Senate Bill S5758

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

                                 5758--A

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                              June 14, 2011
                               ___________

Introduced  by  Sen.  SKELOS -- read twice and ordered printed, and when
  printed to be  committed  to  the  Committee  on  Rules  --  committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

AN  ACT  to  amend  the  general municipal law and the education law, in
  relation to establishing limits upon school district and local govern-
  ment tax levies (Part A); to amend the general municipal law  and  the
  legislative  law, in relation to mandate relief (Part B); to amend the
  general municipal law, in relation to real  property  tax  relief  and
  local  government  mandate reform; to amend the general municipal law,
  in relation to requiring the state to fund certain  programs  mandated
  for municipal corporations; to amend the general municipal law and the
  legislative  law,  in  relation  to  requiring  fiscal notes for bills
  enacting mandates upon local  governments  and  school  districts;  to
  amend the state administrative procedure act, in relation to requiring
  fiscal  impact  notes  on regulations, rules or orders affecting poli-
  tical subdivisions; to amend the state technology law, in relation  to
  sending notices, bills and other communications by electronic means in
  a  city  with a population of one million or more; to amend the execu-
  tive law, in relation to detailed reporting of the administration  and
  enforcement of the New York state uniform fire prevention and building
  code;  to  amend  the  general  municipal  law  and the county law, in
  relation to purchases through the office of general services; to amend
  the executive law, in relation  to  the  bulk  electricity  purchasing
  program;  to amend the general municipal law, in relation to providing
  local governments greater contract flexibility  and  cost  savings  by
  permitting  certain shared purchasing among political subdivisions; to
  amend the insurance law, in relation to authorizing any  city  with  a
  population  of  one  million  or  more  to  provide  wrap-up insurance
  programs and surety bonds for their public building  and  construction
  projects;  to  amend  the  education law, in relation to requiring the
  state to fund certain programs mandated for school districts  and  the
  effect of mandates on school districts; to amend the education law, in
  relation  to the adoption of professional development plans for teach-

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

                                                           LBD13148-03-1

S. 5758--A                          2

  ers; in relation to shared superintendent  programs;  in  relation  to
  approval  of certain leases by the commissioner of education; to amend
  the general municipal law, in relation to the period  of  validity  of
  certificates  attesting  to the satisfactory completion of an approved
  police basic training program; to amend the penal law and the criminal
  procedure law, in relation to the storage and destruction of goods and
  articles relating to the  offenses  of  trademark  counterfeiting  and
  unauthorized recordings; to amend the social services law, in relation
  to  co-payment  for  emergency room services; to amend the tax law, in
  relation to tax credits for premiums; to amend the social services law
  and the insurance law, in relation  to  directing  the  department  of
  health  to submit an amendment to the plan for medical assistance; and
  to direct the department of insurance to adopt any necessary  conform-
  ing  amendments  to regulations or other rules; to amend the education
  law, in relation to authorizing the board of  cooperative  educational
  services  to  form  health  insurance  trusts  with  component  school
  districts; to amend the social services law, in relation  to  applica-
  tions  for  medical  assistance;  to amend the social services law, in
  relation to allowing local social  services  districts  discretion  to
  provide  certain  Medicaid services and to cover certain categories of
  eligibility; in relation to submission of evidence at  fair  hearings;
  to  amend  the  mental hygiene law, in relation to the costs of prose-
  cution of an inmate-patient of a state psychiatric facility; to  amend
  the  highway  law  and the vehicle and traffic law, in relation to the
  maintenance, improvement and repair of certain town highways; to amend
  the highway law, in relation to permitting two or more towns to joint-
  ly purchase highway equipment; to amend the highway law,  in  relation
  to  raising  the threshold for requiring competitive bid contracts for
  local street or highways  projects;  to  amend  the  highway  law,  in
  relation to consolidated local highway assistance payments and direct-
  ing  the  New York state department of transportation to revise codes,
  rules or regulations in relation  thereto;  authorizing  a  county  to
  enter  into  a  cooperative agreement with school districts, towns and
  villages within such county to provide for health  care  benefits  for
  their  employees; to amend the executive law, in relation to the rule-
  making powers of the division of criminal justice services;  to  amend
  the labor law, in relation to the definition of fiscal officer for the
  purposes  of  the  prevailing wage for building services employees; to
  amend the mental hygiene law,  in  relation  to  notifying  the  local
  department  of  social  services  upon  the  death of an incapacitated
  person; to amend the social services law, in relation to  the  use  of
  funds  for  child  care  programs  and  public  assistance  employment
  programs; to amend the social services law, in relation to  the  rule-
  making  powers of the department of social services to provide support
  and incentives encouraging the merging or cooperating of counties  and
  local  social  services  districts;  to  amend  the  executive law, in
  relation to permitting local social services districts to  enter  into
  multi-year  contracts and to apply for waivers from certain non-statu-
  tory regulations; to amend the general municipal  law,  the  education
  law  and the retirement and social security law, in relation to estab-
  lishing an  optional  retirement  program  for  employees  of  munici-
  palities,  local  governments and schools; to amend the education law,
  in relation to certain regional transportation services; to amend  the
  education  law,  in relation to the evaluation of certain students who
  have individualized education programs; to amend the education law, in
  relation to the transportation of  students  based  upon  patterns  of

S. 5758--A                          3

  actual ridership; to amend the education law, in relation to authoriz-
  ing boards of cooperative educational services to engage in collective
  bargaining with employee organizations representing teachers and other
  employees  of  component school districts; to require school districts
  to conform with all federal laws and regulations relating  to  special
  education  programs  and  services  to  students with disabilities; to
  amend the executive law, in relation to modernizing  code  enforcement
  training  programs; to amend the insurance law, in relation to except-
  ing from community rating requirements group health insurance policies
  issued to multiple employer  trusts  consisting  of  municipal  corpo-
  rations  and public benefit corporations; to amend the general munici-
  pal law, in relation to advertising for bids; to amend  the  education
  law,  in  relation  to  health care premium contribution; to amend the
  highway law, in relation to services and reimbursement; to  amend  the
  labor  law,  in  relation  to  prevailing  wages; to amend the general
  municipal law and the civil service law, in relation to real  property
  tax  relief  and  local  government mandate reform; to amend the labor
  law, in relation to requiring employers to provide  safety  ropes  and
  system components to firefighters; and to repeal certain provisions of
  the  penal  law  relating  to the storage and destruction of goods and
  articles relating to the  offenses  of  trademark  counterfeiting  and
  unauthorized  recordings  (Part C); and to amend the general municipal
  law, in relation to contracts for public work projects; to  amend  the
  insurance  law,  in  relation  to authorizing the state, public corpo-
  rations and public authorities to provide wrap-up  insurance  programs
  and  surety bonds for their public building and construction projects;
  to amend the New York city charter, in relation to the publication  of
  the  City  Record;  to amend the general municipal law, in relation to
  acquisition and use of credit cards by local governments; to amend the
  local finance law, in relation to credit card  agreements  by  munici-
  palities  and  school districts; to amend the municipal home rule law,
  in relation to filing and publication of local laws; to repeal  subdi-
  vision  5 of section 27 of the municipal home rule law relating there-
  to; to amend the general municipal law, in relation to the validity of
  police officer and peace officer training certificates; to  amend  the
  correction  law and the criminal procedure law, in relation to permit-
  ting sex offenders  to  make  electronic  appearances  in  lieu  of  a
  personal  appearance in certain circumstances; to amend the correction
  law, in relation to the placement of inmates;  to  amend  the  general
  municipal  law,  in  relation  to  apportioning the expenses of police
  department members in attending police  training  schools;  to  repeal
  section  207-m  of  the  general  municipal  law  relating  to  salary
  increases for heads of police departments of municipalities, districts
  or authorities; to amend the criminal procedure law,  in  relation  to
  the  storage  and  destruction  of  goods and articles relating to the
  offenses of trademark counterfeiting and unauthorized  recordings;  to
  amend  the  county law, in relation to residence of assistant district
  attorneys and to repeal subdivision 6 of section 702 of the county law
  relating thereto; to amend the criminal procedure law, in relation  to
  the  prosecution of the offense of identity theft; to amend the family
  court act, in relation to inter-county probation; to amend the general
  municipal law and the  public  housing  law,  in  relation  to  filing
  requirements  for  municipalities  regarding  urban  renewal plans and
  creation of urban renewal  agencies  and  authorities;  to  amend  the
  social  services law, in relation to a wage reporting system; to amend
  the social services law and the eligibility for child care assistance;

S. 5758--A                          4

  to amend the state finance law, in relation to the quality child  care
  and  protection fund; to amend the tax law, in relation to utilization
  of wage information for determining eligibility for child care assist-
  ance;  to  amend  the  family  court act, in relation to court ordered
  investigations; to amend the family court act and the social  services
  law, in relation to testimony and attendance by telephone, audio-visu-
  al means, or other electronic means; to amend the social services law,
  in  relation  to the length of licenses to board children, training of
  child protective service caseworkers and non-residential services  for
  victims  of  domestic violence; to repeal subdivision 5 of section 423
  of the social services law relating to the responsibilities  of  child
  protective services; to amend the education law, in relation to census
  reporting;  to  amend  the  education  law,  in relation to funding of
  certain capital projects and auditing of claims; to amend  the  educa-
  tion  law,  in  relation  to children with disabilities; and to repeal
  certain provisions of the education law relating thereto (Part D);  to
  amend the general municipal law, in relation to the municipal redevel-
  opment law authorizing tax increment bonds payable from and secured by
  real  property taxes levied by a school district within a project area
  (Part E); to amend the real property tax law, in  relation  to  estab-
  lishing  a residential-commercial exemption program (Part F); to amend
  the tax law, in relation to authorizing certain counties,  cities  and
  school  districts  to  impose  up to a three percent rate of sales and
  compensating use taxes pursuant to the authority of article 29 of such
  law and to preserve the authority of certain counties and  a  city  to
  impose  such  taxes at rates in excess of three percent; and to repeal
  certain provisions of such law relating thereto (Part G); to amend the
  real property tax law, in relation to tax exemption for  new  multiple
  dwellings (Subpart A); to amend the real property tax law, in relation
  to  eliminating the expiration of exemptions of new multiple dwellings
  from local taxation; to amend chapter 576 of the laws of 1974 amending
  the emergency housing rent control law relating to the control of  and
  stabilization  of  rent  in  certain cases, chapter 329 of the laws of
  1963 amending the emergency  housing  rent  control  law  relating  to
  recontrol of rents in Albany, chapter 555 of the laws of 1982 amending
  the  general  business  law and the administrative code of the city of
  New York relating to conversion of residential   property  to  cooper-
  ative or condominium ownership in the city of New York, chapter 402 of
  the laws of 1983 amending the general business law relating to conver-
  sions  of  rental  residential  property to cooperative or condominium
  ownership in certain municipalities in the counties of  Nassau,  West-
  chester  and  Rockland,  in  relation to making the provisions thereof
  permanent; and to repeal certain provisions of the  emergency  housing
  rent  control  law and the rent regulation reform act of 1997 relating
  to the expiration of such provisions, to amend the public housing law,
  in relation to succession; to amend the  administrative  code  of  the
  city  of  New York and the emergency tenant protection act of nineteen
  seventy-four, in relation to rent increases for substantial  modifica-
  tions  or  improvements,  in  relation to limiting rent increase after
  vacancy of a housing accommodation, and lease terms; and to amend  the
  emergency tenant protection act of nineteen seventy-four, the emergen-
  cy housing rent control law and the administrative code of the city of
  New York, in relation to the deregulation of rents (Subpart B); and to
  amend the administrative code of the city of New York and the emergen-
  cy  tenant  protection  act  of  nineteen seventy-four, in relation to

S. 5758--A                          5

  determining primary residency of rent regulated housing accommodations
  (Subpart C)(Part H)

  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
relating  to  real  property tax levies, rent regulation, exemption from
local taxation and mandate relief.  Each component is  wholly  contained
within  a  Part  identified as Parts A through I. 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, including the effective date of the Part, which makes  a  refer-
ence  to  a  section  "of  this  act", when used in connection with that
particular component, shall be deemed to mean and refer  to  the  corre-
sponding 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.  The  general  municipal  law  is  amended by adding a new
section 3-c to read as follows:
  S 3-C. LIMIT UPON REAL PROPERTY TAX LEVIES BY LOCAL GOVERNMENTS.    1.
UNLESS OTHERWISE PROVIDED BY LAW, THE AMOUNT OF REAL PROPERTY TAXES THAT
MAY  BE  LEVIED  BY OR ON BEHALF OF ANY LOCAL GOVERNMENT, OTHER THAN THE
CITY OF NEW YORK AND THE COUNTIES CONTAINED THEREIN,  SHALL  NOT  EXCEED
THE TAX LEVY LIMIT ESTABLISHED PURSUANT TO THIS SECTION.
  2. WHEN USED IN THIS SECTION:
  (A) "ALLOWABLE LEVY GROWTH FACTOR" SHALL BE THE LESSER OF: (I) ONE AND
TWO  ONE-HUNDREDTHS;  OR  (II) THE SUM OF ONE PLUS THE INFLATION FACTOR;
PROVIDED, HOWEVER, THAT IN NO CASE SHALL THE LEVY GROWTH FACTOR BE  LESS
THAN ONE.
  (B)  "AVAILABLE  CARRYOVER" MEANS THE AMOUNT BY WHICH THE TAX LEVY FOR
THE PRIOR FISCAL YEAR WAS BELOW THE TAX LEVY LIMIT FOR SUCH FISCAL YEAR,
IF ANY, BUT NO MORE THAN AN AMOUNT THAT EQUALS ONE AND ONE-HALF  PERCENT
OF THE TAX LEVY LIMIT FOR SUCH FISCAL YEAR.
  (C) "COMING FISCAL YEAR" MEANS THE FISCAL YEAR OF THE LOCAL GOVERNMENT
FOR WHICH A TAX LEVY LIMIT SHALL BE DETERMINED PURSUANT TO THIS SECTION.
  (D)  "INFLATION  FACTOR" MEANS THE QUOTIENT OF: (I) THE AVERAGE OF THE
NATIONAL CONSUMER PRICE INDEXES DETERMINED BY THE UNITED STATES  DEPART-
MENT OF LABOR FOR THE TWELVE-MONTH PERIOD ENDING SIX MONTHS PRIOR TO THE
START  OF  THE  COMING  FISCAL  YEAR  MINUS  THE AVERAGE OF THE NATIONAL
CONSUMER PRICE INDEXES DETERMINED BY THE  UNITED  STATES  DEPARTMENT  OF
LABOR  FOR  THE TWELVE-MONTH PERIOD ENDING SIX MONTHS PRIOR TO THE START
OF THE PRIOR FISCAL YEAR, DIVIDED BY: (II) THE AVERAGE OF  THE  NATIONAL
CONSUMER  PRICE  INDEXES  DETERMINED  BY THE UNITED STATES DEPARTMENT OF
LABOR FOR THE TWELVE-MONTH PERIOD ENDING SIX MONTHS PRIOR TO  THE  START
OF THE PRIOR FISCAL YEAR, WITH THE RESULT EXPRESSED AS A DECIMAL TO FOUR
PLACES.
  (E)  "LOCAL  GOVERNMENT"  MEANS  A  COUNTY,  CITY, TOWN, VILLAGE, FIRE
DISTRICT, OR SPECIAL DISTRICT INCLUDING BUT NOT LIMITED  TO  A  DISTRICT
CREATED  PURSUANT  TO ARTICLE TWELVE OR TWELVE-A, OR GOVERNED BY ARTICLE
THIRTEEN OF THE TOWN LAW, OR CREATED PURSUANT TO ARTICLE FIVE-A,  FIVE-B
OR FIVE-D OF THE COUNTY LAW, CHAPTER FIVE HUNDRED SIXTEEN OF THE LAWS OF
NINETEEN  HUNDRED  TWENTY-EIGHT, OR CHAPTER TWO HUNDRED SEVENTY-THREE OF

S. 5758--A                          6

THE LAWS  OF  NINETEEN  HUNDRED  THIRTY-NINE,  AND  SHALL  INCLUDE  TOWN
IMPROVEMENTS  PROVIDED  PURSUANT TO ARTICLES THREE-A AND TWELVE-C OF THE
TOWN LAW BUT SHALL NOT INCLUDE THE CITY OF  NEW  YORK  OR  THE  COUNTIES
CONTAINED THEREIN.
  (F)  "PRIOR FISCAL YEAR" MEANS THE FISCAL YEAR OF THE LOCAL GOVERNMENT
IMMEDIATELY PRECEDING THE COMING FISCAL YEAR.
  (G) "TAX LEVY LIMIT" MEANS THE AMOUNT OF TAXES AUTHORIZED TO BE LEVIED
BY OR ON  BEHALF  OF  A  LOCAL  GOVERNMENT  PURSUANT  TO  THIS  SECTION,
PROVIDED, HOWEVER, THAT THE TAX LEVY LIMIT SHALL NOT INCLUDE THE FOLLOW-
ING:
  (I)  A TAX LEVY NECESSARY FOR EXPENDITURES RESULTING FROM COURT ORDERS
OR JUDGMENTS AGAINST THE LOCAL GOVERNMENT ARISING OUT  OF  TORT  ACTIONS
FOR  ANY AMOUNT THAT EXCEEDS FIVE PERCENT OF THE TOTAL TAX LEVIED IN THE
PRIOR FISCAL YEAR;
  (II) IN YEARS IN WHICH THE SYSTEM AVERAGE ACTUARIAL CONTRIBUTION  RATE
OF THE NEW YORK STATE AND LOCAL EMPLOYEES' RETIREMENT SYSTEM, AS DEFINED
BY  PARAGRAPH  TEN OF SUBDIVISION A OF SECTION NINETEEN-A OF THE RETIRE-
MENT AND SOCIAL SECURITY LAW, INCREASES  BY  MORE  THAN  TWO  PERCENTAGE
POINTS FROM THE PREVIOUS YEAR, A TAX LEVY NECESSARY FOR EXPENDITURES FOR
THE  COMING  FISCAL  YEAR FOR LOCAL GOVERNMENT EMPLOYER CONTRIBUTIONS TO
THE NEW YORK STATE AND LOCAL  EMPLOYEES'  RETIREMENT  SYSTEM  CAUSED  BY
GROWTH  IN  THE  SYSTEM  AVERAGE  ACTUARIAL  CONTRIBUTION RATE MINUS TWO
PERCENTAGE POINTS;
  (III) IN YEARS IN WHICH THE SYSTEM AVERAGE ACTUARIAL CONTRIBUTION RATE
OF THE NEW YORK STATE AND LOCAL POLICE AND FIRE  RETIREMENT  SYSTEM,  AS
DEFINED  BY  PARAGRAPH  ELEVEN OF SUBDIVISION A OF SECTION THREE HUNDRED
NINETEEN-A OF THE RETIREMENT AND SOCIAL SECURITY LAW, INCREASES BY  MORE
THAN  TWO PERCENTAGE POINTS FROM THE PREVIOUS YEAR, A TAX LEVY NECESSARY
FOR EXPENDITURES FOR THE COMING FISCAL YEAR FOR LOCAL GOVERNMENT EMPLOY-
ER CONTRIBUTIONS TO THE NEW YORK STATE AND LOCAL POLICE AND FIRE RETIRE-
MENT SYSTEM CAUSED BY GROWTH IN THE SYSTEM  AVERAGE  ACTUARIAL  CONTRIB-
UTION RATE MINUS TWO PERCENTAGE POINTS;
  (IV)  IN  YEARS  IN WHICH THE NORMAL CONTRIBUTION RATE OF THE NEW YORK
STATE TEACHERS' RETIREMENT SYSTEM, AS DEFINED BY PARAGRAPH A OF SUBDIVI-
SION TWO OF  SECTION  FIVE  HUNDRED  SEVENTEEN  OF  THE  EDUCATION  LAW,
INCREASES  BY  MORE THAN TWO PERCENTAGE POINTS FROM THE PREVIOUS YEAR, A
TAX LEVY NECESSARY FOR EXPENDITURES FOR THE COMING FISCAL YEAR FOR LOCAL
GOVERNMENT EMPLOYER  CONTRIBUTIONS  TO  THE  NEW  YORK  STATE  TEACHERS'
RETIREMENT SYSTEM CAUSED BY GROWTH IN THE NORMAL CONTRIBUTION RATE MINUS
TWO PERCENTAGE POINTS.
  (H)  "TAX"  OR  "TAXES"  SHALL  INCLUDE (I) A CHARGE IMPOSED UPON REAL
PROPERTY BY OR ON BEHALF OF A COUNTY,  CITY,  TOWN,  VILLAGE  OR  SCHOOL
DISTRICT  FOR MUNICIPAL OR SCHOOL DISTRICT PURPOSES, AND (II) SPECIAL AD
VALOREM LEVIES AND SPECIAL ASSESSMENTS AS DEFINED IN SUBDIVISIONS  FOUR-
TEEN  AND  FIFTEEN  OF  SECTION ONE HUNDRED TWO OF THE REAL PROPERTY TAX
LAW.
  3. (A) SUBJECT TO THE PROVISIONS OF SUBDIVISION FIVE OF THIS  SECTION,
BEGINNING  WITH  THE  FISCAL YEAR THAT BEGINS IN TWO THOUSAND TWELVE, NO
LOCAL GOVERNMENT SHALL ADOPT A BUDGET THAT REQUIRES A TAX LEVY  THAT  IS
GREATER  THAN  THE  TAX  LEVY LIMIT FOR THE COMING FISCAL YEAR. PROVIDED
HOWEVER THE TAX LEVY LIMIT  SHALL  NOT  PROHIBIT  A  LEVY  NECESSARY  TO
SUPPORT  THE  EXPENDITURES PURSUANT TO SUBPARAGRAPHS (I) THROUGH (IV) OF
PARAGRAPH (G) OF SUBDIVISION TWO OF THIS SECTION.
  (B)(I) THE COMMISSIONER OF TAXATION  AND  FINANCE  SHALL  CALCULATE  A
QUANTITY  CHANGE  FACTOR FOR EACH LOCAL GOVERNMENT FOR THE COMING FISCAL
YEAR BASED UPON THE PHYSICAL OR QUANTITY CHANGE, AS DEFINED  BY  SECTION

S. 5758--A                          7

TWELVE  HUNDRED  TWENTY  OF  THE  REAL PROPERTY TAX LAW, REPORTED TO THE
COMMISSIONER OF TAXATION AND FINANCE BY THE ASSESSOR OR ASSESSORS PURSU-
ANT TO SECTION FIVE HUNDRED SEVENTY-FIVE OF THE REAL PROPERTY  TAX  LAW.
THE  QUANTITY  CHANGE FACTOR SHALL SHOW THE PERCENTAGE BY WHICH THE FULL
VALUE OF THE TAXABLE REAL PROPERTY IN THE LOCAL GOVERNMENT  HAS  CHANGED
DUE  TO  PHYSICAL OR QUANTITY CHANGE BETWEEN THE SECOND FINAL ASSESSMENT
ROLL OR ROLLS PRECEDING THE FINAL ASSESSMENT ROLL OR  ROLLS  UPON  WHICH
TAXES  ARE  TO  BE  LEVIED, AND THE FINAL ASSESSMENT ROLL OR ROLLS IMME-
DIATELY PRECEDING THE FINAL ASSESSMENT ROLL OR ROLLS  UPON  WHICH  TAXES
ARE TO BE LEVIED.
  (II)  AFTER  DETERMINING  THE  QUANTITY  CHANGE  FACTOR  FOR THE LOCAL
GOVERNMENT, THE COMMISSIONER OF TAXATION AND FINANCE  SHALL  PROCEED  AS
FOLLOWS:
  (A)  IF  THE  QUANTITY  CHANGE FACTOR IS NEGATIVE, THE COMMISSIONER OF
TAXATION AND FINANCE SHALL NOT DETERMINE A TAX BASE  GROWTH  FACTOR  FOR
THE LOCAL GOVERNMENT.
  (B)  IF  THE  QUANTITY  CHANGE FACTOR IS POSITIVE, THE COMMISSIONER OF
TAXATION AND FINANCE SHALL DETERMINE A TAX BASE GROWTH  FACTOR  FOR  THE
LOCAL GOVERNMENT WHICH IS EQUAL TO ONE PLUS THE QUANTITY CHANGE FACTOR.
  (III)  THE COMMISSIONER OF TAXATION AND FINANCE SHALL NOTIFY THE STATE
COMPTROLLER AND EACH LOCAL GOVERNMENT OF THE APPLICABLE TAX BASE  GROWTH
FACTORS, IF ANY, AS SOON THEREAFTER AS SUCH FACTORS ARE DETERMINED.
  (C)  EACH LOCAL GOVERNMENT SHALL CALCULATE THE TAX LEVY LIMIT APPLICA-
BLE TO THE COMING FISCAL YEAR WHICH SHALL BE DETERMINED AS FOLLOWS:
  (I) ASCERTAIN THE TOTAL AMOUNT OF TAXES LEVIED FOR  THE  PRIOR  FISCAL
YEAR.
  (II)  MULTIPLY  THE  RESULT  BY THE TAX BASE GROWTH FACTOR, CALCULATED
PURSUANT TO PARAGRAPH (B) OF THIS SUBDIVISION, IF ANY.
  (III) ADD ANY PAYMENTS IN LIEU OF TAXES THAT WERE  RECEIVABLE  IN  THE
PRIOR FISCAL YEAR.
  (IV)  SUBTRACT THE TAX LEVY NECESSARY TO SUPPORT EXPENDITURES PURSUANT
TO SUBPARAGRAPH (I) OF PARAGRAPH (G) OF SUBDIVISION TWO OF THIS  SECTION
FOR THE PRIOR FISCAL YEAR, IF ANY.
  (V) MULTIPLY THE RESULT BY THE ALLOWABLE LEVY GROWTH FACTOR.
  (VI)  SUBTRACT  ANY PAYMENTS IN LIEU OF TAXES RECEIVABLE IN THE COMING
FISCAL YEAR.
  (VII) ADD THE AVAILABLE CARRYOVER, IF ANY.
  (D) WHENEVER THE RESPONSIBILITY AND ASSOCIATED COST OF A LOCAL GOVERN-
MENT FUNCTION IS TRANSFERRED TO  ANOTHER  LOCAL  GOVERNMENT,  THE  STATE
COMPTROLLER  SHALL DETERMINE THE COSTS AND SAVINGS ON THE AFFECTED LOCAL
GOVERNMENTS ATTRIBUTABLE TO SUCH TRANSFER  FOR  THE  FIRST  FISCAL  YEAR
FOLLOWING THE TRANSFER, AND NOTIFY SUCH LOCAL GOVERNMENTS OF SUCH DETER-
MINATION AND THAT THEY SHALL ADJUST THEIR TAX LEVY LIMITS ACCORDINGLY.
  4. (A) WHEN TWO OR MORE LOCAL GOVERNMENTS CONSOLIDATE, THE STATE COMP-
TROLLER  SHALL  DETERMINE  THE TAX LEVY LIMIT FOR THE CONSOLIDATED LOCAL
GOVERNMENT FOR THE FIRST FISCAL YEAR FOLLOWING THE  CONSOLIDATION  BASED
ON  THE  RESPECTIVE  TAX  LEVY LIMITS OF THE COMPONENT LOCAL GOVERNMENTS
THAT FORMED SUCH CONSOLIDATED LOCAL GOVERNMENT FROM THE LAST FISCAL YEAR
PRIOR TO THE CONSOLIDATION.
  (B) WHEN A LOCAL GOVERNMENT DISSOLVES,  THE  STATE  COMPTROLLER  SHALL
DETERMINE  THE  TAX LEVY LIMIT FOR THE LOCAL GOVERNMENT THAT ASSUMES THE
DEBTS, LIABILITIES, AND OBLIGATIONS OF SUCH DISSOLVED  LOCAL  GOVERNMENT
FOR THE FIRST FISCAL YEAR FOLLOWING THE DISSOLUTION BASED ON THE RESPEC-
TIVE  TAX  LEVY LIMITS OF SUCH DISSOLVED LOCAL GOVERNMENT AND SUCH LOCAL
GOVERNMENT THAT ASSUMES THE DEBTS, LIABILITIES, AND OBLIGATIONS OF  SUCH

S. 5758--A                          8

DISSOLVED  LOCAL  GOVERNMENT  FROM  THE  LAST  FISCAL  YEAR PRIOR TO THE
DISSOLUTION.
  (C)  THE TAX LEVY LIMIT ESTABLISHED BY THIS SECTION SHALL NOT APPLY TO
THE FIRST FISCAL YEAR AFTER A LOCAL GOVERNMENT IS NEWLY  ESTABLISHED  OR
CONSTITUTED THROUGH A PROCESS OTHER THAN CONSOLIDATION OR DISSOLUTION.
  5. A LOCAL GOVERNMENT MAY ADOPT A BUDGET THAT REQUIRES A TAX LEVY THAT
IS  GREATER  THAN  THE  TAX  LEVY  LIMIT FOR THE COMING FISCAL YEAR, NOT
INCLUDING ANY LEVY NECESSARY TO SUPPORT  THE  EXPENDITURES  PURSUANT  TO
SUBPARAGRAPHS (I) THROUGH (IV) OF PARAGRAPH G OF SUBDIVISION TWO OF THIS
SECTION,  ONLY  IF  THE  GOVERNING  BODY  OF SUCH LOCAL GOVERNMENT FIRST
ENACTS, BY A VOTE OF SIXTY PERCENT OF THE TOTAL  VOTING  POWER  OF  SUCH
BODY,  A  LOCAL  LAW  TO OVERRIDE SUCH LIMIT FOR SUCH COMING FISCAL YEAR
ONLY, OR IN THE CASE OF A  DISTRICT  OR  FIRE  DISTRICT,  A  RESOLUTION,
APPROVED  BY  A  VOTE OF SIXTY PERCENT OF THE TOTAL VOTING POWER OF SUCH
BODY, TO OVERRIDE SUCH LIMIT FOR SUCH COMING FISCAL YEAR ONLY.
  6. IN THE EVENT A LOCAL GOVERNMENT'S  ACTUAL  TAX  LEVY  FOR  A  GIVEN
FISCAL  YEAR  EXCEEDS THE TAX LEVY LIMIT AS ESTABLISHED PURSUANT TO THIS
SECTION DUE TO CLERICAL OR TECHNICAL ERRORS, THE LOCAL GOVERNMENT  SHALL
PLACE  THE  EXCESS AMOUNT OF THE LEVY IN RESERVE IN ACCORDANCE WITH SUCH
REQUIREMENTS AS THE STATE COMPTROLLER MAY PRESCRIBE, AND SHALL USE  SUCH
FUNDS  AND  ANY  INTEREST  EARNED THEREON TO OFFSET THE TAX LEVY FOR THE
ENSUING FISCAL YEAR.  IF, UPON EXAMINATION PURSUANT TO SECTIONS  THIRTY-
THREE  AND THIRTY-FOUR OF THIS CHAPTER, THE STATE COMPTROLLER FINDS THAT
A LOCAL GOVERNMENT LEVIED TAXES IN EXCESS OF  THE  APPLICABLE  TAX  LEVY
LIMIT,  THE  LOCAL  GOVERNMENT,  AS  SOON AS PRACTICABLE, SHALL PLACE AN
AMOUNT EQUAL TO THE EXCESS AMOUNT OF THE LEVY IN SUCH RESERVE IN ACCORD-
ANCE WITH THIS SUBDIVISION.
  7.  ALL LOCAL GOVERNMENTS SUBJECT TO THE PROVISIONS  OF  THIS  SECTION
SHALL,  PRIOR TO ADOPTING A BUDGET FOR THE COMING FISCAL YEAR, SUBMIT TO
THE STATE COMPTROLLER, IN A FORM AND MANNER AS HE OR SHE MAY  PRESCRIBE,
ANY  INFORMATION  NECESSARY  FOR  CALCULATING THE TAX LEVY LIMIT FOR THE
COMING FISCAL YEAR.
  S 2. The education law is amended by adding a new  section  2023-a  to
read as follows:
  S  2023-A.  LIMITATIONS UPON SCHOOL DISTRICT TAX LEVIES. 1. GENERALLY.
UNLESS OTHERWISE PROVIDED BY LAW, THE AMOUNT OF TAXES THAT MAY BE LEVIED
BY OR ON BEHALF OF  ANY  SCHOOL  DISTRICT,  OTHER  THAN  A  CITY  SCHOOL
DISTRICT  OF A CITY WITH ONE HUNDRED TWENTY-FIVE THOUSAND INHABITANTS OR
MORE, SHALL NOT EXCEED THE TAX LEVY LIMIT ESTABLISHED PURSUANT  TO  THIS
SECTION,  NOT  INCLUDING  ANY TAX LEVY NECESSARY TO SUPPORT THE EXPENDI-
TURES PURSUANT TO SUBPARAGRAPHS (I)  THROUGH  (IV)  OF  PARAGRAPH  I  OF
SUBDIVISION TWO OF THIS SECTION.
  2. DEFINITIONS. AS USED IN THIS SECTION:
  A.  "ALLOWABLE LEVY GROWTH FACTOR" SHALL BE THE LESSER OF: (I) ONE AND
TWO ONE-HUNDREDTHS; OR (II) THE SUM OF ONE PLUS  THE  INFLATION  FACTOR;
PROVIDED,  HOWEVER, THAT IN NO CASE SHALL THE LEVY GROWTH FACTOR BE LESS
THAN ONE.
  B. "AVAILABLE CARRYOVER" MEANS THE AMOUNT BY WHICH THE  TAX  LEVY  FOR
THE  PRIOR  SCHOOL YEAR WAS BELOW THE APPLICABLE TAX LEVY LIMIT FOR SUCH
SCHOOL YEAR, IF ANY, BUT NO MORE THAN AN  AMOUNT  THAT  EQUALS  ONE  AND
ONE-HALF PERCENT OF THE TAX LEVY LIMIT FOR SUCH SCHOOL YEAR.
  C.  "CAPITAL LOCAL EXPENDITURES" MEANS THE TAXES ASSOCIATED WITH BUDG-
ETED EXPENDITURES RESULTING FROM THE  FINANCING,  REFINANCING,  ACQUISI-
TION, DESIGN, CONSTRUCTION, RECONSTRUCTION, REHABILITATION, IMPROVEMENT,
FURNISHING  AND EQUIPPING OF, OR OTHERWISE PROVIDING FOR SCHOOL DISTRICT
CAPITAL FACILITIES OR SCHOOL DISTRICT CAPITAL EQUIPMENT, INCLUDING  DEBT

S. 5758--A                          9

SERVICE AND LEASE EXPENDITURES, AND TRANSPORTATION CAPITAL DEBT SERVICE,
SUBJECT TO THE APPROVAL OF THE QUALIFIED VOTERS WHERE REQUIRED BY LAW.
  D.  "CAPITAL TAX LEVY" MEANS THE TAX LEVY NECESSARY TO SUPPORT CAPITAL
LOCAL EXPENDITURES, IF ANY.
  E. "COMING SCHOOL YEAR" MEANS THE  SCHOOL  YEAR  FOR  WHICH  TAX  LEVY
LIMITS ARE BEING DETERMINED PURSUANT TO THIS SECTION.
  F.  "INFLATION  FACTOR"  MEANS THE QUOTIENT OF: (I) THE AVERAGE OF THE
NATIONAL CONSUMER PRICE INDEXES DETERMINED BY THE UNITED STATES  DEPART-
MENT OF LABOR FOR THE TWELVE-MONTH PERIOD PRECEDING JANUARY FIRST OF THE
CURRENT  YEAR  MINUS  THE AVERAGE OF THE NATIONAL CONSUMER PRICE INDEXES
DETERMINED BY THE UNITED STATES DEPARTMENT OF LABOR FOR THE TWELVE-MONTH
PERIOD PRECEDING JANUARY FIRST OF THE PRIOR YEAR, DIVIDED BY:  (II)  THE
AVERAGE  OF THE NATIONAL CONSUMER PRICE INDEXES DETERMINED BY THE UNITED
STATES DEPARTMENT OF LABOR FOR THE TWELVE-MONTH PERIOD PRECEDING JANUARY
FIRST OF THE PRIOR YEAR, WITH THE RESULT EXPRESSED AS A DECIMAL TO  FOUR
PLACES.
  G. "PRIOR SCHOOL YEAR" MEANS THE SCHOOL YEAR IMMEDIATELY PRECEDING THE
COMING SCHOOL YEAR.
  H. "SCHOOL DISTRICT" MEANS A COMMON SCHOOL DISTRICT, UNION FREE SCHOOL
DISTRICT,  CENTRAL  SCHOOL  DISTRICT,  CENTRAL HIGH SCHOOL DISTRICT OR A
CITY SCHOOL DISTRICT IN A CITY WITH LESS THAN  ONE  HUNDRED  TWENTY-FIVE
THOUSAND INHABITANTS.
  I.  "TAX  LEVY  LIMIT"  MEANS THE AMOUNT OF TAXES A SCHOOL DISTRICT IS
AUTHORIZED TO LEVY PURSUANT TO THIS SECTION, PROVIDED, HOWEVER, THAT THE
TAX LEVY LIMIT SHALL NOT INCLUDE THE FOLLOWING:
  (I) A TAX LEVY NECESSARY FOR EXPENDITURES RESULTING FROM COURT  ORDERS
OR JUDGMENTS AGAINST THE SCHOOL DISTRICT ARISING OUT OF TORT ACTIONS FOR
ANY  AMOUNT  THAT  EXCEEDS  FIVE  PERCENT OF THE TOTAL TAX LEVIED IN THE
PRIOR SCHOOL YEAR;
  (II) IN YEARS IN WHICH THE SYSTEM AVERAGE ACTUARIAL CONTRIBUTION  RATE
OF THE NEW YORK STATE AND LOCAL EMPLOYEES' RETIREMENT SYSTEM, AS DEFINED
BY  PARAGRAPH  TEN OF SUBDIVISION A OF SECTION NINETEEN-A OF THE RETIRE-
MENT AND SOCIAL SECURITY LAW, INCREASES  BY  MORE  THAN  TWO  PERCENTAGE
POINTS FROM THE PREVIOUS YEAR, A TAX LEVY NECESSARY FOR EXPENDITURES FOR
THE COMING FISCAL YEAR FOR SCHOOL DISTRICT EMPLOYER CONTRIBUTIONS TO THE
NEW  YORK  STATE AND LOCAL EMPLOYEES' RETIREMENT SYSTEM CAUSED BY GROWTH
IN THE SYSTEM AVERAGE ACTUARIAL CONTRIBUTION RATE MINUS  TWO  PERCENTAGE
POINTS;
  (III)  IN  YEARS IN WHICH THE NORMAL CONTRIBUTION RATE OF THE NEW YORK
STATE TEACHERS' RETIREMENT SYSTEM, AS DEFINED BY PARAGRAPH A OF SUBDIVI-
SION TWO OF SECTION FIVE HUNDRED SEVENTEEN OF THIS CHAPTER, INCREASES BY
MORE THAN TWO PERCENTAGE POINTS FROM  THE  PREVIOUS  YEAR,  A  TAX  LEVY
NECESSARY  FOR  EXPENDITURES  FOR  THE  COMING  FISCAL  YEAR  FOR SCHOOL
DISTRICT EMPLOYER CONTRIBUTIONS TO THE NEW YORK STATE TEACHERS'  RETIRE-
MENT  SYSTEM  CAUSED BY GROWTH IN THE NORMAL CONTRIBUTION RATE MINUS TWO
PERCENTAGE POINTS; AND
  (IV) A CAPITAL TAX LEVY.
  2-A. TAX BASE GROWTH FACTOR. A. NO LATER THAN  FEBRUARY  FIFTEENTH  OF
EACH YEAR, THE COMMISSIONER OF TAXATION AND FINANCE SHALL IDENTIFY THOSE
SCHOOL  DISTRICTS  FOR  WHICH TAX BASE GROWTH FACTORS MUST BE DETERMINED
FOR THE COMING SCHOOL YEAR, AND SHALL NOTIFY THE COMMISSIONER OF THE TAX
BASE GROWTH FACTORS SO DETERMINED, IF ANY.
  B. THE COMMISSIONER OF TAXATION AND FINANCE SHALL CALCULATE A QUANTITY
CHANGE FACTOR FOR THE COMING SCHOOL YEAR FOR EACH SCHOOL DISTRICT  BASED
UPON  THE  PHYSICAL  OR  QUANTITY  CHANGE,  AS DEFINED BY SECTION TWELVE
HUNDRED TWENTY OF THE REAL PROPERTY TAX LAW, REPORTED TO THE COMMISSION-

S. 5758--A                         10

ER OF TAXATION AND FINANCE BY THE  ASSESSOR  OR  ASSESSORS  PURSUANT  TO
SECTION  FIVE  HUNDRED  SEVENTY-FIVE  OF  THE REAL PROPERTY TAX LAW. THE
QUANTITY CHANGE FACTOR SHALL SHOW THE PERCENTAGE BY WHICH THE FULL VALUE
OF  THE  TAXABLE REAL PROPERTY IN THE SCHOOL DISTRICT HAS CHANGED DUE TO
PHYSICAL OR QUANTITY CHANGE BETWEEN THE SECOND FINAL ASSESSMENT ROLL  OR
ROLLS  PRECEDING THE FINAL ASSESSMENT ROLL OR ROLLS UPON WHICH TAXES ARE
TO BE LEVIED, AND THE FINAL ASSESSMENT ROLL OR ROLLS IMMEDIATELY PRECED-
ING THE FINAL ASSESSMENT ROLL OR  ROLLS  UPON  WHICH  TAXES  ARE  TO  BE
LEVIED.
  C. AFTER DETERMINING THE QUANTITY CHANGE FACTOR FOR A SCHOOL DISTRICT,
THE COMMISSIONER OF TAXATION AND FINANCE SHALL PROCEED AS FOLLOWS:
  (I)  IF  THE  QUANTITY  CHANGE FACTOR IS NEGATIVE, THE COMMISSIONER OF
TAXATION AND FINANCE SHALL NOT DETERMINE A TAX BASE  GROWTH  FACTOR  FOR
THE SCHOOL DISTRICT.
  (II)  IF  THE  QUANTITY CHANGE FACTOR IS POSITIVE, THE COMMISSIONER OF
TAXATION AND FINANCE SHALL DETERMINE A TAX BASE GROWTH  FACTOR  FOR  THE
SCHOOL DISTRICT WHICH IS EQUAL TO ONE PLUS THE QUANTITY CHANGE FACTOR.
  3.  COMPUTATION  OF  TAX  LEVY  LIMITS.  A. EACH SCHOOL DISTRICT SHALL
CALCULATE THE TAX LEVY LIMIT FOR EACH SCHOOL YEAR WHICH SHALL BE  DETER-
MINED AS FOLLOWS:
  (1)  ASCERTAIN  THE  TOTAL AMOUNT OF TAXES LEVIED FOR THE PRIOR SCHOOL
YEAR.
  (2) MULTIPLY THE RESULT BY THE TAX BASE GROWTH FACTOR, IF ANY.
  (3) ADD ANY PAYMENTS IN LIEU OF TAXES  THAT  WERE  RECEIVABLE  IN  THE
PRIOR SCHOOL YEAR.
  (4) SUBTRACT THE TAX LEVY NECESSARY TO SUPPORT THE EXPENDITURES PURSU-
ANT  TO  SUBPARAGRAPHS (I) AND (IV) OF PARAGRAPH I OF SUBDIVISION TWO OF
THIS SECTION FOR THE PRIOR SCHOOL YEAR, IF ANY.
  (5) MULTIPLY THE RESULT BY THE ALLOWABLE LEVY GROWTH FACTOR.
  (6) SUBTRACT ANY PAYMENTS IN LIEU OF TAXES RECEIVABLE  IN  THE  COMING
FISCAL YEAR.
  (7) ADD THE AVAILABLE CARRYOVER, IF ANY.
  B.  ON OR BEFORE MARCH FIRST OF EACH YEAR, ANY SCHOOL DISTRICT SUBJECT
TO THE PROVISIONS OF THIS SECTION SHALL SUBMIT TO THE STATE COMPTROLLER,
THE  COMMISSIONER,  AND  THE  COMMISSIONER OF TAXATION AND FINANCE, IN A
FORM AND MANNER PRESCRIBED BY THE  STATE  COMPTROLLER,  ANY  INFORMATION
NECESSARY  FOR  THE  CALCULATION  OF  THE TAX LEVY LIMIT; AND THE SCHOOL
DISTRICT'S DETERMINATION OF THE TAX LEVY LIMIT PURSUANT TO THIS  SECTION
SHALL  BE  SUBJECT TO REVIEW BY THE COMMISSIONER AND THE COMMISSIONER OF
TAXATION AND FINANCE.
  4. REORGANIZED SCHOOL DISTRICTS. WHEN TWO  OR  MORE  SCHOOL  DISTRICTS
REORGANIZE,  THE COMMISSIONER SHALL DETERMINE THE TAX LEVY LIMIT FOR THE
REORGANIZED SCHOOL DISTRICT FOR THE  FIRST  SCHOOL  YEAR  FOLLOWING  THE
REORGANIZATION  BASED  ON  THE  RESPECTIVE TAX LEVY LIMITS OF THE SCHOOL
DISTRICTS THAT FORMED THE REORGANIZED DISTRICT FROM THE LAST SCHOOL YEAR
IN WHICH THEY WERE SEPARATE DISTRICTS, PROVIDED THAT  IN  THE  EVENT  OF
FORMATION OF A NEW CENTRAL HIGH SCHOOL DISTRICT, THE TAX LEVY LIMITS FOR
THE  NEW CENTRAL HIGH SCHOOL DISTRICT AND ITS COMPONENT SCHOOL DISTRICTS
SHALL BE DETERMINED IN ACCORDANCE WITH A METHODOLOGY PRESCRIBED  BY  THE
COMMISSIONER.
  5.  ERRONEOUS LEVIES. IN THE EVENT A SCHOOL DISTRICT'S ACTUAL TAX LEVY
FOR A GIVEN SCHOOL YEAR EXCEEDS THE MAXIMUM  ALLOWABLE  LEVY  AS  ESTAB-
LISHED PURSUANT TO THIS SECTION DUE TO CLERICAL OR TECHNICAL ERRORS, THE
SCHOOL  DISTRICT SHALL PLACE THE EXCESS AMOUNT OF THE LEVY IN RESERVE IN
ACCORDANCE  WITH  SUCH  REQUIREMENTS  AS  THE  STATE   COMPTROLLER   MAY

S. 5758--A                         11

PRESCRIBE,  AND  SHALL USE SUCH FUNDS AND ANY INTEREST EARNED THEREON TO
OFFSET THE TAX LEVY FOR THE ENSUING SCHOOL YEAR.
  6.  (A) NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, IN
THE EVENT THE TRUSTEE, TRUSTEES  OR  BOARD  OF  EDUCATION  OF  A  SCHOOL
DISTRICT  THAT  IS  SUBJECT TO THE PROVISIONS OF THIS SECTION PROPOSES A
BUDGET THAT WILL REQUIRE A TAX LEVY THAT EXCEEDS THE TAX LEVY LIMIT  FOR
THE  CORRESPONDING  SCHOOL  YEAR,  NOT  INCLUDING  ANY LEVY NECESSARY TO
SUPPORT THE EXPENDITURES PURSUANT TO SUBPARAGRAPHS (I) THROUGH  (IV)  OF
PARAGRAPH  I  OF SUBDIVISION TWO OF THIS SECTION, THEN SUCH BUDGET SHALL
BE APPROVED IF SIXTY PERCENT OF THE VOTES CAST THEREON ARE IN THE AFFIR-
MATIVE.
  (B) WHERE THE TRUSTEE, TRUSTEES OR BOARD OF EDUCATION PROPOSES A BUDG-
ET SUBJECT TO THE REQUIREMENTS OF PARAGRAPH (A) OF THIS SUBDIVISION, THE
BALLOT FOR SUCH BUDGET SHALL INCLUDE THE FOLLOWING STATEMENT IN SUBSTAN-
TIALLY THE SAME FORM: "ADOPTION OF  THIS  BUDGET  REQUIRES  A  TAX  LEVY
INCREASE  OF         WHICH EXCEEDS THE STATUTORY TAX LEVY INCREASE LIMIT
OF      FOR THIS SCHOOL FISCAL YEAR AND THEREFORE EXCEEDS THE STATE  TAX
CAP  AND MUST BE APPROVED BY SIXTY PERCENT OF THE QUALIFIED VOTERS PRES-
ENT AND VOTING."
  7. IN THE EVENT THAT THE ORIGINAL PROPOSED BUDGET IS NOT  APPROVED  BY
THE VOTERS, THE SOLE TRUSTEE, TRUSTEES OR BOARD OF EDUCATION MAY ADOPT A
FINAL  BUDGET  PURSUANT TO SUBDIVISION EIGHT OF THIS SECTION OR RESUBMIT
TO THE VOTERS THE ORIGINAL OR A REVISED BUDGET  AT  A  SPECIAL  DISTRICT
MEETING  IN  ACCORDANCE WITH   SUBDIVISION THREE OF SECTION TWO THOUSAND
SEVEN OF THIS PART.  UPON ONE DEFEAT OF  SUCH  RESUBMITTED  BUDGET,  THE
SOLE  TRUSTEE, TRUSTEES OR BOARD OF EDUCATION SHALL ADOPT A FINAL BUDGET
PURSUANT TO SUBDIVISION EIGHT OF THIS SECTION.
  8. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, IF  THE
QUALIFIED  VOTERS  FAIL  TO  APPROVE THE PROPOSED SCHOOL DISTRICT BUDGET
UPON RESUBMISSION OR UPON A DETERMINATION NOT TO RESUBMIT FOR  A  SECOND
VOTE  PURSUANT  TO  SUBDIVISION SEVEN OF THIS SECTION, THE SOLE TRUSTEE,
TRUSTEES OR BOARD OF EDUCATION SHALL LEVY A TAX NO GREATER THAN THE  TAX
THAT WAS LEVIED FOR THE PRIOR SCHOOL YEAR.
  9.  NOTHING  IN  THIS SECTION SHALL PRECLUDE THE TRUSTEE, TRUSTEES, OR
BOARD OF EDUCATION OF A  SCHOOL  DISTRICT,  IN  THEIR  DISCRETION,  FROM
SUBMITTING  ADDITIONAL  ITEMS OF EXPENDITURES TO THE VOTERS FOR APPROVAL
AS SEPARATE PROPOSITIONS OR  THE  VOTERS  FROM  SUBMITTING  PROPOSITIONS
PURSUANT  TO SECTIONS TWO THOUSAND EIGHT AND TWO THOUSAND THIRTY-FIVE OF
THIS PART; PROVIDED HOWEVER, EXCEPT IN THE CASE OF A PROPOSITION SUBMIT-
TED FOR ANY EXPENDITURE CONTAINED WITHIN SUBPARAGRAPHS (I) THROUGH  (IV)
OF  PARAGRAPH  I OF SUBDIVISION TWO OF THIS SECTION, IF ANY PROPOSITION,
OR PROPOSITIONS COLLECTIVELY THAT ARE SUBJECT TO  A  VOTE  ON  THE  SAME
DATE,  WOULD  REQUIRE  AN  EXPENDITURE OF MONEY THAT WOULD REQUIRE A TAX
LEVY AND WOULD RESULT IN THE TAX  LEVY  LIMIT  BEING  EXCEEDED  FOR  THE
CORRESPONDING  SCHOOL  YEAR  THEN  SUCH PROPOSITION SHALL BE APPROVED IF
SIXTY PERCENT OF THE VOTES CAST THEREON ARE IN THE AFFIRMATIVE.
  S 3. Section 2023 of the education law, as amended by  section  24  of
part  A  of chapter 436 of the laws of 1997, subdivision 1 as amended by
chapter 682 of the laws of 2002, subparagraphs (v) and (vi) of paragraph
b of subdivision 4 as separately amended by section 1  of  part  D-2  of
chapter  57  and  chapter 422 of the laws of 2007, subparagraph (vii) of
paragraph b of subdivision 4 as added by section 1 of part D-2 of  chap-
ter  57 of the laws of 2007, subparagraph (vii) of paragraph b of subdi-
vision 4 as added by chapter 422 of the laws of 2007 and  paragraph  b-1
of  subdivision 4 as amended by section 5 of part B of chapter 57 of the
laws of 2008, is amended to read as follows:

S. 5758--A                         12

  S 2023. Levy of tax for certain  purposes  without  vote;  contingency
budget.  1.  If the qualified voters shall neglect or refuse to vote the
sum estimated necessary for teachers' salaries, after  applying  thereto
the  public  school  moneys, and other moneys received or to be received
for  that  purpose,  or  if they shall neglect or refuse to vote the sum
estimated necessary for  ordinary  contingent  expenses,  including  the
purchase  of  library books and other instructional materials associated
with a library and expenses incurred for  interschool  athletics,  field
trips  and other extracurricular activities and the expenses for cafete-
ria or restaurant services, the sole  trustee,  board  of  trustees,  or
board  of  education  shall  adopt  a  contingency budget including such
expenses and shall levy a tax, SUBJECT TO THE RESTRICTIONS AS SET  FORTH
IN SUBDIVISION FOUR OF THIS SECTION AND SUBDIVISION EIGHT OF SECTION TWO
THOUSAND TWENTY-THREE-A OF THIS PART, for the same, in like manner as if
the  same had been voted by the qualified voters, subject to the limita-
tions contained in subdivisions three and four of this section.
  2. Notwithstanding the defeat of a  school  budget,  school  districts
shall  continue  to  transport  students  to and from the regular school
program in accordance with the mileage limitations previously adopted by
the qualified voters of the school district. Such mileage  limits  shall
change  only  when amended by a special proposition passed by a majority
of the qualified voters of the  school  district.  In  cases  where  the
school  budget  is  defeated  by  such  qualified  voters  of the school
district, appropriations for transportation  costs  for  purposes  other
than  for  transportation  to  and  from the regular school program, and
transportation that would  constitute  an  ordinary  contingent  expense
pursuant  to subdivision one of this section, shall be authorized in the
budget only after approval by the qualified voters of the district.
  3. The administrative component of  a  contingency  budget  shall  not
comprise a greater percentage of the contingency budget exclusive of the
capital  component than the lesser of (1) the percentage the administra-
tive component had comprised in the prior year budget exclusive  of  the
capital  component;  or  (2) the percentage the administrative component
had comprised in the last proposed  defeated  budget  exclusive  of  the
capital component.
  4.  a.  The  contingency  budget  shall  not  result  in a [percentage
increase in total spending over the district's total spending under  the
school district budget for the prior school year that exceeds the lesser
of:    (i) the result obtained when one hundred twenty percent is multi-
plied by the percentage increase in the consumer price index,  with  the
result rounded to two decimal places; or (ii) four percent.
  b.  The following types of expenditures shall be disregarded in deter-
mining total spending:
  (i) expenditures resulting from a tax certiorari proceeding;
  (ii) expenditures resulting from a court order or judgment against the
school district;
  (iii) emergency expenditures that are certified by the commissioner as
necessary as a result of damage to, or destruction of, a school building
or school equipment;
  (iv) capital expenditures resulting from  the  construction,  acquisi-
tion,  reconstruction,  rehabilitation  or improvement of school facili-
ties, including debt service and  lease  expenditures,  subject  to  the
approval of the qualified voters where required by law;
  (v)  expenditures  in the contingency budget attributable to projected
increases in public school enrollment, which, for the  purpose  of  this
subdivision,  may  include  increases  attributable to the enrollment of

S. 5758--A                         13

students attending a pre-kindergarten program established in  accordance
with  section  thirty-six  hundred two-e of this chapter, to be computed
based upon an increase in enrollment from the year  prior  to  the  base
year  for  which  the budget is being adopted to the base year for which
the budget is being adopted, provided that where the trustees  or  board
of education have documented evidence that a further increase in enroll-
ment  will occur during the school year for which the contingency budget
is prepared because of new construction, inception of a pre-kindergarten
program, growth or similar factors,  the  expenditures  attributable  to
such additional enrollment may also be disregarded;
  (vi)  non-recurring  expenditures  in the prior year's school district
budget; and
  (vii) expenditures for payments to charter schools pursuant to section
twenty-eight hundred fifty-six of this chapter.
  (vii) expenditures for self-supporting programs. For purposes of  this
subparagraph,  "self-supporting  programs"  shall mean any programs that
are entirely funded by private funds that cover all  the  costs  of  the
program.
  b-1.  Notwithstanding  any  other provision of this subdivision to the
contrary, in the event a state grant in aid provided to the district  in
the  prior  year  is  eliminated and incorporated into a non-categorical
general state aid in the current school year, the amount of  such  grant
may  be  included  in  the  computation  of total spending for the prior
school year, provided that the commissioner has verified that the  grant
in  aid  has  been  incorporated into such non-categorical general state
aid] TAX LEVY GREATER THAN THE TAX LEVIED FOR THE PRIOR SCHOOL YEAR.
  [c.] B. The resolution of the trustee, board of trustees, or board  of
education adopting a contingency budget shall incorporate by reference a
statement  specifying  the  projected percentage increase or decrease in
total spending for the school  year,  and  explaining  the  reasons  for
disregarding  any  portion of an increase in spending in formulating the
contingency budget.
  [d.] C. Notwithstanding any other provision of law  to  the  contrary,
the  trustees  or board of education shall not be authorized to amend or
revise a final contingency budget where such amendment or revision would
result in total spending in excess of the spending limitation  in  para-
graph  (a)  of  this subdivision; provided that the trustees or board of
education shall be authorized to add appropriations for[:
  (i) the categories of expenditures excluded from the spending  limita-
tions  set  forth  in  paragraph  (b)  of  this  subdivision, subject to
approval of the qualified voters where required by law;
  (ii) expenditures resulting from an actual increase in enrollment over
the  projected  enrollment  used  to  develop  the  contingency  budget,
provided  that  where such actual enrollment is less than such projected
enrollment, it shall be the duty of the trustees or board  of  education
to use such excess funds to reduce taxes; and
  (iii)]  the  expenditure of gifts, grants in aid for specific purposes
or for general use or insurance proceeds authorized pursuant to subdivi-
sion two of [sudivision] SECTION  seventeen  hundred  eighteen  of  this
chapter in addition to that which has been previously budgeted.
  [e. For the purposes of this subdivision:
  (i)  "Base school year" shall mean the school year immediately preced-
ing the school year for which the contingency budget is prepared.
  (ii) "Consumer price index" shall mean the percentage that  represents
the  average  of  the  national consumer price indexes determined by the

S. 5758--A                         14

United States department of labor, for the twelve month period preceding
January first of the current year.
  (iii)  "Current year" shall mean the calendar year in which the school
district budget is submitted for a vote of the qualified voters.
  (iv) "Resident public school district enrollment shall mean the  resi-
dent public school enrollment of the school district as defined in para-
graph  n  of  subdivision  one of section thirty-six hundred two of this
chapter.
  (v) "Total spending" shall mean the total  amount  appropriated  under
the school district budget for the school year.]
  S  4.  Paragraph  a  of subdivision 7 of section 1608 of the education
law, as amended by chapter 238 of the laws of 2007, is amended  to  read
as follows:
  a.  Each  year,  commencing with the proposed budget for the two thou-
sand--two thousand one school year, the trustee  or  board  of  trustees
shall prepare a property tax report card, pursuant to regulations of the
commissioner, and shall make it publicly available by transmitting it to
local  newspapers  of general circulation, appending it to copies of the
proposed budget made publicly available as required by  law,  making  it
available  for distribution at the annual meeting, and otherwise dissem-
inating it as required by  the  commissioner.  Such  report  card  shall
include: (i) the amount of total spending and total estimated school tax
levy  that  would  result  from  adoption of the proposed budget and the
percentage increase or decrease in total spending and total  school  tax
levy  from the school district budget for the preceding school year; and
(ii) THE DISTRICT'S TAX LEVY LIMIT DETERMINED PURSUANT  TO  SECTION  TWO
THOUSAND  TWENTY-THREE-A  OF  THIS  TITLE,  AND THE ESTIMATED SCHOOL TAX
LEVY, EXCLUDING ANY LEVY NECESSARY TO SUPPORT THE EXPENDITURES  PURSUANT
TO  SUBPARAGRAPHS  (I) THROUGH (IV) OF PARAGRAPH I OF SUBDIVISION TWO OF
SECTION TWO THOUSAND TWENTY-THREE-A OF THIS  TITLE,  THAT  WOULD  RESULT
FROM ADOPTION OF THE PROPOSED BUDGET; AND (III) the projected enrollment
growth  for  the  school  year for which the budget is prepared, and the
percentage change in enrollment from the previous year; and [(iii)] (IV)
the percentage increase in the consumer price index, as defined in para-
graph c of this subdivision; and [(iv)] (V) the projected amount of  the
unappropriated  unreserved  fund  balance  that  will be retained if the
proposed budget is adopted, the projected amount of  the  reserved  fund
balance,  the  projected  amount  of  the appropriated fund balance, the
percentage of the proposed budget  that  the  unappropriated  unreserved
fund  balance  represents,  the  actual  unappropriated  unreserved fund
balance retained in the school district budget for the preceding  school
year, and the percentage of the school district budget for the preceding
school  year  that  the  actual  unappropriated  unreserved fund balance
represents.
  S 5. Paragraph a of subdivision 7 of section  1716  of  the  education
law,  as  amended by chapter 238 of the laws of 2007, is amended to read
as follows:
  a. Each year, commencing with the proposed budget for  the  two  thou-
sand--two thousand one school year, the board of education shall prepare
a property tax report card, pursuant to regulations of the commissioner,
and shall make it publicly available by transmitting it to local newspa-
pers  of  general  circulation,  appending  it to copies of the proposed
budget made publicly available as required by law, making  it  available
for  distribution  at the annual meeting, and otherwise disseminating it
as required by the commissioner. Such report card shall include: (i) the
amount of total spending and total estimated school tax levy that  would

S. 5758--A                         15

result  from adoption of the proposed budget and the percentage increase
or decrease in total spending and total school tax levy from the  school
district  budget  for the preceding school year; and (ii) THE DISTRICT'S
TAX   LEVY   LIMIT   DETERMINED   PURSUANT   TO   SECTION  TWO  THOUSAND
TWENTY-THREE-A OF THIS TITLE, AND THE ESTIMATED SCHOOL TAX LEVY, EXCLUD-
ING ANY LEVY NECESSARY TO SUPPORT THE EXPENDITURES PURSUANT TO  SUBPARA-
GRAPHS (I) THROUGH (IV) OF PARAGRAPH I OF SUBDIVISION TWO OF SECTION TWO
THOUSAND  TWENTY-THREE-A  OF THIS TITLE, THAT WOULD RESULT FROM ADOPTION
OF THE PROPOSED BUDGET; AND (III) the projected  enrollment  growth  for
the  school  year  for  which the budget is prepared, and the percentage
change in enrollment from  the  previous  year;  and  [(iii)]  (IV)  the
percentage increase in the consumer price index, as defined in paragraph
c  of this subdivision; and [(iv)] (V) the projected amount of the unap-
propriated unreserved fund balance that will be retained if the proposed
budget is adopted, the projected amount of the  reserved  fund  balance,
the projected amount of the appropriated fund balance, the percentage of
the  proposed  budget  that  the  unappropriated unreserved fund balance
represents, the actual unappropriated unreserved fund  balance  retained
in  the  school  district  budget for the preceding school year, and the
percentage of the school district budget for the preceding  school  year
that the actual unappropriated unreserved fund balance represents.
  S  6.  Section  2008  of  the education law is amended by adding a new
subdivision 3 to read as follows:
  3. NOTWITHSTANDING ANY OTHER PROVISION OF LAW  TO  THE  CONTRARY,  ANY
PROPOSITION  SUBMITTED  BY  THE  VOTERS THAT REQUIRES THE EXPENDITURE OF
MONEY SHALL BE SUBJECT TO THE REQUIREMENTS SET FORTH IN SUBDIVISION NINE
OF SECTION TWO THOUSAND TWENTY-THREE-A OF THIS PART.
  S 7. Section 2022 of the education law, as amended by  section  23  of
part  A  of  chapter  436  of  the laws of 1997, subdivisions 1 and 3 as
amended by section 8 of part C of chapter 58 of the laws of 1998, subdi-
vision 2-a as amended by section 3 of part A of chapter 60 of  the  laws
of  2000, paragraph b of subdivision 2-a as amended by section 5 of part
W of chapter 57 of the laws of 2008, subdivision 4 as amended by section
7 of part M of chapter 57 of the laws of 2005 and subdivision 6 as added
by chapter 61 of the laws of 2003, is amended to read as follows:
  S 2022. Vote on school district budgets and on the election of  school
district trustees and board of education members. 1. Notwithstanding any
law,  rule  or  regulation  to the contrary, the election of trustees or
members of the board of education, and the vote upon  the  appropriation
of the necessary funds to meet the estimated expenditures, in any common
school  district, union free school district, central school district or
central high school district shall be held at  the  annual  meeting  and
election  on  the  third  Tuesday  in  May, provided, however, that such
election shall be held on the second Tuesday in May if the  commissioner
at  the  request  of  a local school board certifies no later than March
first that such election  would  conflict  with  religious  observances.
[When  such  election or vote is taken by recording the ayes and noes of
the qualified voters attending, a majority of the qualified voters pres-
ent and voting, by a hand or voice vote, may determine to  take  up  the
question  of  voting  the necessary funds to meet the estimated expendi-
tures for a specific item separately, and the qualified  voters  present
and  voting  may  increase  the  amount of any estimated expenditures or
reduce the same, except for teachers' salaries, and the ordinary contin-
gent expenses of the schools.] The sole trustee, board  of  trustees  or
board  of education of every common, union free, central or central high
school district and every city school district  to  which  this  article

S. 5758--A                         16

applies  shall  hold  a budget hearing not less than seven nor more than
fourteen days prior to  the  annual  meeting  and  election  or  special
district  meeting  at  which  a school budget vote will occur, and shall
prepare  and  present  to  the  voters at such budget hearing a proposed
school district budget for the ensuing school year.
  2. Except as provided in subdivision four of this section, nothing  in
this section shall preclude the trustees or board of education, in their
discretion,  from  submitting  additional  items  of  expenditure to the
voters for approval as separate propositions or the voters from  submit-
ting  propositions pursuant to [section] SECTIONS two thousand eight and
two thousand thirty-five of this [article] PART; PROVIDED  HOWEVER  THAT
SUCH  PROPOSITIONS  SHALL  BE  SUBJECT  TO THE REQUIREMENTS SET FORTH IN
SUBDIVISION NINE OF SECTION TWO THOUSAND TWENTY-THREE-A OF THIS PART.
  2-a. Every common, union free, central, central high  school  district
and  city  school  district  to  which this article applies shall mail a
school budget notice to all qualified  voters  of  the  school  district
after  the  date of the budget hearing, but no later than six days prior
to the annual meeting and election or special district meeting at  which
a  school budget vote will occur. The school budget notice shall compare
the percentage increase or decrease in total spending under the proposed
budget over total spending under the school district budget adopted  for
the current school year, with the percentage increase or decrease in the
consumer  price  index,  from  January first of the prior school year to
January first of the current school year, and  shall  also  include  the
information  required  by  paragraphs  a  and b of this subdivision. The
notice shall also set forth the date, time and place of the school budg-
et vote, in the same manner as in the  notice  of  annual  meeting,  AND
SHALL ALSO INCLUDE THE DISTRICT'S TAX LEVY LIMIT PURSUANT TO SECTION TWO
THOUSAND TWENTY-THREE-A OF THIS PART, AND THE ESTIMATED SCHOOL TAX LEVY,
EXCLUDING  ANY  LEVY  NECESSARY  TO SUPPORT THE EXPENDITURES PURSUANT TO
SUBPARAGRAPHS (I) THROUGH (IV) OF PARAGRAPH  I  OF  SUBDIVISION  TWO  OF
SECTION TWO THOUSAND TWENTY-THREE-A OF THIS PART, THAT WOULD RESULT FROM
ADOPTION  OF  THE  PROPOSED  BUDGET.  Such  notice  shall  be  in a form
prescribed by the commissioner.
  a. Commencing with the proposed budget for the two  thousand  one--two
thousand  two  school year, such notice shall also include a description
of how total spending and the tax levy resulting from the proposed budg-
et would compare with a projected contingency budget adopted pursuant to
section two thousand twenty-three of this article,  assuming  that  such
contingency  budget  is  adopted  on  the  same  day  as the vote on the
proposed budget. Such comparison shall be  in  total  and  by  component
(program,  capital and administrative), and shall include a statement of
the assumptions made in estimating the projected contingency budget.
  b. Commencing with the proposed budget for the two thousand eight--two
thousand nine school year, such notice shall also include, in  a  format
prescribed  by  the  commissioner,  an  estimate of the tax savings that
would be available to an eligible homeowner under the basic  school  tax
relief  (STAR)  exemption authorized by section four hundred twenty-five
of the real property tax law if the proposed budget were  adopted.  Such
estimate  shall be made in the manner prescribed by the commissioner, in
consultation with the office of real property services.
  3. In all elections for trustees or members of boards of education  or
votes  involving  the  expenditure  of money, or authorizing the levy of
taxes, the vote thereon shall be by ballot, or, in school districts that
prior to nineteen hundred ninety-eight conducted their vote at the annu-

S. 5758--A                         17

al meeting, may be ascertained by taking and recording the ayes and noes
of such qualified voters attending and voting at such district meetings.
  4.  THE  BUDGET ADOPTION PROCESS SHALL CONFORM TO THE REQUIREMENTS SET
FORTH IN SECTION TWO THOUSAND TWENTY-THREE-A OF THIS PART. In the  event
that  the  original  proposed  budget is not approved by the voters, the
sole trustee, trustees or board of education may adopt  a  final  budget
pursuant  to  subdivision five of this section or resubmit to the voters
the original or a  revised  budget  pursuant  to  subdivision  three  of
section  two thousand seven of this part. Upon one defeat of such resub-
mitted budget, the sole trustee, trustees or board  of  education  shall
adopt  a  final  budget  pursuant  to  subdivision five of this section.
Notwithstanding any other provision of law to the contrary,  the  school
district  budget  for any school year, or any part of such budget or any
propositions involving the expenditure of money  for  such  school  year
shall  not  be  submitted  for  a vote of the qualified voters more than
twice.
  5. If the  qualified  voters  fail  to  approve  the  proposed  school
district  budget upon resubmission or upon a determination not to resub-
mit for a second vote pursuant to subdivision four of this section,  the
sole trustee, trustees or board of education, after applying thereto the
public  school  moneys  and  other moneys received or to be received for
that purpose, shall levy a tax for the sum necessary for teachers' sala-
ries and other ordinary  contingent  expenses  in  accordance  with  the
provisions of this subdivision and [section] SECTIONS two thousand twen-
ty-three AND TWO THOUSAND TWENTY-THREE-A of this article.
  6. Notwithstanding the provisions of subdivision four of section eigh-
teen  hundred  four and subdivision five of section nineteen hundred six
of this title, subdivision one of section two thousand two of this arti-
cle, subdivision one of this section, subdivision two of  section  twen-
ty-six hundred one-a of this title and any other provision of law to the
contrary,  the  annual  district  meeting  and election of every common,
union free, central and central high  school  district  and  the  annual
meeting  of  every city school district in a city having a population of
less than one hundred twenty-five thousand inhabitants that is scheduled
to be held on the third Tuesday of May, two  thousand  three  is  hereby
adjourned until the first Tuesday in June, two thousand three. The trus-
tees  or  board  of education of each such school district shall provide
notice of such adjourned meeting to the qualified voters in  the  manner
prescribed  for  notice  of  the  annual  meeting, and such notice shall
provide for an adjourned budget hearing. The adjourned district  meeting
or  district  meeting and election shall be deemed the annual meeting or
annual meeting and election of the district for all purposes under  this
title  and  the date of the adjourned meeting shall be deemed the state-
wide uniform voting day for all purposes under  this  title.    Notwith-
standing  the provisions of subdivision seven of section sixteen hundred
eight or subdivision seven of section seventeen hundred sixteen of  this
title or any other provision of law, rule or regulation to the contrary,
in two thousand three the property tax report card shall be submitted to
the  department  no  later  than  twenty  days  prior to the date of the
adjourned meeting and the department shall make its  compilation  avail-
able electronically at least seven days prior to such date.
  S  8.    Section  2035 of the education law is amended by adding a new
subdivision 3 to read as follows:
  3. ANY PROPOSITION SUBMITTED PURSUANT TO THIS SECTION SHALL BE SUBJECT
TO THE REQUIREMENTS SET FORTH IN SUBDIVISION NINE OF SECTION  TWO  THOU-
SAND TWENTY-THREE-A OF THIS PART.

S. 5758--A                         18

  S  9.  Section 2601-a of the education law, as added by chapter 171 of
the laws of 1996, subdivision 2 as amended by section 6 and  subdivision
4  as  amended by section 8 of part M of chapter 57 of the laws of 2005,
subdivision 3 as amended by chapter 640 of the laws of 2008, subdivision
5 as amended by section 29 of part A of chapter 436 of the laws of 1997,
subdivision  6  as  amended and subdivision 7 as added by chapter 474 of
the laws of 1996, is amended to read as follows:
  S 2601-a. Procedures for adoption of  school  budgets  in  small  city
school districts. 1. The board of education of each city school district
subject to this article shall provide for the submission of a budget for
approval of the voters pursuant to the provisions of this section AND IN
ACCORDANCE WITH THE REQUIREMENTS SET FORTH IN SECTION TWO THOUSAND TWEN-
TY-THREE-A OF THIS TITLE.
  2.  The board of education shall conduct all annual and special school
district meetings for the purpose of adopting a school  district  budget
in  the  same  manner as a union free school district in accordance with
the provisions of article forty-one of this title, except  as  otherwise
provided  by  this section. The annual meeting and election of each such
city school district shall be held on the third Tuesday of May  in  each
year,  provided,  however that such annual meeting and election shall be
held on the second Tuesday in May if the commissioner at the request  of
a  local  school  board  certifies  no  later than March first that such
election would conflict with religious observances, and any school budg-
et revote shall be held on the date and in the same manner specified  in
subdivision  three  of  section  two  thousand  seven of this title. The
provisions of this article, and where applicable subdivisions  nine  and
nine-a  of  section twenty-five hundred two of this title, governing the
qualification and registration of voters, and procedures for  the  nomi-
nation  and election of members of the board of education shall continue
to apply, and shall govern the qualification and registration of  voters
and  voting procedures with respect to the adoption of a school district
budget.
  3.  The board of education shall prepare a  proposed  school  district
budget for the ensuing year in accordance with the provisions of section
seventeen  hundred  sixteen  of  this  chapter, including all provisions
relating to required notices and appendices to the statement of expendi-
tures. No board of education shall incur  a  school  district  liability
except  as  authorized  by  the  provisions of section seventeen hundred
eighteen of this chapter. Such proposed budget  shall  be  presented  in
three components: a program component, a capital component and an admin-
istrative  component  which shall be separately delineated in accordance
with regulations of  the  commissioner  after  consultation  with  local
school  district  officials. The administrative component shall include,
but need not be limited to, office and central administrative  expenses,
traveling  expenses  and  all compensation, salaries and benefits of all
school administrators and supervisors,  including  business  administra-
tors,  superintendents  of  schools  and deputy, assistant, associate or
other superintendents under all existing employment contracts or collec-
tive bargaining agreements, any and all expenditures associated with the
operation of the board of education, the office of the superintendent of
schools, general administration, the school business office,  consulting
costs  not  directly  related  to  direct student services and programs,
planning and all other administrative activities.  The program component
shall include, but need not be limited to, all program  expenditures  of
the school district, including the salaries and benefits of teachers and
any  school  administrators or supervisors who spend a majority of their

S. 5758--A                         19

time  performing  teaching  duties,  and  all  transportation  operating
expenses.  The  capital component shall include, but need not be limited
to, all transportation capital, debt service,  and  lease  expenditures;
costs  resulting  from  judgments  in  tax certiorari proceedings or the
payment of awards from court judgments, administrative orders or settled
or compromised claims; and all facilities costs of the school  district,
including  facilities  lease  expenditures,  the annual debt service and
total debt for all facilities financed by bonds and notes of the  school
district,  and  the  costs of construction, acquisition, reconstruction,
rehabilitation or improvement of school buildings,  provided  that  such
budget  shall  include a rental, operations and maintenance section that
includes base rent costs, total rent costs,  operation  and  maintenance
charges,  cost  per  square  foot for each facility leased by the school
district, and any and all expenditures associated with  custodial  sala-
ries  and  benefits, service contracts, supplies, utilities, and mainte-
nance and repairs of school facilities. For the purposes of the develop-
ment of a budget for  the  nineteen  hundred  ninety-seven--ninety-eight
school  year, the board of education shall separate its program, capital
and administrative costs for the  nineteen  hundred  ninety-six--ninety-
seven  school year in the manner as if the budget for such year had been
presented in three components. Except as provided in subdivision four of
this section, nothing in this section shall preclude the board,  in  its
discretion,  from  submitting  additional  items  of  expenditure to the
voters for approval as separate propositions or the voters from  submit-
ting  propositions pursuant to sections two thousand eight and two thou-
sand thirty-five of this chapter SUBJECT TO THE REQUIREMENTS  SET  FORTH
IN SUBDIVISION NINE OF SECTION TWO THOUSAND TWENTY-THREE-A OF THIS PART.
  4.   THE BUDGET ADOPTION PROCESS SHALL CONFORM TO THE REQUIREMENTS SET
FORTH IN SECTION TWO THOUSAND TWENTY-THREE-A OF THIS TITLE. In the event
the qualified voters of the district reject the budget proposed pursuant
to subdivision three of this section,  the  board  may  propose  to  the
voters  a  revised  budget  pursuant to subdivision three of section two
thousand seven of this title or may adopt a contingency budget  pursuant
to  subdivision five of this section and subdivision five of section two
thousand twenty-two of this title.  The school district budget  for  any
school  year,  or  any part of such budget or any propositions involving
the expenditure of money for such school year shall not be submitted for
a vote of the qualified voters more than twice. In the event the  quali-
fied  voters  reject  the  resubmitted  budget,  the board shall adopt a
contingency budget in accordance with subdivision five of  this  section
and  subdivision  five  of  such section two thousand twenty-two of this
title.
  5. If the qualified voters fail or refuse to vote the sum estimated to
be necessary  for  teachers'  salaries  and  other  ordinary  contingent
expenses,  the board shall adopt a contingency budget in accordance with
this subdivision and shall levy a tax  for  that  portion  of  such  sum
remaining  after  applying thereto the moneys received or to be received
from state, federal or other sources, in the same manner as if the budg-
et had been approved by the qualified voters; subject to the limitations
imposed in subdivision four of section two thousand twenty-three of this
chapter, SUBDIVISION EIGHT OF SECTION  TWO  THOUSAND  TWENTY-THREE-A  OF
THIS  TITLE and this subdivision. The administrative component shall not
comprise a greater percentage of the contingency budget exclusive of the
capital component than the lesser of (1) the percentage the  administra-
tive  component  had comprised in the prior year budget exclusive of the
capital component; or (2) the percentage  the  administrative  component

S. 5758--A                         20

had  comprised  in  the  last  proposed defeated budget exclusive of the
capital component. Such contingency budget shall include the sum  deter-
mined by the board to be necessary for:
  (a)  teachers'  salaries, including the salaries of all members of the
teaching and supervising staff;
  (b) items of expense specifically authorized by statute to be incurred
by the board of education, including, but not limited  to,  expenditures
for transportation to and from regular school programs included as ordi-
nary  contingent  expenses  in subdivision twelve of section twenty-five
hundred three of this  chapter,  expenditures  for  textbooks,  required
services for non-public school students, school health services, special
education  services,  kindergarten  and nursery school programs, and the
district's share of the  administrative  costs  and  costs  of  services
provided by a board of cooperative educational services;
  (c) items of expense for legal obligations of the district, including,
but  not limited to, contractual obligations, debt service, court orders
or judgments, orders of administrative bodies or officers, and standards
and requirements of the board of regents and the commissioner that  have
the force and effect of law;
  (d)  the  purchase  of library books and other instructional materials
associated with a library;
  (e) items of expense necessary to maintain the educational programs of
the district, preserve the property  of  the  district  or  protect  the
health  and safety of students and staff, including, but not limited to,
support services, pupil personnel services, the necessary  salaries  for
the   necessary   number  of  non-teaching  employees,  necessary  legal
expenses, water and utility charges, instructional supplies  for  teach-
ers'  use,  emergency  repairs,  temporary rental of essential classroom
facilities, and expenditures necessary to advise school district  voters
concerning school matters; and
  (f) expenses incurred for interschool athletics, field trips and other
extracurricular activities; and
  (g)  any other item of expense determined by the commissioner to be an
ordinary contingent expense in any school district.
  6. The commissioner shall determine appeals raising  questions  as  to
what  items  of expenditure are ordinary contingent expenses pursuant to
subdivision five of this section in accordance with section two thousand
twenty-four and three hundred ten of this chapter.
  7. Each year, the board of education shall prepare a  school  district
report card, pursuant to regulations of the commissioner, and shall make
it  publicly available by transmitting it to local newspapers of general
circulation, appending it to copies of the proposed budget made publicly
available as required by law, making it available  for  distribution  at
the  annual  meeting,  and otherwise disseminating it as required by the
commissioner. Such report card shall include measures  of  the  academic
performance  of  the  school  district, on a school by school basis, and
measures of the fiscal performance of the district, as prescribed by the
commissioner. Pursuant to regulations of the  commissioner,  the  report
card  shall  also  compare  these measures to statewide averages for all
public schools, and statewide averages for public schools of  comparable
wealth  and  need, developed by the commissioner. Such report card shall
include, at a minimum, any information on the school district  regarding
pupil  performance  and expenditure per pupil required to be included in
the annual report by the regents to the  governor  and  the  legislature
pursuant to section two hundred fifteen-a of this chapter; and any other
information  required  by the commissioner. School districts (i) identi-

S. 5758--A                         21

fied as having fifteen percent or more  of  their  students  in  special
education,  or  (ii)  which have fifty percent or more of their students
with disabilities  in  special  education  programs  or  services  sixty
percent  or  more  of the school day in a general education building, or
(iii) which have eight percent or more of their students with  disabili-
ties  in special education programs in public or private separate educa-
tional settings shall indicate on  their  school  district  report  card
their respective percentages as defined in this paragraph and paragraphs
(i) and (ii) of this subdivision as compared to the statewide average.
  S  10. Paragraph b-1 of subdivision 4 of section 3602 of the education
law, as amended by section 26 of part A of chapter 58  of  the  laws  of
2011, is amended to read as follows:
  b-1.  Notwithstanding  any other provision of law to the contrary, for
the two thousand seven--two thousand eight  [through]  school  year  and
thereafter, the additional amount payable to each school district pursu-
ant  to  this  subdivision  in the current year as total foundation aid,
after deducting the total foundation aid base, shall be deemed  a  state
grant in aid identified by the commissioner for general use for purposes
of [sections] SECTION seventeen hundred eighteen [and two thousand twen-
ty-three] of this chapter.
  S  11.  Paragraph  a of subdivision 1 of section 3635 of the education
law, as amended by chapter 69 of the laws of 1992, is amended to read as
follows:
  a. Sufficient transportation facilities (including the  operation  and
maintenance  of motor vehicles) shall be provided by the school district
for all the children residing within the school district to and from the
school they legally attend, who  are  in  need  of  such  transportation
because  of  the  remoteness  of  the  school  to  the  child or for the
promotion of the best interest of such children.    Such  transportation
shall be provided for all children attending grades kindergarten through
eight  who  live  more than two miles from the school which they legally
attend and for all children attending grades  nine  through  twelve  who
live more than three miles from the school which they legally attend and
shall be provided for each such child up to a distance of fifteen miles,
the distances in each case being measured by the nearest available route
from  home  to school. The cost of providing such transportation between
two or three miles, as the case may  be,  and  fifteen  miles  shall  be
considered  for  the  purposes  of  this chapter to be a charge upon the
district and an ordinary contingent expense of the district. Transporta-
tion for a lesser distance than  two  miles  in  the  case  of  children
attending  grades  kindergarten through eight or three miles in the case
of children attending grades nine  through  twelve  and  for  a  greater
distance  than  fifteen  miles  may be provided by the district WITH THE
APPROVAL OF THE QUALIFIED VOTERS, and, if  provided,  shall  be  offered
equally  to all children in like circumstances residing in the district;
provided, however, that this requirement shall not apply to  transporta-
tion  offered  pursuant  to  section thirty-six hundred thirty-five-b of
this article.
  S 12. Nothing contained in this act shall  impair  or  invalidate  the
powers  or  duties,  as  authorized  by law, of a control board, interim
finance authority or fiscal stability authority including such powers or
duties that may require the tax levy limit, as that term is  defined  in
section one or section two of this act, to be exceeded.
  S  13. This act shall take effect immediately; provided, however, that
sections two through eleven of this act shall take effect July  1,  2011
and shall first apply to school district budgets and the budget adoption

S. 5758--A                         22

process  for  the 2012-13 school year; provided further, that if section
26 of part A of chapter 58 of the laws of  2011  shall  not  have  taken
effect  on  or  before such date then section ten of this act shall take
effect  on  the  same date and in the same manner as such chapter of the
laws of 2011, takes effect; provided further, that section one  of  this
act  shall first apply to the levy of taxes by local governments for the
fiscal year that begins in 2012.

                                 PART B

  Section 1. The general municipal law is amended by adding a new  arti-
cle 19-C to read as follows:
                               ARTICLE 19-C
                             MANDATE RELIEF
SECTION 991. SHORT TITLE.
        992. LEGISLATIVE FINDINGS AND DETERMINATIONS.
        993. NEW YORK STATE MANDATE RELIEF COUNCIL.
        993-A. POWERS AND DUTIES OF THE COUNCIL.
        993-B. ASSISTANCE OF OTHER AGENCIES.
        994. DETERMINATION OF UNFUNDED MANDATE.
        994-A. REQUEST BY A CITY, TOWN, VILLAGE OR COUNTY GOVERNMENT.
        994-B. REQUEST BY A SCHOOL DISTRICT.
        994-C. REQUEST  BY  A  FIRE  DISTRICT,  WATER  DISTRICT OR OTHER
                 SPECIAL DISTRICT.
        994-D. NEW REGULATIONS PROPOSED BY STATE GOVERNMENT.
        995. CONSIDERATION  OF  THE  ISSUE  OF  REPEAL  OF  AN  UNFUNDED
              MANDATE.
        995-A. REPEAL  OF  UNFUNDED  MANDATES CONTAINED IN CURRENT REGU-
                 LATIONS.
        995-B. REPEAL OF UNFUNDED MANDATES CONTAINED IN PROPOSED OR  NEW
                 REGULATIONS.
        995-C. REPEAL OF UNFUNDED MANDATES CONTAINED IN STATUTE.
        996. REPORTS  AND  RECOMMENDATIONS OF THE NEW YORK STATE MANDATE
               RELIEF COUNCIL.
        997. COMPTROLLER REPORT OF UNFUNDED MANDATES.
        998. FISCAL NOTES FOR BILLS ENACTING MANDATES UPON LOCAL GOVERN-
               MENTS.
        999. SEVERABILITY.
  S 991. SHORT TITLE. THIS ARTICLE SHALL BE KNOWN AND MAY  BE  CITED  AS
THE "NEW YORK STATE MANDATE RELIEF ACT".
  S 992. LEGISLATIVE FINDINGS AND DETERMINATIONS. THE LEGISLATURE HEREBY
FINDS  AND  DETERMINES  THAT  UNFUNDED MANDATES ESTABLISHED BY THE STATE
UPON ITS LOCAL GOVERNMENTS, SCHOOL DISTRICTS, AND FIRE DISTRICTS,  PRES-
ENT  A TREMENDOUS FINANCIAL BURDEN UPON THESE LOCALITIES, AS WELL AS THE
PEOPLE OF THE STATE OF NEW YORK.
  THE LEGISLATURE HEREBY FURTHER FINDS AND DETERMINES THAT THE  COST  OF
THESE UNFUNDED MANDATES HAS SERIOUSLY CONTRIBUTED TO THE FINANCIAL CHAL-
LENGES OF THESE LOCAL GOVERNMENTS, SCHOOL DISTRICTS, AND FIRE DISTRICTS,
AND  HAVE COST THE TAXPAYERS OF THE STATE OF NEW YORK AN ENORMOUS BURDEN
IN REAL PROPERTY TAXES, AS WELL AS LIMITING THE ABILITY OF  THESE  LOCAL
GOVERNMENTS,  SCHOOL  DISTRICTS,  AND  FIRE  DISTRICTS TO ENACT MEASURES
WHICH WOULD SAVE BOTH TAXPAYER  DOLLARS  AND  RESPONSIVELY  PROVIDE  FOR
IMPROVED COMMUNITY SERVICES.
  THE LEGISLATURE HEREBY ADDITIONALLY FINDS AND DETERMINES THAT THERE IS
A  PRESSING NEED TO DEVELOP COMPREHENSIVE LEGISLATIVE AND ADMINISTRATIVE
CHANGES TO END UNFUNDED MANDATES AND ACCOMPLISH MANDATE RELIEF, AND THAT

S. 5758--A                         23

IMPORTANT MANDATE RELIEF MEASURES ARE IMMEDIATELY NECESSARY IN ORDER  TO
ACCOMPLISH  THIS  GOAL.  THAT IS THE GOAL OF THIS LEGISLATION, IN ESTAB-
LISHING THE COUNCIL ON MANDATE RELIEF, TO CREATE AN EFFECTIVE  MECHANISM
TO  ELIMINATE  UNFUNDED  MANDATES, AND TO BEGIN TO RELIEVE LOCAL GOVERN-
MENTS, SCHOOL DISTRICTS, AND FIRE  DISTRICTS,  AND  THE  TAXPAYERS  THEY
REPRESENT,  OF  THE  CRUSHING  BURDEN THAT REAL PROPERTY TAXES CURRENTLY
PLACE UPON ALL NEW YORKERS.
  S 993. NEW YORK STATE MANDATE RELIEF COUNCIL.  THERE SHALL BE A  COUN-
CIL  OF  MANDATE  RELIEF, WHICH SHALL BE INDEPENDENT OF THE LEGISLATIVE,
EXECUTIVE AND JUDICIAL BRANCHES OF STATE GOVERNMENT. THE  COUNCIL  SHALL
CONSIST  OF  ELEVEN  MEMBERS  APPOINTED BY THE GOVERNOR, UPON ADVICE AND
CONSENT OF THE SENATE, AS FOLLOWS:
  1. FIVE MEMBERS UPON NOMINATION OF THE GOVERNOR;
  2. TWO MEMBERS UPON NOMINATION  OF  THE  TEMPORARY  PRESIDENT  OF  THE
SENATE;
  3. TWO MEMBERS UPON NOMINATION OF THE SPEAKER OF THE ASSEMBLY;
  4.  ONE  MEMBER  UPON NOMINATION OF THE MINORITY LEADER OF THE SENATE;
AND
  5. ONE MEMBER UPON NOMINATION OF THE MINORITY LEADER OF THE ASSEMBLY.
  OF THE MEMBERS APPOINTED UPON NOMINATION OF THE GOVERNOR, NO MORE THAN
TWO SHALL BE APPOINTED FROM THE SAME POLITICAL PARTY. THE TERM OF OFFICE
OF THE MEMBERS OF THE COUNCIL SHALL BE  FIVE  YEARS.  VACANCIES  IN  THE
COUNCIL  OCCURRING OTHERWISE THAN BY EXPIRATION OF TERM, SHALL BE FILLED
FOR THE UNEXPIRED TERM IN THE SAME MANNER AS THEIR ORIGINAL APPOINTMENT.
THE COUNCIL SHALL ELECT A CHAIR AND VICE-CHAIR FROM AMONG  ITS  MEMBERS.
THE  CHAIR  SHALL  BE  THE  EXECUTIVE OFFICER OF THE COUNCIL. THE CHAIR,
WITHIN BUDGET APPROPRIATIONS  THEREFORE,  MAY  APPOINT  SUCH  EMPLOYEES,
PRESCRIBE THEIR DUTIES, AND FIX THEIR COMPENSATION, AS NECESSARY FOR THE
SUCCESSFUL  OPERATION  OF  THE  COUNCIL.  NO MEMBER OF THE COUNCIL SHALL
RECEIVE A SALARY, BUT MAY BE REIMBURSED FOR THEIR NECESSARY AND  REASON-
ABLE EXPENSES.  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 SHALL ASSIGN ONE STAFF MEMBER FROM THEIR
RESPECTIVE STAFFS FOR EACH NOMINATION THEY MAKE TO THE COUNCIL TO  SERVE
AS STAFF AND TO PROVIDE SUPPORT SERVICES TO THE COUNCIL.
  S 993-A.  POWERS AND DUTIES OF THE COUNCIL. THE COUNCIL SHALL HAVE THE
FOLLOWING POWERS AND DUTIES:
  1.  TO  MAKE  A DETERMINATION, UPON A REVIEW, PURSUANT TO SECTION NINE
HUNDRED NINETY-FOUR OF THIS ARTICLE, AS  TO  WHETHER  A  STATUTE,  REGU-
LATION,  RULE  OR  ORDER  IDENTIFIED  IN  THE RESOLUTION, CONSTITUTES AN
UNFUNDED MANDATE;
  2. TO REPEAL A REGULATION, RULE, OR ORDER,  DETERMINED,  ACCORDING  TO
SECTION  NINE  HUNDRED  NINETY-FOUR  OF  THIS ARTICLE, TO BE AN UNFUNDED
MANDATE, PURSUANT TO SECTION  NINE  HUNDRED  NINETY-FIVE,  SECTION  NINE
HUNDRED  NINETY-FIVE-A AND/OR SECTION NINE HUNDRED NINETY-FIVE-B OF THIS
ARTICLE;
  3. TO RECOMMEND TO THE STATE LEGISLATURE TO REPEAL A  STATUTE,  DETER-
MINED  ACCORDING  TO SECTION NINE HUNDRED NINETY-FOUR OF THIS ARTICLE TO
BE AN UNFUNDED MANDATE, PURSUANT TO SECTION NINE HUNDRED NINETY-FIVE AND
SECTION NINE HUNDRED NINETY-FIVE-C OF THIS ARTICLE;
  4. TO ISSUE REPORTS AND RECOMMENDATIONS TO THE GOVERNOR AND MEMBERS OF
THE LEGISLATURE REGARDING  MANDATE  RELIEF,  PURSUANT  TO  SECTION  NINE
HUNDRED NINETY-SIX OF THIS ARTICLE;
  5. TO MEET AS A PUBLIC BODY NOT LESS THAN TWICE A MONTH FOR THE ACCOM-
PLISHMENT OF THE PURPOSES AND PROVISIONS OF THIS ARTICLE;

S. 5758--A                         24

  6.  TO  ESTABLISH  RULES,  REGULATIONS  AND PROCEDURES AS NECESSARY TO
ACCOMPLISH THE PURPOSES AND PROVISIONS OF THIS ARTICLE;
  7. TO ENTER INTO CONTRACTS, WITHIN AMOUNTS APPROPRIATED THEREFOR, WITH
INDIVIDUALS, PARTNERSHIPS, CORPORATIONS OR ORGANIZATIONS AS NECESSARY TO
ACCOMPLISH THE PURPOSES AND PROVISIONS OF THIS ARTICLE;
  8. TO MAKE AND SIGN ANY AGREEMENTS, AND TO DO AND TO PERFORM ANY ACTS,
THAT  MAY BE NECESSARY, DESIRABLE OR PROPER TO CARRY OUT THE PURPOSES OF
THIS ARTICLE;
  9. TO MAINTAIN AN OFFICIAL RECORD OF ITS MEETINGS, DISCUSSIONS, DELIB-
ERATIONS AND DETERMINATIONS;
  10. TO MAINTAIN AN  OFFICIAL  WEBSITE  AND  EMAIL  ADDRESSES  FOR  ITS
MEMBERS;
  11.  TO ACCEPT GIFTS, CONTRIBUTIONS AND BEQUESTS OF UNRESTRICTED FUNDS
FROM INDIVIDUALS, PARTNERSHIPS, CORPORATIONS OR ORGANIZATIONS AS  NECES-
SARY TO ACCOMPLISH THE PURPOSES AND PROVISIONS OF THIS ARTICLE; AND
  12.  TO EXERCISE AND PERFORM SUCH OTHER POWERS AND DUTIES AS NECESSARY
TO ACCOMPLISH THE PURPOSES AND PROVISIONS OF THIS ARTICLE.
  S 993-B.  ASSISTANCE OF OTHER AGENCIES. TO EFFECTUATE THE PURPOSES  OF
THIS  ARTICLE,  THE  COUNCIL  MAY  REQUEST  FROM  ANY DEPARTMENT, BOARD,
BUREAU, COMMISSION OR OTHER AGENCY  OF  THE  STATE,  AND  THE  SAME  ARE
AUTHORIZED TO PROVIDE, SUCH ASSISTANCE, SERVICES AND DATA AS WILL ENABLE
THE  COUNCIL  PROPERLY TO CARRY OUT ITS POWERS AND DUTIES AS PROVIDED IN
SUBDIVISION TWO OF THIS SECTION.
  S 994.  DETERMINATION OF UNFUNDED MANDATE. 1. UPON THE REQUEST OF  THE
GOVERNING  BODY  OF A CITY, TOWN, VILLAGE OR COUNTY GOVERNMENT, PURSUANT
TO SECTION NINE HUNDRED NINETY-FOUR-A OF THIS ARTICLE, OR UPON A REQUEST
OF A SCHOOL DISTRICT, PURSUANT TO SECTION NINE HUNDRED NINETY-FOUR-B  OF
THIS  ARTICLE,  OR  UPON A REQUEST OF A FIRE DISTRICT, WATER DISTRICT OR
OTHER SPECIAL DISTRICT PURSUANT TO SECTION NINE HUNDRED NINETY-FOUR-C OF
THIS ARTICLE, THE COUNCIL SHALL MAKE A DETERMINATION  AS  TO  WHETHER  A
STATUTE, REGULATION, RULE OR ORDER IS AN UNFUNDED MANDATE.
  2.  UPON  THE  SUBMISSION OF A DEPARTMENT, DIVISION, OFFICE, BUREAU OR
OTHER AGENCY OF STATE GOVERNMENT, PURSUANT TO SECTION NINE HUNDRED NINE-
TY-FOUR-D OF THIS ARTICLE, THE COUNCIL SHALL MAKE A DETERMINATION AS  TO
WHETHER A STATUTE, REGULATION, RULE OR ORDER IS AN UNFUNDED MANDATE.
  3.  THE COUNCIL, UPON RECEIPT OF THE REQUEST OR SUBMISSION PURSUANT TO
SECTION NINE HUNDRED NINETY-FOUR-A, SECTION NINE HUNDRED  NINETY-FOUR-B,
SECTION NINE HUNDRED NINETY-FOUR-C OR NINE HUNDRED NINETY-FOUR-D OF THIS
ARTICLE SHALL HAVE NINETY DAYS TO MAKE A DETERMINATION AS TO WHETHER THE
STATUTE,   REGULATION,  RULE  OR  ORDER  CONTAINED  IN  THE  REQUEST  OR
SUBMISSION SHALL BE DEEMED TO CONSTITUTE AN UNFUNDED MANDATE. IN  MAKING
SUCH  DETERMINATION,  THE  COUNCIL  SHALL CONSIDER IF THE STATUTE, REGU-
LATION, RULE OR ORDER LEGALLY REQUIRES THE CITY, TOWN, VILLAGE OR COUNTY
GOVERNMENT, SCHOOL DISTRICT, FIRE  DISTRICT,  WATER  DISTRICT  OR  OTHER
SPECIAL DISTRICT TO PERFORM AN ACT, OR REFRAIN FROM ACTING, IN A MATERI-
AL MANNER AND WITH A MATERIAL COST. IN FURTHER MAKING ITS DETERMINATION,
THE  COUNCIL  SHALL FURTHER CONSIDER IF THE COST INCURRED AS A RESULT OF
THE GOVERNMENT OR DISTRICT COMPLYING WITH THE STATUTE, REGULATION,  RULE
OR  ORDER  IS NOT REIMBURSED TO THE GOVERNMENT OR DISTRICT BY EITHER THE
FEDERAL OR STATE GOVERNMENT, OR IF SUCH GOVERNMENT OR  DISTRICT  IS  NOT
OTHERWISE  PROVIDED WITH THE ABILITY TO COLLECT A FEE OR OTHER MONIES IN
RETURN FOR THE COMPLIANCE WITH SUCH STATUTE, REGULATION, RULE OR ORDER.
  4. THE COUNCIL NEED NOT CONSIDER A REQUEST FOR DETERMINATION  PURSUANT
TO  SUBDIVISION ONE OF THIS SECTION IF THE COUNCIL HAS PREVIOUSLY MADE A
DETERMINATION WITHIN FIVE YEARS OF THE REQUEST, REGARDING THE SAME EXACT
STATUTORY PROVISION  OR  REGULATION.  IN  THE  EVENT  THAT  THE  COUNCIL

S. 5758--A                         25

DECLINES  TO CONSIDER A REQUEST FOR A DETERMINATION PURSUANT TO SUBDIVI-
SION ONE OF THIS SECTION, THE  COUNCIL  SHALL  NOTIFY  THE  CITY,  TOWN,
VILLAGE  OR  COUNTY,  IN  WRITING,  OF  ITS  DECLINATION TO CONSIDER THE
REQUEST, AND SHALL PROVIDE THE CITY, TOWN, VILLAGE OR COUNTY WITHIN SUCH
NOTIFICATION  WITH A COPY OF THE COUNCIL'S PREVIOUS DETERMINATION ON THE
SAME EXACT STATUTORY PROVISION OR REGULATION.
  5. THE COUNCIL SHALL MAKE ITS DETERMINATION AS TO WHETHER THE STATUTE,
REGULATION, RULE OR ORDER CONTAINED IN THE REQUEST OR SUBMISSION CONSTI-
TUTES AN UNFUNDED MANDATE, BY MEANS  OF  A  MAJORITY  VOTE  OF  ALL  THE
MEMBERS  OF  THE  COUNCIL, AFTER DUE CONSIDERATION OF THE FACTS AND UPON
DUE DELIBERATION AND DISCUSSION OF THE MEMBERS. THE MEETING TO  CONSIDER
WHETHER  A REQUESTED STATUTE, REGULATION, RULE OR ORDER CONTAINED IN THE
REQUEST CONSTITUTES AN UNFUNDED MANDATE, AND ALL THE  DELIBERATIONS  AND
DISCUSSIONS AT SUCH MEETING, SHALL BE SUBJECT TO THE PROVISIONS OF ARTI-
CLE  SEVEN  OF  THE  PUBLIC  OFFICERS LAW. IN THE EVENT THAT THE COUNCIL
DETERMINES THAT THE STATUTE, REGULATION, RULE OR  ORDER  CONSTITUTES  AN
UNFUNDED  MANDATE,  IT  SHALL NOTIFY THE GOVERNMENT OR DISTRICT WHO MADE
THE REQUEST, OR THE DEPARTMENT, DIVISION, OFFICE, BUREAU OR OTHER AGENCY
OF STATE GOVERNMENT THAT MADE THE SUBMISSION, AND  POST  AND  PUBLISH  A
RECORD OF SUCH DETERMINATION ON THE OFFICIAL WEBSITE OF THE COUNCIL.
  6.  NOTWITHSTANDING  ANYTHING IN THIS SUBDIVISION TO THE CONTRARY, THE
FOLLOWING CATEGORIES OF STATUTES, REGULATIONS, RULES  OR  ORDERS,  SHALL
NOT BE CONSIDERED UNFUNDED MANDATES:
  A. THOSE WHICH ARE REQUIRED TO COMPLY WITH FEDERAL LAWS OR RULES OR TO
MEET ELIGIBILITY STANDARDS FOR FEDERAL ENTITLEMENTS;
  B.  THOSE  WHICH  REPEAL,  REVISE  OR  EASE AN EXISTING REQUIREMENT OR
MANDATE OR WHICH REAPPORTION THE COSTS OF ACTIVITIES BETWEEN  BOARDS  OF
EDUCATION, COUNTIES, AND MUNICIPALITIES;
  C.  THOSE  WHICH  STEM  FROM FAILURE TO COMPLY WITH PREVIOUSLY ENACTED
LAWS OR RULES OR REGULATIONS ISSUED PURSUANT TO LAW;
  D. THOSE WHICH IMPLEMENT THE PROVISIONS OF THE STATE CONSTITUTION; AND
  E. THOSE STATUTES WHICH ARE ENACTED AFTER A PUBLIC HEARING, HELD AFTER
PUBLIC NOTICE THAT UNFUNDED MANDATES WILL BE  CONSIDERED,  FOR  WHICH  A
FISCAL  ANALYSIS  IS  AVAILABLE  AT  THE  TIME OF THE PUBLIC HEARING AND
WHICH, IN ADDITION TO COMPLYING WITH ALL OTHER  CONSTITUTIONAL  REQUIRE-
MENTS WITH REGARD TO THE ENACTMENT OF LAWS, ARE PASSED BY AN AFFIRMATIVE
VOTE OF THE MEMBERS OF EACH HOUSE OF THE LEGISLATURE AND SIGNED INTO LAW
BY THE GOVERNOR.
  7.  NOTWITHSTANDING THE DETERMINATION OF ANY COURT OF COMPETENT JURIS-
DICTION, THE COUNCIL SHALL RESOLVE ANY DISPUTE REGARDING WHETHER SUCH  A
STATUTE, REGULATION, RULE OR ORDER CONSTITUTES SUCH AN UNFUNDED MANDATE.
THE  DECISIONS  OF  THE COUNCIL WITH RESPECT TO WHETHER A STATUTE, REGU-
LATION, RULE OR ORDER, WHICH CONSTITUTES AN UNFUNDED MANDATE  SHALL  NOT
BE JUDICIAL DETERMINATIONS.
  S  994-A.  REQUEST  BY A CITY, TOWN, VILLAGE OR COUNTY GOVERNMENT. ANY
CITY, TOWN, VILLAGE OR COUNTY GOVERNMENT MAY MAKE A REQUEST OF THE COUN-
CIL TO REVIEW A STATUTE, REGULATION, RULE OR ORDER OF STATE  GOVERNMENT,
TO DETERMINE WHETHER SUCH STATUTE, REGULATION, RULE OR ORDER CONSTITUTES
AN UNFUNDED STATE MANDATE. THE REQUEST FOR A DETERMINATION SHALL BE MADE
BY  MEANS  OF  A RESOLUTION PASSED BY A MAJORITY OF THE TOTAL MEMBERS OF
THE GOVERNING BODY OF THE CITY, TOWN, VILLAGE OR COUNTY AND  TRANSMITTED
TO THE COUNCIL WITHIN NINETY DAYS OF THE PASSING OF SUCH RESOLUTION. THE
REQUEST OF THE GOVERNING BODY SHALL ALSO SPECIFICALLY IDENTIFY THE STAT-
UTE,  REGULATION,  RULE OR ORDER IN QUESTION. A REQUEST OF THE GOVERNING
BODY SHALL FURTHER CONTAIN ONLY ONE STATUTE, REGULATION, RULE  OR  ORDER
UPON  WHICH  A DETERMINATION IS SOUGHT. NO CITY, TOWN, VILLAGE OR COUNTY

S. 5758--A                         26

GOVERNMENT, SHALL MAKE MORE THAN TEN  REQUESTS  OF  THE  COUNCIL  FOR  A
DETERMINATION IN ANY CALENDAR YEAR.
  S  994-B. REQUEST BY A SCHOOL DISTRICT. ANY SCHOOL DISTRICT MAY MAKE A
REQUEST OF THE COUNCIL TO REVIEW A STATUTE, REGULATION, RULE OR ORDER OF
STATE GOVERNMENT, TO DETERMINE WHETHER SUCH STATUTE, REGULATION, RULE OR
ORDER CONSTITUTES AN UNFUNDED STATE MANDATE. THE REQUEST FOR A  DETERMI-
NATION  SHALL  BE  MADE BY MEANS OF A RESOLUTION PASSED BY A MAJORITY OF
THE TOTAL MEMBERS OF THE GOVERNING BODY OF THE SCHOOL DISTRICT AND TRAN-
SMITTED TO THE COUNCIL WITHIN NINETY DAYS OF THE PASSING OF SUCH  RESOL-
UTION. THE REQUEST OF THE GOVERNING BODY SHALL ALSO SPECIFICALLY IDENTI-
FY  THE STATUTE, REGULATION, RULE OR ORDER IN QUESTION. A REQUEST OF THE
GOVERNING BODY SHALL FURTHER CONTAIN ONLY ONE STATUTE, REGULATION,  RULE
OR  ORDER  UPON  WHICH  A DETERMINATION IS SOUGHT.   NO SCHOOL DISTRICT,
SHALL MAKE MORE THAN FIVE REQUESTS OF THE COUNCIL FOR A DETERMINATION IN
ANY CALENDAR YEAR.
  S 994-C. REQUEST BY A FIRE DISTRICT, WATER DISTRICT OR  OTHER  SPECIAL
DISTRICT.  ANY  FIRE  DISTRICT, WATER DISTRICT OR OTHER SPECIAL DISTRICT
MAY MAKE A REQUEST OF THE COUNCIL TO REVIEW A STATUTE, REGULATION,  RULE
OR  ORDER  OF STATE GOVERNMENT, TO DETERMINE WHETHER SUCH STATUTE, REGU-
LATION, RULE OR ORDER CONSTITUTES AN UNFUNDED STATE MANDATE. THE REQUEST
FOR A DETERMINATION SHALL BE MADE BY MEANS OF A RESOLUTION PASSED  BY  A
MAJORITY  OF  THE  TOTAL  MEMBERS  OF  THE  GOVERNING  BODY  OF THE FIRE
DISTRICT, WATER DISTRICT OR OTHER SPECIAL DISTRICT  AND  TRANSMITTED  TO
THE  COUNCIL  WITHIN  NINETY DAYS OF THE PASSING OF SUCH RESOLUTION. THE
REQUEST OF THE GOVERNING BODY SHALL ALSO SPECIFICALLY IDENTIFY THE STAT-
UTE, REGULATION, RULE OR ORDER IN QUESTION. A REQUEST OF  THE  GOVERNING
BODY  SHALL  FURTHER CONTAIN ONLY ONE STATUTE, REGULATION, RULE OR ORDER
UPON WHICH A DETERMINATION IS SOUGHT. NO FIRE DISTRICT,  WATER  DISTRICT
OR  OTHER  SPECIAL  DISTRICT,  SHALL  MAKE MORE THAN TWO REQUESTS OF THE
COUNCIL FOR A DETERMINATION IN ANY CALENDAR YEAR.
  S 994-D. NEW REGULATIONS PROPOSED BY  STATE  GOVERNMENT.  ALL  DEPART-
MENTS,  DIVISIONS,  OFFICES,  BUREAUS OR OTHER AGENCIES OF STATE GOVERN-
MENT, UPON THE PROMULGATION OF A NEW REGULATION, RULE OR ORDER,  OR  THE
AMENDMENT  OF AN EXISTING REGULATION, RULE OR ORDER, WHICH WOULD REQUIRE
ANY CITY, TOWN, VILLAGE OR COUNTY, SCHOOL DISTRICT, FIRE DISTRICT, WATER
DISTRICT OR OTHER SPECIAL DISTRICT, TO  TAKE  ANY  ACTION,  PERFORM  ANY
DUTY,  MAKE ANY EXPENDITURE, OR INCUR ANY COST, MUST BE SUBMITTED TO THE
COUNCIL  FOR  A  DETERMINATION,  PURSUANT  TO   SECTION   NINE   HUNDRED
NINETY-FOUR  OF THIS ARTICLE, AS TO WHETHER SUCH NEW REGULATION, RULE OR
ORDER, OR THE AMENDMENT OF AN EXISTING REGULATION, RULE OR ORDER CONSTI-
TUTES AN UNFUNDED MANDATE. THE SUBMISSION BY THE  DEPARTMENT,  DIVISION,
OFFICE,  BUREAU  OR  OTHER AGENCY OF STATE GOVERNMENT, SHALL PROVIDE THE
REGULATION, RULE OR ORDER IN QUESTION, TOGETHER  WITH  AN  ANALYSIS  AND
JUSTIFICATION FOR REGULATION, RULE OR ORDER IN QUESTION, PREPARED BY THE
COUNSEL  FOR THE DEPARTMENT, DIVISION, OFFICE, BUREAU OR OTHER AGENCY OF
THE STATE GOVERNMENT, A COUNSEL WITHIN THE GOVERNOR'S  COUNSEL'S  OFFICE
OR AN ATTORNEY FROM THE NEW YORK STATE DEPARTMENT OF LAW. NO REGULATION,
RULE  OR  ORDER  REQUIRED TO BE SUBMITTED PURSUANT TO THIS SECTION SHALL
TAKE EFFECT PRIOR TO A DETERMINATION OF  THE  COUNCIL  THAT  SUCH  REGU-
LATION, RULE OR ORDER IS NOT AN UNFUNDED MANDATE, OR PRIOR TO A DETERMI-
NATION OF THE COUNCIL THAT SUCH REGULATION, RULE OR ORDER IS AN UNFUNDED
MANDATE  BUT  THAT SUCH REGULATION, RULE OR ORDER SHOULD NOT BE REPEALED
PURSUANT TO SECTION NINE HUNDRED NINETY-FIVE-B OF THIS  ARTICLE,  UNLESS
THE COUNSEL FOR THE DEPARTMENT, DIVISION, OFFICE, BUREAU OR OTHER AGENCY
OF STATE GOVERNMENT, A COUNSEL WITHIN THE GOVERNOR'S COUNSEL'S OFFICE OR
AN  ATTORNEY FROM THE NEW YORK STATE DEPARTMENT OF LAW, PROVIDES A LEGAL

S. 5758--A                         27

DETERMINATION WITH THE SUBMISSION REQUIRED  PURSUANT  TO  THIS  SECTION,
THAT  THE FAILURE TO IMMEDIATELY ESTABLISH THE REGULATION, RULE OR ORDER
WOULD RESULT IN SUBSTANTIAL AND IMMEDIATE HARM  TO  THE  PEOPLE  OF  THE
STATE OF NEW YORK.
  S  995.  CONSIDERATION  OF THE ISSUE OF REPEAL OF AN UNFUNDED MANDATE.
WITHIN TWENTY-ONE DAYS OF MAKING A DETERMINATION THAT A  STATUTE,  REGU-
LATION, RULE OR ORDER CONSTITUTES AN UNFUNDED MANDATE, THE COUNCIL SHALL
MEET  TO  CONSIDER  THE  ISSUE OF THE REPEAL OF THE STATUTE, REGULATION,
RULE OR ORDER. THE MEETING TO CONSIDER THE ISSUE OF THE  REPEAL  OF  THE
STATUTE, REGULATION, RULE OR ORDER DETERMINED TO BE AN UNFUNDED MANDATE,
AND  ALL  THE  DELIBERATIONS  AND  DISCUSSIONS AT SUCH MEETING, SHALL BE
SUBJECT TO THE PROVISIONS OF ARTICLE SEVEN OF THE PUBLIC OFFICERS LAW.
  S 995-A. REPEAL OF UNFUNDED MANDATES CONTAINED IN CURRENT REGULATIONS.
UPON MEETING TO CONSIDER THE ISSUE OF A REPEAL OF AN  UNFUNDED  MANDATE,
PURSUANT  TO SECTION NINE HUNDRED NINETY-FIVE OF THIS ARTICLE, THE COUN-
CIL SHALL MAKE ITS DETERMINATION AS TO WHETHER THE REGULATION,  RULE  OR
ORDER  DETERMINED  TO  BE AN UNFUNDED MANDATE PURSUANT TO A REQUEST MADE
UNDER SUBDIVISION ONE OF SECTION NINE HUNDRED NINETY-FOUR OF THIS  ARTI-
CLE, SHALL BE REPEALED, BY MEANS OF A TWO-THIRDS VOTE OF ALL THE MEMBERS
OF THE COUNCIL, AFTER DUE CONSIDERATION OF THE FACTS AND UPON DUE DELIB-
ERATION  AND  DISCUSSION OF THE MEMBERS. IN THE EVENT THE COUNCIL DETER-
MINES THAT THE REGULATION, RULE OR ORDER IN QUESTION SHALL BE  REPEALED,
THE  COUNCIL SHALL INFORM, IN WRITING, THE DEPARTMENT, DIVISION, OFFICE,
BUREAU OR OTHER AGENCY OF STATE GOVERNMENT WHICH PROMULGATED  OR  ISSUED
THE  REGULATION, RULE OR ORDER IN QUESTION, AS WELL AS THE GOVERNMENT OR
DISTRICT THAT REQUESTED IT TO BE DETERMINED  AN  UNFUNDED  MANDATE,  AND
THEREAFTER  SUCH  REGULATION,  RULE  OR ORDER SHALL EXPIRE AND BE DEEMED
REPEALED, WITHIN SIXTY DAYS OF THE DATE UPON WHICH THE COUNCIL INFORMED,
IN WRITING, THE DEPARTMENT, DIVISION, OFFICE, BUREAU OR OTHER AGENCY  OF
STATE  GOVERNMENT  WHICH  PROMULGATED  OR ISSUED THE REGULATION, RULE OR
ORDER IN QUESTION. IN NO EVENT SHALL THE DEPARTMENT,  DIVISION,  OFFICE,
BUREAU  OR  OTHER AGENCY OF STATE GOVERNMENT WHICH PROMULGATED OR ISSUED
THE ORIGINAL REGULATION, RULE OR ORDER IN QUESTION, REPROMULGATE,  REIS-
SUE  OR  REINSTATE  THE  REGULATION,  RULE OR ORDER IN QUESTION, WITHOUT
HAVING FIRST OBTAINED STATUTORY PERMISSION TO DO THE SAME BY MEANS OF AN
ACT OF THE STATE LEGISLATURE.  UPON MEETING TO CONSIDER THE ISSUE  OF  A
REPEAL  OF AN UNFUNDED MANDATE, PURSUANT TO SECTION NINE HUNDRED NINETY-
FIVE OF THIS ARTICLE, THE COUNCIL MAY ALSO CONSIDER WHETHER TO  PETITION
ON  BEHALF  OF  THE CITY, TOWN, VILLAGE OR COUNTY, SCHOOL DISTRICT, FIRE
DISTRICT OR SPECIAL DISTRICT WHICH MADE A REQUEST FOR A DETERMINATION OF
THE REGULATION IN QUESTION AS  AN  UNFUNDED  MANDATE  FOR  A  WAIVER  OR
MODIFICATION  OF  SUCH  REGULATION,  WITH  RESPECT  TO  SUCH CITY, TOWN,
VILLAGE OR COUNTY, SCHOOL DISTRICT, FIRE DISTRICT OR  SPECIAL  DISTRICT,
PURSUANT  TO  SECTION  TWO  HUNDRED  FOUR-A  OF THE STATE ADMINISTRATIVE
PROCEDURE ACT, BY MEANS OF A MAJORITY VOTE OF ALL  THE  MEMBERS  OF  THE
COUNCIL,  AFTER DUE CONSIDERATION OF THE FACTS AND UPON DUE DELIBERATION
AND DISCUSSION OF THE MEMBERS. IN THE EVENT THE COUNCIL DETERMINES  THAT
SUCH  PETITION  SHOULD  BE  FORWARDED  TO SUCH AGENCY, THE COUNCIL SHALL
INFORM, IN WRITING, THE DEPARTMENT, DIVISION, OFFICE,  BUREAU  OR  OTHER
AGENCY  OF  STATE GOVERNMENT WHICH PROMULGATED OR ISSUED THE REGULATION,
RULE OR ORDER IN QUESTION, AS WELL AS THE GOVERNMENT  OR  DISTRICT  THAT
REQUESTED  IT  TO BE DETERMINED AN UNFUNDED MANDATE, AND THEREAFTER SUCH
DEPARTMENT, DIVISION, OFFICE, BUREAU OR OTHER AGENCY OF STATE GOVERNMENT
WHICH PROMULGATED OR ISSUED THE REGULATION, RULE OR  ORDER  IN  QUESTION
SHALL  HAVE  THIRTY  DAYS TO RULE ON SUCH PETITION AND MAKE ITS DETERMI-
NATION WITH RESPECT TO SUCH WAIVER OR MODIFICATION.  UPON  ITS  DETERMI-

S. 5758--A                         28

NATION  UNDER  THE PETITION, THE DEPARTMENT, DIVISION, OFFICE, BUREAU OR
OTHER AGENCY OF STATE GOVERNMENT WHICH PROMULGATED OR ISSUED  THE  REGU-
LATION OR RULE, SHALL NOTIFY THE COUNCIL IN WRITING OF ITS DETERMINATION
WITH RESPECT TO SUCH PETITION.
  S  995-B.  REPEAL  OF  UNFUNDED  MANDATES CONTAINED IN PROPOSED OR NEW
REGULATIONS.   UPON MEETING TO CONSIDER THE ISSUE  OF  A  REPEAL  OF  AN
UNFUNDED  MANDATE,  PURSUANT TO SECTION NINE HUNDRED NINETY-FIVE OF THIS
ARTICLE, THE COUNCIL SHALL MAKE ITS  DETERMINATION  AS  TO  WHETHER  THE
REGULATION, RULE OR ORDER, DETERMINED TO BE AN UNFUNDED MANDATE PURSUANT
TO A SUBMISSION MADE UNDER SUBDIVISION TWO OF SECTION NINE HUNDRED NINE-
TY-FOUR  OF  THIS  ARTICLE,  SHALL BE REPEALED, BY MEANS OF A TWO-THIRDS
VOTE OF ALL THE MEMBERS OF THE COUNCIL, AFTER DUE CONSIDERATION  OF  THE
FACTS  AND  UPON  DUE DELIBERATION AND DISCUSSION OF THE MEMBERS. IN THE
EVENT THE COUNCIL DETERMINES THAT THE REGULATION, RULE OR ORDER IN QUES-
TION SHALL BE REPEALED,  THE  COUNCIL  SHALL  INFORM,  IN  WRITING,  THE
DEPARTMENT, DIVISION, OFFICE, BUREAU OR OTHER AGENCY OF STATE GOVERNMENT
WHICH  PROMULGATED  OR ISSUED THE REGULATION, RULE OR ORDER IN QUESTION,
AND THEREAFTER SUCH REGULATION, RULE OR ORDER SHALL EXPIRE AND BE DEEMED
REPEALED, WITHIN SIXTY DAYS OF THE DATE UPON WHICH THE COUNCIL  INFORMS,
IN  WRITING, THE DEPARTMENT, DIVISION, OFFICE, BUREAU OR OTHER AGENCY OF
STATE GOVERNMENT WHICH PROMULGATED OR ISSUED  THE  REGULATION,  RULE  OR
ORDER  IN  QUESTION. IN NO EVENT SHALL THE DEPARTMENT, DIVISION, OFFICE,
BUREAU OR OTHER AGENCY OF STATE GOVERNMENT WHICH PROMULGATED  OR  ISSUED
THE  ORIGINAL REGULATION, RULE OR ORDER IN QUESTION, REPROMULGATE, REIS-
SUE OR REINSTATE THE REGULATION, RULE  OR  ORDER  IN  QUESTION,  WITHOUT
HAVING FIRST OBTAINED STATUTORY PERMISSION TO DO THE SAME BY MEANS OF AN
ACT OF THE STATE LEGISLATURE.
  S  995-C.  REPEAL  OF  UNFUNDED MANDATES CONTAINED IN STATUTE. 1. UPON
MEETING TO CONSIDER THE ISSUE OF A REPEAL OF AN UNFUNDED MANDATE, PURSU-
ANT TO SECTION NINE HUNDRED NINETY-FIVE OF  THIS  ARTICLE,  THE  COUNCIL
SHALL  MAKE ITS DETERMINATION AS TO WHETHER THE STATUTE DETERMINED TO BE
AN UNFUNDED MANDATE PURSUANT TO SECTION NINE HUNDRED NINETY-FOUR OF THIS
ARTICLE, SHOULD BE ENDORSED BY THE COUNCIL FOR REPEAL,  BY  MEANS  OF  A
MAJORITY VOTE OF ALL THE MEMBERS OF THE COUNCIL, AFTER DUE CONSIDERATION
OF THE FACTS AND UPON DUE DELIBERATION AND DISCUSSION OF THE MEMBERS. IN
THE  EVENT THE COUNCIL DETERMINES THAT THE STATUTE SHOULD BE ENDORSED BY
THE COUNCIL FOR REPEAL, THE COUNCIL SHALL INFORM, IN  WRITING,  ALL  THE
ENTITIES AFFECTED BY SUCH STATUTE IN QUESTION, AS WELL AS THE GOVERNMENT
OR  DISTRICT  THAT  REQUESTED  IT  TO  BE DETERMINED AN UNFUNDED MANDATE
PURSUANT TO SECTION NINE HUNDRED NINETY-FOUR OF THIS ARTICLE, AND THERE-
AFTER THE COUNCIL SHALL FORWARD SUCH STATUTE, TOGETHER WITH ITS ENDORSE-
MENT, TO THE LEGISLATURE, AS PROVIDED BY THIS SECTION.
  2. WHENEVER THE COUNCIL VOTES TO ENDORSE THE REPEAL OF A STATUTE AS AN
UNFUNDED MANDATE, PURSUANT TO THE PROCEDURES OF SUBDIVISION ONE OF  THIS
SECTION, IT SHALL PREPARE A BILL FOR POSSIBLE SUBMISSION TO THE LEGISLA-
TURE,  CONCERNING THE REPEAL OF THE STATUTE ENDORSED FOR REPEAL THAT THE
COUNCIL DETERMINED TO BE AN UNFUNDED MANDATE PURSUANT  TO  SECTION  NINE
HUNDRED NINETY-FOUR OF THIS ARTICLE.  SUCH BILL SHALL INCLUDE THE NECES-
SARY  PROVISIONS  FOR  REPEAL  OF  SUCH  STATUTE,  AS  WELL AS ANY OTHER
PROVISIONS NECESSARY TO EFFECTUATE THE CONTINUED OPERATIONS OF STATE  OR
LOCAL GOVERNMENT, WHICH WOULD BE REQUIRED AS A RESULT OF THE REPEAL.
  3.  UPON  THE  DRAFTING  OF THE BILL AS PROVIDED IN SUBDIVISION TWO OF
THIS SECTION, THE COUNCIL SHALL CONSIDER WHETHER IT SHOULD PRESENT  SUCH
BILL  TO THE LEGISLATURE AS AN ENDORSED STATUTORY REPEAL BILL. THE MEET-
ING TO CONSIDER WHETHER THE COUNCIL SHALL PRESENT SUCH BILL TO THE STATE
LEGISLATURE AS AN ENDORSED STATUTORY REPEAL BILL OF THE COUNCIL, AND ALL

S. 5758--A                         29

THE DELIBERATIONS AND DISCUSSIONS AT SUCH MEETING, SHALL BE  SUBJECT  TO
THE  PROVISIONS OF ARTICLE SEVEN OF THE PUBLIC OFFICERS LAW. THE COUNCIL
SHALL MAKE ITS DETERMINATION AS TO WHETHER THE  COUNCIL  SHOULD  PRESENT
SUCH BILL TO THE LEGISLATURE AS AN ENDORSED STATUTORY REPEAL BILL OF THE
COUNCIL,  BY MEANS OF A MAJORITY VOTE OF ALL THE MEMBERS OF THE COUNCIL,
AFTER DUE CONSIDERATION OF THE  FACTS  AND  UPON  DUE  DELIBERATION  AND
DISCUSSION  OF THE MEMBERS. IN THE EVENT THE COUNCIL DETERMINES THAT THE
COUNCIL SHALL PRESENT SUCH BILL TO THE STATE LEGISLATURE AS AN  ENDORSED
STATUTORY REPEAL BILL OF THE COUNCIL, THE COUNCIL SHALL INFORM, IN WRIT-
ING,  ALL  THE  ENTITIES AFFECTED BY THE REPEAL OF SUCH STATUTE IN QUES-
TION, AS WELL AS THE GOVERNMENT OR DISTRICT  THAT  REQUESTED  IT  TO  BE
DETERMINED AN UNFUNDED MANDATE, AND THEREAFTER THE COUNCIL SHALL FORWARD
SUCH  ENDORSED  STATUTORY  REPEAL BILL OF THE COUNCIL, TO BOTH HOUSES OF
THE LEGISLATURE, BY MEANS OF THE OFFICE OF THE SPEAKER OF  THE  ASSEMBLY
AND  BY  MEANS  OF  THE OFFICE OF THE TEMPORARY PRESIDENT OF THE SENATE,
TOGETHER WITH COPIES OF SUCH  ENDORSED  STATUTORY  REPEAL  BILL  OF  THE
COMMISSION  TO THE OFFICE OF THE GOVERNOR AND THE OFFICE OF THE MINORITY
LEADER OF THE ASSEMBLY AND THE OFFICE OF  THE  MINORITY  LEADER  IN  THE
SENATE.
  4.  IN NO EVENT SHALL THE COUNCIL PRESENT AN ENDORSED STATUTORY REPEAL
BILL TO THE LEGISLATURE:
  A. MORE THAN TWICE IN ANY MONTH;
  B. IF THE LEGISLATURE IS NOT IN REGULAR SESSION; AND/OR
  C. IF MORE THAN SIXTY DAYS HAS ELAPSED SINCE THE VOTE WAS TAKEN BY THE
COUNCIL TO ENDORSE THE REPEAL OF THE STATUTE  IN  QUESTION  PURSUANT  TO
SUBDIVISION ONE OF THIS SECTION.
  5.  IN THE EVENT THE LEGISLATURE WAS NOT IN REGULAR SESSION WITHIN THE
SIXTY DAYS AFTER THE VOTE WAS TAKEN BY THE COUNCIL TO ENDORSE THE REPEAL
OF THE STATUTE IN QUESTION, THE COUNCIL MAY PRESENT SUCH ENDORSED STATU-
TORY REPEAL BILL TO THE LEGISLATURE, IN THE MANNER PROVIDED IN  SUBDIVI-
SION  THREE  OF  THIS  SECTION, ANY TIME WITHIN THE FIRST SEVEN DAYS THE
LEGISLATURE NEXT CONVENES OR RECONVENES IN REGULAR SESSION. IN NO  EVENT
HOWEVER,  MAY  THE  COUNCIL PRESENT MORE THAN FIFTEEN ENDORSED STATUTORY
REPEAL BILLS TO THE LEGISLATURE IN ANY CALENDAR YEAR.
  6. UPON ITS PROPER PRESENTMENT TO THE LEGISLATURE, THE ENDORSED STATU-
TORY REPEAL BILL SHALL BE INTRODUCED AND VOTED ON BY EACH HOUSE  OF  THE
LEGISLATURE, WITHOUT AMENDMENT AS PRESENTED BY THE COUNCIL, WITHIN THIR-
TY DAYS AFTER ITS PROPER PRESENTMENT. THE COUNCIL MAY AMEND THE ENDORSED
STATUTORY  REPEAL BILL ONE TIME WITHIN SUCH THIRTY DAY PERIOD, WHEREUPON
BOTH HOUSES OF THE LEGISLATURE SHALL THEN  HAVE  THIRTY  DAYS  FROM  THE
SUBMISSION  OF  SUCH AMENDMENT TO VOTE ON THE AMENDED ENDORSED STATUTORY
REPEAL BILL.  WITHOUT THE CONSENT OF BOTH  HOUSES  OF  THE  LEGISLATURE,
NEITHER  AN  ENDORSED  STATUTORY  REPEAL  BILL,  NOR AN AMENDMENT MAY BE
SUBMITTED BY THE COUNCIL AFTER THE THIRTIETH DAY OF MAY IN ANY YEAR.
  7. UNDER PROVISIONS CONTAINED IN AN ENDORSED STATUTORY REPEAL BILL,  A
PROVISION OF SUCH BILL MAY BE EFFECTIVE AT A TIME LATER THAN THE DATE ON
WHICH THE BILL OTHERWISE IS EFFECTIVE.
  S  996.  REPORTS  AND  RECOMMENDATIONS  OF  THE NEW YORK STATE MANDATE
RELIEF COUNCIL. IN ADDITION TO ALL OTHER ACTIVITIES OF THE  COUNCIL,  IT
SHALL  ALSO MAKE, UPON A MAJORITY VOTE OF THE MEMBERS OF ITS BOARD, SUCH
PUBLIC REPORTS  AND  RECOMMENDATIONS  AS  IT  DEEMS  NECESSARY  FOR  THE
ADVANCEMENT  OF  ITS POWERS AND DUTIES. ALL MEETINGS TO CONSIDER WHETHER
TO MAKE OR ISSUE SUCH A PUBLIC REPORT OR  RECOMMENDATION,  AND  ALL  THE
DELIBERATIONS  AND DISCUSSIONS AT SUCH MEETINGS, SHALL BE SUBJECT TO THE
PROVISIONS OF ARTICLE SEVEN OF THE PUBLIC OFFICERS LAW. IN  ADDITION  TO
ALL OTHER REPORTS AND RECOMMENDATIONS THAT THE COUNCIL MAY VOTE TO MAKE,

S. 5758--A                         30

THE  COUNCIL  SHALL PRODUCE AND PROVIDE AN ANNUAL REPORT OF THE COUNCIL,
ITS ACTIVITIES, AND THE ISSUES, STATUTES, REGULATIONS, RULES AND  ORDERS
WHICH  IT  EXAMINED AND CONSIDERED. SUCH ANNUAL REPORT SHALL BE PRODUCED
AND  ISSUED  NO  LATER  THAN THE FIFTEENTH DAY OF DECEMBER, AND SHALL BE
PRESENTED TO EACH HOUSE OF THE LEGISLATURE, BY MEANS OF  THE  OFFICE  OF
THE  SPEAKER OF THE ASSEMBLY AND BY MEANS OF THE OFFICE OF THE TEMPORARY
PRESIDENT OF THE SENATE, TOGETHER WITH COPIES OF SUCH ANNUAL  REPORT  TO
THE  OFFICE OF THE GOVERNOR AND THE OFFICE OF THE MINORITY LEADER OF THE
ASSEMBLY AND THE OFFICE OF THE MINORITY LEADER IN THE SENATE. THE ANNUAL
REPORT OF THE COUNCIL SHALL ALSO BE POSTED FOR PUBLIC  REVIEW  UPON  THE
COUNCIL'S WEBSITE.
  S 997. COMPTROLLER REPORT OF UNFUNDED MANDATES. ON OR BEFORE THE THIR-
TY-FIRST DAY OF DECEMBER, TWO THOUSAND ELEVEN, AND THEN EVERY FIVE YEARS
THEREAFTER,  THE OFFICE OF THE STATE COMPTROLLER SHALL ISSUE A REPORT TO
THE LEGISLATURE, BY MEANS OF THE OFFICE OF THE SPEAKER OF  THE  ASSEMBLY
AND  BY  MEANS  OF  THE OFFICE OF THE TEMPORARY PRESIDENT OF THE SENATE,
TOGETHER WITH COPIES OF SUCH ANNUAL REPORT TO THE OFFICE OF THE GOVERNOR
AND THE OFFICE OF THE MINORITY LEADER OF THE ASSEMBLY AND THE OFFICE  OF
THE  MINORITY  LEADER IN THE SENATE ON THE ISSUE OF UNFUNDED MANDATES BY
THE FEDERAL AND STATE GOVERNMENT UPON THE CITIES,  TOWNS,  VILLAGES  AND
COUNTY  GOVERNMENTS,  SCHOOL DISTRICTS, FIRE DISTRICTS, WATER DISTRICTS,
AND OTHER SPECIAL DISTRICTS THROUGHOUT NEW YORK STATE. SUCH REPORT SHALL
DETAIL, IN SPECIFICITY, THE FINANCIAL IMPLICATIONS OF SUCH MANDATES UPON
SUCH GOVERNMENTS AND DISTRICTS, AND THEIR REAL  PROPERTY  TAXPAYERS,  AS
WELL  AT  THE  METHODS AND MEANS THAT HAVE BEEN USED BY SUCH GOVERNMENTS
AND DISTRICTS TO ADDRESS SUCH MANDATES. SUCH REPORT SHALL FURTHER  OFFER
RECOMMENDATIONS  TO THE STATE LEGISLATURE AND TO CITIES, TOWNS, VILLAGES
AND  COUNTY  GOVERNMENTS,  SCHOOL  DISTRICTS,  FIRE   DISTRICTS,   WATER
DISTRICTS AND OTHER SPECIAL DISTRICTS THROUGHOUT NEW YORK STATE.
  S  998.  FISCAL  NOTES  FOR BILLS ENACTING MANDATES UPON LOCAL GOVERN-
MENTS.  ANY BILL WHICH REQUIRES A CITY, TOWN, VILLAGE OR COUNTY  GOVERN-
MENT,  SCHOOL  DISTRICT,  FIRE DISTRICT, WATER DISTRICT OR OTHER SPECIAL
DISTRICT TO TAKE ANY ACTION, OR REFRAIN  FROM  TAKING  ANY  ACTION,  AND
WHICH  DOES NOT CONTAIN AN APPROPRIATION FOR SUCH CITY, TOWN, VILLAGE OR
COUNTY GOVERNMENT, SCHOOL DISTRICT, FIRE  DISTRICT,  WATER  DISTRICT  OR
OTHER SPECIAL DISTRICT TO COVER THE COST OF TAKING SUCH REQUIRED ACTION,
OR  REFRAINING  FROM  TAKING  SUCH  ACTION, SHALL CONTAIN A FISCAL NOTE,
PRINTED ON THE BOTTOM OF THE BILL, STATING  THE  ESTIMATED  ANNUAL  COST
SUCH  CITY,  TOWN,  VILLAGE  OR COUNTY GOVERNMENT, SCHOOL DISTRICT, FIRE
DISTRICT, WATER DISTRICT OR OTHER SPECIAL DISTRICT  WILL  INCUR  IN  THE
EVENT  SUCH  BILL  IS  ENACTED, AND THE SOURCE OF SUCH ESTIMATE. FOR THE
PURPOSE OF COMPLYING WITH THIS SECTION, THE OFFICE OF  THE  STATE  COMP-
TROLLER, UPON A REQUEST FROM A MEMBER OF THE SENATE OR ASSEMBLY FOR SUCH
A  FISCAL  NOTE, SHALL ISSUE AND PROVIDE SUCH FISCAL NOTE TO SUCH MEMBER
OF THE SENATE OR ASSEMBLY, WITHIN FIFTEEN DAYS OF SUCH  REQUEST.    UPON
THE  REQUEST OF THE STATE COMPTROLLER, OR FROM A MEMBER OF THE SENATE OR
ASSEMBLY, ANY DEPARTMENT, DIVISION, OFFICE, BUREAU OR  OTHER  AGENCY  OF
STATE  GOVERNMENT SHALL PROVIDE ALL INFORMATION NECESSARY FOR THE PREPA-
RATION OF A FISCAL NOTE, WITHIN TEN DAYS OF SUCH REQUEST.
  S 999. SEVERABILITY. IF ANY CLAUSE, SENTENCE, PARAGRAPH,  SUBDIVISION,
SECTION OR PART OF THIS ARTICLE SHALL BE ADJUDGED BY ANY COURT OF COMPE-
TENT JURISDICTION TO BE INVALID, SUCH JUDGMENT SHALL NOT AFFECT, IMPAIR,
OR INVALIDATE THE REMAINDER THEREOF, BUT SHALL BE CONFINED IN ITS OPERA-
TION  TO  THE  CLAUSE, SENTENCE, PARAGRAPH, SUBDIVISION, SECTION OR PART
THEREOF DIRECTLY INVOLVED IN THE  CONTROVERSY  IN  WHICH  SUCH  JUDGMENT
SHALL  HAVE BEEN RENDERED. IT IS HEREBY DECLARED TO BE THE INTENT OF THE

S. 5758--A                         31

LEGISLATURE THAT THIS ARTICLE WOULD  HAVE  BEEN  ENACTED  EVEN  IF  SUCH
INVALID PROVISIONS HAD NOT BEEN INCLUDED IN THIS SECTION.
  S  2.  The  legislative law is amended by adding a new section 54-c to
read as follows:
  S 54-C. ENDORSED STATUTORY  REPEAL  BILLS  FROM  THE  NEW  YORK  STATE
MANDATE  RELIEF  COUNCIL.  THE  LEGISLATURE MAY BY CONCURRENT RESOLUTION
PRESCRIBE RULES FOR THE CONSIDERATION AND DISPOSITION OF ENDORSED STATU-
TORY REPEAL BILLS FROM THE NEW YORK STATE  MANDATE  RELIEF  COUNCIL,  AS
DEFINED IN ARTICLE NINETEEN-C OF THE GENERAL MUNICIPAL LAW.
  S 3. This act shall take effect immediately.

                                 PART C

  Section  1.    The  general  municipal  law is amended by adding a new
section 25 to read as follows:
  S 25. FUNDING OF MANDATES. 1. DEFINITIONS. AS USED  IN  THIS  SECTION,
THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS UNLESS THE CONTEXT
SHALL OTHERWISE REQUIRE:
  (A)  "MANDATE"  MEANS  ANY  STATE LAW, RULE, REGULATION OR ORDER WHICH
CREATES A NEW PROGRAM OR REQUIRES A  HIGHER  LEVEL  OF  SERVICE  FOR  AN
EXISTING PROGRAM WHICH A MUNICIPAL CORPORATION IS REQUIRED TO PROVIDE.
  (B) "UNFUNDED MANDATE" SHALL MEAN:
  (I)  ANY  STATE  LAW,  RULE,  REGULATION  OR ORDER WHICH CREATES A NEW
PROGRAM OR REQUIRES A HIGHER LEVEL OF SERVICE FOR  AN  EXISTING  PROGRAM
WHICH  A  MUNICIPAL CORPORATION IS REQUIRED TO PROVIDE AND WHICH RESULTS
IN A NET ADDITIONAL COST TO THE MUNICIPAL CORPORATION; OR
  (II) ANY ALTERATION IN FUNDING PROVIDED TO A MUNICIPAL CORPORATION FOR
THE PURPOSE OF DEFRAYING THE COSTS OF A PROGRAM WHICH IT IS REQUIRED  TO
PROVIDE,  THEREBY  RESULTING  IN  A NET ADDITIONAL COST TO THE MUNICIPAL
CORPORATION.
  (C) "NET ADDITIONAL COST" MEANS THE COST OR COSTS INCURRED  OR  ANTIC-
IPATED  TO BE INCURRED WITHIN A ONE YEAR PERIOD BY A LOCAL GOVERNMENT IN
PERFORMING OR ADMINISTERING A MANDATE AFTER  SUBTRACTING  THEREFROM  ANY
REVENUES  RECEIVED  OR  RECEIVABLE BY THE LOCAL GOVERNMENT ON ACCOUNT OF
THE MANDATED PROGRAM OR SERVICE, INCLUDING BUT NOT LIMITED TO:
  (I) FEES CHARGED TO THE RECIPIENTS OF THE MANDATED PROGRAM OR SERVICE;
  (II) STATE OR  FEDERAL  AID  PAID  SPECIFICALLY  OR  CATEGORICALLY  IN
CONNECTION WITH THE PROGRAM OR SERVICE; AND
  (III)  AN  OFFSETTING  SAVINGS RESULTING FROM THE DIMINUTION OR ELIMI-
NATION OF ANY OTHER PROGRAM OR  SERVICE  DIRECTLY  ATTRIBUTABLE  TO  THE
PERFORMANCE OR ADMINISTRATION OF THE MANDATED PROGRAM.
  2.  FUNDING  OF  MUNICIPAL  CORPORATION  MANDATES. NOTWITHSTANDING ANY
OTHER PROVISION OF LAW, NO  UNFUNDED  MANDATE  SHALL  BE  ENACTED  WHICH
CREATES AN ANNUAL NET ADDITIONAL COST TO ANY MUNICIPAL CORPORATION.
  3.  EXEMPTIONS  TO  THE  FUNDING  OF  MUNICIPAL  CORPORATION  MANDATES
REQUIREMENT. (A) THE STATE SHALL NOT BE REQUIRED  TO  FUND  ANY  NEW  OR
EXPANDED PROGRAMS IF:
  (I) THE MANDATE IS REQUIRED BY A COURT ORDER OR JUDGMENT;
  (II)  THE  MANDATE  IS  PROVIDED AT THE OPTION OF THE LOCAL GOVERNMENT
UNDER A LAW, REGULATION, RULE, OR ORDER THAT IS PERMISSIVE  RATHER  THAN
MANDATORY;
  (III)  THE  MANDATE  RESULTS  FROM  THE PASSAGE OF A HOME RULE MESSAGE
WHEREBY A LOCAL GOVERNMENT REQUESTS AUTHORITY TO IMPLEMENT  THE  PROGRAM
OR  SERVICE SPECIFIED IN THE STATUTE, AND THE STATUTE IMPOSES COSTS ONLY
UPON THAT LOCAL GOVERNMENT WHICH REQUESTS THE AUTHORITY  TO  IMPOSE  THE
PROGRAM OR SERVICE;

S. 5758--A                         32

  (IV) THE MANDATE IS REQUIRED BY, OR ARISES FROM, AN EXECUTIVE ORDER OF
THE GOVERNOR EXERCISING HIS OR HER EMERGENCY POWERS; OR
  (V)  THE MANDATE IS REQUIRED BY STATUTE OR EXECUTIVE ORDER THAT IMPLE-
MENTS A FEDERAL LAW OR REGULATION AND RESULTS FROM COSTS MANDATED BY THE
FEDERAL GOVERNMENT TO BE BORNE AT THE LOCAL LEVEL, UNLESS THE STATUTE OR
EXECUTIVE ORDER RESULTS IN COSTS WHICH EXCEED THE COSTS MANDATED BY  THE
FEDERAL GOVERNMENT.
  (B)  EACH  ACT ESTABLISHING A MANDATE SHALL PROVIDE THAT THE EFFECTIVE
DATE OF ANY SUCH MANDATE IMPOSED  ON  MUNICIPAL  CORPORATIONS  SHALL  BE
CONSISTENT  WITH  THE  NEEDS  OF THE STATE AND MUNICIPAL CORPORATIONS TO
PLAN IMPLEMENTATION THEREOF AND  CONSISTENT  WITH  THE  AVAILABILITY  OF
REQUIRED FUNDS.
  S 2. The general municipal law is amended by adding a new section 25-a
to read as follows:
  S  25-A.  FISCAL  NOTES FOR BILLS ENACTING MANDATES UPON LOCAL GOVERN-
MENTS AND SCHOOL DISTRICTS. 1.  ANY BILL WHICH REQUIRES  A  CITY,  TOWN,
VILLAGE  OR  COUNTY  GOVERNMENT,  SCHOOL  DISTRICT, FIRE DISTRICT, WATER
DISTRICT OR OTHER SPECIAL DISTRICT TO TAKE ANY ACTION, OR  REFRAIN  FROM
TAKING  ANY ACTION, AND WHICH DOES NOT CONTAIN AN APPROPRIATION FOR SUCH
CITY,  TOWN,  VILLAGE  OR  COUNTY  GOVERNMENT,  SCHOOL  DISTRICT,   FIRE
DISTRICT,  WATER DISTRICT OR OTHER SPECIAL DISTRICT TO COVER THE COST OF
TAKING SUCH REQUIRED ACTION, OR  REFRAINING  FROM  TAKING  SUCH  ACTION,
SHALL  CONTAIN A FISCAL NOTE, PRINTED ON THE BOTTOM OF THE BILL, STATING
THE ESTIMATED ANNUAL COST SUCH CITY, TOWN, VILLAGE OR COUNTY GOVERNMENT,
SCHOOL DISTRICT, FIRE DISTRICT, WATER DISTRICT OR OTHER SPECIAL DISTRICT
WILL INCUR IN THE EVENT SUCH BILL IS ENACTED, AND  THE  SOURCE  OF  SUCH
ESTIMATE.  FOR THE PURPOSE OF COMPLYING WITH THIS SECTION, THE OFFICE OF
THE STATE COMPTROLLER, UPON A REQUEST FROM A MEMBER  OF  THE  SENATE  OR
ASSEMBLY  FOR  SUCH  A  FISCAL NOTE, SHALL ISSUE AND PROVIDE SUCH FISCAL
NOTE TO SUCH MEMBER OF THE SENATE OR ASSEMBLY, WITHIN  FIFTEEN  DAYS  OF
SUCH  REQUEST.   UPON REQUEST OF THE STATE COMPTROLLER, OR FROM A MEMBER
OF THE SENATE OR ASSEMBLY, ANY DEPARTMENT, DIVISION, OFFICE,  BUREAU  OR
OTHER AGENCY OF STATE GOVERNMENT SHALL PROVIDE ALL INFORMATION NECESSARY
FOR  THE  PREPARATION OF A FISCAL NOTE, WITHIN TEN DAYS OF SUCH REQUEST.
EACH HOUSE OF THE LEGISLATURE SHALL DESIGNATE A LOCAL FISCAL NOTE  COUN-
SEL  WHO  SHALL  BE  RESPONSIBLE FOR THE DETERMINATION OF WHETHER A BILL
SHALL REQUIRE A FISCAL NOTE PURSUANT TO THIS SECTION.
  2. PRIOR TO THE PROMULGATION, ISSUANCE OR AMENDMENT OF ANY REGULATION,
RULE OR ORDER, WHICH MAY REQUIRE AN  INCREASE  IN  THE  EXPENDITURES  OF
MONEYS  BY  A CITY, TOWN, VILLAGE OR COUNTY GOVERNMENT, SCHOOL DISTRICT,
FIRE DISTRICT, WATER DISTRICT OR OTHER SPECIAL DISTRICT, THE DEPARTMENT,
DIVISION, OFFICE, BUREAU OR OTHER AGENCY OF STATE GOVERNMENT, SEEKING TO
PROMULGATE, ISSUE OR AMEND SUCH REGULATION, RULE OR ORDER SHALL  PUBLISH
A  FISCAL  NOTE,  STATING  THE  ESTIMATED  ANNUAL  COST SUCH CITY, TOWN,
VILLAGE OR COUNTY GOVERNMENT,  SCHOOL  DISTRICT,  FIRE  DISTRICT,  WATER
DISTRICT  OR  OTHER  SPECIAL DISTRICT WILL INCUR IN THE EVENT SUCH REGU-
LATION, RULE OR ORDER IS PROMULGATED, ISSUED OR AMENDED, AND THE  SOURCE
OF  SUCH  ESTIMATE.  FOR THE PURPOSE OF COMPLYING WITH THIS SECTION, THE
OFFICE OF THE STATE COMPTROLLER, UPON A REQUEST FROM A DEPARTMENT, DIVI-
SION, OFFICE, BUREAU OR OTHER AGENCY OF  STATE  GOVERNMENT  FOR  SUCH  A
FISCAL  NOTE,  SHALL  ISSUE AND PROVIDE SUCH FISCAL NOTE TO SUCH DEPART-
MENT, DIVISION, OFFICE, BUREAU OR  OTHER  AGENCY  OF  STATE  GOVERNMENT,
WITHIN  FIFTEEN  DAYS  OF SUCH REQUEST.  UPON REQUEST OF THE STATE COMP-
TROLLER, ANY DEPARTMENT, DIVISION, OFFICE, BUREAU  OR  OTHER  AGENCY  OF
STATE  GOVERNMENT SHALL PROVIDE ALL INFORMATION NECESSARY FOR THE PREPA-
RATION OF A FISCAL NOTE, WITHIN TEN DAYS OF SUCH REQUEST.

S. 5758--A                         33

  S 3. Section 51 of the legislative law, as added by chapter 985 of the
laws of 1983, is amended to read as follows:
  S 51. Fiscal  impact  notes on bills affecting political subdivisions.
1. For the purpose of this section,  the  term  "political  subdivision"
means  any  county,  city,  town,  village,  special  district or school
district.
  2. [The] IN ADDITION TO THE PROVISIONS OF SECTION TWENTY-FIVE-A OF THE
GENERAL MUNICIPAL LAW, THE legislature [shall] MAY by concurrent  resol-
ution  of the senate and assembly prescribe rules requiring fiscal notes
to accompany, on a separate form, bills and amendments to bills,  except
as  otherwise prescribed by such rules, which would substantially affect
the revenues or expenses, or both, of any political subdivision.
  3. [Fiscal] EXCEPT AS TO THE EXTENT  REQUIRED  IN  THE  PROVISIONS  OF
SECTION  TWENTY-FIVE-A  OF THE GENERAL MUNICIPAL LAW, FISCAL notes shall
not, however, be required for bills: (a) subject to  the  provisions  of
section  fifty  of this chapter, or (b) accompanied by special home rule
requests submitted by  political  subdivisions,  or  (c)  which  provide
discretionary  authority  to  political  subdivisions,  or (d) submitted
pursuant to section twenty-four of the state finance law.
  4. If the estimate or estimates contained in a fiscal note are inaccu-
rate, such inaccuracies shall not  affect,  impair  or  invalidate  such
bill.
  S 4. The state administrative procedure act is amended by adding a new
section 105 to read as follows:
  S  105.  FISCAL IMPACT NOTES ON REGULATIONS, RULES OR ORDERS AFFECTING
POLITICAL SUBDIVISIONS. 1.   PRIOR  TO  THE  PROMULGATION,  ISSUANCE  OR
AMENDMENT  OF  ANY  REGULATION,  RULE  OR  ORDER,  WHICH  MAY REQUIRE AN
INCREASE IN THE EXPENDITURES OF MONEYS BY A CITY, TOWN, VILLAGE OR COUN-
TY GOVERNMENT, SCHOOL DISTRICT, FIRE DISTRICT, WATER DISTRICT  OR  OTHER
SPECIAL  DISTRICT,  THE  DEPARTMENT,  DIVISION,  OFFICE, BUREAU OR OTHER
AGENCY OF STATE GOVERNMENT, SEEKING TO PROMULGATE, ISSUE OR  AMEND  SUCH
REGULATION, RULE OR ORDER SHALL PUBLISH A FISCAL NOTE, STATING THE ESTI-
MATED  ANNUAL COST SUCH CITY, TOWN, VILLAGE OR COUNTY GOVERNMENT, SCHOOL
DISTRICT, FIRE DISTRICT, WATER DISTRICT OR OTHER SPECIAL  DISTRICT  WILL
INCUR IN THE EVENT SUCH REGULATION, RULE OR ORDER IS PROMULGATED, ISSUED
OR  AMENDED, AND THE SOURCE OF SUCH ESTIMATE. FOR THE PURPOSE OF COMPLY-
ING WITH THIS SECTION, THE OFFICE  OF  THE  STATE  COMPTROLLER,  UPON  A
REQUEST  FROM  A DEPARTMENT, DIVISION, OFFICE, BUREAU OR OTHER AGENCY OF
STATE GOVERNMENT FOR SUCH A FISCAL NOTE, SHALL ISSUE  AND  PROVIDE  SUCH
FISCAL NOTE TO SUCH DEPARTMENT, DIVISION, OFFICE, BUREAU OR OTHER AGENCY
OF  STATE GOVERNMENT, WITHIN FIFTEEN DAYS OF SUCH REQUEST.  UPON REQUEST
OF THE STATE COMPTROLLER, ANY DEPARTMENT, DIVISION,  OFFICE,  BUREAU  OR
ANY  OTHER  AGENCY  OF  STATE  GOVERNMENT  SHALL PROVIDE ALL INFORMATION
NECESSARY FOR THE PREPARATION OF A FISCAL NOTE, WITHIN TEN DAY  OF  SUCH
REQUEST.
  2.   IF THE ESTIMATE OR ESTIMATES CONTAINED IN A FISCAL NOTE ARE INAC-
CURATE, SUCH INACCURACIES SHALL NOT AFFECT, IMPAIR  OR  INVALIDATE  SUCH
NEWLY PROMULGATED, ISSUED OR AMENDED REGULATION, RULE OR ORDER.
  S  5.  The state technology law is amended by adding a new section 310
to read as follows:
  S 310. ELECTRONIC NOTICING. 1. NOTWITHSTANDING ANY OTHER PROVISION  OF
THIS  ARTICLE  OR ANY OTHER LAW, RULE OR REGULATION TO THE CONTRARY, ANY
DEPARTMENT, DIVISION, OFFICE, BUREAU OR OTHER AGENCY  OF  STATE  GOVERN-
MENT, AND ANY CITY, TOWN, VILLAGE OR COUNTY MAY SEND ANY NOTICE, BILL OR
OTHER  COMMUNICATION  BY  ELECTRONIC  MEANS  IF  THE  PERSON TO WHOM THE
NOTICE, BILL OR OTHER COMMUNICATION IS TO BE  SENT  HAS  AUTHORIZED  THE

S. 5758--A                         34

GOVERNMENTAL  ENTITY  TO  SEND SUCH NOTICES, BILLS AND/OR OTHER COMMUNI-
CATIONS BY ELECTRONIC MEANS.
  2.  IN  ANY  LAW,  RULE  OR  REGULATION  THAT REQUIRES OR AUTHORIZES A
NOTICE, BILL OR OTHER COMMUNICATION TO BE MAILED, THE REFERENCE TO  MAIL
SHALL  BE  DEEMED TO INCLUDE ELECTRONIC TRANSMITTAL OF SUCH NOTICE, BILL
OR OTHER COMMUNICATION TO ANY PERSON WHO HAS AUTHORIZED THE GOVERNMENTAL
ENTITY TO SEND NOTICES, BILLS AND/OR OTHER COMMUNICATIONS BY  ELECTRONIC
MEANS  PURSUANT  TO THIS SECTION, AND ANY NOTICE, BILL OR OTHER COMMUNI-
CATION SENT BY ELECTRONIC MEANS TO SUCH A PERSON  SHALL  HAVE  THE  SAME
FORCE  AND  EFFECT  AS  ANY  NOTICE, BILL OR OTHER COMMUNICATION SENT BY
MAIL.
  3. IN ANY LAW, RULE  OR  REGULATION  THAT  REQUIRES  OR  AUTHORIZES  A
NOTICE,  BILL OR OTHER COMMUNICATION TO BE SENT, A REFERENCE TO THE LAST
KNOWN ADDRESS SHALL BE DEEMED TO REFER  TO  THE  LAST  KNOWN  ELECTRONIC
MAILING ADDRESS OF ANY PERSON WHO HAS AUTHORIZED THE GOVERNMENTAL ENTITY
RESPONSIBLE  FOR SENDING THE NOTICE, BILL OR OTHER COMMUNICATION TO SEND
NOTICES, BILLS AND/OR OTHER COMMUNICATIONS BY ELECTRONIC MEANS  PURSUANT
TO THIS SECTION.
  4.  ANY LAW, RULE OR REGULATION THAT, AS OF THE EFFECTIVE DATE OF THIS
SECTION, AUTHORIZES A GOVERNMENTAL ENTITY  TO  SEND  BILLS,  NOTICES  OR
OTHER  COMMUNICATIONS  BY ELECTRONIC MEANS SHALL NOT BE AFFECTED BY THIS
SECTION.
  S 6. Subdivision 2 of section 381 of the executive law, as amended  by
chapter 560 of the laws of 2010, is amended to read as follows:
  2.  Except as may be provided in regulations of the secretary pursuant
to subdivision one of this section, every local government shall  admin-
ister  and enforce the uniform fire prevention and building code and the
state energy conservation construction code on and after the  first  day
of  January,  nineteen  hundred  eighty-four,  provided, however, that a
local government may enact a local law prior to the first day of July in
any year providing that it will not enforce such codes on and after  the
first  day of January next succeeding. In such event the county in which
said local government is situated  shall  administer  and  enforce  such
codes within such local government from and after the first day of Janu-
ary  next succeeding the effective date of such local law, in accordance
with the provisions of paragraph b of subdivision five of  this  section
unless  the county shall have enacted a local law providing that it will
not enforce such codes within that county. In such event  the  secretary
in  the  place  and  stead of the local government shall, directly or by
contract, administer and enforce the uniform code and the  state  energy
conservation  construction  code.  A  local  government  or a county may
repeal a local law which provides that it will not  enforce  such  codes
and  shall  thereafter  administer  and  enforce  such codes as provided
above. Two or more local governments  may  provide  for  joint  adminis-
tration  and enforcement of the uniform code, the state energy conserva-
tion construction code, or both, by agreement pursuant to article five-G
of the general municipal law. Any local government may enter into agree-
ment with the county in which  such  local  government  is  situated  to
administer  and  enforce the uniform code, the state energy conservation
construction code, or both, within such local government.  Local govern-
ments or counties may charge fees to defray the costs of  administration
and  enforcement.  THE DEPARTMENT SHALL NOT PROMULGATE OR MAINTAIN REGU-
LATIONS TO REQUIRE DETAILED REPORTING UNDER THIS SECTION,  BUT  PURSUANT
TO  THIS  SUBDIVISION (A) EVERY CITY, VILLAGE, TOWN, AND COUNTY, CHARGED
UNDER THIS  SUBDIVISION  WITH  ADMINISTRATION  AND  ENFORCEMENT  OF  THE
UNIFORM  CODE MAY ANNUALLY SUBMIT TO THE SECRETARY, ON A FORM PRESCRIBED

S. 5758--A                         35

BY THE SECRETARY, A REPORT OF ITS ACTIVITIES RELATIVE TO  ADMINISTRATION
AND ENFORCEMENT OF THE UNIFORM CODE; AND (B) EVERY MUNICIPALITY OR OTHER
AGENCY  SUBJECT TO THIS SUBDIVISION MAY FURTHER PROVIDE FROM THE RECORDS
AND  RELATED  MATERIALS  IT MAINTAINS, EXCERPTS, SUMMARIES, TABULATIONS,
STATISTICS AND OTHER INFORMATION  AND  ACCOUNTS  OF  ITS  ACTIVITIES  IN
CONNECTION  WITH ADMINISTRATION AND ENFORCEMENT OF THE UNIFORM CODE, BUT
ANY FAILURE TO PRODUCE OR PROVIDE SUCH MATERIALS  SHALL  NOT  PERMIT  AN
INFERENCE THAT THE MINIMUM STANDARDS OF THIS SECTION, OR ANY REGULATIONS
PROMULGATED OR MAINTAINED THEREUNDER, HAVE NOT BEEN MET.
  S 7. Section 204-a of the state administrative procedure act, as added
by chapter 479 of the laws of 2001, is amended to read as follows:
  S 204-a. Alternate methods for implementing regulatory mandates. 1. As
used in this section:
  (a)  "local  government" means any county, city, town, village, school
district, fire district or other special district;
  (b) "regulatory mandate" means any rule which  requires  one  or  more
local governments to create a new program, increase the level of service
for an existing program or otherwise comply with mandatory requirements;
and
  (c)  "petition" means a document submitted by a local government seek-
ing approval of  an  alternate  method  for  implementing  a  regulatory
mandate.
  2.  A  LOCAL GOVERNMENT, TWO OR MORE LOCAL GOVERNMENTS ACTING JOINTLY,
OR THE NEW YORK STATE MANDATE  RELIEF  COUNCIL  ON  BEHALF  OF  A  LOCAL
GOVERNMENT  OR  COLLECTION OF LOCAL GOVERNMENTS MAY SEEK APPROVAL FOR AN
ALTERNATE METHOD OF IMPLEMENTING A REGULATORY MANDATE BY  SUBMITTING  TO
THE APPROPRIATE STATE AGENCY A petition WHICH shall include:
  (a)  FOR EACH INVOLVED LOCAL GOVERNMENT, an indication that submission
has been approved by the [governing body] CHIEF ELECTED OFFICER  of  the
local  government or by an officer duly authorized by the governing body
to do so;
  (b) an identification of the regulatory mandate which is  the  subject
of  the  petition  and  information  sufficient  to  establish  that the
proposed alternate method of implementation is consistent with and  will
effectively carry out the objectives of the regulatory mandate;
  (c) information [on the process used by the local government to ensure
that all stakeholders have been appropriately involved in the process of
developing  the  alternate  method, including where relevant the date of
any hearing, forum or other meeting to seek input on the alternate meth-
od] SUFFICIENT TO ESTABLISH THAT THE PROPOSED ALTERNATE METHOD OF IMPLE-
MENTATION IS CONSISTENT WITH AND WILL EFFECTIVELY CARRY OUT  THE  OBJEC-
TIVES OF THE REGULATORY MANDATE;
  (d) [documentation that the petition has been submitted to the author-
ized  agents  of  any  certified  or  recognized  employee organizations
representing employees who would be effected by  implementation  of  the
alternate method;
  (e) a proposed plan and timetable for compiling and reporting informa-
tion  to  facilitate  evaluation  of  the effectiveness of the alternate
method;
  (f) if the state provides financial assistance for complying with  the
regulatory mandate, any proposed amount or percentage of such assistance
which  would  be  returned to the state due to savings from implementing
the alternate method; and
  (g)] the name, public office  address  and  telephone  number  of  the
representative  of the local government who will coordinate requests for
additional information on the petition; AND

S. 5758--A                         36

  [3. Two] (E) WHERE TWO or more local governments [may submit  a  peti-
tion]  HAVE  PETITIONED  jointly,  [provided  that each local government
meets the requirements of paragraphs (a), (c), (d) and (g)  of  subdivi-
sion  two  of  this section, and provided that the petition] INFORMATION
WHICH  addresses  the  manner in which responsibility for implementation
will be allocated between or among the participating local governments.
  [4] 3.   The agency shall  cause  a  notice  of  the  petition  to  be
published  in the state register and shall receive comments on the peti-
tion for a period of thirty days. Such notice shall either  include  the
full  text  of  the  information  set forth in the petition or shall set
forth the address of a website on which the full text has  been  posted.
The  notice  shall include the name, public office address and telephone
number, and may include a fax number and electronic mail address, of  an
agency  representative  from whom additional information on the petition
can be obtained and to whom comments on the petition may be submitted.
  [5. (a)] 4. Not later than thirty days  after  the  last  day  of  the
comment period, the agency shall approve or disapprove the petition. The
agency  may  approve the petition without change or with such conditions
or modifications as the agency deems appropriate. Notice of  the  agency
determination  shall  be provided in writing to the local government and
shall be published in the state register. The agency shall not  grant  a
petition unless it determines that the petition has met the requirements
of  subdivision  two  of  this section and that the local government has
established that the alternate method is consistent with and will effec-
tively carry out the objectives of  the  regulatory  mandate;  provided,
however,  that  no  petition shall be approved which would result in the
contravention of any environmental, health or safety standard [or  would
reduce  any benefits or rights accorded by law or rule to third parties.
In approving a petition, an agency may waive a statutory provision  only
if  it  is  specifically  authorized by law to waive such provision]. An
approval shall include a timetable for agency evaluation of  the  effec-
tiveness of the alternate method.
  [(b)  Notwithstanding the provisions of paragraph (a) of this subdivi-
sion, upon receipt of an objection to a  petition  from  the  authorized
agent  of any certified or recognized employee organization representing
employees who would be affected by implementation of the alternate meth-
od, the agency shall provide any such organizations with an  opportunity
for  a hearing. If an adjudicatory proceeding is requested, the petition
shall not be approved unless the agency determines by a preponderance of
the evidence that implementing the alternate  method  would  not  affect
such employees by contravening any environmental, health or safety stan-
dard,  reducing  any  rights  or  benefits or violating the terms of any
negotiated agreement, and that all other requirements  of  this  section
have been met. The provisions of this subdivision are in addition to and
shall  not be construed to impair or modify any rights of such employees
under any other law, regulation or contract.]
  5. A LOCAL GOVERNMENT OR NEW YORK STATE MANDATE  RELIEF  COUNCIL  THAT
OBJECTS  TO  A  STATE  AGENCY  DETERMINATION TO MODIFY OR DISAPPROVE ITS
PETITION MAY APPEAL IN WRITING TO THE GOVERNOR'S DIRECTOR OF STATE OPER-
ATIONS, WHO, UPON REVIEW OF THE AGENCY'S FINDINGS AND DETERMINATION, MAY
APPROVE, MODIFY OR DISAPPROVE THE PETITION.
  6. Nothing in  this  section  shall  require  a  local  government  to
commence  or continue an alternate method of implementation if it deter-
mines in its sole discretion not to do so, except to the extent  that  a
local  government has committed to commencing or continuing an alternate

S. 5758--A                         37

method in a joint petition submitted pursuant to subdivision [three] TWO
of this section.
  7.  A state agency may rescind its approval of a petition [at any time
if it determines, based on the information reported  pursuant  to  para-
graph (e) of subdivision two of this section or other information avail-
able  to  it,  that the alternate method is not effectively carrying out
the objectives of the regulatory mandate or is being  implemented  in  a
manner  detrimental  to  the  public  interest]  ONLY  AFTER  A HEARING,
PROVIDED, HOWEVER, THAT THE AGENCY MAY SUSPEND ITS APPROVAL OF  A  PETI-
TION  PRIOR TO A HEARING IF IT FINDS THAT IMMEDIATE SUSPENSION IS NECES-
SARY TO ADDRESS AN IMMINENT THREAT TO HEALTH  OR  SAFETY.  NOTICE  OF  A
HEARING MUST BE PROVIDED TO THE PETITIONER AT LEAST THIRTY DAYS PRIOR TO
THE HEARING AND MUST BE POSTED ON THE AGENCY'S WEBSITE. SUCH NOTICE MUST
STATE  THE BASIS FOR THE AGENCY'S DECISION TO SEEK RESCISSION AND INFORM
THE LOCAL GOVERNMENT THAT IT MAY REQUEST INFORMATION RELIED UPON BY  THE
AGENCY  IN  MAKING ITS DETERMINATION, WHICH INFORMATION MUST BE PROVIDED
TO THE PETITIONER AT LEAST SEVEN DAYS IN ADVANCE OF THE  HEARING.  AFTER
SUCH  HEARING,  THE  AGENCY MAY RESCIND ITS APPROVAL UPON A FINDING THAT
THE ALTERNATIVE METHOD OF IMPLEMENTATION IS NOT CONSISTENT WITH OR  DOES
NOT EFFECTIVELY CARRY OUT THE OBJECTIVES OF THE REGULATORY MANDATE.
  [7.]  8. Notwithstanding any other provision of law, implementation of
an alternate method approved by an agency pursuant to this section shall
be deemed to lawfully meet all requirements of the  regulatory  mandate.
An  agency  shall  retain  the  authority to enforce compliance with the
alternate method in the same manner as it may  enforce  compliance  with
the underlying rule. Any action on a petition by a state agency shall be
subject  to  review pursuant to article seventy-eight of the civil prac-
tice law and rules.
  [8.] 9. In accordance  with  the  timetable  established  pursuant  to
subdivision  [four] THREE of this section, the agency shall evaluate the
effectiveness of the alternate method in carrying out the objectives  of
the  regulatory  mandate.  The  evaluation shall identify any savings or
other benefits, and any costs or other  disadvantages,  of  implementing
the  alternate method, and shall address the desirability of incorporat-
ing the alternate method into the rules of the agency. Notice of  avail-
ability of the evaluation shall be published in the state register.
  S  7-a.  The state administrative procedure act is amended by adding a
new section 204-b to read as follows:
  S 204-B. WAIVERS OF REGULATORY MANDATES. 1. AS USED IN THIS SECTION:
  (A) "LOCAL GOVERNMENT" MEANS ANY COUNTY, CITY, TOWN,  VILLAGE,  SCHOOL
DISTRICT, FIRE DISTRICT OR OTHER SPECIAL DISTRICT;
  (B)  "REGULATORY  MANDATE"  MEANS  ANY RULE WHICH REQUIRES ONE OR MORE
LOCAL GOVERNMENTS TO CREATE A NEW PROGRAM, INCREASE THE LEVEL OF SERVICE
FOR AN EXISTING PROGRAM OR OTHERWISE COMPLY WITH MANDATORY REQUIREMENTS;
AND
  (C) "WAIVER PETITION" MEANS A DOCUMENT SUBMITTED BY A LOCAL GOVERNMENT
SEEKING A WAIVER OF A REGULATORY MANDATE.
  2. A LOCAL GOVERNMENT OR THE NEW YORK STATE MANDATE RELIEF COUNCIL  ON
BEHALF OF A LOCAL GOVERNMENT OR COLLECTION OF LOCAL GOVERNMENTS MAY SEEK
A  WAIVER OF A REGULATORY MANDATE, IN WHOLE OR IN PART, BY SUBMITTING TO
THE APPROPRIATE STATE AGENCY A WAIVER PETITION WHICH SHALL INCLUDE:
  (A) AN INDICATION THAT SUBMISSION  HAS  BEEN  APPROVED  BY  THE  CHIEF
ELECTED OFFICER OF THE LOCAL GOVERNMENT OR BY AN OFFICER DULY AUTHORIZED
BY  THE  GOVERNING BODY TO DO SO OR BY THE NEW YORK STATE MANDATE RELIEF
COUNCIL;

S. 5758--A                         38

  (B) AN IDENTIFICATION OF THE REGULATORY MANDATE WHICH IS  THE  SUBJECT
OF THE PETITION;
  (C)  INFORMATION  SUFFICIENT  TO  ESTABLISH  THAT  (I)  THE REGULATORY
MANDATE WILL IMPOSE A SIGNIFICANT COST ON THE LOCAL GOVERNMENT; (II) THE
LOCAL GOVERNMENT IS IN A FINANCIAL  EMERGENCY,  AS  DEFINED  IN  SECTION
85.00  OF  THE  LOCAL FINANCE LAW, OR HAS UNIQUE CIRCUMSTANCES SUCH THAT
THE REGULATORY MANDATE HAS AN IMPACT THAT IS MORE ADVERSE UPON  IT  THAN
UPON  MOST  OTHER  LOCAL GOVERNMENTS; (III) GRANTING THE WAIVER WILL NOT
HARM PUBLIC HEALTH OR SAFETY OR VIOLATE APPLICABLE FEDERAL REQUIREMENTS;
AND
  (D) THE NAME, PUBLIC OFFICE ADDRESS AND TELEPHONE NUMBER OF THE REPRE-
SENTATIVE OF THE LOCAL GOVERNMENT WHO WILL COORDINATE REQUESTS FOR ADDI-
TIONAL INFORMATION ON THE PETITION.
  3. THE AGENCY SHALL CAUSE A  NOTICE  OF  THE  WAIVER  PETITION  TO  BE
PUBLISHED  IN THE STATE REGISTER AND SHALL RECEIVE COMMENTS ON THE PETI-
TION FOR A PERIOD OF THIRTY DAYS. SUCH NOTICE SHALL EITHER  INCLUDE  THE
FULL  TEXT  OF THE INFORMATION SET FORTH IN THE WAIVER PETITION OR SHALL
SET FORTH THE ADDRESS OF A WEBSITE ON WHICH THE FULL TEXT HAS BEEN POST-
ED. THE NOTICE SHALL INCLUDE THE NAME, PUBLIC OFFICE ADDRESS  AND  TELE-
PHONE  NUMBER, AND MAY INCLUDE A FAX NUMBER AND ELECTRONIC MAIL ADDRESS,
OF AN AGENCY REPRESENTATIVE FROM  WHOM  ADDITIONAL  INFORMATION  ON  THE
PETITION  CAN  BE  OBTAINED  AND TO WHOM COMMENTS ON THE PETITION MAY BE
SUBMITTED.
  4. NOT LATER THAN THIRTY DAYS AFTER THE LAST DAY OF THE COMMENT  PERI-
OD,  THE  AGENCY  SHALL  APPROVE  OR  DISAPPROVE  THE  WAIVER  PETITION,
PROVIDED, HOWEVER, THAT NO WAIVER SHALL BE APPROVED WHICH  WOULD  RESULT
IN  THE  CONTRAVENTION  OF ANY ENVIRONMENTAL, HEALTH OR SAFETY STANDARD.
NOTICE OF THE AGENCY DETERMINATIONS SHALL BE PROVIDED IN WRITING TO  THE
LOCAL  GOVERNMENT  AND SHALL BE PUBLISHED IN THE STATE REGISTER. A LOCAL
GOVERNMENT THAT OBJECTS TO A STATE AGENCY  DETERMINATION  TO  MODIFY  OR
DISAPPROVE  A  PETITION MAY APPEAL IN WRITING TO THE GOVERNOR'S DIRECTOR
OF STATE OPERATIONS, WHO, UPON  REVIEW  OF  THE  AGENCY'S  FINDINGS  AND
DETERMINATION, MAY APPROVE, MODIFY OR DISAPPROVE THE PETITION.
  5.  UNLESS  THE  AGENCY  FINDS  IN  WRITING  THAT  A  LESSER PERIOD IS
WARRANTED, A WAIVER SHALL EXPIRE AND BE DEEMED REVOKED FIVE YEARS  AFTER
THE  APPROVAL  THEREOF. A LOCAL GOVERNMENT OR THE NEW YORK STATE MANDATE
RELIEF COUNCIL MAY SEEK AN EXTENSION OF AN EXPIRING WAIVER BY  FILING  A
NEW  WAIVER  PETITION  THAT MEETS THE REQUIREMENTS OF SUBDIVISION TWO OF
THIS SECTION. THE AGENCY SHALL REVIEW ANY SUCH  PETITION  IN  ACCORDANCE
WITH THIS SECTION.
  6. A STATE AGENCY MAY RESCIND A WAIVER PRIOR TO THE EXPIRATION THEREOF
ONLY AFTER A HEARING, PROVIDED, HOWEVER, THAT THE AGENCY MAY SUSPEND ITS
APPROVAL  OF  A  PETITION  PRIOR TO A HEARING IF IT FINDS THAT IMMEDIATE
SUSPENSION IS NECESSARY TO ADDRESS AN IMMINENT THREAT TO HEALTH OR SAFE-
TY. NOTICE OF A HEARING MUST BE PROVIDED  TO  THE  PETITIONER  AT  LEAST
THIRTY  DAYS  PRIOR  TO  THE  HEARING AND MUST BE POSTED ON THE AGENCY'S
WEBSITE. SUCH NOTICE MUST STATE THE BASIS FOR THE AGENCY'S  DECISION  TO
SEEK  RESCISSION  AND  INFORM  THE  LOCAL GOVERNMENT THAT IT MAY REQUEST
INFORMATION RELIED UPON BY THE AGENCY IN MAKING ITS DETERMINATION, WHICH
INFORMATION MUST BE PROVIDED TO THE LOCAL GOVERNMENT AT LEAST SEVEN DAYS
IN ADVANCE OF THE HEARING. AFTER SUCH HEARING, THE  AGENCY  MAY  RESCIND
ITS  APPROVAL  UPON  A FINDING THAT THE LOCAL GOVERNMENT NO LONGER MEETS
THE REQUIREMENTS OF THIS SECTION.
  7. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, A WAIVER APPROVED BY AN
AGENCY PURSUANT TO THIS SECTION SHALL BE DEEMED  TO  LAWFULLY  MEET  ALL
REQUIREMENTS  OF  THE  REGULATORY MANDATE. ANY ACTION ON A PETITION BY A

S. 5758--A                         39

STATE  AGENCY  SHALL  BE  SUBJECT  TO   REVIEW   PURSUANT   TO   ARTICLE
SEVENTY-EIGHT OF THE CIVIL PRACTICE LAW AND RULES.
  S  8.  Subdivision  3  of section 103 of the general municipal law, as
amended by chapter 343 of the laws  of  2007,  is  amended  to  read  as
follows:
  3.  Notwithstanding the provisions of subdivision one of this section,
any officer, board or agency  of  a  political  subdivision  or  of  any
district therein authorized to make purchases of materials, equipment or
supplies,  or  to contract for services, may make such purchases, or may
contract for services, [other than services subject to article eight  or
nine  of the labor law,] when available, through the county in which the
political subdivision or district is located or through any county with-
in the state subject to the rules established  pursuant  to  subdivision
two of section four hundred eight-a of the county law; provided that the
political subdivision or district for which such officer, board or agen-
cy  acts shall accept sole responsibility for any payment due the vendor
or contractor. All purchases and all contracts for such  services  shall
be  subject  to  audit  and  inspection  by the political subdivision or
district for which made. Prior to making such purchases or contracts the
officer, board or agency shall  consider  whether  such  contracts  will
result in cost savings after all factors, including charges for service,
material, and delivery, have been considered. No officer, board or agen-
cy  of a political subdivision or of any district therein shall make any
purchase or contract for any such services through the county  in  which
the  political  subdivision or district is located or through any county
within the state when bids have been received for such purchase or  such
services  by  such officer, board or agency, unless such purchase may be
made or the contract for such services may be entered into upon the same
terms, conditions and specifications at a lower price through the  coun-
ty.
  S 9. Section 103 of the general municipal law is amended by adding two
new subdivisions 1-b and 14 to read as follows:
  1-B.  A  POLITICAL  SUBDIVISION OR ANY DISTRICT THEREIN SHALL HAVE THE
OPTION OF PURCHASING INFORMATION TECHNOLOGY AND TELECOMMUNICATIONS HARD-
WARE, SOFTWARE AND PROFESSIONAL SERVICES THROUGH COOPERATIVE  PURCHASING
PERMISSIBLE PURSUANT TO FEDERAL GENERAL SERVICES ADMINISTRATION INFORMA-
TION  TECHNOLOGY SCHEDULE SEVENTY OR ANY SUCCESSOR SCHEDULE. A POLITICAL
SUBDIVISION OR ANY  DISTRICT  THEREIN  THAT  PURCHASES  THROUGH  GENERAL
SERVICES  ADMINISTRATION  SCHEDULE  SEVENTY,  INFORMATION TECHNOLOGY AND
CONSOLIDATED SCHEDULE  CONTRACTS  SHALL  COMPLY  WITH  FEDERAL  SCHEDULE
ORDERING  PROCEDURES  AS  PROVIDED  IN  FEDERAL  ACQUISITION  REGULATION
8.405-1 OR 8.405-2 OR SUCCESSOR REGULATIONS,  WHICHEVER  IS  APPLICABLE.
ADHERENCE  TO  SUCH  PROCEDURES  SHALL  CONSTITUTE  COMPLIANCE  WITH THE
COMPETITIVE BIDDING REQUIREMENTS UNDER THIS SECTION.
  14. NOTWITHSTANDING THE PROVISIONS OF SUBDIVISION ONE OF THIS  SECTION
AND  IN  ADDITION TO THE PROVISIONS OF SUBDIVISION THREE OF THIS SECTION
AND SECTION ONE HUNDRED FOUR OF THIS  ARTICLE,  ANY  OFFICER,  BOARD  OR
AGENCY  OF A POLITICAL SUBDIVISION OR OF ANY DISTRICT THEREIN AUTHORIZED
TO MAKE PURCHASES OF SERVICES, MATERIALS,  EQUIPMENT  AND  SUPPLIES  MAY
MAKE  SUCH PURCHASES AS MAY BE REQUIRED BY SUCH POLITICAL SUBDIVISION OR
ANY DISTRICT THEREIN THROUGH THE USE OF A  CONTRACT  LET  BY  ANY  OTHER
STATE  OR  POLITICAL  SUBDIVISION IF SUCH CONTRACT WAS LET IN ACCORDANCE
WITH COMPETITIVE BIDDING AND WAGE REQUIREMENTS THAT ARE CONSISTENT  WITH
THIS  SECTION  AND WITH THE INTENT OF EXTENDING ITS USE TO CERTAIN OTHER
GOVERNMENTAL ENTITIES. PRIOR TO MAKING SUCH A  PURCHASE,  THE  GOVERNING
BOARD OF THE POLITICAL SUBDIVISION OR DISTRICT MAKING THE PURCHASE SHALL

S. 5758--A                         40

DETERMINE,  UPON REVIEW OF ANY NECESSARY DOCUMENTATION AND, AS APPROPRI-
ATE, UPON ADVICE OF ITS COUNSEL, THAT THE REQUIREMENTS OF THIS  SUBDIVI-
SION HAVE BEEN MET, AND SHALL CERTIFY, BY RESOLUTION, THAT SUCH PURCHASE
IS  PERMITTED UNDER THE PROCUREMENT POLICIES AND PROCEDURES OF THE POLI-
TICAL SUBDIVISION OR DISTRICT, ADOPTED PURSUANT TO SECTION  ONE  HUNDRED
FOUR-B OF THIS ARTICLE.
  S  10. Section 104 of the general municipal law, as amended by chapter
137 of the laws of 2008, is amended to read as follows:
  S 104. Purchase through office of general  services;  CERTAIN  FEDERAL
CONTRACTS.  1.  Notwithstanding  the  provisions  of section one hundred
three of this article or of any other general, special or local law, any
officer, board or agency of a political subdivision, of a district ther-
ein, of a fire company or of a voluntary ambulance service authorized to
make purchases of materials, equipment, food products, or  supplies,  or
services  available  pursuant  to sections one hundred sixty-one and one
hundred sixty-seven of the state finance law, may make  such  purchases,
except  of  printed  material,  through  the  office of general services
subject to such rules as may be established from time to  time  pursuant
to  sections  one hundred sixty-three and one hundred sixty-seven of the
state finance law [or through the general services administration pursu-
ant to section 1555 of the federal acquisition streamlining act of 1994,
P.L. 103-355]; provided that any such purchase shall exceed five hundred
dollars and that the political subdivision, district,  fire  company  or
voluntary ambulance service for which such officer, board or agency acts
shall  accept  sole  responsibility  for any payment due the vendor. All
purchases shall be subject to audit  and  inspection  by  the  political
subdivision,  district,  fire company or voluntary ambulance service for
which made. No officer, board or agency of a political subdivision, or a
district therein, of a fire company or of a voluntary ambulance  service
shall make any purchase through such office when bids have been received
for such purchase by such officer, board or agency, unless such purchase
may  be  made  upon  the  same terms, conditions and specifications at a
lower price through such office. Two or more fire companies or voluntary
ambulance services  may  join  in  making  purchases  pursuant  to  this
section,  and  for  the  purposes  of  this section such groups shall be
deemed "fire companies or voluntary ambulance services."
  2. NOTWITHSTANDING THE PROVISIONS OF SECTION ONE HUNDRED THREE OF THIS
ARTICLE OR OF ANY OTHER GENERAL, SPECIAL  OR  LOCAL  LAW,  ANY  OFFICER,
BOARD  OR  AGENCY  OF A POLITICAL SUBDIVISION, OR OF A DISTRICT THEREIN,
MAY MAKE PURCHASES FROM FEDERAL GENERAL  SERVICE  ADMINISTRATION  SUPPLY
SCHEDULES  PURSUANT  TO  SECTION  211 OF THE FEDERAL E-GOVERNMENT ACT OF
2002, P.L. 107-347, AND PURSUANT TO SECTION 1122 OF THE NATIONAL DEFENSE
AUTHORIZATION ACT FOR FISCAL YEAR 1994, P.L. 103-160, OR  ANY  SUCCESSOR
SCHEDULES  IN  ACCORDANCE  WITH PROCEDURES ESTABLISHED PURSUANT THERETO.
PRIOR TO MAKING SUCH  PURCHASES  THE  OFFICER,  BOARD  OR  AGENCY  SHALL
CONSIDER  WHETHER  SUCH  PURCHASES WILL RESULT IN COST SAVINGS AFTER ALL
FACTORS, INCLUDING CHARGES FOR SERVICE,  MATERIAL,  AND  DELIVERY,  HAVE
BEEN CONSIDERED.
  S 11.  Subdivision 2 of section 408-a of the county law, as amended by
section  2  of  part  X of chapter 62 of the laws of 2003, is amended to
read as follows:
  2. The board of supervisors may, in the case of any purchase  contract
or  any  contract  for services, [other than services subject to article
eight or nine of the labor law,] of the county  to  be  awarded  to  the
lowest  responsible  bidder  after advertisement for bids, authorize the
inclusion of a provision whereby purchases may be made or such  services

S. 5758--A                         41

may be obtained under such contract by any political subdivision or fire
company  (as  both  are  defined  in  section one hundred of the general
municipal law) or district. In such event, the board shall  adopt  rules
prescribing  the  conditions  under  which,  and  the  manner  in which,
purchases may be made or services may  be  obtained  by  such  political
subdivision, fire company or district.
  S  12.  Subdivisions 3 and 5 of section 97-g of the state finance law,
subdivision 3 as amended by section 45 of part K of chapter  81  of  the
laws  of  2002  and subdivision 5 as added by chapter 710 of the laws of
1964, are amended to read as follows:
  3. Moneys of the fund shall be available to the commissioner of gener-
al services for the purchase of food, supplies and equipment for  [state
institutions  and other] state agencies, and for the purpose of furnish-
ing or providing centralized services to or for [state institutions  and
other] state agencies; PROVIDED FURTHER THAT SUCH MONEYS SHALL BE AVAIL-
ABLE  TO  THE  COMMISSIONER OF GENERAL SERVICES FOR PURPOSES PURSUANT TO
ITEMS (D) AND (F) OF SUBDIVISION FOUR OF THIS SECTION TO  OR  FOR  POLI-
TICAL  SUBDIVISIONS. Beginning the first day of April, two thousand two,
moneys in such fund shall also be transferred by the  state  comptroller
to the revenue bond tax fund account of the general debt service fund in
amounts  equal  to those required for payments to authorized issuers for
revenue bonds issued pursuant to article five-C of this chapter for  the
purpose  of  lease  purchases  and installment purchases by or for state
agencies and institutions for personal or real property purposes.
  5. The amount expended from such fund for  the  above-stated  purposes
shall  be charged against the [state institution or] agency OR POLITICAL
SUBDIVISIONS ABOVE receiving such food, supplies, equipment and services
and all payments received therefor shall be credited to such fund.
  S 12-a. Subdivision 4 of section 97-g of the  state  finance  law,  as
amended  by  chapter  410  of  the  laws  of 2009, is amended to read as
follows:
  4. The term "centralized services" as used in this section shall  mean
and  include  only  (a) communications services, (b) mail, messenger and
reproduction services,  (c)  computer  services,  (d)  fuels,  including
natural  gas,  hydrogen, biofuels and gasoline, and automotive services,
(e) renovation and maintenance services, (f) purchases  of  electricity,
renewable  energy, renewable energy credits or attributes from the power
authority of the state of New York and, in consultation with  the  power
authority of the state of New York, from other suppliers, (g) real prop-
erty management services, (h) building design and construction services,
(i)  parking  services,  (j) distribution of United States department of
agriculture donated foods to eligible recipients, pursuant to all appli-
cable statutes and regulations,  (k)  distribution  of  federal  surplus
property  donations  to  all eligible recipients, pursuant to applicable
statutes and regulations, and (l)  payments  and  related  services  for
lease  purchases  and installment purchases by or for state agencies and
institutions for personal property purposes financed through  the  issu-
ance of certificates of participation. The services defined in items (a)
through  (C),  (E), (G) AND (h) of this subdivision shall be provided to
state agencies and institutions only.
  S 12-b. Subdivision 4 of section 97-g of the  state  finance  law,  as
amended  by  chapter  577  of  the  laws  of 1988, is amended to read as
follows:
  4. The term "centralized services" as used in this section shall  mean
and  include  only  (a) communications services, (b) mail, messenger and
reproduction services, (c) computer services, (d) gasoline  and  automo-

S. 5758--A                         42

tive services, (e) renovation and maintenance services, (f) purchases of
electricity  from the power authority of the state of New York, (g) real
property management  services,  (h)  building  design  and  construction
services,  (i)  parking  services,  (j)  distribution  of  United States
department of agriculture donated foods to eligible recipients, pursuant
to all applicable statutes and regulations, (k) distribution of  federal
surplus  property  donations  to  all  eligible  recipients, pursuant to
applicable  statutes  and  regulations  and  (l)  payments  and  related
services  for  lease purchases and installment purchases by or for state
agencies  and  institutions  for  personal  property  purposes  financed
through  the  issuance  of  certificates  of participation. The services
defined in items (a) through (C), (E), (G) AND (h) of  this  subdivision
shall be provided to state agencies and institutions only.
  S 13. Intentionally omitted.
  S 14. Intentionally omitted.
  S 15. Intentionally omitted.
  S 16. Intentionally omitted.
  S  17.  The education law is amended by adding a new section 1527-c to
read as follows:
  S 1527-C. SHARED SUPERINTENDENT  PROGRAM.  NOTWITHSTANDING  ANY  OTHER
PROVISION  OF  LAW,  RULE  OR  REGULATION TO THE CONTRARY, THE GOVERNING
BOARD OF A SCHOOL DISTRICT WITH AN ENROLLMENT OF LESS THAN ONE  THOUSAND
STUDENTS IN THE PREVIOUS YEAR SHALL BE AUTHORIZED TO ENTER INTO A SCHOOL
SUPERINTENDENT  SHARING CONTRACT WITH NO MORE THAN TWO ADDITIONAL SCHOOL
DISTRICTS EACH OF WHICH HAVE FEWER THAN ONE THOUSAND IN ENROLLED  PUPILS
IN  THE  PREVIOUS  YEAR. EACH SHARED SUPERINTENDENT ARRANGEMENT SHALL BE
GOVERNED BY THE BOARDS OF EDUCATION OF THE SCHOOL DISTRICTS  PARTICIPAT-
ING  IN  THE  SHARED CONTRACT. PROVIDED HOWEVER, THAT THIS SECTION SHALL
NOT BE CONSTRUED TO ALTER, AFFECT  OR  IMPAIR  ANY  EMPLOYMENT  CONTRACT
WHICH  IS  IN EFFECT ON OR BEFORE JULY FIRST, TWO THOUSAND THIRTEEN. ANY
SCHOOL DISTRICT WHICH HAS ENTERED INTO A SCHOOL  SUPERINTENDENT  SHARING
PROGRAM  WILL CONTINUE TO BE ELIGIBLE TO COMPLETE SUCH CONTRACT NOTWITH-
STANDING THAT THE ENROLLMENT OF THE SCHOOL DISTRICT EXCEEDED  ONE  THOU-
SAND STUDENTS AFTER ENTERING INTO A SHARED SUPERINTENDENT CONTRACT.
  S 18. Intentionally omitted.
  S  19.   S 19. Subdivision 6 of section 2.30 of the criminal procedure
law, as amended by chapter 491 of the laws of 2010, is amended  to  read
as follows:
  6.  A certificate attesting to satisfactory completion of the training
requirements imposed under this section awarded to any peace officer  by
the [executive director] CHAIRMAN of the municipal police training coun-
cil pursuant to this section shall remain valid:
  (a) during the holder's continuous service as a peace officer; and
  (b)  for  [two]  FIVE  years  after the date of the commencement of an
interruption in such service where the holder had, immediately prior  to
such  interruption, served as a peace officer [for less than two consec-
utive years; or
  (c) for four years after the date of the  commencement  of  an  inter-
ruption  in such service where the holder had, immediately prior to such
interruption, served as a peace officer for  two  consecutive  years  or
longer].
  As  used  in  this  subdivision,  the term "interruption" shall mean a
period of separation from employment as a peace  officer  by  reason  of
such  officer's  leave  of  absence,  resignation or removal, other than
removal for cause.

S. 5758--A                         43

  S 19-a. Subdivisions 1 and 1-a of section 209-q of the general munici-
pal law, subdivision 1 as amended by chapter 735 of the  laws  of  1988,
paragraphs (b) and (c) of subdivision 1 as amended by chapter 551 of the
laws  of 2001 and subdivision 1-a as added by chapter 671 of the laws of
1967, are amended to read as follows:
  1. (a) Notwithstanding the provisions of any general, special or local
law  or  charter  to  the  contrary, no person shall[, after July first,
nineteen hundred sixty,] receive an original appointment on a  permanent
basis  as  a police officer of any county, city, town, village or police
district unless such person has previously been awarded a certificate by
the [executive director] CHAIRMAN of the municipal police training coun-
cil created under article thirty-five of the executive law, attesting to
his OR HER satisfactory completion of an approved municipal police basic
training program; and every person who  is  appointed  [on  a  temporary
basis  or for a probationary term or on other than a permanent basis] as
a police officer [of any county, city, town, village or police district]
shall forfeit his OR HER position as such unless he  OR  SHE  previously
has  satisfactorily  completed,  or  within the time prescribed by regu-
lations promulgated by the governor pursuant to  section  eight  hundred
forty-two  of  the  executive  law,  satisfactorily  completes[,  a]  AN
APPROVED municipal police  basic  training  program  [for  temporary  or
probationary  police  officers]  and  is  awarded  a certificate by such
[director] CHAIRMAN attesting thereto.
  (b) A certificate attesting to satisfactory completion of an  approved
municipal police basic training program awarded by the [executive direc-
tor]  CHAIRMAN of the municipal police training council pursuant to this
subdivision shall remain valid:
  (i) during the holder's continuous service as  a  police  officer  [or
peace  officer  who  has  an  equivalency certificate for police officer
training or an approved course for state university of New  York  public
safety  officers  issued in accordance with subdivision three of section
eight hundred forty-one of the executive law]; and
  (ii) for [two] FIVE years after the date of  the  commencement  of  an
interruption  in such service where the holder had, immediately prior to
such interruption, served as a police officer [or peace officer who  has
an  equivalency  certificate  for police officer training or an approved
course for state university of New York public safety officers issued in
accordance with subdivision three of section eight hundred forty-one  of
the executive law, for less than two consecutive years]; or
  (iii)  [for four years after the date of the commencement of an inter-
ruption in such service where the holder had, immediately prior to  such
interruption,  served  as  a  police officer or peace officer who has an
equivalency certificate for  police  officer  training  or  an  approved
course for state university of New York public safety officers issued in
accordance  with subdivision three of section eight hundred forty-one of
the executive law, for two consecutive years or longer; or
  (iv)] where the holder, whose interruption in continuous service as  a
police  officer  does not exceed ten years, has satisfactorily completed
an approved police officer refresher course [or where a  peace  officer,
who  seeks  an equivalency certificate for police officer training or an
approved course for state university of New York public safety  officers
issued  in  accordance  with  subdivision three of section eight hundred
forty-one of the executive law, has  satisfactorily  completed  relevant
police  officer training courses,] as prescribed by the municipal police
training council.

S. 5758--A                         44

  (c) As used in this subdivision, the term "interruption" shall mean  a
period of separation from employment as a police officer [or peace offi-
cer who has an equivalency certificate for police officer training or an
approved  course for state university of New York public safety officers
issued  in  accordance  with  subdivision three of section eight hundred
forty-one of the executive law,] by reason of such  officer's  leave  of
absence, resignation or removal, other than removal for cause.
  1-a.  Notwithstanding  the provisions of any general, special or local
law or charter, the promotion of any  police  officer  to  a  first-line
supervisory  position  [on  or after July first, nineteen hundred sixty-
seven,] shall not become permanent unless such police officer has previ-
ously been awarded a certificate by the [executive director] CHAIRMAN of
the municipal police training council created under article [nineteen-f]
THIRTY-FIVE of the executive law, attesting to his OR  HER  satisfactory
completion  of an approved course in police supervision as prescribed by
the municipal  police  training  council.  Any  police  officer  who  is
promoted  on any basis to a first-line supervisory position [on or after
July first, nineteen hundred sixty-seven] shall forfeit  such  promotion
unless  he OR SHE previously has satisfactorily completed, or within the
time prescribed by regulations promulgated by the governor  pursuant  to
section [four hundred eighty-four] EIGHT HUNDRED FORTY-TWO of the execu-
tive  law  satisfactorily  completes,  the  prescribed  course in police
supervision and is awarded a certificate  by  such  [director]  CHAIRMAN
attesting thereto.
  S 20. Section 60.27 of the penal law is amended by adding a new subdi-
vision 15 to read as follows:
  15.  IF  THE  OFFENSE  OF  WHICH  A  PERSON IS CONVICTED IS DEFINED IN
SECTION 165.71, 165.72, 165.73 OR ARTICLE TWO  HUNDRED  SEVENTY-FIVE  OF
THIS  CHAPTER,  AND  A LAW ENFORCEMENT AGENCY OR OTHER PUBLIC ENTITY HAS
EXPENDED FUNDS FOR THE PURPOSE OF STORING  AND/OR  DESTROYING  GOODS  OR
ARTICLES  SEIZED  IN  CONNECTION WITH SUCH OFFENSE, THEN NOTWITHSTANDING
THE PROVISIONS OF PARAGRAPH (A) OF SUBDIVISION  FIVE  OF  THIS  SECTION,
SAID  AGENCY  OR OTHER PUBLIC ENTITY SHALL BE ENTITLED TO RESTITUTION OF
THE REASONABLE COST OF SUCH STORAGE AND/OR DESTRUCTION, LESS THE  AMOUNT
OF ANY FUNDS WHICH HAVE BEEN OR ARE ANTICIPATED TO BE RECOVERED FROM ANY
OTHER  SOURCE. ANY LAW ENFORCEMENT AGENCY OR OTHER PUBLIC ENTITY SEEKING
RESTITUTION PURSUANT TO THIS SUBDIVISION  SHALL  FILE  WITH  THE  COURT,
DISTRICT  ATTORNEY  AND  DEFENSE  COUNSEL  AN AFFIDAVIT STATING THAT THE
COSTS FOR WHICH RESTITUTION IS BEING SOUGHT HAVE NOT BEEN  AND  ARE  NOT
ANTICIPATED  TO BE RECOVERED FROM ANY OTHER SOURCE OR IN ANY OTHER CIVIL
OR CRIMINAL PROCEEDING.
  S 21. Section 165.70 of the penal law  is  amended  by  adding  a  new
subdivision 5 to read as follows:
  5.  THE  TERM  "REPRESENTATIVE  SAMPLE" MEANS A MINIMUM OF ONE HUNDRED
TWENTY-FIVE PERCENT OF THE AMOUNT OF GOODS THAT IS REQUIRED TO  SUBSTAN-
TIATE THE HIGHEST DEGREE OF THE OFFENSE THAT MAY BE CHARGED IN THE ACCU-
SATORY  INSTRUMENT,  AS  DETERMINED BY THE AGENCY HAVING CUSTODY OF SUCH
GOODS.
  S 22. Section 165.74 of the penal law is REPEALED and  a  new  section
165.74 is added to read as follows:
S  165.74  SEIZURE  AND  DESTRUCTION OF GOODS BEARING COUNTERFEIT TRADE-
MARKS.
  1. ANY GOODS MANUFACTURED, SOLD,  OFFERED  FOR  SALE,  DISTRIBUTED  OR
PRODUCED  IN VIOLATION OF THIS ARTICLE MAY BE SEIZED BY ANY POLICE OFFI-
CER, OR BY ANY PEACE OFFICER ACTING WITHIN HIS OR HER LAWFUL AUTHORITY.

S. 5758--A                         45

  2. IF THE DEFENDANT REQUESTS A  HEARING  AT  ARRAIGNMENT  PURSUANT  TO
SUBDIVISION  TEN  OF SECTION 170.10, SUBDIVISION SEVEN OF SECTION 180.10
OR SUBDIVISION FOUR OF SECTION 210.15 OF THE CRIMINAL PROCEDURE LAW,  OR
IF  ANY OTHER PERSON TIMELY REQUESTS SUCH A HEARING PURSUANT TO SUBDIVI-
SION  FIVE  OF  THIS  SECTION,  THE COURT MUST, WITHIN FORTY-EIGHT HOURS
AFTER ARRAIGNMENT OF THE DEFENDANT OR  WITHIN  FORTY-EIGHT  HOURS  OF  A
REQUEST  FOR  A HEARING PURSUANT TO PARAGRAPH (A) OF SUBDIVISION FIVE OF
THIS SECTION, WHICHEVER IS LATER, HOLD A HEARING AND  DETERMINE  WHETHER
PROBABLE  CAUSE EXISTS TO BELIEVE THAT GOODS SEIZED PURSUANT TO SUBDIVI-
SION ONE OF THIS SECTION WERE  MANUFACTURED,  SOLD,  OFFERED  FOR  SALE,
DISTRIBUTED  OR  PRODUCED  IN  VIOLATION OF THIS ARTICLE. THE HEARING TO
MAKE SUCH DETERMINATION SHALL BE CONCLUDED AND SUCH DETERMINATION  SHALL
BE  MADE WITHIN FORTY-EIGHT HOURS AFTER THE COMMENCEMENT OF THE HEARING,
PROVIDED THAT FOR GOOD CAUSE THE COURT MAY EXTENT THE TIME WITHIN  WHICH
TO HOLD OR CONCLUDE SUCH HEARING.
  3.  (A)  IF  A HEARING IS REQUIRED PURSUANT TO SUBDIVISION TWO OF THIS
SECTION, AND THE COURT, AFTER SUCH HEARING, FINDS THAT  NOTICE  PURSUANT
TO  PARAGRAPH  (B) OF SUBDIVISION FIVE OF THIS SECTION, IF REQUIRED, HAS
BEEN PROVIDED AND THAT PROBABLE CAUSE EXISTS TO BELIEVE THAT SUCH  GOODS
WERE  MANUFACTURED,  SOLD,  OFFERED FOR SALE, DISTRIBUTED OR PRODUCED IN
VIOLATION OF THIS ARTICLE, THE COURT SHALL  AUTHORIZE  THAT  ALL  BUT  A
REPRESENTATIVE  SAMPLE  OF  SUCH  GOODS  MAY  BE DESTROYED BY THE AGENCY
HAVING CUSTODY OF THE SEIZED GOODS. NOTWITHSTANDING  THE  FOREGOING,  IF
THE COURT FURTHER FINDS THAT A SUBSTANTIAL ISSUE OF FACT HAS BEEN RAISED
WHETHER  SUCH  GOODS WERE MANUFACTURED, SOLD, OFFERED FOR SALE, DISTRIB-
UTED, OR PRODUCED IN VIOLATION OF THIS ARTICLE, THE COURT SHALL  REQUIRE
THAT SUCH GOODS BE RETAINED AS EVIDENCE PENDING THE TRIAL OF THE DEFEND-
ANT  OR  OTHER  DISPOSITION  OF  THE  CRIMINAL PROCEEDINGS INVOLVING THE
DEFENDANT.
  (B) IF A HEARING IS NOT REQUIRED PURSUANT TO SUBDIVISION TWO  OF  THIS
SECTION, THE AGENCY HAVING CUSTODY OF SEIZED GOODS MAY DESTROY ALL BUT A
REPRESENTATIVE  SAMPLE  OF  SUCH  GOODS IN ACCORDANCE WITH THIS SECTION,
PROVIDED THAT NOTICE PURSUANT TO PARAGRAPH (B) OF  SUBDIVISION  FIVE  OF
THIS SECTION, IF REQUIRED, HAS BEEN PROVIDED AND ANY TIME FOR REQUESTING
SUCH HEARING HAS EXPIRED.
  4.  PRIOR  TO  THE  DESTRUCTION OF GOODS IN EXCESS OF A REPRESENTATIVE
SAMPLE PURSUANT TO SUBDIVISION THREE OF THIS SECTION, THE AGENCY  HAVING
CUSTODY  OF SEIZED GOODS SHALL PHOTOGRAPH, VIDEOTAPE OR OTHERWISE RECORD
SUCH GOODS IN A MANNER THAT REASONABLY PORTRAYS THEIR QUANTITY AND CHAR-
ACTER AND IDENTIFIES THE CASE OR ARREST  TO  WHICH  SUCH  GOODS  RELATE.
WHERE THE GOODS SEIZED CONSIST OF ITEMS OF APPAREL OR FOOTWEAR BEARING A
COUNTERFEIT  TRADEMARK,  WITH THE CONSENT OF THE HOLDER OF THE TRADEMARK
THE GOODS MAY BE RELEASED BY SUCH AGENCY HAVING CUSTODY OF SEIZED  GOODS
TO  THE  HOLDER OF THE TRADEMARK OR A CHARITABLE ORGANIZATION AUTHORIZED
TO RECEIVE SUCH GOODS BY THE HOLDER OF THE TRADEMARK RATHER  THAN  BEING
DESTROYED PURSUANT TO THIS SECTION. SUCH AGENCY SHALL NOT BE REQUIRED TO
REMOVE  THE  COUNTERFEIT  TRADEMARK  OR OTHERWISE ALTER THE GOODS BEFORE
RELEASE PURSUANT TO THIS SUBDIVISION. EXCEPT AS PROVIDED IN THIS  SUBDI-
VISION,  DESTRUCTION  SHALL NOT INCLUDE AUCTION, SALE OR DISTRIBUTION OF
THE GOODS IN THEIR ORIGINAL FORM.
  5. (A) A PERSON OTHER THAN THE DEFENDANT MAY REQUEST A HEARING IN  THE
COURT  HAVING  JURISDICTION  OVER  A CRIMINAL PROCEEDING RELATING TO THE
DEFENDANT TO DETERMINE WHETHER PROBABLE CAUSE  EXISTS  TO  BELIEVE  THAT
GOODS  SEIZED  PURSUANT TO SUBDIVISION ONE OF THIS SECTION WERE MANUFAC-
TURED, SOLD, OFFERED FOR SALE, DISTRIBUTED, OR PRODUCED IN VIOLATION  OF
THIS  ARTICLE  BY  (I)  CALLING THE TELEPHONE NUMBER, AS PROVIDED IN THE

S. 5758--A                         46

NOTICE REQUIRED BY PARAGRAPH (B) OF  THIS  SUBDIVISION,  DURING  REGULAR
BUSINESS  HOURS  WITHIN  TWO BUSINESS DAYS OF THE DATE OF SUCH NOTICE OR
FIVE CALENDAR DAYS OF THE DATE OF  THE  NOTICE  WHERE  NOTICE  HAS  BEEN
PROVIDED  BY  FIRST  CLASS  MAIL OR HAS BEEN PROVIDED PURSUANT TO CLAUSE
(III) OF SUBPARAGRAPH TWO OF PARAGRAPH (B) OF THIS SUBDIVISION, OR  (II)
CONTACTING  THE  DESIGNATED  PERSON  OR  UNIT  WITHIN  THE OFFICE OF THE
DISTRICT ATTORNEY IN THE COUNTY WHERE THE GOODS WERE SEIZED DURING REGU-
LAR BUSINESS HOURS WITHIN TWO BUSINESS DAYS OF THE DATE OF THE  SEIZURE,
OR  FIVE  CALENDAR  DAYS  OF SUCH DATE WHERE NOTICE HAS BEEN PROVIDED BY
FIRST CLASS MAIL OR PURSUANT TO CLAUSE (III) OF SUCH SUBPARAGRAPH.  SUCH
PERSON REQUESTING A HEARING SHALL PROVIDE A SWORN STATEMENT AT OR BEFORE
THE HEARING DECLARING THAT HE OR SHE HAS A FINANCIAL OR OWNERSHIP INTER-
EST IN GOODS THAT ARE THE SUBJECT OF SUCH HEARING.
  (B)  (1) NOTICE REQUIRED PURSUANT TO THIS PARAGRAPH AT A MINIMUM SHALL
INDICATE THE FOLLOWING:  (I)  THAT  THE  SEIZED  GOODS  ARE  SUBJECT  TO
DESTRUCTION PURSUANT TO THIS SECTION; (II) THAT ANY PERSON MAY REQUEST A
HEARING,  AS PROVIDED IN PARAGRAPH (A) OF THIS SUBDIVISION, TO DETERMINE
WHETHER PROBABLE CAUSE EXISTS TO BELIEVE  THAT  THE  SEIZED  GOODS  WERE
MANUFACTURED,  SOLD,  OFFERED  FOR  SALE,  DISTRIBUTED  OR  PRODUCED  IN
VIOLATION OF THIS ARTICLE; (III) THAT SUCH PERSON MUST PROVIDE  A  SWORN
STATEMENT AT OR BEFORE THE HEARING DECLARING THAT HE OR SHE HAS A FINAN-
CIAL OR OWNERSHIP INTEREST IN THE SEIZED GOODS; AND (IV) THAT FAILURE TO
TIMELY  REQUEST  SUCH  HEARING  OR PROVIDE SUCH SWORN STATEMENT SHALL BE
DEEMED A WAIVER OF THE RIGHT TO  CHALLENGE  THE  DESTRUCTION  OF  SEIZED
GOODS  IN  ANY CRIMINAL OR CIVIL ACTION OR PROCEEDING. SUCH NOTICE SHALL
PROVIDE A TELEPHONE NUMBER THAT A PERSON MAY CALL DURING  REGULAR  BUSI-
NESS HOURS TO REQUEST A HEARING.
  (2)  NOTICE  REQUIRED  PURSUANT TO THIS PARAGRAPH SHALL BE PROVIDED AS
FOLLOWS: (I) IF ANY OF THE GOODS TO BE DESTROYED PURSUANT TO SUBDIVISION
THREE OF THIS SECTION WERE SEIZED  FROM  A  PREMISES,  NOTICE  SHALL  BE
CONSPICUOUSLY  AFFIXED TO A DOOR OR OTHER LOCATION REASONABLY CALCULATED
TO BE VISIBLE TO A PERSON ENTERING THE AREA FROM WHICH  THE  GOODS  WERE
SEIZED;  (II) IF ANY SUCH GOODS WERE SEIZED FROM A VEHICLE, NOTICE SHALL
BE CONSPICUOUSLY AFFIXED TO THE VEHICLE OR LEFT INSIDE SUCH VEHICLE  AND
MAILED  BY FIRST CLASS MAIL TO THE VEHICLE'S REGISTERED OWNER; AND (III)
IF ANY PERSON IS KNOWN TO HAVE A FINANCIAL OR OWNERSHIP INTEREST IN  THE
SEIZED  GOODS, NOTICE SHALL BE PROVIDED BY A MEANS REASONABLY CALCULATED
TO CONVEY THE INFORMATION SET FORTH IN SUBPARAGRAPH ONE  OF  THIS  PARA-
GRAPH.
  6.  FAILURE OF ANY PERSON TO TIMELY REQUEST A HEARING PURSUANT TO THIS
SECTION OR PROVIDE A SWORN STATEMENT AS REQUIRED  BY  PARAGRAPH  (A)  OF
SUBDIVISION  FIVE  OF  THIS  SECTION  SHALL  BE  DEEMED A WAIVER OF SUCH
PERSON'S RIGHT TO CHALLENGE THE DESTRUCTION OF ANY SEIZED GOODS  IN  ANY
CRIMINAL OR CIVIL ACTION OR PROCEEDING.
  7.  UPON  FINAL  DETERMINATION  OF  THE CHARGES, THE COURT SHALL, UPON
PROPER NOTICE BY THE DISTRICT ATTORNEY OR REPRESENTATIVE  OF  THE  CRIME
VICTIM  OR  VICTIMS,  AFTER  PRIOR  NOTICE  TO THE DISTRICT ATTORNEY AND
CUSTODIAN OF THE SEIZED PROPERTY, ENTER AN ORDER PRESERVING ANY  OF  THE
GOODS  MANUFACTURED,  SOLD, OFFERED FOR SALE, DISTRIBUTED OR PRODUCED IN
VIOLATION OF THIS ARTICLE, NOT OTHERWISE DESTROYED OR  PERMITTED  TO  BE
DESTROYED PURSUANT TO SUBDIVISION THREE OF THIS SECTION, AS EVIDENCE FOR
USE  IN  OTHER  CASES,  INCLUDING  A  CIVIL  ACTION. THIS NOTICE MUST BE
RECEIVED WITHIN THIRTY DAYS OF FINAL DETERMINATION OF THE  CHARGES.  THE
COST  OF STORAGE, SECURITY AND DESTRUCTION OF GOODS SO ORDERED FOR PRES-
ERVATION, OTHER THAN FOR A CIVIL ACTION UNDER ARTICLE THIRTEEN-A OF  THE
CIVIL  PRACTICE  LAW AND RULES INITIATED BY THE DISTRICT ATTORNEY, SHALL

S. 5758--A                         47

BE PAID BY THE PARTY SEEKING SUCH PRESERVATION.  IF  NO  SUCH  ORDER  IS
ENTERED WITHIN THE THIRTY DAY PERIOD, SUCH GOODS MAY BE DESTROYED BY THE
AGENCY  HAVING  CUSTODY OF SUCH GOODS. WHERE SUCH GOODS CONSIST OF ITEMS
OF APPAREL OR FOOTWEAR BEARING A COUNTERFEIT TRADEMARK, WITH THE CONSENT
OF  THE HOLDER OF THE TRADEMARK THE GOODS MAY BE RELEASED BY SUCH AGENCY
HAVING CUSTODY OF SEIZED GOODS TO THE HOLDER OF THE TRADEMARK OR A CHAR-
ITABLE ORGANIZATION AUTHORIZED TO RECEIVE SUCH GOODS BY  THE  HOLDER  OF
THE TRADEMARK RATHER THAN BEING DESTROYED PURSUANT TO THIS SECTION. SUCH
AGENCY  SHALL  NOT  BE  REQUIRED  TO REMOVE THE COUNTERFEIT TRADEMARK OR
OTHERWISE ALTER THE GOODS BEFORE RELEASE PURSUANT TO  THIS  SUBDIVISION.
EXCEPT  AS  PROVIDED  IN THIS SUBDIVISION, DESTRUCTION SHALL NOT INCLUDE
AUCTION, SALE OR DISTRIBUTION OF THE GOODS IN THEIR ORIGINAL FORM.
  8. EXCEPT AS PROVIDED IN SUBDIVISION SEVEN OF THIS SECTION, NOTHING IN
THIS SECTION SHALL PROHIBIT THE DESTRUCTION OR OTHER DISPOSITION, PURSU-
ANT TO ANY OTHER APPLICABLE PROVISION OF STATE OR LOCAL  LAW,  OF  GOODS
SEIZED  PURSUANT  TO  SUBDIVISION  ONE OF THIS SECTION WHERE THERE IS NO
ONGOING CRIMINAL PROCEEDING THAT HAS BEEN COMMENCED IN RELATION TO  SUCH
GOODS.
  S  23.  Section  420.00 of the penal law is REPEALED and a new section
420.00 is added to read as follows:
S 420.00 SEIZURE AND DESTRUCTION OF UNAUTHORIZED RECORDINGS.
  1. ANY ARTICLE MANUFACTURED, SOLD, OFFERED FOR  SALE,  DISTRIBUTED  OR
PRODUCED  IN VIOLATION OF ARTICLE TWO HUNDRED SEVENTY-FIVE OF THIS CHAP-
TER MAY BE SEIZED BY ANY POLICE OFFICER, OR BY ANY PEACE OFFICER  ACTING
WITHIN HIS OR HER LAWFUL AUTHORITY.
  2.  IF  THE  DEFENDANT  REQUESTS  A HEARING AT ARRAIGNMENT PURSUANT TO
SUBDIVISION TEN OF SECTION 170.10, SUBDIVISION SEVEN OF  SECTION  180.10
OR  SUBDIVISION FOUR OF SECTION 210.15 OF THE CRIMINAL PROCEDURE LAW, OR
IF ANY OTHER PERSON TIMELY REQUESTS SUCH A HEARING PURSUANT TO  SUBDIVI-
SION  FIVE  OF  THIS  SECTION,  THE COURT MUST, WITHIN FORTY-EIGHT HOURS
AFTER ARRAIGNMENT OF THE DEFENDANT OR  WITHIN  FORTY-EIGHT  HOURS  OF  A
REQUEST  FOR  A HEARING PURSUANT TO PARAGRAPH (A) OF SUBDIVISION FIVE OF
THIS SECTION, WHICHEVER IS LATER, HOLD A HEARING AND  DETERMINE  WHETHER
PROBABLE  CAUSE  EXISTS  TO BELIEVE THAT THE ARTICLES SEIZED PURSUANT TO
SUBDIVISION ONE OF THIS SECTION WERE  MANUFACTURED,  SOLD,  OFFERED  FOR
SALE, DISTRIBUTED OR PRODUCED IN VIOLATION OF ARTICLE TWO HUNDRED SEVEN-
TY-FIVE OF THIS CHAPTER. THE HEARING TO MAKE SUCH DETERMINATION SHALL BE
CONCLUDED  AND SUCH DETERMINATION SHALL BE MADE WITHIN FORTY-EIGHT HOURS
AFTER THE COMMENCEMENT OF THE HEARING, PROVIDED THAT FOR GOOD CAUSE  THE
COURT  MAY EXTEND THE TIME WITHIN WHICH TO HOLD OR CONCLUDE SUCH HEARING
OR MAKE SUCH DETERMINATION.
  3. (A) IF A HEARING IS REQUIRED PURSUANT TO SUBDIVISION  TWO  OF  THIS
SECTION,  AND  THE COURT, AFTER SUCH HEARING, FINDS THAT NOTICE PURSUANT
TO PARAGRAPH (B) OF SUBDIVISION FIVE OF THIS SECTION, IF  REQUIRED,  HAS
BEEN  PROVIDED AND THAT PROBABLE CAUSE EXISTS TO BELIEVE THAT SUCH ARTI-
CLES WERE MANUFACTURED, SOLD, OFFERED FOR SALE, DISTRIBUTED OR  PRODUCED
IN  VIOLATION  OF  ARTICLE TWO HUNDRED SEVENTY-FIVE OF THIS CHAPTER, THE
COURT SHALL AUTHORIZE THAT ALL BUT A REPRESENTATIVE SAMPLE OF SUCH ARTI-
CLES MAY BE DESTROYED BY THE AGENCY HAVING CUSTODY OF THE  SEIZED  ARTI-
CLES.  NOTWITHSTANDING  THE FOREGOING, IF THE COURT FURTHER FINDS THAT A
SUBSTANTIAL ISSUE OF FACT HAS BEEN RAISED  WHETHER  SUCH  ARTICLES  WERE
MANUFACTURED,  SOLD,  OFFERED  FOR  SALE,  DISTRIBUTED,  OR  PRODUCED IN
VIOLATION OF ARTICLE TWO HUNDRED SEVENTY-FIVE OF THIS CHAPTER, THE COURT
SHALL REQUIRE THAT SUCH ARTICLES BE RETAINED  AS  EVIDENCE  PENDING  THE
TRIAL  OF THE DEFENDANT OR OTHER DISPOSITION OF THE CRIMINAL PROCEEDINGS
INVOLVING THE DEFENDANT.

S. 5758--A                         48

  (B) IF A HEARING IS NOT REQUIRED PURSUANT TO SUBDIVISION TWO  OF  THIS
SECTION, THE AGENCY HAVING CUSTODY OF SEIZED GOODS MAY DESTROY ALL BUT A
REPRESENTATIVE  SAMPLE OF SUCH ARTICLES IN ACCORDANCE WITH THIS SECTION,
PROVIDED THAT NOTICE PURSUANT TO PARAGRAPH (B) OF  SUBDIVISION  FIVE  OF
THIS SECTION, IF REQUIRED, HAS BEEN PROVIDED AND ANY TIME FOR REQUESTING
SUCH HEARING HAS EXPIRED.
  4.  PRIOR TO THE DESTRUCTION OF ARTICLES IN EXCESS OF A REPRESENTATIVE
SAMPLE  PURSUANT TO SUBDIVISION THREE OF THIS SECTION, THE AGENCY HAVING
CUSTODY OF SEIZED ARTICLES  SHALL  PHOTOGRAPH,  VIDEOTAPE  OR  OTHERWISE
RECORD SUCH ARTICLES IN A MANNER THAT REASONABLY PORTRAYS THEIR QUANTITY
AND  CHARACTER  AND IDENTIFIES THE CASE OR ARREST TO WHICH SUCH ARTICLES
RELATE.
  5. (A) A PERSON OTHER THAN THE DEFENDANT MAY REQUEST A HEARING IN  THE
COURT  HAVING  JURISDICTION  OVER  A CRIMINAL PROCEEDING RELATING TO THE
DEFENDANT TO DETERMINE WHETHER PROBABLE CAUSE  EXISTS  TO  BELIEVE  THAT
ARTICLES  SEIZED  PURSUANT TO SUBDIVISION ONE OF THIS SECTION WERE MANU-
FACTURED, SOLD, OFFERED FOR SALE, DISTRIBUTED, OR PRODUCED IN  VIOLATION
OF  ARTICLE  TWO HUNDRED SEVENTY-FIVE OF THIS CHAPTER BY (I) CALLING THE
TELEPHONE NUMBER, AS PROVIDED IN THE NOTICE REQUIRED BY PARAGRAPH (B) OF
THIS SUBDIVISION, DURING REGULAR BUSINESS HOURS WITHIN TWO BUSINESS DAYS
OF THE DATE OF SUCH NOTICE OR WITHIN FIVE CALENDAR  DAYS  OF  SUCH  DATE
WHERE NOTICE HAS BEEN PROVIDED BY FIRST CLASS MAIL OR PURSUANT TO CLAUSE
(III)  OF SUBPARAGRAPH TWO OF PARAGRAPH (B) OF THIS SUBDIVISION, OR (II)
CONTACTING THE DESIGNATED PERSON  OR  UNIT  WITHIN  THE  OFFICE  OF  THE
DISTRICT  ATTORNEY  IN  THE COUNTY WHERE THE ARTICLES WERE SEIZED DURING
REGULAR BUSINESS HOURS WITHIN TWO BUSINESS  DAYS  OF  THE  DATE  OF  THE
SEIZURE, OR WITHIN FIVE CALENDAR DAYS OF SUCH DATE WHERE NOTICE HAS BEEN
PROVIDED BY FIRST CLASS MAIL OR PURSUANT TO CLAUSE (III) OF SUCH SUBPAR-
AGRAPH. SUCH PERSON REQUESTING A HEARING SHALL PROVIDE A SWORN STATEMENT
AT  OR  BEFORE  THE  HEARING DECLARING THAT HE OR SHE HAS A FINANCIAL OR
OWNERSHIP INTEREST IN ARTICLES THAT ARE THE SUBJECT OF SUCH HEARING.
  (B) (1) NOTICE REQUIRED PURSUANT TO THIS PARAGRAPH AT A MINIMUM  SHALL
INDICATE  THE  FOLLOWING:  (I)  THAT  THE SEIZED ARTICLES ARE SUBJECT TO
DESTRUCTION PURSUANT TO THIS SECTION; (II) THAT ANY PERSON MAY REQUEST A
HEARING, AS PROVIDED IN PARAGRAPH (A) OF THIS SUBDIVISION, TO  DETERMINE
WHETHER  PROBABLE  CAUSE EXISTS TO BELIEVE THAT THE SEIZED ARTICLES WERE
MANUFACTURED,  SOLD,  OFFERED  FOR  SALE,  DISTRIBUTED  OR  PRODUCED  IN
VIOLATION  OF  ARTICLE  TWO  HUNDRED SEVENTY-FIVE OF THIS CHAPTER; (III)
THAT SUCH PERSON MUST PROVIDE A SWORN STATEMENT AT OR BEFORE THE HEARING
DECLARING THAT HE OR SHE HAS A FINANCIAL OR OWNERSHIP  INTEREST  IN  THE
SEIZED ARTICLES; AND (IV) THAT FAILURE TO TIMELY REQUEST SUCH HEARING OR
PROVIDE  SUCH  SWORN  STATEMENT SHALL BE DEEMED A WAIVER OF THE RIGHT TO
CHALLENGE THE DESTRUCTION OF SEIZED ARTICLES IN ANY  CRIMINAL  OR  CIVIL
ACTION  OR PROCEEDING. SUCH NOTICE SHALL PROVIDE A TELEPHONE NUMBER THAT
A PERSON MAY CALL DURING REGULAR BUSINESS HOURS TO REQUEST A HEARING.
  (2) NOTICE REQUIRED PURSUANT TO THIS PARAGRAPH SHALL  BE  PROVIDED  AS
FOLLOWS: (I) IF ANY OF THE ARTICLES TO BE DESTROYED PURSUANT TO SUBDIVI-
SION  THREE OF THIS SECTION WERE SEIZED FROM A PREMISES, NOTICE SHALL BE
CONSPICUOUSLY AFFIXED TO A DOOR OR OTHER LOCATION REASONABLY  CALCULATED
TO BE VISIBLE TO A PERSON ENTERING THE AREA FROM WHICH THE ARTICLES WERE
SEIZED;  (II)  IF  ANY  SUCH ARTICLES WERE SEIZED FROM A VEHICLE, NOTICE
SHALL BE CONSPICUOUSLY AFFIXED TO THE VEHICLE OR LEFT INSIDE SUCH  VEHI-
CLE  AND  MAILED  BY FIRST CLASS MAIL TO THE VEHICLE'S REGISTERED OWNER;
AND (III) IF ANY PERSON IS KNOWN TO HAVE A FINANCIAL OR OWNERSHIP INTER-
EST IN THE SEIZED GOODS, NOTICE SHALL BE PROVIDED BY A MEANS  REASONABLY

S. 5758--A                         49

CALCULATED  TO  CONVEY  THE INFORMATION SET FORTH IN SUBPARAGRAPH ONE OF
THIS PARAGRAPH.
  6.  FAILURE OF ANY PERSON TO TIMELY REQUEST A HEARING PURSUANT TO THIS
SECTION OR PROVIDE A SWORN STATEMENT AS REQUIRED  BY  PARAGRAPH  (A)  OF
SUBDIVISION  FIVE  OF  THIS  SECTION  SHALL  BE  DEEMED A WAIVER OF SUCH
PERSON'S RIGHT TO CHALLENGE THE DESTRUCTION OF ANY  SEIZED  ARTICLES  IN
ANY CRIMINAL OR CIVIL ACTION OR PROCEEDING.
  7.  UPON  FINAL  DETERMINATION  OF  THE CHARGES, THE COURT SHALL, UPON
PROPER NOTICE BY THE DISTRICT ATTORNEY OR REPRESENTATIVE  OF  THE  CRIME
VICTIM  OR  VICTIMS,  AFTER  PRIOR  NOTICE  TO THE DISTRICT ATTORNEY AND
CUSTODIAN OF THE SEIZED PROPERTY, ENTER AN ORDER PRESERVING ANY  OF  THE
ARTICLES  MANUFACTURED,  SOLD, OFFERED FOR SALE, DISTRIBUTED OR PRODUCED
IN VIOLATION OF ARTICLE TWO HUNDRED SEVENTY-FIVE OF  THIS  CHAPTER,  NOT
OTHERWISE DESTROYED OR PERMITTED TO BE DESTROYED PURSUANT TO SUBDIVISION
THREE  OF  THIS SECTION, AS EVIDENCE FOR USE IN OTHER CASES, INCLUDING A
CIVIL ACTION. THIS NOTICE MUST BE RECEIVED WITHIN THIRTY DAYS  OF  FINAL
DETERMINATION  OF  THE  CHARGES.  THE  COST    OF  STORAGE, SECURITY AND
DESTRUCTION OF ARTICLES SO ORDERED FOR PRESERVATION, OTHER  THAN  FOR  A
CIVIL  ACTION  UNDER  ARTICLE  THIRTEEN-A  OF THE CIVIL PRACTICE LAW AND
RULES INITIATED BY THE DISTRICT ATTORNEY, SHALL BE  PAID  BY  THE  PARTY
SEEKING SUCH PRESERVATION. IF NO SUCH ORDER IS ENTERED WITHIN THE THIRTY
DAY  PERIOD, SUCH ARTICLES MAY BE DESTROYED BY THE AGENCY HAVING CUSTODY
OF SUCH  ARTICLES.  DESTRUCTION  SHALL  NOT  INCLUDE  AUCTION,  SALE  OR
DISTRIBUTION OF THE ARTICLES IN THEIR ORIGINAL FORM.
  8. EXCEPT AS PROVIDED IN SUBDIVISION SEVEN OF THIS SECTION, NOTHING IN
THIS SECTION SHALL PROHIBIT THE DESTRUCTION OR OTHER DISPOSITION, PURSU-
ANT TO ANY OTHER APPLICABLE PROVISION OF STATE OR LOCAL LAW, OR ARTICLES
SEIZED  PURSUANT  TO  SUBDIVISION ONE OF THIS SECTION, WHERE THERE IS NO
ONGOING CRIMINAL PROCEEDING THAT HAS BEEN COMMENCED IN RELATION TO  SUCH
ARTICLES.
  9.  FOR  PURPOSES  OF  THIS  SECTION, THE TERM "REPRESENTATIVE SAMPLE"
MEANS A MINIMUM OF ONE HUNDRED TWENTY-FIVE  PERCENT  OF  THE  AMOUNT  OF
ARTICLES  THAT  IS  REQUIRED  TO  SUBSTANTIATE THE HIGHEST DEGREE OF THE
OFFENSE THAT MAY BE CHARGED IN THE ACCUSATORY INSTRUMENT.
  S 24. Section 170.10 of the  criminal  procedure  law  is  amended  by
adding a new subdivision 10 to read as follows:
  10.  WHERE  A  VIOLATION  OF SECTION 165.71, 275.05, 275.15, 275.25 OR
275.35 OF THE PENAL LAW IS ALLEGED, THE COURT SHALL INFORM THE DEFENDANT
AT ARRAIGNMENT THAT (A) HE OR SHE MAY REQUEST  A  HEARING  TO  DETERMINE
WHETHER  PROBABLE CAUSE EXISTS TO BELIEVE THAT ANY SEIZED GOODS OR ARTI-
CLES THAT ARE THE SUBJECT OF SUCH ALLEGED VIOLATION  WERE  MANUFACTURED,
SOLD, OFFERED FOR SALE, DISTRIBUTED OR PRODUCED IN VIOLATION OF ANY SUCH
SECTION,  AND (B) FAILURE TO REQUEST SUCH A HEARING AT ARRAIGNMENT SHALL
BE  DEEMED  A  WAIVER  OF  SUCH  DEFENDANT'S  RIGHT  TO  CHALLENGE   THE
DESTRUCTION  OF  THE  GOODS  OR  ARTICLES  PURSUANT TO SECTION 165.74 OR
420.00 OF THE PENAL LAW IN ANY CRIMINAL OR CIVIL ACTION  OR  PROCEEDING.
SUCH HEARING SHALL BE CONDUCTED IN ACCORDANCE WITH SECTION 165.74 OF THE
PENAL LAW, WITH RESPECT TO A VIOLATION OF SECTION 165.71 OF SUCH LAW, OR
SECTION  420.00  OF  THE  PENAL  LAW,  WITH  RESPECT TO ANY VIOLATION OF
SECTION 275.05, 275.15, 275.25 OR 275.35 OF SUCH LAW.
  S 25. Section 180.10 of the  criminal  procedure  law  is  amended  by
adding a new subdivision 7 to read as follows:
  7.  WHERE  A  VIOLATION  OF  SECTION  165.71,  165.72, 165.73, 275.05,
275.10, 275.15, 275.20, 275.25, 275.30, 275.35 OR 275.40  OF  THE  PENAL
LAW IS ALLEGED, THE COURT SHALL INFORM THE DEFENDANT AT ARRAIGNMENT THAT
(A)  HE OR SHE MAY REQUEST A HEARING TO DETERMINE WHETHER PROBABLE CAUSE

S. 5758--A                         50

EXISTS TO BELIEVE THAT ANY SEIZED GOODS OR ARTICLES THAT ARE THE SUBJECT
OF SUCH ALLEGED VIOLATION WERE MANUFACTURED,  SOLD,  OFFERED  FOR  SALE,
DISTRIBUTED  OR PRODUCED IN VIOLATION OF ANY SUCH SECTION, AND (B) FAIL-
URE TO REQUEST SUCH A HEARING AT ARRAIGNMENT SHALL BE DEEMED A WAIVER OF
SUCH  DEFENDANT'S  RIGHT  TO  CHALLENGE  THE DESTRUCTION OF THE GOODS OR
ARTICLES PURSUANT TO SECTION 165.74 OR 420.00 OF THE PENAL  LAW  IN  ANY
CRIMINAL  OR CIVIL ACTION OR PROCEEDING. SUCH HEARING SHALL BE CONDUCTED
IN ACCORDANCE WITH SECTION 165.74 OF THE PENAL LAW, WITH  RESPECT  TO  A
VIOLATION  OF SECTION 165.72 OR 165.73 OF SUCH LAW, OR SECTION 420.00 OF
THE PENAL LAW, WITH RESPECT TO ANY VIOLATION OF SECTION 275.10,  275.20,
275.30 OR 275.40 OF SUCH LAW.
  S  26.  Section  210.15  of  the  criminal procedure law is amended by
adding a new subdivision 4 to read as follows:
  4. WHERE A  VIOLATION  OF  SECTION  165.71,  165.72,  165.73,  275.05,
275.10,  275.15,  275.20,  275.25, 275.30, 275.35 OR 275.40 OF THE PENAL
LAW IS ALLEGED, THE COURT SHALL INFORM THE DEFENDANT AT ARRAIGNMENT THAT
(A) HE OR SHE MAY REQUEST A HEARING TO DETERMINE WHETHER PROBABLE  CAUSE
EXISTS TO BELIEVE THAT ANY SEIZED GOODS OR ARTICLES THAT ARE THE SUBJECT
OF  SUCH  ALLEGED  VIOLATION  WERE MANUFACTURED, SOLD, OFFERED FOR SALE,
DISTRIBUTED OR PRODUCED IN VIOLATION OF ANY SUCH SECTION, AND (B)  FAIL-
URE TO REQUEST SUCH A HEARING AT ARRAIGNMENT SHALL BE DEEMED A WAIVER OF
SUCH  DEFENDANT'S  RIGHT  TO  CHALLENGE  THE DESTRUCTION OF THE GOODS OR
ARTICLES PURSUANT TO SECTION 165.74 OR 420.00 OF THE PENAL  LAW  IN  ANY
CRIMINAL  OR CIVIL ACTION OR PROCEEDING. SUCH HEARING SHALL BE CONDUCTED
IN ACCORDANCE WITH SECTION 165.74 OF THE PENAL LAW, WITH  RESPECT  TO  A
VIOLATION  OF  SECTION  165.71, 165.72 OR 165.73 OF SUCH LAW, OR SECTION
420.00 OF THE PENAL LAW,  WITH  RESPECT  TO  ANY  VIOLATION  OF  SECTION
275.05, 275.10, 275.15, 275.20, 275.25, 275.30, 275.35 OR 275.40 OF SUCH
LAW.
  S  27.  Paragraph  (c) of subdivision 6 of section 367-a of the social
services law is amended by adding a new subparagraph  (iv)  to  read  as
follows:
  (IV)  THE  CO-PAYMENT FOR EMERGENCY ROOM SERVICES PROVIDED FOR NON-UR-
GENT OR NON-EMERGENCY MEDICAL CARE  SHALL  BE  FIFTY  DOLLARS;  PROVIDED
HOWEVER  THAT  CO-PAYMENTS  PURSUANT  TO  THIS SUBPARAGRAPH SHALL NOT BE
REQUIRED WITH RESPECT TO EMERGENCY SERVICES OR FAMILY PLANNING  SERVICES
AND SUPPLIES.
  S 28. Subdivision 2-a of section 369-ee of the social services law, as
amended  by  section  26 of part E of chapter 63 of the laws of 2005, is
amended to read as follows:
  2-a. Co-payments. Subject to federal approval pursuant to  subdivision
six of this section, persons receiving family health plus coverage under
this section shall be responsible to make co-payments in accordance with
the  terms  of subdivision six of section three hundred sixty-seven-a of
this article, including those individuals  who  are  otherwise  exempted
under  the  provisions of subparagraph (iv) of paragraph (b) of subdivi-
sion six  of  section  three  hundred  sixty-seven-a  of  this  article,
provided  however, that notwithstanding the provisions of paragraphs (c)
and (d) of such subdivision:
  (i) co-payments charged for each generic prescription  drug  dispensed
shall  be  three  dollars  and  for  each  brand  name prescription drug
dispensed shall be six dollars;
  (ii) the co-payment charged for each dental  service  visit  shall  be
five  dollars,  provided  that no enrollee shall be required to pay more
than twenty-five dollars per year in co-payments  for  dental  services;
[and]

S. 5758--A                         51

  (iii)  the co-payment for clinic services and physician services shall
be five dollars; AND
  (IV)  THE  CO-PAYMENT FOR EMERGENCY ROOM SERVICES PROVIDED FOR NON-UR-
GENT OR NON-EMERGENCY MEDICAL CARE  SHALL  BE  FIFTY  DOLLARS;  PROVIDED
HOWEVER  THAT  CO-PAYMENTS  PURSUANT  TO  THIS  PARAGRAPH  SHALL  NOT BE
REQUIRED WITH RESPECT TO EMERGENCY SERVICES OR FAMILY PLANNING  SERVICES
AND SUPPLIES; and provided further that the limitations in paragraph (f)
of such subdivision shall not apply.
  S  29.  Subdivision  1  of  section  190 of the tax law, as amended by
section 17 of part B of chapter 58 of the laws of 2004,  is  amended  to
read as follows:
  1.  General.  A  taxpayer  shall  be  allowed a credit against the tax
imposed by this article, other  than  the  taxes  and  fees  imposed  by
sections  one hundred eighty and one hundred eighty-one of this article,
equal to [twenty] SEVENTY-FIVE percent of the premium  paid  during  the
taxable  year [for] IN WHICH THE long-term care insurance WAS PURCHASED,
FIFTY PERCENT OF THE PREMIUM PAID IN THE FOLLOWING YEAR AND  TWENTY-FIVE
PERCENT  OF  THE PREMIUM PAID IN THE THIRD YEAR. In order to qualify for
such credit, the taxpayer's premium payment must be for the purchase  of
or  for continuing coverage under a long-term care insurance policy that
qualifies for such credit pursuant to section one thousand  one  hundred
seventeen of the insurance law.
  S 30. Paragraph 1 of subsection (aa) of section 606 of the tax law, as
amended  by  section  1  of part P of chapter 61 of the laws of 2005, is
amended to read as follows:
  (1) Residents. A taxpayer shall be allowed a credit  against  the  tax
imposed  by  this  article equal to [twenty] SEVENTY-FIVE percent of the
premium paid during the taxable year [for] IN WHICH THE  long-term  care
insurance  WAS  PURCHASED,  FIFTY  PERCENT  OF  THE  PREMIUM PAID IN THE
FOLLOWING YEAR AND TWENTY-FIVE PERCENT OF THE PREMIUM PAID IN THE  THIRD
YEAR.  In  order  to  qualify  for  such  credit, the taxpayer's premium
payment must be for the purchase of or for continuing coverage  under  a
long-term  care insurance policy that qualifies for such credit pursuant
to section one thousand one hundred seventeen of the insurance  law.  If
the amount of the credit allowable under this subsection for any taxable
year  shall  exceed  the taxpayer's tax for such year, the excess may be
carried over to the following year or years and may be deducted from the
taxpayer's tax for such year or years.
  S 31. Paragraph 1 of subsection (k) of section 1456 of the tax law, as
amended by section 20 of part B of chapter 58 of the laws  of  2004,  is
amended to read as follows:
  (1)  A  taxpayer  shall be allowed a credit against the tax imposed by
this article equal to [twenty] SEVENTY-FIVE percent of the premium  paid
during  the taxable year [for] IN WHICH THE long-term care insurance WAS
PURCHASED, FIFTY PERCENT OF THE PREMIUM PAID IN THE FOLLOWING  YEAR  AND
TWENTY-FIVE  PERCENT  OF THE PREMIUM PAID IN THE THIRD YEAR. In order to
qualify for such credit, the taxpayer's premium payment must be for  the
purchase  of or for continuing coverage under a long-term care insurance
policy that qualifies for such credit pursuant to section  one  thousand
one hundred seventeen of the insurance law.
  S  32.  Paragraph 1 of subdivision (m) of section 1511 of the tax law,
as amended by section 21 of part B of chapter 58 of the laws of 2004, is
amended to read as follows:
  (1) A taxpayer shall be allowed a credit against the  tax  imposed  by
this  article equal to [twenty] SEVENTY-FIVE percent of the premium paid
during the taxable year [for] IN WHICH THE long-term care insurance  WAS

S. 5758--A                         52

PURCHASED,  FIFTY  PERCENT OF THE PREMIUM PAID IN THE FOLLOWING YEAR AND
TWENTY-FIVE PERCENT OF THE PREMIUM PAID IN THE THIRD YEAR. In  order  to
qualify  for such credit, the taxpayer's premium payment must be for the
purchase  of or for continuing coverage under a long-term care insurance
policy that qualifies for such credit pursuant to section  one  thousand
one hundred seventeen of the insurance law.
  S 33. Paragraph (a) of subdivision 25-a of section 210 of the tax law,
as amended by section 18 of part B of chapter 58 of the laws of 2004, is
amended to read as follows:
  (a)  A  taxpayer  shall be allowed a credit against the tax imposed by
this article equal to [twenty] SEVENTY-FIVE percent of the premium  paid
during  the taxable year [for] IN WHICH THE long-term care insurance WAS
PURCHASED, FIFTY PERCENT OF THE PREMIUM PAID IN THE FOLLOWING  YEAR  AND
TWENTY-FIVE  PERCENT  OF THE PREMIUM PAID IN THE THIRD YEAR. In order to
qualify for such credit, the taxpayer's premium payment must be for  the
purchase  of or for continuing coverage under a long-term care insurance
policy that qualifies for such credit pursuant to section  one  thousand
one hundred seventeen of the insurance law.
  S  34. Section 367-f of the social services law is amended by adding a
new subdivision 4 to read as follows:
  4. THE DEPARTMENT OF HEALTH  IS  HEREBY  AUTHORIZED  AND  DIRECTED  TO
SUBMIT  TO THE FEDERAL DEPARTMENT OF HEALTH AND HUMAN SERVICES A REQUEST
FOR THE AMENDMENT OF THE PLAN FOR MEDICAL  ASSISTANCE,  WHICH  IS  MAIN-
TAINED  IN  ACCORDANCE  WITH  TITLE  XIX, OR ANY SUCCESSOR TITLE, OF THE
FEDERAL SOCIAL SECURITY ACT, TO ADOPT ANY AND ALL STANDARDS THAT MAY  BE
DEVELOPED  BY THE FEDERAL DEPARTMENT OF HEALTH AND HUMAN SERVICES PURSU-
ANT TO SECTION 6021(B) OF THE FEDERAL DEFICIT REDUCTION ACT OF 2005, FOR
UNIFORM RECIPROCAL RECOGNITION  OF  LONG-TERM  CARE  INSURANCE  POLICIES
PURCHASED  UNDER  STATE  LONG-TERM  CARE  INSURANCE PARTNERSHIPS.   SUCH
REQUEST SHALL BE MADE WITHIN SIX MONTHS  OF  THE  PROMULGATION  OF  SUCH
STANDARDS  BY  THE FEDERAL DEPARTMENT OF HEALTH AND HUMAN SERVICES, AND,
EXCEPT AS REQUIRED BY SUCH STANDARDS, SUCH UNIFORM  RECIPROCAL  RECOGNI-
TION  OF LONG-TERM CARE INSURANCE POLICIES SHALL APPLY WITHOUT REGARD TO
WHEN A POLICY IS ISSUED.
  S 35. Section 3229 of the insurance law is amended  by  adding  a  new
subsection (c) to read as follows:
  (C) THE SUPERINTENDENT SHALL ADOPT SUCH RULES OR REGULATIONS, OR AMEND
SUCH  RULES  AND  REGULATIONS,  AS  MAY  BE  NECESSARY TO CONFORM TO THE
REQUIREMENTS OF ANY AMENDMENT TO THE PLAN FOR MEDICAL ASSISTANCE,  WHICH
IS  MAINTAINED  IN ACCORDANCE WITH TITLE XIX, OR ANY SUCCESSOR TITLE, OF
THE FEDERAL SOCIAL SECURITY ACT, MADE PURSUANT TO  SUBDIVISION  FOUR  OF
SECTION THREE HUNDRED SIXTY-SEVEN-F OF THE SOCIAL SERVICES LAW.
  S 36. Subdivision 4 of section 1950 of the education law is amended by
adding a new paragraph oo to read as follows:
  OO.  FORM  HEALTH  INSURANCE TRUSTS WITH COMPONENT SCHOOL DISTRICTS OR
DISTRICTS OF CHILDREN WHO RESIDE WITHIN THE BOARD OF COOPERATIVE  EDUCA-
TIONAL  SERVICES  TO PURCHASE AND ADMINISTER EMPLOYEES' HEALTH INSURANCE
AND WORKERS' COMPENSATION INSURANCE.
  S 37. Intentionally omitted.
  S 38. Intentionally omitted.
  S 39. Section 365-a of the social services law is amended by adding  a
new subdivision 10 to read as follows:
  10.  NOTWITHSTANDING  ANY INCONSISTENT PROVISION OF THIS SECTION OR OF
ANY OTHER PROVISION OF THIS CHAPTER OR  OTHER  LAW,  EACH  LOCAL  SOCIAL
SERVICES  DISTRICT  IS  HEREBY  AUTHORIZED  TO  DETERMINE WHICH, IF ANY,
SERVICES IT CHOOSES TO PROVIDE TO ELIGIBLE  PERSONS  OF  THOSE  SERVICES

S. 5758--A                         53

OTHERWISE  REQUIRED  TO  BE  PROVIDED  BY  APPLICABLE  STATE LAW BUT NOT
REQUIRED TO BE PROVIDED BY FEDERAL LAW.
  S  40.  Section  366 of the social services law is amended by adding a
new subdivision 10 to read as follows:
  10. NOTWITHSTANDING ANY INCONSISTENT PROVISION OF THIS SECTION  OR  OF
ANY  OTHER  PROVISION  OF  THIS  CHAPTER OR OTHER LAW, EACH LOCAL SOCIAL
SERVICES DISTRICT IS HEREBY AUTHORIZED TO DETERMINE TO  WHICH,  IF  ANY,
CATEGORIES  OF  ELIGIBILITY  IT  CHOOSES  TO  PROVIDE MEDICAL ASSISTANCE
OTHERWISE REQUIRED TO BE  PROVIDED  BY  APPLICABLE  STATE  LAW  BUT  NOT
REQUIRED TO BE PROVIDED BY FEDERAL LAW.
  S 41. The commissioner of health:
  1.   is authorized and directed to apply for any and all federal waiv-
ers required to implement the provisions of subdivision  10  of  section
365-a and subdivision 10 of section 366 of the social services law;
  2.  shall  promulgate  any  and all rules and regulations and take any
other measures necessary to implement this act, including but not limit-
ed to developing a services and eligibility plan  and  distributing  the
same  to local social services districts whereby such districts may make
such choices as are authorized by subdivision 10 of  section  365-a  and
subdivision  10  of  section 366 of the social services law, as added by
sections forty-two and  forty-three,  respectively,  of  this  act,  and
applicable federal waivers; and
  3.  shall  specify  dates by which such services and eligibility plans
must be returned to said commissioner for review and approval to  imple-
ment  such  plans. A district that does not have an approved plan by the
deadline set therefor by the commissioner shall provide all services and
categories of eligibility required under the state plan as in effect  at
that time.
  S 42. Section 22 of the social services law is amended by adding a new
subdivision 15 to read as follows:
  15.  THE  DEPARTMENT  SHALL PERMIT SOCIAL SERVICES DISTRICTS TO SUBMIT
THEIR EVIDENTIARY PACKAGES FOR ANY FAIR HEARING TO THE DEPARTMENT SOLELY
IN AN ELECTRONIC FORMAT AND SHALL PROVIDE THE MEANS  TO  FACILITATE  THE
SOCIAL  SERVICES  DISTRICTS'  USE  OF  ANY SUCH EVIDENTIARY PACKAGES FOR
THEIR EVIDENTIARY PRESENTATIONS AT THE FAIR HEARING.  NOTHING  CONTAINED
IN  THIS  SECTION SHALL REQUIRE A SOCIAL SERVICES DISTRICT TO SUBMIT ITS
EVIDENTIARY PACKAGE IN AN ELECTRONIC FORMAT, NOR SHALL A SOCIAL SERVICES
DISTRICT, OR ANY OTHER PARTY TO A FAIR HEARING, BE PRECLUDED FROM OFFER-
ING INTO EVIDENCE DOCUMENTATION IN PAPER FORMAT, REGARDLESS OF THE MEDI-
UM USED TO CREATE, TRANSMIT, AND DISPLAY THE EVIDENTIARY PACKAGE AT  THE
FAIR  HEARING. IN CASES WHERE A PERSON ENTITLED TO AN APPEAL PURSUANT TO
THIS SECTION REQUESTS A PAPER COPY OF  THE  EVIDENTIARY  PACKAGE  EITHER
BEFORE THE HEARING OR AT THE HEARING, THE SOCIAL SERVICES DISTRICT SHALL
PROVIDE SUCH PAPER COPY EVEN IF SUCH DISTRICT WILL UTILIZE AN ELECTRONIC
FORMAT  AT  THE  FAIR  HEARING.  REQUESTS MADE PRIOR TO THE FAIR HEARING
SHALL BE PROCESSED IN ACCORDANCE WITH THE REGULATIONS OF THE DEPARTMENT.
WHEN NOTIFYING A PERSON ENTITLED TO AN APPEAL TO THE DEPARTMENT  OF  THE
SCHEDULING  OF  A FAIR HEARING, THE DEPARTMENT SHALL STATE THAT ANY SUCH
PERSON MAY REQUEST ORALLY OR IN WRITING A PAPER COPY OF THE  EVIDENTIARY
PACKAGE  TO  BE  PRESENTED  BY  THE SOCIAL SERVICES DISTRICT AT THE FAIR
HEARING.
  S 43. The mental hygiene law is amended by adding a new section  29.28
to read as follows:
S 29.28 PAYMENT OF COSTS FOR PROSECUTION OF INMATE-PATIENTS.
  (A)  WHEN  AN INMATE-PATIENT, AS DEFINED IN SUBDIVISION (A) OF SECTION
29.27 OF THIS ARTICLE, WHO  WAS  COMMITTED  FROM  A  STATE  CORRECTIONAL

S. 5758--A                         54

FACILITY,  IS  ALLEGED TO HAVE COMMITTED AN OFFENSE WHILE IN THE CUSTODY
OF THE DEPARTMENT, THE DEPARTMENT OF CORRECTIONS  AND  COMMUNITY  SUPER-
VISION  SHALL  PAY  ALL  REASONABLE  COSTS  FOR  THE PROSECUTION OF SUCH
OFFENSE, INCLUDING BUT NOT LIMITED TO, COSTS FOR: A GRAND JURY IMPANELED
TO  HEAR  AND EXAMINE EVIDENCE OF SUCH OFFENSE, PETIT JURORS, WITNESSES,
THE DEFENSE OF ANY  INMATE  FINANCIALLY  UNABLE  TO  OBTAIN  COUNSEL  IN
ACCORDANCE WITH THE PROVISIONS OF THE COUNTY LAW, THE DISTRICT ATTORNEY,
THE COSTS OF THE SHERIFF AND THE APPOINTMENT OF ADDITIONAL COURT ATTEND-
ANTS, OFFICERS OR OTHER JUDICIAL PERSONNEL.
  (B)  IT  SHALL BE THE DUTY OF THE GOVERNING BODY OF ANY COUNTY WHEREIN
SUCH PROSECUTION OCCURS TO CAUSE A SWORN STATEMENT OF ALL  COSTS  TO  BE
FORWARDED  TO  THE DEPARTMENT. UPON CERTIFICATION BY THE DEPARTMENT THAT
SUCH COSTS AS AUTHORIZED BY THIS STATUTE HAVE BEEN INCURRED, THE DEPART-
MENT SHALL FORWARD THE PROPER VOUCHERS  TO  THE  STATE  COMPTROLLER.  IT
SHALL  BE  THE  DUTY OF THE COMPTROLLER TO EXAMINE SUCH STATEMENT AND TO
CORRECT SAME BY STRIKING THEREFROM ANY  AND  ALL  ITEMS  WHICH  ARE  NOT
AUTHORIZED PURSUANT TO THE PROVISIONS OF THIS SECTION AND AFTER CORRECT-
ING  SUCH  STATEMENT,  THE  COMPTROLLER  SHALL  DRAW HIS WARRANT FOR THE
AMOUNT OF ANY SUCH COSTS IN FAVOR OF THE APPROPRIATE  COUNTY  TREASURER,
WHICH  SUM  SHALL  BE  PAID  TO  SAID COUNTY TREASURER OUT OF ANY MONEYS
APPROPRIATED THEREFOR.
  (C) THE DEPARTMENT SHALL, AFTER CONSULTATION WITH THE DIRECTOR OF  THE
BUDGET,  PROMULGATE RULES AND REGULATIONS TO CARRY OUT THE PROVISIONS OF
THIS SECTION.
  S 44.  S 44. The highway law is amended by adding a new section  205-c
to read as follows:
  S 205-C. LOW VOLUME ROADS. 1. WHEN USED IN THIS SECTION, UNLESS OTHER-
WISE EXPRESSLY STATED, OR UNLESS THE CONTEXT OR SUBJECT MATTER OTHERWISE
REQUIRES, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
  A.  "LOW-VOLUME  ROAD"  SHALL  MEAN  A TOWN HIGHWAY OR PORTION THEREOF
LOCATED IN A TOWN, WHEN SUCH HIGHWAY HAS AN AVERAGE DAILY TRAFFIC  COUNT
OF  LESS  THAN  FOUR HUNDRED MOTOR VEHICLES PER DAY. SUCH TERM SHALL NOT
APPLY TO ANY HIGHWAY OR ROAD OR PORTION  THEREOF  WHICH  HAS  PREVIOUSLY
BEEN  ABANDONED  PURSUANT TO SUBDIVISION ONE OF SECTION TWO HUNDRED FIVE
OF THIS ARTICLE BECAUSE IT SHALL NOT HAVE BEEN USED  OR  TRAVELED  AS  A
HIGHWAY FOR SIX YEARS. LOW VOLUME ROADS MAY BE CLASSIFIED AS FOLLOWS:
  (I)  "LOW-VOLUME  COLLECTOR  ROAD"  SHALL  MEAN A LOW-VOLUME ROAD THAT
COLLECTS TRAFFIC FROM ANY OTHER CLASSIFICATION  AND  CHANNELS  IT  TO  A
HIGHER LEVEL ROAD, SUCH AS A STATE HIGHWAY, ARTERIAL OR INTERSTATE HIGH-
WAY.
  (II)  "RESIDENTIAL  ACCESS  ROAD"  SHALL  MEAN  A LOW-VOLUME ROAD THAT
PROVIDES ACCESS TO RESIDENCES THAT ARE  OCCUPIED  THROUGHOUT  THE  YEAR.
THE  TRAFFIC  GENERATED  DEPENDS ON THE NUMBER OF RESIDENCES. ACCESS FOR
EMERGENCY VEHICLES AND SCHOOL BUSES MUST BE PROVIDED.
  (III) "RESOURCE/INDUSTRIAL ACCESS ROAD" SHALL MEAN A  LOW-VOLUME  ROAD
THAT PROVIDES ACCESS TO FOREST, INDUSTRIAL OR MINING OPERATIONS. TRAFFIC
VOLUME CAN VARY AND INCLUDE HEAVY TRUCKS, EXTRACTIVE MACHINERY AND MOTOR
VEHICLES OPERATED BY EMPLOYEES OF SUCH OPERATION.
  (IV)  "AGRICULTURAL  ACCESS  ROAD"  SHALL  MEAN A LOW-VOLUME ROAD THAT
PROVIDES  ACCESS  TO  FARM  LAND.  TRAFFIC  VOLUMES  ARE  LOW  AND  VARY
SEASONALLY. SUCH ROADS SHALL ACCOMMODATE FARM EQUIPMENT.
  (V)  "FARM  ACCESS  ROAD"  SHALL  MEAN A LOW-VOLUME ROAD THAT PROVIDES
PRINCIPAL MOTOR VEHICLE ACCESS FOR THE TRANSPORT OF GOODS  AND  SERVICES
NECESSARY FOR EFFECTIVE SUPPORT OF A FARM'S DAILY OPERATIONS TO AND FROM
THE  PRIMARY  LOCATION  OR  CENTER OF SUCH OPERATIONS. TRAFFIC VOLUME IS
GENERALLY LOW, SIGNIFICANTLY LESS THAN FOUR HUNDRED MOTOR  VEHICLES  PER

S. 5758--A                         55

DAY,  AND  MAY  INCLUDE  OCCASIONAL HEAVY VEHICLES AND FARM EQUIPMENT AS
WELL AS OTHER MOTOR VEHICLES.
  (VI)  "RECREATION  ACCESS  ROAD"  SHALL  MEAN  A  LOW-VOLUME ROAD THAT
PROVIDES ACCESS TO RECREATIONAL LAND INCLUDING SEASONAL DWELLINGS, PARKS
AND RECREATIONAL LANDS. VOLUMES MAY VARY WITH  THE  TYPE  OF  RECREATION
FACILITY, ACTIVITY AND SEASON OF THE YEAR.
  B.  "MINIMUM MAINTENANCE ROAD" SHALL MEAN A LOW-VOLUME AGRICULTURAL OR
RECREATIONAL ACCESS ROAD OR PORTION THEREOF WITH AN AVERAGE DAILY  TRAF-
FIC  COUNT  OF  LESS THAN FIFTY MOTOR VEHICLES PER DAY DESIGNATED BY THE
TOWN AS MINIMUM MAINTENANCE PURSUANT TO THIS SECTION, EXCEPT FOR A  FARM
ACCESS  ROAD  OR  A  ROAD  WHICH PROVIDES ACCESS TO A RESIDENCE OCCUPIED
THROUGHOUT THE YEAR AT THE TIME IT IS PROPOSED TO BE DESIGNATED  MINIMUM
MAINTENANCE.    THE TERM "MINIMUM MAINTENANCE" SHALL NOT BE CONSTRUED TO
MEAN "NO MAINTENANCE" OR  "ABANDONMENT",  HOWEVER,  SUCH  ROADS  MAY  BE
CLOSED  DURING CERTAIN TIMES OF THE YEAR SUBJECT TO STANDARDS ADOPTED BY
THE TOWN BOARD.
  C. "MOTOR VEHICLE" SHALL MEAN A MOTOR VEHICLE AS  DEFINED  BY  SECTION
ONE HUNDRED TWENTY-FIVE OF THE VEHICLE AND TRAFFIC LAW.
  D.  "FARM  OPERATION"  SHALL  HAVE  THE  SAME  MEANING AS SUCH TERM IS
DEFINED IN SECTION THREE HUNDRED ONE OF THE AGRICULTURE AND MARKETS LAW.
  2. A. THE TOWN BOARD OF ANY TOWN MAY, BY RESOLUTION, DESIGNATE CERTAIN
TOWN HIGHWAYS AS LOW-VOLUME ROADS OR PORTIONS THEREOF  PURSUANT  TO  THE
CLASSIFICATIONS  DEFINED IN THIS SECTION. IN CLASSIFYING SUCH ROADS, THE
TOWN BOARD SHALL CONSIDER TRAFFIC VOLUMES, TYPES OF VEHICLES  USING  THE
ROAD  OR  PORTION THEREOF, AND THE USE OF THE LAND ADJACENT TO THE ROAD.
THE TOWN BOARD SHALL REFER PROPOSED CLASSIFICATIONS TO THE TOWN  HIGHWAY
SUPERINTENDENT AND THE TOWN PLANNING BOARD, IF PRESENT IN SUCH TOWN.
  B.  UPON  RECEIPT  OF THE PROPOSED RESOLUTION, THE TOWN HIGHWAY SUPER-
INTENDENT AND, WHERE APPLICABLE,  TOWN  PLANNING  BOARD,  SHALL  PROVIDE
WRITTEN  RECOMMENDATIONS  TO  THE  TOWN  BOARD,  WHICH SHALL INCLUDE THE
REASONS FOR SUCH RECOMMENDATIONS, WITHIN  FORTY-FIVE  DAYS  OF  RECEIPT.
UPON RECEIPT OF THE RECOMMENDATIONS FROM THE TOWN HIGHWAY SUPERINTENDENT
AND,  WHERE  APPLICABLE,  TOWN PLANNING BOARD, OR UPON THE EXPIRATION OF
FORTY-FIVE DAYS FROM THE DATE THE PROPOSED RESOLUTION WAS REFERRED,  THE
TOWN  BOARD  MAY ADOPT BY MAJORITY VOTE, THE LOCAL CLASSIFICATION RESOL-
UTION.
  3. A. THE TOWN BOARD OF ANY TOWN MAY, AFTER A PUBLIC HEARING, ADOPT  A
LOCAL  LAW  DESIGNATING ANY LOW-VOLUME ROAD OR PORTION THEREOF PROVIDING
AGRICULTURAL OR RECREATIONAL ACCESS, EXCEPT FOR  FARM  ACCESS  ROADS  OR
ROADS THAT PROVIDE ACCESS TO A RESIDENCE OCCUPIED THROUGHOUT THE YEAR AT
THE  TIME  OF  DESIGNATION,  AS  A MINIMUM MAINTENANCE ROAD. NO SUCH LAW
SHALL UNREASONABLY RESTRICT A FARM OPERATION LOCATED WITHIN AN  AGRICUL-
TURAL  DISTRICT  ESTABLISHED  PURSUANT  TO ARTICLE TWENTY-FIVE-AA OF THE
AGRICULTURE AND MARKETS LAW.  SUCH LOCAL LAW SHALL NOT PREVENT THE STATE
FROM MAINTAINING SUCH ROAD IF THE ROAD PASSES OVER, OR  PROVIDES  ACCESS
TO, STATE LAND. NO SUCH LAW DESIGNATING A MINIMUM MAINTENANCE ROAD SHALL
BE  EFFECTIVE  UNTIL MINIMUM MAINTENANCE STANDARDS ARE ADOPTED AND SIGNS
ARE POSTED ADVISING THE PUBLIC THAT SUCH ROAD IS A  MINIMUM  MAINTENANCE
ROAD.  NO  ROAD,  ONCE  DESIGNATED  A MINIMUM MAINTENANCE ROAD, SHALL BE
DETERMINED TO HAVE BEEN ABANDONED PURSUANT TO THE PROVISIONS OF SUBDIVI-
SION ONE OF SECTION TWO HUNDRED FIVE OF THIS ARTICLE SOLELY  BECAUSE  IT
HAS BEEN DESIGNATED A MINIMUM MAINTENANCE ROAD.
  B.  AT LEAST NINETY DAYS PRIOR TO THE PUBLIC HEARING ON SUCH LOCAL LAW
THE TOWN BOARD HAVING JURISDICTION OVER SUCH ROAD SHALL  ISSUE  FINDINGS
THAT SUCH ROAD OR PORTION THEREOF SHOULD BE DESIGNATED A MINIMUM MAINTE-
NANCE ROAD. SUCH FINDINGS SHALL INCLUDE, BUT NOT BE LIMITED TO:

S. 5758--A                         56

  (I) THE VOLUME AND TYPE OF MOTOR VEHICLES THAT TRAVEL ON SUCH ROAD;
  (II)  A  DETERMINATION  THAT  THE PROPERTY OWNERS OF LAND ABUTTING THE
ROAD SHALL CONTINUE TO HAVE ACCESS TO THEIR PROPERTY;
  (III) A DETERMINATION THAT THE  USERS  OF  THE  ROAD  TRAVELING  AT  A
REASONABLE  AND  PRUDENT  SPEED,  UNDER  THE CIRCUMSTANCES, SHALL NOT BE
PLACED IN A HAZARDOUS SITUATION;
  (IV) A DETERMINATION THAT SUCH ROAD,  OR  PORTION  THEREOF,  DOES  NOT
CONSTITUTE A FARM ACCESS ROAD AS DEFINED IN THIS SECTION;
  (V)  THE  EFFECT  OF SUCH DESIGNATION ON ANY FARM OPERATIONS DEPENDENT
UPON THE ROAD, AND THAT SUCH DESIGNATION DOES NOT UNREASONABLY  RESTRICT
A  FARM  OPERATION  LOCATED  WITHIN AN AGRICULTURAL DISTRICT ESTABLISHED
PURSUANT TO ARTICLE TWENTY-FIVE-AA OF THE AGRICULTURE AND  MARKETS  LAW;
AND
  (VI)  THE  STANDARDS OF MAINTENANCE DEVELOPED IN CONSULTATION WITH THE
TOWN HIGHWAY SUPERINTENDENT TO BE PROVIDED FOR SUCH ROAD INCLUDING,  BUT
NOT LIMITED TO, THE INTENTION TO CLOSE SUCH ROAD DURING CERTAIN TIMES OF
THE YEAR.
  A COPY OF THE TOWN BOARD'S FINDINGS SHALL BE MADE AVAILABLE FOR PUBLIC
INSPECTION  IN THE TOWN CLERK'S OFFICE AND POSTED TO THE TOWN WEBSITE IF
AVAILABLE.
  AT LEAST FORTY-FIVE DAYS PRIOR TO THE PUBLIC HEARING  A  COPY  OF  THE
FINDINGS  SHALL  BE  SENT  TO THE SCHOOL BOARD OF THE SCHOOL DISTRICT IN
WHICH EACH ROAD IS LOCATED AND TO THE TOWN PLANNING BOARD  BY  CERTIFIED
MAIL, RETURN RECEIPT REQUESTED. SUCH SCHOOL BOARD AND PLANNING BOARD MAY
REVIEW  THE  FINDINGS  OF THE TOWN BOARD AND WITHIN FORTY-FIVE DAYS FILE
WITH THE TOWN CLERK THEIR RECOMMENDATION AND FINDINGS. IN THE EVENT  THE
SCHOOL  OR  PLANNING  BOARD  TAKES  NO  ACTION WITHIN THE FORTY-FIVE DAY
REVIEW PERIOD THE TOWN BOARD MAY PROCEED WITHOUT SAID BOARD'S  RECOMMEN-
DATION  AND  FINDINGS.  SCHOOL  OR  PLANNING BOARD REVIEW MAY BE WAIVED,
SHORTENED OR EXTENDED UPON MUTUAL CONSENT OF SAID  BOARD  AND  THE  TOWN
BOARD.  THE TOWN BOARD OF THE TOWN MAY, BY RESOLUTION, ACCEPT, ACCEPT IN
PART, OR REJECT THE RECOMMENDATIONS OF EITHER  THE  SCHOOL  OR  PLANNING
BOARD PRIOR TO ANY VOTE UPON THE PROPOSED LOCAL LAW.
  AT LEAST FORTY-FIVE DAYS PRIOR TO A PUBLIC HEARING A COPY OF THE FIND-
INGS  OF  THE TOWN BOARD SHALL BE SENT BY CERTIFIED MAIL, RETURN RECEIPT
REQUESTED, TO THE DEPARTMENT OF ENVIRONMENTAL CONSERVATION, THE  DEPART-
MENT  OF AGRICULTURE AND MARKETS OR ANY OTHER RELEVANT STATE AGENCY THAT
HAS JURISDICTION OVER THE LAND THAT THE ROAD PROPOSED TO  BE  DESIGNATED
AS MINIMUM MAINTENANCE PASSES OVER OR PROVIDES ACCESS TO.
  C. AT LEAST THIRTY DAYS PRIOR TO THE PUBLIC HEARING ON SUCH LOCAL LAW,
WRITTEN  NOTICE OF SUCH HEARING, INCLUDING A SUMMARY OF THE FINDINGS AND
WHERE A COPY OF THE FINDINGS MAY BE LOCATED, SHALL BE SERVED  BY  CERTI-
FIED  MAIL, RETURN RECEIPT REQUESTED, UPON EVERY OWNER OF REAL PROPERTY,
AS DETERMINED BY THE LATEST COMPLETED  ASSESSMENT  ROLL,  ABUTTING  SUCH
ROAD OR PORTION THEREOF.
  D. THE TOWN CLERK SHALL GIVE NOTICE OF SUCH HEARING BY THE PUBLICATION
OF  A  NOTICE  IN  AT  LEAST ONE NEWSPAPER OF GENERAL CIRCULATION IN THE
TOWN, AND POST SUCH NOTICE ON THE TOWN  WEBSITE,  IF  AVAILABLE.    SUCH
NOTICE  SHALL  STATE THE TIME AND PLACE WHERE SUCH HEARING WILL BE HELD,
AND IN GENERAL TERMS DESCRIBE THE PROPOSED RESOLUTION. SUCH NOTICE SHALL
BE PUBLISHED ONCE AT LEAST FIVE DAYS PRIOR TO THE DAY SPECIFIED FOR SUCH
HEARING.
  4. A ROAD OR ROAD SEGMENT, WHICH HAS BEEN DESIGNATED  MINIMUM  MAINTE-
NANCE,  SHALL  BE MAINTAINED AT A LEVEL WHICH ALLOWS THE ROAD TO BE MADE
PASSABLE AND FUNCTIONAL IN A  MANNER  DETERMINED  BY  THE  TOWN  HIGHWAY
SUPERINTENDENT  IN  ACCORDANCE WITH THE STANDARDS DEVELOPED IN CONSULTA-

S. 5758--A                         57

TION WITH THE TOWN HIGHWAY SUPERINTENDENT AND ADOPTED BY THE TOWN BOARD,
SUCH STANDARDS SHALL BE CONSISTENT WITH THE VOLUME AND TYPE OF  VEHICLES
TRAVELING  ON  SUCH ROAD.  SUCH STANDARDS SHALL NOT RESTRICT ACCESS TO A
FARM OPERATION LOCATED WITHIN AN AGRICULTURAL DISTRICT AND FARMLAND BY A
FARM  OPERATION ELIGIBLE FOR AGRICULTURAL ASSESSMENT PURSUANT TO ARTICLE
TWENTY-FIVE-AA OF THE AGRICULTURE AND MARKETS LAW.  NORMAL ROAD  MAINTE-
NANCE  PRACTICES  INCLUDING,  BUT  NOT LIMITED TO, SNOW AND ICE REMOVAL,
PAVING, PATCHING, BLADING, DRAGGING OR MOWING MAY BE DONE LESS FREQUENT-
LY DEPENDING UPON THE EXISTING CONDITIONS AND USE OF THE ROAD BUT SHALL,
AT A MINIMUM, BE CONSISTENT WITH OTHER SUPERSEDING STANDARDS  OR  GUIDE-
LINES  DEVELOPED  PURSUANT TO STATE LAW. MINIMUM MAINTENANCE ROADS SHALL
CONTINUE TO BE PART OF THE TOWN HIGHWAY SYSTEM.
  5. A. ANY PERSON OR PERSONS OWNING OR OCCUPYING REAL PROPERTY ABUTTING
A ROAD OR PORTION THEREOF WHICH HAS BEEN DESIGNATED  A  MINIMUM  MAINTE-
NANCE  ROAD  MAY PETITION THE TOWN HAVING JURISDICTION OVER SUCH ROAD OR
PORTION THEREOF TO DISCONTINUE THE DESIGNATION OF SUCH ROAD AS A MINIMUM
MAINTENANCE ROAD OR TO MODIFY THE MAINTENANCE STANDARDS FOR  SUCH  ROAD.
SUCH PETITION SHALL BE FILED WITH THE CLERK OF THE TOWN HAVING JURISDIC-
TION  OVER  SUCH  ROAD. SUCH PETITION SHALL IDENTIFY THE ROAD OR PORTION
THEREOF TO BE DISCONTINUED AS A MINIMUM MAINTENANCE ROAD AND  SET  FORTH
THE  REASONS  FOR  SUCH DISCONTINUANCE OR MODIFICATION.   THE TOWN BOARD
HAVING JURISDICTION OVER SUCH ROAD SHALL HOLD A PUBLIC HEARING UPON SUCH
PETITION WITHIN THIRTY DAYS AFTER ITS RECEIPT. THE TOWN CLERK SHALL GIVE
NOTICE OF SUCH HEARING BY THE PUBLICATION OF A NOTICE IN  AT  LEAST  ONE
NEWSPAPER  OF  GENERAL  CIRCULATION IN THE TOWN, AND POST SUCH NOTICE ON
THE TOWN WEBSITE, IF AVAILABLE, AND SHALL PROVIDE NOTICE OF THE  HEARING
TO  THE  PETITIONER  BY  CERTIFIED  MAIL, RETURN RECEIPT REQUESTED. SUCH
NOTICE SHALL SPECIFY THE TIME AND PLACE OF SUCH HEARING, AND IN  GENERAL
TERMS  DESCRIBE THE PROPOSED RESOLUTION.  SUCH NOTICE SHALL BE PUBLISHED
ONCE AT LEAST FIVE DAYS PRIOR TO THE DAY SPECIFIED FOR SUCH HEARING.
  B. IN THE EVENT THE TOWN BOARD, AFTER SUCH PUBLIC HEARING,  DETERMINES
THAT  SUCH  DESIGNATION  OR STANDARDS SHALL CONTINUE UNCHANGED, NO ADDI-
TIONAL PETITION MAY BE SUBMITTED BY A PERSON OR PERSONS PURSUANT TO THIS
SECTION UNTIL THE LAPSE OF AT LEAST TWENTY-FOUR MONTHS FROM THE DATE  OF
THE FILING OF THE PREVIOUS PETITION FILED BY SUCH PERSON OR PERSONS.
  C.  THE TOWN BOARD HAVING JURISDICTION OVER A MINIMUM MAINTENANCE ROAD
MAY ADOPT A LOCAL LAW DISCONTINUING SUCH MINIMUM MAINTENANCE ROAD DESIG-
NATION IN THE EVENT IT DETERMINES  SUCH  DISCONTINUANCE  TO  BE  IN  THE
PUBLIC INTEREST.
  6.  WHERE THE MINIMUM MAINTENANCE ROAD DESIGNATION IS DISCONTINUED, OR
A LOW-VOLUME ROAD CLASSIFICATION IS CHANGED, ROAD IMPROVEMENTS  MAY,  IN
ADDITION  TO  OTHER FINANCING MECHANISMS AVAILABLE FOR ROAD CONSTRUCTION
PROJECTS, BE UNDERTAKEN IN ACCORDANCE WITH SECTION TWO  HUNDRED  OF  THE
TOWN LAW.
  S  45.  The vehicle and traffic law is amended by adding a new section
124 to read as follows:
  S 124. MINIMUM MAINTENANCE ROAD. A LOW-VOLUME ROAD OR PORTION  THEREOF
WHICH  IS  DESIGNATED  BY  THE  TOWN  HAVING JURISDICTION OVER SUCH ROAD
PURSUANT TO SECTION TWO HUNDRED FIVE-C OF THE HIGHWAY LAW.
  S 46. Subdivision (a) of section 1683 of the vehicle and  traffic  law
is amended by adding a new paragraph 18 to read as follows:
  18. DESIGNATE A ROAD OR PORTION THEREOF AS A MINIMUM MAINTENANCE ROAD.
  S 47.  Section 142 of the highway law, is amended to read as follows:
  S  142.  Machinery,  tools,  equipment  and implements. 1. a. The town
superintendent may, with the approval of the town board, purchase equip-
ment, tools and other implements to be  used  for  highway  maintenance,

S. 5758--A                         58

construction  or  reconstruction,  snow ploughs or other devices for the
removal of snow from the highways  from  moneys  appropriated  for  that
purpose.  However,  the town board may authorize the town superintendent
to  purchase such equipment, tools and implements without prior approval
in an amount or amounts to be fixed, from time to time,  by  the  board.
THE  TOWN SUPERINTENDENT MAY ALSO REQUEST THAT THE TOWN BOARD ENTER INTO
AN AGREEMENT PURSUANT TO SECTION ONE HUNDRED NINETEEN-O OF  THE  GENERAL
MUNICIPAL LAW TO PURCHASE SUCH EQUIPMENT, TOOLS AND IMPLEMENTS.
  b.  The  approval  of  the  town  board shall not be necessary for the
purchase by the town superintendent of highways equipment enumerated  in
subdivision  one hereof, in towns of the first class in Erie county when
such purchases are in amounts less than one  thousand  dollars,  nor  in
towns  of  the  second  class  in Erie county when such purchases are in
amounts less than five hundred dollars.
  2. All tools, implements and other highway equipment owned  either  by
the  town  or  the  highway districts therein, shall be used by the town
superintendent in such manner and in such places in  such  towns  as  he
shall  deem  best. They shall be under the control of the superintendent
and be cared for by him at the expense of the town.
  3. The town superintendent shall annually make a written inventory  of
all  such  machinery,  tools,  implements and equipment, indicating each
article and stating the value thereof, and the  estimated  cost  of  all
necessary  repairs thereto, and deliver the same to the town board on or
before September thirtieth in each year. He shall at the same time  file
with  the  town  board his written recommendations as to what machinery,
tools, implements and equipment should be purchased for the use  of  the
town, and the probable cost thereof.
  4.  The town superintendent shall provide a suitable place for housing
and storing machinery, tools, implements and equipment owned by the town
and cause the same to be stored therein, when not in  use.  Pursuant  to
the  provisions  of  article fourteen of the town law, the town board of
any town may authorize the town superintendent to purchase  real  estate
with  a  suitable  building  or  buildings  thereon, or to purchase real
estate in the name of the town and erect  thereon  a  building  for  the
purpose  of  housing  and  storing such machinery, tools, implements and
equipment, or to erect a building for such purposes on real estate owned
by the town. Capital improvements may be made to any building erected or
purchased pursuant to this subdivision. THE TOWN SUPERINTENDENT MAY ALSO
REQUEST THAT THE TOWN BOARD ENTER INTO AN AGREEMENT PURSUANT TO  SECTION
ONE  HUNDRED  NINETEEN-O OF THE GENERAL MUNICIPAL LAW TO PROVIDE A SUIT-
ABLE PLACE FOR HOUSING AND  STORING  MACHINERY,  TOOLS,  IMPLEMENTS  AND
EQUIPMENT  OWNED  BY  THE  TOWN AND CAUSE THE SAME TO BE STORED THEREIN,
WHEN NOT IN USE.
  4-a. Notwithstanding the provisions of article fourteen  of  the  town
law  and of subdivision four of this section, the town board of any town
in the county of Westchester which contains the whole or any part  of  a
village  that  forms  a separate highway district may authorize the town
superintendent, for the purpose of providing for the housing and storing
of machinery, tools, implements and equipment  owned  by  the  town,  to
purchase real estate in the name of the town with a suitable building or
buildings  thereon,  or  to purchase real estate in the name of the town
and erect thereon a building or buildings, or to  erect  a  building  or
buildings  on real estate owned by the town, or to make capital improve-
ments to any building or buildings owned by the town, provided that  the
cost  of  any  such  object  or  purpose  shall  be assessed, levied and
collected from the several lots and parcels of land in the town  outside

S. 5758--A                         59

of  any  such  village  in the same manner and at the same time as other
town  charges.  The  principal  of  and  interest  on  any  indebtedness
contracted  for any such object or purpose shall be assessed, levied and
collected,  in  the first instance, in like manner, but if not paid from
such source, all of the taxable real property within the town  shall  be
subject to the levy of ad valorem taxes to pay such principal and inter-
est. Except where an expenditure authorized pursuant to this subdivision
is  to  be  financed, in whole or in part, pursuant to the local finance
law, the authorization of any such expenditure by the town  board  shall
be subject to a mandatory referendum in the manner prescribed in article
six  of  the town law, provided that no person shall be entitled to vote
upon the proposition for any such expenditure unless he  or  she  is  an
elector  and  the  owner  of  property  in  the town outside of any such
village assessed upon the last preceding town assessment roll.
  5. The town superintendent may also, with the  approval  of  the  town
board,  sell  any such machinery, tools, implements and equipment, which
are no longer needed by the town, or which are worn out or obsolete,  or
may  exchange the same or surrender it to the vendor as part payment for
new machinery, tools, implements and equipment. If  sold,  the  proceeds
shall,  under  the  direction  of  the  town board, be applicable to the
purchase of the machinery, tools, implements and equipment mentioned  in
subdivision  three  of  section two hundred seventy-one of this chapter.
Where there is an incorporated  village  constituting  a  separate  road
district,  wholly  or  partly  in  a town which has purchased machinery,
tools or other highway or snow removal equipment the town board of  such
town  may  permit the use thereof by such village upon such terms as may
be agreed upon.
  S 48. Paragraph (e) of subdivision 4 of section 10-c  of  the  highway
law,  as  amended by chapter 413 of the laws of 1991, is amended to read
as follows:
  (e) Funds allocated for local street or highway  projects  under  this
subdivision shall be used to undertake work on a project either with the
municipality's own forces or by contract, provided however, that whenev-
er  the  estimate  for  the construction contract work exceeds [one] TWO
hundred FIFTY thousand dollars such work must be performed  by  contract
let  by competitive bid in accordance with the provisions of section one
hundred three of the general municipal law.
  S 49. Subdivisions 6, 7 and 8 of section  10-c  of  the  highway  law,
subdivision 6 as amended by chapter 755 of the laws of 1992, subdivision
7  as added by section 5 of part C of chapter 84 of the laws of 2002 and
subdivision 8 as added by chapter 56 of the laws of 1993, are amended to
read as follows:
  6. [On the first day of the third  month  following  the  end  of  its
fiscal  year ending in nineteen hundred eighty-three and each succeeding
fiscal year, each municipality which has received five thousand  dollars
or  more in total funds paid pursuant to subdivision two or four of this
section during the preceding fiscal year shall certify  to  the  commis-
sioner, pursuant to rules and regulations promulgated by the commission-
er  in  relation  thereto,  that the expenditure by such municipality in
such fiscal year of nonstate funds raised by the  municipality  for  the
operation  and  maintenance  (exclusive  of capital construction) of its
highways, bridges and/or  highway-railroad  crossings  was  not  reduced
below  the  level  of  the  average of the previous two years. Provided,
however, that in calculating the expenditures and revenues of the  muni-
cipality  to  determine  the  local maintenance of effort for the fiscal
year being certified and the expenditure level of  the  average  of  the

S. 5758--A                         60

previous  two years, municipalities shall not be required to include the
amount of revenues and expenditures for operation and maintenance of its
highways, bridges, and/or highway-railroad crossings necessitated by any
unforeseen  event  for  which the municipality was officially declared a
disaster area. Where  a  reduction  in  such  spending  or  non-use  has
occurred, the distributions above the funding level to such municipality
in  the  then-current  state  fiscal  year shall be reduced by an amount
equivalent to the amount of such reduction or non-use,  except  that  no
reduction  to  the  funding level shall be taken for an amount caused by
any unforeseen event for which the municipality was officially  declared
a  disaster  area.  Municipalities  not  required  to certify under this
section may continue such non-certifying status, with  the  approval  of
the commissioner, if the apportionment to such municipality is increased
to  more than five thousand dollars but less than seven thousand dollars
in any local fiscal year. For the purposes of this  section,  a  munici-
pality  shall  mean  a county, city, town or village or two or more such
jurisdictions acting jointly.
  7.] For any city, town, or village which consolidates or  merges  with
another municipality, the resulting successor government shall file with
the  office  of  the state comptroller a certificate of any such consol-
idation, merger and any accompanying dissolution. In the event that  the
amount  which  would  otherwise be apportioned to the individual govern-
ments exceeds the amount which is payable to  the  successor  government
pursuant  to  this  section,  such successor government shall receive no
less in consolidated local highway apportionments than  the  predecessor
governments  would  have  received  in  the  aggregate had the merger or
consolidation not occurred.
  [8.] 7. (a) For each fiscal year set out in the  schedule  hereinbelow
amounts  shall  be distributed pursuant to annual appropriation from the
local assistance account of the general fund in an  amount  set  out  in
such schedule for the corresponding state fiscal year:

    State Fiscal Year                                  Appropriation
        1993-94                                         $72,652,000
        1994-95                                         $72,652,000
        1995-96                                         $72,652,000
        1996-97                                         $72,652,000

  (b)  For  each fiscal year set out in the schedule hereinbelow amounts
shall be distributed pursuant to annual appropriation from the dedicated
highway and bridge trust fund or by authorization by the legislature for
capital projects in an amount set out in such schedule  for  the  corre-
sponding state fiscal year:

    State Fiscal Year                                  Appropriation
        1993-94                                         $170,000,000
        1994-95                                         $175,000,000
        1995-96                                         $180,000,000
        1996-97                                         $185,000,000

  (c) The moneys appropriated or authorized in each fiscal year pursuant
to  the schedules in paragraphs (a) and (b) of this subdivision shall be
distributed in accordance with the procedures contained in  subdivisions
three  and  four  of  this  section.  The  total of funds distributed in
accordance with the procedures in  subdivision  three  of  this  section
shall  equal one hundred forty-five million dollars in each fiscal year.

S. 5758--A                         61

The balance of funds shall be distributed in accordance with the  proce-
dures  in  subdivision four of this section. For purposes of calculating
distributions in accordance with subdivision three of this section,  the
"funding level" shall be proportioned between amounts distributed pursu-
ant to paragraphs (a) and (b) of this subdivision.
  S  50. The department of transportation shall revise any code, rule or
regulation consistent with the amendments to section 10-c of the highway
law, made by section fifty-two of this act.
  S 51. Notwithstanding the provisions of article 47  of  the  insurance
law,  or  any  other provision of law to the contrary, a county shall be
authorized to enter into a municipal cooperative agreement authorized by
article 5-G of the general  municipal  law,  with  one  or  more  school
districts,  towns, or villages, in order to provide health care benefits
or establish a health care plan for  their  respective  employees.  Such
county  shall  be  authorized  to  charge  an administrative fee to such
school districts, towns, or villages for participation  in  such  agree-
ment.
  S  52. Subdivision 13 of section 837 of the executive law, as added by
chapter 399 of the laws of 1972 and such section as renumbered by  chap-
ter 603 of the laws of 1973, is amended to read as follows:
  13.  Adopt,  amend  or  rescind  such  rules and regulations as may be
necessary or convenient to the performance of the functions, powers  and
duties of the division INCLUDING REVISING AND ELIMINATING CERTAIN RECORD
KEEPING PROCEDURES TO REFLECT TECHNOLOGICAL ADVANCES;
  S 53.  Subdivision 8 of section 230 of the labor law as added by chap-
ter 777 of the laws of 1971, is amended to read as follows:
  8.  "Fiscal  officer"  [means  the industrial commissioner, except for
building service work performed by or on behalf of a city, in which case
"fiscal officer" means the comptroller or  other  analogous  officer  of
such  city]  SHALL  BE  DEEMED  TO BE, ON PUBLIC WORK PERFORMED BY OR ON
BEHALF OF THE STATE OR A PUBLIC BENEFIT CORPORATION OR  A  COUNTY  OR  A
VILLAGE,  OR  OTHER  CIVIL  DIVISION  OF THE STATE, EXCEPT A CITY WITH A
POPULATION IN EXCESS OF ONE MILLION, THE COMMISSIONER OF LABOR;  AND  ON
PUBLIC  WORK  PERFORMED  BY  OR ON BEHALF OF A CITY WITH A POPULATION IN
EXCESS OF ONE MILLION, THE COMPTROLLER OR  OTHER  ANALOGOUS  OFFICER  OF
SUCH CITY.
  S  54.  Paragraph  1 of subdivision (c) of section 81.44 of the mental
hygiene law, as added by chapter 175 of the laws of 2008, is amended  to
read as follows:
  1. serve a copy of the statement of death upon the court examiner, the
duly  appointed personal representative of the decedent's estate, or, if
no [person] PERSONAL representative has been appointed,  then  upon  the
personal  representative  named  in  the  decedent's  will  or any trust
instrument, if known, UPON THE LOCAL DEPARTMENT OF SOCIAL  SERVICES  and
upon  the public administrator of the chief fiscal officer of the county
in which the guardian was appointed, and
  S 55. Intentionally omitted.
  S 56. Subdivision 4 of section 458-b of the  social  services  law  is
amended by adding a new paragraph (d) to read as follows:
  (D) PAYMENTS PURSUANT TO THIS SECTION MAY BE MADE BY DIRECT DEPOSIT OR
DEBIT  CARD,  AS  ELECTED  BY  THE RECIPIENT, AND ADMINISTERED ELECTRON-
ICALLY, AND IN ACCORDANCE WITH SECTION TWENTY-ONE-A OF THIS CHAPTER  AND
WITH  SUCH GUIDELINES AS MAY BE SET FORTH BY REGULATION OF THE OFFICE OF
CHILDREN AND FAMILY SERVICES. THE OFFICE OF CHILDREN AND FAMILY SERVICES
MAY ENTER INTO CONTRACTS ON BEHALF OF LOCAL  SOCIAL  SERVICES  DISTRICTS

S. 5758--A                         62

FOR  SUCH  DIRECT  DEPOSIT  OR  DEBIT  CARD  SERVICES IN ACCORDANCE WITH
SECTION TWENTY-ONE-A OF THIS CHAPTER.
  S  57.  Subdivision  1  of  section 341 of the social services law, as
amended by section 1 of part D of chapter 61 of the  laws  of  2006,  is
amended to read as follows:
  1.  (a) Consistent with federal law and regulations and this title, if
a participant has failed or refused to comply with the  requirements  of
this  title,  the social services district shall issue a notice in plain
language indicating that such failure or refusal has  taken  place,  THE
EFFECT  OF  SUCH  NONCOMPLIANCE  ON  THE PARTICIPANT'S PUBLIC ASSISTANCE
BENEFITS, and of the  right  of  such  participant  to  conciliation  to
resolve  the  reasons  for  such  failure or refusal to avoid a pro-rata
reduction OR DISCONTINUANCE in public assistance benefits for  a  period
of  time set forth in section three hundred forty-two of this title. The
notice shall indicate the specific  instance  or  instances  of  willful
refusal or failure to comply without good cause with the requirements of
this  title and the necessary actions that must be taken to avoid a pro-
rata reduction OR DISCONTINUANCE  in  public  assistance  benefits.  The
notice  shall  indicate  that  the  participant  has [seven] TEN days to
request conciliation with the district regarding such failure or refusal
[in the case of a safety net participant and ten days in the case  of  a
family  assistance participant]. PROVIDED, HOWEVER, THAT FOR A MEMBER OF
A HOUSEHOLD WITH DEPENDENT CHILDREN WHO DOES NOT REQUEST A  CONCILIATION
CONFERENCE WITHIN THE TEN DAY PERIOD, THE LOCAL SOCIAL SERVICES DISTRICT
SHALL  MAKE  AN  ADDITIONAL EFFORT TO CONTACT THE HOUSEHOLD, INCLUDING A
REASONABLE ATTEMPT FOR TELEPHONE CONTACT, TO OFFER CONCILIATION  AND  TO
INDICATE  THAT THE PARTICIPANT HAS TEN DAYS TO REQUEST CONCILIATION. The
notice shall also include an explanation in plain language of what would
constitute good cause for  non-compliance  and  examples  of  acceptable
forms  of  evidence  that may warrant an exemption from work activities,
including evidence of domestic violence, and physical or  mental  health
limitations  that  may  be  provided  at  the conciliation conference to
demonstrate such good cause for failure to comply with the  requirements
of  this  title.   SUCH NOTICE SHALL ALSO INCLUDE INFORMATION TO EXPLAIN
THE BENEFITS OF COMPLIANCE, INCLUDING  THE  AVAILABILITY  OF  GUARANTEED
CHILD  CARE  BENEFITS.  If the participant does not contact the district
within the specified number of days, the district shall issue  ten  days
notice  of intent to discontinue or reduce assistance, pursuant to regu-
lations of the department. Such notice shall also include a statement of
the participant's right to a fair hearing relating  to  such  discontin-
uance  or  reduction.  If  such participant contacts the district within
[seven days in the case of a safety net participant or within  ten  days
in  the case of a family assistance participant] THE SPECIFIED NUMBER OF
DAYS, it will be the responsibility of the participant to  give  reasons
for such failure or refusal.
  (b)  Unless  the  district determines as a result of such conciliation
process that such failure or refusal was willful and  was  without  good
cause, no further action shall be taken. If the district determines that
such failure or refusal was willful and without good cause, the district
shall  notify  such  participant  in writing, in plain language and in a
manner distinct from any previous notice, by issuing ten days notice  of
its  intent  to  discontinue  or  reduce  assistance.  Such notice shall
include the reasons for such determination,  the  specific  instance  or
instances  of  willful  refusal  or failure to comply without good cause
with the requirements of this title, the necessary actions that must  be
taken  to avoid a pro-rata reduction OR DISCONTINUANCE in public assist-

S. 5758--A                         63

ance benefits, and the right to a fair hearing relating to such  discon-
tinuance  or  reduction.  Unless  extended  by  mutual  agreement of the
participant and the district, conciliation shall terminate and a  deter-
mination  shall  be  made  within  [fourteen]  THIRTY days of the date a
request for conciliation is made [in the case of a  safety  net  partic-
ipant  or within thirty days of the conciliation notice in the case of a
family assistance participant].
  S 57-A. Subdivision 5 of section 341 of the  social  services  law  is
REPEALED and subdivision 6 is renumbered subdivision 5.
  S  57-B.  Subdivisions  2  and 3 of section 342 of the social services
law, as added by section 148 of part B of chapter 436  of  the  laws  of
1997, are amended to read as follows:
  2.  [In]  NOTWITHSTANDING  SUBDIVISION  EIGHT  OF  SECTION ONE HUNDRED
FIFTY-THREE OF THIS ARTICLE, IN the case of an applicant for or  recipi-
ent  of  public  assistance [who is a parent or caretaker of a dependent
child], the public assistance benefits otherwise available to the house-
hold of which such individual is a member shall be [reduced pro-rata]:
  (a) REDUCED PRO-RATA for the first instance of failure to comply with-
out good cause with the requirement of this article until the individual
is willing to comply;
  (b) TERMINATED AND CASE CLOSED for the second instance of  failure  to
comply  without good cause with the requirements of this article[, for a
period of three months and thereafter] until the individual  is  willing
to comply;
  (c)  TERMINATED  AND  CASE  CLOSED  for  the  third and all subsequent
instances of failure to comply without good cause with the  requirements
of  this  article,  for a period of six months [and thereafter] OR until
the individual is willing to comply, WHICHEVER PERIOD IS LONGER.
  3. [In the case of an individual who is a member of a household  with-
out  dependent children applying for or in receipt of safety net assist-
ance the public assistance benefits otherwise available to the household
of which such individual is a member shall be reduced pro-rata:
  (a) for the first such  failure  or  refusal,  until  the  failure  or
refusal ceases or ninety days, which ever period of time is longer;
  (b)  for  the second such failure or refusal, until the failure ceases
or for one hundred fifty days, whichever period of time is longer; and
  (c) for the third and all subsequent such failures or refusals,  until
the  failure ceases or one hundred eighty days, whichever period of time
is longer.] WITH RESPECT TO THE SANCTIONS SET FORTH IN  SUBDIVISION  TWO
OF THIS SECTION, IF THE INDIVIDUAL COMPLIES WITH THE REQUIREMENT OF THIS
ARTICLE  WITHIN  THE  SIX-MONTH  MINIMUM SANCTION DURATIONS SET FORTH IN
PARAGRAPH (C) OF SUBDIVISION TWO OF THIS  SECTION  THE  HOUSEHOLD  SHALL
RECEIVE  A  PRO-RATA  REDUCED  GRANT  FOR  THE REMAINING MINIMUM PERIOD.
CONTINUED COMPLIANCE AFTER THE MINIMUM DURATION SHALL RESTORE THE  GRANT
TO THE FULL AMOUNT.
  S  57-C. The office of temporary and disability assistance, in consul-
tation with the office of children and family services, shall  submit  a
report  to  the  chairperson of the senate finance committee, the chair-
person of the assembly ways and means committee, and the director of the
division of budget on the implementation of  the  full  family  sanction
policy.  Such  report  shall include the number of sanctioned cases that
had their case closed due to the new sanction policy, the monthly  bene-
fit of those sanctioned cases that had their cases closed and the number
of  sanctioned  cases  involving  case  closure  that  subsequently were
reopened upon demonstrated willingness to comply with work requirements.
Such report shall also determine if there were child  welfare  referrals

S. 5758--A                         64

made  since  October,  1,  2011 that were a function of the new sanction
policy. This report shall be submitted by December 31, 2012.
  S 58. Section 20 of the social services law is amended by adding a new
subdivision 9 to read as follows:
  9.  TO  THE EXTENT APPROPRIATIONS ARE AVAILABLE SPECIFICALLY THEREFOR,
THE DEPARTMENT SHALL PROVIDE ADMINISTRATIVE SUPPORT AND FINANCIAL INCEN-
TIVES TO ENCOURAGE COUNTIES AND LOCAL SOCIAL SERVICES DISTRICTS TO MERGE
LOCAL AGENCIES, DEVELOP INNOVATIVE  PROGRAMS,  OR  PROVIDE  CROSS-COUNTY
SERVICES.
  S 59. Intentionally omitted.
  S 60. Intentionally omitted.
  S 61. Intentionally omitted.
  S 62. Intentionally omitted.
  S  63.  Section  1604  of the education law is amended by adding a new
subdivision 21-b to read as follows:
  21-B. A. THE TRUSTEES ARE AUTHORIZED TO PROVIDE  REGIONAL  TRANSPORTA-
TION  SERVICES  BY  RENDERING  SUCH  SERVICES  JOINTLY WITH OTHER SCHOOL
DISTRICTS OR BOARDS OF COOPERATIVE EDUCATIONAL SERVICES.  SUCH  SERVICES
MAY INCLUDE PUPIL TRANSPORTATION BETWEEN HOME AND SCHOOL, TRANSPORTATION
DURING  THE  DAY  TO  AND FROM SCHOOL AND A SPECIAL EDUCATION PROGRAM OR
SERVICE OR A PROGRAM AT A BOARD OF COOPERATIVE EDUCATIONAL  SERVICES  OR
AN  APPROVED  SHARED  PROGRAM AT ANOTHER SCHOOL DISTRICT, TRANSPORTATION
FOR FIELD TRIPS OR TO AND FROM EXTRACURRICULAR ACTIVITIES,  AND  COOPER-
ATIVE SCHOOL BUS MAINTENANCE.
  B.  THE  TRUSTEES ARE AUTHORIZED TO ENTER INTO A CONTRACT WITH ANOTHER
SCHOOL DISTRICT, A COUNTY, MUNICIPALITY, OR THE STATE OFFICE OF CHILDREN
AND FAMILY SERVICES TO PROVIDE TRANSPORTATION  FOR  CHILDREN,  INCLUDING
CONTRACTS  TO  PROVIDE  SUCH  TRANSPORTATION  AS REGIONAL TRANSPORTATION
SERVICES, PROVIDED THAT THE CONTRACT COST IS APPROPRIATE. IN DETERMINING
THE APPROPRIATE TRANSPORTATION CONTRACT COST, THE TRANSPORTATION SERVICE
PROVIDER SCHOOL DISTRICT SHALL USE A CALCULATION CONSISTENT  WITH  REGU-
LATIONS  ADOPTED  BY  THE  COMMISSIONER FOR THE PURPOSE OF ASSURING THAT
CHARGES REFLECT THE TRUE COSTS THAT  WOULD  BE  INCURRED  BY  A  PRUDENT
PERSON IN THE CONDUCT OF A COMPETITIVE TRANSPORTATION BUSINESS.
  S  64.  Paragraphs  g  and  h of subdivision 25 of section 1709 of the
education law, paragraph g as added by chapter 367 of the laws  of  1979
and paragraph h as added by chapter 700 of the laws of 1993, are amended
to read as follows:
  g.  The board of education is authorized to provide regional transpor-
tation services by rendering such services  jointly  with  other  school
districts  or  boards of cooperative educational services. Such services
may include pupil transportation between home and school, TRANSPORTATION
DURING THE DAY TO AND FROM SCHOOL AND A  SPECIAL  EDUCATION  PROGRAM  OR
SERVICE  OR  A PROGRAM AT A BOARD OF COOPERATIVE EDUCATIONAL SERVICES OR
AN APPROVED SHARED PROGRAM AT ANOTHER  SCHOOL  DISTRICT,  TRANSPORTATION
FOR  FIELD  TRIPS OR TO AND FROM EXTRACURRICULAR ACTIVITIES, and cooper-
ative school bus maintenance.
  h. (I) The board of education is authorized to enter into  a  contract
with  another  school  district,  a  county,  municipality, or the state
[division for youth] OFFICE OF CHILDREN AND FAMILY SERVICES  to  provide
transportation  for children, INCLUDING CONTRACTS TO PROVIDE SUCH TRANS-
PORTATION  AS  REGIONAL  TRANSPORTATION  SERVICES,  provided  that   the
contract cost is appropriate. In determining the appropriate transporta-
tion  contract cost, the transportation service provider school district
shall use a calculation  consistent  with  regulations  adopted  by  the
commissioner  for  the purpose of assuring that charges reflect the true

S. 5758--A                         65

costs that would be incurred by a prudent person in  the  conduct  of  a
competitive transportation business.
  (II) NOTWITHSTANDING THE PROVISIONS OF SUBDIVISION FOURTEEN OF SECTION
THREE  HUNDRED  FIVE  OF  THIS CHAPTER, SECTION ONE HUNDRED THREE OF THE
GENERAL MUNICIPAL LAW, OR ANY OTHER PROVISION OF LAW  TO  THE  CONTRARY,
THE BOARD OF EDUCATION SHALL BE AUTHORIZED TO ENTER INTO A SHARED TRANS-
PORTATION SERVICES CONTRACT WITH ANOTHER SCHOOL DISTRICT THAT TRANSPORTS
STUDENTS  PURSUANT  TO A CONTRACT WITH A PRIVATE TRANSPORTATION CONTRAC-
TOR, PROVIDED THAT THE BOARD FINDS THAT THE CONTRACT COST IS APPROPRIATE
AND ENTRY INTO A SHARED TRANSPORTATION SERVICES CONTRACT WILL RESULT  IN
A COST SAVINGS TO THE SCHOOL DISTRICT. FOR PURPOSES OF THIS PARAGRAPH, A
"SHARED  TRANSPORTATION  SERVICES  CONTRACT"  MEANS  A  CONTRACT FOR THE
TRANSPORTATION OF  STUDENTS  THAT:  (1)  PROVIDES  TRANSPORTATION  TO  A
LOCATION  OUTSIDE  THE  STUDENTS'  SCHOOL DISTRICT OF RESIDENCE TO WHICH
ANOTHER SCHOOL DISTRICT IS ALREADY PROVIDING TRANSPORTATION TO  ITS  OWN
STUDENTS  THROUGH  AN  EXISTING  CONTRACT  WITH A PRIVATE TRANSPORTATION
CONTRACTOR, OTHER THAN A COOPERATIVELY BID CONTRACT; (2) IS ENTERED INTO
BY THE  PRIVATE  TRANSPORTATION  CONTRACTOR  AND  EACH  SCHOOL  DISTRICT
INVOLVED;  AND  (3)  PROVIDES  FOR TRANSPORTATION IN ACCORDANCE WITH THE
TERMS AND CONDITIONS OF SUCH EXISTING TRANSPORTATION CONTRACT.
  S 65. Section 305 of the education law is  amended  by  adding  a  new
subdivision 42 to read as follows:
  42.    THE  COMMISSIONER  SHALL IMPLEMENT REGULATIONS DIRECTING SCHOOL
DISTRICTS  TO  EVALUATE  STUDENTS  WHO  HAVE  INDIVIDUALIZED   EDUCATION
PROGRAMS  AND WHO ALSO REQUIRE ACADEMIC INTERVENTION SERVICES, TO DETER-
MINE WHICH SERVICES, IF ANY, ARE BEING REPEATED BY BOTH THE PROGRAM  AND
THE  SERVICES.  THE COMMISSIONER SHALL PROVIDE THAT IF A SCHOOL DISTRICT
DETERMINES THAT AN INDIVIDUALIZED EDUCATION  PROGRAM  AND  THE  ACADEMIC
INTERVENTION  SERVICES  REQUIRE  THE  SAME  TASK  OR SERVICE, THE SCHOOL
DISTRICT SHALL NOT BE REQUIRED TO IMPLEMENT SUCH TASK  OR  PROVIDE  SUCH
SERVICE MORE THAN ONCE TO THE STUDENT.
  S  66.  Section  3635  of the education law is amended by adding a new
subdivision 8 to read as follows:
  8.   A BOARD OF EDUCATION MAY,  AT  ITS  DISCRETION,  PROVIDE  STUDENT
TRANSPORTATION  BASED  UPON  PATTERNS  OF  ACTUAL  RIDERSHIP. THE ACTUAL
RIDERSHIP SHALL BE BASED UPON THE HISTORY AND EXPERIENCE THAT  YIELDS  A
CONSISTENT PATTERN OF ELIGIBLE PUPILS NOT USING DISTRICT TRANSPORTATION;
OR  MODELING  OF  FUTURE  RIDERSHIP;  OR  THE  SHARING OF TRANSPORTATION
REGIONALLY; OR OTHER CRITERIA DETERMINED BY  THE  SCHOOL  DISTRICT  THAT
ENSURES  THAT ALL STUDENTS IN NEED OF TRANSPORTATION RECEIVE IT. NOTHING
IN THIS SECTION SHALL  REDUCE  OR  RELIEVE  SCHOOL  DISTRICTS  FROM  THE
RESPONSIBILITY  OF PROVIDING TRANSPORTATION TO STUDENTS OTHERWISE ELIGI-
BLE AND ACTUALLY IN NEED OF SUCH  TRANSPORTATION.  ANY  SCHOOL  DISTRICT
THAT,  AT  ITS DISCRETION, HAS ELECTED TO PROVIDE STUDENT TRANSPORTATION
BASED UPON PATTERNS OF ACTUAL RIDERSHIP SHALL PLACE SUCH  PLANS  ON  THE
SCHOOL  DISTRICT'S  WEBSITE  ON OR BEFORE AUGUST FIFTEENTH OF THE SCHOOL
YEAR IN WHICH THE TRANSPORTATION PLAN WILL BE IMPLEMENTED.
  S 67. Intentionally omitted.
  S 68. Intentionally omitted.
  S 69. Intentionally omitted.
  S 70. Paragraph (a) of subdivision 2 of section 376-a of the executive
law, as added by section 29 of part B of chapter 56 of the laws of 2010,
is amended to read as follows:
  (a) (I) The approval,  or  revocation  thereof,  of  code  enforcement
training programs for code enforcement personnel;

S. 5758--A                         66

  (II)  IN  ORDER  TO  MODERNIZE  CODE ENFORCEMENT TRAINING PROGRAMS THE
SECRETARY OF STATE SHALL PROMULGATE NEW RULES AND  REGULATIONS  TO  TAKE
EFFECT ON JANUARY FIRST, TWO THOUSAND THIRTEEN IN ORDER TO ALLOW FOR THE
FOLLOWING  CHANGES  TO  THE EXISTING DEPARTMENT OF STATE RULES AND REGU-
LATIONS  CODE ENFORCEMENT TRAINING PROGRAMS: EXTENDING THE TIMEFRAME FOR
BASIC TRAINING FOR BOTH FULL AND PART TIME CODE  ENFORCEMENT  PERSONNEL,
ALLOW  COURSE  WAIVERS  FOR CODE ENFORCEMENT PERSONNEL THAT HAVE PROFES-
SIONAL LICENSES OR EDUCATIONAL DEGREES  THE  SECRETARY  OF  STATE  DEEMS
APPROPRIATE  AND COURSE WAIVERS FOR OTHER THAN THESE PROFESSIONALS AFTER
SUCCESSFUL COMPLETION OF AN EXAM, REDUCING THE BASIC TRAINING PROGRAM TO
FIVE, TWENTY-ONE HOUR COURSES FOR FULL CERTIFICATION AS CODE ENFORCEMENT
OFFICIALS, CREATING A LOWER LEVEL OF  CERTIFICATION  FOR  RURAL  MUNICI-
PALITIES THAT HAVE THE MAJORITY OF LOW-RISE RESIDENTIAL CONSTRUCTION AND
EXISTING  BUILDINGS,  ALLOWING  HALF OF THE REQUIRED IN-SERVICE TRAINING
HOURS TO BE THROUGH ON-LINE TRAINING  PROGRAMS  AFTER  CODE  ENFORCEMENT
PERSONNEL  HAVE  BEEN  CERTIFIED, OFFERING IN-SERVICE ON-LINE COURSES BY
THE DEPARTMENT OF STATE AT NO CHARGE TO CODE ENFORCEMENT PERSONNEL.
  S 71. Subsection (g) of section 3231 of the insurance law, as added by
chapter 501 of the laws of 1992, is amended to read as follows:
  (g) This section shall also  apply  to  policies  issued  to  a  group
defined  in  subsection (c) of section four thousand two hundred thirty-
five OF THIS CHAPTER, including but not limited  to  an  association  or
trust  of  employers, if the group includes one or more member employers
or other member groups which have fifty or fewer  employees  or  members
exclusive  of spouses and dependents, PROVIDED HOWEVER THAT THIS SECTION
SHALL NOT APPLY TO POLICIES ISSUED TO A GROUP  DEFINED  IN  SUBPARAGRAPH
(D)  OF  PARAGRAPH  ONE  OF  SUBSECTION (C) OF SECTION FOUR THOUSAND TWO
HUNDRED THIRTY-FIVE OF THIS CHAPTER, IF THE GROUP INCLUDES ONE  OR  MORE
MEMBER  EMPLOYERS  THAT  ARE  MUNICIPAL  CORPORATIONS  OR PUBLIC BENEFIT
CORPORATIONS THAT HAVE FIFTY OR FEWER EMPLOYEES EXCLUSIVE OF SPOUSES AND
DEPENDENTS.
  S 72. Paragraph 1 of subsection (d) of section 4317 of  the  insurance
law,  as  amended  by  section 2 of part A of chapter 494 of the laws of
2009, is amended to read as follows:
  (1) This section shall also apply  to  contracts  issued  to  a  group
defined  in  subsection (c) of section four thousand two hundred thirty-
five of this chapter, including but not limited  to  an  association  or
trust  of  employers, if the group includes one or more member employers
or other member groups which have fifty or fewer  employees  or  members
exclusive  of spouses and dependents, PROVIDED HOWEVER THAT THIS SECTION
SHALL NOT APPLY TO POLICIES ISSUED TO A GROUP  DEFINED  IN  SUBPARAGRAPH
(D)  OF  PARAGRAPH  ONE  OF  SUBSECTION (C) OF SECTION FOUR THOUSAND TWO
HUNDRED THIRTY-FIVE OF THIS CHAPTER, IF THE GROUP INCLUDES ONE  OR  MORE
MEMBER  EMPLOYERS  THAT  ARE  MUNICIPAL  CORPORATIONS  OR PUBLIC BENEFIT
CORPORATIONS THAT HAVE FIFTY OR FEWER EMPLOYEES EXCLUSIVE OF SPOUSES AND
DEPENDENTS.
  S 73. Subdivision 1 of section 103 of the general  municipal  law,  as
amended  by  section  1 of part FF of chapter 56 of the laws of 2010, is
amended to read as follows:
  1. Except as otherwise expressly provided by an act of the legislature
or by a local law adopted prior to  September  first,  nineteen  hundred
fifty-three,  all  contracts for public work involving an expenditure of
more than [thirty-five] ONE HUNDRED thousand dollars  and  all  purchase
contracts  involving an expenditure of more than [twenty] FIFTY thousand
dollars, shall be awarded by the appropriate officer, board or agency of
a political subdivision or of any district  therein  including  but  not

S. 5758--A                         67

limited  to  a  soil  conservation  district,  to the lowest responsible
bidder furnishing the required security after advertisement  for  sealed
bids in the manner provided by this section. In any case where a respon-
sible bidder's gross price is reducible by an allowance for the value of
used machinery, equipment, apparatus or tools to be traded in by a poli-
tical  subdivision,  the  gross  price shall be reduced by the amount of
such allowance, for the purpose of determining the  low  bid.  In  cases
where  two  or more responsible bidders furnishing the required security
submit identical bids as to price, such officer,  board  or  agency  may
award the contract to any of such bidders. Such officer, board or agency
may,  in  his  or her or its discretion, reject all bids and readvertise
for new bids in the manner provided  by  this  section.  In  determining
whether  a purchase is an expenditure within the discretionary threshold
amounts established by this subdivision, the officer, board or agency of
a political subdivision or of any district therein  shall  consider  the
reasonably  expected  aggregate  amount  of  all  purchases  of the same
commodities, services or technology to be made within  the  twelve-month
period  commencing  on  the date of purchase.  Purchases of commodities,
services or technology shall not be artificially divided for the purpose
of satisfying the discretionary buying thresholds  established  by  this
subdivision.  A change to or a renewal of a discretionary purchase shall
not be permitted if the change or renewal  would  bring  the  reasonably
expected  aggregate  amount  of  all  purchases of the same commodities,
services or technology from the same provider  within  the  twelve-month
period commencing on the date of the first purchase to an amount greater
than  the  discretionary  buying  threshold amount. For purposes of this
section, "sealed bids", as that  term  applies  to  purchase  contracts,
shall   include   bids  submitted  in  an  electronic  format  including
submission of the statement of non-collusion  required  by  section  one
hundred  three-d  of  this article, provided that the governing board of
the political subdivision or district, by resolution, has authorized the
receipt of bids in such format.   Submission in electronic  format  may,
[for  technology contracts only,] be required as the sole method for the
submission of bids. Bids submitted in  an  electronic  format  shall  be
transmitted  by  bidders to the receiving device designated by the poli-
tical subdivision or district. Any method  used  to  receive  electronic
bids  shall  comply  with article three of the state technology law, and
any rules and regulations promulgated and  guidelines  developed  there-
under  and, at a minimum, must (a) document the time and date of receipt
of each bid received electronically; (b) authenticate  the  identity  of
the  sender; (c) ensure the security of the information transmitted; and
(d) ensure the confidentiality of the bid until the time and date estab-
lished for the opening of bids. The timely submission of  an  electronic
bid  in compliance with instructions provided for such submission in the
advertisement for bids and/or the specifications shall be the  responsi-
bility  solely of each bidder or prospective bidder. No political subdi-
vision or district therein shall incur any liability from delays  of  or
interruptions  in the receiving device designated for the submission and
receipt of electronic bids.
  S 74.  Subdivision 1 of section 103 of the general municipal  law,  as
amended  by  section  2 of part FF of chapter 56 of the laws of 2010, is
amended as follows:
  1. Except as otherwise expressly provided by an act of the legislature
or by a local law adopted prior to  September  first,  nineteen  hundred
fifty-three,  all  contracts for public work involving an expenditure of
more than [thirty-five] ONE HUNDRED thousand dollars  and  all  purchase

S. 5758--A                         68

contracts  involving an expenditure of more than [twenty] FIFTY thousand
dollars, shall be awarded by the appropriate officer, board or agency of
a political subdivision or of any district  therein  including  but  not
limited  to  a  soil  conservation  district,  to the lowest responsible
bidder furnishing the required security after advertisement  for  sealed
bids  in  the  manner provided by this section. In determining whether a
purchase is an expenditure within the  discretionary  threshold  amounts
established by this subdivision, the officer, board or agency of a poli-
tical  subdivision or of any district therein shall consider the reason-
ably expected aggregate amount of all purchases of the same commodities,
services or  technology  to  be  made  within  the  twelve-month  period
commencing  on  the date of purchase. Purchases of commodities, services
or technology shall not be  artificially  divided  for  the  purpose  of
satisfying  the  discretionary  buying  thresholds  established  by this
subdivision. A change to or a renewal of a discretionary purchase  shall
not  be  permitted  if  the change or renewal would bring the reasonably
expected aggregate amount of all  purchases  of  the  same  commodities,
services  or  technology  from the same provider within the twelve-month
period commencing on the date of the first purchase to an amount greater
than the discretionary buying threshold amount.  In  any  case  where  a
responsible  bidder's  gross  price is reducible by an allowance for the
value of used machinery, equipment, apparatus or tools to be  traded  in
by  a  political  subdivision,  the  gross price shall be reduced by the
amount of such allowance, for the purpose of determining the low bid. In
cases where two or more  responsible  bidders  furnishing  the  required
security submit identical bids as to price, such officer, board or agen-
cy may award the contract to any of such bidders. Such officer, board or
agency  may, in his, her or its discretion, reject all bids and readver-
tise for new bids in the manner provided by this section.
  S 75. Intentionally omitted.
  S 76. The highway law is amended by adding a new section 11-a to  read
as follows:
  S  11-A. SERVICES AND REIMBURSEMENT. 1. NOTWITHSTANDING ANY INCONSIST-
ENT PROVISION OF LAW, GENERAL, SPECIAL OR LOCAL, THE DEPARTMENT, AT  THE
REQUEST  OF A MUNICIPALITY OR PUBLIC AUTHORITY, IS AUTHORIZED TO PROVIDE
SERVICES, MATERIALS, EQUIPMENT, PERSONNEL AND OTHER ASSISTANCE  TO  SUCH
MUNICIPALITY  OR PUBLIC AUTHORITY. THE DEPARTMENT SHALL KEEP AN ACCOUNT-
ING OF ALL COSTS INCURRED  IN  PROVIDING  ASSISTANCE  PURSUANT  TO  THIS
SUBDIVISION  AND SHALL BE FULLY REIMBURSED BY THE MUNICIPALITY OR PUBLIC
AUTHORITY REQUESTING ASSISTANCE.  REIMBURSEMENT PURSUANT TO THIS  SUBDI-
VISION  SHALL  BE IN THE FORM OF SERVICES, MATERIALS, MONEYS, OFFSETS OF
MONEYS DUE BY THE STATE TO SUCH MUNICIPALITY  OR  PUBLIC  AUTHORITY,  OR
SUCH OTHER CONSIDERATION AS DEEMED APPROPRIATE BY THE DEPARTMENT.
  2. NOTWITHSTANDING ANY INCONSISTENT PROVISION OF LAW, GENERAL, SPECIAL
OR  LOCAL,  A  MUNICIPALITY  OR  PUBLIC AUTHORITY, AT THE REQUEST OF THE
DEPARTMENT, IS AUTHORIZED TO  PROVIDE  SERVICES,  MATERIALS,  EQUIPMENT,
PERSONNEL  AND  OTHER ASSISTANCE TO THE DEPARTMENT TO ASSIST THE DEPART-
MENT. THE MUNICIPALITY OR PUBLIC AUTHORITY SHALL KEEP AN  ACCOUNTING  OF
ALL  COSTS INCURRED IN PROVIDING SUCH ASSISTANCE PURSUANT TO THIS SUBDI-
VISION AND SHALL  BE  FULLY  REIMBURSED  BY  THE  STATE  FOR  ASSISTANCE
RENDERED  TO  THE  DEPARTMENT AT THE DEPARTMENT'S REQUEST. REIMBURSEMENT
PURSUANT TO THIS SUBDIVISION SHALL BE IN THE FORM OF  SERVICES,  MATERI-
ALS, MONEYS, OFFSETS OF MONEYS DUE BY THE MUNICIPALITY OR PUBLIC AUTHOR-
ITY TO THE DEPARTMENT, OR SUCH OTHER CONSIDERATION AS DEEMED APPROPRIATE
BY THE MUNICIPALITY OR PUBLIC AUTHORITY.

S. 5758--A                         69

  S  77. Paragraphs a and d of subdivision 5 of section 220 of the labor
law, paragraph a as amended and paragraph d as added by chapter  447  of
the laws of 1983, are amended to read as follows:
  a. The "prevailing rate of wage," for the intents and purposes of this
article, shall be [the rate of wage paid in the locality, as hereinafter
defined, by virtue of collective bargaining agreements between bona fide
labor  organizations  and  employers  of  the private sector, performing
public or private work provided that  said  employers  employ  at  least
thirty per centum of workers, laborers or mechanics in the same trade or
occupation  in  the  locality  where  the  work  is being performed. The
prevailing rate of wage shall be annually determined in accordance here-
with by the fiscal officer no later than thirty days prior to July first
of each year, and the prevailing rate of wage for the period  commencing
July  first  of  such  year  through  June  thirtieth, inclusive, of the
following year shall be the rate of wage set forth  in  such  collective
bargaining  agreements for the period commencing July first through June
thirtieth, including those increases for such period which are  directly
ascertainable  from  such collective bargaining agreements by the fiscal
officer in his annual determination.  In the event that it is determined
after a contest, as provided in subdivision six of  this  section,  that
less  than  thirty  percent  of  the workers, laborers or mechanics in a
particular trade or occupation in the locality where the work  is  being
performed receive a collectively bargained rate of wage, then] the aver-
age  wage  paid to such workers, laborers or mechanics in the same trade
or occupation in the locality for the twelve-month period preceding  the
fiscal  officer's  annual determination [shall be the prevailing rate of
wage].  Laborers, workers or mechanics for whom  a  prevailing  rate  of
wage  is  to  be  determined shall not be considered in determining such
prevailing wage.  THE FISCAL OFFICER SHALL MAKE AN ANNUAL  DETERMINATION
OF THE PREVAILING WAGE, AND SHALL BE EMPOWERED TO CAUSE AN INVESTIGATION
TO  BE  MADE  TO  DETERMINE  THE WAGES PREVAILING IN ANY LOCALITY IN ALL
CRAFTS, TRADES AND OCCUPATIONS INVOLVED IN  WORK  TO  BE  PERFORMED;  IN
MAKING  SUCH  INVESTIGATION,  THE  FISCAL OFFICER SHALL UTILIZE WAGE AND
FRINGE BENEFIT DATA FROM VARIOUS SOURCES INCLUDING, BUT NOT LIMITED  TO,
DATA  AND  DETERMINATIONS  OF FEDERAL, STATE OR OTHER GOVERNMENTAL AGEN-
CIES, INCLUSIVE OF DATA ENCOMPASSING BOTH EMPLOYERS WHOSE EMPLOYEES  ARE
SUBJECT  TO COLLECTIVE BARGAINING AGREEMENTS AS WELL AS EMPLOYERS NOT SO
SUBJECT, AND TO ESTABLISH SUCH RATES IN SUCH A FASHION AS TO  GATHER  AN
ACCURATE AND FAIR MEASURE OF THOSE WAGE RATES.
  d. "Locality" means [such areas of the state described and defined for
a  trade  or  occupation in the current collective bargaining agreements
between bona fide labor  organizations  and  employers  of  the  private
sector,  performing public and private work] THE COUNTY OR, IN THE EVENT
THAT A PROJECT CROSSES THE BOUNDARIES OF TWO COUNTIES,  THE  AVERAGE  OF
THE PREVAILING WAGE OF THOSE TWO COUNTIES AS DEFINED BY THE FISCAL OFFI-
CER. IN THE CASE OF A CITY WITH A POPULATION OF ONE MILLION OR MORE, ALL
COUNTIES  COMPRISING  SUCH  A CITY SHALL BE CONSIDERED A SINGLE LOCALITY
FOR PURPOSES OF THIS SECTION.
  S 78. Subdivision 7 of section 230 of the labor law, as added by chap-
ter 777 of the laws of 1971, is amended to read as follows:
  7. "Locality" means [the state, a town, city, village or  other  civil
division  or  area of the state as determined by the fiscal officer. The
fiscal officer may fix a different geographic area  in  determining  the
locality for the prevailing basic hourly cash rate of pay and the local-
ity  for prevailing supplements] THE COUNTY WHERE SUCH BUILDING SERVICES
ARE PERFORMED. IN THE CASE OF A CITY WITH A POPULATION OF ONE MILLION OR

S. 5758--A                         70

MORE, ALL COUNTIES COMPRISING SUCH A CITY SHALL BE CONSIDERED  A  SINGLE
LOCALITY FOR PURPOSES OF THIS SECTION.
  S  79. Paragraph (a) of subdivision 1 of section 234 of the labor law,
as added by chapter 777 of the laws of  1971,  is  amended  to  read  as
follows:
  (a)  to  cause  an  investigation  to  be  made to determine the wages
prevailing in  any  locality  in  all  crafts,  trades  and  occupations
involved in service work; in making such investigation, the fiscal offi-
cer  may  utilize  wage  and  fringe  benefit  data from various sources
including, but not limited to, data and determinations of federal, state
or other governmental agencies,  INCLUSIVE  OF  DATA  ENCOMPASSING  BOTH
EMPLOYERS  WHOSE  EMPLOYEES  ARE SUBJECT TO COLLECTIVE BARGAINING AGREE-
MENTS AS WELL AS EMPLOYERS NOT SO SUBJECT, AND TO ESTABLISH  SUCH  RATES
IN  SUCH  A  FASHION  AS TO GATHER AN ACCURATE AND FAIR MEASURE OF THOSE
WAGE RATES;
  S 80. The general municipal law is amended by adding a new section  25
to read as follows:
  S  25.  CONSIDERATION  OF  REAL  PROPERTY TAX LEVY IMPACTS OF A PUBLIC
EMPLOYEE CONTRACT. 1. PRIOR TO ITS PRESENTMENT TO THE GOVERNING BODY  OF
A MUNICIPAL CORPORATION, THE PUBLIC OFFICER OF THE MUNICIPAL CORPORATION
WHO IS LEGALLY RESPONSIBLE FOR SIGNING A COLLECTIVE BARGAINING AGREEMENT
WHICH  CONTAINS  ANY INCREASE IN WAGES OR BENEFITS FOR PUBLIC EMPLOYEES,
SHALL FIRST CONSIDER WHETHER SIGNING SUCH CONTRACT WOULD RESULT  IN  ANY
INCREASE  TO  THE MUNICIPAL CORPORATION'S REAL PROPERTY TAX LEVY. IN THE
EVENT THAT SUCH PUBLIC OFFICER ELECTS TO SIGN SUCH COLLECTIVE BARGAINING
AGREEMENT, HE OR SHE SHALL, PRIOR TO THE PRESENTMENT OF  SUCH  AGREEMENT
FOR  APPROVAL BY THE GOVERNING BODY OF THE MUNICIPAL CORPORATION, INFORM
SUCH GOVERNING BODY OF THE AMOUNT OF THE PROJECTED INCREASE IN THE  REAL
PROPERTY TAX LEVY THAT SUCH COLLECTIVE BARGAINING AGREEMENT WOULD HAVE.
  2.  PRIOR  TO  TAKING  ANY  VOTE  TO APPROVE ANY COLLECTIVE BARGAINING
AGREEMENT WHICH CONTAINS ANY INCREASE IN WAGES OR  BENEFITS  FOR  PUBLIC
EMPLOYEES,  THE  GOVERNING  BODY  OF A MUNICIPAL CORPORATION SHALL FIRST
CONSIDER WHETHER APPROVING SUCH CONTRACT WOULD RESULT IN ANY INCREASE TO
THE MUNICIPAL CORPORATION'S REAL PROPERTY TAX LEVY. IN  THE  EVENT  THAT
SUCH  GOVERNING BODY ELECTS TO APPROVE SUCH COLLECTIVE BARGAINING AGREE-
MENT, THEY SHALL CAUSE TO HAVE POSTED ON THE OFFICIAL  WEBSITE  OF  SUCH
MUNICIPAL  CORPORATION,  IF  THE  MUNICIPAL CORPORATION MAINTAINS ONE, A
PUBLIC NOTICE FOR NOT LESS THAN THIRTY DAYS, DETAILING THE TERMS OF  THE
COLLECTIVE  BARGAINING AGREEMENT SO APPROVED, THE INCREASES IN WAGES AND
BENEFITS, THE TOTAL AMOUNT OF THE INCREASED EXPENDITURES  THE  MUNICIPAL
CORPORATION  WILL  HAVE  TO MAKE OVER THE TERM OF THE AGREEMENT, AND THE
PROJECTED AMOUNT OF THE REAL PROPERTY TAX LEVY INCREASE.
  S 81. Paragraph (c) of subdivision 4  of  section  209  of  the  civil
service law, as amended by chapter 216 of the laws of 1977, subparagraph
(iii)  as  amended  by  chapter 442 of the laws of 1995 and subparagraph
(vi) as amended by chapter 113 of the laws of 2006, is amended  to  read
as follows:
  (c)  (i)  upon  petition  of  either  party, the board shall refer the
dispute to a public arbitration panel as hereinafter provided;
  (ii) the public arbitration panel BE  CONSIDERED  A  PUBLIC  BODY  FOR
PURPOSES  OF  ARTICLE SEVEN OF THE PUBLIC OFFICERS LAW AND shall consist
of one member appointed by the public employer, one member appointed  by
the employee organization and one public member appointed jointly by the
public  employer  and employee organization who shall be selected within
ten days after receipt by the board of a petition for  creation  of  the
arbitration  panel. If either party fails to designate its member to the

S. 5758--A                         71

public arbitration panel, the board shall promptly, upon  receipt  of  a
request  by either party, designate a member associated in interest with
the public employer or employee organization he is to represent. Each of
the  respective  parties  is to bear the cost of its member appointed or
designated to the arbitration panel and each of the  respective  parties
is to share equally the cost of the public member. If, within seven days
after  the  mailing  date,  the parties are unable to agree upon the one
public member, the board shall submit to the parties a  list  of  quali-
fied,  disinterested  persons  for  the  selection of the public member.
Each party shall alternately strike from the list one of the names  with
the  order of striking determined by lot, until the remaining one person
shall be designated as public member. This process  shall  be  completed
within  five  days of receipt of this list. The parties shall notify the
board of the designated public member. The public member shall be chosen
as chairman;
  (iii) the public arbitration panel shall hold PUBLIC hearings  on  all
matters  related  to  the  dispute.  The  parties may be heard either in
person, by counsel, or by other representatives, as they may respective-
ly designate. The panel may grant more than  one  adjournment  each  for
each party; provided, however, that a second request of either party and
any  subsequent  adjournments may be granted on request of either party,
provided that the party which requests the  adjournment  shall  pay  the
arbitrator's  fee. The parties may present, either orally or in writing,
or both, statements of fact, supporting witnesses  and  other  evidence,
and  argument  of  their respective positions with respect to each case.
The panel shall have authority to require the production of  such  addi-
tional  evidence,  either  oral  or  written  as  it may desire from the
parties and shall provide at the request of either party that a full and
complete record be kept of any such hearings, the cost of such record to
be shared equally by the parties;
  (iv) all matters presented to the public  arbitration  panel  for  its
determination  shall be decided by a majority vote of the members of the
panel. The panel, prior to a vote on any issue  in  dispute  before  it,
shall, upon the joint request of its two members representing the public
employer  and  the  employee organization respectively, refer the issues
back to the parties for further negotiations;
  (v) the public arbitration panel shall  make  a  just  and  reasonable
determination  of  the  matters in dispute. In arriving at such determi-
nation, the panel shall CONSIDER, ABOVE ALL OTHER FACTORS, THE FINANCIAL
ABILITY OF THE PUBLIC EMPLOYER TO PAY. THE PUBLIC EMPLOYER'S ABILITY  TO
PAY  SHALL  BE  DEFINED  AS  EXISTING  FISCAL CAPACITY WITHOUT RESORT TO
EITHER NEW OR INCREASED TAXATION INCLUDING,  BUT  NOT  LIMITED  TO,  THE
LEVEL OF TAXATION IN THE POLITICAL SUBDIVISION COMPARED TO SIMILAR POLI-
TICAL  SUBDIVISIONS  IN  OTHER  AREAS  OF  THE  STATE, THE TAX BASE, ANY
EVIDENCE OF ECONOMIC DECLINE AND ANY OTHER APPLICABLE MEASURES OF FISCAL
DISTRESS, OR EXTRAORDINARY REDUCTIONS  IN  OTHER  GOVERNMENTAL  EXPENDI-
TURES. THE ARBITRATION PANEL SHALL ALSO CONSIDER THE COMPETING FINANCIAL
OBLIGATIONS  OF THE PUBLIC EMPLOYER WHICH MAY BE AFFECTED BY SUCH DETER-
MINATION AND SPECIFICALLY THE IMPACT OF ANY SUCH  DETERMINATION  ON  THE
EXISTING  LEVEL  OF  MUNICIPAL  SERVICES  AND ON ONGOING NEGOTIATIONS OR
SUCCESSOR NEGOTIATIONS WITH EMPLOYEE  ORGANIZATIONS  REPRESENTING  OTHER
EMPLOYEES  OF  THE  PUBLIC EMPLOYER. THE ARBITRATION PANEL SHALL SPECIFY
ITS RATIONALE IN THE DETERMINATION, INCLUDING THE CONSIDERATION OF  SUCH
ABILITY  OF  THE  PUBLIC  EMPLOYER  TO  PAY  WITHOUT RESORTING TO NEW OR
INCREASED TAXATION. THE PANEL SHALL specify the basis for its  findings,

S. 5758--A                         72

taking  into  SECONDARY consideration, in addition to any other relevant
factors, the following:
  a.  comparison of the wages, hours and conditions of employment of the
employees involved in the arbitration proceeding with the wages,  hours,
and  conditions  of  employment  of  other  employees performing similar
services or requiring similar skills under  similar  working  conditions
and  with  other employees generally in public and private employment in
comparable communities.
  b. the GENERAL interests and welfare of the public [and the  financial
ability of the public employer to pay];
  c.   comparison   of  peculiarities  in  regard  to  other  trades  or
professions, including specifically,  (1)  hazards  of  employment;  (2)
physical  qualifications;  (3)  educational  qualifications;  (4) mental
qualifications; (5) job training and skills; AND
  d. the terms of collective agreements negotiated between  the  parties
in  the  past providing for compensation and fringe benefits, including,
but not limited to, the provisions for salary, insurance and  retirement
benefits,  medical  and  hospitalization benefits, paid time off and job
security.
  (vi) the determination of the public  arbitration  panel  shall,  WHEN
EFFECTING A LOCAL GOVERNMENT, BE PRESENTED AT A REGULAR OR SPECIAL MEET-
ING  OF  THE  LOCAL  LEGISLATIVE  BODY FOR SUCH GOVERNMENT, AND SHALL be
final and binding upon the parties for  the  period  prescribed  by  the
panel,  but  in  no  event  shall  such period exceed two years from the
termination date of any previous collective bargaining agreement  or  if
there  is  no previous collective bargaining agreement then for a period
not to exceed two years from the date of  determination  by  the  panel.
Such  determination  shall  not  be subject to the approval of any local
legislative body  or  other  municipal  authority.  Notwithstanding  the
provisions  of  this  subparagraph to the contrary, where the parties to
[a] THE public arbitration are those [anticipated by the  provisions  of
paragraphs  (e)  and  (f) of this subdivision the state and such parties
may agree to confer authority to the  public  arbitration  panel]  WHICH
BECAME  SUBJECT  TO  THIS  SUBDIVISION  BY VIRTUE OF CHAPTER SIX HUNDRED
FORTY-ONE OF THE LAWS OF NINETEEN HUNDRED NINETY-EIGHT, THE PUBLIC ARBI-
TRATION PANEL SHALL HAVE THE AUTHORITY to  issue  a  final  and  binding
determination  for  a  period  up  to  and including four years.   ADDI-
TIONALLY, UPON THE ISSUANCE OF SUCH  FINAL  DETERMINATION  BY  A  PUBLIC
ARBITRATION PANEL, NEITHER PARTY SHALL ELECT TO USE A PUBLIC ARBITRATION
PANEL  FOR  PURPOSES OF DISPUTE RESOLUTION UNTIL THE NEXT TWO SUCCEEDING
COLLECTIVE BARGAINING AGREEMENTS HAVE EXPIRED.
  (vii) the determination of  the  public  arbitration  panel  shall  be
subject  to  review  by  a court of competent jurisdiction in the manner
prescribed by law.
  S 82. Intentionally omitted.
  S 83. Intentionally omitted.
  S 84. Severability. If any clause,  sentence,  paragraph,  section  or
part  of  this act shall be adjudged by any court of competent jurisdic-
tion to be invalid and after exhaustion of all further judicial  review,
the judgment shall not affect, impair or invalidate the remainder there-
of,  but  shall  be  confined  in its operation to the clause, sentence,
paragraph, section or part of this act directly involved in the  contro-
versy in which the judgment shall have been rendered.
  S 85. This act shall take effect immediately; provided:
  1.  sections  one and fifteen of this act shall be deemed to have been
in full force and effect on and after April 1, 2011 and shall  apply  to

S. 5758--A                         73

any  general  or special law imposing mandates on municipal corporations
or school districts enacted on or after such  effective  date;  and  the
commissioner  of  education shall adopt any regulations needed to imple-
ment the provisions of sections one, fifteen, seventeen, eighteen, thir-
ty-six,  sixty-three, sixty-four and sixty-five of this act on or before
July 1, 2012;
  2. the amendments to subdivision 1  of  section  103  of  the  general
municipal law made by section seventy-three of this act shall not affect
the  expiration of such subdivision and shall be deemed to expire there-
with, when upon such date the provisions of section seventy-four of this
act shall take effect;
  3. sections twelve, twelve-a, twelve-b, twenty through  twenty-six  of
this  act  shall  take  effect  on the ninetieth day after it shall have
become a law;
  4. section thirteen of this act shall expire and be deemed repealed  5
years after such section takes effect;
  5. Intentionally omitted.
  6.  the  amendments to paragraph (c) of subdivision 6 of section 367-a
of the social services law made by  section  twenty-seven  of  this  act
shall  not affect the repeal of such paragraph and shall be deemed to be
repealed therewith;
  7. section forty-two of this act shall take effect on the sixtieth day
after it shall have become a law;
  8. sections forty-four, forty-five, forty-six, eighty-three and eight-
y-two of this act shall take effect on the  one  hundred  twentieth  day
after it shall have become a law;
  9.  section  fifty-six  of this act shall take effect on the same date
and in the same manner as section 4 of part F of chapter 58 of the  laws
of 2010, takes effect;
  10. section fifty-seven of this act shall take effect October 1, 2011;
  11. the amendments to paragraph (c) of subdivision 4 of section 209 of
the  civil  service law made by section eighty-one of this act shall not
affect the expiration of such subdivision and shall be deemed to  expire
therewith;
  12. sections seventy-seven, seventy-eight and seventy-nine of this act
shall  take  effect  on the first of January next succeeding the date on
which it shall have become a law;
  13. the commissioner of labor shall  promulgate  regulations  required
under  sections  eighty-two  and  eighty-three  of  this  act within one
hundred twenty days of the effective date of such sections.
  14. sections twelve, twelve-a, twelve-b shall  expire  and  be  deemed
repealed on June 30, 2014; and
  15.  sections  57,  57-a,  57-b  and 57-c shall take effect October 1,
2011.

                                 PART D

  Section 1. Intentionally omitted.
  S 2. Intentionally omitted.
  S 3. Intentionally omitted.
  S 4. The general municipal law is amended by adding a new section  5-c
to read as follows:
  S  5-C.   ACQUISITION AND USE OF CREDIT CARDS BY LOCAL GOVERNMENTS. 1.
THE FOLLOWING TERMS, WHEN USED OR REFERRED TO  IN  THIS  SECTION,  SHALL
HAVE THE FOLLOWING MEANING:

S. 5758--A                         74

  (A)  "CREDIT  CARD"  MEANS  ANY  IDENTIFICATION PLATE, CARD OR SIMILAR
DEVICE ISSUED BY A PERSON TO A LOCAL GOVERNMENT WHICH  MAY  BE  USED  TO
PURCHASE  OR  LEASE  PROPERTY  OR  ACQUIRE SERVICES ON THE CREDIT OF THE
PERSON ISSUING THE CREDIT CARD OR A  PERSON  WHO  HAS  AGREED  WITH  THE
ISSUER  TO  PAY OBLIGATIONS ARISING FROM THE USE OF A CREDIT CARD ISSUED
TO ANOTHER PERSON. FOR PURPOSES OF THIS SECTION, "CREDIT CARD" SHALL NOT
INCLUDE A DEBIT CARD OR SIMILAR DEVICE THE USE OF WHICH  AUTHORIZES  THE
TRANSFER OR WITHDRAWAL OF ANY FUNDS OF THE LOCAL GOVERNMENT, AND NOTHING
IN THIS SECTION SHALL BE DEEMED TO AUTHORIZE THE USE, BY OR ON BEHALF OF
THE  LOCAL GOVERNMENT OF A DEBIT CARD OR SIMILAR DEVICE THE USE OF WHICH
AUTHORIZES THE TRANSFER OR WITHDRAWAL OF ANY FUNDS OF THE LOCAL  GOVERN-
MENT.
  (B) "CARD ISSUER" MEANS ANY ISSUER OF A CREDIT CARD.
  (C) "FINANCING AGENCY" MEANS ANY AGENCY DEFINED AS SUCH IN SUBDIVISION
EIGHTEEN OF SECTION FOUR HUNDRED ONE OF THE PERSONAL PROPERTY LAW.
  (D)  "PERSON"  MEANS  ANY  INDIVIDUAL, PARTNERSHIP, CORPORATION OR ANY
OTHER LEGAL OR COMMERCIAL ENTITY.
  2. NO CREDIT CARD MAY BE USED BY OR ON BEHALF OF ANY LOCAL GOVERNMENT,
AS SUCH TERM IS DEFINED IN SECTION  TEN  OF  THIS  ARTICLE,  UNLESS  THE
GOVERNING  BOARD  OF  THE  LOCAL  GOVERNMENT, BY LOCAL LAW, ORDINANCE OR
RESOLUTION, DETERMINES THAT IT IS IN THE PUBLIC  INTEREST  TO  AUTHORIZE
SUCH  LOCAL  GOVERNMENT  TO  ENTER  INTO  AN  AGREEMENT WITH ONE OR MORE
FINANCING AGENCIES OR CARD ISSUERS TO PROVIDE FOR THE ISSUANCE OF ONE OR
MORE CREDIT CARDS FOR THE PROCUREMENT OF COMMODITIES  AND  SERVICES  AND
FOR  USE  BY AUTHORIZED OFFICERS AND EMPLOYEES IN CONNECTION WITH TRAVEL
AND OTHER ACTUAL AND NECESSARY EXPENSES. THE CREDIT CARD OR CARDS  SHALL
BE  ISSUED IN THE NAME OF THE LOCAL GOVERNMENT AND THE SPECIFIC OFFICERS
AND EMPLOYEES, IN THEIR OFFICIAL CAPACITIES, AUTHORIZED PURSUANT TO  THE
INTERNAL  CREDIT CARD POLICY ADOPTED IN ACCORDANCE WITH SUBDIVISION FOUR
OF THIS SECTION, TO UTILIZE THE CREDIT CARD OR CARDS ISSUED TO THE LOCAL
GOVERNMENT. ANY SUCH LOCAL LAW, ORDINANCE OR RESOLUTION SHALL INCLUDE AN
INTERNAL CREDIT CARD POLICY, IN ACCORDANCE WITH SUBDIVISION FOUR OF THIS
SECTION, SETTING FORTH REQUIREMENTS FOR  THE  USE  OF  CREDIT  CARDS  ON
BEHALF  OF THE LOCAL GOVERNMENT. THE TERMS AND CONDITIONS OF SUCH AGREE-
MENT MUST BE CONSISTENT WITH THIS SECTION AND THE INTERNAL  CREDIT  CARD
POLICY  OF  THE LOCAL GOVERNMENT, AND SHALL BE DEEMED TO INCORPORATE THE
PROVISIONS OF SUBDIVISION TEN OF THIS SECTION.
  3. THE OFFICERS AND EMPLOYEES OF ANY LOCAL GOVERNMENT THAT HAS ENTERED
INTO AN AGREEMENT WITH A FINANCING AGENCY OR CARD ISSUER  AS  AUTHORIZED
BY  THE  PROVISIONS  OF  SUBDIVISION  TWO OF THIS SECTION MAY USE CREDIT
CARDS ONLY IN ACCORDANCE WITH THE  LOCAL  GOVERNMENT'S  INTERNAL  CREDIT
CARD POLICY FOR THE PROCUREMENT OF COMMODITIES AND SERVICES FOR PROPERLY
AUTHORIZED  MUNICIPAL  PURPOSES,  AND FOR PROPERLY AUTHORIZED TRAVEL AND
OTHER ACTUAL AND NECESSARY EXPENSES. ANY SUCH OFFICER OR EMPLOYEE  USING
SUCH  CREDIT  CARD  OR  CARDS  SHALL  BE PERSONALLY LIABLE FOR ALL COSTS
INCURRED BY THE LOCAL GOVERNMENT IN  CONNECTION  WITH  THE  IMPROPER  OR
UNAUTHORIZED USE BY THE OFFICER OR EMPLOYEE OF THE CREDIT CARD OR CARDS.
  4.  THE  INTERNAL CREDIT CARD POLICY ADOPTED BY THE GOVERNING BOARD OF
ANY LOCAL GOVERNMENT  THAT  HAS  DETERMINED  TO  USE  CREDIT  CARDS  FOR
PROCUREMENT  OF  COMMODITIES,  SERVICES  OR  TRAVEL AND OTHER ACTUAL AND
NECESSARY EXPENSES SHALL CONTAIN PROVISIONS PERTAINING TO:
  (A) THE PARTICULAR OFFICERS  AND  EMPLOYEES,  OTHERWISE  EMPOWERED  TO
PROCURE COMMODITIES OR SERVICES ON BEHALF OF THE LOCAL GOVERNMENT, OR TO
INCUR TRAVEL AND OTHER ACTUAL AND NECESSARY EXPENSES, WHO ARE AUTHORIZED
TO UTILIZE THE CREDIT CARD OR CARDS ISSUED TO THE LOCAL GOVERNMENT;

S. 5758--A                         75

  (B)  AN AUTHORIZED CREDIT LIMIT FOR EACH CARD AND IN THE AGGREGATE FOR
ALL CARDS ISSUED TO THE LOCAL GOVERNMENT, AND, IF  THE  GOVERNING  BOARD
CHOOSES, AN AUTHORIZED CREDIT LIMIT PER TRANSACTION;
  (C)  LIMITATIONS,  IF ANY, ON THE TYPES OF COMMODITIES OR SERVICES, OR
TRAVEL AND OTHER ACTUAL AND NECESSARY EXPENSES,  FOR  WHICH  THE  CREDIT
CARD  OR CARDS MAY BE USED, AND THE CIRCUMSTANCES UNDER WHICH THE CREDIT
CARD OR CARDS MAY BE USED FOR SUCH PURPOSES;
  (D) THE PERIODIC MONITORING BY THE APPROPRIATE OFFICIALS OF THE  LOCAL
GOVERNMENT OF THE USE OF THE CREDIT CARD OR CARDS;
  (E)  THE  DOCUMENTATION  REQUIRED  OF AN OFFICER OR EMPLOYEE USING THE
CREDIT CARD FOR COMMODITIES OR SERVICES OR FOR TRAVEL AND  OTHER  ACTUAL
AND  NECESSARY EXPENSES, IN ORDER TO FACILITATE THE APPROPRIATE AUDIT OF
THE RESULTING CLAIMS SUBMITTED BY A FINANCING AGENCY OR CARD ISSUER, AND
THE TIMEFRAME IN WHICH SUCH DOCUMENTATION IS REQUIRED TO BE SUBMITTED BY
THE OFFICER OR EMPLOYEE AFTER THEIR USE OF A CREDIT CARD;
  (F) THE MEANS OF RECOUPING FROM THE RESPONSIBLE  OFFICER  OR  EMPLOYEE
COSTS INCURRED WITH RESPECT TO ANY ILLEGAL OR UNAUTHORIZED EXPENDITURES,
OR IMPROPER USAGE OF THE CREDIT CARD OR CARDS; AND
  (G)  ANY OTHER TERMS OR CONDITIONS DEEMED BY THE GOVERNING BOARD TO BE
NECESSARY TO EFFECTUATE THE PROPER USE OF A CREDIT CARD OR CARDS.
  5. EXCEPT AS EXPRESSLY  PROVIDED  IN  THIS  SECTION,  PROCUREMENTS  OF
COMMODITIES  AND  SERVICES  FOR  WHICH  A  CREDIT  CARD IS USED SHALL BE
SUBJECT TO ALL LAWS  OTHERWISE  APPLICABLE  TO  MUNICIPAL  PROCUREMENTS,
INCLUDING,  BUT  NOT  LIMITED,  TO  SECTIONS  ONE  HUNDRED THREE AND ONE
HUNDRED FOUR-B OF THIS CHAPTER. TRAVEL AND OTHER  ACTUAL  AND  NECESSARY
EXPENSES FOR WHICH A CREDIT CARD IS USED SHALL BE INCURRED IN ACCORDANCE
WITH AND SHALL BE SUBJECT TO ALL LAWS OTHERWISE APPLICABLE TO THE INCUR-
RING OF SUCH MUNICIPAL CHARGES BY OFFICERS AND EMPLOYEES.
  6.  NO  PAYMENT  TO A FINANCING AGENCY OR CARD ISSUER FOR COMMODITIES,
SERVICES OR TRAVEL OR OTHER ACTUAL AND NECESSARY EXPENSES  FOR  WHICH  A
CREDIT  CARD  WAS  USED  MAY  BE  MADE  UNLESS, IN ADDITION TO ALL OTHER
REQUIREMENTS FOR THE AUDIT AND APPROVAL  OF  CLAIMS,  THE  DOCUMENTATION
REQUIRED  BY  THE LOCAL GOVERNMENT'S INTERNAL CREDIT CARD POLICY ADOPTED
IN ACCORDANCE WITH SUBDIVISION FOUR OF THIS SECTION IS SUBMITTED TO  THE
AUDITING  BODY  OR OFFICIAL OF THE LOCAL GOVERNMENT AND A CLAIM FROM THE
FINANCING AGENCY OR CARD ISSUER IS AUDITED AND  APPROVED  IN  ACCORDANCE
WITH  LAWS  GENERALLY  APPLICABLE  TO  THE  LOCAL GOVERNMENT'S AUDIT AND
APPROVAL OF CLAIMS FUNCTION.
  7. IF AFTER A CLAIM IS PRESENTED FOR AUDIT, A CREDIT  CARD  CHARGE  IS
DISALLOWED  IN  WHOLE  OR  IN  PART,  THE  LOCAL GOVERNMENT SHALL NOT BE
RESPONSIBLE FOR PAYMENT OF THE DISALLOWED  CHARGE  OR  ANY  INTEREST  OR
PENALTY  WHICH SHALL HAVE ACCRUED AS A RESULT OF SUCH DISALLOWED CHARGE.
ANY AGREEMENT THAT IS ENTERED INTO PURSUANT TO  THIS  SECTION  SHALL  BE
DEEMED  TO INCORPORATE THIS PROVISION. NOTHING CONTAINED HEREIN SHALL BE
CONSTRUED TO LIMIT ANY RIGHT THAT A  FINANCING  AGENCY  OR  CREDIT  CARD
ISSUER MAY HAVE UNDER LAW TO RECOVER THE AMOUNT OF ANY DISALLOWED CHARGE
OR INTEREST OR PENALTY THEREON FROM ANY OTHER PERSON OR ENTITY.
  8.  THE  AUDIT  OF  ANY  CLAIM SUBMITTED BY A FINANCING AGENCY OR CARD
ISSUER SHALL BE UNDERTAKEN IN A TIMELY FASHION SO THAT, UPON APPROVAL OF
THE CLAIM, PAYMENT MAY BE MADE PRIOR TO THE IMPOSITION  OF  INTEREST  OR
PENALTY CHARGES.
  9.  CONTRACTS  ENTERED  INTO  PURSUANT  TO  THIS SECTION BETWEEN LOCAL
GOVERNMENTS AND FINANCING AGENCIES OR  CARD  ISSUERS  SHALL  BE  AWARDED
AFTER THE SOLICITATION OF ALTERNATIVE PROPOSALS OR QUOTATIONS IN ACCORD-
ANCE  WITH  THE  LOCAL GOVERNMENT'S WRITTEN INTERNAL POLICIES AND PROCE-
DURES GOVERNING PROCUREMENTS ADOPTED PURSUANT  TO  SECTION  ONE  HUNDRED

S. 5758--A                         76

FOUR-B  OF  THIS  CHAPTER.  IN THE CASE OF A SCHOOL DISTRICT OR BOARD OF
COOPERATIVE EDUCATIONAL  SERVICES,  SUCH  POLICIES  AND  PROCEDURES  MAY
PROVIDE  FOR  THE  SCHOOL  DISTRICT  OR BOARD OF COOPERATIVE EDUCATIONAL
SERVICES  TO  ENGAGE  THE  SERVICES OF A FINANCING AGENCY OR CARD ISSUER
PURSUANT TO A COOPERATIVE PROCUREMENT AGREEMENT FOR SUCH  SERVICES  WITH
ONE  OR  MORE  LOCAL GOVERNMENTS OF THIS STATE OR OF ANY OTHER STATE, OR
THROUGH AN EXISTING COOPERATIVE PROCUREMENT AGREEMENT ENTERED INTO AMONG
LOCAL GOVERNMENTS OF THIS STATE OR ANY OTHER STATE FOR SUCH SERVICES  IF
SUCH  EXISTING  CONTRACT  HAS  BEEN  AWARDED  PURSUANT  TO A COMPETITIVE
REQUEST FOR PROPOSALS PROCESS AND HAS BEEN EXTENDED OR OFFERED  FOR  USE
BY  OTHER LOCAL GOVERNMENTS; PROVIDED, HOWEVER, THAT THE GOVERNING BOARD
OF THE SCHOOL DISTRICT OR  BOARD  OF  COOPERATIVE  EDUCATIONAL  SERVICES
SHALL  FIRST  DETERMINE THAT ENGAGING THE SERVICES OF A FINANCING AGENCY
OR CARD ISSUER PURSUANT TO OR THROUGH A COOPERATIVE  PROCUREMENT  AGREE-
MENT  WILL RESULT IN COST SAVINGS AND THAT ANY SUCH COOPERATIVE PROCURE-
MENT AGREEMENT IS FULLY  IN  COMPLIANCE  WITH  THE  PROVISIONS  OF  THIS
SECTION.
  10. NO LIABILITY TO A FINANCING AGENCY OR CARD ISSUER UNDER A CONTRACT
ENTERED  INTO  PURSUANT TO THIS SECTION SHALL CONSTITUTE A GENERAL OBLI-
GATION INDEBTEDNESS OF THE LOCAL GOVERNMENT, AND NEITHER THE  FAITH  AND
CREDIT,  NOR THE TAXING POWER OF THE LOCAL GOVERNMENT, MAY BE PLEDGED TO
THE PAYMENT OF ANY AMOUNT DUE OR TO BECOME DUE UNDER SUCH A CONTRACT.
  S 5. Section 20.00 of the local finance law is amended by adding a new
paragraph e to read as follows:
  E. NOTHING CONTAINED IN THIS SECTION SHALL BE CONSTRUED TO  PREVENT  A
MUNICIPALITY, SCHOOL DISTRICT OR DISTRICT CORPORATION FROM ENTERING INTO
AN AGREEMENT WITH ONE OR MORE FINANCING AGENCIES OR CARD ISSUERS FOR THE
ISSUANCE  OF  A  CREDIT  CARD  OR CARDS IN THE NAME OF THE MUNICIPALITY,
SCHOOL DISTRICT OR DISTRICT CORPORATION OR FROM USING SUCH  CREDIT  CARD
OR  CARDS  FOR  THE PROCUREMENT OF COMMODITIES, SERVICES AND EXPENSES IN
ACCORDANCE WITH SECTION FIVE-C OF THE GENERAL MUNICIPAL LAW.
  S 6. Subdivision 2 of section 27 of the municipal home  rule  law,  as
amended  by  chapter  259  of  the  laws  of 1987, is amended to read as
follows:
  2. Each such certified copy shall contain the text only of  the  local
law without the brackets and without the matter within the brackets, the
matter  with  a line run through it, or the italicizing or underscoring,
if any, to indicate the changes made by it, except that each such certi-
fied copy of a local law enacted by a city  with  a  population  of  one
million  or  more shall be printed in the same form as the official copy
of the proposed local law which became the local law provided that  line
numbers,  the printed number of the bill and explanatory matter shall be
omitted[, and also have attached thereto a certificate executed  by  the
corporation  counsel,  municipal attorney or other principal law officer
to the effect that it contains the correct  text  and  that  all  proper
proceedings  have been had or taken for the enactment of such local law,
which  certificate  shall  constitute  presumptive   evidence   thereof,
provided that any failure or omission so to certify shall not invalidate
such local law].
  S  7.  Subdivision  5  of section 27 of the municipal home rule law is
REPEALED and subdivisions 6 and 7 are renumbered subdivisions 5 and 6.
  S 8. Subdivisions 1 and 1-a of section 209-q of the general  municipal
law,  subdivision 1 as amended by chapter 735 of the laws of 1988, para-
graphs (b) and (c) of subdivision 1 as amended by  chapter  551  of  the
laws  of 2001 and subdivision 1-a as added by chapter 671 of the laws of
1967, are amended to read as follows:

S. 5758--A                         77

  1. (a) Notwithstanding the provisions of any general, special or local
law or charter to the contrary, no  person  shall[,  after  July  first,
nineteen  hundred sixty,] receive an original appointment on a permanent
basis as a police officer of any county, city, town, village  or  police
district unless such person has previously been awarded a certificate by
the [executive director] CHAIRMAN of the municipal police training coun-
cil created under article thirty-five of the executive law, attesting to
his OR HER satisfactory completion of an approved municipal police basic
training  program;  and  every  person  who is appointed [on a temporary
basis or for a probationary term or on other than a permanent basis]  as
a police officer [of any county, city, town, village or police district]
shall  forfeit  his  OR HER position as such unless he OR SHE previously
has satisfactorily completed, or within the  time  prescribed  by  regu-
lations  promulgated  by  the governor pursuant to section eight hundred
forty-two  of  the  executive  law,  satisfactorily  completes[,  a]  AN
APPROVED  municipal  police  basic  training  program  [for temporary or
probationary police officers] and  is  awarded  a  certificate  by  such
[director] CHAIRMAN attesting thereto.
  (b)  A certificate attesting to satisfactory completion of an approved
municipal police basic training program awarded by the [executive direc-
tor] CHAIRMAN of the municipal police training council pursuant to  this
subdivision shall remain valid:
  (i)  during  the  holder's  continuous service as a police officer [or
peace officer who has an  equivalency  certificate  for  police  officer
training  or  an approved course for state university of New York public
safety officers issued in accordance with subdivision three  of  section
eight hundred forty-one of the executive law]; and
  (ii)  for  [two]  FIVE  years after the date of the commencement of an
interruption in such service where the holder had, immediately prior  to
such  interruption, served as a police officer [or peace officer who has
an equivalency certificate for police officer training  or  an  approved
course for state university of New York public safety officers issued in
accordance  with subdivision three of section eight hundred forty-one of
the executive law, for less than two consecutive years]; or
  (iii) [for four years after the date of the commencement of an  inter-
ruption  in such service where the holder had, immediately prior to such
interruption, served as a police officer or peace  officer  who  has  an
equivalency  certificate  for  police  officer  training  or an approved
course for state university of New York public safety officers issued in
accordance with subdivision three of section eight hundred forty-one  of
the executive law, for two consecutive years or longer; or
  (iv)]  where the holder, whose interruption in continuous service as a
police officer does not exceed ten years, has  satisfactorily  completed
an  approved  police officer refresher course [or where a peace officer,
who seeks an equivalency certificate for police officer training  or  an
approved  course for state university of New York public safety officers
issued in accordance with subdivision three  of  section  eight  hundred
forty-one  of  the  executive law, has satisfactorily completed relevant
police officer training courses,] as prescribed by the municipal  police
training council.
  (c)  As used in this subdivision, the term "interruption" shall mean a
period of separation from employment as a police officer [or peace offi-
cer who has an equivalency certificate for police officer training or an
approved course for state university of New York public safety  officers
issued  in  accordance  with  subdivision three of section eight hundred

S. 5758--A                         78

forty-one of the executive law,] by reason of such  officer's  leave  of
absence, resignation or removal, other than removal for cause.
  1-a.  Notwithstanding  the provisions of any general, special or local
law or charter, the promotion of any  police  officer  to  a  first-line
supervisory  position  [on  or after July first, nineteen hundred sixty-
seven,] shall not become permanent unless such police officer has previ-
ously been awarded a certificate by the [executive director] CHAIRMAN of
the municipal police training council created under article [nineteen-f]
THIRTY-FIVE of the executive law, attesting to his OR  HER  satisfactory
completion  of an approved course in police supervision as prescribed by
the municipal  police  training  council.  Any  police  officer  who  is
promoted  on any basis to a first-line supervisory position [on or after
July first, nineteen hundred sixty-seven] shall forfeit  such  promotion
unless  he OR SHE previously has satisfactorily completed, or within the
time prescribed by regulations promulgated by the governor  pursuant  to
section [four hundred eighty-four] EIGHT HUNDRED FORTY-TWO of the execu-
tive  law  satisfactorily  completes,  the  prescribed  course in police
supervision and is awarded a certificate  by  such  [director]  CHAIRMAN
attesting thereto.
  S  9. Subdivision 3 of section 168-n of the correction law, as amended
by chapter 684 of the laws of 2005, is amended to read as follows:
  3. No later than thirty days prior to the board's recommendation,  the
sex  offender shall be notified that his or her case is under review and
that he or she is permitted to submit to the board any information rele-
vant to the review. Upon receipt  of  the  board's  recommendation,  the
sentencing court shall determine whether the sex offender was previously
found  to be eligible for assigned counsel in the underlying case. Where
such a finding was previously made, the court shall  assign  counsel  to
represent  the  offender,  pursuant  to article eighteen-B of the county
law. At least twenty days prior to  the  determination  proceeding,  the
sentencing  court  shall  notify the district attorney, the sex offender
and the sex offender's counsel, in writing, of the date of the  determi-
nation  proceeding and shall also provide the district attorney, the sex
offender and the sex offender's counsel with a copy of  the  recommenda-
tion  received  from  the board and any statement of the reasons for the
recommendation received from the board. This notice  shall  include  the
following  statement  or  a  substantially  similar  statement:    "This
proceeding is being held to determine whether you will be classified  as
a  level 3 offender (risk of repeat offense is high), a level 2 offender
(risk of repeat offense is moderate), or a level  1  offender  (risk  of
repeat  offense  is  low), or whether you will be designated as a sexual
predator, a sexually violent offender or a predicate sex offender, which
will determine how long you must register as a sex offender and how much
information can be provided to the public concerning your  registration.
If  you fail to appear at this proceeding, without sufficient excuse, it
shall be held in your absence. Failure to appear may result in a  longer
period  of  registration  or  a  higher  level of community notification
because you are not  present  to  offer  evidence  or  contest  evidence
offered  by the district attorney." The written notice to the sex offen-
der shall also advise the offender that he or she has a right to a hear-
ing prior to the court's determination, and that he or she has the right
to be represented by  counsel  at  the  hearing.  If  counsel  has  been
assigned  to represent the offender at the determination proceeding, the
notice shall also provide the name, address and telephone number of  the
assigned  counsel. Where counsel has not been assigned, the notice shall
advise the sex offender that counsel will be appointed if he or  she  is

S. 5758--A                         79

financially  unable  to  retain  counsel, and a returnable form shall be
enclosed in the court's notice to the sex  offender  on  which  the  sex
offender  may  apply  for  assignment  of counsel.   If the sex offender
applies  for assignment of counsel and the court finds that the offender
is financially unable to retain counsel, the court shall assign  counsel
to  represent  the  sex  offender  pursuant to article eighteen-B of the
county law. If the district attorney seeks a determination that  differs
from  the recommendation submitted by the board, at least ten days prior
to the determination proceeding the district attorney shall  provide  to
the  court  and  the sex offender a statement setting forth the determi-
nations sought by the district attorney together with  the  reasons  for
seeking  such  determinations. The court shall allow the sex offender to
appear and be heard.  THE COURT, IN ITS DISCRETION,  MAY  DISPENSE  WITH
THE  PERSONAL  APPEARANCE  OF THE SEX OFFENDER AND CONDUCT AN ELECTRONIC
APPEARANCE IN ACCORDANCE WITH THE RULES ISSUED BY THE CHIEF  ADMINISTRA-
TOR  OF  THE COURTS PURSUANT TO SECTION 182.20 OF THE CRIMINAL PROCEDURE
LAW. The state shall appear by the district  attorney,  or  his  or  her
designee,  who shall bear the burden of proving the facts supporting the
determinations sought by clear and convincing evidence. Where there is a
dispute between the parties concerning  the  determinations,  the  court
shall adjourn the hearing as necessary to permit the sex offender or the
district  attorney  to  obtain  materials relevant to the determinations
from the state board of examiners of sex offenders or any state or local
facility, hospital, institution, office, agency, department or division.
Such materials may be obtained by subpoena if not  voluntarily  provided
to  the  requesting  party. In making the determinations the court shall
review any victim's statement and any relevant  materials  and  evidence
submitted  by  the sex offender and the district attorney and the recom-
mendation and any materials submitted by the  board,  and  may  consider
reliable hearsay evidence submitted by either party, provided that it is
relevant  to  the  determinations.  Facts  previously proven at trial or
elicited at the time of entry of a plea of guilty shall be deemed estab-
lished by clear and convincing evidence and shall  not  be  relitigated.
The court shall render an order setting forth its determinations and the
findings  of fact and conclusions of law on which the determinations are
based. A copy of the order shall be submitted by the court to the  divi-
sion. Upon application of either party, the court shall seal any portion
of the court file or record which contains material that is confidential
under  any state or federal statute. Either party may appeal as of right
from the order  pursuant  to  the  provisions  of  articles  fifty-five,
fifty-six  and  fifty-seven  of  the civil practice law and rules. Where
counsel has been assigned to represent the sex offender upon the  ground
that  the  sex  offender  is  financially unable to retain counsel, that
assignment shall be continued throughout the pendency of the appeal, and
the person may appeal as a poor person pursuant to article eighteen-B of
the county law.
  S 10. Subdivisions 1 and 2 of section 182.20 of the criminal procedure
law, subdivision 1 as amended by chapter 332 of the  laws  of  2009  and
subdivision  2  as added by chapter 689 of the laws of 1993, are amended
to read as follows:
  1. Notwithstanding any other provision of law and except  as  provided
in  section  182.30  of  this article, the court, in its discretion, may
dispense with the  personal  appearance  of  the  defendant,  except  an
appearance  at  a hearing or trial, and conduct an electronic appearance
in connection with a criminal action [pending in Albany, Bronx,  Broome,
Erie,  Kings,  New  York,  Niagara,  Oneida,  Onondaga, Ontario, Orange,

S. 5758--A                         80

Putnam, Queens, Richmond, St. Lawrence, Tompkins, Chautauqua,  Cattarau-
gus,   Clinton,  Essex,  Montgomery,  Rensselaer,  Warren,  Westchester,
Suffolk, Herkimer or Franklin county, provided that the  chief  adminis-
trator of the courts has authorized the use of electronic appearance and
the  defendant, after consultation with counsel, consents on the record.
Such consent shall be required at the commencement  of  each  electronic
appearance to such electronic appearance].
  2.  If,  for  any reason, the court determines on its own motion or on
the motion of any party that the conduct of an electronic appearance may
impair the legal rights of the defendant, it shall not permit the  elec-
tronic  appearance  to  proceed.  If[, for any other articulated reason,
either party requests at any time during the electronic appearance  that
such  appearance be terminated] THE COURT DOES NOT PERMIT THE ELECTRONIC
APPEARANCE TO PROCEED OR TERMINATES THE ELECTRONIC APPEARANCE, the court
shall [grant such request and] adjourn the proceeding to a date certain.
Upon the adjourned date the proceeding shall  be  recommenced  from  the
point  at  which the [request for termination of the] electronic appear-
ance had been [granted] TERMINATED.
  S 11. Subdivisions 3, 4 and 13 of section 500-b of the correction law,
as added by chapter 907 of the  laws  of  1984  and  subdivision  13  as
amended  by  chapter  574  of  the  laws of 1985, are amended to read as
follows:
  3. No female confined in a county jail shall be assigned to or  housed
in  a  facility  housing  unit with a male EXCEPT WHEN NECESSARY FOR THE
RECEIPT OF CARE OR TREATMENT IN A FACILITY OPERATED INFIRMARY, PROVIDED,
HOWEVER, A FEMALE SHALL NOT BE HOUSED IN THE SAME ROOM AS A MALE; and if
detained on civil process, or for contempt, or as a witness,  she  shall
not  be  put  or kept in the same room with a man, except her husband OR
WHEN NECESSARY FOR THE RECEIPT OF CARE OR TREATMENT IN A FACILITY  OPER-
ATED INFIRMARY.
  4.  (A)  No person under nineteen years of age shall be placed or kept
or allowed to be at any time with any prisoner or  prisoners  [nineteen]
TWENTY-TWO  years  of age or older, in any room, dormitory, cell or tier
of the buildings  of  such  institution  unless  separately  grouped  to
prevent  access  to  persons  under  nineteen  years of age by prisoners
[nineteen] TWENTY-TWO years of age or older.
  (B) PERSONS NINETEEN, TWENTY OR TWENTY-ONE YEARS OF AGE  MAY,  AT  THE
DISCRETION OF THE CHIEF ADMINISTRATIVE OFFICER, BE PLACED OR KEPT EITHER
WITH  PERSONS  UNDER  NINETEEN  YEARS  OF AGE OR WITH PERSONS TWENTY-TWO
YEARS OF AGE OR OLDER, PROVIDED HOWEVER THAT IN MAKING THE  DECISION  ON
WHERE TO HOUSE SUCH NINETEEN, TWENTY OR TWENTY-ONE YEAR OLD PERSONS, THE
CHIEF ADMINISTRATIVE OFFICER SHALL CONSIDER ALL OF THE FACTORS SET FORTH
IN PARAGRAPH (A) OF SUBDIVISION SEVEN OF THIS SECTION.
  13.  Where in the opinion of the chief administrative officer an emer-
gency overcrowding condition exists in  a  local  correctional  facility
caused  in  part  by the [prohibition against the commingling of persons
under nineteen years of age with persons nineteen years of age or  older
or  the  commingling  of  persons  nineteen  years  of age or older with
persons under nineteen years of age] RESTRICTIONS  UPON  COMMINGLING  OF
CATEGORIES OF PERSONS SET FORTH IN SUBDIVISION FOUR OF THIS SECTION, the
chief  administrative officer may apply to the commission for permission
to commingle the aforementioned categories of inmates for a  period  not
to  exceed thirty days as provided herein. The commission shall acknowl-
edge to the chief administrative officer the receipt of such application
upon its receipt.  The chief administrative officer shall  be  permitted
to commingle such inmates upon acknowledgment of receipt of the applica-

S. 5758--A                         81

tion  by  the  commission.  The  commission shall assess the application
within seven days of receipt. The commission shall deny any such  appli-
cation  and  shall  prohibit  the  continued commingling of such inmates
where  it  has  found that the local correctional facility does not meet
the criteria set forth in this subdivision and further is in substantial
noncompliance with minimum staffing requirements as provided in  commis-
sion  rules and regulations. In addition, the commission shall determine
whether the commingling of such inmates presents a danger to the health,
safety or welfare of any such inmate. If no such danger exists the chief
administrative officer may continue the commingling until the expiration
of the aforementioned thirty day period or until such time as he  deter-
mines that the overcrowding which necessitated the commingling no longer
exists,  whichever  occurs first. In the event the commission determines
that such danger exists, it shall immediately notify the chief  adminis-
trative  officer,  and the commingling of such inmates shall cease. Such
notification shall include specific measures which should be  undertaken
by  the chief administrative officer, to correct such dangers. The chief
administrative officer may correct  such  dangers  and  reapply  to  the
commission for permission to commingle; however, no commingling may take
place  until  such time as the commission certifies that the facility is
now in compliance with the measures set forth in the notification  under
this subdivision. When such certification has been received by the chief
administrative  officer,  the  commingling may continue for thirty days,
less any time during which the chief administrative  officer  commingled
such  inmates following his application to the commission, or until such
time as he determines  that  the  overcrowding  which  necessitated  the
commingling no longer exists, whichever occurs first. The chief adminis-
trative  officer  may apply for permission to commingle such inmates for
up to  two  additional  thirty  day  periods,  in  conformity  with  the
provisions and the requirements of this subdivision, in a given calendar
year.  For the period ending December thirtieth, nineteen hundred eight-
y-four, a locality may not apply for more than one  thirty  day  commin-
gling period.
  S  12.  Subparagraph  4  of  paragraph (c) of subdivision 8 of section
500-b of the correction law, as added by chapter  907  of  the  laws  of
1984, is amended to read as follows:
  (4)  a woman detained in any county jail or penitentiary upon a crimi-
nal charge or as a convict under sentence with a man EXCEPT WHEN  NECES-
SARY  FOR THE RECEIPT OF CARE OR TREATMENT IN A FACILITY OPERATED INFIR-
MARY, PROVIDED, HOWEVER, A FEMALE SHALL NOT BE HOUSED IN THE  SAME  ROOM
AS  A  MALE;  and if detained on civil process, or for contempt, or as a
witness in a room in which there are no  other  prisoners  with  a  man,
except  with  her  husband  OR WHEN NECESSARY FOR THE RECEIPT OF CARE OR
TREATMENT IN A FACILITY OPERATED INFIRMARY.
  S 13. Section 72-c of the general municipal law, as amended by chapter
229 of the laws of 1992, is amended to read as follows:
  S 72-c. Expenses of members of the police department and  other  peace
officers  in  attending  police training schools. The board or body of a
county, city, town or village authorized to  appropriate  and  to  raise
money  by taxation and to make payments therefrom, is hereby authorized,
in its discretion, to appropriate and to raise money by taxation and  to
make  payments  from such moneys, for the annual expenses of the members
of the police department of such municipal corporation  in  attending  a
police  training  school,  as provided by the regulations of the depart-
ment, either within such municipal corporation or elsewhere  within  the
state;  and  for  the payment of reasonable expenses of such members and

S. 5758--A                         82

other police officers or peace officers of the municipality while  going
to,  attending,  and  returning from any training school conducted by or
under the auspices of the federal bureau of investigation, whether with-
in  or  without the state. Notwithstanding any inconsistent provision of
any general, special or local law to the contrary, whenever a member  of
the  police  department of a municipal corporation[, having a population
of ten thousand or less,] has attended a  police  training  school,  the
expense  of  which  was  borne by such municipal corporation, terminates
employment with such municipal corporation and commences employment with
any other municipal corporation or employer county sheriff, such employ-
er municipal corporation or employer county sheriff shall reimburse  the
prior  employer municipal corporation[, having a population of ten thou-
sand or less,] for such expenses, including, salary, tuition, enrollment
fees, books, and the cost of transportation to and from training school,
as follows: on a pro rata basis, to be calculated  by  subtracting  from
the number of days in the three years following the date of the member's
graduation  from  police training school, the number of days between the
date of the member's graduation from training school and the date of the
termination of employment with the municipal corporation which paid  for
such  training,  and  multiplying the difference by the per diem cost of
such expenses, to be calculated by  dividing  the  total  cost  of  such
expenses  by the number of days in the three years following the date of
the member's graduation, if such  change  in  employment  occurs  within
three  years  of  such  member's graduation from police training school.
Provided, however, the employer municipal corporation or employer county
sheriff shall not be required to reimburse the prior employer  municipal
corporation  for  that portion of such expenses which is reimbursable by
the member to the prior employer municipal corporation under  the  terms
of  an  employment  or  labor agreement. Provided, further, however, the
employer municipal corporation or employer county sheriff shall  not  be
required  to reimburse the prior employer municipal corporation for such
basic training if such change in employment occurs after the  expiration
of  the  validity of the member's certificate attesting to the satisfac-
tory completion of an approved municipal police basic training program.
  S 14. Section 207-m of the general municipal law is REPEALED.
  S 15. Intentionally omitted.
  S 16. Subdivision 6 of section 702 of the county law is REPEALED and a
new subdivision 6 is added to read as follows:
  6. NOTWITHSTANDING ANY OTHER PROVISION OF LAW WITH RESPECT TO REQUIRE-
MENT OF RESIDENCE, A DISTRICT ATTORNEY MAY  APPOINT  ASSISTANT  DISTRICT
ATTORNEYS WHO DO NOT RESIDE WITHIN THE BORDERS OF SAID COUNTY.
  S  17.  The  opening  paragraph  and paragraph (l) of subdivision 4 of
section 20.40 of the criminal procedure law, paragraph (l) as amended by
chapter 346 of the laws of 2007, are amended to read as follows:
  A person may be convicted  in  an  appropriate  criminal  court  of  a
particular  county,  of  an offense of which the criminal courts of this
state have jurisdiction pursuant to section 20.20, committed  either  by
his  OR HER own conduct or by the conduct of another for which he OR SHE
is legally accountable pursuant to section 20.00 of the penal law, when:
  (l) An offense of identity theft or unlawful  possession  of  personal
[identification] IDENTIFYING information AND ALL CRIMINAL ACTS COMMITTED
AS  PART  OF THE SAME CRIMINAL TRANSACTION AS DEFINED IN SUBDIVISION TWO
OF SECTION 40.10 OF THIS  CHAPTER  OR  COMMITTED  THROUGH  THE  CRIMINAL
MISUSE  OF PERSONAL IDENTIFYING INFORMATION may be prosecuted (i) in any
county in which part of the offense took place regardless of whether the
defendant was actually present in such county, or (ii) in the county  in

S. 5758--A                         83

which  the  person who suffers financial loss resided at the time of the
commission of the offense, or (iii) in the county where the person whose
personal  [identification]  IDENTIFYING  information  was  used  in  the
commission  of  the offense resided at the time of the commission of the
offense. The law enforcement agency of any  such  county  shall  take  a
police  report  of the matter and provide the complainant with a copy of
such report at no charge.
  S 18. Section 176 of the family  court  act  is  amended  to  read  as
follows:
  S  176. Inter-county probation. [If a person placed under probation by
the family court resides in or moves to a county other than  the  county
in  which  he was placed on probation, the family court which placed him
on probation may transfer the proceedings to the  county  in  which  the
probationer  resides or to which he has moved or may place him under the
supervision of the probation service attached to  the  family  court  in
which the probationer resides or to which he has moved.]
  1.  WHERE A PERSON PLACED ON PROBATION RESIDES IN ANOTHER JURISDICTION
WITHIN THE STATE AT THE TIME OF THE ORDER  OF  DISPOSITION,  THE  FAMILY
COURT WHICH PLACED HIM OR HER ON PROBATION SHALL TRANSFER SUPERVISION TO
THE  PROBATION  DEPARTMENT  IN  THE  JURISDICTION  IN  WHICH  THE PERSON
RESIDES. WHERE, AFTER A PROBATION DISPOSITION IS  PRONOUNCED,  A  PROBA-
TIONER  REQUESTS TO RESIDE IN ANOTHER JURISDICTION WITHIN THE STATE, THE
FAMILY  COURT  WHICH  PLACED  HIM  OR  HER  ON  PROBATION  MAY,  IN  ITS
DISCRETION,  APPROVE  A  CHANGE  IN  RESIDENCY AND, UPON APPROVAL, SHALL
TRANSFER SUPERVISION TO THE PROBATION DEPARTMENT SERVING THE  COUNTY  OF
THE PROBATIONER'S PROPOSED NEW RESIDENCE. ANY TRANSFER UNDER THIS SUBDI-
VISION  MUST  BE IN ACCORDANCE WITH RULES ADOPTED BY THE COMMISSIONER OF
THE DIVISION OF CRIMINAL JUSTICE SERVICES.
  2. UPON COMPLETION OF A TRANSFER AS AUTHORIZED PURSUANT TO SUBDIVISION
ONE OF THIS SECTION, THE FAMILY COURT WITHIN  THE  JURISDICTION  OF  THE
RECEIVING PROBATION DEPARTMENT SHALL ASSUME ALL POWERS AND DUTIES OF THE
FAMILY  COURT  WHICH  PLACED THE PROBATIONER ON PROBATION AND SHALL HAVE
SOLE JURISDICTION IN THE CASE. THE FAMILY COURT WHICH PLACED THE  PROBA-
TIONER  ON PROBATION SHALL IMMEDIATELY FORWARD ITS ENTIRE CASE RECORD TO
THE RECEIVING COURT.
  3. UPON COMPLETION OF A TRANSFER AS AUTHORIZED PURSUANT TO SUBDIVISION
ONE OF THIS SECTION, THE PROBATION DEPARTMENT IN THE RECEIVING JURISDIC-
TION SHALL ASSUME ALL POWERS AND DUTIES OF THE PROBATION  DEPARTMENT  IN
THE  JURISDICTION  OF  THE  FAMILY COURT WHICH PLACED THE PROBATIONER ON
PROBATION.
  S 19. Section 514 of the general municipal law, as amended by  chapter
492 of the laws of 1963, is amended to read as follows:
  S  514.  Filing of proposed plans.  The municipality or agency, as the
case may be, shall file with the  commissioner  a  copy  of  [each]  ANY
proposed  urban renewal program ASSISTED BY STATE LOANS, PERIODIC SUBSI-
DIES OR CAPITAL GRANTS, embodying the plans, layout, estimated cost  and
proposed [methed] METHOD of financing. Any change made in [the] AN urban
renewal  program  ASSISTED BY STATE LOANS, PERIODIC SUBSIDIES OR CAPITAL
GRANTS shall be filed with the commissioner. From time to time prior  to
completion,  and  with  reasonable  promptness  after  [each]  ANY urban
renewal program ASSISTED BY STATE LOANS, PERIODIC SUBSIDIES  OR  CAPITAL
GRANTS  shall have been completed, upon request of the commissioner, the
municipality or agency shall  file  with  the  commissioner  a  detailed
statement of the cost thereof.
  Upon  receipt  of  a  copy of a proposed urban renewal program, or any
proposed change therein, the commissioner may transmit his criticism and

S. 5758--A                         84

suggestions to the municipality or agency, as the case may be. No change
in an urban renewal program assisted by state loans, periodic  subsidies
or  capital  grants  may be made by a municipality or agency without the
approval of the commissioner.
  S  20.  Subdivision  2 of section 553 of the general municipal law, as
added by chapter 921 of the laws of 1962, is amended to read as follows:
  2. An agency shall be a corporate governmental agency, constituting  a
public  benefit corporation. Except as otherwise provided by special act
of the Legislature, an agency shall consist of not less than  three  nor
more  than five members who shall be appointed by the mayor of a city or
village or the town board of a town and who shall serve at the  pleasure
of  the  appointing  authority.  A  member shall continue to hold office
until his successor is appointed and has qualified. The mayor of a  city
or  village,  or  the  town  board  of a town, shall designate the first
chairman [and file with the commissioner a certificate of appointment or
re-appointment of any member]. Such members  shall  receive  no  compen-
sation  for  their  services  but  shall  be  entitled  to the necessary
expenses, including traveling expenses, incurred  in  the  discharge  of
their duties.
  S  21.  Subdivision  1  of  section  30  of the public housing law, as
amended by chapter 620 of the laws  of  1942,  is  amended  to  read  as
follows:
  1.  In the case of an authority hereafter established by a special act
of the legislature, the mayor of a city or village, or the town board of
a town, shall file in [the office of the commissioner, and  a  duplicate
in] the office of the secretary of state, a certificate signed by him or
it  and  setting  forth:  (a) the date of the passage of the special act
establishing the authority; (b) the name of the authority; and  (c)  the
names  of the members and their terms, specifying which member is chair-
man.
  S 22. Subdivision 2 of section  30  of  the  public  housing  law,  as
amended  by  chapter  482  of  the  laws  of 1974, is amended to read as
follows:
  2. Except as otherwise provided by special act of the legislature,  an
authority  shall  consist  of  not  less  than three nor more than seven
members. The members of an authority who are first  appointed  shall  be
not  more than five in number and shall be designated to serve for terms
of one, two, three, four and five years respectively from  the  date  of
their appointment, depending upon the number of members constituting the
authority.  Thereafter the term of office of appointive members shall be
five years. A member shall continue to hold office until  his  successor
is  appointed  or  elected  and  has  qualified.  The mayor of a city or
village, or the town board of  a  town,  shall  appoint  the  appointive
members[,]  AND  designate the first chairman [and file with the commis-
sioner a certificate of appointment or the reappointment of any member].
  S 23. Section 38 of the public housing law, as amended by chapter  260
of the laws of 1945, is amended to read as follows:
  S  38.  STATE PROJECT FILING. An authority shall file with the commis-
sioner a copy of  each  proposed  STATE  project  embodying  the  plans,
layout,  estimated  costs  and proposed method of financing.  Any change
made in [the] A STATE project shall be filed with  the  commissioner  by
the authority. With reasonable promptness after each STATE project shall
have  been  completed,  and  from  time to time prior to completion upon
request of the commissioner, an authority shall file  with  the  commis-
sioner a detailed statement of the cost thereof.

S. 5758--A                         85

  Upon receipt of a copy of a proposed state project, or of any proposed
change  therein,  the  commissioner  may  transmit  his  criticisms  and
suggestions with reasonable promptness to the authority or  the  munici-
pality.  No  change  in a state project may be made by an authority or a
municipality without the approval of the commissioner.
  S  24.  Subdivision  1  of  section  54  of the public housing law, as
amended by chapter 542 of the laws  of  1971,  is  amended  to  read  as
follows:
  1. [An] ANY authority WHICH SUPERVISES, MANAGES, OPERATES OR HOLDS ANY
INTEREST  IN AT LEAST ONE STATE PROJECT shall file with the commissioner
a copy of any by-laws, rules  and  regulations  and  amendments  thereto
adopted  by  it  from  time  to  time, which shall become effective upon
approval by the commissioner; provided, however, that if the commission-
er shall fail to approve or disapprove such proposed by-laws, rules  and
regulations  and  amendments within three months after such filing, such
by-laws, rules and regulations and  amendments  shall  become  effective
upon the expiration of such three-month period.
  S  25.  Paragraphs  (c)  and (d) of subdivision 1 of section 23 of the
social services law, paragraph (c) as added by chapter 818 of  the  laws
of 1990 and paragraph (d) as amended by chapter 304 of the laws of 1990,
are amended and a new paragraph (e) is added to read as follows:
  [(c)]  (C-1)  to the federal parent locator service, maintained by the
federal department of health and human services, as required by  section
one  hundred  twenty-four  of the federal family support act of nineteen
hundred eighty-eight, for the purpose  of  enabling  the  department  to
fulfill  obligations  and  responsibilities otherwise incumbent upon the
state department of labor[.], AND
  (d) to the federal social security administration or public agency  of
another state with which the department has an agreement with respect to
wage  information  pursuant  to  paragraph  (i)  of subdivision three of
section twenty of this article, AND
  (E) TO SOCIAL SERVICES DISTRICTS AND THE OFFICE OF CHILDREN AND FAMILY
SERVICES FOR THE PURPOSE OF ENABLING THE SOCIAL  SERVICES  DISTRICT,  OR
THE  OFFICE  OF  CHILDREN  AND  FAMILY SERVICES ON BEHALF OF SUCH SOCIAL
SERVICES DISTRICT, TO FULFILL ITS OBLIGATION TO DETERMINE AND VERIFY THE
ELIGIBILITY OF A FAMILY FOR CHILD  CARE  ASSISTANCE  PURSUANT  TO  TITLE
FIVE-C OF ARTICLE SIX OF THIS CHAPTER.
  S  26.  Subdivision  3  of  section  23 of the social services law, as
amended by section 2 of part V of chapter 57 of the  laws  of  2009,  is
amended to read as follows:
  3.  Information  obtained  by  the  office of temporary and disability
assistance from the wage reporting system operated by the state  depart-
ment  of taxation and finance shall be considered confidential and shall
not be disclosed to persons or  agencies  other  than  those  considered
entitled  to  such information when such disclosure is necessary for the
proper administration of programs of public assistance and care  or  for
the proper administration of the child support program pursuant to title
six-A of article three of this chapter, or of eligibility assessments of
children  for  federal  payments for foster care and adoption assistance
pursuant to the provisions of title IV-E of the federal social  security
act  OR OF FAMILIES FOR CHILD CARE ASSISTANCE PURSUANT TO THE PROVISIONS
OF TITLE FIVE-C OF ARTICLE SIX OF THIS CHAPTER. For the purpose of  this
subdivision,  any  disclosure  made  pursuant to subdivision one of this
section shall be considered necessary for the proper  administration  of
programs of public assistance and care, or of eligibility assessments of
children  for  federal  payments for foster care and adoption assistance

S. 5758--A                         86

pursuant to the provisions of title IV-E of the federal social  security
act  OR  OF FAMILIES OF CHILD CARE ASSISTANCE PURSUANT TO THE PROVISIONS
OF TITLE FIVE-C OF ARTICLE SIX OF THIS CHAPTER; and the  federal  parent
locator  service shall be considered an agency entitled to such informa-
tion as is necessary for the proper administration of the child  support
program pursuant to title six-A of article three of this chapter.
  S  27. Section 410-x of the social services law is amended by adding a
new subdivision 8 to read as follows:
  8. NOTWITHSTANDING ANY PROVISION OF LAW TO THE  CONTRARY,  CHILD  CARE
ASSISTANCE  PAYMENTS MADE PURSUANT TO THIS SECTION MAY BE MADE BY DIRECT
DEPOSIT OR DEBIT CARD, AS ELECTED BY  THE  RECIPIENT,  AND  ADMINISTERED
ELECTRONICALLY,  AND  IN  ACCORDANCE WITH SUCH GUIDELINES, AS MAY BE SET
FORTH BY REGULATION OF THE OFFICE OF CHILDREN AND FAMILY  SERVICES.  THE
OFFICE  OF  CHILDREN  AND  FAMILY  SERVICES  MAY ENTER INTO CONTRACTS ON
BEHALF OF LOCAL SOCIAL SERVICES DISTRICTS FOR  SUCH  DIRECT  DEPOSIT  OR
DEBIT  CARD  SERVICES  IN  ACCORDANCE  WITH SECTION TWENTY-ONE-A OF THIS
CHAPTER.
  S 28. Title 5-C of article 6 of the social services law is amended  by
adding a new section 410-aa to read as follows:
  S  410-AA. DETERMINING ELIGIBILITY FOR CHILD CARE ASSISTANCE. A SOCIAL
SERVICES OFFICIAL OR THE OFFICE  OF  CHILDREN  AND  FAMILY  SERVICES  ON
BEHALF  OF THE SOCIAL SERVICES DISTRICT SHALL HAVE THE AUTHORITY TO MAKE
REQUESTS AND RECEIVE INFORMATION IN ORDER TO FULFILL THE SOCIAL SERVICES
DISTRICT'S OBLIGATION TO DETERMINE THE ELIGIBILITY OF A FAMILY FOR CHILD
CARE ASSISTANCE PURSUANT TO THIS TITLE.  SUCH REQUESTS MAY  INCLUDE  BUT
ARE NOT LIMITED TO ACCESS TO INFORMATION IN THE WAGE REPORTING SYSTEM IN
ACCORDANCE  WITH  SECTION  TWENTY-THREE OF THIS CHAPTER AND SECTIONS ONE
HUNDRED SEVENTY-ONE-A AND SIX HUNDRED NINETY-SEVEN OF THE TAX LAW.
  S 29. Subdivision 3 of section 97-www of the  state  finance  law,  as
amended  by  section  9  of part D of chapter 58 of the laws of 2006, is
amended to read as follows:
  3. Moneys of the quality child care  and  protection  fund,  following
appropriation  by  the legislature and allocation by the director of the
budget, shall be made available to the commissioner  of  the  office  of
children  and  family  services  FOR  ACTIVITIES  BY THE STATE AND LOCAL
SOCIAL SERVICES DISTRICTS TO IMPROVE THE INTEGRITY  OF  THE  CHILD  CARE
ASSISTANCE  PROGRAM  INCLUDING  PREVENTING  FRAUD,  to provide grants to
child day care providers for health and safety purposes, for training of
child day care provider staff INCLUDING TRAINING ON THE REQUIREMENTS FOR
PROVIDERS CARING FOR CHILDREN RECEIVING CHILD CARE ASSISTANCE, and other
activities to increase the availability and/or  quality  of  child  care
programs.
  S  30.  Subparagraph (ii) of paragraph (a) of subdivision 3 of section
171-a of the tax law, as amended by section 3 of part V of chapter 57 of
the laws of 2009, is amended and a new subparagraph (iii)  is  added  to
read as follows:
  (ii)  for  the  utilization  by the office of temporary and disability
assistance of information obtained pursuant to subdivision one  of  this
section, with respect to the parents, the stepparents, the child and the
siblings  of  the child who were living in the same household as a child
who is in the custody, care and custody or custody and guardianship of a
local social services district or of the office of children  and  family
services  during  the  month  that  the court proceedings leading to the
child's removal from  the  household  were  initiated,  or  the  written
instrument  transferring  care  and custody of the child pursuant to the
provisions of section  three  hundred  fifty-eight-a  or  three  hundred

S. 5758--A                         87

eighty-four-a  of  the social services law was signed, provided however,
that the office of temporary and disability assistance  shall  only  use
the  information  obtained pursuant to this subdivision, for the purpose
of  determining  the  eligibility of such child for federal payments for
foster care and adoption assistance pursuant to the provisions of  title
IV-E  of  the  federal  social  security  act. Notwithstanding any other
provision of law, the office of temporary and disability  assistance  is
authorized  to  share  information obtained pursuant to this subdivision
with any applicable social services district, provided however, that  if
such  information  is  shared,  that such social services district shall
only use the information obtained for the  purpose  of  determining  the
eligibility  of  such  child  for  federal  payments for foster care and
adoption assistance pursuant to the provisions  of  title  IV-E  of  the
federal social security act; AND
  (III)  FOR  THE  UTILIZATION BY THE DEPARTMENT OF FAMILY ASSISTANCE OF
INFORMATION OBTAINED PURSUANT TO SUBDIVISION ONE  OF  THIS  SECTION,  TO
DETERMINE  ELIGIBILITY OF A FAMILY FOR CHILD CARE ASSISTANCE PURSUANT TO
TITLE FIVE-C OF ARTICLE SIX OF THE SOCIAL SERVICES LAW.
  S 31. Paragraph 3 of subsection (e) of section 697 of the tax law,  as
amended  by  chapter  182  of  the  laws  of 2010, is amended to read as
follows:
  (3) Nothing herein shall be construed to prohibit the department,  its
officers  or  employees  from  furnishing  information  to the office of
temporary and disability assistance relating to the payment of the cred-
it for certain household and dependent care services necessary for gain-
ful employment under subsection (c) of section six hundred six  of  this
article and the earned income credit under subsection (d) of section six
hundred  six of this article and the enhanced earned income credit under
subsection (d-1) of section six hundred six of this article, or pursuant
to a local law enacted by a city having a population of one  million  or
more  pursuant to subsection (f) of section thirteen hundred ten of this
chapter, only to the  extent  necessary  to  calculate  qualified  state
expenditures  under  paragraph  seven of subdivision (a) of section four
hundred nine of the federal social security act or to document the prop-
er expenditure of federal temporary assistance for needy families  funds
under  section  four  hundred three of such act. The office of temporary
and disability assistance may redisclose such information to the  United
States department of health and human services only to the extent neces-
sary  to  calculate such qualified state expenditures or to document the
proper expenditure of such federal temporary assistance for needy  fami-
lies  funds.  Nothing herein shall be construed to prohibit the delivery
by the commissioner to a commissioner of jurors, appointed  pursuant  to
section  five  hundred four of the judiciary law, or, in counties within
cities having a population of one million or more, to the  county  clerk
of  such  county,  of  a  mailing list of individuals to whom income tax
forms are mailed by the commissioner for the sole purpose of compiling a
list of prospective jurors as provided in article sixteen of the judici-
ary law. Provided, however, such delivery shall only be made pursuant to
an order of the chief administrator of the courts, appointed pursuant to
section two hundred ten of the judiciary  law.  No  such  order  may  be
issued  unless  such  chief administrator is satisfied that such mailing
list is needed to compile a proper list of prospective  jurors  for  the
county for which such order is sought and that, in view of the responsi-
bilities  imposed by the various laws of the state on the department, it
is reasonable to require the commissioner to  furnish  such  list.  Such
order shall provide that such list shall be used for the sole purpose of

S. 5758--A                         88

compiling  a  list  of  prospective jurors and that such commissioner of
jurors, or such county clerk, shall take all necessary steps  to  insure
that the list is kept confidential and that there is no unauthorized use
or  disclosure  of  such  list.  Furthermore,  nothing  herein  shall be
construed to prohibit the delivery to a taxpayer  or  his  or  her  duly
authorized  representative  of  a certified copy of any return or report
filed in connection with his or her tax or to prohibit  the  publication
of  statistics so classified as to prevent the identification of partic-
ular reports or returns and the items thereof, or the inspection by  the
attorney  general  or  other  legal  representatives of the state of the
report or return of any taxpayer or of any employer filed under  section
one  hundred  seventy-one-h  of  this  chapter,  where  such taxpayer or
employer shall bring action to set aside or review the tax based  there-
on,  or against whom an action or proceeding under this chapter or under
this chapter and article eighteen of the labor law has been  recommended
by the commissioner, the commissioner of labor with respect to unemploy-
ment  insurance matters, or the attorney general or has been instituted,
or the inspection of the reports or returns required under this  article
by  the  comptroller or duly designated officer or employee of the state
department of audit and control, for purposes of the audit of  a  refund
of  any  tax paid by a taxpayer under this article, or the furnishing to
the state department of  labor  of  unemployment  insurance  information
obtained  or derived from quarterly combined withholding, wage reporting
and unemployment insurance returns required to  be  filed  by  employers
pursuant  to  paragraph  four  of  subsection (a) of section six hundred
seventy-four of this article, for purposes  of  administration  of  such
department's   unemployment   insurance   program,  employment  services
program, federal and state employment and training programs,  employment
statistics  and  labor  market  information  programs, worker protection
programs, federal programs for which the department  has  administrative
responsibility  or  for other purposes deemed appropriate by the commis-
sioner of labor consistent with the provisions of  the  labor  law,  and
redisclosure  of  such  information in accordance with the provisions of
sections five hundred thirty-six and five hundred  thirty-seven  of  the
labor  law  or  any other applicable law, or the furnishing to the state
office of temporary and disability assistance of information obtained or
derived from New York state personal income tax returns as described  in
paragraph (b) of subdivision two of section one hundred seventy-one-g of
this chapter for the purpose of reviewing support orders enforced pursu-
ant to title six-A of article three of the social services law to aid in
the  determination  of  whether  such  orders should be adjusted, or the
furnishing of information obtained  from  the  reports  required  to  be
submitted  by  employers  regarding  newly  hired  or re-hired employees
pursuant to section one hundred seventy-one-h of  this  chapter  to  the
state  office  of temporary and disability assistance, the state depart-
ment of health, the state department of labor and the  workers'  compen-
sation  board  for  purposes  of  administration  of  the  child support
enforcement program, verification of individuals' eligibility for one or
more of the programs specified  in  subsection  (b)  of  section  eleven
hundred  thirty-seven  of  the federal social security act and for other
public assistance programs authorized by state law,  and  administration
of  the  state's employment security and workers' compensation programs,
and to the national directory  of  new  hires  established  pursuant  to
section  four  hundred  fifty-three-A of the federal social security act
for the purposes specified in such section, or  the  furnishing  to  the
state  office of temporary and disability assistance of the amount of an

S. 5758--A                         89

overpayment of income tax and interest thereon certified  to  the  comp-
troller  to be credited against past-due support pursuant to section one
hundred seventy-one-c of this chapter and of the name and social securi-
ty  number  of the taxpayer who made such overpayment, or the disclosing
to the commissioner of finance of the city  of  New  York,  pursuant  to
section  one  hundred seventy-one-l of this chapter, of the amount of an
overpayment and interest thereon certified  to  the  comptroller  to  be
credited against a city of New York tax warrant judgment debt and of the
name  and  social security number of the taxpayer who made such overpay-
ment, or the furnishing to the New York state higher education  services
corporation  of  the amount of an overpayment of income tax and interest
thereon certified to the comptroller to be credited against  the  amount
of  a  default  in repayment of any education loan debt, including judg-
ments, owed to the federal or New York state government  that  is  being
collected  by  the New York state higher education services corporation,
and of the name and social security number of the taxpayer who made such
overpayment, or the furnishing to the state department of health of  the
information required by paragraph (f) of subdivision two and subdivision
two-a  of  section two thousand five hundred eleven of the public health
law and by subdivision eight of section three  hundred  sixty-six-a  and
paragraphs  (b)  and  (d)  of  subdivision  two of section three hundred
sixty-nine-ee of the social services law, or the furnishing to the state
university of New York or the city university of New  York  respectively
or  the  attorney general on behalf of such state or city university the
amount of an overpayment of income tax and interest thereon certified to
the comptroller to be credited against the amount of a default in repay-
ment of a state university loan pursuant to section one  hundred  seven-
ty-one-e  of  this chapter and of the name and social security number of
the taxpayer who made such overpayment, or the  disclosing  to  a  state
agency,  pursuant  to section one hundred seventy-one-f of this chapter,
of the amount of an overpayment and interest thereon  certified  to  the
comptroller  to  be credited against a past-due legally enforceable debt
owed to such agency and of the name and social security  number  of  the
taxpayer  who  made  such overpayment, or the furnishing of employee and
employer information obtained through the wage reporting system,  pursu-
ant  to  section  one hundred seventy-one-a of this chapter, as added by
chapter five hundred forty-five of the laws of nineteen  hundred  seven-
ty-eight,  to  the  state office of temporary and disability assistance,
the department of health or to the state office of the medicaid  inspec-
tor general for the purpose of verifying eligibility for and entitlement
to  amounts  of benefits under the social services law or similar law of
another jurisdiction, locating absent parents or other  persons  legally
responsible  for  the  support of applicants for or recipients of public
assistance and care under the social services law  and  persons  legally
responsible for the support of a recipient of services under section one
hundred  eleven-g  of the social services law and, in appropriate cases,
establishing support obligations pursuant to the social services law and
the family court act or similar provision of law of another jurisdiction
for the purpose of evaluating the effect on earnings of participation in
employment, training or other programs designed to promote self-suffici-
ency authorized pursuant to the social services law by  current  recipi-
ents  of public assistance and care and by former applicants and recipi-
ents of public assistance and care, (except that with regard  to  former
recipients,  information  which relates to a particular former recipient
shall be provided with client identifying data deleted),  to  the  state
office  of temporary and disability assistance for the purpose of deter-

S. 5758--A                         90

mining the eligibility of any child in the custody, care and custody  or
custody  and  guardianship of a local social services district or of the
office of children and family services for federal payments  for  foster
care and adoption assistance pursuant to the provisions of title IV-E of
the federal social security act by providing information with respect to
the  parents,  the  stepparents, the child and the siblings of the child
who were living in the same household as such  child  during  the  month
that  the  court  proceedings  leading  to  the child's removal from the
household were initiated, or the written  instrument  transferring  care
and  custody  of  the  child pursuant to the provisions of section three
hundred fifty-eight-a or  three  hundred  eighty-four-a  of  the  social
services  law  was signed, provided however that the office of temporary
and disability assistance shall only use the information obtained pursu-
ant to this subdivision for the purpose of determining  the  eligibility
of  such child for federal payments for foster care and adoption assist-
ance pursuant to the provisions of title  IV-E  of  the  federal  social
security  act,  AND  TO THE DEPARTMENT OF FAMILY ASSISTANCE TO DETERMINE
ELIGIBILITY OF A FAMILY  FOR  CHILD  CARE  ASSISTANCE  PURSUANT  TO  THE
PROVISIONS  OF  TITLE  FIVE-C OF ARTICLE SIX OF THE SOCIAL SERVICES LAW,
and to the state department of labor, or other individuals designated by
the commissioner of labor, for the purpose of the administration of such
department's  unemployment  insurance   program,   employment   services
program,  federal and state employment and training programs, employment
statistics and labor  market  information  programs,  worker  protection
programs,  federal  programs for which the department has administrative
responsibility or for other purposes deemed appropriate by  the  commis-
sioner  of  labor  consistent  with the provisions of the labor law, and
redisclosure of such information in accordance with  the  provisions  of
sections  five  hundred  thirty-six and five hundred thirty-seven of the
labor law, or the furnishing of information, which is obtained from  the
wage  reporting system operated pursuant to section one hundred seventy-
one-a of this chapter, as added by chapter five  hundred  forty-five  of
the  laws  of  nineteen  hundred  seventy-eight,  to the state office of
temporary and disability assistance so that it may furnish such informa-
tion to public agencies of other  jurisdictions  with  which  the  state
office  of temporary and disability assistance has an agreement pursuant
to paragraph (h) or (i) of subdivision three of section  twenty  of  the
social services law, and to the state office of temporary and disability
assistance  for  the  purpose of fulfilling obligations and responsibil-
ities otherwise incumbent upon the  state  department  of  labor,  under
section  one  hundred  twenty-four  of the federal family support act of
nineteen hundred eighty-eight, by  giving  the  federal  parent  locator
service,  maintained  by  the  federal  department  of  health and human
services, prompt access to such information as required by such act,  or
to  the state department of health to verify eligibility under the child
health insurance plan pursuant to subdivisions two and two-a of  section
two  thousand  five  hundred  eleven of the public health law, to verify
eligibility under the medical assistance and family health plus programs
pursuant to subdivision eight of section three hundred  sixty-six-a  and
paragraphs  (b)  and  (d)  of  subdivision  two of section three hundred
sixty-nine-ee of the social services law, and to verify eligibility  for
the  program  for  elderly pharmaceutical insurance coverage under title
three of article two of the elder law, or to the  office  of  vocational
and educational services for individuals with disabilities of the educa-
tion  department,  the commission for the blind and visually handicapped
and any other state vocational rehabilitation agency,  for  purposes  of

S. 5758--A                         91

obtaining  reimbursement from the federal social security administration
for expenditures made by such office, commission or agency on behalf  of
disabled  individuals  who have achieved economic self-sufficiency or to
the  higher  education services corporation for the purpose of assisting
the corporation in default prevention and default collection  of  educa-
tion  loan  debt,  including  judgments, owed to the federal or New York
state government; provided, however,  that  such  information  shall  be
limited  to  the  names,  social  security numbers, home and/or business
addresses, and employer names of defaulted or  delinquent  student  loan
borrowers.
  Provided,  however,  that  with  respect  to  employee information the
office of temporary and disability assistance shall  only  be  furnished
with the names, social security account numbers and gross wages of those
employees who are (A) applicants for or recipients of benefits under the
social services law, or similar provision of law of another jurisdiction
(pursuant  to  an agreement under subdivision three of section twenty of
the social services law) or, (B) absent parents or other persons legally
responsible for the support of applicants for or  recipients  of  public
assistance  and  care under the social services law or similar provision
of law of another jurisdiction (pursuant to an agreement under  subdivi-
sion three of section twenty of the social services law), or (C) persons
legally  responsible  for  the  support of a recipient of services under
section one hundred eleven-g of  the  social  services  law  or  similar
provision of law of another jurisdiction (pursuant to an agreement under
subdivision  three of section twenty of the social services law), or (D)
employees  about  whom  wage  reporting  system  information  is   being
furnished  to  public  agencies  of  other jurisdictions, with which the
state office of temporary and disability  assistance  has  an  agreement
pursuant  to paragraph (h) or (i) of subdivision three of section twenty
of the social services law, or (E) employees about whom  wage  reporting
system  information  is  being  furnished  to the federal parent locator
service, maintained by  the  federal  department  of  health  and  human
services,  for the purpose of enabling the state office of temporary and
disability assistance to fulfill obligations and responsibilities other-
wise incumbent upon the state department of  labor,  under  section  one
hundred  twenty-four  of  the  federal  family  support  act of nineteen
hundred eighty-eight, and, only if, the office of temporary and disabil-
ity assistance certifies to the commissioner that such persons are  such
applicants,  recipients,  absent  parents or persons legally responsible
for support or persons about whom information has been  requested  by  a
public  agency  of another jurisdiction or by the federal parent locator
service and further certifies that in the case of information  requested
under  agreements  with  other  jurisdictions  entered  into pursuant to
subdivision three of section twenty of the  social  services  law,  that
such request is in compliance with any applicable federal law. Provided,
further,  that  where  the office of temporary and disability assistance
requests employee information for the purpose of evaluating the  effects
on  earnings  of participation in employment, training or other programs
designed to promote self-sufficiency authorized pursuant to  the  social
services  law,  the  office of temporary and disability assistance shall
only be furnished with the quarterly gross wages (excluding  any  refer-
ence  to the name, social security number or any other information which
could be used to identify any employee or  the  name  or  identification
number  of any employer) paid to employees who are former applicants for
or recipients of public assistance and care and who are so certified  to
the  commissioner  by  the  commissioner  of the office of temporary and

S. 5758--A                         92

disability assistance. Provided, further, that with respect to  employee
information,  the  department of health shall only be furnished with the
information required pursuant to the  provisions  of  paragraph  (f)  of
subdivision  two  and  subdivision  two-a  of  section two thousand five
hundred eleven of the public health law and subdivision eight of section
three hundred sixty-six-a and paragraphs (b) and (d) of subdivision  two
of  section three hundred sixty-nine-ee of the social services law, with
respect to those individuals whose eligibility under  the  child  health
insurance  plan,  medical  assistance  program,  and  family health plus
program is to be determined pursuant to such provisions and with respect
to those members of any such individual's household whose income affects
such individual's eligibility and who are so certified  to  the  commis-
sioner  or  by  the  department  of health. Provided, further, that wage
reporting information shall be furnished to the office of vocational and
educational services for individuals with disabilities of the  education
department,  the  commission  for the blind and visually handicapped and
any other state vocational rehabilitation agency only  if  such  office,
commission  or agency, as applicable, certifies to the commissioner that
such information is necessary to obtain reimbursement from  the  federal
social  security administration for expenditures made on behalf of disa-
bled individuals who have achieved self-sufficiency. Reports and returns
shall be preserved for three years and thereafter until the commissioner
orders them to be destroyed.
  S 32. The family court act is amended by adding a new section  654  to
read as follows:
  S  654.  COURT  ORDERED  INVESTIGATIONS.  IF  A FAMILY COURT JUDGE HAS
REASONABLE CAUSE TO SUSPECT THAT A CHILD IN A PROCEEDING UNDER THIS PART
MAY BE AN ABUSED OR NEGLECTED CHILD AS DEFINED IN SUBDIVISIONS  (E)  AND
(F)  OF SECTION ONE THOUSAND TWELVE OF THIS CHAPTER, THE COURT MAY ORDER
THE  CHILD  PROTECTIVE  SERVICES  OF  THE  APPROPRIATE  SOCIAL  SERVICES
DISTRICT  TO  CONDUCT A CHILD PROTECTIVE INVESTIGATION ONLY AS DESCRIBED
BY THE SOCIAL SERVICES LAW AND REPORT ITS FINDINGS  TO  THE  COURT.  THE
COURT SHALL SET FORTH IN SUCH ORDER THE REASONABLE CAUSE TO SUSPECT THAT
A  CHILD  MAY  BE  AN  ABUSED  OR  NEGLECTED  CHILD.  THE  TIMEFRAME FOR
COMPLETION OF SUCH INVESTIGATION SHALL NOT BE LESS  THAN  THAT  PROVIDED
UNDER  SECTION  FOUR HUNDRED TWENTY-FOUR OF THE SOCIAL SERVICES LAW. THE
COURT MAY DIRECT THAT THE CHILD PROTECTIVE SERVICES  PROVIDE  THE  COURT
WITH  THE  SEVEN-DAY  PRELIMINARY WRITTEN REPORT OF THE INITIAL INVESTI-
GATION FROM SUBDIVISION THREE OF SECTION FOUR HUNDRED TWENTY-FOUR OF THE
SOCIAL SERVICES LAW.
  S 33. The family court act is amended by adding a new section 662-a to
read as follows:
  S 662-A. COURT ORDERED INVESTIGATIONS. IF A  FAMILY  COURT  JUDGE  HAS
REASONABLE CAUSE TO SUSPECT THAT A CHILD IN A PROCEEDING UNDER THIS PART
MAY  BE  AN ABUSED OR NEGLECTED CHILD AS DEFINED IN SUBDIVISIONS (E) AND
(F) OF SECTION ONE THOUSAND TWELVE OF THIS CHAPTER, THE COURT MAY  ORDER
THE  CHILD  PROTECTIVE  SERVICES  OF  THE  APPROPRIATE  SOCIAL  SERVICES
DISTRICT TO CONDUCT A CHILD PROTECTIVE INVESTIGATION ONLY  AS  DESCRIBED
BY  THE  SOCIAL  SERVICES  LAW AND REPORT ITS FINDINGS TO THE COURT. THE
COURT SHALL SET FORTH IN SUCH ORDER THE REASONABLE CAUSE TO SUSPECT THAT
A CHILD  MAY  BE  AN  ABUSED  OR  NEGLECTED  CHILD.  THE  TIMEFRAME  FOR
COMPLETION  OF  SUCH  INVESTIGATION SHALL NOT BE LESS THAN THAT PROVIDED
UNDER SECTION FOUR HUNDRED TWENTY-FOUR OF THE SOCIAL SERVICES  LAW.  THE
COURT  MAY  DIRECT  THAT THE CHILD PROTECTIVE SERVICES PROVIDE THE COURT
WITH THE SEVEN-DAY PRELIMINARY WRITTEN REPORT OF  THE  INITIAL  INVESTI-

S. 5758--A                         93

GATION FROM SUBDIVISION THREE OF SECTION FOUR HUNDRED TWENTY-FOUR OF THE
SOCIAL SERVICES LAW.
  S  34.  Subdivision  1  of  section  1034  of the family court act, as
amended by chapter 627 of the laws of 1978 and the opening paragraph  as
amended  by  chapter  329  of  the  laws  of 2009, is amended to read as
follows:
  1. [A] (A) IF A family court judge HAS  REASONABLE  CAUSE  TO  SUSPECT
THAT  A CHILD MAY BE AN ABUSED OR NEGLECTED CHILD AS DEFINED IN SUBDIVI-
SIONS (E) AND (F) OF SECTION ONE THOUSAND TWELVE OF  THIS  ARTICLE,  THE
COURT may order the child protective [service] SERVICES of the appropri-
ate social services district to conduct a child protective investigation
ONLY  as described by the social services law and report its findings to
the court:
  [(a)] (I) in any proceedings under this article, or
  [(b)] (II) in ANY PROCEEDING UNDER PART THREE OR FOUR OF  ARTICLE  SIX
OR  UNDER ARTICLE SEVEN OF THIS CHAPTER, IN order to determine whether a
proceeding under this article should be initiated.
  (B) THE COURT SHALL SET FORTH IN SUCH ORDER THE  REASONABLE  CAUSE  TO
SUSPECT THAT A CHILD MAY BE AN ABUSED OR NEGLECTED CHILD.
  (C)  THE  TIMEFRAME  FOR COMPLETION OF SUCH INVESTIGATION SHALL NOT BE
LESS THAN THAT PROVIDED UNDER SECTION FOUR HUNDRED  TWENTY-FOUR  OF  THE
SOCIAL  SERVICES  LAW.  THE  COURT  MAY DIRECT THAT THE CHILD PROTECTIVE
SERVICES PROVIDE THE COURT WITH THE SEVEN-DAY PRELIMINARY WRITTEN REPORT
OF THE INITIAL INVESTIGATION FROM  SUBDIVISION  THREE  OF  SECTION  FOUR
HUNDRED TWENTY-FOUR OF THE SOCIAL SERVICES LAW.
  S  35.  The family court act is amended by adding a new section 159 to
read as follows:
  S 159. TESTIMONY AND ATTENDANCE BY TELEPHONE, AUDIO-VISUAL  MEANS,  OR
OTHER  ELECTRONIC  MEANS. (A) WHERE THE COURT HAS GRANTED AN APPLICATION
TO PERMIT A PARTY OR INTERESTED PERSON TO ATTEND, OR A WITNESS TO TESTI-
FY BY TELEPHONIC, AUDIO-VISUAL, OR OTHER ELECTRONIC MEANS IN  ACCORDANCE
WITH  THE PROVISIONS OF SECTION 302.4, SEVEN HUNDRED NINETEEN, ONE THOU-
SAND NINETEEN OR ONE THOUSAND  EIGHTY-SIX-A  OF  THIS  CHAPTER,  OR  THE
PROVISIONS OF SECTION THREE HUNDRED EIGHTY-FOUR-B OF THE SOCIAL SERVICES
LAW, ANY TESTIMONY TAKEN BY TELEPHONIC, AUDIO-VISUAL, OR OTHER ELECTRON-
IC MEANS SHALL BE RECORDED AND PRESERVED FOR TRANSCRIPTION.
  (B)  WHERE A PARTY, AN INTERESTED PERSON OR WITNESS TESTIFIES BY TELE-
PHONIC, AUDIO-VISUAL, OR OTHER  ELECTRONIC  MEANS  DOCUMENTARY  EVIDENCE
REFERRED TO BY A PARTY, AN INTERESTED PERSON, A WITNESS OR THE COURT MAY
BE  TRANSMITTED  BY FACSIMILE, TELECOPIER, OR OTHER ELECTRONIC MEANS AND
MAY NOT BE EXCLUDED FROM EVIDENCE BY REASON OF AN OBJECTION BASED ON THE
MEANS OF TRANSMISSION OR THE FACT THAT  THE  ORIGINAL  DOCUMENT  IS  NOT
BEFORE THE COURT.
  (C)  THE  CHIEF  ADMINISTRATOR OF THE COURTS SHALL PROMULGATE RULES TO
FACILITATE THE TAKING OF TESTIMONY BY TELEPHONIC, AUDIO-VISUAL OR  OTHER
ELECTRONIC MEANS AND THE TRANSMISSION OF DOCUMENTARY EVIDENCE BY FACSIM-
ILE, TELECOPIER OR OTHER ELECTRONIC MEANS.
  S 36. The family court act is amended by adding a new section 302.4 to
read as follows:
  S  302.4. TESTIMONY AND ATTENDANCE BY TELEPHONE, AUDIO-VISUAL MEANS OR
OTHER ELECTRONIC MEANS. NOTWITHSTANDING ANY LAW  TO  THE  CONTRARY,  THE
COURT MAY PERMIT A PARTY OR AN INTERESTED PERSON TO ATTEND, OR A WITNESS
TO TESTIFY AT A PRELIMINARY COURT PROCEEDING, DISPOSITIONAL OR PERMANEN-
CY  HEARING  BY  TELEPHONIC, AUDIO-VISUAL, OR OTHER ELECTRONIC MEANS, AS
AVAILABLE, AT A DESIGNATED FAMILY COURT  OR  OTHER  ACCEPTABLE  LOCATION
WHERE:

S. 5758--A                         94

  1.  SUCH PARTY, INTERESTED PERSON OR WITNESS RESIDES IN A COUNTY OTHER
THAN THAT OF THE FAMILY COURT WHERE THE CASE IS PENDING;
  2.  SUCH PARTY, INTERESTED PERSON OR WITNESS IS PRESENTLY INCARCERATED
AND WILL BE INCARCERATED ON THE DATE ON WHICH THE MATTER IS SCHEDULED TO
BE HEARD;
  3. THE COURT DETERMINES THAT IT WOULD BE AN UNDUE  HARDSHIP  FOR  SUCH
PARTY,  INTERESTED PERSON, OR WITNESS TO ATTEND OR TESTIFY AT THE FAMILY
COURT WHERE THE CASE IS PENDING;
  4. ALL PARTIES CONCUR; OR
  5. OTHER GOOD CAUSE IS SHOWN.
  S 37. The family court act is amended by adding a new section  719  to
read as follows:
  S  719.  TESTIMONY  AND ATTENDANCE BY TELEPHONE, AUDIO-VISUAL MEANS OR
OTHER ELECTRONIC MEANS. NOTWITHSTANDING ANY LAW  TO  THE  CONTRARY,  THE
COURT MAY PERMIT A PARTY OR AN INTERESTED PERSON TO ATTEND, OR A WITNESS
TO TESTIFY AT A PRELIMINARY COURT PROCEEDING, DISPOSITIONAL OR PERMANEN-
CY  HEARING  BY  TELEPHONIC,  AUDIO-VISUAL OR OTHER ELECTRONIC MEANS, AS
AVAILABLE, AT A DESIGNATED FAMILY COURT  OR  OTHER  ACCEPTABLE  LOCATION
WHERE:
  (A)  SUCH  PARTY,  INTERESTED  PERSON,  OR WITNESS RESIDES IN A COUNTY
OTHER THAN THAT OF THE FAMILY COURT WHERE THE CASE IS PENDING;
  (B) SUCH PARTY, INTERESTED PERSON OR WITNESS IS PRESENTLY INCARCERATED
AND WILL BE INCARCERATED ON THE DATE ON WHICH THE MATTER IS SCHEDULED TO
BE HEARD;
  (C) THE COURT DETERMINES THAT IT WOULD BE AN UNDUE HARDSHIP  FOR  SUCH
PARTY,  INTERESTED PERSON, OR WITNESS TO ATTEND OR TESTIFY AT THE FAMILY
COURT WHERE THE CASE IS PENDING;
  (D) ALL PARTIES CONCUR; OR
  (E) OTHER GOOD CAUSE IS SHOWN.
  S 38. The family court act is amended by adding a new section 1019  to
read as follows:
  S  1019.  TESTIMONY AND ATTENDANCE BY TELEPHONE, AUDIO-VISUAL MEANS OR
OTHER ELECTRONIC MEANS. NOTWITHSTANDING ANY LAW  TO  THE  CONTRARY,  THE
COURT MAY PERMIT A PARTY OR AN INTERESTED PERSON TO ATTEND, OR A WITNESS
TO  TESTIFY,  AT A PRELIMINARY COURT PROCEEDING OR DISPOSITIONAL HEARING
BY TELEPHONIC, AUDIO-VISUAL OR OTHER ELECTRONIC MEANS, AS AVAILABLE,  AT
A DESIGNATED FAMILY COURT OR OTHER ACCEPTABLE LOCATION WHERE:
  (A) SUCH PARTY, INTERESTED PERSON OR WITNESS RESIDES IN A COUNTY OTHER
THAN THAT OF THE FAMILY COURT WHERE THE CASE IS PENDING;
  (B) SUCH PARTY, INTERESTED PERSON OR WITNESS IS PRESENTLY INCARCERATED
AND WILL BE INCARCERATED ON THE DATE ON WHICH THE MATTER IS SCHEDULED TO
BE HEARD;
  (C)  THE  COURT DETERMINES THAT IT WOULD BE AN UNDUE HARDSHIP FOR SUCH
PARTY, INTERESTED PERSON, OR WITNESS TO ATTEND OR TESTIFY AT THE  FAMILY
COURT WHERE THE CASE IS PENDING;
  (D) ALL PARTIES CONCUR; OR
  (E) OTHER GOOD CAUSE IS SHOWN.
  S  39.  The family court act is amended by adding a new section 1086-a
to read as follows:
  S 1086-A. TESTIMONY AND ATTENDANCE BY TELEPHONE, AUDIO-VISUAL MEANS OR
OTHER ELECTRONIC MEANS. NOTWITHSTANDING ANY LAW  TO  THE  CONTRARY,  THE
COURT MAY PERMIT A PARTY OR AN INTERESTED PERSON TO ATTEND, OR A WITNESS
TO  TESTIFY  AT,  SUCH PERMANENCY HEARING BY TELEPHONIC, AUDIO-VISUAL OR
OTHER ELECTRONIC MEANS, AS AVAILABLE, AT A DESIGNATED  FAMILY  COURT  OR
OTHER ACCEPTABLE LOCATION WHERE:

S. 5758--A                         95

  (A) SUCH PARTY, INTERESTED PERSON OR WITNESS RESIDES IN A COUNTY OTHER
THAN THAT OF THE FAMILY COURT WHERE THE CASE IS PENDING;
  (B) SUCH PARTY, INTERESTED PERSON OR WITNESS IS PRESENTLY INCARCERATED
AND WILL BE INCARCERATED ON THE DATE ON WHICH THE MATTER IS SCHEDULED TO
BE HEARD;
  (C)  THE  COURT DETERMINES THAT IT WOULD BE AN UNDUE HARDSHIP FOR SUCH
PARTY, INTERESTED PERSON OR WITNESS TO ATTEND OR TESTIFY AT  THE  FAMILY
COURT WHERE THE CASE IS PENDING;
  (D) THE PARTIES CONCUR; OR
  (E) OTHER GOOD CAUSE IS SHOWN.
  S  40.  Subdivision  3  of section 384-b of the social services law is
amended by adding two new paragraphs (m) and (n) to read as follows:
  (M) NOTWITHSTANDING ANY LAW TO THE CONTRARY, THE COURT MAY  PERMIT  AN
INCARCERATED  PARENT  OR  GUARDIAN  TO  ATTEND OR TESTIFY BY TELEPHONIC,
AUDIO-VISUAL OR OTHER ELECTRONIC MEANS  AT  A  FACT-FINDING  HEARING  IN
ACCORDANCE WITH THIS SECTION WHERE:
  (I) THE COURT RECEIVES PROOF OF: (A) PROPER SERVICE UPON THE PARENT OR
GUARDIAN  OF THE PETITION TO TERMINATE PARENTAL RIGHTS OF SUCH PARENT OR
GUARDIAN; AND (B) THAT REASONABLE AND SUBSTANTIAL EFFORTS TO SECURE  THE
PRESENCE  OF THE INCARCERATED PARENT OR GUARDIAN AT SUCH PROCEEDING WERE
MADE; AND
  (II) THE INCARCERATED PARENT OR GUARDIAN (A) IS REPRESENTED  BY  COUN-
SEL;  (B)  IS AFFORDED THE OPPORTUNITY TO HAVE A PERSONAL REPRESENTATIVE
PRESENT AT SUCH PROCEEDING; AND (C) HAS ELECTED IN  WRITING  OR  ON  THE
RECORD  TO  APPEAR BY SUCH TELEPHONIC, AUDIO-VISUAL, OR OTHER ELECTRONIC
MEANS AS ARE AVAILABLE. NOTHING CONTAINED  HEREIN  SHALL  BE  DEEMED  TO
CREATE  ANY RIGHT BEYOND THAT SET FORTH IN SECTION TWO HUNDRED SIXTY-TWO
OF THE FAMILY COURT ACT TO REPRESENTATION BY COUNSEL IN  TERMINATION  OF
PARENTAL RIGHTS PROCEEDINGS.
  (N)  NOTWITHSTANDING  ANY  LAW TO THE CONTRARY, THE COURT MAY PERMIT A
PARTY OR AN INTERESTED PERSON TO ATTEND, OR A WITNESS TO TESTIFY,  OTHER
THAN  AT  A  FACT-FINDING  HEARING, BY TELEPHONIC, AUDIO-VISUAL OR OTHER
ELECTRONIC MEANS AT  A  DESIGNATED  FAMILY  COURT  OR  OTHER  ACCEPTABLE
LOCATION WHERE:
  (I) SUCH PARTY, INTERESTED PERSON OR WITNESS RESIDES IN A COUNTY OTHER
THAN THAT OF THE FAMILY COURT WHERE THE CASE IS PENDING;
  (II)  SUCH PARTY, INTERESTED PERSON, OR WITNESS IS PRESENTLY INCARCER-
ATED AND WILL BE INCARCERATED ON THE DATE ON WHICH THE MATTER IS  SCHED-
ULED TO BE HEARD;
  (III) THE COURT DETERMINES THAT IT WOULD BE AN UNDUE HARDSHIP FOR SUCH
PARTY,  INTERESTED  PERSON OR WITNESS TO ATTEND OR TESTIFY AT THE FAMILY
COURT WHERE THE CASE IS PENDING;
  (IV) ALL PARTIES CONCUR; OR
  (V) OTHER GOOD CAUSE IS SHOWN.
  S 41. Subdivision 2 of section 378 of  the  social  services  law,  as
amended  by  chapter  555  of  the  laws  of 1978, is amended to read as
follows:
  2. Such certificates and licenses shall be valid  for  not  more  than
[one  year] TWO YEARS after date of issue but may be renewed or extended
subject to regulations established by the [department] OFFICE  OF  CHIL-
DREN AND FAMILY SERVICES.
  S  42.  Paragraph  (c)  of  subdivision 5 of section 421 of the social
services law, as added by chapter 525 of the laws of 2006, is amended to
read as follows:
  (c) require all persons assigned to be a supervisor by a child protec-
tive service on or after April first, nineteen hundred eighty-six, shall

S. 5758--A                         96

have satisfactorily completed, within the first three months of  employ-
ment  as  a  supervisor [or within three months of the effective date of
this paragraph, whichever shall occur first], a course in the  fundamen-
tals  of child protection developed by the office of children and family
services. Such training course shall, among other things, strengthen and
expand current training procedures for child protective service supervi-
sors; provide the skills, knowledge and standards to practice  effective
case  planning  and  case  management;  provide comprehensive assessment
tools needed in critical decision making; require participation  in  the
existing common core training required by child protective service case-
workers IF SUCH PERSON HAS NOT COMPLETED COMMON CORE TRAINING WITHIN THE
LAST  FIVE YEARS; strengthen recognition and response to safety and risk
indicators; improve  skills  to  promote  consistent  implementation  of
training  and  practice;  provide  the necessary tools and assistance to
build the ability to coach and monitor child  protective  service  case-
workers  and  model  effective investigation practice; increase cultural
competency and sensitivity; and establish an annual in service  training
program specifically focused on child protective service supervisors.
  S  42-a.  Paragraph (b) of subdivision 1, subdivisions 2, 3, 4, 5, and
paragraph (c) of subdivision 6 of section 34-a of  the  social  services
law,  paragraph  (b)  of  subdivision 1 as amended by chapter 231 of the
laws of 1987, subdivision 2 as amended by chapter 677  of  the  laws  of
1985,  subdivisions 3 and 5 as added by chapter 681 of the laws of 1981,
subdivision 4 as amended by section 18 of part E of chapter  57  of  the
laws of 2005, paragraph (b) of subdivision 4 as amended by section 61 of
part  A of chapter 56 of the laws of 2010, and paragraph (c) of subdivi-
sion 6 as added by chapter 160 of the laws of 2004, are amended to  read
as follows:
  (b) [Commencing with the years following preparation of the multi-year
consolidated  services  plan,  each] EACH local district shall [also] be
required BY  THE  COMMISSIONER  to  prepare  [an  annual  implementation
report]    OTHER  REPORTS  OR UPDATES TO THE MULTI-YEAR SERVICES PLAN TO
DESCRIBE ANY SIGNIFICANT CHANGES TO THE SERVICES PLAN THAT OCCUR  DURING
THE  FIVE-YEAR PLAN CYCLE. AS USED IN THIS SECTION, "SIGNIFICANT CHANGE"
TO THE PLAN SHALL BE DEFINED AS ANY CHANGE TO THE  PLAN  THAT:  MODIFIES
THE  ELIGIBILITY  STANDARDS FOR SERVICES WHERE SUCH STANDARDS ARE AT THE
LOCAL DISTRICT'S OPTION;  OR  DISCONTINUES,  REDUCES  OR  RESTRICTS  THE
AVAILABILITY OF EXISTING SERVICES.
  2.  [(a)]  The  commissioner  shall have authority to promulgate regu-
lations specifying the contents of both the multi-year services plan and
[the annual implementation]  ANY  OTHER  REQUIRED  reports  OR  UPDATES,
provided  however  that  such regulations shall not be inconsistent with
the standards of review by the commissioner of  such  plan  and  reports
specified in subdivision four of this section.
  [(b)  The  regulations  promulgated  pursuant to paragraph (a) of this
subdivision shall require the multi-year services plan and where  appro-
priate  the  annual  implementation reports, to include a summary of the
understanding  between  the  local  social  services  district  and  the
district attorney's office, which outlines the cooperative procedures to
be  followed  by  both parties in investigating incidents of child abuse
and maltreatment, consistent with their respective obligations  for  the
investigation or prosecution of such incidents, as otherwise required by
law.]
  3.  (a) (I) There shall be a public [hearing] PARTICIPATION PROCESS TO
PROVIDE PUBLIC COMMENT on the multi-year services plan [or  each  annual
implementation  report.  Commencing in nineteen hundred eighty-two, such

S. 5758--A                         97

public hearing shall be held only after fifteen days notice is].    THIS
PROCESS  MUST  BE EASILY ACCESSIBLE TO THE PUBLIC AND MAY INCLUDE USE OF
THE INTERNET, A PUBLIC HEARING  PROCESS,  OR  OTHER  APPROPRIATE  MEANS.
NOTICE  OF  THE  PROPOSED  PLAN  SUBMISSION AND THE PUBLIC PARTICIPATION
PROCESS MUST BE provided in a newspaper of  general  circulation  within
the  county,  BY  POSTING ON THE COUNTY AND THE SOCIAL SERVICES DISTRICT
WEBSITE, BY SIGNAGE WITHIN  THE  DISTRICT'S  OFFICES  AND  OTHER  PUBLIC
BUILDINGS,  OR  BY OTHER MEANS OF BROAD DISTRIBUTION.  Such notice shall
specifically identify HOW TO ACCESS THE PROPOSED COUNTY PLAN, THE PUBLIC
PARTICIPATION PROCESS, the times [of the public hearing  in  which]  FOR
RECEIPT OF COMMENTS AND THE MANNER IN WHICH SUCH COMMENTS MAY BE SUBMIT-
TED  ON  the  child protective services and other services components of
the multi-year services plan or [annual implementation]  OTHER  REQUIRED
reports   [are   to   be   considered]   OR   UPDATES  REQUIRING  PUBLIC
PARTICIPATION.
  (II) IF THE LOCAL DISTRICT  CHOOSES  A  PUBLIC  PARTICIPATION  PROCESS
PURSUANT  TO SUBPARAGRAPH (I) OF THIS PARAGRAPH, THAT DOES NOT INVOLVE A
PUBLIC HEARING PROCESS, THE LOCAL DISTRICT SHALL POST ON THE  COUNTY  OR
SOCIAL  SERVICES  DISTRICT  WEBSITE,  PUBLIC COMMENTS RECEIVED WHICH ARE
RELEVANT TO ASPECTS OF POLICIES  PROPOSED  IN  THE  MULTI-YEAR  SERVICES
PLAN.  THE  LOCAL  DISTRICT  SHALL  FURTHER  POST  ON ITS WEBSITE OR THE
WEBSITE FOR THE COUNTY, HOW COMMENTS RECEIVED  AS  PART  OF  THE  PUBLIC
PARTICIPATION   PROCESS  WERE  ADDRESSED,  IN  THE  PROPOSED  MULTI-YEAR
SERVICES PLAN.
  (b) [Commencing in nineteen hundred eighty-two,  after  such  hearing]
FOLLOWING COMPLETION OF THE PUBLIC PARTICIPATION PROCESS, the multi-year
services  plan  or [the annual implementation] OTHER REQUIRED reports OR
UPDATES shall be submitted for approval to the chief  executive  officer
of  the  county  or  to the legislative body in those counties without a
chief executive officer. Full approval of the multi-year  services  plan
or  [of  the  annual  implementation  report]  OTHER REQUIRED REPORTS OR
UPDATES by the chief executive officer  or  legislative  body  shall  be
required before submission of such plan or report to the commissioner.
  (c)  [Commencing  in  nineteen hundred eighty-two, the] THE multi-year
services plan [or the annual implementation reports] OR  OTHER  REQUIRED
REPORTS  OR  UPDATES shall not be forwarded to the commissioner until at
least fifteen days have passed from the [date] END of the public  [hear-
ing thereon] PARTICIPATION PROCESS, IF REQUIRED.
  4.  (a)  Except  as provided in paragraph (b) of this subdivision, the
commissioner shall review both the multi-year  services  plan  and  [the
annual  implementation]  ANY OTHER REQUIRED reports OR UPDATES submitted
by the social services district, using  standards  consistent  with  the
provisions  of  sections [one hundred thirty-one-1,] four hundred nine-d
and four hundred twenty-three of this chapter,  and  shall  notify  such
district,  in  writing, of approval of such plan [or reports], REPORT OR
UPDATE in whole or in part; provided, however, that for any portions not
approved, the commissioner shall in writing to the district specify  the
portions  not  approved, the reasons for such determination, the actions
required for resubmittal of such portions, and the time period of resub-
mittal; and provided further, that disapproval of a portion of such plan
[or], report OR UPDATE shall not render the entire plan [or], report  OR
UPDATE  invalid.  No  portion of the multi-year services plan or [of the
annual implementation reports] OTHER REPORT OR UPDATE shall  be  finally
disapproved  until  the  district  has  had at least one opportunity for
resubmittal. Upon resubmittal, or if no resubmittal is made  within  the
time  specified,  the  commissioner  may grant further extensions to the

S. 5758--A                         98

district to allow it to resubmit any unapproved portions, or may finally
disapprove such portions. Any social services district  aggrieved  by  a
final  disapproval of the commissioner under this section shall have the
right to a fair hearing in accordance with the appropriate provisions of
this  chapter.    An  adverse  fair hearing decision shall be reviewable
pursuant to article seventy-eight of the civil practice law  and  rules.
State  reimbursement  may  be  withheld  for all or a portion of a local
district's activities, if the multi-year services plan,  [annual  imple-
mentation report,] OTHER REQUIRED REPORT, UPDATE or portions [of either]
THEREOF are disapproved.
  (b)  The  commissioner  of  the office of children and family services
shall review and approve or disapprove the diversion services portion of
the plan jointly with the  director  of  the  office  of  probation  and
correctional  alternatives  or any other successor agency or entity. The
requirements for the portion  of  the  plan  and  report  regarding  the
provision  of  diversion  services  shall  be jointly established by the
commissioner of the office of  children  and  family  services  and  the
director of the office of probation and correctional alternatives or any
other successor agency or entity. The multi-year services plan and where
appropriate  [the  annual  implementation]  OTHER  REQUIRED  reports  OR
UPDATES shall be based upon a written understanding  between  the  local
social services district and the probation department which outlines the
cooperative  procedures  to be followed by both parties regarding diver-
sion services pursuant to section seven hundred thirty-five of the fami-
ly court act, consistent with their respective obligations as  otherwise
required by law.
  5.  The  commissioner shall promulgate regulations concerning the time
by which:
  (a) each local social services district shall  submit  its  multi-year
services  plan and [annual implementation report] OTHER REQUIRED REPORTS
OR UPDATES;
  (b) the commissioner shall, in writing, notify  a  local  district  of
approval  or  disapproval  of all or parts of such district's multi-year
services plan or  [annual  implementation]  OTHER  REQUIRED  reports  OR
UPDATES; and
  (c) each local social services district shall submit a revised version
of  its multi-year services plan or [annual implementation report] OTHER
REQUIRED REPORTS OR UPDATES, or parts thereof.
  (c) The office of children and family services may waive any regulato-
ry requirements relating to the content and timing of multi-year consol-
idated services plans and [annual implementation] OTHER REQUIRED reports
OR UPDATES that may impede the ability of a county to implement a county
child and family services plan.
  S 42-b. Paragraph (a) of subdivision 2 and subparagraph (ii) of  para-
graph  (e) of subdivision 4 of section 153-k of the social services law,
as added by section 15 of part C of chapter 83 of the laws of 2002,  are
amended to read as follows:
  (a) Notwithstanding the provisions of this chapter or of any other law
to the contrary, eligible expenditures by a social services district for
foster  care services shall be subject to reimbursement with state funds
only to the extent of annual appropriations to  the  state  foster  care
block  grant.  Such  foster care services shall include expenditures for
the provision and administration of: care, maintenance, supervision  and
tuition;  supervision  of foster children placed in federally funded job
corps programs; and care, maintenance, supervision and tuition for adju-
dicated juvenile delinquents and persons in need of  supervision  placed

S. 5758--A                         99

in  residential  programs operated by authorized agencies and in out-of-
state residential programs. Social services districts must  develop  and
implement  children  and  family  services  delivery  systems  that  are
designed to reduce the need for and the length of foster care placements
and  must document their efforts in the multi-year consolidated services
plan and [the annual implementation] OTHER REQUIRED reports  OR  UPDATES
submitted pursuant to section thirty-four-a of this chapter.
  (ii) Such a plan may include requests for a waiver of any statutory or
regulatory  requirements established pursuant to sections thirty-four-a,
four hundred nine-d and four hundred nine-e of  this  chapter  regarding
the  form,  content,  development,  or  amendment  of  the child welfare
services plan component of the multi-year services plan and [the  annual
implementation] OTHER REQUIRED reports OR UPDATES, family services plans
and uniform case records.
  S  42-c. Section 409-d of the social services law, as added by chapter
611 of the laws of 1979, subdivisions 1 and 2 as amended  and  paragraph
(a)  of  subdivision  3  as added by chapter 231 of the laws of 1987, is
amended to read as follows:
  S 409-d. District-wide child welfare services  plan.  1.  Each  social
services district shall prepare and submit to the [department] OFFICE OF
CHILDREN  AND FAMILY SERVICES, in such form and manner and times as [the
department] SUCH OFFICE shall by  regulation  require,  a  district-wide
child welfare services plan which shall be a component of the district's
multi-year  consolidated  services plan setting forth REQUESTED INFORMA-
TION ABOUT:  the child welfare services needs of children  and  families
for whom the social services district is or may be responsible[; histor-
ic program and fiscal trends of the district in the level of care, main-
tenance  and services provided to children and their families, including
but not limited to  expenditure  trends],  THE  CHILD  WELFARE  SERVICES
PROVIDED  AND  THE  children  and families served [and costs of services
provided; an assessment of projected program and fiscal requirements  of
the  district in meeting identified needs in the next state fiscal year;
and a description of the resources known to be available  or  likely  to
become  available  to  meet  those  needs. Commencing the year following
preparation of a multi-year consolidated  services  plan,  each].  WHERE
APPLICABLE, THE social services district shall prepare an [annual imple-
mentation  report]  UPDATE related to its child welfare services plan TO
DESCRIBE ANY SIGNIFICANT CHANGES TO THE PLAN DURING THE  FIVE-YEAR  PLAN
CYCLE.  AS  USED IN THIS SECTION, "SIGNIFICANT CHANGE" TO THE PLAN SHALL
BE DEFINED AS ANY CHANGE TO THE  PLAN  THAT:  MODIFIES  THE  ELIGIBILITY
STANDARDS  FOR SERVICES WHERE SUCH STANDARDS ARE AT THE LOCAL DISTRICT'S
OPTION; OR DISCONTINUES,  REDUCES,  OR  RESTRICTS  THE  AVAILABILITY  OF
EXISTING  SERVICES.  As  used  in this section "services" shall mean and
include preventive services, foster care maintenance and  services,  and
adoption  services.    Such  regulations  shall [include but need not be
limited to  criteria  and  methodology  for  determining  child  welfare
services  needs  and the adequacy of the resources known to be available
or likely to become available to meet those needs], TO THE EXTENT  PRAC-
TICABLE, BE LIMITED TO REQUIRING THE INFORMATION NECESSARY FOR THE STATE
TO MEET FEDERAL REPORTING REQUIREMENTS AND STATE STATUTORY REQUIREMENTS,
AND,  TO  THE  EXTENT PRACTICABLE, PROVIDE A MECHANISM FOR LOCALITIES TO
AVOID HAVING TO REPORT DUPLICATE INFORMATION TO MULTIPLE STATE AGENCIES.
  2. The child welfare services plan  and  [annual  implementation]  ANY
OTHER  REQUIRED reports OR UPDATES shall be developed by the district in
consultation with other government agencies concerned with  the  welfare
of  children  residing  in  the district, authorized agencies, and other

S. 5758--A                         100

concerned individuals and organizations. The  plan  AND  OTHER  REQUIRED
REPORTS  AND UPDATES as submitted to the [department] OFFICE OF CHILDREN
AND FAMILY SERVICES for approval and as  approved  by  [the  department]
SUCH  OFFICE  shall  be made available to such agencies, individuals and
organizations upon request.
  3. (a) Each social services district shall submit  its  child  welfare
services  plan  and  [annual  implementation]  OTHER REQUIRED reports OR
UPDATES pertaining to this plan to the [department] OFFICE  OF  CHILDREN
AND  FAMILY  SERVICES  as  a  component  of  the multi-year consolidated
services plan and [subsequent  annual  implementation  reports  and  the
department]  SUCH  OFFICE  shall  review  and  approve or disapprove the
proposed plan OR OTHER REQUIRED REPORTS OR UPDATES  in  accordance  with
the procedures set forth in section thirty-four-a of this chapter.
  (b)  Such  plan  OR  OTHER  REQUIRED  REPORTS  OR UPDATES shall not be
approved unless:
  (i) it complies with the provisions of this section;
  (ii) it demonstrates that child welfare services included in the  plan
are  appropriate to meet the assessed needs of the children and families
for whom the social services district is or may be responsible;
  (iii) it is consistent with applicable provisions of this chapter  and
regulations of [the department] SUCH OFFICE promulgated thereunder; and
  (iv)  it  is  in the format and includes such standardized information
[and data] as may be required by [the department] SUCH OFFICE to  effec-
tively evaluate such [plans] PLAN, REPORT OR UPDATE.
  S  42-d.  Paragraph  (a) of subdivision 3 of section 423 of the social
services law, as amended by chapter 231 of the laws  of  1987  and  such
paragraph  as  designated by chapter 707 of the laws of 1988, is amended
to read as follows:
  (a) Each social services district shall  prepare  and  submit  to  the
commissioner,  after  consultation  with local law enforcement agencies,
the family court and appropriate public or voluntary agencies [including
societies for the prevention of cruelty to children] and  after  [a]  AN
OPPORTUNITY FOR public [hearing] PARTICIPATION, a district-wide plan, as
prescribed  by  the  commissioner, for the provision of child protective
services which shall be a component of the district's multi-year consol-
idated services plan. [This]
  (B) THE PARTICIPATION PROCESS TO PROVIDE PUBLIC COMMENT MUST BE EASILY
ACCESSIBLE TO THE PUBLIC AND MAY INCLUDE USE OF THE INTERNET,  A  PUBLIC
HEARING  PROCESS,  OR  OTHER  APPROPRIATE  MEANS. NOTICE OF THE PROPOSED
DISTRICT WIDE PLAN SUBMISSION AND THE PUBLIC PARTICIPATION PROCESS  MUST
BE  POSTED  ON THE COUNTY AND THE SOCIAL SERVICES DISTRICT WEBSITE. SUCH
NOTICE SHALL SPECIFICALLY IDENTIFY HOW TO  ACCESS  THE  PROPOSED  COUNTY
PLAN,  THE  PUBLIC  PARTICIPATION  PROCESS,  THE  TIMES  FOR  RECEIPT OF
COMMENTS AND THE MANNER IN WHICH SUCH COMMENTS MAY BE SUBMITTED.
  (C) THE plan REQUIRED PURSUANT TO PARAGRAPH (A)  OF  THIS  SUBDIVISION
shall  describe  the  district's implementation of this title [including
the organization, staffing, mode of  operations  and  financing  of  the
child  protective service as well as the provisions made for purchase of
service and inter-agency relations. Commencing the year following prepa-
ration of a multi-year consolidated services plan, each]. WHERE APPLICA-
BLE, THE local district shall  prepare  [annual  implementation  reports
including  information]  AN  UPDATE  related  to  its  child  protective
services plan TO DESCRIBE ANY SIGNIFICANT CHANGES TO THE PLAN DURING THE
FIVE-YEAR PLAN CYCLE. AS USED IN THIS SECTION, "SIGNIFICANT  CHANGE"  TO
THE  PLAN  SHALL BE DEFINED AS ANY CHANGE TO THE PLAN THAT: MODIFIES THE
ELIGIBILITY STANDARDS FOR SERVICES WHERE SUCH STANDARDS ARE AT THE LOCAL

S. 5758--A                         101

DISTRICT'S OPTION; OR DISCONTINUES, REDUCES, OR RESTRICTS THE AVAILABIL-
ITY OF EXISTING SERVICES. The social services district shall submit  the
child  protective  services  plan to the [department] OFFICE OF CHILDREN
AND  FAMILY  SERVICES  as  a  component  of  its multi-year consolidated
services plan [and subsequent thereto  as  a  component  of  its  annual
implementation  reports]  and  [the department] SUCH OFFICE shall review
and approve or disapprove the proposed  plan  and  [reports]  ANY  OTHER
REQUIRED  REPORTS OR UPDATES in accordance with the procedures set forth
in section thirty-four-a of this chapter.
  S 42-e. Subdivision 5 of section 423 of the  social  services  law  is
REPEALED.
  S  43.  Subdivision  2 of section 459-c of the social services law, as
added by chapter 169 of the laws of 1994, is amended to read as follows:
  2. To the extent that funds  are  appropriated  expressly  [therefore]
THEREFOR  and  a  social  services district has exhausted its allocation
under title XX of the federal social security act,  state  reimbursement
shall  be  available  for  fifty  percent  of the expenditures made by a
social services district for those non-residential services provided  to
victims  of  domestic violence which are included in the social services
district's multi-year consolidated services plans and [annual  implemen-
tation]  OTHER  REQUIRED reports OR UPDATES approved by the [department]
OFFICE OF CHILDREN AND FAMILY SERVICES pursuant to section thirty-four-a
of this chapter.
  S 43-a. Paragraphs (b) and (c) of subdivision 2 of section 473 of  the
social services law, paragraph (b) as amended and paragraph (c) as added
by chapter 231 of the laws of 1987, are amended to read as follows:
  (b)  Each social services district shall prepare, with the approval of
the chief executive officer, or the legislative body in  those  counties
without  a  chief executive officer, after consultation with appropriate
public, private and voluntary agencies, a  district-wide  plan  for  the
provision of adult protective services which shall be a component of the
district's  multi-year consolidated services plan as required in section
thirty-four-a of this chapter. This plan shall describe the local imple-
mentation of this section including the organization, staffing, mode  of
operations and financing of the adult protective services as well as the
provisions  made  for purchase of services, AND inter-agency relations[,
inter-agency agreements,  service  referral  mechanisms,  and  locus  of
responsibility  for  cases with multi-agency services needs.  Commencing
the year following preparation of  a  multi-year  consolidated  services
plan,  each]. WHERE APPLICABLE, THE local district shall prepare [annual
implementation reports including information related] AN UPDATE  to  its
adult protective services plan DESCRIBING ANY SIGNIFICANT CHANGES TO THE
PLAN  DURING  THE  FIVE-YEAR  PLAN CYCLE, as required in section thirty-
four-a of [the social services  law]  THIS  CHAPTER.  AS  USED  IN  THIS
SECTION, "SIGNIFICANT CHANGE" TO THE PLAN SHALL BE DEFINED AS ANY CHANGE
TO  THE PLAN THAT: MODIFIES THE ELIGIBILITY STANDARDS FOR SERVICES WHERE
SUCH STANDARDS ARE AT THE  LOCAL  DISTRICT'S  OPTION;  OR  DISCONTINUES,
REDUCES, OR RESTRICTS THE AVAILABILITY OF EXISTING SERVICES.
  (c)  Each  social  services district shall submit the adult protective
services plan to the [department] OFFICE OF CHILDREN AND FAMILY SERVICES
as a component of its multi-year consolidated services plan [and  subse-
quent  thereto  as a component of its annual implementation reports] and
[the department] SUCH OFFICE shall review and approve the proposed  plan
and  ANY OTHER REQUIRED reports OR UPDATES in accordance with the proce-
dures set forth in section thirty-four-a of this chapter.

S. 5758--A                         102

  S 44. Subdivision 1 of section 3241 of the education law,  as  amended
by chapter 971 of the laws of 1969, is amended to read as follows:
  1.  The  board  of  education  of each city, except in cities having a
population of one hundred twenty-five thousand or more, shall constitute
a permanent census board in such city. Such board shall, under its regu-
lations, cause a census of the children in its city to be taken  and  to
be  amended  from  day to day, as changes of residence shall occur among
persons in such cities within the ages prescribed in subdivision two  of
this  section and as other persons shall come within the ages prescribed
therein and as other persons within such ages shall become residents  of
such  cities,  so  that  there shall always be on file with such board a
complete census giving the facts and information required in subdivision
two of this section; PROVIDED, HOWEVER,  THAT  FOR  PRE-SCHOOL  STUDENTS
FROM  BIRTH  TO FIVE YEARS OF AGE, SUCH CENSUS MAY BE PREPARED AND FILED
BIENNIALLY ON OR BEFORE THE FIFTEENTH DAY OF OCTOBER.
  S 45. Clause (b) of subparagraph 3 of paragraph e of subdivision 6  of
section  3602 of the education law, as amended by section 1 of part F of
chapter 383 of the laws of 2001, is amended to read as follows:
  (b) Such assumed amortization for a project approved  by  the  commis-
sioner  on or after the later of the first day of December, two thousand
one or thirty days after the date upon which this subdivision shall have
become a law AND PRIOR TO THE FIRST DAY OF JULY, TWO THOUSAND ELEVEN  or
for  any  debt  service related to projects approved by the commissioner
prior to such date where a bond, capital note or bond anticipation  note
is  first  issued [on or after such date] THE FIRST DAY OF DECEMBER, TWO
THOUSAND ONE to fund such projects, shall commence: (i) eighteen  months
after  such  approval or (ii) on the date of receipt by the commissioner
of a certification by the district that a general construction  contract
has  been  awarded for such project by the district, whichever is later,
and SUCH ASSUMED AMORTIZATION FOR A PROJECT APPROVED BY THE COMMISSIONER
ON OR AFTER THE FIRST DAY OF JULY, TWO THOUSAND ELEVEN  SHALL  COMMENCE:
(III) EIGHTEEN MONTHS AFTER SUCH APPROVAL OR (IV) ON THE DATE OF RECEIPT
BY  THE  COMMISSIONER  OF  BOTH  THE  FINAL  CERTIFICATE  OF SUBSTANTIAL
COMPLETION OF THE PROJECT ISSUED BY THE ARCHITECT OR  ENGINEER  AND  THE
FINAL  COST  REPORT FOR SUCH PROJECT, WHICHEVER IS LATER OR (V) UPON THE
DATE OF A FINDING BY THE COMMISSIONER THAT THE CERTIFICATE  OF  SUBSTAN-
TIAL COMPLETION OF THE PROJECT HAS BEEN ISSUED BY THE ARCHITECT OR ENGI-
NEER,  BUT  THE  DISTRICT  IS  UNABLE  TO COMPLETE THE FINAL COST REPORT
BECAUSE OF CIRCUMSTANCES  BEYOND  THE  CONTROL  OF  THE  DISTRICT.  SUCH
ASSUMED  AMORTIZATION  shall  provide  for  equal semiannual payments of
principal and interest based on an interest rate established pursuant to
subparagraph five of this paragraph for such purpose for the school year
during which such certification is received. The  first  installment  of
obligations  issued  by  the school district in support of such projects
may mature not later than the dates  established  pursuant  to  sections
21.00 and 22.10 of the local finance law.
  S 46. Intentionally omitted.
  S 47. Intentionally omitted.
  S 48. Intentionally omitted.
  S  49.  Subdivision 1 of section 1724 of the education law, as amended
by chapter 259 of the laws of 1975, is amended to read as follows:
  1. No claim against a central school district or a union  free  school
district, except for compensation for services of an officer or employee
engaged at agreed wages by the hour, day, week, month or year or for the
principal  of or interest on indebtedness of the district, shall be paid
unless an itemized voucher therefor approved by the officer whose action

S. 5758--A                         103

gave rise or origin to the claim, shall have been presented to the board
of education of the district and shall have been  audited  and  allowed;
PROVIDED,  HOWEVER  THAT  IN THE CASE OF A SCHOOL DISTRICT WITH A PUBLIC
SCHOOL  ENROLLMENT OF TEN THOUSAND STUDENTS OR MORE, THE BOARD OF EDUCA-
TION MAY, AT ITS DISCRETION, USE A RISK-BASED OR SAMPLING METHODOLOGY TO
DETERMINE WHICH CLAIMS ARE TO BE AUDITED IN LIEU OF AUDITING ALL CLAIMS.
The board of  education  shall  be  authorized,  but  not  required,  to
prescribe the form of such voucher.
  S 50. Intentionally omitted.
  S 51. Intentionally omitted.
  S 52. Intentionally omitted.
  S 53. Intentionally omitted.
  S 54. Intentionally omitted.
  S 55. Intentionally omitted.
  S 56. Intentionally omitted.
  S 57. Intentionally omitted.
  S 58. Intentionally omitted.
  S 59. Intentionally omitted.
  S 60. Intentionally omitted.
  S 61. Intentionally omitted.
  S  62.  Subdivision 2 of section 2116-b of the education law, as added
by chapter 263 of the laws of 2005, is amended to read as follows:
  2. School districts of less than eight teachers, school districts with
actual general fund expenditures totaling less than five million dollars
in the previous school year, or school districts with actual  enrollment
of  less  than  [three  hundred]  ONE  THOUSAND students in the previous
school year shall be exempt from this requirement. Any  school  district
claiming  such exemption shall annually certify to the commissioner that
such school district meets the requirements set forth in  this  subdivi-
sion.
  S 63. Intentionally omitted.
  S 64. Subdivision 17 of section 1950 of the education law is REPEALED.
  S  65.  Section  2215  of the education law is amended by adding a new
subdivision 17 to read as follows:
  17. TO DETERMINE THE ADEQUACY AND APPROPRIATENESS  OF  THE  FACILITIES
SPACE  AVAILABLE  TO  HOUSE SPECIAL EDUCATION PROGRAMS IN THE GEOGRAPHIC
AREA SERVED BY THE BOARD OF COOPERATIVE EDUCATIONAL SERVICES, CONSISTENT
WITH THE LEAST RESTRICTIVE ENVIRONMENT REQUIREMENT.
  S 66. This act shall take effect immediately, provided, however:
  (a) sections thirty-two, thirty-three  and  thirty-four  of  this  act
shall take effect on the ninetieth day after it shall have become a law;
  (b)  the  amendments  to  section 182.20 of the criminal procedure law
made by section ten of this act shall not  affect  the  repeal  of  such
section and shall be deemed repealed therewith;
  (c)  the amendments to subdivisions 3, 4, 8 and 13 of section 500-b of
the correction law made by sections eleven and twelve of this act  shall
not affect the repeal of such section and shall be deemed repealed ther-
ewith;
  (d)  sections  thirty-five,  thirty-six,  thirty-seven,  thirty-eight,
thirty-nine, forty and forty-three of this act shall take effect on  the
thirtieth day after it shall have become a law;
  (e)  sections  forty-two-a,  forty-two-b, forty-two-c, forty-two-d and
forty-two-e of this act shall take effect on the thirtieth day after  it
shall have become a law; and
  (f)  the amendments to paragraph (a) of subdivision 2 and subparagraph
(ii) of paragraph (e) of subdivision 4 of section 153-k  of  the  social

S. 5758--A                         104

services  law  made  by section forty-two-b of this act shall not affect
the repeal of such section and shall be deemed repealed therewith.

                                 PART E

  Section  1.  The  first undesignated paragraph of section 970-b of the
general municipal law, as added by chapter 916 of the laws of  1984  and
such  section  as  renumbered  by  chapter  686  of the laws of 1986, is
amended and a new fourth undesignated paragraph  is  added  to  read  as
follows:
  It  is hereby found and declared that there exists in many communities
blighted areas which threaten the economic and social well-being of  the
people  of the state. Blighted areas are characterized by one or more of
the conditions set forth in subdivision  (a)  of  section  nine  hundred
[sixty-c] SEVENTY-C of this article.
  IT IS FURTHER FOUND AND DECLARED THAT SOUND DEVELOPMENT AND REDEVELOP-
MENT  OF  BLIGHTED AREAS INCREASES PUBLIC SCHOOL ENROLLMENT BY PROVIDING
AFFORDABLE  HOUSING  AND  EMPLOYMENT  OPPORTUNITIES  AND  THE  NEED  FOR
EXPANDED PUBLIC EDUCATION FACILITIES AND SERVICES.
  S  2. Subdivisions (b) and (f) of section 970-c of the general munici-
pal law, as added by chapter 916 of the laws of 1984 and such section as
renumbered by chapter 686 of the laws of 1986, are  amended  and  a  new
subdivision (i) is added to read as follows:
  (b)  "Legislative body" means (I) the governing body of a municipality
empowered to adopt and  amend  local  laws  and  ordinances[;  provided,
however,  that in the case of the city of New York, the legislative body
shall, for the purposes of this article be the board of  estimate],  AND
(II) THE BOARD OF EDUCATION OF A SCHOOL DISTRICT OF WHICH CONSENTS TO AN
ALLOCATION OF TAXES PRESCRIBED IN SECTION NINE HUNDRED SEVENTY-P OF THIS
ARTICLE.
  (f)  "Planning agency" means the planning board or commission of [the]
A municipality OR THE PLANNING BOARD OR COMMITTEE OF A SCHOOL DISTRICT.
  (I) "SCHOOL  DISTRICT"  MEANS  ANY  SCHOOL  DISTRICT,  A  CITY  SCHOOL
DISTRICT  OR  A SCHOOL DISTRICT IN A CITY, AS THOSE TERMS ARE DEFINED IN
SECTION 2.00 OF THE LOCAL FINANCE LAW, WHICH APPROVES THE  REDEVELOPMENT
PLAN  AND  CONSENTS TO AN ALLOCATION OF TAXES PRESCRIBED IN SECTION NINE
HUNDRED SEVENTY-P OF THIS ARTICLE.
  S 3. Subdivisions (l) and (n) of section 970-f of the general  munici-
pal law, as added by chapter 916 of the laws of 1984 and such section as
renumbered  by  chapter  686  of the laws of 1986, are amended and a new
subdivision (o) is added to read as follows:
  (l) shall provide a limitation on the amount of  bonds  which  may  be
issued  pursuant  to  section  nine  hundred [sixty-o] SEVENTY-O of this
article for the purpose of carrying out or administering the  redevelop-
ment plan;
  (n) shall provide a plan for the relocation of families and persons to
be  temporarily  or permanently displaced from housing facilities in the
project area, which plan shall include the provision required by section
nine hundred [sixty-j] SEVENTY-J OF THIS ARTICLE that no person or fami-
ly of low and moderate income shall be displaced unless and until  there
is  suitable housing available and ready for occupancy by such displaced
person or family at rents comparable to those paid at the time of  their
displacement.
  (O)  MAY  PROVIDE  FOR THE CONSENT TO AND APPROVAL OF THE PROJECT AREA
AND THE REDEVELOPMENT PLAN BY THE  BOARD  OF  EDUCATION  OF  THE  SCHOOL
DISTRICT.

S. 5758--A                         105

  S  4. Subdivisions (b) and (c) of section 970-h of the general munici-
pal law, as added by chapter 916 of the laws of 1984 and such section as
renumbered by chapter 686 of the laws of 1986, are amended  to  read  as
follows:
  (b)  Notice  of the hearing shall be posted in at least four prominent
places within the project area for a period of three weeks prior to such
hearing and shall be published not less  than  once  a  week  for  three
successive  weeks  prior to the hearing in a newspaper of general circu-
lation in the municipality involved. The notice of hearing shall include
a legal description of the boundaries of the  PROJECT  area  [or  areas]
designated in the proposed redevelopment plan [and], a general statement
of  the scope and objectives of the plan, AND A STATEMENT WHETHER ONE OR
MORE  SCHOOL  DISTRICTS  HAVE  CONSENTED  TO  AN  ALLOCATION  OF   TAXES
PRESCRIBED  IN SECTION NINE HUNDRED SEVENTY-P OF THIS ARTICLE. A copy of
the notices shall be mailed to the last known owner of  each  parcel  of
land  in  the  area designated in the redevelopment plan.  A copy of the
notice shall also be mailed to the  legislative  body  of  each  of  the
taxing  jurisdictions  which  levies taxes upon any real property in the
project area designated in the proposed redevelopment plan.
  (c) Any and all persons who have any objections to the proposed  rede-
velopment  plan or who deny the existence of blight as defined by subdi-
vision (a) of section nine hundred [sixty-c] SEVENTY-C of this  article,
in  the proposed project area, or the legality or appropriateness of any
of the prior proceedings, may appear before the legislative body at such
public hearing and show cause  why  the  proposed  plan  should  not  be
adopted.  At any time not later than the hour set for hearing objections
to the proposed redevelopment plan, any person may file in writing  with
the  clerk  of  the  legislative  body  a  statement  of  such  person's
objections to the proposed plan.
  S 5. Section 970-m of the general municipal law, as added  by  chapter
916  of the laws of 1984 and as renumbered by chapter 686 of the laws of
1986, is amended to read as follows:
  S 970-m. Amendment of redevelopment plan. If at  any  time  after  the
adoption  of  a redevelopment plan for a project area by the legislative
body, it becomes necessary or desirable to amend or  modify  such  plan,
the  legislative body may by resolution amend such plan. Such amendments
may include a change in the boundaries of the project area to  add  land
to  or,  prior  to the issuance of indebtedness pursuant to section nine
hundred [sixty-o] SEVENTY-O OF THIS ARTICLE as provided by such redevel-
opment plan, exclude land from the project area. An amendment or modifi-
cation of the plan  shall  be  approved  pursuant  to  subdivisions  (a)
through (g) of section nine hundred [sixty-h] SEVENTY-H of this article.
Upon  adoption  of the amended plan by the legislative body the legisla-
tive body shall transmit the amended plan as provided by subdivision (h)
of such section.
  S 6. Paragraphs (iii), (iv) and (v)  of  subdivision  (a)  of  section
970-n  of the general municipal law, as added by chapter 916 of the laws
of 1984 and such section as renumbered by chapter 686  of  the  laws  of
1986, are amended to read as follows:
  (iii) If two or more municipalities jointly exercise the powers grant-
ed  under  this subdivision and a redevelopment plan as adopted provides
for the allocation of real property tax  revenues  pursuant  to  section
nine hundred [sixty-o] SEVENTY-O of this article the real property taxes
of each municipality shall be allocated pursuant to such section.
  (iv) If two or more municipalities jointly exercise the powers granted
under  this  subdivision  and the redevelopment plan as adopted provides

S. 5758--A                         106

for the issuance  of  indebtedness  pursuant  to  section  nine  hundred
[sixty-o]  SEVENTY-O  of this article, such indebtedness shall either be
issued jointly by the municipalities and the resolution authorizing  the
issuance  of  such indebtedness must be approved by the legislative body
of each municipality acting separately or shall be issued by  resolution
of  the  [the] designated agent on behalf of the municipality it repres-
ents and, by resolution of its legislative body, each municipality shall
irrevocably pledge the  revenues  allocated  pursuant  to  section  nine
hundred  [sixty-p]  SEVENTY-P  of  this article to the repayment of such
indebtedness and any interest thereon.
  (v) The joint exercise of powers authorized by this subdivision  shall
be  permitted  only  for the purpose of redevelopment of an area located
wholly within each municipality AND WITHIN ONE OR MORE SCHOOL DISTRICTS.
  S 7. Paragraphs (ii) and (iii) and subparagraph 1 of paragraph (v)  of
subdivision  (b) of section 970-n of the general municipal law, as added
by chapter 916 of the laws of 1984 and such  section  as  renumbered  by
chapter 686 of the laws of 1986, are amended to read as follows:
  (ii)  A municipal redevelopment authority shall be a corporate govern-
mental agency constituting  a  public  benefit  corporation.  Except  as
otherwise provided by special act of the legislature, an authority shall
consist  of  not  less  than five nor more than nine members. Membership
shall be apportioned among the municipalities AND SCHOOL DISTRICTS,  and
the  manner of selection of a chairman determined by an [intermunicipal]
agreement approved by local law by each such municipality, AND BY RESOL-
UTION OF THE BOARD OF EDUCATION OF EACH SCHOOL DISTRICT.  Members  shall
serve at the pleasure of the appointing authority, and each member shall
continue  to hold office until his successor is appointed and has quali-
fied. The [governing] LEGISLATIVE body shall file with the secretary  of
state  a  certificate  of  appointment  or  reappointment  of any member
appointed or reappointed by it. Members shall  receive  no  compensation
for  their services but shall be entitled to reimbursement of the neces-
sary expenses, including traveling expenses, incurred in  the  discharge
of  their duties. No action shall be taken by an authority except pursu-
ant to the favorable vote of a majority of the members then  in  office.
Any  one or more of the members of an authority may be an official or an
employee of such municipality. In the  event  that  an  official  or  an
employee  of  such  municipality  shall  be appointed as a member of the
agency, acceptance or retention of such appointment shall not be  deemed
a  forfeiture of his OR HER municipal office or employment, or incompat-
ible therewith or affect his OR HER tenure or compensation in  any  way.
The  term of office of a member of an authority who is an official or an
employee of such municipality when appointed  as  a  member  thereof  by
special act of the legislature creating the authority shall terminate at
the  expiration  of  the  term  of his OR HER municipal office. Upon THE
creation of an authority, from time to time the [governing]  LEGISLATIVE
body  of a municipality OR A SCHOOL DISTRICT, may, by resolution, appro-
priate sums of money to defray the expenses of the authority.
  (iii) Unless otherwise provided by this subdivision or by the  special
act  of the legislature establishing a municipal redevelopment authority
or empowering an existing public corporation to carry out  the  purposes
and  provisions  of  this  article, such authority or public corporation
shall have the powers, duties and  responsibilities  granted  a  munici-
pality AND SCHOOL DISTRICT and its legislative body pursuant to sections
nine  hundred  [sixty-d] SEVENTY-D through nine hundred [sixty-m] SEVEN-
TY-M of this article, as well as the authority to receive the  taxes  of
each  municipality  AND  SCHOOL  DISTRICT allocated and paid pursuant to

S. 5758--A                         107

section nine hundred [sixty-p] SEVENTY-P of this article. Such authority
or public corporation shall have the power to designate survey areas and
select project areas as provided  by  sections  nine  hundred  [sixty-d]
SEVENTY-D  and  nine  hundred  [sixty-e] SEVENTY-E of this article. Such
authority or public corporation shall obtain the report and  recommenda-
tion  of  the planning agency of each municipality OR SCHOOL DISTRICT on
the redevelopment plan and its conformity to the  master  plan  of  each
municipality  AND  SCHOOL  DISTRICT  before presenting the redevelopment
plan to the legislative body of each municipality  OR  SCHOOL  DISTRICT.
In  order  for  a  preliminary plan to be adopted or for a redevelopment
plan to be adopted or amended approval must be obtained by resolution of
the legislative body of each municipality  AND  SCHOOL  DISTRICT  acting
separately.
  (1)  An  authority  or  public  corporation  shall have the powers and
duties granted municipalities pursuant to section nine hundred [sixty-o]
SEVENTY-O of this article to issue tax increment bonds and tax increment
bond anticipation notes.  Such bonds and notes shall be bonds and  notes
of  the  authority  or  public corporation and neither the state nor any
municipality shall be liable on such bonds and notes and such bonds  and
notes shall not be a debt of the state or of any municipality.
  S 8. Subdivisions (a), (b), (g) and (i) of section 970-o of the gener-
al  municipal  law, as added by chapter 916 of the laws of 1984 and such
section as renumbered by chapter 686 of the laws of  1986,  are  amended
and a new subdivision (j) is added to read as follows:
  (a)  For  the purpose of carrying out or administering a redevelopment
plan adopted by the legislative body, a municipality is  hereby  author-
ized,  without  limiting its authority under other provisions of law, to
issue by resolution of its legislative body tax increment bonds  or  tax
increment  bond anticipation notes of the municipality which are payable
from and secured by real property taxes, in whole or in part,  allocated
to and paid pursuant to the provisions of section nine hundred [sixty-p]
SEVENTY-P  of this article. The pledge of such real property taxes allo-
cated and paid shall constitute a first lien  on  the  revenues  derived
therefrom  and  tax  increment  bonds or tax increment bond anticipation
notes, the repayment of which is secured by such revenues shall  not  be
subordinate  to  any other indebtedness of the municipality with respect
to the pledge of such revenues. The municipality shall have the power to
issue renewal notes, to issue bonds to pay notes and whenever  it  deems
refunding  expedient,  to refund any bonds by the issuance of new bonds,
whether the bonds to be refunded have or have not matured, and to  issue
bonds  partly  to refund bonds then outstanding and partly for any other
purposes.
  (b) In contracting indebtedness pursuant to subdivision  (a)  of  this
section  NEITHER a municipality NOR A SCHOOL DISTRICT shall [not] pledge
its faith and credit or the faith and credit of the state to the payment
of THE  principal  thereof  and  the  interest  thereon.    INDEBTEDNESS
REFERRED  TO  IN  SECTION  SIX  OF ARTICLE XVI OF THE STATE CONSTITUTION
SHALL NOT APPLY TO A SCHOOL DISTRICT.
  (g) The amount of any indebtedness contracted under this section shall
be excluded in ascertaining the power of the municipality  OR  A  SCHOOL
DISTRICT  to  contract  indebtedness  within the provisions of the state
constitution or the local finance law relating thereto.
  (i) The municipality may [only] contract indebtedness pursuant to this
section for the following objects [and] OR purposes, EACH OF WHICH SHALL
BE A PUBLIC USE AND A PUBLIC PURPOSE:

S. 5758--A                         108

  (i) acquisition AND ASSEMBLAGE of land INCLUDING ENVIRONMENTAL REMEDI-
ATION AND  BROWNFIELD  REDEVELOPMENT  AUTHORIZED  IN  THE  ENVIRONMENTAL
CONSERVATION LAW;
  (ii)  demolition and removal of buildings, structures and improvements
and site preparation;
  (iii) installation, construction or reconstruction of  streets,  walk-
ways,  docks,  drainage,  parking  facilities, flood control facilities,
water and sewer systems and other [public] utilities,  parks  and  play-
grounds;
  (iv)  other public improvements or services integral to the redevelop-
ment plan authorized by or for which a period of probable usefulness has
been established by section  11.00  of  the  local  finance  law.  [Such
objects]  OBJECTS  and purposes REFERRED TO IN THIS SUBDIVISION shall be
deemed to have the period of probable usefulness as  provided  GENERALLY
for such objects and purposes by such section.
  (J)  IN ADDITION TO THE ALLOCATION OF TAXES AUTHORIZED IN SECTION NINE
HUNDRED SEVENTY-P OF THIS ARTICLE, INDEBTEDNESS AUTHORIZED  PURSUANT  TO
THIS SECTION MAY BE SECURED BY A MUNICIPALITY AS FOLLOWS:
  (I)  PURSUANT  TO  SECTION  ONE  HUNDRED NINETEEN-O OF THIS CHAPTER, A
MUNICIPALITY MAY BY RESOLUTION OF ITS GOVERNING BOARD, PLEDGE A  PORTION
OF  THE SALES TAX RECEIVED IN ANY FISCAL YEAR PURSUANT TO SECTION TWELVE
HUNDRED SIXTY-ONE OF THE  TAX  LAW  FROM  BUSINESSES  OPERATING  IN  THE
PROJECT  AREA AND BENEFITTING FROM THE REDEVELOPMENT PLAN TO THE PAYMENT
OF THE PRINCIPAL OF AND INTEREST ON SUCH INDEBTEDNESS;
  (II) A MUNICIPALITY MAY ESTABLISH AN ASSESSMENT AREA, PURSUANT TO  THE
PROCEDURES  IN  SECTION  22-2200 OF THE VILLAGE LAW TO ACCESS PARCELS IN
THE PROJECT AREA AS BENEFITED PROPERTIES IN THE AMOUNTS AND IN THE YEARS
EQUAL TO THE ALLOCATION OF TAXES PROJECTED TO BE COLLECTED AS DETERMINED
UNDER SECTION NINE HUNDRED SEVENTY-P OF THIS ARTICLE.
  S 9. Paragraph (i) of subdivision (d) of section 970-o of the  general
municipal  law,  as  added  by  chapter 916 of the laws of 1984 and such
section as renumbered by chapter 686 of the laws of 1986, is amended  to
read as follows:
  (i)  pledging all or a part of the taxes allocated pursuant to section
nine hundred [sixty-p] SEVENTY-P of this article or  the  proceeds  from
the  sale  of property acquired with the proceeds of such notes or bonds
to secure the payment of such notes or bonds or of  any  issue  thereof,
subject to such agreements with bondholders or noteholders as may exist;
  S  10. Section 970-p of the general municipal law, as added by chapter
916 of the laws of 1984 and as renumbered by chapter 686 of the laws  of
1986, is amended to read as follows:
  S 970-p. Allocation of taxes. (a) Any redevelopment plan may contain a
provision  that real property taxes levied upon taxable real property in
the project area each year by or for the benefit of the municipality  or
municipalities  AND  SCHOOL  DISTRICTS  after  the effective date of the
resolution  approving  the  redevelopment  plan,  shall  be  divided  as
follows:
  (i)  that  portion  of  the  real  property taxes not in excess of the
amount which would be produced by applying the rate upon which  the  tax
is  levied  each year by or for each municipality AND SCHOOL DISTRICT to
the total sum of the assessed value of the taxable real property in  the
project  area  as shown upon the assessment roll used in connection with
the taxation of such property by such municipality AND SCHOOL  DISTRICT,
last  adopted  prior  to  the effective date of the resolution approving
such plan, shall be allocated to and when collected shall be  paid  into
the  funds of the respective municipalities AND SCHOOL DISTRICTS as real

S. 5758--A                         109

property taxes collected  by  or  for  said  municipalities  AND  SCHOOL
DISTRICTS adopting the redevelopment plan;
  (ii)  that  portion  of  the  real  property taxes levied each year in
excess of the portion allocated and paid pursuant to  paragraph  (i)  of
this  subdivision shall be allocated to and when collected shall be paid
into the fund or funds established for such purposes to pay the  princi-
pal and interest on indebtedness incurred by such municipality OR SCHOOL
DISTRICT  pursuant  to  section nine hundred [sixty-o] SEVENTY-O of this
article or, if the redevelopment plan so provides, the amount  allocated
and  paid in excess of interest and principal and necessary reserves may
be expended for amounts of money to be paid in lieu of taxes. Unless and
until the total assessed valuation of the taxable property in a  project
area  exceeds  the  total assessed value of the taxable real property in
such project area as shown by the last assessment roll  referred  to  in
paragraph (i) of this subdivision, all of the real property taxes levied
and  collected upon the taxable real property in such project area shall
be paid into the funds  of  the  respective  municipalities  AND  SCHOOL
DISTRICTS.    When  such indebtedness, if any and interest thereon, have
been paid, all moneys thereafter received from real property taxes  upon
the  taxable  real  property in such project area shall be paid into the
funds of the respective municipalities  AND  SCHOOL  DISTRICTS  as  real
property taxes on all other real property are paid;
  (iii)  whenever  the  total  amount  of  real property taxes allocated
pursuant to paragraph (ii) of this subdivision exceeds the amounts allo-
cated and paid for interest and principal and  necessary  reserves,  and
for  amounts  to be paid in lieu of taxes, the amount of taxes in excess
of such amounts shall be paid into the funds of the  respective  munici-
palities as taxes on all other real property are paid;
  (iv)  the  allocation  of  taxes  authorized by this section (1) shall
apply to taxable years beginning after the effective date of the  resol-
ution approving the redevelopment plan, AND
  (2)  SHALL  BE  ESTIMATED  BY THE APPROPRIATE REAL PROPERTY ASSESSMENT
OFFICER PRIOR TO THE ISSUANCE OF SUCH INDEBTEDNESS  FOR  EACH  YEAR  THE
INDEBTEDNESS  TO  BE  INCURRED  BY SUCH MUNICIPALITY PURSUANT TO SECTION
NINE HUNDRED SEVENTY-O OF THIS ARTICLE IS SCHEDULED TO BE OUTSTANDING IN
AN AMOUNT SUFFICIENT TO PAY  THE  PRINCIPAL  OF  AND  INTEREST  ON  SUCH
INDEBTEDNESS IN EACH YEAR REAL PROPERTY TAXES OF THE MUNICIPALITY OR THE
SCHOOL  DISTRICT  LEVIED  UPON  TAXABLE  PROPERTY IN THE PROJECT AREA IS
DIVIDED PURSUANT TO THIS SECTION. DURING THE PERIOD SUCH INDEBTEDNESS IS
OUTSTANDING, THE APPROPRIATE  REAL  PROPERTY  ASSESSMENT  OFFICER  SHALL
ENDEAVOR  IN  GOOD  FAITH TO DETERMINE ASSESSED VALUES ON PARCELS IN THE
PROJECT AREA TO ACHIEVE SUCH ESTIMATE IN EACH SUCH YEAR.   UPON  REQUEST
BY  A  MUNICIPALITY  OR  SCHOOL  DISTRICT,  THE  OFFICE OF REAL PROPERTY
SERVICES SHALL PROVIDE GUIDANCE ON METHODOLOGIES FOR ASSESSMENTS  AND/OR
REVIEW SUCH ESTIMATES.
  (b)  [Whenever  real  property  in  any redevelopment project has been
redeveloped and thereafter is leased by the municipality to  any  person
or persons or whenever the agency leases real property in any redevelop-
ment  project  to  any person or persons for redevelopment, the property
shall be assessed and taxed in the same manner as privately  owned  real
property  and  the lease or contract shall provide that the lessee shall
pay real property taxes upon the assessed value of the entire real prop-
erty and not merely the assessed value of his or her leasehold interest.
  (c)] In any municipality OR SCHOOL DISTRICT subject to the  allocation
of  revenues pursuant to this section the assessed value of taxable real
property located in a project area shall  be  included  on  the  taxable

S. 5758--A                         110

portion  of the assessment roll, provided, however, that notwithstanding
any provision of law to the contrary, the assessed value  determined  in
accordance  with paragraph (ii) of subdivision (a) of this section shall
not  be  included in the taxable value of real property when determining
the tax rate for such municipality OR SCHOOL DISTRICT.
  [(d)] (C) The rate of tax resulting from the  levy  of  real  property
taxes  shall  be  applied  to  the  assessed  value of any real property
subject to the allocation  provisions  of  this  section  as  determined
pursuant  to subdivision (a) of this section, however, the amount of tax
levied as a result of the application of the tax rate to the increase in
assessed value determined in accordance with paragraph (ii) of  subdivi-
sion  (a) of this section shall not be paid into the fund of the munici-
pality OR THE SCHOOL DISTRICT as real property taxes but shall be  allo-
cated pursuant to that paragraph.
  [(e)] (D) The official or officials responsible for the preparation of
the  assessment  roll  or  rolls  specified  in  subdivision (a) of this
section shall provide to the municipality or municipalities  AND  SCHOOL
DISTRICTS, in addition to the assessment roll or rolls, such information
as  is deemed necessary by the legislative bodies of the municipality or
municipalities AND SCHOOL DISTRICTS to effectuate the  purpose  of  this
section.
  [(f)]  (E)  The  allocation  of real property taxes authorized by this
section shall be permitted  only  with  respect  to  municipalities  AND
SCHOOL  DISTRICTS  which have adopted a redevelopment plan providing for
such allocation pursuant to section nine hundred [sixty-h] SEVENTY-H  or
section  nine hundred [sixty-n] SEVENTY-N of this article and such allo-
cation shall not apply to special ad valorem levies and special  assess-
ments  as  defined  by  subdivisions fourteen and fifteen of section one
hundred two of the real property tax law, EXCEPT AS  PROVIDED  IN  PARA-
GRAPH (III) OF SUBDIVISION (J) OF SECTION NINE HUNDRED SEVENTY-O OF THIS
ARTICLE.
  [(g)]  (F) If, after adoption of a redevelopment plan, the official or
officials responsible for the preparation  of  the  assessment  roll  or
rolls  specified in subdivision (a) of this section undertake to revalue
real property for real property tax purposes by altering the standard of
assessment utilized to establish the value of real property for  assess-
ment  purposes, the assessment of real property within a project area as
provided by paragraph (i) of subdivision (a) of this  section  shall  be
adjusted  in  such manner as if such new standard of assessment had been
utilized in the preparation of the assessment roll last adopted prior to
adoption of the redevelopment plan.
  (G) WITH RESPECT TO A SCHOOL DISTRICT WHICH CONSENTS TO AN  ALLOCATION
OF TAXES PRESCRIBED IN THIS SECTION, THE OBJECT OR PURPOSE OF WHICH SUCH
INDEBTEDNESS  MAY BE INCURRED BY A MUNICIPALITY SHALL BE A SCHOOL BUILD-
ING. HOWEVER, THERE SHALL BE NO APPORTIONMENT  OF  PUBLIC  MONEYS  UNDER
SECTION THREE THOUSAND SIX HUNDRED ONE OF THE EDUCATION LAW WITH RESPECT
TO SUCH ALLOCATION OF TAXES LEVIED BY A SCHOOL DISTRICT.
  (H) IN ESTABLISHING A UNIFORM TAX EXEMPTION POLICY PURSUANT TO SECTION
EIGHT  HUNDRED  SEVENTY-FOUR  OF  THIS CHAPTER, AN AGENCY SHALL NOT TAKE
INTO ACCOUNT THE PORTION OF REAL PROPERTY TAXES MEASURED UNDER PARAGRAPH
(II) OF SUBDIVISION (A) OF THIS SECTION IN COMPUTING A PAYMENT  IN  LIEU
OF TAXES AGREEMENT.
  S  11.  This  act shall take effect immediately and shall apply to any
indebtedness incurred by a municipality pursuant to section 970-o of the
general municipal law on or after July 30, 1986.

S. 5758--A                         111

                                 PART F

  Section  1.  The  real  property  tax  law  is amended by adding a new
section 485-n to read as follows:
  S 485-N.  RESIDENTIAL-COMMERCIAL EXEMPTION PROGRAM. 1. DEFINITIONS. AS
USED IN THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEAN-
INGS:
  (A) "APPLICANT" MEANS ANY PERSON OBLIGATED TO PAY REAL PROPERTY  TAXES
ON REAL PROPERTY FOR WHICH AN EXEMPTION FROM TAXES UNDER THIS SECTION IS
SOUGHT.
  (B) "BENEFIT AREA" MEANS THE AREA WITHIN A MUNICIPALITY, DESIGNATED BY
LOCAL  LAW, TO WHICH AN EXEMPTION, ESTABLISHED PURSUANT TO THIS SECTION,
APPLIES.
  (C) "COMMERCIAL CONSTRUCTION WORK" MEANS THE MODERNIZATION,  REHABILI-
TATION, EXPANSION OR OTHER IMPROVEMENT OF THE COMMERCIAL USE PROPERTY OR
OF THE PORTION OF MIXED-USE PROPERTY TO BE USED FOR COMMERCIAL PURPOSES.
  (D) "COMMERCIAL PURPOSE OR USE" MEANS THE BUYING, SELLING OR OTHERWISE
PROVIDING  OF  GOODS  OR  SERVICES,  INCLUDING  HOTEL SERVICES, OR OTHER
LAWFUL BUSINESS OR COMMERCIAL ACTIVITIES PERMITTED UPON MIXED-USE  PROP-
ERTY.
  (E) "COMMERCIAL USE PROPERTY" MEANS REAL PROPERTY ON WHICH WILL EXIST,
AFTER  COMPLETION  OF  COMMERCIAL CONSTRUCTION WORK, A BUILDING USED FOR
COMMERCIAL PURPOSES OR USE.
  (F) "MIXED-USE PROPERTY" MEANS REAL  PROPERTY  ON  WHICH  WILL  EXIST,
AFTER  COMPLETION  OF  RESIDENTIAL CONSTRUCTION WORK OR A COMBINATION OF
RESIDENTIAL CONSTRUCTION WORK AND COMMERCIAL CONSTRUCTION WORK, A BUILD-
ING OR STRUCTURE USED FOR BOTH RESIDENTIAL AND COMMERCIAL PURPOSES.
  (G) "MUNICIPALITY" MEANS ANY TOWN, CITY, VILLAGE OR OTHER TAXING ENTI-
TY, THAT IS NOT A CITY OR WITHIN A  CITY  HAVING  A  POPULATION  OF  ONE
MILLION OR MORE.
  (H) "RESIDENTIAL CONSTRUCTION WORK" MEANS THE CREATION, MODERNIZATION,
REHABILITATION,  EXPANSION OR OTHER IMPROVEMENT OF DWELLING UNITS, OTHER
THAN DWELLING UNITS IN A HOTEL, IN THE PORTION OF MIXED-USE PROPERTY  TO
BE USED FOR RESIDENTIAL PURPOSES.
  2.  (A) A MUNICIPALITY MAY, BY LOCAL LAW, PROVIDE FOR THE EXEMPTION OF
REAL PROPERTY IN A DESIGNATED BENEFIT AREA FROM TAXATION AS PROVIDED  IN
THIS SECTION.
  (B)  THE  LOCAL  GOVERNING  BOARD  OR  COUNCIL  SHALL ESTABLISH A PLAN
CONCERNING THE VARIOUS TYPES OF RESIDENTIAL REAL PROPERTY WHICH  MAY  BE
GRANTED  ELIGIBILITY  FOR AN EXEMPTION PURSUANT TO PARAGRAPH (A) OF THIS
SUBDIVISION. THE  EXEMPTION  SHALL  BE  COMPUTED  AS  PROVIDED  IN  THIS
SECTION. IN ADDITION, SUCH PLAN SHALL IDENTIFY DESIGNATED BENEFIT AREAS,
WITHIN  WHICH  SUCH EXEMPTIONS SHALL BE OFFERED.  IN DEVELOPING THE PLAN
REQUIRED BY THIS PARAGRAPH, THE LOCAL GOVERNING BOARD OR  COUNCIL  SHALL
CONSIDER  THE  PLANNING  OBJECTIVES  OF THE SCHOOL DISTRICT WHICH SERVES
SUCH MUNICIPALITY, AND THE NECESSITY OF THE EXEMPTION TO THE  ATTRACTION
OR  RETENTION  OF  HOME  OWNERS  AND THE ECONOMIC BENEFIT TO THE AREA OF
PROVIDING EXEMPTIONS TO HOME OWNERS.
  (C) IN ADDITION, THE LOCAL GOVERNING BOARD OR COUNCIL MAY  MODIFY  ITS
PLAN TO IMPROVE THE ECONOMIC CLIMATE THEREIN.
  (D)  A  LOCAL  GOVERNING  BOARD OR COUNCIL MAY, BY LOCAL LAW, RESTRICT
REAL PROPERTY  ELIGIBLE  TO  RECEIVE  THE  EXEMPTION  TO  REAL  PROPERTY
CONSTRUCTED  FOR  THOSE  PURPOSES IDENTIFIED IN THE PLAN. SUCH LOCAL LAW
SHALL RESTRICT THE  AVAILABILITY  OF  SUCH  EXEMPTION  TO  THE  SPECIFIC
GEOGRAPHIC  AREAS  IDENTIFIED  IN THE PLAN.  UPON THE ADOPTION OF SUCH A
LOCAL LAW, THE COUNTY IN WHICH SUCH  MUNICIPALITY  IS  LOCATED  MAY,  BY

S. 5758--A                         112

LOCAL  LAW,  AND ANY SCHOOL DISTRICT, ALL OR PART OF WHICH IS LOCATED IN
SUCH MUNICIPALITY, MAY, BY RESOLUTION, EXEMPT  SUCH  PROPERTY  FROM  ITS
TAXATION  IN THE SAME MANNER AND TO THE SAME EXTENT AS SUCH MUNICIPALITY
HAS DONE.
  3.  UPON  THE ADOPTION OF SUCH A LOCAL LAW THE COMMERCIAL USE PROPERTY
OR MIXED-USE PROPERTY THAT WAS CONVERTED, CREATED, MODERNIZED, REHABILI-
TATED, EXPANDED OR OTHERWISE IMPROVED OR  THE  COMMERCIAL  USE  PROPERTY
THAT  WAS  CONVERTED,  CREATED,  MODERNIZED,  REHABILITATED, EXPANDED OR
OTHERWISE IMPROVED, SHALL BE EXEMPT FROM TAXATION AND SPECIAL AD VALOREM
LEVIES AS PROVIDED FOR IN SUBDIVISION FOUR OF THIS SECTION.
  4. (A) (I) FOR A PERIOD OF TWELVE YEARS FOLLOWING THE APPROVAL  OF  AN
APPLICATION,  THE  INCREASE IN ASSESSED VALUE OF SUCH PROPERTY ATTRIBUT-
ABLE TO SUCH CONVERSION, CREATION, MODERNIZATION, REHABILITATION, EXPAN-
SION OR OTHER IMPROVEMENT SHALL BE EXEMPT AS  PROVIDED  IN  SUBPARAGRAPH
(II) OF THIS PARAGRAPH. SUCH EXEMPTION SHALL BE COMPUTED WITH RESPECT TO
THE  "EXEMPTION  BASE".  THE EXEMPTION BASE SHALL BE DETERMINED FOR EACH
YEAR IN WHICH THERE IS AN INCREASE IN  ASSESSED  VALUE  SO  ATTRIBUTABLE
FROM THAT OF THE PREVIOUS YEAR'S ASSESSED VALUE.
  (II)  THE  FOLLOWING  SHALL  DETERMINE  THE  COMPUTATION  OF  THE  TAX
EXEMPTION:

YEAR OF EXEMPTION   PERCENTAGE OF EXEMPTION
   1 THROUGH 8      100% OF EXEMPTION BASE
   9                80% OF EXEMPTION BASE
   10               60% OF EXEMPTION BASE
   11               40% OF EXEMPTION BASE
   12               20% OF EXEMPTION BASE

  (B) NO SUCH EXEMPTION SHALL BE GRANTED UNLESS:
  (I) SUCH CONVERSION, CREATION, MODERNIZATION,  REHABILITATION,  EXPAN-
SION  OR OTHER IMPROVEMENT WAS COMMENCED SUBSEQUENT TO THE DATE ON WHICH
THE MUNICIPALITY'S LOCAL LAW TOOK EFFECT; AND
  (II) THE COST OF SUCH CONVERSION, CREATION,  MODERNIZATION,  REHABILI-
TATION,  EXPANSION  OR OTHER IMPROVEMENT EXCEEDS THE SUM OF TEN THOUSAND
DOLLARS OR SUCH GREATER AMOUNT AS MAY BE SPECIFIED BY LOCAL LAW.
  (C) FOR PURPOSES OF  THIS  SECTION  THE  TERM  "CONVERSION,  CREATION,
MODERNIZATION, REHABILITATION, EXPANSION OR OTHER IMPROVEMENT" SHALL NOT
INCLUDE ORDINARY MAINTENANCE AND REPAIRS.
  (D)  NO  SUCH EXEMPTION SHALL BE GRANTED CONCURRENT WITH OR SUBSEQUENT
TO ANY OTHER REAL PROPERTY TAX EXEMPTION GRANTED TO  THE  SAME  IMPROVE-
MENTS TO REAL PROPERTY, EXCEPT, WHERE DURING THE PERIOD OF SUCH PREVIOUS
EXEMPTION,  PAYMENTS IN LIEU OF TAXES OR OTHER PAYMENTS WERE MADE TO THE
MUNICIPALITY IN AN AMOUNT THAT WOULD HAVE BEEN EQUAL TO OR GREATER  THAN
THE  AMOUNT  OF  REAL  PROPERTY  TAXES THAT WOULD HAVE BEEN PAID ON SUCH
IMPROVEMENTS HAD SUCH PROPERTY BEEN GRANTED  AN  EXEMPTION  PURSUANT  TO
THIS  SECTION.  IN SUCH CASE, AN EXEMPTION SHALL BE GRANTED FOR A NUMBER
OF YEARS EQUAL TO THE TWELVE YEAR EXEMPTION  GRANTED  PURSUANT  TO  THIS
SECTION LESS THE NUMBER OF YEARS THE PROPERTY WOULD HAVE BEEN PREVIOUSLY
EXEMPT FROM REAL PROPERTY TAXES.
  5.  SUCH EXEMPTION SHALL BE GRANTED ONLY UPON APPLICATION BY THE OWNER
OF REAL PROPERTY ON A FORM PRESCRIBED BY THE STATE BOARD. SUCH  APPLICA-
TION  SHALL  BE  FILED  WITH  THE ASSESSOR OF THE MUNICIPALITY OR COUNTY
HAVING THE POWER TO ASSESS PROPERTY FOR TAXATION ON OR BEFORE THE APPRO-
PRIATE TAXABLE STATUS DATE OF SUCH MUNICIPALITY OR COUNTY.  NO  APPLICA-
TION  SHALL BE APPROVED BY ANY MUNICIPALITY OR COUNTY THAT WAS SUBMITTED
MORE THAN TWELVE YEARS AFTER THE EFFECTIVE DATE OF THIS SECTION.

S. 5758--A                         113

  6. IF THE ASSESSOR IS SATISFIED THAT THE APPLICANT IS ENTITLED  TO  AN
EXEMPTION PURSUANT TO THIS SECTION, HE OR SHE SHALL APPROVE THE APPLICA-
TION AND SUCH REAL PROPERTY SHALL THEREAFTER BE EXEMPT FROM TAXATION AND
SPECIAL  AD  VALOREM  LEVIES AS PROVIDED IN THIS SECTION COMMENCING WITH
THE  ASSESSMENT  ROLL PREPARED AFTER THE TAXABLE STATUS DATE REFERRED TO
IN SUBDIVISION FIVE  OF  THIS  SECTION.    THE  ASSESSED  VALUE  OF  ANY
EXEMPTION  GRANTED  PURSUANT  TO  THIS  SECTION  SHALL BE ENTERED BY THE
ASSESSOR ON THE ASSESSMENT ROLL WITH  THE  TAXABLE  PROPERTY,  WITH  THE
AMOUNT OF THE EXEMPTION SHOWN IN A SEPARATE COLUMN.
  S 2. This act shall take effect immediately.

                                 PART G

  Section  1.  The  opening  paragraph of section 1210 of the tax law is
REPEALED and a new opening paragraph is added to read as follows:
  NOTWITHSTANDING ANY OTHER  PROVISION  OF  LAW  TO  THE  CONTRARY,  BUT
SUBJECT  TO  THE  LIMITATIONS AND EXEMPTIONS IN PART II OF THIS ARTICLE,
ANY CITY IN THIS STATE OR COUNTY IN THIS STATE, EXCEPT A  COUNTY  WHOLLY
WITHIN  A  CITY,  ACTING  THROUGH  ITS LOCAL LEGISLATIVE BODY, IS HEREBY
AUTHORIZED AND EMPOWERED TO ADOPT AND AMEND LOCAL  LAWS,  ORDINANCES  OR
RESOLUTIONS  IMPOSING  IN  SUCH  CITY  OR  COUNTY THE TAXES DESCRIBED IN
EITHER SUBDIVISION (A) OR (B) OF THIS SECTION, BUT NOT BOTH, AT THE RATE
OF ONE-HALF, ONE, ONE AND ONE-HALF,  TWO,  TWO  AND  ONE-HALF  OR  THREE
PERCENT,  AND,  IF  THE  CITY  OR  COUNTY IMPOSES THE TAXES DESCRIBED IN
SUBDIVISION (A) OF THIS SECTION AT THE RATE OF THREE  PERCENT,  ALSO  AT
THE  ADDITIONAL  RATE  AUTHORIZED  IN  SUBDIVISION  (K) OF THIS SECTION.
PROVIDED, FURTHER, SUCH LOCAL LAW, ORDINANCE OR RESOLUTION OF SUCH  CITY
OR  COUNTY AUTHORIZING THE IMPOSITION OF SUCH TAXES SHALL NOT EXCEED TWO
YEARS IN DURATION AND MUST BE REAUTHORIZED PURSUANT TO LOCAL LAW,  ORDI-
NANCE  OR  RESOLUTION. ANY TAX IMPOSED PURSUANT TO THE AUTHORITY OF THIS
SECTION SHALL BE ADMINISTERED, COLLECTED AND DISTRIBUTED BY THE  COMMIS-
SIONER AS PROVIDED IN SUBPART B OF PART III AND IN PART IV OF THIS ARTI-
CLE.
  S 2. Paragraph 1 of subdivision (a) of section 1210 of the tax law, as
amended  by  section  3 of part GG of chapter 57 of the laws of 2010, is
amended to read as follows:
  (1) Either, all of  the  taxes  described  in  [article  twenty-eight]
SECTIONS  ELEVEN HUNDRED FIVE AND ELEVEN HUNDRED TEN of this chapter, at
the same uniform rate, as to which taxes all  provisions  of  the  local
laws,  ordinances or resolutions imposing such taxes shall be identical,
except as to rate and except as otherwise provided, with the correspond-
ing 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, 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. (i) Any local
law, ordinance or resolution enacted  by  any  city  of  less  than  one
million  or by any county or school district, imposing the taxes author-
ized 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  consumption directly and

S. 5758--A                         114

predominantly in the production  of  tangible  personal  property,  gas,
electricity,  refrigeration  or steam, for sale, by manufacturing, proc-
essing, 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 such city, county or school district elects otherwise, shall omit
the  provision  for credit or refund contained in clause six of subdivi-
sion (a) or subdivision (d) of section eleven hundred nineteen  of  this
chapter.  (ii)  Any  local  law,  ordinance or resolution enacted by any
city, county or school district, imposing the taxes authorized  by  this
subdivision,  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.
  S  3.  Subparagraph (iii) of paragraph 3 of subdivision (a) of section
1210 of the tax law is REPEALED and subparagraph (iv) of paragraph 3  of
subdivision  (a) of section 1210 of the tax law, as added by chapter 933
of the laws of 1985, is amended to read as follows:
  [(iv)] (III) Notwithstanding any other  provision  of  law,  [the  one
percent additional tax which] Cattaraugus county [is authorized to adopt
pursuant  to  the  opening  paragraph  of  this  section]  shall not [be
imposed] IMPOSE TAX on the retail sale or use of the energy sources  and
services  described  in  subparagraph  (i)  of  this paragraph AT A RATE
GREATER THAN THREE PERCENT.
  S 4. Subparagraph (iii) of paragraph 3 of subdivision (b)  of  section
1210 of the tax law is REPEALED.
  S  5.  Section 1210 of the tax law is amended by adding a new subdivi-
sion (k) to read as follows:
  (K) (1)  EACH  OF  THE  FOLLOWING  COUNTIES  THAT  IMPOSES  THE  TAXES
DESCRIBED  IN  SUBDIVISION  (A)  OF  THIS SECTION AT A RATE IN EXCESS OF
THREE PERCENT IS HEREBY FURTHER AUTHORIZED AND EMPOWERED  TO  ADOPT  AND
AMEND  LOCAL  LAWS,  ORDINANCES OR RESOLUTIONS IMPOSING SUCH TAXES UP TO
THE FOLLOWING ADDITIONAL RATE IN EXCESS OF THREE PERCENT, IN ONE-QUARTER
PERCENT INCREMENTS, FOR THE PERIOD BEGINNING DECEMBER FIRST,  TWO  THOU-
SAND  TEN;  PROVIDED HOWEVER, IF AT ANY TIME THIS SECTION AUTHORIZED FOR
THE COUNTIES LISTED IN THIS PARAGRAPH A RATE  IN  EXCESS  OF  THE  RATES
LISTED  IN  THIS  PARAGRAPH,  SUCH  COUNTY  SHALL HAVE THE SOLE RIGHT TO
IMPOSE SUCH HIGHER RATE:
  (I) ONE-QUARTER OF ONE PERCENT: NONE.
  (II) ONE-HALF OF ONE PERCENT: CHAUTAUQUA COUNTY, ONTARIO COUNTY.
  (III) THREE AND THREE-QUARTERS OF ONE PERCENT: DUTCHESS COUNTY,  ESSEX
COUNTY, JEFFERSON COUNTY, LEWIS COUNTY, ORANGE COUNTY.
  (IV)  ONE  PERCENT:  ALBANY COUNTY, BROOME COUNTY, CATTARAUGUS COUNTY,
CAYUGA COUNTY, CHEMUNG COUNTY, CHENANGO COUNTY, CLINTON COUNTY, COLUMBIA
COUNTY, CORTLAND COUNTY, DELAWARE COUNTY, FRANKLIN COUNTY, FULTON  COUN-
TY,  GENESEE  COUNTY,  GREENE COUNTY, LIVINGSTON COUNTY, MADISON COUNTY,
MONROE COUNTY, MONTGOMERY COUNTY, NIAGARA COUNTY, ONONDAGA COUNTY, ORLE-
ANS COUNTY, OSWEGO COUNTY,  OTSEGO  COUNTY,  PUTNAM  COUNTY,  RENSSELAER
COUNTY,  ROCKLAND COUNTY, SCHENECTADY COUNTY, SCHOHARIE COUNTY, SCHUYLER
COUNTY, SENECA COUNTY, STEUBEN COUNTY, SULLIVAN  COUNTY,  TIOGA  COUNTY,
TOMKINS COUNTY, ULSTER COUNTY, WAYNE COUNTY, WYOMING COUNTY, YATES COUN-
TY.

S. 5758--A                         115

  (V) ONE AND ONE-QUARTER PERCENT: HERKIMER COUNTY, NASSAU COUNTY.
  (VI) ONE AND ONE-HALF PERCENT: ALLEGANY COUNTY.
  (VII) ONE AND THREE-QUARTER PERCENT: ERIE COUNTY, ONEIDA COUNTY.
  (2)  EACH  OF THE FOLLOWING CITIES THAT IMPOSES THE TAXES DESCRIBED IN
SUBDIVISION (A) OF THIS SECTION AT A RATE IN EXCESS OF THREE PERCENT  IS
HEREBY  FURTHER  AUTHORIZED AND EMPOWERED TO ADOPT AND AMEND LOCAL LAWS,
ORDINANCES OR RESOLUTIONS IMPOSING SUCH TAXES, UP TO THE FOLLOWING ADDI-
TIONAL RATE IN EXCESS OF THREE PERCENT, IN  ONE-QUARTER  PERCENT  INCRE-
MENTS:
  (I) ONE-QUARTER OF ONE PERCENT: NONE.
  (II) ONE-HALF OF ONE PERCENT: NONE.
  (III) THREE-QUARTERS OF ONE PERCENT: NONE.
  (IV) ONE PERCENT:  CITY OF MOUNT VERNON, CITY OF NEW ROCHELLE, CITY OF
WHITE PLAINS, CITY OF YONKERS.
  (V) ONE AND ONE-QUARTER PERCENT: NONE.
  (VI) ONE AND ONE-HALF PERCENT: CITY OF NEW YORK.
  (VII) ONE AND THREE-QUARTER PERCENT: NONE.
  S 6. Section 1210-A of the tax law is amended by adding a new subdivi-
sion (e) to read as follows:
  (E)  NOTWITHSTANDING  ANY  CONTRARY  PROVISION  OF  THIS  ARTICLE, THE
ONE-QUARTER PERCENT RATE OF TAX AUTHORIZED BY  THIS  SECTION  SHALL  NOT
AFFECT  OR  BE AFFECTED BY THE RATE OF TAX THE COUNTY OF SUFFOLK IMPOSES
OR IS AUTHORIZED TO IMPOSE UNDER ANY OTHER PROVISION OF THIS ARTICLE.
  S 7. Section 1210-B of the tax law is amended by adding a new subdivi-
sion (d) to read as follows:
  (D) NOTWITHSTANDING  ANY  CONTRARY  PROVISION  OF  THIS  ARTICLE,  THE
ONE-QUARTER  PERCENT  RATE  OF  TAX AUTHORIZED BY THIS SECTION SHALL NOT
AFFECT OR BE AFFECTED BY THE RATE OF TAX THE COUNTY OF  SUFFOLK  IMPOSES
OR IS AUTHORIZED TO IMPOSE UNDER ANY OTHER PROVISION OF THIS ARTICLE.
  S 8. Section 1210-C of the tax law is amended by adding a new subdivi-
sion (e) to read as follows:
  (E)  NOTWITHSTANDING  ANY  CONTRARY  PROVISION  OF  THIS  ARTICLE, THE
ONE-HALF PERCENT RATE OF TAX AUTHORIZED BY THIS SECTION SHALL NOT AFFECT
OR BE AFFECTED BY THE RATE OF TAX THE COUNTY OF SCHENECTADY  IMPOSES  OR
IS AUTHORIZED TO IMPOSE UNDER ANY OTHER PROVISION OF THIS ARTICLE.
  S 9. Section 1210-D of the  tax law is REPEALED.
  S 10. Section 1210-E of the tax law is REPEALED.
  S  11.  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  OF  THIS
SUBPART,  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  pursuant  to  the authority of this section; provided, however,
where a city imposes a  tax  under  the  authority  of  both  [sections]
SECTION  twelve  hundred ten OF THIS SUBPART and [twelve hundred eleven]
THIS SECTION, the aggregate rate of the taxes imposed pursuant  to  both
sections cannot exceed three percent.
  S  12.   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:

S. 5758--A                         116

  (a)  Any  school  district which is coterminous with, partly within or
wholly within a city having a population of less than one hundred  twen-
ty-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 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 transi-
tional 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 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
chapter, 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. The taxes described in subdivision (b) of section
eleven hundred five OF THIS CHAPTER (but excluding the  tax  on  prepaid
telephone calling service) and clauses (E) and (H) of subdivision (a) of
section  eleven  hundred ten OF THIS CHAPTER, including the transitional
provision in subdivision (b) of [such] section  eleven  hundred  six  of
this  chapter,  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 (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 OF THIS CHAPTER unless such school district elects
to provide such provision or, if so elected, to repeal such provision.
  S 13. Subdivisions (a) and (b) of section 1223 of the tax law,  subdi-
vision (a) as amended by chapter 74 of the laws of 2010, subdivision (b)
as  separately  amended  by chapters 4, 8 and 9 of the laws of 2003, are
amended to read as follows:
  (a) (1) 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].
  (2) NO TRANSACTION TAXABLE 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, Rock-
land, Chenango, Monroe, Chemung, Seneca,  Sullivan,  Wayne,  Livingston,
Schenectady,  Montgomery,  Delaware,  Clinton,  Niagara,  Yates,  Lewis,

S. 5758--A                         117

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 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 withdraws from the metropol-
itan 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 in excess of three and
three-eighths percent] SHALL BE TAXED PURSUANT TO SUCH SECTIONS  BY  ANY
COUNTY  OR BY ANY CITY LOCATED THEREIN, OR BY BOTH, AT AN AGGREGATE RATE
IN EXCESS OF THREE PERCENT, OTHER THAN TAXES IMPOSED BY A COUNTY OR BY A
CITY AS PROVIDED, RESPECTIVELY, IN SUBDIVISION  (K)  OF  SECTION  TWELVE
HUNDRED TEN OF THIS ARTICLE.
  (b)  If a transaction is taxed by both a county and a city PURSUANT TO
THE AUTHORITY OF SECTION TWELVE HUNDRED TWO,  TWELVE  HUNDRED  THREE  OR
TWELVE  HUNDRED  FOUR  OF  THIS ARTICLE, OR PURSUANT TO THE AUTHORITY OF
SECTION TWELVE HUNDRED TEN OR TWELVE HUNDRED ELEVEN OF THIS ARTICLE, the
rate of tax on such transaction imposed  by  the  county  or  city,  not
having  prior  right  thereto pursuant to section twelve hundred twenty-
four OF THIS ARTICLE, shall be deemed to be reduced (or the  entire  tax
eliminated,  if  necessary)  to  the extent necessary to comply with the
[foregoing] requirement OF PARAGRAPH ONE OR TWO OF  SUBDIVISION  (A)  OF
THIS SECTION.
  (C) A tax imposed by a county upon any transaction, to the extent that
it  would require a reduction in any tax rate imposed thereon by a city,
shall not become effective in respect to any transaction taxed  by  such
city  (or  in  respect of other similar transactions outside of the city
which, if occurring in such city, would be subject  to  such  city  tax)
before  the  commencement  of the city's next succeeding fiscal year and
then only if the county shall have given notice  to  such  city  of  its
imposition of a tax on such transaction at least six months prior to the
commencement of such fiscal year, provided however that the local legis-
lative  body  of  such city may waive the requirement of such notice and
the postponement of the effective date of such tax. A city tax upon  any
transaction,  to the extent that it would require a reduction in any tax
rate imposed by a county thereon, shall not become effective in  respect
of  any  transaction taxed by such county before the commencement of the
county's next succeeding fiscal year and then only  if  the  city  shall
have  given  notice  to  such  county of its imposition of a tax on such
transaction at least six months prior to the commencement of such fiscal
year, provided, however, that the local legislative body of such  county
may  waive the requirement of such notice and postponement of the effec-
tive date of such tax. However, whether or not the  six  months'  notice
requirement  provided  in  this  section  has been waived, a tax imposed
pursuant to the authority  of  section  twelve  hundred  ten  or  twelve

S. 5758--A                         118

hundred  eleven  OF  THIS ARTICLE shall still be subject to the require-
ments provided for in the first three sentences of  subdivision  (d)  of
such sections and in subdivision (e) of such sections.
  S 14. Subdivisions (a), (b) and (c) of section 1224 of the tax law, as
amended  by  chapter 426 of the laws of 1968, paragraph 2 of subdivision
(a) and paragraph 2 of subdivision (b) as amended by chapter 506 of  the
laws of 1976, paragraph 1 of subdivision (b) as amended by section 40 of
part  Y  of  chapter  63  of  the  laws  of 2000, are amended to read as
follows:
  (a) Where a county contains one  or  more  cities  of  less  than  one
million, such county shall have prior right to impose:
  (1) any or all of the taxes described in subdivisions (c), (d) and (e)
of  section twelve hundred one OF THIS ARTICLE, as authorized by section
twelve hundred two OF THIS ARTICLE.
  (2) all of the taxes described in article twenty-eight OF THIS CHAPTER
as authorized by subdivision (a) of section twelve hundred ten  OF  THIS
ARTICLE,  to  the  extent of one-half the maximum rates authorized under
such subdivision, except as otherwise provided in this section.
  (b) Each city in such a county shall have prior right to impose:
  (1) any or all of the taxes described in subdivisions  (b),  (d),  (e)
and  (f)  of section eleven hundred five OF THIS CHAPTER, and, where the
tax described in subdivision (b) of section eleven hundred five OF  THIS
CHAPTER  is  imposed, all of the taxes described in clauses (E), (G) and
(H) of subdivision (a) of section eleven hundred ten of this chapter, as
authorized by subdivision (b) of section  twelve  hundred  ten  of  this
article.
  (2) all of the taxes described in article twenty-eight OF THIS CHAPTER
as  authorized  by subdivision (a) of section twelve hundred ten OF THIS
ARTICLE, or by section twelve hundred eleven OF  THIS  ARTICLE,  to  the
extent  of  one-half  the  maximum aggregate rates authorized under such
subdivision (a) and such section twelve hundred eleven, except as other-
wise provided in this section.
  (c) [However] EXCEPT AS OTHERWISE PROVIDED IN THIS  SECTION,  where  a
county  containing  a  city with a population of one hundred twenty-five
thousand or more imposes all of the taxes described in  article  twenty-
eight OF THIS CHAPTER as authorized by subdivision (a) of section twelve
hundred  ten  OF THIS ARTICLE (1) for county purposes and (2) for educa-
tional purposes or for allocation and distribution  to  cities  and  the
area outside cities, in accordance with section twelve hundred sixty-two
OF  THIS  ARTICLE,  the county shall have the prior right to impose such
taxes for county purposes at A RATE not  to  exceed  [one-third  of  the
maximum  rate authorized under subdivision (a) of section twelve hundred
ten] ONE PERCENT and prior right to impose such  taxes  for  educational
purposes or for such allocation and distribution, or both, at A RATE not
to  exceed [one-third of such maximum rate] ONE PERCENT.  In such event,
a city in the county shall have prior right to impose such  taxes  at  A
RATE not to exceed [one-third of such maximum rate] ONE PERCENT.  TO THE
EXTENT  THAT  SUCH  A  COUNTY IMPOSES TAX AT THE RATE OF FOUR PERCENT OR
LESS, AND SUBDIVISION (E) OF THIS SECTION DOES NOT EXTEND TO THAT COUNTY
THE SOLE RIGHT TO IMPOSE A RATE OF TAX IN EXCESS OF THREE  PERCENT,  THE
COUNTY  AND  ANY  CITY  IN  THAT COUNTY SHALL HAVE THE RESPECTIVE RIGHTS
PROVIDED IN PARAGRAPH TWO OF SUBDIVISION (A) OR IN  SUBDIVISION  (B)  OF
THIS SECTION WITH RESPECT TO THE RATE OF TAX IN EXCESS OF THREE PERCENT,
BUT NOT IN EXCESS OF FOUR PERCENT, NOT IMPOSED BY THAT COUNTY.
  S  15.  Subdivisions (d), (e), (f), (g), (h), (i), (j), (k), (l), (m),
(n), (o), (p), (q), (r), (t), (u), (v), (w), (x), (y), (z), (z-1), (aa),

S. 5758--A                         119

(bb), (cc), (dd), (ee), (ff) and (gg) of section 1224 of the tax law are
REPEALED.
  S 16. Section 1224 of the tax law is amended by adding four new subdi-
visions (d), (e), (f) and (g) to read as follows:
  (D)  FOR  PURPOSES  OF THIS SECTION, THE TERM "PRIOR RIGHT" SHALL MEAN
THE PREFERENTIAL RIGHT TO IMPOSE ANY TAX DESCRIBED  IN  SECTIONS  TWELVE
HUNDRED  TWO  AND TWELVE HUNDRED THREE, OR TWELVE HUNDRED TEN AND TWELVE
HUNDRED ELEVEN, OF THIS ARTICLE AND THEREBY TO PREEMPT SUCH TAX  AND  TO
PRECLUDE  ANOTHER  MUNICIPAL CORPORATION FROM IMPOSING OR CONTINUING THE
IMPOSITION OF SUCH TAX TO THE  EXTENT  THAT  SUCH  RIGHT  IS  EXERCISED.
HOWEVER, THE RIGHT OF PREEMPTION SHALL ONLY APPLY WITHIN THE TERRITORIAL
LIMITS OF THE TAXING JURISDICTION HAVING THE RIGHT OF PREEMPTION.
  (E)  EACH  OF  THE  FOLLOWING  COUNTIES AND CITIES SHALL HAVE THE SOLE
RIGHT TO IMPOSE THE FOLLOWING RATE OF SALES AND COMPENSATING  USE  TAXES
IN EXCESS OF THREE PERCENT, BUT NOT IN EXCESS OF FOUR PERCENT, THAT SUCH
COUNTY  OR  CITY  IS  AUTHORIZED  TO IMPOSE PURSUANT TO THE AUTHORITY OF
SECTION TWELVE HUNDRED TEN OF THIS ARTICLE. SUCH ADDITIONAL RATE OF  TAX
IN  EXCESS  OF THREE PERCENT SHALL NOT BE SUBJECT TO PREEMPTION. NOTHING
IN THIS SUBDIVISION SHALL PRECLUDE A COUNTY OR A  CITY  IN  THAT  COUNTY
FROM IMPOSING A RATE OF TAX PURSUANT TO THE AUTHORITY OF SUBDIVISION (A)
OR  (B) OF SECTION TWELVE HUNDRED TEN OF THIS ARTICLE IN EXCESS OF THREE
PERCENT TO THE EXTENT THAT THIS SUBDIVISION DOES NOT RESERVE A  RATE  IN
EXCESS  OF THREE PERCENT TO THE COUNTY OR CITY.  PROVIDED HOWEVER, IF AT
ANY TIME SECTION TWELVE HUNDRED TEN OF THIS ARTICLE AUTHORIZED  FOR  THE
COUNTIES LISTED IN PARAGRAPH ONE OF THIS SUBDIVISION A RATE IN EXCESS OF
THE RATES LISTED IN PARAGRAPH ONE OF THIS SUBDIVISION, SUCH COUNTY SHALL
HAVE THE SOLE RIGHT TO IMPOSE SUCH HIGHER RATE.
  (1) COUNTIES:
  (A) ONE-QUARTER OF ONE PERCENT - NONE.
  (B) ONE-HALF OF ONE PERCENT - CHAUTAUQUA, ONTARIO, SCHENECTADY.
  (C) THREE-QUARTERS OF ONE PERCENT - DUTCHESS, ESSEX, JEFFERSON, LEWIS,
ORANGE.
  (D)  ONE  PERCENT  -  ALBANY,  ALLEGANY, BROOME, CATTARAUGUS, CHEMUNG,
CHENANGO, CLINTON, COLUMBIA, DELAWARE, ERIE, FRANKLIN, GENESEE,  GREENE,
HERKIMER, LIVINGSTON, MONROE, MONTGOMERY, NASSAU, NIAGARA, ONEIDA, ONON-
DAGA,  ORLEANS, PUTNAM, RENSSELAER, ROCKLAND, SCHOHARIE, SCHUYLER, SENE-
CA, STEUBEN, SUFFOLK, SULLIVAN, TIOGA, TOMPKINS, ULSTER, WAYNE, WYOMING,
YATES.
  (2) CITIES:
  (A) ONE-QUARTER OF ONE PERCENT - NONE.
  (B) ONE-HALF OF ONE PERCENT - NONE.
  (C) THREE-QUARTERS OF ONE PERCENT - WHITE PLAINS.
  (D) ONE PERCENT - MOUNT VERNON, NEW ROCHELLE, YONKERS.
  (F) EACH OF THE FOLLOWING COUNTIES AND  CITIES  SHALL  HAVE  THE  SOLE
RIGHT  TO  IMPOSE THE FOLLOWING RATE OF SALES AND COMPENSATING USE TAXES
IN EXCESS OF FOUR PERCENT THAT SUCH COUNTY  OR  CITY  IS  AUTHORIZED  TO
IMPOSE  PURSUANT TO THE AUTHORITY OF SUBDIVISIONS (A) AND (K) OF SECTION
TWELVE HUNDRED TEN OF THIS ARTICLE.  SUCH  ADDITIONAL  RATE  OF  TAX  IN
EXCESS OF FOUR PERCENT SHALL NOT BE SUBJECT TO PREEMPTION.
  (1) COUNTIES:
  (A) ONE-QUARTER OF ONE PERCENT - HERKIMER, NASSAU.
  (B) ONE-HALF OF ONE PERCENT - ALLEGANY.
  (C) THREE-QUARTERS OF ONE PERCENT - ERIE, ONEIDA.
  (D) ONE PERCENT - NONE.
  (2) CITIES:
  (A) ONE-QUARTER OF ONE PERCENT - NONE.

S. 5758--A                         120

  (B) ONE-HALF OF ONE PERCENT - NONE.
  (C) THREE-QUARTERS OF ONE PERCENT - NONE.
  (D) ONE PERCENT - NONE.
  (G)  EACH  OF  THE FOLLOWING CITIES IS AUTHORIZED TO PREEMPT THE TAXES
IMPOSED PURSUANT TO THE AUTHORITY OF SUBDIVISION (A) OF  SECTION  TWELVE
HUNDRED TEN OF THIS ARTICLE BY THE COUNTY IN WHICH IT IS LOCATED, TO THE
EXTENT  OF  ONE-HALF THE MAXIMUM AGGREGATE RATE AUTHORIZED UNDER SECTION
TWELVE HUNDRED TEN OF THIS ARTICLE: AUBURN, IN CAYUGA COUNTY;  CORTLAND,
IN CORTLAND COUNTY; GLOVERSVILLE OR JOHNSTOWN, IN FULTON COUNTY; ONEIDA,
IN MADISON COUNTY; ONEONTA, IN OTSEGO COUNTY. AS OF THE DATE THIS SUBDI-
VISION  TAKES  EFFECT,  ANY SUCH PREEMPTION IN EFFECT ON SUCH DATE SHALL
CONTINUE IN FULL FORCE AND EFFECT UNTIL THE EFFECTIVE DATE  OF  A  LOCAL
LAW, ORDINANCE OR RESOLUTION ADOPTED OR AMENDED BY A CITY TO CHANGE SUCH
PREEMPTION.  ANY  PREEMPTION TO TAKE EFFECT UNDER THIS SUBDIVISION AFTER
THE DATE THIS SUBDIVISION TAKES EFFECT SHALL BE SUBJECT  TO  THE  NOTICE
REQUIREMENTS  IN SECTION TWELVE HUNDRED TWENTY-THREE OF THIS SUBPART AND
TO THE OTHER REQUIREMENTS OF THIS ARTICLE.
  S 17. Subdivisions (s) and (hh) of section 1224 of the tax law, subdi-
vision (s) as amended by chapter 117 of the laws of 2004, paragraph 2 of
subdivision (s) as amended by section 3-a of part M-1 of chapter 109  of
the  laws of 2006, subdivision (hh) as added by section 3 of part M-1 of
chapter 109 of the laws of 2006, are amended to read as follows:
  [(s)] (H) (1) Notwithstanding any other  provision  of  this  section,
each city in the county of Oswego shall have prior right to impose:
  (A) all of the taxes described in article twenty-eight of this chapter
as  authorized  by  subdivision  (a) of section twelve hundred ten or by
section twelve hundred eleven of this article, up to  the  maximum  rate
authorized by the opening paragraph of such section twelve hundred ten.
  (B)  any  or  all of the taxes described in subdivisions (b), (d), (e)
and (f) of section eleven hundred five of this chapter, and,  where  the
tax  described in such subdivision (b) of section eleven hundred five is
imposed, all of the taxes described in  clauses  (E),  (G)  and  (H)  of
subdivision  (a)  of  section  eleven  hundred  ten  of this chapter, as
authorized by subdivision (b) of section  twelve  hundred  ten  of  this
article.
  (2)  Notwithstanding any provision of this article, [during any period
that] TAX IMPOSED BY the county of Oswego [is authorized  to  impose  an
additional  rate of tax by] PURSUANT TO THE AUTHORITY OF SUBDIVISION (A)
OF section twelve hundred ten of this article[, such county  shall  have
the  sole  right to impose such additional rate, such additional rate of
tax shall be in addition to any other tax which such county  may  impose
or  may  be imposing pursuant to this article or any other law, and such
additional rate of tax] AT THE RATE OF FOUR PERCENT OR LESS shall not be
subject to [pre-emption and] PREEMPTION BUT shall apply only in the area
of the county outside the cities in  such  county,  provided  that  such
[additional]  rate of the county shall apply in a city in such county to
the extent the city does not impose tax pursuant  to  the  authority  of
section twelve hundred ten of this article [at a rate greater than three
percent].
  [(hh)] (I) Notwithstanding the foregoing provisions of this section or
other law to the contrary:
  (1)  If a county, other than a county to which subdivision (c) of this
section applies and other than Oswego county, and a city in  the  county
each  impose  sales and compensating use taxes pursuant to the authority
of subpart B of part one of this article, and

S. 5758--A                         121

  (A) neither elects  to  tax  motor  fuel  and  diesel  motor  fuel  as
described  in  subdivision  (m) of section eleven hundred eleven of this
chapter, the provisions of paragraph two of subdivisions (a) and (b)  of
this  section,  EXCEPT AS OTHERWISE PROVIDED IN SUBDIVISIONS (E) THROUGH
(G) OF THIS SECTION, shall apply to their rates of tax on motor fuel and
diesel motor fuel in such city; or
  (B) both elect to tax motor fuel and diesel motor fuel as described in
subdivision  (m)  of section eleven hundred eleven of this chapter, each
shall have the prior right to the taxes on such fuels  as  described  in
subdivision (m) of section eleven hundred eleven of this chapter, to the
extent  of one-half the maximum rate authorized for such county or city,
without regard to whether they have  chosen  the  two  dollar  or  three
dollar base on which such taxes may be imposed; or
  (C) only one of them elects to tax motor fuel and diesel motor fuel as
described  in  subdivision  (m) of section eleven hundred eleven of this
chapter, the one that did not make such election shall  have  the  prior
right  to  impose  taxes  on  such fuels described in subdivision (m) of
section eleven hundred eleven of this chapter, to the extent of one-half
the maximum rate, and the one that did make such election shall have the
prior right to impose taxes on such fuels described in  subdivision  (m)
of  section eleven hundred eleven of this chapter, to the extent of one-
half the maximum rate authorized for such locality but  with  regard  to
whether it chose the two dollar or three dollar base on which such taxes
may be imposed.
  (2) If a county to which subdivision (c) of this section applies and a
city  in such county each impose sales and compensating use taxes pursu-
ant to the authority of subpart B of part one of this article, and
  (A) neither elects  to  tax  motor  fuel  and  diesel  motor  fuel  as
described  in  subdivision  (m) of section eleven hundred eleven of this
chapter, the provisions of subdivision (c) of this section  shall  apply
to  their rates of tax on motor fuel and diesel motor fuel in such city;
or
  (B) both elect to tax motor fuel and diesel motor fuel as described in
subdivision (m) of section eleven hundred eleven of  this  chapter,  the
county  shall  have  the  prior  right  to impose taxes on such fuels as
described in subdivision (m) of section eleven hundred  eleven  of  this
chapter,  to the extent of two-thirds, and the city shall have the prior
right to impose taxes on such fuels as described in subdivision  (m)  of
section  eleven  hundred  eleven  of this chapter, to the extent of one-
third, of the maximum rate authorized for such county and city,  without
regard  to  whether they have chosen the two dollar or three dollar base
on which such taxes may be imposed; or
  (C) only one of them elects to tax motor fuel and diesel motor fuel as
described in subdivision (m) of section eleven hundred  eleven  of  this
chapter,  if  the  county  did not make such election, it shall have the
prior right to impose taxes on such fuels described in  subdivision  (m)
of  section eleven hundred eleven of this chapter, to the extent of two-
thirds the maximum rate authorized, and the city shall  have  the  prior
right  to  impose  taxes  on  such fuels described in subdivision (m) of
section eleven hundred eleven of this chapter, to  the  extent  of  one-
third  the  maximum  rate  authorized  for  such city but with regard to
whether it chose the two dollar or three dollar base on which  such  tax
may  be  imposed;  and,  if the city did not make the election, it shall
have the prior right to impose taxes on such fuels described in subdivi-
sion (m) of section eleven hundred eleven of this chapter, to the extent
of one-third the maximum rate authorized, and the county shall have  the

S. 5758--A                         122

prior  right  to impose taxes on such fuels described in subdivision (m)
of section eleven hundred eleven of this chapter, to the extent of  two-
thirds  the  maximum  rate authorized for such county but with regard to
whether it chose the two dollar or three dollar base on which such taxes
may be imposed.
  (3)  In Oswego county, references in subparagraph (A) of paragraph one
of subdivision [(s)] (H) of this section to tax imposed  by  a  city  in
such  county  at  the  maximum rate authorized or in subparagraph (B) of
PARAGRAPH ONE OF subdivision [(s)] (H) of  this  section  to  the  taxes
described  in  subdivision  (b)  of  section eleven hundred five of this
chapter shall include tax imposed by the city pursuant to  any  election
it  makes under subdivision (m) of section eleven hundred eleven of this
chapter, regardless of whether such city chooses the two dollar or three
dollar base on which such tax may be imposed.
  (4) Nothing in this subdivision or in subdivision (m) of section elev-
en hundred eleven of this chapter  shall  be  construed  to  affect  the
authority  of  a  county  or city to impose an additional rate of tax IN
EXCESS OF THREE PERCENT pursuant to this article, provided  that,  if  a
county  or  city  makes  the  election  described  in subdivision (m) of
section eleven hundred eleven of this chapter, such election shall apply
uniformly to any tax it imposes pursuant to the authority of  subpart  B
of  part  one of this article, including any SUCH additional rate of tax
it is authorized to impose.
  (5) For purposes of this section, the terms "maximum rate  authorized"
and  "maximum  rate" shall each have the same meaning as in subdivisions
(a)[, (b)] and [(c)] (B) of this section.
  S 18. Paragraph 2 of subdivision (c) of section 1261 of the  tax  law,
as  amended by section 9 of part SS-1 of chapter 57 of the laws of 2008,
is amended to read as follows:
  (2) However, the taxes, penalties and interest from  the  [additional]
one percent rate IN EXCESS OF THREE PERCENT which the city of Yonkers is
authorized  to  impose  pursuant  to  section twelve hundred ten of this
article, after the comptroller has reserved such refund  fund  and  such
cost  shall  be  paid to the special sales and compensating use tax fund
for the city of Yonkers established by section ninety-two-f of the state
finance law at the times set forth in [the preceding sentence] PARAGRAPH
ONE OF THIS SUBDIVISION.
  S 19. Subdivisions (a) and (b) of  section  1262-a  of  the  tax  law,
subdivision  (a)  as amended and subdivision (b) as added by chapter 617
of the laws of 1992, are amended to read as follows:
  (a) In the event that the county of Tompkins and the  city  of  Ithaca
both  impose  the  same  taxes  described in section twelve hundred two,
twelve hundred three or twelve hundred ten of  this  [chapter]  ARTICLE,
the  county  shall have power to impose or continue to impose such taxes
on the area of the county outside such  city  up  to  the  maximum  rate
authorized  therefor.  In  such event, notwithstanding the provisions of
[the preceding] section TWELVE  HUNDRED  SIXTY-TWO  OF  THIS  PART,  the
portion  of  the net collections received by the county by reason of its
additional rate on such area (CONSIDERED WITHOUT REGARD TO  THE  PORTION
OF ANY COUNTY RATE IN EXCESS OF THREE PERCENT), shall be allocated quar-
terly  to the towns in such area in proportion to their respective popu-
lations, and allocated between the towns and villages,  if  any  village
elects  to  take  its  share  in cash, in proportion to their respective
populations, determined in accordance with the latest decennial  federal
census  or special population census taken pursuant to section twenty of

S. 5758--A                         123

the general municipal law completed and published prior to  the  end  of
the quarter for which the allocation is made.
  (b) Notwithstanding any other provision of law to the contrary, if the
county  of Tompkins imposes [the additional one-half or one percent rate
of] tax pursuant to the [provisions] AUTHORITY  of  SUBDIVISION  (A)  OF
section  twelve hundred ten of this article AT A RATE IN EXCESS OF THREE
PERCENT, the [net collections received by the] county  [of  Tompkins  on
account  of  such additional rate during the first six months such addi-
tional rate is in effect] shall [be retained by the county  of  Tompkins
to be used for any county purpose. Thereafter,] RETAIN seventy-five [per
centum]  PERCENT  of  net  collections attributable to such [additional]
rate [shall be retained by the county of Tompkins] IN  EXCESS  OF  THREE
PERCENT,  to  be  used  for  any  county purpose, and SHALL ALLOCATE the
remaining twenty-five [per centum] PERCENT  of  [such]  net  collections
[shall  be  allocated] FROM SUCH RATE IN EXCESS OF THREE PERCENT BETWEEN
THE CITY OF ITHACA AND THE AREA OF  THE  COUNTY  OUTSIDE  SUCH  CITY  as
follows:
  (1) Where the city of Ithaca imposes [a] tax pursuant to the authority
of  subdivision  (a) of section [one thousand two] TWELVE hundred ten of
this article, [that portion received by] the county [on account  of  the
additional tax imposed by the county] SHALL ALLOCATE THE PORTION OF SUCH
NET COLLECTIONS ON ACCOUNT OF ITS RATE OF TAX IN EXCESS OF THREE PERCENT
within  the city of Ithaca [shall be allocated] to the city of Ithaca to
be used for any city purpose. Where the city of Ithaca does  not  impose
[a]  tax  pursuant  to  the authority of such subdivision (a) of section
[one thousand two] TWELVE hundred ten the amount required  to  be  allo-
cated to such city, to be used for any city purpose, shall be determined
in  proportion  to such city's population determined as a portion of the
county's total population as determined in accordance  with  the  latest
decennial  federal census or special population census taken pursuant to
section twenty of the general  municipal  law  completed  and  published
prior to the end of the quarter for which the allocation is made.
  (2)  The balance of such twenty-five [per centum] PERCENT OF THE COUN-
TY'S NET COLLECTIONS FROM ITS TAX IMPOSED AT A RATE IN EXCESS  OF  THREE
PERCENT,  after  deduction of the amount allocated to the city of Ithaca
pursuant to paragraph one of this subdivision, shall be allocated to the
towns of such county, and between towns and  villages,  if  any  village
elects to take its share in cash, in the manner described in subdivision
(a)  of  this section with respect to the area of the county outside the
city of Ithaca.
  S 20. Section 1262-e of the tax law, as amended by chapter 286 of  the
laws of 2009, is amended to read as follows:
  S  1262-e.  [Establishment]  NASSAU  COUNTY  -  ESTABLISHMENT of local
government assistance programs [in Nassau county]. 1. Towns and  cities.
Notwithstanding  any  other  provision of law to the contrary, for [the]
calendar [year] YEARS beginning [on]  January  first,  nineteen  hundred
ninety-eight  and  continuing  [through  the  calendar year beginning on
January first, two thousand eleven] ANNUALLY THEREAFTER, the  county  of
Nassau  shall  enact and establish a local government assistance program
for the towns and cities within such county to  assist  such  towns  and
cities  to  minimize real property taxes; defray the cost and expense of
the treatment, collection, management, disposal, and  transportation  of
municipal  solid waste, and to comply with the provisions of chapter two
hundred ninety-nine of the laws of nineteen  hundred  eighty-three;  and
defray  the  cost  of maintaining conservation and environmental control
programs. Such special assistance program for the towns and cities with-

S. 5758--A                         124

in such county and the funding for such program shall  equal  [one-third
of]  the  revenues  received  by such county from the imposition of [the
three-quarters percent] ITS sales  and  COMPENSATING  use  [tax  during]
TAXES  IMPOSED  AT  THE  RATE OF ONE-QUARTER OF ONE PERCENT IN EXCESS OF
THREE PERCENT EACH calendar [years two thousand one, two  thousand  two,
two  thousand  three, two thousand four, two thousand five, two thousand
six, two thousand seven, two thousand  eight,  two  thousand  nine,  two
thousand  ten,  and  two thousand eleven additional to the regular three
percent rate authorized for such county in section twelve hundred ten of
this article] YEAR.  The monies for such special local assistance  shall
be  paid  and  distributed to the towns and cities on a per capita basis
using the population figures in the  latest  decennial  federal  census.
Provided  further,  that  notwithstanding any other law to the contrary,
the establishment of such special assistance program shall preclude  any
city  or  town  within such county from preempting or claiming under any
other section of this [chapter] ARTICLE the revenues  derived  from  the
[additional] COUNTY'S FIRST THREE-QUARTERS OF ONE PERCENT RATE OF tax IN
EXCESS OF THREE PERCENT authorized by section twelve hundred ten of this
article.  Provided  further,  that any such town or towns may, by resol-
ution of the town board, apportion all or a part of monies  received  in
such  special  assistance  program to an improvement district or special
district account within such town or towns in order  to  accomplish  the
purposes of this special assistance program.
  2. Villages. Notwithstanding any other provision of law to the contra-
ry,  for [the] calendar [year] YEARS beginning [on] January first, nine-
teen hundred ninety-eight and  continuing  [through  the  calendar  year
beginning  on  January  first, two thousand eleven] ANNUALLY THEREAFTER,
the county of Nassau, by local law, is hereby  empowered  to  enact  and
establish  a local government assistance program for the villages within
such county to assist such villages to  minimize  real  property  taxes;
defray  the  cost  and expense of the treatment, collection, management,
disposal, and transportation of municipal solid waste;  and  defray  the
cost of maintaining conservation and environmental control programs. The
funding  of  such  local assistance program for the villages within such
county may be provided by Nassau county  during  any  calendar  year  in
which  such  village local assistance program is in effect and shall not
exceed one-sixth of the revenues [received]  THE  COUNTY  RECEIVES  from
[the  imposition of the three-quarters percent] ITS sales and COMPENSAT-
ING use [tax that are remaining after the towns and cities have received
their funding pursuant to the provisions  of  subdivision  one  of  this
section]  TAXES IMPOSED AT THE RATE OF ONE-HALF OF ONE PERCENT IN EXCESS
OF THREE PERCENT.  The funding for such village local assistance program
shall be paid and distributed to the villages  on  a  per  capita  basis
using  the  population  figures  in the latest decennial federal census.
Provided further, that the establishment of such village  local  assist-
ance  program  shall  preclude  any  village  within  such  county  from
[preempting or] claiming under any other section of this [chapter] ARTI-
CLE  the  revenues  derived  from  the   [additional]   COUNTY'S   FIRST
THREE-QUARTERS  OF  ONE  PERCENT  RATE OF tax IN EXCESS OF THREE PERCENT
authorized by section twelve hundred ten of this article.
  S 21. Section 1262-g of the tax law, as amended by chapter 168 of  the
laws of 2009, is amended to read as follows:
  S  1262-g. [Allocation] ONEIDA COUNTY - ALLOCATION and distribution of
net collections from the [additional] one  percent  rate  of  sales  and
compensating  use  taxes  in  [Oneida  county]  EXCESS OF THREE PERCENT.
Notwithstanding any contrary provision of law, if the county  of  Oneida

S. 5758--A                         125

imposes  sales and compensating use taxes at a rate which is one percent
[additional to] IN EXCESS OF the three percent rate,  AS  authorized  by
section  twelve  hundred  ten  of  this  article[, as authorized by such
section],  (a)  where  a city in such county imposes tax pursuant to the
authority of subdivision (a) of such section twelve  hundred  ten,  such
county shall allocate, distribute and pay in cash quarterly to such city
one-half  of  the  net collections attributable to such [additional] one
percent rate of the county's taxes collected in such city's  boundaries;
(b)  where  a  city  in  such county does not impose tax pursuant to the
authority of such subdivision (a) of such section  twelve  hundred  ten,
such county shall allocate, distribute and pay in cash quarterly to such
city  not  so  imposing  tax  a  portion of the COUNTY'S net collections
attributable to one-half of [the county's additional] SUCH  one  percent
rate of tax calculated on the basis of the ratio which such city's popu-
lation  bears  to  the  county's  total  population, such populations as
determined in accordance with the latest  decennial  federal  census  or
special population census taken pursuant to section twenty of the gener-
al municipal law completed and published prior to the end of the quarter
for  which the allocation is made, which special census must include the
entire area of the county; and (c) provided,  however,  [(1)  that  such
county  shall  dedicate  the  first five hundred thousand dollars of net
collections attributable to such additional  one  percent  rate  of  tax
received by such county after the county receives in the aggregate eigh-
teen  million five hundred thousand dollars of net collections from such
additional one percent rate of tax  imposed  for  the  period  September
first,  nineteen  hundred ninety-two, through August thirty-first, nine-
teen hundred ninety-three, and the first one million five hundred  thou-
sand  dollars  of  such net collections after the county receives in the
aggregate eighteen million five hundred thousand  dollars  of  such  net
collections  for  the  period  September first, nineteen hundred ninety-
three, through August thirty-first, nineteen hundred ninety-four, to  an
allocation  on  a  per  capita  basis, utilizing figures from the latest
decennial federal census or special population census taken pursuant  to
section  twenty  of  the  general municipal law, completed and published
prior to the end of the year for which such allocation  is  made,  which
special  census must include the entire area of such county, to be allo-
cated and distributed among the towns and cities  of  Oneida  county  by
appropriation  of  its  board  of legislators; and (2)] that such county
shall dedicate the first one million five hundred  thousand  dollars  of
net  collections  attributable  to such [additional] one percent rate of
tax received by such county after the county receives in  the  aggregate
eighteen  million  five hundred thousand dollars of net collections from
such [additional] one percent rate of tax imposed for any [of the  peri-
ods: September first, nineteen hundred ninety-four, through August thir-
ty-first,   nineteen  hundred  ninety-five;  September  first,  nineteen
hundred ninety-five through August thirty-first, nineteen hundred  nine-
ty-six;  September  first,  nineteen  hundred ninety-six, through August
thirty-first, nineteen hundred ninety-seven; September  first,  nineteen
hundred ninety-seven through August thirty-first, nineteen hundred nine-
ty-eight;  September first, nineteen hundred ninety-eight through August
thirty-first, nineteen hundred ninety-nine;  September  first,  nineteen
hundred ninety-nine through August thirty-first, two thousand; September
first,  two  thousand  through  August  thirty-first,  two thousand one;
September first, two thousand one through August thirty-first, two thou-
sand two; September first, two thousand two through August thirty-first,
two thousand three; September first, two thousand three  through  August

S. 5758--A                         126

thirty-first,  two  thousand  four;  September  first, two thousand four
through August thirty-first, two thousand  five,  September  first,  two
thousand  five  through August thirty-first, two thousand six; September
first, two thousand six through August thirty-first, two thousand seven,
September  first,  two  thousand  seven through August thirty-first, two
thousand eight; September first, two thousand eight through August thir-
ty-first, two thousand nine; September first, two thousand nine  through
August thirty-first, two thousand ten; and September first, two thousand
ten through August thirty-first, two thousand eleven] TWELVE MONTH PERI-
OD   COMMENCING   SEPTEMBER   FIRST  AND  ENDING  THE  FOLLOWING  AUGUST
THIRTY-FIRST, to an allocation on a per capita basis, utilizing  figures
from  the  latest  decennial federal census or special population census
taken pursuant to section twenty of the general municipal law, completed
and published prior to the end of the year for which such allocation  is
made,  which special census must include the entire area of such county,
to be allocated and distributed among the  towns  of  Oneida  county  by
appropriation of its board of legislators; provided, further, that noth-
ing  herein  shall  require  such  board of legislators to make any such
appropriation until it has been notified  by  any  town  by  appropriate
resolution  and,  in  any case where there is a village wholly or partly
located within a town, a resolution of every such village, embodying the
agreement of such town and village or villages upon the amount  of  such
appropriation  to  be distributed to such village or villages out of the
allocation to the town or towns in which it is located.
  S 22. Section 1262-h of the tax law, as amended by chapter 284 of  the
laws of 2009, is amended to read as follows:
  S 1262-h. [Allocation] STEUBEN COUNTY - ALLOCATION and distribution of
net  collections  from  the  [additional]  one percent rate of sales and
compensating use taxes in [Steuben  county]  EXCESS  OF  THREE  PERCENT.
Notwithstanding  any  provision  of  law  to  the  contrary,  of the net
collections received by the county of Steuben as a result of the imposi-
tion of the [additional] one percent rate of  tax  IN  EXCESS  OF  THREE
PERCENT  authorized  by  section twelve hundred ten of this article [(a)
during the period beginning December  first,  nineteen  hundred  ninety-
three  and  ending November thirtieth, nineteen hundred ninety-four, the
county of Steuben shall pay or cause to be paid to the city  of  Hornell
the  sum of two hundred thousand dollars, to the city of Corning the sum
of three hundred thousand dollars, and the sum of five hundred  thousand
dollars to the towns and villages of the county of Steuben, on the basis
of  the  ratio which the full valuation of real property in each town or
village bears to the aggregate full valuation of real property in all of
the towns and villages in such area. Of the net collections received  by
the  county  of Steuben as a result of the imposition of said additional
one percent rate of tax authorized by section twelve hundred ten of this
article during the period beginning  December  first,  nineteen  hundred
ninety-four and ending November thirtieth, nineteen hundred ninety-five,
the  county  of  Steuben  shall  pay  or cause to be paid to the city of
Hornell the sum of three hundred thousand dollars, to the city of  Corn-
ing the sum of four hundred fifty thousand dollars, and the sum of seven
hundred  fifty  thousand dollars to the towns and villages of the county
of Steuben, on the basis of the ratio which the full valuation  of  real
property  in  each town or village bears to the aggregate full valuation
of real property in all of the towns and villages in such area; and  (b)
during the period beginning December first, nineteen hundred ninety-five
and ending November thirtieth, two thousand seven, the county of Steuben
shall annually pay or cause to be paid to the city of Hornell the sum of

S. 5758--A                         127

five  hundred  fifty thousand dollars, to the city of Corning the sum of
six hundred thousand dollars, and the sum of seven hundred  fifty  thou-
sand  dollars to the towns and villages of the county of Steuben, on the
basis  of  the  ratio  which the full valuation of real property in each
town or village bears to the aggregate full valuation of  real  property
in  all  of  the  towns and villages in such area; and during the period
beginning December first, two thousand seven and ending November thirti-
eth, two thousand nine, the county of  Steuben  shall  annually  pay  or
cause to be paid to the city of Hornell the sum of six hundred ten thou-
sand  dollars, to the city of Corning the sum of six hundred fifty thou-
sand dollars, and the sum of seven hundred fifty thousand dollars to the
towns and villages of the county of Steuben, on the basis of  the  ratio
which  the full valuation of real property in each town or village bears
to the aggregate full valuation of real property in all of the towns and
villages in such area; and] during the period beginning December  first,
two  thousand  [nine] ELEVEN and ending November thirtieth, two thousand
[eleven] TWELVE, AND CONTINUING FOR SUCH TWELVE-MONTH PERIODS  THEREAFT-
ER,  the county of Steuben shall annually pay or cause to be paid to the
city of Hornell the sum of seven hundred ten thousand  dollars,  to  the
city  of  Corning the sum of seven hundred ten thousand dollars, and the
sum of seven hundred fifty thousand dollars to the towns and villages of
the county of Steuben, on the basis of the ratio which  the  full  valu-
ation  of  real  property in each town or village bears to the aggregate
full valuation of real property in all of the towns and villages in such
area.
  S 23. Section 1262-i of the tax law, as amended by chapter 420 of  the
laws of 2003, is amended to read as follows:
  S  1262-i.  [Allocation]  TIOGA COUNTY - ALLOCATION of net collections
from the [additional] one percent rate of  sales  and  compensating  use
taxes in [the county of Tioga] EXCESS OF THREE PERCENT.  Notwithstanding
any  contrary provision of law, one-half of the net collections received
by the county of Tioga from the one percent RATE OF sales and compensat-
ing use taxes in [addition to the] EXCESS OF three percent  [rate,  each
as] authorized by section twelve hundred ten of this article[,] shall be
deposited  in  the  general  fund  of  such  county and one-half of such
collections shall be deposited by the  county  of  Tioga  in  a  capital
reserves fund. Disbursements from such capital reserves fund shall sole-
ly  be  made for the purposes of capital projects and repaying any debts
incurred for such capital projects in the county of Tioga.
  S 24. Section 1262-j of the tax law, as amended by chapter 180 of  the
laws  of  1995,  subdivision (b) as amended by chapter 27 of the laws of
2001, subdivision (c) as amended by chapter 283 of the laws of 2009,  is
amended to read as follows:
  S 1262-j. [Allocation] SUFFOLK COUNTY - ALLOCATION and distribution of
net  collections  from  the  [additional]  ONE PERCENT RATE OF sales and
compensating use taxes in [Suffolk county] EXCESS OF THREE PERCENT. [(a)
Notwithstanding any provision  of  law  to  the  contrary,  of  the  net
collections received by the county of Suffolk as a result of the imposi-
tion  of  up  to  the  additional  one percent rate of tax authorized by
section twelve hundred ten of this chapter during the  period  beginning
January  first, nineteen hundred ninety-four and ending December thirty-
first, nineteen hundred ninety-five, the county of Suffolk  shall  allo-
cate  such net collections as follows: one-eighth of the net collections
received shall be dedicated for public safety purposes;  an  appropriate
amount  shall  be used to bring the maximum funds dedicated to the sewer
stabilization fund to twelve million five hundred thousand dollars annu-

S. 5758--A                         128

ally; and, the balance shall be deposited in the  general  fund  of  the
county of Suffolk.
  (b)  Notwithstanding  any provision of law to the contrary, of the net
collections received by the  county  of  Suffolk  as  a  result  of  the
increase  of  three-quarters  of  one  percent  to the tax authorized by
section twelve hundred ten of this  article  for  the  period  beginning
January  first, nineteen hundred ninety-six and ending May thirty-first,
two thousand one, imposed by local laws or resolutions (by simple major-
ity) by the county legislature, and signed by the county executive,  the
county  of  Suffolk  shall  allocate such net collections as follows: an
amount equal to no less than one-eighth and no more than one-quarter  of
net  collections  which  would be received from the imposition of a full
one percent rate increase, shall be dedicated for public safety purposes
and the balance shall be deposited in the general fund of the county  of
Suffolk.
  (c)] Notwithstanding any provision of law to the contrary, [of the net
collections  received  by]  IF the county of Suffolk [as a result of the
increase] IMPOSES SALES AND COMPENSATING USE TAXES AT THE  RATE  of  one
percent  [to  the  tax]  IN  EXCESS  OF  THREE PERCENT, AS authorized by
section twelve hundred ten of this article  [for  the  period  beginning
June first, two thousand one and ending November thirtieth, two thousand
eleven],  imposed  by  local laws or resolutions (by simple majority) by
the county legislature, and signed by the county executive,  the  county
of  Suffolk  shall allocate [such] net collections FROM SUCH ONE PERCENT
RATE IN EXCESS OF THREE PERCENT as follows: no less than one-eighth  and
no  more  than  three-eighths  of such net collections received shall be
dedicated for public safety purposes and the balance shall be  deposited
in the general fund of the county of Suffolk.
  S  25.  Subdivision  (d) of section 1262-k of the tax law, as added by
chapter 117 of the laws of 2004, is amended to read as follows:
  (d) Subdivisions (a) and (b) of this section  shall  apply  only  with
respect  to  taxes  imposed at a rate not to exceed three percent by the
county of Oswego and by any city in such county and  without  regard  to
any [additional] rate of tax IN EXCESS OF THREE PERCENT that such county
or any such city may be authorized to or does impose.
  S  26. Section 1262-l of the tax law, as amended by chapter 155 of the
laws of 2009, is amended to read as follows:
  S 1262-l. [Allocation] ROCKLAND COUNTY - ALLOCATION  and  distribution
of  net  collections from the [additional] ONE PERCENT rate of sales and
compensating use tax in [Rockland county] EXCESS OF THREE PERCENT.  [1.]
Notwithstanding  any  provision of law to the contrary, if the county of
Rockland imposes the [additional five-eighths of] one  percent  rate  of
tax  IN EXCESS OF THREE PERCENT authorized by section twelve hundred ten
of this article [during the period beginning March]  EFFECTIVE  DECEMBER
first,  two  thousand [two, and ending November thirtieth, two thousand]
eleven AND THEREAFTER, such county shall allocate and distribute [twenty
percent] (1) ONE-EIGHTH of the net collections  from  such  [additional]
ONE  PERCENT  rate to the towns and villages in the county in accordance
with subdivision (c) of section twelve hundred sixty-two of this part on
the basis of the ratio which the population of each such town or village
bears to such county's total population; and
  [2. Notwithstanding any provision of law to the contrary, if the coun-
ty of Rockland imposes the additional three-eighths of one percent  rate
of  tax  authorized by section twelve hundred ten of this article during
the period beginning March first, two thousand seven, and ending  Novem-
ber  thirtieth,  two  thousand  eleven,  such  county shall allocate and

S. 5758--A                         129

distribute sixteen and two-thirds percent] (2)  ONE-EIGHTH  of  the  net
collections from such [additional] ONE PERCENT rate to the general funds
of  towns  and villages within the county of Rockland with existing town
and  village  police  departments  [from March first, two thousand seven
through December thirty-first, two thousand seven and  thirty-three  and
one-third  percent of the net collections from such additional rate from
January first, two thousand eight through November thirtieth, two  thou-
sand  eleven.  The  monies  allocated  and  distributed pursuant to this
subdivision shall be allocated and distributed  to  towns  and  villages
with  police departments] on the basis of the number of full-time equiv-
alent police officers employed by each police department and  shall  not
be used for salaries heretofore or hereafter negotiated.
  S  27.  Section  1262-l of the tax law, as added by chapter 207 of the
laws of 2002, is amended by adding a new  subdivision  (c)  to  read  as
follows:
  (C) THIS SECTION SHALL APPLY TO TAXES IMPOSED IN WARREN COUNTY ONLY AT
THE RATE OF THREE PERCENT OR LESS.
  S  28. Section 1262-m of the tax law, as amended by chapter 371 of the
laws of 2003, is amended to read as follows:
  S 1262-m. [Allocation] CHENANGO COUNTY - ALLOCATION of net collections
from the [additional] one percent rate of  sales  and  compensating  use
taxes in [the county of Chenango] EXCESS OF THREE PERCENT. Notwithstand-
ing  any  contrary provision of law, all net collections received by the
county of Chenango from the one percent RATE OF sales  and  compensating
use  taxes  in [addition to] EXCESS OF the three percent rate[, each as]
authorized by section twelve hundred ten of  this  article[,]  shall  be
used,  in the first instance, to pay the cost of constructing and repay-
ing any debts incurred in the construction of the Chenango county public
safety building project,  and  any  operational  costs  related  to  the
Chenango county public safety building. Any and all revenue derived from
such  [additional]  one  percent RATE OF tax IN EXCESS OF THREE PERCENT,
after the construction and debt financing costs of the  Chenango  county
public  safety building project annex, and any operational costs related
to the Chenango county public safety building are paid, shall be  depos-
ited by the county of Chenango in a capital reserves fund. Disbursements
from such capital reserves fund shall solely be made for the purposes of
capital  projects  and  repaying  any  debts  incurred  for such capital
projects in the county of Chenango.
  S 29. Section 1262-n of the tax law, as amended by chapter 149 of  the
laws of 2009, is amended to read as follows:
  S   1262-n.   [Disposition]   NIAGARA  COUNTY  -  DISPOSITION  of  net
collections from the [additional] one percent rate of sales and  compen-
sating  use  taxes  in  [the county of Niagara] EXCESS OF THREE PERCENT.
Notwithstanding any contrary provision of law, if the county of  Niagara
imposes  the [additional] one percent rate of sales and compensating use
taxes IN EXCESS OF THREE PERCENT authorized by  section  twelve  hundred
ten  of  this article for [all or] any [portion of the] period beginning
[March] ON OR AFTER DECEMBER  first,  two  thousand  [three  and  ending
November  thirtieth,  two thousand] eleven, the county shall use all net
collections from such [additional] one percent rate IN EXCESS  OF  THREE
PERCENT  to  pay  the county's expenses for Medicaid[. The] AND SUCH net
collections [from the additional one percent rate  imposed  pursuant  to
this section] shall be deposited in a special fund to be created by such
county separate and apart from any other funds and accounts of the coun-
ty.  Any  and  all  remaining net collections from such [additional] one
percent tax IN EXCESS OF THREE PERCENT, after the Medicaid expenses  are

S. 5758--A                         130

paid, shall be deposited by the county of Niagara in the general fund of
such county for any county purpose.
  S 30. Section 1262-o of the tax law is REPEALED.
  S  31. Section 1262-p of the tax law, as amended by chapter 136 of the
laws of 2009, is amended to read as follows:
  S  1262-p.  [Disposition]  LIVINGSTON  COUNTY  -  DISPOSITION  of  net
collections  from the [additional] one percent rate of sales and compen-
sating use taxes in [the county of Livingston] EXCESS OF THREE  PERCENT.
Notwithstanding  any contrary provision of law, if the county of Living-
ston imposes the [additional] one percent rate of sales and compensating
use taxes IN EXCESS  OF  THREE  PERCENT  authorized  by  section  twelve
hundred  ten  of  this  article for [all or] any [portion of the] period
beginning [June] ON OR AFTER DECEMBER first,  two  thousand  [three  and
ending  November  thirtieth,  two thousand] eleven, the county shall use
all net collections from such [additional] one percent rate to  pay  the
county's  expenses  for  Medicaid.  The  net collections from [the addi-
tional] SUCH one percent rate [imposed pursuant to this  section]  shall
be deposited in a special fund to be created by such county separate and
apart  from  any  other  funds  and  accounts of the county. Any and all
remaining net collections from such [additional] one percent [tax] RATE,
after the Medicaid expenses are paid, shall be deposited by  the  county
of Livingston in the general fund of such county for any county purpose.
  S  32. Section 1262-q of the tax law, as amended by chapter 266 of the
laws of 2010, is amended to read as follows:
  S 1262-q. Erie county-disposition of  net  collections  from  the  one
percent  rate  of  sales  and  compensating use taxes in excess of three
percent. Notwithstanding any provision of law  to  the  contrary,  OTHER
THAN  THE  PROVISIONS CONTAINED IN SECTION TWELVE HUNDRED SIXTY-TWO-T OF
THIS PART, if the county of Erie imposes the  [additional]  one  percent
rate  of  sales  and  compensating  use taxes IN EXCESS OF THREE PERCENT
authorized by section twelve hundred ten of this  article  during  [the]
ANY  period  beginning January first, two thousand seven, or thereafter,
the county shall allocate each calendar year the  first  twelve  million
five  hundred  thousand  dollars  of  the  net collections from such one
percent rate to the cities of such county and the area  in  such  county
outside  its  cities to be applied or distributed in the same manner and
proportion as the net collections for such cities and area  are  applied
or  distributed  under  the  revenue distribution agreement entered into
pursuant to the authority of subdivision (c) of section  twelve  hundred
sixty-two of this part in effect on January first, two thousand six, and
subject   to   all  provisions  of  such  agreement  governing  the  net
collections for such cities and area and shall retain the  remainder  of
such net collections for any county purpose.
  S  33.  Section  1262-r of the tax law, as added by chapter 374 of the
laws of 2006, is amended to read as follows:
  S 1262-r. [Allocation] OSWEGO COUNTY - ALLOCATION and distribution  of
certain  net  collections [in the county of Oswego]. Notwithstanding any
other provision of law to the contrary, if the city of Fulton  does  not
impose  any  tax pursuant to the authority of section twelve hundred ten
of this article: (1) the county of Oswego shall impose sales and compen-
sating use taxes pursuant to the authority of subdivision (a) of section
twelve hundred ten of this  article  at  [the  maximum  rate  authorized
therefor]  A  RATE OF NOT LESS THAN FOUR PERCENT; (2) such county shall,
by local law, ordinance or resolution, allocate and  distribute  monthly
to  the  city  of  Fulton  net collections in the amount of five hundred
eight thousand eight hundred twenty dollars, commencing on the first day

S. 5758--A                         131

of the first month in which  the  repeal  of  such  city's  taxes  takes
effect,  and  continuing  monthly  unless the city of Fulton imposes tax
pursuant to the authority of such section twelve hundred ten;  (3)  such
monthly amount allocated and distributed to such city shall be deemed to
be  paid from the county's net collections set aside for county purposes
and shall not affect the amount of net collections to be  allocated  and
distributed  by  the county to the area of the county outside the cities
in the county pursuant to subdivision  (c)  of  section  twelve  hundred
sixty-two  of  this  part;  and (4) such county shall not be required to
allocate net collections to the city of Fulton pursuant  to  subdivision
(c) of such section twelve hundred sixty-two unless net collections from
the county's sales and compensating use taxes exceed thirty-four million
dollars per year, in which case the county shall allocate ten percent of
its  net  collections  in  excess  of thirty-four million dollars on the
basis of population to the city of Fulton and such area  of  the  county
outside the cities.
  S  34.  Subdivision  (b) of section 1262-r of the tax law, as added by
chapter 37 of the laws of 2006, is amended to read as follows:
  (b) [The] NOTWITHSTANDING SECTION TWELVE HUNDRED SIXTY-TWO-W  OF  THIS
PART,  THE  county shall allocate net collections from its taxes imposed
at the rate of one and one-half percent pursuant  to  the  authority  of
section twelve hundred ten of this article and also from [an additional]
THE FIRST one-eighth of one percent rate of [such] ITS taxes [authorized
by  such  section twelve hundred ten] IMPOSED IN EXCESS OF THREE PERCENT
during the entire period [in which such additional rate  is  authorized]
THAT  THE  COUNTY  IMPOSES ANY RATE OF TAX IN EXCESS OF THREE PERCENT to
the cities, towns and villages in the county (i) on the basis  of  their
respective  populations, determined in accordance with the latest decen-
nial federal census or  special  population  census  taken  pursuant  to
section  twenty  of  the  general municipal law, completed and published
prior to the end of the quarter for which the allocation is made,  which
special  census  must  include the entire area of the county (the "popu-
lation method"), or (ii) on the basis of the ratio which the full  valu-
ation  of  real  property  in  each  city, town and village bears to the
aggregate full valuation of real property in all of  the  cities,  towns
and  villages  in such county (the "full valuation method"), or (iii) on
the basis of the two thousand four base amounts described in subdivision
(d) of this section, or (iv) on the basis of specific amounts set  aside
for  each  city  in  the county, or (v) on the basis of a combination of
such methods, provided, that the county shall apply the population meth-
od and the full valuation method uniformly throughout the county.
  S 35. Section 1262-s of the tax law, as amended by chapter 111 of  the
laws of 2009, is amended to read as follows:
  S   1262-s.   [Disposition]  HERKIMER  COUNTY  -  DISPOSITION  of  net
collections from the [additional] one-quarter of  one  percent  rate  of
sales  and  compensating use taxes in [the county of Herkimer] EXCESS OF
FOUR PERCENT.  Notwithstanding any contrary provision  of  law,  if  the
county  of  Herkimer imposes the [additional] one-quarter of one percent
rate of sales and compensating use  taxes  IN  EXCESS  OF  FOUR  PERCENT
authorized  by  SUBDIVISION (K) OF section twelve hundred [ten-E] TEN of
this article for [all or] any [portion of the] period  beginning  ON  OR
AFTER December first, two thousand [seven and ending November thirtieth,
two thousand] eleven, the county shall use all net collections from such
[additional]  one-quarter  of  one  percent  rate  to  pay  the county's
expenses for the construction of additional correctional facilities. The
net collections from [the additional] SUCH ONE-QUARTER  OF  ONE  PERCENT

S. 5758--A                         132

rate  [imposed pursuant to section twelve hundred ten-E] shall be depos-
ited in a special fund to be created by such county separate  and  apart
from  any  other funds and accounts of the county. Any and all remaining
net  collections  from  such [additional tax] ONE-QUARTER OF ONE PERCENT
RATE, after the expenses of such construction are paid, shall be  depos-
ited  by  the  county of Herkimer in the general fund of such county for
any county purpose.
  S 36. The tax law is amended by adding  twelve  new  sections  1262-t,
1262-u,  1262-v, 1262-w, 1262-x, 1262-y, 1262-z, 1262-aa, 1262-bb, 1262-
cc, 1262-dd, and 1262-ee to read as follows:
  S 1262-T. ERIE COUNTY - NET COLLECTIONS FROM  SALES  AND  COMPENSATING
USE TAXES IMPOSED AT THE RATE OF THREE-QUARTERS OF ONE PERCENT IN EXCESS
OF   FOUR   PERCENT.  NOTWITHSTANDING  ANY  LAW  TO  THE  CONTRARY,  NET
COLLECTIONS FROM ERIE COUNTY'S SALES AND COMPENSATING USE TAXES  IMPOSED
AT  THE  RATE OF THREE-QUARTERS OF ONE PERCENT IN EXCESS OF FOUR PERCENT
PURSUANT TO THE AUTHORITY OF SUBDIVISION (K) OF SECTION  TWELVE  HUNDRED
TEN  OF  THIS  ARTICLE SHALL BE PAID TO THE COUNTY, SHALL BE USED BY THE
COUNTY SOLELY FOR COUNTY PURPOSES, AND  SHALL  NOT  BE  SUBJECT  TO  ANY
AGREEMENT  ENTERED INTO BY THE COUNTY AND THE CITIES IN THE COUNTY UNDER
SUBDIVISION (C) OF SECTION TWELVE HUNDRED SIXTY-TWO OF THIS PART.
  S 1262-U. ONEIDA COUNTY - NET COLLECTIONS FROM SALES AND  COMPENSATING
USE TAXES IMPOSED AT THE RATE OF THREE-QUARTERS OF ONE PERCENT IN EXCESS
OF   THREE  PERCENT.  NOTWITHSTANDING  ANY  LAW  TO  THE  CONTRARY,  NET
COLLECTIONS FROM  ONEIDA  COUNTY'S  SALES  AND  COMPENSATING  USE  TAXES
IMPOSED  AT THE RATE OF THREE-QUARTERS OF ONE PERCENT IN EXCESS OF THREE
PERCENT SHALL NOT BE SUBJECT TO ANY AGREEMENT ENTERED INTO BY THE COUNTY
AND THE CITIES IN THE COUNTY UNDER SUBDIVISION  (C)  OF  SECTION  TWELVE
HUNDRED SIXTY-TWO OF THIS PART.
  S  1262-V. HERKIMER COUNTY - NET COLLECTIONS FROM SALES AND COMPENSAT-
ING USE TAXES IMPOSED AT THE RATE OF ONE  PERCENT  IN  EXCESS  OF  THREE
PERCENT.  NOTWITHSTANDING ANY LAW TO THE CONTRARY, HERKIMER COUNTY'S ONE
PERCENT  RATE  OF  SALES  AND  COMPENSATING USE TAXES IN EXCESS OF THREE
PERCENT SHALL NOT BE SUBJECT TO PREEMPTION  PURSUANT  TO  THE  AGREEMENT
ENTERED INTO BETWEEN THE COUNTY OF HERKIMER AND THE CITY OF LITTLE FALLS
ON APRIL TWELFTH, NINETEEN HUNDRED NINETY-FOUR, AND FILED WITH THE CLERK
OF THE COUNTY LEGISLATURE OF THE COUNTY OF HERKIMER.
  S 1262-W. ONTARIO COUNTY - NET COLLECTIONS FROM A PORTION OF SALES AND
COMPENSATING USE TAXES IMPOSED AT THE RATE OF ONE-HALF OF ONE PERCENT IN
EXCESS  OF THREE PERCENT. NOTWITHSTANDING ANY LAW TO THE CONTRARY, AFTER
ONTARIO COUNTY ALLOCATES NET COLLECTIONS FROM THE  FIRST  ONE-EIGHTH  OF
ONE PERCENT RATE OF ITS TAXES IN EXCESS OF THREE PERCENT PURSUANT TO THE
AUTHORITY  OF  SECTION  TWELVE  HUNDRED  SIXTY-TWO-R  OF  THIS PART, THE
REMAINDER OF NET COLLECTIONS FROM ONTARIO COUNTY'S SALES AND  COMPENSAT-
ING  USE  TAXES IMPOSED AT THE RATE OF ONE-HALF OF ONE PERCENT IN EXCESS
OF THREE PERCENT SHALL BE SET ASIDE FOR COUNTY PURPOSES AND SHALL NOT BE
SUBJECT TO ANY AGREEMENT ENTERED INTO BY THE COUNTY AND  THE  CITIES  IN
THE  COUNTY  PURSUANT  TO  THE  AUTHORITY  OF SUBDIVISION (C) OF SECTION
TWELVE HUNDRED SIXTY-TWO OR SECTION TWELVE HUNDRED SIXTY-TWO-R  OF  THIS
PART.
  S  1262-X.  ALBANY  COUNTY  -  ALLOCATION  OF CERTAIN NET COLLECTIONS.
NOTWITHSTANDING ANY INCONSISTENT PROVISION OF  LAW,  IF  THE  COUNTY  OF
ALBANY IMPOSES A ONE PERCENT RATE OF SALES AND COMPENSATING USE TAXES IN
EXCESS  OF  THREE PERCENT AS AUTHORIZED BY SECTION TWELVE HUNDRED TEN OF
THIS ARTICLE, THEN THE COUNTY OF ALBANY SHALL  ALLOCATE  AND  DISTRIBUTE
NET  COLLECTIONS  FROM  SUCH ONE PERCENT RATE IN EXCESS OF THREE PERCENT
QUARTERLY TO THE CITIES AND THE AREA OF THE COUNTY OUTSIDE THE CITIES IN

S. 5758--A                         133

THE SAME PROPORTION THE COUNTY ALLOCATES AND DISTRIBUTES NET COLLECTIONS
FROM THE COUNTY'S THREE PERCENT RATE OF SUCH TAXES AS OF JULY  ELEVENTH,
TWO  THOUSAND NINE. SUCH PORTION OF NET COLLECTIONS ATTRIBUTABLE TO SUCH
ONE  PERCENT  RATE  SHALL  BE ALLOCATED AND DISTRIBUTED TO THE TOWNS AND
VILLAGES IN SUCH COUNTY IN THE SAME MANNER AS NET COLLECTIONS  ATTRIBUT-
ABLE TO SUCH COUNTY'S THREE PERCENT RATE OF SUCH TAXES ARE ALLOCATED AND
DISTRIBUTED TO SUCH TOWNS AND VILLAGES AS OF THAT DATE. IF A CITY IN THE
COUNTY  OF  ALBANY  EXERCISES  ITS PRIOR RIGHT TO IMPOSE TAX PURSUANT TO
SECTION TWELVE HUNDRED TWENTY-FOUR OF  THIS  ARTICLE,  THEN  THE  COUNTY
SHALL  NOT  BE  REQUIRED  TO  ALLOCATE AND DISTRIBUTE NET COLLECTIONS IN
ACCORDANCE WITH THIS SECTION FOR ANY PERIOD OF  TIME  DURING  WHICH  ANY
SUCH CITY TAX IS IN EFFECT.
  S  1262-Y.  CLINTON  COUNTY - NET COLLECTIONS FROM ADDITIONAL RATE NOT
SUBJECT TO AGREEMENT. NET COLLECTIONS FROM ANY RATE OF SALES AND COMPEN-
SATING USE TAXES CLINTON COUNTY  IMPOSES  IN  EXCESS  OF  THREE  PERCENT
DURING  THE  PERIOD  COMMENCING  DECEMBER FIRST, TWO THOUSAND SEVEN, AND
ENDING NOVEMBER THIRTIETH, TWO THOUSAND ELEVEN, PURSUANT TO THE AUTHORI-
TY OF SECTION TWELVE HUNDRED TEN OF THIS ARTICLE, SHALL BE PAID  TO  THE
COUNTY  AND THE COUNTY SHALL SET ASIDE SUCH NET COLLECTIONS AND USE THEM
SOLELY FOR COUNTY PURPOSES. SUCH NET COLLECTIONS SHALL NOT BE SUBJECT TO
ANY REVENUE DISTRIBUTION AGREEMENT ENTERED INTO BY THE  COUNTY  AND  THE
CITY IN THE COUNTY PURSUANT TO SUBDIVISION (C) OF SECTION TWELVE HUNDRED
SIXTY-TWO OF THIS PART.
  S  1262-Z.  COLUMBIA  COUNTY  - ALLOCATION OF CERTAIN NET COLLECTIONS.
NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, IF COLUMBIA COUNTY
IMPOSES A ONE PERCENT RATE OF SALES AND COMPENSATING USE TAXES IN EXCESS
OF THREE PERCENT AS AUTHORIZED BY SECTION TWELVE  HUNDRED  TEN  OF  THIS
ARTICLE  FOR  ANY  PERIOD, THEN THE COUNTY SHALL ALLOCATE AND DISTRIBUTE
QUARTERLY TO THE CITY OF HUDSON AND THE AREA OF THE COUNTY OUTSIDE  SUCH
CITY  THE  SAME  PROPORTION  OF NET COLLECTIONS ATTRIBUTABLE TO SUCH ONE
PERCENT  RATE  AS  THE  COUNTY  WAS  ALLOCATING  AND  DISTRIBUTING   NET
COLLECTIONS  FROM THE COUNTY'S THREE PERCENT RATE OF SUCH TAXES ON JANU-
ARY TWENTY-EIGHTH, NINETEEN HUNDRED NINETY-FIVE, AND SUCH PORTION OF NET
COLLECTIONS FROM SUCH ONE PERCENT RATE SHALL BE ALLOCATED  AND  DISTRIB-
UTED  TO  THE TOWNS AND VILLAGES IN THE COUNTY IN THE SAME MANNER AS NET
COLLECTIONS ATTRIBUTABLE TO THE COUNTY'S  THREE  PERCENT  RATE  OF  SUCH
TAXES WERE ALLOCATED AND DISTRIBUTED TO SUCH TOWNS AND VILLAGES ON JANU-
ARY  TWENTY-EIGHTH,  NINETEEN HUNDRED NINETY-FIVE. IF THE CITY OF HUDSON
EXERCISES ITS PRIOR RIGHT TO IMPOSE A TAX  PURSUANT  TO  SECTION  TWELVE
HUNDRED  TWENTY-FOUR  OF  THIS  ARTICLE,  THEN  THE  COUNTY SHALL NOT BE
REQUIRED TO ALLOCATE AND DISTRIBUTE NET COLLECTIONS IN  ACCORDANCE  WITH
THIS SECTION FOR ANY PERIOD DURING WHICH ANY SUCH CITY TAX IS IN EFFECT.
  S  1262-AA.  GENESEE  COUNTY  - ALLOCATION OF CERTAIN NET COLLECTIONS.
NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY,  IF  GENESEE
COUNTY  IMPOSES  SALES AND COMPENSATING USE TAXES AT A RATE IN EXCESS OF
THREE PERCENT FOR ANY PERIOD, THE COUNTY SHALL ALLOCATE  AND  DISTRIBUTE
NET  COLLECTIONS  FROM  SUCH RATE IN EXCESS OF THREE PERCENT IN THE SAME
MANNER AND PROPORTION AS IT DOES NET COLLECTIONS FROM SUCH TAXES IMPOSED
AT THE RATE OF THREE PERCENT.
  S 1262-BB. MONROE COUNTY - ALLOCATION OF CERTAIN NET COLLECTIONS.  (A)
NOTWITHSTANDING  THE  PROVISIONS  OF SUBDIVISIONS (B) AND (C) OF SECTION
TWELVE HUNDRED SIXTY-TWO AND SECTION TWELVE HUNDRED SIXTY-TWO-G OF  THIS
PART,  NET  COLLECTIONS  FROM MONROE COUNTY'S SALES AND COMPENSATING USE
TAXES IMPOSED AT A RATE OF ONE PERCENT IN EXCESS OF  THREE  PERCENT,  AS
AUTHORIZED  PURSUANT  TO  THE AUTHORITY OF SECTION TWELVE HUNDRED TEN OF
THIS ARTICLE, SHALL BE ALLOCATED AND DISTRIBUTED  AS  FOLLOWS:  FOR  THE

S. 5758--A                         134

PERIOD  OF DECEMBER FIRST, TWO THOUSAND ELEVEN, THROUGH NOVEMBER THIRTI-
ETH, TWO THOUSAND TWELVE, IN CASH, FIVE PERCENT TO THE SCHOOL  DISTRICTS
IN  THE  AREA OF THE COUNTY OUTSIDE THE CITY OF ROCHESTER, THREE PERCENT
TO  THE  TOWNS LOCATED WITHIN THE COUNTY, ONE AND ONE-QUARTER PERCENT TO
THE VILLAGES LOCATED WITHIN THE COUNTY, AND  NINETY  AND  THREE-QUARTERS
PERCENT  TO  THE  CITY  OF ROCHESTER AND COUNTY OF MONROE. THE REMAINING
NINETY AND THREE-QUARTERS PERCENT  OF  NET  COLLECTIONS  FROM  SUCH  ONE
PERCENT  RATE IN EXCESS OF THREE PERCENT SHALL BE ALLOCATED AND DISTRIB-
UTED TO THE CITY OF ROCHESTER OR RETAINED BY  THE  COUNTY  SO  THAT  THE
COMBINED  TOTAL  ALLOCATION  AND  DISTRIBUTION  TO THE CITY AND COMBINED
AMOUNT TO BE RETAINED BY THE COUNTY FROM THE COUNTY'S SALES TAX REVENUES
PURSUANT TO SECTIONS TWELVE HUNDRED SIXTY-TWO AND TWELVE HUNDRED  SIXTY-
TWO-G  OF  THIS  PART  AND  THIS  SECTION SHALL RESULT IN THE SAME TOTAL
AMOUNT BEING ALLOCATED AND DISTRIBUTED TO THE CITY OF ROCHESTER AND  THE
COUNTY.  THE  AMOUNT  SO RETAINED BY THE COUNTY SHALL BE USED FOR COUNTY
PURPOSES. THE FOREGOING CASH PAYMENTS TO THE SCHOOL DISTRICTS  SHALL  BE
ALLOCATED  ON THE BASIS OF THE ENROLLED PUBLIC SCHOOL PUPILS THEREOF, AS
SUCH TERM IS USED IN SUBDIVISION (B) OF SECTION TWELVE HUNDRED SIXTY-TWO
OF THIS PART, RESIDING IN THE COUNTY OF MONROE.   THE CASH  PAYMENTS  TO
THE  TOWNS  LOCATED  IN  THE  COUNTY OF MONROE SHALL BE ALLOCATED ON THE
BASIS OF THE RATIO WHICH THE POPULATION OF EACH TOWN, EXCLUSIVE  OF  THE
POPULATION  OF  ANY  VILLAGE  OR  PORTION THEREOF LOCATED WITHIN A TOWN,
BEARS TO THE TOTAL POPULATION OF THE TOWNS LOCATED IN THE COUNTY, EXCLU-
SIVE OF THE POPULATION OF THE VILLAGES LOCATED IN SUCH TOWNS.  THE  CASH
PAYMENTS TO THE VILLAGES LOCATED IN THE COUNTY SHALL BE ALLOCATED ON THE
BASIS  OF  THE  RATIO  WHICH THE POPULATION OF EACH VILLAGE BEARS TO THE
TOTAL POPULATION OF THE VILLAGES LOCATED IN THE COUNTY. THE  TERM  POPU-
LATION  AS  USED  IN THIS SECTION SHALL HAVE THE SAME MEANING AS USED IN
SUBDIVISION (B) OF SECTION TWELVE HUNDRED SIXTY-TWO OF THIS PART.
  (B) NET COLLECTIONS FROM SUCH ONE PERCENT  RATE  IN  EXCESS  OF  THREE
PERCENT  SHALL  NOT  BE  INCLUDED IN DETERMINING A SALES TAX INCREASE OR
DECREASE AS DEFINED IN PARAGRAPHS (C) AND  (D)  OF  SUBDIVISION  ONE  OF
SECTION TWELVE HUNDRED SIXTY-TWO-G OF THIS PART.
  S  1262-CC.  ONONDAGA  COUNTY - ALLOCATION OF CERTAIN NET COLLECTIONS.
NOTWITHSTANDING ANY CONTRARY PROVISION OF LAW, NET COLLECTIONS FROM  THE
ONE  PERCENT RATE OF SALES AND COMPENSATING USE TAXES IN EXCESS OF THREE
PERCENT ONONDAGA COUNTY MAY IMPOSE DURING THE PERIOD COMMENCING DECEMBER
FIRST, TWO THOUSAND ELEVEN, AND ENDING NOVEMBER THIRTIETH, TWO  THOUSAND
TWELVE,  PURSUANT TO THE AUTHORITY OF SECTION TWELVE HUNDRED TEN OF THIS
ARTICLE, SHALL NOT BE SUBJECT  TO  ANY  REVENUE  DISTRIBUTION  AGREEMENT
ENTERED  INTO  PURSUANT  TO  SUBDIVISION  (C)  OF SECTION TWELVE HUNDRED
SIXTY-TWO OF THIS PART, BUT SHALL BE ALLOCATED AND DISTRIBUTED OR  PAID,
AT  LEAST QUARTERLY, AS FOLLOWS: (I) 72.70 PERCENT TO THE COUNTY FOR ANY
COUNTY PURPOSE; (II) 11.35 PERCENT TO THE CITY OF SYRACUSE; (III)  13.04
PERCENT TO THE TOWNS OF THE COUNTY ON THE BASIS OF POPULATION AND TO THE
VILLAGES  IN  THE  AREA  OF  THE COUNTY OUTSIDE THE CITY OF SYRACUSE, IN
ACCORDANCE WITH SUBDIVISION (C) OF SECTION TWELVE HUNDRED  SIXTY-TWO  OF
THIS  PART;  AND (IV) 2.91 PERCENT TO THE SCHOOL DISTRICTS IN ACCORDANCE
WITH SUBDIVISION (A) OF SECTION TWELVE HUNDRED SIXTY-TWO OF THIS PART.
  S 1262-DD. ORANGE COUNTY - NET COLLECTIONS FROM  ADDITIONAL  RATE  NOT
SUBJECT  TO AGREEMENT. NOTWITHSTANDING SUBDIVISION (C) OF SECTION TWELVE
HUNDRED SIXTY-TWO OF THIS PART, NET COLLECTIONS FROM ANY RATE  OF  SALES
AND  COMPENSATING USE TAXES IN EXCESS OF THREE PERCENT IMPOSED BY ORANGE
COUNTY DURING THE PERIOD COMMENCING DECEMBER FIRST, TWO THOUSAND ELEVEN,
AND ENDING NOVEMBER THIRTIETH, TWO  THOUSAND  TWELVE,  PURSUANT  TO  THE
AUTHORITY  OF  SECTION TWELVE HUNDRED TEN OF THIS ARTICLE, SHALL BE USED

S. 5758--A                         135

BY THE COUNTY SOLELY FOR COUNTY PURPOSES AND SHALL NOT BE SUBJECT TO ANY
REVENUE DISTRIBUTION AGREEMENT ENTERED INTO PURSUANT TO THE AUTHORITY OF
SUBDIVISION (C) OF SECTION TWELVE HUNDRED SIXTY-TWO OF THIS PART.
  S  1262-EE.  ULSTER COUNTY - ALLOCATION OF CERTAIN NET COLLECTIONS. IF
ULSTER COUNTY IMPOSES SALES AND COMPENSATING USE  TAXES  AT  A  RATE  IN
EXCESS  OF  THREE  PERCENT  PURSUANT  TO THE AUTHORITY OF SECTION TWELVE
HUNDRED TEN OF THIS ARTICLE FOR ANY PERIOD  COMMENCING  DECEMBER  FIRST,
TWO THOUSAND ELEVEN, AND ENDING NOVEMBER THIRTIETH, TWO THOUSAND TWELVE,
NET  COLLECTIONS  FROM  SUCH  RATE  IN  EXCESS OF THREE PERCENT SHALL BE
SUBJECT TO SUCH COUNTY'S EXISTING AGREEMENT WITH THE  CITY  OF  KINGSTON
ENTERED  INTO  PURSUANT  TO  SUBDIVISION  (C)  OF SECTION TWELVE HUNDRED
SIXTY-TWO OF THIS PART AND SUCH NET COLLECTIONS SHALL  BE  ALLOCATED  IN
ACCORDANCE WITH SUCH AGREEMENT.
  S 37. This act shall take effect September 1, 2011, and shall apply in
accordance  with the applicable transitional provisions in sections 1106
and 1217 of the tax law; provided that a county, city or school district
shall be authorized immediately after this act shall have become  a  law
to  adopt or amend local laws, ordinances or resolutions to impose sales
and compensating use taxes at a rate in excess of the rate authorized in
the opening paragraph of section 1210  of  the  tax  law,  as  added  by
section  one  of this act, pursuant to the authority of this act to take
effect September 1, 2011, or thereafter, subject to  the  provisions  of
subdivisions  (d)  and  (e) of section 1210, 1211, or 1212-A or subdivi-
sions (e) and (f) of section 1212 of the tax law.

                                 PART H

  Section 1. This act enacts into law major  components  of  legislation
relating  to real property tax exemptions and rent control.  Each compo-
nent is wholly contained within  a  Subpart  identified  as  Subparts  A
through  C.  The  effective date for each particular provision contained
within such Subpart is set forth in the last section  of  such  Subpart.
Any  provision  in any section contained within a Subpart, including the
effective date of the Subpart, 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 Subpart
in which it is found. Section three of this act sets forth  the  general
effective date of this act.

                                SUBPART A

  Section  1.  The opening paragraph of item (A) of subparagraph (iv) of
paragraph (a) of subdivision 2 of section 421-a of the real property tax
law, as amended by chapter 618 of the laws of 2007, is amended  to  read
as follows:
  Unless excluded by local law, in the city of New York, the benefits of
this subparagraph shall be available in the borough of Manhattan for new
multiple  dwellings  on tax lots now existing or hereafter created south
of or adjacent to either side of one hundred tenth street  [which]  THAT
commence  construction after July first, nineteen hundred ninety-two and
before December twenty-eighth, two thousand [ten] EIGHTEEN only if:
  S 2. Subparagraph (ii) of paragraph (c) of subdivision  2  of  section
421-a  of  the  real  property tax law, as amended by chapter 618 of the
laws of 2007, is amended to read as follows:
  (ii) construction is commenced after January first,  nineteen  hundred
seventy-five and before December twenty-eighth, two thousand [ten] EIGH-

S. 5758--A                         136

TEEN provided, however, that such commencement period shall not apply to
multiple  dwellings  eligible  for  benefits  under subparagraph (iv) of
paragraph (a) of this subdivision;
  S 3. Paragraph (d) of subdivision 2 of section 421-a of the real prop-
erty  tax law, as amended by chapter 692 of the laws of 1995, is amended
to read as follows:
  (d) [As of July first, nineteen hundred seventy-five] FOR ANY BUILDING
GRANTED TAX EXEMPTION PURSUANT TO THIS  SECTION  BY  THE  LOCAL  HOUSING
AGENCY  ON OR SUBSEQUENT TO JULY FIRST, NINETEEN HUNDRED SEVENTY-ONE, if
the aggregate floor area of commercial, community facility and accessory
use space exceeds twelve [per cent] PERCENT of the aggregate floor area,
as defined herein, [of any building granted tax  exemption  pursuant  to
this  section  on or subsequent to July first, nineteen hundred seventy-
one] OF SUCH BUILDING, tax exemption shall be reduced by an amount equal
to the [per cent] PERCENT of the  aggregate  floor  area  by  which  the
aggregate floor area of commercial, community facility and accessory use
space  exceeds  twelve [per cent] PERCENT of the aggregate floor area of
the building provided, however,  that  accessory  use  space  shall  not
include  accessory parking located not more than twenty-three feet above
the curb level and provided, further, that whenever a building  contain-
ing two or more separately assessed parcels of real property has commer-
cial,  community  facility  and  accessory  use  space in excess of such
twelve percent, the tax arising out of the reduction  in  exemption  for
such  excess  space  shall  not be apportioned pro rata among all of the
separately assessed parcels in the building but shall be  applied  first
to those separately assessed parcels which are unrelated to the residen-
tial  use  of  the  building;  and only after such unrelated parcels are
fully taxable shall the remainder of such tax be  apportioned  pro  rata
among  the  remaining  separately assessed parcels and provided further,
that no such exemption for commercial, community facility and  accessory
use  space  shall  be  applicable  prior to July first, nineteen hundred
seventy-five. To be eligible  for  exemption  under  this  section  such
construction  shall take place on land which, thirty-six months prior to
the commencement of such construction, was vacant, predominantly vacant,
under-utilized, or improved with a non-conforming use, provided that  if
such new multiple dwelling displaces or replaces a building or buildings
containing more than twenty-five occupied dwelling units in existence on
December  thirty-first,  nineteen  hundred seventy-four and administered
under the local emergency housing rent control act, the rent  stabiliza-
tion  law  of  nineteen  hundred  sixty-nine,  or  the  emergency tenant
protection act of nineteen  seventy-four,  such  new  multiple  dwelling
shall  not  be  eligible in the city of New York unless a certificate of
eviction has been issued for any of  the  displaced  or  replaced  units
pursuant  to the powers granted by the city rent and rehabilitation law,
and that the sale, transfer or utilization of air rights  over  residen-
tial  buildings  that  were  not  demolished shall not be construed as a
displacement or replacement of the dwelling units contained within those
buildings within the meaning of this subdivision.
  S 4. Subdivision 3 of section 421-a of the real property tax  law,  as
amended  by  chapter  857  of the laws of 1975, the opening paragraph as
amended by chapter 655 of the laws of 1978, paragraph (iv) as amended by
chapter 703 of the laws of 1976, and such section as renumbered by chap-
ter 110 of the laws of 1977, is amended to read as follows:
  3. Application forms for exemption under this section shall  be  filed
with  the  [assessors  between  February  first and March fifteenth and,
based on the  certification  of  the  local  housing  agency  as  herein

S. 5758--A                         137

provided,  the  assessors  shall  certify  to the collecting officer the
amount of taxes to be abated] LOCAL HOUSING AGENCY, WHICH SHALL ISSUE  A
CERTIFICATE  CERTIFYING THE APPLICANT'S ELIGIBILITY PURSUANT TO SUBDIVI-
SIONS  TWO  AND  FOUR  OF  THIS  SECTION.   If there be in a city of one
million population or more a  department  of  housing  preservation  and
development,  the  term "housing agency" shall mean only such department
of housing preservation and development. [No such application  shall  be
accepted  by  the  assessors  unless accompanied by a certificate of the
local housing agency certifying the applicant's eligibility pursuant  to
subdivisions  two  and  four  of this section.] No such certification of
eligibility shall be issued by the local housing agency until such agen-
cy determines the initial adjusted monthly rent to be  paid  by  tenants
residing in rental dwelling units contained within the multiple dwelling
and  the comparative adjusted monthly rent that would have to be paid by
such tenants if no tax exemption were applicable  as  provided  by  this
section.    The  initial  adjusted monthly rent will be certified by the
local housing agency as the first rent for the subject dwelling units. A
copy of such certification with respect to such units shall be  attached
by  the  applicant  to the first effective lease or occupancy agreement.
The initial adjusted monthly rent shall reflect the full  tax  exemption
benefits as approved by the agency.
  The  agency shall determine the amount of the initial adjusted monthly
rent as follows:
  (i) The total project cost shall be determined by adding the following
items:
  (a) Land acquisition cost or purchase price, if purchased  within  two
years  prior  to  the  date  on  which  construction  or  alteration  is
commenced; or land acquisition cost or purchase price  or  an  appraisal
prepared  by  a  qualified  independent  appraiser,  in  such form as is
acceptable to the agency, if purchased more than two years prior to such
date. Land acquisition cost or purchase  price,  where  used,  shall  be
certified to by an independent certified public accountant;
  (b)   Costs  incurred  in  the  process  of  preparing  the  site  for
construction, including but not limited to operating losses,  relocation
expenses,  demolition  expenses  and  carrying charges, such costs to be
certified by an independent certified public accountant to  a  date  not
more  than ninety days prior to the filing of an application for certif-
ication of eligibility and the balance of such costs to be estimated;
  (c) Construction costs for constructing or rehabilitating the multiple
dwelling as determined by the agency in accordance with subdivision four
of this section, plus such  amount,  if  any,  representing  unique  and
special  costs as may be allowed by the agency for a particular multiple
dwelling;
  (d) An allowance for  estimated  off-site  costs,  including  but  not
limited  to  architects,  engineers  and  legal fees, interest and taxes
during construction, insurance, title and mortgage fees,  as  determined
by the agency in accordance with subdivision four of this section, and
  (e)  such  other amounts as are ordinarily and customarily incurred in
connection with the construction or rehabilitation of a multiple  dwell-
ing,  as determined by the agency in accordance with subdivision four of
this section.
  (ii) The total expenses of the multiple dwelling shall  be  determined
by adding the following items:
  (a)  The amount that the agency determines to be the reasonable annual
costs for the continuing  maintenance  and  operation  of  the  multiple
dwelling in accordance with subdivision four of this section;

S. 5758--A                         138

  (b)  The amount that the agency determines to be an appropriate annual
provision for vacancies, contingency reserves  and  management  fees  in
accordance with subdivision four of this section.
  (c)  The  projected  real  property taxes to be levied on the multiple
dwelling and the land on which it is situated at the time  of  estimated
initial occupancy;
  (d)  Fourteen  (14)  [per  cent] PERCENT of the total project cost, as
hereinabove defined, which amount will include  all  expenses  for  debt
service; and
  (e)  Deducting  from  said  total  the  estimated  annual income to be
derived from any commercial, community facility or accessory  use  space
in the building.
  (iii) The total expenses shall be divided by the room count to provide
the adjusted monthly rent per room per month.
  (iv)  The adjusted monthly rent per room per month shall be multiplied
by the room count of each rental dwelling unit to  provide  the  initial
adjusted  monthly  rent  for  such  dwelling  unit. The agency may allow
adjustments in the initial adjusted  monthly  rent  for  any  particular
dwelling  units  provided that the total of the initial adjusted monthly
rents for all of the rental dwelling units in a multiple dwelling  shall
not exceed the total expenses of such multiple dwelling.
  The  agency shall determine the estimated comparative adjusted monthly
rent that would have to be paid if no tax exemption were  applicable  as
provided by this section by adding to the adjusted monthly rent for each
dwelling unit as hereinabove computed an amount equal to (a) the differ-
ence  between the projected real property taxes which would be levied on
the multiple dwelling and the land on which it is situated at  the  time
estimated  initial  occupancy  if  no  tax  abatement were applicable as
provided by this section and the projected real property taxes  hereina-
bove  utilized in connection with the computation of total expenses; (b)
divided by the room count of the building as per this section;  and  (c)
multiplied  by  the applicants approved room count of each such dwelling
unit.
  The local housing agency may promulgate rules and regulations to carry
out the provisions of this section, not inconsistent with the provisions
hereof, [and may require a reasonable filing fee in an  amount  provided
by  such rules and regulations] INCLUDING, BUT NOT LIMITED TO, RULES AND
REGULATIONS RELATING TO THE FILING FEE AUTHORIZED PURSUANT TO  PARAGRAPH
B OF SUBDIVISION FOUR OF THIS SECTION. NOTWITHSTANDING THE PROVISIONS OF
ANY GENERAL, SPECIAL OR LOCAL LAW, THE LOCAL HOUSING AGENCY IN A CITY OF
ONE  MILLION  OR  MORE MAY REQUIRE THAT APPLICATIONS FOR EXEMPTION UNDER
THIS SECTION THAT ARE FILED ON OR AFTER THE EFFECTIVE DATE OF  THIS  ACT
BE FILED ELECTRONICALLY.
  S 5. Paragraph b of subdivision 4 of section 421-a of the real proper-
ty  tax  law, as added by chapter 744 of the laws of 2004, is amended to
read as follows:
  b. The local housing agency [may] SHALL require a filing  fee  not  to
exceed  the  greater  of  (i)  four-tenths  of  one percent of the total
project cost, or (ii) if the building will be owned as a cooperative  or
condominium,  four-tenths  of  one  percent of the total project cost or
four-tenths of one percent of the total project sell-out price stated in
the last amendment to the offering  plan  accepted  for  filing  by  the
attorney  general  of  the  state,  at the option of the applicant. Such
total project cost or total project sell-out price shall  be  determined
pursuant to rules promulgated by the local housing agency. Notwithstand-
ing  the foregoing, the local housing agency may promulgate rules impos-

S. 5758--A                         139

ing an additional fee  if  an  application,  or  any  part  thereof,  or
submission  in connection therewith, is defective and such defect delays
the processing of such application or causes the local housing agency to
expend additional resources in the processing of such application.
  S  6.  Subparagraph  (i)  of paragraph (a) of subdivision 6 of section
421-a of the real property tax law, as added by chapter 110 of the  laws
of 2005, is amended to read as follows:
  (i)  "Covered  project."  (A) A new building located within the Green-
point - Williamsburg waterfront exclusion area, (B) two or  more  build-
ings which are part of one contiguous development entirely located with-
in  the  Greenpoint - Williamsburg waterfront exclusion area, (C) two or
more buildings which are located within the  Greenpoint  -  Williamsburg
waterfront  exclusion  area  and are part of a single development parcel
specifically identified in section [62-831] 62-931 of the  local  zoning
resolution,  or  (D) where so authorized in writing by the local housing
agency, one or more buildings located within the Greenpoint -  Williams-
burg waterfront exclusion area and one or more buildings located outside
the  Greenpoint  -  Williamsburg  waterfront  exclusion  area but within
Community District Number One in the borough of Brooklyn. The cumulative
number of affordable units located outside the Greenpoint - Williamsburg
waterfront exclusion area in all covered projects  described  in  clause
(D)  of  this  subparagraph  shall  not  exceed  two hundred. A building
located outside the Greenpoint - Williamsburg waterfront exclusion  area
which  is  part  of  a  covered  project described in clause (D) of this
subparagraph shall not contain any  affordable  units  with  respect  to
which  an application pending before a governmental entity on the effec-
tive date of this subdivision or a written agreement in  effect  on  the
effective  date of this subdivision provided for the development of such
affordable units.
  S 7. Intentionally omitted.
  S 8. This act shall take effect immediately, provided,  however,  that
the  amendments  to  item  (A)  of subparagraph (iv) of paragraph (a) of
subdivision 2 and subparagraph (ii) of paragraph (c) of subdivision 2 of
section 421-a of the real property tax law made by sections one and  two
of  this act shall be deemed to have been in full force and effect as of
December 28, 2010.

                                SUBPART B

  Section 1. Section 17 of chapter 576 of the laws of 1974, amending the
emergency housing rent control  law  relating  to  the  control  of  and
stabilization  of rent in certain cases, as amended by chapter 82 of the
laws of 2003, is amended to read as follows:
  S 17. Effective date.   This act shall  take  effect  immediately  and
shall  remain in full force and effect until and including the fifteenth
day of June [2011] 2019; except that sections two and three  shall  take
effect  with  respect  to any city having a population of one million or
more and section one shall take effect with respect to any  other  city,
or  any  town  or village whenever the local legislative body of a city,
town or village determines the existence of a public emergency  pursuant
to  section  three  of  the  emergency tenant protection act of nineteen
seventy-four, as enacted by section four of this act, and provided  that
the  housing accommodations subject on the effective date of this act to
stabilization pursuant to the New York city rent  stabilization  law  of
nineteen  hundred  sixty-nine  shall remain subject to such law upon the
expiration of this act.

S. 5758--A                         140

  S 2. Subdivision 2 of section 1 of chapter 274 of the  laws  of  1946,
constituting the emergency housing rent control law, is REPEALED.
  S  3. Section 2 of chapter 329 of the laws of 1963, amending the emer-
gency housing rent control law relating to recontrol of rents in Albany,
as amended by chapter 82 of the laws of 2003,  is  amended  to  read  as
follows:
  S  2.  This  act  shall  take effect immediately and the provisions of
subdivision 6 of section 12 of the emergency housing rent  control  law,
as  added  by  this act, shall remain in full force and effect until and
including June 15, [2011] 2019.
  S 4. Section 10 of chapter 555 of  the  laws  of  1982,  amending  the
general business law and the administrative code of the city of New York
relating  to conversion of residential property to cooperative or condo-
minium ownership in the city of New York, as amended by  chapter  82  of
the laws of 2003, is amended to read as follows:
  S  10.  This  act  shall  take  effect immediately; provided, that the
provisions of sections one, two and nine of this  act  shall  remain  in
full  force  and  effect  only until and including June 15, [2011] 2019;
provided further that the provisions of section three of this act  shall
remain  in  full  force  and effect only so long as the public emergency
requiring the regulation and control of residential rents and  evictions
continues  as  provided in subdivision 3 of section 1 of the local emer-
gency housing rent control act; provided further that the provisions  of
sections  four,  five, six and seven of this act shall expire in accord-
ance with the provisions of section 26-520 of the administrative code of
the city of New York as such section of the administrative code is, from
time to time, amended; provided further that the provisions  of  section
26-511 of the administrative code of the city of New York, as amended by
this act, which the New York City Department of Housing Preservation and
Development  must  find  are  contained  in  the code of the real estate
industry stabilization association of such city in order to approve  it,
shall  be deemed contained therein as of the effective date of this act;
and provided further that any plan accepted for filing by the department
of law on or before the effective date of this act shall continue to  be
governed  by  the provisions of section 352-eeee of the general business
law as they had existed immediately prior to the effective date of  this
act.
  S 5. Section 4 of chapter 402 of the laws of 1983, amending the gener-
al  business  law relating to conversions of rental residential property
to cooperative or condominium ownership in certain municipalities in the
counties of Nassau, Westchester and Rockland, as amended by  chapter  82
of the laws of 2003, is amended to read as follows:
  S  4.  This  act  shall  take  effect  immediately; provided, that the
provisions of sections one and three of this act shall  remain  in  full
force  and  effect  only  until  and including June 15, [2011] 2019; and
provided further that any plan accepted for filing by the department  of
law  on  or  before  the effective date of this act shall continue to be
governed by the provisions of section 352-eee of  the  general  business
law  as they had existed immediately prior to the effective date of this
act.
  S 6. Subdivision 6 of section 46 of chapter 116 of the laws  of  1997,
constituting the rent regulation reform act of 1997, is REPEALED.
  S  7.  The  opening  paragraph  of  subdivision 4 of section 14 of the
public housing law, as added by chapter 116 of  the  laws  of  1997,  is
amended to read as follows:

S. 5758--A                         141

  The  agency  shall  promulgate  regulations,  rules and policies which
provide for the rights of family members to succeed in certain cases  to
the  rights  of tenants protected by the emergency tenant protection act
of nineteen seventy-four, the emergency housing rent  control  law,  the
local emergency housing rent control act, the administrative code of the
city  of New York and any regulations, rules and policies enacted pursu-
ant thereto.  THE RIGHT OF FAMILY MEMBERS TO SUCCEED IN CERTAIN CASES TO
THE RIGHTS OF TENANTS PROTECTED BY SUCH LAWS SHALL  BE  LIMITED  TO  ONE
SUCCESSION.  THERE SHALL BE NO FURTHER RIGHT OF SUCCESSION FOR ANY OTHER
FAMILY MEMBERS OF A FAMILY MEMBER WHO  HAS  PREVIOUSLY  EXERCISED  THEIR
RIGHT  TO  SUCCESSION. ANY FAMILY MEMBER WHO HAS SUCCEEDED TO THE RIGHTS
OF TENANTS PROTECTED BY SUCH LAWS PRIOR TO JUNE TWENTIETH, TWO  THOUSAND
ELEVEN  SHALL HAVE THE RIGHT TO CONTINUE THEIR TENANCY UNTIL VACANCY BUT
NO OTHER FAMILY MEMBERS SHALL THEREAFTER HAVE THE RIGHT  TO  SUCCEED  TO
THE  PRIOR  SUCCESSOR'S  RIGHTS  AS TENANTS. Such regulations, rules and
policies shall contain provisions which include, but shall not be limit-
ed to, the following:
  S 8. Paragraph 13 of subdivision c of section 26-511 of  the  adminis-
trative  code  of  the  city of New York, as added by chapter 253 of the
laws of 1993, is amended to read as follows:
  (13) provides that an owner is entitled to a rent increase where there
has been a substantial modification or increase of dwelling space or  an
increase  in  the services, or installation of new equipment or improve-
ments or new furniture or furnishings provided in or to a tenant's hous-
ing accommodation, on written tenant consent to the  rent  increase.  In
the  case of a vacant housing accommodation, tenant consent shall not be
required. The permanent increase in the legal  regulated  rent  for  the
affected  housing  accommodation shall be one-fortieth of the total cost
incurred by the landlord in providing such modification or  increase  in
dwelling space, services, furniture, furnishings or equipment, including
the  cost  of  installation,  but  excluding  finance  charges. Provided
further that an owner who is entitled to a  rent  increase  pursuant  to
this  paragraph  shall  not be entitled to a further rent increase based
upon  the  installation  of  similar  equipment,  or  new  furniture  or
furnishings  within the useful life of such new equipment, or new furni-
ture or furnishings.  FOR RENT INCREASES PURSUANT TO THIS PARAGRAPH THAT
TAKE EFFECT AFTER JANUARY FIRST, TWO THOUSAND TWELVE,  THE  OWNER  SHALL
GIVE  WRITTEN  NOTICE TO THE DIVISION AND THE TENANT ON FORMS PRESCRIBED
BY THE COMMISSIONER OF HOUSING AND COMMUNITY RENEWAL OF ANY SUCH ADJUST-
MENT PURSUANT TO THIS PARAGRAPH AND THE FAILURE TO PROVIDE SUCH  WRITTEN
NOTICE SHALL PRECLUDE THE COLLECTION OF ANY SUCH ADJUSTMENT.
  S 9. Paragraph 1 of subdivision d of section 6 of section 4 of chapter
576  of  the  laws of 1974, constituting the emergency tenant protection
act of nineteen seventy-four, as added by chapter 253  of  the  laws  of
1993, is amended to read as follows:
  (1)  there has been a substantial modification or increase of dwelling
space or an increase in the services, or installation of  new  equipment
or  improvements  or  new  furniture or furnishings, provided in or to a
tenant's housing accommodation, on written tenant consent  to  the  rent
increase.  In the case of a vacant housing accommodation, tenant consent
shall not be required. The permanent increase  in  the  legal  regulated
rent for the affected housing accommodation shall be one-fortieth of the
total  cost  incurred  by the landlord in providing such modification or
increase in dwelling space, services, furniture, furnishings  or  equip-
ment, including the cost of installation, but excluding finance charges.
Provided further [than] THAT an owner who is entitled to a rent increase

S. 5758--A                         142

pursuant  to  this  paragraph  shall  not  be entitled to a further rent
increase based upon the installation of similar equipment, or new furni-
ture or furnishings within the useful life of such new equipment, or new
furniture or furnishings.  FOR RENT INCREASES PURSUANT TO THIS PARAGRAPH
THAT  TAKE  EFFECT  AFTER  JANUARY FIRST, TWO THOUSAND TWELVE, THE OWNER
SHALL GIVE WRITTEN NOTICE TO  THE  DIVISION  AND  THE  TENANT  ON  FORMS
PRESCRIBED  BY  THE COMMISSIONER OF HOUSING AND COMMUNITY RENEWAL OF ANY
SUCH ADJUSTMENT PURSUANT TO THIS PARAGRAPH AND THE  FAILURE  TO  PROVIDE
SUCH  WRITTEN  NOTICE  SHALL PRECLUDE THE COLLECTION OF ANY SUCH ADJUST-
MENT.
  S 10.  Paragraph 5-a of subdivision c of section 26-511 of the  admin-
istrative  code  of the city of New York, as added by chapter 116 of the
laws of 1997, is amended to read as follows:
  (5-a) provides that, notwithstanding any provision  of  this  chapter,
the  legal  regulated  rent for any vacancy lease entered into after the
effective date of this paragraph shall be  as  hereinafter  provided  in
this  paragraph.  The  previous  legal  regulated  rent for such housing
accommodation shall be increased by the following: (i)  if  the  vacancy
lease  is  for a term of two years, twenty percent of the previous legal
regulated rent; or (ii) if the vacancy lease is for a term of  one  year
the  increase  shall  be  twenty percent of the previous legal regulated
rent less an amount equal to the difference between  (a)  the  two  year
renewal  lease guideline promulgated by the guidelines board of the city
of New York applied to the previous legal regulated rent and (b) the one
year renewal lease guideline promulgated by the guidelines board of  the
city  of New York applied to the previous legal regulated rent. In addi-
tion, if the legal regulated rent was not increased with respect to such
housing accommodation by a  permanent  vacancy  allowance  within  eight
years  prior  to a vacancy lease executed on or after the effective date
of this paragraph, the legal regulated rent may be further increased  by
an  amount equal to the product resulting from multiplying such previous
legal regulated rent by six-tenths of one percent and further  multiply-
ing  the  amount  of rent increase resulting therefrom by the greater of
(A) the number of years since  the  imposition  of  the  last  permanent
vacancy  allowance,  or (B) if the rent was not increased by a permanent
vacancy allowance since the housing accommodation became subject to this
chapter, the number of years that such housing  accommodation  has  been
subject  to  this chapter. Provided that if the previous legal regulated
rent was less than three hundred dollars the total increase shall be  as
calculated  above plus one hundred dollars per month. Provided, further,
that if the previous legal regulated rent was  at  least  three  hundred
dollars  and  no  more  than  five hundred dollars in no event shall the
total increase pursuant to this  paragraph  be  less  than  one  hundred
dollars  per  month.  Such  increase  shall  be in lieu of any allowance
authorized for the one or two year renewal component thereof, but  shall
be  in addition to any other increases authorized pursuant to this chap-
ter including an adjustment based upon a major capital improvement, or a
substantial modification or increase of dwelling space or  services,  or
installation  of  new  equipment  or  improvements  or  new furniture or
furnishings provided in or to the housing accommodation pursuant to this
section. THE INCREASE AUTHORIZED IN THIS PARAGRAPH SHALL NOT  BE  IMPLE-
MENTED  MORE  THAN  ONE  TIME  IN  ANY CALENDAR YEAR NOTWITHSTANDING THE
NUMBER OF VACANCY LEASES ENTERED INTO IN SUCH YEAR.
  S 11. Subdivision (a-1) of section 10 of section 4 of chapter  576  of
the  laws  of  1974, constituting the emergency tenant protection act of

S. 5758--A                         143

nineteen seventy-four, as added by chapter 116 of the laws of  1997,  is
amended to read as follows:
  (a-1)  provides  that,  notwithstanding any provision of this act, the
legal regulated rent for any vacancy lease entered into after the effec-
tive date of this subdivision shall be as hereinafter set  forth.    The
previous  legal  regulated  rent for such housing accommodation shall be
increased by the following: (i) if the vacancy lease is for  a  term  of
two  years, twenty percent of the previous legal regulated rent; or (ii)
if the vacancy lease is for a term of one year  the  increase  shall  be
twenty percent of the previous legal regulated rent less an amount equal
to  the  difference  between  (a)  the  two year renewal lease guideline
promulgated by the guidelines board of the county in which  the  housing
accommodation  is  located  applied to the previous legal regulated rent
and (b) the one year renewal lease guideline promulgated by  the  guide-
lines  board of the county in which the housing accommodation is located
applied to the previous legal regulated rent. In addition, if the  legal
regulated  rent  was not increased with respect to such housing accommo-
dation by a permanent vacancy allowance within eight years  prior  to  a
vacancy  lease  executed on or after the effective date of this subdivi-
sion, the legal regulated rent may be further  increased  by  an  amount
equal  to  the  product  resulting  from multiplying such previous legal
regulated rent by six-tenths of one percent and further multiplying  the
amount  of  rent  increase resulting therefrom by the greater of (A) the
number of years since the  imposition  of  the  last  permanent  vacancy
allowance,  or  (B) if the rent was not increased by a permanent vacancy
allowance since the housing accommodation became subject  to  this  act,
the  number of years that such housing accommodation has been subject to
this act. Provided that if the previous legal regulated  rent  was  less
than  three  hundred  dollars  the total increase shall be as calculated
above plus one hundred dollars per month.   Provided, further,  that  if
the previous legal regulated rent was at least three hundred dollars and
no  more  than five hundred dollars in no event shall the total increase
pursuant to this subdivision be less than one hundred dollars per month.
Such increase shall be in lieu of any allowance authorized for  the  one
or  two  year renewal component thereof, but shall be in addition to any
other increases authorized pursuant to this act including an  adjustment
based upon a major capital improvement, or a substantial modification or
increase of dwelling space or services, or installation of new equipment
or  improvements  or  new furniture or furnishings provided in or to the
housing accommodation pursuant to section six of this act. THE  INCREASE
AUTHORIZED  IN  THIS  SUBDIVISION SHALL NOT BE IMPLEMENTED MORE THAN ONE
TIME IN ANY CALENDAR YEAR NOTWITHSTANDING THE NUMBER OF  VACANCY  LEASES
ENTERED INTO IN SUCH YEAR.
  S  12.  Subdivision a of section 10 of section 4 of chapter 576 of the
laws of 1974, constituting the emergency tenant protection act of  nine-
teen  seventy-four,  as  amended  by chapter 234 of the laws of 1984, is
amended to read as follows:
  a. For cities having a population of less than one million  and  towns
and  villages, the state division of housing and community renewal shall
be empowered to implement this  act  by  appropriate  regulations.  Such
regulations  may encompass such speculative or manipulative practices or
renting or leasing practices as the state division of housing and commu-
nity renewal determines constitute or are likely to cause  circumvention
of  this act. Such regulations shall prohibit practices which are likely
to prevent any person from asserting any right or remedy granted by this
act, including but not limited to retaliatory  termination  of  periodic

S. 5758--A                         144

tenancies and shall require owners to grant a new one or two year vacan-
cy or renewal lease at the option of the tenant, PROVIDED, HOWEVER, THAT
FOR  VACANCY  AND  RENEWAL LEASES WHICH TAKE EFFECT ON AND AFTER JANUARY
FIRST,  TWO  THOUSAND  TWELVE,  SUCH REGULATIONS SHALL REQUIRE OWNERS TO
GRANT A NEW ONE YEAR VACANCY OR RENEWAL LEASE, except where  a  mortgage
or  mortgage  commitment existing as of the local effective date of this
act provides that the owner shall not grant a one-year lease; and  shall
prescribe  standards with respect to the terms and conditions of new and
renewal leases, additional rent and such  related  matters  as  security
deposits, advance rental payments, the use of escalator clauses in leas-
es and provision for increase in rentals for garages and other ancillary
facilities,  so  as to insure that the level of rent adjustments author-
ized under this law will not be  subverted  and  made  ineffective.  Any
provision  of  the  regulations permitting an owner to refuse to renew a
lease on grounds that the owner seeks to recover possession of the hous-
ing accommodation for his own use and occupancy or for the use and occu-
pancy of his immediate family shall require that  an  owner  demonstrate
immediate  and compelling need and shall not apply where a member of the
housing accommodation is sixty-two years of age or  older,  has  been  a
tenant  in  a housing accommodation in that building for twenty years or
more, or has an impairment which results from anatomical,  physiological
or  psychological conditions, other than addiction to alcohol, gambling,
or any controlled substance, which are demonstrable by medically accept-
able clinical  and  laboratory  diagnostic  techniques,  and  which  are
expected  to  be permanent and which prevent the tenant from engaging in
any substantial gainful employment.
  S 13. Paragraphs 4 and 12 of subdivision c of section  26-511  of  the
administrative  code  of  the  city  of  New York are amended to read as
follows:
  (4) includes provisions requiring owners to grant a one  or  two  year
vacancy or renewal lease at the option of the tenant, PROVIDED, HOWEVER,
THAT FOR VACANCY AND RENEWAL LEASES WHICH TAKE EFFECT ON AND AFTER JANU-
ARY  FIRST, TWO THOUSAND TWELVE, SUCH CODE SHALL REQUIRE OWNERS TO GRANT
A NEW ONE YEAR VACANCY OR RENEWAL LEASE except where a mortgage or mort-
gage commitment existing as of April first, nineteen hundred sixty-nine,
provides that the mortgagor shall not grant a one year lease;
  (12) permits subletting of units  subject  to  this  law  pursuant  to
section  two hundred twenty-six-b of the real property law provided that
(a) the rental charged to the subtenant does not exceed  the  stabilized
rent  plus  a  ten  percent  surcharge payable to the tenant if the unit
sublet was furnished with the tenant's furniture;  (b)  the  tenant  can
establish  that at all times he or she has maintained the unit as his or
her primary residence and intends to occupy it as such at the expiration
of the sublease; (c) an owner may terminate the tenancy of a tenant  who
sublets or assigns contrary to the terms of this paragraph but no action
or  proceeding  based  on  the  non-primary residence of a tenant may be
commenced prior to the expiration date of his or her lease; (d) where an
apartment is sublet the prime tenant shall retain the right to a renewal
lease and the rights and status of a tenant in occupancy as they  relate
to  conversion  to  condominium  or  cooperative  ownership; (e) where a
tenant violates the provisions of subparagraph (a) of this paragraph the
subtenant shall be entitled to damages of three times the overcharge and
may also be awarded attorneys fees and interest from  the  date  of  the
overcharge  at  the  rate  of interest payable on a judgment pursuant to
section five thousand four of the civil practice law and rules; (f)  the
tenant  may  not  sublet  the  unit  for more than a total of two years,

S. 5758--A                         145

including the term of the proposed sublease, out of the four-year period
preceding the termination  date  of  the  proposed  sublease,  PROVIDED,
HOWEVER,  THAT  FOR SUBLEASES COMMENCING ON AND AFTER JANUARY FIRST, TWO
THOUSAND  TWELVE,  A  TENANT  MAY  NOT SUBLET THE UNIT FOR MORE THAN ONE
YEAR. The provisions of this subparagraph shall only apply to  subleases
commencing  on  and after July first, nineteen hundred eighty-three; (g)
for the purposes of this  paragraph  only,  the  term  of  the  proposed
sublease  may  extend  beyond  the  term  of the tenant's lease. In such
event, such sublease shall be subject to the tenant's right to a renewal
lease. The subtenant shall have no right to a renewal lease. It shall be
unreasonable for an owner to refuse to  consent  to  a  sublease  solely
because  such  sublease  extends  beyond  the  tenant's  lease;  and (h)
notwithstanding the provisions of section two  hundred  twenty-six-b  of
the real property law, a not-for-profit hospital shall have the right to
sublet  any housing accommodation leased by it to its affiliated person-
nel without requiring the landlord's consent to any  such  sublease  and
without  being bound by the provisions of subparagraphs (b), (c) and (f)
of this paragraph.  Commencing with the effective date of this  subpara-
graph, whenever a not-for-profit hospital executes a renewal lease for a
housing  accommodation, the legal regulated rent shall be increased by a
sum equal to fifteen percent of the previous lease rental for such hous-
ing accommodation, hereinafter  referred  to  as  a  vacancy  surcharge,
unless  the  landlord  shall  have received within the seven year period
prior to the  commencement  date  of  such  renewal  lease  any  vacancy
increases  or  vacancy surcharges allocable to the said housing accommo-
dation. In the event the landlord shall have received any  such  vacancy
increases  or  vacancy  surcharges  during  such  seven year period, the
vacancy surcharge shall be reduced by the amount received  by  any  such
vacancy increase or vacancy surcharges.
  S  14. Paragraphs 12 and 13 of subdivision a of section 5 of section 4
of chapter 576 of the laws of 1974, constituting  the  emergency  tenant
protection  act  of  nineteen  seventy-four,  paragraph 12 as amended by
chapter 116 of the laws of 1997 and paragraph 13 as amended  by  chapter
82 of the laws of 2003, are amended to read as follows:
  (12) upon issuance of an order by the division, housing accommodations
which  are:  (1)  occupied  by  persons  who have a total AVERAGE annual
income in excess of one hundred seventy-five thousand  dollars  OR,  FOR
INCOME  CERTIFICATION FORMS PROVIDED BY AN OWNER TO A TENANT AFTER JANU-
ARY 1, 2012, TWO HUNDRED THOUSAND DOLLARS per annum [in each of] FOR the
two preceding calendar years, as defined in and subject to  the  limita-
tions  and process set forth in section five-a of this act; and (2) have
a legal regulated rent of [two] ONE thousand  FIVE  HUNDRED  dollars  or
more  per month.   Provided however, that this exclusion shall not apply
to housing accommodations which became or become subject to this act (a)
by virtue of receiving tax benefits pursuant  to  section  four  hundred
twenty-one-a  or  four hundred eighty-nine of the real property tax law,
except as otherwise provided in subparagraph (i)  of  paragraph  (f)  of
subdivision two of section four hundred twenty-one-a of the real proper-
ty tax law, or (b) by virtue of article seven-C of the multiple dwelling
law.
  (13)  IN  A  BUILDING  WITH FIFTY OR FEWER HOUSING ACCOMMODATIONS, any
housing accommodation with a legal regulated rent of  two  thousand  ONE
HUNDRED  dollars  or  more  per month [at any time between the effective
date of this paragraph and October first, nineteen hundred ninety-three]
which is or becomes vacant on or after [the effective date of this para-
graph, or] JUNE 19, 2011, AND IN A BUILDING WITH MORE THAN FIFTY HOUSING

S. 5758--A                         146

ACCOMMODATIONS, any housing accommodation with a legal regulated rent of
two thousand FOUR HUNDRED dollars or more per month [at any time  on  or
after  the  effective  date  of  the rent regulation reform act of 1997]
which  is  or becomes vacant on or after [the effective date of the rent
regulation reform act of 1997] JUNE  19,  2011.  [This  exclusion  shall
apply  regardless  of whether the next tenant in occupancy or any subse-
quent tenant in occupancy actually is charged  or  pays  less  than  two
thousand  dollars  a month.] Provided however, that this exclusion shall
not apply to housing accommodations which became or  become  subject  to
this  act  (a)  by  virtue of receiving tax benefits pursuant to section
four hundred twenty-one-a or four hundred eighty-nine of the real  prop-
erty  tax law, except as otherwise provided in subparagraph (i) of para-
graph (f) of subdivision two of section four hundred twenty-one-a of the
real property tax law, or (b) by virtue of article seven-C of the multi-
ple dwelling law. This paragraph shall not apply, however, to or  become
effective  with respect to housing accommodations which the commissioner
determines or finds that the landlord or any person acting on his or her
behalf, with intent to cause the tenant to vacate, has  engaged  in  any
course  of  conduct  (including,  but  not  limited  to, interruption or
discontinuance of required services) which interfered with or  disturbed
or  was intended to interfere with or disturb the comfort, repose, peace
or quiet of the tenant in his or her use or  occupancy  of  the  housing
accommodations  and in connection with such course of conduct, any other
general enforcement provision of this act shall also apply.
  S 15. Section 5-a of section 4 of chapter 576 of  the  laws  of  1974,
constituting  the  emergency  tenant protection act of nineteen seventy-
four, as added by chapter 253 of the laws of 1993, subdivision  (b)  and
paragraphs  1 and 2 of subdivision (c) as amended and subdivision (e) as
added by chapter 116 of the laws of 1997, is amended to read as follows:
  S 5-a. High income rent decontrol. (a) For purposes of  this  section,
annual  income  shall mean the federal adjusted gross income as reported
on the New York state income tax return. Total annual income  means  the
sum  of the annual incomes of all persons whose names are recited as the
tenant or co-tenant on a lease who occupy the housing accommodation  and
all other persons that occupy the housing accommodation as their primary
residence on other than a temporary basis, excluding bona fide employees
of  such  occupants  residing therein in connection with such employment
and  excluding  bona  fide  subtenants  in  occupancy  pursuant  to  the
provisions of section two hundred twenty-six-b of the real property law.
In  the  case where a housing accommodation is sublet, the annual income
of the tenant or co-tenant recited on the lease who  will  reoccupy  the
housing  accommodation  upon  the  expiration  of  the sublease shall be
considered.
  (b) On or before the first day of May in each calendar year, the owner
of each housing accommodation for which the legal regulated rent is  two
thousand  dollars  or  more  per month may provide the tenant or tenants
residing therein with an income certification form prepared by the divi-
sion of housing and community renewal on which such  tenant  or  tenants
shall  identify  all  persons  referred  to  in  subdivision (a) of this
section and shall certify whether the total AVERAGE annual income is  in
excess of one hundred seventy-five thousand dollars [in each of] OR, FOR
INCOME  CERTIFICATION  FORMS  PROVIDED BY OWNERS TO TENANTS ON AND AFTER
JANUARY 1, 2012, TWO HUNDRED THOUSAND DOLLARS,  FOR  the  two  preceding
calendar  years.  Such  income  certification  form shall state that the
income level certified to by the tenant may be subject  to  verification
by  the  department  of  taxation  and  finance  pursuant to section one

S. 5758--A                         147

hundred seventy-one-b of the tax law, and shall not  require  disclosure
of  any  information other than whether the aforementioned threshold has
been exceeded. Such income certification form shall clearly state  that:
(i)  only  tenants  residing in housing accommodations which had a legal
regulated rent of [two] ONE thousand FIVE HUNDRED dollars  or  more  per
month are required to complete the certification form; (ii) that tenants
have protections available to them which are designed to prevent harass-
ment;  (iii)  that  tenants  are not required to provide any information
regarding their income except that which is requested on  the  form  and
may  contain  such other information the division deems appropriate. The
tenant or tenants shall return the completed certification to the  owner
within  thirty  days  after  service  upon the tenant or tenants. In the
event that the total AVERAGE annual income as certified is in excess  of
one  hundred  seventy-five thousand dollars OR, FOR INCOME CERTIFICATION
FORMS PROVIDED BY OWNERS TO TENANTS ON AND AFTER JANUARY  1,  2012,  TWO
HUNDRED  THOUSAND  DOLLARS,  in  each  such year, the owner may file the
certification with the state division of housing and  community  renewal
on or before June thirtieth of such year. Upon filing such certification
with  the  division,  the  division  shall, within thirty days after the
filing, issue an order providing that such housing  accommodation  shall
not  be subject to the provisions of this act upon the expiration of the
existing lease. A copy of such order shall  be  mailed  by  regular  and
certified mail, return receipt requested, to the tenant or tenants and a
copy thereof shall be mailed to the owner.
  (c)  1.  In the event that the tenant or tenants either fail to return
the completed certification to the owner on or before the date  required
by  subdivision  (b)  of  this section or the owner disputes the certif-
ication returned by the tenant or tenants, the owner may, on  or  before
June  thirtieth of such year, petition the state division of housing and
community renewal to verify, pursuant to section  one  hundred  seventy-
one-b  of  the  tax law, whether the total AVERAGE annual income exceeds
one hundred seventy-five thousand dollars [in each of]  OR,  FOR  INCOME
CERTIFICATION  FORMS  PROVIDED BY OWNERS TO TENANTS ON AND AFTER JANUARY
1, 2012, TWO HUNDRED THOUSAND DOLLARS, FOR the  two  preceding  calendar
years.  Within  twenty  days  after  the filing of such request with the
division, the division shall notify the  tenant  or  tenants  that  such
tenant or tenants named on the lease must provide the division with such
information  as  the division and the department of taxation and finance
shall require to verify whether the total AVERAGE annual income  exceeds
one  hundred  seventy-five  thousand dollars [in each such year] OR, FOR
INCOME CERTIFICATION FORMS PROVIDED BY OWNERS TO TENANTS  ON  AND  AFTER
JANUARY  1,  2012,  TWO  HUNDRED THOUSAND DOLLARS, FOR THE TWO PRECEDING
CALENDAR YEARS. The division's notification shall require the tenant  or
tenants  to provide the information to the division within sixty days of
service upon such tenant or tenants and shall include a warning in  bold
faced  type that failure to respond will result in an order being issued
by the division providing that such housing accommodations shall not  be
subject to the provisions of this act.
  2. If the department of taxation and finance determines that the total
AVERAGE  annual income is in excess of one hundred seventy-five thousand
dollars [in each of] OR, FOR  INCOME  CERTIFICATION  FORMS  PROVIDED  BY
OWNERS  TO  TENANTS  ON  AND AFTER JANUARY 1, 2012, TWO HUNDRED THOUSAND
DOLLARS, FOR the two preceding calendar years, the division shall, on or
before November fifteenth of such year, notify the owner and tenants  of
the  results  of such verification. Both the owner and the tenants shall
have thirty days within which to comment on such  verification  results.

S. 5758--A                         148

Within  forty-five  days after the expiration of the comment period, the
division shall, where appropriate, issue an order  providing  that  such
housing accommodation shall not be subject to the provisions of this act
upon  expiration  of  the  existing lease. A copy of such order shall be
mailed by regular and certified mail, return receipt requested,  to  the
tenant or tenants and a copy thereof shall be sent to the owner.
  3.  In the event the tenant or tenants fail to provide the information
required pursuant to paragraph one of  this  subdivision,  the  division
shall  issue, on or before December first of such year, an order provid-
ing that  such  housing  accommodation  shall  not  be  subject  to  the
provisions  of this act upon the expiration [or] OF the current lease. A
copy of such order shall be mailed by regular and certified mail, return
receipt requested, to the tenant or tenants and a copy thereof shall  be
sent to the owner.
  4.  The  provisions  of the state freedom of information act shall not
apply to any income information obtained by  the  division  pursuant  to
this section.
  (d) This section shall apply only to paragraph twelve of subdivision a
of section five of this act.
  (e)  Upon receipt of such order of decontrol pursuant to this section,
an owner shall offer the housing accommodation subject to such order  to
the  tenant  at  a  rent not in excess of the market rent, which for the
purposes of this section means a rent  obtainable  in  an  arm's  length
transaction.  Such rental offer shall be made by the owner in writing to
the tenant by certified and regular mail and  shall  inform  the  tenant
that  such offer must be accepted in writing within ten days of receipt.
The tenant shall respond within ten days after receipt of such offer. If
the tenant declines the offer or fails to respond  within  such  period,
the  owner may commence an action or proceeding for the eviction of such
tenant.
  S 16. Paragraphs (m) and (n) of subdivision 2 of section 2 of  chapter
274 of the laws of 1946, constituting the emergency housing rent control
law,  paragraph  (m)  as  amended by chapter 116 of the laws of 1997 and
paragraph (n) as amended by chapter 82 of the laws of 2003, are  amended
to read as follows:
  (m)  upon the issuance of an order of decontrol by the division, hous-
ing accommodations which[: (1)] are occupied by persons who have a total
AVERAGE annual income in excess of  one  hundred  seventy-five  thousand
dollars  [in  each  of]  OR,  FOR INCOME CERTIFICATION FORMS PROVIDED BY
OWNERS TO TENANTS ON AND AFTER JANUARY 1,  2012,  TWO  HUNDRED  THOUSAND
DOLLARS  PER  ANNUM  FOR the two preceding calendar years, as defined in
and subject to the limitations and process set forth in section two-a of
this law; and (2) have a maximum rent of [two] ONE thousand FIVE HUNDRED
dollars or more per month.
  (n) IN A BUILDING WITH FIFTY  OR  FEWER  HOUSING  ACCOMMODATIONS,  any
housing  accommodation  with  a maximum rent of two thousand ONE HUNDRED
dollars or more per month [at any time between  the  effective  date  of
this  paragraph  and October first, nineteen hundred ninety-three] which
is or becomes vacant on or after [the effective date of this  paragraph,
or] JUNE 19, 2011, AND IN A BUILDING WITH MORE THAN FIFTY HOUSING ACCOM-
MODATIONS, any housing accommodation with a maximum rent of two thousand
FOUR  HUNDRED  dollars  or  more  per month [at any time on or after the
effective date of the rent regulation reform act of 1997]  which  is  or
becomes  vacant  on  or after [the effective date of the rent regulation
reform act of 1997] JUNE 19, 2011. This exclusion shall apply regardless
of whether the next tenant in occupancy  or  any  subsequent  tenant  in

S. 5758--A                         149

occupancy  actually  is charged or pays less than two thousand dollars a
month. This exclusion shall not apply, however, to or  become  effective
with respect to housing accommodations which the commissioner determines
or  finds  that  the landlord or any person acting on his or her behalf,
with intent to cause the tenant to vacate, has engaged in any course  of
conduct  (including,  but not limited to, interruption or discontinuance
of required services) which interfered with or disturbed or was intended
to interfere with or disturb the comfort, repose, peace or quiet of  the
tenant  in his or her use or occupancy of the housing accommodations and
in connection with such course of conduct, any other general enforcement
provision of this law shall also apply.
  S 17.  Section 2-a of chapter 274 of the laws  of  1946,  constituting
the  emergency  housing rent control law, as added by chapter 253 of the
laws of 1993, subdivision (b) and paragraphs 1 and 2 of subdivision  (c)
as  amended  and  subdivision (e) as added by chapter 116 of the laws of
1997, is amended to read as follows:
  S 2-a. (a) For purposes of this section, annual income shall mean  the
federal  adjusted  gross income as reported on the New York state income
tax return. Total annual income means the sum of the annual  incomes  of
all  persons who occupy the housing accommodation as their primary resi-
dence on other than a temporary basis, excluding bona fide employees  of
such  occupants  residing therein in connection with such employment and
excluding bona fide subtenants in occupancy pursuant to  the  provisions
of  section  two  hundred twenty-six-b of the real property law.  In the
case where a housing accommodation is sublet, the annual income  of  the
sublessor shall be considered.
  (b) On or before the first day of May in each calendar year, the owner
of  each  housing  accommodation for which the maximum rent is [two] ONE
thousand FIVE HUNDRED dollars or more per month may provide  the  tenant
or  tenants  residing therein with an income certification form prepared
by the division of housing and community renewal on which such tenant or
tenants shall identify all persons referred to  in  subdivision  (a)  of
this  section  and shall certify whether the total AVERAGE annual income
is in excess of one hundred seventy-five thousand dollars [in  each  of]
OR,  FOR INCOME CERTIFICATION FORMS PROVIDED BY OWNERS TO TENANTS ON AND
AFTER JANUARY 1, 2012, TWO HUNDRED THOUSAND DOLLARS, FOR the two preced-
ing calendar years. Such income certification form shall state that  the
income  level  certified to by the tenant may be subject to verification
by the department of  taxation  and  finance  pursuant  to  section  one
hundred seventy-one-b of the tax law and shall not require disclosure of
any  income  information other than whether the aforementioned threshold
has been exceeded. Such income certification form  shall  clearly  state
[that]:  (i) only tenants residing in housing accommodations which had a
maximum  rent  of  [two]  ONE  thousand FIVE HUNDRED dollars or more per
month are required to complete the certification form; (ii) that tenants
have protections available to them which are designed to prevent harass-
ment; (iii) that tenants are not required  to  provide  any  information
regarding  their  income  except that which is requested on the form and
may contain such other information the division deems  appropriate.  The
tenant  or tenants shall return the completed certification to the owner
within thirty days after service upon the  tenant  or  tenants.  In  the
event  that the total AVERAGE annual income as certified is in excess of
one hundred seventy-five thousand dollars [in each such  year]  OR,  FOR
INCOME  CERTIFICATION  FORMS  PROVIDED BY OWNERS TO TENANTS ON AND AFTER
JANUARY 1, 2012, TWO HUNDRED THOUSAND DOLLARS,  FOR  THE  TWO  PRECEDING
CALENDAR  YEARS,  the  owner  may  file the certification with the state

S. 5758--A                         150

division of housing and community renewal on or before June thirtieth of
such year. Upon filing such certification with the division,  the  divi-
sion  shall,  within  thirty  days  after  the filing, issue an order of
decontrol  providing  that  such  housing  accommodations  shall  not be
subject to the provisions of this law as of the first day of June in the
year next succeeding the filing of the certification  by  the  owner.  A
copy of such order shall be mailed by regular and certified mail, return
receipt  requested, to the tenant or tenants and a copy thereof shall be
mailed to the owner.
  (c) 1. In the event that the tenant or tenants either fail  to  return
the  completed certification to the owner on or before the date required
by subdivision (b) of this section or the  owner  disputes  the  certif-
ication  returned  by the tenant or tenants, the owner may, on or before
June thirtieth of such year, petition the state division of housing  and
community  renewal  to  verify, pursuant to section one hundred seventy-
one-b of the tax law, whether the total AVERAGE  annual  income  exceeds
one  hundred  seventy-five  thousand dollars [in each of] OR, FOR INCOME
CERTIFICATION FORMS PROVIDED BY OWNERS TO TENANTS ON AND  AFTER  JANUARY
1,  2012,  TWO  HUNDRED THOUSAND DOLLARS, FOR the two preceding calendar
years. Within twenty days after the filing  of  such  request  with  the
division,  the  division  shall  notify  the tenant or tenants that such
tenant or tenants must provide the division with such information as the
division and the department of taxation and  finance  shall  require  to
verify  whether  the  total  AVERAGE  annual  income exceeds one hundred
seventy-five thousand dollars [in each such year] OR, FOR INCOME CERTIF-
ICATION FORMS PROVIDED BY OWNERS TO TENANTS  ON  AND  AFTER  JANUARY  1,
2012,  TWO  HUNDRED  THOUSAND  DOLLARS,  FOR  THE TWO PRECEDING CALENDAR
YEARS.  The division's notification shall require the tenant or  tenants
to  provide the information to the division within sixty days of service
upon such tenant or tenants and shall include a warning  in  bold  faced
type  that failure to respond will result in an order of decontrol being
issued by the division for such housing accommodation.
  2. If the department of taxation and finance determines that the total
AVERAGE annual income is in excess of one hundred seventy-five  thousand
dollars  [in  each  of]  OR,  FOR INCOME CERTIFICATION FORMS PROVIDED BY
OWNERS TO TENANTS ON AND AFTER JANUARY 1,  2012,  TWO  HUNDRED  THOUSAND
DOLLARS, FOR the two preceding calendar years, the division shall, on or
before  November fifteenth of such year, notify the owner and tenants of
the results of such verification. Both the owner and the  tenants  shall
have  thirty  days within which to comment on such verification results.
Within forty-five days after the expiration of the comment  period,  the
division shall, where appropriate, issue an order of decontrol providing
that  such  housing accommodation shall not be subject to the provisions
of this law as of the first day of March in the year next succeeding the
filing of the owner's petition with the division. A copy of  such  order
shall be mailed by regular and certified mail, return receipt requested,
to the tenant or tenants and a copy thereof shall be sent to the owner.
  3.  In the event the tenant or tenants fail to provide the information
required pursuant to paragraph one of  this  subdivision,  the  division
shall  issue,  on  or  before  December  first of such year, an order of
decontrol providing that such housing accommodation shall not be subject
to the provisions of this law as of the first day of March in  the  year
next  succeeding  the  last  day  on  which  the  tenant or tenants were
required to provide the information required by such paragraph.  A  copy
of  such  order  shall  be  mailed by regular and certified mail, return

S. 5758--A                         151

receipt requested, to the tenant or tenants and a copy thereof shall  be
sent to the owner.
  4.  The  provisions  of the state freedom of information act shall not
apply to any income information obtained by  the  division  pursuant  to
this section.
  S  18.  Section 26-504.1 of the administrative code of the city of New
York, as amended by chapter 116 of the laws of 1997, is amended to  read
as follows:
  S  26-504.1  Exclusion  of accommodations of high income renters. Upon
the issuance of an order by the division, "housing accommodations" shall
not include housing accommodations which: (1) are  occupied  by  persons
who  have  a total AVERAGE annual income in excess of one hundred seven-
ty-five thousand dollars OR, FOR INCOME CERTIFICATION FORMS PROVIDED  BY
OWNERS  TO  TENANTS  ON  AND AFTER JANUARY 1, 2012, TWO HUNDRED THOUSAND
DOLLARS per annum for [each of] the two  preceding  calendar  years,  as
defined  in  and  subject  to  the  limitations and process set forth in
section 26-504.3 of this chapter; and (2) have a legal regulated rent of
[two] ONE thousand FIVE HUNDRED dollars or  more  per  month.  Provided,
however,  that  this exclusion shall not apply to housing accommodations
which became or become subject to this law (a) by  virtue  of  receiving
tax  benefits  pursuant  to  section  four  hundred twenty-one-a or four
hundred eighty-nine of the real property tax law,  except  as  otherwise
provided  in  subparagraph  (i)  of  paragraph (f) of subdivision two of
section four hundred twenty-one-a of the real property tax law,  or  (b)
by virtue of article seven-C of the multiple dwelling law.
  S  19.  Section 26-504.2 of the administrative code of the city of New
York, as amended by chapter 116 of the laws of 1997,  subdivision  a  as
amended  by  chapter 82 of the laws of 2003, subdivision b as amended by
local law number 12 of the city of  New  York  for  the  year  2000,  is
amended to read as follows:
  S 26-504.2 Exclusion of high rent accommodations. a. "Housing accommo-
dations"  shall  not  include  IN A BUILDING WITH FIFTY OR FEWER HOUSING
ACCOMMODATIONS, any housing accommodation which  becomes  vacant  on  or
after  [April first, nineteen hundred ninety-seven and where at the time
the tenant vacated such housing accommodation the] JUNE NINETEENTH,  TWO
THOUSAND  ELEVEN  WITH  A legal regulated rent [was] OF two thousand ONE
HUNDRED dollars or more per month, [or] AND IN A BUILDING WITH MORE THAN
FIFTY HOUSING ACCOMMODATIONS, any  housing  accommodation  which  is  or
becomes  vacant  on  or after [the effective date of the rent regulation
reform act of 1997] JUNE NINETEENTH, TWO THOUSAND ELEVEN  with  a  legal
regulated  rent  of two thousand FOUR HUNDRED dollars or more per month.
This exclusion shall apply regardless of  whether  the  next  tenant  in
occupancy  or  any subsequent tenant in occupancy actually is charged or
pays less than two thousand dollars a month. Provided however, that this
exclusion shall not apply to  housing  accommodations  which  became  or
become  subject  to  this  law  (a)  by virtue of receiving tax benefits
pursuant to section four hundred twenty-one-a or  four  hundred  eighty-
nine  of  the  real  property  tax  law, except as otherwise provided in
subparagraph (i) of paragraph (f) of subdivision  two  of  section  four
hundred  twenty-one-a  of the real property tax law, or (b) by virtue of
article seven-C of the multiple dwelling law.  This  section  shall  not
apply,  however, to or become effective with respect to housing accommo-
dations which the commissioner determines or finds that the landlord  or
any  person acting on his or her behalf, with intent to cause the tenant
to vacate, engaged in any course of conduct (including, but not  limited
to, interruption or discontinuance of required services) which interfer-

S. 5758--A                         152

ed  with  or  disturbed or was intended to interfere with or disturb the
comfort, repose, peace or quiet of the tenant in his or her use or occu-
pancy of the housing accommodations and in connection with  such  course
of  conduct,  any  other general enforcement provision of this law shall
also apply.
  b. The owner of any housing accommodation that is not subject to  this
law  pursuant  to  the  provisions  of  subdivision a of this section or
subparagraph k of paragraph 2 of subdivision e of section 26-403 of this
code shall give written notice certified by  such  owner  to  the  first
tenant  of  that  housing accommodation after such housing accommodation
becomes exempt from the provisions of this law  or  the  city  rent  and
rehabilitation  law.  Such notice shall contain the last regulated rent,
the reason that such housing accommodation is not subject to this law or
the city rent and rehabilitation law, a calculation of  how  either  the
rental  amount  charged  when  there  is  no  lease or the rental amount
provided for in the lease has been derived so as to reach, IN A BUILDING
WITH FIFTY OR FEWER HOUSING ACCOMMODATIONS,  two  thousand  ONE  HUNDRED
dollars  or  more  per  month  FOR ANY HOUSING ACCOMMODATION WHICH IS OR
BECOMES VACANT ON OR AFTER JUNE NINETEENTH, TWO THOUSAND ELEVEN, AND  IN
A  BUILDING  WITH  MORE  THAN FIFTY HOUSING ACCOMMODATIONS, TWO THOUSAND
FOUR HUNDRED DOLLARS OR MORE PER MONTH  FOR  ANY  HOUSING  ACCOMMODATION
WHICH  IS  OR  BECOMES  VACANT ON OR AFTER JUNE NINETEENTH, TWO THOUSAND
ELEVEN, a statement that the last legal regulated rent  or  the  maximum
rent  may  be verified by the tenant by contacting the state division of
housing and community renewal, or any successor thereto, and the address
and telephone number of such agency,  or  any  successor  thereto.  Such
notice  shall  be  sent  by  certified mail within thirty days after the
tenancy commences or after the signing of the  lease  by  both  parties,
whichever  occurs first or shall be delivered to the tenant at the sign-
ing of the lease. In addition, the owner shall send and certify  to  the
tenant  a  copy  of the registration statement for such housing accommo-
dation filed with the state division of housing  and  community  renewal
indicating  that  such  housing  accommodation  became  exempt  from the
provisions of this law or the city rent and  rehabilitation  law,  which
form  shall  include  the  last regulated rent, and shall be sent to the
tenant within thirty days after the tenancy commences or the  filing  of
such registration, whichever occurs later.
  S  20.  Section 26-504.3 of the administrative code of the city of New
York, as added by chapter 253 of the laws of 1993, subdivision  (b)  and
paragraphs  1 and 2 of subdivision (c) as amended and subdivision (e) as
added by chapter 116 of the laws of 1997, is amended to read as follows:
  S 26-504.3 High income  rent  decontrol.  (a)  For  purposes  of  this
section,  annual  income shall mean the federal adjusted gross income as
reported on the New York state income tax return.  Total  annual  income
means  the  sum  of  the  annual  incomes of all persons whose names are
recited as the tenant or co-tenant on a lease  who  occupy  the  housing
accommodation  and  all  other  persons that occupy the housing accommo-
dation as their primary residence  on  other  than  a  temporary  basis,
excluding  bona  fide  employees  of  such occupants residing therein in
connection with such employment and excluding bona  fide  subtenants  in
occupancy pursuant to the provisions of section two hundred twenty-six-b
of  the  real property law. In the case where a housing accommodation is
sublet, the annual income of the tenant  or  co-tenant  recited  on  the
lease who will reoccupy the housing accommodation upon the expiration of
the sublease shall be considered.

S. 5758--A                         153

  (b) On or before the first day of May in each calendar year, the owner
of  each  housing  accommodation  for  which the legal regulated rent is
[two] ONE thousand FIVE HUNDRED dollars or more per  month  may  provide
the tenant or tenants residing therein with an income certification form
prepared  by the division of housing and community renewal on which such
tenant or tenants shall identify all persons referred to in  subdivision
(a)  of  this section and shall certify whether the total AVERAGE annual
income is in excess of one hundred  seventy-five  thousand  dollars  [in
each  of]  OR,  FOR  INCOME  CERTIFICATION  FORMS  PROVIDED BY OWNERS TO
TENANTS ON AND AFTER JANUARY FIRST, TWO  THOUSAND  TWELVE,  TWO  HUNDRED
THOUSAND  DOLLARS,  FOR  the  two  preceding calendar years. Such income
certification form shall state that the income level certified to by the
tenant may be subject to verification by the department of taxation  and
finance pursuant to section one hundred seventy-one-b of the tax law and
shall not require disclosure of any income information other than wheth-
er  the  aforementioned threshold has been exceeded. Such income certif-
ication form shall clearly state that:   (i) only  tenants  residing  in
housing  accommodations  which  have a legal regulated rent of [two] ONE
thousand FIVE HUNDRED dollars or more per month are required to complete
the certification form; (ii) that tenants have protections available  to
them  which  are  designed to prevent harassment; (iii) that tenants are
not required to provide any information regarding  their  income  except
that  which is requested on the form and may contain such other informa-
tion the division deems appropriate. The tenant or tenants shall  return
the  completed  certification  to  the  owner  within  thirty days after
service upon the tenant or tenants. In the event that the total  AVERAGE
annual  income  as  certified  is  in excess of one hundred seventy-five
thousand dollars [in each such year] OR, FOR INCOME CERTIFICATION  FORMS
PROVIDED  BY  OWNERS TO TENANTS ON AND AFTER JANUARY FIRST, TWO THOUSAND
TWELVE, TWO HUNDRED THOUSAND DOLLARS, FOR  THE  TWO  PRECEDING  CALENDAR
YEARS,  the  owner may file the certification with the state division of
housing and community renewal on or before June thirtieth of such  year.
Upon  filing  such  certification with the division, the division shall,
within thirty days after the filing, issue an order providing that  such
housing accommodation shall not be subject to the provisions of this act
upon the expiration of the existing lease. A copy of such order shall be
mailed  by  regular and certified mail, return receipt requested, to the
tenant or tenants and a copy thereof shall be mailed to the owner.
  (c) 1. In the event that the tenant or tenants either fail  to  return
the  completed certification to the owner on or before the date required
by subdivision (b) of this section or the  owner  disputes  the  certif-
ication  returned  by the tenant or tenants, the owner may, on or before
June thirtieth of such year, petition the state division of housing  and
community  renewal  to  verify, pursuant to section one hundred seventy-
one-b of the tax law, whether the total AVERAGE  annual  income  exceeds
one  hundred  seventy-five  thousand dollars [in each of] OR, FOR INCOME
CERTIFICATION FORMS PROVIDED BY OWNERS TO TENANTS ON AND  AFTER  JANUARY
FIRST,  TWO  THOUSAND  TWELVE, TWO HUNDRED THOUSAND DOLLARS, FOR the two
preceding calendar years. Within twenty days after the  filing  of  such
request  with  the  division,  the  division  shall notify the tenant or
tenants named on the lease that such tenant or tenants must provide  the
division  with  such  information  as the division and the department of
taxation and finance shall require to verify whether  the  total  annual
income  exceeds one hundred seventy-five thousand dollars OR, FOR INCOME
CERTIFICATION FORMS PROVIDED BY OWNERS TO TENANTS ON AND  AFTER  JANUARY
FIRST,  TWO  THOUSAND TWELVE, TWO HUNDRED THOUSAND DOLLARS, in each such

S. 5758--A                         154

year. The division's notification shall require the tenant or tenants to
provide the information to the division within  sixty  days  of  service
upon  such  tenant  or tenants and shall include a warning in bold faced
type that failure to respond will result in an order being issued by the
division  providing that such housing accommodation shall not be subject
to the provisions of this law.
  2. If the department of taxation and finance determines that the total
AVERAGE annual income is in excess of one hundred seventy-five  thousand
dollars  [in  each  of]  OR,  FOR INCOME CERTIFICATION FORMS PROVIDED BY
OWNERS TO TENANTS ON AND AFTER JANUARY FIRST, TWO THOUSAND  TWELVE,  TWO
HUNDRED  THOUSAND  DOLLARS,  FOR  the  two preceding calendar years, the
division shall, on or before November fifteenth of such year, notify the
owner and tenants of the results of such verification.  Both  the  owner
and  the  tenants shall have thirty days within which to comment on such
verification results.  Within forty-five days after  the  expiration  of
the  comment  period,  the  division  shall, where appropriate, issue an
order providing that such housing accommodation shall not be subject  to
the  provisions of this law upon the expiration of the existing lease. A
copy of such order shall be mailed by regular and certified mail, return
receipt requested, to the tenant or tenants and a copy thereof shall  be
sent to the owner.
  3.  In the event the tenant or tenants fail to provide the information
required pursuant to paragraph one of  this  subdivision,  the  division
shall  issue, on or before December first of such year, an order provid-
ing that  such  housing  accommodation  shall  not  be  subject  to  the
provisions  of this law upon the expiration of the current lease. A copy
of such order shall be mailed by  regular  and  certified  mail,  return
receipt  requested, to the tenant or tenants and a copy thereof shall be
sent to the owner.
  4. The provisions of the state freedom of information  act  shall  not
apply  to  any  income  information obtained by the division pursuant to
this section.
  (d) This section shall apply only to section 26-504.1 of this code.
  (e) Upon receipt of such order of decontrol pursuant to this  section,
an  owner shall offer the housing accommodation subject to such order to
the tenant at a rent not in excess of the market  rent,  which  for  the
purposes  of  this  section  means  a rent obtainable in an arm's length
transaction. Such rental offer shall be made by the owner in writing  to
the  tenant  by  certified  and regular mail and shall inform the tenant
that such offer must be accepted in writing within ten days of  receipt.
The tenant shall respond within ten days after receipt of such offer. If
the  tenant  declines  the offer or fails to respond within such period,
the owner may commence an action or proceeding for the eviction of  such
tenant.
  S  21.  Subparagraphs  (j)  and (k) of paragraph 2 of subdivision e of
section 26-403 of the administrative code  of  the  city  of  New  York,
subparagraph  (j)  as  amended  by  chapter  116 of the laws of 1997 and
subparagraph (k) as amended by chapter 82  of  the  laws  of  2003,  are
amended to read as follows:
  (j)  Upon the issuance of an order of decontrol by the division, hous-
ing accommodations which: (1) are occupied by persons who have  a  total
AVERAGE  annual  income  in  excess of one hundred seventy-five thousand
dollars OR, FOR INCOME CERTIFICATION FORMS PROVIDED BY OWNERS TO TENANTS
ON AND AFTER JANUARY FIRST, TWO THOUSAND TWELVE,  TWO  HUNDRED  THOUSAND
DOLLARS, per annum [in each of] FOR the two preceding calendar years, as
defined  in  and  subject  to  the  limitations and process set forth in

S. 5758--A                         155

section 26-403.1 of this chapter; and (2) have a maximum rent  of  [two]
ONE  thousand  FIVE HUNDRED dollars or more per month. Provided however,
that this exclusion shall not  apply  to  housing  accommodations  which
became or become subject to this law by virtue of receiving tax benefits
pursuant  to  section  four hundred eighty-nine of the real property tax
law.
  (k) [Any] IN A BUILDING WITH FIFTY OR  FEWER  HOUSING  ACCOMMODATIONS,
ANY housing accommodation which becomes vacant on or after [April first,
nineteen  hundred  ninety-seven and where at the time the tenant vacated
such housing accommodation the] JUNE  NINETEENTH,  TWO  THOUSAND  ELEVEN
WITH  A  maximum  rent [was] OF two thousand ONE HUNDRED dollars or more
per month, [or] IN A BUILDING WITH  MORE  THAN  FIFTY  HOUSING  ACCOMMO-
DATIONS,  any  housing  accommodation  which  is or becomes vacant on or
after [the effective date of the rent regulation  reform  act  of  1997]
JUNE NINETEENTH, TWO THOUSAND ELEVEN with a maximum rent of two thousand
FOUR  HUNDRED  dollars  or  more per month.   This exclusion shall apply
regardless of whether the next tenant in  occupancy  or  any  subsequent
tenant  in  occupancy actually is charged or pays less than two thousand
ONE HUNDRED dollars a month OR  TWO  THOUSAND  FOUR  HUNDRED  DOLLARS  A
MONTH, AS THE CASE MAY BE, DEPENDING UPON THE NUMBER OF HOUSING ACCOMMO-
DATIONS  IN  SUCH  BUILDING. Provided however, that this exclusion shall
not apply to housing accommodations which became or  become  subject  to
this  law  by  virtue of receiving tax benefits pursuant to section four
hundred eighty-nine of the real  property  tax  law.  This  subparagraph
shall not apply, however, to or become effective with respect to housing
accommodations which the commissioner determines or finds that the land-
lord or any person acting on his or her behalf, with intent to cause the
tenant  to  vacate, has engaged in any course of conduct (including, but
not limited to, interruption or  discontinuance  of  required  services)
which  interfered with or disturbed or was intended to interfere with or
disturb the comfort, repose, peace or quiet of the tenant in his or  her
use  or  occupancy  of the housing accommodations and in connection with
such course of conduct, any other general enforcement provision of  this
law shall also apply.
  S  22.  Section 26-403.1 of the administrative code of the city of New
York, as added by chapter 253 of the laws of 1993, subdivision  (b)  and
paragraphs  1 and 2 of subdivision (c) as amended and subdivision (e) as
added by chapter 116 of the laws of 1997, is amended to read as follows:
  S 26-403.1 High income  rent  decontrol.  (a)  For  purposes  of  this
section,  annual  income shall mean the federal adjusted gross income as
reported on the New York state income tax return.  Total  annual  income
means  the sum of the annual incomes of all persons who occupy the hous-
ing accommodation as their primary residence other than on  a  temporary
basis,  excluding bona fide employees of such occupants residing therein
in connection with such employment and excluding bona fide subtenants in
occupancy pursuant to the provisions of section two hundred twenty-six-b
of the real property law. In the case where a housing  accommodation  is
sublet, the annual income of the sublessor shall be considered.
  (b) On or before the first day of May in each calendar year, the owner
of  each  housing  accommodation for which the maximum rent is [two] ONE
thousand FIVE HUNDRED dollars or more per month may provide  the  tenant
or  tenants  residing therein with an income certification form prepared
by the division of housing and community renewal on which such tenant or
tenants shall identify all persons referred to  in  subdivision  (a)  of
this  section  and shall certify whether the total AVERAGE annual income
is in excess of one hundred seventy-five thousand dollars [in  each  of]

S. 5758--A                         156

OR,  FOR INCOME CERTIFICATION FORMS PROVIDED BY OWNERS TO TENANTS ON AND
AFTER JANUARY FIRST, TWO THOUSAND TWELVE, TWO HUNDRED THOUSAND  DOLLARS,
FOR  the  two  preceding  calendar years. Such income certification form
shall  state  that  the  income  level certified to by the tenant may be
subject to verification by the department of taxation and finance pursu-
ant to section one hundred seventy-one-b of the tax law  and  shall  not
require  disclosure  of  any  income  information other than whether the
aforementioned threshold has been exceeded.  Such  income  certification
form  shall  clearly  state  that:  (i) only tenants residing in housing
accommodations which have a maximum rent  of  [two]  ONE  thousand  FIVE
HUNDRED  dollars  or more per month are required to complete the certif-
ication form; (ii) that tenants have protections available to them which
are designed to prevent harassment; (iii) that tenants are not  required
to  provide  any information regarding their income except that which is
requested on the form and may contain such other information  the  divi-
sion deems appropriate. The tenant or tenants shall return the completed
certification  to  the  owner  within thirty days after service upon the
tenant or tenants. In the event that the total AVERAGE annual income  as
certified  is in excess of one hundred seventy-five thousand dollars [in
each such year] OR, FOR INCOME CERTIFICATION FORMS PROVIDED BY OWNERS TO
TENANTS ON AND AFTER JANUARY FIRST, TWO  THOUSAND  TWELVE,  TWO  HUNDRED
THOUSAND  DOLLARS,  FOR  THE TWO PRECEDING CALENDAR YEARS, the owner may
file the certification with the state division of housing and  community
renewal  on  or  before  June  thirtieth  of such year. Upon filing such
certification with the division, the division shall, within thirty  days
after  the filing, issue an order of decontrol providing that such hous-
ing accommodations shall not be subject to the provisions of this law as
of the first day of June in the year next succeeding the filing  of  the
certification  by  the  owner.  A  copy of such order shall be mailed by
regular and certified mail, return receipt requested, to the  tenant  or
tenants and a copy thereof shall be mailed to the owner.
  (c)  1.  In the event that the tenant or tenants either fail to return
the completed certification to the owner on or before the date  required
by  subdivision  (b)  of  this section or the owner disputes the certif-
ication returned by the tenant or tenants, the owner may, on  or  before
June  thirtieth of such year, petition the state division of housing and
community renewal to verify, pursuant to section  one  hundred  seventy-
one-b  of  the  tax law, whether the total AVERAGE annual income exceeds
one hundred seventy-five thousand dollars [in each of]  OR,  FOR  INCOME
CERTIFICATION  FORMS  PROVIDED BY OWNERS TO TENANTS ON AND AFTER JANUARY
FIRST, TWO THOUSAND TWELVE, TWO HUNDRED THOUSAND  DOLLARS  FOR  the  two
preceding  calendar  years.  Within twenty days after the filing of such
request with the division, the  division  shall  notify  the  tenant  or
tenants  that such tenant or tenants must provide the division with such
information as the division and the department of taxation  and  finance
shall  require to verify whether the total AVERAGE annual income exceeds
one hundred seventy-five thousand dollars [in each such  year]  OR,  FOR
INCOME  CERTIFICATION  FORMS  PROVIDED BY OWNERS TO TENANTS ON AND AFTER
JANUARY FIRST, TWO THOUSAND TWELVE, TWO HUNDRED  THOUSAND  DOLLARS,  FOR
THE  TWO  PRECEDING  CALENDAR  YEARS.  The division's notification shall
require the tenant or tenants to provide the information to the division
within sixty days of service upon  such  tenant  or  tenants  and  shall
include a warning in bold faced type that failure to respond will result
in  an  order of decontrol being issued by the division for such housing
accommodation.

S. 5758--A                         157

  2. If the department of taxation and finance determines that the total
annual income is in excess of one hundred seventy-five thousand  dollars
[in  each  of]  OR, FOR INCOME CERTIFICATION FORMS PROVIDED BY OWNERS TO
TENANTS ON AND AFTER JANUARY FIRST, TWO  THOUSAND  TWELVE,  TWO  HUNDRED
THOUSAND  DOLLARS,  FOR  the  two preceding calendar years, the division
shall, on or before November fifteenth of such year,  notify  the  owner
and  tenants of the results of such verification. Both the owner and the
tenants shall have thirty days within which to comment on such verifica-
tion results.   Within forty-five  days  after  the  expiration  of  the
comment period, the division shall, where appropriate, issue an order of
decontrol providing that such housing accommodation shall not be subject
to  the  provisions of this law as of the first day of March in the year
next succeeding the filing of the owner's petition with the division.  A
copy of such order shall be mailed by regular and certified mail, return
receipt  requested, to the tenant or tenants and a copy thereof shall be
sent to the owner.
  3. In the event the tenant or tenants fail to provide the  information
required  pursuant  to  paragraph  one of this subdivision, the division
shall issue, on or before December first  of  such  year,  an  order  of
decontrol providing that such housing accommodation shall not be subject
to  the  provisions of this law as of the first day of March in the year
next succeeding the last  day  on  which  the  tenant  or  tenants  were
required  to  provide the information required by such paragraph. A copy
of such order shall be mailed by  regular  and  certified  mail,  return
receipt  requested, to the tenant or tenants and a copy thereof shall be
sent to the owner.
  4. The provisions of the state freedom of information  act  shall  not
apply  to  any  income  information obtained by the division pursuant to
this section.
  (d) This section shall apply only to subparagraph (j) of paragraph two
of subdivision e of section 26-403 of this code.
  (e) Upon receipt of such order of decontrol pursuant to this  section,
an  owner shall offer the housing accommodation subject to such order to
the tenant at a rent not in excess of the market  rent,  which  for  the
purposes  of  this  section  means  a rent obtainable in an arm's length
transaction. Such rental offer shall be made by the owner in writing  to
the  tenant  by  certified  and regular mail and shall inform the tenant
that such offer must be accepted in writing within ten days of  receipt.
The tenant shall respond within ten days after receipt of such offer. If
the  tenant  declines  the offer or fails to respond within such period,
the owner may commence an action or proceeding for the eviction of  such
tenant.
  S  23.  No  provision of this act shall be construed to affect, in any
manner whatsoever, the deregulation of any housing accommodations effec-
tuated pursuant to any of the foregoing provisions of law in  effect  as
of or prior to the date of the enactment of this act.
  S 24. This act shall take effect immediately.

                                SUBPART C

  Section 1. Clause 10 of subparagraph (i) of paragraph 2 of subdivision
e  of section 26-403 of the administrative code of the city of New York,
as amended by chapter 422 of the laws of 2010, is  amended  to  read  as
follows:
  (10)  Housing accommodations not occupied by the tenant, not including
subtenants or occupants, as his or her primary residence, as  determined

S. 5758--A                         158

by  a  court  of competent jurisdiction. For the purposes of determining
primary residency, a tenant who is a victim  of  domestic  violence,  as
defined in section four hundred fifty-nine-a of the social services law,
who  has  left  the  unit  because  of such violence, and who asserts an
intent to return to the housing accommodation  shall  be  deemed  to  be
occupying  the  unit  as  his  or her primary residence. FOR PURPOSES OF
DETERMINING PRIMARY RESIDENCY, AS SUCH TERM IS USED IN THIS CHAPTER, THE
FOLLOWING SHALL APPLY: (I) THE FAILURE TO FILE A  CITY  RESIDENT  INCOME
TAX RETURN BY AN INDIVIDUAL REQUIRED BY LAW TO FILE SUCH A RETURN, SHALL
RESULT  IN  A  DETERMINATION THAT THE TENANT DOES NOT OCCUPY THE HOUSING
ACCOMMODATION AS HIS OR HER PRIMARY RESIDENCE; PROVIDED,  HOWEVER,  THAT
THIS  PROVISION  SHALL  NOT  APPLY TO AN INDIVIDUAL WHO HAS REQUESTED AN
EXTENSION OF TIME FOR PAYMENT OF TAX OR WHERE ANY  OTHER  FACTOR  EXISTS
WHICH  WOULD  EXCUSE  THE TIMELY FILING OF THE RETURN; PROVIDED FURTHER,
THAT THE TIMELY FILING OF SUCH RETURN  SHALL  NOT,  IN  AND  OF  ITSELF,
RESULT  IN  A  DETERMINATION THAT THE INDIVIDUAL DOES OCCUPY THE HOUSING
ACCOMMODATION AS HIS OR HER PRIMARY RESIDENCE OR (II) A VOTE IS CAST  BY
A  TENANT  DURING  THEIR TENANCY IN ANY ELECTION HELD IN ACCORDANCE WITH
THE PROVISIONS OF THE ELECTION LAW CONDUCTED IN  ANY  ELECTION  DISTRICT
OTHER  THAN  THE ONE DESIGNATED FOR THE HOUSING ACCOMMODATION LOCATED IN
THE CITY SHALL RESULT IN A DETERMINATION THAT THE TENANT DOES NOT OCCUPY
THE HOUSING ACCOMMODATION AS HIS OR HER PRIMARY RESIDENCE. No action  or
proceeding  shall  be  commenced  seeking  to  recover possession on the
ground that a housing accommodation is not occupied by the tenant as his
or her primary residence unless the owner or  lessor  shall  have  given
thirty  days  notice  to  the tenant of his or her intention to commence
such action or proceeding on such grounds.
  S 2. Subparagraph (f) of paragraph  1  of  subdivision  a  of  section
26-504 of the administrative code of the city of New York, as amended by
chapter 422 of the laws of 2010, is amended to read as follows:
  (f) not occupied by the tenant, not including subtenants or occupants,
as  his  or her primary residence, as determined by a court of competent
jurisdiction[, provided, however that no].  FOR PURPOSES OF  DETERMINING
PRIMARY  RESIDENCY,  AS SUCH TERM IS USED IN THIS CHAPTER, THE FOLLOWING
SHALL APPLY: (I) THE FAILURE TO FILE A CITY RESIDENT INCOME  TAX  RETURN
BY  AN INDIVIDUAL REQUIRED BY LAW TO FILE SUCH A RETURN, SHALL RESULT IN
A DETERMINATION THAT THE TENANT DOES NOT  OCCUPY  THE  HOUSING  ACCOMMO-
DATION  AS  HIS  OR  HER PRIMARY RESIDENCE; PROVIDED, HOWEVER, THAT THIS
PROVISION SHALL NOT APPLY TO AN INDIVIDUAL WHO HAS REQUESTED  AN  EXTEN-
SION  OF  TIME FOR PAYMENT OF TAX OR WHERE ANY OTHER FACTOR EXISTS WHICH
WOULD EXCUSE THE TIMELY FILING OF SUCH RETURN;  PROVIDED  FURTHER,  THAT
THE  TIMELY FILING OF SUCH RETURN SHALL NOT, IN AND OF ITSELF, RESULT IN
A DETERMINATION THAT THE INDIVIDUAL DOES  OCCUPY  THE  HOUSING  ACCOMMO-
DATION  AS  HIS OR HER PRIMARY RESIDENCE OR (II) A VOTE CAST BY A TENANT
DURING TENANCY IN ANY ELECTION HELD IN ACCORDANCE WITH THE PROVISIONS OF
THE ELECTION LAW CONDUCTED IN ANY ELECTION DISTRICT OTHER THAN  THE  ONE
DESIGNATED  FOR  THE  HOUSING  ACCOMMODATION  LOCATED  IN THE CITY SHALL
RESULT IN A FINDING THAT THE TENANT DOES NOT OCCUPY THE UNIT AS  HIS  OR
HER  PRIMARY RESIDENCE. NO action or proceeding shall be commenced seek-
ing to recover possession on the ground that a housing accommodation  is
not  occupied  by  the tenant as his or her primary residence unless the
owner or lessor shall have given thirty days notice to the tenant of his
or her intention to commence such action or proceeding on such  grounds.
SUCH  ACTION  OR PROCEEDING MAY BE BROUGHT AT ANY TIME DURING THE COURSE
OF A TENANT'S LEASE OR ANY RENEWAL LEASE. IN  THE  EVENT  AN  ACTION  OR
PROCEEDING  IS  COMMENCED  PRIOR  TO THE DATE THAT AN OFFER OF A RENEWAL

S. 5758--A                         159

LEASE IS OTHERWISE REQUIRED TO BE MADE BY THE OWNER TO THE  TENANT,  THE
COMMENCEMENT  OF  SUCH  ACTION  OR  PROCEEDING  SHALL SUBSTITUTE FOR THE
SERVICE OF ANY OTHER NOTICE PERTAINING TO SUCH  RENEWAL,  INCLUDING  BUT
NOT  LIMITED  TO A NOTICE OF NON-RENEWAL OF SUCH LEASE. For the purposes
of determining primary residency, a tenant who is a victim  of  domestic
violence,  as defined in section four hundred fifty-nine-a of the social
services law, who has left the unit because of such  violence,  and  who
asserts an intent to return to the housing accommodation shall be deemed
to  be  occupying  the  unit  as  his  or her primary residence. For the
purposes of this subparagraph where a housing accommodation is rented to
a not-for-profit hospital for  residential  use,  affiliated  subtenants
authorized  to  use such accommodations by such hospital shall be deemed
to be tenants, or
  S 3. Paragraph 11 of subdivision a of section 5 of section 4 of  chap-
ter  576  of  the  laws  of  1974,  constituting  the  emergency  tenant
protection act of nineteen seventy-four, as amended by  chapter  422  of
the laws of 2010, is amended to read as follows:
  (11)  housing accommodations which are not occupied by the tenant, not
including subtenants or occupants, as his or her primary  residence,  as
determined by a court of competent jurisdiction.  FOR PURPOSES OF DETER-
MINING  PRIMARY RESIDENCY, AS SUCH TERM IS USED IN THIS ACT, THE FOLLOW-
ING SHALL APPLY: (I) THE FAILURE TO FILE A  STATE  RESIDENT  INCOME  TAX
RETURN  BY  AN  INDIVIDUAL  REQUIRED BY LAW TO FILE SUCH A RETURN, SHALL
RESULT IN A DETERMINATION THAT THE TENANT DOES NOT  OCCUPY  THE  HOUSING
ACCOMMODATION  AS  HIS OR HER PRIMARY RESIDENCE; PROVIDED, HOWEVER, THAT
THIS PROVISION SHALL NOT APPLY TO AN INDIVIDUAL  WHO  HAS  REQUESTED  AN
EXTENSION  OF  TIME  FOR PAYMENT OF TAX OR WHERE ANY OTHER FACTOR EXISTS
WHICH WOULD EXCUSE THE TIMELY FILING OF THE  RETURN;  PROVIDED  FURTHER,
THAT  THE  TIMELY  FILING  OF  SUCH  RETURN SHALL NOT, IN AND OF ITSELF,
RESULT IN A DETERMINATION THAT THE INDIVIDUAL DOES  OCCUPY  THE  HOUSING
ACCOMMODATION  AS  HIS OR HER PRIMARY RESIDENCE OR (II) A VOTE CAST BY A
TENANT DURING TENANCY IN  ANY  ELECTION  HELD  IN  ACCORDANCE  WITH  THE
PROVISIONS  OF THE ELECTION LAW CONDUCTED IN ANY ELECTION DISTRICT OTHER
THAN THE ONE DESIGNATED FOR THE HOUSING  ACCOMMODATION  LOCATED  IN  THE
CITY  OF  NEW  YORK  SHALL  RESULT IN A FINDING THAT THE TENANT DOES NOT
OCCUPY THE HOUSING ACCOMMODATION AS HIS OR HER PRIMARY  RESIDENCE.  SUCH
ACTION  OR  PROCEEDING MAY BE BROUGHT AT ANY TIME DURING THE COURSE OF A
TENANT'S LEASE OR ANY RENEWAL LEASE. IN THE EVENT AN ACTION OR  PROCEED-
ING  IS  COMMENCED PRIOR TO THE DATE THAT AN OFFER OF A RENEWAL LEASE IS
OTHERWISE REQUIRED TO BE MADE BY THE OWNER TO THE TENANT, THE  COMMENCE-
MENT  OF  SUCH  ACTION OR PROCEEDING SHALL SUBSTITUTE FOR THE SERVICE OF
ANY OTHER NOTICE PERTAINING TO SUCH RENEWAL, INCLUDING BUT  NOT  LIMITED
TO  A NOTICE OF NON-RENEWAL OF SUCH LEASE. For the purposes of determin-
ing primary residency, a tenant who is a victim of domestic violence, as
defined in section four hundred fifty-nine-a of the social services law,
who has left the unit because of  such  violence,  and  who  asserts  an
intent  to  return  to  the  housing accommodation shall be deemed to be
occupying the unit as his or her primary residence. For the purposes  of
this  paragraph,  where  a housing accommodation is rented to a not-for-
profit hospital for residential use, affiliated subtenants authorized to
use such accommodations by such hospital shall be deemed to be  tenants.
No action or proceeding shall be commenced seeking to recover possession
on the ground that a housing accommodation is not occupied by the tenant
as  his  or  her primary residence unless the owner or lessor shall have
given thirty days notice to the  tenant  of  his  or  her  intention  to
commence such action or proceeding on such grounds.

S. 5758--A                         160

  S 4. 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 Subparts A through C of this act shall
be as specifically set forth in the last section of such Subparts.
  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 H of this act shall  be
as specifically set forth in the last section of such Parts.