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

    S. 6357                                                  A. 8557

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

                            January 21, 2014
                               ___________

IN  SENATE -- A BUDGET BILL, submitted by the Governor pursuant to arti-
  cle seven of the Constitution -- read twice and ordered  printed,  and
  when printed to be committed to the Committee on Finance

IN  ASSEMBLY  --  A  BUDGET  BILL, submitted by the Governor pursuant to
  article seven of the Constitution -- read once  and  referred  to  the
  Committee on Ways and Means

AN  ACT to amend the highway law and to amend chapter 329 of the laws of
  1991, amending the state finance law and other laws  relating  to  the
  establishment  of  the  dedicated  highway  and  bridge trust fund, in
  relation to the consolidated  local  street  and  highway  improvement
  program  (CHIPS), suburban highway improvement program (SHIPS), multi-
  modal and Marchiselli programs; and to repeal  certain  provisions  of
  chapter  329  of  the laws of 1991 relating thereto (Part A); to amend
  part F of chapter 56 of the laws of 2011 permitting  authorized  state
  entities   to  utilize  the  design-build  method  for  infrastructure
  projects, in relation to allowing authorized local entities to utilize
  the design-build method for infrastructure projects, and  in  relation
  to  the effectiveness thereof (Part B); to amend part U1 of chapter 62
  of the laws of 2003 amending the vehicle and  traffic  law  and  other
  laws relating to increasing certain motor vehicle transaction fees, in
  relation to the effectiveness thereof; to amend chapter 84 of the laws
  of  2002,  amending the state finance law relating to the costs of the
  department of motor vehicles, in relation to  permanently  authorizing
  payment  of department of motor vehicle costs from the dedicated high-
  way and bridge  trust  fund;  to  amend  the  transportation  law,  in
  relation  to  disposition  of  revenues;  to amend the highway law, in
  relation to disposition of fees charged  in  connection  with  outdoor
  advertising  on  highways;  and  to  amend  the  state finance law, in
  relation to the dedication of revenues and the costs of rail and truck
  regulation (Part C); to amend chapter 58 of the laws of 2013, relating
  to the hours of operation of the  department  of  motor  vehicles  and
  providing  for  the repeal of such provisions upon expiration thereof,
  in relation to the effectiveness thereof (Part D); to amend the  vehi-
  cle  and  traffic  law  and  the state finance law, in relation to the
  authorization of the department of motor vehicles to provide the acci-
  dent prevention course internet program; to amend chapter 751  of  the

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

                      [ ] is old law to be omitted.
                                                           LBD12673-01-4

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  laws  of  2005, amending the insurance law and the vehicle and traffic
  law, relating to establishing the accident prevention course  internet
  technology  pilot  program,  in relation to the effectiveness thereof;
  and to repeal certain provisions of the vehicle and traffic law relat-
  ing  thereto  (Part  E);  to  amend  the  vehicle  and traffic law, in
  relation to complying with federal requirements  relating  to  medical
  certifications  of  commercial  driver's  license holders (Part F); to
  amend the public authorities law, in relation to toll collection regu-
  lations; to amend the public officers law, in relation  to  electronic
  toll  collection  data;  to  amend  the  vehicle  and  traffic law, in
  relation  to  liability  of  vehicle  owners   for   toll   collection
  violations;  to amend the penal law, in relation to theft of services;
  and to amend chapter 774 of the laws of  1950,  relating  to  agreeing
  with  the  state  of  New Jersey with respect to rules and regulations
  governing traffic on vehicular crossings operated by the port  of  New
  York  authority,  in  relation to tolls and other charges (Part G); to
  amend chapter 67 of the  laws  of  1992,  amending  the  environmental
  conservation law relating to pesticide product registration timetables
  and  fees, in relation to the effective date thereof; and to amend the
  environmental conservation law, in relation to pesticide  registration
  fees  and  reporting (Part H); to amend the environmental conservation
  law, the penal law, the vehicle and traffic law and the general  obli-
  gations  law,  in  relation to authorizing crossbow hunting, landowner
  liability, printing contracts for hunting and fishing guides, issuance
  of distinctive "I love New York" plates, fees and general  powers  and
  duties  of the department of environmental conservation; and to repeal
  subdivisions 11 and 16 of section 11-0901 of the environmental conser-
  vation law relating thereto (Part I); to  amend  the  agriculture  and
  markets  law, in relation to granting, suspending or revoking licenses
  for food processing establishments (Part J); to authorize the New York
  state energy research and development authority to finance  a  portion
  of its research, development and demonstration and policy and planning
  programs  from  assessments on gas and electric corporations (Part K);
  to authorize and direct the New York state energy research and  devel-
  opment  authority  to  make  a  payment  to  the general fund of up to
  $913,000 (Part L); to amend the agriculture and markets  law  and  the
  public  authorities  law,  in  relation  to  requiring  power transfer
  switches on gas stations located within one half mile from a strategic
  upstate highway (Part M); to amend chapter 21 of  the  laws  of  2003,
  amending  the  executive  law  relating to permitting the secretary of
  state to provide special handling for all documents filed or issued by
  the division of corporations and to permit additional levels  of  such
  expedited service, in relation to extending the expiration date there-
  of  (Part  N);  to amend the business corporation law and the not-for-
  profit corporation law, in relation to the  transmission  of  incorpo-
  ration  certificates to county clerks (Part O); to amend the executive
  law, in relation to the national registry fee (Part P);  to  authorize
  the  department  of health to finance certain activities with revenues
  generated from an assessment on cable television companies  (Part  Q);
  to  amend  the  public  service  law,  in  relation to authorizing the
  department of public service to increase program efficiencies; and  to
  repeal  certain  provisions of the public service law relating thereto
  (Part R); to amend the public service law, in relation to  the  tempo-
  rary  state  energy  and utility service conservation assessment (Part
  S); to amend the insurance law, in relation to unauthorized  providers
  of health services and the examination of providers of health services

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  (Part  T);  to  amend the insurance law, the public health law and the
  financial services law, in relation  to  establishing  protections  to
  prevent  surprise  medical  bills  including network adequacy require-
  ments,  claim  submission  requirements, access to out-of-network care
  and prohibition of excessive emergency charges (Part U); to amend  the
  insurance  law, in relation to licensing title insurance agents, clos-
  ers and solicitors; grants the superintendent  of  financial  services
  the  authority to require title insurance agents, closers, and solici-
  tor applicants to submit to  fingerprinting;  and  to  repeal  certain
  provisions  of such law relating thereto (Part V); to amend chapter 58
  of the laws of 2012 amending the public authorities  law  relating  to
  authorizing  the  dormitory authority to enter into certain design and
  construction management agreements, in relation to  extending  certain
  authority  of  the  dormitory authority of the state of New York (Part
  W); to amend chapter 584 of the laws  of  2011,  amending  the  public
  authorities  law  relating  to  the powers and duties of the dormitory
  authority of the state of New York relative to  the  establishment  of
  subsidiaries  for  certain  purposes, in relation to the effectiveness
  thereof (Part X); to amend the public health law, in relation to  fees
  in  connection  with  certain  health care facility financings; and to
  repeal section 2976-a of the public authorities law  relating  thereto
  (Part  Y);  to  amend the New York state urban development corporation
  act, in relation to  extending  certain  provisions  relating  to  the
  empire  state economic development fund (Part Z); and to amend chapter
  393 of the laws of 1994, amending the New York state urban development
  corporation act, relating to the powers of the New  York  state  urban
  development  corporation  to make loans, in relation to the effective-
  ness thereof (Part AA)

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

  Section  1.  This  act enacts into law major components of legislation
which are necessary to implement the state fiscal plan for the 2014-2015
state fiscal year. Each component is  wholly  contained  within  a  Part
identified as Parts A through AA. The effective date for each particular
provision contained within such Part is set forth in the last section of
such Part. Any provision in any section contained within a Part, includ-
ing the effective date of the Part, which makes a reference to a section
"of  this  act", when used in connection with that particular component,
shall be deemed to mean and refer to the corresponding  section  of  the
Part  in  which  it  is  found. Section three of this act sets forth the
general effective date of this act.

                                 PART A

  Section 1. Subdivision (d) of section 11 of chapter 329 of the laws of
1991 amending the state finance law  and  other  laws  relating  to  the
establishment of the dedicated highway and bridge trust fund, as amended
by  section 4 of part A of chapter 58 of the laws of 2012, is amended to
read as follows:
  (d) Any such service contract (i) shall provide that the obligation of
the director of the budget or the state to fund or to  pay  the  amounts
therein provided for shall not constitute a debt of the state within the
meaning  of  any constitutional or statutory provisions in the event the

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thruway authority assigns or pledges service contract payments as  secu-
rity  for its bonds or notes, (ii) shall be deemed executory only to the
extent moneys are available and SHALL PROVIDE that no liability shall be
incurred  by  the state beyond the moneys available for the purpose, and
that such obligation is subject to annual appropriation by the  legisla-
ture, and (iii) shall provide that no funds shall be made available from
the  proceeds  of  bonds or notes issued pursuant to this chapter unless
the commissioner of transportation has certified to the [chairman of the
thruway authority] DIRECTOR OF THE BUDGET that such funds shall be  used
exclusively  for  the  purposes  authorized  by  subdivision (a) of this
section, and/or construction, reconstruction  or  improvement  of  local
highways,  bridges and/or highway-railroad crossings, including right of
way acquisition, preliminary engineering, and  construction  supervision
and  inspection,  where  the service life of the project is at least ten
years or where the project is:   (1) microsurfacing,  (2)  paver  placed
surface  treatment,  (3)  single course surface treatment involving chip
seals and oil and stone and (4) double course surface treatment  involv-
ing chip seals and oil and stone, and unless [the director of the budget
has  certified to the chairman of the thruway authority that] a spending
plan has been submitted by the commissioner of  transportation  and  has
been approved by the director of the budget.
  S  2. Subdivision (g) of section 15 of chapter 329 of the laws of 1991
is REPEALED, and subdivision (f) of section 15 of  chapter  329  of  the
laws  of 1991, amending the state finance law and other laws relating to
the establishment of the dedicated highway and  bridge  trust  fund,  as
added  by  section  9  of chapter 330 of the laws of 1991, is amended to
read as follows:
  (f) The commissioner of transportation shall certify to the [New  York
state  thruway  authority]  DIRECTOR  OF  THE BUDGET AND THE COMPTROLLER
amounts eligible for repayments as specified herein. Such  certification
shall  include  any such information as may be necessary to maintain the
federal tax exempt status of bonds, notes or other obligations issued by
the New York state thruway authority pursuant  to  section  380  of  the
public authorities law.
  S  3.  Subdivision 1 of section 80-b of the highway law, as amended by
chapter 161 of the laws of 2008, is amended to read as follows:
  1. In connection with the undertaking of any  project  for  which  the
commissioner  is  authorized  to  use  moneys  of the federal government
pursuant to the provisions of subdivision thirty-four-a of  section  ten
and  section eighty of this chapter to assure the effective discharge of
state responsibilities with respect to regional transportation needs, on
highways, roads, streets, bicycle paths or pedestrian paths that are not
on the state highway system, the commissioner shall submit such  project
to  the governing body or bodies of the affected municipality or munici-
palities together with estimates  of  costs  thereof.  If  such  project
includes a municipal project, as that term is defined in accordance with
article  thirteen  of  the  transportation  law, the state share of such
municipal project shall also be included. If  such  project  includes  a
project  affecting  a  highway, road, street, bicycle path or pedestrian
path not on the state highway system, the state share shall be equal  to
eighty  percent of the difference between the total project cost and the
federal assistance, provided, however, the commissioner may increase the
state share to an amount equal to one hundred percent of the  difference
between  the  total  project  cost  and  the federal assistance where he
determines that the need for  the  project  results  substantially  from
actions undertaken pursuant to section ten of this chapter.  [Except for

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individual  projects  where  the  non-federal share of a federally aided
municipal project is less than five thousand dollars, no state or  local
shares  of municipal streets and highways projects shall be payable from
the  non-fiduciary  funds  of the capital projects budget of the depart-
ment.] No such project shall proceed without the approval of the govern-
ing body of a municipality. Such governing body may request the  commis-
sioner  to  undertake the provision of such project. If the commissioner
agrees to such undertaking he shall  notify  the  local  governing  body
which shall appropriate sufficient moneys to pay the estimated amount of
the municipal share. Such moneys shall be deposited with the state comp-
troller  who  is  authorized  to  receive  and  accept  the same for the
purposes of such project, subject to the draft  or  requisition  of  the
commissioner.  When  the  work  of  such project has been completed, the
commissioner shall render to the governing body of such municipality  an
itemized statement showing in full (a) the amount of money that has been
deposited  by  such municipality with the state comptroller as hereinbe-
fore provided, and (b) all disbursements made pursuant to  this  section
for  such project. Any surplus moneys shall be paid to such municipality
on the warrant of the comptroller on vouchers therefor approved  by  the
commissioner. When the work of such project has been completed and it is
determined  by  the commissioner that the amount of the cost to be borne
by the municipality is in excess of the amount deposited by such munici-
pality with the state comptroller, the commissioner  shall  then  notify
the municipality of the deficiency of funds. The municipality shall then
within ninety days of the receipt of such notice, pay such amount to the
state comptroller. For purposes of this section, the term "municipality"
shall  include a city, county, town, village or two or more of the fore-
going acting jointly.
  S 4. Subdivision (e) of section 16 of chapter 329 of the laws of 1991,
amending the state finance law and other laws relating to the establish-
ment of a dedicated highway and bridge trust fund, is REPEALED.
  S 5. Subdivision (e) of section 16-a of chapter 329  of  the  laws  of
1991,  amending  the  state  finance  law and other laws relating to the
establishment of a dedicated highway and bridge trust fund, is REPEALED.
  S 6. Paragraph (a) of subdivision 5 of section  10-f  of  the  highway
law,  as added by chapter 725 of the laws of 1993, is amended to read as
follows:
  (a) Funding of municipal projects will be made  upon  the  application
for  funding of prior expenditures in a format prescribed by the commis-
sioner. [Funding of qualifying municipal project expenditures  shall  be
made  from  the  proceeds  of  bonds,  notes or other obligations issued
pursuant to section three hundred eighty of the public authorities law.]
Such funding of state projects may be pursuant to agreements between the
commissioner and the New York state thruway authority and  may  be  from
the  proceeds  of  bonds,  notes or other obligations issued pursuant to
section three hundred eighty-five of the public authorities law.
  S 7. Paragraph (a) of subdivision 5 of section  10-g  of  the  highway
law,  as added by chapter 725 of the laws of 1993, is amended to read as
follows:
  (a) Funding of municipal projects will be made  upon  the  application
for  funding of prior expenditures in a format prescribed by the commis-
sioner. [Funding of qualifying municipal project expenditures  shall  be
made  from  the  proceeds  of  bonds,  notes or other obligations issued
pursuant to section three hundred eighty of the public authorities law.]
Such funding of state projects may be pursuant to agreements between the
commissioner and the New York state thruway authority and  may  be  from

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the  proceeds  of  bonds,  notes or other obligations issued pursuant to
section three hundred eighty-five of the public authorities law.
  S 8. This act shall take effect immediately.

                                 PART B

  Section  1.  Sections  3, 4, 5, 7, 8, 10, 11, 13, 14, 15, 16 and 17 of
part F of chapter 56 of the laws of  2011  permitting  authorized  state
entities  to utilize the design-build method for infrastructure projects
are amended to read as follows:
  S 3. For the purposes of this act:
  (a) "authorized state entity" shall mean the New  York  state  thruway
authority, the department of transportation, the office of parks, recre-
ation and historic preservation, the department of environmental conser-
vation and the New York state bridge authority.
  (b)  "best  value"  shall  mean  the  basis for awarding contracts for
services to the offerer that  optimize  quality,  cost  and  efficiency,
price  and  performance  criteria, which may include, but is not limited
to:
  1. The quality of the contractor's performance on previous projects;
  2.  The  timeliness  of  the  contractor's  performance  on   previous
projects;
  3.  The  level of customer satisfaction with the contractor's perform-
ance on previous projects;
  4. The contractor's record of performing previous projects  on  budget
and ability to minimize cost overruns;
  5. The contractor's ability to limit change orders;
  6. The contractor's ability to prepare appropriate project plans;
  7. The contractor's technical capacities;
  8. The individual qualifications of the contractor's key personnel;
  9.  The  contractor's  ability  to assess and manage risk and minimize
risk impact; and
  10. The contractor's past record of compliance with  article  15-A  of
the executive law.
  Such  basis  shall reflect, wherever possible, objective and quantifi-
able analysis.
  (c) "capital project" shall have the same  meaning  as  such  term  is
defined by subdivision 2-a of section 2 of the state finance law.
  (d)  "cost  plus" shall mean compensating a contractor for the cost to
complete a contract by reimbursing actual costs for labor, equipment and
materials plus an additional amount for overhead and profit.
  (e) "design-build contract" shall mean a contract for the  design  and
construction  of  a capital project with a single entity, which may be a
team comprised of separate entities.
  (f) "procurement record" means documentation of the decisions made and
the approach taken in the procurement process.
  (G) "AUTHORIZED LOCAL ENTITY" SHALL MEAN ANY  CITY,  TOWN  OR  VILLAGE
WITH A POPULATION OF MORE THAN FIFTY THOUSAND, OR ANY COUNTY.
  S  4. Notwithstanding the provisions of section 38 of the highway law,
section 136-a of the state  finance  law,  section  359  of  the  public
authorities  law,  section 7210 of the education law, SECTION 103 OF THE
GENERAL MUNICIPAL LAW, and the  provisions  of  any  other  law  to  the
contrary,  and  in  conformity  with  the  requirements  of this act, an
authorized state OR LOCAL entity may utilize  the  alternative  delivery
method  referred  to  as  design-build  contracts  for  capital projects
related to  the  state's  OR  LOCAL  ENTITY'S  physical  infrastructure,

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including,  but  not limited to, the state's OR LOCAL ENTITY'S highways,
bridges, dams, flood control projects, canals, and parks, including, but
not limited to, to repair damage caused by natural disaster, to  correct
health and safety defects, to comply with federal and state laws, stand-
ards,  and  regulations,  to  extend  the  useful life of or replace the
state's  OR  LOCAL  ENTITY'S  highways,  bridges,  dams,  flood  control
projects, canals, and parks or to improve or add to the state's OR LOCAL
ENTITY'S  highways,  bridges,  dams, flood control projects, canals, and
parks; provided that for the contracts executed  by  the  department  of
transportation,  the  office of parks, recreation and historic preserva-
tion, or the department of environmental conservation, OR BY  ANY  LOCAL
ENTITY,  the  total cost of each such project shall not be less than one
million two hundred thousand dollars ($1,200,000); AND FURTHER  PROVIDED
THAT  AUTHORIZED  LOCAL  ENTITIES  MAY  UTILIZE THE ALTERNATIVE DELIVERY
METHOD REFERRED TO AS DESIGN-BUILD CONTRACTS ONLY FOR  CAPITAL  PROJECTS
THAT ARE NOT SUBJECT TO SECTION 101 OF THE GENERAL MUNICIPAL LAW.
  S  5.  An  entity  selected  by an authorized state OR LOCAL entity to
enter into a design-build contract shall be selected through a  two-step
method, as follows:
  (a)  Step one. Generation of a list of entities that have demonstrated
the general capability to perform the design-build contract.  Such  list
shall  consist  of  a  specified number of entities, as determined by an
authorized state OR LOCAL entity, and shall be generated based upon  the
authorized  state  OR  LOCAL  entity's review of responses to a publicly
advertised request for qualifications. The  authorized  state  OR  LOCAL
entity's  request for qualifications shall include a general description
of the project, the maximum number of entities to  be  included  on  the
list, and the selection criteria to be used in generating the list. Such
selection  criteria  shall  include the qualifications and experience of
the design and construction team, organization,  demonstrated  responsi-
bility,  ability  of  the  team or of a member or members of the team to
comply with applicable requirements, including the provisions  of  arti-
cles  145,  147  and 148 of the education law, past record of compliance
with the labor law, and such other qualifications the  authorized  state
OR  LOCAL entity deems appropriate which may include but are not limited
to project  understanding,  financial  capability  and  record  of  past
performance.  The  authorized  state  OR LOCAL entity shall evaluate and
rate all entities responding to the request for qualifications.    Based
upon  such  ratings, the authorized state OR LOCAL entity shall list the
entities that shall receive a request for proposals in  accordance  with
subdivision (b) of this section.  To the extent consistent with applica-
ble federal law, the authorized state entity shall consider, when award-
ing  any  contract  pursuant  to this section, the participation of: (i)
firms certified pursuant to article 15-A of the executive law as minori-
ty or women-owned businesses and the ability of other  businesses  under
consideration  to work with minority and women-owned businesses so as to
promote and assist participation by  such  businesses;  and  (ii)  small
business  concerns  identified  pursuant  to  subdivision (b) of section
139-g of the state finance law.
  (b) Step two. Selection of the proposal which is the best value to the
state OR LOCAL ENTITY. The authorized state OR LOCAL entity shall  issue
a  request  for proposals to the entities listed pursuant to subdivision
(a) of this section.  If such an entity consists of a team  of  separate
entities,  the  entities that comprise such a team must remain unchanged
from the entity as listed pursuant to subdivision (a)  of  this  section
unless  otherwise  approved by the authorized state OR LOCAL entity. The

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request for proposals shall set forth the project's scope of  work,  and
other requirements, as determined by the authorized state OR LOCAL enti-
ty.   The request for proposals shall specify the criteria to be used to
evaluate  the  responses  and the relative weight of each such criteria.
Such criteria shall include the proposal's  cost,  the  quality  of  the
proposal's  solution,  the  qualifications and experience of the design-
build entity, and other factors deemed pertinent by the authorized state
OR LOCAL entity, which may include, but shall not  be  limited  to,  the
proposal's  project  implementation,  ability  to complete the work in a
timely and satisfactory  manner,  maintenance  costs  of  the  completed
project,  maintenance  of  traffic  approach,  and community impact. Any
contract awarded pursuant to this act shall be awarded to  a  responsive
and  responsible  entity  that submits the proposal, which, in consider-
ation of these and other specified  criteria  deemed  pertinent  to  the
project,  offers  the best value to the state OR LOCAL ENTITY, as deter-
mined by the authorized state OR LOCAL entity. Nothing herein  shall  be
construed  to  prohibit  the  authorized  entity  from negotiating final
contract terms and conditions including cost.
  S 7. Construction for each capital project undertaken by  the  author-
ized  state  OR  LOCAL  entity  pursuant  to  this act shall be deemed a
"public work" to be performed in accordance with the provisions of arti-
cle 8 of the labor law, as well as subject to sections 200, 240, 241 and
242 of the labor law and enforcement of prevailing wage requirements  by
the New York state department of labor.
  S  8.  If  otherwise  applicable,  capital  projects undertaken by the
authorized state OR LOCAL entity pursuant to this act shall  be  subject
to  section  135  of  the state finance law and section 222 of the labor
law.
  S 10. Capital projects undertaken by the  authorized  state  OR  LOCAL
entity  pursuant  to  this  act  shall be subject to the requirements of
article eight of the environmental conservation law, and, where applica-
ble, the requirements of the national environmental policy act.
  S 11.  If otherwise applicable, capital  projects  undertaken  by  the
authorized  state  entity  pursuant  to  this  act  shall be governed by
sections 139-d, 139-j, 139-k, paragraph f of subdivision 1 and paragraph
g of subdivision 9 of section 163 of the state finance law, AND  CAPITAL
PROJECTS  UNDERTAKEN BY THE AUTHORIZED LOCAL ENTITY PURSUANT TO THIS ACT
SHALL BE GOVERNED BY SECTION 103-D OF THE GENERAL MUNICIPAL LAW.
  S 13. Nothing contained in this act shall limit  the  right  or  obli-
gation  of  the  authorized  state  OR  LOCAL  entity to comply with the
provisions of any existing contract,  including  any  existing  contract
with or for the benefit of the holders of the obligations of the author-
ized  state OR LOCAL entity, or to award contracts as otherwise provided
by law.
  S 14. Alternative construction awarding processes.  (i)  Notwithstand-
ing  the  provisions  of  any  other law to the contrary, the authorized
state OR LOCAL entity may award a construction contract:
  1. To the contractor offering the best value; or
  2. Utilizing a cost-plus not to exceed guaranteed maximum  price  form
of contract in which the authorized state OR LOCAL entity shall be enti-
tled  to monitor and audit all project costs. In establishing the sched-
ule and process for determining a guaranteed maximum price, the contract
between the authorized state OR LOCAL entity and the contractor shall:
  (a) describe the scope of the work and the  cost  of  performing  such
work;
  (b) include a detailed line item cost breakdown;

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  (c)  include a list of all drawings, specifications and other informa-
tion on which the guaranteed maximum price is based;
  (d)  include  the  dates for substantial and final completion on which
the guaranteed maximum price is based; and
  (e) include a schedule of unit prices; or
  3. Utilizing a lump sum contract in which  the  contractor  agrees  to
accept  a  set dollar amount for a contract which comprises a single bid
without providing a cost breakdown for all costs such as for  equipment,
labor, materials, as well as such contractor's profit for completing all
items of work comprising the project.
  (ii) Capital projects undertaken by an authorized state OR LOCAL enti-
ty  may include an incentive clause in the contract for various perform-
ance objectives, but the incentive clause shall not include an incentive
that exceeds the quantifiable value of the benefit received by the state
OR LOCAL ENTITY. The authorized state OR LOCAL  entity  shall  establish
such performance and payment bonds as it deems necessary.
  S   15.   Prequalified  contractors.  (a)  Notwithstanding  any  other
provision of law, the authorized state OR LOCAL entity  may  maintain  a
list  of  prequalified contractors who are eligible to submit a proposal
pursuant to this act and entry into  such  list  shall  be  continuously
available. Prospective contractors may be prequalified as contractors to
provide  particular  types  of  construction, in accordance with general
criteria established by the authorized state OR LOCAL entity  which  may
include,  but shall not be limited to, the experience, past performance,
ability to undertake the type and complexity of work, financial capabil-
ity,  responsibility,  compliance  with  equal  employment   opportunity
requirements   and   anti-discrimination  laws,  and  reliability.  Such
prequalification may  be  by  categories  designed  by  size  and  other
factors.
  (b) A contractor who is denied prequalification or whose prequalifica-
tion is revoked or suspended by the authorized state OR LOCAL entity may
appeal  such  decision to the authorized state entity. If such a suspen-
sion extends for more than three months, it shall be deemed a revocation
of the prequalification.  The  authorized  state  OR  LOCAL  entity  may
proceed with the contract award during any appeal.
  S  16.  Nothing  in  this act shall affect existing powers of New York
state public entities OR  LOCAL  ENTITIES  to  use  alternative  project
delivery methods.
  S  17. This act shall take effect immediately [and shall expire and be
deemed repealed 3 years after such date, provided  that,  projects  with
requests for qualifications issued prior to such repeal shall be permit-
ted to continue under this act notwithstanding such repeal].
  S 2. This act shall take effect immediately.

                                 PART C

  Section  1.    Section 13 of part U1 of chapter 62 of the laws of 2003
amending the vehicle and traffic law and other laws relating to increas-
ing certain motor vehicle transaction fees, as amended by section  2  of
part B of chapter 58 of the laws of 2013, is amended to read as follows:
  S  13.  This  act shall take effect immediately; provided however that
sections one through seven of this act, the amendments to subdivision  2
of  section  205  of  the tax law made by section eight of this act, and
section nine of this act shall expire and be deemed repealed  on  [March
31]  APRIL  1,  2015;  provided further, however, that the amendments to
subdivision 3 of section 205 of the tax law made  by  section  eight  of

S. 6357                            10                            A. 8557

this act shall expire and be deemed repealed on March 31, 2018; provided
further,  however,  that  the  provisions  of section eleven of this act
shall take effect April 1, 2004 and shall expire and be deemed  repealed
on [March 31] APRIL 1, 2015.
  S  2.  Section 2 of part B of chapter 84 of the laws of 2002, amending
the state finance law relating to the costs of the department  of  motor
vehicles, as amended by section 1 of part E of chapter 59 of the laws of
2009, is amended to read as follows:
  S  2.  This act shall take effect April 1, 2002; provided, however, if
this act shall become a law after such date it shall take  effect  imme-
diately and shall be deemed to have been in full force and effect on and
after  April  1,  2002;  provided  further, however, that this act shall
expire and be deemed repealed on [March 31] APRIL 1, 2015.
  S 3. Subdivision 4 of section 94 of the transportation law, as amended
by section 1 of part D of chapter 101 of the laws of 2001, is amended to
read as follows:
  4. All fees charged and collected by the commissioner hereunder  shall
be deposited [to the miscellaneous special revenue fund - transportation
regulation  account for the purposes established in this section] BY THE
COMPTROLLER INTO THE SPECIAL OBLIGATION RESERVE AND PAYMENT  ACCOUNT  OF
THE  DEDICATED  HIGHWAY  AND  BRIDGE  TRUST FUND ESTABLISHED PURSUANT TO
SECTION EIGHTY-NINE-B OF THE STATE FINANCE LAW.
  S 4. Subdivision 4 of section 135 of the transportation law, as  added
by chapter 166 of the laws of 1991, is amended to read as follows:
  4.  All revenues collected pursuant to this section shall be deposited
[to the  miscellaneous  special  revenue  fund--rail  safety  inspection
account]  BY  THE  COMPTROLLER  INTO  THE SPECIAL OBLIGATION RESERVE AND
PAYMENT ACCOUNT OF THE DEDICATED HIGHWAY AND BRIDGE  TRUST  FUND  ESTAB-
LISHED  PURSUANT  TO  SECTION EIGHTY-NINE-B OF THE STATE FINANCE LAW for
the purposes established in this section.  Fees will be based on  reven-
ues  from the preceding calendar year and shall be assessed on or before
July first and are payable by September first of each year. On or before
January first of each year following assessment of fees pursuant to this
section, the commissioner shall report to the railroad companies  annual
costs associated with this assessment.
  S  5. Subdivision 5 of section 144 of the transportation law, as added
by chapter 635 of the laws of 1983, is amended to read as follows:
  5. For furnishing a certification of any  paper,  record  or  official
document,  one  dollar. No fees shall be charged or collected for copies
of papers, records or official documents, furnished to  public  officers
for  use  in  their  official capacity, or for the annual reports of the
commissioner in the ordinary course of distribution, but the commission-
er may fix reasonable charges for copies of  papers,  records,  official
documents  and  other  publications  furnished or issued to others under
this authority. All fees  charged  and  collected  by  the  commissioner
[shall  belong  to  the  people  of the state and shall be paid monthly,
accompanied by a detailed statement thereof, into the  treasury  of  the
state  to the credit of the general fund] PURSUANT TO THIS SECTION SHALL
BE DEPOSITED BY THE COMPTROLLER INTO THE SPECIAL OBLIGATION RESERVE  AND
PAYMENT  ACCOUNT  OF  THE DEDICATED HIGHWAY AND BRIDGE TRUST FUND ESTAB-
LISHED PURSUANT TO SECTION EIGHTY-NINE-B OF THE STATE FINANCE LAW.
  S 6. Section 145 of the transportation law is amended by adding a  new
subdivision 8 to read as follows:
  8. ALL PENALTIES CHARGED AND COLLECTED BY THE COMMISSIONER PURSUANT TO
THIS  SECTION  SHALL  BE  DEPOSITED  BY THE COMPTROLLER INTO THE SPECIAL
OBLIGATION RESERVE AND PAYMENT ACCOUNT  OF  THE  DEDICATED  HIGHWAY  AND

S. 6357                            11                            A. 8557

BRIDGE  TRUST  FUND  ESTABLISHED PURSUANT TO SECTION EIGHT-NINE-B OF THE
STATE FINANCE LAW.
  S 7. Section 88 of the highway law is amended by adding a new subdivi-
sion 13 to read as follows:
  13.  ALL  FEES  COLLECTED BY THE COMMISSIONER PURSUANT TO THIS SECTION
SHALL BE DEPOSITED  BY  THE  COMPTROLLER  INTO  THE  SPECIAL  OBLIGATION
RESERVE  AND  PAYMENT  ACCOUNT OF THE DEDICATED HIGHWAY AND BRIDGE TRUST
FUND ESTABLISHED PURSUANT TO SECTION EIGHTY-NINE-B OF THE STATE  FINANCE
LAW.
  S  8.  Paragraph  (a)  of  subdivision  3 of section 89-b of the state
finance law, as amended by section 2 of part B of chapter 58 of the laws
of 2012, is amended to read as follows:
  (a) The special obligation reserve and payment account  shall  consist
(i)  of all moneys required to be deposited in the dedicated highway and
bridge trust fund pursuant to the provisions  of  sections  two  hundred
five,  two  hundred  eighty-nine-e,  three  hundred  one-j, five hundred
fifteen and eleven hundred sixty-seven of  the  tax  law,  section  four
hundred  one  of  the vehicle and traffic law, and section thirty-one of
chapter fifty-six of the laws of nineteen hundred ninety-three, (ii) all
fees, fines or penalties collected by the commissioner of transportation
pursuant to section fifty-two, section three  hundred  twenty-six,  [and
subdivisions  five,  eight  and  twelve  of] section eighty-eight of the
highway law, subdivision fifteen of section three hundred eighty-five of
the vehicle and traffic law, section two of the chapter of the  laws  of
two  thousand  three  that  amended  this  paragraph, subdivision (d) of
section three hundred four-a,  paragraph  one  of  subdivision  (a)  and
subdivision  (d)  of  section  three  hundred five, subdivision six-a of
section four hundred fifteen and subdivision (g) of  section  twenty-one
hundred  twenty-five  of the vehicle and traffic law, section fifteen of
this chapter, excepting moneys deposited with the state  on  account  of
betterments  performed  pursuant to subdivision twenty-seven or subdivi-
sion thirty-five of section ten of the highway law, AND  SECTIONS  NINE-
TY-FOUR, ONE HUNDRED THIRTY-FIVE, ONE HUNDRED FORTY-FOUR AND ONE HUNDRED
FORTY-FIVE  OF THE TRANSPORTATION LAW, (iii) any moneys collected by the
department of transportation for services provided  pursuant  to  agree-
ments  entered  into  in  accordance  with  section ninety-nine-r of the
general municipal law, and (iv) any other moneys collected  therefor  or
credited or transferred thereto from any other fund, account or source.
  S  9.  Paragraph  (a)  of  subdivision  3 of section 89-b of the state
finance law, as amended by section 3 of part B of chapter 58 of the laws
of 2012, is amended to read as follows:
  (a) The special obligation reserve and payment account  shall  consist
(i)  of all moneys required to be deposited in the dedicated highway and
bridge trust fund pursuant to the provisions  of  sections  two  hundred
eighty-nine-e,  three  hundred  one-j,  five  hundred fifteen and eleven
hundred sixty-seven of the tax law, section  four  hundred  one  of  the
vehicle  and traffic law, and section thirty-one of chapter fifty-six of
the laws of nineteen hundred  ninety-three,  (ii)  all  fees,  fines  or
penalties  collected  by  the commissioner of transportation pursuant to
section fifty-two, section three hundred twenty-six,  [and  subdivisions
five,  eight  and  twelve  of]  section eighty-eight of the highway law,
subdivision fifteen of section three hundred eighty-five of the  vehicle
and  traffic  law,  section  fifteen  of  this chapter, excepting moneys
deposited with the state on account of betterments performed pursuant to
subdivision twenty-seven or subdivision thirty-five of  section  ten  of
the  highway law, AND SECTIONS NINETY-FOUR, ONE HUNDRED THIRTY-FIVE, ONE

S. 6357                            12                            A. 8557

HUNDRED FORTY-FOUR AND ONE HUNDRED FORTY-FIVE OF THE TRANSPORTATION  LAW
(iii)  any  moneys  collected  by  the  department of transportation for
services provided pursuant to agreements entered into in accordance with
section  ninety-nine-r  of the general municipal law, and (iv) any other
moneys collected therefor or credited or transferred  thereto  from  any
other fund, account or source.
  S  10.  Paragraph  a  of  subdivision  5  of section 89-b of the state
finance law, as amended by section 60 of part HH of chapter  57  of  the
laws of 2013, is amended to read as follows:
  a.  Moneys  in  the  dedicated  highway  and  bridge trust fund shall,
following appropriation by the legislature, be  utilized  for:    recon-
struction,  replacement, reconditioning, restoration, rehabilitation and
preservation of state, county, town, city and village  roads,  highways,
parkways,  and  bridges  thereon,  to  restore  such facilities to their
intended  functions;  construction,  reconstruction,   enhancement   and
improvement  of  state, county, town, city, and village roads, highways,
parkways, and bridges thereon, to address current and projected capacity
problems including costs for  traffic  mitigation  activities;  aviation
projects authorized pursuant to section fourteen-j of the transportation
law  and  for payments to the general debt service fund of amounts equal
to amounts required for service contract payments  related  to  aviation
projects  as provided and authorized by section three hundred eighty-six
of the public authorities law; programs to assist small and minority and
women-owned firms engaged  in  transportation  construction  and  recon-
struction  projects,  including  a  revolving  fund  for working capital
loans, and a bonding guarantee assistance  program  in  accordance  with
provisions of this chapter; matching federal grants or apportionments to
the state for highway, parkway and bridge capital projects; the acquisi-
tion  of  real property and interests therein required or expected to be
required in connection with such projects; preventive maintenance activ-
ities necessary to ensure that highways, parkways and  bridges  meet  or
exceed their optimum useful life; expenses of control of snow and ice on
state  highways  by  the  department of transportation including but not
limited to personal services, nonpersonal services and fringe  benefits,
payment  of  emergency aid for control of snow and ice in municipalities
pursuant to section fifty-five of the highway law, expenses  of  control
of  snow and ice on state highways by municipalities pursuant to section
twelve of the highway law, and  for  expenses  of  arterial  maintenance
agreements  with  cities pursuant to section three hundred forty-nine of
the highway law; personal services,  NONPERSONAL  SERVICES,  and  fringe
benefit  costs  of  the  department  of  transportation  for  bus safety
inspection activities, RAIL  SAFETY  INSPECTION  ACTIVITIES,  AND  TRUCK
SAFETY INSPECTION ACTIVITIES; costs of the department of motor vehicles,
including but not limited to personal and nonpersonal services; costs of
engineering and administrative services of the department of transporta-
tion,  including  but  not  limited  to  fringe  benefits;  the contract
services provided by private firms in accordance with  section  fourteen
of  the  transportation law; personal services and nonpersonal services,
for activities including but not limited to the preparation of  designs,
plans,  specifications and estimates; construction management and super-
vision activities; costs of appraisals, surveys,  testing  and  environ-
mental  impact  statements  for  transportation  projects;  expenses  in
connection with buildings, equipment, materials and facilities  used  or
useful  in  connection  with  the  maintenance, operation, and repair of
highways,  parkways  and  bridges  thereon;  and  project   costs   for:
construction,  reconstruction, improvement, reconditioning and preserva-

S. 6357                            13                            A. 8557

tion of rail freight facilities and intercity rail passenger  facilities
and equipment; construction, reconstruction, improvement, reconditioning
and   preservation  of  state,  municipal  and  privately  owned  ports;
construction,  reconstruction, improvement, reconditioning and preserva-
tion of municipal airports; privately owned airports and aviation  capi-
tal  facilities, excluding airports operated by the state or operated by
a bi-state municipal corporate instrumentality for which federal funding
is not available provided the project is  consistent  with  an  approved
airport  layout  plan;  and  construction,  reconstruction, enhancement,
improvement, replacement,  reconditioning,  restoration,  rehabilitation
and  preservation  of state, county, town, city and village roads, high-
ways, parkways and bridges; and construction,  reconstruction,  improve-
ment,  reconditioning  and  preservation  of  fixed  ferry facilities of
municipal and privately owned ferry lines for  transportation  purposes,
and  the  payment  of debt service required on any bonds, notes or other
obligations and  related  expenses  for  highway,  parkway,  bridge  and
project  costs  for: construction, reconstruction, improvement, recondi-
tioning and preservation of rail freight facilities and  intercity  rail
passenger   facilities   and  equipment;  construction,  reconstruction,
improvement, reconditioning and preservation  of  state,  municipal  and
privately owned ports; construction, reconstruction, improvement, recon-
ditioning  and  preservation  of  municipal  airports;  privately  owned
airports and aviation capital facilities, excluding airports operated by
the state or operated by a bi-state municipal corporate  instrumentality
for  which  federal  funding  is  not  available provided the project is
consistent with an approved airport layout  plan;  construction,  recon-
struction, enhancement, improvement, replacement, reconditioning, resto-
ration, rehabilitation and preservation of state, county, town, city and
village  roads, highways, parkways and bridges; and construction, recon-
struction, improvement, reconditioning and preservation of  fixed  ferry
facilities  of municipal and privately owned ferry lines for transporta-
tion purposes, purposes authorized on or after  the  effective  date  of
this  section.  Beginning with disbursements made on and after the first
day of April, nineteen hundred ninety-three, moneys in such  fund  shall
be  available  to  pay such costs or expenses made pursuant to appropri-
ations or reappropriations made during the state fiscal year which began
on the first of April, nineteen hundred ninety-two. Beginning the  first
day  of  April, nineteen hundred ninety-three, moneys in such fund shall
also be used for transfers to the general  debt  service  fund  and  the
revenue bond tax fund of amounts equal to that respectively required for
service  contract  and  financing  agreement  payments  as  provided and
authorized by section three hundred eighty  of  the  public  authorities
law,  section eleven of chapter three hundred twenty-nine of the laws of
nineteen hundred ninety-one, as amended, and sections sixty-eight-c  and
sixty-nine-o of this chapter.
  S  11.  Paragraph  a  of  subdivision  5  of section 89-b of the state
finance law, as amended by section 60-a of part HH of chapter 57 of  the
laws of 2013, is amended to read as follows:
  a.  Moneys  in  the  dedicated  highway  and  bridge trust fund shall,
following appropriation by the legislature, be  utilized  for:    recon-
struction,  replacement, reconditioning, restoration, rehabilitation and
preservation of state, county, town, city and village  roads,  highways,
parkways,  and  bridges  thereon,  to  restore  such facilities to their
intended  functions;  construction,  reconstruction,   enhancement   and
improvement  of  state, county, town, city, and village roads, highways,
parkways, and bridges thereon, to address current and projected capacity

S. 6357                            14                            A. 8557

problems including costs for  traffic  mitigation  activities;  aviation
projects authorized pursuant to section fourteen-j of the transportation
law  and  for payments to the general debt service fund of amounts equal
to  amounts  required  for service contract payments related to aviation
projects as provided and authorized by section three hundred  eighty-six
of the public authorities law; programs to assist small and minority and
women-owned  firms  engaged  in  transportation  construction and recon-
struction projects, including  a  revolving  fund  for  working  capital
loans,  and  a  bonding  guarantee assistance program in accordance with
provisions of this chapter; matching federal grants or apportionments to
the state for highway, parkway and bridge capital projects; the acquisi-
tion of real property and interests therein required or expected  to  be
required in connection with such projects; preventive maintenance activ-
ities  necessary  to  ensure that highways, parkways and bridges meet or
exceed their optimum useful life; expenses of control of snow and ice on
state highways by the department of  transportation  including  but  not
limited  to personal services, nonpersonal services and fringe benefits,
payment of emergency aid for control of snow and ice  in  municipalities
pursuant  to  section fifty-five of the highway law, expenses of control
of snow and ice on state highways by municipalities pursuant to  section
twelve  of  the  highway  law,  and for expenses of arterial maintenance
agreements with cities pursuant to section three hundred  forty-nine  of
the  highway  law;  personal  services, NONPERSONAL SERVICES, and fringe
benefit costs  of  the  department  of  transportation  for  bus  safety
inspection  activities,  RAIL  SAFETY  INSPECTION  ACTIVITIES, AND TRUCK
SAFETY INSPECTION ACTIVITIES; costs of  engineering  and  administrative
services  of the department of transportation, including but not limited
to fringe benefits; the contract services provided by private  firms  in
accordance  with  section  fourteen  of the transportation law; personal
services and nonpersonal services,  for  activities  including  but  not
limited  to  the preparation of designs, plans, specifications and esti-
mates; construction management  and  supervision  activities;  costs  of
appraisals,  surveys,  testing  and  environmental impact statements for
transportation projects; expenses in connection with  buildings,  equip-
ment,  materials  and  facilities  used or useful in connection with the
maintenance, operation, and repair of  highways,  parkways  and  bridges
thereon;  and project costs for:  construction, reconstruction, improve-
ment, reconditioning and preservation of  rail  freight  facilities  and
intercity  rail passenger facilities and equipment; construction, recon-
struction, improvement, reconditioning and preservation of state, munic-
ipal and privately owned ports; construction,  reconstruction,  improve-
ment,  reconditioning  and preservation of municipal airports; privately
owned airports and aviation capital facilities, excluding airports oper-
ated by the state or operated by a bi-state municipal corporate  instru-
mentality  for  which  federal  funding  is  not  available provided the
project  is  consistent  with  an  approved  airport  layout  plan;  and
construction,  reconstruction,  enhancement,  improvement,  replacement,
reconditioning, restoration, rehabilitation and preservation  of  state,
county,  town,  city  and village roads, highways, parkways and bridges;
and construction, reconstruction, improvement, reconditioning and  pres-
ervation  of  fixed  ferry  facilities  of municipal and privately owned
ferry lines for transportation purposes, and the payment of debt service
required on any bonds, notes or other obligations and  related  expenses
for highway, parkway, bridge and project costs for: construction, recon-
struction,  improvement, reconditioning and preservation of rail freight
facilities  and  intercity  rail  passenger  facilities  and  equipment;

S. 6357                            15                            A. 8557

construction,  reconstruction, improvement, reconditioning and preserva-
tion of state, municipal and privately owned ports; construction, recon-
struction, improvement, reconditioning  and  preservation  of  municipal
airports;  privately  owned  airports  and  aviation capital facilities,
excluding airports operated by the  state  or  operated  by  a  bi-state
municipal  corporate  instrumentality  for  which federal funding is not
available provided the project is consistent with  an  approved  airport
layout  plan;  construction,  reconstruction,  enhancement, improvement,
replacement, reconditioning, restoration, rehabilitation  and  preserva-
tion  of state, county, town, city and village roads, highways, parkways
and bridges; and construction, reconstruction, improvement, recondition-
ing and preservation of fixed ferry facilities of municipal and private-
ly owned ferry lines for transportation purposes, purposes authorized on
or after the effective date of this section.  Beginning  with  disburse-
ments  made  on and after the first day of April, nineteen hundred nine-
ty-three, moneys in such fund shall be available to pay  such  costs  or
expenses made pursuant to appropriations or reappropriations made during
the  state  fiscal  year  which  began  on  the first of April, nineteen
hundred ninety-two. Beginning the first day of April,  nineteen  hundred
ninety-three,  moneys  in  such fund shall also be used for transfers to
the general debt service fund and the revenue bond tax fund  of  amounts
equal  to  that respectively required for service contract and financing
agreement payments as provided and authorized by section  three  hundred
eighty  of  the  public authorities law, section eleven of chapter three
hundred twenty-nine of the  laws  of  nineteen  hundred  ninety-one,  as
amended, and sections sixty-eight-c and sixty-nine-o of this chapter.
  S  12.    This  act  shall  take effect immediately, provided that the
amendments to paragraph (a) of subdivision 3  of  section  89-b  of  the
state  finance law made by section eight of this act shall be subject to
the expiration and reversion of such paragraph pursuant to section 13 of
part U1 of chapter 62 of the laws of 2003, as amended,  when  upon  such
date  the  provisions of section nine of this act shall take effect; and
provided further that the amendments to paragraph a of subdivision 5  of
section  89-b  of  the state finance law made by section ten of this act
shall be subject to the  expiration  and  reversion  of  such  paragraph
pursuant  to  section  2 of part B of chapter 84 of the laws of 2002, as
amended, when upon such date the provisions of section  eleven  of  this
act shall take effect.

                                 PART D

  Section  1.  Section  2  of  part D of chapter 58 of the laws of 2013,
relating to the hours of operation of the department of  motor  vehicles
and providing for the repeal of such provisions upon expiration thereof,
is amended to read as follows:
  S  2.  This act shall take effect immediately [and shall expire and be
deemed repealed two years after such date].
  S 2. This act shall take effect immediately.

                                 PART E

  Section 1. The article heading of article  12-C  of  the  vehicle  and
traffic  law, as added by chapter 751 of the laws of 2005, is amended to
read as follows:
                ACCIDENT PREVENTION COURSE INTERNET, AND
                    OTHER TECHNOLOGY [PILOT] PROGRAM

S. 6357                            16                            A. 8557

  S 2. Sections 399-m and 399-o of  the  vehicle  and  traffic  law  are
REPEALED.
  S 3. Sections 399-k and 399-l of the vehicle and traffic law, as added
by chapter 751 of the laws of 2005, are amended to read as follows:
  S  399-k.  Accident  prevention  course  internet  technology  [pilot]
program.  The commissioner shall establish and implement a comprehensive
[pilot] program to [review and study] ALLOW internet, and other technol-
ogies as approved by the commissioner, as  a  training  method  for  the
administration  and completion of an approved accident prevention course
for the purposes of granting point and insurance premium reduction bene-
fits.
  S 399-l. Application. Applicants  for  participation  in  the  [pilot]
program  established pursuant to this article shall be among those acci-
dent prevention course sponsoring agencies that have a  course  approved
by the commissioner pursuant to article twelve-B of this title [prior to
the effective date of this article and which deliver] AND HAVE SATISFAC-
TORILY  DELIVERED such course to the public FOR A PERIOD OF ONE YEAR AND
CONTINUE TO DELIVER SUCH COURSE, UNLESS EXEMPTED  BY  THE  COMMISSIONER.
[Provided,  however,  the  commissioner  may,  in his or her discretion,
approve applications after such date.]  In  order  to  be  approved  for
participation  in  such [pilot] program, the course must comply with the
provisions of law,  rules  and  regulations  applicable  thereto.    The
commissioner  may,  in  his  or  her  discretion,  impose  a fee for the
submission of each application to participate  in  the  [pilot]  program
established  pursuant  to  this article. Such fee shall not exceed seven
thousand five hundred dollars. The  proceeds  from  such  fee  shall  be
deposited  in the accident prevention course internet technology [pilot]
program fund as  established  by  section  eighty-nine-g  of  the  state
finance law.
  S 4. Subdivision 2 of section 399-n of the vehicle and traffic law, as
added by chapter 751 of the laws of 2005, is amended to read as follows:
  2.  The  commissioner is authorized to impose a fee upon each accident
prevention course sponsoring agency approved for  participation  in  the
[pilot]  program,  which shall not exceed eight dollars for each student
who completes an accident prevention course  by  means  of  the  [pilot]
program established pursuant to this article.
  S  5. The section heading, subdivisions 1 and 3 of section 89-g of the
state finance law, as added by chapter 751 of  the  laws  of  2005,  are
amended to read as follows:
  Accident  prevention  course  internet,  and  other technology [pilot]
program fund. 1. There is hereby established in the joint custody of the
state comptroller and the commissioner of taxation and finance a special
fund to be known as the "accident prevention course internet, and  other
technology [pilot] program fund".
  3.  The  moneys  in the accident prevention course internet, and other
technology [pilot] program fund shall be kept separate and shall not  be
commingled  with  any other moneys in the custody of the commissioner of
taxation and finance and the state comptroller.
  S 6. Section 5 of chapter 751 of the laws of 2005, amending the insur-
ance law and the vehicle and traffic law, relating to  establishing  the
accident prevention course internet technology pilot program, is amended
to read as follows:
  S 5. This act shall take effect on the one hundred eightieth day after
it shall have become a law [and shall expire and be deemed repealed five
years  after  the date that the accident prevention course internet, and
other technology pilot program is established  and  implemented  by  the

S. 6357                            17                            A. 8557

commissioner  of  motor vehicles pursuant to article 12-C of the vehicle
and traffic law, as added by section three of this act];  provided  that
any  rules and regulations necessary to implement the provisions of this
act on its effective date are authorized and directed to be completed on
or  before  such  date;  and provided, further, that the commissioner of
motor vehicles shall notify the legislative bill drafting commission  of
the  date  he  or she establishes and implements the accident prevention
course internet technology pilot program pursuant to article 12-C of the
vehicle and traffic law, as added by section three of this act, in order
that such commission may maintain an accurate and timely effective  data
base of the official text of the laws of the state of New York in furth-
erance  of effecting the provisions of section 44 of the legislative law
and section 70-b of the public officers law.
  S 7. This act shall take effect immediately;  provided  that  sections
one through five of this act shall take effect May 18, 2014.

                                 PART F

  Section  1.  Subdivision 3 of section 510-a of the vehicle and traffic
law is amended by adding a new paragraph (f) to read as follows:
  (F) A COMMERCIAL DRIVER'S LICENSE SHALL BE SUSPENDED  BY  THE  COMMIS-
SIONER  IF  THE  HOLDER  FAILS  TO  AMEND THE LICENSE TO ADD OR REMOVE A
LICENSE RESTRICTION AS DIRECTED BY  THE  COMMISSIONER.  SUCH  SUSPENSION
SHALL  REMAIN  IN  EFFECT  UNTIL  THE  HOLDER OF THE COMMERCIAL DRIVER'S
LICENSE AMENDS HIS OR HER LICENSE AS DIRECTED BY THE  COMMISSIONER.  THE
COMMISSIONER  SHALL  DIRECT  THE  HOLDER  OF  SUCH  COMMERCIAL  DRIVER'S
LICENSE, BY FIRST CLASS MAIL TO THE ADDRESS OF SUCH PERSON ON FILE  WITH
THE  DEPARTMENT  OR AT THE CURRENT ADDRESS PROVIDED BY THE UNITED STATES
POSTAL SERVICE, TO AMEND HIS  OR  HER  COMMERCIAL  DRIVER'S  LICENSE  BY
ADDING  OR  REMOVING  A SPECIFIED RESTRICTION, AND THAT FAILURE TO AMEND
SUCH LICENSE AS DIRECTED SHALL RESULT IN THE SUSPENSION OF  HIS  OR  HER
COMMERCIAL DRIVER'S LICENSE NO EARLIER THAN THIRTY DAYS FROM THE DATE OF
THE NOTICE TO SUCH HOLDER.
  S 2. Subdivision 1-a of section 509 of the vehicle and traffic law, as
added  by  section  1  of  part  J of chapter 59 of the laws of 2006, is
amended to read as follows:
  1-a. Whenever a license is required  to  operate  a  commercial  motor
vehicle,  no person shall operate a commercial motor vehicle without the
proper endorsements for the specific vehicle being operated or  for  the
passengers  or  type  of  cargo being transported; OR WITHOUT THE PROPER
RESTRICTIONS OR WITH RESTRICTIONS THAT ARE INAPPLICABLE TO  OR  INAPPRO-
PRIATE FOR THE HOLDER FOR HIS OR HER OPERATION OF COMMERCIAL MOTOR VEHI-
CLES.
  S 3. This act shall take effect immediately.

                                 PART G

  Section 1. Section 2985 of title 11 of article 9 of the public author-
ities law is designated title 11-A and such title is amended by adding a
new title heading to read as follows:
                            TOLL COLLECTIONS
  S  2.  Subdivision 1 of section 2985 of the public authorities law, as
added by chapter 379 of the laws of 1992, is amended to read as follows:
  1. Notwithstanding any other provision of law, every public  authority
which  operates  a  toll highway bridge and/or tunnel facility is hereby
authorized and empowered to impose monetary liability [on the owner of a

S. 6357                            18                            A. 8557

vehicle] for failure [of an operator thereof] to comply  with  the  toll
collection  regulations  of such public authority in accordance with the
provisions of this section.
  S  3.  Subdivision 3 of section 2985 of the public authorities law, as
added by chapter 379 of the laws of 1992, is amended to read as follows:
  3. For purposes of this section,  the  term  "owner"  shall  mean  any
person,  corporation,  partnership, firm, agency, association, lessor or
organization who, at the time of the violation OR WHEN THE OBLIGATION TO
PAY THE TOLL IS INCURRED and with respect to the vehicle  identified  in
the  notice  of  liability:  (a) is the beneficial or equitable owner of
such vehicle; or (b) has title to such vehicle; or (c) is the registrant
or co-registrant of such vehicle which is registered with the department
of motor vehicles of this state or any other state, territory, district,
province, nation or other jurisdiction; or (d) subject  to  the  limita-
tions set forth in subdivision ten of this section, uses such vehicle in
its  vehicle  renting and/or leasing business; and includes (e) a person
entitled to the use and possession of a vehicle subject  to  a  security
interest  in  another  person.  For  purposes  of this section, the term
"photo-monitoring system" shall mean a vehicle sensor installed to  work
in  conjunction  with  a  toll  collection  facility which automatically
produces one or more photographs, one or more microphotographs, a  vide-
otape or other recorded images of each vehicle at the time it is used or
operated  in  [violation  of toll collection regulations] OR UPON A TOLL
FACILITY.  For purposes of this section, the term "toll collection regu-
lations" shall mean: those rules and regulations of a  public  authority
providing  for  and  requiring  the  payment  of  tolls  and/or  charges
prescribed by such public authority for the use of bridges,  tunnels  or
highways  under  its  jurisdiction  or  those rules and regulations of a
public authority making it unlawful to refuse to pay or to evade  or  to
attempt  to  evade  the payment of all or part of any toll and/or charge
for the use of bridges, tunnels or highways under  the  jurisdiction  of
such  public authority. For purposes of this section, the term "vehicle"
shall mean every device in, upon or by which a person or property is  or
may  be  transported or drawn upon a highway, except devices used exclu-
sively upon stationary rails or tracks.
  S 4. Subdivision 4 of section 2985 of the public authorities  law,  as
added by chapter 379 of the laws of 1992, is amended to read as follows:
  4.  A  certificate,  sworn  to  or  affirmed by an agent of the public
authority which charged that the  violation  occurred,  or  a  facsimile
thereof,  based upon inspection of [photographs, microphotographs, vide-
otape or other recorded images] DATA OR IMAGES produced by [a photo-mon-
itoring] AN ELECTRONIC TOLL COLLECTION system  OR  OTHER  RECORDS  MAIN-
TAINED BY OR ON BEHALF OF THE PUBLIC AUTHORITY REGARDING TOLL VIOLATIONS
shall  be  prima facie evidence of the facts contained therein and shall
be admissible in any proceeding charging a violation of toll  collection
regulations, provided that any [photographs, microphotographs, videotape
or  other recorded images] SUCH DATA, IMAGES, OR RECORDS evidencing such
a violation  shall  be  available  for  inspection  and  admission  into
evidence  in  any  proceeding  to  adjudicate  the  liability  for  such
violation.
  S 5. Subdivision 5 of section 2985 of the public authorities  law,  as
added by chapter 379 of the laws of 1992, is amended to read as follows:
  5.  An  owner  found  liable  for a violation of toll collection regu-
lations pursuant to this section shall for a first violation thereof  be
liable  for  THE FULL AMOUNT OF THE ASSESSED TOLLS AND OTHER CHARGES AND
FEES IN ADDITION TO a monetary penalty not to exceed [fifty] ONE HUNDRED

S. 6357                            19                            A. 8557

dollars or two times the toll evaded whichever is greater; for a  second
violation  thereof  both  within  eighteen months be liable for THE FULL
AMOUNT OF THE ASSESSED TOLLS AND OTHER CHARGES AND FEES IN ADDITION TO a
monetary  penalty  not to exceed [one] TWO hundred dollars or five times
the toll  evaded  whichever  is  greater;  for  a  third  or  subsequent
violation  thereof  all  within  eighteen  months be liable for THE FULL
AMOUNT OF THE ASSESSED TOLLS AND OTHER CHARGES AND FEES IN ADDITION TO a
monetary penalty not to exceed [one] THREE hundred  [fifty]  dollars  or
ten times the toll evaded whichever is greater.
  S  6.  Paragraphs (a), (b) and (d) of subdivision 7 of section 2985 of
the public authorities law, as added by chapter 379 of the laws of 1992,
are amended to read as follows:
  (a) A notice of liability shall be sent by first class  mail  to  each
person  alleged  to  be  liable  as  an  owner  for  a violation of toll
collection regulations. Such notice shall be mailed no later than [thir-
ty] ONE HUNDRED TWENTY days after the alleged violation. Personal deliv-
ery on the owner shall not be required. A manual or automatic record  of
mailing prepared in the ordinary course of business shall be prima facie
evidence of the mailing of the notice.
  (b)  A  notice  of liability shall contain the name and address of the
person alleged to be  liable  as  an  owner  for  a  violation  of  toll
collection regulations pursuant to this section, the registration number
AND STATE OF REGISTRATION of the vehicle involved in such violation, the
[location where such violation took place, the date and time] LOCATIONS,
DATES AND TIMES of EACH USE OF THE FACILITY THAT FORMS THE BASIS OF such
violation,  THE AMOUNT OF THE ASSESSED TOLLS AND OTHER CHARGES AND FEES,
and the identification number of the [photo-monitoring] ELECTRONIC  TOLL
COLLECTION  system  which recorded the [violation] VEHICLE BEING USED OR
OPERATED ON THE TOLL FACILITY or other document locator number.
  (d) The notice of liability shall be prepared  and  mailed  by  OR  ON
BEHALF OF the public authority having jurisdiction over the toll facili-
ty where the violation of toll collection regulations occurred.
  S  7.  Subdivision 8 of section 2985 of the public authorities law, as
added by chapter 379 of the laws of 1992, is amended to read as follows:
  8. Adjudication of the liability imposed upon owners by  this  section
shall  be by the entity having jurisdiction over violations of the rules
and regulations of the public authority serving the notice of  liability
or  where  authorized  by  an administrative tribunal and all violations
shall be heard and determined in the county in which  the  violation  is
alleged  to  have  occurred, or in New York city and upon the consent of
both parties, in any county within New York city  in  which  the  public
authority  operates  or  maintains a facility, and in the same manner as
charges of other regulatory  violations  of  such  public  authority  or
pursuant to the rules and regulations of such administrative tribunal as
the  case may be. THE ENTITY OR ADMINISTRATIVE TRIBUNAL THAT ADJUDICATES
LIABILITY FOR A VIOLATION SHALL COLLECT THE FULL AMOUNT OF THE  ASSESSED
TOLLS  AND  OTHER  CHARGES  AND FEES IN ADDITION TO THE MONETARY PENALTY
OWED, AND SHALL PAY TO THE PUBLIC AUTHORITY WHOSE TOLL COLLECTION  REGU-
LATIONS  WERE  VIOLATED  THE FULL AMOUNT OF THE ASSESSED TOLLS AND OTHER
CHARGES AND FEES AND ONE-HALF OF THE MONETARY PENALTY.
  S 8. Subdivision 10 of section 2985 of the public authorities law,  as
amended  by  chapter  666  of  the  laws  of 1993, is amended to read as
follows:
  10. An owner who is a lessor of a vehicle to which a notice of liabil-
ity was issued pursuant to subdivision seven of this section  shall  not
be  liable  for the violation of the toll collection regulation provided

S. 6357                            20                            A. 8557

that he or she sends to the public  authority  [serving  the  notice  of
liability  and  to the court or other entity having jurisdiction] OR ITS
DULY AUTHORIZED AGENT FOR THIS PURPOSE a copy of the  rental,  lease  or
other  such  contract document covering such vehicle on the date of [the
violation] USE OF A TOLL FACILITY, with the  name  and  address  of  the
lessee   clearly  legible,  within  thirty  days  after  receiving  [the
original] notice of  [liability]  USE  OF  THE  TOLL  FACILITY  BY  SUCH
VEHICLE.    Failure to send such information within such thirty day time
period shall render the lessor liable for the penalty prescribed by this
section. Where the lessor complies with the provisions of this  subdivi-
sion,  the lessee of such vehicle on the date of such [violation] USE OF
THE TOLL FACILITY shall be deemed to be the owner of  such  vehicle  for
purposes  of  this  section  and  shall  be subject to liability for the
violation of toll collection  regulations[,  provided  that  the  public
authority  mails  a  notice  of  liability to the lessee within ten days
after the court, or other entity having jurisdiction, deems  the  lessee
to  be  the  owner].  For purposes of this subdivision the term "lessor"
shall mean any person, corporation, firm, partnership,  agency,  associ-
ation  or  organization  engaged  in  the business of renting or leasing
vehicles to any lessee under a  rental  agreement,  lease  or  otherwise
wherein  the  said  lessee has the exclusive use of said vehicle for any
period of time. For purposes of  this  subdivision,  the  term  "lessee"
shall  mean  any person, corporation, firm, partnership, agency, associ-
ation or organization that rents, leases or contracts for the use of one
or more vehicles and has exclusive use thereof for any period of time.
  S 9. Subdivision 11 of section 2985 of the public authorities law,  as
added by chapter 379 of the laws of 1992, is amended to read as follows:
  11. Except as provided in subdivision ten of this section, if a person
receives  a  notice  of liability pursuant to this section it shall be a
valid defense to an allegation of liability  for  a  violation  of  toll
collection  regulations  that  the individual who received the notice of
liability pursuant to this section was not the owner of the  vehicle  at
the time the [violation occurred] OBLIGATION FOR PAYMENT OF THE TOLL AND
OTHER CHARGES WAS INCURRED.  If the owner liable for a violation of toll
collection  regulations pursuant to this section was not the operator of
the vehicle at the time of the violation,  the  owner  may  maintain  an
action for indemnification against the operator.
  S 10. Subdivision 12 of section 2985 of the public authorities law, as
added by chapter 379 of the laws of 1992, is amended to read as follows:
  12.  "Electronic  toll  collection  system"  shall  mean  a  system of
collecting tolls or OTHER charges  [which  is  capable  of  charging  an
account  holder the appropriate toll or charge by transmission of infor-
mation from an electronic device on a motor vehicle to  the  toll  lane,
which  information is used to charge the account the appropriate toll or
charge] USING ELECTRONIC DATA AND IMAGES.   In adopting  procedures  for
the preparation and mailing of a notice of liability, the public author-
ity having jurisdiction over the toll facility shall adopt guidelines to
ensure  adequate  and  timely  notice  to all electronic toll collection
system account holders to inform them when  their  accounts  are  delin-
quent.  An  owner  who  is  an  account holder under the electronic toll
collection system shall not be found liable  for  a  violation  of  this
section  unless such authority has first sent a notice of delinquency to
such account holder and the account holder was in fact delinquent at the
time of the violation.
  S 11. Section 2985 of the public authorities law is amended  by adding
three new subdivisions 15, 16 and 17 to read as follows:

S. 6357                            21                            A. 8557

  15.   IN ADDITIONAL TO ANY MONETARY  LIABILITY  THAT  MAY  BE  IMPOSED
PURSUANT  TO THIS SECTION, A PUBLIC AUTHORITY THAT OPERATES A TOLL HIGH-
WAY, BRIDGE OR TUNNEL FACILITY IS HEREBY  AUTHORIZED  AND  EMPOWERED  TO
IMPOSE  AN  ADMINISTRATIVE  FEE  OR  FEES ON AN OWNER, AN OPERATOR OR AN
ACCOUNT HOLDER THAT HAS VIOLATED TOLL COLLECTION REGULATIONS.
  16.  ANY  NOTICE REQUIRED TO BE SENT PURSUANT TO THIS SECTION BY FIRST
CLASS MAIL MAY INSTEAD BE SENT, WITH CONSENT,  BY  ELECTRONIC  MEANS  OF
COMMUNICATION. A MANUAL OR AUTOMATIC RECORD OF ELECTRONIC COMMUNICATIONS
PREPARED  IN THIS ORDINARY COURSE OF BUSINESS SHALL BE ADEQUATE EVIDENCE
OF ELECTRONIC NOTICE.
  17. THE NEW YORK STATE THRUWAY AUTHORITY AND THE NEW YORK STATE BRIDGE
AUTHORITY ARE AUTHORIZED TO ADOPT RULES AND REGULATIONS TO ESTABLISH  AN
ADMINISTRATIVE  TRIBUNAL  TO  ADJUDICATE  THE  LIABILITY  OF  OWNERS FOR
VIOLATION OF TOLL COLLECTION REGULATIONS AS DEFINED IN AND IN ACCORDANCE
WITH THE PROVISIONS OF THIS SECTION AND THE APPLICABLE TOLL  REGULATIONS
OF SUCH AUTHORITIES. SUCH TRIBUNAL SHALL HAVE, WITH RESPECT TO VIOLATION
OF TOLL COLLECTION REGULATIONS OF SUCH AUTHORITIES, NON-EXCLUSIVE JURIS-
DICTION OVER VIOLATIONS OF THE RULES AND REGULATIONS WHICH MAY FROM TIME
TO  TIME  BE  ESTABLISHED  BY  SUCH  AUTHORITIES  IN ACCORDANCE WITH THE
PROVISIONS OF THIS SECTION. VIOLATIONS SHALL BE HEARD AND DETERMINED  IN
THE  COUNTY IN WHICH THE VIOLATION IS ALLEGED TO HAVE OCCURRED OR IN THE
COUNTY IN WHICH THE PUBLIC AUTHORITY HAS ITS PRIMARY OR REGIONAL  ADMIN-
ISTRATIVE  OFFICES  AND REGULATIONS MAY PROVIDE FOR THE CONDUCT OF HEAR-
INGS VIA VIDEOCONFERENCING.
  S 12. Subdivision 2 of section  87  of  the  public  officers  law  is
amended by adding a new paragraph (n) to read as follows:
  (N)  ARE  DATA  OR  IMAGES  PRODUCED  BY AN ELECTRONIC TOLL COLLECTION
SYSTEM UNDER AUTHORITY OF SECTION TWO THOUSAND NINE HUNDRED  EIGHTY-FIVE
OF THE PUBLIC AUTHORITIES LAW.
  S  13.  Subdivision 4-d of section 510 of the vehicle and traffic law,
as added by chapter 379 of the laws of  1992,  is  amended  to  read  as
follows:
  4-d. Suspension of registration for failure to answer or pay penalties
with  respect to certain violations. Upon the receipt of a notification,
IN THE MANNER AND FORM PRESCRIBED BY  THE  COMMISSIONER,  from  a  court
[or],  an  administrative  tribunal,  A  PUBLIC  AUTHORITY, OR ANY OTHER
PUBLIC ENTITY IMPOSING VIOLATIONS, that an  owner  of  a  motor  vehicle
failed  to  appear  on  the  return  date  or  dates or a new subsequent
adjourned date or dates or failed to pay any penalty imposed by a  court
or  failed to comply with the rules and regulations of an administrative
tribunal following entry of a final decision or decisions,  in  response
to  [five]  THREE  or more notices of liability or other process, issued
within an eighteen month period FROM ANY AND ALL JURISDICTIONS  charging
such owner with a violation of toll collection regulations in accordance
with  the provisions of section two thousand nine hundred eighty-five of
the  public  authorities  law  or  sections  sixteen-a,  sixteen-b   and
sixteen-c  of chapter seven hundred seventy-four of the laws of nineteen
hundred fifty, OR OTHER COMPARABLE LAW, the commissioner or his  OR  HER
agent shall suspend the registration of the vehicle or vehicles involved
in  the  violation  or  the  privilege of operation of any motor vehicle
owned by the registrant. Such suspension shall take effect no less  than
thirty days from the date on which notice thereof is sent by the commis-
sioner  to  the  person whose registration or privilege is suspended and
shall remain in effect until such registrant has appeared in response to
such notices of liability or has paid such penalty or in the case of  an

S. 6357                            22                            A. 8557

administrative  tribunal, the registrant has complied with the rules and
regulations following the entry of a final decision or decisions.
  S  14. Subdivision 8 of section 402 of the vehicle and traffic law, as
amended by chapter 61 of the laws of 1989 and as renumbered  by  chapter
648  of the laws of 2006, is amended and a new subdivision 9 is added to
read as follows:
  8. [The] EXCEPT AS PROVIDED IN SUBDIVISION NINE OF THIS  SECTION,  THE
violation of this section shall be punishable by a fine of not less than
twenty-five nor more than two hundred dollars.
  9.  THE  VIOLATION  OF  THIS  SECTION ON A TOLL HIGHWAY, BRIDGE AND/OR
TUNNEL FACILITY SHALL BE PUNISHABLE BY A  FINE  OF  NOT  LESS  THAN  ONE
HUNDRED NOR MORE THAN FIVE HUNDRED DOLLARS.
  S  15.  Subparagraph  (i) of paragraph a of subdivision 5-a of section
401 of the vehicle and traffic law, as amended by section 9  of  chapter
189 of the laws of 2013, is amended to read as follows:
  (i) If at the time of application for a registration or renewal there-
of  there  is  a  certification from a court, parking violations bureau,
traffic and parking violations  agency  or  administrative  tribunal  of
appropriate  jurisdiction  [or  administrative  tribunal  of appropriate
jurisdiction] that the registrant or his or her representative failed to
appear on the return date or any subsequent adjourned date or failed  to
comply  with  the  rules  and  regulations of an administrative tribunal
following entry of a final decision in response to a total of  three  or
more summonses or other process in the aggregate, issued within an eigh-
teen  month  period,  charging  either  that: (i) such motor vehicle was
parked, stopped or standing, or that such motor vehicle was operated for
hire by the registrant or his or her agent without being licensed  as  a
motor  vehicle for hire by the appropriate local authority, in violation
of any of the provisions of this chapter or of any law, ordinance,  rule
or  regulation  made  by  a  local authority; or (ii) the registrant was
liable in accordance with section eleven hundred eleven-a of this  chap-
ter  or  section eleven hundred eleven-b of this chapter for a violation
of subdivision (d) of section eleven hundred eleven of this chapter;  or
(iii)  the  registrant  was  liable  in  accordance  with section eleven
hundred eleven-c  of  this  chapter  for  a  violation  of  a  bus  lane
restriction  as  defined  in  such  section,  or (iv) the registrant was
liable in accordance with section eleven hundred eighty-b of this  chap-
ter  for a violation of subdivision (c) or (d) of section eleven hundred
eighty of this chapter; OR (V) THE REGISTRANT WAS LIABLE  IN  ACCORDANCE
WITH SECTION TWO THOUSAND NINE HUNDRED EIGHTY-FIVE OF THE PUBLIC AUTHOR-
ITIES LAW OR SECTIONS SIXTEEN-A, SIXTEEN-B OR SIXTEEN-C OF CHAPTER SEVEN
HUNDRED  SEVENTY-FOUR OF THE LAWS OF NINETEEN HUNDRED FIFTY, the commis-
sioner or his or her agent shall deny the registration or renewal appli-
cation until the applicant provides proof from the  court,  traffic  and
parking violations agency or administrative tribunal wherein the charges
are pending that an appearance or answer has been made or in the case of
an  administrative  tribunal  that he or she has complied with the rules
and regulations of said tribunal following entry of  a  final  decision.
Where an application is denied pursuant to this section, the commission-
er  may, in his or her discretion, deny a registration or renewal appli-
cation to any other person for the same vehicle and may deny a registra-
tion or renewal application for any other motor  vehicle  registered  in
the  name  of  the  applicant where the commissioner has determined that
such registrant's intent has been to evade the purposes of this subdivi-
sion and where the commissioner has reasonable grounds to  believe  that
such  registration  or  renewal  will  have  the effect of defeating the

S. 6357                            23                            A. 8557

purposes of this subdivision. Such denial shall only remain in effect as
long as the summonses remain unanswered, or in the case of  an  adminis-
trative  tribunal,  the  registrant  fails  to comply with the rules and
regulations following entry of a final decision.
  S  15-a.  Paragraph a of subdivision 5-a of section 401 of the vehicle
and traffic law, as amended by section 9-a of chapter 189 of the laws of
2013, is amended to read as follows:
  a. If at the time of application for a registration or renewal thereof
there is a certification from a  court  or  administrative  tribunal  of
appropriate  jurisdiction  that  the  registrant or his or her represen-
tative failed to appear on the return date or any  subsequent  adjourned
date  or  failed to comply with the rules and regulations of an adminis-
trative tribunal following entry of a final decision in  response  to  a
total  of  three  or  more  summonses or other process in the aggregate,
issued within an eighteen month period, charging either that:  (i)  such
motor  vehicle was parked, stopped or standing, or that such motor vehi-
cle was operated for hire by the registrant or his or her agent  without
being  licensed  as  a  motor  vehicle for hire by the appropriate local
authority, in violation of any of the provisions of this chapter  or  of
any  law,  ordinance,  rule  or regulation made by a local authority; or
(ii) the registrant was liable in accordance with section eleven hundred
eleven-b of this chapter for a violation of subdivision (d)  of  section
eleven  hundred  eleven  of  this  chapter;  or (iii) the registrant was
liable in accordance with section eleven hundred eleven-c of this  chap-
ter  for  a  violation  of  a  bus  lane  restriction as defined in such
section; or (iv) the registrant was liable in  accordance  with  section
eleven  hundred  eighty-b of this chapter for a violation of subdivision
(b), (c), (d), (f) or (g) of section eleven hundred eighty of this chap-
ter; OR (V) THE REGISTRANT WAS LIABLE IN  ACCORDANCE  WITH  SECTION  TWO
THOUSAND  NINE  HUNDRED  EIGHTY-FIVE  OF  THE  PUBLIC AUTHORITIES LAW OR
SECTIONS SIXTEEN-A, SIXTEEN-B OR  SIXTEEN-C  OF  CHAPTER  SEVEN  HUNDRED
SEVENTY-FOUR  OF THE LAWS OF NINETEEN HUNDRED FIFTY, the commissioner or
his or her agent shall deny  the  registration  or  renewal  application
until  the  applicant  provides  proof  from the court or administrative
tribunal wherein the charges are pending that an  appearance  or  answer
has  been  made  or in the case of an administrative tribunal that he or
she has complied with the rules and regulations of said tribunal follow-
ing entry of a final decision. Where an application is  denied  pursuant
to  this section, the commissioner may, in his or her discretion, deny a
registration or renewal application to any other  person  for  the  same
vehicle and may deny a registration or renewal application for any other
motor  vehicle registered in the name of the applicant where the commis-
sioner has determined that such registrant's intent has  been  to  evade
the  purposes of this subdivision and where the commissioner has reason-
able grounds to believe that such registration or renewal will have  the
effect  of defeating the purposes of this subdivision. Such denial shall
only remain in effect as long as the summonses remain unanswered, or  in
the  case  of an administrative tribunal, the registrant fails to comply
with the rules and regulations following entry of a final decision.
  S 15-b. Paragraph a of subdivision 5-a of section 401 of  the  vehicle
and traffic law, as amended by section 9-b of chapter 189 of the laws of
2013, is amended to read as follows:
  a. If at the time of application for a registration or renewal thereof
there  is  a  certification  from  a court or administrative tribunal of
appropriate jurisdiction that the registrant or  his  or  her  represen-
tative  failed  to appear on the return date or any subsequent adjourned

S. 6357                            24                            A. 8557

date or failed to comply with the rules and regulations of  an  adminis-
trative  tribunal  following  entry  of  a final decision in response to
three or more summonses or other  process,  issued  within  an  eighteen
month  period,  charging  that such motor vehicle was parked, stopped or
standing, or that such motor vehicle was operated for hire by the regis-
trant or his or her agent without being licensed as a motor vehicle  for
hire  by  the  appropriate  local  authority, in violation of any of the
provisions of this chapter or of any law, ordinance, rule or  regulation
made  by  a  local authority, or the registrant was liable in accordance
with section eleven hundred eleven-c of this chapter for a violation  of
a bus lane restriction as defined in such section, or the registrant was
liable  in accordance with section eleven hundred eighty-b of this chap-
ter for a violation of subdivision (b), (c), (d), (f) or (g) of  section
eleven  hundred  eighty of this chapter, OR THE REGISTRANT WAS LIABLE IN
ACCORDANCE WITH SECTION TWO THOUSAND NINE  HUNDRED  EIGHTY-FIVE  OF  THE
PUBLIC  AUTHORITIES LAW OR SECTIONS SIXTEEN-A, SIXTEEN-B OR SIXTEEN-C OF
CHAPTER SEVEN HUNDRED SEVENTY-FOUR  OF  THE  LAWS  OF  NINETEEN  HUNDRED
FIFTY,  the commissioner or his or her agent shall deny the registration
or renewal application until the applicant provides proof from the court
or administrative tribunal wherein  the  charges  are  pending  that  an
appearance  or  answer has been made or in the case of an administrative
tribunal that he or she has complied with the rules and  regulations  of
said  tribunal following entry of a final decision. Where an application
is denied pursuant to this section, the commissioner may, in his or  her
discretion,  deny  a  registration  or  renewal application to any other
person for the same vehicle and  may  deny  a  registration  or  renewal
application  for  any  other motor vehicle registered in the name of the
applicant where the commissioner has determined that  such  registrant's
intent  has been to evade the purposes of this subdivision and where the
commissioner has reasonable grounds to believe that such registration or
renewal will have the effect of defeating the purposes of this  subdivi-
sion.  Such  denial shall only remain in effect as long as the summonses
remain unanswered, or in the case of  an  administrative  tribunal,  the
registrant  fails  to  comply  with  the rules and regulations following
entry of a final decision.
  S 15-c. Paragraph a of subdivision 5-a of section 401 of  the  vehicle
and traffic law, as amended by section 9-c of chapter 189 of the laws of
2013, is amended to read as follows:
  a. If at the time of application for a registration or renewal thereof
there  is  a  certification  from  a court or administrative tribunal of
appropriate jurisdiction  that  the  registrant  or  his  representative
failed  to appear on the return date or any subsequent adjourned date or
failed to comply with the rules and  regulations  of  an  administrative
tribunal  following  entry  of  a final decision in response to three or
more summonses or other process, issued within an eighteen month period,
charging that such motor vehicle was parked,  stopped  or  standing,  or
that  such  motor vehicle was operated for hire by the registrant or his
agent without being licensed as a motor vehicle for hire by  the  appro-
priate  local  authority,  in violation of any of the provisions of this
chapter or of any law, ordinance, rule or regulation  made  by  a  local
authority, or the registrant was liable in accordance with section elev-
en  hundred  eighty-b of this chapter for violations of subdivision (b),
(c), (d), (f) or (g) of section eleven hundred eighty of  this  chapter,
OR  THE  REGISTRANT  WAS  LIABLE IN ACCORDANCE WITH SECTION TWO THOUSAND
NINE HUNDRED EIGHTY-FIVE OF  THE  PUBLIC  AUTHORITIES  LAW  OR  SECTIONS
SIXTEEN-A,  SIXTEEN-B OR SIXTEEN-C OF CHAPTER SEVEN HUNDRED SEVENTY-FOUR

S. 6357                            25                            A. 8557

OF THE LAWS OF NINETEEN HUNDRED FIFTY, the  commissioner  or  his  agent
shall  deny  the registration or renewal application until the applicant
provides proof from the court or  administrative  tribunal  wherein  the
charges are pending that an appearance or answer has been made or in the
case  of  an administrative tribunal that he has complied with the rules
and regulations of said tribunal following entry of  a  final  decision.
Where an application is denied pursuant to this section, the commission-
er may, in his discretion, deny a registration or renewal application to
any  other  person  for  the same vehicle and may deny a registration or
renewal application for any other motor vehicle registered in  the  name
of  the applicant where the commissioner has determined that such regis-
trant's intent has been to evade the purposes of  this  subdivision  and
where  the  commissioner  has  reasonable  grounds  to believe that such
registration or renewal will have the effect of defeating  the  purposes
of  this subdivision. Such denial shall only remain in effect as long as
the summonses remain unanswered, or in the  case  of  an  administrative
tribunal,  the registrant fails to comply with the rules and regulations
following entry of a final decision.
  S 15-d. Paragraph a of subdivision 5-a of section 401 of  the  vehicle
and  traffic  law,  as separately amended by chapters 339 and 592 of the
laws of 1987, is amended to read as follows:
  a. If at the time of application for a registration or renewal thereof
there is a certification from a  court  or  administrative  tribunal  of
appropriate  jurisdiction  that  the  registrant  or  his representative
failed to appear on the return date or any subsequent adjourned date  or
failed  to  comply  with  the rules and regulations of an administrative
tribunal following entry of a final decision in  response  to  three  or
more summonses or other process, issued within an eighteen month period,
charging  that  such  motor  vehicle was parked, stopped or standing, or
that such motor vehicle was operated for hire by the registrant  or  his
agent  without  being licensed as a motor vehicle for hire by the appro-
priate local authority, in violation of any of the  provisions  of  this
chapter  or  of  any  law, ordinance, rule or regulation made by a local
authority, OR THE REGISTRANT WAS LIABLE IN ACCORDANCE WITH  SECTION  TWO
THOUSAND  NINE  HUNDRED  EIGHTY-FIVE  OF  THE  PUBLIC AUTHORITIES LAW OR
SECTIONS SIXTEEN-A, SIXTEEN-B OR  SIXTEEN-C  OF  CHAPTER  SEVEN  HUNDRED
SEVENTY-FOUR  OF THE LAWS OF NINETEEN HUNDRED FIFTY, the commissioner or
his agent shall deny the registration or renewal application  until  the
applicant provides proof from the court or administrative tribunal wher-
ein  the  charges are pending that an appearance or answer has been made
or in the case of an administrative tribunal that he has  complied  with
the  rules  and  regulations of said tribunal following entry of a final
decision. Where an application is denied pursuant to this  section,  the
commissioner  may,  in  his  discretion,  deny a registration or renewal
application to any other person for the same  vehicle  and  may  deny  a
registration  or  renewal application for any other motor vehicle regis-
tered in the name of the applicant where the commissioner has determined
that such registrant's intent has been to evade  the  purposes  of  this
subdivision and where the commissioner has reasonable grounds to believe
that  such registration or renewal will have the effect of defeating the
purposes of this subdivision. Such denial shall only remain in effect as
long as the summonses remain unanswered, or in the case of  an  adminis-
trative  tribunal,  the  registrant  fails  to comply with the rules and
regulations following entry of a final decision.
  S 16. The vehicle and traffic law is amended by adding a  new  section
518 to read as follows:

S. 6357                            26                            A. 8557

  S 518. RECIPROCAL AGREEMENTS CONCERNING SUSPENSION OR DENIAL OF REGIS-
TRATION  OF  A  MOTOR  VEHICLE  FOR  VIOLATIONS OF TOLL COLLECTION REGU-
LATIONS. 1. THE COMMISSIONER MAY EXECUTE A RECIPROCAL COMPACT OR  AGREE-
MENT  REGARDING  TOLL  COLLECTION  VIOLATIONS  WITH  THE  MOTOR  VEHICLE
ADMINISTRATOR  OR  OTHER AUTHORIZED OFFICIAL OF ANOTHER STATE NOT INCON-
SISTENT WITH THE PROVISIONS OF THIS CHAPTER. SUCH COMPACT  OR  AGREEMENT
SHALL  PROVIDE  THAT  IF  A  REGISTRATION  OF  A  MOTOR VEHICLE WOULD BE
SUSPENDED PURSUANT TO SUBDIVISION FIVE-A OF SECTION FOUR HUNDRED ONE  OF
THIS  CHAPTER,  OR PURSUANT TO A COMPARABLE LAW OR REGULATION OF ANOTHER
STATE, OR IF THE REGISTRATION OR RENEWAL OF A  MOTOR  VEHICLE  WOULD  BE
DENIED PURSUANT TO SUBDIVISION FOUR-D OF SECTION 510 OF THIS ARTICLE, OR
PURSUANT  TO A COMPARABLE LAW OR REGULATION OF ANOTHER STATE, BECAUSE AN
OWNER OF A MOTOR VEHICLE (A) FAILED TO APPEAR, (B)  FAILED  TO  PAY  ANY
PENALTY  IMPOSED  BY A COURT, OR (C) FAILED TO COMPLY WITH THE RULES AND
REGULATIONS OF AN ADMINISTRATIVE TRIBUNAL FOLLOWING  ENTRY  OF  A  FINAL
DECISION  IN  RESPONSE  TO  THREE  OR MORE NOTICES OF LIABILITY OF OTHER
PROCESS ISSUED WITHIN AN EIGHTEEN-MONTH PERIOD IN  ACCORDANCE  WITH  THE
PROVISIONS  OF  SECTION  TWO  THOUSAND  NINE  HUNDRED EIGHTY-FIVE OF THE
PUBLIC AUTHORITIES LAW OR SECTIONS ONE THROUGH  SIXTEEN  AND  SIXTEEN-A,
SIXTEEN-B  AND  SIXTEEN-C  OF  CHAPTER SEVEN HUNDRED SEVENTY-FOUR OF THE
LAWS OF NINETEEN HUNDRED FIFTY, OR WITH ANY COMPARABLE LAW OR REGULATION
OF ANOTHER STATE, THEN THE STATE ISSUING THE REGISTRATION SHALL LIKEWISE
SUSPEND THE REGISTRATION OR DENY THE REGISTRATION OR RENEWAL, UNTIL SUCH
REGISTRANT OR APPLICANT HAS APPEARED IN  RESPONSE  TO  SUCH  NOTICES  OF
LIABILITY,  OR  HAS PAID SUCH PENALTY, OR, IN THE CASE OF AN ADMINISTRA-
TIVE TRIBUNAL, THE REGISTRANT OR APPLICANT HAS COMPLIED WITH  THE  RULES
AND REGULATIONS FOLLOWING THE ENTRY OF A FINAL DECISION OR DECISIONS.
  2.  SUCH COMPACT OR AGREEMENT SHALL ALSO PROVIDE SUCH TERMS AND PROCE-
DURES AS ARE NECESSARY AND PROPER TO FACILITATE ITS ADMINISTRATION.  ANY
SUCH COMPACT OR AGREEMENT SHALL SPECIFY THE VIOLATIONS  SUBJECT  TO  THE
COMPACT  OR  AGREEMENT,  AND SHALL INCLUDE A DETERMINATION OF COMPARABLE
VIOLATIONS IN EACH STATE IF ANY SUCH VIOLATIONS ARE OF  A  SUBSTANTIALLY
SIMILAR  NATURE  BUT  ARE  NOT DENOMINATED OR DESCRIBED IN PRECISELY THE
SAME WORDS IN EACH PARTY STATE.
  3. THE WORD "STATE" WHEN USED IN THIS SECTION SHALL  MEAN  ANY  STATE,
TERRITORY,  A  POSSESSION  OF THE UNITED STATES, DISTRICT OF COLUMBIA OR
ANY PROVINCE OF CANADA.
  S 17. Paragraph b of subdivision 2 of section 240 of the  vehicle  and
traffic  law, as added by chapter 715 of the laws of 1972, is amended to
read as follows:
  b. No charge may be  established  except  upon  proof  by  substantial
evidence;  EXCEPT THAT FOR AN ALLEGATION OF LIABILITY IN ACCORDANCE WITH
SECTION TWO THOUSAND NINE HUNDRED EIGHTY-FIVE OF THE PUBLIC  AUTHORITIES
LAW  OR  SECTIONS  SIXTEEN-A,  SIXTEEN-B  AND SIXTEEN-C OF CHAPTER SEVEN
HUNDRED SEVENTY-FOUR OF THE LAWS OF NINETEEN HUNDRED  FIFTY,  NO  CHARGE
MAY  BE  ESTABLISHED  EXCEPT  UPON PROOF BY PREPONDERANCE OF EVIDENCE AS
SUBMITTED.
  S 18. Subdivision 3 of section 165.15 of the penal law is  amended  to
read as follows:
  3. With intent to obtain railroad, subway, bus, air, taxi or any other
public  transportation  service  OR  TO  USE ANY HIGHWAY, PARKWAY, ROAD,
BRIDGE OR TUNNEL without payment of the lawful charge OR TOLL  therefor,
or to avoid payment of the lawful charge OR TOLL for such transportation
service  which  has  been  rendered to him OR HER OR FOR SUCH USE OF ANY
HIGHWAY, PARKWAY, ROAD, BRIDGE OR TUNNEL, he OR SHE obtains or  attempts
to  obtain  such  service  OR USE or avoids or attempts to avoid payment

S. 6357                            27                            A. 8557

therefor  by  force,  intimidation,  stealth,  deception  or  mechanical
tampering, or by unjustifiable failure or refusal to pay; or
  S  19. Subdivision 10 of section 1209-a of the public authorities law,
as amended by chapter 379 of the laws of 1992, is  amended  to  read  as
follows:
  10.  Funds. [All] EXCEPT FOR PENALTIES, EVADED TOLLS AND OTHER CHARGES
COLLECTED AND PAID TO THE TRIBOROUGH  BRIDGE  AND  TUNNEL  AUTHORITY  IN
ACCORDANCE  WITH  THE  PROVISIONS  OF  SECTION TWO THOUSAND NINE HUNDRED
EIGHTY-FIVE OF THIS CHAPTER, ALL penalties  collected  pursuant  to  the
provisions  of this section shall be paid to the authority to the credit
of a transit crime fund which the authority shall establish. Any sums in
this fund shall be used to pay for programs selected by the board of the
authority, in its discretion, to reduce  the  incidence  of  crimes  and
infractions on transit facilities, or to improve the enforcement of laws
against  such crimes and infractions. Such funds shall be in addition to
and not in substitution for any funds provided by the state or the  city
of New York for such purposes.
  S  20.  Section  1209-a  of  the  public authorities law is amended by
adding a new subdivision 11 to read as follows:
  11. NOTICE. ANY NOTICE OR COMMUNICATION REQUIRED TO BE  SENT  PURSUANT
TO THIS SECTION BY REGISTERED MAIL OR CERTIFIED MAIL MAY INSTEAD BE SENT
BY  FIRST  CLASS  MAIL OR, WITH CONSENT, BY ELECTRONIC MEANS OF COMMUNI-
CATION.
  S 21. Section 2 of chapter 774 of the laws of 1950, relating to agree-
ing with the state of New Jersey with respect to rules  and  regulations
governing  traffic  on  vehicular  crossings operated by the port of New
York authority, is amended to read as follows:
  S 2. No traffic shall be permitted  in  or  upon  vehicular  crossings
except upon the payment of such tolls and other charges as may from time
to time be prescribed by the port authority. It is hereby declared to be
unlawful  for  any person to refuse to pay, or to evade or to attempt to
evade the payment of such tolls or other charges.  THE OBLIGATION TO PAY
SUCH TOLLS AND OTHER CHARGES IS INCURRED AT THE TIME OF  ENTRY  INTO  OR
USE OF THE PARTICULAR VEHICULAR CROSSING.
  S  22.  Section  16-a  of chapter 774 of the laws of 1950, relating to
agreeing with the state of New Jersey with respect to  rules  and  regu-
lations governing traffic on vehicular crossings operated by the port of
New  York  authority,  as  added  by chapter 379 of the laws of 1992, is
amended to read as follows:
  S 16-a. Owner liability for failure of operator to  comply  with  toll
collection  regulations of the port authority. Notwithstanding any other
provision of law and in accordance  with  the  provisions  of  [section]
SECTIONS  16-b  AND  16-C of this act, an owner of a vehicle may be held
liable for failure of an  operator  thereof  to  comply  with  the  toll
collection  regulations of the port authority of New York and New Jersey
(hereinafter called port authority). The owner of  a  vehicle  shall  be
liable  pursuant  to  this  section if such vehicle was used or operated
with the permission of the owner, express or implied,  in  violation  of
the  toll  collection  regulations  of  the  port  authority,  and  such
violation is evidenced by information obtained from  a  photo-monitoring
system,  provided,  however,  that no owner of a vehicle shall be liable
where the operator of such vehicle has been convicted of a violation  of
those toll collection regulations for the same incident.
  S  23.  Section  16-b  of chapter 774 of the laws of 1950, relating to
agreeing with the state of New Jersey with respect to  rules  and  regu-
lations governing traffic on vehicular crossings operated by the port of

S. 6357                            28                            A. 8557

New  York authority, as added by chapter 379 of the laws of 1992, subdi-
vision f as amended by chapter 666 of the laws of 1993,  is  amended  to
read as follows:
  S 16-b. Imposition of liability for failure of operator to comply with
toll  collection  regulations  of  the port authority. The liability set
forth in section 16-a of this act, shall be imposed upon an owner for  a
violation  by an operator of the toll collection regulations of the port
authority occurring within the territorial limits of the  state  of  New
York in accordance with the following:
  a. For the purposes of this section AND SECTIONS 16-A AND 16-C OF THIS
ACT,  the  term "owner" shall mean any person, corporation, partnership,
firm, agency, association, lessor, or organization who, at the  time  of
the  violation [in any city in which a vehicle is operated] OR THE OBLI-
GATION FOR PAYMENT OF THE TOLL CHARGES IS INCURRED:  (i) is the  benefi-
cial or equitable owner of such vehicle; or (ii) has title to such vehi-
cle;  or  (iii) is the registrant or co-registrant of such vehicle which
is registered with the department of motor vehicles of this state or any
other state, territory, district, province, nation  or  other  jurisdic-
tion;  or  (iv) subject to the limitations set forth in subdivision f of
this section, uses such vehicle in its vehicle  renting  and/or  leasing
business;  and  includes (v) a person entitled to the use and possession
of a vehicle subject to a security interest in another person.  For  the
purposes  of  this  section,  the term "operator" shall mean any person,
corporation, firm, partnership,  agency,  association,  organization  or
lessee that uses or operates a vehicle with or without the permission of
the  owner,  and  an  owner  who  operates his or her own vehicle.   FOR
PURPOSES OF THIS SECTION AND SECTION 16-A OF THIS ACT, THE  TERM  "ELEC-
TRONIC  TOLL COLLECTION SYSTEM" SHALL MEAN A SYSTEM FOR COLLECTING TOLLS
OR OTHER CHARGES USING ELECTRONIC DATA AND IMAGES. For purposes of  this
section,  the term "photo-monitoring system" shall mean a vehicle sensor
installed to work in conjunction with a toll collection  facility  which
automatically  produces one or more photographs, one or more microphoto-
graphs, a videotape, or other recorded images of  each  vehicle  at  the
time  it  is used or operated in [violation of the toll collection regu-
lations of the port authority] OR UPON VEHICULAR CROSSINGS  OPERATED  BY
THE  PORT  AUTHORITY. For purposes of this section AND SECTIONS 16-A AND
16-C OF THIS ACT, the term "toll  collection  regulations  of  the  port
authority" shall refer to the traffic regulations for interstate vehicu-
lar  crossings operated by the port authority as set forth in this chap-
ter and in chapter 192 of the laws of New Jersey of  1950,  and  specif-
ically  that  section  of  the  laws  which prohibits traffic in or upon
vehicular crossings operated by  the  port  authority  except  upon  the
payment  of  such  tolls  and  other charges as may from time to time be
prescribed by the port authority and which further makes it unlawful for
any person to refuse to pay, or to evade or  to  attempt  to  evade  the
payment  of  such  tolls or other charges.  For purposes of this section
AND SECTION 16-A OF THIS ACT, the term "vehicle" shall mean every device
in, upon, or by which a person or property is or may be  transported  or
drawn  upon  a highway[, except devices used exclusively upon stationary
rails or tracks].
  b. A certificate, sworn to or affirmed by an agent of the port author-
ity, or a facsimile thereof,  based  upon  inspection  of  [photographs,
microphotographs,  videotape  or  other  recorded images] DATA OR IMAGES
produced by [a photo-monitoring system] ITS ELECTRONIC  TOLL  COLLECTION
SYSTEM OR OTHER RECORDS MAINTAINED BY OR ON BEHALF OF THE PORT AUTHORITY
REGARDING  TOLL  VIOLATIONS  shall  be prima facie evidence of the facts

S. 6357                            29                            A. 8557

contained therein and shall be admissible in any proceeding  charging  a
violation of toll collection regulations of the port authority, provided
that  any  [photographs,  microphotographs,  videotape or other recorded
images]  SUCH DATA, IMAGES, OR RECORDS evidencing such a violation shall
be available for inspection and admission into evidence in any  proceed-
ing to adjudicate the liability for such violation.
  c.  An imposition of liability pursuant to this section shall be based
upon a preponderance of evidence as submitted. An imposition of  liabil-
ity  pursuant  to  this  section  shall not be deemed a conviction of an
operator and shall not be made  part  of  the  motor  vehicle  operating
record,  furnished  pursuant  to  section 354 of the vehicle and traffic
law, of the person upon whom such liability is imposed nor shall  it  be
used  for insurance purposes in the provision of motor vehicle insurance
coverage.
  d. (i) A notice of liability shall be sent by  first  class  mail  OR,
WITH  CONSENT,  BY  ELECTRONIC  MEANS  OF  COMMUNICATION  to each person
alleged to be liable [as an owner] for  a  violation  pursuant  to  this
section  of  the toll collection regulations of the port authority. Such
notice shall be [mailed] SENT no later than [thirty] ONE HUNDRED  TWENTY
days after the alleged violation. Personal delivery [on the owner] shall
not  be  required. A manual or automatic record of [mailing] SENDING THE
NOTICE prepared in the ordinary course of business shall be prima  facie
evidence of the [mailing] SENDING of the notice.
  (ii)  A  notice of liability shall contain the name and address of the
person alleged to be liable [as an owner] for a violation  of  the  toll
collection  regulations  of the port authority pursuant to this section,
the registration  number  AND  STATE  OF  REGISTRATION  of  the  vehicle
involved  in  such  violation,  the  [location where such violation took
place, the date and time] LOCATIONS, DATES AND TIMES OF EACH USE OF  THE
VEHICULAR CROSSING THAT FORMS THE BASIS of such violation, THE AMOUNT OF
THE  ASSESSED  TOLLS AND OTHER CHARGES, and the identification number of
the [photo-monitoring system] ELECTRONIC TOLL  COLLECTION  SYSTEM  which
recorded the [violation] USE or other document locator number.
  (iii)  The  notice of liability shall contain information advising the
person charged of the manner and the time in which he  may  contest  the
liability  alleged  in  the  notice. Such notice of liability shall also
contain a warning to advise the persons charged that failure to  contest
in  the manner and time provided shall be deemed an admission of liabil-
ity and that a default judgment may be entered thereon.
  (iv) The notice of liability shall be prepared and  [mailed]  SENT  by
the port authority or its duly authorized agent.
  e. If an owner receives a notice of liability pursuant to this section
for  any time period during which the vehicle was reported to the police
department as having been stolen, it shall be  a  valid  defense  to  an
allegation  of  liability  for  a violation of the toll collection regu-
lations of the port authority that the vehicle had been reported to  the
police  as  stolen  prior to the time the violation occurred and had not
been recovered by such time. If an owner receives a notice of  liability
pursuant  to  this  section for any time period during which the vehicle
was stolen, but not as yet reported to the police as having been stolen,
it shall be a  valid  defense  to  an  allegation  of  liability  for  a
violation  of toll collection regulations of the port authority pursuant
to this section that the vehicle was reported as stolen within two hours
after discovery of the theft by the owner. For purposes of asserting the
defense provided by this subdivision, it  shall  be  sufficient  that  a

S. 6357                            30                            A. 8557

certified  copy  of  the  police report on the stolen vehicle be sent by
first class mail to the court or other entity having jurisdiction.
  f.  An  owner,  as  defined in subdivision a of this section, who is a
lessor of a vehicle to which a notice of liability was  issued  pursuant
to  subdivision  d  of this section shall not be liable pursuant to this
section for the violation of the toll collection regulations of the port
authority provided that he or she sends to the port  authority  [serving
the  notice  of liability and to the court or other entity having juris-
diction] OR ITS DULY AUTHORIZED AGENT FOR THIS PURPOSE  a  copy  of  the
rental,  lease  or other such contract document covering such vehicle on
the date of the [violation] USE OF THE VEHICULAR CROSSING, with the name
and address of the lessee clearly  legible,  within  thirty  days  after
receiving  from  the  port  authority  or its duly authorized agent [the
original] FOR THIS PURPOSE notice of [liability] THE USE OF THE  VEHICU-
LAR  CROSSING  BY  SUCH VEHICLE. Failure to send such information within
such thirty day time period shall  render  the  lessor  liable  for  the
penalty  prescribed  by this section. Where the lessor complies with the
provisions of this subdivision, the lessee of such vehicle on  the  date
of  such [violation] USE OF THE VEHICULAR CROSSING shall be deemed to be
the owner of such vehicle for purposes of  this  section  and  shall  be
subject to liability for the violation of toll collection regulations of
the port authority [provided that the port authority or its duly author-
ized  agent  mails  a  notice of liability to the lessee within ten days
after the court, or other entity having jurisdiction, deems  the  lessee
to  be  the  owner].  For purposes of this subdivision the term "lessor"
shall mean any person, corporation, firm, partnership,  agency,  associ-
ation  or  organization  engaged  in  the business of renting or leasing
vehicles to any lessee under a  rental  agreement,  lease  or  otherwise
wherein  the  said  lessee has the exclusive use of said vehicle for any
period of time. For the purposes of this subdivision, the term  "lessee"
shall  mean  any person, corporation, firm, partnership, agency, associ-
ation or organization that rents, leases or contracts for the use of one
or more vehicles and has exclusive use thereof for any period of time.
  g. Except as provided in subdivision f of this section,  if  a  person
receives  a  notice  of liability pursuant to this section it shall be a
valid defense to an allegation of liability  for  a  violation  of  toll
collection  regulations  of  the  port authority that the individual who
received the notice of liability pursuant to this section  was  not  the
owner  of  the  vehicle at the time the [violation] USE OF THE VEHICULAR
CROSSING occurred. If the owner liable  for  a  violation  of  the  toll
collection  regulations  of  the port authority pursuant to this section
was not the operator of the vehicle at the time of the  [violation]  USE
OF THE VEHICULAR CROSSING, the owner may maintain an action for indemni-
fication  against the operator. The operator of the vehicle may apply to
the court or other entity having jurisdiction to adjudicate the  liabil-
ity  imposed  under  this  section  to  accept  responsibility  for  the
violation and satisfactorily discharge all  applicable  tolls,  charges,
FEES, and penalties related to the violation.
  h.  ["Electronic  toll  collection  system"  shall  mean  a  system of
collecting tolls or charges which is  capable  of  charging  an  account
holder  the  appropriate  toll  or charge by transmission of information
from an electronic device on a motor vehicle to  the  toll  lane,  which
information  is  used  to  charge  the  account  the appropriate toll or
charge.] In adopting procedures for the preparation and [mailing]  SEND-
ING  of a notice of liability, the port authority or its duly authorized
agent shall adopt guidelines [to ensure] FOR SENDING BY FIRST CLASS MAIL

S. 6357                            31                            A. 8557

OR, WITH CONSENT, BY ELECTRONIC MEANS  OF  COMMUNICATION,  adequate  and
timely  notice  to all electronic toll collection system account holders
to inform them when their accounts are delinquent. An owner  who  is  an
account  holder under the electronic toll collection system shall not be
found liable for a violation of this section unless such  authority  has
first  sent  a  notice  of  delinquency  to  such account holder and the
account holder was in fact delinquent at the time of the violation.
  i. Nothing in this section shall be construed to limit  the  liability
of  an  operator  of OR THE ACCOUNT HOLDER ASSOCIATED WITH a vehicle for
any violation of the toll collection regulations of the port  authority.
Nothing  in  this section shall authorize or preclude the port authority
from excluding from any of its facilities, in its sole  discretion,  any
or  all  vehicles found liable under this section as well as other vehi-
cles owned or operated by the owner or operator  of  OR  ACCOUNT  HOLDER
ASSOCIATED WITH such vehicle.
  j. Notwithstanding any other provision of law, all photographs, micro-
photographs,  videotape  or  other  recorded images prepared pursuant to
this section shall be for the exclusive use of the port authority in the
discharge of its duties under this section and shall not be open to  the
public  nor  be  used  in  any court in any action or proceeding pending
therein unless such action or proceeding relates to the imposition of or
indemnification for liability pursuant to this section. The port author-
ity or its duly authorized agent shall  not  sell,  distribute  or  make
available  in  any  way,  the  names  and  addresses  of electronic toll
collection system account holders,  or  any  information  compiled  from
transactions  with  such  account holders, without such account holders'
consent to any entity that will use such information for any  commercial
purpose  provided  that the foregoing restriction shall not be deemed to
preclude the exchange of such  information  between  any  entities  with
jurisdiction  over  and or operating a toll highway bridge and/or tunnel
facility.
  S 24. Section 16-c of chapter 774 of the laws  of  1950,  relating  to
agreeing  with  the  state of New Jersey with respect to rules and regu-
lations governing traffic on vehicular crossings operated by the port of
New York authority, as added by chapter 379 of  the  laws  of  1992,  is
amended to read as follows:
  S  16-c.  Adjudication  of  liability.  Adjudication  of the liability
imposed upon an owner by section 16-a of this act for a violation of the
toll collection regulations of the port authority occurring  within  the
territorial  limits of the state of New York shall be in accordance with
the vehicle and traffic law of New York as set forth  in  sections  235,
236,  237, 239, 240, 241, 242, 401, 510 and 1809 of such law, or by such
entity having jurisdiction over violations of the toll collection  regu-
lations of the port authority occurring within the territorial limits of
the  state  of New York, provided that all violations shall be heard and
determined in the county in which [the  violation  is  alleged  to  have
occurred,  or by consent of both parties,] OBLIGATION FOR PAYMENT OF THE
TOLLS OR OTHER CHARGES WAS INCURRED, OR in any county in  the  state  of
New  York  in which the port authority operates or maintains a facility.
An owner found liable for a violation  of  toll  collection  regulations
pursuant  to  this section shall for a first violation thereof be liable
for THE FULL AMOUNT OF THE ASSESSED TOLL AND OTHER CHARGES AND  FEES  IN
ADDITION TO a monetary penalty not to exceed [fifty] ONE HUNDRED dollars
or  two  times  the  toll  evaded  whichever  is  greater;  for a second
violation thereof both within eighteen months be  liable  for  THE  FULL
AMOUNT  OF THE ASSESSED TOLL AND OTHER CHARGES AND FEES IN ADDITION TO a

S. 6357                            32                            A. 8557

monetary penalty not to exceed [one] TWO hundred dollars or  five  times
the  toll  evaded  whichever  is  greater;  for  a  third  or subsequent
violation thereof all within eighteen months  be  liable  for  THE  FULL
AMOUNT  OF THE ASSESSED TOLL AND OTHER CHARGES AND FEES IN ADDITION TO a
monetary penalty not to exceed [one] THREE hundred  [fifty]  dollars  or
ten  times the toll evaded whichever is greater.  THE FULL AMOUNT OF THE
ASSESSED TOLLS AND OTHER CHARGES AND FEES AND ONE-HALF OF SUCH  MONETARY
PENALTIES  COLLECTED  SHALL BE PAID TO THE PORT AUTHORITY; THE REMAINING
HALF OF SUCH MONETARY PENALTIES COLLECTED SHALL BE RETAINED OR  DISTRIB-
UTED  BY THE TRIBUNAL OR ENTITY ADJUDICATING THE VIOLATION IN ACCORDANCE
WITH EXISTING LAW.
  S 25. This act shall take effect on  the  one  hundred  twentieth  day
after it shall have become a law, provided that:
  (a)  the  amendments to subparagraph (i) of paragraph a of subdivision
5-a of section 401 of the  vehicle  and  traffic  law  made  by  section
fifteen  of  this  act shall not affect the expiration of such paragraph
and shall be deemed  to  expire  therewith,  when  upon  such  date  the
provisions of section fifteen-a of this act shall take effect;
  (b) the amendments to paragraph a of subdivision 5-a of section 401 of
the  vehicle and traffic law made by section fifteen-a of this act shall
not affect the expiration of such  paragraph  and  shall  be  deemed  to
expire  therewith,  when  upon  such  date  the  provisions  of  section
fifteen-b of this act shall take effect;
  (c) the amendments to paragraph a of subdivision 5-a of section 401 of
the vehicle and traffic law made by section fifteen-b of this act  shall
not  affect  the  expiration  of  such  paragraph and shall be deemed to
expire  therewith,  when  upon  such  date  the  provisions  of  section
fifteen-c of this act shall take effect; and
  (d) the amendments to paragraph a of subdivision 5-a of section 401 of
the  vehicle and traffic law made by section fifteen-c of this act shall
not affect the expiration of such  paragraph  and  shall  be  deemed  to
expire  therewith,  when  upon  such  date  the  provisions  of  section
fifteen-d of this act shall take effect.

                                 PART H

  Section 1. Section 9 of chapter 67 of the laws of 1992,  amending  the
environmental  conservation  law relating to pesticide product registra-
tion timetables and fees, as amended by section 1 of part S  of  chapter
60 of the laws of 2011, is amended to read as follows:
  S 9. This act shall take effect April 1, 1992 [provided, however, that
section  three  of  this  act  shall  take effect July 1, 1993 and shall
expire and be deemed repealed on July 1, 2014].
  S 2. Section 33-0705 of the environmental conservation law, as amended
by section 2 of part S of chapter 60 of the laws of 2011, is amended  to
read as follows:
S 33-0705. Fee for registration.
  The applicant for registration shall pay a fee as follows:
  a.  [On  or  before  July  1,  2014, six] SIX hundred dollars for each
pesticide proposed to be registered, provided  that  the  applicant  has
submitted  to  the  department proof in the form of a federal income tax
return for the previous year showing gross  annual  sales,  for  federal
income  tax  purposes, of three million five hundred thousand dollars or
less;
  b. [On or before July 1, 2014, for] FOR all others, six hundred twenty
dollars for each pesticide proposed to be registered[;

S. 6357                            33                            A. 8557

  c. After July 1, 2014, fifty dollars for each pesticide proposed to be
registered].
  S 3. Paragraph a of subdivision 1 and subdivision 2 of section 33-1201
of  the  environmental  conservation law, as added by chapter 279 of the
laws of 1996, are amended to read as follows:
  a. The department shall [develop] MAINTAIN a pesticide sales [and  use
computer]  data  base  [in conjunction with Cornell University. The data
base shall be maintained at the department].
  2. The commissioner  shall  prepare  an  annual  [report  summarizing]
SUMMARY  OF  pesticide  sales[, quantity of pesticides used, category of
applicator and region of application. The commissioner shall not provide
the name, address, or any other information which would otherwise  iden-
tify  a  commercial  or  private  applicator, or any person who sells or
offers for sale restricted use or general use pesticides  to  a  private
applicator,  or  any  person  who  received the services of a commercial
applicator. In accordance with article six of the public  officers  law,
proprietary  information  contained  within such record, including price
charged per product, shall not be disclosed] BY COUNTY.    The  [report]
ANNUAL SUMMARY shall be [submitted to the governor, the temporary presi-
dent  of  the  senate and the speaker of the assembly, and shall be made
available to all interested parties. The first report shall be submitted
on July first, nineteen  hundred  ninety-eight  and]  PUBLISHED  ON  THE
DEPARTMENT'S  PUBLIC WEBSITE on OR BEFORE July first [annually thereaft-
er].
  S 4. Subdivision 1 of section 33-1203 of the  environmental  conserva-
tion  law,  as  added  by chapter 279 if the laws of 1996, is amended to
read as follows:
  1. [a.] The commissioner shall, upon written request of an  interested
party,  in  printed OR ELECTRONIC form [or on a diskette in computerized
data base format], provide the information on  pesticides  submitted  to
the  department  pursuant to sections 33-1205 and 33-1207 of this title.
Such information shall be provided by county or counties[, or five-digit
zip code or codes as selected by the interested party making the written
request. The commissioner shall not provide the name,  address,  or  any
other information which would otherwise identify a commercial or private
applicator, or any person who sells or offers for sale restricted use or
general  use  pesticides  to  a  private  applicator,  or any person who
received the services of a commercial  applicator.  In  accordance  with
article   six  of  the  public  officers  law,  proprietary  information
contained within such record, including price charged per product, shall
not be disclosed. The provisions of this paragraph shall  not  apply  to
the  provision  of  pesticide  data  to  the commissioner of health, the
health research science board and researchers pursuant to title one-B of
article twenty-four of the public health law.
  b. The department shall, upon request from the department  of  health,
compile  pesticide  application  information  by nine-digit zip code and
provide the information to the commissioner of  health  for  researchers
entitled to receive information pursuant to paragraph (d) of subdivision
one  of  section  twenty-four  hundred  eleven  of the public health law
provided, however, if the nine-digit zip code cannot be determined,  the
information shall be compiled by town or city].
  S  5.  Section 33-1205 of the environmental conservation law, as added
by chapter 279 of the laws of 1996 and the closing  paragraph  of  para-
graph  a of subdivision 2 as amended by chapter 260 of the laws of 1997,
is amended to read as follows:
S 33-1205. Recordkeeping and reporting.

S. 6357                            34                            A. 8557

  1. All commercial applicators shall maintain pesticide use records for
each pesticide application containing the following:
  a. EPA registration number;
  b. product name;
  c. quantity of each pesticide used;
  d. date applied;
  e. location of application by address (including five-digit zip code).
  Such  records  shall be maintained for a period of not less than three
years. [All commercial applicators shall  file,  at  least  annually,  a
report  or  reports  containing  such information with the department on
computer diskette or in printed form on or before February first for the
prior calendar year.] All commercial  applicators  shall  also  maintain
corresponding records of the dosage rates, methods AND PLACE of applica-
tion  and target organisms for each pesticide application. These records
shall be CREATED IMMEDIATELY AFTER APPLICATION, maintained on an  annual
basis  and retained for a period of not less than [three] FIVE years and
shall be available for inspection upon request by the department.
  2. a. Every person who sells or offers for sale restricted use  pesti-
cides  to private applicators shall issue a record to the private appli-
cator of each sale of a restricted use pesticide or a general use pesti-
cide used in agricultural  crop  production  to  such  applicator.  Such
record of each sale shall include the following:
  1. EPA registration number;
  2. product name of the pesticide purchased;
  3. quantity of the pesticide purchased;
  4. date purchased;
  5.  location  of intended application by address (including five-digit
zip code) or if address is unavailable by town or city (including  five-
digit zip code) if the location of intended application differs from the
billing address that appears on the record.
  [Every  person  who sells or offers for sale restricted use pesticides
to private applicators shall  file,  at  least  annually,  a  report  or
reports  containing  such  information  with  the department on computer
diskette or in printed form on or before February first  for  the  prior
calendar  year.  The department shall not use the reports filed pursuant
to this paragraph for enforcement purposes.]
  b. All private applicators shall maintain, at a  minimum,  records  of
the  restricted  pesticides  purchased,  crop treated by such, method of
application, and date of application or applications.  This  information
shall be RECORDED IMMEDIATELY AFTER APPLICATION, maintained on an annual
basis  and retained for a minimum of three years, and shall be available
for inspection upon request by the department.
  [c. A private applicator  shall,  upon  request,  within  six  months,
provide  site-specific information relating to pesticide applications to
any researcher entitled to receive information pursuant to paragraph (d)
of subdivision one of section twenty-four hundred eleven of  the  public
health  law, provided, however, such request shall not be granted during
planting and harvesting unless at a time and in a manner that is mutual-
ly convenient.]
  3. A. EVERY PERSON WHO SELLS OR OFFERS FOR SALE PESTICIDES SHALL MAIN-
TAIN RECORDS OF ALL RETAIL SALES OF  SUCH  PESTICIDES  BY  COUNTY.  SUCH
RECORDS SHALL INCLUDE THE FOLLOWING:
  1. EPA REGISTRATION NUMBER;
  2. PRODUCT NAME OF THE PESTICIDE SOLD;
  3.  TOTAL  QUANTITY  OF THE PESTICIDE SOLD DURING THE CALENDAR YEAR IN
EACH COUNTY IN THE STATE.

S. 6357                            35                            A. 8557

  EVERY PERSON WHO SELLS OR OFFERS FOR SALE PESTICIDES  SHALL  FILE,  AT
LEAST ANNUALLY, A REPORT OR REPORTS CONTAINING SUCH INFORMATION WITH THE
DEPARTMENT IN ELECTRONIC OR PRINTED FORM ON OR BEFORE FEBRUARY FIRST FOR
THE PRIOR CALENDAR YEAR.
  B. THE REQUIREMENTS OF THIS SUBDIVISION ARE NOT APPLICABLE TO: MINIMUM
RISK PESTICIDES; GENERAL USE ANTIMICROBIAL PESTICIDES, EXCEPT THOSE THAT
ARE  SUBJECT  TO  THE PESTICIDE APPLICATOR CERTIFICATION REQUIREMENTS IN
REGULATIONS  PROMULGATED  BY  THE  DEPARTMENT;  GENERAL  USE   PESTICIDE
PRODUCTS  APPLIED  TO  THE  CLOTHING  OR  SKIN;  OR  GENERAL USE AEROSOL
PRODUCTS WITH A DIRECTED SPRAY IN CONTAINERS OF EIGHTEEN FLUID OUNCES OR
LESS, BUT NOT INCLUDING ANY  FOGGER  PRODUCT  OR  AEROSOL  PRODUCT  THAT
DISCHARGES TO A WIDE AREA.
  S  6.  Section 33-1207 of the environmental conservation law, as added
by chapter 279 of the laws of 1996, is amended to read as follows:
S 33-1207. Recordkeeping and reporting by importers and manufacturers.
  1. Each person manufacturing or compounding a  registered  [restricted
use]  pesticide  in  this  state,  or  importing or causing a registered
[restricted use] pesticide to be  imported  into  this  state  for  use,
distribution, or storage, shall maintain records of all sales within the
state during the preceding year of each [restricted use] pesticide prod-
uct which he or she has imported, manufactured or compounded. The record
of each [restricted use] pesticide product shall include:
  a. EPA registration number;
  b. container size; and
  c. number of containers sold to New York purchasers.
  2.  Such  records  shall  be  maintained for a period of not less than
three years.   All manufacturers and  importers  shall  file  an  annual
report  containing  such  information  with  the department [on computer
diskette] IN ELECTRONIC or [in] printed form on or before February first
for the prior calendar year.
  3. THE REQUIREMENTS OF THIS SECTION ARE NOT APPLICABLE  TO:    MINIMUM
RISK PESTICIDES; GENERAL USE ANTIMICROBIAL PESTICIDES, EXCEPT THOSE THAT
ARE  SUBJECT  TO  THE PESTICIDE APPLICATOR CERTIFICATION REQUIREMENTS IN
REGULATIONS  PROMULGATED  BY  THE  DEPARTMENT;  GENERAL  USE   PESTICIDE
PRODUCTS  APPLIED  TO  THE  CLOTHING  OR  SKIN;  OR  GENERAL USE AEROSOL
PRODUCTS WITH A DIRECTED SPRAY IN CONTAINERS OF EIGHTEEN FLUID OUNCES OR
LESS, BUT NOT INCLUDING ANY  FOGGER  PRODUCT  OR  AEROSOL  PRODUCT  THAT
DISCHARGES TO A WIDE AREA.
  S  7.  This  act  shall take effect immediately and shall be deemed to
have been in full force and effect on and after April 1, 2014.

                                 PART I

  Section 1. Subdivision 25 of  section  11-0103  of  the  environmental
conservation  law,  as  amended  by  chapter 595 of the laws of 1984, is
amended to read as follows:
  25. "Hunting [accident"] RELATED INCIDENT"  means  the  injury  to  or
death  of  a  person  caused  by the discharge of a firearm, CROSSBOW or
longbow while the person causing such injury or  death,  or  the  person
injured  or  killed,  is  taking or attempting to take game, wildlife or
fish.
  S 2. Paragraphs 1 and 2 of subdivision 3 and subdivision 5 of  section
11-0701 of the environmental conservation law, as amended by section 1-a
of  part  R  of  chapter  58 of the laws of 2013, are amended to read as
follows:

S. 6357                            36                            A. 8557

  (1) who is between the ages of twelve and sixteen years to  hunt  wild
deer  and  bear  with  a  longbow OR CROSSBOW during the special archery
season and during the regular season, as provided in  title  9  of  this
article,  subject to the provisions of section 11-0929 and subdivision 3
of section 11-0713 of this article;
  (2)  who  is eighteen years of age or older to hunt wild deer and bear
with a longbow OR CROSSBOW, as provided in title 9 of this article, in a
special [longbow] ARCHERY season; and
  5. A non-resident bear tag entitles a person who has not been a  resi-
dent of the state for more than thirty days who also possesses a hunting
license  to  hunt  bear during the regular open season therefor or in an
open season fixed by regulation pursuant to subdivision eight of section
11-0903 of this article. It entitles  a  non-resident  holder  who  also
possesses  a hunting license with bowhunting privilege to hunt bear with
a longbow OR CROSSBOW during the open bear season. It entitles a non-re-
sident holder who also possesses a hunting license  with  muzzle-loading
privilege to hunt bear with a muzzleloader during the open bear season.
  S  3.  Paragraph b of subdivision 6 of section 11-0703 of the environ-
mental conservation law, as amended by section 2 of part R of chapter 58
of the laws of 2013, is amended to read as follows:
  b. Except as provided in section 11-0707 and section 11-0709  of  this
title,  no  person  shall  (1) hunt wild deer or bear unless such person
holds and is entitled to exercise the privileges of a  hunting  license,
and  meets  the requirements of this article; (2) hunt wild deer or bear
with a longbow OR CROSSBOW in a special [longbow] ARCHERY season  unless
such  person holds and is entitled to exercise the privileges of a hunt-
ing license with a bowhunting privilege and meets  the  requirements  of
this  article;  or  (3)  hunt  wild  deer  or bear with a muzzle-loading
firearm in a special muzzle-loading firearm season unless such person is
at least fourteen years old and holds a hunting license with  a  muzzle-
loading privilege and meets the requirements of this article.
  S 4. Subparagraph 4 of paragraph b of subdivision 1 of section 11-0719
of  the environmental conservation law, as amended by chapter 436 of the
laws of 2000, is amended to read as follows:
  (4) is convicted of an offense involving a violation  of  subdivisions
one  and  two  of  section 11-0901 of this article relating to taking of
wildlife when the person taking is in or on a motor vehicle  while  such
motor vehicle is on a public highway or an offense involving a violation
of  subdivision  one of section 11-0901 of this article and subparagraph
one of paragraph a of subdivision four of section 11-0931 of this  arti-
cle  relating  to  taking  wildlife when the person taking is in or on a
motor vehicle and discharging a firearm, CROSSBOW or longbow in  such  a
way  that the load, BOLT or arrow passes over a public highway or a part
thereof or signs an acknowledgment of any such violation for the purpose
of affecting a settlement by civil compromise or by stipulation.
  S 5. Subdivisions 2 and 3 of  section  11-0719  of  the  environmental
conservation law, subdivision 2 as amended by section 27 and subdivision
3  as amended by section 28 of part R of chapter 58 of the laws of 2013,
are amended to read as follows:
  2. a. The department may revoke the licenses, tags, bowhunting  privi-
leges,  or muzzle-loading privileges, which authorize the holder to hunt
and/or trap wildlife, and may  deny  the  privilege  of  obtaining  such
licenses, tags, bowhunting privileges, or muzzle-loading privileges, and
may  deny  the  privileges  of hunting and/or trapping with or without a
license.
  (1) of any person who, while engaged in hunting, FISHING or trapping,

S. 6357                            37                            A. 8557

  (i) causes death or injury to [another] ANY PERSON  by  discharging  a
firearm, CROSSBOW or longbow, or
  (ii)  so  negligently  discharges a firearm, CROSSBOW or longbow as to
endanger the life or safety of another, or
  (iii) so negligently and wantonly discharges a  firearm,  CROSSBOW  or
longbow as to destroy or damage public or private property; or
  (2) of any agent of the department authorized to issue certificates of
qualification  in responsible hunting, bowhunting, or trapping practices
who improperly issues any such certification to a person whom he OR  SHE
has  not  trained,  or  whom  he  OR  SHE  knows  has not satisfactorily
completed all of the requirements necessary for such certification.
  b. Action by the  department  resulting  in  the  revocation  of  such
license  or denial of the privilege to hunt and trap as provided in this
subdivision shall be only after a hearing held by  the  department  upon
notice to the offender, at which proof of facts indicating the violation
is established to the satisfaction of the commissioner or of the hearing
officer  designated  by him OR HER and concurred in by the commissioner.
Provided that where a person, while hunting, causes death or  injury  to
any  person  by discharge of a firearm, CROSSBOW or longbow, the commis-
sioner may, in his OR HER discretion, suspend such person's  license  or
licenses  to  hunt  and  suspend  such  person's right to hunt without a
license for a period of up to sixty days pending a hearing  as  provided
for in this subdivision.
  c.  In  case  such  discharge of a firearm, CROSSBOW or longbow causes
death or injury to  [another]  ANY  PERSON,  the  license  or  licenses,
bowhunting  privilege, and muzzle-loading privilege shall be revoked and
the ability to obtain any such license and of  hunting  or  of  trapping
anywhere in the state with or without a license denied, for a period not
exceeding ten years, except that no revocation shall be made in cases in
which  facts  established at the hearing indicate to the satisfaction of
the commissioner that there was no negligence on the part of the shooter
or [bowman] BOWHUNTER. In all  other  cases  the  license  or  licenses,
bowhunting  privilege, or muzzle-loading privilege, shall be revoked and
the privilege  of  obtaining  such  license,  bowhunting  privilege,  or
muzzle-loading  privilege, and of hunting or of trapping anywhere in the
state with or without a license denied for a period not  exceeding  five
years.  The  department  may  also  require that the person causing such
death  [or],  injury,  ENDANGERMENT  OR  PROPERTY  DAMAGE   successfully
complete a department-sponsored course and obtain a certificate of qual-
ification  in  responsible  hunting or bowhunting practices before being
issued another hunting license.
  d. Every person injuring himself, herself or another person in a hunt-
ing [accident, as such term is defined  in  subdivision  25  of  section
11-0103  of  this  article]  RELATED INCIDENT, and the investigating law
enforcement officer summoned to or arriving at the scene of such  [acci-
dent]  INCIDENT shall within ten days from the occurrence of such [acci-
dent] INCIDENT file a report of the [accident] INCIDENT in writing  with
the  department. Every such person or law enforcement officer shall make
such other and additional  reports  as  the  department  shall  require.
Failure  to  report  such  [accident] INCIDENT as herein provided by the
person causing injury or to furnish relevant information required by the
department shall be a violation and shall constitute grounds for suspen-
sion or revocation of such person's hunting licenses and bowhunting  and
muzzle-loading  privileges  and denial of the ability to obtain any such
license and of hunting with or without a license following a hearing  or
opportunity  to  be  heard.  In addition, the department may temporarily

S. 6357                            38                            A. 8557

suspend the license of the person failing to report a hunting [accident]
RELATED INCIDENT within the period prescribed herein until  such  report
has  been filed. In the case of a non-resident, the failure to report an
[accident]  INCIDENT  as  herein  provided  shall constitute grounds for
suspension or revocation of his or her privileges of hunting within this
state. The report required by this section shall be made  in  such  form
and number as the department may prescribe.
  3.  A  hunting  license  issued to a person who is at least twelve and
less than sixteen years of age or  a  hunting  license  with  bowhunting
privilege  issued  to  a  person  who  is between the ages of twelve and
sixteen years may be revoked by the department upon  proof  satisfactory
to  the department that such person, while under the age of sixteen, has
engaged in hunting wildlife with a gun, CROSSBOW or longbow, in  circum-
stances in which a license and/or bowhunting or muzzle-loading privilege
is  required,  while  not  accompanied by his or her parent, guardian or
other adult as provided in section  11-0929  of  this  article.    ADDI-
TIONALLY,  THE  DEPARTMENT  MAY  REVOKE THE HUNTING AND/OR BOWHUNTING OR
MUZZLE-LOADING PRIVILEGE OF ANY PARENT, GUARDIAN, YOUTH MENTOR OR  OTHER
ADULT UPON PROOF SATISFACTORY TO THE DEPARTMENT THAT SUCH PERSON ALLOWED
THE  HOLDER OF A HUNTING LICENSE, BOWHUNTING PRIVILEGE OR MUZZLE-LOADING
PRIVILEGE TO HUNT WILDLIFE WITH A GUN, CROSSBOW OR LONGBOW IN  VIOLATION
OF  SECTION  11-0929  OF  THIS  ARTICLE. If such license or privilege is
revoked the department shall fix the period of such revocation, which is
not to exceed six years. The department may  require  that  such  person
successfully complete a department sponsored course and obtain a certif-
icate  of qualification in responsible hunting or responsible bowhunting
practices before being issued another hunting or bowhunting license.
  S 6. Paragraphs b and g of subdivision 3, subparagraphs 5, 6 and 8  of
paragraph b, subparagraphs 5, 6 and 8 of paragraph c, and subparagraph 1
of  paragraph d of subdivision 4 of section 11-0901 of the environmental
conservation law, paragraph b of subdivision 3 as amended by chapter 911
of the laws of 1990, paragraph g of subdivision 3 as amended by  chapter
34 of the laws of 1979, subparagraph 5 of paragraph b and subparagraph 5
of paragraph c of subdivision 4 as amended by chapter 430 of the laws of
2000  and subparagraphs 6 and 8 of paragraph b, subparagraphs 6 and 8 of
paragraph c and subparagraph 1  of  paragraph  d  of  subdivision  4  as
amended  by  chapter  600  of  the  laws of 1993, are amended to read as
follows:
  b. Wild deer and bear shall not be taken except by gun, CROSSBOW or by
long bow. Where an open season, set forth in the table of  open  seasons
in  section  11-0907  OF  THIS  TITLE or otherwise established by law or
fixed by regulation, is specified as an open season for taking such game
by shotgun or long bow only, or is  specified  as  an  open  season  for
taking  such game by long bow only, they shall not be taken except as so
specified.
  g. Wildlife shall not be taken [by the use of a cross-bow, by  a  long
bow  drawn, pulled, released, or held in a drawn position by any mechan-
ical device attached to a portion of the bow other than  the  bowstring,
or] by the use of a device commonly called a spear gun.
  (5)  with a [bow other than a] long bow with a draw weight [in excess]
of LESS THAN thirty-five pounds; or
  (6) with an arrow OR BOLT with an arrowhead that  measures  less  than
seven-eighths  of an inch at its widest point or that has fewer than two
sharp cutting edges; or
  (8) with an arrow OR BOLT with a barbed broadhead arrowhead.

S. 6357                            39                            A. 8557

  (5) with a [bow other than a] long bow with a draw weight [in  excess]
of LESS THAN thirty-five pounds; or
  (6)  with  an  arrow OR BOLT with an arrowhead that measures less than
seven-eighths of an inch at its widest point or that has fewer than  two
sharp cutting edges; or
  (8) with an arrow OR BOLT with a barbed broadhead arrowhead.
  (1)  such long bow OR CROSSBOW is unstrung, or such a firearm is taken
down, or securely fastened in a case, or locked in the trunk of a  vehi-
cle, or
  S  7.  Subdivisions  11 and 16 of section 11-0901 of the environmental
conservation law are REPEALED.
  S 8. Section 11-0903 of the environmental conservation law is  amended
by adding a new subdivision 12 to read as follows:
  12.  NOTWITHSTANDING  ANY  INCONSISTENT PROVISION OF THIS ARTICLE, THE
DEPARTMENT IS AUTHORIZED TO ADOPT REGULATIONS WHICH AUTHORIZE THE TAKING
OF WILDLIFE BY THE USE OF A CROSSBOW. A SUMMARY OF  REGULATIONS  ADOPTED
PURSUANT TO THIS SUBDIVISION SHALL BE PUBLISHED EACH YEAR IN THE HUNTING
SYLLABUS ISSUED PURSUANT TO SECTION 11-0323 OF THIS ARTICLE.
  S  9.  Subdivisions  2  and  4 of section 11-0931 of the environmental
conservation law, subdivision 2 as amended by section 7  of  part  H  of
chapter  58 of the laws of 2012, subparagraph 3 of paragraph a of subdi-
vision 4 as added by chapter 400 of the laws of 1973 and subparagraph  4
of  paragraph  a  of subdivision 4 as added by chapter 67 of the laws of
1976, are amended to read as follows:
  2. No CROSSBOW OR firearm except a pistol or revolver shall be carried
or possessed in or on a motor vehicle  unless  it  is  UNCOCKED,  FOR  A
CROSSBOW  OR  unloaded,  FOR A FIREARM in both the chamber and the maga-
zine, except that a loaded firearm which may be legally used for  taking
migratory  game  birds  may be carried or possessed in a motorboat while
being legally used in hunting migratory game birds, and no person except
a law enforcement officer in the  performance  of  his  official  duties
shall,  while  in  or  on a motor vehicle, use a jacklight, spotlight or
other artificial light  upon  lands  inhabited  by  deer  if  he  is  in
possession  or  is  accompanied by a person who is in possession, at the
time of such use, of a longbow, crossbow or a firearm of any kind except
a pistol or revolver, unless such longbow OR  CROSSBOW  is  unstrung  or
such firearm OR CROSSBOW is taken down or securely fastened in a case or
locked  in  the  trunk of the vehicle. For purposes of this subdivision,
motor vehicle shall mean every vehicle or other device operated  by  any
power other than muscle power, and which shall include but not be limit-
ed  to  automobiles,  trucks, motorcycles, tractors, trailers and motor-
boats, snowmobiles and snowtravelers, whether operated on or off  public
highways.  Notwithstanding  the  provisions  of  this  subdivision,  the
department may issue a permit  to  any  person  who  is  non-ambulatory,
except  with the use of a mechanized aid, to possess a loaded firearm in
or on a motor vehicle as  defined  in  this  section,  subject  to  such
restrictions  as  the  department  may deem necessary in the interest of
public safety. Nothing in this  section  permits  the  possession  of  a
pistol or a revolver contrary to the penal law.
  4. a. No person shall:
  (1)  discharge  a  firearm, CROSSBOW or long bow in such a way as will
result in the load, BOLT or arrow thereof passing over a public  highway
or any part thereof;
  (2)  discharge  a  firearm [or long bow] within five hundred feet OR A
CROSSBOW OR LONG BOW WITHIN ONE  HUNDRED  FIFTY  FEET  from  a  dwelling
house, farm building or farm structure actually occupied or used, school

S. 6357                            40                            A. 8557

building,  school  playground,  or occupied PUBLIC STRUCTURE, factory or
church;
  (3) use a firearm, CROSSBOW or a long bow for the hunting of migratory
game  birds  in Larchmont Harbor, specifically those portions bounded by
the following points of land:
  BEGINNING AT A POINT KNOWN AS UMBRELLA POINT  ON  THE  EAST  SHORE  OF
LARCHMONT  HARBOR  THEN  PROCEEDING  IN  A  NORTHERLY DIRECTION TO CEDAR
ISLAND; THENCE NORTHWESTERLY TO MONROE INLET;  THENCE  NORTHEASTERLY  TO
DELANCY  COVE BEING IN THE TOWN OF MAMARONECK; THENCE IN A SOUTHWESTERLY
DIRECTION FROM DELANCY COVE TO GREACEN POINT; THENCE  RUNNING  THE  AREA
BETWEEN  DELANCY COVE AND THE WEST SHORE OF SATANS TOE NORTHEAST; THENCE
SOUTHEAST THEN ALONG THE WEST SHORE OF SATANS  TOE  SOUTHWEST  AND  THEN
SOUTH TO THE SOUTHERLY POINT OF SATANS TOE TO EDGEWATER POINT.
  (4) Use of a firearm, CROSSBOW or a long bow for the hunting of migra-
tory  game  birds in Udall's Cove, specifically those portions of Little
Neck Bay within Nassau and Queens counties lying east of a line  running
north from the foot of Douglaston Parkway to the shore opposite.
  b.  The  prohibitions contained in subparagraph 2 of paragraph a above
shall not apply to:
  (1) The owner or lessee of the dwelling house, or members of his imme-
diate family actually residing therein, or a person in  his  employ,  or
the  guest  of the owner or lessee of the dwelling house acting with the
consent of said owner or lessee, provided however, that  nothing  herein
shall  be  deemed  to  authorize such persons to discharge a firearm [or
longbow] within five hundred feet OR A CROSSBOW OR LONG BOW  WITHIN  ONE
HUNDRED  FIFTY  FEET  of any other dwelling house, or a farm building or
farm structure actually occupied or used, or a school building or  play-
ground or occupied PUBLIC STRUCTURE, factory or church;
  (2) Programs conducted by THE DEPARTMENT, public OR PRIVATE ELEMENTARY
OR  SECONDARY  schools  offering  instruction and training in the use of
firearms, CROSSBOW or long bow;
  (3) The authorized use of a pistol, rifle or  target  range  regularly
operated  and maintained by a police department or other law enforcement
agency or by any duly organized membership corporation;
  (4) The discharge of a shotgun over water by a person hunting migrato-
ry game birds if no dwelling house,  FARM  BUILDING  OR  FARM  STRUCTURE
ACTUALLY  OCCUPIED OR USED, SCHOOL BUILDING, SCHOOL PLAYGROUND, or OCCU-
PIED public structure, FACTORY OR CHURCH, livestock or person  is  situ-
ated in the line of discharge less than five hundred feet from the point
of discharge.
  S  10. Paragraph c of subdivision 5 of section 11-0931 of the environ-
mental conservation law, as amended by chapter 309 of the laws of  2006,
is amended to read as follows:
  c.  In  the Northern Zone no person, while engaged in hunting with the
aid of a dog or while afield accompanied by a dog, shall possess a rifle
larger than .22 caliber using rim-fire ammunition or possess  a  shotgun
loaded  with  a  slug, ball or buckshot, OR POSSESS A CROSSBOW; but this
paragraph does not apply to persons, engaged in coyote hunts  with  dogs
during any open season on coyotes established pursuant to the provisions
of section 11-0903 OF THIS TITLE.
  S 11. Paragraph 4 of subdivision a of section 265.20 of the penal law,
as  amended  by  chapter 1041 of the laws of 1974, is amended to read as
follows:
  4. Possession of a rifle, shotgun, CROSSBOW or longbow for  use  while
hunting,  trapping  or fishing, by a person, not a citizen of the United

S. 6357                            41                            A. 8557

States, carrying a valid license issued pursuant to section  11-0713  of
the environmental conservation law.
  S  12.  Paragraph  a  of subdivision 1 of section 9-103 of the general
obligations law, as separately amended by chapters 141 and  286  of  the
laws of 1984, is amended to read as follows:
  a.  an owner, lessee or occupant of premises, whether or not posted as
provided in section 11-2111 of the environmental conservation law,  owes
no  duty: (1) to keep the premises safe for entry, PASSAGE OVER PREMISES
or use by others for hunting, fishing, organized gleaning as defined  in
section  seventy-one-y  of  the  agriculture  and markets law, canoeing,
boating, SWIMMING, trapping, hiking, cross-country skiing,  tobogganing,
sledding,  speleological  activities,  horseback riding, bicycle riding,
hang gliding, motorized vehicle  operation  for  recreational  purposes,
snowmobile  operation,  cutting  or gathering of wood for non-commercial
purposes [or], training of dogs, AND ANY OTHER RECREATIONAL USE; or  (2)
to  give  warning  of  any hazardous condition or use of or structure or
activity on such premises to persons entering for such purposes;
  S 13. Subdivision 3 of section 9-103 of the general obligations law is
renumbered subdivision 4 and a new subdivision 3 is  added  to  read  as
follows:
  3. FOR THE PURPOSES OF THIS SECTION THE TERM "OCCUPANT" SHALL INCLUDE,
BUT  NOT  BE  LIMITED  TO, THOSE ORGANIZATIONS, ENTITIES, OR PERSONS WHO
INDIVIDUALLY OR COLLECTIVELY DEVELOP AND/OR MAINTAIN  TRAILS  AND  OTHER
RECREATIONAL FACILITIES FOR NON-COMMERCIAL USE BY THE PUBLIC.
  S 14. Section 11-0323 of the environmental conservation law is amended
by adding a new subdivision 3 to read as follows:
  3.  NOTWITHSTANDING  SUBDIVISION  TWO OF SECTION THREE OF THE NEW YORK
STATE PRINTING AND PUBLIC DOCUMENTS LAW, THE DEPARTMENT MAY  ENTER  INTO
CONTRACTS  WITH  ANY  RESPONSIVE  AND  RESPONSIBLE BIDDER TO PROVIDE THE
PRINTING SERVICES REQUIRED WITH OR WITHOUT THE USE  OF  A  SUBCONTRACTOR
FOR THE PRODUCTION OF THE HUNTING AND FISHING PAMPHLETS AND SYLLABUS SET
FORTH  IN SUBDIVISIONS ONE AND TWO OF THIS SECTION OR ANY OTHER PUBLICA-
TIONS THAT MAY BE ISSUED IN SUPPORT OF THE FISH AND WILDLIFE LAW.
  S 15. Section 404-s of the vehicle and traffic law, as added by  chap-
ter 304 of the laws of 2001, is amended by adding three new subdivisions
3, 4 and 5 to read as follows:
  3. A DISTINCTIVE PLATE ISSUED PURSUANT TO THIS SECTION TO A PERSON WHO
PURCHASES A LIFETIME LICENSE PURSUANT TO SECTION 11-0702 OF THE ENVIRON-
MENTAL CONSERVATION LAW OR A LIFETIME VEHICLE ACCESS PASS, ALSO KNOWN AS
A  LIFETIME  EMPIRE PASSPORT, PURSUANT TO ARTICLE THIRTEEN OF THE PARKS,
RECREATION AND HISTORIC PRESERVATION  LAW  BETWEEN  JANUARY  FIRST,  TWO
THOUSAND FOURTEEN AND DECEMBER THIRTY-FIRST, TWO THOUSAND FOURTEEN SHALL
BE ISSUED IN THE SAME MANNER AS OTHER NUMBER PLATES, HOWEVER, SUCH LIFE-
TIME  LICENSE  HOLDER SHALL BE EXEMPT FROM THE PAYMENT OF FEES OTHERWISE
REQUIRED TO BE PAID PURSUANT TO PARAGRAPHS A AND B OF SUBDIVISION  THREE
OF  SECTION  FOUR  HUNDRED  ONE  OF  THIS ARTICLE AND THE ANNUAL SERVICE
CHARGE REQUIRED BY SUBDIVISION TWO OF THIS SECTION FOR THE INITIAL ISSU-
ANCE OF SUCH  LICENSE  PLATE  AND  FOR  THE  NEXT  ENSUING  REGISTRATION
RENEWAL.
  4.  A  PERSON  WHO  POSSESSES  A  LIFETIME LICENSE PURSUANT TO SECTION
11-0702 OF THE ENVIRONMENTAL CONSERVATION  LAW  OR  A  LIFETIME  VEHICLE
ACCESS  PASS,  ALSO  KNOWN  AS A LIFETIME EMPIRE PASSPORT, OR A THREE OR
FIVE YEAR VEHICLE ACCESS PASS PURSUANT TO ARTICLE THIRTEEN OF THE PARKS,
RECREATION AND HISTORIC PRESERVATION LAW SHALL, ON REQUEST BETWEEN APRIL
FIRST, TWO  THOUSAND  FOURTEEN  AND  MARCH  THIRTY-FIRST,  TWO  THOUSAND
FIFTEEN,  BE  ISSUED A DISTINCTIVE PLATE PURSUANT TO THIS SECTION IN THE

S. 6357                            42                            A. 8557

SAME MANNER AS OTHER NUMBER PLATES UPON PAYMENT OF A TWENTY-FIVE  DOLLAR
REGISTRATION  FEE PRESCRIBED BY SECTION FOUR HUNDRED ONE OF THIS CHAPTER
FOR THE INITIAL LICENSE PLATE AND SHALL BE EXEMPT FROM  THE  PAYMENT  OF
FEES  OTHERWISE  REQUIRED TO BE PAID PURSUANT TO PARAGRAPH B OF SUBDIVI-
SION THREE OF SECTION FOUR HUNDRED ONE OF THIS ARTICLE  AND  THE  ANNUAL
SERVICE  CHARGE  REQUIRED  BY  SUBDIVISION  TWO  OF THIS SECTION FOR THE
INITIAL ISSUANCE OF SUCH LICENSE PLATE AND FOR THE NEXT  ENSUING  REGIS-
TRATION RENEWAL.
  5.  ANY NEW YORK RESIDENT WHO POSSESSES A HUNTING, FISHING OR TRAPPING
LICENSE ISSUED PURSUANT TO TITLE SEVEN OF ARTICLE ELEVEN OF THE ENVIRON-
MENTAL CONSERVATION LAW OR AN ANNUAL VEHICLE ACCESS PASS, ALSO KNOWN  AS
AN  EMPIRE  PASSPORT,  PURSUANT TO ARTICLE THIRTEEN OF THE PARKS, RECRE-
ATION AND HISTORIC PRESERVATION  LAW  MAY  PURCHASE  THE  LICENSE  PLATE
AVAILABLE  TO A PERSON WHO PURCHASES A LIFETIME LICENSE OR PASSPORT UPON
PAYMENT OF THE REGULAR  REGISTRATION  FEE  PRESCRIBED  BY  SECTION  FOUR
HUNDRED ONE OF THIS CHAPTER.
  S 16. Section 11-0715 of the environmental conservation law is amended
by adding a new subdivision 7 to read as follows:
  7.  NOTWITHSTANDING  THE  PROVISIONS  OF  SUBDIVISION  THREE  OF  THIS
SECTION, THE COMMISSIONER MAY OFFER FOR SALE  LICENSES,  PRIVILEGES  AND
PERMITS  LISTED  IN  THIS  SECTION AT A REDUCED PRICE UP TO TEN DAYS PER
YEAR TO  ENCOURAGE  RESIDENT  AND  OUT-OF-STATE  HUNTERS,  TRAPPERS  AND
ANGLERS  TO  UTILIZE  NEW  YORK'S HUNTING, TRAPPING AND FISHING OPPORTU-
NITIES. THESE DAYS SHALL BE DESIGNATED IN A  MANNER  DETERMINED  BY  THE
DEPARTMENT  TO BEST PROVIDE PUBLIC NOTICE THEREOF AND TO MAXIMIZE PUBLIC
PARTICIPATION THEREIN.
  S 17. Subdivision 14 of section 11-0305 of the environmental conserva-
tion law, as amended by chapter 292 of the laws of 1996  and  as  renum-
bered  by  section  2  of  part  F of chapter 82 of the laws of 2002, is
amended to read as follows:
  14. Notwithstanding any inconsistent provision of law, the commission-
er may designate no more than [two] EIGHT days in each year  that  shall
be  effective  in every administrative region of the department, as free
sport fishing days during which any person may, without having  a  sport
fishing  license and without the payment of any fee, exercise the privi-
leges of a holder of a sport fishing license,  subject  to  all  of  the
limitations,  restrictions,  conditions,  laws,  rules  and  regulations
applicable to the holder of a sport fishing license. Free sport  fishing
days  shall  be  designated  in a manner determined by the department to
best provide public notice thereof and to maximize public  participation
therein,  so  as  to  promote the recreational opportunities afforded by
sport fishing.
  S 18. Subdivision 5 of section 11-0703 of the environmental  conserva-
tion law is amended by adding a new paragraph e to read as follows:
  E.  ANY THREE OR FIVE-YEAR LICENSE ISSUED PURSUANT TO PARAGRAPH A OR B
OF SUBDIVISION THREE OF SECTION  11-0715  SHALL  BE  EFFECTIVE  FOR  THE
NUMBER  OF  LICENSE YEARS INDICATED THEREON BEGINNING ON SEPTEMBER FIRST
AND ENDING  AUGUST  THIRTY-FIRST;  PROVIDED,  HOWEVER,  THAT  A  FISHING
LICENSE  SHALL  REMAIN EFFECTIVE FOR EITHER THREE OR FIVE YEARS FROM THE
DATE ON WHICH IT WAS ISSUED.
  S 19. Paragraphs a and b of subdivision 3 of section  11-0715  of  the
environmental conservation law, as amended by chapter 276 of the laws of
2013, are amended to read as follows:
  a. In the case of persons who meet the criteria set forth in paragraph
c of subdivision four of section 11-0703 of this title:
        License                                   Fee

S. 6357                            43                            A. 8557

        (1) (a) Hunting                           $22.00
        (A-1) THREE-YEAR HUNTING                  $60.00
        (A-2) FIVE-YEAR HUNTING                   $100.00
        (b) Hunting ages fifteen
        and under                                  $5.00
        (2) (A) Fishing                           $25.00
        (B) THREE-YEAR FISHING                    $70.00
        (C) FIVE-YEAR FISHING                     $115.00
        (3)(a) Trapping                           $20.00
        (A-1) THREE-YEAR TRAPPING                 $55.00
        (A-2) FIVE-YEAR TRAPPING                  $95.00
        (b) Trapping ages fifteen and under        $5.00
        (4) (A) Muzzle-loading privilege          $15.00
        (B) THREE-YEAR MUZZLE-LOADING             $40.00
        (C) FIVE-YEAR MUZZLE-LOADING              $65.00
        (5)(a) Bowhunting privilege               $15.00
        (A-1) THREE-YEAR BOWHUNTING PRIVILEGE     $40.00
        (A-2) FIVE-YEAR BOWHUNTING PRIVILEGE      $65.00
        (b) Bowhunting privilege
        ages fifteen and under                     $4.00
        (6) (A) Turkey permit                     $10.00
        (B) THREE-YEAR TURKEY PERMIT              $25.00
        (C) FIVE-YEAR TURKEY PERMIT               $40.00
        (7) Seven-day fishing                    [$13.00] $12.00
        (8) One-day fishing                      $ 5.00
  A  THREE OR FIVE-YEAR BOWHUNTING OR MUZZLE-LOADING PRIVILEGE OR TURKEY
PERMIT MAY ONLY BE SOLD TO A PERSON WHO EITHER HAS PURCHASED  A  HUNTING
LICENSE FOR THE SAME TERM OR POSSESSES A LIFETIME HUNTING LICENSE.
  b. In the case of a non-resident and persons resident in the state for
less than thirty days:
        License                                   Fee
        (1) (a) Hunting                           $100.00
        (A-1) THREE-YEAR HUNTING                  $290.00
        (A-2) FIVE-YEAR HUNTING                   $480.00
        (b) Hunting ages fifteen and under          $5.00
        (2) (A) Fishing                            $50.00
        (B) THREE-YEAR FISHING                    $140.00
        (C) FIVE-YEAR FISHING                     $230.00
        (3) Seven-day fishing                     [$31.00] $28.00
        (4)(a) Trapping                           $275.00
        (A-1) THREE-YEAR TRAPPING                 $825.00
        (A-2) FIVE-YEAR TRAPPING                  $1,375.00
        (b) Trapping ages fifteen and under         $5.00
        (5)(a) Bowhunting privilege                $30.00
        (A-1) THREE-YEAR BOWHUNTING PRIVILEGE     $80.00
        (A-2) FIVE-YEAR BOWHUNTING PRIVILEGE      $130.00
        (b) Bowhunting privilege ages
        fifteen and under                           $4.00
        (6) (A) Muzzle-loading                     $30.00
        (B) THREE-YEAR MUZZLE-LOADING             $80.00
        (C) FIVE-YEAR MUZZLE-LOADING              $130.00
        (7) (A) Turkey permit                      $20.00
        (B) THREE-YEAR TURKEY PERMIT              $55.00
        (C) FIVE-YEAR TURKEY PERMIT               $90.00
        (8) One-day fishing                        $10.00

S. 6357                            44                            A. 8557

  A  THREE OR FIVE-YEAR BOWHUNTING OR MUZZLE-LOADING PRIVILEGE OR TURKEY
PERMIT MAY ONLY BE SOLD TO A PERSON WHO EITHER HAS PURCHASED  A  HUNTING
LICENSE FOR THE SAME TERM OR POSSESSES A LIFETIME HUNTING LICENSE.
  S 20. This act shall take effect April 1, 2014.

                                 PART J

  Section  1. Subdivisions 6, 7 and 8 of section 251-z-5 of the agricul-
ture and markets law, subdivisions 6 and 7 as added by  chapter  863  of
the  laws  of 1972 and subdivision 8 as added by chapter 665 of the laws
of 2005, are amended and a  new  subdivision  9  is  added  to  read  as
follows:
  (6) The applicant or licensee, or an officer, director, partner, hold-
er  of  ten per cent of the voting stock, or any other person exercising
any position of management or control has failed to comply with  any  of
the  provisions  of  this  chapter  or rules and regulations promulgated
pursuant thereto; [or]
  (7) Any person including the applicant or  licensee,  or  an  officer,
director, partner or any stockholder, exercising any position of manage-
ment  or  control  has  been  convicted  of a felony in any court of the
United States or any state or territory[.];
  (8) A retail food store licensed under this article  fails  to  comply
with  the education requirements set forth in section two hundred fifty-
one-z-twelve of this article[.]; OR
  (9) THE APPLICANT OR LICENSEE HAS FAILED TO PAY  ANY  PENALTY  IMPOSED
FOR OR JUDGMENT BASED UPON A VIOLATION OF THE PROVISIONS OF THIS ARTICLE
OR RULES AND REGULATIONS PROMULGATED PURSUANT THERETO, WHICH OUTSTANDING
PENALTY  OR  PENALTIES  AND/OR JUDGMENT OR JUDGMENTS EQUAL OR EXCEED TWO
THOUSAND FOUR HUNDRED DOLLARS. NOTWITHSTANDING, AND IN ADDITION  TO  THE
POWERS  CONFERRED  IN  THIS SECTION, WHEN THE COMMISSIONER FINDS THAT AN
APPLICANT OR LICENSEE HAS FAILED TO PAY ANY PENALTY IMPOSED OR  JUDGMENT
OBTAINED,  WHICH  OUTSTANDING  PENALTY  OR  PENALTIES AND/OR JUDGMENT OR
JUDGMENTS EQUAL OR EXCEED TWO THOUSAND FOUR HUNDRED DOLLARS, THE COMMIS-
SIONER MAY DECLINE TO ISSUE OR RENEW A LICENSE, AND,  IN  LIEU  THEREOF,
SHALL GRANT A PROVISIONAL LICENSE.
  (A)  A PROVISIONAL LICENSE SHALL EXPIRE SIXTY DAYS FOLLOWING ITS ISSU-
ANCE, UNLESS: (I) PRIOR TO ITS EXPIRATION,  THE  APPLICANT  OR  LICENSEE
PAYS  OR  ENTERS  INTO  AN AGREEMENT WITH THE DEPARTMENT TO PAY ALL SAID
AMOUNTS DUE, AT WHICH POINT THE PROVISIONAL LICENSE SHALL CONVERT  TO  A
TWO-YEAR  LICENSE,  COMMENCING  AS OF THE DATE OF ISSUANCE OF THE PROVI-
SIONAL LICENSE; OR (II) WITHIN THIRTY DAYS OF ITS ISSUANCE,  THE  APPLI-
CANT  OR  LICENSEE REQUESTS A HEARING, PURSUANT TO RULES AND REGULATIONS
THAT THE DEPARTMENT SHALL PROMULGATE.
  (B) WHERE A  HEARING  IS  REQUESTED,  THE  PROVISIONAL  LICENSE  SHALL
CONTINUE  IN  FORCE  UNTIL THE DETERMINATION OF SAID HEARING. SHOULD THE
APPLICANT PREVAIL, THE PROVISIONAL LICENSE SHALL CONVERT INTO A TWO-YEAR
LICENSE, RUNNING FROM THE  DATE  OF  THE  ISSUANCE  OF  THE  PROVISIONAL
LICENSE.  SHOULD  THE  DEPARTMENT PREVAIL, THE PROVISIONAL LICENSE SHALL
TERMINATE AND NO LICENSE SHALL ISSUE.
  S 2.  This act shall take effect immediately.

                                 PART K

  Section 1. Expenditures of moneys appropriated in  a  chapter  of  the
laws of 2014 to the energy research and development authority, under the
research, development and demonstration program, from the special reven-

S. 6357                            45                            A. 8557

ue  funds - other/state operations, miscellaneous special revenue fund -
339, energy research and planning account, and special revenue  funds  -
other/aid to localities, miscellaneous special revenue fund - 339, ener-
gy  research  and planning account shall be subject to the provisions of
this section. Notwithstanding  the  provisions  of  subdivision  4-a  of
section 18-a of the public service law, all moneys committed or expended
shall  be reimbursed by assessment against gas corporations and electric
corporations as defined in section 2 of the public service law, and  the
total  amount  which may be charged to any gas corporation and any elec-
tric corporation shall not exceed one cent per one thousand  cubic  feet
of  gas sold and .010 cent per kilowatt-hour of electricity sold by such
corporations in their intrastate utility  operations  in  calendar  year
2012.  Such  amounts  shall  be  excluded  from  the  general assessment
provisions of subdivision 2 of section 18-a of the public  service  law,
but shall be billed and paid in the manner set forth in such subdivision
and  upon  receipt shall be paid to the state comptroller for deposit in
the state treasury for credit to the miscellaneous special revenue fund.
The director of the budget shall not issue  a  certificate  of  approval
with  respect  to the commitment and expenditure of moneys hereby appro-
priated until the chair of such authority shall have submitted, and  the
director  of  the  budget shall have approved, a comprehensive financial
plan encompassing all moneys available to and  all  anticipated  commit-
ments  and  expenditures by such authority from any source for the oper-
ations of such authority. Copies of the approved comprehensive financial
plan shall be immediately submitted by the director of the budget to the
chairs and secretaries of the legislative fiscal committees.
  S 2. This act shall take effect immediately and  shall  be  deemed  to
have been in full force and effect on and after April 1, 2014.

                                 PART L

  Section 1. Notwithstanding any law to the contrary, the comptroller is
hereby  authorized  and directed to receive for deposit to the credit of
the general fund the amount of up to $913,000 from the  New  York  state
energy research and development authority.
  S  2.  This  act  shall take effect immediately and shall be deemed to
have been in full force and effect on and after April 1, 2014.

                                 PART M

  Section 1. Legislative findings.  The  legislature  hereby  finds  and
determines:
  1.  In  2011  and 2012, three storms of enormous magnitude - Hurricane
Irene, Tropical Storm Lee and Superstorm Sandy - each battered New York,
causing billions of dollars of damage  to  roads,  buildings  and  other
infrastructure.  The  three  storms collectively resulted in millions of
residential, business and industrial  customers  of  electric  utilities
losing electricity for extended periods of time.
  2.  Each  of  these storms caused, among other things, a disruption in
the distribution and supply of motor fuels, and in the  case  of  Super-
storm  Sandy, downstate motorists were unable to obtain routine supplies
of fuel for several weeks.
  3. In addition, temporary  fuel  distribution  disruptions  associated
with  the  aftermath  of  a  storm  can result in emergency vehicles and
responders unable to adequately address ongoing public safety and health
emergencies, delay an appropriate  response  to  infrastructure  damages

S. 6357                            46                            A. 8557

caused  by  a  storm, and otherwise disrupt commerce in the state due to
difficulty to obtain readily available motor fuels.
  4.  On  November  15,  2012, in response to Superstorm Sandy, Governor
Andrew M. Cuomo announced the creation of the NYS Ready  Commission  and
tasked  it with finding ways to ensure critical systems and services are
prepared for future natural disasters and other emergencies. As  related
to  this  act, the Commission was tasked with addressing vulnerabilities
in the state's energy systems.
  5. The NYS  Ready  Commission  recommended,  among  other  things,  to
require that retail gasoline outlets located in strategic locations have
on-site  back-up power capacity to ensure that such outlets can continue
fuel sales operations during a long-term electric outage. The purpose of
this act is to ensure that the state is better situated in the future to
address the temporary disruption of retail fuel supplies.
  S 2. Section 192-h of the agriculture and markets  law,  as  added  by
section  2  of  part  S of chapter 58 of the laws of 2013, is amended to
read as follows:
  S 192-h. Alternate generated power source at retail gasoline  outlets.
1.  Definitions. When used in this section:
  (a)  "Alternate  generated  power  source"  means  electric generating
equipment that is of a capacity that is capable  of  providing  adequate
electricity to operate all dispensers, dispensing equipment, life safety
systems  and payment-acceptance equipment located at a retail outlet and
which can operate independent of the local electric utility distribution
system and provide electricity during a general power outage or declared
energy or fuel supply emergency to operate the systems named herein.
  (b) "Chain of retail outlets"  means  a  network  of  subsidiaries  or
affiliates, under direct or indirect common control, that operate ten or
more  retail  outlets  located  in  a single downstate region; provided,
however that this term does not include any franchisor of the  brand  of
motor  fuel  being  sold  at such outlet, except if such franchisor owns
such outlet.
  (c) "Controlled access highway" means every highway, street, or  road-
way  in respect to which owners or occupants of abutting lands and other
persons have no legal right of access to or from the same except at such
points only and in such manner  as  may  be  determined  by  the  public
authority having jurisdiction over such highway, street, or roadway.
  (d)  "Diesel motor fuel" means any fuel sold in this state and for use
in diesel engines which is commercially known or  offered  for  sale  as
diesel motor fuel.
  (e) "Dispenser" means a device located at a retail outlet that is used
to pump motor fuel from an above-ground or underground storage tank into
a motor vehicle.
  (f)  "Downstate  region"  means  each  of the following regions of the
state:
  (i) Long Island region: Includes Nassau and Suffolk counties.
  (ii) Lower Mid-Hudson region: Includes Rockland and Westchester  coun-
ties.
  (iii)  New  York  city region: Includes Bronx, Kings, New York, Queens
and Richmond counties.
  (g) "Evacuation route" means those roads designated  by  each  county,
AND RECOGNIZED BY THE STATE, that are to be used by motorists in case of
a hurricane or other natural disaster.
  (h)  "Franchisor" means a person or company that grants a franchise to
a franchisee.

S. 6357                            47                            A. 8557

  (i) "Gasoline" means any fuel sold in this state for use  in  internal
combustion  engines  which  is commercially known or offered for sale as
gasoline, whether or not blended with ethanol or other chemicals.
  (j)  "Motor  fuel" means any petroleum product, including any gasoline
or diesel motor fuel, which is used for the propulsion  of  motor  vehi-
cles.
  (k)  "Retailer"  means  any  person  who owns, operates, or controls a
retail outlet that is subject to the requirements of subdivision two  of
this section.
  (l) "Retail outlet" means a facility, including all land, improvements
and  associated  structures and equipment, that dispenses motor fuel for
sale to the general public.
  (M) "STRATEGIC UPSTATE HIGHWAYS" MEANS THE FOLLOWING:
  (I) I-87 BEGINNING AT THE ROCKLAND-ORANGE COUNTY LINE THENCE NORTHERLY
PASSING THROUGH OR IN THE VICINITY OF ALBANY TO  THE  INTERSECTION  WITH
I-90, THE FOREGOING ROUTE BEING A PORTION OF THE NEW YORK STATE THRUWAY;
THENCE CONTINUING NORTHERLY TO THE NEW YORK-CANADA BORDER;
  (II)  I-90 BEGINNING AT I-87 IN THE VICINITY OF ALBANY THENCE WESTERLY
PASSING THROUGH OR IN THE  VICINITY  OF  SCHENECTADY,  UTICA,  SYRACUSE,
ROCHESTER,  AND  BUFFALO;  THENCE  CONTINUING  SOUTHWESTERLY  TO THE NEW
YORK-PENNSYLVANIA BORDER, THE FOREGOING ROUTE BEING A PORTION OF THE NEW
YORK STATE THRUWAY;
  (III) THE BERKSHIRE SECTION OF THE NEW YORK STATE THRUWAY BEGINNING AT
I-87 THENCE EASTERLY TO THE INTERSECTION WITH  I-90  AND  CONTINUING  ON
I-90 TO THE NEW YORK-MASSACHUSETTS BORDER;
  (IV)  I-84 BEGINNING AT THE NEW YORK-NEW JERSEY BORDER THENCE EASTERLY
PASSING THROUGH OR IN THE VICINITY OF NEWBURGH, THENCE CONTINUING  EAST-
ERLY AND SOUTHEASTERLY TO THE NEW YORK-CONNECTICUT BORDER;
  (V)  I-88  BEGINNING  AT  I-81  IN  THE  VICINITY OF BINGHAMTON THENCE
NORTHEASTERLY TO I-90 IN THE VICINITY OF SCHENECTADY;
  (VI) I-86/STATE ROUTE 17 BEGINNING AT I-87 IN THE VICINITY OF WOODBURY
THENCE WESTERLY AND NORTHWESTERLY PASSING THROUGH OR IN THE VICINITY  OF
BINGHAMTON, ELMIRA, AND JAMESTOWN, CONTINUING TO THE NEW YORK-PENNSYLVA-
NIA BORDER;
  (VII) I-81 BEGINNING AT THE NEW YORK-PENNSYLVANIA BORDER THENCE NORTH-
ERLY  PASSING  THROUGH  OR  IN  THE  VICINITY OF SYRACUSE AND WATERTOWN,
CONTINUING TO THE NEW YORK-CANADA BORDER;
  (VIII) I-390 BEGINNING  AT  I-86  IN  THE  VICINITY  OF  AVOCA  THENCE
NORTHWESTERLY AND NORTHERLY IN I-490 IN THE VICINITY OF ROCHESTER; AND
  (IX)  I-190  BEGINNING  AT  I-90  IN  THE  VICINITY OF BUFFALO, THENCE
WESTERLY, NORTHWESTERLY, AND NORTHERLY  THROUGH  BUFFALO,  ACROSS  GRAND
ISLAND,  THE FOREGOING ROUTE BEING A PORTION OF THE NEW YORK STATE THRU-
WAY, AND THENCE GENERALLY WESTERLY TO THE UNITED STATES-CANADA BORDER IN
THE VICINITY OF LEWISTON.
  (N) "UPSTATE REGION" MEANS ANY COUNTY OF THE STATE THAT IS NOT PART OF
THE DOWNSTATE REGION.
  2. Prewiring and transfer switch. (a) Retail outlets in the  downstate
region  shall  be prewired with an appropriate transfer switch for using
an alternate generated power source at such retail outlets as follows:
  (i) each retail outlet in operation on  the  effective  date  of  this
section that is located within one-half mile by road measurement from an
exit  road  on  a  controlled access highway or from an evacuation route
shall be prewired by no later than April first, two thousand fourteen;
  (ii) each retail outlet beginning operation after the  effective  date
of  this  section  and before April first, two thousand fourteen that is
located within one-half mile by road measurement from an exit road on  a

S. 6357                            48                            A. 8557

controlled  access highway or from an evacuation route shall be prewired
by no later than April first, two thousand fifteen;
  (iii)  each retail outlet that is located within one-half mile by road
measurement from an evacuation route that is designated  as  such  after
the effective date of this section or within one-half mile by road meas-
urement  from  an exit road that is established after the effective date
of this section shall be prewired within one year of such designation or
establishment provided that funding is available at such  time  for  the
program established under subdivision twenty of section eighteen hundred
fifty-four of the public authorities law; and
  (iv)  thirty percent of all retail outlets that are part of a chain of
retail outlets, exclusive of those included in subparagraphs  (i),  (ii)
and  (iii)  of this paragraph, shall be prewired by no later than August
first, two thousand fifteen, provided, however, in the case of an exist-
ing retail outlet that becomes part of a chain of retail  outlets  after
the  effective  date of this section and that has been designated by the
chain as an outlet comprising such thirty  percent,  by  no  later  than
August  first,  two  thousand fifteen or one year after becoming part of
such chain, whichever is later, and provided further, in the case  of  a
retail outlet that is part of a chain of retail outlets, is part of such
thirty  percent  and  is subject to paragraph (b) of this subdivision as
required in paragraph (b) of this subdivision.
  (A-1) RETAIL OUTLETS IN THE UPSTATE REGION SHALL BE PREWIRED  WITH  AN
APPROPRIATE  TRANSFER  SWITCH  FOR  USING  AN  ALTERNATE GENERATED POWER
SOURCE AT SUCH RETAIL OUTLETS AS FOLLOWS:
  (I) EACH RETAIL OUTLET IN OPERATION ON  THE  EFFECTIVE  DATE  OF  THIS
PARAGRAPH  THAT IS LOCATED ON A STRATEGIC UPSTATE HIGHWAY OR WITHIN ONE-
HALF MILE BY ROAD MEASUREMENT FROM AN EXIT ROAD ON A  STRATEGIC  UPSTATE
HIGHWAY  OR  FROM AN EVACUATION ROUTE SHALL BE PREWIRED BY NO LATER THAN
APRIL FIRST, TWO THOUSAND FIFTEEN;
  (II) EACH RETAIL OUTLET BEGINNING OPERATION AFTER THE  EFFECTIVE  DATE
OF  THIS  PARAGRAPH AND BEFORE APRIL FIRST, TWO THOUSAND FIFTEEN THAT IS
LOCATED ON A STRATEGIC UPSTATE HIGHWAY OR WITHIN ONE-HALF MILE  BY  ROAD
MEASUREMENT  FROM AN EXIT ROAD ON A STRATEGIC UPSTATE HIGHWAY OR FROM AN
EVACUATION ROUTE SHALL BE PREWIRED BY NO LATER  THAN  APRIL  FIRST,  TWO
THOUSAND SIXTEEN; AND
  (III)  EACH RETAIL OUTLET THAT IS LOCATED WITHIN ONE-HALF MILE BY ROAD
MEASUREMENT FROM AN EVACUATION ROUTE THAT IS DESIGNATED  AS  SUCH  AFTER
THE  EFFECTIVE DATE OF THIS SECTION OR ON A STRATEGIC UPSTATE HIGHWAY OR
WITHIN ONE-HALF MILE BY ROAD MEASUREMENT FROM AN EXIT ROAD ON A  STRATE-
GIC UPSTATE HIGHWAY THAT IS ESTABLISHED AFTER THE EFFECTIVE DATE OF THIS
PARAGRAPH  SHALL  BE  PREWIRED  WITHIN  ONE  YEAR OF SUCH DESIGNATION OR
ESTABLISHMENT PROVIDED THAT FUNDING IS AVAILABLE AT SUCH  TIME  FOR  THE
PROGRAM ESTABLISHED UNDER SUBDIVISION TWENTY OF SECTION EIGHTEEN HUNDRED
FIFTY-FOUR OF THE PUBLIC AUTHORITIES LAW.
  (b)  Each  retail  outlet  for which a building permit is issued on or
after April first, two thousand fourteen for  new  construction  or  for
substantial  demolition  and  reconstruction,  shall be prewired with an
appropriate transfer switch  for  using  an  alternate  generated  power
source.
  (c) Such transfer switch and all associated electrical wiring shall be
installed,  operated,  and  maintained in compliance with all applicable
provisions of the New York state uniform fire  prevention  and  building
code  or any applicable local building code or standard. Installation of
appropriate wiring  and  transfer  switches  shall  be  performed  by  a
licensed electrical contractor.

S. 6357                            49                            A. 8557

  (d)  Each  retailer  shall keep on file at the retail outlet a written
statement in a form approved by the department and containing an  attes-
tation  by  a  licensed  electrician that the wiring and transfer switch
were installed in accordance with the manufacturer's specifications.  In
addition,  each  such  retailer  shall  maintain the wiring and transfer
switch in accordance with the manufacturer's specifications.
  (e) Each retail outlet IN THE DOWNSTATE REGION  in  operation  on  the
effective date of this section that sold less than seventy-five thousand
gallons  of  motor fuel per month on average for the period they were in
operation during the twelve months prior to the effective date shall  be
exempt from the requirements of this subdivision.
  3.  Emergency deployment. In the event that a declaration of an energy
or fuel supply emergency issued by the governor, the county executive of
a county [in the downstate region] CONTAINING RETAIL OUTLETS SUBJECT  TO
THE  PROVISIONS OF THIS SECTION or the mayor of a city with a population
in excess of one million inhabitants is  in  effect,  a  retailer  of  a
retail  outlet within any such county or city for which such declaration
was issued shall deploy and install an alternate generated power  source
as follows:
  (a)  For a retail outlet subject to the requirements of: (i) PARAGRAPH
(A-1) OF SUBDIVISION TWO OF THIS SECTION OR subparagraphs (i),  (ii)  or
(iii)  of paragraph (a) of subdivision two of this section or (ii) para-
graph (b) of subdivision two of this section  that  is  located  in  the
downstate  region and that is located within one-half mile by road meas-
urement from an exit road on a controlled  access  highway  or  from  an
evacuation  route, within twenty-four hours of such declaration, if such
outlet is without power at  the  time  of  such  declaration.  Provided,
however,  if  any such outlet loses power following such declaration and
while the declaration is still in effect, then the  alternate  generated
power source shall be deployed and installed within twenty-four hours of
such loss of power.
  (b)  For  a  retail  outlet  prewired  pursuant to the requirements of
subparagraph (iv) of paragraph (a) of subdivision two of  this  section,
within  forty-eight hours of such declaration, if such outlet is without
power at the time of such declaration. Provided, however,  if  any  such
outlet  loses power following such declaration and while the declaration
is still in effect, then the alternate generated power source  shall  be
deployed and installed within forty-eight hours of the loss of power.
  3-a.  Declaration of energy or fuel supply emergency. Upon issuance of
a declaration of an energy or fuel supply  emergency  pursuant  to  this
subdivision,  a  county  executive of a county [in the downstate region]
WHOSE RETAIL OUTLETS ARE SUBJECT TO THE PROVISIONS OF  THIS  SECTION  or
mayor  of  a city with a population in excess of one million inhabitants
who declared such emergency shall promptly notify the president  of  the
New  York  state  energy research and development authority, the commis-
sioner of homeland security and emergency services, and  impacted  resi-
dents using such means as are practicable and efficient.
  4. Plan for alternate generated power source. Each retailer subject to
subdivision  three of this section shall by the date of the installation
of the prewiring and transfer switch required under subdivision  two  of
this  section  have in place at each applicable retail outlet documenta-
tion in a form approved by the department demonstrating a plan to deploy
and install an alternate generated power source located at  such  retail
outlet  as  required under subdivision three of this section.  Such plan
shall take one of the following forms:

S. 6357                            50                            A. 8557

  (a) a receipt or other documentation showing ownership of  such  power
source;
  (b)  for  a  retailer subject to paragraph (a) of subdivision three of
this section, documentation attesting to participation  in  the  program
established  under  subdivision  twenty-one  of section eighteen hundred
fifty-four of the public authorities law; or
  (c) a contract with a supplier of  such  power  source  providing  for
deployment  and installation of such power source in compliance with the
requirements of this section, or other documentation  demonstrating  the
retailer's  ability  to  comply  with  the requirements of this section,
which may include the generator deployment and installation  plan  of  a
chain of retail outlets.
  5.  Inspection;  recordkeeping;  reporting.  The  commissioner  or the
commissioner's designee shall be  authorized  to  enter  during  regular
business  hours  upon  a  retail  outlet  subject to the requirements of
subdivision two of this section for the purpose of  determining  compli-
ance  with  the  provisions of this section and any rules or regulations
promulgated hereunder. All documents required pursuant  to  subdivisions
two  and  four  of  this  section  shall be maintained at the applicable
retail outlet and made available to the commissioner or the  commission-
er's  designee  upon  request.  In  addition,  each retailer of a retail
outlet, except for retail outlets granted exemptions under paragraph (e)
of subdivision two of this section, shall provide to the  department  by
[April first, two thousand fourteen] THE DATE OF THE INSTALLATION OF THE
PREWIRING  AND  TRANSFER  SWITCH  REQUIRED UNDER SUBDIVISION TWO OF THIS
SECTION and every two years thereafter written documentation in  a  form
approved  by  the  department  certifying  that such retail outlet is in
compliance with the requirements of this section, and any other require-
ment specified  by  any  rules  or  regulations  promulgated  hereunder;
provided,  however, that, for each retail outlet that is part of a chain
of retail outlets or to which subparagraph (ii) or  (iii)  of  paragraph
(a),  SUBPARAGRAPH (III) OF PARAGRAPH (A-1) or paragraph (b) of subdivi-
sion two applies, such written documentation shall be  provided  to  the
department within ten days after the date of installation of the prewir-
ing  and  transfer switch required to be installed under subdivision two
of this section and every two years thereafter.
  6. Rules and regulations; notification of applicability.  The  commis-
sioner shall have the authority, with the assistance of the commissioner
of  transportation,  the commissioner of homeland security and emergency
services, the president of the New York state energy research and devel-
opment authority, the secretary of state and the  chair  of  the  public
service  commission,  to  promulgate  such  rules and regulations as the
commissioner shall deem necessary to effectuate  the  purposes  of  this
section.  The  commissioner  shall by June first, two thousand thirteen:
(a) notify by first class mail all existing retail outlets  that  appear
to meet the criteria specified in subdivision two of this section of the
requirements  of  this  section  and  include with such notification any
other information deemed necessary by the commissioner, including infor-
mation regarding applicability criteria, compliance measures and  poten-
tial  grant assistance; (b) provide a list of all such retail outlets to
the governor, the temporary president of the senate and the  speaker  of
the  assembly;  and  (c)  post  such  list  on the department's website,
PROVIDED HOWEVER THAT FOR RETAIL OUTLETS SUBJECT TO PARAGRAPH  (A-1)  OF
SUBDIVISION TWO OF THIS SECTION, SUCH ACTIONS SHALL OCCUR BY JUNE FIRST,
TWO THOUSAND FOURTEEN.  If approval of federal mitigation funds or other
approved  resources for the program established under subdivision twenty

S. 6357                            51                            A. 8557

of section eighteen hundred fifty-four of  the  public  authorities  law
occurs  after  June first, two thousand thirteen, the commissioner shall
provide additional notification of such approval within thirty days. Any
retailer  of  a retail outlet specified on such list shall be subject to
the requirements of this section  unless  he  or  she  provides  written
documentation  to  the department by August first, two thousand thirteen
proving that such outlet  does  not  qualify,  or  is  eligible  for  an
exemption  pursuant to paragraph (e) of subdivision two of this section;
PROVIDED HOWEVER THAT FOR RETAIL OUTLETS SUBJECT TO PARAGRAPH  (A-1)  OF
SUBDIVISION  TWO OF THIS SECTION, ANY RETAILER OF A RETAIL OUTLET SPECI-
FIED ON SUCH LIST SHALL BE SUBJECT TO THE REQUIREMENTS OF  THIS  SECTION
UNLESS  HE  OR  SHE  PROVIDES WRITTEN DOCUMENTATION TO THE DEPARTMENT BY
AUGUST FIRST, TWO THOUSAND FOURTEEN PROVING THAT SUCH  OUTLET  DOES  NOT
QUALIFY.  The commissioner shall update such list every five years ther-
eafter,  OR  MORE  FREQUENTLY  AS  THE COMMISSIONER DEEMS NECESSARY, and
notify all new retail outlets that become subject to the requirements of
this section; provided, however, that compliance with  the  requirements
of this section is not conditioned on such notification.
  7.  Violations  and penalties. Any retailer who violates any provision
of this section, or any rule or regulation promulgated hereunder,  shall
be  liable  to  the people of the state for a civil penalty of up to one
thousand five hundred dollars per day for every such  violation,  to  be
assessed by the commissioner, after a hearing or opportunity to be heard
upon  due  notice  and  with  the right to representation by counsel. In
determining the amount of civil penalty,  the  commissioner  shall  take
into consideration mitigating factors, such as the availability of gaso-
line  at  the  retail  outlet, provided that the retailer did not refuse
such delivery, and the extent to which the retailer's action or inaction
contributed to the violation. Such penalty may be recovered in an action
brought by the attorney general at the request and in the  name  of  the
commissioner  in any court of competent jurisdiction. Such civil penalty
may be released or compromised by the commissioner before the matter has
been referred to the attorney general. Additionally, after such  hearing
and  a  finding  that  such retailer has violated the provisions of this
section, or of  any  rule  or  regulation  promulgated  thereunder,  the
commissioner  may issue and cause to be served upon such person an order
enjoining such person from violating  such  provisions  and  taking  all
necessary  actions  for  such  person  to come into compliance with such
provisions. Any such order of the commissioner may  be  enforced  in  an
action brought by the attorney general at the request and in the name of
the commissioner in any court of competent jurisdiction.
  Notwithstanding the foregoing, such retailer shall not be in violation
of  subdivision  three of this section if he or she is unable to deploy,
install or operate an alternate generated power source because of uncon-
trollable circumstances, including  but  not  limited  to,  restrictions
imposed  by  public safety officers to address an emergency situation or
that such retail station is made unsafe or unable to operate due to acts
of God, fires, floods, explosions or the safety of personnel  needed  to
operate  such retail outlet. Additionally, such retailer shall not be in
violation of subdivision three of this section if he or she is a partic-
ipant in the program established under subdivision twenty-one of section
eighteen hundred fifty-four of the public authorities law and a  genera-
tor  is  not  provided to the retailer due to the prioritization allowed
under such subdivision or through no fault of the retailer.

S. 6357                            52                            A. 8557

  8. This section shall not be construed  to  require  any  retailer  to
maintain  set  business  hours  in the event of an energy or fuel supply
emergency.
  9.  The  provisions  of this section shall supersede all local laws or
ordinances in the downstate region AND IN COUNTIES IN THE UPSTATE REGION
WHOSE RETAIL OUTLETS ARE SUBJECT  TO  THE  PROVISIONS  OF  THIS  SECTION
relating  to  the  installation and deployment of an alternate generated
power source or any related electrical or other equipment at any  retail
outlet.
  10.  The  requirements  of  this  section  shall  be contingent on the
approval of federal mitigation funds or other approved resources for the
program established under subdivision twenty of section eighteen hundred
fifty-four of the public authorities law. In  the  event  such  approval
does  not  occur  as of June first, two thousand thirteen, all deadlines
with a date of April first, two thousand fourteen shall  be  delayed  by
the  amount  of time such approval is delayed past June first, two thou-
sand thirteen.
  S 3. Subdivisions 20 and 21 of section 1854 of the public  authorities
law,  as added by section 3 of part S of chapter 58 of the laws of 2013,
are amended to read as follows:
  20. To administer a program, using funds provided for such purpose, to
provide a grant based on standards and  guidelines  established  by  the
authority for costs as follows:
  (a)  for  each  retail outlet that is in operation before April first,
two thousand fourteen and is subject to the  requirements  of  paragraph
(a)  of  subdivision  three  of  section one hundred ninety-two-h of the
agriculture and markets law AND FOR EACH RETAIL OUTLET THAT IS IN OPERA-
TION BEFORE APRIL FIRST, TWO THOUSAND FIFTEEN  AND  IS  SUBJECT  TO  THE
REQUIREMENTS  OF  PARAGRAPH  (A-1)  OF  SUBDIVISION  TWO  OF SECTION ONE
HUNDRED NINETY-TWO-H OF THE AGRICULTURE AND MARKETS LAW:
  (i) no greater than ten thousand  dollars  required  to  prewire  such
retail outlet with an appropriate transfer switch for using an alternate
generated power source as defined in section one hundred ninety-two-h of
the agriculture and markets law; or
  (ii)  no  greater  than  thirteen thousand dollars required to prewire
such retail outlet with an appropriate  transfer  switch  for  using  an
alternate generated power source as defined in section one hundred nine-
ty-two-h  of  the  agriculture  and  markets law and purchase such power
source to be permanently affixed at the site.
  (b) for each retail outlet that is in operation  before  April  first,
two  thousand  fourteen  and is subject to the requirements of paragraph
(b) of subdivision three of section  one  hundred  ninety-two-h  of  the
agriculture  and  markets  law,  no  greater  than  ten thousand dollars
required to: (i) prewire an existing retail outlet with  an  appropriate
transfer switch for using an alternate generated power source as defined
in  section one hundred ninety-two-h of the agriculture and markets law;
and/or (ii) purchase such power source to be permanently affixed at  the
site.
  (c)  to the extent funds are available, for retail outlets that become
operational on or after April first, two thousand fourteen, or to  which
subdivision  two  of section one hundred ninety-two-h of the agriculture
and markets law becomes applicable after  the  effective  date  of  this
subdivision,  which  grants  shall  otherwise  be  subject  to  the same
amounts, purposes and restrictions as paragraphs (a)  and  (b)  of  this
subdivision.

S. 6357                            53                            A. 8557

  The  authority  may  offer any funds provided for such purpose and not
expended to retail outlets that are not  required  to  comply  with  the
requirements  of  subdivision two of section one hundred ninety-two-h of
the agriculture and markets law but that seek  to  participate  in  such
program.
  21.  To  administer  a  program  to establish a pool of generators for
retail outlets as defined in section one  hundred  ninety-two-h  of  the
agriculture  and markets law. The authority may enter into or facilitate
contracts, lease agreements and any other  instruments  subject  to  the
provisions  of  law,  with  companies providing generators and generator
services to provide for such pool and the deployment and installation of
generators in the pool. Retail outlets that elect to participate in  the
program and are subject to the requirements of PARAGRAPH (A-1) OF SUBDI-
VISION  TWO OR paragraph (a) of subdivision three of section one hundred
ninety-two-h of the agriculture and markets law shall be  required  only
to  pay the actual cost of generator rental, deployment and installation
in the event that emergency deployment is  required,  provided,  that  a
participant must abide by the terms of any contract or written agreement
covering  the  rental, deployment and installation of such generator. In
the event that an insufficient number of generators is available to meet
required emergency deployment, the authority in  consultation  with  the
commissioner  of  homeland  security and emergency services shall prior-
itize such retail outlets as are most essential  to  public  safety  and
well-being  during  the energy or fuel supply emergency. When generators
from such program are  deployed,  the  authority  shall  provide  public
notice  on its website, to the media and through other means practicable
of those retail outlets where generators are deployed.
  S 4. This act shall take effect immediately.

                                 PART N

  Section 1. Section 2 of chapter 21 of the laws of 2003,  amending  the
executive  law  relating to permitting the secretary of state to provide
special handling for all documents filed or issued by  the  division  of
corporations  and to permit additional levels of such expedited service,
as amended by section 1 of part P of chapter 58 of the laws of 2013,  is
amended to read as follows:
  S  2.  This  act shall take effect immediately, provided however, that
section one of this act shall be deemed to have been in full  force  and
effect  on  and  after  April  1, 2003 and shall expire March 31, [2014]
2015.
  S 2. This act shall take effect immediately and  shall  be  deemed  to
have been in full force and effect on and after March 31, 2014.

                                 PART O

  Section  1.  Paragraph  (g) of section 104 of the business corporation
law, as amended by chapter 375 of the laws of 1998, is amended  to  read
as follows:
  (g)  The  department shall make, certify and transmit ELECTRONICALLY a
copy of each such instrument to the clerk of the  county  in  which  the
office  of  the  domestic or foreign corporation is or is to be located.
The county clerk shall file and index such copy.
  S 2.  Paragraph (g) of section 104 of the  not-for-profit  corporation
law,  as  amended by chapter 375 of the laws of 1998, is amended to read
as follows:

S. 6357                            54                            A. 8557

  (g)  The department shall make, certify and transmit ELECTRONICALLY  a
copy  of  each  such  instrument to the clerk of the county in which the
office of the domestic or foreign corporation is or is  to  be  located.
The county clerk shall file and index such copy.
  S 3. This act shall take effect immediately.

                                 PART P

  Section  1.  Subdivision  2  of section 160-f of the executive law, as
amended by chapter 397 of the laws  of  1991,  is  amended  to  read  as
follows:
  2. Notwithstanding any other law, the department may transmit an annu-
al  registry  fee  [of  not more than twenty-five dollars] AS SET BY THE
FEDERAL  APPRAISAL  SUBCOMMITTEE  IN  ACCORDANCE  WITH  12  U.S.C.  3338
(A)(4)(A)   from  such  individuals  who  perform  or  seek  to  perform
appraisals in federally related transactions and to transmit a roster of
such individuals to the Appraisal Subcommittee of the Federal  Financial
Institutions  Examination  Council as required by Title XI of the Finan-
cial Institutions Reform, Recovery, and Enforcement Act of 1989.
  S 2. This act shall take effect immediately.

                                 PART Q

  Section 1. Notwithstanding any other law, rule or  regulation  to  the
contrary,  expenses of the department of health public service education
program incurred pursuant to appropriations from  the  cable  television
account of the state miscellaneous special revenue funds shall be deemed
expenses of the department of public service.
  S  2.  This  act  shall take effect immediately and shall be deemed to
have been in full force and effect on and after April 1, 2014.

                                 PART R

  Section 1. Section 5 of the public service law is amended by adding  a
new subdivision 7 to read as follows:
  7.  (A)  THE  COMMISSION  MAY,  AFTER NOTICE AND HEARING, FORBEAR FROM
APPLYING THE PROVISIONS OF SUBDIVISION TWO  OF  SECTION  NINETY-ONE  AND
SECTION  NINETY-TWO,  NINETY-NINE,  ONE  HUNDRED, ONE HUNDRED ONE OR ONE
HUNDRED ONE-A OF THIS CHAPTER  TO  A  TELEPHONE  CORPORATION,  TELEPHONE
SERVICE,  OR  CLASS  OF  TELEPHONE CORPORATIONS OR TELEPHONE SERVICES AS
DEFINED IN COMMISSION REGULATIONS,  IN  ANY  GEOGRAPHIC  MARKET  UPON  A
DETERMINATION THAT:
  (I)  APPLICATION  OF  A  PROVISION IS NOT NECESSARY TO ENSURE JUST AND
REASONABLE RATES AND CHARGES AND RATES THAT ARE NOT UNJUSTLY  OR  UNREA-
SONABLY DISCRIMINATORY;
  (II)  APPLICATION  OF  A  PROVISION IS NOT NECESSARY FOR PROTECTION OF
CONSUMERS; AND
  (III) FORBEARANCE FROM APPLYING A PROVISION  IS  CONSISTENT  WITH  THE
PUBLIC INTEREST, INCLUDING, BUT NOT LIMITED TO, PROMOTION OF COMPETITIVE
MARKET CONDITIONS AND COMPETITION AMONG PROVIDERS OF TELEPHONE SERVICES.
  (B)  ANY TELEPHONE CORPORATION OR SUCH CLASS OF TELEPHONE CORPORATIONS
MAY PETITION THE COMMISSION FOR EXERCISE OF THE AUTHORITY GRANTED  UNDER
THIS SUBDIVISION.
  S  2.  Paragraph  (d)  of  subdivision  5  of section 52 of the public
service law, as added by chapter 186 of the laws of 1995, is amended  to
read as follows:

S. 6357                            55                            A. 8557

  (d)  when  such determination follows a customer complaint regarding a
shared meter condition or a utility discovery of a shared  meter  condi-
tion  that  is  not  in  response  to  an  owner's request for a utility
inspection for a shared meter condition, with respect to utility service
billed  after  December  first, nineteen hundred ninety-six, the utility
shall comply with the provisions of paragraphs (a), (b) and (c) of  this
subdivision,  and  further bill the owner and refund to the shared meter
customer an estimated amount of THE charges for [twelve months]  TWENTY-
FIVE  PERCENT  of  all  service  measured by the shared meter FOR TWELVE
MONTHS; provided, however, that this paragraph  shall  not  apply  to  a
shared  meter  condition if service measured through the shared meter is
minimal under commission rules adopted pursuant to subdivision eight  of
this section[. An owner so billed] OR IN THE EVENT AN OWNER, PURSUANT TO
SUBPARAGRAPH (I) OF PARAGRAPH (B) OF SUBDIVISION TWO OF THIS SECTION, IS
EXCUSED  FROM  CORRECTING THE SHARED METER CONDITION BY A LEGAL PROHIBI-
TION OR EXORBITANT COST AS DEFINED BY COMMISSION RULES ADOPTED  PURSUANT
TO  SUBDIVISION EIGHT OF THIS SECTION. A SHARED METER CUSTOMER may peti-
tion the commission or its designee for a determination that the  amount
of  such  [bill is excessive] ASSESSMENT IS UNSATISFACTORY and that such
bill and refund be adjusted [accordingly]; provided,  however,  [neither
the  adjusted  bill  nor]  THAT  the adjusted refund shall [be less than
twenty-five percent of] NOT EXCEED the  total  amount  of  the  original
bill.  [The  commission  is  authorized to make such a determination and
adjustment if it finds that a bill and refund of twelve months'  charges
is  unduly  burdensome  and  unfair.]  In  making such determination the
commission or its designee shall consider the total amount of  the  bill
and refund in relation to the shared area charges over such twelve month
period  and  any  other equitable factors established by the commission;
and
  S 3. Section 221 of the public service law, as added by chapter 83  of
the laws of 1995, is amended to read as follows:
  S 221. Certificate  of  confirmation.  1.  Except  as provided in this
section, no person shall exercise a franchise,  and  no  such  franchise
shall  be effective, [until the commission has confirmed such franchise.
A person wishing to exercise a franchise shall file with the  commission
an  application  for  a  certificate  of  confirmation  in such form and
containing such information and supportive documentation as the  commis-
sion  may  require.  The  application  shall  be accompanied by proof of
service thereof upon the franchisor and by such fee  as  the  commission
may  set] UNLESS A COPY OF SUCH FRANCHISE HAS BEEN APPROVED BY THE MUNI-
CIPALITY, AND PROPERLY FILED WITH THE COMMISSION WITHIN THIRTY  DAYS  OF
MUNICIPAL  APPROVAL.  SUCH  FRANCHISE SHALL BE SUBJECT, AT A MINIMUM, TO
THE FRANCHISING STANDARDS SET FORTH IN THIS ARTICLE AND  THE  RULES  AND
REGULATIONS PROMULGATED THEREUNDER BY THE COMMISSION.
  2. A FRANCHISE SHALL BE DEEMED GRANTED FORTY-FIVE DAYS AFTER THE FRAN-
CHISE  IS  FILED  PURSUANT TO SUBDIVISION ONE OF THIS SECTION UNLESS THE
COMMISSION, OR ITS DESIGNEE, DETERMINES WITHIN SUCH FORTY-FIVE DAY PERI-
OD THAT THE PUBLIC INTEREST REQUIRES THE COMMISSION'S REVIEW AND WRITTEN
ORDER.
  [2.] 3. The commission may hold a public hearing  on  any  application
for  a  certificate of confirmation if it determines that such a hearing
is in the public interest. The commission shall fix the time  and  place
for  such  a  hearing and cause notice thereof to be given to the appli-
cant, the chief executive officer of the municipality issuing the  fran-
chise  and  such  other  persons as the commission may deem appropriate.

S. 6357                            56                            A. 8557

Testimony may be taken and evidence received at such a hearing  pursuant
to such rules and procedures as the commission may establish.
  [3.]  4.  [The commission shall issue a] A certificate of confirmation
of the franchise [unless it  finds  that  (a)  the  applicant,  (b)  the
proposed cable television system, or (c) the proposed franchise does not
conform  to  the standards established in the regulations promulgated by
the commission pursuant  to  subdivision  two  of  section  two  hundred
fifteen,  or  that  operation of the proposed cable television system by
the applicant under the proposed cable television system by  the  appli-
cant  under  the  proposed  franchise  would be in violation of law, any
regulation or standard promulgated  by  the  commission  or  the  public
interest.] SHALL BE DEEMED CONFIRMED FORTY-FIVE DAYS AFTER THE FRANCHISE
IS  FILED PURSUANT TO SUBDIVISION ONE OF THIS SECTION UNLESS THE COMMIS-
SION, OR ITS DESIGNEE, DETERMINES WITHIN SUCH FORTY-FIVE DAY PERIOD THAT
THE PUBLIC INTEREST REQUIRES THE COMMISSION'S REVIEW AND WRITTEN ORDER.
  [4.] 5. The commission may issue a certificate of confirmation contin-
gent upon compliance with standards, terms  or  conditions  set  by  the
commission which it determines would not have been met by the applicant,
system or franchise as proposed.
  [5.]  6. In the event the commission refuses to issue a certificate of
confirmation, it shall set forth in writing the reasons  for  its  deci-
sion.
  [6. Any cable television company which, pursuant to any existing fran-
chise,  (i)  was  lawfully  engaged  in  actual  operations for (ii) had
commenced substantial construction (as  such  term  is  defined  by  the
commission)  of  a  cable  television  system on January first, nineteen
hundred seventy-two may continue to exercise said franchise pursuant  to
the  terms  thereof, provided such company files with the commission, on
or before July first, nineteen hundred seventy-three an  application  in
such  form  and containing such information and supporting documentation
as the commission may require. The commission shall issue a  certificate
of  confirmation to such a cable television company valid for five years
without further proceedings, which certificate may  be  renewed  by  the
commission on application for five year terms pursuant to the provisions
of section two hundred twenty-two.
  7.  Notwithstanding  any  other  provisions of this article, any cable
television company engaged in  actual  and  lawful  nonfranchised  cable
television  operations  on  April first, nineteen hundred seventy-three,
that applied for a certificate of confirmation on  or  before  September
first,  nineteen  hundred seventy-four and received a certificate, valid
for a five year period, may continue to operate within the limits of the
area in which it was actually rendering service on April first, nineteen
hundred seventy-three, as determined by the commission.  Such a  certif-
icate  of  confirmation  may be renewed by the commission on application
for five year terms pursuant to the provisions of  section  two  hundred
twenty-two  of  this  article.  Any such company which failed to file an
application pursuant to this section on or before September first, nine-
teen hundred seventy-four, shall thereafter be prohibited from  continu-
ing  operation  of  a  nonfranchised  cable  television system, provided
however, that the commission may authorize such continued  nonfranchised
operation in extraordinary circumstances for such periods as the commis-
sion may deem appropriate.
  8. Nothing in this section shall be deemed to validate a franchise not
granted  in  accordance  with  law or affect any claims in litigation on
January first, nineteen hundred seventy-three.   No  confirmation  under

S. 6357                            57                            A. 8557

this  section  shall  preclude  invalidation  of any franchise illegally
obtained.
  9.]  7.  Confirmation  by  the  commission and duties performed by the
commission with respect to its regulation of cable television  providers
under this article shall not be deemed to constitute "supervision of the
state  department  of  public service" for the purpose of the meaning of
such phrase as it is  used  in  describing  those  utilities  which  are
subject  to tax on a gross income basis under section one hundred eight-
y-six-a of the tax law or pursuant to section twenty-b  of  the  general
city  law  and subdivision one of section [five hundred thirty] 5-530 of
the village law.
  S 4. Section 222 of the public service  law  is  REPEALED  and  a  new
section 222 is added to read as follows:
  S  222.  RENEWAL OR AMENDMENT OF FRANCHISES.  1. EXCEPT AS PROVIDED IN
THIS SECTION, NO PERSON SHALL RENEW OR AMEND A FRANCHISE RENEWAL, AND NO
SUCH RENEWAL OR AMENDMENT SHALL BE EFFECTIVE,  UNLESS  A  COPY  OF  SUCH
RENEWAL OR AMENDMENT HAS BEEN APPROVED BY THE MUNICIPALITY, AND PROPERLY
FILED WITH THE COMMISSION WITHIN THIRTY DAYS OF MUNICIPAL APPROVAL. SUCH
RENEWAL  OR AMENDMENT SHALL BE SUBJECT, AT A MINIMUM, TO THE FRANCHISING
STANDARDS SET FORTH IN  THIS  ARTICLE  AND  THE  RULES  AND  REGULATIONS
PROMULGATED THEREUNDER BY THE COMMISSION.
  2.  RENEWALS  AND  AMENDMENTS  SHALL BE DEEMED GRANTED FORTY-FIVE DAYS
AFTER THE RENEWAL OR AMENDMENT IS FILED PURSUANT TO SUBDIVISION  ONE  OF
THIS  SECTION  UNLESS THE COMMISSION, OR ITS DESIGNEE, DETERMINES WITHIN
SUCH FORTY-FIVE DAY PERIOD THAT THE PUBLIC INTEREST REQUIRES THE COMMIS-
SION'S REVIEW AND WRITTEN ORDER.
  S 5. The public service law is amended by adding a new  section  222-a
to read as follows:
  S  222-A.  TRANSFER  OF  FRANCHISES AND TRANSFER OF CONTROL OVER FRAN-
CHISES AND SYSTEM PROPERTIES. 1. NO TRANSFER OF ANY  FRANCHISE,  OR  ANY
TRANSFER  OF CONTROL OF A FRANCHISE OR CERTIFICATE OF CONFIRMATION OR OF
FACILITIES CONSTITUTING A  SIGNIFICANT  PART  OF  ANY  CABLE  TELEVISION
SYSTEM  SHALL BE EFFECTIVE WITHOUT THE PRIOR APPROVAL OF THE COMMISSION.
SUCH APPROVAL SHALL BE REQUIRED IN ADDITION TO  ANY  MUNICIPAL  APPROVAL
REQUIRED  UNDER  THE  FRANCHISE  OR  BY  LAW.  FOR  THE PURPOSES OF THIS
SECTION, A MERGER OR CONSOLIDATION  OF  TWO  OR  MORE  CABLE  TELEVISION
COMPANIES  SHALL BE DEEMED TO BE A TRANSFER OF THE FRANCHISES OR CERTIF-
ICATES GRANTED TO SUCH COMPANIES.
  2. A PERSON WISHING TO TRANSFER A FRANCHISE, OR TO TRANSFER CONTROL OF
A FRANCHISE OR OF A SUBSTANTIAL PART OF  THE  FACILITIES  THEREOF  SHALL
FILE  WITH THE COMMISSION AN APPLICATION FOR APPROVAL OF SUCH CHANGE, IN
SUCH FORM AND CONTAINING SUCH INFORMATION AND  SUPPORTING  DOCUMENTS  AS
THE  COMMISSION  MAY  REQUIRE.  THE  APPLICATION SHALL BE ACCOMPANIED BY
PROOF OF SERVICE THEREOF UPON THE FRANCHISOR, IF ANY, AND BY SUCH FEE AS
THE COMMISSION MAY SET. THE COMMISSION MAY HOLD A PUBLIC HEARING ON  ANY
SUCH APPLICATION.
  3.  THE  COMMISSION SHALL APPROVE THE APPLICATION UNLESS IT FINDS THAT
THE APPLICANT, THE PROPOSED TRANSFEREE OR THE  CABLE  TELEVISION  SYSTEM
DOES NOT CONFORM TO THE STANDARDS ESTABLISHED IN THE REGULATIONS PROMUL-
GATED  BY THE COMMISSION PURSUANT TO THIS ARTICLE OR THAT APPROVAL WOULD
BE IN VIOLATION OF LAW, ANY REGULATION OR STANDARD  PROMULGATED  BY  THE
COMMISSION  OR  THE PUBLIC INTEREST, PROVIDED HOWEVER, THAT A FAILURE TO
CONFORM TO THE STANDARDS ESTABLISHED IN THE REGULATIONS  PROMULGATED  BY
THE  COMMISSION  SHALL  NOT PRECLUDE APPROVAL OF ANY SUCH APPLICATION IF
THE COMMISSION FINDS THAT SUCH APPROVAL WOULD SERVE THE PUBLIC INTEREST.

S. 6357                            58                            A. 8557

  4. THE COMMISSION MAY APPROVE THE APPLICATION CONTINGENT UPON  COMPLI-
ANCE  WITH STANDARDS, TERMS OR CONDITIONS SET BY THE COMMISSION WHICH IT
DETERMINES WOULD NOT HAVE BEEN MET BY THE PROPOSED TRANSFER OF  A  FRAN-
CHISE.
  5.  IN THE EVENT THE COMMISSION REFUSES TO APPROVE THE APPLICATION, IT
SHALL SET FORTH IN WRITING THE REASONS FOR ITS DECISION.
  6. APPROVAL OF A TRANSFER OF A FRANCHISE UNDER THIS SECTION SHALL  NOT
PRECLUDE INVALIDATION OF A FRANCHISE ILLEGALLY OBTAINED.
  S  6.  This act shall take effect immediately; provided, however, that
sections three, four and five of this  act  shall  apply  to  franchises
filed on or after the date this act shall have become a law.

                                 PART S

  Section  1. Paragraphs (a) and (b) of subdivision 6 of section 18-a of
the public service law, paragraph (a) as amended by section 1 of part BB
of chapter 59 of the laws of  2013  and  paragraph  (b)  as  amended  by
section  2  of part A of chapter 173 of the laws of 2013, are amended to
read as follows:
  (a) Notwithstanding any provision of law to the contrary, and  subject
to the exceptions provided for in paragraph (b) of this subdivision, for
the  state  fiscal  year beginning on April first, two thousand nine and
eight state fiscal  years  thereafter,  a  temporary  annual  assessment
(hereinafter  "temporary  state  energy and utility service conservation
assessment") is hereby imposed on public utility  companies  [(including
for  the  purposes of this subdivision municipalities other than munici-
palities as defined in section eighty-nine-l of this  chapter)],  corpo-
rations  (including  for  purposes  of  this subdivision the Long Island
power authority), and persons subject  to  the  commission's  regulation
(hereinafter  such  public  utility companies, corporations, and persons
are referred to collectively as the "utility entities") to encourage the
conservation of energy and  other  resources  provided  through  utility
entities,  to  be  assessed  in the manner provided in this subdivision;
provided, however, that such assessment shall not be imposed upon (1)  A
telephone  [corporations  as defined in subdivision seventeen of section
two of this article] CORPORATION, AND (2) A WATER-WORKS CORPORATION; AND
PROVIDED, FURTHER, THAT SUCH ASSESSMENT SHALL NOT BE  IMPOSED  UPON  THE
GROSS  OPERATING REVENUES DERIVED FROM: (I) AN ELECTRIC CUSTOMER ACCOUNT
WITH A MONTHLY PEAK DEMAND OF ONE THOUSAND KILOWATTS OR MORE IN THE LAST
PRECEDING CALENDAR YEAR AS DETERMINED PURSUANT TO THE  UTILITY  ENTITY'S
TARIFF,  AND  (II)  A GAS CUSTOMER ACCOUNT WITH AN ANNUAL CONSUMPTION IN
THE LAST PRECEDING CALENDAR YEAR OF ONE HUNDRED THOUSAND  DEKATHERMS  OR
MORE AS DETERMINED PURSUANT TO THE UTILITY ENTITY'S TARIFF.
  (b)  The  temporary  state  energy  and  utility  service conservation
assessment shall APPLY ONLY TO THOSE CORPORATIONS  AND  GROSS  OPERATING
REVENUES  NOT EXEMPTED IN PARAGRAPH (A) OF THIS SUBDIVISION AND SHALL be
based upon the following percentum of the utility entity's gross operat-
ing revenues derived from intrastate  utility  operations  in  the  last
preceding  calendar  year,  minus  the amount, if any, that such utility
entity is assessed pursuant to subdivisions one and two of this  section
for  the  corresponding state fiscal year period:  (1) two percentum for
the state fiscal year beginning  April  first,  two  thousand  thirteen;
[and]  (2)  1.89  PERCENTUM  FOR  the  state fiscal year beginning April
first, two thousand fourteen; [(2)  one  and  three-quarters]  (3)  1.13
percentum  for the state fiscal year beginning April first, two thousand
fifteen; and [(3) one and one-half] (4) 0.83  percentum  for  the  state

S. 6357                            59                            A. 8557

fiscal  year beginning April first, two thousand sixteen.  A PAYMENT FOR
SUCH ASSESSMENT RECEIVED BY A UTILITY ENTITY FOR THE STATE  FISCAL  YEAR
BEGINNING  APRIL  FIRST,  TWO  THOUSAND  FOURTEEN AND THEREAFTER FOR (I)
ELECTRIC  CUSTOMER  ACCOUNTS  WITH A MONTHLY PEAK DEMAND OF ONE THOUSAND
KILOWATTS OR MORE IN THE LAST  PRECEDING  CALENDAR  YEAR  AS  DETERMINED
PURSUANT  TO THE UTILITY ENTITY'S TARIFF, AND (II) GAS CUSTOMER ACCOUNTS
WITH AN ANNUAL CONSUMPTION IN THE LAST PRECEDING CALENDAR  YEAR  OF  ONE
HUNDRED THOUSAND DEKATHERMS OR MORE AS DETERMINED PURSUANT TO THE UTILI-
TY  ENTITY'S  TARIFF,  SHALL BE CREDITED TO SUCH CUSTOMER BY THE UTILITY
ENTITY, NO LESS FREQUENTLY THAN SEMI-ANNUALLY AND  IN  SUCH  MANNER  AND
FORM  AS MAY BE DETERMINED BY THE DEPARTMENT. With respect to the tempo-
rary state energy and utility service conservation assessment to be paid
for the state fiscal year beginning April first, two thousand  seventeen
and  notwithstanding clause (i) of paragraph (d) of this subdivision, on
or before March tenth, two thousand seventeen,  utility  entities  shall
make a payment equal to one-half of the assessment paid by such entities
pursuant  to this paragraph for the state fiscal year beginning on April
first, two thousand sixteen. With  respect  to  the  Long  Island  power
authority,  the  temporary state energy and utility service conservation
assessment shall APPLY ONLY TO THE GROSS OPERATING REVENUES NOT EXEMPTED
IN PARAGRAPH (A) OF THIS SUBDIVISION AND SHALL be based upon the follow-
ing percentum of such authority's gross operating revenues derived  from
intrastate utility operations in the last preceding calendar year, minus
the amount, if any, that such authority is assessed pursuant to subdivi-
sions  one-a  and two of this section for the corresponding state fiscal
year period: (1) one percentum for the state fiscal year beginning April
first, two thousand thirteen; [and] (2) 0.95  PERCENTUM  FOR  the  state
fiscal  year  beginning  April first, two thousand fourteen; [(2) three-
quarters of one] (3) 0.54 percentum for the state fiscal year  beginning
April first, two thousand fifteen; and [(3) one-half] (4) 0.36 percentum
for  the  state fiscal year beginning April first, two thousand sixteen;
provided, however, that should the amount assessed by the department for
costs and expenses pursuant to such subdivisions equal  or  exceed  such
authority's  temporary  state  energy  and  utility service conservation
assessment for a particular fiscal year, the amount  to  be  paid  under
this  subdivision  by  such authority shall be zero.  A PAYMENT FOR SUCH
ASSESSMENT RECEIVED FOR THE STATE FISCAL YEAR BEGINNING APRIL FIRST, TWO
THOUSAND FOURTEEN AND THEREAFTER FOR ELECTRIC CUSTOMER ACCOUNTS  WITH  A
MONTHLY  PEAK  DEMAND  OF  ONE  THOUSAND  KILOWATTS  OR MORE IN THE LAST
PRECEDING CALENDAR YEAR AS DETERMINED BY THE AUTHORITY'S TARIFF SHALL BE
CREDITED TO SUCH CUSTOMER BY THE  AUTHORITY,  NO  LESS  FREQUENTLY  THAN
SEMI-ANNUALLY  AND  IN  SUCH MANNER AND FORM AS MAY BE DETERMINED BY THE
AUTHORITY, IN CONSULTATION WITH THE  DEPARTMENT.  With  respect  to  the
temporary state energy and utility service conservation assessment to be
paid  for  the  state  fiscal  year  beginning April first, two thousand
seventeen and notwithstanding clause (i) of paragraph (d) of this subdi-
vision, on or before March  tenth,  two  thousand  seventeen,  the  Long
Island  power  authority  shall  make a payment equal to one-half of the
assessment it paid for the state fiscal year beginning on  April  first,
two  thousand sixteen. No corporation or person subject to the jurisdic-
tion of the commission only with respect to safety, or the power author-
ity of the state of New York, shall be subject to  the  temporary  state
energy  and  utility  service conservation assessment provided for under
this subdivision. Utility entities whose gross operating  revenues  from
intrastate  utility operations are five hundred thousand dollars or less
in the preceding calendar year shall not be  subject  to  the  temporary

S. 6357                            60                            A. 8557

state  energy  and  utility service conservation assessment. The minimum
temporary state energy and utility service conservation assessment to be
billed to any utility entity whose gross revenues from intrastate utili-
ty  operations  are  in  excess  of five hundred thousand dollars in the
preceding calendar year shall be two hundred dollars.
  S 2. This act shall take effect immediately and  shall  be  deemed  to
have been in full force and effect on and after April 1, 2014; provided,
however,  that  the  amendments  to subdivision 6 of section 18-a of the
public service law made by section one of this act shall not affect  the
repeal of such subdivision and shall be deemed to be repealed therewith.

                                 PART T

  Section  1. The opening paragraph of section 5102 of the insurance law
is amended and a new subsection (n) is added to read as follows:
  In this [chapter] ARTICLE:
  (N) "PROVIDER OF HEALTH SERVICES" MEANS AN INDIVIDUAL OR ENTITY WHO OR
THAT RENDERS OR HAS RENDERED HEALTH SERVICES.
  S 2. Section 5109 of the insurance law, as added by chapter 423 of the
laws of 2005, is amended to read as follows:
  S 5109. Unauthorized providers of health  services.  (a)  [The  super-
intendent,  in  consultation  with  the  commissioner  of health and the
commissioner of education, shall by regulation, promulgate standards and
procedures for investigating and suspending  or  removing  the  authori-
zation for providers of health services to demand or request payment for
health  services  as  specified  in  paragraph  one of subsection (a) of
section five thousand one hundred two  of  this  article  upon  findings
reached  after  investigation pursuant to this section. Such regulations
shall ensure the same  or  greater  due  process  provisions,  including
notice  and opportunity to be heard, as those afforded physicians inves-
tigated under article two of the workers'  compensation  law  and  shall
include  provision for notice to all providers of health services of the
provisions of this section and  regulations  promulgated  thereunder  at
least  ninety days in advance of the effective date of such regulations]
AS USED IN THIS SECTION, "HEALTH  SERVICES"  MEANS  SERVICES,  SUPPLIES,
THERAPIES,  OR  OTHER TREATMENTS AS SPECIFIED IN SUBPARAGRAPH (I), (II),
OR (IV) OF PARAGRAPH ONE OF SUBSECTION (A) OF SECTION FIVE THOUSAND  ONE
HUNDRED TWO OF THIS ARTICLE.
  (b)  [The  commissioner  of  health  and the commissioner of education
shall provide a list of the names of all providers  of  health  services
who  the  commissioner of health and the commissioner of education shall
deem, after  reasonable  investigation,  not  authorized  to  demand  or
request  any  payment  for medical services in connection with any claim
under this article because  such]  THE  SUPERINTENDENT  MAY  PROHIBIT  A
provider  of  health  services  FROM DEMANDING OR REQUESTING PAYMENT FOR
HEALTH SERVICES RENDERED UNDER THIS ARTICLE, FOR A PERIOD  SPECIFIED  BY
THE  SUPERINTENDENT,  IF THE SUPERINTENDENT DETERMINES, AFTER NOTICE AND
HEARING, THAT THE PROVIDER OF HEALTH SERVICES:
  (1) has ADMITTED TO, OR been FOUND guilty of, professional [or  other]
misconduct  [or  incompetency],  AS  DEFINED  IN  THE  EDUCATION LAW, in
connection with [medical] HEALTH services rendered under  this  article;
[or]
  (2)  [has exceeded the limits of his or her professional competence in
rendering medical care under this article or] has knowingly made a false
statement or representation as to a material fact in any medical  report

S. 6357                            61                            A. 8557

made,  OR  DOCUMENT  SUBMITTED,  in connection with any claim under this
article; or
  (3)  solicited,  or  [has]  employed  another  PERSON  to  solicit for
[himself or herself] THE PROVIDER OF HEALTH SERVICES  or  [for]  another
INDIVIDUAL OR ENTITY, professional treatment, examination or care of [an
injured] A person in connection with any claim under this article; [or]
  (4)  [has]  refused to appear before, or [to] answer ANY QUESTION upon
request of, the [commissioner of health, the] superintendent[,]  or  any
duly  authorized  officer  of [the] THIS state, [any legal question,] or
REFUSED to produce any relevant information concerning [his or her]  THE
conduct OF THE PROVIDER OF HEALTH SERVICES in connection with [rendering
medical] HEALTH services RENDERED under this article; [or]
  (5) [has] engaged in [patterns] A PATTERN of billing for:
  (A)  HEALTH  services [which] ALLEGED TO HAVE BEEN RENDERED UNDER THIS
ARTICLE, WHEN THE HEALTH SERVICES were not [provided.] RENDERED; OR
  (B) UNNECESSARY HEALTH SERVICES;
  (6) UTILIZED UNLICENSED PERSONS TO RENDER HEALTH SERVICES  UNDER  THIS
ARTICLE, WHEN ONLY A PERSON LICENSED IN THIS STATE MAY RENDER THE HEALTH
SERVICES;
  (7)  UTILIZED LICENSED PERSONS TO RENDER HEALTH SERVICES, WHEN RENDER-
ING THE HEALTH SERVICES IS BEYOND THE AUTHORIZED SCOPE OF  THE  PERSON'S
LICENSE;
  (8)  DIRECTLY  OR  INDIRECTLY CEDED OWNERSHIP OR CONTROL OF A BUSINESS
ENTITY AUTHORIZED TO PROVIDE PROFESSIONAL HEALTH SERVICES IN THIS STATE,
INCLUDING  A  PROFESSIONAL  SERVICE  CORPORATION,  PROFESSIONAL  LIMITED
LIABILITY  COMPANY,  OR  REGISTERED  LIMITED LIABILITY PARTNERSHIP, TO A
PERSON NOT LICENSED TO RENDER THE HEALTH SERVICES WHICH  THE  ENTITY  IS
LEGALLY  AUTHORIZED  TO  PROVIDE,  EXCEPT  WHERE THE UNLICENSED PERSON'S
OWNERSHIP OR CONTROL IS OTHERWISE PERMITTED BY LAW;
  (9) HAS BEEN CONVICTED OF OR PLED GUILTY TO ANY CRIME OR VIOLATION  OF
THE  PENAL  LAW  IN  CONNECTION WITH HEALTH SERVICES RENDERED UNDER THIS
ARTICLE;
  (10) HAS BEEN CONVICTED OF A CRIME INVOLVING FRAUDULENT  OR  DISHONEST
PRACTICES; OR
  (11) VIOLATED ANY PROVISION OF THIS ARTICLE OR REGULATIONS PROMULGATED
THEREUNDER.
  (c)  [Providers]  A  PROVIDER  of  health services shall [refrain from
subsequently treating for remuneration, as a private patient, any person
seeking medical treatment]  NOT  DEMAND  OR  REQUEST  PAYMENT  FROM  THE
PATIENT,  ANY INSURER, OR ANY OTHER PERSON FOR ANY HEALTH SERVICES under
this article [if such provider pursuant to this section has been prohib-
ited from demanding or requesting any payment for medical services under
this article. An injured claimant so treated or examined may raise  this
as]  THAT ARE RENDERED DURING THE TERM OF THE PROHIBITION ORDERED BY THE
SUPERINTENDENT PURSUANT TO SUBSECTION (B) OF THIS SECTION. THE  PROHIBI-
TION  ORDERED  BY  THE  SUPERINTENDENT MAY BE a defense in any action by
[such] THE provider  OF  HEALTH  SERVICES  for  payment  for  [treatment
rendered  at  any  time  after  such  provider  has been prohibited from
demanding or requesting payment for medical services in connection  with
any claim under this article] SUCH HEALTH SERVICES.
  (d)  The  [commissioner  of  health and the commissioner of education]
SUPERINTENDENT shall maintain [and regularly update] a database contain-
ing a list of providers of health services prohibited  by  this  section
from  demanding or requesting any payment for health services [connected
to a claim] RENDERED under this article and shall make [such] THE infor-

S. 6357                            62                            A. 8557

mation available to the public [by means of a website and by a toll free
number].
  (e)  THE  SUPERINTENDENT  MAY  LEVY  A CIVIL PENALTY NOT EXCEEDING TEN
THOUSAND DOLLARS FOR EACH OFFENSE ON ANY  PROVIDER  OF  HEALTH  SERVICES
THAT  THE  SUPERINTENDENT PROHIBITS FROM DEMANDING OR REQUESTING PAYMENT
FOR HEALTH SERVICES PURSUANT TO SUBSECTION  (B)  OF  THIS  SECTION.  ANY
CIVIL  PENALTY  IMPOSED  FOR  A  FRAUDULENT  INSURANCE ACT AS DEFINED IN
SECTION 176.05 OF THE PENAL LAW SHALL BE LEVIED PURSUANT TO ARTICLE FOUR
OF THIS CHAPTER.
  (F) Nothing in this section shall be  construed  as  limiting  in  any
respect the powers and duties of the commissioner of health, commission-
er  of  education  or  the  superintendent  to  investigate instances of
misconduct by a [health care] provider [and, after a  hearing  and  upon
written  notice  to  the provider, to temporarily prohibit a provider of
health services under such investigation from  demanding  or  requesting
any  payment  for  medical  services under this article for up to ninety
days from the date of such notice] OF HEALTH SERVICES AND TAKE APPROPRI-
ATE ACTION PURSUANT TO ANY OTHER PROVISION OF LAW.  A  DETERMINATION  OF
THE  SUPERINTENDENT PURSUANT TO SUBSECTION (B) OF THIS SECTION SHALL NOT
BE BINDING UPON THE COMMISSIONER OF HEALTH OR COMMISSIONER OF  EDUCATION
IN A PROFESSIONAL DISCIPLINE PROCEEDING RELATING TO THE SAME CONDUCT.
  S  3.  Paragraph  1  of subsection (a) of section 308 of the insurance
law, as amended by chapter 499 of the laws of 2009, is amended  to  read
as follows:
  (1)  The  superintendent  may  also  address to any health maintenance
organization, life settlement provider, life settlement intermediary  or
its  officers,  ANY  PROVIDER OF HEALTH SERVICES WHO DEMANDS OR REQUESTS
PAYMENT FOR HEALTH SERVICES RENDERED UNDER  ARTICLE  FIFTY-ONE  OF  THIS
CHAPTER,  or  any  authorized  insurer  or rate service organization, or
officers thereof, any inquiry in relation to its transactions or  condi-
tion  or  any matter connected therewith. Every corporation or person so
addressed shall reply in writing to such inquiry promptly and  truthful-
ly,  and  such  reply  shall  be,  if  required  by  the superintendent,
subscribed by such individual, or by  such  officer  or  officers  of  a
corporation, as the superintendent shall designate, and affirmed by them
as true under the penalties of perjury.
  S 4. The insurance law is amended by adding a new section 5110 to read
as follows:
  S  5110. EXAMINATIONS OF PROVIDERS OF HEALTH SERVICES; WHEN AUTHORIZED
OR REQUIRED.  (A) THE SUPERINTENDENT MAY MAKE AN EXAMINATION,  INCLUDING
AN  AUDIT OR UNANNOUNCED INSPECTION, INTO THE AFFAIRS OF ANY PROVIDER OF
HEALTH SERVICES THAT DEMANDS OR REQUESTS  PAYMENT  FOR  HEALTH  SERVICES
RENDERED  UNDER  THIS  ARTICLE  AS  OFTEN AS THE SUPERINTENDENT DEEMS IT
EXPEDIENT FOR THE PROTECTION OF THE INTERESTS  OF  THE  PEOPLE  OF  THIS
STATE.  AS  USED  IN  THIS  SECTION,  "HEALTH  SERVICES" MEANS SERVICES,
SUPPLIES, THERAPIES, OR OTHER TREATMENTS AS  SPECIFIED  IN  SUBPARAGRAPH
(I),  (II),  OR  (IV) OF PARAGRAPH ONE OF SUBSECTION (A) OF SECTION FIVE
THOUSAND ONE HUNDRED TWO OF THIS ARTICLE.
  (B)(1) WHENEVER THE SUPERINTENDENT  SHALL  DETERMINE  TO  EXAMINE  THE
AFFAIRS  OF  ANY  PROVIDER  OF HEALTH SERVICES, THE SUPERINTENDENT SHALL
MAKE AN ORDER INDICATING THE SCOPE OF THE EXAMINATION AND MAY APPOINT AS
EXAMINERS ONE OR MORE PERSONS NOT EMPLOYED BY  ANY  PROVIDER  OF  HEALTH
SERVICES  OR INSURER OR INTERESTED IN ANY PROVIDER OF HEALTH SERVICES OR
INSURER, EXCEPT AS A POLICYHOLDER. A  COPY  OF  SUCH  ORDER  SHALL  UPON
DEMAND BE EXHIBITED TO THE PROVIDER OF HEALTH SERVICES WHOSE AFFAIRS ARE
TO BE EXAMINED BEFORE THE EXAMINATION BEGINS.

S. 6357                            63                            A. 8557

  (2)  ANY  EXAMINER  AUTHORIZED  BY  THE  SUPERINTENDENT SHALL BE GIVEN
CONVENIENT ACCESS AT ALL REASONABLE HOURS TO THE BOOKS, RECORDS,  FILES,
SECURITIES  AND OTHER DOCUMENTS OF SUCH PROVIDER OF HEALTH SERVICES THAT
ARE RELEVANT TO THE EXAMINATION, AND  SHALL  HAVE  POWER  TO  ADMINISTER
OATHS AND TO EXAMINE UNDER OATH ANY OFFICER OR AGENT OF SUCH PROVIDER OF
HEALTH  SERVICES, AND ANY OTHER PERSON HAVING CUSTODY OR CONTROL OF SUCH
DOCUMENTS, REGARDING ANY MATTER RELEVANT TO THE EXAMINATION.
  (3) THE OFFICERS AND AGENTS OF SUCH PROVIDER OF HEALTH SERVICES  SHALL
FACILITATE  SUCH  EXAMINATION  AND  AID SUCH EXAMINERS IN CONDUCTING THE
SAME SO FAR AS IT IS IN THEIR POWER TO DO SO.
  (4) THE REFUSAL OF ANY PROVIDER OF HEALTH SERVICES TO SUBMIT TO  EXAM-
INATION SHALL BE GROUNDS FOR THE SUPERINTENDENT PROHIBITING THE PROVIDER
OF  HEALTH  SERVICES  FROM  DEMANDING  OR  REQUESTING PAYMENT FOR HEALTH
SERVICES RENDERED UNDER THIS ARTICLE PURSUANT TO SECTION  FIVE  THOUSAND
ONE HUNDRED NINE OF THIS ARTICLE.
  (5)  AN  EXAMINATION SHALL BE CONDUCTED CONSISTENT WITH ALL APPLICABLE
STATE AND FEDERAL PRIVACY LAWS.
  (6) THIS SECTION SHALL NOT APPLY TO A GENERAL HOSPITAL, AS DEFINED  IN
SUBDIVISION  TEN OF SECTION TWO THOUSAND EIGHT HUNDRED ONE OF THE PUBLIC
HEALTH LAW, OR A PROVIDER OF HEALTH SERVICES THAT  SUBMITTED  LESS  THAN
FIFTY  CLAIMS  IN  THE  PRIOR CALENDAR YEAR FOR HEALTH SERVICES RENDERED
UNDER THIS ARTICLE.
  S 5. This act shall take effect immediately; provided,  however,  that
sections  one  and two of this act shall take effect on the sixtieth day
after it shall have become a law.

                                 PART U

  Section 1. Paragraphs 11, 12, 13, 14, 16 and 17 of subsection  (a)  of
section 3217-a of the insurance law, as added by chapter 705 of the laws
of  1996,  are  amended  and four new paragraphs 16-a, 18, 19 and 20 are
added to read as follows:
  (11) where applicable, notice that an insured enrolled  in  a  managed
care  product  OR  IN  A COMPREHENSIVE POLICY THAT UTILIZES A NETWORK OF
PROVIDERS offered by the insurer may obtain a referral  [to]  OR  PREAU-
THORIZATION  FOR a health care provider outside of the insurer's network
or panel when the insurer does not have a health  care  provider  [with]
WHO  IS  GEOGRAPHICALLY ACCESSIBLE TO THE INSURED AND WHO HAS THE appro-
priate ESSENTIAL LEVEL OF training and  experience  in  the  network  or
panel  to  meet  the particular health care needs of the insured and the
procedure by which the insured can obtain such referral  OR  PREAUTHORI-
ZATION;
  (12)  where  applicable,  notice that an insured enrolled in a managed
care product OR A  COMPREHENSIVE  POLICY  THAT  UTILIZES  A  NETWORK  OF
PROVIDERS offered by the insurer with a condition which requires ongoing
care  from  a  specialist  may  request  a  standing  referral to such a
specialist and the procedure for requesting and obtaining such a  stand-
ing referral;
  (13)    where applicable, notice that an insured enrolled in a managed
care product OR A  COMPREHENSIVE  POLICY  THAT  UTILIZES  A  NETWORK  OF
PROVIDERS  offered  by  the  insurer  with  [(i)] (A) a life-threatening
condition or disease, or [(ii)] (B) a degenerative and disabling  condi-
tion  or disease, either of which requires specialized medical care over
a prolonged period of time may  request  a  specialist  responsible  for
providing  or  coordinating the insured's medical care and the procedure
for requesting and obtaining such a specialist;

S. 6357                            64                            A. 8557

  (14) where applicable, notice that an insured enrolled  in  a  managed
care  product  OR  A  COMPREHENSIVE  POLICY  THAT  UTILIZES A NETWORK OF
PROVIDERS offered by the  insurer  with  [(i)]  (A)  a  life-threatening
condition  or disease, or [(ii)] (B) a degenerative and disabling condi-
tion  or disease, either of which requires specialized medical care over
a prolonged period of time, may  request  access  to  a  specialty  care
center and the procedure by which such access may be obtained;
  (16) notice of all appropriate mailing addresses and telephone numbers
to be utilized by insureds seeking information or authorization; [and]
  (16-A)  WHERE  APPLICABLE,  NOTICE  THAT  AN INSURED SHALL HAVE DIRECT
ACCESS TO PRIMARY AND PREVENTIVE  OBSTETRIC  AND  GYNECOLOGIC  SERVICES,
INCLUDING  ANNUAL EXAMINATIONS, CARE RESULTING FROM SUCH ANNUAL EXAMINA-
TIONS, AND TREATMENT OF ACUTE GYNECOLOGIC CONDITIONS, FROM  A  QUALIFIED
PROVIDER  OF SUCH SERVICES OF HER CHOICE FROM WITHIN THE PLAN OR FOR ANY
CARE RELATED TO A PREGNANCY;
  (17) where applicable, a listing by specialty, which may be in a sepa-
rate document that is updated annually, of the name, address, and  tele-
phone  number  of all participating providers, including facilities, and
in  addition,  in  the  case  of  physicians,  board   certification[.],
LANGUAGES  SPOKEN AND ANY AFFILIATIONS WITH PARTICIPATING HOSPITALS. THE
LISTING SHALL ALSO BE POSTED ON THE INSURER'S WEBSITE  AND  THE  INSURER
SHALL  UPDATE  THE WEBSITE WITHIN FIFTEEN DAYS OF THE ADDITION OR TERMI-
NATION OF A PROVIDER FROM THE INSURER'S NETWORK OR A CHANGE IN A  PHYSI-
CIAN'S HOSPITAL AFFILIATION;
  (18)  A  DESCRIPTION  OF  THE  METHOD BY WHICH AN INSURED MAY SUBMIT A
CLAIM FOR HEALTH CARE SERVICES;
  (19) WHERE APPLICABLE, WITH RESPECT TO OUT-OF-NETWORK COVERAGE:
  (A) A CLEAR DESCRIPTION OF THE METHODOLOGY  USED  BY  THE  INSURER  TO
DETERMINE REIMBURSEMENT FOR OUT-OF-NETWORK HEALTH CARE SERVICES;
  (B)  A DESCRIPTION OF THE AMOUNT THAT THE INSURER WILL REIMBURSE UNDER
THE METHODOLOGY FOR OUT-OF-NETWORK HEALTH CARE SERVICES SET FORTH  AS  A
PERCENTAGE  OF  THE  USUAL  AND CUSTOMARY COST FOR OUT-OF-NETWORK HEALTH
CARE SERVICES; AND
  (C) EXAMPLES OF ANTICIPATED OUT-OF-POCKET COSTS FOR FREQUENTLY  BILLED
OUT-OF-NETWORK HEALTH CARE SERVICES; AND
  (20)  INFORMATION  IN  WRITING  AND  THROUGH  AN INTERNET WEBSITE THAT
REASONABLY PERMITS AN INSURED OR PROSPECTIVE INSURED  TO  DETERMINE  THE
ANTICIPATED  OUT-OF-POCKET  COST FOR OUT-OF-NETWORK HEALTH CARE SERVICES
IN A GEOGRAPHICAL AREA OR ZIP CODE BASED  UPON  THE  DIFFERENCE  BETWEEN
WHAT  THE INSURER WILL REIMBURSE FOR OUT-OF-NETWORK HEALTH CARE SERVICES
AND  THE  USUAL  AND  CUSTOMARY  COST  FOR  OUT-OF-NETWORK  HEALTH  CARE
SERVICES.
  S  2.  Paragraphs 11 and 12 of subsection (b) of section 3217-a of the
insurance law, as added by chapter 705 of the laws of 1996, are  amended
and two new paragraphs 13 and 14 are added to read as follows:
  (11)  where applicable, provide the written application procedures and
minimum qualification requirements  for  health  care  providers  to  be
considered by the insurer for participation in the insurer's network for
a managed care product; [and]
  (12)  disclose  such  other information as required by the superinten-
dent, provided that such requirements are promulgated  pursuant  to  the
state administrative procedure act[.];
  (13)  DISCLOSE  WHETHER  A HEALTH CARE PROVIDER SCHEDULED TO PROVIDE A
HEALTH CARE SERVICE IS AN IN-NETWORK PROVIDER; AND

S. 6357                            65                            A. 8557

  (14)  WHERE  APPLICABLE,  WITH  RESPECT  TO  OUT-OF-NETWORK  COVERAGE,
DISCLOSE  THE  DOLLAR  AMOUNT  THAT  THE INSURER WILL PAY FOR A SPECIFIC
OUT-OF-NETWORK HEALTH CARE SERVICE.
  S  3.  Section  3217-a of the insurance law is amended by adding a new
subsection (f) to read as follows:
  (F) FOR PURPOSES OF THIS SECTION, "USUAL  AND  CUSTOMARY  COST"  SHALL
MEAN  THE  EIGHTIETH PERCENTILE OF ALL CHARGES FOR THE PARTICULAR HEALTH
CARE SERVICE PERFORMED BY A PROVIDER IN THE SAME  OR  SIMILAR  SPECIALTY
AND PROVIDED IN THE SAME GEOGRAPHICAL AREA AS REPORTED IN A BENCHMARKING
DATABASE  MAINTAINED BY A NONPROFIT ORGANIZATION SPECIFIED BY THE SUPER-
INTENDENT. THE NONPROFIT ORGANIZATION SHALL NOT BE  AFFILIATED  WITH  AN
INSURER, A CORPORATION SUBJECT TO ARTICLE FORTY-THREE OF THIS CHAPTER, A
MUNICIPAL  COOPERATIVE HEALTH BENEFIT PLAN CERTIFIED PURSUANT TO ARTICLE
FORTY-SEVEN OF THIS CHAPTER, OR A HEALTH MAINTENANCE ORGANIZATION CERTI-
FIED PURSUANT TO ARTICLE FORTY-FOUR OF THE PUBLIC HEALTH LAW.
  S 4. Section 3217-d of the insurance law is amended by  adding  a  new
subsection (d) to read as follows:
  (D)  AN  INSURER  THAT  ISSUES  A COMPREHENSIVE POLICY THAT UTILIZES A
NETWORK OF PROVIDERS AND IS NOT A MANAGED CARE HEALTH INSURANCE CONTRACT
AS DEFINED IN SUBSECTION (C) OF SECTION FOUR THOUSAND EIGHT HUNDRED  ONE
OF  THIS  CHAPTER,  SHALL  PROVIDE  ACCESS  TO  OUT-OF-NETWORK  SERVICES
CONSISTENT WITH THE REQUIREMENTS OF SUBSECTION (A) OF SECTION FOUR THOU-
SAND EIGHT HUNDRED FOUR OF THIS CHAPTER, SUBSECTIONS (G-6) AND (G-7)  OF
SECTION  FOUR  THOUSAND  NINE HUNDRED OF THIS CHAPTER, SUBSECTIONS (A-1)
AND (A-2) OF SECTION FOUR THOUSAND NINE HUNDRED FOUR  OF  THIS  CHAPTER,
PARAGRAPHS  THREE  AND  FOUR  OF SUBSECTION (B) OF SECTION FOUR THOUSAND
NINE HUNDRED TEN OF THIS CHAPTER, AND SUBPARAGRAPHS (C) AND (D) OF PARA-
GRAPH FOUR OF SUBSECTION (B) OF SECTION FOUR THOUSAND NINE HUNDRED FOUR-
TEEN OF THIS CHAPTER.
  S 5. Section 3224-a of the insurance law is amended by  adding  a  new
subsection (j) to read as follows:
  (J) AN INSURER OR AN ORGANIZATION OR CORPORATION LICENSED OR CERTIFIED
PURSUANT  TO ARTICLE FORTY-THREE OR FORTY-SEVEN OF THIS CHAPTER OR ARTI-
CLE FORTY-FOUR OF THE PUBLIC HEALTH LAW OR A STUDENT HEALTH PLAN  ESTAB-
LISHED  OR MAINTAINED PURSUANT TO SECTION ONE THOUSAND ONE HUNDRED TWEN-
TY-FOUR OF THIS CHAPTER SHALL ACCEPT CLAIMS SUBMITTED BY A  POLICYHOLDER
OR  COVERED PERSON, IN WRITING, INCLUDING THROUGH THE INTERNET, BY ELEC-
TRONIC MAIL OR BY FACSIMILE.
  S 6. The insurance law is amended by adding a new section 3241 to read
as follows:
  S 3241.  NETWORK COVERAGE. (A) AN  INSURER,  A  CORPORATION  ORGANIZED
PURSUANT TO ARTICLE FORTY-THREE OF THIS CHAPTER, A MUNICIPAL COOPERATIVE
HEALTH  BENEFIT  PLAN  CERTIFIED PURSUANT TO ARTICLE FORTY-SEVEN OF THIS
CHAPTER, OR A STUDENT HEALTH PLAN ESTABLISHED OR MAINTAINED PURSUANT  TO
SECTION  ONE  THOUSAND  ONE  HUNDRED  TWENTY-FOUR  OF THIS CHAPTER, THAT
ISSUES A HEALTH INSURANCE POLICY OR CONTRACT WITH A  NETWORK  OF  HEALTH
CARE  PROVIDERS  SHALL  ENSURE  THAT THE NETWORK IS ADEQUATE TO MEET THE
HEALTH NEEDS OF INSUREDS AND PROVIDE AN APPROPRIATE CHOICE OF  PROVIDERS
SUFFICIENT  TO RENDER THE SERVICES COVERED UNDER THE POLICY OR CONTRACT.
THE SUPERINTENDENT SHALL REVIEW THE NETWORK OF HEALTH CARE PROVIDERS FOR
ADEQUACY AT THE TIME OF  THE  SUPERINTENDENT'S  INITIAL  APPROVAL  OF  A
HEALTH  INSURANCE  POLICY OR CONTRACT; AT LEAST EVERY THREE YEARS THERE-
AFTER; AND UPON APPLICATION FOR EXPANSION OF ANY SERVICE AREA ASSOCIATED
WITH THE POLICY OR CONTRACT IN CONFORMANCE WITH THE STANDARDS SET  FORTH
IN  SUBDIVISION  FIVE OF SECTION FOUR THOUSAND FOUR HUNDRED THREE OF THE
PUBLIC HEALTH LAW.  TO THE EXTENT THAT THE NETWORK HAS  BEEN  DETERMINED

S. 6357                            66                            A. 8557

BY  THE COMMISSIONER OF HEALTH TO MEET THE STANDARDS SET FORTH IN SUBDI-
VISION FIVE OF SECTION FOUR THOUSAND FOUR HUNDRED THREE  OF  THE  PUBLIC
HEALTH LAW, SUCH NETWORK SHALL BE DEEMED ADEQUATE BY THE SUPERINTENDENT.
  (B)(1)  AN INSURER, A CORPORATION ORGANIZED PURSUANT TO ARTICLE FORTY-
THREE OF THIS CHAPTER,  A  MUNICIPAL  COOPERATIVE  HEALTH  BENEFIT  PLAN
CERTIFIED  PURSUANT  TO  ARTICLE  FORTY-SEVEN  OF THIS CHAPTER, A HEALTH
MAINTENANCE ORGANIZATION CERTIFIED PURSUANT TO ARTICLE FORTY-FOUR OF THE
PUBLIC HEALTH LAW OR A STUDENT HEALTH  PLAN  ESTABLISHED  OR  MAINTAINED
PURSUANT  TO  SECTION ONE THOUSAND ONE HUNDRED TWENTY-FOUR OF THIS CHAP-
TER, THAT ISSUES A COMPREHENSIVE GROUP OR GROUP REMITTANCE HEALTH INSUR-
ANCE POLICY OR CONTRACT THAT COVERS OUT-OF-NETWORK HEALTH CARE  SERVICES
SHALL  MAKE AVAILABLE AND, IF REQUESTED BY THE POLICYHOLDER OR CONTRACT-
HOLDER, PROVIDE COVERAGE FOR AT LEAST SEVENTY PERCENT OF THE  USUAL  AND
CUSTOMARY  COST OF EACH OUT-OF-NETWORK HEALTH CARE SERVICE AFTER IMPOSI-
TION OF A DEDUCTIBLE OR ANY PERMISSIBLE BENEFIT MAXIMUM.
  (2) FOR THE PURPOSES OF THIS SUBSECTION, "USUAL  AND  CUSTOMARY  COST"
SHALL  MEAN  THE  EIGHTIETH PERCENTILE OF ALL CHARGES FOR THE PARTICULAR
HEALTH CARE SERVICE PERFORMED BY A  PROVIDER  IN  THE  SAME  OR  SIMILAR
SPECIALTY  AND  PROVIDED  IN THE SAME GEOGRAPHICAL AREA AS REPORTED IN A
BENCHMARKING DATABASE MAINTAINED BY A NONPROFIT  ORGANIZATION  SPECIFIED
BY  THE  SUPERINTENDENT.  THE NONPROFIT ORGANIZATION SHALL NOT BE AFFIL-
IATED WITH AN INSURER, A CORPORATION SUBJECT TO ARTICLE  FORTY-THREE  OF
THIS  CHAPTER,  A  MUNICIPAL  COOPERATIVE  HEALTH BENEFIT PLAN CERTIFIED
PURSUANT TO ARTICLE FORTY-SEVEN OF THIS CHAPTER,  A  HEALTH  MAINTENANCE
ORGANIZATION  CERTIFIED  PURSUANT  TO  ARTICLE  FORTY-FOUR OF THE PUBLIC
HEALTH LAW OR A STUDENT HEALTH PLAN ESTABLISHED OR  MAINTAINED  PURSUANT
TO SECTION ONE THOUSAND ONE HUNDRED TWENTY-FOUR OF THIS CHAPTER.
  (3)  THIS  SUBSECTION  SHALL  NOT  APPLY TO EMERGENCY CARE SERVICES IN
HOSPITAL FACILITIES OR PREHOSPITAL EMERGENCY MEDICAL SERVICES AS DEFINED
IN CLAUSE (I) OF SUBPARAGRAPH (E) OF PARAGRAPH TWENTY-FOUR OF SUBSECTION
(I) OF SECTION THREE THOUSAND TWO HUNDRED SIXTEEN OF  THIS  ARTICLE,  OR
CLAUSE (I) OF SUBPARAGRAPH (E) OF PARAGRAPH FIFTEEN OF SUBSECTION (L) OF
SECTION  THREE  THOUSAND  TWO  HUNDRED  TWENTY-ONE  OF  THIS CHAPTER, OR
SUBPARAGRAPH (A) OF PARAGRAPH FIVE OF SUBSECTION (AA)  OF  SECTION  FOUR
THOUSAND THREE HUNDRED THREE OF THIS CHAPTER.
  (4)  NOTHING  IN  THIS  SUBSECTION  SHALL  LIMIT  THE SUPERINTENDENT'S
AUTHORITY PURSUANT TO SECTION THREE THOUSAND TWO  HUNDRED  SEVENTEEN  OF
THIS  ARTICLE  TO  ESTABLISH MINIMUM STANDARDS FOR THE FORM, CONTENT AND
SALE OF ACCIDENT AND HEALTH INSURANCE POLICIES AND SUBSCRIBER CONTRACTS,
TO REQUIRE ADDITIONAL COVERAGE OPTIONS FOR OUT-OF-NETWORK  SERVICES,  OR
TO PROVIDE FOR STANDARDIZATION AND SIMPLIFICATION OF COVERAGE.
  (C)  WHEN  AN  INSURED  OR  ENROLLEE  UNDER  A CONTRACT OR POLICY THAT
PROVIDES COVERAGE FOR EMERGENCY SERVICES RECEIVES THE  SERVICES  FROM  A
HEALTH  CARE  PROVIDER THAT DOES NOT PARTICIPATE IN THE PROVIDER NETWORK
OF AN INSURER, A CORPORATION ORGANIZED PURSUANT TO  ARTICLE  FORTY-THREE
OF  THIS  CHAPTER, A MUNICIPAL COOPERATIVE HEALTH BENEFIT PLAN CERTIFIED
PURSUANT TO ARTICLE FORTY-SEVEN OF THIS CHAPTER,  A  HEALTH  MAINTENANCE
ORGANIZATION  CERTIFIED  PURSUANT  TO  ARTICLE  FORTY-FOUR OF THE PUBLIC
HEALTH LAW, OR A STUDENT HEALTH PLAN ESTABLISHED OR MAINTAINED  PURSUANT
TO SECTION ONE THOUSAND ONE HUNDRED TWENTY-FOUR OF THIS CHAPTER ("HEALTH
CARE  PLAN"),  THE  HEALTH  CARE  PLAN  SHALL ENSURE THAT THE INSURED OR
ENROLLEE SHALL INCUR NO GREATER OUT-OF-POCKET COSTS  FOR  THE  EMERGENCY
SERVICES  THAN THE INSURED OR ENROLLEE WOULD HAVE INCURRED WITH A HEALTH
CARE PROVIDER THAT PARTICIPATES  IN  THE  HEALTH  CARE  PLAN'S  PROVIDER
NETWORK.  FOR  THE  PURPOSE  OF THIS SECTION, "EMERGENCY SERVICES" SHALL
HAVE THE MEANING SET FORTH IN SUBPARAGRAPH  (D)  OF  PARAGRAPH  NINE  OF

S. 6357                            67                            A. 8557

SUBSECTION  (I)  OF  SECTION  THREE THOUSAND TWO HUNDRED SIXTEEN OF THIS
ARTICLE, SUBPARAGRAPH (D) OF PARAGRAPH FOUR OF SUBSECTION (K) OF SECTION
THREE THOUSAND TWO HUNDRED TWENTY-ONE OF THIS ARTICLE, AND  SUBPARAGRAPH
(D)  OF  PARAGRAPH  TWO OF SUBSECTION (A) OF SECTION FOUR THOUSAND THREE
HUNDRED THREE OF THIS CHAPTER.
  S 7. Section 4306-c of the insurance law is amended by  adding  a  new
subsection (d) to read as follows:
  (D)  A  CORPORATION,  INCLUDING A MUNICIPAL COOPERATIVE HEALTH BENEFIT
PLAN CERTIFIED PURSUANT TO ARTICLE FORTY-SEVEN OF  THIS  CHAPTER  AND  A
STUDENT  HEALTH  PLAN  ESTABLISHED OR MAINTAINED PURSUANT TO SECTION ONE
THOUSAND ONE HUNDRED TWENTY-FOUR OF THIS CHAPTER, THAT ISSUES A  COMPRE-
HENSIVE POLICY THAT UTILIZES A NETWORK OF PROVIDERS AND IS NOT A MANAGED
CARE  HEALTH  INSURANCE CONTRACT AS DEFINED IN SUBSECTION (C) OF SECTION
FOUR THOUSAND EIGHT HUNDRED ONE OF THIS CHAPTER, SHALL PROVIDE ACCESS TO
OUT-OF-NETWORK SERVICES CONSISTENT WITH THE REQUIREMENTS  OF  SUBSECTION
(A)  OF  SECTION  FOUR  THOUSAND  EIGHT  HUNDRED  FOUR  OF THIS CHAPTER,
SUBSECTIONS (G-6) AND (G-7) OF SECTION FOUR  THOUSAND  NINE  HUNDRED  OF
THIS  CHAPTER, SUBSECTIONS (A-1) AND (A-2) OF SECTION FOUR THOUSAND NINE
HUNDRED FOUR OF THIS CHAPTER, PARAGRAPHS THREE AND  FOUR  OF  SUBSECTION
(B)  OF  SECTION  FOUR  THOUSAND  NINE  HUNDRED TEN OF THIS CHAPTER, AND
SUBPARAGRAPHS (C) AND (D) OF PARAGRAPH FOUR OF SUBSECTION (B) OF SECTION
FOUR THOUSAND NINE HUNDRED FOURTEEN OF THIS CHAPTER.
  S 8. Paragraphs 11, 12, 13, 14, 16-a, 17, and 18 of subsection (a)  of
section  4324 of the insurance law, paragraphs 11, 12, 13, 14, 17 and 18
as added by chapter 705 of the laws of 1996, paragraph 16-a as added  by
chapter  554  of  the laws of 2002, are amended and three new paragraphs
19, 20 and 21 are added to read as follows:
  (11)  where applicable, notice that a subscriber enrolled in a managed
care product OR IN A COMPREHENSIVE CONTRACT THAT UTILIZES A  NETWORK  OF
PROVIDERS  offered  by  the  corporation  may  obtain a referral [to] OR
PREAUTHORIZATION FOR a health care provider outside of the corporation's
network or panel when the  corporation  does  not  have  a  health  care
provider  [with] WHO IS GEOGRAPHICALLY ACCESSIBLE TO THE INSURED AND WHO
HAS THE appropriate ESSENTIAL LEVEL OF training and  experience  in  the
network  or  panel  to  meet  the  particular  health  care needs of the
subscriber and the procedure by which the  subscriber  can  obtain  such
referral OR PREAUTHORIZATION;
  (12)  where applicable, notice that a subscriber enrolled in a managed
care product OR A COMPREHENSIVE CONTRACT  THAT  UTILIZES  A  NETWORK  OF
PROVIDERS  offered  by  the  corporation with a condition which requires
ongoing care from a specialist may request a standing referral to such a
specialist and the procedure for requesting and obtaining such a  stand-
ing referral;
  (13)  where applicable, notice that a subscriber enrolled in a managed
care product OR A COMPREHENSIVE CONTRACT  THAT  UTILIZES  A  NETWORK  OF
PROVIDERS  offered by the corporation with (i) a life-threatening condi-
tion or disease, or (ii)  a  degenerative  and  disabling  condition  or
disease,  either  of  which  requires  specialized  medical  care over a
prolonged period of  time  may  request  a  specialist  responsible  for
providing  or  coordinating the subscriber's medical care and the proce-
dure for requesting and obtaining such a specialist;
  (14) where applicable, notice that a subscriber enrolled in a  managed
care  product  OR  A  COMPREHENSIVE  CONTRACT THAT UTILIZES A NETWORK OF
PROVIDERS offered by the corporation with [(i)] (A)  a  life-threatening
condition  or disease, or [(ii)] (B) a degenerative and disabling condi-
tion or disease, either of which requires specialized medical care  over

S. 6357                            68                            A. 8557

a prolonged period of time may request access to a specialty care center
and the procedure by which such access may be obtained;
  (16-a)  where  applicable,  notice  that an enrollee shall have direct
access to primary and preventive  obstetric  and  gynecologic  services,
INCLUDING  ANNUAL EXAMINATIONS, CARE RESULTING FROM SUCH ANNUAL EXAMINA-
TIONS, AND TREATMENT OF ACUTE GYNECOLOGIC CONDITIONS, from  a  qualified
provider  of  such  services  of her choice from within the plan [for no
fewer than two examinations annually for such services] or [to] FOR  any
care  related  to A pregnancy [and that additionally, the enrollee shall
have direct access to primary and preventive obstetric  and  gynecologic
services required as a result of such annual examinations or as a result
of an acute gynecologic condition];
  (17) where applicable, a listing by specialty, which may be in a sepa-
rate  document that is updated annually, of the name, address, and tele-
phone number of all participating providers, including  facilities,  and
in  addition,  in  the  case  of physicians, board certification[; and],
LANGUAGES SPOKEN AND ANY AFFILIATIONS WITH PARTICIPATING HOSPITALS.  THE
LISTING SHALL ALSO BE POSTED ON THE CORPORATION'S WEBSITE AND THE CORPO-
RATION SHALL UPDATE THE WEBSITE WITHIN FIFTEEN DAYS OF THE  ADDITION  OR
TERMINATION  OF A PROVIDER FROM THE CORPORATION'S NETWORK OR A CHANGE IN
A PHYSICIAN'S HOSPITAL AFFILIATION;
  (18) a description of the mechanisms by which subscribers may  partic-
ipate in the development of the policies of the corporation[.];
  (19)  A  DESCRIPTION  OF THE METHOD BY WHICH A SUBSCRIBER MAY SUBMIT A
CLAIM FOR HEALTH CARE SERVICES;
  (20) WHERE APPLICABLE, WITH RESPECT TO OUT-OF-NETWORK COVERAGE:
  (A) A CLEAR DESCRIPTION OF THE METHODOLOGY USED BY THE CORPORATION  TO
DETERMINE REIMBURSEMENT FOR OUT-OF-NETWORK HEALTH CARE SERVICES;
  (B)  A  DESCRIPTION  OF THE AMOUNT THAT THE CORPORATION WILL REIMBURSE
UNDER THE METHODOLOGY FOR OUT-OF-NETWORK HEALTH CARE SERVICES SET  FORTH
AS  A  PERCENTAGE  OF  THE  USUAL  AND CUSTOMARY COST FOR OUT-OF-NETWORK
HEALTH CARE SERVICES; AND
  (C) EXAMPLES OF ANTICIPATED OUT-OF-POCKET COSTS FOR FREQUENTLY  BILLED
OUT-OF-NETWORK HEALTH CARE SERVICES; AND
  (21)  INFORMATION  IN  WRITING  AND  THROUGH  AN INTERNET WEBSITE THAT
REASONABLY PERMITS A SUBSCRIBER OR PROSPECTIVE SUBSCRIBER  TO  DETERMINE
THE  ANTICIPATED  OUT-OF-POCKET  COST  FOR  OUT-OF-NETWORK  HEALTH  CARE
SERVICES IN A GEOGRAPHICAL AREA OR ZIP CODE BASED  UPON  THE  DIFFERENCE
BETWEEN  WHAT  THE  CORPORATION WILL REIMBURSE FOR OUT-OF-NETWORK HEALTH
CARE SERVICES AND THE USUAL AND CUSTOMARY COST FOR OUT-OF-NETWORK HEALTH
CARE SERVICES.
  S 9. Paragraphs 11 and 12 of subsection (b) of  section  4324  of  the
insurance  law, as added by chapter 705 of the laws of 1996, are amended
and two new paragraphs 13 and 14 are added to read as follows:
  (11) where applicable, provide the written application procedures  and
minimum  qualification  requirements  for  health  care  providers to be
considered by the corporation for  participation  in  the  corporation's
network for a managed care product; [and]
  (12)  disclose  such  other information as required by the superinten-
dent, provided that such requirements are promulgated  pursuant  to  the
state administrative procedure act[.];
  (13)  DISCLOSE  WHETHER  A HEALTH CARE PROVIDER SCHEDULED TO PROVIDE A
HEALTH CARE SERVICE IS AN IN-NETWORK PROVIDER; AND
  (14)  WHERE  APPLICABLE,  WITH  RESPECT  TO  OUT-OF-NETWORK  COVERAGE,
DISCLOSE  THE DOLLAR AMOUNT THAT THE CORPORATION WILL PAY FOR A SPECIFIC
OUT-OF-NETWORK HEALTH CARE SERVICE.

S. 6357                            69                            A. 8557

  S 10. Section 4324 of the insurance law is amended  by  adding  a  new
subsection (f) to read as follows:
  (F)  FOR  PURPOSES  OF  THIS SECTION, "USUAL AND CUSTOMARY COST" SHALL
MEAN THE EIGHTIETH PERCENTILE OF ALL CHARGES FOR THE  PARTICULAR  HEALTH
CARE  SERVICE  PERFORMED  BY A PROVIDER IN THE SAME OR SIMILAR SPECIALTY
AND PROVIDED IN THE SAME GEOGRAPHICAL AREA AS REPORTED IN A BENCHMARKING
DATABASE MAINTAINED BY A NONPROFIT ORGANIZATION SPECIFIED BY THE  SUPER-
INTENDENT.  THE  NONPROFIT  ORGANIZATION SHALL NOT BE AFFILIATED WITH AN
INSURER, A CORPORATION SUBJECT TO THIS ARTICLE, A MUNICIPAL  COOPERATIVE
HEALTH  BENEFIT  PLAN  CERTIFIED PURSUANT TO ARTICLE FORTY-SEVEN OF THIS
CHAPTER, OR A HEALTH  MAINTENANCE  ORGANIZATION  CERTIFIED  PURSUANT  TO
ARTICLE FORTY-FOUR OF THE PUBLIC HEALTH LAW.
  S  10-a. Subsection (a) of section 4804 of the insurance law, as added
by chapter 705 of the laws of 1996, is amended to read as follows:
  (a) If an insurer offering a managed care product determines  that  it
does  not have a health care provider in the in-network benefits portion
of its network with appropriate training  and  experience  to  meet  the
particular  health  care  needs  of an insured, the insurer shall make a
referral to an  appropriate  provider,  pursuant  to  a  treatment  plan
approved  by the insurer in consultation with the primary care provider,
the non-participating provider and the insured or the  insured's  desig-
nee,  at no additional cost to the insured beyond what the insured would
otherwise pay for services received within the network.  NOTHING IN THIS
SUBSECTION SHALL BE CONSTRUED TO ENTITLE AN INSURED TO A REFERRAL TO THE
INSURED'S PREFERRED PROVIDER, WHERE  THAT  PROVIDER  IS  OUT-OF-NETWORK.
THE  PROVISIONS  OF  THIS  SUBSECTION  SHALL  ONLY  APPLY IF THERE IS NO
IN-NETWORK PROVIDER GEOGRAPHICALLY ACCESSIBLE TO THE INSURED WHO HAS THE
APPROPRIATE ESSENTIAL LEVEL OF  TRAINING  AND  EXPERIENCE  TO  MEET  THE
PARTICULAR NEEDS OF THE INSURED.
  S  11. Subsection (g-7) of section 4900 of the insurance law is redes-
ignated subsection (g-8) and a new subsection (g-7) is added to read  as
follows:
  (G-7)  "OUT-OF-NETWORK REFERRAL DENIAL" MEANS A DENIAL UNDER A MANAGED
CARE PRODUCT AS DEFINED IN SUBSECTION (C) OF SECTION FOUR THOUSAND EIGHT
HUNDRED ONE OF THIS CHAPTER OF A REQUEST FOR AN AUTHORIZATION OR  REFER-
RAL TO AN OUT-OF-NETWORK PROVIDER ON THE BASIS THAT THE HEALTH CARE PLAN
HAS  A  HEALTH  CARE  PROVIDER IN THE IN-NETWORK BENEFITS PORTION OF ITS
NETWORK WITH APPROPRIATE TRAINING AND EXPERIENCE TO MEET THE  PARTICULAR
HEALTH  CARE  NEEDS  OF  AN  INSURED,  AND  WHO  IS  ABLE TO PROVIDE THE
REQUESTED HEALTH SERVICE.  THE  NOTICE  OF  AN  OUT-OF-NETWORK  REFERRAL
DENIAL  PROVIDED TO AN INSURED SHALL INCLUDE INFORMATION EXPLAINING WHAT
INFORMATION THE INSURED MUST SUBMIT IN ORDER TO APPEAL  THE  OUT-OF-NET-
WORK  REFERRAL DENIAL PURSUANT TO SUBSECTION (A-2) OF SECTION FOUR THOU-
SAND NINE HUNDRED FOUR  OF  THIS  ARTICLE.  AN  OUT-OF-NETWORK  REFERRAL
DENIAL  UNDER  THIS  SUBSECTION  DOES NOT CONSTITUTE AN ADVERSE DETERMI-
NATION AS DEFINED IN THIS ARTICLE.   AN OUT-OF-NETWORK  REFERRAL  DENIAL
SHALL NOT BE CONSTRUED TO INCLUDE AN OUT-OF-NETWORK DENIAL AS DEFINED IN
SUBSECTION (G-6) OF THIS SECTION.
  S  12. Subsection (b) of section 4903 of the insurance law, as amended
by chapter 514 of the laws of 2013, is amended to read as follows:
  (b) A utilization review agent shall make a utilization review  deter-
mination  involving health care services which require pre-authorization
and provide notice of a determination to the insured or insured's desig-
nee and the insured's health care provider by telephone and  in  writing
within  three  business days of receipt of the necessary information. To
the extent practicable, such  written  notification  to  the  enrollee's

S. 6357                            70                            A. 8557

health  care  provider  shall be transmitted electronically, in a manner
and in a form agreed upon by the parties.  THE NOTIFICATION SHALL  IDEN-
TIFY:  (1) WHETHER THE SERVICES ARE CONSIDERED IN-NETWORK OR OUT-OF-NET-
WORK; (2) WHETHER THE INSURED WILL BE HELD HARMLESS FOR THE SERVICES AND
NOT  BE  RESPONSIBLE  FOR ANY PAYMENT, OTHER THAN ANY APPLICABLE CO-PAY-
MENT, CO-INSURANCE OR DEDUCTIBLE; (3) AS APPLICABLE, THE  DOLLAR  AMOUNT
THE  HEALTH CARE PLAN WILL PAY IF THE SERVICE IS OUT-OF-NETWORK; AND (4)
AS APPLICABLE, INFORMATION EXPLAINING HOW AN INSURED MAY  DETERMINE  THE
ANTICIPATED  OUT-OF-POCKET  COST FOR OUT-OF-NETWORK HEALTH CARE SERVICES
IN A GEOGRAPHICAL AREA OR ZIP CODE BASED  UPON  THE  DIFFERENCE  BETWEEN
WHAT  THE HEALTH CARE PLAN WILL REIMBURSE FOR OUT-OF-NETWORK HEALTH CARE
SERVICES AND THE USUAL AND CUSTOMARY COST FOR OUT-OF-NETWORK HEALTH CARE
SERVICES.
  S 13. Section 4904 of the insurance law is amended  by  adding  a  new
subsection (a-2) to read as follows:
  (A-2)  AN  INSURED OR THE INSURED'S DESIGNEE MAY APPEAL AN OUT-OF-NET-
WORK REFERRAL DENIAL BY A HEALTH  CARE  PLAN  BY  SUBMITTING  A  WRITTEN
STATEMENT  FROM  THE  INSURED'S  ATTENDING  PHYSICIAN,  WHO  MUST  BE  A
LICENSED, BOARD CERTIFIED OR BOARD ELIGIBLE PHYSICIAN QUALIFIED TO PRAC-
TICE IN THE SPECIALTY AREA OF PRACTICE APPROPRIATE TO TREAT THE  INSURED
FOR  THE HEALTH SERVICE SOUGHT, PROVIDED THAT: (1) THE IN-NETWORK HEALTH
CARE PROVIDER OR PROVIDERS RECOMMENDED BY THE HEALTH CARE  PLAN  DO  NOT
HAVE  THE  APPROPRIATE  TRAINING  AND  EXPERIENCE TO MEET THE PARTICULAR
HEALTH CARE NEEDS OF THE INSURED FOR THE HEALTH SERVICE; AND (2)  RECOM-
MENDS AN OUT-OF-NETWORK PROVIDER WITH THE APPROPRIATE TRAINING AND EXPE-
RIENCE  TO MEET THE PARTICULAR HEALTH CARE NEEDS OF THE INSURED, AND WHO
IS ABLE TO PROVIDE THE REQUESTED HEALTH SERVICE.
  S 14. Subsection (b) of section 4910 of the insurance law  is  amended
by adding a new paragraph 4 to read as follows:
  (4)(A)  THE  INSURED  HAS HAD AN OUT-OF-NETWORK REFERRAL DENIED ON THE
GROUNDS THAT THE HEALTH CARE PLAN HAS A  HEALTH  CARE  PROVIDER  IN  THE
IN-NETWORK BENEFITS PORTION OF ITS NETWORK WITH APPROPRIATE TRAINING AND
EXPERIENCE  TO  MEET THE PARTICULAR HEALTH CARE NEEDS OF AN INSURED, AND
WHO IS ABLE TO PROVIDE THE REQUESTED HEALTH SERVICE.
  (B) THE INSURED'S ATTENDING PHYSICIAN, WHO SHALL BE A LICENSED,  BOARD
CERTIFIED  OR  BOARD  ELIGIBLE  PHYSICIAN  QUALIFIED  TO PRACTICE IN THE
SPECIALTY AREA OF PRACTICE APPROPRIATE TO  TREAT  THE  INSURED  FOR  THE
HEALTH SERVICE SOUGHT, CERTIFIES THAT THE IN-NETWORK HEALTH CARE PROVID-
ER  OR  PROVIDERS  RECOMMENDED  BY  THE HEALTH CARE PLAN DO NOT HAVE THE
APPROPRIATE TRAINING AND EXPERIENCE TO MEET THE PARTICULAR  HEALTH  CARE
NEEDS  OF AN INSURED, AND RECOMMENDS AN OUT-OF-NETWORK PROVIDER WITH THE
APPROPRIATE TRAINING AND EXPERIENCE TO MEET THE PARTICULAR  HEALTH  CARE
NEEDS  OF  AN  INSURED,  AND WHO IS ABLE TO PROVIDE THE REQUESTED HEALTH
SERVICE.
  S 15. Paragraph 4 of subsection (b) of section 4914 of  the  insurance
law is amended by adding a new subparagraph (D) to read as follows:
  (D)  FOR  EXTERNAL  APPEALS  REQUESTED  PURSUANT  TO PARAGRAPH FOUR OF
SUBSECTION (B) OF SECTION FOUR THOUSAND NINE HUNDRED TEN OF  THIS  TITLE
RELATING TO AN OUT-OF-NETWORK REFERRAL DENIAL, THE EXTERNAL APPEAL AGENT
SHALL  REVIEW THE UTILIZATION REVIEW AGENT'S FINAL ADVERSE DETERMINATION
AND, IN ACCORDANCE WITH THE PROVISIONS  OF  THIS  TITLE,  SHALL  MAKE  A
DETERMINATION AS TO WHETHER THE OUT-OF-NETWORK REFERRAL SHALL BE COVERED
BY THE HEALTH PLAN; PROVIDED THAT SUCH DETERMINATION SHALL:
  (I)  BE CONDUCTED ONLY BY ONE OR A GREATER ODD NUMBER OF CLINICAL PEER
REVIEWERS;
  (II) BE ACCOMPANIED BY A WRITTEN STATEMENT:

S. 6357                            71                            A. 8557

  (I) THAT THE OUT-OF-NETWORK REFERRAL SHALL BE COVERED  BY  THE  HEALTH
CARE PLAN EITHER WHEN THE REVIEWER OR A MAJORITY OF THE PANEL OF REVIEW-
ERS  DETERMINES,  UPON  REVIEW  OF  THE  TRAINING  AND EXPERIENCE OF THE
IN-NETWORK HEALTH CARE PROVIDER OR PROVIDERS PROPOSED BY THE  PLAN,  THE
TRAINING  AND  EXPERIENCE  OF THE REQUESTED OUT-OF-NETWORK PROVIDER, THE
CLINICAL STANDARDS OF THE PLAN, THE INFORMATION PROVIDED CONCERNING  THE
INSURED, THE ATTENDING PHYSICIAN'S RECOMMENDATION, THE INSURED'S MEDICAL
RECORD,  AND  ANY OTHER PERTINENT INFORMATION, THAT THE HEALTH PLAN DOES
NOT HAVE A PROVIDER WITH THE APPROPRIATE TRAINING AND EXPERIENCE TO MEET
THE PARTICULAR HEALTH CARE NEEDS OF AN INSURED WHO IS  ABLE  TO  PROVIDE
THE  REQUESTED  HEALTH SERVICE, AND THAT THE OUT-OF-NETWORK PROVIDER HAS
THE APPROPRIATE TRAINING AND EXPERIENCE TO MEET  THE  PARTICULAR  HEALTH
CARE  NEEDS  OF  AN  INSURED,  IS  ABLE  TO PROVIDE THE REQUESTED HEALTH
SERVICE, AND IS LIKELY TO PRODUCE A MORE CLINICALLY BENEFICIAL  OUTCOME;
OR
  (II) UPHOLDING THE HEALTH PLAN'S DENIAL OF COVERAGE;
  (III)  BE  SUBJECT TO THE TERMS AND CONDITIONS GENERALLY APPLICABLE TO
BENEFITS UNDER THE EVIDENCE OF COVERAGE UNDER THE HEALTH CARE PLAN;
  (IV) BE BINDING ON THE PLAN AND THE INSURED; AND
  (V) BE ADMISSIBLE IN ANY COURT PROCEEDING.
  S 16. The public health law is amended by adding a new section  23  to
read as follows:
  S  23.  CLAIM  FORMS.    A  PHYSICIAN SHALL INCLUDE A CLAIM FORM FOR A
THIRD-PARTY PAYOR WITH A PATIENT BILL FOR HEALTH  CARE  SERVICES,  OTHER
THAN A BILL FOR THE PATIENT'S CO-PAYMENT, COINSURANCE OR DEDUCTIBLE.
  S  17.  The public health law is amended by adding a new section 24 to
read as follows:
  S 24. DISCLOSURE.  1. A HEALTH CARE  PROFESSIONAL  SHALL  DISCLOSE  TO
PATIENTS  OR  PROSPECTIVE  PATIENTS  IN  WRITING  OR THROUGH AN INTERNET
WEBSITE THE HEALTH CARE PLANS IN WHICH THE HEALTH CARE PROFESSIONAL IS A
PARTICIPATING PROVIDER AND THE HOSPITALS  WITH  WHICH  THE  HEALTH  CARE
PROFESSIONAL  IS  AFFILIATED  PRIOR  TO  THE  PROVISION OF NON-EMERGENCY
SERVICES AND VERBALLY AT THE TIME AN APPOINTMENT IS SCHEDULED.
  2. IF A HEALTH CARE PROFESSIONAL DOES NOT PARTICIPATE IN  THE  NETWORK
OF  A  PATIENT'S  OR  PROSPECTIVE PATIENT'S HEALTH CARE PLAN, THE HEALTH
CARE PROFESSIONAL SHALL:  (A) PRIOR TO THE  PROVISION  OF  NON-EMERGENCY
SERVICES,  INFORM  A  PATIENT  OR PROSPECTIVE PATIENT THAT THE AMOUNT OR
ESTIMATED AMOUNT THE HEALTH CARE PROFESSIONAL WILL BILL THE PATIENT  FOR
HEALTH  CARE SERVICES IS AVAILABLE UPON REQUEST; AND (B) UPON RECEIPT OF
A REQUEST FROM A PATIENT OR PROSPECTIVE PATIENT, DISCLOSE TO THE PATIENT
OR PROSPECTIVE PATIENT IN WRITING THE AMOUNT  OR  ESTIMATED  AMOUNT  THE
HEALTH  CARE  PROFESSIONAL  WILL BILL THE PATIENT OR PROSPECTIVE PATIENT
FOR HEALTH CARE SERVICES PROVIDED OR ANTICIPATED TO BE PROVIDED  TO  THE
PATIENT  OR  PROSPECTIVE PATIENT ABSENT UNFORESEEN MEDICAL CIRCUMSTANCES
THAT MAY ARISE WHEN THE HEALTH CARE SERVICES ARE PROVIDED.
  3. A HEALTH CARE PROFESSIONAL WHO  IS  A  PHYSICIAN  SHALL  PROVIDE  A
PATIENT  OR  PROSPECTIVE  PATIENT  WITH THE NAME, PRACTICE NAME, MAILING
ADDRESS, AND TELEPHONE NUMBER OF ANY HEALTH CARE PROVIDER  SCHEDULED  TO
PERFORM  ANESTHESIOLOGY,  LABORATORY,  PATHOLOGY, RADIOLOGY OR ASSISTANT
SURGEON SERVICES IN CONNECTION WITH CARE TO BE PROVIDED  IN  THE  PHYSI-
CIAN'S  OFFICE  FOR THE PATIENT OR COORDINATED OR REFERRED BY THE PHYSI-
CIAN FOR THE PATIENT PRIOR TO THE PROVISION OF SERVICES.
  4.   A HEALTH CARE PROFESSIONAL  WHO  IS  A  PHYSICIAN  SHALL,  FOR  A
PATIENT'S  SCHEDULED HOSPITAL ADMISSION OR SCHEDULED OUTPATIENT HOSPITAL
SERVICES, PROVIDE A PATIENT AND THE HOSPITAL  WITH  THE  NAME,  PRACTICE
NAME,  MAILING ADDRESS AND TELEPHONE NUMBER OF ANY OTHER PHYSICIAN WHOSE

S. 6357                            72                            A. 8557

SERVICES WILL BE ARRANGED BY THE PHYSICIAN AND ARE SCHEDULED AT THE TIME
OF THE PRE-ADMISSION TESTING, REGISTRATION   OR ADMISSION PRIOR  TO  THE
PROVISION  OF  SERVICES;  AND  INFORMATION  AS  TO  HOW TO DETERMINE THE
HEALTHCARE PLANS IN WHICH THE PHYSICIAN PARTICIPATES.
  5.  A HOSPITAL SHALL ESTABLISH, UPDATE AND MAKE PUBLIC THROUGH POSTING
ON THE HOSPITAL'S WEBSITE, TO THE EXTENT REQUIRED BY FEDERAL GUIDELINES,
A LIST OF  THE  HOSPITAL'S  STANDARD  CHARGES  FOR  ITEMS  AND  SERVICES
PROVIDED  BY THE HOSPITAL, INCLUDING FOR DIAGNOSIS-RELATED GROUPS ESTAB-
LISHED UNDER SECTION 1886(D)(4) OF THE FEDERAL SOCIAL SECURITY ACT.
  6. A HOSPITAL SHALL POST ON THE HOSPITAL'S WEBSITE:   (A)  THE  HEALTH
CARE  PLANS  IN  WHICH  THE  HOSPITAL IS A PARTICIPATING PROVIDER; (B) A
STATEMENT THAT (I) PHYSICIAN SERVICES PROVIDED IN THE HOSPITAL  ARE  NOT
INCLUDED IN THE HOSPITAL'S CHARGES; (II) PHYSICIANS WHO PROVIDE SERVICES
IN  THE  HOSPITAL  MAY  OR MAY NOT PARTICIPATE WITH THE SAME HEALTH CARE
PLANS AS THE HOSPITAL, AND; (III) THE PROSPECTIVE PATIENT  SHOULD  CHECK
WITH  THE PHYSICIAN ARRANGING FOR THE HOSPITAL SERVICES TO DETERMINE THE
HEALTH CARE PLANS IN WHICH THE PHYSICIAN PARTICIPATES; (C)  AS  APPLICA-
BLE,  THE  NAME,  MAILING  ADDRESS AND TELEPHONE NUMBER OF THE PHYSICIAN
GROUPS THAT THE HOSPITAL HAS CONTRACTED WITH TO PROVIDE SERVICES INCLUD-
ING ANESTHESIOLOGY, PATHOLOGY OR  RADIOLOGY,  AND  INSTRUCTIONS  HOW  TO
CONTACT  THESE GROUPS TO DETERMINE THE HEALTH CARE PLAN PARTICIPATION OF
THE PHYSICIANS IN THESE GROUPS; AND (D) AS APPLICABLE, THE NAME, MAILING
ADDRESS, AND TELEPHONE NUMBER OF PHYSICIANS EMPLOYED BY THE HOSPITAL AND
WHOSE SERVICES MAY BE PROVIDED AT THE  HOSPITAL,  AND  THE  HEALTH  CARE
PLANS IN WHICH THEY PARTICIPATE.
  7.  IN REGISTRATION OR ADMISSION MATERIALS PROVIDED IN ADVANCE OF NON-
EMERGENCY HOSPITAL SERVICES, A HOSPITAL SHALL: (A) ADVISE THE PATIENT OR
PROSPECTIVE PATIENT TO CHECK WITH THE PHYSICIAN ARRANGING  THE  HOSPITAL
SERVICES  TO DETERMINE: (I) THE NAME, PRACTICE NAME, MAILING ADDRESS AND
TELEPHONE NUMBER OF ANY OTHER PHYSICIAN WHOSE SERVICES WILL BE  ARRANGED
BY  THE  PHYSICIAN;  AND (II) WHETHER THE SERVICES OF PHYSICIANS WHO ARE
EMPLOYED OR CONTRACTED BY THE HOSPITAL  TO  PROVIDE  SERVICES  INCLUDING
ANESTHESIOLOGY, PATHOLOGY AND/OR RADIOLOGY ARE REASONABLY ANTICIPATED TO
BE  PROVIDED  TO  THE  PATIENT;  AND (B) PROVIDE PATIENTS OR PROSPECTIVE
PATIENTS WITH INFORMATION AS TO HOW TO TIMELY DETERMINE THE HEALTH  CARE
PLANS  PARTICIPATED  IN  BY PHYSICIANS WHO ARE REASONABLY ANTICIPATED TO
PROVIDE SERVICES TO THE PATIENT AT THE HOSPITAL, AS  DETERMINED  BY  THE
PHYSICIAN ARRANGING THE PATIENT'S HOSPITAL SERVICES, AND WHO ARE EMPLOY-
EES  OF  THE  HOSPITAL OR CONTRACTED BY THE HOSPITAL TO PROVIDE SERVICES
INCLUDING ANESTHESIOLOGY, RADIOLOGY AND/OR PATHOLOGY.
  8. FOR PURPOSES OF THIS SUBDIVISION:
  (A) "HEALTH CARE PLAN" MEANS A HEALTH  INSURER  INCLUDING  AN  INSURER
LICENSED TO WRITE ACCIDENT AND HEALTH INSURANCE SUBJECT TO ARTICLE THIR-
TY-TWO OF THE INSURANCE LAW; A CORPORATION ORGANIZED PURSUANT TO ARTICLE
FORTY-THREE OF THE INSURANCE LAW; A MUNICIPAL COOPERATIVE HEALTH BENEFIT
PLAN  CERTIFIED  PURSUANT TO ARTICLE FORTY-SEVEN OF THE INSURANCE LAW; A
HEALTH MAINTENANCE ORGANIZATION CERTIFIED PURSUANT TO ARTICLE FORTY-FOUR
OF THIS CHAPTER; A STUDENT HEALTH PLAN ESTABLISHED OR MAINTAINED  PURSU-
ANT TO SECTION ONE THOUSAND ONE HUNDRED TWENTY-FOUR OF THE INSURANCE LAW
OR A SELF-FUNDED EMPLOYEE WELFARE BENEFIT PLAN.
  (B) "HEALTH CARE PROFESSIONAL" MEANS AN APPROPRIATELY LICENSED, REGIS-
TERED  OR  CERTIFIED HEALTH CARE PROFESSIONAL PURSUANT TO TITLE EIGHT OF
THE EDUCATION LAW.
  S 17-a. Paragraph (a) of subdivision 6 of section 4403 of  the  public
health  law,  as added by chapter 705 of the laws of 1996, is amended to
read as follows:

S. 6357                            73                            A. 8557

  (a) If a health maintenance organization determines that it  does  not
have  a health care provider with appropriate training and experience in
its panel or network to meet the particular  health  care  needs  of  an
enrollee,  the  health maintenance organization shall make a referral to
an  appropriate  provider,  pursuant to a treatment plan approved by the
health maintenance organization in consultation with  the  primary  care
provider,  the non-participating provider and the enrollee or enrollee's
designee, at no additional cost to the enrollee beyond what the enrollee
would otherwise pay for services received within the network. NOTHING IN
THIS PARAGRAPH SHALL BE CONSTRUED TO ENTITLE AN ENROLLEE TO  A  REFERRAL
TO THE ENROLLEE'S PREFERRED PROVIDER, WHERE THAT PROVIDER IS OUT-OF-NET-
WORK.  THE  PROVISIONS OF THIS PARAGRAPH SHALL ONLY APPLY IF THERE IS NO
IN-NETWORK PROVIDER GEOGRAPHICALLY ACCESSIBLE TO THE  ENROLLEE  WHO  HAS
THE  APPROPRIATE  ESSENTIAL LEVEL OF TRAINING AND EXPERIENCE TO MEET THE
PARTICULAR NEEDS OF THE ENROLLEE.
  S 18. Paragraphs (k), (p-1), (q) and (r) of subdivision 1  of  section
4408  of  the public health law, paragraphs (k), (q) and (r) as added by
chapter 705 of the laws of 1996, and paragraph (p-1) as added by chapter
554 of the laws of 2002, are amended and three new paragraphs  (s),  (t)
and (u) are added to read as follows:
  (k)  notice  that  an  enrollee may obtain a referral to a health care
provider outside of the health  maintenance  organization's  network  or
panel  when  the  health maintenance organization does not have a health
care provider [with] WHO IS GEOGRAPHICALLY ACCESSIBLE  TO  THE  ENROLLEE
AND  WHO  HAS  appropriate ESSENTIAL LEVEL OF training and experience in
the network or panel to meet the particular health  care  needs  of  the
enrollee  and the procedure by which the enrollee can obtain such refer-
ral;
  (p-1) notice that an enrollee shall have direct access to primary  and
preventive obstetric and gynecologic services, INCLUDING ANNUAL EXAMINA-
TIONS,  CARE  RESULTING  FROM SUCH ANNUAL EXAMINATIONS, AND TREATMENT OF
ACUTE GYNECOLOGIC CONDITIONS, from a qualified provider of such services
of her choice from within the plan [for no fewer than  two  examinations
annually  for such services] or [to] FOR any care related to A pregnancy
[and that additionally, the enrollee shall have direct access to primary
and preventive obstetric and gynecologic services required as  a  result
of  such  annual  examinations  or  as  a result of an acute gynecologic
condition];
  (q) notice of all appropriate mailing addresses and telephone  numbers
to be utilized by enrollees seeking information or authorization; [and]
  (r)  a  listing by specialty, which may be in a separate document that
is updated annually, of the name, address and telephone  number  of  all
participating  providers, including facilities, and, in addition, in the
case of physicians, board certification[.],  LANGUAGES  SPOKEN  AND  ANY
AFFILIATIONS  WITH  PARTICIPATING  HOSPITALS.  THE LISTING SHALL ALSO BE
POSTED ON THE HEALTH MAINTENANCE ORGANIZATION'S WEBSITE AND  THE  HEALTH
MAINTENANCE ORGANIZATION SHALL UPDATE THE WEBSITE WITHIN FIFTEEN DAYS OF
THE  ADDITION  OR  TERMINATION OF A PROVIDER FROM THE HEALTH MAINTENANCE
ORGANIZATION'S NETWORK OR A CHANGE  IN  A  PHYSICIAN'S  HOSPITAL  AFFIL-
IATION;
  (S) WHERE APPLICABLE, A DESCRIPTION OF THE METHOD BY WHICH AN ENROLLEE
MAY SUBMIT A CLAIM FOR HEALTH CARE SERVICES;
  (T) WHERE APPLICABLE, WITH RESPECT TO OUT-OF-NETWORK COVERAGE:
  (I)  A CLEAR DESCRIPTION OF THE METHODOLOGY USED BY THE HEALTH MAINTE-
NANCE ORGANIZATION TO DETERMINE REIMBURSEMENT FOR OUT-OF-NETWORK  HEALTH
CARE SERVICES;

S. 6357                            74                            A. 8557

  (II) A DESCRIPTION OF THE AMOUNT THAT THE HEALTH MAINTENANCE ORGANIZA-
TION WILL REIMBURSE UNDER THE METHODOLOGY FOR OUT-OF-NETWORK HEALTH CARE
SERVICES  SET  FORTH AS A PERCENTAGE OF THE USUAL AND CUSTOMARY COST FOR
OUT-OF-NETWORK HEALTH CARE SERVICES;
  (III)  EXAMPLES  OF  ANTICIPATED  OUT-OF-POCKET  COSTS  FOR FREQUENTLY
BILLED OUT-OF-NETWORK HEALTH CARE SERVICES; AND
  (U) INFORMATION IN  WRITING  AND  THROUGH  AN  INTERNET  WEBSITE  THAT
REASONABLY  PERMITS AN ENROLLEE OR PROSPECTIVE ENROLLEE TO DETERMINE THE
ANTICIPATED OUT-OF-POCKET COST FOR OUT-OF-NETWORK HEALTH  CARE  SERVICES
IN  A  GEOGRAPHICAL  AREA  OR ZIP CODE BASED UPON THE DIFFERENCE BETWEEN
WHAT THE HEALTH MAINTENANCE ORGANIZATION WILL REIMBURSE FOR  OUT-OF-NET-
WORK  HEALTH  CARE  SERVICES  AND  THE  USUAL  AND  CUSTOMARY  COST  FOR
OUT-OF-NETWORK HEALTH CARE SERVICES.
  S 19. Paragraphs (k) and (l) of subdivision 2 of section 4408  of  the
public  health  law,  as  added  by chapter 705 of the laws of 1996, are
amended and two new paragraphs (m) and (n) are added to read as follows:
  (k) provide the written application procedures and minimum  qualifica-
tion  requirements  for  health  care  providers to be considered by the
health maintenance organization; [and]
  (1) disclose  other  information  as  required  by  the  commissioner,
provided  that  such  requirements are promulgated pursuant to the state
administrative procedure act[.];
  (M) DISCLOSE WHETHER A HEALTH CARE PROVIDER  SCHEDULED  TO  PROVIDE  A
HEALTH CARE SERVICE IS AN IN-NETWORK PROVIDER; AND
  (N)   WHERE  APPLICABLE,  WITH  RESPECT  TO  OUT-OF-NETWORK  COVERAGE,
DISCLOSE THE DOLLAR AMOUNT THAT THE HEALTH MAINTENANCE ORGANIZATION WILL
PAY FOR A SPECIFIC OUT-OF-NETWORK HEALTH CARE SERVICE.
  S 20. Section 4408 of the public health law is amended by adding a new
subdivision 7 to read as follows:
  7.  FOR PURPOSES OF THIS SECTION, "USUAL  AND  CUSTOMARY  COST"  SHALL
MEAN  THE  EIGHTIETH PERCENTILE OF ALL CHARGES FOR THE PARTICULAR HEALTH
CARE SERVICE PERFORMED BY A PROVIDER IN THE SAME  OR  SIMILAR  SPECIALTY
AND PROVIDED IN THE SAME GEOGRAPHICAL AREA AS REPORTED IN A BENCHMARKING
DATABASE  MAINTAINED BY A NONPROFIT ORGANIZATION SPECIFIED BY THE SUPER-
INTENDENT OF FINANCIAL SERVICES. THE NONPROFIT ORGANIZATION SHALL NOT BE
AFFILIATED WITH AN INSURER, A CORPORATION SUBJECT TO ARTICLE FORTY-THREE
OF THE INSURANCE LAW, A MUNICIPAL COOPERATIVE HEALTH BENEFIT PLAN CERTI-
FIED PURSUANT TO ARTICLE FORTY-SEVEN OF THE INSURANCE LAW, OR  A  HEALTH
MAINTENANCE ORGANIZATION CERTIFIED PURSUANT TO THIS ARTICLE.
  S  21.  Subdivision  7-g  of  section 4900 of the public health law is
renumbered subdivision 7-h and a new subdivision 7-g is added to read as
follows:
  7-G. "OUT-OF-NETWORK REFERRAL DENIAL" MEANS A DENIAL OF A REQUEST  FOR
AN  AUTHORIZATION OR REFERRAL TO AN OUT-OF-NETWORK PROVIDER ON THE BASIS
THAT THE HEALTH CARE PLAN HAS A HEALTH CARE PROVIDER IN  THE  IN-NETWORK
BENEFITS PORTION OF ITS NETWORK WITH APPROPRIATE TRAINING AND EXPERIENCE
TO MEET THE PARTICULAR HEALTH CARE NEEDS OF AN ENROLLEE, AND WHO IS ABLE
TO PROVIDE THE REQUESTED HEALTH SERVICE. THE NOTICE OF AN OUT-OF-NETWORK
REFERRAL  DENIAL  PROVIDED  TO  AN  ENROLLEE  SHALL  INCLUDE INFORMATION
EXPLAINING WHAT INFORMATION THE ENROLLEE MUST SUBMIT IN ORDER TO  APPEAL
THE  OUT-OF-NETWORK  REFERRAL  DENIAL  PURSUANT  TO SUBDIVISION ONE-B OF
SECTION FOUR THOUSAND NINE HUNDRED FOUR OF THIS ARTICLE. AN  OUT-OF-NET-
WORK  REFERRAL  DENIAL  UNDER  THIS  SUBDIVISION  DOES NOT CONSTITUTE AN
ADVERSE DETERMINATION AS DEFINED  IN  THIS  ARTICLE.  AN  OUT-OF-NETWORK
REFERRAL  DENIAL  SHALL  NOT  BE  CONSTRUED TO INCLUDE AN OUT-OF-NETWORK
DENIAL AS DEFINED IN SUBDIVISION SEVEN-F OF THIS SECTION.

S. 6357                            75                            A. 8557

  S 22. Subdivision 2 of section 4903  of  the  public  health  law,  as
amended  by  chapter  514  of  the  laws  of 2013, is amended to read as
follows:
  2. A utilization review agent shall make a utilization review determi-
nation  involving  health  care services which require pre-authorization
and provide notice of a determination  to  the  enrollee  or  enrollee's
designee  and  the  enrollee's  health care provider by telephone and in
writing within three business days of receipt of the necessary  informa-
tion.  To  the  extent  practicable,  such  written  notification to the
enrollee's health care provider shall be transmitted electronically,  in
a  manner  and  in  a  form agreed upon by the parties. THE NOTIFICATION
SHALL IDENTIFY; (A) WHETHER THE SERVICES ARE  CONSIDERED  IN-NETWORK  OR
OUT-OF-NETWORK;  (B)  AND WHETHER THE ENROLLEE WILL BE HELD HARMLESS FOR
THE SERVICES AND NOT BE RESPONSIBLE FOR  ANY  PAYMENT,  OTHER  THAN  ANY
APPLICABLE  CO-PAYMENT  OR  CO-INSURANCE;  (C) AS APPLICABLE, THE DOLLAR
AMOUNT THE HEALTH CARE PLAN WILL PAY IF THE SERVICE  IS  OUT-OF-NETWORK;
AND (D) AS APPLICABLE, INFORMATION EXPLAINING HOW AN ENROLLEE MAY DETER-
MINE  THE  ANTICIPATED OUT-OF-POCKET COST FOR OUT-OF-NETWORK HEALTH CARE
SERVICES IN A GEOGRAPHICAL AREA OR ZIP CODE BASED  UPON  THE  DIFFERENCE
BETWEEN  WHAT  THE  HEALTH  CARE  PLAN WILL REIMBURSE FOR OUT-OF-NETWORK
HEALTH CARE SERVICES AND THE USUAL AND CUSTOMARY COST FOR OUT-OF-NETWORK
HEALTH CARE SERVICES.
  S 23. Section 4904 of the public health law is amended by adding a new
subdivision 1-b to read as follows:
  1-B. AN ENROLLEE OR THE ENROLLEE'S DESIGNEE MAY APPEAL A DENIAL OF  AN
OUT-OF-NETWORK  REFERRAL  BY  A HEALTH CARE PLAN BY SUBMITTING A WRITTEN
STATEMENT FROM  THE  ENROLLEE'S  ATTENDING  PHYSICIAN,  WHO  MUST  BE  A
LICENSED, BOARD CERTIFIED OR BOARD ELIGIBLE PHYSICIAN QUALIFIED TO PRAC-
TICE IN THE SPECIALTY AREA OF PRACTICE APPROPRIATE TO TREAT THE ENROLLEE
FOR  THE HEALTH SERVICE SOUGHT, PROVIDED THAT: (A) THE IN-NETWORK HEALTH
CARE PROVIDER OR PROVIDERS RECOMMENDED BY THE HEALTH CARE  PLAN  DO  NOT
HAVE  THE  APPROPRIATE  TRAINING  AND  EXPERIENCE TO MEET THE PARTICULAR
HEALTH CARE NEEDS OF THE ENROLLEE FOR THE HEALTH SERVICE; AND (B) RECOM-
MENDS AN OUT-OF-NETWORK PROVIDER WITH THE APPROPRIATE TRAINING AND EXPE-
RIENCE TO MEET THE PARTICULAR HEALTH CARE NEEDS OF THE ENROLLEE, AND WHO
IS ABLE TO PROVIDE THE REQUESTED HEALTH SERVICE.
  S 24. Subdivision 2 of section  4910  of  the  public  health  law  is
amended by adding a new paragraph (d) to read as follows:
  (D)(I)  THE  ENROLLEE HAS HAD AN OUT-OF-NETWORK REFERRAL DENIED ON THE
GROUNDS THAT THE HEALTH CARE PLAN HAS A  HEALTH  CARE  PROVIDER  IN  THE
IN-NETWORK BENEFITS PORTION OF ITS NETWORK WITH APPROPRIATE TRAINING AND
EXPERIENCE  TO MEET THE PARTICULAR HEALTH CARE NEEDS OF AN ENROLLEE, AND
WHO IS ABLE TO PROVIDE THE REQUESTED HEALTH SERVICE.
  (II) THE ENROLLEE'S ATTENDING PHYSICIAN,  WHO  SHALL  BE  A  LICENSED,
BOARD CERTIFIED OR BOARD ELIGIBLE PHYSICIAN QUALIFIED TO PRACTICE IN THE
SPECIALTY  AREA  OF  PRACTICE  APPROPRIATE TO TREAT THE ENROLLEE FOR THE
HEALTH SERVICE SOUGHT, CERTIFIES THAT THE IN-NETWORK HEALTH CARE PROVID-
ER OR PROVIDERS RECOMMENDED BY THE HEALTH CARE  PLAN  DO  NOT  HAVE  THE
APPROPRIATE  TRAINING  AND EXPERIENCE TO MEET THE PARTICULAR HEALTH CARE
NEEDS OF AN ENROLLEE, AND RECOMMENDS AN OUT-OF-NETWORK PROVIDER WITH THE
APPROPRIATE TRAINING AND EXPERIENCE TO MEET THE PARTICULAR  HEALTH  CARE
NEEDS  OF  AN  ENROLLEE, AND WHO IS ABLE TO PROVIDE THE REQUESTED HEALTH
SERVICE.
  S 25. Paragraph (d) of subdivision 2 of section  4914  of  the  public
health  law  is  amended  by  adding  a  new subparagraph (D) to read as
follows:

S. 6357                            76                            A. 8557

  (D) FOR EXTERNAL APPEALS REQUESTED PURSUANT TO PARAGRAPH (D) OF SUBDI-
VISION TWO OF SECTION FOUR THOUSAND  NINE  HUNDRED  TEN  OF  THIS  TITLE
RELATING TO AN OUT-OF-NETWORK REFERRAL DENIAL, THE EXTERNAL APPEAL AGENT
SHALL  REVIEW THE UTILIZATION REVIEW AGENT'S FINAL ADVERSE DETERMINATION
AND,  IN  ACCORDANCE  WITH  THE  PROVISIONS  OF THIS TITLE, SHALL MAKE A
DETERMINATION AS TO WHETHER THE OUT-OF-NETWORK REFERRAL SHALL BE COVERED
BY THE HEALTH PLAN; PROVIDED THAT SUCH DETERMINATION SHALL:
  (I) BE CONDUCTED ONLY BY ONE OR A GREATER ODD NUMBER OF CLINICAL  PEER
REVIEWERS;
  (II) BE ACCOMPANIED BY A WRITTEN STATEMENT:
  (1)  THAT  THE  OUT-OF-NETWORK REFERRAL SHALL BE COVERED BY THE HEALTH
CARE PLAN EITHER WHEN THE REVIEWER OR A MAJORITY OF THE PANEL OF REVIEW-
ERS DETERMINES, UPON REVIEW  OF  THE  TRAINING  AND  EXPERIENCE  OF  THE
IN-NETWORK  HEALTH  CARE PROVIDER OR PROVIDERS PROPOSED BY THE PLAN, THE
TRAINING AND EXPERIENCE OF THE REQUESTED  OUT-OF-NETWORK  PROVIDER,  THE
CLINICAL  STANDARDS OF THE PLAN, THE INFORMATION PROVIDED CONCERNING THE
ENROLLEE,  THE  ATTENDING  PHYSICIAN'S  RECOMMENDATION,  THE  ENROLLEE'S
MEDICAL  RECORD,  AND  ANY  OTHER PERTINENT INFORMATION, THAT THE HEALTH
PLAN DOES NOT HAVE A PROVIDER WITH THE APPROPRIATE TRAINING AND  EXPERI-
ENCE TO MEET THE PARTICULAR HEALTH CARE NEEDS OF AN ENROLLEE WHO IS ABLE
TO  PROVIDE  THE  REQUESTED  HEALTH SERVICE, AND THAT THE OUT-OF-NETWORK
PROVIDER HAS THE APPROPRIATE TRAINING AND EXPERIENCE TO MEET THE PARTIC-
ULAR HEALTH CARE NEEDS OF AN ENROLLEE, IS ABLE TO PROVIDE THE  REQUESTED
HEALTH  SERVICE,  AND  IS LIKELY TO PRODUCE A MORE CLINICALLY BENEFICIAL
OUTCOME; OR
  (2) UPHOLDING THE HEALTH PLAN'S DENIAL OF COVERAGE;
  (III) BE SUBJECT TO THE TERMS AND CONDITIONS GENERALLY  APPLICABLE  TO
BENEFITS UNDER THE EVIDENCE OF COVERAGE UNDER THE HEALTH CARE PLAN;
  (IV) BE BINDING ON THE PLAN AND THE ENROLLEE; AND
  (V) BE ADMISSIBLE IN ANY COURT PROCEEDING.
  S  26. The financial services law is amended by adding a new article 6
to read as follows:
                                 ARTICLE 6
              EMERGENCY MEDICAL SERVICES AND SURPRISE BILLS
SECTION 601. DISPUTE RESOLUTION PROCESS ESTABLISHED.
        602. APPLICABILITY.
        603. DEFINITIONS.
        604. CRITERIA FOR DETERMINING A REASONABLE FEE.
        605. DISPUTE RESOLUTION FOR EMERGENCY SERVICES.
        606. HOLD HARMLESS AND ASSIGNMENT OF BENEFITS FOR SURPRISE BILLS
               FOR INSUREDS.
        607. DISPUTE RESOLUTION FOR SURPRISE BILLS.
        608. PAYMENT FOR INDEPENDENT DISPUTE RESOLUTION ENTITY.
  S 601. DISPUTE  RESOLUTION  PROCESS  ESTABLISHED.  THE  SUPERINTENDENT
SHALL  ESTABLISH  A  DISPUTE RESOLUTION PROCESS BY WHICH A DISPUTE FOR A
BILL FOR EMERGENCY SERVICES OR A SURPRISE  BILL  MAY  BE  RESOLVED.  THE
SUPERINTENDENT  SHALL  HAVE THE POWER TO GRANT AND REVOKE CERTIFICATIONS
OF INDEPENDENT DISPUTE RESOLUTION ENTITIES TO CONDUCT THE DISPUTE RESOL-
UTION PROCESS. THE SUPERINTENDENT SHALL  PROMULGATE  REGULATIONS  ESTAB-
LISHING  STANDARDS FOR THE DISPUTE RESOLUTION PROCESS, INCLUDING A PROC-
ESS  FOR  CERTIFYING  AND  SELECTING  INDEPENDENT   DISPUTE   RESOLUTION
ENTITIES.
  S  602.  APPLICABILITY.  THIS  ARTICLE  SHALL NOT APPLY TO HEALTH CARE
SERVICES, INCLUDING EMERGENCY SERVICES, WHERE PHYSICIAN FEES ARE SUBJECT
TO SCHEDULES OR OTHER MONETARY LIMITATIONS UNDER ANY OTHER LAW,  INCLUD-

S. 6357                            77                            A. 8557

ING THE WORKERS' COMPENSATION LAW AND ARTICLE FIFTY-ONE OF THE INSURANCE
LAW, AND SHALL NOT PREEMPT ANY SUCH LAW.
  S 603. DEFINITIONS. FOR THE PURPOSES OF THIS ARTICLE:
  (A) "EMERGENCY CONDITION" MEANS A MEDICAL OR BEHAVIORAL CONDITION THAT
MANIFESTS  ITSELF  BY  ACUTE  SYMPTOMS OF SUFFICIENT SEVERITY, INCLUDING
SEVERE PAIN, SUCH THAT A PRUDENT LAYPERSON, POSSESSING AN AVERAGE  KNOW-
LEDGE  OF  MEDICINE  AND  HEALTH, COULD REASONABLY EXPECT THE ABSENCE OF
IMMEDIATE MEDICAL ATTENTION TO RESULT IN : (1) PLACING THE HEALTH OF THE
PERSON AFFLICTED WITH SUCH CONDITION IN SERIOUS JEOPARDY, OR IN THE CASE
OF A BEHAVIORAL CONDITION PLACING THE HEALTH OF SUCH PERSON OR OTHERS IN
SERIOUS JEOPARDY; (2) SERIOUS IMPAIRMENT TO SUCH PERSON'S  BODILY  FUNC-
TIONS;  (3)  SERIOUS  DYSFUNCTION  OF  ANY  BODILY ORGAN OR PART OF SUCH
PERSON; (4) SERIOUS DISFIGUREMENT OF SUCH PERSON;  OR  (5)  A  CONDITION
DESCRIBED  IN  CLAUSE (I), (II) OR (III) OF SECTION 1867(E)(1)(A) OF THE
SOCIAL SECURITY ACT 42 U.S.C. S 1395DD.
  (B) "EMERGENCY SERVICES" MEANS, WITH RESPECT TO  AN  EMERGENCY  CONDI-
TION: (1) A MEDICAL SCREENING EXAMINATION AS REQUIRED UNDER SECTION 1867
OF  THE  SOCIAL  SECURITY  ACT,  42 U.S.C. S 1395DD, WHICH IS WITHIN THE
CAPABILITY OF THE EMERGENCY DEPARTMENT OF A HOSPITAL,  INCLUDING  ANCIL-
LARY  SERVICES ROUTINELY AVAILABLE TO THE EMERGENCY DEPARTMENT TO EVALU-
ATE SUCH EMERGENCY MEDICAL CONDITION; AND (2) WITHIN THE CAPABILITIES OF
THE STAFF AND FACILITIES AVAILABLE AT THE HOSPITAL, SUCH FURTHER MEDICAL
EXAMINATION AND TREATMENT AS ARE REQUIRED  UNDER  SECTION  1867  OF  THE
SOCIAL SECURITY ACT, 42 U.S.C.  S 1395DD, TO STABILIZE THE PATIENT.
  (C) "HEALTH CARE PLAN" MEANS AN INSURER LICENSED TO WRITE ACCIDENT AND
HEALTH  INSURANCE PURSUANT TO ARTICLE THIRTY-TWO OF THE INSURANCE LAW; A
CORPORATION ORGANIZED PURSUANT TO ARTICLE FORTY-THREE OF  THE  INSURANCE
LAW;  A  MUNICIPAL COOPERATIVE HEALTH BENEFIT PLAN CERTIFIED PURSUANT TO
ARTICLE FORTY-SEVEN OF THE INSURANCE LAW; A HEALTH MAINTENANCE ORGANIZA-
TION CERTIFIED PURSUANT TO ARTICLE FORTY-FOUR OF THE PUBLIC HEALTH  LAW;
OR  A  STUDENT HEALTH PLAN ESTABLISHED OR MAINTAINED PURSUANT TO SECTION
ONE THOUSAND ONE HUNDRED TWENTY-FOUR OF THE INSURANCE LAW.
  (D) "INSURED" MEANS A PATIENT COVERED UNDER A HEALTH CARE PLAN'S POLI-
CY OR CONTRACT.
  (E) "NON-PARTICIPATING" MEANS NOT HAVING A CONTRACT WITH A HEALTH CARE
PLAN TO PROVIDE HEALTH CARE SERVICES TO AN INSURED.
  (F) "PARTICIPATING" MEANS HAVING A CONTRACT WITH A HEALTH CARE PLAN TO
PROVIDE HEALTH CARE SERVICES TO AN INSURED.
  (G) "PATIENT" MEANS  A  PERSON  WHO  RECEIVES  HEALTH  CARE  SERVICES,
INCLUDING EMERGENCY SERVICES, IN THIS STATE.
  (H)  "SURPRISE BILL" MEANS A BILL FOR HEALTH CARE SERVICES, OTHER THAN
EMERGENCY SERVICES, RECEIVED BY:
  (1) AN INSURED FOR SERVICES RENDERED BY A NON-PARTICIPATING  PHYSICIAN
AT  A  PARTICIPATING  HOSPITAL  OR  AMBULATORY  SURGICAL CENTER, WHERE A
PARTICIPATING PHYSICIAN IS UNAVAILABLE  AT  THE  TIME  THE  HEALTH  CARE
SERVICES ARE RENDERED; PROVIDED, HOWEVER, THAT A SURPRISE BILL SHALL NOT
MEAN  A  BILL  RECEIVED  FOR  HEALTH  CARE SERVICES WHEN A PARTICIPATING
PHYSICIAN IS AVAILABLE AND THE INSURED HAS ELECTED  TO  OBTAIN  SERVICES
FROM A NON-PARTICIPATING PHYSICIAN; OR
  (2)  A PATIENT WHO IS NOT AN INSURED FOR SERVICES RENDERED BY A PHYSI-
CIAN AT A HOSPITAL OR AMBULATORY SURGICAL CENTER, WHERE THE PATIENT  HAS
NOT  TIMELY RECEIVED ALL OF THE DISCLOSURES REQUIRED PURSUANT TO SECTION
TWENTY-FOUR OF THE PUBLIC HEALTH LAW.
  (I) "USUAL AND CUSTOMARY COST" MEANS THE EIGHTIETH PERCENTILE  OF  ALL
CHARGES  FOR  THE PARTICULAR HEALTH CARE SERVICE PERFORMED BY A PROVIDER
IN THE SAME OR SIMILAR SPECIALTY AND PROVIDED IN THE  SAME  GEOGRAPHICAL

S. 6357                            78                            A. 8557

AREA  AS  REPORTED  IN A BENCHMARKING DATABASE MAINTAINED BY A NONPROFIT
ORGANIZATION SPECIFIED BY THE SUPERINTENDENT. THE NONPROFIT ORGANIZATION
SHALL NOT BE AFFILIATED WITH AN INSURER, A CORPORATION SUBJECT TO  ARTI-
CLE  FORTY-THREE  OF  THE  INSURANCE LAW, A MUNICIPAL COOPERATIVE HEALTH
BENEFIT PLAN CERTIFIED PURSUANT TO ARTICLE FORTY-SEVEN OF THE  INSURANCE
LAW,  OR A HEALTH MAINTENANCE ORGANIZATION CERTIFIED PURSUANT TO ARTICLE
FORTY-FOUR OF THE PUBLIC HEALTH LAW.
  S 604. CRITERIA FOR DETERMINING A REASONABLE FEE. IN  DETERMINING  THE
APPROPRIATE  AMOUNT  TO  PAY  FOR  A HEALTH CARE SERVICE, AN INDEPENDENT
DISPUTE RESOLUTION ENTITY SHALL CONSIDER ALL RELEVANT  FACTORS,  INCLUD-
ING:
  (A)  WHETHER THERE IS A GROSS DISPARITY BETWEEN THE FEE CHARGED BY THE
PHYSICIAN FOR SERVICES RENDERED AS COMPARED TO:
  (1) FEES PAID TO THE INVOLVED PHYSICIAN FOR THE SAME SERVICES RENDERED
BY THE PHYSICIAN TO OTHER PATIENTS IN HEALTH CARE  PLANS  IN  WHICH  THE
PHYSICIAN IS NOT PARTICIPATING, AND
  (2)  IN  THE CASE OF A DISPUTE INVOLVING A HEALTH CARE PLAN, FEES PAID
BY THE HEALTH CARE PLAN TO REIMBURSE SIMILARLY QUALIFIED PHYSICIANS  FOR
THE  SAME SERVICES IN THE SAME REGION WHO ARE NOT PARTICIPATING WITH THE
HEALTH CARE PLAN;
  (B) THE LEVEL OF TRAINING, EDUCATION AND EXPERIENCE OF THE PHYSICIAN;
  (C) THE PHYSICIAN'S USUAL CHARGE FOR COMPARABLE SERVICES  WITH  REGARD
TO  PATIENTS  IN HEALTH CARE PLANS IN WHICH THE PHYSICIAN IS NOT PARTIC-
IPATING;
  (D) THE CIRCUMSTANCES AND COMPLEXITY OF THE PARTICULAR CASE, INCLUDING
TIME AND PLACE OF THE SERVICE;
  (E) INDIVIDUAL PATIENT CHARACTERISTICS; AND
  (F) THE USUAL AND CUSTOMARY COST OF THE SERVICE.
  S 605.  DISPUTE  RESOLUTION  FOR  EMERGENCY  SERVICES.  (A)  EMERGENCY
SERVICES FOR AN INSURED. (1) WHEN A HEALTH CARE PLAN RECEIVES A BILL FOR
EMERGENCY  SERVICES  FROM A NON-PARTICIPATING PHYSICIAN, THE HEALTH CARE
PLAN SHALL PAY AN AMOUNT THAT IT DETERMINES IS REASONABLE FOR THE  EMER-
GENCY  SERVICES  RENDERED BY THE NON-PARTICIPATING PHYSICIAN, IN ACCORD-
ANCE WITH SECTION THREE THOUSAND TWO HUNDRED TWENTY-FOUR-A OF THE INSUR-
ANCE  LAW,  EXCEPT  FOR  THE  INSURED'S   CO-PAYMENT,   COINSURANCE   OR
DEDUCTIBLE,  IF  ANY,  AND  SHALL ENSURE THAT THE INSURED SHALL INCUR NO
GREATER OUT-OF-POCKET COSTS FOR THE EMERGENCY SERVICES THAN THE  INSURED
WOULD   HAVE   INCURRED  WITH  A  PARTICIPATING  PHYSICIAN  PURSUANT  TO
SUBSECTION (C) OF SECTION THREE THOUSAND TWO HUNDRED  FORTY-ONE  OF  THE
INSURANCE LAW.
  (2)  A  NON-PARTICIPATING PHYSICIAN OR A HEALTH CARE PLAN MAY SUBMIT A
DISPUTE REGARDING A FEE OR PAYMENT FOR EMERGENCY SERVICES FOR REVIEW  TO
AN INDEPENDENT DISPUTE RESOLUTION ENTITY.
  (3)  IN  DETERMINING  A  REASONABLE  FEE FOR THE SERVICES RENDERED, AN
INDEPENDENT DISPUTE RESOLUTION ENTITY SHALL  SELECT  EITHER  THE  HEALTH
CARE  PLAN'S PAYMENT OR THE NON-PARTICIPATING PHYSICIAN'S FEE. THE INDE-
PENDENT DISPUTE RESOLUTION ENTITY SHALL DETERMINE WHICH AMOUNT TO SELECT
BASED UPON THE CONDITIONS AND FACTORS SET FORTH IN SECTION  SIX  HUNDRED
FOUR OF THIS ARTICLE.
  (B)  EMERGENCY  SERVICES  FOR  A PATIENT THAT IS NOT AN INSURED. (1) A
PATIENT THAT IS NOT AN INSURED OR THE PATIENT'S PHYSICIAN MAY  SUBMIT  A
DISPUTE  REGARDING  A  FEE FOR EMERGENCY SERVICES FOR REVIEW TO AN INDE-
PENDENT DISPUTE RESOLUTION ENTITY UPON APPROVAL OF THE SUPERINTENDENT.
  (2) AN INDEPENDENT DISPUTE RESOLUTION ENTITY SHALL DETERMINE A REASON-
ABLE FEE FOR THE SERVICES BASED UPON THE SAME CONDITIONS AND FACTORS SET
FORTH IN SECTION SIX HUNDRED FOUR OF THIS ARTICLE.

S. 6357                            79                            A. 8557

  (3) A PATIENT THAT IS NOT AN INSURED SHALL NOT BE REQUIRED TO PAY  THE
PHYSICIAN'S FEE IN ORDER TO BE ELIGIBLE TO SUBMIT THE DISPUTE FOR REVIEW
TO AN INDEPENDENT DISPUTE RESOLUTION ENTITY.
  (C)  THE  DETERMINATION  OF  AN  INDEPENDENT DISPUTE RESOLUTION ENTITY
SHALL BE BINDING ON THE HEALTH CARE PLAN,  PHYSICIAN  AND  PATIENT,  AND
SHALL  BE  ADMISSIBLE  IN  ANY  COURT PROCEEDING BETWEEN THE HEALTH CARE
PLAN, PHYSICIAN OR PATIENT, OR IN ANY ADMINISTRATIVE PROCEEDING  BETWEEN
THIS STATE AND THE PHYSICIAN.
  S 606. HOLD HARMLESS AND ASSIGNMENT OF BENEFITS FOR SURPRISE BILLS FOR
INSUREDS.  WHEN AN INSURED ASSIGNS BENEFITS FOR A SURPRISE BILL IN WRIT-
ING TO A NON-PARTICIPATING PHYSICIAN THAT KNOWS THE INSURED  IS  INSURED
UNDER A HEALTH CARE PLAN, THE NON-PARTICIPATING PHYSICIAN SHALL NOT BILL
THE  INSURED EXCEPT FOR ANY APPLICABLE COPAYMENT, COINSURANCE OR DEDUCT-
IBLE THAT WOULD BE OWED IF THE INSURED UTILIZED A  PARTICIPATING  PHYSI-
CIAN.
  S  607.  DISPUTE  RESOLUTION  FOR  SURPRISE BILLS.   (A) SURPRISE BILL
RECEIVED BY AN INSURED WHO ASSIGNS BENEFITS.  (1) IF AN INSURED  ASSIGNS
BENEFITS  TO  A  NON-PARTICIPATING PHYSICIAN, THE HEALTH CARE PLAN SHALL
PAY THE NON-PARTICIPATING PHYSICIAN IN ACCORDANCE  WITH  PARAGRAPHS  TWO
AND THREE OF THIS SUBSECTION.
  (2)  THE NON-PARTICIPATING PHYSICIAN MAY BILL THE HEALTH CARE PLAN FOR
THE HEALTH CARE SERVICES RENDERED, AND THE HEALTH CARE  PLAN  SHALL  PAY
THE  NON-PARTICIPATING PHYSICIAN THE BILLED AMOUNT OR ATTEMPT TO NEGOTI-
ATE REIMBURSEMENT WITH THE NON-PARTICIPATING PHYSICIAN.
  (3) IF THE HEALTH CARE PLAN'S ATTEMPTS TO NEGOTIATE REIMBURSEMENT  FOR
HEALTH  CARE SERVICES PROVIDED BY A NON-PARTICIPATING PHYSICIAN DOES NOT
RESULT IN A RESOLUTION OF THE PAYMENT DISPUTE BETWEEN  THE  NON-PARTICI-
PATING  PHYSICIAN  AND  THE HEALTH CARE PLAN, THE HEALTH CARE PLAN SHALL
PAY THE NON-PARTICIPATING PHYSICIAN  AN  AMOUNT  THE  HEALTH  CARE  PLAN
DETERMINES  IS  REASONABLE FOR THE HEALTH CARE SERVICES RENDERED, EXCEPT
FOR THE INSURED'S COPAYMENT, COINSURANCE OR  DEDUCTIBLE,  IN  ACCORDANCE
WITH  SECTION  THREE THOUSAND TWO HUNDRED TWENTY-FOUR-A OF THE INSURANCE
LAW.
  (4) EITHER THE HEALTH CARE PLAN OR THE NON-PARTICIPATING PHYSICIAN MAY
SUBMIT THE DISPUTE REGARDING THE SURPRISE BILL FOR REVIEW  TO  AN  INDE-
PENDENT  DISPUTE  RESOLUTION  ENTITY,  PROVIDED HOWEVER, THE HEALTH CARE
PLAN MAY NOT SUBMIT THE DISPUTE UNLESS IT HAS COMPLIED WITH THE REQUIRE-
MENTS OF PARAGRAPHS ONE, TWO AND THREE OF THIS SUBSECTION.
  (5) WHEN DETERMINING A REASONABLE FEE FOR THE SERVICES  RENDERED,  THE
INDEPENDENT  DISPUTE  RESOLUTION  ENTITY  SHALL SELECT EITHER THE HEALTH
CARE PLAN'S PAYMENT OR THE NON-PARTICIPATING PHYSICIAN'S FEE.  AN  INDE-
PENDENT DISPUTE RESOLUTION ENTITY SHALL DETERMINE WHICH AMOUNT TO SELECT
BASED  UPON  THE CONDITIONS AND FACTORS SET FORTH IN SECTION SIX HUNDRED
FOUR OF THIS ARTICLE.
  (B) SURPRISE BILL RECEIVED BY AN INSURED WHO DOES NOT ASSIGN  BENEFITS
OR  BY  A  PATIENT  WHO IS NOT AN INSURED.   (1) AN INSURED WHO DOES NOT
ASSIGN BENEFITS IN ACCORDANCE WITH SUBSECTION (A) OF THIS SECTION  OR  A
PATIENT  WHO  IS  NOT  AN  INSURED  AND WHO RECEIVES A SURPRISE BILL MAY
SUBMIT A DISPUTE REGARDING THE SURPRISE BILL FOR REVIEW TO AN  INDEPEND-
ENT DISPUTE RESOLUTION ENTITY.
  (2)  THE  INDEPENDENT  DISPUTE  RESOLUTION  ENTITY  SHALL  DETERMINE A
REASONABLE FEE FOR THE SERVICES RENDERED BASED UPON THE  CONDITIONS  AND
FACTORS SET FORTH IN SECTION SIX HUNDRED FOUR OF THIS ARTICLE.
  (3)  A  PATIENT  OR INSURED WHO DOES NOT ASSIGN BENEFITS IN ACCORDANCE
WITH SUBSECTION (A) OF THIS SECTION SHALL NOT BE  REQUIRED  TO  PAY  THE

S. 6357                            80                            A. 8557

PHYSICIAN'S  FEE  TO BE ELIGIBLE TO SUBMIT THE DISPUTE FOR REVIEW TO THE
INDEPENDENT DISPUTE ENTITY.
  (C)  THE  DETERMINATION  OF  AN  INDEPENDENT DISPUTE RESOLUTION ENTITY
SHALL BE BINDING ON THE PATIENT, PHYSICIAN AND  HEALTH  CARE  PLAN,  AND
SHALL  BE  ADMISSIBLE  IN  ANY  COURT  PROCEEDING BETWEEN THE PATIENT OR
INSURED, PHYSICIAN  OR  HEALTH  CARE  PLAN,  OR  IN  ANY  ADMINISTRATIVE
PROCEEDING BETWEEN THIS STATE AND THE PHYSICIAN.
  S  608.  PAYMENT  FOR  INDEPENDENT  DISPUTE RESOLUTION ENTITY. (A) FOR
DISPUTES INVOLVING AN INSURED, WHEN THE INDEPENDENT  DISPUTE  RESOLUTION
ENTITY  DETERMINES THE HEALTH CARE PLAN'S PAYMENT IS REASONABLE, PAYMENT
FOR THE DISPUTE RESOLUTION PROCESS SHALL BE THE  RESPONSIBILITY  OF  THE
NON-PARTICIPATING  PHYSICIAN.  WHEN  THE  INDEPENDENT DISPUTE RESOLUTION
ENTITY DETERMINES THE NON-PARTICIPATING PHYSICIAN'S FEE  IS  REASONABLE,
PAYMENT  FOR  THE DISPUTE RESOLUTION PROCESS SHALL BE THE RESPONSIBILITY
OF THE HEALTH CARE PLAN.
  (B) FOR DISPUTES INVOLVING A PATIENT THAT IS NOT AN INSURED, WHEN  THE
INDEPENDENT  DISPUTE RESOLUTION ENTITY DETERMINES THE PHYSICIAN'S FEE IS
REASONABLE, PAYMENT FOR THE DISPUTE  RESOLUTION  PROCESS  SHALL  BE  THE
RESPONSIBILITY  OF THE PATIENT UNLESS PAYMENT FOR THE DISPUTE RESOLUTION
PROCESS WOULD POSE A HARDSHIP TO THE PATIENT. THE  SUPERINTENDENT  SHALL
PROMULGATE  A REGULATION TO DETERMINE PAYMENT FOR THE DISPUTE RESOLUTION
PROCESS IN CASES OF HARDSHIP. WHEN THE  INDEPENDENT  DISPUTE  RESOLUTION
ENTITY  DETERMINES  THE PHYSICIAN'S FEE IS UNREASONABLE, PAYMENT FOR THE
DISPUTE RESOLUTION PROCESS SHALL BE THE RESPONSIBILITY OF THE PHYSICIAN.
  S 27. This act shall take effect one year after it shall have become a
law, provided, however, that:
  1. if the amendments by chapter 514  of  the  laws  of  2013  made  to
subsection (b) of section 4903 of the insurance law and subdivision 2 of
section 4903 of the public health law, as amended by sections twelve and
twenty-two  of this act, respectively, take effect after such date, then
sections twelve and twenty-two of this act shall take effect on the same
date as chapter 514 of the laws of 2013 takes effect;
  2. for policies renewed on and after such date  this  act  shall  take
effect on the renewal date;
  3.  sections  twelve, sixteen, seventeen, twenty-two and twenty-six of
this act shall apply to health care services provided on and after  such
date;
  4.  sections  eleven, thirteen, fourteen, fifteen, twenty-one, twenty-
three, twenty-four and twenty-five of this act shall  apply  to  denials
issued on and after such date; and
  5. effective immediately, the superintendent of financial services may
promulgate  any  regulations  necessary  for  the  implementation of the
provisions of this act on its effective date, and  may  certify  one  or
more independent dispute resolution entities.

                                 PART V

  Section 1.  The opening paragraph of subsection (k) of section 2101 of
the  insurance  law,  as  added  by  chapter 687 of the laws of 2003, is
amended to read as follows:
  In this article, "insurance producer" means an insurance agent,  TITLE
INSURANCE  AGENT,  TITLE INSURANCE SOLICITOR, insurance broker, reinsur-
ance intermediary, excess lines broker, or any other person required  to
be  licensed  under the laws of this state to sell, solicit or negotiate
insurance. Such term shall not include:

S. 6357                            81                            A. 8557

  S 2. Paragraph 4 of subsection (k) of section 2101  of  the  insurance
law  is REPEALED and paragraphs 5, 6, 7, 8, 9, 10, 11, and 12 are renum-
bered paragraphs 4, 5, 6, 7, 8, 9, 10, and 11.
  S  3.  Section  2101  of  the insurance law is amended by adding 3 new
subsections (y), (z), and (aa) to read as follows:
  (Y) (1) IN THIS CHAPTER, "TITLE INSURANCE AGENT" MEANS ANY  AUTHORIZED
OR ACKNOWLEDGED AGENT OF A TITLE INSURANCE CORPORATION, AND ANY SUBAGENT
OR  OTHER  REPRESENTATIVE OF SUCH AN AGENT, WHO OR WHICH FOR COMMISSION,
COMPENSATION, OR ANY OTHER THING OF VALUE, PERFORMS THE  FOLLOWING  ACTS
IN CONJUNCTION WITH THE ISSUANCE OF A TITLE INSURANCE POLICY:
  (A)  DETERMINES  INSURABILITY  OR  PREPARES  OR ISSUES TITLE INSURANCE
COMMITMENTS OR POLICIES, OR BOTH, BASED UPON THE PERFORMANCE  OR  REVIEW
OF A SEARCH; AND
  (B) PERFORMS ONE OR MORE OF THE FOLLOWING FUNCTIONS:
  (I) COLLECTS, REMITS OR DISBURSES PREMIUM OR OTHER FUNDS;
  (II) HANDLES ESCROWS;
  (III) SELLS, SOLICITS OR NEGOTIATES TITLE INSURANCE BUSINESS; OR
  (IV)  CLOSES  TITLE,  INCLUDING  THE CLEARANCE OF TITLE EXCEPTIONS, IN
CONNECTION WITH THE ISSUANCE OF A TITLE INSURANCE POLICY;
  (2) SUCH TERM SHALL  NOT  INCLUDE  ANY  REGULAR  SALARIED  OFFICER  OR
EMPLOYEE  OF  AN AUTHORIZED TITLE INSURANCE CORPORATION OR OF A LICENSED
TITLE INSURANCE AGENT, WHO  DOES  NOT  RECEIVE  A  COMMISSION  OR  OTHER
COMPENSATION  FOR  SERVICES,  WHICH  COMMISSION OR OTHER COMPENSATION IS
DIRECTLY DEPENDENT UPON THE AMOUNT OF TITLE INSURANCE BUSINESS DONE.
  (Z) IN THIS CHAPTER, "TITLE INSURANCE CLOSER" MEANS ANY PERSON WHO FOR
COMPENSATION OR ANYTHING OF VALUE, REPRESENTS A TITLE  INSURANCE  CORPO-
RATION  OR  TITLE  INSURANCE  AGENT AT THE CLOSING OF TITLE, EXCEPT THAT
SUCH TERM SHALL NOT INCLUDE:
  (1) A LICENSED TITLE INSURANCE AGENT; OR
  (2) ANY REGULAR SALARIED OFFICER OR EMPLOYEE OF  AN  AUTHORIZED  TITLE
INSURANCE  CORPORATION  OR  TITLE INSURANCE AGENT WHO DOES NOT RECEIVE A
COMMISSION OR OTHER COMPENSATION THAT IS  DIRECTLY  DEPENDENT  UPON  THE
AMOUNT OF TITLE INSURANCE BUSINESS DONE.
  (AA)  IN  THIS  CHAPTER, "TITLE INSURANCE SOLICITOR" MEANS ANY PERSON,
FIRM, ASSOCIATION OR CORPORATION, WHO  OR  WHICH,  FOR  COMPENSATION  OR
ANYTHING  OF VALUE, SOLICITS TITLE INSURANCE ON BEHALF OF A TITLE INSUR-
ANCE CORPORATION OR A TITLE INSURANCE AGENT, EXCEPT THAT SUCH TERM SHALL
NOT INCLUDE:
  (1) A LICENSED TITLE INSURANCE AGENT; OR
  (2) ANY REGULAR SALARIED OFFICER OR EMPLOYEE OF  AN  AUTHORIZED  TITLE
INSURANCE  CORPORATION  OR  TITLE INSURANCE AGENT WHO DOES NOT RECEIVE A
COMMISSION OR OTHER COMPENSATION THAT IS  DIRECTLY  DEPENDENT  UPON  THE
AMOUNT OF TITLE INSURANCE BUSINESS DONE.
  S 4. Subparagraph (A) of paragraph 1 of subsection (a) of section 2102
of the insurance law, as amended by section 8 of part I of chapter 61 of
the laws of 2011, is amended to read as follows:
  (A) No person, firm, association or corporation shall act as an insur-
ance  producer, insurance adjuster [or], life settlement broker OR TITLE
INSURANCE CLOSER in this state without having  authority  to  do  so  by
virtue  of  a  license issued and in force pursuant to the provisions of
this chapter.
  S 5. Subsection (a) of section 2109 of the insurance law, paragraph  3
as  amended  by  chapter  687 of the laws of 2003, is amended to read as
follows:
  (a)  The  superintendent  may  issue  a  temporary  insurance  agent's
LICENSE,  TITLE INSURANCE AGENT'S LICENSE or insurance broker's license,

S. 6357                            82                            A. 8557

or both AN INSURANCE AGENT'S AND  INSURANCE  BROKER'S  LICENSE,  without
requiring  the applicant to pass a written examination or to satisfy the
requirements of subsection (c) of section two thousand one hundred  four
of this article except as to age, in the case of a license issued pursu-
ant  to  paragraph  two  [hereof]  OF  THIS SUBSECTION, in the following
cases:
  (1) in the case of the death of a person who at the time of his  death
was  a licensed accident and health insurance agent under subsection (a)
of section two thousand one hundred three of this  article,  a  licensed
insurance  agent  OR LICENSED TITLE INSURANCE AGENT under subsection (b)
of such section or a licensed insurance broker:
  (A) to the executor or administrator of the estate  of  such  deceased
agent or broker;
  (B) to a surviving next of kin of such deceased agent or broker, where
no  administrator  of  his estate has been appointed and no executor has
qualified under his duly probated will;
  (C) to the surviving member or members of a firm or association, which
at the time of the death of a  member  was  such  a  licensed  insurance
agent, LICENSED TITLE INSURANCE AGENT or licensed insurance broker; or
  (D)  to  an officer or director of a corporation upon the death of the
only officer or director who was qualified as a sub-licensee or  to  the
executor  or  administrator  of  the  estate of such deceased officer or
director;
  (2) to any person who may be designated by a person licensed  pursuant
to  this  chapter  as  an  insurance  agent, TITLE INSURANCE AGENT or an
insurance broker, or both AN INSURANCE AGENT AND INSURANCE  BROKER,  and
who  is  absent  because of service in any branch of the armed forces of
the United States, including a partnership or corporation  [which]  THAT
is licensed pursuant to this chapter as an insurance agent, TITLE INSUR-
ANCE  AGENT  or  as  an insurance broker, or both AN INSURANCE AGENT AND
INSURANCE BROKER, in a case where the sub-licensee or all sub-licensees,
if more than one, named in the license or licenses issued to such  part-
nership or corporation is or are absent because of service in any branch
of the armed forces of the United States; and
  (3) to the next of kin of a person who has become totally disabled and
prevented  from pursuing any of the duties of his or her occupation, and
who at the commencement of his or her disability was a licensed accident
and health insurance agent under subsection (a) of section two  thousand
one  hundred  three  of  this  article, a licensed insurance agent under
subsection (b) of such section, A LICENSED TITLE INSURANCE  AGENT  or  a
licensed insurance broker.
  S 6. Subsection (c) of section 2109 of the insurance law is amended to
read as follows:
  (c)  Such  license  or  licenses shall authorize the person or persons
named therein to renew the business of the deceased, absent or  disabled
INSURANCE  agent, TITLE INSURANCE AGENT, or INSURANCE broker, or both AN
INSURANCE AGENT AND INSURANCE BROKER, as the case may be, or of the firm
or, in the case of a license issued pursuant to paragraph one  or  three
of  subsection (a) [hereof] OF THIS SECTION, the association whose busi-
ness is being continued thereunder, each such agent[,] OR broker[,  firm
or  association]  being  referred to in this section as "original licen-
see", expiring during the period in  which  such  temporary  license  or
licenses  are  in  force,  to  collect  premiums  due and payable to the
original licensee or, in the case of a license issued pursuant to  para-
graph  one  of  subsection  (a)  [hereof] OF THIS SECTION, to his OR HER
estate, and to perform such other acts as an insurance  agent,  A  TITLE

S. 6357                            83                            A. 8557

INSURANCE  AGENT or [as] an insurance broker, or both AN INSURANCE AGENT
OR INSURANCE BROKER, as the case  may  be,  as  are  incidental  to  the
continuance of the insurance business of such original licensee.
  S  7.  Section  2109  of  the insurance law is amended by adding a new
subsection (h) to read as follows:
  (H) (1) IN THE CASE OF A PERSON SEEKING A TEMPORARY LICENSE TO ACT  AS
A  TITLE INSURANCE AGENT PURSUANT TO SUBSECTION (A) OF THIS SECTION, THE
SUPERINTENDENT MAY ISSUE A LICENSE FOR A TERM NOT TO EXCEED ONE  HUNDRED
EIGHTY DAYS TO SUCH PERSON PROVIDED THE PERSON:
  (A)  DEMONSTRATES  TO  THE  SATISFACTION  OF THE SUPERINTENDENT THAT A
TITLE INSURANCE CORPORATION IS WILLING TO APPOINT HIM OR HER;
  (B) SUBMITS TO THE NEXT AVAILABLE TITLE INSURANCE  AGENT  EXAMINATION;
AND
  (C)  DEMONSTRATES TO THE SATISFACTION OF THE SUPERINTENDENT THAT HE OR
SHE IS QUALIFIED, COMPETENT, EXPERIENCED AND TRUSTWORTHY  TO  ACT  AS  A
TITLE INSURANCE AGENT.
  (2)  ANY PERSON ISSUED A LICENSE PURSUANT TO THIS SUBSECTION SHALL, BY
VIRTUE OF SUCH LICENSE, BE AUTHORIZED TO SOLICIT, NEGOTIATE OR SELL  NEW
POLICIES OF TITLE INSURANCE.
  S  8.  The section heading and subsections (a) and (b) of section 2110
of the insurance law, as amended by chapter 499 of  the  laws  of  2009,
paragraph  15  of  subsection  (a)  as added and paragraphs 16 and 17 of
subsection (a) as renumbered by chapter 546 of the  laws  of  2013,  are
amended to read as follows:
  Revocation  or  suspension of license of insurance producer, insurance
consultant, adjuster, TITLE INSURANCE CLOSER, or life settlement broker.
(a) The superintendent may refuse to renew, revoke, or may suspend for a
period the  superintendent  determines  the  license  of  any  insurance
producer, insurance consultant, adjuster, TITLE INSURANCE CLOSER or life
settlement  broker,  if,  after  notice  and hearing, the superintendent
determines that the licensee or any sub-licensee has:
  (1) violated any insurance laws, or violated any regulation,  subpoena
or  order  of the superintendent or of another state's insurance commis-
sioner, or has violated any law in the course of his or her dealings  in
such capacity;
  (2)  provided  materially incorrect, materially misleading, materially
incomplete or materially untrue information in the license application;
  (3) obtained or attempted to obtain  a  license  through  misrepresen-
tation or fraud;
  (4) (A) used fraudulent, coercive or dishonest practices;
  (B) demonstrated incompetence;
  (C) demonstrated untrustworthiness; or
  (D) demonstrated financial irresponsibility in the conduct of business
in this state or elsewhere;
  (5)  improperly  withheld,  misappropriated or converted any monies or
properties received in the course of business in  this  state  or  else-
where;
  (6)  intentionally  misrepresented  the terms of an actual or proposed
insurance contract, life settlement contract or application  for  insur-
ance;
  (7) has been convicted of a felony;
  (8)  admitted  or  been  found  to have committed any insurance unfair
trade practice or fraud;
  (9) had an insurance producer license, INSURANCE  CONSULTANT  LICENSE,
ADJUSTER  LICENSE,  A  TITLE INSURANCE CLOSER LICENSE, a life settlement

S. 6357                            84                            A. 8557

broker license, or its equivalent, denied, suspended or revoked  in  any
other state, province, district or territory;
  (10)  forged  another's  name  to an application for insurance or life
settlement contract or to any document related to an insurance  or  life
settlement transaction;
  (11) improperly used notes or any other reference material to complete
an  examination  for  an  insurance  license  or  life settlement broker
license;
  (12) knowingly accepted insurance business from an individual  who  is
not licensed;
  (13) failed to comply with an administrative or court order imposing a
child support obligation;
  (14)  failed to pay state income tax or comply with any administrative
or court order directing payment of state income tax;
  (15) while acting as a public adjuster, the licensee has failed to act
on behalf and in the best interests of the insured when negotiating  for
or  effecting  the  settlement of an insurance claim for such insured or
otherwise acting as a public adjuster, or has failed to make the disclo-
sures required by paragraph two of subsection (s) of section  two  thou-
sand one hundred eight of this article;
  (16)  while  acting as a life settlement broker, failed to protect the
privacy of the insured or owner  or  other  person  for  whom  the  life
settlement broker was required to provide protection pursuant to article
seventy-eight of this chapter; or
  (17) ceased to meet the requirements for licensure under this chapter.
  (b) Before revoking or suspending the license of any insurance produc-
er,  TITLE  INSURANCE  CLOSER,  life settlement broker or other licensee
pursuant to the provisions of this article,  the  superintendent  shall,
except  when proceeding pursuant to subsection (f) of this section, give
notice to the licensee and to every  sub-licensee  and  shall  hold,  or
cause  to  be held, a hearing not less than ten days after the giving of
such notice.
  S 9. Subsections (a), (b), (c), and (d) of sections 2112 of the insur-
ance law, subsection (a) as amended by chapter 540 of the laws of  1996,
subsections  (b)  and  (d) as amended by chapter 687 of the laws of 2003
and subsection (c) as amended by chapter 647 of the laws  of  1992,  are
amended to read as follows:
  (a)  Every  insurer,  fraternal  benefit society or health maintenance
organization doing business in this state shall file  a  certificate  of
appointment in such form as the superintendent may prescribe in order to
appoint  insurance  agents,  TITLE  INSURANCE AGENTS, OR TITLE INSURANCE
SOLICITORS to represent  such  insurer,  fraternal  benefit  society  or
health  maintenance  organization;  EXCEPT  THAT A TITLE INSURANCE AGENT
SHALL FILE A CERTIFICATE OF APPOINTMENT IN SUCH FORM AS THE  SUPERINTEN-
DENT  MAY  PRESCRIBE  IN ORDER TO APPOINT A TITLE INSURANCE SOLICITOR TO
ACT ON BEHALF OF SUCH TITLE INSURANCE AGENT.
  (b) To appoint a producer, the appointing insurer, OR IN THE CASE OF A
TITLE INSURANCE SOLICITOR,  THE  APPOINTING  TITLE  INSURANCE  AGENT  OR
INSURER,  shall  file,  in  a  format  approved by the superintendent, a
notice of appointment within fifteen  days  from  the  date  the  agency
contract is executed or the first insurance application is submitted.
  (c)  Certificates of appointment shall be valid until [(i)] (1) termi-
nated by the appointing insurer OR TITLE INSURANCE AGENT after a  termi-
nation  in accordance with the provisions of the agency contract; [(ii)]
(2) the license is  suspended  or  revoked  by  the  superintendent;  or
[(iii)] (3) the license expires and is not renewed.

S. 6357                            85                            A. 8557

  (d)  Every  insurer,  fraternal  benefit society or health maintenance
organization or insurance producer or the authorized  representative  of
the  insurer, fraternal benefit society, health maintenance organization
or insurance producer doing business in this state  shall,  upon  termi-
nation  of the certificate of appointment as set forth in subsection (a)
of this section of any insurance agent, TITLE INSURANCE AGENT  OR  TITLE
INSURANCE  SOLICITOR  licensed  in  this  state, or upon termination for
cause for activities as set forth in subsection (a) of section two thou-
sand one hundred ten of this article, of the certificate of appointment,
of employment, of a contract or other  insurance  business  relationship
with  any insurance producer, file with the superintendent within thirty
days a statement, in such form as the superintendent may  prescribe,  of
the facts relative to such termination for cause. The insurer, fraternal
benefit  society, health maintenance organization, insurance producer or
the authorized representative of the insurer, fraternal benefit society,
health maintenance organization or  insurance  producer  shall  provide,
within  fifteen days after notification has been sent to the superinten-
dent, a copy of the statement  filed  with  the  superintendent  to  the
insurance producer at his, or her or its last known address by certified
mail, return receipt requested, postage prepaid or by overnight delivery
using a nationally recognized carrier.  Every statement made pursuant to
this subsection shall be deemed a privileged communication.
  S  10.  The  insurance  law is amended by adding a new section 2113 to
read as follows:
  S 2113. TITLE INSURANCE AGENT, TITLE INSURANCE  SOLICITOR,  AND  TITLE
INSURANCE  CLOSER;  COMMISSIONS.  (A)  NO INSURER DOING BUSINESS IN THIS
STATE, AND NO AGENT OR  OTHER  REPRESENTATIVE  THEREOF,  SHALL  PAY  ANY
COMMISSION  OR  OTHER  COMPENSATION  TO ANY PERSON, FIRM, ASSOCIATION OR
CORPORATION FOR ACTING AS A TITLE INSURANCE AGENT IN THIS STATE,  EXCEPT
TO A LICENSED TITLE INSURANCE AGENT.
  (B)  NO  INSURER  DOING  BUSINESS IN THIS STATE, AND NO AGENT OR OTHER
REPRESENTATIVE THEREOF, SHALL PAY ANY COMPENSATION TO ANY PERSON,  FIRM,
ASSOCIATION  OR  CORPORATION  FOR  ACTING AS A TITLE INSURANCE CLOSER IN
THIS STATE, EXCEPT TO A LICENSED TITLE INSURANCE CLOSER.
  (C) NO INSURER DOING BUSINESS IN THIS STATE, AND  NO  AGENT  OR  OTHER
REPRESENTATIVE  THEREOF, SHALL PAY ANY COMPENSATION TO ANY PERSON, FIRM,
ASSOCIATION OR CORPORATION FOR ACTING AS A TITLE INSURANCE SOLICITOR  IN
THIS STATE, EXCEPT TO A LICENSED TITLE INSURANCE SOLICITOR.
  (D)  AT  THE  TIME  OF  THE APPLICATION, A TITLE INSURANCE AGENT SHALL
PROVIDE TO EVERY APPLICANT FOR INSURANCE, A WRITTEN GOOD FAITH  ESTIMATE
OF THE PREMIUM ON THE POLICY OR POLICIES TO BE ISSUED AND A BREAKDOWN OF
THE  AMOUNT OF ALL FEES AND SERVICE COSTS, INCLUDING ALL FILING FEES AND
CLOSING COSTS, AND ANY OTHER ANCILLARY OR DISCRETIONARY  CHARGES  TO  BE
INCURRED,  AND  THE AMOUNT OF ANY COMMISSION OR OTHER COMPENSATION TO BE
PAID TO SUCH AGENT BY THE  TITLE  INSURANCE  CORPORATION.  IF  NO  TITLE
INSURANCE AGENT IS UTILIZED, THE TITLE INSURER SHALL PROVIDE THE DISCLO-
SURES.
  (E)  FOR  PURPOSES  OF THIS CHAPTER, A TITLE INSURANCE CLOSER SHALL BE
DEEMED TO BE THE APPOINTED REPRESENTATIVE OF THE TITLE INSURANCE  CORPO-
RATION  OR  TITLE  INSURANCE AGENT THAT HAS ENGAGED SUCH TITLE INSURANCE
CLOSER FOR THE CLOSING.
  (F) NOTHING IN THIS CHAPTER SHALL BE DEEMED TO OR BE  CONSTRUED  IN  A
MANNER  TO AUTHORIZE OR PERMIT ANY ACTIVITY OR PRACTICE, WITH RESPECT TO
THE BUSINESS OF TITLE INSURANCE, THAT  IS  PROHIBITED  BY  SECTION  FOUR
HUNDRED EIGHTY-FOUR OR FOUR HUNDRED NINETY-FIVE OF THE JUDICIARY LAW, OR
OTHERWISE PROHIBITED BY LAW, INCLUDING THE UNAUTHORIZED PRACTICE OF LAW.

S. 6357                            86                            A. 8557

  (G)  NO  PERSON OR ENTITY WHO ACTS AS AN AGENT, REPRESENTATIVE, ATTOR-
NEY, OR EMPLOYEE OF THE OWNER,  LESSEE,  OR  MORTGAGEE,  OR  PROSPECTIVE
OWNER, LESSEE, OR MORTGAGEE OF THE REAL PROPERTY OR ANY INTEREST THEREIN
AND  WHO  ALSO  IS  A MEMBER, EMPLOYEE, OR DIRECTOR OF A TITLE INSURANCE
AGENT,  OWNS ANY INTEREST IN A TITLE INSURANCE AGENT, OR IS A SUBSIDIARY
OR AFFILIATE OF ANY TITLE INSURANCE AGENT, SHALL REFER AN APPLICANT  FOR
INSURANCE  TO SUCH AGENT, AND NO SUCH TITLE INSURANCE AGENT SHALL ACCEPT
ANY SUCH REFERRAL OF TITLE INSURANCE BUSINESS, UNLESS  THE  REFERRAL  IS
MADE  IN  ACCORDANCE WITH SECTION SIX THOUSAND FOUR HUNDRED NINE OF THIS
CHAPTER AND SUCH PERSON OR ENTITY, AT THE TIME  OF  MAKING  A  REFERRAL,
PROVIDES,  AT  A MINIMUM, THE FOLLOWING WRITTEN DISCLOSURE TO THE APPLI-
CANT:
  (1) THE NATURE OF THE RELATIONSHIP BETWEEN THE PERSON  OR  ENTITY  AND
THE TITLE INSURANCE AGENT;
  (2)  THAT THE PARTY BEING REFERRED IS NOT REQUIRED TO USE THE SERVICES
OF THE TITLE INSURANCE AGENT OR THE TITLE INSURANCE CORPORATION TO WHICH
THE PARTY IS BEING REFERRED;
  (3) THAT ANY MONEY OR OTHER THING OF VALUE DIRECTLY OR INDIRECTLY PAID
BY THE TITLE INSURANCE AGENT  OR  TITLE  INSURANCE  CORPORATION  TO  THE
PERSON  OR  ENTITY IS BASED ON THE PERSON OR ENTITY'S FINANCIAL INTEREST
IN THE TITLE INSURANCE AGENT, AND IS NOT RELATED TO THE AMOUNT OF  TITLE
INSURANCE  BUSINESS  THE  PERSON OR ENTITY REFERS TO THE TITLE INSURANCE
AGENT;
  (4) THAT THE PERSON OR ENTITY IS NOT REQUIRED  TO  REFER  A  SPECIFIED
AMOUNT OF TITLE INSURANCE BUSINESS TO THE TITLE INSURANCE AGENCY; AND
  (5)  THE  AMOUNT  OR VALUE OF ANY COMPENSATION OR OTHER THING OF VALUE
THAT THE PERSON OR ENTITY EXPECTS TO  RECEIVE  IN  CONNECTION  WITH  THE
SERVICES TO BE PROVIDED BY THE TITLE INSURANCE AGENT OR THE TITLE INSUR-
ANCE CORPORATION TO WHICH THE PARTY IS BEING REFERRED.
  S  11.  The  section  heading of section 2119 of the insurance law, as
amended by chapter 499 of the  laws  of  2009,  is  amended  and  a  new
subsection (f) is added to read as follows:
  Insurance agents, brokers, consultants, [and] life settlement brokers,
TITLE INSURANCE AGENTS AND TITLE INSURANCE CLOSERS; written contract for
compensation; excess charges prohibited.
  (F) NO TITLE INSURANCE AGENT OR TITLE INSURANCE CLOSER MAY RECEIVE ANY
COMPENSATION  OR  FEE, DIRECT OR INDIRECT, FOR OR ON ACCOUNT OF SERVICES
PERFORMED IN CONNECTION WITH THE ISSUANCE OF A TITLE  INSURANCE  POLICY,
UNLESS  SUCH COMPENSATION IS: (1) FOR ANCILLARY SERVICES NOT ENCOMPASSED
IN THE RATE OF PREMIUM APPROVED BY THE  SUPERINTENDENT;  AND  (2)  BASED
UPON  A WRITTEN MEMORANDUM SIGNED BY THE PARTY TO BE CHARGED, AND SPECI-
FYING OR CLEARLY DEFINING THE AMOUNT OR EXTENT OF SUCH  COMPENSATION.  A
COPY  OF EVERY SUCH MEMORANDUM SHALL BE RETAINED BY THE LICENSEE FOR NOT
LESS THAN THREE YEARS AFTER SUCH SERVICES HAVE BEEN FULLY PERFORMED.
  S 12. The section heading and subsections (a) and (c) of section  2120
of the insurance law are amended to read as follows:
  Fiduciary  capacity of insurance agents, TITLE INSURANCE AGENTS, TITLE
INSURANCE CLOSERS, insurance brokers and reinsurance intermediaries. (a)
Every insurance agent, TITLE INSURANCE AGENT,  TITLE  INSURANCE  CLOSER,
and  [every]  insurance  broker  acting  as  such in this state shall be
responsible in a fiduciary capacity for all funds received or  collected
as  insurance  agent  or  insurance  broker,  and shall not, without the
express consent of his, HER or its principal, mingle any such funds with
his, HER or its own funds or with funds held by him, HER or  it  in  any
other capacity.

S. 6357                            87                            A. 8557

  (c)  This  section  shall  not require any such INSURANCE agent, TITLE
INSURANCE AGENT, TITLE INSURANCE CLOSER, INSURANCE broker or reinsurance
intermediary to maintain a separate bank deposit for the funds  of  each
such  principal, if and as long as the funds so held for each such prin-
cipal are reasonably ascertainable from the books of account and records
of such agent, broker or reinsurance intermediary, as the case may be.
  S  13.  The  section heading and subsection (a) of section 2122 of the
insurance law are amended to read as follows:
  Advertising by insurance [agents and brokers] PRODUCERS.  (a)  (1)  No
insurance  [agent  or  insurance broker] PRODUCER shall make or issue in
this state any advertisement, sign, pamphlet, circular,  card  or  other
public  announcement purporting to make known the financial condition of
any insurer, unless the  same  shall  conform  to  the  requirements  of
section one thousand three hundred thirteen of this chapter.
  (2)  No  insurance [agent, insurance broker] PRODUCER or other person,
shall, by any advertisement or public announcement in this  state,  call
attention to any unauthorized insurer or insurers.
  S  14.  Subsections  (a) and (b) of section 2128 of the insurance law,
subsection (b) as further amended by section 104 of part A of chapter 62
of the laws of 2011, are amended to read as follows:
  (a) Notwithstanding the provisions  of  sections  two  thousand  three
hundred  twenty-four  and  four thousand two hundred twenty-four of this
chapter, no [insurance agent, insurance  broker,  insurance  consultant,
excess  line  broker,  reinsurance  intermediary  or insurance adjuster]
LICENSEE SUBJECT TO THIS ARTICLE shall receive any commissions  or  fees
or  shares  thereof in connection with insurance coverages placed for or
insurance services rendered to the state, its agencies and  departments,
public  benefit  corporations,  municipalities  and  other  governmental
subdivisions in this state,  unless  such  [insurance  agent,  insurance
broker,  insurance  consultant, excess line broker, reinsurance interme-
diary or insurance adjuster] LICENSEE actually placed  insurance  cover-
ages on behalf of or rendered insurance services to the state, its agen-
cies  and  departments,  public benefit corporations, municipalities and
other governmental subdivisions in this state.
  (b)  The  superintendent  shall,  by  regulation,  require  [insurance
agents,  insurance  brokers, insurance consultants, excess line brokers,
reinsurance intermediaries and insurance adjusters] LICENSEES SUBJECT TO
THIS ARTICLE to file disclosure statements with the department of finan-
cial services and the most senior  official  of  the  governmental  unit
involved,  with  respect to any insurance coverages placed for or insur-
ance services rendered to  the  state,  its  agencies  and  departments,
public  benefit  corporations,  municipalities  and  other  governmental
subdivisions in this state, EXCEPT THAT NEITHER A TITLE INSURANCE CORPO-
RATION NOR A TITLE INSURANCE AGENT SHALL BE REQUIRED TO FILE  A  DISCLO-
SURE  STATEMENT  IF  AN INDUSTRIAL DEVELOPMENT AGENCY, STATE OF NEW YORK
MORTGAGE AGENCY OR ITS SUCCESSOR, OR ANY SIMILAR TYPE OF ENTITY, IS  THE
NAMED  INSURED  UNDER  THE POLICY AND IS A MORTGAGEE WITH RESPECT TO THE
PROPERTY INSURED.
  S 15. Subsections (a) and (b) of section 2132 of the insurance law, as
amended by chapter 499 of the laws of  2009,  are  amended  to  read  as
follows:
  (a)  This  section  shall  apply  to resident and non-resident persons
licensed pursuant to this article with respect to:
  (1) life insurance, annuity contracts, variable annuity contracts  and
variable life insurance;
  (2) sickness, accident and health insurance;

S. 6357                            88                            A. 8557

  (3) all lines of property and casualty insurance; [and]
  (4) life settlements[.]; AND
  (5) TITLE INSURANCE.
  (b) This section shall not apply to:
  (1)  those  persons  holding  licenses for which an examination is not
required by the laws of this state;
  (2) any limited licensees or any other licensees as the superintendent
may exempt subject  to  any  continuing  education  requirements  deemed
appropriate by the superintendent; [or]
  (3)  for  purposes  of  the continuing education requirements for life
settlements, an insurance producer with a life line of authority who  is
acting  as a life settlement broker pursuant to section two thousand one
hundred thirty-seven of this article; OR
  (4) FOR PURPOSES OF A  TITLE  INSURANCE  AGENT  LICENSE,  AN  ATTORNEY
LICENSED TO PRACTICE LAW IN THIS STATE.
  S  16.  The  insurance  law is amended by adding a new section 2139 to
read as follows:
  S 2139. FINGERPRINTING.  (A) (1) EXCEPT AS PROVIDED IN SUBSECTION  (B)
OF  THIS SECTION, THE SUPERINTENDENT MAY REQUIRE ANY INDIVIDUAL NAMED IN
AN APPLICATION FOR A LICENSE UNDER  SECTION  TWO  THOUSAND  ONE  HUNDRED
FORTY,  TWO  THOUSAND ONE HUNDRED FORTY-ONE, OR TWO THOUSAND ONE HUNDRED
FORTY-TWO OF THIS ARTICLE TO SUBMIT A SET OF FINGERPRINTS. SUCH  FINGER-
PRINTS  SHALL  BE SUBMITTED TO THE DIVISION OF CRIMINAL JUSTICE SERVICES
FOR A STATE CRIMINAL HISTORY RECORD CHECK, AND MAY BE SUBMITTED  TO  THE
FEDERAL  BUREAU  OF INVESTIGATION FOR A NATIONAL CRIMINAL HISTORY RECORD
CHECK. ALL SUCH CRIMINAL HISTORY RECORDS MADE AVAILABLE  TO  THE  SUPER-
INTENDENT PURSUANT TO THIS SECTION SHALL BE CONFIDENTIAL PURSUANT TO THE
APPLICABLE  FEDERAL AND STATE LAWS, RULES AND REGULATIONS, AND SHALL NOT
BE PUBLISHED OR IN ANY WAY DISCLOSED TO PERSONS OTHER  THAN  THE  SUPER-
INTENDENT, UNLESS OTHERWISE AUTHORIZED BY LAW.
  (2)  THE SUPERINTENDENT SHALL INFORM SUCH APPLICANT THAT HE OR SHE MAY
OBTAIN A COPY OF HIS OR HER CRIMINAL HISTORY RECORD  MAINTAINED  BY  THE
DIVISION  OF  CRIMINAL  JUSTICE  SERVICES, IF ANY, AND MAY CHALLENGE THE
COMPLETENESS OR ACCURACY OF THE INFORMATION CONTAINED  IN  SUCH  RECORD,
PURSUANT  TO  REGULATIONS  AND PROCEDURES ESTABLISHED BY THE DIVISION OF
CRIMINAL JUSTICE SERVICES.
  (3) ALL DETERMINATIONS TO GRANT OR DENY CLEARANCE FOR LICENSURE PURSU-
ANT TO THIS SECTION SHALL BE IN ACCORDANCE WITH SUBDIVISION  SIXTEEN  OF
SECTION  TWO HUNDRED NINETY-SIX OF THE EXECUTIVE LAW AND ARTICLE TWENTY-
THREE-A OF THE CORRECTION LAW. WHEN THE SUPERINTENDENT DENIES AN  APPLI-
CATION,  WRITTEN  NOTICE  OF  SUCH  DETERMINATION  SHALL BE GIVEN TO THE
PROSPECTIVE APPLICANT WHO SHALL BE AFFORDED NOTICE AND THE RIGHT  TO  BE
HEARD AND OFFER PROOF IN OPPOSITION TO SUCH DETERMINATION.
  (B)  THE SUPERINTENDENT SHALL WAIVE THE FINGERPRINTING REQUIREMENT FOR
A NONRESIDENT PRODUCER LICENSE APPLICANT  AS  PROVIDED  IN  SECTION  TWO
THOUSAND ONE HUNDRED THIRTY-SIX OF THIS ARTICLE.
  S  17.  The  insurance  law is amended by adding a new section 2140 to
read as follows:
  S 2140. TITLE INSURANCE AGENTS; LICENSING.  (A) THE SUPERINTENDENT MAY
ISSUE A LICENSE TO ANY PERSON, FIRM, ASSOCIATION OR CORPORATION THAT HAS
COMPLIED WITH THE REQUIREMENTS OF THIS CHAPTER, AUTHORIZING THE LICENSEE
TO ACT AS A TITLE INSURANCE AGENT  OF  ANY  AUTHORIZED  TITLE  INSURANCE
CORPORATION,  PROVIDED  THAT  SUCH  TITLE  INSURANCE  AGENT DEMONSTRATES
FINANCIAL ACCOUNTABILITY AS EVIDENCED BY  A  BOND  OR  OTHER  METHOD  OF
FINANCIAL  ACCOUNTABILITY  IN  AN  AMOUNT  NOT  LESS THAN FIFTY THOUSAND
DOLLARS.

S. 6357                            89                            A. 8557

  (B) ANY SUCH LICENSE ISSUED TO A FIRM OR ASSOCIATION  SHALL  AUTHORIZE
ONLY THE MEMBERS THEREOF, NAMED IN SUCH LICENSE AS SUB-LICENSEES, TO ACT
INDIVIDUALLY  AS TITLE INSURANCE AGENTS THEREUNDER, AND ANY SUCH LICENSE
ISSUED TO A CORPORATION SHALL AUTHORIZE ONLY THE OFFICERS AND  DIRECTORS
THEREOF,  NAMED IN SUCH LICENSE AS SUB-LICENSEES, TO ACT INDIVIDUALLY AS
TITLE INSURANCE AGENTS THEREUNDER. EVERY SUB-LICENSEE  ACTING  AS  TITLE
INSURANCE AGENT PURSUANT TO SUCH A LICENSE SHALL BE AUTHORIZED SO TO ACT
ONLY  IN  THE NAME OF THE LICENSEE. IN THE CASE OF A LICENSE ISSUED TO A
TITLE INSURANCE AGENT, AT LEAST ONE DESIGNATED SUB-LICENSEE MUST HAVE  A
FINANCIAL OR OTHER BENEFICIAL INTEREST IN THE LICENSEE.
  (C)  EVERY  INDIVIDUAL  APPLICANT FOR A LICENSE UNDER THIS SECTION AND
EVERY PROPOSED LICENSEE SHALL BE EIGHTEEN YEARS OF AGE OR OLDER  AT  THE
TIME OF THE ISSUANCE OF SUCH LICENSE.
  (D)  BEFORE  ANY  ORIGINAL  TITLE INSURANCE AGENT'S LICENSE IS ISSUED,
THERE SHALL BE ON FILE IN THE OFFICE OF THE SUPERINTENDENT  AN  APPLICA-
TION  BY  THE PROSPECTIVE LICENSEE IN SUCH FORM OR FORMS AND SUPPLEMENTS
THERETO, ALONG WITH A FEE IN THE AMOUNT OF FORTY DOLLARS FOR  EACH  YEAR
OR  FRACTION OF A YEAR IN WHICH THE LICENSE SHALL BE VALID, AND CONTAIN-
ING INFORMATION THE SUPERINTENDENT PRESCRIBES.
  (E) THE SUPERINTENDENT SHALL, IN ORDER TO DETERMINE THE COMPETENCY  OF
EVERY  INDIVIDUAL  APPLICANT  AND OF EVERY PROPOSED SUB-LICENSEE FOR THE
TITLE INSURANCE AGENT LICENSE, REQUIRE SUCH INDIVIDUAL TO  SUBMIT  TO  A
PERSONAL WRITTEN EXAMINATION AND TO PASS THE SAME TO THE SATISFACTION OF
THE  SUPERINTENDENT.  THE  EXAMINATION  SHALL  BE HELD AT SUCH TIMES AND
PLACES AS THE SUPERINTENDENT SHALL FROM TIME TO  TIME  DETERMINE.  EVERY
INDIVIDUAL  APPLYING  TO TAKE ANY WRITTEN EXAMINATION SHALL, AT THE TIME
OF APPLYING THEREFOR, PAY TO THE SUPERINTENDENT OR, AT THE DISCRETION OF
THE SUPERINTENDENT, DIRECTLY TO ANY ORGANIZATION THAT IS UNDER  CONTRACT
TO PROVIDE EXAMINATION SERVICES, AN EXAMINATION FEE OF AN AMOUNT THAT IS
THE  ACTUAL DOCUMENTED ADMINISTRATIVE COST OF CONDUCTING SAID QUALIFYING
EXAMINATION AS CERTIFIED BY THE SUPERINTENDENT FROM  TIME  TO  TIME.  AN
EXAMINATION  FEE  REPRESENTS  AN ADMINISTRATIVE EXPENSE AND SHALL NOT BE
REFUNDABLE. THE SUPERINTENDENT MAY ACCEPT, IN LIEU OF ANY SUCH  EXAMINA-
TION,  THE  RESULT  OF  ANY  PREVIOUS  WRITTEN EXAMINATION, GIVEN BY THE
SUPERINTENDENT, WHICH IN THE SUPERINTENDENT'S JUDGMENT, IS EQUIVALENT TO
THE EXAMINATION FOR WHICH IT IS SUBSTITUTED.
  (F) EVERY INDIVIDUAL SEEKING TO QUALIFY  TO  OBTAIN  A  LICENSE  UNDER
SUBSECTION  (B)  OF  THIS  SECTION SHALL BE REQUIRED TO PASS THE TYPE OR
TYPES OF EXAMINATION PRESCRIBED BY  THE  SUPERINTENDENT.  AN  INDIVIDUAL
SHALL  NOT  BE DEEMED QUALIFIED TO TAKE THE EXAMINATION UNLESS THE INDI-
VIDUAL HAS SUCCESSFULLY COMPLETED A COURSE OR COURSES,  APPROVED  AS  TO
METHOD  AND  CONTENT BY THE SUPERINTENDENT, COVERING THE TITLE INSURANCE
BUSINESS AND REQUIRING NOT LESS THAN TWENTY HOURS OF CLASSROOM WORK,  IN
INSTITUTIONS  OF  LEARNING MEETING THE STANDARDS PRESCRIBED BY PARAGRAPH
ONE OF SUBSECTION (A) OF SECTION TWO THOUSAND ONE HUNDRED FOUR  OF  THIS
ARTICLE.
  (G)  NO  SUCH  WRITTEN EXAMINATION OR PRE-LICENSING EDUCATION SHALL BE
REQUIRED OF ANY:
  (1) APPLICANT WHO FILES AN APPLICATION UNDER THIS SECTION  WITHIN  ONE
YEAR AFTER THE EFFECTIVE DATE OF THIS SUBSECTION AND WHO DEMONSTRATES TO
THE  SATISFACTION  OF  THE  SUPERINTENDENT  THAT  SUCH  APPLICANT OR ITS
PROSPECTIVE  SUB-LICENSEE  HAS,  WITHOUT  INTERRUPTION,  REGULARLY   AND
CONTINUOUSLY  PERFORMED  THE  FUNCTIONS OF A TITLE INSURANCE AGENT FOR A
PERIOD OF AT LEAST FIVE YEARS IMMEDIATELY PRECEDING THE FILING  OF  SUCH
APPLICATION AND IS COMPETENT AND TRUSTWORTHY TO ACT AS A TITLE INSURANCE
AGENT;

S. 6357                            90                            A. 8557

  (2)  APPLICANT  WHO  HAS  PASSED  THE WRITTEN EXAMINATION GIVEN BY THE
SUPERINTENDENT FOR A TITLE INSURANCE AGENT'S LICENSE AND WAS LICENSED AS
SUCH, OR OF AN APPLICANT WHO WAS LICENSED AS A TITLE INSURANCE AGENT BUT
DID NOT PASS SUCH AN EXAMINATION, PROVIDED THE APPLICANT APPLIES  WITHIN
TWO  YEARS FOLLOWING THE DATE OF TERMINATION OF THE APPLICANT'S LICENSE;
OR
  (3) APPLICANT SEEKING TO OBTAIN A LICENSE AS A TITLE INSURANCE  AGENT,
WHEN SUCH APPLICANT IS A LICENSED ATTORNEY-AT-LAW IN THIS STATE.
  (H)  THE  SUPERINTENDENT  MAY  REFUSE TO ISSUE TO AN APPLICANT A TITLE
INSURANCE AGENT'S LICENSE IF,  IN  THE  SUPERINTENDENT'S  JUDGMENT,  THE
PROPOSED LICENSEE OR ANY SUB-LICENSEE:
  (1) IS NOT TRUSTWORTHY AND COMPETENT TO ACT AS SUCH AGENT;
  (2)  HAS  GIVEN  CAUSE  FOR  THE  REVOCATION  OR  SUSPENSION OF SUCH A
LICENSE; OR
  (3) HAS FAILED TO COMPLY WITH ANY PREREQUISITE  FOR  THE  ISSUANCE  OF
SUCH LICENSE.
  (I)  (1)  EVERY  LICENSE  ISSUED  TO  A  BUSINESS  ENTITY  PURSUANT TO
SUBSECTION (A) OF  THIS  SECTION  SHALL  EXPIRE  ON  JUNE  THIRTIETH  OF
ODD-NUMBERED YEARS.
  (2) EVERY LICENSE ISSUED TO AN INDIVIDUAL BORN IN AN ODD-NUMBERED YEAR
SHALL  EXPIRE  ON  THE  INDIVIDUAL'S BIRTHDAY IN EACH ODD-NUMBERED YEAR.
LICENSES ISSUED TO INDIVIDUALS BORN IN EVEN-NUMBERED YEARS SHALL  EXPIRE
ON THE INDIVIDUAL'S BIRTHDAY IN EACH EVEN-NUMBERED YEAR.
  (3) EVERY LICENSE MAY BE RENEWED FOR THE ENSUING PERIOD OF TWENTY-FOUR
MONTHS  UPON  THE  FILING  OF  AN  APPLICATION  IN  CONFORMITY WITH THIS
SUBSECTION.
  (4) THE LICENSE MAY BE ISSUED FOR ALL OF SUCH TWO YEAR TERMS, OR  UPON
APPLICATION MADE DURING ANY SUCH TERM, FOR THE BALANCE THEREOF.
  (5)  ANY  LICENSE  SHALL  BE  CONSIDERED  IN  GOOD STANDING WITHIN THE
LICENSE TERM UNLESS:
  (A) REVOKED OR SUSPENDED BY THE SUPERINTENDENT PURSUANT TO THIS  ARTI-
CLE; OR
  (B)  IF AT THE EXPIRATION DATE OF THE LICENSE TERM, THE LICENSEE FAILS
TO FILE A RENEWAL APPLICATION, PROVIDED THE LICENSE WAS IN GOOD STANDING
DURING THE TERM.
  (6) BEFORE THE RENEWAL OF ANY TITLE INSURANCE AGENT'S LICENSE SHALL BE
ISSUED, THE LICENSEE SHALL HAVE:
  (A) FILED A COMPLETED RENEWAL APPLICATION IN SUCH FORM OR  FORMS,  AND
SUPPLEMENTS  THERETO, AND CONTAINING SUCH INFORMATION AS THE SUPERINTEN-
DENT MAY PRESCRIBE; AND
  (B) PAID SUCH FEES AS ARE PRESCRIBED IN THIS SECTION.
  (7) IF AN APPLICATION FOR A RENEWAL LICENSE SHALL HAVE BEEN FILED WITH
THE SUPERINTENDENT BEFORE THE  EXPIRATION  OF  SUCH  LICENSE,  THEN  THE
LICENSE  SOUGHT  TO  BE  RENEWED SHALL CONTINUE IN FULL FORCE AND EFFECT
EITHER UNTIL THE ISSUANCE BY THE SUPERINTENDENT OF THE  RENEWAL  LICENSE
APPLIED  FOR  OR  UNTIL  FIVE  DAYS  AFTER THE SUPERINTENDENT SHALL HAVE
REFUSED TO ISSUE SUCH RENEWAL LICENSE AND SHALL  HAVE  GIVEN  NOTICE  OF
SUCH  REFUSAL TO THE APPLICANT AND TO EACH PROPOSED SUB-LICENSEE. BEFORE
REFUSING TO RENEW ANY SUCH LICENSE, EXCEPT ON THE GROUND OF  FAILURE  TO
PASS  A  WRITTEN EXAMINATION, THE SUPERINTENDENT SHALL NOTIFY THE APPLI-
CANT OF THE SUPERINTENDENT'S INTENTION TO  DO  SO  AND  SHALL  GIVE  THE
APPLICANT A HEARING.
  (8)  THE  SUPERINTENDENT  MAY,  IN ISSUING A RENEWAL LICENSE, DISPENSE
WITH THE REQUIREMENTS OF A VERIFIED APPLICATION BY ANY INDIVIDUAL LICEN-
SEE OR SUB-LICENSEE WHO, BY REASON OF  BEING  ENGAGED  IN  ANY  MILITARY
SERVICE  FOR  THE  UNITED STATES, IS UNABLE TO MAKE PERSONAL APPLICATION

S. 6357                            91                            A. 8557

FOR SUCH RENEWAL LICENSE, UPON THE FILING OF AN APPLICATION ON BEHALF OF
SUCH INDIVIDUAL, IN SUCH FORM AS THE SUPERINTENDENT SHALL PRESCRIBE,  BY
SOME  PERSON OR PERSONS WHO IN HIS OR HER JUDGMENT HAVE KNOWLEDGE OF THE
FACTS  AND  WHO  MAKE  AFFIDAVIT  SHOWING  SUCH MILITARY SERVICE AND THE
INABILITY OF SUCH TITLE INSURANCE AGENT TO MAKE PERSONAL APPLICATION.
  (9) AN INDIVIDUAL LICENSEE OR SUB-LICENSEE WHO  IS  UNABLE  TO  COMPLY
WITH  LICENSE RENEWAL PROCEDURES DUE TO OTHER EXTENUATING CIRCUMSTANCES,
SUCH AS A LONG-TERM MEDICAL DISABILITY, MAY REQUEST  A  WAIVER  OF  SUCH
PROCEDURES,  IN  SUCH  FORM  AS  THE SUPERINTENDENT SHALL PRESCRIBE. THE
LICENSEE OR SUB-LICENSEE MAY ALSO REQUEST A WAIVER  OF  ANY  EXAMINATION
REQUIREMENT  OR ANY OTHER FINE OR SANCTION IMPOSED FOR FAILURE TO COMPLY
WITH RENEWAL PROCEDURES.
  (10) AN APPLICATION FOR THE RENEWAL OF A LICENSE SHALL BE  FILED  WITH
THE  SUPERINTENDENT  NOT  LESS  THAN  SIXTY  DAYS  PRIOR TO THE DATE THE
LICENSE EXPIRES OR THE APPLICANT SHALL BE SUBJECT TO A  FURTHER  FEE  OF
TEN DOLLARS FOR LATE FILING.
  (11)  NO  LICENSE  FEE SHALL BE REQUIRED OF ANY PERSON WHO SERVED AS A
MEMBER OF THE ARMED FORCES OF THE UNITED STATES AT  ANY  TIME,  AND  WHO
SHALL  HAVE  BEEN  DISCHARGED  THEREFROM  UNDER  CONDITIONS  OTHER  THAN
DISHONORABLE, IN A CURRENT LICENSING PERIOD FOR  THE  DURATION  OF  SUCH
PERIOD.
  (12)  EXCEPT  WHERE  A  CORPORATION, ASSOCIATION OR FIRM LICENSED AS A
TITLE INSURANCE AGENT IS APPLYING TO ADD A SUB-LICENSEE OR THE  DATE  OF
THE EXPIRATION OF THE LICENSE IS CHANGED, THERE SHALL BE NO FEE REQUIRED
FOR THE ISSUANCE OF AN AMENDED LICENSE.
  (13) THE SUPERINTENDENT MAY ISSUE A REPLACEMENT LICENSE FOR A CURRENT-
LY  IN-FORCE  LICENSE  THAT  HAS  BEEN  LOST  OR  DESTROYED. BEFORE SUCH
REPLACEMENT LICENSE SHALL BE ISSUED, THERE  SHALL  BE  ON  FILE  IN  THE
OFFICE  OF THE SUPERINTENDENT A WRITTEN APPLICATION FOR SUCH REPLACEMENT
LICENSE, AFFIRMING UNDER PENALTY OF PERJURY THAT  THE  ORIGINAL  LICENSE
HAS BEEN LOST OR DESTROYED, TOGETHER WITH A FEE OF FIFTEEN DOLLARS.
  (J)  THE  SUPERINTENDENT  MAY  REFUSE  TO  ISSUE  A LICENSE OR RENEWAL
LICENSE, AS THE CASE MAY BE, TO  ANY  APPLICANT  IF  THE  SUPERINTENDENT
FINDS  THAT  SUCH APPLICANT HAS BEEN OR WILL BE RECEIVING ANY BENEFIT OR
ADVANTAGE IN VIOLATION OF SECTION SIX THOUSAND FOUR HUNDRED NINE OF THIS
CHAPTER, OR IF THE SUPERINTENDENT FINDS THAT MORE THAN  TEN  PERCENT  OF
THE  AGGREGATE NET COMMISSIONS OR OTHER COMPENSATION RECEIVED DURING THE
TERM OF THE EXISTING LICENSE, IF ANY, OR TO BE RECEIVED DURING THE  TERM
OF  THE  LICENSE  APPLIED FOR, BY THE APPLICANT, RESULTED OR WILL RESULT
FROM INSURANCE ON THE PROPERTY AND RISKS SET FORTH IN SUBPARAGRAPHS (A),
(B) AND (C) OF PARAGRAPH ONE OF SUBSECTION (I) OF SECTION  TWO  THOUSAND
ONE  HUNDRED  THREE  OF THIS ARTICLE, EXCEPT THAT IN DETERMINING THE TEN
PERCENT, THE AGGREGATE NET COMMISSIONS OR OTHER COMPENSATION  SHALL  NOT
INCLUDE  COMMISSIONS  OR  OTHER  COMPENSATION  FROM MORTGAGE REFINANCING
TRANSACTIONS INVOLVING REAL PROPERTY USED PREDOMINANTLY FOR  RESIDENTIAL
PURPOSES  AND WHICH CONSISTS OF NOT MORE THAN FOUR DWELLING UNITS, OTHER
THAN HOTELS AND MOTELS. EVERY LICENSEE SUBJECT  TO  THIS  CHAPTER  SHALL
CERTIFY  AT  THE TIME OF LICENSING OR UPON RENEWAL TO THE SUPERINTENDENT
THAT SUCH LICENSEE IS IN COMPLIANCE WITH THIS SUBSECTION.
  S 18. The insurance law is amended by adding a  new  section  2141  to
read as follows:
  S 2141. TITLE INSURANCE CLOSERS; LICENSING. (A) THE SUPERINTENDENT MAY
ISSUE A LICENSE TO ANY INDIVIDUAL WHO HAS COMPLIED WITH THE REQUIREMENTS
OF  THIS  CHAPTER,  AUTHORIZING THE LICENSEE TO ACT AS A TITLE INSURANCE
CLOSER FOR ANY AUTHORIZED TITLE INSURANCE CORPORATION OR TITLE INSURANCE
AGENT.

S. 6357                            92                            A. 8557

  (B) EVERY INDIVIDUAL APPLICANT FOR A LICENSE UNDER THIS SECTION  SHALL
BE  EIGHTEEN  YEARS  OF AGE OR OLDER AT THE TIME OF THE ISSUANCE OF SUCH
LICENSE.
  (C)  BEFORE  ANY  ORIGINAL TITLE INSURANCE CLOSER'S LICENSE IS ISSUED,
THERE SHALL BE ON FILE IN THE OFFICE OF THE SUPERINTENDENT  AN  APPLICA-
TION  BY  THE PROSPECTIVE LICENSEE IN SUCH FORM OR FORMS AND SUPPLEMENTS
THERETO, ALONG WITH A FEE IN THE AMOUNT OF FORTY DOLLARS FOR  EACH  YEAR
OR  FRACTION OF A YEAR IN WHICH THE LICENSE SHALL BE VALID, AND CONTAIN-
ING INFORMATION THE SUPERINTENDENT PRESCRIBES.
  (D) THE SUPERINTENDENT SHALL, IN ORDER TO DETERMINE THE COMPETENCY  OF
EVERY  INDIVIDUAL  APPLICANT  FOR  THE  TITLE  INSURANCE CLOSER LICENSE,
REQUIRE SUCH INDIVIDUAL TO SUBMIT TO A PERSONAL WRITTEN EXAMINATION  AND
TO PASS THE SAME TO THE SATISFACTION OF THE SUPERINTENDENT. THE EXAMINA-
TION  SHALL BE HELD AT SUCH TIMES AND PLACES AS THE SUPERINTENDENT SHALL
FROM TIME TO TIME DETERMINE. EVERY INDIVIDUAL APPLYING TO TAKE ANY WRIT-
TEN EXAMINATION SHALL, AT THE TIME OF  APPLYING  THEREFOR,  PAY  TO  THE
SUPERINTENDENT  OR, AT THE DISCRETION OF THE SUPERINTENDENT, DIRECTLY TO
ANY ORGANIZATION THAT IS UNDER CONTRACT TO PROVIDE EXAMINATION SERVICES,
AN EXAMINATION FEE OF AN AMOUNT THAT IS THE ACTUAL  DOCUMENTED  ADMINIS-
TRATIVE  COST  OF CONDUCTING SAID QUALIFYING EXAMINATION AS CERTIFIED BY
THE SUPERINTENDENT FROM TIME TO TIME. AN EXAMINATION FEE  REPRESENTS  AN
ADMINISTRATIVE  EXPENSE  AND SHALL NOT BE REFUNDABLE. THE SUPERINTENDENT
MAY ACCEPT, IN LIEU OF ANY SUCH EXAMINATION, THE RESULT OF ANY  PREVIOUS
WRITTEN  EXAMINATION,  GIVEN  BY THE SUPERINTENDENT, WHICH IN THE SUPER-
INTENDENT'S JUDGMENT, IS EQUIVALENT TO THE EXAMINATION FOR WHICH  IT  IS
SUBSTITUTED.
  (E)  EVERY  INDIVIDUAL  SEEKING  TO  QUALIFY TO OBTAIN A LICENSE UNDER
SUBSECTION (B) OF THIS SECTION SHALL BE REQUIRED TO  PASS  THE  TYPE  OR
TYPES  OF  EXAMINATION  PRESCRIBED  BY THE SUPERINTENDENT. AN INDIVIDUAL
SHALL NOT BE DEEMED QUALIFIED TO TAKE THE EXAMINATION UNLESS  THE  INDI-
VIDUAL  HAS  SUCCESSFULLY  COMPLETED A COURSE OR COURSES, APPROVED AS TO
METHOD AND CONTENT BY THE SUPERINTENDENT, COVERING THE  TITLE  INSURANCE
BUSINESS  AND REQUIRING NOT LESS THAN TWENTY HOURS OF CLASSROOM WORK, IN
INSTITUTIONS OF LEARNING MEETING THE STANDARDS PRESCRIBED  BY  PARAGRAPH
ONE  OF  SUBSECTION (A) OF SECTION TWO THOUSAND ONE HUNDRED FOUR OF THIS
ARTICLE.
  (F) NO SUCH WRITTEN EXAMINATION OR PRE-LICENSING  EDUCATION  SHALL  BE
REQUIRED OF ANY:
  (1)  INDIVIDUAL WHO FILES AN APPLICATION UNDER THIS SECTION WITHIN ONE
YEAR AFTER THE EFFECTIVE DATE OF THIS SUBSECTION AND WHO DEMONSTRATES TO
THE SATISFACTION OF THE SUPERINTENDENT THAT SUCH APPLICANT HAS,  WITHOUT
INTERRUPTION,  REGULARLY  AND  CONTINUOUSLY PERFORMED THE FUNCTIONS OF A
TITLE INSURANCE CLOSER FOR A PERIOD OF AT LEAST FIVE  YEARS  IMMEDIATELY
PRECEDING  THE FILING OF SUCH APPLICATION AND IS COMPETENT AND TRUSTWOR-
THY TO ACT AS A TITLE INSURANCE CLOSER;
  (2) APPLICANT WHO HAS PASSED THE  WRITTEN  EXAMINATION  GIVEN  BY  THE
SUPERINTENDENT  FOR  A TITLE INSURANCE CLOSER'S LICENSE AND WAS LICENSED
AS SUCH, OR OF AN APPLICANT WHO WAS LICENSED AS A TITLE INSURANCE CLOSER
BUT DID NOT PASS SUCH AN EXAMINATION,  PROVIDED  THE  APPLICANT  APPLIES
WITHIN  TWO  YEARS  FOLLOWING THE DATE OF TERMINATION OF THE APPLICANT'S
LICENSE; OR
  (3) APPLICANT SEEKING TO OBTAIN A LICENSE AS A TITLE INSURANCE CLOSER,
WHEN SUCH APPLICANT IS A LICENSED ATTORNEY-AT-LAW IN THIS STATE.
  (G) THE SUPERINTENDENT MAY REFUSE TO ISSUE TO  AN  APPLICANT  A  TITLE
INSURANCE  CLOSER'S  LICENSE  IF,  IN THE SUPERINTENDENT'S JUDGMENT, THE
PROPOSED LICENSEE:

S. 6357                            93                            A. 8557

  (1) IS NOT TRUSTWORTHY AND COMPETENT TO ACT AS SUCH CLOSER;
  (2)  HAS  GIVEN  CAUSE  FOR  THE  REVOCATION  OR  SUSPENSION OF SUCH A
LICENSE; OR
  (3) HAS FAILED TO COMPLY WITH ANY PREREQUISITE  FOR  THE  ISSUANCE  OF
SUCH LICENSE.
  (H)  (1) EVERY LICENSE ISSUED TO AN INDIVIDUAL BORN IN AN ODD-NUMBERED
YEAR SHALL EXPIRE ON THE  INDIVIDUAL'S  BIRTHDAY  IN  EACH  ODD-NUMBERED
YEAR.  LICENSES  ISSUED TO INDIVIDUALS BORN IN EVEN-NUMBERED YEARS SHALL
EXPIRE ON THE INDIVIDUAL'S BIRTHDAY IN EACH EVEN-NUMBERED YEAR.    EVERY
SUCH LICENSE MAY BE RENEWED FOR THE ENSUING PERIOD OF TWENTY-FOUR MONTHS
UPON THE FILING OF AN APPLICATION IN CONFORMITY WITH THIS SUBSECTION.
  (2)  THE LICENSE MAY BE ISSUED FOR ALL OF SUCH TWO YEAR TERMS, OR UPON
APPLICATION MADE DURING ANY SUCH TERM, FOR THE BALANCE THEREOF.
  (3) ANY LICENSE SHALL  BE  CONSIDERED  IN  GOOD  STANDING  WITHIN  THE
LICENSE TERM UNLESS:
  (A)  REVOKED OR SUSPENDED BY THE SUPERINTENDENT PURSUANT TO THIS ARTI-
CLE; OR
  (B) IF AT THE EXPIRATION DATE OF THE LICENSE TERM, THE LICENSEE  FAILS
TO FILE A RENEWAL APPLICATION, PROVIDED THE LICENSE WAS IN GOOD STANDING
DURING THE TERM.
  (4)  BEFORE  THE RENEWAL OF ANY TITLE INSURANCE CLOSER'S LICENSE SHALL
BE ISSUED, THE LICENSEE SHALL HAVE:
  (A) FILED A COMPLETED RENEWAL APPLICATION IN SUCH FORM OR  FORMS,  AND
SUPPLEMENTS  THERETO, AND CONTAINING SUCH INFORMATION AS THE SUPERINTEN-
DENT MAY PRESCRIBE; AND
  (B) PAID SUCH FEES AS ARE PRESCRIBED IN THIS SECTION.
  (5) IF AN APPLICATION FOR A RENEWAL LICENSE SHALL HAVE BEEN FILED WITH
THE SUPERINTENDENT BEFORE THE  EXPIRATION  OF  SUCH  LICENSE,  THEN  THE
LICENSE  SOUGHT  TO  BE  RENEWED SHALL CONTINUE IN FULL FORCE AND EFFECT
EITHER UNTIL THE ISSUANCE BY THE SUPERINTENDENT OF THE  RENEWAL  LICENSE
APPLIED  FOR  OR  UNTIL  FIVE  DAYS  AFTER THE SUPERINTENDENT SHALL HAVE
REFUSED TO ISSUE SUCH RENEWAL LICENSE AND SHALL  HAVE  GIVEN  NOTICE  OF
SUCH  REFUSAL  TO  THE  APPLICANT.  BEFORE  REFUSING  TO  RENEW ANY SUCH
LICENSE, EXCEPT ON THE GROUND OF FAILURE TO PASS A WRITTEN  EXAMINATION,
THE  SUPERINTENDENT  SHALL  NOTIFY THE APPLICANT OF THE SUPERINTENDENT'S
INTENTION TO DO SO AND SHALL GIVE THE APPLICANT A HEARING.
  (6) THE SUPERINTENDENT MAY, IN ISSUING  A  RENEWAL  LICENSE,  DISPENSE
WITH THE REQUIREMENTS OF A VERIFIED APPLICATION BY ANY INDIVIDUAL LICEN-
SEE  WHO,  BY  REASON  OF  BEING ENGAGED IN ANY MILITARY SERVICE FOR THE
UNITED STATES, IS UNABLE TO MAKE PERSONAL APPLICATION FOR  SUCH  RENEWAL
LICENSE, UPON THE FILING OF AN APPLICATION ON BEHALF OF SUCH INDIVIDUAL,
IN  SUCH  FORM  AS THE SUPERINTENDENT SHALL PRESCRIBE, BY SOME PERSON OR
PERSONS WHO IN HIS OR HER JUDGMENT HAVE KNOWLEDGE OF THE FACTS  AND  WHO
MAKE  AFFIDAVIT  SHOWING SUCH MILITARY SERVICE AND THE INABILITY OF SUCH
TITLE INSURANCE CLOSER TO MAKE PERSONAL APPLICATION.
  (7) AN INDIVIDUAL LICENSEE  WHO  IS  UNABLE  TO  COMPLY  WITH  LICENSE
RENEWAL  PROCEDURES  DUE  TO  OTHER EXTENUATING CIRCUMSTANCES, SUCH AS A
LONG-TERM MEDICAL DISABILITY, MAY REQUEST A WAIVER OF  SUCH  PROCEDURES,
IN  SUCH  FORM  AS  THE SUPERINTENDENT SHALL PRESCRIBE. THE LICENSEE MAY
ALSO REQUEST A WAIVER OF ANY EXAMINATION REQUIREMENT OR ANY  OTHER  FINE
OR SANCTION IMPOSED FOR FAILURE TO COMPLY WITH RENEWAL PROCEDURES.
  (8)  AN  APPLICATION  FOR THE RENEWAL OF A LICENSE SHALL BE FILED WITH
THE SUPERINTENDENT NOT LESS THAN  SIXTY  DAYS  PRIOR  TO  THE  DATE  THE
LICENSE  EXPIRES  OR  THE APPLICANT SHALL BE SUBJECT TO A FURTHER FEE OF
TEN DOLLARS FOR LATE FILING.

S. 6357                            94                            A. 8557

  (9) NO LICENSE FEE SHALL BE REQUIRED OF ANY PERSON  WHO  SERVED  AS  A
MEMBER  OF  THE  ARMED  FORCES OF THE UNITED STATES AT ANY TIME, AND WHO
SHALL  HAVE  BEEN  DISCHARGED  THEREFROM  UNDER  CONDITIONS  OTHER  THAN
DISHONORABLE,  IN  A  CURRENT  LICENSING PERIOD FOR THE DURATION OF SUCH
PERIOD.
  (10) THE SUPERINTENDENT MAY ISSUE A REPLACEMENT LICENSE FOR A CURRENT-
LY  IN-FORCE  LICENSE  THAT  HAS  BEEN  LOST  OR  DESTROYED. BEFORE SUCH
REPLACEMENT LICENSE SHALL BE ISSUED, THERE  SHALL  BE  ON  FILE  IN  THE
OFFICE  OF THE SUPERINTENDENT A WRITTEN APPLICATION FOR SUCH REPLACEMENT
LICENSE, AFFIRMING UNDER PENALTY OF PERJURY THAT  THE  ORIGINAL  LICENSE
HAS BEEN LOST OR DESTROYED, TOGETHER WITH A FEE OF FIFTEEN DOLLARS.
  S  19.  The  insurance  law is amended by adding a new section 2142 to
read as follows:
  S 2142. TITLE INSURANCE SOLICITORS; LICENSING. (A) THE  SUPERINTENDENT
MAY  ISSUE  A  LICENSE  TO  ANY  INDIVIDUAL  THAT  HAS COMPLIED WITH THE
REQUIREMENTS OF THIS CHAPTER, AUTHORIZING THE LICENSEE TO ACT AS A TITLE
INSURANCE SOLICITOR FOR ANY AUTHORIZED TITLE  INSURANCE  CORPORATION  OR
TITLE INSURANCE AGENT.
  (B) EVERY APPLICANT FOR A LICENSE UNDER THIS SECTION SHALL BE EIGHTEEN
YEARS OF AGE OR OLDER AT THE TIME OF THE ISSUANCE OF SUCH LICENSE.
  (C) BEFORE ANY ORIGINAL TITLE INSURANCE SOLICITOR'S LICENSE IS ISSUED,
THERE  SHALL  BE ON FILE IN THE OFFICE OF THE SUPERINTENDENT AN APPLICA-
TION BY THE PROSPECTIVE LICENSEE IN SUCH FORM OR FORMS  AND  SUPPLEMENTS
THERETO,  ALONG  WITH A FEE IN THE AMOUNT OF FORTY DOLLARS FOR EACH YEAR
OR FRACTION OF A YEAR IN WHICH THE LICENSE SHALL BE VALID, AND  CONTAIN-
ING INFORMATION THE SUPERINTENDENT PRESCRIBES.
  (D)  THE SUPERINTENDENT SHALL, IN ORDER TO DETERMINE THE COMPETENCY OF
EVERY APPLICANT FOR THE TITLE INSURANCE SOLICITOR LICENSE, REQUIRE  SUCH
INDIVIDUAL  TO  SUBMIT TO A PERSONAL WRITTEN EXAMINATION AND TO PASS THE
SAME TO THE SATISFACTION OF THE SUPERINTENDENT. THE EXAMINATION SHALL BE
HELD AT SUCH TIMES AND PLACES AS THE SUPERINTENDENT SHALL FROM  TIME  TO
TIME  DETERMINE.  EVERY INDIVIDUAL APPLYING TO TAKE ANY WRITTEN EXAMINA-
TION SHALL, AT THE TIME OF APPLYING THEREFOR, PAY TO THE  SUPERINTENDENT
OR,  AT  THE DISCRETION OF THE SUPERINTENDENT, DIRECTLY TO ANY ORGANIZA-
TION THAT IS UNDER CONTRACT TO PROVIDE EXAMINATION SERVICES, AN EXAMINA-
TION FEE OF AN AMOUNT THAT IS THE ACTUAL DOCUMENTED ADMINISTRATIVE  COST
OF  CONDUCTING  SAID  QUALIFYING  EXAMINATION AS CERTIFIED BY THE SUPER-
INTENDENT FROM TIME TO TIME. AN EXAMINATION FEE REPRESENTS  AN  ADMINIS-
TRATIVE  EXPENSE  AND  SHALL  NOT  BE REFUNDABLE. THE SUPERINTENDENT MAY
ACCEPT, IN LIEU OF ANY SUCH EXAMINATION,  THE  RESULT  OF  ANY  PREVIOUS
WRITTEN  EXAMINATION,  GIVEN  BY THE SUPERINTENDENT, WHICH IN THE SUPER-
INTENDENT'S JUDGMENT, IS EQUIVALENT TO THE EXAMINATION FOR WHICH  IT  IS
SUBSTITUTED.
  (E)  EVERY  INDIVIDUAL  SEEKING  TO  QUALIFY TO OBTAIN A LICENSE UNDER
SUBSECTION (B) OF THIS SECTION SHALL BE REQUIRED TO  PASS  THE  TYPE  OR
TYPES  OF  EXAMINATION  PRESCRIBED  BY THE SUPERINTENDENT. AN INDIVIDUAL
SHALL NOT BE DEEMED QUALIFIED TO TAKE THE EXAMINATION UNLESS  THE  INDI-
VIDUAL  HAS  SUCCESSFULLY  COMPLETED A COURSE OR COURSES, APPROVED AS TO
METHOD AND CONTENT BY THE SUPERINTENDENT, COVERING THE  TITLE  INSURANCE
BUSINESS  AND REQUIRING NOT LESS THAN TWENTY HOURS OF CLASSROOM WORK, IN
INSTITUTIONS OF LEARNING MEETING THE STANDARDS PRESCRIBED  BY  PARAGRAPH
ONE  OF  SUBSECTION (A) OF SECTION TWO THOUSAND ONE HUNDRED FOUR OF THIS
ARTICLE.
  (F) NO SUCH WRITTEN EXAMINATION OR PRE-LICENSING  EDUCATION  SHALL  BE
REQUIRED OF ANY:

S. 6357                            95                            A. 8557

  (1)  INDIVIDUAL WHO FILES AN APPLICATION UNDER THIS SECTION WITHIN ONE
YEAR AFTER THE EFFECTIVE DATE OF THIS SUBSECTION AND WHO DEMONSTRATES TO
THE SATISFACTION OF THE SUPERINTENDENT THAT SUCH APPLICANT HAS,  WITHOUT
INTERRUPTION,  REGULARLY  AND  CONTINUOUSLY PERFORMED THE FUNCTIONS OF A
TITLE INSURANCE SOLICITOR FOR A PERIOD OF AT LEAST FIVE YEARS IMMEDIATE-
LY  PRECEDING THE FILING OF SUCH APPLICATION AND IS COMPETENT AND TRUST-
WORTHY TO ACT AS A TITLE INSURANCE CLOSER;
  (2) APPLICANT WHO HAS PASSED THE  WRITTEN  EXAMINATION  GIVEN  BY  THE
SUPERINTENDENT  FOR  A  TITLE  INSURANCE  SOLICITOR'S  LICENSE  AND  WAS
LICENSED AS SUCH, OR OF AN APPLICANT WHO WAS LICENSED AS A TITLE  INSUR-
ANCE SOLICITOR BUT DID NOT PASS SUCH AN EXAMINATION, PROVIDED THE APPLI-
CANT  APPLIES  WITHIN TWO YEARS FOLLOWING THE DATE OF TERMINATION OF THE
APPLICANT'S LICENSE; OR
  (3) APPLICANT SEEKING TO OBTAIN A LICENSE AS A TITLE INSURANCE SOLICI-
TOR, WHEN SUCH APPLICANT IS A LICENSED ATTORNEY-AT-LAW IN THIS STATE.
  (G) THE SUPERINTENDENT MAY REFUSE TO ISSUE TO  AN  APPLICANT  A  TITLE
INSURANCE  SOLICITOR'S LICENSE IF, IN THE SUPERINTENDENT'S JUDGMENT, THE
PROPOSED LICENSEE:
  (1) IS NOT TRUSTWORTHY AND COMPETENT TO ACT AS SUCH SOLICITOR;
  (2) HAS GIVEN CAUSE  FOR  THE  REVOCATION  OR  SUSPENSION  OF  SUCH  A
LICENSE; OR
  (3)  HAS  FAILED  TO  COMPLY WITH ANY PREREQUISITE FOR THE ISSUANCE OF
SUCH LICENSE.
  (H) (1) EVERY LICENSE ISSUED TO AN INDIVIDUAL BORN IN AN  ODD-NUMBERED
YEAR  SHALL  EXPIRE  ON  THE  INDIVIDUAL'S BIRTHDAY IN EACH ODD-NUMBERED
YEAR. LICENSES ISSUED TO INDIVIDUALS BORN IN EVEN-NUMBERED  YEARS  SHALL
EXPIRE  ON  THE INDIVIDUAL'S BIRTHDAY IN EACH EVEN-NUMBERED YEAR.  EVERY
SUCH LICENSE MAY BE RENEWED FOR THE ENSUING PERIOD OF TWENTY-FOUR MONTHS
UPON THE FILING OF AN APPLICATION IN CONFORMITY WITH THIS SUBSECTION.
  (2) THE LICENSE MAY BE ISSUED FOR ALL OF SUCH TWO YEAR TERMS, OR  UPON
APPLICATION MADE DURING ANY SUCH TERM, FOR THE BALANCE THEREOF.
  (3)  ANY  LICENSE  SHALL  BE  CONSIDERED  IN  GOOD STANDING WITHIN THE
LICENSE TERM UNLESS:
  (A) REVOKED OR SUSPENDED BY THE SUPERINTENDENT PURSUANT TO THIS  ARTI-
CLE; OR
  (B)  IF AT THE EXPIRATION DATE OF THE LICENSE TERM, THE LICENSEE FAILS
TO FILE A RENEWAL APPLICATION, PROVIDED THE LICENSE WAS IN GOOD STANDING
DURING THE TERM.
  (4) BEFORE THE RENEWAL OF  ANY  TITLE  INSURANCE  SOLICITOR'S  LICENSE
SHALL BE ISSUED, THE LICENSEE SHALL HAVE:
  (A)  FILED  A COMPLETED RENEWAL APPLICATION IN SUCH FORM OR FORMS, AND
SUPPLEMENTS THERETO, AND CONTAINING SUCH INFORMATION AS THE  SUPERINTEN-
DENT MAY PRESCRIBE; AND
  (B) PAID SUCH FEES AS ARE PRESCRIBED IN THIS SECTION.
  (5) IF AN APPLICATION FOR A RENEWAL LICENSE SHALL HAVE BEEN FILED WITH
THE  SUPERINTENDENT  BEFORE  THE  EXPIRATION  OF  SUCH LICENSE, THEN THE
LICENSE SOUGHT TO BE RENEWED SHALL CONTINUE IN  FULL  FORCE  AND  EFFECT
EITHER  UNTIL  THE ISSUANCE BY THE SUPERINTENDENT OF THE RENEWAL LICENSE
APPLIED FOR OR UNTIL FIVE  DAYS  AFTER  THE  SUPERINTENDENT  SHALL  HAVE
REFUSED  TO  ISSUE  SUCH  RENEWAL LICENSE AND SHALL HAVE GIVEN NOTICE OF
SUCH REFUSAL TO  THE  APPLICANT.  BEFORE  REFUSING  TO  RENEW  ANY  SUCH
LICENSE,  EXCEPT ON THE GROUND OF FAILURE TO PASS A WRITTEN EXAMINATION,
THE SUPERINTENDENT SHALL NOTIFY THE APPLICANT  OF  THE  SUPERINTENDENT'S
INTENTION TO DO SO AND SHALL GIVE THE APPLICANT A HEARING.
  (6)  THE  SUPERINTENDENT  MAY,  IN ISSUING A RENEWAL LICENSE, DISPENSE
WITH THE REQUIREMENTS OF A VERIFIED APPLICATION BY ANY INDIVIDUAL LICEN-

S. 6357                            96                            A. 8557

SEE WHO, BY REASON OF BEING ENGAGED IN  ANY  MILITARY  SERVICE  FOR  THE
UNITED  STATES,  IS UNABLE TO MAKE PERSONAL APPLICATION FOR SUCH RENEWAL
LICENSE, UPON THE FILING OF AN APPLICATION ON BEHALF OF SUCH INDIVIDUAL,
IN  SUCH  FORM  AS THE SUPERINTENDENT SHALL PRESCRIBE, BY SOME PERSON OR
PERSONS WHO IN HIS OR HER JUDGMENT HAVE KNOWLEDGE OF THE FACTS  AND  WHO
MAKE  AFFIDAVIT  SHOWING SUCH MILITARY SERVICE AND THE INABILITY OF SUCH
TITLE INSURANCE SOLICITOR TO MAKE PERSONAL APPLICATION.
  (7) AN INDIVIDUAL LICENSEE  WHO  IS  UNABLE  TO  COMPLY  WITH  LICENSE
RENEWAL  PROCEDURES  DUE  TO  OTHER EXTENUATING CIRCUMSTANCES, SUCH AS A
LONG-TERM MEDICAL DISABILITY, MAY REQUEST A WAIVER OF  SUCH  PROCEDURES,
IN  SUCH  FORM  AS  THE SUPERINTENDENT SHALL PRESCRIBE. THE LICENSEE MAY
ALSO REQUEST A WAIVER OF ANY EXAMINATION REQUIREMENT OR ANY  OTHER  FINE
OR SANCTION IMPOSED FOR FAILURE TO COMPLY WITH RENEWAL PROCEDURES.
  (8)  AN  APPLICATION  FOR THE RENEWAL OF A LICENSE SHALL BE FILED WITH
THE SUPERINTENDENT NOT LESS THAN  SIXTY  DAYS  PRIOR  TO  THE  DATE  THE
LICENSE  EXPIRES  OR  THE APPLICANT SHALL BE SUBJECT TO A FURTHER FEE OF
TEN DOLLARS FOR LATE FILING.
  (9) NO LICENSE FEE SHALL BE REQUIRED OF ANY PERSON  WHO  SERVED  AS  A
MEMBER  OF  THE  ARMED  FORCES OF THE UNITED STATES AT ANY TIME, AND WHO
SHALL  HAVE  BEEN  DISCHARGED  THEREFROM  UNDER  CONDITIONS  OTHER  THAN
DISHONORABLE,  IN  A  CURRENT  LICENSING PERIOD FOR THE DURATION OF SUCH
PERIOD.
  (10) THE SUPERINTENDENT MAY ISSUE A REPLACEMENT LICENSE FOR A CURRENT-
LY IN-FORCE LICENSE  THAT  HAS  BEEN  LOST  OR  DESTROYED.  BEFORE  SUCH
REPLACEMENT  LICENSE  SHALL  BE  ISSUED,  THERE  SHALL BE ON FILE IN THE
OFFICE OF THE SUPERINTENDENT A WRITTEN APPLICATION FOR SUCH  REPLACEMENT
LICENSE,  AFFIRMING  UNDER  PENALTY OF PERJURY THAT THE ORIGINAL LICENSE
HAS BEEN LOST OR DESTROYED, TOGETHER WITH A FEE OF FIFTEEN DOLLARS.
  S 20. Section 2314 of the insurance law is amended to read as follows:
  S 2314. Charging  of  rates.  No  authorized  insurer  shall,  and  no
licensed insurance agent, NO TITLE INSURANCE AGENT, no employee or other
representative  of  an  authorized  insurer,  and  no licensed insurance
broker shall knowingly, charge or demand a rate  or  receive  a  premium
[which]  THAT  departs  from  the  rates, rating plans, classifications,
schedules, rules and standards in effect on behalf of  the  insurer,  or
shall  issue or make any policy or contract involving a violation there-
of.
  S 21. Section 6409 of the insurance law, subsection (c)  as  added  by
chapter 955 of the laws of 1984, is amended to read as follows:
  S  6409.  Filing  of  policy  forms;  rates;  classification of risks;
commissions and rebates prohibited. (a) No  title  insurance  policy  OR
GUARANTEE  OF THE CORRECTNESS OF SEARCHES FORM shall be issued or deliv-
ered in this state, unless [and until a copy of the form  thereof  shall
have] IT HAS been filed with the superintendent [for his information] IN
ACCORDANCE WITH ARTICLE TWENTY-THREE OF THIS CHAPTER.
  (b) [Every title insurance corporation shall file with the superinten-
dent  its  rate  manual, if any, its basic schedule of rates and classi-
fication of risks, its rating plan and  rules  in  connection  with  the
writing  or issuance of policies of title insurance and shall thereafter
likewise file any changes therein. After any such filing no such  corpo-
ration  shall,  in  connection  with the writing or issuance of any such
policy, deviate from the rates, classifications of risks and rules  last
filed  by  it,  either  by  making any reduction in rates without having
filed the same as herein provided, or by way of any  discriminations  in
favor  of  or  against  any  insured.  The superintendent shall have the
powers specified in article twenty-three of this chapter  applicable  to

S. 6357                            97                            A. 8557

title insurers.] TITLE INSURANCE RATES AND RATE FILINGS, INCLUDING RATES
FOR GUARANTEES OF THE CORRECTNESS OF SEARCHES, SHALL BE SUBJECT TO ARTI-
CLE TWENTY-THREE OF THIS CHAPTER.
  (c)  Notwithstanding  any other provision of this article, every title
insurance [company] CORPORATION shall [be  required  to]  offer,  at  or
prior to title closing, an optional policy form [which will insure] THAT
INSURES the title of owner-occupied real property used predominantly for
residential  purposes [which] THAT consists of not more than four dwell-
ing units for an amount equal to the market value of the property at the
time a loss is discovered. Such policy form shall  be  filed  with,  AND
APPROVED  BY,  the  superintendent  [pursuant  to subsection (a) of this
section] IN ACCORDANCE WITH ARTICLE TWENTY-THREE OF THIS CHAPTER.  Rates
for  such  coverage  shall be filed AND APPROVED pursuant to [subsection
(b) of this section] ARTICLE TWENTY-THREE OF THIS CHAPTER.
  (d) No title insurance corporation,  TITLE  INSURANCE  AGENT,  or  any
other  person acting for or on behalf of [it] THE TITLE INSURANCE CORPO-
RATION OR TITLE INSURANCE AGENT, shall OFFER OR make, DIRECTLY OR  INDI-
RECTLY, any rebate of any portion of the fee, premium or charge made, or
pay  or  give to any applicant for insurance, or to any person, firm, or
corporation acting as agent, representative, attorney,  or  employee  of
the  owner, lessee, mortgagee or the prospective owner, lessee, or mort-
gagee or the prospective owner, lessee, or mortgagee of the real proper-
ty or any interest therein, either directly or indirectly,  any  commis-
sion,  any  part  of  its fees or charges, or any other consideration or
valuable thing, as an inducement for, or as compensation for, any  title
insurance  business,  NOR  SHALL  ANY  APPLICANT  FOR  INSURANCE, OR ANY
PERSON, FIRM, OR CORPORATION ACTING AS AGENT, REPRESENTATIVE,  ATTORNEY,
OR  EMPLOYEE  OF  THE OWNER, LESSEE, MORTGAGEE OR THE PROSPECTIVE OWNER,
LESSEE, OR MORTGAGEE OF THE REAL PROPERTY OR ANYONE HAVING ANY  INTEREST
IN  REAL  PROPERTY  KNOWINGLY  RECEIVE, DIRECTLY OR INDIRECTLY, ANY SUCH
REBATE OR OTHER CONSIDERATION OR VALUABLE THING.  Any person  or  entity
who  [accepts  or  receives  such  a commission or rebate] VIOLATES THIS
SECTION shall be subject to a penalty equal to the greater of [one] FIVE
thousand dollars or five times the amount [thereof] OF ANY  COMPENSATION
OR REBATE RECEIVED OR PAID.
  (e)  Premium  rates  for  coverage  shall  fully reflect the foregoing
prohibitions of subsection (d) [hereof] OF THIS SECTION.
  S 22. This act shall take effect on  the  one  hundred  eightieth  day
after  it  shall  have  become  a law, provided, however, that effective
immediately:
  (1) the addition, amendment, or  repeal  of  any  rule  or  regulation
necessary  for  the  implementation of this act on its effective date is
authorized and directed to be made  and  completed  on  or  before  such
effective date;
  (2) the superintendent of financial services shall promulgate applica-
tion forms for persons, firms, associations, and corporations seeking to
obtain  a  license as a title insurance agent, or individuals seeking to
obtain a license as a title insurance closer or title insurance  solici-
tor; and
  (3)  each  person,  firm, association, or corporation who has filed an
application for a license as a title insurance agent, or every  individ-
ual  who  has  filed  an  application for a license as a title insurance
closer or title insurance solicitor on or  before  January  1,  2015  or
within  90  days  after  the  superintendent  of  financial services has
promulgated application forms pursuant to this act,  whichever  date  is
later,  may  act  as  such licensee without a license issued pursuant to

S. 6357                            98                            A. 8557

section 2140, 2141, or 2142 of the insurance law, as added  by  sections
seventeen,  eighteen, and nineteen of this act, until the superintendent
of financial services has made a final determination on the  application
for  such  license  filed  by  such person, firm, association, or corpo-
ration.

                                 PART W

  Section 1. Section 2 of part BB of chapter 58 of  the  laws  of  2012,
amending the public authorities law relating to authorizing the dormito-
ry  authority  to  enter into certain design and construction management
agreements, as amended by section 1 of part I of chapter 58 of the  laws
of 2013, is amended to read as follows:
  S  2.  This  act shall take effect immediately and shall expire and be
deemed repealed April 1, [2014] 2015.
  S 2. Within 90 days of the effective date of this act,  the  dormitory
authority  of  the  state  of  New York shall provide a report providing
information regarding any project undertaken pursuant to  a  design  and
construction  management  agreement, as authorized by part BB of chapter
58 of the laws of 2012, between the dormitory authority of the state  of
New  York  and  the  department of environmental conservation and/or the
office of parks, recreation and historic preservation to  the  governor,
the  temporary president of the senate and speaker of the assembly. Such
report shall include but not be limited to a description  of  each  such
project,  the  project  identification  number  of each such project, if
applicable, the projected date of completion, the status of the project,
the total cost or projected cost of each such project, and the location,
including the names of any county, town, village  or  city,  where  each
such project is located or proposed. In addition, such a report shall be
provided to the aforementioned parties by the first day of March of each
year  that  the authority to enter into such agreements pursuant to part
BB of chapter 58 of the laws of 2012 is in effect.
  S 3. This act shall take effect immediately and  shall  be  deemed  to
have been in effect on and after April 1, 2014.

                                 PART X

  Section  1. Section 2 of chapter 584 of the laws of 2011, amending the
public authorities law relating to the powers and duties of the dormito-
ry authority of the state of New York relative to the  establishment  of
subsidiaries for certain purposes, as amended by section 28 of part D of
chapter 56 of the laws of 2012, is amended to read as follows:
  S  2.  This  act shall take effect immediately and shall expire and be
deemed repealed on July 1, [2014] 2016; provided however, that the expi-
ration of this act shall not impair  or  otherwise  affect  any  of  the
powers,  duties,  responsibilities,  functions, rights or liabilities of
any subsidiary duly  created  pursuant  to  subdivision  twenty-five  of
section 1678 of the public authorities law prior to such expiration.
  S 2. This act shall take effect immediately.

                                 PART Y

  Section 1. Section 2976-a of the public authorities law is REPEALED.
  S 2. Section 2868 of the public health law, as amended by section 43-a
of  part  B  of  chapter  58  of the laws of 2008, is amended to read as
follows:

S. 6357                            99                            A. 8557

  S 2868. Fees and charges. The commissioner may by regulation establish
and charge to any nursing home company, for the period of occupancy date
to mortgage discharge, a fee for inspection, regulation, supervision and
audit not to annually exceed two-tenths of one percent of  the  mortgage
loan  to recover the departmental costs in performing these functions IN
RELATION TO ANY NURSING HOME PROJECT FINANCED OR REFINANCED  BY  A  LOAN
MADE  UNDER  THIS  ARTICLE  PRIOR TO APRIL FIRST, TWO THOUSAND FOURTEEN.
NOTWITHSTANDING THE FOREGOING, NO SUCH FEE SHALL BE CHARGED  OR  PAYABLE
PURSUANT TO THIS SECTION WITH RESPECT TO A NURSING HOME PROJECT FINANCED
OR  REFINANCED  WITH  BONDS ISSUED ON OR AFTER APRIL FIRST, TWO THOUSAND
FOURTEEN.
  S 3. Section 2881 of the public health law, as amended by section 43-b
of part B of chapter 58 of the laws of  2008,  is  amended  to  read  as
follows:
  S  2881. Fees and charges. The commissioner may, by regulation, estab-
lish and charge to eligible borrowers, for  the  period  from  occupancy
date  to  mortgage  discharge,  a fee for inspection, regulation, super-
vision and audit not to annually exceed two-tenths of one percent of the
mortgage loan to recover the  departmental  costs  in  performing  these
functions  IN RELATION TO ANY HOSPITAL PROJECT FINANCED OR REFINANCED BY
A LOAN MADE UNDER THIS ARTICLE PRIOR TO APRIL FIRST, TWO THOUSAND  FOUR-
TEEN.    NOTWITHSTANDING  THE FOREGOING, NO SUCH FEE SHALL BE CHARGED OR
PAYABLE PURSUANT TO THIS SECTION WITH  RESPECT  TO  A  HOSPITAL  PROJECT
FINANCED  OR  REFINANCED  WITH BONDS ISSUED ON OR AFTER APRIL FIRST, TWO
THOUSAND FOURTEEN.
  S 4. This act shall take effect immediately.

                                 PART Z

  Section 1. Subdivision 3 of section 16-m of section 1 of  chapter  174
of  the  laws  of 1968 constituting the New York state urban development
corporation act, as amended by chapter  81  of  the  laws  of  2013,  is
amended to read as follows:
  3.  The  provisions  of this section shall expire, notwithstanding any
inconsistent provision of subdivision 4 of section 469 of chapter 309 of
the laws of 1996 or of any other law, on July 1, [2014] 2015.
  S 2. This act shall take effect immediately and  shall  be  deemed  to
have been in full force and effect on and after July 1, 2014.

                                 PART AA

  Section  1. Section 2 of chapter 393 of the laws of 1994, amending the
New York state urban development corporation act, relating to the powers
of the New York state urban development corporation to  make  loans,  as
amended  by  section  1  of part H of chapter 58 of the laws of 2013, is
amended to read as follows:
  S 2. This act shall take effect immediately  provided,  however,  that
section  one  of  this act shall expire on July 1, [2014] 2015, at which
time the provisions of subdivision 26 of section 5 of the New York state
urban development corporation act shall be  deemed  repealed;  provided,
however,  that neither the expiration nor the repeal of such subdivision
as provided for herein shall be deemed to affect or impair in any manner
any loan made pursuant to the authority of  such  subdivision  prior  to
such expiration and repeal.
  S  2.  This  act  shall take effect immediately and shall be deemed to
have been in full force and effect on and after April 1, 2014.

S. 6357                            100                           A. 8557

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

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

    S. 6357--A                                            A. 8557--A

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

                            January 21, 2014
                               ___________

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

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

AN  ACT to amend the highway law and to amend chapter 329 of the laws of
  1991, amending the state finance law and other laws  relating  to  the
  establishment  of  the  dedicated  highway  and  bridge trust fund, in
  relation to the consolidated  local  street  and  highway  improvement
  program  (CHIPS), suburban highway improvement program (SHIPS), multi-
  modal and Marchiselli programs; and to repeal  certain  provisions  of
  chapter  329  of  the laws of 1991 relating thereto (Part A); to amend
  part F of chapter 56 of the laws of 2011 permitting  authorized  state
  entities   to  utilize  the  design-build  method  for  infrastructure
  projects, in relation to allowing authorized local entities to utilize
  the design-build method for infrastructure projects, and  in  relation
  to  the effectiveness thereof (Part B); to amend part U1 of chapter 62
  of the laws of 2003 amending the vehicle and  traffic  law  and  other
  laws relating to increasing certain motor vehicle transaction fees, in
  relation to the effectiveness thereof; to amend chapter 84 of the laws
  of  2002,  amending the state finance law relating to the costs of the
  department of motor vehicles, in relation to  permanently  authorizing
  payment  of department of motor vehicle costs from the dedicated high-
  way and bridge  trust  fund;  to  amend  the  transportation  law,  in
  relation  to  disposition  of  revenues;  to amend the highway law, in
  relation to disposition of fees charged  in  connection  with  outdoor
  advertising  on  highways;  and  to  amend  the  state finance law, in
  relation to the dedication of revenues and the costs of rail and truck
  regulation (Part C); to amend chapter 58 of the laws of 2013, relating
  to the hours of operation of the  department  of  motor  vehicles  and
  providing  for  the repeal of such provisions upon expiration thereof,
  in relation to the effectiveness thereof (Part D); to amend the  vehi-

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

                      [ ] is old law to be omitted.
                                                           LBD12673-02-4

S. 6357--A                          2                         A. 8557--A

  cle  and  traffic  law  and  the state finance law, in relation to the
  authorization of the department of motor vehicles to provide the acci-
  dent prevention course internet program; to amend chapter 751  of  the
  laws  of  2005, amending the insurance law and the vehicle and traffic
  law, relating to establishing the accident prevention course  internet
  technology  pilot  program,  in relation to the effectiveness thereof;
  and to repeal certain provisions of the vehicle and traffic law relat-
  ing thereto (Part E);  to  amend  the  vehicle  and  traffic  law,  in
  relation  to  complying  with federal requirements relating to medical
  certifications of commercial driver's license  holders  (Part  F);  to
  amend the public authorities law, in relation to toll collection regu-
  lations;  to  amend the public officers law, in relation to electronic
  toll collection data;  to  amend  the  vehicle  and  traffic  law,  in
  relation   to   liability   of  vehicle  owners  for  toll  collection
  violations; to amend the penal law, in relation to theft of  services;
  and  to  amend  chapter  774 of the laws of 1950, relating to agreeing
  with the state of New Jersey with respect  to  rules  and  regulations
  governing  traffic  on vehicular crossings operated by the port of New
  York authority, in relation to tolls and other charges  (Part  G);  to
  amend  chapter  67  of  the  laws  of 1992, amending the environmental
  conservation law relating to pesticide product registration timetables
  and fees, in relation to the effective date thereof; and to amend  the
  environmental  conservation law, in relation to pesticide registration
  fees and reporting (Part H); to amend the  environmental  conservation
  law,  the penal law, the vehicle and traffic law and the general obli-
  gations law, in relation to authorizing  crossbow  hunting,  landowner
  liability, printing contracts for hunting and fishing guides, issuance
  of  distinctive  "I love New York" plates, fees and general powers and
  duties of the department of environmental conservation; and to  repeal
  subdivisions 11 and 16 of section 11-0901 of the environmental conser-
  vation  law  relating  thereto  (Part I); to amend the agriculture and
  markets law, in relation to granting, suspending or revoking  licenses
  for food processing establishments (Part J); to authorize the New York
  state  energy  research and development authority to finance a portion
  of its research, development and demonstration and policy and planning
  programs from assessments on gas and electric corporations  (Part  K);
  to  authorize and direct the New York state energy research and devel-
  opment authority to make a payment  to  the  general  fund  of  up  to
  $913,000  (Part  L);  to amend the agriculture and markets law and the
  public authorities  law,  in  relation  to  requiring  power  transfer
  switches on gas stations located within one half mile from a strategic
  upstate  highway  (Part  M);  to amend chapter 21 of the laws of 2003,
  amending the executive law relating to  permitting  the  secretary  of
  state to provide special handling for all documents filed or issued by
  the  division  of corporations and to permit additional levels of such
  expedited service, in relation to extending the expiration date there-
  of (Part N); to amend the business corporation law  and  the  not-for-
  profit  corporation  law,  in relation to the transmission of incorpo-
  ration certificates to county clerks (Part O); to amend the  executive
  law,  in  relation to the national registry fee (Part P); to authorize
  the department of health to finance certain activities  with  revenues
  generated  from  an assessment on cable television companies (Part Q);
  to amend the public  service  law,  in  relation  to  authorizing  the
  department  of public service to increase program efficiencies; and to
  repeal certain provisions of the public service law  relating  thereto
  (Part  R);  to amend the public service law, in relation to the tempo-

S. 6357--A                          3                         A. 8557--A

  rary state energy and utility service  conservation  assessment  (Part
  S);  to amend the insurance law, in relation to unauthorized providers
  of health services and the examination of providers of health services
  (Part  T);  to  amend the insurance law, the public health law and the
  financial services law, in relation  to  establishing  protections  to
  prevent  surprise  medical  bills  including network adequacy require-
  ments, claim submission requirements, access  to  out-of-network  care
  and  prohibition of excessive emergency charges (Part U); to amend the
  insurance law, in relation to licensing title insurance agents,  clos-
  ers  and  solicitors;  grants the superintendent of financial services
  the authority to require title insurance agents, closers, and  solici-
  tor  applicants  to  submit  to  fingerprinting; and to repeal certain
  provisions of such law relating thereto (Part V); to amend chapter  58
  of  the  laws  of 2012 amending the public authorities law relating to
  authorizing the dormitory authority to enter into certain  design  and
  construction  management  agreements, in relation to extending certain
  authority of the dormitory authority of the state of  New  York  (Part
  W);  to  amend  chapter  584  of the laws of 2011, amending the public
  authorities law relating to the powers and  duties  of  the  dormitory
  authority  of  the  state of New York relative to the establishment of
  subsidiaries for certain purposes, in relation  to  the  effectiveness
  thereof  (Part X); to amend the public health law, in relation to fees
  in connection with certain health care  facility  financings;  and  to
  repeal  section  2976-a of the public authorities law relating thereto
  (Part Y); to amend the New York state  urban  development  corporation
  act,  in  relation  to  extending  certain  provisions relating to the
  empire state economic development fund (Part Z); and to amend  chapter
  393 of the laws of 1994, amending the New York state urban development
  corporation  act,  relating  to the powers of the New York state urban
  development corporation to make loans, in relation to  the  effective-
  ness thereof (Part AA)

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

  Section 1. This act enacts into law major  components  of  legislation
which are necessary to implement the state fiscal plan for the 2014-2015
state  fiscal  year.  Each  component  is wholly contained within a Part
identified as Parts A through AA. The effective date for each particular
provision contained within such Part is set forth in the last section of
such Part. Any provision in any section contained within a Part, includ-
ing the effective date of the Part, which makes a reference to a section
"of this act", when used in connection with that  particular  component,
shall  be  deemed  to mean and refer to the corresponding section of the
Part in which it is found. Section three of  this  act  sets  forth  the
general effective date of this act.

                                 PART A

  Section 1. Subdivision (d) of section 11 of chapter 329 of the laws of
1991  amending  the  state  finance  law  and other laws relating to the
establishment of the dedicated highway and bridge trust fund, as amended
by section 4 of part A of chapter 58 of the laws of 2012, is amended  to
read as follows:

S. 6357--A                          4                         A. 8557--A

  (d) Any such service contract (i) shall provide that the obligation of
the  director  of  the budget or the state to fund or to pay the amounts
therein provided for shall not constitute a debt of the state within the
meaning of any constitutional or statutory provisions in the  event  the
thruway  authority assigns or pledges service contract payments as secu-
rity for its bonds or notes, (ii) shall be deemed executory only to  the
extent moneys are available and SHALL PROVIDE that no liability shall be
incurred  by  the state beyond the moneys available for the purpose, and
that such obligation is subject to annual appropriation by the  legisla-
ture, and (iii) shall provide that no funds shall be made available from
the  proceeds  of  bonds or notes issued pursuant to this chapter unless
the commissioner of transportation has certified to the [chairman of the
thruway authority] DIRECTOR OF THE BUDGET that such funds shall be  used
exclusively  for  the  purposes  authorized  by  subdivision (a) of this
section, and/or construction, reconstruction  or  improvement  of  local
highways,  bridges and/or highway-railroad crossings, including right of
way acquisition, preliminary engineering, and  construction  supervision
and  inspection,  where  the service life of the project is at least ten
years or where the project is:   (1) microsurfacing,  (2)  paver  placed
surface  treatment,  (3)  single course surface treatment involving chip
seals and oil and stone and (4) double course surface treatment  involv-
ing chip seals and oil and stone, and unless [the director of the budget
has  certified to the chairman of the thruway authority that] a spending
plan has been submitted by the commissioner of  transportation  and  has
been approved by the director of the budget.
  S 2. Subdivision (g) of section 15 of chapter 329 of the laws of 1991,
as  added  by section 9 of chapter 330 of the laws of 1991, is REPEALED,
and subdivision (f) of section 15 of chapter 329 of the  laws  of  1991,
amending the state finance law and other laws relating to the establish-
ment of the dedicated highway and bridge trust fund, as added by section
9 of chapter 330 of the laws of 1991, is amended to read as follows:
  (f)  The commissioner of transportation shall certify to the [New York
state thruway authority] DIRECTOR OF  THE  BUDGET  AND  THE  COMPTROLLER
amounts  eligible for repayments as specified herein. Such certification
shall include any such information as may be necessary to  maintain  the
federal tax exempt status of bonds, notes or other obligations issued by
the  New  York  state  thruway  authority pursuant to section 380 of the
public authorities law.
  S 3. Subdivision 1 of section 80-b of the highway law, as  amended  by
chapter 161 of the laws of 2008, is amended to read as follows:
  1.  In  connection  with  the undertaking of any project for which the
commissioner is authorized to  use  moneys  of  the  federal  government
pursuant  to  the provisions of subdivision thirty-four-a of section ten
and section eighty of this chapter to assure the effective discharge  of
state responsibilities with respect to regional transportation needs, on
highways, roads, streets, bicycle paths or pedestrian paths that are not
on  the state highway system, the commissioner shall submit such project
to the governing body or bodies of the affected municipality or  munici-
palities  together  with  estimates  of  costs  thereof. If such project
includes a municipal project, as that term is defined in accordance with
article thirteen of the transportation law,  the  state  share  of  such
municipal  project  shall  also  be included. If such project includes a
project affecting a highway, road, street, bicycle  path  or  pedestrian
path  not on the state highway system, the state share shall be equal to
eighty percent of the difference between the total project cost and  the
federal assistance, provided, however, the commissioner may increase the

S. 6357--A                          5                         A. 8557--A

state  share to an amount equal to one hundred percent of the difference
between the total project cost  and  the  federal  assistance  where  he
determines  that  the  need  for  the project results substantially from
actions undertaken pursuant to section ten of this chapter.  [Except for
individual  projects  where  the  non-federal share of a federally aided
municipal project is less than five thousand dollars, no state or  local
shares  of municipal streets and highways projects shall be payable from
the non-fiduciary funds of the capital projects budget  of  the  depart-
ment.] No such project shall proceed without the approval of the govern-
ing  body of a municipality. Such governing body may request the commis-
sioner to undertake the provision of such project. If  the  commissioner
agrees  to  such  undertaking  he  shall notify the local governing body
which shall appropriate sufficient moneys to pay the estimated amount of
the municipal share. Such moneys shall be deposited with the state comp-
troller who is authorized  to  receive  and  accept  the  same  for  the
purposes  of  such  project,  subject to the draft or requisition of the
commissioner. When the work of such  project  has  been  completed,  the
commissioner  shall render to the governing body of such municipality an
itemized statement showing in full (a) the amount of money that has been
deposited by such municipality with the state comptroller  as  hereinbe-
fore  provided,  and (b) all disbursements made pursuant to this section
for such project. Any surplus moneys shall be paid to such  municipality
on  the  warrant of the comptroller on vouchers therefor approved by the
commissioner. When the work of such project has been completed and it is
determined by the commissioner that the amount of the cost to  be  borne
by the municipality is in excess of the amount deposited by such munici-
pality  with  the  state comptroller, the commissioner shall then notify
the municipality of the deficiency of funds. The municipality shall then
within ninety days of the receipt of such notice, pay such amount to the
state comptroller. For purposes of this section, the term "municipality"
shall include a city, county, town, village or two or more of the  fore-
going acting jointly.
  S 4. Subdivision (e) of section 16 of chapter 329 of the laws of 1991,
amending the state finance law and other laws relating to the establish-
ment of a dedicated highway and bridge trust fund, as added by section 9
of chapter 330 of the laws of 1991, is REPEALED.
  S  5.  Subdivision  (e)  of section 16-a of chapter 329 of the laws of
1991, amending the state finance law and  other  laws  relating  to  the
establishment  of a dedicated highway and bridge trust fund, as added by
section 9 of chapter 330 of the laws of 1991, is REPEALED.
  S 6. Paragraph (a) of subdivision 5 of section  10-f  of  the  highway
law,  as added by chapter 725 of the laws of 1993, is amended to read as
follows:
  (a) Funding of municipal projects will be made  upon  the  application
for  funding of prior expenditures in a format prescribed by the commis-
sioner. [Funding of qualifying municipal project expenditures  shall  be
made  from  the  proceeds  of  bonds,  notes or other obligations issued
pursuant to section three hundred eighty of the public authorities law.]
Such funding of state projects may be pursuant to agreements between the
commissioner and the New York state thruway authority and  may  be  from
the  proceeds  of  bonds,  notes or other obligations issued pursuant to
section three hundred eighty-five of the public authorities law.
  S 7. Paragraph (a) of subdivision 5 of section  10-g  of  the  highway
law,  as added by chapter 725 of the laws of 1993, is amended to read as
follows:

S. 6357--A                          6                         A. 8557--A

  (a) Funding of municipal projects will be made  upon  the  application
for  funding of prior expenditures in a format prescribed by the commis-
sioner. [Funding of qualifying municipal project expenditures  shall  be
made  from  the  proceeds  of  bonds,  notes or other obligations issued
pursuant to section three hundred eighty of the public authorities law.]
Such funding of state projects may be pursuant to agreements between the
commissioner  and  the  New York state thruway authority and may be from
the proceeds of bonds, notes or other  obligations  issued  pursuant  to
section three hundred eighty-five of the public authorities law.
  S 8. This act shall take effect immediately.

                                 PART B

  Section  1.  Sections  3, 4, 5, 7, 8, 10, 11, 13, 14, 15, 16 and 17 of
part F of chapter 56 of the laws of  2011  permitting  authorized  state
entities  to utilize the design-build method for infrastructure projects
are amended to read as follows:
  S 3. For the purposes of this act:
  (a) "authorized state entity" shall mean the New  York  state  thruway
authority, the department of transportation, the office of parks, recre-
ation and historic preservation, the department of environmental conser-
vation and the New York state bridge authority.
  (b)  "best  value"  shall  mean  the  basis for awarding contracts for
services to the offerer that  optimize  quality,  cost  and  efficiency,
price  and  performance  criteria, which may include, but is not limited
to:
  1. The quality of the contractor's performance on previous projects;
  2.  The  timeliness  of  the  contractor's  performance  on   previous
projects;
  3.  The  level of customer satisfaction with the contractor's perform-
ance on previous projects;
  4. The contractor's record of performing previous projects  on  budget
and ability to minimize cost overruns;
  5. The contractor's ability to limit change orders;
  6. The contractor's ability to prepare appropriate project plans;
  7. The contractor's technical capacities;
  8. The individual qualifications of the contractor's key personnel;
  9.  The  contractor's  ability  to assess and manage risk and minimize
risk impact; and
  10. The contractor's past record of compliance with  article  15-A  of
the executive law.
  Such  basis  shall reflect, wherever possible, objective and quantifi-
able analysis.
  (c) "capital project" shall have the same  meaning  as  such  term  is
defined by subdivision 2-a of section 2 of the state finance law.
  (d)  "cost  plus" shall mean compensating a contractor for the cost to
complete a contract by reimbursing actual costs for labor, equipment and
materials plus an additional amount for overhead and profit.
  (e) "design-build contract" shall mean a contract for the  design  and
construction  of  a capital project with a single entity, which may be a
team comprised of separate entities.
  (f) "procurement record" means documentation of the decisions made and
the approach taken in the procurement process.
  (G) "AUTHORIZED LOCAL ENTITY" SHALL MEAN ANY  CITY,  TOWN  OR  VILLAGE
WITH A POPULATION OF MORE THAN FIFTY THOUSAND, OR ANY COUNTY.

S. 6357--A                          7                         A. 8557--A

  S  4. Notwithstanding the provisions of section 38 of the highway law,
section 136-a of the state  finance  law,  section  359  of  the  public
authorities  law,  section 7210 of the education law, SECTION 103 OF THE
GENERAL MUNICIPAL LAW, and the  provisions  of  any  other  law  to  the
contrary,  and  in  conformity  with  the  requirements  of this act, an
authorized state OR LOCAL entity may utilize  the  alternative  delivery
method  referred  to  as  design-build  contracts  for  capital projects
related to  the  state's  OR  LOCAL  ENTITY'S  physical  infrastructure,
including,  but  not limited to, the state's OR LOCAL ENTITY'S highways,
bridges, dams, flood control projects, canals, and parks, including, but
not limited to, to repair damage caused by natural disaster, to  correct
health and safety defects, to comply with federal and state laws, stand-
ards,  and  regulations,  to  extend  the  useful life of or replace the
state's  OR  LOCAL  ENTITY'S  highways,  bridges,  dams,  flood  control
projects, canals, and parks or to improve or add to the state's OR LOCAL
ENTITY'S  highways,  bridges,  dams, flood control projects, canals, and
parks; provided that for the contracts executed  by  the  department  of
transportation,  the  office of parks, recreation and historic preserva-
tion, or the department of environmental conservation, OR BY  ANY  LOCAL
ENTITY,  the  total cost of each such project shall not be less than one
million two hundred thousand dollars ($1,200,000); AND FURTHER  PROVIDED
THAT  AUTHORIZED  LOCAL  ENTITIES  MAY  UTILIZE THE ALTERNATIVE DELIVERY
METHOD REFERRED TO AS DESIGN-BUILD CONTRACTS ONLY FOR  CAPITAL  PROJECTS
THAT ARE NOT SUBJECT TO SECTION 101 OF THE GENERAL MUNICIPAL LAW.
  S  5.  An  entity  selected  by an authorized state OR LOCAL entity to
enter into a design-build contract shall be selected through a  two-step
method, as follows:
  (a)  Step one. Generation of a list of entities that have demonstrated
the general capability to perform the design-build contract.  Such  list
shall  consist  of  a  specified number of entities, as determined by an
authorized state OR LOCAL entity, and shall be generated based upon  the
authorized  state  OR  LOCAL  entity's review of responses to a publicly
advertised request for qualifications. The  authorized  state  OR  LOCAL
entity's  request for qualifications shall include a general description
of the project, the maximum number of entities to  be  included  on  the
list, and the selection criteria to be used in generating the list. Such
selection  criteria  shall  include the qualifications and experience of
the design and construction team, organization,  demonstrated  responsi-
bility,  ability  of  the  team or of a member or members of the team to
comply with applicable requirements, including the provisions  of  arti-
cles  145,  147  and 148 of the education law, past record of compliance
with the labor law, and such other qualifications the  authorized  state
OR  LOCAL entity deems appropriate which may include but are not limited
to project  understanding,  financial  capability  and  record  of  past
performance.  The  authorized  state  OR LOCAL entity shall evaluate and
rate all entities responding to the request for qualifications.    Based
upon  such  ratings, the authorized state OR LOCAL entity shall list the
entities that shall receive a request for proposals in  accordance  with
subdivision (b) of this section.  To the extent consistent with applica-
ble federal law, the authorized state entity shall consider, when award-
ing  any  contract  pursuant  to this section, the participation of: (i)
firms certified pursuant to article 15-A of the executive law as minori-
ty or women-owned businesses and the ability of other  businesses  under
consideration  to work with minority and women-owned businesses so as to
promote and assist participation by  such  businesses;  and  (ii)  small

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business  concerns  identified  pursuant  to  subdivision (b) of section
139-g of the state finance law.
  (b) Step two. Selection of the proposal which is the best value to the
state  OR LOCAL ENTITY. The authorized state OR LOCAL entity shall issue
a request for proposals to the entities listed pursuant  to  subdivision
(a)  of  this section.  If such an entity consists of a team of separate
entities, the entities that comprise such a team must  remain  unchanged
from  the  entity  as listed pursuant to subdivision (a) of this section
unless otherwise approved by the authorized state OR LOCAL  entity.  The
request  for  proposals shall set forth the project's scope of work, and
other requirements, as determined by the authorized state OR LOCAL enti-
ty.  The request for proposals shall specify the criteria to be used  to
evaluate  the  responses  and the relative weight of each such criteria.
Such criteria shall include the proposal's  cost,  the  quality  of  the
proposal's  solution,  the  qualifications and experience of the design-
build entity, and other factors deemed pertinent by the authorized state
OR LOCAL entity, which may include, but shall not  be  limited  to,  the
proposal's  project  implementation,  ability  to complete the work in a
timely and satisfactory  manner,  maintenance  costs  of  the  completed
project,  maintenance  of  traffic  approach,  and community impact. Any
contract awarded pursuant to this act shall be awarded to  a  responsive
and  responsible  entity  that submits the proposal, which, in consider-
ation of these and other specified  criteria  deemed  pertinent  to  the
project,  offers  the best value to the state OR LOCAL ENTITY, as deter-
mined by the authorized state OR LOCAL entity. Nothing herein  shall  be
construed  to  prohibit  the  authorized  entity  from negotiating final
contract terms and conditions including cost.
  S 7. Construction for each capital project undertaken by  the  author-
ized  state  OR  LOCAL  entity  pursuant  to  this act shall be deemed a
"public work" to be performed in accordance with the provisions of arti-
cle 8 of the labor law, as well as subject to sections 200, 240, 241 and
242 of the labor law and enforcement of prevailing wage requirements  by
the New York state department of labor.
  S  8.  If  otherwise  applicable,  capital  projects undertaken by the
authorized state OR LOCAL entity pursuant to this act shall  be  subject
to  section  135  of  the state finance law and section 222 of the labor
law.
  S 10. Capital projects undertaken by the  authorized  state  OR  LOCAL
entity  pursuant  to  this  act  shall be subject to the requirements of
article eight of the environmental conservation law, and, where applica-
ble, the requirements of the national environmental policy act.
  S 11.  If otherwise applicable, capital  projects  undertaken  by  the
authorized  state  entity  pursuant  to  this  act  shall be governed by
sections 139-d, 139-j, 139-k, paragraph f of subdivision 1 and paragraph
g of subdivision 9 of section 163 of the state finance law, AND  CAPITAL
PROJECTS  UNDERTAKEN BY THE AUTHORIZED LOCAL ENTITY PURSUANT TO THIS ACT
SHALL BE GOVERNED BY SECTION 103-D OF THE GENERAL MUNICIPAL LAW.
  S 13. Nothing contained in this act shall limit  the  right  or  obli-
gation  of  the  authorized  state  OR  LOCAL  entity to comply with the
provisions of any existing contract,  including  any  existing  contract
with or for the benefit of the holders of the obligations of the author-
ized  state OR LOCAL entity, or to award contracts as otherwise provided
by law.
  S 14. Alternative construction awarding processes.  (i)  Notwithstand-
ing  the  provisions  of  any  other law to the contrary, the authorized
state OR LOCAL entity may award a construction contract:

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  1. To the contractor offering the best value; or
  2.  Utilizing  a cost-plus not to exceed guaranteed maximum price form
of contract in which the authorized state OR LOCAL entity shall be enti-
tled to monitor and audit all project costs. In establishing the  sched-
ule and process for determining a guaranteed maximum price, the contract
between the authorized state OR LOCAL entity and the contractor shall:
  (a)  describe  the  scope  of the work and the cost of performing such
work;
  (b) include a detailed line item cost breakdown;
  (c) include a list of all drawings, specifications and other  informa-
tion on which the guaranteed maximum price is based;
  (d)  include  the  dates for substantial and final completion on which
the guaranteed maximum price is based; and
  (e) include a schedule of unit prices; or
  3. Utilizing a lump sum contract in which  the  contractor  agrees  to
accept  a  set dollar amount for a contract which comprises a single bid
without providing a cost breakdown for all costs such as for  equipment,
labor, materials, as well as such contractor's profit for completing all
items of work comprising the project.
  (ii) Capital projects undertaken by an authorized state OR LOCAL enti-
ty  may include an incentive clause in the contract for various perform-
ance objectives, but the incentive clause shall not include an incentive
that exceeds the quantifiable value of the benefit received by the state
OR LOCAL ENTITY. The authorized state OR LOCAL  entity  shall  establish
such performance and payment bonds as it deems necessary.
  S   15.   Prequalified  contractors.  (a)  Notwithstanding  any  other
provision of law, the authorized state OR LOCAL entity  may  maintain  a
list  of  prequalified contractors who are eligible to submit a proposal
pursuant to this act and entry into  such  list  shall  be  continuously
available. Prospective contractors may be prequalified as contractors to
provide  particular  types  of  construction, in accordance with general
criteria established by the authorized state OR LOCAL entity  which  may
include,  but shall not be limited to, the experience, past performance,
ability to undertake the type and complexity of work, financial capabil-
ity,  responsibility,  compliance  with  equal  employment   opportunity
requirements   and   anti-discrimination  laws,  and  reliability.  Such
prequalification may  be  by  categories  designed  by  size  and  other
factors.
  (b) A contractor who is denied prequalification or whose prequalifica-
tion is revoked or suspended by the authorized state OR LOCAL entity may
appeal  such  decision to the authorized state entity. If such a suspen-
sion extends for more than three months, it shall be deemed a revocation
of the prequalification.  The  authorized  state  OR  LOCAL  entity  may
proceed with the contract award during any appeal.
  S  16.  Nothing  in  this act shall affect existing powers of New York
state public entities OR  LOCAL  ENTITIES  to  use  alternative  project
delivery methods.
  S  17. This act shall take effect immediately [and shall expire and be
deemed repealed 3 years after such date, provided  that,  projects  with
requests for qualifications issued prior to such repeal shall be permit-
ted to continue under this act notwithstanding such repeal].
  S 2. This act shall take effect immediately.

                                 PART C

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  Section  1.    Section 13 of part U1 of chapter 62 of the laws of 2003
amending the vehicle and traffic law and other laws relating to increas-
ing certain motor vehicle transaction fees, as amended by section  2  of
part B of chapter 58 of the laws of 2013, is amended to read as follows:
  S  13.  This  act shall take effect immediately; provided however that
sections one through seven of this act, the amendments to subdivision  2
of  section  205  of  the tax law made by section eight of this act, and
section nine of this act shall expire and be deemed repealed  on  [March
31]  APRIL  1,  2015;  provided further, however, that the amendments to
subdivision 3 of section 205 of the tax law made  by  section  eight  of
this act shall expire and be deemed repealed on March 31, 2018; provided
further,  however,  that  the  provisions  of section eleven of this act
shall take effect April 1, 2004 and shall expire and be deemed  repealed
on [March 31] APRIL 1, 2015.
  S  2.  Section 2 of part B of chapter 84 of the laws of 2002, amending
the state finance law relating to the costs of the department  of  motor
vehicles, as amended by section 1 of part E of chapter 59 of the laws of
2009, is amended to read as follows:
  S  2.  This act shall take effect April 1, 2002; provided, however, if
this act shall become a law after such date it shall take  effect  imme-
diately and shall be deemed to have been in full force and effect on and
after  April  1,  2002;  provided  further, however, that this act shall
expire and be deemed repealed on [March 31] APRIL 1, 2015.
  S 3. Subdivision 4 of section 94 of the transportation law, as amended
by section 1 of part D of chapter 101 of the laws of 2001, is amended to
read as follows:
  4. All fees charged and collected by the commissioner hereunder  shall
be deposited [to the miscellaneous special revenue fund - transportation
regulation  account for the purposes established in this section] BY THE
COMPTROLLER INTO THE SPECIAL OBLIGATION RESERVE AND PAYMENT  ACCOUNT  OF
THE  DEDICATED  HIGHWAY  AND  BRIDGE  TRUST FUND ESTABLISHED PURSUANT TO
SECTION EIGHTY-NINE-B OF THE STATE FINANCE LAW.
  S 4. Subdivision 4 of section 135 of the transportation law, as  added
by chapter 166 of the laws of 1991, is amended to read as follows:
  4.  All revenues collected pursuant to this section shall be deposited
[to the  miscellaneous  special  revenue  fund--rail  safety  inspection
account]  BY  THE  COMPTROLLER  INTO  THE SPECIAL OBLIGATION RESERVE AND
PAYMENT ACCOUNT OF THE DEDICATED HIGHWAY AND BRIDGE  TRUST  FUND  ESTAB-
LISHED  PURSUANT  TO  SECTION EIGHTY-NINE-B OF THE STATE FINANCE LAW for
the purposes established in this section.  Fees will be based on  reven-
ues  from the preceding calendar year and shall be assessed on or before
July first and are payable by September first of each year. On or before
January first of each year following assessment of fees pursuant to this
section, the commissioner shall report to the railroad companies  annual
costs associated with this assessment.
  S  5. Subdivision 5 of section 144 of the transportation law, as added
by chapter 635 of the laws of 1983, is amended to read as follows:
  5. For furnishing a certification of any  paper,  record  or  official
document,  one  dollar. No fees shall be charged or collected for copies
of papers, records or official documents, furnished to  public  officers
for  use  in  their  official capacity, or for the annual reports of the
commissioner in the ordinary course of distribution, but the commission-
er may fix reasonable charges for copies of  papers,  records,  official
documents  and  other  publications  furnished or issued to others under
this authority. All fees  charged  and  collected  by  the  commissioner
[shall  belong  to  the  people  of the state and shall be paid monthly,

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accompanied by a detailed statement thereof, into the  treasury  of  the
state  to the credit of the general fund] PURSUANT TO THIS SECTION SHALL
BE DEPOSITED BY THE COMPTROLLER INTO THE SPECIAL OBLIGATION RESERVE  AND
PAYMENT  ACCOUNT  OF  THE DEDICATED HIGHWAY AND BRIDGE TRUST FUND ESTAB-
LISHED PURSUANT TO SECTION EIGHTY-NINE-B OF THE STATE FINANCE LAW.
  S 6. Section 145 of the transportation law is amended by adding a  new
subdivision 8 to read as follows:
  8. ALL PENALTIES CHARGED AND COLLECTED BY THE COMMISSIONER PURSUANT TO
THIS  SECTION  SHALL  BE  DEPOSITED  BY THE COMPTROLLER INTO THE SPECIAL
OBLIGATION RESERVE AND PAYMENT ACCOUNT  OF  THE  DEDICATED  HIGHWAY  AND
BRIDGE  TRUST  FUND  ESTABLISHED PURSUANT TO SECTION EIGHT-NINE-B OF THE
STATE FINANCE LAW.
  S 7. Section 88 of the highway law is amended by adding a new subdivi-
sion 13 to read as follows:
  13. ALL FEES COLLECTED BY THE COMMISSIONER PURSUANT  TO  THIS  SECTION
SHALL  BE  DEPOSITED  BY  THE  COMPTROLLER  INTO  THE SPECIAL OBLIGATION
RESERVE AND PAYMENT ACCOUNT OF THE DEDICATED HIGHWAY  AND  BRIDGE  TRUST
FUND  ESTABLISHED PURSUANT TO SECTION EIGHTY-NINE-B OF THE STATE FINANCE
LAW.
  S 8. Paragraph (a) of subdivision 3  of  section  89-b  of  the  state
finance law, as amended by section 2 of part B of chapter 58 of the laws
of 2012, is amended to read as follows:
  (a)  The  special obligation reserve and payment account shall consist
(i) of all moneys required to be deposited in the dedicated highway  and
bridge  trust  fund  pursuant  to the provisions of sections two hundred
five, two hundred  eighty-nine-e,  three  hundred  one-j,  five  hundred
fifteen  and  eleven  hundred  sixty-seven  of the tax law, section four
hundred one of the vehicle and traffic law, and  section  thirty-one  of
chapter fifty-six of the laws of nineteen hundred ninety-three, (ii) all
fees, fines or penalties collected by the commissioner of transportation
pursuant  to  section  fifty-two, section three hundred twenty-six, [and
subdivisions five, eight and twelve  of]  section  eighty-eight  of  the
highway law, subdivision fifteen of section three hundred eighty-five of
the  vehicle  and traffic law, section two of the chapter of the laws of
two thousand three that  amended  this  paragraph,  subdivision  (d)  of
section  three  hundred  four-a,  paragraph  one  of subdivision (a) and
subdivision (d) of section three  hundred  five,  subdivision  six-a  of
section  four  hundred fifteen and subdivision (g) of section twenty-one
hundred twenty-five of the vehicle and traffic law, section  fifteen  of
this  chapter,  excepting  moneys deposited with the state on account of
betterments performed pursuant to subdivision twenty-seven  or  subdivi-
sion  thirty-five  of section ten of the highway law, AND SECTIONS NINE-
TY-FOUR, ONE HUNDRED THIRTY-FIVE, ONE HUNDRED FORTY-FOUR AND ONE HUNDRED
FORTY-FIVE OF THE TRANSPORTATION LAW, (iii) any moneys collected by  the
department  of  transportation  for services provided pursuant to agree-
ments entered into in  accordance  with  section  ninety-nine-r  of  the
general  municipal  law, and (iv) any other moneys collected therefor or
credited or transferred thereto from any other fund, account or source.
  S 9. Paragraph (a) of subdivision 3  of  section  89-b  of  the  state
finance law, as amended by section 3 of part B of chapter 58 of the laws
of 2012, is amended to read as follows:
  (a)  The  special obligation reserve and payment account shall consist
(i) of all moneys required to be deposited in the dedicated highway  and
bridge  trust  fund  pursuant  to the provisions of sections two hundred
eighty-nine-e, three hundred one-j,  five  hundred  fifteen  and  eleven
hundred  sixty-seven  of  the  tax  law, section four hundred one of the

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vehicle and traffic law, and section thirty-one of chapter fifty-six  of
the  laws  of  nineteen  hundred  ninety-three,  (ii) all fees, fines or
penalties collected by the commissioner of  transportation  pursuant  to
section  fifty-two,  section three hundred twenty-six, [and subdivisions
five, eight and twelve of] section  eighty-eight  of  the  highway  law,
subdivision  fifteen of section three hundred eighty-five of the vehicle
and traffic law, section  fifteen  of  this  chapter,  excepting  moneys
deposited with the state on account of betterments performed pursuant to
subdivision  twenty-seven  or  subdivision thirty-five of section ten of
the highway law, AND SECTIONS NINETY-FOUR, ONE HUNDRED THIRTY-FIVE,  ONE
HUNDRED  FORTY-FOUR AND ONE HUNDRED FORTY-FIVE OF THE TRANSPORTATION LAW
(iii) any moneys collected  by  the  department  of  transportation  for
services provided pursuant to agreements entered into in accordance with
section  ninety-nine-r  of the general municipal law, and (iv) any other
moneys collected therefor or credited or transferred  thereto  from  any
other fund, account or source.
  S  10.  Paragraph  a  of  subdivision  5  of section 89-b of the state
finance law, as amended by section 60 of part HH of chapter  57  of  the
laws of 2013, is amended to read as follows:
  a.  Moneys  in  the  dedicated  highway  and  bridge trust fund shall,
following appropriation by the legislature, be  utilized  for:    recon-
struction,  replacement, reconditioning, restoration, rehabilitation and
preservation of state, county, town, city and village  roads,  highways,
parkways,  and  bridges  thereon,  to  restore  such facilities to their
intended  functions;  construction,  reconstruction,   enhancement   and
improvement  of  state, county, town, city, and village roads, highways,
parkways, and bridges thereon, to address current and projected capacity
problems including costs for  traffic  mitigation  activities;  aviation
projects authorized pursuant to section fourteen-j of the transportation
law  and  for payments to the general debt service fund of amounts equal
to amounts required for service contract payments  related  to  aviation
projects  as provided and authorized by section three hundred eighty-six
of the public authorities law; programs to assist small and minority and
women-owned firms engaged  in  transportation  construction  and  recon-
struction  projects,  including  a  revolving  fund  for working capital
loans, and a bonding guarantee assistance  program  in  accordance  with
provisions of this chapter; matching federal grants or apportionments to
the state for highway, parkway and bridge capital projects; the acquisi-
tion  of  real property and interests therein required or expected to be
required in connection with such projects; preventive maintenance activ-
ities necessary to ensure that highways, parkways and  bridges  meet  or
exceed their optimum useful life; expenses of control of snow and ice on
state  highways  by  the  department of transportation including but not
limited to personal services, nonpersonal services and fringe  benefits,
payment  of  emergency aid for control of snow and ice in municipalities
pursuant to section fifty-five of the highway law, expenses  of  control
of  snow and ice on state highways by municipalities pursuant to section
twelve of the highway law, and  for  expenses  of  arterial  maintenance
agreements  with  cities pursuant to section three hundred forty-nine of
the highway law; personal services,  NONPERSONAL  SERVICES,  and  fringe
benefit  costs  of  the  department  of  transportation  for  bus safety
inspection activities, RAIL  SAFETY  INSPECTION  ACTIVITIES,  AND  TRUCK
SAFETY INSPECTION ACTIVITIES; costs of the department of motor vehicles,
including but not limited to personal and nonpersonal services; costs of
engineering and administrative services of the department of transporta-
tion,  including  but  not  limited  to  fringe  benefits;  the contract

S. 6357--A                         13                         A. 8557--A

services provided by private firms in accordance with  section  fourteen
of  the  transportation law; personal services and nonpersonal services,
for activities including but not limited to the preparation of  designs,
plans,  specifications and estimates; construction management and super-
vision activities; costs of appraisals, surveys,  testing  and  environ-
mental  impact  statements  for  transportation  projects;  expenses  in
connection with buildings, equipment, materials and facilities  used  or
useful  in  connection  with  the  maintenance, operation, and repair of
highways,  parkways  and  bridges  thereon;  and  project   costs   for:
construction,  reconstruction, improvement, reconditioning and preserva-
tion of rail freight facilities and intercity rail passenger  facilities
and equipment; construction, reconstruction, improvement, reconditioning
and   preservation  of  state,  municipal  and  privately  owned  ports;
construction, reconstruction, improvement, reconditioning and  preserva-
tion  of municipal airports; privately owned airports and aviation capi-
tal facilities, excluding airports operated by the state or operated  by
a bi-state municipal corporate instrumentality for which federal funding
is  not  available  provided  the project is consistent with an approved
airport layout  plan;  and  construction,  reconstruction,  enhancement,
improvement,  replacement,  reconditioning,  restoration, rehabilitation
and preservation of state, county, town, city and village  roads,  high-
ways,  parkways  and bridges; and construction, reconstruction, improve-
ment, reconditioning and  preservation  of  fixed  ferry  facilities  of
municipal  and  privately owned ferry lines for transportation purposes,
and the payment of debt service required on any bonds,  notes  or  other
obligations  and  related  expenses  for  highway,  parkway,  bridge and
project costs for: construction, reconstruction,  improvement,  recondi-
tioning  and  preservation of rail freight facilities and intercity rail
passenger  facilities  and  equipment;   construction,   reconstruction,
improvement,  reconditioning  and  preservation  of state, municipal and
privately owned ports; construction, reconstruction, improvement, recon-
ditioning  and  preservation  of  municipal  airports;  privately  owned
airports and aviation capital facilities, excluding airports operated by
the  state or operated by a bi-state municipal corporate instrumentality
for which federal funding is  not  available  provided  the  project  is
consistent  with  an  approved airport layout plan; construction, recon-
struction, enhancement, improvement, replacement, reconditioning, resto-
ration, rehabilitation and preservation of state, county, town, city and
village roads, highways, parkways and bridges; and construction,  recon-
struction,  improvement,  reconditioning and preservation of fixed ferry
facilities of municipal and privately owned ferry lines for  transporta-
tion  purposes,  purposes  authorized  on or after the effective date of
this section. Beginning with disbursements made on and after  the  first
day  of  April, nineteen hundred ninety-three, moneys in such fund shall
be available to pay such costs or expenses made  pursuant  to  appropri-
ations or reappropriations made during the state fiscal year which began
on  the first of April, nineteen hundred ninety-two. Beginning the first
day of April, nineteen hundred ninety-three, moneys in such  fund  shall
also  be  used  for  transfers  to the general debt service fund and the
revenue bond tax fund of amounts equal to that respectively required for
service contract  and  financing  agreement  payments  as  provided  and
authorized  by  section  three  hundred eighty of the public authorities
law, section eleven of chapter three hundred twenty-nine of the laws  of
nineteen  hundred ninety-one, as amended, and sections sixty-eight-c and
sixty-nine-o of this chapter.

S. 6357--A                         14                         A. 8557--A

  S 11. Paragraph a of subdivision  5  of  section  89-b  of  the  state
finance  law, as amended by section 60-a of part HH of chapter 57 of the
laws of 2013, is amended to read as follows:
  a.  Moneys  in  the  dedicated  highway  and  bridge trust fund shall,
following appropriation by the legislature, be  utilized  for:    recon-
struction,  replacement, reconditioning, restoration, rehabilitation and
preservation of state, county, town, city and village  roads,  highways,
parkways,  and  bridges  thereon,  to  restore  such facilities to their
intended  functions;  construction,  reconstruction,   enhancement   and
improvement  of  state, county, town, city, and village roads, highways,
parkways, and bridges thereon, to address current and projected capacity
problems including costs for  traffic  mitigation  activities;  aviation
projects authorized pursuant to section fourteen-j of the transportation
law  and  for payments to the general debt service fund of amounts equal
to amounts required for service contract payments  related  to  aviation
projects  as provided and authorized by section three hundred eighty-six
of the public authorities law; programs to assist small and minority and
women-owned firms engaged  in  transportation  construction  and  recon-
struction  projects,  including  a  revolving  fund  for working capital
loans, and a bonding guarantee assistance  program  in  accordance  with
provisions of this chapter; matching federal grants or apportionments to
the state for highway, parkway and bridge capital projects; the acquisi-
tion  of  real property and interests therein required or expected to be
required in connection with such projects; preventive maintenance activ-
ities necessary to ensure that highways, parkways and  bridges  meet  or
exceed their optimum useful life; expenses of control of snow and ice on
state  highways  by  the  department of transportation including but not
limited to personal services, nonpersonal services and fringe  benefits,
payment  of  emergency aid for control of snow and ice in municipalities
pursuant to section fifty-five of the highway law, expenses  of  control
of  snow and ice on state highways by municipalities pursuant to section
twelve of the highway law, and  for  expenses  of  arterial  maintenance
agreements  with  cities pursuant to section three hundred forty-nine of
the highway law; personal services,  NONPERSONAL  SERVICES,  and  fringe
benefit  costs  of  the  department  of  transportation  for  bus safety
inspection activities, RAIL  SAFETY  INSPECTION  ACTIVITIES,  AND  TRUCK
SAFETY  INSPECTION  ACTIVITIES;  costs of engineering and administrative
services of the department of transportation, including but not  limited
to  fringe  benefits; the contract services provided by private firms in
accordance with section fourteen of  the  transportation  law;  personal
services  and  nonpersonal  services,  for  activities including but not
limited to the preparation of designs, plans, specifications  and  esti-
mates;  construction  management  and  supervision  activities; costs of
appraisals, surveys, testing and  environmental  impact  statements  for
transportation  projects;  expenses in connection with buildings, equip-
ment, materials and facilities used or useful  in  connection  with  the
maintenance,  operation,  and  repair  of highways, parkways and bridges
thereon; and project costs for:  construction, reconstruction,  improve-
ment,  reconditioning  and  preservation  of rail freight facilities and
intercity rail passenger facilities and equipment; construction,  recon-
struction, improvement, reconditioning and preservation of state, munic-
ipal  and  privately owned ports; construction, reconstruction, improve-
ment, reconditioning and preservation of municipal  airports;  privately
owned airports and aviation capital facilities, excluding airports oper-
ated  by the state or operated by a bi-state municipal corporate instru-
mentality for which  federal  funding  is  not  available  provided  the

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project  is  consistent  with  an  approved  airport  layout  plan;  and
construction,  reconstruction,  enhancement,  improvement,  replacement,
reconditioning,  restoration,  rehabilitation and preservation of state,
county,  town,  city  and village roads, highways, parkways and bridges;
and construction, reconstruction, improvement, reconditioning and  pres-
ervation  of  fixed  ferry  facilities  of municipal and privately owned
ferry lines for transportation purposes, and the payment of debt service
required on any bonds, notes or other obligations and  related  expenses
for highway, parkway, bridge and project costs for: construction, recon-
struction,  improvement, reconditioning and preservation of rail freight
facilities  and  intercity  rail  passenger  facilities  and  equipment;
construction,  reconstruction, improvement, reconditioning and preserva-
tion of state, municipal and privately owned ports; construction, recon-
struction, improvement, reconditioning  and  preservation  of  municipal
airports;  privately  owned  airports  and  aviation capital facilities,
excluding airports operated by the  state  or  operated  by  a  bi-state
municipal  corporate  instrumentality  for  which federal funding is not
available provided the project is consistent with  an  approved  airport
layout  plan;  construction,  reconstruction,  enhancement, improvement,
replacement, reconditioning, restoration, rehabilitation  and  preserva-
tion  of state, county, town, city and village roads, highways, parkways
and bridges; and construction, reconstruction, improvement, recondition-
ing and preservation of fixed ferry facilities of municipal and private-
ly owned ferry lines for transportation purposes, purposes authorized on
or after the effective date of this section.  Beginning  with  disburse-
ments  made  on and after the first day of April, nineteen hundred nine-
ty-three, moneys in such fund shall be available to pay  such  costs  or
expenses made pursuant to appropriations or reappropriations made during
the  state  fiscal  year  which  began  on  the first of April, nineteen
hundred ninety-two. Beginning the first day of April,  nineteen  hundred
ninety-three,  moneys  in  such fund shall also be used for transfers to
the general debt service fund and the revenue bond tax fund  of  amounts
equal  to  that respectively required for service contract and financing
agreement payments as provided and authorized by section  three  hundred
eighty  of  the  public authorities law, section eleven of chapter three
hundred twenty-nine of the  laws  of  nineteen  hundred  ninety-one,  as
amended, and sections sixty-eight-c and sixty-nine-o of this chapter.
  S  12.    This  act  shall  take effect immediately, provided that the
amendments to paragraph (a) of subdivision 3  of  section  89-b  of  the
state  finance law made by section eight of this act shall be subject to
the expiration and reversion of such paragraph pursuant to section 13 of
part U1 of chapter 62 of the laws of 2003, as amended,  when  upon  such
date  the  provisions of section nine of this act shall take effect; and
provided further that the amendments to paragraph a of subdivision 5  of
section  89-b  of  the state finance law made by section ten of this act
shall be subject to the  expiration  and  reversion  of  such  paragraph
pursuant  to  section  2 of part B of chapter 84 of the laws of 2002, as
amended, when upon such date the provisions of section  eleven  of  this
act shall take effect.

                                 PART D

  Section  1.  Section  2  of  part D of chapter 58 of the laws of 2013,
relating to the hours of operation of the department of  motor  vehicles
and providing for the repeal of such provisions upon expiration thereof,
is amended to read as follows:

S. 6357--A                         16                         A. 8557--A

  S  2.  This act shall take effect immediately [and shall expire and be
deemed repealed two years after such date].
  S 2. This act shall take effect immediately.

                                 PART E

  Section  1.  The  article  heading  of article 12-C of the vehicle and
traffic law, as added by chapter 751 of the laws of 2005, is amended  to
read as follows:
                ACCIDENT PREVENTION COURSE INTERNET, AND
                    OTHER TECHNOLOGY [PILOT] PROGRAM
  S  2.  Sections  399-m  and  399-o  of the vehicle and traffic law are
REPEALED.
  S 3. Sections 399-k and 399-l of the vehicle and traffic law, as added
by chapter 751 of the laws of 2005, are amended to read as follows:
  S  399-k.  Accident  prevention  course  internet  technology  [pilot]
program.  The commissioner shall establish and implement a comprehensive
[pilot] program to [review and study] ALLOW internet, and other technol-
ogies  as  approved  by  the  commissioner, as a training method for the
administration and completion of an approved accident prevention  course
for the purposes of granting point and insurance premium reduction bene-
fits.
  S  399-l.  Application.  Applicants  for  participation in the [pilot]
program established pursuant to this article shall be among those  acci-
dent  prevention  course sponsoring agencies that have a course approved
by the commissioner pursuant to article twelve-B of this title [prior to
the effective date of this article and which deliver] AND HAVE SATISFAC-
TORILY DELIVERED such course to the public FOR A PERIOD OF ONE YEAR  AND
CONTINUE  TO  DELIVER  SUCH COURSE, UNLESS EXEMPTED BY THE COMMISSIONER.
[Provided, however, the commissioner may,  in  his  or  her  discretion,
approve  applications  after  such  date.]  In  order to be approved for
participation in such [pilot] program, the course must comply  with  the
provisions  of  law,  rules  and  regulations  applicable thereto.   The
commissioner may, in his  or  her  discretion,  impose  a  fee  for  the
submission  of  each  application  to participate in the [pilot] program
established pursuant to this article. Such fee shall  not  exceed  seven
thousand  five  hundred  dollars.  The  proceeds  from such fee shall be
deposited in the accident prevention course internet technology  [pilot]
program  fund  as  established  by  section  eighty-nine-g  of the state
finance law.
  S 4. Subdivision 2 of section 399-n of the vehicle and traffic law, as
added by chapter 751 of the laws of 2005, is amended to read as follows:
  2. The commissioner is authorized to impose a fee upon  each  accident
prevention  course  sponsoring  agency approved for participation in the
[pilot] program, which shall not exceed eight dollars for  each  student
who  completes  an  accident  prevention  course by means of the [pilot]
program established pursuant to this article.
  S 5. The section heading, subdivisions 1 and 3 of section 89-g of  the
state  finance  law,  as  added  by chapter 751 of the laws of 2005, are
amended to read as follows:
  Accident prevention course  internet,  and  other  technology  [pilot]
program fund. 1. There is hereby established in the joint custody of the
state comptroller and the commissioner of taxation and finance a special
fund  to be known as the "accident prevention course internet, and other
technology [pilot] program fund".

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  3. The moneys in the accident prevention course  internet,  and  other
technology  [pilot] program fund shall be kept separate and shall not be
commingled with any other moneys in the custody of the  commissioner  of
taxation and finance and the state comptroller.
  S 6. Section 5 of chapter 751 of the laws of 2005, amending the insur-
ance  law  and the vehicle and traffic law, relating to establishing the
accident prevention course internet technology pilot program, is amended
to read as follows:
  S 5. This act shall take effect on the one hundred eightieth day after
it shall have become a law [and shall expire and be deemed repealed five
years after the date that the accident prevention course  internet,  and
other  technology  pilot  program  is established and implemented by the
commissioner of motor vehicles pursuant to article 12-C of  the  vehicle
and  traffic  law, as added by section three of this act]; provided that
any rules and regulations necessary to implement the provisions of  this
act on its effective date are authorized and directed to be completed on
or  before  such  date;  and provided, further, that the commissioner of
motor vehicles shall notify the legislative bill drafting commission  of
the  date  he  or she establishes and implements the accident prevention
course internet technology pilot program pursuant to article 12-C of the
vehicle and traffic law, as added by section three of this act, in order
that such commission may maintain an accurate and timely effective  data
base of the official text of the laws of the state of New York in furth-
erance  of effecting the provisions of section 44 of the legislative law
and section 70-b of the public officers law.
  S 7. This act shall take effect immediately;  provided  that  sections
one through five of this act shall take effect May 18, 2014.

                                 PART F

  Section  1.  Subdivision 3 of section 510-a of the vehicle and traffic
law is amended by adding a new paragraph (f) to read as follows:
  (F) A COMMERCIAL DRIVER'S LICENSE SHALL BE SUSPENDED  BY  THE  COMMIS-
SIONER  IF  THE  HOLDER  FAILS  TO  AMEND THE LICENSE TO ADD OR REMOVE A
LICENSE RESTRICTION AS DIRECTED BY  THE  COMMISSIONER.  SUCH  SUSPENSION
SHALL  REMAIN  IN  EFFECT  UNTIL  THE  HOLDER OF THE COMMERCIAL DRIVER'S
LICENSE AMENDS HIS OR HER LICENSE AS DIRECTED BY THE  COMMISSIONER.  THE
COMMISSIONER  SHALL  DIRECT  THE  HOLDER  OF  SUCH  COMMERCIAL  DRIVER'S
LICENSE, BY FIRST CLASS MAIL TO THE ADDRESS OF SUCH PERSON ON FILE  WITH
THE  DEPARTMENT  OR AT THE CURRENT ADDRESS PROVIDED BY THE UNITED STATES
POSTAL SERVICE, TO AMEND HIS  OR  HER  COMMERCIAL  DRIVER'S  LICENSE  BY
ADDING  OR  REMOVING  A SPECIFIED RESTRICTION, AND THAT FAILURE TO AMEND
SUCH LICENSE AS DIRECTED SHALL RESULT IN THE SUSPENSION OF  HIS  OR  HER
COMMERCIAL DRIVER'S LICENSE NO EARLIER THAN THIRTY DAYS FROM THE DATE OF
THE NOTICE TO SUCH HOLDER.
  S 2. Subdivision 1-a of section 509 of the vehicle and traffic law, as
added  by  section  1  of  part  J of chapter 59 of the laws of 2006, is
amended to read as follows:
  1-a. Whenever a license is required  to  operate  a  commercial  motor
vehicle,  no person shall operate a commercial motor vehicle without the
proper endorsements for the specific vehicle being operated or  for  the
passengers  or  type  of  cargo being transported; OR WITHOUT THE PROPER
RESTRICTIONS OR WITH RESTRICTIONS THAT ARE INAPPLICABLE TO  OR  INAPPRO-
PRIATE FOR THE HOLDER FOR HIS OR HER OPERATION OF COMMERCIAL MOTOR VEHI-
CLES.
  S 3. This act shall take effect immediately.

S. 6357--A                         18                         A. 8557--A

                                 PART G

  Section 1. Section 2985 of title 11 of article 9 of the public author-
ities law is designated title 11-A and such title is amended by adding a
new title heading to read as follows:
                            TOLL COLLECTIONS
  S  2.  Subdivision 1 of section 2985 of the public authorities law, as
added by chapter 379 of the laws of 1992, is amended to read as follows:
  1. Notwithstanding any other provision of law, every public  authority
which  operates  a  toll highway bridge and/or tunnel facility is hereby
authorized and empowered to impose monetary liability [on the owner of a
vehicle] for failure [of an operator thereof] to comply  with  the  toll
collection  regulations  of such public authority in accordance with the
provisions of this section.
  S 3. Subdivision 3 of section 2985 of the public authorities  law,  as
added by chapter 379 of the laws of 1992, is amended to read as follows:
  3.  For  purposes  of  this  section,  the term "owner" shall mean any
person, corporation, partnership, firm, agency, association,  lessor  or
organization who, at the time of the violation OR WHEN THE OBLIGATION TO
PAY  THE  TOLL IS INCURRED and with respect to the vehicle identified in
the notice of liability: (a) is the beneficial  or  equitable  owner  of
such vehicle; or (b) has title to such vehicle; or (c) is the registrant
or co-registrant of such vehicle which is registered with the department
of motor vehicles of this state or any other state, territory, district,
province,  nation  or  other jurisdiction; or (d) subject to the limita-
tions set forth in subdivision ten of this section, uses such vehicle in
its vehicle renting and/or leasing business; and includes (e)  a  person
entitled  to  the  use and possession of a vehicle subject to a security
interest in another person. For  purposes  of  this  section,  the  term
"photo-monitoring  system" shall mean a vehicle sensor installed to work
in conjunction with  a  toll  collection  facility  which  automatically
produces  one or more photographs, one or more microphotographs, a vide-
otape or other recorded images of each vehicle at the time it is used or
operated in [violation of toll collection regulations] OR  UPON  A  TOLL
FACILITY.  For purposes of this section, the term "toll collection regu-
lations"  shall  mean: those rules and regulations of a public authority
providing  for  and  requiring  the  payment  of  tolls  and/or  charges
prescribed  by  such public authority for the use of bridges, tunnels or
highways under its jurisdiction or those  rules  and  regulations  of  a
public  authority  making it unlawful to refuse to pay or to evade or to
attempt to evade the payment of all or part of any  toll  and/or  charge
for  the  use  of bridges, tunnels or highways under the jurisdiction of
such public authority. For purposes of this section, the term  "vehicle"
shall  mean every device in, upon or by which a person or property is or
may be transported or drawn upon a highway, except devices  used  exclu-
sively upon stationary rails or tracks.
  S  4.  Subdivision 4 of section 2985 of the public authorities law, as
added by chapter 379 of the laws of 1992, is amended to read as follows:
  4. A certificate, sworn to or affirmed  by  an  agent  of  the  public
authority  which  charged  that  the  violation occurred, or a facsimile
thereof, based upon inspection of [photographs, microphotographs,  vide-
otape or other recorded images] DATA OR IMAGES produced by [a photo-mon-
itoring]  AN  ELECTRONIC  TOLL  COLLECTION system OR OTHER RECORDS MAIN-
TAINED BY OR ON BEHALF OF THE PUBLIC AUTHORITY REGARDING TOLL VIOLATIONS
shall be prima facie evidence of the facts contained therein  and  shall
be  admissible in any proceeding charging a violation of toll collection

S. 6357--A                         19                         A. 8557--A

regulations, provided that any [photographs, microphotographs, videotape
or other recorded images] SUCH DATA, IMAGES, OR RECORDS evidencing  such
a  violation  shall  be  available  for  inspection  and  admission into
evidence  in  any  proceeding  to  adjudicate  the  liability  for  such
violation.
  S 5. Subdivision 5 of section 2985 of the public authorities  law,  as
added by chapter 379 of the laws of 1992, is amended to read as follows:
  5.  An  owner  found  liable  for a violation of toll collection regu-
lations pursuant to this section shall for a first violation thereof  be
liable  for  THE FULL AMOUNT OF THE ASSESSED TOLLS AND OTHER CHARGES AND
FEES IN ADDITION TO a monetary penalty not to exceed [fifty] ONE HUNDRED
dollars or two times the toll evaded whichever is greater; for a  second
violation  thereof  both  within  eighteen months be liable for THE FULL
AMOUNT OF THE ASSESSED TOLLS AND OTHER CHARGES AND FEES IN ADDITION TO a
monetary penalty not to exceed [one] TWO hundred dollars or  five  times
the  toll  evaded  whichever  is  greater;  for  a  third  or subsequent
violation thereof all within eighteen months  be  liable  for  THE  FULL
AMOUNT OF THE ASSESSED TOLLS AND OTHER CHARGES AND FEES IN ADDITION TO a
monetary  penalty  not  to exceed [one] THREE hundred [fifty] dollars or
ten times the toll evaded whichever is greater.
  S 6. Paragraphs (a), (b) and (d) of subdivision 7 of section  2985  of
the public authorities law, as added by chapter 379 of the laws of 1992,
are amended to read as follows:
  (a)  A  notice  of liability shall be sent by first class mail to each
person alleged to be  liable  as  an  owner  for  a  violation  of  toll
collection regulations. Such notice shall be mailed no later than [thir-
ty] ONE HUNDRED TWENTY days after the alleged violation. Personal deliv-
ery  on the owner shall not be required. A manual or automatic record of
mailing prepared in the ordinary course of business shall be prima facie
evidence of the mailing of the notice.
  (b) A notice of liability shall contain the name and  address  of  the
person  alleged  to  be  liable  as  an  owner  for  a violation of toll
collection regulations pursuant to this section, the registration number
AND STATE OF REGISTRATION of the vehicle involved in such violation, the
[location where such violation took place, the date and time] LOCATIONS,
DATES AND TIMES of EACH USE OF THE FACILITY THAT FORMS THE BASIS OF such
violation, THE AMOUNT OF THE ASSESSED TOLLS AND OTHER CHARGES AND  FEES,
and  the identification number of the [photo-monitoring] ELECTRONIC TOLL
COLLECTION system which recorded the [violation] VEHICLE BEING  USED  OR
OPERATED ON THE TOLL FACILITY or other document locator number.
  (d)  The  notice  of  liability  shall be prepared and mailed by OR ON
BEHALF OF the public authority having jurisdiction over the toll facili-
ty where the violation of toll collection regulations occurred.
  S 7. Subdivision 8 of section 2985 of the public authorities  law,  as
added by chapter 379 of the laws of 1992, is amended to read as follows:
  8.  Adjudication  of the liability imposed upon owners by this section
shall be by the entity having jurisdiction over violations of the  rules
and  regulations of the public authority serving the notice of liability
or where authorized by an administrative  tribunal  and  all  violations
shall  be  heard  and determined in the county in which the violation is
alleged to have occurred, or in New York city and upon  the  consent  of
both  parties,  in  any  county within New York city in which the public
authority operates or maintains a facility, and in the  same  manner  as
charges  of  other  regulatory  violations  of  such public authority or
pursuant to the rules and regulations of such administrative tribunal as
the case may be. THE ENTITY OR ADMINISTRATIVE TRIBUNAL THAT  ADJUDICATES

S. 6357--A                         20                         A. 8557--A

LIABILITY  FOR A VIOLATION SHALL COLLECT THE FULL AMOUNT OF THE ASSESSED
TOLLS AND OTHER CHARGES AND FEES IN ADDITION  TO  THE  MONETARY  PENALTY
OWED,  AND SHALL PAY TO THE PUBLIC AUTHORITY WHOSE TOLL COLLECTION REGU-
LATIONS  WERE  VIOLATED  THE FULL AMOUNT OF THE ASSESSED TOLLS AND OTHER
CHARGES AND FEES AND ONE-HALF OF THE MONETARY PENALTY.
  S 8. Subdivision 10 of section 2985 of the public authorities law,  as
amended  by  chapter  666  of  the  laws  of 1993, is amended to read as
follows:
  10. An owner who is a lessor of a vehicle to which a notice of liabil-
ity was issued pursuant to subdivision seven of this section  shall  not
be  liable  for the violation of the toll collection regulation provided
that he or she sends to the public  authority  [serving  the  notice  of
liability  and  to the court or other entity having jurisdiction] OR ITS
DULY AUTHORIZED AGENT FOR THIS PURPOSE a copy of the  rental,  lease  or
other  such  contract document covering such vehicle on the date of [the
violation] USE OF A TOLL FACILITY, with the  name  and  address  of  the
lessee   clearly  legible,  within  thirty  days  after  receiving  [the
original] notice of  [liability]  USE  OF  THE  TOLL  FACILITY  BY  SUCH
VEHICLE.    Failure to send such information within such thirty day time
period shall render the lessor liable for the penalty prescribed by this
section. Where the lessor complies with the provisions of this  subdivi-
sion,  the lessee of such vehicle on the date of such [violation] USE OF
THE TOLL FACILITY shall be deemed to be the owner of  such  vehicle  for
purposes  of  this  section  and  shall  be subject to liability for the
violation of toll collection  regulations[,  provided  that  the  public
authority  mails  a  notice  of  liability to the lessee within ten days
after the court, or other entity having jurisdiction, deems  the  lessee
to  be  the  owner].  For purposes of this subdivision the term "lessor"
shall mean any person, corporation, firm, partnership,  agency,  associ-
ation  or  organization  engaged  in  the business of renting or leasing
vehicles to any lessee under a  rental  agreement,  lease  or  otherwise
wherein  the  said  lessee has the exclusive use of said vehicle for any
period of time. For purposes of  this  subdivision,  the  term  "lessee"
shall  mean  any person, corporation, firm, partnership, agency, associ-
ation or organization that rents, leases or contracts for the use of one
or more vehicles and has exclusive use thereof for any period of time.
  S 9. Subdivision 11 of section 2985 of the public authorities law,  as
added by chapter 379 of the laws of 1992, is amended to read as follows:
  11. Except as provided in subdivision ten of this section, if a person
receives  a  notice  of liability pursuant to this section it shall be a
valid defense to an allegation of liability  for  a  violation  of  toll
collection  regulations  that  the individual who received the notice of
liability pursuant to this section was not the owner of the  vehicle  at
the time the [violation occurred] OBLIGATION FOR PAYMENT OF THE TOLL AND
OTHER CHARGES WAS INCURRED.  If the owner liable for a violation of toll
collection  regulations pursuant to this section was not the operator of
the vehicle at the time of the violation,  the  owner  may  maintain  an
action for indemnification against the operator.
  S 10. Subdivision 12 of section 2985 of the public authorities law, as
added by chapter 379 of the laws of 1992, is amended to read as follows:
  12.  "Electronic  toll  collection  system"  shall  mean  a  system of
collecting tolls or OTHER charges  [which  is  capable  of  charging  an
account  holder the appropriate toll or charge by transmission of infor-
mation from an electronic device on a motor vehicle to  the  toll  lane,
which  information is used to charge the account the appropriate toll or
charge] USING ELECTRONIC DATA AND IMAGES.   In adopting  procedures  for

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the preparation and mailing of a notice of liability, the public author-
ity having jurisdiction over the toll facility shall adopt guidelines to
ensure  adequate  and  timely  notice  to all electronic toll collection
system  account  holders  to  inform them when their accounts are delin-
quent. An owner who is an  account  holder  under  the  electronic  toll
collection  system  shall  not  be  found liable for a violation of this
section unless such authority has first sent a notice of delinquency  to
such account holder and the account holder was in fact delinquent at the
time of the violation.
  S 11. Section 2985 of the public authorities law is amended  by adding
three new subdivisions 15, 16 and 17 to read as follows:
  15.    IN  ADDITIONAL  TO  ANY  MONETARY LIABILITY THAT MAY BE IMPOSED
PURSUANT TO THIS SECTION, A PUBLIC AUTHORITY THAT OPERATES A TOLL  HIGH-
WAY,  BRIDGE  OR  TUNNEL  FACILITY IS HEREBY AUTHORIZED AND EMPOWERED TO
IMPOSE AN ADMINISTRATIVE FEE OR FEES ON AN  OWNER,  AN  OPERATOR  OR  AN
ACCOUNT HOLDER THAT HAS VIOLATED TOLL COLLECTION REGULATIONS.
  16.  ANY  NOTICE REQUIRED TO BE SENT PURSUANT TO THIS SECTION BY FIRST
CLASS MAIL MAY INSTEAD BE SENT, WITH CONSENT,  BY  ELECTRONIC  MEANS  OF
COMMUNICATION. A MANUAL OR AUTOMATIC RECORD OF ELECTRONIC COMMUNICATIONS
PREPARED  IN THIS ORDINARY COURSE OF BUSINESS SHALL BE ADEQUATE EVIDENCE
OF ELECTRONIC NOTICE.
  17. THE NEW YORK STATE THRUWAY AUTHORITY AND THE NEW YORK STATE BRIDGE
AUTHORITY ARE AUTHORIZED TO ADOPT RULES AND REGULATIONS TO ESTABLISH  AN
ADMINISTRATIVE  TRIBUNAL  TO  ADJUDICATE  THE  LIABILITY  OF  OWNERS FOR
VIOLATION OF TOLL COLLECTION REGULATIONS AS DEFINED IN AND IN ACCORDANCE
WITH THE PROVISIONS OF THIS SECTION AND THE APPLICABLE TOLL  REGULATIONS
OF SUCH AUTHORITIES. SUCH TRIBUNAL SHALL HAVE, WITH RESPECT TO VIOLATION
OF TOLL COLLECTION REGULATIONS OF SUCH AUTHORITIES, NON-EXCLUSIVE JURIS-
DICTION OVER VIOLATIONS OF THE RULES AND REGULATIONS WHICH MAY FROM TIME
TO  TIME  BE  ESTABLISHED  BY  SUCH  AUTHORITIES  IN ACCORDANCE WITH THE
PROVISIONS OF THIS SECTION. VIOLATIONS SHALL BE HEARD AND DETERMINED  IN
THE  COUNTY IN WHICH THE VIOLATION IS ALLEGED TO HAVE OCCURRED OR IN THE
COUNTY IN WHICH THE PUBLIC AUTHORITY HAS ITS PRIMARY OR REGIONAL  ADMIN-
ISTRATIVE  OFFICES  AND REGULATIONS MAY PROVIDE FOR THE CONDUCT OF HEAR-
INGS VIA VIDEOCONFERENCING.
  S 12. Subdivision 2 of section  87  of  the  public  officers  law  is
amended by adding a new paragraph (n) to read as follows:
  (N)  ARE  DATA  OR  IMAGES  PRODUCED  BY AN ELECTRONIC TOLL COLLECTION
SYSTEM UNDER AUTHORITY OF SECTION TWO THOUSAND NINE HUNDRED  EIGHTY-FIVE
OF THE PUBLIC AUTHORITIES LAW.
  S  13.  Subdivision 4-d of section 510 of the vehicle and traffic law,
as added by chapter 379 of the laws of  1992,  is  amended  to  read  as
follows:
  4-d. Suspension of registration for failure to answer or pay penalties
with  respect to certain violations. Upon the receipt of a notification,
IN THE MANNER AND FORM PRESCRIBED BY  THE  COMMISSIONER,  from  a  court
[or],  an  administrative  tribunal,  A  PUBLIC  AUTHORITY, OR ANY OTHER
PUBLIC ENTITY IMPOSING VIOLATIONS, that an  owner  of  a  motor  vehicle
failed  to  appear  on  the  return  date  or  dates or a new subsequent
adjourned date or dates or failed to pay any penalty imposed by a  court
or  failed to comply with the rules and regulations of an administrative
tribunal following entry of a final decision or decisions,  in  response
to  [five]  THREE  or more notices of liability or other process, issued
within an eighteen month period FROM ANY AND ALL JURISDICTIONS  charging
such owner with a violation of toll collection regulations in accordance
with  the provisions of section two thousand nine hundred eighty-five of

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the  public  authorities  law  or  sections  sixteen-a,  sixteen-b   and
sixteen-c  of chapter seven hundred seventy-four of the laws of nineteen
hundred fifty, OR OTHER COMPARABLE LAW, the commissioner or his  OR  HER
agent shall suspend the registration of the vehicle or vehicles involved
in  the  violation  or  the  privilege of operation of any motor vehicle
owned by the registrant. Such suspension shall take effect no less  than
thirty days from the date on which notice thereof is sent by the commis-
sioner  to  the  person whose registration or privilege is suspended and
shall remain in effect until such registrant has appeared in response to
such notices of liability or has paid such penalty or in the case of  an
administrative  tribunal, the registrant has complied with the rules and
regulations following the entry of a final decision or decisions.
  S 14. Subdivision 8 of section 402 of the vehicle and traffic law,  as
amended  by  chapter 61 of the laws of 1989 and as renumbered by chapter
648 of the laws of 2006, is amended and a new subdivision 9 is added  to
read as follows:
  8.  [The]  EXCEPT AS PROVIDED IN SUBDIVISION NINE OF THIS SECTION, THE
violation of this section shall be punishable by a fine of not less than
twenty-five nor more than two hundred dollars.
  9. THE VIOLATION OF THIS SECTION ON  A  TOLL  HIGHWAY,  BRIDGE  AND/OR
TUNNEL  FACILITY  SHALL  BE  PUNISHABLE  BY  A FINE OF NOT LESS THAN ONE
HUNDRED NOR MORE THAN FIVE HUNDRED DOLLARS.
  S 15. Subparagraph (i) of paragraph a of subdivision  5-a  of  section
401  of  the vehicle and traffic law, as amended by section 9 of chapter
189 of the laws of 2013, is amended to read as follows:
  (i) If at the time of application for a registration or renewal there-
of there is a certification from a  court,  parking  violations  bureau,
traffic  and  parking  violations  agency  or administrative tribunal of
appropriate jurisdiction  [or  administrative  tribunal  of  appropriate
jurisdiction] that the registrant or his or her representative failed to
appear  on the return date or any subsequent adjourned date or failed to
comply with the rules and  regulations  of  an  administrative  tribunal
following  entry  of a final decision in response to a total of three or
more summonses or other process in the aggregate, issued within an eigh-
teen month period, charging either that:  (i)  such  motor  vehicle  was
parked, stopped or standing, or that such motor vehicle was operated for
hire  by  the registrant or his or her agent without being licensed as a
motor vehicle for hire by the appropriate local authority, in  violation
of  any of the provisions of this chapter or of any law, ordinance, rule
or regulation made by a local authority;  or  (ii)  the  registrant  was
liable  in accordance with section eleven hundred eleven-a of this chap-
ter or section eleven hundred eleven-b of this chapter for  a  violation
of  subdivision (d) of section eleven hundred eleven of this chapter; or
(iii) the registrant  was  liable  in  accordance  with  section  eleven
hundred  eleven-c  of  this  chapter  for  a  violation  of  a  bus lane
restriction as defined in such  section,  or  (iv)  the  registrant  was
liable  in accordance with section eleven hundred eighty-b of this chap-
ter for a violation of subdivision (c) or (d) of section eleven  hundred
eighty  of  this chapter; OR (V) THE REGISTRANT WAS LIABLE IN ACCORDANCE
WITH SECTION TWO THOUSAND NINE HUNDRED EIGHTY-FIVE OF THE PUBLIC AUTHOR-
ITIES LAW OR SECTIONS SIXTEEN-A, SIXTEEN-B OR SIXTEEN-C OF CHAPTER SEVEN
HUNDRED SEVENTY-FOUR OF THE LAWS OF NINETEEN HUNDRED FIFTY, the  commis-
sioner or his or her agent shall deny the registration or renewal appli-
cation  until  the  applicant provides proof from the court, traffic and
parking violations agency or administrative tribunal wherein the charges
are pending that an appearance or answer has been made or in the case of

S. 6357--A                         23                         A. 8557--A

an administrative tribunal that he or she has complied  with  the  rules
and  regulations  of  said tribunal following entry of a final decision.
Where an application is denied pursuant to this section, the commission-
er  may, in his or her discretion, deny a registration or renewal appli-
cation to any other person for the same vehicle and may deny a registra-
tion or renewal application for any other motor  vehicle  registered  in
the  name  of  the  applicant where the commissioner has determined that
such registrant's intent has been to evade the purposes of this subdivi-
sion and where the commissioner has reasonable grounds to  believe  that
such  registration  or  renewal  will  have  the effect of defeating the
purposes of this subdivision. Such denial shall only remain in effect as
long as the summonses remain unanswered, or in the case of  an  adminis-
trative  tribunal,  the  registrant  fails  to comply with the rules and
regulations following entry of a final decision.
  S 15-a. Paragraph a of subdivision 5-a of section 401 of  the  vehicle
and traffic law, as amended by section 9-a of chapter 189 of the laws of
2013, is amended to read as follows:
  a. If at the time of application for a registration or renewal thereof
there  is  a  certification  from  a court or administrative tribunal of
appropriate jurisdiction that the registrant or  his  or  her  represen-
tative  failed  to appear on the return date or any subsequent adjourned
date or failed to comply with the rules and regulations of  an  adminis-
trative  tribunal  following  entry of a final decision in response to a
total of three or more summonses or  other  process  in  the  aggregate,
issued  within  an eighteen month period, charging either that: (i) such
motor vehicle was parked, stopped or standing, or that such motor  vehi-
cle  was operated for hire by the registrant or his or her agent without
being licensed as a motor vehicle for  hire  by  the  appropriate  local
authority,  in  violation of any of the provisions of this chapter or of
any law, ordinance, rule or regulation made by  a  local  authority;  or
(ii) the registrant was liable in accordance with section eleven hundred
eleven-b  of  this chapter for a violation of subdivision (d) of section
eleven hundred eleven of this  chapter;  or  (iii)  the  registrant  was
liable  in accordance with section eleven hundred eleven-c of this chap-
ter for a violation of  a  bus  lane  restriction  as  defined  in  such
section;  or  (iv)  the registrant was liable in accordance with section
eleven hundred eighty-b of this chapter for a violation  of  subdivision
(b), (c), (d), (f) or (g) of section eleven hundred eighty of this chap-
ter;  OR  (V)  THE  REGISTRANT WAS LIABLE IN ACCORDANCE WITH SECTION TWO
THOUSAND NINE HUNDRED EIGHTY-FIVE  OF  THE  PUBLIC  AUTHORITIES  LAW  OR
SECTIONS  SIXTEEN-A,  SIXTEEN-B  OR  SIXTEEN-C  OF CHAPTER SEVEN HUNDRED
SEVENTY-FOUR OF THE LAWS OF NINETEEN HUNDRED FIFTY, the commissioner  or
his  or  her  agent  shall  deny the registration or renewal application
until the applicant provides proof  from  the  court  or  administrative
tribunal  wherein  the  charges are pending that an appearance or answer
has been made or in the case of an administrative tribunal  that  he  or
she has complied with the rules and regulations of said tribunal follow-
ing  entry  of a final decision. Where an application is denied pursuant
to this section, the commissioner may, in his or her discretion, deny  a
registration  or  renewal  application  to any other person for the same
vehicle and may deny a registration or renewal application for any other
motor vehicle registered in the name of the applicant where the  commis-
sioner  has  determined  that such registrant's intent has been to evade
the purposes of this subdivision and where the commissioner has  reason-
able  grounds to believe that such registration or renewal will have the
effect of defeating the purposes of this subdivision. Such denial  shall

S. 6357--A                         24                         A. 8557--A

only  remain in effect as long as the summonses remain unanswered, or in
the case of an administrative tribunal, the registrant fails  to  comply
with the rules and regulations following entry of a final decision.
  S  15-b.  Paragraph a of subdivision 5-a of section 401 of the vehicle
and traffic law, as amended by section 9-b of chapter 189 of the laws of
2013, is amended to read as follows:
  a. If at the time of application for a registration or renewal thereof
there is a certification from a  court  or  administrative  tribunal  of
appropriate  jurisdiction  that  the  registrant or his or her represen-
tative failed to appear on the return date or any  subsequent  adjourned
date  or  failed to comply with the rules and regulations of an adminis-
trative tribunal following entry of a  final  decision  in  response  to
three  or  more  summonses  or  other process, issued within an eighteen
month period, charging that such motor vehicle was  parked,  stopped  or
standing, or that such motor vehicle was operated for hire by the regis-
trant  or his or her agent without being licensed as a motor vehicle for
hire by the appropriate local authority, in  violation  of  any  of  the
provisions  of this chapter or of any law, ordinance, rule or regulation
made by a local authority, or the registrant was  liable  in  accordance
with  section eleven hundred eleven-c of this chapter for a violation of
a bus lane restriction as defined in such section, or the registrant was
liable in accordance with section eleven hundred eighty-b of this  chap-
ter  for a violation of subdivision (b), (c), (d), (f) or (g) of section
eleven hundred eighty of this chapter, OR THE REGISTRANT WAS  LIABLE  IN
ACCORDANCE  WITH  SECTION  TWO  THOUSAND NINE HUNDRED EIGHTY-FIVE OF THE
PUBLIC AUTHORITIES LAW OR SECTIONS SIXTEEN-A, SIXTEEN-B OR SIXTEEN-C  OF
CHAPTER  SEVEN  HUNDRED  SEVENTY-FOUR  OF  THE  LAWS OF NINETEEN HUNDRED
FIFTY, the commissioner or his or her agent shall deny the  registration
or renewal application until the applicant provides proof from the court
or  administrative  tribunal  wherein  the  charges  are pending that an
appearance or answer has been made or in the case of  an  administrative
tribunal  that  he or she has complied with the rules and regulations of
said tribunal following entry of a final decision. Where an  application
is  denied pursuant to this section, the commissioner may, in his or her
discretion, deny a registration or  renewal  application  to  any  other
person  for  the  same  vehicle  and  may deny a registration or renewal
application for any other motor vehicle registered in the  name  of  the
applicant  where  the commissioner has determined that such registrant's
intent has been to evade the purposes of this subdivision and where  the
commissioner has reasonable grounds to believe that such registration or
renewal  will have the effect of defeating the purposes of this subdivi-
sion. Such denial shall only remain in effect as long as  the  summonses
remain  unanswered,  or  in  the case of an administrative tribunal, the
registrant fails to comply with  the  rules  and  regulations  following
entry of a final decision.
  S  15-c.  Paragraph a of subdivision 5-a of section 401 of the vehicle
and traffic law, as amended by section 9-c of chapter 189 of the laws of
2013, is amended to read as follows:
  a. If at the time of application for a registration or renewal thereof
there is a certification from a  court  or  administrative  tribunal  of
appropriate  jurisdiction  that  the  registrant  or  his representative
failed to appear on the return date or any subsequent adjourned date  or
failed  to  comply  with  the rules and regulations of an administrative
tribunal following entry of a final decision in  response  to  three  or
more summonses or other process, issued within an eighteen month period,
charging  that  such  motor  vehicle was parked, stopped or standing, or

S. 6357--A                         25                         A. 8557--A

that such motor vehicle was operated for hire by the registrant  or  his
agent  without  being licensed as a motor vehicle for hire by the appro-
priate local authority, in violation of any of the  provisions  of  this
chapter  or  of  any  law, ordinance, rule or regulation made by a local
authority, or the registrant was liable in accordance with section elev-
en hundred eighty-b of this chapter for violations of  subdivision  (b),
(c),  (d),  (f) or (g) of section eleven hundred eighty of this chapter,
OR THE REGISTRANT WAS LIABLE IN ACCORDANCE  WITH  SECTION  TWO  THOUSAND
NINE  HUNDRED  EIGHTY-FIVE  OF  THE  PUBLIC  AUTHORITIES LAW OR SECTIONS
SIXTEEN-A, SIXTEEN-B OR SIXTEEN-C OF CHAPTER SEVEN HUNDRED  SEVENTY-FOUR
OF  THE  LAWS  OF  NINETEEN HUNDRED FIFTY, the commissioner or his agent
shall deny the registration or renewal application until  the  applicant
provides  proof  from  the  court or administrative tribunal wherein the
charges are pending that an appearance or answer has been made or in the
case of an administrative tribunal that he has complied with  the  rules
and  regulations  of  said tribunal following entry of a final decision.
Where an application is denied pursuant to this section, the commission-
er may, in his discretion, deny a registration or renewal application to
any other person for the same vehicle and may  deny  a  registration  or
renewal  application  for any other motor vehicle registered in the name
of the applicant where the commissioner has determined that such  regis-
trant's  intent  has  been to evade the purposes of this subdivision and
where the commissioner has  reasonable  grounds  to  believe  that  such
registration  or  renewal will have the effect of defeating the purposes
of this subdivision. Such denial shall only remain in effect as long  as
the  summonses  remain  unanswered,  or in the case of an administrative
tribunal, the registrant fails to comply with the rules and  regulations
following entry of a final decision.
  S  15-d.  Paragraph a of subdivision 5-a of section 401 of the vehicle
and traffic law, as separately amended by chapters 339 and  592  of  the
laws of 1987, is amended to read as follows:
  a. If at the time of application for a registration or renewal thereof
there  is  a  certification  from  a court or administrative tribunal of
appropriate jurisdiction  that  the  registrant  or  his  representative
failed  to appear on the return date or any subsequent adjourned date or
failed to comply with the rules and  regulations  of  an  administrative
tribunal  following  entry  of  a final decision in response to three or
more summonses or other process, issued within an eighteen month period,
charging that such motor vehicle was parked,  stopped  or  standing,  or
that  such  motor vehicle was operated for hire by the registrant or his
agent without being licensed as a motor vehicle for hire by  the  appro-
priate  local  authority,  in violation of any of the provisions of this
chapter or of any law, ordinance, rule or regulation  made  by  a  local
authority,  OR  THE REGISTRANT WAS LIABLE IN ACCORDANCE WITH SECTION TWO
THOUSAND NINE HUNDRED EIGHTY-FIVE  OF  THE  PUBLIC  AUTHORITIES  LAW  OR
SECTIONS  SIXTEEN-A,  SIXTEEN-B  OR  SIXTEEN-C  OF CHAPTER SEVEN HUNDRED
SEVENTY-FOUR OF THE LAWS OF NINETEEN HUNDRED FIFTY, the commissioner  or
his  agent  shall deny the registration or renewal application until the
applicant provides proof from the court or administrative tribunal wher-
ein the charges are pending that an appearance or answer has  been  made
or  in  the case of an administrative tribunal that he has complied with
the rules and regulations of said tribunal following entry  of  a  final
decision.  Where  an application is denied pursuant to this section, the
commissioner may, in his discretion,  deny  a  registration  or  renewal
application  to  any  other  person  for the same vehicle and may deny a
registration or renewal application for any other motor  vehicle  regis-

S. 6357--A                         26                         A. 8557--A

tered in the name of the applicant where the commissioner has determined
that  such  registrant's  intent  has been to evade the purposes of this
subdivision and where the commissioner has reasonable grounds to believe
that  such registration or renewal will have the effect of defeating the
purposes of this subdivision. Such denial shall only remain in effect as
long as the summonses remain unanswered, or in the case of  an  adminis-
trative  tribunal,  the  registrant  fails  to comply with the rules and
regulations following entry of a final decision.
  S 16. The vehicle and traffic law is amended by adding a  new  section
518 to read as follows:
  S 518. RECIPROCAL AGREEMENTS CONCERNING SUSPENSION OR DENIAL OF REGIS-
TRATION  OF  A  MOTOR  VEHICLE  FOR  VIOLATIONS OF TOLL COLLECTION REGU-
LATIONS. 1. THE COMMISSIONER MAY EXECUTE A RECIPROCAL COMPACT OR  AGREE-
MENT  REGARDING  TOLL  COLLECTION  VIOLATIONS  WITH  THE  MOTOR  VEHICLE
ADMINISTRATOR OR OTHER AUTHORIZED OFFICIAL OF ANOTHER STATE  NOT  INCON-
SISTENT  WITH  THE PROVISIONS OF THIS CHAPTER. SUCH COMPACT OR AGREEMENT
SHALL PROVIDE THAT IF  A  REGISTRATION  OF  A  MOTOR  VEHICLE  WOULD  BE
SUSPENDED  PURSUANT TO SUBDIVISION FIVE-A OF SECTION FOUR HUNDRED ONE OF
THIS CHAPTER, OR PURSUANT TO A COMPARABLE LAW OR REGULATION  OF  ANOTHER
STATE,  OR  IF  THE  REGISTRATION OR RENEWAL OF A MOTOR VEHICLE WOULD BE
DENIED PURSUANT TO SUBDIVISION FOUR-D OF SECTION 510 OF THIS ARTICLE, OR
PURSUANT TO A COMPARABLE LAW OR REGULATION OF ANOTHER STATE, BECAUSE  AN
OWNER  OF  A  MOTOR  VEHICLE (A) FAILED TO APPEAR, (B) FAILED TO PAY ANY
PENALTY IMPOSED BY A COURT, OR (C) FAILED TO COMPLY WITH THE  RULES  AND
REGULATIONS  OF  AN  ADMINISTRATIVE  TRIBUNAL FOLLOWING ENTRY OF A FINAL
DECISION IN RESPONSE TO THREE OR MORE  NOTICES  OF  LIABILITY  OF  OTHER
PROCESS  ISSUED  WITHIN  AN EIGHTEEN-MONTH PERIOD IN ACCORDANCE WITH THE
PROVISIONS OF SECTION TWO  THOUSAND  NINE  HUNDRED  EIGHTY-FIVE  OF  THE
PUBLIC  AUTHORITIES  LAW  OR SECTIONS ONE THROUGH SIXTEEN AND SIXTEEN-A,
SIXTEEN-B AND SIXTEEN-C OF CHAPTER SEVEN  HUNDRED  SEVENTY-FOUR  OF  THE
LAWS OF NINETEEN HUNDRED FIFTY, OR WITH ANY COMPARABLE LAW OR REGULATION
OF ANOTHER STATE, THEN THE STATE ISSUING THE REGISTRATION SHALL LIKEWISE
SUSPEND THE REGISTRATION OR DENY THE REGISTRATION OR RENEWAL, UNTIL SUCH
REGISTRANT  OR  APPLICANT  HAS  APPEARED  IN RESPONSE TO SUCH NOTICES OF
LIABILITY, OR HAS PAID SUCH PENALTY, OR, IN THE CASE OF  AN  ADMINISTRA-
TIVE  TRIBUNAL,  THE REGISTRANT OR APPLICANT HAS COMPLIED WITH THE RULES
AND REGULATIONS FOLLOWING THE ENTRY OF A FINAL DECISION OR DECISIONS.
  2. SUCH COMPACT OR AGREEMENT SHALL ALSO PROVIDE SUCH TERMS AND  PROCE-
DURES AS ARE NECESSARY AND PROPER TO FACILITATE ITS ADMINISTRATION.  ANY
SUCH  COMPACT  OR  AGREEMENT SHALL SPECIFY THE VIOLATIONS SUBJECT TO THE
COMPACT OR AGREEMENT, AND SHALL INCLUDE A  DETERMINATION  OF  COMPARABLE
VIOLATIONS  IN  EACH STATE IF ANY SUCH VIOLATIONS ARE OF A SUBSTANTIALLY
SIMILAR NATURE BUT ARE NOT DENOMINATED OR  DESCRIBED  IN  PRECISELY  THE
SAME WORDS IN EACH PARTY STATE.
  3.  THE  WORD  "STATE" WHEN USED IN THIS SECTION SHALL MEAN ANY STATE,
TERRITORY, A POSSESSION OF THE UNITED STATES, DISTRICT  OF  COLUMBIA  OR
ANY PROVINCE OF CANADA.
  S  17.  Paragraph b of subdivision 2 of section 240 of the vehicle and
traffic law, as added by chapter 715 of the laws of 1972, is amended  to
read as follows:
  b.  No  charge  may  be  established  except upon proof by substantial
evidence; EXCEPT THAT FOR AN ALLEGATION OF LIABILITY IN ACCORDANCE  WITH
SECTION  TWO THOUSAND NINE HUNDRED EIGHTY-FIVE OF THE PUBLIC AUTHORITIES
LAW OR SECTIONS SIXTEEN-A, SIXTEEN-B  AND  SIXTEEN-C  OF  CHAPTER  SEVEN
HUNDRED  SEVENTY-FOUR  OF  THE LAWS OF NINETEEN HUNDRED FIFTY, NO CHARGE

S. 6357--A                         27                         A. 8557--A

MAY BE ESTABLISHED EXCEPT UPON PROOF BY  PREPONDERANCE  OF  EVIDENCE  AS
SUBMITTED.
  S  18.  Subdivision 3 of section 165.15 of the penal law is amended to
read as follows:
  3. With intent to obtain railroad, subway, bus, air, taxi or any other
public transportation service OR TO  USE  ANY  HIGHWAY,  PARKWAY,  ROAD,
BRIDGE  OR TUNNEL without payment of the lawful charge OR TOLL therefor,
or to avoid payment of the lawful charge OR TOLL for such transportation
service which has been rendered to him OR HER OR FOR  SUCH  USE  OF  ANY
HIGHWAY,  PARKWAY, ROAD, BRIDGE OR TUNNEL, he OR SHE obtains or attempts
to obtain such service OR USE or avoids or  attempts  to  avoid  payment
therefor  by  force,  intimidation,  stealth,  deception  or  mechanical
tampering, or by unjustifiable failure or refusal to pay; or
  S 19. Subdivision 10 of section 1209-a of the public authorities  law,
as  amended  by  chapter  379 of the laws of 1992, is amended to read as
follows:
  10. Funds. [All] EXCEPT FOR PENALTIES, EVADED TOLLS AND OTHER  CHARGES
COLLECTED  AND  PAID  TO  THE  TRIBOROUGH BRIDGE AND TUNNEL AUTHORITY IN
ACCORDANCE WITH THE PROVISIONS OF  SECTION  TWO  THOUSAND  NINE  HUNDRED
EIGHTY-FIVE  OF  THIS  CHAPTER,  ALL penalties collected pursuant to the
provisions of this section shall be paid to the authority to the  credit
of a transit crime fund which the authority shall establish. Any sums in
this fund shall be used to pay for programs selected by the board of the
authority,  in  its  discretion,  to  reduce the incidence of crimes and
infractions on transit facilities, or to improve the enforcement of laws
against such crimes and infractions. Such funds shall be in addition  to
and  not in substitution for any funds provided by the state or the city
of New York for such purposes.
  S 20. Section 1209-a of the  public  authorities  law  is  amended  by
adding a new subdivision 11 to read as follows:
  11.  NOTICE.  ANY NOTICE OR COMMUNICATION REQUIRED TO BE SENT PURSUANT
TO THIS SECTION BY REGISTERED MAIL OR CERTIFIED MAIL MAY INSTEAD BE SENT
BY FIRST CLASS MAIL OR, WITH CONSENT, BY ELECTRONIC  MEANS  OF  COMMUNI-
CATION.
  S 21. Section 2 of chapter 774 of the laws of 1950, relating to agree-
ing  with  the state of New Jersey with respect to rules and regulations
governing traffic on vehicular crossings operated by  the  port  of  New
York authority, is amended to read as follows:
  S  2.  No  traffic  shall  be permitted in or upon vehicular crossings
except upon the payment of such tolls and other charges as may from time
to time be prescribed by the port authority. It is hereby declared to be
unlawful for any person to refuse to pay, or to evade or to  attempt  to
evade the payment of such tolls or other charges.  THE OBLIGATION TO PAY
SUCH  TOLLS  AND  OTHER CHARGES IS INCURRED AT THE TIME OF ENTRY INTO OR
USE OF THE PARTICULAR VEHICULAR CROSSING.
  S 22. Section 16-a of chapter 774 of the laws  of  1950,  relating  to
agreeing  with  the  state of New Jersey with respect to rules and regu-
lations governing traffic on vehicular crossings operated by the port of
New York authority, as added by chapter 379 of  the  laws  of  1992,  is
amended to read as follows:
  S  16-a.  Owner  liability for failure of operator to comply with toll
collection regulations of the port authority. Notwithstanding any  other
provision  of  law  and  in  accordance with the provisions of [section]
SECTIONS 16-b AND 16-C of this act, an owner of a vehicle  may  be  held
liable  for  failure  of  an  operator  thereof  to comply with the toll
collection regulations of the port authority of New York and New  Jersey

S. 6357--A                         28                         A. 8557--A

(hereinafter  called  port  authority).  The owner of a vehicle shall be
liable pursuant to this section if such vehicle  was  used  or  operated
with  the  permission  of the owner, express or implied, in violation of
the  toll  collection  regulations  of  the  port  authority,  and  such
violation is evidenced by information obtained from  a  photo-monitoring
system,  provided,  however,  that no owner of a vehicle shall be liable
where the operator of such vehicle has been convicted of a violation  of
those toll collection regulations for the same incident.
  S  23.  Section  16-b  of chapter 774 of the laws of 1950, relating to
agreeing with the state of New Jersey with respect to  rules  and  regu-
lations governing traffic on vehicular crossings operated by the port of
New  York authority, as added by chapter 379 of the laws of 1992, subdi-
vision f as amended by chapter 666 of the laws of 1993,  is  amended  to
read as follows:
  S 16-b. Imposition of liability for failure of operator to comply with
toll  collection  regulations  of  the port authority. The liability set
forth in section 16-a of this act, shall be imposed upon an owner for  a
violation  by an operator of the toll collection regulations of the port
authority occurring within the territorial limits of the  state  of  New
York in accordance with the following:
  a. For the purposes of this section AND SECTIONS 16-A AND 16-C OF THIS
ACT,  the  term "owner" shall mean any person, corporation, partnership,
firm, agency, association, lessor, or organization who, at the  time  of
the  violation [in any city in which a vehicle is operated] OR THE OBLI-
GATION FOR PAYMENT OF THE TOLL CHARGES IS INCURRED:  (i) is the  benefi-
cial or equitable owner of such vehicle; or (ii) has title to such vehi-
cle;  or  (iii) is the registrant or co-registrant of such vehicle which
is registered with the department of motor vehicles of this state or any
other state, territory, district, province, nation  or  other  jurisdic-
tion;  or  (iv) subject to the limitations set forth in subdivision f of
this section, uses such vehicle in its vehicle  renting  and/or  leasing
business;  and  includes (v) a person entitled to the use and possession
of a vehicle subject to a security interest in another person.  For  the
purposes  of  this  section,  the term "operator" shall mean any person,
corporation, firm, partnership,  agency,  association,  organization  or
lessee that uses or operates a vehicle with or without the permission of
the  owner,  and  an  owner  who  operates his or her own vehicle.   FOR
PURPOSES OF THIS SECTION AND SECTION 16-A OF THIS ACT, THE  TERM  "ELEC-
TRONIC  TOLL COLLECTION SYSTEM" SHALL MEAN A SYSTEM FOR COLLECTING TOLLS
OR OTHER CHARGES USING ELECTRONIC DATA AND IMAGES. For purposes of  this
section,  the term "photo-monitoring system" shall mean a vehicle sensor
installed to work in conjunction with a toll collection  facility  which
automatically  produces one or more photographs, one or more microphoto-
graphs, a videotape, or other recorded images of  each  vehicle  at  the
time  it  is used or operated in [violation of the toll collection regu-
lations of the port authority] OR UPON VEHICULAR CROSSINGS  OPERATED  BY
THE  PORT  AUTHORITY. For purposes of this section AND SECTIONS 16-A AND
16-C OF THIS ACT, the term "toll  collection  regulations  of  the  port
authority" shall refer to the traffic regulations for interstate vehicu-
lar  crossings operated by the port authority as set forth in this chap-
ter and in chapter 192 of the laws of New Jersey of  1950,  and  specif-
ically  that  section  of  the  laws  which prohibits traffic in or upon
vehicular crossings operated by  the  port  authority  except  upon  the
payment  of  such  tolls  and  other charges as may from time to time be
prescribed by the port authority and which further makes it unlawful for
any person to refuse to pay, or to evade or  to  attempt  to  evade  the

S. 6357--A                         29                         A. 8557--A

payment  of  such  tolls or other charges.  For purposes of this section
AND SECTION 16-A OF THIS ACT, the term "vehicle" shall mean every device
in, upon, or by which a person or property is or may be  transported  or
drawn  upon  a highway[, except devices used exclusively upon stationary
rails or tracks].
  b. A certificate, sworn to or affirmed by an agent of the port author-
ity, or a facsimile thereof,  based  upon  inspection  of  [photographs,
microphotographs,  videotape  or  other  recorded images] DATA OR IMAGES
produced by [a photo-monitoring system] ITS ELECTRONIC  TOLL  COLLECTION
SYSTEM OR OTHER RECORDS MAINTAINED BY OR ON BEHALF OF THE PORT AUTHORITY
REGARDING  TOLL  VIOLATIONS  shall  be prima facie evidence of the facts
contained therein and shall be admissible in any proceeding  charging  a
violation of toll collection regulations of the port authority, provided
that  any  [photographs,  microphotographs,  videotape or other recorded
images] SUCH DATA, IMAGES, OR RECORDS evidencing such a violation  shall
be  available for inspection and admission into evidence in any proceed-
ing to adjudicate the liability for such violation.
  c. An imposition of liability pursuant to this section shall be  based
upon  a preponderance of evidence as submitted. An imposition of liabil-
ity pursuant to this section shall not be  deemed  a  conviction  of  an
operator  and  shall  not  be  made  part of the motor vehicle operating
record, furnished pursuant to section 354 of  the  vehicle  and  traffic
law,  of  the person upon whom such liability is imposed nor shall it be
used for insurance purposes in the provision of motor vehicle  insurance
coverage.
  d.  (i)  A  notice  of liability shall be sent by first class mail OR,
WITH CONSENT, BY  ELECTRONIC  MEANS  OF  COMMUNICATION  to  each  person
alleged  to  be  liable  [as  an owner] for a violation pursuant to this
section of the toll collection regulations of the port  authority.  Such
notice  shall be [mailed] SENT no later than [thirty] ONE HUNDRED TWENTY
days after the alleged violation. Personal delivery [on the owner] shall
not be required. A manual or automatic record of [mailing]  SENDING  THE
NOTICE  prepared in the ordinary course of business shall be prima facie
evidence of the [mailing] SENDING of the notice.
  (ii) A notice of liability shall contain the name and address  of  the
person  alleged  to  be liable [as an owner] for a violation of the toll
collection regulations of the port authority pursuant to  this  section,
the  registration  number  AND  STATE  OF  REGISTRATION  of  the vehicle
involved in such violation, the  [location  where  such  violation  took
place,  the date and time] LOCATIONS, DATES AND TIMES OF EACH USE OF THE
VEHICULAR CROSSING THAT FORMS THE BASIS of such violation, THE AMOUNT OF
THE ASSESSED TOLLS AND OTHER CHARGES, and the identification  number  of
the  [photo-monitoring  system]  ELECTRONIC TOLL COLLECTION SYSTEM which
recorded the [violation] USE or other document locator number.
  (iii) The notice of liability shall contain information  advising  the
person  charged  of  the manner and the time in which he may contest the
liability alleged in the notice. Such notice  of  liability  shall  also
contain  a warning to advise the persons charged that failure to contest
in the manner and time provided shall be deemed an admission of  liabil-
ity and that a default judgment may be entered thereon.
  (iv)  The  notice  of liability shall be prepared and [mailed] SENT by
the port authority or its duly authorized agent.
  e. If an owner receives a notice of liability pursuant to this section
for any time period during which the vehicle was reported to the  police
department  as  having  been  stolen,  it shall be a valid defense to an
allegation of liability for a violation of  the  toll  collection  regu-

S. 6357--A                         30                         A. 8557--A

lations  of the port authority that the vehicle had been reported to the
police as stolen prior to the time the violation occurred  and  had  not
been  recovered by such time. If an owner receives a notice of liability
pursuant  to  this  section for any time period during which the vehicle
was stolen, but not as yet reported to the police as having been stolen,
it shall be a  valid  defense  to  an  allegation  of  liability  for  a
violation  of toll collection regulations of the port authority pursuant
to this section that the vehicle was reported as stolen within two hours
after discovery of the theft by the owner. For purposes of asserting the
defense provided by this subdivision, it  shall  be  sufficient  that  a
certified  copy  of  the  police report on the stolen vehicle be sent by
first class mail to the court or other entity having jurisdiction.
  f. An owner, as defined in subdivision a of this  section,  who  is  a
lessor  of  a vehicle to which a notice of liability was issued pursuant
to subdivision d of this section shall not be liable  pursuant  to  this
section for the violation of the toll collection regulations of the port
authority  provided  that he or she sends to the port authority [serving
the notice of liability and to the court or other entity  having  juris-
diction]  OR  ITS  DULY  AUTHORIZED AGENT FOR THIS PURPOSE a copy of the
rental, lease or other such contract document covering such  vehicle  on
the date of the [violation] USE OF THE VEHICULAR CROSSING, with the name
and  address  of  the  lessee  clearly legible, within thirty days after
receiving from the port authority or  its  duly  authorized  agent  [the
original]  FOR THIS PURPOSE notice of [liability] THE USE OF THE VEHICU-
LAR CROSSING BY SUCH VEHICLE. Failure to send  such  information  within
such  thirty  day  time  period  shall  render the lessor liable for the
penalty prescribed by this section. Where the lessor complies  with  the
provisions  of  this subdivision, the lessee of such vehicle on the date
of such [violation] USE OF THE VEHICULAR CROSSING shall be deemed to  be
the  owner  of  such  vehicle  for purposes of this section and shall be
subject to liability for the violation of toll collection regulations of
the port authority [provided that the port authority or its duly author-
ized agent mails a notice of liability to the  lessee  within  ten  days
after  the  court, or other entity having jurisdiction, deems the lessee
to be the owner]. For purposes of this  subdivision  the  term  "lessor"
shall  mean  any person, corporation, firm, partnership, agency, associ-
ation or organization engaged in the  business  of  renting  or  leasing
vehicles  to  any  lessee  under  a rental agreement, lease or otherwise
wherein the said lessee has the exclusive use of said  vehicle  for  any
period  of time. For the purposes of this subdivision, the term "lessee"
shall mean any person, corporation, firm, partnership,  agency,  associ-
ation or organization that rents, leases or contracts for the use of one
or more vehicles and has exclusive use thereof for any period of time.
  g.  Except  as  provided in subdivision f of this section, if a person
receives a notice of liability pursuant to this section it  shall  be  a
valid  defense  to  an  allegation  of liability for a violation of toll
collection regulations of the port authority  that  the  individual  who
received  the  notice  of liability pursuant to this section was not the
owner of the vehicle at the time the [violation] USE  OF  THE  VEHICULAR
CROSSING  occurred.  If  the  owner  liable  for a violation of the toll
collection regulations of the port authority pursuant  to  this  section
was  not  the operator of the vehicle at the time of the [violation] USE
OF THE VEHICULAR CROSSING, the owner may maintain an action for indemni-
fication against the operator. The operator of the vehicle may apply  to
the  court or other entity having jurisdiction to adjudicate the liabil-
ity  imposed  under  this  section  to  accept  responsibility  for  the

S. 6357--A                         31                         A. 8557--A

violation  and  satisfactorily  discharge all applicable tolls, charges,
FEES, and penalties related to the violation.
  h.  ["Electronic  toll  collection  system"  shall  mean  a  system of
collecting tolls or charges which is  capable  of  charging  an  account
holder  the  appropriate  toll  or charge by transmission of information
from an electronic device on a motor vehicle to  the  toll  lane,  which
information  is  used  to  charge  the  account  the appropriate toll or
charge.] In adopting procedures for the preparation and [mailing]  SEND-
ING  of a notice of liability, the port authority or its duly authorized
agent shall adopt guidelines [to ensure] FOR SENDING BY FIRST CLASS MAIL
OR, WITH CONSENT, BY ELECTRONIC MEANS  OF  COMMUNICATION,  adequate  and
timely  notice  to all electronic toll collection system account holders
to inform them when their accounts are delinquent. An owner  who  is  an
account  holder under the electronic toll collection system shall not be
found liable for a violation of this section unless such  authority  has
first  sent  a  notice  of  delinquency  to  such account holder and the
account holder was in fact delinquent at the time of the violation.
  i. Nothing in this section shall be construed to limit  the  liability
of  an  operator  of OR THE ACCOUNT HOLDER ASSOCIATED WITH a vehicle for
any violation of the toll collection regulations of the port  authority.
Nothing  in  this section shall authorize or preclude the port authority
from excluding from any of its facilities, in its sole  discretion,  any
or  all  vehicles found liable under this section as well as other vehi-
cles owned or operated by the owner or operator  of  OR  ACCOUNT  HOLDER
ASSOCIATED WITH such vehicle.
  j. Notwithstanding any other provision of law, all photographs, micro-
photographs,  videotape  or  other  recorded images prepared pursuant to
this section shall be for the exclusive use of the port authority in the
discharge of its duties under this section and shall not be open to  the
public  nor  be  used  in  any court in any action or proceeding pending
therein unless such action or proceeding relates to the imposition of or
indemnification for liability pursuant to this section. The port author-
ity or its duly authorized agent shall  not  sell,  distribute  or  make
available  in  any  way,  the  names  and  addresses  of electronic toll
collection system account holders,  or  any  information  compiled  from
transactions  with  such  account holders, without such account holders'
consent to any entity that will use such information for any  commercial
purpose  provided  that the foregoing restriction shall not be deemed to
preclude the exchange of such  information  between  any  entities  with
jurisdiction  over  and or operating a toll highway bridge and/or tunnel
facility.
  S 24. Section 16-c of chapter 774 of the laws  of  1950,  relating  to
agreeing  with  the  state of New Jersey with respect to rules and regu-
lations governing traffic on vehicular crossings operated by the port of
New York authority, as added by chapter 379 of  the  laws  of  1992,  is
amended to read as follows:
  S  16-c.  Adjudication  of  liability.  Adjudication  of the liability
imposed upon an owner by section 16-a of this act for a violation of the
toll collection regulations of the port authority occurring  within  the
territorial  limits of the state of New York shall be in accordance with
the vehicle and traffic law of New York as set forth  in  sections  235,
236,  237, 239, 240, 241, 242, 401, 510 and 1809 of such law, or by such
entity having jurisdiction over violations of the toll collection  regu-
lations of the port authority occurring within the territorial limits of
the  state  of New York, provided that all violations shall be heard and
determined in the county in which [the  violation  is  alleged  to  have

S. 6357--A                         32                         A. 8557--A

occurred,  or by consent of both parties,] OBLIGATION FOR PAYMENT OF THE
TOLLS OR OTHER CHARGES WAS INCURRED, OR in any county in  the  state  of
New  York  in which the port authority operates or maintains a facility.
An  owner  found  liable  for a violation of toll collection regulations
pursuant to this section shall for a first violation thereof  be  liable
for  THE  FULL AMOUNT OF THE ASSESSED TOLL AND OTHER CHARGES AND FEES IN
ADDITION TO a monetary penalty not to exceed [fifty] ONE HUNDRED dollars
or two times  the  toll  evaded  whichever  is  greater;  for  a  second
violation  thereof  both  within  eighteen months be liable for THE FULL
AMOUNT OF THE ASSESSED TOLL AND OTHER CHARGES AND FEES IN ADDITION TO  a
monetary  penalty  not to exceed [one] TWO hundred dollars or five times
the toll  evaded  whichever  is  greater;  for  a  third  or  subsequent
violation  thereof  all  within  eighteen  months be liable for THE FULL
AMOUNT OF THE ASSESSED TOLL AND OTHER CHARGES AND FEES IN ADDITION TO  a
monetary  penalty  not  to exceed [one] THREE hundred [fifty] dollars or
ten times the toll evaded whichever is greater.  THE FULL AMOUNT OF  THE
ASSESSED  TOLLS AND OTHER CHARGES AND FEES AND ONE-HALF OF SUCH MONETARY
PENALTIES COLLECTED SHALL BE PAID TO THE PORT AUTHORITY;  THE  REMAINING
HALF  OF SUCH MONETARY PENALTIES COLLECTED SHALL BE RETAINED OR DISTRIB-
UTED BY THE TRIBUNAL OR ENTITY ADJUDICATING THE VIOLATION IN  ACCORDANCE
WITH EXISTING LAW.
  S  25.  This  act  shall  take effect on the one hundred twentieth day
after it shall have become a law, provided that:
  (a) the amendments to subparagraph (i) of paragraph a  of  subdivision
5-a  of  section  401  of  the  vehicle  and traffic law made by section
fifteen of this act shall not affect the expiration  of  such  paragraph
and  shall  be  deemed  to  expire  therewith,  when  upon such date the
provisions of section fifteen-a of this act shall take effect;
  (b) the amendments to paragraph a of subdivision 5-a of section 401 of
the vehicle and traffic law made by section fifteen-a of this act  shall
not  affect  the  expiration  of  such  paragraph and shall be deemed to
expire  therewith,  when  upon  such  date  the  provisions  of  section
fifteen-b of this act shall take effect;
  (c) the amendments to paragraph a of subdivision 5-a of section 401 of
the  vehicle and traffic law made by section fifteen-b of this act shall
not affect the expiration of such  paragraph  and  shall  be  deemed  to
expire  therewith,  when  upon  such  date  the  provisions  of  section
fifteen-c of this act shall take effect; and
  (d) the amendments to paragraph a of subdivision 5-a of section 401 of
the vehicle and traffic law made by section fifteen-c of this act  shall
not  affect  the  expiration  of  such  paragraph and shall be deemed to
expire  therewith,  when  upon  such  date  the  provisions  of  section
fifteen-d of this act shall take effect.

                                 PART H

  Section  1.  Section 9 of chapter 67 of the laws of 1992, amending the
environmental conservation law relating to pesticide  product  registra-
tion  timetables  and fees, as amended by section 1 of part S of chapter
60 of the laws of 2011, is amended to read as follows:
  S 9. This act shall take effect April 1, 1992 [provided, however, that
section three of this act shall take  effect  July  1,  1993  and  shall
expire and be deemed repealed on July 1, 2014].
  S 2. Section 33-0705 of the environmental conservation law, as amended
by  section 2 of part S of chapter 60 of the laws of 2011, is amended to
read as follows:

S. 6357--A                         33                         A. 8557--A

S 33-0705. Fee for registration.
  The applicant for registration shall pay a fee as follows:
  a.  [On  or  before  July  1,  2014, six] SIX hundred dollars for each
pesticide proposed to be registered, provided  that  the  applicant  has
submitted  to  the  department proof in the form of a federal income tax
return for the previous year showing gross  annual  sales,  for  federal
income  tax  purposes, of three million five hundred thousand dollars or
less;
  b. [On or before July 1, 2014, for] FOR all others, six hundred twenty
dollars for each pesticide proposed to be registered[;
  c. After July 1, 2014, fifty dollars for each pesticide proposed to be
registered].
  S 3. Paragraph a of subdivision 1 and subdivision 2 of section 33-1201
of the environmental conservation law, as added by chapter  279  of  the
laws of 1996, are amended to read as follows:
  a.  The department shall [develop] MAINTAIN a pesticide sales [and use
computer] data base [in conjunction with Cornell  University.  The  data
base shall be maintained at the department].
  2.  The  commissioner  shall  prepare  an  annual [report summarizing]
SUMMARY OF pesticide sales[, quantity of pesticides  used,  category  of
applicator and region of application. The commissioner shall not provide
the  name, address, or any other information which would otherwise iden-
tify a commercial or private applicator, or  any  person  who  sells  or
offers  for  sale  restricted use or general use pesticides to a private
applicator, or any person who received  the  services  of  a  commercial
applicator.  In  accordance with article six of the public officers law,
proprietary information contained within such  record,  including  price
charged  per  product,  shall not be disclosed] BY COUNTY.  The [report]
ANNUAL SUMMARY shall be [submitted to the governor, the temporary presi-
dent of the senate and the speaker of the assembly, and  shall  be  made
available to all interested parties. The first report shall be submitted
on  July  first,  nineteen  hundred  ninety-eight  and] PUBLISHED ON THE
DEPARTMENT'S PUBLIC WEBSITE on OR BEFORE July first [annually  thereaft-
er].
  S  4.  Subdivision 1 of section 33-1203 of the environmental conserva-
tion law, as added by chapter 279 if the laws of  1996,  is  amended  to
read as follows:
  1.  [a.] The commissioner shall, upon written request of an interested
party, in printed OR ELECTRONIC form [or on a diskette  in  computerized
data  base  format],  provide the information on pesticides submitted to
the department pursuant to sections 33-1205 and 33-1207 of  this  title.
Such information shall be provided by county or counties[, or five-digit
zip code or codes as selected by the interested party making the written
request.  The  commissioner  shall not provide the name, address, or any
other information which would otherwise identify a commercial or private
applicator, or any person who sells or offers for sale restricted use or
general use pesticides to  a  private  applicator,  or  any  person  who
received  the  services  of  a commercial applicator. In accordance with
article  six  of  the  public  officers  law,  proprietary   information
contained within such record, including price charged per product, shall
not  be  disclosed.  The provisions of this paragraph shall not apply to
the provision of pesticide data  to  the  commissioner  of  health,  the
health research science board and researchers pursuant to title one-B of
article twenty-four of the public health law.
  b.  The  department shall, upon request from the department of health,
compile pesticide application information by  nine-digit  zip  code  and

S. 6357--A                         34                         A. 8557--A

provide  the  information  to the commissioner of health for researchers
entitled to receive information pursuant to paragraph (d) of subdivision
one of section twenty-four hundred  eleven  of  the  public  health  law
provided,  however, if the nine-digit zip code cannot be determined, the
information shall be compiled by town or city].
  S 5. Section 33-1205 of the environmental conservation law,  as  added
by  chapter  279  of the laws of 1996 and the closing paragraph of para-
graph a of subdivision 2 as amended by chapter 260 of the laws of  1997,
is amended to read as follows:
S 33-1205. Recordkeeping and reporting.
  1. All commercial applicators shall maintain pesticide use records for
each pesticide application containing the following:
  a. EPA registration number;
  b. product name;
  c. quantity of each pesticide used;
  d. date applied;
  e. location of application by address (including five-digit zip code).
  Such  records  shall be maintained for a period of not less than three
years. [All commercial applicators shall  file,  at  least  annually,  a
report  or  reports  containing  such information with the department on
computer diskette or in printed form on or before February first for the
prior calendar year.] All commercial  applicators  shall  also  maintain
corresponding records of the dosage rates, methods AND PLACE of applica-
tion  and target organisms for each pesticide application. These records
shall be CREATED IMMEDIATELY AFTER APPLICATION, maintained on an  annual
basis  and retained for a period of not less than [three] FIVE years and
shall be available for inspection upon request by the department.
  2. a. Every person who sells or offers for sale restricted use  pesti-
cides  to private applicators shall issue a record to the private appli-
cator of each sale of a restricted use pesticide or a general use pesti-
cide used in agricultural  crop  production  to  such  applicator.  Such
record of each sale shall include the following:
  1. EPA registration number;
  2. product name of the pesticide purchased;
  3. quantity of the pesticide purchased;
  4. date purchased;
  5.  location  of intended application by address (including five-digit
zip code) or if address is unavailable by town or city (including  five-
digit zip code) if the location of intended application differs from the
billing address that appears on the record.
  [Every  person  who sells or offers for sale restricted use pesticides
to private applicators shall  file,  at  least  annually,  a  report  or
reports  containing  such  information  with  the department on computer
diskette or in printed form on or before February first  for  the  prior
calendar  year.  The department shall not use the reports filed pursuant
to this paragraph for enforcement purposes.]
  b. All private applicators shall maintain, at a  minimum,  records  of
the  restricted  pesticides  purchased,  crop treated by such, method of
application, and date of application or applications.  This  information
shall be RECORDED IMMEDIATELY AFTER APPLICATION, maintained on an annual
basis  and retained for a minimum of three years, and shall be available
for inspection upon request by the department.
  [c. A private applicator  shall,  upon  request,  within  six  months,
provide  site-specific information relating to pesticide applications to
any researcher entitled to receive information pursuant to paragraph (d)
of subdivision one of section twenty-four hundred eleven of  the  public

S. 6357--A                         35                         A. 8557--A

health  law, provided, however, such request shall not be granted during
planting and harvesting unless at a time and in a manner that is mutual-
ly convenient.]
  3. A. EVERY PERSON WHO SELLS OR OFFERS FOR SALE PESTICIDES SHALL MAIN-
TAIN  RECORDS  OF  ALL  RETAIL  SALES OF SUCH PESTICIDES BY COUNTY. SUCH
RECORDS SHALL INCLUDE THE FOLLOWING:
  1. EPA REGISTRATION NUMBER;
  2. PRODUCT NAME OF THE PESTICIDE SOLD;
  3. TOTAL QUANTITY OF THE PESTICIDE SOLD DURING THE  CALENDAR  YEAR  IN
EACH COUNTY IN THE STATE.
  EVERY  PERSON  WHO  SELLS OR OFFERS FOR SALE PESTICIDES SHALL FILE, AT
LEAST ANNUALLY, A REPORT OR REPORTS CONTAINING SUCH INFORMATION WITH THE
DEPARTMENT IN ELECTRONIC OR PRINTED FORM ON OR BEFORE FEBRUARY FIRST FOR
THE PRIOR CALENDAR YEAR.
  B. THE REQUIREMENTS OF THIS SUBDIVISION ARE NOT APPLICABLE TO: MINIMUM
RISK PESTICIDES; GENERAL USE ANTIMICROBIAL PESTICIDES, EXCEPT THOSE THAT
ARE SUBJECT TO THE PESTICIDE APPLICATOR  CERTIFICATION  REQUIREMENTS  IN
REGULATIONS   PROMULGATED  BY  THE  DEPARTMENT;  GENERAL  USE  PESTICIDE
PRODUCTS APPLIED TO  THE  CLOTHING  OR  SKIN;  OR  GENERAL  USE  AEROSOL
PRODUCTS WITH A DIRECTED SPRAY IN CONTAINERS OF EIGHTEEN FLUID OUNCES OR
LESS,  BUT  NOT  INCLUDING  ANY  FOGGER  PRODUCT OR AEROSOL PRODUCT THAT
DISCHARGES TO A WIDE AREA.
  S 6. Section 33-1207 of the environmental conservation law,  as  added
by chapter 279 of the laws of 1996, is amended to read as follows:
S 33-1207. Recordkeeping and reporting by importers and manufacturers.
  1.  Each  person manufacturing or compounding a registered [restricted
use] pesticide in this state,  or  importing  or  causing  a  registered
[restricted  use]  pesticide  to  be  imported  into this state for use,
distribution, or storage, shall maintain records of all sales within the
state during the preceding year of each [restricted use] pesticide prod-
uct which he or she has imported, manufactured or compounded. The record
of each [restricted use] pesticide product shall include:
  a. EPA registration number;
  b. container size; and
  c. number of containers sold to New York purchasers.
  2. Such records shall be maintained for a  period  of  not  less  than
three  years.    All  manufacturers  and  importers shall file an annual
report containing such information  with  the  department  [on  computer
diskette] IN ELECTRONIC or [in] printed form on or before February first
for the prior calendar year.
  3.  THE  REQUIREMENTS  OF THIS SECTION ARE NOT APPLICABLE TO:  MINIMUM
RISK PESTICIDES; GENERAL USE ANTIMICROBIAL PESTICIDES, EXCEPT THOSE THAT
ARE SUBJECT TO THE PESTICIDE APPLICATOR  CERTIFICATION  REQUIREMENTS  IN
REGULATIONS   PROMULGATED  BY  THE  DEPARTMENT;  GENERAL  USE  PESTICIDE
PRODUCTS APPLIED TO  THE  CLOTHING  OR  SKIN;  OR  GENERAL  USE  AEROSOL
PRODUCTS WITH A DIRECTED SPRAY IN CONTAINERS OF EIGHTEEN FLUID OUNCES OR
LESS,  BUT  NOT  INCLUDING  ANY  FOGGER  PRODUCT OR AEROSOL PRODUCT THAT
DISCHARGES TO A WIDE AREA.
  S 7. This act shall take effect immediately and  shall  be  deemed  to
have been in full force and effect on and after April 1, 2014.

                                 PART I

  Section  1.  Subdivision  25  of  section 11-0103 of the environmental
conservation law, as amended by chapter 595 of  the  laws  of  1984,  is
amended to read as follows:

S. 6357--A                         36                         A. 8557--A

  25.  "Hunting  [accident"]  RELATED  INCIDENT"  means the injury to or
death of a person caused by the discharge  of  a  firearm,  CROSSBOW  or
longbow  while  the  person  causing such injury or death, or the person
injured or killed, is taking or attempting to  take  game,  wildlife  or
fish.
  S  2. Paragraphs 1 and 2 of subdivision 3 and subdivision 5 of section
11-0701 of the environmental conservation law, as amended by section 1-a
of part R of chapter 58 of the laws of 2013,  are  amended  to  read  as
follows:
  (1)  who  is between the ages of twelve and sixteen years to hunt wild
deer and bear with a longbow OR  CROSSBOW  during  the  special  archery
season  and  during  the  regular season, as provided in title 9 of this
article, subject to the provisions of section 11-0929 and subdivision  3
of section 11-0713 of this article;
  (2)  who  is eighteen years of age or older to hunt wild deer and bear
with a longbow OR CROSSBOW, as provided in title 9 of this article, in a
special [longbow] ARCHERY season; and
  5. A non-resident bear tag entitles a person who has not been a  resi-
dent of the state for more than thirty days who also possesses a hunting
license  to  hunt  bear during the regular open season therefor or in an
open season fixed by regulation pursuant to subdivision eight of section
11-0903 of this article. It entitles  a  non-resident  holder  who  also
possesses  a hunting license with bowhunting privilege to hunt bear with
a longbow OR CROSSBOW during the open bear season. It entitles a non-re-
sident holder who also possesses a hunting license  with  muzzle-loading
privilege to hunt bear with a muzzleloader during the open bear season.
  S  3.  Paragraph b of subdivision 6 of section 11-0703 of the environ-
mental conservation law, as amended by section 2 of part R of chapter 58
of the laws of 2013, is amended to read as follows:
  b. Except as provided in section 11-0707 and section 11-0709  of  this
title,  no  person  shall  (1) hunt wild deer or bear unless such person
holds and is entitled to exercise the privileges of a  hunting  license,
and  meets  the requirements of this article; (2) hunt wild deer or bear
with a longbow OR CROSSBOW in a special [longbow] ARCHERY season  unless
such  person holds and is entitled to exercise the privileges of a hunt-
ing license with a bowhunting privilege and meets  the  requirements  of
this  article;  or  (3)  hunt  wild  deer  or bear with a muzzle-loading
firearm in a special muzzle-loading firearm season unless such person is
at least fourteen years old and holds a hunting license with  a  muzzle-
loading privilege and meets the requirements of this article.
  S 4. Subparagraph 4 of paragraph b of subdivision 1 of section 11-0719
of  the environmental conservation law, as amended by chapter 436 of the
laws of 2000, is amended to read as follows:
  (4) is convicted of an offense involving a violation  of  subdivisions
one  and  two  of  section 11-0901 of this article relating to taking of
wildlife when the person taking is in or on a motor vehicle  while  such
motor vehicle is on a public highway or an offense involving a violation
of  subdivision  one of section 11-0901 of this article and subparagraph
one of paragraph a of subdivision four of section 11-0931 of this  arti-
cle  relating  to  taking  wildlife when the person taking is in or on a
motor vehicle and discharging a firearm, CROSSBOW or longbow in  such  a
way  that the load, BOLT or arrow passes over a public highway or a part
thereof or signs an acknowledgment of any such violation for the purpose
of affecting a settlement by civil compromise or by stipulation.
  S 5. Subdivisions 2 and 3 of  section  11-0719  of  the  environmental
conservation law, subdivision 2 as amended by section 27 and subdivision

S. 6357--A                         37                         A. 8557--A

3  as amended by section 28 of part R of chapter 58 of the laws of 2013,
are amended to read as follows:
  2.  a. The department may revoke the licenses, tags, bowhunting privi-
leges, or muzzle-loading privileges, which authorize the holder to  hunt
and/or  trap  wildlife,  and  may  deny  the privilege of obtaining such
licenses, tags, bowhunting privileges, or muzzle-loading privileges, and
may deny the privileges of hunting and/or trapping  with  or  without  a
license.
  (1) of any person who, while engaged in hunting, FISHING or trapping,
  (i)  causes  death  or injury to [another] ANY PERSON by discharging a
firearm, CROSSBOW or longbow, or
  (ii) so negligently discharges a firearm, CROSSBOW or  longbow  as  to
endanger the life or safety of another, or
  (iii)  so  negligently  and wantonly discharges a firearm, CROSSBOW or
longbow as to destroy or damage public or private property; or
  (2) of any agent of the department authorized to issue certificates of
qualification in responsible hunting, bowhunting, or trapping  practices
who  improperly issues any such certification to a person whom he OR SHE
has not trained,  or  whom  he  OR  SHE  knows  has  not  satisfactorily
completed all of the requirements necessary for such certification.
  b.  Action  by  the  department  resulting  in  the revocation of such
license or denial of the privilege to hunt and trap as provided in  this
subdivision  shall  be  only after a hearing held by the department upon
notice to the offender, at which proof of facts indicating the violation
is established to the satisfaction of the commissioner or of the hearing
officer designated by him OR HER and concurred in by  the  commissioner.
Provided  that  where a person, while hunting, causes death or injury to
any person by discharge of a firearm, CROSSBOW or longbow,  the  commis-
sioner  may,  in his OR HER discretion, suspend such person's license or
licenses to hunt and suspend such  person's  right  to  hunt  without  a
license  for  a period of up to sixty days pending a hearing as provided
for in this subdivision.
  c. In case such discharge of a firearm,  CROSSBOW  or  longbow  causes
death  or  injury  to  [another]  ANY  PERSON,  the license or licenses,
bowhunting privilege, and muzzle-loading privilege shall be revoked  and
the  ability  to  obtain  any such license and of hunting or of trapping
anywhere in the state with or without a license denied, for a period not
exceeding ten years, except that no revocation shall be made in cases in
which facts established at the hearing indicate to the  satisfaction  of
the commissioner that there was no negligence on the part of the shooter
or  [bowman]  BOWHUNTER.  In  all  other  cases the license or licenses,
bowhunting privilege, or muzzle-loading privilege, shall be revoked  and
the  privilege  of  obtaining  such  license,  bowhunting  privilege, or
muzzle-loading privilege, and of hunting or of trapping anywhere in  the
state  with  or without a license denied for a period not exceeding five
years. The department may also require  that  the  person  causing  such
death   [or],  injury,  ENDANGERMENT  OR  PROPERTY  DAMAGE  successfully
complete a department-sponsored course and obtain a certificate of qual-
ification in responsible hunting or bowhunting  practices  before  being
issued another hunting license.
  d. Every person injuring himself, herself or another person in a hunt-
ing  [accident,  as  such  term  is defined in subdivision 25 of section
11-0103 of this article] RELATED INCIDENT,  and  the  investigating  law
enforcement  officer summoned to or arriving at the scene of such [acci-
dent] INCIDENT shall within ten days from the occurrence of such  [acci-
dent]  INCIDENT file a report of the [accident] INCIDENT in writing with

S. 6357--A                         38                         A. 8557--A

the department. Every such person or law enforcement officer shall  make
such  other  and  additional  reports  as  the department shall require.
Failure to report such [accident] INCIDENT as  herein  provided  by  the
person causing injury or to furnish relevant information required by the
department shall be a violation and shall constitute grounds for suspen-
sion  or revocation of such person's hunting licenses and bowhunting and
muzzle-loading privileges and denial of the ability to obtain  any  such
license  and of hunting with or without a license following a hearing or
opportunity to be heard. In addition,  the  department  may  temporarily
suspend the license of the person failing to report a hunting [accident]
RELATED  INCIDENT  within the period prescribed herein until such report
has been filed. In the case of a non-resident, the failure to report  an
[accident]  INCIDENT  as  herein  provided  shall constitute grounds for
suspension or revocation of his or her privileges of hunting within this
state. The report required by this section shall be made  in  such  form
and number as the department may prescribe.
  3.  A  hunting  license  issued to a person who is at least twelve and
less than sixteen years of age or  a  hunting  license  with  bowhunting
privilege  issued  to  a  person  who  is between the ages of twelve and
sixteen years may be revoked by the department upon  proof  satisfactory
to  the department that such person, while under the age of sixteen, has
engaged in hunting wildlife with a gun, CROSSBOW or longbow, in  circum-
stances in which a license and/or bowhunting or muzzle-loading privilege
is  required,  while  not  accompanied by his or her parent, guardian or
other adult as provided in section  11-0929  of  this  article.    ADDI-
TIONALLY,  THE  DEPARTMENT  MAY  REVOKE THE HUNTING AND/OR BOWHUNTING OR
MUZZLE-LOADING PRIVILEGE OF ANY PARENT, GUARDIAN, YOUTH MENTOR OR  OTHER
ADULT UPON PROOF SATISFACTORY TO THE DEPARTMENT THAT SUCH PERSON ALLOWED
THE  HOLDER OF A HUNTING LICENSE, BOWHUNTING PRIVILEGE OR MUZZLE-LOADING
PRIVILEGE TO HUNT WILDLIFE WITH A GUN, CROSSBOW OR LONGBOW IN  VIOLATION
OF  SECTION  11-0929  OF  THIS  ARTICLE. If such license or privilege is
revoked the department shall fix the period of such revocation, which is
not to exceed six years. The department may  require  that  such  person
successfully complete a department sponsored course and obtain a certif-
icate  of qualification in responsible hunting or responsible bowhunting
practices before being issued another hunting or bowhunting license.
  S 6. Paragraphs b and g of subdivision 3, subparagraphs 5, 6 and 8  of
paragraph b, subparagraphs 5, 6 and 8 of paragraph c, and subparagraph 1
of  paragraph d of subdivision 4 of section 11-0901 of the environmental
conservation law, paragraph b of subdivision 3 as amended by chapter 911
of the laws of 1990, paragraph g of subdivision 3 as amended by  chapter
34 of the laws of 1979, subparagraph 5 of paragraph b and subparagraph 5
of paragraph c of subdivision 4 as amended by chapter 430 of the laws of
2000  and subparagraphs 6 and 8 of paragraph b, subparagraphs 6 and 8 of
paragraph c and subparagraph 1  of  paragraph  d  of  subdivision  4  as
amended  by  chapter  600  of  the  laws of 1993, are amended to read as
follows:
  b. Wild deer and bear shall not be taken except by gun, CROSSBOW or by
long bow. Where an open season, set forth in the table of  open  seasons
in  section  11-0907  OF  THIS  TITLE or otherwise established by law or
fixed by regulation, is specified as an open season for taking such game
by shotgun or long bow only, or is  specified  as  an  open  season  for
taking  such game by long bow only, they shall not be taken except as so
specified.
  g. Wildlife shall not be taken [by the use of a cross-bow, by  a  long
bow  drawn, pulled, released, or held in a drawn position by any mechan-

S. 6357--A                         39                         A. 8557--A

ical device attached to a portion of the bow other than  the  bowstring,
or] by the use of a device commonly called a spear gun.
  (5)  with a [bow other than a] long bow with a draw weight [in excess]
of LESS THAN thirty-five pounds; or
  (6) with an arrow OR BOLT with an arrowhead that  measures  less  than
seven-eighths  of an inch at its widest point or that has fewer than two
sharp cutting edges; or
  (8) with an arrow OR BOLT with a barbed broadhead arrowhead.
  (5) with a [bow other than a] long bow with a draw weight [in  excess]
of LESS THAN thirty-five pounds; or
  (6)  with  an  arrow OR BOLT with an arrowhead that measures less than
seven-eighths of an inch at its widest point or that has fewer than  two
sharp cutting edges; or
  (8) with an arrow OR BOLT with a barbed broadhead arrowhead.
  (1)  such long bow OR CROSSBOW is unstrung, or such a firearm is taken
down, or securely fastened in a case, or locked in the trunk of a  vehi-
cle, or
  S  7.  Subdivisions  11 and 16 of section 11-0901 of the environmental
conservation law are REPEALED.
  S 8. Section 11-0903 of the environmental conservation law is  amended
by adding a new subdivision 12 to read as follows:
  12.  NOTWITHSTANDING  ANY  INCONSISTENT PROVISION OF THIS ARTICLE, THE
DEPARTMENT IS AUTHORIZED TO ADOPT REGULATIONS WHICH AUTHORIZE THE TAKING
OF WILDLIFE BY THE USE OF A CROSSBOW. A SUMMARY OF  REGULATIONS  ADOPTED
PURSUANT TO THIS SUBDIVISION SHALL BE PUBLISHED EACH YEAR IN THE HUNTING
SYLLABUS ISSUED PURSUANT TO SECTION 11-0323 OF THIS ARTICLE.
  S  9.  Subdivisions  2  and  4 of section 11-0931 of the environmental
conservation law, subdivision 2 as amended by section 7  of  part  H  of
chapter  58 of the laws of 2012, subparagraph 3 of paragraph a of subdi-
vision 4 as added by chapter 400 of the laws of 1973 and subparagraph  4
of  paragraph  a  of subdivision 4 as added by chapter 67 of the laws of
1976, are amended to read as follows:
  2. No CROSSBOW OR firearm except a pistol or revolver shall be carried
or possessed in or on a motor vehicle  unless  it  is  UNCOCKED,  FOR  A
CROSSBOW  OR  unloaded,  FOR A FIREARM in both the chamber and the maga-
zine, except that a loaded firearm which may be legally used for  taking
migratory  game  birds  may be carried or possessed in a motorboat while
being legally used in hunting migratory game birds, and no person except
a law enforcement officer in the  performance  of  his  official  duties
shall,  while  in  or  on a motor vehicle, use a jacklight, spotlight or
other artificial light  upon  lands  inhabited  by  deer  if  he  is  in
possession  or  is  accompanied by a person who is in possession, at the
time of such use, of a longbow, crossbow or a firearm of any kind except
a pistol or revolver, unless such longbow OR  CROSSBOW  is  unstrung  or
such firearm OR CROSSBOW is taken down or securely fastened in a case or
locked  in  the  trunk of the vehicle. For purposes of this subdivision,
motor vehicle shall mean every vehicle or other device operated  by  any
power other than muscle power, and which shall include but not be limit-
ed  to  automobiles,  trucks, motorcycles, tractors, trailers and motor-
boats, snowmobiles and snowtravelers, whether operated on or off  public
highways.  Notwithstanding  the  provisions  of  this  subdivision,  the
department may issue a permit  to  any  person  who  is  non-ambulatory,
except  with the use of a mechanized aid, to possess a loaded firearm in
or on a motor vehicle as  defined  in  this  section,  subject  to  such
restrictions  as  the  department  may deem necessary in the interest of

S. 6357--A                         40                         A. 8557--A

public safety. Nothing in this  section  permits  the  possession  of  a
pistol or a revolver contrary to the penal law.
  4. a. No person shall:
  (1)  discharge  a  firearm, CROSSBOW or long bow in such a way as will
result in the load, BOLT or arrow thereof passing over a public  highway
or any part thereof;
  (2)  discharge  a  firearm [or long bow] within five hundred feet OR A
CROSSBOW OR LONG BOW WITHIN ONE  HUNDRED  FIFTY  FEET  from  a  dwelling
house, farm building or farm structure actually occupied or used, school
building,  school  playground,  or occupied PUBLIC STRUCTURE, factory or
church;
  (3) use a firearm, CROSSBOW or a long bow for the hunting of migratory
game birds in Larchmont Harbor, specifically those portions  bounded  by
the following points of land:
  BEGINNING  AT  A  POINT  KNOWN  AS UMBRELLA POINT ON THE EAST SHORE OF
LARCHMONT HARBOR THEN PROCEEDING  IN  A  NORTHERLY  DIRECTION  TO  CEDAR
ISLAND;  THENCE  NORTHWESTERLY  TO MONROE INLET; THENCE NORTHEASTERLY TO
DELANCY COVE BEING IN THE TOWN OF MAMARONECK; THENCE IN A  SOUTHWESTERLY
DIRECTION  FROM  DELANCY  COVE TO GREACEN POINT; THENCE RUNNING THE AREA
BETWEEN DELANCY COVE AND THE WEST SHORE OF SATANS TOE NORTHEAST;  THENCE
SOUTHEAST  THEN  ALONG  THE  WEST SHORE OF SATANS TOE SOUTHWEST AND THEN
SOUTH TO THE SOUTHERLY POINT OF SATANS TOE TO EDGEWATER POINT.
  (4) Use of a firearm, CROSSBOW or a long bow for the hunting of migra-
tory game birds in Udall's Cove, specifically those portions  of  Little
Neck  Bay within Nassau and Queens counties lying east of a line running
north from the foot of Douglaston Parkway to the shore opposite.
  b. The prohibitions contained in subparagraph 2 of paragraph  a  above
shall not apply to:
  (1) The owner or lessee of the dwelling house, or members of his imme-
diate  family  actually  residing therein, or a person in his employ, or
the guest of the owner or lessee of the dwelling house acting  with  the
consent  of  said owner or lessee, provided however, that nothing herein
shall be deemed to authorize such persons to  discharge  a  firearm  [or
longbow]  within  five hundred feet OR A CROSSBOW OR LONG BOW WITHIN ONE
HUNDRED FIFTY FEET of any other dwelling house, or a  farm  building  or
farm  structure actually occupied or used, or a school building or play-
ground or occupied PUBLIC STRUCTURE, factory or church;
  (2) Programs conducted by THE DEPARTMENT, public OR PRIVATE ELEMENTARY
OR SECONDARY schools offering instruction and training  in  the  use  of
firearms, CROSSBOW or long bow;
  (3)  The  authorized  use of a pistol, rifle or target range regularly
operated and maintained by a police department or other law  enforcement
agency or by any duly organized membership corporation;
  (4) The discharge of a shotgun over water by a person hunting migrato-
ry  game  birds  if  no  dwelling house, FARM BUILDING OR FARM STRUCTURE
ACTUALLY OCCUPIED OR USED, SCHOOL BUILDING, SCHOOL PLAYGROUND, or  OCCU-
PIED  public  structure, FACTORY OR CHURCH, livestock or person is situ-
ated in the line of discharge less than five hundred feet from the point
of discharge.
  S 10. Paragraph c of subdivision 5 of section 11-0931 of the  environ-
mental  conservation law, as amended by chapter 309 of the laws of 2006,
is amended to read as follows:
  c. In the Northern Zone no person, while engaged in hunting  with  the
aid of a dog or while afield accompanied by a dog, shall possess a rifle
larger  than  .22 caliber using rim-fire ammunition or possess a shotgun
loaded with a slug, ball or buckshot, OR POSSESS A  CROSSBOW;  but  this

S. 6357--A                         41                         A. 8557--A

paragraph  does  not apply to persons, engaged in coyote hunts with dogs
during any open season on coyotes established pursuant to the provisions
of section 11-0903 OF THIS TITLE.
  S 11. Paragraph 4 of subdivision a of section 265.20 of the penal law,
as  amended  by  chapter 1041 of the laws of 1974, is amended to read as
follows:
  4. Possession of a rifle, shotgun, CROSSBOW or longbow for  use  while
hunting,  trapping  or fishing, by a person, not a citizen of the United
States, carrying a valid license issued pursuant to section  11-0713  of
the environmental conservation law.
  S  12.  Paragraph  a  of subdivision 1 of section 9-103 of the general
obligations law, as separately amended by chapters 141 and  286  of  the
laws of 1984, is amended to read as follows:
  a.  an owner, lessee or occupant of premises, whether or not posted as
provided in section 11-2111 of the environmental conservation law,  owes
no  duty: (1) to keep the premises safe for entry, PASSAGE OVER PREMISES
or use by others for hunting, fishing, organized gleaning as defined  in
section  seventy-one-y  of  the  agriculture  and markets law, canoeing,
boating, SWIMMING, trapping, hiking, cross-country skiing,  tobogganing,
sledding,  speleological  activities,  horseback riding, bicycle riding,
hang gliding, motorized vehicle  operation  for  recreational  purposes,
snowmobile  operation,  cutting  or gathering of wood for non-commercial
purposes [or], training of dogs, AND ANY OTHER RECREATIONAL USE; or  (2)
to  give  warning  of  any hazardous condition or use of or structure or
activity on such premises to persons entering for such purposes;
  S 13. Subdivision 3 of section 9-103 of the general obligations law is
renumbered subdivision 4 and a new subdivision 3 is  added  to  read  as
follows:
  3. FOR THE PURPOSES OF THIS SECTION THE TERM "OCCUPANT" SHALL INCLUDE,
BUT  NOT  BE  LIMITED  TO, THOSE ORGANIZATIONS, ENTITIES, OR PERSONS WHO
INDIVIDUALLY OR COLLECTIVELY DEVELOP AND/OR MAINTAIN  TRAILS  AND  OTHER
RECREATIONAL FACILITIES FOR NON-COMMERCIAL USE BY THE PUBLIC.
  S 14. Section 11-0323 of the environmental conservation law is amended
by adding a new subdivision 3 to read as follows:
  3.  NOTWITHSTANDING  SUBDIVISION  TWO OF SECTION THREE OF THE NEW YORK
STATE PRINTING AND PUBLIC DOCUMENTS LAW, THE DEPARTMENT MAY  ENTER  INTO
CONTRACTS  WITH  ANY  RESPONSIVE  AND  RESPONSIBLE BIDDER TO PROVIDE THE
PRINTING SERVICES REQUIRED WITH OR WITHOUT THE USE  OF  A  SUBCONTRACTOR
FOR THE PRODUCTION OF THE HUNTING AND FISHING PAMPHLETS AND SYLLABUS SET
FORTH  IN SUBDIVISIONS ONE AND TWO OF THIS SECTION OR ANY OTHER PUBLICA-
TIONS THAT MAY BE ISSUED IN SUPPORT OF THE FISH AND WILDLIFE LAW.
  S 15. Section 404-s of the vehicle and traffic law, as added by  chap-
ter 304 of the laws of 2001, is amended by adding three new subdivisions
3, 4 and 5 to read as follows:
  3. A DISTINCTIVE PLATE ISSUED PURSUANT TO THIS SECTION TO A PERSON WHO
PURCHASES A LIFETIME LICENSE PURSUANT TO SECTION 11-0702 OF THE ENVIRON-
MENTAL CONSERVATION LAW OR A LIFETIME VEHICLE ACCESS PASS, ALSO KNOWN AS
A  LIFETIME  EMPIRE PASSPORT, PURSUANT TO ARTICLE THIRTEEN OF THE PARKS,
RECREATION AND HISTORIC PRESERVATION  LAW  BETWEEN  JANUARY  FIRST,  TWO
THOUSAND FOURTEEN AND DECEMBER THIRTY-FIRST, TWO THOUSAND FOURTEEN SHALL
BE ISSUED IN THE SAME MANNER AS OTHER NUMBER PLATES, HOWEVER, SUCH LIFE-
TIME  LICENSE  HOLDER SHALL BE EXEMPT FROM THE PAYMENT OF FEES OTHERWISE
REQUIRED TO BE PAID PURSUANT TO PARAGRAPHS A AND B OF SUBDIVISION  THREE
OF  SECTION  FOUR  HUNDRED  ONE  OF  THIS ARTICLE AND THE ANNUAL SERVICE
CHARGE REQUIRED BY SUBDIVISION TWO OF THIS SECTION FOR THE INITIAL ISSU-

S. 6357--A                         42                         A. 8557--A

ANCE OF SUCH  LICENSE  PLATE  AND  FOR  THE  NEXT  ENSUING  REGISTRATION
RENEWAL.
  4.  A  PERSON  WHO  POSSESSES  A  LIFETIME LICENSE PURSUANT TO SECTION
11-0702 OF THE ENVIRONMENTAL CONSERVATION  LAW  OR  A  LIFETIME  VEHICLE
ACCESS  PASS,  ALSO  KNOWN  AS A LIFETIME EMPIRE PASSPORT, OR A THREE OR
FIVE YEAR VEHICLE ACCESS PASS PURSUANT TO ARTICLE THIRTEEN OF THE PARKS,
RECREATION AND HISTORIC PRESERVATION LAW SHALL, ON REQUEST BETWEEN APRIL
FIRST, TWO  THOUSAND  FOURTEEN  AND  MARCH  THIRTY-FIRST,  TWO  THOUSAND
FIFTEEN,  BE  ISSUED A DISTINCTIVE PLATE PURSUANT TO THIS SECTION IN THE
SAME MANNER AS OTHER NUMBER PLATES UPON PAYMENT OF A TWENTY-FIVE  DOLLAR
REGISTRATION  FEE PRESCRIBED BY SECTION FOUR HUNDRED ONE OF THIS CHAPTER
FOR THE INITIAL LICENSE PLATE AND SHALL BE EXEMPT FROM  THE  PAYMENT  OF
FEES  OTHERWISE  REQUIRED TO BE PAID PURSUANT TO PARAGRAPH B OF SUBDIVI-
SION THREE OF SECTION FOUR HUNDRED ONE OF THIS ARTICLE  AND  THE  ANNUAL
SERVICE  CHARGE  REQUIRED  BY  SUBDIVISION  TWO  OF THIS SECTION FOR THE
INITIAL ISSUANCE OF SUCH LICENSE PLATE AND FOR THE NEXT  ENSUING  REGIS-
TRATION RENEWAL.
  5.  ANY NEW YORK RESIDENT WHO POSSESSES A HUNTING, FISHING OR TRAPPING
LICENSE ISSUED PURSUANT TO TITLE SEVEN OF ARTICLE ELEVEN OF THE ENVIRON-
MENTAL CONSERVATION LAW OR AN ANNUAL VEHICLE ACCESS PASS, ALSO KNOWN  AS
AN  EMPIRE  PASSPORT,  PURSUANT TO ARTICLE THIRTEEN OF THE PARKS, RECRE-
ATION AND HISTORIC PRESERVATION  LAW  MAY  PURCHASE  THE  LICENSE  PLATE
AVAILABLE  TO A PERSON WHO PURCHASES A LIFETIME LICENSE OR PASSPORT UPON
PAYMENT OF THE REGULAR  REGISTRATION  FEE  PRESCRIBED  BY  SECTION  FOUR
HUNDRED ONE OF THIS CHAPTER.
  S 16. Section 11-0715 of the environmental conservation law is amended
by adding a new subdivision 7 to read as follows:
  7.  NOTWITHSTANDING  THE  PROVISIONS  OF  SUBDIVISION  THREE  OF  THIS
SECTION, THE COMMISSIONER MAY OFFER FOR SALE  LICENSES,  PRIVILEGES  AND
PERMITS  LISTED  IN  THIS  SECTION AT A REDUCED PRICE UP TO TEN DAYS PER
YEAR TO  ENCOURAGE  RESIDENT  AND  OUT-OF-STATE  HUNTERS,  TRAPPERS  AND
ANGLERS  TO  UTILIZE  NEW  YORK'S HUNTING, TRAPPING AND FISHING OPPORTU-
NITIES. THESE DAYS SHALL BE DESIGNATED IN A  MANNER  DETERMINED  BY  THE
DEPARTMENT  TO BEST PROVIDE PUBLIC NOTICE THEREOF AND TO MAXIMIZE PUBLIC
PARTICIPATION THEREIN.
  S 17. Subdivision 14 of section 11-0305 of the environmental conserva-
tion law, as amended by chapter 292 of the laws of 1996  and  as  renum-
bered  by  section  2  of  part  F of chapter 82 of the laws of 2002, is
amended to read as follows:
  14. Notwithstanding any inconsistent provision of law, the commission-
er may designate no more than [two] EIGHT days in each year  that  shall
be  effective  in every administrative region of the department, as free
sport fishing days during which any person may, without having  a  sport
fishing  license and without the payment of any fee, exercise the privi-
leges of a holder of a sport fishing license,  subject  to  all  of  the
limitations,  restrictions,  conditions,  laws,  rules  and  regulations
applicable to the holder of a sport fishing license. Free sport  fishing
days  shall  be  designated  in a manner determined by the department to
best provide public notice thereof and to maximize public  participation
therein,  so  as  to  promote the recreational opportunities afforded by
sport fishing.
  S 18. Subdivision 5 of section 11-0703 of the environmental  conserva-
tion law is amended by adding a new paragraph e to read as follows:
  E.  ANY THREE OR FIVE-YEAR LICENSE ISSUED PURSUANT TO PARAGRAPH A OR B
OF SUBDIVISION THREE OF SECTION  11-0715  SHALL  BE  EFFECTIVE  FOR  THE
NUMBER  OF  LICENSE YEARS INDICATED THEREON BEGINNING ON SEPTEMBER FIRST

S. 6357--A                         43                         A. 8557--A

AND ENDING  AUGUST  THIRTY-FIRST;  PROVIDED,  HOWEVER,  THAT  A  FISHING
LICENSE  SHALL  REMAIN EFFECTIVE FOR EITHER THREE OR FIVE YEARS FROM THE
DATE ON WHICH IT WAS ISSUED.
  S  19.  Paragraphs  a and b of subdivision 3 of section 11-0715 of the
environmental conservation law, as amended by chapter 276 of the laws of
2013, are amended to read as follows:
  a. In the case of persons who meet the criteria set forth in paragraph
c of subdivision four of section 11-0703 of this title:
        License                                   Fee
        (1) (a) Hunting                           $22.00
        (A-1) THREE-YEAR HUNTING                  $60.00
        (A-2) FIVE-YEAR HUNTING                   $100.00
        (b) Hunting ages fifteen
        and under                                  $5.00
        (2) (A) Fishing                           $25.00
        (B) THREE-YEAR FISHING                    $70.00
        (C) FIVE-YEAR FISHING                     $115.00
        (3)(a) Trapping                           $20.00
        (A-1) THREE-YEAR TRAPPING                 $55.00
        (A-2) FIVE-YEAR TRAPPING                  $90.00
        (b) Trapping ages fifteen and under        $5.00
        (4) (A) Muzzle-loading privilege          $15.00
        (B) THREE-YEAR MUZZLE-LOADING             $40.00
        (C) FIVE-YEAR MUZZLE-LOADING              $65.00
        (5)(a) Bowhunting privilege               $15.00
        (A-1) THREE-YEAR BOWHUNTING PRIVILEGE     $40.00
        (A-2) FIVE-YEAR BOWHUNTING PRIVILEGE      $65.00
        (b) Bowhunting privilege
        ages fifteen and under                     $4.00
        (6) (A) Turkey permit                     $10.00
        (B) THREE-YEAR TURKEY PERMIT              $25.00
        (C) FIVE-YEAR TURKEY PERMIT               $40.00
        (7) Seven-day fishing                    [$13.00] $12.00
        (8) One-day fishing                      $ 5.00
  A THREE OR FIVE-YEAR BOWHUNTING OR MUZZLE-LOADING PRIVILEGE OR  TURKEY
PERMIT  MAY  ONLY BE SOLD TO A PERSON WHO EITHER HAS PURCHASED A HUNTING
LICENSE FOR THE SAME TERM OR POSSESSES A LIFETIME HUNTING LICENSE.
  b. In the case of a non-resident and persons resident in the state for
less than thirty days:
        License                                   Fee
        (1) (a) Hunting                           $100.00
        (A-1) THREE-YEAR HUNTING                  $290.00
        (A-2) FIVE-YEAR HUNTING                   $480.00
        (b) Hunting ages fifteen and under          $5.00
        (2) (A) Fishing                            $50.00
        (B) THREE-YEAR FISHING                    $140.00
        (C) FIVE-YEAR FISHING                     $230.00
        (3) Seven-day fishing                     [$31.00] $28.00
        (4)(a) Trapping                           $275.00
        (A-1) THREE-YEAR TRAPPING                 $825.00
        (A-2) FIVE-YEAR TRAPPING                  $1,375.00
        (b) Trapping ages fifteen and under         $5.00
        (5)(a) Bowhunting privilege                $30.00
        (A-1) THREE-YEAR BOWHUNTING PRIVILEGE     $80.00
        (A-2) FIVE-YEAR BOWHUNTING PRIVILEGE      $130.00
        (b) Bowhunting privilege ages

S. 6357--A                         44                         A. 8557--A

        fifteen and under                           $4.00
        (6) (A) Muzzle-loading                     $30.00
        (B) THREE-YEAR MUZZLE-LOADING             $80.00
        (C) FIVE-YEAR MUZZLE-LOADING              $130.00
        (7) (A) Turkey permit                      $20.00
        (B) THREE-YEAR TURKEY PERMIT              $55.00
        (C) FIVE-YEAR TURKEY PERMIT               $90.00
        (8) One-day fishing                        $10.00
  A  THREE OR FIVE-YEAR BOWHUNTING OR MUZZLE-LOADING PRIVILEGE OR TURKEY
PERMIT MAY ONLY BE SOLD TO A PERSON WHO EITHER HAS PURCHASED  A  HUNTING
LICENSE FOR THE SAME TERM OR POSSESSES A LIFETIME HUNTING LICENSE.
  S 20. This act shall take effect April 1, 2014.

                                 PART J

  Section  1. Subdivisions 6, 7 and 8 of section 251-z-5 of the agricul-
ture and markets law, subdivisions 6 and 7 as added by  chapter  863  of
the  laws  of 1972 and subdivision 8 as added by chapter 665 of the laws
of 2005, are amended and a  new  subdivision  9  is  added  to  read  as
follows:
  (6) The applicant or licensee, or an officer, director, partner, hold-
er  of  ten per cent of the voting stock, or any other person exercising
any position of management or control has failed to comply with  any  of
the  provisions  of  this  chapter  or rules and regulations promulgated
pursuant thereto; [or]
  (7) Any person including the applicant or  licensee,  or  an  officer,
director, partner or any stockholder, exercising any position of manage-
ment  or  control  has  been  convicted  of a felony in any court of the
United States or any state or territory[.];
  (8) A retail food store licensed under this article  fails  to  comply
with  the education requirements set forth in section two hundred fifty-
one-z-twelve of this article[.]; OR
  (9) THE APPLICANT OR LICENSEE HAS FAILED TO PAY  ANY  PENALTY  IMPOSED
FOR OR JUDGMENT BASED UPON A VIOLATION OF THE PROVISIONS OF THIS ARTICLE
OR RULES AND REGULATIONS PROMULGATED PURSUANT THERETO, WHICH OUTSTANDING
PENALTY  OR  PENALTIES  AND/OR JUDGMENT OR JUDGMENTS EQUAL OR EXCEED TWO
THOUSAND FOUR HUNDRED DOLLARS. NOTWITHSTANDING, AND IN ADDITION  TO  THE
POWERS  CONFERRED  IN  THIS SECTION, WHEN THE COMMISSIONER FINDS THAT AN
APPLICANT OR LICENSEE HAS FAILED TO PAY ANY PENALTY IMPOSED OR  JUDGMENT
OBTAINED,  WHICH  OUTSTANDING  PENALTY  OR  PENALTIES AND/OR JUDGMENT OR
JUDGMENTS EQUAL OR EXCEED TWO THOUSAND FOUR HUNDRED DOLLARS, THE COMMIS-
SIONER MAY DECLINE TO ISSUE OR RENEW A LICENSE, AND,  IN  LIEU  THEREOF,
SHALL GRANT A PROVISIONAL LICENSE.
  (A)  A PROVISIONAL LICENSE SHALL EXPIRE SIXTY DAYS FOLLOWING ITS ISSU-
ANCE, UNLESS: (I) PRIOR TO ITS EXPIRATION,  THE  APPLICANT  OR  LICENSEE
PAYS  OR  ENTERS  INTO  AN AGREEMENT WITH THE DEPARTMENT TO PAY ALL SAID
AMOUNTS DUE, AT WHICH POINT THE PROVISIONAL LICENSE SHALL CONVERT  TO  A
TWO-YEAR  LICENSE,  COMMENCING  AS OF THE DATE OF ISSUANCE OF THE PROVI-
SIONAL LICENSE; OR (II) WITHIN THIRTY DAYS OF ITS ISSUANCE,  THE  APPLI-
CANT  OR  LICENSEE REQUESTS A HEARING, PURSUANT TO RULES AND REGULATIONS
THAT THE DEPARTMENT SHALL PROMULGATE.
  (B) WHERE A  HEARING  IS  REQUESTED,  THE  PROVISIONAL  LICENSE  SHALL
CONTINUE  IN  FORCE  UNTIL THE DETERMINATION OF SAID HEARING. SHOULD THE
APPLICANT PREVAIL, THE PROVISIONAL LICENSE SHALL CONVERT INTO A TWO-YEAR
LICENSE, RUNNING FROM THE  DATE  OF  THE  ISSUANCE  OF  THE  PROVISIONAL

S. 6357--A                         45                         A. 8557--A

LICENSE.  SHOULD  THE  DEPARTMENT PREVAIL, THE PROVISIONAL LICENSE SHALL
TERMINATE AND NO LICENSE SHALL ISSUE.
  S 2.  This act shall take effect immediately.

                                 PART K

  Section  1.  Expenditures  of  moneys appropriated in a chapter of the
laws of 2014 to the energy research and development authority, under the
research, development and demonstration program, from the special reven-
ue funds - other/state operations, miscellaneous special revenue fund  -
339,  energy  research and planning account, and special revenue funds -
other/aid to localities, miscellaneous special revenue fund - 339, ener-
gy research and planning account shall be subject to the  provisions  of
this  section.  Notwithstanding  the  provisions  of  subdivision 4-a of
section 18-a of the public service law, all moneys committed or expended
shall be reimbursed by assessment against gas corporations and  electric
corporations  as defined in section 2 of the public service law, and the
total amount which may be charged to any gas corporation and  any  elec-
tric  corporation  shall not exceed one cent per one thousand cubic feet
of gas sold and .010 cent per kilowatt-hour of electricity sold by  such
corporations  in  their  intrastate  utility operations in calendar year
2012. Such  amounts  shall  be  excluded  from  the  general  assessment
provisions  of  subdivision 2 of section 18-a of the public service law,
but shall be billed and paid in the manner set forth in such subdivision
and upon receipt shall be paid to the state comptroller for  deposit  in
the state treasury for credit to the miscellaneous special revenue fund.
The  director  of  the  budget shall not issue a certificate of approval
with respect to the commitment and expenditure of moneys  hereby  appro-
priated  until the chair of such authority shall have submitted, and the
director of the budget shall have approved,  a  comprehensive  financial
plan  encompassing  all  moneys available to and all anticipated commit-
ments and expenditures by such authority from any source for  the  oper-
ations of such authority. Copies of the approved comprehensive financial
plan shall be immediately submitted by the director of the budget to the
chairs and secretaries of the legislative fiscal committees.
  S  2.  This  act  shall take effect immediately and shall be deemed to
have been in full force and effect on and after April 1, 2014.

                                 PART L

  Section 1. Notwithstanding any law to the contrary, the comptroller is
hereby authorized and directed to receive for deposit to the  credit  of
the  general  fund  the amount of up to $913,000 from the New York state
energy research and development authority.
  S 2. This act shall take effect immediately and  shall  be  deemed  to
have been in full force and effect on and after April 1, 2014.

                                 PART M

  Section  1.  Legislative  findings.  The  legislature hereby finds and
determines:
  1. In 2011 and 2012, three storms of enormous  magnitude  -  Hurricane
Irene, Tropical Storm Lee and Superstorm Sandy - each battered New York,
causing  billions  of  dollars  of  damage to roads, buildings and other
infrastructure. The three storms collectively resulted  in  millions  of

S. 6357--A                         46                         A. 8557--A

residential,  business  and  industrial  customers of electric utilities
losing electricity for extended periods of time.
  2.  Each  of  these storms caused, among other things, a disruption in
the distribution and supply of motor fuels, and in the  case  of  Super-
storm  Sandy, downstate motorists were unable to obtain routine supplies
of fuel for several weeks.
  3. In addition, temporary  fuel  distribution  disruptions  associated
with  the  aftermath  of  a  storm  can result in emergency vehicles and
responders unable to adequately address ongoing public safety and health
emergencies, delay an appropriate  response  to  infrastructure  damages
caused  by  a  storm, and otherwise disrupt commerce in the state due to
difficulty to obtain readily available motor fuels.
  4. On November 15, 2012, in response  to  Superstorm  Sandy,  Governor
Andrew  M.  Cuomo announced the creation of the NYS Ready Commission and
tasked it with finding ways to ensure critical systems and services  are
prepared  for future natural disasters and other emergencies. As related
to this act, the Commission was tasked with  addressing  vulnerabilities
in the state's energy systems.
  5.  The  NYS  Ready  Commission  recommended,  among  other things, to
require that retail gasoline outlets located in strategic locations have
on-site back-up power capacity to ensure that such outlets can  continue
fuel sales operations during a long-term electric outage. The purpose of
this act is to ensure that the state is better situated in the future to
address the temporary disruption of retail fuel supplies.
  S  2.  Section  192-h  of the agriculture and markets law, as added by
section 2 of part S of chapter 58 of the laws of  2013,  is  amended  to
read as follows:
  S  192-h. Alternate generated power source at retail gasoline outlets.
1.  Definitions. When used in this section:
  (a) "Alternate  generated  power  source"  means  electric  generating
equipment  that  is  of a capacity that is capable of providing adequate
electricity to operate all dispensers, dispensing equipment, life safety
systems and payment-acceptance equipment located at a retail outlet  and
which can operate independent of the local electric utility distribution
system and provide electricity during a general power outage or declared
energy or fuel supply emergency to operate the systems named herein.
  (b)  "Chain  of  retail  outlets"  means  a network of subsidiaries or
affiliates, under direct or indirect common control, that operate ten or
more retail outlets located in  a  single  downstate  region;  provided,
however  that  this term does not include any franchisor of the brand of
motor fuel being sold at such outlet, except  if  such  franchisor  owns
such outlet.
  (c)  "Controlled access highway" means every highway, street, or road-
way in respect to which owners or occupants of abutting lands and  other
persons have no legal right of access to or from the same except at such
points  only  and  in  such  manner  as  may be determined by the public
authority having jurisdiction over such highway, street, or roadway.
  (d) "Diesel motor fuel" means any fuel sold in this state and for  use
in  diesel  engines  which  is commercially known or offered for sale as
diesel motor fuel.
  (e) "Dispenser" means a device located at a retail outlet that is used
to pump motor fuel from an above-ground or underground storage tank into
a motor vehicle.
  (f) "Downstate region" means each of  the  following  regions  of  the
state:
  (i) Long Island region: Includes Nassau and Suffolk counties.

S. 6357--A                         47                         A. 8557--A

  (ii)  Lower Mid-Hudson region: Includes Rockland and Westchester coun-
ties.
  (iii)  New  York  city region: Includes Bronx, Kings, New York, Queens
and Richmond counties.
  (g) "Evacuation route" means those roads designated  by  each  county,
AND RECOGNIZED BY THE STATE, that are to be used by motorists in case of
a hurricane or other natural disaster.
  (h)  "Franchisor" means a person or company that grants a franchise to
a franchisee.
  (i) "Gasoline" means any fuel sold in this state for use  in  internal
combustion  engines  which  is commercially known or offered for sale as
gasoline, whether or not blended with ethanol or other chemicals.
  (j) "Motor fuel" means any petroleum product, including  any  gasoline
or  diesel  motor  fuel, which is used for the propulsion of motor vehi-
cles.
  (k) "Retailer" means any person who  owns,  operates,  or  controls  a
retail  outlet that is subject to the requirements of subdivision two of
this section.
  (l) "Retail outlet" means a facility, including all land, improvements
and associated structures and equipment, that dispenses motor  fuel  for
sale to the general public.
  (M) "STRATEGIC UPSTATE HIGHWAYS" MEANS THE FOLLOWING:
  (I) I-87 BEGINNING AT THE ROCKLAND-ORANGE COUNTY LINE THENCE NORTHERLY
PASSING  THROUGH  OR  IN THE VICINITY OF ALBANY TO THE INTERSECTION WITH
I-90, THE FOREGOING ROUTE BEING A PORTION OF THE NEW YORK STATE THRUWAY;
THENCE CONTINUING NORTHERLY TO THE NEW YORK-CANADA BORDER;
  (II) I-90 BEGINNING AT I-87 IN THE VICINITY OF ALBANY THENCE  WESTERLY
PASSING  THROUGH  OR  IN  THE  VICINITY OF SCHENECTADY, UTICA, SYRACUSE,
ROCHESTER, AND BUFFALO;  THENCE  CONTINUING  SOUTHWESTERLY  TO  THE  NEW
YORK-PENNSYLVANIA BORDER, THE FOREGOING ROUTE BEING A PORTION OF THE NEW
YORK STATE THRUWAY;
  (III) THE BERKSHIRE SECTION OF THE NEW YORK STATE THRUWAY BEGINNING AT
I-87  THENCE  EASTERLY  TO  THE INTERSECTION WITH I-90 AND CONTINUING ON
I-90 TO THE NEW YORK-MASSACHUSETTS BORDER;
  (IV) I-84 BEGINNING AT THE NEW YORK-NEW JERSEY BORDER THENCE  EASTERLY
PASSING  THROUGH OR IN THE VICINITY OF NEWBURGH, THENCE CONTINUING EAST-
ERLY AND SOUTHEASTERLY TO THE NEW YORK-CONNECTICUT BORDER;
  (V) I-88 BEGINNING AT  I-81  IN  THE  VICINITY  OF  BINGHAMTON  THENCE
NORTHEASTERLY TO I-90 IN THE VICINITY OF SCHENECTADY;
  (VI) I-86/STATE ROUTE 17 BEGINNING AT I-87 IN THE VICINITY OF WOODBURY
THENCE  WESTERLY AND NORTHWESTERLY PASSING THROUGH OR IN THE VICINITY OF
BINGHAMTON, ELMIRA, AND JAMESTOWN, CONTINUING TO THE NEW YORK-PENNSYLVA-
NIA BORDER;
  (VII) I-81 BEGINNING AT THE NEW YORK-PENNSYLVANIA BORDER THENCE NORTH-
ERLY PASSING THROUGH OR IN  THE  VICINITY  OF  SYRACUSE  AND  WATERTOWN,
CONTINUING TO THE NEW YORK-CANADA BORDER;
  (VIII)  I-390  BEGINNING  AT  I-86  IN  THE  VICINITY  OF AVOCA THENCE
NORTHWESTERLY AND NORTHERLY IN I-490 IN THE VICINITY OF ROCHESTER; AND
  (IX) I-190 BEGINNING AT  I-90  IN  THE  VICINITY  OF  BUFFALO,  THENCE
WESTERLY,  NORTHWESTERLY,  AND  NORTHERLY  THROUGH BUFFALO, ACROSS GRAND
ISLAND, THE FOREGOING ROUTE BEING A PORTION OF THE NEW YORK STATE  THRU-
WAY, AND THENCE GENERALLY WESTERLY TO THE UNITED STATES-CANADA BORDER IN
THE VICINITY OF LEWISTON.
  (N) "UPSTATE REGION" MEANS ANY COUNTY OF THE STATE THAT IS NOT PART OF
THE DOWNSTATE REGION.

S. 6357--A                         48                         A. 8557--A

  2.  Prewiring and transfer switch. (a) Retail outlets in the downstate
region shall be prewired with an appropriate transfer switch  for  using
an alternate generated power source at such retail outlets as follows:
  (i)  each  retail  outlet  in  operation on the effective date of this
section that is located within one-half mile by road measurement from an
exit road on a controlled access highway or  from  an  evacuation  route
shall be prewired by no later than April first, two thousand fourteen;
  (ii)  each  retail outlet beginning operation after the effective date
of this section and before April first, two thousand  fourteen  that  is
located  within one-half mile by road measurement from an exit road on a
controlled access highway or from an evacuation route shall be  prewired
by no later than April first, two thousand fifteen;
  (iii)  each retail outlet that is located within one-half mile by road
measurement from an evacuation route that is designated  as  such  after
the effective date of this section or within one-half mile by road meas-
urement  from  an exit road that is established after the effective date
of this section shall be prewired within one year of such designation or
establishment provided that funding is available at such  time  for  the
program established under subdivision twenty of section eighteen hundred
fifty-four of the public authorities law; and
  (iv)  thirty percent of all retail outlets that are part of a chain of
retail outlets, exclusive of those included in subparagraphs  (i),  (ii)
and  (iii)  of this paragraph, shall be prewired by no later than August
first, two thousand fifteen, provided, however, in the case of an exist-
ing retail outlet that becomes part of a chain of retail  outlets  after
the  effective  date of this section and that has been designated by the
chain as an outlet comprising such thirty  percent,  by  no  later  than
August  first,  two  thousand fifteen or one year after becoming part of
such chain, whichever is later, and provided further, in the case  of  a
retail outlet that is part of a chain of retail outlets, is part of such
thirty  percent  and  is subject to paragraph (b) of this subdivision as
required in paragraph (b) of this subdivision.
  (A-1) RETAIL OUTLETS IN THE UPSTATE REGION SHALL BE PREWIRED  WITH  AN
APPROPRIATE  TRANSFER  SWITCH  FOR  USING  AN  ALTERNATE GENERATED POWER
SOURCE AT SUCH RETAIL OUTLETS AS FOLLOWS:
  (I) EACH RETAIL OUTLET IN OPERATION ON  THE  EFFECTIVE  DATE  OF  THIS
PARAGRAPH  THAT IS LOCATED ON A STRATEGIC UPSTATE HIGHWAY OR WITHIN ONE-
HALF MILE BY ROAD MEASUREMENT FROM AN EXIT ROAD ON A  STRATEGIC  UPSTATE
HIGHWAY  OR  FROM AN EVACUATION ROUTE SHALL BE PREWIRED BY NO LATER THAN
APRIL FIRST, TWO THOUSAND FIFTEEN;
  (II) EACH RETAIL OUTLET BEGINNING OPERATION AFTER THE  EFFECTIVE  DATE
OF  THIS  PARAGRAPH AND BEFORE APRIL FIRST, TWO THOUSAND FIFTEEN THAT IS
LOCATED ON A STRATEGIC UPSTATE HIGHWAY OR WITHIN ONE-HALF MILE  BY  ROAD
MEASUREMENT  FROM AN EXIT ROAD ON A STRATEGIC UPSTATE HIGHWAY OR FROM AN
EVACUATION ROUTE SHALL BE PREWIRED BY NO LATER  THAN  APRIL  FIRST,  TWO
THOUSAND SIXTEEN; AND
  (III)  EACH RETAIL OUTLET THAT IS LOCATED WITHIN ONE-HALF MILE BY ROAD
MEASUREMENT FROM AN EVACUATION ROUTE THAT IS DESIGNATED  AS  SUCH  AFTER
THE  EFFECTIVE DATE OF THIS SECTION OR ON A STRATEGIC UPSTATE HIGHWAY OR
WITHIN ONE-HALF MILE BY ROAD MEASUREMENT FROM AN EXIT ROAD ON A  STRATE-
GIC UPSTATE HIGHWAY THAT IS ESTABLISHED AFTER THE EFFECTIVE DATE OF THIS
PARAGRAPH  SHALL  BE  PREWIRED  WITHIN  ONE  YEAR OF SUCH DESIGNATION OR
ESTABLISHMENT PROVIDED THAT FUNDING IS AVAILABLE AT SUCH  TIME  FOR  THE
PROGRAM ESTABLISHED UNDER SUBDIVISION TWENTY OF SECTION EIGHTEEN HUNDRED
FIFTY-FOUR OF THE PUBLIC AUTHORITIES LAW.

S. 6357--A                         49                         A. 8557--A

  (b)  Each  retail  outlet  for which a building permit is issued on or
after April first, two thousand fourteen for  new  construction  or  for
substantial  demolition  and  reconstruction,  shall be prewired with an
appropriate transfer switch  for  using  an  alternate  generated  power
source.
  (c) Such transfer switch and all associated electrical wiring shall be
installed,  operated,  and  maintained in compliance with all applicable
provisions of the New York state uniform fire  prevention  and  building
code  or any applicable local building code or standard. Installation of
appropriate wiring  and  transfer  switches  shall  be  performed  by  a
licensed electrical contractor.
  (d)  Each  retailer  shall keep on file at the retail outlet a written
statement in a form approved by the department and containing an  attes-
tation  by  a  licensed  electrician that the wiring and transfer switch
were installed in accordance with the manufacturer's specifications.  In
addition,  each  such  retailer  shall  maintain the wiring and transfer
switch in accordance with the manufacturer's specifications.
  (e) Each retail outlet IN THE DOWNSTATE REGION  in  operation  on  the
effective date of this section that sold less than seventy-five thousand
gallons  of  motor fuel per month on average for the period they were in
operation during the twelve months prior to the effective date shall  be
exempt from the requirements of this subdivision.
  3.  Emergency deployment. In the event that a declaration of an energy
or fuel supply emergency issued by the governor, the county executive of
a county [in the downstate region] CONTAINING RETAIL OUTLETS SUBJECT  TO
THE  PROVISIONS OF THIS SECTION or the mayor of a city with a population
in excess of one million inhabitants is  in  effect,  a  retailer  of  a
retail  outlet within any such county or city for which such declaration
was issued shall deploy and install an alternate generated power  source
as follows:
  (a)  For a retail outlet subject to the requirements of: (i) PARAGRAPH
(A-1) OF SUBDIVISION TWO OF THIS SECTION OR subparagraphs (i),  (ii)  or
(iii)  of paragraph (a) of subdivision two of this section or (ii) para-
graph (b) of subdivision two of this section  that  is  located  in  the
downstate  region and that is located within one-half mile by road meas-
urement from an exit road on a controlled  access  highway  or  from  an
evacuation  route, within twenty-four hours of such declaration, if such
outlet is without power at  the  time  of  such  declaration.  Provided,
however,  if  any such outlet loses power following such declaration and
while the declaration is still in effect, then the  alternate  generated
power source shall be deployed and installed within twenty-four hours of
such loss of power.
  (b)  For  a  retail  outlet  prewired  pursuant to the requirements of
subparagraph (iv) of paragraph (a) of subdivision two of  this  section,
within  forty-eight hours of such declaration, if such outlet is without
power at the time of such declaration. Provided, however,  if  any  such
outlet  loses power following such declaration and while the declaration
is still in effect, then the alternate generated power source  shall  be
deployed and installed within forty-eight hours of the loss of power.
  3-a.  Declaration of energy or fuel supply emergency. Upon issuance of
a declaration of an energy or fuel supply  emergency  pursuant  to  this
subdivision,  a  county  executive of a county [in the downstate region]
WHOSE RETAIL OUTLETS ARE SUBJECT TO THE PROVISIONS OF  THIS  SECTION  or
mayor  of  a city with a population in excess of one million inhabitants
who declared such emergency shall promptly notify the president  of  the
New  York  state  energy research and development authority, the commis-

S. 6357--A                         50                         A. 8557--A

sioner of homeland security and emergency services, and  impacted  resi-
dents using such means as are practicable and efficient.
  4. Plan for alternate generated power source. Each retailer subject to
subdivision  three of this section shall by the date of the installation
of the prewiring and transfer switch required under subdivision  two  of
this  section  have in place at each applicable retail outlet documenta-
tion in a form approved by the department demonstrating a plan to deploy
and install an alternate generated power source located at  such  retail
outlet  as  required under subdivision three of this section.  Such plan
shall take one of the following forms:
  (a) a receipt or other documentation showing ownership of  such  power
source;
  (b)  for  a  retailer subject to paragraph (a) of subdivision three of
this section, documentation attesting to participation  in  the  program
established  under  subdivision  twenty-one  of section eighteen hundred
fifty-four of the public authorities law; or
  (c) a contract with a supplier of  such  power  source  providing  for
deployment  and installation of such power source in compliance with the
requirements of this section, or other documentation  demonstrating  the
retailer's  ability  to  comply  with  the requirements of this section,
which may include the generator deployment and installation  plan  of  a
chain of retail outlets.
  5.  Inspection;  recordkeeping;  reporting.  The  commissioner  or the
commissioner's designee shall be  authorized  to  enter  during  regular
business  hours  upon  a  retail  outlet  subject to the requirements of
subdivision two of this section for the purpose of  determining  compli-
ance  with  the  provisions of this section and any rules or regulations
promulgated hereunder. All documents required pursuant  to  subdivisions
two  and  four  of  this  section  shall be maintained at the applicable
retail outlet and made available to the commissioner or the  commission-
er's  designee  upon  request.  In  addition,  each retailer of a retail
outlet, except for retail outlets granted exemptions under paragraph (e)
of subdivision two of this section, shall provide to the  department  by
[April first, two thousand fourteen] THE DATE OF THE INSTALLATION OF THE
PREWIRING  AND  TRANSFER  SWITCH  REQUIRED UNDER SUBDIVISION TWO OF THIS
SECTION and every two years thereafter written documentation in  a  form
approved  by  the  department  certifying  that such retail outlet is in
compliance with the requirements of this section, and any other require-
ment specified  by  any  rules  or  regulations  promulgated  hereunder;
provided,  however, that, for each retail outlet that is part of a chain
of retail outlets or to which subparagraph (ii) or  (iii)  of  paragraph
(a),  SUBPARAGRAPH (III) OF PARAGRAPH (A-1) or paragraph (b) of subdivi-
sion two applies, such written documentation shall be  provided  to  the
department within ten days after the date of installation of the prewir-
ing  and  transfer switch required to be installed under subdivision two
of this section and every two years thereafter.
  6. Rules and regulations; notification of applicability.  The  commis-
sioner shall have the authority, with the assistance of the commissioner
of  transportation,  the commissioner of homeland security and emergency
services, the president of the New York state energy research and devel-
opment authority, the secretary of state and the  chair  of  the  public
service  commission,  to  promulgate  such  rules and regulations as the
commissioner shall deem necessary to effectuate  the  purposes  of  this
section.  The  commissioner  shall by June first, two thousand thirteen:
(a) notify by first class mail all existing retail outlets  that  appear
to meet the criteria specified in subdivision two of this section of the

S. 6357--A                         51                         A. 8557--A

requirements  of  this  section  and  include with such notification any
other information deemed necessary by the commissioner, including infor-
mation regarding applicability criteria, compliance measures and  poten-
tial  grant assistance; (b) provide a list of all such retail outlets to
the governor, the temporary president of the senate and the  speaker  of
the  assembly;  and  (c)  post  such  list  on the department's website,
PROVIDED HOWEVER THAT FOR RETAIL OUTLETS SUBJECT TO PARAGRAPH  (A-1)  OF
SUBDIVISION TWO OF THIS SECTION, SUCH ACTIONS SHALL OCCUR BY JUNE FIRST,
TWO THOUSAND FOURTEEN.  If approval of federal mitigation funds or other
approved  resources for the program established under subdivision twenty
of section eighteen hundred fifty-four of  the  public  authorities  law
occurs  after  June first, two thousand thirteen, the commissioner shall
provide additional notification of such approval within thirty days. Any
retailer of a retail outlet specified on such list shall be  subject  to
the  requirements  of  this  section  unless  he or she provides written
documentation to the department by August first, two  thousand  thirteen
proving  that  such  outlet  does  not  qualify,  or  is eligible for an
exemption pursuant to paragraph (e) of subdivision two of this  section;
PROVIDED  HOWEVER  THAT FOR RETAIL OUTLETS SUBJECT TO PARAGRAPH (A-1) OF
SUBDIVISION TWO OF THIS SECTION, ANY RETAILER OF A RETAIL OUTLET  SPECI-
FIED  ON  SUCH LIST SHALL BE SUBJECT TO THE REQUIREMENTS OF THIS SECTION
UNLESS HE OR SHE PROVIDES WRITTEN DOCUMENTATION  TO  THE  DEPARTMENT  BY
AUGUST  FIRST,  TWO  THOUSAND FOURTEEN PROVING THAT SUCH OUTLET DOES NOT
QUALIFY.  The commissioner shall update such list every five years ther-
eafter, OR MORE FREQUENTLY AS  THE  COMMISSIONER  DEEMS  NECESSARY,  and
notify all new retail outlets that become subject to the requirements of
this  section;  provided, however, that compliance with the requirements
of this section is not conditioned on such notification.
  7. Violations and penalties. Any retailer who violates  any  provision
of  this section, or any rule or regulation promulgated hereunder, shall
be liable to the people of the state for a civil penalty of  up  to  one
thousand  five  hundred  dollars per day for every such violation, to be
assessed by the commissioner, after a hearing or opportunity to be heard
upon due notice and with the right  to  representation  by  counsel.  In
determining  the  amount  of  civil penalty, the commissioner shall take
into consideration mitigating factors, such as the availability of gaso-
line at the retail outlet, provided that the  retailer  did  not  refuse
such delivery, and the extent to which the retailer's action or inaction
contributed to the violation. Such penalty may be recovered in an action
brought  by  the  attorney general at the request and in the name of the
commissioner in any court of competent jurisdiction. Such civil  penalty
may be released or compromised by the commissioner before the matter has
been  referred to the attorney general. Additionally, after such hearing
and a finding that such retailer has violated  the  provisions  of  this
section,  or  of  any  rule  or  regulation  promulgated thereunder, the
commissioner may issue and cause to be served upon such person an  order
enjoining  such  person  from  violating  such provisions and taking all
necessary actions for such person to  come  into  compliance  with  such
provisions.  Any  such  order  of the commissioner may be enforced in an
action brought by the attorney general at the request and in the name of
the commissioner in any court of competent jurisdiction.
  Notwithstanding the foregoing, such retailer shall not be in violation
of subdivision three of this section if he or she is unable  to  deploy,
install or operate an alternate generated power source because of uncon-
trollable  circumstances,  including  but  not  limited to, restrictions
imposed by public safety officers to address an emergency  situation  or

S. 6357--A                         52                         A. 8557--A

that such retail station is made unsafe or unable to operate due to acts
of  God,  fires, floods, explosions or the safety of personnel needed to
operate such retail outlet. Additionally, such retailer shall not be  in
violation of subdivision three of this section if he or she is a partic-
ipant in the program established under subdivision twenty-one of section
eighteen  hundred fifty-four of the public authorities law and a genera-
tor is not provided to the retailer due to  the  prioritization  allowed
under such subdivision or through no fault of the retailer.
  8.  This  section  shall  not  be construed to require any retailer to
maintain set business hours in the event of an  energy  or  fuel  supply
emergency.
  9.  The  provisions  of this section shall supersede all local laws or
ordinances in the downstate region AND IN COUNTIES IN THE UPSTATE REGION
WHOSE RETAIL OUTLETS ARE SUBJECT  TO  THE  PROVISIONS  OF  THIS  SECTION
relating  to  the  installation and deployment of an alternate generated
power source or any related electrical or other equipment at any  retail
outlet.
  10.  The  requirements  of  this  section  shall  be contingent on the
approval of federal mitigation funds or other approved resources for the
program established under subdivision twenty of section eighteen hundred
fifty-four of the public authorities law. In  the  event  such  approval
does  not  occur  as of June first, two thousand thirteen, all deadlines
with a date of April first, two thousand fourteen shall  be  delayed  by
the  amount  of time such approval is delayed past June first, two thou-
sand thirteen.
  S 3. Subdivisions 20 and 21 of section 1854 of the public  authorities
law,  as added by section 3 of part S of chapter 58 of the laws of 2013,
are amended to read as follows:
  20. To administer a program, using funds provided for such purpose, to
provide a grant based on standards and  guidelines  established  by  the
authority for costs as follows:
  (a)  for  each  retail outlet that is in operation before April first,
two thousand fourteen and is subject to the  requirements  of  paragraph
(a)  of  subdivision  three  of  section one hundred ninety-two-h of the
agriculture and markets law AND FOR EACH RETAIL OUTLET THAT IS IN OPERA-
TION BEFORE APRIL FIRST, TWO THOUSAND FIFTEEN  AND  IS  SUBJECT  TO  THE
REQUIREMENTS  OF  PARAGRAPH  (A-1)  OF  SUBDIVISION  TWO  OF SECTION ONE
HUNDRED NINETY-TWO-H OF THE AGRICULTURE AND MARKETS LAW:
  (i) no greater than ten thousand  dollars  required  to  prewire  such
retail outlet with an appropriate transfer switch for using an alternate
generated power source as defined in section one hundred ninety-two-h of
the agriculture and markets law; or
  (ii)  no  greater  than  thirteen thousand dollars required to prewire
such retail outlet with an appropriate  transfer  switch  for  using  an
alternate generated power source as defined in section one hundred nine-
ty-two-h  of  the  agriculture  and  markets law and purchase such power
source to be permanently affixed at the site.
  (b) for each retail outlet that is in operation  before  April  first,
two  thousand  fourteen  and is subject to the requirements of paragraph
(b) of subdivision three of section  one  hundred  ninety-two-h  of  the
agriculture  and  markets  law,  no  greater  than  ten thousand dollars
required to: (i) prewire an existing retail outlet with  an  appropriate
transfer switch for using an alternate generated power source as defined
in  section one hundred ninety-two-h of the agriculture and markets law;
and/or (ii) purchase such power source to be permanently affixed at  the
site.

S. 6357--A                         53                         A. 8557--A

  (c)  to the extent funds are available, for retail outlets that become
operational on or after April first, two thousand fourteen, or to  which
subdivision  two  of section one hundred ninety-two-h of the agriculture
and markets law becomes applicable after  the  effective  date  of  this
subdivision,  which  grants  shall  otherwise  be  subject  to  the same
amounts, purposes and restrictions as paragraphs (a)  and  (b)  of  this
subdivision.
  The  authority  may  offer any funds provided for such purpose and not
expended to retail outlets that are not  required  to  comply  with  the
requirements  of  subdivision two of section one hundred ninety-two-h of
the agriculture and markets law but that seek  to  participate  in  such
program.
  21.  To  administer  a  program  to establish a pool of generators for
retail outlets as defined in section one  hundred  ninety-two-h  of  the
agriculture  and markets law. The authority may enter into or facilitate
contracts, lease agreements and any other  instruments  subject  to  the
provisions  of  law,  with  companies providing generators and generator
services to provide for such pool and the deployment and installation of
generators in the pool. Retail outlets that elect to participate in  the
program and are subject to the requirements of PARAGRAPH (A-1) OF SUBDI-
VISION  TWO OR paragraph (a) of subdivision three of section one hundred
ninety-two-h of the agriculture and markets law shall be  required  only
to  pay the actual cost of generator rental, deployment and installation
in the event that emergency deployment is  required,  provided,  that  a
participant must abide by the terms of any contract or written agreement
covering  the  rental, deployment and installation of such generator. In
the event that an insufficient number of generators is available to meet
required emergency deployment, the authority in  consultation  with  the
commissioner  of  homeland  security and emergency services shall prior-
itize such retail outlets as are most essential  to  public  safety  and
well-being  during  the energy or fuel supply emergency. When generators
from such program are  deployed,  the  authority  shall  provide  public
notice  on its website, to the media and through other means practicable
of those retail outlets where generators are deployed.
  S 4. This act shall take effect immediately.

                                 PART N

  Section 1. Section 2 of chapter 21 of the laws of 2003,  amending  the
executive  law  relating to permitting the secretary of state to provide
special handling for all documents filed or issued by  the  division  of
corporations  and to permit additional levels of such expedited service,
as amended by section 1 of part P of chapter 58 of the laws of 2013,  is
amended to read as follows:
  S  2.  This  act shall take effect immediately, provided however, that
section one of this act shall be deemed to have been in full  force  and
effect  on  and  after  April  1, 2003 and shall expire March 31, [2014]
2015.
  S 2. This act shall take effect immediately and  shall  be  deemed  to
have been in full force and effect on and after March 31, 2014.

                                 PART O

  Section  1.  Paragraph  (g) of section 104 of the business corporation
law, as amended by chapter 375 of the laws of 1998, is amended  to  read
as follows:

S. 6357--A                         54                         A. 8557--A

  (g)  The  department shall make, certify and transmit ELECTRONICALLY a
copy of each such instrument to the clerk of the  county  in  which  the
office  of  the  domestic or foreign corporation is or is to be located.
The county clerk shall file and index such copy.
  S  2.   Paragraph (g) of section 104 of the not-for-profit corporation
law, as amended by chapter 375 of the laws of 1998, is amended  to  read
as follows:
  (g)   The department shall make, certify and transmit ELECTRONICALLY a
copy of each such instrument to the clerk of the  county  in  which  the
office  of  the  domestic or foreign corporation is or is to be located.
The county clerk shall file and index such copy.
  S 3. This act shall take effect immediately.

                                 PART P

  Section 1. Subdivision 2 of section 160-f of  the  executive  law,  as
amended  by  chapter  397  of  the  laws  of 1991, is amended to read as
follows:
  2. Notwithstanding any other law, the department may transmit an annu-
al registry fee [of not more than twenty-five dollars]  AS  SET  BY  THE
FEDERAL  APPRAISAL  SUBCOMMITTEE  IN  ACCORDANCE  WITH  12  U.S.C.  3338
(A)(4)(A)  from  such  individuals  who  perform  or  seek  to   perform
appraisals in federally related transactions and to transmit a roster of
such  individuals to the Appraisal Subcommittee of the Federal Financial
Institutions Examination Council as required by Title XI of  the  Finan-
cial Institutions Reform, Recovery, and Enforcement Act of 1989.
  S 2. This act shall take effect immediately.

                                 PART Q

  Section  1.  Notwithstanding  any other law, rule or regulation to the
contrary, expenses of the department of health public service  education
program  incurred  pursuant  to appropriations from the cable television
account of the state miscellaneous special revenue funds shall be deemed
expenses of the department of public service.
  S 2. This act shall take effect immediately and  shall  be  deemed  to
have been in full force and effect on and after April 1, 2014.

                                 PART R

  Section  1. Section 5 of the public service law is amended by adding a
new subdivision 7 to read as follows:
  7. (A) THE COMMISSION MAY, AFTER  NOTICE  AND  HEARING,  FORBEAR  FROM
APPLYING  THE  PROVISIONS  OF  SUBDIVISION TWO OF SECTION NINETY-ONE AND
SECTION NINETY-TWO, NINETY-NINE, ONE HUNDRED, ONE  HUNDRED  ONE  OR  ONE
HUNDRED  ONE-A  OF  THIS  CHAPTER  TO A TELEPHONE CORPORATION, TELEPHONE
SERVICE, OR CLASS OF TELEPHONE CORPORATIONS  OR  TELEPHONE  SERVICES  AS
DEFINED  IN  COMMISSION  REGULATIONS,  IN  ANY  GEOGRAPHIC MARKET UPON A
DETERMINATION THAT:
  (I) APPLICATION OF A PROVISION IS NOT NECESSARY  TO  ENSURE  JUST  AND
REASONABLE  RATES  AND CHARGES AND RATES THAT ARE NOT UNJUSTLY OR UNREA-
SONABLY DISCRIMINATORY;
  (II) APPLICATION OF A PROVISION IS NOT  NECESSARY  FOR  PROTECTION  OF
CONSUMERS; AND

S. 6357--A                         55                         A. 8557--A

  (III)  FORBEARANCE  FROM  APPLYING  A PROVISION IS CONSISTENT WITH THE
PUBLIC INTEREST, INCLUDING, BUT NOT LIMITED TO, PROMOTION OF COMPETITIVE
MARKET CONDITIONS AND COMPETITION AMONG PROVIDERS OF TELEPHONE SERVICES.
  (B)  ANY TELEPHONE CORPORATION OR SUCH CLASS OF TELEPHONE CORPORATIONS
MAY PETITION THE COMMISSION FOR EXERCISE OF THE AUTHORITY GRANTED  UNDER
THIS SUBDIVISION.
  S  2.  Paragraph  (d)  of  subdivision  5  of section 52 of the public
service law, as added by chapter 186 of the laws of 1995, is amended  to
read as follows:
  (d)  when  such determination follows a customer complaint regarding a
shared meter condition or a utility discovery of a shared  meter  condi-
tion  that  is  not  in  response  to  an  owner's request for a utility
inspection for a shared meter condition, with respect to utility service
billed after December first, nineteen hundred  ninety-six,  the  utility
shall  comply with the provisions of paragraphs (a), (b) and (c) of this
subdivision, and further bill the owner and refund to the  shared  meter
customer  an estimated amount of THE charges for [twelve months] TWENTY-
FIVE PERCENT of all service measured by  the  shared  meter  FOR  TWELVE
MONTHS;  provided,  however,  that  this  paragraph shall not apply to a
shared meter condition if service measured through the shared  meter  is
minimal  under commission rules adopted pursuant to subdivision eight of
this section[. An owner so billed] OR IN THE EVENT AN OWNER, PURSUANT TO
SUBPARAGRAPH (I) OF PARAGRAPH (B) OF SUBDIVISION TWO OF THIS SECTION, IS
EXCUSED FROM CORRECTING THE SHARED METER CONDITION BY A  LEGAL  PROHIBI-
TION  OR EXORBITANT COST AS DEFINED BY COMMISSION RULES ADOPTED PURSUANT
TO SUBDIVISION EIGHT OF THIS SECTION. A SHARED METER CUSTOMER may  peti-
tion  the commission or its designee for a determination that the amount
of such [bill is excessive] ASSESSMENT IS UNSATISFACTORY and  that  such
bill  and  refund be adjusted [accordingly]; provided, however, [neither
the adjusted bill nor] THAT the adjusted  refund  shall  [be  less  than
twenty-five  percent  of]  NOT  EXCEED  the total amount of the original
bill. [The commission is authorized to make  such  a  determination  and
adjustment  if it finds that a bill and refund of twelve months' charges
is unduly burdensome and  unfair.]  In  making  such  determination  the
commission  or  its designee shall consider the total amount of the bill
and refund in relation to the shared area charges over such twelve month
period and any other equitable factors established  by  the  commission;
and
  S  3. Section 221 of the public service law, as added by chapter 83 of
the laws of 1995, is amended to read as follows:
  S 221. Certificate of confirmation. 1.  Except  as  provided  in  this
section,  no  person  shall  exercise a franchise, and no such franchise
shall be effective, [until the commission has confirmed such  franchise.
A  person wishing to exercise a franchise shall file with the commission
an application for a  certificate  of  confirmation  in  such  form  and
containing  such information and supportive documentation as the commis-
sion may require. The application  shall  be  accompanied  by  proof  of
service  thereof  upon  the franchisor and by such fee as the commission
may set] UNLESS A COPY OF SUCH FRANCHISE HAS BEEN APPROVED BY THE  MUNI-
CIPALITY,  AND  PROPERLY FILED WITH THE COMMISSION WITHIN THIRTY DAYS OF
MUNICIPAL APPROVAL. SUCH FRANCHISE SHALL BE SUBJECT, AT  A  MINIMUM,  TO
THE  FRANCHISING  STANDARDS  SET FORTH IN THIS ARTICLE AND THE RULES AND
REGULATIONS PROMULGATED THEREUNDER BY THE COMMISSION.
  2. A FRANCHISE SHALL BE DEEMED GRANTED FORTY-FIVE DAYS AFTER THE FRAN-
CHISE IS FILED PURSUANT TO SUBDIVISION ONE OF THIS  SECTION  UNLESS  THE
COMMISSION, OR ITS DESIGNEE, DETERMINES WITHIN SUCH FORTY-FIVE DAY PERI-

S. 6357--A                         56                         A. 8557--A

OD THAT THE PUBLIC INTEREST REQUIRES THE COMMISSION'S REVIEW AND WRITTEN
ORDER.
  [2.]  3.  The  commission may hold a public hearing on any application
for a certificate of confirmation if it determines that such  a  hearing
is  in  the public interest. The commission shall fix the time and place
for such a hearing and cause notice thereof to be given  to  the  appli-
cant,  the chief executive officer of the municipality issuing the fran-
chise and such other persons as the  commission  may  deem  appropriate.
Testimony  may be taken and evidence received at such a hearing pursuant
to such rules and procedures as the commission may establish.
  [3.] 4. [The commission shall issue a] A certificate  of  confirmation
of  the  franchise  [unless  it  finds  that  (a) the applicant, (b) the
proposed cable television system, or (c) the proposed franchise does not
conform to the standards established in the regulations  promulgated  by
the  commission  pursuant  to  subdivision  two  of  section two hundred
fifteen, or that operation of the proposed cable  television  system  by
the  applicant  under the proposed cable television system by the appli-
cant under the proposed franchise would be  in  violation  of  law,  any
regulation  or  standard  promulgated  by  the  commission or the public
interest.] SHALL BE DEEMED CONFIRMED FORTY-FIVE DAYS AFTER THE FRANCHISE
IS FILED PURSUANT TO SUBDIVISION ONE OF THIS SECTION UNLESS THE  COMMIS-
SION, OR ITS DESIGNEE, DETERMINES WITHIN SUCH FORTY-FIVE DAY PERIOD THAT
THE PUBLIC INTEREST REQUIRES THE COMMISSION'S REVIEW AND WRITTEN ORDER.
  [4.] 5. The commission may issue a certificate of confirmation contin-
gent  upon  compliance  with  standards,  terms or conditions set by the
commission which it determines would not have been met by the applicant,
system or franchise as proposed.
  [5.] 6. In the event the commission refuses to issue a certificate  of
confirmation,  it  shall  set forth in writing the reasons for its deci-
sion.
  [6. Any cable television company which, pursuant to any existing fran-
chise, (i) was lawfully  engaged  in  actual  operations  for  (ii)  had
commenced  substantial  construction  (as  such  term  is defined by the
commission) of a cable television  system  on  January  first,  nineteen
hundred  seventy-two may continue to exercise said franchise pursuant to
the terms thereof, provided such company files with the  commission,  on
or  before  July first, nineteen hundred seventy-three an application in
such form and containing such information and  supporting  documentation
as  the commission may require. The commission shall issue a certificate
of confirmation to such a cable television company valid for five  years
without  further  proceedings,  which  certificate may be renewed by the
commission on application for five year terms pursuant to the provisions
of section two hundred twenty-two.
  7. Notwithstanding any other provisions of  this  article,  any  cable
television  company  engaged  in  actual  and lawful nonfranchised cable
television operations on April first,  nineteen  hundred  seventy-three,
that  applied  for  a certificate of confirmation on or before September
first, nineteen hundred seventy-four and received a  certificate,  valid
for a five year period, may continue to operate within the limits of the
area in which it was actually rendering service on April first, nineteen
hundred  seventy-three, as determined by the commission.  Such a certif-
icate of confirmation may be renewed by the  commission  on  application
for  five  year  terms pursuant to the provisions of section two hundred
twenty-two of this article. Any such company which  failed  to  file  an
application pursuant to this section on or before September first, nine-
teen  hundred seventy-four, shall thereafter be prohibited from continu-

S. 6357--A                         57                         A. 8557--A

ing operation of  a  nonfranchised  cable  television  system,  provided
however,  that the commission may authorize such continued nonfranchised
operation in extraordinary circumstances for such periods as the commis-
sion may deem appropriate.
  8. Nothing in this section shall be deemed to validate a franchise not
granted  in  accordance  with  law or affect any claims in litigation on
January first, nineteen hundred seventy-three.   No  confirmation  under
this  section  shall  preclude  invalidation  of any franchise illegally
obtained.
  9.] 7. Confirmation by the commission  and  duties  performed  by  the
commission  with respect to its regulation of cable television providers
under this article shall not be deemed to constitute "supervision of the
state department of public service" for the purpose of  the  meaning  of
such  phrase  as  it  is  used  in  describing those utilities which are
subject to tax on a gross income basis under section one hundred  eight-
y-six-a  of  the  tax law or pursuant to section twenty-b of the general
city law and subdivision one of section [five hundred thirty]  5-530  of
the village law.
  S  4.  Section  222  of  the  public service law is REPEALED and a new
section 222 is added to read as follows:
  S 222. RENEWAL OR AMENDMENT OF FRANCHISES.  1. EXCEPT AS  PROVIDED  IN
THIS SECTION, NO PERSON SHALL RENEW OR AMEND A FRANCHISE RENEWAL, AND NO
SUCH  RENEWAL  OR  AMENDMENT  SHALL  BE EFFECTIVE, UNLESS A COPY OF SUCH
RENEWAL OR AMENDMENT HAS BEEN APPROVED BY THE MUNICIPALITY, AND PROPERLY
FILED WITH THE COMMISSION WITHIN THIRTY DAYS OF MUNICIPAL APPROVAL. SUCH
RENEWAL OR AMENDMENT SHALL BE SUBJECT, AT A MINIMUM, TO THE  FRANCHISING
STANDARDS  SET  FORTH  IN  THIS  ARTICLE  AND  THE RULES AND REGULATIONS
PROMULGATED THEREUNDER BY THE COMMISSION.
  2. RENEWALS AND AMENDMENTS SHALL BE  DEEMED  GRANTED  FORTY-FIVE  DAYS
AFTER  THE  RENEWAL OR AMENDMENT IS FILED PURSUANT TO SUBDIVISION ONE OF
THIS SECTION UNLESS THE COMMISSION, OR ITS DESIGNEE,  DETERMINES  WITHIN
SUCH FORTY-FIVE DAY PERIOD THAT THE PUBLIC INTEREST REQUIRES THE COMMIS-
SION'S REVIEW AND WRITTEN ORDER.
  S  5.  The public service law is amended by adding a new section 222-a
to read as follows:
  S 222-A. TRANSFER OF FRANCHISES AND TRANSFER  OF  CONTROL  OVER  FRAN-
CHISES  AND  SYSTEM  PROPERTIES. 1. NO TRANSFER OF ANY FRANCHISE, OR ANY
TRANSFER OF CONTROL OF A FRANCHISE OR CERTIFICATE OF CONFIRMATION OR  OF
FACILITIES  CONSTITUTING  A  SIGNIFICANT  PART  OF  ANY CABLE TELEVISION
SYSTEM SHALL BE EFFECTIVE WITHOUT THE PRIOR APPROVAL OF THE  COMMISSION.
SUCH  APPROVAL  SHALL  BE REQUIRED IN ADDITION TO ANY MUNICIPAL APPROVAL
REQUIRED UNDER THE FRANCHISE  OR  BY  LAW.  FOR  THE  PURPOSES  OF  THIS
SECTION,  A  MERGER  OR  CONSOLIDATION  OF  TWO OR MORE CABLE TELEVISION
COMPANIES SHALL BE DEEMED TO BE A TRANSFER OF THE FRANCHISES OR  CERTIF-
ICATES GRANTED TO SUCH COMPANIES.
  2. A PERSON WISHING TO TRANSFER A FRANCHISE, OR TO TRANSFER CONTROL OF
A  FRANCHISE  OR  OF  A SUBSTANTIAL PART OF THE FACILITIES THEREOF SHALL
FILE WITH THE COMMISSION AN APPLICATION FOR APPROVAL OF SUCH CHANGE,  IN
SUCH  FORM  AND  CONTAINING SUCH INFORMATION AND SUPPORTING DOCUMENTS AS
THE COMMISSION MAY REQUIRE. THE  APPLICATION  SHALL  BE  ACCOMPANIED  BY
PROOF OF SERVICE THEREOF UPON THE FRANCHISOR, IF ANY, AND BY SUCH FEE AS
THE  COMMISSION MAY SET. THE COMMISSION MAY HOLD A PUBLIC HEARING ON ANY
SUCH APPLICATION.
  3. THE COMMISSION SHALL APPROVE THE APPLICATION UNLESS IT  FINDS  THAT
THE  APPLICANT,  THE  PROPOSED TRANSFEREE OR THE CABLE TELEVISION SYSTEM
DOES NOT CONFORM TO THE STANDARDS ESTABLISHED IN THE REGULATIONS PROMUL-

S. 6357--A                         58                         A. 8557--A

GATED BY THE COMMISSION PURSUANT TO THIS ARTICLE OR THAT APPROVAL  WOULD
BE  IN  VIOLATION  OF LAW, ANY REGULATION OR STANDARD PROMULGATED BY THE
COMMISSION OR THE PUBLIC INTEREST, PROVIDED HOWEVER, THAT A  FAILURE  TO
CONFORM  TO  THE STANDARDS ESTABLISHED IN THE REGULATIONS PROMULGATED BY
THE COMMISSION SHALL NOT PRECLUDE APPROVAL OF ANY  SUCH  APPLICATION  IF
THE COMMISSION FINDS THAT SUCH APPROVAL WOULD SERVE THE PUBLIC INTEREST.
  4.  THE COMMISSION MAY APPROVE THE APPLICATION CONTINGENT UPON COMPLI-
ANCE WITH STANDARDS, TERMS OR CONDITIONS SET BY THE COMMISSION WHICH  IT
DETERMINES  WOULD  NOT HAVE BEEN MET BY THE PROPOSED TRANSFER OF A FRAN-
CHISE.
  5. IN THE EVENT THE COMMISSION REFUSES TO APPROVE THE APPLICATION,  IT
SHALL SET FORTH IN WRITING THE REASONS FOR ITS DECISION.
  6.  APPROVAL OF A TRANSFER OF A FRANCHISE UNDER THIS SECTION SHALL NOT
PRECLUDE INVALIDATION OF A FRANCHISE ILLEGALLY OBTAINED.
  S 6. This act shall take effect immediately; provided,  however,  that
sections  three,  four  and  five  of this act shall apply to franchises
filed on or after the date this act shall have become a law.

                                 PART S

  Section 1. Paragraphs (a) and (b) of subdivision 6 of section 18-a  of
the public service law, paragraph (a) as amended by section 1 of part BB
of  chapter  59  of  the  laws  of  2013 and paragraph (b) as amended by
section 2 of part A of chapter 173 of the laws of 2013, are  amended  to
read as follows:
  (a)  Notwithstanding any provision of law to the contrary, and subject
to the exceptions provided for in paragraph (b) of this subdivision, for
the state fiscal year beginning on April first, two  thousand  nine  and
eight  state  fiscal  years  thereafter,  a  temporary annual assessment
(hereinafter "temporary state energy and  utility  service  conservation
assessment")  is  hereby imposed on public utility companies [(including
for the purposes of this subdivision municipalities other  than  munici-
palities  as  defined in section eighty-nine-l of this chapter)], corpo-
rations (including for purposes of  this  subdivision  the  Long  Island
power  authority),  and  persons  subject to the commission's regulation
(hereinafter such public utility companies,  corporations,  and  persons
are referred to collectively as the "utility entities") to encourage the
conservation  of  energy  and  other  resources provided through utility
entities, to be assessed in the manner  provided  in  this  subdivision;
provided,  however, that such assessment shall not be imposed upon (1) A
telephone [corporations as defined in subdivision seventeen  of  section
two of this article] CORPORATION, AND (2) A WATER-WORKS CORPORATION; AND
PROVIDED,  FURTHER,  THAT  SUCH ASSESSMENT SHALL NOT BE IMPOSED UPON THE
GROSS OPERATING REVENUES DERIVED FROM: (I) AN ELECTRIC CUSTOMER  ACCOUNT
WITH A MONTHLY PEAK DEMAND OF ONE THOUSAND KILOWATTS OR MORE IN THE LAST
PRECEDING  CALENDAR  YEAR AS DETERMINED PURSUANT TO THE UTILITY ENTITY'S
TARIFF, AND (II) A GAS CUSTOMER ACCOUNT WITH AN  ANNUAL  CONSUMPTION  IN
THE  LAST  PRECEDING CALENDAR YEAR OF ONE HUNDRED THOUSAND DEKATHERMS OR
MORE AS DETERMINED PURSUANT TO THE UTILITY ENTITY'S TARIFF.
  (b) The  temporary  state  energy  and  utility  service  conservation
assessment  shall  APPLY  ONLY TO THOSE CORPORATIONS AND GROSS OPERATING
REVENUES NOT EXEMPTED IN PARAGRAPH (A) OF THIS SUBDIVISION AND SHALL  be
based upon the following percentum of the utility entity's gross operat-
ing  revenues  derived  from  intrastate  utility operations in the last
preceding calendar year, minus the amount, if  any,  that  such  utility
entity  is assessed pursuant to subdivisions one and two of this section

S. 6357--A                         59                         A. 8557--A

for the corresponding state fiscal year period:  (1) two  percentum  for
the  state  fiscal  year  beginning  April first, two thousand thirteen;
[and] (2) 1.89 PERCENTUM FOR  the  state  fiscal  year  beginning  April
first,  two  thousand  fourteen;  [(2)  one and three-quarters] (3) 1.13
percentum for the state fiscal year beginning April first, two  thousand
fifteen;  and  [(3)  one  and one-half] (4) 0.83 percentum for the state
fiscal year beginning April first, two thousand sixteen.  A PAYMENT  FOR
SUCH  ASSESSMENT  RECEIVED BY A UTILITY ENTITY FOR THE STATE FISCAL YEAR
BEGINNING APRIL FIRST, TWO THOUSAND  FOURTEEN  AND  THEREAFTER  FOR  (I)
ELECTRIC  CUSTOMER  ACCOUNTS  WITH A MONTHLY PEAK DEMAND OF ONE THOUSAND
KILOWATTS OR MORE IN THE LAST  PRECEDING  CALENDAR  YEAR  AS  DETERMINED
PURSUANT  TO THE UTILITY ENTITY'S TARIFF, AND (II) GAS CUSTOMER ACCOUNTS
WITH AN ANNUAL CONSUMPTION IN THE LAST PRECEDING CALENDAR  YEAR  OF  ONE
HUNDRED THOUSAND DEKATHERMS OR MORE AS DETERMINED PURSUANT TO THE UTILI-
TY  ENTITY'S  TARIFF,  SHALL BE CREDITED TO SUCH CUSTOMER BY THE UTILITY
ENTITY, NO LESS FREQUENTLY THAN SEMI-ANNUALLY AND  IN  SUCH  MANNER  AND
FORM  AS MAY BE DETERMINED BY THE DEPARTMENT. With respect to the tempo-
rary state energy and utility service conservation assessment to be paid
for the state fiscal year beginning April first, two thousand  seventeen
and  notwithstanding clause (i) of paragraph (d) of this subdivision, on
or before March tenth, two thousand seventeen,  utility  entities  shall
make a payment equal to one-half of the assessment paid by such entities
pursuant  to this paragraph for the state fiscal year beginning on April
first, two thousand sixteen. With  respect  to  the  Long  Island  power
authority,  the  temporary state energy and utility service conservation
assessment shall APPLY ONLY TO THE GROSS OPERATING REVENUES NOT EXEMPTED
IN PARAGRAPH (A) OF THIS SUBDIVISION AND SHALL be based upon the follow-
ing percentum of such authority's gross operating revenues derived  from
intrastate utility operations in the last preceding calendar year, minus
the amount, if any, that such authority is assessed pursuant to subdivi-
sions  one-a  and two of this section for the corresponding state fiscal
year period: (1) one percentum for the state fiscal year beginning April
first, two thousand thirteen; [and] (2) 0.95  PERCENTUM  FOR  the  state
fiscal  year  beginning  April first, two thousand fourteen; [(2) three-
quarters of one] (3) 0.54 percentum for the state fiscal year  beginning
April first, two thousand fifteen; and [(3) one-half] (4) 0.36 percentum
for  the  state fiscal year beginning April first, two thousand sixteen;
provided, however, that should the amount assessed by the department for
costs and expenses pursuant to such subdivisions equal  or  exceed  such
authority's  temporary  state  energy  and  utility service conservation
assessment for a particular fiscal year, the amount  to  be  paid  under
this  subdivision  by  such authority shall be zero.  A PAYMENT FOR SUCH
ASSESSMENT RECEIVED FOR THE STATE FISCAL YEAR BEGINNING APRIL FIRST, TWO
THOUSAND FOURTEEN AND THEREAFTER FOR ELECTRIC CUSTOMER ACCOUNTS  WITH  A
MONTHLY  PEAK  DEMAND  OF  ONE  THOUSAND  KILOWATTS  OR MORE IN THE LAST
PRECEDING CALENDAR YEAR AS DETERMINED BY THE AUTHORITY'S TARIFF SHALL BE
CREDITED TO SUCH CUSTOMER BY THE  AUTHORITY,  NO  LESS  FREQUENTLY  THAN
SEMI-ANNUALLY  AND  IN  SUCH MANNER AND FORM AS MAY BE DETERMINED BY THE
AUTHORITY, IN CONSULTATION WITH THE  DEPARTMENT.  With  respect  to  the
temporary state energy and utility service conservation assessment to be
paid  for  the  state  fiscal  year  beginning April first, two thousand
seventeen and notwithstanding clause (i) of paragraph (d) of this subdi-
vision, on or before March  tenth,  two  thousand  seventeen,  the  Long
Island  power  authority  shall  make a payment equal to one-half of the
assessment it paid for the state fiscal year beginning on  April  first,
two  thousand sixteen. No corporation or person subject to the jurisdic-

S. 6357--A                         60                         A. 8557--A

tion of the commission only with respect to safety, or the power author-
ity of the state of New York, shall be subject to  the  temporary  state
energy  and  utility  service conservation assessment provided for under
this  subdivision.  Utility entities whose gross operating revenues from
intrastate utility operations are five hundred thousand dollars or  less
in  the  preceding  calendar  year shall not be subject to the temporary
state energy and utility service conservation  assessment.  The  minimum
temporary state energy and utility service conservation assessment to be
billed to any utility entity whose gross revenues from intrastate utili-
ty  operations  are  in  excess  of five hundred thousand dollars in the
preceding calendar year shall be two hundred dollars.
  S 2. This act shall take effect immediately and  shall  be  deemed  to
have been in full force and effect on and after April 1, 2014; provided,
however,  that  the  amendments  to subdivision 6 of section 18-a of the
public service law made by section one of this act shall not affect  the
repeal of such subdivision and shall be deemed to be repealed therewith.

                                 PART T

  Section  1. The opening paragraph of section 5102 of the insurance law
is amended and a new subsection (n) is added to read as follows:
  In this [chapter] ARTICLE:
  (N) "PROVIDER OF HEALTH SERVICES" MEANS AN INDIVIDUAL OR ENTITY WHO OR
THAT RENDERS OR HAS RENDERED HEALTH SERVICES.
  S 2. Section 5109 of the insurance law, as added by chapter 423 of the
laws of 2005, is amended to read as follows:
  S 5109. Unauthorized providers of health  services.  (a)  [The  super-
intendent,  in  consultation  with  the  commissioner  of health and the
commissioner of education, shall by regulation, promulgate standards and
procedures for investigating and suspending  or  removing  the  authori-
zation for providers of health services to demand or request payment for
health  services  as  specified  in  paragraph  one of subsection (a) of
section five thousand one hundred two  of  this  article  upon  findings
reached  after  investigation pursuant to this section. Such regulations
shall ensure the same  or  greater  due  process  provisions,  including
notice  and opportunity to be heard, as those afforded physicians inves-
tigated under article two of the workers'  compensation  law  and  shall
include  provision for notice to all providers of health services of the
provisions of this section and  regulations  promulgated  thereunder  at
least  ninety days in advance of the effective date of such regulations]
AS USED IN THIS SECTION, "HEALTH  SERVICES"  MEANS  SERVICES,  SUPPLIES,
THERAPIES,  OR  OTHER TREATMENTS AS SPECIFIED IN SUBPARAGRAPH (I), (II),
OR (IV) OF PARAGRAPH ONE OF SUBSECTION (A) OF SECTION FIVE THOUSAND  ONE
HUNDRED TWO OF THIS ARTICLE.
  (b)  [The  commissioner  of  health  and the commissioner of education
shall provide a list of the names of all providers  of  health  services
who  the  commissioner of health and the commissioner of education shall
deem, after  reasonable  investigation,  not  authorized  to  demand  or
request  any  payment  for medical services in connection with any claim
under this article because  such]  THE  SUPERINTENDENT  MAY  PROHIBIT  A
provider  of  health  services  FROM DEMANDING OR REQUESTING PAYMENT FOR
HEALTH SERVICES RENDERED UNDER THIS ARTICLE, FOR A PERIOD  SPECIFIED  BY
THE  SUPERINTENDENT,  IF THE SUPERINTENDENT DETERMINES, AFTER NOTICE AND
HEARING, THAT THE PROVIDER OF HEALTH SERVICES:
  (1) has ADMITTED TO, OR been FOUND guilty of, professional [or  other]
misconduct  [or  incompetency],  AS  DEFINED  IN  THE  EDUCATION LAW, in

S. 6357--A                         61                         A. 8557--A

connection with [medical] HEALTH services rendered under  this  article;
[or]
  (2)  [has exceeded the limits of his or her professional competence in
rendering medical care under this article or] has knowingly made a false
statement or representation as to a material fact in any medical  report
made,  OR  DOCUMENT  SUBMITTED,  in connection with any claim under this
article; or
  (3) solicited,  or  [has]  employed  another  PERSON  to  solicit  for
[himself  or  herself]  THE PROVIDER OF HEALTH SERVICES or [for] another
INDIVIDUAL OR ENTITY, professional treatment, examination or care of [an
injured] A person in connection with any claim under this article; [or]
  (4) [has] refused to appear before, or [to] answer ANY  QUESTION  upon
request  of,  the [commissioner of health, the] superintendent[,] or any
duly authorized officer of [the] THIS state, [any  legal  question,]  or
REFUSED  to produce any relevant information concerning [his or her] THE
conduct OF THE PROVIDER OF HEALTH SERVICES in connection with [rendering
medical] HEALTH services RENDERED under this article; [or]
  (5) [has] engaged in [patterns] A PATTERN of billing for:
  (A) HEALTH services [which] ALLEGED TO HAVE BEEN RENDERED  UNDER  THIS
ARTICLE, WHEN THE HEALTH SERVICES were not [provided.] RENDERED; OR
  (B) UNNECESSARY HEALTH SERVICES;
  (6)  UTILIZED  UNLICENSED PERSONS TO RENDER HEALTH SERVICES UNDER THIS
ARTICLE, WHEN ONLY A PERSON LICENSED IN THIS STATE MAY RENDER THE HEALTH
SERVICES;
  (7) UTILIZED LICENSED PERSONS TO RENDER HEALTH SERVICES, WHEN  RENDER-
ING  THE  HEALTH SERVICES IS BEYOND THE AUTHORIZED SCOPE OF THE PERSON'S
LICENSE;
  (8) DIRECTLY OR INDIRECTLY CEDED OWNERSHIP OR CONTROL  OF  A  BUSINESS
ENTITY AUTHORIZED TO PROVIDE PROFESSIONAL HEALTH SERVICES IN THIS STATE,
INCLUDING  A  PROFESSIONAL  SERVICE  CORPORATION,  PROFESSIONAL  LIMITED
LIABILITY COMPANY, OR REGISTERED LIMITED  LIABILITY  PARTNERSHIP,  TO  A
PERSON  NOT  LICENSED  TO RENDER THE HEALTH SERVICES WHICH THE ENTITY IS
LEGALLY AUTHORIZED TO PROVIDE,  EXCEPT  WHERE  THE  UNLICENSED  PERSON'S
OWNERSHIP OR CONTROL IS OTHERWISE PERMITTED BY LAW;
  (9)  HAS BEEN CONVICTED OF OR PLED GUILTY TO ANY CRIME OR VIOLATION OF
THE PENAL LAW IN CONNECTION WITH HEALTH  SERVICES  RENDERED  UNDER  THIS
ARTICLE;
  (10)  HAS  BEEN CONVICTED OF A CRIME INVOLVING FRAUDULENT OR DISHONEST
PRACTICES; OR
  (11) VIOLATED ANY PROVISION OF THIS ARTICLE OR REGULATIONS PROMULGATED
THEREUNDER.
  (c) [Providers] A PROVIDER of  health  services  shall  [refrain  from
subsequently treating for remuneration, as a private patient, any person
seeking  medical  treatment]  NOT  DEMAND  OR  REQUEST  PAYMENT FROM THE
PATIENT, ANY INSURER, OR ANY OTHER PERSON FOR ANY HEALTH SERVICES  under
this article [if such provider pursuant to this section has been prohib-
ited from demanding or requesting any payment for medical services under
this  article. An injured claimant so treated or examined may raise this
as] THAT ARE RENDERED DURING THE TERM OF THE PROHIBITION ORDERED BY  THE
SUPERINTENDENT  PURSUANT TO SUBSECTION (B) OF THIS SECTION. THE PROHIBI-
TION ORDERED BY THE SUPERINTENDENT MAY BE a defense  in  any  action  by
[such]  THE  provider  OF  HEALTH  SERVICES  for  payment for [treatment
rendered at any time  after  such  provider  has  been  prohibited  from
demanding  or requesting payment for medical services in connection with
any claim under this article] SUCH HEALTH SERVICES.

S. 6357--A                         62                         A. 8557--A

  (d) The [commissioner of health and  the  commissioner  of  education]
SUPERINTENDENT shall maintain [and regularly update] a database contain-
ing  a  list  of providers of health services prohibited by this section
from demanding or requesting any payment for health services  [connected
to a claim] RENDERED under this article and shall make [such] THE infor-
mation available to the public [by means of a website and by a toll free
number].
  (e)  THE  SUPERINTENDENT  MAY  LEVY  A CIVIL PENALTY NOT EXCEEDING TEN
THOUSAND DOLLARS FOR EACH OFFENSE ON ANY  PROVIDER  OF  HEALTH  SERVICES
THAT  THE  SUPERINTENDENT PROHIBITS FROM DEMANDING OR REQUESTING PAYMENT
FOR HEALTH SERVICES PURSUANT TO SUBSECTION  (B)  OF  THIS  SECTION.  ANY
CIVIL  PENALTY  IMPOSED  FOR  A  FRAUDULENT  INSURANCE ACT AS DEFINED IN
SECTION 176.05 OF THE PENAL LAW SHALL BE LEVIED PURSUANT TO ARTICLE FOUR
OF THIS CHAPTER.
  (F) Nothing in this section shall be  construed  as  limiting  in  any
respect the powers and duties of the commissioner of health, commission-
er  of  education  or  the  superintendent  to  investigate instances of
misconduct by a [health care] provider [and, after a  hearing  and  upon
written  notice  to  the provider, to temporarily prohibit a provider of
health services under such investigation from  demanding  or  requesting
any  payment  for  medical  services under this article for up to ninety
days from the date of such notice] OF HEALTH SERVICES AND TAKE APPROPRI-
ATE ACTION PURSUANT TO ANY OTHER PROVISION OF LAW.  A  DETERMINATION  OF
THE  SUPERINTENDENT PURSUANT TO SUBSECTION (B) OF THIS SECTION SHALL NOT
BE BINDING UPON THE COMMISSIONER OF HEALTH OR COMMISSIONER OF  EDUCATION
IN A PROFESSIONAL DISCIPLINE PROCEEDING RELATING TO THE SAME CONDUCT.
  S  3.  Paragraph  1  of subsection (a) of section 308 of the insurance
law, as amended by chapter 499 of the laws of 2009, is amended  to  read
as follows:
  (1)  The  superintendent  may  also  address to any health maintenance
organization, life settlement provider, life settlement intermediary  or
its  officers,  ANY  PROVIDER OF HEALTH SERVICES WHO DEMANDS OR REQUESTS
PAYMENT FOR HEALTH SERVICES RENDERED UNDER  ARTICLE  FIFTY-ONE  OF  THIS
CHAPTER,  or  any  authorized  insurer  or rate service organization, or
officers thereof, any inquiry in relation to its transactions or  condi-
tion  or  any matter connected therewith. Every corporation or person so
addressed shall reply in writing to such inquiry promptly and  truthful-
ly,  and  such  reply  shall  be,  if  required  by  the superintendent,
subscribed by such individual, or by  such  officer  or  officers  of  a
corporation, as the superintendent shall designate, and affirmed by them
as true under the penalties of perjury.
  S 4. The insurance law is amended by adding a new section 5110 to read
as follows:
  S  5110. EXAMINATIONS OF PROVIDERS OF HEALTH SERVICES; WHEN AUTHORIZED
OR REQUIRED.  (A) THE SUPERINTENDENT MAY MAKE AN EXAMINATION,  INCLUDING
AN  AUDIT OR UNANNOUNCED INSPECTION, INTO THE AFFAIRS OF ANY PROVIDER OF
HEALTH SERVICES THAT DEMANDS OR REQUESTS  PAYMENT  FOR  HEALTH  SERVICES
RENDERED  UNDER  THIS  ARTICLE  AS  OFTEN AS THE SUPERINTENDENT DEEMS IT
EXPEDIENT FOR THE PROTECTION OF THE INTERESTS  OF  THE  PEOPLE  OF  THIS
STATE.  AS  USED  IN  THIS  SECTION,  "HEALTH  SERVICES" MEANS SERVICES,
SUPPLIES, THERAPIES, OR OTHER TREATMENTS AS  SPECIFIED  IN  SUBPARAGRAPH
(I),  (II),  OR  (IV) OF PARAGRAPH ONE OF SUBSECTION (A) OF SECTION FIVE
THOUSAND ONE HUNDRED TWO OF THIS ARTICLE.
  (B)(1) WHENEVER THE SUPERINTENDENT  SHALL  DETERMINE  TO  EXAMINE  THE
AFFAIRS  OF  ANY  PROVIDER  OF HEALTH SERVICES, THE SUPERINTENDENT SHALL
MAKE AN ORDER INDICATING THE SCOPE OF THE EXAMINATION AND MAY APPOINT AS

S. 6357--A                         63                         A. 8557--A

EXAMINERS ONE OR MORE PERSONS NOT EMPLOYED BY  ANY  PROVIDER  OF  HEALTH
SERVICES  OR INSURER OR INTERESTED IN ANY PROVIDER OF HEALTH SERVICES OR
INSURER, EXCEPT AS A POLICYHOLDER. A  COPY  OF  SUCH  ORDER  SHALL  UPON
DEMAND BE EXHIBITED TO THE PROVIDER OF HEALTH SERVICES WHOSE AFFAIRS ARE
TO BE EXAMINED BEFORE THE EXAMINATION BEGINS.
  (2)  ANY  EXAMINER  AUTHORIZED  BY  THE  SUPERINTENDENT SHALL BE GIVEN
CONVENIENT ACCESS AT ALL REASONABLE HOURS TO THE BOOKS, RECORDS,  FILES,
SECURITIES  AND OTHER DOCUMENTS OF SUCH PROVIDER OF HEALTH SERVICES THAT
ARE RELEVANT TO THE EXAMINATION, AND  SHALL  HAVE  POWER  TO  ADMINISTER
OATHS AND TO EXAMINE UNDER OATH ANY OFFICER OR AGENT OF SUCH PROVIDER OF
HEALTH  SERVICES, AND ANY OTHER PERSON HAVING CUSTODY OR CONTROL OF SUCH
DOCUMENTS, REGARDING ANY MATTER RELEVANT TO THE EXAMINATION.
  (3) THE OFFICERS AND AGENTS OF SUCH PROVIDER OF HEALTH SERVICES  SHALL
FACILITATE  SUCH  EXAMINATION  AND  AID SUCH EXAMINERS IN CONDUCTING THE
SAME SO FAR AS IT IS IN THEIR POWER TO DO SO.
  (4) THE REFUSAL OF ANY PROVIDER OF HEALTH SERVICES TO SUBMIT TO  EXAM-
INATION SHALL BE GROUNDS FOR THE SUPERINTENDENT PROHIBITING THE PROVIDER
OF  HEALTH  SERVICES  FROM  DEMANDING  OR  REQUESTING PAYMENT FOR HEALTH
SERVICES RENDERED UNDER THIS ARTICLE PURSUANT TO SECTION  FIVE  THOUSAND
ONE HUNDRED NINE OF THIS ARTICLE.
  (5)  AN  EXAMINATION SHALL BE CONDUCTED CONSISTENT WITH ALL APPLICABLE
STATE AND FEDERAL PRIVACY LAWS.
  (6) THIS SECTION SHALL NOT APPLY TO A GENERAL HOSPITAL, AS DEFINED  IN
SUBDIVISION  TEN OF SECTION TWO THOUSAND EIGHT HUNDRED ONE OF THE PUBLIC
HEALTH LAW, OR A PROVIDER OF HEALTH SERVICES THAT  SUBMITTED  LESS  THAN
FIFTY  CLAIMS  IN  THE  PRIOR CALENDAR YEAR FOR HEALTH SERVICES RENDERED
UNDER THIS ARTICLE.
  S 5. This act shall take effect immediately; provided,  however,  that
sections  one  and two of this act shall take effect on the sixtieth day
after it shall have become a law.

                                 PART U

  Section 1. Paragraphs 11, 12, 13, 14, 16 and 17 of subsection  (a)  of
section 3217-a of the insurance law, as added by chapter 705 of the laws
of  1996,  are  amended  and four new paragraphs 16-a, 18, 19 and 20 are
added to read as follows:
  (11) where applicable, notice that an insured enrolled  in  a  managed
care  product  OR  IN  A COMPREHENSIVE POLICY THAT UTILIZES A NETWORK OF
PROVIDERS offered by the insurer may obtain a referral  [to]  OR  PREAU-
THORIZATION  FOR a health care provider outside of the insurer's network
or panel when the insurer does not have a health  care  provider  [with]
WHO  IS  GEOGRAPHICALLY ACCESSIBLE TO THE INSURED AND WHO HAS THE appro-
priate ESSENTIAL LEVEL OF training and  experience  in  the  network  or
panel  to  meet  the particular health care needs of the insured and the
procedure by which the insured can obtain such referral  OR  PREAUTHORI-
ZATION;
  (12)  where  applicable,  notice that an insured enrolled in a managed
care product OR A  COMPREHENSIVE  POLICY  THAT  UTILIZES  A  NETWORK  OF
PROVIDERS offered by the insurer with a condition which requires ongoing
care  from  a  specialist  may  request  a  standing  referral to such a
specialist and the procedure for requesting and obtaining such a  stand-
ing referral;
  (13)    where applicable, notice that an insured enrolled in a managed
care product OR A  COMPREHENSIVE  POLICY  THAT  UTILIZES  A  NETWORK  OF
PROVIDERS  offered  by  the  insurer  with  [(i)] (A) a life-threatening

S. 6357--A                         64                         A. 8557--A

condition or disease, or [(ii)] (B) a degenerative and disabling  condi-
tion  or disease, either of which requires specialized medical care over
a prolonged period of time may  request  a  specialist  responsible  for
providing  or  coordinating the insured's medical care and the procedure
for requesting and obtaining such a specialist;
  (14) where applicable, notice that an insured enrolled  in  a  managed
care  product  OR  A  COMPREHENSIVE  POLICY  THAT  UTILIZES A NETWORK OF
PROVIDERS offered by the  insurer  with  [(i)]  (A)  a  life-threatening
condition  or disease, or [(ii)] (B) a degenerative and disabling condi-
tion or disease, either of which requires specialized medical care  over
a  prolonged  period  of  time,  may  request access to a specialty care
center and the procedure by which such access may be obtained;
  (16) notice of all appropriate mailing addresses and telephone numbers
to be utilized by insureds seeking information or authorization; [and]
  (16-A) WHERE APPLICABLE, NOTICE THAT  AN  INSURED  SHALL  HAVE  DIRECT
ACCESS  TO  PRIMARY  AND  PREVENTIVE OBSTETRIC AND GYNECOLOGIC SERVICES,
INCLUDING ANNUAL EXAMINATIONS, CARE RESULTING FROM SUCH ANNUAL  EXAMINA-
TIONS,  AND  TREATMENT OF ACUTE GYNECOLOGIC CONDITIONS, FROM A QUALIFIED
PROVIDER OF SUCH SERVICES OF HER CHOICE FROM WITHIN THE PLAN OR FOR  ANY
CARE RELATED TO A PREGNANCY;
  (17) where applicable, a listing by specialty, which may be in a sepa-
rate  document that is updated annually, of the name, address, and tele-
phone number of all participating providers, including  facilities,  and
in   addition,  in  the  case  of  physicians,  board  certification[.],
LANGUAGES SPOKEN AND ANY AFFILIATIONS WITH PARTICIPATING HOSPITALS.  THE
LISTING  SHALL  ALSO  BE POSTED ON THE INSURER'S WEBSITE AND THE INSURER
SHALL UPDATE THE WEBSITE WITHIN FIFTEEN DAYS OF THE ADDITION  OR  TERMI-
NATION  OF A PROVIDER FROM THE INSURER'S NETWORK OR A CHANGE IN A PHYSI-
CIAN'S HOSPITAL AFFILIATION;
  (18) A DESCRIPTION OF THE METHOD BY WHICH  AN  INSURED  MAY  SUBMIT  A
CLAIM FOR HEALTH CARE SERVICES;
  (19) WHERE APPLICABLE, WITH RESPECT TO OUT-OF-NETWORK COVERAGE:
  (A)  A  CLEAR  DESCRIPTION  OF  THE METHODOLOGY USED BY THE INSURER TO
DETERMINE REIMBURSEMENT FOR OUT-OF-NETWORK HEALTH CARE SERVICES;
  (B) A DESCRIPTION OF THE AMOUNT THAT THE INSURER WILL REIMBURSE  UNDER
THE  METHODOLOGY  FOR OUT-OF-NETWORK HEALTH CARE SERVICES SET FORTH AS A
PERCENTAGE OF THE USUAL AND CUSTOMARY  COST  FOR  OUT-OF-NETWORK  HEALTH
CARE SERVICES; AND
  (C)  EXAMPLES OF ANTICIPATED OUT-OF-POCKET COSTS FOR FREQUENTLY BILLED
OUT-OF-NETWORK HEALTH CARE SERVICES; AND
  (20) INFORMATION IN WRITING  AND  THROUGH  AN  INTERNET  WEBSITE  THAT
REASONABLY  PERMITS  AN  INSURED OR PROSPECTIVE INSURED TO DETERMINE THE
ANTICIPATED OUT-OF-POCKET COST FOR OUT-OF-NETWORK HEALTH  CARE  SERVICES
IN  A  GEOGRAPHICAL  AREA  OR ZIP CODE BASED UPON THE DIFFERENCE BETWEEN
WHAT THE INSURER WILL REIMBURSE FOR OUT-OF-NETWORK HEALTH CARE  SERVICES
AND  THE  USUAL  AND  CUSTOMARY  COST  FOR  OUT-OF-NETWORK  HEALTH  CARE
SERVICES.
  S 2. Paragraphs 11 and 12 of subsection (b) of section 3217-a  of  the
insurance  law, as added by chapter 705 of the laws of 1996, are amended
and two new paragraphs 13 and 14 are added to read as follows:
  (11) where applicable, provide the written application procedures  and
minimum  qualification  requirements  for  health  care  providers to be
considered by the insurer for participation in the insurer's network for
a managed care product; [and]

S. 6357--A                         65                         A. 8557--A

  (12) disclose such other information as required  by  the  superinten-
dent,  provided  that  such requirements are promulgated pursuant to the
state administrative procedure act[.];
  (13)  DISCLOSE  WHETHER  A HEALTH CARE PROVIDER SCHEDULED TO PROVIDE A
HEALTH CARE SERVICE IS AN IN-NETWORK PROVIDER; AND
  (14)  WHERE  APPLICABLE,  WITH  RESPECT  TO  OUT-OF-NETWORK  COVERAGE,
DISCLOSE  THE  DOLLAR  AMOUNT  THAT  THE INSURER WILL PAY FOR A SPECIFIC
OUT-OF-NETWORK HEALTH CARE SERVICE.
  S 3. Section 3217-a of the insurance law is amended by  adding  a  new
subsection (f) to read as follows:
  (F)  FOR  PURPOSES  OF  THIS SECTION, "USUAL AND CUSTOMARY COST" SHALL
MEAN THE EIGHTIETH PERCENTILE OF ALL CHARGES FOR THE  PARTICULAR  HEALTH
CARE  SERVICE  PERFORMED  BY A PROVIDER IN THE SAME OR SIMILAR SPECIALTY
AND PROVIDED IN THE SAME GEOGRAPHICAL AREA AS REPORTED IN A BENCHMARKING
DATABASE MAINTAINED BY A NONPROFIT ORGANIZATION SPECIFIED BY THE  SUPER-
INTENDENT.  THE  NONPROFIT  ORGANIZATION SHALL NOT BE AFFILIATED WITH AN
INSURER, A CORPORATION SUBJECT TO ARTICLE FORTY-THREE OF THIS CHAPTER, A
MUNICIPAL COOPERATIVE HEALTH BENEFIT PLAN CERTIFIED PURSUANT TO  ARTICLE
FORTY-SEVEN OF THIS CHAPTER, OR A HEALTH MAINTENANCE ORGANIZATION CERTI-
FIED PURSUANT TO ARTICLE FORTY-FOUR OF THE PUBLIC HEALTH LAW.
  S  4.  Section  3217-d of the insurance law is amended by adding a new
subsection (d) to read as follows:
  (D) AN INSURER THAT ISSUES A  COMPREHENSIVE  POLICY  THAT  UTILIZES  A
NETWORK OF PROVIDERS AND IS NOT A MANAGED CARE HEALTH INSURANCE CONTRACT
AS  DEFINED IN SUBSECTION (C) OF SECTION FOUR THOUSAND EIGHT HUNDRED ONE
OF  THIS  CHAPTER,  SHALL  PROVIDE  ACCESS  TO  OUT-OF-NETWORK  SERVICES
CONSISTENT WITH THE REQUIREMENTS OF SUBSECTION (A) OF SECTION FOUR THOU-
SAND  EIGHT HUNDRED FOUR OF THIS CHAPTER, SUBSECTIONS (G-6) AND (G-7) OF
SECTION FOUR THOUSAND NINE HUNDRED OF THIS  CHAPTER,  SUBSECTIONS  (A-1)
AND  (A-2)  OF  SECTION FOUR THOUSAND NINE HUNDRED FOUR OF THIS CHAPTER,
PARAGRAPHS THREE AND FOUR OF SUBSECTION (B)  OF  SECTION  FOUR  THOUSAND
NINE HUNDRED TEN OF THIS CHAPTER, AND SUBPARAGRAPHS (C) AND (D) OF PARA-
GRAPH FOUR OF SUBSECTION (B) OF SECTION FOUR THOUSAND NINE HUNDRED FOUR-
TEEN OF THIS CHAPTER.
  S  5.  Section  3224-a of the insurance law is amended by adding a new
subsection (j) to read as follows:
  (J) AN INSURER OR AN ORGANIZATION OR CORPORATION LICENSED OR CERTIFIED
PURSUANT TO ARTICLE FORTY-THREE OR FORTY-SEVEN OF THIS CHAPTER OR  ARTI-
CLE  FORTY-FOUR OF THE PUBLIC HEALTH LAW OR A STUDENT HEALTH PLAN ESTAB-
LISHED OR MAINTAINED PURSUANT TO SECTION ONE THOUSAND ONE HUNDRED  TWEN-
TY-FOUR  OF THIS CHAPTER SHALL ACCEPT CLAIMS SUBMITTED BY A POLICYHOLDER
OR COVERED PERSON, IN WRITING, INCLUDING THROUGH THE INTERNET, BY  ELEC-
TRONIC MAIL OR BY FACSIMILE.
  S 6. The insurance law is amended by adding a new section 3241 to read
as follows:
  S  3241.    NETWORK  COVERAGE. (A) AN INSURER, A CORPORATION ORGANIZED
PURSUANT TO ARTICLE FORTY-THREE OF THIS CHAPTER, A MUNICIPAL COOPERATIVE
HEALTH BENEFIT PLAN CERTIFIED PURSUANT TO ARTICLE  FORTY-SEVEN  OF  THIS
CHAPTER,  OR A STUDENT HEALTH PLAN ESTABLISHED OR MAINTAINED PURSUANT TO
SECTION ONE THOUSAND ONE  HUNDRED  TWENTY-FOUR  OF  THIS  CHAPTER,  THAT
ISSUES  A  HEALTH  INSURANCE POLICY OR CONTRACT WITH A NETWORK OF HEALTH
CARE PROVIDERS SHALL ENSURE THAT THE NETWORK IS  ADEQUATE  TO  MEET  THE
HEALTH  NEEDS OF INSUREDS AND PROVIDE AN APPROPRIATE CHOICE OF PROVIDERS
SUFFICIENT TO RENDER THE SERVICES COVERED UNDER THE POLICY OR  CONTRACT.
THE SUPERINTENDENT SHALL REVIEW THE NETWORK OF HEALTH CARE PROVIDERS FOR
ADEQUACY  AT  THE  TIME  OF  THE  SUPERINTENDENT'S INITIAL APPROVAL OF A

S. 6357--A                         66                         A. 8557--A

HEALTH INSURANCE POLICY OR CONTRACT; AT LEAST EVERY THREE  YEARS  THERE-
AFTER; AND UPON APPLICATION FOR EXPANSION OF ANY SERVICE AREA ASSOCIATED
WITH  THE POLICY OR CONTRACT IN CONFORMANCE WITH THE STANDARDS SET FORTH
IN  SUBDIVISION  FIVE OF SECTION FOUR THOUSAND FOUR HUNDRED THREE OF THE
PUBLIC HEALTH LAW.  TO THE EXTENT THAT THE NETWORK HAS  BEEN  DETERMINED
BY  THE COMMISSIONER OF HEALTH TO MEET THE STANDARDS SET FORTH IN SUBDI-
VISION FIVE OF SECTION FOUR THOUSAND FOUR HUNDRED THREE  OF  THE  PUBLIC
HEALTH LAW, SUCH NETWORK SHALL BE DEEMED ADEQUATE BY THE SUPERINTENDENT.
  (B)(1)  AN INSURER, A CORPORATION ORGANIZED PURSUANT TO ARTICLE FORTY-
THREE OF THIS CHAPTER,  A  MUNICIPAL  COOPERATIVE  HEALTH  BENEFIT  PLAN
CERTIFIED  PURSUANT  TO  ARTICLE  FORTY-SEVEN  OF THIS CHAPTER, A HEALTH
MAINTENANCE ORGANIZATION CERTIFIED PURSUANT TO ARTICLE FORTY-FOUR OF THE
PUBLIC HEALTH LAW OR A STUDENT HEALTH  PLAN  ESTABLISHED  OR  MAINTAINED
PURSUANT  TO  SECTION ONE THOUSAND ONE HUNDRED TWENTY-FOUR OF THIS CHAP-
TER, THAT ISSUES A COMPREHENSIVE GROUP OR GROUP REMITTANCE HEALTH INSUR-
ANCE POLICY OR CONTRACT THAT COVERS OUT-OF-NETWORK HEALTH CARE  SERVICES
SHALL  MAKE AVAILABLE AND, IF REQUESTED BY THE POLICYHOLDER OR CONTRACT-
HOLDER, PROVIDE COVERAGE FOR AT LEAST SEVENTY PERCENT OF THE  USUAL  AND
CUSTOMARY  COST OF EACH OUT-OF-NETWORK HEALTH CARE SERVICE AFTER IMPOSI-
TION OF A DEDUCTIBLE OR ANY PERMISSIBLE BENEFIT MAXIMUM.
  (2) FOR THE PURPOSES OF THIS SUBSECTION, "USUAL  AND  CUSTOMARY  COST"
SHALL  MEAN  THE  EIGHTIETH PERCENTILE OF ALL CHARGES FOR THE PARTICULAR
HEALTH CARE SERVICE PERFORMED BY A  PROVIDER  IN  THE  SAME  OR  SIMILAR
SPECIALTY  AND  PROVIDED  IN THE SAME GEOGRAPHICAL AREA AS REPORTED IN A
BENCHMARKING DATABASE MAINTAINED BY A NONPROFIT  ORGANIZATION  SPECIFIED
BY  THE  SUPERINTENDENT.  THE NONPROFIT ORGANIZATION SHALL NOT BE AFFIL-
IATED WITH AN INSURER, A CORPORATION SUBJECT TO ARTICLE  FORTY-THREE  OF
THIS  CHAPTER,  A  MUNICIPAL  COOPERATIVE  HEALTH BENEFIT PLAN CERTIFIED
PURSUANT TO ARTICLE FORTY-SEVEN OF THIS CHAPTER,  A  HEALTH  MAINTENANCE
ORGANIZATION  CERTIFIED  PURSUANT  TO  ARTICLE  FORTY-FOUR OF THE PUBLIC
HEALTH LAW OR A STUDENT HEALTH PLAN ESTABLISHED OR  MAINTAINED  PURSUANT
TO SECTION ONE THOUSAND ONE HUNDRED TWENTY-FOUR OF THIS CHAPTER.
  (3)  THIS  SUBSECTION  SHALL  NOT  APPLY TO EMERGENCY CARE SERVICES IN
HOSPITAL FACILITIES OR PREHOSPITAL EMERGENCY MEDICAL SERVICES AS DEFINED
IN CLAUSE (I) OF SUBPARAGRAPH (E) OF PARAGRAPH TWENTY-FOUR OF SUBSECTION
(I) OF SECTION THREE THOUSAND TWO HUNDRED SIXTEEN OF  THIS  ARTICLE,  OR
CLAUSE (I) OF SUBPARAGRAPH (E) OF PARAGRAPH FIFTEEN OF SUBSECTION (L) OF
SECTION  THREE  THOUSAND  TWO  HUNDRED  TWENTY-ONE  OF  THIS CHAPTER, OR
SUBPARAGRAPH (A) OF PARAGRAPH FIVE OF SUBSECTION (AA)  OF  SECTION  FOUR
THOUSAND THREE HUNDRED THREE OF THIS CHAPTER.
  (4)  NOTHING  IN  THIS  SUBSECTION  SHALL  LIMIT  THE SUPERINTENDENT'S
AUTHORITY PURSUANT TO SECTION THREE THOUSAND TWO  HUNDRED  SEVENTEEN  OF
THIS  ARTICLE  TO  ESTABLISH MINIMUM STANDARDS FOR THE FORM, CONTENT AND
SALE OF ACCIDENT AND HEALTH INSURANCE POLICIES AND SUBSCRIBER CONTRACTS,
TO REQUIRE ADDITIONAL COVERAGE OPTIONS FOR OUT-OF-NETWORK  SERVICES,  OR
TO PROVIDE FOR STANDARDIZATION AND SIMPLIFICATION OF COVERAGE.
  (C)  WHEN  AN  INSURED  OR  ENROLLEE  UNDER  A CONTRACT OR POLICY THAT
PROVIDES COVERAGE FOR EMERGENCY SERVICES RECEIVES THE  SERVICES  FROM  A
HEALTH  CARE  PROVIDER THAT DOES NOT PARTICIPATE IN THE PROVIDER NETWORK
OF AN INSURER, A CORPORATION ORGANIZED PURSUANT TO  ARTICLE  FORTY-THREE
OF  THIS  CHAPTER, A MUNICIPAL COOPERATIVE HEALTH BENEFIT PLAN CERTIFIED
PURSUANT TO ARTICLE FORTY-SEVEN OF THIS CHAPTER,  A  HEALTH  MAINTENANCE
ORGANIZATION  CERTIFIED  PURSUANT  TO  ARTICLE  FORTY-FOUR OF THE PUBLIC
HEALTH LAW, OR A STUDENT HEALTH PLAN ESTABLISHED OR MAINTAINED  PURSUANT
TO SECTION ONE THOUSAND ONE HUNDRED TWENTY-FOUR OF THIS CHAPTER ("HEALTH
CARE  PLAN"),  THE  HEALTH  CARE  PLAN  SHALL ENSURE THAT THE INSURED OR

S. 6357--A                         67                         A. 8557--A

ENROLLEE SHALL INCUR NO GREATER OUT-OF-POCKET COSTS  FOR  THE  EMERGENCY
SERVICES  THAN THE INSURED OR ENROLLEE WOULD HAVE INCURRED WITH A HEALTH
CARE PROVIDER THAT PARTICIPATES  IN  THE  HEALTH  CARE  PLAN'S  PROVIDER
NETWORK.  FOR  THE  PURPOSE  OF THIS SECTION, "EMERGENCY SERVICES" SHALL
HAVE THE MEANING SET FORTH IN SUBPARAGRAPH  (D)  OF  PARAGRAPH  NINE  OF
SUBSECTION  (I)  OF  SECTION  THREE THOUSAND TWO HUNDRED SIXTEEN OF THIS
ARTICLE, SUBPARAGRAPH (D) OF PARAGRAPH FOUR OF SUBSECTION (K) OF SECTION
THREE THOUSAND TWO HUNDRED TWENTY-ONE OF THIS ARTICLE, AND  SUBPARAGRAPH
(D)  OF  PARAGRAPH  TWO OF SUBSECTION (A) OF SECTION FOUR THOUSAND THREE
HUNDRED THREE OF THIS CHAPTER.
  S 7. Section 4306-c of the insurance law is amended by  adding  a  new
subsection (d) to read as follows:
  (D)  A  CORPORATION,  INCLUDING A MUNICIPAL COOPERATIVE HEALTH BENEFIT
PLAN CERTIFIED PURSUANT TO ARTICLE FORTY-SEVEN OF  THIS  CHAPTER  AND  A
STUDENT  HEALTH  PLAN  ESTABLISHED OR MAINTAINED PURSUANT TO SECTION ONE
THOUSAND ONE HUNDRED TWENTY-FOUR OF THIS CHAPTER, THAT ISSUES A  COMPRE-
HENSIVE POLICY THAT UTILIZES A NETWORK OF PROVIDERS AND IS NOT A MANAGED
CARE  HEALTH  INSURANCE CONTRACT AS DEFINED IN SUBSECTION (C) OF SECTION
FOUR THOUSAND EIGHT HUNDRED ONE OF THIS CHAPTER, SHALL PROVIDE ACCESS TO
OUT-OF-NETWORK SERVICES CONSISTENT WITH THE REQUIREMENTS  OF  SUBSECTION
(A)  OF  SECTION  FOUR  THOUSAND  EIGHT  HUNDRED  FOUR  OF THIS CHAPTER,
SUBSECTIONS (G-6) AND (G-7) OF SECTION FOUR  THOUSAND  NINE  HUNDRED  OF
THIS  CHAPTER, SUBSECTIONS (A-1) AND (A-2) OF SECTION FOUR THOUSAND NINE
HUNDRED FOUR OF THIS CHAPTER, PARAGRAPHS THREE AND  FOUR  OF  SUBSECTION
(B)  OF  SECTION  FOUR  THOUSAND  NINE  HUNDRED TEN OF THIS CHAPTER, AND
SUBPARAGRAPHS (C) AND (D) OF PARAGRAPH FOUR OF SUBSECTION (B) OF SECTION
FOUR THOUSAND NINE HUNDRED FOURTEEN OF THIS CHAPTER.
  S 8. Paragraphs 11, 12, 13, 14, 16-a, 17, and 18 of subsection (a)  of
section  4324 of the insurance law, paragraphs 11, 12, 13, 14, 17 and 18
as added by chapter 705 of the laws of 1996, paragraph 16-a as added  by
chapter  554  of  the laws of 2002, are amended and three new paragraphs
19, 20 and 21 are added to read as follows:
  (11)  where applicable, notice that a subscriber enrolled in a managed
care product OR IN A COMPREHENSIVE CONTRACT THAT UTILIZES A  NETWORK  OF
PROVIDERS  offered  by  the  corporation  may  obtain a referral [to] OR
PREAUTHORIZATION FOR a health care provider outside of the corporation's
network or panel when the  corporation  does  not  have  a  health  care
provider  [with] WHO IS GEOGRAPHICALLY ACCESSIBLE TO THE INSURED AND WHO
HAS THE appropriate ESSENTIAL LEVEL OF training and  experience  in  the
network  or  panel  to  meet  the  particular  health  care needs of the
subscriber and the procedure by which the  subscriber  can  obtain  such
referral OR PREAUTHORIZATION;
  (12)  where applicable, notice that a subscriber enrolled in a managed
care product OR A COMPREHENSIVE CONTRACT  THAT  UTILIZES  A  NETWORK  OF
PROVIDERS  offered  by  the  corporation with a condition which requires
ongoing care from a specialist may request a standing referral to such a
specialist and the procedure for requesting and obtaining such a  stand-
ing referral;
  (13)  where applicable, notice that a subscriber enrolled in a managed
care product OR A COMPREHENSIVE CONTRACT  THAT  UTILIZES  A  NETWORK  OF
PROVIDERS  offered by the corporation with (i) a life-threatening condi-
tion or disease, or (ii)  a  degenerative  and  disabling  condition  or
disease,  either  of  which  requires  specialized  medical  care over a
prolonged period of  time  may  request  a  specialist  responsible  for
providing  or  coordinating the subscriber's medical care and the proce-
dure for requesting and obtaining such a specialist;

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  (14) where applicable, notice that a subscriber enrolled in a  managed
care  product  OR  A  COMPREHENSIVE  CONTRACT THAT UTILIZES A NETWORK OF
PROVIDERS offered by the corporation with [(i)] (A)  a  life-threatening
condition  or disease, or [(ii)] (B) a degenerative and disabling condi-
tion  or disease, either of which requires specialized medical care over
a prolonged period of time may request access to a specialty care center
and the procedure by which such access may be obtained;
  (16-a) where applicable, notice that an  enrollee  shall  have  direct
access  to  primary  and  preventive obstetric and gynecologic services,
INCLUDING ANNUAL EXAMINATIONS, CARE RESULTING FROM SUCH ANNUAL  EXAMINA-
TIONS,  AND  TREATMENT OF ACUTE GYNECOLOGIC CONDITIONS, from a qualified
provider of such services of her choice from within  the  plan  [for  no
fewer  than two examinations annually for such services] or [to] FOR any
care related to A pregnancy [and that additionally, the  enrollee  shall
have  direct  access to primary and preventive obstetric and gynecologic
services required as a result of such annual examinations or as a result
of an acute gynecologic condition];
  (17) where applicable, a listing by specialty, which may be in a sepa-
rate document that is updated annually, of the name, address, and  tele-
phone  number  of all participating providers, including facilities, and
in addition, in the case  of  physicians,  board  certification[;  and],
LANGUAGES SPOKEN AND ANY AFFILIATIONS WITH PARTICIPATING HOSPITALS.  THE
LISTING SHALL ALSO BE POSTED ON THE CORPORATION'S WEBSITE AND THE CORPO-
RATION  SHALL  UPDATE THE WEBSITE WITHIN FIFTEEN DAYS OF THE ADDITION OR
TERMINATION OF A PROVIDER FROM THE CORPORATION'S NETWORK OR A CHANGE  IN
A PHYSICIAN'S HOSPITAL AFFILIATION;
  (18)  a description of the mechanisms by which subscribers may partic-
ipate in the development of the policies of the corporation[.];
  (19) A DESCRIPTION OF THE METHOD BY WHICH A SUBSCRIBER  MAY  SUBMIT  A
CLAIM FOR HEALTH CARE SERVICES;
  (20) WHERE APPLICABLE, WITH RESPECT TO OUT-OF-NETWORK COVERAGE:
  (A)  A CLEAR DESCRIPTION OF THE METHODOLOGY USED BY THE CORPORATION TO
DETERMINE REIMBURSEMENT FOR OUT-OF-NETWORK HEALTH CARE SERVICES;
  (B) A DESCRIPTION OF THE AMOUNT THAT THE  CORPORATION  WILL  REIMBURSE
UNDER  THE METHODOLOGY FOR OUT-OF-NETWORK HEALTH CARE SERVICES SET FORTH
AS A PERCENTAGE OF THE  USUAL  AND  CUSTOMARY  COST  FOR  OUT-OF-NETWORK
HEALTH CARE SERVICES; AND
  (C)  EXAMPLES OF ANTICIPATED OUT-OF-POCKET COSTS FOR FREQUENTLY BILLED
OUT-OF-NETWORK HEALTH CARE SERVICES; AND
  (21) INFORMATION IN WRITING  AND  THROUGH  AN  INTERNET  WEBSITE  THAT
REASONABLY  PERMITS  A SUBSCRIBER OR PROSPECTIVE SUBSCRIBER TO DETERMINE
THE  ANTICIPATED  OUT-OF-POCKET  COST  FOR  OUT-OF-NETWORK  HEALTH  CARE
SERVICES  IN  A  GEOGRAPHICAL AREA OR ZIP CODE BASED UPON THE DIFFERENCE
BETWEEN WHAT THE CORPORATION WILL REIMBURSE  FOR  OUT-OF-NETWORK  HEALTH
CARE SERVICES AND THE USUAL AND CUSTOMARY COST FOR OUT-OF-NETWORK HEALTH
CARE SERVICES.
  S  9.  Paragraphs  11  and 12 of subsection (b) of section 4324 of the
insurance law, as added by chapter 705 of the laws of 1996, are  amended
and two new paragraphs 13 and 14 are added to read as follows:
  (11)  where applicable, provide the written application procedures and
minimum qualification requirements  for  health  care  providers  to  be
considered  by  the  corporation  for participation in the corporation's
network for a managed care product; [and]
  (12) disclose such other information as required  by  the  superinten-
dent,  provided  that  such requirements are promulgated pursuant to the
state administrative procedure act[.];

S. 6357--A                         69                         A. 8557--A

  (13) DISCLOSE WHETHER A HEALTH CARE PROVIDER SCHEDULED  TO  PROVIDE  A
HEALTH CARE SERVICE IS AN IN-NETWORK PROVIDER; AND
  (14)  WHERE  APPLICABLE,  WITH  RESPECT  TO  OUT-OF-NETWORK  COVERAGE,
DISCLOSE THE DOLLAR AMOUNT THAT THE CORPORATION WILL PAY FOR A  SPECIFIC
OUT-OF-NETWORK HEALTH CARE SERVICE.
  S  10.  Section  4324  of the insurance law is amended by adding a new
subsection (f) to read as follows:
  (F) FOR PURPOSES OF THIS SECTION, "USUAL  AND  CUSTOMARY  COST"  SHALL
MEAN  THE  EIGHTIETH PERCENTILE OF ALL CHARGES FOR THE PARTICULAR HEALTH
CARE SERVICE PERFORMED BY A PROVIDER IN THE SAME  OR  SIMILAR  SPECIALTY
AND PROVIDED IN THE SAME GEOGRAPHICAL AREA AS REPORTED IN A BENCHMARKING
DATABASE  MAINTAINED BY A NONPROFIT ORGANIZATION SPECIFIED BY THE SUPER-
INTENDENT. THE NONPROFIT ORGANIZATION SHALL NOT BE  AFFILIATED  WITH  AN
INSURER,  A CORPORATION SUBJECT TO THIS ARTICLE, A MUNICIPAL COOPERATIVE
HEALTH BENEFIT PLAN CERTIFIED PURSUANT TO ARTICLE  FORTY-SEVEN  OF  THIS
CHAPTER,  OR  A  HEALTH  MAINTENANCE  ORGANIZATION CERTIFIED PURSUANT TO
ARTICLE FORTY-FOUR OF THE PUBLIC HEALTH LAW.
  S 10-a. Subsection (a) of section 4804 of the insurance law, as  added
by chapter 705 of the laws of 1996, is amended to read as follows:
  (a)  If  an insurer offering a managed care product determines that it
does not have a health care provider in the in-network benefits  portion
of  its  network  with  appropriate  training and experience to meet the
particular health care needs of an insured, the  insurer  shall  make  a
referral  to  an  appropriate  provider,  pursuant  to  a treatment plan
approved by the insurer in consultation with the primary care  provider,
the  non-participating  provider and the insured or the insured's desig-
nee, at no additional cost to the insured beyond what the insured  would
otherwise pay for services received within the network.  NOTHING IN THIS
SUBSECTION SHALL BE CONSTRUED TO ENTITLE AN INSURED TO A REFERRAL TO THE
INSURED'S  PREFERRED  PROVIDER,  WHERE  THAT PROVIDER IS OUT-OF-NETWORK.
THE PROVISIONS OF THIS SUBSECTION  SHALL  ONLY  APPLY  IF  THERE  IS  NO
IN-NETWORK PROVIDER GEOGRAPHICALLY ACCESSIBLE TO THE INSURED WHO HAS THE
APPROPRIATE  ESSENTIAL  LEVEL  OF  TRAINING  AND  EXPERIENCE TO MEET THE
PARTICULAR NEEDS OF THE INSURED.
  S 11. Subsection (g-7) of section 4900 of the insurance law is  redes-
ignated  subsection (g-8) and a new subsection (g-7) is added to read as
follows:
  (G-7) "OUT-OF-NETWORK REFERRAL DENIAL" MEANS A DENIAL UNDER A  MANAGED
CARE PRODUCT AS DEFINED IN SUBSECTION (C) OF SECTION FOUR THOUSAND EIGHT
HUNDRED  ONE OF THIS CHAPTER OF A REQUEST FOR AN AUTHORIZATION OR REFER-
RAL TO AN OUT-OF-NETWORK PROVIDER ON THE BASIS THAT THE HEALTH CARE PLAN
HAS A HEALTH CARE PROVIDER IN THE IN-NETWORK  BENEFITS  PORTION  OF  ITS
NETWORK  WITH APPROPRIATE TRAINING AND EXPERIENCE TO MEET THE PARTICULAR
HEALTH CARE NEEDS OF  AN  INSURED,  AND  WHO  IS  ABLE  TO  PROVIDE  THE
REQUESTED  HEALTH  SERVICE.  THE  NOTICE  OF  AN OUT-OF-NETWORK REFERRAL
DENIAL PROVIDED TO AN INSURED SHALL INCLUDE INFORMATION EXPLAINING  WHAT
INFORMATION  THE  INSURED MUST SUBMIT IN ORDER TO APPEAL THE OUT-OF-NET-
WORK REFERRAL DENIAL PURSUANT TO SUBSECTION (A-2) OF SECTION FOUR  THOU-
SAND  NINE  HUNDRED  FOUR  OF  THIS  ARTICLE. AN OUT-OF-NETWORK REFERRAL
DENIAL UNDER THIS SUBSECTION DOES NOT  CONSTITUTE  AN  ADVERSE  DETERMI-
NATION  AS  DEFINED  IN THIS ARTICLE.  AN OUT-OF-NETWORK REFERRAL DENIAL
SHALL NOT BE CONSTRUED TO INCLUDE AN OUT-OF-NETWORK DENIAL AS DEFINED IN
SUBSECTION (G-6) OF THIS SECTION.
  S 12. Subsection (b) of section 4903 of the insurance law, as  amended
by chapter 514 of the laws of 2013, is amended to read as follows:

S. 6357--A                         70                         A. 8557--A

  (b)  A utilization review agent shall make a utilization review deter-
mination involving health care services which require  pre-authorization
and provide notice of a determination to the insured or insured's desig-
nee  and  the insured's health care provider by telephone and in writing
within  three  business days of receipt of the necessary information. To
the extent practicable, such  written  notification  to  the  enrollee's
health  care  provider  shall be transmitted electronically, in a manner
and in a form agreed upon by the parties.  THE NOTIFICATION SHALL  IDEN-
TIFY:  (1) WHETHER THE SERVICES ARE CONSIDERED IN-NETWORK OR OUT-OF-NET-
WORK; (2) WHETHER THE INSURED WILL BE HELD HARMLESS FOR THE SERVICES AND
NOT BE RESPONSIBLE FOR ANY PAYMENT, OTHER THAN  ANY  APPLICABLE  CO-PAY-
MENT,  CO-INSURANCE  OR DEDUCTIBLE; (3) AS APPLICABLE, THE DOLLAR AMOUNT
THE HEALTH CARE PLAN WILL PAY IF THE SERVICE IS OUT-OF-NETWORK; AND  (4)
AS  APPLICABLE,  INFORMATION EXPLAINING HOW AN INSURED MAY DETERMINE THE
ANTICIPATED OUT-OF-POCKET COST FOR OUT-OF-NETWORK HEALTH  CARE  SERVICES
IN  A  GEOGRAPHICAL  AREA  OR ZIP CODE BASED UPON THE DIFFERENCE BETWEEN
WHAT THE HEALTH CARE PLAN WILL REIMBURSE FOR OUT-OF-NETWORK HEALTH  CARE
SERVICES AND THE USUAL AND CUSTOMARY COST FOR OUT-OF-NETWORK HEALTH CARE
SERVICES.
  S  13.  Section  4904  of the insurance law is amended by adding a new
subsection (a-2) to read as follows:
  (A-2) AN INSURED OR THE INSURED'S DESIGNEE MAY APPEAL  AN  OUT-OF-NET-
WORK  REFERRAL  DENIAL  BY  A  HEALTH  CARE PLAN BY SUBMITTING A WRITTEN
STATEMENT  FROM  THE  INSURED'S  ATTENDING  PHYSICIAN,  WHO  MUST  BE  A
LICENSED, BOARD CERTIFIED OR BOARD ELIGIBLE PHYSICIAN QUALIFIED TO PRAC-
TICE  IN THE SPECIALTY AREA OF PRACTICE APPROPRIATE TO TREAT THE INSURED
FOR THE HEALTH SERVICE SOUGHT, PROVIDED THAT: (1) THE IN-NETWORK  HEALTH
CARE  PROVIDER  OR  PROVIDERS RECOMMENDED BY THE HEALTH CARE PLAN DO NOT
HAVE THE APPROPRIATE TRAINING AND  EXPERIENCE  TO  MEET  THE  PARTICULAR
HEALTH  CARE NEEDS OF THE INSURED FOR THE HEALTH SERVICE; AND (2) RECOM-
MENDS AN OUT-OF-NETWORK PROVIDER WITH THE APPROPRIATE TRAINING AND EXPE-
RIENCE TO MEET THE PARTICULAR HEALTH CARE NEEDS OF THE INSURED, AND  WHO
IS ABLE TO PROVIDE THE REQUESTED HEALTH SERVICE.
  S  14.  Subsection (b) of section 4910 of the insurance law is amended
by adding a new paragraph 4 to read as follows:
  (4)(A) THE INSURED HAS HAD AN OUT-OF-NETWORK REFERRAL  DENIED  ON  THE
GROUNDS  THAT  THE  HEALTH  CARE  PLAN HAS A HEALTH CARE PROVIDER IN THE
IN-NETWORK BENEFITS PORTION OF ITS NETWORK WITH APPROPRIATE TRAINING AND
EXPERIENCE TO MEET THE PARTICULAR HEALTH CARE NEEDS OF AN  INSURED,  AND
WHO IS ABLE TO PROVIDE THE REQUESTED HEALTH SERVICE.
  (B)  THE INSURED'S ATTENDING PHYSICIAN, WHO SHALL BE A LICENSED, BOARD
CERTIFIED OR BOARD ELIGIBLE  PHYSICIAN  QUALIFIED  TO  PRACTICE  IN  THE
SPECIALTY  AREA  OF  PRACTICE  APPROPRIATE  TO TREAT THE INSURED FOR THE
HEALTH SERVICE SOUGHT, CERTIFIES THAT THE IN-NETWORK HEALTH CARE PROVID-
ER OR PROVIDERS RECOMMENDED BY THE HEALTH CARE  PLAN  DO  NOT  HAVE  THE
APPROPRIATE  TRAINING  AND EXPERIENCE TO MEET THE PARTICULAR HEALTH CARE
NEEDS OF AN INSURED, AND RECOMMENDS AN OUT-OF-NETWORK PROVIDER WITH  THE
APPROPRIATE  TRAINING  AND EXPERIENCE TO MEET THE PARTICULAR HEALTH CARE
NEEDS OF AN INSURED, AND WHO IS ABLE TO  PROVIDE  THE  REQUESTED  HEALTH
SERVICE.
  S  15.  Paragraph 4 of subsection (b) of section 4914 of the insurance
law is amended by adding a new subparagraph (D) to read as follows:
  (D) FOR EXTERNAL APPEALS  REQUESTED  PURSUANT  TO  PARAGRAPH  FOUR  OF
SUBSECTION  (B)  OF SECTION FOUR THOUSAND NINE HUNDRED TEN OF THIS TITLE
RELATING TO AN OUT-OF-NETWORK REFERRAL DENIAL, THE EXTERNAL APPEAL AGENT
SHALL REVIEW THE UTILIZATION REVIEW AGENT'S FINAL ADVERSE  DETERMINATION

S. 6357--A                         71                         A. 8557--A

AND,  IN  ACCORDANCE  WITH  THE  PROVISIONS  OF THIS TITLE, SHALL MAKE A
DETERMINATION AS TO WHETHER THE OUT-OF-NETWORK REFERRAL SHALL BE COVERED
BY THE HEALTH PLAN; PROVIDED THAT SUCH DETERMINATION SHALL:
  (I)  BE CONDUCTED ONLY BY ONE OR A GREATER ODD NUMBER OF CLINICAL PEER
REVIEWERS;
  (II) BE ACCOMPANIED BY A WRITTEN STATEMENT:
  (I) THAT THE OUT-OF-NETWORK REFERRAL SHALL BE COVERED  BY  THE  HEALTH
CARE PLAN EITHER WHEN THE REVIEWER OR A MAJORITY OF THE PANEL OF REVIEW-
ERS  DETERMINES,  UPON  REVIEW  OF  THE  TRAINING  AND EXPERIENCE OF THE
IN-NETWORK HEALTH CARE PROVIDER OR PROVIDERS PROPOSED BY THE  PLAN,  THE
TRAINING  AND  EXPERIENCE  OF THE REQUESTED OUT-OF-NETWORK PROVIDER, THE
CLINICAL STANDARDS OF THE PLAN, THE INFORMATION PROVIDED CONCERNING  THE
INSURED, THE ATTENDING PHYSICIAN'S RECOMMENDATION, THE INSURED'S MEDICAL
RECORD,  AND  ANY OTHER PERTINENT INFORMATION, THAT THE HEALTH PLAN DOES
NOT HAVE A PROVIDER WITH THE APPROPRIATE TRAINING AND EXPERIENCE TO MEET
THE PARTICULAR HEALTH CARE NEEDS OF AN INSURED WHO IS  ABLE  TO  PROVIDE
THE  REQUESTED  HEALTH SERVICE, AND THAT THE OUT-OF-NETWORK PROVIDER HAS
THE APPROPRIATE TRAINING AND EXPERIENCE TO MEET  THE  PARTICULAR  HEALTH
CARE  NEEDS  OF  AN  INSURED,  IS  ABLE  TO PROVIDE THE REQUESTED HEALTH
SERVICE, AND IS LIKELY TO PRODUCE A MORE CLINICALLY BENEFICIAL  OUTCOME;
OR
  (II) UPHOLDING THE HEALTH PLAN'S DENIAL OF COVERAGE;
  (III)  BE  SUBJECT TO THE TERMS AND CONDITIONS GENERALLY APPLICABLE TO
BENEFITS UNDER THE EVIDENCE OF COVERAGE UNDER THE HEALTH CARE PLAN;
  (IV) BE BINDING ON THE PLAN AND THE INSURED; AND
  (V) BE ADMISSIBLE IN ANY COURT PROCEEDING.
  S 16. The public health law is amended by adding a new section  23  to
read as follows:
  S  23.  CLAIM  FORMS.    A  PHYSICIAN SHALL INCLUDE A CLAIM FORM FOR A
THIRD-PARTY PAYOR WITH A PATIENT BILL FOR HEALTH  CARE  SERVICES,  OTHER
THAN A BILL FOR THE PATIENT'S CO-PAYMENT, COINSURANCE OR DEDUCTIBLE.
  S  17.  The public health law is amended by adding a new section 24 to
read as follows:
  S 24. DISCLOSURE.  1. A HEALTH CARE  PROFESSIONAL  SHALL  DISCLOSE  TO
PATIENTS  OR  PROSPECTIVE  PATIENTS  IN  WRITING  OR THROUGH AN INTERNET
WEBSITE THE HEALTH CARE PLANS IN WHICH THE HEALTH CARE PROFESSIONAL IS A
PARTICIPATING PROVIDER AND THE HOSPITALS  WITH  WHICH  THE  HEALTH  CARE
PROFESSIONAL  IS  AFFILIATED  PRIOR  TO  THE  PROVISION OF NON-EMERGENCY
SERVICES AND VERBALLY AT THE TIME AN APPOINTMENT IS SCHEDULED.
  2. IF A HEALTH CARE PROFESSIONAL DOES NOT PARTICIPATE IN  THE  NETWORK
OF  A  PATIENT'S  OR  PROSPECTIVE PATIENT'S HEALTH CARE PLAN, THE HEALTH
CARE PROFESSIONAL SHALL:  (A) PRIOR TO THE  PROVISION  OF  NON-EMERGENCY
SERVICES,  INFORM  A  PATIENT  OR PROSPECTIVE PATIENT THAT THE AMOUNT OR
ESTIMATED AMOUNT THE HEALTH CARE PROFESSIONAL WILL BILL THE PATIENT  FOR
HEALTH  CARE SERVICES IS AVAILABLE UPON REQUEST; AND (B) UPON RECEIPT OF
A REQUEST FROM A PATIENT OR PROSPECTIVE PATIENT, DISCLOSE TO THE PATIENT
OR PROSPECTIVE PATIENT IN WRITING THE AMOUNT  OR  ESTIMATED  AMOUNT  THE
HEALTH  CARE  PROFESSIONAL  WILL BILL THE PATIENT OR PROSPECTIVE PATIENT
FOR HEALTH CARE SERVICES PROVIDED OR ANTICIPATED TO BE PROVIDED  TO  THE
PATIENT  OR  PROSPECTIVE PATIENT ABSENT UNFORESEEN MEDICAL CIRCUMSTANCES
THAT MAY ARISE WHEN THE HEALTH CARE SERVICES ARE PROVIDED.
  3. A HEALTH CARE PROFESSIONAL WHO  IS  A  PHYSICIAN  SHALL  PROVIDE  A
PATIENT  OR  PROSPECTIVE  PATIENT  WITH THE NAME, PRACTICE NAME, MAILING
ADDRESS, AND TELEPHONE NUMBER OF ANY HEALTH CARE PROVIDER  SCHEDULED  TO
PERFORM  ANESTHESIOLOGY,  LABORATORY,  PATHOLOGY, RADIOLOGY OR ASSISTANT
SURGEON SERVICES IN CONNECTION WITH CARE TO BE PROVIDED  IN  THE  PHYSI-

S. 6357--A                         72                         A. 8557--A

CIAN'S  OFFICE  FOR THE PATIENT OR COORDINATED OR REFERRED BY THE PHYSI-
CIAN FOR THE PATIENT PRIOR TO THE PROVISION OF SERVICES.
  4.    A  HEALTH  CARE  PROFESSIONAL  WHO  IS  A PHYSICIAN SHALL, FOR A
PATIENT'S SCHEDULED HOSPITAL ADMISSION OR SCHEDULED OUTPATIENT  HOSPITAL
SERVICES,  PROVIDE  A  PATIENT  AND THE HOSPITAL WITH THE NAME, PRACTICE
NAME, MAILING ADDRESS AND TELEPHONE NUMBER OF ANY OTHER PHYSICIAN  WHOSE
SERVICES WILL BE ARRANGED BY THE PHYSICIAN AND ARE SCHEDULED AT THE TIME
OF  THE  PRE-ADMISSION TESTING, REGISTRATION   OR ADMISSION PRIOR TO THE
PROVISION OF SERVICES; AND  INFORMATION  AS  TO  HOW  TO  DETERMINE  THE
HEALTHCARE PLANS IN WHICH THE PHYSICIAN PARTICIPATES.
  5.  A HOSPITAL SHALL ESTABLISH, UPDATE AND MAKE PUBLIC THROUGH POSTING
ON THE HOSPITAL'S WEBSITE, TO THE EXTENT REQUIRED BY FEDERAL GUIDELINES,
A LIST OF  THE  HOSPITAL'S  STANDARD  CHARGES  FOR  ITEMS  AND  SERVICES
PROVIDED  BY THE HOSPITAL, INCLUDING FOR DIAGNOSIS-RELATED GROUPS ESTAB-
LISHED UNDER SECTION 1886(D)(4) OF THE FEDERAL SOCIAL SECURITY ACT.
  6. A HOSPITAL SHALL POST ON THE HOSPITAL'S WEBSITE:   (A)  THE  HEALTH
CARE  PLANS  IN  WHICH  THE  HOSPITAL IS A PARTICIPATING PROVIDER; (B) A
STATEMENT THAT (I) PHYSICIAN SERVICES PROVIDED IN THE HOSPITAL  ARE  NOT
INCLUDED IN THE HOSPITAL'S CHARGES; (II) PHYSICIANS WHO PROVIDE SERVICES
IN  THE  HOSPITAL  MAY  OR MAY NOT PARTICIPATE WITH THE SAME HEALTH CARE
PLANS AS THE HOSPITAL, AND; (III) THE PROSPECTIVE PATIENT  SHOULD  CHECK
WITH  THE PHYSICIAN ARRANGING FOR THE HOSPITAL SERVICES TO DETERMINE THE
HEALTH CARE PLANS IN WHICH THE PHYSICIAN PARTICIPATES; (C)  AS  APPLICA-
BLE,  THE  NAME,  MAILING  ADDRESS AND TELEPHONE NUMBER OF THE PHYSICIAN
GROUPS THAT THE HOSPITAL HAS CONTRACTED WITH TO PROVIDE SERVICES INCLUD-
ING ANESTHESIOLOGY, PATHOLOGY OR  RADIOLOGY,  AND  INSTRUCTIONS  HOW  TO
CONTACT  THESE GROUPS TO DETERMINE THE HEALTH CARE PLAN PARTICIPATION OF
THE PHYSICIANS IN THESE GROUPS; AND (D) AS APPLICABLE, THE NAME, MAILING
ADDRESS, AND TELEPHONE NUMBER OF PHYSICIANS EMPLOYED BY THE HOSPITAL AND
WHOSE SERVICES MAY BE PROVIDED AT THE  HOSPITAL,  AND  THE  HEALTH  CARE
PLANS IN WHICH THEY PARTICIPATE.
  7.  IN REGISTRATION OR ADMISSION MATERIALS PROVIDED IN ADVANCE OF NON-
EMERGENCY HOSPITAL SERVICES, A HOSPITAL SHALL: (A) ADVISE THE PATIENT OR
PROSPECTIVE PATIENT TO CHECK WITH THE PHYSICIAN ARRANGING  THE  HOSPITAL
SERVICES  TO DETERMINE: (I) THE NAME, PRACTICE NAME, MAILING ADDRESS AND
TELEPHONE NUMBER OF ANY OTHER PHYSICIAN WHOSE SERVICES WILL BE  ARRANGED
BY  THE  PHYSICIAN;  AND (II) WHETHER THE SERVICES OF PHYSICIANS WHO ARE
EMPLOYED OR CONTRACTED BY THE HOSPITAL  TO  PROVIDE  SERVICES  INCLUDING
ANESTHESIOLOGY, PATHOLOGY AND/OR RADIOLOGY ARE REASONABLY ANTICIPATED TO
BE  PROVIDED  TO  THE  PATIENT;  AND (B) PROVIDE PATIENTS OR PROSPECTIVE
PATIENTS WITH INFORMATION AS TO HOW TO TIMELY DETERMINE THE HEALTH  CARE
PLANS  PARTICIPATED  IN  BY PHYSICIANS WHO ARE REASONABLY ANTICIPATED TO
PROVIDE SERVICES TO THE PATIENT AT THE HOSPITAL, AS  DETERMINED  BY  THE
PHYSICIAN ARRANGING THE PATIENT'S HOSPITAL SERVICES, AND WHO ARE EMPLOY-
EES  OF  THE  HOSPITAL OR CONTRACTED BY THE HOSPITAL TO PROVIDE SERVICES
INCLUDING ANESTHESIOLOGY, RADIOLOGY AND/OR PATHOLOGY.
  8. FOR PURPOSES OF THIS SUBDIVISION:
  (A) "HEALTH CARE PLAN" MEANS A HEALTH  INSURER  INCLUDING  AN  INSURER
LICENSED TO WRITE ACCIDENT AND HEALTH INSURANCE SUBJECT TO ARTICLE THIR-
TY-TWO OF THE INSURANCE LAW; A CORPORATION ORGANIZED PURSUANT TO ARTICLE
FORTY-THREE OF THE INSURANCE LAW; A MUNICIPAL COOPERATIVE HEALTH BENEFIT
PLAN  CERTIFIED  PURSUANT TO ARTICLE FORTY-SEVEN OF THE INSURANCE LAW; A
HEALTH MAINTENANCE ORGANIZATION CERTIFIED PURSUANT TO ARTICLE FORTY-FOUR
OF THIS CHAPTER; A STUDENT HEALTH PLAN ESTABLISHED OR MAINTAINED  PURSU-
ANT TO SECTION ONE THOUSAND ONE HUNDRED TWENTY-FOUR OF THE INSURANCE LAW
OR A SELF-FUNDED EMPLOYEE WELFARE BENEFIT PLAN.

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  (B) "HEALTH CARE PROFESSIONAL" MEANS AN APPROPRIATELY LICENSED, REGIS-
TERED  OR  CERTIFIED HEALTH CARE PROFESSIONAL PURSUANT TO TITLE EIGHT OF
THE EDUCATION LAW.
  S  17-a.  Paragraph (a) of subdivision 6 of section 4403 of the public
health law, as added by chapter 705 of the laws of 1996, is  amended  to
read as follows:
  (a)  If  a health maintenance organization determines that it does not
have a health care provider with appropriate training and experience  in
its  panel  or  network  to  meet the particular health care needs of an
enrollee, the health maintenance organization shall make a  referral  to
an  appropriate  provider,  pursuant to a treatment plan approved by the
health maintenance organization in consultation with  the  primary  care
provider,  the non-participating provider and the enrollee or enrollee's
designee, at no additional cost to the enrollee beyond what the enrollee
would otherwise pay for services received within the network. NOTHING IN
THIS PARAGRAPH SHALL BE CONSTRUED TO ENTITLE AN ENROLLEE TO  A  REFERRAL
TO THE ENROLLEE'S PREFERRED PROVIDER, WHERE THAT PROVIDER IS OUT-OF-NET-
WORK.  THE  PROVISIONS OF THIS PARAGRAPH SHALL ONLY APPLY IF THERE IS NO
IN-NETWORK PROVIDER GEOGRAPHICALLY ACCESSIBLE TO THE  ENROLLEE  WHO  HAS
THE  APPROPRIATE  ESSENTIAL LEVEL OF TRAINING AND EXPERIENCE TO MEET THE
PARTICULAR NEEDS OF THE ENROLLEE.
  S 18. Paragraphs (k), (p-1), (q) and (r) of subdivision 1  of  section
4408  of  the public health law, paragraphs (k), (q) and (r) as added by
chapter 705 of the laws of 1996, and paragraph (p-1) as added by chapter
554 of the laws of 2002, are amended and three new paragraphs  (s),  (t)
and (u) are added to read as follows:
  (k)  notice  that  an  enrollee may obtain a referral to a health care
provider outside of the health  maintenance  organization's  network  or
panel  when  the  health maintenance organization does not have a health
care provider [with] WHO IS GEOGRAPHICALLY ACCESSIBLE  TO  THE  ENROLLEE
AND  WHO  HAS  appropriate ESSENTIAL LEVEL OF training and experience in
the network or panel to meet the particular health  care  needs  of  the
enrollee  and the procedure by which the enrollee can obtain such refer-
ral;
  (p-1) notice that an enrollee shall have direct access to primary  and
preventive obstetric and gynecologic services, INCLUDING ANNUAL EXAMINA-
TIONS,  CARE  RESULTING  FROM SUCH ANNUAL EXAMINATIONS, AND TREATMENT OF
ACUTE GYNECOLOGIC CONDITIONS, from a qualified provider of such services
of her choice from within the plan [for no fewer than  two  examinations
annually  for such services] or [to] FOR any care related to A pregnancy
[and that additionally, the enrollee shall have direct access to primary
and preventive obstetric and gynecologic services required as  a  result
of  such  annual  examinations  or  as  a result of an acute gynecologic
condition];
  (q) notice of all appropriate mailing addresses and telephone  numbers
to be utilized by enrollees seeking information or authorization; [and]
  (r)  a  listing by specialty, which may be in a separate document that
is updated annually, of the name, address and telephone  number  of  all
participating  providers, including facilities, and, in addition, in the
case of physicians, board certification[.],  LANGUAGES  SPOKEN  AND  ANY
AFFILIATIONS  WITH  PARTICIPATING  HOSPITALS.  THE LISTING SHALL ALSO BE
POSTED ON THE HEALTH MAINTENANCE ORGANIZATION'S WEBSITE AND  THE  HEALTH
MAINTENANCE ORGANIZATION SHALL UPDATE THE WEBSITE WITHIN FIFTEEN DAYS OF
THE  ADDITION  OR  TERMINATION OF A PROVIDER FROM THE HEALTH MAINTENANCE
ORGANIZATION'S NETWORK OR A CHANGE  IN  A  PHYSICIAN'S  HOSPITAL  AFFIL-
IATION;

S. 6357--A                         74                         A. 8557--A

  (S) WHERE APPLICABLE, A DESCRIPTION OF THE METHOD BY WHICH AN ENROLLEE
MAY SUBMIT A CLAIM FOR HEALTH CARE SERVICES;
  (T) WHERE APPLICABLE, WITH RESPECT TO OUT-OF-NETWORK COVERAGE:
  (I)  A CLEAR DESCRIPTION OF THE METHODOLOGY USED BY THE HEALTH MAINTE-
NANCE ORGANIZATION TO DETERMINE REIMBURSEMENT FOR OUT-OF-NETWORK  HEALTH
CARE SERVICES;
  (II) A DESCRIPTION OF THE AMOUNT THAT THE HEALTH MAINTENANCE ORGANIZA-
TION WILL REIMBURSE UNDER THE METHODOLOGY FOR OUT-OF-NETWORK HEALTH CARE
SERVICES  SET  FORTH AS A PERCENTAGE OF THE USUAL AND CUSTOMARY COST FOR
OUT-OF-NETWORK HEALTH CARE SERVICES;
  (III) EXAMPLES  OF  ANTICIPATED  OUT-OF-POCKET  COSTS  FOR  FREQUENTLY
BILLED OUT-OF-NETWORK HEALTH CARE SERVICES; AND
  (U)  INFORMATION  IN  WRITING  AND  THROUGH  AN  INTERNET WEBSITE THAT
REASONABLY PERMITS AN ENROLLEE OR PROSPECTIVE ENROLLEE TO DETERMINE  THE
ANTICIPATED  OUT-OF-POCKET  COST FOR OUT-OF-NETWORK HEALTH CARE SERVICES
IN A GEOGRAPHICAL AREA OR ZIP CODE BASED  UPON  THE  DIFFERENCE  BETWEEN
WHAT  THE HEALTH MAINTENANCE ORGANIZATION WILL REIMBURSE FOR OUT-OF-NET-
WORK  HEALTH  CARE  SERVICES  AND  THE  USUAL  AND  CUSTOMARY  COST  FOR
OUT-OF-NETWORK HEALTH CARE SERVICES.
  S  19.  Paragraphs (k) and (l) of subdivision 2 of section 4408 of the
public health law, as added by chapter 705 of  the  laws  of  1996,  are
amended and two new paragraphs (m) and (n) are added to read as follows:
  (k)  provide the written application procedures and minimum qualifica-
tion requirements for health care providers  to  be  considered  by  the
health maintenance organization; [and]
  (1)  disclose  other  information  as  required  by  the commissioner,
provided that such requirements are promulgated pursuant  to  the  state
administrative procedure act[.];
  (M)  DISCLOSE  WHETHER  A  HEALTH CARE PROVIDER SCHEDULED TO PROVIDE A
HEALTH CARE SERVICE IS AN IN-NETWORK PROVIDER; AND
  (N)  WHERE  APPLICABLE,  WITH  RESPECT  TO  OUT-OF-NETWORK   COVERAGE,
DISCLOSE THE DOLLAR AMOUNT THAT THE HEALTH MAINTENANCE ORGANIZATION WILL
PAY FOR A SPECIFIC OUT-OF-NETWORK HEALTH CARE SERVICE.
  S 20. Section 4408 of the public health law is amended by adding a new
subdivision 7 to read as follows:
  7.    FOR  PURPOSES  OF THIS SECTION, "USUAL AND CUSTOMARY COST" SHALL
MEAN THE EIGHTIETH PERCENTILE OF ALL CHARGES FOR THE  PARTICULAR  HEALTH
CARE  SERVICE  PERFORMED  BY A PROVIDER IN THE SAME OR SIMILAR SPECIALTY
AND PROVIDED IN THE SAME GEOGRAPHICAL AREA AS REPORTED IN A BENCHMARKING
DATABASE MAINTAINED BY A NONPROFIT ORGANIZATION SPECIFIED BY THE  SUPER-
INTENDENT OF FINANCIAL SERVICES. THE NONPROFIT ORGANIZATION SHALL NOT BE
AFFILIATED WITH AN INSURER, A CORPORATION SUBJECT TO ARTICLE FORTY-THREE
OF THE INSURANCE LAW, A MUNICIPAL COOPERATIVE HEALTH BENEFIT PLAN CERTI-
FIED  PURSUANT  TO ARTICLE FORTY-SEVEN OF THE INSURANCE LAW, OR A HEALTH
MAINTENANCE ORGANIZATION CERTIFIED PURSUANT TO THIS ARTICLE.
  S 21. Subdivision 7-g of section 4900 of  the  public  health  law  is
renumbered subdivision 7-h and a new subdivision 7-g is added to read as
follows:
  7-G.  "OUT-OF-NETWORK REFERRAL DENIAL" MEANS A DENIAL OF A REQUEST FOR
AN AUTHORIZATION OR REFERRAL TO AN OUT-OF-NETWORK PROVIDER ON THE  BASIS
THAT  THE  HEALTH CARE PLAN HAS A HEALTH CARE PROVIDER IN THE IN-NETWORK
BENEFITS PORTION OF ITS NETWORK WITH APPROPRIATE TRAINING AND EXPERIENCE
TO MEET THE PARTICULAR HEALTH CARE NEEDS OF AN ENROLLEE, AND WHO IS ABLE
TO PROVIDE THE REQUESTED HEALTH SERVICE. THE NOTICE OF AN OUT-OF-NETWORK
REFERRAL DENIAL  PROVIDED  TO  AN  ENROLLEE  SHALL  INCLUDE  INFORMATION
EXPLAINING  WHAT INFORMATION THE ENROLLEE MUST SUBMIT IN ORDER TO APPEAL

S. 6357--A                         75                         A. 8557--A

THE OUT-OF-NETWORK REFERRAL DENIAL  PURSUANT  TO  SUBDIVISION  ONE-B  OF
SECTION  FOUR THOUSAND NINE HUNDRED FOUR OF THIS ARTICLE. AN OUT-OF-NET-
WORK REFERRAL DENIAL UNDER  THIS  SUBDIVISION  DOES  NOT  CONSTITUTE  AN
ADVERSE  DETERMINATION  AS  DEFINED  IN  THIS ARTICLE. AN OUT-OF-NETWORK
REFERRAL DENIAL SHALL NOT BE  CONSTRUED  TO  INCLUDE  AN  OUT-OF-NETWORK
DENIAL AS DEFINED IN SUBDIVISION SEVEN-F OF THIS SECTION.
  S  22.  Subdivision  2  of  section  4903 of the public health law, as
amended by chapter 514 of the laws  of  2013,  is  amended  to  read  as
follows:
  2. A utilization review agent shall make a utilization review determi-
nation  involving  health  care services which require pre-authorization
and provide notice of a determination  to  the  enrollee  or  enrollee's
designee  and  the  enrollee's  health care provider by telephone and in
writing within three business days of receipt of the necessary  informa-
tion.  To  the  extent  practicable,  such  written  notification to the
enrollee's health care provider shall be transmitted electronically,  in
a  manner  and  in  a  form agreed upon by the parties. THE NOTIFICATION
SHALL IDENTIFY; (A) WHETHER THE SERVICES ARE  CONSIDERED  IN-NETWORK  OR
OUT-OF-NETWORK;  (B)  AND WHETHER THE ENROLLEE WILL BE HELD HARMLESS FOR
THE SERVICES AND NOT BE RESPONSIBLE FOR  ANY  PAYMENT,  OTHER  THAN  ANY
APPLICABLE  CO-PAYMENT  OR  CO-INSURANCE;  (C) AS APPLICABLE, THE DOLLAR
AMOUNT THE HEALTH CARE PLAN WILL PAY IF THE SERVICE  IS  OUT-OF-NETWORK;
AND (D) AS APPLICABLE, INFORMATION EXPLAINING HOW AN ENROLLEE MAY DETER-
MINE  THE  ANTICIPATED OUT-OF-POCKET COST FOR OUT-OF-NETWORK HEALTH CARE
SERVICES IN A GEOGRAPHICAL AREA OR ZIP CODE BASED  UPON  THE  DIFFERENCE
BETWEEN  WHAT  THE  HEALTH  CARE  PLAN WILL REIMBURSE FOR OUT-OF-NETWORK
HEALTH CARE SERVICES AND THE USUAL AND CUSTOMARY COST FOR OUT-OF-NETWORK
HEALTH CARE SERVICES.
  S 23. Section 4904 of the public health law is amended by adding a new
subdivision 1-b to read as follows:
  1-B. AN ENROLLEE OR THE ENROLLEE'S DESIGNEE MAY APPEAL A DENIAL OF  AN
OUT-OF-NETWORK  REFERRAL  BY  A HEALTH CARE PLAN BY SUBMITTING A WRITTEN
STATEMENT FROM  THE  ENROLLEE'S  ATTENDING  PHYSICIAN,  WHO  MUST  BE  A
LICENSED, BOARD CERTIFIED OR BOARD ELIGIBLE PHYSICIAN QUALIFIED TO PRAC-
TICE IN THE SPECIALTY AREA OF PRACTICE APPROPRIATE TO TREAT THE ENROLLEE
FOR  THE HEALTH SERVICE SOUGHT, PROVIDED THAT: (A) THE IN-NETWORK HEALTH
CARE PROVIDER OR PROVIDERS RECOMMENDED BY THE HEALTH CARE  PLAN  DO  NOT
HAVE  THE  APPROPRIATE  TRAINING  AND  EXPERIENCE TO MEET THE PARTICULAR
HEALTH CARE NEEDS OF THE ENROLLEE FOR THE HEALTH SERVICE; AND (B) RECOM-
MENDS AN OUT-OF-NETWORK PROVIDER WITH THE APPROPRIATE TRAINING AND EXPE-
RIENCE TO MEET THE PARTICULAR HEALTH CARE NEEDS OF THE ENROLLEE, AND WHO
IS ABLE TO PROVIDE THE REQUESTED HEALTH SERVICE.
  S 24. Subdivision 2 of section  4910  of  the  public  health  law  is
amended by adding a new paragraph (d) to read as follows:
  (D)(I)  THE  ENROLLEE HAS HAD AN OUT-OF-NETWORK REFERRAL DENIED ON THE
GROUNDS THAT THE HEALTH CARE PLAN HAS A  HEALTH  CARE  PROVIDER  IN  THE
IN-NETWORK BENEFITS PORTION OF ITS NETWORK WITH APPROPRIATE TRAINING AND
EXPERIENCE  TO MEET THE PARTICULAR HEALTH CARE NEEDS OF AN ENROLLEE, AND
WHO IS ABLE TO PROVIDE THE REQUESTED HEALTH SERVICE.
  (II) THE ENROLLEE'S ATTENDING PHYSICIAN,  WHO  SHALL  BE  A  LICENSED,
BOARD CERTIFIED OR BOARD ELIGIBLE PHYSICIAN QUALIFIED TO PRACTICE IN THE
SPECIALTY  AREA  OF  PRACTICE  APPROPRIATE TO TREAT THE ENROLLEE FOR THE
HEALTH SERVICE SOUGHT, CERTIFIES THAT THE IN-NETWORK HEALTH CARE PROVID-
ER OR PROVIDERS RECOMMENDED BY THE HEALTH CARE  PLAN  DO  NOT  HAVE  THE
APPROPRIATE  TRAINING  AND EXPERIENCE TO MEET THE PARTICULAR HEALTH CARE
NEEDS OF AN ENROLLEE, AND RECOMMENDS AN OUT-OF-NETWORK PROVIDER WITH THE

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APPROPRIATE TRAINING AND EXPERIENCE TO MEET THE PARTICULAR  HEALTH  CARE
NEEDS  OF  AN  ENROLLEE, AND WHO IS ABLE TO PROVIDE THE REQUESTED HEALTH
SERVICE.
  S  25.  Paragraph  (d)  of subdivision 2 of section 4914 of the public
health law is amended by adding  a  new  subparagraph  (D)  to  read  as
follows:
  (D) FOR EXTERNAL APPEALS REQUESTED PURSUANT TO PARAGRAPH (D) OF SUBDI-
VISION  TWO  OF  SECTION  FOUR  THOUSAND  NINE HUNDRED TEN OF THIS TITLE
RELATING TO AN OUT-OF-NETWORK REFERRAL DENIAL, THE EXTERNAL APPEAL AGENT
SHALL REVIEW THE UTILIZATION REVIEW AGENT'S FINAL ADVERSE  DETERMINATION
AND,  IN  ACCORDANCE  WITH  THE  PROVISIONS  OF THIS TITLE, SHALL MAKE A
DETERMINATION AS TO WHETHER THE OUT-OF-NETWORK REFERRAL SHALL BE COVERED
BY THE HEALTH PLAN; PROVIDED THAT SUCH DETERMINATION SHALL:
  (I) BE CONDUCTED ONLY BY ONE OR A GREATER ODD NUMBER OF CLINICAL  PEER
REVIEWERS;
  (II) BE ACCOMPANIED BY A WRITTEN STATEMENT:
  (1)  THAT  THE  OUT-OF-NETWORK REFERRAL SHALL BE COVERED BY THE HEALTH
CARE PLAN EITHER WHEN THE REVIEWER OR A MAJORITY OF THE PANEL OF REVIEW-
ERS DETERMINES, UPON REVIEW  OF  THE  TRAINING  AND  EXPERIENCE  OF  THE
IN-NETWORK  HEALTH  CARE PROVIDER OR PROVIDERS PROPOSED BY THE PLAN, THE
TRAINING AND EXPERIENCE OF THE REQUESTED  OUT-OF-NETWORK  PROVIDER,  THE
CLINICAL  STANDARDS OF THE PLAN, THE INFORMATION PROVIDED CONCERNING THE
ENROLLEE,  THE  ATTENDING  PHYSICIAN'S  RECOMMENDATION,  THE  ENROLLEE'S
MEDICAL  RECORD,  AND  ANY  OTHER PERTINENT INFORMATION, THAT THE HEALTH
PLAN DOES NOT HAVE A PROVIDER WITH THE APPROPRIATE TRAINING AND  EXPERI-
ENCE TO MEET THE PARTICULAR HEALTH CARE NEEDS OF AN ENROLLEE WHO IS ABLE
TO  PROVIDE  THE  REQUESTED  HEALTH SERVICE, AND THAT THE OUT-OF-NETWORK
PROVIDER HAS THE APPROPRIATE TRAINING AND EXPERIENCE TO MEET THE PARTIC-
ULAR HEALTH CARE NEEDS OF AN ENROLLEE, IS ABLE TO PROVIDE THE  REQUESTED
HEALTH  SERVICE,  AND  IS LIKELY TO PRODUCE A MORE CLINICALLY BENEFICIAL
OUTCOME; OR
  (2) UPHOLDING THE HEALTH PLAN'S DENIAL OF COVERAGE;
  (III) BE SUBJECT TO THE TERMS AND CONDITIONS GENERALLY  APPLICABLE  TO
BENEFITS UNDER THE EVIDENCE OF COVERAGE UNDER THE HEALTH CARE PLAN;
  (IV) BE BINDING ON THE PLAN AND THE ENROLLEE; AND
  (V) BE ADMISSIBLE IN ANY COURT PROCEEDING.
  S  26. The financial services law is amended by adding a new article 6
to read as follows:
                                 ARTICLE 6
              EMERGENCY MEDICAL SERVICES AND SURPRISE BILLS
SECTION 601. DISPUTE RESOLUTION PROCESS ESTABLISHED.
        602. APPLICABILITY.
        603. DEFINITIONS.
        604. CRITERIA FOR DETERMINING A REASONABLE FEE.
        605. DISPUTE RESOLUTION FOR EMERGENCY SERVICES.
        606. HOLD HARMLESS AND ASSIGNMENT OF BENEFITS FOR SURPRISE BILLS
               FOR INSUREDS.
        607. DISPUTE RESOLUTION FOR SURPRISE BILLS.
        608. PAYMENT FOR INDEPENDENT DISPUTE RESOLUTION ENTITY.
  S 601. DISPUTE  RESOLUTION  PROCESS  ESTABLISHED.  THE  SUPERINTENDENT
SHALL  ESTABLISH  A  DISPUTE RESOLUTION PROCESS BY WHICH A DISPUTE FOR A
BILL FOR EMERGENCY SERVICES OR A SURPRISE  BILL  MAY  BE  RESOLVED.  THE
SUPERINTENDENT  SHALL  HAVE THE POWER TO GRANT AND REVOKE CERTIFICATIONS
OF INDEPENDENT DISPUTE RESOLUTION ENTITIES TO CONDUCT THE DISPUTE RESOL-
UTION PROCESS. THE SUPERINTENDENT SHALL  PROMULGATE  REGULATIONS  ESTAB-
LISHING  STANDARDS FOR THE DISPUTE RESOLUTION PROCESS, INCLUDING A PROC-

S. 6357--A                         77                         A. 8557--A

ESS  FOR  CERTIFYING  AND  SELECTING  INDEPENDENT   DISPUTE   RESOLUTION
ENTITIES.
  S  602.  APPLICABILITY.  THIS  ARTICLE  SHALL NOT APPLY TO HEALTH CARE
SERVICES, INCLUDING EMERGENCY SERVICES, WHERE PHYSICIAN FEES ARE SUBJECT
TO SCHEDULES OR OTHER MONETARY LIMITATIONS UNDER ANY OTHER LAW,  INCLUD-
ING THE WORKERS' COMPENSATION LAW AND ARTICLE FIFTY-ONE OF THE INSURANCE
LAW, AND SHALL NOT PREEMPT ANY SUCH LAW.
  S 603. DEFINITIONS. FOR THE PURPOSES OF THIS ARTICLE:
  (A) "EMERGENCY CONDITION" MEANS A MEDICAL OR BEHAVIORAL CONDITION THAT
MANIFESTS  ITSELF  BY  ACUTE  SYMPTOMS OF SUFFICIENT SEVERITY, INCLUDING
SEVERE PAIN, SUCH THAT A PRUDENT LAYPERSON, POSSESSING AN AVERAGE  KNOW-
LEDGE  OF  MEDICINE  AND  HEALTH, COULD REASONABLY EXPECT THE ABSENCE OF
IMMEDIATE MEDICAL ATTENTION TO RESULT IN : (1) PLACING THE HEALTH OF THE
PERSON AFFLICTED WITH SUCH CONDITION IN SERIOUS JEOPARDY, OR IN THE CASE
OF A BEHAVIORAL CONDITION PLACING THE HEALTH OF SUCH PERSON OR OTHERS IN
SERIOUS JEOPARDY; (2) SERIOUS IMPAIRMENT TO SUCH PERSON'S  BODILY  FUNC-
TIONS;  (3)  SERIOUS  DYSFUNCTION  OF  ANY  BODILY ORGAN OR PART OF SUCH
PERSON; (4) SERIOUS DISFIGUREMENT OF SUCH PERSON;  OR  (5)  A  CONDITION
DESCRIBED  IN  CLAUSE (I), (II) OR (III) OF SECTION 1867(E)(1)(A) OF THE
SOCIAL SECURITY ACT 42 U.S.C. S 1395DD.
  (B) "EMERGENCY SERVICES" MEANS, WITH RESPECT TO  AN  EMERGENCY  CONDI-
TION: (1) A MEDICAL SCREENING EXAMINATION AS REQUIRED UNDER SECTION 1867
OF  THE  SOCIAL  SECURITY  ACT,  42 U.S.C. S 1395DD, WHICH IS WITHIN THE
CAPABILITY OF THE EMERGENCY DEPARTMENT OF A HOSPITAL,  INCLUDING  ANCIL-
LARY  SERVICES ROUTINELY AVAILABLE TO THE EMERGENCY DEPARTMENT TO EVALU-
ATE SUCH EMERGENCY MEDICAL CONDITION; AND (2) WITHIN THE CAPABILITIES OF
THE STAFF AND FACILITIES AVAILABLE AT THE HOSPITAL, SUCH FURTHER MEDICAL
EXAMINATION AND TREATMENT AS ARE REQUIRED  UNDER  SECTION  1867  OF  THE
SOCIAL SECURITY ACT, 42 U.S.C.  S 1395DD, TO STABILIZE THE PATIENT.
  (C) "HEALTH CARE PLAN" MEANS AN INSURER LICENSED TO WRITE ACCIDENT AND
HEALTH  INSURANCE PURSUANT TO ARTICLE THIRTY-TWO OF THE INSURANCE LAW; A
CORPORATION ORGANIZED PURSUANT TO ARTICLE FORTY-THREE OF  THE  INSURANCE
LAW;  A  MUNICIPAL COOPERATIVE HEALTH BENEFIT PLAN CERTIFIED PURSUANT TO
ARTICLE FORTY-SEVEN OF THE INSURANCE LAW; A HEALTH MAINTENANCE ORGANIZA-
TION CERTIFIED PURSUANT TO ARTICLE FORTY-FOUR OF THE PUBLIC HEALTH  LAW;
OR  A  STUDENT HEALTH PLAN ESTABLISHED OR MAINTAINED PURSUANT TO SECTION
ONE THOUSAND ONE HUNDRED TWENTY-FOUR OF THE INSURANCE LAW.
  (D) "INSURED" MEANS A PATIENT COVERED UNDER A HEALTH CARE PLAN'S POLI-
CY OR CONTRACT.
  (E) "NON-PARTICIPATING" MEANS NOT HAVING A CONTRACT WITH A HEALTH CARE
PLAN TO PROVIDE HEALTH CARE SERVICES TO AN INSURED.
  (F) "PARTICIPATING" MEANS HAVING A CONTRACT WITH A HEALTH CARE PLAN TO
PROVIDE HEALTH CARE SERVICES TO AN INSURED.
  (G) "PATIENT" MEANS  A  PERSON  WHO  RECEIVES  HEALTH  CARE  SERVICES,
INCLUDING EMERGENCY SERVICES, IN THIS STATE.
  (H)  "SURPRISE BILL" MEANS A BILL FOR HEALTH CARE SERVICES, OTHER THAN
EMERGENCY SERVICES, RECEIVED BY:
  (1) AN INSURED FOR SERVICES RENDERED BY A NON-PARTICIPATING  PHYSICIAN
AT  A  PARTICIPATING  HOSPITAL  OR  AMBULATORY  SURGICAL CENTER, WHERE A
PARTICIPATING PHYSICIAN IS UNAVAILABLE  AT  THE  TIME  THE  HEALTH  CARE
SERVICES ARE RENDERED; PROVIDED, HOWEVER, THAT A SURPRISE BILL SHALL NOT
MEAN  A  BILL  RECEIVED  FOR  HEALTH  CARE SERVICES WHEN A PARTICIPATING
PHYSICIAN IS AVAILABLE AND THE INSURED HAS ELECTED  TO  OBTAIN  SERVICES
FROM A NON-PARTICIPATING PHYSICIAN; OR
  (2)  A PATIENT WHO IS NOT AN INSURED FOR SERVICES RENDERED BY A PHYSI-
CIAN AT A HOSPITAL OR AMBULATORY SURGICAL CENTER, WHERE THE PATIENT  HAS

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NOT  TIMELY RECEIVED ALL OF THE DISCLOSURES REQUIRED PURSUANT TO SECTION
TWENTY-FOUR OF THE PUBLIC HEALTH LAW.
  (I)  "USUAL  AND CUSTOMARY COST" MEANS THE EIGHTIETH PERCENTILE OF ALL
CHARGES FOR THE PARTICULAR HEALTH CARE SERVICE PERFORMED BY  A  PROVIDER
IN  THE  SAME OR SIMILAR SPECIALTY AND PROVIDED IN THE SAME GEOGRAPHICAL
AREA AS REPORTED IN A BENCHMARKING DATABASE MAINTAINED  BY  A  NONPROFIT
ORGANIZATION SPECIFIED BY THE SUPERINTENDENT. THE NONPROFIT ORGANIZATION
SHALL  NOT BE AFFILIATED WITH AN INSURER, A CORPORATION SUBJECT TO ARTI-
CLE FORTY-THREE OF THE INSURANCE LAW,  A  MUNICIPAL  COOPERATIVE  HEALTH
BENEFIT  PLAN CERTIFIED PURSUANT TO ARTICLE FORTY-SEVEN OF THE INSURANCE
LAW, OR A HEALTH MAINTENANCE ORGANIZATION CERTIFIED PURSUANT TO  ARTICLE
FORTY-FOUR OF THE PUBLIC HEALTH LAW.
  S  604.  CRITERIA FOR DETERMINING A REASONABLE FEE. IN DETERMINING THE
APPROPRIATE AMOUNT TO PAY FOR A  HEALTH  CARE  SERVICE,  AN  INDEPENDENT
DISPUTE  RESOLUTION  ENTITY SHALL CONSIDER ALL RELEVANT FACTORS, INCLUD-
ING:
  (A) WHETHER THERE IS A GROSS DISPARITY BETWEEN THE FEE CHARGED BY  THE
PHYSICIAN FOR SERVICES RENDERED AS COMPARED TO:
  (1) FEES PAID TO THE INVOLVED PHYSICIAN FOR THE SAME SERVICES RENDERED
BY  THE  PHYSICIAN  TO  OTHER PATIENTS IN HEALTH CARE PLANS IN WHICH THE
PHYSICIAN IS NOT PARTICIPATING, AND
  (2) IN THE CASE OF A DISPUTE INVOLVING A HEALTH CARE PLAN,  FEES  PAID
BY  THE HEALTH CARE PLAN TO REIMBURSE SIMILARLY QUALIFIED PHYSICIANS FOR
THE SAME SERVICES IN THE SAME REGION WHO ARE NOT PARTICIPATING WITH  THE
HEALTH CARE PLAN;
  (B) THE LEVEL OF TRAINING, EDUCATION AND EXPERIENCE OF THE PHYSICIAN;
  (C)  THE  PHYSICIAN'S USUAL CHARGE FOR COMPARABLE SERVICES WITH REGARD
TO PATIENTS IN HEALTH CARE PLANS IN WHICH THE PHYSICIAN IS  NOT  PARTIC-
IPATING;
  (D) THE CIRCUMSTANCES AND COMPLEXITY OF THE PARTICULAR CASE, INCLUDING
TIME AND PLACE OF THE SERVICE;
  (E) INDIVIDUAL PATIENT CHARACTERISTICS; AND
  (F) THE USUAL AND CUSTOMARY COST OF THE SERVICE.
  S  605.  DISPUTE  RESOLUTION  FOR  EMERGENCY  SERVICES.  (A) EMERGENCY
SERVICES FOR AN INSURED. (1) WHEN A HEALTH CARE PLAN RECEIVES A BILL FOR
EMERGENCY SERVICES FROM A NON-PARTICIPATING PHYSICIAN, THE  HEALTH  CARE
PLAN  SHALL PAY AN AMOUNT THAT IT DETERMINES IS REASONABLE FOR THE EMER-
GENCY SERVICES RENDERED BY THE NON-PARTICIPATING PHYSICIAN,  IN  ACCORD-
ANCE WITH SECTION THREE THOUSAND TWO HUNDRED TWENTY-FOUR-A OF THE INSUR-
ANCE   LAW,   EXCEPT   FOR  THE  INSURED'S  CO-PAYMENT,  COINSURANCE  OR
DEDUCTIBLE, IF ANY, AND SHALL ENSURE THAT THE  INSURED  SHALL  INCUR  NO
GREATER  OUT-OF-POCKET COSTS FOR THE EMERGENCY SERVICES THAN THE INSURED
WOULD  HAVE  INCURRED  WITH  A  PARTICIPATING  PHYSICIAN   PURSUANT   TO
SUBSECTION  (C)  OF  SECTION THREE THOUSAND TWO HUNDRED FORTY-ONE OF THE
INSURANCE LAW.
  (2) A NON-PARTICIPATING PHYSICIAN OR A HEALTH CARE PLAN MAY  SUBMIT  A
DISPUTE  REGARDING A FEE OR PAYMENT FOR EMERGENCY SERVICES FOR REVIEW TO
AN INDEPENDENT DISPUTE RESOLUTION ENTITY.
  (3) IN DETERMINING A REASONABLE FEE  FOR  THE  SERVICES  RENDERED,  AN
INDEPENDENT  DISPUTE  RESOLUTION  ENTITY  SHALL SELECT EITHER THE HEALTH
CARE PLAN'S PAYMENT OR THE NON-PARTICIPATING PHYSICIAN'S FEE. THE  INDE-
PENDENT DISPUTE RESOLUTION ENTITY SHALL DETERMINE WHICH AMOUNT TO SELECT
BASED  UPON  THE CONDITIONS AND FACTORS SET FORTH IN SECTION SIX HUNDRED
FOUR OF THIS ARTICLE.
  (B) EMERGENCY SERVICES FOR A PATIENT THAT IS NOT  AN  INSURED.  (1)  A
PATIENT  THAT  IS NOT AN INSURED OR THE PATIENT'S PHYSICIAN MAY SUBMIT A

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DISPUTE REGARDING A FEE FOR EMERGENCY SERVICES FOR REVIEW  TO  AN  INDE-
PENDENT DISPUTE RESOLUTION ENTITY UPON APPROVAL OF THE SUPERINTENDENT.
  (2) AN INDEPENDENT DISPUTE RESOLUTION ENTITY SHALL DETERMINE A REASON-
ABLE FEE FOR THE SERVICES BASED UPON THE SAME CONDITIONS AND FACTORS SET
FORTH IN SECTION SIX HUNDRED FOUR OF THIS ARTICLE.
  (3)  A PATIENT THAT IS NOT AN INSURED SHALL NOT BE REQUIRED TO PAY THE
PHYSICIAN'S FEE IN ORDER TO BE ELIGIBLE TO SUBMIT THE DISPUTE FOR REVIEW
TO AN INDEPENDENT DISPUTE RESOLUTION ENTITY.
  (C) THE DETERMINATION OF  AN  INDEPENDENT  DISPUTE  RESOLUTION  ENTITY
SHALL  BE  BINDING  ON  THE HEALTH CARE PLAN, PHYSICIAN AND PATIENT, AND
SHALL BE ADMISSIBLE IN ANY COURT  PROCEEDING  BETWEEN  THE  HEALTH  CARE
PLAN,  PHYSICIAN OR PATIENT, OR IN ANY ADMINISTRATIVE PROCEEDING BETWEEN
THIS STATE AND THE PHYSICIAN.
  S 606. HOLD HARMLESS AND ASSIGNMENT OF BENEFITS FOR SURPRISE BILLS FOR
INSUREDS. WHEN AN INSURED ASSIGNS BENEFITS FOR A SURPRISE BILL IN  WRIT-
ING  TO  A NON-PARTICIPATING PHYSICIAN THAT KNOWS THE INSURED IS INSURED
UNDER A HEALTH CARE PLAN, THE NON-PARTICIPATING PHYSICIAN SHALL NOT BILL
THE INSURED EXCEPT FOR ANY APPLICABLE COPAYMENT, COINSURANCE OR  DEDUCT-
IBLE  THAT  WOULD BE OWED IF THE INSURED UTILIZED A PARTICIPATING PHYSI-
CIAN.
  S 607. DISPUTE RESOLUTION FOR  SURPRISE  BILLS.    (A)  SURPRISE  BILL
RECEIVED  BY AN INSURED WHO ASSIGNS BENEFITS.  (1) IF AN INSURED ASSIGNS
BENEFITS TO A NON-PARTICIPATING PHYSICIAN, THE HEALTH  CARE  PLAN  SHALL
PAY  THE  NON-PARTICIPATING  PHYSICIAN IN ACCORDANCE WITH PARAGRAPHS TWO
AND THREE OF THIS SUBSECTION.
  (2) THE NON-PARTICIPATING PHYSICIAN MAY BILL THE HEALTH CARE PLAN  FOR
THE  HEALTH  CARE  SERVICES RENDERED, AND THE HEALTH CARE PLAN SHALL PAY
THE NON-PARTICIPATING PHYSICIAN THE BILLED AMOUNT OR ATTEMPT TO  NEGOTI-
ATE REIMBURSEMENT WITH THE NON-PARTICIPATING PHYSICIAN.
  (3)  IF THE HEALTH CARE PLAN'S ATTEMPTS TO NEGOTIATE REIMBURSEMENT FOR
HEALTH CARE SERVICES PROVIDED BY A NON-PARTICIPATING PHYSICIAN DOES  NOT
RESULT  IN  A RESOLUTION OF THE PAYMENT DISPUTE BETWEEN THE NON-PARTICI-
PATING PHYSICIAN AND THE HEALTH CARE PLAN, THE HEALTH  CARE  PLAN  SHALL
PAY  THE  NON-PARTICIPATING  PHYSICIAN  AN  AMOUNT  THE HEALTH CARE PLAN
DETERMINES IS REASONABLE FOR THE HEALTH CARE SERVICES  RENDERED,  EXCEPT
FOR  THE  INSURED'S  COPAYMENT, COINSURANCE OR DEDUCTIBLE, IN ACCORDANCE
WITH SECTION THREE THOUSAND TWO HUNDRED TWENTY-FOUR-A OF  THE  INSURANCE
LAW.
  (4) EITHER THE HEALTH CARE PLAN OR THE NON-PARTICIPATING PHYSICIAN MAY
SUBMIT  THE  DISPUTE  REGARDING THE SURPRISE BILL FOR REVIEW TO AN INDE-
PENDENT DISPUTE RESOLUTION ENTITY, PROVIDED  HOWEVER,  THE  HEALTH  CARE
PLAN MAY NOT SUBMIT THE DISPUTE UNLESS IT HAS COMPLIED WITH THE REQUIRE-
MENTS OF PARAGRAPHS ONE, TWO AND THREE OF THIS SUBSECTION.
  (5)  WHEN  DETERMINING A REASONABLE FEE FOR THE SERVICES RENDERED, THE
INDEPENDENT DISPUTE RESOLUTION ENTITY SHALL  SELECT  EITHER  THE  HEALTH
CARE  PLAN'S  PAYMENT OR THE NON-PARTICIPATING PHYSICIAN'S FEE. AN INDE-
PENDENT DISPUTE RESOLUTION ENTITY SHALL DETERMINE WHICH AMOUNT TO SELECT
BASED UPON THE CONDITIONS AND FACTORS SET FORTH IN SECTION  SIX  HUNDRED
FOUR OF THIS ARTICLE.
  (B)  SURPRISE BILL RECEIVED BY AN INSURED WHO DOES NOT ASSIGN BENEFITS
OR BY A PATIENT WHO IS NOT AN INSURED.   (1) AN  INSURED  WHO  DOES  NOT
ASSIGN  BENEFITS  IN ACCORDANCE WITH SUBSECTION (A) OF THIS SECTION OR A
PATIENT WHO IS NOT AN INSURED AND  WHO  RECEIVES  A  SURPRISE  BILL  MAY
SUBMIT  A DISPUTE REGARDING THE SURPRISE BILL FOR REVIEW TO AN INDEPEND-
ENT DISPUTE RESOLUTION ENTITY.

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  (2) THE  INDEPENDENT  DISPUTE  RESOLUTION  ENTITY  SHALL  DETERMINE  A
REASONABLE  FEE  FOR THE SERVICES RENDERED BASED UPON THE CONDITIONS AND
FACTORS SET FORTH IN SECTION SIX HUNDRED FOUR OF THIS ARTICLE.
  (3)  A  PATIENT  OR INSURED WHO DOES NOT ASSIGN BENEFITS IN ACCORDANCE
WITH SUBSECTION (A) OF THIS SECTION SHALL NOT BE  REQUIRED  TO  PAY  THE
PHYSICIAN'S  FEE  TO BE ELIGIBLE TO SUBMIT THE DISPUTE FOR REVIEW TO THE
INDEPENDENT DISPUTE ENTITY.
  (C) THE DETERMINATION OF  AN  INDEPENDENT  DISPUTE  RESOLUTION  ENTITY
SHALL  BE  BINDING  ON  THE PATIENT, PHYSICIAN AND HEALTH CARE PLAN, AND
SHALL BE ADMISSIBLE IN ANY  COURT  PROCEEDING  BETWEEN  THE  PATIENT  OR
INSURED,  PHYSICIAN  OR  HEALTH  CARE  PLAN,  OR  IN  ANY ADMINISTRATIVE
PROCEEDING BETWEEN THIS STATE AND THE PHYSICIAN.
  S 608. PAYMENT FOR INDEPENDENT  DISPUTE  RESOLUTION  ENTITY.  (A)  FOR
DISPUTES  INVOLVING  AN INSURED, WHEN THE INDEPENDENT DISPUTE RESOLUTION
ENTITY DETERMINES THE HEALTH CARE PLAN'S PAYMENT IS REASONABLE,  PAYMENT
FOR  THE  DISPUTE  RESOLUTION PROCESS SHALL BE THE RESPONSIBILITY OF THE
NON-PARTICIPATING PHYSICIAN. WHEN  THE  INDEPENDENT  DISPUTE  RESOLUTION
ENTITY  DETERMINES  THE NON-PARTICIPATING PHYSICIAN'S FEE IS REASONABLE,
PAYMENT FOR THE DISPUTE RESOLUTION PROCESS SHALL BE  THE  RESPONSIBILITY
OF THE HEALTH CARE PLAN.
  (B)  FOR DISPUTES INVOLVING A PATIENT THAT IS NOT AN INSURED, WHEN THE
INDEPENDENT DISPUTE RESOLUTION ENTITY DETERMINES THE PHYSICIAN'S FEE  IS
REASONABLE,  PAYMENT  FOR  THE  DISPUTE  RESOLUTION PROCESS SHALL BE THE
RESPONSIBILITY OF THE PATIENT UNLESS PAYMENT FOR THE DISPUTE  RESOLUTION
PROCESS  WOULD  POSE A HARDSHIP TO THE PATIENT. THE SUPERINTENDENT SHALL
PROMULGATE A REGULATION TO DETERMINE PAYMENT FOR THE DISPUTE  RESOLUTION
PROCESS  IN  CASES  OF HARDSHIP. WHEN THE INDEPENDENT DISPUTE RESOLUTION
ENTITY DETERMINES THE PHYSICIAN'S FEE IS UNREASONABLE, PAYMENT  FOR  THE
DISPUTE RESOLUTION PROCESS SHALL BE THE RESPONSIBILITY OF THE PHYSICIAN.
  S 27. This act shall take effect one year after it shall have become a
law, provided, however, that:
  1.  if  the  amendments  by  chapter  514  of the laws of 2013 made to
subsection (b) of section 4903 of the insurance law and subdivision 2 of
section 4903 of the public health law, as amended by sections twelve and
twenty-two of this act, respectively, take effect after such date,  then
sections twelve and twenty-two of this act shall take effect on the same
date as chapter 514 of the laws of 2013 takes effect;
  2.  for  policies  renewed  on and after such date this act shall take
effect on the renewal date;
  3. sections twelve, sixteen, seventeen, twenty-two and  twenty-six  of
this  act shall apply to health care services provided on and after such
date;
  4. sections eleven, thirteen, fourteen, fifteen,  twenty-one,  twenty-
three,  twenty-four  and  twenty-five of this act shall apply to denials
issued on and after such date; and
  5. effective immediately, the superintendent of financial services may
promulgate any regulations  necessary  for  the  implementation  of  the
provisions  of  this  act  on its effective date, and may certify one or
more independent dispute resolution entities.

                                 PART V

  Section 1.  The opening paragraph of subsection (k) of section 2101 of
the insurance law, as added by chapter 687  of  the  laws  of  2003,  is
amended to read as follows:

S. 6357--A                         81                         A. 8557--A

  In  this article, "insurance producer" means an insurance agent, TITLE
INSURANCE AGENT, TITLE INSURANCE SOLICITOR, insurance  broker,  reinsur-
ance  intermediary, excess lines broker, or any other person required to
be licensed under the laws of this state to sell, solicit  or  negotiate
insurance. Such term shall not include:
  S  2.  Paragraph  4 of subsection (k) of section 2101 of the insurance
law is REPEALED and paragraphs 5, 6, 7, 8, 9, 10, 11, and 12 are  renum-
bered paragraphs 4, 5, 6, 7, 8, 9, 10, and 11.
  S  3.  Section  2101  of  the insurance law is amended by adding 3 new
subsections (y), (z), and (aa) to read as follows:
  (Y) (1) IN THIS CHAPTER, "TITLE INSURANCE AGENT" MEANS ANY  AUTHORIZED
OR ACKNOWLEDGED AGENT OF A TITLE INSURANCE CORPORATION, AND ANY SUBAGENT
OR  OTHER  REPRESENTATIVE OF SUCH AN AGENT, WHO OR WHICH FOR COMMISSION,
COMPENSATION, OR ANY OTHER THING OF VALUE, PERFORMS THE  FOLLOWING  ACTS
IN CONJUNCTION WITH THE ISSUANCE OF A TITLE INSURANCE POLICY:
  (A)  DETERMINES  INSURABILITY  OR  PREPARES  OR ISSUES TITLE INSURANCE
COMMITMENTS OR POLICIES, OR BOTH, BASED UPON THE PERFORMANCE  OR  REVIEW
OF A SEARCH; AND
  (B) PERFORMS ONE OR MORE OF THE FOLLOWING FUNCTIONS:
  (I) COLLECTS, REMITS OR DISBURSES PREMIUM OR OTHER FUNDS;
  (II) HANDLES ESCROWS;
  (III) SELLS, SOLICITS OR NEGOTIATES TITLE INSURANCE BUSINESS; OR
  (IV)  CLOSES  TITLE,  INCLUDING  THE CLEARANCE OF TITLE EXCEPTIONS, IN
CONNECTION WITH THE ISSUANCE OF A TITLE INSURANCE POLICY;
  (2) SUCH TERM SHALL  NOT  INCLUDE  ANY  REGULAR  SALARIED  OFFICER  OR
EMPLOYEE  OF  AN AUTHORIZED TITLE INSURANCE CORPORATION OR OF A LICENSED
TITLE INSURANCE AGENT, WHO  DOES  NOT  RECEIVE  A  COMMISSION  OR  OTHER
COMPENSATION  FOR  SERVICES,  WHICH  COMMISSION OR OTHER COMPENSATION IS
DIRECTLY DEPENDENT UPON THE AMOUNT OF TITLE INSURANCE BUSINESS DONE.
  (Z) IN THIS CHAPTER, "TITLE INSURANCE CLOSER" MEANS ANY PERSON WHO FOR
COMPENSATION OR ANYTHING OF VALUE, REPRESENTS A TITLE  INSURANCE  CORPO-
RATION  OR  TITLE  INSURANCE  AGENT AT THE CLOSING OF TITLE, EXCEPT THAT
SUCH TERM SHALL NOT INCLUDE:
  (1) A LICENSED TITLE INSURANCE AGENT; OR
  (2) ANY REGULAR SALARIED OFFICER OR EMPLOYEE OF  AN  AUTHORIZED  TITLE
INSURANCE  CORPORATION  OR  TITLE INSURANCE AGENT WHO DOES NOT RECEIVE A
COMMISSION OR OTHER COMPENSATION THAT IS  DIRECTLY  DEPENDENT  UPON  THE
AMOUNT OF TITLE INSURANCE BUSINESS DONE.
  (AA)  IN  THIS  CHAPTER, "TITLE INSURANCE SOLICITOR" MEANS ANY PERSON,
FIRM, ASSOCIATION OR CORPORATION, WHO  OR  WHICH,  FOR  COMPENSATION  OR
ANYTHING  OF VALUE, SOLICITS TITLE INSURANCE ON BEHALF OF A TITLE INSUR-
ANCE CORPORATION OR A TITLE INSURANCE AGENT, EXCEPT THAT SUCH TERM SHALL
NOT INCLUDE:
  (1) A LICENSED TITLE INSURANCE AGENT; OR
  (2) ANY REGULAR SALARIED OFFICER OR EMPLOYEE OF  AN  AUTHORIZED  TITLE
INSURANCE  CORPORATION  OR  TITLE INSURANCE AGENT WHO DOES NOT RECEIVE A
COMMISSION OR OTHER COMPENSATION THAT IS  DIRECTLY  DEPENDENT  UPON  THE
AMOUNT OF TITLE INSURANCE BUSINESS DONE.
  S 4. Subparagraph (A) of paragraph 1 of subsection (a) of section 2102
of the insurance law, as amended by section 8 of part I of chapter 61 of
the laws of 2011, is amended to read as follows:
  (A) No person, firm, association or corporation shall act as an insur-
ance  producer, insurance adjuster [or], life settlement broker OR TITLE
INSURANCE CLOSER in this state without having  authority  to  do  so  by
virtue  of  a  license issued and in force pursuant to the provisions of
this chapter.

S. 6357--A                         82                         A. 8557--A

  S 5. Subsection (a) of section 2109 of the insurance law, paragraph  3
as  amended  by  chapter  687 of the laws of 2003, is amended to read as
follows:
  (a)  The  superintendent  may  issue  a  temporary  insurance  agent's
LICENSE, TITLE INSURANCE AGENT'S LICENSE or insurance broker's  license,
or  both  AN  INSURANCE  AGENT'S AND INSURANCE BROKER'S LICENSE, without
requiring the applicant to pass a written examination or to satisfy  the
requirements  of subsection (c) of section two thousand one hundred four
of this article except as to age, in the case of a license issued pursu-
ant to paragraph two [hereof]  OF  THIS  SUBSECTION,  in  the  following
cases:
  (1)  in the case of the death of a person who at the time of his death
was a licensed accident and health insurance agent under subsection  (a)
of  section  two  thousand one hundred three of this article, a licensed
insurance agent OR LICENSED TITLE INSURANCE AGENT under  subsection  (b)
of such section or a licensed insurance broker:
  (A)  to  the  executor or administrator of the estate of such deceased
agent or broker;
  (B) to a surviving next of kin of such deceased agent or broker, where
no administrator of his estate has been appointed and  no  executor  has
qualified under his duly probated will;
  (C) to the surviving member or members of a firm or association, which
at  the  time  of  the  death  of a member was such a licensed insurance
agent, LICENSED TITLE INSURANCE AGENT or licensed insurance broker; or
  (D) to an officer or director of a corporation upon the death  of  the
only  officer  or director who was qualified as a sub-licensee or to the
executor or administrator of the estate  of  such  deceased  officer  or
director;
  (2)  to any person who may be designated by a person licensed pursuant
to this chapter as an insurance  agent,  TITLE  INSURANCE  AGENT  or  an
insurance  broker,  or both AN INSURANCE AGENT AND INSURANCE BROKER, and
who is absent because of service in any branch of the  armed  forces  of
the  United  States, including a partnership or corporation [which] THAT
is licensed pursuant to this chapter as an insurance agent, TITLE INSUR-
ANCE AGENT or as an insurance broker, or both  AN  INSURANCE  AGENT  AND
INSURANCE BROKER, in a case where the sub-licensee or all sub-licensees,
if  more than one, named in the license or licenses issued to such part-
nership or corporation is or are absent because of service in any branch
of the armed forces of the United States; and
  (3) to the next of kin of a person who has become totally disabled and
prevented from pursuing any of the duties of his or her occupation,  and
who at the commencement of his or her disability was a licensed accident
and  health insurance agent under subsection (a) of section two thousand
one hundred three of this article,  a  licensed  insurance  agent  under
subsection  (b)  of  such section, A LICENSED TITLE INSURANCE AGENT or a
licensed insurance broker.
  S 6. Subsection (c) of section 2109 of the insurance law is amended to
read as follows:
  (c) Such license or licenses shall authorize  the  person  or  persons
named  therein to renew the business of the deceased, absent or disabled
INSURANCE agent, TITLE INSURANCE AGENT, or INSURANCE broker, or both  AN
INSURANCE AGENT AND INSURANCE BROKER, as the case may be, or of the firm
or,  in  the case of a license issued pursuant to paragraph one or three
of subsection (a) [hereof] OF THIS SECTION, the association whose  busi-
ness  is being continued thereunder, each such agent[,] OR broker[, firm
or association] being referred to in this section  as  "original  licen-

S. 6357--A                         83                         A. 8557--A

see",  expiring  during  the  period  in which such temporary license or
licenses are in force, to  collect  premiums  due  and  payable  to  the
original  licensee or, in the case of a license issued pursuant to para-
graph  one  of  subsection  (a)  [hereof] OF THIS SECTION, to his OR HER
estate, and to perform such other acts as an insurance  agent,  A  TITLE
INSURANCE  AGENT or [as] an insurance broker, or both AN INSURANCE AGENT
OR INSURANCE BROKER, as the case  may  be,  as  are  incidental  to  the
continuance of the insurance business of such original licensee.
  S  7.  Section  2109  of  the insurance law is amended by adding a new
subsection (h) to read as follows:
  (H) (1) IN THE CASE OF A PERSON SEEKING A TEMPORARY LICENSE TO ACT  AS
A  TITLE INSURANCE AGENT PURSUANT TO SUBSECTION (A) OF THIS SECTION, THE
SUPERINTENDENT MAY ISSUE A LICENSE FOR A TERM NOT TO EXCEED ONE  HUNDRED
EIGHTY DAYS TO SUCH PERSON PROVIDED THE PERSON:
  (A)  DEMONSTRATES  TO  THE  SATISFACTION  OF THE SUPERINTENDENT THAT A
TITLE INSURANCE CORPORATION IS WILLING TO APPOINT HIM OR HER;
  (B) SUBMITS TO THE NEXT AVAILABLE TITLE INSURANCE  AGENT  EXAMINATION;
AND
  (C)  DEMONSTRATES TO THE SATISFACTION OF THE SUPERINTENDENT THAT HE OR
SHE IS QUALIFIED, COMPETENT, EXPERIENCED AND TRUSTWORTHY  TO  ACT  AS  A
TITLE INSURANCE AGENT.
  (2)  ANY PERSON ISSUED A LICENSE PURSUANT TO THIS SUBSECTION SHALL, BY
VIRTUE OF SUCH LICENSE, BE AUTHORIZED TO SOLICIT, NEGOTIATE OR SELL  NEW
POLICIES OF TITLE INSURANCE.
  S  8.  The section heading and subsections (a) and (b) of section 2110
of the insurance law, as amended by chapter 499 of  the  laws  of  2009,
paragraph  15  of  subsection  (a)  as added and paragraphs 16 and 17 of
subsection (a) as renumbered by chapter 546 of the  laws  of  2013,  are
amended to read as follows:
  Revocation  or  suspension of license of insurance producer, insurance
consultant, adjuster, TITLE INSURANCE CLOSER, or life settlement broker.
(a) The superintendent may refuse to renew, revoke, or may suspend for a
period the  superintendent  determines  the  license  of  any  insurance
producer, insurance consultant, adjuster, TITLE INSURANCE CLOSER or life
settlement  broker,  if,  after  notice  and hearing, the superintendent
determines that the licensee or any sub-licensee has:
  (1) violated any insurance laws, or violated any regulation,  subpoena
or  order  of the superintendent or of another state's insurance commis-
sioner, or has violated any law in the course of his or her dealings  in
such capacity;
  (2)  provided  materially incorrect, materially misleading, materially
incomplete or materially untrue information in the license application;
  (3) obtained or attempted to obtain  a  license  through  misrepresen-
tation or fraud;
  (4) (A) used fraudulent, coercive or dishonest practices;
  (B) demonstrated incompetence;
  (C) demonstrated untrustworthiness; or
  (D) demonstrated financial irresponsibility in the conduct of business
in this state or elsewhere;
  (5)  improperly  withheld,  misappropriated or converted any monies or
properties received in the course of business in  this  state  or  else-
where;
  (6)  intentionally  misrepresented  the terms of an actual or proposed
insurance contract, life settlement contract or application  for  insur-
ance;
  (7) has been convicted of a felony;

S. 6357--A                         84                         A. 8557--A

  (8)  admitted  or  been  found  to have committed any insurance unfair
trade practice or fraud;
  (9)  had  an insurance producer license, INSURANCE CONSULTANT LICENSE,
ADJUSTER LICENSE, A TITLE INSURANCE CLOSER LICENSE,  a  life  settlement
broker  license,  or its equivalent, denied, suspended or revoked in any
other state, province, district or territory;
  (10) forged another's name to an application  for  insurance  or  life
settlement  contract  or to any document related to an insurance or life
settlement transaction;
  (11) improperly used notes or any other reference material to complete
an examination for  an  insurance  license  or  life  settlement  broker
license;
  (12)  knowingly  accepted insurance business from an individual who is
not licensed;
  (13) failed to comply with an administrative or court order imposing a
child support obligation;
  (14) failed to pay state income tax or comply with any  administrative
or court order directing payment of state income tax;
  (15) while acting as a public adjuster, the licensee has failed to act
on  behalf and in the best interests of the insured when negotiating for
or effecting the settlement of an insurance claim for  such  insured  or
otherwise acting as a public adjuster, or has failed to make the disclo-
sures  required  by paragraph two of subsection (s) of section two thou-
sand one hundred eight of this article;
  (16) while acting as a life settlement broker, failed to  protect  the
privacy  of  the  insured  or  owner  or  other person for whom the life
settlement broker was required to provide protection pursuant to article
seventy-eight of this chapter; or
  (17) ceased to meet the requirements for licensure under this chapter.
  (b) Before revoking or suspending the license of any insurance produc-
er, TITLE INSURANCE CLOSER, life settlement  broker  or  other  licensee
pursuant  to  the  provisions of this article, the superintendent shall,
except when proceeding pursuant to subsection (f) of this section,  give
notice  to  the  licensee  and  to every sub-licensee and shall hold, or
cause to be held, a hearing not less than ten days after the  giving  of
such notice.
  S 9. Subsections (a), (b), (c), and (d) of sections 2112 of the insur-
ance  law, subsection (a) as amended by chapter 540 of the laws of 1996,
subsections (b) and (d) as amended by chapter 687 of the  laws  of  2003
and  subsection  (c)  as amended by chapter 647 of the laws of 1992, are
amended to read as follows:
  (a) Every insurer, fraternal benefit  society  or  health  maintenance
organization  doing  business  in this state shall file a certificate of
appointment in such form as the superintendent may prescribe in order to
appoint insurance agents, TITLE INSURANCE  AGENTS,  OR  TITLE  INSURANCE
SOLICITORS  to  represent  such  insurer,  fraternal  benefit society or
health maintenance organization; EXCEPT THAT  A  TITLE  INSURANCE  AGENT
SHALL  FILE A CERTIFICATE OF APPOINTMENT IN SUCH FORM AS THE SUPERINTEN-
DENT MAY PRESCRIBE IN ORDER TO APPOINT A TITLE  INSURANCE  SOLICITOR  TO
ACT ON BEHALF OF SUCH TITLE INSURANCE AGENT.
  (b) To appoint a producer, the appointing insurer, OR IN THE CASE OF A
TITLE  INSURANCE  SOLICITOR,  THE  APPOINTING  TITLE  INSURANCE AGENT OR
INSURER, shall file, in a  format  approved  by  the  superintendent,  a
notice  of  appointment  within  fifteen  days  from the date the agency
contract is executed or the first insurance application is submitted.

S. 6357--A                         85                         A. 8557--A

  (c) Certificates of appointment shall be valid until [(i)] (1)  termi-
nated  by the appointing insurer OR TITLE INSURANCE AGENT after a termi-
nation in accordance with the provisions of the agency contract;  [(ii)]
(2)  the  license  is  suspended  or  revoked  by the superintendent; or
[(iii)] (3) the license expires and is not renewed.
  (d)  Every  insurer,  fraternal  benefit society or health maintenance
organization or insurance producer or the authorized  representative  of
the  insurer, fraternal benefit society, health maintenance organization
or insurance producer doing business in this state  shall,  upon  termi-
nation  of the certificate of appointment as set forth in subsection (a)
of this section of any insurance agent, TITLE INSURANCE AGENT  OR  TITLE
INSURANCE  SOLICITOR  licensed  in  this  state, or upon termination for
cause for activities as set forth in subsection (a) of section two thou-
sand one hundred ten of this article, of the certificate of appointment,
of employment, of a contract or other  insurance  business  relationship
with  any insurance producer, file with the superintendent within thirty
days a statement, in such form as the superintendent may  prescribe,  of
the facts relative to such termination for cause. The insurer, fraternal
benefit  society, health maintenance organization, insurance producer or
the authorized representative of the insurer, fraternal benefit society,
health maintenance organization or  insurance  producer  shall  provide,
within  fifteen days after notification has been sent to the superinten-
dent, a copy of the statement  filed  with  the  superintendent  to  the
insurance producer at his, or her or its last known address by certified
mail, return receipt requested, postage prepaid or by overnight delivery
using a nationally recognized carrier.  Every statement made pursuant to
this subsection shall be deemed a privileged communication.
  S  10.  The  insurance  law is amended by adding a new section 2113 to
read as follows:
  S 2113. TITLE INSURANCE AGENT, TITLE INSURANCE  SOLICITOR,  AND  TITLE
INSURANCE  CLOSER;  COMMISSIONS.  (A)  NO INSURER DOING BUSINESS IN THIS
STATE, AND NO AGENT OR  OTHER  REPRESENTATIVE  THEREOF,  SHALL  PAY  ANY
COMMISSION  OR  OTHER  COMPENSATION  TO ANY PERSON, FIRM, ASSOCIATION OR
CORPORATION FOR ACTING AS A TITLE INSURANCE AGENT IN THIS STATE,  EXCEPT
TO A LICENSED TITLE INSURANCE AGENT.
  (B)  NO  INSURER  DOING  BUSINESS IN THIS STATE, AND NO AGENT OR OTHER
REPRESENTATIVE THEREOF, SHALL PAY ANY COMPENSATION TO ANY PERSON,  FIRM,
ASSOCIATION  OR  CORPORATION  FOR  ACTING AS A TITLE INSURANCE CLOSER IN
THIS STATE, EXCEPT TO A LICENSED TITLE INSURANCE CLOSER.
  (C) NO INSURER DOING BUSINESS IN THIS STATE, AND  NO  AGENT  OR  OTHER
REPRESENTATIVE  THEREOF, SHALL PAY ANY COMPENSATION TO ANY PERSON, FIRM,
ASSOCIATION OR CORPORATION FOR ACTING AS A TITLE INSURANCE SOLICITOR  IN
THIS STATE, EXCEPT TO A LICENSED TITLE INSURANCE SOLICITOR.
  (D)  AT  THE  TIME  OF  THE APPLICATION, A TITLE INSURANCE AGENT SHALL
PROVIDE TO EVERY APPLICANT FOR INSURANCE, A WRITTEN GOOD FAITH  ESTIMATE
OF THE PREMIUM ON THE POLICY OR POLICIES TO BE ISSUED AND A BREAKDOWN OF
THE  AMOUNT OF ALL FEES AND SERVICE COSTS, INCLUDING ALL FILING FEES AND
CLOSING COSTS, AND ANY OTHER ANCILLARY OR DISCRETIONARY  CHARGES  TO  BE
INCURRED,  AND  THE AMOUNT OF ANY COMMISSION OR OTHER COMPENSATION TO BE
PAID TO SUCH AGENT BY THE  TITLE  INSURANCE  CORPORATION.  IF  NO  TITLE
INSURANCE AGENT IS UTILIZED, THE TITLE INSURER SHALL PROVIDE THE DISCLO-
SURES.
  (E)  FOR  PURPOSES  OF THIS CHAPTER, A TITLE INSURANCE CLOSER SHALL BE
DEEMED TO BE THE APPOINTED REPRESENTATIVE OF THE TITLE INSURANCE  CORPO-
RATION  OR  TITLE  INSURANCE AGENT THAT HAS ENGAGED SUCH TITLE INSURANCE
CLOSER FOR THE CLOSING.

S. 6357--A                         86                         A. 8557--A

  (F) NOTHING IN THIS CHAPTER SHALL BE DEEMED TO OR BE  CONSTRUED  IN  A
MANNER  TO AUTHORIZE OR PERMIT ANY ACTIVITY OR PRACTICE, WITH RESPECT TO
THE BUSINESS OF TITLE INSURANCE, THAT  IS  PROHIBITED  BY  SECTION  FOUR
HUNDRED EIGHTY-FOUR OR FOUR HUNDRED NINETY-FIVE OF THE JUDICIARY LAW, OR
OTHERWISE PROHIBITED BY LAW, INCLUDING THE UNAUTHORIZED PRACTICE OF LAW.
  (G)  NO  PERSON OR ENTITY WHO ACTS AS AN AGENT, REPRESENTATIVE, ATTOR-
NEY, OR EMPLOYEE OF THE OWNER,  LESSEE,  OR  MORTGAGEE,  OR  PROSPECTIVE
OWNER, LESSEE, OR MORTGAGEE OF THE REAL PROPERTY OR ANY INTEREST THEREIN
AND  WHO  ALSO  IS  A MEMBER, EMPLOYEE, OR DIRECTOR OF A TITLE INSURANCE
AGENT, OWNS ANY INTEREST IN A TITLE INSURANCE AGENT, OR IS A  SUBSIDIARY
OR  AFFILIATE OF ANY TITLE INSURANCE AGENT, SHALL REFER AN APPLICANT FOR
INSURANCE TO SUCH AGENT, AND NO SUCH TITLE INSURANCE AGENT SHALL  ACCEPT
ANY  SUCH  REFERRAL  OF TITLE INSURANCE BUSINESS, UNLESS THE REFERRAL IS
MADE IN ACCORDANCE WITH SECTION SIX THOUSAND FOUR HUNDRED NINE  OF  THIS
CHAPTER  AND  SUCH  PERSON  OR ENTITY, AT THE TIME OF MAKING A REFERRAL,
PROVIDES, AT A MINIMUM, THE FOLLOWING WRITTEN DISCLOSURE TO  THE  APPLI-
CANT:
  (1)  THE  NATURE  OF THE RELATIONSHIP BETWEEN THE PERSON OR ENTITY AND
THE TITLE INSURANCE AGENT;
  (2) THAT THE PARTY BEING REFERRED IS NOT REQUIRED TO USE THE  SERVICES
OF THE TITLE INSURANCE AGENT OR THE TITLE INSURANCE CORPORATION TO WHICH
THE PARTY IS BEING REFERRED;
  (3) THAT ANY MONEY OR OTHER THING OF VALUE DIRECTLY OR INDIRECTLY PAID
BY  THE  TITLE  INSURANCE  AGENT  OR  TITLE INSURANCE CORPORATION TO THE
PERSON OR ENTITY IS BASED ON THE PERSON OR ENTITY'S  FINANCIAL  INTEREST
IN  THE TITLE INSURANCE AGENT, AND IS NOT RELATED TO THE AMOUNT OF TITLE
INSURANCE BUSINESS THE PERSON OR ENTITY REFERS TO  THE  TITLE  INSURANCE
AGENT;
  (4)  THAT  THE  PERSON  OR ENTITY IS NOT REQUIRED TO REFER A SPECIFIED
AMOUNT OF TITLE INSURANCE BUSINESS TO THE TITLE INSURANCE AGENCY; AND
  (5) THE AMOUNT OR VALUE OF ANY COMPENSATION OR OTHER  THING  OF  VALUE
THAT  THE  PERSON  OR  ENTITY  EXPECTS TO RECEIVE IN CONNECTION WITH THE
SERVICES TO BE PROVIDED BY THE TITLE INSURANCE AGENT OR THE TITLE INSUR-
ANCE CORPORATION TO WHICH THE PARTY IS BEING REFERRED.
  S 11. The section heading of section 2119 of  the  insurance  law,  as
amended  by  chapter  499  of  the  laws  of  2009, is amended and a new
subsection (f) is added to read as follows:
  Insurance agents, brokers, consultants, [and] life settlement brokers,
TITLE INSURANCE AGENTS AND TITLE INSURANCE CLOSERS; written contract for
compensation; excess charges prohibited.
  (F) NO TITLE INSURANCE AGENT OR TITLE INSURANCE CLOSER MAY RECEIVE ANY
COMPENSATION OR FEE, DIRECT OR INDIRECT, FOR OR ON ACCOUNT  OF  SERVICES
PERFORMED  IN  CONNECTION WITH THE ISSUANCE OF A TITLE INSURANCE POLICY,
UNLESS SUCH COMPENSATION IS: (1) FOR ANCILLARY SERVICES NOT  ENCOMPASSED
IN  THE  RATE  OF  PREMIUM APPROVED BY THE SUPERINTENDENT; AND (2) BASED
UPON A WRITTEN MEMORANDUM SIGNED BY THE PARTY TO BE CHARGED, AND  SPECI-
FYING  OR  CLEARLY DEFINING THE AMOUNT OR EXTENT OF SUCH COMPENSATION. A
COPY OF EVERY SUCH MEMORANDUM SHALL BE RETAINED BY THE LICENSEE FOR  NOT
LESS THAN THREE YEARS AFTER SUCH SERVICES HAVE BEEN FULLY PERFORMED.
  S  12. The section heading and subsections (a) and (c) of section 2120
of the insurance law are amended to read as follows:
  Fiduciary capacity of insurance agents, TITLE INSURANCE AGENTS,  TITLE
INSURANCE CLOSERS, insurance brokers and reinsurance intermediaries. (a)
Every  insurance  agent,  TITLE INSURANCE AGENT, TITLE INSURANCE CLOSER,
and [every] insurance broker acting as  such  in  this  state  shall  be
responsible  in a fiduciary capacity for all funds received or collected

S. 6357--A                         87                         A. 8557--A

as insurance agent or insurance  broker,  and  shall  not,  without  the
express consent of his, HER or its principal, mingle any such funds with
his,  HER  or  its own funds or with funds held by him, HER or it in any
other capacity.
  (c)  This  section  shall  not require any such INSURANCE agent, TITLE
INSURANCE AGENT, TITLE INSURANCE CLOSER, INSURANCE broker or reinsurance
intermediary to maintain a separate bank deposit for the funds  of  each
such  principal, if and as long as the funds so held for each such prin-
cipal are reasonably ascertainable from the books of account and records
of such agent, broker or reinsurance intermediary, as the case may be.
  S 13. The section heading and subsection (a) of section  2122  of  the
insurance law are amended to read as follows:
  Advertising  by  insurance  [agents and brokers] PRODUCERS. (a) (1) No
insurance [agent or insurance broker] PRODUCER shall make  or  issue  in
this  state  any  advertisement, sign, pamphlet, circular, card or other
public announcement purporting to make known the financial condition  of
any  insurer,  unless  the  same  shall  conform  to the requirements of
section one thousand three hundred thirteen of this chapter.
  (2) No insurance [agent, insurance broker] PRODUCER or  other  person,
shall,  by  any advertisement or public announcement in this state, call
attention to any unauthorized insurer or insurers.
  S 14. Subsections (a) and (b) of section 2128 of  the  insurance  law,
subsection (b) as further amended by section 104 of part A of chapter 62
of the laws of 2011, are amended to read as follows:
  (a)  Notwithstanding  the  provisions  of  sections two thousand three
hundred twenty-four and four thousand two hundred  twenty-four  of  this
chapter,  no  [insurance  agent, insurance broker, insurance consultant,
excess line broker,  reinsurance  intermediary  or  insurance  adjuster]
LICENSEE  SUBJECT  TO THIS ARTICLE shall receive any commissions or fees
or shares thereof in connection with insurance coverages placed  for  or
insurance  services rendered to the state, its agencies and departments,
public  benefit  corporations,  municipalities  and  other  governmental
subdivisions  in  this  state,  unless  such [insurance agent, insurance
broker, insurance consultant, excess line broker,  reinsurance  interme-
diary  or  insurance adjuster] LICENSEE actually placed insurance cover-
ages on behalf of or rendered insurance services to the state, its agen-
cies and departments, public benefit  corporations,  municipalities  and
other governmental subdivisions in this state.
  (b)  The  superintendent  shall,  by  regulation,  require  [insurance
agents, insurance brokers, insurance consultants, excess  line  brokers,
reinsurance intermediaries and insurance adjusters] LICENSEES SUBJECT TO
THIS ARTICLE to file disclosure statements with the department of finan-
cial  services  and  the  most  senior official of the governmental unit
involved, with respect to any insurance coverages placed for  or  insur-
ance  services  rendered  to  the  state,  its agencies and departments,
public  benefit  corporations,  municipalities  and  other  governmental
subdivisions in this state, EXCEPT THAT NEITHER A TITLE INSURANCE CORPO-
RATION  NOR  A TITLE INSURANCE AGENT SHALL BE REQUIRED TO FILE A DISCLO-
SURE STATEMENT IF AN INDUSTRIAL DEVELOPMENT AGENCY, STATE  OF  NEW  YORK
MORTGAGE  AGENCY OR ITS SUCCESSOR, OR ANY SIMILAR TYPE OF ENTITY, IS THE
NAMED INSURED UNDER THE POLICY AND IS A MORTGAGEE WITH  RESPECT  TO  THE
PROPERTY INSURED.
  S 15. Subsections (a) and (b) of section 2132 of the insurance law, as
amended  by  chapter  499  of  the  laws of 2009, are amended to read as
follows:

S. 6357--A                         88                         A. 8557--A

  (a) This section shall apply  to  resident  and  non-resident  persons
licensed pursuant to this article with respect to:
  (1)  life insurance, annuity contracts, variable annuity contracts and
variable life insurance;
  (2) sickness, accident and health insurance;
  (3) all lines of property and casualty insurance; [and]
  (4) life settlements[.]; AND
  (5) TITLE INSURANCE.
  (b) This section shall not apply to:
  (1) those persons holding licenses for which  an  examination  is  not
required by the laws of this state;
  (2) any limited licensees or any other licensees as the superintendent
may  exempt  subject  to  any  continuing  education requirements deemed
appropriate by the superintendent; [or]
  (3) for purposes of the continuing  education  requirements  for  life
settlements,  an insurance producer with a life line of authority who is
acting as a life settlement broker pursuant to section two thousand  one
hundred thirty-seven of this article; OR
  (4)  FOR  PURPOSES  OF  A  TITLE  INSURANCE AGENT LICENSE, AN ATTORNEY
LICENSED TO PRACTICE LAW IN THIS STATE.
  S 16. The insurance law is amended by adding a  new  section  2139  to
read as follows:
  S  2139. FINGERPRINTING.  (A) (1) EXCEPT AS PROVIDED IN SUBSECTION (B)
OF THIS SECTION, THE SUPERINTENDENT MAY REQUIRE ANY INDIVIDUAL NAMED  IN
AN  APPLICATION  FOR  A  LICENSE  UNDER SECTION TWO THOUSAND ONE HUNDRED
FORTY, TWO THOUSAND ONE HUNDRED FORTY-ONE, OR TWO THOUSAND  ONE  HUNDRED
FORTY-TWO  OF THIS ARTICLE TO SUBMIT A SET OF FINGERPRINTS. SUCH FINGER-
PRINTS SHALL BE SUBMITTED TO THE DIVISION OF CRIMINAL  JUSTICE  SERVICES
FOR  A  STATE CRIMINAL HISTORY RECORD CHECK, AND MAY BE SUBMITTED TO THE
FEDERAL BUREAU OF INVESTIGATION FOR A NATIONAL CRIMINAL  HISTORY  RECORD
CHECK.  ALL  SUCH  CRIMINAL HISTORY RECORDS MADE AVAILABLE TO THE SUPER-
INTENDENT PURSUANT TO THIS SECTION SHALL BE CONFIDENTIAL PURSUANT TO THE
APPLICABLE FEDERAL AND STATE LAWS, RULES AND REGULATIONS, AND SHALL  NOT
BE  PUBLISHED  OR  IN ANY WAY DISCLOSED TO PERSONS OTHER THAN THE SUPER-
INTENDENT, UNLESS OTHERWISE AUTHORIZED BY LAW.
  (2) THE SUPERINTENDENT SHALL INFORM SUCH APPLICANT THAT HE OR SHE  MAY
OBTAIN  A  COPY  OF HIS OR HER CRIMINAL HISTORY RECORD MAINTAINED BY THE
DIVISION OF CRIMINAL JUSTICE SERVICES, IF ANY,  AND  MAY  CHALLENGE  THE
COMPLETENESS  OR  ACCURACY  OF THE INFORMATION CONTAINED IN SUCH RECORD,
PURSUANT TO REGULATIONS AND PROCEDURES ESTABLISHED BY  THE  DIVISION  OF
CRIMINAL JUSTICE SERVICES.
  (3) ALL DETERMINATIONS TO GRANT OR DENY CLEARANCE FOR LICENSURE PURSU-
ANT  TO  THIS SECTION SHALL BE IN ACCORDANCE WITH SUBDIVISION SIXTEEN OF
SECTION TWO HUNDRED NINETY-SIX OF THE EXECUTIVE LAW AND ARTICLE  TWENTY-
THREE-A  OF THE CORRECTION LAW. WHEN THE SUPERINTENDENT DENIES AN APPLI-
CATION, WRITTEN NOTICE OF SUCH  DETERMINATION  SHALL  BE  GIVEN  TO  THE
PROSPECTIVE  APPLICANT  WHO SHALL BE AFFORDED NOTICE AND THE RIGHT TO BE
HEARD AND OFFER PROOF IN OPPOSITION TO SUCH DETERMINATION.
  (B) THE SUPERINTENDENT SHALL WAIVE THE FINGERPRINTING REQUIREMENT  FOR
A  NONRESIDENT  PRODUCER  LICENSE  APPLICANT  AS PROVIDED IN SECTION TWO
THOUSAND ONE HUNDRED THIRTY-SIX OF THIS ARTICLE.
  S 17. The insurance law is amended by adding a  new  section  2140  to
read as follows:
  S 2140. TITLE INSURANCE AGENTS; LICENSING.  (A) THE SUPERINTENDENT MAY
ISSUE A LICENSE TO ANY PERSON, FIRM, ASSOCIATION OR CORPORATION THAT HAS
COMPLIED WITH THE REQUIREMENTS OF THIS CHAPTER, AUTHORIZING THE LICENSEE

S. 6357--A                         89                         A. 8557--A

TO  ACT  AS  A  TITLE  INSURANCE AGENT OF ANY AUTHORIZED TITLE INSURANCE
CORPORATION, PROVIDED  THAT  SUCH  TITLE  INSURANCE  AGENT  DEMONSTRATES
FINANCIAL  ACCOUNTABILITY  AS  EVIDENCED  BY  A  BOND OR OTHER METHOD OF
FINANCIAL  ACCOUNTABILITY  IN  AN  AMOUNT  NOT  LESS THAN FIFTY THOUSAND
DOLLARS.
  (B) ANY SUCH LICENSE ISSUED TO A FIRM OR ASSOCIATION  SHALL  AUTHORIZE
ONLY THE MEMBERS THEREOF, NAMED IN SUCH LICENSE AS SUB-LICENSEES, TO ACT
INDIVIDUALLY  AS TITLE INSURANCE AGENTS THEREUNDER, AND ANY SUCH LICENSE
ISSUED TO A CORPORATION SHALL AUTHORIZE ONLY THE OFFICERS AND  DIRECTORS
THEREOF,  NAMED IN SUCH LICENSE AS SUB-LICENSEES, TO ACT INDIVIDUALLY AS
TITLE INSURANCE AGENTS THEREUNDER. EVERY SUB-LICENSEE  ACTING  AS  TITLE
INSURANCE AGENT PURSUANT TO SUCH A LICENSE SHALL BE AUTHORIZED SO TO ACT
ONLY  IN  THE NAME OF THE LICENSEE. IN THE CASE OF A LICENSE ISSUED TO A
TITLE INSURANCE AGENT, AT LEAST ONE DESIGNATED SUB-LICENSEE MUST HAVE  A
FINANCIAL OR OTHER BENEFICIAL INTEREST IN THE LICENSEE.
  (C)  EVERY  INDIVIDUAL  APPLICANT FOR A LICENSE UNDER THIS SECTION AND
EVERY PROPOSED LICENSEE SHALL BE EIGHTEEN YEARS OF AGE OR OLDER  AT  THE
TIME OF THE ISSUANCE OF SUCH LICENSE.
  (D)  BEFORE  ANY  ORIGINAL  TITLE INSURANCE AGENT'S LICENSE IS ISSUED,
THERE SHALL BE ON FILE IN THE OFFICE OF THE SUPERINTENDENT  AN  APPLICA-
TION  BY  THE PROSPECTIVE LICENSEE IN SUCH FORM OR FORMS AND SUPPLEMENTS
THERETO, ALONG WITH A FEE IN THE AMOUNT OF FORTY DOLLARS FOR  EACH  YEAR
OR  FRACTION OF A YEAR IN WHICH THE LICENSE SHALL BE VALID, AND CONTAIN-
ING INFORMATION THE SUPERINTENDENT PRESCRIBES.
  (E) THE SUPERINTENDENT SHALL, IN ORDER TO DETERMINE THE COMPETENCY  OF
EVERY  INDIVIDUAL  APPLICANT  AND OF EVERY PROPOSED SUB-LICENSEE FOR THE
TITLE INSURANCE AGENT LICENSE, REQUIRE SUCH INDIVIDUAL TO  SUBMIT  TO  A
PERSONAL WRITTEN EXAMINATION AND TO PASS THE SAME TO THE SATISFACTION OF
THE  SUPERINTENDENT.  THE  EXAMINATION  SHALL  BE HELD AT SUCH TIMES AND
PLACES AS THE SUPERINTENDENT SHALL FROM TIME TO  TIME  DETERMINE.  EVERY
INDIVIDUAL  APPLYING  TO TAKE ANY WRITTEN EXAMINATION SHALL, AT THE TIME
OF APPLYING THEREFOR, PAY TO THE SUPERINTENDENT OR, AT THE DISCRETION OF
THE SUPERINTENDENT, DIRECTLY TO ANY ORGANIZATION THAT IS UNDER  CONTRACT
TO PROVIDE EXAMINATION SERVICES, AN EXAMINATION FEE OF AN AMOUNT THAT IS
THE  ACTUAL DOCUMENTED ADMINISTRATIVE COST OF CONDUCTING SAID QUALIFYING
EXAMINATION AS CERTIFIED BY THE SUPERINTENDENT FROM  TIME  TO  TIME.  AN
EXAMINATION  FEE  REPRESENTS  AN ADMINISTRATIVE EXPENSE AND SHALL NOT BE
REFUNDABLE. THE SUPERINTENDENT MAY ACCEPT, IN LIEU OF ANY SUCH  EXAMINA-
TION,  THE  RESULT  OF  ANY  PREVIOUS  WRITTEN EXAMINATION, GIVEN BY THE
SUPERINTENDENT, WHICH IN THE SUPERINTENDENT'S JUDGMENT, IS EQUIVALENT TO
THE EXAMINATION FOR WHICH IT IS SUBSTITUTED.
  (F) EVERY INDIVIDUAL SEEKING TO QUALIFY  TO  OBTAIN  A  LICENSE  UNDER
SUBSECTION  (B)  OF  THIS  SECTION SHALL BE REQUIRED TO PASS THE TYPE OR
TYPES OF EXAMINATION PRESCRIBED BY  THE  SUPERINTENDENT.  AN  INDIVIDUAL
SHALL  NOT  BE DEEMED QUALIFIED TO TAKE THE EXAMINATION UNLESS THE INDI-
VIDUAL HAS SUCCESSFULLY COMPLETED A COURSE OR COURSES,  APPROVED  AS  TO
METHOD  AND  CONTENT BY THE SUPERINTENDENT, COVERING THE TITLE INSURANCE
BUSINESS AND REQUIRING NOT LESS THAN TWENTY HOURS OF CLASSROOM WORK,  IN
INSTITUTIONS  OF  LEARNING MEETING THE STANDARDS PRESCRIBED BY PARAGRAPH
ONE OF SUBSECTION (A) OF SECTION TWO THOUSAND ONE HUNDRED FOUR  OF  THIS
ARTICLE.
  (G)  NO  SUCH  WRITTEN EXAMINATION OR PRE-LICENSING EDUCATION SHALL BE
REQUIRED OF ANY:
  (1) APPLICANT WHO FILES AN APPLICATION UNDER THIS SECTION  WITHIN  ONE
YEAR AFTER THE EFFECTIVE DATE OF THIS SUBSECTION AND WHO DEMONSTRATES TO
THE  SATISFACTION  OF  THE  SUPERINTENDENT  THAT  SUCH  APPLICANT OR ITS

S. 6357--A                         90                         A. 8557--A

PROSPECTIVE  SUB-LICENSEE  HAS,  WITHOUT  INTERRUPTION,  REGULARLY   AND
CONTINUOUSLY  PERFORMED  THE  FUNCTIONS OF A TITLE INSURANCE AGENT FOR A
PERIOD OF AT LEAST FIVE YEARS IMMEDIATELY PRECEDING THE FILING  OF  SUCH
APPLICATION AND IS COMPETENT AND TRUSTWORTHY TO ACT AS A TITLE INSURANCE
AGENT;
  (2)  APPLICANT  WHO  HAS  PASSED  THE WRITTEN EXAMINATION GIVEN BY THE
SUPERINTENDENT FOR A TITLE INSURANCE AGENT'S LICENSE AND WAS LICENSED AS
SUCH, OR OF AN APPLICANT WHO WAS LICENSED AS A TITLE INSURANCE AGENT BUT
DID NOT PASS SUCH AN EXAMINATION, PROVIDED THE APPLICANT APPLIES  WITHIN
TWO  YEARS FOLLOWING THE DATE OF TERMINATION OF THE APPLICANT'S LICENSE;
OR
  (3) APPLICANT SEEKING TO OBTAIN A LICENSE AS A TITLE INSURANCE  AGENT,
WHEN SUCH APPLICANT IS A LICENSED ATTORNEY-AT-LAW IN THIS STATE.
  (H)  THE  SUPERINTENDENT  MAY  REFUSE TO ISSUE TO AN APPLICANT A TITLE
INSURANCE AGENT'S LICENSE IF,  IN  THE  SUPERINTENDENT'S  JUDGMENT,  THE
PROPOSED LICENSEE OR ANY SUB-LICENSEE:
  (1) IS NOT TRUSTWORTHY AND COMPETENT TO ACT AS SUCH AGENT;
  (2)  HAS  GIVEN  CAUSE  FOR  THE  REVOCATION  OR  SUSPENSION OF SUCH A
LICENSE; OR
  (3) HAS FAILED TO COMPLY WITH ANY PREREQUISITE  FOR  THE  ISSUANCE  OF
SUCH LICENSE.
  (I)  (1)  EVERY  LICENSE  ISSUED  TO  A  BUSINESS  ENTITY  PURSUANT TO
SUBSECTION (A) OF  THIS  SECTION  SHALL  EXPIRE  ON  JUNE  THIRTIETH  OF
ODD-NUMBERED YEARS.
  (2) EVERY LICENSE ISSUED TO AN INDIVIDUAL BORN IN AN ODD-NUMBERED YEAR
SHALL  EXPIRE  ON  THE  INDIVIDUAL'S BIRTHDAY IN EACH ODD-NUMBERED YEAR.
LICENSES ISSUED TO INDIVIDUALS BORN IN EVEN-NUMBERED YEARS SHALL  EXPIRE
ON THE INDIVIDUAL'S BIRTHDAY IN EACH EVEN-NUMBERED YEAR.
  (3) EVERY LICENSE MAY BE RENEWED FOR THE ENSUING PERIOD OF TWENTY-FOUR
MONTHS  UPON  THE  FILING  OF  AN  APPLICATION  IN  CONFORMITY WITH THIS
SUBSECTION.
  (4) THE LICENSE MAY BE ISSUED FOR ALL OF SUCH TWO YEAR TERMS, OR  UPON
APPLICATION MADE DURING ANY SUCH TERM, FOR THE BALANCE THEREOF.
  (5)  ANY  LICENSE  SHALL  BE  CONSIDERED  IN  GOOD STANDING WITHIN THE
LICENSE TERM UNLESS:
  (A) REVOKED OR SUSPENDED BY THE SUPERINTENDENT PURSUANT TO THIS  ARTI-
CLE; OR
  (B)  IF AT THE EXPIRATION DATE OF THE LICENSE TERM, THE LICENSEE FAILS
TO FILE A RENEWAL APPLICATION, PROVIDED THE LICENSE WAS IN GOOD STANDING
DURING THE TERM.
  (6) BEFORE THE RENEWAL OF ANY TITLE INSURANCE AGENT'S LICENSE SHALL BE
ISSUED, THE LICENSEE SHALL HAVE:
  (A) FILED A COMPLETED RENEWAL APPLICATION IN SUCH FORM OR  FORMS,  AND
SUPPLEMENTS  THERETO, AND CONTAINING SUCH INFORMATION AS THE SUPERINTEN-
DENT MAY PRESCRIBE; AND
  (B) PAID SUCH FEES AS ARE PRESCRIBED IN THIS SECTION.
  (7) IF AN APPLICATION FOR A RENEWAL LICENSE SHALL HAVE BEEN FILED WITH
THE SUPERINTENDENT BEFORE THE  EXPIRATION  OF  SUCH  LICENSE,  THEN  THE
LICENSE  SOUGHT  TO  BE  RENEWED SHALL CONTINUE IN FULL FORCE AND EFFECT
EITHER UNTIL THE ISSUANCE BY THE SUPERINTENDENT OF THE  RENEWAL  LICENSE
APPLIED  FOR  OR  UNTIL  FIVE  DAYS  AFTER THE SUPERINTENDENT SHALL HAVE
REFUSED TO ISSUE SUCH RENEWAL LICENSE AND SHALL  HAVE  GIVEN  NOTICE  OF
SUCH  REFUSAL TO THE APPLICANT AND TO EACH PROPOSED SUB-LICENSEE. BEFORE
REFUSING TO RENEW ANY SUCH LICENSE, EXCEPT ON THE GROUND OF  FAILURE  TO
PASS  A  WRITTEN EXAMINATION, THE SUPERINTENDENT SHALL NOTIFY THE APPLI-

S. 6357--A                         91                         A. 8557--A

CANT OF THE SUPERINTENDENT'S INTENTION TO  DO  SO  AND  SHALL  GIVE  THE
APPLICANT A HEARING.
  (8)  THE  SUPERINTENDENT  MAY,  IN ISSUING A RENEWAL LICENSE, DISPENSE
WITH THE REQUIREMENTS OF A VERIFIED APPLICATION BY ANY INDIVIDUAL LICEN-
SEE OR SUB-LICENSEE WHO, BY REASON OF  BEING  ENGAGED  IN  ANY  MILITARY
SERVICE  FOR  THE  UNITED STATES, IS UNABLE TO MAKE PERSONAL APPLICATION
FOR SUCH RENEWAL LICENSE, UPON THE FILING OF AN APPLICATION ON BEHALF OF
SUCH INDIVIDUAL, IN SUCH FORM AS THE SUPERINTENDENT SHALL PRESCRIBE,  BY
SOME  PERSON OR PERSONS WHO IN HIS OR HER JUDGMENT HAVE KNOWLEDGE OF THE
FACTS AND WHO MAKE AFFIDAVIT  SHOWING  SUCH  MILITARY  SERVICE  AND  THE
INABILITY OF SUCH TITLE INSURANCE AGENT TO MAKE PERSONAL APPLICATION.
  (9)  AN  INDIVIDUAL  LICENSEE  OR SUB-LICENSEE WHO IS UNABLE TO COMPLY
WITH LICENSE RENEWAL PROCEDURES DUE TO OTHER EXTENUATING  CIRCUMSTANCES,
SUCH  AS  A  LONG-TERM  MEDICAL DISABILITY, MAY REQUEST A WAIVER OF SUCH
PROCEDURES, IN SUCH FORM AS  THE  SUPERINTENDENT  SHALL  PRESCRIBE.  THE
LICENSEE  OR  SUB-LICENSEE  MAY ALSO REQUEST A WAIVER OF ANY EXAMINATION
REQUIREMENT OR ANY OTHER FINE OR SANCTION IMPOSED FOR FAILURE TO  COMPLY
WITH RENEWAL PROCEDURES.
  (10)  AN  APPLICATION FOR THE RENEWAL OF A LICENSE SHALL BE FILED WITH
THE SUPERINTENDENT NOT LESS THAN  SIXTY  DAYS  PRIOR  TO  THE  DATE  THE
LICENSE  EXPIRES  OR  THE APPLICANT SHALL BE SUBJECT TO A FURTHER FEE OF
TEN DOLLARS FOR LATE FILING.
  (11) NO LICENSE FEE SHALL BE REQUIRED OF ANY PERSON WHO  SERVED  AS  A
MEMBER  OF  THE  ARMED  FORCES OF THE UNITED STATES AT ANY TIME, AND WHO
SHALL  HAVE  BEEN  DISCHARGED  THEREFROM  UNDER  CONDITIONS  OTHER  THAN
DISHONORABLE,  IN  A  CURRENT  LICENSING PERIOD FOR THE DURATION OF SUCH
PERIOD.
  (12) EXCEPT WHERE A CORPORATION, ASSOCIATION OR  FIRM  LICENSED  AS  A
TITLE  INSURANCE  AGENT IS APPLYING TO ADD A SUB-LICENSEE OR THE DATE OF
THE EXPIRATION OF THE LICENSE IS CHANGED, THERE SHALL BE NO FEE REQUIRED
FOR THE ISSUANCE OF AN AMENDED LICENSE.
  (13) THE SUPERINTENDENT MAY ISSUE A REPLACEMENT LICENSE FOR A CURRENT-
LY IN-FORCE LICENSE  THAT  HAS  BEEN  LOST  OR  DESTROYED.  BEFORE  SUCH
REPLACEMENT  LICENSE  SHALL  BE  ISSUED,  THERE  SHALL BE ON FILE IN THE
OFFICE OF THE SUPERINTENDENT A WRITTEN APPLICATION FOR SUCH  REPLACEMENT
LICENSE,  AFFIRMING  UNDER  PENALTY OF PERJURY THAT THE ORIGINAL LICENSE
HAS BEEN LOST OR DESTROYED, TOGETHER WITH A FEE OF FIFTEEN DOLLARS.
  (J) THE SUPERINTENDENT MAY  REFUSE  TO  ISSUE  A  LICENSE  OR  RENEWAL
LICENSE,  AS  THE  CASE  MAY  BE, TO ANY APPLICANT IF THE SUPERINTENDENT
FINDS THAT SUCH APPLICANT HAS BEEN OR WILL BE RECEIVING ANY  BENEFIT  OR
ADVANTAGE IN VIOLATION OF SECTION SIX THOUSAND FOUR HUNDRED NINE OF THIS
CHAPTER,  OR  IF  THE SUPERINTENDENT FINDS THAT MORE THAN TEN PERCENT OF
THE AGGREGATE NET COMMISSIONS OR OTHER COMPENSATION RECEIVED DURING  THE
TERM  OF THE EXISTING LICENSE, IF ANY, OR TO BE RECEIVED DURING THE TERM
OF THE LICENSE APPLIED FOR, BY THE APPLICANT, RESULTED  OR  WILL  RESULT
FROM INSURANCE ON THE PROPERTY AND RISKS SET FORTH IN SUBPARAGRAPHS (A),
(B)  AND  (C) OF PARAGRAPH ONE OF SUBSECTION (I) OF SECTION TWO THOUSAND
ONE HUNDRED THREE OF THIS ARTICLE, EXCEPT THAT IN  DETERMINING  THE  TEN
PERCENT,  THE  AGGREGATE NET COMMISSIONS OR OTHER COMPENSATION SHALL NOT
INCLUDE COMMISSIONS OR  OTHER  COMPENSATION  FROM  MORTGAGE  REFINANCING
TRANSACTIONS  INVOLVING REAL PROPERTY USED PREDOMINANTLY FOR RESIDENTIAL
PURPOSES AND WHICH CONSISTS OF NOT MORE THAN FOUR DWELLING UNITS,  OTHER
THAN  HOTELS  AND  MOTELS.  EVERY LICENSEE SUBJECT TO THIS CHAPTER SHALL
CERTIFY AT THE TIME OF LICENSING OR UPON RENEWAL TO  THE  SUPERINTENDENT
THAT SUCH LICENSEE IS IN COMPLIANCE WITH THIS SUBSECTION.

S. 6357--A                         92                         A. 8557--A

  S  18.  The  insurance  law is amended by adding a new section 2141 to
read as follows:
  S 2141. TITLE INSURANCE CLOSERS; LICENSING. (A) THE SUPERINTENDENT MAY
ISSUE A LICENSE TO ANY INDIVIDUAL WHO HAS COMPLIED WITH THE REQUIREMENTS
OF  THIS  CHAPTER,  AUTHORIZING THE LICENSEE TO ACT AS A TITLE INSURANCE
CLOSER FOR ANY AUTHORIZED TITLE INSURANCE CORPORATION OR TITLE INSURANCE
AGENT.
  (B) EVERY INDIVIDUAL APPLICANT FOR A LICENSE UNDER THIS SECTION  SHALL
BE  EIGHTEEN  YEARS  OF AGE OR OLDER AT THE TIME OF THE ISSUANCE OF SUCH
LICENSE.
  (C) BEFORE ANY ORIGINAL TITLE INSURANCE CLOSER'S  LICENSE  IS  ISSUED,
THERE  SHALL  BE ON FILE IN THE OFFICE OF THE SUPERINTENDENT AN APPLICA-
TION BY THE PROSPECTIVE LICENSEE IN SUCH FORM OR FORMS  AND  SUPPLEMENTS
THERETO,  ALONG  WITH A FEE IN THE AMOUNT OF FORTY DOLLARS FOR EACH YEAR
OR FRACTION OF A YEAR IN WHICH THE LICENSE SHALL BE VALID, AND  CONTAIN-
ING INFORMATION THE SUPERINTENDENT PRESCRIBES.
  (D)  THE SUPERINTENDENT SHALL, IN ORDER TO DETERMINE THE COMPETENCY OF
EVERY INDIVIDUAL APPLICANT  FOR  THE  TITLE  INSURANCE  CLOSER  LICENSE,
REQUIRE  SUCH INDIVIDUAL TO SUBMIT TO A PERSONAL WRITTEN EXAMINATION AND
TO PASS THE SAME TO THE SATISFACTION OF THE SUPERINTENDENT. THE EXAMINA-
TION SHALL BE HELD AT SUCH TIMES AND PLACES AS THE SUPERINTENDENT  SHALL
FROM TIME TO TIME DETERMINE. EVERY INDIVIDUAL APPLYING TO TAKE ANY WRIT-
TEN  EXAMINATION  SHALL,  AT  THE  TIME OF APPLYING THEREFOR, PAY TO THE
SUPERINTENDENT OR, AT THE DISCRETION OF THE SUPERINTENDENT, DIRECTLY  TO
ANY ORGANIZATION THAT IS UNDER CONTRACT TO PROVIDE EXAMINATION SERVICES,
AN  EXAMINATION  FEE OF AN AMOUNT THAT IS THE ACTUAL DOCUMENTED ADMINIS-
TRATIVE COST OF CONDUCTING SAID QUALIFYING EXAMINATION AS  CERTIFIED  BY
THE  SUPERINTENDENT  FROM TIME TO TIME. AN EXAMINATION FEE REPRESENTS AN
ADMINISTRATIVE EXPENSE AND SHALL NOT BE REFUNDABLE.  THE  SUPERINTENDENT
MAY  ACCEPT, IN LIEU OF ANY SUCH EXAMINATION, THE RESULT OF ANY PREVIOUS
WRITTEN EXAMINATION, GIVEN BY THE SUPERINTENDENT, WHICH  IN  THE  SUPER-
INTENDENT'S  JUDGMENT,  IS EQUIVALENT TO THE EXAMINATION FOR WHICH IT IS
SUBSTITUTED.
  (E) EVERY INDIVIDUAL SEEKING TO QUALIFY  TO  OBTAIN  A  LICENSE  UNDER
SUBSECTION  (B)  OF  THIS  SECTION SHALL BE REQUIRED TO PASS THE TYPE OR
TYPES OF EXAMINATION PRESCRIBED BY  THE  SUPERINTENDENT.  AN  INDIVIDUAL
SHALL  NOT  BE DEEMED QUALIFIED TO TAKE THE EXAMINATION UNLESS THE INDI-
VIDUAL HAS SUCCESSFULLY COMPLETED A COURSE OR COURSES,  APPROVED  AS  TO
METHOD  AND  CONTENT BY THE SUPERINTENDENT, COVERING THE TITLE INSURANCE
BUSINESS AND REQUIRING NOT LESS THAN TWENTY HOURS OF CLASSROOM WORK,  IN
INSTITUTIONS  OF  LEARNING MEETING THE STANDARDS PRESCRIBED BY PARAGRAPH
ONE OF SUBSECTION (A) OF SECTION TWO THOUSAND ONE HUNDRED FOUR  OF  THIS
ARTICLE.
  (F)  NO  SUCH  WRITTEN EXAMINATION OR PRE-LICENSING EDUCATION SHALL BE
REQUIRED OF ANY:
  (1) INDIVIDUAL WHO FILES AN APPLICATION UNDER THIS SECTION WITHIN  ONE
YEAR AFTER THE EFFECTIVE DATE OF THIS SUBSECTION AND WHO DEMONSTRATES TO
THE  SATISFACTION OF THE SUPERINTENDENT THAT SUCH APPLICANT HAS, WITHOUT
INTERRUPTION, REGULARLY AND CONTINUOUSLY PERFORMED THE  FUNCTIONS  OF  A
TITLE  INSURANCE  CLOSER FOR A PERIOD OF AT LEAST FIVE YEARS IMMEDIATELY
PRECEDING THE FILING OF SUCH APPLICATION AND IS COMPETENT AND  TRUSTWOR-
THY TO ACT AS A TITLE INSURANCE CLOSER;
  (2)  APPLICANT  WHO  HAS  PASSED  THE WRITTEN EXAMINATION GIVEN BY THE
SUPERINTENDENT FOR A TITLE INSURANCE CLOSER'S LICENSE AND  WAS  LICENSED
AS SUCH, OR OF AN APPLICANT WHO WAS LICENSED AS A TITLE INSURANCE CLOSER
BUT  DID  NOT  PASS  SUCH AN EXAMINATION, PROVIDED THE APPLICANT APPLIES

S. 6357--A                         93                         A. 8557--A

WITHIN TWO YEARS FOLLOWING THE DATE OF TERMINATION  OF  THE  APPLICANT'S
LICENSE; OR
  (3) APPLICANT SEEKING TO OBTAIN A LICENSE AS A TITLE INSURANCE CLOSER,
WHEN SUCH APPLICANT IS A LICENSED ATTORNEY-AT-LAW IN THIS STATE.
  (G)  THE  SUPERINTENDENT  MAY  REFUSE TO ISSUE TO AN APPLICANT A TITLE
INSURANCE CLOSER'S LICENSE IF, IN  THE  SUPERINTENDENT'S  JUDGMENT,  THE
PROPOSED LICENSEE:
  (1) IS NOT TRUSTWORTHY AND COMPETENT TO ACT AS SUCH CLOSER;
  (2)  HAS  GIVEN  CAUSE  FOR  THE  REVOCATION  OR  SUSPENSION OF SUCH A
LICENSE; OR
  (3) HAS FAILED TO COMPLY WITH ANY PREREQUISITE  FOR  THE  ISSUANCE  OF
SUCH LICENSE.
  (H)  (1) EVERY LICENSE ISSUED TO AN INDIVIDUAL BORN IN AN ODD-NUMBERED
YEAR SHALL EXPIRE ON THE  INDIVIDUAL'S  BIRTHDAY  IN  EACH  ODD-NUMBERED
YEAR.  LICENSES  ISSUED TO INDIVIDUALS BORN IN EVEN-NUMBERED YEARS SHALL
EXPIRE ON THE INDIVIDUAL'S BIRTHDAY IN EACH EVEN-NUMBERED YEAR.    EVERY
SUCH LICENSE MAY BE RENEWED FOR THE ENSUING PERIOD OF TWENTY-FOUR MONTHS
UPON THE FILING OF AN APPLICATION IN CONFORMITY WITH THIS SUBSECTION.
  (2)  THE LICENSE MAY BE ISSUED FOR ALL OF SUCH TWO YEAR TERMS, OR UPON
APPLICATION MADE DURING ANY SUCH TERM, FOR THE BALANCE THEREOF.
  (3) ANY LICENSE SHALL  BE  CONSIDERED  IN  GOOD  STANDING  WITHIN  THE
LICENSE TERM UNLESS:
  (A)  REVOKED OR SUSPENDED BY THE SUPERINTENDENT PURSUANT TO THIS ARTI-
CLE; OR
  (B) IF AT THE EXPIRATION DATE OF THE LICENSE TERM, THE LICENSEE  FAILS
TO FILE A RENEWAL APPLICATION, PROVIDED THE LICENSE WAS IN GOOD STANDING
DURING THE TERM.
  (4)  BEFORE  THE RENEWAL OF ANY TITLE INSURANCE CLOSER'S LICENSE SHALL
BE ISSUED, THE LICENSEE SHALL HAVE:
  (A) FILED A COMPLETED RENEWAL APPLICATION IN SUCH FORM OR  FORMS,  AND
SUPPLEMENTS  THERETO, AND CONTAINING SUCH INFORMATION AS THE SUPERINTEN-
DENT MAY PRESCRIBE; AND
  (B) PAID SUCH FEES AS ARE PRESCRIBED IN THIS SECTION.
  (5) IF AN APPLICATION FOR A RENEWAL LICENSE SHALL HAVE BEEN FILED WITH
THE SUPERINTENDENT BEFORE THE  EXPIRATION  OF  SUCH  LICENSE,  THEN  THE
LICENSE  SOUGHT  TO  BE  RENEWED SHALL CONTINUE IN FULL FORCE AND EFFECT
EITHER UNTIL THE ISSUANCE BY THE SUPERINTENDENT OF THE  RENEWAL  LICENSE
APPLIED  FOR  OR  UNTIL  FIVE  DAYS  AFTER THE SUPERINTENDENT SHALL HAVE
REFUSED TO ISSUE SUCH RENEWAL LICENSE AND SHALL  HAVE  GIVEN  NOTICE  OF
SUCH  REFUSAL  TO  THE  APPLICANT.  BEFORE  REFUSING  TO  RENEW ANY SUCH
LICENSE, EXCEPT ON THE GROUND OF FAILURE TO PASS A WRITTEN  EXAMINATION,
THE  SUPERINTENDENT  SHALL  NOTIFY THE APPLICANT OF THE SUPERINTENDENT'S
INTENTION TO DO SO AND SHALL GIVE THE APPLICANT A HEARING.
  (6) THE SUPERINTENDENT MAY, IN ISSUING  A  RENEWAL  LICENSE,  DISPENSE
WITH THE REQUIREMENTS OF A VERIFIED APPLICATION BY ANY INDIVIDUAL LICEN-
SEE  WHO,  BY  REASON  OF  BEING ENGAGED IN ANY MILITARY SERVICE FOR THE
UNITED STATES, IS UNABLE TO MAKE PERSONAL APPLICATION FOR  SUCH  RENEWAL
LICENSE, UPON THE FILING OF AN APPLICATION ON BEHALF OF SUCH INDIVIDUAL,
IN  SUCH  FORM  AS THE SUPERINTENDENT SHALL PRESCRIBE, BY SOME PERSON OR
PERSONS WHO IN HIS OR HER JUDGMENT HAVE KNOWLEDGE OF THE FACTS  AND  WHO
MAKE  AFFIDAVIT  SHOWING SUCH MILITARY SERVICE AND THE INABILITY OF SUCH
TITLE INSURANCE CLOSER TO MAKE PERSONAL APPLICATION.
  (7) AN INDIVIDUAL LICENSEE  WHO  IS  UNABLE  TO  COMPLY  WITH  LICENSE
RENEWAL  PROCEDURES  DUE  TO  OTHER EXTENUATING CIRCUMSTANCES, SUCH AS A
LONG-TERM MEDICAL DISABILITY, MAY REQUEST A WAIVER OF  SUCH  PROCEDURES,
IN  SUCH  FORM  AS  THE SUPERINTENDENT SHALL PRESCRIBE. THE LICENSEE MAY

S. 6357--A                         94                         A. 8557--A

ALSO REQUEST A WAIVER OF ANY EXAMINATION REQUIREMENT OR ANY  OTHER  FINE
OR SANCTION IMPOSED FOR FAILURE TO COMPLY WITH RENEWAL PROCEDURES.
  (8)  AN  APPLICATION  FOR THE RENEWAL OF A LICENSE SHALL BE FILED WITH
THE SUPERINTENDENT NOT LESS THAN  SIXTY  DAYS  PRIOR  TO  THE  DATE  THE
LICENSE  EXPIRES  OR  THE APPLICANT SHALL BE SUBJECT TO A FURTHER FEE OF
TEN DOLLARS FOR LATE FILING.
  (9) NO LICENSE FEE SHALL BE REQUIRED OF ANY PERSON  WHO  SERVED  AS  A
MEMBER  OF  THE  ARMED  FORCES OF THE UNITED STATES AT ANY TIME, AND WHO
SHALL  HAVE  BEEN  DISCHARGED  THEREFROM  UNDER  CONDITIONS  OTHER  THAN
DISHONORABLE,  IN  A  CURRENT  LICENSING PERIOD FOR THE DURATION OF SUCH
PERIOD.
  (10) THE SUPERINTENDENT MAY ISSUE A REPLACEMENT LICENSE FOR A CURRENT-
LY IN-FORCE LICENSE  THAT  HAS  BEEN  LOST  OR  DESTROYED.  BEFORE  SUCH
REPLACEMENT  LICENSE  SHALL  BE  ISSUED,  THERE  SHALL BE ON FILE IN THE
OFFICE OF THE SUPERINTENDENT A WRITTEN APPLICATION FOR SUCH  REPLACEMENT
LICENSE,  AFFIRMING  UNDER  PENALTY OF PERJURY THAT THE ORIGINAL LICENSE
HAS BEEN LOST OR DESTROYED, TOGETHER WITH A FEE OF FIFTEEN DOLLARS.
  S 19. The insurance law is amended by adding a  new  section  2142  to
read as follows:
  S  2142. TITLE INSURANCE SOLICITORS; LICENSING. (A) THE SUPERINTENDENT
MAY ISSUE A LICENSE  TO  ANY  INDIVIDUAL  THAT  HAS  COMPLIED  WITH  THE
REQUIREMENTS OF THIS CHAPTER, AUTHORIZING THE LICENSEE TO ACT AS A TITLE
INSURANCE  SOLICITOR  FOR  ANY AUTHORIZED TITLE INSURANCE CORPORATION OR
TITLE INSURANCE AGENT.
  (B) EVERY APPLICANT FOR A LICENSE UNDER THIS SECTION SHALL BE EIGHTEEN
YEARS OF AGE OR OLDER AT THE TIME OF THE ISSUANCE OF SUCH LICENSE.
  (C) BEFORE ANY ORIGINAL TITLE INSURANCE SOLICITOR'S LICENSE IS ISSUED,
THERE SHALL BE ON FILE IN THE OFFICE OF THE SUPERINTENDENT  AN  APPLICA-
TION  BY  THE PROSPECTIVE LICENSEE IN SUCH FORM OR FORMS AND SUPPLEMENTS
THERETO, ALONG WITH A FEE IN THE AMOUNT OF FORTY DOLLARS FOR  EACH  YEAR
OR  FRACTION OF A YEAR IN WHICH THE LICENSE SHALL BE VALID, AND CONTAIN-
ING INFORMATION THE SUPERINTENDENT PRESCRIBES.
  (D) THE SUPERINTENDENT SHALL, IN ORDER TO DETERMINE THE COMPETENCY  OF
EVERY  APPLICANT FOR THE TITLE INSURANCE SOLICITOR LICENSE, REQUIRE SUCH
INDIVIDUAL TO SUBMIT TO A PERSONAL WRITTEN EXAMINATION AND TO  PASS  THE
SAME TO THE SATISFACTION OF THE SUPERINTENDENT. THE EXAMINATION SHALL BE
HELD  AT  SUCH TIMES AND PLACES AS THE SUPERINTENDENT SHALL FROM TIME TO
TIME DETERMINE. EVERY INDIVIDUAL APPLYING TO TAKE ANY  WRITTEN  EXAMINA-
TION  SHALL, AT THE TIME OF APPLYING THEREFOR, PAY TO THE SUPERINTENDENT
OR, AT THE DISCRETION OF THE SUPERINTENDENT, DIRECTLY TO  ANY  ORGANIZA-
TION THAT IS UNDER CONTRACT TO PROVIDE EXAMINATION SERVICES, AN EXAMINA-
TION  FEE OF AN AMOUNT THAT IS THE ACTUAL DOCUMENTED ADMINISTRATIVE COST
OF CONDUCTING SAID QUALIFYING EXAMINATION AS  CERTIFIED  BY  THE  SUPER-
INTENDENT  FROM  TIME TO TIME. AN EXAMINATION FEE REPRESENTS AN ADMINIS-
TRATIVE EXPENSE AND SHALL NOT  BE  REFUNDABLE.  THE  SUPERINTENDENT  MAY
ACCEPT,  IN  LIEU  OF  ANY  SUCH EXAMINATION, THE RESULT OF ANY PREVIOUS
WRITTEN EXAMINATION, GIVEN BY THE SUPERINTENDENT, WHICH  IN  THE  SUPER-
INTENDENT'S  JUDGMENT,  IS EQUIVALENT TO THE EXAMINATION FOR WHICH IT IS
SUBSTITUTED.
  (E) EVERY INDIVIDUAL SEEKING TO QUALIFY  TO  OBTAIN  A  LICENSE  UNDER
SUBSECTION  (B)  OF  THIS  SECTION SHALL BE REQUIRED TO PASS THE TYPE OR
TYPES OF EXAMINATION PRESCRIBED BY  THE  SUPERINTENDENT.  AN  INDIVIDUAL
SHALL  NOT  BE DEEMED QUALIFIED TO TAKE THE EXAMINATION UNLESS THE INDI-
VIDUAL HAS SUCCESSFULLY COMPLETED A COURSE OR COURSES,  APPROVED  AS  TO
METHOD  AND  CONTENT BY THE SUPERINTENDENT, COVERING THE TITLE INSURANCE
BUSINESS AND REQUIRING NOT LESS THAN TWENTY HOURS OF CLASSROOM WORK,  IN

S. 6357--A                         95                         A. 8557--A

INSTITUTIONS  OF  LEARNING MEETING THE STANDARDS PRESCRIBED BY PARAGRAPH
ONE OF SUBSECTION (A) OF SECTION TWO THOUSAND ONE HUNDRED FOUR  OF  THIS
ARTICLE.
  (F)  NO  SUCH  WRITTEN EXAMINATION OR PRE-LICENSING EDUCATION SHALL BE
REQUIRED OF ANY:
  (1) INDIVIDUAL WHO FILES AN APPLICATION UNDER THIS SECTION WITHIN  ONE
YEAR AFTER THE EFFECTIVE DATE OF THIS SUBSECTION AND WHO DEMONSTRATES TO
THE  SATISFACTION OF THE SUPERINTENDENT THAT SUCH APPLICANT HAS, WITHOUT
INTERRUPTION, REGULARLY AND CONTINUOUSLY PERFORMED THE  FUNCTIONS  OF  A
TITLE INSURANCE SOLICITOR FOR A PERIOD OF AT LEAST FIVE YEARS IMMEDIATE-
LY  PRECEDING THE FILING OF SUCH APPLICATION AND IS COMPETENT AND TRUST-
WORTHY TO ACT AS A TITLE INSURANCE CLOSER;
  (2) APPLICANT WHO HAS PASSED THE  WRITTEN  EXAMINATION  GIVEN  BY  THE
SUPERINTENDENT  FOR  A  TITLE  INSURANCE  SOLICITOR'S  LICENSE  AND  WAS
LICENSED AS SUCH, OR OF AN APPLICANT WHO WAS LICENSED AS A TITLE  INSUR-
ANCE SOLICITOR BUT DID NOT PASS SUCH AN EXAMINATION, PROVIDED THE APPLI-
CANT  APPLIES  WITHIN TWO YEARS FOLLOWING THE DATE OF TERMINATION OF THE
APPLICANT'S LICENSE; OR
  (3) APPLICANT SEEKING TO OBTAIN A LICENSE AS A TITLE INSURANCE SOLICI-
TOR, WHEN SUCH APPLICANT IS A LICENSED ATTORNEY-AT-LAW IN THIS STATE.
  (G) THE SUPERINTENDENT MAY REFUSE TO ISSUE TO  AN  APPLICANT  A  TITLE
INSURANCE  SOLICITOR'S LICENSE IF, IN THE SUPERINTENDENT'S JUDGMENT, THE
PROPOSED LICENSEE:
  (1) IS NOT TRUSTWORTHY AND COMPETENT TO ACT AS SUCH SOLICITOR;
  (2) HAS GIVEN CAUSE  FOR  THE  REVOCATION  OR  SUSPENSION  OF  SUCH  A
LICENSE; OR
  (3)  HAS  FAILED  TO  COMPLY WITH ANY PREREQUISITE FOR THE ISSUANCE OF
SUCH LICENSE.
  (H) (1) EVERY LICENSE ISSUED TO AN INDIVIDUAL BORN IN AN  ODD-NUMBERED
YEAR  SHALL  EXPIRE  ON  THE  INDIVIDUAL'S BIRTHDAY IN EACH ODD-NUMBERED
YEAR. LICENSES ISSUED TO INDIVIDUALS BORN IN EVEN-NUMBERED  YEARS  SHALL
EXPIRE  ON  THE INDIVIDUAL'S BIRTHDAY IN EACH EVEN-NUMBERED YEAR.  EVERY
SUCH LICENSE MAY BE RENEWED FOR THE ENSUING PERIOD OF TWENTY-FOUR MONTHS
UPON THE FILING OF AN APPLICATION IN CONFORMITY WITH THIS SUBSECTION.
  (2) THE LICENSE MAY BE ISSUED FOR ALL OF SUCH TWO YEAR TERMS, OR  UPON
APPLICATION MADE DURING ANY SUCH TERM, FOR THE BALANCE THEREOF.
  (3)  ANY  LICENSE  SHALL  BE  CONSIDERED  IN  GOOD STANDING WITHIN THE
LICENSE TERM UNLESS:
  (A) REVOKED OR SUSPENDED BY THE SUPERINTENDENT PURSUANT TO THIS  ARTI-
CLE; OR
  (B)  IF AT THE EXPIRATION DATE OF THE LICENSE TERM, THE LICENSEE FAILS
TO FILE A RENEWAL APPLICATION, PROVIDED THE LICENSE WAS IN GOOD STANDING
DURING THE TERM.
  (4) BEFORE THE RENEWAL OF  ANY  TITLE  INSURANCE  SOLICITOR'S  LICENSE
SHALL BE ISSUED, THE LICENSEE SHALL HAVE:
  (A)  FILED  A COMPLETED RENEWAL APPLICATION IN SUCH FORM OR FORMS, AND
SUPPLEMENTS THERETO, AND CONTAINING SUCH INFORMATION AS THE  SUPERINTEN-
DENT MAY PRESCRIBE; AND
  (B) PAID SUCH FEES AS ARE PRESCRIBED IN THIS SECTION.
  (5) IF AN APPLICATION FOR A RENEWAL LICENSE SHALL HAVE BEEN FILED WITH
THE  SUPERINTENDENT  BEFORE  THE  EXPIRATION  OF  SUCH LICENSE, THEN THE
LICENSE SOUGHT TO BE RENEWED SHALL CONTINUE IN  FULL  FORCE  AND  EFFECT
EITHER  UNTIL  THE ISSUANCE BY THE SUPERINTENDENT OF THE RENEWAL LICENSE
APPLIED FOR OR UNTIL FIVE  DAYS  AFTER  THE  SUPERINTENDENT  SHALL  HAVE
REFUSED  TO  ISSUE  SUCH  RENEWAL LICENSE AND SHALL HAVE GIVEN NOTICE OF
SUCH REFUSAL TO  THE  APPLICANT.  BEFORE  REFUSING  TO  RENEW  ANY  SUCH

S. 6357--A                         96                         A. 8557--A

LICENSE,  EXCEPT ON THE GROUND OF FAILURE TO PASS A WRITTEN EXAMINATION,
THE SUPERINTENDENT SHALL NOTIFY THE APPLICANT  OF  THE  SUPERINTENDENT'S
INTENTION TO DO SO AND SHALL GIVE THE APPLICANT A HEARING.
  (6)  THE  SUPERINTENDENT  MAY,  IN ISSUING A RENEWAL LICENSE, DISPENSE
WITH THE REQUIREMENTS OF A VERIFIED APPLICATION BY ANY INDIVIDUAL LICEN-
SEE WHO, BY REASON OF BEING ENGAGED IN  ANY  MILITARY  SERVICE  FOR  THE
UNITED  STATES,  IS UNABLE TO MAKE PERSONAL APPLICATION FOR SUCH RENEWAL
LICENSE, UPON THE FILING OF AN APPLICATION ON BEHALF OF SUCH INDIVIDUAL,
IN SUCH FORM AS THE SUPERINTENDENT SHALL PRESCRIBE, BY  SOME  PERSON  OR
PERSONS  WHO  IN HIS OR HER JUDGMENT HAVE KNOWLEDGE OF THE FACTS AND WHO
MAKE AFFIDAVIT SHOWING SUCH MILITARY SERVICE AND THE INABILITY  OF  SUCH
TITLE INSURANCE SOLICITOR TO MAKE PERSONAL APPLICATION.
  (7)  AN  INDIVIDUAL  LICENSEE  WHO  IS  UNABLE  TO COMPLY WITH LICENSE
RENEWAL PROCEDURES DUE TO OTHER EXTENUATING  CIRCUMSTANCES,  SUCH  AS  A
LONG-TERM  MEDICAL  DISABILITY, MAY REQUEST A WAIVER OF SUCH PROCEDURES,
IN SUCH FORM AS THE SUPERINTENDENT SHALL  PRESCRIBE.  THE  LICENSEE  MAY
ALSO  REQUEST  A WAIVER OF ANY EXAMINATION REQUIREMENT OR ANY OTHER FINE
OR SANCTION IMPOSED FOR FAILURE TO COMPLY WITH RENEWAL PROCEDURES.
  (8) AN APPLICATION FOR THE RENEWAL OF A LICENSE SHALL  BE  FILED  WITH
THE  SUPERINTENDENT  NOT  LESS  THAN  SIXTY  DAYS  PRIOR TO THE DATE THE
LICENSE EXPIRES OR THE APPLICANT SHALL BE SUBJECT TO A  FURTHER  FEE  OF
TEN DOLLARS FOR LATE FILING.
  (9)  NO  LICENSE  FEE  SHALL BE REQUIRED OF ANY PERSON WHO SERVED AS A
MEMBER OF THE ARMED FORCES OF THE UNITED STATES AT  ANY  TIME,  AND  WHO
SHALL  HAVE  BEEN  DISCHARGED  THEREFROM  UNDER  CONDITIONS  OTHER  THAN
DISHONORABLE, IN A CURRENT LICENSING PERIOD FOR  THE  DURATION  OF  SUCH
PERIOD.
  (10) THE SUPERINTENDENT MAY ISSUE A REPLACEMENT LICENSE FOR A CURRENT-
LY  IN-FORCE  LICENSE  THAT  HAS  BEEN  LOST  OR  DESTROYED. BEFORE SUCH
REPLACEMENT LICENSE SHALL BE ISSUED, THERE  SHALL  BE  ON  FILE  IN  THE
OFFICE  OF THE SUPERINTENDENT A WRITTEN APPLICATION FOR SUCH REPLACEMENT
LICENSE, AFFIRMING UNDER PENALTY OF PERJURY THAT  THE  ORIGINAL  LICENSE
HAS BEEN LOST OR DESTROYED, TOGETHER WITH A FEE OF FIFTEEN DOLLARS.
  S 20. Section 2314 of the insurance law is amended to read as follows:
  S  2314.  Charging  of  rates.  No  authorized  insurer  shall, and no
licensed insurance agent, NO TITLE INSURANCE AGENT, no employee or other
representative of an  authorized  insurer,  and  no  licensed  insurance
broker  shall  knowingly,  charge  or demand a rate or receive a premium
[which] THAT departs from  the  rates,  rating  plans,  classifications,
schedules,  rules  and  standards in effect on behalf of the insurer, or
shall issue or make any policy or contract involving a violation  there-
of.
  S  21.  Section  6409 of the insurance law, subsection (c) as added by
chapter 955 of the laws of 1984, is amended to read as follows:
  S 6409. Filing  of  policy  forms;  rates;  classification  of  risks;
commissions  and  rebates  prohibited.  (a) No title insurance policy OR
GUARANTEE OF THE CORRECTNESS OF SEARCHES FORM shall be issued or  deliv-
ered  in  this state, unless [and until a copy of the form thereof shall
have] IT HAS been filed with the superintendent [for his information] IN
ACCORDANCE WITH ARTICLE TWENTY-THREE OF THIS CHAPTER.
  (b) [Every title insurance corporation shall file with the superinten-
dent its rate manual, if any, its basic schedule of  rates  and  classi-
fication  of  risks,  its  rating  plan and rules in connection with the
writing or issuance of policies of title insurance and shall  thereafter
likewise  file any changes therein. After any such filing no such corpo-
ration shall, in connection with the writing or  issuance  of  any  such

S. 6357--A                         97                         A. 8557--A

policy,  deviate from the rates, classifications of risks and rules last
filed by it, either by making any  reduction  in  rates  without  having
filed  the  same as herein provided, or by way of any discriminations in
favor  of  or  against  any  insured.  The superintendent shall have the
powers specified in article twenty-three of this chapter  applicable  to
title insurers.] TITLE INSURANCE RATES AND RATE FILINGS, INCLUDING RATES
FOR GUARANTEES OF THE CORRECTNESS OF SEARCHES, SHALL BE SUBJECT TO ARTI-
CLE TWENTY-THREE OF THIS CHAPTER.
  (c)  Notwithstanding  any other provision of this article, every title
insurance [company] CORPORATION shall [be  required  to]  offer,  at  or
prior to title closing, an optional policy form [which will insure] THAT
INSURES the title of owner-occupied real property used predominantly for
residential  purposes [which] THAT consists of not more than four dwell-
ing units for an amount equal to the market value of the property at the
time a loss is discovered. Such policy form shall  be  filed  with,  AND
APPROVED  BY,  the  superintendent  [pursuant  to subsection (a) of this
section] IN ACCORDANCE WITH ARTICLE TWENTY-THREE OF THIS CHAPTER.  Rates
for  such  coverage  shall be filed AND APPROVED pursuant to [subsection
(b) of this section] ARTICLE TWENTY-THREE OF THIS CHAPTER.
  (d) No title insurance corporation,  TITLE  INSURANCE  AGENT,  or  any
other  person acting for or on behalf of [it] THE TITLE INSURANCE CORPO-
RATION OR TITLE INSURANCE AGENT, shall OFFER OR make, DIRECTLY OR  INDI-
RECTLY, any rebate of any portion of the fee, premium or charge made, or
pay  or  give to any applicant for insurance, or to any person, firm, or
corporation acting as agent, representative, attorney,  or  employee  of
the  owner, lessee, mortgagee or the prospective owner, lessee, or mort-
gagee or the prospective owner, lessee, or mortgagee of the real proper-
ty or any interest therein, either directly or indirectly,  any  commis-
sion,  any  part  of  its fees or charges, or any other consideration or
valuable thing, as an inducement for, or as compensation for, any  title
insurance  business,  NOR  SHALL  ANY  APPLICANT  FOR  INSURANCE, OR ANY
PERSON, FIRM, OR CORPORATION ACTING AS AGENT, REPRESENTATIVE,  ATTORNEY,
OR  EMPLOYEE  OF  THE OWNER, LESSEE, MORTGAGEE OR THE PROSPECTIVE OWNER,
LESSEE, OR MORTGAGEE OF THE REAL PROPERTY OR ANYONE HAVING ANY  INTEREST
IN  REAL  PROPERTY  KNOWINGLY  RECEIVE, DIRECTLY OR INDIRECTLY, ANY SUCH
REBATE OR OTHER CONSIDERATION OR VALUABLE THING.  Any person  or  entity
who  [accepts  or  receives  such  a commission or rebate] VIOLATES THIS
SECTION shall be subject to a penalty equal to the greater of [one] FIVE
thousand dollars or five times the amount [thereof] OF ANY  COMPENSATION
OR REBATE RECEIVED OR PAID.
  (e)  Premium  rates  for  coverage  shall  fully reflect the foregoing
prohibitions of subsection (d) [hereof] OF THIS SECTION.
  S 22. This act shall take effect on  the  one  hundred  eightieth  day
after  it  shall  have  become  a law, provided, however, that effective
immediately:
  (1) the addition, amendment, or  repeal  of  any  rule  or  regulation
necessary  for  the  implementation of this act on its effective date is
authorized and directed to be made  and  completed  on  or  before  such
effective date;
  (2) the superintendent of financial services shall promulgate applica-
tion forms for persons, firms, associations, and corporations seeking to
obtain  a  license as a title insurance agent, or individuals seeking to
obtain a license as a title insurance closer or title insurance  solici-
tor; and
  (3)  each  person,  firm, association, or corporation who has filed an
application for a license as a title insurance agent, or every  individ-

S. 6357--A                         98                         A. 8557--A

ual  who  has  filed  an  application for a license as a title insurance
closer or title insurance solicitor on or  before  January  1,  2015  or
within  90  days  after  the  superintendent  of  financial services has
promulgated  application  forms  pursuant to this act, whichever date is
later, may act as such licensee without a  license  issued  pursuant  to
section  2140,  2141, or 2142 of the insurance law, as added by sections
seventeen, eighteen, and nineteen of this act, until the  superintendent
of  financial services has made a final determination on the application
for such license filed by such  person,  firm,  association,  or  corpo-
ration.

                                 PART W

  Section  1.  Section  2  of part BB of chapter 58 of the laws of 2012,
amending the public authorities law relating to authorizing the dormito-
ry authority to enter into certain design  and  construction  management
agreements,  as amended by section 1 of part I of chapter 58 of the laws
of 2013, is amended to read as follows:
  S 2. This act shall take effect immediately and shall  expire  and  be
deemed repealed April 1, [2014] 2015.
  S  2.  Within 90 days of the effective date of this act, the dormitory
authority of the state of New York  shall  provide  a  report  providing
information  regarding  any  project undertaken pursuant to a design and
construction management agreement, as authorized by part BB  of  chapter
58  of the laws of 2012, between the dormitory authority of the state of
New York and the department of  environmental  conservation  and/or  the
office  of  parks, recreation and historic preservation to the governor,
the temporary president of the senate and speaker of the assembly.  Such
report  shall  include  but not be limited to a description of each such
project, the project identification number  of  each  such  project,  if
applicable, the projected date of completion, the status of the project,
the total cost or projected cost of each such project, and the location,
including  the  names  of  any county, town, village or city, where each
such project is located or proposed. In addition, such a report shall be
provided to the aforementioned parties by the first day of March of each
year that the authority to enter into such agreements pursuant  to  part
BB of chapter 58 of the laws of 2012 is in effect.
  S  3.  This  act  shall take effect immediately and shall be deemed to
have been in effect on and after April 1, 2014.

                                 PART X

  Section 1. Section 2 of chapter 584 of the laws of 2011, amending  the
public authorities law relating to the powers and duties of the dormito-
ry  authority  of the state of New York relative to the establishment of
subsidiaries for certain purposes, as amended by section 28 of part D of
chapter 56 of the laws of 2012, is amended to read as follows:
  S 2. This act shall take effect immediately and shall  expire  and  be
deemed repealed on July 1, [2014] 2016; provided however, that the expi-
ration  of  this  act  shall  not  impair or otherwise affect any of the
powers, duties, responsibilities, functions, rights  or  liabilities  of
any  subsidiary  duly  created  pursuant  to  subdivision twenty-five of
section 1678 of the public authorities law prior to such expiration.
  S 2. This act shall take effect immediately.

                                 PART Y

S. 6357--A                         99                         A. 8557--A

  Section 1. Section 2976-a of the public authorities law is REPEALED.
  S 2. Section 2868 of the public health law, as amended by section 43-a
of  part  B  of  chapter  58  of the laws of 2008, is amended to read as
follows:
  S 2868. Fees and charges. The commissioner may by regulation establish
and charge to any nursing home company, for the period of occupancy date
to mortgage discharge, a fee for inspection, regulation, supervision and
audit not to annually exceed two-tenths of one percent of  the  mortgage
loan  to recover the departmental costs in performing these functions IN
RELATION TO ANY NURSING HOME PROJECT FINANCED OR REFINANCED  BY  A  LOAN
MADE  UNDER  THIS  ARTICLE  PRIOR TO APRIL FIRST, TWO THOUSAND FOURTEEN.
NOTWITHSTANDING THE FOREGOING, NO SUCH FEE SHALL BE CHARGED  OR  PAYABLE
PURSUANT TO THIS SECTION WITH RESPECT TO A NURSING HOME PROJECT FINANCED
OR  REFINANCED  WITH  BONDS ISSUED ON OR AFTER APRIL FIRST, TWO THOUSAND
FOURTEEN.
  S 3. Section 2881 of the public health law, as amended by section 43-b
of part B of chapter 58 of the laws of  2008,  is  amended  to  read  as
follows:
  S  2881. Fees and charges. The commissioner may, by regulation, estab-
lish and charge to eligible borrowers, for  the  period  from  occupancy
date  to  mortgage  discharge,  a fee for inspection, regulation, super-
vision and audit not to annually exceed two-tenths of one percent of the
mortgage loan to recover the  departmental  costs  in  performing  these
functions  IN RELATION TO ANY HOSPITAL PROJECT FINANCED OR REFINANCED BY
A LOAN MADE UNDER THIS ARTICLE PRIOR TO APRIL FIRST, TWO THOUSAND  FOUR-
TEEN.    NOTWITHSTANDING  THE FOREGOING, NO SUCH FEE SHALL BE CHARGED OR
PAYABLE PURSUANT TO THIS SECTION WITH  RESPECT  TO  A  HOSPITAL  PROJECT
FINANCED  OR  REFINANCED  WITH BONDS ISSUED ON OR AFTER APRIL FIRST, TWO
THOUSAND FOURTEEN.
  S 4. This act shall take effect immediately.

                                 PART Z

  Section 1. Subdivision 3 of section 16-m of section 1 of  chapter  174
of  the  laws  of 1968 constituting the New York state urban development
corporation act, as amended by chapter  81  of  the  laws  of  2013,  is
amended to read as follows:
  3.  The  provisions  of this section shall expire, notwithstanding any
inconsistent provision of subdivision 4 of section 469 of chapter 309 of
the laws of 1996 or of any other law, on July 1, [2014] 2015.
  S 2. This act shall take effect immediately and  shall  be  deemed  to
have been in full force and effect on and after July 1, 2014.

                                 PART AA

  Section  1. Section 2 of chapter 393 of the laws of 1994, amending the
New York state urban development corporation act, relating to the powers
of the New York state urban development corporation to  make  loans,  as
amended  by  section  1  of part H of chapter 58 of the laws of 2013, is
amended to read as follows:
  S 2. This act shall take effect immediately  provided,  however,  that
section  one  of  this act shall expire on July 1, [2014] 2015, at which
time the provisions of subdivision 26 of section 5 of the New York state
urban development corporation act shall be  deemed  repealed;  provided,
however,  that neither the expiration nor the repeal of such subdivision
as provided for herein shall be deemed to affect or impair in any manner

S. 6357--A                         100                        A. 8557--A

any loan made pursuant to the authority of  such  subdivision  prior  to
such expiration and repeal.
  S  2.  This  act  shall take effect immediately and shall be deemed to
have been in full force and effect on and after April 1, 2014.
  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 AA of this act shall be
as specifically set forth in the last section of such Parts.

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

    S. 6357--B                                            A. 8557--B

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

                            January 21, 2014
                               ___________

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

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

AN ACT to amend the highway law and to amend chapter 329 of the laws  of
  1991,  amending  the  state finance law and other laws relating to the
  establishment of the dedicated  highway  and  bridge  trust  fund,  in
  relation  to  the  consolidated  local  street and highway improvement
  program (CHIPS), suburban highway improvement program (SHIPS),  multi-
  modal  and  Marchiselli  programs; and to repeal certain provisions of
  chapter 329 of the laws of 1991 relating thereto (Part  A);  to  amend
  part  F  of chapter 56 of the laws of 2011 permitting authorized state
  entities  to  utilize  the  design-build  method  for   infrastructure
  projects,  in  relation to utilizing labor agreements, and in relation
  to the effectiveness thereof (Part B); to amend part U1 of chapter  62
  of  the  laws  of  2003 amending the vehicle and traffic law and other
  laws relating to increasing certain motor vehicle transaction fees, in
  relation to the effectiveness thereof; to amend chapter 84 of the laws
  of 2002, amending the state finance law relating to the costs  of  the
  department  of  motor vehicles, in relation to permanently authorizing
  payment of department of motor vehicle costs from the dedicated  high-
  way  and  bridge  trust  fund;  to  amend  the  transportation law, in
  relation to disposition of revenues; to  amend  the  highway  law,  in
  relation  to  disposition  of  fees charged in connection with outdoor
  advertising on highways; and  to  amend  the  state  finance  law,  in
  relation to the dedication of revenues and the costs of rail and truck
  regulation (Part C); to amend chapter 58 of the laws of 2013, relating
  to  the  hours  of  operation  of the department of motor vehicles and

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

                      [ ] is old law to be omitted.
                                                           LBD12673-03-4

S. 6357--B                          2                         A. 8557--B

  providing for the repeal of such provisions upon  expiration  thereof,
  in  relation to the effectiveness thereof (Part D); to amend the vehi-
  cle and traffic law and the state finance  law,  in  relation  to  the
  authorization of the department of motor vehicles to provide the acci-
  dent  prevention  course internet program; to amend chapter 751 of the
  laws of 2005, amending the insurance law and the vehicle  and  traffic
  law,  relating to establishing the accident prevention course internet
  technology pilot program, in relation to  the  effectiveness  thereof;
  and to repeal certain provisions of the vehicle and traffic law relat-
  ing  thereto  (Part  E);  to  amend  the  vehicle  and traffic law, in
  relation to complying with federal requirements  relating  to  medical
  certifications  of  commercial  driver's  license holders (Part F); to
  amend the public authorities law, in relation to toll collection regu-
  lations; to amend the public officers law, in relation  to  electronic
  toll  collection  data;  to  amend  the  vehicle  and  traffic law, in
  relation  to  liability  of  vehicle  owners   for   toll   collection
  violations;  to amend the penal law, in relation to theft of services;
  and to amend chapter 774 of the laws of  1950,  relating  to  agreeing
  with  the  state  of  New Jersey with respect to rules and regulations
  governing traffic on vehicular crossings operated by the port  of  New
  York  authority,  in  relation to tolls and other charges (Part G); to
  amend chapter 67 of the  laws  of  1992,  amending  the  environmental
  conservation law relating to pesticide product registration timetables
  and  fees, in relation to the effective date thereof; and to amend the
  environmental conservation law, in relation to pesticide  registration
  fees  and  reporting (Part H); to amend the environmental conservation
  law, the penal law, the vehicle and traffic law and the general  obli-
  gations  law,  in  relation to authorizing crossbow hunting, landowner
  liability, printing contracts for hunting and fishing guides, issuance
  of distinctive "I love New York" plates, fees and general  powers  and
  duties  of the department of environmental conservation; and to repeal
  subdivisions 11 and 16 of section 11-0901 of the environmental conser-
  vation law relating thereto (Part I); to  amend  the  agriculture  and
  markets  law, in relation to granting, suspending or revoking licenses
  for food processing establishments (Part J); to authorize the New York
  state energy research and development authority to finance  a  portion
  of its research, development and demonstration and policy and planning
  programs  from  assessments on gas and electric corporations (Part K);
  to authorize and direct the New York state energy research and  devel-
  opment  authority  to  make  a  payment  to  the general fund of up to
  $913,000 (Part L); to amend the agriculture and markets  law  and  the
  public  authorities  law,  in  relation  to  requiring  power transfer
  switches on gas stations located within one half mile from a strategic
  upstate highway (Part M); to amend chapter 21 of  the  laws  of  2003,
  amending  the  executive  law  relating to permitting the secretary of
  state to provide special handling for all documents filed or issued by
  the division of corporations and to permit additional levels  of  such
  expedited service, in relation to extending the expiration date there-
  of  (Part  N);  to amend the business corporation law and the not-for-
  profit corporation law, in relation to the  transmission  of  incorpo-
  ration  certificates to county clerks (Part O); to amend the executive
  law, in relation to the national registry fee (Part P);  to  authorize
  the  department  of health to finance certain activities with revenues
  generated from an assessment on cable television companies  (Part  Q);
  to  amend  the  public  service  law,  in  relation to authorizing the
  department of public service to increase program efficiencies; and  to

S. 6357--B                          3                         A. 8557--B

  repeal  certain  provisions of the public service law relating thereto
  (Part R); to amend the public service law, in relation to  the  tempo-
  rary  state  energy  and utility service conservation assessment (Part
  S);  to amend the insurance law, in relation to unauthorized providers
  of health services and the examination of providers of health services
  (Part T); to amend the insurance law, the public health  law  and  the
  financial  services  law,  in  relation to establishing protections to
  prevent surprise medical bills  including  network  adequacy  require-
  ments,  claim  submission  requirements, access to out-of-network care
  and prohibition of excessive emergency charges (Part U); to amend  the
  insurance  law, in relation to licensing title insurance agents, clos-
  ers and solicitors; grants the superintendent  of  financial  services
  the  authority to require title insurance agents, closers, and solici-
  tor applicants to submit to  fingerprinting;  and  to  repeal  certain
  provisions  of such law relating thereto (Part V); to amend chapter 58
  of the laws of 2012 amending the public authorities  law  relating  to
  authorizing  the  dormitory authority to enter into certain design and
  construction management agreements, in relation to  extending  certain
  authority  of  the  dormitory authority of the state of New York (Part
  W); to amend chapter 584 of the laws  of  2011,  amending  the  public
  authorities  law  relating  to  the powers and duties of the dormitory
  authority of the state of New York relative to  the  establishment  of
  subsidiaries  for  certain  purposes, in relation to the effectiveness
  thereof (Part X); to amend the public health law, in relation to  fees
  in  connection  with  certain  health care facility financings; and to
  repeal section 2976-a of the public authorities law  relating  thereto
  (Part  Y);  to  amend the New York state urban development corporation
  act, in relation to  extending  certain  provisions  relating  to  the
  empire  state economic development fund (Part Z); and to amend chapter
  393 of the laws of 1994, amending the New York state urban development
  corporation act, relating to the powers of the New  York  state  urban
  development  corporation  to make loans, in relation to the effective-
  ness thereof (Part AA)

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

  Section  1.  This  act enacts into law major components of legislation
which are necessary to implement the state fiscal plan for the 2014-2015
state fiscal year. Each component is  wholly  contained  within  a  Part
identified as Parts A through AA. The effective date for each particular
provision contained within such Part is set forth in the last section of
such Part. Any provision in any section contained within a Part, includ-
ing the effective date of the Part, which makes a reference to a section
"of  this  act", when used in connection with that particular component,
shall be deemed to mean and refer to the corresponding  section  of  the
Part  in  which  it  is  found. Section three of this act sets forth the
general effective date of this act.

                                 PART A

  Section 1. Subdivision (d) of section 11 of chapter 329 of the laws of
1991 amending the state finance law  and  other  laws  relating  to  the
establishment of the dedicated highway and bridge trust fund, as amended

S. 6357--B                          4                         A. 8557--B

by  section 4 of part A of chapter 58 of the laws of 2012, is amended to
read as follows:
  (d) Any such service contract (i) shall provide that the obligation of
the  director  of  the budget or the state to fund or to pay the amounts
therein provided for shall not constitute a debt of the state within the
meaning of any constitutional or statutory provisions in the  event  the
thruway  authority assigns or pledges service contract payments as secu-
rity for its bonds or notes, (ii) shall be deemed executory only to  the
extent moneys are available and SHALL PROVIDE that no liability shall be
incurred  by  the state beyond the moneys available for the purpose, and
that such obligation is subject to annual appropriation by the  legisla-
ture, and (iii) shall provide that no funds shall be made available from
the  proceeds  of  bonds or notes issued pursuant to this chapter unless
the commissioner of transportation has certified to the [chairman of the
thruway authority] DIRECTOR OF THE BUDGET that such funds shall be  used
exclusively  for  the  purposes  authorized  by  subdivision (a) of this
section, and/or construction, reconstruction  or  improvement  of  local
highways,  bridges and/or highway-railroad crossings, including right of
way acquisition, preliminary engineering, and  construction  supervision
and  inspection,  where  the service life of the project is at least ten
years or where the project is:   (1) microsurfacing,  (2)  paver  placed
surface  treatment,  (3)  single course surface treatment involving chip
seals and oil and stone and (4) double course surface treatment  involv-
ing chip seals and oil and stone, and unless [the director of the budget
has  certified to the chairman of the thruway authority that] a spending
plan has been submitted by the commissioner of  transportation  and  has
been approved by the director of the budget.
  S 2. Subdivision (g) of section 15 of chapter 329 of the laws of 1991,
as  added  by section 9 of chapter 330 of the laws of 1991, is REPEALED,
and subdivision (f) of section 15 of chapter 329 of the  laws  of  1991,
amending the state finance law and other laws relating to the establish-
ment of the dedicated highway and bridge trust fund, as added by section
9 of chapter 330 of the laws of 1991, is amended to read as follows:
  (f)  The commissioner of transportation shall certify to the [New York
state thruway authority] DIRECTOR OF  THE  BUDGET  AND  THE  COMPTROLLER
amounts  eligible for repayments as specified herein. Such certification
shall include any such information as may be necessary to  maintain  the
federal tax exempt status of bonds, notes or other obligations issued by
the  New  York  state  thruway  authority pursuant to section 380 of the
public authorities law.
  S 3. Subdivision 1 of section 80-b of the highway law, as  amended  by
chapter 161 of the laws of 2008, is amended to read as follows:
  1.  In  connection  with  the undertaking of any project for which the
commissioner is authorized to  use  moneys  of  the  federal  government
pursuant  to  the provisions of subdivision thirty-four-a of section ten
and section eighty of this chapter to assure the effective discharge  of
state responsibilities with respect to regional transportation needs, on
highways, roads, streets, bicycle paths or pedestrian paths that are not
on  the state highway system, the commissioner shall submit such project
to the governing body or bodies of the affected municipality or  munici-
palities  together  with  estimates  of  costs  thereof. If such project
includes a municipal project, as that term is defined in accordance with
article thirteen of the transportation law,  the  state  share  of  such
municipal  project  shall  also  be included. If such project includes a
project affecting a highway, road, street, bicycle  path  or  pedestrian
path  not on the state highway system, the state share shall be equal to

S. 6357--B                          5                         A. 8557--B

eighty percent of the difference between the total project cost and  the
federal assistance, provided, however, the commissioner may increase the
state  share to an amount equal to one hundred percent of the difference
between  the  total  project  cost  and  the federal assistance where he
determines that the need for  the  project  results  substantially  from
actions undertaken pursuant to section ten of this chapter.  [Except for
individual  projects  where  the  non-federal share of a federally aided
municipal project is less than five thousand dollars, no state or  local
shares  of municipal streets and highways projects shall be payable from
the non-fiduciary funds of the capital projects budget  of  the  depart-
ment.] No such project shall proceed without the approval of the govern-
ing  body of a municipality. Such governing body may request the commis-
sioner to undertake the provision of such project. If  the  commissioner
agrees  to  such  undertaking  he  shall notify the local governing body
which shall appropriate sufficient moneys to pay the estimated amount of
the municipal share. Such moneys shall be deposited with the state comp-
troller who is authorized  to  receive  and  accept  the  same  for  the
purposes  of  such  project,  subject to the draft or requisition of the
commissioner. When the work of such  project  has  been  completed,  the
commissioner  shall render to the governing body of such municipality an
itemized statement showing in full (a) the amount of money that has been
deposited by such municipality with the state comptroller  as  hereinbe-
fore  provided,  and (b) all disbursements made pursuant to this section
for such project. Any surplus moneys shall be paid to such  municipality
on  the  warrant of the comptroller on vouchers therefor approved by the
commissioner. When the work of such project has been completed and it is
determined by the commissioner that the amount of the cost to  be  borne
by the municipality is in excess of the amount deposited by such munici-
pality  with  the  state comptroller, the commissioner shall then notify
the municipality of the deficiency of funds. The municipality shall then
within ninety days of the receipt of such notice, pay such amount to the
state comptroller. For purposes of this section, the term "municipality"
shall include a city, county, town, village or two or more of the  fore-
going acting jointly.
  S 4. Subdivision (e) of section 16 of chapter 329 of the laws of 1991,
amending the state finance law and other laws relating to the establish-
ment of a dedicated highway and bridge trust fund, as added by section 9
of chapter 330 of the laws of 1991, is REPEALED.
  S  5.  Subdivision  (e)  of section 16-a of chapter 329 of the laws of
1991, amending the state finance law and  other  laws  relating  to  the
establishment  of a dedicated highway and bridge trust fund, as added by
section 9 of chapter 330 of the laws of 1991, is REPEALED.
  S 6. Paragraph (a) of subdivision 5 of section  10-f  of  the  highway
law,  as added by chapter 725 of the laws of 1993, is amended to read as
follows:
  (a) Funding of municipal projects will be made  upon  the  application
for  funding of prior expenditures in a format prescribed by the commis-
sioner. [Funding of qualifying municipal project expenditures  shall  be
made  from  the  proceeds  of  bonds,  notes or other obligations issued
pursuant to section three hundred eighty of the public authorities law.]
Such funding of state projects may be pursuant to agreements between the
commissioner and the New York state thruway authority and  may  be  from
the  proceeds  of  bonds,  notes or other obligations issued pursuant to
section three hundred eighty-five of the public authorities law.

S. 6357--B                          6                         A. 8557--B

  S 7. Paragraph (a) of subdivision 5 of section  10-g  of  the  highway
law,  as added by chapter 725 of the laws of 1993, is amended to read as
follows:
  (a)  Funding  of  municipal projects will be made upon the application
for funding of prior expenditures in a format prescribed by the  commis-
sioner.  [Funding  of qualifying municipal project expenditures shall be
made from the proceeds of  bonds,  notes  or  other  obligations  issued
pursuant to section three hundred eighty of the public authorities law.]
Such funding of state projects may be pursuant to agreements between the
commissioner  and  the  New York state thruway authority and may be from
the proceeds of bonds, notes or other  obligations  issued  pursuant  to
section three hundred eighty-five of the public authorities law.
  S 8. This act shall take effect immediately.

                                 PART B

  Section  1.  Sections  8 and 17 of part F of chapter 56 of the laws of
2011 permitting authorized state entities to  utilize  the  design-build
method for infrastructure projects are amended to read as follows:
  S  8.  If  otherwise  applicable,  capital  projects undertaken by the
authorized state entity pursuant to this act shall be subject to section
135 of the state finance law and section 222 of the labor law.  FOR  ALL
CAPITAL  PROJECTS  USING  A  DESIGN-BUILD CONTRACT THAT ARE ESTIMATED TO
COST IN EXCESS OF $10  MILLION,  A  PROJECT  LABOR  AGREEMENT  SHALL  BE
INCLUDED  IN  THE  REQUEST FOR PROPOSALS FOR THE CAPITAL PROJECT UNLESS,
BASED UPON A FEASIBILITY STUDY EXAMINING THE POTENTIAL COST  SAVING  AND
EFFICIENCIES  OF  A PROJECT LABOR AGREEMENT, THE AUTHORIZED STATE ENTITY
CANNOT DETERMINE THAT A PROJECT LABOR AGREEMENT WOULD  RESULT  IN  LABOR
COST SAVINGS OF AT LEAST FIVE PERCENT AND THAT ITS INTEREST IN OBTAINING
THE BEST WORK AT THE LOWEST POSSIBLE PRICE, PREVENTING FAVORITISM, FRAUD
AND  CORRUPTION,  AND OTHER CONSIDERATIONS, SUCH AS THE IMPACT OF DELAY,
AND ANY HISTORY OF LABOR UNREST, ARE BEST MET  BY  REQUIRING  A  PROJECT
LABOR  AGREEMENT. FOR ALL CAPITAL PROJECTS USING A DESIGN-BUILD CONTRACT
THAT ARE ESTIMATED TO COST $10 MILLION OR LESS, A PROJECT  LABOR  AGREE-
MENT FEASIBILITY STUDY MAY BE CONSIDERED BUT IS NOT REQUIRED.
  S  17.  This act shall take effect immediately and shall expire and be
deemed repealed [3] 6 years after such  date,  provided  that,  projects
with  requests  for  qualifications issued prior to such repeal shall be
permitted to continue under this act notwithstanding such repeal.
  S 2. This act shall take effect immediately.

                                 PART C

  Section 1.  Section 13 of part U1 of chapter 62 of the  laws  of  2003
amending the vehicle and traffic law and other laws relating to increas-
ing  certain  motor vehicle transaction fees, as amended by section 2 of
part B of chapter 58 of the laws of 2013, is amended to read as follows:
  S 13. This act shall take effect immediately;  provided  however  that
sections  one through seven of this act, the amendments to subdivision 2
of section 205 of the tax law made by section eight  of  this  act,  and
section  nine  of this act shall expire and be deemed repealed on [March
31] APRIL 1, 2015; provided further, however,  that  the  amendments  to
subdivision  3  of  section  205 of the tax law made by section eight of
this act shall expire and be deemed repealed on March 31, 2018; provided
further, however, that the provisions of  section  eleven  of  this  act

S. 6357--B                          7                         A. 8557--B

shall  take effect April 1, 2004 and shall expire and be deemed repealed
on [March 31] APRIL 1, 2015.
  S  2.  Section 2 of part B of chapter 84 of the laws of 2002, amending
the state finance law relating to the costs of the department  of  motor
vehicles, as amended by section 1 of part E of chapter 59 of the laws of
2009, is amended to read as follows:
  S  2.  This act shall take effect April 1, 2002; provided, however, if
this act shall become a law after such date it shall take  effect  imme-
diately and shall be deemed to have been in full force and effect on and
after  April  1,  2002;  provided  further, however, that this act shall
expire and be deemed repealed on [March 31] APRIL 1, 2015.
  S 3. Subdivision 4 of section 94 of the transportation law, as amended
by section 1 of part D of chapter 101 of the laws of 2001, is amended to
read as follows:
  4. All fees charged and collected by the commissioner hereunder  shall
be deposited [to the miscellaneous special revenue fund - transportation
regulation  account for the purposes established in this section] BY THE
COMPTROLLER INTO THE SPECIAL OBLIGATION RESERVE AND PAYMENT  ACCOUNT  OF
THE  DEDICATED  HIGHWAY  AND  BRIDGE  TRUST FUND ESTABLISHED PURSUANT TO
SECTION EIGHTY-NINE-B OF THE STATE FINANCE LAW.
  S 4. Subdivision 4 of section 135 of the transportation law, as  added
by chapter 166 of the laws of 1991, is amended to read as follows:
  4.  All revenues collected pursuant to this section shall be deposited
[to the  miscellaneous  special  revenue  fund--rail  safety  inspection
account]  BY  THE  COMPTROLLER  INTO  THE SPECIAL OBLIGATION RESERVE AND
PAYMENT ACCOUNT OF THE DEDICATED HIGHWAY AND BRIDGE  TRUST  FUND  ESTAB-
LISHED  PURSUANT  TO  SECTION EIGHTY-NINE-B OF THE STATE FINANCE LAW for
the purposes established in this section.  Fees will be based on  reven-
ues  from the preceding calendar year and shall be assessed on or before
July first and are payable by September first of each year. On or before
January first of each year following assessment of fees pursuant to this
section, the commissioner shall report to the railroad companies  annual
costs associated with this assessment.
  S  5. Subdivision 5 of section 144 of the transportation law, as added
by chapter 635 of the laws of 1983, is amended to read as follows:
  5. For furnishing a certification of any  paper,  record  or  official
document,  one  dollar. No fees shall be charged or collected for copies
of papers, records or official documents, furnished to  public  officers
for  use  in  their  official capacity, or for the annual reports of the
commissioner in the ordinary course of distribution, but the commission-
er may fix reasonable charges for copies of  papers,  records,  official
documents  and  other  publications  furnished or issued to others under
this authority. All fees  charged  and  collected  by  the  commissioner
[shall  belong  to  the  people  of the state and shall be paid monthly,
accompanied by a detailed statement thereof, into the  treasury  of  the
state  to the credit of the general fund] PURSUANT TO THIS SECTION SHALL
BE DEPOSITED BY THE COMPTROLLER INTO THE SPECIAL OBLIGATION RESERVE  AND
PAYMENT  ACCOUNT  OF  THE DEDICATED HIGHWAY AND BRIDGE TRUST FUND ESTAB-
LISHED PURSUANT TO SECTION EIGHTY-NINE-B OF THE STATE FINANCE LAW.
  S 6. Section 145 of the transportation law is amended by adding a  new
subdivision 8 to read as follows:
  8. ALL PENALTIES CHARGED AND COLLECTED BY THE COMMISSIONER PURSUANT TO
THIS  SECTION  SHALL  BE  DEPOSITED  BY THE COMPTROLLER INTO THE SPECIAL
OBLIGATION RESERVE AND PAYMENT ACCOUNT  OF  THE  DEDICATED  HIGHWAY  AND
BRIDGE  TRUST  FUND  ESTABLISHED PURSUANT TO SECTION EIGHT-NINE-B OF THE
STATE FINANCE LAW.

S. 6357--B                          8                         A. 8557--B

  S 7. Section 88 of the highway law is amended by adding a new subdivi-
sion 13 to read as follows:
  13.  ALL  FEES  COLLECTED BY THE COMMISSIONER PURSUANT TO THIS SECTION
SHALL BE DEPOSITED  BY  THE  COMPTROLLER  INTO  THE  SPECIAL  OBLIGATION
RESERVE  AND  PAYMENT  ACCOUNT OF THE DEDICATED HIGHWAY AND BRIDGE TRUST
FUND ESTABLISHED PURSUANT TO SECTION EIGHTY-NINE-B OF THE STATE  FINANCE
LAW.
  S  8.  Paragraph  (a)  of  subdivision  3 of section 89-b of the state
finance law, as amended by section 2 of part B of chapter 58 of the laws
of 2012, is amended to read as follows:
  (a) The special obligation reserve and payment account  shall  consist
(i)  of all moneys required to be deposited in the dedicated highway and
bridge trust fund pursuant to the provisions  of  sections  two  hundred
five,  two  hundred  eighty-nine-e,  three  hundred  one-j, five hundred
fifteen and eleven hundred sixty-seven of  the  tax  law,  section  four
hundred  one  of  the vehicle and traffic law, and section thirty-one of
chapter fifty-six of the laws of nineteen hundred ninety-three, (ii) all
fees, fines or penalties collected by the commissioner of transportation
pursuant to section fifty-two, section three  hundred  twenty-six,  [and
subdivisions  five,  eight  and  twelve  of] section eighty-eight of the
highway law, subdivision fifteen of section three hundred eighty-five of
the vehicle and traffic law, section two of the chapter of the  laws  of
two  thousand  three  that  amended  this  paragraph, subdivision (d) of
section three hundred four-a,  paragraph  one  of  subdivision  (a)  and
subdivision  (d)  of  section  three  hundred five, subdivision six-a of
section four hundred fifteen and subdivision (g) of  section  twenty-one
hundred  twenty-five  of the vehicle and traffic law, section fifteen of
this chapter, excepting moneys deposited with the state  on  account  of
betterments  performed  pursuant to subdivision twenty-seven or subdivi-
sion thirty-five of section ten of the highway law, AND  SECTIONS  NINE-
TY-FOUR, ONE HUNDRED THIRTY-FIVE, ONE HUNDRED FORTY-FOUR AND ONE HUNDRED
FORTY-FIVE  OF THE TRANSPORTATION LAW, (iii) any moneys collected by the
department of transportation for services provided  pursuant  to  agree-
ments  entered  into  in  accordance  with  section ninety-nine-r of the
general municipal law, and (iv) any other moneys collected  therefor  or
credited or transferred thereto from any other fund, account or source.
  S  9.  Paragraph  (a)  of  subdivision  3 of section 89-b of the state
finance law, as amended by section 3 of part B of chapter 58 of the laws
of 2012, is amended to read as follows:
  (a) The special obligation reserve and payment account  shall  consist
(i)  of all moneys required to be deposited in the dedicated highway and
bridge trust fund pursuant to the provisions  of  sections  two  hundred
eighty-nine-e,  three  hundred  one-j,  five  hundred fifteen and eleven
hundred sixty-seven of the tax law, section  four  hundred  one  of  the
vehicle  and traffic law, and section thirty-one of chapter fifty-six of
the laws of nineteen hundred  ninety-three,  (ii)  all  fees,  fines  or
penalties  collected  by  the commissioner of transportation pursuant to
section fifty-two, section three hundred twenty-six,  [and  subdivisions
five,  eight  and  twelve  of]  section eighty-eight of the highway law,
subdivision fifteen of section three hundred eighty-five of the  vehicle
and  traffic  law,  section  fifteen  of  this chapter, excepting moneys
deposited with the state on account of betterments performed pursuant to
subdivision twenty-seven or subdivision thirty-five of  section  ten  of
the  highway law, AND SECTIONS NINETY-FOUR, ONE HUNDRED THIRTY-FIVE, ONE
HUNDRED FORTY-FOUR AND ONE HUNDRED FORTY-FIVE OF THE TRANSPORTATION  LAW
(iii)  any  moneys  collected  by  the  department of transportation for

S. 6357--B                          9                         A. 8557--B

services provided pursuant to agreements entered into in accordance with
section ninety-nine-r of the general municipal law, and (iv)  any  other
moneys  collected  therefor  or credited or transferred thereto from any
other fund, account or source.
  S  10.  Paragraph  a  of  subdivision  5  of section 89-b of the state
finance law, as amended by section 60 of part HH of chapter  57  of  the
laws of 2013, is amended to read as follows:
  a.  Moneys  in  the  dedicated  highway  and  bridge trust fund shall,
following appropriation by the legislature, be  utilized  for:    recon-
struction,  replacement, reconditioning, restoration, rehabilitation and
preservation of state, county, town, city and village  roads,  highways,
parkways,  and  bridges  thereon,  to  restore  such facilities to their
intended  functions;  construction,  reconstruction,   enhancement   and
improvement  of  state, county, town, city, and village roads, highways,
parkways, and bridges thereon, to address current and projected capacity
problems including costs for  traffic  mitigation  activities;  aviation
projects authorized pursuant to section fourteen-j of the transportation
law  and  for payments to the general debt service fund of amounts equal
to amounts required for service contract payments  related  to  aviation
projects  as provided and authorized by section three hundred eighty-six
of the public authorities law; programs to assist small and minority and
women-owned firms engaged  in  transportation  construction  and  recon-
struction  projects,  including  a  revolving  fund  for working capital
loans, and a bonding guarantee assistance  program  in  accordance  with
provisions of this chapter; matching federal grants or apportionments to
the state for highway, parkway and bridge capital projects; the acquisi-
tion  of  real property and interests therein required or expected to be
required in connection with such projects; preventive maintenance activ-
ities necessary to ensure that highways, parkways and  bridges  meet  or
exceed their optimum useful life; expenses of control of snow and ice on
state  highways  by  the  department of transportation including but not
limited to personal services, nonpersonal services and fringe  benefits,
payment  of  emergency aid for control of snow and ice in municipalities
pursuant to section fifty-five of the highway law, expenses  of  control
of  snow and ice on state highways by municipalities pursuant to section
twelve of the highway law, and  for  expenses  of  arterial  maintenance
agreements  with  cities pursuant to section three hundred forty-nine of
the highway law; personal services,  NONPERSONAL  SERVICES,  and  fringe
benefit  costs  of  the  department  of  transportation  for  bus safety
inspection activities, RAIL  SAFETY  INSPECTION  ACTIVITIES,  AND  TRUCK
SAFETY INSPECTION ACTIVITIES; costs of the department of motor vehicles,
including but not limited to personal and nonpersonal services; costs of
engineering and administrative services of the department of transporta-
tion,  including  but  not  limited  to  fringe  benefits;  the contract
services provided by private firms in accordance with  section  fourteen
of  the  transportation law; personal services and nonpersonal services,
for activities including but not limited to the preparation of  designs,
plans,  specifications and estimates; construction management and super-
vision activities; costs of appraisals, surveys,  testing  and  environ-
mental  impact  statements  for  transportation  projects;  expenses  in
connection with buildings, equipment, materials and facilities  used  or
useful  in  connection  with  the  maintenance, operation, and repair of
highways,  parkways  and  bridges  thereon;  and  project   costs   for:
construction,  reconstruction, improvement, reconditioning and preserva-
tion of rail freight facilities and intercity rail passenger  facilities
and equipment; construction, reconstruction, improvement, reconditioning

S. 6357--B                         10                         A. 8557--B

and   preservation  of  state,  municipal  and  privately  owned  ports;
construction, reconstruction, improvement, reconditioning and  preserva-
tion  of municipal airports; privately owned airports and aviation capi-
tal  facilities, excluding airports operated by the state or operated by
a bi-state municipal corporate instrumentality for which federal funding
is not available provided the project is  consistent  with  an  approved
airport  layout  plan;  and  construction,  reconstruction, enhancement,
improvement, replacement,  reconditioning,  restoration,  rehabilitation
and  preservation  of state, county, town, city and village roads, high-
ways, parkways and bridges; and construction,  reconstruction,  improve-
ment,  reconditioning  and  preservation  of  fixed  ferry facilities of
municipal and privately owned ferry lines for  transportation  purposes,
and  the  payment  of debt service required on any bonds, notes or other
obligations and  related  expenses  for  highway,  parkway,  bridge  and
project  costs  for: construction, reconstruction, improvement, recondi-
tioning and preservation of rail freight facilities and  intercity  rail
passenger   facilities   and  equipment;  construction,  reconstruction,
improvement, reconditioning and preservation  of  state,  municipal  and
privately owned ports; construction, reconstruction, improvement, recon-
ditioning  and  preservation  of  municipal  airports;  privately  owned
airports and aviation capital facilities, excluding airports operated by
the state or operated by a bi-state municipal corporate  instrumentality
for  which  federal  funding  is  not  available provided the project is
consistent with an approved airport layout  plan;  construction,  recon-
struction, enhancement, improvement, replacement, reconditioning, resto-
ration, rehabilitation and preservation of state, county, town, city and
village  roads, highways, parkways and bridges; and construction, recon-
struction, improvement, reconditioning and preservation of  fixed  ferry
facilities  of municipal and privately owned ferry lines for transporta-
tion purposes, purposes authorized on or after  the  effective  date  of
this  section.  Beginning with disbursements made on and after the first
day of April, nineteen hundred ninety-three, moneys in such  fund  shall
be  available  to  pay such costs or expenses made pursuant to appropri-
ations or reappropriations made during the state fiscal year which began
on the first of April, nineteen hundred ninety-two. Beginning the  first
day  of  April, nineteen hundred ninety-three, moneys in such fund shall
also be used for transfers to the general  debt  service  fund  and  the
revenue bond tax fund of amounts equal to that respectively required for
service  contract  and  financing  agreement  payments  as  provided and
authorized by section three hundred eighty  of  the  public  authorities
law,  section eleven of chapter three hundred twenty-nine of the laws of
nineteen hundred ninety-one, as amended, and sections sixty-eight-c  and
sixty-nine-o of this chapter.
  S  11.  Paragraph  a  of  subdivision  5  of section 89-b of the state
finance law, as amended by section 60-a of part HH of chapter 57 of  the
laws of 2013, is amended to read as follows:
  a.  Moneys  in  the  dedicated  highway  and  bridge trust fund shall,
following appropriation by the legislature, be  utilized  for:    recon-
struction,  replacement, reconditioning, restoration, rehabilitation and
preservation of state, county, town, city and village  roads,  highways,
parkways,  and  bridges  thereon,  to  restore  such facilities to their
intended  functions;  construction,  reconstruction,   enhancement   and
improvement  of  state, county, town, city, and village roads, highways,
parkways, and bridges thereon, to address current and projected capacity
problems including costs for  traffic  mitigation  activities;  aviation
projects authorized pursuant to section fourteen-j of the transportation

S. 6357--B                         11                         A. 8557--B

law  and  for payments to the general debt service fund of amounts equal
to amounts required for service contract payments  related  to  aviation
projects  as provided and authorized by section three hundred eighty-six
of the public authorities law; programs to assist small and minority and
women-owned  firms  engaged  in  transportation  construction and recon-
struction projects, including  a  revolving  fund  for  working  capital
loans,  and  a  bonding  guarantee assistance program in accordance with
provisions of this chapter; matching federal grants or apportionments to
the state for highway, parkway and bridge capital projects; the acquisi-
tion of real property and interests therein required or expected  to  be
required in connection with such projects; preventive maintenance activ-
ities  necessary  to  ensure that highways, parkways and bridges meet or
exceed their optimum useful life; expenses of control of snow and ice on
state highways by the department of  transportation  including  but  not
limited  to personal services, nonpersonal services and fringe benefits,
payment of emergency aid for control of snow and ice  in  municipalities
pursuant  to  section fifty-five of the highway law, expenses of control
of snow and ice on state highways by municipalities pursuant to  section
twelve  of  the  highway  law,  and for expenses of arterial maintenance
agreements with cities pursuant to section three hundred  forty-nine  of
the  highway  law;  personal  services, NONPERSONAL SERVICES, and fringe
benefit costs  of  the  department  of  transportation  for  bus  safety
inspection  activities,  RAIL  SAFETY  INSPECTION  ACTIVITIES, AND TRUCK
SAFETY INSPECTION ACTIVITIES; costs of  engineering  and  administrative
services  of the department of transportation, including but not limited
to fringe benefits; the contract services provided by private  firms  in
accordance  with  section  fourteen  of the transportation law; personal
services and nonpersonal services,  for  activities  including  but  not
limited  to  the preparation of designs, plans, specifications and esti-
mates; construction management  and  supervision  activities;  costs  of
appraisals,  surveys,  testing  and  environmental impact statements for
transportation projects; expenses in connection with  buildings,  equip-
ment,  materials  and  facilities  used or useful in connection with the
maintenance, operation, and repair of  highways,  parkways  and  bridges
thereon;  and project costs for:  construction, reconstruction, improve-
ment, reconditioning and preservation of  rail  freight  facilities  and
intercity  rail passenger facilities and equipment; construction, recon-
struction, improvement, reconditioning and preservation of state, munic-
ipal and privately owned ports; construction,  reconstruction,  improve-
ment,  reconditioning  and preservation of municipal airports; privately
owned airports and aviation capital facilities, excluding airports oper-
ated by the state or operated by a bi-state municipal corporate  instru-
mentality  for  which  federal  funding  is  not  available provided the
project  is  consistent  with  an  approved  airport  layout  plan;  and
construction,  reconstruction,  enhancement,  improvement,  replacement,
reconditioning, restoration, rehabilitation and preservation  of  state,
county,  town,  city  and village roads, highways, parkways and bridges;
and construction, reconstruction, improvement, reconditioning and  pres-
ervation  of  fixed  ferry  facilities  of municipal and privately owned
ferry lines for transportation purposes, and the payment of debt service
required on any bonds, notes or other obligations and  related  expenses
for highway, parkway, bridge and project costs for: construction, recon-
struction,  improvement, reconditioning and preservation of rail freight
facilities  and  intercity  rail  passenger  facilities  and  equipment;
construction,  reconstruction, improvement, reconditioning and preserva-
tion of state, municipal and privately owned ports; construction, recon-

S. 6357--B                         12                         A. 8557--B

struction, improvement, reconditioning  and  preservation  of  municipal
airports;  privately  owned  airports  and  aviation capital facilities,
excluding airports operated by the  state  or  operated  by  a  bi-state
municipal  corporate  instrumentality  for  which federal funding is not
available provided the project is consistent with  an  approved  airport
layout  plan;  construction,  reconstruction,  enhancement, improvement,
replacement, reconditioning, restoration, rehabilitation  and  preserva-
tion  of state, county, town, city and village roads, highways, parkways
and bridges; and construction, reconstruction, improvement, recondition-
ing and preservation of fixed ferry facilities of municipal and private-
ly owned ferry lines for transportation purposes, purposes authorized on
or after the effective date of this section.  Beginning  with  disburse-
ments  made  on and after the first day of April, nineteen hundred nine-
ty-three, moneys in such fund shall be available to pay  such  costs  or
expenses made pursuant to appropriations or reappropriations made during
the  state  fiscal  year  which  began  on  the first of April, nineteen
hundred ninety-two. Beginning the first day of April,  nineteen  hundred
ninety-three,  moneys  in  such fund shall also be used for transfers to
the general debt service fund and the revenue bond tax fund  of  amounts
equal  to  that respectively required for service contract and financing
agreement payments as provided and authorized by section  three  hundred
eighty  of  the  public authorities law, section eleven of chapter three
hundred twenty-nine of the  laws  of  nineteen  hundred  ninety-one,  as
amended, and sections sixty-eight-c and sixty-nine-o of this chapter.
  S  12.    This  act  shall  take effect immediately, provided that the
amendments to paragraph (a) of subdivision 3  of  section  89-b  of  the
state  finance law made by section eight of this act shall be subject to
the expiration and reversion of such paragraph pursuant to section 13 of
part U1 of chapter 62 of the laws of 2003, as amended,  when  upon  such
date  the  provisions of section nine of this act shall take effect; and
provided further that the amendments to paragraph a of subdivision 5  of
section  89-b  of  the state finance law made by section ten of this act
shall be subject to the  expiration  and  reversion  of  such  paragraph
pursuant  to  section  2 of part B of chapter 84 of the laws of 2002, as
amended, when upon such date the provisions of section  eleven  of  this
act shall take effect.

                                 PART D

  Section  1.  Section  2  of  part D of chapter 58 of the laws of 2013,
relating to the hours of operation of the department of  motor  vehicles
and providing for the repeal of such provisions upon expiration thereof,
is amended to read as follows:
  S  2.  This act shall take effect immediately [and shall expire and be
deemed repealed two years after such date].
  S 2. This act shall take effect immediately.

                                 PART E

  Section 1. The article heading of article  12-C  of  the  vehicle  and
traffic  law, as added by chapter 751 of the laws of 2005, is amended to
read as follows:
                ACCIDENT PREVENTION COURSE INTERNET, AND
                    OTHER TECHNOLOGY [PILOT] PROGRAM
  S 2. Sections 399-m and 399-o of  the  vehicle  and  traffic  law  are
REPEALED.

S. 6357--B                         13                         A. 8557--B

  S 3. Sections 399-k and 399-l of the vehicle and traffic law, as added
by chapter 751 of the laws of 2005, are amended to read as follows:
  S  399-k.  Accident  prevention  course  internet  technology  [pilot]
program.  The commissioner shall establish and implement a comprehensive
[pilot] program to [review and study] ALLOW internet, and other technol-
ogies as approved by the commissioner, as  a  training  method  for  the
administration  and completion of an approved accident prevention course
for the purposes of granting point and insurance premium reduction bene-
fits.
  S 399-l. Application. Applicants  for  participation  in  the  [pilot]
program  established pursuant to this article shall be among those acci-
dent prevention course sponsoring agencies that have a  course  approved
by the commissioner pursuant to article twelve-B of this title [prior to
the effective date of this article and which deliver] AND HAVE SATISFAC-
TORILY  DELIVERED such course to the public FOR A PERIOD OF ONE YEAR AND
CONTINUE TO DELIVER SUCH COURSE, UNLESS EXEMPTED  BY  THE  COMMISSIONER.
[Provided,  however,  the  commissioner  may,  in his or her discretion,
approve applications after such date.]  In  order  to  be  approved  for
participation  in  such [pilot] program, the course must comply with the
provisions of law,  rules  and  regulations  applicable  thereto.    The
commissioner  may,  in  his  or  her  discretion,  impose  a fee for the
submission of each application to participate  in  the  [pilot]  program
established  pursuant  to  this article. Such fee shall not exceed seven
thousand five hundred dollars. The  proceeds  from  such  fee  shall  be
deposited  in the accident prevention course internet technology [pilot]
program fund as  established  by  section  eighty-nine-g  of  the  state
finance law.
  S 4. Subdivision 2 of section 399-n of the vehicle and traffic law, as
added by chapter 751 of the laws of 2005, is amended to read as follows:
  2.  The  commissioner is authorized to impose a fee upon each accident
prevention course sponsoring agency approved for  participation  in  the
[pilot]  program,  which shall not exceed eight dollars for each student
who completes an accident prevention course  by  means  of  the  [pilot]
program established pursuant to this article.
  S  5. The section heading, subdivisions 1 and 3 of section 89-g of the
state finance law, as added by chapter 751 of  the  laws  of  2005,  are
amended to read as follows:
  Accident  prevention  course  internet,  and  other technology [pilot]
program fund. 1. There is hereby established in the joint custody of the
state comptroller and the commissioner of taxation and finance a special
fund to be known as the "accident prevention course internet, and  other
technology [pilot] program fund".
  3.  The  moneys  in the accident prevention course internet, and other
technology [pilot] program fund shall be kept separate and shall not  be
commingled  with  any other moneys in the custody of the commissioner of
taxation and finance and the state comptroller.
  S 6. Section 5 of chapter 751 of the laws of 2005, amending the insur-
ance law and the vehicle and traffic law, relating to  establishing  the
accident prevention course internet technology pilot program, is amended
to read as follows:
  S 5. This act shall take effect on the one hundred eightieth day after
it shall have become a law [and shall expire and be deemed repealed five
years  after  the date that the accident prevention course internet, and
other technology pilot program is established  and  implemented  by  the
commissioner  of  motor vehicles pursuant to article 12-C of the vehicle
and traffic law, as added by section three of this act];  provided  that

S. 6357--B                         14                         A. 8557--B

any  rules and regulations necessary to implement the provisions of this
act on its effective date are authorized and directed to be completed on
or before such date; and provided, further,  that  the  commissioner  of
motor  vehicles shall notify the legislative bill drafting commission of
the date he or she establishes and implements  the  accident  prevention
course internet technology pilot program pursuant to article 12-C of the
vehicle and traffic law, as added by section three of this act, in order
that  such commission may maintain an accurate and timely effective data
base of the official text of the laws of the state of New York in furth-
erance of effecting the provisions of section 44 of the legislative  law
and section 70-b of the public officers law.
  S  7.  This  act shall take effect immediately; provided that sections
one through five of this act shall take effect May 18, 2014.

                                 PART F

  Section 1. Subdivision 3 of section 510-a of the vehicle  and  traffic
law is amended by adding a new paragraph (f) to read as follows:
  (F)  A  COMMERCIAL  DRIVER'S LICENSE SHALL BE SUSPENDED BY THE COMMIS-
SIONER IF THE HOLDER FAILS TO AMEND THE  LICENSE  TO  ADD  OR  REMOVE  A
LICENSE  RESTRICTION  AS  DIRECTED  BY THE COMMISSIONER. SUCH SUSPENSION
SHALL REMAIN IN EFFECT UNTIL  THE  HOLDER  OF  THE  COMMERCIAL  DRIVER'S
LICENSE  AMENDS  HIS OR HER LICENSE AS DIRECTED BY THE COMMISSIONER. THE
COMMISSIONER  SHALL  DIRECT  THE  HOLDER  OF  SUCH  COMMERCIAL  DRIVER'S
LICENSE,  BY FIRST CLASS MAIL TO THE ADDRESS OF SUCH PERSON ON FILE WITH
THE DEPARTMENT OR AT THE CURRENT ADDRESS PROVIDED BY THE  UNITED  STATES
POSTAL  SERVICE,  TO  AMEND  HIS  OR  HER COMMERCIAL DRIVER'S LICENSE BY
ADDING OR REMOVING A SPECIFIED RESTRICTION, AND THAT  FAILURE  TO  AMEND
SUCH  LICENSE  AS  DIRECTED SHALL RESULT IN THE SUSPENSION OF HIS OR HER
COMMERCIAL DRIVER'S LICENSE NO EARLIER THAN THIRTY DAYS FROM THE DATE OF
THE NOTICE TO SUCH HOLDER.
  S 2. Subdivision 1-a of section 509 of the vehicle and traffic law, as
added by section 1 of part J of chapter 59  of  the  laws  of  2006,  is
amended to read as follows:
  1-a.  Whenever  a  license  is  required to operate a commercial motor
vehicle, no person shall operate a commercial motor vehicle without  the
proper  endorsements  for the specific vehicle being operated or for the
passengers or type of cargo being transported;  OR  WITHOUT  THE  PROPER
RESTRICTIONS  OR  WITH RESTRICTIONS THAT ARE INAPPLICABLE TO OR INAPPRO-
PRIATE FOR THE HOLDER FOR HIS OR HER OPERATION OF COMMERCIAL MOTOR VEHI-
CLES.
  S 3. This act shall take effect immediately.

                                 PART G

  Section 1. Section 2985 of title 11 of article 9 of the public author-
ities law is designated title 11-A and such title is amended by adding a
new title heading to read as follows:
                            TOLL COLLECTIONS
  S 2. Subdivision 1 of section 2985 of the public authorities  law,  as
added by chapter 379 of the laws of 1992, is amended to read as follows:
  1.  Notwithstanding any other provision of law, every public authority
which operates a toll highway bridge and/or tunnel  facility  is  hereby
authorized and empowered to impose monetary liability [on the owner of a
vehicle]  for  failure  [of an operator thereof] to comply with the toll

S. 6357--B                         15                         A. 8557--B

collection regulations of such public authority in accordance  with  the
provisions of this section.
  S  3.  Subdivision 3 of section 2985 of the public authorities law, as
added by chapter 379 of the laws of 1992, is amended to read as follows:
  3. For purposes of this section,  the  term  "owner"  shall  mean  any
person,  corporation,  partnership, firm, agency, association, lessor or
organization who, at the time of the violation OR WHEN THE OBLIGATION TO
PAY THE TOLL IS INCURRED and with respect to the vehicle  identified  in
the  notice  of  liability:  (a) is the beneficial or equitable owner of
such vehicle; or (b) has title to such vehicle; or (c) is the registrant
or co-registrant of such vehicle which is registered with the department
of motor vehicles of this state or any other state, territory, district,
province, nation or other jurisdiction; or (d) subject  to  the  limita-
tions set forth in subdivision ten of this section, uses such vehicle in
its  vehicle  renting and/or leasing business; and includes (e) a person
entitled to the use and possession of a vehicle subject  to  a  security
interest  in  another  person.  For  purposes  of this section, the term
"photo-monitoring system" shall mean a vehicle sensor installed to  work
in  conjunction  with  a  toll  collection  facility which automatically
produces one or more photographs, one or more microphotographs, a  vide-
otape or other recorded images of each vehicle at the time it is used or
operated  in  [violation  of toll collection regulations] OR UPON A TOLL
FACILITY.  For purposes of this section, the term "toll collection regu-
lations" shall mean: those rules and regulations of a  public  authority
providing  for  and  requiring  the  payment  of  tolls  and/or  charges
prescribed by such public authority for the use of bridges,  tunnels  or
highways  under  its  jurisdiction  or  those rules and regulations of a
public authority making it unlawful to refuse to pay or to evade  or  to
attempt  to  evade  the payment of all or part of any toll and/or charge
for the use of bridges, tunnels or highways under  the  jurisdiction  of
such  public authority. For purposes of this section, the term "vehicle"
shall mean every device in, upon or by which a person or property is  or
may  be  transported or drawn upon a highway, except devices used exclu-
sively upon stationary rails or tracks.
  S 4. Subdivision 4 of section 2985 of the public authorities  law,  as
added by chapter 379 of the laws of 1992, is amended to read as follows:
  4.  A  certificate,  sworn  to  or  affirmed by an agent of the public
authority which charged that the  violation  occurred,  or  a  facsimile
thereof,  based upon inspection of [photographs, microphotographs, vide-
otape or other recorded images] DATA OR IMAGES produced by [a photo-mon-
itoring] AN ELECTRONIC TOLL COLLECTION system  OR  OTHER  RECORDS  MAIN-
TAINED BY OR ON BEHALF OF THE PUBLIC AUTHORITY REGARDING TOLL VIOLATIONS
shall  be  prima facie evidence of the facts contained therein and shall
be admissible in any proceeding charging a violation of toll  collection
regulations, provided that any [photographs, microphotographs, videotape
or  other recorded images] SUCH DATA, IMAGES, OR RECORDS evidencing such
a violation  shall  be  available  for  inspection  and  admission  into
evidence  in  any  proceeding  to  adjudicate  the  liability  for  such
violation.
  S 5. Subdivision 5 of section 2985 of the public authorities  law,  as
added by chapter 379 of the laws of 1992, is amended to read as follows:
  5.  An  owner  found  liable  for a violation of toll collection regu-
lations pursuant to this section shall for a first violation thereof  be
liable  for  THE FULL AMOUNT OF THE ASSESSED TOLLS AND OTHER CHARGES AND
FEES IN ADDITION TO a monetary penalty not to exceed [fifty] ONE HUNDRED
dollars or two times the toll evaded whichever is greater; for a  second

S. 6357--B                         16                         A. 8557--B

violation  thereof  both  within  eighteen months be liable for THE FULL
AMOUNT OF THE ASSESSED TOLLS AND OTHER CHARGES AND FEES IN ADDITION TO a
monetary penalty not to exceed [one] TWO hundred dollars or  five  times
the  toll  evaded  whichever  is  greater;  for  a  third  or subsequent
violation thereof all within eighteen months  be  liable  for  THE  FULL
AMOUNT OF THE ASSESSED TOLLS AND OTHER CHARGES AND FEES IN ADDITION TO a
monetary  penalty  not  to exceed [one] THREE hundred [fifty] dollars or
ten times the toll evaded whichever is greater.
  S 6. Paragraphs (a), (b) and (d) of subdivision 7 of section  2985  of
the public authorities law, as added by chapter 379 of the laws of 1992,
are amended to read as follows:
  (a)  A  notice  of liability shall be sent by first class mail to each
person alleged to be  liable  as  an  owner  for  a  violation  of  toll
collection regulations. Such notice shall be mailed no later than [thir-
ty] ONE HUNDRED TWENTY days after the alleged violation. Personal deliv-
ery  on the owner shall not be required. A manual or automatic record of
mailing prepared in the ordinary course of business shall be prima facie
evidence of the mailing of the notice.
  (b) A notice of liability shall contain the name and  address  of  the
person  alleged  to  be  liable  as  an  owner  for  a violation of toll
collection regulations pursuant to this section, the registration number
AND STATE OF REGISTRATION of the vehicle involved in such violation, the
[location where such violation took place, the date and time] LOCATIONS,
DATES AND TIMES of EACH USE OF THE FACILITY THAT FORMS THE BASIS OF such
violation, THE AMOUNT OF THE ASSESSED TOLLS AND OTHER CHARGES AND  FEES,
and  the identification number of the [photo-monitoring] ELECTRONIC TOLL
COLLECTION system which recorded the [violation] VEHICLE BEING  USED  OR
OPERATED ON THE TOLL FACILITY or other document locator number.
  (d)  The  notice  of  liability  shall be prepared and mailed by OR ON
BEHALF OF the public authority having jurisdiction over the toll facili-
ty where the violation of toll collection regulations occurred.
  S 7. Subdivision 8 of section 2985 of the public authorities  law,  as
added by chapter 379 of the laws of 1992, is amended to read as follows:
  8.  Adjudication  of the liability imposed upon owners by this section
shall be by the entity having jurisdiction over violations of the  rules
and  regulations of the public authority serving the notice of liability
or where authorized by an administrative  tribunal  and  all  violations
shall  be  heard  and determined in the county in which the violation is
alleged to have occurred, or in New York city and upon  the  consent  of
both  parties,  in  any  county within New York city in which the public
authority operates or maintains a facility, and in the  same  manner  as
charges  of  other  regulatory  violations  of  such public authority or
pursuant to the rules and regulations of such administrative tribunal as
the case may be. THE ENTITY OR ADMINISTRATIVE TRIBUNAL THAT  ADJUDICATES
LIABILITY  FOR A VIOLATION SHALL COLLECT THE FULL AMOUNT OF THE ASSESSED
TOLLS AND OTHER CHARGES AND FEES IN ADDITION  TO  THE  MONETARY  PENALTY
OWED,  AND SHALL PAY TO THE PUBLIC AUTHORITY WHOSE TOLL COLLECTION REGU-
LATIONS WERE VIOLATED THE FULL AMOUNT OF THE ASSESSED  TOLLS  AND  OTHER
CHARGES AND FEES AND ONE-HALF OF THE MONETARY PENALTY.
  S  8. Subdivision 10 of section 2985 of the public authorities law, as
amended by chapter 666 of the laws  of  1993,  is  amended  to  read  as
follows:
  10. An owner who is a lessor of a vehicle to which a notice of liabil-
ity  was  issued pursuant to subdivision seven of this section shall not
be liable for the violation of the toll collection  regulation  provided
that  he  or  she  sends  to the public authority [serving the notice of

S. 6357--B                         17                         A. 8557--B

liability and to the court or other entity having jurisdiction]  OR  ITS
DULY  AUTHORIZED  AGENT  FOR THIS PURPOSE a copy of the rental, lease or
other such contract document covering such vehicle on the date  of  [the
violation]  USE  OF  A  TOLL  FACILITY, with the name and address of the
lessee  clearly  legible,  within  thirty  days  after  receiving   [the
original]  notice  of  [liability]  USE  OF  THE  TOLL  FACILITY BY SUCH
VEHICLE.  Failure to send such information within such thirty  day  time
period shall render the lessor liable for the penalty prescribed by this
section.  Where the lessor complies with the provisions of this subdivi-
sion, the lessee of such vehicle on the date of such [violation] USE  OF
THE  TOLL  FACILITY  shall be deemed to be the owner of such vehicle for
purposes of this section and shall  be  subject  to  liability  for  the
violation  of  toll  collection  regulations[,  provided that the public
authority mails a notice of liability to  the  lessee  within  ten  days
after  the  court, or other entity having jurisdiction, deems the lessee
to be the owner]. For purposes of this  subdivision  the  term  "lessor"
shall  mean  any person, corporation, firm, partnership, agency, associ-
ation or organization engaged in the  business  of  renting  or  leasing
vehicles  to  any  lessee  under  a rental agreement, lease or otherwise
wherein the said lessee has the exclusive use of said  vehicle  for  any
period  of  time.  For  purposes  of this subdivision, the term "lessee"
shall mean any person, corporation, firm, partnership,  agency,  associ-
ation or organization that rents, leases or contracts for the use of one
or more vehicles and has exclusive use thereof for any period of time.
  S  9. Subdivision 11 of section 2985 of the public authorities law, as
added by chapter 379 of the laws of 1992, is amended to read as follows:
  11. Except as provided in subdivision ten of this section, if a person
receives a notice of liability pursuant to this section it  shall  be  a
valid  defense  to  an  allegation  of liability for a violation of toll
collection regulations that the individual who received  the  notice  of
liability  pursuant  to this section was not the owner of the vehicle at
the time the [violation occurred] OBLIGATION FOR PAYMENT OF THE TOLL AND
OTHER CHARGES WAS INCURRED.  If the owner liable for a violation of toll
collection regulations pursuant to this section was not the operator  of
the  vehicle  at  the  time  of the violation, the owner may maintain an
action for indemnification against the operator.
  S 10. Subdivision 12 of section 2985 of the public authorities law, as
added by chapter 379 of the laws of 1992, is amended to read as follows:
  12. "Electronic  toll  collection  system"  shall  mean  a  system  of
collecting  tolls  or  OTHER  charges  [which  is capable of charging an
account holder the appropriate toll or charge by transmission of  infor-
mation  from  an  electronic device on a motor vehicle to the toll lane,
which information is used to charge the account the appropriate toll  or
charge]  USING  ELECTRONIC  DATA AND IMAGES.  In adopting procedures for
the preparation and mailing of a notice of liability, the public author-
ity having jurisdiction over the toll facility shall adopt guidelines to
ensure adequate and timely notice  to  all  electronic  toll  collection
system  account  holders  to  inform them when their accounts are delin-
quent. An owner who is an  account  holder  under  the  electronic  toll
collection  system  shall  not  be  found liable for a violation of this
section unless such authority has first sent a notice of delinquency  to
such account holder and the account holder was in fact delinquent at the
time of the violation.
  S 11. Section 2985 of the public authorities law is amended  by adding
three new subdivisions 15, 16 and 17 to read as follows:

S. 6357--B                         18                         A. 8557--B

  15.    IN  ADDITIONAL  TO  ANY  MONETARY LIABILITY THAT MAY BE IMPOSED
PURSUANT TO THIS SECTION, A PUBLIC AUTHORITY THAT OPERATES A TOLL  HIGH-
WAY,  BRIDGE  OR  TUNNEL  FACILITY IS HEREBY AUTHORIZED AND EMPOWERED TO
IMPOSE AN ADMINISTRATIVE FEE OR FEES ON AN  OWNER,  AN  OPERATOR  OR  AN
ACCOUNT HOLDER THAT HAS VIOLATED TOLL COLLECTION REGULATIONS.
  16.  ANY  NOTICE REQUIRED TO BE SENT PURSUANT TO THIS SECTION BY FIRST
CLASS MAIL MAY INSTEAD BE SENT, WITH CONSENT,  BY  ELECTRONIC  MEANS  OF
COMMUNICATION. A MANUAL OR AUTOMATIC RECORD OF ELECTRONIC COMMUNICATIONS
PREPARED  IN THIS ORDINARY COURSE OF BUSINESS SHALL BE ADEQUATE EVIDENCE
OF ELECTRONIC NOTICE.
  17. THE NEW YORK STATE THRUWAY AUTHORITY AND THE NEW YORK STATE BRIDGE
AUTHORITY ARE AUTHORIZED TO ADOPT RULES AND REGULATIONS TO ESTABLISH  AN
ADMINISTRATIVE  TRIBUNAL  TO  ADJUDICATE  THE  LIABILITY  OF  OWNERS FOR
VIOLATION OF TOLL COLLECTION REGULATIONS AS DEFINED IN AND IN ACCORDANCE
WITH THE PROVISIONS OF THIS SECTION AND THE APPLICABLE TOLL  REGULATIONS
OF SUCH AUTHORITIES. SUCH TRIBUNAL SHALL HAVE, WITH RESPECT TO VIOLATION
OF TOLL COLLECTION REGULATIONS OF SUCH AUTHORITIES, NON-EXCLUSIVE JURIS-
DICTION OVER VIOLATIONS OF THE RULES AND REGULATIONS WHICH MAY FROM TIME
TO  TIME  BE  ESTABLISHED  BY  SUCH  AUTHORITIES  IN ACCORDANCE WITH THE
PROVISIONS OF THIS SECTION. VIOLATIONS SHALL BE HEARD AND DETERMINED  IN
THE  COUNTY IN WHICH THE VIOLATION IS ALLEGED TO HAVE OCCURRED OR IN THE
COUNTY IN WHICH THE PUBLIC AUTHORITY HAS ITS PRIMARY OR REGIONAL  ADMIN-
ISTRATIVE  OFFICES  AND REGULATIONS MAY PROVIDE FOR THE CONDUCT OF HEAR-
INGS VIA VIDEOCONFERENCING.
  S 12. Subdivision 2 of section  87  of  the  public  officers  law  is
amended by adding a new paragraph (n) to read as follows:
  (N)  ARE  DATA  OR  IMAGES  PRODUCED  BY AN ELECTRONIC TOLL COLLECTION
SYSTEM UNDER AUTHORITY OF SECTION TWO THOUSAND NINE HUNDRED  EIGHTY-FIVE
OF THE PUBLIC AUTHORITIES LAW.
  S  13.  Subdivision 4-d of section 510 of the vehicle and traffic law,
as added by chapter 379 of the laws of  1992,  is  amended  to  read  as
follows:
  4-d. Suspension of registration for failure to answer or pay penalties
with  respect to certain violations. Upon the receipt of a notification,
IN THE MANNER AND FORM PRESCRIBED BY  THE  COMMISSIONER,  from  a  court
[or],  an  administrative  tribunal,  A  PUBLIC  AUTHORITY, OR ANY OTHER
PUBLIC ENTITY IMPOSING VIOLATIONS, that an  owner  of  a  motor  vehicle
failed  to  appear  on  the  return  date  or  dates or a new subsequent
adjourned date or dates or failed to pay any penalty imposed by a  court
or  failed to comply with the rules and regulations of an administrative
tribunal following entry of a final decision or decisions,  in  response
to  [five]  THREE  or more notices of liability or other process, issued
within an eighteen month period FROM ANY AND ALL JURISDICTIONS  charging
such owner with a violation of toll collection regulations in accordance
with  the provisions of section two thousand nine hundred eighty-five of
the  public  authorities  law  or  sections  sixteen-a,  sixteen-b   and
sixteen-c  of chapter seven hundred seventy-four of the laws of nineteen
hundred fifty, OR OTHER COMPARABLE LAW, the commissioner or his  OR  HER
agent shall suspend the registration of the vehicle or vehicles involved
in  the  violation  or  the  privilege of operation of any motor vehicle
owned by the registrant. Such suspension shall take effect no less  than
thirty days from the date on which notice thereof is sent by the commis-
sioner  to  the  person whose registration or privilege is suspended and
shall remain in effect until such registrant has appeared in response to
such notices of liability or has paid such penalty or in the case of  an

S. 6357--B                         19                         A. 8557--B

administrative  tribunal, the registrant has complied with the rules and
regulations following the entry of a final decision or decisions.
  S  14. Subdivision 8 of section 402 of the vehicle and traffic law, as
amended by chapter 61 of the laws of 1989 and as renumbered  by  chapter
648  of the laws of 2006, is amended and a new subdivision 9 is added to
read as follows:
  8. [The] EXCEPT AS PROVIDED IN SUBDIVISION NINE OF THIS  SECTION,  THE
violation of this section shall be punishable by a fine of not less than
twenty-five nor more than two hundred dollars.
  9.  THE  VIOLATION  OF  THIS  SECTION ON A TOLL HIGHWAY, BRIDGE AND/OR
TUNNEL FACILITY SHALL BE PUNISHABLE BY A  FINE  OF  NOT  LESS  THAN  ONE
HUNDRED NOR MORE THAN FIVE HUNDRED DOLLARS.
  S  15.  Subparagraph  (i) of paragraph a of subdivision 5-a of section
401 of the vehicle and traffic law, as amended by section 9  of  chapter
189 of the laws of 2013, is amended to read as follows:
  (i) If at the time of application for a registration or renewal there-
of  there  is  a  certification from a court, parking violations bureau,
traffic and parking violations  agency  or  administrative  tribunal  of
appropriate  jurisdiction  [or  administrative  tribunal  of appropriate
jurisdiction] that the registrant or his or her representative failed to
appear on the return date or any subsequent adjourned date or failed  to
comply  with  the  rules  and  regulations of an administrative tribunal
following entry of a final decision in response to a total of  three  or
more summonses or other process in the aggregate, issued within an eigh-
teen  month  period,  charging  either  that: (i) such motor vehicle was
parked, stopped or standing, or that such motor vehicle was operated for
hire by the registrant or his or her agent without being licensed  as  a
motor  vehicle for hire by the appropriate local authority, in violation
of any of the provisions of this chapter or of any law, ordinance,  rule
or  regulation  made  by  a  local authority; or (ii) the registrant was
liable in accordance with section eleven hundred eleven-a of this  chap-
ter  or  section eleven hundred eleven-b of this chapter for a violation
of subdivision (d) of section eleven hundred eleven of this chapter;  or
(iii)  the  registrant  was  liable  in  accordance  with section eleven
hundred eleven-c  of  this  chapter  for  a  violation  of  a  bus  lane
restriction  as  defined  in  such  section,  or (iv) the registrant was
liable in accordance with section eleven hundred eighty-b of this  chap-
ter  for a violation of subdivision (c) or (d) of section eleven hundred
eighty of this chapter; OR (V) THE REGISTRANT WAS LIABLE  IN  ACCORDANCE
WITH SECTION TWO THOUSAND NINE HUNDRED EIGHTY-FIVE OF THE PUBLIC AUTHOR-
ITIES LAW OR SECTIONS SIXTEEN-A, SIXTEEN-B OR SIXTEEN-C OF CHAPTER SEVEN
HUNDRED  SEVENTY-FOUR OF THE LAWS OF NINETEEN HUNDRED FIFTY, the commis-
sioner or his or her agent shall deny the registration or renewal appli-
cation until the applicant provides proof from the  court,  traffic  and
parking violations agency or administrative tribunal wherein the charges
are pending that an appearance or answer has been made or in the case of
an  administrative  tribunal  that he or she has complied with the rules
and regulations of said tribunal following entry of  a  final  decision.
Where an application is denied pursuant to this section, the commission-
er  may, in his or her discretion, deny a registration or renewal appli-
cation to any other person for the same vehicle and may deny a registra-
tion or renewal application for any other motor  vehicle  registered  in
the  name  of  the  applicant where the commissioner has determined that
such registrant's intent has been to evade the purposes of this subdivi-
sion and where the commissioner has reasonable grounds to  believe  that
such  registration  or  renewal  will  have  the effect of defeating the

S. 6357--B                         20                         A. 8557--B

purposes of this subdivision. Such denial shall only remain in effect as
long as the summonses remain unanswered, or in the case of  an  adminis-
trative  tribunal,  the  registrant  fails  to comply with the rules and
regulations following entry of a final decision.
  S  15-a.  Paragraph a of subdivision 5-a of section 401 of the vehicle
and traffic law, as amended by section 9-a of chapter 189 of the laws of
2013, is amended to read as follows:
  a. If at the time of application for a registration or renewal thereof
there is a certification from a  court  or  administrative  tribunal  of
appropriate  jurisdiction  that  the  registrant or his or her represen-
tative failed to appear on the return date or any  subsequent  adjourned
date  or  failed to comply with the rules and regulations of an adminis-
trative tribunal following entry of a final decision in  response  to  a
total  of  three  or  more  summonses or other process in the aggregate,
issued within an eighteen month period, charging either that:  (i)  such
motor  vehicle was parked, stopped or standing, or that such motor vehi-
cle was operated for hire by the registrant or his or her agent  without
being  licensed  as  a  motor  vehicle for hire by the appropriate local
authority, in violation of any of the provisions of this chapter  or  of
any  law,  ordinance,  rule  or regulation made by a local authority; or
(ii) the registrant was liable in accordance with section eleven hundred
eleven-b of this chapter for a violation of subdivision (d)  of  section
eleven  hundred  eleven  of  this  chapter;  or (iii) the registrant was
liable in accordance with section eleven hundred eleven-c of this  chap-
ter  for  a  violation  of  a  bus  lane  restriction as defined in such
section; or (iv) the registrant was liable in  accordance  with  section
eleven  hundred  eighty-b of this chapter for a violation of subdivision
(b), (c), (d), (f) or (g) of section eleven hundred eighty of this chap-
ter; OR (V) THE REGISTRANT WAS LIABLE IN  ACCORDANCE  WITH  SECTION  TWO
THOUSAND  NINE  HUNDRED  EIGHTY-FIVE  OF  THE  PUBLIC AUTHORITIES LAW OR
SECTIONS SIXTEEN-A, SIXTEEN-B OR  SIXTEEN-C  OF  CHAPTER  SEVEN  HUNDRED
SEVENTY-FOUR  OF THE LAWS OF NINETEEN HUNDRED FIFTY, the commissioner or
his or her agent shall deny  the  registration  or  renewal  application
until  the  applicant  provides  proof  from the court or administrative
tribunal wherein the charges are pending that an  appearance  or  answer
has  been  made  or in the case of an administrative tribunal that he or
she has complied with the rules and regulations of said tribunal follow-
ing entry of a final decision. Where an application is  denied  pursuant
to  this section, the commissioner may, in his or her discretion, deny a
registration or renewal application to any other  person  for  the  same
vehicle and may deny a registration or renewal application for any other
motor  vehicle registered in the name of the applicant where the commis-
sioner has determined that such registrant's intent has  been  to  evade
the  purposes of this subdivision and where the commissioner has reason-
able grounds to believe that such registration or renewal will have  the
effect  of defeating the purposes of this subdivision. Such denial shall
only remain in effect as long as the summonses remain unanswered, or  in
the  case  of an administrative tribunal, the registrant fails to comply
with the rules and regulations following entry of a final decision.
  S 15-b. Paragraph a of subdivision 5-a of section 401 of  the  vehicle
and traffic law, as amended by section 9-b of chapter 189 of the laws of
2013, is amended to read as follows:
  a. If at the time of application for a registration or renewal thereof
there  is  a  certification  from  a court or administrative tribunal of
appropriate jurisdiction that the registrant or  his  or  her  represen-
tative  failed  to appear on the return date or any subsequent adjourned

S. 6357--B                         21                         A. 8557--B

date or failed to comply with the rules and regulations of  an  adminis-
trative  tribunal  following  entry  of  a final decision in response to
three or more summonses or other  process,  issued  within  an  eighteen
month  period,  charging  that such motor vehicle was parked, stopped or
standing, or that such motor vehicle was operated for hire by the regis-
trant or his or her agent without being licensed as a motor vehicle  for
hire  by  the  appropriate  local  authority, in violation of any of the
provisions of this chapter or of any law, ordinance, rule or  regulation
made  by  a  local authority, or the registrant was liable in accordance
with section eleven hundred eleven-c of this chapter for a violation  of
a bus lane restriction as defined in such section, or the registrant was
liable  in accordance with section eleven hundred eighty-b of this chap-
ter for a violation of subdivision (b), (c), (d), (f) or (g) of  section
eleven  hundred  eighty of this chapter, OR THE REGISTRANT WAS LIABLE IN
ACCORDANCE WITH SECTION TWO THOUSAND NINE  HUNDRED  EIGHTY-FIVE  OF  THE
PUBLIC  AUTHORITIES LAW OR SECTIONS SIXTEEN-A, SIXTEEN-B OR SIXTEEN-C OF
CHAPTER SEVEN HUNDRED SEVENTY-FOUR  OF  THE  LAWS  OF  NINETEEN  HUNDRED
FIFTY,  the commissioner or his or her agent shall deny the registration
or renewal application until the applicant provides proof from the court
or administrative tribunal wherein  the  charges  are  pending  that  an
appearance  or  answer has been made or in the case of an administrative
tribunal that he or she has complied with the rules and  regulations  of
said  tribunal following entry of a final decision. Where an application
is denied pursuant to this section, the commissioner may, in his or  her
discretion,  deny  a  registration  or  renewal application to any other
person for the same vehicle and  may  deny  a  registration  or  renewal
application  for  any  other motor vehicle registered in the name of the
applicant where the commissioner has determined that  such  registrant's
intent  has been to evade the purposes of this subdivision and where the
commissioner has reasonable grounds to believe that such registration or
renewal will have the effect of defeating the purposes of this  subdivi-
sion.  Such  denial shall only remain in effect as long as the summonses
remain unanswered, or in the case of  an  administrative  tribunal,  the
registrant  fails  to  comply  with  the rules and regulations following
entry of a final decision.
  S 15-c. Paragraph a of subdivision 5-a of section 401 of  the  vehicle
and traffic law, as amended by section 9-c of chapter 189 of the laws of
2013, is amended to read as follows:
  a. If at the time of application for a registration or renewal thereof
there  is  a  certification  from  a court or administrative tribunal of
appropriate jurisdiction  that  the  registrant  or  his  representative
failed  to appear on the return date or any subsequent adjourned date or
failed to comply with the rules and  regulations  of  an  administrative
tribunal  following  entry  of  a final decision in response to three or
more summonses or other process, issued within an eighteen month period,
charging that such motor vehicle was parked,  stopped  or  standing,  or
that  such  motor vehicle was operated for hire by the registrant or his
agent without being licensed as a motor vehicle for hire by  the  appro-
priate  local  authority,  in violation of any of the provisions of this
chapter or of any law, ordinance, rule or regulation  made  by  a  local
authority, or the registrant was liable in accordance with section elev-
en  hundred  eighty-b of this chapter for violations of subdivision (b),
(c), (d), (f) or (g) of section eleven hundred eighty of  this  chapter,
OR  THE  REGISTRANT  WAS  LIABLE IN ACCORDANCE WITH SECTION TWO THOUSAND
NINE HUNDRED EIGHTY-FIVE OF  THE  PUBLIC  AUTHORITIES  LAW  OR  SECTIONS
SIXTEEN-A,  SIXTEEN-B OR SIXTEEN-C OF CHAPTER SEVEN HUNDRED SEVENTY-FOUR

S. 6357--B                         22                         A. 8557--B

OF THE LAWS OF NINETEEN HUNDRED FIFTY, the  commissioner  or  his  agent
shall  deny  the registration or renewal application until the applicant
provides proof from the court or  administrative  tribunal  wherein  the
charges are pending that an appearance or answer has been made or in the
case  of  an administrative tribunal that he has complied with the rules
and regulations of said tribunal following entry of  a  final  decision.
Where an application is denied pursuant to this section, the commission-
er may, in his discretion, deny a registration or renewal application to
any  other  person  for  the same vehicle and may deny a registration or
renewal application for any other motor vehicle registered in  the  name
of  the applicant where the commissioner has determined that such regis-
trant's intent has been to evade the purposes of  this  subdivision  and
where  the  commissioner  has  reasonable  grounds  to believe that such
registration or renewal will have the effect of defeating  the  purposes
of  this subdivision. Such denial shall only remain in effect as long as
the summonses remain unanswered, or in the  case  of  an  administrative
tribunal,  the registrant fails to comply with the rules and regulations
following entry of a final decision.
  S 15-d. Paragraph a of subdivision 5-a of section 401 of  the  vehicle
and  tra