[ ] is old law to be omitted.
LBD12570-03-3
S. 2605--B 2 A. 3005--B
nent; to amend chapter 261 of the laws of 1987, amending chapters 50,
53 and 54 of the laws of 1987, the correction law, the penal law and
other chapters and laws relating to correctional facilities, in
relation to making the provisions of such chapter permanent; to amend
chapter 339 of the laws of 1972, amending the correction law and the
penal law relating to inmate work release, furlough and leave, in
relation to making the provisions of such chapter permanent; to amend
chapter 60 of the laws of 1994 relating to certain provisions which
impact upon expenditure of certain appropriations made by chapter 50
of the laws of 1994 enacting the state operations budget, in relation
to making certain provisions of such chapter permanent; to amend chap-
ter 3 of the laws of 1995, amending the correction law and other laws
relating to the incarceration fee, in relation to extending the expi-
ration of certain provisions of such chapter; to amend chapter 55 of
the laws of 1992, amending the tax law and other laws relating to
taxes, surcharges, fees and funding, in relation to extending the
expiration of certain provisions of such chapter; to amend chapter 907
of the laws of 1984, amending the correction law, the New York city
criminal court act and the executive law relating to prison and jail
housing and alternatives to detention and incarceration programs, in
relation to extending the expiration of certain provisions of such
chapter; to amend chapter 166 of the laws of 1991, amending the tax
law and other laws relating to taxes, in relation to extending the
expiration of certain provisions of such chapter; to amend the vehicle
and traffic law, in relation to extending the expiration of the manda-
tory surcharge and victim assistance fee; to amend chapter 713 of the
laws of 1988, amending the vehicle and traffic law relating to the
ignition interlock device program, in relation to extending the expi-
ration thereof; to amend chapter 435 of the laws of 1997, amending the
military law and other laws relating to various provisions, in
relation to extending the expiration date of the merit provisions of
the correction law and the penal law of such chapter; to amend chapter
412 of the laws of 1999, amending the civil practice law and rules and
the court of claims act relating to prisoner litigation reform, in
relation to extending the expiration of the inmate filing fee
provisions of the civil practice law and rules and general filing fee
provision and inmate property claims exhaustion requirement of the
court of claims act of such chapter; to amend chapter 222 of the laws
of 1994 constituting the family protection and domestic violence
intervention act of 1994, in relation to extending the expiration of
certain provisions of the criminal procedure law requiring the arrest
of certain persons engaged in family violence; to amend chapter 505 of
the laws of 1985, amending the criminal procedure law relating to the
use of closed-circuit television and other protective measures for
certain child witnesses, in relation to extending the expiration of
the provisions thereof; to amend chapter 3 of the laws of 1995, enact-
ing the sentencing reform act of 1995, in relation to extending the
expiration of certain provisions of such chapter; to amend chapter 689
of the laws of 1993 amending the criminal procedure law relating to
electronic court appearance in certain counties, in relation to
extending the effective date thereof; to amend chapter 688 of the laws
of 2003, amending the executive law relating to enacting the inter-
state compact for adult offender supervision, in relation to making
certain provisions of such chapter permanent; to amend part H of chap-
ter 56 of the laws of 2009, amending the correction law relating to
limiting the closing of certain correctional facilities, providing for
S. 2605--B 3 A. 3005--B
the custody by the department of correctional services of inmates
serving definite sentences, providing for custody of federal prisoners
and requiring the closing of certain correctional facilities, in
relation to the effectiveness of such chapter; and to amend section 3
of part C of chapter 152 of the laws of 2001, amending the military
law relating to military funds of the organized militia, in relation
to the effectiveness thereof (Part E); to amend chapter 503 of the
laws of 2009, relating to the disposition of monies recovered by coun-
ty district attorneys before the filing of an accusatory instrument,
in relation to the effectiveness thereof (Part F); to amend the
retirement and social security law and the education law, in relation
to pension contributions paid by local governments and school
districts beginning in the 2013-14 fiscal year and certain fiscal
years thereafter (Part G); to amend the civil service law, in relation
to the reimbursement of medicare premium charges (Part H); to amend
the state finance law, in relation to creating a new New York state
gaming commission account (Part I); to amend the tax law, in relation
to reducing purse amounts paid from the VLT program (Part J); to amend
the state finance law, in relation to reforming the local government
citizens re-organization empowerment grant program and the local
government efficiency grant program (Part K); providing for the elimi-
nation of burdensome reporting requirements imposed on school
districts and local governments (Part L); to provide for the adminis-
tration of certain funds and accounts related to the 2013-14 budget;
authorizing certain payments and transfers; to amend chapter 59 of the
laws of 2012, relating to providing for administration of certain
funds and accounts related to the 2013-2014 budget, in relation to the
effectiveness thereof; to amend the state finance law, in relation to
school tax relief fund; to amend chapter 60 of the laws of 2011,
amending the state finance law relating to disbursements from the
tribal-state compact revenue account to certain municipalities, in
relation to the availability of moneys; to amend the New York state
medical care facilities finance agency act, in relation to the deposit
of certain funds; to amend the state finance law, in relation to the
issuance of revenue bonds; to amend the public authorities law, in
relation to the number of directors required for approval of a resol-
ution authorizing the issuance of bonds or notes; to amend the New
York state urban development corporation act, in relation to funding
project costs for certain capital projects; to amend chapter 61 of the
laws of 2005, relating to providing for the administration of certain
funds and accounts related to the 2005-2006 budget, in relation to the
Division of Military and Naval Affairs Capital Projects; to amend
chapter 389 of the laws of 1997, relating to the financing of the
correctional facilities improvement fund and the youth facility
improvement fund, in relation to the issuance of bonds; to amend the
private housing finance law, in relation to housing program bonds and
notes; to amend chapter 329 of the laws of 1991, amending the state
finance law and other laws relating to the establishment of the dedi-
cated highway and bridge trust fund, in relation to the issuance of
bonds; to amend the public authorities law, in relation to courthouse
improvements and training facilities, metropolitan transportation
authority facilities, peace bridge projects and issuance of bonds by
the dormitory authority; to amend chapter 61 of the laws of 2005,
providing for the administration of certain funds and accounts related
to the 2005-2006 budget, in relation to issuance of bonds by the urban
development corporation; to amend the New York state urban development
S. 2605--B 4 A. 3005--B
corporation act, in relation to projects for retention of professional
football in western New York; to amend the public authorities law, in
relation to the cleaner, greener communities program; to amend the
state finance law, in relation to establishing the sales tax revenue
bond tax fund and providing for the deposit of revenues therefrom,
establishing the sales tax revenue bond financing program; to amend
the tax law, in relation to deposit and disposition of revenue; to
amend the state finance law, in relation to establishing the New York
state transformative capital fund; to amend the New York state urban
development corporation act, in relation to authorizing the urban
development corporation to issue bonds to fund project costs for the
implementation of a NY-CUNY challenge grant program; to amend chapter
260 of the laws of 2011 amending the education law and the New York
state urban development corporation act relating to establishing
components of the NY-SUNY 2020 challenge grant program, in relation to
the effectiveness thereof; to amend the public authorities law, in
relation to dormitories at certain educational institutions other than
state operated institutions and statutory or contract colleges under
the jurisdiction of the state university of New York; to amend chapter
81 of the laws of 2002, providing for the administration of certain
funds and accounts related to the 2002-2003 budget, in relation to
increasing the aggregate amount of bonds to be issued by the New York
state urban development corporation; to amend the public authorities
law, in relation to financing of New York works transportation capital
projects; and providing for the repeal of certain provisions upon
expiration thereof (Part M); to amend the executive law, the state
technology law and the general business law, in relation to providing
for the consolidation of certain information technology staff and
services within the office of information technology services; and to
repeal section 715 of the executive law, relating to the office of
cyber security (Part N); to amend the workers' compensation law, in
relation to changing the composition of the board's practice commit-
tees and to permitting a single arbitrator process; to amend the work-
ers' compensation law, in relation to the collection of assessments
for annual expenses and the investment of surplus or reserve; in
relation to the representation of funds; in relation to closing the
fund for reopened cases; in relation to the termination of payments
into the aggregate trust fund; in relation to administration expenses
for the state insurance fund; in relation to requiring self-insured
municipal groups and county treasurers to provide certain financial
information to the workers' compensation board; to amend the workers'
compensation law and the public authorities law, in relation to
authorizing the workers' compensation board and the dormitory authori-
ty to enter into a self-insured bond financing agreement; to amend the
volunteer firefighters' benefit law and the volunteer ambulance work-
ers' benefit law, in relation to the payment of benefits and to the
assessment of expenses; to amend the public officers law, in relation
to indemnification of state officers and employees; and repealing
certain provisions of the workers' compensation law, the volunteer
firefighters' benefit law and the volunteer ambulance workers' benefit
law relating to assessments for expenses, and relating to the location
of the workers' compensation board (Part O); to amend the state
finance law, in relation to increasing discretionary thresholds for
procurement of food commodities (Part P); to amend the executive law,
in relation to including school districts and boards of cooperative
educational services in the intrastate mutual aid program (Part Q); to
S. 2605--B 5 A. 3005--B
amend the public officers law, in relation to exempting certain state
employees from the two-year and lifetime bars (Part R); to amend chap-
ter 56 of the laws of 2011 relating to permitting authorized state
entities to utilize the design-build method for infrastructure
projects, in relation to the definition of authorized state entities
(Part S); to amend the public lands law, in relation to state aid on
certain state leased or state-owned land (Part T); authorizing a pilot
program for indigent legal services for counsel at arraignment; and
providing for the repeal of such provisions upon the expiration there-
of (Part U); and to amend the executive law, in relation to emergency
alerts (Part V)
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 2013-2014
state fiscal year. Each component is wholly contained within a Part
identified as Parts A through V. The effective date for each particular
provision contained within such Part is set forth in the last section of
such Part. Any provision in any section contained within a Part, includ-
ing the effective date of the Part, which makes reference to a section
"of this act", when used in connection with that particular component,
shall be deemed to mean and refer to the corresponding section of the
Part in which it is found. Section three of this act sets forth the
general effective date of this act.
PART A
Section 1. Notwithstanding the provisions of sections 79-a and 79-b of
the correction law, the governor is authorized to close the Bayview and
Beacon correctional facilities of the department of corrections and
community supervision, in state fiscal year 2013-14, as he determines to
be necessary for the cost-effective and efficient operation of the
correctional system, provided that the governor provides at least 60
days notice prior to any such closures to the temporary president of the
senate and the speaker of the assembly.
S 2. This act shall take effect April 1, 2013 and shall expire and be
deemed repealed March 31, 2014.
PART B
Section 1. Notwithstanding any inconsistent provision of law to the
contrary, the urban development corporation is authorized to transfer
and convey to the Thomas Mott Osborne Memorial Fund, Inc. its right,
title, and interest in the lands and improvements known as the Fulton
Correctional Facility and further described in section two of this act.
The conveyance shall be made upon such terms and conditions, as the
board of directors of the urban development corporation may, in its
discretion, fix and determine. The commissioner of general services and
the commissioner of the department of corrections and community super-
vision are hereby empowered to enter into such contractual agreements
with the corporation and its subsidiaries to effect the transfer and
conveyance and do all things necessary to carry out the provisions of
this act.
S. 2605--B 6 A. 3005--B
S 2. The lands to be conveyed pursuant to section one of this act are
situated in the city of New York, county of Bronx, and are generally
described as follows:
Parcel I
All that piece or parcel of land lying and being in the Borough and
County of the Bronx, City and State of New York, and being all of Lot
No. 30, Block 2928, and being more particularly described as follows:
Beginning at the intersection of the northerly line of E. 171st
Street, and the westerly line of Fulton Avenue, thence westerly along
the northerly line of E. 171st Street, 115.32 feet to the easterly line
of Lot 33; thence northerly along the last mentioned lot line 71.90 feet
to the intersection of the southerly line of Lot 29; thence easterly
along the last mentioned lot line, 106.08 feet to its intersection with
the said westerly line of Fulton Ave.; thence southerly along the said
westerly line of Fulton Avenue 80.00 feet to the point or place of
beginning.
Parcel II
All that piece or parcel of land lying and being in the Borough and
County of the Bronx, City and State of New York, and being all of Lot
No. 33, Block 2928, and being more particularly described as follows:
Beginning at the intersection of the northerly line of E. 171st
Street, and the westerly line of Lot 30, said point being 115.32 feet
westerly from the intersection of the northerly line of E. 171st Street,
and the westerly line of Fulton Avenue; thence South 88° 21' 50" West,
along the northerly line of E. 171st Street, a distance of 75.86 feet
to a point, said point being 175.21 feet distant easterly, measured
along the northerly line of E. 171st Street from the corner formed by
the intersection of the easterly line of 3rd Avenue and the northerly
line of E. 171st Street; thence North 01° 11' 27" East, and parallel
with 3rd Avenue 141.75 feet to a point; thence North 84° 03' 45" East, a
distance of 50.38 feet to a point; thence South 01° 11' 27" West, and
parallel to 3rd Avenue, 25.19 feet to a point; thence North 84° 03' 45"
East, 25.99 feet to a point; thence South 01° 11' 27" West, and parallel
to 3rd Avenue, 122.30 feet to the point or place of beginning.
S 3. Notwithstanding the foregoing, the authorization to convey the
Fulton Correctional Facility shall be subject to the condition precedent
that such conveyance shall not impair or result in any diminution of the
obligations to holders of any bonds which financed, refinanced or are
secured by correctional facilities (or payments in respect thereof),
including the Fulton Correctional Facility, and shall not adversely
affect any exemption of interest on such bonds from federal income tax.
S 4. The description in section two of this act is not intended to be
a legal description but is intended to identify the parcel to be
conveyed. As a condition of the purchase, the Thomas Mott Osborne Memo-
rial Fund, Inc. may submit to the urban development corporation for
approval, an accurate survey and description of the lands to be
conveyed, which may be used in the conveyance thereof.
S 5. Any lands transferred pursuant to this act shall be used for the
purpose of providing opportunities for individuals in conflict with the
law through reform and rehabilitation programs, alternatives to incar-
ceration and re-entry, for providing services to persons affected by
crime and/or incarceration, and for related community activities, and
upon termination of such use, title to the lands so transferred shall
revert to the state of New York.
S 6. The board of directors of the urban development corporation shall
not transfer and convey said lands unless application is made therefor
S. 2605--B 7 A. 3005--B
by the Thomas Mott Osborne Memorial Fund, Inc. within one year after the
effective date of this act.
S 7. This act shall take effect immediately.
PART C
Section 1. Section 1101 of the vehicle and traffic law is REPEALED.
S 2. Section 1180 of the vehicle and traffic law is amended by adding
a new subdivision (i) to read as follows:
(I) IN ANY CASE WHEREIN THE CHARGE LAID BEFORE THE COURT ALLEGES A
VIOLATION OF SUBDIVISION (B), (C), (D), (F), OR (G) OF THIS SECTION AND
THE SPEED UPON WHICH THE CHARGE IS BASED EXCEEDS THE APPLICABLE SPEED
LIMIT BY MORE THAN TWENTY MILES PER HOUR, ANY PLEA OF GUILTY THEREAFTER
ENTERED IN SATISFACTION OF SUCH CHARGE MUST INCLUDE, AT A MINIMUM, A
PLEA OF GUILTY TO A VIOLATION OF THIS CHAPTER OR OF ANY ORDINANCE, RULE
OR REGULATION ADOPTED PURSUANT TO THIS CHAPTER FOR WHICH POINTS ARE
ASSIGNED PURSUANT TO THE REGULATIONS OF THE COMMISSIONER; PROVIDED,
HOWEVER, THAT, IF THE DISTRICT ATTORNEY, UPON REVIEWING THE AVAILABLE
EVIDENCE, DETERMINES THAT THE CHARGE OF A VIOLATION OF SUBDIVISION (B),
(C), (D), (F) OR (G) OF THIS SECTION IS NOT WARRANTED, SUCH DISTRICT
ATTORNEY MAY CONSENT TO, AND THE COURT MAY ALLOW, A DISPOSITION BY PLEA
OF GUILTY TO ANOTHER CHARGE. IN ALL SUCH CASES, THE COURT SHALL SET
FORTH UPON THE RECORD THE BASIS FOR SUCH DISPOSITION.
S 3. Subdivision 4 of section 1225-c of the vehicle and traffic law,
as added by chapter 69 of the laws of 2001, is amended to read as
follows:
4. A violation of subdivision two of this section shall be a traffic
infraction and shall be punishable by a fine of not LESS THAN FIFTY
DOLLARS NOR more than one hundred FIFTY dollars UPON CONVICTION OF A
FIRST VIOLATION; UPON CONVICTION OF A SECOND VIOLATION, BOTH OF WHICH
WERE COMMITTED WITHIN A PERIOD OF FIVE YEARS, SUCH VIOLATION SHALL BE
PUNISHED BY A FINE OF NOT LESS THAN TWO HUNDRED DOLLARS NOR MORE THAN
THREE HUNDRED FIFTY DOLLARS; UPON CONVICTION OF A THIRD OR SUBSEQUENT
VIOLATION, ALL OF WHICH WERE COMMITTED WITHIN A PERIOD OF FIVE YEARS,
SUCH VIOLATION SHALL BE PUNISHED BY A FINE OF NOT LESS THAN FOUR HUNDRED
DOLLARS NOR MORE THAN FIVE HUNDRED FIFTY DOLLARS.
S 4. Subdivision 6 of section 1225-d of the vehicle and traffic law,
as amended by chapter 109 of the laws of 2011, is amended to read as
follows:
6. A violation of this section shall be a traffic infraction and shall
be punishable by a fine of not LESS THAN FIFTY DOLLARS NOR more than one
hundred fifty dollars[.]UPON CONVICTION OF A FIRST VIOLATION; UPON
CONVICTION OF A SECOND VIOLATION, BOTH OF WHICH WERE COMMITTED WITHIN A
PERIOD OF FIVE YEARS, SUCH VIOLATION SHALL BE PUNISHED BY A FINE OF NOT
LESS THAN TWO HUNDRED DOLLARS NOR MORE THAN THREE HUNDRED FIFTY DOLLARS;
UPON CONVICTION OR A THIRD OR SUBSEQUENT VIOLATION, ALL OF WHICH WERE
COMMITTED WITHIN A PERIOD OF FIVE YEARS, SUCH VIOLATION SHALL BE
PUNISHED BY A FINE OF NOT LESS THAN FOUR HUNDRED DOLLARS NOR MORE THAN
FIVE HUNDRED FIFTY DOLLARS.
S 5. Subdivision 1 of section 1809 of the vehicle and traffic law, as
amended by section 2 of part DD of chapter 56 of the laws of 2008, the
opening paragraph and paragraph (c) as amended by section 10 of part II
of chapter 59 of the laws of 2010, is amended to read as follows:
1. Whenever proceedings in an administrative tribunal or a court of
this state result in a conviction for an offense under this chapter or a
traffic infraction under this chapter, or a local law, ordinance, rule
S. 2605--B 8 A. 3005--B
or regulation adopted pursuant to this chapter, other than a traffic
infraction involving standing, stopping, or parking EXCEPT THOSE SET
FORTH IN SECTIONS TWELVE HUNDRED, TWELVE HUNDRED ONE AND TWELVE HUNDRED
TWO OF THIS CHAPTER, or violations by pedestrians or bicyclists, or
other than an adjudication of liability of an owner for a violation of
subdivision (d) of section eleven hundred eleven of this chapter in
accordance with section eleven hundred eleven-a of this chapter, or
other than an adjudication of liability of an owner for a violation of
subdivision (d) of section eleven hundred eleven of this chapter in
accordance with section eleven hundred eleven-b of this chapter, or
other than an adjudication in accordance with section eleven hundred
eleven-c of this chapter for a violation of a bus lane restriction as
defined in such section, there shall be levied a crime victim assistance
fee and a mandatory surcharge, in addition to any sentence required or
permitted by law, in accordance with the following schedule:
(a) Whenever proceedings in an administrative tribunal or a court of
this state result in a conviction for a traffic infraction pursuant to
article nine of this chapter, there shall be levied a crime victim
assistance fee in the amount of five dollars and a mandatory surcharge,
in addition to any sentence required or permitted by law, in the amount
of twenty-five dollars.
(b) Whenever proceedings in an administrative tribunal or a court of
this state result in a conviction for a misdemeanor or felony pursuant
to section eleven hundred ninety-two of this chapter, there shall be
levied, in addition to any sentence required or permitted by law, a
crime victim assistance fee in the amount of twenty-five dollars and a
mandatory surcharge in accordance with the following schedule:
(i) a person convicted of a felony shall pay a mandatory surcharge of
three hundred dollars;
(ii) a person convicted of a misdemeanor shall pay a mandatory
surcharge of one hundred seventy-five dollars.
(c) Whenever proceedings in an administrative tribunal or a court of
this state result in a conviction for an offense under this chapter
other than a crime pursuant to section eleven hundred ninety-two of this
chapter, or a traffic infraction under this chapter, or a local law,
ordinance, rule or regulation adopted pursuant to this chapter, other
than a traffic infraction involving standing, stopping, or parking,
EXCEPT THOSE SET FORTH IN SECTION TWELVE HUNDRED, TWELVE HUNDRED ONE OR
TWELVE HUNDRED TWO OF THIS CHAPTER or violations by pedestrians or bicy-
clists, or other than an adjudication of liability of an owner for a
violation of subdivision (d) of section eleven hundred eleven of this
chapter in accordance with section eleven hundred eleven-a of this chap-
ter, or other than an adjudication of liability of an owner for a
violation of subdivision (d) of section eleven hundred eleven of this
chapter in accordance with section eleven hundred eleven-b of this chap-
ter, or other than an infraction pursuant to article nine of this chap-
ter or other than an adjudication of liability of an owner for a
violation of toll collection regulations pursuant to section two thou-
sand 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 than an adjudication in
accordance with section eleven hundred eleven-c of this chapter for a
violation of a bus lane restriction as defined in such section, there
shall be levied a crime victim assistance fee in the amount of five
dollars and a mandatory surcharge, in addition to any sentence required
or permitted by law, in the amount of fifty-five dollars.
S. 2605--B 9 A. 3005--B
S 6. Subdivision 1 of section 1809 of the vehicle and traffic law, as
amended by section 10-a of part II of chapter 59 of the laws of 2010, is
amended to read as follows:
1. Whenever proceedings in an administrative tribunal or a court of
this state result in a conviction for a crime under this chapter or a
traffic infraction under this chapter, or a local law, ordinance, rule
or regulation adopted pursuant to this chapter, other than a traffic
infraction involving standing, stopping, parking EXCEPT THOSE SET FORTH
IN SECTIONS TWELVE HUNDRED, TWELVE HUNDRED ONE AND TWELVE HUNDRED TWO OF
THIS CHAPTER, or motor vehicle equipment or violations by pedestrians or
bicyclists, or other than an adjudication of liability of an owner for a
violation of subdivision (d) of section eleven hundred eleven of this
chapter in accordance with section eleven hundred eleven-a of this chap-
ter, or other than an adjudication of liability of an owner for a
violation of subdivision (d) of section eleven hundred eleven of this
chapter in accordance with section eleven hundred eleven-b of this chap-
ter, or other than an adjudication in accordance with section eleven
hundred eleven-c of this chapter for a violation of a bus lane
restriction as defined in such section, there shall be levied a mandato-
ry surcharge, in addition to any sentence required or permitted by law,
in the amount of twenty-five dollars.
S 7. Subdivision 1 of section 1809 of the vehicle and traffic law, as
amended by section 10-b of part II of chapter 59 of the laws of 2010, is
amended to read as follows:
1. Whenever proceedings in an administrative tribunal or a court of
this state result in a conviction for a crime under this chapter or a
traffic infraction under this chapter other than a traffic infraction
involving standing, stopping, parking EXCEPT THOSE SET FORTH IN SECTIONS
TWELVE HUNDRED, TWELVE HUNDRED ONE AND TWELVE HUNDRED TWO OF THIS CHAP-
TER, or motor vehicle equipment or violations by pedestrians or bicy-
clists, or other than an adjudication in accordance with section eleven
hundred eleven-c of this chapter for a violation of a bus lane
restriction as defined in such section, there shall be levied a mandato-
ry surcharge, in addition to any sentence required or permitted by law,
in the amount of seventeen dollars.
S 8. Subdivision 1 of section 1809 of the vehicle and traffic law, as
separately amended by chapter 16 of the laws of 1983 and chapter 62 of
the laws of 1989, is amended to read as follows:
1. Whenever proceedings in an administrative tribunal or a court of
this state result in a conviction for a crime under this chapter or a
traffic infraction under this chapter other than a traffic infraction
involving standing, stopping, parking EXCEPT THOSE SET FORTH IN SECTIONS
TWELVE HUNDRED, TWELVE HUNDRED ONE AND TWELVE HUNDRED TWO OF THIS CHAP-
TER, or motor vehicle equipment or violations by pedestrians or bicy-
clists, there shall be levied a mandatory surcharge, in addition to any
sentence required or permitted by law, in the amount of seventeen
dollars.
S 9. Paragraph a of subdivision 1 of section 1809-e of the vehicle and
traffic law, as amended by section 11 of part II of chapter 59 of the
laws of 2010, is amended to read as follows:
a. Notwithstanding any other provision of law, whenever proceedings in
a court or an administrative tribunal of this state result in a
conviction for an offense under this chapter, except a conviction pursu-
ant to section eleven hundred ninety-two of this chapter, or for a traf-
fic infraction under this chapter, or a local law, ordinance, rule or
regulation adopted pursuant to this chapter, except a traffic infraction
S. 2605--B 10 A. 3005--B
involving standing, stopping, or parking, OTHER THAN THOSE SET FORTH IN
SECTIONS TWELVE HUNDRED, TWELVE HUNDRED ONE AND TWELVE HUNDRED TWO, or
violations by pedestrians or bicyclists, and except an adjudication of
liability of an owner for a violation of subdivision (d) of section
eleven hundred eleven of this chapter in accordance with section eleven
hundred eleven-a of this chapter, and except an adjudication of liabil-
ity of an owner for a violation of subdivision (d) of section eleven
hundred eleven of this chapter in accordance with section eleven hundred
eleven-b of this chapter, and except an adjudication in accordance with
section eleven hundred eleven-c of this chapter of a violation of a bus
lane restriction as defined in such section, and except an adjudication
of liability of an owner for a violation of toll collection regulations
pursuant to section two thousand nine hundred eighty-five of the public
authorities law or sections sixteen-a, sixteen-b and sixteen-c of chap-
ter seven hundred seventy-four of the laws of nineteen hundred fifty,
there shall be levied in addition to any sentence, penalty or other
surcharge required or permitted by law, an additional surcharge of twen-
ty dollars.
S 10. Paragraph a of subdivision 1 of section 1809-e of the vehicle
and traffic law, as amended by section 11-a of part II of chapter 59 of
the laws of 2010, is amended to read as follows:
a. Notwithstanding any other provision of law, whenever proceedings in
a court or an administrative tribunal of this state result in a
conviction for an offense under this chapter, except a conviction pursu-
ant to section eleven hundred ninety-two of this chapter, or for a traf-
fic infraction under this chapter, or a local law, ordinance, rule or
regulation adopted pursuant to this chapter, except a traffic infraction
involving standing, stopping, or parking, OTHER THAN THOSE SET FORTH IN
SECTIONS TWELVE HUNDRED, TWELVE HUNDRED ONE AND TWELVE HUNDRED TWO, or
violations by pedestrians or bicyclists, and except an adjudication of
liability of an owner for a violation of subdivision (d) of section
eleven hundred eleven of this chapter in accordance with section eleven
hundred eleven-a of this chapter, and except an adjudication in accord-
ance with section eleven hundred eleven-c of this chapter of a violation
of a bus lane restriction as defined in such section, and except an
adjudication of liability of an owner for a violation of toll collection
regulations pursuant to 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, there shall be levied in addition to any sentence, penal-
ty or other surcharge required or permitted by law, an additional
surcharge of twenty dollars.
S 11. Paragraph a of subdivision 1 of section 1809-e of the vehicle
and traffic law, as amended by section 1 of part EE of chapter 56 of the
laws of 2008, is amended to read as follows:
a. Notwithstanding any other provision of law, whenever proceedings in
a court or an administrative tribunal of this state result in a
conviction for an offense under this chapter, except a conviction pursu-
ant to section eleven hundred ninety-two of this chapter, or for a traf-
fic infraction under this chapter, or a local law, ordinance, rule or
regulation adopted pursuant to this chapter, except a traffic infraction
involving standing, stopping, or parking, OTHER THAN THOSE SET FORTH IN
SECTIONS TWELVE HUNDRED, TWELVE HUNDRED ONE AND TWELVE HUNDRED TWO, or
violations by pedestrians or bicyclists, and except an adjudication of
liability of an owner for a violation of subdivision (d) of section
eleven hundred eleven of this chapter in accordance with section eleven
S. 2605--B 11 A. 3005--B
hundred eleven-a of this chapter, and except an adjudication of liabil-
ity of an owner for a violation of toll collection regulations pursuant
to section two thousand nine hundred eighty-five of the public authori-
ties law or sections sixteen-a, sixteen-b and sixteen-c of chapter seven
hundred seventy-four of the laws of nineteen hundred fifty, there shall
be levied in addition to any sentence, penalty or other surcharge
required or permitted by law, an additional surcharge of twenty dollars.
S 12. Subdivision 3-a of section 121 of the state finance law, as
added by section 16 of part J of chapter 62 of the laws of 2003, is
amended to read as follows:
3-a. [On or before the twentieth day of October in each year commenc-
ing with the twentieth of October, two thousand three, the] THE comp-
troller shall determine the difference between: (a) the aggregate
receipts derived by the state from mandatory surcharges collected by an
administrative tribunal or a town or village justice court pursuant to
section eighteen hundred nine of the vehicle and traffic law during the
[preceding] year ending September thirtieth, TWO THOUSAND TWELVE and (b)
the aggregate receipts derived by the state from such mandatory
surcharge collected by an administrative tribunal or a town or a village
justice court in accordance with the provisions of section eighteen
hundred nine of the vehicle and traffic law in effect immediately prior
to April first, two thousand three during the preceding year ending
September thirtieth. Such difference shall be thereupon transferred
ANNUALLY by the comptroller to the credit of the indigent legal services
fund established by section ninety-eight-b of this chapter.
S 13. This act shall take effect on the sixtieth day after it shall
have become a law and shall apply to violations committed on or after
such date, provided however, that:
(a) the amendments to subdivision 1 of section 1809 of the vehicle and
traffic law made by section five of this act shall be subject to the
expiration and reversion of such subdivision, when upon such date
section six of this act shall take effect; and
(b) the amendments to subdivision 1 of section 1809 of the vehicle and
traffic law made by section six of this act shall be subject to the
expiration and reversion of such subdivision, when upon such date
section seven of this act shall take effect; and
(c) the amendments to subdivision 1 of section 1809 of the vehicle and
traffic law made by section seven of this act shall be subject to the
expiration and reversion of such subdivision, when upon such date
section eight of this act shall take effect;
(d) the amendments to paragraph a of subdivision 1 of section 1809-e
of the vehicle and traffic law made by section nine of this act shall be
subject to the expiration and reversion of such paragraph, when upon
such date section ten of this act shall take effect; and
(e) the amendments to paragraph a of subdivision 1 of section 1809-e
of the vehicle and traffic law made by section ten of this act shall be
subject to the expiration and reversion of such paragraph, when upon
such date section eleven of this act shall take effect.
PART D
Section 1. The executive law is amended by adding a new article 38 to
read as follows:
ARTICLE 38
NATIONAL CRIME PREVENTION AND PRIVACY COMPACT
SECTION 850. ENACTMENT OF COMPACT.
S. 2605--B 12 A. 3005--B
S 850. ENACTMENT OF COMPACT. THE NATIONAL CRIME PREVENTION AND PRIVACY
COMPACT IS HEREBY ENACTED INTO LAW AND ENTERED INTO WITH ALL OTHER
JURISDICTIONS LEGALLY JOINING THEREIN IN THE FORM SUBSTANTIALLY AS
FOLLOWS:
THE CONTRACTING PARTIES AGREE TO THE FOLLOWING:
NATIONAL CRIME PREVENTION AND PRIVACY COMPACT
ARTICLE I. DEFINITIONS.
ARTICLE II. PURPOSES.
ARTICLE III. RESPONSIBILITIES OF COMPACT PARTIES.
ARTICLE IV. AUTHORIZED RECORD DISCLOSURES.
ARTICLE V. RECORD REQUEST PROCEDURES.
ARTICLE VI. ESTABLISHMENT OF COMPACT COUNCIL.
ARTICLE VII. RATIFICATION OF COMPACT.
ARTICLE VIII. MISCELLANEOUS PROVISIONS.
ARTICLE IX. RENUNCIATION.
ARTICLE X. SEVERABILITY.
ARTICLE XI. ADJUDICATION OF DISPUTES.
OVERVIEW
(A) IN GENERAL, THIS COMPACT ORGANIZES AN ELECTRONIC INFORMATION SHAR-
ING SYSTEM AMONG THE FEDERAL GOVERNMENT AND THE STATES TO EXCHANGE CRIM-
INAL HISTORY RECORDS FOR NONCRIMINAL JUSTICE PURPOSES AUTHORIZED BY
FEDERAL OR STATE LAW, SUCH AS BACKGROUND CHECKS FOR GOVERNMENTAL LICENS-
ING AND EMPLOYMENT.
(B) UNDER THIS COMPACT, THE FBI AND THE PARTY STATES AGREE TO MAINTAIN
DETAILED DATABASES OF THEIR RESPECTIVE CRIMINAL HISTORY RECORDS, INCLUD-
ING ARRESTS AND DISPOSITIONS, AND TO MAKE THEM AVAILABLE TO THE FEDERAL
GOVERNMENT AND TO PARTY STATES FOR AUTHORIZED PURPOSES. THE FBI SHALL
ALSO MANAGE THE FEDERAL DATA FACILITIES THAT PROVIDE A SIGNIFICANT PART
OF THE INFRASTRUCTURE FOR THE SYSTEM.
ARTICLE I--DEFINITIONS
AS USED IN THIS COMPACT:
(A) "ATTORNEY GENERAL" MEANS THE ATTORNEY GENERAL OF THE UNITED
STATES.
(B) "COMPACT OFFICER" MEANS:
1. WITH RESPECT TO THE FEDERAL GOVERNMENT, AN OFFICIAL SO DESIGNATED
BY THE DIRECTOR OF THE FBI; AND
2. WITH RESPECT TO A PARTY STATE, THE CHIEF ADMINISTRATOR OF THE
STATE'S CRIMINAL HISTORY RECORD REPOSITORY OR A DESIGNEE OF THE CHIEF
ADMINISTRATOR WHO IS A REGULAR FULL-TIME EMPLOYEE OF THE REPOSITORY.
(C) "COUNCIL" MEANS THE COMPACT COUNCIL ESTABLISHED UNDER ARTICLE VI.
(D) "CRIMINAL HISTORY RECORDS":
1. MEANS INFORMATION COLLECTED BY CRIMINAL JUSTICE AGENCIES ON INDI-
VIDUALS CONSISTING OF IDENTIFIABLE DESCRIPTIONS AND NOTATIONS OF
ARRESTS, DETENTIONS, INDICTMENTS, OR OTHER FORMAL CRIMINAL CHARGES, AND
ANY DISPOSITION ARISING THEREFROM, INCLUDING ACQUITTAL, SENTENCING,
CORRECTIONAL SUPERVISION, OR RELEASE; AND
2. DOES NOT INCLUDE IDENTIFICATION INFORMATION SUCH AS FINGERPRINT
RECORDS IF SUCH INFORMATION DOES NOT INDICATE INVOLVEMENT OF THE INDI-
VIDUAL WITH THE CRIMINAL JUSTICE SYSTEM.
(E) "CRIMINAL HISTORY RECORD REPOSITORY" MEANS THE STATE AGENCY DESIG-
NATED BY THE GOVERNOR OR OTHER APPROPRIATE EXECUTIVE OFFICIAL OR THE
S. 2605--B 13 A. 3005--B
LEGISLATURE OF A STATE TO PERFORM CENTRALIZED RECORDKEEPING FUNCTIONS
FOR CRIMINAL HISTORY RECORDS AND SERVICES IN THE STATE.
(F) "CRIMINAL JUSTICE" INCLUDES ACTIVITIES RELATING TO THE DETECTION,
APPREHENSION, DETENTION, PRETRIAL RELEASE, POST-TRIAL RELEASE, PROSE-
CUTION, ADJUDICATION, CORRECTIONAL SUPERVISION, OR REHABILITATION OF
ACCUSED PERSONS OR CRIMINAL OFFENDERS. THE ADMINISTRATION OF CRIMINAL
JUSTICE INCLUDES CRIMINAL IDENTIFICATION ACTIVITIES AND THE COLLECTION,
STORAGE, AND DISSEMINATION OF CRIMINAL HISTORY RECORDS.
(G) "CRIMINAL JUSTICE AGENCY":
1. MEANS:
A. COURTS; AND
B. A GOVERNMENTAL AGENCY OR ANY SUBUNIT THEREOF THAT:
(I) PERFORMS THE ADMINISTRATION OF CRIMINAL JUSTICE PURSUANT TO A
STATUTE OR EXECUTIVE ORDER; AND
(II) ALLOCATES A SUBSTANTIAL PART OF ITS ANNUAL BUDGET TO THE ADMINIS-
TRATION OF CRIMINAL JUSTICE; AND
2. INCLUDES FEDERAL AND STATE INSPECTORS GENERAL OFFICES.
(H) "CRIMINAL JUSTICE SERVICES" MEANS SERVICES PROVIDED BY THE FBI TO
CRIMINAL JUSTICE AGENCIES IN RESPONSE TO A REQUEST FOR INFORMATION ABOUT
A PARTICULAR INDIVIDUAL OR AS AN UPDATE TO INFORMATION PREVIOUSLY
PROVIDED FOR CRIMINAL JUSTICE PURPOSES.
(I) "CRITERION OFFENSE" MEANS ANY FELONY OR MISDEMEANOR OFFENSE NOT
INCLUDED ON THE LIST OF NONSERIOUS OFFENSES PUBLISHED PERIODICALLY BY
THE FBI.
(J) "DIRECT ACCESS" MEANS ACCESS TO THE NATIONAL IDENTIFICATION INDEX
BY COMPUTER TERMINAL OR OTHER AUTOMATED MEANS NOT REQUIRING THE ASSIST-
ANCE OF OR INTERVENTION BY ANY OTHER PARTY OR AGENCY.
(K) "EXECUTIVE ORDER" MEANS AN ORDER OF THE PRESIDENT OF THE UNITED
STATES OR THE CHIEF EXECUTIVE OFFICER OF A STATE THAT HAS THE FORCE OF
LAW AND THAT IS PROMULGATED IN ACCORDANCE WITH APPLICABLE LAW.
(L) "FBI" MEANS THE FEDERAL BUREAU OF INVESTIGATION.
(M) "INTERSTATE IDENTIFICATION INDEX SYSTEM" OR "III SYSTEM":
1. MEANS THE COOPERATIVE FEDERAL-STATE SYSTEM FOR THE EXCHANGE OF
CRIMINAL HISTORY RECORDS; AND
2. INCLUDES THE NATIONAL IDENTIFICATION INDEX, THE NATIONAL FINGER-
PRINT FILE AND, TO THE EXTENT OF THEIR PARTICIPATION IN SUCH SYSTEM, THE
CRIMINAL HISTORY RECORD REPOSITORIES OF THE STATES AND THE FBI.
(N) "NATIONAL FINGERPRINT FILE" MEANS A DATABASE OF FINGERPRINTS, OR
OTHER UNIQUELY PERSONAL IDENTIFYING INFORMATION, RELATING TO AN ARRESTED
OR CHARGED INDIVIDUAL MAINTAINED BY THE FBI TO PROVIDE POSITIVE IDEN-
TIFICATION OF RECORD SUBJECTS INDEXED IN THE III SYSTEM.
(O) "NATIONAL IDENTIFICATION INDEX" MEANS AN INDEX MAINTAINED BY THE
FBI CONSISTING OF NAMES, IDENTIFYING NUMBERS, AND OTHER DESCRIPTIVE
INFORMATION RELATING TO RECORD SUBJECTS ABOUT WHOM THERE ARE CRIMINAL
HISTORY RECORDS IN THE III SYSTEM.
(P) "NATIONAL INDICES" MEANS THE NATIONAL IDENTIFICATION INDEX AND THE
NATIONAL FINGERPRINT FILE.
(Q) "NONPARTY STATE" MEANS A STATE THAT HAS NOT RATIFIED THIS COMPACT.
(R) "NONCRIMINAL JUSTICE PURPOSES" MEANS USES OF CRIMINAL HISTORY
RECORDS FOR PURPOSES AUTHORIZED BY FEDERAL OR STATE LAW OTHER THAN
PURPOSES RELATING TO CRIMINAL JUSTICE ACTIVITIES, INCLUDING EMPLOYMENT
SUITABILITY, LICENSING DETERMINATIONS, IMMIGRATION AND NATURALIZATION
MATTERS, AND NATIONAL SECURITY CLEARANCES.
(S) "PARTY STATE" MEANS A STATE THAT HAS RATIFIED THIS COMPACT.
(T) "POSITIVE IDENTIFICATION" MEANS A DETERMINATION, BASED UPON A
COMPARISON OF FINGERPRINTS OR OTHER EQUALLY RELIABLE BIOMETRIC IDENTIFI-
S. 2605--B 14 A. 3005--B
CATION TECHNIQUES, THAT THE SUBJECT OF A RECORD SEARCH IS THE SAME
PERSON AS THE SUBJECT OF A CRIMINAL HISTORY RECORD OR RECORDS INDEXED IN
THE III SYSTEM. IDENTIFICATIONS BASED SOLELY UPON A COMPARISON OF
SUBJECTS' NAMES OR OTHER NONUNIQUE IDENTIFICATION CHARACTERISTICS OR
NUMBERS, OR COMBINATIONS THEREOF, SHALL NOT CONSTITUTE POSITIVE IDEN-
TIFICATION.
(U) "SEALED RECORD INFORMATION" MEANS:
1. WITH RESPECT TO ADULTS, THAT PORTION OF A RECORD THAT IS:
A. NOT AVAILABLE FOR CRIMINAL JUSTICE USES;
B. NOT SUPPORTED BY FINGERPRINTS OR OTHER ACCEPTED MEANS OF POSITIVE
IDENTIFICATION; OR
C. SUBJECT TO RESTRICTIONS ON DISSEMINATION FOR NONCRIMINAL JUSTICE
PURPOSES PURSUANT TO A COURT ORDER RELATED TO A PARTICULAR SUBJECT OR
PURSUANT TO A FEDERAL OR STATE STATUTE THAT REQUIRES ACTION ON A SEALING
PETITION FILED BY A PARTICULAR RECORD SUBJECT; AND
2. WITH RESPECT TO JUVENILES, WHATEVER EACH STATE DETERMINES IS A
SEALED RECORD UNDER ITS OWN LAW AND PROCEDURE.
(V) "STATE" MEANS ANY STATE, TERRITORY, OR POSSESSION OF THE UNITED
STATES, THE DISTRICT OF COLUMBIA, AND THE COMMONWEALTH OF PUERTO RICO.
ARTICLE II--PURPOSES
THE PURPOSES OF THIS COMPACT ARE TO:
(A) PROVIDE A LEGAL FRAMEWORK FOR THE ESTABLISHMENT OF A COOPERATIVE
FEDERAL-STATE SYSTEM FOR THE INTERSTATE AND FEDERAL-STATE EXCHANGE OF
CRIMINAL HISTORY RECORDS FOR NONCRIMINAL JUSTICE USES;
(B) REQUIRE THE FBI TO PERMIT USE OF THE NATIONAL IDENTIFICATION INDEX
AND THE NATIONAL FINGERPRINT FILE BY EACH PARTY STATE, AND TO PROVIDE,
IN A TIMELY FASHION, FEDERAL AND STATE CRIMINAL HISTORY RECORDS TO
REQUESTING STATES, IN ACCORDANCE WITH THE TERMS OF THIS COMPACT AND WITH
RULES, PROCEDURES, AND STANDARDS ESTABLISHED BY THE COUNCIL UNDER ARTI-
CLE VI;
(C) REQUIRE PARTY STATES TO PROVIDE INFORMATION AND RECORDS FOR THE
NATIONAL IDENTIFICATION INDEX AND THE NATIONAL FINGERPRINT FILE AND TO
PROVIDE CRIMINAL HISTORY RECORDS, IN A TIMELY FASHION, TO CRIMINAL
HISTORY RECORD REPOSITORIES OF OTHER STATES AND THE FEDERAL GOVERNMENT
FOR NONCRIMINAL JUSTICE PURPOSES, IN ACCORDANCE WITH THE TERMS OF THIS
COMPACT AND WITH RULES, PROCEDURES, AND STANDARDS ESTABLISHED BY THE
COUNCIL UNDER ARTICLE VI;
(D) PROVIDE FOR THE ESTABLISHMENT OF A COUNCIL TO MONITOR III SYSTEM
OPERATIONS AND TO PRESCRIBE SYSTEM RULES AND PROCEDURES FOR THE EFFEC-
TIVE AND PROPER OPERATION OF THE III SYSTEM FOR NONCRIMINAL JUSTICE
PURPOSES; AND
(E) REQUIRE THE FBI AND EACH PARTY STATE TO ADHERE TO III SYSTEM STAN-
DARDS CONCERNING RECORD DISSEMINATION AND USE, RESPONSE TIMES, SYSTEM
SECURITY, DATA QUALITY, AND OTHER DULY ESTABLISHED STANDARDS, INCLUDING
THOSE THAT ENHANCE THE ACCURACY AND PRIVACY OF SUCH RECORDS.
ARTICLE III--RESPONSIBILITIES OF COMPACT PARTIES
(A) THE DIRECTOR OF THE FBI SHALL:
1. APPOINT AN FBI COMPACT OFFICER WHO SHALL:
A. ADMINISTER THIS COMPACT WITHIN THE DEPARTMENT OF JUSTICE AND AMONG
FEDERAL AGENCIES AND OTHER AGENCIES AND ORGANIZATIONS THAT SUBMIT SEARCH
REQUESTS TO THE FBI PURSUANT TO SUBDIVISION (C) OF THIS ARTICLE;
S. 2605--B 15 A. 3005--B
B. ENSURE THAT COMPACT PROVISIONS AND RULES, PROCEDURES, AND STANDARDS
PRESCRIBED BY THE COUNCIL UNDER ARTICLE VI ARE COMPLIED WITH BY THE
DEPARTMENT OF JUSTICE AND THE FEDERAL AGENCIES AND OTHER AGENCIES AND
ORGANIZATIONS REFERRED TO IN SUBPARAGRAPH A OF PARAGRAPH ONE OF SUBDIVI-
SION (A) OF THIS ARTICLE; AND
C. REGULATE THE USE OF RECORDS RECEIVED BY MEANS OF THE III SYSTEM
FROM PARTY STATES WHEN SUCH RECORDS ARE SUPPLIED BY THE FBI DIRECTLY TO
OTHER FEDERAL AGENCIES;
2. PROVIDE TO FEDERAL AGENCIES AND TO STATE CRIMINAL HISTORY RECORD
REPOSITORIES, CRIMINAL HISTORY RECORDS MAINTAINED IN ITS DATABASE FOR
THE NONCRIMINAL JUSTICE PURPOSES DESCRIBED IN ARTICLE IV, INCLUDING:
A. INFORMATION FROM NONPARTY STATES; AND
B. INFORMATION FROM PARTY STATES THAT IS AVAILABLE FROM THE FBI
THROUGH THE III SYSTEM, BUT IS NOT AVAILABLE FROM THE PARTY STATE
THROUGH THE III SYSTEM;
C. PROVIDE A TELECOMMUNICATIONS NETWORK AND MAINTAIN CENTRALIZED
FACILITIES FOR THE EXCHANGE OF CRIMINAL HISTORY RECORDS FOR BOTH CRIMI-
NAL JUSTICE PURPOSES AND THE NONCRIMINAL JUSTICE PURPOSES DESCRIBED IN
ARTICLE IV, AND ENSURE THAT THE EXCHANGE OF SUCH RECORDS FOR CRIMINAL
JUSTICE PURPOSES HAS PRIORITY OVER EXCHANGE FOR NONCRIMINAL JUSTICE
PURPOSES; AND
D. MODIFY OR ENTER INTO USER AGREEMENTS WITH NONPARTY STATE CRIMINAL
HISTORY RECORD REPOSITORIES TO REQUIRE THEM TO ESTABLISH RECORD REQUEST
PROCEDURES CONFORMING TO THOSE PRESCRIBED IN ARTICLE V.
(B) EACH PARTY STATE SHALL:
1. APPOINT A COMPACT OFFICER WHO SHALL:
A. ADMINISTER THIS COMPACT WITHIN THAT STATE;
B. ENSURE THAT COMPACT PROVISIONS AND RULES, PROCEDURES, AND STANDARDS
ESTABLISHED BY THE COUNCIL UNDER ARTICLE VI ARE COMPLIED WITH IN THE
STATE; AND
C. REGULATE THE IN-STATE USE OF RECORDS RECEIVED BY MEANS OF THE III
SYSTEM FROM THE FBI OR FROM OTHER PARTY STATES;
2. ESTABLISH AND MAINTAIN A CRIMINAL HISTORY RECORD REPOSITORY, WHICH
SHALL PROVIDE:
A. INFORMATION AND RECORDS FOR THE NATIONAL IDENTIFICATION INDEX AND
THE NATIONAL FINGERPRINT FILE; AND
B. THE STATE'S III SYSTEM-INDEXED CRIMINAL HISTORY RECORDS FOR
NONCRIMINAL JUSTICE PURPOSES DESCRIBED IN ARTICLE IV; AND
C. PARTICIPATE IN THE NATIONAL FINGERPRINT FILE; AND
D. PROVIDE AND MAINTAIN TELECOMMUNICATIONS LINKS AND RELATED EQUIPMENT
NECESSARY TO SUPPORT THE SERVICES SET FORTH IN THIS COMPACT.
(C) COMPLIANCE WITH III SYSTEM STANDARDS. IN CARRYING OUT THEIR
RESPONSIBILITIES UNDER THIS COMPACT, THE FBI AND EACH PARTY STATE SHALL
COMPLY WITH III SYSTEM RULES, PROCEDURES, AND STANDARDS DULY ESTABLISHED
BY THE COUNCIL CONCERNING RECORD DISSEMINATION AND USE, RESPONSE TIMES,
DATA QUALITY, SYSTEM SECURITY, ACCURACY, PRIVACY PROTECTION, AND OTHER
ASPECTS OF III SYSTEM OPERATION.
(D) 1. USE OF THE III SYSTEM FOR NONCRIMINAL JUSTICE PURPOSES AUTHOR-
IZED IN THIS COMPACT SHALL BE MANAGED SO AS NOT TO DIMINISH THE LEVEL OF
SERVICES PROVIDED IN SUPPORT OF CRIMINAL JUSTICE PURPOSES.
2. ADMINISTRATION OF COMPACT PROVISIONS SHALL NOT REDUCE THE LEVEL OF
SERVICE AVAILABLE TO AUTHORIZED NONCRIMINAL JUSTICE USERS ON THE EFFEC-
TIVE DATE OF THIS COMPACT.
ARTICLE IV--AUTHORIZED RECORD DISCLOSURES
S. 2605--B 16 A. 3005--B
(A) STATE CRIMINAL HISTORY RECORD REPOSITORIES. TO THE EXTENT AUTHOR-
IZED BY SECTION FIVE HUNDRED FIFTY-TWO-A OF TITLE FIVE OF THE UNITED
STATES CODE, (COMMONLY KNOWN AS THE "PRIVACY ACT OF 1974"), THE FBI
SHALL PROVIDE ON REQUEST CRIMINAL HISTORY RECORDS (EXCLUDING SEALED
RECORDS) TO STATE CRIMINAL HISTORY RECORD REPOSITORIES FOR NONCRIMINAL
JUSTICE PURPOSES ALLOWED BY FEDERAL STATUTE, FEDERAL EXECUTIVE ORDER, OR
A STATE STATUTE THAT HAS BEEN APPROVED BY THE ATTORNEY GENERAL AND THAT
AUTHORIZES NATIONAL INDICES CHECKS.
(B) THE FBI, TO THE EXTENT AUTHORIZED BY SECTION FIVE HUNDRED
FIFTY-TWO-A OF TITLE FIVE OF THE UNITED STATES CODE, (COMMONLY KNOWN AS
THE "PRIVACY ACT OF 1974"), AND STATE CRIMINAL HISTORY RECORD REPOSITO-
RIES SHALL PROVIDE CRIMINAL HISTORY RECORDS (EXCLUDING SEALED RECORDS)
TO CRIMINAL JUSTICE AGENCIES AND OTHER GOVERNMENTAL OR NONGOVERNMENTAL
AGENCIES FOR NONCRIMINAL JUSTICE PURPOSES ALLOWED BY FEDERAL STATUTE,
FEDERAL EXECUTIVE ORDER, OR A STATE STATUTE THAT HAS BEEN APPROVED BY
THE ATTORNEY GENERAL, THAT AUTHORIZES NATIONAL INDICES CHECKS.
(C) ANY RECORD OBTAINED UNDER THIS COMPACT MAY BE USED ONLY FOR THE
OFFICIAL PURPOSES FOR WHICH THE RECORD WAS REQUESTED. EACH COMPACT OFFI-
CER SHALL ESTABLISH PROCEDURES, CONSISTENT WITH THIS COMPACT, AND WITH
RULES, PROCEDURES, AND STANDARDS ESTABLISHED BY THE COUNCIL UNDER ARTI-
CLE VI, WHICH PROCEDURES SHALL PROTECT THE ACCURACY AND PRIVACY OF THE
RECORDS, AND SHALL:
1. ENSURE THAT RECORDS OBTAINED UNDER THIS COMPACT ARE USED ONLY BY
AUTHORIZED OFFICIALS FOR AUTHORIZED PURPOSES;
2. REQUIRE THAT SUBSEQUENT RECORD CHECKS ARE REQUESTED TO OBTAIN
CURRENT INFORMATION WHENEVER A NEW NEED ARISES; AND
3. ENSURE THAT RECORD ENTRIES THAT MAY NOT LEGALLY BE USED FOR A
PARTICULAR NONCRIMINAL JUSTICE PURPOSE ARE DELETED FROM THE RESPONSE
AND, IF NO INFORMATION AUTHORIZED FOR RELEASE REMAINS, AN APPROPRIATE
"NO RECORD" RESPONSE IS COMMUNICATED TO THE REQUESTING OFFICIAL.
ARTICLE V--RECORD REQUEST PROCEDURES
(A) SUBJECT FINGERPRINTS OR OTHER APPROVED FORMS OF POSITIVE IDENTIFI-
CATION SHALL BE SUBMITTED WITH ALL REQUESTS FOR CRIMINAL HISTORY RECORD
CHECKS FOR NONCRIMINAL JUSTICE PURPOSES.
(B) EACH REQUEST FOR A CRIMINAL HISTORY RECORD CHECK UTILIZING THE
NATIONAL INDICES MADE UNDER ANY APPROVED STATE STATUTE SHALL BE SUBMIT-
TED THROUGH THAT STATE'S CRIMINAL HISTORY RECORD REPOSITORY. A STATE
CRIMINAL HISTORY RECORD REPOSITORY SHALL PROCESS AN INTERSTATE REQUEST
FOR NONCRIMINAL JUSTICE PURPOSES THROUGH THE NATIONAL INDICES ONLY IF
SUCH REQUEST IS TRANSMITTED THROUGH ANOTHER STATE CRIMINAL HISTORY
RECORD REPOSITORY OR THE FBI.
(C) EACH REQUEST FOR CRIMINAL HISTORY RECORD CHECKS UTILIZING THE
NATIONAL INDICES MADE UNDER FEDERAL AUTHORITY SHALL BE SUBMITTED THROUGH
THE FBI OR, IF THE STATE CRIMINAL HISTORY RECORD REPOSITORY CONSENTS TO
PROCESS FINGERPRINT SUBMISSIONS, THROUGH THE CRIMINAL HISTORY RECORD
REPOSITORY IN THE STATE IN WHICH SUCH REQUEST ORIGINATED. DIRECT ACCESS
TO THE NATIONAL IDENTIFICATION INDEX BY ENTITIES OTHER THAN THE FBI AND
STATE CRIMINAL HISTORY RECORDS REPOSITORIES SHALL NOT BE PERMITTED FOR
NONCRIMINAL JUSTICE PURPOSES.
(D) A STATE CRIMINAL HISTORY RECORD REPOSITORY OR THE FBI:
1. MAY CHARGE A FEE, IN ACCORDANCE WITH APPLICABLE LAW, FOR HANDLING A
REQUEST INVOLVING FINGERPRINT PROCESSING FOR NONCRIMINAL JUSTICE
PURPOSES; AND
S. 2605--B 17 A. 3005--B
2. MAY NOT CHARGE A FEE FOR PROVIDING CRIMINAL HISTORY RECORDS IN
RESPONSE TO AN ELECTRONIC REQUEST FOR A RECORD THAT DOES NOT INVOLVE A
REQUEST TO PROCESS FINGERPRINTS.
(E) 1. IF A STATE CRIMINAL HISTORY RECORD REPOSITORY CANNOT POSITIVELY
IDENTIFY THE SUBJECT OF A RECORD REQUEST MADE FOR NONCRIMINAL JUSTICE
PURPOSES, THE REQUEST, TOGETHER WITH FINGERPRINTS OR OTHER APPROVED
IDENTIFYING INFORMATION, SHALL BE FORWARDED TO THE FBI FOR A SEARCH OF
THE NATIONAL INDICES.
2. IF, WITH RESPECT TO A REQUEST FORWARDED BY A STATE CRIMINAL HISTORY
RECORD REPOSITORY UNDER PARAGRAPH ONE OF THIS SUBDIVISION, THE FBI POSI-
TIVELY IDENTIFIES THE SUBJECT AS HAVING A III SYSTEM-INDEXED RECORD OR
RECORDS:
A. THE FBI SHALL SO ADVISE THE STATE CRIMINAL HISTORY RECORD REPOSITO-
RY; AND
B. THE STATE CRIMINAL HISTORY RECORD REPOSITORY SHALL BE ENTITLED TO
OBTAIN THE ADDITIONAL CRIMINAL HISTORY RECORD INFORMATION FROM THE FBI
OR OTHER STATE CRIMINAL HISTORY RECORD REPOSITORIES.
ARTICLE VI--ESTABLISHMENT OF COMPACT COUNCIL
(A) 1. IN GENERAL, THERE IS ESTABLISHED A COUNCIL TO BE KNOWN AS THE
"COMPACT COUNCIL", WHICH SHALL HAVE THE AUTHORITY TO PROMULGATE RULES
AND PROCEDURES GOVERNING THE USE OF THE III SYSTEM FOR NONCRIMINAL
JUSTICE PURPOSES, NOT TO CONFLICT WITH FBI ADMINISTRATION OF THE III
SYSTEM FOR CRIMINAL JUSTICE PURPOSES.
2. THE COUNCIL SHALL:
A. CONTINUE IN EXISTENCE AS LONG AS THIS COMPACT REMAINS IN EFFECT;
B. BE LOCATED, FOR ADMINISTRATIVE PURPOSES, WITHIN THE FBI; AND
C. BE ORGANIZED AND HOLD ITS FIRST MEETING AS SOON AS PRACTICABLE
AFTER THE EFFECTIVE DATE OF THIS COMPACT.
(B) THE COUNCIL SHALL BE COMPOSED OF FIFTEEN MEMBERS, EACH OF WHOM
SHALL BE APPOINTED BY THE ATTORNEY GENERAL, AS FOLLOWS:
1. NINE MEMBERS, EACH OF WHOM SHALL SERVE A TWO-YEAR TERM, WHO SHALL
BE SELECTED FROM AMONG THE COMPACT OFFICERS OF PARTY STATES BASED ON THE
RECOMMENDATION OF THE COMPACT OFFICERS OF ALL PARTY STATES, EXCEPT THAT,
IN THE ABSENCE OF THE REQUISITE NUMBER OF COMPACT OFFICERS AVAILABLE TO
SERVE, THE CHIEF ADMINISTRATORS OF THE CRIMINAL HISTORY RECORD REPOSITO-
RIES OF NONPARTY STATES SHALL BE ELIGIBLE TO SERVE ON AN INTERIM BASIS.
2. TWO AT-LARGE MEMBERS, NOMINATED BY THE DIRECTOR OF THE FBI, EACH OF
WHOM SHALL SERVE A THREE-YEAR TERM, OF WHOM:
A. ONE SHALL BE A REPRESENTATIVE OF THE CRIMINAL JUSTICE AGENCIES OF
THE FEDERAL GOVERNMENT AND MAY NOT BE AN EMPLOYEE OF THE FBI; AND
B. ONE SHALL BE A REPRESENTATIVE OF THE NONCRIMINAL JUSTICE AGENCIES
OF THE FEDERAL GOVERNMENT.
3. TWO AT-LARGE MEMBERS, NOMINATED BY THE CHAIRMAN OF THE COUNCIL,
ONCE THE CHAIRMAN IS ELECTED PURSUANT TO SUBDIVISION (C) OF THIS ARTI-
CLE, EACH OF WHOM SHALL SERVE A THREE-YEAR TERM, OF WHOM:
A. ONE SHALL BE A REPRESENTATIVE OF STATE OR LOCAL CRIMINAL JUSTICE
AGENCIES; AND
B. ONE SHALL BE A REPRESENTATIVE OF STATE OR LOCAL NONCRIMINAL JUSTICE
AGENCIES.
4. ONE MEMBER, WHO SHALL SERVE A THREE-YEAR TERM, AND WHO SHALL SIMUL-
TANEOUSLY BE A MEMBER OF THE FBI'S ADVISORY POLICY BOARD ON CRIMINAL
JUSTICE INFORMATION SERVICES, NOMINATED BY THE MEMBERSHIP OF THAT POLICY
BOARD.
S. 2605--B 18 A. 3005--B
5. ONE MEMBER, NOMINATED BY THE DIRECTOR OF THE FBI, WHO SHALL SERVE A
THREE-YEAR TERM, AND WHO SHALL BE AN EMPLOYEE OF THE FBI.
(C) 1. IN GENERAL, FROM ITS MEMBERSHIP, THE COUNCIL SHALL ELECT A
CHAIRMAN AND A VICE CHAIRMAN OF THE COUNCIL, RESPECTIVELY. BOTH THE
CHAIRMAN AND VICE CHAIRMAN OF THE COUNCIL:
A. SHALL BE A COMPACT OFFICER, UNLESS THERE IS NO COMPACT OFFICER ON
THE COUNCIL WHO IS WILLING TO SERVE, IN WHICH CASE THE CHAIRMAN MAY BE
AN AT-LARGE MEMBER; AND
B. SHALL SERVE A TWO-YEAR TERM AND MAY BE REELECTED TO ONLY ONE ADDI-
TIONAL TWO-YEAR TERM.
2. THE VICE CHAIRMAN OF THE COUNCIL SHALL SERVE AS THE CHAIRMAN OF
THE COUNCIL IN THE ABSENCE OF THE CHAIRMAN.
(D) 1. IN GENERAL, THE COUNCIL SHALL MEET AT LEAST ONCE EACH YEAR AT
THE CALL OF THE CHAIRMAN. EACH MEETING OF THE COUNCIL SHALL BE OPEN TO
THE PUBLIC. THE COUNCIL SHALL PROVIDE PRIOR PUBLIC NOTICE IN THE FEDERAL
REGISTER OF EACH MEETING OF THE COUNCIL, INCLUDING THE MATTERS TO BE
ADDRESSED AT SUCH MEETING.
2. A MAJORITY OF THE COUNCIL OR ANY COMMITTEE OF THE COUNCIL SHALL
CONSTITUTE A QUORUM OF THE COUNCIL OR OF SUCH COMMITTEE, RESPECTIVELY,
FOR THE CONDUCT OF BUSINESS. A LESSER NUMBER MAY MEET TO HOLD HEARINGS,
TAKE TESTIMONY, OR CONDUCT ANY BUSINESS NOT REQUIRING A VOTE.
(E) THE COUNCIL SHALL MAKE AVAILABLE FOR PUBLIC INSPECTION AND COPYING
AT THE COUNCIL OFFICE WITHIN THE FBI, AND SHALL PUBLISH IN THE FEDERAL
REGISTER, ANY RULES, PROCEDURES, OR STANDARDS ESTABLISHED BY THE COUN-
CIL.
(F) THE COUNCIL MAY REQUEST FROM THE FBI SUCH REPORTS, STUDIES,
STATISTICS, OR OTHER INFORMATION OR MATERIALS AS THE COUNCIL DETERMINES
TO BE NECESSARY TO ENABLE THE COUNCIL TO PERFORM ITS DUTIES UNDER THIS
COMPACT. THE FBI, TO THE EXTENT AUTHORIZED BY LAW, MAY PROVIDE SUCH
ASSISTANCE OR INFORMATION UPON SUCH A REQUEST.
(G) THE CHAIRMAN MAY ESTABLISH COMMITTEES AS NECESSARY TO CARRY OUT
THIS COMPACT AND MAY PRESCRIBE THEIR MEMBERSHIP, RESPONSIBILITIES, AND
DURATION.
ARTICLE VII--RATIFICATION OF COMPACT
THIS COMPACT SHALL TAKE EFFECT UPON BEING ENTERED INTO BY TWO OR MORE
STATES AS BETWEEN THOSE STATES AND THE FEDERAL GOVERNMENT. UPON SUBSE-
QUENT ENTERING INTO THIS COMPACT BY ADDITIONAL STATES, IT SHALL BECOME
EFFECTIVE AMONG THOSE STATES AND THE FEDERAL GOVERNMENT AND EACH PARTY
STATE THAT HAS PREVIOUSLY RATIFIED IT. WHEN RATIFIED, THIS COMPACT SHALL
HAVE THE FULL FORCE AND EFFECT OF LAW WITHIN THE RATIFYING JURISDIC-
TIONS. THE FORM OF RATIFICATION SHALL BE IN ACCORDANCE WITH THE LAWS OF
THE EXECUTING STATE.
ARTICLE VIII--MISCELLANEOUS PROVISIONS
(A) ADMINISTRATION OF THIS COMPACT SHALL NOT INTERFERE WITH THE
MANAGEMENT AND CONTROL OF THE DIRECTOR OF THE FBI OVER THE FBI'S
COLLECTION AND DISSEMINATION OF CRIMINAL HISTORY RECORDS AND THE ADVI-
SORY FUNCTION OF THE FBI'S ADVISORY POLICY BOARD CHARTERED UNDER THE
FEDERAL ADVISORY COMMITTEE ACT (5 U.S.C. APP.) FOR ALL PURPOSES OTHER
THAN NONCRIMINAL JUSTICE.
(B) NOTHING IN THIS COMPACT SHALL REQUIRE THE FBI TO OBLIGATE OR
EXPEND FUNDS BEYOND THOSE APPROPRIATED TO THE FBI.
S. 2605--B 19 A. 3005--B
(C) NOTHING IN THIS COMPACT SHALL DIMINISH OR LESSEN THE OBLIGATIONS,
RESPONSIBILITIES, AND AUTHORITIES OF ANY STATE, WHETHER A PARTY STATE OR
A NONPARTY STATE, OR OF ANY CRIMINAL HISTORY RECORD REPOSITORY OR OTHER
SUBDIVISION OR COMPONENT THEREOF, UNDER THE DEPARTMENTS OF STATE,
JUSTICE, AND COMMERCE, THE JUDICIARY, AND RELATED AGENCIES APPROPRIATION
ACT, 1973 (PUBLIC LAW 92-544), OR REGULATIONS AND GUIDELINES PROMULGATED
THEREUNDER, INCLUDING THE RULES AND PROCEDURES PROMULGATED BY THE COUN-
CIL UNDER SUBDIVISION (A) OF ARTICLE VI, REGARDING THE USE AND DISSEM-
INATION OF CRIMINAL HISTORY RECORDS AND INFORMATION.
ARTICLE IX--RENUNCIATION
(A) IN GENERAL, THIS COMPACT SHALL BIND EACH PARTY STATE UNTIL
RENOUNCED BY THE PARTY STATE.
(B) ANY RENUNCIATION OF THIS COMPACT BY A PARTY STATE SHALL:
1. BE EFFECTED IN THE SAME MANNER BY WHICH THE PARTY STATE RATIFIED
THIS COMPACT; AND
2. BECOME EFFECTIVE ONE HUNDRED EIGHTY DAYS AFTER WRITTEN NOTICE OF
RENUNCIATION IS PROVIDED BY THE PARTY STATE TO EACH OTHER PARTY STATE
AND TO THE FEDERAL GOVERNMENT.
ARTICLE X--SEVERABILITY
THE PROVISIONS OF THIS COMPACT SHALL BE SEVERABLE, AND IF ANY PHRASE,
CLAUSE, SENTENCE, OR PROVISION OF THIS COMPACT IS DECLARED TO BE CONTRA-
RY TO THE CONSTITUTION OF ANY PARTICIPATING STATE, OR TO THE CONSTITU-
TION OF THE UNITED STATES, OR THE APPLICABILITY THEREOF TO ANY GOVERN-
MENT, AGENCY, PERSON, OR CIRCUMSTANCE IS HELD INVALID, THE VALIDITY OF
THE REMAINDER OF THIS COMPACT AND THE APPLICABILITY THEREOF TO ANY
GOVERNMENT, AGENCY, PERSON, OR CIRCUMSTANCE SHALL NOT BE AFFECTED THERE-
BY. IF A PORTION OF THIS COMPACT IS HELD CONTRARY TO THE CONSTITUTION OF
ANY PARTY STATE, ALL OTHER PORTIONS OF THIS COMPACT SHALL REMAIN IN FULL
FORCE AND EFFECT AS TO THE REMAINING PARTY STATES AND IN FULL FORCE AND
EFFECT AS TO THE PARTY STATE AFFECTED, AS TO ALL OTHER PROVISIONS.
ARTICLE XI--ADJUDICATION OF DISPUTES
(A) THE COUNCIL SHALL:
1. HAVE INITIAL AUTHORITY TO MAKE DETERMINATIONS WITH RESPECT TO ANY
DISPUTE REGARDING:
A. INTERPRETATION OF THIS COMPACT;
B. ANY RULE OR STANDARD ESTABLISHED BY THE COUNCIL PURSUANT TO ARTICLE
V; AND
C. ANY DISPUTE OR CONTROVERSY BETWEEN ANY PARTIES TO THIS COMPACT; AND
2. HOLD A HEARING CONCERNING ANY DISPUTE DESCRIBED IN PARAGRAPH ONE OF
THIS SUBDIVISION AT A REGULARLY SCHEDULED MEETING OF THE COUNCIL AND
ONLY RENDER A DECISION BASED UPON A MAJORITY VOTE OF THE MEMBERS OF THE
COUNCIL. SUCH DECISION SHALL BE PUBLISHED PURSUANT TO THE REQUIREMENTS
OF SUBDIVISION (E) OF ARTICLE VI.
(B) THE FBI SHALL EXERCISE IMMEDIATE AND NECESSARY ACTION TO PRESERVE
THE INTEGRITY OF THE III SYSTEM, MAINTAIN SYSTEM POLICY AND STANDARDS,
PROTECT THE ACCURACY AND PRIVACY OF RECORDS, AND TO PREVENT ABUSES,
UNTIL THE COUNCIL HOLDS A HEARING ON SUCH MATTERS.
(C) THE FBI OR A PARTY STATE MAY APPEAL ANY DECISION OF THE COUNCIL TO
THE ATTORNEY GENERAL, AND THEREAFTER MAY FILE SUIT IN THE APPROPRIATE
DISTRICT COURT OF THE UNITED STATES, WHICH SHALL HAVE ORIGINAL JURISDIC-
S. 2605--B 20 A. 3005--B
TION OF ALL CASES OR CONTROVERSIES ARISING UNDER THIS COMPACT. ANY SUIT
ARISING UNDER THIS COMPACT AND INITIATED IN A STATE COURT SHALL BE
REMOVED TO THE APPROPRIATE DISTRICT COURT OF THE UNITED STATES IN THE
MANNER PROVIDED BY SECTION FOURTEEN HUNDRED FORTY-SIX OF TITLE
TWENTY-EIGHT OF THE UNITED STATES CODE, OR OTHER STATUTORY AUTHORITY.
S 2. This act shall take effect immediately.
PART E
Section 1. Section 2 of chapter 887 of the laws of 1983, amending the
correction law relating to the psychological testing of candidates, as
amended by section 1 of part A of chapter 57 of the laws of 2011, is
amended to read as follows:
S 2. This act shall take effect on the one hundred eightieth day after
it shall have become a law [and shall remain in effect until September
1, 2013].
S 2. Section 3 of chapter 428 of the laws of 1999, amending the execu-
tive law and the criminal procedure law relating to expanding the
geographic area of employment of certain police officers, as amended by
section 2 of part A of chapter 57 of the laws of 2011, is amended to
read as follows:
S 3. This act shall take effect on the first day of November next
succeeding the date on which it shall have become a law, and shall
remain in effect until the first day of September, [2013] 2015, when it
shall expire and be deemed repealed.
S 3. Section 3 of chapter 886 of the laws of 1972, amending the
correction law and the penal law relating to prisoner furloughs in
certain cases and the crime of absconding therefrom, as amended by
section 3 of part A of chapter 57 of the laws of 2011, is amended to
read as follows:
S 3. This act shall take effect 60 days after it shall have become a
law [and shall remain in effect until September 1, 2013].
S 4. Section 20 of chapter 261 of the laws of 1987, amending chapters
50, 53 and 54 of the laws of 1987, the correction law, the penal law and
other chapters and laws relating to correctional facilities, as amended
by section 4 of part A of chapter 57 of the laws of 2011, is amended to
read as follows:
S 20. This act shall take effect immediately [except that section
thirteen of this act shall expire and be of no further force or effect
on and after September 1, 2013] and shall not apply to persons committed
to the custody of the department after such date, and provided further
that the commissioner of correctional services shall report each January
first and July first during such time as the earned eligibility program
is in effect, to the chairmen of the senate crime victims, crime and
correction committee, the senate codes committee, the assembly
correction committee, and the assembly codes committee, the standards in
effect for earned eligibility during the prior six-month period, the
number of inmates subject to the provisions of earned eligibility, the
number who actually received certificates of earned eligibility during
that period of time, the number of inmates with certificates who are
granted parole upon their first consideration for parole, the number
with certificates who are denied parole upon their first consideration,
and the number of individuals granted and denied parole who did not have
earned eligibility certificates.
S 5. Subdivision (q) of section 427 of chapter 55 of the laws of 1992,
amending the tax law and other laws relating to taxes, surcharges, fees
S. 2605--B 21 A. 3005--B
and funding, as amended by section 5 of part A of chapter 57 of the laws
of 2011, is amended to read as follows:
(q) the provisions of section two hundred eighty-four of this act
shall remain in effect until September 1, [2013] 2015 and be applicable
to all persons entering the program on or before August 31, [2013] 2015.
S 6. Section 10 of chapter 339 of the laws of 1972, amending the
correction law and the penal law relating to inmate work release,
furlough and leave, as amended by section 6 of part A of chapter 57 of
the laws of 2011, is amended to read as follows:
S 10. This act shall take effect 30 days after it shall have become a
law [and shall remain in effect until September 1, 2013], and provided
further that the commissioner of correctional services shall report each
January first, and July first, to the chairman of the senate crime
victims, crime and correction committee, the senate codes committee, the
assembly correction committee, and the assembly codes committee, the
number of eligible inmates in each facility under the custody and
control of the commissioner who have applied for participation in any
program offered under the provisions of work release, furlough, or
leave, and the number of such inmates who have been approved for partic-
ipation.
S 7. Subdivision (c) of section 46 of chapter 60 of the laws of 1994
relating to certain provisions which impact upon expenditure of certain
appropriations made by chapter 50 of the laws of 1994 enacting the state
operations budget, as amended by section 7 of part A of chapter 57 of
the laws of 2011, is amended to read as follows:
(c) sections forty-one and forty-two of this act [shall expire Septem-
ber 1, 2013; provided, that the provisions of section forty-two of this
act] shall apply to inmates entering the work release program on or
after such effective date; and
S 8. Subdivision h of section 74 of chapter 3 of the laws of 1995,
amending the correction law and other laws relating to the incarceration
fee, as amended by section 9 of part A of chapter 57 of the laws of
2011, is amended to read as follows:
h. Section fifty-two of this act shall be deemed to have been in full
force and effect on and after April 1, 1995; provided, however, that the
provisions of section 189 of the correction law, as amended by section
fifty-five of this act, subdivision 5 of section 60.35 of the penal law,
as amended by section fifty-six of this act, and section fifty-seven of
this act shall expire September 1, [2013] 2015, when upon such date the
amendments to the correction law and penal law made by sections fifty-
five and fifty-six of this act shall revert to and be read as if the
provisions of this act had not been enacted; provided, however, that
sections sixty-two, sixty-three and sixty-four of this act shall be
deemed to have been in full force and effect on and after March 1, 1995
and shall be deemed repealed April 1, 1996 and upon such date the
provisions of subsection (e) of section 9110 of the insurance law and
subdivision 2 of section 89-d of the state finance law shall revert to
and be read as set out in law on the date immediately preceding the
effective date of sections sixty-two and sixty-three of this act;
S 9. Subdivision (z) of section 427 of chapter 55 of the laws of 1992,
amending the tax law and other laws relating to taxes, surcharges, fees
and funding, as amended by section 10 of part A of chapter 57 of the
laws of 2011, is amended to read as follows:
(z) the provisions of section three hundred eighty-one of this act
shall apply to all persons supervised by the department of corrections
and community supervision on or after the effective date of this act,
S. 2605--B 22 A. 3005--B
provided however, that subdivision 9 of section 259-a of the executive
law, as added by section three hundred eighty-one of this act, shall
expire on September 1, [2013] 2015;
S 10. Subdivision (aa) of section 427 of chapter 55 of the laws of
1992, amending the tax law and other laws relating to taxes, surcharges,
fees and funding, as amended by section 11 of part A of chapter 57 of
the laws of 2011, is amended to read as follows:
(aa) the provisions of sections three hundred eighty-two, three
hundred eighty-three and three hundred eighty-four of this act shall
expire on September 1, [2013] 2015;
S 11. Section 12 of chapter 907 of the laws of 1984, amending the
correction law, the New York city criminal court act and the executive
law relating to prison and jail housing and alternatives to detention
and incarceration programs, as amended by section 12 of part A of chap-
ter 57 of the laws of 2011, is amended to read as follows:
S 12. This act shall take effect immediately, except that the
provisions of sections one through ten of this act shall remain in full
force and effect until September 1, [2013] 2015 on which date those
provisions shall be deemed to be repealed.
S 12. Subdivision (p) of section 406 of chapter 166 of the laws of
1991, amending the tax law and other laws relating to taxes, as amended
by section 13 of part A of chapter 57 of the laws of 2011, is amended to
read as follows:
(p) The amendments to section 1809 of the vehicle and traffic law made
by sections three hundred thirty-seven and three hundred thirty-eight of
this act shall not apply to any offense committed prior to such effec-
tive date; provided, further, that section three hundred forty-one of
this act shall take effect immediately and shall expire November 1, 1993
at which time it shall be deemed repealed; sections three hundred
forty-five and three hundred forty-six of this act shall take effect
July 1, 1991; sections three hundred fifty-five, three hundred fifty-
six, three hundred fifty-seven and three hundred fifty-nine of this act
shall take effect immediately and shall expire June 30, 1995 and shall
revert to and be read as if this act had not been enacted; section three
hundred fifty-eight of this act shall take effect immediately and shall
expire June 30, 1998 and shall revert to and be read as if this act had
not been enacted; section three hundred sixty-four through three hundred
sixty-seven of this act shall apply to claims filed on or after such
effective date; sections three hundred sixty-nine, three hundred seven-
ty-two, three hundred seventy-three, three hundred seventy-four, three
hundred seventy-five and three hundred seventy-six of this act shall
remain in effect until September 1, [2013] 2015, at which time they
shall be deemed repealed; provided, however, that the mandatory
surcharge provided in section three hundred seventy-four of this act
shall apply to parking violations occurring on or after said effective
date; and provided further that the amendments made to section 235 of
the vehicle and traffic law by section three hundred seventy-two of this
act, the amendments made to section 1809 of the vehicle and traffic law
by sections three hundred thirty-seven and three hundred thirty-eight of
this act and the amendments made to section 215-a of the labor law by
section three hundred seventy-five of this act shall expire on September
1, [2013] 2015 and upon such date the provisions of such subdivisions
and sections shall revert to and be read as if the provisions of this
act had not been enacted; the amendments to subdivisions 2 and 3 of
section 400.05 of the penal law made by sections three hundred seventy-
seven and three hundred seventy-eight of this act shall expire on July
S. 2605--B 23 A. 3005--B
1, 1992 and upon such date the provisions of such subdivisions shall
revert and shall be read as if the provisions of this act had not been
enacted; the state board of law examiners shall take such action as is
necessary to assure that all applicants for examination for admission to
practice as an attorney and counsellor at law shall pay the increased
examination fee provided for by the amendment made to section 465 of the
judiciary law by section three hundred eighty of this act for any exam-
ination given on or after the effective date of this act notwithstanding
that an applicant for such examination may have prepaid a lesser fee for
such examination as required by the provisions of such section 465 as of
the date prior to the effective date of this act; the provisions of
section 306-a of the civil practice law and rules as added by section
three hundred eighty-one of this act shall apply to all actions pending
on or commenced on or after September 1, 1991, provided, however, that
for the purposes of this section service of such summons made prior to
such date shall be deemed to have been completed on September 1, 1991;
the provisions of section three hundred eighty-three of this act shall
apply to all money deposited in connection with a cash bail or a
partially secured bail bond on or after such effective date; and the
provisions of sections three hundred eighty-four and three hundred
eighty-five of this act shall apply only to jury service commenced
during a judicial term beginning on or after the effective date of this
act; provided, however, that nothing contained herein shall be deemed to
affect the application, qualification, expiration or repeal of any
provision of law amended by any section of this act and such provisions
shall be applied or qualified or shall expire or be deemed repealed in
the same manner, to the same extent and on the same date as the case may
be as otherwise provided by law;
S 13. Subdivision 8 of section 1809 of the vehicle and traffic law, as
amended by section 14 of part A of chapter 57 of the laws of 2011, is
amended to read as follows:
8. The provisions of this section shall only apply to offenses commit-
ted on or before September first, two thousand [thirteen] FIFTEEN.
S 14. Section 6 of chapter 713 of the laws of 1988, amending the vehi-
cle and traffic law relating to the ignition interlock device program,
as amended by section 15 of part A of chapter 57 of the laws of 2011, is
amended to read as follows:
S 6. This act shall take effect on the first day of April next
succeeding the date on which it shall have become a law; provided,
however, that effective immediately, the addition, amendment or repeal
of any rule or regulation necessary for the implementation of the fore-
going sections of this act on their effective date is authorized and
directed to be made and completed on or before such effective date and
shall remain in full force and effect until the first day of September,
[2013] 2015 when upon such date the provisions of this act shall be
deemed repealed.
S 15. Paragraph a of subdivision 6 of section 76 of chapter 435 of the
laws of 1997, amending the military law and other laws relating to vari-
ous provisions, as amended by section 16 of part A of chapter 57 of the
laws of 2011, is amended to read as follows:
a. sections forty-three through forty-five of this act shall expire
and be deemed repealed on September 1, [2013] 2015;
S 16. Section 4 of part D of chapter 412 of the laws of 1999, amending
the civil practice law and rules and the court of claims act relating to
prisoner litigation reform, as amended by section 17 of part A of chap-
ter 57 of the laws of 2011, is amended to read as follows:
S. 2605--B 24 A. 3005--B
S 4. This act shall take effect 120 days after it shall have become a
law and shall remain in full force and effect until September 1, [2013]
2015, when upon such date it shall expire.
S 17. Subdivision 2 of section 59 of chapter 222 of the laws of 1994,
constituting the family protection and domestic violence intervention
act of 1994, as amended by section 18 of part A of chapter 57 of the
laws of 2011, is amended to read as follows:
2. Subdivision 4 of section 140.10 of the criminal procedure law as
added by section thirty-two of this act shall take effect January 1,
1996 and shall expire and be deemed repealed on September 1, [2013]
2015.
S 18. Section 5 of chapter 505 of the laws of 1985, amending the crim-
inal procedure law relating to the use of closed-circuit television and
other protective measures for certain child witnesses, as amended by
section 19 of part A of chapter 57 of the laws of 2011, is amended to
read as follows:
S 5. This act shall take effect immediately and shall apply to all
criminal actions and proceedings commenced prior to the effective date
of this act but still pending on such date as well as all criminal
actions and proceedings commenced on or after such effective date and
its provisions shall expire on September 1, [2013] 2015, when upon such
date the provisions of this act shall be deemed repealed.
S 19. Subdivision d of section 74 of chapter 3 of the laws of 1995,
enacting the sentencing reform act of 1995, as amended by section 20 of
part A of chapter 57 of the laws of 2011, is amended to read as follows:
d. Sections one-a through twenty, twenty-four through twenty-eight,
thirty through thirty-nine, forty-two and forty-four of this act shall
be deemed repealed on September 1, [2013] 2015;
S 20. Section 2 of chapter 689 of the laws of 1993 amending the crimi-
nal procedure law relating to electronic court appearance in certain
counties, as amended by section 21 of part A of chapter 57 of the laws
of 2011, is amended to read as follows:
S 2. This act shall take effect immediately, except that the
provisions of this act shall be deemed to have been in full force and
effect since July 1, 1992 and the provisions of this act shall expire
September 1, [2013] 2015 when upon such date the provisions of this act
shall be deemed repealed.
S 21. Section 3 of chapter 688 of the laws of 2003, amending the exec-
utive law relating to enacting the interstate compact for adult offender
supervision, as amended by section 22 of part A of chapter 57 of the
laws of 2011, is amended to read as follows:
S 3. This act shall take effect immediately, except that section one
of this act shall take effect on the first of January next succeeding
the date on which it shall have become a law[, and shall remain in
effect until the first of September, 2013, upon which date this act
shall be deemed repealed and have no further force and effect]; provided
that section one of this act shall only take effect with respect to any
compacting state which has enacted an interstate compact entitled
"Interstate compact for adult offender supervision" and having an iden-
tical effect to that added by section one of this act and provided
further that with respect to any such compacting state, upon the effec-
tive date of section one of this act, section 259-m of the executive law
is hereby deemed REPEALED and section 259-mm of the executive law, as
added by section one of this act, shall take effect; and provided
further that with respect to any state which has not enacted an inter-
state compact entitled "Interstate compact for adult offender super-
S. 2605--B 25 A. 3005--B
vision" and having an identical effect to that added by section one of
this act, section 259-m of the executive law shall take effect and the
provisions of section one of this act, with respect to any such state,
shall have no force or effect until such time as such state shall adopt
an interstate compact entitled "Interstate compact for adult offender
supervision" and having an identical effect to that added by section one
of this act in which case, with respect to such state, effective imme-
diately, section 259-m of the executive law is deemed repealed and
section 259-mm of the executive law, as added by section one of this
act, shall take effect.
S 22. Section 8 of part H of chapter 56 of the laws of 2009, amending
the correction law relating to limiting the closing of certain correc-
tional facilities, providing for the custody by the department of
correctional services of inmates serving definite sentences, providing
for custody of federal prisoners and requiring the closing of certain
correctional facilities, as amended by section 23 of part A of chapter
57 of the laws of 2011, is amended to read as follows:
S 8. This act shall take effect immediately; provided, however that
sections five and six of this act shall expire and be deemed repealed
September 1, [2013] 2015.
S 23. Section 3 of part C of chapter 152 of the laws of 2001 amending
the military law relating to military funds of the organized militia, as
amended by section 25 of part A of chapter 57 of the laws of 2011, is
amended to read as follows:
S 3. This act shall take effect on the same date as the reversion of
subdivision 5 of section 183 and subdivision 1 of section 221 of the
military law as provided by section 76 of chapter 435 of the laws of
1997, as amended by section 1 of chapter 19 of the laws of 1999 notwith-
standing this act shall be deemed to have been in full force and effect
on and after July 31, 2005 and shall remain in full force and effect
until September 1, [2013] 2015 when upon such date this act shall
expire.
S 24. This act shall take effect immediately.
PART F
Section 1. Section 2 of part H of chapter 503 of the laws of 2009
relating to the disposition of monies recovered by county district
attorneys before the filing of an accusatory instrument, as amended by
section 1 of part F of chapter 55 of the laws of 2012, is amended to
read as follows:
S 2. This act shall take effect immediately and shall remain in full
force and effect until March 31, [2013] 2014, when it shall expire and
be deemed repealed.
S 2. This act shall take effect immediately and shall be deemed to
have been in full force and effect on and after March 31, 2013.
PART G
Section 1. Legislative findings and intent. The legislature finds that
local governments and school districts are facing increased stress from
rising costs including employee pension obligations. Ultimately, the
growth in pension costs results in greater stress on the already over-
burdened taxpayer.
It is the intent of the legislature to offer local governments and
school districts the option to lock-in to a long-term stable pension
S. 2605--B 26 A. 3005--B
contribution rate. The intent is to provide local governments with more
stability and predictability for pension obligations, while simultane-
ously ensuring the adequacy of pension system funding.
It is the intent of the legislature to authorize the comptroller and
the New York state teachers' retirement system board to establish a
long-term stable contribution option assuming a baseline term of twen-
ty-five years. If the comptroller and the New York state teachers'
retirement system board elect to implement this act, the comptroller and
the New York state teachers' retirement system board, at their
discretion, will determine whether such baseline term shall be increased
or decreased, as appropriate to ensure adequate pension system funding.
It is the intent of the legislature that the comptroller and the New
York state teachers' retirement system board, subject to their
discretion, strive to minimize any extension of such baseline term or
terms, to the extent possible, and to the extent an extension is neces-
sary, limit any extension of such baseline term or terms not to exceed
five additional years, to the extent possible, while ensuring adequate
pension system funding over the full term of this option.
S 2. The retirement and social security law is amended by adding a new
section 17-e to read as follows:
S 17-E. LONG-TERM STABLE CONTRIBUTION OPTION FOR PARTICIPATING MUNICI-
PAL EMPLOYERS FOR THE TWO THOUSAND THIRTEEN--TWO THOUSAND FOURTEEN
FISCAL YEAR. A. IN ADDITION TO THE DEFINITIONS IN SECTION TWO OF THIS
ARTICLE, WHEN USED IN THIS SECTION:
(1) "PARTICIPATING MUNICIPAL EMPLOYER" SHALL MEAN A COUNTY, CITY,
TOWN, VILLAGE, SCHOOL DISTRICT, BOARD OF COOPERATIVE EDUCATIONAL
SERVICES OR PUBLIC BENEFIT CORPORATION THAT OPERATES A PUBLIC GENERAL
HOSPITAL LOCATED IN THE COUNTY OF WESTCHESTER, THE COUNTY OF ERIE OR THE
COUNTY OF NASSAU WHO ELECTS TO PAY THE STABLE CONTRIBUTION AMOUNT IN THE
MANNER PROVIDED IN THIS SECTION.
(2) "STABLE CONTRIBUTION AMOUNT" SHALL MEAN AN AMOUNT EQUAL TO TWELVE
PERCENT OF THE ESTIMATED PENSIONABLE SALARY BASE (EXCLUSIVE OF PAYMENTS
FOR GROUP TERM LIFE INSURANCE, DEFICIENCY PAYMENTS, ADJUSTMENTS RELATING
TO PRIOR FISCAL YEARS' OBLIGATIONS, OBLIGATIONS PERTAINING TO RETIREMENT
INCENTIVES AND AMORTIZED PAYMENTS PURSUANT TO SECTION NINETEEN-A OF THIS
TITLE OR ANY OTHER OBLIGATIONS THAT A PARTICIPATING MUNICIPAL EMPLOYER
IS PERMITTED TO PAY ON AN AMORTIZED BASIS).
(3) "STABLE CONTRIBUTION RATE" SHALL MEAN TWELVE PERCENT.
B. NOTWITHSTANDING THE PROVISIONS OF THIS CHAPTER OR ANY OTHER LAW TO
THE CONTRARY, THE COMPTROLLER, IN HIS OR HER DISCRETION, SHALL HAVE
AUTHORITY TO IMPLEMENT THE PROVISIONS OF THIS SECTION. IF THE COMP-
TROLLER ELECTS TO IMPLEMENT THE PROVISIONS OF THIS SECTION, THE
PROVISIONS OF THIS SECTION SHALL APPLY TO THE PAYMENT OF PARTICIPATING
MUNICIPAL EMPLOYER CONTRIBUTIONS FOR THE FISCAL YEAR COMMENCING ON APRIL
FIRST, TWO THOUSAND THIRTEEN, AND FOR SUBSEQUENT FISCAL YEARS. IF A
PARTICIPATING MUNICIPAL EMPLOYER DOES NOT ELECT THE STABLE EMPLOYER
CONTRIBUTION OPTION IN THE TWO THOUSAND THIRTEEN--TWO THOUSAND FOURTEEN
FISCAL YEAR, IT SHALL NOT BE ELIGIBLE TO ELECT THE STABLE EMPLOYER
CONTRIBUTION OPTION IN ANY SUCCEEDING FISCAL YEAR.
C. FOR EACH FISCAL YEAR TO WHICH THE PROVISIONS OF THIS SECTION APPLY,
THE COMPTROLLER SHALL USE THE STABLE CONTRIBUTION RATE FOR PARTICIPATING
MUNICIPAL EMPLOYERS.
D. IF THE COMPTROLLER, IN HIS OR HER DISCRETION, DECIDES TO PERMIT A
STABLE EMPLOYER CONTRIBUTION OPTION PURSUANT TO THIS SECTION, THEN, THE
COMPTROLLER SHALL DETERMINE THE STABLE CONTRIBUTION AMOUNT FOR A PARTIC-
IPATING MUNICIPAL EMPLOYER PURSUANT TO PARAGRAPH TWO OF SUBDIVISION A OF
S. 2605--B 27 A. 3005--B
THIS SECTION. SUCH CONTRIBUTION SHALL BE IN LIEU OF THE PARTICIPATING
MUNICIPAL EMPLOYER'S NORMAL AND ADMINISTRATIVE CONTRIBUTIONS FOR THE
FISCAL YEAR DETERMINED IN ACCORDANCE WITH SECTIONS TWENTY-THREE AND
TWENTY-THREE-A OF THIS ARTICLE.
E. PARTICIPATING MUNICIPAL EMPLOYERS ARE AUTHORIZED TO CHOOSE THE
STABLE EMPLOYER CONTRIBUTION OPTION ONLY IN FISCAL YEAR TWO THOUSAND
THIRTEEN--TWO THOUSAND FOURTEEN. A PARTICIPATING MUNICIPAL EMPLOYER,
MAY, IN LIEU OF PAYING ITS NORMAL AND ADMINISTRATIVE FEBRUARY FIRST, TWO
THOUSAND FOURTEEN PENSION BILL, PAY THE STABLE CONTRIBUTION AMOUNT. SUCH
PARTICIPATING MUNICIPAL EMPLOYER SHALL PAY THE STABLE CONTRIBUTION
AMOUNT FOR A PERIOD OF TWENTY-FIVE YEARS PROVIDED, HOWEVER, THAT SUCH
TWENTY-FIVE YEAR PERIOD MAY BE INCREASED OR DECREASED AT THE DISCRETION
OF THE COMPTROLLER PURSUANT TO SUBDIVISION K OF THIS SECTION. THIS
LONG-TERM STABLE CONTRIBUTION OPTION SHALL COMMENCE IN THE FISCAL YEAR
ENDING MARCH THIRTY-FIRST, TWO THOUSAND FOURTEEN AND SHALL END AT THE
DISCRETION OF THE COMPTROLLER PURSUANT TO SUBDIVISION K OF THIS SECTION.
F. ANY PARTICIPATING MUNICIPAL EMPLOYER WHICH ELECTS TO PAY THE STABLE
CONTRIBUTION AMOUNT PURSUANT TO SUBDIVISIONS A, B, C, D AND E OF THIS
SECTION SHALL PAY THE AMOUNT BASED ON THE STABLE CONTRIBUTION RATE FOR A
PERIOD OF TWENTY-FIVE YEARS, SUCH TERM AS SUBJECT TO INCREASE OR
DECREASE AT THE DISCRETION OF THE COMPTROLLER PURSUANT TO SUBDIVISION K
OF THIS SECTION. THIS LONG-TERM STABLE CONTRIBUTION SHALL COMMENCE IN
THE FISCAL YEAR ENDING MARCH THIRTY-FIRST, TWO THOUSAND FOURTEEN AND
SHALL END AT THE DISCRETION OF THE COMPTROLLER PURSUANT TO SUBDIVISION K
OF THIS SECTION. UPON COMPLETION OF SUCH LONG-TERM STABLE CONTRIBUTION
OPTION, THE PARTICIPATING MUNICIPAL EMPLOYER SHALL RESUME PAYING NORMAL
AND ADMINISTRATIVE EMPLOYER CONTRIBUTIONS PURSUANT TO SECTIONS
TWENTY-THREE AND TWENTY-THREE-A OF THIS ARTICLE.
G. A PARTICIPATING MUNICIPAL EMPLOYER MAKING A PAYMENT PURSUANT TO
SUBDIVISIONS A, B, C, D, E AND F OF THIS SECTION SHALL PAY ON FEBRUARY
FIRST, TWO THOUSAND FOURTEEN AN AMOUNT DETERMINED BY THE COMPTROLLER BY
ADDING THE FOLLOWING TWO AMOUNTS TOGETHER:
(1) THE STABLE CONTRIBUTION AMOUNT CALCULATED PURSUANT TO SUBDIVISIONS
A, B, C, D, E AND F OF THIS SECTION; AND
(2) PAYMENTS FOR GROUP TERM LIFE INSURANCE, DEFICIENCY PAYMENTS,
ADJUSTMENTS RELATING TO PRIOR FISCAL YEARS' OBLIGATIONS, OBLIGATIONS
PERTAINING TO RETIREMENT INCENTIVES AND AMORTIZED PAYMENTS PURSUANT TO
SECTION NINETEEN-A OF THIS TITLE OR ANY OTHER OBLIGATIONS THAT A PARTIC-
IPATING MUNICIPAL EMPLOYER IS PERMITTED TO PAY ON AN AMORTIZED BASIS.
H. THE STABLE CONTRIBUTION AMOUNT MUST BE PAID IN FULL BY PARTICIPAT-
ING MUNICIPAL EMPLOYERS ON THE DATE SET FORTH IN SUBDIVISION C OF
SECTION SEVENTEEN OF THIS TITLE.
I. A PARTICIPATING MUNICIPAL EMPLOYER WHICH ELECTS THE LONG-TERM
STABLE CONTRIBUTION OPTION SHALL BE PROHIBITED FROM AMORTIZING ANY
PORTION OF ITS FUTURE PENSION BILL PURSUANT TO THE OPTION OTHERWISE
AVAILABLE IN SECTION NINETEEN-A OF THIS TITLE.
J. THE COMPTROLLER IS AUTHORIZED TO EVALUATE THE STABLE CONTRIBUTION
RATE USED TO CALCULATE PARTICIPATING MUNICIPAL EMPLOYER CONTRIBUTION
AMOUNTS IN THE FISCAL YEAR COMMENCING ON APRIL FIRST, TWO THOUSAND
SEVENTEEN AND SUBSEQUENTLY IN THE FISCAL YEAR COMMENCING ON APRIL FIRST,
TWO THOUSAND TWENTY-TWO. SUCH EVALUATION SHALL BE BASED ON A LONG-TERM
PROJECTION OF ASSETS AND LIABILITIES SO AS TO ENSURE THAT CONTRIBUTIONS
BY MUNICIPAL EMPLOYERS WHICH PARTICIPATE IN THE LONG-TERM STABLE
CONTRIBUTION OPTION ARE ADEQUATE TO ENSURE THAT SYSTEM ASSETS OVER THE
LONG-TERM STABLE CONTRIBUTION OPTION PERIOD ARE SUFFICIENT TO FUND BENE-
FITS FOR ACTIVE AND RETIRED MEMBERS ASSOCIATED WITH PARTICIPATING MUNIC-
S. 2605--B 28 A. 3005--B
IPAL EMPLOYERS. THE COMPTROLLER IS AUTHORIZED TO INCREASE THE STABLE
CONTRIBUTION RATE BY UP TO TWO PERCENTAGE POINTS AT SUCH FIVE-YEAR AND
SUBSEQUENT TEN-YEAR EVALUATION. THE REVISED STABLE CONTRIBUTION RATE
RESULTING FROM THE FIVE AND SUBSEQUENT TEN-YEAR EVALUATIONS MAY NOT, IN
COMBINATION, EXCEED SIXTEEN PERCENT. THE COMPTROLLER IS AUTHORIZED TO
DECREASE THE STABLE CONTRIBUTION RATE IF WARRANTED AT THE TEN-YEAR EVAL-
UATION BUT IN NO EVENT SHALL THE STABLE CONTRIBUTION RATE BE LESS THAN
TWELVE PERCENT.
K. (1) THE BASELINE LONG-TERM STABLE CONTRIBUTION TERM SHALL BE TWEN-
TY-FIVE YEARS. PROVIDED, HOWEVER, SUCH BASELINE LONG-TERM STABLE
CONTRIBUTION TERM MAY EVENTUALLY BE INCREASED OR DECREASED, AT THE
DISCRETION OF THE COMPTROLLER, SO AS TO ENSURE THAT SYSTEM ASSETS ARE
SUFFICIENT TO FUND BENEFITS FOR ACTIVE AND RETIRED MEMBERS ASSOCIATED
WITH PARTICIPATING MUNICIPAL EMPLOYERS.
(2) THE COMPTROLLER IS AUTHORIZED TO EVALUATE THE BASELINE LONG-TERM
STABLE CONTRIBUTION TERM EVERY FIVE YEARS AFTER THE FISCAL YEAR COMMENC-
ING ON APRIL FIRST, TWO THOUSAND THIRTEEN. SUCH EVALUATION SHALL INFORM
PARTICIPATING MUNICIPAL EMPLOYERS WHETHER THE BASELINE LONG-TERM STABLE
CONTRIBUTION TERM IS EXPECTED TO INCREASE OR DECREASE PURSUANT TO PARA-
GRAPH ONE OF THIS SUBDIVISION AND THE DURATION OF SUCH INCREASE OR
DECREASE.
L. A PARTICIPATING MUNICIPAL EMPLOYER MAY ELECT TO TERMINATE PARTIC-
IPATION IN THE LONG-TERM STABLE CONTRIBUTION OPTION AND RESUME PAYMENT
OF THE NORMAL AND ADMINISTRATIVE CONTRIBUTIONS IN ACCORDANCE WITH
SECTIONS TWENTY-THREE AND TWENTY-THREE-A OF THIS ARTICLE. PROVIDED,
HOWEVER, THAT SUCH PARTICIPATING MUNICIPAL EMPLOYER WHICH ELECTS TO
TERMINATE PARTICIPATION SHALL MAKE A RECONCILIATION CONTRIBUTION TO THE
RETIREMENT SYSTEM, AT AN AMOUNT TO BE DETERMINED BY THE COMPTROLLER,
ADEQUATE TO FUND THE BENEFITS FOR ACTIVE AND RETIRED MEMBERS ASSOCIATED
WITH SUCH PARTICIPATING MUNICIPAL EMPLOYER HAD SUCH PARTICIPATING MUNIC-
IPAL EMPLOYER NOT ELECTED THE PROVISIONS OF THIS SECTION. SUCH RECONCIL-
IATION CONTRIBUTION SHALL BE MADE OVER A PERIOD NOT TO EXCEED FIVE YEARS
AND SHALL BE MADE IN ADDITION TO THE NORMAL AND ADMINISTRATIVE CONTRIB-
UTIONS PURSUANT TO SECTIONS TWENTY-THREE AND TWENTY-THREE-A OF THIS
ARTICLE FOR THE FISCAL YEAR IN WHICH SUCH PARTICIPATING MUNICIPAL
EMPLOYER CHOOSES TO RESUME PAYMENT OF THE NORMAL AND ADMINISTRATIVE
CONTRIBUTIONS PURSUANT TO SECTIONS TWENTY-THREE AND TWENTY-THREE-A OF
THIS ARTICLE. TERMINATION OF THE LONG-TERM STABLE CONTRIBUTION OPTION BY
A PARTICIPATING MUNICIPAL EMPLOYER SHALL BE SUBJECT TO TIMING AND
NOTIFICATION PROCEDURES ESTABLISHED BY THE COMPTROLLER.
S 3. Paragraph 1 of subdivision b of section 23-a of the retirement
and social security law, as added by section 1 of part A of chapter 49
of the laws of 2003, is amended to read as follows:
1. revision of the schedule pertaining to the valuation, billing and
payment of contributions by the state and participating employers,
EXCLUDING PARTICIPATING MUNICIPAL EMPLOYERS AS DEFINED IN SECTION SEVEN-
TEEN-E OF THIS ARTICLE, under which the valuation of the assets and
liabilities of the retirement system, EXCLUDING THE ASSETS AND LIABIL-
ITIES ASSOCIATED WITH PARTICIPATING MUNICIPAL EMPLOYERS AS DEFINED IN
SECTION SEVENTEEN-E OF THIS ARTICLE, undertaken on the first day of a
fiscal year shall be used to determine the contribution rates to be
applied to the pensionable salaries of the state and participating
employers, WITH THE EXCEPTION OF THE PENSIONABLE SALARIES OF PARTICIPAT-
ING MUNICIPAL EMPLOYERS AS DEFINED IN SECTION SEVENTEEN-E OF THIS ARTI-
CLE, for the next succeeding fiscal year; and
S. 2605--B 29 A. 3005--B
S 4. The retirement and social security law is amended by adding a new
section 317-e to read as follows:
S 317-E. LONG-TERM STABLE CONTRIBUTION OPTION FOR PARTICIPATING MUNIC-
IPAL EMPLOYERS FOR THE TWO THOUSAND THIRTEEN--TWO THOUSAND FOURTEEN
FISCAL YEAR. A. IN ADDITION TO THE DEFINITIONS IN SECTION THREE HUNDRED
TWO OF THIS ARTICLE, WHEN USED IN THIS SECTION:
(1) "PARTICIPATING MUNICIPAL EMPLOYER" SHALL MEAN A COUNTY, CITY, TOWN
OR VILLAGE WHO ELECTS TO PAY THE STABLE CONTRIBUTION AMOUNT IN THE
MANNER PROVIDED IN THIS SECTION.
(2) "STABLE CONTRIBUTION AMOUNT" SHALL MEAN AN AMOUNT EQUAL TO EIGH-
TEEN AND FIVE-TENTHS PERCENT OF THE ESTIMATED PENSIONABLE SALARY BASE
(EXCLUSIVE OF PAYMENTS FOR GROUP TERM LIFE INSURANCE, DEFICIENCY
PAYMENTS, ADJUSTMENTS RELATING TO PRIOR FISCAL YEARS' OBLIGATIONS, OBLI-
GATIONS PERTAINING TO RETIREMENT INCENTIVES AND AMORTIZED PAYMENTS
PURSUANT TO SECTION THREE HUNDRED NINETEEN-A OF THIS TITLE OR ANY OTHER
OBLIGATIONS THAT A PARTICIPATING MUNICIPAL EMPLOYER IS PERMITTED TO PAY
ON AN AMORTIZED BASIS).
(3) "STABLE CONTRIBUTION RATE" SHALL MEAN EIGHTEEN AND FIVE-TENTHS
PERCENT.
B. NOTWITHSTANDING THE PROVISIONS OF THIS CHAPTER OR ANY OTHER LAW TO
THE CONTRARY, THE COMPTROLLER, IN HIS OR HER DISCRETION, SHALL HAVE
AUTHORITY TO IMPLEMENT THE PROVISIONS OF THIS SECTION. IF THE COMP-
TROLLER ELECTS TO IMPLEMENT THE PROVISIONS OF THIS SECTION, THE
PROVISIONS OF THIS SECTION SHALL APPLY TO THE PAYMENT OF PARTICIPATING
MUNICIPAL EMPLOYER CONTRIBUTIONS FOR THE FISCAL YEAR COMMENCING ON APRIL
FIRST, TWO THOUSAND THIRTEEN, AND FOR SUBSEQUENT FISCAL YEARS. IF A
PARTICIPATING MUNICIPAL EMPLOYER DOES NOT ELECT THE STABLE EMPLOYER
CONTRIBUTION OPTION IN THE TWO THOUSAND THIRTEEN--TWO THOUSAND FOURTEEN
FISCAL YEAR, IT SHALL NOT BE ELIGIBLE TO ELECT THE STABLE EMPLOYER
CONTRITION OPTION IN ANY SUCCEEDING FISCAL YEAR.
C. FOR EACH FISCAL YEAR TO WHICH THE PROVISIONS OF THIS SECTION APPLY,
THE COMPTROLLER SHALL USE THE STABLE CONTRIBUTION RATE FOR PARTICIPATING
MUNICIPAL EMPLOYERS.
D. IF THE COMPTROLLER, IN HIS OR HER DISCRETION, DECIDES TO PERMIT A
STABLE EMPLOYER CONTRIBUTION OPTION PURSUANT TO THIS SECTION, THEN, THE
COMPTROLLER SHALL DETERMINE THE STABLE CONTRIBUTION AMOUNT FOR A PARTIC-
IPATING MUNICIPAL EMPLOYER PURSUANT TO PARAGRAPH TWO OF SUBDIVISION A OF
THIS SECTION. SUCH CONTRIBUTION SHALL BE IN LIEU OF THE PARTICIPATING
MUNICIPAL EMPLOYER'S NORMAL AND ADMINISTRATIVE CONTRIBUTIONS FOR THE
FISCAL YEAR DETERMINED IN ACCORDANCE WITH SECTIONS THREE HUNDRED TWEN-
TY-THREE AND THREE HUNDRED TWENTY-THREE-A OF THIS ARTICLE.
E. PARTICIPATING MUNICIPAL EMPLOYERS ARE AUTHORIZED TO CHOOSE THE
STABLE EMPLOYER CONTRIBUTION OPTION ONLY IN FISCAL YEAR TWO THOUSAND
THIRTEEN--TWO THOUSAND FOURTEEN. A PARTICIPATING MUNICIPAL EMPLOYER,
MAY, IN LIEU OF PAYING ITS NORMAL AND ADMINISTRATIVE FEBRUARY FIRST, TWO
THOUSAND FOURTEEN PENSION BILL, PAY THE STABLE CONTRIBUTION AMOUNT. SUCH
PARTICIPATING MUNICIPAL EMPLOYER SHALL PAY THE STABLE CONTRIBUTION
AMOUNT FOR A PERIOD OF TWENTY-FIVE YEARS PROVIDED, HOWEVER, THAT SUCH
TWENTY-FIVE YEAR PERIOD MAY BE INCREASED OR DECREASED AT THE DISCRETION
OF THE COMPTROLLER PURSUANT TO SUBDIVISION K OF THIS SECTION. THIS
LONG-TERM STABLE CONTRIBUTION OPTION SHALL COMMENCE IN THE FISCAL YEAR
ENDING MARCH THIRTY-FIRST, TWO THOUSAND FOURTEEN AND SHALL END AT THE
DISCRETION OF THE COMPTROLLER PURSUANT TO SUBDIVISION K OF THIS SECTION.
F. ANY PARTICIPATING MUNICIPAL EMPLOYER WHICH ELECTS TO PAY THE STABLE
CONTRIBUTION AMOUNT PURSUANT TO SUBDIVISIONS A, B, C, D AND E OF THIS
SECTION SHALL PAY THE AMOUNT BASED ON THE STABLE CONTRIBUTION RATE FOR A
S. 2605--B 30 A. 3005--B
PERIOD OF TWENTY-FIVE YEARS, SUCH TERM AS SUBJECT TO INCREASE OR
DECREASE AT THE DISCRETION OF THE COMPTROLLER PURSUANT TO SUBDIVISION K
OF THIS SECTION. THIS LONG-TERM STABLE CONTRIBUTION SHALL COMMENCE IN
THE FISCAL YEAR ENDING MARCH THIRTY-FIRST, TWO THOUSAND FOURTEEN AND
SHALL END AT THE DISCRETION OF THE COMPTROLLER PURSUANT TO SUBDIVISION K
OF THIS SECTION. UPON COMPLETION OF SUCH LONG-TERM STABLE CONTRIBUTION
OPTION, THE PARTICIPATING MUNICIPAL EMPLOYER SHALL RESUME PAYING NORMAL
AND ADMINISTRATIVE EMPLOYER CONTRIBUTIONS PURSUANT TO SECTIONS THREE
HUNDRED TWENTY-THREE AND THREE HUNDRED TWENTY-THREE-A OF THIS ARTICLE.
G. A PARTICIPATING MUNICIPAL EMPLOYER MAKING A PAYMENT PURSUANT TO
SUBDIVISIONS A, B, C, D, E AND F OF THIS SECTION SHALL PAY ON FEBRUARY
FIRST, TWO THOUSAND FOURTEEN AN AMOUNT DETERMINED BY THE COMPTROLLER BY
ADDING THE FOLLOWING TWO AMOUNTS TOGETHER:
(1) THE STABLE CONTRIBUTION AMOUNT CALCULATED PURSUANT TO SUBDIVISIONS
A, B, C, D, E AND F OF THIS SECTION; AND
(2) PAYMENTS FOR GROUP TERM LIFE INSURANCE, DEFICIENCY PAYMENTS,
ADJUSTMENTS RELATING TO PRIOR FISCAL YEARS' OBLIGATIONS, OBLIGATIONS
PERTAINING TO RETIREMENT INCENTIVES AND AMORTIZED PAYMENTS PURSUANT TO
SECTION THREE HUNDRED NINETEEN-A OF THIS TITLE OR ANY OTHER OBLIGATIONS
THAT A PARTICIPATING MUNICIPAL EMPLOYER IS PERMITTED TO PAY ON AN AMOR-
TIZED BASIS.
H. THE STABLE CONTRIBUTION AMOUNT MUST BE PAID IN FULL BY PARTICIPAT-
ING MUNICIPAL EMPLOYERS ON THE DATE SET FORTH IN SUBDIVISION C OF
SECTION THREE HUNDRED SEVENTEEN OF THIS TITLE.
I. A PARTICIPATING MUNICIPAL EMPLOYER WHICH ELECTS THE LONG-TERM
STABLE CONTRIBUTION OPTION SHALL BE PROHIBITED FROM AMORTIZING ANY
PORTION OF ITS FUTURE PENSION BILL PURSUANT TO THE OPTION OTHERWISE
AVAILABLE IN SECTION THREE HUNDRED NINETEEN-A OF THIS TITLE.
J. THE COMPTROLLER IS AUTHORIZED TO EVALUATE THE STABLE CONTRIBUTION
RATE USED TO CALCULATE PARTICIPATING MUNICIPAL EMPLOYER CONTRIBUTION
AMOUNTS IN THE FISCAL YEAR COMMENCING ON APRIL FIRST, TWO THOUSAND
SEVENTEEN AND SUBSEQUENTLY IN THE FISCAL YEAR COMMENCING ON APRIL FIRST,
TWO THOUSAND TWENTY-TWO. SUCH EVALUATION SHALL BE BASED ON A LONG-TERM
PROJECTION OF ASSETS AND LIABILITIES SO AS TO ENSURE THAT CONTRIBUTIONS
BY MUNICIPAL EMPLOYERS WHICH PARTICIPATE IN THE LONG-TERM STABLE
CONTRIBUTION OPTION ARE ADEQUATE TO ENSURE THAT SYSTEM ASSETS OVER THE
LONG-TERM STABLE CONTRIBUTION OPTION PERIOD ARE SUFFICIENT TO FUND BENE-
FITS FOR ACTIVE AND RETIRED MEMBERS ASSOCIATED WITH PARTICIPATING MUNIC-
IPAL EMPLOYERS. THE COMPTROLLER IS AUTHORIZED TO INCREASE THE STABLE
CONTRIBUTION RATE BY UP TO TWO PERCENTAGE POINTS AT SUCH FIVE-YEAR AND
SUBSEQUENT TEN-YEAR EVALUATION. THE REVISED STABLE CONTRIBUTION RATE
RESULTING FROM THE FIVE AND SUBSEQUENT TEN-YEAR EVALUATIONS MAY NOT, IN
COMBINATION, EXCEED TWENTY-TWO AND FIVE-TENTHS PERCENT. THE COMPTROLLER
IS AUTHORIZED TO DECREASE THE STABLE CONTRIBUTION RATE IF WARRANTED AT
THE TEN-YEAR EVALUATION BUT IN NO EVENT SHALL THE STABLE CONTRIBUTION
RATE BE LESS THAN EIGHTEEN AND FIVE-TENTHS PERCENT.
K. (1) THE BASELINE LONG-TERM STABLE CONTRIBUTION TERM SHALL BE TWEN-
TY-FIVE YEARS. PROVIDED, HOWEVER, SUCH BASELINE LONG-TERM STABLE
CONTRIBUTION TERM MAY EVENTUALLY BE INCREASED OR DECREASED, AT THE
DISCRETION OF THE COMPTROLLER, SO AS TO ENSURE THAT SYSTEM ASSETS ARE
SUFFICIENT TO FUND BENEFITS FOR ACTIVE AND RETIRED MEMBERS ASSOCIATED
WITH PARTICIPATING MUNICIPAL EMPLOYERS.
(2) THE COMPTROLLER IS AUTHORIZED TO EVALUATE THE BASELINE LONG-TERM
STABLE CONTRIBUTION TERM EVERY FIVE YEARS AFTER THE FISCAL YEAR COMMENC-
ING ON APRIL FIRST, TWO THOUSAND THIRTEEN. SUCH EVALUATION SHALL INFORM
PARTICIPATING MUNICIPAL EMPLOYERS WHETHER THE BASELINE LONG-TERM STABLE
S. 2605--B 31 A. 3005--B
CONTRIBUTION TERM IS EXPECTED TO INCREASE OR DECREASE PURSUANT TO PARA-
GRAPH ONE OF THIS SUBDIVISION AND THE DURATION OF SUCH INCREASE OR
DECREASE.
L. A PARTICIPATING MUNICIPAL EMPLOYER MAY ELECT TO TERMINATE PARTIC-
IPATION IN THE LONG-TERM STABLE CONTRIBUTION OPTION AND RESUME PAYMENT
OF THE NORMAL AND ADMINISTRATIVE CONTRIBUTIONS IN ACCORDANCE WITH
SECTIONS THREE HUNDRED TWENTY-THREE AND THREE HUNDRED TWENTY-THREE-A OF
THIS ARTICLE. PROVIDED, HOWEVER, THAT SUCH PARTICIPATING MUNICIPAL
EMPLOYER WHICH ELECTS TO TERMINATE PARTICIPATION SHALL MAKE A RECONCIL-
IATION CONTRIBUTION TO THE RETIREMENT SYSTEM, AT AN AMOUNT TO BE DETER-
MINED BY THE COMPTROLLER, ADEQUATE TO FUND THE BENEFITS FOR ACTIVE AND
RETIRED MEMBERS ASSOCIATED WITH SUCH PARTICIPATING MUNICIPAL EMPLOYER
HAD SUCH PARTICIPATING MUNICIPAL EMPLOYER NOT ELECTED THE PROVISIONS OF
THIS SECTION. SUCH RECONCILIATION CONTRIBUTION SHALL BE MADE OVER A
PERIOD NOT TO EXCEED FIVE YEARS AND SHALL BE MADE IN ADDITION TO THE
NORMAL AND ADMINISTRATIVE CONTRIBUTIONS PURSUANT TO SECTIONS THREE
HUNDRED TWENTY-THREE AND THREE HUNDRED TWENTY-THREE-A OF THIS ARTICLE
FOR THE FISCAL YEAR IN WHICH SUCH PARTICIPATING MUNICIPAL EMPLOYER
CHOOSES TO RESUME PAYMENT OF THE NORMAL AND ADMINISTRATIVE CONTRIBUTIONS
PURSUANT TO SECTIONS THREE HUNDRED TWENTY-THREE AND THREE HUNDRED TWEN-
TY-THREE-A OF THIS ARTICLE. TERMINATION OF THE LONG-TERM STABLE
CONTRIBUTION OPTION BY A PARTICIPATING MUNICIPAL EMPLOYER SHALL BE
SUBJECT TO TIMING AND NOTIFICATION PROCEDURES ESTABLISHED BY THE COMP-
TROLLER.
S 5. Paragraph 1 of subdivision b of section 323-a of the retirement
and social security law, as added by section 2 of part A of chapter 49
of the laws of 2003, is amended to read as follows:
1. revision of the schedule pertaining to the valuation, billing and
payment of contributions by the state and participating employers,
EXCLUDING PARTICIPATING MUNICIPAL EMPLOYERS AS DEFINED IN SECTION THREE
HUNDRED SEVENTEEN-E OF THIS ARTICLE, under which the valuation of the
assets and liabilities of the retirement system, EXCLUDING THE ASSETS
AND LIABILITIES ASSOCIATED WITH PARTICIPATING MUNICIPAL EMPLOYERS AS
DEFINED IN SECTION THREE HUNDRED SEVENTEEN-E OF THIS ARTICLE, undertaken
on the first day of a fiscal year shall be used to determine the
contribution rates to be applied to the pensionable salaries of the
state and participating employers, WITH THE EXCEPTION OF THE PENSIONABLE
SALARIES OF PARTICIPATING MUNICIPAL EMPLOYERS AS DEFINED IN SECTION
THREE HUNDRED SEVENTEEN-E OF THIS ARTICLE, for the next succeeding
fiscal year; and
S 6. Section 521 of the education law is amended by adding a new
subdivision 3 to read as follows:
3. LONG-TERM STABLE CONTRIBUTION OPTION FOR PARTICIPATING EDUCATIONAL
EMPLOYERS FOR THE TWO THOUSAND THIRTEEN--TWO THOUSAND FOURTEEN PLAN
YEAR. A. IN ADDITION TO THE DEFINITIONS IN SECTION FIVE HUNDRED ONE OF
THIS ARTICLE, WHEN USED IN THIS SUBDIVISION:
(1) "PARTICIPATING EDUCATIONAL EMPLOYER" SHALL MEAN A SCHOOL DISTRICT
OR BOARD OF COOPERATIVE EDUCATIONAL SERVICES WHO ELECTS TO PAY THE
STABLE CONTRIBUTION AMOUNT IN THE MANNER PROVIDED IN THIS SECTION.
(2) "STABLE CONTRIBUTION AMOUNT" SHALL MEAN AN AMOUNT EQUAL TO TWELVE
AND FIVE-TENTHS PERCENT OF THE ESTIMATED PENSIONABLE SALARY BASE (EXCLU-
SIVE OF PAYMENTS FOR GROUP TERM LIFE INSURANCE, DEFICIENCY CONTRIB-
UTIONS, ADJUSTMENTS RELATING TO PRIOR FISCAL YEARS' OBLIGATIONS, OBLI-
GATIONS PERTAINING TO RETIREMENT INCENTIVES OR ANY OTHER OBLIGATIONS
THAT A PARTICIPATING EDUCATIONAL EMPLOYER IS PERMITTED TO PAY ON AN
AMORTIZED BASIS).
S. 2605--B 32 A. 3005--B
(3) "STABLE CONTRIBUTION RATE" SHALL MEAN TWELVE AND FIVE-TENTHS
PERCENT.
B. NOTWITHSTANDING THE PROVISIONS OF THIS CHAPTER OR ANY OTHER LAW TO
THE CONTRARY, THE RETIREMENT BOARD, IN ITS DISCRETION, SHALL HAVE
AUTHORITY TO IMPLEMENT THE PROVISIONS OF THIS SUBDIVISION. IF THE
RETIREMENT BOARD ELECTS TO IMPLEMENT THE PROVISIONS OF THIS SUBDIVISION,
THE PROVISIONS OF THIS SECTION SHALL APPLY TO THE PAYMENT OF PARTICIPAT-
ING EDUCATIONAL EMPLOYER CONTRIBUTIONS IN THE FISCAL YEAR COMMENCING
JULY FIRST, TWO THOUSAND THIRTEEN, FOR THE PENSION BILL WHICH WILL BE
PAID ON SEPTEMBER FIFTEENTH, OCTOBER FIFTEENTH, AND NOVEMBER FIFTEENTH
OF TWO THOUSAND FOURTEEN, AND FOR SUBSEQUENT FISCAL YEARS. IF A PARTIC-
IPATING EDUCATIONAL EMPLOYER DOES NOT ELECT THE STABLE CONTRIBUTION
OPTION IN THE FISCAL YEAR COMMENCING ON JULY FIRST, TWO THOUSAND THIR-
TEEN FOR THE PENSION BILL WHICH WILL BE PAID ON SEPTEMBER FIFTEENTH,
OCTOBER FIFTEENTH, AND NOVEMBER FIFTEENTH OF TWO THOUSAND FOURTEEN, IT
SHALL NOT BE ELIGIBLE TO ELECT THE STABLE EMPLOYER CONTRIBUTION OPTION
IN ANY SUCCEEDING FISCAL YEAR.
C. FOR EACH PLAN YEAR TO WHICH THE PROVISIONS OF THIS SUBDIVISION
APPLY, THE RETIREMENT BOARD SHALL USE A STABLE CONTRIBUTION RATE FOR
PARTICIPATING EDUCATIONAL EMPLOYERS.
D. IF THE RETIREMENT BOARD, IN ITS DISCRETION, DECIDES TO PERMIT A
STABLE EMPLOYER CONTRIBUTION OPTION PURSUANT TO THIS SUBDIVISION, THEN,
THE RETIREMENT BOARD SHALL DETERMINE THE STABLE CONTRIBUTION AMOUNT FOR
A PARTICIPATING EDUCATIONAL EMPLOYER PURSUANT TO SUBPARAGRAPH TWO OF
PARAGRAPH A OF THIS SUBDIVISION. SUCH CONTRIBUTION SHALL BE IN LIEU OF A
PARTICIPATING EDUCATIONAL EMPLOYER'S NORMAL CONTRIBUTIONS AND ADMINIS-
TRATIVE CONTRIBUTIONS PURSUANT TO SECTIONS FIVE HUNDRED SEVENTEEN AND
FIVE HUNDRED NINETEEN OF THIS ARTICLE FOR THE FISCAL YEAR COMMENCING
JULY FIRST, TWO THOUSAND THIRTEEN, AND FOR SUBSEQUENT FISCAL YEARS.
E. PARTICIPATING EDUCATIONAL EMPLOYERS ARE AUTHORIZED TO CHOOSE THE
STABLE EMPLOYER CONTRIBUTION OPTION ONLY IN THE FISCAL YEAR COMMENCING
JULY FIRST, TWO THOUSAND THIRTEEN FOR THE PENSION BILL WHICH WILL BE
PAID ON SEPTEMBER FIFTEENTH, OCTOBER FIFTEENTH, AND NOVEMBER FIFTEENTH
OF TWO THOUSAND FOURTEEN. A PARTICIPATING EDUCATIONAL EMPLOYER, MAY, IN
LIEU OF PAYING ITS NORMAL AND ADMINISTRATIVE CONTRIBUTION COMMENCING
WITH THE JULY FIRST, TWO THOUSAND THIRTEEN FISCAL YEAR PENSION BILL, PAY
THE STABLE CONTRIBUTION AMOUNT. SUCH PARTICIPATING EDUCATIONAL EMPLOYER
SHALL PAY THE STABLE CONTRIBUTION AMOUNT FOR A PERIOD OF TWENTY-FIVE
YEARS PROVIDED, HOWEVER, THAT SUCH TWENTY-FIVE YEAR PERIOD MAY BE
INCREASED OR DECREASED AT THE DISCRETION OF THE RETIREMENT BOARD PURSU-
ANT TO PARAGRAPH J OF THIS SUBDIVISION. THIS LONG-TERM STABLE CONTRIB-
UTION OPTION SHALL COMMENCE WITH THE JULY FIRST, TWO THOUSAND THIRTEEN
FISCAL YEAR AND SHALL END AT THE DISCRETION OF THE RETIREMENT BOARD
PURSUANT TO PARAGRAPH J OF THIS SUBDIVISION.
F. ANY PARTICIPATING EDUCATIONAL EMPLOYER WHICH ELECTS TO PAY THE
STABLE CONTRIBUTION AMOUNT PURSUANT TO PARAGRAPHS A, B, C, D AND E OF
THIS SUBDIVISION SHALL PAY THE AMOUNT BASED ON THE STABLE CONTRIBUTION
RATE FOR A PERIOD OF TWENTY-FIVE YEARS, SUCH TERM AS SUBJECT TO INCREASE
OR DECREASE AT THE DISCRETION OF THE RETIREMENT BOARD PURSUANT TO PARA-
GRAPH J OF THIS SUBDIVISION. THIS LONG-TERM STABLE CONTRIBUTION SHALL
COMMENCE WITH THE JULY FIRST, TWO THOUSAND THIRTEEN FISCAL YEAR AND
SHALL END AT THE DISCRETION OF THE RETIREMENT BOARD PURSUANT TO PARA-
GRAPH J OF THIS SUBDIVISION. UPON COMPLETION OF SUCH LONG-TERM STABLE
CONTRIBUTION OPTION, THE PARTICIPATING EDUCATIONAL EMPLOYER SHALL RESUME
PAYING NORMAL AND ADMINISTRATIVE CONTRIBUTIONS PURSUANT TO SECTIONS FIVE
HUNDRED SEVENTEEN AND FIVE HUNDRED NINETEEN OF THIS ARTICLE.
S. 2605--B 33 A. 3005--B
G. A PARTICIPATING EDUCATIONAL EMPLOYER MAKING A PAYMENT PURSUANT TO
PARAGRAPHS A, B, C, D, E AND F OF THIS SUBDIVISION SHALL PAY COMMENCING
WITH THE JULY FIRST, TWO THOUSAND THIRTEEN FISCAL YEAR AN AMOUNT DETER-
MINED BY THE RETIREMENT BOARD BY ADDING THE FOLLOWING TWO AMOUNTS
TOGETHER:
(1) THE STABLE CONTRIBUTION AMOUNT CALCULATED PURSUANT TO PARAGRAPHS
A, B, C, D, E AND F OF THIS SUBDIVISION; AND
(2) PAYMENTS FOR GROUP TERM LIFE INSURANCE, DEFICIENCY PAYMENTS,
ADJUSTMENTS RELATING TO PRIOR FISCAL YEARS' OBLIGATIONS AND OBLIGATIONS
PERTAINING TO RETIREMENT INCENTIVES OR ANY OTHER OBLIGATIONS THAT A
PARTICIPATING EDUCATIONAL EMPLOYER IS PERMITTED TO PAY ON AN AMORTIZED
BASIS.
H. THE STABLE CONTRIBUTION AMOUNT MUST BE PAID IN FULL BY PARTICIPAT-
ING EDUCATIONAL EMPLOYERS ON THE DATES SPECIFIED IN PARAGRAPH H OF
SUBDIVISION TWO OF THIS SECTION.
I. THE RETIREMENT BOARD IS AUTHORIZED TO EVALUATE THE STABLE CONTRIB-
UTION RATE USED TO CALCULATE PARTICIPATING EDUCATIONAL EMPLOYER CONTRIB-
UTION AMOUNTS IN THE FISCAL YEAR COMMENCING ON JULY FIRST, TWO THOUSAND
SEVENTEEN AND SUBSEQUENTLY IN THE FISCAL YEAR COMMENCING ON JULY FIRST,
TWO THOUSAND TWENTY-TWO. SUCH EVALUATION SHALL BE BASED ON A LONG-TERM
PROJECTION OF ASSETS AND LIABILITIES SO AS TO ENSURE THAT CONTRIBUTIONS
BY PARTICIPATING EDUCATIONAL EMPLOYERS WHICH PARTICIPATE IN THE
LONG-TERM STABLE CONTRIBUTION OPTION ARE ADEQUATE TO ENSURE THAT SYSTEM
ASSETS OVER THE LONG-TERM STABLE OPTION PERIOD ARE SUFFICIENT TO FUND
BENEFITS FOR ACTIVE AND RETIRED MEMBERS ASSOCIATED WITH PARTICIPATING
EDUCATIONAL EMPLOYERS. THE RETIREMENT BOARD IS AUTHORIZED TO INCREASE
THE STABLE CONTRIBUTION RATE BY UP TO TWO PERCENTAGE POINTS AT SUCH
FIVE-YEAR AND SUBSEQUENT TEN-YEAR EVALUATION. THE REVISED STABLE
CONTRIBUTION RATE RESULTING FROM THE FIVE AND SUBSEQUENT TEN-YEAR EVALU-
ATION MAY NOT, IN COMBINATION, EXCEED SIXTEEN AND FIVE-TENTHS PERCENT.
THE RETIREMENT BOARD IS AUTHORIZED TO DECREASE THE STABLE CONTRIBUTION
RATE IF WARRANTED AT THE TEN-YEAR EVALUATION BUT IN NO EVENT SHALL THE
STABLE CONTRIBUTION RATE BE LESS THAN TWELVE AND FIVE-TENTHS PERCENT.
J. (1) THE BASELINE LONG-TERM STABLE CONTRIBUTION TERM SHALL BE TWEN-
TY-FIVE YEARS. PROVIDED, HOWEVER, SUCH BASELINE LONG-TERM STABLE
CONTRIBUTION TERM MAY EVENTUALLY BE INCREASED OR DECREASED, AT THE
DISCRETION OF THE RETIREMENT BOARD, SO AS TO ENSURE THAT SYSTEM ASSETS
ARE SUFFICIENT TO FUND BENEFITS FOR ACTIVE AND RETIRED MEMBERS ASSOCI-
ATED WITH PARTICIPATING EDUCATIONAL EMPLOYERS.
(2) THE RETIREMENT BOARD IS AUTHORIZED TO EVALUATE THE BASELINE LONG-
TERM STABLE CONTRIBUTION TERM EVERY FIVE YEARS AFTER THE FISCAL YEAR
COMMENCING ON JULY FIRST, TWO THOUSAND THIRTEEN. SUCH EVALUATION SHALL
INFORM PARTICIPATING EDUCATIONAL EMPLOYERS WHETHER THE BASELINE
LONG-TERM STABLE CONTRIBUTION TERM IS EXPECTED TO INCREASE OR DECREASE
PURSUANT TO SUBPARAGRAPH ONE OF THIS PARAGRAPH AND THE DURATION OF SUCH
INCREASE OR DECREASE.
K. A PARTICIPATING EDUCATIONAL EMPLOYER MAY ELECT TO TERMINATE PARTIC-
IPATION IN THE LONG-TERM STABLE CONTRIBUTION OPTION AND RESUME PAYMENT
OF THE NORMAL AND ADMINISTRATIVE CONTRIBUTIONS IN ACCORDANCE WITH
SECTIONS FIVE HUNDRED SEVENTEEN AND FIVE HUNDRED NINETEEN OF THIS ARTI-
CLE. PROVIDED, HOWEVER, THAT SUCH PARTICIPATING EDUCATIONAL EMPLOYER
WHICH ELECTS TO TERMINATE PARTICIPATION SHALL MAKE A RECONCILIATION
CONTRIBUTION TO THE RETIREMENT SYSTEM, AT AN AMOUNT TO BE DETERMINED BY
THE RETIREMENT BOARD, ADEQUATE TO FUND THE BENEFITS FOR ACTIVE AND
RETIRED MEMBERS ASSOCIATED WITH SUCH PARTICIPATING EDUCATIONAL EMPLOYER
HAD SUCH PARTICIPATING EDUCATIONAL EMPLOYER NOT ELECTED THE PROVISIONS
S. 2605--B 34 A. 3005--B
OF THIS SECTION. SUCH RECONCILIATION CONTRIBUTION SHALL BE MADE OVER A
PERIOD NOT TO EXCEED FIVE YEARS AND SHALL BE MADE IN ADDITION TO THE
NORMAL AND ADMINISTRATIVE CONTRIBUTIONS PURSUANT TO SECTIONS FIVE
HUNDRED SEVENTEEN AND FIVE HUNDRED NINETEEN OF THIS ARTICLE FOR THE
FISCAL YEAR IN WHICH SUCH PARTICIPATING EDUCATIONAL EMPLOYER CHOOSES TO
RESUME PAYMENT OF THE NORMAL AND ADMINISTRATIVE CONTRIBUTIONS PURSUANT
TO SECTIONS FIVE HUNDRED SEVENTEEN AND FIVE HUNDRED NINETEEN OF THIS
ARTICLE. TERMINATION OF THE LONG-TERM STABLE CONTRIBUTION OPTION BY A
PARTICIPATING EDUCATIONAL EMPLOYER SHALL BE SUBJECT TO TIMING AND
NOTIFICATION PROCEDURES ESTABLISHED BY THE RETIREMENT BOARD.
S 7. Paragraph a of subdivision 2 of section 517 of the education law
is amended to read as follows:
a. On account of each teacher who is a member of the retirement system
there shall be paid annually into the pension accumulation fund by
employers, a certain percentage of the earnable compensation of each of
such members of the retirement system to be known as the "normal
contribution" and a further percentage known as the "deficiency contrib-
ution." The rates per centum of such contributions shall be fixed on the
basis of the liabilities of the retirement system as shown by actuarial
valuations; PROVIDED, HOWEVER, THAT THE RATE PER CENTUM OF THE NORMAL
CONTRIBUTION BE FIXED ON THE BASIS OF THE LIABILITIES OF THE RETIREMENT
SYSTEM AS SHOWN BY ACTUARIAL VALUATIONS, EXCLUDING THE LIABILITIES ASSO-
CIATED WITH PARTICIPATING EDUCATIONAL EMPLOYERS AS DEFINED IN SUBPARA-
GRAPH ONE OF PARAGRAPH A OF SUBDIVISION THREE OF SECTION FIVE HUNDRED
TWENTY-ONE OF THIS ARTICLE.
S 8. This act shall take effect immediately.
FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
This bill would amend the Retirement and Social Security Law and the
Education Law as it pertains to bills for certain eligible employers of
the New York State and Local Employees' Retirement System (ERS), the New
York State and Local Police and Fire Retirement System (PFRS), and the
Teachers' Retirement System (TRS).
This bill puts in place a program that allows ERS, PFRS and TRS local
government and school district employers, if they choose to participate,
to secure a long-term stable employer contribution rate instead of the
fluctuating normal employer contribution rate applied to the employer's
pensionable wage base. The Comptroller and the TRS Retirement Board
will determine the final length of the stable pension contribution term
by increasing or decreasing such term to ensure appropriate pension
system funding. The stable pension contribution rates would be 12
percent for ERS, 12.5 percent for TRS, and 18.5 percent for PFRS. These
stable pension contribution rates could be increased, by up to two
percentage points, at the discretion of the Comptroller and the TRS
Retirement Board, upon evaluations by System actuaries, five and ten
years after commencement of the long-term stable contribution option.
If this bill is enacted, we estimate that there would be little or no
impact on the funded status of the ERS, PFRS and TRS systems over the
full term of the program. For those local governments and school
districts which elect this option, employer pension contributions would
be less than the normal employer pension contributions they would other-
wise pay in the early years of the long-term stable employer contrib-
ution option and employer pension contributions would be more than the
normal employer contributions they would otherwise pay in the later
years of the option.
S. 2605--B 35 A. 3005--B
This estimate, dated January 22, 2013, and intended for use only
during the 2013 Legislative Session, is prepared by the State of New
York Division of the Budget.
PART H
Section 1. Section 167-a of the civil service law, as amended by
section 1 of part I of chapter 55 of the laws of 2012, is amended to
read as follows:
S 167-a. Reimbursement for medicare premium charges. Upon exclusion
from the coverage of the health benefit plan of supplementary medical
insurance benefits for which an active or retired employee or a depend-
ent covered by the health benefit plan is or would be eligible under the
federal old-age, survivors and disability insurance program, an amount
equal to the STANDARD MEDICARE premium charge WITHOUT ANY INCOME-RELATED
ADJUSTMENT for such supplementary medical insurance benefits for such
active or retired employee and his or her dependents, if any, shall be
paid monthly or at other intervals to such active or retired employee
from the health insurance fund. Where appropriate, such amount may be
deducted from contributions payable by the employee or retired employee;
or where appropriate in the case of a retired employee receiving a
retirement allowance, such amount may be included with payments of his
or her retirement allowance. All state employer, employee, retired
employee and dependent contributions to the health insurance fund,
including contributions from public authorities, public benefit corpo-
rations or other quasi-public organizations of the state eligible for
participation in the health benefit plan as authorized by subdivision
two of section one hundred sixty-three of this article, shall be
adjusted as necessary to cover the cost of reimbursing federal old-age,
survivors and disability insurance program premium charges under this
section. This cost shall be included in the calculation of premium or
subscription charges for health coverage provided to employees and
retired employees of the state, public authorities, public benefit
corporations or other quasi-public organizations of the state; provided,
however, the state, public authorities, public benefit corporations or
other quasi-public organizations of the state shall remain obligated to
pay no less than its share of such increased cost consistent with its
share of premium or subscription charges provided for by this article.
All other employer contributions to the health insurance fund shall be
adjusted as necessary to provide for such payments.
S 2. This act shall take effect immediately and shall be deemed to
have been in full force and effect on and after January 1, 2013.
PART I
Section 1. The state finance law is amended by adding a new section
99-u to read as follows:
S 99-U. NEW YORK STATE GAMING COMMISSION ACCOUNT. 1. THERE IS HEREBY
ESTABLISHED IN THE JOINT CUSTODY OF THE COMPTROLLER AND THE EXECUTIVE
DIRECTOR OF THE NEW YORK STATE GAMING COMMISSION AN ACCOUNT IN THE
MISCELLANEOUS SPECIAL REVENUE FUND TO BE KNOWN AS THE "NEW YORK STATE
GAMING COMMISSION ACCOUNT".
2. SUCH ACCOUNT SHALL CONSIST OF MONEYS TRANSFERRED THERETO FROM THE
STATE LOTTERY FUND ADMINISTRATION ACCOUNT, THE REGULATION OF RACING
ACCOUNT, THE BELL JAR COLLECTION ACCOUNT OR THE REGULATION OF INDIAN
GAMING ACCOUNT.
S. 2605--B 36 A. 3005--B
3. ALL MONEYS IN THE NEW YORK STATE GAMING COMMISSION ACCOUNT SHALL BE
AVAILABLE, SUBJECT TO APPROPRIATION, FOR THE PAYMENT OF ADMINISTRATIVE
EXPENSES OF THE NEW YORK STATE GAMING COMMISSION.
S 2. This act shall take effect immediately and shall be deemed to
have been in full force and effect on and after February 1, 2013.
PART J
Section 1. Paragraphs 2 and 3 of subdivision b of section 1612 of the
tax law, as amended by section 1 of part O1 of chapter 57 of the laws of
2009, are amended to read as follows:
2. As consideration for the operation of a video lottery gaming facil-
ity, the division, shall cause the investment in the racing industry of
a portion of the vendor fee received pursuant to paragraph one of this
subdivision in the manner set forth in this subdivision. With the
exception of Aqueduct racetrack, each such track shall dedicate a
portion of its vendor fees, received pursuant to clause (A), (B), (C),
(D), (E), (F), or (G) of subparagraph (ii) of paragraph one of this
subdivision, solely for the purpose of enhancing purses at such track,
in an amount equal to eight and three-quarters percent of the total
revenue wagered at the vendor track after pay out for prizes. ONE
PERCENT OF SUCH PURSE ENHANCEMENT AMOUNT SHALL BE PAID TO THE GAMING
COMMISSION TO BE USED EXCLUSIVELY TO PROMOTE AND ENSURE EQUINE HEALTH
AND SAFETY IN NEW YORK. ANY PORTION OF SUCH FUNDING TO THE GAMING
COMMISSION UNUSED DURING A FISCAL YEAR SHALL BE RETURNED TO THE VIDEO
LOTTERY GAMING OPERATORS ON A PRO RATA BASIS IN ACCORDANCE WITH THE
AMOUNTS ORIGINALLY CONTRIBUTED BY EACH OPERATOR AND SHALL BE USED FOR
THE PURPOSE OF ENHANCING PURSES AT SUCH TRACK. In addition, with the
exception of Aqueduct racetrack, one and one-quarter percent of total
revenue wagered at the vendor track after pay out for prizes, received
pursuant to clause (A), (B), (C), (D), (E), (F), or (G) of subparagraph
(ii) of paragraph one of this subdivision, shall be distributed to the
appropriate breeding fund for the manner of racing conducted by such
track.
Provided, further, that nothing in this paragraph shall prevent each
track from entering into an agreement, not to exceed five years, with
the organization authorized to represent its horsemen to increase or
decrease the portion of its vendor fee dedicated to enhancing purses at
such track during the years of participation by such track, or to race
fewer dates than required herein.
3. Nothing in paragraph two of this subdivision shall affect any
agreement in effect on or before the effective date of this paragraph,
EXCEPT THAT THE OBLIGATION TO PAY FUNDS TO THE GAMING COMMISSION TO
PROMOTE AND ENSURE EQUINE HEALTH AND SAFETY SHALL SUPERSEDE ANY
PROVISION TO THE CONTRARY IN ANY SUCH AGREEMENT.
S 2. Paragraph 1 of subdivision f of section 1612 of the tax law, as
amended by chapter 140 of the laws of 2008, is amended to read as
follows:
1. Six and one-half percent of the total wagered after payout of
prizes for the first year of operation of video lottery gaming at Aque-
duct racetrack, seven percent of the total wagered after payout of
prizes for the second year of operation, and seven and one-half percent
of the total wagered after payout of prizes for the third year of opera-
tion and thereafter, for the purpose of enhancing purses at Aqueduct
racetrack, Belmont Park racetrack and Saratoga race course. ONE PERCENT
OF SUCH PURSE ENHANCEMENT AMOUNT SHALL BE PAID TO THE GAMING COMMISSION
S. 2605--B 37 A. 3005--B
TO BE USED EXCLUSIVELY TO PROMOTE AND ENSURE EQUINE HEALTH AND SAFETY IN
NEW YORK. ANY PORTION OF SUCH FUNDING TO THE GAMING COMMISSION UNUSED
DURING A FISCAL YEAR SHALL BE RETURNED ON A PRO RATA BASIS IN ACCORDANCE
WITH THE AMOUNTS ORIGINALLY CONTRIBUTED AND SHALL BE USED FOR THE
PURPOSE OF ENHANCING PURSES AT SUCH TRACKS.
S 3. This act shall take effect immediately.
PART K
Section 1. Subparagraph (vii) of paragraph q of subdivision 10 of
section 54 of the state finance law, as added by section 3 of part K of
chapter 57 of the laws of 2011, is amended to read as follows:
(vii) Matching funds equal to [ten] AT LEAST FIFTY percent of the
total cost of activities under the grant work plan approved by the
department of state shall be required FOR A LOCAL GOVERNMENT RE-ORGANI-
ZATION GRANT FOR A RE-ORGANIZATION STUDY, EXCEPT FOR SUCH GRANTS THAT
ARE AWARDED TO A LOCAL GOVERNMENT ENTITY ELIGIBLE FOR AN EXPEDITED GRANT
PURSUANT TO SUBPARAGRAPH (V) OF THIS PARAGRAPH. UPON IMPLEMENTATION OF
THE LOCAL GOVERNMENT RE-ORGANIZATION, THE LOCAL MATCHING FUNDS REQUIRED
BY SUCH GRANT FOR A RE-ORGANIZATION STUDY SHALL BE REFUNDED EXCEPT FOR
TEN PERCENT OF THE TOTAL COST OF ACTIVITIES UNDER THE GRANT WORK PLAN
APPROVED BY THE DEPARTMENT OF STATE. MATCHING FUNDS EQUAL TO AT LEAST
TEN PERCENT OF THE TOTAL COST OF ACTIVITIES UNDER THE GRANT WORK PLAN
APPROVED BY THE DEPARTMENT OF STATE SHALL BE REQUIRED FOR A LOCAL
GOVERNMENT RE-ORGANIZATION GRANT FOR A RE-ORGANIZATION STUDY AWARDED TO
A LOCAL GOVERNMENT ENTITY ELIGIBLE FOR AN EXPEDITED GRANT PURSUANT TO
SUBPARAGRAPH (V) OF THIS PARAGRAPH AND FOR A LOCAL GOVERNMENT RE-ORGANI-
ZATION GRANT FOR THE IMPLEMENTATION OF A RE-ORGANIZATION.
S 2. The opening paragraph of paragraph r of subdivision 10 of
section 54 of the state finance law, as added by section 3 of part K of
chapter 57 of the laws of 2011, is amended to read as follows:
Local government efficiency grant program beginning in the state
fiscal year commencing April first, two thousand eleven AND CONTINUING
UNTIL THE END OF THE STATE FISCAL YEAR COMMENCING APRIL FIRST, TWO THOU-
SAND TWELVE.
S 3. Paragraphs s and t of subdivision 10 of section 54 of the state
finance law, paragraph t as relettered by section 3 of part K of chapter
57 of the laws of 2011, are relettered paragraphs t and u and a new
paragraph s is added to read as follows:
S. LOCAL GOVERNMENT EFFICIENCY GRANT PROGRAM BEGINNING IN THE STATE
FISCAL YEAR COMMENCING APRIL FIRST, TWO THOUSAND THIRTEEN. (I) (1) FOR
THE PURPOSES OF THIS PARAGRAPH, "MUNICIPALITY" SHALL MEAN A COUNTY,
CITY, TOWN, VILLAGE, SPECIAL IMPROVEMENT DISTRICT, FIRE DISTRICT, PUBLIC
LIBRARY, ASSOCIATION LIBRARY, OR PUBLIC LIBRARY SYSTEM AS DEFINED BY
SECTION TWO HUNDRED SEVENTY-TWO OF THE EDUCATION LAW, PROVIDED HOWEVER,
THAT FOR THE PURPOSES OF THIS DEFINITION, A PUBLIC LIBRARY SYSTEM SHALL
BE CONSIDERED A MUNICIPALITY ONLY IN INSTANCES WHERE SUCH PUBLIC LIBRARY
SYSTEM ADVANCES A JOINT APPLICATION ON BEHALF OF ITS MEMBER LIBRARIES,
WATER AUTHORITY, SEWER AUTHORITY, REGIONAL PLANNING AND DEVELOPMENT
BOARD, SCHOOL DISTRICT, OR BOARD OF COOPERATIVE EDUCATIONAL SERVICES;
PROVIDED, HOWEVER, THAT FOR THE PURPOSES OF THIS DEFINITION, A BOARD OF
COOPERATIVE EDUCATIONAL SERVICES SHALL BE CONSIDERED A MUNICIPALITY ONLY
IN INSTANCES WHERE SUCH BOARD OF COOPERATIVE EDUCATIONAL SERVICES
ADVANCES A JOINT APPLICATION ON BEHALF OF SCHOOL DISTRICTS AND OTHER
MUNICIPALITIES WITHIN THE BOARD OF COOPERATIVE EDUCATIONAL SERVICES
REGION; PROVIDED, HOWEVER, THAT ANY AGREEMENTS WITH A BOARD OF COOPER-
S. 2605--B 38 A. 3005--B
ATIVE EDUCATIONAL SERVICES: SHALL NOT GENERATE ADDITIONAL STATE AID;
SHALL BE DEEMED NOT TO BE A PART OF THE PROGRAM, CAPITAL AND ADMINISTRA-
TIVE BUDGETS OF THE BOARD OF COOPERATIVE EDUCATIONAL SERVICES FOR THE
PURPOSES OF COMPUTING CHARGES UPON COMPONENT SCHOOL DISTRICTS PURSUANT
TO SUBDIVISION ONE AND SUBPARAGRAPH SEVEN OF PARAGRAPH B OF SUBDIVISION
FOUR OF SECTION NINETEEN HUNDRED FIFTY AND SUBDIVISION ONE OF SECTION
NINETEEN HUNDRED FIFTY-ONE OF THE EDUCATION LAW; AND SHALL BE DEEMED TO
BE A COOPERATIVE MUNICIPAL SERVICE FOR PURPOSES OF SUBPARAGRAPH TWO OF
PARAGRAPH D OF SUBDIVISION FOUR OF SECTION NINETEEN HUNDRED FIFTY OF THE
EDUCATION LAW.
(2) FOR THE PURPOSES OF THIS PARAGRAPH, "FUNCTIONAL CONSOLIDATION"
SHALL MEAN ONE MUNICIPALITY COMPLETELY PROVIDING A SERVICE OR FUNCTION
FOR ANOTHER MUNICIPALITY, WHICH NO LONGER PROVIDES SUCH SERVICE OR FUNC-
TION.
(II) WITHIN THE ANNUAL AMOUNTS APPROPRIATED THEREFOR, THE SECRETARY OF
STATE MAY AWARD COMPETITIVE GRANTS TO MUNICIPALITIES TO COVER COSTS
ASSOCIATED WITH LOCAL GOVERNMENT EFFICIENCY PROJECTS, INCLUDING, BUT NOT
LIMITED TO, PLANNING FOR OR IMPLEMENTATION OF A MUNICIPAL CONSOLIDATION
OR DISSOLUTION, A FUNCTIONAL CONSOLIDATION, A CITY OR COUNTY CHARTER
REVISION THAT INCLUDES FUNCTIONAL CONSOLIDATION, SHARED OR COOPERATIVE
SERVICES, AND REGIONALIZED DELIVERY OF SERVICES; PROVIDED, HOWEVER, THAT
SUCH LOCAL GOVERNMENT EFFICIENCY PROJECTS MUST DEMONSTRATE NEW OPPORTU-
NITIES FOR FINANCIAL SAVINGS AND OPERATIONAL EFFICIENCIES; PROVIDED,
FURTHER, THAT ELIGIBLE LOCAL GOVERNMENT EFFICIENCY PROJECTS SHALL NOT
INCLUDE STUDIES AND PLANS FOR A LOCAL GOVERNMENT RE-ORGANIZATION ELIGI-
BLE TO RECEIVE A LOCAL GOVERNMENT CITIZENS RE-ORGANIZATION EMPOWERMENT
GRANT PURSUANT TO PARAGRAPH Q OF THIS SUBDIVISION. THE SECRETARY OF
STATE MAY FOCUS THE GRANT PROGRAM IN SPECIFIC FUNCTIONAL AREAS, WITHIN
DISTRESSED COMMUNITIES AND AREAS OF HISTORICALLY HIGH LOCAL GOVERNMENT
COSTS AND PROPERTY TAXES, OR IN AREAS OF UNIQUE OPPORTUNITY, IN WHICH
CASE SUCH AREAS OF FOCUS SHALL BE DETAILED IN A REQUEST FOR APPLICA-
TIONS.
(III) ANY APPROVED PROJECT SHALL INCLUDE AN EXAMINATION OF FINANCIAL
SAVINGS, RETURN ON PUBLIC INVESTMENT AND MANAGEMENT IMPROVEMENTS RESULT-
ING FROM PROJECT IMPLEMENTATION.
(IV) LOCAL GOVERNMENT EFFICIENCY GRANTS MAY BE USED TO COVER COSTS
INCLUDING, BUT NOT LIMITED TO, LEGAL AND CONSULTANT SERVICES, CAPITAL
IMPROVEMENTS, TRANSITIONAL PERSONNEL COSTS AND OTHER NECESSARY EXPENSES
RELATED TO IMPLEMENTING THE APPROVED LOCAL GOVERNMENT EFFICIENCY GRANT
WORK PLAN. GRANTS MAY BE USED FOR CAPITAL IMPROVEMENTS, TRANSITIONAL
PERSONNEL COSTS OR JOINT EQUIPMENT PURCHASES ONLY WHERE SUCH EXPENSES
ARE INTEGRAL TO IMPLEMENTATION OF THE LOCAL GOVERNMENT EFFICIENCY
PROJECT. NO PART OF THE GRANT SHALL BE USED BY THE APPLICANT FOR RECUR-
RING EXPENSES SUCH AS SALARIES, EXCEPT THAT THE SALARIES OF CERTAIN
TRANSITIONAL PERSONNEL ESSENTIAL FOR THE IMPLEMENTATION OF THE APPROVED
LOCAL GOVERNMENT EFFICIENCY GRANT WORK PLAN SHALL BE ELIGIBLE FOR A
PERIOD NOT TO EXCEED THREE YEARS. THE AMOUNTS AWARDED TO A SCHOOL
DISTRICT PURSUANT TO THIS SUBPARAGRAPH SHALL NOT BE INCLUDED IN THE
APPROVED OPERATING EXPENSE OF THE SCHOOL DISTRICT AS DEFINED IN PARA-
GRAPH T OF SUBDIVISION ONE OF SECTION THIRTY-SIX HUNDRED TWO OF THE
EDUCATION LAW.
(V) THE MAXIMUM CUMULATIVE GRANT AWARD FOR A LOCAL GOVERNMENT EFFI-
CIENCY PROJECT SHALL NOT EXCEED TWO HUNDRED THOUSAND DOLLARS PER MUNICI-
PALITY; PROVIDED, HOWEVER, THAT IN NO CASE SHALL SUCH A PROJECT RECEIVE
A CUMULATIVE GRANT AWARD IN EXCESS OF ONE MILLION DOLLARS. THE MAXIMUM
GRANT AWARD FOR A LOCAL GOVERNMENT EFFICIENCY PLANNING PROJECT, OR THE
S. 2605--B 39 A. 3005--B
PLANNING COMPONENT OF A PROJECT THAT INCLUDES BOTH PLANNING AND IMPLE-
MENTATION OF A LOCAL GOVERNMENT EFFICIENCY PROJECT, SHALL NOT EXCEED
TWELVE THOUSAND FIVE HUNDRED DOLLARS PER MUNICIPALITY; PROVIDED, HOWEV-
ER, THAT IN NO EVENT SHALL SUCH A PLANNING PROJECT RECEIVE A GRANT AWARD
IN EXCESS OF ONE HUNDRED THOUSAND DOLLARS.
(VI) LOCAL MATCHING FUNDS EQUAL TO AT LEAST FIFTY PERCENT OF THE TOTAL
COST OF ACTIVITIES UNDER THE GRANT WORK PLAN APPROVED BY THE DEPARTMENT
OF STATE SHALL BE REQUIRED FOR PLANNING GRANTS, AND LOCAL MATCHING FUNDS
EQUAL TO AT LEAST TEN PERCENT OF THE TOTAL COST OF ACTIVITIES UNDER THE
GRANT WORK PLAN APPROVED BY THE DEPARTMENT OF STATE SHALL BE REQUIRED
FOR IMPLEMENTATION GRANTS. IN THE EVENT AN APPLICANT IS IMPLEMENTING A
PROJECT THAT THE APPLICANT DEVELOPED THROUGH A SUCCESSFULLY COMPLETED
PLANNING GRANT FUNDED UNDER THE LOCAL GOVERNMENT EFFICIENCY GRANT
PROGRAM OR THE SHARED MUNICIPAL SERVICES INCENTIVE GRANT PROGRAM, THE
LOCAL MATCHING FUNDS REQUIRED SHALL BE REDUCED BY THE LOCAL MATCHING
FUNDS REQUIRED BY SUCH SUCCESSFULLY COMPLETED PLANNING GRANT UP TO THE
AMOUNT OF LOCAL MATCHING FUNDS REQUIRED FOR THE IMPLEMENTATION GRANT.
(VII) IN THE SELECTION OF GRANT AWARDS, THE SECRETARY OF STATE SHALL
GIVE THE HIGHEST PRIORITY TO APPLICATIONS: (1) THAT WOULD RESULT IN THE
DISSOLUTION OR CONSOLIDATION OF MUNICIPALITIES; (2) THAT WOULD IMPLEMENT
THE COMPLETE FUNCTIONAL CONSOLIDATION OF A MUNICIPAL SERVICE; OR (3) BY
LOCAL GOVERNMENTS WITH HISTORICALLY HIGH COSTS OF LOCAL GOVERNMENT OR
SUSTAINED INCREASES IN PROPERTY TAXES. PRIORITY WILL ALSO BE GIVEN TO
MUNICIPALITIES THAT HAVE PREVIOUSLY COMPLETED A PLANNING GRANT PURSUANT
TO THIS PROGRAM OR THE SHARED MUNICIPAL SERVICES INCENTIVE GRANT
PROGRAM, AND TO LOCAL GOVERNMENTS CURRENTLY INVOLVED IN REGIONAL DEVEL-
OPMENT PROJECTS THAT HAVE RECEIVED FUNDS THROUGH STATE COMMUNITY AND
INFRASTRUCTURE DEVELOPMENT PROGRAMS.
(VIII) THE DEPARTMENT OF STATE SHALL PREPARE AN ANNUAL REPORT TO THE
GOVERNOR AND THE LEGISLATURE ON THE EFFECTIVENESS OF THE LOCAL GOVERN-
MENT EFFICIENCY GRANT PROGRAM AND THE LOCAL GOVERNMENT CITIZENS RE-OR-
GANIZATION EMPOWERMENT GRANT PROGRAM. SUCH REPORT SHALL BE PROVIDED ON
OR BEFORE OCTOBER FIRST OF EACH YEAR AND SHALL INCLUDE, BUT NOT BE
LIMITED TO, THE FOLLOWING: A SUMMARY OF APPLICATIONS AND AWARDS FOR EACH
GRANT CATEGORY, AN ASSESSMENT OF PROGRESS IN IMPLEMENTING INITIATIVES
THAT RECEIVED GRANT AWARDS, AND ESTIMATED FINANCIAL SAVINGS AND SIGNIF-
ICANT IMPROVEMENTS IN SERVICE REALIZED BY MUNICIPALITIES THAT HAVE
RECEIVED GRANTS.
S 4. This act shall take effect immediately and shall be deemed to
have been in full force and effect on and after April 1, 2013.
PART L
Section 1. Notwithstanding any provision of law to the contrary, any
provision of statute or regulation that requires a local government or
school district to submit a report to a state agency or authority that
has not been approved for continuation by the mandate relief council as
provided herein shall expire and be deemed repealed on April 1, 2014;
provided, however, that all provisions of such statutes and regulations
other than such specific reporting requirements shall be unaffected by
the repeal of such reporting requirements and remain in full force and
effect. Every state agency and authority shall refer to the mandate
relief council, on or before September 1, 2013, all local government and
school district reporting requirements, imposed by statute or regu-
lation, and which of these reporting requirements, in the opinion of the
agency or authority, are necessary and should be continued because such
S. 2605--B 40 A. 3005--B
reporting requirements are (1) required for compliance with federal laws
or rules or to meet eligibility standards for federal entitlements; (2)
required for the protection of the health, safety or welfare of the
public; or (3) are otherwise necessary for critical state purposes. The
council shall review such requests to determine whether such reports are
necessary and should be continued. Upon a determination that a reporting
requirement is necessary and should be continued, the council may direct
the agency or authority to take actions to reduce the burden the report-
ing requirement imposes on local governments and school districts.
S 2. This act shall take effect immediately; provided that the mandate
relief council shall notify the legislative bill drafting commission
which reporting requirements were referred to it and which reporting
requirements were approved for continuation so that such commission may
maintain an accurate and timely effective database of the official text
of the laws of the state of New York in furtherance of effecting the
provisions of section 44 of the legislative law and section 70-b of the
public officers law.
PART M
Section 1. The state comptroller is hereby authorized and directed to
loan money in accordance with the provisions set forth in subdivision 5
of section 4 of the state finance law to the following funds and/or
accounts:
1. Tuition reimbursement fund:
a. Tuition reimbursement account (20451).
b. Proprietary vocational school supervision account (20452).
2. Local government records management improvement fund:
a. Local government records management account (20501).
3. Dedicated highway and bridge trust fund:
a. Highway and bridge capital account (30051).
4. State university residence hall rehabilitation fund.
5. State parks infrastructure trust fund:
a. State parks infrastructure account (30351).
6. Clean water/clean air implementation fund.
7. Employees health insurance fund.
a. Employees health insurance account (60201).
8. State lottery fund:
a. Education - New (20901).
b. VLT - Sound basic education fund (20904).
9. Medicaid management information system escrow fund.
10. Sewage treatment program management and administration fund.
11. Environmental conservation special revenue fund:
a. Waste cleanup and management account (21053).
b. Hazardous bulk storage account (21061).
c. Great lakes restoration initiative account (21087).
d. Low level radioactive waste siting account (21066).
e. Recreation account (21067).
f. Public safety recovery account (21077).
g. Conservationist magazine account (21080).
h. Environmental regulatory account (21081).
i. Natural resource account (21082).
j. Mined land reclamation program account (21084).
k. Federal grants indirect cost recovery account (21065).
12. Environmental protection and oil spill compensation fund.
13. Hazardous waste remedial fund:
S. 2605--B 41 A. 3005--B
a. Hazardous waste remedial cleanup account (31506).
14. Mass transportation operating assistance fund:
a. Public transportation systems account (21401).
b. Metropolitan mass transportation (21402).
15. Clean air fund:
a. Operating permit program account (21451).
b. Mobile source account (21452).
16. Centralized services fund.
17. State exposition special fund.
18. Agency enterprise fund:
a. OGS convention center account (50318).
19. Agencies internal service fund:
a. Archives records management account (55052).
b. Federal single audit account (55053).
c. Civil service law: sec 11 admin account (55055).
d. Civil service EHS occupational health program account (55056).
e. Banking services account (55057).
f. Cultural resources survey account (55058).
g. Neighborhood work project (55059).
h. Automation & printing chargeback account (55060).
i. OFT NYT account (55061).
j. Data center account (55062).
k. Human service telecom account (55063).
l. Centralized technology services account (55069).
m. OPWDD copy center account (55065).
n. Intrusion detection account (55066).
o. Domestic violence grant account (55067).
p. Learning management system account (55070).
q. Tax contact center account.
r. Human services contact center account.
s. Labor contact center account.
20. Miscellaneous special revenue fund:
a. Statewide planning and research cooperative system account (21902).
b. OPWDD provider of service account (21903).
c. New York state thruway authority account (21905).
d. Mental hygiene patient income account (21909).
e. Financial control board account (21911).
f. Regulation of racing account (21912).
g. New York metropolitan transportation council account (21913).
h. Cyber upgrade account (21919).
i. State university dormitory income reimbursable account (21937).
j. Energy research account (21943).
k. Criminal justice improvement account (21945).
l. Fingerprint identification and technology account (21950).
m. Environmental laboratory reference fee account (21959).
n. Clinical laboratory reference system assessment account (21962).
o. Public employment relations board account (21964).
p. Cable television account (21971).
q. Indirect cost recovery account (21978).
r. High school equivalency program account (21979).
s. Rail safety inspection account (21983).
t. Multi-agency training account (21989).
u. Critical infrastructure account (21992).
v. Bell jar collection account (22003).
w. Industry and utility service account (22004).
x. Real property disposition account (22006).
S. 2605--B 42 A. 3005--B
y. Parking account (22007).
z. Asbestos safety training program account (22009).
aa. Public service account (22011).
bb. Batavia school for the blind account (22032).
cc. Investment services account (22034).
dd. Surplus property account (22036).
ee. Financial oversight account (22039).
ff. Regulation of indian gaming account (22046).
gg. Rome school for the deaf account (22053).
hh. Seized assets account (22054).
ii. Administrative adjudication account (22055).
jj. Federal salary sharing account (22056).
kk. New York City assessment account (22062).
ll. Cultural education account (22063).
mm. Examination and miscellaneous revenue account (22065).
nn. Local services account (22078).
oo. DHCR mortgage servicing account (22085).
pp. Department of motor vehicles compulsory insurance account (22087).
qq. Housing indirect cost recovery account (22090).
rr. DHCR-HCA application fee account (22100).
ss. Low income housing monitoring account (22130).
tt. Corporation administration account (22135).
uu. Montrose veteran's home account (22144).
vv. Motor fuel quality account (22149).
ww. Deferred compensation administration account (22151).
xx. Rent revenue other account (22156).
yy. Rent revenue account (22158).
zz. Tax revenue arrearage account (22168).
aaa. Solid waste management account (22176).
bbb. Capacity contracting (22016).
ccc. Point insurance reduction program account.
ddd. Internet point insurance reduction program account (22094).
eee. Mental hygiene program fund account (21907).
fff. Third party debt collection account.
21. New York State Transformative Capital Fund:
a. Storm recovery account.
b. Transformative capital account.
22. State university income fund:
a. State university general income offset account (22654).
23. State police and motor vehicle law enforcement fund:
a. State police motor vehicle law enforcement account (22802).
24. Youth facilities improvement fund:
a. Youth facilities improvement account (31701).
25. Highway safety program fund:
a. Highway safety program account (23001).
26. Drinking water program management and administration fund:
a. EFC drinking water program account (23101).
b. DOH drinking water program account (23102).
27. New York city county clerks offset fund:
a. NYCCC operating offset account (23151).
28. Housing assistance fund.
29. Housing program fund.
30. Department of transportation - engineering services fund:
a. Highway facility purpose account (31951).
31. Miscellaneous capital projects fund:
a. New York racing account (32213).
S. 2605--B 43 A. 3005--B
32. Mental hygiene facilities capital improvement fund.
33. Joint labor/management administration fund:
a. Joint labor/management administration fund (55201).
34. Audit and control revolving fund:
a. Executive direction internal audit account (55251).
b. CIO Information technology centralized services account (55252).
35. Health insurance internal service fund:
a. Health insurance internal service account (55300).
b. Civil service employee benefits div admin (55301).
36. Correctional industries revolving fund.
37. Correctional facilities capital improvement fund.
38. HCRA resources fund:
a. EPIC premium account (20818).
b. Hospital based grants program account (20812).
c. Child health plus program account (20810).
S 1-a. The state comptroller is hereby authorized and directed to loan
money in accordance with the provisions set forth in subdivision 5 of
section 4 of the state finance law to any account within the following
federal funds, provided the comptroller has made a determination that
sufficient federal grant award authority is available to reimburse such
loans:
1. Federal USDA-food nutrition services fund.
2. Federal health and human services fund.
3. Federal education grants fund.
4. Federal block grant fund.
5. Federal operating grants fund.
6. Federal capital projects fund.
7. Federal unemployment insurance administration fund.
8. Federal unemployment insurance occupational training fund.
9. Federal employment and training grants.
S 2. Notwithstanding any law to the contrary, and in accordance with
section 4 of the state finance law, the comptroller is hereby authorized
and directed to transfer, upon request of the director of the budget, on
or before March 31, 2014, up to the unencumbered balance or the follow-
ing amounts:
Economic Development and Public Authorities:
1. $175,000 from the miscellaneous special revenue fund underground
facilities safety training account (22172), to the general fund.
2. An amount up to the unencumbered balance from the miscellaneous
special revenue fund, business and licensing services account (21977),
to the general fund.
3. $14,810,000 from the miscellaneous special revenue fund, code
enforcement account (21904), to the general fund.
4. An amount up to the unencumbered balance from the miscellaneous
special revenue fund, administrative costs account (21974), to the
general fund.
5. $3,000,000 from the general fund to the miscellaneous special
revenue fund, tax revenue arrearage account (22168).
Education:
1. $2,242,000,000 from the general fund to the state lottery fund,
education account (20901), as reimbursement for disbursements made from
such fund for supplemental aid to education pursuant to section 92-c of
the state finance law that are in excess of the amounts deposited in
such fund for such purposes pursuant to section 1612 of the tax law.
2. $901,800,000 from the general fund to the state lottery fund, VLT
education account (20904), as reimbursement for disbursements made from
S. 2605--B 44 A. 3005--B
such fund for supplemental aid to education pursuant to section 92-c of
the state finance law that are in excess of the amounts deposited in
such fund for such purposes pursuant to section 1612 of the tax law.
3. Moneys from the state lottery fund up to an amount deposited in
such fund pursuant to section 1612 of the tax law in excess of the
current year appropriation for supplemental aid to education pursuant to
section 92-c of the state finance law.
4. $300,000 from the local government records management improvement
fund to the archives partnership trust fund.
5. $900,000 from the general fund to the miscellaneous special revenue
fund, Batavia school for the blind account (22032).
6. $900,000 from the general fund to the miscellaneous special revenue
fund, Rome school for the deaf account (22053).
7. $80,000,000 from the state university dormitory income fund to the
state university residence hall rehabilitation fund.
8. $343,400,000 from the state university dormitory income fund to the
miscellaneous special revenue fund, state university dormitory income
reimbursable account (21937).
9. $24,000,000 from any of the state education department special
revenue and internal service funds to the miscellaneous special revenue
fund, indirect cost recovery account (21978).
10. $8,318,000 from the general fund to the state university income
fund, state university income offset account (22654), for the state's
share of repayment of the STIP loan.
11. $51,700,000 from the state university income fund, state universi-
ty hospitals income reimbursable account (22656) to the general fund for
hospital debt service for the period April 1, 2013 through March 31,
2014.
Environmental Affairs:
1. $5,000,000 from the department of transportation's federal capital
projects fund to the office of parks and recreation federal operating
grants fund, miscellaneous operating grants account (25300).
2. $16,000,000 from any of the department of environmental conserva-
tion's special revenue federal funds to the special revenue fund federal
grant indirect cost recovery account (22188).
3. $2,000,000 from any of the department of environmental conserva-
tion's special revenue federal funds to the conservation fund as neces-
sary to avoid diversion of conservation funds.
4. $15,000,000 from the environmental protection fund, environmental
protection transfer account (30451) to the general fund.
5. $3,000,000 from any of the office of parks, recreation and historic
preservation capital projects federal funds and special revenue federal
funds to the special revenue fund federal grant indirect cost recovery
account (22188).
6. $1,000,000 from any of the office of parks, recreation and historic
preservation special revenue federal funds to the special revenue fund,
I love NY water account (21930).
Family Assistance:
1. $10,000,000 from any of the office of children and family services,
office of temporary and disability assistance, or department of health
special revenue federal funds and the general fund, in accordance with
agreements with social services districts, to the miscellaneous special
revenue fund, office of human resources development state match account
(21967).
2. $3,000,000 from any of the office of children and family services
or office of temporary and disability assistance special revenue federal
S. 2605--B 45 A. 3005--B
funds to the miscellaneous special revenue fund, family preservation and
support services and family violence services account (22082).
3. $6,000,000 from any of the office of children and family services
special revenue federal funds to the general fund for title IV-E
reimbursement of youth facility costs.
4. $12,670,000 from any of the office of children and family services,
office of temporary and disability assistance, or department of health
special revenue federal funds and any other miscellaneous revenues
generated from the operation of office of children and family services
programs to the general fund.
5. $10,000,000 from any of the office of children and family services
or office of temporary and disability assistance special revenue funds
or the general fund to the miscellaneous special revenue fund,
connections account (22180).
6. $41,000,000 from any of the office of temporary and disability
assistance accounts within the federal health and human services fund to
the general fund.
7. $159,000,000 from any of the office of temporary and disability
assistance or department of health special revenue funds to the general
fund.
8. $2,500,000 from any of the office of temporary and disability
assistance or office of children and family services special revenue
federal funds to the miscellaneous special revenue fund, office of
temporary and disability assistance program account (21980).
9. $50,000,000 from any of the office of children and family services,
office of temporary and disability assistance, department of labor, and
department of health special revenue federal funds to the office of
children and family services miscellaneous special revenue fund, multi-
agency training contract account (21989).
10. $152,400,000 from the miscellaneous special revenue fund, youth
facility per Diem account (22186), to the general fund.
11. $621,850 from the general fund to the combined gifts, grants, and
bequests fund, WB Hoyt Memorial account (20128).
12. $4,822,000 from the miscellaneous special revenue fund state
central registry (22028) to the general fund.
General Government:
1. $1,566,000 from the miscellaneous special revenue fund, examination
and miscellaneous revenue account (22065) to the general fund.
2. $12,500,000 from the general fund to the health insurance revolving
fund.
3. $192,400,000 from the health insurance reserve receipts fund to the
general fund.
4. $150,000 from the general fund to the not-for-profit revolving loan
fund.
5. $150,000 from the not-for-profit revolving loan fund to the general
fund.
6. $31,000,000 from the miscellaneous special revenue fund, real prop-
erty disposition account (22006), to the general fund.
7. $3,000,000 from the miscellaneous special revenue fund, surplus
property account (22036), to the general fund.
8. $18,200,000 from the general fund to the miscellaneous special
revenue fund, alcoholic beverage control account (22033).
9. $23,000,000 from the miscellaneous special revenue fund, revenue
arrearage account (22024), to the general fund.
S. 2605--B 46 A. 3005--B
10. $1,826,000 from the miscellaneous special revenue fund revenue
arrearage account (22024), to the miscellaneous special revenue fund
authority budget office account (22138).
11. $1,000,000 from the miscellaneous special revenue fund, parking
services account (22007), to the general fund, for the purpose of reim-
bursing the costs of debt service related to state parking facilities.
12. $55,200,000 from the general fund to the miscellaneous special
revenue fund, statewide financial system account (22074).
13. $40,000,000 from the general fund to the office for technology
internal service fund, central technology services account (55069), for
the purpose of enterprise technology projects.
Health:
1. $139,560,000 from the miscellaneous special revenue fund, quality
of care account (21915) to the general fund.
2. $1,000,000 from the general fund to the combined gifts, grants and
bequests fund, breast cancer research and education account (20155), an
amount equal to the monies collected and deposited into that account in
the previous fiscal year.
3. $2,464,000 from any of the department of health accounts within the
federal health and human services fund to the department of health
miscellaneous special revenue fund, statewide planning and research
cooperation system (SPARCS) program account (21902).
4. $250,000 from the general fund to the combined gifts, grants and
bequests fund, prostate cancer research, detection, and education
account (20183), an amount equal to the moneys collected and deposited
into that account in the previous fiscal year.
5. $500,000 from the general fund to the combined gifts, grants and
bequests fund, Alzheimer's disease research and assistance account
(20143), an amount equal to the moneys collected and deposited into that
account in the previous fiscal year.
6. $1,000,000 from the miscellaneous special revenue fund, adminis-
tration account (21982), to the general fund.
7. $600,000,000 from any of the department of health accounts within
the federal health and human services fund to the miscellaneous special
revenue fund, federal state health reform partnership account (22076).
8. $26,000,000 from the special revenue fund, HCRA resources fund, to
the miscellaneous special revenue fund, empire state stem cell trust
fund account (22161).
9. $1,250,000 from the miscellaneous New York state agency fund,
medical assistance account to the general fund.
10. $3,700,000 from the miscellaneous New York state agency fund,
medical assistance account to the general fund.
11. $14,000,000 from the general fund to the miscellaneous special
revenue fund, empire state stem cell trust fund (22161).
12. $139,560,000 from any of the department of health accounts within
the federal health and human services fund to the miscellaneous special
revenue fund, quality of care account (21915).
Labor:
1. $700,000 from the labor standards miscellaneous special revenue
fund, fee and penalty account (21923), to the child performer protection
fund, child performer protection account (20401).
2. $8,400,000 from the labor standards miscellaneous special revenue
fund, fee and penalty account (21923), to the general fund.
3. $3,300,000 from the unemployment insurance interest and penalty
special revenue fund, unemployment insurance special interest and penal-
ty account (23601), to the general fund.
S. 2605--B 47 A. 3005--B
4. $3,000,000 from the labor standards miscellaneous special revenue
fund, public work enforcement account (21998), to the general fund.
5. $2,200,000 from the training and education program on occupational
safety and health fund, occupational safety and health inspection
account (21252), to the general fund.
6. $900,000 from the training and education program on occupational
safety and health fund, training and education account (21251), to the
general fund.
Mental Hygiene:
1. $10,000,000 from the miscellaneous special revenue fund, mental
hygiene patient income account (21909), to the miscellaneous special
revenue fund, federal salary sharing account (22056).
2. $150,000,000 from the miscellaneous special revenue fund, mental
hygiene patient income account (21909) to the miscellaneous special
revenue fund, provider of service accounts (21903).
3. $150,000,000 from the miscellaneous special revenue fund, mental
hygiene program fund account (21907) to the miscellaneous special reven-
ue fund, provider of service account (21903).
4. $150,000,000 from the general fund to the miscellaneous special
revenue fund, mental hygiene patient income account (21909).
5. $300,000,000 from the general fund to the miscellaneous special
revenue fund, mental hygiene program fund account (21907).
6. $100,000,000 from the miscellaneous special revenue fund, mental
hygiene program fund account (21907) to the general fund.
7. $100,000,000 from the miscellaneous special revenue fund, mental
hygiene patient income account (21909) to the general fund.
Public Protection:
1. $1,350,000 from the miscellaneous special revenue fund, emergency
management account (21944), to the general fund.
2. $3,300,000 from the general fund to the miscellaneous special
revenue fund, recruitment incentive account (22171).
3. $9,500,000 from the general fund to the correctional industries
revolving fund, correctional industries internal service account
(55350).
4. $10,000,000 from federal miscellaneous operating grants fund, DMNA
damage account (25324), to the general fund.
5. $16,000,000 from the general fund to the miscellaneous special
revenue fund, crimes against revenue program account (22015).
6. $20,000,000 from any office of homeland security account within the
federal miscellaneous operating grants fund, receiving money through the
homeland security grants program, to the general fund.
7. $22,000,000 from the miscellaneous special revenue fund, criminal
justice improvement account (21945) to the general fund.
8. $20,000,000 from the miscellaneous special revenue fund, statewide
public safety communications account (22123), to the general fund.
9. $106,000,000 from the state police and motor vehicle law enforce-
ment and motor vehicle theft and insurance fund prevention fund, state
police motor vehicle enforcement account (22802) to the general fund for
state operation expenses of the division of state police.
10. $21,500,000 from the general fund to the correctional facilities
capital improvement fund.
11. $1,500,000 from the miscellaneous special revenue fund, statewide
public safety communications account (22123), to the combined gifts,
grants and bequests fund, New York state emergency services revolving
loan account (20150).
S. 2605--B 48 A. 3005--B
12. $3,000,000 from the general fund to the dedicated highway and
bridge trust fund for the purpose of work zone safety activities
provided by the division of state police for the department of transpor-
tation.
Transportation:
1. $17,672,000 from the federal miscellaneous operating grants fund to
the special revenue fund, tri-state federal regional planning account
(21913).
2. $20,147,000 from the federal capital projects fund to the special
revenue fund, tri-state federal regional planning accounts (21913).
3. $15,368,000 from the miscellaneous special revenue fund, compulsory
insurance account (22087), to the general fund.
4. $12,000,000 from the general fund to the mass transportation oper-
ating assistance fund, public transportation systems operating assist-
ance account (21401).
5. $624,691,000 from the general fund to the dedicated highway and
bridge trust fund.
6. $606,000 from the miscellaneous special revenue fund, internet
point insurance reduction program account (22094), to the general fund.
7. $6,000 from the miscellaneous special revenue fund, motorcycle
safety account (21976), to the general fund.
8. $307,200,000 from the general fund to the MTA financial assistance
fund, mobility tax trust account (23651).
9. $20,000,000 from the mass transportation operating assistance fund,
metropolitan mass transportation operating assistance account (21402),
to the general debt service fund, for reimbursement of the state's
expenses in connection with payments of debt service and related
expenses for the metropolitan transportation authority's state service
contract bonds.
Miscellaneous:
1. $150,000,000 from the general fund to any funds or accounts for the
purpose of reimbursing certain outstanding accounts receivable balances.
2. $ 1,000,000,000 from the general fund to the debt reduction reserve
fund.
3. $450,000,000 from the transformative capital fund to the revenue
bond tax fund (40152).
4. $1,000,000 from any of the state lottery fund administration
accounts, the miscellaneous special revenue fund, regulation of racing
account (21912), the miscellaneous special revenue fund, bell jar
collection account (22003), or the miscellaneous special revenue fund,
regulation of Indian gaming account (22046), to the miscellaneous
special revenue fund, New York state gaming commission account.
S 3. Notwithstanding any law to the contrary, and in accordance with
section 4 of the state finance law, the comptroller is hereby authorized
and directed to transfer, on or before March 31, 2014:
1. Upon request of the commissioner of environmental conservation, up
to $11,126,800 from revenues credited to any of the department of envi-
ronmental conservation special revenue funds, including $3,253,200 from
the environmental protection and oil spill compensation fund, and
$1,762,600 from the conservation fund, to the environmental conservation
special revenue fund, indirect charges account (21060).
2. Upon request of the commissioner of agriculture and markets, up to
$3,000,000 from any special revenue fund or enterprise fund within the
department of agriculture and markets to the general fund, to pay appro-
priate administrative expenses.
S. 2605--B 49 A. 3005--B
3. Upon request of the commissioner of agriculture and markets, up to
$2,000,000 from the state exposition special fund, state fair receipts
account (50051) to the miscellaneous capital projects fund, state fair
capital improvement account (32208).
4. Upon request of the commissioner of the division of housing and
community renewal, up to $6,221,000 from revenues credited to any divi-
sion of housing and community renewal federal or miscellaneous special
revenue fund to the agency cost recovery account (22090).
5. Upon request of the commissioner of the division of housing and
community renewal, up to $5,500,000 may be transferred from any miscel-
laneous special revenue fund account, to any miscellaneous special
revenue fund.
6. Upon request of the commissioner of health up to $15,000,000 from
revenues credited to any of the department of health's special revenue
funds, to the miscellaneous special revenue fund, administration account
(21982).
S 4. Notwithstanding section 2815 of the public health law or any
other contrary provision of law, upon the direction of the director of
the budget and the commissioner of health, the dormitory authority of
the state of New York is directed to transfer seven million dollars
annually from funds available and uncommitted in the New York state
health care restructuring pool to the health care reform act (HCRA)
resources fund - HCRA resources account.
S 5. On or before March 31, 2014, the comptroller is hereby authorized
and directed to deposit earnings that would otherwise accrue to the
general fund that are attributable to the operation of section 98-a of
the state finance law, to the agencies internal service fund, banking
services account (55057), for the purpose of meeting direct payments
from such account.
S 6. Notwithstanding any law to the contrary, upon the direction of
the director of the budget and upon requisition by the state university
of New York, the dormitory authority of the state of New York is
directed to transfer, up to $22,000,000 in revenues generated from the
sale of notes or bonds, to the state university of New York for
reimbursement of bondable equipment for further transfer to the state's
general fund.
S 7. Notwithstanding any law to the contrary, and in accordance with
section 4 of the state finance law, the comptroller is hereby authorized
and directed to transfer, upon request of the director of the budget and
upon consultation with the state university chancellor or his or her
designee, on or before March 31, 2014, up to $16,000,000 from the state
university income fund general revenue account (22653) to the state
general fund for debt service costs related to campus supported capital
project costs for the NY-SUNY 2020 challenge grant program at the
University at Buffalo.
S 8. Notwithstanding any law to the contrary, and in accordance with
section 4 of the state finance law, the comptroller is hereby authorized
and directed to transfer, upon request of the director of the budget and
upon consultation with the state university chancellor or his or her
designee, on or before March 31, 2014, up to $6,500,000 from the state
university income fund general revenue account (22653) to the state
general fund for debt service costs related to campus supported capital
project costs for the NY-SUNY 2020 challenge grant program at the
University at Albany.
S 9. Notwithstanding any law to the contrary, the state university
chancellor or her designee is authorized and directed to transfer esti-
S. 2605--B 50 A. 3005--B
mated tuition revenue balances from the state university collection fund
to the state university fund, state university general revenue offset
account (22655) on or before March 31, 2014.
S 10. Notwithstanding any law to the contrary, and in accordance with
section 4 of the state finance law, the comptroller is hereby authorized
and directed to transfer, upon request of the director of the budget, up
to $60,000,000 from the general fund to the state university income
fund, state university hospitals income reimbursable account (22656)
during the period July 1, 2013 through June 30, 2014 to reflect ongoing
state subsidy of SUNY hospitals and to pay costs attributable to the
SUNY hospitals' state agency status.
S 11. Notwithstanding any law to the contrary, and in accordance with
section 4 of the state finance law, the comptroller is hereby authorized
and directed to transfer, upon request of the director of the budget, up
to $969,050,300 from the general fund to the state university income
fund, state university general revenue offset account (22655) during the
period of July 1, 2013 through June 30, 2014 to support operations at
the state university.
S 12. Notwithstanding any law to the contrary, and in accordance with
section 4 of the state finance law, the comptroller is hereby authorized
and directed to transfer, upon request of the state university chancel-
lor or his or her designee, up to $50,000,000 from the state university
income fund, state university hospitals income reimbursable account
(22656), for hospital income reimbursable for services and expenses of
hospital operations and capital expenditures at the state university
hospitals, and the state university income fund Long Island veterans'
home account (22652) to the state university capital projects fund on or
before June 30, 2014.
S 13. Notwithstanding any law to the contrary, and in accordance with
section 4 of the state finance law, the comptroller, after consultation
with the state university chancellor or his or her designee, is hereby
authorized and directed to transfer moneys, in the first instance, from
the state university collection fund, Stony Brook hospital collection
account (61006), Brooklyn hospital collection account (61007), and Syra-
cuse hospital collection account (61008) to the state university income
fund, state university hospitals income reimbursable account (22656) in
the event insufficient funds are available in the state university
income fund, state university hospitals income reimbursable account
(22656) to transfer moneys, in amounts sufficient to permit the full
transfer of moneys authorized for transfer, to the general fund for
payment of debt service related to the SUNY hospitals. Notwithstanding
any law to the contrary, the comptroller is also hereby authorized and
directed, after consultation with the state university chancellor or his
or her designee, to transfer moneys from the state university income
fund to the state university income fund, state university hospitals
income reimbursable account (22656) in the event insufficient funds are
available in the state university income fund, state university hospi-
tals income reimbursable account (22656) to pay hospital operating costs
or to transfer moneys, in amounts sufficient to permit the full transfer
of moneys authorized for transfer, to the general fund for payment of
debt service related to the SUNY hospitals on or before March 31, 2014.
S 14. Notwithstanding any law to the contrary, and in accordance with
section 4 of the state finance law, the comptroller is hereby authorized
and directed to transfer monies, upon request of the director of the
budget, on or before March 31, 2014, from and to any of the following
accounts: the miscellaneous special revenue fund, patient income account
S. 2605--B 51 A. 3005--B
(21909), the miscellaneous special revenue fund, mental hygiene program
fund account (21907), the miscellaneous special revenue fund, federal
salary sharing account (22056) or the general fund in any combination,
the aggregate of which shall not exceed $350 million.
S 15. Notwithstanding any law to the contrary, and in accordance with
section 4 of the state finance law, the comptroller is hereby authorized
and directed to transfer, at the request of the director of the budget,
up to $500 million from the unencumbered balance of any special revenue
fund or account, or combination of funds and accounts, to the general
fund. The amounts transferred pursuant to this authorization shall be in
addition to any other transfers expressly authorized in the 2013-14
budget. Transfers from federal funds, debt service funds, capital
projects funds, the community projects fund, or funds that would result
in the loss of eligibility for federal benefits or federal funds pursu-
ant to federal law, rule, or regulation, are not permitted pursuant to
this authorization. The director of the budget shall notify both houses
of the legislature in writing prior to initiating transfers pursuant to
this authorization.
S 16. Notwithstanding any law to the contrary, and in accordance with
section 4 of the state finance law, the comptroller is hereby authorized
and directed to transfer, at the request of the director of the budget,
up to $100 million from any non-general fund or account, or combination
of funds and accounts, to the special revenue other-technology financing
account for the purpose of consolidating technology procurement and
services. The amounts transferred pursuant to this authorization shall
be equal to or less than the amount of such monies intended to support
information technology costs which are attributable, according to a
plan, to such account made in pursuance to an appropriation by law.
Transfers to the technology financing account shall be completed from
amounts collected by non-general funds or accounts pursuant to a fund
deposit schedule or permanent statute, and shall be transferred to the
technology financing account pursuant to a schedule agreed upon by the
affected agency commissioner. Transfers from federal funds are not
permitted pursuant to this authorization; nor may transfers be made from
funds that would result in the loss of eligibility for federal benefits
or federal funds pursuant to federal law, rule, or regulation. The
director of the budget shall notify both houses of the legislature in
writing prior to initiating transfers pursuant to this authorization.
S 17. Notwithstanding any provision of law to the contrary, as deemed
feasible and advisable by its trustees, the power authority of the state
of New York is authorized and directed to (i) make a contribution to the
state treasury to the credit of the general fund, or as otherwise
directed in writing by the director of the budget, in an amount of up to
$90,000,000 for the state fiscal year commencing April 1, 2013, the
proceeds of which will be utilized for economic development, energy
efficiency, or energy cost mitigation purposes, and (ii) transfer up to
$25,000,000 of any such contribution by June 30, 2013 and the remainder
of any such contribution by March 31, 2014.
S 18. $2,500,000 from the general fund to the miscellaneous special
revenue fund, tribal state compact revenue account (22169). Notwith-
standing any provision of law to the contrary, such funds may be
advanced to a municipality located within the county of Cattaraugus
hosting a gaming facility pursuant to the requirements of an appropri-
ation contained in chapter 53 of the laws of 2012; provided, however,
that any such advance shall reduce the amount otherwise due to such
municipality by an equivalent amount, and that, upon receipt of any
S. 2605--B 52 A. 3005--B
funds in the tribal state compact revenue account pursuant to a tribal
state compact, such funds shall first be used to reimburse any transfer
from the general fund pursuant to this section.
S 19. Section 53 of part U of chapter 59 of the laws of 2012, relating
to providing for administration of certain funds and accounts related to
the 2013-2014 budget, is amended to read as follows:
S 53. This act shall take effect immediately and shall be deemed to
have been in full force and effect on and after April 1, 2012; provided
that sections one through seven, sections ten through fifteen, [section
seventeen,] and sections twenty through thirty-three of this act shall
expire March 31, 2013, when upon such date, the provisions of such
sections shall be deemed repealed; provided further that the amendments
to subdivisions 1 and 2 of section 45 of section 1 of chapter 174 of the
laws of 1968 made by section forty-nine of this act shall not affect the
expiration of such subdivisions and shall be deemed to expire therewith.
S 20. Subdivision 5 of section 97-rrr of the state finance law, as
amended by section 16 of part U of chapter 59 of the laws of 2012, is
amended to read as follows:
5. Notwithstanding the provisions of section one hundred seventy-one-a
of the tax law, as separately amended by chapters four hundred eighty-
one and four hundred eighty-four of the laws of nineteen hundred eight-
y-one, and notwithstanding the provisions of chapter ninety-four of the
laws of two thousand eleven, or any other provisions of law to the
contrary, during the fiscal year beginning April first, two thousand
[twelve] THIRTEEN, the state comptroller is hereby authorized and
directed to deposit to the fund created pursuant to this section from
amounts collected pursuant to article twenty-two of the tax law and
pursuant to a schedule submitted by the director of the budget, up to
[$3,322,067,000] $3,419,375,000, as may be certified in such schedule as
necessary to meet the purposes of such fund for the fiscal year begin-
ning April first, two thousand [twelve] THIRTEEN.
S 21. The comptroller is authorized and directed to deposit to the
general fund-state purposes account reimbursements from moneys appropri-
ated or reappropriated to the correctional facilities capital improve-
ment fund by a chapter of the laws of 2013. Reimbursements shall be
available for spending from appropriations made to the department of
corrections and community supervision in the general fund-state purposes
accounts by a chapter of the laws of 2013 for costs associated with the
administration and security of capital projects and for other costs
which are attributable, according to a plan, to such capital projects.
S 22. Section 3 of part W of chapter 60 of the laws of 2011, amending
the state finance law relating to disbursements from the tribal-state
compact revenue account to certain municipalities, is amended to read as
follows:
S 3. This act shall take effect immediately; provided that:
(a) the amendments to subdivision 3 of section 99-h of the state
finance law made by section one of this act shall expire and be deemed
repealed [March 31, 2013] DECEMBER 31, 2016; and
(b) the amendments to paragraph (a) of subdivision 4 of section 99-h
of the state finance law made by section two of this act shall not
affect the expiration of such section and shall be deemed to expire
therewith.
S 23. Subdivision 3 of section 99-h of the state finance law, as
amended by section 1 of part V of chapter 59 of the laws of 2006, is
amended to read as follows:
S. 2605--B 53 A. 3005--B
3. Moneys of the account, following [appropriation] THE SEGREGATION OF
APPROPRIATIONS ENACTED by the legislature, shall be available for
purposes including but not limited to: (a) reimbursements or payments to
municipal governments that host tribal casinos pursuant to a tribal-
state compact for costs incurred in connection with services provided to
such casinos or arising as a result thereof, for economic development
opportunities and job expansion programs authorized by the executive
law; provided, however, that for any gaming facility located in the
county of Erie or Niagara, the municipal governments hosting the facili-
ty shall collectively receive a minimum of twenty-five percent of the
negotiated percentage of the net drop from electronic gaming devices the
state receives pursuant to the compact and provided further that for any
gaming facility located in the county or counties of Cattaraugus, Chau-
tauqua or Allegany, the municipal governments of the state hosting the
facility shall collectively receive a minimum of twenty-five percent of
the negotiated percentage of the net drop from electronic gaming devices
the state receives pursuant to the compact; and provided further that
pursuant to chapter five hundred ninety of the laws of two thousand
four, a minimum of twenty-five percent of the revenues received by the
state pursuant to the state's compact with the St. Regis Mohawk tribe
shall be made available to the counties of Franklin and St. Lawrence,
and affected towns in such counties. Each such county and its affected
towns shall receive fifty percent of the moneys made available by the
state; and (b) support and services of treatment programs for persons
suffering from gambling addictions. Moneys not [appropriated] SEGREGATED
for such purposes shall be transferred to the general fund for the
support of government during the fiscal year in which they are received.
S 24. Paragraphs (a) and (b) of subdivision 7 of section 5-a of
section 1 of chapter 392 of the laws of 1973, constituting the New York
state medical care facilities finance agency act, paragraph (a) as
amended by chapter 55 of the laws of 1992 and paragraph (b) as amended
by chapter 59 of the laws of 1993, are amended to read as follows:
(a) In connection with the making of federally-aided mortgage loans,
the commissioner of health shall charge to such non-profit hospital
corporation, non-profit corporation providing a residential health care
facility or non-profit medical corporation, for mortgage closings on or
after April first, nineteen hundred eighty-nine, a fee of nine-tenths of
one percent of the mortgage loan, payable on requisition on or after the
mortgage closing to the state department of health by the mortgagor for
deposit into the [miscellaneous special revenue fund - 339 hospital and
nursing home management account] STATE GENERAL FUND.
(b) In connection with the refinancing or refunding of federally-aided
mortgage loans or loans made pursuant to articles twenty-eight-A and
twenty-eight-B of the public health law, the commissioner of health
shall charge to such non-profit hospital corporation, non-profit corpo-
ration providing a residential health care facility or non-profit
medical corporation, for mortgage closings on or after April first,
nineteen hundred eighty-nine, a fee of five-tenths of one percent of the
new mortgage loan, payable on requisition on or after the mortgage clos-
ing to the state department of health by the mortgagor for deposit into
the [miscellaneous special revenue fund-339 hospital and nursing home
management account] STATE GENERAL FUND.
S 25. In the event that a capital appropriation in the amount of
$25,000,000 is included in the enacted budget for the fiscal year
commencing April 1, 2013 for the cleaner, greener communities program
administered by the New York State energy research and development
S. 2605--B 54 A. 3005--B
authority, then notwithstanding any provision of law, rule or regulation
to the contrary, the New York State energy research and development
authority is authorized and directed to pay to the state treasury to the
credit of the general fund for the cost of such program the amount of
$15,000,000 for the fiscal year commencing April 1, 2013 from proceeds
collected by the authority from the auction or sale of carbon dioxide
emission allowances allocated by the department of environmental conser-
vation under the Regional Greenhouse Gas Initiative. If, in any fiscal
year, such $25,000,000 appropriation or any reappropriation thereof is
reduced or eliminated prior to disbursement of $15,000,000, where such
reduction or elimination is not based upon the disbursement of such
$25,000,000 appropriation, the comptroller is authorized and directed to
transfer, at the request of the director of the division of the budget,
an amount equal to such reduced or eliminated amount from the general
fund to the New York State energy research and development authority,
not to exceed in the aggregate $15,000,000.
S 26. Notwithstanding any other law, rule, or regulation to the
contrary, the comptroller is hereby authorized and directed to deposit,
to the credit of the capital projects fund, reimbursement from the
proceeds of notes or bonds issued by the dormitory authority of the
state of New York for a capital appropriation for $215,650,000 author-
ized by chapter 55 of the laws of 2000 to all state agencies for payment
of costs related to the strategic investment program.
S 27. Notwithstanding any other law, rule, or regulation to the
contrary, the comptroller is hereby authorized and directed to deposit
to the credit of the capital projects fund, reimbursement from the
proceeds of notes or bonds issued by the environmental facilities corpo-
ration for a capital appropriation of $30,174,000 authorized by chapter
55 of the laws of 2003 to the department of environmental conservation
for payment of a portion of the state's match for federal capitalization
grants for the water pollution control revolving loan fund, reimburse-
ment from the proceeds of notes or bonds issued by the urban development
corporation or other financing source for a capital appropriation of
$19,500,000 authorized by chapter 50 of the laws of 2003 to the office
of general services for payment of capital construction costs for the 51
Elk street parking garage building located in the city of Albany,
reimbursement from the proceeds of notes or bonds issued by the urban
development corporation for disbursements of up to $10,000,000 from any
capital appropriation or reappropriation authorized by chapter 50 of the
laws of 2003 to the office of general services for various purposes,
reimbursement from the proceeds of notes or bonds issued by the environ-
mental facilities corporation for a capital appropriation of $13,250,000
authorized by chapter 55 of the laws of 2003 to the energy research and
development authority for the Western New York Nuclear Service Center at
West Valley, reimbursement from the proceeds of notes or bonds issued by
the dormitory authority for disbursements of up to $16,400,000 from any
capital appropriation or reappropriation authorized by chapter 51 of the
laws of 2003 to the judiciary for courthouse improvements, reimbursement
from the proceeds of notes or bonds issued by the urban development
corporation for disbursements of up to $10,000,000 from appropriations
or reappropriations authorized by chapter 50 of the laws of 2003 to any
agency for costs related to homeland security, reimbursement from the
proceeds of notes or bonds issued by the environmental facilities corpo-
ration for a capital appropriation of $10,000,000 authorized by chapter
55 of the laws of 2003 to the department of environmental conservation
for Onondaga lake, reimbursement from the proceeds of notes or bonds
S. 2605--B 55 A. 3005--B
issued by the environmental facilities corporation for disbursements of
up to $11,000,000 from any capital appropriations or reappropriations
authorized by chapter 55 of the laws of 2003 to the department of envi-
ronmental conservation for environmental purposes, and reimbursement
from the proceeds of notes or bonds issued by the dormitory authority
for disbursements of up to $100,000,000 from a capital appropriation
authorized by chapter 50 of the laws of 2003 to the department of state
for enhanced 911 wireless service.
S 28. Notwithstanding any other law, rule, or regulation to the
contrary, the comptroller is hereby authorized and directed to deposit
to the credit of the capital projects fund, reimbursement from the
proceeds of notes or bonds issued by the environmental facilities corpo-
ration for a capital appropriation for $28,893,000 authorized by chapter
55 of the laws of 2004 to the department of environmental conservation
for payment of a portion of the state's match for federal capitalization
grants for the water pollution control revolving loan fund, reimburse-
ment from the proceeds of notes or bonds issued by the urban development
corporation for disbursements of up to $10,000,000 from any capital
appropriation or reappropriation authorized by chapter 50 of the laws of
2004 to the office of general services for various purposes, reimburse-
ment from the proceeds of notes or bonds issued by the environmental
facilities corporation for a capital appropriation of $11,350,000
authorized by chapter 55 of the laws of 2004 to the energy research and
development authority for the Western New York Nuclear Service Center at
West Valley, reimbursement from the proceeds of notes or bonds issued by
the environmental facilities corporation, for a capital appropriation of
$10,000,000 authorized by chapter 55 of the laws of 2004 to the depart-
ment of environmental conservation for Onondaga lake, reimbursement from
the proceeds of notes or bonds issued by the environmental facilities
corporation for disbursements of up to $11,000,000 from any capital
appropriations or reappropriations authorized by chapter 55 of the laws
of 2004 to the department of environmental conservation for environ-
mental purposes, reimbursement from the proceeds of notes or bonds
issued by the dormitory authority for a capital appropriation of
$80,000,000 authorized by chapter 53 of the laws of 2004 to the educa-
tion department for capital transition grants for transportation,
reimbursement from the proceeds of notes or bonds issued by the dormito-
ry authority for a capital appropriation of $243,325,000 authorized by
chapter 55 of the laws of 2004 for payment of costs related to economic
development projects, reimbursement from the proceeds of bonds or notes
issued by the urban development corporation for a capital appropriation
of $83,500,000 authorized by chapter 53 of the laws of 2006, as amended
by chapter 108 of the laws of 2006, for payment of costs related to the
H. H. Richardson complex and the Darwin Martin House, and reimbursement
from the proceeds of notes or bonds issued by the dormitory authority
for a capital appropriation of $345,750,000 authorized by chapter 3 of
the laws of 2004 for the New York state economic development program.
S 29. Notwithstanding any other law, rule, or regulation to the
contrary, the comptroller is hereby authorized and directed to deposit
to the credit of the capital projects fund, reimbursement from the
proceeds of notes or bonds issued by the environmental facilities corpo-
ration for a capital appropriation of $29,602,000 authorized by chapter
55 of the laws of 2005 to the department of environmental conservation
for payment of a portion of the state's match for federal capitalization
grants for the water pollution control revolving loan fund, reimburse-
ment from the proceeds of notes or bonds issued by the urban development
S. 2605--B 56 A. 3005--B
corporation for disbursements of up to $10,000,000 from any capital
appropriation or reappropriation authorized by chapter 50 of the laws of
2005 to the office of general services for various purposes, reimburse-
ment from the proceeds of notes or bonds issued by the environmental
facilities corporation for a capital appropriation of $11,350,000
authorized by chapter 55 of the laws of 2005 to the energy research and
development authority for the Western New York Nuclear Service Center at
West Valley, reimbursement from the proceeds of notes or bonds issued by
the environmental facilities corporation for a capital appropriation of
$10,000,000 authorized by chapter 55 of the laws of 2005 to the depart-
ment of environmental conservation for Onondaga lake, reimbursement from
the proceeds of notes or bonds issued by the environmental facilities
corporation for disbursements of up to $11,000,000 from any capital
appropriations or reappropriations authorized by chapter 55 of the laws
of 2005 to the department of environmental conservation for environ-
mental purposes, reimbursement from the proceeds of notes or bonds
issued by the urban development corporation for a capital appropriation
of $350,000,000 authorized by chapter 55 of the laws of 2005 for the
Javits center, reimbursement from the proceeds of notes or bonds issued
by the dormitory authority for a capital appropriation of $89,750,000
authorized by chapter 62 of the laws of 2005 for regional development,
reimbursement from the proceeds of notes or bonds issued by the dormito-
ry authority for a capital appropriation of $249,000,000 authorized by
chapter 62 of the laws of 2005 for technology and development,
reimbursement from the proceeds of notes or bonds issued by the urban
development corporation for a capital appropriation of $48,517,000
authorized by chapter 162 of the laws of 2005 for the New York state
economic development program, reimbursement from the proceeds of notes
or bonds issued by the urban development corporation for a capital
appropriation of $150,000,000 authorized by chapter 62 of the laws of
2005 for the higher education facilities capital matching grants
program, reimbursement from the proceeds of notes or bonds issued by the
dormitory authority or other financing source for a capital appropri-
ation of $4,000,000 authorized by chapter 50 of the laws of 2005 to the
office of general services for payment of capital construction costs for
the Elk street parking garage building located in the city of Albany,
reimbursement from the proceeds of notes or bonds issued by the urban
development corporation for a capital appropriation of $15,000,000
authorized by chapter 53 of the laws of 2005 to the state education
department for payment of capital construction costs for public broad-
casting facilities, reimbursement from the proceeds of notes or bonds
issued by the urban development corporation for a capital appropriation
of $15,700,000 authorized by chapter 50 of the laws of 2005 to the divi-
sion of state police for public protection facilities, and reimbursement
from the proceeds of notes or bonds issued by the urban development
corporation for capital disbursements of up to $3,000,000 from any capi-
tal appropriation or reappropriation authorized by chapter 50 of the
laws of 2005 to the division of military and naval affairs for various
purposes.
S 30. Notwithstanding any other law, rule, or regulation to the
contrary, the comptroller is hereby authorized and directed to deposit
to the credit of the capital projects fund, reimbursement from the
proceeds of notes or bonds issued by the environmental facilities corpo-
ration for a capital appropriation for $29,600,000 authorized by chapter
55 of the laws of 2006 to the department of environmental conservation
for payment of a portion of the state's match for federal capitalization
S. 2605--B 57 A. 3005--B
grants for the water pollution control revolving loan fund, reimburse-
ment from the proceeds of notes or bonds issued by the urban development
corporation for disbursements of up to $20,000,000 from any capital
appropriation or reappropriation authorized by chapter 50 of the laws of
2006 to the office of general services for various purposes, reimburse-
ment from the proceeds of notes or bonds issued by the environmental
facilities corporation for a capital appropriation of $14,000,000
authorized by chapter 55 of the laws of 2006 to the energy research and
development authority for the Western New York Nuclear Service Center at
West Valley, reimbursement from the proceeds of notes or bonds issued by
the environmental facilities corporation for a capital appropriation of
$10,000,000 authorized by chapter 55 of the laws of 2006 to the depart-
ment of environmental conservation for Onondaga lake, reimbursement from
the proceeds of notes or bonds issued by the environmental facilities
corporation for disbursements of up to $12,000,000 from any capital
appropriations or reappropriations authorized by chapter 55 of the laws
of 2006 to the department of environmental conservation for environ-
mental purposes, reimbursement from the proceeds of notes or bonds
issued by the urban development corporation for capital disbursements of
up to $3,000,000 from any capital appropriation or reappropriation
authorized by chapter 50 of the laws of 2006 to the division of military
and naval affairs for various purposes, reimbursement from the proceeds
of notes or bonds issued by the urban development corporation for
disbursements of up to $12,400,000 from any capital appropriation or
reappropriation authorized by chapter 50 of the laws of 2006 to the
division of state police for public protection facilities, reimbursement
from the proceeds of notes or bonds issued by the urban development
corporation for a capital appropriation of $117,000,000 authorized by
chapter 50 of the laws of 2006 to all state departments and agencies for
the purchase of equipment, reimbursement from the proceeds of notes or
bonds issued by the dormitory authority or the urban development corpo-
ration for all or a portion of capital appropriations of $603,050,000
authorized by chapter 108 of the laws of 2006 to the urban development
corporation for economic development/other projects, reimbursement from
the proceeds of notes or bonds issued by the urban development corpo-
ration for a capital appropriation of $269,500,000 authorized by chapter
108 of the laws of 2006 to the dormitory authority or the urban develop-
ment corporation for economic development projects, reimbursement from
the proceeds of notes or bonds issued by the dormitory authority or the
urban development corporation for a capital appropriation of
$201,500,000 authorized by chapter 108 of the laws of 2006 to the urban
development corporation for university development projects, reimburse-
ment from the proceeds of notes or bonds issued by the dormitory author-
ity or for a capital appropriation of $143,000,000 authorized by chapter
108 of the laws of 2006 to the urban development corporation for
cultural facilities projects, reimbursement from the proceeds of notes
or bonds issued by the dormitory authority or the urban development
corporation for capital appropriations totaling $60,000,000 authorized
by chapter 108 of the laws of 2006 to the urban development corporation
for energy/environmental projects, reimbursement from the proceeds of
notes or bonds issued by the dormitory authority or the urban develop-
ment corporation for a capital appropriation of $20,000,000 authorized
by chapter 108 of the laws of 2006 to the urban development corporation
for a competitive solicitation for construction of a pilot cellulosic
ethanol refinery, reimbursement from the proceeds of notes or bonds
issued by the urban development corporation for a capital appropriation
S. 2605--B 58 A. 3005--B
of $74,700,000 authorized by chapter 55 of the laws of 2006 to the urban
development corporation for services and expenses related to infrastruc-
ture for a new stadium in Queens county, and reimbursement from the
proceeds of notes or bonds issued by the urban development corporation
for a capital appropriation of $74,700,000 authorized by chapter 55 of
the laws of 2006 to the urban development corporation for services and
expenses related to infrastructure improvements to construct a new park-
ing facility at a new stadium in Bronx county, reimbursement from the
proceeds of notes and bonds issued by the environmental facilities
corporation for a capital appropriation of $5,000,000 authorized by
chapter 55 of the laws of 2006 to the environmental facilities corpo-
ration for payment for the pipeline for jobs program, reimbursement from
the proceeds of notes or bonds issued by the dormitory authority for
capital disbursements of up to $14,000,000 from any capital appropri-
ation or reappropriation authorized by chapter 53 of the laws of 2006
for the library construction purpose, reimbursement from the proceeds of
notes or bonds issued by the urban development corporation or the dormi-
tory authority for an appropriation of $1,200,000 authorized by chapter
53 of the laws of 2006 for the towns of Bristol and Canandaigua public
water systems, reimbursement from the proceeds of notes or bonds issued
by the urban development corporation or the dormitory authority for an
appropriation of $5,500,000 authorized by chapter 53 of the laws of 2006
for Belleayre mountain ski center, reimbursement from the proceeds of
notes or bonds issued by the urban development corporation or the dormi-
tory authority for an appropriation of $25,000,000 authorized by chapter
53 of the laws of 2006 for the town of Smithtown/Kings Park psychiatric
center rehabilitation, reimbursement from the proceeds of notes or bonds
issued by the urban development corporation or the dormitory authority
for an appropriation of $5,000,000 authorized by chapter 108 of the laws
of 2006 for a state of New York umbilical cord bank, reimbursement from
the proceeds of notes or bonds issued by the urban development corpo-
ration or the dormitory authority for an appropriation of $5,500,000
authorized by chapter 53 of the laws of 2006 for an Old Gore mountain
ski bowl connection, reimbursement from the proceeds of notes or bonds
issued by the urban development corporation or the dormitory authority
for an appropriation of $2,000,000 authorized by chapter 53 of the laws
of 2006 for a Cornell equine drug testing laboratory, reimbursement from
the proceeds of notes or bonds issued by the urban development corpo-
ration or the dormitory authority for an appropriation of $2,000,000
authorized by chapter 53 of the laws of 2006 for a Fredonia vineyard
laboratory, reimbursement from the proceeds of notes or bonds issued by
the dormitory authority or the urban development corporation for an
appropriation of $40,000,000 authorized by chapter 108 of the laws of
2006 for a food testing laboratory, reimbursement from the proceeds of
notes or bonds issued by the New York state thruway authority for an
appropriation of $22,000,000 authorized by chapter 108 of the laws of
2006 to the department of transportation for high speed rail, reimburse-
ment from the proceeds of notes or bonds issued by the urban development
corporation for capital disbursements of up to $500,000,000 from an
appropriation authorized by chapter 108 of the laws of 2006 to the urban
development corporation for development of a semiconductor manufacturing
facility, reimbursement from the proceeds of notes or bonds issued by
the urban development corporation of up to $150,000,000 from an appro-
priation authorized by chapter 108 of the laws of 2006 to the urban
development corporation for research and development activities of a
semiconductor manufacturer, and reimbursement from the proceeds of notes
S. 2605--B 59 A. 3005--B
or bonds issued by the urban development corporation for capital
disbursements of up to $292,385,000 from an appropriation to the urban
development corporation authorized by chapter 108 of the laws of 2006
for community revitalization projects.
S 31. Notwithstanding any other law, rule, or regulation to the
contrary, the comptroller is hereby authorized and directed to deposit
to the credit of the capital projects fund, reimbursement from the
proceeds of notes or bonds issued by the environmental facilities corpo-
ration for a capital appropriation of $29,600,000 authorized by chapter
55 of the laws of 2007 to the department of environmental conservation
for payment of a portion of the state's match for federal capitalization
grants for the water pollution control revolving loan fund, reimburse-
ment from the proceeds of notes or bonds issued by the urban development
corporation for disbursements of up to $20,000,000 from any capital
appropriation or reappropriation authorized by chapter 50 of the laws of
2007 to the office of general services for various purposes, reimburse-
ment from the proceeds of notes or bonds issued by the environmental
facilities corporation for a capital appropriation of $13,500,000
authorized by chapter 55 of the laws of 2007 to the energy research and
development authority for the Western New York Nuclear Service Center at
West Valley, reimbursement from the proceeds of notes or bonds issued by
the environmental facilities corporation for a capital appropriation of
$10,000,000 authorized by chapter 55 of the laws of 2007 to the depart-
ment of environmental conservation for Onondaga lake, reimbursement from
the proceeds of notes or bonds issued by the environmental facilities
corporation for disbursements of up to $12,000,000 from any capital
appropriations or reappropriations authorized by chapter 55 of the laws
of 2007 to the department of environmental conservation for environ-
mental purposes, reimbursement from the proceeds of notes or bonds
issued by the urban development corporation for capital disbursements of
up to $3,000,000 from any capital appropriation or reappropriation
authorized by chapter 50 of the laws of 2007 to the division of military
and naval affairs for various purposes, reimbursement from the proceeds
of notes or bonds issued by the urban development corporation for
disbursements from a capital appropriation of $50,000,000 authorized by
chapter 50 of the laws of 2007 to the division of state police for
construction of a Troop G facility, reimbursement from the proceeds of
notes or bonds issued by the urban development corporation for disburse-
ments from a capital appropriation of $6,000,000 authorized by chapter
50 of the laws of 2007 to the division of state police for construction
of evidence storage facilities, reimbursement from the proceeds of notes
or bonds issued by the dormitory authority or the urban development
corporation for capital appropriations totaling $77,900,000 authorized
by chapter 51 of the laws of 2007 to the judiciary for court training
facilities and courthouse improvement projects, reimbursement from the
proceeds of notes or bonds issued by the urban development corporation
for a capital appropriation of $20,000,000 authorized by chapter 50 of
the laws of 2007 to all state departments and agencies for the purchase
of equipment, reimbursement from the proceeds of notes or bonds issued
by the dormitory authority for capital disbursements of up to
$14,000,000 from any capital appropriation or reappropriation authorized
by chapter 53 of the laws of 2007 for library construction, reimburse-
ment from the proceeds of notes or bonds issued by the dormitory author-
ity for capital disbursements of up to $60,000,000 from any capital
appropriation or reappropriation authorized by chapter 53 of the laws of
2007 for cultural education storage facilities, reimbursement from the
S. 2605--B 60 A. 3005--B
proceeds of notes or bonds issued by the urban development corporation
for capital disbursements of up to $15,000,000 from any capital appro-
priation or reappropriation authorized by chapter 55 of the laws of 2007
for Roosevelt Island Operating Corporation aerial tramway, reimbursement
from the proceeds of notes or bonds issued by the urban development
corporation for capital disbursements of up to $20,000,000 from any
capital appropriation or reappropriation authorized by chapter 55 of the
laws of 2007 for Governor's Island, reimbursement from the proceeds of
notes or bonds issued by the urban development corporation for capital
disbursements of up to $7,500,000 from any capital appropriation or
reappropriation authorized by chapter 55 of the laws of 2007 for Harri-
man research and technology park, reimbursement from the proceeds of
notes or bonds issued by the urban development corporation for capital
disbursements of up to $7,950,000 from any capital appropriation or
reappropriation authorized by chapter 55 of the laws of 2007 for USA
Niagara, and reimbursement from the proceeds of notes or bonds issued by
the urban development corporation for capital disbursements of up to
$1,300,000 from appropriations authorized by chapter 50 of the laws of
2007 made to the office of general services for legislative office
building hearing rooms.
S 32. Notwithstanding any other law, rule, or regulation to the
contrary, the comptroller is hereby authorized and directed to deposit
to the credit of the capital projects fund, reimbursement from the
proceeds of notes or bonds issued by the environmental facilities corpo-
ration for a capital appropriation of $29,600,000 authorized by chapter
55 of the laws of 2008 to the department of environmental conservation
for payment of a portion of the state's match for federal capitalization
grants for the water pollution control revolving loan fund, reimburse-
ment from the proceeds of notes or bonds issued by the urban development
corporation for a capital appropriation of $141,000,000 authorized by
chapter 50 of the laws of 2008 to all state departments and agencies for
the purchase of equipment or systems development, reimbursement from the
proceeds of notes or bonds issued by the urban development corporation
for disbursements of up to $45,500,000 from any capital appropriation or
reappropriation authorized by chapter 50 of the laws of 2008 to the
office of general services for various purposes, reimbursement from the
proceeds of notes or bonds issued by the environmental facilities corpo-
ration for a capital appropriation of $13,500,000 authorized by chapter
55 of the laws of 2008 to the energy research and development authority
for the Western New York Nuclear Service Center at West Valley,
reimbursement from the proceeds of notes or bonds issued by the environ-
mental facilities corporation for a capital appropriation of $10,000,000
authorized by chapter 55 of the laws of 2008 to the department of envi-
ronmental conservation for Onondaga lake, reimbursement from the
proceeds of notes or bonds issued by the environmental facilities corpo-
ration for disbursements of up to $12,000,000 from any capital appropri-
ations or reappropriations authorized by chapter 55 of the laws of 2008
to the department of environmental conservation for environmental
purposes, reimbursement from the proceeds of notes or bonds issued by
the urban development corporation for capital disbursements of up to
$3,000,000 from any capital appropriation or reappropriation authorized
by chapter 50 of the laws of 2008 to the division of military and naval
affairs for various purposes, reimbursement from the proceeds of notes
or bonds issued by the urban development corporation for a capital
appropriation of $2,500,000 authorized by chapter 50 of the laws of 2008
to the office for technology for activities related to broadband
S. 2605--B 61 A. 3005--B
service, reimbursement from the proceeds of notes or bonds issued by the
urban development corporation for a capital appropriation of $6,000,000
authorized by chapter 50 of the laws of 2008 to the division of state
police for rehabilitation of facilities, reimbursement from the proceeds
of notes or bonds issued by the dormitory authority of the state of New
York or other financing source for a capital appropriation authorized by
chapter 53 of the laws of 2008 of $14,000,000 to the education depart-
ment for library construction, reimbursement from the proceeds of notes
or bonds issued by the dormitory authority of the state of New York or
other financing source for a capital appropriation authorized by chapter
53 of the laws of 2008 of $15,000,000 to the education department for
museum renewal projects, reimbursement from the proceeds of notes or
bonds issued by the urban development corporation for capital appropri-
ation of $50,000,000 authorized by chapter 53 of the laws of 2008 to the
urban development corporation for services and expenses related to the
investment opportunity fund, reimbursement from the proceeds of notes or
bonds issued by the urban development corporation for capital appropri-
ation of $18,000,000 authorized by chapter 53 of the laws of 2008 to the
urban development corporation for services and expenses related to arts
and cultural projects, reimbursement from the proceeds of bonds or notes
issued by the urban development corporation for a capital appropriation
of $32,148,000 authorized by chapter 53 of the laws of 2008 for economic
and community development projects, reimbursement from the proceeds of
bonds or notes issued by the urban development corporation for a capital
appropriation of $30,000,000 authorized by chapter 53 of the laws of
2008 for New York city waterfront development projects, reimbursement
from the proceeds of bonds or notes issued by the urban development
corporation for a capital appropriation of $45,000,000 authorized by
chapter 53 of the laws of 2008 for Luther Forest infrastructure
projects, reimbursement from the proceeds of notes or bonds issued by
the urban development corporation for capital appropriation of
$35,000,000 authorized by chapter 53 of the laws of 2008 to the urban
development corporation for services and expenses related to downstate
regional projects, reimbursement from the proceeds of notes or bonds
issued by the urban development corporation for capital appropriation of
$137,037,000 authorized by chapter 53 of the laws of 2008 to the urban
development corporation for services and expenses related to upstate
city-by-city projects, reimbursement from the proceeds of notes or bonds
issued by the urban development corporation for capital appropriation of
$35,000,000 authorized by chapter 53 of the laws of 2008 to the urban
development corporation for services and expenses related to the down-
state revitalization projects, reimbursement from the proceeds of notes
or bonds issued by the urban development corporation for capital appro-
priation of $117,265,000 authorized by chapter 53 of the laws of 2008 to
the urban development corporation for services and expenses related to
the upstate regional blueprint fund, reimbursement from the proceeds of
notes or bonds issued by the urban development corporation for capital
appropriation of $25,000,000 authorized by chapter 53 of the laws of
2008 to the urban development corporation for services and expenses
related to the upstate agricultural economic development fund,
reimbursement from the proceeds of notes or bonds issued by the urban
development corporation for capital appropriation of $350,000,000
authorized by chapter 53 of the laws of 2008 to the urban development
corporation for services and expenses related to the New York state
capital assistance program, reimbursement from the proceeds of notes or
bonds issued by the urban development corporation for capital appropri-
S. 2605--B 62 A. 3005--B
ation of $350,000,000 authorized by chapter 53 of the laws of 2008 to
the urban development corporation for services and expenses related to
the New York state economic development assistance program, and
reimbursement from the proceeds of notes or bonds issued by the urban
development corporation for capital appropriation of $20,000,000 author-
ized by chapter 55 of the laws of 2008 to the urban development corpo-
ration for services and expenses related to the empire state economic
development fund.
S 33. Notwithstanding any other law, rule, or regulation to the
contrary, the comptroller is hereby authorized and directed to deposit
to the credit of the capital projects fund, reimbursement from the
proceeds of notes or bonds issued by the environmental facilities corpo-
ration for a capital appropriation of $29,600,000 authorized by chapter
55 of the laws of 2009 to the department of environmental conservation
for payment of a portion of the state's match for federal capitalization
grants for the water pollution control revolving loan fund, reimburse-
ment from the proceeds of notes or bonds issued by the urban development
corporation for a capital appropriation of $129,800,000 authorized by
chapter 50 of the laws of 2009 to all state departments and agencies for
the purchase of equipment or systems development, reimbursement from the
proceeds of notes or bonds issued by the urban development corporation
for disbursements of up to $24,000,000 from any capital appropriation or
reappropriation authorized by chapter 50 of the laws of 2009 to the
office of general services for various purposes, reimbursement from the
proceeds of notes or bonds issued by the environmental facilities corpo-
ration for a capital appropriation of $13,500,000 authorized by chapter
55 of the laws of 2009 to the energy research and development authority
for the Western New York Nuclear Service Center at West Valley,
reimbursement from the proceeds of notes or bonds issued by the environ-
mental facilities corporation for a capital appropriation of $10,000,000
authorized by chapter 55 of the laws of 2009 to the department of envi-
ronmental conservation for Onondaga lake, reimbursement from the
proceeds of notes or bonds issued by the environmental facilities corpo-
ration for disbursements of up to $12,000,000 from any capital appropri-
ations or reappropriations authorized by chapter 55 of the laws of 2009
to the department of environmental conservation for environmental
purposes, reimbursement from the proceeds of notes or bonds issued by
the urban development corporation for capital disbursements of up to
$3,000,000 from any capital appropriation or reappropriation authorized
by chapter 50 of the laws of 2009 to the division of military and naval
affairs for various purposes, reimbursement from the proceeds of notes
or bonds issued by the urban development corporation for a capital
appropriation of $6,000,000 authorized by chapter 50 of the laws of 2009
to the division of state police for rehabilitation of facilities,
reimbursement from the proceeds of notes or bonds issued by the dormito-
ry authority of the state of New York or other financing source for a
capital appropriation authorized by chapter 53 of the laws of 2009 of
$14,000,000 to the state education department for library construction,
reimbursement from the proceeds of notes or bonds issued by the dormito-
ry authority of the state of New York or other financing source for a
capital appropriation of $4,000,000 to the state education department
for rehabilitation associated with the St. Regis Mohawk elementary
school authorized by chapter 53 of the laws of 2009 and reimbursement
from the proceeds of notes or bonds issued by the urban development
corporation for capital appropriation of $25,000,000 authorized by chap-
ter 55 of the laws of 2009 to the urban development corporation for
S. 2605--B 63 A. 3005--B
services and expenses related to the empire state economic development
fund.
S 34. Notwithstanding any other law, rule, or regulation to the
contrary, the comptroller is hereby authorized and directed to deposit
to the credit of the capital projects fund, reimbursement from the
proceeds of notes or bonds issued by the environmental facilities corpo-
ration for a capital appropriation of $29,600,000 authorized by chapter
55 of the laws of 2010 to the department of environmental conservation
for payment of a portion of the state's match for federal capitalization
grants for the water pollution control revolving loan fund, reimburse-
ment from the proceeds of notes or bonds issued by the urban development
corporation for a capital appropriation of $187,285,000 authorized by
chapter 50 of the laws of 2010 to all state departments and agencies for
the purchase of equipment or systems development, reimbursement from the
proceeds of notes or bonds issued by the urban development corporation
for disbursements of up to $26,950,000 from any capital appropriation or
reappropriation authorized by chapter 50 of the laws of 2010 to the
office of general services for various purposes, reimbursement from the
proceeds of notes or bonds issued by the environmental facilities corpo-
ration for a capital appropriation of $5,000,000 authorized by chapter
55 of the laws of 2010 to the department of environmental conservation
for Onondaga lake, reimbursement from the proceeds of notes or bonds
issued by the environmental facilities corporation for disbursements of
up to $12,000,000 from any capital appropriations or reappropriations
authorized by chapter 55 of the laws of 2010 to the department of envi-
ronmental conservation for environmental purposes, reimbursement from
the proceeds of notes or bonds issued by the urban development corpo-
ration for capital disbursements of up to $3,000,000 from any capital
appropriation or reappropriation authorized by chapter 50 of the laws of
2010 to the division of military and naval affairs for various purposes,
reimbursement from the proceeds of notes or bonds issued by the urban
development corporation for a capital appropriation of $6,000,000
authorized by chapter 50 of the laws of 2010 to the division of state
police for rehabilitation of facilities, reimbursement from the proceeds
of notes or bonds issued by the dormitory authority of the state of New
York or other financing source for a capital appropriation of
$14,000,000 authorized by chapter 53 of the laws of 2010 to the state
education department for library construction, reimbursements from the
proceeds of notes or bonds issued by the dormitory authority of the
state of New York or other financing source for a capital appropriation
of $20,400,000 authorized by chapter 100 of the laws of 2010 to the
state education department for the longitudinal data system and
reimbursement from the proceeds of notes or bonds issued by the dormito-
ry authority of the state of New York or other financing source for a
capital appropriation of $42,000,000 for the state preparedness and
training center.
S 35. Notwithstanding any other law, rule, or regulation to the
contrary, the comptroller is hereby authorized and directed to deposit
to the credit of the capital projects fund, reimbursement from the
proceeds of notes or bonds issued by the environmental facilities corpo-
ration for a capital appropriation of $35,000,000 authorized by a chap-
ter of the laws of 2011 to the department of environmental conservation
for payment of a portion of the state's match for federal capitalization
grants for the water pollution control revolving loan fund, reimburse-
ment from the proceeds of notes or bonds issued by the urban development
corporation for a capital appropriation of $92,751,000 authorized by a
S. 2605--B 64 A. 3005--B
chapter of the laws of 2011 to all state departments and agencies for
the purchase of equipment or systems development, reimbursement from the
proceeds of notes or bonds issued by the urban development corporation
for disbursements of up to $40,000,000 from any capital appropriation or
reappropriation authorized by a chapter of the laws of 2011 to the
office of general services for various purposes, reimbursement from the
proceeds of notes or bonds issued by the environmental facilities corpo-
ration for disbursements of up to $12,000,000 from any capital appropri-
ations or reappropriations authorized by a chapter of the laws of 2011
to the department of environmental conservation for environmental
purposes, reimbursement from the proceeds of notes or bonds issued by
the urban development corporation for capital disbursements of up to
$3,000,000 from any capital appropriation or reappropriation authorized
by a chapter of the laws of 2011 to the division of military and naval
affairs for various purposes, reimbursement from the proceeds of notes
or bonds issued by the urban development corporation for a capital
appropriation of $6,000,000 authorized by a chapter of the laws of 2011
to the division of state police for rehabilitation of facilities,
reimbursement from the proceeds of notes or bonds issued by the dormito-
ry authority of the state of New York or other financing source for a
capital appropriation of $14,000,000 authorized by a chapter of the laws
of 2011 to the state education department for library construction,
reimbursement from the proceeds of notes or bonds issued by the urban
development corporation for capital appropriation of $130,550,000
authorized by a chapter of the laws of 2011 to the urban development
corporation for services and expenses related to the regional economic
development council initiative, reimbursement from the proceeds of notes
or bonds issued by the urban development corporation for capital appro-
priation of $50,000,000 authorized by a chapter of the laws of 2011 to
the urban development corporation for services and expenses related to
the economic transformation program. Reimbursements from the proceeds
of notes or bonds issued by the urban development corporation for
disbursements of up to $40,000,000 from any capital appropriation or
reappropriation authorized by a chapter of the laws of 2011 to the
office of general services for various purposes.
S 36. Notwithstanding any other law, rule, or regulation to the
contrary, the comptroller is hereby authorized and directed to deposit
to the credit of the capital projects fund, reimbursement from the
proceeds of notes or bonds issued by the environmental facilities corpo-
ration for a capital appropriation of $35,000,000 authorized by a chap-
ter of the laws of 2012 to the department of environmental conservation
for payment of a portion of the state's match for federal capitalization
grants for the water pollution control revolving loan fund, reimburse-
ment from the proceeds of notes or bonds issued by the environmental
facilities corporation for disbursements of up to $12,000,000 from any
capital appropriations or reappropriations authorized by a chapter of
the laws of 2012 to the department of environmental conservation for
environmental purposes, reimbursement from the proceeds of notes or
bonds issued by the urban development corporation for capital disburse-
ments of up to $3,000,000 from any capital appropriation or reappropri-
ation authorized by a chapter of the laws of 2012 to the division of
military and naval affairs for various purposes, reimbursement from the
proceeds of notes or bonds issued by the urban development corporation
for a capital appropriation of $6,000,000 authorized by a chapter of the
laws of 2012 to the division of state police for rehabilitation of
facilities, reimbursement from the proceeds of notes or bonds issued by
S. 2605--B 65 A. 3005--B
the dormitory authority of the state of New York or other financing
source for a capital appropriation of $14,000,000 authorized by a chap-
ter of the laws of 2012 to the state education department for library
construction, reimbursement from the proceeds of notes or bonds issued
by the thruway authority, the dormitory authority and the urban develop-
ment corporation for a capital appropriation of $770,000,000 authorized
by chapter 54 of the laws of 2012 to the metropolitan transportation
authority for various purposes, reimbursement from the proceeds of notes
or bonds issued by the thruway authority for a capital appropriation of
$15,000,000 authorized by chapter 54 of the laws of 2012 to the depart-
ment of transportation for improvement of the peace bridge plaza,
reimbursement from the proceeds of notes or bonds issued by the urban
development corporation for a capital appropriation of $130,000,000
authorized by a chapter of the laws of 2012 to the urban development
corporation for services and expenses related to the regional economic
development council initiative, reimbursement from the proceeds of notes
or bonds issued by the urban development corporation for a capital
appropriation of $75,000,000 authorized by a chapter of the laws of 2012
to the urban development corporation for services and expenses related
to the New York works economic development fund, reimbursement from the
proceeds of notes or bonds issued by the urban development corporation
for a capital appropriation of $75,000,000 authorized by a chapter of
the laws of 2012 to the urban development corporation for services and
expenses related to the buffalo regional innovation cluster, reimburse-
ment from the proceeds of notes or bonds issued by the urban development
corporation for a capital appropriation of $250,000,000 authorized by a
chapter of the laws of 2012 to the urban development corporation for
services and expenses related to the state university of New York
college for nanoscale and science engineering project, reimbursements
from the proceeds of notes or bonds issued by the urban development
corporation for disbursements of up to $26,000,000 from any capital
appropriation or reappropriation authorized by a chapter of the laws of
2012 to the office of general services for various purposes.
S 37. Notwithstanding any other law, rule, or regulation to the
contrary, the comptroller is hereby authorized and directed to deposit
to the credit of the capital projects fund, reimbursement from the
proceeds of notes or bonds issued by the environmental facilities corpo-
ration for a capital appropriation of $35,000,000 authorized by a chap-
ter of the laws of 2013 to the department of environmental conservation
for payment of a portion of the state's match for federal capitalization
grants for the water pollution control revolving loan fund, reimburse-
ment from the proceeds of notes or bonds issued by the environmental
facilities corporation for disbursements of up to $12,000,000 from any
capital appropriations or reappropriations authorized by a chapter of
the laws of 2013 to the department of environmental conservation for
environmental purposes, reimbursement from the proceeds of notes or
bonds issued by the urban development corporation for capital disburse-
ments of up to $3,000,000 from any capital appropriation or reappropri-
ation authorized by a chapter of the laws of 2013 to the division of
military and naval affairs for various purposes, reimbursement from the
proceeds of notes or bonds issued by the urban development corporation
for a capital appropriation of $7,000,000 authorized by a chapter of the
laws of 2013 to the division of state police for rehabilitation of
facilities, reimbursement from the proceeds of notes or bonds issued by
the urban development corporation for a capital appropriation of
$12,500,000 authorized by a chapter of the laws of 2013 to the division
S. 2605--B 66 A. 3005--B
of state police for aviation equipment, reimbursement from the proceeds
of notes or bonds issued by the urban development corporation for a
capital appropriation of $32,740,000 authorized by a chapter of the laws
of 2013 to the division of state police for a pistol permit database,
reimbursement from the proceeds of notes or bonds issued by the dormito-
ry authority of the state of New York or other financing source for a
capital appropriation of $14,000,000 authorized by a chapter of the laws
of 2013 to the state education department for library construction,
reimbursement from the proceeds of notes or bonds issued by the urban
development corporation for a capital appropriation of $150,000,000
authorized by a chapter of the laws of 2013 to the urban development
corporation for services and expenses related to the regional economic
development council initiative, reimbursement from the proceeds of notes
or bonds issued by the urban development corporation for a capital
appropriation of $75,000,000 authorized by a chapter of the laws of 2013
to the urban development corporation for services and expenses related
to the buffalo regional innovation cluster, reimbursement from the
proceeds of notes or bonds issued by the urban development corporation
for a capital appropriation of $2,166,000 authorized by a chapter of the
laws of 2013 to the urban development corporation for services and
expenses related to the retention of professional football in Western
New York, reimbursements from the proceeds of notes or bonds issued by
the urban development corporation for disbursements of up to $26,000,000
from any capital appropriation or reappropriation authorized by a chap-
ter of the laws of 2013 to the office of general services for various
purposes, reimbursement from the proceeds of notes or bonds issued by
the urban development corporation for a capital appropriation of
$53,891,000 authorized by a chapter of the laws of 2013 to the urban
development corporation for services and expenses related to capital
improvements at Ralph Wilson Stadium, reimbursement from the proceeds of
notes or bonds issued by the urban development corporation for a capital
appropriation of $165,000,000 authorized by a chapter of the laws of
2013 to the urban development corporation for services and expenses
related to the New York works economic development fund, reimbursement
from the proceeds of notes or bonds issued by the thruway authority for
a capital appropriation of $100,000,000 authorized by a chapter of the
laws of 2013 to the department of transportation for transportation
infrastructure projects, reimbursement from the proceeds of notes or
bonds issued by the thruway authority for a capital appropriation of
$200,000,000 authorized by a chapter of the laws of 2013 to the depart-
ment of transportation for various purposes.
S 38. For purposes of sections twenty-six through thirty-seven of this
act, the comptroller is also hereby authorized and directed to deposit
to the credit of any capital projects fund, reimbursement from the
proceeds of bonds and notes issued by any authorized issuer, as defined
by sections 68-a and 69-m of the state finance law, in the amounts and
for the purposes listed in such sections.
S 39. Notwithstanding any other law, rule, or regulation to the
contrary, the comptroller is hereby authorized and directed to deposit
to the credit of the state university residence hall rehabilitation
fund, reimbursement from the proceeds of notes or bonds issued by the
dormitory authority of the state of New York for capital disbursements
of up to $331,000,000 from any appropriation or reappropriation author-
ized by a chapter of the laws of 2013.
S 40. Notwithstanding any other law, rule, or regulation to the
contrary, the comptroller is hereby authorized and directed to deposit
S. 2605--B 67 A. 3005--B
to the credit of the city university special revenue fund, reimbursement
from the proceeds of notes or bonds issued by the Dormitory Authority of
the State of New York for capital disbursements of up to $20,000,000
from any appropriation or reappropriation authorized by chapter 53 of
the laws of 2009 to the city university of New York for various
purposes.
S 41. Notwithstanding any other law, rule, or regulation to the
contrary, the state comptroller is hereby authorized and directed to use
any balance remaining in the mental health services fund debt service
appropriation, after payment by the state comptroller of all obligations
required pursuant to any lease, sublease, or other financing arrangement
between the dormitory authority of the state of New York as successor to
the New York state medical care facilities finance agency, and the
facilities development corporation pursuant to chapter 83 of the laws of
1995 and the department of mental hygiene for the purpose of making
payments to the dormitory authority of the state of New York for the
amount of the earnings for the investment of monies deposited in the
mental health services fund that such agency determines will or may have
to be rebated to the federal government pursuant to the provisions of
the internal revenue code of 1986, as amended, in order to enable such
agency to maintain the exemption from federal income taxation on the
interest paid to the holders of such agency's mental services facilities
improvement revenue bonds. On or before June 30, 2013, such agency shall
certify to the state comptroller its determination of the amounts
received in the mental health services fund as a result of the invest-
ment of monies deposited therein that will or may have to be rebated to
the federal government pursuant to the provisions of the internal reven-
ue code of 1986, as amended.
S 42. (1) Notwithstanding any other law, rule, or regulation to the
contrary, the state comptroller shall at the commencement of each month
certify to the director of the budget, the commissioner of environmental
conservation, the chair of the senate finance committee, and the chair
of the assembly ways and means committee the amounts disbursed from all
appropriations for hazardous waste site remediation disbursements for
the month preceding such certification.
(2) Notwithstanding any law to the contrary, prior to the issuance by
the comptroller of bonds authorized pursuant to subdivision a of section
4 of the environmental quality bond act of nineteen hundred eighty-six,
as enacted by chapter 511 of the laws of 1986, disbursements from all
appropriations for that purpose shall first be reimbursed from moneys
credited to the hazardous waste remedial fund, site investigation and
construction account, to the extent moneys are available in such
account. For purposes of determining moneys available in such account,
the commissioner of environmental conservation shall certify to the
comptroller the amounts required for administration of the hazardous
waste remedial program.
(3) The comptroller is hereby authorized and directed to transfer any
balance above the amounts certified by the commissioner of environmental
conservation to reimburse disbursements pursuant to all appropriations
from such site investigation and construction account; provided, howev-
er, that if such transfers are determined by the comptroller to be
insufficient to assure that interest paid to holders of state obli-
gations issued for hazardous waste purposes pursuant to the environ-
mental quality bond act of nineteen hundred eighty-six, as enacted by
chapter 511 of the laws of 1986, is exempt from federal income taxation,
the comptroller is hereby authorized and directed to transfer, from such
S. 2605--B 68 A. 3005--B
site investigation and construction account to the general fund, the
amount necessary to redeem bonds in an amount necessary to assure the
continuation of such tax exempt status. Prior to the making of any such
transfers, the comptroller shall notify the director of the budget of
the amount of such transfers.
S 43. Subdivision 2 of section 68-a of the state finance law, as
amended by section 36 of part U of chapter 59 of the laws of 2012, is
amended to read as follows:
2. "Authorized purpose" for purposes of this article and section nine-
ty-two-z of this chapter shall mean any purposes for which state-sup-
ported debt, as defined by section sixty-seven-a of this chapter, may or
has been issued except debt for which the state is constitutionally
obligated thereunder to pay debt service and related expenses[, and
except (a) as authorized in paragraph (b) of subdivision one of section
three hundred eighty-five of the public authorities law, (b) as author-
ized for the department of health of the state of New York facilities as
specified in paragraph a of subdivision two of section sixteen hundred
eighty of the public authorities law, (c) state university of New York
dormitory facilities as specified in subdivision eight of section
sixteen hundred seventy-eight of the public authorities law, and (d) as
authorized for mental health services facilities by section nine-a of
section one of chapter three hundred ninety-two of the laws of nineteen
hundred seventy-three constituting the New York state medical care
facilities financing act. Notwithstanding the provisions of clause (d)
of this subdivision, for the period April first, two thousand nine
through March thirty-first, two thousand thirteen, mental health
services facilities, as authorized by section nine-a of section one of
chapter three hundred ninety-two of the laws of nineteen hundred seven-
ty-three constituting the New York state medical care facilities financ-
ing act, shall constitute an authorized purpose].
S 44. Subdivision 8 of section 68-b of the state finance law, as
amended by section 35 of part BB of chapter 58 of the laws of 2011, is
amended to read as follows:
8. Revenue bonds may only be issued for authorized purposes, as
defined in section sixty-eight-a of this article. Notwithstanding the
foregoing, the dormitory authority of the state of New York and the
urban development corporation may issue revenue bonds for any authorized
purpose of any other such authorized issuer [through March thirty-first,
two thousand thirteen]. The authorized issuers shall not issue any
revenue bonds in an amount in excess of statutory authorizations for
such authorized purposes. Authorizations for such authorized purposes
shall be reduced in an amount equal to the amount of revenue bonds
issued for such authorized purposes under this article. Such reduction
shall not be made in relation to revenue bonds issued to fund reserve
funds, if any, and costs of issuance, if these items are not counted
under existing authorizations, nor shall revenue bonds issued to refund
bonds issued under existing authorizations reduce the amount of such
authorizations.
S 45. Subdivision 5 of section 3234 of the public authorities law, as
amended by section 54 of part K of chapter 81 of the laws of 2002, is
amended to read as follows:
5. A majority of the whole number of directors then in office shall
constitute a quorum for the transaction of any business or the exercise
of any power of the corporation. Except as otherwise specified in this
title, for the transaction of any business or the exercise of any power
of the corporation, the corporation shall have power to act by a majori-
S. 2605--B 69 A. 3005--B
ty of the directors present at any meeting at which a quorum is in
attendance; provided that one or more directors may participate in a
meeting by means of conference telephone or similar communications
equipment allowing all directors participating in the meeting to hear
each other at the same time and participation by such means shall
constitute presence in person at a meeting. A unanimous vote of all
directors THEN IN OFFICE shall be required for approval of a resolution
authorizing the issuance of bonds or notes or any supplemental or amen-
datory resolution. The corporation may delegate to one or more of its
directors, or officers, agents and employees, such powers and duties as
the directors may deem proper. Five days notice shall be given to each
director and nonvoting representative prior to any meeting of the corpo-
ration.
S 46. Section 1 of chapter 174 of the laws of 1968, constituting the
New York state urban development corporation act, is amended by adding a
new section 46 to read as follows:
S 46. 1. NOTWITHSTANDING THE PROVISIONS OF ANY OTHER LAW TO THE
CONTRARY, THE DORMITORY AUTHORITY AND THE CORPORATION ARE HEREBY AUTHOR-
IZED TO ISSUE BONDS OR NOTES IN ONE OR MORE SERIES FOR THE PURPOSE OF
FUNDING PROJECT COSTS FOR THE NEW YORK STATE TRANSFORMATIVE CAPITAL FUND
AND OTHER STATE COSTS ASSOCIATED WITH SUCH CAPITAL PROJECTS. THE AGGRE-
GATE PRINCIPAL AMOUNT OF BONDS AUTHORIZED TO BE ISSUED PURSUANT TO THIS
SECTION SHALL NOT EXCEED ONE BILLION ONE HUNDRED SEVENTY MILLION
DOLLARS, EXCLUDING BONDS ISSUED TO FUND ONE OR MORE DEBT SERVICE RESERVE
FUNDS, TO PAY COSTS OF ISSUANCE OF SUCH BONDS, AND BONDS OR NOTES ISSUED
TO REFUND OR OTHERWISE REPAY SUCH BONDS OR NOTES PREVIOUSLY ISSUED. SUCH
BONDS AND NOTES OF THE DORMITORY AUTHORITY AND THE CORPORATION SHALL NOT
BE A DEBT OF THE STATE, AND THE STATE SHALL NOT BE LIABLE THEREON, NOR
SHALL THEY BE PAYABLE OUT OF ANY FUNDS OTHER THAN THOSE APPROPRIATED BY
THE STATE TO THE DORMITORY AUTHORITY AND THE CORPORATION FOR PRINCIPAL,
INTEREST, AND RELATED EXPENSES PURSUANT TO A SERVICE CONTRACT AND SUCH
BONDS AND NOTES SHALL CONTAIN ON THE FACE THEREOF A STATEMENT TO SUCH
EFFECT. EXCEPT FOR PURPOSES OF COMPLYING WITH THE INTERNAL REVENUE CODE,
ANY INTEREST INCOME EARNED ON BOND PROCEEDS SHALL ONLY BE USED TO PAY
DEBT SERVICE ON SUCH BONDS.
2. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, IN
ORDER TO ASSIST THE DORMITORY AUTHORITY AND THE CORPORATION IN UNDERTAK-
ING THE FINANCING FOR PROJECT COSTS FOR THE NEW YORK STATE TRANSFORM-
ATIVE CAPITAL FUND AND OTHER STATE COSTS ASSOCIATED WITH SUCH CAPITAL
PROJECTS, THE DIRECTOR OF THE BUDGET IS HEREBY AUTHORIZED TO ENTER INTO
ONE OR MORE SERVICE CONTRACTS WITH THE DORMITORY AUTHORITY AND THE
CORPORATION, NONE OF WHICH SHALL EXCEED THIRTY YEARS IN DURATION, UPON
SUCH TERMS AND CONDITIONS AS THE DIRECTOR OF THE BUDGET AND THE DORMITO-
RY AUTHORITY AND THE CORPORATION AGREE, SO AS TO ANNUALLY PROVIDE TO THE
DORMITORY AUTHORITY AND THE CORPORATION, IN THE AGGREGATE, A SUM NOT TO
EXCEED THE PRINCIPAL, INTEREST, AND RELATED EXPENSES REQUIRED FOR SUCH
BONDS AND NOTES. ANY SERVICE CONTRACT ENTERED INTO PURSUANT TO THIS
SECTION SHALL PROVIDE THAT THE OBLIGATION OF THE STATE TO PAY THE AMOUNT
THEREIN PROVIDED SHALL NOT CONSTITUTE A DEBT OF THE STATE WITHIN THE
MEANING OF ANY CONSTITUTIONAL OR STATUTORY PROVISION AND SHALL BE DEEMED
EXECUTORY ONLY TO THE EXTENT OF MONIES AVAILABLE AND THAT NO LIABILITY
SHALL BE INCURRED BY THE STATE BEYOND THE MONIES AVAILABLE FOR SUCH
PURPOSE, SUBJECT TO ANNUAL APPROPRIATION BY THE LEGISLATURE. ANY SUCH
CONTRACT OR ANY PAYMENTS MADE OR TO BE MADE THEREUNDER MAY BE ASSIGNED
AND PLEDGED BY THE DORMITORY AUTHORITY AND THE CORPORATION AS SECURITY
FOR ITS BONDS AND NOTES, AS AUTHORIZED BY THIS SECTION.
S. 2605--B 70 A. 3005--B
3. THE COMPTROLLER IS HEREBY AUTHORIZED TO RECEIVE FROM THE DORMITORY
AUTHORITY AND THE CORPORATION ANY PORTION OF BOND PROCEEDS PAID TO
PROVIDE FUNDS FOR OR REIMBURSE THE STATE FOR ITS COSTS ASSOCIATED WITH
SUCH CAPITAL PROJECT COSTS AND TO CREDIT SUCH AMOUNTS TO THE CAPITAL
PROJECTS FUND OR ANY OTHER APPROPRIATE FUND.
S 47. Section 1 of chapter 174 of the laws of 1968, constituting the
New York state urban development corporation act, is amended by adding a
new section 47 to read as follows:
S 47. 1. NOTWITHSTANDING THE PROVISIONS OF ANY OTHER LAW TO THE
CONTRARY, THE DORMITORY AUTHORITY AND THE CORPORATION ARE HEREBY AUTHOR-
IZED TO ISSUE BONDS OR NOTES IN ONE OR MORE SERIES FOR THE PURPOSE OF
FUNDING PROJECT COSTS FOR THE OFFICE OF INFORMATION TECHNOLOGY SERVICES
AND OTHER STATE COSTS ASSOCIATED WITH SUCH CAPITAL PROJECTS. THE AGGRE-
GATE PRINCIPAL AMOUNT OF BONDS AUTHORIZED TO BE ISSUED PURSUANT TO THIS
SECTION SHALL NOT EXCEED SIXTY MILLION DOLLARS, EXCLUDING BONDS ISSUED
TO FUND ONE OR MORE DEBT SERVICE RESERVE FUNDS, TO PAY COSTS OF ISSUANCE
OF SUCH BONDS, AND BONDS OR NOTES ISSUED TO REFUND OR OTHERWISE REPAY
SUCH BONDS OR NOTES PREVIOUSLY ISSUED. SUCH BONDS AND NOTES OF THE
DORMITORY AUTHORITY AND THE CORPORATION SHALL NOT BE A DEBT OF THE
STATE, AND THE STATE SHALL NOT BE LIABLE THEREON, NOR SHALL THEY BE
PAYABLE OUT OF ANY FUNDS OTHER THAN THOSE APPROPRIATED BY THE STATE TO
THE DORMITORY AUTHORITY AND THE CORPORATION FOR PRINCIPAL, INTEREST, AND
RELATED EXPENSES PURSUANT TO A SERVICE CONTRACT AND SUCH BONDS AND NOTES
SHALL CONTAIN ON THE FACE THEREOF A STATEMENT TO SUCH EFFECT. EXCEPT FOR
PURPOSES OF COMPLYING WITH THE INTERNAL REVENUE CODE, ANY INTEREST
INCOME EARNED ON BOND PROCEEDS SHALL ONLY BE USED TO PAY DEBT SERVICE ON
SUCH BONDS.
2. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, IN
ORDER TO ASSIST THE DORMITORY AUTHORITY AND THE CORPORATION IN UNDERTAK-
ING THE FINANCING FOR PROJECT COSTS FOR THE OFFICE OF INFORMATION TECH-
NOLOGY SERVICES AND OTHER STATE COSTS ASSOCIATED WITH SUCH CAPITAL
PROJECTS, THE DIRECTOR OF THE BUDGET IS HEREBY AUTHORIZED TO ENTER INTO
ONE OR MORE SERVICE CONTRACTS WITH THE DORMITORY AUTHORITY AND THE
CORPORATION, NONE OF WHICH SHALL EXCEED THIRTY YEARS IN DURATION, UPON
SUCH TERMS AND CONDITIONS AS THE DIRECTOR OF THE BUDGET AND THE DORMITO-
RY AUTHORITY AND THE CORPORATION AGREE, SO AS TO ANNUALLY PROVIDE TO THE
DORMITORY AUTHORITY AND THE CORPORATION, IN THE AGGREGATE, A SUM NOT TO
EXCEED THE PRINCIPAL, INTEREST, AND RELATED EXPENSES REQUIRED FOR SUCH
BONDS AND NOTES. ANY SERVICE CONTRACT ENTERED INTO PURSUANT TO THIS
SECTION SHALL PROVIDE THAT THE OBLIGATION OF THE STATE TO PAY THE AMOUNT
THEREIN PROVIDED SHALL NOT CONSTITUTE A DEBT OF THE STATE WITHIN THE
MEANING OF ANY CONSTITUTIONAL OR STATUTORY PROVISION AND SHALL BE DEEMED
EXECUTORY ONLY TO THE EXTENT OF MONIES AVAILABLE AND THAT NO LIABILITY
SHALL BE INCURRED BY THE STATE BEYOND THE MONIES AVAILABLE FOR SUCH
PURPOSE, SUBJECT TO ANNUAL APPROPRIATION BY THE LEGISLATURE. ANY SUCH
CONTRACT OR ANY PAYMENTS MADE OR TO BE MADE THEREUNDER MAY BE ASSIGNED
AND PLEDGED BY THE DORMITORY AUTHORITY AND THE CORPORATION AS SECURITY
FOR ITS BONDS AND NOTES, AS AUTHORIZED BY THIS SECTION.
3. THE COMPTROLLER IS HEREBY AUTHORIZED TO RECEIVE FROM THE DORMITORY
AUTHORITY AND THE CORPORATION ANY PORTION OF BOND PROCEEDS PAID TO
PROVIDE FUNDS FOR OR REIMBURSE THE STATE FOR ITS COSTS ASSOCIATED WITH
SUCH CAPITAL PROJECT COSTS AND TO CREDIT SUCH AMOUNTS TO THE CAPITAL
PROJECTS FUND OR ANY OTHER APPROPRIATE FUND.
S 48. Subdivision (a) of section 28 of part Y of chapter 61 of the
laws of 2005, relating to providing for the administration of certain
funds and accounts related to the 2005-2006 budget, as amended by
S. 2605--B 71 A. 3005--B
section 39 of part U of chapter 59 of the laws of 2012, is amended to
read as follows:
(a) Subject to the provisions of chapter 59 of the laws of 2000, but
notwithstanding any provisions of law to the contrary, one or more
authorized issuers as defined by section 68-a of the state finance law
are hereby authorized to issue bonds or notes in one or more series in
an aggregate principal amount not to exceed [$24,000,000] $27,000,000,
excluding bonds issued to finance one or more debt service reserve
funds, to pay costs of issuance of such bonds, and bonds or notes issued
to refund or otherwise repay such bonds or notes previously issued, for
the purpose of financing capital projects for public protection facili-
ties in the Division of Military and Naval Affairs, debt service and
leases; and to reimburse the state general fund for disbursements made
therefor. Such bonds and notes of such authorized issuer shall not be a
debt of the state, and the state shall not be liable thereon, nor shall
they be payable out of any funds other than those appropriated by the
state to such authorized issuer for debt service and related expenses
pursuant to any service contract executed pursuant to subdivision (b) of
this section and such bonds and notes shall contain on the face thereof
a statement to such effect. Except for purposes of complying with the
internal revenue code, any interest income earned on bond proceeds shall
only be used to pay debt service on such bonds.
S 49. Subdivision 1 of section 16 of part D of chapter 389 of the laws
of 1997, relating to the financing of the correctional facilities
improvement fund and the youth facility improvement fund, as amended by
section 40 of part U of chapter 59 of the laws of 2012, is amended to
read as follows:
1. Subject to the provisions of chapter 59 of the laws of 2000, but
notwithstanding the provisions of section 18 of section 1 of chapter 174
of the laws of 1968, the New York state urban development corporation is
hereby authorized to issue bonds, notes and other obligations in an
aggregate principal amount not to exceed [six] SEVEN billion [eight] ONE
hundred [sixteen] THIRTY-THREE million [eight hundred] sixty-nine thou-
sand dollars [$6,816,869,000] $7,133,069,000, and shall include all
bonds, notes and other obligations issued pursuant to chapter 56 of the
laws of 1983, as amended or supplemented. The proceeds of such bonds,
notes or other obligations shall be paid to the state, for deposit in
the correctional facilities capital improvement fund to pay for all or
any portion of the amount or amounts paid by the state from appropri-
ations or reappropriations made to the department of corrections and
community supervision from the correctional facilities capital improve-
ment fund for capital projects. The aggregate amount of bonds, notes or
other obligations authorized to be issued pursuant to this section shall
exclude bonds, notes or other obligations issued to refund or otherwise
repay bonds, notes or other obligations theretofore issued, the proceeds
of which were paid to the state for all or a portion of the amounts
expended by the state from appropriations or reappropriations made to
the department of corrections and community supervision; provided,
however, that upon any such refunding or repayment the total aggregate
principal amount of outstanding bonds, notes or other obligations may be
greater than [six] SEVEN billion [eight] ONE hundred [sixteen]
THIRTY-THREE million [eight hundred] sixty-nine thousand dollars
[$6,816,869,000] $7,133,069,000, only if the present value of the aggre-
gate debt service of the refunding or repayment bonds, notes or other
obligations to be issued shall not exceed the present value of the
aggregate debt service of the bonds, notes or other obligations so to be
S. 2605--B 72 A. 3005--B
refunded or repaid. For the purposes hereof, the present value of the
aggregate debt service of the refunding or repayment bonds, notes or
other obligations and of the aggregate debt service of the bonds, notes
or other obligations so refunded or repaid, shall be calculated by
utilizing the effective interest rate of the refunding or repayment
bonds, notes or other obligations, which shall be that rate arrived at
by doubling the semi-annual interest rate (compounded semi-annually)
necessary to discount the debt service payments on the refunding or
repayment bonds, notes or other obligations from the payment dates ther-
eof to the date of issue of the refunding or repayment bonds, notes or
other obligations and to the price bid including estimated accrued
interest or proceeds received by the corporation including estimated
accrued interest from the sale thereof.
S 50. Paragraph (a) of subdivision 2 of section 47-e of the private
housing finance law, as amended by section 41 of part U of chapter 59 of
the laws of 2012, is amended to read as follows:
(a) Subject to the provisions of chapter fifty-nine of the laws of two
thousand, in order to enhance and encourage the promotion of housing
programs and thereby achieve the stated purposes and objectives of such
housing programs, the agency shall have the power and is hereby author-
ized from time to time to issue negotiable housing program bonds and
notes in such principal amount as shall be necessary to provide suffi-
cient funds for the repayment of amounts disbursed (and not previously
reimbursed) pursuant to law or any prior year making capital appropri-
ations or reappropriations for the purposes of the housing program;
provided, however, that the agency may issue such bonds and notes in an
aggregate principal amount not exceeding two billion [seven] EIGHT
hundred [forty] FORTY-FOUR million [six] EIGHT hundred ninety-nine thou-
sand dollars, plus a principal amount of bonds issued to fund the debt
service reserve fund in accordance with the debt service reserve fund
requirement established by the agency and to fund any other reserves
that the agency reasonably deems necessary for the security or marketa-
bility of such bonds and to provide for the payment of fees and other
charges and expenses, including underwriters' discount, trustee and
rating agency fees, bond insurance, credit enhancement and liquidity
enhancement related to the issuance of such bonds and notes. No reserve
fund securing the housing program bonds shall be entitled or eligible to
receive state funds apportioned or appropriated to maintain or restore
such reserve fund at or to a particular level, except to the extent of
any deficiency resulting directly or indirectly from a failure of the
state to appropriate or pay the agreed amount under any of the contracts
provided for in subdivision four of this section.
S 51. Subdivision (b) of section 11 of chapter 329 of the laws of
1991, amending the state finance law and other laws relating to the
establishment of the dedicated highway and bridge trust fund, as amended
by section 42 of part U of chapter 59 of the laws of 2012, is amended to
read as follows:
(b) Any service contract or contracts for projects authorized pursuant
to sections 10-c, 10-f, 10-g and 80-b of the highway law and section
14-k of the transportation law, and entered into pursuant to subdivision
(a) of this section, shall provide for state commitments to provide
annually to the thruway authority a sum or sums, upon such terms and
conditions as shall be deemed appropriate by the director of the budget,
to fund, or fund the debt service requirements of any bonds or any obli-
gations of the thruway authority issued to fund such projects having a
S. 2605--B 73 A. 3005--B
cost not in excess of [$7,106,022,000] $7,516,875,000 cumulatively by
the end of fiscal year [2012-13] 2013-14.
S 52. Subdivision 1 of section 1689-i of the public authorities law,
as amended by section 50 of part U of chapter 59 of the laws of 2012, is
amended to read as follows:
1. The dormitory authority is authorized to issue bonds, at the
request of the commissioner of education, to finance eligible library
construction projects pursuant to section two hundred seventy-three-a of
the education law, in amounts certified by such commissioner not to
exceed a total principal amount of [ninety-eight] ONE HUNDRED TWELVE
million dollars.
S 53. Subdivision (a) of section 27 of part Y of chapter 61 of the
laws of 2005, providing for the administration of certain funds and
accounts related to the 2005-2006 budget, as amended by section 43 of
part PP of chapter 56 of the laws of 2009, is amended to read as
follows:
(a) Subject to the provisions of chapter 59 of the laws of 2000, but
notwithstanding any provisions of law to the contrary, the urban devel-
opment corporation is hereby authorized to issue bonds or notes in one
or more series in an aggregate principal amount not to exceed
[$114,100,000] $166,340,000, excluding bonds issued to finance one or
more debt service reserve funds, to pay costs of issuance of such bonds,
and bonds or notes issued to refund or otherwise repay such bonds or
notes previously issued, for the purpose of financing capital projects
for THE division of state police [facilities], debt service and leases;
and to reimburse the state general fund for disbursements made therefor.
Such bonds and notes of such authorized issuer shall not be a debt of
the state, and the state shall not be liable thereon, nor shall they be
payable out of any funds other than those appropriated by the state to
such authorized issuer for debt service and related expenses pursuant to
any service contract executed pursuant to subdivision (b) of this
section and such bonds and notes shall contain on the face thereof a
statement to such effect. Except for purposes of complying with the
internal revenue code, any interest income earned on bond proceeds shall
only be used to pay debt service on such bonds.
S 54. Section 44 of section 1 of chapter 174 of the laws of 1968,
constituting the New York state urban development corporation act, as
amended by section 43 of part U of chapter 59 of the laws of 2012, is
amended to read as follows:
S 44. ISSUANCE OF CERTAIN BONDS OR NOTES. 1. Notwithstanding the
provisions of any other law to the contrary, the dormitory authority and
the corporation are hereby authorized to issue bonds or notes in one or
more series for the purpose of funding project costs for the regional
economic development council initiative, the economic transformation
program, state university of New York college for nanoscale and science
engineering, projects within the city of Buffalo or surrounding envi-
rons, [and] the New York works economic development fund, PROJECTS FOR
THE RETENTION OF PROFESSIONAL FOOTBALL IN WESTERN NEW YORK, and other
state costs associated with such projects. The aggregate principal
amount of bonds authorized to be issued pursuant to this section shall
not exceed [seven hundred ten million five hundred fifty] ONE BILLION
ONE HUNDRED FIFTY-SIX MILLION SIX HUNDRED SEVEN thousand dollars,
excluding bonds issued to fund one or more debt service reserve funds,
to pay costs of issuance of such bonds, and bonds or notes issued to
refund or otherwise repay such bonds or notes previously issued. Such
bonds and notes of the dormitory authority and the corporation shall not
S. 2605--B 74 A. 3005--B
be a debt of the state, and the state shall not be liable thereon, nor
shall they be payable out of any funds other than those appropriated by
the state to the dormitory authority and the corporation for principal,
interest, and related expenses pursuant to a service contract and such
bonds and notes shall contain on the face thereof a statement to such
effect. Except for purposes of complying with the internal revenue code,
any interest income earned on bond proceeds shall only be used to pay
debt service on such bonds.
2. Notwithstanding any other provision of law to the contrary, in
order to assist the dormitory authority and the corporation in undertak-
ing the financing for project costs for the regional economic develop-
ment council initiative, the economic transformation program, state
university of New York college for nanoscale and science engineering,
projects within the city of Buffalo or surrounding environs [and], the
New York works economic development fund, PROJECTS FOR THE RETENTION OF
PROFESSIONAL FOOTBALL IN WESTERN NEW YORK, and other state costs associ-
ated with such projects, the director of the budget is hereby authorized
to enter into one or more service contracts with the dormitory authority
and the corporation, none of which shall exceed thirty years in dura-
tion, upon such terms and conditions as the director of the budget and
the dormitory authority and the corporation agree, so as to annually
provide to the dormitory authority and the corporation, in the aggre-
gate, a sum not to exceed the principal, interest, and related expenses
required for such bonds and notes. Any service contract entered into
pursuant to this section shall provide that the obligation of the state
to pay the amount therein provided shall not constitute a debt of the
state within the meaning of any constitutional or statutory provision
and shall be deemed executory only to the extent of monies available and
that no liability shall be incurred by the state beyond the monies
available for such purpose, subject to annual appropriation by the
legislature. Any such contract or any payments made or to be made there-
under may be assigned and pledged by the dormitory authority and the
corporation as security for its bonds and notes, as authorized by this
section.
S 55. Subdivisions 1 and 3 of section 1285-p of the public authorities
law,subdivision 1 as amended by section 21 of part II of chapter 59 of
the laws of 2004 and subdivision 3 as amended by section 38 of part U of
chapter 59 of the laws of 2012, are amended to read as follows:
1. Subject to chapter fifty-nine of the laws of two thousand, but
notwithstanding any other provisions of law to the contrary, in order to
assist the corporation in undertaking the administration and the financ-
ing of the design, acquisition, construction, improvement, installation,
and related work for all or any portion of any of the following environ-
mental infrastructure projects and for the provision of funds to the
state for any amounts disbursed therefor: (a) projects authorized under
the environmental protection fund, or for which appropriations are made
to the environmental protection fund including, but not limited to
municipal parks and historic preservation, stewardship, farmland
protection, non-point source, pollution control, Hudson River Park, land
acquisition, and waterfront revitalization; (b) department of environ-
mental conservation capital appropriations for Onondaga Lake for certain
water quality improvement projects in the same manner as set forth in
paragraph (d) of subdivision one of section 56-0303 of the environmental
conservation law; (c) for the purpose of the administration, management,
maintenance, and use of the real property at the western New York nucle-
ar service center; and (d) department of environmental conservation
S. 2605--B 75 A. 3005--B
capital appropriations for the administration, design, acquisition,
construction, improvement, installation, and related work on department
of environmental conservation environmental infrastructure projects; and
(e) office of parks, recreation and historic preservation appropriations
or reappropriations from the state parks infrastructure fund[,]; AND (F)
CAPITAL GRANTS FOR THE CLEANER, GREENER COMMUNITIES PROGRAM the director
of the division of budget and the corporation are each authorized to
enter into one or more service contracts, none of which shall exceed
twenty years in duration, upon such terms and conditions as the director
and the corporation may agree, so as to annually provide to the corpo-
ration in the aggregate, a sum not to exceed the annual debt service
payments and related expenses required for any bonds and notes author-
ized pursuant to section twelve hundred ninety of this title. Any
service contract entered into pursuant to this section shall provide
that the obligation of the state to fund or to pay the amounts therein
provided for shall not constitute a debt of the state within the meaning
of any constitutional or statutory provision and shall be deemed execu-
tory only to the extent of moneys available for such purposes, subject
to annual appropriation by the legislature. Any such service contract or
any payments made or to be made thereunder may be assigned and pledged
by the corporation as security for its bonds and notes, as authorized
pursuant to section twelve hundred ninety of this title.
3. The maximum amount of bonds that may be issued for the purpose of
financing environmental infrastructure projects authorized by this
section shall be one billion [one hundred eighteen] TWO HUNDRED
SIXTY-FIVE million seven hundred sixty thousand dollars, exclusive of
bonds issued to fund any debt service reserve funds, pay costs of issu-
ance of such bonds, and bonds or notes issued to refund or otherwise
repay bonds or notes previously issued. Such bonds and notes of the
corporation shall not be a debt of the state, and the state shall not be
liable thereon, nor shall they be payable out of any funds other than
those appropriated by the state to the corporation for debt service and
related expenses pursuant to any service contracts executed pursuant to
subdivision one of this section, and such bonds and notes shall contain
on the face thereof a statement to such effect.
S 56. The state finance law is amended by adding a new section 92-h to
read as follows:
S 92-H. SALES TAX REVENUE BOND TAX FUND. 1. THERE IS HEREBY ESTAB-
LISHED IN THE JOINT CUSTODY OF THE STATE COMPTROLLER AND THE COMMISSION-
ER OF TAXATION AND FINANCE A FUND WITHIN THE GENERAL DEBT SERVICE FUND
TO BE KNOWN AS THE "SALES TAX REVENUE BOND TAX FUND".
2. SUCH FUND SHALL CONSIST OF THE AMOUNT OF REVENUE COLLECTED WITHIN
THE STATE FROM THE IMPOSITION OF THE SALES AND COMPENSATING USE TAXES
(INCLUDING INTEREST AND PENALTIES) PURSUANT TO SECTION ELEVEN HUNDRED
FIVE AND SECTION ELEVEN HUNDRED TEN OF THE TAX LAW EQUAL TO THE AMOUNT
ATTRIBUTABLE TO A ONE PERCENT RATE OF TAXATION, LESS SUCH AMOUNTS AS THE
COMMISSIONER OF TAXATION AND FINANCE MAY DETERMINE TO BE NECESSARY FOR
REFUNDS. ON AND AFTER THE DATE THAT ALL OF THE OBLIGATIONS AND LIABIL-
ITIES OF THE NEW YORK LOCAL GOVERNMENT ASSISTANCE CORPORATION SHALL HAVE
BEEN MET OR OTHERWISE DISCHARGED, OTHER THAN PAYMENT OBLIGATIONS
REQUIRED BY SECTION THIRTY-TWO HUNDRED THIRTY-EIGHT-A OF THE PUBLIC
AUTHORITIES LAW, IT SHALL EQUAL THE AMOUNT ATTRIBUTABLE TO A TWO PERCENT
RATE OF TAXATION, LESS SUCH AMOUNTS AS THE COMMISSIONER OF TAXATION AND
FINANCE MAY DETERMINE TO BE NECESSARY FOR REFUNDS. SUCH SALES AND
COMPENSATING USE TAX REVENUES SHALL BE SEPARATE AND DISTINCT FROM THE
SALES AND COMPENSATING USE TAX REVENUES DEPOSITED FROM TIME TO TIME IN
S. 2605--B 76 A. 3005--B
THE LOCAL GOVERNMENT ASSISTANCE TAX FUND, PURSUANT TO SECTION
NINETY-TWO-R OF THIS CHAPTER.
3. ON OR BEFORE THE TWELFTH DAY OF EACH MONTH, THE COMMISSIONER OF
TAXATION AND FINANCE SHALL CERTIFY TO THE STATE COMPTROLLER THE AMOUNTS
SPECIFIED IN SUBDIVISION TWO OF THIS SECTION RELATING TO THE PRECEDING
MONTH AND, IN ADDITION, NO LATER THAN MARCH THIRTY-FIRST OF EACH FISCAL
YEAR THE COMMISSIONER OF TAXATION AND FINANCE SHALL CERTIFY SUCH AMOUNTS
RELATING TO THE LAST MONTH OF SUCH FISCAL YEAR. THE AMOUNTS SO CERTIFIED
SHALL BE DEPOSITED BY THE STATE COMPTROLLER IN THE SALES TAX REVENUE
BOND TAX FUND.
4. MONEYS IN THE SALES TAX REVENUE BOND TAX FUND SHALL BE KEPT SEPA-
RATE AND SHALL NOT BE COMMINGLED WITH ANY OTHER MONEYS IN THE CUSTODY OF
THE STATE COMPTROLLER AND THE COMMISSIONER OF TAXATION AND FINANCE. ALL
DEPOSITS OF SUCH REVENUES SHALL, IF REQUIRED BY THE STATE COMPTROLLER,
BE SECURED BY OBLIGATIONS OF THE UNITED STATES OR OF THE STATE HAVING A
MARKET VALUE EQUAL AT ALL TIMES TO THE AMOUNT OF SUCH DEPOSITS AND ALL
BANKS AND TRUST COMPANIES ARE AUTHORIZED TO GIVE SECURITY FOR SUCH
DEPOSITS. ANY SUCH MONEYS IN SUCH FUND MAY, IN THE DISCRETION OF THE
STATE COMPTROLLER, BE INVESTED IN OBLIGATIONS IN WHICH THE STATE COMP-
TROLLER IS AUTHORIZED TO INVEST PURSUANT TO SECTION NINETY-EIGHT-A OF
THIS ARTICLE.
5. (A) THE STATE COMPTROLLER SHALL FROM TIME TO TIME, BUT IN NO EVENT
LATER THAN THE FIFTEENTH DAY OF EACH MONTH (OTHER THAN THE LAST MONTH
OF THE FISCAL YEAR) AND NO LATER THAN THE THIRTY-FIRST DAY OF THE LAST
MONTH OF EACH FISCAL YEAR, PAY OVER AND DISTRIBUTE TO THE CREDIT OF THE
GENERAL FUND OF THE STATE TREASURY ALL MONEYS IN THE SALES TAX REVENUE
BOND TAX FUND, IF ANY, IN EXCESS OF THE AGGREGATE AMOUNT REQUIRED TO BE
SET ASIDE FOR THE PAYMENT OF CASH REQUIREMENTS PURSUANT TO PARAGRAPH (B)
OF THIS SUBDIVISION, PROVIDED THAT AN APPROPRIATION HAS BEEN MADE TO PAY
ALL AMOUNTS SPECIFIED IN ANY CERTIFICATE OR CERTIFICATES DELIVERED BY
THE DIRECTOR OF THE BUDGET PURSUANT TO PARAGRAPH (B) OF THIS SUBDIVISION
AS BEING REQUIRED BY ANY AUTHORIZED ISSUER AS SUCH TERM IS DEFINED IN
SECTION SIXTY-NINE-M OF THIS CHAPTER FOR THE PAYMENT OF CASH REQUIRE-
MENTS OF SUCH AUTHORIZED ISSUERS FOR SUCH FISCAL YEAR. SUBJECT TO THE
RIGHTS OF HOLDERS OF DEBT OF THE STATE, IN NO EVENT SHALL THE STATE
COMPTROLLER PAY OVER AND DISTRIBUTE ANY MONEYS ON DEPOSIT IN THE SALES
TAX REVENUE BOND TAX FUND TO ANY PERSON OTHER THAN AN AUTHORIZED ISSUER
PURSUANT TO SUCH CERTIFICATE OR CERTIFICATES (I) UNLESS AND UNTIL THE
AGGREGATE OF ALL CASH REQUIREMENTS CERTIFIED TO THE STATE COMPTROLLER AS
REQUIRED BY SUCH AUTHORIZED ISSUERS TO BE SET ASIDE PURSUANT TO PARA-
GRAPH (B) OF THIS SUBDIVISION FOR SUCH FISCAL YEAR SHALL HAVE BEEN
APPROPRIATED TO SUCH AUTHORIZED ISSUERS IN ACCORDANCE WITH THE SCHEDULE
SPECIFIED IN THE CERTIFICATE OR CERTIFICATES FILED BY THE DIRECTOR OF
THE BUDGET OR (II) IF, AFTER HAVING BEEN SO CERTIFIED AND APPROPRIATED,
ANY PAYMENT REQUIRED TO BE MADE PURSUANT TO PARAGRAPH (B) OF THIS SUBDI-
VISION HAS NOT BEEN MADE TO THE AUTHORIZED ISSUERS PURSUANT TO SUCH
CERTIFICATE OR CERTIFICATES; PROVIDED, HOWEVER, THAT NO PERSON, INCLUD-
ING SUCH AUTHORIZED ISSUERS OR THE HOLDERS OF REVENUE BONDS, SHALL HAVE
ANY LIEN ON MONEYS ON DEPOSIT IN THE SALES TAX REVENUE BOND TAX FUND.
ANY AGREEMENT ENTERED INTO PURSUANT TO SECTION SIXTY-NINE-O OF THIS
CHAPTER RELATED TO ANY PAYMENT AUTHORIZED BY THIS SECTION SHALL BE
EXECUTORY ONLY TO THE EXTENT OF SUCH REVENUES AVAILABLE TO THE STATE IN
SUCH FUND. NOTWITHSTANDING SUBDIVISIONS TWO AND THREE OF THIS SECTION,
IN THE EVENT THE AGGREGATE OF ALL CASH REQUIREMENTS CERTIFIED TO THE
STATE COMPTROLLER AS REQUIRED BY SUCH AUTHORIZED ISSUERS TO BE SET ASIDE
PURSUANT TO PARAGRAPH (B) OF THIS SUBDIVISION FOR THE FISCAL YEAR BEGIN-
S. 2605--B 77 A. 3005--B
NING ON APRIL FIRST SHALL NOT HAVE BEEN APPROPRIATED TO SUCH AUTHORIZED
ISSUERS IN ACCORDANCE WITH THE SCHEDULE SPECIFIED IN THE CERTIFICATE OR
CERTIFICATES FILED BY THE DIRECTOR OF THE BUDGET OR, IF, HAVING BEEN SO
CERTIFIED AND APPROPRIATED, ANY PAYMENT REQUIRED TO BE MADE PURSUANT TO
PARAGRAPH (B) OF THIS SUBDIVISION HAS NOT BEEN MADE PURSUANT TO SUCH
CERTIFICATE OR CERTIFICATES, ALL RECEIPTS COLLECTED AND DEPOSITED IN THE
SALES TAX REVENUE BOND TAX FUND SHALL REMAIN IN SUCH FUND. NOTWITHSTAND-
ING ANY OTHER PROVISION OF LAW, IF THE STATE HAS APPROPRIATED AND PAID
TO THE AUTHORIZED ISSUERS ALL AMOUNTS NECESSARY FOR THE AUTHORIZED
ISSUERS TO MEET THEIR CASH REQUIREMENTS FOR THE CURRENT FISCAL YEAR
PURSUANT TO THE CERTIFICATE OR CERTIFICATES SUBMITTED BY THE DIRECTOR OF
THE BUDGET PURSUANT TO PARAGRAPH (B) OF THIS SECTION, THE STATE COMP-
TROLLER SHALL, ON THE LAST DAY OF EACH FISCAL YEAR, PAY TO THE GENERAL
FUND OF THE STATE ALL SUMS REMAINING IN THE SALES TAX REVENUE BOND TAX
FUND ON SUCH DATE EXCEPT SUCH AMOUNTS AS THE DIRECTOR OF THE BUDGET MAY
CERTIFY ARE NEEDED TO MEET THE CASH REQUIREMENTS OF AUTHORIZED ISSUERS
DURING THE SUBSEQUENT FISCAL YEAR.
(B) NO LATER THAN THIRTY DAYS AFTER THE SUBMISSION OF THE EXECUTIVE
BUDGET IN ACCORDANCE WITH ARTICLE SEVEN OF THE CONSTITUTION, THE DIREC-
TOR OF THE BUDGET SHALL PREPARE A CERTIFICATE OF THE AMOUNT OF MONTHLY
RECEIPTS ANTICIPATED TO BE DEPOSITED PURSUANT TO SUBDIVISION TWO OF THIS
SECTION DURING THE FISCAL YEAR BEGINNING APRIL FIRST OF THAT YEAR
TOGETHER WITH THE MONTHLY AMOUNTS NECESSARY TO BE SET ASIDE FROM THE
RECEIPTS OF SUCH FUND, AS SHALL BE SUFFICIENT TO MEET THE TOTAL CASH
REQUIREMENTS OF AUTHORIZED ISSUERS, AS DEFINED BY SECTION SIXTY-NINE-M
OF THIS CHAPTER DURING SUCH FISCAL YEAR, BASED ON INFORMATION THAT SHALL
BE PROVIDED BY SUCH AUTHORIZED ISSUERS, CONSISTENT WITH THE TERMS OF ANY
CONTRACT WITH OUTSTANDING BONDHOLDERS. EXCEPT FOR THE PURPOSE OF MEETING
CASH REQUIREMENTS OF AN AUTHORIZED ISSUER THAT ARE DUE ON A MONTHLY OR
MORE FREQUENT BASIS, PRIOR TO TRANSFERRING ANY MONEYS FROM THE ACCOUNT
PURSUANT TO PARAGRAPH (A) OF THIS SUBDIVISION, THE COMPTROLLER SHALL SET
ASIDE ON A MONTHLY BASIS ALL REVENUES DEPOSITED PURSUANT TO THIS SUBDI-
VISION AS RECEIVED UNTIL THE AMOUNT SET ASIDE IS EQUAL TO ONE-FIFTH OF
THE INTEREST DUE ON SUCH OBLIGATIONS ON THE NEXT SUCCEEDING INTEREST
PAYMENT DATE MULTIPLIED BY THE NUMBER OF MONTHS FROM THE LAST SUCH
PAYMENT AND ONE-ELEVENTH OF THE NEXT PRINCIPAL INSTALLMENT DUE ON SUCH
OBLIGATIONS MULTIPLIED BY THE NUMBER OF MONTHS FROM THE LAST SUCH PRIN-
CIPAL INSTALLMENT WHERE PRINCIPAL IS DUE ON AN ANNUAL BASIS OR ONE-FIFTH
OF THE NEXT PRINCIPAL INSTALLMENT DUE ON SUCH OBLIGATIONS MULTIPLIED BY
THE NUMBER OF MONTHS FROM THE LAST SUCH PRINCIPAL INSTALLMENT WHERE
PRINCIPAL IS DUE ON A SEMIANNUAL BASIS. FOR THE PURPOSE OF MEETING CASH
REQUIREMENTS OF AN AUTHORIZED ISSUER THAT ARE DUE ON A MONTHLY BASIS OR
MORE FREQUENTLY, THE COMPTROLLER SHALL SET ASIDE ALL REVENUES DEPOSITED
PURSUANT TO SUBDIVISION TWO OF THIS SECTION AS RECEIVED UNTIL THE AMOUNT
SO SET ASIDE IS, IN THE REASONABLE JUDGMENT OF THE DIRECTOR OF THE BUDG-
ET AS SET FORTH IN SUCH CERTIFICATE, SUFFICIENT TO MAKE THE REQUIRED
PAYMENT ON OR BEFORE SUCH PAYMENT DATE. NOTWITHSTANDING SUBDIVISION
THREE OF, SECTION SEVENTY-TWO OF THIS ARTICLE OR ANY OTHER PROVISION OF
LAW, ALL MONEYS SET ASIDE IN THE SALES TAX REVENUE BOND TAX FUND TO MEET
THE ANNUAL CASH REQUIREMENTS OF AUTHORIZED ISSUERS PURSUANT TO A CERTIF-
ICATE OR CERTIFICATES AS REQUIRED IN THIS PARAGRAPH SHALL REMAIN IN THE
SALES TAX REVENUE BOND TAX FUND UNTIL NEEDED FOR PAYMENT TO AUTHORIZED
ISSUERS, AS PROVIDED IN THIS SECTION. IN THE EVENT THAT THE AMOUNT SET
ASIDE BY THE STATE COMPTROLLER PURSUANT TO THIS PARAGRAPH IS NOT SUFFI-
CIENT TO MEET THE CASH REQUIREMENTS REQUIRED PURSUANT TO A CERTIFICATE
OR CERTIFICATES SUBMITTED BY THE DIRECTOR OF THE BUDGET, THE STATE COMP-
S. 2605--B 78 A. 3005--B
TROLLER SHALL IMMEDIATELY TRANSFER FROM THE GENERAL FUND TO THE SALES
TAX REVENUE BOND TAX FUND AN AMOUNT WHICH, WHEN COMBINED WITH THE AMOUNT
SET ASIDE PURSUANT TO THIS PARAGRAPH, SHALL BE SUFFICIENT TO MEET THE
PAYMENT REQUIRED PURSUANT TO SUCH CERTIFICATE OR CERTIFICATES. THE
DIRECTOR OF THE BUDGET MAY REVISE SUCH CERTIFICATION AT SUCH TIMES AS
SHALL BE NECESSARY, PROVIDED, HOWEVER, THAT THE DIRECTOR OF THE BUDGET
SHALL, AS NECESSARY, REVISE SUCH CERTIFICATION NOT LATER THAN THIRTY
DAYS AFTER THE ISSUANCE OF ANY REVENUE BONDS, INCLUDING REFUNDING BONDS,
AND AFTER THE ADOPTION OF ANY INTEREST RATE EXCHANGE OR OTHER FINANCIAL
ARRANGEMENT AFFECTING THE CASH REQUIREMENTS OF THE AUTHORIZED ISSUERS.
IN NO EVENT SHALL THE STATE COMPTROLLER BE HELD LIABLE FOR THE FAILURE
TO SET ASIDE AN AMOUNT SUFFICIENT TO PAY ANY REQUIRED PAYMENT OF AN
AUTHORIZED ISSUER.
6. ALL PAYMENTS OF MONEYS FROM THE REVENUE BOND TAX FUND SHALL BE MADE
ON THE AUDIT AND WARRANT OF THE STATE COMPTROLLER.
S 57. Section 1148 of the tax law, as amended by chapter 3 of the laws
of 2004, is amended to read as follows:
S 1148. Deposit and disposition of revenue. All taxes, interest and
penalties collected or received by the commissioner under this article
shall be deposited and disposed of pursuant to the provisions of section
one hundred seventy-one-a of this chapter; provided however, the comp-
troller shall on or before the twelfth day of each month, pay all such
taxes, interest and penalties collected under this article and remaining
to the comptroller's credit in such banks, banking houses or trust
companies at the close of business on the last day of the preceding
month, into the general fund of the state treasury, except as otherwise
provided in sections ninety-two-d, NINETY-TWO-H, and ninety-two-r of the
state finance law and sections eleven hundred two, eleven hundred four
and eleven hundred nine of this article.
S 58. The state finance law is amended by adding a new article 5-F to
read as follows:
ARTICLE 5-F
SALES TAX REVENUE BOND FINANCING PROGRAM
SECTION 69-M. DEFINITIONS.
69-N. ISSUANCE OF BONDS AND NOTES.
69-O. PAYMENTS TO AUTHORIZED ISSUERS.
S 69-M. DEFINITIONS. 1. "AUTHORIZED ISSUER" SHALL MEAN THE DORMITORY
AUTHORITY OF THE STATE OF NEW YORK, THE NEW YORK STATE URBAN DEVELOPMENT
CORPORATION, THE NEW YORK STATE THRUWAY AUTHORITY, AND ANY SUCCESSORS
THERETO.
2. "AUTHORIZED PURPOSE" FOR PURPOSES OF THIS ARTICLE AND SECTION NINE-
TY-TWO-H OF THIS CHAPTER SHALL MEAN ANY PURPOSES FOR WHICH STATE-SUP-
PORTED DEBT, AS DEFINED BY SECTION SIXTY-SEVEN-A OF THIS CHAPTER, MAY OR
HAS BEEN ISSUED, EXCEPT DEBT FOR WHICH THE STATE IS CONSTITUTIONALLY
OBLIGATED THEREUNDER TO PAY DEBT SERVICE AND RELATED EXPENSES.
3. "REVENUE BONDS" FOR THE PURPOSES OF THIS ARTICLE AND SECTION NINE-
TY-TWO-H OF THIS CHAPTER SHALL MEAN ANY BONDS, NOTES OR OBLIGATIONS
ISSUED OR INCURRED PURSUANT TO SECTION SIXTY-NINE-N OF THIS ARTICLE.
S 69-N. ISSUANCE OF BONDS AND NOTES. 1. (A) AUTHORIZED ISSUERS SHALL
HAVE THE POWER AND ARE HEREBY AUTHORIZED FROM TIME TO TIME TO ISSUE
REVENUE BONDS, IN SUCH PRINCIPAL AMOUNT OR AMOUNTS, SUBJECT TO SUBDIVI-
SION EIGHT OF THIS SECTION AND AS THE DIRECTOR OF THE BUDGET SHALL
DETERMINE TO BE NECESSARY, TO PROVIDE SUFFICIENT FUNDS FOR AUTHORIZED
PURPOSES, THE ESTABLISHMENT OF RESERVES TO SECURE SUCH REVENUE BONDS,
THE PAYMENT OF AMOUNTS REQUIRED UNDER REVENUE BONDS OR AGREEMENTS RELAT-
S. 2605--B 79 A. 3005--B
ING THERETO, AND THE PAYMENT OF ALL COSTS OF ISSUANCE OF THEIR REVENUE
BONDS.
(B) THE AUTHORIZED ISSUERS SHALL HAVE THE POWER AND ARE HEREBY AUTHOR-
IZED FROM TIME TO TIME TO ISSUE (I) REVENUE BONDS TO RENEW NOTES, (II)
REVENUE BONDS TO PAY NOTES, AND (III) WHENEVER IT DEEMS REFUNDING EXPE-
DIENT, TO REFUND ANY BONDS, NOTES OR OTHER OBLIGATIONS ISSUED FOR AN
AUTHORIZED PURPOSE OR PURPOSES, INCLUDING BONDS, NOTES OR OTHER OBLI-
GATIONS THAT WERE ISSUED PRIOR TO THE EFFECTIVE DATE OF THIS ARTICLE, BY
THE ISSUANCE OF NEW REVENUE BONDS, WHETHER THE BONDS, NOTES, OR OTHER
OBLIGATIONS TO BE REFUNDED HAVE OR HAVE NOT MATURED, AND TO ISSUE REVEN-
UE BONDS IN PART TO REFUND BONDS, NOTES, OR OTHER OBLIGATIONS THEN
OUTSTANDING AND IN PART FOR ANY OF ITS OTHER AUTHORIZED PURPOSES. THE
REFUNDING REVENUE BONDS MAY BE EXCHANGED FOR BONDS, NOTES, OR OTHER
OBLIGATIONS TO BE REFUNDED, OR SOLD AND THE PROCEEDS APPLIED TO THE
PURCHASE, REDEMPTION OR PAYMENT OF SUCH BONDS, NOTES, OR OTHER OBLI-
GATIONS.
(C) EXCEPT AS MAY OTHERWISE BE EXPRESSLY PROVIDED BY AN AUTHORIZED
ISSUER, EVERY ISSUE OF REVENUE BONDS OF AN AUTHORIZED ISSUER PURSUANT TO
THIS SECTION SHALL BE SPECIAL OBLIGATIONS OF THE AUTHORIZED ISSUER PAYA-
BLE SOLELY OUT OF ANY REVENUES PAID OVER TO SUCH AUTHORIZED ISSUER FROM
THE SALES TAX REVENUE BOND TAX FUND, ESTABLISHED PURSUANT TO SECTION
NINETY-TWO-H OF THIS CHAPTER.
(D) ALL OF THE PROVISIONS OF THE ENABLING ACTS OF THE AUTHORIZED
ISSUERS RELATING TO BONDS AND NOTES, WHICH ARE NOT INCONSISTENT WITH THE
PROVISIONS OF THIS SECTION, MAY, AT THE DISCRETION OF THE AUTHORIZED
ISSUER, APPLY TO REVENUE BONDS AUTHORIZED BY THIS SECTION.
(E) THE REVENUE BONDS OF THE AUTHORIZED ISSUERS AUTHORIZED BY THIS
SECTION SHALL NOT BE A DEBT OF THE STATE AND THE STATE SHALL NOT BE
LIABLE THEREON, NOR SHALL THEY BE PAYABLE OUT OF ANY FUNDS OTHER THAN
THOSE OF THE AUTHORIZED ISSUERS PLEDGED THEREFOR; AND SUCH REVENUE BONDS
SHALL CONTAIN ON THE FACE THEREOF A STATEMENT TO SUCH EFFECT. IN ADDI-
TION, ANY AGREEMENTS ENTERED INTO BY ANY ENTITY PURSUANT TO SECTIONS
SIXTY-NINE-O AND NINETY-TWO-H OF THIS CHAPTER ON BEHALF OF THE STATE TO
EFFECT THE IMPLEMENTATION OF ANY OF THE ACTIVITIES FINANCED IN WHOLE OR
IN PART WITH PROCEEDS OF THE REVENUE BONDS OF THE AUTHORIZED ISSUERS,
AUTHORIZED IN THIS SECTION DO NOT CONSTITUTE OR CREATE A DEBT OF THE
STATE, NOR A CONTRACTUAL OBLIGATION IN EXCESS OF THE AMOUNTS APPROPRI-
ATED THEREFOR, AND THE STATE HAS NO CONTINUING LEGAL OR MORAL OBLIGATION
TO APPROPRIATE MONEY FOR PAYMENTS DUE UNDER ANY SUCH AGREEMENT.
(F) (I) REVENUE BONDS SHALL BE AUTHORIZED BY RESOLUTION OF THE AUTHOR-
IZED ISSUERS, BE IN SUCH DENOMINATIONS, BEAR SUCH DATE OR DATES AND
MATURE AT SUCH TIME OR TIMES, AS SUCH RESOLUTION OR OTHER AGREEMENT MAY
PROVIDE.
(II) REVENUE BONDS SHALL BE SUBJECT TO SUCH TERMS OF REDEMPTION, BEAR
INTEREST AT SUCH RATE OR RATES, BE PAYABLE AT SUCH TIMES, BE IN SUCH
FORM, EITHER COUPON, REGISTERED OR BOOK ENTRY FORM, CARRY SUCH REGISTRA-
TION PRIVILEGES, BE EXECUTED IN SUCH MANNER, BE PAYABLE IN SUCH MEDIUM
OF PAYMENT AT SUCH PLACE OR PLACES, AND BE SUBJECT TO SUCH TERMS AND
CONDITIONS AS SUCH RESOLUTION MAY PROVIDE.
(G) REVENUE BONDS AUTHORIZED HEREUNDER SHALL BE SOLD BY AUTHORIZED
ISSUERS, AT PUBLIC OR PRIVATE SALE, AT SUCH PRICE OR PRICES AS THE
AUTHORIZED ISSUERS MAY DETERMINE. REVENUE BONDS OF THE AUTHORIZED
ISSUERS SHALL NOT BE SOLD BY THE AUTHORIZED ISSUERS AT PRIVATE SALES
UNLESS SUCH SALE AND THE TERMS THEREOF HAVE BEEN APPROVED BY THE STATE
COMPTROLLER.
S. 2605--B 80 A. 3005--B
2. CONSISTENT WITH THE PROVISIONS OF THIS ARTICLE, AND SUBJECT TO THE
APPROVAL OF THE DIRECTOR OF THE BUDGET, ANY RESOLUTION OR OTHER AGREE-
MENT AUTHORIZING REVENUE BONDS OR ANY ISSUE THEREOF MAY CONTAIN
PROVISIONS, WHICH SHALL BE A PART OF THE CONTRACT WITH THE HOLDERS THER-
EOF, AS TO:
(A) PLEDGING ALL OR ANY PART OF THE REVENUES RECEIVED BY THE AUTHOR-
IZED ISSUERS PURSUANT TO SECTION SIXTY-NINE-O OF THIS ARTICLE TO SECURE
THE PAYMENT OF THE BONDS OR NOTES OR OF ANY ISSUE THEREOF, SUBJECT TO
SUCH AGREEMENTS WITH HOLDERS OF REVENUE BONDS AS MAY THEN EXIST;
(B) PLEDGING ALL OR ANY PART OF THE ASSETS OF THE AUTHORIZED ISSUERS
TO SECURE THE PAYMENT OF THE REVENUE BONDS OR OF ANY ISSUE OF REVENUE
BONDS SUBJECT TO SUCH AGREEMENTS WITH HOLDERS OF REVENUE BONDS AS MAY
THEN EXIST;
(C) THE SETTING ASIDE OF RESERVES OR SINKING FUNDS AND THE REGULATION
AND DISPOSITION THEREOF;
(D) LIMITATIONS ON THE PURPOSES TO WHICH THE PROCEEDS OF SALE OF
REVENUE BONDS, MAY BE APPLIED AND PLEDGING SUCH PROCEEDS TO SECURE THE
PAYMENT OF THE REVENUE BONDS OR OF ANY ISSUE THEREOF;
(E) LIMITATIONS ON THE ISSUANCE OF ADDITIONAL REVENUE BONDS, THE TERMS
UPON WHICH ADDITIONAL REVENUE BONDS MAY BE ISSUED AND SECURED AND THE
REFUNDING OF OUTSTANDING OR OTHER REVENUE BONDS;
(F) THE PROCEDURE, IF ANY, BY WHICH THE TERMS OF ANY CONTRACT WITH
HOLDERS OF REVENUE BONDS MAY BE AMENDED OR ABROGATED, THE AMOUNT OF
REVENUE BONDS THE HOLDERS OF WHICH MUST CONSENT THERETO AND THE MANNER
IN WHICH SUCH CONSENT MAY BE GIVEN;
(G) VESTING IN A TRUSTEE, AS DESCRIBED IN SUBDIVISION SIX OF THIS
SECTION, SUCH PROPERTY, RIGHTS, POWERS AND DUTIES IN TRUST AS THE
AUTHORIZED ISSUERS MAY DETERMINE, WHICH MAY INCLUDE ANY OR ALL OF THE
RIGHTS, POWERS AND DUTIES OF THE TRUSTEE APPOINTED BY THE HOLDERS OF
REVENUE BONDS OF THE RESPECTIVE AUTHORIZED ISSUERS PURSUANT TO THIS
ARTICLE, AND LIMITING OR ABROGATING THE RIGHT OF SUCH REVENUE BOND HOLD-
ERS TO APPOINT A TRUSTEE UNDER THIS TITLE OR LIMITING THE RIGHTS,
POWERS, AND DUTIES OF SUCH TRUSTEE;
(H) THE ACTS OR OMISSIONS TO ACT WHICH SHALL CONSTITUTE A DEFAULT IN
THE OBLIGATIONS AND DUTIES OF THE AUTHORIZED ISSUERS TO THE HOLDERS OF
THE REVENUE BONDS AND PROVIDING FOR THE RIGHTS AND REMEDIES OF THE HOLD-
ERS OF THE REVENUE BONDS IN EVENT OF SUCH DEFAULT, INCLUDING THE RIGHT
TO APPOINTMENT OF A RECEIVER; PROVIDED, HOWEVER, THAT SUCH RIGHTS AND
REMEDIES SHALL NOT BE INCONSISTENT WITH THE OTHER PROVISIONS OF THIS
ARTICLE;
(I) ANY OTHER MATTERS, OF LIKE OR DIFFERENT CHARACTER, WHICH IN ANY
WAY AFFECT THE SECURITY OR PROTECTION OF THE HOLDERS OF THE REVENUE
BONDS; AND
(J) THE APPLICATION OF ANY OF THE FOREGOING PROVISIONS TO ANY PROVIDER
OF ANY APPLICABLE BOND, NOTE OR OTHER FINANCIAL FACILITY.
NOTWITHSTANDING THE FOREGOING, THE AUTHORIZED ISSUERS SHALL NOT BE
AUTHORIZED TO MAKE ANY COVENANT, PLEDGE, PROMISE, OR AGREEMENT PURPORT-
ING TO BIND THE STATE EXCEPT AS OTHERWISE SPECIFICALLY AUTHORIZED BY
THIS ARTICLE.
3. ANY PLEDGE MADE BY THE RESPECTIVE AUTHORIZED ISSUERS SHALL BE VALID
AND BINDING FROM THE TIME WHEN THE PLEDGE IS MADE. THE REVENUES OR PROP-
ERTY SO PLEDGED AND THEREAFTER RECEIVED BY THE RESPECTIVE AUTHORIZED
ISSUERS SHALL IMMEDIATELY BE SUBJECT TO THE LIEN OF SUCH PLEDGE WITHOUT
ANY PHYSICAL DELIVERY THEREOF OR FURTHER ACT, AND THE LIEN OF ANY SUCH
PLEDGE SHALL BE VALID AND BINDING AS AGAINST ALL PARTIES HAVING CLAIMS
OF ANY KIND IN TORT, CONTRACT OR OTHERWISE AGAINST THE RESPECTIVE
S. 2605--B 81 A. 3005--B
AUTHORIZED ISSUERS, IRRESPECTIVE OF WHETHER SUCH PARTIES HAVE NOTICE
THEREOF. NEITHER THE RESOLUTION NOR ANY OTHER INSTRUMENT BY WHICH A
PLEDGE IS CREATED NEED BE RECORDED OR FILED TO PROTECT SUCH PLEDGE.
4. NEITHER THE DIRECTORS OR MEMBERS OF THE AUTHORIZED ISSUERS NOR ANY
OTHER PERSON EXECUTING THE REVENUE BONDS OF THE AUTHORIZED ISSUERS SHALL
BE LIABLE PERSONALLY THEREON OR BE SUBJECT TO ANY PERSONAL LIABILITY OR
ACCOUNTABILITY SOLELY BY REASON OF THE ISSUANCE THEREOF.
5. THE AUTHORIZED ISSUERS, SUBJECT TO SUCH AGREEMENTS WITH HOLDERS OF
REVENUE BONDS AS MAY THEN EXIST, OR WITH THE PROVIDERS OF ANY APPLICABLE
BOND OR NOTE OR OTHER FINANCIAL OR AGREEMENT FACILITY, SHALL HAVE POWER
OUT OF ANY FUNDS AVAILABLE THEREFOR TO PURCHASE REVENUE BONDS OF THE
AUTHORIZED ISSUERS, WHICH MAY OR MAY NOT THEREUPON BE CANCELED, AT A
PRICE NOT EXCEEDING:
(A) IF THE REVENUE BONDS ARE THEN REDEEMABLE, THE REDEMPTION PRICE
THEN APPLICABLE, INCLUDING ANY ACCRUED INTEREST;
(B) IF THE REVENUE BONDS ARE NOT THEN REDEEMABLE, THE REDEMPTION PRICE
AND ACCRUED INTEREST APPLICABLE ON THE FIRST DATE AFTER SUCH PURCHASE
UPON WHICH THE REVENUE BONDS BECOME SUBJECT TO REDEMPTION.
6. IN THE DISCRETION OF AUTHORIZED ISSUERS, THE REVENUE BONDS MAY BE
SECURED BY A TRUST INDENTURE BY AND BETWEEN THE AUTHORIZED ISSUERS AND A
CORPORATE TRUSTEE, OR A CORPORATE TRUSTEE MAY BE APPOINTED UNDER THE
RESOLUTION AS PROVIDED IN SUBDIVISION TWO OF THIS SECTION.
7. WHETHER OR NOT THE REVENUE BONDS ARE OF SUCH FORM AND CHARACTER AS
TO BE NEGOTIABLE INSTRUMENTS UNDER THE TERMS OF THE UNIFORM COMMERCIAL
CODE, THE REVENUE BONDS ARE HEREBY MADE NEGOTIABLE INSTRUMENTS WITHIN
THE MEANING OF AND FOR ALL PURPOSES OF THE UNIFORM COMMERCIAL CODE,
SUBJECT ONLY TO THE PROVISIONS OF THE REVENUE BONDS FOR REGISTRATION OR
ANY BOOK-ENTRY-ONLY SYSTEM.
8. REVENUE BONDS MAY ONLY BE ISSUED FOR AUTHORIZED PURPOSES, AS
DEFINED IN SECTION SIXTY-NINE-M OF THIS ARTICLE. NOTWITHSTANDING THE
FOREGOING, ANY AUTHORIZED ISSUER MAY ISSUE REVENUE BONDS FOR ANY AUTHOR-
IZED PURPOSE. THE AUTHORIZED ISSUERS SHALL NOT ISSUE ANY REVENUE BONDS
IN AN AMOUNT IN EXCESS OF STATUTORY AUTHORIZATIONS FOR SUCH AUTHORIZED
PURPOSES. AUTHORIZATIONS FOR SUCH AUTHORIZED PURPOSES SHALL BE REDUCED
IN AN AMOUNT EQUAL TO THE AMOUNT OF REVENUE BONDS ISSUED FOR SUCH
AUTHORIZED PURPOSES UNDER THIS ARTICLE. SUCH REDUCTION SHALL NOT BE MADE
IN RELATION TO REVENUE BONDS ISSUED TO FUND RESERVE FUNDS, IF ANY, AND
COSTS OF ISSUANCE, IF THESE ITEMS ARE NOT COUNTED UNDER EXISTING AUTHOR-
IZATIONS, NOR SHALL REVENUE BONDS ISSUED TO REFUND BONDS ISSUED UNDER
EXISTING AUTHORIZATIONS REDUCE THE AMOUNT OF SUCH AUTHORIZATIONS.
9. EXCEPT UPON THE AMENDMENT OF THE NEW YORK STATE CONSTITUTION ALLOW-
ING THE ISSUANCE OR ASSUMPTION OF BONDS, NOTES OR OTHER OBLIGATIONS
SECURED BY REVENUES, WHICH MAY INCLUDE THE REVENUES SECURING REVENUE
BONDS OF AUTHORIZED ISSUERS, AND THE AFFIRMATIVE ASSUMPTION OF SUCH
BONDS, NOTES OR OTHER OBLIGATIONS BY THE STATE, THE REVENUE BONDS OF THE
AUTHORIZED ISSUERS AUTHORIZED BY THIS SECTION SHALL NOT BE A DEBT OF THE
STATE AND THE STATE SHALL NOT BE LIABLE THEREON, NOR SHALL THEY BE PAYA-
BLE OUT OF ANY FUNDS OTHER THAN THOSE OF THE AUTHORIZED ISSUERS PLEDGED
THEREFOR; AND SUCH REVENUE BONDS SHALL CONTAIN ON THE FACE THEREOF A
STATEMENT TO SUCH EFFECT. IN ADDITION, ANY AGREEMENTS ENTERED INTO BY
ANY ENTITY PURSUANT TO SECTIONS SIXTY-NINE-O AND NINETY-TWO-H OF THIS
CHAPTER ON BEHALF OF THE STATE TO EFFECT THE IMPLEMENTATION OF ANY OF
THE ACTIVITIES FINANCED IN WHOLE OR IN PART WITH PROCEEDS OF THE OBLI-
GATIONS OF THE AUTHORIZED ISSUERS AUTHORIZED IN THIS SECTION DO NOT
CONSTITUTE OR CREATE A DEBT OF THE STATE, NOR A CONTRACTUAL OBLIGATION
IN EXCESS OF THE AMOUNTS APPROPRIATED THEREFOR AND THE STATE HAS NO
S. 2605--B 82 A. 3005--B
CONTINUING LEGAL OR MORAL OBLIGATION TO APPROPRIATE MONEY FOR PAYMENTS
DUE UNDER ANY SUCH AGREEMENT.
10. NOTHING IN THIS ARTICLE SHALL AFFECT THE AUTHORITY OF EACH OF THE
AUTHORIZED ISSUERS TO ISSUE OR INCUR INDEBTEDNESS FOR ANY PURPOSES
OTHERWISE AUTHORIZED BY LAW AND NOTHING IN THIS ARTICLE SHALL BE DEEMED
TO ALTER OR AFFECT THE RIGHTS OF OUTSTANDING BONDHOLDERS OR NOTEHOLDERS
OF ANY AUTHORIZED ISSUER.
11. THE AUTHORIZATION, SALE AND ISSUANCE OF REVENUE BONDS PURSUANT TO
THIS SECTION SHALL NOT BE DEEMED AN ACTION AS SUCH TERM IS DEFINED IN
ARTICLE EIGHT OF THE ENVIRONMENTAL CONSERVATION LAW FOR THE PURPOSES OF
SUCH ARTICLE. SUCH EXEMPTION SHALL BE STRICTLY LIMITED IN ITS APPLICA-
TION TO SUCH FINANCING ACTIVITIES OF THE AUTHORIZED ISSUERS HEREUNDER
AND DOES NOT EXEMPT ANY OTHER ENTITY FROM COMPLIANCE WITH SUCH ARTICLE.
S 69-O. PAYMENTS TO AUTHORIZED ISSUERS. 1. THE STATE, ACTING THROUGH
THE DIRECTOR OF THE BUDGET, AND AUTHORIZED ISSUERS MAY ENTER INTO,
AMEND, MODIFY OR RESCIND ONE OR MORE FINANCING AGREEMENTS PROVIDING FOR
THE SPECIFIC MANNER, TIMING, AND AMOUNT OF PAYMENTS TO BE MADE UNDER
THIS SECTION, BUT ONLY IN CONFORMITY WITH THIS SECTION.
2. NO LATER THAN OCTOBER FIRST OF EACH YEAR, THE AUTHORITY ISSUERS
SHALL CERTIFY TO THE DIRECTOR OF THE BUDGET THE ANTICIPATED CASH
REQUIREMENTS RELATED TO REVENUE BONDS DURING THE SUBSEQUENT STATE FISCAL
YEAR IN SUCH DETAIL AS THE DIRECTOR MAY REQUIRE.
3. UPON RECEIPT OF A VOUCHER FROM ANY AUTHORIZED ISSUER REQUESTING
PAYMENT FOR SUCH AMOUNT OR AMOUNTS CERTIFIED BY THE DIRECTOR OF THE
BUDGET PURSUANT TO PARAGRAPH (A) OF SUBDIVISION FIVE OF SECTION NINETY-
TWO-H OF THIS CHAPTER, THE STATE COMPTROLLER SHALL PAY SUCH AMOUNT OR
AMOUNTS TO BE AUTHORIZED ISSUER FROM APPROPRIATIONS FOR SUCH PURPOSE.
4. THE AGREEMENT OF THE STATE CONTAINED IN THIS SECTION SHALL BE
DEEMED EXECUTORY ONLY TO THE EXTENT OF APPROPRIATIONS AVAILABLE FOR
PAYMENTS UNDER THIS SECTION, AND NO LIABILITY ON ACCOUNT OF ANY SUCH
PAYMENT SHALL BE INCURRED BY THE STATE BEYOND SUCH APPROPRIATIONS.
5. NOTHING CONTAINED IN THIS ARTICLE SHALL BE DEEMED TO RESTRICT THE
RIGHT OF THE STATE TO AMEND, REPEAL, MODIFY OR OTHERWISE ALTER STATUTES
IMPOSING OR RELATING TO THE TAXES IMPOSED PURSUANT TO SECTION ELEVEN
HUNDRED FIVE AND SECTION ELEVEN HUNDRED TEN OF THE TAX LAW. THE AUTHOR-
IZED ISSUERS SHALL NOT INCLUDE WITHIN ANY RESOLUTION, CONTRACT OR AGREE-
MENT WITH HOLDERS OF THE REVENUE BONDS ISSUED UNDER THIS ARTICLE ANY
PROVISION WHICH PROVIDES THAT A DEFAULT OCCURS AS A RESULT OF THE STATE
EXERCISING ITS RIGHT TO AMEND, REPEAL, MODIFY OR OTHERWISE ALTER THE
TAXES IMPOSED PURSUANT TO SECTION ELEVEN HUNDRED FIVE AND SECTION ELEVEN
HUNDRED TEN OF THE TAX LAW.
6. ANY RESOLUTION OR OTHER AGREEMENT AUTHORIZING REVENUE BONDS UNDER
THIS ARTICLE SHALL RESERVE THE RIGHT OF THE STATE, UPON AMENDMENT OF THE
NEW YORK STATE CONSTITUTION ALLOWING THE ISSUANCE OR ASSUMPTION OF
BONDS, NOTES OR OTHER OBLIGATIONS SECURED BY REVENUES, WHICH MAY INCLUDE
THE REVENUES SECURING REVENUE BONDS OF AUTHORIZED ISSUERS (A) TO ASSUME,
IN WHOLE OR IN PART, REVENUE BONDS OF THE AUTHORIZED ISSUERS, (B) TO
EXTINGUISH THE EXISTING LIEN OF SUCH RESOLUTION, OR OTHER AGREEMENT AND
(C) TO SUBSTITUTE SECURITY FOR THE REVENUE BONDS OF THE AUTHORIZED
ISSUERS, IN EACH CASE ONLY SO LONG AS SUCH ASSUMPTION, EXTINGUISHMENT OR
SUBSTITUTION IS DONE IN ACCORDANCE WITH SUCH RESOLUTION OR OTHER AGREE-
MENT.
S 59. Subdivision 8 of section 97-f of the state finance law, as added
by section 56-b of part PP of chapter 56 of the laws of 2009, is amended
to read as follows:
S. 2605--B 83 A. 3005--B
8. In addition to the amounts required to be maintained on deposit in
the mental health services fund pursuant to subdivision five of this
section, the fund shall maintain on deposit an amount equal to the debt
service and other cash requirements on mental health services facilities
bonds issued by [the dormitory authority] AUTHORIZED ISSUERS pursuant to
[section] SECTIONS sixty-eight-b AND SIXTY-NINE-N of this chapter. The
amount required to be maintained in such fund shall be (i) twenty
percent of the amount of the next payment coming due relating to mental
health services facilities bonds issued by an authorized issuer multi-
plied by the number of months from the date of the last such payment
with respect to payments required to be made semi-annually, plus (ii)
those amounts specified in any financing agreement between the issuer
and the state, acting through the director of the budget, with respect
to payments required to be made other than semi-annually, including for
variable rate bonds, interest rate exchange or similar agreements or
other financing arrangements permitted by law. Prior to making any such
payment, the comptroller shall make and deliver to the director of the
budget and the chairmen of the facilities development corporation and
the New York state medical care facilities finance agency, a certificate
stating the aggregate amount to be maintained on deposit in the mental
health services fund to comply in full with the provisions of this
subdivision.
No later than five days prior to the payment to be made by the state
comptroller on such mental health services facilities bonds pursuant to
[section] SECTIONS ninety-two-z AND NINETY-TWO-H of this article, the
amount of such payment shall be transferred by the state comptroller
from the mental health services fund to the revenue bond tax fund estab-
lished by section ninety-two-z of this article. The accumulation of
moneys pursuant to this subdivision and subsequent transfer to the
revenue bond tax fund shall be subordinate in all respects to payments
to be made to the New York state medical care facilities finance agency
and to any pledge or assignment pursuant to subdivision six of this
section.
S 60. Paragraph a of subdivision 5 of section 89-b of the state
finance law, as amended by section 1 of part B of chapter 84 of the laws
of 2002, 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
S. 2605--B 84 A. 3005--B
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 and fringe benefit costs of the
department of transportation for bus safety inspection activities; costs
of the department of motor vehicles, including but not limited to
personal and nonpersonal services; costs of engineering and administra-
tive 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
estimates; 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-
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-
S. 2605--B 85 A. 3005--B
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 [payments]
TRANSFERS to the general debt service fund AND THE REVENUE BOND TAX FUND
of amounts equal to [amounts] THAT RESPECTIVELY required for service
contract AND FINANCING AGREEMENT payments as provided and authorized by
section three hundred eighty of the public authorities law [and by],
section eleven of chapter three hundred twenty-nine of the laws of nine-
teen hundred ninety-one, as amended, AND SECTIONS SIXTY-EIGHT-C AND
SIXTY-NINE-O OF THIS CHAPTER.
S 60-a. Paragraph a of subdivision 5 of section 89-b of the state
finance law, as amended by section 1 of part D of chapter 151 of the
laws of 2001, 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 and fringe benefit costs of the
department of transportation for bus safety inspection activities; costs
of engineering and administrative services of the department of trans-
portation, 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-
S. 2605--B 86 A. 3005--B
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 [payments] TRANSFERS to the general debt service fund
AND THE REVENUE BOND TAX FUND of amounts equal to [amounts] THAT RESPEC-
TIVELY required for service contract AND FINANCING AGREEMENT payments as
provided and authorized by section three hundred eighty of the public
authorities law [and by], section eleven of chapter three hundred twen-
ty-nine of the laws of nineteen hundred ninety-one, as amended, AND
SECTIONS SIXTY-EIGHT-C AND SIXTY-NINE-O OF THIS CHAPTER.
S 61. Subdivision 5 of section 89-b of the state finance law is
amended by adding a new paragraph c to read as follows:
C. IN ADDITION TO THE PURPOSES FOR WHICH MONEYS IN THE DEDICATED HIGH-
WAY AND BRIDGE TRUST FUND CAN BE USED AS DESCRIBED IN THIS SUBSECTION,
SUBJECT TO APPROPRIATION, AFTER MEETING THE REQUIREMENTS OF SUBDIVISION
S. 2605--B 87 A. 3005--B
THREE OF THIS SECTION, SUCH MONEYS SHALL BE USED FOR TRANSFER TO THE
REVENUE BOND TAX FUND, AS ESTABLISHED BY SECTION NINETY-TWO-Z OF THIS
ARTICLE, IN AN AMOUNT EQUAL TO THAT REQUIRED FOR FINANCING AGREEMENT
PAYMENTS PAID ON BONDS AUTHORIZED PURSUANT TO SECTION THREE HUNDRED
EIGHTY-FIVE OF THE PUBLIC AUTHORITIES LAW, AND ISSUED PURSUANT TO
SECTIONS SIXTY-EIGHT-B AND SIXTY-NINE-N OF THIS CHAPTER.
S 62. Subdivision 3 of section 97-g of the state finance law, as
amended by section 1 of subpart A of part C of chapter 97 of the laws of
2011, is amended to read as follows:
3. Moneys of the fund shall be available to the commissioner of gener-
al services for the purchase of food, supplies and equipment for state
agencies, and for the purpose of furnishing or providing centralized
services to or for state agencies; provided further that such moneys
shall be available to the commissioner of general services for purposes
pursuant to items (d) and (f) of subdivision four of this section to or
for political subdivisions. Beginning the first day of April, two thou-
sand two, moneys in such fund shall also be transferred by the state
comptroller to the revenue bond tax fund account of the general debt
service fund in amounts equal to those required for payments to author-
ized issuers for revenue bonds issued pursuant to article five-C AND
ARTICLE FIVE-F of this chapter for the purpose of lease purchases and
installment purchases by or for state agencies and institutions for
personal or real property purposes.
S 63. Subdivision (j) of section 92-dd of the state finance law, as
added by section 56 of part PP of chapter 56 of the laws of 2009, is
amended to read as follows:
(j) The state comptroller shall transfer from the HCRA resources fund
to the general debt service fund, revenue bond tax fund (311.02) amounts
equal to the debt service paid for bonds, notes, or other obligations
issued PURSUANT TO ARTICLE FIVE-C AND ARTICLE FIVE-F OF THIS CHAPTER to
finance the HEAL NY capital grant program authorized pursuant to section
sixteen hundred eighty-j of the public authorities law.
S 64. The state finance law is amended by adding a new section 93-a to
read as follows:
S 93-A. NEW YORK STATE TRANSFORMATIVE CAPITAL FUND. 1. NEW YORK STATE
TRANSFORMATIVE CAPITAL FUND. (A) THERE IS HEREBY ESTABLISHED IN THE
JOINT CUSTODY OF THE COMPTROLLER AND THE COMMISSIONER OF TAXATION AND
FINANCE A SPECIAL FUND TO BE KNOWN AS THE "NEW YORK STATE TRANSFORMATIVE
CAPITAL FUND".
(B) ACCOUNTS. THE NEW YORK STATE TRANSFORMATIVE CAPITAL FUND SHALL
CONSIST OF TWO SEPARATE AND DISTINCT ACCOUNTS: (1) THE "STORM RECOVERY
ACCOUNT" AND THE (2) "TRANSFORMATIVE CAPITAL ACCOUNT".
(C) SOURCES OF FUNDS. THE SOURCES OF FUNDS SHALL CONSIST OF ALL MONEYS
COLLECTED THEREFOR, OR MONEYS CREDITED, APPROPRIATED OR TRANSFERRED
THERETO FROM ANY OTHER FUND OR SOURCE PURSUANT TO LAW, OR ANY OTHER
MONEYS MADE AVAILABLE FOR THE PURPOSES OF THE FUND. ANY INTEREST
RECEIVED BY THE COMPTROLLER ON MONEYS ON DEPOSIT SHALL BE RETAINED IN
AND BECOME A PART OF THE FUND, UNLESS OTHERWISE DIRECTED BY LAW.
2. USES OF FUNDS. (A) STORM RECOVERY ACCOUNT. FOLLOWING APPROPRIATION
BY THE LEGISLATURE, MONEYS IN THE STORM RECOVERY ACCOUNT SHALL BE AVAIL-
ABLE TO FINANCE THE REPAIR, REHABILITATION, OR REPLACEMENT OF CAPITAL
WORKS OR PURPOSES DAMAGED BY HURRICANE SANDY OR ANY FUTURE NATURAL
DISASTER EXPECTED TO BE ELIGIBLE FOR REIMBURSEMENT BY THE FEDERAL EMER-
GENCY MANAGEMENT AGENCY (FEMA), THE FEDERAL TRANSIT ADMINISTRATION
(FTA), THE FEDERAL HIGHWAY ADMINISTRATION (FHWA) AND ANY OTHER FEDERAL
REIMBURSEMENT SOURCE. NO MONEY IN THIS ACCOUNT MAY BE EXPENDED FOR ANY
S. 2605--B 88 A. 3005--B
PROJECT UNTIL THE DIRECTOR OF THE BUDGET HAS DETERMINED THAT THERE IS A
SUBSTANTIAL LIKELIHOOD THAT THE COSTS OF SUCH PROJECT SHALL BE REIM-
BURSED BY FEDERAL SOURCES. THE DIRECTOR SHALL ISSUE FORMAL RULES THAT
SET FORTH THE PROCESS BY WHICH HE OR SHE WILL DETERMINE WHETHER THERE IS
A SUBSTANTIAL LIKELIHOOD OF REIMBURSEMENT BY FEDERAL SOURCES.
(B) TRANSFORMATIVE CAPITAL ACCOUNT. FOLLOWING APPROPRIATION BY THE
LEGISLATURE, MONEYS IN THE TRANSFORMATIVE CAPITAL ACCOUNT SHALL BE
AVAILABLE TO FINANCE PROJECTS OR ACTIVITIES NECESSARY TO PROMOTE TRANS-
FORMATIVE ECONOMIC DEVELOPMENT AND INFRASTRUCTURE INITIATIVES. NOTHING
CONTAINED IN THIS SECTION SHALL BE CONSTRUED TO LIMIT IN ANY WAY THE
PROJECTS, WORKS, ACTIVITIES OR PURPOSES THAT CAN BE FINANCED FROM THIS
FUND.
3. TRANSFERS. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE
CONTRARY, FOR THE STATE FISCAL YEAR COMMENCING ON APRIL FIRST, TWO THOU-
SAND THIRTEEN, THE COMPTROLLER IS HEREBY AUTHORIZED TO TRANSFER ANY
MONEYS INTO OR FROM THE NEW YORK STATE TRANSFORMATIVE CAPITAL FUND
ACCOUNTS INTO OR FROM THE GENERAL FUND IN AN AMOUNT DETERMINED BY THE
DIRECTOR OF THE BUDGET, TO THE EXTENT MONEYS ARE AVAILABLE IN THE FUND
ACCOUNTS.
S 65. Subdivision 1 of section 45 of section 1 of chapter 174 of the
laws of 1968, constituting the New York state urban development corpo-
ration act, as amended by section 49 of part U of chapter 59 of the laws
of 2012, is amended to read as follows:
1. Notwithstanding the provisions of any other law to the contrary,
the urban development corporation of the state of New York is hereby
authorized to issue bonds or notes in one or more series for the purpose
of funding project costs for the implementation of a NY-SUNY AND NY-CUNY
2020 challenge grant program subject to the approval of a NY-SUNY AND
NY-CUNY 2020 plan or plans by the governor and EITHER the chancellor of
the state university of New York OR THE CHANCELLOR OF THE CITY UNIVERSI-
TY OF NEW YORK, AS APPLICABLE. The aggregate principal amount of bonds
authorized to be issued pursuant to this section shall not exceed
[$110,000,000] $220,000,000, excluding bonds issued to fund one or more
debt service reserve funds, to pay costs of issuance of such bonds, and
bonds or notes issued to refund or otherwise repay such bonds or notes
previously issued. Such bonds and notes of the corporation shall not be
a debt of the state, and the state shall not be liable thereon, nor
shall they be payable out of any funds other than those appropriated by
the state to the corporation for principal, interest, and related
expenses pursuant to a service contract and such bonds and notes shall
contain on the face thereof a statement to such effect. Except for
purposes of complying with the internal revenue code, any interest
income earned on bond proceeds shall only be used to pay debt service on
such bonds.
S 65-a. Section 16 of chapter 260 of the laws of 2011 amending the
education law and the New York state urban development corporation act,
relating to establishing components of the NY-SUNY 2020 challenge grant
program, is amended to read as follows:
S 16. This act shall take effect July 1, 2011 [and]; PROVIDED THAT
SECTIONS ONE, TWO, THREE, FOUR, FIVE, SIX, EIGHT, NINE, TEN, ELEVEN,
TWELVE, THIRTEEN, FOURTEEN AND FIFTEEN OF THIS ACT shall expire 5 years
after such effective date when upon such date the provisions of this act
shall be deemed repealed.
S 66. Subdivision 10-a of section 1680 of the public authorities law,
as amended by section 51 of part U of chapter 59 of the laws of 2012, is
amended to read as follows:
S. 2605--B 89 A. 3005--B
10-a. Subject to the provisions of chapter fifty-nine of the laws of
two thousand, but notwithstanding any other provision of the law to the
contrary, the maximum amount of bonds and notes to be issued after March
thirty-first, two thousand two, on behalf of the state, in relation to
any locally sponsored community college, shall be six hundred [twenty-
three] SIXTY-THREE million dollars. Such amount shall be exclusive of
bonds and notes issued to fund any reserve fund or funds, costs of issu-
ance and to refund any outstanding bonds and notes, issued on behalf of
the state, relating to a locally sponsored community college.
S 67. Paragraph (c) of subdivision 14 of section 1680 of the public
authorities law, as amended by section 39 of part PP of chapter 56 of
the laws of 2009, is amended to read as follows:
(c) Subject to the provisions of chapter fifty-nine of the laws of two
thousand, (i) the dormitory authority shall not deliver a series of
bonds for city university community college facilities, except to refund
or to be substituted for or in lieu of other bonds in relation to city
university community college facilities pursuant to a resolution of the
dormitory authority adopted before July first, nineteen hundred eighty-
five or any resolution supplemental thereto, if the principal amount of
bonds so to be issued when added to all principal amounts of bonds
previously issued by the dormitory authority for city university commu-
nity college facilities, except to refund or to be substituted in lieu
of other bonds in relation to city university community college facili-
ties will exceed the sum of four hundred twenty-five million dollars and
(ii) the dormitory authority shall not deliver a series of bonds issued
for city university facilities, including community college facilities,
pursuant to a resolution of the dormitory authority adopted on or after
July first, nineteen hundred eighty-five, except to refund or to be
substituted for or in lieu of other bonds in relation to city university
facilities and except for bonds issued pursuant to a resolution supple-
mental to a resolution of the dormitory authority adopted prior to July
first, nineteen hundred eighty-five, if the principal amount of bonds so
to be issued when added to the principal amount of bonds previously
issued pursuant to any such resolution, except bonds issued to refund or
to be substituted for or in lieu of other bonds in relation to city
university facilities, will exceed six billion eight hundred [forty-
three] FIFTY-THREE million two hundred thousand dollars. The legisla-
ture reserves the right to amend or repeal such limit, and the state of
New York, the dormitory authority, the city university, and the fund are
prohibited from covenanting or making any other agreements with or for
the benefit of bondholders which might in any way affect such right.
S 68. Subdivision (a) of section 48 of part K of chapter 81 of the
laws of 2002, providing for the administration of certain funds and
accounts related to the 2002-2003 budget, as amended by section 40 of
part BB of chapter 58 of the laws of 2011, is amended to read as
follows:
(a) Subject to the provisions of chapter 59 of the laws of 2000 but
notwithstanding the provisions of section 18 of the urban development
corporation act, the corporation is hereby authorized to issue bonds or
notes in one or more series in an aggregate principal amount not to
exceed $67,000,000 excluding bonds issued to fund one or more debt
service reserve funds, to pay costs of issuance of such bonds, and bonds
or notes issued to refund or otherwise repay such bonds or notes previ-
ously issued, for the purpose of financing capital costs related to
homeland security and training facilities for the division of state
police, the division of military and naval affairs, and any other state
S. 2605--B 90 A. 3005--B
agency, including the reimbursement of any disbursements made from the
state capital projects fund, and is hereby authorized to issue bonds or
notes in one or more series in an aggregate principal amount not to
exceed [$205,800,000] $220,800,000, excluding bonds issued to fund one
or more debt service reserve funds, to pay costs of issuance of such
bonds, and bonds or notes issued to refund or otherwise repay such bonds
or notes previously issued, for the purpose of financing improvements to
State office buildings and other facilities located statewide, including
the reimbursement of any disbursements made from the state capital
projects fund. Such bonds and notes of the corporation shall not be a
debt of the state, and the state shall not be liable thereon, nor shall
they be payable out of any funds other than those appropriated by the
state to the corporation for debt service and related expenses pursuant
to any service contracts executed pursuant to subdivision (b) of this
section, and such bonds and notes shall contain on the face thereof a
statement to such effect.
S 69. The section heading and subdivision 1 of section 386-b of the
public authorities law, as added by section 48 of part U of chapter 59
of the laws of 2012, is amended to read as follows:
Financing of peace bridge AND TRANSPORTATION CAPITAL projects. 1.
Notwithstanding any other provision of law to the contrary, the authori-
ty, the dormitory authority and the urban development corporation are
hereby authorized to issue bonds or notes in one or more series for the
purpose of financing peace bridge projects AND CAPITAL COSTS OF STATE
AND LOCAL HIGHWAYS, PARKWAYS, BRIDGES, THE NEW YORK STATE THRUWAY, INDI-
AN RESERVATION ROADS, AND FACILITIES, AND TRANSPORTATION INFRASTRUCTURE
PROJECTS, INCLUDING WORK APPURTENANT AND ANCILLARY THERETO. The aggre-
gate principal amount of bonds authorized to be issued pursuant to this
section shall not exceed THREE HUNDRED fifteen million dollars
[($15,000,000)] ($315,000,000), excluding bonds issued to fund one or
more debt service reserve funds, to pay costs of issuance of such bonds,
and to refund or otherwise repay such bonds or notes previously issued.
Such bonds and notes of the authority, the dormitory authority and the
urban development corporation shall not be a debt of the state, and the
state shall not be liable thereon, nor shall they be payable out of any
funds other than those appropriated by the state to the authority, the
dormitory authority and the urban development corporation for principal,
interest, and related expenses pursuant to a service contract and such
bonds and notes shall contain on the face thereof a statement to such
effect. Except for purposes of complying with the internal revenue code,
any interest income earned on bond proceeds shall only be used to pay
debt service on such bonds.
S 69-a. Paragraph (c) of subdivision 19 of section 1680 of the public
authorities law, as amended by section 52 of part U of chapter 59 of the
laws of 2012, is amended to read as follows:
(c) Subject to the provisions of chapter fifty-nine of the laws of two
thousand, the dormitory authority shall not issue any bonds for state
university educational facilities purposes if the principal amount of
bonds to be issued when added to the aggregate principal amount of bonds
issued by the dormitory authority on and after July first, nineteen
hundred eighty-eight for state university educational facilities will
exceed ten billion [three] FOUR hundred [four] TWENTY-TWO million
dollars; provided, however, that bonds issued or to be issued shall be
excluded from such limitation if: (1) such bonds are issued to refund
state university construction bonds and state university construction
notes previously issued by the housing finance agency; or (2) such bonds
S. 2605--B 91 A. 3005--B
are issued to refund bonds of the authority or other obligations issued
for state university educational facilities purposes and the present
value of the aggregate debt service on the refunding bonds does not
exceed the present value of the aggregate debt service on the bonds
refunded thereby; provided, further that upon certification by the
director of the budget that the issuance of refunding bonds or other
obligations issued between April first, nineteen hundred ninety-two and
March thirty-first, nineteen hundred ninety-three will generate long
term economic benefits to the state, as assessed on a present value
basis, such issuance will be deemed to have met the present value test
noted above. For purposes of this subdivision, the present value of the
aggregate debt service of the refunding bonds and the aggregate debt
service of the bonds refunded, shall be calculated by utilizing the true
interest cost of the refunding bonds, which shall be that rate arrived
at by doubling the semi-annual interest rate (compounded semi-annually)
necessary to discount the debt service payments on the refunding bonds
from the payment dates thereof to the date of issue of the refunding
bonds to the purchase price of the refunding bonds, including interest
accrued thereon prior to the issuance thereof. The maturity of such
bonds, other than bonds issued to refund outstanding bonds, shall not
exceed the weighted average economic life, as certified by the state
university construction fund, of the facilities in connection with which
the bonds are issued, and in any case not later than the earlier of
thirty years or the expiration of the term of any lease, sublease or
other agreement relating thereto; provided that no note, including
renewals thereof, shall mature later than five years after the date of
issuance of such note. The legislature reserves the right to amend or
repeal such limit, and the state of New York, the dormitory authority,
the state university of New York, and the state university construction
fund are prohibited from covenanting or making any other agreements with
or for the benefit of bondholders which might in any way affect such
right.
S 70. This act shall take effect immediately and shall be deemed to
have been in full force and effect on and after April 1, 2013; provided
that:
(a) sections one through nine, and sections thirteen through eighteen
of this act shall expire March 31, 2014, when upon such date, the
provisions of such sections shall be deemed repealed;
(b) the amendments to subdivision 3 of section 99-h of the state
finance law made by section twenty-three of this act shall not affect
the expiration of such subdivision and section respectively and shall be
deemed to expire therewith;
(c) the amendments to subdivision 5 of section 3234 of the public
authorities law made by section forty-five of this act shall take effect
on the same date and in the same manner as section 54 of part K of chap-
ter 81 of the laws of 2002 takes effect;
(d) the amendments to paragraph a of subdivision 5 of section 89-b of
the state finance law made by section sixty 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 sixty-a of this act shall take effect;
and
(e) the amendments to subdivision 3 of section 97-g of the state
finance law made by section sixty-two of this act shall not affect the
expiration and reversion of such subdivision and shall be deemed to
expire therewith.
S. 2605--B 92 A. 3005--B
PART N
Section 1. Subdivisions 1, 3, 4, 5 and 6 of section 709 of the execu-
tive law, subdivision 1 as amended and subdivisions 3, 4, 5 and 6 as
added by section 14 of part B of chapter 56 of the laws of 2010, are
amended to read as follows:
1. There is hereby created within the executive department the divi-
sion of homeland security and emergency services, which shall have and
exercise the powers and duties set forth in this article. Any reference
to the 'office of public security', the 'office of homeland security',
the 'state emergency management office'[, the 'office of cyber securi-
ty'] or the 'office of fire prevention and control' in the laws of New
York state, executive orders, or contracts entered into on behalf of the
state shall be deemed to refer to the division of homeland security and
emergency services.
3. The division of homeland security and emergency services shall
consist of several offices including, but not limited to, the office of
counterterrorism, which shall have the powers, and be responsible for
carrying out the duties, including but not limited to those set forth in
section seven hundred nine-a of this article; the office of emergency
management, which shall have the powers, and be responsible for carrying
out the duties, including but not limited to those set forth in article
two-B of this chapter; the office of fire prevention and control, which
shall have the powers, and be responsible for carrying out the duties,
including but not limited to those set forth in article six-C of this
chapter[; the office of cyber security, which shall have the powers, and
be responsible for carrying out the duties, including but not limited to
those set forth in section seven hundred fifteen of this article;] and
the office of interoperable and emergency communications, which shall
have the powers, and be responsible for carrying out the duties, includ-
ing but not limited to those set forth in section seven hundred seven-
teen of this article.
4. As set forth in section seven hundred ten of this article, the
commissioner of the division of homeland security and emergency services
shall be appointed by the governor, with the advice and consent of the
senate, and hold office at the pleasure of the governor. The directors
of the offices of counterterrorism, emergency management, fire
prevention and control, [cyber security,] and interoperable and emergen-
cy communications, and such other offices as may be established, shall
be appointed by, and hold office at the pleasure of, the governor and
they shall report to the commissioner of the division of homeland secu-
rity and emergency services.
5. The directors of the offices of counterterrorism, emergency manage-
ment, fire prevention and control, [cyber security,] interoperable and
emergency communications, and of such other offices as may be estab-
lished, shall, in consultation with the commissioner, have the authority
to promulgate rules and regulations to carry out the duties of their
office, including the establishment of fees necessary to compensate for
costs associated with the delivery of training and services.
6. The directors of the offices of counterterrorism, emergency manage-
ment, fire prevention and control, [cyber security,] interoperable and
emergency communications, and such other offices as may be established,
shall have the authority to enter into contracts with any person, firm,
corporation, municipality, or government entity.
S 2. Section 715 of the executive law is REPEALED.
S. 2605--B 93 A. 3005--B
S 3. Subdivision 10 of section 103 of the state technology law, as
added by chapter 430 of the laws of 1997, and such section as renumbered
by chapter 437 of the laws of 2004, is amended to read as follows:
10. To establish statewide technology policies, including but not
limited to preferred technology standards and security, INCLUDING STATE-
WIDE POLICIES, STANDARDS, PROGRAMS, AND SERVICES RELATING TO THE SECURI-
TY OF STATE GOVERNMENT NETWORKS AND GEOGRAPHIC INFORMATION SYSTEMS,
INCLUDING THE STATEWIDE COORDINATION OF GEOGRAPHICALLY REFERENCED CRIT-
ICAL INFRASTRUCTURE INFORMATION;
S 4. Section 103 of the state technology law is amended by adding four
new subdivisions 18, 19, 20 and 21 to read as follows:
18. TO PROVIDE FOR THE PROTECTION OF THE STATE GOVERNMENT'S CYBER
SECURITY INFRASTRUCTURE, INCLUDING, BUT NOT LIMITED TO, THE IDENTIFICA-
TION AND MITIGATION OF VULNERABILITIES, DETERRING AND RESPONDING TO
CYBER EVENTS, AND PROMOTING CYBER SECURITY AWARENESS WITHIN THE STATE.
19. TO MAINTAIN, IN ELECTRONIC OR PAPER FORMATS, MAPS, GEOGRAPHIC
IMAGES, GEOGRAPHIC DATA AND METADATA.
20. NOTWITHSTANDING THE PROVISIONS OF SUBPARAGRAPHS (I) AND (II) OF
PARAGRAPH (A) OF SUBDIVISION EIGHT OF SECTION SEVENTY-THREE OF THE
PUBLIC OFFICERS LAW, FORMER OFFICERS OR EMPLOYEES OF THE OFFICE OF CYBER
SECURITY EMPLOYED BY THE NOT-FOR-PROFIT CORPORATION THAT OPERATES THE
MULTI-STATE INFORMATION SHARING AND ANALYSIS CENTER MAY APPEAR BEFORE
AND RENDER SERVICES TO ANY FEDERAL, STATE, LOCAL, TERRITORIAL OR TRIBAL
GOVERNMENT RELATING TO CYBER SECURITY.
21. NOTWITHSTANDING THE PROVISIONS OF SECTION ONE HUNDRED SIXTY-THREE
OF THE STATE FINANCE LAW, SECTION ONE HUNDRED THREE OF THE GENERAL
MUNICIPAL LAW, ARTICLE FOUR-C OF THE ECONOMIC DEVELOPMENT LAW, OR ANY
OTHER PROVISION OF LAW RELATING TO THE AWARD OF PUBLIC CONTRACTS, ANY
OFFICER, BODY, OR AGENCY OF NEW YORK STATE, PUBLIC CORPORATION, OR OTHER
PUBLIC ENTITY SUBJECT TO SUCH PROVISIONS OF LAW SHALL BE AUTHORIZED TO
ENTER INDIVIDUALLY OR COLLECTIVELY INTO CONTRACTS WITH THE NOT-FOR-PRO-
FIT CORPORATION THAT OPERATES THE MULTI-STATE INFORMATION SHARING AND
ANALYSIS CENTER FOR THE PROVISION OF SERVICES THROUGH SEPTEMBER THIRTI-
ETH, TWO THOUSAND FOURTEEN RELATED TO CYBER SECURITY INCLUDING, BUT NOT
LIMITED TO, MONITORING, DETECTING, AND RESPONDING TO CYBER INCIDENTS,
AND SUCH CONTRACTS MAY BE AWARDED WITHOUT COMPLIANCE WITH THE PROCEDURES
RELATING TO THE PROCUREMENT OF SERVICES SET FORTH IN SUCH PROVISIONS OF
LAW. SUCH CONTRACTS SHALL, HOWEVER, BE SUBJECT TO THE COMPTROLLER'S
EXISTING AUTHORITY TO APPROVE CONTRACTS WHERE SUCH APPROVAL IS REQUIRED
BY SECTION ONE HUNDRED TWELVE OF THE STATE FINANCE LAW OR OTHERWISE.
SUCH OFFICERS, BODIES, OR AGENCIES MAY PAY THE FEES OR OTHER AMOUNTS
SPECIFIED IN SUCH CONTRACTS IN CONSIDERATION OF THE CYBER SECURITY
SERVICES TO BE RENDERED PURSUANT TO SUCH CONTRACTS.
S 5. Subdivision 2 and paragraph (a) of subdivision 7 of section 208
of the state technology law, subdivision 2 as amended by chapter 491 of
the laws of 2005 and paragraph (a) of subdivision 7 as amended by
section 27 of part A of chapter 62 of the laws of 2011, are amended to
read as follows:
2. Any state entity that owns or licenses computerized data that
includes private information shall disclose any breach of the security
of the system following discovery or notification of the breach in the
security of the system to any resident of New York state whose private
information was, or is reasonably believed to have been, acquired by a
person without valid authorization. The disclosure shall be made in the
most expedient time possible and without unreasonable delay, consistent
with the legitimate needs of law enforcement, as provided in subdivision
S. 2605--B 94 A. 3005--B
four of this section, or any measures necessary to determine the scope
of the breach and restore the reasonable integrity of the data system.
The state entity shall consult with the state [office of cyber security
and critical infrastructure coordination] OFFICE OF INFORMATION TECHNOL-
OGY SERVICES to determine the scope of the breach and restoration meas-
ures.
(a) In the event that any New York residents are to be notified, the
state entity shall notify the state attorney general, the department of
state and the state [office of cyber security and critical infrastruc-
ture coordination] OFFICE OF INFORMATION TECHNOLOGY SERVICES as to the
timing, content and distribution of the notices and approximate number
of affected persons. Such notice shall be made without delaying notice
to affected New York residents.
S 6. Paragraph (a) of subdivision 8 of section 899-aa of the general
business law, as amended by section 43 of part A of chapter 62 of the
laws of 2011, is amended to read as follows:
(a) In the event that any New York residents are to be notified, the
person or business shall notify the state attorney general, the depart-
ment of state and the DIVISION OF state [office of cyber security and
critical infrastructure coordination] POLICE as to the timing, content
and distribution of the notices and approximate number of affected
persons. Such notice shall be made without delaying notice to affected
New York residents.
S 7. Any reference to the office of cyber security or to the office of
cyber security and critical infrastructure coordination in the laws of
New York state, executive orders or contracts entered into on behalf of
the state shall be deemed to refer to the office of information technol-
ogy services.
S 8. (a) Notwithstanding any provision of law to the contrary, any
person employed by the office of the Medicaid inspector general, the
office of mental health, the office for people with developmental disa-
bilities, the department of health and the division of state police and
any person employed in the exempt class positions of employee program
associate, employee program assistant or employee relations associate by
the governor's office of employee relations immediately prior to being
transferred to the office of information technology services pursuant to
subdivision 2 of section 70 of the civil service law effective November
22, 2012 and November 29, 2012, and who, immediately prior thereto was
performing information technology functions similar to persons employed
in appropriate competitive class positions, shall be given permanent
competitive class rights and status and shall continue to hold such
position in the office of information technology services without
further examination. No such employee transferred to the office of
information technology services shall be subject to a new probationary
term, provided, however, that any employee in probationary status at the
time of the transfer shall be required to complete that probationary
term at the office of information technology services under the same
terms and conditions as were applicable to them while employed at the
office of the Medicaid inspector general, the office of mental health,
the office for people with developmental disabilities, the department of
health, the division of state police and the governor's office of
employee relations.
(b) Any employees whose positions are re-classified pursuant to this
section or section nine or ten of this act shall have seniority rights
on the basis of continuous service from the date of their original
permanent appointment to the classified service or the date of permanent
S. 2605--B 95 A. 3005--B
employment with the office of the Medicaid inspector general, the office
of mental health, the office for people with developmental disabilities,
the department of health or the division of state police. Any such
employees employed by the division of state police in an appropriate
non-competitive title on a permanent basis, shall also be deemed to have
that period of employment count as permanent competitive service in that
title for purposes of qualifying for promotional examinations or trans-
fers pursuant to subdivision 6 of section 52 of the civil service law
and subdivision 1 of section 70 of the civil service law.
(c) No employee whose position is re-classified pursuant to this
section or section nine or ten of this act shall suffer a reduction in
basic salary as a result of the re-classification and shall continue to
receive, at a minimum, the salary that such employee received while
employed by the office of the Medicaid inspector general, the office of
mental health, the office for people with developmental disabilities,
the department of health, the division of state police and the gover-
nor's office of employee relations. The director of the office of
information technology services shall also allow employees of the divi-
sion of state police whose positions are re-classified pursuant to this
section or section nine of this act credit for all of the annual leave,
sick leave, or personal leave standing to their credit at the time of
the transfer, but not in excess of the maximum accumulation permitted in
the office of information technology services.
S 9. Notwithstanding any provision of law to the contrary, the civil
service department may re-classify any person employed in a permanent,
classified, competitive position immediately prior to being transferred
to the office of information technology services effective November 22,
2012 and November 29, 2012, pursuant to subdivision 2 of section 70 of
the civil service law to align with the duties and responsibilities of
their positions upon transfer. Permanent employees whose positions are
subsequently re-classified to align with the duties and responsibilities
of their positions upon being transferred to the office of information
technology services effective November 22, 2012 and November 29, 2012,
pursuant to subdivision 2 of section 70 of the civil service law shall
hold such positions without further examination or qualification.
Notwithstanding any other provision of this act, the names of those
competitive permanent employees on promotion eligible lists in their
former agency or department shall be added and interfiled on a promotion
eligible list in the new department, as the state civil service depart-
ment deems appropriate.
S 10. Notwithstanding any provision of law to the contrary, the civil
service department may re-classify any person employed in the exempt
class positions of employee program associate, employee program assist-
ant or employee relations associate by the governor's office of employee
relations immediately prior to being transferred to the office of infor-
mation technology services effective November 22, 2012, and November 29,
2012, pursuant to subdivision 2 of section 70 of the civil service law
to align with the duties and responsibilities of their positions upon
transfer. Permanent employees whose positions are subsequently re-clas-
sified to align with the duties and responsibilities of their positions
upon being transferred to the office of information technology services
effective November 22, 2012, and November 29, 2012, pursuant to subdivi-
sion 2 of section 70 of the civil service law shall hold such positions
without further examination or qualification.
S 11. This act shall take effect immediately.
S. 2605--B 96 A. 3005--B
PART O
Section 1. Subdivision 18 of section 2 of the workers' compensation
law is REPEALED.
S 2. Subdivision 9 of section 13-l of the workers' compensation law,
as added by chapter 940 of the laws of 1973, is amended to read as
follows:
9. The [chairman] CHAIR shall appoint for and with jurisdiction in the
entire state of New York a single chiropractic practice committee
composed of [one duly licensed physician and two] THREE duly registered
and licensed chiropractors of the state of New York. Each member of said
committee shall receive compensation either on an annual basis or on a
per diem basis to be fixed by the [chairman] CHAIR within amounts appro-
priated therefor. One of said chiropractic members shall be designated
by the [chairman] CHAIR as a [chairman] CHAIR of said chiropractic prac-
tice committee. No member of said committee shall render chiropractic
treatment under this section nor be employed or accept or participate in
any fee from any insurance company authorized to write [workmen's] WORK-
ERS' compensation insurance in this state or from any self-insurer,
whether such employment or fee relates to a [workmen's] WORKERS' compen-
sation claim or otherwise. The [attorney-general] ATTORNEY GENERAL, upon
request, shall advise and assist such committee.
S 3. Subdivision 10 of section 13-m of the workers' compensation law,
as added by chapter 589 of the laws of 1989, is amended to read as
follows:
10. The [chairman] CHAIR shall appoint for and with jurisdiction in
the entire state of New York a single psychology practice committee
composed of [two] THREE duly registered and licensed psychologists, at
least one of whom shall be a member in good standing of the New York
state psychological association recommended by the president of such
organization[, and one duly licensed physician of the state of New
York]. Each member of said committee shall receive compensation either
on an annual basis or on a per diem basis to be fixed by the [chairman]
CHAIR within amounts appropriated therefor. One of said psychologists
shall be designated by the [chairman] CHAIR as a [chairman] CHAIR of
said psychology practice committee. No member of said committee shall
render psychological treatment under this section nor be an employer or
accept or participate in any fee from any insurance company authorized
to write workers' compensation insurance in this state or from any self-
insurer, whether such employment or fee relates to a workers' compen-
sation claim or otherwise. The attorney general, upon request, shall
advise and assist such committee.
S 4. Subdivisions 2, 3 and 4 of section 13-g of the workers' compen-
sation law, subdivision 2 as amended by chapter 649 of the laws of 1985,
subdivision 3 as amended by chapter 674 of the laws of 1994, and subdi-
vision 4 as amended by chapter 639 of the laws of 1996, are amended to
read as follows:
(2) (A) IF THE PARTIES FAIL TO AGREE TO THE VALUE OF MEDICAL AID
RENDERED UNDER THIS CHAPTER AND THE AMOUNT OF THE DISPUTED BILL IS ONE
THOUSAND DOLLARS OR LESS, OR IF THE AMOUNT OF THE DISPUTED MEDICAL BILL
EXCEEDS ONE THOUSAND DOLLARS AND THE HEALTH CARE PROVIDER EXPRESSLY SO
REQUESTS, SUCH VALUE SHALL BE DECIDED BY A SINGLE ARBITRATOR PROCESS,
PURSUANT TO RULES PROMULGATED BY THE CHAIR. THE CHAIR SHALL APPOINT A
PHYSICIAN WHO IS A MEMBER IN GOOD STANDING OF THE MEDICAL SOCIETY OF THE
STATE OF NEW YORK TO DETERMINE THE VALUE OF SUCH DISPUTED MEDICAL BILL.
WHERE THE PHYSICIAN WHOSE CHARGES ARE BEING ARBITRATED IS A MEMBER IN
S. 2605--B 97 A. 3005--B
GOOD STANDING OF THE NEW YORK OSTEOPATHIC SOCIETY, THE VALUE OF SUCH
DISPUTED BILL SHALL BE DETERMINED BY A MEMBER IN GOOD STANDING OF THE
NEW YORK OSTEOPATHIC SOCIETY APPOINTED BY THE CHAIR. WHERE THE PHYSICIAN
WHOSE CHARGES ARE BEING ARBITRATED IS A MEMBER IN GOOD STANDING OF THE
NEW YORK HOMEOPATHIC SOCIETY, THE VALUE OF SUCH DISPUTED BILL SHALL BE
DETERMINED BY A MEMBER IN GOOD STANDING OF THE NEW YORK HOMEOPATHIC
SOCIETY APPOINTED BY THE CHAIR. WHERE THE VALUE OF PHYSICAL THERAPY
SERVICES OR OCCUPATIONAL THERAPY SERVICES IS AT ISSUE, SUCH VALUE SHALL
BE DETERMINED BY A MEMBER IN GOOD STANDING OF A RECOGNIZED PROFESSIONAL
ASSOCIATION REPRESENTING ITS RESPECTIVE PROFESSION IN THE STATE OF NEW
YORK APPOINTED BY THE CHAIR. DECISIONS RENDERED UNDER THE SINGLE ARBI-
TRATOR PROCESS SHALL BE CONCLUSIVE UPON THE PARTIES AS TO THE VALUE OF
THE SERVICES IN DISPUTE.
(B) If the parties fail to agree as to the value of medical aid
rendered under this chapter AND THE AMOUNT OF THE DISPUTED BILL EXCEEDS
ONE THOUSAND DOLLARS, such value shall be decided by an arbitration
committee [consisting] UNLESS THE HEALTH CARE PROVIDER EXPRESSLY
REQUESTS A SINGLE ARBITRATOR PROCESS IN ACCORDANCE WITH PARAGRAPH (A) OF
THIS SUBDIVISION. THE ARBITRATION COMMITTEE SHALL CONSIST of one physi-
cian designated by the president of the medical society of the county in
which the medical services were rendered, one physician who is a member
of the medical society of the state of New York, appointed by the
employer or carrier, and one physician, also a member of the medical
society of the state of New York, appointed by the [chairman] CHAIR of
the workers' compensation board. [The majority decision of any such
committee shall be conclusive upon the parties as to the value of the
services rendered.] If the physician whose charges are being arbitrated
is a member in good standing of the New York osteopathic society or the
New York homeopathic society, the members of such arbitration committee
shall be physicians of such organization, one to be appointed by the
president of that organization, one by the employer or carrier and the
third by the [chairman] CHAIR of the workers' compensation board. Where
the value of physical therapy services is at issue AND THE AMOUNT OF THE
DISPUTED BILL EXCEEDS ONE THOUSAND DOLLARS, the arbitration committee
shall consist of a member in good standing of a recognized professional
association representing physical therapists in the state of New York
appointed by the president of such organization, a physician designated
by the employer or carrier and a physician designated by the [chairman]
CHAIR of the workers' compensation board provided however, that the
[chairman] CHAIR finds that there are a sufficient number of physical
therapy arbitrations in a geographical area comprised of one or more
counties to warrant a committee so comprised. In all other cases where
the value of physical therapy services is at issue AND THE AMOUNT OF THE
DISPUTED BILL EXCEEDS ONE THOUSAND DOLLARS, the arbitration committee
shall be similarly selected and identical in composition, provided that
the physical therapist member shall serve without remuneration, and
provided further that in the event a physical therapist is not avail-
able, the committee shall be comprised of three physicians designated in
the same manner as in cases where the value of medical aid is at issue.
(C) Where the value of occupational therapy services is at issue the
arbitration committee shall consist of a member in good standing of a
recognized professional association representing occupational therapists
in the state of New York appointed by the president of such organiza-
tion; a physician designated by the employer or carrier and a physician
designated by the [chairman] CHAIR of the workers' compensation board
provided, however, that the [chairman] CHAIR finds that there are a
S. 2605--B 98 A. 3005--B
sufficient number of occupational therapy arbitrations in a geographical
area comprised of one or more counties to warrant a committee so
comprised. In all other cases where the value of occupational therapy
services is at issue AND THE AMOUNT OF THE DISPUTED BILL EXCEEDS ONE
THOUSAND DOLLARS, the arbitration committee shall be similarly selected
and identical in composition, provided that the occupational therapist
member shall serve without remuneration, and provided further that in
the event an occupational therapist is not available, the committee
shall be comprised of three physicians designated in the same manner as
in cases where the value of medical aid is at issue. THE MAJORITY DECI-
SION OF ANY SUCH ARBITRATION COMMITTEE SHALL BE CONCLUSIVE UPON THE
PARTIES AS TO THE VALUE OF THE SERVICES IN DISPUTE.
(3) (A) IF AN EMPLOYER SHALL HAVE NOTIFIED THE HOSPITAL IN WRITING, AS
PROVIDED IN SUBDIVISION ONE OF THIS SECTION, WHY THE BILL HAS NOT BEEN
PAID, IN PART OR IN FULL, AND THE AMOUNT OF THE DISPUTED BILL IS ONE
THOUSAND DOLLARS OR LESS, OR WHERE THE AMOUNT OF THE DISPUTED MEDICAL
BILL EXCEEDS ONE THOUSAND DOLLARS AND THE HOSPITAL EXPRESSLY SO
REQUESTS, SUCH VALUE SHALL BE DECIDED BY A SINGLE ARBITRATOR PROCESS,
PURSUANT TO RULES PROMULGATED BY THE CHAIR. THE CHAIR SHALL APPOINT A
PHYSICIAN IN GOOD STANDING LICENSED TO PRACTICE IN NEW YORK STATE TO
DETERMINE THE VALUE OF SUCH DISPUTED BILL. DECISIONS RENDERED UNDER THE
ADMINISTRATIVE RESOLUTION PROCEDURE SHALL BE CONCLUSIVE UPON THE PARTIES
AS TO THE VALUE OF THE SERVICES IN DISPUTE.
(B) If an employer shall have notified the hospital in writing, as
provided in subdivision one of this section, why the bill has not been
paid, in part or in full, AND THE AMOUNT OF THE DISPUTED BILL EXCEEDS
ONE THOUSAND DOLLARS, the value of such bill shall be determined by an
arbitration committee appointed by the chair for that purpose, which
committee shall consider all of the charges of the hospital, UNLESS THE
HOSPITAL EXPRESSLY REQUESTS A SINGLE ARBITRATOR PROCESS PURSUANT TO
PARAGRAPH (A) OF THIS SUBDIVISION. The committee shall consist of three
physicians. One member of the committee may be nominated [to] BY the
chair [by] UPON RECOMMENDATION OF the president of the hospital associ-
ation of New York state and one member may be nominated by the employer
or insurance carrier. The majority decision of any such committee shall
be conclusive upon the parties as to the value of the services rendered.
The chair may make reasonable rules and regulations consistent with the
provisions of this section.
(4) A provider initiating an arbitration, INCLUDING A SINGLE ARBITRA-
TOR PROCESS, pursuant to this section shall pay a fee as determined by
regulations promulgated by the chair, to be used to cover the costs
related to the conduct of such arbitration. Upon resolution in favor of
such party, the amount due, based upon the bill in dispute, shall be
increased by the amount of the fee paid by such party. Where a partial
award is made, the amount due, based upon the bill in dispute, shall be
increased by a part of such fee. Each member of an arbitration commit-
tee for medical bills, and each member of an arbitration committee for
hospital bills shall be entitled to receive and shall be paid a fee for
each day's attendance at an arbitration session in any one count in an
amount fixed by the chair of the workers' compensation board.
S 5. Subdivision 6 of section 13-k of the workers' compensation law,
as amended by chapter 639 of the laws of 1996, is amended to read as
follows:
6. (A) The provisions of subdivisions one and three of section thir-
teen-g of this article with respect to the conditions under which a
hospital, physician or self-employed physical or occupational therapist
S. 2605--B 99 A. 3005--B
may request payment or arbitration of a bill, or under which an award
may be made for payment of such bill, shall be applicable to bills
rendered by a podiatrist for services rendered to an injured employee.
(B) IF THE PARTIES FAIL TO AGREE AS TO THE VALUE OF PODIATRY CARE
RENDERED UNDER THIS CHAPTER TO A CLAIMANT, AND THE AMOUNT OF THE
DISPUTED BILL IS ONE THOUSAND DOLLARS OR LESS, OR WHERE THE AMOUNT OF
THE DISPUTED BILL EXCEEDS ONE THOUSAND DOLLARS AND THE PODIATRIST
EXPRESSLY SO REQUESTS, SUCH VALUE SHALL BE DECIDED BY A SINGLE ARBITRA-
TOR PROCESS, PURSUANT TO RULES PROMULGATED BY THE CHAIR. THE CHAIR SHALL
APPOINT A MEMBER IN GOOD STANDING OF A RECOGNIZED PROFESSIONAL ASSOCI-
ATION REPRESENTING PODIATRISTS IN THE STATE OF NEW YORK TO DETERMINE THE
VALUE OF SUCH DISPUTED BILL. DECISIONS RENDERED UNDER THE SINGLE ARBI-
TRATOR PROCESS SHALL BE CONCLUSIVE UPON THE PARTIES AS TO THE VALUE OF
THE SERVICES IN DISPUTE.
(C) If the parties fail to agree as to the value of podiatry care
rendered under this chapter to a claimant AND THE AMOUNT OF THE DISPUTED
BILL EXCEEDS ONE THOUSAND DOLLARS AND THE PODIATRIST DOES NOT EXPRESSLY
REQUEST A SINGLE ARBITRATOR PROCESS IN ACCORDANCE WITH PARAGRAPH (B) OF
THIS SUBDIVISION, such value shall be decided by an arbitration commit-
tee consisting of three duly registered and licensed podiatrists who are
members of a recognized professional association representing podia-
trists in the state of New York, one to be appointed by the president of
such an association, one to be appointed by the employer or carrier and
one to be appointed by the chair of the workers' compensation board and
the majority decision of such committee shall be conclusive upon the
parties as to the value of the services rendered.
(D) The board or the chair may make an award not in excess of the
established fee schedules for any such bill or part thereof which
remains unpaid in the same manner as an award for bills rendered under
subdivisions one and three of section thirteen-g of this article, and
such award may be collected in like manner as an [aware] AWARD of
compensation. Where a podiatrist's bill has been determined to be due
and owing in accordance with the provisions of this section the board
shall include in the amount of the award interest of not more than one
and one-half percent (1 1/2%) per month payable to the podiatrist in
accordance with the rules and regulations promulgated by the board. The
chair shall assess the sum of fifty dollars against the employer for
each such award made by the board, which sum shall be paid into the
state treasury.
(E) A provider initiating an arbitration, INCLUDING A SINGLE ARBI-
TRATION PROCESS, pursuant to this section shall pay a fee, as determined
by regulations promulgated by the chair, to be used to cover the costs
related to the conduct of such arbitration. Upon resolution in favor of
such party, the amount due, based upon the bill in dispute, shall be
increased by the amount of the fee paid by such party. Where a partial
award is made, the amount due, based upon the bill in dispute shall be
increased by a part of such fee. Each member of the arbitration commit-
tee shall be entitled to receive and shall be paid a fee for each day's
attendance at an arbitration session in an amount fixed by the chair of
the workers' compensation board.
S 6. Subdivision 6 of section 13-l of the workers' compensation law,
as amended by chapter 639 of the laws of 1996, is amended to read as
follows:
6. (A) The provisions of subdivisions one and three of section thir-
teen-g of this article with respect to the conditions under which a
hospital, physician or self-employed physical or occupational therapist
S. 2605--B 100 A. 3005--B
may request payment or arbitration of a bill, or under which an award
may be made for payment of such bill, shall be applicable to bills
rendered by a chiropractor for services rendered to an injured employee.
(B) IF THE PARTIES FAIL TO AGREE AS TO THE CHIROPRACTIC CARE RENDERED
UNDER THIS CHAPTER TO A CLAIMANT, AND THE AMOUNT OF THE DISPUTED BILL IS
ONE THOUSAND DOLLARS OR LESS, OR WHERE THE AMOUNT OF THE DISPUTED BILL
EXCEEDS ONE THOUSAND DOLLARS AND THE CHIROPRACTOR EXPRESSLY SO REQUESTS,
SUCH VALUE SHALL BE DECIDED BY A SINGLE ARBITRATOR PROCESS, PURSUANT TO
RULES PROMULGATED BY THE CHAIR. THE CHAIR SHALL APPOINT A MEMBER IN GOOD
STANDING OF A RECOGNIZED PROFESSIONAL ASSOCIATION REPRESENTING CHIRO-
PRACTORS IN THE STATE OF NEW YORK TO DETERMINE THE VALUE OF SUCH
DISPUTED BILL. DECISIONS RENDERED UNDER THE SINGLE ARBITRATOR PROCESS
SHALL BE CONCLUSIVE UPON THE PARTIES AS TO THE VALUE OF THE SERVICES IN
DISPUTE.
(C) If the parties fail to agree as to the chiropractic care rendered
under this chapter to a claimant, AND THE AMOUNT OF THE DISPUTED BILL
EXCEEDS ONE THOUSAND DOLLARS AND THE CHIROPRACTOR DOES NOT EXPRESSLY
REQUEST A SINGLE ARBITRATOR PROCESS IN ACCORDANCE WITH PARAGRAPH (B) OF
THIS SUBDIVISION, such value shall be decided by the chiropractic prac-
tice committee and the majority decision of such committee shall be
conclusive upon the parties as to the value of the services rendered.
(D) The board or the chair may make an award not in excess of the
established fee schedules for any such bill or part thereof which
remains unpaid in the same manner as an award for bills rendered under
subdivisions one and three of section thirteen-g of this article, and
such award may be collected in like manner as an award of compensation.
Where a chiropractor's bill has been determined to be due and owing in
accordance with the provisions of this section the board shall include
in the amount of the award interest of not more than one and one-half
percent (1 1/2%) per month payable to the chiropractor in accordance
with the rules and regulations promulgated by the board. The chair shall
assess the sum of fifty dollars against the employer for each such award
made by the board, which sum shall be paid into the state treasury.
(E) A provider initiating an arbitration, INCLUDING A SINGLE ARBITRA-
TOR PROCESS, pursuant to this section shall pay a fee, as determined by
regulations promulgated by the chair, to be used to cover the costs
related to the conduct of such arbitration. Upon resolution in favor of
such party, the amount due, based upon the bill in dispute, shall be
increased by the amount of the fee paid by such party. Where a partial
award is made, the amount due, based upon the bill in dispute, shall be
increased by a part of such fee.
S 7. Subdivision 7 of section 13-m of the workers' compensation law,
as amended by chapter 674 of the laws of 1994, paragraph (c) as amended
by chapter 639 of the laws of 1996, is amended to read as follows:
7. (a) The provisions of subdivisions one and three of section thir-
teen-g of this article with respect to the conditions under which a
hospital, physician or self-employed physical or occupational therapist
may request payment or arbitration of a bill, or under which an award
may be made for payment of such bill, shall be applicable to bills
rendered by a psychologist for services rendered to an injured employee.
(B) IF THE PARTIES FAIL TO AGREE AS TO THE PSYCHOLOGICAL CARE RENDERED
UNDER THIS CHAPTER TO A CLAIMANT, AND THE AMOUNT OF THE DISPUTED BILL IS
ONE THOUSAND DOLLARS OR LESS, OR WHERE THE AMOUNT OF THE DISPUTED BILL
EXCEEDS ONE THOUSAND DOLLARS AND THE PSYCHOLOGIST EXPRESSLY SO REQUESTS,
SUCH VALUE SHALL BE DECIDED BY A SINGLE ARBITRATOR PROCESS, PURSUANT TO
RULES PROMULGATED BY THE CHAIR. THE CHAIR SHALL APPOINT A MEMBER IN GOOD
S. 2605--B 101 A. 3005--B
STANDING OF A RECOGNIZED PROFESSIONAL ASSOCIATION REPRESENTING PSYCHOL-
OGISTS IN THE STATE OF NEW YORK TO DETERMINE THE VALUE OF SUCH DISPUTED
BILL. DECISIONS RENDERED UNDER THE SINGLE ARBITRATOR PROCESS SHALL BE
CONCLUSIVE UPON THE PARTIES AS TO THE VALUE OF THE SERVICES IN DISPUTE.
(C) If the parties fail to agree as to the psychological care rendered
under this chapter to a claimant, AND THE AMOUNT OF THE DISPUTED BILL
EXCEEDS ONE THOUSAND DOLLARS AND THE PSYCHOLOGIST DOES NOT EXPRESSLY
REQUEST A SINGLE ARBITRATOR PROCESS IN ACCORDANCE WITH PARAGRAPH (B) OF
THIS SUBDIVISION, such value shall be decided by the psychology practice
committee and the majority decision of such committee shall be conclu-
sive upon the parties as to the value of the services rendered.
(D) The board or the chair may make an award not in excess of the
established fee schedules for any such bill or part thereof which
remains unpaid in the same manner as an award for bills rendered under
subdivisions one and three of section thirteen-g of this article, and
such award may be collected in like manner as an award of compensation.
The chair shall assess the sum of fifty dollars against the employer for
each such award made by the board, which sum shall be paid into the
state treasury. [(b)] Where a psychologist's bill has been determined
to be due and owing in accordance with the provisions of this section
the board shall include in the amount of the award interest of not more
than one and one-half percent per month payable to the psychologist in
accordance with the rules and regulations promulgated by the board.
[(c)] (E) A provider initiating an arbitration, INCLUDING A SINGLE
ARBITRATOR PROCESS, pursuant to this section shall pay a fee, as deter-
mined by regulations promulgated by the chair, to be used to cover the
costs related to the conduct of such arbitration. Upon resolution in
favor of such party, the amount due, based upon the bill in dispute,
shall be increased by the amount of the fee paid by such party. Where a
partial award is made, the amount due, based upon the bill in dispute,
shall be increased by a part of such fee.
S 7-a. Paragraph (a) of subdivision 6 of section 15 of the workers'
compensation law, as amended by chapter 689 of the laws of 2007, is
amended to read as follows:
(a) Compensation for permanent or temporary total disability due to an
accident or disablement resulting from an occupational disease that
occurs, (1) on or after January first, nineteen hundred seventy-eight,
shall not exceed one hundred twenty-five dollars per week, that occurs
(2) on or after July first, nineteen hundred seventy-eight, shall not
exceed one hundred eighty dollars per week, that occurs (3) on or after
January first, nineteen hundred seventy-nine, shall not exceed two
hundred fifteen dollars per week, that occurs (4) on or after July
first, nineteen hundred eighty-three, shall not exceed two hundred
fifty-five dollars per week, that occurs (5) on or after July first,
nineteen hundred eighty-four, shall not exceed two hundred seventy-five
dollars per week, that occurs (6) on or after July first, nineteen
hundred eighty-five, shall not exceed three hundred dollars per week,
that occurs (7) on or after July first, nineteen hundred ninety, shall
not exceed three hundred forty dollars per week; and in the case of
temporary total disability shall not be less than thirty dollars per
week and in the case of permanent total disability shall not be less
than twenty dollars per week except that if the employee's wages at the
time of injury are less than thirty or twenty dollars per week respec-
tively, he or she shall receive his or her full weekly wages. Compen-
sation for permanent or temporary partial disability due to an accident
or disablement resulting from an occupational disease that occurs (1) on
S. 2605--B 102 A. 3005--B
or after January first, nineteen hundred seventy-eight, shall not exceed
one hundred five dollars per week, that occurs (2) on or after July
first, nineteen hundred eighty-three, shall not exceed one hundred twen-
ty-five dollars per week, that occurs (3) on or after July first, nine-
teen hundred eighty-four, shall not exceed one hundred thirty-five
dollars per week, that occurs (4) on or after July first, nineteen
hundred eighty-five, shall not exceed one hundred fifty dollars per
week, that occurs (5) on or after July first, nineteen hundred ninety,
shall not exceed two hundred eighty dollars per week; nor be less than
twenty dollars per week; except that if the employee's wages at the time
of injury are less than twenty dollars per week, he or she shall receive
his or her full weekly wages. In no event shall compensation when
combined with decreased earnings or earning capacity exceed the amount
of wages which the employee was receiving at the time the injury
occurred. Compensation for permanent or temporary partial disability, or
for permanent or temporary total disability due to an accident or disa-
blement resulting from an occupational disease that occurs (1) on or
after July first, nineteen hundred ninety-one and prior to July first,
nineteen hundred ninety-two, shall not exceed three hundred fifty
dollars per week; (2) on or after July first, nineteen hundred ninety-
two, shall not exceed four hundred dollars per week; nor be less than
forty dollars per week except that if the employee's wages at the time
of injury are less than forty dollars per week, the employee shall
receive his or her full wages. Compensation for permanent or temporary
partial disability, or for permanent or temporary total disability due
to an accident or disablement resulting from an occupational disease
that occurs (1) on or after July first, two thousand seven shall not
exceed five hundred dollars per week, (2) on or after July first, two
thousand eight shall not exceed five hundred fifty dollars per week, (3)
on or after July first, two thousand nine shall not exceed six hundred
dollars per week, and (4) on or after July first, two thousand ten, and
on or after July first of each succeeding year, shall not exceed two-
thirds of the New York state average weekly wage for the year in which
it is reported. Compensation for permanent or temporary partial disabil-
ity, or for permanent or temporary total disability due to an accident
or disablement resulting from an occupational disease that occurs on or
after July first, two thousand seven shall not be less than one hundred
dollars per week except that if the employee's wages at the time of
injury are less than one hundred dollars per week, the employee shall
receive his or her full wages. COMPENSATION FOR PERMANENT OR TEMPORARY
PARTIAL DISABILITY, OR FOR PERMANENT OR TEMPORARY TOTAL DISABILITY DUE
TO AN ACCIDENT OR DISABLEMENT RESULTING FROM AN OCCUPATIONAL DISEASE
THAT OCCURS ON OR AFTER MAY FIRST, TWO THOUSAND THIRTEEN SHALL NOT BE
LESS THAN ONE HUNDRED FIFTY DOLLARS PER WEEK EXCEPT THAT IF THE EMPLOY-
EE'S WAGES AT THE TIME OF INJURY ARE LESS THAN ONE HUNDRED FIFTY DOLLARS
PER WEEK, THE EMPLOYEE SHALL RECEIVE HIS OR HER FULL WAGES. In no event
shall compensation when combined with decreased earnings or earning
capacity exceed the amount of wages the employee was receiving at the
time the injury occurred. Compensation for permanent or temporary
partial disability, or for permanent or temporary total disability due
to an accident or disablement resulting from an occupational disease or
injury that occurred as a result of World Trade Center rescue activity
by an employee of a private voluntary hospital, who passed a physical
examination upon employment as a rescue worker that failed to reveal
evidence of a condition that was the proximate cause of disablement or
occupational disease or injury, shall not exceed three-quarters of a
S. 2605--B 103 A. 3005--B
claimant's wage on September eleventh, two thousand one. In no event
shall compensation when combined with decreased earnings or earning
capacity exceed the amount of wages the employee was receiving on
September eleventh, two thousand one.
S 8. Paragraph (h) of subdivision 8 of section 15 of the workers'
compensation law, as amended by chapter 6 of the laws of 2007, subpara-
graph 4 as amended by section 1 of part QQ of chapter 56 of the laws of
2009, the opening paragraph and clauses (A) and (B) of subparagraph 4 as
amended by section 1 of part G of chapter 57 of the laws of 2011, and
clause (B) of subparagraph 4 as further amended by section 104 of part A
of chapter 62 of the laws of 2011, is amended to read as follows:
(h) Special disability fund. (1) The fund heretofore maintained and
provided for by and pursuant to former subdivision eight of this
section, is hereby continued and shall retain the liabilities heretofore
charged or chargeable thereto under the provisions of such former subdi-
vision eight of this section as it existed immediately prior to the time
this subdivision, as hereby added, takes effect, and the liabilities
chargeable thereto under the provisions of former subdivision eight-a of
this section as added by chapter seven hundred forty-nine of the laws of
nineteen hundred forty-four and repealed at the same time this subdivi-
sion, as heretofore added, takes effect, and payments therefrom on
account of such liabilities shall continue to be made as provided here-
in. The said fund shall be known as the special disability fund and
shall be available only for the purposes stated in this subdivision, and
the assets thereof shall not at any time be appropriated or diverted to
any other use or purpose.
(2) (A) No carrier or employer, or the state insurance fund, may file
a claim for reimbursement from the special disability fund, for an inju-
ry or illness with a date of accident or date of disablement on or after
July first, two thousand seven. No carrier or employer, or the state
insurance fund, may file a claim for reimbursement from the special
disability fund after July first, two thousand ten, and no written
submissions or evidence in support of such a claim may be submitted
after that date.
(B) All requests for reimbursement from the special disability fund
with a date of injury or date of disablement prior to July first, two
thousand seven as to which the board has determined that the special
disability fund is liable must be submitted to the special disability
fund by the later of (i) one year after the expense has been paid, or
(ii) one year from the effective date of this paragraph.
[(C) All claims for reimbursement from the special disability fund
must be accompanied by a filing fee of two hundred fifty dollars, to be
deposited in the special disability fund. Upon any final ruling that a
claim is eligible for reimbursement from the fund, the fund will return
two hundred dollars of this fee to the claimant.]
(3) [The chair of the board shall, as soon as practicable after April
first, nineteen hundred forty-five, assess upon and collect from each
insurance carrier, including the state insurance fund and any county,
city, town, village or other political subdivision failing to secure
compensation pursuant to subdivision one or two of section fifty of this
chapter, a sum equal to one per centum of the total compensation paid by
such carrier in the year ending March thirty-first next preceding the
date of such assessment.
(4) As soon as practicable after May first in the year nineteen
hundred fifty-eight, and annually thereafter as soon as practicable
after January first in each succeeding year,] EFFECTIVE THE FIRST DAY OF
S. 2605--B 104 A. 3005--B
JANUARY, TWO THOUSAND FOURTEEN, AND ANNUALLY THEREAFTER, the chair of
the board shall [assess upon and] collect from all [self-insurers, the
state insurance fund, and all insurance carriers] AFFECTED EMPLOYERS (A)
a sum equal to one hundred fifty per centum of the total EXPECTED
disbursements made from the special disability fund during the [preced-
ing calendar] year (not including any disbursements made on account of
anticipated liabilities or waiver agreements funded by bond proceeds and
related earnings), less the ESTIMATED amount of the net assets in such
fund EXPECTED as of December thirty-first [of said preceding calendar
year,] and (B) a sum sufficient to cover debt service, and associated
costs (the "debt service assessment") to be paid during the calendar
year by the dormitory authority, as calculated in accordance with
subparagraph [five] FOUR of this paragraph. Such assessments shall be
[allocated to (i) self-insurers and the state insurance fund based upon
the proportion that the total compensation payments made by all self-in-
surers and the state insurance fund bore to the total compensation
payments made by all self-insurers, the state insurance fund, and all
insurance carriers, and (ii) insurance carriers based upon the propor-
tion that the total compensation payments made by all insurance carriers
bore to the total compensation payments by all self-insurers, the state
insurance fund and all insurance carriers during the fiscal year which
ended within said preceding calendar year. Insurance carriers and self-
insurers shall be liable for all such assessments regardless of the date
on which they came into existence, or whether they have made any claim
for reimbursement from the special disability fund. The portion of such
sum allocated to self-insurers and the state insurance fund that shall
be collected from each self-insurer and the state insurance fund shall
be a sum equal to the proportion of the amount which the total compen-
sation payments of each such self-insurer or the state insurance fund
bore to the total compensation payments made by all self-insurers and
the state insurance fund during the fiscal year which ended within said
preceding calendar year. The portion of such sum allocated to insurance
carriers that shall be collected from each insurance carrier shall be a
sum equal to that proportion of the amount which the total standard
premium by each such insurance carrier bore to the total standard premi-
um reported by all insurance carriers during the calendar year which
ended within said preceding fiscal year. The payments from the debt
service assessment, unless otherwise set forth in the special disability
fund financing agreement, are hereby pledged therefor and shall be
deemed the first monies received on account of assessments in each year.
For the purposes of this paragraph, "standard premium" shall mean the
premium as defined for the purposes of this assessment by the super-
intendent of financial services, in consultation with the chair of the
board and the workers' compensation rating board. An employer who has
ceased to be a self-insurer shall continue to be liable for any assess-
ments into said fund on account of any compensation payments made by him
or her on his or her account during such fiscal year, and the security
fund, created under the provisions of section one hundred seven of this
chapter, shall, in the event of the insolvency of any insurance company,
be liable for any assessments that would have been made against such
company except for its insolvency. No assessment shall be payable from
the aggregate trust fund, created under the provisions of section twen-
ty-seven of this article, but such fund shall continue to be liable for
all compensation that shall be payable under any award or order of the
board, the commuted value of which has been paid into such fund. Such
assessments when collected shall be deposited with the commissioner of
S. 2605--B 105 A. 3005--B
taxation and finance for the benefit of such fund. Unless otherwise
provided, such assessments, shall not constitute an element of loss for
the purpose of establishing rates for compensation insurance but shall
for the purpose of collection be treated as separate costs by carriers.
All insurance carriers and the state insurance fund, shall collect such
assessments, from their policyholders through a surcharge based on
premiums in accordance with rules set forth by the superintendent of
financial services in consultation with the New York workers' compen-
sation rating board and the chair of the board. Such surcharge shall be
considered as part of premium for purposes prescribed by law including,
but not limited to, computing premium tax, reporting to the superinten-
dent of financial services pursuant to section ninety-nine of this chap-
ter and section three hundred seven of the insurance law, determining
the limitation of expenditures for the administration of the state
insurance fund pursuant to section eighty-eight of this chapter and the
cancellation by an insurance carrier, including the state insurance
fund, of a policy for non-payment of premium. The provisions of this
paragraph shall not apply with respect to policies containing coverage
pursuant to subsection (j) of section three thousand four hundred twenty
of the insurance law relating to every policy providing comprehensive
personal liability insurance on a one, two, three or four family owner-
occupied dwelling. The state insurance fund shall notify its insureds
that such assessments, shall be, for the purpose of recoupment, treated
as separate costs, for the purpose of premiums billed on or after Octo-
ber first, nineteen hundred ninety-four. For the purposes of this
section, a "self-insurer" shall be: (i) an employer authorized to self-
insure under subdivision three of section fifty of this chapter, active
groups authorized pursuant to subdivision three-a of section fifty of
this chapter or a group of employers authorized to self-insure under
paragraph ten of subdivision three-a of section fifty of this chapter;
or (ii) a public employer authorized as set forth in paragraph a of
subdivision four of section fifty of this chapter to self-insure under
subdivision three, three-a or four of such section or article five of
this chapter, whether individually or as a group.
For the purposes of this paragraph, except as otherwise provided: the
term "insurance carrier" shall include only stock corporations, mutual
corporations and reciprocal insurers authorized to transact the business
of workers' compensation insurance in this state; the term "self-insur-
er" shall include any employer or group of employers permitted to pay
compensation directly under the provisions of subdivision three, three-a
or four of section fifty of this chapter.
The board is hereby authorized to issue credits or refunds as neces-
sary, in the case of overpayments made to the fund. An insurance carrier
that knowingly underreports premiums for the purposes of this section
shall be guilty of a class E felony.] INCLUDED IN THE ASSESSMENT RATE
ESTABLISHED PURSUANT TO SUBDIVISION TWO OF SECTION ONE HUNDRED FIFTY-ONE
OF THIS CHAPTER. SUCH ASSESSMENTS SHALL BE DEPOSITED WITH THE COMMIS-
SIONER OF TAXATION AND FINANCE AND TRANSFERRED TO THE BENEFIT OF SUCH
FUND FOLLOWING PAYMENT OF DEBT SERVICE AND ASSOCIATED COSTS, IF ANY,
PURSUANT TO SECTION ONE HUNDRED FIFTY-ONE OF THIS CHAPTER.
[(5)] (4) (A) The chair and the commissioner of taxation and finance
are authorized and directed to enter into a financing agreement with the
dormitory authority, to be known as the "special disability fund financ-
ing agreement." Such agreement shall set forth the process for calculat-
ing the annual debt service of the bonds issued by the dormitory author-
ity and any other associated costs. For purposes of this section,
S. 2605--B 106 A. 3005--B
"associated costs" may include a coverage factor, reserve fund require-
ments, all costs of any nature incurred by the dormitory authority in
connection with the special disability fund financing agreement or
pursuant thereto, the operating costs of the waiver agreement management
office, the costs of any independent audits undertaken under this
section, and any other costs for the implementation of this subparagraph
and the issuance of bonds by the dormitory authority, including interest
rate exchange payments, rebate payments, liquidity fees, credit provider
fees, fiduciary fees, remarketing, dealer, auction agent and related
fees and other similar bond-related expenses, unless otherwise funded.
By January first of each year, the dormitory authority shall provide to
the chair the calculation of the amount expected to be paid by the
dormitory authority in debt service and associated costs for purposes of
calculating the debt service assessment as set forth in subparagraph
[four] THREE of this paragraph. All monies received on account of any
assessment under subparagraph [four] THREE of this paragraph and this
subparagraph shall be applied in accordance with this subparagraph and
in accordance with the financing agreement until the financial obli-
gations of the dormitory authority in respect to its contract with its
bondholders are met and all associated costs payable to the dormitory
authority have been paid, notwithstanding any other provision of law
respecting secured transactions. This provision may be included by the
dormitory authority in any contract of the dormitory authority with its
bondholders.
The special disability fund financing agreement may restrict disburse-
ments, investments, or rebates, and may prescribe a system of accounts
applicable to the special disability fund, including custody of an
account with a trust indenture trustee that may be prescribed by the
dormitory authority as part of its contract with the bondholders. For
purposes of this paragraph, the term "bonds" shall include notes issued
in anticipation of the issuance of bonds, or notes issued pursuant to a
commercial paper program.
(B) The chair may conduct periodic audits of any EMPLOYER, self-insur-
er, insurance carrier and the state insurance fund concerning any infor-
mation or payment required under this [paragraph] CHAPTER, including any
information relevant to the payment or calculation of any assessments.
The EMPLOYER, self-insurer, insurance carrier and the state insurance
fund shall provide all necessary documents and information in relation
to an audit in a manner prescribed by the chair. Upon the determination
of the chair that [a] AN EMPLOYER, self-insurer, insurance carrier or
the state insurance fund has underpaid an assessment as a result of its
inaccurate reporting, the EMPLOYER, self-insurer, insurance carrier or
the state insurance fund upon notice from the chair, shall pay the full
amount of the underpaid assessment, along with interest at the rate of
nine per cent per annum on the unpaid assessment due not later than
thirty days after such notice. AN INSURANCE CARRIER OR EMPLOYER THAT
KNOWINGLY MISREPRESENTS INFORMATION FOR THE PURPOSE OF THIS SECTION
SHALL BE GUILTY OF A CLASS E FELONY.
[(6)] (5) The commissioner of taxation and finance is hereby author-
ized to receive and credit to such special disability fund any sum or
sums that may at any time be contributed to the state by the United
States of America under any act of congress, or otherwise, to which the
state may be or become entitled by reason of any payments made out of
such fund.
[(7)] (6) The commissioner of taxation and finance shall be the custo-
dian of said fund and, unless otherwise provided for in the special
S. 2605--B 107 A. 3005--B
disability fund financing agreement, shall invest any surplus or reserve
moneys thereof in securities which constitute legal investments for
savings banks under the laws of this state and in interest bearing
certificates of deposit of a bank or trust company located and author-
ized to do business in this state or of a national bank located in this
state secured by a pledge of direct obligations of the United States or
of the state of New York in an amount equal to the amount of such
certificates of deposit, and may sell any of the securities or certif-
icates of deposit in which such fund is invested if necessary for the
proper administration or in the best interest of such fund. Disburse-
ments from such fund as provided by this subdivision shall be made by
the commissioner of taxation and finance upon vouchers signed by the
chair of the board unless the financing agreement provides for some
other means of authorizing such disbursements that is no less protective
of the fund.
The commissioner of taxation and finance, as custodian of such fund,
annually as soon as practicable after January first, shall furnish to
the chair of the workers' compensation board a statement of the fund,
setting forth the balance of moneys in the said fund as of the beginning
of the calendar year, the income of the fund, the summary of payments
out of the fund on account of reimbursements and other charges ordered
to be paid by the board, and all other charges against the fund, and
setting forth the balance of the fund remaining to its credit on Decem-
ber thirty-first. Such statement shall be open to public inspection in
the office of the secretary of the board. The chair, not less than nine-
ty days after the issuance of the dormitory authority's annual audit,
shall furnish to the temporary president of the senate and the speaker
of the assembly the following reports on the special disability fund: a
revenue and operating expense statement; a financing plan; a report
concerning the assets and liabilities; the number of waiver agreements
entered into by the waiver agreement management office; the number of
claimants remaining in the fund; the estimated current unfunded liabil-
ity of the fund with respect to such claims; and a debt issuance report
including but not limited to (i) pledged assessment revenue and securi-
tization coverage, (ii) debt service maturities, (iii) interest rate
exchange or similar agreements, and (iv) financing and issuance costs.
The commissioner of taxation and finance may establish within the
special disability fund such accounts and sub-accounts as he or she
deems useful for the operation of the fund, or as necessary to segregate
moneys within the fund, subject to the provisions of the financing
agreement. The waiver agreement management office, as defined in section
thirty-two of this article, shall make application to the chair on a
quarterly basis for any administrative costs incurred by the office.
S 9. Paragraph (i) of subdivision 8 of section 15 of the workers'
compensation law, as amended by chapter 635 of the laws of 1996, is
amended to read as follows:
(i) When an application for apportionment of compensation is made
under this subdivision, the chair of the workers' compensation board
shall appoint [a representative of] AN ATTORNEY TO REPRESENT AND DEFEND
such fund in such proceedings[, but whenever it shall appear that,
through any committee, board or organization representative of the
interest of employers or insurance carriers, an attorney has been
appointed to act for and on behalf of such employers and insurance
carriers generally to represent such fund in any proceedings brought
hereunder, the chair of the board may designate such attorney as the
representative of such special disability fund in proceedings involving
S. 2605--B 108 A. 3005--B
claims against such fund]. Such [representative] ATTORNEY shall there-
after be given notice of all proceedings involving the rights or obli-
gations of such fund. Such [representative] ATTORNEY may apply to the
chair of the board for authority to hire such medical and other experts
and to defray the expense thereof and of such witnesses as may be neces-
sary to a proper defense of any claim, within an amount in the
discretion of the chair and, if authorized, such amount shall be a
charge against such special disability fund.
The provisions of this chapter with respect to procedure, except as
may be otherwise provided in this subdivision, and the right of appeal
shall be preserved to the claimant and to the employer or his insurance
carrier and to such fund through its [representative and] attorney as
herein provided.
S 10. Section 23 of the workers' compensation law, as amended by chap-
ter 6 of the laws of 2007, is amended to read as follows:
S 23. Appeals. An award or decision of the board shall be final and
conclusive upon all questions within its jurisdiction, as against the
state fund or between the parties, unless reversed or modified on appeal
therefrom as hereinafter provided. Any party may within thirty days
after notice of the filing of an award or decision of a referee, file
with the board an application in writing for a modification or rescis-
sion or review of such award or decision, as provided in this chapter.
The board shall render its decision upon such application in writing and
shall include in such decision a statement of the facts which formed the
basis of its action on the issues raised before it on such application.
Within thirty days after notice of the decision of the board upon such
application has been served upon the parties, or within thirty days
after notice of an administrative redetermination review decision by the
chair pursuant to subdivision five of section fifty-two, section one
hundred thirty-one or section one hundred forty-one-a of this chapter
has been served upon any party in interest, an appeal may be taken ther-
efrom to the appellate division of the supreme court, third department,
by any party in interest, including an employer insured in the state
fund; provided, however, that [if the decision or determination was that
of a panel of the board and there was a dissent from such decision or
determination other than a dissent the sole basis of which is to refer
the case to an impartial specialist,] any party in interest may within
thirty days after notice of the filing of the board panel's decision
with the secretary of the board, make application in writing for review
thereof by the full board, [and] RAISING ARGUMENTS RELATIVE TO THE
ALLEGED DEFICIENCIES OF THE BOARD PANEL DECISION. IF THE DECISION OR
DETERMINATION WAS THAT OF A PANEL OF THE BOARD AND THERE WAS A DISSENT
FROM SUCH DECISION OR DETERMINATION OTHER THAN A DISSENT THE SOLE BASIS
OF WHICH IS TO REFER THE CASE TO AN IMPARTIAL SPECIALIST, the full board
shall review and affirm, modify or rescind such decision or determi-
nation in the same manner as herein above provided for an award or deci-
sion of a referee. IF THE DECISION OR DETERMINATION WAS THAT OF A UNAN-
IMOUS PANEL OF THE BOARD, OR THERE WAS A DISSENT FROM SUCH DECISION OR
DETERMINATION THE SOLE BASIS OF WHICH IS TO REFER THE CASE TO AN IMPAR-
TIAL SPECIALIST, THE CHAIR AND OR THE FULL BOARD MAY IN ITS SOLE
DISCRETION REVIEW AND AFFIRM, MODIFY OR RESCIND SUCH DECISION OR DETER-
MINATION IN THE SAME MANNER AS HEREIN ABOVE PROVIDED FOR AN AWARD OR
DECISION OF A REFEREE. Failure to apply for review by the full board
shall not bar any party in interest from taking an appeal directly to
the court as above provided. The board may also, in its discretion
certify to such appellate division of the supreme court, questions of
S. 2605--B 109 A. 3005--B
law involved in its decision. Such appeals and the question so certified
shall be heard in a summary manner and shall have precedence over all
other civil cases in such court. The board shall be deemed a party to
every such appeal from its decision upon such application, and the chair
shall be deemed a party to every such appeal from an administrative
redetermination review decision pursuant to subdivision five of section
fifty-two of this chapter. The attorney general shall represent the
board and the chair thereon. An appeal may also be taken to the court of
appeals in the same manner and subject to the same limitations not
inconsistent herewith as is now provided in the civil practice law and
rules. It shall not be necessary to file exceptions to the rulings of
the board. An appeal to the appellate division of the supreme court,
third department, or to the court of appeals, shall not operate as a
stay of the payment of compensation required by the terms of the award
or of the payment of the cost of such medical, dental, surgical, optome-
tric or other attendance, treatment, devices, apparatus or other neces-
sary items the employer is required to provide pursuant to section thir-
teen of this article which are found to be fair and reasonable. Where
such award is modified or rescinded upon appeal, the appellant shall be
entitled to reimbursement in a sum equal to the compensation in dispute
paid to the respondent in addition to a sum equal to the cost of such
medical, dental, surgical, optometric or other attendance, treatment,
devices, apparatus or other necessary items the employer is required to
provide pursuant to section thirteen of this article paid by the appel-
lant pending adjudication of the appeal. Such reimbursement shall be
paid from administration expenses as provided in section one hundred
fifty-one of this chapter upon audit and warrant of the comptroller upon
vouchers approved by the chair. Where such award is subject to the
provisions of section twenty-seven of this article, the appellant shall
pay directly to the claimant all compensation as it becomes due during
the pendency of the appeal, and upon affirmance shall be entitled to
credit for such payments. Neither the chair, the board, the commission-
ers of the state insurance fund nor the claimant shall be required to
file a bond upon an appeal to the court of appeals. Upon final determi-
nation of such an appeal, the board or chair, as the case may be, shall
enter an order in accordance therewith. Whenever a notice of appeal is
served or an application made to the board by the employer or insurance
carrier for a modification or rescission or review of an award or deci-
sion, and the board shall find that such notice of appeal was served or
such application was made for the purpose of delay or upon frivolous
grounds, the board shall impose a penalty in the amount of five hundred
dollars upon the employer or insurance carrier, which penalty shall be
added to the compensation and paid to the claimant. The penalties
provided herein shall be collected in like manner as compensation. A
party against whom an award of compensation shall be made may appeal
from a part of such award. In such a case the payment of such part of
the award as is not appealed from shall not prejudice any rights of such
party on appeal, nor be taken as an admission against such party. Any
appeal by an employer from an administrative redetermination review
decision pursuant to subdivision five of section fifty-two of this chap-
ter shall in no way serve to relieve the employer from the obligation to
timely pay compensation and benefits otherwise payable in accordance
with the provisions of this chapter.
Nothing [herein] contained IN THIS SECTION shall be construed to
inhibit the continuing jurisdiction of the board as provided in section
one hundred twenty-three of this chapter.
S. 2605--B 110 A. 3005--B
S 11. Paragraph (d) of subdivision 2-c of section 25 of the workers'
compensation law, as added by chapter 491 of the laws of 1995, is
amended to read as follows:
(d) The determination of an arbitrator or mediator pursuant to an
alternative dispute resolution procedure pertaining to the resolution of
claims arising under this chapter shall not be reviewable by the work-
ers' compensation board, and the venue for any appeal shall be to a
court of competent jurisdiction in accordance with section twenty-three
of this chapter AND THE STANDARD OF REVIEW SHALL BE THE SAME AS FOR ANY
OTHER WORKERS' COMPENSATION CASE ON APPEAL.
S 12. The opening paragraph of subdivision 2 of section 142 of the
workers' compensation law, as amended by chapter 608 of the laws of
1989, is amended to read as follows:
Any review, hearing, rehearing, inquiry or investigation required or
authorized to be conducted or made by the workers' compensation board
may be conducted or made by any panel of the board consisting of not
less than three members thereof, and the order, decision or determi-
nation of a majority of the members of a panel shall be deemed the
order, decision or determination of the board from the date of filing
thereof with the secretary of the board, unless the board on its own
motion, or on application by a party in interest for a full board review
MADE IN ACCORDANCE WITH SECTION TWENTY-THREE OF THIS CHAPTER, shall
modify or rescind such order, decision or determination. Four panels
shall be constituted at all times, and the chair shall assign the
members to the panels upon which they shall serve. At least one member
on each panel shall be an attorney and counsellor-at-law, but the
absence of an attorney on any panel shall not invalidate the order,
decision or determination of a majority of the members of the panel if
at least two affirmative votes are cast in favor of such action. The
panels shall be constituted so that the members of the board shall
alternate in their periods of service together thereon. Whenever a
number of proceedings remains pending before the board for a period in
excess of thirty days, members of the board shall hold hearings and
otherwise act in the discharge of their duties evenings and at other
convenient times on all days of the week except Sundays, in addition to
the times when they would perform such duties in the ordinary conduct of
the business of the board, in order to expedite the disposal thereof.
The chair may and shall, when directed by the governor, prescribe the
hours and the times for such additional performance of duty by the
members of the board and the period or periods for the continuance ther-
eof.
S 13. Subdivisions 1, 3 and 5 of section 25-a of the workers' compen-
sation law, subdivisions 1 and 5 as amended by chapter 113 of the laws
of 1946, subdivision 3 as amended by chapter 6 of the laws of 2007, and
the second and third undesignated paragraphs of subdivision 3 as further
amended by section 104 of part A of chapter 62 of the laws of 2011, are
amended to read as follows:
1. Notwithstanding other provisions of this chapter, when an applica-
tion for compensation is made by an employee or for death benefits in
behalf of the dependents of a deceased employee, and the employer has
secured the payment of compensation in accordance with section fifty of
this chapter, (1) after a lapse of seven years from the date of the
injury or death and claim for compensation previously has been disal-
lowed or claim has been otherwise disposed of without an award of
compensation, or (2) after a lapse of seven years from the date of the
injury or death and also a lapse of three years from the date of the
S. 2605--B 111 A. 3005--B
last payment of compensation, or (3) where death resulting from the
injury shall occur after the time limited by the foregoing provisions of
(1) or (2) shall have elapsed, subject to the provisions of section one
hundred [and] twenty-three of this chapter, testimony may be taken,
either directly or through a referee and if an award is made it shall be
against the special fund provided by this section. Such an application
for compensation or death benefits must be made on a form prescribed by
the [chairman] CHAIR for that purpose and must, if a change in condition
is claimed, be accompanied by a verified medical or surgical report
setting forth facts on which the board may order a hearing.
1-A. Any award which shall be made against such special fund after the
effective date of this act upon such an application for compensation or
death benefits shall not be retroactive for a period of disability or
for death benefits longer than the two years immediately preceding the
date of filing of such application. NO APPLICATION BY A SELF-INSURED
EMPLOYER OR AN INSURANCE CARRIER FOR TRANSFER OF LIABILITY OF A CLAIM TO
THE FUND FOR REOPENED CASES SHALL BE ACCEPTED BY THE BOARD ON OR AFTER
THE FIRST DAY OF JANUARY, TWO THOUSAND FOURTEEN EXCEPT THAT THE BOARD
MAY MAKE A FINDING AFTER SUCH DATE PURSUANT TO SECTION TWENTY-THREE OF
THIS ARTICLE UPON A TIMELY APPLICATION FOR REVIEW.
3. Any awards so made shall be payable out of the special fund hereto-
fore created for such purpose, which fund is hereby continued and shall
be known as the fund for reopened cases. The employer, or, if insured,
his insurance carrier shall pay into such fund, or, in the case of
awards made on or after July first, nineteen hundred sixty-nine, either
into such fund or the uninsured employers' fund under section twenty-
six-a of this article in accordance with the provisions thereof, for
every case of injury causing death for which there are no persons enti-
tled to compensation the sum of three hundred dollars where such injury
occurred prior to July first, nineteen hundred forty and the sum of one
thousand dollars where such injury shall occur on or after said date and
prior to April first, nineteen hundred forty-five, and the sum of
fifteen hundred dollars where such injury shall occur on or after April
first, nineteen hundred forty-five and prior to September first, nine-
teen hundred seventy-eight and the sum of three thousand dollars where
such injury shall occur on or after September first, nineteen hundred
seventy-eight, and in each case of death resulting from injury sustained
on or after July first, nineteen hundred forty and prior to September
first, nineteen hundred seventy-eight, where there are persons entitled
to compensation but the total amount of such compensation is less than
two thousand dollars exclusive of funeral benefits, the employer, or, if
insured, his insurance carrier, shall pay into such fund, or, in the
case of awards made on or after July first, nineteen hundred sixty-nine
and prior to September first, nineteen hundred seventy-eight, either
into such fund or the uninsured employers' fund under section twenty-
six-a of this article in accordance with the provisions thereof, the
difference between the sum of two thousand dollars and the compensation,
exclusive of funeral benefits, and in each case of death resulting from
injury sustained on or after September first, nineteen hundred seventy-
eight, the employer, or if insured, his insurance carrier shall pay into
such fund or the uninsured employers' fund under section twenty-six-a of
this article in accordance with the provisions thereof, the difference
between the sum of five thousand dollars and the compensation, exclusive
of funeral benefits actually paid to or for the dependents of the
deceased employee together with any expense charge required by section
twenty-seven of this article; provided, however, that where death shall
S. 2605--B 112 A. 3005--B
occur subsequent to the periods limited by subdivision one of this
section no payment into such special fund nor to the special fund
provided by subdivision nine of section fifteen nor to the uninsured
employers' fund provided by section twenty-six-a of this article shall
be required. In addition to the assessments made against all insurance
carriers for the expenses of administering this chapter provided for
under the provisions of section one hundred fifty-one of this chapter,
and the payments above provided, the employer, or, if insured, his
insurance carrier, shall pay the sum of five dollars into said fund for
each case in which an award is made pursuant to the provisions of para-
graphs a to s inclusive of subdivision three of section fifteen of this
chapter, by reason of injury sustained between July first, nineteen
hundred forty and June thirtieth, nineteen hundred forty-two, both dates
inclusive, and the sum of ten dollars for each such case by reason of
injury sustained between July first, nineteen hundred forty-two and June
thirtieth, nineteen hundred fifty, both dates inclusive, which payment
shall be in addition to any payment of compensation to the injured
employee as provided in this chapter.
There shall be maintained in the special fund at all times assets at
least equal in value to the sum of (1) the value of awards charged
against such fund, (2) the value of all claims that have been reopened
by the board as a charge against such fund but as to which awards have
not yet been made, (3) effective January first, nineteen hundred seven-
ty-one, the VALUE OF total supplemental benefits TO BE paid from such
fund as reimbursement pursuant to subdivision nine of this section
[during the calendar year immediately preceding], and (4) a reserve
equal to ten per cent of the sum of items (1) [and], (2) AND (3) of this
paragraph. [For the purpose of accumulating funds for the payment of
supplemental benefits pursuant to subdivision nine of this section, the
chairman shall impose against all carriers an assessment in the sum of
five million dollars to be collected in the respective proportions
established in the fiscal year commencing April first, nineteen hundred
sixty-eight, under the provisions of section one hundred fifty-one of
this chapter for each carrier.] Annually, as soon as practicable after
January first in each year, the [chairman] CHAIR shall ascertain the
condition of the fund and whenever the assets shall fall below the
prescribed minimum as herein provided the [chairman] CHAIR shall [assess
and] collect [from all insurance carriers, in the respective proportions
established in the prior fiscal year under the provisions of section one
hundred fifty-one of this chapter for each carrier,] an amount suffi-
cient to restore the fund to the prescribed minimum. [The chairman
before making an assessment as provided in this section shall give thir-
ty days' notice to the representative of the fund, designated pursuant
to subdivision five of this section, that an itemized statement of the
condition of the fund is open for his inspection. The superintendent of
financial services may examine into the condition of the fund at any
time on his own initiative or on request of the chairman or represen-
tative of the fund.
Such assessment and the payments made into said fund shall not consti-
tute an element of loss for the purpose of establishing rates for work-
ers' compensation insurance as provided in the insurance law but shall
for the purpose of recoupment be treated as separate costs by carriers.
Carriers shall assess such costs on their policyholders in accordance
with rules set forth by the New York workers' compensation rating board,
as approved by the superintendent of financial services.] COMMENCING ON
THE FIRST OF JANUARY, TWO THOUSAND FOURTEEN, THE AMOUNT COLLECTED FROM
S. 2605--B 113 A. 3005--B
ALL EMPLOYERS REQUIRED TO OBTAIN WORKERS' COMPENSATION COVERAGE TO MAIN-
TAIN THE FINANCIAL INTEGRITY OF THE FUND MAY BE PAID OVER A PERIOD OF
TIME AT THE DISCRETION OF THE CHAIR BASED UPON AN ANALYSIS OF THE FINAN-
CIAL CONDITION OF THE FUND. SUCH PAYMENT AS DETERMINED BY THE CHAIR
SHALL BE INCLUDED IN THE ASSESSMENT RATE ESTABLISHED PURSUANT TO SUBDI-
VISION TWO OF SECTION ONE HUNDRED FIFTY-ONE OF THIS CHAPTER. THE CHAIR
SHALL PROMULGATE REGULATIONS TO ADMINISTER CLAIMS WHOSE LIABILITY HAS
BEEN TRANSFERRED TO THE FUND FOR REOPENED CASES. SUCH REGULATIONS MAY
INCLUDE EXERCISE OF THE CHAIR'S AUTHORITY TO ADMINISTER EXISTING CLAIMS,
TO PROCURE MANAGEMENT FOR THOSE CLAIMS, OR TO SELL SUCH LIABILITY. THE
CHAIR MAY EXAMINE INTO THE CONDITION OF THE FUND AT ANY TIME ON HIS OR
HER OWN INITIATIVE OR ON REQUEST OF THE ATTORNEY OF THE FUND.
The provisions of this subdivision shall not apply with respect to
policies containing coverage pursuant to section thirty-four hundred
twenty of the insurance law relating to every policy providing compre-
hensive personal liability insurance on a one, two, three or four family
owner-occupied dwelling.
5. [When an application] FOR APPLICATIONS BY SELF-INSURED EMPLOYERS OR
INSURANCE CARRIERS FOR TRANSFER OF LIABILITY for compensation [is made]
TO THE FUND FOR REOPENED CASES under this section, RECEIVED BY THE BOARD
PRIOR TO THE FIRST DAY OF JANUARY, TWO THOUSAND FOURTEEN, the [chairman]
CHAIR shall appoint [a representative of such fund] AN ATTORNEY in such
proceedings [and, insofar as practicable, such representative shall be a
person designated by the employer originally liable for the payment of
compensation, or his insurance carrier, but whenever it shall appear to
the chairman that through any committee, board or organization or repre-
sentative of the interest of the insurance carriers an attorney has been
appointed to act for and on behalf of such carriers generally to repre-
sent such fund in any proceedings brought hereunder, the chairman shall
designate such attorney as the representative of the] TO REPRESENT SUCH
fund in proceedings brought to enforce a claim against such fund. Such
[representative] ATTORNEY may apply to the [chairman] CHAIR for authori-
ty to hire such medical or other experts and to defray the expense ther-
eof and of such witnesses as are necessary to a proper defense of the
application within an amount in the discretion of the [chairman] CHAIR
and, if authorized, it shall be a charge against the special fund
provided herein.
S 14. Subdivision 1 of section 27 of the workers' compensation law, as
amended by chapter 192 of the laws of 1949, is amended to read as
follows:
1. All payments made into the fund pursuant to the provisions of this
section shall constitute an indivisible and aggregate trust fund except
as hereinafter provided. NOTWITHSTANDING ANY OTHER PROVISIONS OF THIS
CHAPTER, THE BOARD SHALL NOT DIRECT A MANDATORY DEPOSIT ON OR AFTER THE
EFFECTIVE DATE OF THE CHAPTER OF THE LAWS OF TWO THOUSAND THIRTEEN WHICH
AMENDED THIS SUBDIVISION. THE CARRIER SHALL MAKE A MANDATORY DEPOSIT
INTO THE FUND AS DIRECTED IN A BOARD DECISION FILED PRIOR TO THE EFFEC-
TIVE DATE OF THE CHAPTER OF THE LAWS OF TWO THOUSAND THIRTEEN WHICH
AMENDED THIS SUBDIVISION, IN THE AMOUNT SET FORTH IN A SUPPLEMENTAL
BOARD DECISION OF ANY DATE. THE CARRIER IS RESPONSIBLE FOR PAYMENTS TO
THE CLAIMANT AS DIRECTED UNTIL THE DEPOSIT IS MADE INTO THE FUND. IF THE
INSURANCE CARRIER SHALL FAIL TO MAKE A TIMELY MANDATORY DEPOSIT INTO THE
FUND THE CHAIR MAY IMPOSE A PENALTY EQUAL TO TWENTY PERCENT OF THE
UNPAID MANDATORY DEPOSIT AMOUNT WHICH SHALL BE PAID TO THE INJURED WORK-
ER OR HIS OR HER DEPENDENTS, AND THERE SHALL ALSO BE IMPOSED AN ASSESS-
MENT OF FIFTY DOLLARS, WHICH SHALL BE PAID INTO THE STATE TREASURY.
S. 2605--B 114 A. 3005--B
S 15. Subdivision 7 of section 27 of the workers' compensation law is
REPEALED and a new subdivision 7 is added to read as follows:
7. FOR THE PURPOSES OF INSURING THE SOLVENCY OF THE AGGREGATE TRUST
FUND SUBSEQUENT TO THE FIRST DAY OF JANUARY, TWO THOUSAND FOURTEEN, THE
CHAIR MAY INCLUDE IN ITS COLLECTION OF ADMINISTRATION EXPENSES PURSUANT
TO SECTION ONE HUNDRED FIFTY-ONE OF THIS CHAPTER SUCH ADDITIONAL ASSESS-
MENT NECESSARY TO ENABLE THE AGGREGATE TRUST FUND TO MEET ITS OBLI-
GATIONS UNDER THIS SECTION FOR A PERIOD OF TIME NOT TO EXTEND TEN YEARS
FROM THE EFFECTIVE DATE OF THIS SUBDIVISION. IN THE EVENT THAT THE
AGGREGATE TRUST FUND DOES NOT HAVE THE ASSETS SUFFICIENT TO MEET ITS
OBLIGATIONS AFTER SUCH TEN YEAR PERIOD, THE FINANCIAL SHORTFALL SHALL
BECOME THE LIABILITY OF THE WORKERS' COMPENSATION SECURITY FUND PURSUANT
TO THE PROVISIONS OF SECTION ONE HUNDRED NINE-C OF THIS CHAPTER.
S 16. Subdivision (e) of section 32 of the workers' compensation law,
as added by chapter 6 of the laws of 2007, is amended to read as
follows:
(e) The chair shall establish an office under his or her supervision
to be known as the "waiver agreement management office," to negotiate
and seek board approval for waiver agreements on behalf of the special
disability fund. The office shall operate in accordance with guidelines
or directives that the chair may issue, as approved by the special disa-
bility fund advisory committee, or in the absence of such guidelines or
directives, using such discounting factors as the office determines are
in the financial interest of the special disability fund. The waiver
agreement management office on behalf of the special disability fund may
enter into a waiver agreement with a claimant only when the special
disability fund has been found liable by the board to reimburse the
claimant's employer, insurance carrier or the state insurance fund.
Notwithstanding any other provisions of law, no consultation or approval
of any employer, insurance carrier, self-insurer[,] OR the state insur-
ance fund[, or the special funds conservation committee] shall be
required before such office may enter into any waiver agreement, or
before the board may approve such waiver agreement. The chair may, in
his or her discretion, and as approved by the special disability fund
advisory committee, terminate the operation of the waiver agreement
management office, if he or she believes it no longer serves the inter-
est of the special disability fund.
S 17. Clause 2 of subparagraph (a) of paragraph 10 of subdivision
3-a of section 50 of the workers' compensation law, as added by section
4 of part G of chapter 57 of the laws of 2011, is amended to read as
follows:
(2) The members of the group, through the administrator, (a) jointly
deposit sufficient securities in accordance with subdivision three of
this section [as] OR IN A TRUST GOVERNED IN ACCORDANCE WITH PART 126 OF
TITLE 11 OF THE NEW YORK CODE OF RULES AND REGULATIONS to secure the
liability of the members of the group to pay for all existing claims
obligations, provided such deposit shall be made by November first, two
thousand eleven, (b) jointly deposit sufficient securities in accordance
with subdivision three of this section [as] OR IN A TRUST GOVERNED IN
ACCORDANCE WITH PART 126 OF TITLE 11 OF THE NEW YORK CODE OF RULES AND
REGULATIONS to secure all anticipated present and future claims of the
members of the group, by November first, two thousand fourteen, provided
annual deposits are made in accordance with a schedule set by the chair
on or before November first of each year, and provided that the deposit
shall be deemed an asset of the group for the purpose of determining its
funding status, and (c) by November first, two thousand eleven and ther-
S. 2605--B 115 A. 3005--B
eafter, shall maintain funds sufficient for all other liabilities
besides claims[, including reserves for all assessment liabilities,] in
a trust governed in accordance with Part 126 of title 11 of the New York
code of rules and regulations, of which the board shall be the sole
beneficiary, and the terms of the trust agreement, and the trustee,
shall be approved by the chair in his or her sole discretion, and
provided that any group self-insurer that does not hold such funds in a
trust that meets the terms of this paragraph shall post them with the
board;
S 18. Section 50-a of the workers' compensation law, as added by chap-
ter 139 of the laws of 2008, subdivision 2 as amended by section 1 of
part R of chapter 56 of the laws of 2010 and subdivision 3 as amended by
section 1 of part R of chapter 55 of the laws of 2012, is amended to
read as follows:
S 50-a. [Group self-insurer default] SELF-INSURER offset fund. 1. The
chair shall [create] MAINTAIN a fund to be known as the [group] self-in-
surer [default] offset fund and such fund shall be held in the sole
custody of the chair. The chair may transfer the money in such fund to
the administrative account as necessary to effectuate the purpose of
this section. The chair shall use the money in the fund to pay UNMET
claims for [defaulted group] self-insurers[, where sufficient moneys for
such payment have not been collected or are not anticipated to be
collected from members of a defaulted group self-insurer, or to offset
such amount against any assessment it would otherwise impose against
private individual and group self-insurers under paragraph (g) of subdi-
vision five of section fifty of this article].
2. At any time prior to April first, two thousand eleven, the chair
may withdraw funds from the uninsured employers fund provided for under
section twenty-six-a of this chapter, up to such amount as the chair
determines is sufficient to fund any anticipated additional expenses of
such fund, taking into account anticipated available revenues, but in no
event to exceed seventy-five million dollars in the aggregate. Such
funds shall be deposited into the [group] self-insurer offset fund, and
used in accordance with subdivision one of this section. As consistent
with this section, the chair may set the timing of such withdrawals in
its discretion.
3. Beginning in two thousand fifteen, and each year thereafter, the
chair shall add to the total of each annual assessment made under para-
graph g of subdivision five of section fifty of this article the sum of
up to three million dollars, to be allocated to private group and indi-
vidual self-insurers in accordance with such paragraph. The chair shall
assess additional funds under this paragraph as necessary to insure that
there are sufficient funds in the fund for uninsured employers to meet
its liabilities, or if necessary in accordance with section one hundred
fifty-one of this chapter. Such funds as are collected pursuant to this
subdivision shall be deposited into the uninsured employer fund until
all funds withdrawn therefrom under subdivision one of this section are
returned with interest calculated at an annual rate equal to the rate of
return on funds in the fund for uninsured employers from the prior year.
4. At such time as the board is not obligated to pay any UNMET claims
[arising out] of a [defaulted] self-insurer, the fund created under this
section shall be closed, and any money remaining in the fund shall be
deposited into the uninsured employer fund.
S 19. Subdivision 5 of section 52 of the workers' compensation law, as
amended by chapter 139 of the laws of 2008, is amended to read as
follows:
S. 2605--B 116 A. 3005--B
5. The chair, upon finding that an employer has failed for a period of
not less than ten consecutive days to make the provision for payment of
compensation required by section fifty of this article, may impose upon
such employer, in addition to all other penalties, fines or assessments
provided for in this chapter, a penalty of UP TO two thousand dollars
for each ten day period of non-compliance or a sum not in excess of two
times the cost of compensation for its payroll for the period of such
failure, which sum shall be paid into the uninsured employers' fund
created under section twenty-six-a of this chapter. When an employer
fails to provide business records sufficient to enable the chair to
determine the employer's payroll for the period requested for the calcu-
lation of the penalty provided in this section, the imputed weekly
payroll for each employee, corporate officer, sole proprietor, or part-
ner shall be the New York state average weekly wage, multiplied by 1.5.
Where the employer is a corporation, the president, secretary and treas-
urer thereof shall be liable for the penalty. If the employer shall
within thirty days after notice of the imposition of a penalty by the
chair pursuant to this subdivision make an application in affidavit form
for a redetermination review of such penalty the [chairman] CHAIR shall
make a decision in writing on the issues raised on such application.
S 20. Section 87 of the workers' compensation law, as amended by chap-
ter 635 of the laws of 1996, subdivision 1 as amended by chapter 6 of
the laws of 2007, subdivision 1, paragraph (a) of subdivision 2 and
subdivision 3 as further amended by section 104 of part A of chapter 62
of the laws of 2011, is amended to read as follows:
S 87. Investment of surplus or reserve. 1. Any of the [surplus or]
reserve funds belonging to the state insurance fund, by order of the
commissioners, approved by the superintendent of financial services, may
be invested in the types of securities described in subdivisions one,
two, three, four, five, six, eleven, twelve, twelve-a, thirteen, four-
teen, fifteen, nineteen, twenty, twenty-one, twenty-one-a, twenty-four,
twenty-four-a, twenty-four-b, twenty-four-c and twenty-five of section
two hundred thirty-five of the banking law or[, up to fifty percent of
such surplus or reserve funds, in the types of securities or investments
described] in [paragraphs] PARAGRAPH two[, three, eight and ten] of
subsection (a) of section one thousand four hundred four of the insur-
ance law except that up to [ten] FIVE percent of [the surplus and] SUCH
reserve funds [belonging to the state insurance fund that] may be
invested in the securities of any solvent American institution [or of an
investment company] as described in such [paragraphs may be invested]
PARAGRAPH irrespective of the rating of such institution's obligations
or other similar qualitative standards described [in paragraphs two,
three, eight and ten of such subsection, but shall not include any
derivative instrument or derivative transaction or any investment found
by the superintendent of financial services to be against public policy.
Any of the surplus or reserve funds belonging to the state insurance
fund, upon like approval of the superintendent of financial services,
may be loaned on the pledge of any such securities. The commissioners,
upon like approval of the superintendent of financial services, may also
sell any of such securities or investments] THEREIN.
2. ANY OF THE SURPLUS FUNDS BELONGING TO THE STATE INSURANCE FUND, BY
ORDER OF THE COMMISSIONERS, APPROVED BY THE SUPERINTENDENT OF FINANCIAL
SERVICES, MAY BE INVESTED IN THE TYPES OF SECURITIES DESCRIBED IN SUBDI-
VISIONS ONE, TWO, THREE, FOUR, FIVE, SIX, ELEVEN, TWELVE, TWELVE-A,
THIRTEEN, FOURTEEN, FIFTEEN, NINETEEN, TWENTY, TWENTY-ONE, TWENTY-ONE-A,
TWENTY-FOUR, TWENTY-FOUR-A, TWENTY-FOUR-B, TWENTY-FOUR-C AND TWENTY-FIVE
S. 2605--B 117 A. 3005--B
OF SECTION TWO HUNDRED THIRTY-FIVE OF THE BANKING LAW OR, UP TO FIFTY
PERCENT OF SURPLUS FUNDS, IN THE TYPES OF SECURITIES OR INVESTMENTS
DESCRIBED IN PARAGRAPHS TWO, THREE, EIGHT AND TEN OF SUBSECTION (A) OF
SECTION ONE THOUSAND FOUR HUNDRED FOUR OF THE INSURANCE LAW, EXCEPT THAT
UP TO TEN PERCENT OF SURPLUS FUNDS MAY BE INVESTED IN THE SECURITIES OF
ANY SOLVENT AMERICAN INSTITUTION AS DESCRIBED IN SUCH PARAGRAPHS IRRE-
SPECTIVE OF THE RATING OF SUCH INSTITUTION'S OBLIGATIONS OR OTHER SIMI-
LAR QUALITATIVE STANDARDS DESCRIBED THEREIN, AND UP TO FIFTEEN PERCENT
OF SURPLUS FUNDS IN SECURITIES OR INVESTMENTS WHICH DO NOT OTHERWISE
QUALIFY FOR INVESTMENT UNDER THIS SECTION AS SHALL BE MADE WITH THE
CARE, PRUDENCE AND DILIGENCE UNDER THE CIRCUMSTANCES THEN PREVAILING
THAT A PRUDENT PERSON ACTING IN A LIKE CAPACITY AND FAMILIAR WITH SUCH
MATTERS WOULD USE IN THE CONDUCT OF AN ENTERPRISE OF A LIKE CHARACTER
AND WITH LIKE AIMS AS PROVIDED FOR THE STATE INSURANCE FUND UNDER THIS
ARTICLE. NOTWITHSTANDING ANY OTHER PROVISION IN THIS SUBDIVISION, THE
AGGREGATE AMOUNT THAT THE STATE INSURANCE FUND MAY INVEST IN THE TYPES
OF SECURITIES OR INVESTMENTS DESCRIBED IN PARAGRAPHS THREE, EIGHT AND
TEN OF SUBSECTION (A) OF SECTION ONE THOUSAND FOUR HUNDRED FOUR OF THE
INSURANCE LAW AND AS A PRUDENT PERSON ACTING IN A LIKE CAPACITY WOULD
INVEST AS PROVIDED IN THIS SUBDIVISION SHALL NOT EXCEED FIFTY PERCENT OF
SUCH SURPLUS FUNDS.
3. ANY OF THE SURPLUS OR RESERVE FUNDS BELONGING TO THE STATE INSUR-
ANCE FUND, UPON LIKE APPROVAL OF THE SUPERINTENDENT OF FINANCIAL
SERVICES, MAY BE LOANED ON THE PLEDGE OF ANY SUCH SECURITIES. THE
COMMISSIONERS, UPON LIKE APPROVAL OF THE SUPERINTENDENT OF FINANCIAL
SERVICES, MAY ALSO SELL ANY OF SUCH SECURITIES OR INVESTMENTS.
[2.] 4. (a) Any securities belonging to the state insurance fund may,
by order of the commissioners, approved by the superintendent of finan-
cial services, be loaned under a security loan agreement, as defined in
paragraph (b) of this subdivision, entered into with a registered brok-
er-dealer, or a New York state or national bank or trust company, with
the custodial bank of the state insurance fund or another person or
entity, approved by the commissioner of taxation and finance, which
specializes in security loan transactions acting as the agent in arrang-
ing such agreement. The commissioners shall monitor the market value of
the loaned securities daily. In no event shall the commissioners allow
the value of the collateral posted to fall below the market value of the
loaned securities.
(b) For purposes of this section, "security loan agreement" shall mean
a written contract, the terms of which have been approved by the commis-
sioner of taxation and finance, whereby the state insurance fund (the
lender) agrees to lend securities to a broker-dealer, bank or trust
company described in paragraph (a) of this subdivision (the borrower)
for a period not to exceed one year. However, such agreement shall be
subject to the following limitations: (i) the lender must retain the
right to collect from the borrower all dividends, interest, premiums,
rights, and any other distributions to which the lender would otherwise
have been entitled; (ii) the lender may waive the right to vote the
securities during the term of such agreement; (iii) the lender must
retain the right to terminate such agreement upon not more than five
business days' notice; (iv) the borrower shall provide as collateral to
the lender cash or direct obligations of the United States of America or
any agency or instrumentality thereof or obligations fully guaranteed by
the United States of America that are eligible for investment by the
state insurance fund under subdivision one of this section, provided
that such obligations may in no event consist of derivative securities;
S. 2605--B 118 A. 3005--B
and (v) such agreement shall provide for payment of additional collat-
eral on a daily basis, or at such time as the value of the loaned secu-
rities increases to agreed upon ratios.
[3.] 5. All such securities or evidences of indebtedness shall be
placed in the hands of the commissioner of taxation and finance who
shall be the custodian thereof. He or she shall collect the principal
and interest thereof, when due, and pay the same into the state insur-
ance fund. The commissioner of taxation and finance shall pay all vouch-
ers drawn on the state insurance fund for the making of such investments
when signed by the chair of the commissioners, the executive director or
a deputy executive director of the state insurance fund upon delivery of
such securities or evidences of indebtedness to him or her, when there
is attached to such vouchers the approval of the state superintendent of
financial services.
6. FOR THE PURPOSES OF THIS SECTION, THE TERM "RESERVES" DOES NOT
INCLUDE THE ESTIMATED VALUE OF FUTURE DISCRETIONARY PAYMENTS THAT MAY BE
MADE BY THE STATE INSURANCE FUND UNDER SECTION NINETY OF THIS ARTICLE.
7. NOTWITHSTANDING ANY PROVISION IN THIS SECTION, THE SURPLUS AND
RESERVE FUNDS OF THE STATE INSURANCE FUND SHALL NOT BE INVESTED IN ANY
INVESTMENT THAT HAS BEEN FOUND BY THE SUPERINTENDENT OF FINANCIAL
SERVICES TO BE AGAINST PUBLIC POLICY OR IN ANY INVESTMENT PROHIBITED BY
THE PROVISIONS OF PARAGRAPH SIX OF SUBSECTION (A) OF SECTION ONE THOU-
SAND FOUR HUNDRED FOUR OF THE INSURANCE LAW OR BY THE PROVISIONS OF
PARAGRAPH ONE, TWO, THREE, FOUR, SIX, EIGHT, NINE OR TEN OF SUBSECTION
(A) OF SECTION ONE THOUSAND FOUR HUNDRED SEVEN OF THE INSURANCE LAW.
S 21. Section 88 of the workers' compensation law, as amended by chap-
ter 6 of the laws of 2007, is REPEALED.
S 22. Section 151 of the workers' compensation law is REPEALED and a
new section 151 is added to read as follows:
S 151. ASSESSMENTS AND SURCHARGES FOR ANNUAL EXPENSES. 1. THE ANNUAL
EXPENSES NECESSARY FOR THE BOARD TO ADMINISTER THE PROVISIONS OF THIS
CHAPTER, THE VOLUNTEER AMBULANCE WORKERS' BENEFITS LAW, THE VOLUNTEER
FIREFIGHTERS' BENEFITS LAW, THE DISABILITY BENEFITS LAW, AND THE WORK-
MEN'S COMPENSATION ACT FOR CIVIL DEFENSE VOLUNTEERS SHALL BE BORNE BY
AFFECTED EMPLOYERS SECURING COMPENSATION FOR THEIR EMPLOYEES PURSUANT TO
SECTION FIFTY OF THIS CHAPTER. THE BOARD SHALL COLLECT SUCH ANNUAL
EXPENSES FROM AFFECTED EMPLOYERS THROUGH ASSESSMENTS AND SURCHARGES AS
PROVIDED BY THE PROVISIONS OF THIS SECTION, INCLUDING FOR PURPOSES OF
THIS SUBDIVISION: (A) THE AGGREGATE ASSESSMENT AMOUNT DESCRIBED IN
SUBPARAGRAPH FOUR OF PARAGRAPH (H) OF SUBDIVISION EIGHT OF SECTION
FIFTEEN OF THIS CHAPTER FOR THE SPECIAL DISABILITY FUND IN ACCORDANCE
WITH EACH FINANCING AGREEMENT DESCRIBED IN SUCH SUBPARAGRAPH, (B) THE
AGGREGATE ASSESSMENT AMOUNT DESCRIBED IN SECTION FIFTY-C OF THIS CHAPTER
FOR THE SELF-INSURER OFFSET FUND IN ACCORDANCE WITH EACH FINANCING
AGREEMENT DESCRIBED IN SUCH SECTION, (C) THE ASSESSMENT AMOUNT
DESCRIBED IN SUBDIVISION THREE OF SECTION TWENTY-FIVE-A OF THIS CHAPTER
FOR THE FUND FOR REOPENED CASES AND (D) THE ASSESSMENT AMOUNT DESCRIBED
IN SECTION TWO HUNDRED FOURTEEN OF THIS CHAPTER FOR THE SPECIAL FUND FOR
DISABILITY BENEFITS; PROVIDED, THAT THE FOREGOING AND ANY OTHER
PROVISION OF THIS CHAPTER TO THE CONTRARY NOTWITHSTANDING, ASSESSMENT
RECEIPTS SHALL BE APPLIED FIRST TO FULLY FUND THE AMOUNT DESCRIBED IN
SUBPARAGRAPH FOUR OF PARAGRAPH (H) OF SUBDIVISION EIGHT OF SECTION
FIFTEEN OF THIS CHAPTER AND THEN TO FULLY FUND THE AMOUNT DESCRIBED IN
SECTION FIFTY-C OF THIS CHAPTER IN ACCORDANCE WITH EACH THEN APPLICABLE
FINANCING AGREEMENT PURSUANT TO SUCH PROVISIONS PRIOR TO APPLICATION TO
ANY OTHER PURPOSE OTHER THAN TO PAY ANY ACTUAL COSTS OF COLLECTING SUCH
S. 2605--B 119 A. 3005--B
ASSESSMENT THAT ARE NOT OTHERWISE FUNDED. FOR PURPOSES OF THIS SECTION,
AFFECTED EMPLOYER MEANS ALL EMPLOYERS REQUIRED TO OBTAIN WORKERS'
COMPENSATION COVERAGE PURSUANT TO THIS CHAPTER.
2. ON THE FIRST DAY OF NOVEMBER, TWO THOUSAND THIRTEEN, AND ANNUALLY
THEREAFTER, THE CHAIR SHALL ESTABLISH AN ASSESSMENT RATE FOR ALL
AFFECTED EMPLOYERS IN THE STATE OF NEW YORK IN AN AMOUNT EXPECTED TO BE
SUFFICIENT TO PRODUCE ASSESSMENT RECEIPTS AT LEAST SUFFICIENT TO FUND
ALL ESTIMATED ANNUAL EXPENSES PURSUANT TO SUBDIVISION ONE OF THIS
SECTION EXCEPT THOSE EXPENSES FOR WHICH AN ASSESSMENT IS AUTHORIZED FOR
SELF-INSURANCE PURSUANT TO SUBDIVISION FIVE OF SECTION FIFTY OF THIS
CHAPTER. SUCH RATE SHALL BE ASSESSED EFFECTIVE THE FIRST OF JANUARY OF
THE SUCCEEDING YEAR AND SHALL BE BASED UPON A SINGLE METHODOLOGY DETER-
MINED BY THE CHAIR. THE CHAIR MAY ALSO ISSUE A SUPPLEMENTAL RATE AS
PROVIDED UNDER SUBDIVISION SEVEN OF SECTION TWENTY-SEVEN OF THIS CHAPTER
WHEN NECESSARY. THE CHAIR MAY ALSO ESTABLISH AN ADDITIONAL ASSESSMENT
RATE, NOT TO EXCEED THIRTY PERCENT OF ANNUAL PREMIUMS, FOR THOSE
AFFECTED EMPLOYERS WHO ARE IN DEFAULT IN THE PAYMENT OF THEIR COMPEN-
SATION PURSUANT TO SUBPARAGRAPH (B) OF PARAGRAPH SEVEN OF SUBDIVISION
THREE-A OF SECTION 50 OF THIS CHAPTER. SUCH ADDITIONAL ASSESSMENT SHALL
BE COLLECTED AND REMITTED TO THE CHAIR CONSISTENT WITH SUBDIVISIONS FOUR
AND FIVE OF THIS SECTION. THE CHAIR SHALL MAKE AVAILABLE FOR PUBLIC
INSPECTION AN ITEMIZED STATEMENT OF THE ESTIMATED ANNUAL EXPENSES IN THE
OFFICE OF THE BOARD FOR THIRTY DAYS IMMEDIATELY AFTER THE RATE IS ESTAB-
LISHED.
3. THE CHAIR AND DEPARTMENT OF AUDIT AND CONTROL ANNUALLY AS SOON AS
PRACTICABLE AFTER THE FIRST OF APRIL OF EACH YEAR SHALL ASCERTAIN THE
ACTUAL TOTAL AMOUNT OF EXPENSES, INCLUDING IN ADDITION TO THE DIRECT
COSTS OF PERSONAL SERVICE, THE COST OF MAINTENANCE AND OPERATION, THE
COST OF RETIREMENT CONTRIBUTIONS MADE AND WORKERS' COMPENSATION PREMIUMS
PAID BY THE STATE FOR OR ON ACCOUNT OF PERSONNEL, RENTALS FOR SPACE
OCCUPIED IN STATE OWNED OR STATE LEASED BUILDINGS, SUCH ADDITIONAL SUM
AS MAY BE CERTIFIED TO THE CHAIR AND THE DEPARTMENT OF AUDIT AND CONTROL
AS A REASONABLE COMPENSATION FOR SERVICES RENDERED BY THE DEPARTMENT OF
LAW AND EXPENSES INCURRED BY SUCH DEPARTMENT, FOR TRANSFER INTO THE
TRAINING AND EDUCATIONAL PROGRAM ON OCCUPATIONAL SAFETY AND HEALTH FUND
CREATED PURSUANT TO CHAPTER EIGHT HUNDRED EIGHTY-SIX OF THE LAWS OF
NINETEEN HUNDRED EIGHTY-FIVE AND SECTION NINETY-SEVEN-C OF THE STATE
FINANCE LAW, FOR THE NEW YORK STATE OCCUPATIONAL HEALTH CLINICS NETWORK,
FOR THE DEPARTMENT OF LABOR OCCUPATIONAL SAFETY AND HEALTH PROGRAM AND
FOR TRANSFER INTO THE UNINSURED EMPLOYERS' FUND PURSUANT TO SUBDIVISION
TWO OF SECTION TWENTY-SIX-A OF THIS CHAPTER, AND ALL OTHER DIRECT OR
INDIRECT COSTS, INCURRED BY THE BOARD IN CONNECTION WITH THE ADMINIS-
TRATION OF THIS CHAPTER, EXCEPT THOSE EXPENSES FOR WHICH AN ASSESSMENT
IS AUTHORIZED FOR SELF-INSURANCE PURSUANT TO SUBDIVISION FIVE OF SECTION
FIFTY OF THIS CHAPTER. ASSESSMENTS PURSUANT TO SUBPARAGRAPH FOUR OF
PARAGRAPH (H) OF SUBDIVISION EIGHT OF SECTION FIFTEEN OF THIS CHAPTER
FOR THE SPECIAL DISABILITY FUND, PURSUANT TO SECTION FIFTY-C OF THIS
CHAPTER FOR THE SELF INSURER OFFSET FUND, PURSUANT TO SUBDIVISION THREE
OF SECTION TWENTY-FIVE-A OF THIS CHAPTER FOR THE FUND FOR REOPENED
CASES, AND PURSUANT TO SECTION TWO HUNDRED FOURTEEN OF THIS CHAPTER FOR
THE SPECIAL FUND FOR DISABILITY BENEFITS SHALL BE INCLUDED IN THE TOTAL
AMOUNT OF EXPENSES FOR THE PURPOSES OF THIS SUBDIVISION. THE CHAIR MAY
ALSO INCLUDE IN THE TOTAL AMOUNT OF EXPENSES SUCH ADDITIONAL ASSESSMENT
TO INSURE THE SOLVENCY OF THE AGGREGATE TRUST FUND PURSUANT TO SUBDIVI-
SION SEVEN OF SECTION TWENTY-SEVEN OF THIS CHAPTER. ANY OVERPAYMENT OF
ANNUAL ASSESSMENTS RESULTING FROM THE REQUIREMENTS OF THIS SUBDIVISION
S. 2605--B 120 A. 3005--B
SHALL BE APPLIED AS A CREDIT AGAINST THE FUTURE ASSESSMENT RATE PROVIDED
THE FUND BALANCE SHALL NOT BE REDUCED BELOW TEN PERCENT OF THE TOTAL
AMOUNT ASSESSED.
4. FOR THOSE AFFECTED EMPLOYERS OBTAINING COVERAGE:
(A) BY INSURING WITH THE STATE FUND PURSUANT TO SUBDIVISION ONE OF
SECTION FIFTY OF THIS CHAPTER; OR (B) THROUGH A POLICY PURSUANT TO
SUBDIVISION TWO OF SECTION FIFTY OF THIS CHAPTER; OR (C) THROUGH A COUN-
TY SELF-INSURANCE PLAN UNDER ARTICLE FIVE OF THIS CHAPTER; OR (D)
THROUGH A GROUP PRIVATE OR PUBLIC SELF-INSURER PURSUANT TO SUBDIVISION
THREE-A OF SECTION FIFTY OF THIS CHAPTER, SUCH ASSESSMENT AMOUNTS SHALL
BE COLLECTED AND REMITTED TO THE CHAIR BY THE CARRIER OR THE STATE
INSURANCE FUND, OR COUNTY PLAN, OR GROUP PRIVATE OR PUBLIC SELF-INSURER,
ON BEHALF OF THE EMPLOYER(S) UNTIL SUCH TIME AS THE BOARD ESTABLISHES A
DIRECT EMPLOYER PAYMENT PROCESS. AFFECTED PRIVATE OR PUBLIC EMPLOYERS
PROVIDING COMPENSATION THROUGH SELF INSURANCE PURSUANT TO SUBDIVISION
THREE OF SECTION FIFTY OF THIS CHAPTER SHALL PAY ASSESSMENT AMOUNTS
DIRECTLY TO THE CHAIR.
5. INSURANCE CARRIERS AS DEFINED IN SECTION TWO OF THIS CHAPTER
INCLUDING THE STATE INSURANCE FUND AND SELF-INSURERS, SHALL COLLECT FROM
AFFECTED EMPLOYERS AND PERIODICALLY REMIT TO THE BOARD SUCH ASSESSMENTS
AND SHALL BE RESPONSIBLE FOR ENSURING THEIR EMPLOYERS/POLICYHOLDERS ARE
CURRENT ON THEIR ASSESSMENTS. (A) FAILURE TO ENSURE POLICYHOLDERS OR
EMPLOYERS ARE CURRENT ON THEIR ASSESSMENTS WILL RESULT IN THE INSURANCE
CARRIER; OR SELF-INSURER; BEING LIABLE FOR SUCH ASSESSMENTS.
(B) IN THE EVENT THE EMPLOYER; INSURANCE CARRIER; OR SELF-INSURER;
KNEW OR SHOULD HAVE KNOWN THAT THE EMPLOYER MISREPORTED ANY DATA RELATED
TO THE ASSESSMENT PROCESS, THEY MAY BE SUBJECT TO PENALTIES OR SANCTIONS
PROVIDED BY THIS CHAPTER.
6. (A) EFFECTIVE THE FIRST DAY OF JANUARY, TWO THOUSAND FOURTEEN, ALL
ASSESSMENT CYCLES IN PROGRESS WILL BE REPLACED WITH THE ASSESSMENT RATE
DETERMINED HEREIN. HOWEVER, SUCH NEW ASSESSMENT RATE SHALL NOT RELIEVE
ANY CARRIER OR SELF-INSURER FOR OUTSTANDING AMOUNTS DUE AS OF THE FIRST
DAY OF JANUARY TWO THOUSAND FOURTEEN.
(B) ALL ASSESSMENT AMOUNTS COLLECTED BY INSURANCE CARRIERS, EXCEPT THE
STATE FUND, AND NOT YET REMITTED TO THE BOARD PRIOR TO THE FIRST DAY OF
JANUARY, TWO THOUSAND FOURTEEN MUST BE REMITTED TO THE CHAIR NO LATER
THAN THE FIRST DAY OF FEBRUARY, TWO THOUSAND FOURTEEN.
7. ASSESSMENTS FOR THE EXPENSES OF THE BOARD INCLUDING ASSESSMENTS
PURSUANT TO PARAGRAPH (H) OF SUBDIVISION EIGHT OF SECTION FIFTEEN OF
THIS CHAPTER FOR THE SPECIAL DISABILITY FUND AND PURSUANT TO SUBDIVISION
THREE OF SECTION TWENTY-FIVE-A OF THIS CHAPTER FOR THE FUND FOR REOPENED
CASES SHALL NOT CONSTITUTE ELEMENTS OF LOSS.
7-A. NOTWITHSTANDING ANY LAW TO THE CONTRARY, WHEN THERE IS A DEFAULT
ON THE PAYMENT OF PREMIUM, INCLUDING ANY AMOUNT OF A SURCHARGE PAYABLE
UNDER SUBDIVISION SEVEN OF THIS SECTION, ANY ACTION BY THE CARRIER,
INCLUDING THE STATE INSURANCE FUND, TO COLLECT ANY UNPAID PREMIUM SHALL
INCLUDE AN ACTION SEEKING RECOVERY OF SUCH UNPAID SURCHARGES ON BEHALF
OF THE BOARD. THE CARRIER SHALL REMIT THE AMOUNT OF ANY SUCH UNPAID
SURCHARGE COLLECTED EITHER PURSUANT TO A JUDGMENT OR BY SETTLEMENT TO
THE BOARD.
8. THE FOREGOING OR ANY OTHER PROVISION OF LAW TO THE CONTRARY
NOTWITHSTANDING, ALL MONEYS RECEIVED ON ACCOUNT OF THE ASSESSMENT
AUTHORIZED BY THIS SECTION SHALL BE DEPOSITED UPON RECEIPT INTO THE
ADMINISTRATIVE ASSESSMENT CLEARING ACCOUNT HELD BY THE COMMISSIONER OF
TAXATION AND FINANCE AND APPLIED IN ACCORDANCE WITH SUBDIVISION ONE OF
THIS SECTION AND IN ACCORDANCE WITH EACH APPLICABLE FINANCING AGREEMENT
S. 2605--B 121 A. 3005--B
AUTHORIZED BY SUBDIVISION EIGHT OF SECTION FIFTEEN OR BY SECTION FIFTY-C
OF THIS CHAPTER UNTIL THE FINANCIAL OBLIGATIONS OF THE DORMITORY AUTHOR-
ITY IN RESPECT OF ITS CONTRACTS WITH THE HOLDERS OF ITS BONDS AUTHORIZED
UNDER SECTIONS SIXTEEN HUNDRED EIGHTY-L AND SIXTEEN HUNDRED EIGHTY-Q OF
THE PUBLIC AUTHORITIES LAW ARE MET AND ALL ASSOCIATED COSTS PAYABLE BY
OR TO THE DORMITORY AUTHORITY HAVE BEEN PAID AND SUCH MONEYS AS ARE
REQUIRED TO BE APPLIED IN ACCORDANCE WITH SUBDIVISION ONE OF THIS
SECTION TO FULLY FUND THE AMOUNT DESCRIBED IN SUBPARAGRAPH FOUR OF PARA-
GRAPH (H) OF SUBDIVISION EIGHT OF SECTION FIFTEEN OF THIS CHAPTER AND TO
FULLY FUND THE AMOUNT DESCRIBED IN SECTION FIFTY-C OF THIS CHAPTER, IN
ACCORDANCE WITH EACH THEN APPLICABLE FINANCING AGREEMENT PURSUANT TO
SUCH PROVISIONS SHALL NOT BE COMMINGLED WITH ANY OTHER MONIES IN THE
COMMISSIONER'S CUSTODY PRIOR TO SUCH APPLICATION AND SHALL NOT BE DEEMED
TO BE PART OF THE STATE TREASURY OR OF ANY FUNDS UNDER MANAGEMENT OF THE
STATE. THE OPERATION OF THIS SECTION AND THE APPLICATION OF THE
RECEIPTS OF THE ASSESSMENT AUTHORIZED BY THIS SECTION SHALL BE SUBJECT
TO THE PROVISIONS OF EACH FINANCING AGREEMENT AUTHORIZED PURSUANT TO
SUBPARAGRAPH FOUR OF PARAGRAPH (H) OF SUBDIVISION EIGHT OF SECTION
FIFTEEN OR TO SECTION FIFTY-C OF THIS CHAPTER AND THIS SECTION SHALL NOT
BE DEEMED TO AUTHORIZE ANY INFRINGEMENT UPON THE RIGHTS OF HOLDERS OF
BONDS ISSUED OR TO BE ISSUED PURSUANT TO EITHER SUCH PROVISION.
9. THE PROVISIONS OF THIS SECTION SHALL NOT APPLY WITH RESPECT TO
POLICIES CONTAINING COVERAGE PURSUANT TO PARAGRAPH ONE OF SUBSECTION (J)
OF SECTION THREE THOUSAND FOUR HUNDRED TWENTY OF THE INSURANCE LAW
RELATING TO EVERY POLICY PROVIDING COMPREHENSIVE PERSONAL LIABILITY
INSURANCE ON A ONE, TWO, THREE OR FOUR FAMILY OWNER-OCCUPIED DWELLING.
10. IF THE ASSESSMENTS COLLECTED PURSUANT TO THIS SECTION ARE INSUFFI-
CIENT TO MEET THE OBLIGATIONS FINANCED BY THE ASSESSMENTS, THE CHAIR,
FOR A PERIOD OF THREE YEARS, MAY BORROW ANY SHORTFALL FROM THE STATE
INSURANCE FUND WITH ANY BORROWING TO BE ADDED TO THE ASSESSMENTS UNDER
THIS SECTION AND REPAID THE FOLLOWING YEAR TO THE STATE INSURANCE FUND
WITH INTEREST AT THE STATE INSURANCE FUND'S THEN CURRENT RATE OF RETURN.
11. EFFECTIVE IMMEDIATELY, NOTWITHSTANDING ANY LAW TO THE CONTRARY,
PURSUANT TO THE PROVISIONS OF THIS CHAPTER, THE ASSESSMENT RESERVES HELD
BY THE STATE INSURANCE FUND FOR THE PAYMENT OF FUTURE ASSESSMENTS ARE NO
LONGER REQUIRED AND ALL FUNDS AND INVESTMENTS HELD BY THE STATE INSUR-
ANCE FUND RELATED TO THE ASSESSMENT RESERVES SHALL BE TRANSFERRED TO THE
CHAIR OF THE WORKERS' COMPENSATION BOARD AS SOON AS PRACTICABLE. THE
COMMISSIONER OF TAXATION AND FINANCE SHALL BE CUSTODIAN OF SUCH FUNDS,
WHICH SHALL NOT BE COMMINGLED WITH OTHER FUNDS OF THE WORKERS' COMPEN-
SATION BOARD, AND MAY INVEST SUCH FUNDS IN THE SAME MANNER AS SURPLUS
FUNDS HELD BY THE STATE INSURANCE FUND PURSUANT TO SUBDIVISION TWO OF
SECTION EIGHTY-SEVEN OF THIS CHAPTER. DISBURSEMENTS OF SUCH FUNDS SHALL
BE MADE BY SUCH COMMISSIONER UPON WRITTEN WARRANT OF THE CHAIR OF THE
WORKERS' COMPENSATION BOARD OR THE CHAIR'S DESIGNEE.
AT THE REQUEST OF THE DIRECTOR OF THE BUDGET, SUCH MONEYS TRANSFERRED
TO THE CHAIR OF THE WORKERS' COMPENSATION BOARD SHALL BE DISTRIBUTED AS
FOLLOWS:
(A) AS SOON AS PRACTICABLE AFTER APRIL FIRST, TWO THOUSAND THIRTEEN,
THE CHAIR OF THE WORKERS' COMPENSATION BOARD SHALL TRANSFER TWO HUNDRED
FIFTY MILLION DOLLARS TO THE GENERAL FUND.
(B) AS SOON AS PRACTICABLE AFTER APRIL FIRST, TWO THOUSAND FOURTEEN,
THE CHAIR OF THE WORKERS' COMPENSATION BOARD SHALL TRANSFER FIVE HUNDRED
MILLION DOLLARS TO THE GENERAL FUND.
S. 2605--B 122 A. 3005--B
(C) AS SOON AS PRACTICABLE AFTER APRIL FIRST, TWO THOUSAND FIFTEEN,
THE CHAIR OF THE WORKERS' COMPENSATION BOARD SHALL TRANSFER TWO HUNDRED
FIFTY MILLION DOLLARS TO THE GENERAL FUND.
(D) AS SOON AS PRACTICABLE AFTER APRIL FIRST, TWO THOUSAND SIXTEEN,
THE CHAIR OF THE WORKERS' COMPENSATION BOARD SHALL TRANSFER TWO HUNDRED
FIFTY MILLION DOLLARS TO THE GENERAL FUND.
(E) AS SOON AS PRACTICABLE AFTER APRIL FIRST, TWO THOUSAND THIRTEEN
AND UPON REQUEST FROM THE DIRECTOR OF THE BUDGET, THE CHAIR SHALL TRANS-
FER FIVE HUNDRED MILLION DOLLARS TO THE TRANSFORMATIVE CAPITAL FUND.
(F) ANY AND ALL FUNDS REMAINING AFTER ACCOUNTING FOR THE TRANSFERS SET
FORTH ABOVE MAY, AT THE DISCRETION OF THE DIRECTOR OF THE BUDGET, EITHER
REMAIN WITH THE WORKERS' COMPENSATION BOARD OR BE TRANSFERRED TO THE
GENERAL FUND OR TO THE STATE INSURANCE FUND. THE BUDGET DIRECTOR, ACTING
IN CONSULTATION WITH THE CHAIR OF THE WORKERS' COMPENSATION BOARD, SHALL
DETERMINE WHETHER ANY MONEY RETURNED TO THE STATE INSURANCE FUND IS A
LOAN OR A TRANSFER AND THE TERMS AND CONDITIONS THEREIN. ANY FUNDS
TRANSFERRED OR LOANED TO THE STATE INSURANCE FUND UPON THE BUDGET
DIRECTOR'S REQUEST MAY BE INVESTED IN A MANNER CONSISTENT WITH INVEST-
MENT GUIDELINES PURSUANT TO SUBDIVISION TWO OF SECTION EIGHTY-SEVEN OF
THE WORKERS' COMPENSATION LAW.
ANNUALLY, THE STATE INSURANCE FUND AND THE WORKERS' COMPENSATION BOARD
WILL PROVIDE TO THE DIRECTOR OF THE BUDGET AN ACCOUNTING OF SUCH FUNDS
AND ALL ASSOCIATED INCOME RECEIVED. SUCH ACCOUNTING WILL CONTINUE UNTIL
SUCH TIME AS DETERMINED BY THE DIRECTOR OF THE BUDGET.
12. THE CHAIR SHALL PROMULGATE REGULATIONS TO CARRY OUT THE PROVISIONS
OF THIS SECTION.
13. TO EFFECTUATE AN EFFICIENT ASSESSMENT PROCESS AND THE PROPER
MANAGEMENT OF THE WORKERS' COMPENSATION SYSTEM ALL DATA IN POSSESSION OF
THE COMPENSATION INSURANCE RATING BOARD SHALL BE MADE AVAILABLE TO THE
BOARD AND THE DEPARTMENT OF FINANCIAL SERVICES UPON REQUEST.
S 23. Subdivision 5 of section 54 of the workers' compensation law, as
amended by chapter 164 of the laws of 1992 and the closing paragraph as
added by chapter 322 of the laws of 2008, is amended to read as follows:
5. Cancellation and termination of insurance contracts. No contract of
insurance issued by an insurance carrier against liability arising under
this chapter shall be cancelled within the time limited in such contract
for its expiration unless notice is given as required by this section.
When cancellation is due to non-payment of premiums, OR NON-PAYMENT OF
ASSESSMENTS AS REQUIRED IN THE CONTRACT OF INSURANCE, such cancellation
shall not be effective until at least ten days after a notice of cancel-
lation of such contract, on a date specified in such notice, shall be
filed in the office of the chair and also served on the employer. When
cancellation is due to any reason other than non-payment of premiums, OR
NON-PAYMENT OF ASSESSMENTS AS REQUIRED IN THE CONTRACT OF INSURANCE,
such cancellation shall not be effective until at least thirty days
after a notice of cancellation of such contract, on a date specified in
such notice, shall be filed in the office of the chair and also served
on the employer; provided, however, in either case, that if the employer
has secured insurance with another insurance carrier which becomes
effective prior to the expiration of the time stated in such notice, the
cancellation shall be effective as of the date of such other coverage.
No insurer shall refuse to renew any policy insuring against liability
arising under this chapter unless at least thirty days prior to its
expiration notice of intention not to renew has been filed in the office
of the chair and also served on the employer.
S. 2605--B 123 A. 3005--B
Such notice shall be served on the employer by delivering it to him,
her or it or by sending it by mail, by certified or registered letter,
return receipt requested, addressed to the employer at his, her or its
last known place of business; provided that, if the employer be a part-
nership, then such notice may be so given to any of one of the partners,
and if the employer be a corporation then the notice may be given to any
agent or officer of the corporation upon whom legal process may be
served; and further provided that an employer may designate any person
or entity at any address to receive such notice including the desig-
nation of one person or entity to receive notice on behalf of multiple
entities insured under one insurance policy and that service of notice
at the address so designated upon the person or entity so designated by
delivery or by mail, by certified or registered letter, return receipt
requested, shall satisfy the notice requirement of this section.
Provided, however, the right to cancellation of a policy of insurance in
the state fund shall be exercised only for non-payment of premiums, OR
NON-PAYMENT OF ASSESSMENTS AS REQUIRED IN THE CONTRACT OF INSURANCE, or
as provided in section ninety-four of this chapter.
The provisions of this subdivision shall not apply with respect to
policies containing coverage pursuant to subsection (j) of section three
thousand four hundred twenty of the insurance law relating to every
policy providing comprehensive personal liability insurance on a one,
two, three or four family owner-occupied dwelling.
In the event such cancellation or termination notice is not filed with
the chair within the required time period, the chair shall impose a
penalty in the amount of up to five hundred dollars for each ten-day
period the insurance carrier or state insurance fund failed to file the
notification. All penalties collected pursuant to this subdivision shall
be deposited in the uninsured employers' fund.
S 24. Section 93 of the workers' compensation law, as amended by chap-
ter 94 of the laws of 1988 and subdivisions b and c as amended by chap-
ter 635 of the laws of 1996, is amended to read as follows:
S 93. Collection of premium in case of default. a. If a policyholder
shall default in any payment required to be made by him to the state
insurance fund after due notice, his insurance in the state fund may be
cancelled and the amount due from him shall be collected by civil action
brought against him in any county wherein the state insurance fund main-
tains an office in the name of the commissioners of the state insurance
fund and the same when collected, shall be paid into the state insurance
fund, and such policyholder's compliance with the provisions of this
chapter requiring payments to be made to the state insurance fund shall
date from the time of the payment of said money to the state insurance
fund.
b. An employer, whose policy of insurance has been cancelled by the
state insurance fund for non-payment of premium, OR FOR NON-PAYMENT OF
ASSESSMENTS AS REQUIRED IN THE CONTRACT OF INSURANCE, or withdraws
pursuant to section ninety-four of this article, is ineligible to
contract for a subsequent policy of insurance with the state insurance
fund while the billed premium on the cancelled policy remains uncol-
lected.
c. The state insurance fund shall not be required to write a policy of
insurance for any employer which is owned or controlled or the majority
interest of which is owned or controlled, directly or indirectly, by any
person who directly or indirectly owns or controls or owned or
controlled at the time of cancellation an employer whose former policy
of insurance with the state insurance fund was cancelled for non-payment
S. 2605--B 124 A. 3005--B
of premium, OR FOR NON-PAYMENT OF ASSESSMENTS AS REQUIRED IN THE
CONTRACT OF INSURANCE, or withdraws pursuant to section ninety-four of
this article or who is or was at the time of cancellation the president,
vice-president, secretary or treasurer of such an employer until the
billed premium on the cancelled policy is paid.
For purposes of this subdivision, "person" shall include individuals,
partnerships, corporations, and other associations.
S 25. Section 146 of the workers' compensation law is REPEALED.
S 26. Section 214 of the workers' compensation law, as added by chap-
ter 600 of the laws of 1949, the opening paragraph as amended by chapter
653 of the laws of 1958, subdivision 2 as amended by chapter 187 of the
laws of 1983, subdivision 3 as amended by chapter 629 of the laws of
1958, subdivision 4 as amended by chapter 727 of the laws of 1950 and as
further amended by section 104 of part A of chapter 62 of the laws of
2011, and subdivision 5 as added by chapter 18 of the laws of 2010, is
amended to read as follows:
S 214. Special fund for disability benefits. There is hereby created a
fund which shall be known as the special fund for disability benefits to
provide for the payment of disability benefits under sections two
hundred seven, two hundred thirteen and attendance fees under [subdivi-
sion two of] section two hundred thirty-two of this article.
1. [For the purpose of accumulating funds for payment of benefits to
the disabled unemployed, there is hereby assessed a contribution at the
rate of two-tenths of one per centum of the wages paid during the period
from January first, nineteen hundred fifty to June thirtieth, nineteen
hundred fifty inclusive, to employees in the employment of covered
employers on or after January first, nineteen hundred fifty, but not in
excess of twelve cents per week as to each such employee, of which the
employee shall contribute one-tenth of one per centum of his wages but
not in excess of six cents per week, and the employer shall make an
equal contribution. The contributions of the employee shall be deducted
from his wages in the same manner as provided in section two hundred
nine. On or before April thirtieth, nineteen hundred fifty, the employer
shall pay to the chairman the contributions with respect to wages paid
during the quarterly period ending March thirty-first, nineteen hundred
fifty, and on or before July thirty-first, nineteen hundred fifty, the
employer shall pay to the chairman the contributions with respect to
wages paid during the quarterly period ending June thirtieth, nineteen
hundred fifty.
2.] As promptly as practicable after April first, [nineteen hundred
fifty-eight and thereafter annually as soon as practicable after April
first] in each year, the chairman shall ascertain the condition of the
fund, and if as of any such date the net assets of the fund shall be one
million dollars or more below the sum of twelve million dollars, the
chairman shall assess and collect [from all carriers hereinafter speci-
fied] an amount sufficient to restore the fund to an amount equal to
twelve million dollars. [Carriers subject to this assessment shall be
such carriers as shall have covered employees in employment during the
preceding three calendar years or any portion or portions thereof. The
proportion of the total assessment to be assessed upon and collected
from each carrier shall be that proportion thereof that the total of the
payrolls covered by such carrier during said three calendar years bears
to the total of all such payrolls covered by all such carriers during
said three calendar years, except that the term "payrolls" as used here-
in shall be deemed limited to the first seven thousand dollars of earn-
ings of each employee during any calendar year and except that there
S. 2605--B 125 A. 3005--B
shall be excluded the payroll of employees of a class or classes for
whom plan benefits provided under this article are payable during unem-
ployment for a period not less than the period provided in section two
hundred seven under an agreement between the employer or an association
of employers and an association of the employees which has been accepted
as a plan under section two hundred eleven. The chairman, before making
an assessment as herein provided, shall give thirty days notice to all
such carriers, in the same manner provided in section two hundred twen-
ty-eight, that an itemized statement of the condition of the fund is
open for inspection]. SUCH ASSESSMENT SHALL BE INCLUDED IN THE ASSESS-
MENT RATE ESTABLISHED PURSUANT TO SUBDIVISION TWO OF SECTION ONE HUNDRED
FIFTY-ONE OF THIS CHAPTER. SUCH ASSESSMENTS SHALL BE DEPOSITED WITH THE
COMMISSIONER OF TAXATION AND FINANCE AND TRANSFERRED TO THE BENEFIT OF
SUCH FUND UPON PAYMENT OF DEBT SERVICE, IF ANY, PURSUANT TO SECTION ONE
HUNDRED FIFTY-ONE OF THIS CHAPTER.
[3.] 2. Whenever the net assets of the fund shall be less than three
million dollars and the disability claims currently being paid shall
indicate the necessity of supplementing the assets of the fund [before
the next annual assessment can be made,] the chairman may [assess and
collect for all such carriers, in the same proportions established for
the last preceding annual assessment,] TRANSFER FROM MONIES COLLECTED
PURSUANT TO SUBDIVISION TWO OF SECTION ONE HUNDRED FIFTY-ONE OF THIS
CHAPTER an amount sufficient in the discretion of the chairman for the
needs of the fund, but not in excess of an amount sufficient to restore
the fund to twelve million dollars. [Before making any such emergency
assessment the chairman shall give thirty days notice to such carriers
in the same manner as provided with respect to annual assessments, and
an itemized statement of the condition of the fund shall, in like
manner, be open for inspection.]
[4.] 3. All contributions and assessments received by the chairman
under the provisions of this section shall be credited to the fund here-
in established and deposited by the chairman to the credit of the
commissioner of taxation and finance for the benefit of the fund. The
superintendent of financial services may examine into the condition of
the fund at any time on his own initiative or upon the request of the
chairman.
[5. Notwithstanding any inconsistent provision of law to the contrary,
effective April first, two thousand nine, any amounts available in
excess of the maximum net asset balance of twelve million dollars pursu-
ant to subdivision two of this section, shall be transferred by the
comptroller to the general fund, at the request of the director of the
budget.]
S 27. Section 228 of the workers' compensation law is REPEALED and a
new section 228 is added to read as follows:
S 228. ADMINISTRATIVE EXPENSES. 1. THE ESTIMATED ANNUAL EXPENSES
NECESSARY FOR THE WORKERS' COMPENSATION BOARD TO ADMINISTER THE
PROVISIONS OF THE DISABILITY BENEFITS LAW SHALL BE BORNE BY ALL AFFECTED
EMPLOYERS AND INCLUDED AS PART OF THE ASSESSMENT RATE GENERATED PURSUANT
TO SUBDIVISION TWO OF SECTION ONE HUNDRED FIFTY-ONE OF THIS CHAPTER.
2. ANNUALLY, AS SOON AS PRACTICABLE AFTER THE FIRST DAY OF APRIL, THE
CHAIR AND DEPARTMENT OF AUDIT AND CONTROL SHALL ASCERTAIN THE TOTAL
AMOUNT OF ACTUAL EXPENSES.
S 28. Subdivision 6 of section 3 of the volunteer firefighters' bene-
fit law is amended to read as follows:
6. "Surviving spouse" means the legal [wife of a deceased male volun-
teer fireman or the legal husband of a deceased female volunteer fire-
S. 2605--B 126 A. 3005--B
man, as the case may be,] SPOUSE OF A DECEASED VOLUNTEER FIREFIGHTER,
but shall not include a spouse who has abandoned the deceased. The term
"abandoned", as used in this subdivision, means such an abandonment as
would be sufficient under section [eleven hundred sixty-one of the civil
practice act] TWO HUNDRED OF THE DOMESTIC RELATIONS LAW to sustain a
judgment of separation on that ground.
S 29. Section 60 of the volunteer firefighters' benefit law is
REPEALED and a new section 60 is added to read as follows:
S 60. ASSESSMENT FOR EXPENSES. 1. THE ESTIMATED ANNUAL EXPENSES NECES-
SARY FOR THE WORKERS' COMPENSATION BOARD TO ADMINISTER THE PROVISIONS OF
THE VOLUNTEER FIREFIGHTERS' BENEFIT LAW SHALL BE BORNE BY ALL AFFECTED
EMPLOYERS AND INCLUDED AS PART OF THE ASSESSMENT RATE GENERATED PURSUANT
TO SUBDIVISION TWO OF SECTION ONE HUNDRED FIFTY-ONE OF THE WORKERS'
COMPENSATION LAW.
2. ANNUALLY, THE CHAIR OF THE DEPARTMENT OF AUDIT AND CONTROL, AS SOON
AS PRACTICABLE AFTER THE FIRST OF APRIL, SHALL ASCERTAIN THE TOTAL
AMOUNT OF ACTUAL EXPENSES.
S 30. Subdivision 6 of section 3 of the volunteer ambulance workers'
benefit law is amended to read as follows:
6. "Surviving spouse" means the legal [wife of a deceased male volun-
teer ambulance worker or the legal husband of a deceased female] SPOUSE
OF A DECEASED volunteer ambulance worker[, as the case may be], but
shall not include a spouse who has abandoned the deceased. The term
"abandoned", as used in this subdivision, means such an abandonment as
would be sufficient under section two hundred of the domestic relations
law to sustain a judgment of separation on that ground.
S 31. Section 60 of the volunteer ambulance workers' benefit law is
REPEALED and a new section 60 is added to read as follows:
S 60. ASSESSMENT FOR EXPENSES. 1. THE ESTIMATED ANNUAL EXPENSES NECES-
SARY FOR THE WORKERS' COMPENSATION BOARD TO ADMINISTER THE PROVISIONS OF
THE VOLUNTEER AMBULANCE WORKERS' BENEFIT LAW SHALL BE BORNE BY ALL
AFFECTED EMPLOYERS AND INCLUDED AS PART OF THE ASSESSMENT RATE GENERATED
PURSUANT TO SUBDIVISION TWO OF SECTION ONE HUNDRED FIFTY-ONE OF THE
WORKERS' COMPENSATION LAW.
2. ANNUALLY, THE CHAIR OF THE DEPARTMENT OF AUDIT AND CONTROL, AS SOON
AS PRACTICABLE AFTER THE FIRST OF APRIL, SHALL ASCERTAIN THE TOTAL
AMOUNT OF ACTUAL EXPENSES.
S 32. Section 50 of the workers' compensation law is amended by adding
a new subdivision 12 to read as follows:
12. THE CHAIR, WITH THE APPROVAL OF THE DIRECTOR OF THE BUDGET, MAY
REQUEST THE ISSUANCE OF BONDS BY THE DORMITORY AUTHORITY FOR ONE OR MORE
OF THE PURPOSES AUTHORIZED BY SECTION SIXTEEN HUNDRED EIGHTY-Q OF THE
PUBLIC AUTHORITIES LAW AND BY A SELF-INSURED BOND FINANCING AGREEMENT
AUTHORIZED BY SECTION FIFTY-C OF THIS ARTICLE. THE NET PROCEEDS OF SUCH
BONDS SHALL BE DEPOSITED INTO THE SELF-INSURER OFFSET FUND OR AS OTHER-
WISE PROVIDED BY THE APPLICABLE SELF-INSURED BOND FINANCING AGREEMENT.
S 33. Subdivision 4 of section 50-a of the workers' compensation law
is renumbered subdivision 5 and a new subdivision 4 is added to read as
follows:
4. TO THE EXTENT PROVIDED BY THE SELF-INSURER BOND FINANCING AGREEMENT
THE CHAIR MAY REQUEST THE DORMITORY AUTHORITY TO TRANSFER BOND PROCEEDS
INTO SUCH ACCOUNT FOR THE PURPOSES OUTLINED IN THE BOND FINANCING AGREE-
MENT.
S 34. The workers' compensation law is amended by adding a new section
50-c to read as follows:
S. 2605--B 127 A. 3005--B
S 50-C. SELF-INSURED BONDS. 1. THE CHAIR, WITH THE COMMISSIONER OF
TAXATION AND FINANCE, IS AUTHORIZED TO ENTER INTO A FINANCING AGREEMENT
WITH THE DORMITORY AUTHORITY, TO BE KNOWN AS THE "SELF-INSURED BOND
FINANCING AGREEMENT". SUCH AGREEMENT SHALL SET FORTH THE PROCESS FOR
CALCULATING THE ANNUAL DEBT SERVICE OF BONDS ISSUED BY THE DORMITORY
AUTHORITY AND ANY OTHER ASSOCIATED COSTS IN CONNECTION WITH THE SELF-IN-
SURER OFFSET FUND, AS SET FORTH IN SECTION SIXTEEN HUNDRED EIGHTY-Q OF
THE PUBLIC AUTHORITIES LAW. FOR PURPOSES OF THIS SECTION, "ASSOCIATED
COSTS" MAY INCLUDE A COVERAGE FACTOR, RESERVE FUND REQUIREMENTS, ALL
COSTS OF ANY NATURE INCURRED BY THE DORMITORY AUTHORITY IN CONNECTION
WITH THE SELF-INSURED BOND FINANCING AGREEMENT OR PURSUANT THERETO, THE
COSTS OF ANY INDEPENDENT AUDITS UNDERTAKEN UNDER THIS SECTION, AND ANY
OTHER COSTS FOR THE IMPLEMENTATION OF THIS SUBDIVISION AND THE ISSUANCE
OF BONDS BY THE DORMITORY AUTHORITY, INCLUDING INTEREST RATE EXCHANGE
PAYMENTS, REBATE PAYMENTS, LIQUIDITY FEES, CREDIT PROVIDER FEES, FIDUCI-
ARY FEES, REMARKETING, DEALER, AUCTION AGENT AND RELATED FEES AND OTHER
SIMILAR BOND-RELATED EXPENSES, UNLESS OTHERWISE FUNDED. BY SEPTEMBER
FIRST OF EACH YEAR, THE DORMITORY AUTHORITY SHALL PROVIDE TO THE CHAIR
THE CALCULATION OF THE AMOUNT EXPECTED TO BE PAID BY THE DORMITORY
AUTHORITY IN DEBT SERVICE AND ASSOCIATED COSTS FOR PURPOSES OF CALCULAT-
ING THE ASSESSMENTS FOR THE DEBT SERVICE PORTION OF THE ASSESSMENT
PROVIDED FOR UNDER THIS CHAPTER. ALL MONIES RECEIVED ON ACCOUNT OF SUCH
ASSESSMENTS SHALL BE APPLIED IN ACCORDANCE WITH THIS CHAPTER AND WITH
THE SELF-INSURED BOND FINANCING AGREEMENT UNTIL THE FINANCIAL OBLI-
GATIONS OF THE DORMITORY AUTHORITY IN RESPECT TO ITS CONTRACT WITH ITS
BONDHOLDERS ARE MET AND ALL ASSOCIATED COSTS PAYABLE TO OR BY THE DORMI-
TORY AUTHORITY HAVE BEEN PAID, NOTWITHSTANDING ANY OTHER PROVISION OF
LAW RESPECTING SECURED TRANSACTIONS. THIS PROVISION MAY BE INCLUDED BY
THE DORMITORY AUTHORITY IN ANY CONTRACT OF THE DORMITORY AUTHORITY WITH
ITS BONDHOLDERS. THE SELF-INSURED BOND FINANCING AGREEMENT MAY RESTRICT
DISBURSEMENTS, INVESTMENTS, OR REBATES, AND MAY PRESCRIBE A SYSTEM OF
ACCOUNTS APPLICABLE TO THE SELF-INSURER OFFSET FUND AS CONSISTENT WITH
THE PROVISIONS OF THIS CHAPTER GOVERNING SUCH FUND, INCLUDING CUSTODY OF
FUNDS AND ACCOUNTS WITH A TRUSTEE THAT MAY BE PRESCRIBED BY THE DORMITO-
RY AUTHORITY AS PART OF ITS CONTRACT WITH THE BONDHOLDERS. FOR PURPOSES
OF THIS SUBDIVISION, THE TERM "BONDS" SHALL INCLUDE NOTES ISSUED IN
ANTICIPATION OF THE ISSUANCE OF BONDS, OR NOTES ISSUED PURSUANT TO A
COMMERCIAL PAPER PROGRAM.
2. THE CHAIR IS HEREBY AUTHORIZED TO RECEIVE AND CREDIT TO THE
SELF-INSURER OFFSET FUND ANY SUM OR SUMS THAT MAY AT ANY TIME BE
CONTRIBUTED TO THE STATE BY THE UNITED STATES OF AMERICA UNDER ANY ACT
OF CONGRESS, OR OTHERWISE, TO WHICH THE STATE MAY BE OR BECOME ENTITLED
BY REASON OF ANY PAYMENTS MADE OUT OF SUCH FUND.
3. NOTWITHSTANDING ANY OTHER LAW TO THE CONTRARY, THE CHAIR SHALL BE
THE CUSTODIAN OF THE SELF-INSURER OFFSET FUND AND, UNLESS OTHERWISE
PROVIDED FOR IN THE SELF-INSURED BOND FINANCING AGREEMENT, THE COMMIS-
SIONER OF TAXATION AND FINANCE SHALL INVEST ANY SURPLUS OR RESERVE
MONEYS THEREOF IN SECURITIES WHICH CONSTITUTE LEGAL INVESTMENTS FOR
SAVINGS BANKS UNDER THE LAWS OF THIS STATE AND IN INTEREST BEARING
CERTIFICATES OF DEPOSIT OF A BANK OR TRUST COMPANY LOCATED AND AUTHOR-
IZED TO DO BUSINESS IN THIS STATE OR OF A NATIONAL BANK LOCATED IN THIS
STATE SECURED BY A PLEDGE OF DIRECT OBLIGATIONS OF THE UNITED STATES OR
OF THE STATE OF NEW YORK IN AN AMOUNT EQUAL TO THE AMOUNT OF SUCH
CERTIFICATES OF DEPOSIT, AND MAY SELL ANY OF THE SECURITIES OR CERTIF-
ICATES OF DEPOSIT IN WHICH SUCH FUND IS INVESTED IF NECESSARY FOR THE
PROPER ADMINISTRATION OR IN THE BEST INTEREST OF SUCH FUND. DISBURSE-
S. 2605--B 128 A. 3005--B
MENTS FROM SUCH FUND AS PROVIDED BY THIS SUBDIVISION SHALL BE MADE BY
THE COMMISSIONER OF TAXATION AND FINANCE UNLESS THE SELF-INSURED BOND
FINANCING AGREEMENT PROVIDES FOR SOME OTHER MEANS OF AUTHORIZING SUCH
DISBURSEMENTS THAT IS NO LESS PROTECTIVE OF THE FUND. THE COMMISSIONER
OF TAXATION AND FINANCE AS SOON AS PRACTICABLE AFTER JANUARY FIRST OF
EACH YEAR, SHALL FURNISH TO THE CHAIR A STATEMENT OF THE FUND, SETTING
FORTH THE BALANCE OF MONEYS IN THE SAID FUND AS OF THE BEGINNING OF THE
CALENDAR YEAR, THE INCOME OF THE FUND, THE SUMMARY OF PAYMENTS OUT OF
THE FUND ON ACCOUNT OF REIMBURSEMENTS AND OTHER CHARGES ORDERED TO BE
PAID BY THE BOARD, AND ALL OTHER CHARGES AGAINST THE FUND AND SETTING
FORTH THE BALANCE OF THE FUND REMAINING TO ITS CREDIT ON THE PRIOR
DECEMBER THIRTY-FIRST OF EACH YEAR. SUCH STATEMENT SHALL BE OPEN TO
PUBLIC INSPECTION IN THE OFFICE OF THE SECRETARY OF THE BOARD. THE
CHAIR SHALL INCLUDE IN THE REPORTS TO THE GOVERNOR, THE SPEAKER OF THE
ASSEMBLY AND THE TEMPORARY PRESIDENT OF THE SENATE AS REQUIRED BY
SECTION NINE OF PART G OF CHAPTER FIFTY-SEVEN OF THE LAWS OF TWO THOU-
SAND ELEVEN, A SUMMARY OF THE STATUS OF THE BONDING PROGRAM AUTHORIZED
BY THIS SECTION. THE COMMISSIONER OF TAXATION AND FINANCE MAY ESTABLISH
WITHIN THE SELF-INSURER OFFSET FUND SUCH ACCOUNTS AND SUB-ACCOUNTS AS HE
OR SHE DEEMS USEFUL FOR THE OPERATION OF THE FUND, OR AS NECESSARY TO
SEGREGATE MONEYS WITHIN THE FUND, SUBJECT TO THE PROVISIONS OF THE
SELF-INSURED BOND FINANCING AGREEMENT AND OF THIS CHAPTER.
S 35. The public authorities law is amended by adding a new section
1680-q to read as follows:
S 1680-Q. SELF-INSURED BOND FINANCING. 1. AS USED IN THIS SECTION THE
FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
(A) "ANCILLARY BOND FACILITY" MEANS ANY INTEREST RATE EXCHANGE OR
SIMILAR AGREEMENT OR ANY BOND INSURANCE POLICY, LETTER OF CREDIT OR
OTHER CREDIT ENHANCEMENT FACILITY, LIQUIDITY FACILITY, GUARANTEED
INVESTMENT OR REINVESTMENT AGREEMENT, OR OTHER SIMILAR AGREEMENT,
ARRANGEMENT OR CONTRACT.
(B) "BENEFITED PARTY" MEANS ANY PERSON, FIRM OR CORPORATION THAT
ENTERS INTO AN ANCILLARY BOND FACILITY WITH THE AUTHORITY ACCORDING TO
THE PROVISIONS OF THIS SECTION.
(C) "BONDS" MEANS ANY BONDS, NOTES, CERTIFICATES OF PARTICIPATION AND
OTHER EVIDENCE OF INDEBTEDNESS ISSUED BY THE AUTHORITY PURSUANT TO
SUBDIVISION FIVE OF THIS SECTION.
(D) "BOND OWNERS OR OWNERS OF BONDS" MEANS ANY REGISTERED OWNERS OF
BONDS.
(E) "CHAIR" MEANS THE CHAIR OF THE WORKERS' COMPENSATION BOARD.
(F) "CODE" MEANS THE UNITED STATES INTERNAL REVENUE CODE OF 1986, AS
AMENDED.
(G) "COSTS OF ISSUANCE" MEANS ANY ITEM OF EXPENSE DIRECTLY OR INDI-
RECTLY PAYABLE OR REIMBURSABLE BY THE AUTHORITY AND RELATED TO THE
AUTHORIZATION, SALE, OR ISSUANCE OF BONDS, INCLUDING, BUT NOT LIMITED
TO, UNDERWRITING FEES AND FEES AND EXPENSES OF PROFESSIONAL CONSULTANTS
AND FIDUCIARIES.
(H) "DEBT SERVICE" MEANS ACTUAL DEBT SERVICE, COMPRISED OF PRINCIPAL,
INTEREST AND ASSOCIATED COSTS, AS DEFINED IN SECTION FIFTY-C OF THE
WORKERS' COMPENSATION LAW.
(I) "DIRECTOR OF THE BUDGET" OR "DIRECTOR" MEANS THE DIRECTOR OF THE
BUDGET OF THE STATE OF NEW YORK.
(J) "FINANCING COSTS" MEANS ALL COSTS OF ISSUANCE, CAPITALIZED INTER-
EST, CAPITALIZED OPERATING EXPENSES OF THE AUTHORITY AND, PURSUANT TO
THE SELF-INSURED BOND FINANCING AGREEMENT, FEES, COST OF ANY ANCILLARY
BOND FACILITY, AND ANY OTHER FEES, DISCOUNTS, EXPENSES AND COSTS RELATED
S. 2605--B 129 A. 3005--B
TO ISSUING, SECURING AND MARKETING THE BONDS INCLUDING, WITHOUT LIMITA-
TION, ANY NET ORIGINAL ISSUE DISCOUNT.
(K) "INVESTMENT SECURITIES" SHALL HAVE THE SAME MEANING AS SET FORTH
IN SECTION ONE THOUSAND SIX HUNDRED EIGHTY-L OF THIS TITLE.
(L) "INTEREST RATE EXCHANGE OR SIMILAR AGREEMENT" MEANS A WRITTEN
CONTRACT ENTERED INTO IN CONNECTION WITH THE ISSUANCE OF BONDS OR WITH
SUCH BONDS OUTSTANDING WITH A COUNTERPARTY TO PROVIDE FOR AN EXCHANGE OR
SWAP OF PAYMENTS BASED UPON FIXED AND/OR VARIABLE INTEREST RATES, AND
SHALL BE FOR EXCHANGES IN CURRENCY OF THE UNITED STATES OF AMERICA ONLY.
(M) "NET PROCEEDS" MEANS THE AMOUNT OF PROCEEDS REMAINING FOLLOWING
EACH SALE OF BONDS WHICH ARE NOT REQUIRED BY THE AUTHORITY FOR PURPOSES
OF THIS SECTION TO PAY OR PROVIDE FOR DEBT SERVICE OR FINANCING COSTS,
AS PROVIDED IN THE SELF-INSURED BOND FINANCING AGREEMENT.
(N) "OPERATING EXPENSES" MEANS THE REASONABLE OR NECESSARY OPERATING
EXPENSES OF THE AUTHORITY FOR PURPOSES OF THIS SECTION, INCLUDING, WITH-
OUT LIMITATION, THE COSTS OF: RETENTION OF AUDITORS, PREPARATION OF
ACCOUNTING AND OTHER REPORTS, MAINTENANCE OF THE RATINGS ON THE BONDS,
ANY OPERATING EXPENSE RESERVE FUND, INSURANCE PREMIUMS, ANCILLARY BOND
FACILITIES, REBATE PAYMENTS, ANNUAL MEETINGS OR OTHER REQUIRED ACTIV-
ITIES OF THE AUTHORITY, AND PROFESSIONAL CONSULTANTS AND FIDUCIARIES.
(O) "OUTSTANDING", WHEN USED WITH RESPECT TO BONDS, SHALL EXCLUDE
BONDS THAT SHALL HAVE BEEN PAID IN FULL AT MATURITY, OR SHALL HAVE
OTHERWISE BEEN REFUNDED, REDEEMED, DEFEASED OR DISCHARGED, OR THAT MAY
BE DEEMED NOT OUTSTANDING PURSUANT TO AGREEMENTS WITH THE HOLDERS THERE-
OF.
(P) "PLEDGED ASSESSMENTS REVENUES", "PLEDGED REVENUES" OR "PLEDGED
ASSESSMENTS" MEANS RECEIPTS OF THE ASSESSMENTS IMPOSED PURSUANT TO
SECTION ONE HUNDRED FIFTY-ONE OF THE WORKERS' COMPENSATION LAW AND
PLEDGED FOR THE PAYMENT OF DEBT SERVICE ON THE BONDS OR AMOUNTS DUE
PURSUANT TO AN ANCILLARY BOND FACILITY, INCLUDING THE RIGHT TO RECEIVE
SAME.
(Q) "SELF-INSURER OFFSET FUND" SHALL MEAN THE FUND COMPOSED OF REVEN-
UES, INCLUDING THOSE OBTAINED BY THE BONDS ISSUED UNDER THIS SECTION,
WHICH SHALL BE USED SOLELY FOR THE PURPOSES DESCRIBED IN SUBDIVISION
FOUR OF THIS SECTION.
(R) "SELF-INSURED EMPLOYER" MEANS INDIVIDUAL AND GROUP SELF-INSURED
EMPLOYERS ESTABLISHED IN ACCORDANCE WITH SECTION FIFTY OF THE WORKERS'
COMPENSATION LAW.
(S) "STATE" MEANS THE STATE OF NEW YORK.
(T) "SELF-INSURED BOND FINANCING AGREEMENT" OR "FINANCING AGREEMENT"
MEANS AN AGREEMENT AUTHORIZED AND CREATED PURSUANT TO SUBDIVISION FOUR
OF THIS SECTION AND SECTION FIFTY-C OF THE WORKERS' COMPENSATION LAW, AS
SAME BY ITS TERMS AND BOND PROCEEDINGS, MAY BE AMENDED.
2. THE AUTHORITY IS HEREBY AUTHORIZED TO ISSUE BONDS TO REDUCE ASSESS-
MENTS IMPOSED ON SELF-INSURED EMPLOYERS UNDER SECTION FIFTY OF THE WORK-
ERS' COMPENSATION LAW AS A RESULT OF THE UNFUNDED CLAIMS OF INDIVIDUAL
AND GROUP SELF-INSURERS. THE AUTHORITY MAY ENTER INTO ONE OR MORE SELF-
INSURED BOND FINANCING AGREEMENTS DESCRIBED IN SECTION FIFTY-C OF THE
WORKERS' COMPENSATION LAW. ALL OF THE PROVISIONS OF THE PUBLIC AUTHORI-
TIES LAW RELATING TO BONDS AND NOTES OF THE DORMITORY AUTHORITY WHICH
ARE NOT INCONSISTENT WITH THE PROVISIONS OF THIS SECTION SHALL APPLY TO
OBLIGATIONS AUTHORIZED BY THIS SECTION, INCLUDING BUT NOT LIMITED TO THE
POWER TO ESTABLISH ADEQUATE RESERVES THEREFOR AND TO ISSUE RENEWAL NOTES
OR REFUNDING BONDS THEREOF. THE PROVISIONS OF THIS SECTION SHALL APPLY
SOLELY TO OBLIGATIONS AUTHORIZED BY THIS SECTION.
S. 2605--B 130 A. 3005--B
3. IT IS FOUND AND DECLARED THAT UNFUNDED CLAIMS IN EITHER THE INDI-
VIDUAL OR GROUP SELF-INSURANCE TRUST PROGRAM WILL, ABSENT PROVISION FOR
LONG-TERM FINANCING, RESULT IN IMPOSITION OF COSTS ON ALL SELF-INSURERS
THROUGH ASSESSMENTS; THAT SUCH UNFUNDED CLAIMS AND ASSESSMENTS MAY HAVE
A DETRIMENTAL IMPACT ON BUSINESSES AND NOT-FOR-PROFIT CORPORATIONS IN
NEW YORK STATE AND ON THE PROVISION OF SERVICES TO NEW YORK RESIDENTS;
THAT WITHOUT FINANCING THE BOARD MAY BE REQUIRED TO IMPOSE HIGHER
ASSESSMENTS TO PAY SUCH UNFUNDED CLAIMS; THAT FINANCING WILL ALLOW THE
WORKERS' COMPENSATION BOARD TO PURCHASE ONE OR MORE ASSUMPTIONS OF WORK-
ERS' COMPENSATION LIABILITY POLICIES THAT WILL LIMIT THE LONG TERM LOSS-
ES FROM THESE UNFUNDED CLAIMS; THAT THE BONDS WILL PROVIDE A MORE EFFI-
CIENT MEANS OF COVERING UNFUNDED CLAIMS THAN THE CURRENT SYSTEM OF
ASSESSMENT ON ALL SELF-INSUREDS; THAT BONDS ISSUED BY THE AUTHORITY AND
SECURED BY ASSESSMENTS LEVIED, FOR THE GOVERNMENTAL PURPOSE OF FUNDING
ASSUMPTION OF WORKERS' COMPENSATION LIABILITY POLICIES, AMORTIZED OVER A
SUBSTANTIAL PERIOD WOULD ALLOW THE STATE TO LIMIT LIABILITIES AND THE
ASSESSMENTS NEEDED TO PAY THEM, THEREBY FURTHERING THE POLICY OF THE
STATE TO REDUCE THE COSTS OF WORKERS' COMPENSATION AND TO IMPROVE THE
BUSINESS CLIMATE IN THE STATE AND THE ABILITY OF NOT-FOR-PROFIT CORPO-
RATIONS TO PERFORM ESSENTIAL SERVICES WHILE COMPENSATING INJURED WORK-
ERS; THAT ALL COSTS OF THE AUTHORITY IN RELATION TO THIS SECTION SHALL
BE PAID FROM ASSESSMENTS PROVIDED FOR IN THE WORKERS' COMPENSATION LAW;
AND THAT, THEREFORE, THE PROVISIONS OF THIS SECTION ARE FOR THE PUBLIC
BENEFIT AND GOOD AND THE AUTHORIZATION AS PROVIDED IN THIS SECTION FOR
THE ISSUANCE OF REVENUE OBLIGATIONS OF THE AUTHORITY IS DECLARED TO BE
FOR A PUBLIC PURPOSE AND THE EXERCISE OF AN ESSENTIAL GOVERNMENTAL FUNC-
TION.
4. (A) THE AUTHORITY, THE COMMISSIONER OF TAXATION AND FINANCE AND THE
CHAIR, IN CONSULTATION WITH THE DIRECTOR OF THE BUDGET SHALL EXECUTE A
FINANCING AGREEMENT PRIOR TO THE ISSUANCE OF ANY BONDS. SUCH AGREEMENT
SHALL CONTAIN SUCH TERMS AND CONDITIONS AS ARE NECESSARY TO CARRY OUT
AND EFFECTUATE THE PURPOSES OF THIS SECTION, INCLUDING COVENANTS WITH
RESPECT TO THE ASSESSMENTS AND ENFORCEMENT OF THE ASSESSMENTS, THE
APPLICATION AND USE OF THE PROCEEDS OF THE SALE OF BONDS TO PRESERVE THE
TAX EXEMPTION ON THE BONDS, THE INTEREST ON WHICH IS INTENDED TO BE
EXEMPT FROM TAXATION. THE STATE SHALL NOT BE AUTHORIZED TO MAKE ANY
COVENANT, PLEDGE, PROMISE OR AGREEMENT PURPORTING TO BIND THE STATE WITH
RESPECT TO PLEDGED REVENUES, EXCEPT AS OTHERWISE SPECIFICALLY AUTHORIZED
BY THIS SECTION.
(B) THE NET PROCEEDS OF THE BONDS SHALL BE DEPOSITED IN ACCORDANCE
WITH THE SELF-INSURED BOND FINANCING AGREEMENT AND THIS SECTION. THE
SELF-INSURED BOND FINANCING AGREEMENT SHALL PROVIDE FOR THE APPLICATION
OF THE NET BOND PROCEEDS, AND SUCH BOND PROCEEDS SHALL BE USED, FOR ANY
OF THE FOLLOWING PURPOSES: (I) TO PAY UNMET COMPENSATION OR BENEFITS OF
INDIVIDUAL AND GROUP SELF-INSURED EMPLOYERS; (II) TO PURCHASE ONE OR
MORE ASSUMPTION OF WORKERS' COMPENSATION LIABILITY POLICIES TO DISCHARGE
THE LIABILITIES INCURRED OR TO BE INCURRED UNDER SUBDIVISION THREE OR
THREE-A OF SECTION FIFTY OF THE WORKERS' COMPENSATION LAW; OR (III) TO
PAY FINANCING COSTS OF THE BONDS ISSUED UNDER THIS SECTION. NOT INCON-
SISTENT WITH THIS SECTION, THE AUTHORITY MAY PROVIDE RESTRICTIONS ON THE
USE AND INVESTMENT OF NET PROCEEDS OF THE BONDS AND OTHER AMOUNTS IN THE
SELF-INSURED BOND FINANCING AGREEMENT OR OTHERWISE IN A TAX REGULATORY
AGREEMENT AS NECESSARY OR DESIRABLE TO ASSURE THAT THEY ARE EXEMPT FROM
TAXATION.
5. (A) (I) THE AUTHORITY SHALL HAVE POWER AND IS HEREBY AUTHORIZED TO
ISSUE ITS BONDS AT SUCH TIMES AND IN SUCH AGGREGATE PRINCIPAL AMOUNTS
S. 2605--B 131 A. 3005--B
NOT TO EXCEED AN AMOUNT TO BE DETERMINED BY THE CHAIR AS NECESSARY TO
FUND THE PURPOSES OF THIS SECTION, BUT IN NO CASE EXCEEDING NINE HUNDRED
MILLION DOLLARS EXCLUSIVE OF ANY BONDS ISSUED TO REFUND BONDS PREVIOUSLY
ISSUED PURSUANT TO THIS CHAPTER AND ANY BONDS ISSUED TO FUND ANY RESERVE
FUNDS COST OF ISSUANCE OR ORIGINAL ISSUE PREMIUM. THE BONDS SHALL BE
ISSUED FOR THE FOLLOWING CORPORATE PURPOSES: (A) TO PAY CURRENT UNMET
COMPENSATION OR BENEFITS OF INDIVIDUAL AND GROUP SELF-INSURED EMPLOYERS;
(B) TO PURCHASE ONE OR MORE ASSUMPTIONS OF WORKERS' COMPENSATION LIABIL-
ITY POLICIES TO DISCHARGE THE LIABILITIES INCURRED OR TO BE INCURRED
UNDER SUBDIVISION THREE OR THREE-A OF SECTION FIFTY OF THE WORKERS'
COMPENSATION LAW; OR (C) TO PAY FINANCING COSTS OF THE BONDS ISSUED
UNDER THIS SECTION.
(II) EACH ISSUANCE OF BONDS SHALL BE AUTHORIZED BY A RESOLUTION OF THE
AUTHORITY, PROVIDED, HOWEVER, THAT ANY SUCH RESOLUTION MAY DELEGATE TO
AN OFFICER OF THE AUTHORITY THE POWER TO ISSUE SUCH BONDS FROM TIME TO
TIME AND TO FIX THE DETAILS OF ANY SUCH ISSUES OF BONDS BY AN APPROPRI-
ATE CERTIFICATE OF SUCH AUTHORIZED OFFICER. EVERY ISSUE OF THE BONDS OF
THE AUTHORITY FOR THE SELF-INSURER OFFSET FUND SHALL BE SPECIAL REVENUE
OBLIGATIONS PAYABLE FROM AND SECURED BY A PLEDGE OF REVENUES AND OTHER
ASSETS, INCLUDING THOSE PROCEEDS OF SUCH BONDS DEPOSITED IN A RESERVE
FUND FOR THE BENEFIT OF BONDHOLDERS, EARNINGS ON SUCH FUNDS AND SUCH
OTHER FUNDS AND ASSETS AS MAY BECOME AVAILABLE, UPON SUCH TERMS AND
CONDITIONS AS SPECIFIED BY THE AUTHORITY IN THE RESOLUTION UNDER WHICH
THE BONDS ARE ISSUED OR IN A RELATED TRUST INDENTURE.
(III) THE AUTHORITY SHALL HAVE THE POWER AND IS HEREBY AUTHORIZED FROM
TIME TO TIME TO ISSUE BONDS, IN CONSULTATION WITH THE CHAIR, THE COMMIS-
SIONER OF TAXATION AND FINANCE AND THE DIRECTOR OF THE BUDGET, TO REFUND
ANY BONDS ISSUED UNDER THIS SECTION BY THE ISSUANCE OF NEW BONDS, WHETH-
ER THE BONDS TO BE REFUNDED HAVE OR HAVE NOT MATURED, AND TO ISSUE BONDS
PARTLY TO REFUND BONDS THEN OUTSTANDING AND PARTLY FOR ANY OF ITS OTHER
CORPORATE PURPOSES UNDER THIS SECTION. THE REFUNDING BONDS MAY BE
EXCHANGED FOR THE BONDS TO BE REFUNDED OR SOLD AND THE PROCEEDS APPLIED
TO THE PURCHASE, REDEMPTION OR PAYMENT OF SUCH BONDS.
(B) THE BONDS OF THE AUTHORITY OF EACH ISSUE SHALL BE DATED, SHALL
BEAR INTEREST (WHICH, IN THE OPINION OF BOND COUNSEL TO THE AUTHORITY,
MAY BE INCLUDABLE IN OR EXCLUDABLE FROM THE GROSS INCOME OF THE OWNERS
FOR FEDERAL INCOME TAX PURPOSES) AT SUCH FIXED OR VARIABLE RATES, PAYA-
BLE AT OR PRIOR TO MATURITY, AND SHALL MATURE AT SUCH TIME OR TIMES, AS
MAY BE DETERMINED BY THE AUTHORITY AND MAY BE MADE REDEEMABLE BEFORE
MATURITY, AT THE OPTION OF THE AUTHORITY, AT SUCH PRICE OR PRICES AND
UNDER SUCH TERMS AND CONDITIONS AS MAY BE FIXED BY THE AUTHORITY. THE
PRINCIPAL AND INTEREST OF SUCH BONDS MAY BE MADE PAYABLE IN ANY LAWFUL
MEDIUM. THE RESOLUTION OR THE CERTIFICATE OF THE AUTHORIZED OFFICER
SHALL DETERMINE THE FORM OF THE BONDS, EITHER REGISTERED OR BOOK-ENTRY
FORM, AND THE MANNER OF EXECUTION OF THE BONDS AND SHALL FIX THE DENOMI-
NATION OR DENOMINATIONS OF THE BONDS AND THE PLACE OR PLACES OF PAYMENT
OF PRINCIPAL AND INTEREST THEREOF, WHICH MAY BE AT ANY BANK OR TRUST
COMPANY WITHIN OR OUTSIDE THE STATE. IF ANY OFFICER WHOSE SIGNATURE OR A
FACSIMILE THEREOF APPEARS ON ANY BONDS SHALL CEASE TO BE SUCH OFFICER
BEFORE THE DELIVERY OF SUCH BONDS, SUCH SIGNATURE OR FACSIMILE SHALL
NEVERTHELESS BE VALID AND SUFFICIENT FOR ALL PURPOSES THE SAME AS IF
SUCH OFFICER HAD REMAINED IN OFFICE UNTIL SUCH DELIVERY. THE AUTHORITY
MAY ALSO PROVIDE FOR TEMPORARY BONDS AND FOR THE REPLACEMENT OF ANY BOND
THAT SHALL BECOME MUTILATED OR SHALL BE DESTROYED OR LOST.
(C) THE AUTHORITY MAY SELL SUCH BONDS, EITHER AT A PUBLIC OR PRIVATE
SALE AND EITHER ON A COMPETITIVE OR NEGOTIATED BASIS, PROVIDED NO SUCH
S. 2605--B 132 A. 3005--B
BONDS MAY BE SOLD BY THE AUTHORITY AT PRIVATE SALE UNLESS SUCH SALE AND
THE TERMS THEREOF HAVE BEEN APPROVED IN WRITING BY THE COMPTROLLER OF
THE STATE OF NEW YORK. THE PROCEEDS OF SUCH BONDS SHALL BE DISBURSED FOR
THE PURPOSES FOR WHICH SUCH BONDS WERE ISSUED UNDER SUCH RESTRICTIONS AS
THE FINANCING AGREEMENT AND THE RESOLUTION AUTHORIZING THE ISSUANCE OF
SUCH BONDS OR THE RELATED TRUST INDENTURE MAY PROVIDE. SUCH BONDS SHALL
BE ISSUED WITHOUT ANY OTHER APPROVALS, FILINGS, PROCEEDINGS OR THE
HAPPENING OF ANY OTHER CONDITIONS OTHER THAN ANY APPROVALS, FINDINGS,
PROCEEDINGS, OR OTHER CONDITIONS THAT ARE SPECIFIED AND EXPRESSLY
REQUIRED BY THIS SECTION; PROVIDED, HOWEVER, THAT ANY ISSUANCE OF BONDS
UNDER THE AUTHORITY OF THIS SECTION SHALL BE CONSIDERED A PROJECT FOR
THE PURPOSES OF SECTION FIFTY-ONE OF THIS CHAPTER AND SUBJECT TO
APPROVAL UNDER SUCH SECTION.
(D) ANY PLEDGE MADE BY THE AUTHORITY SHALL BE VALID AND BINDING AT THE
TIME THE PLEDGE IS MADE. THE ASSETS, PROPERTY, REVENUES, RESERVES OR
EARNINGS SO PLEDGED SHALL IMMEDIATELY BE SUBJECT TO THE LIEN OF SUCH
PLEDGE WITHOUT ANY PHYSICAL DELIVERY THEREOF OR FURTHER ACT AND THE LIEN
OF ANY SUCH PLEDGE SHALL BE VALID AND BINDING AS AGAINST ALL PARTIES
HAVING CLAIMS OF ANY KIND AGAINST THE AUTHORITY, IRRESPECTIVE OF WHETHER
SUCH PARTIES HAVE NOTICE THEREOF. NOTWITHSTANDING ANY OTHER PROVISION OF
LAW TO THE CONTRARY, NEITHER THE BOND RESOLUTION NOR ANY INDENTURE OR
OTHER INSTRUMENT, INCLUDING THE FINANCING AGREEMENT, BY WHICH A PLEDGE
IS CREATED OR BY WHICH THE AUTHORITY'S INTEREST IN PLEDGED ASSETS, PROP-
ERTY, REVENUES, RESERVES OR EARNINGS THEREON IS ASSIGNED NEED BE FILED,
PERFECTED OR RECORDED IN ANY PUBLIC RECORDS IN ORDER TO PROTECT THE
PLEDGE THEREOF OR PERFECT THE LIEN THEREOF AS AGAINST THIRD PARTIES,
EXCEPT THAT A COPY THEREOF SHALL BE FILED IN THE RECORDS OF THE AUTHORI-
TY.
(E) WHETHER OR NOT THE BONDS OF THE AUTHORITY ARE OF SUCH FORM AND
CHARACTER AS TO BE NEGOTIABLE INSTRUMENTS UNDER THE TERMS OF THE UNIFORM
COMMERCIAL CODE, THE BONDS ARE HEREBY MADE NEGOTIABLE INSTRUMENTS FOR
ALL PURPOSES, SUBJECT ONLY TO THE PROVISIONS OF THE BONDS FOR REGISTRA-
TION.
(F) AT THE SOLE DISCRETION OF THE AUTHORITY, ANY BONDS ISSUED BY THE
AUTHORITY AND ANY ANCILLARY BOND FACILITY MADE UNDER THE PROVISIONS OF
THIS SUBDIVISION MAY BE SECURED BY A RESOLUTION OR TRUST INDENTURE BY
AND BETWEEN THE AUTHORITY AND THE TRUST INDENTURE TRUSTEE, WHICH MAY BE
ANY TRUST COMPANY OR BANK HAVING THE POWERS OF A TRUST COMPANY, WHETHER
LOCATED WITHIN OR OUTSIDE THE STATE, PROVIDED IT IS CARRIED OUT IN
ACCORDANCE WITH SECTION SIXTY-NINE-D OF THE STATE FINANCE LAW. SUCH
TRUST INDENTURE OR RESOLUTION PROVIDING FOR THE ISSUANCE OF SUCH BONDS
MAY PROVIDE FOR THE CREATION AND MAINTENANCE OF SUCH RESERVES AS THE
AUTHORITY SHALL DETERMINE TO BE PROPER AND MAY INCLUDE COVENANTS SETTING
FORTH THE DUTIES OF THE AUTHORITY IN RELATION TO THE BONDS, OR THE
FINANCING AGREEMENT. SUCH TRUST INDENTURE OR RESOLUTION MAY CONTAIN
PROVISIONS: (I) RESPECTING THE CUSTODY, SAFE-GUARDING AND APPLICATION OF
ALL MONEYS AND SECURITIES; (II) PROTECTING AND ENFORCING THE RIGHTS AND
REMEDIES (PURSUANT TO THE TRUST INDENTURE AND THE FINANCING AGREEMENT)
OF THE OWNERS OF THE BONDS AND ANY OTHER BENEFITED PARTY AS MAY BE
REASONABLE AND PROPER AND NOT IN VIOLATION OF LAW; (III) CONCERNING THE
RIGHTS, POWERS AND DUTIES OF THE TRUSTEE APPOINTED BY BONDHOLDERS PURSU-
ANT TO PARAGRAPH (G) OF THIS SUBDIVISION; OR (IV) LIMITING OR ABROGATING
THE RIGHT OF THE BONDHOLDERS TO APPOINT A TRUSTEE. IT SHALL BE LAWFUL
FOR ANY BANK OR TRUST COMPANY WHICH MAY ACT AS DEPOSITORY OF THE
PROCEEDS OF BONDS OR OF ANY OTHER FUNDS OR OBLIGATIONS RECEIVED ON
BEHALF OF THE AUTHORITY TO FURNISH SUCH INDEMNIFYING BONDS OR TO PLEDGE
S. 2605--B 133 A. 3005--B
SUCH SECURITIES AS MAY BE REQUIRED BY THE AUTHORITY. ANY SUCH TRUST
INDENTURE OR RESOLUTION MAY CONTAIN SUCH OTHER PROVISIONS AS THE AUTHOR-
ITY MAY DEEM REASONABLE AND PROPER FOR PRIORITIES AND SUBORDINATION
AMONG THE OWNERS OF THE BONDS AND OTHER BENEFICIARIES. FOR PURPOSES OF
THIS SECTION, A "RESOLUTION" OF THE AUTHORITY SHALL INCLUDE ANY TRUST
INDENTURE AUTHORIZED THEREBY.
(G) THE AUTHORITY MAY ENTER INTO, AMEND OR TERMINATE, AS IT DETERMINES
TO BE NECESSARY OR APPROPRIATE, ANY ANCILLARY BOND FACILITY IN CONSULTA-
TION WITH THE CHAIR AND DIRECTOR OF THE BUDGET (I) TO FACILITATE THE
ISSUANCE, SALE, RESALE, PURCHASE, REPURCHASE OR PAYMENT OF BONDS, INTER-
EST RATE SAVINGS OR MARKET DIVERSIFICATION OR THE MAKING OR PERFORMANCE
OF INTEREST RATE EXCHANGE OR SIMILAR AGREEMENTS, INCLUDING WITHOUT LIMI-
TATION BOND INSURANCE, LETTERS OF CREDIT AND LIQUIDITY FACILITIES, (II)
TO ATTEMPT TO MANAGE OR HEDGE RISK OR ACHIEVE A DESIRABLE EFFECTIVE
INTEREST RATE OR CASH FLOW, OR (III) TO PLACE THE OBLIGATIONS OR INVEST-
MENTS OF THE AUTHORITY, AS REPRESENTED BY THE BONDS OR THE INVESTMENT OF
RESERVED BOND PROCEEDS OR OTHER PLEDGED REVENUES OR OTHER ASSETS, IN
WHOLE OR IN PART, ON THE INTEREST RATE, CASH FLOW OR OTHER BASIS DECIDED
IN CONSULTATION WITH THE CHAIR AND DIRECTOR OF THE BUDGET, WHICH FACILI-
TY MAY INCLUDE WITHOUT LIMITATION CONTRACTS COMMONLY KNOWN AS INTEREST
RATE EXCHANGE OR SIMILAR AGREEMENTS, FORWARD PURCHASE CONTRACTS OR GUAR-
ANTEED INVESTMENT CONTRACTS AND FUTURES OR CONTRACTS PROVIDING FOR
PAYMENTS BASED ON LEVELS OF, OR CHANGES IN, INTEREST RATES. THESE
CONTRACTS OR ARRANGEMENTS MAY BE ENTERED INTO BY THE AUTHORITY IN
CONNECTION WITH, OR INCIDENTAL TO, ENTERING INTO, OR MAINTAINING ANY
AGREEMENT WHICH SECURES BONDS OF THE AUTHORITY OR INVESTMENT, OR
CONTRACT PROVIDING FOR INVESTMENT OF RESERVES OR SIMILAR FACILITY GUAR-
ANTEEING AN INVESTMENT RATE FOR A PERIOD OF YEARS NOT TO EXCEED THE
UNDERLYING TERM OF THE BONDS. THE DETERMINATION BY THE AUTHORITY THAT AN
ANCILLARY BOND FACILITY OR THE AMENDMENT OR TERMINATION THEREOF IS
NECESSARY OR APPROPRIATE AS AFORESAID SHALL BE CONCLUSIVE. ANY ANCILLARY
BOND FACILITY MAY CONTAIN SUCH PAYMENT, SECURITY, DEFAULT, REMEDY, AND
TERMINATION PROVISIONS AND PAYMENTS AND OTHER TERMS AND CONDITIONS AS
DETERMINED BY THE AUTHORITY, AFTER GIVING DUE CONSIDERATION TO THE
CREDITWORTHINESS OF THE COUNTERPARTY OR OTHER OBLIGATED PARTY, INCLUDING
ANY RATING BY ANY NATIONALLY RECOGNIZED RATING AGENCY, AND ANY OTHER
CRITERIA AS MAY BE APPROPRIATE.
(H) THE AUTHORITY, SUBJECT TO SUCH AGREEMENTS WITH BONDHOLDERS AS MAY
THEN EXIST (INCLUDING PROVISIONS WHICH RESTRICT THE POWER OF THE AUTHOR-
ITY TO PURCHASE BONDS), OR WITH THE PROVIDERS OF ANY APPLICABLE ANCIL-
LARY BOND FACILITY, SHALL HAVE THE POWER OUT OF ANY FUNDS AVAILABLE
THEREFOR TO PURCHASE BONDS OF THE AUTHORITY, WHICH MAY OR MAY NOT THERE-
UPON BE CANCELLED, AT A PRICE NOT SUBSTANTIALLY EXCEEDING:
(I) IF THE BONDS ARE THEN REDEEMABLE, THE REDEMPTION PRICE THEN APPLI-
CABLE, INCLUDING ANY ACCRUED INTEREST; OR
(II) IF THE BONDS ARE NOT THEN REDEEMABLE, THE REDEMPTION PRICE AND
ACCRUED INTEREST APPLICABLE ON THE FIRST DATE AFTER SUCH PURCHASE UPON
WHICH THE BONDS BECOME SUBJECT TO REDEMPTION.
(I) NEITHER THE MEMBERS OF THE AUTHORITY NOR ANY OTHER PERSON EXECUT-
ING THE BONDS OR AN ANCILLARY BOND FACILITY OF THE AUTHORITY SHALL BE
SUBJECT TO ANY PERSONAL LIABILITY BY REASON OF THE ISSUANCE OR EXECUTION
AND DELIVERY THEREOF.
(J) THE MATURITIES OF THE BONDS SHALL NOT EXCEED THIRTY YEARS FROM
THEIR RESPECTIVE ISSUANCE.
6. NEITHER ANY BOND ISSUED PURSUANT TO THIS SECTION NOR ANY ANCILLARY
BOND FACILITY OF THE AUTHORITY SHALL CONSTITUTE A DEBT OR MORAL OBLI-
S. 2605--B 134 A. 3005--B
GATION OF THE STATE OR A STATE SUPPORTED OBLIGATION WITHIN THE MEANING
OF ANY CONSTITUTIONAL OR STATUTORY PROVISION OR A PLEDGE OF THE FAITH
AND CREDIT OF THE STATE OR OF THE TAXING POWER OF THE STATE, AND THE
STATE SHALL NOT BE LIABLE TO MAKE ANY PAYMENTS THEREON NOR SHALL ANY
BOND OR ANY ANCILLARY BOND FACILITY BE PAYABLE OUT OF ANY FUNDS OR
ASSETS OTHER THAN PLEDGED REVENUES AND OTHER ASSETS OF THE AUTHORITY AND
OTHER FUNDS AND ASSETS OF OR AVAILABLE TO THE AUTHORITY PLEDGED THERE-
FOR, AND THE BONDS AND ANY ANCILLARY BOND FACILITY OF THE AUTHORITY
SHALL CONTAIN ON THE FACE THEREOF OR OTHER PROMINENT PLACE THEREON A
STATEMENT TO THE FOREGOING EFFECT.
7. (A) SUBJECT TO THE PROVISIONS OF SUBDIVISION FIVE OF THIS SECTION
IN THE EVENT THAT THE AUTHORITY SHALL DEFAULT IN THE PAYMENT OF PRINCI-
PAL OF, OR INTEREST ON, OR SINKING FUND PAYMENT ON, ANY ISSUE OF BONDS
AFTER THE SAME SHALL BECOME DUE, WHETHER AT MATURITY OR UPON CALL FOR
REDEMPTION, OR IN THE EVENT THAT THE AUTHORITY OR THE STATE SHALL FAIL
TO COMPLY WITH ANY AGREEMENT MADE WITH THE HOLDERS OF ANY ISSUE OF
BONDS, THE HOLDERS OF TWENTY-FIVE PERCENT IN AGGREGATE PRINCIPAL AMOUNT
OF THE BONDS OF SUCH ISSUE THEN OUTSTANDING, BY INSTRUMENT OR INSTRU-
MENTS FILED IN THE OFFICE OF THE CLERK OF THE COUNTY OF ALBANY AND
PROVED OR ACKNOWLEDGED IN THE SAME MANNER AS A DEED TO BE RECORDED, MAY
APPOINT A TRUSTEE TO REPRESENT THE HOLDERS OF SUCH BONDS FOR THE
PURPOSES HEREIN PROVIDED.
(B) SUCH TRUSTEE, MAY, AND UPON WRITTEN REQUEST OF THE HOLDERS OF
TWENTY-FIVE PERCENT IN PRINCIPAL AMOUNT OF SUCH BONDS THEN OUTSTANDING
SHALL, IN HIS OR ITS OWN NAME:
(I) BY SUIT, ACTION OR PROCEEDING IN ACCORDANCE WITH THE CIVIL PRAC-
TICE LAW AND RULES, ENFORCE ALL RIGHTS OF THE BONDHOLDERS, INCLUDING THE
RIGHT TO REQUIRE THE AUTHORITY TO CARRY OUT ANY AGREEMENT WITH SUCH
HOLDERS AND TO PERFORM ITS DUTIES UNDER THIS SECTION;
(II) BRING SUIT UPON SUCH BONDS;
(III) BY ACTION OR SUIT, REQUIRE THE AUTHORITY TO ACCOUNT AS IF IT
WERE THE TRUSTEE OF AN EXPRESS TRUST FOR THE HOLDERS OF SUCH BONDS;
(IV) BY ACTION OR SUIT, ENJOIN ANY ACTS OR THINGS WHICH MAY BE UNLAW-
FUL OR IN VIOLATION OF THE RIGHTS OF THE HOLDERS OF SUCH BONDS; AND
(V) DECLARE ALL SUCH BONDS DUE AND PAYABLE, AND IF ALL DEFAULTS SHALL
BE MADE GOOD, THEN, WITH THE CONSENT OF THE HOLDERS OF TWENTY-FIVE
PERCENT OF THE PRINCIPAL AMOUNT OF SUCH BONDS THEN OUTSTANDING, ANNUL
SUCH DECLARATION AND ITS CONSEQUENCES, PROVIDED, HOWEVER, THAT NOTHING
IN THIS SUBDIVISION SHALL PRECLUDE THE AUTHORITY FROM AGREEING THAT
CONSENT OF THE PROVIDER OF AN ANCILLARY BOND FACILITY IS REQUIRED FOR AN
ACCELERATION OF RELATED BONDS IN THE EVENT OF A DEFAULT OTHER THAN A
FAILURE TO PAY PRINCIPAL OF OR INTEREST ON THE BONDS WHEN DUE.
(C) THE SUPREME COURT SHALL HAVE JURISDICTION OF ANY SUIT, ACTION OR
PROCEEDING BY THE TRUSTEE ON BEHALF OF SUCH BONDHOLDERS. THE VENUE OF
ANY SUCH SUIT, ACTION OR PROCEEDING SHALL BE LAID IN THE COUNTY OF ALBA-
NY.
(D) BEFORE DECLARING THE PRINCIPAL OF BONDS DUE AND PAYABLE, THE TRUS-
TEE SHALL FIRST GIVE THIRTY DAYS NOTICE IN WRITING TO THE AUTHORITY.
8. ALL MONIES OF THE AUTHORITY FROM WHATEVER SOURCE DERIVED SHALL BE
PAID TO THE TREASURER OF THE AUTHORITY AND SHALL BE DEPOSITED FORTHWITH
IN A BANK OR BANKS DESIGNATED BY THE AUTHORITY. THE MONIES IN SUCH
ACCOUNTS SHALL BE PAID OUT OR WITHDRAWN ON THE ORDER OF SUCH PERSON OR
PERSONS AS THE AUTHORITY MAY AUTHORIZE TO MAKE SUCH REQUISITIONS. ALL
DEPOSITS OF SUCH MONIES SHALL EITHER BE SECURED BY OBLIGATIONS OF THE
UNITED STATES OR OF THE STATE OR OF ANY MUNICIPALITY OF A MARKET VALUE
EQUAL AT ALL TIMES TO THE AMOUNT ON DEPOSIT, OR MONIES OF THE AUTHORITY
S. 2605--B 135 A. 3005--B
MAY BE DEPOSITED IN MONEY MARKET FUNDS RATED IN THE HIGHEST SHORT-TERM
OR LONG-TERM RATING CATEGORY BY AT LEAST ONE NATIONALLY RECOGNIZED
RATING AGENCY. TO THE EXTENT PRACTICABLE, AND CONSISTENT WITH THE
REQUIREMENTS OF THE AUTHORITY, ALL SUCH MONIES SHALL BE DEPOSITED IN
INTEREST BEARING ACCOUNTS. THE AUTHORITY SHALL HAVE POWER, NOTWITHSTAND-
ING THE PROVISIONS OF THIS SECTION, TO CONTRACT WITH THE HOLDERS OF ANY
BONDS AS TO THE CUSTODY, COLLECTION, SECURITY, INVESTMENT AND PAYMENT OF
ANY MONIES OF THE AUTHORITY OR ANY MONIES HELD IN TRUST OR OTHERWISE FOR
THE PAYMENT OF BONDS OR ANY WAY TO SECURE BONDS, AND CARRY OUT ANY SUCH
CONTRACT NOTWITHSTANDING THAT SUCH CONTRACT MAY BE INCONSISTENT WITH THE
PROVISIONS OF THIS SECTION. MONIES HELD IN TRUST OR OTHERWISE FOR THE
PAYMENT OF BONDS OR IN ANY WAY TO SECURE BONDS AND DEPOSITS OF SUCH
MONEYS MAY BE SECURED IN THE SAME MANNER AS MONIES OF THE AUTHORITY AND
ALL BANKS AND TRUST COMPANIES ARE AUTHORIZED TO GIVE SUCH SECURITY FOR
SUCH DEPOSITS. ANY MONIES OF THE AUTHORITY NOT REQUIRED FOR IMMEDIATE
USE OR DISBURSEMENT MAY, AT THE DISCRETION OF THE AUTHORITY, BE INVESTED
IN ACCORDANCE WITH LAW AND SUCH GUIDELINES AS ARE APPROVED BY THE
AUTHORITY.
9. (A) IT IS HEREBY DETERMINED THAT THE CARRYING OUT BY THE AUTHORITY
OF ITS CORPORATE PURPOSES UNDER THIS SECTION ARE IN ALL RESPECTS FOR THE
BENEFIT OF THE PEOPLE OF THE STATE OF NEW YORK AND ARE PUBLIC PURPOSES.
ACCORDINGLY, THE AUTHORITY SHALL BE REGARDED AS PERFORMING AN ESSENTIAL
GOVERNMENTAL FUNCTION IN THE EXERCISE OF THE POWERS CONFERRED UPON IT BY
THIS SECTION. THE PROPERTY OF THE AUTHORITY, ITS INCOME AND ITS OPER-
ATIONS SHALL BE EXEMPT FROM TAXATION, ASSESSMENTS, SPECIAL ASSESSMENTS
AND AD VALOREM LEVIES. THE AUTHORITY SHALL NOT BE REQUIRED TO PAY ANY
FEES, TAXES, SPECIAL AD VALOREM LEVIES OR ASSESSMENTS OF ANY KIND,
WHETHER STATE OR LOCAL, INCLUDING, BUT NOT LIMITED TO, REAL PROPERTY
TAXES, FRANCHISE TAXES, SALES TAXES OR OTHER TAXES, UPON OR WITH RESPECT
TO ANY PROPERTY OWNED BY IT OR UNDER ITS JURISDICTION, CONTROL OR SUPER-
VISION, OR UPON THE USES THEREOF, OR UPON OR WITH RESPECT TO ITS ACTIV-
ITIES OR OPERATIONS IN FURTHERANCE OF THE POWERS CONFERRED UPON IT BY
THIS SECTION, OR UPON OR WITH RESPECT TO ANY ASSESSMENTS, RATES, CHARG-
ES, FEES, REVENUES OR OTHER INCOME RECEIVED BY THE AUTHORITY.
(B) ANY BONDS ISSUED PURSUANT TO THIS SECTION, THEIR TRANSFER AND THE
INCOME THEREFROM SHALL, AT ALL TIMES, BE EXEMPT FROM TAXATION EXCEPT FOR
ESTATE OR GIFT TAXES AND TAXES ON TRANSFERS.
(C) THE STATE HEREBY COVENANTS WITH THE PURCHASERS AND WITH ALL SUBSE-
QUENT HOLDERS AND TRANSFEREES OF BONDS ISSUED BY THE AUTHORITY PURSUANT
TO THIS SECTION, IN CONSIDERATION OF THE ACCEPTANCE OF AND PAYMENT FOR
THE BONDS, THAT THE BONDS OF THE AUTHORITY ISSUED PURSUANT TO THIS
SECTION AND THE INCOME THEREFROM AND ALL ASSESSMENTS, REVENUES, MONEYS,
AND OTHER PROPERTY RECEIVED BY THE AUTHORITY AND PLEDGED TO PAY OR TO
SECURE THE PAYMENT OF SUCH BONDS SHALL AT ALL TIMES BE EXEMPT FROM TAXA-
TION.
(D) IN THE CASE OF ANY BONDS OF THE AUTHORITY, INTEREST ON WHICH IS
INTENDED TO BE EXEMPT FROM FEDERAL INCOME TAX, THE AUTHORITY SHALL
PRESCRIBE RESTRICTIONS ON THE USE OF THE PROCEEDS THEREOF AND RELATED
MATTERS ONLY AS ARE NECESSARY OR DESIRABLE TO ASSURE SUCH EXEMPTION, AND
THE RECIPIENTS OF SUCH PROCEEDS SHALL BE BOUND THEREBY TO THE EXTENT
SUCH RESTRICTIONS SHALL BE MADE APPLICABLE TO THEM. ANY SUCH RECIPIENT,
INCLUDING, BUT NOT LIMITED TO, THE STATE, THE STATE INSURANCE FUND, A
PUBLIC BENEFIT CORPORATION, AND A SCHOOL DISTRICT OR MUNICIPALITY IS
AUTHORIZED TO EXECUTE A TAX REGULATORY AGREEMENT WITH THE AUTHORITY OR
THE STATE, AS THE CASE MAY BE, AND THE EXECUTION OF SUCH AN AGREEMENT
S. 2605--B 136 A. 3005--B
MAY BE TREATED BY THE AUTHORITY OR THE STATE AS A CONDITION TO RECEIVING
ANY SUCH PROCEEDS.
10. (A) THE STATE, SOLELY WITH RESPECT TO THE RESOURCES OF THE
SELF-INSURER OFFSET FUND AND AS SET FORTH IN THE SELF-INSURED BOND
FINANCING AGREEMENT, COVENANTS WITH THE PURCHASERS AND ALL SUBSEQUENT
OWNERS AND TRANSFEREES OF BONDS ISSUED BY THE AUTHORITY PURSUANT TO THIS
SECTION IN CONSIDERATION OF THE ACCEPTANCE OF THE PAYMENT OF THE BONDS,
UNTIL THE BONDS, TOGETHER WITH THE INTEREST THEREON, WITH INTEREST ON
ANY UNPAID INSTALLMENT OF INTEREST AND ALL COSTS AND EXPENSES IN
CONNECTION WITH ANY ACTION OR PROCEEDING ON BEHALF OF THE OWNERS, ARE
FULLY MET AND DISCHARGED OR UNLESS EXPRESSLY PERMITTED OR OTHERWISE
AUTHORIZED BY THE TERMS OF EACH FINANCING AGREEMENT AND ANY CONTRACT
MADE OR ENTERED INTO BY THE AUTHORITY WITH OR FOR THE BENEFIT OF SUCH
OWNERS:
(I) THAT IN THE EVENT BONDS OF THE AUTHORITY ARE SOLD AS FEDERALLY
TAX-EXEMPT BONDS, THE STATE SHALL NOT TAKE ANY ACTION OR FAIL TO TAKE
ACTION THAT WOULD RESULT IN THE LOSS OF SUCH FEDERAL TAX EXEMPTION ON
SAID BONDS;
(II) THAT THE STATE WILL CAUSE THE WORKERS' COMPENSATION BOARD TO
IMPOSE, CHARGE, RAISE, LEVY, COLLECT AND APPLY THE PLEDGED ASSESSMENTS
FOR THE PAYMENT OF DEBT SERVICE REQUIREMENTS IN EACH YEAR IN WHICH BONDS
ARE OUTSTANDING; AND
(III) THAT THE STATE, SUBSEQUENT TO THE ISSUANCE OF BONDS UNDER THIS
SECTION:
(A) WILL NOT MATERIALLY LIMIT OR ALTER THE DUTIES IMPOSED ON THE WORK-
ERS' COMPENSATION BOARD, THE AUTHORITY, AND OTHER OFFICERS OF THE STATE
BY THE SELF-INSURED BOND FINANCING AGREEMENT AND THE BOND PROCEEDINGS
AUTHORIZING THE ISSUANCE OF BONDS WITH RESPECT TO APPLICATION OF PLEDGED
ASSESSMENTS FOR THE PAYMENT OF DEBT SERVICE REQUIREMENTS;
(B) WILL NOT ISSUE ANY BONDS, NOTES OR OTHER EVIDENCES OF INDEBT-
EDNESS, OTHER THAN THE BONDS AUTHORIZED BY THIS SECTION, HAVING ANY
RIGHTS ARISING OUT OF SUBPARAGRAPH TWO OF PARAGRAPH C OF SUBDIVISION
FIVE OF SECTION FIFTY OF THE WORKERS' COMPENSATION LAW OR THIS SECTION
OR SECURED BY ANY PLEDGE OF OR OTHER LIEN OR CHARGE ON THE REVENUES
PLEDGED FOR THE PAYMENT OF DEBT SERVICE REQUIREMENTS; EXCEPT FOR BONDS
AUTHORIZED UNDER SUBDIVISION EIGHT OF SECTION FIFTEEN OF THE WORKERS'
COMPENSATION LAW.
(C) WILL NOT CREATE OR CAUSE TO BE CREATED ANY LIEN OR CHARGE ON THE
PLEDGED REVENUES, OTHER THAN A LIEN OR PLEDGE CREATED THEREON PURSUANT
TO SAID SECTIONS;
(D) WILL CARRY OUT AND PERFORM, OR CAUSE TO BE CARRIED OUT AND
PERFORMED, EACH AND EVERY PROMISE, COVENANT, AGREEMENT OR CONTRACT MADE
OR ENTERED INTO BY THE FINANCING AGREEMENT, BY THE AUTHORITY OR ON ITS
BEHALF WITH THE BOND OWNERS OF ANY BONDS;
(E) WILL NOT IN ANY WAY IMPAIR THE RIGHTS, EXEMPTIONS OR REMEDIES OF
THE BOND OWNERS; AND
(F) WILL NOT LIMIT, MODIFY, RESCIND, REPEAL OR OTHERWISE ALTER THE
RIGHTS OR OBLIGATIONS OF THE APPROPRIATE OFFICERS OF THE STATE TO
IMPOSE, MAINTAIN, CHARGE OR COLLECT THE ASSESSMENTS CONSTITUTING THE
PLEDGED REVENUES AS MAY BE NECESSARY TO PRODUCE SUFFICIENT REVENUES TO
FULFILL THE TERMS OF THE PROCEEDINGS AUTHORIZING THE ISSUANCE OF THE
BONDS, INCLUDING PLEDGED REVENUE COVERAGE REQUIREMENTS.
(B) NOTWITHSTANDING THE PROVISIONS OF PARAGRAPH (A) OF THIS SUBDIVI-
SION:
S. 2605--B 137 A. 3005--B
(I) THE REMEDIES AVAILABLE TO THE AUTHORITY AND THE BONDHOLDERS FOR
ANY BREACH OF THE PLEDGES AND AGREEMENTS OF THE STATE SET FORTH IN THIS
SUBDIVISION SHALL BE LIMITED TO INJUNCTIVE RELIEF;
(II) NOTHING IN THIS SUBDIVISION SHALL PREVENT THE AUTHORITY FROM
ISSUING EVIDENCES OF INDEBTEDNESS:
(A) WHICH ARE SECURED BY A PLEDGE OR LIEN WHICH IS, AND SHALL ON THE
FACE THEREOF, BE EXPRESSLY SUBORDINATE AND JUNIOR IN ALL RESPECTS TO
EVERY LIEN AND PLEDGE CREATED BY OR PURSUANT TO SAID SECTIONS; OR
(B) WHICH ARE SECURED BY A PLEDGE OF OR LIEN ON MONEYS OR FUNDS
DERIVED ON OR AFTER THE DATE EVERY PLEDGE OR LIEN THEREON CREATED BY OR
PURSUANT TO SAID SECTIONS SHALL BE DISCHARGED AND SATISFIED; AND
(III) NOTHING IN THIS SUBDIVISION SHALL PRECLUDE THE STATE FROM EXER-
CISING ITS POWER, THROUGH A CHANGE IN LAW, TO LIMIT, MODIFY, RESCIND,
REPEAL OR OTHERWISE ALTER THE CHARACTER OF THE PLEDGED ASSESSMENTS OR
REVENUES OR TO SUBSTITUTE LIKE OR DIFFERENT SOURCES OF ASSESSMENTS,
TAXES, FEES, CHARGES OR OTHER RECEIPTS AS PLEDGED REVENUES IF AND WHEN
ADEQUATE PROVISION SHALL BE MADE BY LAW FOR THE PROTECTION OF THE HOLD-
ERS OF OUTSTANDING BONDS PURSUANT TO THE PROCEEDINGS UNDER WHICH THE
BONDS ARE ISSUED, INCLUDING CHANGING OR ALTERING THE METHOD OF ESTAB-
LISHING THE SPECIAL ASSESSMENTS.
(C) THE AUTHORITY IS AUTHORIZED TO INCLUDE THIS COVENANT OF THE STATE,
AS A CONTRACT OF THE STATE, IN ANY AGREEMENT WITH THE OWNER OF ANY BONDS
ISSUED PURSUANT TO THIS SECTION AND IN ANY CREDIT FACILITY OR REIMBURSE-
MENT AGREEMENT WITH RESPECT TO SUCH BONDS. NOTWITHSTANDING THESE PLEDG-
ES AND AGREEMENTS BY THE STATE, THE ATTORNEY GENERAL MAY IN HIS OR HER
DISCRETION ENFORCE ANY AND ALL PROVISIONS RELATED TO THE SELF-INSURED
BOND FUND, WITHOUT LIMITATION.
(D) PRIOR TO THE DATE WHICH IS ONE YEAR AND ONE DAY AFTER THE AUTHORI-
TY NO LONGER HAS ANY BONDS ISSUED PURSUANT TO THIS SECTION OUTSTANDING,
THE AUTHORITY SHALL HAVE NO AUTHORITY TO FILE A VOLUNTARY PETITION UNDER
CHAPTER NINE OF THE FEDERAL BANKRUPTCY CODE OR SUCH CORRESPONDING CHAP-
TER OR SECTIONS AS MAY BE IN EFFECT, AND NEITHER ANY PUBLIC OFFICER NOR
ANY ORGANIZATION, ENTITY OR OTHER PERSON SHALL AUTHORIZE THE AUTHORITY
TO BE OR BECOME A DEBTOR UNDER CHAPTER NINE OR ANY SUCCESSOR OR CORRE-
SPONDING CHAPTER OR SECTIONS DURING SUCH PERIOD. THE STATE HEREBY COVEN-
ANTS WITH THE OWNERS OF THE BONDS OF THE AUTHORITY THAT THE STATE WILL
NOT LIMIT OR ALTER THE DENIAL OF AUTHORITY UNDER THIS SUBDIVISION DURING
THE PERIOD REFERRED TO IN THE PRECEDING SENTENCE. THE AUTHORITY IS
AUTHORIZED TO INCLUDE THIS COVENANT OF THE STATE, AS A CONTRACT OF THE
STATE, IN ANY AGREEMENT WITH THE OWNER OF ANY BONDS ISSUED PURSUANT TO
THIS SECTION.
(E) TO THE EXTENT DEEMED APPROPRIATE BY THE AUTHORITY ANY PLEDGE AND
AGREEMENT OF THE STATE WITH RESPECT TO THE BONDS AS PROVIDED IN THIS
SECTION MAY BE EXTENDED TO, AND INCLUDED IN, ANY ANCILLARY BOND FACILITY
AS A PLEDGE AND AGREEMENT OF THE STATE WITH THE AUTHORITY AND THE BENE-
FITED PARTY.
11. THE BONDS OF THE AUTHORITY ARE HEREBY MADE SECURITIES IN WHICH ALL
PUBLIC OFFICERS AND BODIES OF THIS STATE AND ALL MUNICIPALITIES AND
POLITICAL SUBDIVISIONS, ALL INSURANCE COMPANIES AND ASSOCIATIONS AND
OTHER PERSONS CARRYING ON AN INSURANCE BUSINESS, ALL BANKS, BANKERS,
TRUST COMPANIES, SAVINGS BANKS AND SAVINGS ASSOCIATIONS, INCLUDING
SAVINGS AND LOAN ASSOCIATIONS, BUILDING AND LOAN ASSOCIATIONS, INVEST-
MENT COMPANIES AND OTHER PERSONS CARRYING ON A BANKING BUSINESS, ALL
ADMINISTRATORS, GUARDIANS, EXECUTORS, TRUSTEES AND OTHER FIDUCIARIES,
AND ALL OTHER PERSONS WHATSOEVER WHO ARE NOW OR MAY HEREAFTER BE AUTHOR-
IZED TO INVEST IN BONDS OR IN OTHER OBLIGATIONS OF THE STATE, MAY PROP-
S. 2605--B 138 A. 3005--B
ERLY AND LEGALLY INVEST FUNDS, INCLUDING CAPITAL, IN THEIR CONTROL OR
BELONGING TO THEM. THE BONDS ARE ALSO HEREBY MADE SECURITIES WHICH MAY
BE DEPOSITED WITH AND MAY BE RECEIVED BY ALL PUBLIC OFFICERS AND BODIES
OF THE STATE AND ALL MUNICIPALITIES, POLITICAL SUBDIVISIONS AND PUBLIC
CORPORATIONS FOR ANY PURPOSE FOR WHICH THE DEPOSIT OF BONDS OR OTHER
OBLIGATIONS OF THE STATE IS NOW OR MAY HEREAFTER BE AUTHORIZED.
12. (A) AN ACTION AGAINST THE AUTHORITY FOR DEATH, PERSONAL INJURY OR
PROPERTY DAMAGE OR FOUNDED ON TORT SHALL NOT BE COMMENCED MORE THAN ONE
YEAR AND NINETY DAYS AFTER THE CAUSE OF ACTION THEREOF SHALL HAVE
ACCRUED NOR UNLESS A NOTICE OF CLAIM SHALL HAVE BEEN SERVED ON A MEMBER
OF THE AUTHORITY OR OFFICER OR EMPLOYEE THEREOF DESIGNATED BY THE
AUTHORITY FOR SUCH PURPOSE, WITHIN THE TIME LIMITED BY, AND IN COMPLI-
ANCE WITH THE REQUIREMENTS OF SECTION FIFTY-E OF THE GENERAL MUNICIPAL
LAW.
(B) THE VENUE OF EVERY ACTION, SUIT OR SPECIAL PROCEEDING BROUGHT
AGAINST THE AUTHORITY OR CONCERNING THE VALIDITY OF THIS SECTION SHALL
BE LAID IN THE COUNTY OF ALBANY.
(C) THE BONDS, AND ANY OBLIGATION OF THE AUTHORITY UNDER ANY ANCILLARY
BOND FACILITY, MAY CONTAIN A RECITAL THAT THEY ARE ISSUED OR EXECUTED,
RESPECTIVELY, PURSUANT TO THIS SECTION, WHICH RECITAL SHALL BE CONCLU-
SIVE EVIDENCE OF THE VALIDITY OF THE BONDS AND ANY SUCH OBLIGATION,
RESPECTIVELY, AND THE REGULARITY OF THE PROCEEDINGS OF THE AUTHORITY
RELATING THERETO.
13. ANY ACTION OR PROCEEDING TO WHICH THE AUTHORITY OR THE PEOPLE OF
THE STATE MAY BE PARTIES, IN WHICH ANY QUESTION ARISES AS TO THE VALIDI-
TY OF THIS SECTION, SHALL BE PREFERRED OVER ALL OTHER CIVIL CAUSES OF
ACTION OR CASES, EXCEPT ELECTION CAUSES OF ACTION OR CASES, IN ALL
COURTS OF THE STATE AND SHALL BE HEARD AND DETERMINED IN PREFERENCE TO
ALL OTHER CIVIL BUSINESS PENDING THEREIN, EXCEPT ELECTION CAUSES, IRRE-
SPECTIVE OF POSITION ON THE CALENDAR. THE SAME PREFERENCE SHALL BE
GRANTED UPON APPLICATION OF THE AUTHORITY OR ITS COUNSEL IN ANY ACTION
OR PROCEEDING QUESTIONING THE VALIDITY OF THIS SECTION IN WHICH THE
AUTHORITY MAY BE ALLOWED TO INTERVENE.
14. NOTWITHSTANDING ANY LAW TO THE CONTRARY, NO FUNDS OF THE SELF-IN-
SURER OFFSET FUND MAY BE USED FOR ANY PURPOSE OTHER THAN THOSE SET FORTH
IN THIS SECTION AND SECTION FIFTY-A OF THE WORKERS' COMPENSATION LAW.
S 36. Subdivision 1 of section 17 of the public officers law is
amended by adding a new paragraph (x) to read as follows:
(X) FOR THE PURPOSES OF THIS SECTION, THE TERM "EMPLOYEE" SHALL
INCLUDE THE MEMBERS OF THE BOARD, OFFICERS AND EMPLOYEES OF THE DORMI-
TORY AUTHORITY FOR PURPOSES OF SECTION SIXTEEN HUNDRED EIGHTY-Q OF THE
PUBLIC AUTHORITIES LAW.
S 37. This act shall take effect immediately, provided, however that
section ten of this act shall take effect on the ninetieth day after it
shall have become a law, and section fourteen of this act shall take
effect on the thirtieth day after it shall have become a law.
PART P
Section 1. Subdivision 6 of section 163 of the state finance law, as
amended by chapter 173 of the laws of 2010, is amended to read as
follows:
6. Discretionary buying thresholds. Pursuant to guidelines established
by the state procurement council: the commissioner may purchase services
and commodities in an amount not exceeding eighty-five thousand dollars
without a formal competitive process; state agencies may purchase
S. 2605--B 139 A. 3005--B
services and commodities in an amount not exceeding fifty thousand
dollars without a formal competitive process; and state agencies may
purchase commodities or services from small business concerns or those
certified pursuant to article fifteen-A of the executive law, or commod-
ities or technology that are recycled or remanufactured, OR COMMODITIES
THAT ARE FOOD GROWN, PRODUCED OR HARVESTED IN NEW YORK STATE OR FOOD
MANUFACTURED OR PROCESSED INTO FOOD PRODUCTS IN FACILITIES LOCATED WITH-
IN NEW YORK STATE in an amount not exceeding two hundred thousand
dollars without a formal competitive process.
S 2. This act shall take effect immediately; provided, however, that
the amendments to section 163 of the state finance law made by section
one of this act shall not affect the repeal of such section and shall be
deemed repealed therewith.
PART Q
Section 1. Subdivisions 1, 2, 3 and 6 of section 29-h of the executive
law, as added by section 10-a of part B of chapter 56 of the laws of
2010, paragraph c of subdivision 2 as amended by section 8 and paragraph
a of subdivision 6 as amended by section 9 of part G of chapter 55 of
the laws of 2012, are amended to read as follows:
1. Creation. There is hereby created the intrastate mutual aid program
to complement existing mutual aid agreements in the event of a disaster
that results in a formal declaration of an emergency by a participating
local government. All local governments within the state, excepting
those which affirmatively choose not to participate in accordance with
subdivision four of this section, are deemed to be participants in the
program; PROVIDED, HOWEVER, WITH RESPECT TO SCHOOL DISTRICTS AND BOARDS
OF COOPERATIVE EDUCATIONAL SERVICES, SUCH PARTICIPATION SHALL BE LIMITED
TO THE SHARING OF FACILITIES MANAGEMENT AND ADMINISTRATIVE PERSONNEL AND
EQUIPMENT.
2. Definitions. As used in this section, the following terms shall
have the following meanings:
a. "Employee" means any person holding a position by election,
appointment, or employment by a local government;
b. "Local government" means any county, city, town [or], village,
SCHOOL DISTRICT OR BOARD OF COOPERATIVE EDUCATIONAL SERVICES of the
state;
c. "Local emergency management director" means the local government
official responsible for emergency preparedness, response and recovery;
d. "Requesting local government" means the local government that asks
another local government for assistance during a declared emergency, or
for the purposes of conducting training, or undertaking a drill or exer-
cise;
e. "Assisting local government" means one or more local governments
that provide assistance pursuant to a request for assistance from a
requesting local government during a declared emergency, or for the
purposes of conducting training, or undertaking a drill or exercise;
[and]
f. "Disaster" shall have the same meaning as in section twenty of this
article;
G. "SCHOOL DISTRICT" SHALL HAVE THE SAME MEANING AS IN TITLE TWO OF
THE EDUCATION LAW, INCLUDING ANY PUBLIC SCHOOL DISTRICT AND ANY SPECIAL
ACT SCHOOL DISTRICT AS DEFINED IN SECTION FOUR THOUSAND ONE OF THE
EDUCATION LAW; AND
S. 2605--B 140 A. 3005--B
H. "BOARD OF COOPERATIVE EDUCATIONAL SERVICES" SHALL HAVE THE SAME
MEANING AS IN SECTION NINETEEN HUNDRED FIFTY OF THE EDUCATION LAW.
3. Intrastate mutual aid program committee established; meetings;
powers and duties. a. There is hereby created within the disaster
preparedness commission an intrastate mutual aid program committee, for
purposes of this section to be referred to as the committee, which shall
be chaired by the commissioner of the division of homeland security and
emergency services, and shall include the state fire administrator, the
commissioner of health, THE COMMISSIONER OF EDUCATION and the commis-
sioner of agriculture and markets, provided that each such official may
appoint a designee to serve in his or her place on the committee. The
committee shall also include five representatives from local public
safety or emergency response agencies AND ONE REPRESENTATIVE FROM A
SCHOOL DISTRICT OR BOARD OF COOPERATIVE EDUCATIONAL SERVICES. SUCH
REPRESENTATIVES, who shall serve a maximum two-year term, [to be] SHALL
BE appointed by the commissioner of the division of homeland security
and emergency services, with regard to a balance of geographic represen-
tation and discipline expertise.
b. The committee, on the call of the chairperson, shall meet at least
twice each year and at such other times as may be necessary. The agenda
and meeting place of all regular meetings shall be made available to the
public in advance of such meetings and all such meetings shall be open
to the public.
c. The committee shall have the following powers and responsibilities:
(1) to promulgate rules and regulations, acting through the division
of homeland security and emergency services, to implement the intrastate
mutual aid program as described in this section;
(2) to develop policies, procedures and guidelines associated with the
program, including a process for the reimbursement of assisting local
governments by requesting local governments;
(3) to evaluate the use of the intrastate mutual aid program;
(4) to examine issues facing participating local governments regarding
the implementation of the intrastate mutual aid program; and
(5) to prepare reports to the disaster preparedness commission
discussing the effectiveness of mutual aid in the state and making
recommendations for improving the efficacy of the system, if appropri-
ate.
6. Requesting assistance under the intrastate mutual aid program. a.
[A] SUBJECT TO THE RESTRICTIONS ON SCHOOL DISTRICTS AND BOARDS OF COOP-
ERATIVE EDUCATIONAL SERVICES SET FORTH IN SUBDIVISION ONE OF THIS
SECTION, A participating local government may request assistance of
other participating local governments in preventing, mitigating,
responding to and recovering from disasters that result in locally-dec-
lared emergencies, or for the purpose of conducting multi-jurisdictional
or regional training, drills or exercises. Requests for assistance may
be made verbally or in writing; verbal requests shall be memorialized in
writing as soon thereafter as is practicable. Notwithstanding the
provisions of section twenty-five of this article, the local emergency
management director shall have the authority to request and accept
assistance and deploy the local resources of his or her jurisdiction
under the intrastate mutual aid program.
b. Once an emergency is declared at the county level, all requests and
offers for assistance, to the extent practical, shall be made through
the county emergency management office, or in the case of the city of
New York, through the city emergency management office. All requests for
assistance should include:
S. 2605--B 141 A. 3005--B
(1) a description of the disaster;
(2) a description of the assistance needed;
(3) a description of the mission for which assistance is requested;
(4) an estimate of the length of time the assistance will be needed;
(5) the specific place and time for staging of the assistance and a
point of contact at that location; and
(6) any other information that will enable an assisting local govern-
ment to respond appropriately to the request.
c. Assisting local governments shall submit to the requesting local
government an inventory of the resources being deployed.
d. The written request for assistance and all inventories of resources
being deployed shall be submitted to the division of homeland security
and emergency services within three calendar days of the request for or
deployment of such resources.
S 2. This act shall take effect immediately.
PART R
Section 1. Section 73 of the public officers law is amended by adding
a new subdivision 8-c to read as follows:
8-C. NOTWITHSTANDING THE PROVISIONS OF SUBPARAGRAPHS (I) AND (II) OF
PARAGRAPH (A) OF SUBDIVISION EIGHT OF THIS SECTION, A FORMER STATE OFFI-
CER OR EMPLOYEE WHO, PRIOR TO HIS OR HER SEPARATION FROM STATE SERVICE,
WAS EMPLOYED PERFORMING DIRECT CARE, CLINICAL CARE, CASE MANAGEMENT,
SERVICE COORDINATION OR OTHER RELATED SUPPORT DUTIES TO INDIVIDUALS, IS
NOT BARRED FROM RENDERING SUCH SERVICES IN THE FUTURE TO INDIVIDUALS WHO
WERE RECEIVING THOSE SERVICES FROM SUCH EMPLOYEE PRIOR TO LEAVING STATE
SERVICE.
S 2. This act shall take effect immediately.
PART S
Section 1. Subdivision (a) of section 3 of part F of chapter 56 of the
laws of 2011, relating to permitting authorized state entities to
utilize the design-build method for infrastructure projects, is amended
to read as follows:
(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] ANY STATE DEPARTMENT OR
DIVISION, BOARD, COMMISSION, BUREAU, OFFICE, COMMITTEE OR COUNCIL OF ANY
STATE DEPARTMENT, ANY PUBLIC BENEFIT CORPORATION, PUBLIC AUTHORITY OR
COMMISSION, AT LEAST ONE OF WHOSE MEMBERS IS APPOINTED BY THE GOVERNOR,
BUT SHALL NOT INCLUDE THE STATE UNIVERSITY OF NEW YORK OR THE CITY
UNIVERSITY OF NEW YORK.
S 2. Section 3 of part F of chapter 56 of the laws of 2011, relating
to permitting authorized state entities to utilize the design-build
method for infrastructure projects, is amended by adding a new subdivi-
sion (e-1) to read as follows:
(E-1) "DESIGN-BUILD-FINANCE CONTRACT" SHALL MEAN A CONTRACT FOR THE
DESIGN, CONSTRUCTION AND FINANCING, WHICH MAY INCLUDE PRIVATE CAPITAL,
OF A CAPITAL PROJECT WITH A SINGLE ENTITY, WHICH MAY BE A TEAM COMPRISED
OF SEPARATE ENTITIES.
S 3. Section 4 of part F of chapter 56 of the laws of 2011, relating
to permitting authorized state entities to utilize the design-build
method for infrastructure projects, is amended to read as follows:
S. 2605--B 142 A. 3005--B
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 8 OF THE
PUBLIC BUILDINGS LAW and the provisions of any other law to the contra-
ry, and in conformity with the requirements of this act, an authorized
state entity may utilize the alternative delivery [method] METHODS
referred to as design-build contracts AND DESIGN-BUILD-FINANCE CONTRACTS
for capital projects related to the state's physical infrastructure,
including, but not limited to, the state's highways, bridges, BUILDINGS,
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 highways, bridges, BUILDINGS, dams, flood control projects,
canals, and parks or to improve or add to the state's highways, bridges,
BUILDINGS, 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 preservation, or the department
of environmental conservation, the total cost of each such project shall
not be less than one million two hundred thousand dollars ($1,200,000).
S 4. Section 5 of part F of chapter 56 of the laws of 2011, relating
to permitting authorized state entities to utilize the design-build
method for infrastructure projects, is amended to read as follows:
S 5. An entity selected by an authorized state entity to enter into a
design-build contract OR A DESIGN-BUILD-FINANCE 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 OR
DESIGN-BUILD-FINANCE CONTRACT. Such list shall consist of a specified
number of entities, as determined by an authorized state entity, and
shall be generated based upon the authorized state entity's review of
responses to a publicly advertised request for qualifications. The
authorized state 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 generat-
ing the list. Such selection criteria shall include the qualifications
and experience of the design and construction team, organization, demon-
strated responsibility, ability of the team or of a member or members of
the team to comply with applicable requirements, including the
provisions of articles 145, 147 and 148 of the education law, past
record of compliance with the labor law, and such other qualifications
the authorized state entity deems appropriate which may include but are
not limited to project understanding, financial capability and record of
past performance. The authorized state entity shall evaluate and rate
all entities responding to the request for qualifications. Based upon
such ratings, the authorized state 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 applicable federal law,
the authorized state entity shall consider, when awarding any contract
pursuant to this section, the participation of: (i) firms certified
pursuant to article 15-A of the executive law as minority 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.
S. 2605--B 143 A. 3005--B
(b) Step two. Selection of the proposal which is the best value to the
state. The authorized state 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 list-
ed pursuant to subdivision (a) of this section unless otherwise approved
by the authorized state entity. The request for proposals shall set
forth the project's scope of work, and other requirements, as determined
by the authorized state entity. 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 qualifica-
tions and experience of the design-build OR DESIGN-BUILD-FINANCE entity,
and other factors deemed pertinent by the authorized state entity, which
may include, but shall not be limited to, the proposal's project imple-
mentation, ability to complete the work in a timely and satisfactory
manner, maintenance costs of the completed project, maintenance of traf-
fic 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 consideration of these and other speci-
fied criteria deemed pertinent to the project, offers the best value to
the state, as determined by the authorized state entity. Nothing herein
shall be construed to prohibit the authorized entity from negotiating
final contract terms and conditions including cost.
S 5. Section 12 of part F of chapter 56 of the laws of 2011, relating
to permitting authorized state entities to utilize the design-build
method for infrastructure projects, is amended to read as follows:
S 12. The submission of a proposal or responses or the execution of a
design-build contract OR DESIGN-BUILD-FINANCE CONTRACT pursuant to this
act shall not be construed to be a violation of section 6512 of the
education law.
S 6. This act shall take effect immediately; provided, however, that
the amendments to sections 3, 4, 5 and 12 of part F of chapter 56 of the
laws of 2011 made by sections one through five of this act shall not
affect the repeal of such part and shall be deemed to be repealed there-
with.
PART T
Section 1. Paragraph 1 of subdivision 2-a of section 19-a of the
public lands law, as amended by section 1 of part T of chapter 57 of the
laws of 2012, is amended to read as follows:
(1) Notwithstanding any provision of this section to the contrary, in
addition to state aid otherwise payable pursuant to this section, there
shall be payable to any city located in a county in which there has been
constructed a state office building project in accordance with the
provisions of chapter one hundred fifty-two of the laws of nineteen
hundred sixty-four, as amended, and pursuant to an agreement entitled
the "South Mall contract" dated May eleventh, nineteen hundred sixty-
five, state aid in accordance with the following schedule:
State Fiscal Year
Amount
2000-2001 $4,500,000
2001-2002 $4,500,000
2002-2003 $4,500,000
S. 2605--B 144 A. 3005--B
2003-2004 $9,850,000
2004-2005 $16,850,000
2005-2006 $22,850,000
2006-2007 $22,850,000
2007-2008 $22,850,000
2008-2009 $22,850,000
2009-2010 $22,850,000
2010-2011 $22,850,000
2011-2012 $15,000,000
2012-2013 $22,850,000
[2013-2014 $15,000,000] 2013-2014 $22,850,000
2014-2015 $15,000,000
2015-2016 $15,000,000
2016-2017 $15,000,000
2017-2018 $15,000,000
2018-2019 $15,000,000
2019-2020 $15,000,000
2020-2021 $15,000,000
2021-2022 $15,000,000
2022-2023 $15,000,000
2023-2024 $15,000,000
2024-2025 $15,000,000
2025-2026 $15,000,000
2026-2027 $15,000,000
2027-2028 $15,000,000
2028-2029 $15,000,000
2029-2030 $15,000,000
2030-2031 $15,000,000
[2031-2032 $15,000,000] 2031-2032 $7,150,000
2032-2033 $7,150,000
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, 2013.
PART U
Section 1. There is hereby created a pilot program to make grants,
within amounts appropriated therefor, to counties other than the five
counties within the city of New York, to be used for the improvement of
services to persons accused of a crime who are both presumed indigent
and unrepresented at their first arraignment before a court.
S 2. Proposals by counties for grants under this pilot program should
consider new approaches to providing representation to indigent defend-
ants at arraignment, including the opening of courts during non-tradi-
tional hours, regional solutions, centralization or consolidation of
arraignment venues, the use of video conferencing for arraignments, and
the appointment of attorneys specifically to provide coverage during
non-traditional court hours. Proposed solutions should not exacerbate or
create excessive and unnecessary detention for defendants awaiting
arraignment. Proposals must demonstrate partnership between judges,
district attorneys and the defense community, as represented by a public
defender, counsel furnished by a private legal aid bureau or society or
counsel furnished pursuant to a plan of a bar association, as appropri-
ate.
S 3. In order to promote innovative solutions by a county or group of
counties, proposals may include approaches that are inconsistent with
existing statute or regulation with respect to geographical jurisdic-
S. 2605--B 145 A. 3005--B
tion, venue, and/or use of video conferencing for arraignments.
Approval of such proposals as part of a grant award under this program
shall deem such approaches to be lawful and legal in the pilot county
for the duration of the grant period, notwithstanding any state law or
regulation with respect to geographical jurisdiction, venue, and/or use
of video conferencing, and only after notification of such approaches is
made public by the office of court administration, in a manner it deems
appropriate. Such notwithstanding of current law and regulation shall be
limited to the process of arraignment, and shall not be deemed to
continue for subsequent court proceedings.
S 4. Each county awarded such a grant shall report, as a condition of
its contract, on the improvements made and results achieved during the
term of the grant, as measured by the increased presence of counsel at
arraignments and impacts on the length of detention prior to arraign-
ment.
S 5. The program shall be administered by the office of court adminis-
tration according to the direction of a committee comprised of a repre-
sentative of the governor, a representative of the judiciary and a
representative of the office of indigent legal services, which shall
review and select the proposals to receive grants, and the amount to be
awarded, under this pilot program. In administering the program, pref-
erence shall be given to first addressing the needs of Washington, Onon-
daga, Ontario, Schuyler and Suffolk counties. In addition, the process
by which grants are awarded shall reflect the guidance to counties
contained in section two of this act, the flexibility provided in
section three of this act, and the reporting requirements of section
four of this act. Before March 31, 2016, the committee shall make a
report to the governor, the temporary president of the senate, the
speaker of the assembly and the executive director of the office of
indigent legal services on the success of this pilot program.
S 6. This act shall take effect April 1, 2013, and shall expire on
April 1, 2016 when upon such date the provisions of this act shall be
deemed repealed.
PART V
Section 1. The executive law is amended by adding a new section 29-i
to read as follows:
S 29-I. IMMUNITY FROM LIABILITY FOR EMERGENCY ALERTS. ANY COMMERCIAL
MOBILE SERVICE PROVIDER, INCLUDING ITS OFFICERS, DIRECTORS, EMPLOYEES,
VENDORS AND AGENTS, ACTING ON BEHALF OF THE STATE, THAT TRANSMITS EMER-
GENCY ALERTS SHALL NOT BE LIABLE FOR ANY ACT OR OMISSION RELATED TO OR
ANY HARM RESULTING FROM THE TRANSMISSION OF, OR FAILURE TO TRANSMIT, AN
EMERGENCY ALERT.
S 2. This act shall take effect immediately.
S 2. Severability clause. If any clause, sentence, paragraph, subdivi-
sion, section or part of this act shall be adjudged by any court of
competent jurisdiction to be invalid, such judgment shall not affect,
impair, or invalidate the remainder thereof, but shall be confined in
its operation to the clause, sentence, paragraph, subdivision, section
or part thereof directly involved in the controversy in which such judg-
ment shall have been rendered. It is hereby declared to be the intent of
the legislature that this act would have been enacted even if such
invalid provisions had not been included herein.
S. 2605--B 146 A. 3005--B
S 3. This act shall take effect immediately provided, however, that
the applicable effective date of Parts A through V of this act shall be
as specifically set forth in the last section of such Parts.