Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
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Mar 31, 2014 |
signed chap.57 delivered to governor returned to senate passed assembly ordered to third reading rules cal.32 substituted for a8557d |
Mar 31, 2014 |
substituted by s6357d motion to amend lost motion to amend lost motion to amend lost motion to amend lost ordered to third reading rules cal.32 rules report cal.32 reported reported referred to rules |
Mar 28, 2014 |
print number 8557d |
Mar 28, 2014 |
amend (t) and recommit to ways and means |
Mar 11, 2014 |
print number 8557c |
Mar 11, 2014 |
amend (t) and recommit to ways and means |
Feb 21, 2014 |
print number 8557b |
Feb 21, 2014 |
amend (t) and recommit to ways and means |
Feb 12, 2014 |
print number 8557a |
Feb 12, 2014 |
amend (t) and recommit to ways and means |
Jan 21, 2014 |
referred to ways and means |
Assembly Bill A8557D
Signed By Governor2013-2014 Legislative Session
Enacts into law major components of legislation necessary to implement the transportation, economic development and environmental conservation budget for the 2014-2015 state fiscal year
download bill text pdfSponsored By
There are no sponsors of this bill.
Archive: Last Bill Status Via S6357 - Signed by Governor
- Introduced
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- In Committee Assembly
- In Committee Senate
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- On Floor Calendar Assembly
- On Floor Calendar Senate
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- Passed Assembly
- Passed Senate
- Delivered to Governor
- Signed By Governor
Actions
Votes
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Floor Vote: Mar 31, 2014
aye (61)- Addabbo Jr.
- Avella
- Ball
- Bonacic
- Boyle
- Breslin
- Carlucci
- DeFrancisco
- Diaz
- Dilan
- Espaillat
- Farley
- Felder
- Flanagan
- Gallivan
- Gianaris
- Gipson
- Golden
- Griffo
- Grisanti
- Hannon
- Hassell-Thompson
- Hoylman-Sigal
- Kennedy
- Klein
- Krueger
- LaValle
- Lanza
- Larkin
- Latimer
- Libous
- Little
- Marcellino
- Marchione
- Martins
- Maziarz
- Montgomery
- Nozzolio
- O'Brien
- O'Mara
- Parker
- Peralta
- Perkins
- Ranzenhofer
- Ritchie
- Rivera
- Robach
- Sampson
- Sanders Jr.
- Savino
- Serrano
- Seward
- Skelos
- Smith
- Squadron
- Stavisky
- Stewart-Cousins
- Tkaczyk
- Valesky
- Young
- Zeldin
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Mar 31, 2014 - Finance Committee Vote
S635728Aye0Nay9Aye with Reservations0Absent0Excused0Abstained -
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Bill Amendments
2013-A8557 - Details
- See Senate Version of this Bill:
- S6357
- Law Section:
- Budget Bills
- Laws Affected:
- Amd Various Laws, generally
2013-A8557 - Summary
Enacts into law major components of legislation necessary to implement the transportation, economic development and environmental conservation budget for the 2014-2015 state fiscal year; amends the highway law and chapter 329 of the laws of 1991, amending the state finance law and other laws relating to the establishment of the dedicated highway and bridge trust fund, in relation to the consolidated local street and highway improvement program (CHIPS), suburban highway improvement program (SHIPS), multi-modal and Marchiselli programs; repeals certain provisions of chapter 329 of the laws of 1991 relating thereto (Part A); amends part U1 of chapter 62 of the laws of 2003 amending the vehicle and traffic law and other laws relating to increasing certain motor vehicle transaction fees, in relation to the effectiveness thereof
2013-A8557 - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ S. 6357 A. 8557 S E N A T E - A S S E M B L Y January 21, 2014 ___________ IN SENATE -- A BUDGET BILL, submitted by the Governor pursuant to arti- cle seven of the Constitution -- read twice and ordered printed, and when printed to be committed to the Committee on Finance IN ASSEMBLY -- A BUDGET BILL, submitted by the Governor pursuant to article seven of the Constitution -- read once and referred to the Committee on Ways and Means AN ACT to amend the highway law and to amend chapter 329 of the laws of 1991, amending the state finance law and other laws relating to the establishment of the dedicated highway and bridge trust fund, in relation to the consolidated local street and highway improvement program (CHIPS), suburban highway improvement program (SHIPS), multi- modal and Marchiselli programs; and to repeal certain provisions of chapter 329 of the laws of 1991 relating thereto (Part A); to amend part F of chapter 56 of the laws of 2011 permitting authorized state entities to utilize the design-build method for infrastructure projects, in relation to allowing authorized local entities to utilize the design-build method for infrastructure projects, and in relation to the effectiveness thereof (Part B); to amend part U1 of chapter 62 of the laws of 2003 amending the vehicle and traffic law and other laws relating to increasing certain motor vehicle transaction fees, in relation to the effectiveness thereof; to amend chapter 84 of the laws of 2002, amending the state finance law relating to the costs of the department of motor vehicles, in relation to permanently authorizing payment of department of motor vehicle costs from the dedicated high- way and bridge trust fund; to amend the transportation law, in relation to disposition of revenues; to amend the highway law, in relation to disposition of fees charged in connection with outdoor advertising on highways; and to amend the state finance law, in relation to the dedication of revenues and the costs of rail and truck regulation (Part C); to amend chapter 58 of the laws of 2013, relating to the hours of operation of the department of motor vehicles and providing for the repeal of such provisions upon expiration thereof, in relation to the effectiveness thereof (Part D); to amend the vehi- cle and traffic law and the state finance law, in relation to the authorization of the department of motor vehicles to provide the acci- dent prevention course internet program; to amend chapter 751 of the EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted. LBD12673-01-4 S. 6357 2 A. 8557 laws of 2005, amending the insurance law and the vehicle and traffic law, relating to establishing the accident prevention course internet technology pilot program, in relation to the effectiveness thereof; and to repeal certain provisions of the vehicle and traffic law relat- ing thereto (Part E); to amend the vehicle and traffic law, in relation to complying with federal requirements relating to medical certifications of commercial driver's license holders (Part F); to amend the public authorities law, in relation to toll collection regu- lations; to amend the public officers law, in relation to electronic toll collection data; to amend the vehicle and traffic law, in relation to liability of vehicle owners for toll collection violations; to amend the penal law, in relation to theft of services; and to amend chapter 774 of the laws of 1950, relating to agreeing with the state of New Jersey with respect to rules and regulations governing traffic on vehicular crossings operated by the port of New York authority, in relation to tolls and other charges (Part G); to amend chapter 67 of the laws of 1992, amending the environmental conservation law relating to pesticide product registration timetables and fees, in relation to the effective date thereof; and to amend the environmental conservation law, in relation to pesticide registration fees and reporting (Part H); to amend the environmental conservation law, the penal law, the vehicle and traffic law and the general obli- gations law, in relation to authorizing crossbow hunting, landowner liability, printing contracts for hunting and fishing guides, issuance of distinctive "I love New York" plates, fees and general powers and duties of the department of environmental conservation; and to repeal subdivisions 11 and 16 of section 11-0901 of the environmental conser- vation law relating thereto (Part I); to amend the agriculture and markets law, in relation to granting, suspending or revoking licenses for food processing establishments (Part J); to authorize the New York state energy research and development authority to finance a portion of its research, development and demonstration and policy and planning programs from assessments on gas and electric corporations (Part K); to authorize and direct the New York state energy research and devel- opment authority to make a payment to the general fund of up to $913,000 (Part L); to amend the agriculture and markets law and the public authorities law, in relation to requiring power transfer switches on gas stations located within one half mile from a strategic upstate highway (Part M); to amend chapter 21 of the laws of 2003, amending the executive law relating to permitting the secretary of state to provide special handling for all documents filed or issued by the division of corporations and to permit additional levels of such expedited service, in relation to extending the expiration date there- of (Part N); to amend the business corporation law and the not-for- profit corporation law, in relation to the transmission of incorpo- ration certificates to county clerks (Part O); to amend the executive law, in relation to the national registry fee (Part P); to authorize the department of health to finance certain activities with revenues generated from an assessment on cable television companies (Part Q); to amend the public service law, in relation to authorizing the department of public service to increase program efficiencies; and to repeal certain provisions of the public service law relating thereto (Part R); to amend the public service law, in relation to the tempo- rary state energy and utility service conservation assessment (Part S); to amend the insurance law, in relation to unauthorized providers of health services and the examination of providers of health services S. 6357 3 A. 8557 (Part T); to amend the insurance law, the public health law and the financial services law, in relation to establishing protections to prevent surprise medical bills including network adequacy require- ments, claim submission requirements, access to out-of-network care and prohibition of excessive emergency charges (Part U); to amend the insurance law, in relation to licensing title insurance agents, clos- ers and solicitors; grants the superintendent of financial services the authority to require title insurance agents, closers, and solici- tor applicants to submit to fingerprinting; and to repeal certain provisions of such law relating thereto (Part V); to amend chapter 58 of the laws of 2012 amending the public authorities law relating to authorizing the dormitory authority to enter into certain design and construction management agreements, in relation to extending certain authority of the dormitory authority of the state of New York (Part W); to amend chapter 584 of the laws of 2011, amending the public authorities law relating to the powers and duties of the dormitory authority of the state of New York relative to the establishment of subsidiaries for certain purposes, in relation to the effectiveness thereof (Part X); to amend the public health law, in relation to fees in connection with certain health care facility financings; and to repeal section 2976-a of the public authorities law relating thereto (Part Y); to amend the New York state urban development corporation act, in relation to extending certain provisions relating to the empire state economic development fund (Part Z); and to amend chapter 393 of the laws of 1994, amending the New York state urban development corporation act, relating to the powers of the New York state urban development corporation to make loans, in relation to the effective- ness thereof (Part AA) THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. This act enacts into law major components of legislation which are necessary to implement the state fiscal plan for the 2014-2015 state fiscal year. Each component is wholly contained within a Part identified as Parts A through AA. The effective date for each particular provision contained within such Part is set forth in the last section of such Part. Any provision in any section contained within a Part, includ- ing the effective date of the Part, which makes a reference to a section "of this act", when used in connection with that particular component, shall be deemed to mean and refer to the corresponding section of the Part in which it is found. Section three of this act sets forth the general effective date of this act. PART A Section 1. Subdivision (d) of section 11 of chapter 329 of the laws of 1991 amending the state finance law and other laws relating to the establishment of the dedicated highway and bridge trust fund, as amended by section 4 of part A of chapter 58 of the laws of 2012, is amended to read as follows: (d) Any such service contract (i) shall provide that the obligation of the director of the budget or the state to fund or to pay the amounts therein provided for shall not constitute a debt of the state within the meaning of any constitutional or statutory provisions in the event the S. 6357 4 A. 8557 thruway authority assigns or pledges service contract payments as secu- rity for its bonds or notes, (ii) shall be deemed executory only to the extent moneys are available and SHALL PROVIDE that no liability shall be incurred by the state beyond the moneys available for the purpose, and that such obligation is subject to annual appropriation by the legisla- ture, and (iii) shall provide that no funds shall be made available from the proceeds of bonds or notes issued pursuant to this chapter unless the commissioner of transportation has certified to the [chairman of the thruway authority] DIRECTOR OF THE BUDGET that such funds shall be used exclusively for the purposes authorized by subdivision (a) of this section, and/or construction, reconstruction or improvement of local highways, bridges and/or highway-railroad crossings, including right of way acquisition, preliminary engineering, and construction supervision and inspection, where the service life of the project is at least ten years or where the project is: (1) microsurfacing, (2) paver placed surface treatment, (3) single course surface treatment involving chip seals and oil and stone and (4) double course surface treatment involv- ing chip seals and oil and stone, and unless [the director of the budget has certified to the chairman of the thruway authority that] a spending plan has been submitted by the commissioner of transportation and has been approved by the director of the budget. S 2. Subdivision (g) of section 15 of chapter 329 of the laws of 1991 is REPEALED, and subdivision (f) of section 15 of chapter 329 of the laws of 1991, amending the state finance law and other laws relating to the establishment of the dedicated highway and bridge trust fund, as added by section 9 of chapter 330 of the laws of 1991, is amended to read as follows: (f) The commissioner of transportation shall certify to the [New York state thruway authority] DIRECTOR OF THE BUDGET AND THE COMPTROLLER amounts eligible for repayments as specified herein. Such certification shall include any such information as may be necessary to maintain the federal tax exempt status of bonds, notes or other obligations issued by the New York state thruway authority pursuant to section 380 of the public authorities law. S 3. Subdivision 1 of section 80-b of the highway law, as amended by chapter 161 of the laws of 2008, is amended to read as follows: 1. In connection with the undertaking of any project for which the commissioner is authorized to use moneys of the federal government pursuant to the provisions of subdivision thirty-four-a of section ten and section eighty of this chapter to assure the effective discharge of state responsibilities with respect to regional transportation needs, on highways, roads, streets, bicycle paths or pedestrian paths that are not on the state highway system, the commissioner shall submit such project to the governing body or bodies of the affected municipality or munici- palities together with estimates of costs thereof. If such project includes a municipal project, as that term is defined in accordance with article thirteen of the transportation law, the state share of such municipal project shall also be included. If such project includes a project affecting a highway, road, street, bicycle path or pedestrian path not on the state highway system, the state share shall be equal to eighty percent of the difference between the total project cost and the federal assistance, provided, however, the commissioner may increase the state share to an amount equal to one hundred percent of the difference between the total project cost and the federal assistance where he determines that the need for the project results substantially from actions undertaken pursuant to section ten of this chapter. [Except for S. 6357 5 A. 8557 individual projects where the non-federal share of a federally aided municipal project is less than five thousand dollars, no state or local shares of municipal streets and highways projects shall be payable from the non-fiduciary funds of the capital projects budget of the depart- ment.] No such project shall proceed without the approval of the govern- ing body of a municipality. Such governing body may request the commis- sioner to undertake the provision of such project. If the commissioner agrees to such undertaking he shall notify the local governing body which shall appropriate sufficient moneys to pay the estimated amount of the municipal share. Such moneys shall be deposited with the state comp- troller who is authorized to receive and accept the same for the purposes of such project, subject to the draft or requisition of the commissioner. When the work of such project has been completed, the commissioner shall render to the governing body of such municipality an itemized statement showing in full (a) the amount of money that has been deposited by such municipality with the state comptroller as hereinbe- fore provided, and (b) all disbursements made pursuant to this section for such project. Any surplus moneys shall be paid to such municipality on the warrant of the comptroller on vouchers therefor approved by the commissioner. When the work of such project has been completed and it is determined by the commissioner that the amount of the cost to be borne by the municipality is in excess of the amount deposited by such munici- pality with the state comptroller, the commissioner shall then notify the municipality of the deficiency of funds. The municipality shall then within ninety days of the receipt of such notice, pay such amount to the state comptroller. For purposes of this section, the term "municipality" shall include a city, county, town, village or two or more of the fore- going acting jointly. S 4. Subdivision (e) of section 16 of chapter 329 of the laws of 1991, amending the state finance law and other laws relating to the establish- ment of a dedicated highway and bridge trust fund, is REPEALED. S 5. Subdivision (e) of section 16-a of chapter 329 of the laws of 1991, amending the state finance law and other laws relating to the establishment of a dedicated highway and bridge trust fund, is REPEALED. S 6. Paragraph (a) of subdivision 5 of section 10-f of the highway law, as added by chapter 725 of the laws of 1993, is amended to read as follows: (a) Funding of municipal projects will be made upon the application for funding of prior expenditures in a format prescribed by the commis- sioner. [Funding of qualifying municipal project expenditures shall be made from the proceeds of bonds, notes or other obligations issued pursuant to section three hundred eighty of the public authorities law.] Such funding of state projects may be pursuant to agreements between the commissioner and the New York state thruway authority and may be from the proceeds of bonds, notes or other obligations issued pursuant to section three hundred eighty-five of the public authorities law. S 7. Paragraph (a) of subdivision 5 of section 10-g of the highway law, as added by chapter 725 of the laws of 1993, is amended to read as follows: (a) Funding of municipal projects will be made upon the application for funding of prior expenditures in a format prescribed by the commis- sioner. [Funding of qualifying municipal project expenditures shall be made from the proceeds of bonds, notes or other obligations issued pursuant to section three hundred eighty of the public authorities law.] Such funding of state projects may be pursuant to agreements between the commissioner and the New York state thruway authority and may be from S. 6357 6 A. 8557 the proceeds of bonds, notes or other obligations issued pursuant to section three hundred eighty-five of the public authorities law. S 8. This act shall take effect immediately. PART B Section 1. Sections 3, 4, 5, 7, 8, 10, 11, 13, 14, 15, 16 and 17 of part F of chapter 56 of the laws of 2011 permitting authorized state entities to utilize the design-build method for infrastructure projects are amended to read as follows: S 3. For the purposes of this act: (a) "authorized state entity" shall mean the New York state thruway authority, the department of transportation, the office of parks, recre- ation and historic preservation, the department of environmental conser- vation and the New York state bridge authority. (b) "best value" shall mean the basis for awarding contracts for services to the offerer that optimize quality, cost and efficiency, price and performance criteria, which may include, but is not limited to: 1. The quality of the contractor's performance on previous projects; 2. The timeliness of the contractor's performance on previous projects; 3. The level of customer satisfaction with the contractor's perform- ance on previous projects; 4. The contractor's record of performing previous projects on budget and ability to minimize cost overruns; 5. The contractor's ability to limit change orders; 6. The contractor's ability to prepare appropriate project plans; 7. The contractor's technical capacities; 8. The individual qualifications of the contractor's key personnel; 9. The contractor's ability to assess and manage risk and minimize risk impact; and 10. The contractor's past record of compliance with article 15-A of the executive law. Such basis shall reflect, wherever possible, objective and quantifi- able analysis. (c) "capital project" shall have the same meaning as such term is defined by subdivision 2-a of section 2 of the state finance law. (d) "cost plus" shall mean compensating a contractor for the cost to complete a contract by reimbursing actual costs for labor, equipment and materials plus an additional amount for overhead and profit. (e) "design-build contract" shall mean a contract for the design and construction of a capital project with a single entity, which may be a team comprised of separate entities. (f) "procurement record" means documentation of the decisions made and the approach taken in the procurement process. (G) "AUTHORIZED LOCAL ENTITY" SHALL MEAN ANY CITY, TOWN OR VILLAGE WITH A POPULATION OF MORE THAN FIFTY THOUSAND, OR ANY COUNTY. S 4. Notwithstanding the provisions of section 38 of the highway law, section 136-a of the state finance law, section 359 of the public authorities law, section 7210 of the education law, SECTION 103 OF THE GENERAL MUNICIPAL LAW, and the provisions of any other law to the contrary, and in conformity with the requirements of this act, an authorized state OR LOCAL entity may utilize the alternative delivery method referred to as design-build contracts for capital projects related to the state's OR LOCAL ENTITY'S physical infrastructure, S. 6357 7 A. 8557 including, but not limited to, the state's OR LOCAL ENTITY'S highways, bridges, dams, flood control projects, canals, and parks, including, but not limited to, to repair damage caused by natural disaster, to correct health and safety defects, to comply with federal and state laws, stand- ards, and regulations, to extend the useful life of or replace the state's OR LOCAL ENTITY'S highways, bridges, dams, flood control projects, canals, and parks or to improve or add to the state's OR LOCAL ENTITY'S highways, bridges, dams, flood control projects, canals, and parks; provided that for the contracts executed by the department of transportation, the office of parks, recreation and historic preserva- tion, or the department of environmental conservation, OR BY ANY LOCAL ENTITY, the total cost of each such project shall not be less than one million two hundred thousand dollars ($1,200,000); AND FURTHER PROVIDED THAT AUTHORIZED LOCAL ENTITIES MAY UTILIZE THE ALTERNATIVE DELIVERY METHOD REFERRED TO AS DESIGN-BUILD CONTRACTS ONLY FOR CAPITAL PROJECTS THAT ARE NOT SUBJECT TO SECTION 101 OF THE GENERAL MUNICIPAL LAW. S 5. An entity selected by an authorized state OR LOCAL entity to enter into a design-build contract shall be selected through a two-step method, as follows: (a) Step one. Generation of a list of entities that have demonstrated the general capability to perform the design-build contract. Such list shall consist of a specified number of entities, as determined by an authorized state OR LOCAL entity, and shall be generated based upon the authorized state OR LOCAL entity's review of responses to a publicly advertised request for qualifications. The authorized state OR LOCAL entity's request for qualifications shall include a general description of the project, the maximum number of entities to be included on the list, and the selection criteria to be used in generating the list. Such selection criteria shall include the qualifications and experience of the design and construction team, organization, demonstrated responsi- bility, ability of the team or of a member or members of the team to comply with applicable requirements, including the provisions of arti- cles 145, 147 and 148 of the education law, past record of compliance with the labor law, and such other qualifications the authorized state OR LOCAL entity deems appropriate which may include but are not limited to project understanding, financial capability and record of past performance. The authorized state OR LOCAL entity shall evaluate and rate all entities responding to the request for qualifications. Based upon such ratings, the authorized state OR LOCAL entity shall list the entities that shall receive a request for proposals in accordance with subdivision (b) of this section. To the extent consistent with applica- ble federal law, the authorized state entity shall consider, when award- ing any contract pursuant to this section, the participation of: (i) firms certified pursuant to article 15-A of the executive law as minori- ty or women-owned businesses and the ability of other businesses under consideration to work with minority and women-owned businesses so as to promote and assist participation by such businesses; and (ii) small business concerns identified pursuant to subdivision (b) of section 139-g of the state finance law. (b) Step two. Selection of the proposal which is the best value to the state OR LOCAL ENTITY. The authorized state OR LOCAL entity shall issue a request for proposals to the entities listed pursuant to subdivision (a) of this section. If such an entity consists of a team of separate entities, the entities that comprise such a team must remain unchanged from the entity as listed pursuant to subdivision (a) of this section unless otherwise approved by the authorized state OR LOCAL entity. The S. 6357 8 A. 8557 request for proposals shall set forth the project's scope of work, and other requirements, as determined by the authorized state OR LOCAL enti- ty. The request for proposals shall specify the criteria to be used to evaluate the responses and the relative weight of each such criteria. Such criteria shall include the proposal's cost, the quality of the proposal's solution, the qualifications and experience of the design- build entity, and other factors deemed pertinent by the authorized state OR LOCAL entity, which may include, but shall not be limited to, the proposal's project implementation, ability to complete the work in a timely and satisfactory manner, maintenance costs of the completed project, maintenance of traffic approach, and community impact. Any contract awarded pursuant to this act shall be awarded to a responsive and responsible entity that submits the proposal, which, in consider- ation of these and other specified criteria deemed pertinent to the project, offers the best value to the state OR LOCAL ENTITY, as deter- mined by the authorized state OR LOCAL entity. Nothing herein shall be construed to prohibit the authorized entity from negotiating final contract terms and conditions including cost. S 7. Construction for each capital project undertaken by the author- ized state OR LOCAL entity pursuant to this act shall be deemed a "public work" to be performed in accordance with the provisions of arti- cle 8 of the labor law, as well as subject to sections 200, 240, 241 and 242 of the labor law and enforcement of prevailing wage requirements by the New York state department of labor. S 8. If otherwise applicable, capital projects undertaken by the authorized state OR LOCAL entity pursuant to this act shall be subject to section 135 of the state finance law and section 222 of the labor law. S 10. Capital projects undertaken by the authorized state OR LOCAL entity pursuant to this act shall be subject to the requirements of article eight of the environmental conservation law, and, where applica- ble, the requirements of the national environmental policy act. S 11. If otherwise applicable, capital projects undertaken by the authorized state entity pursuant to this act shall be governed by sections 139-d, 139-j, 139-k, paragraph f of subdivision 1 and paragraph g of subdivision 9 of section 163 of the state finance law, AND CAPITAL PROJECTS UNDERTAKEN BY THE AUTHORIZED LOCAL ENTITY PURSUANT TO THIS ACT SHALL BE GOVERNED BY SECTION 103-D OF THE GENERAL MUNICIPAL LAW. S 13. Nothing contained in this act shall limit the right or obli- gation of the authorized state OR LOCAL entity to comply with the provisions of any existing contract, including any existing contract with or for the benefit of the holders of the obligations of the author- ized state OR LOCAL entity, or to award contracts as otherwise provided by law. S 14. Alternative construction awarding processes. (i) Notwithstand- ing the provisions of any other law to the contrary, the authorized state OR LOCAL entity may award a construction contract: 1. To the contractor offering the best value; or 2. Utilizing a cost-plus not to exceed guaranteed maximum price form of contract in which the authorized state OR LOCAL entity shall be enti- tled to monitor and audit all project costs. In establishing the sched- ule and process for determining a guaranteed maximum price, the contract between the authorized state OR LOCAL entity and the contractor shall: (a) describe the scope of the work and the cost of performing such work; (b) include a detailed line item cost breakdown; S. 6357 9 A. 8557 (c) include a list of all drawings, specifications and other informa- tion on which the guaranteed maximum price is based; (d) include the dates for substantial and final completion on which the guaranteed maximum price is based; and (e) include a schedule of unit prices; or 3. Utilizing a lump sum contract in which the contractor agrees to accept a set dollar amount for a contract which comprises a single bid without providing a cost breakdown for all costs such as for equipment, labor, materials, as well as such contractor's profit for completing all items of work comprising the project. (ii) Capital projects undertaken by an authorized state OR LOCAL enti- ty may include an incentive clause in the contract for various perform- ance objectives, but the incentive clause shall not include an incentive that exceeds the quantifiable value of the benefit received by the state OR LOCAL ENTITY. The authorized state OR LOCAL entity shall establish such performance and payment bonds as it deems necessary. S 15. Prequalified contractors. (a) Notwithstanding any other provision of law, the authorized state OR LOCAL entity may maintain a list of prequalified contractors who are eligible to submit a proposal pursuant to this act and entry into such list shall be continuously available. Prospective contractors may be prequalified as contractors to provide particular types of construction, in accordance with general criteria established by the authorized state OR LOCAL entity which may include, but shall not be limited to, the experience, past performance, ability to undertake the type and complexity of work, financial capabil- ity, responsibility, compliance with equal employment opportunity requirements and anti-discrimination laws, and reliability. Such prequalification may be by categories designed by size and other factors. (b) A contractor who is denied prequalification or whose prequalifica- tion is revoked or suspended by the authorized state OR LOCAL entity may appeal such decision to the authorized state entity. If such a suspen- sion extends for more than three months, it shall be deemed a revocation of the prequalification. The authorized state OR LOCAL entity may proceed with the contract award during any appeal. S 16. Nothing in this act shall affect existing powers of New York state public entities OR LOCAL ENTITIES to use alternative project delivery methods. S 17. This act shall take effect immediately [and shall expire and be deemed repealed 3 years after such date, provided that, projects with requests for qualifications issued prior to such repeal shall be permit- ted to continue under this act notwithstanding such repeal]. S 2. This act shall take effect immediately. PART C Section 1. Section 13 of part U1 of chapter 62 of the laws of 2003 amending the vehicle and traffic law and other laws relating to increas- ing certain motor vehicle transaction fees, as amended by section 2 of part B of chapter 58 of the laws of 2013, is amended to read as follows: S 13. This act shall take effect immediately; provided however that sections one through seven of this act, the amendments to subdivision 2 of section 205 of the tax law made by section eight of this act, and section nine of this act shall expire and be deemed repealed on [March 31] APRIL 1, 2015; provided further, however, that the amendments to subdivision 3 of section 205 of the tax law made by section eight of S. 6357 10 A. 8557 this act shall expire and be deemed repealed on March 31, 2018; provided further, however, that the provisions of section eleven of this act shall take effect April 1, 2004 and shall expire and be deemed repealed on [March 31] APRIL 1, 2015. S 2. Section 2 of part B of chapter 84 of the laws of 2002, amending the state finance law relating to the costs of the department of motor vehicles, as amended by section 1 of part E of chapter 59 of the laws of 2009, is amended to read as follows: S 2. This act shall take effect April 1, 2002; provided, however, if this act shall become a law after such date it shall take effect imme- diately and shall be deemed to have been in full force and effect on and after April 1, 2002; provided further, however, that this act shall expire and be deemed repealed on [March 31] APRIL 1, 2015. S 3. Subdivision 4 of section 94 of the transportation law, as amended by section 1 of part D of chapter 101 of the laws of 2001, is amended to read as follows: 4. All fees charged and collected by the commissioner hereunder shall be deposited [to the miscellaneous special revenue fund - transportation regulation account for the purposes established in this section] BY THE COMPTROLLER INTO THE SPECIAL OBLIGATION RESERVE AND PAYMENT ACCOUNT OF THE DEDICATED HIGHWAY AND BRIDGE TRUST FUND ESTABLISHED PURSUANT TO SECTION EIGHTY-NINE-B OF THE STATE FINANCE LAW. S 4. Subdivision 4 of section 135 of the transportation law, as added by chapter 166 of the laws of 1991, is amended to read as follows: 4. All revenues collected pursuant to this section shall be deposited [to the miscellaneous special revenue fund--rail safety inspection account] BY THE COMPTROLLER INTO THE SPECIAL OBLIGATION RESERVE AND PAYMENT ACCOUNT OF THE DEDICATED HIGHWAY AND BRIDGE TRUST FUND ESTAB- LISHED PURSUANT TO SECTION EIGHTY-NINE-B OF THE STATE FINANCE LAW for the purposes established in this section. Fees will be based on reven- ues from the preceding calendar year and shall be assessed on or before July first and are payable by September first of each year. On or before January first of each year following assessment of fees pursuant to this section, the commissioner shall report to the railroad companies annual costs associated with this assessment. S 5. Subdivision 5 of section 144 of the transportation law, as added by chapter 635 of the laws of 1983, is amended to read as follows: 5. For furnishing a certification of any paper, record or official document, one dollar. No fees shall be charged or collected for copies of papers, records or official documents, furnished to public officers for use in their official capacity, or for the annual reports of the commissioner in the ordinary course of distribution, but the commission- er may fix reasonable charges for copies of papers, records, official documents and other publications furnished or issued to others under this authority. All fees charged and collected by the commissioner [shall belong to the people of the state and shall be paid monthly, accompanied by a detailed statement thereof, into the treasury of the state to the credit of the general fund] PURSUANT TO THIS SECTION SHALL BE DEPOSITED BY THE COMPTROLLER INTO THE SPECIAL OBLIGATION RESERVE AND PAYMENT ACCOUNT OF THE DEDICATED HIGHWAY AND BRIDGE TRUST FUND ESTAB- LISHED PURSUANT TO SECTION EIGHTY-NINE-B OF THE STATE FINANCE LAW. S 6. Section 145 of the transportation law is amended by adding a new subdivision 8 to read as follows: 8. ALL PENALTIES CHARGED AND COLLECTED BY THE COMMISSIONER PURSUANT TO THIS SECTION SHALL BE DEPOSITED BY THE COMPTROLLER INTO THE SPECIAL OBLIGATION RESERVE AND PAYMENT ACCOUNT OF THE DEDICATED HIGHWAY AND S. 6357 11 A. 8557 BRIDGE TRUST FUND ESTABLISHED PURSUANT TO SECTION EIGHT-NINE-B OF THE STATE FINANCE LAW. S 7. Section 88 of the highway law is amended by adding a new subdivi- sion 13 to read as follows: 13. ALL FEES COLLECTED BY THE COMMISSIONER PURSUANT TO THIS SECTION SHALL BE DEPOSITED BY THE COMPTROLLER INTO THE SPECIAL OBLIGATION RESERVE AND PAYMENT ACCOUNT OF THE DEDICATED HIGHWAY AND BRIDGE TRUST FUND ESTABLISHED PURSUANT TO SECTION EIGHTY-NINE-B OF THE STATE FINANCE LAW. S 8. Paragraph (a) of subdivision 3 of section 89-b of the state finance law, as amended by section 2 of part B of chapter 58 of the laws of 2012, is amended to read as follows: (a) The special obligation reserve and payment account shall consist (i) of all moneys required to be deposited in the dedicated highway and bridge trust fund pursuant to the provisions of sections two hundred five, two hundred eighty-nine-e, three hundred one-j, five hundred fifteen and eleven hundred sixty-seven of the tax law, section four hundred one of the vehicle and traffic law, and section thirty-one of chapter fifty-six of the laws of nineteen hundred ninety-three, (ii) all fees, fines or penalties collected by the commissioner of transportation pursuant to section fifty-two, section three hundred twenty-six, [and subdivisions five, eight and twelve of] section eighty-eight of the highway law, subdivision fifteen of section three hundred eighty-five of the vehicle and traffic law, section two of the chapter of the laws of two thousand three that amended this paragraph, subdivision (d) of section three hundred four-a, paragraph one of subdivision (a) and subdivision (d) of section three hundred five, subdivision six-a of section four hundred fifteen and subdivision (g) of section twenty-one hundred twenty-five of the vehicle and traffic law, section fifteen of this chapter, excepting moneys deposited with the state on account of betterments performed pursuant to subdivision twenty-seven or subdivi- sion thirty-five of section ten of the highway law, AND SECTIONS NINE- TY-FOUR, ONE HUNDRED THIRTY-FIVE, ONE HUNDRED FORTY-FOUR AND ONE HUNDRED FORTY-FIVE OF THE TRANSPORTATION LAW, (iii) any moneys collected by the department of transportation for services provided pursuant to agree- ments entered into in accordance with section ninety-nine-r of the general municipal law, and (iv) any other moneys collected therefor or credited or transferred thereto from any other fund, account or source. S 9. Paragraph (a) of subdivision 3 of section 89-b of the state finance law, as amended by section 3 of part B of chapter 58 of the laws of 2012, is amended to read as follows: (a) The special obligation reserve and payment account shall consist (i) of all moneys required to be deposited in the dedicated highway and bridge trust fund pursuant to the provisions of sections two hundred eighty-nine-e, three hundred one-j, five hundred fifteen and eleven hundred sixty-seven of the tax law, section four hundred one of the vehicle and traffic law, and section thirty-one of chapter fifty-six of the laws of nineteen hundred ninety-three, (ii) all fees, fines or penalties collected by the commissioner of transportation pursuant to section fifty-two, section three hundred twenty-six, [and subdivisions five, eight and twelve of] section eighty-eight of the highway law, subdivision fifteen of section three hundred eighty-five of the vehicle and traffic law, section fifteen of this chapter, excepting moneys deposited with the state on account of betterments performed pursuant to subdivision twenty-seven or subdivision thirty-five of section ten of the highway law, AND SECTIONS NINETY-FOUR, ONE HUNDRED THIRTY-FIVE, ONE S. 6357 12 A. 8557 HUNDRED FORTY-FOUR AND ONE HUNDRED FORTY-FIVE OF THE TRANSPORTATION LAW (iii) any moneys collected by the department of transportation for services provided pursuant to agreements entered into in accordance with section ninety-nine-r of the general municipal law, and (iv) any other moneys collected therefor or credited or transferred thereto from any other fund, account or source. S 10. Paragraph a of subdivision 5 of section 89-b of the state finance law, as amended by section 60 of part HH of chapter 57 of the laws of 2013, is amended to read as follows: a. Moneys in the dedicated highway and bridge trust fund shall, following appropriation by the legislature, be utilized for: recon- struction, replacement, reconditioning, restoration, rehabilitation and preservation of state, county, town, city and village roads, highways, parkways, and bridges thereon, to restore such facilities to their intended functions; construction, reconstruction, enhancement and improvement of state, county, town, city, and village roads, highways, parkways, and bridges thereon, to address current and projected capacity problems including costs for traffic mitigation activities; aviation projects authorized pursuant to section fourteen-j of the transportation law and for payments to the general debt service fund of amounts equal to amounts required for service contract payments related to aviation projects as provided and authorized by section three hundred eighty-six of the public authorities law; programs to assist small and minority and women-owned firms engaged in transportation construction and recon- struction projects, including a revolving fund for working capital loans, and a bonding guarantee assistance program in accordance with provisions of this chapter; matching federal grants or apportionments to the state for highway, parkway and bridge capital projects; the acquisi- tion of real property and interests therein required or expected to be required in connection with such projects; preventive maintenance activ- ities necessary to ensure that highways, parkways and bridges meet or exceed their optimum useful life; expenses of control of snow and ice on state highways by the department of transportation including but not limited to personal services, nonpersonal services and fringe benefits, payment of emergency aid for control of snow and ice in municipalities pursuant to section fifty-five of the highway law, expenses of control of snow and ice on state highways by municipalities pursuant to section twelve of the highway law, and for expenses of arterial maintenance agreements with cities pursuant to section three hundred forty-nine of the highway law; personal services, NONPERSONAL SERVICES, and fringe benefit costs of the department of transportation for bus safety inspection activities, RAIL SAFETY INSPECTION ACTIVITIES, AND TRUCK SAFETY INSPECTION ACTIVITIES; costs of the department of motor vehicles, including but not limited to personal and nonpersonal services; costs of engineering and administrative services of the department of transporta- tion, including but not limited to fringe benefits; the contract services provided by private firms in accordance with section fourteen of the transportation law; personal services and nonpersonal services, for activities including but not limited to the preparation of designs, plans, specifications and estimates; construction management and super- vision activities; costs of appraisals, surveys, testing and environ- mental impact statements for transportation projects; expenses in connection with buildings, equipment, materials and facilities used or useful in connection with the maintenance, operation, and repair of highways, parkways and bridges thereon; and project costs for: construction, reconstruction, improvement, reconditioning and preserva- S. 6357 13 A. 8557 tion of rail freight facilities and intercity rail passenger facilities and equipment; construction, reconstruction, improvement, reconditioning and preservation of state, municipal and privately owned ports; construction, reconstruction, improvement, reconditioning and preserva- tion of municipal airports; privately owned airports and aviation capi- tal facilities, excluding airports operated by the state or operated by a bi-state municipal corporate instrumentality for which federal funding is not available provided the project is consistent with an approved airport layout plan; and construction, reconstruction, enhancement, improvement, replacement, reconditioning, restoration, rehabilitation and preservation of state, county, town, city and village roads, high- ways, parkways and bridges; and construction, reconstruction, improve- ment, reconditioning and preservation of fixed ferry facilities of municipal and privately owned ferry lines for transportation purposes, and the payment of debt service required on any bonds, notes or other obligations and related expenses for highway, parkway, bridge and project costs for: construction, reconstruction, improvement, recondi- tioning and preservation of rail freight facilities and intercity rail passenger facilities and equipment; construction, reconstruction, improvement, reconditioning and preservation of state, municipal and privately owned ports; construction, reconstruction, improvement, recon- ditioning and preservation of municipal airports; privately owned airports and aviation capital facilities, excluding airports operated by the state or operated by a bi-state municipal corporate instrumentality for which federal funding is not available provided the project is consistent with an approved airport layout plan; construction, recon- struction, enhancement, improvement, replacement, reconditioning, resto- ration, rehabilitation and preservation of state, county, town, city and village roads, highways, parkways and bridges; and construction, recon- struction, improvement, reconditioning and preservation of fixed ferry facilities of municipal and privately owned ferry lines for transporta- tion purposes, purposes authorized on or after the effective date of this section. Beginning with disbursements made on and after the first day of April, nineteen hundred ninety-three, moneys in such fund shall be available to pay such costs or expenses made pursuant to appropri- ations or reappropriations made during the state fiscal year which began on the first of April, nineteen hundred ninety-two. Beginning the first day of April, nineteen hundred ninety-three, moneys in such fund shall also be used for transfers to the general debt service fund and the revenue bond tax fund of amounts equal to that respectively required for service contract and financing agreement payments as provided and authorized by section three hundred eighty of the public authorities law, section eleven of chapter three hundred twenty-nine of the laws of nineteen hundred ninety-one, as amended, and sections sixty-eight-c and sixty-nine-o of this chapter. S 11. Paragraph a of subdivision 5 of section 89-b of the state finance law, as amended by section 60-a of part HH of chapter 57 of the laws of 2013, is amended to read as follows: a. Moneys in the dedicated highway and bridge trust fund shall, following appropriation by the legislature, be utilized for: recon- struction, replacement, reconditioning, restoration, rehabilitation and preservation of state, county, town, city and village roads, highways, parkways, and bridges thereon, to restore such facilities to their intended functions; construction, reconstruction, enhancement and improvement of state, county, town, city, and village roads, highways, parkways, and bridges thereon, to address current and projected capacity S. 6357 14 A. 8557 problems including costs for traffic mitigation activities; aviation projects authorized pursuant to section fourteen-j of the transportation law and for payments to the general debt service fund of amounts equal to amounts required for service contract payments related to aviation projects as provided and authorized by section three hundred eighty-six of the public authorities law; programs to assist small and minority and women-owned firms engaged in transportation construction and recon- struction projects, including a revolving fund for working capital loans, and a bonding guarantee assistance program in accordance with provisions of this chapter; matching federal grants or apportionments to the state for highway, parkway and bridge capital projects; the acquisi- tion of real property and interests therein required or expected to be required in connection with such projects; preventive maintenance activ- ities necessary to ensure that highways, parkways and bridges meet or exceed their optimum useful life; expenses of control of snow and ice on state highways by the department of transportation including but not limited to personal services, nonpersonal services and fringe benefits, payment of emergency aid for control of snow and ice in municipalities pursuant to section fifty-five of the highway law, expenses of control of snow and ice on state highways by municipalities pursuant to section twelve of the highway law, and for expenses of arterial maintenance agreements with cities pursuant to section three hundred forty-nine of the highway law; personal services, NONPERSONAL SERVICES, and fringe benefit costs of the department of transportation for bus safety inspection activities, RAIL SAFETY INSPECTION ACTIVITIES, AND TRUCK SAFETY INSPECTION ACTIVITIES; costs of engineering and administrative services of the department of transportation, including but not limited to fringe benefits; the contract services provided by private firms in accordance with section fourteen of the transportation law; personal services and nonpersonal services, for activities including but not limited to the preparation of designs, plans, specifications and esti- mates; construction management and supervision activities; costs of appraisals, surveys, testing and environmental impact statements for transportation projects; expenses in connection with buildings, equip- ment, materials and facilities used or useful in connection with the maintenance, operation, and repair of highways, parkways and bridges thereon; and project costs for: construction, reconstruction, improve- ment, reconditioning and preservation of rail freight facilities and intercity rail passenger facilities and equipment; construction, recon- struction, improvement, reconditioning and preservation of state, munic- ipal and privately owned ports; construction, reconstruction, improve- ment, reconditioning and preservation of municipal airports; privately owned airports and aviation capital facilities, excluding airports oper- ated by the state or operated by a bi-state municipal corporate instru- mentality for which federal funding is not available provided the project is consistent with an approved airport layout plan; and construction, reconstruction, enhancement, improvement, replacement, reconditioning, restoration, rehabilitation and preservation of state, county, town, city and village roads, highways, parkways and bridges; and construction, reconstruction, improvement, reconditioning and pres- ervation of fixed ferry facilities of municipal and privately owned ferry lines for transportation purposes, and the payment of debt service required on any bonds, notes or other obligations and related expenses for highway, parkway, bridge and project costs for: construction, recon- struction, improvement, reconditioning and preservation of rail freight facilities and intercity rail passenger facilities and equipment; S. 6357 15 A. 8557 construction, reconstruction, improvement, reconditioning and preserva- tion of state, municipal and privately owned ports; construction, recon- struction, improvement, reconditioning and preservation of municipal airports; privately owned airports and aviation capital facilities, excluding airports operated by the state or operated by a bi-state municipal corporate instrumentality for which federal funding is not available provided the project is consistent with an approved airport layout plan; construction, reconstruction, enhancement, improvement, replacement, reconditioning, restoration, rehabilitation and preserva- tion of state, county, town, city and village roads, highways, parkways and bridges; and construction, reconstruction, improvement, recondition- ing and preservation of fixed ferry facilities of municipal and private- ly owned ferry lines for transportation purposes, purposes authorized on or after the effective date of this section. Beginning with disburse- ments made on and after the first day of April, nineteen hundred nine- ty-three, moneys in such fund shall be available to pay such costs or expenses made pursuant to appropriations or reappropriations made during the state fiscal year which began on the first of April, nineteen hundred ninety-two. Beginning the first day of April, nineteen hundred ninety-three, moneys in such fund shall also be used for transfers to the general debt service fund and the revenue bond tax fund of amounts equal to that respectively required for service contract and financing agreement payments as provided and authorized by section three hundred eighty of the public authorities law, section eleven of chapter three hundred twenty-nine of the laws of nineteen hundred ninety-one, as amended, and sections sixty-eight-c and sixty-nine-o of this chapter. S 12. This act shall take effect immediately, provided that the amendments to paragraph (a) of subdivision 3 of section 89-b of the state finance law made by section eight of this act shall be subject to the expiration and reversion of such paragraph pursuant to section 13 of part U1 of chapter 62 of the laws of 2003, as amended, when upon such date the provisions of section nine of this act shall take effect; and provided further that the amendments to paragraph a of subdivision 5 of section 89-b of the state finance law made by section ten of this act shall be subject to the expiration and reversion of such paragraph pursuant to section 2 of part B of chapter 84 of the laws of 2002, as amended, when upon such date the provisions of section eleven of this act shall take effect. PART D Section 1. Section 2 of part D of chapter 58 of the laws of 2013, relating to the hours of operation of the department of motor vehicles and providing for the repeal of such provisions upon expiration thereof, is amended to read as follows: S 2. This act shall take effect immediately [and shall expire and be deemed repealed two years after such date]. S 2. This act shall take effect immediately. PART E Section 1. The article heading of article 12-C of the vehicle and traffic law, as added by chapter 751 of the laws of 2005, is amended to read as follows: ACCIDENT PREVENTION COURSE INTERNET, AND OTHER TECHNOLOGY [PILOT] PROGRAM S. 6357 16 A. 8557 S 2. Sections 399-m and 399-o of the vehicle and traffic law are REPEALED. S 3. Sections 399-k and 399-l of the vehicle and traffic law, as added by chapter 751 of the laws of 2005, are amended to read as follows: S 399-k. Accident prevention course internet technology [pilot] program. The commissioner shall establish and implement a comprehensive [pilot] program to [review and study] ALLOW internet, and other technol- ogies as approved by the commissioner, as a training method for the administration and completion of an approved accident prevention course for the purposes of granting point and insurance premium reduction bene- fits. S 399-l. Application. Applicants for participation in the [pilot] program established pursuant to this article shall be among those acci- dent prevention course sponsoring agencies that have a course approved by the commissioner pursuant to article twelve-B of this title [prior to the effective date of this article and which deliver] AND HAVE SATISFAC- TORILY DELIVERED such course to the public FOR A PERIOD OF ONE YEAR AND CONTINUE TO DELIVER SUCH COURSE, UNLESS EXEMPTED BY THE COMMISSIONER. [Provided, however, the commissioner may, in his or her discretion, approve applications after such date.] In order to be approved for participation in such [pilot] program, the course must comply with the provisions of law, rules and regulations applicable thereto. The commissioner may, in his or her discretion, impose a fee for the submission of each application to participate in the [pilot] program established pursuant to this article. Such fee shall not exceed seven thousand five hundred dollars. The proceeds from such fee shall be deposited in the accident prevention course internet technology [pilot] program fund as established by section eighty-nine-g of the state finance law. S 4. Subdivision 2 of section 399-n of the vehicle and traffic law, as added by chapter 751 of the laws of 2005, is amended to read as follows: 2. The commissioner is authorized to impose a fee upon each accident prevention course sponsoring agency approved for participation in the [pilot] program, which shall not exceed eight dollars for each student who completes an accident prevention course by means of the [pilot] program established pursuant to this article. S 5. The section heading, subdivisions 1 and 3 of section 89-g of the state finance law, as added by chapter 751 of the laws of 2005, are amended to read as follows: Accident prevention course internet, and other technology [pilot] program fund. 1. There is hereby established in the joint custody of the state comptroller and the commissioner of taxation and finance a special fund to be known as the "accident prevention course internet, and other technology [pilot] program fund". 3. The moneys in the accident prevention course internet, and other technology [pilot] program fund shall be kept separate and shall not be commingled with any other moneys in the custody of the commissioner of taxation and finance and the state comptroller. S 6. Section 5 of chapter 751 of the laws of 2005, amending the insur- ance law and the vehicle and traffic law, relating to establishing the accident prevention course internet technology pilot program, is amended to read as follows: S 5. This act shall take effect on the one hundred eightieth day after it shall have become a law [and shall expire and be deemed repealed five years after the date that the accident prevention course internet, and other technology pilot program is established and implemented by the S. 6357 17 A. 8557 commissioner of motor vehicles pursuant to article 12-C of the vehicle and traffic law, as added by section three of this act]; provided that any rules and regulations necessary to implement the provisions of this act on its effective date are authorized and directed to be completed on or before such date; and provided, further, that the commissioner of motor vehicles shall notify the legislative bill drafting commission of the date he or she establishes and implements the accident prevention course internet technology pilot program pursuant to article 12-C of the vehicle and traffic law, as added by section three of this act, in order that such commission may maintain an accurate and timely effective data base of the official text of the laws of the state of New York in furth- erance of effecting the provisions of section 44 of the legislative law and section 70-b of the public officers law. S 7. This act shall take effect immediately; provided that sections one through five of this act shall take effect May 18, 2014. PART F Section 1. Subdivision 3 of section 510-a of the vehicle and traffic law is amended by adding a new paragraph (f) to read as follows: (F) A COMMERCIAL DRIVER'S LICENSE SHALL BE SUSPENDED BY THE COMMIS- SIONER IF THE HOLDER FAILS TO AMEND THE LICENSE TO ADD OR REMOVE A LICENSE RESTRICTION AS DIRECTED BY THE COMMISSIONER. SUCH SUSPENSION SHALL REMAIN IN EFFECT UNTIL THE HOLDER OF THE COMMERCIAL DRIVER'S LICENSE AMENDS HIS OR HER LICENSE AS DIRECTED BY THE COMMISSIONER. THE COMMISSIONER SHALL DIRECT THE HOLDER OF SUCH COMMERCIAL DRIVER'S LICENSE, BY FIRST CLASS MAIL TO THE ADDRESS OF SUCH PERSON ON FILE WITH THE DEPARTMENT OR AT THE CURRENT ADDRESS PROVIDED BY THE UNITED STATES POSTAL SERVICE, TO AMEND HIS OR HER COMMERCIAL DRIVER'S LICENSE BY ADDING OR REMOVING A SPECIFIED RESTRICTION, AND THAT FAILURE TO AMEND SUCH LICENSE AS DIRECTED SHALL RESULT IN THE SUSPENSION OF HIS OR HER COMMERCIAL DRIVER'S LICENSE NO EARLIER THAN THIRTY DAYS FROM THE DATE OF THE NOTICE TO SUCH HOLDER. S 2. Subdivision 1-a of section 509 of the vehicle and traffic law, as added by section 1 of part J of chapter 59 of the laws of 2006, is amended to read as follows: 1-a. Whenever a license is required to operate a commercial motor vehicle, no person shall operate a commercial motor vehicle without the proper endorsements for the specific vehicle being operated or for the passengers or type of cargo being transported; OR WITHOUT THE PROPER RESTRICTIONS OR WITH RESTRICTIONS THAT ARE INAPPLICABLE TO OR INAPPRO- PRIATE FOR THE HOLDER FOR HIS OR HER OPERATION OF COMMERCIAL MOTOR VEHI- CLES. S 3. This act shall take effect immediately. PART G Section 1. Section 2985 of title 11 of article 9 of the public author- ities law is designated title 11-A and such title is amended by adding a new title heading to read as follows: TOLL COLLECTIONS S 2. Subdivision 1 of section 2985 of the public authorities law, as added by chapter 379 of the laws of 1992, is amended to read as follows: 1. Notwithstanding any other provision of law, every public authority which operates a toll highway bridge and/or tunnel facility is hereby authorized and empowered to impose monetary liability [on the owner of a S. 6357 18 A. 8557 vehicle] for failure [of an operator thereof] to comply with the toll collection regulations of such public authority in accordance with the provisions of this section. S 3. Subdivision 3 of section 2985 of the public authorities law, as added by chapter 379 of the laws of 1992, is amended to read as follows: 3. For purposes of this section, the term "owner" shall mean any person, corporation, partnership, firm, agency, association, lessor or organization who, at the time of the violation OR WHEN THE OBLIGATION TO PAY THE TOLL IS INCURRED and with respect to the vehicle identified in the notice of liability: (a) is the beneficial or equitable owner of such vehicle; or (b) has title to such vehicle; or (c) is the registrant or co-registrant of such vehicle which is registered with the department of motor vehicles of this state or any other state, territory, district, province, nation or other jurisdiction; or (d) subject to the limita- tions set forth in subdivision ten of this section, uses such vehicle in its vehicle renting and/or leasing business; and includes (e) a person entitled to the use and possession of a vehicle subject to a security interest in another person. For purposes of this section, the term "photo-monitoring system" shall mean a vehicle sensor installed to work in conjunction with a toll collection facility which automatically produces one or more photographs, one or more microphotographs, a vide- otape or other recorded images of each vehicle at the time it is used or operated in [violation of toll collection regulations] OR UPON A TOLL FACILITY. For purposes of this section, the term "toll collection regu- lations" shall mean: those rules and regulations of a public authority providing for and requiring the payment of tolls and/or charges prescribed by such public authority for the use of bridges, tunnels or highways under its jurisdiction or those rules and regulations of a public authority making it unlawful to refuse to pay or to evade or to attempt to evade the payment of all or part of any toll and/or charge for the use of bridges, tunnels or highways under the jurisdiction of such public authority. For purposes of this section, the term "vehicle" shall mean every device in, upon or by which a person or property is or may be transported or drawn upon a highway, except devices used exclu- sively upon stationary rails or tracks. S 4. Subdivision 4 of section 2985 of the public authorities law, as added by chapter 379 of the laws of 1992, is amended to read as follows: 4. A certificate, sworn to or affirmed by an agent of the public authority which charged that the violation occurred, or a facsimile thereof, based upon inspection of [photographs, microphotographs, vide- otape or other recorded images] DATA OR IMAGES produced by [a photo-mon- itoring] AN ELECTRONIC TOLL COLLECTION system OR OTHER RECORDS MAIN- TAINED BY OR ON BEHALF OF THE PUBLIC AUTHORITY REGARDING TOLL VIOLATIONS shall be prima facie evidence of the facts contained therein and shall be admissible in any proceeding charging a violation of toll collection regulations, provided that any [photographs, microphotographs, videotape or other recorded images] SUCH DATA, IMAGES, OR RECORDS evidencing such a violation shall be available for inspection and admission into evidence in any proceeding to adjudicate the liability for such violation. S 5. Subdivision 5 of section 2985 of the public authorities law, as added by chapter 379 of the laws of 1992, is amended to read as follows: 5. An owner found liable for a violation of toll collection regu- lations pursuant to this section shall for a first violation thereof be liable for THE FULL AMOUNT OF THE ASSESSED TOLLS AND OTHER CHARGES AND FEES IN ADDITION TO a monetary penalty not to exceed [fifty] ONE HUNDRED S. 6357 19 A. 8557 dollars or two times the toll evaded whichever is greater; for a second violation thereof both within eighteen months be liable for THE FULL AMOUNT OF THE ASSESSED TOLLS AND OTHER CHARGES AND FEES IN ADDITION TO a monetary penalty not to exceed [one] TWO hundred dollars or five times the toll evaded whichever is greater; for a third or subsequent violation thereof all within eighteen months be liable for THE FULL AMOUNT OF THE ASSESSED TOLLS AND OTHER CHARGES AND FEES IN ADDITION TO a monetary penalty not to exceed [one] THREE hundred [fifty] dollars or ten times the toll evaded whichever is greater. S 6. Paragraphs (a), (b) and (d) of subdivision 7 of section 2985 of the public authorities law, as added by chapter 379 of the laws of 1992, are amended to read as follows: (a) A notice of liability shall be sent by first class mail to each person alleged to be liable as an owner for a violation of toll collection regulations. Such notice shall be mailed no later than [thir- ty] ONE HUNDRED TWENTY days after the alleged violation. Personal deliv- ery on the owner shall not be required. A manual or automatic record of mailing prepared in the ordinary course of business shall be prima facie evidence of the mailing of the notice. (b) A notice of liability shall contain the name and address of the person alleged to be liable as an owner for a violation of toll collection regulations pursuant to this section, the registration number AND STATE OF REGISTRATION of the vehicle involved in such violation, the [location where such violation took place, the date and time] LOCATIONS, DATES AND TIMES of EACH USE OF THE FACILITY THAT FORMS THE BASIS OF such violation, THE AMOUNT OF THE ASSESSED TOLLS AND OTHER CHARGES AND FEES, and the identification number of the [photo-monitoring] ELECTRONIC TOLL COLLECTION system which recorded the [violation] VEHICLE BEING USED OR OPERATED ON THE TOLL FACILITY or other document locator number. (d) The notice of liability shall be prepared and mailed by OR ON BEHALF OF the public authority having jurisdiction over the toll facili- ty where the violation of toll collection regulations occurred. S 7. Subdivision 8 of section 2985 of the public authorities law, as added by chapter 379 of the laws of 1992, is amended to read as follows: 8. Adjudication of the liability imposed upon owners by this section shall be by the entity having jurisdiction over violations of the rules and regulations of the public authority serving the notice of liability or where authorized by an administrative tribunal and all violations shall be heard and determined in the county in which the violation is alleged to have occurred, or in New York city and upon the consent of both parties, in any county within New York city in which the public authority operates or maintains a facility, and in the same manner as charges of other regulatory violations of such public authority or pursuant to the rules and regulations of such administrative tribunal as the case may be. THE ENTITY OR ADMINISTRATIVE TRIBUNAL THAT ADJUDICATES LIABILITY FOR A VIOLATION SHALL COLLECT THE FULL AMOUNT OF THE ASSESSED TOLLS AND OTHER CHARGES AND FEES IN ADDITION TO THE MONETARY PENALTY OWED, AND SHALL PAY TO THE PUBLIC AUTHORITY WHOSE TOLL COLLECTION REGU- LATIONS WERE VIOLATED THE FULL AMOUNT OF THE ASSESSED TOLLS AND OTHER CHARGES AND FEES AND ONE-HALF OF THE MONETARY PENALTY. S 8. Subdivision 10 of section 2985 of the public authorities law, as amended by chapter 666 of the laws of 1993, is amended to read as follows: 10. An owner who is a lessor of a vehicle to which a notice of liabil- ity was issued pursuant to subdivision seven of this section shall not be liable for the violation of the toll collection regulation provided S. 6357 20 A. 8557 that he or she sends to the public authority [serving the notice of liability and to the court or other entity having jurisdiction] OR ITS DULY AUTHORIZED AGENT FOR THIS PURPOSE a copy of the rental, lease or other such contract document covering such vehicle on the date of [the violation] USE OF A TOLL FACILITY, with the name and address of the lessee clearly legible, within thirty days after receiving [the original] notice of [liability] USE OF THE TOLL FACILITY BY SUCH VEHICLE. Failure to send such information within such thirty day time period shall render the lessor liable for the penalty prescribed by this section. Where the lessor complies with the provisions of this subdivi- sion, the lessee of such vehicle on the date of such [violation] USE OF THE TOLL FACILITY shall be deemed to be the owner of such vehicle for purposes of this section and shall be subject to liability for the violation of toll collection regulations[, provided that the public authority mails a notice of liability to the lessee within ten days after the court, or other entity having jurisdiction, deems the lessee to be the owner]. For purposes of this subdivision the term "lessor" shall mean any person, corporation, firm, partnership, agency, associ- ation or organization engaged in the business of renting or leasing vehicles to any lessee under a rental agreement, lease or otherwise wherein the said lessee has the exclusive use of said vehicle for any period of time. For purposes of this subdivision, the term "lessee" shall mean any person, corporation, firm, partnership, agency, associ- ation or organization that rents, leases or contracts for the use of one or more vehicles and has exclusive use thereof for any period of time. S 9. Subdivision 11 of section 2985 of the public authorities law, as added by chapter 379 of the laws of 1992, is amended to read as follows: 11. Except as provided in subdivision ten of this section, if a person receives a notice of liability pursuant to this section it shall be a valid defense to an allegation of liability for a violation of toll collection regulations that the individual who received the notice of liability pursuant to this section was not the owner of the vehicle at the time the [violation occurred] OBLIGATION FOR PAYMENT OF THE TOLL AND OTHER CHARGES WAS INCURRED. If the owner liable for a violation of toll collection regulations pursuant to this section was not the operator of the vehicle at the time of the violation, the owner may maintain an action for indemnification against the operator. S 10. Subdivision 12 of section 2985 of the public authorities law, as added by chapter 379 of the laws of 1992, is amended to read as follows: 12. "Electronic toll collection system" shall mean a system of collecting tolls or OTHER charges [which is capable of charging an account holder the appropriate toll or charge by transmission of infor- mation from an electronic device on a motor vehicle to the toll lane, which information is used to charge the account the appropriate toll or charge] USING ELECTRONIC DATA AND IMAGES. In adopting procedures for the preparation and mailing of a notice of liability, the public author- ity having jurisdiction over the toll facility shall adopt guidelines to ensure adequate and timely notice to all electronic toll collection system account holders to inform them when their accounts are delin- quent. An owner who is an account holder under the electronic toll collection system shall not be found liable for a violation of this section unless such authority has first sent a notice of delinquency to such account holder and the account holder was in fact delinquent at the time of the violation. S 11. Section 2985 of the public authorities law is amended by adding three new subdivisions 15, 16 and 17 to read as follows: S. 6357 21 A. 8557 15. IN ADDITIONAL TO ANY MONETARY LIABILITY THAT MAY BE IMPOSED PURSUANT TO THIS SECTION, A PUBLIC AUTHORITY THAT OPERATES A TOLL HIGH- WAY, BRIDGE OR TUNNEL FACILITY IS HEREBY AUTHORIZED AND EMPOWERED TO IMPOSE AN ADMINISTRATIVE FEE OR FEES ON AN OWNER, AN OPERATOR OR AN ACCOUNT HOLDER THAT HAS VIOLATED TOLL COLLECTION REGULATIONS. 16. ANY NOTICE REQUIRED TO BE SENT PURSUANT TO THIS SECTION BY FIRST CLASS MAIL MAY INSTEAD BE SENT, WITH CONSENT, BY ELECTRONIC MEANS OF COMMUNICATION. A MANUAL OR AUTOMATIC RECORD OF ELECTRONIC COMMUNICATIONS PREPARED IN THIS ORDINARY COURSE OF BUSINESS SHALL BE ADEQUATE EVIDENCE OF ELECTRONIC NOTICE. 17. THE NEW YORK STATE THRUWAY AUTHORITY AND THE NEW YORK STATE BRIDGE AUTHORITY ARE AUTHORIZED TO ADOPT RULES AND REGULATIONS TO ESTABLISH AN ADMINISTRATIVE TRIBUNAL TO ADJUDICATE THE LIABILITY OF OWNERS FOR VIOLATION OF TOLL COLLECTION REGULATIONS AS DEFINED IN AND IN ACCORDANCE WITH THE PROVISIONS OF THIS SECTION AND THE APPLICABLE TOLL REGULATIONS OF SUCH AUTHORITIES. SUCH TRIBUNAL SHALL HAVE, WITH RESPECT TO VIOLATION OF TOLL COLLECTION REGULATIONS OF SUCH AUTHORITIES, NON-EXCLUSIVE JURIS- DICTION OVER VIOLATIONS OF THE RULES AND REGULATIONS WHICH MAY FROM TIME TO TIME BE ESTABLISHED BY SUCH AUTHORITIES IN ACCORDANCE WITH THE PROVISIONS OF THIS SECTION. VIOLATIONS SHALL BE HEARD AND DETERMINED IN THE COUNTY IN WHICH THE VIOLATION IS ALLEGED TO HAVE OCCURRED OR IN THE COUNTY IN WHICH THE PUBLIC AUTHORITY HAS ITS PRIMARY OR REGIONAL ADMIN- ISTRATIVE OFFICES AND REGULATIONS MAY PROVIDE FOR THE CONDUCT OF HEAR- INGS VIA VIDEOCONFERENCING. S 12. Subdivision 2 of section 87 of the public officers law is amended by adding a new paragraph (n) to read as follows: (N) ARE DATA OR IMAGES PRODUCED BY AN ELECTRONIC TOLL COLLECTION SYSTEM UNDER AUTHORITY OF SECTION TWO THOUSAND NINE HUNDRED EIGHTY-FIVE OF THE PUBLIC AUTHORITIES LAW. S 13. Subdivision 4-d of section 510 of the vehicle and traffic law, as added by chapter 379 of the laws of 1992, is amended to read as follows: 4-d. Suspension of registration for failure to answer or pay penalties with respect to certain violations. Upon the receipt of a notification, IN THE MANNER AND FORM PRESCRIBED BY THE COMMISSIONER, from a court [or], an administrative tribunal, A PUBLIC AUTHORITY, OR ANY OTHER PUBLIC ENTITY IMPOSING VIOLATIONS, that an owner of a motor vehicle failed to appear on the return date or dates or a new subsequent adjourned date or dates or failed to pay any penalty imposed by a court or failed to comply with the rules and regulations of an administrative tribunal following entry of a final decision or decisions, in response to [five] THREE or more notices of liability or other process, issued within an eighteen month period FROM ANY AND ALL JURISDICTIONS charging such owner with a violation of toll collection regulations in accordance with the provisions of section two thousand nine hundred eighty-five of the public authorities law or sections sixteen-a, sixteen-b and sixteen-c of chapter seven hundred seventy-four of the laws of nineteen hundred fifty, OR OTHER COMPARABLE LAW, the commissioner or his OR HER agent shall suspend the registration of the vehicle or vehicles involved in the violation or the privilege of operation of any motor vehicle owned by the registrant. Such suspension shall take effect no less than thirty days from the date on which notice thereof is sent by the commis- sioner to the person whose registration or privilege is suspended and shall remain in effect until such registrant has appeared in response to such notices of liability or has paid such penalty or in the case of an S. 6357 22 A. 8557 administrative tribunal, the registrant has complied with the rules and regulations following the entry of a final decision or decisions. S 14. Subdivision 8 of section 402 of the vehicle and traffic law, as amended by chapter 61 of the laws of 1989 and as renumbered by chapter 648 of the laws of 2006, is amended and a new subdivision 9 is added to read as follows: 8. [The] EXCEPT AS PROVIDED IN SUBDIVISION NINE OF THIS SECTION, THE violation of this section shall be punishable by a fine of not less than twenty-five nor more than two hundred dollars. 9. THE VIOLATION OF THIS SECTION ON A TOLL HIGHWAY, BRIDGE AND/OR TUNNEL FACILITY SHALL BE PUNISHABLE BY A FINE OF NOT LESS THAN ONE HUNDRED NOR MORE THAN FIVE HUNDRED DOLLARS. S 15. Subparagraph (i) of paragraph a of subdivision 5-a of section 401 of the vehicle and traffic law, as amended by section 9 of chapter 189 of the laws of 2013, is amended to read as follows: (i) If at the time of application for a registration or renewal there- of there is a certification from a court, parking violations bureau, traffic and parking violations agency or administrative tribunal of appropriate jurisdiction [or administrative tribunal of appropriate jurisdiction] that the registrant or his or her representative failed to appear on the return date or any subsequent adjourned date or failed to comply with the rules and regulations of an administrative tribunal following entry of a final decision in response to a total of three or more summonses or other process in the aggregate, issued within an eigh- teen month period, charging either that: (i) such motor vehicle was parked, stopped or standing, or that such motor vehicle was operated for hire by the registrant or his or her agent without being licensed as a motor vehicle for hire by the appropriate local authority, in violation of any of the provisions of this chapter or of any law, ordinance, rule or regulation made by a local authority; or (ii) the registrant was liable in accordance with section eleven hundred eleven-a of this chap- ter or section eleven hundred eleven-b of this chapter for a violation of subdivision (d) of section eleven hundred eleven of this chapter; or (iii) the registrant was liable in accordance with section eleven hundred eleven-c of this chapter for a violation of a bus lane restriction as defined in such section, or (iv) the registrant was liable in accordance with section eleven hundred eighty-b of this chap- ter for a violation of subdivision (c) or (d) of section eleven hundred eighty of this chapter; OR (V) THE REGISTRANT WAS LIABLE IN ACCORDANCE WITH SECTION TWO THOUSAND NINE HUNDRED EIGHTY-FIVE OF THE PUBLIC AUTHOR- ITIES LAW OR SECTIONS SIXTEEN-A, SIXTEEN-B OR SIXTEEN-C OF CHAPTER SEVEN HUNDRED SEVENTY-FOUR OF THE LAWS OF NINETEEN HUNDRED FIFTY, the commis- sioner or his or her agent shall deny the registration or renewal appli- cation until the applicant provides proof from the court, traffic and parking violations agency or administrative tribunal wherein the charges are pending that an appearance or answer has been made or in the case of an administrative tribunal that he or she has complied with the rules and regulations of said tribunal following entry of a final decision. Where an application is denied pursuant to this section, the commission- er may, in his or her discretion, deny a registration or renewal appli- cation to any other person for the same vehicle and may deny a registra- tion or renewal application for any other motor vehicle registered in the name of the applicant where the commissioner has determined that such registrant's intent has been to evade the purposes of this subdivi- sion and where the commissioner has reasonable grounds to believe that such registration or renewal will have the effect of defeating the S. 6357 23 A. 8557 purposes of this subdivision. Such denial shall only remain in effect as long as the summonses remain unanswered, or in the case of an adminis- trative tribunal, the registrant fails to comply with the rules and regulations following entry of a final decision. S 15-a. Paragraph a of subdivision 5-a of section 401 of the vehicle and traffic law, as amended by section 9-a of chapter 189 of the laws of 2013, is amended to read as follows: a. If at the time of application for a registration or renewal thereof there is a certification from a court or administrative tribunal of appropriate jurisdiction that the registrant or his or her represen- tative failed to appear on the return date or any subsequent adjourned date or failed to comply with the rules and regulations of an adminis- trative tribunal following entry of a final decision in response to a total of three or more summonses or other process in the aggregate, issued within an eighteen month period, charging either that: (i) such motor vehicle was parked, stopped or standing, or that such motor vehi- cle was operated for hire by the registrant or his or her agent without being licensed as a motor vehicle for hire by the appropriate local authority, in violation of any of the provisions of this chapter or of any law, ordinance, rule or regulation made by a local authority; or (ii) the registrant was liable in accordance with section eleven hundred eleven-b of this chapter for a violation of subdivision (d) of section eleven hundred eleven of this chapter; or (iii) the registrant was liable in accordance with section eleven hundred eleven-c of this chap- ter for a violation of a bus lane restriction as defined in such section; or (iv) the registrant was liable in accordance with section eleven hundred eighty-b of this chapter for a violation of subdivision (b), (c), (d), (f) or (g) of section eleven hundred eighty of this chap- ter; OR (V) THE REGISTRANT WAS LIABLE IN ACCORDANCE WITH SECTION TWO THOUSAND NINE HUNDRED EIGHTY-FIVE OF THE PUBLIC AUTHORITIES LAW OR SECTIONS SIXTEEN-A, SIXTEEN-B OR SIXTEEN-C OF CHAPTER SEVEN HUNDRED SEVENTY-FOUR OF THE LAWS OF NINETEEN HUNDRED FIFTY, the commissioner or his or her agent shall deny the registration or renewal application until the applicant provides proof from the court or administrative tribunal wherein the charges are pending that an appearance or answer has been made or in the case of an administrative tribunal that he or she has complied with the rules and regulations of said tribunal follow- ing entry of a final decision. Where an application is denied pursuant to this section, the commissioner may, in his or her discretion, deny a registration or renewal application to any other person for the same vehicle and may deny a registration or renewal application for any other motor vehicle registered in the name of the applicant where the commis- sioner has determined that such registrant's intent has been to evade the purposes of this subdivision and where the commissioner has reason- able grounds to believe that such registration or renewal will have the effect of defeating the purposes of this subdivision. Such denial shall only remain in effect as long as the summonses remain unanswered, or in the case of an administrative tribunal, the registrant fails to comply with the rules and regulations following entry of a final decision. S 15-b. Paragraph a of subdivision 5-a of section 401 of the vehicle and traffic law, as amended by section 9-b of chapter 189 of the laws of 2013, is amended to read as follows: a. If at the time of application for a registration or renewal thereof there is a certification from a court or administrative tribunal of appropriate jurisdiction that the registrant or his or her represen- tative failed to appear on the return date or any subsequent adjourned S. 6357 24 A. 8557 date or failed to comply with the rules and regulations of an adminis- trative tribunal following entry of a final decision in response to three or more summonses or other process, issued within an eighteen month period, charging that such motor vehicle was parked, stopped or standing, or that such motor vehicle was operated for hire by the regis- trant or his or her agent without being licensed as a motor vehicle for hire by the appropriate local authority, in violation of any of the provisions of this chapter or of any law, ordinance, rule or regulation made by a local authority, or the registrant was liable in accordance with section eleven hundred eleven-c of this chapter for a violation of a bus lane restriction as defined in such section, or the registrant was liable in accordance with section eleven hundred eighty-b of this chap- ter for a violation of subdivision (b), (c), (d), (f) or (g) of section eleven hundred eighty of this chapter, OR THE REGISTRANT WAS LIABLE IN ACCORDANCE WITH SECTION TWO THOUSAND NINE HUNDRED EIGHTY-FIVE OF THE PUBLIC AUTHORITIES LAW OR SECTIONS SIXTEEN-A, SIXTEEN-B OR SIXTEEN-C OF CHAPTER SEVEN HUNDRED SEVENTY-FOUR OF THE LAWS OF NINETEEN HUNDRED FIFTY, the commissioner or his or her agent shall deny the registration or renewal application until the applicant provides proof from the court or administrative tribunal wherein the charges are pending that an appearance or answer has been made or in the case of an administrative tribunal that he or she has complied with the rules and regulations of said tribunal following entry of a final decision. Where an application is denied pursuant to this section, the commissioner may, in his or her discretion, deny a registration or renewal application to any other person for the same vehicle and may deny a registration or renewal application for any other motor vehicle registered in the name of the applicant where the commissioner has determined that such registrant's intent has been to evade the purposes of this subdivision and where the commissioner has reasonable grounds to believe that such registration or renewal will have the effect of defeating the purposes of this subdivi- sion. Such denial shall only remain in effect as long as the summonses remain unanswered, or in the case of an administrative tribunal, the registrant fails to comply with the rules and regulations following entry of a final decision. S 15-c. Paragraph a of subdivision 5-a of section 401 of the vehicle and traffic law, as amended by section 9-c of chapter 189 of the laws of 2013, is amended to read as follows: a. If at the time of application for a registration or renewal thereof there is a certification from a court or administrative tribunal of appropriate jurisdiction that the registrant or his representative failed to appear on the return date or any subsequent adjourned date or failed to comply with the rules and regulations of an administrative tribunal following entry of a final decision in response to three or more summonses or other process, issued within an eighteen month period, charging that such motor vehicle was parked, stopped or standing, or that such motor vehicle was operated for hire by the registrant or his agent without being licensed as a motor vehicle for hire by the appro- priate local authority, in violation of any of the provisions of this chapter or of any law, ordinance, rule or regulation made by a local authority, or the registrant was liable in accordance with section elev- en hundred eighty-b of this chapter for violations of subdivision (b), (c), (d), (f) or (g) of section eleven hundred eighty of this chapter, OR THE REGISTRANT WAS LIABLE IN ACCORDANCE WITH SECTION TWO THOUSAND NINE HUNDRED EIGHTY-FIVE OF THE PUBLIC AUTHORITIES LAW OR SECTIONS SIXTEEN-A, SIXTEEN-B OR SIXTEEN-C OF CHAPTER SEVEN HUNDRED SEVENTY-FOUR S. 6357 25 A. 8557 OF THE LAWS OF NINETEEN HUNDRED FIFTY, the commissioner or his agent shall deny the registration or renewal application until the applicant provides proof from the court or administrative tribunal wherein the charges are pending that an appearance or answer has been made or in the case of an administrative tribunal that he has complied with the rules and regulations of said tribunal following entry of a final decision. Where an application is denied pursuant to this section, the commission- er may, in his discretion, deny a registration or renewal application to any other person for the same vehicle and may deny a registration or renewal application for any other motor vehicle registered in the name of the applicant where the commissioner has determined that such regis- trant's intent has been to evade the purposes of this subdivision and where the commissioner has reasonable grounds to believe that such registration or renewal will have the effect of defeating the purposes of this subdivision. Such denial shall only remain in effect as long as the summonses remain unanswered, or in the case of an administrative tribunal, the registrant fails to comply with the rules and regulations following entry of a final decision. S 15-d. Paragraph a of subdivision 5-a of section 401 of the vehicle and traffic law, as separately amended by chapters 339 and 592 of the laws of 1987, is amended to read as follows: a. If at the time of application for a registration or renewal thereof there is a certification from a court or administrative tribunal of appropriate jurisdiction that the registrant or his representative failed to appear on the return date or any subsequent adjourned date or failed to comply with the rules and regulations of an administrative tribunal following entry of a final decision in response to three or more summonses or other process, issued within an eighteen month period, charging that such motor vehicle was parked, stopped or standing, or that such motor vehicle was operated for hire by the registrant or his agent without being licensed as a motor vehicle for hire by the appro- priate local authority, in violation of any of the provisions of this chapter or of any law, ordinance, rule or regulation made by a local authority, OR THE REGISTRANT WAS LIABLE IN ACCORDANCE WITH SECTION TWO THOUSAND NINE HUNDRED EIGHTY-FIVE OF THE PUBLIC AUTHORITIES LAW OR SECTIONS SIXTEEN-A, SIXTEEN-B OR SIXTEEN-C OF CHAPTER SEVEN HUNDRED SEVENTY-FOUR OF THE LAWS OF NINETEEN HUNDRED FIFTY, the commissioner or his agent shall deny the registration or renewal application until the applicant provides proof from the court or administrative tribunal wher- ein the charges are pending that an appearance or answer has been made or in the case of an administrative tribunal that he has complied with the rules and regulations of said tribunal following entry of a final decision. Where an application is denied pursuant to this section, the commissioner may, in his discretion, deny a registration or renewal application to any other person for the same vehicle and may deny a registration or renewal application for any other motor vehicle regis- tered in the name of the applicant where the commissioner has determined that such registrant's intent has been to evade the purposes of this subdivision and where the commissioner has reasonable grounds to believe that such registration or renewal will have the effect of defeating the purposes of this subdivision. Such denial shall only remain in effect as long as the summonses remain unanswered, or in the case of an adminis- trative tribunal, the registrant fails to comply with the rules and regulations following entry of a final decision. S 16. The vehicle and traffic law is amended by adding a new section 518 to read as follows: S. 6357 26 A. 8557 S 518. RECIPROCAL AGREEMENTS CONCERNING SUSPENSION OR DENIAL OF REGIS- TRATION OF A MOTOR VEHICLE FOR VIOLATIONS OF TOLL COLLECTION REGU- LATIONS. 1. THE COMMISSIONER MAY EXECUTE A RECIPROCAL COMPACT OR AGREE- MENT REGARDING TOLL COLLECTION VIOLATIONS WITH THE MOTOR VEHICLE ADMINISTRATOR OR OTHER AUTHORIZED OFFICIAL OF ANOTHER STATE NOT INCON- SISTENT WITH THE PROVISIONS OF THIS CHAPTER. SUCH COMPACT OR AGREEMENT SHALL PROVIDE THAT IF A REGISTRATION OF A MOTOR VEHICLE WOULD BE SUSPENDED PURSUANT TO SUBDIVISION FIVE-A OF SECTION FOUR HUNDRED ONE OF THIS CHAPTER, OR PURSUANT TO A COMPARABLE LAW OR REGULATION OF ANOTHER STATE, OR IF THE REGISTRATION OR RENEWAL OF A MOTOR VEHICLE WOULD BE DENIED PURSUANT TO SUBDIVISION FOUR-D OF SECTION 510 OF THIS ARTICLE, OR PURSUANT TO A COMPARABLE LAW OR REGULATION OF ANOTHER STATE, BECAUSE AN OWNER OF A MOTOR VEHICLE (A) FAILED TO APPEAR, (B) FAILED TO PAY ANY PENALTY IMPOSED BY A COURT, OR (C) FAILED TO COMPLY WITH THE RULES AND REGULATIONS OF AN ADMINISTRATIVE TRIBUNAL FOLLOWING ENTRY OF A FINAL DECISION IN RESPONSE TO THREE OR MORE NOTICES OF LIABILITY OF OTHER PROCESS ISSUED WITHIN AN EIGHTEEN-MONTH PERIOD IN ACCORDANCE WITH THE PROVISIONS OF SECTION TWO THOUSAND NINE HUNDRED EIGHTY-FIVE OF THE PUBLIC AUTHORITIES LAW OR SECTIONS ONE THROUGH SIXTEEN AND SIXTEEN-A, SIXTEEN-B AND SIXTEEN-C OF CHAPTER SEVEN HUNDRED SEVENTY-FOUR OF THE LAWS OF NINETEEN HUNDRED FIFTY, OR WITH ANY COMPARABLE LAW OR REGULATION OF ANOTHER STATE, THEN THE STATE ISSUING THE REGISTRATION SHALL LIKEWISE SUSPEND THE REGISTRATION OR DENY THE REGISTRATION OR RENEWAL, UNTIL SUCH REGISTRANT OR APPLICANT HAS APPEARED IN RESPONSE TO SUCH NOTICES OF LIABILITY, OR HAS PAID SUCH PENALTY, OR, IN THE CASE OF AN ADMINISTRA- TIVE TRIBUNAL, THE REGISTRANT OR APPLICANT HAS COMPLIED WITH THE RULES AND REGULATIONS FOLLOWING THE ENTRY OF A FINAL DECISION OR DECISIONS. 2. SUCH COMPACT OR AGREEMENT SHALL ALSO PROVIDE SUCH TERMS AND PROCE- DURES AS ARE NECESSARY AND PROPER TO FACILITATE ITS ADMINISTRATION. ANY SUCH COMPACT OR AGREEMENT SHALL SPECIFY THE VIOLATIONS SUBJECT TO THE COMPACT OR AGREEMENT, AND SHALL INCLUDE A DETERMINATION OF COMPARABLE VIOLATIONS IN EACH STATE IF ANY SUCH VIOLATIONS ARE OF A SUBSTANTIALLY SIMILAR NATURE BUT ARE NOT DENOMINATED OR DESCRIBED IN PRECISELY THE SAME WORDS IN EACH PARTY STATE. 3. THE WORD "STATE" WHEN USED IN THIS SECTION SHALL MEAN ANY STATE, TERRITORY, A POSSESSION OF THE UNITED STATES, DISTRICT OF COLUMBIA OR ANY PROVINCE OF CANADA. S 17. Paragraph b of subdivision 2 of section 240 of the vehicle and traffic law, as added by chapter 715 of the laws of 1972, is amended to read as follows: b. No charge may be established except upon proof by substantial evidence; EXCEPT THAT FOR AN ALLEGATION OF LIABILITY IN ACCORDANCE WITH SECTION TWO THOUSAND NINE HUNDRED EIGHTY-FIVE OF THE PUBLIC AUTHORITIES LAW OR SECTIONS SIXTEEN-A, SIXTEEN-B AND SIXTEEN-C OF CHAPTER SEVEN HUNDRED SEVENTY-FOUR OF THE LAWS OF NINETEEN HUNDRED FIFTY, NO CHARGE MAY BE ESTABLISHED EXCEPT UPON PROOF BY PREPONDERANCE OF EVIDENCE AS SUBMITTED. S 18. Subdivision 3 of section 165.15 of the penal law is amended to read as follows: 3. With intent to obtain railroad, subway, bus, air, taxi or any other public transportation service OR TO USE ANY HIGHWAY, PARKWAY, ROAD, BRIDGE OR TUNNEL without payment of the lawful charge OR TOLL therefor, or to avoid payment of the lawful charge OR TOLL for such transportation service which has been rendered to him OR HER OR FOR SUCH USE OF ANY HIGHWAY, PARKWAY, ROAD, BRIDGE OR TUNNEL, he OR SHE obtains or attempts to obtain such service OR USE or avoids or attempts to avoid payment S. 6357 27 A. 8557 therefor by force, intimidation, stealth, deception or mechanical tampering, or by unjustifiable failure or refusal to pay; or S 19. Subdivision 10 of section 1209-a of the public authorities law, as amended by chapter 379 of the laws of 1992, is amended to read as follows: 10. Funds. [All] EXCEPT FOR PENALTIES, EVADED TOLLS AND OTHER CHARGES COLLECTED AND PAID TO THE TRIBOROUGH BRIDGE AND TUNNEL AUTHORITY IN ACCORDANCE WITH THE PROVISIONS OF SECTION TWO THOUSAND NINE HUNDRED EIGHTY-FIVE OF THIS CHAPTER, ALL penalties collected pursuant to the provisions of this section shall be paid to the authority to the credit of a transit crime fund which the authority shall establish. Any sums in this fund shall be used to pay for programs selected by the board of the authority, in its discretion, to reduce the incidence of crimes and infractions on transit facilities, or to improve the enforcement of laws against such crimes and infractions. Such funds shall be in addition to and not in substitution for any funds provided by the state or the city of New York for such purposes. S 20. Section 1209-a of the public authorities law is amended by adding a new subdivision 11 to read as follows: 11. NOTICE. ANY NOTICE OR COMMUNICATION REQUIRED TO BE SENT PURSUANT TO THIS SECTION BY REGISTERED MAIL OR CERTIFIED MAIL MAY INSTEAD BE SENT BY FIRST CLASS MAIL OR, WITH CONSENT, BY ELECTRONIC MEANS OF COMMUNI- CATION. S 21. Section 2 of chapter 774 of the laws of 1950, relating to agree- ing with the state of New Jersey with respect to rules and regulations governing traffic on vehicular crossings operated by the port of New York authority, is amended to read as follows: S 2. No traffic shall be permitted in or upon vehicular crossings except upon the payment of such tolls and other charges as may from time to time be prescribed by the port authority. It is hereby declared to be unlawful for any person to refuse to pay, or to evade or to attempt to evade the payment of such tolls or other charges. THE OBLIGATION TO PAY SUCH TOLLS AND OTHER CHARGES IS INCURRED AT THE TIME OF ENTRY INTO OR USE OF THE PARTICULAR VEHICULAR CROSSING. S 22. Section 16-a of chapter 774 of the laws of 1950, relating to agreeing with the state of New Jersey with respect to rules and regu- lations governing traffic on vehicular crossings operated by the port of New York authority, as added by chapter 379 of the laws of 1992, is amended to read as follows: S 16-a. Owner liability for failure of operator to comply with toll collection regulations of the port authority. Notwithstanding any other provision of law and in accordance with the provisions of [section] SECTIONS 16-b AND 16-C of this act, an owner of a vehicle may be held liable for failure of an operator thereof to comply with the toll collection regulations of the port authority of New York and New Jersey (hereinafter called port authority). The owner of a vehicle shall be liable pursuant to this section if such vehicle was used or operated with the permission of the owner, express or implied, in violation of the toll collection regulations of the port authority, and such violation is evidenced by information obtained from a photo-monitoring system, provided, however, that no owner of a vehicle shall be liable where the operator of such vehicle has been convicted of a violation of those toll collection regulations for the same incident. S 23. Section 16-b of chapter 774 of the laws of 1950, relating to agreeing with the state of New Jersey with respect to rules and regu- lations governing traffic on vehicular crossings operated by the port of S. 6357 28 A. 8557 New York authority, as added by chapter 379 of the laws of 1992, subdi- vision f as amended by chapter 666 of the laws of 1993, is amended to read as follows: S 16-b. Imposition of liability for failure of operator to comply with toll collection regulations of the port authority. The liability set forth in section 16-a of this act, shall be imposed upon an owner for a violation by an operator of the toll collection regulations of the port authority occurring within the territorial limits of the state of New York in accordance with the following: a. For the purposes of this section AND SECTIONS 16-A AND 16-C OF THIS ACT, the term "owner" shall mean any person, corporation, partnership, firm, agency, association, lessor, or organization who, at the time of the violation [in any city in which a vehicle is operated] OR THE OBLI- GATION FOR PAYMENT OF THE TOLL CHARGES IS INCURRED: (i) is the benefi- cial or equitable owner of such vehicle; or (ii) has title to such vehi- cle; or (iii) is the registrant or co-registrant of such vehicle which is registered with the department of motor vehicles of this state or any other state, territory, district, province, nation or other jurisdic- tion; or (iv) subject to the limitations set forth in subdivision f of this section, uses such vehicle in its vehicle renting and/or leasing business; and includes (v) a person entitled to the use and possession of a vehicle subject to a security interest in another person. For the purposes of this section, the term "operator" shall mean any person, corporation, firm, partnership, agency, association, organization or lessee that uses or operates a vehicle with or without the permission of the owner, and an owner who operates his or her own vehicle. FOR PURPOSES OF THIS SECTION AND SECTION 16-A OF THIS ACT, THE TERM "ELEC- TRONIC TOLL COLLECTION SYSTEM" SHALL MEAN A SYSTEM FOR COLLECTING TOLLS OR OTHER CHARGES USING ELECTRONIC DATA AND IMAGES. For purposes of this section, the term "photo-monitoring system" shall mean a vehicle sensor installed to work in conjunction with a toll collection facility which automatically produces one or more photographs, one or more microphoto- graphs, a videotape, or other recorded images of each vehicle at the time it is used or operated in [violation of the toll collection regu- lations of the port authority] OR UPON VEHICULAR CROSSINGS OPERATED BY THE PORT AUTHORITY. For purposes of this section AND SECTIONS 16-A AND 16-C OF THIS ACT, the term "toll collection regulations of the port authority" shall refer to the traffic regulations for interstate vehicu- lar crossings operated by the port authority as set forth in this chap- ter and in chapter 192 of the laws of New Jersey of 1950, and specif- ically that section of the laws which prohibits traffic in or upon vehicular crossings operated by the port authority except upon the payment of such tolls and other charges as may from time to time be prescribed by the port authority and which further makes it unlawful for any person to refuse to pay, or to evade or to attempt to evade the payment of such tolls or other charges. For purposes of this section AND SECTION 16-A OF THIS ACT, the term "vehicle" shall mean every device in, upon, or by which a person or property is or may be transported or drawn upon a highway[, except devices used exclusively upon stationary rails or tracks]. b. A certificate, sworn to or affirmed by an agent of the port author- ity, or a facsimile thereof, based upon inspection of [photographs, microphotographs, videotape or other recorded images] DATA OR IMAGES produced by [a photo-monitoring system] ITS ELECTRONIC TOLL COLLECTION SYSTEM OR OTHER RECORDS MAINTAINED BY OR ON BEHALF OF THE PORT AUTHORITY REGARDING TOLL VIOLATIONS shall be prima facie evidence of the facts S. 6357 29 A. 8557 contained therein and shall be admissible in any proceeding charging a violation of toll collection regulations of the port authority, provided that any [photographs, microphotographs, videotape or other recorded images] SUCH DATA, IMAGES, OR RECORDS evidencing such a violation shall be available for inspection and admission into evidence in any proceed- ing to adjudicate the liability for such violation. c. An imposition of liability pursuant to this section shall be based upon a preponderance of evidence as submitted. An imposition of liabil- ity pursuant to this section shall not be deemed a conviction of an operator and shall not be made part of the motor vehicle operating record, furnished pursuant to section 354 of the vehicle and traffic law, of the person upon whom such liability is imposed nor shall it be used for insurance purposes in the provision of motor vehicle insurance coverage. d. (i) A notice of liability shall be sent by first class mail OR, WITH CONSENT, BY ELECTRONIC MEANS OF COMMUNICATION to each person alleged to be liable [as an owner] for a violation pursuant to this section of the toll collection regulations of the port authority. Such notice shall be [mailed] SENT no later than [thirty] ONE HUNDRED TWENTY days after the alleged violation. Personal delivery [on the owner] shall not be required. A manual or automatic record of [mailing] SENDING THE NOTICE prepared in the ordinary course of business shall be prima facie evidence of the [mailing] SENDING of the notice. (ii) A notice of liability shall contain the name and address of the person alleged to be liable [as an owner] for a violation of the toll collection regulations of the port authority pursuant to this section, the registration number AND STATE OF REGISTRATION of the vehicle involved in such violation, the [location where such violation took place, the date and time] LOCATIONS, DATES AND TIMES OF EACH USE OF THE VEHICULAR CROSSING THAT FORMS THE BASIS of such violation, THE AMOUNT OF THE ASSESSED TOLLS AND OTHER CHARGES, and the identification number of the [photo-monitoring system] ELECTRONIC TOLL COLLECTION SYSTEM which recorded the [violation] USE or other document locator number. (iii) The notice of liability shall contain information advising the person charged of the manner and the time in which he may contest the liability alleged in the notice. Such notice of liability shall also contain a warning to advise the persons charged that failure to contest in the manner and time provided shall be deemed an admission of liabil- ity and that a default judgment may be entered thereon. (iv) The notice of liability shall be prepared and [mailed] SENT by the port authority or its duly authorized agent. e. If an owner receives a notice of liability pursuant to this section for any time period during which the vehicle was reported to the police department as having been stolen, it shall be a valid defense to an allegation of liability for a violation of the toll collection regu- lations of the port authority that the vehicle had been reported to the police as stolen prior to the time the violation occurred and had not been recovered by such time. If an owner receives a notice of liability pursuant to this section for any time period during which the vehicle was stolen, but not as yet reported to the police as having been stolen, it shall be a valid defense to an allegation of liability for a violation of toll collection regulations of the port authority pursuant to this section that the vehicle was reported as stolen within two hours after discovery of the theft by the owner. For purposes of asserting the defense provided by this subdivision, it shall be sufficient that a S. 6357 30 A. 8557 certified copy of the police report on the stolen vehicle be sent by first class mail to the court or other entity having jurisdiction. f. An owner, as defined in subdivision a of this section, who is a lessor of a vehicle to which a notice of liability was issued pursuant to subdivision d of this section shall not be liable pursuant to this section for the violation of the toll collection regulations of the port authority provided that he or she sends to the port authority [serving the notice of liability and to the court or other entity having juris- diction] OR ITS DULY AUTHORIZED AGENT FOR THIS PURPOSE a copy of the rental, lease or other such contract document covering such vehicle on the date of the [violation] USE OF THE VEHICULAR CROSSING, with the name and address of the lessee clearly legible, within thirty days after receiving from the port authority or its duly authorized agent [the original] FOR THIS PURPOSE notice of [liability] THE USE OF THE VEHICU- LAR CROSSING BY SUCH VEHICLE. Failure to send such information within such thirty day time period shall render the lessor liable for the penalty prescribed by this section. Where the lessor complies with the provisions of this subdivision, the lessee of such vehicle on the date of such [violation] USE OF THE VEHICULAR CROSSING shall be deemed to be the owner of such vehicle for purposes of this section and shall be subject to liability for the violation of toll collection regulations of the port authority [provided that the port authority or its duly author- ized agent mails a notice of liability to the lessee within ten days after the court, or other entity having jurisdiction, deems the lessee to be the owner]. For purposes of this subdivision the term "lessor" shall mean any person, corporation, firm, partnership, agency, associ- ation or organization engaged in the business of renting or leasing vehicles to any lessee under a rental agreement, lease or otherwise wherein the said lessee has the exclusive use of said vehicle for any period of time. For the purposes of this subdivision, the term "lessee" shall mean any person, corporation, firm, partnership, agency, associ- ation or organization that rents, leases or contracts for the use of one or more vehicles and has exclusive use thereof for any period of time. g. Except as provided in subdivision f of this section, if a person receives a notice of liability pursuant to this section it shall be a valid defense to an allegation of liability for a violation of toll collection regulations of the port authority that the individual who received the notice of liability pursuant to this section was not the owner of the vehicle at the time the [violation] USE OF THE VEHICULAR CROSSING occurred. If the owner liable for a violation of the toll collection regulations of the port authority pursuant to this section was not the operator of the vehicle at the time of the [violation] USE OF THE VEHICULAR CROSSING, the owner may maintain an action for indemni- fication against the operator. The operator of the vehicle may apply to the court or other entity having jurisdiction to adjudicate the liabil- ity imposed under this section to accept responsibility for the violation and satisfactorily discharge all applicable tolls, charges, FEES, and penalties related to the violation. h. ["Electronic toll collection system" shall mean a system of collecting tolls or charges which is capable of charging an account holder the appropriate toll or charge by transmission of information from an electronic device on a motor vehicle to the toll lane, which information is used to charge the account the appropriate toll or charge.] In adopting procedures for the preparation and [mailing] SEND- ING of a notice of liability, the port authority or its duly authorized agent shall adopt guidelines [to ensure] FOR SENDING BY FIRST CLASS MAIL S. 6357 31 A. 8557 OR, WITH CONSENT, BY ELECTRONIC MEANS OF COMMUNICATION, adequate and timely notice to all electronic toll collection system account holders to inform them when their accounts are delinquent. An owner who is an account holder under the electronic toll collection system shall not be found liable for a violation of this section unless such authority has first sent a notice of delinquency to such account holder and the account holder was in fact delinquent at the time of the violation. i. Nothing in this section shall be construed to limit the liability of an operator of OR THE ACCOUNT HOLDER ASSOCIATED WITH a vehicle for any violation of the toll collection regulations of the port authority. Nothing in this section shall authorize or preclude the port authority from excluding from any of its facilities, in its sole discretion, any or all vehicles found liable under this section as well as other vehi- cles owned or operated by the owner or operator of OR ACCOUNT HOLDER ASSOCIATED WITH such vehicle. j. Notwithstanding any other provision of law, all photographs, micro- photographs, videotape or other recorded images prepared pursuant to this section shall be for the exclusive use of the port authority in the discharge of its duties under this section and shall not be open to the public nor be used in any court in any action or proceeding pending therein unless such action or proceeding relates to the imposition of or indemnification for liability pursuant to this section. The port author- ity or its duly authorized agent shall not sell, distribute or make available in any way, the names and addresses of electronic toll collection system account holders, or any information compiled from transactions with such account holders, without such account holders' consent to any entity that will use such information for any commercial purpose provided that the foregoing restriction shall not be deemed to preclude the exchange of such information between any entities with jurisdiction over and or operating a toll highway bridge and/or tunnel facility. S 24. Section 16-c of chapter 774 of the laws of 1950, relating to agreeing with the state of New Jersey with respect to rules and regu- lations governing traffic on vehicular crossings operated by the port of New York authority, as added by chapter 379 of the laws of 1992, is amended to read as follows: S 16-c. Adjudication of liability. Adjudication of the liability imposed upon an owner by section 16-a of this act for a violation of the toll collection regulations of the port authority occurring within the territorial limits of the state of New York shall be in accordance with the vehicle and traffic law of New York as set forth in sections 235, 236, 237, 239, 240, 241, 242, 401, 510 and 1809 of such law, or by such entity having jurisdiction over violations of the toll collection regu- lations of the port authority occurring within the territorial limits of the state of New York, provided that all violations shall be heard and determined in the county in which [the violation is alleged to have occurred, or by consent of both parties,] OBLIGATION FOR PAYMENT OF THE TOLLS OR OTHER CHARGES WAS INCURRED, OR in any county in the state of New York in which the port authority operates or maintains a facility. An owner found liable for a violation of toll collection regulations pursuant to this section shall for a first violation thereof be liable for THE FULL AMOUNT OF THE ASSESSED TOLL AND OTHER CHARGES AND FEES IN ADDITION TO a monetary penalty not to exceed [fifty] ONE HUNDRED dollars or two times the toll evaded whichever is greater; for a second violation thereof both within eighteen months be liable for THE FULL AMOUNT OF THE ASSESSED TOLL AND OTHER CHARGES AND FEES IN ADDITION TO a S. 6357 32 A. 8557 monetary penalty not to exceed [one] TWO hundred dollars or five times the toll evaded whichever is greater; for a third or subsequent violation thereof all within eighteen months be liable for THE FULL AMOUNT OF THE ASSESSED TOLL AND OTHER CHARGES AND FEES IN ADDITION TO a monetary penalty not to exceed [one] THREE hundred [fifty] dollars or ten times the toll evaded whichever is greater. THE FULL AMOUNT OF THE ASSESSED TOLLS AND OTHER CHARGES AND FEES AND ONE-HALF OF SUCH MONETARY PENALTIES COLLECTED SHALL BE PAID TO THE PORT AUTHORITY; THE REMAINING HALF OF SUCH MONETARY PENALTIES COLLECTED SHALL BE RETAINED OR DISTRIB- UTED BY THE TRIBUNAL OR ENTITY ADJUDICATING THE VIOLATION IN ACCORDANCE WITH EXISTING LAW. S 25. This act shall take effect on the one hundred twentieth day after it shall have become a law, provided that: (a) the amendments to subparagraph (i) of paragraph a of subdivision 5-a of section 401 of the vehicle and traffic law made by section fifteen of this act shall not affect the expiration of such paragraph and shall be deemed to expire therewith, when upon such date the provisions of section fifteen-a of this act shall take effect; (b) the amendments to paragraph a of subdivision 5-a of section 401 of the vehicle and traffic law made by section fifteen-a of this act shall not affect the expiration of such paragraph and shall be deemed to expire therewith, when upon such date the provisions of section fifteen-b of this act shall take effect; (c) the amendments to paragraph a of subdivision 5-a of section 401 of the vehicle and traffic law made by section fifteen-b of this act shall not affect the expiration of such paragraph and shall be deemed to expire therewith, when upon such date the provisions of section fifteen-c of this act shall take effect; and (d) the amendments to paragraph a of subdivision 5-a of section 401 of the vehicle and traffic law made by section fifteen-c of this act shall not affect the expiration of such paragraph and shall be deemed to expire therewith, when upon such date the provisions of section fifteen-d of this act shall take effect. PART H Section 1. Section 9 of chapter 67 of the laws of 1992, amending the environmental conservation law relating to pesticide product registra- tion timetables and fees, as amended by section 1 of part S of chapter 60 of the laws of 2011, is amended to read as follows: S 9. This act shall take effect April 1, 1992 [provided, however, that section three of this act shall take effect July 1, 1993 and shall expire and be deemed repealed on July 1, 2014]. S 2. Section 33-0705 of the environmental conservation law, as amended by section 2 of part S of chapter 60 of the laws of 2011, is amended to read as follows: S 33-0705. Fee for registration. The applicant for registration shall pay a fee as follows: a. [On or before July 1, 2014, six] SIX hundred dollars for each pesticide proposed to be registered, provided that the applicant has submitted to the department proof in the form of a federal income tax return for the previous year showing gross annual sales, for federal income tax purposes, of three million five hundred thousand dollars or less; b. [On or before July 1, 2014, for] FOR all others, six hundred twenty dollars for each pesticide proposed to be registered[; S. 6357 33 A. 8557 c. After July 1, 2014, fifty dollars for each pesticide proposed to be registered]. S 3. Paragraph a of subdivision 1 and subdivision 2 of section 33-1201 of the environmental conservation law, as added by chapter 279 of the laws of 1996, are amended to read as follows: a. The department shall [develop] MAINTAIN a pesticide sales [and use computer] data base [in conjunction with Cornell University. The data base shall be maintained at the department]. 2. The commissioner shall prepare an annual [report summarizing] SUMMARY OF pesticide sales[, quantity of pesticides used, category of applicator and region of application. The commissioner shall not provide the name, address, or any other information which would otherwise iden- tify a commercial or private applicator, or any person who sells or offers for sale restricted use or general use pesticides to a private applicator, or any person who received the services of a commercial applicator. In accordance with article six of the public officers law, proprietary information contained within such record, including price charged per product, shall not be disclosed] BY COUNTY. The [report] ANNUAL SUMMARY shall be [submitted to the governor, the temporary presi- dent of the senate and the speaker of the assembly, and shall be made available to all interested parties. The first report shall be submitted on July first, nineteen hundred ninety-eight and] PUBLISHED ON THE DEPARTMENT'S PUBLIC WEBSITE on OR BEFORE July first [annually thereaft- er]. S 4. Subdivision 1 of section 33-1203 of the environmental conserva- tion law, as added by chapter 279 if the laws of 1996, is amended to read as follows: 1. [a.] The commissioner shall, upon written request of an interested party, in printed OR ELECTRONIC form [or on a diskette in computerized data base format], provide the information on pesticides submitted to the department pursuant to sections 33-1205 and 33-1207 of this title. Such information shall be provided by county or counties[, or five-digit zip code or codes as selected by the interested party making the written request. The commissioner shall not provide the name, address, or any other information which would otherwise identify a commercial or private applicator, or any person who sells or offers for sale restricted use or general use pesticides to a private applicator, or any person who received the services of a commercial applicator. In accordance with article six of the public officers law, proprietary information contained within such record, including price charged per product, shall not be disclosed. The provisions of this paragraph shall not apply to the provision of pesticide data to the commissioner of health, the health research science board and researchers pursuant to title one-B of article twenty-four of the public health law. b. The department shall, upon request from the department of health, compile pesticide application information by nine-digit zip code and provide the information to the commissioner of health for researchers entitled to receive information pursuant to paragraph (d) of subdivision one of section twenty-four hundred eleven of the public health law provided, however, if the nine-digit zip code cannot be determined, the information shall be compiled by town or city]. S 5. Section 33-1205 of the environmental conservation law, as added by chapter 279 of the laws of 1996 and the closing paragraph of para- graph a of subdivision 2 as amended by chapter 260 of the laws of 1997, is amended to read as follows: S 33-1205. Recordkeeping and reporting. S. 6357 34 A. 8557 1. All commercial applicators shall maintain pesticide use records for each pesticide application containing the following: a. EPA registration number; b. product name; c. quantity of each pesticide used; d. date applied; e. location of application by address (including five-digit zip code). Such records shall be maintained for a period of not less than three years. [All commercial applicators shall file, at least annually, a report or reports containing such information with the department on computer diskette or in printed form on or before February first for the prior calendar year.] All commercial applicators shall also maintain corresponding records of the dosage rates, methods AND PLACE of applica- tion and target organisms for each pesticide application. These records shall be CREATED IMMEDIATELY AFTER APPLICATION, maintained on an annual basis and retained for a period of not less than [three] FIVE years and shall be available for inspection upon request by the department. 2. a. Every person who sells or offers for sale restricted use pesti- cides to private applicators shall issue a record to the private appli- cator of each sale of a restricted use pesticide or a general use pesti- cide used in agricultural crop production to such applicator. Such record of each sale shall include the following: 1. EPA registration number; 2. product name of the pesticide purchased; 3. quantity of the pesticide purchased; 4. date purchased; 5. location of intended application by address (including five-digit zip code) or if address is unavailable by town or city (including five- digit zip code) if the location of intended application differs from the billing address that appears on the record. [Every person who sells or offers for sale restricted use pesticides to private applicators shall file, at least annually, a report or reports containing such information with the department on computer diskette or in printed form on or before February first for the prior calendar year. The department shall not use the reports filed pursuant to this paragraph for enforcement purposes.] b. All private applicators shall maintain, at a minimum, records of the restricted pesticides purchased, crop treated by such, method of application, and date of application or applications. This information shall be RECORDED IMMEDIATELY AFTER APPLICATION, maintained on an annual basis and retained for a minimum of three years, and shall be available for inspection upon request by the department. [c. A private applicator shall, upon request, within six months, provide site-specific information relating to pesticide applications to any researcher entitled to receive information pursuant to paragraph (d) of subdivision one of section twenty-four hundred eleven of the public health law, provided, however, such request shall not be granted during planting and harvesting unless at a time and in a manner that is mutual- ly convenient.] 3. A. EVERY PERSON WHO SELLS OR OFFERS FOR SALE PESTICIDES SHALL MAIN- TAIN RECORDS OF ALL RETAIL SALES OF SUCH PESTICIDES BY COUNTY. SUCH RECORDS SHALL INCLUDE THE FOLLOWING: 1. EPA REGISTRATION NUMBER; 2. PRODUCT NAME OF THE PESTICIDE SOLD; 3. TOTAL QUANTITY OF THE PESTICIDE SOLD DURING THE CALENDAR YEAR IN EACH COUNTY IN THE STATE. S. 6357 35 A. 8557 EVERY PERSON WHO SELLS OR OFFERS FOR SALE PESTICIDES SHALL FILE, AT LEAST ANNUALLY, A REPORT OR REPORTS CONTAINING SUCH INFORMATION WITH THE DEPARTMENT IN ELECTRONIC OR PRINTED FORM ON OR BEFORE FEBRUARY FIRST FOR THE PRIOR CALENDAR YEAR. B. THE REQUIREMENTS OF THIS SUBDIVISION ARE NOT APPLICABLE TO: MINIMUM RISK PESTICIDES; GENERAL USE ANTIMICROBIAL PESTICIDES, EXCEPT THOSE THAT ARE SUBJECT TO THE PESTICIDE APPLICATOR CERTIFICATION REQUIREMENTS IN REGULATIONS PROMULGATED BY THE DEPARTMENT; GENERAL USE PESTICIDE PRODUCTS APPLIED TO THE CLOTHING OR SKIN; OR GENERAL USE AEROSOL PRODUCTS WITH A DIRECTED SPRAY IN CONTAINERS OF EIGHTEEN FLUID OUNCES OR LESS, BUT NOT INCLUDING ANY FOGGER PRODUCT OR AEROSOL PRODUCT THAT DISCHARGES TO A WIDE AREA. S 6. Section 33-1207 of the environmental conservation law, as added by chapter 279 of the laws of 1996, is amended to read as follows: S 33-1207. Recordkeeping and reporting by importers and manufacturers. 1. Each person manufacturing or compounding a registered [restricted use] pesticide in this state, or importing or causing a registered [restricted use] pesticide to be imported into this state for use, distribution, or storage, shall maintain records of all sales within the state during the preceding year of each [restricted use] pesticide prod- uct which he or she has imported, manufactured or compounded. The record of each [restricted use] pesticide product shall include: a. EPA registration number; b. container size; and c. number of containers sold to New York purchasers. 2. Such records shall be maintained for a period of not less than three years. All manufacturers and importers shall file an annual report containing such information with the department [on computer diskette] IN ELECTRONIC or [in] printed form on or before February first for the prior calendar year. 3. THE REQUIREMENTS OF THIS SECTION ARE NOT APPLICABLE TO: MINIMUM RISK PESTICIDES; GENERAL USE ANTIMICROBIAL PESTICIDES, EXCEPT THOSE THAT ARE SUBJECT TO THE PESTICIDE APPLICATOR CERTIFICATION REQUIREMENTS IN REGULATIONS PROMULGATED BY THE DEPARTMENT; GENERAL USE PESTICIDE PRODUCTS APPLIED TO THE CLOTHING OR SKIN; OR GENERAL USE AEROSOL PRODUCTS WITH A DIRECTED SPRAY IN CONTAINERS OF EIGHTEEN FLUID OUNCES OR LESS, BUT NOT INCLUDING ANY FOGGER PRODUCT OR AEROSOL PRODUCT THAT DISCHARGES TO A WIDE AREA. S 7. This act shall take effect immediately and shall be deemed to have been in full force and effect on and after April 1, 2014. PART I Section 1. Subdivision 25 of section 11-0103 of the environmental conservation law, as amended by chapter 595 of the laws of 1984, is amended to read as follows: 25. "Hunting [accident"] RELATED INCIDENT" means the injury to or death of a person caused by the discharge of a firearm, CROSSBOW or longbow while the person causing such injury or death, or the person injured or killed, is taking or attempting to take game, wildlife or fish. S 2. Paragraphs 1 and 2 of subdivision 3 and subdivision 5 of section 11-0701 of the environmental conservation law, as amended by section 1-a of part R of chapter 58 of the laws of 2013, are amended to read as follows: S. 6357 36 A. 8557 (1) who is between the ages of twelve and sixteen years to hunt wild deer and bear with a longbow OR CROSSBOW during the special archery season and during the regular season, as provided in title 9 of this article, subject to the provisions of section 11-0929 and subdivision 3 of section 11-0713 of this article; (2) who is eighteen years of age or older to hunt wild deer and bear with a longbow OR CROSSBOW, as provided in title 9 of this article, in a special [longbow] ARCHERY season; and 5. A non-resident bear tag entitles a person who has not been a resi- dent of the state for more than thirty days who also possesses a hunting license to hunt bear during the regular open season therefor or in an open season fixed by regulation pursuant to subdivision eight of section 11-0903 of this article. It entitles a non-resident holder who also possesses a hunting license with bowhunting privilege to hunt bear with a longbow OR CROSSBOW during the open bear season. It entitles a non-re- sident holder who also possesses a hunting license with muzzle-loading privilege to hunt bear with a muzzleloader during the open bear season. S 3. Paragraph b of subdivision 6 of section 11-0703 of the environ- mental conservation law, as amended by section 2 of part R of chapter 58 of the laws of 2013, is amended to read as follows: b. Except as provided in section 11-0707 and section 11-0709 of this title, no person shall (1) hunt wild deer or bear unless such person holds and is entitled to exercise the privileges of a hunting license, and meets the requirements of this article; (2) hunt wild deer or bear with a longbow OR CROSSBOW in a special [longbow] ARCHERY season unless such person holds and is entitled to exercise the privileges of a hunt- ing license with a bowhunting privilege and meets the requirements of this article; or (3) hunt wild deer or bear with a muzzle-loading firearm in a special muzzle-loading firearm season unless such person is at least fourteen years old and holds a hunting license with a muzzle- loading privilege and meets the requirements of this article. S 4. Subparagraph 4 of paragraph b of subdivision 1 of section 11-0719 of the environmental conservation law, as amended by chapter 436 of the laws of 2000, is amended to read as follows: (4) is convicted of an offense involving a violation of subdivisions one and two of section 11-0901 of this article relating to taking of wildlife when the person taking is in or on a motor vehicle while such motor vehicle is on a public highway or an offense involving a violation of subdivision one of section 11-0901 of this article and subparagraph one of paragraph a of subdivision four of section 11-0931 of this arti- cle relating to taking wildlife when the person taking is in or on a motor vehicle and discharging a firearm, CROSSBOW or longbow in such a way that the load, BOLT or arrow passes over a public highway or a part thereof or signs an acknowledgment of any such violation for the purpose of affecting a settlement by civil compromise or by stipulation. S 5. Subdivisions 2 and 3 of section 11-0719 of the environmental conservation law, subdivision 2 as amended by section 27 and subdivision 3 as amended by section 28 of part R of chapter 58 of the laws of 2013, are amended to read as follows: 2. a. The department may revoke the licenses, tags, bowhunting privi- leges, or muzzle-loading privileges, which authorize the holder to hunt and/or trap wildlife, and may deny the privilege of obtaining such licenses, tags, bowhunting privileges, or muzzle-loading privileges, and may deny the privileges of hunting and/or trapping with or without a license. (1) of any person who, while engaged in hunting, FISHING or trapping, S. 6357 37 A. 8557 (i) causes death or injury to [another] ANY PERSON by discharging a firearm, CROSSBOW or longbow, or (ii) so negligently discharges a firearm, CROSSBOW or longbow as to endanger the life or safety of another, or (iii) so negligently and wantonly discharges a firearm, CROSSBOW or longbow as to destroy or damage public or private property; or (2) of any agent of the department authorized to issue certificates of qualification in responsible hunting, bowhunting, or trapping practices who improperly issues any such certification to a person whom he OR SHE has not trained, or whom he OR SHE knows has not satisfactorily completed all of the requirements necessary for such certification. b. Action by the department resulting in the revocation of such license or denial of the privilege to hunt and trap as provided in this subdivision shall be only after a hearing held by the department upon notice to the offender, at which proof of facts indicating the violation is established to the satisfaction of the commissioner or of the hearing officer designated by him OR HER and concurred in by the commissioner. Provided that where a person, while hunting, causes death or injury to any person by discharge of a firearm, CROSSBOW or longbow, the commis- sioner may, in his OR HER discretion, suspend such person's license or licenses to hunt and suspend such person's right to hunt without a license for a period of up to sixty days pending a hearing as provided for in this subdivision. c. In case such discharge of a firearm, CROSSBOW or longbow causes death or injury to [another] ANY PERSON, the license or licenses, bowhunting privilege, and muzzle-loading privilege shall be revoked and the ability to obtain any such license and of hunting or of trapping anywhere in the state with or without a license denied, for a period not exceeding ten years, except that no revocation shall be made in cases in which facts established at the hearing indicate to the satisfaction of the commissioner that there was no negligence on the part of the shooter or [bowman] BOWHUNTER. In all other cases the license or licenses, bowhunting privilege, or muzzle-loading privilege, shall be revoked and the privilege of obtaining such license, bowhunting privilege, or muzzle-loading privilege, and of hunting or of trapping anywhere in the state with or without a license denied for a period not exceeding five years. The department may also require that the person causing such death [or], injury, ENDANGERMENT OR PROPERTY DAMAGE successfully complete a department-sponsored course and obtain a certificate of qual- ification in responsible hunting or bowhunting practices before being issued another hunting license. d. Every person injuring himself, herself or another person in a hunt- ing [accident, as such term is defined in subdivision 25 of section 11-0103 of this article] RELATED INCIDENT, and the investigating law enforcement officer summoned to or arriving at the scene of such [acci- dent] INCIDENT shall within ten days from the occurrence of such [acci- dent] INCIDENT file a report of the [accident] INCIDENT in writing with the department. Every such person or law enforcement officer shall make such other and additional reports as the department shall require. Failure to report such [accident] INCIDENT as herein provided by the person causing injury or to furnish relevant information required by the department shall be a violation and shall constitute grounds for suspen- sion or revocation of such person's hunting licenses and bowhunting and muzzle-loading privileges and denial of the ability to obtain any such license and of hunting with or without a license following a hearing or opportunity to be heard. In addition, the department may temporarily S. 6357 38 A. 8557 suspend the license of the person failing to report a hunting [accident] RELATED INCIDENT within the period prescribed herein until such report has been filed. In the case of a non-resident, the failure to report an [accident] INCIDENT as herein provided shall constitute grounds for suspension or revocation of his or her privileges of hunting within this state. The report required by this section shall be made in such form and number as the department may prescribe. 3. A hunting license issued to a person who is at least twelve and less than sixteen years of age or a hunting license with bowhunting privilege issued to a person who is between the ages of twelve and sixteen years may be revoked by the department upon proof satisfactory to the department that such person, while under the age of sixteen, has engaged in hunting wildlife with a gun, CROSSBOW or longbow, in circum- stances in which a license and/or bowhunting or muzzle-loading privilege is required, while not accompanied by his or her parent, guardian or other adult as provided in section 11-0929 of this article. ADDI- TIONALLY, THE DEPARTMENT MAY REVOKE THE HUNTING AND/OR BOWHUNTING OR MUZZLE-LOADING PRIVILEGE OF ANY PARENT, GUARDIAN, YOUTH MENTOR OR OTHER ADULT UPON PROOF SATISFACTORY TO THE DEPARTMENT THAT SUCH PERSON ALLOWED THE HOLDER OF A HUNTING LICENSE, BOWHUNTING PRIVILEGE OR MUZZLE-LOADING PRIVILEGE TO HUNT WILDLIFE WITH A GUN, CROSSBOW OR LONGBOW IN VIOLATION OF SECTION 11-0929 OF THIS ARTICLE. If such license or privilege is revoked the department shall fix the period of such revocation, which is not to exceed six years. The department may require that such person successfully complete a department sponsored course and obtain a certif- icate of qualification in responsible hunting or responsible bowhunting practices before being issued another hunting or bowhunting license. S 6. Paragraphs b and g of subdivision 3, subparagraphs 5, 6 and 8 of paragraph b, subparagraphs 5, 6 and 8 of paragraph c, and subparagraph 1 of paragraph d of subdivision 4 of section 11-0901 of the environmental conservation law, paragraph b of subdivision 3 as amended by chapter 911 of the laws of 1990, paragraph g of subdivision 3 as amended by chapter 34 of the laws of 1979, subparagraph 5 of paragraph b and subparagraph 5 of paragraph c of subdivision 4 as amended by chapter 430 of the laws of 2000 and subparagraphs 6 and 8 of paragraph b, subparagraphs 6 and 8 of paragraph c and subparagraph 1 of paragraph d of subdivision 4 as amended by chapter 600 of the laws of 1993, are amended to read as follows: b. Wild deer and bear shall not be taken except by gun, CROSSBOW or by long bow. Where an open season, set forth in the table of open seasons in section 11-0907 OF THIS TITLE or otherwise established by law or fixed by regulation, is specified as an open season for taking such game by shotgun or long bow only, or is specified as an open season for taking such game by long bow only, they shall not be taken except as so specified. g. Wildlife shall not be taken [by the use of a cross-bow, by a long bow drawn, pulled, released, or held in a drawn position by any mechan- ical device attached to a portion of the bow other than the bowstring, or] by the use of a device commonly called a spear gun. (5) with a [bow other than a] long bow with a draw weight [in excess] of LESS THAN thirty-five pounds; or (6) with an arrow OR BOLT with an arrowhead that measures less than seven-eighths of an inch at its widest point or that has fewer than two sharp cutting edges; or (8) with an arrow OR BOLT with a barbed broadhead arrowhead. S. 6357 39 A. 8557 (5) with a [bow other than a] long bow with a draw weight [in excess] of LESS THAN thirty-five pounds; or (6) with an arrow OR BOLT with an arrowhead that measures less than seven-eighths of an inch at its widest point or that has fewer than two sharp cutting edges; or (8) with an arrow OR BOLT with a barbed broadhead arrowhead. (1) such long bow OR CROSSBOW is unstrung, or such a firearm is taken down, or securely fastened in a case, or locked in the trunk of a vehi- cle, or S 7. Subdivisions 11 and 16 of section 11-0901 of the environmental conservation law are REPEALED. S 8. Section 11-0903 of the environmental conservation law is amended by adding a new subdivision 12 to read as follows: 12. NOTWITHSTANDING ANY INCONSISTENT PROVISION OF THIS ARTICLE, THE DEPARTMENT IS AUTHORIZED TO ADOPT REGULATIONS WHICH AUTHORIZE THE TAKING OF WILDLIFE BY THE USE OF A CROSSBOW. A SUMMARY OF REGULATIONS ADOPTED PURSUANT TO THIS SUBDIVISION SHALL BE PUBLISHED EACH YEAR IN THE HUNTING SYLLABUS ISSUED PURSUANT TO SECTION 11-0323 OF THIS ARTICLE. S 9. Subdivisions 2 and 4 of section 11-0931 of the environmental conservation law, subdivision 2 as amended by section 7 of part H of chapter 58 of the laws of 2012, subparagraph 3 of paragraph a of subdi- vision 4 as added by chapter 400 of the laws of 1973 and subparagraph 4 of paragraph a of subdivision 4 as added by chapter 67 of the laws of 1976, are amended to read as follows: 2. No CROSSBOW OR firearm except a pistol or revolver shall be carried or possessed in or on a motor vehicle unless it is UNCOCKED, FOR A CROSSBOW OR unloaded, FOR A FIREARM in both the chamber and the maga- zine, except that a loaded firearm which may be legally used for taking migratory game birds may be carried or possessed in a motorboat while being legally used in hunting migratory game birds, and no person except a law enforcement officer in the performance of his official duties shall, while in or on a motor vehicle, use a jacklight, spotlight or other artificial light upon lands inhabited by deer if he is in possession or is accompanied by a person who is in possession, at the time of such use, of a longbow, crossbow or a firearm of any kind except a pistol or revolver, unless such longbow OR CROSSBOW is unstrung or such firearm OR CROSSBOW is taken down or securely fastened in a case or locked in the trunk of the vehicle. For purposes of this subdivision, motor vehicle shall mean every vehicle or other device operated by any power other than muscle power, and which shall include but not be limit- ed to automobiles, trucks, motorcycles, tractors, trailers and motor- boats, snowmobiles and snowtravelers, whether operated on or off public highways. Notwithstanding the provisions of this subdivision, the department may issue a permit to any person who is non-ambulatory, except with the use of a mechanized aid, to possess a loaded firearm in or on a motor vehicle as defined in this section, subject to such restrictions as the department may deem necessary in the interest of public safety. Nothing in this section permits the possession of a pistol or a revolver contrary to the penal law. 4. a. No person shall: (1) discharge a firearm, CROSSBOW or long bow in such a way as will result in the load, BOLT or arrow thereof passing over a public highway or any part thereof; (2) discharge a firearm [or long bow] within five hundred feet OR A CROSSBOW OR LONG BOW WITHIN ONE HUNDRED FIFTY FEET from a dwelling house, farm building or farm structure actually occupied or used, school S. 6357 40 A. 8557 building, school playground, or occupied PUBLIC STRUCTURE, factory or church; (3) use a firearm, CROSSBOW or a long bow for the hunting of migratory game birds in Larchmont Harbor, specifically those portions bounded by the following points of land: BEGINNING AT A POINT KNOWN AS UMBRELLA POINT ON THE EAST SHORE OF LARCHMONT HARBOR THEN PROCEEDING IN A NORTHERLY DIRECTION TO CEDAR ISLAND; THENCE NORTHWESTERLY TO MONROE INLET; THENCE NORTHEASTERLY TO DELANCY COVE BEING IN THE TOWN OF MAMARONECK; THENCE IN A SOUTHWESTERLY DIRECTION FROM DELANCY COVE TO GREACEN POINT; THENCE RUNNING THE AREA BETWEEN DELANCY COVE AND THE WEST SHORE OF SATANS TOE NORTHEAST; THENCE SOUTHEAST THEN ALONG THE WEST SHORE OF SATANS TOE SOUTHWEST AND THEN SOUTH TO THE SOUTHERLY POINT OF SATANS TOE TO EDGEWATER POINT. (4) Use of a firearm, CROSSBOW or a long bow for the hunting of migra- tory game birds in Udall's Cove, specifically those portions of Little Neck Bay within Nassau and Queens counties lying east of a line running north from the foot of Douglaston Parkway to the shore opposite. b. The prohibitions contained in subparagraph 2 of paragraph a above shall not apply to: (1) The owner or lessee of the dwelling house, or members of his imme- diate family actually residing therein, or a person in his employ, or the guest of the owner or lessee of the dwelling house acting with the consent of said owner or lessee, provided however, that nothing herein shall be deemed to authorize such persons to discharge a firearm [or longbow] within five hundred feet OR A CROSSBOW OR LONG BOW WITHIN ONE HUNDRED FIFTY FEET of any other dwelling house, or a farm building or farm structure actually occupied or used, or a school building or play- ground or occupied PUBLIC STRUCTURE, factory or church; (2) Programs conducted by THE DEPARTMENT, public OR PRIVATE ELEMENTARY OR SECONDARY schools offering instruction and training in the use of firearms, CROSSBOW or long bow; (3) The authorized use of a pistol, rifle or target range regularly operated and maintained by a police department or other law enforcement agency or by any duly organized membership corporation; (4) The discharge of a shotgun over water by a person hunting migrato- ry game birds if no dwelling house, FARM BUILDING OR FARM STRUCTURE ACTUALLY OCCUPIED OR USED, SCHOOL BUILDING, SCHOOL PLAYGROUND, or OCCU- PIED public structure, FACTORY OR CHURCH, livestock or person is situ- ated in the line of discharge less than five hundred feet from the point of discharge. S 10. Paragraph c of subdivision 5 of section 11-0931 of the environ- mental conservation law, as amended by chapter 309 of the laws of 2006, is amended to read as follows: c. In the Northern Zone no person, while engaged in hunting with the aid of a dog or while afield accompanied by a dog, shall possess a rifle larger than .22 caliber using rim-fire ammunition or possess a shotgun loaded with a slug, ball or buckshot, OR POSSESS A CROSSBOW; but this paragraph does not apply to persons, engaged in coyote hunts with dogs during any open season on coyotes established pursuant to the provisions of section 11-0903 OF THIS TITLE. S 11. Paragraph 4 of subdivision a of section 265.20 of the penal law, as amended by chapter 1041 of the laws of 1974, is amended to read as follows: 4. Possession of a rifle, shotgun, CROSSBOW or longbow for use while hunting, trapping or fishing, by a person, not a citizen of the United S. 6357 41 A. 8557 States, carrying a valid license issued pursuant to section 11-0713 of the environmental conservation law. S 12. Paragraph a of subdivision 1 of section 9-103 of the general obligations law, as separately amended by chapters 141 and 286 of the laws of 1984, is amended to read as follows: a. an owner, lessee or occupant of premises, whether or not posted as provided in section 11-2111 of the environmental conservation law, owes no duty: (1) to keep the premises safe for entry, PASSAGE OVER PREMISES or use by others for hunting, fishing, organized gleaning as defined in section seventy-one-y of the agriculture and markets law, canoeing, boating, SWIMMING, trapping, hiking, cross-country skiing, tobogganing, sledding, speleological activities, horseback riding, bicycle riding, hang gliding, motorized vehicle operation for recreational purposes, snowmobile operation, cutting or gathering of wood for non-commercial purposes [or], training of dogs, AND ANY OTHER RECREATIONAL USE; or (2) to give warning of any hazardous condition or use of or structure or activity on such premises to persons entering for such purposes; S 13. Subdivision 3 of section 9-103 of the general obligations law is renumbered subdivision 4 and a new subdivision 3 is added to read as follows: 3. FOR THE PURPOSES OF THIS SECTION THE TERM "OCCUPANT" SHALL INCLUDE, BUT NOT BE LIMITED TO, THOSE ORGANIZATIONS, ENTITIES, OR PERSONS WHO INDIVIDUALLY OR COLLECTIVELY DEVELOP AND/OR MAINTAIN TRAILS AND OTHER RECREATIONAL FACILITIES FOR NON-COMMERCIAL USE BY THE PUBLIC. S 14. Section 11-0323 of the environmental conservation law is amended by adding a new subdivision 3 to read as follows: 3. NOTWITHSTANDING SUBDIVISION TWO OF SECTION THREE OF THE NEW YORK STATE PRINTING AND PUBLIC DOCUMENTS LAW, THE DEPARTMENT MAY ENTER INTO CONTRACTS WITH ANY RESPONSIVE AND RESPONSIBLE BIDDER TO PROVIDE THE PRINTING SERVICES REQUIRED WITH OR WITHOUT THE USE OF A SUBCONTRACTOR FOR THE PRODUCTION OF THE HUNTING AND FISHING PAMPHLETS AND SYLLABUS SET FORTH IN SUBDIVISIONS ONE AND TWO OF THIS SECTION OR ANY OTHER PUBLICA- TIONS THAT MAY BE ISSUED IN SUPPORT OF THE FISH AND WILDLIFE LAW. S 15. Section 404-s of the vehicle and traffic law, as added by chap- ter 304 of the laws of 2001, is amended by adding three new subdivisions 3, 4 and 5 to read as follows: 3. A DISTINCTIVE PLATE ISSUED PURSUANT TO THIS SECTION TO A PERSON WHO PURCHASES A LIFETIME LICENSE PURSUANT TO SECTION 11-0702 OF THE ENVIRON- MENTAL CONSERVATION LAW OR A LIFETIME VEHICLE ACCESS PASS, ALSO KNOWN AS A LIFETIME EMPIRE PASSPORT, PURSUANT TO ARTICLE THIRTEEN OF THE PARKS, RECREATION AND HISTORIC PRESERVATION LAW BETWEEN JANUARY FIRST, TWO THOUSAND FOURTEEN AND DECEMBER THIRTY-FIRST, TWO THOUSAND FOURTEEN SHALL BE ISSUED IN THE SAME MANNER AS OTHER NUMBER PLATES, HOWEVER, SUCH LIFE- TIME LICENSE HOLDER SHALL BE EXEMPT FROM THE PAYMENT OF FEES OTHERWISE REQUIRED TO BE PAID PURSUANT TO PARAGRAPHS A AND B OF SUBDIVISION THREE OF SECTION FOUR HUNDRED ONE OF THIS ARTICLE AND THE ANNUAL SERVICE CHARGE REQUIRED BY SUBDIVISION TWO OF THIS SECTION FOR THE INITIAL ISSU- ANCE OF SUCH LICENSE PLATE AND FOR THE NEXT ENSUING REGISTRATION RENEWAL. 4. A PERSON WHO POSSESSES A LIFETIME LICENSE PURSUANT TO SECTION 11-0702 OF THE ENVIRONMENTAL CONSERVATION LAW OR A LIFETIME VEHICLE ACCESS PASS, ALSO KNOWN AS A LIFETIME EMPIRE PASSPORT, OR A THREE OR FIVE YEAR VEHICLE ACCESS PASS PURSUANT TO ARTICLE THIRTEEN OF THE PARKS, RECREATION AND HISTORIC PRESERVATION LAW SHALL, ON REQUEST BETWEEN APRIL FIRST, TWO THOUSAND FOURTEEN AND MARCH THIRTY-FIRST, TWO THOUSAND FIFTEEN, BE ISSUED A DISTINCTIVE PLATE PURSUANT TO THIS SECTION IN THE S. 6357 42 A. 8557 SAME MANNER AS OTHER NUMBER PLATES UPON PAYMENT OF A TWENTY-FIVE DOLLAR REGISTRATION FEE PRESCRIBED BY SECTION FOUR HUNDRED ONE OF THIS CHAPTER FOR THE INITIAL LICENSE PLATE AND SHALL BE EXEMPT FROM THE PAYMENT OF FEES OTHERWISE REQUIRED TO BE PAID PURSUANT TO PARAGRAPH B OF SUBDIVI- SION THREE OF SECTION FOUR HUNDRED ONE OF THIS ARTICLE AND THE ANNUAL SERVICE CHARGE REQUIRED BY SUBDIVISION TWO OF THIS SECTION FOR THE INITIAL ISSUANCE OF SUCH LICENSE PLATE AND FOR THE NEXT ENSUING REGIS- TRATION RENEWAL. 5. ANY NEW YORK RESIDENT WHO POSSESSES A HUNTING, FISHING OR TRAPPING LICENSE ISSUED PURSUANT TO TITLE SEVEN OF ARTICLE ELEVEN OF THE ENVIRON- MENTAL CONSERVATION LAW OR AN ANNUAL VEHICLE ACCESS PASS, ALSO KNOWN AS AN EMPIRE PASSPORT, PURSUANT TO ARTICLE THIRTEEN OF THE PARKS, RECRE- ATION AND HISTORIC PRESERVATION LAW MAY PURCHASE THE LICENSE PLATE AVAILABLE TO A PERSON WHO PURCHASES A LIFETIME LICENSE OR PASSPORT UPON PAYMENT OF THE REGULAR REGISTRATION FEE PRESCRIBED BY SECTION FOUR HUNDRED ONE OF THIS CHAPTER. S 16. Section 11-0715 of the environmental conservation law is amended by adding a new subdivision 7 to read as follows: 7. NOTWITHSTANDING THE PROVISIONS OF SUBDIVISION THREE OF THIS SECTION, THE COMMISSIONER MAY OFFER FOR SALE LICENSES, PRIVILEGES AND PERMITS LISTED IN THIS SECTION AT A REDUCED PRICE UP TO TEN DAYS PER YEAR TO ENCOURAGE RESIDENT AND OUT-OF-STATE HUNTERS, TRAPPERS AND ANGLERS TO UTILIZE NEW YORK'S HUNTING, TRAPPING AND FISHING OPPORTU- NITIES. THESE DAYS SHALL BE DESIGNATED IN A MANNER DETERMINED BY THE DEPARTMENT TO BEST PROVIDE PUBLIC NOTICE THEREOF AND TO MAXIMIZE PUBLIC PARTICIPATION THEREIN. S 17. Subdivision 14 of section 11-0305 of the environmental conserva- tion law, as amended by chapter 292 of the laws of 1996 and as renum- bered by section 2 of part F of chapter 82 of the laws of 2002, is amended to read as follows: 14. Notwithstanding any inconsistent provision of law, the commission- er may designate no more than [two] EIGHT days in each year that shall be effective in every administrative region of the department, as free sport fishing days during which any person may, without having a sport fishing license and without the payment of any fee, exercise the privi- leges of a holder of a sport fishing license, subject to all of the limitations, restrictions, conditions, laws, rules and regulations applicable to the holder of a sport fishing license. Free sport fishing days shall be designated in a manner determined by the department to best provide public notice thereof and to maximize public participation therein, so as to promote the recreational opportunities afforded by sport fishing. S 18. Subdivision 5 of section 11-0703 of the environmental conserva- tion law is amended by adding a new paragraph e to read as follows: E. ANY THREE OR FIVE-YEAR LICENSE ISSUED PURSUANT TO PARAGRAPH A OR B OF SUBDIVISION THREE OF SECTION 11-0715 SHALL BE EFFECTIVE FOR THE NUMBER OF LICENSE YEARS INDICATED THEREON BEGINNING ON SEPTEMBER FIRST AND ENDING AUGUST THIRTY-FIRST; PROVIDED, HOWEVER, THAT A FISHING LICENSE SHALL REMAIN EFFECTIVE FOR EITHER THREE OR FIVE YEARS FROM THE DATE ON WHICH IT WAS ISSUED. S 19. Paragraphs a and b of subdivision 3 of section 11-0715 of the environmental conservation law, as amended by chapter 276 of the laws of 2013, are amended to read as follows: a. In the case of persons who meet the criteria set forth in paragraph c of subdivision four of section 11-0703 of this title: License Fee S. 6357 43 A. 8557 (1) (a) Hunting $22.00 (A-1) THREE-YEAR HUNTING $60.00 (A-2) FIVE-YEAR HUNTING $100.00 (b) Hunting ages fifteen and under $5.00 (2) (A) Fishing $25.00 (B) THREE-YEAR FISHING $70.00 (C) FIVE-YEAR FISHING $115.00 (3)(a) Trapping $20.00 (A-1) THREE-YEAR TRAPPING $55.00 (A-2) FIVE-YEAR TRAPPING $95.00 (b) Trapping ages fifteen and under $5.00 (4) (A) Muzzle-loading privilege $15.00 (B) THREE-YEAR MUZZLE-LOADING $40.00 (C) FIVE-YEAR MUZZLE-LOADING $65.00 (5)(a) Bowhunting privilege $15.00 (A-1) THREE-YEAR BOWHUNTING PRIVILEGE $40.00 (A-2) FIVE-YEAR BOWHUNTING PRIVILEGE $65.00 (b) Bowhunting privilege ages fifteen and under $4.00 (6) (A) Turkey permit $10.00 (B) THREE-YEAR TURKEY PERMIT $25.00 (C) FIVE-YEAR TURKEY PERMIT $40.00 (7) Seven-day fishing [$13.00] $12.00 (8) One-day fishing $ 5.00 A THREE OR FIVE-YEAR BOWHUNTING OR MUZZLE-LOADING PRIVILEGE OR TURKEY PERMIT MAY ONLY BE SOLD TO A PERSON WHO EITHER HAS PURCHASED A HUNTING LICENSE FOR THE SAME TERM OR POSSESSES A LIFETIME HUNTING LICENSE. b. In the case of a non-resident and persons resident in the state for less than thirty days: License Fee (1) (a) Hunting $100.00 (A-1) THREE-YEAR HUNTING $290.00 (A-2) FIVE-YEAR HUNTING $480.00 (b) Hunting ages fifteen and under $5.00 (2) (A) Fishing $50.00 (B) THREE-YEAR FISHING $140.00 (C) FIVE-YEAR FISHING $230.00 (3) Seven-day fishing [$31.00] $28.00 (4)(a) Trapping $275.00 (A-1) THREE-YEAR TRAPPING $825.00 (A-2) FIVE-YEAR TRAPPING $1,375.00 (b) Trapping ages fifteen and under $5.00 (5)(a) Bowhunting privilege $30.00 (A-1) THREE-YEAR BOWHUNTING PRIVILEGE $80.00 (A-2) FIVE-YEAR BOWHUNTING PRIVILEGE $130.00 (b) Bowhunting privilege ages fifteen and under $4.00 (6) (A) Muzzle-loading $30.00 (B) THREE-YEAR MUZZLE-LOADING $80.00 (C) FIVE-YEAR MUZZLE-LOADING $130.00 (7) (A) Turkey permit $20.00 (B) THREE-YEAR TURKEY PERMIT $55.00 (C) FIVE-YEAR TURKEY PERMIT $90.00 (8) One-day fishing $10.00 S. 6357 44 A. 8557 A THREE OR FIVE-YEAR BOWHUNTING OR MUZZLE-LOADING PRIVILEGE OR TURKEY PERMIT MAY ONLY BE SOLD TO A PERSON WHO EITHER HAS PURCHASED A HUNTING LICENSE FOR THE SAME TERM OR POSSESSES A LIFETIME HUNTING LICENSE. S 20. This act shall take effect April 1, 2014. PART J Section 1. Subdivisions 6, 7 and 8 of section 251-z-5 of the agricul- ture and markets law, subdivisions 6 and 7 as added by chapter 863 of the laws of 1972 and subdivision 8 as added by chapter 665 of the laws of 2005, are amended and a new subdivision 9 is added to read as follows: (6) The applicant or licensee, or an officer, director, partner, hold- er of ten per cent of the voting stock, or any other person exercising any position of management or control has failed to comply with any of the provisions of this chapter or rules and regulations promulgated pursuant thereto; [or] (7) Any person including the applicant or licensee, or an officer, director, partner or any stockholder, exercising any position of manage- ment or control has been convicted of a felony in any court of the United States or any state or territory[.]; (8) A retail food store licensed under this article fails to comply with the education requirements set forth in section two hundred fifty- one-z-twelve of this article[.]; OR (9) THE APPLICANT OR LICENSEE HAS FAILED TO PAY ANY PENALTY IMPOSED FOR OR JUDGMENT BASED UPON A VIOLATION OF THE PROVISIONS OF THIS ARTICLE OR RULES AND REGULATIONS PROMULGATED PURSUANT THERETO, WHICH OUTSTANDING PENALTY OR PENALTIES AND/OR JUDGMENT OR JUDGMENTS EQUAL OR EXCEED TWO THOUSAND FOUR HUNDRED DOLLARS. NOTWITHSTANDING, AND IN ADDITION TO THE POWERS CONFERRED IN THIS SECTION, WHEN THE COMMISSIONER FINDS THAT AN APPLICANT OR LICENSEE HAS FAILED TO PAY ANY PENALTY IMPOSED OR JUDGMENT OBTAINED, WHICH OUTSTANDING PENALTY OR PENALTIES AND/OR JUDGMENT OR JUDGMENTS EQUAL OR EXCEED TWO THOUSAND FOUR HUNDRED DOLLARS, THE COMMIS- SIONER MAY DECLINE TO ISSUE OR RENEW A LICENSE, AND, IN LIEU THEREOF, SHALL GRANT A PROVISIONAL LICENSE. (A) A PROVISIONAL LICENSE SHALL EXPIRE SIXTY DAYS FOLLOWING ITS ISSU- ANCE, UNLESS: (I) PRIOR TO ITS EXPIRATION, THE APPLICANT OR LICENSEE PAYS OR ENTERS INTO AN AGREEMENT WITH THE DEPARTMENT TO PAY ALL SAID AMOUNTS DUE, AT WHICH POINT THE PROVISIONAL LICENSE SHALL CONVERT TO A TWO-YEAR LICENSE, COMMENCING AS OF THE DATE OF ISSUANCE OF THE PROVI- SIONAL LICENSE; OR (II) WITHIN THIRTY DAYS OF ITS ISSUANCE, THE APPLI- CANT OR LICENSEE REQUESTS A HEARING, PURSUANT TO RULES AND REGULATIONS THAT THE DEPARTMENT SHALL PROMULGATE. (B) WHERE A HEARING IS REQUESTED, THE PROVISIONAL LICENSE SHALL CONTINUE IN FORCE UNTIL THE DETERMINATION OF SAID HEARING. SHOULD THE APPLICANT PREVAIL, THE PROVISIONAL LICENSE SHALL CONVERT INTO A TWO-YEAR LICENSE, RUNNING FROM THE DATE OF THE ISSUANCE OF THE PROVISIONAL LICENSE. SHOULD THE DEPARTMENT PREVAIL, THE PROVISIONAL LICENSE SHALL TERMINATE AND NO LICENSE SHALL ISSUE. S 2. This act shall take effect immediately. PART K Section 1. Expenditures of moneys appropriated in a chapter of the laws of 2014 to the energy research and development authority, under the research, development and demonstration program, from the special reven- S. 6357 45 A. 8557 ue funds - other/state operations, miscellaneous special revenue fund - 339, energy research and planning account, and special revenue funds - other/aid to localities, miscellaneous special revenue fund - 339, ener- gy research and planning account shall be subject to the provisions of this section. Notwithstanding the provisions of subdivision 4-a of section 18-a of the public service law, all moneys committed or expended shall be reimbursed by assessment against gas corporations and electric corporations as defined in section 2 of the public service law, and the total amount which may be charged to any gas corporation and any elec- tric corporation shall not exceed one cent per one thousand cubic feet of gas sold and .010 cent per kilowatt-hour of electricity sold by such corporations in their intrastate utility operations in calendar year 2012. Such amounts shall be excluded from the general assessment provisions of subdivision 2 of section 18-a of the public service law, but shall be billed and paid in the manner set forth in such subdivision and upon receipt shall be paid to the state comptroller for deposit in the state treasury for credit to the miscellaneous special revenue fund. The director of the budget shall not issue a certificate of approval with respect to the commitment and expenditure of moneys hereby appro- priated until the chair of such authority shall have submitted, and the director of the budget shall have approved, a comprehensive financial plan encompassing all moneys available to and all anticipated commit- ments and expenditures by such authority from any source for the oper- ations of such authority. Copies of the approved comprehensive financial plan shall be immediately submitted by the director of the budget to the chairs and secretaries of the legislative fiscal committees. S 2. This act shall take effect immediately and shall be deemed to have been in full force and effect on and after April 1, 2014. PART L Section 1. Notwithstanding any law to the contrary, the comptroller is hereby authorized and directed to receive for deposit to the credit of the general fund the amount of up to $913,000 from the New York state energy research and development authority. S 2. This act shall take effect immediately and shall be deemed to have been in full force and effect on and after April 1, 2014. PART M Section 1. Legislative findings. The legislature hereby finds and determines: 1. In 2011 and 2012, three storms of enormous magnitude - Hurricane Irene, Tropical Storm Lee and Superstorm Sandy - each battered New York, causing billions of dollars of damage to roads, buildings and other infrastructure. The three storms collectively resulted in millions of residential, business and industrial customers of electric utilities losing electricity for extended periods of time. 2. Each of these storms caused, among other things, a disruption in the distribution and supply of motor fuels, and in the case of Super- storm Sandy, downstate motorists were unable to obtain routine supplies of fuel for several weeks. 3. In addition, temporary fuel distribution disruptions associated with the aftermath of a storm can result in emergency vehicles and responders unable to adequately address ongoing public safety and health emergencies, delay an appropriate response to infrastructure damages S. 6357 46 A. 8557 caused by a storm, and otherwise disrupt commerce in the state due to difficulty to obtain readily available motor fuels. 4. On November 15, 2012, in response to Superstorm Sandy, Governor Andrew M. Cuomo announced the creation of the NYS Ready Commission and tasked it with finding ways to ensure critical systems and services are prepared for future natural disasters and other emergencies. As related to this act, the Commission was tasked with addressing vulnerabilities in the state's energy systems. 5. The NYS Ready Commission recommended, among other things, to require that retail gasoline outlets located in strategic locations have on-site back-up power capacity to ensure that such outlets can continue fuel sales operations during a long-term electric outage. The purpose of this act is to ensure that the state is better situated in the future to address the temporary disruption of retail fuel supplies. S 2. Section 192-h of the agriculture and markets law, as added by section 2 of part S of chapter 58 of the laws of 2013, is amended to read as follows: S 192-h. Alternate generated power source at retail gasoline outlets. 1. Definitions. When used in this section: (a) "Alternate generated power source" means electric generating equipment that is of a capacity that is capable of providing adequate electricity to operate all dispensers, dispensing equipment, life safety systems and payment-acceptance equipment located at a retail outlet and which can operate independent of the local electric utility distribution system and provide electricity during a general power outage or declared energy or fuel supply emergency to operate the systems named herein. (b) "Chain of retail outlets" means a network of subsidiaries or affiliates, under direct or indirect common control, that operate ten or more retail outlets located in a single downstate region; provided, however that this term does not include any franchisor of the brand of motor fuel being sold at such outlet, except if such franchisor owns such outlet. (c) "Controlled access highway" means every highway, street, or road- way in respect to which owners or occupants of abutting lands and other persons have no legal right of access to or from the same except at such points only and in such manner as may be determined by the public authority having jurisdiction over such highway, street, or roadway. (d) "Diesel motor fuel" means any fuel sold in this state and for use in diesel engines which is commercially known or offered for sale as diesel motor fuel. (e) "Dispenser" means a device located at a retail outlet that is used to pump motor fuel from an above-ground or underground storage tank into a motor vehicle. (f) "Downstate region" means each of the following regions of the state: (i) Long Island region: Includes Nassau and Suffolk counties. (ii) Lower Mid-Hudson region: Includes Rockland and Westchester coun- ties. (iii) New York city region: Includes Bronx, Kings, New York, Queens and Richmond counties. (g) "Evacuation route" means those roads designated by each county, AND RECOGNIZED BY THE STATE, that are to be used by motorists in case of a hurricane or other natural disaster. (h) "Franchisor" means a person or company that grants a franchise to a franchisee. S. 6357 47 A. 8557 (i) "Gasoline" means any fuel sold in this state for use in internal combustion engines which is commercially known or offered for sale as gasoline, whether or not blended with ethanol or other chemicals. (j) "Motor fuel" means any petroleum product, including any gasoline or diesel motor fuel, which is used for the propulsion of motor vehi- cles. (k) "Retailer" means any person who owns, operates, or controls a retail outlet that is subject to the requirements of subdivision two of this section. (l) "Retail outlet" means a facility, including all land, improvements and associated structures and equipment, that dispenses motor fuel for sale to the general public. (M) "STRATEGIC UPSTATE HIGHWAYS" MEANS THE FOLLOWING: (I) I-87 BEGINNING AT THE ROCKLAND-ORANGE COUNTY LINE THENCE NORTHERLY PASSING THROUGH OR IN THE VICINITY OF ALBANY TO THE INTERSECTION WITH I-90, THE FOREGOING ROUTE BEING A PORTION OF THE NEW YORK STATE THRUWAY; THENCE CONTINUING NORTHERLY TO THE NEW YORK-CANADA BORDER; (II) I-90 BEGINNING AT I-87 IN THE VICINITY OF ALBANY THENCE WESTERLY PASSING THROUGH OR IN THE VICINITY OF SCHENECTADY, UTICA, SYRACUSE, ROCHESTER, AND BUFFALO; THENCE CONTINUING SOUTHWESTERLY TO THE NEW YORK-PENNSYLVANIA BORDER, THE FOREGOING ROUTE BEING A PORTION OF THE NEW YORK STATE THRUWAY; (III) THE BERKSHIRE SECTION OF THE NEW YORK STATE THRUWAY BEGINNING AT I-87 THENCE EASTERLY TO THE INTERSECTION WITH I-90 AND CONTINUING ON I-90 TO THE NEW YORK-MASSACHUSETTS BORDER; (IV) I-84 BEGINNING AT THE NEW YORK-NEW JERSEY BORDER THENCE EASTERLY PASSING THROUGH OR IN THE VICINITY OF NEWBURGH, THENCE CONTINUING EAST- ERLY AND SOUTHEASTERLY TO THE NEW YORK-CONNECTICUT BORDER; (V) I-88 BEGINNING AT I-81 IN THE VICINITY OF BINGHAMTON THENCE NORTHEASTERLY TO I-90 IN THE VICINITY OF SCHENECTADY; (VI) I-86/STATE ROUTE 17 BEGINNING AT I-87 IN THE VICINITY OF WOODBURY THENCE WESTERLY AND NORTHWESTERLY PASSING THROUGH OR IN THE VICINITY OF BINGHAMTON, ELMIRA, AND JAMESTOWN, CONTINUING TO THE NEW YORK-PENNSYLVA- NIA BORDER; (VII) I-81 BEGINNING AT THE NEW YORK-PENNSYLVANIA BORDER THENCE NORTH- ERLY PASSING THROUGH OR IN THE VICINITY OF SYRACUSE AND WATERTOWN, CONTINUING TO THE NEW YORK-CANADA BORDER; (VIII) I-390 BEGINNING AT I-86 IN THE VICINITY OF AVOCA THENCE NORTHWESTERLY AND NORTHERLY IN I-490 IN THE VICINITY OF ROCHESTER; AND (IX) I-190 BEGINNING AT I-90 IN THE VICINITY OF BUFFALO, THENCE WESTERLY, NORTHWESTERLY, AND NORTHERLY THROUGH BUFFALO, ACROSS GRAND ISLAND, THE FOREGOING ROUTE BEING A PORTION OF THE NEW YORK STATE THRU- WAY, AND THENCE GENERALLY WESTERLY TO THE UNITED STATES-CANADA BORDER IN THE VICINITY OF LEWISTON. (N) "UPSTATE REGION" MEANS ANY COUNTY OF THE STATE THAT IS NOT PART OF THE DOWNSTATE REGION. 2. Prewiring and transfer switch. (a) Retail outlets in the downstate region shall be prewired with an appropriate transfer switch for using an alternate generated power source at such retail outlets as follows: (i) each retail outlet in operation on the effective date of this section that is located within one-half mile by road measurement from an exit road on a controlled access highway or from an evacuation route shall be prewired by no later than April first, two thousand fourteen; (ii) each retail outlet beginning operation after the effective date of this section and before April first, two thousand fourteen that is located within one-half mile by road measurement from an exit road on a S. 6357 48 A. 8557 controlled access highway or from an evacuation route shall be prewired by no later than April first, two thousand fifteen; (iii) each retail outlet that is located within one-half mile by road measurement from an evacuation route that is designated as such after the effective date of this section or within one-half mile by road meas- urement from an exit road that is established after the effective date of this section shall be prewired within one year of such designation or establishment provided that funding is available at such time for the program established under subdivision twenty of section eighteen hundred fifty-four of the public authorities law; and (iv) thirty percent of all retail outlets that are part of a chain of retail outlets, exclusive of those included in subparagraphs (i), (ii) and (iii) of this paragraph, shall be prewired by no later than August first, two thousand fifteen, provided, however, in the case of an exist- ing retail outlet that becomes part of a chain of retail outlets after the effective date of this section and that has been designated by the chain as an outlet comprising such thirty percent, by no later than August first, two thousand fifteen or one year after becoming part of such chain, whichever is later, and provided further, in the case of a retail outlet that is part of a chain of retail outlets, is part of such thirty percent and is subject to paragraph (b) of this subdivision as required in paragraph (b) of this subdivision. (A-1) RETAIL OUTLETS IN THE UPSTATE REGION SHALL BE PREWIRED WITH AN APPROPRIATE TRANSFER SWITCH FOR USING AN ALTERNATE GENERATED POWER SOURCE AT SUCH RETAIL OUTLETS AS FOLLOWS: (I) EACH RETAIL OUTLET IN OPERATION ON THE EFFECTIVE DATE OF THIS PARAGRAPH THAT IS LOCATED ON A STRATEGIC UPSTATE HIGHWAY OR WITHIN ONE- HALF MILE BY ROAD MEASUREMENT FROM AN EXIT ROAD ON A STRATEGIC UPSTATE HIGHWAY OR FROM AN EVACUATION ROUTE SHALL BE PREWIRED BY NO LATER THAN APRIL FIRST, TWO THOUSAND FIFTEEN; (II) EACH RETAIL OUTLET BEGINNING OPERATION AFTER THE EFFECTIVE DATE OF THIS PARAGRAPH AND BEFORE APRIL FIRST, TWO THOUSAND FIFTEEN THAT IS LOCATED ON A STRATEGIC UPSTATE HIGHWAY OR WITHIN ONE-HALF MILE BY ROAD MEASUREMENT FROM AN EXIT ROAD ON A STRATEGIC UPSTATE HIGHWAY OR FROM AN EVACUATION ROUTE SHALL BE PREWIRED BY NO LATER THAN APRIL FIRST, TWO THOUSAND SIXTEEN; AND (III) EACH RETAIL OUTLET THAT IS LOCATED WITHIN ONE-HALF MILE BY ROAD MEASUREMENT FROM AN EVACUATION ROUTE THAT IS DESIGNATED AS SUCH AFTER THE EFFECTIVE DATE OF THIS SECTION OR ON A STRATEGIC UPSTATE HIGHWAY OR WITHIN ONE-HALF MILE BY ROAD MEASUREMENT FROM AN EXIT ROAD ON A STRATE- GIC UPSTATE HIGHWAY THAT IS ESTABLISHED AFTER THE EFFECTIVE DATE OF THIS PARAGRAPH SHALL BE PREWIRED WITHIN ONE YEAR OF SUCH DESIGNATION OR ESTABLISHMENT PROVIDED THAT FUNDING IS AVAILABLE AT SUCH TIME FOR THE PROGRAM ESTABLISHED UNDER SUBDIVISION TWENTY OF SECTION EIGHTEEN HUNDRED FIFTY-FOUR OF THE PUBLIC AUTHORITIES LAW. (b) Each retail outlet for which a building permit is issued on or after April first, two thousand fourteen for new construction or for substantial demolition and reconstruction, shall be prewired with an appropriate transfer switch for using an alternate generated power source. (c) Such transfer switch and all associated electrical wiring shall be installed, operated, and maintained in compliance with all applicable provisions of the New York state uniform fire prevention and building code or any applicable local building code or standard. Installation of appropriate wiring and transfer switches shall be performed by a licensed electrical contractor. S. 6357 49 A. 8557 (d) Each retailer shall keep on file at the retail outlet a written statement in a form approved by the department and containing an attes- tation by a licensed electrician that the wiring and transfer switch were installed in accordance with the manufacturer's specifications. In addition, each such retailer shall maintain the wiring and transfer switch in accordance with the manufacturer's specifications. (e) Each retail outlet IN THE DOWNSTATE REGION in operation on the effective date of this section that sold less than seventy-five thousand gallons of motor fuel per month on average for the period they were in operation during the twelve months prior to the effective date shall be exempt from the requirements of this subdivision. 3. Emergency deployment. In the event that a declaration of an energy or fuel supply emergency issued by the governor, the county executive of a county [in the downstate region] CONTAINING RETAIL OUTLETS SUBJECT TO THE PROVISIONS OF THIS SECTION or the mayor of a city with a population in excess of one million inhabitants is in effect, a retailer of a retail outlet within any such county or city for which such declaration was issued shall deploy and install an alternate generated power source as follows: (a) For a retail outlet subject to the requirements of: (i) PARAGRAPH (A-1) OF SUBDIVISION TWO OF THIS SECTION OR subparagraphs (i), (ii) or (iii) of paragraph (a) of subdivision two of this section or (ii) para- graph (b) of subdivision two of this section that is located in the downstate region and that is located within one-half mile by road meas- urement from an exit road on a controlled access highway or from an evacuation route, within twenty-four hours of such declaration, if such outlet is without power at the time of such declaration. Provided, however, if any such outlet loses power following such declaration and while the declaration is still in effect, then the alternate generated power source shall be deployed and installed within twenty-four hours of such loss of power. (b) For a retail outlet prewired pursuant to the requirements of subparagraph (iv) of paragraph (a) of subdivision two of this section, within forty-eight hours of such declaration, if such outlet is without power at the time of such declaration. Provided, however, if any such outlet loses power following such declaration and while the declaration is still in effect, then the alternate generated power source shall be deployed and installed within forty-eight hours of the loss of power. 3-a. Declaration of energy or fuel supply emergency. Upon issuance of a declaration of an energy or fuel supply emergency pursuant to this subdivision, a county executive of a county [in the downstate region] WHOSE RETAIL OUTLETS ARE SUBJECT TO THE PROVISIONS OF THIS SECTION or mayor of a city with a population in excess of one million inhabitants who declared such emergency shall promptly notify the president of the New York state energy research and development authority, the commis- sioner of homeland security and emergency services, and impacted resi- dents using such means as are practicable and efficient. 4. Plan for alternate generated power source. Each retailer subject to subdivision three of this section shall by the date of the installation of the prewiring and transfer switch required under subdivision two of this section have in place at each applicable retail outlet documenta- tion in a form approved by the department demonstrating a plan to deploy and install an alternate generated power source located at such retail outlet as required under subdivision three of this section. Such plan shall take one of the following forms: S. 6357 50 A. 8557 (a) a receipt or other documentation showing ownership of such power source; (b) for a retailer subject to paragraph (a) of subdivision three of this section, documentation attesting to participation in the program established under subdivision twenty-one of section eighteen hundred fifty-four of the public authorities law; or (c) a contract with a supplier of such power source providing for deployment and installation of such power source in compliance with the requirements of this section, or other documentation demonstrating the retailer's ability to comply with the requirements of this section, which may include the generator deployment and installation plan of a chain of retail outlets. 5. Inspection; recordkeeping; reporting. The commissioner or the commissioner's designee shall be authorized to enter during regular business hours upon a retail outlet subject to the requirements of subdivision two of this section for the purpose of determining compli- ance with the provisions of this section and any rules or regulations promulgated hereunder. All documents required pursuant to subdivisions two and four of this section shall be maintained at the applicable retail outlet and made available to the commissioner or the commission- er's designee upon request. In addition, each retailer of a retail outlet, except for retail outlets granted exemptions under paragraph (e) of subdivision two of this section, shall provide to the department by [April first, two thousand fourteen] THE DATE OF THE INSTALLATION OF THE PREWIRING AND TRANSFER SWITCH REQUIRED UNDER SUBDIVISION TWO OF THIS SECTION and every two years thereafter written documentation in a form approved by the department certifying that such retail outlet is in compliance with the requirements of this section, and any other require- ment specified by any rules or regulations promulgated hereunder; provided, however, that, for each retail outlet that is part of a chain of retail outlets or to which subparagraph (ii) or (iii) of paragraph (a), SUBPARAGRAPH (III) OF PARAGRAPH (A-1) or paragraph (b) of subdivi- sion two applies, such written documentation shall be provided to the department within ten days after the date of installation of the prewir- ing and transfer switch required to be installed under subdivision two of this section and every two years thereafter. 6. Rules and regulations; notification of applicability. The commis- sioner shall have the authority, with the assistance of the commissioner of transportation, the commissioner of homeland security and emergency services, the president of the New York state energy research and devel- opment authority, the secretary of state and the chair of the public service commission, to promulgate such rules and regulations as the commissioner shall deem necessary to effectuate the purposes of this section. The commissioner shall by June first, two thousand thirteen: (a) notify by first class mail all existing retail outlets that appear to meet the criteria specified in subdivision two of this section of the requirements of this section and include with such notification any other information deemed necessary by the commissioner, including infor- mation regarding applicability criteria, compliance measures and poten- tial grant assistance; (b) provide a list of all such retail outlets to the governor, the temporary president of the senate and the speaker of the assembly; and (c) post such list on the department's website, PROVIDED HOWEVER THAT FOR RETAIL OUTLETS SUBJECT TO PARAGRAPH (A-1) OF SUBDIVISION TWO OF THIS SECTION, SUCH ACTIONS SHALL OCCUR BY JUNE FIRST, TWO THOUSAND FOURTEEN. If approval of federal mitigation funds or other approved resources for the program established under subdivision twenty S. 6357 51 A. 8557 of section eighteen hundred fifty-four of the public authorities law occurs after June first, two thousand thirteen, the commissioner shall provide additional notification of such approval within thirty days. Any retailer of a retail outlet specified on such list shall be subject to the requirements of this section unless he or she provides written documentation to the department by August first, two thousand thirteen proving that such outlet does not qualify, or is eligible for an exemption pursuant to paragraph (e) of subdivision two of this section; PROVIDED HOWEVER THAT FOR RETAIL OUTLETS SUBJECT TO PARAGRAPH (A-1) OF SUBDIVISION TWO OF THIS SECTION, ANY RETAILER OF A RETAIL OUTLET SPECI- FIED ON SUCH LIST SHALL BE SUBJECT TO THE REQUIREMENTS OF THIS SECTION UNLESS HE OR SHE PROVIDES WRITTEN DOCUMENTATION TO THE DEPARTMENT BY AUGUST FIRST, TWO THOUSAND FOURTEEN PROVING THAT SUCH OUTLET DOES NOT QUALIFY. The commissioner shall update such list every five years ther- eafter, OR MORE FREQUENTLY AS THE COMMISSIONER DEEMS NECESSARY, and notify all new retail outlets that become subject to the requirements of this section; provided, however, that compliance with the requirements of this section is not conditioned on such notification. 7. Violations and penalties. Any retailer who violates any provision of this section, or any rule or regulation promulgated hereunder, shall be liable to the people of the state for a civil penalty of up to one thousand five hundred dollars per day for every such violation, to be assessed by the commissioner, after a hearing or opportunity to be heard upon due notice and with the right to representation by counsel. In determining the amount of civil penalty, the commissioner shall take into consideration mitigating factors, such as the availability of gaso- line at the retail outlet, provided that the retailer did not refuse such delivery, and the extent to which the retailer's action or inaction contributed to the violation. Such penalty may be recovered in an action brought by the attorney general at the request and in the name of the commissioner in any court of competent jurisdiction. Such civil penalty may be released or compromised by the commissioner before the matter has been referred to the attorney general. Additionally, after such hearing and a finding that such retailer has violated the provisions of this section, or of any rule or regulation promulgated thereunder, the commissioner may issue and cause to be served upon such person an order enjoining such person from violating such provisions and taking all necessary actions for such person to come into compliance with such provisions. Any such order of the commissioner may be enforced in an action brought by the attorney general at the request and in the name of the commissioner in any court of competent jurisdiction. Notwithstanding the foregoing, such retailer shall not be in violation of subdivision three of this section if he or she is unable to deploy, install or operate an alternate generated power source because of uncon- trollable circumstances, including but not limited to, restrictions imposed by public safety officers to address an emergency situation or that such retail station is made unsafe or unable to operate due to acts of God, fires, floods, explosions or the safety of personnel needed to operate such retail outlet. Additionally, such retailer shall not be in violation of subdivision three of this section if he or she is a partic- ipant in the program established under subdivision twenty-one of section eighteen hundred fifty-four of the public authorities law and a genera- tor is not provided to the retailer due to the prioritization allowed under such subdivision or through no fault of the retailer. S. 6357 52 A. 8557 8. This section shall not be construed to require any retailer to maintain set business hours in the event of an energy or fuel supply emergency. 9. The provisions of this section shall supersede all local laws or ordinances in the downstate region AND IN COUNTIES IN THE UPSTATE REGION WHOSE RETAIL OUTLETS ARE SUBJECT TO THE PROVISIONS OF THIS SECTION relating to the installation and deployment of an alternate generated power source or any related electrical or other equipment at any retail outlet. 10. The requirements of this section shall be contingent on the approval of federal mitigation funds or other approved resources for the program established under subdivision twenty of section eighteen hundred fifty-four of the public authorities law. In the event such approval does not occur as of June first, two thousand thirteen, all deadlines with a date of April first, two thousand fourteen shall be delayed by the amount of time such approval is delayed past June first, two thou- sand thirteen. S 3. Subdivisions 20 and 21 of section 1854 of the public authorities law, as added by section 3 of part S of chapter 58 of the laws of 2013, are amended to read as follows: 20. To administer a program, using funds provided for such purpose, to provide a grant based on standards and guidelines established by the authority for costs as follows: (a) for each retail outlet that is in operation before April first, two thousand fourteen and is subject to the requirements of paragraph (a) of subdivision three of section one hundred ninety-two-h of the agriculture and markets law AND FOR EACH RETAIL OUTLET THAT IS IN OPERA- TION BEFORE APRIL FIRST, TWO THOUSAND FIFTEEN AND IS SUBJECT TO THE REQUIREMENTS OF PARAGRAPH (A-1) OF SUBDIVISION TWO OF SECTION ONE HUNDRED NINETY-TWO-H OF THE AGRICULTURE AND MARKETS LAW: (i) no greater than ten thousand dollars required to prewire such retail outlet with an appropriate transfer switch for using an alternate generated power source as defined in section one hundred ninety-two-h of the agriculture and markets law; or (ii) no greater than thirteen thousand dollars required to prewire such retail outlet with an appropriate transfer switch for using an alternate generated power source as defined in section one hundred nine- ty-two-h of the agriculture and markets law and purchase such power source to be permanently affixed at the site. (b) for each retail outlet that is in operation before April first, two thousand fourteen and is subject to the requirements of paragraph (b) of subdivision three of section one hundred ninety-two-h of the agriculture and markets law, no greater than ten thousand dollars required to: (i) prewire an existing retail outlet with an appropriate transfer switch for using an alternate generated power source as defined in section one hundred ninety-two-h of the agriculture and markets law; and/or (ii) purchase such power source to be permanently affixed at the site. (c) to the extent funds are available, for retail outlets that become operational on or after April first, two thousand fourteen, or to which subdivision two of section one hundred ninety-two-h of the agriculture and markets law becomes applicable after the effective date of this subdivision, which grants shall otherwise be subject to the same amounts, purposes and restrictions as paragraphs (a) and (b) of this subdivision. S. 6357 53 A. 8557 The authority may offer any funds provided for such purpose and not expended to retail outlets that are not required to comply with the requirements of subdivision two of section one hundred ninety-two-h of the agriculture and markets law but that seek to participate in such program. 21. To administer a program to establish a pool of generators for retail outlets as defined in section one hundred ninety-two-h of the agriculture and markets law. The authority may enter into or facilitate contracts, lease agreements and any other instruments subject to the provisions of law, with companies providing generators and generator services to provide for such pool and the deployment and installation of generators in the pool. Retail outlets that elect to participate in the program and are subject to the requirements of PARAGRAPH (A-1) OF SUBDI- VISION TWO OR paragraph (a) of subdivision three of section one hundred ninety-two-h of the agriculture and markets law shall be required only to pay the actual cost of generator rental, deployment and installation in the event that emergency deployment is required, provided, that a participant must abide by the terms of any contract or written agreement covering the rental, deployment and installation of such generator. In the event that an insufficient number of generators is available to meet required emergency deployment, the authority in consultation with the commissioner of homeland security and emergency services shall prior- itize such retail outlets as are most essential to public safety and well-being during the energy or fuel supply emergency. When generators from such program are deployed, the authority shall provide public notice on its website, to the media and through other means practicable of those retail outlets where generators are deployed. S 4. This act shall take effect immediately. PART N Section 1. Section 2 of chapter 21 of the laws of 2003, amending the executive law relating to permitting the secretary of state to provide special handling for all documents filed or issued by the division of corporations and to permit additional levels of such expedited service, as amended by section 1 of part P of chapter 58 of the laws of 2013, is amended to read as follows: S 2. This act shall take effect immediately, provided however, that section one of this act shall be deemed to have been in full force and effect on and after April 1, 2003 and shall expire March 31, [2014] 2015. S 2. This act shall take effect immediately and shall be deemed to have been in full force and effect on and after March 31, 2014. PART O Section 1. Paragraph (g) of section 104 of the business corporation law, as amended by chapter 375 of the laws of 1998, is amended to read as follows: (g) The department shall make, certify and transmit ELECTRONICALLY a copy of each such instrument to the clerk of the county in which the office of the domestic or foreign corporation is or is to be located. The county clerk shall file and index such copy. S 2. Paragraph (g) of section 104 of the not-for-profit corporation law, as amended by chapter 375 of the laws of 1998, is amended to read as follows: S. 6357 54 A. 8557 (g) The department shall make, certify and transmit ELECTRONICALLY a copy of each such instrument to the clerk of the county in which the office of the domestic or foreign corporation is or is to be located. The county clerk shall file and index such copy. S 3. This act shall take effect immediately. PART P Section 1. Subdivision 2 of section 160-f of the executive law, as amended by chapter 397 of the laws of 1991, is amended to read as follows: 2. Notwithstanding any other law, the department may transmit an annu- al registry fee [of not more than twenty-five dollars] AS SET BY THE FEDERAL APPRAISAL SUBCOMMITTEE IN ACCORDANCE WITH 12 U.S.C. 3338 (A)(4)(A) from such individuals who perform or seek to perform appraisals in federally related transactions and to transmit a roster of such individuals to the Appraisal Subcommittee of the Federal Financial Institutions Examination Council as required by Title XI of the Finan- cial Institutions Reform, Recovery, and Enforcement Act of 1989. S 2. This act shall take effect immediately. PART Q Section 1. Notwithstanding any other law, rule or regulation to the contrary, expenses of the department of health public service education program incurred pursuant to appropriations from the cable television account of the state miscellaneous special revenue funds shall be deemed expenses of the department of public service. S 2. This act shall take effect immediately and shall be deemed to have been in full force and effect on and after April 1, 2014. PART R Section 1. Section 5 of the public service law is amended by adding a new subdivision 7 to read as follows: 7. (A) THE COMMISSION MAY, AFTER NOTICE AND HEARING, FORBEAR FROM APPLYING THE PROVISIONS OF SUBDIVISION TWO OF SECTION NINETY-ONE AND SECTION NINETY-TWO, NINETY-NINE, ONE HUNDRED, ONE HUNDRED ONE OR ONE HUNDRED ONE-A OF THIS CHAPTER TO A TELEPHONE CORPORATION, TELEPHONE SERVICE, OR CLASS OF TELEPHONE CORPORATIONS OR TELEPHONE SERVICES AS DEFINED IN COMMISSION REGULATIONS, IN ANY GEOGRAPHIC MARKET UPON A DETERMINATION THAT: (I) APPLICATION OF A PROVISION IS NOT NECESSARY TO ENSURE JUST AND REASONABLE RATES AND CHARGES AND RATES THAT ARE NOT UNJUSTLY OR UNREA- SONABLY DISCRIMINATORY; (II) APPLICATION OF A PROVISION IS NOT NECESSARY FOR PROTECTION OF CONSUMERS; AND (III) FORBEARANCE FROM APPLYING A PROVISION IS CONSISTENT WITH THE PUBLIC INTEREST, INCLUDING, BUT NOT LIMITED TO, PROMOTION OF COMPETITIVE MARKET CONDITIONS AND COMPETITION AMONG PROVIDERS OF TELEPHONE SERVICES. (B) ANY TELEPHONE CORPORATION OR SUCH CLASS OF TELEPHONE CORPORATIONS MAY PETITION THE COMMISSION FOR EXERCISE OF THE AUTHORITY GRANTED UNDER THIS SUBDIVISION. S 2. Paragraph (d) of subdivision 5 of section 52 of the public service law, as added by chapter 186 of the laws of 1995, is amended to read as follows: S. 6357 55 A. 8557 (d) when such determination follows a customer complaint regarding a shared meter condition or a utility discovery of a shared meter condi- tion that is not in response to an owner's request for a utility inspection for a shared meter condition, with respect to utility service billed after December first, nineteen hundred ninety-six, the utility shall comply with the provisions of paragraphs (a), (b) and (c) of this subdivision, and further bill the owner and refund to the shared meter customer an estimated amount of THE charges for [twelve months] TWENTY- FIVE PERCENT of all service measured by the shared meter FOR TWELVE MONTHS; provided, however, that this paragraph shall not apply to a shared meter condition if service measured through the shared meter is minimal under commission rules adopted pursuant to subdivision eight of this section[. An owner so billed] OR IN THE EVENT AN OWNER, PURSUANT TO SUBPARAGRAPH (I) OF PARAGRAPH (B) OF SUBDIVISION TWO OF THIS SECTION, IS EXCUSED FROM CORRECTING THE SHARED METER CONDITION BY A LEGAL PROHIBI- TION OR EXORBITANT COST AS DEFINED BY COMMISSION RULES ADOPTED PURSUANT TO SUBDIVISION EIGHT OF THIS SECTION. A SHARED METER CUSTOMER may peti- tion the commission or its designee for a determination that the amount of such [bill is excessive] ASSESSMENT IS UNSATISFACTORY and that such bill and refund be adjusted [accordingly]; provided, however, [neither the adjusted bill nor] THAT the adjusted refund shall [be less than twenty-five percent of] NOT EXCEED the total amount of the original bill. [The commission is authorized to make such a determination and adjustment if it finds that a bill and refund of twelve months' charges is unduly burdensome and unfair.] In making such determination the commission or its designee shall consider the total amount of the bill and refund in relation to the shared area charges over such twelve month period and any other equitable factors established by the commission; and S 3. Section 221 of the public service law, as added by chapter 83 of the laws of 1995, is amended to read as follows: S 221. Certificate of confirmation. 1. Except as provided in this section, no person shall exercise a franchise, and no such franchise shall be effective, [until the commission has confirmed such franchise. A person wishing to exercise a franchise shall file with the commission an application for a certificate of confirmation in such form and containing such information and supportive documentation as the commis- sion may require. The application shall be accompanied by proof of service thereof upon the franchisor and by such fee as the commission may set] UNLESS A COPY OF SUCH FRANCHISE HAS BEEN APPROVED BY THE MUNI- CIPALITY, AND PROPERLY FILED WITH THE COMMISSION WITHIN THIRTY DAYS OF MUNICIPAL APPROVAL. SUCH FRANCHISE SHALL BE SUBJECT, AT A MINIMUM, TO THE FRANCHISING STANDARDS SET FORTH IN THIS ARTICLE AND THE RULES AND REGULATIONS PROMULGATED THEREUNDER BY THE COMMISSION. 2. A FRANCHISE SHALL BE DEEMED GRANTED FORTY-FIVE DAYS AFTER THE FRAN- CHISE IS FILED PURSUANT TO SUBDIVISION ONE OF THIS SECTION UNLESS THE COMMISSION, OR ITS DESIGNEE, DETERMINES WITHIN SUCH FORTY-FIVE DAY PERI- OD THAT THE PUBLIC INTEREST REQUIRES THE COMMISSION'S REVIEW AND WRITTEN ORDER. [2.] 3. The commission may hold a public hearing on any application for a certificate of confirmation if it determines that such a hearing is in the public interest. The commission shall fix the time and place for such a hearing and cause notice thereof to be given to the appli- cant, the chief executive officer of the municipality issuing the fran- chise and such other persons as the commission may deem appropriate. S. 6357 56 A. 8557 Testimony may be taken and evidence received at such a hearing pursuant to such rules and procedures as the commission may establish. [3.] 4. [The commission shall issue a] A certificate of confirmation of the franchise [unless it finds that (a) the applicant, (b) the proposed cable television system, or (c) the proposed franchise does not conform to the standards established in the regulations promulgated by the commission pursuant to subdivision two of section two hundred fifteen, or that operation of the proposed cable television system by the applicant under the proposed cable television system by the appli- cant under the proposed franchise would be in violation of law, any regulation or standard promulgated by the commission or the public interest.] SHALL BE DEEMED CONFIRMED FORTY-FIVE DAYS AFTER THE FRANCHISE IS FILED PURSUANT TO SUBDIVISION ONE OF THIS SECTION UNLESS THE COMMIS- SION, OR ITS DESIGNEE, DETERMINES WITHIN SUCH FORTY-FIVE DAY PERIOD THAT THE PUBLIC INTEREST REQUIRES THE COMMISSION'S REVIEW AND WRITTEN ORDER. [4.] 5. The commission may issue a certificate of confirmation contin- gent upon compliance with standards, terms or conditions set by the commission which it determines would not have been met by the applicant, system or franchise as proposed. [5.] 6. In the event the commission refuses to issue a certificate of confirmation, it shall set forth in writing the reasons for its deci- sion. [6. Any cable television company which, pursuant to any existing fran- chise, (i) was lawfully engaged in actual operations for (ii) had commenced substantial construction (as such term is defined by the commission) of a cable television system on January first, nineteen hundred seventy-two may continue to exercise said franchise pursuant to the terms thereof, provided such company files with the commission, on or before July first, nineteen hundred seventy-three an application in such form and containing such information and supporting documentation as the commission may require. The commission shall issue a certificate of confirmation to such a cable television company valid for five years without further proceedings, which certificate may be renewed by the commission on application for five year terms pursuant to the provisions of section two hundred twenty-two. 7. Notwithstanding any other provisions of this article, any cable television company engaged in actual and lawful nonfranchised cable television operations on April first, nineteen hundred seventy-three, that applied for a certificate of confirmation on or before September first, nineteen hundred seventy-four and received a certificate, valid for a five year period, may continue to operate within the limits of the area in which it was actually rendering service on April first, nineteen hundred seventy-three, as determined by the commission. Such a certif- icate of confirmation may be renewed by the commission on application for five year terms pursuant to the provisions of section two hundred twenty-two of this article. Any such company which failed to file an application pursuant to this section on or before September first, nine- teen hundred seventy-four, shall thereafter be prohibited from continu- ing operation of a nonfranchised cable television system, provided however, that the commission may authorize such continued nonfranchised operation in extraordinary circumstances for such periods as the commis- sion may deem appropriate. 8. Nothing in this section shall be deemed to validate a franchise not granted in accordance with law or affect any claims in litigation on January first, nineteen hundred seventy-three. No confirmation under S. 6357 57 A. 8557 this section shall preclude invalidation of any franchise illegally obtained. 9.] 7. Confirmation by the commission and duties performed by the commission with respect to its regulation of cable television providers under this article shall not be deemed to constitute "supervision of the state department of public service" for the purpose of the meaning of such phrase as it is used in describing those utilities which are subject to tax on a gross income basis under section one hundred eight- y-six-a of the tax law or pursuant to section twenty-b of the general city law and subdivision one of section [five hundred thirty] 5-530 of the village law. S 4. Section 222 of the public service law is REPEALED and a new section 222 is added to read as follows: S 222. RENEWAL OR AMENDMENT OF FRANCHISES. 1. EXCEPT AS PROVIDED IN THIS SECTION, NO PERSON SHALL RENEW OR AMEND A FRANCHISE RENEWAL, AND NO SUCH RENEWAL OR AMENDMENT SHALL BE EFFECTIVE, UNLESS A COPY OF SUCH RENEWAL OR AMENDMENT HAS BEEN APPROVED BY THE MUNICIPALITY, AND PROPERLY FILED WITH THE COMMISSION WITHIN THIRTY DAYS OF MUNICIPAL APPROVAL. SUCH RENEWAL OR AMENDMENT SHALL BE SUBJECT, AT A MINIMUM, TO THE FRANCHISING STANDARDS SET FORTH IN THIS ARTICLE AND THE RULES AND REGULATIONS PROMULGATED THEREUNDER BY THE COMMISSION. 2. RENEWALS AND AMENDMENTS SHALL BE DEEMED GRANTED FORTY-FIVE DAYS AFTER THE RENEWAL OR AMENDMENT IS FILED PURSUANT TO SUBDIVISION ONE OF THIS SECTION UNLESS THE COMMISSION, OR ITS DESIGNEE, DETERMINES WITHIN SUCH FORTY-FIVE DAY PERIOD THAT THE PUBLIC INTEREST REQUIRES THE COMMIS- SION'S REVIEW AND WRITTEN ORDER. S 5. The public service law is amended by adding a new section 222-a to read as follows: S 222-A. TRANSFER OF FRANCHISES AND TRANSFER OF CONTROL OVER FRAN- CHISES AND SYSTEM PROPERTIES. 1. NO TRANSFER OF ANY FRANCHISE, OR ANY TRANSFER OF CONTROL OF A FRANCHISE OR CERTIFICATE OF CONFIRMATION OR OF FACILITIES CONSTITUTING A SIGNIFICANT PART OF ANY CABLE TELEVISION SYSTEM SHALL BE EFFECTIVE WITHOUT THE PRIOR APPROVAL OF THE COMMISSION. SUCH APPROVAL SHALL BE REQUIRED IN ADDITION TO ANY MUNICIPAL APPROVAL REQUIRED UNDER THE FRANCHISE OR BY LAW. FOR THE PURPOSES OF THIS SECTION, A MERGER OR CONSOLIDATION OF TWO OR MORE CABLE TELEVISION COMPANIES SHALL BE DEEMED TO BE A TRANSFER OF THE FRANCHISES OR CERTIF- ICATES GRANTED TO SUCH COMPANIES. 2. A PERSON WISHING TO TRANSFER A FRANCHISE, OR TO TRANSFER CONTROL OF A FRANCHISE OR OF A SUBSTANTIAL PART OF THE FACILITIES THEREOF SHALL FILE WITH THE COMMISSION AN APPLICATION FOR APPROVAL OF SUCH CHANGE, IN SUCH FORM AND CONTAINING SUCH INFORMATION AND SUPPORTING DOCUMENTS AS THE COMMISSION MAY REQUIRE. THE APPLICATION SHALL BE ACCOMPANIED BY PROOF OF SERVICE THEREOF UPON THE FRANCHISOR, IF ANY, AND BY SUCH FEE AS THE COMMISSION MAY SET. THE COMMISSION MAY HOLD A PUBLIC HEARING ON ANY SUCH APPLICATION. 3. THE COMMISSION SHALL APPROVE THE APPLICATION UNLESS IT FINDS THAT THE APPLICANT, THE PROPOSED TRANSFEREE OR THE CABLE TELEVISION SYSTEM DOES NOT CONFORM TO THE STANDARDS ESTABLISHED IN THE REGULATIONS PROMUL- GATED BY THE COMMISSION PURSUANT TO THIS ARTICLE OR THAT APPROVAL WOULD BE IN VIOLATION OF LAW, ANY REGULATION OR STANDARD PROMULGATED BY THE COMMISSION OR THE PUBLIC INTEREST, PROVIDED HOWEVER, THAT A FAILURE TO CONFORM TO THE STANDARDS ESTABLISHED IN THE REGULATIONS PROMULGATED BY THE COMMISSION SHALL NOT PRECLUDE APPROVAL OF ANY SUCH APPLICATION IF THE COMMISSION FINDS THAT SUCH APPROVAL WOULD SERVE THE PUBLIC INTEREST. S. 6357 58 A. 8557 4. THE COMMISSION MAY APPROVE THE APPLICATION CONTINGENT UPON COMPLI- ANCE WITH STANDARDS, TERMS OR CONDITIONS SET BY THE COMMISSION WHICH IT DETERMINES WOULD NOT HAVE BEEN MET BY THE PROPOSED TRANSFER OF A FRAN- CHISE. 5. IN THE EVENT THE COMMISSION REFUSES TO APPROVE THE APPLICATION, IT SHALL SET FORTH IN WRITING THE REASONS FOR ITS DECISION. 6. APPROVAL OF A TRANSFER OF A FRANCHISE UNDER THIS SECTION SHALL NOT PRECLUDE INVALIDATION OF A FRANCHISE ILLEGALLY OBTAINED. S 6. This act shall take effect immediately; provided, however, that sections three, four and five of this act shall apply to franchises filed on or after the date this act shall have become a law. PART S Section 1. Paragraphs (a) and (b) of subdivision 6 of section 18-a of the public service law, paragraph (a) as amended by section 1 of part BB of chapter 59 of the laws of 2013 and paragraph (b) as amended by section 2 of part A of chapter 173 of the laws of 2013, are amended to read as follows: (a) Notwithstanding any provision of law to the contrary, and subject to the exceptions provided for in paragraph (b) of this subdivision, for the state fiscal year beginning on April first, two thousand nine and eight state fiscal years thereafter, a temporary annual assessment (hereinafter "temporary state energy and utility service conservation assessment") is hereby imposed on public utility companies [(including for the purposes of this subdivision municipalities other than munici- palities as defined in section eighty-nine-l of this chapter)], corpo- rations (including for purposes of this subdivision the Long Island power authority), and persons subject to the commission's regulation (hereinafter such public utility companies, corporations, and persons are referred to collectively as the "utility entities") to encourage the conservation of energy and other resources provided through utility entities, to be assessed in the manner provided in this subdivision; provided, however, that such assessment shall not be imposed upon (1) A telephone [corporations as defined in subdivision seventeen of section two of this article] CORPORATION, AND (2) A WATER-WORKS CORPORATION; AND PROVIDED, FURTHER, THAT SUCH ASSESSMENT SHALL NOT BE IMPOSED UPON THE GROSS OPERATING REVENUES DERIVED FROM: (I) AN ELECTRIC CUSTOMER ACCOUNT WITH A MONTHLY PEAK DEMAND OF ONE THOUSAND KILOWATTS OR MORE IN THE LAST PRECEDING CALENDAR YEAR AS DETERMINED PURSUANT TO THE UTILITY ENTITY'S TARIFF, AND (II) A GAS CUSTOMER ACCOUNT WITH AN ANNUAL CONSUMPTION IN THE LAST PRECEDING CALENDAR YEAR OF ONE HUNDRED THOUSAND DEKATHERMS OR MORE AS DETERMINED PURSUANT TO THE UTILITY ENTITY'S TARIFF. (b) The temporary state energy and utility service conservation assessment shall APPLY ONLY TO THOSE CORPORATIONS AND GROSS OPERATING REVENUES NOT EXEMPTED IN PARAGRAPH (A) OF THIS SUBDIVISION AND SHALL be based upon the following percentum of the utility entity's gross operat- ing revenues derived from intrastate utility operations in the last preceding calendar year, minus the amount, if any, that such utility entity is assessed pursuant to subdivisions one and two of this section for the corresponding state fiscal year period: (1) two percentum for the state fiscal year beginning April first, two thousand thirteen; [and] (2) 1.89 PERCENTUM FOR the state fiscal year beginning April first, two thousand fourteen; [(2) one and three-quarters] (3) 1.13 percentum for the state fiscal year beginning April first, two thousand fifteen; and [(3) one and one-half] (4) 0.83 percentum for the state S. 6357 59 A. 8557 fiscal year beginning April first, two thousand sixteen. A PAYMENT FOR SUCH ASSESSMENT RECEIVED BY A UTILITY ENTITY FOR THE STATE FISCAL YEAR BEGINNING APRIL FIRST, TWO THOUSAND FOURTEEN AND THEREAFTER FOR (I) ELECTRIC CUSTOMER ACCOUNTS WITH A MONTHLY PEAK DEMAND OF ONE THOUSAND KILOWATTS OR MORE IN THE LAST PRECEDING CALENDAR YEAR AS DETERMINED PURSUANT TO THE UTILITY ENTITY'S TARIFF, AND (II) GAS CUSTOMER ACCOUNTS WITH AN ANNUAL CONSUMPTION IN THE LAST PRECEDING CALENDAR YEAR OF ONE HUNDRED THOUSAND DEKATHERMS OR MORE AS DETERMINED PURSUANT TO THE UTILI- TY ENTITY'S TARIFF, SHALL BE CREDITED TO SUCH CUSTOMER BY THE UTILITY ENTITY, NO LESS FREQUENTLY THAN SEMI-ANNUALLY AND IN SUCH MANNER AND FORM AS MAY BE DETERMINED BY THE DEPARTMENT. With respect to the tempo- rary state energy and utility service conservation assessment to be paid for the state fiscal year beginning April first, two thousand seventeen and notwithstanding clause (i) of paragraph (d) of this subdivision, on or before March tenth, two thousand seventeen, utility entities shall make a payment equal to one-half of the assessment paid by such entities pursuant to this paragraph for the state fiscal year beginning on April first, two thousand sixteen. With respect to the Long Island power authority, the temporary state energy and utility service conservation assessment shall APPLY ONLY TO THE GROSS OPERATING REVENUES NOT EXEMPTED IN PARAGRAPH (A) OF THIS SUBDIVISION AND SHALL be based upon the follow- ing percentum of such authority's gross operating revenues derived from intrastate utility operations in the last preceding calendar year, minus the amount, if any, that such authority is assessed pursuant to subdivi- sions one-a and two of this section for the corresponding state fiscal year period: (1) one percentum for the state fiscal year beginning April first, two thousand thirteen; [and] (2) 0.95 PERCENTUM FOR the state fiscal year beginning April first, two thousand fourteen; [(2) three- quarters of one] (3) 0.54 percentum for the state fiscal year beginning April first, two thousand fifteen; and [(3) one-half] (4) 0.36 percentum for the state fiscal year beginning April first, two thousand sixteen; provided, however, that should the amount assessed by the department for costs and expenses pursuant to such subdivisions equal or exceed such authority's temporary state energy and utility service conservation assessment for a particular fiscal year, the amount to be paid under this subdivision by such authority shall be zero. A PAYMENT FOR SUCH ASSESSMENT RECEIVED FOR THE STATE FISCAL YEAR BEGINNING APRIL FIRST, TWO THOUSAND FOURTEEN AND THEREAFTER FOR ELECTRIC CUSTOMER ACCOUNTS WITH A MONTHLY PEAK DEMAND OF ONE THOUSAND KILOWATTS OR MORE IN THE LAST PRECEDING CALENDAR YEAR AS DETERMINED BY THE AUTHORITY'S TARIFF SHALL BE CREDITED TO SUCH CUSTOMER BY THE AUTHORITY, NO LESS FREQUENTLY THAN SEMI-ANNUALLY AND IN SUCH MANNER AND FORM AS MAY BE DETERMINED BY THE AUTHORITY, IN CONSULTATION WITH THE DEPARTMENT. With respect to the temporary state energy and utility service conservation assessment to be paid for the state fiscal year beginning April first, two thousand seventeen and notwithstanding clause (i) of paragraph (d) of this subdi- vision, on or before March tenth, two thousand seventeen, the Long Island power authority shall make a payment equal to one-half of the assessment it paid for the state fiscal year beginning on April first, two thousand sixteen. No corporation or person subject to the jurisdic- tion of the commission only with respect to safety, or the power author- ity of the state of New York, shall be subject to the temporary state energy and utility service conservation assessment provided for under this subdivision. Utility entities whose gross operating revenues from intrastate utility operations are five hundred thousand dollars or less in the preceding calendar year shall not be subject to the temporary S. 6357 60 A. 8557 state energy and utility service conservation assessment. The minimum temporary state energy and utility service conservation assessment to be billed to any utility entity whose gross revenues from intrastate utili- ty operations are in excess of five hundred thousand dollars in the preceding calendar year shall be two hundred dollars. S 2. This act shall take effect immediately and shall be deemed to have been in full force and effect on and after April 1, 2014; provided, however, that the amendments to subdivision 6 of section 18-a of the public service law made by section one of this act shall not affect the repeal of such subdivision and shall be deemed to be repealed therewith. PART T Section 1. The opening paragraph of section 5102 of the insurance law is amended and a new subsection (n) is added to read as follows: In this [chapter] ARTICLE: (N) "PROVIDER OF HEALTH SERVICES" MEANS AN INDIVIDUAL OR ENTITY WHO OR THAT RENDERS OR HAS RENDERED HEALTH SERVICES. S 2. Section 5109 of the insurance law, as added by chapter 423 of the laws of 2005, is amended to read as follows: S 5109. Unauthorized providers of health services. (a) [The super- intendent, in consultation with the commissioner of health and the commissioner of education, shall by regulation, promulgate standards and procedures for investigating and suspending or removing the authori- zation for providers of health services to demand or request payment for health services as specified in paragraph one of subsection (a) of section five thousand one hundred two of this article upon findings reached after investigation pursuant to this section. Such regulations shall ensure the same or greater due process provisions, including notice and opportunity to be heard, as those afforded physicians inves- tigated under article two of the workers' compensation law and shall include provision for notice to all providers of health services of the provisions of this section and regulations promulgated thereunder at least ninety days in advance of the effective date of such regulations] AS USED IN THIS SECTION, "HEALTH SERVICES" MEANS SERVICES, SUPPLIES, THERAPIES, OR OTHER TREATMENTS AS SPECIFIED IN SUBPARAGRAPH (I), (II), OR (IV) OF PARAGRAPH ONE OF SUBSECTION (A) OF SECTION FIVE THOUSAND ONE HUNDRED TWO OF THIS ARTICLE. (b) [The commissioner of health and the commissioner of education shall provide a list of the names of all providers of health services who the commissioner of health and the commissioner of education shall deem, after reasonable investigation, not authorized to demand or request any payment for medical services in connection with any claim under this article because such] THE SUPERINTENDENT MAY PROHIBIT A provider of health services FROM DEMANDING OR REQUESTING PAYMENT FOR HEALTH SERVICES RENDERED UNDER THIS ARTICLE, FOR A PERIOD SPECIFIED BY THE SUPERINTENDENT, IF THE SUPERINTENDENT DETERMINES, AFTER NOTICE AND HEARING, THAT THE PROVIDER OF HEALTH SERVICES: (1) has ADMITTED TO, OR been FOUND guilty of, professional [or other] misconduct [or incompetency], AS DEFINED IN THE EDUCATION LAW, in connection with [medical] HEALTH services rendered under this article; [or] (2) [has exceeded the limits of his or her professional competence in rendering medical care under this article or] has knowingly made a false statement or representation as to a material fact in any medical report S. 6357 61 A. 8557 made, OR DOCUMENT SUBMITTED, in connection with any claim under this article; or (3) solicited, or [has] employed another PERSON to solicit for [himself or herself] THE PROVIDER OF HEALTH SERVICES or [for] another INDIVIDUAL OR ENTITY, professional treatment, examination or care of [an injured] A person in connection with any claim under this article; [or] (4) [has] refused to appear before, or [to] answer ANY QUESTION upon request of, the [commissioner of health, the] superintendent[,] or any duly authorized officer of [the] THIS state, [any legal question,] or REFUSED to produce any relevant information concerning [his or her] THE conduct OF THE PROVIDER OF HEALTH SERVICES in connection with [rendering medical] HEALTH services RENDERED under this article; [or] (5) [has] engaged in [patterns] A PATTERN of billing for: (A) HEALTH services [which] ALLEGED TO HAVE BEEN RENDERED UNDER THIS ARTICLE, WHEN THE HEALTH SERVICES were not [provided.] RENDERED; OR (B) UNNECESSARY HEALTH SERVICES; (6) UTILIZED UNLICENSED PERSONS TO RENDER HEALTH SERVICES UNDER THIS ARTICLE, WHEN ONLY A PERSON LICENSED IN THIS STATE MAY RENDER THE HEALTH SERVICES; (7) UTILIZED LICENSED PERSONS TO RENDER HEALTH SERVICES, WHEN RENDER- ING THE HEALTH SERVICES IS BEYOND THE AUTHORIZED SCOPE OF THE PERSON'S LICENSE; (8) DIRECTLY OR INDIRECTLY CEDED OWNERSHIP OR CONTROL OF A BUSINESS ENTITY AUTHORIZED TO PROVIDE PROFESSIONAL HEALTH SERVICES IN THIS STATE, INCLUDING A PROFESSIONAL SERVICE CORPORATION, PROFESSIONAL LIMITED LIABILITY COMPANY, OR REGISTERED LIMITED LIABILITY PARTNERSHIP, TO A PERSON NOT LICENSED TO RENDER THE HEALTH SERVICES WHICH THE ENTITY IS LEGALLY AUTHORIZED TO PROVIDE, EXCEPT WHERE THE UNLICENSED PERSON'S OWNERSHIP OR CONTROL IS OTHERWISE PERMITTED BY LAW; (9) HAS BEEN CONVICTED OF OR PLED GUILTY TO ANY CRIME OR VIOLATION OF THE PENAL LAW IN CONNECTION WITH HEALTH SERVICES RENDERED UNDER THIS ARTICLE; (10) HAS BEEN CONVICTED OF A CRIME INVOLVING FRAUDULENT OR DISHONEST PRACTICES; OR (11) VIOLATED ANY PROVISION OF THIS ARTICLE OR REGULATIONS PROMULGATED THEREUNDER. (c) [Providers] A PROVIDER of health services shall [refrain from subsequently treating for remuneration, as a private patient, any person seeking medical treatment] NOT DEMAND OR REQUEST PAYMENT FROM THE PATIENT, ANY INSURER, OR ANY OTHER PERSON FOR ANY HEALTH SERVICES under this article [if such provider pursuant to this section has been prohib- ited from demanding or requesting any payment for medical services under this article. An injured claimant so treated or examined may raise this as] THAT ARE RENDERED DURING THE TERM OF THE PROHIBITION ORDERED BY THE SUPERINTENDENT PURSUANT TO SUBSECTION (B) OF THIS SECTION. THE PROHIBI- TION ORDERED BY THE SUPERINTENDENT MAY BE a defense in any action by [such] THE provider OF HEALTH SERVICES for payment for [treatment rendered at any time after such provider has been prohibited from demanding or requesting payment for medical services in connection with any claim under this article] SUCH HEALTH SERVICES. (d) The [commissioner of health and the commissioner of education] SUPERINTENDENT shall maintain [and regularly update] a database contain- ing a list of providers of health services prohibited by this section from demanding or requesting any payment for health services [connected to a claim] RENDERED under this article and shall make [such] THE infor- S. 6357 62 A. 8557 mation available to the public [by means of a website and by a toll free number]. (e) THE SUPERINTENDENT MAY LEVY A CIVIL PENALTY NOT EXCEEDING TEN THOUSAND DOLLARS FOR EACH OFFENSE ON ANY PROVIDER OF HEALTH SERVICES THAT THE SUPERINTENDENT PROHIBITS FROM DEMANDING OR REQUESTING PAYMENT FOR HEALTH SERVICES PURSUANT TO SUBSECTION (B) OF THIS SECTION. ANY CIVIL PENALTY IMPOSED FOR A FRAUDULENT INSURANCE ACT AS DEFINED IN SECTION 176.05 OF THE PENAL LAW SHALL BE LEVIED PURSUANT TO ARTICLE FOUR OF THIS CHAPTER. (F) Nothing in this section shall be construed as limiting in any respect the powers and duties of the commissioner of health, commission- er of education or the superintendent to investigate instances of misconduct by a [health care] provider [and, after a hearing and upon written notice to the provider, to temporarily prohibit a provider of health services under such investigation from demanding or requesting any payment for medical services under this article for up to ninety days from the date of such notice] OF HEALTH SERVICES AND TAKE APPROPRI- ATE ACTION PURSUANT TO ANY OTHER PROVISION OF LAW. A DETERMINATION OF THE SUPERINTENDENT PURSUANT TO SUBSECTION (B) OF THIS SECTION SHALL NOT BE BINDING UPON THE COMMISSIONER OF HEALTH OR COMMISSIONER OF EDUCATION IN A PROFESSIONAL DISCIPLINE PROCEEDING RELATING TO THE SAME CONDUCT. S 3. Paragraph 1 of subsection (a) of section 308 of the insurance law, as amended by chapter 499 of the laws of 2009, is amended to read as follows: (1) The superintendent may also address to any health maintenance organization, life settlement provider, life settlement intermediary or its officers, ANY PROVIDER OF HEALTH SERVICES WHO DEMANDS OR REQUESTS PAYMENT FOR HEALTH SERVICES RENDERED UNDER ARTICLE FIFTY-ONE OF THIS CHAPTER, or any authorized insurer or rate service organization, or officers thereof, any inquiry in relation to its transactions or condi- tion or any matter connected therewith. Every corporation or person so addressed shall reply in writing to such inquiry promptly and truthful- ly, and such reply shall be, if required by the superintendent, subscribed by such individual, or by such officer or officers of a corporation, as the superintendent shall designate, and affirmed by them as true under the penalties of perjury. S 4. The insurance law is amended by adding a new section 5110 to read as follows: S 5110. EXAMINATIONS OF PROVIDERS OF HEALTH SERVICES; WHEN AUTHORIZED OR REQUIRED. (A) THE SUPERINTENDENT MAY MAKE AN EXAMINATION, INCLUDING AN AUDIT OR UNANNOUNCED INSPECTION, INTO THE AFFAIRS OF ANY PROVIDER OF HEALTH SERVICES THAT DEMANDS OR REQUESTS PAYMENT FOR HEALTH SERVICES RENDERED UNDER THIS ARTICLE AS OFTEN AS THE SUPERINTENDENT DEEMS IT EXPEDIENT FOR THE PROTECTION OF THE INTERESTS OF THE PEOPLE OF THIS STATE. AS USED IN THIS SECTION, "HEALTH SERVICES" MEANS SERVICES, SUPPLIES, THERAPIES, OR OTHER TREATMENTS AS SPECIFIED IN SUBPARAGRAPH (I), (II), OR (IV) OF PARAGRAPH ONE OF SUBSECTION (A) OF SECTION FIVE THOUSAND ONE HUNDRED TWO OF THIS ARTICLE. (B)(1) WHENEVER THE SUPERINTENDENT SHALL DETERMINE TO EXAMINE THE AFFAIRS OF ANY PROVIDER OF HEALTH SERVICES, THE SUPERINTENDENT SHALL MAKE AN ORDER INDICATING THE SCOPE OF THE EXAMINATION AND MAY APPOINT AS EXAMINERS ONE OR MORE PERSONS NOT EMPLOYED BY ANY PROVIDER OF HEALTH SERVICES OR INSURER OR INTERESTED IN ANY PROVIDER OF HEALTH SERVICES OR INSURER, EXCEPT AS A POLICYHOLDER. A COPY OF SUCH ORDER SHALL UPON DEMAND BE EXHIBITED TO THE PROVIDER OF HEALTH SERVICES WHOSE AFFAIRS ARE TO BE EXAMINED BEFORE THE EXAMINATION BEGINS. S. 6357 63 A. 8557 (2) ANY EXAMINER AUTHORIZED BY THE SUPERINTENDENT SHALL BE GIVEN CONVENIENT ACCESS AT ALL REASONABLE HOURS TO THE BOOKS, RECORDS, FILES, SECURITIES AND OTHER DOCUMENTS OF SUCH PROVIDER OF HEALTH SERVICES THAT ARE RELEVANT TO THE EXAMINATION, AND SHALL HAVE POWER TO ADMINISTER OATHS AND TO EXAMINE UNDER OATH ANY OFFICER OR AGENT OF SUCH PROVIDER OF HEALTH SERVICES, AND ANY OTHER PERSON HAVING CUSTODY OR CONTROL OF SUCH DOCUMENTS, REGARDING ANY MATTER RELEVANT TO THE EXAMINATION. (3) THE OFFICERS AND AGENTS OF SUCH PROVIDER OF HEALTH SERVICES SHALL FACILITATE SUCH EXAMINATION AND AID SUCH EXAMINERS IN CONDUCTING THE SAME SO FAR AS IT IS IN THEIR POWER TO DO SO. (4) THE REFUSAL OF ANY PROVIDER OF HEALTH SERVICES TO SUBMIT TO EXAM- INATION SHALL BE GROUNDS FOR THE SUPERINTENDENT PROHIBITING THE PROVIDER OF HEALTH SERVICES FROM DEMANDING OR REQUESTING PAYMENT FOR HEALTH SERVICES RENDERED UNDER THIS ARTICLE PURSUANT TO SECTION FIVE THOUSAND ONE HUNDRED NINE OF THIS ARTICLE. (5) AN EXAMINATION SHALL BE CONDUCTED CONSISTENT WITH ALL APPLICABLE STATE AND FEDERAL PRIVACY LAWS. (6) THIS SECTION SHALL NOT APPLY TO A GENERAL HOSPITAL, AS DEFINED IN SUBDIVISION TEN OF SECTION TWO THOUSAND EIGHT HUNDRED ONE OF THE PUBLIC HEALTH LAW, OR A PROVIDER OF HEALTH SERVICES THAT SUBMITTED LESS THAN FIFTY CLAIMS IN THE PRIOR CALENDAR YEAR FOR HEALTH SERVICES RENDERED UNDER THIS ARTICLE. S 5. This act shall take effect immediately; provided, however, that sections one and two of this act shall take effect on the sixtieth day after it shall have become a law. PART U Section 1. Paragraphs 11, 12, 13, 14, 16 and 17 of subsection (a) of section 3217-a of the insurance law, as added by chapter 705 of the laws of 1996, are amended and four new paragraphs 16-a, 18, 19 and 20 are added to read as follows: (11) where applicable, notice that an insured enrolled in a managed care product OR IN A COMPREHENSIVE POLICY THAT UTILIZES A NETWORK OF PROVIDERS offered by the insurer may obtain a referral [to] OR PREAU- THORIZATION FOR a health care provider outside of the insurer's network or panel when the insurer does not have a health care provider [with] WHO IS GEOGRAPHICALLY ACCESSIBLE TO THE INSURED AND WHO HAS THE appro- priate ESSENTIAL LEVEL OF training and experience in the network or panel to meet the particular health care needs of the insured and the procedure by which the insured can obtain such referral OR PREAUTHORI- ZATION; (12) where applicable, notice that an insured enrolled in a managed care product OR A COMPREHENSIVE POLICY THAT UTILIZES A NETWORK OF PROVIDERS offered by the insurer with a condition which requires ongoing care from a specialist may request a standing referral to such a specialist and the procedure for requesting and obtaining such a stand- ing referral; (13) where applicable, notice that an insured enrolled in a managed care product OR A COMPREHENSIVE POLICY THAT UTILIZES A NETWORK OF PROVIDERS offered by the insurer with [(i)] (A) a life-threatening condition or disease, or [(ii)] (B) a degenerative and disabling condi- tion or disease, either of which requires specialized medical care over a prolonged period of time may request a specialist responsible for providing or coordinating the insured's medical care and the procedure for requesting and obtaining such a specialist; S. 6357 64 A. 8557 (14) where applicable, notice that an insured enrolled in a managed care product OR A COMPREHENSIVE POLICY THAT UTILIZES A NETWORK OF PROVIDERS offered by the insurer with [(i)] (A) a life-threatening condition or disease, or [(ii)] (B) a degenerative and disabling condi- tion or disease, either of which requires specialized medical care over a prolonged period of time, may request access to a specialty care center and the procedure by which such access may be obtained; (16) notice of all appropriate mailing addresses and telephone numbers to be utilized by insureds seeking information or authorization; [and] (16-A) WHERE APPLICABLE, NOTICE THAT AN INSURED SHALL HAVE DIRECT ACCESS TO PRIMARY AND PREVENTIVE OBSTETRIC AND GYNECOLOGIC SERVICES, INCLUDING ANNUAL EXAMINATIONS, CARE RESULTING FROM SUCH ANNUAL EXAMINA- TIONS, AND TREATMENT OF ACUTE GYNECOLOGIC CONDITIONS, FROM A QUALIFIED PROVIDER OF SUCH SERVICES OF HER CHOICE FROM WITHIN THE PLAN OR FOR ANY CARE RELATED TO A PREGNANCY; (17) where applicable, a listing by specialty, which may be in a sepa- rate document that is updated annually, of the name, address, and tele- phone number of all participating providers, including facilities, and in addition, in the case of physicians, board certification[.], LANGUAGES SPOKEN AND ANY AFFILIATIONS WITH PARTICIPATING HOSPITALS. THE LISTING SHALL ALSO BE POSTED ON THE INSURER'S WEBSITE AND THE INSURER SHALL UPDATE THE WEBSITE WITHIN FIFTEEN DAYS OF THE ADDITION OR TERMI- NATION OF A PROVIDER FROM THE INSURER'S NETWORK OR A CHANGE IN A PHYSI- CIAN'S HOSPITAL AFFILIATION; (18) A DESCRIPTION OF THE METHOD BY WHICH AN INSURED MAY SUBMIT A CLAIM FOR HEALTH CARE SERVICES; (19) WHERE APPLICABLE, WITH RESPECT TO OUT-OF-NETWORK COVERAGE: (A) A CLEAR DESCRIPTION OF THE METHODOLOGY USED BY THE INSURER TO DETERMINE REIMBURSEMENT FOR OUT-OF-NETWORK HEALTH CARE SERVICES; (B) A DESCRIPTION OF THE AMOUNT THAT THE INSURER WILL REIMBURSE UNDER THE METHODOLOGY FOR OUT-OF-NETWORK HEALTH CARE SERVICES SET FORTH AS A PERCENTAGE OF THE USUAL AND CUSTOMARY COST FOR OUT-OF-NETWORK HEALTH CARE SERVICES; AND (C) EXAMPLES OF ANTICIPATED OUT-OF-POCKET COSTS FOR FREQUENTLY BILLED OUT-OF-NETWORK HEALTH CARE SERVICES; AND (20) INFORMATION IN WRITING AND THROUGH AN INTERNET WEBSITE THAT REASONABLY PERMITS AN INSURED OR PROSPECTIVE INSURED TO DETERMINE THE ANTICIPATED OUT-OF-POCKET COST FOR OUT-OF-NETWORK HEALTH CARE SERVICES IN A GEOGRAPHICAL AREA OR ZIP CODE BASED UPON THE DIFFERENCE BETWEEN WHAT THE INSURER WILL REIMBURSE FOR OUT-OF-NETWORK HEALTH CARE SERVICES AND THE USUAL AND CUSTOMARY COST FOR OUT-OF-NETWORK HEALTH CARE SERVICES. S 2. Paragraphs 11 and 12 of subsection (b) of section 3217-a of the insurance law, as added by chapter 705 of the laws of 1996, are amended and two new paragraphs 13 and 14 are added to read as follows: (11) where applicable, provide the written application procedures and minimum qualification requirements for health care providers to be considered by the insurer for participation in the insurer's network for a managed care product; [and] (12) disclose such other information as required by the superinten- dent, provided that such requirements are promulgated pursuant to the state administrative procedure act[.]; (13) DISCLOSE WHETHER A HEALTH CARE PROVIDER SCHEDULED TO PROVIDE A HEALTH CARE SERVICE IS AN IN-NETWORK PROVIDER; AND S. 6357 65 A. 8557 (14) WHERE APPLICABLE, WITH RESPECT TO OUT-OF-NETWORK COVERAGE, DISCLOSE THE DOLLAR AMOUNT THAT THE INSURER WILL PAY FOR A SPECIFIC OUT-OF-NETWORK HEALTH CARE SERVICE. S 3. Section 3217-a of the insurance law is amended by adding a new subsection (f) to read as follows: (F) FOR PURPOSES OF THIS SECTION, "USUAL AND CUSTOMARY COST" SHALL MEAN THE EIGHTIETH PERCENTILE OF ALL CHARGES FOR THE PARTICULAR HEALTH CARE SERVICE PERFORMED BY A PROVIDER IN THE SAME OR SIMILAR SPECIALTY AND PROVIDED IN THE SAME GEOGRAPHICAL AREA AS REPORTED IN A BENCHMARKING DATABASE MAINTAINED BY A NONPROFIT ORGANIZATION SPECIFIED BY THE SUPER- INTENDENT. THE NONPROFIT ORGANIZATION SHALL NOT BE AFFILIATED WITH AN INSURER, A CORPORATION SUBJECT TO ARTICLE FORTY-THREE OF THIS CHAPTER, A MUNICIPAL COOPERATIVE HEALTH BENEFIT PLAN CERTIFIED PURSUANT TO ARTICLE FORTY-SEVEN OF THIS CHAPTER, OR A HEALTH MAINTENANCE ORGANIZATION CERTI- FIED PURSUANT TO ARTICLE FORTY-FOUR OF THE PUBLIC HEALTH LAW. S 4. Section 3217-d of the insurance law is amended by adding a new subsection (d) to read as follows: (D) AN INSURER THAT ISSUES A COMPREHENSIVE POLICY THAT UTILIZES A NETWORK OF PROVIDERS AND IS NOT A MANAGED CARE HEALTH INSURANCE CONTRACT AS DEFINED IN SUBSECTION (C) OF SECTION FOUR THOUSAND EIGHT HUNDRED ONE OF THIS CHAPTER, SHALL PROVIDE ACCESS TO OUT-OF-NETWORK SERVICES CONSISTENT WITH THE REQUIREMENTS OF SUBSECTION (A) OF SECTION FOUR THOU- SAND EIGHT HUNDRED FOUR OF THIS CHAPTER, SUBSECTIONS (G-6) AND (G-7) OF SECTION FOUR THOUSAND NINE HUNDRED OF THIS CHAPTER, SUBSECTIONS (A-1) AND (A-2) OF SECTION FOUR THOUSAND NINE HUNDRED FOUR OF THIS CHAPTER, PARAGRAPHS THREE AND FOUR OF SUBSECTION (B) OF SECTION FOUR THOUSAND NINE HUNDRED TEN OF THIS CHAPTER, AND SUBPARAGRAPHS (C) AND (D) OF PARA- GRAPH FOUR OF SUBSECTION (B) OF SECTION FOUR THOUSAND NINE HUNDRED FOUR- TEEN OF THIS CHAPTER. S 5. Section 3224-a of the insurance law is amended by adding a new subsection (j) to read as follows: (J) AN INSURER OR AN ORGANIZATION OR CORPORATION LICENSED OR CERTIFIED PURSUANT TO ARTICLE FORTY-THREE OR FORTY-SEVEN OF THIS CHAPTER OR ARTI- CLE FORTY-FOUR OF THE PUBLIC HEALTH LAW OR A STUDENT HEALTH PLAN ESTAB- LISHED OR MAINTAINED PURSUANT TO SECTION ONE THOUSAND ONE HUNDRED TWEN- TY-FOUR OF THIS CHAPTER SHALL ACCEPT CLAIMS SUBMITTED BY A POLICYHOLDER OR COVERED PERSON, IN WRITING, INCLUDING THROUGH THE INTERNET, BY ELEC- TRONIC MAIL OR BY FACSIMILE. S 6. The insurance law is amended by adding a new section 3241 to read as follows: S 3241. NETWORK COVERAGE. (A) AN INSURER, A CORPORATION ORGANIZED PURSUANT TO ARTICLE FORTY-THREE OF THIS CHAPTER, A MUNICIPAL COOPERATIVE HEALTH BENEFIT PLAN CERTIFIED PURSUANT TO ARTICLE FORTY-SEVEN OF THIS CHAPTER, OR A STUDENT HEALTH PLAN ESTABLISHED OR MAINTAINED PURSUANT TO SECTION ONE THOUSAND ONE HUNDRED TWENTY-FOUR OF THIS CHAPTER, THAT ISSUES A HEALTH INSURANCE POLICY OR CONTRACT WITH A NETWORK OF HEALTH CARE PROVIDERS SHALL ENSURE THAT THE NETWORK IS ADEQUATE TO MEET THE HEALTH NEEDS OF INSUREDS AND PROVIDE AN APPROPRIATE CHOICE OF PROVIDERS SUFFICIENT TO RENDER THE SERVICES COVERED UNDER THE POLICY OR CONTRACT. THE SUPERINTENDENT SHALL REVIEW THE NETWORK OF HEALTH CARE PROVIDERS FOR ADEQUACY AT THE TIME OF THE SUPERINTENDENT'S INITIAL APPROVAL OF A HEALTH INSURANCE POLICY OR CONTRACT; AT LEAST EVERY THREE YEARS THERE- AFTER; AND UPON APPLICATION FOR EXPANSION OF ANY SERVICE AREA ASSOCIATED WITH THE POLICY OR CONTRACT IN CONFORMANCE WITH THE STANDARDS SET FORTH IN SUBDIVISION FIVE OF SECTION FOUR THOUSAND FOUR HUNDRED THREE OF THE PUBLIC HEALTH LAW. TO THE EXTENT THAT THE NETWORK HAS BEEN DETERMINED S. 6357 66 A. 8557 BY THE COMMISSIONER OF HEALTH TO MEET THE STANDARDS SET FORTH IN SUBDI- VISION FIVE OF SECTION FOUR THOUSAND FOUR HUNDRED THREE OF THE PUBLIC HEALTH LAW, SUCH NETWORK SHALL BE DEEMED ADEQUATE BY THE SUPERINTENDENT. (B)(1) AN INSURER, A CORPORATION ORGANIZED PURSUANT TO ARTICLE FORTY- THREE OF THIS CHAPTER, A MUNICIPAL COOPERATIVE HEALTH BENEFIT PLAN CERTIFIED PURSUANT TO ARTICLE FORTY-SEVEN OF THIS CHAPTER, A HEALTH MAINTENANCE ORGANIZATION CERTIFIED PURSUANT TO ARTICLE FORTY-FOUR OF THE PUBLIC HEALTH LAW OR A STUDENT HEALTH PLAN ESTABLISHED OR MAINTAINED PURSUANT TO SECTION ONE THOUSAND ONE HUNDRED TWENTY-FOUR OF THIS CHAP- TER, THAT ISSUES A COMPREHENSIVE GROUP OR GROUP REMITTANCE HEALTH INSUR- ANCE POLICY OR CONTRACT THAT COVERS OUT-OF-NETWORK HEALTH CARE SERVICES SHALL MAKE AVAILABLE AND, IF REQUESTED BY THE POLICYHOLDER OR CONTRACT- HOLDER, PROVIDE COVERAGE FOR AT LEAST SEVENTY PERCENT OF THE USUAL AND CUSTOMARY COST OF EACH OUT-OF-NETWORK HEALTH CARE SERVICE AFTER IMPOSI- TION OF A DEDUCTIBLE OR ANY PERMISSIBLE BENEFIT MAXIMUM. (2) FOR THE PURPOSES OF THIS SUBSECTION, "USUAL AND CUSTOMARY COST" SHALL MEAN THE EIGHTIETH PERCENTILE OF ALL CHARGES FOR THE PARTICULAR HEALTH CARE SERVICE PERFORMED BY A PROVIDER IN THE SAME OR SIMILAR SPECIALTY AND PROVIDED IN THE SAME GEOGRAPHICAL AREA AS REPORTED IN A BENCHMARKING DATABASE MAINTAINED BY A NONPROFIT ORGANIZATION SPECIFIED BY THE SUPERINTENDENT. THE NONPROFIT ORGANIZATION SHALL NOT BE AFFIL- IATED WITH AN INSURER, A CORPORATION SUBJECT TO ARTICLE FORTY-THREE OF THIS CHAPTER, A MUNICIPAL COOPERATIVE HEALTH BENEFIT PLAN CERTIFIED PURSUANT TO ARTICLE FORTY-SEVEN OF THIS CHAPTER, A HEALTH MAINTENANCE ORGANIZATION CERTIFIED PURSUANT TO ARTICLE FORTY-FOUR OF THE PUBLIC HEALTH LAW OR A STUDENT HEALTH PLAN ESTABLISHED OR MAINTAINED PURSUANT TO SECTION ONE THOUSAND ONE HUNDRED TWENTY-FOUR OF THIS CHAPTER. (3) THIS SUBSECTION SHALL NOT APPLY TO EMERGENCY CARE SERVICES IN HOSPITAL FACILITIES OR PREHOSPITAL EMERGENCY MEDICAL SERVICES AS DEFINED IN CLAUSE (I) OF SUBPARAGRAPH (E) OF PARAGRAPH TWENTY-FOUR OF SUBSECTION (I) OF SECTION THREE THOUSAND TWO HUNDRED SIXTEEN OF THIS ARTICLE, OR CLAUSE (I) OF SUBPARAGRAPH (E) OF PARAGRAPH FIFTEEN OF SUBSECTION (L) OF SECTION THREE THOUSAND TWO HUNDRED TWENTY-ONE OF THIS CHAPTER, OR SUBPARAGRAPH (A) OF PARAGRAPH FIVE OF SUBSECTION (AA) OF SECTION FOUR THOUSAND THREE HUNDRED THREE OF THIS CHAPTER. (4) NOTHING IN THIS SUBSECTION SHALL LIMIT THE SUPERINTENDENT'S AUTHORITY PURSUANT TO SECTION THREE THOUSAND TWO HUNDRED SEVENTEEN OF THIS ARTICLE TO ESTABLISH MINIMUM STANDARDS FOR THE FORM, CONTENT AND SALE OF ACCIDENT AND HEALTH INSURANCE POLICIES AND SUBSCRIBER CONTRACTS, TO REQUIRE ADDITIONAL COVERAGE OPTIONS FOR OUT-OF-NETWORK SERVICES, OR TO PROVIDE FOR STANDARDIZATION AND SIMPLIFICATION OF COVERAGE. (C) WHEN AN INSURED OR ENROLLEE UNDER A CONTRACT OR POLICY THAT PROVIDES COVERAGE FOR EMERGENCY SERVICES RECEIVES THE SERVICES FROM A HEALTH CARE PROVIDER THAT DOES NOT PARTICIPATE IN THE PROVIDER NETWORK OF AN INSURER, A CORPORATION ORGANIZED PURSUANT TO ARTICLE FORTY-THREE OF THIS CHAPTER, A MUNICIPAL COOPERATIVE HEALTH BENEFIT PLAN CERTIFIED PURSUANT TO ARTICLE FORTY-SEVEN OF THIS CHAPTER, A HEALTH MAINTENANCE ORGANIZATION CERTIFIED PURSUANT TO ARTICLE FORTY-FOUR OF THE PUBLIC HEALTH LAW, OR A STUDENT HEALTH PLAN ESTABLISHED OR MAINTAINED PURSUANT TO SECTION ONE THOUSAND ONE HUNDRED TWENTY-FOUR OF THIS CHAPTER ("HEALTH CARE PLAN"), THE HEALTH CARE PLAN SHALL ENSURE THAT THE INSURED OR ENROLLEE SHALL INCUR NO GREATER OUT-OF-POCKET COSTS FOR THE EMERGENCY SERVICES THAN THE INSURED OR ENROLLEE WOULD HAVE INCURRED WITH A HEALTH CARE PROVIDER THAT PARTICIPATES IN THE HEALTH CARE PLAN'S PROVIDER NETWORK. FOR THE PURPOSE OF THIS SECTION, "EMERGENCY SERVICES" SHALL HAVE THE MEANING SET FORTH IN SUBPARAGRAPH (D) OF PARAGRAPH NINE OF S. 6357 67 A. 8557 SUBSECTION (I) OF SECTION THREE THOUSAND TWO HUNDRED SIXTEEN OF THIS ARTICLE, SUBPARAGRAPH (D) OF PARAGRAPH FOUR OF SUBSECTION (K) OF SECTION THREE THOUSAND TWO HUNDRED TWENTY-ONE OF THIS ARTICLE, AND SUBPARAGRAPH (D) OF PARAGRAPH TWO OF SUBSECTION (A) OF SECTION FOUR THOUSAND THREE HUNDRED THREE OF THIS CHAPTER. S 7. Section 4306-c of the insurance law is amended by adding a new subsection (d) to read as follows: (D) A CORPORATION, INCLUDING A MUNICIPAL COOPERATIVE HEALTH BENEFIT PLAN CERTIFIED PURSUANT TO ARTICLE FORTY-SEVEN OF THIS CHAPTER AND A STUDENT HEALTH PLAN ESTABLISHED OR MAINTAINED PURSUANT TO SECTION ONE THOUSAND ONE HUNDRED TWENTY-FOUR OF THIS CHAPTER, THAT ISSUES A COMPRE- HENSIVE POLICY THAT UTILIZES A NETWORK OF PROVIDERS AND IS NOT A MANAGED CARE HEALTH INSURANCE CONTRACT AS DEFINED IN SUBSECTION (C) OF SECTION FOUR THOUSAND EIGHT HUNDRED ONE OF THIS CHAPTER, SHALL PROVIDE ACCESS TO OUT-OF-NETWORK SERVICES CONSISTENT WITH THE REQUIREMENTS OF SUBSECTION (A) OF SECTION FOUR THOUSAND EIGHT HUNDRED FOUR OF THIS CHAPTER, SUBSECTIONS (G-6) AND (G-7) OF SECTION FOUR THOUSAND NINE HUNDRED OF THIS CHAPTER, SUBSECTIONS (A-1) AND (A-2) OF SECTION FOUR THOUSAND NINE HUNDRED FOUR OF THIS CHAPTER, PARAGRAPHS THREE AND FOUR OF SUBSECTION (B) OF SECTION FOUR THOUSAND NINE HUNDRED TEN OF THIS CHAPTER, AND SUBPARAGRAPHS (C) AND (D) OF PARAGRAPH FOUR OF SUBSECTION (B) OF SECTION FOUR THOUSAND NINE HUNDRED FOURTEEN OF THIS CHAPTER. S 8. Paragraphs 11, 12, 13, 14, 16-a, 17, and 18 of subsection (a) of section 4324 of the insurance law, paragraphs 11, 12, 13, 14, 17 and 18 as added by chapter 705 of the laws of 1996, paragraph 16-a as added by chapter 554 of the laws of 2002, are amended and three new paragraphs 19, 20 and 21 are added to read as follows: (11) where applicable, notice that a subscriber enrolled in a managed care product OR IN A COMPREHENSIVE CONTRACT THAT UTILIZES A NETWORK OF PROVIDERS offered by the corporation may obtain a referral [to] OR PREAUTHORIZATION FOR a health care provider outside of the corporation's network or panel when the corporation does not have a health care provider [with] WHO IS GEOGRAPHICALLY ACCESSIBLE TO THE INSURED AND WHO HAS THE appropriate ESSENTIAL LEVEL OF training and experience in the network or panel to meet the particular health care needs of the subscriber and the procedure by which the subscriber can obtain such referral OR PREAUTHORIZATION; (12) where applicable, notice that a subscriber enrolled in a managed care product OR A COMPREHENSIVE CONTRACT THAT UTILIZES A NETWORK OF PROVIDERS offered by the corporation with a condition which requires ongoing care from a specialist may request a standing referral to such a specialist and the procedure for requesting and obtaining such a stand- ing referral; (13) where applicable, notice that a subscriber enrolled in a managed care product OR A COMPREHENSIVE CONTRACT THAT UTILIZES A NETWORK OF PROVIDERS offered by the corporation with (i) a life-threatening condi- tion or disease, or (ii) a degenerative and disabling condition or disease, either of which requires specialized medical care over a prolonged period of time may request a specialist responsible for providing or coordinating the subscriber's medical care and the proce- dure for requesting and obtaining such a specialist; (14) where applicable, notice that a subscriber enrolled in a managed care product OR A COMPREHENSIVE CONTRACT THAT UTILIZES A NETWORK OF PROVIDERS offered by the corporation with [(i)] (A) a life-threatening condition or disease, or [(ii)] (B) a degenerative and disabling condi- tion or disease, either of which requires specialized medical care over S. 6357 68 A. 8557 a prolonged period of time may request access to a specialty care center and the procedure by which such access may be obtained; (16-a) where applicable, notice that an enrollee shall have direct access to primary and preventive obstetric and gynecologic services, INCLUDING ANNUAL EXAMINATIONS, CARE RESULTING FROM SUCH ANNUAL EXAMINA- TIONS, AND TREATMENT OF ACUTE GYNECOLOGIC CONDITIONS, from a qualified provider of such services of her choice from within the plan [for no fewer than two examinations annually for such services] or [to] FOR any care related to A pregnancy [and that additionally, the enrollee shall have direct access to primary and preventive obstetric and gynecologic services required as a result of such annual examinations or as a result of an acute gynecologic condition]; (17) where applicable, a listing by specialty, which may be in a sepa- rate document that is updated annually, of the name, address, and tele- phone number of all participating providers, including facilities, and in addition, in the case of physicians, board certification[; and], LANGUAGES SPOKEN AND ANY AFFILIATIONS WITH PARTICIPATING HOSPITALS. THE LISTING SHALL ALSO BE POSTED ON THE CORPORATION'S WEBSITE AND THE CORPO- RATION SHALL UPDATE THE WEBSITE WITHIN FIFTEEN DAYS OF THE ADDITION OR TERMINATION OF A PROVIDER FROM THE CORPORATION'S NETWORK OR A CHANGE IN A PHYSICIAN'S HOSPITAL AFFILIATION; (18) a description of the mechanisms by which subscribers may partic- ipate in the development of the policies of the corporation[.]; (19) A DESCRIPTION OF THE METHOD BY WHICH A SUBSCRIBER MAY SUBMIT A CLAIM FOR HEALTH CARE SERVICES; (20) WHERE APPLICABLE, WITH RESPECT TO OUT-OF-NETWORK COVERAGE: (A) A CLEAR DESCRIPTION OF THE METHODOLOGY USED BY THE CORPORATION TO DETERMINE REIMBURSEMENT FOR OUT-OF-NETWORK HEALTH CARE SERVICES; (B) A DESCRIPTION OF THE AMOUNT THAT THE CORPORATION WILL REIMBURSE UNDER THE METHODOLOGY FOR OUT-OF-NETWORK HEALTH CARE SERVICES SET FORTH AS A PERCENTAGE OF THE USUAL AND CUSTOMARY COST FOR OUT-OF-NETWORK HEALTH CARE SERVICES; AND (C) EXAMPLES OF ANTICIPATED OUT-OF-POCKET COSTS FOR FREQUENTLY BILLED OUT-OF-NETWORK HEALTH CARE SERVICES; AND (21) INFORMATION IN WRITING AND THROUGH AN INTERNET WEBSITE THAT REASONABLY PERMITS A SUBSCRIBER OR PROSPECTIVE SUBSCRIBER TO DETERMINE THE ANTICIPATED OUT-OF-POCKET COST FOR OUT-OF-NETWORK HEALTH CARE SERVICES IN A GEOGRAPHICAL AREA OR ZIP CODE BASED UPON THE DIFFERENCE BETWEEN WHAT THE CORPORATION WILL REIMBURSE FOR OUT-OF-NETWORK HEALTH CARE SERVICES AND THE USUAL AND CUSTOMARY COST FOR OUT-OF-NETWORK HEALTH CARE SERVICES. S 9. Paragraphs 11 and 12 of subsection (b) of section 4324 of the insurance law, as added by chapter 705 of the laws of 1996, are amended and two new paragraphs 13 and 14 are added to read as follows: (11) where applicable, provide the written application procedures and minimum qualification requirements for health care providers to be considered by the corporation for participation in the corporation's network for a managed care product; [and] (12) disclose such other information as required by the superinten- dent, provided that such requirements are promulgated pursuant to the state administrative procedure act[.]; (13) DISCLOSE WHETHER A HEALTH CARE PROVIDER SCHEDULED TO PROVIDE A HEALTH CARE SERVICE IS AN IN-NETWORK PROVIDER; AND (14) WHERE APPLICABLE, WITH RESPECT TO OUT-OF-NETWORK COVERAGE, DISCLOSE THE DOLLAR AMOUNT THAT THE CORPORATION WILL PAY FOR A SPECIFIC OUT-OF-NETWORK HEALTH CARE SERVICE. S. 6357 69 A. 8557 S 10. Section 4324 of the insurance law is amended by adding a new subsection (f) to read as follows: (F) FOR PURPOSES OF THIS SECTION, "USUAL AND CUSTOMARY COST" SHALL MEAN THE EIGHTIETH PERCENTILE OF ALL CHARGES FOR THE PARTICULAR HEALTH CARE SERVICE PERFORMED BY A PROVIDER IN THE SAME OR SIMILAR SPECIALTY AND PROVIDED IN THE SAME GEOGRAPHICAL AREA AS REPORTED IN A BENCHMARKING DATABASE MAINTAINED BY A NONPROFIT ORGANIZATION SPECIFIED BY THE SUPER- INTENDENT. THE NONPROFIT ORGANIZATION SHALL NOT BE AFFILIATED WITH AN INSURER, A CORPORATION SUBJECT TO THIS ARTICLE, A MUNICIPAL COOPERATIVE HEALTH BENEFIT PLAN CERTIFIED PURSUANT TO ARTICLE FORTY-SEVEN OF THIS CHAPTER, OR A HEALTH MAINTENANCE ORGANIZATION CERTIFIED PURSUANT TO ARTICLE FORTY-FOUR OF THE PUBLIC HEALTH LAW. S 10-a. Subsection (a) of section 4804 of the insurance law, as added by chapter 705 of the laws of 1996, is amended to read as follows: (a) If an insurer offering a managed care product determines that it does not have a health care provider in the in-network benefits portion of its network with appropriate training and experience to meet the particular health care needs of an insured, the insurer shall make a referral to an appropriate provider, pursuant to a treatment plan approved by the insurer in consultation with the primary care provider, the non-participating provider and the insured or the insured's desig- nee, at no additional cost to the insured beyond what the insured would otherwise pay for services received within the network. NOTHING IN THIS SUBSECTION SHALL BE CONSTRUED TO ENTITLE AN INSURED TO A REFERRAL TO THE INSURED'S PREFERRED PROVIDER, WHERE THAT PROVIDER IS OUT-OF-NETWORK. THE PROVISIONS OF THIS SUBSECTION SHALL ONLY APPLY IF THERE IS NO IN-NETWORK PROVIDER GEOGRAPHICALLY ACCESSIBLE TO THE INSURED WHO HAS THE APPROPRIATE ESSENTIAL LEVEL OF TRAINING AND EXPERIENCE TO MEET THE PARTICULAR NEEDS OF THE INSURED. S 11. Subsection (g-7) of section 4900 of the insurance law is redes- ignated subsection (g-8) and a new subsection (g-7) is added to read as follows: (G-7) "OUT-OF-NETWORK REFERRAL DENIAL" MEANS A DENIAL UNDER A MANAGED CARE PRODUCT AS DEFINED IN SUBSECTION (C) OF SECTION FOUR THOUSAND EIGHT HUNDRED ONE OF THIS CHAPTER OF A REQUEST FOR AN AUTHORIZATION OR REFER- RAL TO AN OUT-OF-NETWORK PROVIDER ON THE BASIS THAT THE HEALTH CARE PLAN HAS A HEALTH CARE PROVIDER IN THE IN-NETWORK BENEFITS PORTION OF ITS NETWORK WITH APPROPRIATE TRAINING AND EXPERIENCE TO MEET THE PARTICULAR HEALTH CARE NEEDS OF AN INSURED, AND WHO IS ABLE TO PROVIDE THE REQUESTED HEALTH SERVICE. THE NOTICE OF AN OUT-OF-NETWORK REFERRAL DENIAL PROVIDED TO AN INSURED SHALL INCLUDE INFORMATION EXPLAINING WHAT INFORMATION THE INSURED MUST SUBMIT IN ORDER TO APPEAL THE OUT-OF-NET- WORK REFERRAL DENIAL PURSUANT TO SUBSECTION (A-2) OF SECTION FOUR THOU- SAND NINE HUNDRED FOUR OF THIS ARTICLE. AN OUT-OF-NETWORK REFERRAL DENIAL UNDER THIS SUBSECTION DOES NOT CONSTITUTE AN ADVERSE DETERMI- NATION AS DEFINED IN THIS ARTICLE. AN OUT-OF-NETWORK REFERRAL DENIAL SHALL NOT BE CONSTRUED TO INCLUDE AN OUT-OF-NETWORK DENIAL AS DEFINED IN SUBSECTION (G-6) OF THIS SECTION. S 12. Subsection (b) of section 4903 of the insurance law, as amended by chapter 514 of the laws of 2013, is amended to read as follows: (b) A utilization review agent shall make a utilization review deter- mination involving health care services which require pre-authorization and provide notice of a determination to the insured or insured's desig- nee and the insured's health care provider by telephone and in writing within three business days of receipt of the necessary information. To the extent practicable, such written notification to the enrollee's S. 6357 70 A. 8557 health care provider shall be transmitted electronically, in a manner and in a form agreed upon by the parties. THE NOTIFICATION SHALL IDEN- TIFY: (1) WHETHER THE SERVICES ARE CONSIDERED IN-NETWORK OR OUT-OF-NET- WORK; (2) WHETHER THE INSURED WILL BE HELD HARMLESS FOR THE SERVICES AND NOT BE RESPONSIBLE FOR ANY PAYMENT, OTHER THAN ANY APPLICABLE CO-PAY- MENT, CO-INSURANCE OR DEDUCTIBLE; (3) AS APPLICABLE, THE DOLLAR AMOUNT THE HEALTH CARE PLAN WILL PAY IF THE SERVICE IS OUT-OF-NETWORK; AND (4) AS APPLICABLE, INFORMATION EXPLAINING HOW AN INSURED MAY DETERMINE THE ANTICIPATED OUT-OF-POCKET COST FOR OUT-OF-NETWORK HEALTH CARE SERVICES IN A GEOGRAPHICAL AREA OR ZIP CODE BASED UPON THE DIFFERENCE BETWEEN WHAT THE HEALTH CARE PLAN WILL REIMBURSE FOR OUT-OF-NETWORK HEALTH CARE SERVICES AND THE USUAL AND CUSTOMARY COST FOR OUT-OF-NETWORK HEALTH CARE SERVICES. S 13. Section 4904 of the insurance law is amended by adding a new subsection (a-2) to read as follows: (A-2) AN INSURED OR THE INSURED'S DESIGNEE MAY APPEAL AN OUT-OF-NET- WORK REFERRAL DENIAL BY A HEALTH CARE PLAN BY SUBMITTING A WRITTEN STATEMENT FROM THE INSURED'S ATTENDING PHYSICIAN, WHO MUST BE A LICENSED, BOARD CERTIFIED OR BOARD ELIGIBLE PHYSICIAN QUALIFIED TO PRAC- TICE IN THE SPECIALTY AREA OF PRACTICE APPROPRIATE TO TREAT THE INSURED FOR THE HEALTH SERVICE SOUGHT, PROVIDED THAT: (1) THE IN-NETWORK HEALTH CARE PROVIDER OR PROVIDERS RECOMMENDED BY THE HEALTH CARE PLAN DO NOT HAVE THE APPROPRIATE TRAINING AND EXPERIENCE TO MEET THE PARTICULAR HEALTH CARE NEEDS OF THE INSURED FOR THE HEALTH SERVICE; AND (2) RECOM- MENDS AN OUT-OF-NETWORK PROVIDER WITH THE APPROPRIATE TRAINING AND EXPE- RIENCE TO MEET THE PARTICULAR HEALTH CARE NEEDS OF THE INSURED, AND WHO IS ABLE TO PROVIDE THE REQUESTED HEALTH SERVICE. S 14. Subsection (b) of section 4910 of the insurance law is amended by adding a new paragraph 4 to read as follows: (4)(A) THE INSURED HAS HAD AN OUT-OF-NETWORK REFERRAL DENIED ON THE GROUNDS THAT THE HEALTH CARE PLAN HAS A HEALTH CARE PROVIDER IN THE IN-NETWORK BENEFITS PORTION OF ITS NETWORK WITH APPROPRIATE TRAINING AND EXPERIENCE TO MEET THE PARTICULAR HEALTH CARE NEEDS OF AN INSURED, AND WHO IS ABLE TO PROVIDE THE REQUESTED HEALTH SERVICE. (B) THE INSURED'S ATTENDING PHYSICIAN, WHO SHALL BE A LICENSED, BOARD CERTIFIED OR BOARD ELIGIBLE PHYSICIAN QUALIFIED TO PRACTICE IN THE SPECIALTY AREA OF PRACTICE APPROPRIATE TO TREAT THE INSURED FOR THE HEALTH SERVICE SOUGHT, CERTIFIES THAT THE IN-NETWORK HEALTH CARE PROVID- ER OR PROVIDERS RECOMMENDED BY THE HEALTH CARE PLAN DO NOT HAVE THE APPROPRIATE TRAINING AND EXPERIENCE TO MEET THE PARTICULAR HEALTH CARE NEEDS OF AN INSURED, AND RECOMMENDS AN OUT-OF-NETWORK PROVIDER WITH THE APPROPRIATE TRAINING AND EXPERIENCE TO MEET THE PARTICULAR HEALTH CARE NEEDS OF AN INSURED, AND WHO IS ABLE TO PROVIDE THE REQUESTED HEALTH SERVICE. S 15. Paragraph 4 of subsection (b) of section 4914 of the insurance law is amended by adding a new subparagraph (D) to read as follows: (D) FOR EXTERNAL APPEALS REQUESTED PURSUANT TO PARAGRAPH FOUR OF SUBSECTION (B) OF SECTION FOUR THOUSAND NINE HUNDRED TEN OF THIS TITLE RELATING TO AN OUT-OF-NETWORK REFERRAL DENIAL, THE EXTERNAL APPEAL AGENT SHALL REVIEW THE UTILIZATION REVIEW AGENT'S FINAL ADVERSE DETERMINATION AND, IN ACCORDANCE WITH THE PROVISIONS OF THIS TITLE, SHALL MAKE A DETERMINATION AS TO WHETHER THE OUT-OF-NETWORK REFERRAL SHALL BE COVERED BY THE HEALTH PLAN; PROVIDED THAT SUCH DETERMINATION SHALL: (I) BE CONDUCTED ONLY BY ONE OR A GREATER ODD NUMBER OF CLINICAL PEER REVIEWERS; (II) BE ACCOMPANIED BY A WRITTEN STATEMENT: S. 6357 71 A. 8557 (I) THAT THE OUT-OF-NETWORK REFERRAL SHALL BE COVERED BY THE HEALTH CARE PLAN EITHER WHEN THE REVIEWER OR A MAJORITY OF THE PANEL OF REVIEW- ERS DETERMINES, UPON REVIEW OF THE TRAINING AND EXPERIENCE OF THE IN-NETWORK HEALTH CARE PROVIDER OR PROVIDERS PROPOSED BY THE PLAN, THE TRAINING AND EXPERIENCE OF THE REQUESTED OUT-OF-NETWORK PROVIDER, THE CLINICAL STANDARDS OF THE PLAN, THE INFORMATION PROVIDED CONCERNING THE INSURED, THE ATTENDING PHYSICIAN'S RECOMMENDATION, THE INSURED'S MEDICAL RECORD, AND ANY OTHER PERTINENT INFORMATION, THAT THE HEALTH PLAN DOES NOT HAVE A PROVIDER WITH THE APPROPRIATE TRAINING AND EXPERIENCE TO MEET THE PARTICULAR HEALTH CARE NEEDS OF AN INSURED WHO IS ABLE TO PROVIDE THE REQUESTED HEALTH SERVICE, AND THAT THE OUT-OF-NETWORK PROVIDER HAS THE APPROPRIATE TRAINING AND EXPERIENCE TO MEET THE PARTICULAR HEALTH CARE NEEDS OF AN INSURED, IS ABLE TO PROVIDE THE REQUESTED HEALTH SERVICE, AND IS LIKELY TO PRODUCE A MORE CLINICALLY BENEFICIAL OUTCOME; OR (II) UPHOLDING THE HEALTH PLAN'S DENIAL OF COVERAGE; (III) BE SUBJECT TO THE TERMS AND CONDITIONS GENERALLY APPLICABLE TO BENEFITS UNDER THE EVIDENCE OF COVERAGE UNDER THE HEALTH CARE PLAN; (IV) BE BINDING ON THE PLAN AND THE INSURED; AND (V) BE ADMISSIBLE IN ANY COURT PROCEEDING. S 16. The public health law is amended by adding a new section 23 to read as follows: S 23. CLAIM FORMS. A PHYSICIAN SHALL INCLUDE A CLAIM FORM FOR A THIRD-PARTY PAYOR WITH A PATIENT BILL FOR HEALTH CARE SERVICES, OTHER THAN A BILL FOR THE PATIENT'S CO-PAYMENT, COINSURANCE OR DEDUCTIBLE. S 17. The public health law is amended by adding a new section 24 to read as follows: S 24. DISCLOSURE. 1. A HEALTH CARE PROFESSIONAL SHALL DISCLOSE TO PATIENTS OR PROSPECTIVE PATIENTS IN WRITING OR THROUGH AN INTERNET WEBSITE THE HEALTH CARE PLANS IN WHICH THE HEALTH CARE PROFESSIONAL IS A PARTICIPATING PROVIDER AND THE HOSPITALS WITH WHICH THE HEALTH CARE PROFESSIONAL IS AFFILIATED PRIOR TO THE PROVISION OF NON-EMERGENCY SERVICES AND VERBALLY AT THE TIME AN APPOINTMENT IS SCHEDULED. 2. IF A HEALTH CARE PROFESSIONAL DOES NOT PARTICIPATE IN THE NETWORK OF A PATIENT'S OR PROSPECTIVE PATIENT'S HEALTH CARE PLAN, THE HEALTH CARE PROFESSIONAL SHALL: (A) PRIOR TO THE PROVISION OF NON-EMERGENCY SERVICES, INFORM A PATIENT OR PROSPECTIVE PATIENT THAT THE AMOUNT OR ESTIMATED AMOUNT THE HEALTH CARE PROFESSIONAL WILL BILL THE PATIENT FOR HEALTH CARE SERVICES IS AVAILABLE UPON REQUEST; AND (B) UPON RECEIPT OF A REQUEST FROM A PATIENT OR PROSPECTIVE PATIENT, DISCLOSE TO THE PATIENT OR PROSPECTIVE PATIENT IN WRITING THE AMOUNT OR ESTIMATED AMOUNT THE HEALTH CARE PROFESSIONAL WILL BILL THE PATIENT OR PROSPECTIVE PATIENT FOR HEALTH CARE SERVICES PROVIDED OR ANTICIPATED TO BE PROVIDED TO THE PATIENT OR PROSPECTIVE PATIENT ABSENT UNFORESEEN MEDICAL CIRCUMSTANCES THAT MAY ARISE WHEN THE HEALTH CARE SERVICES ARE PROVIDED. 3. A HEALTH CARE PROFESSIONAL WHO IS A PHYSICIAN SHALL PROVIDE A PATIENT OR PROSPECTIVE PATIENT WITH THE NAME, PRACTICE NAME, MAILING ADDRESS, AND TELEPHONE NUMBER OF ANY HEALTH CARE PROVIDER SCHEDULED TO PERFORM ANESTHESIOLOGY, LABORATORY, PATHOLOGY, RADIOLOGY OR ASSISTANT SURGEON SERVICES IN CONNECTION WITH CARE TO BE PROVIDED IN THE PHYSI- CIAN'S OFFICE FOR THE PATIENT OR COORDINATED OR REFERRED BY THE PHYSI- CIAN FOR THE PATIENT PRIOR TO THE PROVISION OF SERVICES. 4. A HEALTH CARE PROFESSIONAL WHO IS A PHYSICIAN SHALL, FOR A PATIENT'S SCHEDULED HOSPITAL ADMISSION OR SCHEDULED OUTPATIENT HOSPITAL SERVICES, PROVIDE A PATIENT AND THE HOSPITAL WITH THE NAME, PRACTICE NAME, MAILING ADDRESS AND TELEPHONE NUMBER OF ANY OTHER PHYSICIAN WHOSE S. 6357 72 A. 8557 SERVICES WILL BE ARRANGED BY THE PHYSICIAN AND ARE SCHEDULED AT THE TIME OF THE PRE-ADMISSION TESTING, REGISTRATION OR ADMISSION PRIOR TO THE PROVISION OF SERVICES; AND INFORMATION AS TO HOW TO DETERMINE THE HEALTHCARE PLANS IN WHICH THE PHYSICIAN PARTICIPATES. 5. A HOSPITAL SHALL ESTABLISH, UPDATE AND MAKE PUBLIC THROUGH POSTING ON THE HOSPITAL'S WEBSITE, TO THE EXTENT REQUIRED BY FEDERAL GUIDELINES, A LIST OF THE HOSPITAL'S STANDARD CHARGES FOR ITEMS AND SERVICES PROVIDED BY THE HOSPITAL, INCLUDING FOR DIAGNOSIS-RELATED GROUPS ESTAB- LISHED UNDER SECTION 1886(D)(4) OF THE FEDERAL SOCIAL SECURITY ACT. 6. A HOSPITAL SHALL POST ON THE HOSPITAL'S WEBSITE: (A) THE HEALTH CARE PLANS IN WHICH THE HOSPITAL IS A PARTICIPATING PROVIDER; (B) A STATEMENT THAT (I) PHYSICIAN SERVICES PROVIDED IN THE HOSPITAL ARE NOT INCLUDED IN THE HOSPITAL'S CHARGES; (II) PHYSICIANS WHO PROVIDE SERVICES IN THE HOSPITAL MAY OR MAY NOT PARTICIPATE WITH THE SAME HEALTH CARE PLANS AS THE HOSPITAL, AND; (III) THE PROSPECTIVE PATIENT SHOULD CHECK WITH THE PHYSICIAN ARRANGING FOR THE HOSPITAL SERVICES TO DETERMINE THE HEALTH CARE PLANS IN WHICH THE PHYSICIAN PARTICIPATES; (C) AS APPLICA- BLE, THE NAME, MAILING ADDRESS AND TELEPHONE NUMBER OF THE PHYSICIAN GROUPS THAT THE HOSPITAL HAS CONTRACTED WITH TO PROVIDE SERVICES INCLUD- ING ANESTHESIOLOGY, PATHOLOGY OR RADIOLOGY, AND INSTRUCTIONS HOW TO CONTACT THESE GROUPS TO DETERMINE THE HEALTH CARE PLAN PARTICIPATION OF THE PHYSICIANS IN THESE GROUPS; AND (D) AS APPLICABLE, THE NAME, MAILING ADDRESS, AND TELEPHONE NUMBER OF PHYSICIANS EMPLOYED BY THE HOSPITAL AND WHOSE SERVICES MAY BE PROVIDED AT THE HOSPITAL, AND THE HEALTH CARE PLANS IN WHICH THEY PARTICIPATE. 7. IN REGISTRATION OR ADMISSION MATERIALS PROVIDED IN ADVANCE OF NON- EMERGENCY HOSPITAL SERVICES, A HOSPITAL SHALL: (A) ADVISE THE PATIENT OR PROSPECTIVE PATIENT TO CHECK WITH THE PHYSICIAN ARRANGING THE HOSPITAL SERVICES TO DETERMINE: (I) THE NAME, PRACTICE NAME, MAILING ADDRESS AND TELEPHONE NUMBER OF ANY OTHER PHYSICIAN WHOSE SERVICES WILL BE ARRANGED BY THE PHYSICIAN; AND (II) WHETHER THE SERVICES OF PHYSICIANS WHO ARE EMPLOYED OR CONTRACTED BY THE HOSPITAL TO PROVIDE SERVICES INCLUDING ANESTHESIOLOGY, PATHOLOGY AND/OR RADIOLOGY ARE REASONABLY ANTICIPATED TO BE PROVIDED TO THE PATIENT; AND (B) PROVIDE PATIENTS OR PROSPECTIVE PATIENTS WITH INFORMATION AS TO HOW TO TIMELY DETERMINE THE HEALTH CARE PLANS PARTICIPATED IN BY PHYSICIANS WHO ARE REASONABLY ANTICIPATED TO PROVIDE SERVICES TO THE PATIENT AT THE HOSPITAL, AS DETERMINED BY THE PHYSICIAN ARRANGING THE PATIENT'S HOSPITAL SERVICES, AND WHO ARE EMPLOY- EES OF THE HOSPITAL OR CONTRACTED BY THE HOSPITAL TO PROVIDE SERVICES INCLUDING ANESTHESIOLOGY, RADIOLOGY AND/OR PATHOLOGY. 8. FOR PURPOSES OF THIS SUBDIVISION: (A) "HEALTH CARE PLAN" MEANS A HEALTH INSURER INCLUDING AN INSURER LICENSED TO WRITE ACCIDENT AND HEALTH INSURANCE SUBJECT TO ARTICLE THIR- TY-TWO OF THE INSURANCE LAW; A CORPORATION ORGANIZED PURSUANT TO ARTICLE FORTY-THREE OF THE INSURANCE LAW; A MUNICIPAL COOPERATIVE HEALTH BENEFIT PLAN CERTIFIED PURSUANT TO ARTICLE FORTY-SEVEN OF THE INSURANCE LAW; A HEALTH MAINTENANCE ORGANIZATION CERTIFIED PURSUANT TO ARTICLE FORTY-FOUR OF THIS CHAPTER; A STUDENT HEALTH PLAN ESTABLISHED OR MAINTAINED PURSU- ANT TO SECTION ONE THOUSAND ONE HUNDRED TWENTY-FOUR OF THE INSURANCE LAW OR A SELF-FUNDED EMPLOYEE WELFARE BENEFIT PLAN. (B) "HEALTH CARE PROFESSIONAL" MEANS AN APPROPRIATELY LICENSED, REGIS- TERED OR CERTIFIED HEALTH CARE PROFESSIONAL PURSUANT TO TITLE EIGHT OF THE EDUCATION LAW. S 17-a. Paragraph (a) of subdivision 6 of section 4403 of the public health law, as added by chapter 705 of the laws of 1996, is amended to read as follows: S. 6357 73 A. 8557 (a) If a health maintenance organization determines that it does not have a health care provider with appropriate training and experience in its panel or network to meet the particular health care needs of an enrollee, the health maintenance organization shall make a referral to an appropriate provider, pursuant to a treatment plan approved by the health maintenance organization in consultation with the primary care provider, the non-participating provider and the enrollee or enrollee's designee, at no additional cost to the enrollee beyond what the enrollee would otherwise pay for services received within the network. NOTHING IN THIS PARAGRAPH SHALL BE CONSTRUED TO ENTITLE AN ENROLLEE TO A REFERRAL TO THE ENROLLEE'S PREFERRED PROVIDER, WHERE THAT PROVIDER IS OUT-OF-NET- WORK. THE PROVISIONS OF THIS PARAGRAPH SHALL ONLY APPLY IF THERE IS NO IN-NETWORK PROVIDER GEOGRAPHICALLY ACCESSIBLE TO THE ENROLLEE WHO HAS THE APPROPRIATE ESSENTIAL LEVEL OF TRAINING AND EXPERIENCE TO MEET THE PARTICULAR NEEDS OF THE ENROLLEE. S 18. Paragraphs (k), (p-1), (q) and (r) of subdivision 1 of section 4408 of the public health law, paragraphs (k), (q) and (r) as added by chapter 705 of the laws of 1996, and paragraph (p-1) as added by chapter 554 of the laws of 2002, are amended and three new paragraphs (s), (t) and (u) are added to read as follows: (k) notice that an enrollee may obtain a referral to a health care provider outside of the health maintenance organization's network or panel when the health maintenance organization does not have a health care provider [with] WHO IS GEOGRAPHICALLY ACCESSIBLE TO THE ENROLLEE AND WHO HAS appropriate ESSENTIAL LEVEL OF training and experience in the network or panel to meet the particular health care needs of the enrollee and the procedure by which the enrollee can obtain such refer- ral; (p-1) notice that an enrollee shall have direct access to primary and preventive obstetric and gynecologic services, INCLUDING ANNUAL EXAMINA- TIONS, CARE RESULTING FROM SUCH ANNUAL EXAMINATIONS, AND TREATMENT OF ACUTE GYNECOLOGIC CONDITIONS, from a qualified provider of such services of her choice from within the plan [for no fewer than two examinations annually for such services] or [to] FOR any care related to A pregnancy [and that additionally, the enrollee shall have direct access to primary and preventive obstetric and gynecologic services required as a result of such annual examinations or as a result of an acute gynecologic condition]; (q) notice of all appropriate mailing addresses and telephone numbers to be utilized by enrollees seeking information or authorization; [and] (r) a listing by specialty, which may be in a separate document that is updated annually, of the name, address and telephone number of all participating providers, including facilities, and, in addition, in the case of physicians, board certification[.], LANGUAGES SPOKEN AND ANY AFFILIATIONS WITH PARTICIPATING HOSPITALS. THE LISTING SHALL ALSO BE POSTED ON THE HEALTH MAINTENANCE ORGANIZATION'S WEBSITE AND THE HEALTH MAINTENANCE ORGANIZATION SHALL UPDATE THE WEBSITE WITHIN FIFTEEN DAYS OF THE ADDITION OR TERMINATION OF A PROVIDER FROM THE HEALTH MAINTENANCE ORGANIZATION'S NETWORK OR A CHANGE IN A PHYSICIAN'S HOSPITAL AFFIL- IATION; (S) WHERE APPLICABLE, A DESCRIPTION OF THE METHOD BY WHICH AN ENROLLEE MAY SUBMIT A CLAIM FOR HEALTH CARE SERVICES; (T) WHERE APPLICABLE, WITH RESPECT TO OUT-OF-NETWORK COVERAGE: (I) A CLEAR DESCRIPTION OF THE METHODOLOGY USED BY THE HEALTH MAINTE- NANCE ORGANIZATION TO DETERMINE REIMBURSEMENT FOR OUT-OF-NETWORK HEALTH CARE SERVICES; S. 6357 74 A. 8557 (II) A DESCRIPTION OF THE AMOUNT THAT THE HEALTH MAINTENANCE ORGANIZA- TION WILL REIMBURSE UNDER THE METHODOLOGY FOR OUT-OF-NETWORK HEALTH CARE SERVICES SET FORTH AS A PERCENTAGE OF THE USUAL AND CUSTOMARY COST FOR OUT-OF-NETWORK HEALTH CARE SERVICES; (III) EXAMPLES OF ANTICIPATED OUT-OF-POCKET COSTS FOR FREQUENTLY BILLED OUT-OF-NETWORK HEALTH CARE SERVICES; AND (U) INFORMATION IN WRITING AND THROUGH AN INTERNET WEBSITE THAT REASONABLY PERMITS AN ENROLLEE OR PROSPECTIVE ENROLLEE TO DETERMINE THE ANTICIPATED OUT-OF-POCKET COST FOR OUT-OF-NETWORK HEALTH CARE SERVICES IN A GEOGRAPHICAL AREA OR ZIP CODE BASED UPON THE DIFFERENCE BETWEEN WHAT THE HEALTH MAINTENANCE ORGANIZATION WILL REIMBURSE FOR OUT-OF-NET- WORK HEALTH CARE SERVICES AND THE USUAL AND CUSTOMARY COST FOR OUT-OF-NETWORK HEALTH CARE SERVICES. S 19. Paragraphs (k) and (l) of subdivision 2 of section 4408 of the public health law, as added by chapter 705 of the laws of 1996, are amended and two new paragraphs (m) and (n) are added to read as follows: (k) provide the written application procedures and minimum qualifica- tion requirements for health care providers to be considered by the health maintenance organization; [and] (1) disclose other information as required by the commissioner, provided that such requirements are promulgated pursuant to the state administrative procedure act[.]; (M) DISCLOSE WHETHER A HEALTH CARE PROVIDER SCHEDULED TO PROVIDE A HEALTH CARE SERVICE IS AN IN-NETWORK PROVIDER; AND (N) WHERE APPLICABLE, WITH RESPECT TO OUT-OF-NETWORK COVERAGE, DISCLOSE THE DOLLAR AMOUNT THAT THE HEALTH MAINTENANCE ORGANIZATION WILL PAY FOR A SPECIFIC OUT-OF-NETWORK HEALTH CARE SERVICE. S 20. Section 4408 of the public health law is amended by adding a new subdivision 7 to read as follows: 7. FOR PURPOSES OF THIS SECTION, "USUAL AND CUSTOMARY COST" SHALL MEAN THE EIGHTIETH PERCENTILE OF ALL CHARGES FOR THE PARTICULAR HEALTH CARE SERVICE PERFORMED BY A PROVIDER IN THE SAME OR SIMILAR SPECIALTY AND PROVIDED IN THE SAME GEOGRAPHICAL AREA AS REPORTED IN A BENCHMARKING DATABASE MAINTAINED BY A NONPROFIT ORGANIZATION SPECIFIED BY THE SUPER- INTENDENT OF FINANCIAL SERVICES. THE NONPROFIT ORGANIZATION SHALL NOT BE AFFILIATED WITH AN INSURER, A CORPORATION SUBJECT TO ARTICLE FORTY-THREE OF THE INSURANCE LAW, A MUNICIPAL COOPERATIVE HEALTH BENEFIT PLAN CERTI- FIED PURSUANT TO ARTICLE FORTY-SEVEN OF THE INSURANCE LAW, OR A HEALTH MAINTENANCE ORGANIZATION CERTIFIED PURSUANT TO THIS ARTICLE. S 21. Subdivision 7-g of section 4900 of the public health law is renumbered subdivision 7-h and a new subdivision 7-g is added to read as follows: 7-G. "OUT-OF-NETWORK REFERRAL DENIAL" MEANS A DENIAL OF A REQUEST FOR AN AUTHORIZATION OR REFERRAL TO AN OUT-OF-NETWORK PROVIDER ON THE BASIS THAT THE HEALTH CARE PLAN HAS A HEALTH CARE PROVIDER IN THE IN-NETWORK BENEFITS PORTION OF ITS NETWORK WITH APPROPRIATE TRAINING AND EXPERIENCE TO MEET THE PARTICULAR HEALTH CARE NEEDS OF AN ENROLLEE, AND WHO IS ABLE TO PROVIDE THE REQUESTED HEALTH SERVICE. THE NOTICE OF AN OUT-OF-NETWORK REFERRAL DENIAL PROVIDED TO AN ENROLLEE SHALL INCLUDE INFORMATION EXPLAINING WHAT INFORMATION THE ENROLLEE MUST SUBMIT IN ORDER TO APPEAL THE OUT-OF-NETWORK REFERRAL DENIAL PURSUANT TO SUBDIVISION ONE-B OF SECTION FOUR THOUSAND NINE HUNDRED FOUR OF THIS ARTICLE. AN OUT-OF-NET- WORK REFERRAL DENIAL UNDER THIS SUBDIVISION DOES NOT CONSTITUTE AN ADVERSE DETERMINATION AS DEFINED IN THIS ARTICLE. AN OUT-OF-NETWORK REFERRAL DENIAL SHALL NOT BE CONSTRUED TO INCLUDE AN OUT-OF-NETWORK DENIAL AS DEFINED IN SUBDIVISION SEVEN-F OF THIS SECTION. S. 6357 75 A. 8557 S 22. Subdivision 2 of section 4903 of the public health law, as amended by chapter 514 of the laws of 2013, is amended to read as follows: 2. A utilization review agent shall make a utilization review determi- nation involving health care services which require pre-authorization and provide notice of a determination to the enrollee or enrollee's designee and the enrollee's health care provider by telephone and in writing within three business days of receipt of the necessary informa- tion. To the extent practicable, such written notification to the enrollee's health care provider shall be transmitted electronically, in a manner and in a form agreed upon by the parties. THE NOTIFICATION SHALL IDENTIFY; (A) WHETHER THE SERVICES ARE CONSIDERED IN-NETWORK OR OUT-OF-NETWORK; (B) AND WHETHER THE ENROLLEE WILL BE HELD HARMLESS FOR THE SERVICES AND NOT BE RESPONSIBLE FOR ANY PAYMENT, OTHER THAN ANY APPLICABLE CO-PAYMENT OR CO-INSURANCE; (C) AS APPLICABLE, THE DOLLAR AMOUNT THE HEALTH CARE PLAN WILL PAY IF THE SERVICE IS OUT-OF-NETWORK; AND (D) AS APPLICABLE, INFORMATION EXPLAINING HOW AN ENROLLEE MAY DETER- MINE THE ANTICIPATED OUT-OF-POCKET COST FOR OUT-OF-NETWORK HEALTH CARE SERVICES IN A GEOGRAPHICAL AREA OR ZIP CODE BASED UPON THE DIFFERENCE BETWEEN WHAT THE HEALTH CARE PLAN WILL REIMBURSE FOR OUT-OF-NETWORK HEALTH CARE SERVICES AND THE USUAL AND CUSTOMARY COST FOR OUT-OF-NETWORK HEALTH CARE SERVICES. S 23. Section 4904 of the public health law is amended by adding a new subdivision 1-b to read as follows: 1-B. AN ENROLLEE OR THE ENROLLEE'S DESIGNEE MAY APPEAL A DENIAL OF AN OUT-OF-NETWORK REFERRAL BY A HEALTH CARE PLAN BY SUBMITTING A WRITTEN STATEMENT FROM THE ENROLLEE'S ATTENDING PHYSICIAN, WHO MUST BE A LICENSED, BOARD CERTIFIED OR BOARD ELIGIBLE PHYSICIAN QUALIFIED TO PRAC- TICE IN THE SPECIALTY AREA OF PRACTICE APPROPRIATE TO TREAT THE ENROLLEE FOR THE HEALTH SERVICE SOUGHT, PROVIDED THAT: (A) THE IN-NETWORK HEALTH CARE PROVIDER OR PROVIDERS RECOMMENDED BY THE HEALTH CARE PLAN DO NOT HAVE THE APPROPRIATE TRAINING AND EXPERIENCE TO MEET THE PARTICULAR HEALTH CARE NEEDS OF THE ENROLLEE FOR THE HEALTH SERVICE; AND (B) RECOM- MENDS AN OUT-OF-NETWORK PROVIDER WITH THE APPROPRIATE TRAINING AND EXPE- RIENCE TO MEET THE PARTICULAR HEALTH CARE NEEDS OF THE ENROLLEE, AND WHO IS ABLE TO PROVIDE THE REQUESTED HEALTH SERVICE. S 24. Subdivision 2 of section 4910 of the public health law is amended by adding a new paragraph (d) to read as follows: (D)(I) THE ENROLLEE HAS HAD AN OUT-OF-NETWORK REFERRAL DENIED ON THE GROUNDS THAT THE HEALTH CARE PLAN HAS A HEALTH CARE PROVIDER IN THE IN-NETWORK BENEFITS PORTION OF ITS NETWORK WITH APPROPRIATE TRAINING AND EXPERIENCE TO MEET THE PARTICULAR HEALTH CARE NEEDS OF AN ENROLLEE, AND WHO IS ABLE TO PROVIDE THE REQUESTED HEALTH SERVICE. (II) THE ENROLLEE'S ATTENDING PHYSICIAN, WHO SHALL BE A LICENSED, BOARD CERTIFIED OR BOARD ELIGIBLE PHYSICIAN QUALIFIED TO PRACTICE IN THE SPECIALTY AREA OF PRACTICE APPROPRIATE TO TREAT THE ENROLLEE FOR THE HEALTH SERVICE SOUGHT, CERTIFIES THAT THE IN-NETWORK HEALTH CARE PROVID- ER OR PROVIDERS RECOMMENDED BY THE HEALTH CARE PLAN DO NOT HAVE THE APPROPRIATE TRAINING AND EXPERIENCE TO MEET THE PARTICULAR HEALTH CARE NEEDS OF AN ENROLLEE, AND RECOMMENDS AN OUT-OF-NETWORK PROVIDER WITH THE APPROPRIATE TRAINING AND EXPERIENCE TO MEET THE PARTICULAR HEALTH CARE NEEDS OF AN ENROLLEE, AND WHO IS ABLE TO PROVIDE THE REQUESTED HEALTH SERVICE. S 25. Paragraph (d) of subdivision 2 of section 4914 of the public health law is amended by adding a new subparagraph (D) to read as follows: S. 6357 76 A. 8557 (D) FOR EXTERNAL APPEALS REQUESTED PURSUANT TO PARAGRAPH (D) OF SUBDI- VISION TWO OF SECTION FOUR THOUSAND NINE HUNDRED TEN OF THIS TITLE RELATING TO AN OUT-OF-NETWORK REFERRAL DENIAL, THE EXTERNAL APPEAL AGENT SHALL REVIEW THE UTILIZATION REVIEW AGENT'S FINAL ADVERSE DETERMINATION AND, IN ACCORDANCE WITH THE PROVISIONS OF THIS TITLE, SHALL MAKE A DETERMINATION AS TO WHETHER THE OUT-OF-NETWORK REFERRAL SHALL BE COVERED BY THE HEALTH PLAN; PROVIDED THAT SUCH DETERMINATION SHALL: (I) BE CONDUCTED ONLY BY ONE OR A GREATER ODD NUMBER OF CLINICAL PEER REVIEWERS; (II) BE ACCOMPANIED BY A WRITTEN STATEMENT: (1) THAT THE OUT-OF-NETWORK REFERRAL SHALL BE COVERED BY THE HEALTH CARE PLAN EITHER WHEN THE REVIEWER OR A MAJORITY OF THE PANEL OF REVIEW- ERS DETERMINES, UPON REVIEW OF THE TRAINING AND EXPERIENCE OF THE IN-NETWORK HEALTH CARE PROVIDER OR PROVIDERS PROPOSED BY THE PLAN, THE TRAINING AND EXPERIENCE OF THE REQUESTED OUT-OF-NETWORK PROVIDER, THE CLINICAL STANDARDS OF THE PLAN, THE INFORMATION PROVIDED CONCERNING THE ENROLLEE, THE ATTENDING PHYSICIAN'S RECOMMENDATION, THE ENROLLEE'S MEDICAL RECORD, AND ANY OTHER PERTINENT INFORMATION, THAT THE HEALTH PLAN DOES NOT HAVE A PROVIDER WITH THE APPROPRIATE TRAINING AND EXPERI- ENCE TO MEET THE PARTICULAR HEALTH CARE NEEDS OF AN ENROLLEE WHO IS ABLE TO PROVIDE THE REQUESTED HEALTH SERVICE, AND THAT THE OUT-OF-NETWORK PROVIDER HAS THE APPROPRIATE TRAINING AND EXPERIENCE TO MEET THE PARTIC- ULAR HEALTH CARE NEEDS OF AN ENROLLEE, IS ABLE TO PROVIDE THE REQUESTED HEALTH SERVICE, AND IS LIKELY TO PRODUCE A MORE CLINICALLY BENEFICIAL OUTCOME; OR (2) UPHOLDING THE HEALTH PLAN'S DENIAL OF COVERAGE; (III) BE SUBJECT TO THE TERMS AND CONDITIONS GENERALLY APPLICABLE TO BENEFITS UNDER THE EVIDENCE OF COVERAGE UNDER THE HEALTH CARE PLAN; (IV) BE BINDING ON THE PLAN AND THE ENROLLEE; AND (V) BE ADMISSIBLE IN ANY COURT PROCEEDING. S 26. The financial services law is amended by adding a new article 6 to read as follows: ARTICLE 6 EMERGENCY MEDICAL SERVICES AND SURPRISE BILLS SECTION 601. DISPUTE RESOLUTION PROCESS ESTABLISHED. 602. APPLICABILITY. 603. DEFINITIONS. 604. CRITERIA FOR DETERMINING A REASONABLE FEE. 605. DISPUTE RESOLUTION FOR EMERGENCY SERVICES. 606. HOLD HARMLESS AND ASSIGNMENT OF BENEFITS FOR SURPRISE BILLS FOR INSUREDS. 607. DISPUTE RESOLUTION FOR SURPRISE BILLS. 608. PAYMENT FOR INDEPENDENT DISPUTE RESOLUTION ENTITY. S 601. DISPUTE RESOLUTION PROCESS ESTABLISHED. THE SUPERINTENDENT SHALL ESTABLISH A DISPUTE RESOLUTION PROCESS BY WHICH A DISPUTE FOR A BILL FOR EMERGENCY SERVICES OR A SURPRISE BILL MAY BE RESOLVED. THE SUPERINTENDENT SHALL HAVE THE POWER TO GRANT AND REVOKE CERTIFICATIONS OF INDEPENDENT DISPUTE RESOLUTION ENTITIES TO CONDUCT THE DISPUTE RESOL- UTION PROCESS. THE SUPERINTENDENT SHALL PROMULGATE REGULATIONS ESTAB- LISHING STANDARDS FOR THE DISPUTE RESOLUTION PROCESS, INCLUDING A PROC- ESS FOR CERTIFYING AND SELECTING INDEPENDENT DISPUTE RESOLUTION ENTITIES. S 602. APPLICABILITY. THIS ARTICLE SHALL NOT APPLY TO HEALTH CARE SERVICES, INCLUDING EMERGENCY SERVICES, WHERE PHYSICIAN FEES ARE SUBJECT TO SCHEDULES OR OTHER MONETARY LIMITATIONS UNDER ANY OTHER LAW, INCLUD- S. 6357 77 A. 8557 ING THE WORKERS' COMPENSATION LAW AND ARTICLE FIFTY-ONE OF THE INSURANCE LAW, AND SHALL NOT PREEMPT ANY SUCH LAW. S 603. DEFINITIONS. FOR THE PURPOSES OF THIS ARTICLE: (A) "EMERGENCY CONDITION" MEANS A MEDICAL OR BEHAVIORAL CONDITION THAT MANIFESTS ITSELF BY ACUTE SYMPTOMS OF SUFFICIENT SEVERITY, INCLUDING SEVERE PAIN, SUCH THAT A PRUDENT LAYPERSON, POSSESSING AN AVERAGE KNOW- LEDGE OF MEDICINE AND HEALTH, COULD REASONABLY EXPECT THE ABSENCE OF IMMEDIATE MEDICAL ATTENTION TO RESULT IN : (1) PLACING THE HEALTH OF THE PERSON AFFLICTED WITH SUCH CONDITION IN SERIOUS JEOPARDY, OR IN THE CASE OF A BEHAVIORAL CONDITION PLACING THE HEALTH OF SUCH PERSON OR OTHERS IN SERIOUS JEOPARDY; (2) SERIOUS IMPAIRMENT TO SUCH PERSON'S BODILY FUNC- TIONS; (3) SERIOUS DYSFUNCTION OF ANY BODILY ORGAN OR PART OF SUCH PERSON; (4) SERIOUS DISFIGUREMENT OF SUCH PERSON; OR (5) A CONDITION DESCRIBED IN CLAUSE (I), (II) OR (III) OF SECTION 1867(E)(1)(A) OF THE SOCIAL SECURITY ACT 42 U.S.C. S 1395DD. (B) "EMERGENCY SERVICES" MEANS, WITH RESPECT TO AN EMERGENCY CONDI- TION: (1) A MEDICAL SCREENING EXAMINATION AS REQUIRED UNDER SECTION 1867 OF THE SOCIAL SECURITY ACT, 42 U.S.C. S 1395DD, WHICH IS WITHIN THE CAPABILITY OF THE EMERGENCY DEPARTMENT OF A HOSPITAL, INCLUDING ANCIL- LARY SERVICES ROUTINELY AVAILABLE TO THE EMERGENCY DEPARTMENT TO EVALU- ATE SUCH EMERGENCY MEDICAL CONDITION; AND (2) WITHIN THE CAPABILITIES OF THE STAFF AND FACILITIES AVAILABLE AT THE HOSPITAL, SUCH FURTHER MEDICAL EXAMINATION AND TREATMENT AS ARE REQUIRED UNDER SECTION 1867 OF THE SOCIAL SECURITY ACT, 42 U.S.C. S 1395DD, TO STABILIZE THE PATIENT. (C) "HEALTH CARE PLAN" MEANS AN INSURER LICENSED TO WRITE ACCIDENT AND HEALTH INSURANCE PURSUANT TO ARTICLE THIRTY-TWO OF THE INSURANCE LAW; A CORPORATION ORGANIZED PURSUANT TO ARTICLE FORTY-THREE OF THE INSURANCE LAW; A MUNICIPAL COOPERATIVE HEALTH BENEFIT PLAN CERTIFIED PURSUANT TO ARTICLE FORTY-SEVEN OF THE INSURANCE LAW; A HEALTH MAINTENANCE ORGANIZA- TION CERTIFIED PURSUANT TO ARTICLE FORTY-FOUR OF THE PUBLIC HEALTH LAW; OR A STUDENT HEALTH PLAN ESTABLISHED OR MAINTAINED PURSUANT TO SECTION ONE THOUSAND ONE HUNDRED TWENTY-FOUR OF THE INSURANCE LAW. (D) "INSURED" MEANS A PATIENT COVERED UNDER A HEALTH CARE PLAN'S POLI- CY OR CONTRACT. (E) "NON-PARTICIPATING" MEANS NOT HAVING A CONTRACT WITH A HEALTH CARE PLAN TO PROVIDE HEALTH CARE SERVICES TO AN INSURED. (F) "PARTICIPATING" MEANS HAVING A CONTRACT WITH A HEALTH CARE PLAN TO PROVIDE HEALTH CARE SERVICES TO AN INSURED. (G) "PATIENT" MEANS A PERSON WHO RECEIVES HEALTH CARE SERVICES, INCLUDING EMERGENCY SERVICES, IN THIS STATE. (H) "SURPRISE BILL" MEANS A BILL FOR HEALTH CARE SERVICES, OTHER THAN EMERGENCY SERVICES, RECEIVED BY: (1) AN INSURED FOR SERVICES RENDERED BY A NON-PARTICIPATING PHYSICIAN AT A PARTICIPATING HOSPITAL OR AMBULATORY SURGICAL CENTER, WHERE A PARTICIPATING PHYSICIAN IS UNAVAILABLE AT THE TIME THE HEALTH CARE SERVICES ARE RENDERED; PROVIDED, HOWEVER, THAT A SURPRISE BILL SHALL NOT MEAN A BILL RECEIVED FOR HEALTH CARE SERVICES WHEN A PARTICIPATING PHYSICIAN IS AVAILABLE AND THE INSURED HAS ELECTED TO OBTAIN SERVICES FROM A NON-PARTICIPATING PHYSICIAN; OR (2) A PATIENT WHO IS NOT AN INSURED FOR SERVICES RENDERED BY A PHYSI- CIAN AT A HOSPITAL OR AMBULATORY SURGICAL CENTER, WHERE THE PATIENT HAS NOT TIMELY RECEIVED ALL OF THE DISCLOSURES REQUIRED PURSUANT TO SECTION TWENTY-FOUR OF THE PUBLIC HEALTH LAW. (I) "USUAL AND CUSTOMARY COST" MEANS THE EIGHTIETH PERCENTILE OF ALL CHARGES FOR THE PARTICULAR HEALTH CARE SERVICE PERFORMED BY A PROVIDER IN THE SAME OR SIMILAR SPECIALTY AND PROVIDED IN THE SAME GEOGRAPHICAL S. 6357 78 A. 8557 AREA AS REPORTED IN A BENCHMARKING DATABASE MAINTAINED BY A NONPROFIT ORGANIZATION SPECIFIED BY THE SUPERINTENDENT. THE NONPROFIT ORGANIZATION SHALL NOT BE AFFILIATED WITH AN INSURER, A CORPORATION SUBJECT TO ARTI- CLE FORTY-THREE OF THE INSURANCE LAW, A MUNICIPAL COOPERATIVE HEALTH BENEFIT PLAN CERTIFIED PURSUANT TO ARTICLE FORTY-SEVEN OF THE INSURANCE LAW, OR A HEALTH MAINTENANCE ORGANIZATION CERTIFIED PURSUANT TO ARTICLE FORTY-FOUR OF THE PUBLIC HEALTH LAW. S 604. CRITERIA FOR DETERMINING A REASONABLE FEE. IN DETERMINING THE APPROPRIATE AMOUNT TO PAY FOR A HEALTH CARE SERVICE, AN INDEPENDENT DISPUTE RESOLUTION ENTITY SHALL CONSIDER ALL RELEVANT FACTORS, INCLUD- ING: (A) WHETHER THERE IS A GROSS DISPARITY BETWEEN THE FEE CHARGED BY THE PHYSICIAN FOR SERVICES RENDERED AS COMPARED TO: (1) FEES PAID TO THE INVOLVED PHYSICIAN FOR THE SAME SERVICES RENDERED BY THE PHYSICIAN TO OTHER PATIENTS IN HEALTH CARE PLANS IN WHICH THE PHYSICIAN IS NOT PARTICIPATING, AND (2) IN THE CASE OF A DISPUTE INVOLVING A HEALTH CARE PLAN, FEES PAID BY THE HEALTH CARE PLAN TO REIMBURSE SIMILARLY QUALIFIED PHYSICIANS FOR THE SAME SERVICES IN THE SAME REGION WHO ARE NOT PARTICIPATING WITH THE HEALTH CARE PLAN; (B) THE LEVEL OF TRAINING, EDUCATION AND EXPERIENCE OF THE PHYSICIAN; (C) THE PHYSICIAN'S USUAL CHARGE FOR COMPARABLE SERVICES WITH REGARD TO PATIENTS IN HEALTH CARE PLANS IN WHICH THE PHYSICIAN IS NOT PARTIC- IPATING; (D) THE CIRCUMSTANCES AND COMPLEXITY OF THE PARTICULAR CASE, INCLUDING TIME AND PLACE OF THE SERVICE; (E) INDIVIDUAL PATIENT CHARACTERISTICS; AND (F) THE USUAL AND CUSTOMARY COST OF THE SERVICE. S 605. DISPUTE RESOLUTION FOR EMERGENCY SERVICES. (A) EMERGENCY SERVICES FOR AN INSURED. (1) WHEN A HEALTH CARE PLAN RECEIVES A BILL FOR EMERGENCY SERVICES FROM A NON-PARTICIPATING PHYSICIAN, THE HEALTH CARE PLAN SHALL PAY AN AMOUNT THAT IT DETERMINES IS REASONABLE FOR THE EMER- GENCY SERVICES RENDERED BY THE NON-PARTICIPATING PHYSICIAN, IN ACCORD- ANCE WITH SECTION THREE THOUSAND TWO HUNDRED TWENTY-FOUR-A OF THE INSUR- ANCE LAW, EXCEPT FOR THE INSURED'S CO-PAYMENT, COINSURANCE OR DEDUCTIBLE, IF ANY, AND SHALL ENSURE THAT THE INSURED SHALL INCUR NO GREATER OUT-OF-POCKET COSTS FOR THE EMERGENCY SERVICES THAN THE INSURED WOULD HAVE INCURRED WITH A PARTICIPATING PHYSICIAN PURSUANT TO SUBSECTION (C) OF SECTION THREE THOUSAND TWO HUNDRED FORTY-ONE OF THE INSURANCE LAW. (2) A NON-PARTICIPATING PHYSICIAN OR A HEALTH CARE PLAN MAY SUBMIT A DISPUTE REGARDING A FEE OR PAYMENT FOR EMERGENCY SERVICES FOR REVIEW TO AN INDEPENDENT DISPUTE RESOLUTION ENTITY. (3) IN DETERMINING A REASONABLE FEE FOR THE SERVICES RENDERED, AN INDEPENDENT DISPUTE RESOLUTION ENTITY SHALL SELECT EITHER THE HEALTH CARE PLAN'S PAYMENT OR THE NON-PARTICIPATING PHYSICIAN'S FEE. THE INDE- PENDENT DISPUTE RESOLUTION ENTITY SHALL DETERMINE WHICH AMOUNT TO SELECT BASED UPON THE CONDITIONS AND FACTORS SET FORTH IN SECTION SIX HUNDRED FOUR OF THIS ARTICLE. (B) EMERGENCY SERVICES FOR A PATIENT THAT IS NOT AN INSURED. (1) A PATIENT THAT IS NOT AN INSURED OR THE PATIENT'S PHYSICIAN MAY SUBMIT A DISPUTE REGARDING A FEE FOR EMERGENCY SERVICES FOR REVIEW TO AN INDE- PENDENT DISPUTE RESOLUTION ENTITY UPON APPROVAL OF THE SUPERINTENDENT. (2) AN INDEPENDENT DISPUTE RESOLUTION ENTITY SHALL DETERMINE A REASON- ABLE FEE FOR THE SERVICES BASED UPON THE SAME CONDITIONS AND FACTORS SET FORTH IN SECTION SIX HUNDRED FOUR OF THIS ARTICLE. S. 6357 79 A. 8557 (3) A PATIENT THAT IS NOT AN INSURED SHALL NOT BE REQUIRED TO PAY THE PHYSICIAN'S FEE IN ORDER TO BE ELIGIBLE TO SUBMIT THE DISPUTE FOR REVIEW TO AN INDEPENDENT DISPUTE RESOLUTION ENTITY. (C) THE DETERMINATION OF AN INDEPENDENT DISPUTE RESOLUTION ENTITY SHALL BE BINDING ON THE HEALTH CARE PLAN, PHYSICIAN AND PATIENT, AND SHALL BE ADMISSIBLE IN ANY COURT PROCEEDING BETWEEN THE HEALTH CARE PLAN, PHYSICIAN OR PATIENT, OR IN ANY ADMINISTRATIVE PROCEEDING BETWEEN THIS STATE AND THE PHYSICIAN. S 606. HOLD HARMLESS AND ASSIGNMENT OF BENEFITS FOR SURPRISE BILLS FOR INSUREDS. WHEN AN INSURED ASSIGNS BENEFITS FOR A SURPRISE BILL IN WRIT- ING TO A NON-PARTICIPATING PHYSICIAN THAT KNOWS THE INSURED IS INSURED UNDER A HEALTH CARE PLAN, THE NON-PARTICIPATING PHYSICIAN SHALL NOT BILL THE INSURED EXCEPT FOR ANY APPLICABLE COPAYMENT, COINSURANCE OR DEDUCT- IBLE THAT WOULD BE OWED IF THE INSURED UTILIZED A PARTICIPATING PHYSI- CIAN. S 607. DISPUTE RESOLUTION FOR SURPRISE BILLS. (A) SURPRISE BILL RECEIVED BY AN INSURED WHO ASSIGNS BENEFITS. (1) IF AN INSURED ASSIGNS BENEFITS TO A NON-PARTICIPATING PHYSICIAN, THE HEALTH CARE PLAN SHALL PAY THE NON-PARTICIPATING PHYSICIAN IN ACCORDANCE WITH PARAGRAPHS TWO AND THREE OF THIS SUBSECTION. (2) THE NON-PARTICIPATING PHYSICIAN MAY BILL THE HEALTH CARE PLAN FOR THE HEALTH CARE SERVICES RENDERED, AND THE HEALTH CARE PLAN SHALL PAY THE NON-PARTICIPATING PHYSICIAN THE BILLED AMOUNT OR ATTEMPT TO NEGOTI- ATE REIMBURSEMENT WITH THE NON-PARTICIPATING PHYSICIAN. (3) IF THE HEALTH CARE PLAN'S ATTEMPTS TO NEGOTIATE REIMBURSEMENT FOR HEALTH CARE SERVICES PROVIDED BY A NON-PARTICIPATING PHYSICIAN DOES NOT RESULT IN A RESOLUTION OF THE PAYMENT DISPUTE BETWEEN THE NON-PARTICI- PATING PHYSICIAN AND THE HEALTH CARE PLAN, THE HEALTH CARE PLAN SHALL PAY THE NON-PARTICIPATING PHYSICIAN AN AMOUNT THE HEALTH CARE PLAN DETERMINES IS REASONABLE FOR THE HEALTH CARE SERVICES RENDERED, EXCEPT FOR THE INSURED'S COPAYMENT, COINSURANCE OR DEDUCTIBLE, IN ACCORDANCE WITH SECTION THREE THOUSAND TWO HUNDRED TWENTY-FOUR-A OF THE INSURANCE LAW. (4) EITHER THE HEALTH CARE PLAN OR THE NON-PARTICIPATING PHYSICIAN MAY SUBMIT THE DISPUTE REGARDING THE SURPRISE BILL FOR REVIEW TO AN INDE- PENDENT DISPUTE RESOLUTION ENTITY, PROVIDED HOWEVER, THE HEALTH CARE PLAN MAY NOT SUBMIT THE DISPUTE UNLESS IT HAS COMPLIED WITH THE REQUIRE- MENTS OF PARAGRAPHS ONE, TWO AND THREE OF THIS SUBSECTION. (5) WHEN DETERMINING A REASONABLE FEE FOR THE SERVICES RENDERED, THE INDEPENDENT DISPUTE RESOLUTION ENTITY SHALL SELECT EITHER THE HEALTH CARE PLAN'S PAYMENT OR THE NON-PARTICIPATING PHYSICIAN'S FEE. AN INDE- PENDENT DISPUTE RESOLUTION ENTITY SHALL DETERMINE WHICH AMOUNT TO SELECT BASED UPON THE CONDITIONS AND FACTORS SET FORTH IN SECTION SIX HUNDRED FOUR OF THIS ARTICLE. (B) SURPRISE BILL RECEIVED BY AN INSURED WHO DOES NOT ASSIGN BENEFITS OR BY A PATIENT WHO IS NOT AN INSURED. (1) AN INSURED WHO DOES NOT ASSIGN BENEFITS IN ACCORDANCE WITH SUBSECTION (A) OF THIS SECTION OR A PATIENT WHO IS NOT AN INSURED AND WHO RECEIVES A SURPRISE BILL MAY SUBMIT A DISPUTE REGARDING THE SURPRISE BILL FOR REVIEW TO AN INDEPEND- ENT DISPUTE RESOLUTION ENTITY. (2) THE INDEPENDENT DISPUTE RESOLUTION ENTITY SHALL DETERMINE A REASONABLE FEE FOR THE SERVICES RENDERED BASED UPON THE CONDITIONS AND FACTORS SET FORTH IN SECTION SIX HUNDRED FOUR OF THIS ARTICLE. (3) A PATIENT OR INSURED WHO DOES NOT ASSIGN BENEFITS IN ACCORDANCE WITH SUBSECTION (A) OF THIS SECTION SHALL NOT BE REQUIRED TO PAY THE S. 6357 80 A. 8557 PHYSICIAN'S FEE TO BE ELIGIBLE TO SUBMIT THE DISPUTE FOR REVIEW TO THE INDEPENDENT DISPUTE ENTITY. (C) THE DETERMINATION OF AN INDEPENDENT DISPUTE RESOLUTION ENTITY SHALL BE BINDING ON THE PATIENT, PHYSICIAN AND HEALTH CARE PLAN, AND SHALL BE ADMISSIBLE IN ANY COURT PROCEEDING BETWEEN THE PATIENT OR INSURED, PHYSICIAN OR HEALTH CARE PLAN, OR IN ANY ADMINISTRATIVE PROCEEDING BETWEEN THIS STATE AND THE PHYSICIAN. S 608. PAYMENT FOR INDEPENDENT DISPUTE RESOLUTION ENTITY. (A) FOR DISPUTES INVOLVING AN INSURED, WHEN THE INDEPENDENT DISPUTE RESOLUTION ENTITY DETERMINES THE HEALTH CARE PLAN'S PAYMENT IS REASONABLE, PAYMENT FOR THE DISPUTE RESOLUTION PROCESS SHALL BE THE RESPONSIBILITY OF THE NON-PARTICIPATING PHYSICIAN. WHEN THE INDEPENDENT DISPUTE RESOLUTION ENTITY DETERMINES THE NON-PARTICIPATING PHYSICIAN'S FEE IS REASONABLE, PAYMENT FOR THE DISPUTE RESOLUTION PROCESS SHALL BE THE RESPONSIBILITY OF THE HEALTH CARE PLAN. (B) FOR DISPUTES INVOLVING A PATIENT THAT IS NOT AN INSURED, WHEN THE INDEPENDENT DISPUTE RESOLUTION ENTITY DETERMINES THE PHYSICIAN'S FEE IS REASONABLE, PAYMENT FOR THE DISPUTE RESOLUTION PROCESS SHALL BE THE RESPONSIBILITY OF THE PATIENT UNLESS PAYMENT FOR THE DISPUTE RESOLUTION PROCESS WOULD POSE A HARDSHIP TO THE PATIENT. THE SUPERINTENDENT SHALL PROMULGATE A REGULATION TO DETERMINE PAYMENT FOR THE DISPUTE RESOLUTION PROCESS IN CASES OF HARDSHIP. WHEN THE INDEPENDENT DISPUTE RESOLUTION ENTITY DETERMINES THE PHYSICIAN'S FEE IS UNREASONABLE, PAYMENT FOR THE DISPUTE RESOLUTION PROCESS SHALL BE THE RESPONSIBILITY OF THE PHYSICIAN. S 27. This act shall take effect one year after it shall have become a law, provided, however, that: 1. if the amendments by chapter 514 of the laws of 2013 made to subsection (b) of section 4903 of the insurance law and subdivision 2 of section 4903 of the public health law, as amended by sections twelve and twenty-two of this act, respectively, take effect after such date, then sections twelve and twenty-two of this act shall take effect on the same date as chapter 514 of the laws of 2013 takes effect; 2. for policies renewed on and after such date this act shall take effect on the renewal date; 3. sections twelve, sixteen, seventeen, twenty-two and twenty-six of this act shall apply to health care services provided on and after such date; 4. sections eleven, thirteen, fourteen, fifteen, twenty-one, twenty- three, twenty-four and twenty-five of this act shall apply to denials issued on and after such date; and 5. effective immediately, the superintendent of financial services may promulgate any regulations necessary for the implementation of the provisions of this act on its effective date, and may certify one or more independent dispute resolution entities. PART V Section 1. The opening paragraph of subsection (k) of section 2101 of the insurance law, as added by chapter 687 of the laws of 2003, is amended to read as follows: In this article, "insurance producer" means an insurance agent, TITLE INSURANCE AGENT, TITLE INSURANCE SOLICITOR, insurance broker, reinsur- ance intermediary, excess lines broker, or any other person required to be licensed under the laws of this state to sell, solicit or negotiate insurance. Such term shall not include: S. 6357 81 A. 8557 S 2. Paragraph 4 of subsection (k) of section 2101 of the insurance law is REPEALED and paragraphs 5, 6, 7, 8, 9, 10, 11, and 12 are renum- bered paragraphs 4, 5, 6, 7, 8, 9, 10, and 11. S 3. Section 2101 of the insurance law is amended by adding 3 new subsections (y), (z), and (aa) to read as follows: (Y) (1) IN THIS CHAPTER, "TITLE INSURANCE AGENT" MEANS ANY AUTHORIZED OR ACKNOWLEDGED AGENT OF A TITLE INSURANCE CORPORATION, AND ANY SUBAGENT OR OTHER REPRESENTATIVE OF SUCH AN AGENT, WHO OR WHICH FOR COMMISSION, COMPENSATION, OR ANY OTHER THING OF VALUE, PERFORMS THE FOLLOWING ACTS IN CONJUNCTION WITH THE ISSUANCE OF A TITLE INSURANCE POLICY: (A) DETERMINES INSURABILITY OR PREPARES OR ISSUES TITLE INSURANCE COMMITMENTS OR POLICIES, OR BOTH, BASED UPON THE PERFORMANCE OR REVIEW OF A SEARCH; AND (B) PERFORMS ONE OR MORE OF THE FOLLOWING FUNCTIONS: (I) COLLECTS, REMITS OR DISBURSES PREMIUM OR OTHER FUNDS; (II) HANDLES ESCROWS; (III) SELLS, SOLICITS OR NEGOTIATES TITLE INSURANCE BUSINESS; OR (IV) CLOSES TITLE, INCLUDING THE CLEARANCE OF TITLE EXCEPTIONS, IN CONNECTION WITH THE ISSUANCE OF A TITLE INSURANCE POLICY; (2) SUCH TERM SHALL NOT INCLUDE ANY REGULAR SALARIED OFFICER OR EMPLOYEE OF AN AUTHORIZED TITLE INSURANCE CORPORATION OR OF A LICENSED TITLE INSURANCE AGENT, WHO DOES NOT RECEIVE A COMMISSION OR OTHER COMPENSATION FOR SERVICES, WHICH COMMISSION OR OTHER COMPENSATION IS DIRECTLY DEPENDENT UPON THE AMOUNT OF TITLE INSURANCE BUSINESS DONE. (Z) IN THIS CHAPTER, "TITLE INSURANCE CLOSER" MEANS ANY PERSON WHO FOR COMPENSATION OR ANYTHING OF VALUE, REPRESENTS A TITLE INSURANCE CORPO- RATION OR TITLE INSURANCE AGENT AT THE CLOSING OF TITLE, EXCEPT THAT SUCH TERM SHALL NOT INCLUDE: (1) A LICENSED TITLE INSURANCE AGENT; OR (2) ANY REGULAR SALARIED OFFICER OR EMPLOYEE OF AN AUTHORIZED TITLE INSURANCE CORPORATION OR TITLE INSURANCE AGENT WHO DOES NOT RECEIVE A COMMISSION OR OTHER COMPENSATION THAT IS DIRECTLY DEPENDENT UPON THE AMOUNT OF TITLE INSURANCE BUSINESS DONE. (AA) IN THIS CHAPTER, "TITLE INSURANCE SOLICITOR" MEANS ANY PERSON, FIRM, ASSOCIATION OR CORPORATION, WHO OR WHICH, FOR COMPENSATION OR ANYTHING OF VALUE, SOLICITS TITLE INSURANCE ON BEHALF OF A TITLE INSUR- ANCE CORPORATION OR A TITLE INSURANCE AGENT, EXCEPT THAT SUCH TERM SHALL NOT INCLUDE: (1) A LICENSED TITLE INSURANCE AGENT; OR (2) ANY REGULAR SALARIED OFFICER OR EMPLOYEE OF AN AUTHORIZED TITLE INSURANCE CORPORATION OR TITLE INSURANCE AGENT WHO DOES NOT RECEIVE A COMMISSION OR OTHER COMPENSATION THAT IS DIRECTLY DEPENDENT UPON THE AMOUNT OF TITLE INSURANCE BUSINESS DONE. S 4. Subparagraph (A) of paragraph 1 of subsection (a) of section 2102 of the insurance law, as amended by section 8 of part I of chapter 61 of the laws of 2011, is amended to read as follows: (A) No person, firm, association or corporation shall act as an insur- ance producer, insurance adjuster [or], life settlement broker OR TITLE INSURANCE CLOSER in this state without having authority to do so by virtue of a license issued and in force pursuant to the provisions of this chapter. S 5. Subsection (a) of section 2109 of the insurance law, paragraph 3 as amended by chapter 687 of the laws of 2003, is amended to read as follows: (a) The superintendent may issue a temporary insurance agent's LICENSE, TITLE INSURANCE AGENT'S LICENSE or insurance broker's license, S. 6357 82 A. 8557 or both AN INSURANCE AGENT'S AND INSURANCE BROKER'S LICENSE, without requiring the applicant to pass a written examination or to satisfy the requirements of subsection (c) of section two thousand one hundred four of this article except as to age, in the case of a license issued pursu- ant to paragraph two [hereof] OF THIS SUBSECTION, in the following cases: (1) in the case of the death of a person who at the time of his death was a licensed accident and health insurance agent under subsection (a) of section two thousand one hundred three of this article, a licensed insurance agent OR LICENSED TITLE INSURANCE AGENT under subsection (b) of such section or a licensed insurance broker: (A) to the executor or administrator of the estate of such deceased agent or broker; (B) to a surviving next of kin of such deceased agent or broker, where no administrator of his estate has been appointed and no executor has qualified under his duly probated will; (C) to the surviving member or members of a firm or association, which at the time of the death of a member was such a licensed insurance agent, LICENSED TITLE INSURANCE AGENT or licensed insurance broker; or (D) to an officer or director of a corporation upon the death of the only officer or director who was qualified as a sub-licensee or to the executor or administrator of the estate of such deceased officer or director; (2) to any person who may be designated by a person licensed pursuant to this chapter as an insurance agent, TITLE INSURANCE AGENT or an insurance broker, or both AN INSURANCE AGENT AND INSURANCE BROKER, and who is absent because of service in any branch of the armed forces of the United States, including a partnership or corporation [which] THAT is licensed pursuant to this chapter as an insurance agent, TITLE INSUR- ANCE AGENT or as an insurance broker, or both AN INSURANCE AGENT AND INSURANCE BROKER, in a case where the sub-licensee or all sub-licensees, if more than one, named in the license or licenses issued to such part- nership or corporation is or are absent because of service in any branch of the armed forces of the United States; and (3) to the next of kin of a person who has become totally disabled and prevented from pursuing any of the duties of his or her occupation, and who at the commencement of his or her disability was a licensed accident and health insurance agent under subsection (a) of section two thousand one hundred three of this article, a licensed insurance agent under subsection (b) of such section, A LICENSED TITLE INSURANCE AGENT or a licensed insurance broker. S 6. Subsection (c) of section 2109 of the insurance law is amended to read as follows: (c) Such license or licenses shall authorize the person or persons named therein to renew the business of the deceased, absent or disabled INSURANCE agent, TITLE INSURANCE AGENT, or INSURANCE broker, or both AN INSURANCE AGENT AND INSURANCE BROKER, as the case may be, or of the firm or, in the case of a license issued pursuant to paragraph one or three of subsection (a) [hereof] OF THIS SECTION, the association whose busi- ness is being continued thereunder, each such agent[,] OR broker[, firm or association] being referred to in this section as "original licen- see", expiring during the period in which such temporary license or licenses are in force, to collect premiums due and payable to the original licensee or, in the case of a license issued pursuant to para- graph one of subsection (a) [hereof] OF THIS SECTION, to his OR HER estate, and to perform such other acts as an insurance agent, A TITLE S. 6357 83 A. 8557 INSURANCE AGENT or [as] an insurance broker, or both AN INSURANCE AGENT OR INSURANCE BROKER, as the case may be, as are incidental to the continuance of the insurance business of such original licensee. S 7. Section 2109 of the insurance law is amended by adding a new subsection (h) to read as follows: (H) (1) IN THE CASE OF A PERSON SEEKING A TEMPORARY LICENSE TO ACT AS A TITLE INSURANCE AGENT PURSUANT TO SUBSECTION (A) OF THIS SECTION, THE SUPERINTENDENT MAY ISSUE A LICENSE FOR A TERM NOT TO EXCEED ONE HUNDRED EIGHTY DAYS TO SUCH PERSON PROVIDED THE PERSON: (A) DEMONSTRATES TO THE SATISFACTION OF THE SUPERINTENDENT THAT A TITLE INSURANCE CORPORATION IS WILLING TO APPOINT HIM OR HER; (B) SUBMITS TO THE NEXT AVAILABLE TITLE INSURANCE AGENT EXAMINATION; AND (C) DEMONSTRATES TO THE SATISFACTION OF THE SUPERINTENDENT THAT HE OR SHE IS QUALIFIED, COMPETENT, EXPERIENCED AND TRUSTWORTHY TO ACT AS A TITLE INSURANCE AGENT. (2) ANY PERSON ISSUED A LICENSE PURSUANT TO THIS SUBSECTION SHALL, BY VIRTUE OF SUCH LICENSE, BE AUTHORIZED TO SOLICIT, NEGOTIATE OR SELL NEW POLICIES OF TITLE INSURANCE. S 8. The section heading and subsections (a) and (b) of section 2110 of the insurance law, as amended by chapter 499 of the laws of 2009, paragraph 15 of subsection (a) as added and paragraphs 16 and 17 of subsection (a) as renumbered by chapter 546 of the laws of 2013, are amended to read as follows: Revocation or suspension of license of insurance producer, insurance consultant, adjuster, TITLE INSURANCE CLOSER, or life settlement broker. (a) The superintendent may refuse to renew, revoke, or may suspend for a period the superintendent determines the license of any insurance producer, insurance consultant, adjuster, TITLE INSURANCE CLOSER or life settlement broker, if, after notice and hearing, the superintendent determines that the licensee or any sub-licensee has: (1) violated any insurance laws, or violated any regulation, subpoena or order of the superintendent or of another state's insurance commis- sioner, or has violated any law in the course of his or her dealings in such capacity; (2) provided materially incorrect, materially misleading, materially incomplete or materially untrue information in the license application; (3) obtained or attempted to obtain a license through misrepresen- tation or fraud; (4) (A) used fraudulent, coercive or dishonest practices; (B) demonstrated incompetence; (C) demonstrated untrustworthiness; or (D) demonstrated financial irresponsibility in the conduct of business in this state or elsewhere; (5) improperly withheld, misappropriated or converted any monies or properties received in the course of business in this state or else- where; (6) intentionally misrepresented the terms of an actual or proposed insurance contract, life settlement contract or application for insur- ance; (7) has been convicted of a felony; (8) admitted or been found to have committed any insurance unfair trade practice or fraud; (9) had an insurance producer license, INSURANCE CONSULTANT LICENSE, ADJUSTER LICENSE, A TITLE INSURANCE CLOSER LICENSE, a life settlement S. 6357 84 A. 8557 broker license, or its equivalent, denied, suspended or revoked in any other state, province, district or territory; (10) forged another's name to an application for insurance or life settlement contract or to any document related to an insurance or life settlement transaction; (11) improperly used notes or any other reference material to complete an examination for an insurance license or life settlement broker license; (12) knowingly accepted insurance business from an individual who is not licensed; (13) failed to comply with an administrative or court order imposing a child support obligation; (14) failed to pay state income tax or comply with any administrative or court order directing payment of state income tax; (15) while acting as a public adjuster, the licensee has failed to act on behalf and in the best interests of the insured when negotiating for or effecting the settlement of an insurance claim for such insured or otherwise acting as a public adjuster, or has failed to make the disclo- sures required by paragraph two of subsection (s) of section two thou- sand one hundred eight of this article; (16) while acting as a life settlement broker, failed to protect the privacy of the insured or owner or other person for whom the life settlement broker was required to provide protection pursuant to article seventy-eight of this chapter; or (17) ceased to meet the requirements for licensure under this chapter. (b) Before revoking or suspending the license of any insurance produc- er, TITLE INSURANCE CLOSER, life settlement broker or other licensee pursuant to the provisions of this article, the superintendent shall, except when proceeding pursuant to subsection (f) of this section, give notice to the licensee and to every sub-licensee and shall hold, or cause to be held, a hearing not less than ten days after the giving of such notice. S 9. Subsections (a), (b), (c), and (d) of sections 2112 of the insur- ance law, subsection (a) as amended by chapter 540 of the laws of 1996, subsections (b) and (d) as amended by chapter 687 of the laws of 2003 and subsection (c) as amended by chapter 647 of the laws of 1992, are amended to read as follows: (a) Every insurer, fraternal benefit society or health maintenance organization doing business in this state shall file a certificate of appointment in such form as the superintendent may prescribe in order to appoint insurance agents, TITLE INSURANCE AGENTS, OR TITLE INSURANCE SOLICITORS to represent such insurer, fraternal benefit society or health maintenance organization; EXCEPT THAT A TITLE INSURANCE AGENT SHALL FILE A CERTIFICATE OF APPOINTMENT IN SUCH FORM AS THE SUPERINTEN- DENT MAY PRESCRIBE IN ORDER TO APPOINT A TITLE INSURANCE SOLICITOR TO ACT ON BEHALF OF SUCH TITLE INSURANCE AGENT. (b) To appoint a producer, the appointing insurer, OR IN THE CASE OF A TITLE INSURANCE SOLICITOR, THE APPOINTING TITLE INSURANCE AGENT OR INSURER, shall file, in a format approved by the superintendent, a notice of appointment within fifteen days from the date the agency contract is executed or the first insurance application is submitted. (c) Certificates of appointment shall be valid until [(i)] (1) termi- nated by the appointing insurer OR TITLE INSURANCE AGENT after a termi- nation in accordance with the provisions of the agency contract; [(ii)] (2) the license is suspended or revoked by the superintendent; or [(iii)] (3) the license expires and is not renewed. S. 6357 85 A. 8557 (d) Every insurer, fraternal benefit society or health maintenance organization or insurance producer or the authorized representative of the insurer, fraternal benefit society, health maintenance organization or insurance producer doing business in this state shall, upon termi- nation of the certificate of appointment as set forth in subsection (a) of this section of any insurance agent, TITLE INSURANCE AGENT OR TITLE INSURANCE SOLICITOR licensed in this state, or upon termination for cause for activities as set forth in subsection (a) of section two thou- sand one hundred ten of this article, of the certificate of appointment, of employment, of a contract or other insurance business relationship with any insurance producer, file with the superintendent within thirty days a statement, in such form as the superintendent may prescribe, of the facts relative to such termination for cause. The insurer, fraternal benefit society, health maintenance organization, insurance producer or the authorized representative of the insurer, fraternal benefit society, health maintenance organization or insurance producer shall provide, within fifteen days after notification has been sent to the superinten- dent, a copy of the statement filed with the superintendent to the insurance producer at his, or her or its last known address by certified mail, return receipt requested, postage prepaid or by overnight delivery using a nationally recognized carrier. Every statement made pursuant to this subsection shall be deemed a privileged communication. S 10. The insurance law is amended by adding a new section 2113 to read as follows: S 2113. TITLE INSURANCE AGENT, TITLE INSURANCE SOLICITOR, AND TITLE INSURANCE CLOSER; COMMISSIONS. (A) NO INSURER DOING BUSINESS IN THIS STATE, AND NO AGENT OR OTHER REPRESENTATIVE THEREOF, SHALL PAY ANY COMMISSION OR OTHER COMPENSATION TO ANY PERSON, FIRM, ASSOCIATION OR CORPORATION FOR ACTING AS A TITLE INSURANCE AGENT IN THIS STATE, EXCEPT TO A LICENSED TITLE INSURANCE AGENT. (B) NO INSURER DOING BUSINESS IN THIS STATE, AND NO AGENT OR OTHER REPRESENTATIVE THEREOF, SHALL PAY ANY COMPENSATION TO ANY PERSON, FIRM, ASSOCIATION OR CORPORATION FOR ACTING AS A TITLE INSURANCE CLOSER IN THIS STATE, EXCEPT TO A LICENSED TITLE INSURANCE CLOSER. (C) NO INSURER DOING BUSINESS IN THIS STATE, AND NO AGENT OR OTHER REPRESENTATIVE THEREOF, SHALL PAY ANY COMPENSATION TO ANY PERSON, FIRM, ASSOCIATION OR CORPORATION FOR ACTING AS A TITLE INSURANCE SOLICITOR IN THIS STATE, EXCEPT TO A LICENSED TITLE INSURANCE SOLICITOR. (D) AT THE TIME OF THE APPLICATION, A TITLE INSURANCE AGENT SHALL PROVIDE TO EVERY APPLICANT FOR INSURANCE, A WRITTEN GOOD FAITH ESTIMATE OF THE PREMIUM ON THE POLICY OR POLICIES TO BE ISSUED AND A BREAKDOWN OF THE AMOUNT OF ALL FEES AND SERVICE COSTS, INCLUDING ALL FILING FEES AND CLOSING COSTS, AND ANY OTHER ANCILLARY OR DISCRETIONARY CHARGES TO BE INCURRED, AND THE AMOUNT OF ANY COMMISSION OR OTHER COMPENSATION TO BE PAID TO SUCH AGENT BY THE TITLE INSURANCE CORPORATION. IF NO TITLE INSURANCE AGENT IS UTILIZED, THE TITLE INSURER SHALL PROVIDE THE DISCLO- SURES. (E) FOR PURPOSES OF THIS CHAPTER, A TITLE INSURANCE CLOSER SHALL BE DEEMED TO BE THE APPOINTED REPRESENTATIVE OF THE TITLE INSURANCE CORPO- RATION OR TITLE INSURANCE AGENT THAT HAS ENGAGED SUCH TITLE INSURANCE CLOSER FOR THE CLOSING. (F) NOTHING IN THIS CHAPTER SHALL BE DEEMED TO OR BE CONSTRUED IN A MANNER TO AUTHORIZE OR PERMIT ANY ACTIVITY OR PRACTICE, WITH RESPECT TO THE BUSINESS OF TITLE INSURANCE, THAT IS PROHIBITED BY SECTION FOUR HUNDRED EIGHTY-FOUR OR FOUR HUNDRED NINETY-FIVE OF THE JUDICIARY LAW, OR OTHERWISE PROHIBITED BY LAW, INCLUDING THE UNAUTHORIZED PRACTICE OF LAW. S. 6357 86 A. 8557 (G) NO PERSON OR ENTITY WHO ACTS AS AN AGENT, REPRESENTATIVE, ATTOR- NEY, OR EMPLOYEE OF THE OWNER, LESSEE, OR MORTGAGEE, OR PROSPECTIVE OWNER, LESSEE, OR MORTGAGEE OF THE REAL PROPERTY OR ANY INTEREST THEREIN AND WHO ALSO IS A MEMBER, EMPLOYEE, OR DIRECTOR OF A TITLE INSURANCE AGENT, OWNS ANY INTEREST IN A TITLE INSURANCE AGENT, OR IS A SUBSIDIARY OR AFFILIATE OF ANY TITLE INSURANCE AGENT, SHALL REFER AN APPLICANT FOR INSURANCE TO SUCH AGENT, AND NO SUCH TITLE INSURANCE AGENT SHALL ACCEPT ANY SUCH REFERRAL OF TITLE INSURANCE BUSINESS, UNLESS THE REFERRAL IS MADE IN ACCORDANCE WITH SECTION SIX THOUSAND FOUR HUNDRED NINE OF THIS CHAPTER AND SUCH PERSON OR ENTITY, AT THE TIME OF MAKING A REFERRAL, PROVIDES, AT A MINIMUM, THE FOLLOWING WRITTEN DISCLOSURE TO THE APPLI- CANT: (1) THE NATURE OF THE RELATIONSHIP BETWEEN THE PERSON OR ENTITY AND THE TITLE INSURANCE AGENT; (2) THAT THE PARTY BEING REFERRED IS NOT REQUIRED TO USE THE SERVICES OF THE TITLE INSURANCE AGENT OR THE TITLE INSURANCE CORPORATION TO WHICH THE PARTY IS BEING REFERRED; (3) THAT ANY MONEY OR OTHER THING OF VALUE DIRECTLY OR INDIRECTLY PAID BY THE TITLE INSURANCE AGENT OR TITLE INSURANCE CORPORATION TO THE PERSON OR ENTITY IS BASED ON THE PERSON OR ENTITY'S FINANCIAL INTEREST IN THE TITLE INSURANCE AGENT, AND IS NOT RELATED TO THE AMOUNT OF TITLE INSURANCE BUSINESS THE PERSON OR ENTITY REFERS TO THE TITLE INSURANCE AGENT; (4) THAT THE PERSON OR ENTITY IS NOT REQUIRED TO REFER A SPECIFIED AMOUNT OF TITLE INSURANCE BUSINESS TO THE TITLE INSURANCE AGENCY; AND (5) THE AMOUNT OR VALUE OF ANY COMPENSATION OR OTHER THING OF VALUE THAT THE PERSON OR ENTITY EXPECTS TO RECEIVE IN CONNECTION WITH THE SERVICES TO BE PROVIDED BY THE TITLE INSURANCE AGENT OR THE TITLE INSUR- ANCE CORPORATION TO WHICH THE PARTY IS BEING REFERRED. S 11. The section heading of section 2119 of the insurance law, as amended by chapter 499 of the laws of 2009, is amended and a new subsection (f) is added to read as follows: Insurance agents, brokers, consultants, [and] life settlement brokers, TITLE INSURANCE AGENTS AND TITLE INSURANCE CLOSERS; written contract for compensation; excess charges prohibited. (F) NO TITLE INSURANCE AGENT OR TITLE INSURANCE CLOSER MAY RECEIVE ANY COMPENSATION OR FEE, DIRECT OR INDIRECT, FOR OR ON ACCOUNT OF SERVICES PERFORMED IN CONNECTION WITH THE ISSUANCE OF A TITLE INSURANCE POLICY, UNLESS SUCH COMPENSATION IS: (1) FOR ANCILLARY SERVICES NOT ENCOMPASSED IN THE RATE OF PREMIUM APPROVED BY THE SUPERINTENDENT; AND (2) BASED UPON A WRITTEN MEMORANDUM SIGNED BY THE PARTY TO BE CHARGED, AND SPECI- FYING OR CLEARLY DEFINING THE AMOUNT OR EXTENT OF SUCH COMPENSATION. A COPY OF EVERY SUCH MEMORANDUM SHALL BE RETAINED BY THE LICENSEE FOR NOT LESS THAN THREE YEARS AFTER SUCH SERVICES HAVE BEEN FULLY PERFORMED. S 12. The section heading and subsections (a) and (c) of section 2120 of the insurance law are amended to read as follows: Fiduciary capacity of insurance agents, TITLE INSURANCE AGENTS, TITLE INSURANCE CLOSERS, insurance brokers and reinsurance intermediaries. (a) Every insurance agent, TITLE INSURANCE AGENT, TITLE INSURANCE CLOSER, and [every] insurance broker acting as such in this state shall be responsible in a fiduciary capacity for all funds received or collected as insurance agent or insurance broker, and shall not, without the express consent of his, HER or its principal, mingle any such funds with his, HER or its own funds or with funds held by him, HER or it in any other capacity. S. 6357 87 A. 8557 (c) This section shall not require any such INSURANCE agent, TITLE INSURANCE AGENT, TITLE INSURANCE CLOSER, INSURANCE broker or reinsurance intermediary to maintain a separate bank deposit for the funds of each such principal, if and as long as the funds so held for each such prin- cipal are reasonably ascertainable from the books of account and records of such agent, broker or reinsurance intermediary, as the case may be. S 13. The section heading and subsection (a) of section 2122 of the insurance law are amended to read as follows: Advertising by insurance [agents and brokers] PRODUCERS. (a) (1) No insurance [agent or insurance broker] PRODUCER shall make or issue in this state any advertisement, sign, pamphlet, circular, card or other public announcement purporting to make known the financial condition of any insurer, unless the same shall conform to the requirements of section one thousand three hundred thirteen of this chapter. (2) No insurance [agent, insurance broker] PRODUCER or other person, shall, by any advertisement or public announcement in this state, call attention to any unauthorized insurer or insurers. S 14. Subsections (a) and (b) of section 2128 of the insurance law, subsection (b) as further amended by section 104 of part A of chapter 62 of the laws of 2011, are amended to read as follows: (a) Notwithstanding the provisions of sections two thousand three hundred twenty-four and four thousand two hundred twenty-four of this chapter, no [insurance agent, insurance broker, insurance consultant, excess line broker, reinsurance intermediary or insurance adjuster] LICENSEE SUBJECT TO THIS ARTICLE shall receive any commissions or fees or shares thereof in connection with insurance coverages placed for or insurance services rendered to the state, its agencies and departments, public benefit corporations, municipalities and other governmental subdivisions in this state, unless such [insurance agent, insurance broker, insurance consultant, excess line broker, reinsurance interme- diary or insurance adjuster] LICENSEE actually placed insurance cover- ages on behalf of or rendered insurance services to the state, its agen- cies and departments, public benefit corporations, municipalities and other governmental subdivisions in this state. (b) The superintendent shall, by regulation, require [insurance agents, insurance brokers, insurance consultants, excess line brokers, reinsurance intermediaries and insurance adjusters] LICENSEES SUBJECT TO THIS ARTICLE to file disclosure statements with the department of finan- cial services and the most senior official of the governmental unit involved, with respect to any insurance coverages placed for or insur- ance services rendered to the state, its agencies and departments, public benefit corporations, municipalities and other governmental subdivisions in this state, EXCEPT THAT NEITHER A TITLE INSURANCE CORPO- RATION NOR A TITLE INSURANCE AGENT SHALL BE REQUIRED TO FILE A DISCLO- SURE STATEMENT IF AN INDUSTRIAL DEVELOPMENT AGENCY, STATE OF NEW YORK MORTGAGE AGENCY OR ITS SUCCESSOR, OR ANY SIMILAR TYPE OF ENTITY, IS THE NAMED INSURED UNDER THE POLICY AND IS A MORTGAGEE WITH RESPECT TO THE PROPERTY INSURED. S 15. Subsections (a) and (b) of section 2132 of the insurance law, as amended by chapter 499 of the laws of 2009, are amended to read as follows: (a) This section shall apply to resident and non-resident persons licensed pursuant to this article with respect to: (1) life insurance, annuity contracts, variable annuity contracts and variable life insurance; (2) sickness, accident and health insurance; S. 6357 88 A. 8557 (3) all lines of property and casualty insurance; [and] (4) life settlements[.]; AND (5) TITLE INSURANCE. (b) This section shall not apply to: (1) those persons holding licenses for which an examination is not required by the laws of this state; (2) any limited licensees or any other licensees as the superintendent may exempt subject to any continuing education requirements deemed appropriate by the superintendent; [or] (3) for purposes of the continuing education requirements for life settlements, an insurance producer with a life line of authority who is acting as a life settlement broker pursuant to section two thousand one hundred thirty-seven of this article; OR (4) FOR PURPOSES OF A TITLE INSURANCE AGENT LICENSE, AN ATTORNEY LICENSED TO PRACTICE LAW IN THIS STATE. S 16. The insurance law is amended by adding a new section 2139 to read as follows: S 2139. FINGERPRINTING. (A) (1) EXCEPT AS PROVIDED IN SUBSECTION (B) OF THIS SECTION, THE SUPERINTENDENT MAY REQUIRE ANY INDIVIDUAL NAMED IN AN APPLICATION FOR A LICENSE UNDER SECTION TWO THOUSAND ONE HUNDRED FORTY, TWO THOUSAND ONE HUNDRED FORTY-ONE, OR TWO THOUSAND ONE HUNDRED FORTY-TWO OF THIS ARTICLE TO SUBMIT A SET OF FINGERPRINTS. SUCH FINGER- PRINTS SHALL BE SUBMITTED TO THE DIVISION OF CRIMINAL JUSTICE SERVICES FOR A STATE CRIMINAL HISTORY RECORD CHECK, AND MAY BE SUBMITTED TO THE FEDERAL BUREAU OF INVESTIGATION FOR A NATIONAL CRIMINAL HISTORY RECORD CHECK. ALL SUCH CRIMINAL HISTORY RECORDS MADE AVAILABLE TO THE SUPER- INTENDENT PURSUANT TO THIS SECTION SHALL BE CONFIDENTIAL PURSUANT TO THE APPLICABLE FEDERAL AND STATE LAWS, RULES AND REGULATIONS, AND SHALL NOT BE PUBLISHED OR IN ANY WAY DISCLOSED TO PERSONS OTHER THAN THE SUPER- INTENDENT, UNLESS OTHERWISE AUTHORIZED BY LAW. (2) THE SUPERINTENDENT SHALL INFORM SUCH APPLICANT THAT HE OR SHE MAY OBTAIN A COPY OF HIS OR HER CRIMINAL HISTORY RECORD MAINTAINED BY THE DIVISION OF CRIMINAL JUSTICE SERVICES, IF ANY, AND MAY CHALLENGE THE COMPLETENESS OR ACCURACY OF THE INFORMATION CONTAINED IN SUCH RECORD, PURSUANT TO REGULATIONS AND PROCEDURES ESTABLISHED BY THE DIVISION OF CRIMINAL JUSTICE SERVICES. (3) ALL DETERMINATIONS TO GRANT OR DENY CLEARANCE FOR LICENSURE PURSU- ANT TO THIS SECTION SHALL BE IN ACCORDANCE WITH SUBDIVISION SIXTEEN OF SECTION TWO HUNDRED NINETY-SIX OF THE EXECUTIVE LAW AND ARTICLE TWENTY- THREE-A OF THE CORRECTION LAW. WHEN THE SUPERINTENDENT DENIES AN APPLI- CATION, WRITTEN NOTICE OF SUCH DETERMINATION SHALL BE GIVEN TO THE PROSPECTIVE APPLICANT WHO SHALL BE AFFORDED NOTICE AND THE RIGHT TO BE HEARD AND OFFER PROOF IN OPPOSITION TO SUCH DETERMINATION. (B) THE SUPERINTENDENT SHALL WAIVE THE FINGERPRINTING REQUIREMENT FOR A NONRESIDENT PRODUCER LICENSE APPLICANT AS PROVIDED IN SECTION TWO THOUSAND ONE HUNDRED THIRTY-SIX OF THIS ARTICLE. S 17. The insurance law is amended by adding a new section 2140 to read as follows: S 2140. TITLE INSURANCE AGENTS; LICENSING. (A) THE SUPERINTENDENT MAY ISSUE A LICENSE TO ANY PERSON, FIRM, ASSOCIATION OR CORPORATION THAT HAS COMPLIED WITH THE REQUIREMENTS OF THIS CHAPTER, AUTHORIZING THE LICENSEE TO ACT AS A TITLE INSURANCE AGENT OF ANY AUTHORIZED TITLE INSURANCE CORPORATION, PROVIDED THAT SUCH TITLE INSURANCE AGENT DEMONSTRATES FINANCIAL ACCOUNTABILITY AS EVIDENCED BY A BOND OR OTHER METHOD OF FINANCIAL ACCOUNTABILITY IN AN AMOUNT NOT LESS THAN FIFTY THOUSAND DOLLARS. S. 6357 89 A. 8557 (B) ANY SUCH LICENSE ISSUED TO A FIRM OR ASSOCIATION SHALL AUTHORIZE ONLY THE MEMBERS THEREOF, NAMED IN SUCH LICENSE AS SUB-LICENSEES, TO ACT INDIVIDUALLY AS TITLE INSURANCE AGENTS THEREUNDER, AND ANY SUCH LICENSE ISSUED TO A CORPORATION SHALL AUTHORIZE ONLY THE OFFICERS AND DIRECTORS THEREOF, NAMED IN SUCH LICENSE AS SUB-LICENSEES, TO ACT INDIVIDUALLY AS TITLE INSURANCE AGENTS THEREUNDER. EVERY SUB-LICENSEE ACTING AS TITLE INSURANCE AGENT PURSUANT TO SUCH A LICENSE SHALL BE AUTHORIZED SO TO ACT ONLY IN THE NAME OF THE LICENSEE. IN THE CASE OF A LICENSE ISSUED TO A TITLE INSURANCE AGENT, AT LEAST ONE DESIGNATED SUB-LICENSEE MUST HAVE A FINANCIAL OR OTHER BENEFICIAL INTEREST IN THE LICENSEE. (C) EVERY INDIVIDUAL APPLICANT FOR A LICENSE UNDER THIS SECTION AND EVERY PROPOSED LICENSEE SHALL BE EIGHTEEN YEARS OF AGE OR OLDER AT THE TIME OF THE ISSUANCE OF SUCH LICENSE. (D) BEFORE ANY ORIGINAL TITLE INSURANCE AGENT'S LICENSE IS ISSUED, THERE SHALL BE ON FILE IN THE OFFICE OF THE SUPERINTENDENT AN APPLICA- TION BY THE PROSPECTIVE LICENSEE IN SUCH FORM OR FORMS AND SUPPLEMENTS THERETO, ALONG WITH A FEE IN THE AMOUNT OF FORTY DOLLARS FOR EACH YEAR OR FRACTION OF A YEAR IN WHICH THE LICENSE SHALL BE VALID, AND CONTAIN- ING INFORMATION THE SUPERINTENDENT PRESCRIBES. (E) THE SUPERINTENDENT SHALL, IN ORDER TO DETERMINE THE COMPETENCY OF EVERY INDIVIDUAL APPLICANT AND OF EVERY PROPOSED SUB-LICENSEE FOR THE TITLE INSURANCE AGENT LICENSE, REQUIRE SUCH INDIVIDUAL TO SUBMIT TO A PERSONAL WRITTEN EXAMINATION AND TO PASS THE SAME TO THE SATISFACTION OF THE SUPERINTENDENT. THE EXAMINATION SHALL BE HELD AT SUCH TIMES AND PLACES AS THE SUPERINTENDENT SHALL FROM TIME TO TIME DETERMINE. EVERY INDIVIDUAL APPLYING TO TAKE ANY WRITTEN EXAMINATION SHALL, AT THE TIME OF APPLYING THEREFOR, PAY TO THE SUPERINTENDENT OR, AT THE DISCRETION OF THE SUPERINTENDENT, DIRECTLY TO ANY ORGANIZATION THAT IS UNDER CONTRACT TO PROVIDE EXAMINATION SERVICES, AN EXAMINATION FEE OF AN AMOUNT THAT IS THE ACTUAL DOCUMENTED ADMINISTRATIVE COST OF CONDUCTING SAID QUALIFYING EXAMINATION AS CERTIFIED BY THE SUPERINTENDENT FROM TIME TO TIME. AN EXAMINATION FEE REPRESENTS AN ADMINISTRATIVE EXPENSE AND SHALL NOT BE REFUNDABLE. THE SUPERINTENDENT MAY ACCEPT, IN LIEU OF ANY SUCH EXAMINA- TION, THE RESULT OF ANY PREVIOUS WRITTEN EXAMINATION, GIVEN BY THE SUPERINTENDENT, WHICH IN THE SUPERINTENDENT'S JUDGMENT, IS EQUIVALENT TO THE EXAMINATION FOR WHICH IT IS SUBSTITUTED. (F) EVERY INDIVIDUAL SEEKING TO QUALIFY TO OBTAIN A LICENSE UNDER SUBSECTION (B) OF THIS SECTION SHALL BE REQUIRED TO PASS THE TYPE OR TYPES OF EXAMINATION PRESCRIBED BY THE SUPERINTENDENT. AN INDIVIDUAL SHALL NOT BE DEEMED QUALIFIED TO TAKE THE EXAMINATION UNLESS THE INDI- VIDUAL HAS SUCCESSFULLY COMPLETED A COURSE OR COURSES, APPROVED AS TO METHOD AND CONTENT BY THE SUPERINTENDENT, COVERING THE TITLE INSURANCE BUSINESS AND REQUIRING NOT LESS THAN TWENTY HOURS OF CLASSROOM WORK, IN INSTITUTIONS OF LEARNING MEETING THE STANDARDS PRESCRIBED BY PARAGRAPH ONE OF SUBSECTION (A) OF SECTION TWO THOUSAND ONE HUNDRED FOUR OF THIS ARTICLE. (G) NO SUCH WRITTEN EXAMINATION OR PRE-LICENSING EDUCATION SHALL BE REQUIRED OF ANY: (1) APPLICANT WHO FILES AN APPLICATION UNDER THIS SECTION WITHIN ONE YEAR AFTER THE EFFECTIVE DATE OF THIS SUBSECTION AND WHO DEMONSTRATES TO THE SATISFACTION OF THE SUPERINTENDENT THAT SUCH APPLICANT OR ITS PROSPECTIVE SUB-LICENSEE HAS, WITHOUT INTERRUPTION, REGULARLY AND CONTINUOUSLY PERFORMED THE FUNCTIONS OF A TITLE INSURANCE AGENT FOR A PERIOD OF AT LEAST FIVE YEARS IMMEDIATELY PRECEDING THE FILING OF SUCH APPLICATION AND IS COMPETENT AND TRUSTWORTHY TO ACT AS A TITLE INSURANCE AGENT; S. 6357 90 A. 8557 (2) APPLICANT WHO HAS PASSED THE WRITTEN EXAMINATION GIVEN BY THE SUPERINTENDENT FOR A TITLE INSURANCE AGENT'S LICENSE AND WAS LICENSED AS SUCH, OR OF AN APPLICANT WHO WAS LICENSED AS A TITLE INSURANCE AGENT BUT DID NOT PASS SUCH AN EXAMINATION, PROVIDED THE APPLICANT APPLIES WITHIN TWO YEARS FOLLOWING THE DATE OF TERMINATION OF THE APPLICANT'S LICENSE; OR (3) APPLICANT SEEKING TO OBTAIN A LICENSE AS A TITLE INSURANCE AGENT, WHEN SUCH APPLICANT IS A LICENSED ATTORNEY-AT-LAW IN THIS STATE. (H) THE SUPERINTENDENT MAY REFUSE TO ISSUE TO AN APPLICANT A TITLE INSURANCE AGENT'S LICENSE IF, IN THE SUPERINTENDENT'S JUDGMENT, THE PROPOSED LICENSEE OR ANY SUB-LICENSEE: (1) IS NOT TRUSTWORTHY AND COMPETENT TO ACT AS SUCH AGENT; (2) HAS GIVEN CAUSE FOR THE REVOCATION OR SUSPENSION OF SUCH A LICENSE; OR (3) HAS FAILED TO COMPLY WITH ANY PREREQUISITE FOR THE ISSUANCE OF SUCH LICENSE. (I) (1) EVERY LICENSE ISSUED TO A BUSINESS ENTITY PURSUANT TO SUBSECTION (A) OF THIS SECTION SHALL EXPIRE ON JUNE THIRTIETH OF ODD-NUMBERED YEARS. (2) EVERY LICENSE ISSUED TO AN INDIVIDUAL BORN IN AN ODD-NUMBERED YEAR SHALL EXPIRE ON THE INDIVIDUAL'S BIRTHDAY IN EACH ODD-NUMBERED YEAR. LICENSES ISSUED TO INDIVIDUALS BORN IN EVEN-NUMBERED YEARS SHALL EXPIRE ON THE INDIVIDUAL'S BIRTHDAY IN EACH EVEN-NUMBERED YEAR. (3) EVERY LICENSE MAY BE RENEWED FOR THE ENSUING PERIOD OF TWENTY-FOUR MONTHS UPON THE FILING OF AN APPLICATION IN CONFORMITY WITH THIS SUBSECTION. (4) THE LICENSE MAY BE ISSUED FOR ALL OF SUCH TWO YEAR TERMS, OR UPON APPLICATION MADE DURING ANY SUCH TERM, FOR THE BALANCE THEREOF. (5) ANY LICENSE SHALL BE CONSIDERED IN GOOD STANDING WITHIN THE LICENSE TERM UNLESS: (A) REVOKED OR SUSPENDED BY THE SUPERINTENDENT PURSUANT TO THIS ARTI- CLE; OR (B) IF AT THE EXPIRATION DATE OF THE LICENSE TERM, THE LICENSEE FAILS TO FILE A RENEWAL APPLICATION, PROVIDED THE LICENSE WAS IN GOOD STANDING DURING THE TERM. (6) BEFORE THE RENEWAL OF ANY TITLE INSURANCE AGENT'S LICENSE SHALL BE ISSUED, THE LICENSEE SHALL HAVE: (A) FILED A COMPLETED RENEWAL APPLICATION IN SUCH FORM OR FORMS, AND SUPPLEMENTS THERETO, AND CONTAINING SUCH INFORMATION AS THE SUPERINTEN- DENT MAY PRESCRIBE; AND (B) PAID SUCH FEES AS ARE PRESCRIBED IN THIS SECTION. (7) IF AN APPLICATION FOR A RENEWAL LICENSE SHALL HAVE BEEN FILED WITH THE SUPERINTENDENT BEFORE THE EXPIRATION OF SUCH LICENSE, THEN THE LICENSE SOUGHT TO BE RENEWED SHALL CONTINUE IN FULL FORCE AND EFFECT EITHER UNTIL THE ISSUANCE BY THE SUPERINTENDENT OF THE RENEWAL LICENSE APPLIED FOR OR UNTIL FIVE DAYS AFTER THE SUPERINTENDENT SHALL HAVE REFUSED TO ISSUE SUCH RENEWAL LICENSE AND SHALL HAVE GIVEN NOTICE OF SUCH REFUSAL TO THE APPLICANT AND TO EACH PROPOSED SUB-LICENSEE. BEFORE REFUSING TO RENEW ANY SUCH LICENSE, EXCEPT ON THE GROUND OF FAILURE TO PASS A WRITTEN EXAMINATION, THE SUPERINTENDENT SHALL NOTIFY THE APPLI- CANT OF THE SUPERINTENDENT'S INTENTION TO DO SO AND SHALL GIVE THE APPLICANT A HEARING. (8) THE SUPERINTENDENT MAY, IN ISSUING A RENEWAL LICENSE, DISPENSE WITH THE REQUIREMENTS OF A VERIFIED APPLICATION BY ANY INDIVIDUAL LICEN- SEE OR SUB-LICENSEE WHO, BY REASON OF BEING ENGAGED IN ANY MILITARY SERVICE FOR THE UNITED STATES, IS UNABLE TO MAKE PERSONAL APPLICATION S. 6357 91 A. 8557 FOR SUCH RENEWAL LICENSE, UPON THE FILING OF AN APPLICATION ON BEHALF OF SUCH INDIVIDUAL, IN SUCH FORM AS THE SUPERINTENDENT SHALL PRESCRIBE, BY SOME PERSON OR PERSONS WHO IN HIS OR HER JUDGMENT HAVE KNOWLEDGE OF THE FACTS AND WHO MAKE AFFIDAVIT SHOWING SUCH MILITARY SERVICE AND THE INABILITY OF SUCH TITLE INSURANCE AGENT TO MAKE PERSONAL APPLICATION. (9) AN INDIVIDUAL LICENSEE OR SUB-LICENSEE WHO IS UNABLE TO COMPLY WITH LICENSE RENEWAL PROCEDURES DUE TO OTHER EXTENUATING CIRCUMSTANCES, SUCH AS A LONG-TERM MEDICAL DISABILITY, MAY REQUEST A WAIVER OF SUCH PROCEDURES, IN SUCH FORM AS THE SUPERINTENDENT SHALL PRESCRIBE. THE LICENSEE OR SUB-LICENSEE MAY ALSO REQUEST A WAIVER OF ANY EXAMINATION REQUIREMENT OR ANY OTHER FINE OR SANCTION IMPOSED FOR FAILURE TO COMPLY WITH RENEWAL PROCEDURES. (10) AN APPLICATION FOR THE RENEWAL OF A LICENSE SHALL BE FILED WITH THE SUPERINTENDENT NOT LESS THAN SIXTY DAYS PRIOR TO THE DATE THE LICENSE EXPIRES OR THE APPLICANT SHALL BE SUBJECT TO A FURTHER FEE OF TEN DOLLARS FOR LATE FILING. (11) NO LICENSE FEE SHALL BE REQUIRED OF ANY PERSON WHO SERVED AS A MEMBER OF THE ARMED FORCES OF THE UNITED STATES AT ANY TIME, AND WHO SHALL HAVE BEEN DISCHARGED THEREFROM UNDER CONDITIONS OTHER THAN DISHONORABLE, IN A CURRENT LICENSING PERIOD FOR THE DURATION OF SUCH PERIOD. (12) EXCEPT WHERE A CORPORATION, ASSOCIATION OR FIRM LICENSED AS A TITLE INSURANCE AGENT IS APPLYING TO ADD A SUB-LICENSEE OR THE DATE OF THE EXPIRATION OF THE LICENSE IS CHANGED, THERE SHALL BE NO FEE REQUIRED FOR THE ISSUANCE OF AN AMENDED LICENSE. (13) THE SUPERINTENDENT MAY ISSUE A REPLACEMENT LICENSE FOR A CURRENT- LY IN-FORCE LICENSE THAT HAS BEEN LOST OR DESTROYED. BEFORE SUCH REPLACEMENT LICENSE SHALL BE ISSUED, THERE SHALL BE ON FILE IN THE OFFICE OF THE SUPERINTENDENT A WRITTEN APPLICATION FOR SUCH REPLACEMENT LICENSE, AFFIRMING UNDER PENALTY OF PERJURY THAT THE ORIGINAL LICENSE HAS BEEN LOST OR DESTROYED, TOGETHER WITH A FEE OF FIFTEEN DOLLARS. (J) THE SUPERINTENDENT MAY REFUSE TO ISSUE A LICENSE OR RENEWAL LICENSE, AS THE CASE MAY BE, TO ANY APPLICANT IF THE SUPERINTENDENT FINDS THAT SUCH APPLICANT HAS BEEN OR WILL BE RECEIVING ANY BENEFIT OR ADVANTAGE IN VIOLATION OF SECTION SIX THOUSAND FOUR HUNDRED NINE OF THIS CHAPTER, OR IF THE SUPERINTENDENT FINDS THAT MORE THAN TEN PERCENT OF THE AGGREGATE NET COMMISSIONS OR OTHER COMPENSATION RECEIVED DURING THE TERM OF THE EXISTING LICENSE, IF ANY, OR TO BE RECEIVED DURING THE TERM OF THE LICENSE APPLIED FOR, BY THE APPLICANT, RESULTED OR WILL RESULT FROM INSURANCE ON THE PROPERTY AND RISKS SET FORTH IN SUBPARAGRAPHS (A), (B) AND (C) OF PARAGRAPH ONE OF SUBSECTION (I) OF SECTION TWO THOUSAND ONE HUNDRED THREE OF THIS ARTICLE, EXCEPT THAT IN DETERMINING THE TEN PERCENT, THE AGGREGATE NET COMMISSIONS OR OTHER COMPENSATION SHALL NOT INCLUDE COMMISSIONS OR OTHER COMPENSATION FROM MORTGAGE REFINANCING TRANSACTIONS INVOLVING REAL PROPERTY USED PREDOMINANTLY FOR RESIDENTIAL PURPOSES AND WHICH CONSISTS OF NOT MORE THAN FOUR DWELLING UNITS, OTHER THAN HOTELS AND MOTELS. EVERY LICENSEE SUBJECT TO THIS CHAPTER SHALL CERTIFY AT THE TIME OF LICENSING OR UPON RENEWAL TO THE SUPERINTENDENT THAT SUCH LICENSEE IS IN COMPLIANCE WITH THIS SUBSECTION. S 18. The insurance law is amended by adding a new section 2141 to read as follows: S 2141. TITLE INSURANCE CLOSERS; LICENSING. (A) THE SUPERINTENDENT MAY ISSUE A LICENSE TO ANY INDIVIDUAL WHO HAS COMPLIED WITH THE REQUIREMENTS OF THIS CHAPTER, AUTHORIZING THE LICENSEE TO ACT AS A TITLE INSURANCE CLOSER FOR ANY AUTHORIZED TITLE INSURANCE CORPORATION OR TITLE INSURANCE AGENT. S. 6357 92 A. 8557 (B) EVERY INDIVIDUAL APPLICANT FOR A LICENSE UNDER THIS SECTION SHALL BE EIGHTEEN YEARS OF AGE OR OLDER AT THE TIME OF THE ISSUANCE OF SUCH LICENSE. (C) BEFORE ANY ORIGINAL TITLE INSURANCE CLOSER'S LICENSE IS ISSUED, THERE SHALL BE ON FILE IN THE OFFICE OF THE SUPERINTENDENT AN APPLICA- TION BY THE PROSPECTIVE LICENSEE IN SUCH FORM OR FORMS AND SUPPLEMENTS THERETO, ALONG WITH A FEE IN THE AMOUNT OF FORTY DOLLARS FOR EACH YEAR OR FRACTION OF A YEAR IN WHICH THE LICENSE SHALL BE VALID, AND CONTAIN- ING INFORMATION THE SUPERINTENDENT PRESCRIBES. (D) THE SUPERINTENDENT SHALL, IN ORDER TO DETERMINE THE COMPETENCY OF EVERY INDIVIDUAL APPLICANT FOR THE TITLE INSURANCE CLOSER LICENSE, REQUIRE SUCH INDIVIDUAL TO SUBMIT TO A PERSONAL WRITTEN EXAMINATION AND TO PASS THE SAME TO THE SATISFACTION OF THE SUPERINTENDENT. THE EXAMINA- TION SHALL BE HELD AT SUCH TIMES AND PLACES AS THE SUPERINTENDENT SHALL FROM TIME TO TIME DETERMINE. EVERY INDIVIDUAL APPLYING TO TAKE ANY WRIT- TEN EXAMINATION SHALL, AT THE TIME OF APPLYING THEREFOR, PAY TO THE SUPERINTENDENT OR, AT THE DISCRETION OF THE SUPERINTENDENT, DIRECTLY TO ANY ORGANIZATION THAT IS UNDER CONTRACT TO PROVIDE EXAMINATION SERVICES, AN EXAMINATION FEE OF AN AMOUNT THAT IS THE ACTUAL DOCUMENTED ADMINIS- TRATIVE COST OF CONDUCTING SAID QUALIFYING EXAMINATION AS CERTIFIED BY THE SUPERINTENDENT FROM TIME TO TIME. AN EXAMINATION FEE REPRESENTS AN ADMINISTRATIVE EXPENSE AND SHALL NOT BE REFUNDABLE. THE SUPERINTENDENT MAY ACCEPT, IN LIEU OF ANY SUCH EXAMINATION, THE RESULT OF ANY PREVIOUS WRITTEN EXAMINATION, GIVEN BY THE SUPERINTENDENT, WHICH IN THE SUPER- INTENDENT'S JUDGMENT, IS EQUIVALENT TO THE EXAMINATION FOR WHICH IT IS SUBSTITUTED. (E) EVERY INDIVIDUAL SEEKING TO QUALIFY TO OBTAIN A LICENSE UNDER SUBSECTION (B) OF THIS SECTION SHALL BE REQUIRED TO PASS THE TYPE OR TYPES OF EXAMINATION PRESCRIBED BY THE SUPERINTENDENT. AN INDIVIDUAL SHALL NOT BE DEEMED QUALIFIED TO TAKE THE EXAMINATION UNLESS THE INDI- VIDUAL HAS SUCCESSFULLY COMPLETED A COURSE OR COURSES, APPROVED AS TO METHOD AND CONTENT BY THE SUPERINTENDENT, COVERING THE TITLE INSURANCE BUSINESS AND REQUIRING NOT LESS THAN TWENTY HOURS OF CLASSROOM WORK, IN INSTITUTIONS OF LEARNING MEETING THE STANDARDS PRESCRIBED BY PARAGRAPH ONE OF SUBSECTION (A) OF SECTION TWO THOUSAND ONE HUNDRED FOUR OF THIS ARTICLE. (F) NO SUCH WRITTEN EXAMINATION OR PRE-LICENSING EDUCATION SHALL BE REQUIRED OF ANY: (1) INDIVIDUAL WHO FILES AN APPLICATION UNDER THIS SECTION WITHIN ONE YEAR AFTER THE EFFECTIVE DATE OF THIS SUBSECTION AND WHO DEMONSTRATES TO THE SATISFACTION OF THE SUPERINTENDENT THAT SUCH APPLICANT HAS, WITHOUT INTERRUPTION, REGULARLY AND CONTINUOUSLY PERFORMED THE FUNCTIONS OF A TITLE INSURANCE CLOSER FOR A PERIOD OF AT LEAST FIVE YEARS IMMEDIATELY PRECEDING THE FILING OF SUCH APPLICATION AND IS COMPETENT AND TRUSTWOR- THY TO ACT AS A TITLE INSURANCE CLOSER; (2) APPLICANT WHO HAS PASSED THE WRITTEN EXAMINATION GIVEN BY THE SUPERINTENDENT FOR A TITLE INSURANCE CLOSER'S LICENSE AND WAS LICENSED AS SUCH, OR OF AN APPLICANT WHO WAS LICENSED AS A TITLE INSURANCE CLOSER BUT DID NOT PASS SUCH AN EXAMINATION, PROVIDED THE APPLICANT APPLIES WITHIN TWO YEARS FOLLOWING THE DATE OF TERMINATION OF THE APPLICANT'S LICENSE; OR (3) APPLICANT SEEKING TO OBTAIN A LICENSE AS A TITLE INSURANCE CLOSER, WHEN SUCH APPLICANT IS A LICENSED ATTORNEY-AT-LAW IN THIS STATE. (G) THE SUPERINTENDENT MAY REFUSE TO ISSUE TO AN APPLICANT A TITLE INSURANCE CLOSER'S LICENSE IF, IN THE SUPERINTENDENT'S JUDGMENT, THE PROPOSED LICENSEE: S. 6357 93 A. 8557 (1) IS NOT TRUSTWORTHY AND COMPETENT TO ACT AS SUCH CLOSER; (2) HAS GIVEN CAUSE FOR THE REVOCATION OR SUSPENSION OF SUCH A LICENSE; OR (3) HAS FAILED TO COMPLY WITH ANY PREREQUISITE FOR THE ISSUANCE OF SUCH LICENSE. (H) (1) EVERY LICENSE ISSUED TO AN INDIVIDUAL BORN IN AN ODD-NUMBERED YEAR SHALL EXPIRE ON THE INDIVIDUAL'S BIRTHDAY IN EACH ODD-NUMBERED YEAR. LICENSES ISSUED TO INDIVIDUALS BORN IN EVEN-NUMBERED YEARS SHALL EXPIRE ON THE INDIVIDUAL'S BIRTHDAY IN EACH EVEN-NUMBERED YEAR. EVERY SUCH LICENSE MAY BE RENEWED FOR THE ENSUING PERIOD OF TWENTY-FOUR MONTHS UPON THE FILING OF AN APPLICATION IN CONFORMITY WITH THIS SUBSECTION. (2) THE LICENSE MAY BE ISSUED FOR ALL OF SUCH TWO YEAR TERMS, OR UPON APPLICATION MADE DURING ANY SUCH TERM, FOR THE BALANCE THEREOF. (3) ANY LICENSE SHALL BE CONSIDERED IN GOOD STANDING WITHIN THE LICENSE TERM UNLESS: (A) REVOKED OR SUSPENDED BY THE SUPERINTENDENT PURSUANT TO THIS ARTI- CLE; OR (B) IF AT THE EXPIRATION DATE OF THE LICENSE TERM, THE LICENSEE FAILS TO FILE A RENEWAL APPLICATION, PROVIDED THE LICENSE WAS IN GOOD STANDING DURING THE TERM. (4) BEFORE THE RENEWAL OF ANY TITLE INSURANCE CLOSER'S LICENSE SHALL BE ISSUED, THE LICENSEE SHALL HAVE: (A) FILED A COMPLETED RENEWAL APPLICATION IN SUCH FORM OR FORMS, AND SUPPLEMENTS THERETO, AND CONTAINING SUCH INFORMATION AS THE SUPERINTEN- DENT MAY PRESCRIBE; AND (B) PAID SUCH FEES AS ARE PRESCRIBED IN THIS SECTION. (5) IF AN APPLICATION FOR A RENEWAL LICENSE SHALL HAVE BEEN FILED WITH THE SUPERINTENDENT BEFORE THE EXPIRATION OF SUCH LICENSE, THEN THE LICENSE SOUGHT TO BE RENEWED SHALL CONTINUE IN FULL FORCE AND EFFECT EITHER UNTIL THE ISSUANCE BY THE SUPERINTENDENT OF THE RENEWAL LICENSE APPLIED FOR OR UNTIL FIVE DAYS AFTER THE SUPERINTENDENT SHALL HAVE REFUSED TO ISSUE SUCH RENEWAL LICENSE AND SHALL HAVE GIVEN NOTICE OF SUCH REFUSAL TO THE APPLICANT. BEFORE REFUSING TO RENEW ANY SUCH LICENSE, EXCEPT ON THE GROUND OF FAILURE TO PASS A WRITTEN EXAMINATION, THE SUPERINTENDENT SHALL NOTIFY THE APPLICANT OF THE SUPERINTENDENT'S INTENTION TO DO SO AND SHALL GIVE THE APPLICANT A HEARING. (6) THE SUPERINTENDENT MAY, IN ISSUING A RENEWAL LICENSE, DISPENSE WITH THE REQUIREMENTS OF A VERIFIED APPLICATION BY ANY INDIVIDUAL LICEN- SEE WHO, BY REASON OF BEING ENGAGED IN ANY MILITARY SERVICE FOR THE UNITED STATES, IS UNABLE TO MAKE PERSONAL APPLICATION FOR SUCH RENEWAL LICENSE, UPON THE FILING OF AN APPLICATION ON BEHALF OF SUCH INDIVIDUAL, IN SUCH FORM AS THE SUPERINTENDENT SHALL PRESCRIBE, BY SOME PERSON OR PERSONS WHO IN HIS OR HER JUDGMENT HAVE KNOWLEDGE OF THE FACTS AND WHO MAKE AFFIDAVIT SHOWING SUCH MILITARY SERVICE AND THE INABILITY OF SUCH TITLE INSURANCE CLOSER TO MAKE PERSONAL APPLICATION. (7) AN INDIVIDUAL LICENSEE WHO IS UNABLE TO COMPLY WITH LICENSE RENEWAL PROCEDURES DUE TO OTHER EXTENUATING CIRCUMSTANCES, SUCH AS A LONG-TERM MEDICAL DISABILITY, MAY REQUEST A WAIVER OF SUCH PROCEDURES, IN SUCH FORM AS THE SUPERINTENDENT SHALL PRESCRIBE. THE LICENSEE MAY ALSO REQUEST A WAIVER OF ANY EXAMINATION REQUIREMENT OR ANY OTHER FINE OR SANCTION IMPOSED FOR FAILURE TO COMPLY WITH RENEWAL PROCEDURES. (8) AN APPLICATION FOR THE RENEWAL OF A LICENSE SHALL BE FILED WITH THE SUPERINTENDENT NOT LESS THAN SIXTY DAYS PRIOR TO THE DATE THE LICENSE EXPIRES OR THE APPLICANT SHALL BE SUBJECT TO A FURTHER FEE OF TEN DOLLARS FOR LATE FILING. S. 6357 94 A. 8557 (9) NO LICENSE FEE SHALL BE REQUIRED OF ANY PERSON WHO SERVED AS A MEMBER OF THE ARMED FORCES OF THE UNITED STATES AT ANY TIME, AND WHO SHALL HAVE BEEN DISCHARGED THEREFROM UNDER CONDITIONS OTHER THAN DISHONORABLE, IN A CURRENT LICENSING PERIOD FOR THE DURATION OF SUCH PERIOD. (10) THE SUPERINTENDENT MAY ISSUE A REPLACEMENT LICENSE FOR A CURRENT- LY IN-FORCE LICENSE THAT HAS BEEN LOST OR DESTROYED. BEFORE SUCH REPLACEMENT LICENSE SHALL BE ISSUED, THERE SHALL BE ON FILE IN THE OFFICE OF THE SUPERINTENDENT A WRITTEN APPLICATION FOR SUCH REPLACEMENT LICENSE, AFFIRMING UNDER PENALTY OF PERJURY THAT THE ORIGINAL LICENSE HAS BEEN LOST OR DESTROYED, TOGETHER WITH A FEE OF FIFTEEN DOLLARS. S 19. The insurance law is amended by adding a new section 2142 to read as follows: S 2142. TITLE INSURANCE SOLICITORS; LICENSING. (A) THE SUPERINTENDENT MAY ISSUE A LICENSE TO ANY INDIVIDUAL THAT HAS COMPLIED WITH THE REQUIREMENTS OF THIS CHAPTER, AUTHORIZING THE LICENSEE TO ACT AS A TITLE INSURANCE SOLICITOR FOR ANY AUTHORIZED TITLE INSURANCE CORPORATION OR TITLE INSURANCE AGENT. (B) EVERY APPLICANT FOR A LICENSE UNDER THIS SECTION SHALL BE EIGHTEEN YEARS OF AGE OR OLDER AT THE TIME OF THE ISSUANCE OF SUCH LICENSE. (C) BEFORE ANY ORIGINAL TITLE INSURANCE SOLICITOR'S LICENSE IS ISSUED, THERE SHALL BE ON FILE IN THE OFFICE OF THE SUPERINTENDENT AN APPLICA- TION BY THE PROSPECTIVE LICENSEE IN SUCH FORM OR FORMS AND SUPPLEMENTS THERETO, ALONG WITH A FEE IN THE AMOUNT OF FORTY DOLLARS FOR EACH YEAR OR FRACTION OF A YEAR IN WHICH THE LICENSE SHALL BE VALID, AND CONTAIN- ING INFORMATION THE SUPERINTENDENT PRESCRIBES. (D) THE SUPERINTENDENT SHALL, IN ORDER TO DETERMINE THE COMPETENCY OF EVERY APPLICANT FOR THE TITLE INSURANCE SOLICITOR LICENSE, REQUIRE SUCH INDIVIDUAL TO SUBMIT TO A PERSONAL WRITTEN EXAMINATION AND TO PASS THE SAME TO THE SATISFACTION OF THE SUPERINTENDENT. THE EXAMINATION SHALL BE HELD AT SUCH TIMES AND PLACES AS THE SUPERINTENDENT SHALL FROM TIME TO TIME DETERMINE. EVERY INDIVIDUAL APPLYING TO TAKE ANY WRITTEN EXAMINA- TION SHALL, AT THE TIME OF APPLYING THEREFOR, PAY TO THE SUPERINTENDENT OR, AT THE DISCRETION OF THE SUPERINTENDENT, DIRECTLY TO ANY ORGANIZA- TION THAT IS UNDER CONTRACT TO PROVIDE EXAMINATION SERVICES, AN EXAMINA- TION FEE OF AN AMOUNT THAT IS THE ACTUAL DOCUMENTED ADMINISTRATIVE COST OF CONDUCTING SAID QUALIFYING EXAMINATION AS CERTIFIED BY THE SUPER- INTENDENT FROM TIME TO TIME. AN EXAMINATION FEE REPRESENTS AN ADMINIS- TRATIVE EXPENSE AND SHALL NOT BE REFUNDABLE. THE SUPERINTENDENT MAY ACCEPT, IN LIEU OF ANY SUCH EXAMINATION, THE RESULT OF ANY PREVIOUS WRITTEN EXAMINATION, GIVEN BY THE SUPERINTENDENT, WHICH IN THE SUPER- INTENDENT'S JUDGMENT, IS EQUIVALENT TO THE EXAMINATION FOR WHICH IT IS SUBSTITUTED. (E) EVERY INDIVIDUAL SEEKING TO QUALIFY TO OBTAIN A LICENSE UNDER SUBSECTION (B) OF THIS SECTION SHALL BE REQUIRED TO PASS THE TYPE OR TYPES OF EXAMINATION PRESCRIBED BY THE SUPERINTENDENT. AN INDIVIDUAL SHALL NOT BE DEEMED QUALIFIED TO TAKE THE EXAMINATION UNLESS THE INDI- VIDUAL HAS SUCCESSFULLY COMPLETED A COURSE OR COURSES, APPROVED AS TO METHOD AND CONTENT BY THE SUPERINTENDENT, COVERING THE TITLE INSURANCE BUSINESS AND REQUIRING NOT LESS THAN TWENTY HOURS OF CLASSROOM WORK, IN INSTITUTIONS OF LEARNING MEETING THE STANDARDS PRESCRIBED BY PARAGRAPH ONE OF SUBSECTION (A) OF SECTION TWO THOUSAND ONE HUNDRED FOUR OF THIS ARTICLE. (F) NO SUCH WRITTEN EXAMINATION OR PRE-LICENSING EDUCATION SHALL BE REQUIRED OF ANY: S. 6357 95 A. 8557 (1) INDIVIDUAL WHO FILES AN APPLICATION UNDER THIS SECTION WITHIN ONE YEAR AFTER THE EFFECTIVE DATE OF THIS SUBSECTION AND WHO DEMONSTRATES TO THE SATISFACTION OF THE SUPERINTENDENT THAT SUCH APPLICANT HAS, WITHOUT INTERRUPTION, REGULARLY AND CONTINUOUSLY PERFORMED THE FUNCTIONS OF A TITLE INSURANCE SOLICITOR FOR A PERIOD OF AT LEAST FIVE YEARS IMMEDIATE- LY PRECEDING THE FILING OF SUCH APPLICATION AND IS COMPETENT AND TRUST- WORTHY TO ACT AS A TITLE INSURANCE CLOSER; (2) APPLICANT WHO HAS PASSED THE WRITTEN EXAMINATION GIVEN BY THE SUPERINTENDENT FOR A TITLE INSURANCE SOLICITOR'S LICENSE AND WAS LICENSED AS SUCH, OR OF AN APPLICANT WHO WAS LICENSED AS A TITLE INSUR- ANCE SOLICITOR BUT DID NOT PASS SUCH AN EXAMINATION, PROVIDED THE APPLI- CANT APPLIES WITHIN TWO YEARS FOLLOWING THE DATE OF TERMINATION OF THE APPLICANT'S LICENSE; OR (3) APPLICANT SEEKING TO OBTAIN A LICENSE AS A TITLE INSURANCE SOLICI- TOR, WHEN SUCH APPLICANT IS A LICENSED ATTORNEY-AT-LAW IN THIS STATE. (G) THE SUPERINTENDENT MAY REFUSE TO ISSUE TO AN APPLICANT A TITLE INSURANCE SOLICITOR'S LICENSE IF, IN THE SUPERINTENDENT'S JUDGMENT, THE PROPOSED LICENSEE: (1) IS NOT TRUSTWORTHY AND COMPETENT TO ACT AS SUCH SOLICITOR; (2) HAS GIVEN CAUSE FOR THE REVOCATION OR SUSPENSION OF SUCH A LICENSE; OR (3) HAS FAILED TO COMPLY WITH ANY PREREQUISITE FOR THE ISSUANCE OF SUCH LICENSE. (H) (1) EVERY LICENSE ISSUED TO AN INDIVIDUAL BORN IN AN ODD-NUMBERED YEAR SHALL EXPIRE ON THE INDIVIDUAL'S BIRTHDAY IN EACH ODD-NUMBERED YEAR. LICENSES ISSUED TO INDIVIDUALS BORN IN EVEN-NUMBERED YEARS SHALL EXPIRE ON THE INDIVIDUAL'S BIRTHDAY IN EACH EVEN-NUMBERED YEAR. EVERY SUCH LICENSE MAY BE RENEWED FOR THE ENSUING PERIOD OF TWENTY-FOUR MONTHS UPON THE FILING OF AN APPLICATION IN CONFORMITY WITH THIS SUBSECTION. (2) THE LICENSE MAY BE ISSUED FOR ALL OF SUCH TWO YEAR TERMS, OR UPON APPLICATION MADE DURING ANY SUCH TERM, FOR THE BALANCE THEREOF. (3) ANY LICENSE SHALL BE CONSIDERED IN GOOD STANDING WITHIN THE LICENSE TERM UNLESS: (A) REVOKED OR SUSPENDED BY THE SUPERINTENDENT PURSUANT TO THIS ARTI- CLE; OR (B) IF AT THE EXPIRATION DATE OF THE LICENSE TERM, THE LICENSEE FAILS TO FILE A RENEWAL APPLICATION, PROVIDED THE LICENSE WAS IN GOOD STANDING DURING THE TERM. (4) BEFORE THE RENEWAL OF ANY TITLE INSURANCE SOLICITOR'S LICENSE SHALL BE ISSUED, THE LICENSEE SHALL HAVE: (A) FILED A COMPLETED RENEWAL APPLICATION IN SUCH FORM OR FORMS, AND SUPPLEMENTS THERETO, AND CONTAINING SUCH INFORMATION AS THE SUPERINTEN- DENT MAY PRESCRIBE; AND (B) PAID SUCH FEES AS ARE PRESCRIBED IN THIS SECTION. (5) IF AN APPLICATION FOR A RENEWAL LICENSE SHALL HAVE BEEN FILED WITH THE SUPERINTENDENT BEFORE THE EXPIRATION OF SUCH LICENSE, THEN THE LICENSE SOUGHT TO BE RENEWED SHALL CONTINUE IN FULL FORCE AND EFFECT EITHER UNTIL THE ISSUANCE BY THE SUPERINTENDENT OF THE RENEWAL LICENSE APPLIED FOR OR UNTIL FIVE DAYS AFTER THE SUPERINTENDENT SHALL HAVE REFUSED TO ISSUE SUCH RENEWAL LICENSE AND SHALL HAVE GIVEN NOTICE OF SUCH REFUSAL TO THE APPLICANT. BEFORE REFUSING TO RENEW ANY SUCH LICENSE, EXCEPT ON THE GROUND OF FAILURE TO PASS A WRITTEN EXAMINATION, THE SUPERINTENDENT SHALL NOTIFY THE APPLICANT OF THE SUPERINTENDENT'S INTENTION TO DO SO AND SHALL GIVE THE APPLICANT A HEARING. (6) THE SUPERINTENDENT MAY, IN ISSUING A RENEWAL LICENSE, DISPENSE WITH THE REQUIREMENTS OF A VERIFIED APPLICATION BY ANY INDIVIDUAL LICEN- S. 6357 96 A. 8557 SEE WHO, BY REASON OF BEING ENGAGED IN ANY MILITARY SERVICE FOR THE UNITED STATES, IS UNABLE TO MAKE PERSONAL APPLICATION FOR SUCH RENEWAL LICENSE, UPON THE FILING OF AN APPLICATION ON BEHALF OF SUCH INDIVIDUAL, IN SUCH FORM AS THE SUPERINTENDENT SHALL PRESCRIBE, BY SOME PERSON OR PERSONS WHO IN HIS OR HER JUDGMENT HAVE KNOWLEDGE OF THE FACTS AND WHO MAKE AFFIDAVIT SHOWING SUCH MILITARY SERVICE AND THE INABILITY OF SUCH TITLE INSURANCE SOLICITOR TO MAKE PERSONAL APPLICATION. (7) AN INDIVIDUAL LICENSEE WHO IS UNABLE TO COMPLY WITH LICENSE RENEWAL PROCEDURES DUE TO OTHER EXTENUATING CIRCUMSTANCES, SUCH AS A LONG-TERM MEDICAL DISABILITY, MAY REQUEST A WAIVER OF SUCH PROCEDURES, IN SUCH FORM AS THE SUPERINTENDENT SHALL PRESCRIBE. THE LICENSEE MAY ALSO REQUEST A WAIVER OF ANY EXAMINATION REQUIREMENT OR ANY OTHER FINE OR SANCTION IMPOSED FOR FAILURE TO COMPLY WITH RENEWAL PROCEDURES. (8) AN APPLICATION FOR THE RENEWAL OF A LICENSE SHALL BE FILED WITH THE SUPERINTENDENT NOT LESS THAN SIXTY DAYS PRIOR TO THE DATE THE LICENSE EXPIRES OR THE APPLICANT SHALL BE SUBJECT TO A FURTHER FEE OF TEN DOLLARS FOR LATE FILING. (9) NO LICENSE FEE SHALL BE REQUIRED OF ANY PERSON WHO SERVED AS A MEMBER OF THE ARMED FORCES OF THE UNITED STATES AT ANY TIME, AND WHO SHALL HAVE BEEN DISCHARGED THEREFROM UNDER CONDITIONS OTHER THAN DISHONORABLE, IN A CURRENT LICENSING PERIOD FOR THE DURATION OF SUCH PERIOD. (10) THE SUPERINTENDENT MAY ISSUE A REPLACEMENT LICENSE FOR A CURRENT- LY IN-FORCE LICENSE THAT HAS BEEN LOST OR DESTROYED. BEFORE SUCH REPLACEMENT LICENSE SHALL BE ISSUED, THERE SHALL BE ON FILE IN THE OFFICE OF THE SUPERINTENDENT A WRITTEN APPLICATION FOR SUCH REPLACEMENT LICENSE, AFFIRMING UNDER PENALTY OF PERJURY THAT THE ORIGINAL LICENSE HAS BEEN LOST OR DESTROYED, TOGETHER WITH A FEE OF FIFTEEN DOLLARS. S 20. Section 2314 of the insurance law is amended to read as follows: S 2314. Charging of rates. No authorized insurer shall, and no licensed insurance agent, NO TITLE INSURANCE AGENT, no employee or other representative of an authorized insurer, and no licensed insurance broker shall knowingly, charge or demand a rate or receive a premium [which] THAT departs from the rates, rating plans, classifications, schedules, rules and standards in effect on behalf of the insurer, or shall issue or make any policy or contract involving a violation there- of. S 21. Section 6409 of the insurance law, subsection (c) as added by chapter 955 of the laws of 1984, is amended to read as follows: S 6409. Filing of policy forms; rates; classification of risks; commissions and rebates prohibited. (a) No title insurance policy OR GUARANTEE OF THE CORRECTNESS OF SEARCHES FORM shall be issued or deliv- ered in this state, unless [and until a copy of the form thereof shall have] IT HAS been filed with the superintendent [for his information] IN ACCORDANCE WITH ARTICLE TWENTY-THREE OF THIS CHAPTER. (b) [Every title insurance corporation shall file with the superinten- dent its rate manual, if any, its basic schedule of rates and classi- fication of risks, its rating plan and rules in connection with the writing or issuance of policies of title insurance and shall thereafter likewise file any changes therein. After any such filing no such corpo- ration shall, in connection with the writing or issuance of any such policy, deviate from the rates, classifications of risks and rules last filed by it, either by making any reduction in rates without having filed the same as herein provided, or by way of any discriminations in favor of or against any insured. The superintendent shall have the powers specified in article twenty-three of this chapter applicable to S. 6357 97 A. 8557 title insurers.] TITLE INSURANCE RATES AND RATE FILINGS, INCLUDING RATES FOR GUARANTEES OF THE CORRECTNESS OF SEARCHES, SHALL BE SUBJECT TO ARTI- CLE TWENTY-THREE OF THIS CHAPTER. (c) Notwithstanding any other provision of this article, every title insurance [company] CORPORATION shall [be required to] offer, at or prior to title closing, an optional policy form [which will insure] THAT INSURES the title of owner-occupied real property used predominantly for residential purposes [which] THAT consists of not more than four dwell- ing units for an amount equal to the market value of the property at the time a loss is discovered. Such policy form shall be filed with, AND APPROVED BY, the superintendent [pursuant to subsection (a) of this section] IN ACCORDANCE WITH ARTICLE TWENTY-THREE OF THIS CHAPTER. Rates for such coverage shall be filed AND APPROVED pursuant to [subsection (b) of this section] ARTICLE TWENTY-THREE OF THIS CHAPTER. (d) No title insurance corporation, TITLE INSURANCE AGENT, or any other person acting for or on behalf of [it] THE TITLE INSURANCE CORPO- RATION OR TITLE INSURANCE AGENT, shall OFFER OR make, DIRECTLY OR INDI- RECTLY, any rebate of any portion of the fee, premium or charge made, or pay or give to any applicant for insurance, or to any person, firm, or corporation acting as agent, representative, attorney, or employee of the owner, lessee, mortgagee or the prospective owner, lessee, or mort- gagee or the prospective owner, lessee, or mortgagee of the real proper- ty or any interest therein, either directly or indirectly, any commis- sion, any part of its fees or charges, or any other consideration or valuable thing, as an inducement for, or as compensation for, any title insurance business, NOR SHALL ANY APPLICANT FOR INSURANCE, OR ANY PERSON, FIRM, OR CORPORATION ACTING AS AGENT, REPRESENTATIVE, ATTORNEY, OR EMPLOYEE OF THE OWNER, LESSEE, MORTGAGEE OR THE PROSPECTIVE OWNER, LESSEE, OR MORTGAGEE OF THE REAL PROPERTY OR ANYONE HAVING ANY INTEREST IN REAL PROPERTY KNOWINGLY RECEIVE, DIRECTLY OR INDIRECTLY, ANY SUCH REBATE OR OTHER CONSIDERATION OR VALUABLE THING. Any person or entity who [accepts or receives such a commission or rebate] VIOLATES THIS SECTION shall be subject to a penalty equal to the greater of [one] FIVE thousand dollars or five times the amount [thereof] OF ANY COMPENSATION OR REBATE RECEIVED OR PAID. (e) Premium rates for coverage shall fully reflect the foregoing prohibitions of subsection (d) [hereof] OF THIS SECTION. S 22. This act shall take effect on the one hundred eightieth day after it shall have become a law, provided, however, that effective immediately: (1) the addition, amendment, or repeal of any rule or regulation necessary for the implementation of this act on its effective date is authorized and directed to be made and completed on or before such effective date; (2) the superintendent of financial services shall promulgate applica- tion forms for persons, firms, associations, and corporations seeking to obtain a license as a title insurance agent, or individuals seeking to obtain a license as a title insurance closer or title insurance solici- tor; and (3) each person, firm, association, or corporation who has filed an application for a license as a title insurance agent, or every individ- ual who has filed an application for a license as a title insurance closer or title insurance solicitor on or before January 1, 2015 or within 90 days after the superintendent of financial services has promulgated application forms pursuant to this act, whichever date is later, may act as such licensee without a license issued pursuant to S. 6357 98 A. 8557 section 2140, 2141, or 2142 of the insurance law, as added by sections seventeen, eighteen, and nineteen of this act, until the superintendent of financial services has made a final determination on the application for such license filed by such person, firm, association, or corpo- ration. PART W Section 1. Section 2 of part BB of chapter 58 of the laws of 2012, amending the public authorities law relating to authorizing the dormito- ry authority to enter into certain design and construction management agreements, as amended by section 1 of part I of chapter 58 of the laws of 2013, is amended to read as follows: S 2. This act shall take effect immediately and shall expire and be deemed repealed April 1, [2014] 2015. S 2. Within 90 days of the effective date of this act, the dormitory authority of the state of New York shall provide a report providing information regarding any project undertaken pursuant to a design and construction management agreement, as authorized by part BB of chapter 58 of the laws of 2012, between the dormitory authority of the state of New York and the department of environmental conservation and/or the office of parks, recreation and historic preservation to the governor, the temporary president of the senate and speaker of the assembly. Such report shall include but not be limited to a description of each such project, the project identification number of each such project, if applicable, the projected date of completion, the status of the project, the total cost or projected cost of each such project, and the location, including the names of any county, town, village or city, where each such project is located or proposed. In addition, such a report shall be provided to the aforementioned parties by the first day of March of each year that the authority to enter into such agreements pursuant to part BB of chapter 58 of the laws of 2012 is in effect. S 3. This act shall take effect immediately and shall be deemed to have been in effect on and after April 1, 2014. PART X Section 1. Section 2 of chapter 584 of the laws of 2011, amending the public authorities law relating to the powers and duties of the dormito- ry authority of the state of New York relative to the establishment of subsidiaries for certain purposes, as amended by section 28 of part D of chapter 56 of the laws of 2012, is amended to read as follows: S 2. This act shall take effect immediately and shall expire and be deemed repealed on July 1, [2014] 2016; provided however, that the expi- ration of this act shall not impair or otherwise affect any of the powers, duties, responsibilities, functions, rights or liabilities of any subsidiary duly created pursuant to subdivision twenty-five of section 1678 of the public authorities law prior to such expiration. S 2. This act shall take effect immediately. PART Y Section 1. Section 2976-a of the public authorities law is REPEALED. S 2. Section 2868 of the public health law, as amended by section 43-a of part B of chapter 58 of the laws of 2008, is amended to read as follows: S. 6357 99 A. 8557 S 2868. Fees and charges. The commissioner may by regulation establish and charge to any nursing home company, for the period of occupancy date to mortgage discharge, a fee for inspection, regulation, supervision and audit not to annually exceed two-tenths of one percent of the mortgage loan to recover the departmental costs in performing these functions IN RELATION TO ANY NURSING HOME PROJECT FINANCED OR REFINANCED BY A LOAN MADE UNDER THIS ARTICLE PRIOR TO APRIL FIRST, TWO THOUSAND FOURTEEN. NOTWITHSTANDING THE FOREGOING, NO SUCH FEE SHALL BE CHARGED OR PAYABLE PURSUANT TO THIS SECTION WITH RESPECT TO A NURSING HOME PROJECT FINANCED OR REFINANCED WITH BONDS ISSUED ON OR AFTER APRIL FIRST, TWO THOUSAND FOURTEEN. S 3. Section 2881 of the public health law, as amended by section 43-b of part B of chapter 58 of the laws of 2008, is amended to read as follows: S 2881. Fees and charges. The commissioner may, by regulation, estab- lish and charge to eligible borrowers, for the period from occupancy date to mortgage discharge, a fee for inspection, regulation, super- vision and audit not to annually exceed two-tenths of one percent of the mortgage loan to recover the departmental costs in performing these functions IN RELATION TO ANY HOSPITAL PROJECT FINANCED OR REFINANCED BY A LOAN MADE UNDER THIS ARTICLE PRIOR TO APRIL FIRST, TWO THOUSAND FOUR- TEEN. NOTWITHSTANDING THE FOREGOING, NO SUCH FEE SHALL BE CHARGED OR PAYABLE PURSUANT TO THIS SECTION WITH RESPECT TO A HOSPITAL PROJECT FINANCED OR REFINANCED WITH BONDS ISSUED ON OR AFTER APRIL FIRST, TWO THOUSAND FOURTEEN. S 4. This act shall take effect immediately. PART Z Section 1. Subdivision 3 of section 16-m of section 1 of chapter 174 of the laws of 1968 constituting the New York state urban development corporation act, as amended by chapter 81 of the laws of 2013, is amended to read as follows: 3. The provisions of this section shall expire, notwithstanding any inconsistent provision of subdivision 4 of section 469 of chapter 309 of the laws of 1996 or of any other law, on July 1, [2014] 2015. S 2. This act shall take effect immediately and shall be deemed to have been in full force and effect on and after July 1, 2014. PART AA Section 1. Section 2 of chapter 393 of the laws of 1994, amending the New York state urban development corporation act, relating to the powers of the New York state urban development corporation to make loans, as amended by section 1 of part H of chapter 58 of the laws of 2013, is amended to read as follows: S 2. This act shall take effect immediately provided, however, that section one of this act shall expire on July 1, [2014] 2015, at which time the provisions of subdivision 26 of section 5 of the New York state urban development corporation act shall be deemed repealed; provided, however, that neither the expiration nor the repeal of such subdivision as provided for herein shall be deemed to affect or impair in any manner any loan made pursuant to the authority of such subdivision prior to such expiration and repeal. S 2. This act shall take effect immediately and shall be deemed to have been in full force and effect on and after April 1, 2014. S. 6357 100 A. 8557 S 2. Severability clause. If any clause, sentence, paragraph, subdivi- sion, section or part of this act shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair, or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph, subdivision, section or part thereof directly involved in the controversy in which such judg- ment shall have been rendered. It is hereby declared to be the intent of the legislature that this act would have been enacted even if such invalid provisions had not been included herein. S 3. This act shall take effect immediately provided, however, that the applicable effective date of Parts A through AA of this act shall be as specifically set forth in the last section of such Parts.
2013-A8557A - Details
- See Senate Version of this Bill:
- S6357
- Law Section:
- Budget Bills
- Laws Affected:
- Amd Various Laws, generally
2013-A8557A - Summary
Enacts into law major components of legislation necessary to implement the transportation, economic development and environmental conservation budget for the 2014-2015 state fiscal year; amends the highway law and chapter 329 of the laws of 1991, amending the state finance law and other laws relating to the establishment of the dedicated highway and bridge trust fund, in relation to the consolidated local street and highway improvement program (CHIPS), suburban highway improvement program (SHIPS), multi-modal and Marchiselli programs; repeals certain provisions of chapter 329 of the laws of 1991 relating thereto (Part A); amends part U1 of chapter 62 of the laws of 2003 amending the vehicle and traffic law and other laws relating to increasing certain motor vehicle transaction fees, in relation to the effectiveness thereof
2013-A8557A - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ S. 6357--A A. 8557--A S E N A T E - A S S E M B L Y January 21, 2014 ___________ IN SENATE -- A BUDGET BILL, submitted by the Governor pursuant to arti- cle seven of the Constitution -- read twice and ordered printed, and when printed to be committed to the Committee on Finance -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee IN ASSEMBLY -- A BUDGET BILL, submitted by the Governor pursuant to article seven of the Constitution -- read once and referred to the Committee on Ways and Means -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the highway law and to amend chapter 329 of the laws of 1991, amending the state finance law and other laws relating to the establishment of the dedicated highway and bridge trust fund, in relation to the consolidated local street and highway improvement program (CHIPS), suburban highway improvement program (SHIPS), multi- modal and Marchiselli programs; and to repeal certain provisions of chapter 329 of the laws of 1991 relating thereto (Part A); to amend part F of chapter 56 of the laws of 2011 permitting authorized state entities to utilize the design-build method for infrastructure projects, in relation to allowing authorized local entities to utilize the design-build method for infrastructure projects, and in relation to the effectiveness thereof (Part B); to amend part U1 of chapter 62 of the laws of 2003 amending the vehicle and traffic law and other laws relating to increasing certain motor vehicle transaction fees, in relation to the effectiveness thereof; to amend chapter 84 of the laws of 2002, amending the state finance law relating to the costs of the department of motor vehicles, in relation to permanently authorizing payment of department of motor vehicle costs from the dedicated high- way and bridge trust fund; to amend the transportation law, in relation to disposition of revenues; to amend the highway law, in relation to disposition of fees charged in connection with outdoor advertising on highways; and to amend the state finance law, in relation to the dedication of revenues and the costs of rail and truck regulation (Part C); to amend chapter 58 of the laws of 2013, relating to the hours of operation of the department of motor vehicles and providing for the repeal of such provisions upon expiration thereof, in relation to the effectiveness thereof (Part D); to amend the vehi- EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted. LBD12673-02-4 S. 6357--A 2 A. 8557--A cle and traffic law and the state finance law, in relation to the authorization of the department of motor vehicles to provide the acci- dent prevention course internet program; to amend chapter 751 of the laws of 2005, amending the insurance law and the vehicle and traffic law, relating to establishing the accident prevention course internet technology pilot program, in relation to the effectiveness thereof; and to repeal certain provisions of the vehicle and traffic law relat- ing thereto (Part E); to amend the vehicle and traffic law, in relation to complying with federal requirements relating to medical certifications of commercial driver's license holders (Part F); to amend the public authorities law, in relation to toll collection regu- lations; to amend the public officers law, in relation to electronic toll collection data; to amend the vehicle and traffic law, in relation to liability of vehicle owners for toll collection violations; to amend the penal law, in relation to theft of services; and to amend chapter 774 of the laws of 1950, relating to agreeing with the state of New Jersey with respect to rules and regulations governing traffic on vehicular crossings operated by the port of New York authority, in relation to tolls and other charges (Part G); to amend chapter 67 of the laws of 1992, amending the environmental conservation law relating to pesticide product registration timetables and fees, in relation to the effective date thereof; and to amend the environmental conservation law, in relation to pesticide registration fees and reporting (Part H); to amend the environmental conservation law, the penal law, the vehicle and traffic law and the general obli- gations law, in relation to authorizing crossbow hunting, landowner liability, printing contracts for hunting and fishing guides, issuance of distinctive "I love New York" plates, fees and general powers and duties of the department of environmental conservation; and to repeal subdivisions 11 and 16 of section 11-0901 of the environmental conser- vation law relating thereto (Part I); to amend the agriculture and markets law, in relation to granting, suspending or revoking licenses for food processing establishments (Part J); to authorize the New York state energy research and development authority to finance a portion of its research, development and demonstration and policy and planning programs from assessments on gas and electric corporations (Part K); to authorize and direct the New York state energy research and devel- opment authority to make a payment to the general fund of up to $913,000 (Part L); to amend the agriculture and markets law and the public authorities law, in relation to requiring power transfer switches on gas stations located within one half mile from a strategic upstate highway (Part M); to amend chapter 21 of the laws of 2003, amending the executive law relating to permitting the secretary of state to provide special handling for all documents filed or issued by the division of corporations and to permit additional levels of such expedited service, in relation to extending the expiration date there- of (Part N); to amend the business corporation law and the not-for- profit corporation law, in relation to the transmission of incorpo- ration certificates to county clerks (Part O); to amend the executive law, in relation to the national registry fee (Part P); to authorize the department of health to finance certain activities with revenues generated from an assessment on cable television companies (Part Q); to amend the public service law, in relation to authorizing the department of public service to increase program efficiencies; and to repeal certain provisions of the public service law relating thereto (Part R); to amend the public service law, in relation to the tempo- S. 6357--A 3 A. 8557--A rary state energy and utility service conservation assessment (Part S); to amend the insurance law, in relation to unauthorized providers of health services and the examination of providers of health services (Part T); to amend the insurance law, the public health law and the financial services law, in relation to establishing protections to prevent surprise medical bills including network adequacy require- ments, claim submission requirements, access to out-of-network care and prohibition of excessive emergency charges (Part U); to amend the insurance law, in relation to licensing title insurance agents, clos- ers and solicitors; grants the superintendent of financial services the authority to require title insurance agents, closers, and solici- tor applicants to submit to fingerprinting; and to repeal certain provisions of such law relating thereto (Part V); to amend chapter 58 of the laws of 2012 amending the public authorities law relating to authorizing the dormitory authority to enter into certain design and construction management agreements, in relation to extending certain authority of the dormitory authority of the state of New York (Part W); to amend chapter 584 of the laws of 2011, amending the public authorities law relating to the powers and duties of the dormitory authority of the state of New York relative to the establishment of subsidiaries for certain purposes, in relation to the effectiveness thereof (Part X); to amend the public health law, in relation to fees in connection with certain health care facility financings; and to repeal section 2976-a of the public authorities law relating thereto (Part Y); to amend the New York state urban development corporation act, in relation to extending certain provisions relating to the empire state economic development fund (Part Z); and to amend chapter 393 of the laws of 1994, amending the New York state urban development corporation act, relating to the powers of the New York state urban development corporation to make loans, in relation to the effective- ness thereof (Part AA) THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. This act enacts into law major components of legislation which are necessary to implement the state fiscal plan for the 2014-2015 state fiscal year. Each component is wholly contained within a Part identified as Parts A through AA. The effective date for each particular provision contained within such Part is set forth in the last section of such Part. Any provision in any section contained within a Part, includ- ing the effective date of the Part, which makes a reference to a section "of this act", when used in connection with that particular component, shall be deemed to mean and refer to the corresponding section of the Part in which it is found. Section three of this act sets forth the general effective date of this act. PART A Section 1. Subdivision (d) of section 11 of chapter 329 of the laws of 1991 amending the state finance law and other laws relating to the establishment of the dedicated highway and bridge trust fund, as amended by section 4 of part A of chapter 58 of the laws of 2012, is amended to read as follows: S. 6357--A 4 A. 8557--A (d) Any such service contract (i) shall provide that the obligation of the director of the budget or the state to fund or to pay the amounts therein provided for shall not constitute a debt of the state within the meaning of any constitutional or statutory provisions in the event the thruway authority assigns or pledges service contract payments as secu- rity for its bonds or notes, (ii) shall be deemed executory only to the extent moneys are available and SHALL PROVIDE that no liability shall be incurred by the state beyond the moneys available for the purpose, and that such obligation is subject to annual appropriation by the legisla- ture, and (iii) shall provide that no funds shall be made available from the proceeds of bonds or notes issued pursuant to this chapter unless the commissioner of transportation has certified to the [chairman of the thruway authority] DIRECTOR OF THE BUDGET that such funds shall be used exclusively for the purposes authorized by subdivision (a) of this section, and/or construction, reconstruction or improvement of local highways, bridges and/or highway-railroad crossings, including right of way acquisition, preliminary engineering, and construction supervision and inspection, where the service life of the project is at least ten years or where the project is: (1) microsurfacing, (2) paver placed surface treatment, (3) single course surface treatment involving chip seals and oil and stone and (4) double course surface treatment involv- ing chip seals and oil and stone, and unless [the director of the budget has certified to the chairman of the thruway authority that] a spending plan has been submitted by the commissioner of transportation and has been approved by the director of the budget. S 2. Subdivision (g) of section 15 of chapter 329 of the laws of 1991, as added by section 9 of chapter 330 of the laws of 1991, is REPEALED, and subdivision (f) of section 15 of chapter 329 of the laws of 1991, amending the state finance law and other laws relating to the establish- ment of the dedicated highway and bridge trust fund, as added by section 9 of chapter 330 of the laws of 1991, is amended to read as follows: (f) The commissioner of transportation shall certify to the [New York state thruway authority] DIRECTOR OF THE BUDGET AND THE COMPTROLLER amounts eligible for repayments as specified herein. Such certification shall include any such information as may be necessary to maintain the federal tax exempt status of bonds, notes or other obligations issued by the New York state thruway authority pursuant to section 380 of the public authorities law. S 3. Subdivision 1 of section 80-b of the highway law, as amended by chapter 161 of the laws of 2008, is amended to read as follows: 1. In connection with the undertaking of any project for which the commissioner is authorized to use moneys of the federal government pursuant to the provisions of subdivision thirty-four-a of section ten and section eighty of this chapter to assure the effective discharge of state responsibilities with respect to regional transportation needs, on highways, roads, streets, bicycle paths or pedestrian paths that are not on the state highway system, the commissioner shall submit such project to the governing body or bodies of the affected municipality or munici- palities together with estimates of costs thereof. If such project includes a municipal project, as that term is defined in accordance with article thirteen of the transportation law, the state share of such municipal project shall also be included. If such project includes a project affecting a highway, road, street, bicycle path or pedestrian path not on the state highway system, the state share shall be equal to eighty percent of the difference between the total project cost and the federal assistance, provided, however, the commissioner may increase the S. 6357--A 5 A. 8557--A state share to an amount equal to one hundred percent of the difference between the total project cost and the federal assistance where he determines that the need for the project results substantially from actions undertaken pursuant to section ten of this chapter. [Except for individual projects where the non-federal share of a federally aided municipal project is less than five thousand dollars, no state or local shares of municipal streets and highways projects shall be payable from the non-fiduciary funds of the capital projects budget of the depart- ment.] No such project shall proceed without the approval of the govern- ing body of a municipality. Such governing body may request the commis- sioner to undertake the provision of such project. If the commissioner agrees to such undertaking he shall notify the local governing body which shall appropriate sufficient moneys to pay the estimated amount of the municipal share. Such moneys shall be deposited with the state comp- troller who is authorized to receive and accept the same for the purposes of such project, subject to the draft or requisition of the commissioner. When the work of such project has been completed, the commissioner shall render to the governing body of such municipality an itemized statement showing in full (a) the amount of money that has been deposited by such municipality with the state comptroller as hereinbe- fore provided, and (b) all disbursements made pursuant to this section for such project. Any surplus moneys shall be paid to such municipality on the warrant of the comptroller on vouchers therefor approved by the commissioner. When the work of such project has been completed and it is determined by the commissioner that the amount of the cost to be borne by the municipality is in excess of the amount deposited by such munici- pality with the state comptroller, the commissioner shall then notify the municipality of the deficiency of funds. The municipality shall then within ninety days of the receipt of such notice, pay such amount to the state comptroller. For purposes of this section, the term "municipality" shall include a city, county, town, village or two or more of the fore- going acting jointly. S 4. Subdivision (e) of section 16 of chapter 329 of the laws of 1991, amending the state finance law and other laws relating to the establish- ment of a dedicated highway and bridge trust fund, as added by section 9 of chapter 330 of the laws of 1991, is REPEALED. S 5. Subdivision (e) of section 16-a of chapter 329 of the laws of 1991, amending the state finance law and other laws relating to the establishment of a dedicated highway and bridge trust fund, as added by section 9 of chapter 330 of the laws of 1991, is REPEALED. S 6. Paragraph (a) of subdivision 5 of section 10-f of the highway law, as added by chapter 725 of the laws of 1993, is amended to read as follows: (a) Funding of municipal projects will be made upon the application for funding of prior expenditures in a format prescribed by the commis- sioner. [Funding of qualifying municipal project expenditures shall be made from the proceeds of bonds, notes or other obligations issued pursuant to section three hundred eighty of the public authorities law.] Such funding of state projects may be pursuant to agreements between the commissioner and the New York state thruway authority and may be from the proceeds of bonds, notes or other obligations issued pursuant to section three hundred eighty-five of the public authorities law. S 7. Paragraph (a) of subdivision 5 of section 10-g of the highway law, as added by chapter 725 of the laws of 1993, is amended to read as follows: S. 6357--A 6 A. 8557--A (a) Funding of municipal projects will be made upon the application for funding of prior expenditures in a format prescribed by the commis- sioner. [Funding of qualifying municipal project expenditures shall be made from the proceeds of bonds, notes or other obligations issued pursuant to section three hundred eighty of the public authorities law.] Such funding of state projects may be pursuant to agreements between the commissioner and the New York state thruway authority and may be from the proceeds of bonds, notes or other obligations issued pursuant to section three hundred eighty-five of the public authorities law. S 8. This act shall take effect immediately. PART B Section 1. Sections 3, 4, 5, 7, 8, 10, 11, 13, 14, 15, 16 and 17 of part F of chapter 56 of the laws of 2011 permitting authorized state entities to utilize the design-build method for infrastructure projects are amended to read as follows: S 3. For the purposes of this act: (a) "authorized state entity" shall mean the New York state thruway authority, the department of transportation, the office of parks, recre- ation and historic preservation, the department of environmental conser- vation and the New York state bridge authority. (b) "best value" shall mean the basis for awarding contracts for services to the offerer that optimize quality, cost and efficiency, price and performance criteria, which may include, but is not limited to: 1. The quality of the contractor's performance on previous projects; 2. The timeliness of the contractor's performance on previous projects; 3. The level of customer satisfaction with the contractor's perform- ance on previous projects; 4. The contractor's record of performing previous projects on budget and ability to minimize cost overruns; 5. The contractor's ability to limit change orders; 6. The contractor's ability to prepare appropriate project plans; 7. The contractor's technical capacities; 8. The individual qualifications of the contractor's key personnel; 9. The contractor's ability to assess and manage risk and minimize risk impact; and 10. The contractor's past record of compliance with article 15-A of the executive law. Such basis shall reflect, wherever possible, objective and quantifi- able analysis. (c) "capital project" shall have the same meaning as such term is defined by subdivision 2-a of section 2 of the state finance law. (d) "cost plus" shall mean compensating a contractor for the cost to complete a contract by reimbursing actual costs for labor, equipment and materials plus an additional amount for overhead and profit. (e) "design-build contract" shall mean a contract for the design and construction of a capital project with a single entity, which may be a team comprised of separate entities. (f) "procurement record" means documentation of the decisions made and the approach taken in the procurement process. (G) "AUTHORIZED LOCAL ENTITY" SHALL MEAN ANY CITY, TOWN OR VILLAGE WITH A POPULATION OF MORE THAN FIFTY THOUSAND, OR ANY COUNTY. S. 6357--A 7 A. 8557--A S 4. Notwithstanding the provisions of section 38 of the highway law, section 136-a of the state finance law, section 359 of the public authorities law, section 7210 of the education law, SECTION 103 OF THE GENERAL MUNICIPAL LAW, and the provisions of any other law to the contrary, and in conformity with the requirements of this act, an authorized state OR LOCAL entity may utilize the alternative delivery method referred to as design-build contracts for capital projects related to the state's OR LOCAL ENTITY'S physical infrastructure, including, but not limited to, the state's OR LOCAL ENTITY'S highways, bridges, dams, flood control projects, canals, and parks, including, but not limited to, to repair damage caused by natural disaster, to correct health and safety defects, to comply with federal and state laws, stand- ards, and regulations, to extend the useful life of or replace the state's OR LOCAL ENTITY'S highways, bridges, dams, flood control projects, canals, and parks or to improve or add to the state's OR LOCAL ENTITY'S highways, bridges, dams, flood control projects, canals, and parks; provided that for the contracts executed by the department of transportation, the office of parks, recreation and historic preserva- tion, or the department of environmental conservation, OR BY ANY LOCAL ENTITY, the total cost of each such project shall not be less than one million two hundred thousand dollars ($1,200,000); AND FURTHER PROVIDED THAT AUTHORIZED LOCAL ENTITIES MAY UTILIZE THE ALTERNATIVE DELIVERY METHOD REFERRED TO AS DESIGN-BUILD CONTRACTS ONLY FOR CAPITAL PROJECTS THAT ARE NOT SUBJECT TO SECTION 101 OF THE GENERAL MUNICIPAL LAW. S 5. An entity selected by an authorized state OR LOCAL entity to enter into a design-build contract shall be selected through a two-step method, as follows: (a) Step one. Generation of a list of entities that have demonstrated the general capability to perform the design-build contract. Such list shall consist of a specified number of entities, as determined by an authorized state OR LOCAL entity, and shall be generated based upon the authorized state OR LOCAL entity's review of responses to a publicly advertised request for qualifications. The authorized state OR LOCAL entity's request for qualifications shall include a general description of the project, the maximum number of entities to be included on the list, and the selection criteria to be used in generating the list. Such selection criteria shall include the qualifications and experience of the design and construction team, organization, demonstrated responsi- bility, ability of the team or of a member or members of the team to comply with applicable requirements, including the provisions of arti- cles 145, 147 and 148 of the education law, past record of compliance with the labor law, and such other qualifications the authorized state OR LOCAL entity deems appropriate which may include but are not limited to project understanding, financial capability and record of past performance. The authorized state OR LOCAL entity shall evaluate and rate all entities responding to the request for qualifications. Based upon such ratings, the authorized state OR LOCAL entity shall list the entities that shall receive a request for proposals in accordance with subdivision (b) of this section. To the extent consistent with applica- ble federal law, the authorized state entity shall consider, when award- ing any contract pursuant to this section, the participation of: (i) firms certified pursuant to article 15-A of the executive law as minori- ty or women-owned businesses and the ability of other businesses under consideration to work with minority and women-owned businesses so as to promote and assist participation by such businesses; and (ii) small S. 6357--A 8 A. 8557--A business concerns identified pursuant to subdivision (b) of section 139-g of the state finance law. (b) Step two. Selection of the proposal which is the best value to the state OR LOCAL ENTITY. The authorized state OR LOCAL entity shall issue a request for proposals to the entities listed pursuant to subdivision (a) of this section. If such an entity consists of a team of separate entities, the entities that comprise such a team must remain unchanged from the entity as listed pursuant to subdivision (a) of this section unless otherwise approved by the authorized state OR LOCAL entity. The request for proposals shall set forth the project's scope of work, and other requirements, as determined by the authorized state OR LOCAL enti- ty. The request for proposals shall specify the criteria to be used to evaluate the responses and the relative weight of each such criteria. Such criteria shall include the proposal's cost, the quality of the proposal's solution, the qualifications and experience of the design- build entity, and other factors deemed pertinent by the authorized state OR LOCAL entity, which may include, but shall not be limited to, the proposal's project implementation, ability to complete the work in a timely and satisfactory manner, maintenance costs of the completed project, maintenance of traffic approach, and community impact. Any contract awarded pursuant to this act shall be awarded to a responsive and responsible entity that submits the proposal, which, in consider- ation of these and other specified criteria deemed pertinent to the project, offers the best value to the state OR LOCAL ENTITY, as deter- mined by the authorized state OR LOCAL entity. Nothing herein shall be construed to prohibit the authorized entity from negotiating final contract terms and conditions including cost. S 7. Construction for each capital project undertaken by the author- ized state OR LOCAL entity pursuant to this act shall be deemed a "public work" to be performed in accordance with the provisions of arti- cle 8 of the labor law, as well as subject to sections 200, 240, 241 and 242 of the labor law and enforcement of prevailing wage requirements by the New York state department of labor. S 8. If otherwise applicable, capital projects undertaken by the authorized state OR LOCAL entity pursuant to this act shall be subject to section 135 of the state finance law and section 222 of the labor law. S 10. Capital projects undertaken by the authorized state OR LOCAL entity pursuant to this act shall be subject to the requirements of article eight of the environmental conservation law, and, where applica- ble, the requirements of the national environmental policy act. S 11. If otherwise applicable, capital projects undertaken by the authorized state entity pursuant to this act shall be governed by sections 139-d, 139-j, 139-k, paragraph f of subdivision 1 and paragraph g of subdivision 9 of section 163 of the state finance law, AND CAPITAL PROJECTS UNDERTAKEN BY THE AUTHORIZED LOCAL ENTITY PURSUANT TO THIS ACT SHALL BE GOVERNED BY SECTION 103-D OF THE GENERAL MUNICIPAL LAW. S 13. Nothing contained in this act shall limit the right or obli- gation of the authorized state OR LOCAL entity to comply with the provisions of any existing contract, including any existing contract with or for the benefit of the holders of the obligations of the author- ized state OR LOCAL entity, or to award contracts as otherwise provided by law. S 14. Alternative construction awarding processes. (i) Notwithstand- ing the provisions of any other law to the contrary, the authorized state OR LOCAL entity may award a construction contract: S. 6357--A 9 A. 8557--A 1. To the contractor offering the best value; or 2. Utilizing a cost-plus not to exceed guaranteed maximum price form of contract in which the authorized state OR LOCAL entity shall be enti- tled to monitor and audit all project costs. In establishing the sched- ule and process for determining a guaranteed maximum price, the contract between the authorized state OR LOCAL entity and the contractor shall: (a) describe the scope of the work and the cost of performing such work; (b) include a detailed line item cost breakdown; (c) include a list of all drawings, specifications and other informa- tion on which the guaranteed maximum price is based; (d) include the dates for substantial and final completion on which the guaranteed maximum price is based; and (e) include a schedule of unit prices; or 3. Utilizing a lump sum contract in which the contractor agrees to accept a set dollar amount for a contract which comprises a single bid without providing a cost breakdown for all costs such as for equipment, labor, materials, as well as such contractor's profit for completing all items of work comprising the project. (ii) Capital projects undertaken by an authorized state OR LOCAL enti- ty may include an incentive clause in the contract for various perform- ance objectives, but the incentive clause shall not include an incentive that exceeds the quantifiable value of the benefit received by the state OR LOCAL ENTITY. The authorized state OR LOCAL entity shall establish such performance and payment bonds as it deems necessary. S 15. Prequalified contractors. (a) Notwithstanding any other provision of law, the authorized state OR LOCAL entity may maintain a list of prequalified contractors who are eligible to submit a proposal pursuant to this act and entry into such list shall be continuously available. Prospective contractors may be prequalified as contractors to provide particular types of construction, in accordance with general criteria established by the authorized state OR LOCAL entity which may include, but shall not be limited to, the experience, past performance, ability to undertake the type and complexity of work, financial capabil- ity, responsibility, compliance with equal employment opportunity requirements and anti-discrimination laws, and reliability. Such prequalification may be by categories designed by size and other factors. (b) A contractor who is denied prequalification or whose prequalifica- tion is revoked or suspended by the authorized state OR LOCAL entity may appeal such decision to the authorized state entity. If such a suspen- sion extends for more than three months, it shall be deemed a revocation of the prequalification. The authorized state OR LOCAL entity may proceed with the contract award during any appeal. S 16. Nothing in this act shall affect existing powers of New York state public entities OR LOCAL ENTITIES to use alternative project delivery methods. S 17. This act shall take effect immediately [and shall expire and be deemed repealed 3 years after such date, provided that, projects with requests for qualifications issued prior to such repeal shall be permit- ted to continue under this act notwithstanding such repeal]. S 2. This act shall take effect immediately. PART C S. 6357--A 10 A. 8557--A Section 1. Section 13 of part U1 of chapter 62 of the laws of 2003 amending the vehicle and traffic law and other laws relating to increas- ing certain motor vehicle transaction fees, as amended by section 2 of part B of chapter 58 of the laws of 2013, is amended to read as follows: S 13. This act shall take effect immediately; provided however that sections one through seven of this act, the amendments to subdivision 2 of section 205 of the tax law made by section eight of this act, and section nine of this act shall expire and be deemed repealed on [March 31] APRIL 1, 2015; provided further, however, that the amendments to subdivision 3 of section 205 of the tax law made by section eight of this act shall expire and be deemed repealed on March 31, 2018; provided further, however, that the provisions of section eleven of this act shall take effect April 1, 2004 and shall expire and be deemed repealed on [March 31] APRIL 1, 2015. S 2. Section 2 of part B of chapter 84 of the laws of 2002, amending the state finance law relating to the costs of the department of motor vehicles, as amended by section 1 of part E of chapter 59 of the laws of 2009, is amended to read as follows: S 2. This act shall take effect April 1, 2002; provided, however, if this act shall become a law after such date it shall take effect imme- diately and shall be deemed to have been in full force and effect on and after April 1, 2002; provided further, however, that this act shall expire and be deemed repealed on [March 31] APRIL 1, 2015. S 3. Subdivision 4 of section 94 of the transportation law, as amended by section 1 of part D of chapter 101 of the laws of 2001, is amended to read as follows: 4. All fees charged and collected by the commissioner hereunder shall be deposited [to the miscellaneous special revenue fund - transportation regulation account for the purposes established in this section] BY THE COMPTROLLER INTO THE SPECIAL OBLIGATION RESERVE AND PAYMENT ACCOUNT OF THE DEDICATED HIGHWAY AND BRIDGE TRUST FUND ESTABLISHED PURSUANT TO SECTION EIGHTY-NINE-B OF THE STATE FINANCE LAW. S 4. Subdivision 4 of section 135 of the transportation law, as added by chapter 166 of the laws of 1991, is amended to read as follows: 4. All revenues collected pursuant to this section shall be deposited [to the miscellaneous special revenue fund--rail safety inspection account] BY THE COMPTROLLER INTO THE SPECIAL OBLIGATION RESERVE AND PAYMENT ACCOUNT OF THE DEDICATED HIGHWAY AND BRIDGE TRUST FUND ESTAB- LISHED PURSUANT TO SECTION EIGHTY-NINE-B OF THE STATE FINANCE LAW for the purposes established in this section. Fees will be based on reven- ues from the preceding calendar year and shall be assessed on or before July first and are payable by September first of each year. On or before January first of each year following assessment of fees pursuant to this section, the commissioner shall report to the railroad companies annual costs associated with this assessment. S 5. Subdivision 5 of section 144 of the transportation law, as added by chapter 635 of the laws of 1983, is amended to read as follows: 5. For furnishing a certification of any paper, record or official document, one dollar. No fees shall be charged or collected for copies of papers, records or official documents, furnished to public officers for use in their official capacity, or for the annual reports of the commissioner in the ordinary course of distribution, but the commission- er may fix reasonable charges for copies of papers, records, official documents and other publications furnished or issued to others under this authority. All fees charged and collected by the commissioner [shall belong to the people of the state and shall be paid monthly, S. 6357--A 11 A. 8557--A accompanied by a detailed statement thereof, into the treasury of the state to the credit of the general fund] PURSUANT TO THIS SECTION SHALL BE DEPOSITED BY THE COMPTROLLER INTO THE SPECIAL OBLIGATION RESERVE AND PAYMENT ACCOUNT OF THE DEDICATED HIGHWAY AND BRIDGE TRUST FUND ESTAB- LISHED PURSUANT TO SECTION EIGHTY-NINE-B OF THE STATE FINANCE LAW. S 6. Section 145 of the transportation law is amended by adding a new subdivision 8 to read as follows: 8. ALL PENALTIES CHARGED AND COLLECTED BY THE COMMISSIONER PURSUANT TO THIS SECTION SHALL BE DEPOSITED BY THE COMPTROLLER INTO THE SPECIAL OBLIGATION RESERVE AND PAYMENT ACCOUNT OF THE DEDICATED HIGHWAY AND BRIDGE TRUST FUND ESTABLISHED PURSUANT TO SECTION EIGHT-NINE-B OF THE STATE FINANCE LAW. S 7. Section 88 of the highway law is amended by adding a new subdivi- sion 13 to read as follows: 13. ALL FEES COLLECTED BY THE COMMISSIONER PURSUANT TO THIS SECTION SHALL BE DEPOSITED BY THE COMPTROLLER INTO THE SPECIAL OBLIGATION RESERVE AND PAYMENT ACCOUNT OF THE DEDICATED HIGHWAY AND BRIDGE TRUST FUND ESTABLISHED PURSUANT TO SECTION EIGHTY-NINE-B OF THE STATE FINANCE LAW. S 8. Paragraph (a) of subdivision 3 of section 89-b of the state finance law, as amended by section 2 of part B of chapter 58 of the laws of 2012, is amended to read as follows: (a) The special obligation reserve and payment account shall consist (i) of all moneys required to be deposited in the dedicated highway and bridge trust fund pursuant to the provisions of sections two hundred five, two hundred eighty-nine-e, three hundred one-j, five hundred fifteen and eleven hundred sixty-seven of the tax law, section four hundred one of the vehicle and traffic law, and section thirty-one of chapter fifty-six of the laws of nineteen hundred ninety-three, (ii) all fees, fines or penalties collected by the commissioner of transportation pursuant to section fifty-two, section three hundred twenty-six, [and subdivisions five, eight and twelve of] section eighty-eight of the highway law, subdivision fifteen of section three hundred eighty-five of the vehicle and traffic law, section two of the chapter of the laws of two thousand three that amended this paragraph, subdivision (d) of section three hundred four-a, paragraph one of subdivision (a) and subdivision (d) of section three hundred five, subdivision six-a of section four hundred fifteen and subdivision (g) of section twenty-one hundred twenty-five of the vehicle and traffic law, section fifteen of this chapter, excepting moneys deposited with the state on account of betterments performed pursuant to subdivision twenty-seven or subdivi- sion thirty-five of section ten of the highway law, AND SECTIONS NINE- TY-FOUR, ONE HUNDRED THIRTY-FIVE, ONE HUNDRED FORTY-FOUR AND ONE HUNDRED FORTY-FIVE OF THE TRANSPORTATION LAW, (iii) any moneys collected by the department of transportation for services provided pursuant to agree- ments entered into in accordance with section ninety-nine-r of the general municipal law, and (iv) any other moneys collected therefor or credited or transferred thereto from any other fund, account or source. S 9. Paragraph (a) of subdivision 3 of section 89-b of the state finance law, as amended by section 3 of part B of chapter 58 of the laws of 2012, is amended to read as follows: (a) The special obligation reserve and payment account shall consist (i) of all moneys required to be deposited in the dedicated highway and bridge trust fund pursuant to the provisions of sections two hundred eighty-nine-e, three hundred one-j, five hundred fifteen and eleven hundred sixty-seven of the tax law, section four hundred one of the S. 6357--A 12 A. 8557--A vehicle and traffic law, and section thirty-one of chapter fifty-six of the laws of nineteen hundred ninety-three, (ii) all fees, fines or penalties collected by the commissioner of transportation pursuant to section fifty-two, section three hundred twenty-six, [and subdivisions five, eight and twelve of] section eighty-eight of the highway law, subdivision fifteen of section three hundred eighty-five of the vehicle and traffic law, section fifteen of this chapter, excepting moneys deposited with the state on account of betterments performed pursuant to subdivision twenty-seven or subdivision thirty-five of section ten of the highway law, AND SECTIONS NINETY-FOUR, ONE HUNDRED THIRTY-FIVE, ONE HUNDRED FORTY-FOUR AND ONE HUNDRED FORTY-FIVE OF THE TRANSPORTATION LAW (iii) any moneys collected by the department of transportation for services provided pursuant to agreements entered into in accordance with section ninety-nine-r of the general municipal law, and (iv) any other moneys collected therefor or credited or transferred thereto from any other fund, account or source. S 10. Paragraph a of subdivision 5 of section 89-b of the state finance law, as amended by section 60 of part HH of chapter 57 of the laws of 2013, is amended to read as follows: a. Moneys in the dedicated highway and bridge trust fund shall, following appropriation by the legislature, be utilized for: recon- struction, replacement, reconditioning, restoration, rehabilitation and preservation of state, county, town, city and village roads, highways, parkways, and bridges thereon, to restore such facilities to their intended functions; construction, reconstruction, enhancement and improvement of state, county, town, city, and village roads, highways, parkways, and bridges thereon, to address current and projected capacity problems including costs for traffic mitigation activities; aviation projects authorized pursuant to section fourteen-j of the transportation law and for payments to the general debt service fund of amounts equal to amounts required for service contract payments related to aviation projects as provided and authorized by section three hundred eighty-six of the public authorities law; programs to assist small and minority and women-owned firms engaged in transportation construction and recon- struction projects, including a revolving fund for working capital loans, and a bonding guarantee assistance program in accordance with provisions of this chapter; matching federal grants or apportionments to the state for highway, parkway and bridge capital projects; the acquisi- tion of real property and interests therein required or expected to be required in connection with such projects; preventive maintenance activ- ities necessary to ensure that highways, parkways and bridges meet or exceed their optimum useful life; expenses of control of snow and ice on state highways by the department of transportation including but not limited to personal services, nonpersonal services and fringe benefits, payment of emergency aid for control of snow and ice in municipalities pursuant to section fifty-five of the highway law, expenses of control of snow and ice on state highways by municipalities pursuant to section twelve of the highway law, and for expenses of arterial maintenance agreements with cities pursuant to section three hundred forty-nine of the highway law; personal services, NONPERSONAL SERVICES, and fringe benefit costs of the department of transportation for bus safety inspection activities, RAIL SAFETY INSPECTION ACTIVITIES, AND TRUCK SAFETY INSPECTION ACTIVITIES; costs of the department of motor vehicles, including but not limited to personal and nonpersonal services; costs of engineering and administrative services of the department of transporta- tion, including but not limited to fringe benefits; the contract S. 6357--A 13 A. 8557--A services provided by private firms in accordance with section fourteen of the transportation law; personal services and nonpersonal services, for activities including but not limited to the preparation of designs, plans, specifications and estimates; construction management and super- vision activities; costs of appraisals, surveys, testing and environ- mental impact statements for transportation projects; expenses in connection with buildings, equipment, materials and facilities used or useful in connection with the maintenance, operation, and repair of highways, parkways and bridges thereon; and project costs for: construction, reconstruction, improvement, reconditioning and preserva- tion of rail freight facilities and intercity rail passenger facilities and equipment; construction, reconstruction, improvement, reconditioning and preservation of state, municipal and privately owned ports; construction, reconstruction, improvement, reconditioning and preserva- tion of municipal airports; privately owned airports and aviation capi- tal facilities, excluding airports operated by the state or operated by a bi-state municipal corporate instrumentality for which federal funding is not available provided the project is consistent with an approved airport layout plan; and construction, reconstruction, enhancement, improvement, replacement, reconditioning, restoration, rehabilitation and preservation of state, county, town, city and village roads, high- ways, parkways and bridges; and construction, reconstruction, improve- ment, reconditioning and preservation of fixed ferry facilities of municipal and privately owned ferry lines for transportation purposes, and the payment of debt service required on any bonds, notes or other obligations and related expenses for highway, parkway, bridge and project costs for: construction, reconstruction, improvement, recondi- tioning and preservation of rail freight facilities and intercity rail passenger facilities and equipment; construction, reconstruction, improvement, reconditioning and preservation of state, municipal and privately owned ports; construction, reconstruction, improvement, recon- ditioning and preservation of municipal airports; privately owned airports and aviation capital facilities, excluding airports operated by the state or operated by a bi-state municipal corporate instrumentality for which federal funding is not available provided the project is consistent with an approved airport layout plan; construction, recon- struction, enhancement, improvement, replacement, reconditioning, resto- ration, rehabilitation and preservation of state, county, town, city and village roads, highways, parkways and bridges; and construction, recon- struction, improvement, reconditioning and preservation of fixed ferry facilities of municipal and privately owned ferry lines for transporta- tion purposes, purposes authorized on or after the effective date of this section. Beginning with disbursements made on and after the first day of April, nineteen hundred ninety-three, moneys in such fund shall be available to pay such costs or expenses made pursuant to appropri- ations or reappropriations made during the state fiscal year which began on the first of April, nineteen hundred ninety-two. Beginning the first day of April, nineteen hundred ninety-three, moneys in such fund shall also be used for transfers to the general debt service fund and the revenue bond tax fund of amounts equal to that respectively required for service contract and financing agreement payments as provided and authorized by section three hundred eighty of the public authorities law, section eleven of chapter three hundred twenty-nine of the laws of nineteen hundred ninety-one, as amended, and sections sixty-eight-c and sixty-nine-o of this chapter. S. 6357--A 14 A. 8557--A S 11. Paragraph a of subdivision 5 of section 89-b of the state finance law, as amended by section 60-a of part HH of chapter 57 of the laws of 2013, is amended to read as follows: a. Moneys in the dedicated highway and bridge trust fund shall, following appropriation by the legislature, be utilized for: recon- struction, replacement, reconditioning, restoration, rehabilitation and preservation of state, county, town, city and village roads, highways, parkways, and bridges thereon, to restore such facilities to their intended functions; construction, reconstruction, enhancement and improvement of state, county, town, city, and village roads, highways, parkways, and bridges thereon, to address current and projected capacity problems including costs for traffic mitigation activities; aviation projects authorized pursuant to section fourteen-j of the transportation law and for payments to the general debt service fund of amounts equal to amounts required for service contract payments related to aviation projects as provided and authorized by section three hundred eighty-six of the public authorities law; programs to assist small and minority and women-owned firms engaged in transportation construction and recon- struction projects, including a revolving fund for working capital loans, and a bonding guarantee assistance program in accordance with provisions of this chapter; matching federal grants or apportionments to the state for highway, parkway and bridge capital projects; the acquisi- tion of real property and interests therein required or expected to be required in connection with such projects; preventive maintenance activ- ities necessary to ensure that highways, parkways and bridges meet or exceed their optimum useful life; expenses of control of snow and ice on state highways by the department of transportation including but not limited to personal services, nonpersonal services and fringe benefits, payment of emergency aid for control of snow and ice in municipalities pursuant to section fifty-five of the highway law, expenses of control of snow and ice on state highways by municipalities pursuant to section twelve of the highway law, and for expenses of arterial maintenance agreements with cities pursuant to section three hundred forty-nine of the highway law; personal services, NONPERSONAL SERVICES, and fringe benefit costs of the department of transportation for bus safety inspection activities, RAIL SAFETY INSPECTION ACTIVITIES, AND TRUCK SAFETY INSPECTION ACTIVITIES; costs of engineering and administrative services of the department of transportation, including but not limited to fringe benefits; the contract services provided by private firms in accordance with section fourteen of the transportation law; personal services and nonpersonal services, for activities including but not limited to the preparation of designs, plans, specifications and esti- mates; construction management and supervision activities; costs of appraisals, surveys, testing and environmental impact statements for transportation projects; expenses in connection with buildings, equip- ment, materials and facilities used or useful in connection with the maintenance, operation, and repair of highways, parkways and bridges thereon; and project costs for: construction, reconstruction, improve- ment, reconditioning and preservation of rail freight facilities and intercity rail passenger facilities and equipment; construction, recon- struction, improvement, reconditioning and preservation of state, munic- ipal and privately owned ports; construction, reconstruction, improve- ment, reconditioning and preservation of municipal airports; privately owned airports and aviation capital facilities, excluding airports oper- ated by the state or operated by a bi-state municipal corporate instru- mentality for which federal funding is not available provided the S. 6357--A 15 A. 8557--A project is consistent with an approved airport layout plan; and construction, reconstruction, enhancement, improvement, replacement, reconditioning, restoration, rehabilitation and preservation of state, county, town, city and village roads, highways, parkways and bridges; and construction, reconstruction, improvement, reconditioning and pres- ervation of fixed ferry facilities of municipal and privately owned ferry lines for transportation purposes, and the payment of debt service required on any bonds, notes or other obligations and related expenses for highway, parkway, bridge and project costs for: construction, recon- struction, improvement, reconditioning and preservation of rail freight facilities and intercity rail passenger facilities and equipment; construction, reconstruction, improvement, reconditioning and preserva- tion of state, municipal and privately owned ports; construction, recon- struction, improvement, reconditioning and preservation of municipal airports; privately owned airports and aviation capital facilities, excluding airports operated by the state or operated by a bi-state municipal corporate instrumentality for which federal funding is not available provided the project is consistent with an approved airport layout plan; construction, reconstruction, enhancement, improvement, replacement, reconditioning, restoration, rehabilitation and preserva- tion of state, county, town, city and village roads, highways, parkways and bridges; and construction, reconstruction, improvement, recondition- ing and preservation of fixed ferry facilities of municipal and private- ly owned ferry lines for transportation purposes, purposes authorized on or after the effective date of this section. Beginning with disburse- ments made on and after the first day of April, nineteen hundred nine- ty-three, moneys in such fund shall be available to pay such costs or expenses made pursuant to appropriations or reappropriations made during the state fiscal year which began on the first of April, nineteen hundred ninety-two. Beginning the first day of April, nineteen hundred ninety-three, moneys in such fund shall also be used for transfers to the general debt service fund and the revenue bond tax fund of amounts equal to that respectively required for service contract and financing agreement payments as provided and authorized by section three hundred eighty of the public authorities law, section eleven of chapter three hundred twenty-nine of the laws of nineteen hundred ninety-one, as amended, and sections sixty-eight-c and sixty-nine-o of this chapter. S 12. This act shall take effect immediately, provided that the amendments to paragraph (a) of subdivision 3 of section 89-b of the state finance law made by section eight of this act shall be subject to the expiration and reversion of such paragraph pursuant to section 13 of part U1 of chapter 62 of the laws of 2003, as amended, when upon such date the provisions of section nine of this act shall take effect; and provided further that the amendments to paragraph a of subdivision 5 of section 89-b of the state finance law made by section ten of this act shall be subject to the expiration and reversion of such paragraph pursuant to section 2 of part B of chapter 84 of the laws of 2002, as amended, when upon such date the provisions of section eleven of this act shall take effect. PART D Section 1. Section 2 of part D of chapter 58 of the laws of 2013, relating to the hours of operation of the department of motor vehicles and providing for the repeal of such provisions upon expiration thereof, is amended to read as follows: S. 6357--A 16 A. 8557--A S 2. This act shall take effect immediately [and shall expire and be deemed repealed two years after such date]. S 2. This act shall take effect immediately. PART E Section 1. The article heading of article 12-C of the vehicle and traffic law, as added by chapter 751 of the laws of 2005, is amended to read as follows: ACCIDENT PREVENTION COURSE INTERNET, AND OTHER TECHNOLOGY [PILOT] PROGRAM S 2. Sections 399-m and 399-o of the vehicle and traffic law are REPEALED. S 3. Sections 399-k and 399-l of the vehicle and traffic law, as added by chapter 751 of the laws of 2005, are amended to read as follows: S 399-k. Accident prevention course internet technology [pilot] program. The commissioner shall establish and implement a comprehensive [pilot] program to [review and study] ALLOW internet, and other technol- ogies as approved by the commissioner, as a training method for the administration and completion of an approved accident prevention course for the purposes of granting point and insurance premium reduction bene- fits. S 399-l. Application. Applicants for participation in the [pilot] program established pursuant to this article shall be among those acci- dent prevention course sponsoring agencies that have a course approved by the commissioner pursuant to article twelve-B of this title [prior to the effective date of this article and which deliver] AND HAVE SATISFAC- TORILY DELIVERED such course to the public FOR A PERIOD OF ONE YEAR AND CONTINUE TO DELIVER SUCH COURSE, UNLESS EXEMPTED BY THE COMMISSIONER. [Provided, however, the commissioner may, in his or her discretion, approve applications after such date.] In order to be approved for participation in such [pilot] program, the course must comply with the provisions of law, rules and regulations applicable thereto. The commissioner may, in his or her discretion, impose a fee for the submission of each application to participate in the [pilot] program established pursuant to this article. Such fee shall not exceed seven thousand five hundred dollars. The proceeds from such fee shall be deposited in the accident prevention course internet technology [pilot] program fund as established by section eighty-nine-g of the state finance law. S 4. Subdivision 2 of section 399-n of the vehicle and traffic law, as added by chapter 751 of the laws of 2005, is amended to read as follows: 2. The commissioner is authorized to impose a fee upon each accident prevention course sponsoring agency approved for participation in the [pilot] program, which shall not exceed eight dollars for each student who completes an accident prevention course by means of the [pilot] program established pursuant to this article. S 5. The section heading, subdivisions 1 and 3 of section 89-g of the state finance law, as added by chapter 751 of the laws of 2005, are amended to read as follows: Accident prevention course internet, and other technology [pilot] program fund. 1. There is hereby established in the joint custody of the state comptroller and the commissioner of taxation and finance a special fund to be known as the "accident prevention course internet, and other technology [pilot] program fund". S. 6357--A 17 A. 8557--A 3. The moneys in the accident prevention course internet, and other technology [pilot] program fund shall be kept separate and shall not be commingled with any other moneys in the custody of the commissioner of taxation and finance and the state comptroller. S 6. Section 5 of chapter 751 of the laws of 2005, amending the insur- ance law and the vehicle and traffic law, relating to establishing the accident prevention course internet technology pilot program, is amended to read as follows: S 5. This act shall take effect on the one hundred eightieth day after it shall have become a law [and shall expire and be deemed repealed five years after the date that the accident prevention course internet, and other technology pilot program is established and implemented by the commissioner of motor vehicles pursuant to article 12-C of the vehicle and traffic law, as added by section three of this act]; provided that any rules and regulations necessary to implement the provisions of this act on its effective date are authorized and directed to be completed on or before such date; and provided, further, that the commissioner of motor vehicles shall notify the legislative bill drafting commission of the date he or she establishes and implements the accident prevention course internet technology pilot program pursuant to article 12-C of the vehicle and traffic law, as added by section three of this act, in order that such commission may maintain an accurate and timely effective data base of the official text of the laws of the state of New York in furth- erance of effecting the provisions of section 44 of the legislative law and section 70-b of the public officers law. S 7. This act shall take effect immediately; provided that sections one through five of this act shall take effect May 18, 2014. PART F Section 1. Subdivision 3 of section 510-a of the vehicle and traffic law is amended by adding a new paragraph (f) to read as follows: (F) A COMMERCIAL DRIVER'S LICENSE SHALL BE SUSPENDED BY THE COMMIS- SIONER IF THE HOLDER FAILS TO AMEND THE LICENSE TO ADD OR REMOVE A LICENSE RESTRICTION AS DIRECTED BY THE COMMISSIONER. SUCH SUSPENSION SHALL REMAIN IN EFFECT UNTIL THE HOLDER OF THE COMMERCIAL DRIVER'S LICENSE AMENDS HIS OR HER LICENSE AS DIRECTED BY THE COMMISSIONER. THE COMMISSIONER SHALL DIRECT THE HOLDER OF SUCH COMMERCIAL DRIVER'S LICENSE, BY FIRST CLASS MAIL TO THE ADDRESS OF SUCH PERSON ON FILE WITH THE DEPARTMENT OR AT THE CURRENT ADDRESS PROVIDED BY THE UNITED STATES POSTAL SERVICE, TO AMEND HIS OR HER COMMERCIAL DRIVER'S LICENSE BY ADDING OR REMOVING A SPECIFIED RESTRICTION, AND THAT FAILURE TO AMEND SUCH LICENSE AS DIRECTED SHALL RESULT IN THE SUSPENSION OF HIS OR HER COMMERCIAL DRIVER'S LICENSE NO EARLIER THAN THIRTY DAYS FROM THE DATE OF THE NOTICE TO SUCH HOLDER. S 2. Subdivision 1-a of section 509 of the vehicle and traffic law, as added by section 1 of part J of chapter 59 of the laws of 2006, is amended to read as follows: 1-a. Whenever a license is required to operate a commercial motor vehicle, no person shall operate a commercial motor vehicle without the proper endorsements for the specific vehicle being operated or for the passengers or type of cargo being transported; OR WITHOUT THE PROPER RESTRICTIONS OR WITH RESTRICTIONS THAT ARE INAPPLICABLE TO OR INAPPRO- PRIATE FOR THE HOLDER FOR HIS OR HER OPERATION OF COMMERCIAL MOTOR VEHI- CLES. S 3. This act shall take effect immediately. S. 6357--A 18 A. 8557--A PART G Section 1. Section 2985 of title 11 of article 9 of the public author- ities law is designated title 11-A and such title is amended by adding a new title heading to read as follows: TOLL COLLECTIONS S 2. Subdivision 1 of section 2985 of the public authorities law, as added by chapter 379 of the laws of 1992, is amended to read as follows: 1. Notwithstanding any other provision of law, every public authority which operates a toll highway bridge and/or tunnel facility is hereby authorized and empowered to impose monetary liability [on the owner of a vehicle] for failure [of an operator thereof] to comply with the toll collection regulations of such public authority in accordance with the provisions of this section. S 3. Subdivision 3 of section 2985 of the public authorities law, as added by chapter 379 of the laws of 1992, is amended to read as follows: 3. For purposes of this section, the term "owner" shall mean any person, corporation, partnership, firm, agency, association, lessor or organization who, at the time of the violation OR WHEN THE OBLIGATION TO PAY THE TOLL IS INCURRED and with respect to the vehicle identified in the notice of liability: (a) is the beneficial or equitable owner of such vehicle; or (b) has title to such vehicle; or (c) is the registrant or co-registrant of such vehicle which is registered with the department of motor vehicles of this state or any other state, territory, district, province, nation or other jurisdiction; or (d) subject to the limita- tions set forth in subdivision ten of this section, uses such vehicle in its vehicle renting and/or leasing business; and includes (e) a person entitled to the use and possession of a vehicle subject to a security interest in another person. For purposes of this section, the term "photo-monitoring system" shall mean a vehicle sensor installed to work in conjunction with a toll collection facility which automatically produces one or more photographs, one or more microphotographs, a vide- otape or other recorded images of each vehicle at the time it is used or operated in [violation of toll collection regulations] OR UPON A TOLL FACILITY. For purposes of this section, the term "toll collection regu- lations" shall mean: those rules and regulations of a public authority providing for and requiring the payment of tolls and/or charges prescribed by such public authority for the use of bridges, tunnels or highways under its jurisdiction or those rules and regulations of a public authority making it unlawful to refuse to pay or to evade or to attempt to evade the payment of all or part of any toll and/or charge for the use of bridges, tunnels or highways under the jurisdiction of such public authority. For purposes of this section, the term "vehicle" shall mean every device in, upon or by which a person or property is or may be transported or drawn upon a highway, except devices used exclu- sively upon stationary rails or tracks. S 4. Subdivision 4 of section 2985 of the public authorities law, as added by chapter 379 of the laws of 1992, is amended to read as follows: 4. A certificate, sworn to or affirmed by an agent of the public authority which charged that the violation occurred, or a facsimile thereof, based upon inspection of [photographs, microphotographs, vide- otape or other recorded images] DATA OR IMAGES produced by [a photo-mon- itoring] AN ELECTRONIC TOLL COLLECTION system OR OTHER RECORDS MAIN- TAINED BY OR ON BEHALF OF THE PUBLIC AUTHORITY REGARDING TOLL VIOLATIONS shall be prima facie evidence of the facts contained therein and shall be admissible in any proceeding charging a violation of toll collection S. 6357--A 19 A. 8557--A regulations, provided that any [photographs, microphotographs, videotape or other recorded images] SUCH DATA, IMAGES, OR RECORDS evidencing such a violation shall be available for inspection and admission into evidence in any proceeding to adjudicate the liability for such violation. S 5. Subdivision 5 of section 2985 of the public authorities law, as added by chapter 379 of the laws of 1992, is amended to read as follows: 5. An owner found liable for a violation of toll collection regu- lations pursuant to this section shall for a first violation thereof be liable for THE FULL AMOUNT OF THE ASSESSED TOLLS AND OTHER CHARGES AND FEES IN ADDITION TO a monetary penalty not to exceed [fifty] ONE HUNDRED dollars or two times the toll evaded whichever is greater; for a second violation thereof both within eighteen months be liable for THE FULL AMOUNT OF THE ASSESSED TOLLS AND OTHER CHARGES AND FEES IN ADDITION TO a monetary penalty not to exceed [one] TWO hundred dollars or five times the toll evaded whichever is greater; for a third or subsequent violation thereof all within eighteen months be liable for THE FULL AMOUNT OF THE ASSESSED TOLLS AND OTHER CHARGES AND FEES IN ADDITION TO a monetary penalty not to exceed [one] THREE hundred [fifty] dollars or ten times the toll evaded whichever is greater. S 6. Paragraphs (a), (b) and (d) of subdivision 7 of section 2985 of the public authorities law, as added by chapter 379 of the laws of 1992, are amended to read as follows: (a) A notice of liability shall be sent by first class mail to each person alleged to be liable as an owner for a violation of toll collection regulations. Such notice shall be mailed no later than [thir- ty] ONE HUNDRED TWENTY days after the alleged violation. Personal deliv- ery on the owner shall not be required. A manual or automatic record of mailing prepared in the ordinary course of business shall be prima facie evidence of the mailing of the notice. (b) A notice of liability shall contain the name and address of the person alleged to be liable as an owner for a violation of toll collection regulations pursuant to this section, the registration number AND STATE OF REGISTRATION of the vehicle involved in such violation, the [location where such violation took place, the date and time] LOCATIONS, DATES AND TIMES of EACH USE OF THE FACILITY THAT FORMS THE BASIS OF such violation, THE AMOUNT OF THE ASSESSED TOLLS AND OTHER CHARGES AND FEES, and the identification number of the [photo-monitoring] ELECTRONIC TOLL COLLECTION system which recorded the [violation] VEHICLE BEING USED OR OPERATED ON THE TOLL FACILITY or other document locator number. (d) The notice of liability shall be prepared and mailed by OR ON BEHALF OF the public authority having jurisdiction over the toll facili- ty where the violation of toll collection regulations occurred. S 7. Subdivision 8 of section 2985 of the public authorities law, as added by chapter 379 of the laws of 1992, is amended to read as follows: 8. Adjudication of the liability imposed upon owners by this section shall be by the entity having jurisdiction over violations of the rules and regulations of the public authority serving the notice of liability or where authorized by an administrative tribunal and all violations shall be heard and determined in the county in which the violation is alleged to have occurred, or in New York city and upon the consent of both parties, in any county within New York city in which the public authority operates or maintains a facility, and in the same manner as charges of other regulatory violations of such public authority or pursuant to the rules and regulations of such administrative tribunal as the case may be. THE ENTITY OR ADMINISTRATIVE TRIBUNAL THAT ADJUDICATES S. 6357--A 20 A. 8557--A LIABILITY FOR A VIOLATION SHALL COLLECT THE FULL AMOUNT OF THE ASSESSED TOLLS AND OTHER CHARGES AND FEES IN ADDITION TO THE MONETARY PENALTY OWED, AND SHALL PAY TO THE PUBLIC AUTHORITY WHOSE TOLL COLLECTION REGU- LATIONS WERE VIOLATED THE FULL AMOUNT OF THE ASSESSED TOLLS AND OTHER CHARGES AND FEES AND ONE-HALF OF THE MONETARY PENALTY. S 8. Subdivision 10 of section 2985 of the public authorities law, as amended by chapter 666 of the laws of 1993, is amended to read as follows: 10. An owner who is a lessor of a vehicle to which a notice of liabil- ity was issued pursuant to subdivision seven of this section shall not be liable for the violation of the toll collection regulation provided that he or she sends to the public authority [serving the notice of liability and to the court or other entity having jurisdiction] OR ITS DULY AUTHORIZED AGENT FOR THIS PURPOSE a copy of the rental, lease or other such contract document covering such vehicle on the date of [the violation] USE OF A TOLL FACILITY, with the name and address of the lessee clearly legible, within thirty days after receiving [the original] notice of [liability] USE OF THE TOLL FACILITY BY SUCH VEHICLE. Failure to send such information within such thirty day time period shall render the lessor liable for the penalty prescribed by this section. Where the lessor complies with the provisions of this subdivi- sion, the lessee of such vehicle on the date of such [violation] USE OF THE TOLL FACILITY shall be deemed to be the owner of such vehicle for purposes of this section and shall be subject to liability for the violation of toll collection regulations[, provided that the public authority mails a notice of liability to the lessee within ten days after the court, or other entity having jurisdiction, deems the lessee to be the owner]. For purposes of this subdivision the term "lessor" shall mean any person, corporation, firm, partnership, agency, associ- ation or organization engaged in the business of renting or leasing vehicles to any lessee under a rental agreement, lease or otherwise wherein the said lessee has the exclusive use of said vehicle for any period of time. For purposes of this subdivision, the term "lessee" shall mean any person, corporation, firm, partnership, agency, associ- ation or organization that rents, leases or contracts for the use of one or more vehicles and has exclusive use thereof for any period of time. S 9. Subdivision 11 of section 2985 of the public authorities law, as added by chapter 379 of the laws of 1992, is amended to read as follows: 11. Except as provided in subdivision ten of this section, if a person receives a notice of liability pursuant to this section it shall be a valid defense to an allegation of liability for a violation of toll collection regulations that the individual who received the notice of liability pursuant to this section was not the owner of the vehicle at the time the [violation occurred] OBLIGATION FOR PAYMENT OF THE TOLL AND OTHER CHARGES WAS INCURRED. If the owner liable for a violation of toll collection regulations pursuant to this section was not the operator of the vehicle at the time of the violation, the owner may maintain an action for indemnification against the operator. S 10. Subdivision 12 of section 2985 of the public authorities law, as added by chapter 379 of the laws of 1992, is amended to read as follows: 12. "Electronic toll collection system" shall mean a system of collecting tolls or OTHER charges [which is capable of charging an account holder the appropriate toll or charge by transmission of infor- mation from an electronic device on a motor vehicle to the toll lane, which information is used to charge the account the appropriate toll or charge] USING ELECTRONIC DATA AND IMAGES. In adopting procedures for S. 6357--A 21 A. 8557--A the preparation and mailing of a notice of liability, the public author- ity having jurisdiction over the toll facility shall adopt guidelines to ensure adequate and timely notice to all electronic toll collection system account holders to inform them when their accounts are delin- quent. An owner who is an account holder under the electronic toll collection system shall not be found liable for a violation of this section unless such authority has first sent a notice of delinquency to such account holder and the account holder was in fact delinquent at the time of the violation. S 11. Section 2985 of the public authorities law is amended by adding three new subdivisions 15, 16 and 17 to read as follows: 15. IN ADDITIONAL TO ANY MONETARY LIABILITY THAT MAY BE IMPOSED PURSUANT TO THIS SECTION, A PUBLIC AUTHORITY THAT OPERATES A TOLL HIGH- WAY, BRIDGE OR TUNNEL FACILITY IS HEREBY AUTHORIZED AND EMPOWERED TO IMPOSE AN ADMINISTRATIVE FEE OR FEES ON AN OWNER, AN OPERATOR OR AN ACCOUNT HOLDER THAT HAS VIOLATED TOLL COLLECTION REGULATIONS. 16. ANY NOTICE REQUIRED TO BE SENT PURSUANT TO THIS SECTION BY FIRST CLASS MAIL MAY INSTEAD BE SENT, WITH CONSENT, BY ELECTRONIC MEANS OF COMMUNICATION. A MANUAL OR AUTOMATIC RECORD OF ELECTRONIC COMMUNICATIONS PREPARED IN THIS ORDINARY COURSE OF BUSINESS SHALL BE ADEQUATE EVIDENCE OF ELECTRONIC NOTICE. 17. THE NEW YORK STATE THRUWAY AUTHORITY AND THE NEW YORK STATE BRIDGE AUTHORITY ARE AUTHORIZED TO ADOPT RULES AND REGULATIONS TO ESTABLISH AN ADMINISTRATIVE TRIBUNAL TO ADJUDICATE THE LIABILITY OF OWNERS FOR VIOLATION OF TOLL COLLECTION REGULATIONS AS DEFINED IN AND IN ACCORDANCE WITH THE PROVISIONS OF THIS SECTION AND THE APPLICABLE TOLL REGULATIONS OF SUCH AUTHORITIES. SUCH TRIBUNAL SHALL HAVE, WITH RESPECT TO VIOLATION OF TOLL COLLECTION REGULATIONS OF SUCH AUTHORITIES, NON-EXCLUSIVE JURIS- DICTION OVER VIOLATIONS OF THE RULES AND REGULATIONS WHICH MAY FROM TIME TO TIME BE ESTABLISHED BY SUCH AUTHORITIES IN ACCORDANCE WITH THE PROVISIONS OF THIS SECTION. VIOLATIONS SHALL BE HEARD AND DETERMINED IN THE COUNTY IN WHICH THE VIOLATION IS ALLEGED TO HAVE OCCURRED OR IN THE COUNTY IN WHICH THE PUBLIC AUTHORITY HAS ITS PRIMARY OR REGIONAL ADMIN- ISTRATIVE OFFICES AND REGULATIONS MAY PROVIDE FOR THE CONDUCT OF HEAR- INGS VIA VIDEOCONFERENCING. S 12. Subdivision 2 of section 87 of the public officers law is amended by adding a new paragraph (n) to read as follows: (N) ARE DATA OR IMAGES PRODUCED BY AN ELECTRONIC TOLL COLLECTION SYSTEM UNDER AUTHORITY OF SECTION TWO THOUSAND NINE HUNDRED EIGHTY-FIVE OF THE PUBLIC AUTHORITIES LAW. S 13. Subdivision 4-d of section 510 of the vehicle and traffic law, as added by chapter 379 of the laws of 1992, is amended to read as follows: 4-d. Suspension of registration for failure to answer or pay penalties with respect to certain violations. Upon the receipt of a notification, IN THE MANNER AND FORM PRESCRIBED BY THE COMMISSIONER, from a court [or], an administrative tribunal, A PUBLIC AUTHORITY, OR ANY OTHER PUBLIC ENTITY IMPOSING VIOLATIONS, that an owner of a motor vehicle failed to appear on the return date or dates or a new subsequent adjourned date or dates or failed to pay any penalty imposed by a court or failed to comply with the rules and regulations of an administrative tribunal following entry of a final decision or decisions, in response to [five] THREE or more notices of liability or other process, issued within an eighteen month period FROM ANY AND ALL JURISDICTIONS charging such owner with a violation of toll collection regulations in accordance with the provisions of section two thousand nine hundred eighty-five of S. 6357--A 22 A. 8557--A the public authorities law or sections sixteen-a, sixteen-b and sixteen-c of chapter seven hundred seventy-four of the laws of nineteen hundred fifty, OR OTHER COMPARABLE LAW, the commissioner or his OR HER agent shall suspend the registration of the vehicle or vehicles involved in the violation or the privilege of operation of any motor vehicle owned by the registrant. Such suspension shall take effect no less than thirty days from the date on which notice thereof is sent by the commis- sioner to the person whose registration or privilege is suspended and shall remain in effect until such registrant has appeared in response to such notices of liability or has paid such penalty or in the case of an administrative tribunal, the registrant has complied with the rules and regulations following the entry of a final decision or decisions. S 14. Subdivision 8 of section 402 of the vehicle and traffic law, as amended by chapter 61 of the laws of 1989 and as renumbered by chapter 648 of the laws of 2006, is amended and a new subdivision 9 is added to read as follows: 8. [The] EXCEPT AS PROVIDED IN SUBDIVISION NINE OF THIS SECTION, THE violation of this section shall be punishable by a fine of not less than twenty-five nor more than two hundred dollars. 9. THE VIOLATION OF THIS SECTION ON A TOLL HIGHWAY, BRIDGE AND/OR TUNNEL FACILITY SHALL BE PUNISHABLE BY A FINE OF NOT LESS THAN ONE HUNDRED NOR MORE THAN FIVE HUNDRED DOLLARS. S 15. Subparagraph (i) of paragraph a of subdivision 5-a of section 401 of the vehicle and traffic law, as amended by section 9 of chapter 189 of the laws of 2013, is amended to read as follows: (i) If at the time of application for a registration or renewal there- of there is a certification from a court, parking violations bureau, traffic and parking violations agency or administrative tribunal of appropriate jurisdiction [or administrative tribunal of appropriate jurisdiction] that the registrant or his or her representative failed to appear on the return date or any subsequent adjourned date or failed to comply with the rules and regulations of an administrative tribunal following entry of a final decision in response to a total of three or more summonses or other process in the aggregate, issued within an eigh- teen month period, charging either that: (i) such motor vehicle was parked, stopped or standing, or that such motor vehicle was operated for hire by the registrant or his or her agent without being licensed as a motor vehicle for hire by the appropriate local authority, in violation of any of the provisions of this chapter or of any law, ordinance, rule or regulation made by a local authority; or (ii) the registrant was liable in accordance with section eleven hundred eleven-a of this chap- ter or section eleven hundred eleven-b of this chapter for a violation of subdivision (d) of section eleven hundred eleven of this chapter; or (iii) the registrant was liable in accordance with section eleven hundred eleven-c of this chapter for a violation of a bus lane restriction as defined in such section, or (iv) the registrant was liable in accordance with section eleven hundred eighty-b of this chap- ter for a violation of subdivision (c) or (d) of section eleven hundred eighty of this chapter; OR (V) THE REGISTRANT WAS LIABLE IN ACCORDANCE WITH SECTION TWO THOUSAND NINE HUNDRED EIGHTY-FIVE OF THE PUBLIC AUTHOR- ITIES LAW OR SECTIONS SIXTEEN-A, SIXTEEN-B OR SIXTEEN-C OF CHAPTER SEVEN HUNDRED SEVENTY-FOUR OF THE LAWS OF NINETEEN HUNDRED FIFTY, the commis- sioner or his or her agent shall deny the registration or renewal appli- cation until the applicant provides proof from the court, traffic and parking violations agency or administrative tribunal wherein the charges are pending that an appearance or answer has been made or in the case of S. 6357--A 23 A. 8557--A an administrative tribunal that he or she has complied with the rules and regulations of said tribunal following entry of a final decision. Where an application is denied pursuant to this section, the commission- er may, in his or her discretion, deny a registration or renewal appli- cation to any other person for the same vehicle and may deny a registra- tion or renewal application for any other motor vehicle registered in the name of the applicant where the commissioner has determined that such registrant's intent has been to evade the purposes of this subdivi- sion and where the commissioner has reasonable grounds to believe that such registration or renewal will have the effect of defeating the purposes of this subdivision. Such denial shall only remain in effect as long as the summonses remain unanswered, or in the case of an adminis- trative tribunal, the registrant fails to comply with the rules and regulations following entry of a final decision. S 15-a. Paragraph a of subdivision 5-a of section 401 of the vehicle and traffic law, as amended by section 9-a of chapter 189 of the laws of 2013, is amended to read as follows: a. If at the time of application for a registration or renewal thereof there is a certification from a court or administrative tribunal of appropriate jurisdiction that the registrant or his or her represen- tative failed to appear on the return date or any subsequent adjourned date or failed to comply with the rules and regulations of an adminis- trative tribunal following entry of a final decision in response to a total of three or more summonses or other process in the aggregate, issued within an eighteen month period, charging either that: (i) such motor vehicle was parked, stopped or standing, or that such motor vehi- cle was operated for hire by the registrant or his or her agent without being licensed as a motor vehicle for hire by the appropriate local authority, in violation of any of the provisions of this chapter or of any law, ordinance, rule or regulation made by a local authority; or (ii) the registrant was liable in accordance with section eleven hundred eleven-b of this chapter for a violation of subdivision (d) of section eleven hundred eleven of this chapter; or (iii) the registrant was liable in accordance with section eleven hundred eleven-c of this chap- ter for a violation of a bus lane restriction as defined in such section; or (iv) the registrant was liable in accordance with section eleven hundred eighty-b of this chapter for a violation of subdivision (b), (c), (d), (f) or (g) of section eleven hundred eighty of this chap- ter; OR (V) THE REGISTRANT WAS LIABLE IN ACCORDANCE WITH SECTION TWO THOUSAND NINE HUNDRED EIGHTY-FIVE OF THE PUBLIC AUTHORITIES LAW OR SECTIONS SIXTEEN-A, SIXTEEN-B OR SIXTEEN-C OF CHAPTER SEVEN HUNDRED SEVENTY-FOUR OF THE LAWS OF NINETEEN HUNDRED FIFTY, the commissioner or his or her agent shall deny the registration or renewal application until the applicant provides proof from the court or administrative tribunal wherein the charges are pending that an appearance or answer has been made or in the case of an administrative tribunal that he or she has complied with the rules and regulations of said tribunal follow- ing entry of a final decision. Where an application is denied pursuant to this section, the commissioner may, in his or her discretion, deny a registration or renewal application to any other person for the same vehicle and may deny a registration or renewal application for any other motor vehicle registered in the name of the applicant where the commis- sioner has determined that such registrant's intent has been to evade the purposes of this subdivision and where the commissioner has reason- able grounds to believe that such registration or renewal will have the effect of defeating the purposes of this subdivision. Such denial shall S. 6357--A 24 A. 8557--A only remain in effect as long as the summonses remain unanswered, or in the case of an administrative tribunal, the registrant fails to comply with the rules and regulations following entry of a final decision. S 15-b. Paragraph a of subdivision 5-a of section 401 of the vehicle and traffic law, as amended by section 9-b of chapter 189 of the laws of 2013, is amended to read as follows: a. If at the time of application for a registration or renewal thereof there is a certification from a court or administrative tribunal of appropriate jurisdiction that the registrant or his or her represen- tative failed to appear on the return date or any subsequent adjourned date or failed to comply with the rules and regulations of an adminis- trative tribunal following entry of a final decision in response to three or more summonses or other process, issued within an eighteen month period, charging that such motor vehicle was parked, stopped or standing, or that such motor vehicle was operated for hire by the regis- trant or his or her agent without being licensed as a motor vehicle for hire by the appropriate local authority, in violation of any of the provisions of this chapter or of any law, ordinance, rule or regulation made by a local authority, or the registrant was liable in accordance with section eleven hundred eleven-c of this chapter for a violation of a bus lane restriction as defined in such section, or the registrant was liable in accordance with section eleven hundred eighty-b of this chap- ter for a violation of subdivision (b), (c), (d), (f) or (g) of section eleven hundred eighty of this chapter, OR THE REGISTRANT WAS LIABLE IN ACCORDANCE WITH SECTION TWO THOUSAND NINE HUNDRED EIGHTY-FIVE OF THE PUBLIC AUTHORITIES LAW OR SECTIONS SIXTEEN-A, SIXTEEN-B OR SIXTEEN-C OF CHAPTER SEVEN HUNDRED SEVENTY-FOUR OF THE LAWS OF NINETEEN HUNDRED FIFTY, the commissioner or his or her agent shall deny the registration or renewal application until the applicant provides proof from the court or administrative tribunal wherein the charges are pending that an appearance or answer has been made or in the case of an administrative tribunal that he or she has complied with the rules and regulations of said tribunal following entry of a final decision. Where an application is denied pursuant to this section, the commissioner may, in his or her discretion, deny a registration or renewal application to any other person for the same vehicle and may deny a registration or renewal application for any other motor vehicle registered in the name of the applicant where the commissioner has determined that such registrant's intent has been to evade the purposes of this subdivision and where the commissioner has reasonable grounds to believe that such registration or renewal will have the effect of defeating the purposes of this subdivi- sion. Such denial shall only remain in effect as long as the summonses remain unanswered, or in the case of an administrative tribunal, the registrant fails to comply with the rules and regulations following entry of a final decision. S 15-c. Paragraph a of subdivision 5-a of section 401 of the vehicle and traffic law, as amended by section 9-c of chapter 189 of the laws of 2013, is amended to read as follows: a. If at the time of application for a registration or renewal thereof there is a certification from a court or administrative tribunal of appropriate jurisdiction that the registrant or his representative failed to appear on the return date or any subsequent adjourned date or failed to comply with the rules and regulations of an administrative tribunal following entry of a final decision in response to three or more summonses or other process, issued within an eighteen month period, charging that such motor vehicle was parked, stopped or standing, or S. 6357--A 25 A. 8557--A that such motor vehicle was operated for hire by the registrant or his agent without being licensed as a motor vehicle for hire by the appro- priate local authority, in violation of any of the provisions of this chapter or of any law, ordinance, rule or regulation made by a local authority, or the registrant was liable in accordance with section elev- en hundred eighty-b of this chapter for violations of subdivision (b), (c), (d), (f) or (g) of section eleven hundred eighty of this chapter, OR THE REGISTRANT WAS LIABLE IN ACCORDANCE WITH SECTION TWO THOUSAND NINE HUNDRED EIGHTY-FIVE OF THE PUBLIC AUTHORITIES LAW OR SECTIONS SIXTEEN-A, SIXTEEN-B OR SIXTEEN-C OF CHAPTER SEVEN HUNDRED SEVENTY-FOUR OF THE LAWS OF NINETEEN HUNDRED FIFTY, the commissioner or his agent shall deny the registration or renewal application until the applicant provides proof from the court or administrative tribunal wherein the charges are pending that an appearance or answer has been made or in the case of an administrative tribunal that he has complied with the rules and regulations of said tribunal following entry of a final decision. Where an application is denied pursuant to this section, the commission- er may, in his discretion, deny a registration or renewal application to any other person for the same vehicle and may deny a registration or renewal application for any other motor vehicle registered in the name of the applicant where the commissioner has determined that such regis- trant's intent has been to evade the purposes of this subdivision and where the commissioner has reasonable grounds to believe that such registration or renewal will have the effect of defeating the purposes of this subdivision. Such denial shall only remain in effect as long as the summonses remain unanswered, or in the case of an administrative tribunal, the registrant fails to comply with the rules and regulations following entry of a final decision. S 15-d. Paragraph a of subdivision 5-a of section 401 of the vehicle and traffic law, as separately amended by chapters 339 and 592 of the laws of 1987, is amended to read as follows: a. If at the time of application for a registration or renewal thereof there is a certification from a court or administrative tribunal of appropriate jurisdiction that the registrant or his representative failed to appear on the return date or any subsequent adjourned date or failed to comply with the rules and regulations of an administrative tribunal following entry of a final decision in response to three or more summonses or other process, issued within an eighteen month period, charging that such motor vehicle was parked, stopped or standing, or that such motor vehicle was operated for hire by the registrant or his agent without being licensed as a motor vehicle for hire by the appro- priate local authority, in violation of any of the provisions of this chapter or of any law, ordinance, rule or regulation made by a local authority, OR THE REGISTRANT WAS LIABLE IN ACCORDANCE WITH SECTION TWO THOUSAND NINE HUNDRED EIGHTY-FIVE OF THE PUBLIC AUTHORITIES LAW OR SECTIONS SIXTEEN-A, SIXTEEN-B OR SIXTEEN-C OF CHAPTER SEVEN HUNDRED SEVENTY-FOUR OF THE LAWS OF NINETEEN HUNDRED FIFTY, the commissioner or his agent shall deny the registration or renewal application until the applicant provides proof from the court or administrative tribunal wher- ein the charges are pending that an appearance or answer has been made or in the case of an administrative tribunal that he has complied with the rules and regulations of said tribunal following entry of a final decision. Where an application is denied pursuant to this section, the commissioner may, in his discretion, deny a registration or renewal application to any other person for the same vehicle and may deny a registration or renewal application for any other motor vehicle regis- S. 6357--A 26 A. 8557--A tered in the name of the applicant where the commissioner has determined that such registrant's intent has been to evade the purposes of this subdivision and where the commissioner has reasonable grounds to believe that such registration or renewal will have the effect of defeating the purposes of this subdivision. Such denial shall only remain in effect as long as the summonses remain unanswered, or in the case of an adminis- trative tribunal, the registrant fails to comply with the rules and regulations following entry of a final decision. S 16. The vehicle and traffic law is amended by adding a new section 518 to read as follows: S 518. RECIPROCAL AGREEMENTS CONCERNING SUSPENSION OR DENIAL OF REGIS- TRATION OF A MOTOR VEHICLE FOR VIOLATIONS OF TOLL COLLECTION REGU- LATIONS. 1. THE COMMISSIONER MAY EXECUTE A RECIPROCAL COMPACT OR AGREE- MENT REGARDING TOLL COLLECTION VIOLATIONS WITH THE MOTOR VEHICLE ADMINISTRATOR OR OTHER AUTHORIZED OFFICIAL OF ANOTHER STATE NOT INCON- SISTENT WITH THE PROVISIONS OF THIS CHAPTER. SUCH COMPACT OR AGREEMENT SHALL PROVIDE THAT IF A REGISTRATION OF A MOTOR VEHICLE WOULD BE SUSPENDED PURSUANT TO SUBDIVISION FIVE-A OF SECTION FOUR HUNDRED ONE OF THIS CHAPTER, OR PURSUANT TO A COMPARABLE LAW OR REGULATION OF ANOTHER STATE, OR IF THE REGISTRATION OR RENEWAL OF A MOTOR VEHICLE WOULD BE DENIED PURSUANT TO SUBDIVISION FOUR-D OF SECTION 510 OF THIS ARTICLE, OR PURSUANT TO A COMPARABLE LAW OR REGULATION OF ANOTHER STATE, BECAUSE AN OWNER OF A MOTOR VEHICLE (A) FAILED TO APPEAR, (B) FAILED TO PAY ANY PENALTY IMPOSED BY A COURT, OR (C) FAILED TO COMPLY WITH THE RULES AND REGULATIONS OF AN ADMINISTRATIVE TRIBUNAL FOLLOWING ENTRY OF A FINAL DECISION IN RESPONSE TO THREE OR MORE NOTICES OF LIABILITY OF OTHER PROCESS ISSUED WITHIN AN EIGHTEEN-MONTH PERIOD IN ACCORDANCE WITH THE PROVISIONS OF SECTION TWO THOUSAND NINE HUNDRED EIGHTY-FIVE OF THE PUBLIC AUTHORITIES LAW OR SECTIONS ONE THROUGH SIXTEEN AND SIXTEEN-A, SIXTEEN-B AND SIXTEEN-C OF CHAPTER SEVEN HUNDRED SEVENTY-FOUR OF THE LAWS OF NINETEEN HUNDRED FIFTY, OR WITH ANY COMPARABLE LAW OR REGULATION OF ANOTHER STATE, THEN THE STATE ISSUING THE REGISTRATION SHALL LIKEWISE SUSPEND THE REGISTRATION OR DENY THE REGISTRATION OR RENEWAL, UNTIL SUCH REGISTRANT OR APPLICANT HAS APPEARED IN RESPONSE TO SUCH NOTICES OF LIABILITY, OR HAS PAID SUCH PENALTY, OR, IN THE CASE OF AN ADMINISTRA- TIVE TRIBUNAL, THE REGISTRANT OR APPLICANT HAS COMPLIED WITH THE RULES AND REGULATIONS FOLLOWING THE ENTRY OF A FINAL DECISION OR DECISIONS. 2. SUCH COMPACT OR AGREEMENT SHALL ALSO PROVIDE SUCH TERMS AND PROCE- DURES AS ARE NECESSARY AND PROPER TO FACILITATE ITS ADMINISTRATION. ANY SUCH COMPACT OR AGREEMENT SHALL SPECIFY THE VIOLATIONS SUBJECT TO THE COMPACT OR AGREEMENT, AND SHALL INCLUDE A DETERMINATION OF COMPARABLE VIOLATIONS IN EACH STATE IF ANY SUCH VIOLATIONS ARE OF A SUBSTANTIALLY SIMILAR NATURE BUT ARE NOT DENOMINATED OR DESCRIBED IN PRECISELY THE SAME WORDS IN EACH PARTY STATE. 3. THE WORD "STATE" WHEN USED IN THIS SECTION SHALL MEAN ANY STATE, TERRITORY, A POSSESSION OF THE UNITED STATES, DISTRICT OF COLUMBIA OR ANY PROVINCE OF CANADA. S 17. Paragraph b of subdivision 2 of section 240 of the vehicle and traffic law, as added by chapter 715 of the laws of 1972, is amended to read as follows: b. No charge may be established except upon proof by substantial evidence; EXCEPT THAT FOR AN ALLEGATION OF LIABILITY IN ACCORDANCE WITH SECTION TWO THOUSAND NINE HUNDRED EIGHTY-FIVE OF THE PUBLIC AUTHORITIES LAW OR SECTIONS SIXTEEN-A, SIXTEEN-B AND SIXTEEN-C OF CHAPTER SEVEN HUNDRED SEVENTY-FOUR OF THE LAWS OF NINETEEN HUNDRED FIFTY, NO CHARGE S. 6357--A 27 A. 8557--A MAY BE ESTABLISHED EXCEPT UPON PROOF BY PREPONDERANCE OF EVIDENCE AS SUBMITTED. S 18. Subdivision 3 of section 165.15 of the penal law is amended to read as follows: 3. With intent to obtain railroad, subway, bus, air, taxi or any other public transportation service OR TO USE ANY HIGHWAY, PARKWAY, ROAD, BRIDGE OR TUNNEL without payment of the lawful charge OR TOLL therefor, or to avoid payment of the lawful charge OR TOLL for such transportation service which has been rendered to him OR HER OR FOR SUCH USE OF ANY HIGHWAY, PARKWAY, ROAD, BRIDGE OR TUNNEL, he OR SHE obtains or attempts to obtain such service OR USE or avoids or attempts to avoid payment therefor by force, intimidation, stealth, deception or mechanical tampering, or by unjustifiable failure or refusal to pay; or S 19. Subdivision 10 of section 1209-a of the public authorities law, as amended by chapter 379 of the laws of 1992, is amended to read as follows: 10. Funds. [All] EXCEPT FOR PENALTIES, EVADED TOLLS AND OTHER CHARGES COLLECTED AND PAID TO THE TRIBOROUGH BRIDGE AND TUNNEL AUTHORITY IN ACCORDANCE WITH THE PROVISIONS OF SECTION TWO THOUSAND NINE HUNDRED EIGHTY-FIVE OF THIS CHAPTER, ALL penalties collected pursuant to the provisions of this section shall be paid to the authority to the credit of a transit crime fund which the authority shall establish. Any sums in this fund shall be used to pay for programs selected by the board of the authority, in its discretion, to reduce the incidence of crimes and infractions on transit facilities, or to improve the enforcement of laws against such crimes and infractions. Such funds shall be in addition to and not in substitution for any funds provided by the state or the city of New York for such purposes. S 20. Section 1209-a of the public authorities law is amended by adding a new subdivision 11 to read as follows: 11. NOTICE. ANY NOTICE OR COMMUNICATION REQUIRED TO BE SENT PURSUANT TO THIS SECTION BY REGISTERED MAIL OR CERTIFIED MAIL MAY INSTEAD BE SENT BY FIRST CLASS MAIL OR, WITH CONSENT, BY ELECTRONIC MEANS OF COMMUNI- CATION. S 21. Section 2 of chapter 774 of the laws of 1950, relating to agree- ing with the state of New Jersey with respect to rules and regulations governing traffic on vehicular crossings operated by the port of New York authority, is amended to read as follows: S 2. No traffic shall be permitted in or upon vehicular crossings except upon the payment of such tolls and other charges as may from time to time be prescribed by the port authority. It is hereby declared to be unlawful for any person to refuse to pay, or to evade or to attempt to evade the payment of such tolls or other charges. THE OBLIGATION TO PAY SUCH TOLLS AND OTHER CHARGES IS INCURRED AT THE TIME OF ENTRY INTO OR USE OF THE PARTICULAR VEHICULAR CROSSING. S 22. Section 16-a of chapter 774 of the laws of 1950, relating to agreeing with the state of New Jersey with respect to rules and regu- lations governing traffic on vehicular crossings operated by the port of New York authority, as added by chapter 379 of the laws of 1992, is amended to read as follows: S 16-a. Owner liability for failure of operator to comply with toll collection regulations of the port authority. Notwithstanding any other provision of law and in accordance with the provisions of [section] SECTIONS 16-b AND 16-C of this act, an owner of a vehicle may be held liable for failure of an operator thereof to comply with the toll collection regulations of the port authority of New York and New Jersey S. 6357--A 28 A. 8557--A (hereinafter called port authority). The owner of a vehicle shall be liable pursuant to this section if such vehicle was used or operated with the permission of the owner, express or implied, in violation of the toll collection regulations of the port authority, and such violation is evidenced by information obtained from a photo-monitoring system, provided, however, that no owner of a vehicle shall be liable where the operator of such vehicle has been convicted of a violation of those toll collection regulations for the same incident. S 23. Section 16-b of chapter 774 of the laws of 1950, relating to agreeing with the state of New Jersey with respect to rules and regu- lations governing traffic on vehicular crossings operated by the port of New York authority, as added by chapter 379 of the laws of 1992, subdi- vision f as amended by chapter 666 of the laws of 1993, is amended to read as follows: S 16-b. Imposition of liability for failure of operator to comply with toll collection regulations of the port authority. The liability set forth in section 16-a of this act, shall be imposed upon an owner for a violation by an operator of the toll collection regulations of the port authority occurring within the territorial limits of the state of New York in accordance with the following: a. For the purposes of this section AND SECTIONS 16-A AND 16-C OF THIS ACT, the term "owner" shall mean any person, corporation, partnership, firm, agency, association, lessor, or organization who, at the time of the violation [in any city in which a vehicle is operated] OR THE OBLI- GATION FOR PAYMENT OF THE TOLL CHARGES IS INCURRED: (i) is the benefi- cial or equitable owner of such vehicle; or (ii) has title to such vehi- cle; or (iii) is the registrant or co-registrant of such vehicle which is registered with the department of motor vehicles of this state or any other state, territory, district, province, nation or other jurisdic- tion; or (iv) subject to the limitations set forth in subdivision f of this section, uses such vehicle in its vehicle renting and/or leasing business; and includes (v) a person entitled to the use and possession of a vehicle subject to a security interest in another person. For the purposes of this section, the term "operator" shall mean any person, corporation, firm, partnership, agency, association, organization or lessee that uses or operates a vehicle with or without the permission of the owner, and an owner who operates his or her own vehicle. FOR PURPOSES OF THIS SECTION AND SECTION 16-A OF THIS ACT, THE TERM "ELEC- TRONIC TOLL COLLECTION SYSTEM" SHALL MEAN A SYSTEM FOR COLLECTING TOLLS OR OTHER CHARGES USING ELECTRONIC DATA AND IMAGES. For purposes of this section, the term "photo-monitoring system" shall mean a vehicle sensor installed to work in conjunction with a toll collection facility which automatically produces one or more photographs, one or more microphoto- graphs, a videotape, or other recorded images of each vehicle at the time it is used or operated in [violation of the toll collection regu- lations of the port authority] OR UPON VEHICULAR CROSSINGS OPERATED BY THE PORT AUTHORITY. For purposes of this section AND SECTIONS 16-A AND 16-C OF THIS ACT, the term "toll collection regulations of the port authority" shall refer to the traffic regulations for interstate vehicu- lar crossings operated by the port authority as set forth in this chap- ter and in chapter 192 of the laws of New Jersey of 1950, and specif- ically that section of the laws which prohibits traffic in or upon vehicular crossings operated by the port authority except upon the payment of such tolls and other charges as may from time to time be prescribed by the port authority and which further makes it unlawful for any person to refuse to pay, or to evade or to attempt to evade the S. 6357--A 29 A. 8557--A payment of such tolls or other charges. For purposes of this section AND SECTION 16-A OF THIS ACT, the term "vehicle" shall mean every device in, upon, or by which a person or property is or may be transported or drawn upon a highway[, except devices used exclusively upon stationary rails or tracks]. b. A certificate, sworn to or affirmed by an agent of the port author- ity, or a facsimile thereof, based upon inspection of [photographs, microphotographs, videotape or other recorded images] DATA OR IMAGES produced by [a photo-monitoring system] ITS ELECTRONIC TOLL COLLECTION SYSTEM OR OTHER RECORDS MAINTAINED BY OR ON BEHALF OF THE PORT AUTHORITY REGARDING TOLL VIOLATIONS shall be prima facie evidence of the facts contained therein and shall be admissible in any proceeding charging a violation of toll collection regulations of the port authority, provided that any [photographs, microphotographs, videotape or other recorded images] SUCH DATA, IMAGES, OR RECORDS evidencing such a violation shall be available for inspection and admission into evidence in any proceed- ing to adjudicate the liability for such violation. c. An imposition of liability pursuant to this section shall be based upon a preponderance of evidence as submitted. An imposition of liabil- ity pursuant to this section shall not be deemed a conviction of an operator and shall not be made part of the motor vehicle operating record, furnished pursuant to section 354 of the vehicle and traffic law, of the person upon whom such liability is imposed nor shall it be used for insurance purposes in the provision of motor vehicle insurance coverage. d. (i) A notice of liability shall be sent by first class mail OR, WITH CONSENT, BY ELECTRONIC MEANS OF COMMUNICATION to each person alleged to be liable [as an owner] for a violation pursuant to this section of the toll collection regulations of the port authority. Such notice shall be [mailed] SENT no later than [thirty] ONE HUNDRED TWENTY days after the alleged violation. Personal delivery [on the owner] shall not be required. A manual or automatic record of [mailing] SENDING THE NOTICE prepared in the ordinary course of business shall be prima facie evidence of the [mailing] SENDING of the notice. (ii) A notice of liability shall contain the name and address of the person alleged to be liable [as an owner] for a violation of the toll collection regulations of the port authority pursuant to this section, the registration number AND STATE OF REGISTRATION of the vehicle involved in such violation, the [location where such violation took place, the date and time] LOCATIONS, DATES AND TIMES OF EACH USE OF THE VEHICULAR CROSSING THAT FORMS THE BASIS of such violation, THE AMOUNT OF THE ASSESSED TOLLS AND OTHER CHARGES, and the identification number of the [photo-monitoring system] ELECTRONIC TOLL COLLECTION SYSTEM which recorded the [violation] USE or other document locator number. (iii) The notice of liability shall contain information advising the person charged of the manner and the time in which he may contest the liability alleged in the notice. Such notice of liability shall also contain a warning to advise the persons charged that failure to contest in the manner and time provided shall be deemed an admission of liabil- ity and that a default judgment may be entered thereon. (iv) The notice of liability shall be prepared and [mailed] SENT by the port authority or its duly authorized agent. e. If an owner receives a notice of liability pursuant to this section for any time period during which the vehicle was reported to the police department as having been stolen, it shall be a valid defense to an allegation of liability for a violation of the toll collection regu- S. 6357--A 30 A. 8557--A lations of the port authority that the vehicle had been reported to the police as stolen prior to the time the violation occurred and had not been recovered by such time. If an owner receives a notice of liability pursuant to this section for any time period during which the vehicle was stolen, but not as yet reported to the police as having been stolen, it shall be a valid defense to an allegation of liability for a violation of toll collection regulations of the port authority pursuant to this section that the vehicle was reported as stolen within two hours after discovery of the theft by the owner. For purposes of asserting the defense provided by this subdivision, it shall be sufficient that a certified copy of the police report on the stolen vehicle be sent by first class mail to the court or other entity having jurisdiction. f. An owner, as defined in subdivision a of this section, who is a lessor of a vehicle to which a notice of liability was issued pursuant to subdivision d of this section shall not be liable pursuant to this section for the violation of the toll collection regulations of the port authority provided that he or she sends to the port authority [serving the notice of liability and to the court or other entity having juris- diction] OR ITS DULY AUTHORIZED AGENT FOR THIS PURPOSE a copy of the rental, lease or other such contract document covering such vehicle on the date of the [violation] USE OF THE VEHICULAR CROSSING, with the name and address of the lessee clearly legible, within thirty days after receiving from the port authority or its duly authorized agent [the original] FOR THIS PURPOSE notice of [liability] THE USE OF THE VEHICU- LAR CROSSING BY SUCH VEHICLE. Failure to send such information within such thirty day time period shall render the lessor liable for the penalty prescribed by this section. Where the lessor complies with the provisions of this subdivision, the lessee of such vehicle on the date of such [violation] USE OF THE VEHICULAR CROSSING shall be deemed to be the owner of such vehicle for purposes of this section and shall be subject to liability for the violation of toll collection regulations of the port authority [provided that the port authority or its duly author- ized agent mails a notice of liability to the lessee within ten days after the court, or other entity having jurisdiction, deems the lessee to be the owner]. For purposes of this subdivision the term "lessor" shall mean any person, corporation, firm, partnership, agency, associ- ation or organization engaged in the business of renting or leasing vehicles to any lessee under a rental agreement, lease or otherwise wherein the said lessee has the exclusive use of said vehicle for any period of time. For the purposes of this subdivision, the term "lessee" shall mean any person, corporation, firm, partnership, agency, associ- ation or organization that rents, leases or contracts for the use of one or more vehicles and has exclusive use thereof for any period of time. g. Except as provided in subdivision f of this section, if a person receives a notice of liability pursuant to this section it shall be a valid defense to an allegation of liability for a violation of toll collection regulations of the port authority that the individual who received the notice of liability pursuant to this section was not the owner of the vehicle at the time the [violation] USE OF THE VEHICULAR CROSSING occurred. If the owner liable for a violation of the toll collection regulations of the port authority pursuant to this section was not the operator of the vehicle at the time of the [violation] USE OF THE VEHICULAR CROSSING, the owner may maintain an action for indemni- fication against the operator. The operator of the vehicle may apply to the court or other entity having jurisdiction to adjudicate the liabil- ity imposed under this section to accept responsibility for the S. 6357--A 31 A. 8557--A violation and satisfactorily discharge all applicable tolls, charges, FEES, and penalties related to the violation. h. ["Electronic toll collection system" shall mean a system of collecting tolls or charges which is capable of charging an account holder the appropriate toll or charge by transmission of information from an electronic device on a motor vehicle to the toll lane, which information is used to charge the account the appropriate toll or charge.] In adopting procedures for the preparation and [mailing] SEND- ING of a notice of liability, the port authority or its duly authorized agent shall adopt guidelines [to ensure] FOR SENDING BY FIRST CLASS MAIL OR, WITH CONSENT, BY ELECTRONIC MEANS OF COMMUNICATION, adequate and timely notice to all electronic toll collection system account holders to inform them when their accounts are delinquent. An owner who is an account holder under the electronic toll collection system shall not be found liable for a violation of this section unless such authority has first sent a notice of delinquency to such account holder and the account holder was in fact delinquent at the time of the violation. i. Nothing in this section shall be construed to limit the liability of an operator of OR THE ACCOUNT HOLDER ASSOCIATED WITH a vehicle for any violation of the toll collection regulations of the port authority. Nothing in this section shall authorize or preclude the port authority from excluding from any of its facilities, in its sole discretion, any or all vehicles found liable under this section as well as other vehi- cles owned or operated by the owner or operator of OR ACCOUNT HOLDER ASSOCIATED WITH such vehicle. j. Notwithstanding any other provision of law, all photographs, micro- photographs, videotape or other recorded images prepared pursuant to this section shall be for the exclusive use of the port authority in the discharge of its duties under this section and shall not be open to the public nor be used in any court in any action or proceeding pending therein unless such action or proceeding relates to the imposition of or indemnification for liability pursuant to this section. The port author- ity or its duly authorized agent shall not sell, distribute or make available in any way, the names and addresses of electronic toll collection system account holders, or any information compiled from transactions with such account holders, without such account holders' consent to any entity that will use such information for any commercial purpose provided that the foregoing restriction shall not be deemed to preclude the exchange of such information between any entities with jurisdiction over and or operating a toll highway bridge and/or tunnel facility. S 24. Section 16-c of chapter 774 of the laws of 1950, relating to agreeing with the state of New Jersey with respect to rules and regu- lations governing traffic on vehicular crossings operated by the port of New York authority, as added by chapter 379 of the laws of 1992, is amended to read as follows: S 16-c. Adjudication of liability. Adjudication of the liability imposed upon an owner by section 16-a of this act for a violation of the toll collection regulations of the port authority occurring within the territorial limits of the state of New York shall be in accordance with the vehicle and traffic law of New York as set forth in sections 235, 236, 237, 239, 240, 241, 242, 401, 510 and 1809 of such law, or by such entity having jurisdiction over violations of the toll collection regu- lations of the port authority occurring within the territorial limits of the state of New York, provided that all violations shall be heard and determined in the county in which [the violation is alleged to have S. 6357--A 32 A. 8557--A occurred, or by consent of both parties,] OBLIGATION FOR PAYMENT OF THE TOLLS OR OTHER CHARGES WAS INCURRED, OR in any county in the state of New York in which the port authority operates or maintains a facility. An owner found liable for a violation of toll collection regulations pursuant to this section shall for a first violation thereof be liable for THE FULL AMOUNT OF THE ASSESSED TOLL AND OTHER CHARGES AND FEES IN ADDITION TO a monetary penalty not to exceed [fifty] ONE HUNDRED dollars or two times the toll evaded whichever is greater; for a second violation thereof both within eighteen months be liable for THE FULL AMOUNT OF THE ASSESSED TOLL AND OTHER CHARGES AND FEES IN ADDITION TO a monetary penalty not to exceed [one] TWO hundred dollars or five times the toll evaded whichever is greater; for a third or subsequent violation thereof all within eighteen months be liable for THE FULL AMOUNT OF THE ASSESSED TOLL AND OTHER CHARGES AND FEES IN ADDITION TO a monetary penalty not to exceed [one] THREE hundred [fifty] dollars or ten times the toll evaded whichever is greater. THE FULL AMOUNT OF THE ASSESSED TOLLS AND OTHER CHARGES AND FEES AND ONE-HALF OF SUCH MONETARY PENALTIES COLLECTED SHALL BE PAID TO THE PORT AUTHORITY; THE REMAINING HALF OF SUCH MONETARY PENALTIES COLLECTED SHALL BE RETAINED OR DISTRIB- UTED BY THE TRIBUNAL OR ENTITY ADJUDICATING THE VIOLATION IN ACCORDANCE WITH EXISTING LAW. S 25. This act shall take effect on the one hundred twentieth day after it shall have become a law, provided that: (a) the amendments to subparagraph (i) of paragraph a of subdivision 5-a of section 401 of the vehicle and traffic law made by section fifteen of this act shall not affect the expiration of such paragraph and shall be deemed to expire therewith, when upon such date the provisions of section fifteen-a of this act shall take effect; (b) the amendments to paragraph a of subdivision 5-a of section 401 of the vehicle and traffic law made by section fifteen-a of this act shall not affect the expiration of such paragraph and shall be deemed to expire therewith, when upon such date the provisions of section fifteen-b of this act shall take effect; (c) the amendments to paragraph a of subdivision 5-a of section 401 of the vehicle and traffic law made by section fifteen-b of this act shall not affect the expiration of such paragraph and shall be deemed to expire therewith, when upon such date the provisions of section fifteen-c of this act shall take effect; and (d) the amendments to paragraph a of subdivision 5-a of section 401 of the vehicle and traffic law made by section fifteen-c of this act shall not affect the expiration of such paragraph and shall be deemed to expire therewith, when upon such date the provisions of section fifteen-d of this act shall take effect. PART H Section 1. Section 9 of chapter 67 of the laws of 1992, amending the environmental conservation law relating to pesticide product registra- tion timetables and fees, as amended by section 1 of part S of chapter 60 of the laws of 2011, is amended to read as follows: S 9. This act shall take effect April 1, 1992 [provided, however, that section three of this act shall take effect July 1, 1993 and shall expire and be deemed repealed on July 1, 2014]. S 2. Section 33-0705 of the environmental conservation law, as amended by section 2 of part S of chapter 60 of the laws of 2011, is amended to read as follows: S. 6357--A 33 A. 8557--A S 33-0705. Fee for registration. The applicant for registration shall pay a fee as follows: a. [On or before July 1, 2014, six] SIX hundred dollars for each pesticide proposed to be registered, provided that the applicant has submitted to the department proof in the form of a federal income tax return for the previous year showing gross annual sales, for federal income tax purposes, of three million five hundred thousand dollars or less; b. [On or before July 1, 2014, for] FOR all others, six hundred twenty dollars for each pesticide proposed to be registered[; c. After July 1, 2014, fifty dollars for each pesticide proposed to be registered]. S 3. Paragraph a of subdivision 1 and subdivision 2 of section 33-1201 of the environmental conservation law, as added by chapter 279 of the laws of 1996, are amended to read as follows: a. The department shall [develop] MAINTAIN a pesticide sales [and use computer] data base [in conjunction with Cornell University. The data base shall be maintained at the department]. 2. The commissioner shall prepare an annual [report summarizing] SUMMARY OF pesticide sales[, quantity of pesticides used, category of applicator and region of application. The commissioner shall not provide the name, address, or any other information which would otherwise iden- tify a commercial or private applicator, or any person who sells or offers for sale restricted use or general use pesticides to a private applicator, or any person who received the services of a commercial applicator. In accordance with article six of the public officers law, proprietary information contained within such record, including price charged per product, shall not be disclosed] BY COUNTY. The [report] ANNUAL SUMMARY shall be [submitted to the governor, the temporary presi- dent of the senate and the speaker of the assembly, and shall be made available to all interested parties. The first report shall be submitted on July first, nineteen hundred ninety-eight and] PUBLISHED ON THE DEPARTMENT'S PUBLIC WEBSITE on OR BEFORE July first [annually thereaft- er]. S 4. Subdivision 1 of section 33-1203 of the environmental conserva- tion law, as added by chapter 279 if the laws of 1996, is amended to read as follows: 1. [a.] The commissioner shall, upon written request of an interested party, in printed OR ELECTRONIC form [or on a diskette in computerized data base format], provide the information on pesticides submitted to the department pursuant to sections 33-1205 and 33-1207 of this title. Such information shall be provided by county or counties[, or five-digit zip code or codes as selected by the interested party making the written request. The commissioner shall not provide the name, address, or any other information which would otherwise identify a commercial or private applicator, or any person who sells or offers for sale restricted use or general use pesticides to a private applicator, or any person who received the services of a commercial applicator. In accordance with article six of the public officers law, proprietary information contained within such record, including price charged per product, shall not be disclosed. The provisions of this paragraph shall not apply to the provision of pesticide data to the commissioner of health, the health research science board and researchers pursuant to title one-B of article twenty-four of the public health law. b. The department shall, upon request from the department of health, compile pesticide application information by nine-digit zip code and S. 6357--A 34 A. 8557--A provide the information to the commissioner of health for researchers entitled to receive information pursuant to paragraph (d) of subdivision one of section twenty-four hundred eleven of the public health law provided, however, if the nine-digit zip code cannot be determined, the information shall be compiled by town or city]. S 5. Section 33-1205 of the environmental conservation law, as added by chapter 279 of the laws of 1996 and the closing paragraph of para- graph a of subdivision 2 as amended by chapter 260 of the laws of 1997, is amended to read as follows: S 33-1205. Recordkeeping and reporting. 1. All commercial applicators shall maintain pesticide use records for each pesticide application containing the following: a. EPA registration number; b. product name; c. quantity of each pesticide used; d. date applied; e. location of application by address (including five-digit zip code). Such records shall be maintained for a period of not less than three years. [All commercial applicators shall file, at least annually, a report or reports containing such information with the department on computer diskette or in printed form on or before February first for the prior calendar year.] All commercial applicators shall also maintain corresponding records of the dosage rates, methods AND PLACE of applica- tion and target organisms for each pesticide application. These records shall be CREATED IMMEDIATELY AFTER APPLICATION, maintained on an annual basis and retained for a period of not less than [three] FIVE years and shall be available for inspection upon request by the department. 2. a. Every person who sells or offers for sale restricted use pesti- cides to private applicators shall issue a record to the private appli- cator of each sale of a restricted use pesticide or a general use pesti- cide used in agricultural crop production to such applicator. Such record of each sale shall include the following: 1. EPA registration number; 2. product name of the pesticide purchased; 3. quantity of the pesticide purchased; 4. date purchased; 5. location of intended application by address (including five-digit zip code) or if address is unavailable by town or city (including five- digit zip code) if the location of intended application differs from the billing address that appears on the record. [Every person who sells or offers for sale restricted use pesticides to private applicators shall file, at least annually, a report or reports containing such information with the department on computer diskette or in printed form on or before February first for the prior calendar year. The department shall not use the reports filed pursuant to this paragraph for enforcement purposes.] b. All private applicators shall maintain, at a minimum, records of the restricted pesticides purchased, crop treated by such, method of application, and date of application or applications. This information shall be RECORDED IMMEDIATELY AFTER APPLICATION, maintained on an annual basis and retained for a minimum of three years, and shall be available for inspection upon request by the department. [c. A private applicator shall, upon request, within six months, provide site-specific information relating to pesticide applications to any researcher entitled to receive information pursuant to paragraph (d) of subdivision one of section twenty-four hundred eleven of the public S. 6357--A 35 A. 8557--A health law, provided, however, such request shall not be granted during planting and harvesting unless at a time and in a manner that is mutual- ly convenient.] 3. A. EVERY PERSON WHO SELLS OR OFFERS FOR SALE PESTICIDES SHALL MAIN- TAIN RECORDS OF ALL RETAIL SALES OF SUCH PESTICIDES BY COUNTY. SUCH RECORDS SHALL INCLUDE THE FOLLOWING: 1. EPA REGISTRATION NUMBER; 2. PRODUCT NAME OF THE PESTICIDE SOLD; 3. TOTAL QUANTITY OF THE PESTICIDE SOLD DURING THE CALENDAR YEAR IN EACH COUNTY IN THE STATE. EVERY PERSON WHO SELLS OR OFFERS FOR SALE PESTICIDES SHALL FILE, AT LEAST ANNUALLY, A REPORT OR REPORTS CONTAINING SUCH INFORMATION WITH THE DEPARTMENT IN ELECTRONIC OR PRINTED FORM ON OR BEFORE FEBRUARY FIRST FOR THE PRIOR CALENDAR YEAR. B. THE REQUIREMENTS OF THIS SUBDIVISION ARE NOT APPLICABLE TO: MINIMUM RISK PESTICIDES; GENERAL USE ANTIMICROBIAL PESTICIDES, EXCEPT THOSE THAT ARE SUBJECT TO THE PESTICIDE APPLICATOR CERTIFICATION REQUIREMENTS IN REGULATIONS PROMULGATED BY THE DEPARTMENT; GENERAL USE PESTICIDE PRODUCTS APPLIED TO THE CLOTHING OR SKIN; OR GENERAL USE AEROSOL PRODUCTS WITH A DIRECTED SPRAY IN CONTAINERS OF EIGHTEEN FLUID OUNCES OR LESS, BUT NOT INCLUDING ANY FOGGER PRODUCT OR AEROSOL PRODUCT THAT DISCHARGES TO A WIDE AREA. S 6. Section 33-1207 of the environmental conservation law, as added by chapter 279 of the laws of 1996, is amended to read as follows: S 33-1207. Recordkeeping and reporting by importers and manufacturers. 1. Each person manufacturing or compounding a registered [restricted use] pesticide in this state, or importing or causing a registered [restricted use] pesticide to be imported into this state for use, distribution, or storage, shall maintain records of all sales within the state during the preceding year of each [restricted use] pesticide prod- uct which he or she has imported, manufactured or compounded. The record of each [restricted use] pesticide product shall include: a. EPA registration number; b. container size; and c. number of containers sold to New York purchasers. 2. Such records shall be maintained for a period of not less than three years. All manufacturers and importers shall file an annual report containing such information with the department [on computer diskette] IN ELECTRONIC or [in] printed form on or before February first for the prior calendar year. 3. THE REQUIREMENTS OF THIS SECTION ARE NOT APPLICABLE TO: MINIMUM RISK PESTICIDES; GENERAL USE ANTIMICROBIAL PESTICIDES, EXCEPT THOSE THAT ARE SUBJECT TO THE PESTICIDE APPLICATOR CERTIFICATION REQUIREMENTS IN REGULATIONS PROMULGATED BY THE DEPARTMENT; GENERAL USE PESTICIDE PRODUCTS APPLIED TO THE CLOTHING OR SKIN; OR GENERAL USE AEROSOL PRODUCTS WITH A DIRECTED SPRAY IN CONTAINERS OF EIGHTEEN FLUID OUNCES OR LESS, BUT NOT INCLUDING ANY FOGGER PRODUCT OR AEROSOL PRODUCT THAT DISCHARGES TO A WIDE AREA. S 7. This act shall take effect immediately and shall be deemed to have been in full force and effect on and after April 1, 2014. PART I Section 1. Subdivision 25 of section 11-0103 of the environmental conservation law, as amended by chapter 595 of the laws of 1984, is amended to read as follows: S. 6357--A 36 A. 8557--A 25. "Hunting [accident"] RELATED INCIDENT" means the injury to or death of a person caused by the discharge of a firearm, CROSSBOW or longbow while the person causing such injury or death, or the person injured or killed, is taking or attempting to take game, wildlife or fish. S 2. Paragraphs 1 and 2 of subdivision 3 and subdivision 5 of section 11-0701 of the environmental conservation law, as amended by section 1-a of part R of chapter 58 of the laws of 2013, are amended to read as follows: (1) who is between the ages of twelve and sixteen years to hunt wild deer and bear with a longbow OR CROSSBOW during the special archery season and during the regular season, as provided in title 9 of this article, subject to the provisions of section 11-0929 and subdivision 3 of section 11-0713 of this article; (2) who is eighteen years of age or older to hunt wild deer and bear with a longbow OR CROSSBOW, as provided in title 9 of this article, in a special [longbow] ARCHERY season; and 5. A non-resident bear tag entitles a person who has not been a resi- dent of the state for more than thirty days who also possesses a hunting license to hunt bear during the regular open season therefor or in an open season fixed by regulation pursuant to subdivision eight of section 11-0903 of this article. It entitles a non-resident holder who also possesses a hunting license with bowhunting privilege to hunt bear with a longbow OR CROSSBOW during the open bear season. It entitles a non-re- sident holder who also possesses a hunting license with muzzle-loading privilege to hunt bear with a muzzleloader during the open bear season. S 3. Paragraph b of subdivision 6 of section 11-0703 of the environ- mental conservation law, as amended by section 2 of part R of chapter 58 of the laws of 2013, is amended to read as follows: b. Except as provided in section 11-0707 and section 11-0709 of this title, no person shall (1) hunt wild deer or bear unless such person holds and is entitled to exercise the privileges of a hunting license, and meets the requirements of this article; (2) hunt wild deer or bear with a longbow OR CROSSBOW in a special [longbow] ARCHERY season unless such person holds and is entitled to exercise the privileges of a hunt- ing license with a bowhunting privilege and meets the requirements of this article; or (3) hunt wild deer or bear with a muzzle-loading firearm in a special muzzle-loading firearm season unless such person is at least fourteen years old and holds a hunting license with a muzzle- loading privilege and meets the requirements of this article. S 4. Subparagraph 4 of paragraph b of subdivision 1 of section 11-0719 of the environmental conservation law, as amended by chapter 436 of the laws of 2000, is amended to read as follows: (4) is convicted of an offense involving a violation of subdivisions one and two of section 11-0901 of this article relating to taking of wildlife when the person taking is in or on a motor vehicle while such motor vehicle is on a public highway or an offense involving a violation of subdivision one of section 11-0901 of this article and subparagraph one of paragraph a of subdivision four of section 11-0931 of this arti- cle relating to taking wildlife when the person taking is in or on a motor vehicle and discharging a firearm, CROSSBOW or longbow in such a way that the load, BOLT or arrow passes over a public highway or a part thereof or signs an acknowledgment of any such violation for the purpose of affecting a settlement by civil compromise or by stipulation. S 5. Subdivisions 2 and 3 of section 11-0719 of the environmental conservation law, subdivision 2 as amended by section 27 and subdivision S. 6357--A 37 A. 8557--A 3 as amended by section 28 of part R of chapter 58 of the laws of 2013, are amended to read as follows: 2. a. The department may revoke the licenses, tags, bowhunting privi- leges, or muzzle-loading privileges, which authorize the holder to hunt and/or trap wildlife, and may deny the privilege of obtaining such licenses, tags, bowhunting privileges, or muzzle-loading privileges, and may deny the privileges of hunting and/or trapping with or without a license. (1) of any person who, while engaged in hunting, FISHING or trapping, (i) causes death or injury to [another] ANY PERSON by discharging a firearm, CROSSBOW or longbow, or (ii) so negligently discharges a firearm, CROSSBOW or longbow as to endanger the life or safety of another, or (iii) so negligently and wantonly discharges a firearm, CROSSBOW or longbow as to destroy or damage public or private property; or (2) of any agent of the department authorized to issue certificates of qualification in responsible hunting, bowhunting, or trapping practices who improperly issues any such certification to a person whom he OR SHE has not trained, or whom he OR SHE knows has not satisfactorily completed all of the requirements necessary for such certification. b. Action by the department resulting in the revocation of such license or denial of the privilege to hunt and trap as provided in this subdivision shall be only after a hearing held by the department upon notice to the offender, at which proof of facts indicating the violation is established to the satisfaction of the commissioner or of the hearing officer designated by him OR HER and concurred in by the commissioner. Provided that where a person, while hunting, causes death or injury to any person by discharge of a firearm, CROSSBOW or longbow, the commis- sioner may, in his OR HER discretion, suspend such person's license or licenses to hunt and suspend such person's right to hunt without a license for a period of up to sixty days pending a hearing as provided for in this subdivision. c. In case such discharge of a firearm, CROSSBOW or longbow causes death or injury to [another] ANY PERSON, the license or licenses, bowhunting privilege, and muzzle-loading privilege shall be revoked and the ability to obtain any such license and of hunting or of trapping anywhere in the state with or without a license denied, for a period not exceeding ten years, except that no revocation shall be made in cases in which facts established at the hearing indicate to the satisfaction of the commissioner that there was no negligence on the part of the shooter or [bowman] BOWHUNTER. In all other cases the license or licenses, bowhunting privilege, or muzzle-loading privilege, shall be revoked and the privilege of obtaining such license, bowhunting privilege, or muzzle-loading privilege, and of hunting or of trapping anywhere in the state with or without a license denied for a period not exceeding five years. The department may also require that the person causing such death [or], injury, ENDANGERMENT OR PROPERTY DAMAGE successfully complete a department-sponsored course and obtain a certificate of qual- ification in responsible hunting or bowhunting practices before being issued another hunting license. d. Every person injuring himself, herself or another person in a hunt- ing [accident, as such term is defined in subdivision 25 of section 11-0103 of this article] RELATED INCIDENT, and the investigating law enforcement officer summoned to or arriving at the scene of such [acci- dent] INCIDENT shall within ten days from the occurrence of such [acci- dent] INCIDENT file a report of the [accident] INCIDENT in writing with S. 6357--A 38 A. 8557--A the department. Every such person or law enforcement officer shall make such other and additional reports as the department shall require. Failure to report such [accident] INCIDENT as herein provided by the person causing injury or to furnish relevant information required by the department shall be a violation and shall constitute grounds for suspen- sion or revocation of such person's hunting licenses and bowhunting and muzzle-loading privileges and denial of the ability to obtain any such license and of hunting with or without a license following a hearing or opportunity to be heard. In addition, the department may temporarily suspend the license of the person failing to report a hunting [accident] RELATED INCIDENT within the period prescribed herein until such report has been filed. In the case of a non-resident, the failure to report an [accident] INCIDENT as herein provided shall constitute grounds for suspension or revocation of his or her privileges of hunting within this state. The report required by this section shall be made in such form and number as the department may prescribe. 3. A hunting license issued to a person who is at least twelve and less than sixteen years of age or a hunting license with bowhunting privilege issued to a person who is between the ages of twelve and sixteen years may be revoked by the department upon proof satisfactory to the department that such person, while under the age of sixteen, has engaged in hunting wildlife with a gun, CROSSBOW or longbow, in circum- stances in which a license and/or bowhunting or muzzle-loading privilege is required, while not accompanied by his or her parent, guardian or other adult as provided in section 11-0929 of this article. ADDI- TIONALLY, THE DEPARTMENT MAY REVOKE THE HUNTING AND/OR BOWHUNTING OR MUZZLE-LOADING PRIVILEGE OF ANY PARENT, GUARDIAN, YOUTH MENTOR OR OTHER ADULT UPON PROOF SATISFACTORY TO THE DEPARTMENT THAT SUCH PERSON ALLOWED THE HOLDER OF A HUNTING LICENSE, BOWHUNTING PRIVILEGE OR MUZZLE-LOADING PRIVILEGE TO HUNT WILDLIFE WITH A GUN, CROSSBOW OR LONGBOW IN VIOLATION OF SECTION 11-0929 OF THIS ARTICLE. If such license or privilege is revoked the department shall fix the period of such revocation, which is not to exceed six years. The department may require that such person successfully complete a department sponsored course and obtain a certif- icate of qualification in responsible hunting or responsible bowhunting practices before being issued another hunting or bowhunting license. S 6. Paragraphs b and g of subdivision 3, subparagraphs 5, 6 and 8 of paragraph b, subparagraphs 5, 6 and 8 of paragraph c, and subparagraph 1 of paragraph d of subdivision 4 of section 11-0901 of the environmental conservation law, paragraph b of subdivision 3 as amended by chapter 911 of the laws of 1990, paragraph g of subdivision 3 as amended by chapter 34 of the laws of 1979, subparagraph 5 of paragraph b and subparagraph 5 of paragraph c of subdivision 4 as amended by chapter 430 of the laws of 2000 and subparagraphs 6 and 8 of paragraph b, subparagraphs 6 and 8 of paragraph c and subparagraph 1 of paragraph d of subdivision 4 as amended by chapter 600 of the laws of 1993, are amended to read as follows: b. Wild deer and bear shall not be taken except by gun, CROSSBOW or by long bow. Where an open season, set forth in the table of open seasons in section 11-0907 OF THIS TITLE or otherwise established by law or fixed by regulation, is specified as an open season for taking such game by shotgun or long bow only, or is specified as an open season for taking such game by long bow only, they shall not be taken except as so specified. g. Wildlife shall not be taken [by the use of a cross-bow, by a long bow drawn, pulled, released, or held in a drawn position by any mechan- S. 6357--A 39 A. 8557--A ical device attached to a portion of the bow other than the bowstring, or] by the use of a device commonly called a spear gun. (5) with a [bow other than a] long bow with a draw weight [in excess] of LESS THAN thirty-five pounds; or (6) with an arrow OR BOLT with an arrowhead that measures less than seven-eighths of an inch at its widest point or that has fewer than two sharp cutting edges; or (8) with an arrow OR BOLT with a barbed broadhead arrowhead. (5) with a [bow other than a] long bow with a draw weight [in excess] of LESS THAN thirty-five pounds; or (6) with an arrow OR BOLT with an arrowhead that measures less than seven-eighths of an inch at its widest point or that has fewer than two sharp cutting edges; or (8) with an arrow OR BOLT with a barbed broadhead arrowhead. (1) such long bow OR CROSSBOW is unstrung, or such a firearm is taken down, or securely fastened in a case, or locked in the trunk of a vehi- cle, or S 7. Subdivisions 11 and 16 of section 11-0901 of the environmental conservation law are REPEALED. S 8. Section 11-0903 of the environmental conservation law is amended by adding a new subdivision 12 to read as follows: 12. NOTWITHSTANDING ANY INCONSISTENT PROVISION OF THIS ARTICLE, THE DEPARTMENT IS AUTHORIZED TO ADOPT REGULATIONS WHICH AUTHORIZE THE TAKING OF WILDLIFE BY THE USE OF A CROSSBOW. A SUMMARY OF REGULATIONS ADOPTED PURSUANT TO THIS SUBDIVISION SHALL BE PUBLISHED EACH YEAR IN THE HUNTING SYLLABUS ISSUED PURSUANT TO SECTION 11-0323 OF THIS ARTICLE. S 9. Subdivisions 2 and 4 of section 11-0931 of the environmental conservation law, subdivision 2 as amended by section 7 of part H of chapter 58 of the laws of 2012, subparagraph 3 of paragraph a of subdi- vision 4 as added by chapter 400 of the laws of 1973 and subparagraph 4 of paragraph a of subdivision 4 as added by chapter 67 of the laws of 1976, are amended to read as follows: 2. No CROSSBOW OR firearm except a pistol or revolver shall be carried or possessed in or on a motor vehicle unless it is UNCOCKED, FOR A CROSSBOW OR unloaded, FOR A FIREARM in both the chamber and the maga- zine, except that a loaded firearm which may be legally used for taking migratory game birds may be carried or possessed in a motorboat while being legally used in hunting migratory game birds, and no person except a law enforcement officer in the performance of his official duties shall, while in or on a motor vehicle, use a jacklight, spotlight or other artificial light upon lands inhabited by deer if he is in possession or is accompanied by a person who is in possession, at the time of such use, of a longbow, crossbow or a firearm of any kind except a pistol or revolver, unless such longbow OR CROSSBOW is unstrung or such firearm OR CROSSBOW is taken down or securely fastened in a case or locked in the trunk of the vehicle. For purposes of this subdivision, motor vehicle shall mean every vehicle or other device operated by any power other than muscle power, and which shall include but not be limit- ed to automobiles, trucks, motorcycles, tractors, trailers and motor- boats, snowmobiles and snowtravelers, whether operated on or off public highways. Notwithstanding the provisions of this subdivision, the department may issue a permit to any person who is non-ambulatory, except with the use of a mechanized aid, to possess a loaded firearm in or on a motor vehicle as defined in this section, subject to such restrictions as the department may deem necessary in the interest of S. 6357--A 40 A. 8557--A public safety. Nothing in this section permits the possession of a pistol or a revolver contrary to the penal law. 4. a. No person shall: (1) discharge a firearm, CROSSBOW or long bow in such a way as will result in the load, BOLT or arrow thereof passing over a public highway or any part thereof; (2) discharge a firearm [or long bow] within five hundred feet OR A CROSSBOW OR LONG BOW WITHIN ONE HUNDRED FIFTY FEET from a dwelling house, farm building or farm structure actually occupied or used, school building, school playground, or occupied PUBLIC STRUCTURE, factory or church; (3) use a firearm, CROSSBOW or a long bow for the hunting of migratory game birds in Larchmont Harbor, specifically those portions bounded by the following points of land: BEGINNING AT A POINT KNOWN AS UMBRELLA POINT ON THE EAST SHORE OF LARCHMONT HARBOR THEN PROCEEDING IN A NORTHERLY DIRECTION TO CEDAR ISLAND; THENCE NORTHWESTERLY TO MONROE INLET; THENCE NORTHEASTERLY TO DELANCY COVE BEING IN THE TOWN OF MAMARONECK; THENCE IN A SOUTHWESTERLY DIRECTION FROM DELANCY COVE TO GREACEN POINT; THENCE RUNNING THE AREA BETWEEN DELANCY COVE AND THE WEST SHORE OF SATANS TOE NORTHEAST; THENCE SOUTHEAST THEN ALONG THE WEST SHORE OF SATANS TOE SOUTHWEST AND THEN SOUTH TO THE SOUTHERLY POINT OF SATANS TOE TO EDGEWATER POINT. (4) Use of a firearm, CROSSBOW or a long bow for the hunting of migra- tory game birds in Udall's Cove, specifically those portions of Little Neck Bay within Nassau and Queens counties lying east of a line running north from the foot of Douglaston Parkway to the shore opposite. b. The prohibitions contained in subparagraph 2 of paragraph a above shall not apply to: (1) The owner or lessee of the dwelling house, or members of his imme- diate family actually residing therein, or a person in his employ, or the guest of the owner or lessee of the dwelling house acting with the consent of said owner or lessee, provided however, that nothing herein shall be deemed to authorize such persons to discharge a firearm [or longbow] within five hundred feet OR A CROSSBOW OR LONG BOW WITHIN ONE HUNDRED FIFTY FEET of any other dwelling house, or a farm building or farm structure actually occupied or used, or a school building or play- ground or occupied PUBLIC STRUCTURE, factory or church; (2) Programs conducted by THE DEPARTMENT, public OR PRIVATE ELEMENTARY OR SECONDARY schools offering instruction and training in the use of firearms, CROSSBOW or long bow; (3) The authorized use of a pistol, rifle or target range regularly operated and maintained by a police department or other law enforcement agency or by any duly organized membership corporation; (4) The discharge of a shotgun over water by a person hunting migrato- ry game birds if no dwelling house, FARM BUILDING OR FARM STRUCTURE ACTUALLY OCCUPIED OR USED, SCHOOL BUILDING, SCHOOL PLAYGROUND, or OCCU- PIED public structure, FACTORY OR CHURCH, livestock or person is situ- ated in the line of discharge less than five hundred feet from the point of discharge. S 10. Paragraph c of subdivision 5 of section 11-0931 of the environ- mental conservation law, as amended by chapter 309 of the laws of 2006, is amended to read as follows: c. In the Northern Zone no person, while engaged in hunting with the aid of a dog or while afield accompanied by a dog, shall possess a rifle larger than .22 caliber using rim-fire ammunition or possess a shotgun loaded with a slug, ball or buckshot, OR POSSESS A CROSSBOW; but this S. 6357--A 41 A. 8557--A paragraph does not apply to persons, engaged in coyote hunts with dogs during any open season on coyotes established pursuant to the provisions of section 11-0903 OF THIS TITLE. S 11. Paragraph 4 of subdivision a of section 265.20 of the penal law, as amended by chapter 1041 of the laws of 1974, is amended to read as follows: 4. Possession of a rifle, shotgun, CROSSBOW or longbow for use while hunting, trapping or fishing, by a person, not a citizen of the United States, carrying a valid license issued pursuant to section 11-0713 of the environmental conservation law. S 12. Paragraph a of subdivision 1 of section 9-103 of the general obligations law, as separately amended by chapters 141 and 286 of the laws of 1984, is amended to read as follows: a. an owner, lessee or occupant of premises, whether or not posted as provided in section 11-2111 of the environmental conservation law, owes no duty: (1) to keep the premises safe for entry, PASSAGE OVER PREMISES or use by others for hunting, fishing, organized gleaning as defined in section seventy-one-y of the agriculture and markets law, canoeing, boating, SWIMMING, trapping, hiking, cross-country skiing, tobogganing, sledding, speleological activities, horseback riding, bicycle riding, hang gliding, motorized vehicle operation for recreational purposes, snowmobile operation, cutting or gathering of wood for non-commercial purposes [or], training of dogs, AND ANY OTHER RECREATIONAL USE; or (2) to give warning of any hazardous condition or use of or structure or activity on such premises to persons entering for such purposes; S 13. Subdivision 3 of section 9-103 of the general obligations law is renumbered subdivision 4 and a new subdivision 3 is added to read as follows: 3. FOR THE PURPOSES OF THIS SECTION THE TERM "OCCUPANT" SHALL INCLUDE, BUT NOT BE LIMITED TO, THOSE ORGANIZATIONS, ENTITIES, OR PERSONS WHO INDIVIDUALLY OR COLLECTIVELY DEVELOP AND/OR MAINTAIN TRAILS AND OTHER RECREATIONAL FACILITIES FOR NON-COMMERCIAL USE BY THE PUBLIC. S 14. Section 11-0323 of the environmental conservation law is amended by adding a new subdivision 3 to read as follows: 3. NOTWITHSTANDING SUBDIVISION TWO OF SECTION THREE OF THE NEW YORK STATE PRINTING AND PUBLIC DOCUMENTS LAW, THE DEPARTMENT MAY ENTER INTO CONTRACTS WITH ANY RESPONSIVE AND RESPONSIBLE BIDDER TO PROVIDE THE PRINTING SERVICES REQUIRED WITH OR WITHOUT THE USE OF A SUBCONTRACTOR FOR THE PRODUCTION OF THE HUNTING AND FISHING PAMPHLETS AND SYLLABUS SET FORTH IN SUBDIVISIONS ONE AND TWO OF THIS SECTION OR ANY OTHER PUBLICA- TIONS THAT MAY BE ISSUED IN SUPPORT OF THE FISH AND WILDLIFE LAW. S 15. Section 404-s of the vehicle and traffic law, as added by chap- ter 304 of the laws of 2001, is amended by adding three new subdivisions 3, 4 and 5 to read as follows: 3. A DISTINCTIVE PLATE ISSUED PURSUANT TO THIS SECTION TO A PERSON WHO PURCHASES A LIFETIME LICENSE PURSUANT TO SECTION 11-0702 OF THE ENVIRON- MENTAL CONSERVATION LAW OR A LIFETIME VEHICLE ACCESS PASS, ALSO KNOWN AS A LIFETIME EMPIRE PASSPORT, PURSUANT TO ARTICLE THIRTEEN OF THE PARKS, RECREATION AND HISTORIC PRESERVATION LAW BETWEEN JANUARY FIRST, TWO THOUSAND FOURTEEN AND DECEMBER THIRTY-FIRST, TWO THOUSAND FOURTEEN SHALL BE ISSUED IN THE SAME MANNER AS OTHER NUMBER PLATES, HOWEVER, SUCH LIFE- TIME LICENSE HOLDER SHALL BE EXEMPT FROM THE PAYMENT OF FEES OTHERWISE REQUIRED TO BE PAID PURSUANT TO PARAGRAPHS A AND B OF SUBDIVISION THREE OF SECTION FOUR HUNDRED ONE OF THIS ARTICLE AND THE ANNUAL SERVICE CHARGE REQUIRED BY SUBDIVISION TWO OF THIS SECTION FOR THE INITIAL ISSU- S. 6357--A 42 A. 8557--A ANCE OF SUCH LICENSE PLATE AND FOR THE NEXT ENSUING REGISTRATION RENEWAL. 4. A PERSON WHO POSSESSES A LIFETIME LICENSE PURSUANT TO SECTION 11-0702 OF THE ENVIRONMENTAL CONSERVATION LAW OR A LIFETIME VEHICLE ACCESS PASS, ALSO KNOWN AS A LIFETIME EMPIRE PASSPORT, OR A THREE OR FIVE YEAR VEHICLE ACCESS PASS PURSUANT TO ARTICLE THIRTEEN OF THE PARKS, RECREATION AND HISTORIC PRESERVATION LAW SHALL, ON REQUEST BETWEEN APRIL FIRST, TWO THOUSAND FOURTEEN AND MARCH THIRTY-FIRST, TWO THOUSAND FIFTEEN, BE ISSUED A DISTINCTIVE PLATE PURSUANT TO THIS SECTION IN THE SAME MANNER AS OTHER NUMBER PLATES UPON PAYMENT OF A TWENTY-FIVE DOLLAR REGISTRATION FEE PRESCRIBED BY SECTION FOUR HUNDRED ONE OF THIS CHAPTER FOR THE INITIAL LICENSE PLATE AND SHALL BE EXEMPT FROM THE PAYMENT OF FEES OTHERWISE REQUIRED TO BE PAID PURSUANT TO PARAGRAPH B OF SUBDIVI- SION THREE OF SECTION FOUR HUNDRED ONE OF THIS ARTICLE AND THE ANNUAL SERVICE CHARGE REQUIRED BY SUBDIVISION TWO OF THIS SECTION FOR THE INITIAL ISSUANCE OF SUCH LICENSE PLATE AND FOR THE NEXT ENSUING REGIS- TRATION RENEWAL. 5. ANY NEW YORK RESIDENT WHO POSSESSES A HUNTING, FISHING OR TRAPPING LICENSE ISSUED PURSUANT TO TITLE SEVEN OF ARTICLE ELEVEN OF THE ENVIRON- MENTAL CONSERVATION LAW OR AN ANNUAL VEHICLE ACCESS PASS, ALSO KNOWN AS AN EMPIRE PASSPORT, PURSUANT TO ARTICLE THIRTEEN OF THE PARKS, RECRE- ATION AND HISTORIC PRESERVATION LAW MAY PURCHASE THE LICENSE PLATE AVAILABLE TO A PERSON WHO PURCHASES A LIFETIME LICENSE OR PASSPORT UPON PAYMENT OF THE REGULAR REGISTRATION FEE PRESCRIBED BY SECTION FOUR HUNDRED ONE OF THIS CHAPTER. S 16. Section 11-0715 of the environmental conservation law is amended by adding a new subdivision 7 to read as follows: 7. NOTWITHSTANDING THE PROVISIONS OF SUBDIVISION THREE OF THIS SECTION, THE COMMISSIONER MAY OFFER FOR SALE LICENSES, PRIVILEGES AND PERMITS LISTED IN THIS SECTION AT A REDUCED PRICE UP TO TEN DAYS PER YEAR TO ENCOURAGE RESIDENT AND OUT-OF-STATE HUNTERS, TRAPPERS AND ANGLERS TO UTILIZE NEW YORK'S HUNTING, TRAPPING AND FISHING OPPORTU- NITIES. THESE DAYS SHALL BE DESIGNATED IN A MANNER DETERMINED BY THE DEPARTMENT TO BEST PROVIDE PUBLIC NOTICE THEREOF AND TO MAXIMIZE PUBLIC PARTICIPATION THEREIN. S 17. Subdivision 14 of section 11-0305 of the environmental conserva- tion law, as amended by chapter 292 of the laws of 1996 and as renum- bered by section 2 of part F of chapter 82 of the laws of 2002, is amended to read as follows: 14. Notwithstanding any inconsistent provision of law, the commission- er may designate no more than [two] EIGHT days in each year that shall be effective in every administrative region of the department, as free sport fishing days during which any person may, without having a sport fishing license and without the payment of any fee, exercise the privi- leges of a holder of a sport fishing license, subject to all of the limitations, restrictions, conditions, laws, rules and regulations applicable to the holder of a sport fishing license. Free sport fishing days shall be designated in a manner determined by the department to best provide public notice thereof and to maximize public participation therein, so as to promote the recreational opportunities afforded by sport fishing. S 18. Subdivision 5 of section 11-0703 of the environmental conserva- tion law is amended by adding a new paragraph e to read as follows: E. ANY THREE OR FIVE-YEAR LICENSE ISSUED PURSUANT TO PARAGRAPH A OR B OF SUBDIVISION THREE OF SECTION 11-0715 SHALL BE EFFECTIVE FOR THE NUMBER OF LICENSE YEARS INDICATED THEREON BEGINNING ON SEPTEMBER FIRST S. 6357--A 43 A. 8557--A AND ENDING AUGUST THIRTY-FIRST; PROVIDED, HOWEVER, THAT A FISHING LICENSE SHALL REMAIN EFFECTIVE FOR EITHER THREE OR FIVE YEARS FROM THE DATE ON WHICH IT WAS ISSUED. S 19. Paragraphs a and b of subdivision 3 of section 11-0715 of the environmental conservation law, as amended by chapter 276 of the laws of 2013, are amended to read as follows: a. In the case of persons who meet the criteria set forth in paragraph c of subdivision four of section 11-0703 of this title: License Fee (1) (a) Hunting $22.00 (A-1) THREE-YEAR HUNTING $60.00 (A-2) FIVE-YEAR HUNTING $100.00 (b) Hunting ages fifteen and under $5.00 (2) (A) Fishing $25.00 (B) THREE-YEAR FISHING $70.00 (C) FIVE-YEAR FISHING $115.00 (3)(a) Trapping $20.00 (A-1) THREE-YEAR TRAPPING $55.00 (A-2) FIVE-YEAR TRAPPING $90.00 (b) Trapping ages fifteen and under $5.00 (4) (A) Muzzle-loading privilege $15.00 (B) THREE-YEAR MUZZLE-LOADING $40.00 (C) FIVE-YEAR MUZZLE-LOADING $65.00 (5)(a) Bowhunting privilege $15.00 (A-1) THREE-YEAR BOWHUNTING PRIVILEGE $40.00 (A-2) FIVE-YEAR BOWHUNTING PRIVILEGE $65.00 (b) Bowhunting privilege ages fifteen and under $4.00 (6) (A) Turkey permit $10.00 (B) THREE-YEAR TURKEY PERMIT $25.00 (C) FIVE-YEAR TURKEY PERMIT $40.00 (7) Seven-day fishing [$13.00] $12.00 (8) One-day fishing $ 5.00 A THREE OR FIVE-YEAR BOWHUNTING OR MUZZLE-LOADING PRIVILEGE OR TURKEY PERMIT MAY ONLY BE SOLD TO A PERSON WHO EITHER HAS PURCHASED A HUNTING LICENSE FOR THE SAME TERM OR POSSESSES A LIFETIME HUNTING LICENSE. b. In the case of a non-resident and persons resident in the state for less than thirty days: License Fee (1) (a) Hunting $100.00 (A-1) THREE-YEAR HUNTING $290.00 (A-2) FIVE-YEAR HUNTING $480.00 (b) Hunting ages fifteen and under $5.00 (2) (A) Fishing $50.00 (B) THREE-YEAR FISHING $140.00 (C) FIVE-YEAR FISHING $230.00 (3) Seven-day fishing [$31.00] $28.00 (4)(a) Trapping $275.00 (A-1) THREE-YEAR TRAPPING $825.00 (A-2) FIVE-YEAR TRAPPING $1,375.00 (b) Trapping ages fifteen and under $5.00 (5)(a) Bowhunting privilege $30.00 (A-1) THREE-YEAR BOWHUNTING PRIVILEGE $80.00 (A-2) FIVE-YEAR BOWHUNTING PRIVILEGE $130.00 (b) Bowhunting privilege ages S. 6357--A 44 A. 8557--A fifteen and under $4.00 (6) (A) Muzzle-loading $30.00 (B) THREE-YEAR MUZZLE-LOADING $80.00 (C) FIVE-YEAR MUZZLE-LOADING $130.00 (7) (A) Turkey permit $20.00 (B) THREE-YEAR TURKEY PERMIT $55.00 (C) FIVE-YEAR TURKEY PERMIT $90.00 (8) One-day fishing $10.00 A THREE OR FIVE-YEAR BOWHUNTING OR MUZZLE-LOADING PRIVILEGE OR TURKEY PERMIT MAY ONLY BE SOLD TO A PERSON WHO EITHER HAS PURCHASED A HUNTING LICENSE FOR THE SAME TERM OR POSSESSES A LIFETIME HUNTING LICENSE. S 20. This act shall take effect April 1, 2014. PART J Section 1. Subdivisions 6, 7 and 8 of section 251-z-5 of the agricul- ture and markets law, subdivisions 6 and 7 as added by chapter 863 of the laws of 1972 and subdivision 8 as added by chapter 665 of the laws of 2005, are amended and a new subdivision 9 is added to read as follows: (6) The applicant or licensee, or an officer, director, partner, hold- er of ten per cent of the voting stock, or any other person exercising any position of management or control has failed to comply with any of the provisions of this chapter or rules and regulations promulgated pursuant thereto; [or] (7) Any person including the applicant or licensee, or an officer, director, partner or any stockholder, exercising any position of manage- ment or control has been convicted of a felony in any court of the United States or any state or territory[.]; (8) A retail food store licensed under this article fails to comply with the education requirements set forth in section two hundred fifty- one-z-twelve of this article[.]; OR (9) THE APPLICANT OR LICENSEE HAS FAILED TO PAY ANY PENALTY IMPOSED FOR OR JUDGMENT BASED UPON A VIOLATION OF THE PROVISIONS OF THIS ARTICLE OR RULES AND REGULATIONS PROMULGATED PURSUANT THERETO, WHICH OUTSTANDING PENALTY OR PENALTIES AND/OR JUDGMENT OR JUDGMENTS EQUAL OR EXCEED TWO THOUSAND FOUR HUNDRED DOLLARS. NOTWITHSTANDING, AND IN ADDITION TO THE POWERS CONFERRED IN THIS SECTION, WHEN THE COMMISSIONER FINDS THAT AN APPLICANT OR LICENSEE HAS FAILED TO PAY ANY PENALTY IMPOSED OR JUDGMENT OBTAINED, WHICH OUTSTANDING PENALTY OR PENALTIES AND/OR JUDGMENT OR JUDGMENTS EQUAL OR EXCEED TWO THOUSAND FOUR HUNDRED DOLLARS, THE COMMIS- SIONER MAY DECLINE TO ISSUE OR RENEW A LICENSE, AND, IN LIEU THEREOF, SHALL GRANT A PROVISIONAL LICENSE. (A) A PROVISIONAL LICENSE SHALL EXPIRE SIXTY DAYS FOLLOWING ITS ISSU- ANCE, UNLESS: (I) PRIOR TO ITS EXPIRATION, THE APPLICANT OR LICENSEE PAYS OR ENTERS INTO AN AGREEMENT WITH THE DEPARTMENT TO PAY ALL SAID AMOUNTS DUE, AT WHICH POINT THE PROVISIONAL LICENSE SHALL CONVERT TO A TWO-YEAR LICENSE, COMMENCING AS OF THE DATE OF ISSUANCE OF THE PROVI- SIONAL LICENSE; OR (II) WITHIN THIRTY DAYS OF ITS ISSUANCE, THE APPLI- CANT OR LICENSEE REQUESTS A HEARING, PURSUANT TO RULES AND REGULATIONS THAT THE DEPARTMENT SHALL PROMULGATE. (B) WHERE A HEARING IS REQUESTED, THE PROVISIONAL LICENSE SHALL CONTINUE IN FORCE UNTIL THE DETERMINATION OF SAID HEARING. SHOULD THE APPLICANT PREVAIL, THE PROVISIONAL LICENSE SHALL CONVERT INTO A TWO-YEAR LICENSE, RUNNING FROM THE DATE OF THE ISSUANCE OF THE PROVISIONAL S. 6357--A 45 A. 8557--A LICENSE. SHOULD THE DEPARTMENT PREVAIL, THE PROVISIONAL LICENSE SHALL TERMINATE AND NO LICENSE SHALL ISSUE. S 2. This act shall take effect immediately. PART K Section 1. Expenditures of moneys appropriated in a chapter of the laws of 2014 to the energy research and development authority, under the research, development and demonstration program, from the special reven- ue funds - other/state operations, miscellaneous special revenue fund - 339, energy research and planning account, and special revenue funds - other/aid to localities, miscellaneous special revenue fund - 339, ener- gy research and planning account shall be subject to the provisions of this section. Notwithstanding the provisions of subdivision 4-a of section 18-a of the public service law, all moneys committed or expended shall be reimbursed by assessment against gas corporations and electric corporations as defined in section 2 of the public service law, and the total amount which may be charged to any gas corporation and any elec- tric corporation shall not exceed one cent per one thousand cubic feet of gas sold and .010 cent per kilowatt-hour of electricity sold by such corporations in their intrastate utility operations in calendar year 2012. Such amounts shall be excluded from the general assessment provisions of subdivision 2 of section 18-a of the public service law, but shall be billed and paid in the manner set forth in such subdivision and upon receipt shall be paid to the state comptroller for deposit in the state treasury for credit to the miscellaneous special revenue fund. The director of the budget shall not issue a certificate of approval with respect to the commitment and expenditure of moneys hereby appro- priated until the chair of such authority shall have submitted, and the director of the budget shall have approved, a comprehensive financial plan encompassing all moneys available to and all anticipated commit- ments and expenditures by such authority from any source for the oper- ations of such authority. Copies of the approved comprehensive financial plan shall be immediately submitted by the director of the budget to the chairs and secretaries of the legislative fiscal committees. S 2. This act shall take effect immediately and shall be deemed to have been in full force and effect on and after April 1, 2014. PART L Section 1. Notwithstanding any law to the contrary, the comptroller is hereby authorized and directed to receive for deposit to the credit of the general fund the amount of up to $913,000 from the New York state energy research and development authority. S 2. This act shall take effect immediately and shall be deemed to have been in full force and effect on and after April 1, 2014. PART M Section 1. Legislative findings. The legislature hereby finds and determines: 1. In 2011 and 2012, three storms of enormous magnitude - Hurricane Irene, Tropical Storm Lee and Superstorm Sandy - each battered New York, causing billions of dollars of damage to roads, buildings and other infrastructure. The three storms collectively resulted in millions of S. 6357--A 46 A. 8557--A residential, business and industrial customers of electric utilities losing electricity for extended periods of time. 2. Each of these storms caused, among other things, a disruption in the distribution and supply of motor fuels, and in the case of Super- storm Sandy, downstate motorists were unable to obtain routine supplies of fuel for several weeks. 3. In addition, temporary fuel distribution disruptions associated with the aftermath of a storm can result in emergency vehicles and responders unable to adequately address ongoing public safety and health emergencies, delay an appropriate response to infrastructure damages caused by a storm, and otherwise disrupt commerce in the state due to difficulty to obtain readily available motor fuels. 4. On November 15, 2012, in response to Superstorm Sandy, Governor Andrew M. Cuomo announced the creation of the NYS Ready Commission and tasked it with finding ways to ensure critical systems and services are prepared for future natural disasters and other emergencies. As related to this act, the Commission was tasked with addressing vulnerabilities in the state's energy systems. 5. The NYS Ready Commission recommended, among other things, to require that retail gasoline outlets located in strategic locations have on-site back-up power capacity to ensure that such outlets can continue fuel sales operations during a long-term electric outage. The purpose of this act is to ensure that the state is better situated in the future to address the temporary disruption of retail fuel supplies. S 2. Section 192-h of the agriculture and markets law, as added by section 2 of part S of chapter 58 of the laws of 2013, is amended to read as follows: S 192-h. Alternate generated power source at retail gasoline outlets. 1. Definitions. When used in this section: (a) "Alternate generated power source" means electric generating equipment that is of a capacity that is capable of providing adequate electricity to operate all dispensers, dispensing equipment, life safety systems and payment-acceptance equipment located at a retail outlet and which can operate independent of the local electric utility distribution system and provide electricity during a general power outage or declared energy or fuel supply emergency to operate the systems named herein. (b) "Chain of retail outlets" means a network of subsidiaries or affiliates, under direct or indirect common control, that operate ten or more retail outlets located in a single downstate region; provided, however that this term does not include any franchisor of the brand of motor fuel being sold at such outlet, except if such franchisor owns such outlet. (c) "Controlled access highway" means every highway, street, or road- way in respect to which owners or occupants of abutting lands and other persons have no legal right of access to or from the same except at such points only and in such manner as may be determined by the public authority having jurisdiction over such highway, street, or roadway. (d) "Diesel motor fuel" means any fuel sold in this state and for use in diesel engines which is commercially known or offered for sale as diesel motor fuel. (e) "Dispenser" means a device located at a retail outlet that is used to pump motor fuel from an above-ground or underground storage tank into a motor vehicle. (f) "Downstate region" means each of the following regions of the state: (i) Long Island region: Includes Nassau and Suffolk counties. S. 6357--A 47 A. 8557--A (ii) Lower Mid-Hudson region: Includes Rockland and Westchester coun- ties. (iii) New York city region: Includes Bronx, Kings, New York, Queens and Richmond counties. (g) "Evacuation route" means those roads designated by each county, AND RECOGNIZED BY THE STATE, that are to be used by motorists in case of a hurricane or other natural disaster. (h) "Franchisor" means a person or company that grants a franchise to a franchisee. (i) "Gasoline" means any fuel sold in this state for use in internal combustion engines which is commercially known or offered for sale as gasoline, whether or not blended with ethanol or other chemicals. (j) "Motor fuel" means any petroleum product, including any gasoline or diesel motor fuel, which is used for the propulsion of motor vehi- cles. (k) "Retailer" means any person who owns, operates, or controls a retail outlet that is subject to the requirements of subdivision two of this section. (l) "Retail outlet" means a facility, including all land, improvements and associated structures and equipment, that dispenses motor fuel for sale to the general public. (M) "STRATEGIC UPSTATE HIGHWAYS" MEANS THE FOLLOWING: (I) I-87 BEGINNING AT THE ROCKLAND-ORANGE COUNTY LINE THENCE NORTHERLY PASSING THROUGH OR IN THE VICINITY OF ALBANY TO THE INTERSECTION WITH I-90, THE FOREGOING ROUTE BEING A PORTION OF THE NEW YORK STATE THRUWAY; THENCE CONTINUING NORTHERLY TO THE NEW YORK-CANADA BORDER; (II) I-90 BEGINNING AT I-87 IN THE VICINITY OF ALBANY THENCE WESTERLY PASSING THROUGH OR IN THE VICINITY OF SCHENECTADY, UTICA, SYRACUSE, ROCHESTER, AND BUFFALO; THENCE CONTINUING SOUTHWESTERLY TO THE NEW YORK-PENNSYLVANIA BORDER, THE FOREGOING ROUTE BEING A PORTION OF THE NEW YORK STATE THRUWAY; (III) THE BERKSHIRE SECTION OF THE NEW YORK STATE THRUWAY BEGINNING AT I-87 THENCE EASTERLY TO THE INTERSECTION WITH I-90 AND CONTINUING ON I-90 TO THE NEW YORK-MASSACHUSETTS BORDER; (IV) I-84 BEGINNING AT THE NEW YORK-NEW JERSEY BORDER THENCE EASTERLY PASSING THROUGH OR IN THE VICINITY OF NEWBURGH, THENCE CONTINUING EAST- ERLY AND SOUTHEASTERLY TO THE NEW YORK-CONNECTICUT BORDER; (V) I-88 BEGINNING AT I-81 IN THE VICINITY OF BINGHAMTON THENCE NORTHEASTERLY TO I-90 IN THE VICINITY OF SCHENECTADY; (VI) I-86/STATE ROUTE 17 BEGINNING AT I-87 IN THE VICINITY OF WOODBURY THENCE WESTERLY AND NORTHWESTERLY PASSING THROUGH OR IN THE VICINITY OF BINGHAMTON, ELMIRA, AND JAMESTOWN, CONTINUING TO THE NEW YORK-PENNSYLVA- NIA BORDER; (VII) I-81 BEGINNING AT THE NEW YORK-PENNSYLVANIA BORDER THENCE NORTH- ERLY PASSING THROUGH OR IN THE VICINITY OF SYRACUSE AND WATERTOWN, CONTINUING TO THE NEW YORK-CANADA BORDER; (VIII) I-390 BEGINNING AT I-86 IN THE VICINITY OF AVOCA THENCE NORTHWESTERLY AND NORTHERLY IN I-490 IN THE VICINITY OF ROCHESTER; AND (IX) I-190 BEGINNING AT I-90 IN THE VICINITY OF BUFFALO, THENCE WESTERLY, NORTHWESTERLY, AND NORTHERLY THROUGH BUFFALO, ACROSS GRAND ISLAND, THE FOREGOING ROUTE BEING A PORTION OF THE NEW YORK STATE THRU- WAY, AND THENCE GENERALLY WESTERLY TO THE UNITED STATES-CANADA BORDER IN THE VICINITY OF LEWISTON. (N) "UPSTATE REGION" MEANS ANY COUNTY OF THE STATE THAT IS NOT PART OF THE DOWNSTATE REGION. S. 6357--A 48 A. 8557--A 2. Prewiring and transfer switch. (a) Retail outlets in the downstate region shall be prewired with an appropriate transfer switch for using an alternate generated power source at such retail outlets as follows: (i) each retail outlet in operation on the effective date of this section that is located within one-half mile by road measurement from an exit road on a controlled access highway or from an evacuation route shall be prewired by no later than April first, two thousand fourteen; (ii) each retail outlet beginning operation after the effective date of this section and before April first, two thousand fourteen that is located within one-half mile by road measurement from an exit road on a controlled access highway or from an evacuation route shall be prewired by no later than April first, two thousand fifteen; (iii) each retail outlet that is located within one-half mile by road measurement from an evacuation route that is designated as such after the effective date of this section or within one-half mile by road meas- urement from an exit road that is established after the effective date of this section shall be prewired within one year of such designation or establishment provided that funding is available at such time for the program established under subdivision twenty of section eighteen hundred fifty-four of the public authorities law; and (iv) thirty percent of all retail outlets that are part of a chain of retail outlets, exclusive of those included in subparagraphs (i), (ii) and (iii) of this paragraph, shall be prewired by no later than August first, two thousand fifteen, provided, however, in the case of an exist- ing retail outlet that becomes part of a chain of retail outlets after the effective date of this section and that has been designated by the chain as an outlet comprising such thirty percent, by no later than August first, two thousand fifteen or one year after becoming part of such chain, whichever is later, and provided further, in the case of a retail outlet that is part of a chain of retail outlets, is part of such thirty percent and is subject to paragraph (b) of this subdivision as required in paragraph (b) of this subdivision. (A-1) RETAIL OUTLETS IN THE UPSTATE REGION SHALL BE PREWIRED WITH AN APPROPRIATE TRANSFER SWITCH FOR USING AN ALTERNATE GENERATED POWER SOURCE AT SUCH RETAIL OUTLETS AS FOLLOWS: (I) EACH RETAIL OUTLET IN OPERATION ON THE EFFECTIVE DATE OF THIS PARAGRAPH THAT IS LOCATED ON A STRATEGIC UPSTATE HIGHWAY OR WITHIN ONE- HALF MILE BY ROAD MEASUREMENT FROM AN EXIT ROAD ON A STRATEGIC UPSTATE HIGHWAY OR FROM AN EVACUATION ROUTE SHALL BE PREWIRED BY NO LATER THAN APRIL FIRST, TWO THOUSAND FIFTEEN; (II) EACH RETAIL OUTLET BEGINNING OPERATION AFTER THE EFFECTIVE DATE OF THIS PARAGRAPH AND BEFORE APRIL FIRST, TWO THOUSAND FIFTEEN THAT IS LOCATED ON A STRATEGIC UPSTATE HIGHWAY OR WITHIN ONE-HALF MILE BY ROAD MEASUREMENT FROM AN EXIT ROAD ON A STRATEGIC UPSTATE HIGHWAY OR FROM AN EVACUATION ROUTE SHALL BE PREWIRED BY NO LATER THAN APRIL FIRST, TWO THOUSAND SIXTEEN; AND (III) EACH RETAIL OUTLET THAT IS LOCATED WITHIN ONE-HALF MILE BY ROAD MEASUREMENT FROM AN EVACUATION ROUTE THAT IS DESIGNATED AS SUCH AFTER THE EFFECTIVE DATE OF THIS SECTION OR ON A STRATEGIC UPSTATE HIGHWAY OR WITHIN ONE-HALF MILE BY ROAD MEASUREMENT FROM AN EXIT ROAD ON A STRATE- GIC UPSTATE HIGHWAY THAT IS ESTABLISHED AFTER THE EFFECTIVE DATE OF THIS PARAGRAPH SHALL BE PREWIRED WITHIN ONE YEAR OF SUCH DESIGNATION OR ESTABLISHMENT PROVIDED THAT FUNDING IS AVAILABLE AT SUCH TIME FOR THE PROGRAM ESTABLISHED UNDER SUBDIVISION TWENTY OF SECTION EIGHTEEN HUNDRED FIFTY-FOUR OF THE PUBLIC AUTHORITIES LAW. S. 6357--A 49 A. 8557--A (b) Each retail outlet for which a building permit is issued on or after April first, two thousand fourteen for new construction or for substantial demolition and reconstruction, shall be prewired with an appropriate transfer switch for using an alternate generated power source. (c) Such transfer switch and all associated electrical wiring shall be installed, operated, and maintained in compliance with all applicable provisions of the New York state uniform fire prevention and building code or any applicable local building code or standard. Installation of appropriate wiring and transfer switches shall be performed by a licensed electrical contractor. (d) Each retailer shall keep on file at the retail outlet a written statement in a form approved by the department and containing an attes- tation by a licensed electrician that the wiring and transfer switch were installed in accordance with the manufacturer's specifications. In addition, each such retailer shall maintain the wiring and transfer switch in accordance with the manufacturer's specifications. (e) Each retail outlet IN THE DOWNSTATE REGION in operation on the effective date of this section that sold less than seventy-five thousand gallons of motor fuel per month on average for the period they were in operation during the twelve months prior to the effective date shall be exempt from the requirements of this subdivision. 3. Emergency deployment. In the event that a declaration of an energy or fuel supply emergency issued by the governor, the county executive of a county [in the downstate region] CONTAINING RETAIL OUTLETS SUBJECT TO THE PROVISIONS OF THIS SECTION or the mayor of a city with a population in excess of one million inhabitants is in effect, a retailer of a retail outlet within any such county or city for which such declaration was issued shall deploy and install an alternate generated power source as follows: (a) For a retail outlet subject to the requirements of: (i) PARAGRAPH (A-1) OF SUBDIVISION TWO OF THIS SECTION OR subparagraphs (i), (ii) or (iii) of paragraph (a) of subdivision two of this section or (ii) para- graph (b) of subdivision two of this section that is located in the downstate region and that is located within one-half mile by road meas- urement from an exit road on a controlled access highway or from an evacuation route, within twenty-four hours of such declaration, if such outlet is without power at the time of such declaration. Provided, however, if any such outlet loses power following such declaration and while the declaration is still in effect, then the alternate generated power source shall be deployed and installed within twenty-four hours of such loss of power. (b) For a retail outlet prewired pursuant to the requirements of subparagraph (iv) of paragraph (a) of subdivision two of this section, within forty-eight hours of such declaration, if such outlet is without power at the time of such declaration. Provided, however, if any such outlet loses power following such declaration and while the declaration is still in effect, then the alternate generated power source shall be deployed and installed within forty-eight hours of the loss of power. 3-a. Declaration of energy or fuel supply emergency. Upon issuance of a declaration of an energy or fuel supply emergency pursuant to this subdivision, a county executive of a county [in the downstate region] WHOSE RETAIL OUTLETS ARE SUBJECT TO THE PROVISIONS OF THIS SECTION or mayor of a city with a population in excess of one million inhabitants who declared such emergency shall promptly notify the president of the New York state energy research and development authority, the commis- S. 6357--A 50 A. 8557--A sioner of homeland security and emergency services, and impacted resi- dents using such means as are practicable and efficient. 4. Plan for alternate generated power source. Each retailer subject to subdivision three of this section shall by the date of the installation of the prewiring and transfer switch required under subdivision two of this section have in place at each applicable retail outlet documenta- tion in a form approved by the department demonstrating a plan to deploy and install an alternate generated power source located at such retail outlet as required under subdivision three of this section. Such plan shall take one of the following forms: (a) a receipt or other documentation showing ownership of such power source; (b) for a retailer subject to paragraph (a) of subdivision three of this section, documentation attesting to participation in the program established under subdivision twenty-one of section eighteen hundred fifty-four of the public authorities law; or (c) a contract with a supplier of such power source providing for deployment and installation of such power source in compliance with the requirements of this section, or other documentation demonstrating the retailer's ability to comply with the requirements of this section, which may include the generator deployment and installation plan of a chain of retail outlets. 5. Inspection; recordkeeping; reporting. The commissioner or the commissioner's designee shall be authorized to enter during regular business hours upon a retail outlet subject to the requirements of subdivision two of this section for the purpose of determining compli- ance with the provisions of this section and any rules or regulations promulgated hereunder. All documents required pursuant to subdivisions two and four of this section shall be maintained at the applicable retail outlet and made available to the commissioner or the commission- er's designee upon request. In addition, each retailer of a retail outlet, except for retail outlets granted exemptions under paragraph (e) of subdivision two of this section, shall provide to the department by [April first, two thousand fourteen] THE DATE OF THE INSTALLATION OF THE PREWIRING AND TRANSFER SWITCH REQUIRED UNDER SUBDIVISION TWO OF THIS SECTION and every two years thereafter written documentation in a form approved by the department certifying that such retail outlet is in compliance with the requirements of this section, and any other require- ment specified by any rules or regulations promulgated hereunder; provided, however, that, for each retail outlet that is part of a chain of retail outlets or to which subparagraph (ii) or (iii) of paragraph (a), SUBPARAGRAPH (III) OF PARAGRAPH (A-1) or paragraph (b) of subdivi- sion two applies, such written documentation shall be provided to the department within ten days after the date of installation of the prewir- ing and transfer switch required to be installed under subdivision two of this section and every two years thereafter. 6. Rules and regulations; notification of applicability. The commis- sioner shall have the authority, with the assistance of the commissioner of transportation, the commissioner of homeland security and emergency services, the president of the New York state energy research and devel- opment authority, the secretary of state and the chair of the public service commission, to promulgate such rules and regulations as the commissioner shall deem necessary to effectuate the purposes of this section. The commissioner shall by June first, two thousand thirteen: (a) notify by first class mail all existing retail outlets that appear to meet the criteria specified in subdivision two of this section of the S. 6357--A 51 A. 8557--A requirements of this section and include with such notification any other information deemed necessary by the commissioner, including infor- mation regarding applicability criteria, compliance measures and poten- tial grant assistance; (b) provide a list of all such retail outlets to the governor, the temporary president of the senate and the speaker of the assembly; and (c) post such list on the department's website, PROVIDED HOWEVER THAT FOR RETAIL OUTLETS SUBJECT TO PARAGRAPH (A-1) OF SUBDIVISION TWO OF THIS SECTION, SUCH ACTIONS SHALL OCCUR BY JUNE FIRST, TWO THOUSAND FOURTEEN. If approval of federal mitigation funds or other approved resources for the program established under subdivision twenty of section eighteen hundred fifty-four of the public authorities law occurs after June first, two thousand thirteen, the commissioner shall provide additional notification of such approval within thirty days. Any retailer of a retail outlet specified on such list shall be subject to the requirements of this section unless he or she provides written documentation to the department by August first, two thousand thirteen proving that such outlet does not qualify, or is eligible for an exemption pursuant to paragraph (e) of subdivision two of this section; PROVIDED HOWEVER THAT FOR RETAIL OUTLETS SUBJECT TO PARAGRAPH (A-1) OF SUBDIVISION TWO OF THIS SECTION, ANY RETAILER OF A RETAIL OUTLET SPECI- FIED ON SUCH LIST SHALL BE SUBJECT TO THE REQUIREMENTS OF THIS SECTION UNLESS HE OR SHE PROVIDES WRITTEN DOCUMENTATION TO THE DEPARTMENT BY AUGUST FIRST, TWO THOUSAND FOURTEEN PROVING THAT SUCH OUTLET DOES NOT QUALIFY. The commissioner shall update such list every five years ther- eafter, OR MORE FREQUENTLY AS THE COMMISSIONER DEEMS NECESSARY, and notify all new retail outlets that become subject to the requirements of this section; provided, however, that compliance with the requirements of this section is not conditioned on such notification. 7. Violations and penalties. Any retailer who violates any provision of this section, or any rule or regulation promulgated hereunder, shall be liable to the people of the state for a civil penalty of up to one thousand five hundred dollars per day for every such violation, to be assessed by the commissioner, after a hearing or opportunity to be heard upon due notice and with the right to representation by counsel. In determining the amount of civil penalty, the commissioner shall take into consideration mitigating factors, such as the availability of gaso- line at the retail outlet, provided that the retailer did not refuse such delivery, and the extent to which the retailer's action or inaction contributed to the violation. Such penalty may be recovered in an action brought by the attorney general at the request and in the name of the commissioner in any court of competent jurisdiction. Such civil penalty may be released or compromised by the commissioner before the matter has been referred to the attorney general. Additionally, after such hearing and a finding that such retailer has violated the provisions of this section, or of any rule or regulation promulgated thereunder, the commissioner may issue and cause to be served upon such person an order enjoining such person from violating such provisions and taking all necessary actions for such person to come into compliance with such provisions. Any such order of the commissioner may be enforced in an action brought by the attorney general at the request and in the name of the commissioner in any court of competent jurisdiction. Notwithstanding the foregoing, such retailer shall not be in violation of subdivision three of this section if he or she is unable to deploy, install or operate an alternate generated power source because of uncon- trollable circumstances, including but not limited to, restrictions imposed by public safety officers to address an emergency situation or S. 6357--A 52 A. 8557--A that such retail station is made unsafe or unable to operate due to acts of God, fires, floods, explosions or the safety of personnel needed to operate such retail outlet. Additionally, such retailer shall not be in violation of subdivision three of this section if he or she is a partic- ipant in the program established under subdivision twenty-one of section eighteen hundred fifty-four of the public authorities law and a genera- tor is not provided to the retailer due to the prioritization allowed under such subdivision or through no fault of the retailer. 8. This section shall not be construed to require any retailer to maintain set business hours in the event of an energy or fuel supply emergency. 9. The provisions of this section shall supersede all local laws or ordinances in the downstate region AND IN COUNTIES IN THE UPSTATE REGION WHOSE RETAIL OUTLETS ARE SUBJECT TO THE PROVISIONS OF THIS SECTION relating to the installation and deployment of an alternate generated power source or any related electrical or other equipment at any retail outlet. 10. The requirements of this section shall be contingent on the approval of federal mitigation funds or other approved resources for the program established under subdivision twenty of section eighteen hundred fifty-four of the public authorities law. In the event such approval does not occur as of June first, two thousand thirteen, all deadlines with a date of April first, two thousand fourteen shall be delayed by the amount of time such approval is delayed past June first, two thou- sand thirteen. S 3. Subdivisions 20 and 21 of section 1854 of the public authorities law, as added by section 3 of part S of chapter 58 of the laws of 2013, are amended to read as follows: 20. To administer a program, using funds provided for such purpose, to provide a grant based on standards and guidelines established by the authority for costs as follows: (a) for each retail outlet that is in operation before April first, two thousand fourteen and is subject to the requirements of paragraph (a) of subdivision three of section one hundred ninety-two-h of the agriculture and markets law AND FOR EACH RETAIL OUTLET THAT IS IN OPERA- TION BEFORE APRIL FIRST, TWO THOUSAND FIFTEEN AND IS SUBJECT TO THE REQUIREMENTS OF PARAGRAPH (A-1) OF SUBDIVISION TWO OF SECTION ONE HUNDRED NINETY-TWO-H OF THE AGRICULTURE AND MARKETS LAW: (i) no greater than ten thousand dollars required to prewire such retail outlet with an appropriate transfer switch for using an alternate generated power source as defined in section one hundred ninety-two-h of the agriculture and markets law; or (ii) no greater than thirteen thousand dollars required to prewire such retail outlet with an appropriate transfer switch for using an alternate generated power source as defined in section one hundred nine- ty-two-h of the agriculture and markets law and purchase such power source to be permanently affixed at the site. (b) for each retail outlet that is in operation before April first, two thousand fourteen and is subject to the requirements of paragraph (b) of subdivision three of section one hundred ninety-two-h of the agriculture and markets law, no greater than ten thousand dollars required to: (i) prewire an existing retail outlet with an appropriate transfer switch for using an alternate generated power source as defined in section one hundred ninety-two-h of the agriculture and markets law; and/or (ii) purchase such power source to be permanently affixed at the site. S. 6357--A 53 A. 8557--A (c) to the extent funds are available, for retail outlets that become operational on or after April first, two thousand fourteen, or to which subdivision two of section one hundred ninety-two-h of the agriculture and markets law becomes applicable after the effective date of this subdivision, which grants shall otherwise be subject to the same amounts, purposes and restrictions as paragraphs (a) and (b) of this subdivision. The authority may offer any funds provided for such purpose and not expended to retail outlets that are not required to comply with the requirements of subdivision two of section one hundred ninety-two-h of the agriculture and markets law but that seek to participate in such program. 21. To administer a program to establish a pool of generators for retail outlets as defined in section one hundred ninety-two-h of the agriculture and markets law. The authority may enter into or facilitate contracts, lease agreements and any other instruments subject to the provisions of law, with companies providing generators and generator services to provide for such pool and the deployment and installation of generators in the pool. Retail outlets that elect to participate in the program and are subject to the requirements of PARAGRAPH (A-1) OF SUBDI- VISION TWO OR paragraph (a) of subdivision three of section one hundred ninety-two-h of the agriculture and markets law shall be required only to pay the actual cost of generator rental, deployment and installation in the event that emergency deployment is required, provided, that a participant must abide by the terms of any contract or written agreement covering the rental, deployment and installation of such generator. In the event that an insufficient number of generators is available to meet required emergency deployment, the authority in consultation with the commissioner of homeland security and emergency services shall prior- itize such retail outlets as are most essential to public safety and well-being during the energy or fuel supply emergency. When generators from such program are deployed, the authority shall provide public notice on its website, to the media and through other means practicable of those retail outlets where generators are deployed. S 4. This act shall take effect immediately. PART N Section 1. Section 2 of chapter 21 of the laws of 2003, amending the executive law relating to permitting the secretary of state to provide special handling for all documents filed or issued by the division of corporations and to permit additional levels of such expedited service, as amended by section 1 of part P of chapter 58 of the laws of 2013, is amended to read as follows: S 2. This act shall take effect immediately, provided however, that section one of this act shall be deemed to have been in full force and effect on and after April 1, 2003 and shall expire March 31, [2014] 2015. S 2. This act shall take effect immediately and shall be deemed to have been in full force and effect on and after March 31, 2014. PART O Section 1. Paragraph (g) of section 104 of the business corporation law, as amended by chapter 375 of the laws of 1998, is amended to read as follows: S. 6357--A 54 A. 8557--A (g) The department shall make, certify and transmit ELECTRONICALLY a copy of each such instrument to the clerk of the county in which the office of the domestic or foreign corporation is or is to be located. The county clerk shall file and index such copy. S 2. Paragraph (g) of section 104 of the not-for-profit corporation law, as amended by chapter 375 of the laws of 1998, is amended to read as follows: (g) The department shall make, certify and transmit ELECTRONICALLY a copy of each such instrument to the clerk of the county in which the office of the domestic or foreign corporation is or is to be located. The county clerk shall file and index such copy. S 3. This act shall take effect immediately. PART P Section 1. Subdivision 2 of section 160-f of the executive law, as amended by chapter 397 of the laws of 1991, is amended to read as follows: 2. Notwithstanding any other law, the department may transmit an annu- al registry fee [of not more than twenty-five dollars] AS SET BY THE FEDERAL APPRAISAL SUBCOMMITTEE IN ACCORDANCE WITH 12 U.S.C. 3338 (A)(4)(A) from such individuals who perform or seek to perform appraisals in federally related transactions and to transmit a roster of such individuals to the Appraisal Subcommittee of the Federal Financial Institutions Examination Council as required by Title XI of the Finan- cial Institutions Reform, Recovery, and Enforcement Act of 1989. S 2. This act shall take effect immediately. PART Q Section 1. Notwithstanding any other law, rule or regulation to the contrary, expenses of the department of health public service education program incurred pursuant to appropriations from the cable television account of the state miscellaneous special revenue funds shall be deemed expenses of the department of public service. S 2. This act shall take effect immediately and shall be deemed to have been in full force and effect on and after April 1, 2014. PART R Section 1. Section 5 of the public service law is amended by adding a new subdivision 7 to read as follows: 7. (A) THE COMMISSION MAY, AFTER NOTICE AND HEARING, FORBEAR FROM APPLYING THE PROVISIONS OF SUBDIVISION TWO OF SECTION NINETY-ONE AND SECTION NINETY-TWO, NINETY-NINE, ONE HUNDRED, ONE HUNDRED ONE OR ONE HUNDRED ONE-A OF THIS CHAPTER TO A TELEPHONE CORPORATION, TELEPHONE SERVICE, OR CLASS OF TELEPHONE CORPORATIONS OR TELEPHONE SERVICES AS DEFINED IN COMMISSION REGULATIONS, IN ANY GEOGRAPHIC MARKET UPON A DETERMINATION THAT: (I) APPLICATION OF A PROVISION IS NOT NECESSARY TO ENSURE JUST AND REASONABLE RATES AND CHARGES AND RATES THAT ARE NOT UNJUSTLY OR UNREA- SONABLY DISCRIMINATORY; (II) APPLICATION OF A PROVISION IS NOT NECESSARY FOR PROTECTION OF CONSUMERS; AND S. 6357--A 55 A. 8557--A (III) FORBEARANCE FROM APPLYING A PROVISION IS CONSISTENT WITH THE PUBLIC INTEREST, INCLUDING, BUT NOT LIMITED TO, PROMOTION OF COMPETITIVE MARKET CONDITIONS AND COMPETITION AMONG PROVIDERS OF TELEPHONE SERVICES. (B) ANY TELEPHONE CORPORATION OR SUCH CLASS OF TELEPHONE CORPORATIONS MAY PETITION THE COMMISSION FOR EXERCISE OF THE AUTHORITY GRANTED UNDER THIS SUBDIVISION. S 2. Paragraph (d) of subdivision 5 of section 52 of the public service law, as added by chapter 186 of the laws of 1995, is amended to read as follows: (d) when such determination follows a customer complaint regarding a shared meter condition or a utility discovery of a shared meter condi- tion that is not in response to an owner's request for a utility inspection for a shared meter condition, with respect to utility service billed after December first, nineteen hundred ninety-six, the utility shall comply with the provisions of paragraphs (a), (b) and (c) of this subdivision, and further bill the owner and refund to the shared meter customer an estimated amount of THE charges for [twelve months] TWENTY- FIVE PERCENT of all service measured by the shared meter FOR TWELVE MONTHS; provided, however, that this paragraph shall not apply to a shared meter condition if service measured through the shared meter is minimal under commission rules adopted pursuant to subdivision eight of this section[. An owner so billed] OR IN THE EVENT AN OWNER, PURSUANT TO SUBPARAGRAPH (I) OF PARAGRAPH (B) OF SUBDIVISION TWO OF THIS SECTION, IS EXCUSED FROM CORRECTING THE SHARED METER CONDITION BY A LEGAL PROHIBI- TION OR EXORBITANT COST AS DEFINED BY COMMISSION RULES ADOPTED PURSUANT TO SUBDIVISION EIGHT OF THIS SECTION. A SHARED METER CUSTOMER may peti- tion the commission or its designee for a determination that the amount of such [bill is excessive] ASSESSMENT IS UNSATISFACTORY and that such bill and refund be adjusted [accordingly]; provided, however, [neither the adjusted bill nor] THAT the adjusted refund shall [be less than twenty-five percent of] NOT EXCEED the total amount of the original bill. [The commission is authorized to make such a determination and adjustment if it finds that a bill and refund of twelve months' charges is unduly burdensome and unfair.] In making such determination the commission or its designee shall consider the total amount of the bill and refund in relation to the shared area charges over such twelve month period and any other equitable factors established by the commission; and S 3. Section 221 of the public service law, as added by chapter 83 of the laws of 1995, is amended to read as follows: S 221. Certificate of confirmation. 1. Except as provided in this section, no person shall exercise a franchise, and no such franchise shall be effective, [until the commission has confirmed such franchise. A person wishing to exercise a franchise shall file with the commission an application for a certificate of confirmation in such form and containing such information and supportive documentation as the commis- sion may require. The application shall be accompanied by proof of service thereof upon the franchisor and by such fee as the commission may set] UNLESS A COPY OF SUCH FRANCHISE HAS BEEN APPROVED BY THE MUNI- CIPALITY, AND PROPERLY FILED WITH THE COMMISSION WITHIN THIRTY DAYS OF MUNICIPAL APPROVAL. SUCH FRANCHISE SHALL BE SUBJECT, AT A MINIMUM, TO THE FRANCHISING STANDARDS SET FORTH IN THIS ARTICLE AND THE RULES AND REGULATIONS PROMULGATED THEREUNDER BY THE COMMISSION. 2. A FRANCHISE SHALL BE DEEMED GRANTED FORTY-FIVE DAYS AFTER THE FRAN- CHISE IS FILED PURSUANT TO SUBDIVISION ONE OF THIS SECTION UNLESS THE COMMISSION, OR ITS DESIGNEE, DETERMINES WITHIN SUCH FORTY-FIVE DAY PERI- S. 6357--A 56 A. 8557--A OD THAT THE PUBLIC INTEREST REQUIRES THE COMMISSION'S REVIEW AND WRITTEN ORDER. [2.] 3. The commission may hold a public hearing on any application for a certificate of confirmation if it determines that such a hearing is in the public interest. The commission shall fix the time and place for such a hearing and cause notice thereof to be given to the appli- cant, the chief executive officer of the municipality issuing the fran- chise and such other persons as the commission may deem appropriate. Testimony may be taken and evidence received at such a hearing pursuant to such rules and procedures as the commission may establish. [3.] 4. [The commission shall issue a] A certificate of confirmation of the franchise [unless it finds that (a) the applicant, (b) the proposed cable television system, or (c) the proposed franchise does not conform to the standards established in the regulations promulgated by the commission pursuant to subdivision two of section two hundred fifteen, or that operation of the proposed cable television system by the applicant under the proposed cable television system by the appli- cant under the proposed franchise would be in violation of law, any regulation or standard promulgated by the commission or the public interest.] SHALL BE DEEMED CONFIRMED FORTY-FIVE DAYS AFTER THE FRANCHISE IS FILED PURSUANT TO SUBDIVISION ONE OF THIS SECTION UNLESS THE COMMIS- SION, OR ITS DESIGNEE, DETERMINES WITHIN SUCH FORTY-FIVE DAY PERIOD THAT THE PUBLIC INTEREST REQUIRES THE COMMISSION'S REVIEW AND WRITTEN ORDER. [4.] 5. The commission may issue a certificate of confirmation contin- gent upon compliance with standards, terms or conditions set by the commission which it determines would not have been met by the applicant, system or franchise as proposed. [5.] 6. In the event the commission refuses to issue a certificate of confirmation, it shall set forth in writing the reasons for its deci- sion. [6. Any cable television company which, pursuant to any existing fran- chise, (i) was lawfully engaged in actual operations for (ii) had commenced substantial construction (as such term is defined by the commission) of a cable television system on January first, nineteen hundred seventy-two may continue to exercise said franchise pursuant to the terms thereof, provided such company files with the commission, on or before July first, nineteen hundred seventy-three an application in such form and containing such information and supporting documentation as the commission may require. The commission shall issue a certificate of confirmation to such a cable television company valid for five years without further proceedings, which certificate may be renewed by the commission on application for five year terms pursuant to the provisions of section two hundred twenty-two. 7. Notwithstanding any other provisions of this article, any cable television company engaged in actual and lawful nonfranchised cable television operations on April first, nineteen hundred seventy-three, that applied for a certificate of confirmation on or before September first, nineteen hundred seventy-four and received a certificate, valid for a five year period, may continue to operate within the limits of the area in which it was actually rendering service on April first, nineteen hundred seventy-three, as determined by the commission. Such a certif- icate of confirmation may be renewed by the commission on application for five year terms pursuant to the provisions of section two hundred twenty-two of this article. Any such company which failed to file an application pursuant to this section on or before September first, nine- teen hundred seventy-four, shall thereafter be prohibited from continu- S. 6357--A 57 A. 8557--A ing operation of a nonfranchised cable television system, provided however, that the commission may authorize such continued nonfranchised operation in extraordinary circumstances for such periods as the commis- sion may deem appropriate. 8. Nothing in this section shall be deemed to validate a franchise not granted in accordance with law or affect any claims in litigation on January first, nineteen hundred seventy-three. No confirmation under this section shall preclude invalidation of any franchise illegally obtained. 9.] 7. Confirmation by the commission and duties performed by the commission with respect to its regulation of cable television providers under this article shall not be deemed to constitute "supervision of the state department of public service" for the purpose of the meaning of such phrase as it is used in describing those utilities which are subject to tax on a gross income basis under section one hundred eight- y-six-a of the tax law or pursuant to section twenty-b of the general city law and subdivision one of section [five hundred thirty] 5-530 of the village law. S 4. Section 222 of the public service law is REPEALED and a new section 222 is added to read as follows: S 222. RENEWAL OR AMENDMENT OF FRANCHISES. 1. EXCEPT AS PROVIDED IN THIS SECTION, NO PERSON SHALL RENEW OR AMEND A FRANCHISE RENEWAL, AND NO SUCH RENEWAL OR AMENDMENT SHALL BE EFFECTIVE, UNLESS A COPY OF SUCH RENEWAL OR AMENDMENT HAS BEEN APPROVED BY THE MUNICIPALITY, AND PROPERLY FILED WITH THE COMMISSION WITHIN THIRTY DAYS OF MUNICIPAL APPROVAL. SUCH RENEWAL OR AMENDMENT SHALL BE SUBJECT, AT A MINIMUM, TO THE FRANCHISING STANDARDS SET FORTH IN THIS ARTICLE AND THE RULES AND REGULATIONS PROMULGATED THEREUNDER BY THE COMMISSION. 2. RENEWALS AND AMENDMENTS SHALL BE DEEMED GRANTED FORTY-FIVE DAYS AFTER THE RENEWAL OR AMENDMENT IS FILED PURSUANT TO SUBDIVISION ONE OF THIS SECTION UNLESS THE COMMISSION, OR ITS DESIGNEE, DETERMINES WITHIN SUCH FORTY-FIVE DAY PERIOD THAT THE PUBLIC INTEREST REQUIRES THE COMMIS- SION'S REVIEW AND WRITTEN ORDER. S 5. The public service law is amended by adding a new section 222-a to read as follows: S 222-A. TRANSFER OF FRANCHISES AND TRANSFER OF CONTROL OVER FRAN- CHISES AND SYSTEM PROPERTIES. 1. NO TRANSFER OF ANY FRANCHISE, OR ANY TRANSFER OF CONTROL OF A FRANCHISE OR CERTIFICATE OF CONFIRMATION OR OF FACILITIES CONSTITUTING A SIGNIFICANT PART OF ANY CABLE TELEVISION SYSTEM SHALL BE EFFECTIVE WITHOUT THE PRIOR APPROVAL OF THE COMMISSION. SUCH APPROVAL SHALL BE REQUIRED IN ADDITION TO ANY MUNICIPAL APPROVAL REQUIRED UNDER THE FRANCHISE OR BY LAW. FOR THE PURPOSES OF THIS SECTION, A MERGER OR CONSOLIDATION OF TWO OR MORE CABLE TELEVISION COMPANIES SHALL BE DEEMED TO BE A TRANSFER OF THE FRANCHISES OR CERTIF- ICATES GRANTED TO SUCH COMPANIES. 2. A PERSON WISHING TO TRANSFER A FRANCHISE, OR TO TRANSFER CONTROL OF A FRANCHISE OR OF A SUBSTANTIAL PART OF THE FACILITIES THEREOF SHALL FILE WITH THE COMMISSION AN APPLICATION FOR APPROVAL OF SUCH CHANGE, IN SUCH FORM AND CONTAINING SUCH INFORMATION AND SUPPORTING DOCUMENTS AS THE COMMISSION MAY REQUIRE. THE APPLICATION SHALL BE ACCOMPANIED BY PROOF OF SERVICE THEREOF UPON THE FRANCHISOR, IF ANY, AND BY SUCH FEE AS THE COMMISSION MAY SET. THE COMMISSION MAY HOLD A PUBLIC HEARING ON ANY SUCH APPLICATION. 3. THE COMMISSION SHALL APPROVE THE APPLICATION UNLESS IT FINDS THAT THE APPLICANT, THE PROPOSED TRANSFEREE OR THE CABLE TELEVISION SYSTEM DOES NOT CONFORM TO THE STANDARDS ESTABLISHED IN THE REGULATIONS PROMUL- S. 6357--A 58 A. 8557--A GATED BY THE COMMISSION PURSUANT TO THIS ARTICLE OR THAT APPROVAL WOULD BE IN VIOLATION OF LAW, ANY REGULATION OR STANDARD PROMULGATED BY THE COMMISSION OR THE PUBLIC INTEREST, PROVIDED HOWEVER, THAT A FAILURE TO CONFORM TO THE STANDARDS ESTABLISHED IN THE REGULATIONS PROMULGATED BY THE COMMISSION SHALL NOT PRECLUDE APPROVAL OF ANY SUCH APPLICATION IF THE COMMISSION FINDS THAT SUCH APPROVAL WOULD SERVE THE PUBLIC INTEREST. 4. THE COMMISSION MAY APPROVE THE APPLICATION CONTINGENT UPON COMPLI- ANCE WITH STANDARDS, TERMS OR CONDITIONS SET BY THE COMMISSION WHICH IT DETERMINES WOULD NOT HAVE BEEN MET BY THE PROPOSED TRANSFER OF A FRAN- CHISE. 5. IN THE EVENT THE COMMISSION REFUSES TO APPROVE THE APPLICATION, IT SHALL SET FORTH IN WRITING THE REASONS FOR ITS DECISION. 6. APPROVAL OF A TRANSFER OF A FRANCHISE UNDER THIS SECTION SHALL NOT PRECLUDE INVALIDATION OF A FRANCHISE ILLEGALLY OBTAINED. S 6. This act shall take effect immediately; provided, however, that sections three, four and five of this act shall apply to franchises filed on or after the date this act shall have become a law. PART S Section 1. Paragraphs (a) and (b) of subdivision 6 of section 18-a of the public service law, paragraph (a) as amended by section 1 of part BB of chapter 59 of the laws of 2013 and paragraph (b) as amended by section 2 of part A of chapter 173 of the laws of 2013, are amended to read as follows: (a) Notwithstanding any provision of law to the contrary, and subject to the exceptions provided for in paragraph (b) of this subdivision, for the state fiscal year beginning on April first, two thousand nine and eight state fiscal years thereafter, a temporary annual assessment (hereinafter "temporary state energy and utility service conservation assessment") is hereby imposed on public utility companies [(including for the purposes of this subdivision municipalities other than munici- palities as defined in section eighty-nine-l of this chapter)], corpo- rations (including for purposes of this subdivision the Long Island power authority), and persons subject to the commission's regulation (hereinafter such public utility companies, corporations, and persons are referred to collectively as the "utility entities") to encourage the conservation of energy and other resources provided through utility entities, to be assessed in the manner provided in this subdivision; provided, however, that such assessment shall not be imposed upon (1) A telephone [corporations as defined in subdivision seventeen of section two of this article] CORPORATION, AND (2) A WATER-WORKS CORPORATION; AND PROVIDED, FURTHER, THAT SUCH ASSESSMENT SHALL NOT BE IMPOSED UPON THE GROSS OPERATING REVENUES DERIVED FROM: (I) AN ELECTRIC CUSTOMER ACCOUNT WITH A MONTHLY PEAK DEMAND OF ONE THOUSAND KILOWATTS OR MORE IN THE LAST PRECEDING CALENDAR YEAR AS DETERMINED PURSUANT TO THE UTILITY ENTITY'S TARIFF, AND (II) A GAS CUSTOMER ACCOUNT WITH AN ANNUAL CONSUMPTION IN THE LAST PRECEDING CALENDAR YEAR OF ONE HUNDRED THOUSAND DEKATHERMS OR MORE AS DETERMINED PURSUANT TO THE UTILITY ENTITY'S TARIFF. (b) The temporary state energy and utility service conservation assessment shall APPLY ONLY TO THOSE CORPORATIONS AND GROSS OPERATING REVENUES NOT EXEMPTED IN PARAGRAPH (A) OF THIS SUBDIVISION AND SHALL be based upon the following percentum of the utility entity's gross operat- ing revenues derived from intrastate utility operations in the last preceding calendar year, minus the amount, if any, that such utility entity is assessed pursuant to subdivisions one and two of this section S. 6357--A 59 A. 8557--A for the corresponding state fiscal year period: (1) two percentum for the state fiscal year beginning April first, two thousand thirteen; [and] (2) 1.89 PERCENTUM FOR the state fiscal year beginning April first, two thousand fourteen; [(2) one and three-quarters] (3) 1.13 percentum for the state fiscal year beginning April first, two thousand fifteen; and [(3) one and one-half] (4) 0.83 percentum for the state fiscal year beginning April first, two thousand sixteen. A PAYMENT FOR SUCH ASSESSMENT RECEIVED BY A UTILITY ENTITY FOR THE STATE FISCAL YEAR BEGINNING APRIL FIRST, TWO THOUSAND FOURTEEN AND THEREAFTER FOR (I) ELECTRIC CUSTOMER ACCOUNTS WITH A MONTHLY PEAK DEMAND OF ONE THOUSAND KILOWATTS OR MORE IN THE LAST PRECEDING CALENDAR YEAR AS DETERMINED PURSUANT TO THE UTILITY ENTITY'S TARIFF, AND (II) GAS CUSTOMER ACCOUNTS WITH AN ANNUAL CONSUMPTION IN THE LAST PRECEDING CALENDAR YEAR OF ONE HUNDRED THOUSAND DEKATHERMS OR MORE AS DETERMINED PURSUANT TO THE UTILI- TY ENTITY'S TARIFF, SHALL BE CREDITED TO SUCH CUSTOMER BY THE UTILITY ENTITY, NO LESS FREQUENTLY THAN SEMI-ANNUALLY AND IN SUCH MANNER AND FORM AS MAY BE DETERMINED BY THE DEPARTMENT. With respect to the tempo- rary state energy and utility service conservation assessment to be paid for the state fiscal year beginning April first, two thousand seventeen and notwithstanding clause (i) of paragraph (d) of this subdivision, on or before March tenth, two thousand seventeen, utility entities shall make a payment equal to one-half of the assessment paid by such entities pursuant to this paragraph for the state fiscal year beginning on April first, two thousand sixteen. With respect to the Long Island power authority, the temporary state energy and utility service conservation assessment shall APPLY ONLY TO THE GROSS OPERATING REVENUES NOT EXEMPTED IN PARAGRAPH (A) OF THIS SUBDIVISION AND SHALL be based upon the follow- ing percentum of such authority's gross operating revenues derived from intrastate utility operations in the last preceding calendar year, minus the amount, if any, that such authority is assessed pursuant to subdivi- sions one-a and two of this section for the corresponding state fiscal year period: (1) one percentum for the state fiscal year beginning April first, two thousand thirteen; [and] (2) 0.95 PERCENTUM FOR the state fiscal year beginning April first, two thousand fourteen; [(2) three- quarters of one] (3) 0.54 percentum for the state fiscal year beginning April first, two thousand fifteen; and [(3) one-half] (4) 0.36 percentum for the state fiscal year beginning April first, two thousand sixteen; provided, however, that should the amount assessed by the department for costs and expenses pursuant to such subdivisions equal or exceed such authority's temporary state energy and utility service conservation assessment for a particular fiscal year, the amount to be paid under this subdivision by such authority shall be zero. A PAYMENT FOR SUCH ASSESSMENT RECEIVED FOR THE STATE FISCAL YEAR BEGINNING APRIL FIRST, TWO THOUSAND FOURTEEN AND THEREAFTER FOR ELECTRIC CUSTOMER ACCOUNTS WITH A MONTHLY PEAK DEMAND OF ONE THOUSAND KILOWATTS OR MORE IN THE LAST PRECEDING CALENDAR YEAR AS DETERMINED BY THE AUTHORITY'S TARIFF SHALL BE CREDITED TO SUCH CUSTOMER BY THE AUTHORITY, NO LESS FREQUENTLY THAN SEMI-ANNUALLY AND IN SUCH MANNER AND FORM AS MAY BE DETERMINED BY THE AUTHORITY, IN CONSULTATION WITH THE DEPARTMENT. With respect to the temporary state energy and utility service conservation assessment to be paid for the state fiscal year beginning April first, two thousand seventeen and notwithstanding clause (i) of paragraph (d) of this subdi- vision, on or before March tenth, two thousand seventeen, the Long Island power authority shall make a payment equal to one-half of the assessment it paid for the state fiscal year beginning on April first, two thousand sixteen. No corporation or person subject to the jurisdic- S. 6357--A 60 A. 8557--A tion of the commission only with respect to safety, or the power author- ity of the state of New York, shall be subject to the temporary state energy and utility service conservation assessment provided for under this subdivision. Utility entities whose gross operating revenues from intrastate utility operations are five hundred thousand dollars or less in the preceding calendar year shall not be subject to the temporary state energy and utility service conservation assessment. The minimum temporary state energy and utility service conservation assessment to be billed to any utility entity whose gross revenues from intrastate utili- ty operations are in excess of five hundred thousand dollars in the preceding calendar year shall be two hundred dollars. S 2. This act shall take effect immediately and shall be deemed to have been in full force and effect on and after April 1, 2014; provided, however, that the amendments to subdivision 6 of section 18-a of the public service law made by section one of this act shall not affect the repeal of such subdivision and shall be deemed to be repealed therewith. PART T Section 1. The opening paragraph of section 5102 of the insurance law is amended and a new subsection (n) is added to read as follows: In this [chapter] ARTICLE: (N) "PROVIDER OF HEALTH SERVICES" MEANS AN INDIVIDUAL OR ENTITY WHO OR THAT RENDERS OR HAS RENDERED HEALTH SERVICES. S 2. Section 5109 of the insurance law, as added by chapter 423 of the laws of 2005, is amended to read as follows: S 5109. Unauthorized providers of health services. (a) [The super- intendent, in consultation with the commissioner of health and the commissioner of education, shall by regulation, promulgate standards and procedures for investigating and suspending or removing the authori- zation for providers of health services to demand or request payment for health services as specified in paragraph one of subsection (a) of section five thousand one hundred two of this article upon findings reached after investigation pursuant to this section. Such regulations shall ensure the same or greater due process provisions, including notice and opportunity to be heard, as those afforded physicians inves- tigated under article two of the workers' compensation law and shall include provision for notice to all providers of health services of the provisions of this section and regulations promulgated thereunder at least ninety days in advance of the effective date of such regulations] AS USED IN THIS SECTION, "HEALTH SERVICES" MEANS SERVICES, SUPPLIES, THERAPIES, OR OTHER TREATMENTS AS SPECIFIED IN SUBPARAGRAPH (I), (II), OR (IV) OF PARAGRAPH ONE OF SUBSECTION (A) OF SECTION FIVE THOUSAND ONE HUNDRED TWO OF THIS ARTICLE. (b) [The commissioner of health and the commissioner of education shall provide a list of the names of all providers of health services who the commissioner of health and the commissioner of education shall deem, after reasonable investigation, not authorized to demand or request any payment for medical services in connection with any claim under this article because such] THE SUPERINTENDENT MAY PROHIBIT A provider of health services FROM DEMANDING OR REQUESTING PAYMENT FOR HEALTH SERVICES RENDERED UNDER THIS ARTICLE, FOR A PERIOD SPECIFIED BY THE SUPERINTENDENT, IF THE SUPERINTENDENT DETERMINES, AFTER NOTICE AND HEARING, THAT THE PROVIDER OF HEALTH SERVICES: (1) has ADMITTED TO, OR been FOUND guilty of, professional [or other] misconduct [or incompetency], AS DEFINED IN THE EDUCATION LAW, in S. 6357--A 61 A. 8557--A connection with [medical] HEALTH services rendered under this article; [or] (2) [has exceeded the limits of his or her professional competence in rendering medical care under this article or] has knowingly made a false statement or representation as to a material fact in any medical report made, OR DOCUMENT SUBMITTED, in connection with any claim under this article; or (3) solicited, or [has] employed another PERSON to solicit for [himself or herself] THE PROVIDER OF HEALTH SERVICES or [for] another INDIVIDUAL OR ENTITY, professional treatment, examination or care of [an injured] A person in connection with any claim under this article; [or] (4) [has] refused to appear before, or [to] answer ANY QUESTION upon request of, the [commissioner of health, the] superintendent[,] or any duly authorized officer of [the] THIS state, [any legal question,] or REFUSED to produce any relevant information concerning [his or her] THE conduct OF THE PROVIDER OF HEALTH SERVICES in connection with [rendering medical] HEALTH services RENDERED under this article; [or] (5) [has] engaged in [patterns] A PATTERN of billing for: (A) HEALTH services [which] ALLEGED TO HAVE BEEN RENDERED UNDER THIS ARTICLE, WHEN THE HEALTH SERVICES were not [provided.] RENDERED; OR (B) UNNECESSARY HEALTH SERVICES; (6) UTILIZED UNLICENSED PERSONS TO RENDER HEALTH SERVICES UNDER THIS ARTICLE, WHEN ONLY A PERSON LICENSED IN THIS STATE MAY RENDER THE HEALTH SERVICES; (7) UTILIZED LICENSED PERSONS TO RENDER HEALTH SERVICES, WHEN RENDER- ING THE HEALTH SERVICES IS BEYOND THE AUTHORIZED SCOPE OF THE PERSON'S LICENSE; (8) DIRECTLY OR INDIRECTLY CEDED OWNERSHIP OR CONTROL OF A BUSINESS ENTITY AUTHORIZED TO PROVIDE PROFESSIONAL HEALTH SERVICES IN THIS STATE, INCLUDING A PROFESSIONAL SERVICE CORPORATION, PROFESSIONAL LIMITED LIABILITY COMPANY, OR REGISTERED LIMITED LIABILITY PARTNERSHIP, TO A PERSON NOT LICENSED TO RENDER THE HEALTH SERVICES WHICH THE ENTITY IS LEGALLY AUTHORIZED TO PROVIDE, EXCEPT WHERE THE UNLICENSED PERSON'S OWNERSHIP OR CONTROL IS OTHERWISE PERMITTED BY LAW; (9) HAS BEEN CONVICTED OF OR PLED GUILTY TO ANY CRIME OR VIOLATION OF THE PENAL LAW IN CONNECTION WITH HEALTH SERVICES RENDERED UNDER THIS ARTICLE; (10) HAS BEEN CONVICTED OF A CRIME INVOLVING FRAUDULENT OR DISHONEST PRACTICES; OR (11) VIOLATED ANY PROVISION OF THIS ARTICLE OR REGULATIONS PROMULGATED THEREUNDER. (c) [Providers] A PROVIDER of health services shall [refrain from subsequently treating for remuneration, as a private patient, any person seeking medical treatment] NOT DEMAND OR REQUEST PAYMENT FROM THE PATIENT, ANY INSURER, OR ANY OTHER PERSON FOR ANY HEALTH SERVICES under this article [if such provider pursuant to this section has been prohib- ited from demanding or requesting any payment for medical services under this article. An injured claimant so treated or examined may raise this as] THAT ARE RENDERED DURING THE TERM OF THE PROHIBITION ORDERED BY THE SUPERINTENDENT PURSUANT TO SUBSECTION (B) OF THIS SECTION. THE PROHIBI- TION ORDERED BY THE SUPERINTENDENT MAY BE a defense in any action by [such] THE provider OF HEALTH SERVICES for payment for [treatment rendered at any time after such provider has been prohibited from demanding or requesting payment for medical services in connection with any claim under this article] SUCH HEALTH SERVICES. S. 6357--A 62 A. 8557--A (d) The [commissioner of health and the commissioner of education] SUPERINTENDENT shall maintain [and regularly update] a database contain- ing a list of providers of health services prohibited by this section from demanding or requesting any payment for health services [connected to a claim] RENDERED under this article and shall make [such] THE infor- mation available to the public [by means of a website and by a toll free number]. (e) THE SUPERINTENDENT MAY LEVY A CIVIL PENALTY NOT EXCEEDING TEN THOUSAND DOLLARS FOR EACH OFFENSE ON ANY PROVIDER OF HEALTH SERVICES THAT THE SUPERINTENDENT PROHIBITS FROM DEMANDING OR REQUESTING PAYMENT FOR HEALTH SERVICES PURSUANT TO SUBSECTION (B) OF THIS SECTION. ANY CIVIL PENALTY IMPOSED FOR A FRAUDULENT INSURANCE ACT AS DEFINED IN SECTION 176.05 OF THE PENAL LAW SHALL BE LEVIED PURSUANT TO ARTICLE FOUR OF THIS CHAPTER. (F) Nothing in this section shall be construed as limiting in any respect the powers and duties of the commissioner of health, commission- er of education or the superintendent to investigate instances of misconduct by a [health care] provider [and, after a hearing and upon written notice to the provider, to temporarily prohibit a provider of health services under such investigation from demanding or requesting any payment for medical services under this article for up to ninety days from the date of such notice] OF HEALTH SERVICES AND TAKE APPROPRI- ATE ACTION PURSUANT TO ANY OTHER PROVISION OF LAW. A DETERMINATION OF THE SUPERINTENDENT PURSUANT TO SUBSECTION (B) OF THIS SECTION SHALL NOT BE BINDING UPON THE COMMISSIONER OF HEALTH OR COMMISSIONER OF EDUCATION IN A PROFESSIONAL DISCIPLINE PROCEEDING RELATING TO THE SAME CONDUCT. S 3. Paragraph 1 of subsection (a) of section 308 of the insurance law, as amended by chapter 499 of the laws of 2009, is amended to read as follows: (1) The superintendent may also address to any health maintenance organization, life settlement provider, life settlement intermediary or its officers, ANY PROVIDER OF HEALTH SERVICES WHO DEMANDS OR REQUESTS PAYMENT FOR HEALTH SERVICES RENDERED UNDER ARTICLE FIFTY-ONE OF THIS CHAPTER, or any authorized insurer or rate service organization, or officers thereof, any inquiry in relation to its transactions or condi- tion or any matter connected therewith. Every corporation or person so addressed shall reply in writing to such inquiry promptly and truthful- ly, and such reply shall be, if required by the superintendent, subscribed by such individual, or by such officer or officers of a corporation, as the superintendent shall designate, and affirmed by them as true under the penalties of perjury. S 4. The insurance law is amended by adding a new section 5110 to read as follows: S 5110. EXAMINATIONS OF PROVIDERS OF HEALTH SERVICES; WHEN AUTHORIZED OR REQUIRED. (A) THE SUPERINTENDENT MAY MAKE AN EXAMINATION, INCLUDING AN AUDIT OR UNANNOUNCED INSPECTION, INTO THE AFFAIRS OF ANY PROVIDER OF HEALTH SERVICES THAT DEMANDS OR REQUESTS PAYMENT FOR HEALTH SERVICES RENDERED UNDER THIS ARTICLE AS OFTEN AS THE SUPERINTENDENT DEEMS IT EXPEDIENT FOR THE PROTECTION OF THE INTERESTS OF THE PEOPLE OF THIS STATE. AS USED IN THIS SECTION, "HEALTH SERVICES" MEANS SERVICES, SUPPLIES, THERAPIES, OR OTHER TREATMENTS AS SPECIFIED IN SUBPARAGRAPH (I), (II), OR (IV) OF PARAGRAPH ONE OF SUBSECTION (A) OF SECTION FIVE THOUSAND ONE HUNDRED TWO OF THIS ARTICLE. (B)(1) WHENEVER THE SUPERINTENDENT SHALL DETERMINE TO EXAMINE THE AFFAIRS OF ANY PROVIDER OF HEALTH SERVICES, THE SUPERINTENDENT SHALL MAKE AN ORDER INDICATING THE SCOPE OF THE EXAMINATION AND MAY APPOINT AS S. 6357--A 63 A. 8557--A EXAMINERS ONE OR MORE PERSONS NOT EMPLOYED BY ANY PROVIDER OF HEALTH SERVICES OR INSURER OR INTERESTED IN ANY PROVIDER OF HEALTH SERVICES OR INSURER, EXCEPT AS A POLICYHOLDER. A COPY OF SUCH ORDER SHALL UPON DEMAND BE EXHIBITED TO THE PROVIDER OF HEALTH SERVICES WHOSE AFFAIRS ARE TO BE EXAMINED BEFORE THE EXAMINATION BEGINS. (2) ANY EXAMINER AUTHORIZED BY THE SUPERINTENDENT SHALL BE GIVEN CONVENIENT ACCESS AT ALL REASONABLE HOURS TO THE BOOKS, RECORDS, FILES, SECURITIES AND OTHER DOCUMENTS OF SUCH PROVIDER OF HEALTH SERVICES THAT ARE RELEVANT TO THE EXAMINATION, AND SHALL HAVE POWER TO ADMINISTER OATHS AND TO EXAMINE UNDER OATH ANY OFFICER OR AGENT OF SUCH PROVIDER OF HEALTH SERVICES, AND ANY OTHER PERSON HAVING CUSTODY OR CONTROL OF SUCH DOCUMENTS, REGARDING ANY MATTER RELEVANT TO THE EXAMINATION. (3) THE OFFICERS AND AGENTS OF SUCH PROVIDER OF HEALTH SERVICES SHALL FACILITATE SUCH EXAMINATION AND AID SUCH EXAMINERS IN CONDUCTING THE SAME SO FAR AS IT IS IN THEIR POWER TO DO SO. (4) THE REFUSAL OF ANY PROVIDER OF HEALTH SERVICES TO SUBMIT TO EXAM- INATION SHALL BE GROUNDS FOR THE SUPERINTENDENT PROHIBITING THE PROVIDER OF HEALTH SERVICES FROM DEMANDING OR REQUESTING PAYMENT FOR HEALTH SERVICES RENDERED UNDER THIS ARTICLE PURSUANT TO SECTION FIVE THOUSAND ONE HUNDRED NINE OF THIS ARTICLE. (5) AN EXAMINATION SHALL BE CONDUCTED CONSISTENT WITH ALL APPLICABLE STATE AND FEDERAL PRIVACY LAWS. (6) THIS SECTION SHALL NOT APPLY TO A GENERAL HOSPITAL, AS DEFINED IN SUBDIVISION TEN OF SECTION TWO THOUSAND EIGHT HUNDRED ONE OF THE PUBLIC HEALTH LAW, OR A PROVIDER OF HEALTH SERVICES THAT SUBMITTED LESS THAN FIFTY CLAIMS IN THE PRIOR CALENDAR YEAR FOR HEALTH SERVICES RENDERED UNDER THIS ARTICLE. S 5. This act shall take effect immediately; provided, however, that sections one and two of this act shall take effect on the sixtieth day after it shall have become a law. PART U Section 1. Paragraphs 11, 12, 13, 14, 16 and 17 of subsection (a) of section 3217-a of the insurance law, as added by chapter 705 of the laws of 1996, are amended and four new paragraphs 16-a, 18, 19 and 20 are added to read as follows: (11) where applicable, notice that an insured enrolled in a managed care product OR IN A COMPREHENSIVE POLICY THAT UTILIZES A NETWORK OF PROVIDERS offered by the insurer may obtain a referral [to] OR PREAU- THORIZATION FOR a health care provider outside of the insurer's network or panel when the insurer does not have a health care provider [with] WHO IS GEOGRAPHICALLY ACCESSIBLE TO THE INSURED AND WHO HAS THE appro- priate ESSENTIAL LEVEL OF training and experience in the network or panel to meet the particular health care needs of the insured and the procedure by which the insured can obtain such referral OR PREAUTHORI- ZATION; (12) where applicable, notice that an insured enrolled in a managed care product OR A COMPREHENSIVE POLICY THAT UTILIZES A NETWORK OF PROVIDERS offered by the insurer with a condition which requires ongoing care from a specialist may request a standing referral to such a specialist and the procedure for requesting and obtaining such a stand- ing referral; (13) where applicable, notice that an insured enrolled in a managed care product OR A COMPREHENSIVE POLICY THAT UTILIZES A NETWORK OF PROVIDERS offered by the insurer with [(i)] (A) a life-threatening S. 6357--A 64 A. 8557--A condition or disease, or [(ii)] (B) a degenerative and disabling condi- tion or disease, either of which requires specialized medical care over a prolonged period of time may request a specialist responsible for providing or coordinating the insured's medical care and the procedure for requesting and obtaining such a specialist; (14) where applicable, notice that an insured enrolled in a managed care product OR A COMPREHENSIVE POLICY THAT UTILIZES A NETWORK OF PROVIDERS offered by the insurer with [(i)] (A) a life-threatening condition or disease, or [(ii)] (B) a degenerative and disabling condi- tion or disease, either of which requires specialized medical care over a prolonged period of time, may request access to a specialty care center and the procedure by which such access may be obtained; (16) notice of all appropriate mailing addresses and telephone numbers to be utilized by insureds seeking information or authorization; [and] (16-A) WHERE APPLICABLE, NOTICE THAT AN INSURED SHALL HAVE DIRECT ACCESS TO PRIMARY AND PREVENTIVE OBSTETRIC AND GYNECOLOGIC SERVICES, INCLUDING ANNUAL EXAMINATIONS, CARE RESULTING FROM SUCH ANNUAL EXAMINA- TIONS, AND TREATMENT OF ACUTE GYNECOLOGIC CONDITIONS, FROM A QUALIFIED PROVIDER OF SUCH SERVICES OF HER CHOICE FROM WITHIN THE PLAN OR FOR ANY CARE RELATED TO A PREGNANCY; (17) where applicable, a listing by specialty, which may be in a sepa- rate document that is updated annually, of the name, address, and tele- phone number of all participating providers, including facilities, and in addition, in the case of physicians, board certification[.], LANGUAGES SPOKEN AND ANY AFFILIATIONS WITH PARTICIPATING HOSPITALS. THE LISTING SHALL ALSO BE POSTED ON THE INSURER'S WEBSITE AND THE INSURER SHALL UPDATE THE WEBSITE WITHIN FIFTEEN DAYS OF THE ADDITION OR TERMI- NATION OF A PROVIDER FROM THE INSURER'S NETWORK OR A CHANGE IN A PHYSI- CIAN'S HOSPITAL AFFILIATION; (18) A DESCRIPTION OF THE METHOD BY WHICH AN INSURED MAY SUBMIT A CLAIM FOR HEALTH CARE SERVICES; (19) WHERE APPLICABLE, WITH RESPECT TO OUT-OF-NETWORK COVERAGE: (A) A CLEAR DESCRIPTION OF THE METHODOLOGY USED BY THE INSURER TO DETERMINE REIMBURSEMENT FOR OUT-OF-NETWORK HEALTH CARE SERVICES; (B) A DESCRIPTION OF THE AMOUNT THAT THE INSURER WILL REIMBURSE UNDER THE METHODOLOGY FOR OUT-OF-NETWORK HEALTH CARE SERVICES SET FORTH AS A PERCENTAGE OF THE USUAL AND CUSTOMARY COST FOR OUT-OF-NETWORK HEALTH CARE SERVICES; AND (C) EXAMPLES OF ANTICIPATED OUT-OF-POCKET COSTS FOR FREQUENTLY BILLED OUT-OF-NETWORK HEALTH CARE SERVICES; AND (20) INFORMATION IN WRITING AND THROUGH AN INTERNET WEBSITE THAT REASONABLY PERMITS AN INSURED OR PROSPECTIVE INSURED TO DETERMINE THE ANTICIPATED OUT-OF-POCKET COST FOR OUT-OF-NETWORK HEALTH CARE SERVICES IN A GEOGRAPHICAL AREA OR ZIP CODE BASED UPON THE DIFFERENCE BETWEEN WHAT THE INSURER WILL REIMBURSE FOR OUT-OF-NETWORK HEALTH CARE SERVICES AND THE USUAL AND CUSTOMARY COST FOR OUT-OF-NETWORK HEALTH CARE SERVICES. S 2. Paragraphs 11 and 12 of subsection (b) of section 3217-a of the insurance law, as added by chapter 705 of the laws of 1996, are amended and two new paragraphs 13 and 14 are added to read as follows: (11) where applicable, provide the written application procedures and minimum qualification requirements for health care providers to be considered by the insurer for participation in the insurer's network for a managed care product; [and] S. 6357--A 65 A. 8557--A (12) disclose such other information as required by the superinten- dent, provided that such requirements are promulgated pursuant to the state administrative procedure act[.]; (13) DISCLOSE WHETHER A HEALTH CARE PROVIDER SCHEDULED TO PROVIDE A HEALTH CARE SERVICE IS AN IN-NETWORK PROVIDER; AND (14) WHERE APPLICABLE, WITH RESPECT TO OUT-OF-NETWORK COVERAGE, DISCLOSE THE DOLLAR AMOUNT THAT THE INSURER WILL PAY FOR A SPECIFIC OUT-OF-NETWORK HEALTH CARE SERVICE. S 3. Section 3217-a of the insurance law is amended by adding a new subsection (f) to read as follows: (F) FOR PURPOSES OF THIS SECTION, "USUAL AND CUSTOMARY COST" SHALL MEAN THE EIGHTIETH PERCENTILE OF ALL CHARGES FOR THE PARTICULAR HEALTH CARE SERVICE PERFORMED BY A PROVIDER IN THE SAME OR SIMILAR SPECIALTY AND PROVIDED IN THE SAME GEOGRAPHICAL AREA AS REPORTED IN A BENCHMARKING DATABASE MAINTAINED BY A NONPROFIT ORGANIZATION SPECIFIED BY THE SUPER- INTENDENT. THE NONPROFIT ORGANIZATION SHALL NOT BE AFFILIATED WITH AN INSURER, A CORPORATION SUBJECT TO ARTICLE FORTY-THREE OF THIS CHAPTER, A MUNICIPAL COOPERATIVE HEALTH BENEFIT PLAN CERTIFIED PURSUANT TO ARTICLE FORTY-SEVEN OF THIS CHAPTER, OR A HEALTH MAINTENANCE ORGANIZATION CERTI- FIED PURSUANT TO ARTICLE FORTY-FOUR OF THE PUBLIC HEALTH LAW. S 4. Section 3217-d of the insurance law is amended by adding a new subsection (d) to read as follows: (D) AN INSURER THAT ISSUES A COMPREHENSIVE POLICY THAT UTILIZES A NETWORK OF PROVIDERS AND IS NOT A MANAGED CARE HEALTH INSURANCE CONTRACT AS DEFINED IN SUBSECTION (C) OF SECTION FOUR THOUSAND EIGHT HUNDRED ONE OF THIS CHAPTER, SHALL PROVIDE ACCESS TO OUT-OF-NETWORK SERVICES CONSISTENT WITH THE REQUIREMENTS OF SUBSECTION (A) OF SECTION FOUR THOU- SAND EIGHT HUNDRED FOUR OF THIS CHAPTER, SUBSECTIONS (G-6) AND (G-7) OF SECTION FOUR THOUSAND NINE HUNDRED OF THIS CHAPTER, SUBSECTIONS (A-1) AND (A-2) OF SECTION FOUR THOUSAND NINE HUNDRED FOUR OF THIS CHAPTER, PARAGRAPHS THREE AND FOUR OF SUBSECTION (B) OF SECTION FOUR THOUSAND NINE HUNDRED TEN OF THIS CHAPTER, AND SUBPARAGRAPHS (C) AND (D) OF PARA- GRAPH FOUR OF SUBSECTION (B) OF SECTION FOUR THOUSAND NINE HUNDRED FOUR- TEEN OF THIS CHAPTER. S 5. Section 3224-a of the insurance law is amended by adding a new subsection (j) to read as follows: (J) AN INSURER OR AN ORGANIZATION OR CORPORATION LICENSED OR CERTIFIED PURSUANT TO ARTICLE FORTY-THREE OR FORTY-SEVEN OF THIS CHAPTER OR ARTI- CLE FORTY-FOUR OF THE PUBLIC HEALTH LAW OR A STUDENT HEALTH PLAN ESTAB- LISHED OR MAINTAINED PURSUANT TO SECTION ONE THOUSAND ONE HUNDRED TWEN- TY-FOUR OF THIS CHAPTER SHALL ACCEPT CLAIMS SUBMITTED BY A POLICYHOLDER OR COVERED PERSON, IN WRITING, INCLUDING THROUGH THE INTERNET, BY ELEC- TRONIC MAIL OR BY FACSIMILE. S 6. The insurance law is amended by adding a new section 3241 to read as follows: S 3241. NETWORK COVERAGE. (A) AN INSURER, A CORPORATION ORGANIZED PURSUANT TO ARTICLE FORTY-THREE OF THIS CHAPTER, A MUNICIPAL COOPERATIVE HEALTH BENEFIT PLAN CERTIFIED PURSUANT TO ARTICLE FORTY-SEVEN OF THIS CHAPTER, OR A STUDENT HEALTH PLAN ESTABLISHED OR MAINTAINED PURSUANT TO SECTION ONE THOUSAND ONE HUNDRED TWENTY-FOUR OF THIS CHAPTER, THAT ISSUES A HEALTH INSURANCE POLICY OR CONTRACT WITH A NETWORK OF HEALTH CARE PROVIDERS SHALL ENSURE THAT THE NETWORK IS ADEQUATE TO MEET THE HEALTH NEEDS OF INSUREDS AND PROVIDE AN APPROPRIATE CHOICE OF PROVIDERS SUFFICIENT TO RENDER THE SERVICES COVERED UNDER THE POLICY OR CONTRACT. THE SUPERINTENDENT SHALL REVIEW THE NETWORK OF HEALTH CARE PROVIDERS FOR ADEQUACY AT THE TIME OF THE SUPERINTENDENT'S INITIAL APPROVAL OF A S. 6357--A 66 A. 8557--A HEALTH INSURANCE POLICY OR CONTRACT; AT LEAST EVERY THREE YEARS THERE- AFTER; AND UPON APPLICATION FOR EXPANSION OF ANY SERVICE AREA ASSOCIATED WITH THE POLICY OR CONTRACT IN CONFORMANCE WITH THE STANDARDS SET FORTH IN SUBDIVISION FIVE OF SECTION FOUR THOUSAND FOUR HUNDRED THREE OF THE PUBLIC HEALTH LAW. TO THE EXTENT THAT THE NETWORK HAS BEEN DETERMINED BY THE COMMISSIONER OF HEALTH TO MEET THE STANDARDS SET FORTH IN SUBDI- VISION FIVE OF SECTION FOUR THOUSAND FOUR HUNDRED THREE OF THE PUBLIC HEALTH LAW, SUCH NETWORK SHALL BE DEEMED ADEQUATE BY THE SUPERINTENDENT. (B)(1) AN INSURER, A CORPORATION ORGANIZED PURSUANT TO ARTICLE FORTY- THREE OF THIS CHAPTER, A MUNICIPAL COOPERATIVE HEALTH BENEFIT PLAN CERTIFIED PURSUANT TO ARTICLE FORTY-SEVEN OF THIS CHAPTER, A HEALTH MAINTENANCE ORGANIZATION CERTIFIED PURSUANT TO ARTICLE FORTY-FOUR OF THE PUBLIC HEALTH LAW OR A STUDENT HEALTH PLAN ESTABLISHED OR MAINTAINED PURSUANT TO SECTION ONE THOUSAND ONE HUNDRED TWENTY-FOUR OF THIS CHAP- TER, THAT ISSUES A COMPREHENSIVE GROUP OR GROUP REMITTANCE HEALTH INSUR- ANCE POLICY OR CONTRACT THAT COVERS OUT-OF-NETWORK HEALTH CARE SERVICES SHALL MAKE AVAILABLE AND, IF REQUESTED BY THE POLICYHOLDER OR CONTRACT- HOLDER, PROVIDE COVERAGE FOR AT LEAST SEVENTY PERCENT OF THE USUAL AND CUSTOMARY COST OF EACH OUT-OF-NETWORK HEALTH CARE SERVICE AFTER IMPOSI- TION OF A DEDUCTIBLE OR ANY PERMISSIBLE BENEFIT MAXIMUM. (2) FOR THE PURPOSES OF THIS SUBSECTION, "USUAL AND CUSTOMARY COST" SHALL MEAN THE EIGHTIETH PERCENTILE OF ALL CHARGES FOR THE PARTICULAR HEALTH CARE SERVICE PERFORMED BY A PROVIDER IN THE SAME OR SIMILAR SPECIALTY AND PROVIDED IN THE SAME GEOGRAPHICAL AREA AS REPORTED IN A BENCHMARKING DATABASE MAINTAINED BY A NONPROFIT ORGANIZATION SPECIFIED BY THE SUPERINTENDENT. THE NONPROFIT ORGANIZATION SHALL NOT BE AFFIL- IATED WITH AN INSURER, A CORPORATION SUBJECT TO ARTICLE FORTY-THREE OF THIS CHAPTER, A MUNICIPAL COOPERATIVE HEALTH BENEFIT PLAN CERTIFIED PURSUANT TO ARTICLE FORTY-SEVEN OF THIS CHAPTER, A HEALTH MAINTENANCE ORGANIZATION CERTIFIED PURSUANT TO ARTICLE FORTY-FOUR OF THE PUBLIC HEALTH LAW OR A STUDENT HEALTH PLAN ESTABLISHED OR MAINTAINED PURSUANT TO SECTION ONE THOUSAND ONE HUNDRED TWENTY-FOUR OF THIS CHAPTER. (3) THIS SUBSECTION SHALL NOT APPLY TO EMERGENCY CARE SERVICES IN HOSPITAL FACILITIES OR PREHOSPITAL EMERGENCY MEDICAL SERVICES AS DEFINED IN CLAUSE (I) OF SUBPARAGRAPH (E) OF PARAGRAPH TWENTY-FOUR OF SUBSECTION (I) OF SECTION THREE THOUSAND TWO HUNDRED SIXTEEN OF THIS ARTICLE, OR CLAUSE (I) OF SUBPARAGRAPH (E) OF PARAGRAPH FIFTEEN OF SUBSECTION (L) OF SECTION THREE THOUSAND TWO HUNDRED TWENTY-ONE OF THIS CHAPTER, OR SUBPARAGRAPH (A) OF PARAGRAPH FIVE OF SUBSECTION (AA) OF SECTION FOUR THOUSAND THREE HUNDRED THREE OF THIS CHAPTER. (4) NOTHING IN THIS SUBSECTION SHALL LIMIT THE SUPERINTENDENT'S AUTHORITY PURSUANT TO SECTION THREE THOUSAND TWO HUNDRED SEVENTEEN OF THIS ARTICLE TO ESTABLISH MINIMUM STANDARDS FOR THE FORM, CONTENT AND SALE OF ACCIDENT AND HEALTH INSURANCE POLICIES AND SUBSCRIBER CONTRACTS, TO REQUIRE ADDITIONAL COVERAGE OPTIONS FOR OUT-OF-NETWORK SERVICES, OR TO PROVIDE FOR STANDARDIZATION AND SIMPLIFICATION OF COVERAGE. (C) WHEN AN INSURED OR ENROLLEE UNDER A CONTRACT OR POLICY THAT PROVIDES COVERAGE FOR EMERGENCY SERVICES RECEIVES THE SERVICES FROM A HEALTH CARE PROVIDER THAT DOES NOT PARTICIPATE IN THE PROVIDER NETWORK OF AN INSURER, A CORPORATION ORGANIZED PURSUANT TO ARTICLE FORTY-THREE OF THIS CHAPTER, A MUNICIPAL COOPERATIVE HEALTH BENEFIT PLAN CERTIFIED PURSUANT TO ARTICLE FORTY-SEVEN OF THIS CHAPTER, A HEALTH MAINTENANCE ORGANIZATION CERTIFIED PURSUANT TO ARTICLE FORTY-FOUR OF THE PUBLIC HEALTH LAW, OR A STUDENT HEALTH PLAN ESTABLISHED OR MAINTAINED PURSUANT TO SECTION ONE THOUSAND ONE HUNDRED TWENTY-FOUR OF THIS CHAPTER ("HEALTH CARE PLAN"), THE HEALTH CARE PLAN SHALL ENSURE THAT THE INSURED OR S. 6357--A 67 A. 8557--A ENROLLEE SHALL INCUR NO GREATER OUT-OF-POCKET COSTS FOR THE EMERGENCY SERVICES THAN THE INSURED OR ENROLLEE WOULD HAVE INCURRED WITH A HEALTH CARE PROVIDER THAT PARTICIPATES IN THE HEALTH CARE PLAN'S PROVIDER NETWORK. FOR THE PURPOSE OF THIS SECTION, "EMERGENCY SERVICES" SHALL HAVE THE MEANING SET FORTH IN SUBPARAGRAPH (D) OF PARAGRAPH NINE OF SUBSECTION (I) OF SECTION THREE THOUSAND TWO HUNDRED SIXTEEN OF THIS ARTICLE, SUBPARAGRAPH (D) OF PARAGRAPH FOUR OF SUBSECTION (K) OF SECTION THREE THOUSAND TWO HUNDRED TWENTY-ONE OF THIS ARTICLE, AND SUBPARAGRAPH (D) OF PARAGRAPH TWO OF SUBSECTION (A) OF SECTION FOUR THOUSAND THREE HUNDRED THREE OF THIS CHAPTER. S 7. Section 4306-c of the insurance law is amended by adding a new subsection (d) to read as follows: (D) A CORPORATION, INCLUDING A MUNICIPAL COOPERATIVE HEALTH BENEFIT PLAN CERTIFIED PURSUANT TO ARTICLE FORTY-SEVEN OF THIS CHAPTER AND A STUDENT HEALTH PLAN ESTABLISHED OR MAINTAINED PURSUANT TO SECTION ONE THOUSAND ONE HUNDRED TWENTY-FOUR OF THIS CHAPTER, THAT ISSUES A COMPRE- HENSIVE POLICY THAT UTILIZES A NETWORK OF PROVIDERS AND IS NOT A MANAGED CARE HEALTH INSURANCE CONTRACT AS DEFINED IN SUBSECTION (C) OF SECTION FOUR THOUSAND EIGHT HUNDRED ONE OF THIS CHAPTER, SHALL PROVIDE ACCESS TO OUT-OF-NETWORK SERVICES CONSISTENT WITH THE REQUIREMENTS OF SUBSECTION (A) OF SECTION FOUR THOUSAND EIGHT HUNDRED FOUR OF THIS CHAPTER, SUBSECTIONS (G-6) AND (G-7) OF SECTION FOUR THOUSAND NINE HUNDRED OF THIS CHAPTER, SUBSECTIONS (A-1) AND (A-2) OF SECTION FOUR THOUSAND NINE HUNDRED FOUR OF THIS CHAPTER, PARAGRAPHS THREE AND FOUR OF SUBSECTION (B) OF SECTION FOUR THOUSAND NINE HUNDRED TEN OF THIS CHAPTER, AND SUBPARAGRAPHS (C) AND (D) OF PARAGRAPH FOUR OF SUBSECTION (B) OF SECTION FOUR THOUSAND NINE HUNDRED FOURTEEN OF THIS CHAPTER. S 8. Paragraphs 11, 12, 13, 14, 16-a, 17, and 18 of subsection (a) of section 4324 of the insurance law, paragraphs 11, 12, 13, 14, 17 and 18 as added by chapter 705 of the laws of 1996, paragraph 16-a as added by chapter 554 of the laws of 2002, are amended and three new paragraphs 19, 20 and 21 are added to read as follows: (11) where applicable, notice that a subscriber enrolled in a managed care product OR IN A COMPREHENSIVE CONTRACT THAT UTILIZES A NETWORK OF PROVIDERS offered by the corporation may obtain a referral [to] OR PREAUTHORIZATION FOR a health care provider outside of the corporation's network or panel when the corporation does not have a health care provider [with] WHO IS GEOGRAPHICALLY ACCESSIBLE TO THE INSURED AND WHO HAS THE appropriate ESSENTIAL LEVEL OF training and experience in the network or panel to meet the particular health care needs of the subscriber and the procedure by which the subscriber can obtain such referral OR PREAUTHORIZATION; (12) where applicable, notice that a subscriber enrolled in a managed care product OR A COMPREHENSIVE CONTRACT THAT UTILIZES A NETWORK OF PROVIDERS offered by the corporation with a condition which requires ongoing care from a specialist may request a standing referral to such a specialist and the procedure for requesting and obtaining such a stand- ing referral; (13) where applicable, notice that a subscriber enrolled in a managed care product OR A COMPREHENSIVE CONTRACT THAT UTILIZES A NETWORK OF PROVIDERS offered by the corporation with (i) a life-threatening condi- tion or disease, or (ii) a degenerative and disabling condition or disease, either of which requires specialized medical care over a prolonged period of time may request a specialist responsible for providing or coordinating the subscriber's medical care and the proce- dure for requesting and obtaining such a specialist; S. 6357--A 68 A. 8557--A (14) where applicable, notice that a subscriber enrolled in a managed care product OR A COMPREHENSIVE CONTRACT THAT UTILIZES A NETWORK OF PROVIDERS offered by the corporation with [(i)] (A) a life-threatening condition or disease, or [(ii)] (B) a degenerative and disabling condi- tion or disease, either of which requires specialized medical care over a prolonged period of time may request access to a specialty care center and the procedure by which such access may be obtained; (16-a) where applicable, notice that an enrollee shall have direct access to primary and preventive obstetric and gynecologic services, INCLUDING ANNUAL EXAMINATIONS, CARE RESULTING FROM SUCH ANNUAL EXAMINA- TIONS, AND TREATMENT OF ACUTE GYNECOLOGIC CONDITIONS, from a qualified provider of such services of her choice from within the plan [for no fewer than two examinations annually for such services] or [to] FOR any care related to A pregnancy [and that additionally, the enrollee shall have direct access to primary and preventive obstetric and gynecologic services required as a result of such annual examinations or as a result of an acute gynecologic condition]; (17) where applicable, a listing by specialty, which may be in a sepa- rate document that is updated annually, of the name, address, and tele- phone number of all participating providers, including facilities, and in addition, in the case of physicians, board certification[; and], LANGUAGES SPOKEN AND ANY AFFILIATIONS WITH PARTICIPATING HOSPITALS. THE LISTING SHALL ALSO BE POSTED ON THE CORPORATION'S WEBSITE AND THE CORPO- RATION SHALL UPDATE THE WEBSITE WITHIN FIFTEEN DAYS OF THE ADDITION OR TERMINATION OF A PROVIDER FROM THE CORPORATION'S NETWORK OR A CHANGE IN A PHYSICIAN'S HOSPITAL AFFILIATION; (18) a description of the mechanisms by which subscribers may partic- ipate in the development of the policies of the corporation[.]; (19) A DESCRIPTION OF THE METHOD BY WHICH A SUBSCRIBER MAY SUBMIT A CLAIM FOR HEALTH CARE SERVICES; (20) WHERE APPLICABLE, WITH RESPECT TO OUT-OF-NETWORK COVERAGE: (A) A CLEAR DESCRIPTION OF THE METHODOLOGY USED BY THE CORPORATION TO DETERMINE REIMBURSEMENT FOR OUT-OF-NETWORK HEALTH CARE SERVICES; (B) A DESCRIPTION OF THE AMOUNT THAT THE CORPORATION WILL REIMBURSE UNDER THE METHODOLOGY FOR OUT-OF-NETWORK HEALTH CARE SERVICES SET FORTH AS A PERCENTAGE OF THE USUAL AND CUSTOMARY COST FOR OUT-OF-NETWORK HEALTH CARE SERVICES; AND (C) EXAMPLES OF ANTICIPATED OUT-OF-POCKET COSTS FOR FREQUENTLY BILLED OUT-OF-NETWORK HEALTH CARE SERVICES; AND (21) INFORMATION IN WRITING AND THROUGH AN INTERNET WEBSITE THAT REASONABLY PERMITS A SUBSCRIBER OR PROSPECTIVE SUBSCRIBER TO DETERMINE THE ANTICIPATED OUT-OF-POCKET COST FOR OUT-OF-NETWORK HEALTH CARE SERVICES IN A GEOGRAPHICAL AREA OR ZIP CODE BASED UPON THE DIFFERENCE BETWEEN WHAT THE CORPORATION WILL REIMBURSE FOR OUT-OF-NETWORK HEALTH CARE SERVICES AND THE USUAL AND CUSTOMARY COST FOR OUT-OF-NETWORK HEALTH CARE SERVICES. S 9. Paragraphs 11 and 12 of subsection (b) of section 4324 of the insurance law, as added by chapter 705 of the laws of 1996, are amended and two new paragraphs 13 and 14 are added to read as follows: (11) where applicable, provide the written application procedures and minimum qualification requirements for health care providers to be considered by the corporation for participation in the corporation's network for a managed care product; [and] (12) disclose such other information as required by the superinten- dent, provided that such requirements are promulgated pursuant to the state administrative procedure act[.]; S. 6357--A 69 A. 8557--A (13) DISCLOSE WHETHER A HEALTH CARE PROVIDER SCHEDULED TO PROVIDE A HEALTH CARE SERVICE IS AN IN-NETWORK PROVIDER; AND (14) WHERE APPLICABLE, WITH RESPECT TO OUT-OF-NETWORK COVERAGE, DISCLOSE THE DOLLAR AMOUNT THAT THE CORPORATION WILL PAY FOR A SPECIFIC OUT-OF-NETWORK HEALTH CARE SERVICE. S 10. Section 4324 of the insurance law is amended by adding a new subsection (f) to read as follows: (F) FOR PURPOSES OF THIS SECTION, "USUAL AND CUSTOMARY COST" SHALL MEAN THE EIGHTIETH PERCENTILE OF ALL CHARGES FOR THE PARTICULAR HEALTH CARE SERVICE PERFORMED BY A PROVIDER IN THE SAME OR SIMILAR SPECIALTY AND PROVIDED IN THE SAME GEOGRAPHICAL AREA AS REPORTED IN A BENCHMARKING DATABASE MAINTAINED BY A NONPROFIT ORGANIZATION SPECIFIED BY THE SUPER- INTENDENT. THE NONPROFIT ORGANIZATION SHALL NOT BE AFFILIATED WITH AN INSURER, A CORPORATION SUBJECT TO THIS ARTICLE, A MUNICIPAL COOPERATIVE HEALTH BENEFIT PLAN CERTIFIED PURSUANT TO ARTICLE FORTY-SEVEN OF THIS CHAPTER, OR A HEALTH MAINTENANCE ORGANIZATION CERTIFIED PURSUANT TO ARTICLE FORTY-FOUR OF THE PUBLIC HEALTH LAW. S 10-a. Subsection (a) of section 4804 of the insurance law, as added by chapter 705 of the laws of 1996, is amended to read as follows: (a) If an insurer offering a managed care product determines that it does not have a health care provider in the in-network benefits portion of its network with appropriate training and experience to meet the particular health care needs of an insured, the insurer shall make a referral to an appropriate provider, pursuant to a treatment plan approved by the insurer in consultation with the primary care provider, the non-participating provider and the insured or the insured's desig- nee, at no additional cost to the insured beyond what the insured would otherwise pay for services received within the network. NOTHING IN THIS SUBSECTION SHALL BE CONSTRUED TO ENTITLE AN INSURED TO A REFERRAL TO THE INSURED'S PREFERRED PROVIDER, WHERE THAT PROVIDER IS OUT-OF-NETWORK. THE PROVISIONS OF THIS SUBSECTION SHALL ONLY APPLY IF THERE IS NO IN-NETWORK PROVIDER GEOGRAPHICALLY ACCESSIBLE TO THE INSURED WHO HAS THE APPROPRIATE ESSENTIAL LEVEL OF TRAINING AND EXPERIENCE TO MEET THE PARTICULAR NEEDS OF THE INSURED. S 11. Subsection (g-7) of section 4900 of the insurance law is redes- ignated subsection (g-8) and a new subsection (g-7) is added to read as follows: (G-7) "OUT-OF-NETWORK REFERRAL DENIAL" MEANS A DENIAL UNDER A MANAGED CARE PRODUCT AS DEFINED IN SUBSECTION (C) OF SECTION FOUR THOUSAND EIGHT HUNDRED ONE OF THIS CHAPTER OF A REQUEST FOR AN AUTHORIZATION OR REFER- RAL TO AN OUT-OF-NETWORK PROVIDER ON THE BASIS THAT THE HEALTH CARE PLAN HAS A HEALTH CARE PROVIDER IN THE IN-NETWORK BENEFITS PORTION OF ITS NETWORK WITH APPROPRIATE TRAINING AND EXPERIENCE TO MEET THE PARTICULAR HEALTH CARE NEEDS OF AN INSURED, AND WHO IS ABLE TO PROVIDE THE REQUESTED HEALTH SERVICE. THE NOTICE OF AN OUT-OF-NETWORK REFERRAL DENIAL PROVIDED TO AN INSURED SHALL INCLUDE INFORMATION EXPLAINING WHAT INFORMATION THE INSURED MUST SUBMIT IN ORDER TO APPEAL THE OUT-OF-NET- WORK REFERRAL DENIAL PURSUANT TO SUBSECTION (A-2) OF SECTION FOUR THOU- SAND NINE HUNDRED FOUR OF THIS ARTICLE. AN OUT-OF-NETWORK REFERRAL DENIAL UNDER THIS SUBSECTION DOES NOT CONSTITUTE AN ADVERSE DETERMI- NATION AS DEFINED IN THIS ARTICLE. AN OUT-OF-NETWORK REFERRAL DENIAL SHALL NOT BE CONSTRUED TO INCLUDE AN OUT-OF-NETWORK DENIAL AS DEFINED IN SUBSECTION (G-6) OF THIS SECTION. S 12. Subsection (b) of section 4903 of the insurance law, as amended by chapter 514 of the laws of 2013, is amended to read as follows: S. 6357--A 70 A. 8557--A (b) A utilization review agent shall make a utilization review deter- mination involving health care services which require pre-authorization and provide notice of a determination to the insured or insured's desig- nee and the insured's health care provider by telephone and in writing within three business days of receipt of the necessary information. To the extent practicable, such written notification to the enrollee's health care provider shall be transmitted electronically, in a manner and in a form agreed upon by the parties. THE NOTIFICATION SHALL IDEN- TIFY: (1) WHETHER THE SERVICES ARE CONSIDERED IN-NETWORK OR OUT-OF-NET- WORK; (2) WHETHER THE INSURED WILL BE HELD HARMLESS FOR THE SERVICES AND NOT BE RESPONSIBLE FOR ANY PAYMENT, OTHER THAN ANY APPLICABLE CO-PAY- MENT, CO-INSURANCE OR DEDUCTIBLE; (3) AS APPLICABLE, THE DOLLAR AMOUNT THE HEALTH CARE PLAN WILL PAY IF THE SERVICE IS OUT-OF-NETWORK; AND (4) AS APPLICABLE, INFORMATION EXPLAINING HOW AN INSURED MAY DETERMINE THE ANTICIPATED OUT-OF-POCKET COST FOR OUT-OF-NETWORK HEALTH CARE SERVICES IN A GEOGRAPHICAL AREA OR ZIP CODE BASED UPON THE DIFFERENCE BETWEEN WHAT THE HEALTH CARE PLAN WILL REIMBURSE FOR OUT-OF-NETWORK HEALTH CARE SERVICES AND THE USUAL AND CUSTOMARY COST FOR OUT-OF-NETWORK HEALTH CARE SERVICES. S 13. Section 4904 of the insurance law is amended by adding a new subsection (a-2) to read as follows: (A-2) AN INSURED OR THE INSURED'S DESIGNEE MAY APPEAL AN OUT-OF-NET- WORK REFERRAL DENIAL BY A HEALTH CARE PLAN BY SUBMITTING A WRITTEN STATEMENT FROM THE INSURED'S ATTENDING PHYSICIAN, WHO MUST BE A LICENSED, BOARD CERTIFIED OR BOARD ELIGIBLE PHYSICIAN QUALIFIED TO PRAC- TICE IN THE SPECIALTY AREA OF PRACTICE APPROPRIATE TO TREAT THE INSURED FOR THE HEALTH SERVICE SOUGHT, PROVIDED THAT: (1) THE IN-NETWORK HEALTH CARE PROVIDER OR PROVIDERS RECOMMENDED BY THE HEALTH CARE PLAN DO NOT HAVE THE APPROPRIATE TRAINING AND EXPERIENCE TO MEET THE PARTICULAR HEALTH CARE NEEDS OF THE INSURED FOR THE HEALTH SERVICE; AND (2) RECOM- MENDS AN OUT-OF-NETWORK PROVIDER WITH THE APPROPRIATE TRAINING AND EXPE- RIENCE TO MEET THE PARTICULAR HEALTH CARE NEEDS OF THE INSURED, AND WHO IS ABLE TO PROVIDE THE REQUESTED HEALTH SERVICE. S 14. Subsection (b) of section 4910 of the insurance law is amended by adding a new paragraph 4 to read as follows: (4)(A) THE INSURED HAS HAD AN OUT-OF-NETWORK REFERRAL DENIED ON THE GROUNDS THAT THE HEALTH CARE PLAN HAS A HEALTH CARE PROVIDER IN THE IN-NETWORK BENEFITS PORTION OF ITS NETWORK WITH APPROPRIATE TRAINING AND EXPERIENCE TO MEET THE PARTICULAR HEALTH CARE NEEDS OF AN INSURED, AND WHO IS ABLE TO PROVIDE THE REQUESTED HEALTH SERVICE. (B) THE INSURED'S ATTENDING PHYSICIAN, WHO SHALL BE A LICENSED, BOARD CERTIFIED OR BOARD ELIGIBLE PHYSICIAN QUALIFIED TO PRACTICE IN THE SPECIALTY AREA OF PRACTICE APPROPRIATE TO TREAT THE INSURED FOR THE HEALTH SERVICE SOUGHT, CERTIFIES THAT THE IN-NETWORK HEALTH CARE PROVID- ER OR PROVIDERS RECOMMENDED BY THE HEALTH CARE PLAN DO NOT HAVE THE APPROPRIATE TRAINING AND EXPERIENCE TO MEET THE PARTICULAR HEALTH CARE NEEDS OF AN INSURED, AND RECOMMENDS AN OUT-OF-NETWORK PROVIDER WITH THE APPROPRIATE TRAINING AND EXPERIENCE TO MEET THE PARTICULAR HEALTH CARE NEEDS OF AN INSURED, AND WHO IS ABLE TO PROVIDE THE REQUESTED HEALTH SERVICE. S 15. Paragraph 4 of subsection (b) of section 4914 of the insurance law is amended by adding a new subparagraph (D) to read as follows: (D) FOR EXTERNAL APPEALS REQUESTED PURSUANT TO PARAGRAPH FOUR OF SUBSECTION (B) OF SECTION FOUR THOUSAND NINE HUNDRED TEN OF THIS TITLE RELATING TO AN OUT-OF-NETWORK REFERRAL DENIAL, THE EXTERNAL APPEAL AGENT SHALL REVIEW THE UTILIZATION REVIEW AGENT'S FINAL ADVERSE DETERMINATION S. 6357--A 71 A. 8557--A AND, IN ACCORDANCE WITH THE PROVISIONS OF THIS TITLE, SHALL MAKE A DETERMINATION AS TO WHETHER THE OUT-OF-NETWORK REFERRAL SHALL BE COVERED BY THE HEALTH PLAN; PROVIDED THAT SUCH DETERMINATION SHALL: (I) BE CONDUCTED ONLY BY ONE OR A GREATER ODD NUMBER OF CLINICAL PEER REVIEWERS; (II) BE ACCOMPANIED BY A WRITTEN STATEMENT: (I) THAT THE OUT-OF-NETWORK REFERRAL SHALL BE COVERED BY THE HEALTH CARE PLAN EITHER WHEN THE REVIEWER OR A MAJORITY OF THE PANEL OF REVIEW- ERS DETERMINES, UPON REVIEW OF THE TRAINING AND EXPERIENCE OF THE IN-NETWORK HEALTH CARE PROVIDER OR PROVIDERS PROPOSED BY THE PLAN, THE TRAINING AND EXPERIENCE OF THE REQUESTED OUT-OF-NETWORK PROVIDER, THE CLINICAL STANDARDS OF THE PLAN, THE INFORMATION PROVIDED CONCERNING THE INSURED, THE ATTENDING PHYSICIAN'S RECOMMENDATION, THE INSURED'S MEDICAL RECORD, AND ANY OTHER PERTINENT INFORMATION, THAT THE HEALTH PLAN DOES NOT HAVE A PROVIDER WITH THE APPROPRIATE TRAINING AND EXPERIENCE TO MEET THE PARTICULAR HEALTH CARE NEEDS OF AN INSURED WHO IS ABLE TO PROVIDE THE REQUESTED HEALTH SERVICE, AND THAT THE OUT-OF-NETWORK PROVIDER HAS THE APPROPRIATE TRAINING AND EXPERIENCE TO MEET THE PARTICULAR HEALTH CARE NEEDS OF AN INSURED, IS ABLE TO PROVIDE THE REQUESTED HEALTH SERVICE, AND IS LIKELY TO PRODUCE A MORE CLINICALLY BENEFICIAL OUTCOME; OR (II) UPHOLDING THE HEALTH PLAN'S DENIAL OF COVERAGE; (III) BE SUBJECT TO THE TERMS AND CONDITIONS GENERALLY APPLICABLE TO BENEFITS UNDER THE EVIDENCE OF COVERAGE UNDER THE HEALTH CARE PLAN; (IV) BE BINDING ON THE PLAN AND THE INSURED; AND (V) BE ADMISSIBLE IN ANY COURT PROCEEDING. S 16. The public health law is amended by adding a new section 23 to read as follows: S 23. CLAIM FORMS. A PHYSICIAN SHALL INCLUDE A CLAIM FORM FOR A THIRD-PARTY PAYOR WITH A PATIENT BILL FOR HEALTH CARE SERVICES, OTHER THAN A BILL FOR THE PATIENT'S CO-PAYMENT, COINSURANCE OR DEDUCTIBLE. S 17. The public health law is amended by adding a new section 24 to read as follows: S 24. DISCLOSURE. 1. A HEALTH CARE PROFESSIONAL SHALL DISCLOSE TO PATIENTS OR PROSPECTIVE PATIENTS IN WRITING OR THROUGH AN INTERNET WEBSITE THE HEALTH CARE PLANS IN WHICH THE HEALTH CARE PROFESSIONAL IS A PARTICIPATING PROVIDER AND THE HOSPITALS WITH WHICH THE HEALTH CARE PROFESSIONAL IS AFFILIATED PRIOR TO THE PROVISION OF NON-EMERGENCY SERVICES AND VERBALLY AT THE TIME AN APPOINTMENT IS SCHEDULED. 2. IF A HEALTH CARE PROFESSIONAL DOES NOT PARTICIPATE IN THE NETWORK OF A PATIENT'S OR PROSPECTIVE PATIENT'S HEALTH CARE PLAN, THE HEALTH CARE PROFESSIONAL SHALL: (A) PRIOR TO THE PROVISION OF NON-EMERGENCY SERVICES, INFORM A PATIENT OR PROSPECTIVE PATIENT THAT THE AMOUNT OR ESTIMATED AMOUNT THE HEALTH CARE PROFESSIONAL WILL BILL THE PATIENT FOR HEALTH CARE SERVICES IS AVAILABLE UPON REQUEST; AND (B) UPON RECEIPT OF A REQUEST FROM A PATIENT OR PROSPECTIVE PATIENT, DISCLOSE TO THE PATIENT OR PROSPECTIVE PATIENT IN WRITING THE AMOUNT OR ESTIMATED AMOUNT THE HEALTH CARE PROFESSIONAL WILL BILL THE PATIENT OR PROSPECTIVE PATIENT FOR HEALTH CARE SERVICES PROVIDED OR ANTICIPATED TO BE PROVIDED TO THE PATIENT OR PROSPECTIVE PATIENT ABSENT UNFORESEEN MEDICAL CIRCUMSTANCES THAT MAY ARISE WHEN THE HEALTH CARE SERVICES ARE PROVIDED. 3. A HEALTH CARE PROFESSIONAL WHO IS A PHYSICIAN SHALL PROVIDE A PATIENT OR PROSPECTIVE PATIENT WITH THE NAME, PRACTICE NAME, MAILING ADDRESS, AND TELEPHONE NUMBER OF ANY HEALTH CARE PROVIDER SCHEDULED TO PERFORM ANESTHESIOLOGY, LABORATORY, PATHOLOGY, RADIOLOGY OR ASSISTANT SURGEON SERVICES IN CONNECTION WITH CARE TO BE PROVIDED IN THE PHYSI- S. 6357--A 72 A. 8557--A CIAN'S OFFICE FOR THE PATIENT OR COORDINATED OR REFERRED BY THE PHYSI- CIAN FOR THE PATIENT PRIOR TO THE PROVISION OF SERVICES. 4. A HEALTH CARE PROFESSIONAL WHO IS A PHYSICIAN SHALL, FOR A PATIENT'S SCHEDULED HOSPITAL ADMISSION OR SCHEDULED OUTPATIENT HOSPITAL SERVICES, PROVIDE A PATIENT AND THE HOSPITAL WITH THE NAME, PRACTICE NAME, MAILING ADDRESS AND TELEPHONE NUMBER OF ANY OTHER PHYSICIAN WHOSE SERVICES WILL BE ARRANGED BY THE PHYSICIAN AND ARE SCHEDULED AT THE TIME OF THE PRE-ADMISSION TESTING, REGISTRATION OR ADMISSION PRIOR TO THE PROVISION OF SERVICES; AND INFORMATION AS TO HOW TO DETERMINE THE HEALTHCARE PLANS IN WHICH THE PHYSICIAN PARTICIPATES. 5. A HOSPITAL SHALL ESTABLISH, UPDATE AND MAKE PUBLIC THROUGH POSTING ON THE HOSPITAL'S WEBSITE, TO THE EXTENT REQUIRED BY FEDERAL GUIDELINES, A LIST OF THE HOSPITAL'S STANDARD CHARGES FOR ITEMS AND SERVICES PROVIDED BY THE HOSPITAL, INCLUDING FOR DIAGNOSIS-RELATED GROUPS ESTAB- LISHED UNDER SECTION 1886(D)(4) OF THE FEDERAL SOCIAL SECURITY ACT. 6. A HOSPITAL SHALL POST ON THE HOSPITAL'S WEBSITE: (A) THE HEALTH CARE PLANS IN WHICH THE HOSPITAL IS A PARTICIPATING PROVIDER; (B) A STATEMENT THAT (I) PHYSICIAN SERVICES PROVIDED IN THE HOSPITAL ARE NOT INCLUDED IN THE HOSPITAL'S CHARGES; (II) PHYSICIANS WHO PROVIDE SERVICES IN THE HOSPITAL MAY OR MAY NOT PARTICIPATE WITH THE SAME HEALTH CARE PLANS AS THE HOSPITAL, AND; (III) THE PROSPECTIVE PATIENT SHOULD CHECK WITH THE PHYSICIAN ARRANGING FOR THE HOSPITAL SERVICES TO DETERMINE THE HEALTH CARE PLANS IN WHICH THE PHYSICIAN PARTICIPATES; (C) AS APPLICA- BLE, THE NAME, MAILING ADDRESS AND TELEPHONE NUMBER OF THE PHYSICIAN GROUPS THAT THE HOSPITAL HAS CONTRACTED WITH TO PROVIDE SERVICES INCLUD- ING ANESTHESIOLOGY, PATHOLOGY OR RADIOLOGY, AND INSTRUCTIONS HOW TO CONTACT THESE GROUPS TO DETERMINE THE HEALTH CARE PLAN PARTICIPATION OF THE PHYSICIANS IN THESE GROUPS; AND (D) AS APPLICABLE, THE NAME, MAILING ADDRESS, AND TELEPHONE NUMBER OF PHYSICIANS EMPLOYED BY THE HOSPITAL AND WHOSE SERVICES MAY BE PROVIDED AT THE HOSPITAL, AND THE HEALTH CARE PLANS IN WHICH THEY PARTICIPATE. 7. IN REGISTRATION OR ADMISSION MATERIALS PROVIDED IN ADVANCE OF NON- EMERGENCY HOSPITAL SERVICES, A HOSPITAL SHALL: (A) ADVISE THE PATIENT OR PROSPECTIVE PATIENT TO CHECK WITH THE PHYSICIAN ARRANGING THE HOSPITAL SERVICES TO DETERMINE: (I) THE NAME, PRACTICE NAME, MAILING ADDRESS AND TELEPHONE NUMBER OF ANY OTHER PHYSICIAN WHOSE SERVICES WILL BE ARRANGED BY THE PHYSICIAN; AND (II) WHETHER THE SERVICES OF PHYSICIANS WHO ARE EMPLOYED OR CONTRACTED BY THE HOSPITAL TO PROVIDE SERVICES INCLUDING ANESTHESIOLOGY, PATHOLOGY AND/OR RADIOLOGY ARE REASONABLY ANTICIPATED TO BE PROVIDED TO THE PATIENT; AND (B) PROVIDE PATIENTS OR PROSPECTIVE PATIENTS WITH INFORMATION AS TO HOW TO TIMELY DETERMINE THE HEALTH CARE PLANS PARTICIPATED IN BY PHYSICIANS WHO ARE REASONABLY ANTICIPATED TO PROVIDE SERVICES TO THE PATIENT AT THE HOSPITAL, AS DETERMINED BY THE PHYSICIAN ARRANGING THE PATIENT'S HOSPITAL SERVICES, AND WHO ARE EMPLOY- EES OF THE HOSPITAL OR CONTRACTED BY THE HOSPITAL TO PROVIDE SERVICES INCLUDING ANESTHESIOLOGY, RADIOLOGY AND/OR PATHOLOGY. 8. FOR PURPOSES OF THIS SUBDIVISION: (A) "HEALTH CARE PLAN" MEANS A HEALTH INSURER INCLUDING AN INSURER LICENSED TO WRITE ACCIDENT AND HEALTH INSURANCE SUBJECT TO ARTICLE THIR- TY-TWO OF THE INSURANCE LAW; A CORPORATION ORGANIZED PURSUANT TO ARTICLE FORTY-THREE OF THE INSURANCE LAW; A MUNICIPAL COOPERATIVE HEALTH BENEFIT PLAN CERTIFIED PURSUANT TO ARTICLE FORTY-SEVEN OF THE INSURANCE LAW; A HEALTH MAINTENANCE ORGANIZATION CERTIFIED PURSUANT TO ARTICLE FORTY-FOUR OF THIS CHAPTER; A STUDENT HEALTH PLAN ESTABLISHED OR MAINTAINED PURSU- ANT TO SECTION ONE THOUSAND ONE HUNDRED TWENTY-FOUR OF THE INSURANCE LAW OR A SELF-FUNDED EMPLOYEE WELFARE BENEFIT PLAN. S. 6357--A 73 A. 8557--A (B) "HEALTH CARE PROFESSIONAL" MEANS AN APPROPRIATELY LICENSED, REGIS- TERED OR CERTIFIED HEALTH CARE PROFESSIONAL PURSUANT TO TITLE EIGHT OF THE EDUCATION LAW. S 17-a. Paragraph (a) of subdivision 6 of section 4403 of the public health law, as added by chapter 705 of the laws of 1996, is amended to read as follows: (a) If a health maintenance organization determines that it does not have a health care provider with appropriate training and experience in its panel or network to meet the particular health care needs of an enrollee, the health maintenance organization shall make a referral to an appropriate provider, pursuant to a treatment plan approved by the health maintenance organization in consultation with the primary care provider, the non-participating provider and the enrollee or enrollee's designee, at no additional cost to the enrollee beyond what the enrollee would otherwise pay for services received within the network. NOTHING IN THIS PARAGRAPH SHALL BE CONSTRUED TO ENTITLE AN ENROLLEE TO A REFERRAL TO THE ENROLLEE'S PREFERRED PROVIDER, WHERE THAT PROVIDER IS OUT-OF-NET- WORK. THE PROVISIONS OF THIS PARAGRAPH SHALL ONLY APPLY IF THERE IS NO IN-NETWORK PROVIDER GEOGRAPHICALLY ACCESSIBLE TO THE ENROLLEE WHO HAS THE APPROPRIATE ESSENTIAL LEVEL OF TRAINING AND EXPERIENCE TO MEET THE PARTICULAR NEEDS OF THE ENROLLEE. S 18. Paragraphs (k), (p-1), (q) and (r) of subdivision 1 of section 4408 of the public health law, paragraphs (k), (q) and (r) as added by chapter 705 of the laws of 1996, and paragraph (p-1) as added by chapter 554 of the laws of 2002, are amended and three new paragraphs (s), (t) and (u) are added to read as follows: (k) notice that an enrollee may obtain a referral to a health care provider outside of the health maintenance organization's network or panel when the health maintenance organization does not have a health care provider [with] WHO IS GEOGRAPHICALLY ACCESSIBLE TO THE ENROLLEE AND WHO HAS appropriate ESSENTIAL LEVEL OF training and experience in the network or panel to meet the particular health care needs of the enrollee and the procedure by which the enrollee can obtain such refer- ral; (p-1) notice that an enrollee shall have direct access to primary and preventive obstetric and gynecologic services, INCLUDING ANNUAL EXAMINA- TIONS, CARE RESULTING FROM SUCH ANNUAL EXAMINATIONS, AND TREATMENT OF ACUTE GYNECOLOGIC CONDITIONS, from a qualified provider of such services of her choice from within the plan [for no fewer than two examinations annually for such services] or [to] FOR any care related to A pregnancy [and that additionally, the enrollee shall have direct access to primary and preventive obstetric and gynecologic services required as a result of such annual examinations or as a result of an acute gynecologic condition]; (q) notice of all appropriate mailing addresses and telephone numbers to be utilized by enrollees seeking information or authorization; [and] (r) a listing by specialty, which may be in a separate document that is updated annually, of the name, address and telephone number of all participating providers, including facilities, and, in addition, in the case of physicians, board certification[.], LANGUAGES SPOKEN AND ANY AFFILIATIONS WITH PARTICIPATING HOSPITALS. THE LISTING SHALL ALSO BE POSTED ON THE HEALTH MAINTENANCE ORGANIZATION'S WEBSITE AND THE HEALTH MAINTENANCE ORGANIZATION SHALL UPDATE THE WEBSITE WITHIN FIFTEEN DAYS OF THE ADDITION OR TERMINATION OF A PROVIDER FROM THE HEALTH MAINTENANCE ORGANIZATION'S NETWORK OR A CHANGE IN A PHYSICIAN'S HOSPITAL AFFIL- IATION; S. 6357--A 74 A. 8557--A (S) WHERE APPLICABLE, A DESCRIPTION OF THE METHOD BY WHICH AN ENROLLEE MAY SUBMIT A CLAIM FOR HEALTH CARE SERVICES; (T) WHERE APPLICABLE, WITH RESPECT TO OUT-OF-NETWORK COVERAGE: (I) A CLEAR DESCRIPTION OF THE METHODOLOGY USED BY THE HEALTH MAINTE- NANCE ORGANIZATION TO DETERMINE REIMBURSEMENT FOR OUT-OF-NETWORK HEALTH CARE SERVICES; (II) A DESCRIPTION OF THE AMOUNT THAT THE HEALTH MAINTENANCE ORGANIZA- TION WILL REIMBURSE UNDER THE METHODOLOGY FOR OUT-OF-NETWORK HEALTH CARE SERVICES SET FORTH AS A PERCENTAGE OF THE USUAL AND CUSTOMARY COST FOR OUT-OF-NETWORK HEALTH CARE SERVICES; (III) EXAMPLES OF ANTICIPATED OUT-OF-POCKET COSTS FOR FREQUENTLY BILLED OUT-OF-NETWORK HEALTH CARE SERVICES; AND (U) INFORMATION IN WRITING AND THROUGH AN INTERNET WEBSITE THAT REASONABLY PERMITS AN ENROLLEE OR PROSPECTIVE ENROLLEE TO DETERMINE THE ANTICIPATED OUT-OF-POCKET COST FOR OUT-OF-NETWORK HEALTH CARE SERVICES IN A GEOGRAPHICAL AREA OR ZIP CODE BASED UPON THE DIFFERENCE BETWEEN WHAT THE HEALTH MAINTENANCE ORGANIZATION WILL REIMBURSE FOR OUT-OF-NET- WORK HEALTH CARE SERVICES AND THE USUAL AND CUSTOMARY COST FOR OUT-OF-NETWORK HEALTH CARE SERVICES. S 19. Paragraphs (k) and (l) of subdivision 2 of section 4408 of the public health law, as added by chapter 705 of the laws of 1996, are amended and two new paragraphs (m) and (n) are added to read as follows: (k) provide the written application procedures and minimum qualifica- tion requirements for health care providers to be considered by the health maintenance organization; [and] (1) disclose other information as required by the commissioner, provided that such requirements are promulgated pursuant to the state administrative procedure act[.]; (M) DISCLOSE WHETHER A HEALTH CARE PROVIDER SCHEDULED TO PROVIDE A HEALTH CARE SERVICE IS AN IN-NETWORK PROVIDER; AND (N) WHERE APPLICABLE, WITH RESPECT TO OUT-OF-NETWORK COVERAGE, DISCLOSE THE DOLLAR AMOUNT THAT THE HEALTH MAINTENANCE ORGANIZATION WILL PAY FOR A SPECIFIC OUT-OF-NETWORK HEALTH CARE SERVICE. S 20. Section 4408 of the public health law is amended by adding a new subdivision 7 to read as follows: 7. FOR PURPOSES OF THIS SECTION, "USUAL AND CUSTOMARY COST" SHALL MEAN THE EIGHTIETH PERCENTILE OF ALL CHARGES FOR THE PARTICULAR HEALTH CARE SERVICE PERFORMED BY A PROVIDER IN THE SAME OR SIMILAR SPECIALTY AND PROVIDED IN THE SAME GEOGRAPHICAL AREA AS REPORTED IN A BENCHMARKING DATABASE MAINTAINED BY A NONPROFIT ORGANIZATION SPECIFIED BY THE SUPER- INTENDENT OF FINANCIAL SERVICES. THE NONPROFIT ORGANIZATION SHALL NOT BE AFFILIATED WITH AN INSURER, A CORPORATION SUBJECT TO ARTICLE FORTY-THREE OF THE INSURANCE LAW, A MUNICIPAL COOPERATIVE HEALTH BENEFIT PLAN CERTI- FIED PURSUANT TO ARTICLE FORTY-SEVEN OF THE INSURANCE LAW, OR A HEALTH MAINTENANCE ORGANIZATION CERTIFIED PURSUANT TO THIS ARTICLE. S 21. Subdivision 7-g of section 4900 of the public health law is renumbered subdivision 7-h and a new subdivision 7-g is added to read as follows: 7-G. "OUT-OF-NETWORK REFERRAL DENIAL" MEANS A DENIAL OF A REQUEST FOR AN AUTHORIZATION OR REFERRAL TO AN OUT-OF-NETWORK PROVIDER ON THE BASIS THAT THE HEALTH CARE PLAN HAS A HEALTH CARE PROVIDER IN THE IN-NETWORK BENEFITS PORTION OF ITS NETWORK WITH APPROPRIATE TRAINING AND EXPERIENCE TO MEET THE PARTICULAR HEALTH CARE NEEDS OF AN ENROLLEE, AND WHO IS ABLE TO PROVIDE THE REQUESTED HEALTH SERVICE. THE NOTICE OF AN OUT-OF-NETWORK REFERRAL DENIAL PROVIDED TO AN ENROLLEE SHALL INCLUDE INFORMATION EXPLAINING WHAT INFORMATION THE ENROLLEE MUST SUBMIT IN ORDER TO APPEAL S. 6357--A 75 A. 8557--A THE OUT-OF-NETWORK REFERRAL DENIAL PURSUANT TO SUBDIVISION ONE-B OF SECTION FOUR THOUSAND NINE HUNDRED FOUR OF THIS ARTICLE. AN OUT-OF-NET- WORK REFERRAL DENIAL UNDER THIS SUBDIVISION DOES NOT CONSTITUTE AN ADVERSE DETERMINATION AS DEFINED IN THIS ARTICLE. AN OUT-OF-NETWORK REFERRAL DENIAL SHALL NOT BE CONSTRUED TO INCLUDE AN OUT-OF-NETWORK DENIAL AS DEFINED IN SUBDIVISION SEVEN-F OF THIS SECTION. S 22. Subdivision 2 of section 4903 of the public health law, as amended by chapter 514 of the laws of 2013, is amended to read as follows: 2. A utilization review agent shall make a utilization review determi- nation involving health care services which require pre-authorization and provide notice of a determination to the enrollee or enrollee's designee and the enrollee's health care provider by telephone and in writing within three business days of receipt of the necessary informa- tion. To the extent practicable, such written notification to the enrollee's health care provider shall be transmitted electronically, in a manner and in a form agreed upon by the parties. THE NOTIFICATION SHALL IDENTIFY; (A) WHETHER THE SERVICES ARE CONSIDERED IN-NETWORK OR OUT-OF-NETWORK; (B) AND WHETHER THE ENROLLEE WILL BE HELD HARMLESS FOR THE SERVICES AND NOT BE RESPONSIBLE FOR ANY PAYMENT, OTHER THAN ANY APPLICABLE CO-PAYMENT OR CO-INSURANCE; (C) AS APPLICABLE, THE DOLLAR AMOUNT THE HEALTH CARE PLAN WILL PAY IF THE SERVICE IS OUT-OF-NETWORK; AND (D) AS APPLICABLE, INFORMATION EXPLAINING HOW AN ENROLLEE MAY DETER- MINE THE ANTICIPATED OUT-OF-POCKET COST FOR OUT-OF-NETWORK HEALTH CARE SERVICES IN A GEOGRAPHICAL AREA OR ZIP CODE BASED UPON THE DIFFERENCE BETWEEN WHAT THE HEALTH CARE PLAN WILL REIMBURSE FOR OUT-OF-NETWORK HEALTH CARE SERVICES AND THE USUAL AND CUSTOMARY COST FOR OUT-OF-NETWORK HEALTH CARE SERVICES. S 23. Section 4904 of the public health law is amended by adding a new subdivision 1-b to read as follows: 1-B. AN ENROLLEE OR THE ENROLLEE'S DESIGNEE MAY APPEAL A DENIAL OF AN OUT-OF-NETWORK REFERRAL BY A HEALTH CARE PLAN BY SUBMITTING A WRITTEN STATEMENT FROM THE ENROLLEE'S ATTENDING PHYSICIAN, WHO MUST BE A LICENSED, BOARD CERTIFIED OR BOARD ELIGIBLE PHYSICIAN QUALIFIED TO PRAC- TICE IN THE SPECIALTY AREA OF PRACTICE APPROPRIATE TO TREAT THE ENROLLEE FOR THE HEALTH SERVICE SOUGHT, PROVIDED THAT: (A) THE IN-NETWORK HEALTH CARE PROVIDER OR PROVIDERS RECOMMENDED BY THE HEALTH CARE PLAN DO NOT HAVE THE APPROPRIATE TRAINING AND EXPERIENCE TO MEET THE PARTICULAR HEALTH CARE NEEDS OF THE ENROLLEE FOR THE HEALTH SERVICE; AND (B) RECOM- MENDS AN OUT-OF-NETWORK PROVIDER WITH THE APPROPRIATE TRAINING AND EXPE- RIENCE TO MEET THE PARTICULAR HEALTH CARE NEEDS OF THE ENROLLEE, AND WHO IS ABLE TO PROVIDE THE REQUESTED HEALTH SERVICE. S 24. Subdivision 2 of section 4910 of the public health law is amended by adding a new paragraph (d) to read as follows: (D)(I) THE ENROLLEE HAS HAD AN OUT-OF-NETWORK REFERRAL DENIED ON THE GROUNDS THAT THE HEALTH CARE PLAN HAS A HEALTH CARE PROVIDER IN THE IN-NETWORK BENEFITS PORTION OF ITS NETWORK WITH APPROPRIATE TRAINING AND EXPERIENCE TO MEET THE PARTICULAR HEALTH CARE NEEDS OF AN ENROLLEE, AND WHO IS ABLE TO PROVIDE THE REQUESTED HEALTH SERVICE. (II) THE ENROLLEE'S ATTENDING PHYSICIAN, WHO SHALL BE A LICENSED, BOARD CERTIFIED OR BOARD ELIGIBLE PHYSICIAN QUALIFIED TO PRACTICE IN THE SPECIALTY AREA OF PRACTICE APPROPRIATE TO TREAT THE ENROLLEE FOR THE HEALTH SERVICE SOUGHT, CERTIFIES THAT THE IN-NETWORK HEALTH CARE PROVID- ER OR PROVIDERS RECOMMENDED BY THE HEALTH CARE PLAN DO NOT HAVE THE APPROPRIATE TRAINING AND EXPERIENCE TO MEET THE PARTICULAR HEALTH CARE NEEDS OF AN ENROLLEE, AND RECOMMENDS AN OUT-OF-NETWORK PROVIDER WITH THE S. 6357--A 76 A. 8557--A APPROPRIATE TRAINING AND EXPERIENCE TO MEET THE PARTICULAR HEALTH CARE NEEDS OF AN ENROLLEE, AND WHO IS ABLE TO PROVIDE THE REQUESTED HEALTH SERVICE. S 25. Paragraph (d) of subdivision 2 of section 4914 of the public health law is amended by adding a new subparagraph (D) to read as follows: (D) FOR EXTERNAL APPEALS REQUESTED PURSUANT TO PARAGRAPH (D) OF SUBDI- VISION TWO OF SECTION FOUR THOUSAND NINE HUNDRED TEN OF THIS TITLE RELATING TO AN OUT-OF-NETWORK REFERRAL DENIAL, THE EXTERNAL APPEAL AGENT SHALL REVIEW THE UTILIZATION REVIEW AGENT'S FINAL ADVERSE DETERMINATION AND, IN ACCORDANCE WITH THE PROVISIONS OF THIS TITLE, SHALL MAKE A DETERMINATION AS TO WHETHER THE OUT-OF-NETWORK REFERRAL SHALL BE COVERED BY THE HEALTH PLAN; PROVIDED THAT SUCH DETERMINATION SHALL: (I) BE CONDUCTED ONLY BY ONE OR A GREATER ODD NUMBER OF CLINICAL PEER REVIEWERS; (II) BE ACCOMPANIED BY A WRITTEN STATEMENT: (1) THAT THE OUT-OF-NETWORK REFERRAL SHALL BE COVERED BY THE HEALTH CARE PLAN EITHER WHEN THE REVIEWER OR A MAJORITY OF THE PANEL OF REVIEW- ERS DETERMINES, UPON REVIEW OF THE TRAINING AND EXPERIENCE OF THE IN-NETWORK HEALTH CARE PROVIDER OR PROVIDERS PROPOSED BY THE PLAN, THE TRAINING AND EXPERIENCE OF THE REQUESTED OUT-OF-NETWORK PROVIDER, THE CLINICAL STANDARDS OF THE PLAN, THE INFORMATION PROVIDED CONCERNING THE ENROLLEE, THE ATTENDING PHYSICIAN'S RECOMMENDATION, THE ENROLLEE'S MEDICAL RECORD, AND ANY OTHER PERTINENT INFORMATION, THAT THE HEALTH PLAN DOES NOT HAVE A PROVIDER WITH THE APPROPRIATE TRAINING AND EXPERI- ENCE TO MEET THE PARTICULAR HEALTH CARE NEEDS OF AN ENROLLEE WHO IS ABLE TO PROVIDE THE REQUESTED HEALTH SERVICE, AND THAT THE OUT-OF-NETWORK PROVIDER HAS THE APPROPRIATE TRAINING AND EXPERIENCE TO MEET THE PARTIC- ULAR HEALTH CARE NEEDS OF AN ENROLLEE, IS ABLE TO PROVIDE THE REQUESTED HEALTH SERVICE, AND IS LIKELY TO PRODUCE A MORE CLINICALLY BENEFICIAL OUTCOME; OR (2) UPHOLDING THE HEALTH PLAN'S DENIAL OF COVERAGE; (III) BE SUBJECT TO THE TERMS AND CONDITIONS GENERALLY APPLICABLE TO BENEFITS UNDER THE EVIDENCE OF COVERAGE UNDER THE HEALTH CARE PLAN; (IV) BE BINDING ON THE PLAN AND THE ENROLLEE; AND (V) BE ADMISSIBLE IN ANY COURT PROCEEDING. S 26. The financial services law is amended by adding a new article 6 to read as follows: ARTICLE 6 EMERGENCY MEDICAL SERVICES AND SURPRISE BILLS SECTION 601. DISPUTE RESOLUTION PROCESS ESTABLISHED. 602. APPLICABILITY. 603. DEFINITIONS. 604. CRITERIA FOR DETERMINING A REASONABLE FEE. 605. DISPUTE RESOLUTION FOR EMERGENCY SERVICES. 606. HOLD HARMLESS AND ASSIGNMENT OF BENEFITS FOR SURPRISE BILLS FOR INSUREDS. 607. DISPUTE RESOLUTION FOR SURPRISE BILLS. 608. PAYMENT FOR INDEPENDENT DISPUTE RESOLUTION ENTITY. S 601. DISPUTE RESOLUTION PROCESS ESTABLISHED. THE SUPERINTENDENT SHALL ESTABLISH A DISPUTE RESOLUTION PROCESS BY WHICH A DISPUTE FOR A BILL FOR EMERGENCY SERVICES OR A SURPRISE BILL MAY BE RESOLVED. THE SUPERINTENDENT SHALL HAVE THE POWER TO GRANT AND REVOKE CERTIFICATIONS OF INDEPENDENT DISPUTE RESOLUTION ENTITIES TO CONDUCT THE DISPUTE RESOL- UTION PROCESS. THE SUPERINTENDENT SHALL PROMULGATE REGULATIONS ESTAB- LISHING STANDARDS FOR THE DISPUTE RESOLUTION PROCESS, INCLUDING A PROC- S. 6357--A 77 A. 8557--A ESS FOR CERTIFYING AND SELECTING INDEPENDENT DISPUTE RESOLUTION ENTITIES. S 602. APPLICABILITY. THIS ARTICLE SHALL NOT APPLY TO HEALTH CARE SERVICES, INCLUDING EMERGENCY SERVICES, WHERE PHYSICIAN FEES ARE SUBJECT TO SCHEDULES OR OTHER MONETARY LIMITATIONS UNDER ANY OTHER LAW, INCLUD- ING THE WORKERS' COMPENSATION LAW AND ARTICLE FIFTY-ONE OF THE INSURANCE LAW, AND SHALL NOT PREEMPT ANY SUCH LAW. S 603. DEFINITIONS. FOR THE PURPOSES OF THIS ARTICLE: (A) "EMERGENCY CONDITION" MEANS A MEDICAL OR BEHAVIORAL CONDITION THAT MANIFESTS ITSELF BY ACUTE SYMPTOMS OF SUFFICIENT SEVERITY, INCLUDING SEVERE PAIN, SUCH THAT A PRUDENT LAYPERSON, POSSESSING AN AVERAGE KNOW- LEDGE OF MEDICINE AND HEALTH, COULD REASONABLY EXPECT THE ABSENCE OF IMMEDIATE MEDICAL ATTENTION TO RESULT IN : (1) PLACING THE HEALTH OF THE PERSON AFFLICTED WITH SUCH CONDITION IN SERIOUS JEOPARDY, OR IN THE CASE OF A BEHAVIORAL CONDITION PLACING THE HEALTH OF SUCH PERSON OR OTHERS IN SERIOUS JEOPARDY; (2) SERIOUS IMPAIRMENT TO SUCH PERSON'S BODILY FUNC- TIONS; (3) SERIOUS DYSFUNCTION OF ANY BODILY ORGAN OR PART OF SUCH PERSON; (4) SERIOUS DISFIGUREMENT OF SUCH PERSON; OR (5) A CONDITION DESCRIBED IN CLAUSE (I), (II) OR (III) OF SECTION 1867(E)(1)(A) OF THE SOCIAL SECURITY ACT 42 U.S.C. S 1395DD. (B) "EMERGENCY SERVICES" MEANS, WITH RESPECT TO AN EMERGENCY CONDI- TION: (1) A MEDICAL SCREENING EXAMINATION AS REQUIRED UNDER SECTION 1867 OF THE SOCIAL SECURITY ACT, 42 U.S.C. S 1395DD, WHICH IS WITHIN THE CAPABILITY OF THE EMERGENCY DEPARTMENT OF A HOSPITAL, INCLUDING ANCIL- LARY SERVICES ROUTINELY AVAILABLE TO THE EMERGENCY DEPARTMENT TO EVALU- ATE SUCH EMERGENCY MEDICAL CONDITION; AND (2) WITHIN THE CAPABILITIES OF THE STAFF AND FACILITIES AVAILABLE AT THE HOSPITAL, SUCH FURTHER MEDICAL EXAMINATION AND TREATMENT AS ARE REQUIRED UNDER SECTION 1867 OF THE SOCIAL SECURITY ACT, 42 U.S.C. S 1395DD, TO STABILIZE THE PATIENT. (C) "HEALTH CARE PLAN" MEANS AN INSURER LICENSED TO WRITE ACCIDENT AND HEALTH INSURANCE PURSUANT TO ARTICLE THIRTY-TWO OF THE INSURANCE LAW; A CORPORATION ORGANIZED PURSUANT TO ARTICLE FORTY-THREE OF THE INSURANCE LAW; A MUNICIPAL COOPERATIVE HEALTH BENEFIT PLAN CERTIFIED PURSUANT TO ARTICLE FORTY-SEVEN OF THE INSURANCE LAW; A HEALTH MAINTENANCE ORGANIZA- TION CERTIFIED PURSUANT TO ARTICLE FORTY-FOUR OF THE PUBLIC HEALTH LAW; OR A STUDENT HEALTH PLAN ESTABLISHED OR MAINTAINED PURSUANT TO SECTION ONE THOUSAND ONE HUNDRED TWENTY-FOUR OF THE INSURANCE LAW. (D) "INSURED" MEANS A PATIENT COVERED UNDER A HEALTH CARE PLAN'S POLI- CY OR CONTRACT. (E) "NON-PARTICIPATING" MEANS NOT HAVING A CONTRACT WITH A HEALTH CARE PLAN TO PROVIDE HEALTH CARE SERVICES TO AN INSURED. (F) "PARTICIPATING" MEANS HAVING A CONTRACT WITH A HEALTH CARE PLAN TO PROVIDE HEALTH CARE SERVICES TO AN INSURED. (G) "PATIENT" MEANS A PERSON WHO RECEIVES HEALTH CARE SERVICES, INCLUDING EMERGENCY SERVICES, IN THIS STATE. (H) "SURPRISE BILL" MEANS A BILL FOR HEALTH CARE SERVICES, OTHER THAN EMERGENCY SERVICES, RECEIVED BY: (1) AN INSURED FOR SERVICES RENDERED BY A NON-PARTICIPATING PHYSICIAN AT A PARTICIPATING HOSPITAL OR AMBULATORY SURGICAL CENTER, WHERE A PARTICIPATING PHYSICIAN IS UNAVAILABLE AT THE TIME THE HEALTH CARE SERVICES ARE RENDERED; PROVIDED, HOWEVER, THAT A SURPRISE BILL SHALL NOT MEAN A BILL RECEIVED FOR HEALTH CARE SERVICES WHEN A PARTICIPATING PHYSICIAN IS AVAILABLE AND THE INSURED HAS ELECTED TO OBTAIN SERVICES FROM A NON-PARTICIPATING PHYSICIAN; OR (2) A PATIENT WHO IS NOT AN INSURED FOR SERVICES RENDERED BY A PHYSI- CIAN AT A HOSPITAL OR AMBULATORY SURGICAL CENTER, WHERE THE PATIENT HAS S. 6357--A 78 A. 8557--A NOT TIMELY RECEIVED ALL OF THE DISCLOSURES REQUIRED PURSUANT TO SECTION TWENTY-FOUR OF THE PUBLIC HEALTH LAW. (I) "USUAL AND CUSTOMARY COST" MEANS THE EIGHTIETH PERCENTILE OF ALL CHARGES FOR THE PARTICULAR HEALTH CARE SERVICE PERFORMED BY A PROVIDER IN THE SAME OR SIMILAR SPECIALTY AND PROVIDED IN THE SAME GEOGRAPHICAL AREA AS REPORTED IN A BENCHMARKING DATABASE MAINTAINED BY A NONPROFIT ORGANIZATION SPECIFIED BY THE SUPERINTENDENT. THE NONPROFIT ORGANIZATION SHALL NOT BE AFFILIATED WITH AN INSURER, A CORPORATION SUBJECT TO ARTI- CLE FORTY-THREE OF THE INSURANCE LAW, A MUNICIPAL COOPERATIVE HEALTH BENEFIT PLAN CERTIFIED PURSUANT TO ARTICLE FORTY-SEVEN OF THE INSURANCE LAW, OR A HEALTH MAINTENANCE ORGANIZATION CERTIFIED PURSUANT TO ARTICLE FORTY-FOUR OF THE PUBLIC HEALTH LAW. S 604. CRITERIA FOR DETERMINING A REASONABLE FEE. IN DETERMINING THE APPROPRIATE AMOUNT TO PAY FOR A HEALTH CARE SERVICE, AN INDEPENDENT DISPUTE RESOLUTION ENTITY SHALL CONSIDER ALL RELEVANT FACTORS, INCLUD- ING: (A) WHETHER THERE IS A GROSS DISPARITY BETWEEN THE FEE CHARGED BY THE PHYSICIAN FOR SERVICES RENDERED AS COMPARED TO: (1) FEES PAID TO THE INVOLVED PHYSICIAN FOR THE SAME SERVICES RENDERED BY THE PHYSICIAN TO OTHER PATIENTS IN HEALTH CARE PLANS IN WHICH THE PHYSICIAN IS NOT PARTICIPATING, AND (2) IN THE CASE OF A DISPUTE INVOLVING A HEALTH CARE PLAN, FEES PAID BY THE HEALTH CARE PLAN TO REIMBURSE SIMILARLY QUALIFIED PHYSICIANS FOR THE SAME SERVICES IN THE SAME REGION WHO ARE NOT PARTICIPATING WITH THE HEALTH CARE PLAN; (B) THE LEVEL OF TRAINING, EDUCATION AND EXPERIENCE OF THE PHYSICIAN; (C) THE PHYSICIAN'S USUAL CHARGE FOR COMPARABLE SERVICES WITH REGARD TO PATIENTS IN HEALTH CARE PLANS IN WHICH THE PHYSICIAN IS NOT PARTIC- IPATING; (D) THE CIRCUMSTANCES AND COMPLEXITY OF THE PARTICULAR CASE, INCLUDING TIME AND PLACE OF THE SERVICE; (E) INDIVIDUAL PATIENT CHARACTERISTICS; AND (F) THE USUAL AND CUSTOMARY COST OF THE SERVICE. S 605. DISPUTE RESOLUTION FOR EMERGENCY SERVICES. (A) EMERGENCY SERVICES FOR AN INSURED. (1) WHEN A HEALTH CARE PLAN RECEIVES A BILL FOR EMERGENCY SERVICES FROM A NON-PARTICIPATING PHYSICIAN, THE HEALTH CARE PLAN SHALL PAY AN AMOUNT THAT IT DETERMINES IS REASONABLE FOR THE EMER- GENCY SERVICES RENDERED BY THE NON-PARTICIPATING PHYSICIAN, IN ACCORD- ANCE WITH SECTION THREE THOUSAND TWO HUNDRED TWENTY-FOUR-A OF THE INSUR- ANCE LAW, EXCEPT FOR THE INSURED'S CO-PAYMENT, COINSURANCE OR DEDUCTIBLE, IF ANY, AND SHALL ENSURE THAT THE INSURED SHALL INCUR NO GREATER OUT-OF-POCKET COSTS FOR THE EMERGENCY SERVICES THAN THE INSURED WOULD HAVE INCURRED WITH A PARTICIPATING PHYSICIAN PURSUANT TO SUBSECTION (C) OF SECTION THREE THOUSAND TWO HUNDRED FORTY-ONE OF THE INSURANCE LAW. (2) A NON-PARTICIPATING PHYSICIAN OR A HEALTH CARE PLAN MAY SUBMIT A DISPUTE REGARDING A FEE OR PAYMENT FOR EMERGENCY SERVICES FOR REVIEW TO AN INDEPENDENT DISPUTE RESOLUTION ENTITY. (3) IN DETERMINING A REASONABLE FEE FOR THE SERVICES RENDERED, AN INDEPENDENT DISPUTE RESOLUTION ENTITY SHALL SELECT EITHER THE HEALTH CARE PLAN'S PAYMENT OR THE NON-PARTICIPATING PHYSICIAN'S FEE. THE INDE- PENDENT DISPUTE RESOLUTION ENTITY SHALL DETERMINE WHICH AMOUNT TO SELECT BASED UPON THE CONDITIONS AND FACTORS SET FORTH IN SECTION SIX HUNDRED FOUR OF THIS ARTICLE. (B) EMERGENCY SERVICES FOR A PATIENT THAT IS NOT AN INSURED. (1) A PATIENT THAT IS NOT AN INSURED OR THE PATIENT'S PHYSICIAN MAY SUBMIT A S. 6357--A 79 A. 8557--A DISPUTE REGARDING A FEE FOR EMERGENCY SERVICES FOR REVIEW TO AN INDE- PENDENT DISPUTE RESOLUTION ENTITY UPON APPROVAL OF THE SUPERINTENDENT. (2) AN INDEPENDENT DISPUTE RESOLUTION ENTITY SHALL DETERMINE A REASON- ABLE FEE FOR THE SERVICES BASED UPON THE SAME CONDITIONS AND FACTORS SET FORTH IN SECTION SIX HUNDRED FOUR OF THIS ARTICLE. (3) A PATIENT THAT IS NOT AN INSURED SHALL NOT BE REQUIRED TO PAY THE PHYSICIAN'S FEE IN ORDER TO BE ELIGIBLE TO SUBMIT THE DISPUTE FOR REVIEW TO AN INDEPENDENT DISPUTE RESOLUTION ENTITY. (C) THE DETERMINATION OF AN INDEPENDENT DISPUTE RESOLUTION ENTITY SHALL BE BINDING ON THE HEALTH CARE PLAN, PHYSICIAN AND PATIENT, AND SHALL BE ADMISSIBLE IN ANY COURT PROCEEDING BETWEEN THE HEALTH CARE PLAN, PHYSICIAN OR PATIENT, OR IN ANY ADMINISTRATIVE PROCEEDING BETWEEN THIS STATE AND THE PHYSICIAN. S 606. HOLD HARMLESS AND ASSIGNMENT OF BENEFITS FOR SURPRISE BILLS FOR INSUREDS. WHEN AN INSURED ASSIGNS BENEFITS FOR A SURPRISE BILL IN WRIT- ING TO A NON-PARTICIPATING PHYSICIAN THAT KNOWS THE INSURED IS INSURED UNDER A HEALTH CARE PLAN, THE NON-PARTICIPATING PHYSICIAN SHALL NOT BILL THE INSURED EXCEPT FOR ANY APPLICABLE COPAYMENT, COINSURANCE OR DEDUCT- IBLE THAT WOULD BE OWED IF THE INSURED UTILIZED A PARTICIPATING PHYSI- CIAN. S 607. DISPUTE RESOLUTION FOR SURPRISE BILLS. (A) SURPRISE BILL RECEIVED BY AN INSURED WHO ASSIGNS BENEFITS. (1) IF AN INSURED ASSIGNS BENEFITS TO A NON-PARTICIPATING PHYSICIAN, THE HEALTH CARE PLAN SHALL PAY THE NON-PARTICIPATING PHYSICIAN IN ACCORDANCE WITH PARAGRAPHS TWO AND THREE OF THIS SUBSECTION. (2) THE NON-PARTICIPATING PHYSICIAN MAY BILL THE HEALTH CARE PLAN FOR THE HEALTH CARE SERVICES RENDERED, AND THE HEALTH CARE PLAN SHALL PAY THE NON-PARTICIPATING PHYSICIAN THE BILLED AMOUNT OR ATTEMPT TO NEGOTI- ATE REIMBURSEMENT WITH THE NON-PARTICIPATING PHYSICIAN. (3) IF THE HEALTH CARE PLAN'S ATTEMPTS TO NEGOTIATE REIMBURSEMENT FOR HEALTH CARE SERVICES PROVIDED BY A NON-PARTICIPATING PHYSICIAN DOES NOT RESULT IN A RESOLUTION OF THE PAYMENT DISPUTE BETWEEN THE NON-PARTICI- PATING PHYSICIAN AND THE HEALTH CARE PLAN, THE HEALTH CARE PLAN SHALL PAY THE NON-PARTICIPATING PHYSICIAN AN AMOUNT THE HEALTH CARE PLAN DETERMINES IS REASONABLE FOR THE HEALTH CARE SERVICES RENDERED, EXCEPT FOR THE INSURED'S COPAYMENT, COINSURANCE OR DEDUCTIBLE, IN ACCORDANCE WITH SECTION THREE THOUSAND TWO HUNDRED TWENTY-FOUR-A OF THE INSURANCE LAW. (4) EITHER THE HEALTH CARE PLAN OR THE NON-PARTICIPATING PHYSICIAN MAY SUBMIT THE DISPUTE REGARDING THE SURPRISE BILL FOR REVIEW TO AN INDE- PENDENT DISPUTE RESOLUTION ENTITY, PROVIDED HOWEVER, THE HEALTH CARE PLAN MAY NOT SUBMIT THE DISPUTE UNLESS IT HAS COMPLIED WITH THE REQUIRE- MENTS OF PARAGRAPHS ONE, TWO AND THREE OF THIS SUBSECTION. (5) WHEN DETERMINING A REASONABLE FEE FOR THE SERVICES RENDERED, THE INDEPENDENT DISPUTE RESOLUTION ENTITY SHALL SELECT EITHER THE HEALTH CARE PLAN'S PAYMENT OR THE NON-PARTICIPATING PHYSICIAN'S FEE. AN INDE- PENDENT DISPUTE RESOLUTION ENTITY SHALL DETERMINE WHICH AMOUNT TO SELECT BASED UPON THE CONDITIONS AND FACTORS SET FORTH IN SECTION SIX HUNDRED FOUR OF THIS ARTICLE. (B) SURPRISE BILL RECEIVED BY AN INSURED WHO DOES NOT ASSIGN BENEFITS OR BY A PATIENT WHO IS NOT AN INSURED. (1) AN INSURED WHO DOES NOT ASSIGN BENEFITS IN ACCORDANCE WITH SUBSECTION (A) OF THIS SECTION OR A PATIENT WHO IS NOT AN INSURED AND WHO RECEIVES A SURPRISE BILL MAY SUBMIT A DISPUTE REGARDING THE SURPRISE BILL FOR REVIEW TO AN INDEPEND- ENT DISPUTE RESOLUTION ENTITY. S. 6357--A 80 A. 8557--A (2) THE INDEPENDENT DISPUTE RESOLUTION ENTITY SHALL DETERMINE A REASONABLE FEE FOR THE SERVICES RENDERED BASED UPON THE CONDITIONS AND FACTORS SET FORTH IN SECTION SIX HUNDRED FOUR OF THIS ARTICLE. (3) A PATIENT OR INSURED WHO DOES NOT ASSIGN BENEFITS IN ACCORDANCE WITH SUBSECTION (A) OF THIS SECTION SHALL NOT BE REQUIRED TO PAY THE PHYSICIAN'S FEE TO BE ELIGIBLE TO SUBMIT THE DISPUTE FOR REVIEW TO THE INDEPENDENT DISPUTE ENTITY. (C) THE DETERMINATION OF AN INDEPENDENT DISPUTE RESOLUTION ENTITY SHALL BE BINDING ON THE PATIENT, PHYSICIAN AND HEALTH CARE PLAN, AND SHALL BE ADMISSIBLE IN ANY COURT PROCEEDING BETWEEN THE PATIENT OR INSURED, PHYSICIAN OR HEALTH CARE PLAN, OR IN ANY ADMINISTRATIVE PROCEEDING BETWEEN THIS STATE AND THE PHYSICIAN. S 608. PAYMENT FOR INDEPENDENT DISPUTE RESOLUTION ENTITY. (A) FOR DISPUTES INVOLVING AN INSURED, WHEN THE INDEPENDENT DISPUTE RESOLUTION ENTITY DETERMINES THE HEALTH CARE PLAN'S PAYMENT IS REASONABLE, PAYMENT FOR THE DISPUTE RESOLUTION PROCESS SHALL BE THE RESPONSIBILITY OF THE NON-PARTICIPATING PHYSICIAN. WHEN THE INDEPENDENT DISPUTE RESOLUTION ENTITY DETERMINES THE NON-PARTICIPATING PHYSICIAN'S FEE IS REASONABLE, PAYMENT FOR THE DISPUTE RESOLUTION PROCESS SHALL BE THE RESPONSIBILITY OF THE HEALTH CARE PLAN. (B) FOR DISPUTES INVOLVING A PATIENT THAT IS NOT AN INSURED, WHEN THE INDEPENDENT DISPUTE RESOLUTION ENTITY DETERMINES THE PHYSICIAN'S FEE IS REASONABLE, PAYMENT FOR THE DISPUTE RESOLUTION PROCESS SHALL BE THE RESPONSIBILITY OF THE PATIENT UNLESS PAYMENT FOR THE DISPUTE RESOLUTION PROCESS WOULD POSE A HARDSHIP TO THE PATIENT. THE SUPERINTENDENT SHALL PROMULGATE A REGULATION TO DETERMINE PAYMENT FOR THE DISPUTE RESOLUTION PROCESS IN CASES OF HARDSHIP. WHEN THE INDEPENDENT DISPUTE RESOLUTION ENTITY DETERMINES THE PHYSICIAN'S FEE IS UNREASONABLE, PAYMENT FOR THE DISPUTE RESOLUTION PROCESS SHALL BE THE RESPONSIBILITY OF THE PHYSICIAN. S 27. This act shall take effect one year after it shall have become a law, provided, however, that: 1. if the amendments by chapter 514 of the laws of 2013 made to subsection (b) of section 4903 of the insurance law and subdivision 2 of section 4903 of the public health law, as amended by sections twelve and twenty-two of this act, respectively, take effect after such date, then sections twelve and twenty-two of this act shall take effect on the same date as chapter 514 of the laws of 2013 takes effect; 2. for policies renewed on and after such date this act shall take effect on the renewal date; 3. sections twelve, sixteen, seventeen, twenty-two and twenty-six of this act shall apply to health care services provided on and after such date; 4. sections eleven, thirteen, fourteen, fifteen, twenty-one, twenty- three, twenty-four and twenty-five of this act shall apply to denials issued on and after such date; and 5. effective immediately, the superintendent of financial services may promulgate any regulations necessary for the implementation of the provisions of this act on its effective date, and may certify one or more independent dispute resolution entities. PART V Section 1. The opening paragraph of subsection (k) of section 2101 of the insurance law, as added by chapter 687 of the laws of 2003, is amended to read as follows: S. 6357--A 81 A. 8557--A In this article, "insurance producer" means an insurance agent, TITLE INSURANCE AGENT, TITLE INSURANCE SOLICITOR, insurance broker, reinsur- ance intermediary, excess lines broker, or any other person required to be licensed under the laws of this state to sell, solicit or negotiate insurance. Such term shall not include: S 2. Paragraph 4 of subsection (k) of section 2101 of the insurance law is REPEALED and paragraphs 5, 6, 7, 8, 9, 10, 11, and 12 are renum- bered paragraphs 4, 5, 6, 7, 8, 9, 10, and 11. S 3. Section 2101 of the insurance law is amended by adding 3 new subsections (y), (z), and (aa) to read as follows: (Y) (1) IN THIS CHAPTER, "TITLE INSURANCE AGENT" MEANS ANY AUTHORIZED OR ACKNOWLEDGED AGENT OF A TITLE INSURANCE CORPORATION, AND ANY SUBAGENT OR OTHER REPRESENTATIVE OF SUCH AN AGENT, WHO OR WHICH FOR COMMISSION, COMPENSATION, OR ANY OTHER THING OF VALUE, PERFORMS THE FOLLOWING ACTS IN CONJUNCTION WITH THE ISSUANCE OF A TITLE INSURANCE POLICY: (A) DETERMINES INSURABILITY OR PREPARES OR ISSUES TITLE INSURANCE COMMITMENTS OR POLICIES, OR BOTH, BASED UPON THE PERFORMANCE OR REVIEW OF A SEARCH; AND (B) PERFORMS ONE OR MORE OF THE FOLLOWING FUNCTIONS: (I) COLLECTS, REMITS OR DISBURSES PREMIUM OR OTHER FUNDS; (II) HANDLES ESCROWS; (III) SELLS, SOLICITS OR NEGOTIATES TITLE INSURANCE BUSINESS; OR (IV) CLOSES TITLE, INCLUDING THE CLEARANCE OF TITLE EXCEPTIONS, IN CONNECTION WITH THE ISSUANCE OF A TITLE INSURANCE POLICY; (2) SUCH TERM SHALL NOT INCLUDE ANY REGULAR SALARIED OFFICER OR EMPLOYEE OF AN AUTHORIZED TITLE INSURANCE CORPORATION OR OF A LICENSED TITLE INSURANCE AGENT, WHO DOES NOT RECEIVE A COMMISSION OR OTHER COMPENSATION FOR SERVICES, WHICH COMMISSION OR OTHER COMPENSATION IS DIRECTLY DEPENDENT UPON THE AMOUNT OF TITLE INSURANCE BUSINESS DONE. (Z) IN THIS CHAPTER, "TITLE INSURANCE CLOSER" MEANS ANY PERSON WHO FOR COMPENSATION OR ANYTHING OF VALUE, REPRESENTS A TITLE INSURANCE CORPO- RATION OR TITLE INSURANCE AGENT AT THE CLOSING OF TITLE, EXCEPT THAT SUCH TERM SHALL NOT INCLUDE: (1) A LICENSED TITLE INSURANCE AGENT; OR (2) ANY REGULAR SALARIED OFFICER OR EMPLOYEE OF AN AUTHORIZED TITLE INSURANCE CORPORATION OR TITLE INSURANCE AGENT WHO DOES NOT RECEIVE A COMMISSION OR OTHER COMPENSATION THAT IS DIRECTLY DEPENDENT UPON THE AMOUNT OF TITLE INSURANCE BUSINESS DONE. (AA) IN THIS CHAPTER, "TITLE INSURANCE SOLICITOR" MEANS ANY PERSON, FIRM, ASSOCIATION OR CORPORATION, WHO OR WHICH, FOR COMPENSATION OR ANYTHING OF VALUE, SOLICITS TITLE INSURANCE ON BEHALF OF A TITLE INSUR- ANCE CORPORATION OR A TITLE INSURANCE AGENT, EXCEPT THAT SUCH TERM SHALL NOT INCLUDE: (1) A LICENSED TITLE INSURANCE AGENT; OR (2) ANY REGULAR SALARIED OFFICER OR EMPLOYEE OF AN AUTHORIZED TITLE INSURANCE CORPORATION OR TITLE INSURANCE AGENT WHO DOES NOT RECEIVE A COMMISSION OR OTHER COMPENSATION THAT IS DIRECTLY DEPENDENT UPON THE AMOUNT OF TITLE INSURANCE BUSINESS DONE. S 4. Subparagraph (A) of paragraph 1 of subsection (a) of section 2102 of the insurance law, as amended by section 8 of part I of chapter 61 of the laws of 2011, is amended to read as follows: (A) No person, firm, association or corporation shall act as an insur- ance producer, insurance adjuster [or], life settlement broker OR TITLE INSURANCE CLOSER in this state without having authority to do so by virtue of a license issued and in force pursuant to the provisions of this chapter. S. 6357--A 82 A. 8557--A S 5. Subsection (a) of section 2109 of the insurance law, paragraph 3 as amended by chapter 687 of the laws of 2003, is amended to read as follows: (a) The superintendent may issue a temporary insurance agent's LICENSE, TITLE INSURANCE AGENT'S LICENSE or insurance broker's license, or both AN INSURANCE AGENT'S AND INSURANCE BROKER'S LICENSE, without requiring the applicant to pass a written examination or to satisfy the requirements of subsection (c) of section two thousand one hundred four of this article except as to age, in the case of a license issued pursu- ant to paragraph two [hereof] OF THIS SUBSECTION, in the following cases: (1) in the case of the death of a person who at the time of his death was a licensed accident and health insurance agent under subsection (a) of section two thousand one hundred three of this article, a licensed insurance agent OR LICENSED TITLE INSURANCE AGENT under subsection (b) of such section or a licensed insurance broker: (A) to the executor or administrator of the estate of such deceased agent or broker; (B) to a surviving next of kin of such deceased agent or broker, where no administrator of his estate has been appointed and no executor has qualified under his duly probated will; (C) to the surviving member or members of a firm or association, which at the time of the death of a member was such a licensed insurance agent, LICENSED TITLE INSURANCE AGENT or licensed insurance broker; or (D) to an officer or director of a corporation upon the death of the only officer or director who was qualified as a sub-licensee or to the executor or administrator of the estate of such deceased officer or director; (2) to any person who may be designated by a person licensed pursuant to this chapter as an insurance agent, TITLE INSURANCE AGENT or an insurance broker, or both AN INSURANCE AGENT AND INSURANCE BROKER, and who is absent because of service in any branch of the armed forces of the United States, including a partnership or corporation [which] THAT is licensed pursuant to this chapter as an insurance agent, TITLE INSUR- ANCE AGENT or as an insurance broker, or both AN INSURANCE AGENT AND INSURANCE BROKER, in a case where the sub-licensee or all sub-licensees, if more than one, named in the license or licenses issued to such part- nership or corporation is or are absent because of service in any branch of the armed forces of the United States; and (3) to the next of kin of a person who has become totally disabled and prevented from pursuing any of the duties of his or her occupation, and who at the commencement of his or her disability was a licensed accident and health insurance agent under subsection (a) of section two thousand one hundred three of this article, a licensed insurance agent under subsection (b) of such section, A LICENSED TITLE INSURANCE AGENT or a licensed insurance broker. S 6. Subsection (c) of section 2109 of the insurance law is amended to read as follows: (c) Such license or licenses shall authorize the person or persons named therein to renew the business of the deceased, absent or disabled INSURANCE agent, TITLE INSURANCE AGENT, or INSURANCE broker, or both AN INSURANCE AGENT AND INSURANCE BROKER, as the case may be, or of the firm or, in the case of a license issued pursuant to paragraph one or three of subsection (a) [hereof] OF THIS SECTION, the association whose busi- ness is being continued thereunder, each such agent[,] OR broker[, firm or association] being referred to in this section as "original licen- S. 6357--A 83 A. 8557--A see", expiring during the period in which such temporary license or licenses are in force, to collect premiums due and payable to the original licensee or, in the case of a license issued pursuant to para- graph one of subsection (a) [hereof] OF THIS SECTION, to his OR HER estate, and to perform such other acts as an insurance agent, A TITLE INSURANCE AGENT or [as] an insurance broker, or both AN INSURANCE AGENT OR INSURANCE BROKER, as the case may be, as are incidental to the continuance of the insurance business of such original licensee. S 7. Section 2109 of the insurance law is amended by adding a new subsection (h) to read as follows: (H) (1) IN THE CASE OF A PERSON SEEKING A TEMPORARY LICENSE TO ACT AS A TITLE INSURANCE AGENT PURSUANT TO SUBSECTION (A) OF THIS SECTION, THE SUPERINTENDENT MAY ISSUE A LICENSE FOR A TERM NOT TO EXCEED ONE HUNDRED EIGHTY DAYS TO SUCH PERSON PROVIDED THE PERSON: (A) DEMONSTRATES TO THE SATISFACTION OF THE SUPERINTENDENT THAT A TITLE INSURANCE CORPORATION IS WILLING TO APPOINT HIM OR HER; (B) SUBMITS TO THE NEXT AVAILABLE TITLE INSURANCE AGENT EXAMINATION; AND (C) DEMONSTRATES TO THE SATISFACTION OF THE SUPERINTENDENT THAT HE OR SHE IS QUALIFIED, COMPETENT, EXPERIENCED AND TRUSTWORTHY TO ACT AS A TITLE INSURANCE AGENT. (2) ANY PERSON ISSUED A LICENSE PURSUANT TO THIS SUBSECTION SHALL, BY VIRTUE OF SUCH LICENSE, BE AUTHORIZED TO SOLICIT, NEGOTIATE OR SELL NEW POLICIES OF TITLE INSURANCE. S 8. The section heading and subsections (a) and (b) of section 2110 of the insurance law, as amended by chapter 499 of the laws of 2009, paragraph 15 of subsection (a) as added and paragraphs 16 and 17 of subsection (a) as renumbered by chapter 546 of the laws of 2013, are amended to read as follows: Revocation or suspension of license of insurance producer, insurance consultant, adjuster, TITLE INSURANCE CLOSER, or life settlement broker. (a) The superintendent may refuse to renew, revoke, or may suspend for a period the superintendent determines the license of any insurance producer, insurance consultant, adjuster, TITLE INSURANCE CLOSER or life settlement broker, if, after notice and hearing, the superintendent determines that the licensee or any sub-licensee has: (1) violated any insurance laws, or violated any regulation, subpoena or order of the superintendent or of another state's insurance commis- sioner, or has violated any law in the course of his or her dealings in such capacity; (2) provided materially incorrect, materially misleading, materially incomplete or materially untrue information in the license application; (3) obtained or attempted to obtain a license through misrepresen- tation or fraud; (4) (A) used fraudulent, coercive or dishonest practices; (B) demonstrated incompetence; (C) demonstrated untrustworthiness; or (D) demonstrated financial irresponsibility in the conduct of business in this state or elsewhere; (5) improperly withheld, misappropriated or converted any monies or properties received in the course of business in this state or else- where; (6) intentionally misrepresented the terms of an actual or proposed insurance contract, life settlement contract or application for insur- ance; (7) has been convicted of a felony; S. 6357--A 84 A. 8557--A (8) admitted or been found to have committed any insurance unfair trade practice or fraud; (9) had an insurance producer license, INSURANCE CONSULTANT LICENSE, ADJUSTER LICENSE, A TITLE INSURANCE CLOSER LICENSE, a life settlement broker license, or its equivalent, denied, suspended or revoked in any other state, province, district or territory; (10) forged another's name to an application for insurance or life settlement contract or to any document related to an insurance or life settlement transaction; (11) improperly used notes or any other reference material to complete an examination for an insurance license or life settlement broker license; (12) knowingly accepted insurance business from an individual who is not licensed; (13) failed to comply with an administrative or court order imposing a child support obligation; (14) failed to pay state income tax or comply with any administrative or court order directing payment of state income tax; (15) while acting as a public adjuster, the licensee has failed to act on behalf and in the best interests of the insured when negotiating for or effecting the settlement of an insurance claim for such insured or otherwise acting as a public adjuster, or has failed to make the disclo- sures required by paragraph two of subsection (s) of section two thou- sand one hundred eight of this article; (16) while acting as a life settlement broker, failed to protect the privacy of the insured or owner or other person for whom the life settlement broker was required to provide protection pursuant to article seventy-eight of this chapter; or (17) ceased to meet the requirements for licensure under this chapter. (b) Before revoking or suspending the license of any insurance produc- er, TITLE INSURANCE CLOSER, life settlement broker or other licensee pursuant to the provisions of this article, the superintendent shall, except when proceeding pursuant to subsection (f) of this section, give notice to the licensee and to every sub-licensee and shall hold, or cause to be held, a hearing not less than ten days after the giving of such notice. S 9. Subsections (a), (b), (c), and (d) of sections 2112 of the insur- ance law, subsection (a) as amended by chapter 540 of the laws of 1996, subsections (b) and (d) as amended by chapter 687 of the laws of 2003 and subsection (c) as amended by chapter 647 of the laws of 1992, are amended to read as follows: (a) Every insurer, fraternal benefit society or health maintenance organization doing business in this state shall file a certificate of appointment in such form as the superintendent may prescribe in order to appoint insurance agents, TITLE INSURANCE AGENTS, OR TITLE INSURANCE SOLICITORS to represent such insurer, fraternal benefit society or health maintenance organization; EXCEPT THAT A TITLE INSURANCE AGENT SHALL FILE A CERTIFICATE OF APPOINTMENT IN SUCH FORM AS THE SUPERINTEN- DENT MAY PRESCRIBE IN ORDER TO APPOINT A TITLE INSURANCE SOLICITOR TO ACT ON BEHALF OF SUCH TITLE INSURANCE AGENT. (b) To appoint a producer, the appointing insurer, OR IN THE CASE OF A TITLE INSURANCE SOLICITOR, THE APPOINTING TITLE INSURANCE AGENT OR INSURER, shall file, in a format approved by the superintendent, a notice of appointment within fifteen days from the date the agency contract is executed or the first insurance application is submitted. S. 6357--A 85 A. 8557--A (c) Certificates of appointment shall be valid until [(i)] (1) termi- nated by the appointing insurer OR TITLE INSURANCE AGENT after a termi- nation in accordance with the provisions of the agency contract; [(ii)] (2) the license is suspended or revoked by the superintendent; or [(iii)] (3) the license expires and is not renewed. (d) Every insurer, fraternal benefit society or health maintenance organization or insurance producer or the authorized representative of the insurer, fraternal benefit society, health maintenance organization or insurance producer doing business in this state shall, upon termi- nation of the certificate of appointment as set forth in subsection (a) of this section of any insurance agent, TITLE INSURANCE AGENT OR TITLE INSURANCE SOLICITOR licensed in this state, or upon termination for cause for activities as set forth in subsection (a) of section two thou- sand one hundred ten of this article, of the certificate of appointment, of employment, of a contract or other insurance business relationship with any insurance producer, file with the superintendent within thirty days a statement, in such form as the superintendent may prescribe, of the facts relative to such termination for cause. The insurer, fraternal benefit society, health maintenance organization, insurance producer or the authorized representative of the insurer, fraternal benefit society, health maintenance organization or insurance producer shall provide, within fifteen days after notification has been sent to the superinten- dent, a copy of the statement filed with the superintendent to the insurance producer at his, or her or its last known address by certified mail, return receipt requested, postage prepaid or by overnight delivery using a nationally recognized carrier. Every statement made pursuant to this subsection shall be deemed a privileged communication. S 10. The insurance law is amended by adding a new section 2113 to read as follows: S 2113. TITLE INSURANCE AGENT, TITLE INSURANCE SOLICITOR, AND TITLE INSURANCE CLOSER; COMMISSIONS. (A) NO INSURER DOING BUSINESS IN THIS STATE, AND NO AGENT OR OTHER REPRESENTATIVE THEREOF, SHALL PAY ANY COMMISSION OR OTHER COMPENSATION TO ANY PERSON, FIRM, ASSOCIATION OR CORPORATION FOR ACTING AS A TITLE INSURANCE AGENT IN THIS STATE, EXCEPT TO A LICENSED TITLE INSURANCE AGENT. (B) NO INSURER DOING BUSINESS IN THIS STATE, AND NO AGENT OR OTHER REPRESENTATIVE THEREOF, SHALL PAY ANY COMPENSATION TO ANY PERSON, FIRM, ASSOCIATION OR CORPORATION FOR ACTING AS A TITLE INSURANCE CLOSER IN THIS STATE, EXCEPT TO A LICENSED TITLE INSURANCE CLOSER. (C) NO INSURER DOING BUSINESS IN THIS STATE, AND NO AGENT OR OTHER REPRESENTATIVE THEREOF, SHALL PAY ANY COMPENSATION TO ANY PERSON, FIRM, ASSOCIATION OR CORPORATION FOR ACTING AS A TITLE INSURANCE SOLICITOR IN THIS STATE, EXCEPT TO A LICENSED TITLE INSURANCE SOLICITOR. (D) AT THE TIME OF THE APPLICATION, A TITLE INSURANCE AGENT SHALL PROVIDE TO EVERY APPLICANT FOR INSURANCE, A WRITTEN GOOD FAITH ESTIMATE OF THE PREMIUM ON THE POLICY OR POLICIES TO BE ISSUED AND A BREAKDOWN OF THE AMOUNT OF ALL FEES AND SERVICE COSTS, INCLUDING ALL FILING FEES AND CLOSING COSTS, AND ANY OTHER ANCILLARY OR DISCRETIONARY CHARGES TO BE INCURRED, AND THE AMOUNT OF ANY COMMISSION OR OTHER COMPENSATION TO BE PAID TO SUCH AGENT BY THE TITLE INSURANCE CORPORATION. IF NO TITLE INSURANCE AGENT IS UTILIZED, THE TITLE INSURER SHALL PROVIDE THE DISCLO- SURES. (E) FOR PURPOSES OF THIS CHAPTER, A TITLE INSURANCE CLOSER SHALL BE DEEMED TO BE THE APPOINTED REPRESENTATIVE OF THE TITLE INSURANCE CORPO- RATION OR TITLE INSURANCE AGENT THAT HAS ENGAGED SUCH TITLE INSURANCE CLOSER FOR THE CLOSING. S. 6357--A 86 A. 8557--A (F) NOTHING IN THIS CHAPTER SHALL BE DEEMED TO OR BE CONSTRUED IN A MANNER TO AUTHORIZE OR PERMIT ANY ACTIVITY OR PRACTICE, WITH RESPECT TO THE BUSINESS OF TITLE INSURANCE, THAT IS PROHIBITED BY SECTION FOUR HUNDRED EIGHTY-FOUR OR FOUR HUNDRED NINETY-FIVE OF THE JUDICIARY LAW, OR OTHERWISE PROHIBITED BY LAW, INCLUDING THE UNAUTHORIZED PRACTICE OF LAW. (G) NO PERSON OR ENTITY WHO ACTS AS AN AGENT, REPRESENTATIVE, ATTOR- NEY, OR EMPLOYEE OF THE OWNER, LESSEE, OR MORTGAGEE, OR PROSPECTIVE OWNER, LESSEE, OR MORTGAGEE OF THE REAL PROPERTY OR ANY INTEREST THEREIN AND WHO ALSO IS A MEMBER, EMPLOYEE, OR DIRECTOR OF A TITLE INSURANCE AGENT, OWNS ANY INTEREST IN A TITLE INSURANCE AGENT, OR IS A SUBSIDIARY OR AFFILIATE OF ANY TITLE INSURANCE AGENT, SHALL REFER AN APPLICANT FOR INSURANCE TO SUCH AGENT, AND NO SUCH TITLE INSURANCE AGENT SHALL ACCEPT ANY SUCH REFERRAL OF TITLE INSURANCE BUSINESS, UNLESS THE REFERRAL IS MADE IN ACCORDANCE WITH SECTION SIX THOUSAND FOUR HUNDRED NINE OF THIS CHAPTER AND SUCH PERSON OR ENTITY, AT THE TIME OF MAKING A REFERRAL, PROVIDES, AT A MINIMUM, THE FOLLOWING WRITTEN DISCLOSURE TO THE APPLI- CANT: (1) THE NATURE OF THE RELATIONSHIP BETWEEN THE PERSON OR ENTITY AND THE TITLE INSURANCE AGENT; (2) THAT THE PARTY BEING REFERRED IS NOT REQUIRED TO USE THE SERVICES OF THE TITLE INSURANCE AGENT OR THE TITLE INSURANCE CORPORATION TO WHICH THE PARTY IS BEING REFERRED; (3) THAT ANY MONEY OR OTHER THING OF VALUE DIRECTLY OR INDIRECTLY PAID BY THE TITLE INSURANCE AGENT OR TITLE INSURANCE CORPORATION TO THE PERSON OR ENTITY IS BASED ON THE PERSON OR ENTITY'S FINANCIAL INTEREST IN THE TITLE INSURANCE AGENT, AND IS NOT RELATED TO THE AMOUNT OF TITLE INSURANCE BUSINESS THE PERSON OR ENTITY REFERS TO THE TITLE INSURANCE AGENT; (4) THAT THE PERSON OR ENTITY IS NOT REQUIRED TO REFER A SPECIFIED AMOUNT OF TITLE INSURANCE BUSINESS TO THE TITLE INSURANCE AGENCY; AND (5) THE AMOUNT OR VALUE OF ANY COMPENSATION OR OTHER THING OF VALUE THAT THE PERSON OR ENTITY EXPECTS TO RECEIVE IN CONNECTION WITH THE SERVICES TO BE PROVIDED BY THE TITLE INSURANCE AGENT OR THE TITLE INSUR- ANCE CORPORATION TO WHICH THE PARTY IS BEING REFERRED. S 11. The section heading of section 2119 of the insurance law, as amended by chapter 499 of the laws of 2009, is amended and a new subsection (f) is added to read as follows: Insurance agents, brokers, consultants, [and] life settlement brokers, TITLE INSURANCE AGENTS AND TITLE INSURANCE CLOSERS; written contract for compensation; excess charges prohibited. (F) NO TITLE INSURANCE AGENT OR TITLE INSURANCE CLOSER MAY RECEIVE ANY COMPENSATION OR FEE, DIRECT OR INDIRECT, FOR OR ON ACCOUNT OF SERVICES PERFORMED IN CONNECTION WITH THE ISSUANCE OF A TITLE INSURANCE POLICY, UNLESS SUCH COMPENSATION IS: (1) FOR ANCILLARY SERVICES NOT ENCOMPASSED IN THE RATE OF PREMIUM APPROVED BY THE SUPERINTENDENT; AND (2) BASED UPON A WRITTEN MEMORANDUM SIGNED BY THE PARTY TO BE CHARGED, AND SPECI- FYING OR CLEARLY DEFINING THE AMOUNT OR EXTENT OF SUCH COMPENSATION. A COPY OF EVERY SUCH MEMORANDUM SHALL BE RETAINED BY THE LICENSEE FOR NOT LESS THAN THREE YEARS AFTER SUCH SERVICES HAVE BEEN FULLY PERFORMED. S 12. The section heading and subsections (a) and (c) of section 2120 of the insurance law are amended to read as follows: Fiduciary capacity of insurance agents, TITLE INSURANCE AGENTS, TITLE INSURANCE CLOSERS, insurance brokers and reinsurance intermediaries. (a) Every insurance agent, TITLE INSURANCE AGENT, TITLE INSURANCE CLOSER, and [every] insurance broker acting as such in this state shall be responsible in a fiduciary capacity for all funds received or collected S. 6357--A 87 A. 8557--A as insurance agent or insurance broker, and shall not, without the express consent of his, HER or its principal, mingle any such funds with his, HER or its own funds or with funds held by him, HER or it in any other capacity. (c) This section shall not require any such INSURANCE agent, TITLE INSURANCE AGENT, TITLE INSURANCE CLOSER, INSURANCE broker or reinsurance intermediary to maintain a separate bank deposit for the funds of each such principal, if and as long as the funds so held for each such prin- cipal are reasonably ascertainable from the books of account and records of such agent, broker or reinsurance intermediary, as the case may be. S 13. The section heading and subsection (a) of section 2122 of the insurance law are amended to read as follows: Advertising by insurance [agents and brokers] PRODUCERS. (a) (1) No insurance [agent or insurance broker] PRODUCER shall make or issue in this state any advertisement, sign, pamphlet, circular, card or other public announcement purporting to make known the financial condition of any insurer, unless the same shall conform to the requirements of section one thousand three hundred thirteen of this chapter. (2) No insurance [agent, insurance broker] PRODUCER or other person, shall, by any advertisement or public announcement in this state, call attention to any unauthorized insurer or insurers. S 14. Subsections (a) and (b) of section 2128 of the insurance law, subsection (b) as further amended by section 104 of part A of chapter 62 of the laws of 2011, are amended to read as follows: (a) Notwithstanding the provisions of sections two thousand three hundred twenty-four and four thousand two hundred twenty-four of this chapter, no [insurance agent, insurance broker, insurance consultant, excess line broker, reinsurance intermediary or insurance adjuster] LICENSEE SUBJECT TO THIS ARTICLE shall receive any commissions or fees or shares thereof in connection with insurance coverages placed for or insurance services rendered to the state, its agencies and departments, public benefit corporations, municipalities and other governmental subdivisions in this state, unless such [insurance agent, insurance broker, insurance consultant, excess line broker, reinsurance interme- diary or insurance adjuster] LICENSEE actually placed insurance cover- ages on behalf of or rendered insurance services to the state, its agen- cies and departments, public benefit corporations, municipalities and other governmental subdivisions in this state. (b) The superintendent shall, by regulation, require [insurance agents, insurance brokers, insurance consultants, excess line brokers, reinsurance intermediaries and insurance adjusters] LICENSEES SUBJECT TO THIS ARTICLE to file disclosure statements with the department of finan- cial services and the most senior official of the governmental unit involved, with respect to any insurance coverages placed for or insur- ance services rendered to the state, its agencies and departments, public benefit corporations, municipalities and other governmental subdivisions in this state, EXCEPT THAT NEITHER A TITLE INSURANCE CORPO- RATION NOR A TITLE INSURANCE AGENT SHALL BE REQUIRED TO FILE A DISCLO- SURE STATEMENT IF AN INDUSTRIAL DEVELOPMENT AGENCY, STATE OF NEW YORK MORTGAGE AGENCY OR ITS SUCCESSOR, OR ANY SIMILAR TYPE OF ENTITY, IS THE NAMED INSURED UNDER THE POLICY AND IS A MORTGAGEE WITH RESPECT TO THE PROPERTY INSURED. S 15. Subsections (a) and (b) of section 2132 of the insurance law, as amended by chapter 499 of the laws of 2009, are amended to read as follows: S. 6357--A 88 A. 8557--A (a) This section shall apply to resident and non-resident persons licensed pursuant to this article with respect to: (1) life insurance, annuity contracts, variable annuity contracts and variable life insurance; (2) sickness, accident and health insurance; (3) all lines of property and casualty insurance; [and] (4) life settlements[.]; AND (5) TITLE INSURANCE. (b) This section shall not apply to: (1) those persons holding licenses for which an examination is not required by the laws of this state; (2) any limited licensees or any other licensees as the superintendent may exempt subject to any continuing education requirements deemed appropriate by the superintendent; [or] (3) for purposes of the continuing education requirements for life settlements, an insurance producer with a life line of authority who is acting as a life settlement broker pursuant to section two thousand one hundred thirty-seven of this article; OR (4) FOR PURPOSES OF A TITLE INSURANCE AGENT LICENSE, AN ATTORNEY LICENSED TO PRACTICE LAW IN THIS STATE. S 16. The insurance law is amended by adding a new section 2139 to read as follows: S 2139. FINGERPRINTING. (A) (1) EXCEPT AS PROVIDED IN SUBSECTION (B) OF THIS SECTION, THE SUPERINTENDENT MAY REQUIRE ANY INDIVIDUAL NAMED IN AN APPLICATION FOR A LICENSE UNDER SECTION TWO THOUSAND ONE HUNDRED FORTY, TWO THOUSAND ONE HUNDRED FORTY-ONE, OR TWO THOUSAND ONE HUNDRED FORTY-TWO OF THIS ARTICLE TO SUBMIT A SET OF FINGERPRINTS. SUCH FINGER- PRINTS SHALL BE SUBMITTED TO THE DIVISION OF CRIMINAL JUSTICE SERVICES FOR A STATE CRIMINAL HISTORY RECORD CHECK, AND MAY BE SUBMITTED TO THE FEDERAL BUREAU OF INVESTIGATION FOR A NATIONAL CRIMINAL HISTORY RECORD CHECK. ALL SUCH CRIMINAL HISTORY RECORDS MADE AVAILABLE TO THE SUPER- INTENDENT PURSUANT TO THIS SECTION SHALL BE CONFIDENTIAL PURSUANT TO THE APPLICABLE FEDERAL AND STATE LAWS, RULES AND REGULATIONS, AND SHALL NOT BE PUBLISHED OR IN ANY WAY DISCLOSED TO PERSONS OTHER THAN THE SUPER- INTENDENT, UNLESS OTHERWISE AUTHORIZED BY LAW. (2) THE SUPERINTENDENT SHALL INFORM SUCH APPLICANT THAT HE OR SHE MAY OBTAIN A COPY OF HIS OR HER CRIMINAL HISTORY RECORD MAINTAINED BY THE DIVISION OF CRIMINAL JUSTICE SERVICES, IF ANY, AND MAY CHALLENGE THE COMPLETENESS OR ACCURACY OF THE INFORMATION CONTAINED IN SUCH RECORD, PURSUANT TO REGULATIONS AND PROCEDURES ESTABLISHED BY THE DIVISION OF CRIMINAL JUSTICE SERVICES. (3) ALL DETERMINATIONS TO GRANT OR DENY CLEARANCE FOR LICENSURE PURSU- ANT TO THIS SECTION SHALL BE IN ACCORDANCE WITH SUBDIVISION SIXTEEN OF SECTION TWO HUNDRED NINETY-SIX OF THE EXECUTIVE LAW AND ARTICLE TWENTY- THREE-A OF THE CORRECTION LAW. WHEN THE SUPERINTENDENT DENIES AN APPLI- CATION, WRITTEN NOTICE OF SUCH DETERMINATION SHALL BE GIVEN TO THE PROSPECTIVE APPLICANT WHO SHALL BE AFFORDED NOTICE AND THE RIGHT TO BE HEARD AND OFFER PROOF IN OPPOSITION TO SUCH DETERMINATION. (B) THE SUPERINTENDENT SHALL WAIVE THE FINGERPRINTING REQUIREMENT FOR A NONRESIDENT PRODUCER LICENSE APPLICANT AS PROVIDED IN SECTION TWO THOUSAND ONE HUNDRED THIRTY-SIX OF THIS ARTICLE. S 17. The insurance law is amended by adding a new section 2140 to read as follows: S 2140. TITLE INSURANCE AGENTS; LICENSING. (A) THE SUPERINTENDENT MAY ISSUE A LICENSE TO ANY PERSON, FIRM, ASSOCIATION OR CORPORATION THAT HAS COMPLIED WITH THE REQUIREMENTS OF THIS CHAPTER, AUTHORIZING THE LICENSEE S. 6357--A 89 A. 8557--A TO ACT AS A TITLE INSURANCE AGENT OF ANY AUTHORIZED TITLE INSURANCE CORPORATION, PROVIDED THAT SUCH TITLE INSURANCE AGENT DEMONSTRATES FINANCIAL ACCOUNTABILITY AS EVIDENCED BY A BOND OR OTHER METHOD OF FINANCIAL ACCOUNTABILITY IN AN AMOUNT NOT LESS THAN FIFTY THOUSAND DOLLARS. (B) ANY SUCH LICENSE ISSUED TO A FIRM OR ASSOCIATION SHALL AUTHORIZE ONLY THE MEMBERS THEREOF, NAMED IN SUCH LICENSE AS SUB-LICENSEES, TO ACT INDIVIDUALLY AS TITLE INSURANCE AGENTS THEREUNDER, AND ANY SUCH LICENSE ISSUED TO A CORPORATION SHALL AUTHORIZE ONLY THE OFFICERS AND DIRECTORS THEREOF, NAMED IN SUCH LICENSE AS SUB-LICENSEES, TO ACT INDIVIDUALLY AS TITLE INSURANCE AGENTS THEREUNDER. EVERY SUB-LICENSEE ACTING AS TITLE INSURANCE AGENT PURSUANT TO SUCH A LICENSE SHALL BE AUTHORIZED SO TO ACT ONLY IN THE NAME OF THE LICENSEE. IN THE CASE OF A LICENSE ISSUED TO A TITLE INSURANCE AGENT, AT LEAST ONE DESIGNATED SUB-LICENSEE MUST HAVE A FINANCIAL OR OTHER BENEFICIAL INTEREST IN THE LICENSEE. (C) EVERY INDIVIDUAL APPLICANT FOR A LICENSE UNDER THIS SECTION AND EVERY PROPOSED LICENSEE SHALL BE EIGHTEEN YEARS OF AGE OR OLDER AT THE TIME OF THE ISSUANCE OF SUCH LICENSE. (D) BEFORE ANY ORIGINAL TITLE INSURANCE AGENT'S LICENSE IS ISSUED, THERE SHALL BE ON FILE IN THE OFFICE OF THE SUPERINTENDENT AN APPLICA- TION BY THE PROSPECTIVE LICENSEE IN SUCH FORM OR FORMS AND SUPPLEMENTS THERETO, ALONG WITH A FEE IN THE AMOUNT OF FORTY DOLLARS FOR EACH YEAR OR FRACTION OF A YEAR IN WHICH THE LICENSE SHALL BE VALID, AND CONTAIN- ING INFORMATION THE SUPERINTENDENT PRESCRIBES. (E) THE SUPERINTENDENT SHALL, IN ORDER TO DETERMINE THE COMPETENCY OF EVERY INDIVIDUAL APPLICANT AND OF EVERY PROPOSED SUB-LICENSEE FOR THE TITLE INSURANCE AGENT LICENSE, REQUIRE SUCH INDIVIDUAL TO SUBMIT TO A PERSONAL WRITTEN EXAMINATION AND TO PASS THE SAME TO THE SATISFACTION OF THE SUPERINTENDENT. THE EXAMINATION SHALL BE HELD AT SUCH TIMES AND PLACES AS THE SUPERINTENDENT SHALL FROM TIME TO TIME DETERMINE. EVERY INDIVIDUAL APPLYING TO TAKE ANY WRITTEN EXAMINATION SHALL, AT THE TIME OF APPLYING THEREFOR, PAY TO THE SUPERINTENDENT OR, AT THE DISCRETION OF THE SUPERINTENDENT, DIRECTLY TO ANY ORGANIZATION THAT IS UNDER CONTRACT TO PROVIDE EXAMINATION SERVICES, AN EXAMINATION FEE OF AN AMOUNT THAT IS THE ACTUAL DOCUMENTED ADMINISTRATIVE COST OF CONDUCTING SAID QUALIFYING EXAMINATION AS CERTIFIED BY THE SUPERINTENDENT FROM TIME TO TIME. AN EXAMINATION FEE REPRESENTS AN ADMINISTRATIVE EXPENSE AND SHALL NOT BE REFUNDABLE. THE SUPERINTENDENT MAY ACCEPT, IN LIEU OF ANY SUCH EXAMINA- TION, THE RESULT OF ANY PREVIOUS WRITTEN EXAMINATION, GIVEN BY THE SUPERINTENDENT, WHICH IN THE SUPERINTENDENT'S JUDGMENT, IS EQUIVALENT TO THE EXAMINATION FOR WHICH IT IS SUBSTITUTED. (F) EVERY INDIVIDUAL SEEKING TO QUALIFY TO OBTAIN A LICENSE UNDER SUBSECTION (B) OF THIS SECTION SHALL BE REQUIRED TO PASS THE TYPE OR TYPES OF EXAMINATION PRESCRIBED BY THE SUPERINTENDENT. AN INDIVIDUAL SHALL NOT BE DEEMED QUALIFIED TO TAKE THE EXAMINATION UNLESS THE INDI- VIDUAL HAS SUCCESSFULLY COMPLETED A COURSE OR COURSES, APPROVED AS TO METHOD AND CONTENT BY THE SUPERINTENDENT, COVERING THE TITLE INSURANCE BUSINESS AND REQUIRING NOT LESS THAN TWENTY HOURS OF CLASSROOM WORK, IN INSTITUTIONS OF LEARNING MEETING THE STANDARDS PRESCRIBED BY PARAGRAPH ONE OF SUBSECTION (A) OF SECTION TWO THOUSAND ONE HUNDRED FOUR OF THIS ARTICLE. (G) NO SUCH WRITTEN EXAMINATION OR PRE-LICENSING EDUCATION SHALL BE REQUIRED OF ANY: (1) APPLICANT WHO FILES AN APPLICATION UNDER THIS SECTION WITHIN ONE YEAR AFTER THE EFFECTIVE DATE OF THIS SUBSECTION AND WHO DEMONSTRATES TO THE SATISFACTION OF THE SUPERINTENDENT THAT SUCH APPLICANT OR ITS S. 6357--A 90 A. 8557--A PROSPECTIVE SUB-LICENSEE HAS, WITHOUT INTERRUPTION, REGULARLY AND CONTINUOUSLY PERFORMED THE FUNCTIONS OF A TITLE INSURANCE AGENT FOR A PERIOD OF AT LEAST FIVE YEARS IMMEDIATELY PRECEDING THE FILING OF SUCH APPLICATION AND IS COMPETENT AND TRUSTWORTHY TO ACT AS A TITLE INSURANCE AGENT; (2) APPLICANT WHO HAS PASSED THE WRITTEN EXAMINATION GIVEN BY THE SUPERINTENDENT FOR A TITLE INSURANCE AGENT'S LICENSE AND WAS LICENSED AS SUCH, OR OF AN APPLICANT WHO WAS LICENSED AS A TITLE INSURANCE AGENT BUT DID NOT PASS SUCH AN EXAMINATION, PROVIDED THE APPLICANT APPLIES WITHIN TWO YEARS FOLLOWING THE DATE OF TERMINATION OF THE APPLICANT'S LICENSE; OR (3) APPLICANT SEEKING TO OBTAIN A LICENSE AS A TITLE INSURANCE AGENT, WHEN SUCH APPLICANT IS A LICENSED ATTORNEY-AT-LAW IN THIS STATE. (H) THE SUPERINTENDENT MAY REFUSE TO ISSUE TO AN APPLICANT A TITLE INSURANCE AGENT'S LICENSE IF, IN THE SUPERINTENDENT'S JUDGMENT, THE PROPOSED LICENSEE OR ANY SUB-LICENSEE: (1) IS NOT TRUSTWORTHY AND COMPETENT TO ACT AS SUCH AGENT; (2) HAS GIVEN CAUSE FOR THE REVOCATION OR SUSPENSION OF SUCH A LICENSE; OR (3) HAS FAILED TO COMPLY WITH ANY PREREQUISITE FOR THE ISSUANCE OF SUCH LICENSE. (I) (1) EVERY LICENSE ISSUED TO A BUSINESS ENTITY PURSUANT TO SUBSECTION (A) OF THIS SECTION SHALL EXPIRE ON JUNE THIRTIETH OF ODD-NUMBERED YEARS. (2) EVERY LICENSE ISSUED TO AN INDIVIDUAL BORN IN AN ODD-NUMBERED YEAR SHALL EXPIRE ON THE INDIVIDUAL'S BIRTHDAY IN EACH ODD-NUMBERED YEAR. LICENSES ISSUED TO INDIVIDUALS BORN IN EVEN-NUMBERED YEARS SHALL EXPIRE ON THE INDIVIDUAL'S BIRTHDAY IN EACH EVEN-NUMBERED YEAR. (3) EVERY LICENSE MAY BE RENEWED FOR THE ENSUING PERIOD OF TWENTY-FOUR MONTHS UPON THE FILING OF AN APPLICATION IN CONFORMITY WITH THIS SUBSECTION. (4) THE LICENSE MAY BE ISSUED FOR ALL OF SUCH TWO YEAR TERMS, OR UPON APPLICATION MADE DURING ANY SUCH TERM, FOR THE BALANCE THEREOF. (5) ANY LICENSE SHALL BE CONSIDERED IN GOOD STANDING WITHIN THE LICENSE TERM UNLESS: (A) REVOKED OR SUSPENDED BY THE SUPERINTENDENT PURSUANT TO THIS ARTI- CLE; OR (B) IF AT THE EXPIRATION DATE OF THE LICENSE TERM, THE LICENSEE FAILS TO FILE A RENEWAL APPLICATION, PROVIDED THE LICENSE WAS IN GOOD STANDING DURING THE TERM. (6) BEFORE THE RENEWAL OF ANY TITLE INSURANCE AGENT'S LICENSE SHALL BE ISSUED, THE LICENSEE SHALL HAVE: (A) FILED A COMPLETED RENEWAL APPLICATION IN SUCH FORM OR FORMS, AND SUPPLEMENTS THERETO, AND CONTAINING SUCH INFORMATION AS THE SUPERINTEN- DENT MAY PRESCRIBE; AND (B) PAID SUCH FEES AS ARE PRESCRIBED IN THIS SECTION. (7) IF AN APPLICATION FOR A RENEWAL LICENSE SHALL HAVE BEEN FILED WITH THE SUPERINTENDENT BEFORE THE EXPIRATION OF SUCH LICENSE, THEN THE LICENSE SOUGHT TO BE RENEWED SHALL CONTINUE IN FULL FORCE AND EFFECT EITHER UNTIL THE ISSUANCE BY THE SUPERINTENDENT OF THE RENEWAL LICENSE APPLIED FOR OR UNTIL FIVE DAYS AFTER THE SUPERINTENDENT SHALL HAVE REFUSED TO ISSUE SUCH RENEWAL LICENSE AND SHALL HAVE GIVEN NOTICE OF SUCH REFUSAL TO THE APPLICANT AND TO EACH PROPOSED SUB-LICENSEE. BEFORE REFUSING TO RENEW ANY SUCH LICENSE, EXCEPT ON THE GROUND OF FAILURE TO PASS A WRITTEN EXAMINATION, THE SUPERINTENDENT SHALL NOTIFY THE APPLI- S. 6357--A 91 A. 8557--A CANT OF THE SUPERINTENDENT'S INTENTION TO DO SO AND SHALL GIVE THE APPLICANT A HEARING. (8) THE SUPERINTENDENT MAY, IN ISSUING A RENEWAL LICENSE, DISPENSE WITH THE REQUIREMENTS OF A VERIFIED APPLICATION BY ANY INDIVIDUAL LICEN- SEE OR SUB-LICENSEE WHO, BY REASON OF BEING ENGAGED IN ANY MILITARY SERVICE FOR THE UNITED STATES, IS UNABLE TO MAKE PERSONAL APPLICATION FOR SUCH RENEWAL LICENSE, UPON THE FILING OF AN APPLICATION ON BEHALF OF SUCH INDIVIDUAL, IN SUCH FORM AS THE SUPERINTENDENT SHALL PRESCRIBE, BY SOME PERSON OR PERSONS WHO IN HIS OR HER JUDGMENT HAVE KNOWLEDGE OF THE FACTS AND WHO MAKE AFFIDAVIT SHOWING SUCH MILITARY SERVICE AND THE INABILITY OF SUCH TITLE INSURANCE AGENT TO MAKE PERSONAL APPLICATION. (9) AN INDIVIDUAL LICENSEE OR SUB-LICENSEE WHO IS UNABLE TO COMPLY WITH LICENSE RENEWAL PROCEDURES DUE TO OTHER EXTENUATING CIRCUMSTANCES, SUCH AS A LONG-TERM MEDICAL DISABILITY, MAY REQUEST A WAIVER OF SUCH PROCEDURES, IN SUCH FORM AS THE SUPERINTENDENT SHALL PRESCRIBE. THE LICENSEE OR SUB-LICENSEE MAY ALSO REQUEST A WAIVER OF ANY EXAMINATION REQUIREMENT OR ANY OTHER FINE OR SANCTION IMPOSED FOR FAILURE TO COMPLY WITH RENEWAL PROCEDURES. (10) AN APPLICATION FOR THE RENEWAL OF A LICENSE SHALL BE FILED WITH THE SUPERINTENDENT NOT LESS THAN SIXTY DAYS PRIOR TO THE DATE THE LICENSE EXPIRES OR THE APPLICANT SHALL BE SUBJECT TO A FURTHER FEE OF TEN DOLLARS FOR LATE FILING. (11) NO LICENSE FEE SHALL BE REQUIRED OF ANY PERSON WHO SERVED AS A MEMBER OF THE ARMED FORCES OF THE UNITED STATES AT ANY TIME, AND WHO SHALL HAVE BEEN DISCHARGED THEREFROM UNDER CONDITIONS OTHER THAN DISHONORABLE, IN A CURRENT LICENSING PERIOD FOR THE DURATION OF SUCH PERIOD. (12) EXCEPT WHERE A CORPORATION, ASSOCIATION OR FIRM LICENSED AS A TITLE INSURANCE AGENT IS APPLYING TO ADD A SUB-LICENSEE OR THE DATE OF THE EXPIRATION OF THE LICENSE IS CHANGED, THERE SHALL BE NO FEE REQUIRED FOR THE ISSUANCE OF AN AMENDED LICENSE. (13) THE SUPERINTENDENT MAY ISSUE A REPLACEMENT LICENSE FOR A CURRENT- LY IN-FORCE LICENSE THAT HAS BEEN LOST OR DESTROYED. BEFORE SUCH REPLACEMENT LICENSE SHALL BE ISSUED, THERE SHALL BE ON FILE IN THE OFFICE OF THE SUPERINTENDENT A WRITTEN APPLICATION FOR SUCH REPLACEMENT LICENSE, AFFIRMING UNDER PENALTY OF PERJURY THAT THE ORIGINAL LICENSE HAS BEEN LOST OR DESTROYED, TOGETHER WITH A FEE OF FIFTEEN DOLLARS. (J) THE SUPERINTENDENT MAY REFUSE TO ISSUE A LICENSE OR RENEWAL LICENSE, AS THE CASE MAY BE, TO ANY APPLICANT IF THE SUPERINTENDENT FINDS THAT SUCH APPLICANT HAS BEEN OR WILL BE RECEIVING ANY BENEFIT OR ADVANTAGE IN VIOLATION OF SECTION SIX THOUSAND FOUR HUNDRED NINE OF THIS CHAPTER, OR IF THE SUPERINTENDENT FINDS THAT MORE THAN TEN PERCENT OF THE AGGREGATE NET COMMISSIONS OR OTHER COMPENSATION RECEIVED DURING THE TERM OF THE EXISTING LICENSE, IF ANY, OR TO BE RECEIVED DURING THE TERM OF THE LICENSE APPLIED FOR, BY THE APPLICANT, RESULTED OR WILL RESULT FROM INSURANCE ON THE PROPERTY AND RISKS SET FORTH IN SUBPARAGRAPHS (A), (B) AND (C) OF PARAGRAPH ONE OF SUBSECTION (I) OF SECTION TWO THOUSAND ONE HUNDRED THREE OF THIS ARTICLE, EXCEPT THAT IN DETERMINING THE TEN PERCENT, THE AGGREGATE NET COMMISSIONS OR OTHER COMPENSATION SHALL NOT INCLUDE COMMISSIONS OR OTHER COMPENSATION FROM MORTGAGE REFINANCING TRANSACTIONS INVOLVING REAL PROPERTY USED PREDOMINANTLY FOR RESIDENTIAL PURPOSES AND WHICH CONSISTS OF NOT MORE THAN FOUR DWELLING UNITS, OTHER THAN HOTELS AND MOTELS. EVERY LICENSEE SUBJECT TO THIS CHAPTER SHALL CERTIFY AT THE TIME OF LICENSING OR UPON RENEWAL TO THE SUPERINTENDENT THAT SUCH LICENSEE IS IN COMPLIANCE WITH THIS SUBSECTION. S. 6357--A 92 A. 8557--A S 18. The insurance law is amended by adding a new section 2141 to read as follows: S 2141. TITLE INSURANCE CLOSERS; LICENSING. (A) THE SUPERINTENDENT MAY ISSUE A LICENSE TO ANY INDIVIDUAL WHO HAS COMPLIED WITH THE REQUIREMENTS OF THIS CHAPTER, AUTHORIZING THE LICENSEE TO ACT AS A TITLE INSURANCE CLOSER FOR ANY AUTHORIZED TITLE INSURANCE CORPORATION OR TITLE INSURANCE AGENT. (B) EVERY INDIVIDUAL APPLICANT FOR A LICENSE UNDER THIS SECTION SHALL BE EIGHTEEN YEARS OF AGE OR OLDER AT THE TIME OF THE ISSUANCE OF SUCH LICENSE. (C) BEFORE ANY ORIGINAL TITLE INSURANCE CLOSER'S LICENSE IS ISSUED, THERE SHALL BE ON FILE IN THE OFFICE OF THE SUPERINTENDENT AN APPLICA- TION BY THE PROSPECTIVE LICENSEE IN SUCH FORM OR FORMS AND SUPPLEMENTS THERETO, ALONG WITH A FEE IN THE AMOUNT OF FORTY DOLLARS FOR EACH YEAR OR FRACTION OF A YEAR IN WHICH THE LICENSE SHALL BE VALID, AND CONTAIN- ING INFORMATION THE SUPERINTENDENT PRESCRIBES. (D) THE SUPERINTENDENT SHALL, IN ORDER TO DETERMINE THE COMPETENCY OF EVERY INDIVIDUAL APPLICANT FOR THE TITLE INSURANCE CLOSER LICENSE, REQUIRE SUCH INDIVIDUAL TO SUBMIT TO A PERSONAL WRITTEN EXAMINATION AND TO PASS THE SAME TO THE SATISFACTION OF THE SUPERINTENDENT. THE EXAMINA- TION SHALL BE HELD AT SUCH TIMES AND PLACES AS THE SUPERINTENDENT SHALL FROM TIME TO TIME DETERMINE. EVERY INDIVIDUAL APPLYING TO TAKE ANY WRIT- TEN EXAMINATION SHALL, AT THE TIME OF APPLYING THEREFOR, PAY TO THE SUPERINTENDENT OR, AT THE DISCRETION OF THE SUPERINTENDENT, DIRECTLY TO ANY ORGANIZATION THAT IS UNDER CONTRACT TO PROVIDE EXAMINATION SERVICES, AN EXAMINATION FEE OF AN AMOUNT THAT IS THE ACTUAL DOCUMENTED ADMINIS- TRATIVE COST OF CONDUCTING SAID QUALIFYING EXAMINATION AS CERTIFIED BY THE SUPERINTENDENT FROM TIME TO TIME. AN EXAMINATION FEE REPRESENTS AN ADMINISTRATIVE EXPENSE AND SHALL NOT BE REFUNDABLE. THE SUPERINTENDENT MAY ACCEPT, IN LIEU OF ANY SUCH EXAMINATION, THE RESULT OF ANY PREVIOUS WRITTEN EXAMINATION, GIVEN BY THE SUPERINTENDENT, WHICH IN THE SUPER- INTENDENT'S JUDGMENT, IS EQUIVALENT TO THE EXAMINATION FOR WHICH IT IS SUBSTITUTED. (E) EVERY INDIVIDUAL SEEKING TO QUALIFY TO OBTAIN A LICENSE UNDER SUBSECTION (B) OF THIS SECTION SHALL BE REQUIRED TO PASS THE TYPE OR TYPES OF EXAMINATION PRESCRIBED BY THE SUPERINTENDENT. AN INDIVIDUAL SHALL NOT BE DEEMED QUALIFIED TO TAKE THE EXAMINATION UNLESS THE INDI- VIDUAL HAS SUCCESSFULLY COMPLETED A COURSE OR COURSES, APPROVED AS TO METHOD AND CONTENT BY THE SUPERINTENDENT, COVERING THE TITLE INSURANCE BUSINESS AND REQUIRING NOT LESS THAN TWENTY HOURS OF CLASSROOM WORK, IN INSTITUTIONS OF LEARNING MEETING THE STANDARDS PRESCRIBED BY PARAGRAPH ONE OF SUBSECTION (A) OF SECTION TWO THOUSAND ONE HUNDRED FOUR OF THIS ARTICLE. (F) NO SUCH WRITTEN EXAMINATION OR PRE-LICENSING EDUCATION SHALL BE REQUIRED OF ANY: (1) INDIVIDUAL WHO FILES AN APPLICATION UNDER THIS SECTION WITHIN ONE YEAR AFTER THE EFFECTIVE DATE OF THIS SUBSECTION AND WHO DEMONSTRATES TO THE SATISFACTION OF THE SUPERINTENDENT THAT SUCH APPLICANT HAS, WITHOUT INTERRUPTION, REGULARLY AND CONTINUOUSLY PERFORMED THE FUNCTIONS OF A TITLE INSURANCE CLOSER FOR A PERIOD OF AT LEAST FIVE YEARS IMMEDIATELY PRECEDING THE FILING OF SUCH APPLICATION AND IS COMPETENT AND TRUSTWOR- THY TO ACT AS A TITLE INSURANCE CLOSER; (2) APPLICANT WHO HAS PASSED THE WRITTEN EXAMINATION GIVEN BY THE SUPERINTENDENT FOR A TITLE INSURANCE CLOSER'S LICENSE AND WAS LICENSED AS SUCH, OR OF AN APPLICANT WHO WAS LICENSED AS A TITLE INSURANCE CLOSER BUT DID NOT PASS SUCH AN EXAMINATION, PROVIDED THE APPLICANT APPLIES S. 6357--A 93 A. 8557--A WITHIN TWO YEARS FOLLOWING THE DATE OF TERMINATION OF THE APPLICANT'S LICENSE; OR (3) APPLICANT SEEKING TO OBTAIN A LICENSE AS A TITLE INSURANCE CLOSER, WHEN SUCH APPLICANT IS A LICENSED ATTORNEY-AT-LAW IN THIS STATE. (G) THE SUPERINTENDENT MAY REFUSE TO ISSUE TO AN APPLICANT A TITLE INSURANCE CLOSER'S LICENSE IF, IN THE SUPERINTENDENT'S JUDGMENT, THE PROPOSED LICENSEE: (1) IS NOT TRUSTWORTHY AND COMPETENT TO ACT AS SUCH CLOSER; (2) HAS GIVEN CAUSE FOR THE REVOCATION OR SUSPENSION OF SUCH A LICENSE; OR (3) HAS FAILED TO COMPLY WITH ANY PREREQUISITE FOR THE ISSUANCE OF SUCH LICENSE. (H) (1) EVERY LICENSE ISSUED TO AN INDIVIDUAL BORN IN AN ODD-NUMBERED YEAR SHALL EXPIRE ON THE INDIVIDUAL'S BIRTHDAY IN EACH ODD-NUMBERED YEAR. LICENSES ISSUED TO INDIVIDUALS BORN IN EVEN-NUMBERED YEARS SHALL EXPIRE ON THE INDIVIDUAL'S BIRTHDAY IN EACH EVEN-NUMBERED YEAR. EVERY SUCH LICENSE MAY BE RENEWED FOR THE ENSUING PERIOD OF TWENTY-FOUR MONTHS UPON THE FILING OF AN APPLICATION IN CONFORMITY WITH THIS SUBSECTION. (2) THE LICENSE MAY BE ISSUED FOR ALL OF SUCH TWO YEAR TERMS, OR UPON APPLICATION MADE DURING ANY SUCH TERM, FOR THE BALANCE THEREOF. (3) ANY LICENSE SHALL BE CONSIDERED IN GOOD STANDING WITHIN THE LICENSE TERM UNLESS: (A) REVOKED OR SUSPENDED BY THE SUPERINTENDENT PURSUANT TO THIS ARTI- CLE; OR (B) IF AT THE EXPIRATION DATE OF THE LICENSE TERM, THE LICENSEE FAILS TO FILE A RENEWAL APPLICATION, PROVIDED THE LICENSE WAS IN GOOD STANDING DURING THE TERM. (4) BEFORE THE RENEWAL OF ANY TITLE INSURANCE CLOSER'S LICENSE SHALL BE ISSUED, THE LICENSEE SHALL HAVE: (A) FILED A COMPLETED RENEWAL APPLICATION IN SUCH FORM OR FORMS, AND SUPPLEMENTS THERETO, AND CONTAINING SUCH INFORMATION AS THE SUPERINTEN- DENT MAY PRESCRIBE; AND (B) PAID SUCH FEES AS ARE PRESCRIBED IN THIS SECTION. (5) IF AN APPLICATION FOR A RENEWAL LICENSE SHALL HAVE BEEN FILED WITH THE SUPERINTENDENT BEFORE THE EXPIRATION OF SUCH LICENSE, THEN THE LICENSE SOUGHT TO BE RENEWED SHALL CONTINUE IN FULL FORCE AND EFFECT EITHER UNTIL THE ISSUANCE BY THE SUPERINTENDENT OF THE RENEWAL LICENSE APPLIED FOR OR UNTIL FIVE DAYS AFTER THE SUPERINTENDENT SHALL HAVE REFUSED TO ISSUE SUCH RENEWAL LICENSE AND SHALL HAVE GIVEN NOTICE OF SUCH REFUSAL TO THE APPLICANT. BEFORE REFUSING TO RENEW ANY SUCH LICENSE, EXCEPT ON THE GROUND OF FAILURE TO PASS A WRITTEN EXAMINATION, THE SUPERINTENDENT SHALL NOTIFY THE APPLICANT OF THE SUPERINTENDENT'S INTENTION TO DO SO AND SHALL GIVE THE APPLICANT A HEARING. (6) THE SUPERINTENDENT MAY, IN ISSUING A RENEWAL LICENSE, DISPENSE WITH THE REQUIREMENTS OF A VERIFIED APPLICATION BY ANY INDIVIDUAL LICEN- SEE WHO, BY REASON OF BEING ENGAGED IN ANY MILITARY SERVICE FOR THE UNITED STATES, IS UNABLE TO MAKE PERSONAL APPLICATION FOR SUCH RENEWAL LICENSE, UPON THE FILING OF AN APPLICATION ON BEHALF OF SUCH INDIVIDUAL, IN SUCH FORM AS THE SUPERINTENDENT SHALL PRESCRIBE, BY SOME PERSON OR PERSONS WHO IN HIS OR HER JUDGMENT HAVE KNOWLEDGE OF THE FACTS AND WHO MAKE AFFIDAVIT SHOWING SUCH MILITARY SERVICE AND THE INABILITY OF SUCH TITLE INSURANCE CLOSER TO MAKE PERSONAL APPLICATION. (7) AN INDIVIDUAL LICENSEE WHO IS UNABLE TO COMPLY WITH LICENSE RENEWAL PROCEDURES DUE TO OTHER EXTENUATING CIRCUMSTANCES, SUCH AS A LONG-TERM MEDICAL DISABILITY, MAY REQUEST A WAIVER OF SUCH PROCEDURES, IN SUCH FORM AS THE SUPERINTENDENT SHALL PRESCRIBE. THE LICENSEE MAY S. 6357--A 94 A. 8557--A ALSO REQUEST A WAIVER OF ANY EXAMINATION REQUIREMENT OR ANY OTHER FINE OR SANCTION IMPOSED FOR FAILURE TO COMPLY WITH RENEWAL PROCEDURES. (8) AN APPLICATION FOR THE RENEWAL OF A LICENSE SHALL BE FILED WITH THE SUPERINTENDENT NOT LESS THAN SIXTY DAYS PRIOR TO THE DATE THE LICENSE EXPIRES OR THE APPLICANT SHALL BE SUBJECT TO A FURTHER FEE OF TEN DOLLARS FOR LATE FILING. (9) NO LICENSE FEE SHALL BE REQUIRED OF ANY PERSON WHO SERVED AS A MEMBER OF THE ARMED FORCES OF THE UNITED STATES AT ANY TIME, AND WHO SHALL HAVE BEEN DISCHARGED THEREFROM UNDER CONDITIONS OTHER THAN DISHONORABLE, IN A CURRENT LICENSING PERIOD FOR THE DURATION OF SUCH PERIOD. (10) THE SUPERINTENDENT MAY ISSUE A REPLACEMENT LICENSE FOR A CURRENT- LY IN-FORCE LICENSE THAT HAS BEEN LOST OR DESTROYED. BEFORE SUCH REPLACEMENT LICENSE SHALL BE ISSUED, THERE SHALL BE ON FILE IN THE OFFICE OF THE SUPERINTENDENT A WRITTEN APPLICATION FOR SUCH REPLACEMENT LICENSE, AFFIRMING UNDER PENALTY OF PERJURY THAT THE ORIGINAL LICENSE HAS BEEN LOST OR DESTROYED, TOGETHER WITH A FEE OF FIFTEEN DOLLARS. S 19. The insurance law is amended by adding a new section 2142 to read as follows: S 2142. TITLE INSURANCE SOLICITORS; LICENSING. (A) THE SUPERINTENDENT MAY ISSUE A LICENSE TO ANY INDIVIDUAL THAT HAS COMPLIED WITH THE REQUIREMENTS OF THIS CHAPTER, AUTHORIZING THE LICENSEE TO ACT AS A TITLE INSURANCE SOLICITOR FOR ANY AUTHORIZED TITLE INSURANCE CORPORATION OR TITLE INSURANCE AGENT. (B) EVERY APPLICANT FOR A LICENSE UNDER THIS SECTION SHALL BE EIGHTEEN YEARS OF AGE OR OLDER AT THE TIME OF THE ISSUANCE OF SUCH LICENSE. (C) BEFORE ANY ORIGINAL TITLE INSURANCE SOLICITOR'S LICENSE IS ISSUED, THERE SHALL BE ON FILE IN THE OFFICE OF THE SUPERINTENDENT AN APPLICA- TION BY THE PROSPECTIVE LICENSEE IN SUCH FORM OR FORMS AND SUPPLEMENTS THERETO, ALONG WITH A FEE IN THE AMOUNT OF FORTY DOLLARS FOR EACH YEAR OR FRACTION OF A YEAR IN WHICH THE LICENSE SHALL BE VALID, AND CONTAIN- ING INFORMATION THE SUPERINTENDENT PRESCRIBES. (D) THE SUPERINTENDENT SHALL, IN ORDER TO DETERMINE THE COMPETENCY OF EVERY APPLICANT FOR THE TITLE INSURANCE SOLICITOR LICENSE, REQUIRE SUCH INDIVIDUAL TO SUBMIT TO A PERSONAL WRITTEN EXAMINATION AND TO PASS THE SAME TO THE SATISFACTION OF THE SUPERINTENDENT. THE EXAMINATION SHALL BE HELD AT SUCH TIMES AND PLACES AS THE SUPERINTENDENT SHALL FROM TIME TO TIME DETERMINE. EVERY INDIVIDUAL APPLYING TO TAKE ANY WRITTEN EXAMINA- TION SHALL, AT THE TIME OF APPLYING THEREFOR, PAY TO THE SUPERINTENDENT OR, AT THE DISCRETION OF THE SUPERINTENDENT, DIRECTLY TO ANY ORGANIZA- TION THAT IS UNDER CONTRACT TO PROVIDE EXAMINATION SERVICES, AN EXAMINA- TION FEE OF AN AMOUNT THAT IS THE ACTUAL DOCUMENTED ADMINISTRATIVE COST OF CONDUCTING SAID QUALIFYING EXAMINATION AS CERTIFIED BY THE SUPER- INTENDENT FROM TIME TO TIME. AN EXAMINATION FEE REPRESENTS AN ADMINIS- TRATIVE EXPENSE AND SHALL NOT BE REFUNDABLE. THE SUPERINTENDENT MAY ACCEPT, IN LIEU OF ANY SUCH EXAMINATION, THE RESULT OF ANY PREVIOUS WRITTEN EXAMINATION, GIVEN BY THE SUPERINTENDENT, WHICH IN THE SUPER- INTENDENT'S JUDGMENT, IS EQUIVALENT TO THE EXAMINATION FOR WHICH IT IS SUBSTITUTED. (E) EVERY INDIVIDUAL SEEKING TO QUALIFY TO OBTAIN A LICENSE UNDER SUBSECTION (B) OF THIS SECTION SHALL BE REQUIRED TO PASS THE TYPE OR TYPES OF EXAMINATION PRESCRIBED BY THE SUPERINTENDENT. AN INDIVIDUAL SHALL NOT BE DEEMED QUALIFIED TO TAKE THE EXAMINATION UNLESS THE INDI- VIDUAL HAS SUCCESSFULLY COMPLETED A COURSE OR COURSES, APPROVED AS TO METHOD AND CONTENT BY THE SUPERINTENDENT, COVERING THE TITLE INSURANCE BUSINESS AND REQUIRING NOT LESS THAN TWENTY HOURS OF CLASSROOM WORK, IN S. 6357--A 95 A. 8557--A INSTITUTIONS OF LEARNING MEETING THE STANDARDS PRESCRIBED BY PARAGRAPH ONE OF SUBSECTION (A) OF SECTION TWO THOUSAND ONE HUNDRED FOUR OF THIS ARTICLE. (F) NO SUCH WRITTEN EXAMINATION OR PRE-LICENSING EDUCATION SHALL BE REQUIRED OF ANY: (1) INDIVIDUAL WHO FILES AN APPLICATION UNDER THIS SECTION WITHIN ONE YEAR AFTER THE EFFECTIVE DATE OF THIS SUBSECTION AND WHO DEMONSTRATES TO THE SATISFACTION OF THE SUPERINTENDENT THAT SUCH APPLICANT HAS, WITHOUT INTERRUPTION, REGULARLY AND CONTINUOUSLY PERFORMED THE FUNCTIONS OF A TITLE INSURANCE SOLICITOR FOR A PERIOD OF AT LEAST FIVE YEARS IMMEDIATE- LY PRECEDING THE FILING OF SUCH APPLICATION AND IS COMPETENT AND TRUST- WORTHY TO ACT AS A TITLE INSURANCE CLOSER; (2) APPLICANT WHO HAS PASSED THE WRITTEN EXAMINATION GIVEN BY THE SUPERINTENDENT FOR A TITLE INSURANCE SOLICITOR'S LICENSE AND WAS LICENSED AS SUCH, OR OF AN APPLICANT WHO WAS LICENSED AS A TITLE INSUR- ANCE SOLICITOR BUT DID NOT PASS SUCH AN EXAMINATION, PROVIDED THE APPLI- CANT APPLIES WITHIN TWO YEARS FOLLOWING THE DATE OF TERMINATION OF THE APPLICANT'S LICENSE; OR (3) APPLICANT SEEKING TO OBTAIN A LICENSE AS A TITLE INSURANCE SOLICI- TOR, WHEN SUCH APPLICANT IS A LICENSED ATTORNEY-AT-LAW IN THIS STATE. (G) THE SUPERINTENDENT MAY REFUSE TO ISSUE TO AN APPLICANT A TITLE INSURANCE SOLICITOR'S LICENSE IF, IN THE SUPERINTENDENT'S JUDGMENT, THE PROPOSED LICENSEE: (1) IS NOT TRUSTWORTHY AND COMPETENT TO ACT AS SUCH SOLICITOR; (2) HAS GIVEN CAUSE FOR THE REVOCATION OR SUSPENSION OF SUCH A LICENSE; OR (3) HAS FAILED TO COMPLY WITH ANY PREREQUISITE FOR THE ISSUANCE OF SUCH LICENSE. (H) (1) EVERY LICENSE ISSUED TO AN INDIVIDUAL BORN IN AN ODD-NUMBERED YEAR SHALL EXPIRE ON THE INDIVIDUAL'S BIRTHDAY IN EACH ODD-NUMBERED YEAR. LICENSES ISSUED TO INDIVIDUALS BORN IN EVEN-NUMBERED YEARS SHALL EXPIRE ON THE INDIVIDUAL'S BIRTHDAY IN EACH EVEN-NUMBERED YEAR. EVERY SUCH LICENSE MAY BE RENEWED FOR THE ENSUING PERIOD OF TWENTY-FOUR MONTHS UPON THE FILING OF AN APPLICATION IN CONFORMITY WITH THIS SUBSECTION. (2) THE LICENSE MAY BE ISSUED FOR ALL OF SUCH TWO YEAR TERMS, OR UPON APPLICATION MADE DURING ANY SUCH TERM, FOR THE BALANCE THEREOF. (3) ANY LICENSE SHALL BE CONSIDERED IN GOOD STANDING WITHIN THE LICENSE TERM UNLESS: (A) REVOKED OR SUSPENDED BY THE SUPERINTENDENT PURSUANT TO THIS ARTI- CLE; OR (B) IF AT THE EXPIRATION DATE OF THE LICENSE TERM, THE LICENSEE FAILS TO FILE A RENEWAL APPLICATION, PROVIDED THE LICENSE WAS IN GOOD STANDING DURING THE TERM. (4) BEFORE THE RENEWAL OF ANY TITLE INSURANCE SOLICITOR'S LICENSE SHALL BE ISSUED, THE LICENSEE SHALL HAVE: (A) FILED A COMPLETED RENEWAL APPLICATION IN SUCH FORM OR FORMS, AND SUPPLEMENTS THERETO, AND CONTAINING SUCH INFORMATION AS THE SUPERINTEN- DENT MAY PRESCRIBE; AND (B) PAID SUCH FEES AS ARE PRESCRIBED IN THIS SECTION. (5) IF AN APPLICATION FOR A RENEWAL LICENSE SHALL HAVE BEEN FILED WITH THE SUPERINTENDENT BEFORE THE EXPIRATION OF SUCH LICENSE, THEN THE LICENSE SOUGHT TO BE RENEWED SHALL CONTINUE IN FULL FORCE AND EFFECT EITHER UNTIL THE ISSUANCE BY THE SUPERINTENDENT OF THE RENEWAL LICENSE APPLIED FOR OR UNTIL FIVE DAYS AFTER THE SUPERINTENDENT SHALL HAVE REFUSED TO ISSUE SUCH RENEWAL LICENSE AND SHALL HAVE GIVEN NOTICE OF SUCH REFUSAL TO THE APPLICANT. BEFORE REFUSING TO RENEW ANY SUCH S. 6357--A 96 A. 8557--A LICENSE, EXCEPT ON THE GROUND OF FAILURE TO PASS A WRITTEN EXAMINATION, THE SUPERINTENDENT SHALL NOTIFY THE APPLICANT OF THE SUPERINTENDENT'S INTENTION TO DO SO AND SHALL GIVE THE APPLICANT A HEARING. (6) THE SUPERINTENDENT MAY, IN ISSUING A RENEWAL LICENSE, DISPENSE WITH THE REQUIREMENTS OF A VERIFIED APPLICATION BY ANY INDIVIDUAL LICEN- SEE WHO, BY REASON OF BEING ENGAGED IN ANY MILITARY SERVICE FOR THE UNITED STATES, IS UNABLE TO MAKE PERSONAL APPLICATION FOR SUCH RENEWAL LICENSE, UPON THE FILING OF AN APPLICATION ON BEHALF OF SUCH INDIVIDUAL, IN SUCH FORM AS THE SUPERINTENDENT SHALL PRESCRIBE, BY SOME PERSON OR PERSONS WHO IN HIS OR HER JUDGMENT HAVE KNOWLEDGE OF THE FACTS AND WHO MAKE AFFIDAVIT SHOWING SUCH MILITARY SERVICE AND THE INABILITY OF SUCH TITLE INSURANCE SOLICITOR TO MAKE PERSONAL APPLICATION. (7) AN INDIVIDUAL LICENSEE WHO IS UNABLE TO COMPLY WITH LICENSE RENEWAL PROCEDURES DUE TO OTHER EXTENUATING CIRCUMSTANCES, SUCH AS A LONG-TERM MEDICAL DISABILITY, MAY REQUEST A WAIVER OF SUCH PROCEDURES, IN SUCH FORM AS THE SUPERINTENDENT SHALL PRESCRIBE. THE LICENSEE MAY ALSO REQUEST A WAIVER OF ANY EXAMINATION REQUIREMENT OR ANY OTHER FINE OR SANCTION IMPOSED FOR FAILURE TO COMPLY WITH RENEWAL PROCEDURES. (8) AN APPLICATION FOR THE RENEWAL OF A LICENSE SHALL BE FILED WITH THE SUPERINTENDENT NOT LESS THAN SIXTY DAYS PRIOR TO THE DATE THE LICENSE EXPIRES OR THE APPLICANT SHALL BE SUBJECT TO A FURTHER FEE OF TEN DOLLARS FOR LATE FILING. (9) NO LICENSE FEE SHALL BE REQUIRED OF ANY PERSON WHO SERVED AS A MEMBER OF THE ARMED FORCES OF THE UNITED STATES AT ANY TIME, AND WHO SHALL HAVE BEEN DISCHARGED THEREFROM UNDER CONDITIONS OTHER THAN DISHONORABLE, IN A CURRENT LICENSING PERIOD FOR THE DURATION OF SUCH PERIOD. (10) THE SUPERINTENDENT MAY ISSUE A REPLACEMENT LICENSE FOR A CURRENT- LY IN-FORCE LICENSE THAT HAS BEEN LOST OR DESTROYED. BEFORE SUCH REPLACEMENT LICENSE SHALL BE ISSUED, THERE SHALL BE ON FILE IN THE OFFICE OF THE SUPERINTENDENT A WRITTEN APPLICATION FOR SUCH REPLACEMENT LICENSE, AFFIRMING UNDER PENALTY OF PERJURY THAT THE ORIGINAL LICENSE HAS BEEN LOST OR DESTROYED, TOGETHER WITH A FEE OF FIFTEEN DOLLARS. S 20. Section 2314 of the insurance law is amended to read as follows: S 2314. Charging of rates. No authorized insurer shall, and no licensed insurance agent, NO TITLE INSURANCE AGENT, no employee or other representative of an authorized insurer, and no licensed insurance broker shall knowingly, charge or demand a rate or receive a premium [which] THAT departs from the rates, rating plans, classifications, schedules, rules and standards in effect on behalf of the insurer, or shall issue or make any policy or contract involving a violation there- of. S 21. Section 6409 of the insurance law, subsection (c) as added by chapter 955 of the laws of 1984, is amended to read as follows: S 6409. Filing of policy forms; rates; classification of risks; commissions and rebates prohibited. (a) No title insurance policy OR GUARANTEE OF THE CORRECTNESS OF SEARCHES FORM shall be issued or deliv- ered in this state, unless [and until a copy of the form thereof shall have] IT HAS been filed with the superintendent [for his information] IN ACCORDANCE WITH ARTICLE TWENTY-THREE OF THIS CHAPTER. (b) [Every title insurance corporation shall file with the superinten- dent its rate manual, if any, its basic schedule of rates and classi- fication of risks, its rating plan and rules in connection with the writing or issuance of policies of title insurance and shall thereafter likewise file any changes therein. After any such filing no such corpo- ration shall, in connection with the writing or issuance of any such S. 6357--A 97 A. 8557--A policy, deviate from the rates, classifications of risks and rules last filed by it, either by making any reduction in rates without having filed the same as herein provided, or by way of any discriminations in favor of or against any insured. The superintendent shall have the powers specified in article twenty-three of this chapter applicable to title insurers.] TITLE INSURANCE RATES AND RATE FILINGS, INCLUDING RATES FOR GUARANTEES OF THE CORRECTNESS OF SEARCHES, SHALL BE SUBJECT TO ARTI- CLE TWENTY-THREE OF THIS CHAPTER. (c) Notwithstanding any other provision of this article, every title insurance [company] CORPORATION shall [be required to] offer, at or prior to title closing, an optional policy form [which will insure] THAT INSURES the title of owner-occupied real property used predominantly for residential purposes [which] THAT consists of not more than four dwell- ing units for an amount equal to the market value of the property at the time a loss is discovered. Such policy form shall be filed with, AND APPROVED BY, the superintendent [pursuant to subsection (a) of this section] IN ACCORDANCE WITH ARTICLE TWENTY-THREE OF THIS CHAPTER. Rates for such coverage shall be filed AND APPROVED pursuant to [subsection (b) of this section] ARTICLE TWENTY-THREE OF THIS CHAPTER. (d) No title insurance corporation, TITLE INSURANCE AGENT, or any other person acting for or on behalf of [it] THE TITLE INSURANCE CORPO- RATION OR TITLE INSURANCE AGENT, shall OFFER OR make, DIRECTLY OR INDI- RECTLY, any rebate of any portion of the fee, premium or charge made, or pay or give to any applicant for insurance, or to any person, firm, or corporation acting as agent, representative, attorney, or employee of the owner, lessee, mortgagee or the prospective owner, lessee, or mort- gagee or the prospective owner, lessee, or mortgagee of the real proper- ty or any interest therein, either directly or indirectly, any commis- sion, any part of its fees or charges, or any other consideration or valuable thing, as an inducement for, or as compensation for, any title insurance business, NOR SHALL ANY APPLICANT FOR INSURANCE, OR ANY PERSON, FIRM, OR CORPORATION ACTING AS AGENT, REPRESENTATIVE, ATTORNEY, OR EMPLOYEE OF THE OWNER, LESSEE, MORTGAGEE OR THE PROSPECTIVE OWNER, LESSEE, OR MORTGAGEE OF THE REAL PROPERTY OR ANYONE HAVING ANY INTEREST IN REAL PROPERTY KNOWINGLY RECEIVE, DIRECTLY OR INDIRECTLY, ANY SUCH REBATE OR OTHER CONSIDERATION OR VALUABLE THING. Any person or entity who [accepts or receives such a commission or rebate] VIOLATES THIS SECTION shall be subject to a penalty equal to the greater of [one] FIVE thousand dollars or five times the amount [thereof] OF ANY COMPENSATION OR REBATE RECEIVED OR PAID. (e) Premium rates for coverage shall fully reflect the foregoing prohibitions of subsection (d) [hereof] OF THIS SECTION. S 22. This act shall take effect on the one hundred eightieth day after it shall have become a law, provided, however, that effective immediately: (1) the addition, amendment, or repeal of any rule or regulation necessary for the implementation of this act on its effective date is authorized and directed to be made and completed on or before such effective date; (2) the superintendent of financial services shall promulgate applica- tion forms for persons, firms, associations, and corporations seeking to obtain a license as a title insurance agent, or individuals seeking to obtain a license as a title insurance closer or title insurance solici- tor; and (3) each person, firm, association, or corporation who has filed an application for a license as a title insurance agent, or every individ- S. 6357--A 98 A. 8557--A ual who has filed an application for a license as a title insurance closer or title insurance solicitor on or before January 1, 2015 or within 90 days after the superintendent of financial services has promulgated application forms pursuant to this act, whichever date is later, may act as such licensee without a license issued pursuant to section 2140, 2141, or 2142 of the insurance law, as added by sections seventeen, eighteen, and nineteen of this act, until the superintendent of financial services has made a final determination on the application for such license filed by such person, firm, association, or corpo- ration. PART W Section 1. Section 2 of part BB of chapter 58 of the laws of 2012, amending the public authorities law relating to authorizing the dormito- ry authority to enter into certain design and construction management agreements, as amended by section 1 of part I of chapter 58 of the laws of 2013, is amended to read as follows: S 2. This act shall take effect immediately and shall expire and be deemed repealed April 1, [2014] 2015. S 2. Within 90 days of the effective date of this act, the dormitory authority of the state of New York shall provide a report providing information regarding any project undertaken pursuant to a design and construction management agreement, as authorized by part BB of chapter 58 of the laws of 2012, between the dormitory authority of the state of New York and the department of environmental conservation and/or the office of parks, recreation and historic preservation to the governor, the temporary president of the senate and speaker of the assembly. Such report shall include but not be limited to a description of each such project, the project identification number of each such project, if applicable, the projected date of completion, the status of the project, the total cost or projected cost of each such project, and the location, including the names of any county, town, village or city, where each such project is located or proposed. In addition, such a report shall be provided to the aforementioned parties by the first day of March of each year that the authority to enter into such agreements pursuant to part BB of chapter 58 of the laws of 2012 is in effect. S 3. This act shall take effect immediately and shall be deemed to have been in effect on and after April 1, 2014. PART X Section 1. Section 2 of chapter 584 of the laws of 2011, amending the public authorities law relating to the powers and duties of the dormito- ry authority of the state of New York relative to the establishment of subsidiaries for certain purposes, as amended by section 28 of part D of chapter 56 of the laws of 2012, is amended to read as follows: S 2. This act shall take effect immediately and shall expire and be deemed repealed on July 1, [2014] 2016; provided however, that the expi- ration of this act shall not impair or otherwise affect any of the powers, duties, responsibilities, functions, rights or liabilities of any subsidiary duly created pursuant to subdivision twenty-five of section 1678 of the public authorities law prior to such expiration. S 2. This act shall take effect immediately. PART Y S. 6357--A 99 A. 8557--A Section 1. Section 2976-a of the public authorities law is REPEALED. S 2. Section 2868 of the public health law, as amended by section 43-a of part B of chapter 58 of the laws of 2008, is amended to read as follows: S 2868. Fees and charges. The commissioner may by regulation establish and charge to any nursing home company, for the period of occupancy date to mortgage discharge, a fee for inspection, regulation, supervision and audit not to annually exceed two-tenths of one percent of the mortgage loan to recover the departmental costs in performing these functions IN RELATION TO ANY NURSING HOME PROJECT FINANCED OR REFINANCED BY A LOAN MADE UNDER THIS ARTICLE PRIOR TO APRIL FIRST, TWO THOUSAND FOURTEEN. NOTWITHSTANDING THE FOREGOING, NO SUCH FEE SHALL BE CHARGED OR PAYABLE PURSUANT TO THIS SECTION WITH RESPECT TO A NURSING HOME PROJECT FINANCED OR REFINANCED WITH BONDS ISSUED ON OR AFTER APRIL FIRST, TWO THOUSAND FOURTEEN. S 3. Section 2881 of the public health law, as amended by section 43-b of part B of chapter 58 of the laws of 2008, is amended to read as follows: S 2881. Fees and charges. The commissioner may, by regulation, estab- lish and charge to eligible borrowers, for the period from occupancy date to mortgage discharge, a fee for inspection, regulation, super- vision and audit not to annually exceed two-tenths of one percent of the mortgage loan to recover the departmental costs in performing these functions IN RELATION TO ANY HOSPITAL PROJECT FINANCED OR REFINANCED BY A LOAN MADE UNDER THIS ARTICLE PRIOR TO APRIL FIRST, TWO THOUSAND FOUR- TEEN. NOTWITHSTANDING THE FOREGOING, NO SUCH FEE SHALL BE CHARGED OR PAYABLE PURSUANT TO THIS SECTION WITH RESPECT TO A HOSPITAL PROJECT FINANCED OR REFINANCED WITH BONDS ISSUED ON OR AFTER APRIL FIRST, TWO THOUSAND FOURTEEN. S 4. This act shall take effect immediately. PART Z Section 1. Subdivision 3 of section 16-m of section 1 of chapter 174 of the laws of 1968 constituting the New York state urban development corporation act, as amended by chapter 81 of the laws of 2013, is amended to read as follows: 3. The provisions of this section shall expire, notwithstanding any inconsistent provision of subdivision 4 of section 469 of chapter 309 of the laws of 1996 or of any other law, on July 1, [2014] 2015. S 2. This act shall take effect immediately and shall be deemed to have been in full force and effect on and after July 1, 2014. PART AA Section 1. Section 2 of chapter 393 of the laws of 1994, amending the New York state urban development corporation act, relating to the powers of the New York state urban development corporation to make loans, as amended by section 1 of part H of chapter 58 of the laws of 2013, is amended to read as follows: S 2. This act shall take effect immediately provided, however, that section one of this act shall expire on July 1, [2014] 2015, at which time the provisions of subdivision 26 of section 5 of the New York state urban development corporation act shall be deemed repealed; provided, however, that neither the expiration nor the repeal of such subdivision as provided for herein shall be deemed to affect or impair in any manner S. 6357--A 100 A. 8557--A any loan made pursuant to the authority of such subdivision prior to such expiration and repeal. S 2. This act shall take effect immediately and shall be deemed to have been in full force and effect on and after April 1, 2014. S 2. Severability clause. If any clause, sentence, paragraph, subdivi- sion, section or part of this act shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair, or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph, subdivision, section or part thereof directly involved in the controversy in which such judg- ment shall have been rendered. It is hereby declared to be the intent of the legislature that this act would have been enacted even if such invalid provisions had not been included herein. S 3. This act shall take effect immediately provided, however, that the applicable effective date of Parts A through AA of this act shall be as specifically set forth in the last section of such Parts.
2013-A8557B - Details
- See Senate Version of this Bill:
- S6357
- Law Section:
- Budget Bills
- Laws Affected:
- Amd Various Laws, generally
2013-A8557B - Summary
Enacts into law major components of legislation necessary to implement the transportation, economic development and environmental conservation budget for the 2014-2015 state fiscal year; amends the highway law and chapter 329 of the laws of 1991, amending the state finance law and other laws relating to the establishment of the dedicated highway and bridge trust fund, in relation to the consolidated local street and highway improvement program (CHIPS), suburban highway improvement program (SHIPS), multi-modal and Marchiselli programs; repeals certain provisions of chapter 329 of the laws of 1991 relating thereto (Part A); amends part U1 of chapter 62 of the laws of 2003 amending the vehicle and traffic law and other laws relating to increasing certain motor vehicle transaction fees, in relation to the effectiveness thereof
2013-A8557B - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ S. 6357--B A. 8557--B S E N A T E - A S S E M B L Y January 21, 2014 ___________ IN SENATE -- A BUDGET BILL, submitted by the Governor pursuant to arti- cle seven of the Constitution -- read twice and ordered printed, and when printed to be committed to the Committee on Finance -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee IN ASSEMBLY -- A BUDGET BILL, submitted by the Governor pursuant to article seven of the Constitution -- read once and referred to the Committee on Ways and Means -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee -- again reported from said committee with amendments, ordered reprinted as amended and recommitted to said committee AN ACT to amend the highway law and to amend chapter 329 of the laws of 1991, amending the state finance law and other laws relating to the establishment of the dedicated highway and bridge trust fund, in relation to the consolidated local street and highway improvement program (CHIPS), suburban highway improvement program (SHIPS), multi- modal and Marchiselli programs; and to repeal certain provisions of chapter 329 of the laws of 1991 relating thereto (Part A); to amend part F of chapter 56 of the laws of 2011 permitting authorized state entities to utilize the design-build method for infrastructure projects, in relation to utilizing labor agreements, and in relation to the effectiveness thereof (Part B); to amend part U1 of chapter 62 of the laws of 2003 amending the vehicle and traffic law and other laws relating to increasing certain motor vehicle transaction fees, in relation to the effectiveness thereof; to amend chapter 84 of the laws of 2002, amending the state finance law relating to the costs of the department of motor vehicles, in relation to permanently authorizing payment of department of motor vehicle costs from the dedicated high- way and bridge trust fund; to amend the transportation law, in relation to disposition of revenues; to amend the highway law, in relation to disposition of fees charged in connection with outdoor advertising on highways; and to amend the state finance law, in relation to the dedication of revenues and the costs of rail and truck regulation (Part C); to amend chapter 58 of the laws of 2013, relating to the hours of operation of the department of motor vehicles and EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted. LBD12673-03-4 S. 6357--B 2 A. 8557--B providing for the repeal of such provisions upon expiration thereof, in relation to the effectiveness thereof (Part D); to amend the vehi- cle and traffic law and the state finance law, in relation to the authorization of the department of motor vehicles to provide the acci- dent prevention course internet program; to amend chapter 751 of the laws of 2005, amending the insurance law and the vehicle and traffic law, relating to establishing the accident prevention course internet technology pilot program, in relation to the effectiveness thereof; and to repeal certain provisions of the vehicle and traffic law relat- ing thereto (Part E); to amend the vehicle and traffic law, in relation to complying with federal requirements relating to medical certifications of commercial driver's license holders (Part F); to amend the public authorities law, in relation to toll collection regu- lations; to amend the public officers law, in relation to electronic toll collection data; to amend the vehicle and traffic law, in relation to liability of vehicle owners for toll collection violations; to amend the penal law, in relation to theft of services; and to amend chapter 774 of the laws of 1950, relating to agreeing with the state of New Jersey with respect to rules and regulations governing traffic on vehicular crossings operated by the port of New York authority, in relation to tolls and other charges (Part G); to amend chapter 67 of the laws of 1992, amending the environmental conservation law relating to pesticide product registration timetables and fees, in relation to the effective date thereof; and to amend the environmental conservation law, in relation to pesticide registration fees and reporting (Part H); to amend the environmental conservation law, the penal law, the vehicle and traffic law and the general obli- gations law, in relation to authorizing crossbow hunting, landowner liability, printing contracts for hunting and fishing guides, issuance of distinctive "I love New York" plates, fees and general powers and duties of the department of environmental conservation; and to repeal subdivisions 11 and 16 of section 11-0901 of the environmental conser- vation law relating thereto (Part I); to amend the agriculture and markets law, in relation to granting, suspending or revoking licenses for food processing establishments (Part J); to authorize the New York state energy research and development authority to finance a portion of its research, development and demonstration and policy and planning programs from assessments on gas and electric corporations (Part K); to authorize and direct the New York state energy research and devel- opment authority to make a payment to the general fund of up to $913,000 (Part L); to amend the agriculture and markets law and the public authorities law, in relation to requiring power transfer switches on gas stations located within one half mile from a strategic upstate highway (Part M); to amend chapter 21 of the laws of 2003, amending the executive law relating to permitting the secretary of state to provide special handling for all documents filed or issued by the division of corporations and to permit additional levels of such expedited service, in relation to extending the expiration date there- of (Part N); to amend the business corporation law and the not-for- profit corporation law, in relation to the transmission of incorpo- ration certificates to county clerks (Part O); to amend the executive law, in relation to the national registry fee (Part P); to authorize the department of health to finance certain activities with revenues generated from an assessment on cable television companies (Part Q); to amend the public service law, in relation to authorizing the department of public service to increase program efficiencies; and to S. 6357--B 3 A. 8557--B repeal certain provisions of the public service law relating thereto (Part R); to amend the public service law, in relation to the tempo- rary state energy and utility service conservation assessment (Part S); to amend the insurance law, in relation to unauthorized providers of health services and the examination of providers of health services (Part T); to amend the insurance law, the public health law and the financial services law, in relation to establishing protections to prevent surprise medical bills including network adequacy require- ments, claim submission requirements, access to out-of-network care and prohibition of excessive emergency charges (Part U); to amend the insurance law, in relation to licensing title insurance agents, clos- ers and solicitors; grants the superintendent of financial services the authority to require title insurance agents, closers, and solici- tor applicants to submit to fingerprinting; and to repeal certain provisions of such law relating thereto (Part V); to amend chapter 58 of the laws of 2012 amending the public authorities law relating to authorizing the dormitory authority to enter into certain design and construction management agreements, in relation to extending certain authority of the dormitory authority of the state of New York (Part W); to amend chapter 584 of the laws of 2011, amending the public authorities law relating to the powers and duties of the dormitory authority of the state of New York relative to the establishment of subsidiaries for certain purposes, in relation to the effectiveness thereof (Part X); to amend the public health law, in relation to fees in connection with certain health care facility financings; and to repeal section 2976-a of the public authorities law relating thereto (Part Y); to amend the New York state urban development corporation act, in relation to extending certain provisions relating to the empire state economic development fund (Part Z); and to amend chapter 393 of the laws of 1994, amending the New York state urban development corporation act, relating to the powers of the New York state urban development corporation to make loans, in relation to the effective- ness thereof (Part AA) THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. This act enacts into law major components of legislation which are necessary to implement the state fiscal plan for the 2014-2015 state fiscal year. Each component is wholly contained within a Part identified as Parts A through AA. The effective date for each particular provision contained within such Part is set forth in the last section of such Part. Any provision in any section contained within a Part, includ- ing the effective date of the Part, which makes a reference to a section "of this act", when used in connection with that particular component, shall be deemed to mean and refer to the corresponding section of the Part in which it is found. Section three of this act sets forth the general effective date of this act. PART A Section 1. Subdivision (d) of section 11 of chapter 329 of the laws of 1991 amending the state finance law and other laws relating to the establishment of the dedicated highway and bridge trust fund, as amended S. 6357--B 4 A. 8557--B by section 4 of part A of chapter 58 of the laws of 2012, is amended to read as follows: (d) Any such service contract (i) shall provide that the obligation of the director of the budget or the state to fund or to pay the amounts therein provided for shall not constitute a debt of the state within the meaning of any constitutional or statutory provisions in the event the thruway authority assigns or pledges service contract payments as secu- rity for its bonds or notes, (ii) shall be deemed executory only to the extent moneys are available and SHALL PROVIDE that no liability shall be incurred by the state beyond the moneys available for the purpose, and that such obligation is subject to annual appropriation by the legisla- ture, and (iii) shall provide that no funds shall be made available from the proceeds of bonds or notes issued pursuant to this chapter unless the commissioner of transportation has certified to the [chairman of the thruway authority] DIRECTOR OF THE BUDGET that such funds shall be used exclusively for the purposes authorized by subdivision (a) of this section, and/or construction, reconstruction or improvement of local highways, bridges and/or highway-railroad crossings, including right of way acquisition, preliminary engineering, and construction supervision and inspection, where the service life of the project is at least ten years or where the project is: (1) microsurfacing, (2) paver placed surface treatment, (3) single course surface treatment involving chip seals and oil and stone and (4) double course surface treatment involv- ing chip seals and oil and stone, and unless [the director of the budget has certified to the chairman of the thruway authority that] a spending plan has been submitted by the commissioner of transportation and has been approved by the director of the budget. S 2. Subdivision (g) of section 15 of chapter 329 of the laws of 1991, as added by section 9 of chapter 330 of the laws of 1991, is REPEALED, and subdivision (f) of section 15 of chapter 329 of the laws of 1991, amending the state finance law and other laws relating to the establish- ment of the dedicated highway and bridge trust fund, as added by section 9 of chapter 330 of the laws of 1991, is amended to read as follows: (f) The commissioner of transportation shall certify to the [New York state thruway authority] DIRECTOR OF THE BUDGET AND THE COMPTROLLER amounts eligible for repayments as specified herein. Such certification shall include any such information as may be necessary to maintain the federal tax exempt status of bonds, notes or other obligations issued by the New York state thruway authority pursuant to section 380 of the public authorities law. S 3. Subdivision 1 of section 80-b of the highway law, as amended by chapter 161 of the laws of 2008, is amended to read as follows: 1. In connection with the undertaking of any project for which the commissioner is authorized to use moneys of the federal government pursuant to the provisions of subdivision thirty-four-a of section ten and section eighty of this chapter to assure the effective discharge of state responsibilities with respect to regional transportation needs, on highways, roads, streets, bicycle paths or pedestrian paths that are not on the state highway system, the commissioner shall submit such project to the governing body or bodies of the affected municipality or munici- palities together with estimates of costs thereof. If such project includes a municipal project, as that term is defined in accordance with article thirteen of the transportation law, the state share of such municipal project shall also be included. If such project includes a project affecting a highway, road, street, bicycle path or pedestrian path not on the state highway system, the state share shall be equal to S. 6357--B 5 A. 8557--B eighty percent of the difference between the total project cost and the federal assistance, provided, however, the commissioner may increase the state share to an amount equal to one hundred percent of the difference between the total project cost and the federal assistance where he determines that the need for the project results substantially from actions undertaken pursuant to section ten of this chapter. [Except for individual projects where the non-federal share of a federally aided municipal project is less than five thousand dollars, no state or local shares of municipal streets and highways projects shall be payable from the non-fiduciary funds of the capital projects budget of the depart- ment.] No such project shall proceed without the approval of the govern- ing body of a municipality. Such governing body may request the commis- sioner to undertake the provision of such project. If the commissioner agrees to such undertaking he shall notify the local governing body which shall appropriate sufficient moneys to pay the estimated amount of the municipal share. Such moneys shall be deposited with the state comp- troller who is authorized to receive and accept the same for the purposes of such project, subject to the draft or requisition of the commissioner. When the work of such project has been completed, the commissioner shall render to the governing body of such municipality an itemized statement showing in full (a) the amount of money that has been deposited by such municipality with the state comptroller as hereinbe- fore provided, and (b) all disbursements made pursuant to this section for such project. Any surplus moneys shall be paid to such municipality on the warrant of the comptroller on vouchers therefor approved by the commissioner. When the work of such project has been completed and it is determined by the commissioner that the amount of the cost to be borne by the municipality is in excess of the amount deposited by such munici- pality with the state comptroller, the commissioner shall then notify the municipality of the deficiency of funds. The municipality shall then within ninety days of the receipt of such notice, pay such amount to the state comptroller. For purposes of this section, the term "municipality" shall include a city, county, town, village or two or more of the fore- going acting jointly. S 4. Subdivision (e) of section 16 of chapter 329 of the laws of 1991, amending the state finance law and other laws relating to the establish- ment of a dedicated highway and bridge trust fund, as added by section 9 of chapter 330 of the laws of 1991, is REPEALED. S 5. Subdivision (e) of section 16-a of chapter 329 of the laws of 1991, amending the state finance law and other laws relating to the establishment of a dedicated highway and bridge trust fund, as added by section 9 of chapter 330 of the laws of 1991, is REPEALED. S 6. Paragraph (a) of subdivision 5 of section 10-f of the highway law, as added by chapter 725 of the laws of 1993, is amended to read as follows: (a) Funding of municipal projects will be made upon the application for funding of prior expenditures in a format prescribed by the commis- sioner. [Funding of qualifying municipal project expenditures shall be made from the proceeds of bonds, notes or other obligations issued pursuant to section three hundred eighty of the public authorities law.] Such funding of state projects may be pursuant to agreements between the commissioner and the New York state thruway authority and may be from the proceeds of bonds, notes or other obligations issued pursuant to section three hundred eighty-five of the public authorities law. S. 6357--B 6 A. 8557--B S 7. Paragraph (a) of subdivision 5 of section 10-g of the highway law, as added by chapter 725 of the laws of 1993, is amended to read as follows: (a) Funding of municipal projects will be made upon the application for funding of prior expenditures in a format prescribed by the commis- sioner. [Funding of qualifying municipal project expenditures shall be made from the proceeds of bonds, notes or other obligations issued pursuant to section three hundred eighty of the public authorities law.] Such funding of state projects may be pursuant to agreements between the commissioner and the New York state thruway authority and may be from the proceeds of bonds, notes or other obligations issued pursuant to section three hundred eighty-five of the public authorities law. S 8. This act shall take effect immediately. PART B Section 1. Sections 8 and 17 of part F of chapter 56 of the laws of 2011 permitting authorized state entities to utilize the design-build method for infrastructure projects are amended to read as follows: S 8. If otherwise applicable, capital projects undertaken by the authorized state entity pursuant to this act shall be subject to section 135 of the state finance law and section 222 of the labor law. FOR ALL CAPITAL PROJECTS USING A DESIGN-BUILD CONTRACT THAT ARE ESTIMATED TO COST IN EXCESS OF $10 MILLION, A PROJECT LABOR AGREEMENT SHALL BE INCLUDED IN THE REQUEST FOR PROPOSALS FOR THE CAPITAL PROJECT UNLESS, BASED UPON A FEASIBILITY STUDY EXAMINING THE POTENTIAL COST SAVING AND EFFICIENCIES OF A PROJECT LABOR AGREEMENT, THE AUTHORIZED STATE ENTITY CANNOT DETERMINE THAT A PROJECT LABOR AGREEMENT WOULD RESULT IN LABOR COST SAVINGS OF AT LEAST FIVE PERCENT AND THAT ITS INTEREST IN OBTAINING THE BEST WORK AT THE LOWEST POSSIBLE PRICE, PREVENTING FAVORITISM, FRAUD AND CORRUPTION, AND OTHER CONSIDERATIONS, SUCH AS THE IMPACT OF DELAY, AND ANY HISTORY OF LABOR UNREST, ARE BEST MET BY REQUIRING A PROJECT LABOR AGREEMENT. FOR ALL CAPITAL PROJECTS USING A DESIGN-BUILD CONTRACT THAT ARE ESTIMATED TO COST $10 MILLION OR LESS, A PROJECT LABOR AGREE- MENT FEASIBILITY STUDY MAY BE CONSIDERED BUT IS NOT REQUIRED. S 17. This act shall take effect immediately and shall expire and be deemed repealed [3] 6 years after such date, provided that, projects with requests for qualifications issued prior to such repeal shall be permitted to continue under this act notwithstanding such repeal. S 2. This act shall take effect immediately. PART C Section 1. Section 13 of part U1 of chapter 62 of the laws of 2003 amending the vehicle and traffic law and other laws relating to increas- ing certain motor vehicle transaction fees, as amended by section 2 of part B of chapter 58 of the laws of 2013, is amended to read as follows: S 13. This act shall take effect immediately; provided however that sections one through seven of this act, the amendments to subdivision 2 of section 205 of the tax law made by section eight of this act, and section nine of this act shall expire and be deemed repealed on [March 31] APRIL 1, 2015; provided further, however, that the amendments to subdivision 3 of section 205 of the tax law made by section eight of this act shall expire and be deemed repealed on March 31, 2018; provided further, however, that the provisions of section eleven of this act S. 6357--B 7 A. 8557--B shall take effect April 1, 2004 and shall expire and be deemed repealed on [March 31] APRIL 1, 2015. S 2. Section 2 of part B of chapter 84 of the laws of 2002, amending the state finance law relating to the costs of the department of motor vehicles, as amended by section 1 of part E of chapter 59 of the laws of 2009, is amended to read as follows: S 2. This act shall take effect April 1, 2002; provided, however, if this act shall become a law after such date it shall take effect imme- diately and shall be deemed to have been in full force and effect on and after April 1, 2002; provided further, however, that this act shall expire and be deemed repealed on [March 31] APRIL 1, 2015. S 3. Subdivision 4 of section 94 of the transportation law, as amended by section 1 of part D of chapter 101 of the laws of 2001, is amended to read as follows: 4. All fees charged and collected by the commissioner hereunder shall be deposited [to the miscellaneous special revenue fund - transportation regulation account for the purposes established in this section] BY THE COMPTROLLER INTO THE SPECIAL OBLIGATION RESERVE AND PAYMENT ACCOUNT OF THE DEDICATED HIGHWAY AND BRIDGE TRUST FUND ESTABLISHED PURSUANT TO SECTION EIGHTY-NINE-B OF THE STATE FINANCE LAW. S 4. Subdivision 4 of section 135 of the transportation law, as added by chapter 166 of the laws of 1991, is amended to read as follows: 4. All revenues collected pursuant to this section shall be deposited [to the miscellaneous special revenue fund--rail safety inspection account] BY THE COMPTROLLER INTO THE SPECIAL OBLIGATION RESERVE AND PAYMENT ACCOUNT OF THE DEDICATED HIGHWAY AND BRIDGE TRUST FUND ESTAB- LISHED PURSUANT TO SECTION EIGHTY-NINE-B OF THE STATE FINANCE LAW for the purposes established in this section. Fees will be based on reven- ues from the preceding calendar year and shall be assessed on or before July first and are payable by September first of each year. On or before January first of each year following assessment of fees pursuant to this section, the commissioner shall report to the railroad companies annual costs associated with this assessment. S 5. Subdivision 5 of section 144 of the transportation law, as added by chapter 635 of the laws of 1983, is amended to read as follows: 5. For furnishing a certification of any paper, record or official document, one dollar. No fees shall be charged or collected for copies of papers, records or official documents, furnished to public officers for use in their official capacity, or for the annual reports of the commissioner in the ordinary course of distribution, but the commission- er may fix reasonable charges for copies of papers, records, official documents and other publications furnished or issued to others under this authority. All fees charged and collected by the commissioner [shall belong to the people of the state and shall be paid monthly, accompanied by a detailed statement thereof, into the treasury of the state to the credit of the general fund] PURSUANT TO THIS SECTION SHALL BE DEPOSITED BY THE COMPTROLLER INTO THE SPECIAL OBLIGATION RESERVE AND PAYMENT ACCOUNT OF THE DEDICATED HIGHWAY AND BRIDGE TRUST FUND ESTAB- LISHED PURSUANT TO SECTION EIGHTY-NINE-B OF THE STATE FINANCE LAW. S 6. Section 145 of the transportation law is amended by adding a new subdivision 8 to read as follows: 8. ALL PENALTIES CHARGED AND COLLECTED BY THE COMMISSIONER PURSUANT TO THIS SECTION SHALL BE DEPOSITED BY THE COMPTROLLER INTO THE SPECIAL OBLIGATION RESERVE AND PAYMENT ACCOUNT OF THE DEDICATED HIGHWAY AND BRIDGE TRUST FUND ESTABLISHED PURSUANT TO SECTION EIGHT-NINE-B OF THE STATE FINANCE LAW. S. 6357--B 8 A. 8557--B S 7. Section 88 of the highway law is amended by adding a new subdivi- sion 13 to read as follows: 13. ALL FEES COLLECTED BY THE COMMISSIONER PURSUANT TO THIS SECTION SHALL BE DEPOSITED BY THE COMPTROLLER INTO THE SPECIAL OBLIGATION RESERVE AND PAYMENT ACCOUNT OF THE DEDICATED HIGHWAY AND BRIDGE TRUST FUND ESTABLISHED PURSUANT TO SECTION EIGHTY-NINE-B OF THE STATE FINANCE LAW. S 8. Paragraph (a) of subdivision 3 of section 89-b of the state finance law, as amended by section 2 of part B of chapter 58 of the laws of 2012, is amended to read as follows: (a) The special obligation reserve and payment account shall consist (i) of all moneys required to be deposited in the dedicated highway and bridge trust fund pursuant to the provisions of sections two hundred five, two hundred eighty-nine-e, three hundred one-j, five hundred fifteen and eleven hundred sixty-seven of the tax law, section four hundred one of the vehicle and traffic law, and section thirty-one of chapter fifty-six of the laws of nineteen hundred ninety-three, (ii) all fees, fines or penalties collected by the commissioner of transportation pursuant to section fifty-two, section three hundred twenty-six, [and subdivisions five, eight and twelve of] section eighty-eight of the highway law, subdivision fifteen of section three hundred eighty-five of the vehicle and traffic law, section two of the chapter of the laws of two thousand three that amended this paragraph, subdivision (d) of section three hundred four-a, paragraph one of subdivision (a) and subdivision (d) of section three hundred five, subdivision six-a of section four hundred fifteen and subdivision (g) of section twenty-one hundred twenty-five of the vehicle and traffic law, section fifteen of this chapter, excepting moneys deposited with the state on account of betterments performed pursuant to subdivision twenty-seven or subdivi- sion thirty-five of section ten of the highway law, AND SECTIONS NINE- TY-FOUR, ONE HUNDRED THIRTY-FIVE, ONE HUNDRED FORTY-FOUR AND ONE HUNDRED FORTY-FIVE OF THE TRANSPORTATION LAW, (iii) any moneys collected by the department of transportation for services provided pursuant to agree- ments entered into in accordance with section ninety-nine-r of the general municipal law, and (iv) any other moneys collected therefor or credited or transferred thereto from any other fund, account or source. S 9. Paragraph (a) of subdivision 3 of section 89-b of the state finance law, as amended by section 3 of part B of chapter 58 of the laws of 2012, is amended to read as follows: (a) The special obligation reserve and payment account shall consist (i) of all moneys required to be deposited in the dedicated highway and bridge trust fund pursuant to the provisions of sections two hundred eighty-nine-e, three hundred one-j, five hundred fifteen and eleven hundred sixty-seven of the tax law, section four hundred one of the vehicle and traffic law, and section thirty-one of chapter fifty-six of the laws of nineteen hundred ninety-three, (ii) all fees, fines or penalties collected by the commissioner of transportation pursuant to section fifty-two, section three hundred twenty-six, [and subdivisions five, eight and twelve of] section eighty-eight of the highway law, subdivision fifteen of section three hundred eighty-five of the vehicle and traffic law, section fifteen of this chapter, excepting moneys deposited with the state on account of betterments performed pursuant to subdivision twenty-seven or subdivision thirty-five of section ten of the highway law, AND SECTIONS NINETY-FOUR, ONE HUNDRED THIRTY-FIVE, ONE HUNDRED FORTY-FOUR AND ONE HUNDRED FORTY-FIVE OF THE TRANSPORTATION LAW (iii) any moneys collected by the department of transportation for S. 6357--B 9 A. 8557--B services provided pursuant to agreements entered into in accordance with section ninety-nine-r of the general municipal law, and (iv) any other moneys collected therefor or credited or transferred thereto from any other fund, account or source. S 10. Paragraph a of subdivision 5 of section 89-b of the state finance law, as amended by section 60 of part HH of chapter 57 of the laws of 2013, is amended to read as follows: a. Moneys in the dedicated highway and bridge trust fund shall, following appropriation by the legislature, be utilized for: recon- struction, replacement, reconditioning, restoration, rehabilitation and preservation of state, county, town, city and village roads, highways, parkways, and bridges thereon, to restore such facilities to their intended functions; construction, reconstruction, enhancement and improvement of state, county, town, city, and village roads, highways, parkways, and bridges thereon, to address current and projected capacity problems including costs for traffic mitigation activities; aviation projects authorized pursuant to section fourteen-j of the transportation law and for payments to the general debt service fund of amounts equal to amounts required for service contract payments related to aviation projects as provided and authorized by section three hundred eighty-six of the public authorities law; programs to assist small and minority and women-owned firms engaged in transportation construction and recon- struction projects, including a revolving fund for working capital loans, and a bonding guarantee assistance program in accordance with provisions of this chapter; matching federal grants or apportionments to the state for highway, parkway and bridge capital projects; the acquisi- tion of real property and interests therein required or expected to be required in connection with such projects; preventive maintenance activ- ities necessary to ensure that highways, parkways and bridges meet or exceed their optimum useful life; expenses of control of snow and ice on state highways by the department of transportation including but not limited to personal services, nonpersonal services and fringe benefits, payment of emergency aid for control of snow and ice in municipalities pursuant to section fifty-five of the highway law, expenses of control of snow and ice on state highways by municipalities pursuant to section twelve of the highway law, and for expenses of arterial maintenance agreements with cities pursuant to section three hundred forty-nine of the highway law; personal services, NONPERSONAL SERVICES, and fringe benefit costs of the department of transportation for bus safety inspection activities, RAIL SAFETY INSPECTION ACTIVITIES, AND TRUCK SAFETY INSPECTION ACTIVITIES; costs of the department of motor vehicles, including but not limited to personal and nonpersonal services; costs of engineering and administrative services of the department of transporta- tion, including but not limited to fringe benefits; the contract services provided by private firms in accordance with section fourteen of the transportation law; personal services and nonpersonal services, for activities including but not limited to the preparation of designs, plans, specifications and estimates; construction management and super- vision activities; costs of appraisals, surveys, testing and environ- mental impact statements for transportation projects; expenses in connection with buildings, equipment, materials and facilities used or useful in connection with the maintenance, operation, and repair of highways, parkways and bridges thereon; and project costs for: construction, reconstruction, improvement, reconditioning and preserva- tion of rail freight facilities and intercity rail passenger facilities and equipment; construction, reconstruction, improvement, reconditioning S. 6357--B 10 A. 8557--B and preservation of state, municipal and privately owned ports; construction, reconstruction, improvement, reconditioning and preserva- tion of municipal airports; privately owned airports and aviation capi- tal facilities, excluding airports operated by the state or operated by a bi-state municipal corporate instrumentality for which federal funding is not available provided the project is consistent with an approved airport layout plan; and construction, reconstruction, enhancement, improvement, replacement, reconditioning, restoration, rehabilitation and preservation of state, county, town, city and village roads, high- ways, parkways and bridges; and construction, reconstruction, improve- ment, reconditioning and preservation of fixed ferry facilities of municipal and privately owned ferry lines for transportation purposes, and the payment of debt service required on any bonds, notes or other obligations and related expenses for highway, parkway, bridge and project costs for: construction, reconstruction, improvement, recondi- tioning and preservation of rail freight facilities and intercity rail passenger facilities and equipment; construction, reconstruction, improvement, reconditioning and preservation of state, municipal and privately owned ports; construction, reconstruction, improvement, recon- ditioning and preservation of municipal airports; privately owned airports and aviation capital facilities, excluding airports operated by the state or operated by a bi-state municipal corporate instrumentality for which federal funding is not available provided the project is consistent with an approved airport layout plan; construction, recon- struction, enhancement, improvement, replacement, reconditioning, resto- ration, rehabilitation and preservation of state, county, town, city and village roads, highways, parkways and bridges; and construction, recon- struction, improvement, reconditioning and preservation of fixed ferry facilities of municipal and privately owned ferry lines for transporta- tion purposes, purposes authorized on or after the effective date of this section. Beginning with disbursements made on and after the first day of April, nineteen hundred ninety-three, moneys in such fund shall be available to pay such costs or expenses made pursuant to appropri- ations or reappropriations made during the state fiscal year which began on the first of April, nineteen hundred ninety-two. Beginning the first day of April, nineteen hundred ninety-three, moneys in such fund shall also be used for transfers to the general debt service fund and the revenue bond tax fund of amounts equal to that respectively required for service contract and financing agreement payments as provided and authorized by section three hundred eighty of the public authorities law, section eleven of chapter three hundred twenty-nine of the laws of nineteen hundred ninety-one, as amended, and sections sixty-eight-c and sixty-nine-o of this chapter. S 11. Paragraph a of subdivision 5 of section 89-b of the state finance law, as amended by section 60-a of part HH of chapter 57 of the laws of 2013, is amended to read as follows: a. Moneys in the dedicated highway and bridge trust fund shall, following appropriation by the legislature, be utilized for: recon- struction, replacement, reconditioning, restoration, rehabilitation and preservation of state, county, town, city and village roads, highways, parkways, and bridges thereon, to restore such facilities to their intended functions; construction, reconstruction, enhancement and improvement of state, county, town, city, and village roads, highways, parkways, and bridges thereon, to address current and projected capacity problems including costs for traffic mitigation activities; aviation projects authorized pursuant to section fourteen-j of the transportation S. 6357--B 11 A. 8557--B law and for payments to the general debt service fund of amounts equal to amounts required for service contract payments related to aviation projects as provided and authorized by section three hundred eighty-six of the public authorities law; programs to assist small and minority and women-owned firms engaged in transportation construction and recon- struction projects, including a revolving fund for working capital loans, and a bonding guarantee assistance program in accordance with provisions of this chapter; matching federal grants or apportionments to the state for highway, parkway and bridge capital projects; the acquisi- tion of real property and interests therein required or expected to be required in connection with such projects; preventive maintenance activ- ities necessary to ensure that highways, parkways and bridges meet or exceed their optimum useful life; expenses of control of snow and ice on state highways by the department of transportation including but not limited to personal services, nonpersonal services and fringe benefits, payment of emergency aid for control of snow and ice in municipalities pursuant to section fifty-five of the highway law, expenses of control of snow and ice on state highways by municipalities pursuant to section twelve of the highway law, and for expenses of arterial maintenance agreements with cities pursuant to section three hundred forty-nine of the highway law; personal services, NONPERSONAL SERVICES, and fringe benefit costs of the department of transportation for bus safety inspection activities, RAIL SAFETY INSPECTION ACTIVITIES, AND TRUCK SAFETY INSPECTION ACTIVITIES; costs of engineering and administrative services of the department of transportation, including but not limited to fringe benefits; the contract services provided by private firms in accordance with section fourteen of the transportation law; personal services and nonpersonal services, for activities including but not limited to the preparation of designs, plans, specifications and esti- mates; construction management and supervision activities; costs of appraisals, surveys, testing and environmental impact statements for transportation projects; expenses in connection with buildings, equip- ment, materials and facilities used or useful in connection with the maintenance, operation, and repair of highways, parkways and bridges thereon; and project costs for: construction, reconstruction, improve- ment, reconditioning and preservation of rail freight facilities and intercity rail passenger facilities and equipment; construction, recon- struction, improvement, reconditioning and preservation of state, munic- ipal and privately owned ports; construction, reconstruction, improve- ment, reconditioning and preservation of municipal airports; privately owned airports and aviation capital facilities, excluding airports oper- ated by the state or operated by a bi-state municipal corporate instru- mentality for which federal funding is not available provided the project is consistent with an approved airport layout plan; and construction, reconstruction, enhancement, improvement, replacement, reconditioning, restoration, rehabilitation and preservation of state, county, town, city and village roads, highways, parkways and bridges; and construction, reconstruction, improvement, reconditioning and pres- ervation of fixed ferry facilities of municipal and privately owned ferry lines for transportation purposes, and the payment of debt service required on any bonds, notes or other obligations and related expenses for highway, parkway, bridge and project costs for: construction, recon- struction, improvement, reconditioning and preservation of rail freight facilities and intercity rail passenger facilities and equipment; construction, reconstruction, improvement, reconditioning and preserva- tion of state, municipal and privately owned ports; construction, recon- S. 6357--B 12 A. 8557--B struction, improvement, reconditioning and preservation of municipal airports; privately owned airports and aviation capital facilities, excluding airports operated by the state or operated by a bi-state municipal corporate instrumentality for which federal funding is not available provided the project is consistent with an approved airport layout plan; construction, reconstruction, enhancement, improvement, replacement, reconditioning, restoration, rehabilitation and preserva- tion of state, county, town, city and village roads, highways, parkways and bridges; and construction, reconstruction, improvement, recondition- ing and preservation of fixed ferry facilities of municipal and private- ly owned ferry lines for transportation purposes, purposes authorized on or after the effective date of this section. Beginning with disburse- ments made on and after the first day of April, nineteen hundred nine- ty-three, moneys in such fund shall be available to pay such costs or expenses made pursuant to appropriations or reappropriations made during the state fiscal year which began on the first of April, nineteen hundred ninety-two. Beginning the first day of April, nineteen hundred ninety-three, moneys in such fund shall also be used for transfers to the general debt service fund and the revenue bond tax fund of amounts equal to that respectively required for service contract and financing agreement payments as provided and authorized by section three hundred eighty of the public authorities law, section eleven of chapter three hundred twenty-nine of the laws of nineteen hundred ninety-one, as amended, and sections sixty-eight-c and sixty-nine-o of this chapter. S 12. This act shall take effect immediately, provided that the amendments to paragraph (a) of subdivision 3 of section 89-b of the state finance law made by section eight of this act shall be subject to the expiration and reversion of such paragraph pursuant to section 13 of part U1 of chapter 62 of the laws of 2003, as amended, when upon such date the provisions of section nine of this act shall take effect; and provided further that the amendments to paragraph a of subdivision 5 of section 89-b of the state finance law made by section ten of this act shall be subject to the expiration and reversion of such paragraph pursuant to section 2 of part B of chapter 84 of the laws of 2002, as amended, when upon such date the provisions of section eleven of this act shall take effect. PART D Section 1. Section 2 of part D of chapter 58 of the laws of 2013, relating to the hours of operation of the department of motor vehicles and providing for the repeal of such provisions upon expiration thereof, is amended to read as follows: S 2. This act shall take effect immediately [and shall expire and be deemed repealed two years after such date]. S 2. This act shall take effect immediately. PART E Section 1. The article heading of article 12-C of the vehicle and traffic law, as added by chapter 751 of the laws of 2005, is amended to read as follows: ACCIDENT PREVENTION COURSE INTERNET, AND OTHER TECHNOLOGY [PILOT] PROGRAM S 2. Sections 399-m and 399-o of the vehicle and traffic law are REPEALED. S. 6357--B 13 A. 8557--B S 3. Sections 399-k and 399-l of the vehicle and traffic law, as added by chapter 751 of the laws of 2005, are amended to read as follows: S 399-k. Accident prevention course internet technology [pilot] program. The commissioner shall establish and implement a comprehensive [pilot] program to [review and study] ALLOW internet, and other technol- ogies as approved by the commissioner, as a training method for the administration and completion of an approved accident prevention course for the purposes of granting point and insurance premium reduction bene- fits. S 399-l. Application. Applicants for participation in the [pilot] program established pursuant to this article shall be among those acci- dent prevention course sponsoring agencies that have a course approved by the commissioner pursuant to article twelve-B of this title [prior to the effective date of this article and which deliver] AND HAVE SATISFAC- TORILY DELIVERED such course to the public FOR A PERIOD OF ONE YEAR AND CONTINUE TO DELIVER SUCH COURSE, UNLESS EXEMPTED BY THE COMMISSIONER. [Provided, however, the commissioner may, in his or her discretion, approve applications after such date.] In order to be approved for participation in such [pilot] program, the course must comply with the provisions of law, rules and regulations applicable thereto. The commissioner may, in his or her discretion, impose a fee for the submission of each application to participate in the [pilot] program established pursuant to this article. Such fee shall not exceed seven thousand five hundred dollars. The proceeds from such fee shall be deposited in the accident prevention course internet technology [pilot] program fund as established by section eighty-nine-g of the state finance law. S 4. Subdivision 2 of section 399-n of the vehicle and traffic law, as added by chapter 751 of the laws of 2005, is amended to read as follows: 2. The commissioner is authorized to impose a fee upon each accident prevention course sponsoring agency approved for participation in the [pilot] program, which shall not exceed eight dollars for each student who completes an accident prevention course by means of the [pilot] program established pursuant to this article. S 5. The section heading, subdivisions 1 and 3 of section 89-g of the state finance law, as added by chapter 751 of the laws of 2005, are amended to read as follows: Accident prevention course internet, and other technology [pilot] program fund. 1. There is hereby established in the joint custody of the state comptroller and the commissioner of taxation and finance a special fund to be known as the "accident prevention course internet, and other technology [pilot] program fund". 3. The moneys in the accident prevention course internet, and other technology [pilot] program fund shall be kept separate and shall not be commingled with any other moneys in the custody of the commissioner of taxation and finance and the state comptroller. S 6. Section 5 of chapter 751 of the laws of 2005, amending the insur- ance law and the vehicle and traffic law, relating to establishing the accident prevention course internet technology pilot program, is amended to read as follows: S 5. This act shall take effect on the one hundred eightieth day after it shall have become a law [and shall expire and be deemed repealed five years after the date that the accident prevention course internet, and other technology pilot program is established and implemented by the commissioner of motor vehicles pursuant to article 12-C of the vehicle and traffic law, as added by section three of this act]; provided that S. 6357--B 14 A. 8557--B any rules and regulations necessary to implement the provisions of this act on its effective date are authorized and directed to be completed on or before such date; and provided, further, that the commissioner of motor vehicles shall notify the legislative bill drafting commission of the date he or she establishes and implements the accident prevention course internet technology pilot program pursuant to article 12-C of the vehicle and traffic law, as added by section three of this act, in order that such commission may maintain an accurate and timely effective data base of the official text of the laws of the state of New York in furth- erance of effecting the provisions of section 44 of the legislative law and section 70-b of the public officers law. S 7. This act shall take effect immediately; provided that sections one through five of this act shall take effect May 18, 2014. PART F Section 1. Subdivision 3 of section 510-a of the vehicle and traffic law is amended by adding a new paragraph (f) to read as follows: (F) A COMMERCIAL DRIVER'S LICENSE SHALL BE SUSPENDED BY THE COMMIS- SIONER IF THE HOLDER FAILS TO AMEND THE LICENSE TO ADD OR REMOVE A LICENSE RESTRICTION AS DIRECTED BY THE COMMISSIONER. SUCH SUSPENSION SHALL REMAIN IN EFFECT UNTIL THE HOLDER OF THE COMMERCIAL DRIVER'S LICENSE AMENDS HIS OR HER LICENSE AS DIRECTED BY THE COMMISSIONER. THE COMMISSIONER SHALL DIRECT THE HOLDER OF SUCH COMMERCIAL DRIVER'S LICENSE, BY FIRST CLASS MAIL TO THE ADDRESS OF SUCH PERSON ON FILE WITH THE DEPARTMENT OR AT THE CURRENT ADDRESS PROVIDED BY THE UNITED STATES POSTAL SERVICE, TO AMEND HIS OR HER COMMERCIAL DRIVER'S LICENSE BY ADDING OR REMOVING A SPECIFIED RESTRICTION, AND THAT FAILURE TO AMEND SUCH LICENSE AS DIRECTED SHALL RESULT IN THE SUSPENSION OF HIS OR HER COMMERCIAL DRIVER'S LICENSE NO EARLIER THAN THIRTY DAYS FROM THE DATE OF THE NOTICE TO SUCH HOLDER. S 2. Subdivision 1-a of section 509 of the vehicle and traffic law, as added by section 1 of part J of chapter 59 of the laws of 2006, is amended to read as follows: 1-a. Whenever a license is required to operate a commercial motor vehicle, no person shall operate a commercial motor vehicle without the proper endorsements for the specific vehicle being operated or for the passengers or type of cargo being transported; OR WITHOUT THE PROPER RESTRICTIONS OR WITH RESTRICTIONS THAT ARE INAPPLICABLE TO OR INAPPRO- PRIATE FOR THE HOLDER FOR HIS OR HER OPERATION OF COMMERCIAL MOTOR VEHI- CLES. S 3. This act shall take effect immediately. PART G Section 1. Section 2985 of title 11 of article 9 of the public author- ities law is designated title 11-A and such title is amended by adding a new title heading to read as follows: TOLL COLLECTIONS S 2. Subdivision 1 of section 2985 of the public authorities law, as added by chapter 379 of the laws of 1992, is amended to read as follows: 1. Notwithstanding any other provision of law, every public authority which operates a toll highway bridge and/or tunnel facility is hereby authorized and empowered to impose monetary liability [on the owner of a vehicle] for failure [of an operator thereof] to comply with the toll S. 6357--B 15 A. 8557--B collection regulations of such public authority in accordance with the provisions of this section. S 3. Subdivision 3 of section 2985 of the public authorities law, as added by chapter 379 of the laws of 1992, is amended to read as follows: 3. For purposes of this section, the term "owner" shall mean any person, corporation, partnership, firm, agency, association, lessor or organization who, at the time of the violation OR WHEN THE OBLIGATION TO PAY THE TOLL IS INCURRED and with respect to the vehicle identified in the notice of liability: (a) is the beneficial or equitable owner of such vehicle; or (b) has title to such vehicle; or (c) is the registrant or co-registrant of such vehicle which is registered with the department of motor vehicles of this state or any other state, territory, district, province, nation or other jurisdiction; or (d) subject to the limita- tions set forth in subdivision ten of this section, uses such vehicle in its vehicle renting and/or leasing business; and includes (e) a person entitled to the use and possession of a vehicle subject to a security interest in another person. For purposes of this section, the term "photo-monitoring system" shall mean a vehicle sensor installed to work in conjunction with a toll collection facility which automatically produces one or more photographs, one or more microphotographs, a vide- otape or other recorded images of each vehicle at the time it is used or operated in [violation of toll collection regulations] OR UPON A TOLL FACILITY. For purposes of this section, the term "toll collection regu- lations" shall mean: those rules and regulations of a public authority providing for and requiring the payment of tolls and/or charges prescribed by such public authority for the use of bridges, tunnels or highways under its jurisdiction or those rules and regulations of a public authority making it unlawful to refuse to pay or to evade or to attempt to evade the payment of all or part of any toll and/or charge for the use of bridges, tunnels or highways under the jurisdiction of such public authority. For purposes of this section, the term "vehicle" shall mean every device in, upon or by which a person or property is or may be transported or drawn upon a highway, except devices used exclu- sively upon stationary rails or tracks. S 4. Subdivision 4 of section 2985 of the public authorities law, as added by chapter 379 of the laws of 1992, is amended to read as follows: 4. A certificate, sworn to or affirmed by an agent of the public authority which charged that the violation occurred, or a facsimile thereof, based upon inspection of [photographs, microphotographs, vide- otape or other recorded images] DATA OR IMAGES produced by [a photo-mon- itoring] AN ELECTRONIC TOLL COLLECTION system OR OTHER RECORDS MAIN- TAINED BY OR ON BEHALF OF THE PUBLIC AUTHORITY REGARDING TOLL VIOLATIONS shall be prima facie evidence of the facts contained therein and shall be admissible in any proceeding charging a violation of toll collection regulations, provided that any [photographs, microphotographs, videotape or other recorded images] SUCH DATA, IMAGES, OR RECORDS evidencing such a violation shall be available for inspection and admission into evidence in any proceeding to adjudicate the liability for such violation. S 5. Subdivision 5 of section 2985 of the public authorities law, as added by chapter 379 of the laws of 1992, is amended to read as follows: 5. An owner found liable for a violation of toll collection regu- lations pursuant to this section shall for a first violation thereof be liable for THE FULL AMOUNT OF THE ASSESSED TOLLS AND OTHER CHARGES AND FEES IN ADDITION TO a monetary penalty not to exceed [fifty] ONE HUNDRED dollars or two times the toll evaded whichever is greater; for a second S. 6357--B 16 A. 8557--B violation thereof both within eighteen months be liable for THE FULL AMOUNT OF THE ASSESSED TOLLS AND OTHER CHARGES AND FEES IN ADDITION TO a monetary penalty not to exceed [one] TWO hundred dollars or five times the toll evaded whichever is greater; for a third or subsequent violation thereof all within eighteen months be liable for THE FULL AMOUNT OF THE ASSESSED TOLLS AND OTHER CHARGES AND FEES IN ADDITION TO a monetary penalty not to exceed [one] THREE hundred [fifty] dollars or ten times the toll evaded whichever is greater. S 6. Paragraphs (a), (b) and (d) of subdivision 7 of section 2985 of the public authorities law, as added by chapter 379 of the laws of 1992, are amended to read as follows: (a) A notice of liability shall be sent by first class mail to each person alleged to be liable as an owner for a violation of toll collection regulations. Such notice shall be mailed no later than [thir- ty] ONE HUNDRED TWENTY days after the alleged violation. Personal deliv- ery on the owner shall not be required. A manual or automatic record of mailing prepared in the ordinary course of business shall be prima facie evidence of the mailing of the notice. (b) A notice of liability shall contain the name and address of the person alleged to be liable as an owner for a violation of toll collection regulations pursuant to this section, the registration number AND STATE OF REGISTRATION of the vehicle involved in such violation, the [location where such violation took place, the date and time] LOCATIONS, DATES AND TIMES of EACH USE OF THE FACILITY THAT FORMS THE BASIS OF such violation, THE AMOUNT OF THE ASSESSED TOLLS AND OTHER CHARGES AND FEES, and the identification number of the [photo-monitoring] ELECTRONIC TOLL COLLECTION system which recorded the [violation] VEHICLE BEING USED OR OPERATED ON THE TOLL FACILITY or other document locator number. (d) The notice of liability shall be prepared and mailed by OR ON BEHALF OF the public authority having jurisdiction over the toll facili- ty where the violation of toll collection regulations occurred. S 7. Subdivision 8 of section 2985 of the public authorities law, as added by chapter 379 of the laws of 1992, is amended to read as follows: 8. Adjudication of the liability imposed upon owners by this section shall be by the entity having jurisdiction over violations of the rules and regulations of the public authority serving the notice of liability or where authorized by an administrative tribunal and all violations shall be heard and determined in the county in which the violation is alleged to have occurred, or in New York city and upon the consent of both parties, in any county within New York city in which the public authority operates or maintains a facility, and in the same manner as charges of other regulatory violations of such public authority or pursuant to the rules and regulations of such administrative tribunal as the case may be. THE ENTITY OR ADMINISTRATIVE TRIBUNAL THAT ADJUDICATES LIABILITY FOR A VIOLATION SHALL COLLECT THE FULL AMOUNT OF THE ASSESSED TOLLS AND OTHER CHARGES AND FEES IN ADDITION TO THE MONETARY PENALTY OWED, AND SHALL PAY TO THE PUBLIC AUTHORITY WHOSE TOLL COLLECTION REGU- LATIONS WERE VIOLATED THE FULL AMOUNT OF THE ASSESSED TOLLS AND OTHER CHARGES AND FEES AND ONE-HALF OF THE MONETARY PENALTY. S 8. Subdivision 10 of section 2985 of the public authorities law, as amended by chapter 666 of the laws of 1993, is amended to read as follows: 10. An owner who is a lessor of a vehicle to which a notice of liabil- ity was issued pursuant to subdivision seven of this section shall not be liable for the violation of the toll collection regulation provided that he or she sends to the public authority [serving the notice of S. 6357--B 17 A. 8557--B liability and to the court or other entity having jurisdiction] OR ITS DULY AUTHORIZED AGENT FOR THIS PURPOSE a copy of the rental, lease or other such contract document covering such vehicle on the date of [the violation] USE OF A TOLL FACILITY, with the name and address of the lessee clearly legible, within thirty days after receiving [the original] notice of [liability] USE OF THE TOLL FACILITY BY SUCH VEHICLE. Failure to send such information within such thirty day time period shall render the lessor liable for the penalty prescribed by this section. Where the lessor complies with the provisions of this subdivi- sion, the lessee of such vehicle on the date of such [violation] USE OF THE TOLL FACILITY shall be deemed to be the owner of such vehicle for purposes of this section and shall be subject to liability for the violation of toll collection regulations[, provided that the public authority mails a notice of liability to the lessee within ten days after the court, or other entity having jurisdiction, deems the lessee to be the owner]. For purposes of this subdivision the term "lessor" shall mean any person, corporation, firm, partnership, agency, associ- ation or organization engaged in the business of renting or leasing vehicles to any lessee under a rental agreement, lease or otherwise wherein the said lessee has the exclusive use of said vehicle for any period of time. For purposes of this subdivision, the term "lessee" shall mean any person, corporation, firm, partnership, agency, associ- ation or organization that rents, leases or contracts for the use of one or more vehicles and has exclusive use thereof for any period of time. S 9. Subdivision 11 of section 2985 of the public authorities law, as added by chapter 379 of the laws of 1992, is amended to read as follows: 11. Except as provided in subdivision ten of this section, if a person receives a notice of liability pursuant to this section it shall be a valid defense to an allegation of liability for a violation of toll collection regulations that the individual who received the notice of liability pursuant to this section was not the owner of the vehicle at the time the [violation occurred] OBLIGATION FOR PAYMENT OF THE TOLL AND OTHER CHARGES WAS INCURRED. If the owner liable for a violation of toll collection regulations pursuant to this section was not the operator of the vehicle at the time of the violation, the owner may maintain an action for indemnification against the operator. S 10. Subdivision 12 of section 2985 of the public authorities law, as added by chapter 379 of the laws of 1992, is amended to read as follows: 12. "Electronic toll collection system" shall mean a system of collecting tolls or OTHER charges [which is capable of charging an account holder the appropriate toll or charge by transmission of infor- mation from an electronic device on a motor vehicle to the toll lane, which information is used to charge the account the appropriate toll or charge] USING ELECTRONIC DATA AND IMAGES. In adopting procedures for the preparation and mailing of a notice of liability, the public author- ity having jurisdiction over the toll facility shall adopt guidelines to ensure adequate and timely notice to all electronic toll collection system account holders to inform them when their accounts are delin- quent. An owner who is an account holder under the electronic toll collection system shall not be found liable for a violation of this section unless such authority has first sent a notice of delinquency to such account holder and the account holder was in fact delinquent at the time of the violation. S 11. Section 2985 of the public authorities law is amended by adding three new subdivisions 15, 16 and 17 to read as follows: S. 6357--B 18 A. 8557--B 15. IN ADDITIONAL TO ANY MONETARY LIABILITY THAT MAY BE IMPOSED PURSUANT TO THIS SECTION, A PUBLIC AUTHORITY THAT OPERATES A TOLL HIGH- WAY, BRIDGE OR TUNNEL FACILITY IS HEREBY AUTHORIZED AND EMPOWERED TO IMPOSE AN ADMINISTRATIVE FEE OR FEES ON AN OWNER, AN OPERATOR OR AN ACCOUNT HOLDER THAT HAS VIOLATED TOLL COLLECTION REGULATIONS. 16. ANY NOTICE REQUIRED TO BE SENT PURSUANT TO THIS SECTION BY FIRST CLASS MAIL MAY INSTEAD BE SENT, WITH CONSENT, BY ELECTRONIC MEANS OF COMMUNICATION. A MANUAL OR AUTOMATIC RECORD OF ELECTRONIC COMMUNICATIONS PREPARED IN THIS ORDINARY COURSE OF BUSINESS SHALL BE ADEQUATE EVIDENCE OF ELECTRONIC NOTICE. 17. THE NEW YORK STATE THRUWAY AUTHORITY AND THE NEW YORK STATE BRIDGE AUTHORITY ARE AUTHORIZED TO ADOPT RULES AND REGULATIONS TO ESTABLISH AN ADMINISTRATIVE TRIBUNAL TO ADJUDICATE THE LIABILITY OF OWNERS FOR VIOLATION OF TOLL COLLECTION REGULATIONS AS DEFINED IN AND IN ACCORDANCE WITH THE PROVISIONS OF THIS SECTION AND THE APPLICABLE TOLL REGULATIONS OF SUCH AUTHORITIES. SUCH TRIBUNAL SHALL HAVE, WITH RESPECT TO VIOLATION OF TOLL COLLECTION REGULATIONS OF SUCH AUTHORITIES, NON-EXCLUSIVE JURIS- DICTION OVER VIOLATIONS OF THE RULES AND REGULATIONS WHICH MAY FROM TIME TO TIME BE ESTABLISHED BY SUCH AUTHORITIES IN ACCORDANCE WITH THE PROVISIONS OF THIS SECTION. VIOLATIONS SHALL BE HEARD AND DETERMINED IN THE COUNTY IN WHICH THE VIOLATION IS ALLEGED TO HAVE OCCURRED OR IN THE COUNTY IN WHICH THE PUBLIC AUTHORITY HAS ITS PRIMARY OR REGIONAL ADMIN- ISTRATIVE OFFICES AND REGULATIONS MAY PROVIDE FOR THE CONDUCT OF HEAR- INGS VIA VIDEOCONFERENCING. S 12. Subdivision 2 of section 87 of the public officers law is amended by adding a new paragraph (n) to read as follows: (N) ARE DATA OR IMAGES PRODUCED BY AN ELECTRONIC TOLL COLLECTION SYSTEM UNDER AUTHORITY OF SECTION TWO THOUSAND NINE HUNDRED EIGHTY-FIVE OF THE PUBLIC AUTHORITIES LAW. S 13. Subdivision 4-d of section 510 of the vehicle and traffic law, as added by chapter 379 of the laws of 1992, is amended to read as follows: 4-d. Suspension of registration for failure to answer or pay penalties with respect to certain violations. Upon the receipt of a notification, IN THE MANNER AND FORM PRESCRIBED BY THE COMMISSIONER, from a court [or], an administrative tribunal, A PUBLIC AUTHORITY, OR ANY OTHER PUBLIC ENTITY IMPOSING VIOLATIONS, that an owner of a motor vehicle failed to appear on the return date or dates or a new subsequent adjourned date or dates or failed to pay any penalty imposed by a court or failed to comply with the rules and regulations of an administrative tribunal following entry of a final decision or decisions, in response to [five] THREE or more notices of liability or other process, issued within an eighteen month period FROM ANY AND ALL JURISDICTIONS charging such owner with a violation of toll collection regulations in accordance with the provisions of section two thousand nine hundred eighty-five of the public authorities law or sections sixteen-a, sixteen-b and sixteen-c of chapter seven hundred seventy-four of the laws of nineteen hundred fifty, OR OTHER COMPARABLE LAW, the commissioner or his OR HER agent shall suspend the registration of the vehicle or vehicles involved in the violation or the privilege of operation of any motor vehicle owned by the registrant. Such suspension shall take effect no less than thirty days from the date on which notice thereof is sent by the commis- sioner to the person whose registration or privilege is suspended and shall remain in effect until such registrant has appeared in response to such notices of liability or has paid such penalty or in the case of an S. 6357--B 19 A. 8557--B administrative tribunal, the registrant has complied with the rules and regulations following the entry of a final decision or decisions. S 14. Subdivision 8 of section 402 of the vehicle and traffic law, as amended by chapter 61 of the laws of 1989 and as renumbered by chapter 648 of the laws of 2006, is amended and a new subdivision 9 is added to read as follows: 8. [The] EXCEPT AS PROVIDED IN SUBDIVISION NINE OF THIS SECTION, THE violation of this section shall be punishable by a fine of not less than twenty-five nor more than two hundred dollars. 9. THE VIOLATION OF THIS SECTION ON A TOLL HIGHWAY, BRIDGE AND/OR TUNNEL FACILITY SHALL BE PUNISHABLE BY A FINE OF NOT LESS THAN ONE HUNDRED NOR MORE THAN FIVE HUNDRED DOLLARS. S 15. Subparagraph (i) of paragraph a of subdivision 5-a of section 401 of the vehicle and traffic law, as amended by section 9 of chapter 189 of the laws of 2013, is amended to read as follows: (i) If at the time of application for a registration or renewal there- of there is a certification from a court, parking violations bureau, traffic and parking violations agency or administrative tribunal of appropriate jurisdiction [or administrative tribunal of appropriate jurisdiction] that the registrant or his or her representative failed to appear on the return date or any subsequent adjourned date or failed to comply with the rules and regulations of an administrative tribunal following entry of a final decision in response to a total of three or more summonses or other process in the aggregate, issued within an eigh- teen month period, charging either that: (i) such motor vehicle was parked, stopped or standing, or that such motor vehicle was operated for hire by the registrant or his or her agent without being licensed as a motor vehicle for hire by the appropriate local authority, in violation of any of the provisions of this chapter or of any law, ordinance, rule or regulation made by a local authority; or (ii) the registrant was liable in accordance with section eleven hundred eleven-a of this chap- ter or section eleven hundred eleven-b of this chapter for a violation of subdivision (d) of section eleven hundred eleven of this chapter; or (iii) the registrant was liable in accordance with section eleven hundred eleven-c of this chapter for a violation of a bus lane restriction as defined in such section, or (iv) the registrant was liable in accordance with section eleven hundred eighty-b of this chap- ter for a violation of subdivision (c) or (d) of section eleven hundred eighty of this chapter; OR (V) THE REGISTRANT WAS LIABLE IN ACCORDANCE WITH SECTION TWO THOUSAND NINE HUNDRED EIGHTY-FIVE OF THE PUBLIC AUTHOR- ITIES LAW OR SECTIONS SIXTEEN-A, SIXTEEN-B OR SIXTEEN-C OF CHAPTER SEVEN HUNDRED SEVENTY-FOUR OF THE LAWS OF NINETEEN HUNDRED FIFTY, the commis- sioner or his or her agent shall deny the registration or renewal appli- cation until the applicant provides proof from the court, traffic and parking violations agency or administrative tribunal wherein the charges are pending that an appearance or answer has been made or in the case of an administrative tribunal that he or she has complied with the rules and regulations of said tribunal following entry of a final decision. Where an application is denied pursuant to this section, the commission- er may, in his or her discretion, deny a registration or renewal appli- cation to any other person for the same vehicle and may deny a registra- tion or renewal application for any other motor vehicle registered in the name of the applicant where the commissioner has determined that such registrant's intent has been to evade the purposes of this subdivi- sion and where the commissioner has reasonable grounds to believe that such registration or renewal will have the effect of defeating the S. 6357--B 20 A. 8557--B purposes of this subdivision. Such denial shall only remain in effect as long as the summonses remain unanswered, or in the case of an adminis- trative tribunal, the registrant fails to comply with the rules and regulations following entry of a final decision. S 15-a. Paragraph a of subdivision 5-a of section 401 of the vehicle and traffic law, as amended by section 9-a of chapter 189 of the laws of 2013, is amended to read as follows: a. If at the time of application for a registration or renewal thereof there is a certification from a court or administrative tribunal of appropriate jurisdiction that the registrant or his or her represen- tative failed to appear on the return date or any subsequent adjourned date or failed to comply with the rules and regulations of an adminis- trative tribunal following entry of a final decision in response to a total of three or more summonses or other process in the aggregate, issued within an eighteen month period, charging either that: (i) such motor vehicle was parked, stopped or standing, or that such motor vehi- cle was operated for hire by the registrant or his or her agent without being licensed as a motor vehicle for hire by the appropriate local authority, in violation of any of the provisions of this chapter or of any law, ordinance, rule or regulation made by a local authority; or (ii) the registrant was liable in accordance with section eleven hundred eleven-b of this chapter for a violation of subdivision (d) of section eleven hundred eleven of this chapter; or (iii) the registrant was liable in accordance with section eleven hundred eleven-c of this chap- ter for a violation of a bus lane restriction as defined in such section; or (iv) the registrant was liable in accordance with section eleven hundred eighty-b of this chapter for a violation of subdivision (b), (c), (d), (f) or (g) of section eleven hundred eighty of this chap- ter; OR (V) THE REGISTRANT WAS LIABLE IN ACCORDANCE WITH SECTION TWO THOUSAND NINE HUNDRED EIGHTY-FIVE OF THE PUBLIC AUTHORITIES LAW OR SECTIONS SIXTEEN-A, SIXTEEN-B OR SIXTEEN-C OF CHAPTER SEVEN HUNDRED SEVENTY-FOUR OF THE LAWS OF NINETEEN HUNDRED FIFTY, the commissioner or his or her agent shall deny the registration or renewal application until the applicant provides proof from the court or administrative tribunal wherein the charges are pending that an appearance or answer has been made or in the case of an administrative tribunal that he or she has complied with the rules and regulations of said tribunal follow- ing entry of a final decision. Where an application is denied pursuant to this section, the commissioner may, in his or her discretion, deny a registration or renewal application to any other person for the same vehicle and may deny a registration or renewal application for any other motor vehicle registered in the name of the applicant where the commis- sioner has determined that such registrant's intent has been to evade the purposes of this subdivision and where the commissioner has reason- able grounds to believe that such registration or renewal will have the effect of defeating the purposes of this subdivision. Such denial shall only remain in effect as long as the summonses remain unanswered, or in the case of an administrative tribunal, the registrant fails to comply with the rules and regulations following entry of a final decision. S 15-b. Paragraph a of subdivision 5-a of section 401 of the vehicle and traffic law, as amended by section 9-b of chapter 189 of the laws of 2013, is amended to read as follows: a. If at the time of application for a registration or renewal thereof there is a certification from a court or administrative tribunal of appropriate jurisdiction that the registrant or his or her represen- tative failed to appear on the return date or any subsequent adjourned S. 6357--B 21 A. 8557--B date or failed to comply with the rules and regulations of an adminis- trative tribunal following entry of a final decision in response to three or more summonses or other process, issued within an eighteen month period, charging that such motor vehicle was parked, stopped or standing, or that such motor vehicle was operated for hire by the regis- trant or his or her agent without being licensed as a motor vehicle for hire by the appropriate local authority, in violation of any of the provisions of this chapter or of any law, ordinance, rule or regulation made by a local authority, or the registrant was liable in accordance with section eleven hundred eleven-c of this chapter for a violation of a bus lane restriction as defined in such section, or the registrant was liable in accordance with section eleven hundred eighty-b of this chap- ter for a violation of subdivision (b), (c), (d), (f) or (g) of section eleven hundred eighty of this chapter, OR THE REGISTRANT WAS LIABLE IN ACCORDANCE WITH SECTION TWO THOUSAND NINE HUNDRED EIGHTY-FIVE OF THE PUBLIC AUTHORITIES LAW OR SECTIONS SIXTEEN-A, SIXTEEN-B OR SIXTEEN-C OF CHAPTER SEVEN HUNDRED SEVENTY-FOUR OF THE LAWS OF NINETEEN HUNDRED FIFTY, the commissioner or his or her agent shall deny the registration or renewal application until the applicant provides proof from the court or administrative tribunal wherein the charges are pending that an appearance or answer has been made or in the case of an administrative tribunal that he or she has complied with the rules and regulations of said tribunal following entry of a final decision. Where an application is denied pursuant to this section, the commissioner may, in his or her discretion, deny a registration or renewal application to any other person for the same vehicle and may deny a registration or renewal application for any other motor vehicle registered in the name of the applicant where the commissioner has determined that such registrant's intent has been to evade the purposes of this subdivision and where the commissioner has reasonable grounds to believe that such registration or renewal will have the effect of defeating the purposes of this subdivi- sion. Such denial shall only remain in effect as long as the summonses remain unanswered, or in the case of an administrative tribunal, the registrant fails to comply with the rules and regulations following entry of a final decision. S 15-c. Paragraph a of subdivision 5-a of section 401 of the vehicle and traffic law, as amended by section 9-c of chapter 189 of the laws of 2013, is amended to read as follows: a. If at the time of application for a registration or renewal thereof there is a certification from a court or administrative tribunal of appropriate jurisdiction that the registrant or his representative failed to appear on the return date or any subsequent adjourned date or failed to comply with the rules and regulations of an administrative tribunal following entry of a final decision in response to three or more summonses or other process, issued within an eighteen month period, charging that such motor vehicle was parked, stopped or standing, or that such motor vehicle was operated for hire by the registrant or his agent without being licensed as a motor vehicle for hire by the appro- priate local authority, in violation of any of the provisions of this chapter or of any law, ordinance, rule or regulation made by a local authority, or the registrant was liable in accordance with section elev- en hundred eighty-b of this chapter for violations of subdivision (b), (c), (d), (f) or (g) of section eleven hundred eighty of this chapter, OR THE REGISTRANT WAS LIABLE IN ACCORDANCE WITH SECTION TWO THOUSAND NINE HUNDRED EIGHTY-FIVE OF THE PUBLIC AUTHORITIES LAW OR SECTIONS SIXTEEN-A, SIXTEEN-B OR SIXTEEN-C OF CHAPTER SEVEN HUNDRED SEVENTY-FOUR S. 6357--B 22 A. 8557--B OF THE LAWS OF NINETEEN HUNDRED FIFTY, the commissioner or his agent shall deny the registration or renewal application until the applicant provides proof from the court or administrative tribunal wherein the charges are pending that an appearance or answer has been made or in the case of an administrative tribunal that he has complied with the rules and regulations of said tribunal following entry of a final decision. Where an application is denied pursuant to this section, the commission- er may, in his discretion, deny a registration or renewal application to any other person for the same vehicle and may deny a registration or renewal application for any other motor vehicle registered in the name of the applicant where the commissioner has determined that such regis- trant's intent has been to evade the purposes of this subdivision and where the commissioner has reasonable grounds to believe that such registration or renewal will have the effect of defeating the purposes of this subdivision. Such denial shall only remain in effect as long as the summonses remain unanswered, or in the case of an administrative tribunal, the registrant fails to comply with the rules and regulations following entry of a final decision. S 15-d. Paragraph a of subdivision 5-a of section 401 of the vehicle and traffic law, as separately amended by chapters 339 and 592 of the laws of 1987, is amended to read as follows: a. If at the time of application for a registration or renewal thereof there is a certification from a court or administrative tribunal of appropriate jurisdiction that the registrant or his representative failed to appear on the return date or any subsequent adjourned date or failed to comply with the rules and regulations of an administrative tribunal following entry of a final decision in response to three or more summonses or other process, issued within an eighteen month period, charging that such motor vehicle was parked, stopped or standing, or that such motor vehicle was operated for hire by the registrant or his agent without being licensed as a motor vehicle for hire by the appro- priate local authority, in violation of any of the provisions of this chapter or of any law, ordinance, rule or regulation made by a local authority, OR THE REGISTRANT WAS LIABLE IN ACCORDANCE WITH SECTION TWO THOUSAND NINE HUNDRED EIGHTY-FIVE OF THE PUBLIC AUTHORITIES LAW OR SECTIONS SIXTEEN-A, SIXTEEN-B OR SIXTEEN-C OF CHAPTER SEVEN HUNDRED SEVENTY-FOUR OF THE LAWS OF NINETEEN HUNDRED FIFTY, the commissioner or his agent shall deny the registration or renewal application until the applicant provides proof from the court or administrative tribunal wher- ein the charges are pending that an appearance or answer has been made or in the case of an administrative tribunal that he has complied with the rules and regulations of said tribunal following entry of a final decision. Where an application is denied pursuant to this section, the commissioner may, in his discretion, deny a registration or renewal application to any other person for the same vehicle and may deny a registration or renewal application for any other motor vehicle regis- tered in the name of the applicant where the commissioner has determined that such registrant's intent has been to evade the purposes of this subdivision and where the commissioner has reasonable grounds to believe that such registration or renewal will have the effect of defeating the purposes of this subdivision. Such denial shall only remain in effect as long as the summonses remain unanswered, or in the case of an adminis- trative tribunal, the registrant fails to comply with the rules and regulations following entry of a final decision. S 16. The vehicle and traffic law is amended by adding a new section 518 to read as follows: S. 6357--B 23 A. 8557--B S 518. RECIPROCAL AGREEMENTS CONCERNING SUSPENSION OR DENIAL OF REGIS- TRATION OF A MOTOR VEHICLE FOR VIOLATIONS OF TOLL COLLECTION REGU- LATIONS. 1. THE COMMISSIONER MAY EXECUTE A RECIPROCAL COMPACT OR AGREE- MENT REGARDING TOLL COLLECTION VIOLATIONS WITH THE MOTOR VEHICLE ADMINISTRATOR OR OTHER AUTHORIZED OFFICIAL OF ANOTHER STATE NOT INCON- SISTENT WITH THE PROVISIONS OF THIS CHAPTER. SUCH COMPACT OR AGREEMENT SHALL PROVIDE THAT IF A REGISTRATION OF A MOTOR VEHICLE WOULD BE SUSPENDED PURSUANT TO SUBDIVISION FIVE-A OF SECTION FOUR HUNDRED ONE OF THIS CHAPTER, OR PURSUANT TO A COMPARABLE LAW OR REGULATION OF ANOTHER STATE, OR IF THE REGISTRATION OR RENEWAL OF A MOTOR VEHICLE WOULD BE DENIED PURSUANT TO SUBDIVISION FOUR-D OF SECTION 510 OF THIS ARTICLE, OR PURSUANT TO A COMPARABLE LAW OR REGULATION OF ANOTHER STATE, BECAUSE AN OWNER OF A MOTOR VEHICLE (A) FAILED TO APPEAR, (B) FAILED TO PAY ANY PENALTY IMPOSED BY A COURT, OR (C) FAILED TO COMPLY WITH THE RULES AND REGULATIONS OF AN ADMINISTRATIVE TRIBUNAL FOLLOWING ENTRY OF A FINAL DECISION IN RESPONSE TO THREE OR MORE NOTICES OF LIABILITY OF OTHER PROCESS ISSUED WITHIN AN EIGHTEEN-MONTH PERIOD IN ACCORDANCE WITH THE PROVISIONS OF SECTION TWO THOUSAND NINE HUNDRED EIGHTY-FIVE OF THE PUBLIC AUTHORITIES LAW OR SECTIONS ONE THROUGH SIXTEEN AND SIXTEEN-A, SIXTEEN-B AND SIXTEEN-C OF CHAPTER SEVEN HUNDRED SEVENTY-FOUR OF THE LAWS OF NINETEEN HUNDRED FIFTY, OR WITH ANY COMPARABLE LAW OR REGULATION OF ANOTHER STATE, THEN THE STATE ISSUING THE REGISTRATION SHALL LIKEWISE SUSPEND THE REGISTRATION OR DENY THE REGISTRATION OR RENEWAL, UNTIL SUCH REGISTRANT OR APPLICANT HAS APPEARED IN RESPONSE TO SUCH NOTICES OF LIABILITY, OR HAS PAID SUCH PENALTY, OR, IN THE CASE OF AN ADMINISTRA- TIVE TRIBUNAL, THE REGISTRANT OR APPLICANT HAS COMPLIED WITH THE RULES AND REGULATIONS FOLLOWING THE ENTRY OF A FINAL DECISION OR DECISIONS. 2. SUCH COMPACT OR AGREEMENT SHALL ALSO PROVIDE SUCH TERMS AND PROCE- DURES AS ARE NECESSARY AND PROPER TO FACILITATE ITS ADMINISTRATION. ANY SUCH COMPACT OR AGREEMENT SHALL SPECIFY THE VIOLATIONS SUBJECT TO THE COMPACT OR AGREEMENT, AND SHALL INCLUDE A DETERMINATION OF COMPARABLE VIOLATIONS IN EACH STATE IF ANY SUCH VIOLATIONS ARE OF A SUBSTANTIALLY SIMILAR NATURE BUT ARE NOT DENOMINATED OR DESCRIBED IN PRECISELY THE SAME WORDS IN EACH PARTY STATE. 3. THE WORD "STATE" WHEN USED IN THIS SECTION SHALL MEAN ANY STATE, TERRITORY, A POSSESSION OF THE UNITED STATES, DISTRICT OF COLUMBIA OR ANY PROVINCE OF CANADA. S 17. Paragraph b of subdivision 2 of section 240 of the vehicle and traffic law, as added by chapter 715 of the laws of 1972, is amended to read as follows: b. No charge may be established except upon proof by substantial evidence; EXCEPT THAT FOR AN ALLEGATION OF LIABILITY IN ACCORDANCE WITH SECTION TWO THOUSAND NINE HUNDRED EIGHTY-FIVE OF THE PUBLIC AUTHORITIES LAW OR SECTIONS SIXTEEN-A, SIXTEEN-B AND SIXTEEN-C OF CHAPTER SEVEN HUNDRED SEVENTY-FOUR OF THE LAWS OF NINETEEN HUNDRED FIFTY, NO CHARGE MAY BE ESTABLISHED EXCEPT UPON PROOF BY PREPONDERANCE OF EVIDENCE AS SUBMITTED. S 18. Subdivision 3 of section 165.15 of the penal law is amended to read as follows: 3. With intent to obtain railroad, subway, bus, air, taxi or any other public transportation service OR TO USE ANY HIGHWAY, PARKWAY, ROAD, BRIDGE OR TUNNEL without payment of the lawful charge OR TOLL therefor, or to avoid payment of the lawful charge OR TOLL for such transportation service which has been rendered to him OR HER OR FOR SUCH USE OF ANY HIGHWAY, PARKWAY, ROAD, BRIDGE OR TUNNEL, he OR SHE obtains or attempts to obtain such service OR USE or avoids or attempts to avoid payment S. 6357--B 24 A. 8557--B therefor by force, intimidation, stealth, deception or mechanical tampering, or by unjustifiable failure or refusal to pay; or S 19. Subdivision 10 of section 1209-a of the public authorities law, as amended by chapter 379 of the laws of 1992, is amended to read as follows: 10. Funds. [All] EXCEPT FOR PENALTIES, EVADED TOLLS AND OTHER CHARGES COLLECTED AND PAID TO THE TRIBOROUGH BRIDGE AND TUNNEL AUTHORITY IN ACCORDANCE WITH THE PROVISIONS OF SECTION TWO THOUSAND NINE HUNDRED EIGHTY-FIVE OF THIS CHAPTER, ALL penalties collected pursuant to the provisions of this section shall be paid to the authority to the credit of a transit crime fund which the authority shall establish. Any sums in this fund shall be used to pay for programs selected by the board of the authority, in its discretion, to reduce the incidence of crimes and infractions on transit facilities, or to improve the enforcement of laws against such crimes and infractions. Such funds shall be in addition to and not in substitution for any funds provided by the state or the city of New York for such purposes. S 20. Section 1209-a of the public authorities law is amended by adding a new subdivision 11 to read as follows: 11. NOTICE. ANY NOTICE OR COMMUNICATION REQUIRED TO BE SENT PURSUANT TO THIS SECTION BY REGISTERED MAIL OR CERTIFIED MAIL MAY INSTEAD BE SENT BY FIRST CLASS MAIL OR, WITH CONSENT, BY ELECTRONIC MEANS OF COMMUNI- CATION. S 21. Section 2 of chapter 774 of the laws of 1950, relating to agree- ing with the state of New Jersey with respect to rules and regulations governing traffic on vehicular crossings operated by the port of New York authority, is amended to read as follows: S 2. No traffic shall be permitted in or upon vehicular crossings except upon the payment of such tolls and other charges as may from time to time be prescribed by the port authority. It is hereby declared to be unlawful for any person to refuse to pay, or to evade or to attempt to evade the payment of such tolls or other charges. THE OBLIGATION TO PAY SUCH TOLLS AND OTHER CHARGES IS INCURRED AT THE TIME OF ENTRY INTO OR USE OF THE PARTICULAR VEHICULAR CROSSING. S 22. Section 16-a of chapter 774 of the laws of 1950, relating to agreeing with the state of New Jersey with respect to rules and regu- lations governing traffic on vehicular crossings operated by the port of New York authority, as added by chapter 379 of the laws of 1992, is amended to read as follows: S 16-a. Owner liability for failure of operator to comply with toll collection regulations of the port authority. Notwithstanding any other provision of law and in accordance with the provisions of [section] SECTIONS 16-b AND 16-C of this act, an owner of a vehicle may be held liable for failure of an operator thereof to comply with the toll collection regulations of the port authority of New York and New Jersey (hereinafter called port authority). The owner of a vehicle shall be liable pursuant to this section if such vehicle was used or operated with the permission of the owner, express or implied, in violation of the toll collection regulations of the port authority, and such violation is evidenced by information obtained from a photo-monitoring system, provided, however, that no owner of a vehicle shall be liable where the operator of such vehicle has been convicted of a violation of those toll collection regulations for the same incident. S 23. Section 16-b of chapter 774 of the laws of 1950, relating to agreeing with the state of New Jersey with respect to rules and regu- lations governing traffic on vehicular crossings operated by the port of S. 6357--B 25 A. 8557--B New York authority, as added by chapter 379 of the laws of 1992, subdi- vision f as amended by chapter 666 of the laws of 1993, is amended to read as follows: S 16-b. Imposition of liability for failure of operator to comply with toll collection regulations of the port authority. The liability set forth in section 16-a of this act, shall be imposed upon an owner for a violation by an operator of the toll collection regulations of the port authority occurring within the territorial limits of the state of New York in accordance with the following: a. For the purposes of this section AND SECTIONS 16-A AND 16-C OF THIS ACT, the term "owner" shall mean any person, corporation, partnership, firm, agency, association, lessor, or organization who, at the time of the violation [in any city in which a vehicle is operated] OR THE OBLI- GATION FOR PAYMENT OF THE TOLL CHARGES IS INCURRED: (i) is the benefi- cial or equitable owner of such vehicle; or (ii) has title to such vehi- cle; or (iii) is the registrant or co-registrant of such vehicle which is registered with the department of motor vehicles of this state or any other state, territory, district, province, nation or other jurisdic- tion; or (iv) subject to the limitations set forth in subdivision f of this section, uses such vehicle in its vehicle renting and/or leasing business; and includes (v) a person entitled to the use and possession of a vehicle subject to a security interest in another person. For the purposes of this section, the term "operator" shall mean any person, corporation, firm, partnership, agency, association, organization or lessee that uses or operates a vehicle with or without the permission of the owner, and an owner who operates his or her own vehicle. FOR PURPOSES OF THIS SECTION AND SECTION 16-A OF THIS ACT, THE TERM "ELEC- TRONIC TOLL COLLECTION SYSTEM" SHALL MEAN A SYSTEM FOR COLLECTING TOLLS OR OTHER CHARGES USING ELECTRONIC DATA AND IMAGES. For purposes of this section, the term "photo-monitoring system" shall mean a vehicle sensor installed to work in conjunction with a toll collection facility which automatically produces one or more photographs, one or more microphoto- graphs, a videotape, or other recorded images of each vehicle at the time it is used or operated in [violation of the toll collection regu- lations of the port authority] OR UPON VEHICULAR CROSSINGS OPERATED BY THE PORT AUTHORITY. For purposes of this section AND SECTIONS 16-A AND 16-C OF THIS ACT, the term "toll collection regulations of the port authority" shall refer to the traffic regulations for interstate vehicu- lar crossings operated by the port authority as set forth in this chap- ter and in chapter 192 of the laws of New Jersey of 1950, and specif- ically that section of the laws which prohibits traffic in or upon vehicular crossings operated by the port authority except upon the payment of such tolls and other charges as may from time to time be prescribed by the port authority and which further makes it unlawful for any person to refuse to pay, or to evade or to attempt to evade the payment of such tolls or other charges. For purposes of this section AND SECTION 16-A OF THIS ACT, the term "vehicle" shall mean every device in, upon, or by which a person or property is or may be transported or drawn upon a highway[, except devices used exclusively upon stationary rails or tracks]. b. A certificate, sworn to or affirmed by an agent of the port author- ity, or a facsimile thereof, based upon inspection of [photographs, microphotographs, videotape or other recorded images] DATA OR IMAGES produced by [a photo-monitoring system] ITS ELECTRONIC TOLL COLLECTION SYSTEM OR OTHER RECORDS MAINTAINED BY OR ON BEHALF OF THE PORT AUTHORITY REGARDING TOLL VIOLATIONS shall be prima facie evidence of the facts S. 6357--B 26 A. 8557--B contained therein and shall be admissible in any proceeding charging a violation of toll collection regulations of the port authority, provided that any [photographs, microphotographs, videotape or other recorded images] SUCH DATA, IMAGES, OR RECORDS evidencing such a violation shall be available for inspection and admission into evidence in any proceed- ing to adjudicate the liability for such violation. c. An imposition of liability pursuant to this section shall be based upon a preponderance of evidence as submitted. An imposition of liabil- ity pursuant to this section shall not be deemed a conviction of an operator and shall not be made part of the motor vehicle operating record, furnished pursuant to section 354 of the vehicle and traffic law, of the person upon whom such liability is imposed nor shall it be used for insurance purposes in the provision of motor vehicle insurance coverage. d. (i) A notice of liability shall be sent by first class mail OR, WITH CONSENT, BY ELECTRONIC MEANS OF COMMUNICATION to each person alleged to be liable [as an owner] for a violation pursuant to this section of the toll collection regulations of the port authority. Such notice shall be [mailed] SENT no later than [thirty] ONE HUNDRED TWENTY days after the alleged violation. Personal delivery [on the owner] shall not be required. A manual or automatic record of [mailing] SENDING THE NOTICE prepared in the ordinary course of business shall be prima facie evidence of the [mailing] SENDING of the notice. (ii) A notice of liability shall contain the name and address of the person alleged to be liable [as an owner] for a violation of the toll collection regulations of the port authority pursuant to this section, the registration number AND STATE OF REGISTRATION of the vehicle involved in such violation, the [location where such violation took place, the date and time] LOCATIONS, DATES AND TIMES OF EACH USE OF THE VEHICULAR CROSSING THAT FORMS THE BASIS of such violation, THE AMOUNT OF THE ASSESSED TOLLS AND OTHER CHARGES, and the identification number of the [photo-monitoring system] ELECTRONIC TOLL COLLECTION SYSTEM which recorded the [violation] USE or other document locator number. (iii) The notice of liability shall contain information advising the person charged of the manner and the time in which he may contest the liability alleged in the notice. Such notice of liability shall also contain a warning to advise the persons charged that failure to contest in the manner and time provided shall be deemed an admission of liabil- ity and that a default judgment may be entered thereon. (iv) The notice of liability shall be prepared and [mailed] SENT by the port authority or its duly authorized agent. e. If an owner receives a notice of liability pursuant to this section for any time period during which the vehicle was reported to the police department as having been stolen, it shall be a valid defense to an allegation of liability for a violation of the toll collection regu- lations of the port authority that the vehicle had been reported to the police as stolen prior to the time the violation occurred and had not been recovered by such time. If an owner receives a notice of liability pursuant to this section for any time period during which the vehicle was stolen, but not as yet reported to the police as having been stolen, it shall be a valid defense to an allegation of liability for a violation of toll collection regulations of the port authority pursuant to this section that the vehicle was reported as stolen within two hours after discovery of the theft by the owner. For purposes of asserting the defense provided by this subdivision, it shall be sufficient that a S. 6357--B 27 A. 8557--B certified copy of the police report on the stolen vehicle be sent by first class mail to the court or other entity having jurisdiction. f. An owner, as defined in subdivision a of this section, who is a lessor of a vehicle to which a notice of liability was issued pursuant to subdivision d of this section shall not be liable pursuant to this section for the violation of the toll collection regulations of the port authority provided that he or she sends to the port authority [serving the notice of liability and to the court or other entity having juris- diction] OR ITS DULY AUTHORIZED AGENT FOR THIS PURPOSE a copy of the rental, lease or other such contract document covering such vehicle on the date of the [violation] USE OF THE VEHICULAR CROSSING, with the name and address of the lessee clearly legible, within thirty days after receiving from the port authority or its duly authorized agent [the original] FOR THIS PURPOSE notice of [liability] THE USE OF THE VEHICU- LAR CROSSING BY SUCH VEHICLE. Failure to send such information within such thirty day time period shall render the lessor liable for the penalty prescribed by this section. Where the lessor complies with the provisions of this subdivision, the lessee of such vehicle on the date of such [violation] USE OF THE VEHICULAR CROSSING shall be deemed to be the owner of such vehicle for purposes of this section and shall be subject to liability for the violation of toll collection regulations of the port authority [provided that the port authority or its duly author- ized agent mails a notice of liability to the lessee within ten days after the court, or other entity having jurisdiction, deems the lessee to be the owner]. For purposes of this subdivision the term "lessor" shall mean any person, corporation, firm, partnership, agency, associ- ation or organization engaged in the business of renting or leasing vehicles to any lessee under a rental agreement, lease or otherwise wherein the said lessee has the exclusive use of said vehicle for any period of time. For the purposes of this subdivision, the term "lessee" shall mean any person, corporation, firm, partnership, agency, associ- ation or organization that rents, leases or contracts for the use of one or more vehicles and has exclusive use thereof for any period of time. g. Except as provided in subdivision f of this section, if a person receives a notice of liability pursuant to this section it shall be a valid defense to an allegation of liability for a violation of toll collection regulations of the port authority that the individual who received the notice of liability pursuant to this section was not the owner of the vehicle at the time the [violation] USE OF THE VEHICULAR CROSSING occurred. If the owner liable for a violation of the toll collection regulations of the port authority pursuant to this section was not the operator of the vehicle at the time of the [violation] USE OF THE VEHICULAR CROSSING, the owner may maintain an action for indemni- fication against the operator. The operator of the vehicle may apply to the court or other entity having jurisdiction to adjudicate the liabil- ity imposed under this section to accept responsibility for the violation and satisfactorily discharge all applicable tolls, charges, FEES, and penalties related to the violation. h. ["Electronic toll collection system" shall mean a system of collecting tolls or charges which is capable of charging an account holder the appropriate toll or charge by transmission of information from an electronic device on a motor vehicle to the toll lane, which information is used to charge the account the appropriate toll or charge.] In adopting procedures for the preparation and [mailing] SEND- ING of a notice of liability, the port authority or its duly authorized agent shall adopt guidelines [to ensure] FOR SENDING BY FIRST CLASS MAIL S. 6357--B 28 A. 8557--B OR, WITH CONSENT, BY ELECTRONIC MEANS OF COMMUNICATION, adequate and timely notice to all electronic toll collection system account holders to inform them when their accounts are delinquent. An owner who is an account holder under the electronic toll collection system shall not be found liable for a violation of this section unless such authority has first sent a notice of delinquency to such account holder and the account holder was in fact delinquent at the time of the violation. i. Nothing in this section shall be construed to limit the liability of an operator of OR THE ACCOUNT HOLDER ASSOCIATED WITH a vehicle for any violation of the toll collection regulations of the port authority. Nothing in this section shall authorize or preclude the port authority from excluding from any of its facilities, in its sole discretion, any or all vehicles found liable under this section as well as other vehi- cles owned or operated by the owner or operator of OR ACCOUNT HOLDER ASSOCIATED WITH such vehicle. j. Notwithstanding any other provision of law, all photographs, micro- photographs, videotape or other recorded images prepared pursuant to this section shall be for the exclusive use of the port authority in the discharge of its duties under this section and shall not be open to the public nor be used in any court in any action or proceeding pending therein unless such action or proceeding relates to the imposition of or indemnification for liability pursuant to this section. The port author- ity or its duly authorized agent shall not sell, distribute or make available in any way, the names and addresses of electronic toll collection system account holders, or any information compiled from transactions with such account holders, without such account holders' consent to any entity that will use such information for any commercial purpose provided that the foregoing restriction shall not be deemed to preclude the exchange of such information between any entities with jurisdiction over and or operating a toll highway bridge and/or tunnel facility. S 24. Section 16-c of chapter 774 of the laws of 1950, relating to agreeing with the state of New Jersey with respect to rules and regu- lations governing traffic on vehicular crossings operated by the port of New York authority, as added by chapter 379 of the laws of 1992, is amended to read as follows: S 16-c. Adjudication of liability. Adjudication of the liability imposed upon an owner by section 16-a of this act for a violation of the toll collection regulations of the port authority occurring within the territorial limits of the state of New York shall be in accordance with the vehicle and traffic law of New York as set forth in sections 235, 236, 237, 239, 240, 241, 242, 401, 510 and 1809 of such law, or by such entity having jurisdiction over violations of the toll collection regu- lations of the port authority occurring within the territorial limits of the state of New York, provided that all violations shall be heard and determined in the county in which [the violation is alleged to have occurred, or by consent of both parties,] OBLIGATION FOR PAYMENT OF THE TOLLS OR OTHER CHARGES WAS INCURRED, OR in any county in the state of New York in which the port authority operates or maintains a facility. An owner found liable for a violation of toll collection regulations pursuant to this section shall for a first violation thereof be liable for THE FULL AMOUNT OF THE ASSESSED TOLL AND OTHER CHARGES AND FEES IN ADDITION TO a monetary penalty not to exceed [fifty] ONE HUNDRED dollars or two times the toll evaded whichever is greater; for a second violation thereof both within eighteen months be liable for THE FULL AMOUNT OF THE ASSESSED TOLL AND OTHER CHARGES AND FEES IN ADDITION TO a S. 6357--B 29 A. 8557--B monetary penalty not to exceed [one] TWO hundred dollars or five times the toll evaded whichever is greater; for a third or subsequent violation thereof all within eighteen months be liable for THE FULL AMOUNT OF THE ASSESSED TOLL AND OTHER CHARGES AND FEES IN ADDITION TO a monetary penalty not to exceed [one] THREE hundred [fifty] dollars or ten times the toll evaded whichever is greater. THE FULL AMOUNT OF THE ASSESSED TOLLS AND OTHER CHARGES AND FEES AND ONE-HALF OF SUCH MONETARY PENALTIES COLLECTED SHALL BE PAID TO THE PORT AUTHORITY; THE REMAINING HALF OF SUCH MONETARY PENALTIES COLLECTED SHALL BE RETAINED OR DISTRIB- UTED BY THE TRIBUNAL OR ENTITY ADJUDICATING THE VIOLATION IN ACCORDANCE WITH EXISTING LAW. S 25. This act shall take effect on the one hundred twentieth day after it shall have become a law, provided that: (a) the amendments to subparagraph (i) of paragraph a of subdivision 5-a of section 401 of the vehicle and traffic law made by section fifteen of this act shall not affect the expiration of such paragraph and shall be deemed to expire therewith, when upon such date the provisions of section fifteen-a of this act shall take effect; (b) the amendments to paragraph a of subdivision 5-a of section 401 of the vehicle and traffic law made by section fifteen-a of this act shall not affect the expiration of such paragraph and shall be deemed to expire therewith, when upon such date the provisions of section fifteen-b of this act shall take effect; (c) the amendments to paragraph a of subdivision 5-a of section 401 of the vehicle and traffic law made by section fifteen-b of this act shall not affect the expiration of such paragraph and shall be deemed to expire therewith, when upon such date the provisions of section fifteen-c of this act shall take effect; and (d) the amendments to paragraph a of subdivision 5-a of section 401 of the vehicle and traffic law made by section fifteen-c of this act shall not affect the expiration of such paragraph and shall be deemed to expire therewith, when upon such date the provisions of section fifteen-d of this act shall take effect. PART H Section 1. Section 9 of chapter 67 of the laws of 1992, amending the environmental conservation law relating to pesticide product registra- tion timetables and fees, as amended by section 1 of part S of chapter 60 of the laws of 2011, is amended to read as follows: S 9. This act shall take effect April 1, 1992 [provided, however, that section three of this act shall take effect July 1, 1993 and shall expire and be deemed repealed on July 1, 2014]. S 2. Section 33-0705 of the environmental conservation law, as amended by section 2 of part S of chapter 60 of the laws of 2011, is amended to read as follows: S 33-0705. Fee for registration. The applicant for registration shall pay a fee as follows: a. [On or before July 1, 2014, six] SIX hundred dollars for each pesticide proposed to be registered, provided that the applicant has submitted to the department proof in the form of a federal income tax return for the previous year showing gross annual sales, for federal income tax purposes, of three million five hundred thousand dollars or less; b. [On or before July 1, 2014, for] FOR all others, six hundred twenty dollars for each pesticide proposed to be registered[; S. 6357--B 30 A. 8557--B c. After July 1, 2014, fifty dollars for each pesticide proposed to be registered]. S 3. Paragraph a of subdivision 1 and subdivision 2 of section 33-1201 of the environmental conservation law, as added by chapter 279 of the laws of 1996, are amended to read as follows: a. The department shall [develop] MAINTAIN a pesticide sales [and use computer] data base [in conjunction with Cornell University. The data base shall be maintained at the department]. 2. The commissioner shall prepare an annual [report summarizing] SUMMARY OF pesticide sales[, quantity of pesticides used, category of applicator and region of application. The commissioner shall not provide the name, address, or any other information which would otherwise iden- tify a commercial or private applicator, or any person who sells or offers for sale restricted use or general use pesticides to a private applicator, or any person who received the services of a commercial applicator. In accordance with article six of the public officers law, proprietary information contained within such record, including price charged per product, shall not be disclosed] BY COUNTY. The [report] ANNUAL SUMMARY shall be [submitted to the governor, the temporary presi- dent of the senate and the speaker of the assembly, and shall be made available to all interested parties. The first report shall be submitted on July first, nineteen hundred ninety-eight and] PUBLISHED ON THE DEPARTMENT'S PUBLIC WEBSITE on OR BEFORE July first [annually thereaft- er]. S 4. Subdivision 1 of section 33-1203 of the environmental conserva- tion law, as added by chapter 279 if the laws of 1996, is amended to read as follows: 1. [a.] The commissioner shall, upon written request of an interested party, in printed OR ELECTRONIC form [or on a diskette in computerized data base format], provide the information on pesticides submitted to the department pursuant to sections 33-1205 and 33-1207 of this title. Such information shall be provided by county or counties[, or five-digit zip code or codes as selected by the interested party making the written request. The commissioner shall not provide the name, address, or any other information which would otherwise identify a commercial or private applicator, or any person who sells or offers for sale restricted use or general use pesticides to a private applicator, or any person who received the services of a commercial applicator. In accordance with article six of the public officers law, proprietary information contained within such record, including price charged per product, shall not be disclosed. The provisions of this paragraph shall not apply to the provision of pesticide data to the commissioner of health, the health research science board and researchers pursuant to title one-B of article twenty-four of the public health law. b. The department shall, upon request from the department of health, compile pesticide application information by nine-digit zip code and provide the information to the commissioner of health for researchers entitled to receive information pursuant to paragraph (d) of subdivision one of section twenty-four hundred eleven of the public health law provided, however, if the nine-digit zip code cannot be determined, the information shall be compiled by town or city]. S 5. Section 33-1205 of the environmental conservation law, as added by chapter 279 of the laws of 1996 and the closing paragraph of para- graph a of subdivision 2 as amended by chapter 260 of the laws of 1997, is amended to read as follows: S 33-1205. Recordkeeping and reporting. S. 6357--B 31 A. 8557--B 1. All commercial applicators shall maintain pesticide use records for each pesticide application containing the following: a. EPA registration number; b. product name; c. quantity of each pesticide used; d. date applied; e. location of application by address (including five-digit zip code). Such records shall be maintained for a period of not less than three years. [All commercial applicators shall file, at least annually, a report or reports containing such information with the department on computer diskette or in printed form on or before February first for the prior calendar year.] All commercial applicators shall also maintain corresponding records of the dosage rates, methods AND PLACE of applica- tion and target organisms for each pesticide application. These records shall be CREATED IMMEDIATELY AFTER APPLICATION, maintained on an annual basis and retained for a period of not less than [three] FIVE years and shall be available for inspection upon request by the department. 2. a. Every person who sells or offers for sale restricted use pesti- cides to private applicators shall issue a record to the private appli- cator of each sale of a restricted use pesticide or a general use pesti- cide used in agricultural crop production to such applicator. Such record of each sale shall include the following: 1. EPA registration number; 2. product name of the pesticide purchased; 3. quantity of the pesticide purchased; 4. date purchased; 5. location of intended application by address (including five-digit zip code) or if address is unavailable by town or city (including five- digit zip code) if the location of intended application differs from the billing address that appears on the record. [Every person who sells or offers for sale restricted use pesticides to private applicators shall file, at least annually, a report or reports containing such information with the department on computer diskette or in printed form on or before February first for the prior calendar year. The department shall not use the reports filed pursuant to this paragraph for enforcement purposes.] b. All private applicators shall maintain, at a minimum, records of the restricted pesticides purchased, crop treated by such, method of application, and date of application or applications. This information shall be RECORDED IMMEDIATELY AFTER APPLICATION, maintained on an annual basis and retained for a minimum of three years, and shall be available for inspection upon request by the department. [c. A private applicator shall, upon request, within six months, provide site-specific information relating to pesticide applications to any researcher entitled to receive information pursuant to paragraph (d) of subdivision one of section twenty-four hundred eleven of the public health law, provided, however, such request shall not be granted during planting and harvesting unless at a time and in a manner that is mutual- ly convenient.] 3. A. EVERY PERSON WHO SELLS OR OFFERS FOR SALE PESTICIDES SHALL MAIN- TAIN RECORDS OF ALL RETAIL SALES OF SUCH PESTICIDES BY COUNTY. SUCH RECORDS SHALL INCLUDE THE FOLLOWING: 1. EPA REGISTRATION NUMBER; 2. PRODUCT NAME OF THE PESTICIDE SOLD; 3. TOTAL QUANTITY OF THE PESTICIDE SOLD DURING THE CALENDAR YEAR IN EACH COUNTY IN THE STATE. S. 6357--B 32 A. 8557--B EVERY PERSON WHO SELLS OR OFFERS FOR SALE PESTICIDES SHALL FILE, AT LEAST ANNUALLY, A REPORT OR REPORTS CONTAINING SUCH INFORMATION WITH THE DEPARTMENT IN ELECTRONIC OR PRINTED FORM ON OR BEFORE FEBRUARY FIRST FOR THE PRIOR CALENDAR YEAR. B. THE REQUIREMENTS OF THIS SUBDIVISION ARE NOT APPLICABLE TO: MINIMUM RISK PESTICIDES; GENERAL USE ANTIMICROBIAL PESTICIDES, EXCEPT THOSE THAT ARE SUBJECT TO THE PESTICIDE APPLICATOR CERTIFICATION REQUIREMENTS IN REGULATIONS PROMULGATED BY THE DEPARTMENT; GENERAL USE PESTICIDE PRODUCTS APPLIED TO THE CLOTHING OR SKIN; OR GENERAL USE AEROSOL PRODUCTS WITH A DIRECTED SPRAY IN CONTAINERS OF EIGHTEEN FLUID OUNCES OR LESS, BUT NOT INCLUDING ANY FOGGER PRODUCT OR AEROSOL PRODUCT THAT DISCHARGES TO A WIDE AREA. S 6. Section 33-1207 of the environmental conservation law, as added by chapter 279 of the laws of 1996, is amended to read as follows: S 33-1207. Recordkeeping and reporting by importers and manufacturers. 1. Each person manufacturing or compounding a registered [restricted use] pesticide in this state, or importing or causing a registered [restricted use] pesticide to be imported into this state for use, distribution, or storage, shall maintain records of all sales within the state during the preceding year of each [restricted use] pesticide prod- uct which he or she has imported, manufactured or compounded. The record of each [restricted use] pesticide product shall include: a. EPA registration number; b. container size; and c. number of containers sold to New York purchasers. 2. Such records shall be maintained for a period of not less than three years. All manufacturers and importers shall file an annual report containing such information with the department [on computer diskette] IN ELECTRONIC or [in] printed form on or before February first for the prior calendar year. 3. THE REQUIREMENTS OF THIS SECTION ARE NOT APPLICABLE TO: MINIMUM RISK PESTICIDES; GENERAL USE ANTIMICROBIAL PESTICIDES, EXCEPT THOSE THAT ARE SUBJECT TO THE PESTICIDE APPLICATOR CERTIFICATION REQUIREMENTS IN REGULATIONS PROMULGATED BY THE DEPARTMENT; GENERAL USE PESTICIDE PRODUCTS APPLIED TO THE CLOTHING OR SKIN; OR GENERAL USE AEROSOL PRODUCTS WITH A DIRECTED SPRAY IN CONTAINERS OF EIGHTEEN FLUID OUNCES OR LESS, BUT NOT INCLUDING ANY FOGGER PRODUCT OR AEROSOL PRODUCT THAT DISCHARGES TO A WIDE AREA. S 7. This act shall take effect immediately and shall be deemed to have been in full force and effect on and after April 1, 2014 provided, however, that sections three, four, five and six of this act shall take effect on January 1, 2015. PART I Section 1. Subdivision 25 of section 11-0103 of the environmental conservation law, as amended by chapter 595 of the laws of 1984, is amended to read as follows: 25. "Hunting [accident"] RELATED INCIDENT" means the injury to or death of a person caused by the discharge of a firearm, CROSSBOW or longbow while the person causing such injury or death, or the person injured or killed, is taking or attempting to take game, wildlife or fish. S 2. Paragraphs 1 and 2 of subdivision 3 and subdivision 5 of section 11-0701 of the environmental conservation law, as amended by section 1-a S. 6357--B 33 A. 8557--B of part R of chapter 58 of the laws of 2013, are amended to read as follows: (1) who is between the ages of twelve and sixteen years to hunt wild deer and bear with a longbow OR CROSSBOW during the special archery season and during the regular season, as provided in title 9 of this article, subject to the provisions of section 11-0929 and subdivision 3 of section 11-0713 of this article; (2) who is eighteen years of age or older to hunt wild deer and bear with a longbow OR CROSSBOW, as provided in title 9 of this article, in a special [longbow] ARCHERY season; and 5. A non-resident bear tag entitles a person who has not been a resi- dent of the state for more than thirty days who also possesses a hunting license to hunt bear during the regular open season therefor or in an open season fixed by regulation pursuant to subdivision eight of section 11-0903 of this article. It entitles a non-resident holder who also possesses a hunting license with bowhunting privilege to hunt bear with a longbow OR CROSSBOW during the open bear season. It entitles a non-re- sident holder who also possesses a hunting license with muzzle-loading privilege to hunt bear with a muzzleloader during the open bear season. S 3. Paragraph b of subdivision 6 of section 11-0703 of the environ- mental conservation law, as amended by section 2 of part R of chapter 58 of the laws of 2013, is amended to read as follows: b. Except as provided in section 11-0707 and section 11-0709 of this title, no person shall (1) hunt wild deer or bear unless such person holds and is entitled to exercise the privileges of a hunting license, and meets the requirements of this article; (2) hunt wild deer or bear with a longbow OR CROSSBOW in a special [longbow] ARCHERY season unless such person holds and is entitled to exercise the privileges of a hunt- ing license with a bowhunting privilege and meets the requirements of this article; or (3) hunt wild deer or bear with a muzzle-loading firearm in a special muzzle-loading firearm season unless such person is at least fourteen years old and holds a hunting license with a muzzle- loading privilege and meets the requirements of this article. S 4. Subparagraph 4 of paragraph b of subdivision 1 of section 11-0719 of the environmental conservation law, as amended by chapter 436 of the laws of 2000, is amended to read as follows: (4) is convicted of an offense involving a violation of subdivisions one and two of section 11-0901 of this article relating to taking of wildlife when the person taking is in or on a motor vehicle while such motor vehicle is on a public highway or an offense involving a violation of subdivision one of section 11-0901 of this article and subparagraph one of paragraph a of subdivision four of section 11-0931 of this arti- cle relating to taking wildlife when the person taking is in or on a motor vehicle and discharging a firearm, CROSSBOW or longbow in such a way that the load, BOLT or arrow passes over a public highway or a part thereof or signs an acknowledgment of any such violation for the purpose of affecting a settlement by civil compromise or by stipulation. S 5. Subdivisions 2 and 3 of section 11-0719 of the environmental conservation law, subdivision 2 as amended by section 27 and subdivision 3 as amended by section 28 of part R of chapter 58 of the laws of 2013, are amended to read as follows: 2. a. The department may revoke the licenses, tags, bowhunting privi- leges, or muzzle-loading privileges, which authorize the holder to hunt and/or trap wildlife, and may deny the privilege of obtaining such licenses, tags, bowhunting privileges, or muzzle-loading privileges, and S. 6357--B 34 A. 8557--B may deny the privileges of hunting and/or trapping with or without a license. (1) of any person who, while engaged in hunting, FISHING or trapping, (i) causes death or injury to [another] ANY PERSON by discharging a firearm, CROSSBOW or longbow, or (ii) so negligently discharges a firearm, CROSSBOW or longbow as to endanger the life or safety of another, or (iii) so negligently and wantonly discharges a firearm, CROSSBOW or longbow as to destroy or damage public or private property; or (2) of any agent of the department authorized to issue certificates of qualification in responsible hunting, bowhunting, or trapping practices who improperly issues any such certification to a person whom he OR SHE has not trained, or whom he OR SHE knows has not satisfactorily completed all of the requirements necessary for such certification. b. Action by the department resulting in the revocation of such license or denial of the privilege to hunt and trap as provided in this subdivision shall be only after a hearing held by the department upon notice to the offender, at which proof of facts indicating the violation is established to the satisfaction of the commissioner or of the hearing officer designated by him OR HER and concurred in by the commissioner. Provided that where a person, while hunting, causes death or injury to any person by discharge of a firearm, CROSSBOW or longbow, the commis- sioner may, in his OR HER discretion, suspend such person's license or licenses to hunt and suspend such person's right to hunt without a license for a period of up to sixty days pending a hearing as provided for in this subdivision. c. In case such discharge of a firearm, CROSSBOW or longbow causes death or injury to [another] ANY PERSON, the license or licenses, bowhunting privilege, and muzzle-loading privilege shall be revoked and the ability to obtain any such license and of hunting or of trapping anywhere in the state with or without a license denied, for a period not exceeding ten years, except that no revocation shall be made in cases in which facts established at the hearing indicate to the satisfaction of the commissioner that there was no negligence on the part of the shooter or [bowman] BOWHUNTER. In all other cases the license or licenses, bowhunting privilege, or muzzle-loading privilege, shall be revoked and the privilege of obtaining such license, bowhunting privilege, or muzzle-loading privilege, and of hunting or of trapping anywhere in the state with or without a license denied for a period not exceeding five years. The department may also require that the person causing such death [or], injury, ENDANGERMENT OR PROPERTY DAMAGE successfully complete a department-sponsored course and obtain a certificate of qual- ification in responsible hunting or bowhunting practices before being issued another hunting license. d. Every person injuring himself, herself or another person in a hunt- ing [accident, as such term is defined in subdivision 25 of section 11-0103 of this article] RELATED INCIDENT, and the investigating law enforcement officer summoned to or arriving at the scene of such [acci- dent] INCIDENT shall within ten days from the occurrence of such [acci- dent] INCIDENT file a report of the [accident] INCIDENT in writing with the department. Every such person or law enforcement officer shall make such other and additional reports as the department shall require. Failure to report such [accident] INCIDENT as herein provided by the person causing injury or to furnish relevant information required by the department shall be a violation and shall constitute grounds for suspen- sion or revocation of such person's hunting licenses and bowhunting and S. 6357--B 35 A. 8557--B muzzle-loading privileges and denial of the ability to obtain any such license and of hunting with or without a license following a hearing or opportunity to be heard. In addition, the department may temporarily suspend the license of the person failing to report a hunting [accident] RELATED INCIDENT within the period prescribed herein until such report has been filed. In the case of a non-resident, the failure to report an [accident] INCIDENT as herein provided shall constitute grounds for suspension or revocation of his or her privileges of hunting within this state. The report required by this section shall be made in such form and number as the department may prescribe. 3. A hunting license issued to a person who is at least twelve and less than sixteen years of age or a hunting license with bowhunting privilege issued to a person who is between the ages of twelve and sixteen years may be revoked by the department upon proof satisfactory to the department that such person, while under the age of sixteen, has engaged in hunting wildlife with a gun, CROSSBOW or longbow, in circum- stances in which a license and/or bowhunting or muzzle-loading privilege is required, while not accompanied by his or her parent, guardian or other adult as provided in section 11-0929 of this article. ADDI- TIONALLY, THE DEPARTMENT MAY REVOKE THE HUNTING AND/OR BOWHUNTING OR MUZZLE-LOADING PRIVILEGE OF ANY PARENT, GUARDIAN, YOUTH MENTOR OR OTHER ADULT UPON PROOF SATISFACTORY TO THE DEPARTMENT THAT SUCH PERSON ALLOWED THE HOLDER OF A HUNTING LICENSE, BOWHUNTING PRIVILEGE OR MUZZLE-LOADING PRIVILEGE TO HUNT WILDLIFE WITH A GUN, CROSSBOW OR LONGBOW IN VIOLATION OF SECTION 11-0929 OF THIS ARTICLE. If such license or privilege is revoked the department shall fix the period of such revocation, which is not to exceed six years. The department may require that such person successfully complete a department sponsored course and obtain a certif- icate of qualification in responsible hunting or responsible bowhunting practices before being issued another hunting or bowhunting license. S 6. Paragraphs b and g of subdivision 3, subparagraphs 5, 6 and 8 of paragraph b, subparagraphs 5, 6 and 8 of paragraph c, and subparagraph 1 of paragraph d of subdivision 4 of section 11-0901 of the environmental conservation law, paragraph b of subdivision 3 as amended by chapter 911 of the laws of 1990, paragraph g of subdivision 3 as amended by chapter 34 of the laws of 1979, subparagraph 5 of paragraph b and subparagraph 5 of paragraph c of subdivision 4 as amended by chapter 430 of the laws of 2000 and subparagraphs 6 and 8 of paragraph b, subparagraphs 6 and 8 of paragraph c and subparagraph 1 of paragraph d of subdivision 4 as amended by chapter 600 of the laws of 1993, are amended to read as follows: b. Wild deer and bear shall not be taken except by gun, CROSSBOW or by long bow. Where an open season, set forth in the table of open seasons in section 11-0907 OF THIS TITLE or otherwise established by law or fixed by regulation, is specified as an open season for taking such game by shotgun or long bow only, or is specified as an open season for taking such game by long bow only, they shall not be taken except as so specified. g. Wildlife shall not be taken [by the use of a cross-bow, by a long bow drawn, pulled, released, or held in a drawn position by any mechan- ical device attached to a portion of the bow other than the bowstring, or] by the use of a device commonly called a spear gun. (5) with a [bow other than a] long bow with a draw weight [in excess] of LESS THAN thirty-five pounds; or S. 6357--B 36 A. 8557--B (6) with an arrow OR BOLT with an arrowhead that measures less than seven-eighths of an inch at its widest point or that has fewer than two sharp cutting edges; or (8) with an arrow OR BOLT with a barbed broadhead arrowhead. (5) with a [bow other than a] long bow with a draw weight [in excess] of LESS THAN thirty-five pounds; or (6) with an arrow OR BOLT with an arrowhead that measures less than seven-eighths of an inch at its widest point or that has fewer than two sharp cutting edges; or (8) with an arrow OR BOLT with a barbed broadhead arrowhead. (1) such long bow OR CROSSBOW is unstrung, or such a firearm is taken down, or securely fastened in a case, or locked in the trunk of a vehi- cle, or S 7. Subdivisions 11 and 16 of section 11-0901 of the environmental conservation law are REPEALED. S 8. Section 11-0903 of the environmental conservation law is amended by adding a new subdivision 12 to read as follows: 12. NOTWITHSTANDING ANY INCONSISTENT PROVISION OF THIS ARTICLE, THE DEPARTMENT IS AUTHORIZED TO ADOPT REGULATIONS WHICH AUTHORIZE THE TAKING OF WILDLIFE BY THE USE OF A CROSSBOW. A SUMMARY OF REGULATIONS ADOPTED PURSUANT TO THIS SUBDIVISION SHALL BE PUBLISHED EACH YEAR IN THE HUNTING SYLLABUS ISSUED PURSUANT TO SECTION 11-0323 OF THIS ARTICLE. S 9. Subdivisions 2 and 4 of section 11-0931 of the environmental conservation law, subdivision 2 as amended by section 7 of part H of chapter 58 of the laws of 2012, subparagraph 3 of paragraph a of subdi- vision 4 as added by chapter 400 of the laws of 1973 and subparagraph 4 of paragraph a of subdivision 4 as added by chapter 67 of the laws of 1976, are amended to read as follows: 2. No CROSSBOW OR firearm except a pistol or revolver shall be carried or possessed in or on a motor vehicle unless it is UNCOCKED, FOR A CROSSBOW OR unloaded, FOR A FIREARM in both the chamber and the maga- zine, except that a loaded firearm which may be legally used for taking migratory game birds may be carried or possessed in a motorboat while being legally used in hunting migratory game birds, and no person except a law enforcement officer in the performance of his official duties shall, while in or on a motor vehicle, use a jacklight, spotlight or other artificial light upon lands inhabited by deer if he is in possession or is accompanied by a person who is in possession, at the time of such use, of a longbow, crossbow or a firearm of any kind except a pistol or revolver, unless such longbow OR CROSSBOW is unstrung or such firearm OR CROSSBOW is taken down or securely fastened in a case or locked in the trunk of the vehicle. For purposes of this subdivision, motor vehicle shall mean every vehicle or other device operated by any power other than muscle power, and which shall include but not be limit- ed to automobiles, trucks, motorcycles, tractors, trailers and motor- boats, snowmobiles and snowtravelers, whether operated on or off public highways. Notwithstanding the provisions of this subdivision, the department may issue a permit to any person who is non-ambulatory, except with the use of a mechanized aid, to possess a loaded firearm in or on a motor vehicle as defined in this section, subject to such restrictions as the department may deem necessary in the interest of public safety. Nothing in this section permits the possession of a pistol or a revolver contrary to the penal law. 4. a. No person shall: S. 6357--B 37 A. 8557--B (1) discharge a firearm, CROSSBOW or long bow in such a way as will result in the load, BOLT or arrow thereof passing over a public highway or any part thereof; (2) discharge a firearm [or long bow] within five hundred feet OR A CROSSBOW OR LONG BOW WITHIN ONE HUNDRED FIFTY FEET from a dwelling house, farm building or farm structure actually occupied or used, school building, school playground, or occupied PUBLIC STRUCTURE, factory or church; (3) use a firearm, CROSSBOW or a long bow for the hunting of migratory game birds in Larchmont Harbor, specifically those portions bounded by the following points of land: BEGINNING AT A POINT KNOWN AS UMBRELLA POINT ON THE EAST SHORE OF LARCHMONT HARBOR THEN PROCEEDING IN A NORTHERLY DIRECTION TO CEDAR ISLAND; THENCE NORTHWESTERLY TO MONROE INLET; THENCE NORTHEASTERLY TO DELANCY COVE BEING IN THE TOWN OF MAMARONECK; THENCE IN A SOUTHWESTERLY DIRECTION FROM DELANCY COVE TO GREACEN POINT; THENCE RUNNING THE AREA BETWEEN DELANCY COVE AND THE WEST SHORE OF SATANS TOE NORTHEAST; THENCE SOUTHEAST THEN ALONG THE WEST SHORE OF SATANS TOE SOUTHWEST AND THEN SOUTH TO THE SOUTHERLY POINT OF SATANS TOE TO EDGEWATER POINT. (4) Use of a firearm, CROSSBOW or a long bow for the hunting of migra- tory game birds in Udall's Cove, specifically those portions of Little Neck Bay within Nassau and Queens counties lying east of a line running north from the foot of Douglaston Parkway to the shore opposite. b. The prohibitions contained in subparagraph 2 of paragraph a above shall not apply to: (1) The owner or lessee of the dwelling house, or members of his imme- diate family actually residing therein, or a person in his employ, or the guest of the owner or lessee of the dwelling house acting with the consent of said owner or lessee, provided however, that nothing herein shall be deemed to authorize such persons to discharge a firearm [or longbow] within five hundred feet OR A CROSSBOW OR LONG BOW WITHIN ONE HUNDRED FIFTY FEET of any other dwelling house, or a farm building or farm structure actually occupied or used, or a school building or play- ground or occupied PUBLIC STRUCTURE, factory or church; (2) Programs conducted by THE DEPARTMENT, public OR PRIVATE ELEMENTARY OR SECONDARY schools offering instruction and training in the use of firearms, CROSSBOW or long bow; (3) The authorized use of a pistol, rifle or target range regularly operated and maintained by a police department or other law enforcement agency or by any duly organized membership corporation; (4) The discharge of a shotgun over water by a person hunting migrato- ry game birds if no dwelling house, FARM BUILDING OR FARM STRUCTURE ACTUALLY OCCUPIED OR USED, SCHOOL BUILDING, SCHOOL PLAYGROUND, or OCCU- PIED public structure, FACTORY OR CHURCH, livestock or person is situ- ated in the line of discharge less than five hundred feet from the point of discharge. S 10. Paragraph c of subdivision 5 of section 11-0931 of the environ- mental conservation law, as amended by chapter 309 of the laws of 2006, is amended to read as follows: c. In the Northern Zone no person, while engaged in hunting with the aid of a dog or while afield accompanied by a dog, shall possess a rifle larger than .22 caliber using rim-fire ammunition or possess a shotgun loaded with a slug, ball or buckshot, OR POSSESS A CROSSBOW; but this paragraph does not apply to persons, engaged in coyote hunts with dogs during any open season on coyotes established pursuant to the provisions of section 11-0903 OF THIS TITLE. S. 6357--B 38 A. 8557--B S 11. Paragraph 4 of subdivision a of section 265.20 of the penal law, as amended by chapter 1041 of the laws of 1974, is amended to read as follows: 4. Possession of a rifle, shotgun, CROSSBOW or longbow for use while hunting, trapping or fishing, by a person, not a citizen of the United States, carrying a valid license issued pursuant to section 11-0713 of the environmental conservation law. S 12. Paragraph a of subdivision 1 of section 9-103 of the general obligations law, as separately amended by chapters 141 and 286 of the laws of 1984, is amended to read as follows: a. an owner, lessee or occupant of premises, whether or not posted as provided in section 11-2111 of the environmental conservation law, owes no duty: (1) to keep the premises safe for entry, PASSAGE OVER PREMISES or use by others for hunting, fishing, organized gleaning as defined in section seventy-one-y of the agriculture and markets law, canoeing, boating, SWIMMING, trapping, hiking, cross-country skiing, tobogganing, sledding, speleological activities, horseback riding, bicycle riding, hang gliding, motorized vehicle operation for recreational purposes, snowmobile operation, cutting or gathering of wood for non-commercial purposes [or], training of dogs, AND ANY OTHER RECREATIONAL USE; or (2) to give warning of any hazardous condition or use of or structure or activity on such premises to persons entering for such purposes; S 13. Subdivision 3 of section 9-103 of the general obligations law is renumbered subdivision 4 and a new subdivision 3 is added to read as follows: 3. FOR THE PURPOSES OF THIS SECTION THE TERM "OCCUPANT" SHALL INCLUDE, BUT NOT BE LIMITED TO, THOSE ORGANIZATIONS, ENTITIES, OR PERSONS WHO INDIVIDUALLY OR COLLECTIVELY DEVELOP AND/OR MAINTAIN TRAILS AND OTHER RECREATIONAL FACILITIES FOR NON-COMMERCIAL USE BY THE PUBLIC. S 14. Section 11-0323 of the environmental conservation law is amended by adding a new subdivision 3 to read as follows: 3. NOTWITHSTANDING SUBDIVISION TWO OF SECTION THREE OF THE NEW YORK STATE PRINTING AND PUBLIC DOCUMENTS LAW, THE DEPARTMENT MAY ENTER INTO CONTRACTS WITH ANY RESPONSIVE AND RESPONSIBLE BIDDER TO PROVIDE THE PRINTING SERVICES REQUIRED WITH OR WITHOUT THE USE OF A SUBCONTRACTOR FOR THE PRODUCTION OF THE HUNTING AND FISHING PAMPHLETS AND SYLLABUS SET FORTH IN SUBDIVISIONS ONE AND TWO OF THIS SECTION OR ANY OTHER PUBLICA- TIONS THAT MAY BE ISSUED IN SUPPORT OF THE FISH AND WILDLIFE LAW. S 15. Section 404-s of the vehicle and traffic law, as added by chap- ter 304 of the laws of 2001, is amended by adding three new subdivisions 3, 4 and 5 to read as follows: 3. A DISTINCTIVE PLATE ISSUED PURSUANT TO THIS SECTION TO A PERSON WHO PURCHASES A LIFETIME LICENSE PURSUANT TO SECTION 11-0702 OF THE ENVIRON- MENTAL CONSERVATION LAW OR A LIFETIME VEHICLE ACCESS PASS, ALSO KNOWN AS A LIFETIME EMPIRE PASSPORT, PURSUANT TO ARTICLE THIRTEEN OF THE PARKS, RECREATION AND HISTORIC PRESERVATION LAW BETWEEN JANUARY FIRST, TWO THOUSAND FOURTEEN AND DECEMBER THIRTY-FIRST, TWO THOUSAND FOURTEEN SHALL BE ISSUED IN THE SAME MANNER AS OTHER NUMBER PLATES, HOWEVER, SUCH LIFE- TIME LICENSE HOLDER SHALL BE EXEMPT FROM THE PAYMENT OF FEES OTHERWISE REQUIRED TO BE PAID PURSUANT TO PARAGRAPHS A AND B OF SUBDIVISION THREE OF SECTION FOUR HUNDRED ONE OF THIS ARTICLE AND THE ANNUAL SERVICE CHARGE REQUIRED BY SUBDIVISION TWO OF THIS SECTION FOR THE INITIAL ISSU- ANCE OF SUCH LICENSE PLATE AND FOR THE NEXT ENSUING REGISTRATION RENEWAL. 4. A PERSON WHO POSSESSES A LIFETIME LICENSE PURSUANT TO SECTION 11-0702 OF THE ENVIRONMENTAL CONSERVATION LAW OR A LIFETIME VEHICLE S. 6357--B 39 A. 8557--B ACCESS PASS, ALSO KNOWN AS A LIFETIME EMPIRE PASSPORT, OR A THREE OR FIVE YEAR VEHICLE ACCESS PASS PURSUANT TO ARTICLE THIRTEEN OF THE PARKS, RECREATION AND HISTORIC PRESERVATION LAW SHALL, ON REQUEST BETWEEN APRIL FIRST, TWO THOUSAND FOURTEEN AND MARCH THIRTY-FIRST, TWO THOUSAND FIFTEEN, BE ISSUED A DISTINCTIVE PLATE PURSUANT TO THIS SECTION IN THE SAME MANNER AS OTHER NUMBER PLATES UPON PAYMENT OF A TWENTY-FIVE DOLLAR REGISTRATION FEE PRESCRIBED BY SECTION FOUR HUNDRED ONE OF THIS CHAPTER FOR THE INITIAL LICENSE PLATE AND SHALL BE EXEMPT FROM THE PAYMENT OF FEES OTHERWISE REQUIRED TO BE PAID PURSUANT TO PARAGRAPH B OF SUBDIVI- SION THREE OF SECTION FOUR HUNDRED ONE OF THIS ARTICLE AND THE ANNUAL SERVICE CHARGE REQUIRED BY SUBDIVISION TWO OF THIS SECTION FOR THE INITIAL ISSUANCE OF SUCH LICENSE PLATE AND FOR THE NEXT ENSUING REGIS- TRATION RENEWAL. 5. ANY NEW YORK RESIDENT WHO POSSESSES A HUNTING, FISHING OR TRAPPING LICENSE ISSUED PURSUANT TO TITLE SEVEN OF ARTICLE ELEVEN OF THE ENVIRON- MENTAL CONSERVATION LAW OR AN ANNUAL VEHICLE ACCESS PASS, ALSO KNOWN AS AN EMPIRE PASSPORT, PURSUANT TO ARTICLE THIRTEEN OF THE PARKS, RECRE- ATION AND HISTORIC PRESERVATION LAW MAY PURCHASE THE LICENSE PLATE AVAILABLE TO A PERSON WHO PURCHASES A LIFETIME LICENSE OR PASSPORT UPON PAYMENT OF THE REGULAR REGISTRATION FEE PRESCRIBED BY SECTION FOUR HUNDRED ONE OF THIS CHAPTER. S 16. Section 11-0715 of the environmental conservation law is amended by adding a new subdivision 7 to read as follows: 7. NOTWITHSTANDING THE PROVISIONS OF SUBDIVISION THREE OF THIS SECTION, THE COMMISSIONER MAY OFFER FOR SALE LICENSES, PRIVILEGES AND PERMITS LISTED IN THIS SECTION AT A REDUCED PRICE UP TO TEN DAYS PER YEAR TO ENCOURAGE RESIDENT AND OUT-OF-STATE HUNTERS, TRAPPERS AND ANGLERS TO UTILIZE NEW YORK'S HUNTING, TRAPPING AND FISHING OPPORTU- NITIES. THESE DAYS SHALL BE DESIGNATED IN A MANNER DETERMINED BY THE DEPARTMENT TO BEST PROVIDE PUBLIC NOTICE THEREOF AND TO MAXIMIZE PUBLIC PARTICIPATION THEREIN. S 17. Subdivision 14 of section 11-0305 of the environmental conserva- tion law, as amended by chapter 292 of the laws of 1996 and as renum- bered by section 2 of part F of chapter 82 of the laws of 2002, is amended to read as follows: 14. Notwithstanding any inconsistent provision of law, the commission- er may designate no more than [two] EIGHT days in each year that shall be effective in every administrative region of the department, as free sport fishing days during which any person may, without having a sport fishing license and without the payment of any fee, exercise the privi- leges of a holder of a sport fishing license, subject to all of the limitations, restrictions, conditions, laws, rules and regulations applicable to the holder of a sport fishing license. Free sport fishing days shall be designated in a manner determined by the department to best provide public notice thereof and to maximize public participation therein, so as to promote the recreational opportunities afforded by sport fishing. S 18. Subdivision 5 of section 11-0703 of the environmental conserva- tion law is amended by adding a new paragraph e to read as follows: E. ANY THREE OR FIVE-YEAR LICENSE ISSUED PURSUANT TO PARAGRAPH A OR B OF SUBDIVISION THREE OF SECTION 11-0715 SHALL BE EFFECTIVE FOR THE NUMBER OF LICENSE YEARS INDICATED THEREON BEGINNING ON SEPTEMBER FIRST AND ENDING AUGUST THIRTY-FIRST; PROVIDED, HOWEVER, THAT A FISHING LICENSE SHALL REMAIN EFFECTIVE FOR EITHER THREE OR FIVE YEARS FROM THE DATE ON WHICH IT WAS ISSUED. S. 6357--B 40 A. 8557--B S 19. Paragraphs a and b of subdivision 3 of section 11-0715 of the environmental conservation law, as amended by chapter 276 of the laws of 2013, are amended to read as follows: a. In the case of persons who meet the criteria set forth in paragraph c of subdivision four of section 11-0703 of this title: License Fee (1) (a) Hunting $22.00 (A-1) THREE-YEAR HUNTING $60.00 (A-2) FIVE-YEAR HUNTING $100.00 (b) Hunting ages fifteen and under $5.00 (2) (A) Fishing $25.00 (B) THREE-YEAR FISHING $70.00 (C) FIVE-YEAR FISHING $115.00 (3)(a) Trapping $20.00 (A-1) THREE-YEAR TRAPPING $55.00 (A-2) FIVE-YEAR TRAPPING $90.00 (b) Trapping ages fifteen and under $5.00 (4) (A) Muzzle-loading privilege $15.00 (B) THREE-YEAR MUZZLE-LOADING $40.00 (C) FIVE-YEAR MUZZLE-LOADING $65.00 (5)(a) Bowhunting privilege $15.00 (A-1) THREE-YEAR BOWHUNTING PRIVILEGE $40.00 (A-2) FIVE-YEAR BOWHUNTING PRIVILEGE $65.00 (b) Bowhunting privilege ages fifteen and under $4.00 (6) (A) Turkey permit $10.00 (B) THREE-YEAR TURKEY PERMIT $25.00 (C) FIVE-YEAR TURKEY PERMIT $40.00 (7) Seven-day fishing [$13.00] $12.00 (8) One-day fishing $ 5.00 A THREE OR FIVE-YEAR BOWHUNTING OR MUZZLE-LOADING PRIVILEGE OR TURKEY PERMIT MAY ONLY BE SOLD TO A PERSON WHO EITHER HAS PURCHASED A HUNTING LICENSE FOR THE SAME TERM OR POSSESSES A LIFETIME HUNTING LICENSE. b. In the case of a non-resident and persons resident in the state for less than thirty days: License Fee (1) (a) Hunting $100.00 (A-1) THREE-YEAR HUNTING $290.00 (A-2) FIVE-YEAR HUNTING $480.00 (b) Hunting ages fifteen and under $5.00 (2) (A) Fishing $50.00 (B) THREE-YEAR FISHING $140.00 (C) FIVE-YEAR FISHING $230.00 (3) Seven-day fishing [$31.00] $28.00 (4)(a) Trapping $275.00 (A-1) THREE-YEAR TRAPPING $825.00 (A-2) FIVE-YEAR TRAPPING $1,375.00 (b) Trapping ages fifteen and under $5.00 (5)(a) Bowhunting privilege $30.00 (A-1) THREE-YEAR BOWHUNTING PRIVILEGE $80.00 (A-2) FIVE-YEAR BOWHUNTING PRIVILEGE $130.00 (b) Bowhunting privilege ages fifteen and under $4.00 (6) (A) Muzzle-loading $30.00 (B) THREE-YEAR MUZZLE-LOADING $80.00 S. 6357--B 41 A. 8557--B (C) FIVE-YEAR MUZZLE-LOADING $130.00 (7) (A) Turkey permit $20.00 (B) THREE-YEAR TURKEY PERMIT $55.00 (C) FIVE-YEAR TURKEY PERMIT $90.00 (8) One-day fishing $10.00 A THREE OR FIVE-YEAR BOWHUNTING OR MUZZLE-LOADING PRIVILEGE OR TURKEY PERMIT MAY ONLY BE SOLD TO A PERSON WHO EITHER HAS PURCHASED A HUNTING LICENSE FOR THE SAME TERM OR POSSESSES A LIFETIME HUNTING LICENSE. S 20. This act shall take effect April 1, 2014. PART J Section 1. Subdivisions 6, 7 and 8 of section 251-z-5 of the agricul- ture and markets law, subdivisions 6 and 7 as added by chapter 863 of the laws of 1972 and subdivision 8 as added by chapter 665 of the laws of 2005, are amended and a new subdivision 9 is added to read as follows: (6) The applicant or licensee, or an officer, director, partner, hold- er of ten per cent of the voting stock, or any other person exercising any position of management or control has failed to comply with any of the provisions of this chapter or rules and regulations promulgated pursuant thereto; [or] (7) Any person including the applicant or licensee, or an officer, director, partner or any stockholder, exercising any position of manage- ment or control has been convicted of a felony in any court of the United States or any state or territory[.]; (8) A retail food store licensed under this article fails to comply with the education requirements set forth in section two hundred fifty- one-z-twelve of this article[.]; OR (9) THE APPLICANT OR LICENSEE HAS FAILED TO PAY ANY PENALTY IMPOSED FOR OR JUDGMENT BASED UPON A VIOLATION OF THE PROVISIONS OF THIS ARTICLE OR RULES AND REGULATIONS PROMULGATED PURSUANT THERETO, WHICH OUTSTANDING PENALTY OR PENALTIES AND/OR JUDGMENT OR JUDGMENTS EQUAL OR EXCEED TWO THOUSAND FOUR HUNDRED DOLLARS. NOTWITHSTANDING, AND IN ADDITION TO THE POWERS CONFERRED IN THIS SECTION, WHEN THE COMMISSIONER FINDS THAT AN APPLICANT OR LICENSEE HAS FAILED TO PAY ANY PENALTY IMPOSED OR JUDGMENT OBTAINED, WHICH OUTSTANDING PENALTY OR PENALTIES AND/OR JUDGMENT OR JUDGMENTS EQUAL OR EXCEED TWO THOUSAND FOUR HUNDRED DOLLARS, THE COMMIS- SIONER MAY DECLINE TO ISSUE OR RENEW A LICENSE, AND, IN LIEU THEREOF, SHALL GRANT A PROVISIONAL LICENSE. (A) A PROVISIONAL LICENSE SHALL EXPIRE SIXTY DAYS FOLLOWING ITS ISSU- ANCE, UNLESS: (I) PRIOR TO ITS EXPIRATION, THE APPLICANT OR LICENSEE PAYS OR ENTERS INTO AN AGREEMENT WITH THE DEPARTMENT TO PAY ALL SAID AMOUNTS DUE, AT WHICH POINT THE PROVISIONAL LICENSE SHALL CONVERT TO A TWO-YEAR LICENSE, COMMENCING AS OF THE DATE OF ISSUANCE OF THE PROVI- SIONAL LICENSE; OR (II) WITHIN THIRTY DAYS OF ITS ISSUANCE, THE APPLI- CANT OR LICENSEE REQUESTS A HEARING, PURSUANT TO RULES AND REGULATIONS THAT THE DEPARTMENT SHALL PROMULGATE. (B) WHERE A HEARING IS REQUESTED, THE PROVISIONAL LICENSE SHALL CONTINUE IN FORCE UNTIL THE DETERMINATION OF SAID HEARING. SHOULD THE APPLICANT PREVAIL, THE PROVISIONAL LICENSE SHALL CONVERT INTO A TWO-YEAR LICENSE, RUNNING FROM THE DATE OF THE ISSUANCE OF THE PROVISIONAL LICENSE. SHOULD THE DEPARTMENT PREVAIL, THE PROVISIONAL LICENSE SHALL TERMINATE AND NO LICENSE SHALL ISSUE. S 2. This act shall take effect immediately. S. 6357--B 42 A. 8557--B PART K Section 1. Expenditures of moneys appropriated in a chapter of the laws of 2014 to the energy research and development authority, under the research, development and demonstration program, from the special reven- ue funds - other/state operations, miscellaneous special revenue fund - 339, energy research and planning account, and special revenue funds - other/aid to localities, miscellaneous special revenue fund - 339, ener- gy research and planning account shall be subject to the provisions of this section. Notwithstanding the provisions of subdivision 4-a of section 18-a of the public service law, all moneys committed or expended shall be reimbursed by assessment against gas corporations and electric corporations as defined in section 2 of the public service law, and the total amount which may be charged to any gas corporation and any elec- tric corporation shall not exceed one cent per one thousand cubic feet of gas sold and .010 cent per kilowatt-hour of electricity sold by such corporations in their intrastate utility operations in calendar year 2012. Such amounts shall be excluded from the general assessment provisions of subdivision 2 of section 18-a of the public service law, but shall be billed and paid in the manner set forth in such subdivision and upon receipt shall be paid to the state comptroller for deposit in the state treasury for credit to the miscellaneous special revenue fund. The director of the budget shall not issue a certificate of approval with respect to the commitment and expenditure of moneys hereby appro- priated until the chair of such authority shall have submitted, and the director of the budget shall have approved, a comprehensive financial plan encompassing all moneys available to and all anticipated commit- ments and expenditures by such authority from any source for the oper- ations of such authority. Copies of the approved comprehensive financial plan shall be immediately submitted by the director of the budget to the chairs and secretaries of the legislative fiscal committees. S 2. This act shall take effect immediately and shall be deemed to have been in full force and effect on and after April 1, 2014. PART L Section 1. Notwithstanding any law to the contrary, the comptroller is hereby authorized and directed to receive for deposit to the credit of the general fund the amount of up to $913,000 from the New York state energy research and development authority. S 2. This act shall take effect immediately and shall be deemed to have been in full force and effect on and after April 1, 2014. PART M Section 1. Legislative findings. The legislature hereby finds and determines: 1. In 2011 and 2012, three storms of enormous magnitude - Hurricane Irene, Tropical Storm Lee and Superstorm Sandy - each battered New York, causing billions of dollars of damage to roads, buildings and other infrastructure. The three storms collectively resulted in millions of residential, business and industrial customers of electric utilities losing electricity for extended periods of time. 2. Each of these storms caused, among other things, a disruption in the distribution and supply of motor fuels, and in the case of Super- S. 6357--B 43 A. 8557--B storm Sandy, downstate motorists were unable to obtain routine supplies of fuel for several weeks. 3. In addition, temporary fuel distribution disruptions associated with the aftermath of a storm can result in emergency vehicles and responders unable to adequately address ongoing public safety and health emergencies, delay an appropriate response to infrastructure damages caused by a storm, and otherwise disrupt commerce in the state due to difficulty to obtain readily available motor fuels. 4. On November 15, 2012, in response to Superstorm Sandy, Governor Andrew M. Cuomo announced the creation of the NYS Ready Commission and tasked it with finding ways to ensure critical systems and services are prepared for future natural disasters and other emergencies. As related to this act, the Commission was tasked with addressing vulnerabilities in the state's energy systems. 5. The NYS Ready Commission recommended, among other things, to require that retail gasoline outlets located in strategic locations have on-site back-up power capacity to ensure that such outlets can continue fuel sales operations during a long-term electric outage. The purpose of this act is to ensure that the state is better situated in the future to address the temporary disruption of retail fuel supplies. S 2. Section 192-h of the agriculture and markets law, as added by section 2 of part S of chapter 58 of the laws of 2013, is amended to read as follows: S 192-h. Alternate generated power source at retail gasoline outlets. 1. Definitions. When used in this section: (a) "Alternate generated power source" means electric generating equipment that is of a capacity that is capable of providing adequate electricity to operate all dispensers, dispensing equipment, life safety systems and payment-acceptance equipment located at a retail outlet and which can operate independent of the local electric utility distribution system and provide electricity during a general power outage or declared energy or fuel supply emergency to operate the systems named herein. (b) "Chain of retail outlets" means a network of subsidiaries or affiliates, under direct or indirect common control, that operate ten or more retail outlets located in a single downstate region; provided, however that this term does not include any franchisor of the brand of motor fuel being sold at such outlet, except if such franchisor owns such outlet. (c) "Controlled access highway" means every highway, street, or road- way in respect to which owners or occupants of abutting lands and other persons have no legal right of access to or from the same except at such points only and in such manner as may be determined by the public authority having jurisdiction over such highway, street, or roadway. (d) "Diesel motor fuel" means any fuel sold in this state and for use in diesel engines which is commercially known or offered for sale as diesel motor fuel. (e) "Dispenser" means a device located at a retail outlet that is used to pump motor fuel from an above-ground or underground storage tank into a motor vehicle. (f) "Downstate region" means each of the following regions of the state: (i) Long Island region: Includes Nassau and Suffolk counties. (ii) Lower Mid-Hudson region: Includes Rockland and Westchester coun- ties. (iii) New York city region: Includes Bronx, Kings, New York, Queens and Richmond counties. S. 6357--B 44 A. 8557--B (g) "Evacuation route" means those roads designated by each county, AND RECOGNIZED BY THE STATE, that are to be used by motorists in case of a hurricane or other natural disaster. (h) "Franchisor" means a person or company that grants a franchise to a franchisee. (i) "Gasoline" means any fuel sold in this state for use in internal combustion engines which is commercially known or offered for sale as gasoline, whether or not blended with ethanol or other chemicals. (j) "Motor fuel" means any petroleum product, including any gasoline or diesel motor fuel, which is used for the propulsion of motor vehi- cles. (k) "Retailer" means any person who owns, operates, or controls a retail outlet that is subject to the requirements of subdivision two of this section. (l) "Retail outlet" means a facility, including all land, improvements and associated structures and equipment, that dispenses motor fuel for sale to the general public. (M) "STRATEGIC UPSTATE HIGHWAYS" MEANS THE FOLLOWING: (I) I-87 BEGINNING AT THE ROCKLAND-ORANGE COUNTY LINE THENCE NORTHERLY PASSING THROUGH OR IN THE VICINITY OF ALBANY TO THE INTERSECTION WITH I-90, THE FOREGOING ROUTE BEING A PORTION OF THE NEW YORK STATE THRUWAY; THENCE CONTINUING NORTHERLY TO THE NEW YORK-CANADA BORDER; (II) I-90 BEGINNING AT I-87 IN THE VICINITY OF ALBANY THENCE WESTERLY PASSING THROUGH OR IN THE VICINITY OF SCHENECTADY, UTICA, SYRACUSE, ROCHESTER, AND BUFFALO; THENCE CONTINUING SOUTHWESTERLY TO THE NEW YORK-PENNSYLVANIA BORDER, THE FOREGOING ROUTE BEING A PORTION OF THE NEW YORK STATE THRUWAY; (III) THE BERKSHIRE SECTION OF THE NEW YORK STATE THRUWAY BEGINNING AT I-87 THENCE EASTERLY TO THE INTERSECTION WITH I-90 AND CONTINUING ON I-90 TO THE NEW YORK-MASSACHUSETTS BORDER; (IV) I-84 BEGINNING AT THE NEW YORK-NEW JERSEY BORDER THENCE EASTERLY PASSING THROUGH OR IN THE VICINITY OF NEWBURGH, THENCE CONTINUING EAST- ERLY AND SOUTHEASTERLY TO THE NEW YORK-CONNECTICUT BORDER; (V) I-88 BEGINNING AT I-81 IN THE VICINITY OF BINGHAMTON THENCE NORTHEASTERLY TO I-90 IN THE VICINITY OF SCHENECTADY; (VI) I-86/STATE ROUTE 17 BEGINNING AT I-87 IN THE VICINITY OF WOODBURY THENCE WESTERLY AND NORTHWESTERLY PASSING THROUGH OR IN THE VICINITY OF BINGHAMTON, ELMIRA, AND JAMESTOWN, CONTINUING TO THE NEW YORK-PENNSYLVA- NIA BORDER; (VII) I-81 BEGINNING AT THE NEW YORK-PENNSYLVANIA BORDER THENCE NORTH- ERLY PASSING THROUGH OR IN THE VICINITY OF SYRACUSE AND WATERTOWN, CONTINUING TO THE NEW YORK-CANADA BORDER; (VIII) I-390 BEGINNING AT I-86 IN THE VICINITY OF AVOCA THENCE NORTHWESTERLY AND NORTHERLY IN I-490 IN THE VICINITY OF ROCHESTER; AND (IX) I-190 BEGINNING AT I-90 IN THE VICINITY OF BUFFALO, THENCE WESTERLY, NORTHWESTERLY, AND NORTHERLY THROUGH BUFFALO, ACROSS GRAND ISLAND, THE FOREGOING ROUTE BEING A PORTION OF THE NEW YORK STATE THRU- WAY, AND THENCE GENERALLY WESTERLY TO THE UNITED STATES-CANADA BORDER IN THE VICINITY OF LEWISTON. (N) "UPSTATE REGION" MEANS ANY COUNTY OF THE STATE THAT IS NOT PART OF THE DOWNSTATE REGION. 2. Prewiring and transfer switch. (a) Retail outlets in the downstate region shall be prewired with an appropriate transfer switch for using an alternate generated power source at such retail outlets as follows: (i) each retail outlet in operation on the effective date of this section that is located within one-half mile by road measurement from an S. 6357--B 45 A. 8557--B exit road on a controlled access highway or from an evacuation route shall be prewired by no later than April first, two thousand fourteen; (ii) each retail outlet beginning operation after the effective date of this section and before April first, two thousand fourteen that is located within one-half mile by road measurement from an exit road on a controlled access highway or from an evacuation route shall be prewired by no later than April first, two thousand fifteen; (iii) each retail outlet that is located within one-half mile by road measurement from an evacuation route that is designated as such after the effective date of this section or within one-half mile by road meas- urement from an exit road that is established after the effective date of this section shall be prewired within one year of such designation or establishment provided that funding is available at such time for the program established under subdivision twenty of section eighteen hundred fifty-four of the public authorities law; and (iv) thirty percent of all retail outlets that are part of a chain of retail outlets, exclusive of those included in subparagraphs (i), (ii) and (iii) of this paragraph, shall be prewired by no later than August first, two thousand fifteen, provided, however, in the case of an exist- ing retail outlet that becomes part of a chain of retail outlets after the effective date of this section and that has been designated by the chain as an outlet comprising such thirty percent, by no later than August first, two thousand fifteen or one year after becoming part of such chain, whichever is later, and provided further, in the case of a retail outlet that is part of a chain of retail outlets, is part of such thirty percent and is subject to paragraph (b) of this subdivision as required in paragraph (b) of this subdivision. (A-1) RETAIL OUTLETS IN THE UPSTATE REGION SHALL BE PREWIRED WITH AN APPROPRIATE TRANSFER SWITCH FOR USING AN ALTERNATE GENERATED POWER SOURCE AT SUCH RETAIL OUTLETS AS FOLLOWS: (I) EACH RETAIL OUTLET IN OPERATION ON THE EFFECTIVE DATE OF THIS PARAGRAPH THAT IS LOCATED ON A STRATEGIC UPSTATE HIGHWAY OR WITHIN ONE- HALF MILE BY ROAD MEASUREMENT FROM AN EXIT ROAD ON A STRATEGIC UPSTATE HIGHWAY OR FROM AN EVACUATION ROUTE SHALL BE PREWIRED BY NO LATER THAN APRIL FIRST, TWO THOUSAND FIFTEEN; (II) EACH RETAIL OUTLET BEGINNING OPERATION AFTER THE EFFECTIVE DATE OF THIS PARAGRAPH AND BEFORE APRIL FIRST, TWO THOUSAND FIFTEEN THAT IS LOCATED ON A STRATEGIC UPSTATE HIGHWAY OR WITHIN ONE-HALF MILE BY ROAD MEASUREMENT FROM AN EXIT ROAD ON A STRATEGIC UPSTATE HIGHWAY OR FROM AN EVACUATION ROUTE SHALL BE PREWIRED BY NO LATER THAN APRIL FIRST, TWO THOUSAND SIXTEEN; AND (III) EACH RETAIL OUTLET THAT IS LOCATED WITHIN ONE-HALF MILE BY ROAD MEASUREMENT FROM AN EVACUATION ROUTE THAT IS DESIGNATED AS SUCH AFTER THE EFFECTIVE DATE OF THIS SECTION OR ON A STRATEGIC UPSTATE HIGHWAY OR WITHIN ONE-HALF MILE BY ROAD MEASUREMENT FROM AN EXIT ROAD ON A STRATE- GIC UPSTATE HIGHWAY THAT IS ESTABLISHED AFTER THE EFFECTIVE DATE OF THIS PARAGRAPH SHALL BE PREWIRED WITHIN ONE YEAR OF SUCH DESIGNATION OR ESTABLISHMENT PROVIDED THAT FUNDING IS AVAILABLE AT SUCH TIME FOR THE PROGRAM ESTABLISHED UNDER SUBDIVISION TWENTY OF SECTION EIGHTEEN HUNDRED FIFTY-FOUR OF THE PUBLIC AUTHORITIES LAW. (b) Each retail outlet for which a building permit is issued on or after April first, two thousand fourteen for new construction or for substantial demolition and reconstruction, shall be prewired with an appropriate transfer switch for using an alternate generated power source. S. 6357--B 46 A. 8557--B (c) Such transfer switch and all associated electrical wiring shall be installed, operated, and maintained in compliance with all applicable provisions of the New York state uniform fire prevention and building code or any applicable local building code or standard. Installation of appropriate wiring and transfer switches shall be performed by a licensed electrical contractor. (d) Each retailer shall keep on file at the retail outlet a written statement in a form approved by the department and containing an attes- tation by a licensed electrician that the wiring and transfer switch were installed in accordance with the manufacturer's specifications. In addition, each such retailer shall maintain the wiring and transfer switch in accordance with the manufacturer's specifications. (e) Each retail outlet IN THE DOWNSTATE REGION in operation on the effective date of this section that sold less than seventy-five thousand gallons of motor fuel per month on average for the period they were in operation during the twelve months prior to the effective date shall be exempt from the requirements of this subdivision. 3. Emergency deployment. In the event that a declaration of an energy or fuel supply emergency issued by the governor, the county executive of a county [in the downstate region] CONTAINING RETAIL OUTLETS SUBJECT TO THE PROVISIONS OF THIS SECTION or the mayor of a city with a population in excess of one million inhabitants is in effect, a retailer of a retail outlet within any such county or city for which such declaration was issued shall deploy and install an alternate generated power source as follows: (a) For a retail outlet subject to the requirements of: (i) PARAGRAPH (A-1) OF SUBDIVISION TWO OF THIS SECTION OR subparagraphs (i), (ii) or (iii) of paragraph (a) of subdivision two of this section or (ii) para- graph (b) of subdivision two of this section that is located in the downstate region and that is located within one-half mile by road meas- urement from an exit road on a controlled access highway or from an evacuation route, within twenty-four hours of such declaration, if such outlet is without power at the time of such declaration. Provided, however, if any such outlet loses power following such declaration and while the declaration is still in effect, then the alternate generated power source shall be deployed and installed within twenty-four hours of such loss of power. (b) For a retail outlet prewired pursuant to the requirements of subparagraph (iv) of paragraph (a) of subdivision two of this section, within forty-eight hours of such declaration, if such outlet is without power at the time of such declaration. Provided, however, if any such outlet loses power following such declaration and while the declaration is still in effect, then the alternate generated power source shall be deployed and installed within forty-eight hours of the loss of power. 3-a. Declaration of energy or fuel supply emergency. Upon issuance of a declaration of an energy or fuel supply emergency pursuant to this subdivision, a county executive of a county [in the downstate region] WHOSE RETAIL OUTLETS ARE SUBJECT TO THE PROVISIONS OF THIS SECTION or mayor of a city with a population in excess of one million inhabitants who declared such emergency shall promptly notify the president of the New York state energy research and development authority, the commis- sioner of homeland security and emergency services, and impacted resi- dents using such means as are practicable and efficient. 4. Plan for alternate generated power source. Each retailer subject to subdivision three of this section shall by the date of the installation of the prewiring and transfer switch required under subdivision two of S. 6357--B 47 A. 8557--B this section have in place at each applicable retail outlet documenta- tion in a form approved by the department demonstrating a plan to deploy and install an alternate generated power source located at such retail outlet as required under subdivision three of this section. Such plan shall take one of the following forms: (a) a receipt or other documentation showing ownership of such power source; (b) for a retailer subject to paragraph (a) of subdivision three of this section, documentation attesting to participation in the program established under subdivision twenty-one of section eighteen hundred fifty-four of the public authorities law; or (c) a contract with a supplier of such power source providing for deployment and installation of such power source in compliance with the requirements of this section, or other documentation demonstrating the retailer's ability to comply with the requirements of this section, which may include the generator deployment and installation plan of a chain of retail outlets. 5. Inspection; recordkeeping; reporting. The commissioner or the commissioner's designee shall be authorized to enter during regular business hours upon a retail outlet subject to the requirements of subdivision two of this section for the purpose of determining compli- ance with the provisions of this section and any rules or regulations promulgated hereunder. All documents required pursuant to subdivisions two and four of this section shall be maintained at the applicable retail outlet and made available to the commissioner or the commission- er's designee upon request. In addition, each retailer of a retail outlet, except for retail outlets granted exemptions under paragraph (e) of subdivision two of this section, shall provide to the department by [April first, two thousand fourteen] THE DATE OF THE INSTALLATION OF THE PREWIRING AND TRANSFER SWITCH REQUIRED UNDER SUBDIVISION TWO OF THIS SECTION and every two years thereafter written documentation in a form approved by the department certifying that such retail outlet is in compliance with the requirements of this section, and any other require- ment specified by any rules or regulations promulgated hereunder; provided, however, that, for each retail outlet that is part of a chain of retail outlets or to which subparagraph (ii) or (iii) of paragraph (a), SUBPARAGRAPH (III) OF PARAGRAPH (A-1) or paragraph (b) of subdivi- sion two applies, such written documentation shall be provided to the department within ten days after the date of installation of the prewir- ing and transfer switch required to be installed under subdivision two of this section and every two years thereafter. 6. Rules and regulations; notification of applicability. The commis- sioner shall have the authority, with the assistance of the commissioner of transportation, the commissioner of homeland security and emergency services, the president of the New York state energy research and devel- opment authority, the secretary of state and the chair of the public service commission, to promulgate such rules and regulations as the commissioner shall deem necessary to effectuate the purposes of this section. The commissioner shall by June first, two thousand thirteen: (a) notify by first class mail all existing retail outlets that appear to meet the criteria specified in subdivision two of this section of the requirements of this section and include with such notification any other information deemed necessary by the commissioner, including infor- mation regarding applicability criteria, compliance measures and poten- tial grant assistance; (b) provide a list of all such retail outlets to the governor, the temporary president of the senate and the speaker of S. 6357--B 48 A. 8557--B the assembly; and (c) post such list on the department's website, PROVIDED HOWEVER THAT FOR RETAIL OUTLETS SUBJECT TO PARAGRAPH (A-1) OF SUBDIVISION TWO OF THIS SECTION, SUCH ACTIONS SHALL OCCUR BY JUNE FIRST, TWO THOUSAND FOURTEEN. If approval of federal mitigation funds or other approved resources for the program established under subdivision twenty of section eighteen hundred fifty-four of the public authorities law occurs after June first, two thousand thirteen, the commissioner shall provide additional notification of such approval within thirty days. Any retailer of a retail outlet specified on such list shall be subject to the requirements of this section unless he or she provides written documentation to the department by August first, two thousand thirteen proving that such outlet does not qualify, or is eligible for an exemption pursuant to paragraph (e) of subdivision two of this section; PROVIDED HOWEVER THAT FOR RETAIL OUTLETS SUBJECT TO PARAGRAPH (A-1) OF SUBDIVISION TWO OF THIS SECTION, ANY RETAILER OF A RETAIL OUTLET SPECI- FIED ON SUCH LIST SHALL BE SUBJECT TO THE REQUIREMENTS OF THIS SECTION UNLESS HE OR SHE PROVIDES WRITTEN DOCUMENTATION TO THE DEPARTMENT BY AUGUST FIRST, TWO THOUSAND FOURTEEN PROVING THAT SUCH OUTLET DOES NOT QUALIFY. The commissioner shall update such list every five years ther- eafter, OR MORE FREQUENTLY AS THE COMMISSIONER DEEMS NECESSARY, and notify all new retail outlets that become subject to the requirements of this section; provided, however, that compliance with the requirements of this section is not conditioned on such notification. 7. Violations and penalties. Any retailer who violates any provision of this section, or any rule or regulation promulgated hereunder, shall be liable to the people of the state for a civil penalty of up to one thousand five hundred dollars per day for every such violation, to be assessed by the commissioner, after a hearing or opportunity to be heard upon due notice and with the right to representation by counsel. In determining the amount of civil penalty, the commissioner shall take into consideration mitigating factors, such as the availability of gaso- line at the retail outlet, provided that the retailer did not refuse such delivery, and the extent to which the retailer's action or inaction contributed to the violation. Such penalty may be recovered in an action brought by the attorney general at the request and in the name of the commissioner in any court of competent jurisdiction. Such civil penalty may be released or compromised by the commissioner before the matter has been referred to the attorney general. Additionally, after such hearing and a finding that such retailer has violated the provisions of this section, or of any rule or regulation promulgated thereunder, the commissioner may issue and cause to be served upon such person an order enjoining such person from violating such provisions and taking all necessary actions for such person to come into compliance with such provisions. Any such order of the commissioner may be enforced in an action brought by the attorney general at the request and in the name of the commissioner in any court of competent jurisdiction. Notwithstanding the foregoing, such retailer shall not be in violation of subdivision three of this section if he or she is unable to deploy, install or operate an alternate generated power source because of uncon- trollable circumstances, including but not limited to, restrictions imposed by public safety officers to address an emergency situation or that such retail station is made unsafe or unable to operate due to acts of God, fires, floods, explosions or the safety of personnel needed to operate such retail outlet. Additionally, such retailer shall not be in violation of subdivision three of this section if he or she is a partic- ipant in the program established under subdivision twenty-one of section S. 6357--B 49 A. 8557--B eighteen hundred fifty-four of the public authorities law and a genera- tor is not provided to the retailer due to the prioritization allowed under such subdivision or through no fault of the retailer. 8. This section shall not be construed to require any retailer to maintain set business hours in the event of an energy or fuel supply emergency. 9. The provisions of this section shall supersede all local laws or ordinances in the downstate region AND IN COUNTIES IN THE UPSTATE REGION WHOSE RETAIL OUTLETS ARE SUBJECT TO THE PROVISIONS OF THIS SECTION relating to the installation and deployment of an alternate generated power source or any related electrical or other equipment at any retail outlet. 10. The requirements of this section shall be contingent on the approval of federal mitigation funds or other approved resources for the program established under subdivision twenty of section eighteen hundred fifty-four of the public authorities law. In the event such approval does not occur as of June first, two thousand thirteen, all deadlines with a date of April first, two thousand fourteen shall be delayed by the amount of time such approval is delayed past June first, two thou- sand thirteen. S 3. Subdivisions 20 and 21 of section 1854 of the public authorities law, as added by section 3 of part S of chapter 58 of the laws of 2013, are amended to read as follows: 20. To administer a program, using funds provided for such purpose, to provide a grant based on standards and guidelines established by the authority for costs as follows: (a) for each retail outlet that is in operation before April first, two thousand fourteen and is subject to the requirements of paragraph (a) of subdivision three of section one hundred ninety-two-h of the agriculture and markets law AND FOR EACH RETAIL OUTLET THAT IS IN OPERA- TION BEFORE APRIL FIRST, TWO THOUSAND FIFTEEN AND IS SUBJECT TO THE REQUIREMENTS OF PARAGRAPH (A-1) OF SUBDIVISION TWO OF SECTION ONE HUNDRED NINETY-TWO-H OF THE AGRICULTURE AND MARKETS LAW: (i) no greater than ten thousand dollars required to prewire such retail outlet with an appropriate transfer switch for using an alternate generated power source as defined in section one hundred ninety-two-h of the agriculture and markets law; or (ii) no greater than thirteen thousand dollars required to prewire such retail outlet with an appropriate transfer switch for using an alternate generated power source as defined in section one hundred nine- ty-two-h of the agriculture and markets law and purchase such power source to be permanently affixed at the site. (b) for each retail outlet that is in operation before April first, two thousand fourteen and is subject to the requirements of paragraph (b) of subdivision three of section one hundred ninety-two-h of the agriculture and markets law, no greater than ten thousand dollars required to: (i) prewire an existing retail outlet with an appropriate transfer switch for using an alternate generated power source as defined in section one hundred ninety-two-h of the agriculture and markets law; and/or (ii) purchase such power source to be permanently affixed at the site. (c) to the extent funds are available, for retail outlets that become operational on or after April first, two thousand fourteen, or to which subdivision two of section one hundred ninety-two-h of the agriculture and markets law becomes applicable after the effective date of this subdivision, which grants shall otherwise be subject to the same S. 6357--B 50 A. 8557--B amounts, purposes and restrictions as paragraphs (a) and (b) of this subdivision. The authority may offer any funds provided for such purpose and not expended to retail outlets that are not required to comply with the requirements of subdivision two of section one hundred ninety-two-h of the agriculture and markets law but that seek to participate in such program. 21. To administer a program to establish a pool of generators for retail outlets as defined in section one hundred ninety-two-h of the agriculture and markets law. The authority may enter into or facilitate contracts, lease agreements and any other instruments subject to the provisions of law, with companies providing generators and generator services to provide for such pool and the deployment and installation of generators in the pool. Retail outlets that elect to participate in the program and are subject to the requirements of PARAGRAPH (A-1) OF SUBDI- VISION TWO OR paragraph (a) of subdivision three of section one hundred ninety-two-h of the agriculture and markets law shall be required only to pay the actual cost of generator rental, deployment and installation in the event that emergency deployment is required, provided, that a participant must abide by the terms of any contract or written agreement covering the rental, deployment and installation of such generator. In the event that an insufficient number of generators is available to meet required emergency deployment, the authority in consultation with the commissioner of homeland security and emergency services shall prior- itize such retail outlets as are most essential to public safety and well-being during the energy or fuel supply emergency. When generators from such program are deployed, the authority shall provide public notice on its website, to the media and through other means practicable of those retail outlets where generators are deployed. S 4. This act shall take effect immediately. PART N Section 1. Section 2 of chapter 21 of the laws of 2003, amending the executive law relating to permitting the secretary of state to provide special handling for all documents filed or issued by the division of corporations and to permit additional levels of such expedited service, as amended by section 1 of part P of chapter 58 of the laws of 2013, is amended to read as follows: S 2. This act shall take effect immediately, provided however, that section one of this act shall be deemed to have been in full force and effect on and after April 1, 2003 and shall expire March 31, [2014] 2015. S 2. This act shall take effect immediately and shall be deemed to have been in full force and effect on and after March 31, 2014. PART O Section 1. Paragraph (g) of section 104 of the business corporation law, as amended by chapter 375 of the laws of 1998, is amended to read as follows: (g) The department shall make, certify and transmit ELECTRONICALLY a copy of each such instrument to the clerk of the county in which the office of the domestic or foreign corporation is or is to be located. The county clerk shall file and index such copy. S. 6357--B 51 A. 8557--B S 2. Paragraph (g) of section 104 of the not-for-profit corporation law, as amended by chapter 375 of the laws of 1998, is amended to read as follows: (g) The department shall make, certify and transmit ELECTRONICALLY a copy of each such instrument to the clerk of the county in which the office of the domestic or foreign corporation is or is to be located. The county clerk shall file and index such copy. S 3. This act shall take effect immediately. PART P Section 1. Subdivision 2 of section 160-f of the executive law, as amended by chapter 397 of the laws of 1991, is amended to read as follows: 2. Notwithstanding any other law, the department may transmit an annu- al registry fee [of not more than twenty-five dollars] AS SET BY THE FEDERAL APPRAISAL SUBCOMMITTEE IN ACCORDANCE WITH 12 U.S.C. 3338 (A)(4)(A) from such individuals who perform or seek to perform appraisals in federally related transactions and to transmit a roster of such individuals to the Appraisal Subcommittee of the Federal Financial Institutions Examination Council as required by Title XI of the Finan- cial Institutions Reform, Recovery, and Enforcement Act of 1989. S 2. This act shall take effect immediately. PART Q Section 1. Notwithstanding any other law, rule or regulation to the contrary, expenses of the department of health public service education program incurred pursuant to appropriations from the cable television account of the state miscellaneous special revenue funds shall be deemed expenses of the department of public service. S 2. This act shall take effect immediately and shall be deemed to have been in full force and effect on and after April 1, 2014. PART R Section 1. Section 5 of the public service law is amended by adding a new subdivision 7 to read as follows: 7. (A) THE COMMISSION MAY, AFTER NOTICE AND HEARING, FORBEAR FROM APPLYING THE PROVISIONS OF SUBDIVISION TWO OF SECTION NINETY-ONE AND SECTION NINETY-TWO, NINETY-NINE, ONE HUNDRED, ONE HUNDRED ONE OR ONE HUNDRED ONE-A OF THIS CHAPTER TO A TELEPHONE CORPORATION, TELEPHONE SERVICE, OR CLASS OF TELEPHONE CORPORATIONS OR TELEPHONE SERVICES AS DEFINED IN COMMISSION REGULATIONS, IN ANY GEOGRAPHIC MARKET UPON A DETERMINATION THAT: (I) APPLICATION OF A PROVISION IS NOT NECESSARY TO ENSURE JUST AND REASONABLE RATES AND CHARGES AND RATES THAT ARE NOT UNJUSTLY OR UNREA- SONABLY DISCRIMINATORY; (II) APPLICATION OF A PROVISION IS NOT NECESSARY FOR PROTECTION OF CONSUMERS; AND (III) FORBEARANCE FROM APPLYING A PROVISION IS CONSISTENT WITH THE PUBLIC INTEREST, INCLUDING, BUT NOT LIMITED TO, PROMOTION OF COMPETITIVE MARKET CONDITIONS AND COMPETITION AMONG PROVIDERS OF TELEPHONE SERVICES. (B) ANY TELEPHONE CORPORATION OR SUCH CLASS OF TELEPHONE CORPORATIONS MAY PETITION THE COMMISSION FOR EXERCISE OF THE AUTHORITY GRANTED UNDER THIS SUBDIVISION. S. 6357--B 52 A. 8557--B S 2. Paragraph (d) of subdivision 5 of section 52 of the public service law, as added by chapter 186 of the laws of 1995, is amended to read as follows: (d) when such determination follows a customer complaint regarding a shared meter condition or a utility discovery of a shared meter condi- tion that is not in response to an owner's request for a utility inspection for a shared meter condition, with respect to utility service billed after December first, nineteen hundred ninety-six, the utility shall comply with the provisions of paragraphs (a), (b) and (c) of this subdivision, and further bill the owner and refund to the shared meter customer an estimated amount of THE charges for [twelve months] TWENTY- FIVE PERCENT of all service measured by the shared meter FOR TWELVE MONTHS; provided, however, that this paragraph shall not apply to a shared meter condition if service measured through the shared meter is minimal under commission rules adopted pursuant to subdivision eight of this section[. An owner so billed] OR IN THE EVENT AN OWNER, PURSUANT TO SUBPARAGRAPH (I) OF PARAGRAPH (B) OF SUBDIVISION TWO OF THIS SECTION, IS EXCUSED FROM CORRECTING THE SHARED METER CONDITION BY A LEGAL PROHIBI- TION OR EXORBITANT COST AS DEFINED BY COMMISSION RULES ADOPTED PURSUANT TO SUBDIVISION EIGHT OF THIS SECTION. A SHARED METER CUSTOMER may peti- tion the commission or its designee for a determination that the amount of such [bill is excessive] ASSESSMENT IS UNSATISFACTORY and that such bill and refund be adjusted [accordingly]; provided, however, [neither the adjusted bill nor] THAT the adjusted refund shall [be less than twenty-five percent of] NOT EXCEED the total amount of the original bill. [The commission is authorized to make such a determination and adjustment if it finds that a bill and refund of twelve months' charges is unduly burdensome and unfair.] In making such determination the commission or its designee shall consider the total amount of the bill and refund in relation to the shared area charges over such twelve month period and any other equitable factors established by the commission; and S 3. Section 221 of the public service law, as added by chapter 83 of the laws of 1995, is amended to read as follows: S 221. Certificate of confirmation. 1. Except as provided in this section, no person shall exercise a franchise, and no such franchise shall be effective, [until the commission has confirmed such franchise. A person wishing to exercise a franchise shall file with the commission an application for a certificate of confirmation in such form and containing such information and supportive documentation as the commis- sion may require. The application shall be accompanied by proof of service thereof upon the franchisor and by such fee as the commission may set] UNLESS A COPY OF SUCH FRANCHISE HAS BEEN APPROVED BY THE MUNI- CIPALITY, AND PROPERLY FILED WITH THE COMMISSION WITHIN THIRTY DAYS OF MUNICIPAL APPROVAL. SUCH FRANCHISE SHALL BE SUBJECT, AT A MINIMUM, TO THE FRANCHISING STANDARDS SET FORTH IN THIS ARTICLE AND THE RULES AND REGULATIONS PROMULGATED THEREUNDER BY THE COMMISSION. 2. A FRANCHISE SHALL BE DEEMED GRANTED FORTY-FIVE DAYS AFTER THE FRAN- CHISE IS FILED PURSUANT TO SUBDIVISION ONE OF THIS SECTION UNLESS THE COMMISSION, OR ITS DESIGNEE, DETERMINES WITHIN SUCH FORTY-FIVE DAY PERI- OD THAT THE PUBLIC INTEREST REQUIRES THE COMMISSION'S REVIEW AND WRITTEN ORDER. [2.] 3. The commission may hold a public hearing on any application for a certificate of confirmation if it determines that such a hearing is in the public interest. The commission shall fix the time and place for such a hearing and cause notice thereof to be given to the appli- S. 6357--B 53 A. 8557--B cant, the chief executive officer of the municipality issuing the fran- chise and such other persons as the commission may deem appropriate. Testimony may be taken and evidence received at such a hearing pursuant to such rules and procedures as the commission may establish. [3.] 4. [The commission shall issue a] A certificate of confirmation of the franchise [unless it finds that (a) the applicant, (b) the proposed cable television system, or (c) the proposed franchise does not conform to the standards established in the regulations promulgated by the commission pursuant to subdivision two of section two hundred fifteen, or that operation of the proposed cable television system by the applicant under the proposed cable television system by the appli- cant under the proposed franchise would be in violation of law, any regulation or standard promulgated by the commission or the public interest.] SHALL BE DEEMED CONFIRMED FORTY-FIVE DAYS AFTER THE FRANCHISE IS FILED PURSUANT TO SUBDIVISION ONE OF THIS SECTION UNLESS THE COMMIS- SION, OR ITS DESIGNEE, DETERMINES WITHIN SUCH FORTY-FIVE DAY PERIOD THAT THE PUBLIC INTEREST REQUIRES THE COMMISSION'S REVIEW AND WRITTEN ORDER. [4.] 5. The commission may issue a certificate of confirmation contin- gent upon compliance with standards, terms or conditions set by the commission which it determines would not have been met by the applicant, system or franchise as proposed. [5.] 6. In the event the commission refuses to issue a certificate of confirmation, it shall set forth in writing the reasons for its deci- sion. [6. Any cable television company which, pursuant to any existing fran- chise, (i) was lawfully engaged in actual operations for (ii) had commenced substantial construction (as such term is defined by the commission) of a cable television system on January first, nineteen hundred seventy-two may continue to exercise said franchise pursuant to the terms thereof, provided such company files with the commission, on or before July first, nineteen hundred seventy-three an application in such form and containing such information and supporting documentation as the commission may require. The commission shall issue a certificate of confirmation to such a cable television company valid for five years without further proceedings, which certificate may be renewed by the commission on application for five year terms pursuant to the provisions of section two hundred twenty-two. 7. Notwithstanding any other provisions of this article, any cable television company engaged in actual and lawful nonfranchised cable television operations on April first, nineteen hundred seventy-three, that applied for a certificate of confirmation on or before September first, nineteen hundred seventy-four and received a certificate, valid for a five year period, may continue to operate within the limits of the area in which it was actually rendering service on April first, nineteen hundred seventy-three, as determined by the commission. Such a certif- icate of confirmation may be renewed by the commission on application for five year terms pursuant to the provisions of section two hundred twenty-two of this article. Any such company which failed to file an application pursuant to this section on or before September first, nine- teen hundred seventy-four, shall thereafter be prohibited from continu- ing operation of a nonfranchised cable television system, provided however, that the commission may authorize such continued nonfranchised operation in extraordinary circumstances for such periods as the commis- sion may deem appropriate. 8. Nothing in this section shall be deemed to validate a franchise not granted in accordance with law or affect any claims in litigation on S. 6357--B 54 A. 8557--B January first, nineteen hundred seventy-three. No confirmation under this section shall preclude invalidation of any franchise illegally obtained. 9.] 7. Confirmation by the commission and duties performed by the commission with respect to its regulation of cable television providers under this article shall not be deemed to constitute "supervision of the state department of public service" for the purpose of the meaning of such phrase as it is used in describing those utilities which are subject to tax on a gross income basis under section one hundred eight- y-six-a of the tax law or pursuant to section twenty-b of the general city law and subdivision one of section [five hundred thirty] 5-530 of the village law. S 4. Section 222 of the public service law is REPEALED and a new section 222 is added to read as follows: S 222. RENEWAL OR AMENDMENT OF FRANCHISES. 1. EXCEPT AS PROVIDED IN THIS SECTION, NO PERSON SHALL RENEW OR AMEND A FRANCHISE RENEWAL, AND NO SUCH RENEWAL OR AMENDMENT SHALL BE EFFECTIVE, UNLESS A COPY OF SUCH RENEWAL OR AMENDMENT HAS BEEN APPROVED BY THE MUNICIPALITY, AND PROPERLY FILED WITH THE COMMISSION WITHIN THIRTY DAYS OF MUNICIPAL APPROVAL. SUCH RENEWAL OR AMENDMENT SHALL BE SUBJECT, AT A MINIMUM, TO THE FRANCHISING STANDARDS SET FORTH IN THIS ARTICLE AND THE RULES AND REGULATIONS PROMULGATED THEREUNDER BY THE COMMISSION. 2. RENEWALS AND AMENDMENTS SHALL BE DEEMED GRANTED FORTY-FIVE DAYS AFTER THE RENEWAL OR AMENDMENT IS FILED PURSUANT TO SUBDIVISION ONE OF THIS SECTION UNLESS THE COMMISSION, OR ITS DESIGNEE, DETERMINES WITHIN SUCH FORTY-FIVE DAY PERIOD THAT THE PUBLIC INTEREST REQUIRES THE COMMIS- SION'S REVIEW AND WRITTEN ORDER. S 5. The public service law is amended by adding a new section 222-a to read as follows: S 222-A. TRANSFER OF FRANCHISES AND TRANSFER OF CONTROL OVER FRAN- CHISES AND SYSTEM PROPERTIES. 1. NO TRANSFER OF ANY FRANCHISE, OR ANY TRANSFER OF CONTROL OF A FRANCHISE OR CERTIFICATE OF CONFIRMATION OR OF FACILITIES CONSTITUTING A SIGNIFICANT PART OF ANY CABLE TELEVISION SYSTEM SHALL BE EFFECTIVE WITHOUT THE PRIOR APPROVAL OF THE COMMISSION. SUCH APPROVAL SHALL BE REQUIRED IN ADDITION TO ANY MUNICIPAL APPROVAL REQUIRED UNDER THE FRANCHISE OR BY LAW. FOR THE PURPOSES OF THIS SECTION, A MERGER OR CONSOLIDATION OF TWO OR MORE CABLE TELEVISION COMPANIES SHALL BE DEEMED TO BE A TRANSFER OF THE FRANCHISES OR CERTIF- ICATES GRANTED TO SUCH COMPANIES. 2. A PERSON WISHING TO TRANSFER A FRANCHISE, OR TO TRANSFER CONTROL OF A FRANCHISE OR OF A SUBSTANTIAL PART OF THE FACILITIES THEREOF SHALL FILE WITH THE COMMISSION AN APPLICATION FOR APPROVAL OF SUCH CHANGE, IN SUCH FORM AND CONTAINING SUCH INFORMATION AND SUPPORTING DOCUMENTS AS THE COMMISSION MAY REQUIRE. THE APPLICATION SHALL BE ACCOMPANIED BY PROOF OF SERVICE THEREOF UPON THE FRANCHISOR, IF ANY, AND BY SUCH FEE AS THE COMMISSION MAY SET. THE COMMISSION MAY HOLD A PUBLIC HEARING ON ANY SUCH APPLICATION. 3. THE COMMISSION SHALL APPROVE THE APPLICATION UNLESS IT FINDS THAT THE APPLICANT, THE PROPOSED TRANSFEREE OR THE CABLE TELEVISION SYSTEM DOES NOT CONFORM TO THE STANDARDS ESTABLISHED IN THE REGULATIONS PROMUL- GATED BY THE COMMISSION PURSUANT TO THIS ARTICLE OR THAT APPROVAL WOULD BE IN VIOLATION OF LAW, ANY REGULATION OR STANDARD PROMULGATED BY THE COMMISSION OR THE PUBLIC INTEREST, PROVIDED HOWEVER, THAT A FAILURE TO CONFORM TO THE STANDARDS ESTABLISHED IN THE REGULATIONS PROMULGATED BY THE COMMISSION SHALL NOT PRECLUDE APPROVAL OF ANY SUCH APPLICATION IF THE COMMISSION FINDS THAT SUCH APPROVAL WOULD SERVE THE PUBLIC INTEREST. S. 6357--B 55 A. 8557--B 4. THE COMMISSION MAY APPROVE THE APPLICATION CONTINGENT UPON COMPLI- ANCE WITH STANDARDS, TERMS OR CONDITIONS SET BY THE COMMISSION WHICH IT DETERMINES WOULD NOT HAVE BEEN MET BY THE PROPOSED TRANSFER OF A FRAN- CHISE. 5. IN THE EVENT THE COMMISSION REFUSES TO APPROVE THE APPLICATION, IT SHALL SET FORTH IN WRITING THE REASONS FOR ITS DECISION. 6. APPROVAL OF A TRANSFER OF A FRANCHISE UNDER THIS SECTION SHALL NOT PRECLUDE INVALIDATION OF A FRANCHISE ILLEGALLY OBTAINED. S 6. This act shall take effect immediately; provided, however, that sections three, four and five of this act shall apply to franchises filed on or after the date this act shall have become a law. PART S Section 1. Paragraphs (a) and (b) of subdivision 6 of section 18-a of the public service law, paragraph (a) as amended by section 1 of part BB of chapter 59 of the laws of 2013 and paragraph (b) as amended by section 2 of part A of chapter 173 of the laws of 2013, are amended to read as follows: (a) Notwithstanding any provision of law to the contrary, and subject to the exceptions provided for in paragraph (b) of this subdivision, for the state fiscal year beginning on April first, two thousand nine and eight state fiscal years thereafter, a temporary annual assessment (hereinafter "temporary state energy and utility service conservation assessment") is hereby imposed on public utility companies [(including for the purposes of this subdivision municipalities other than munici- palities as defined in section eighty-nine-l of this chapter)], corpo- rations (including for purposes of this subdivision the Long Island power authority), and persons subject to the commission's regulation (hereinafter such public utility companies, corporations, and persons are referred to collectively as the "utility entities") to encourage the conservation of energy and other resources provided through utility entities, to be assessed in the manner provided in this subdivision; provided, however, that such assessment shall not be imposed upon (1) A telephone [corporations as defined in subdivision seventeen of section two of this article] CORPORATION, AND (2) A WATER-WORKS CORPORATION; AND PROVIDED, FURTHER, THAT SUCH ASSESSMENT SHALL NOT BE IMPOSED UPON THE GROSS OPERATING REVENUES DERIVED FROM: (I) AN ELECTRIC CUSTOMER ACCOUNT WITH A MONTHLY PEAK DEMAND OF ONE THOUSAND KILOWATTS OR MORE IN THE LAST PRECEDING CALENDAR YEAR AS DETERMINED PURSUANT TO THE UTILITY ENTITY'S TARIFF, AND (II) A GAS CUSTOMER ACCOUNT WITH AN ANNUAL CONSUMPTION IN THE LAST PRECEDING CALENDAR YEAR OF ONE HUNDRED THOUSAND DEKATHERMS OR MORE AS DETERMINED PURSUANT TO THE UTILITY ENTITY'S TARIFF. (b) The temporary state energy and utility service conservation assessment shall APPLY ONLY TO THOSE CORPORATIONS AND GROSS OPERATING REVENUES NOT EXEMPTED IN PARAGRAPH (A) OF THIS SUBDIVISION AND SHALL be based upon the following percentum of the utility entity's gross operat- ing revenues derived from intrastate utility operations in the last preceding calendar year, minus the amount, if any, that such utility entity is assessed pursuant to subdivisions one and two of this section for the corresponding state fiscal year period: (1) two percentum for the state fiscal year beginning April first, two thousand thirteen; [and] (2) 1.89 PERCENTUM FOR the state fiscal year beginning April first, two thousand fourteen; [(2) one and three-quarters] (3) 1.13 percentum for the state fiscal year beginning April first, two thousand fifteen; and [(3) one and one-half] (4) 0.83 percentum for the state S. 6357--B 56 A. 8557--B fiscal year beginning April first, two thousand sixteen. A PAYMENT FOR SUCH ASSESSMENT RECEIVED BY A UTILITY ENTITY FOR THE STATE FISCAL YEAR BEGINNING APRIL FIRST, TWO THOUSAND FOURTEEN AND THEREAFTER FOR (I) ELECTRIC CUSTOMER ACCOUNTS WITH A MONTHLY PEAK DEMAND OF ONE THOUSAND KILOWATTS OR MORE IN THE LAST PRECEDING CALENDAR YEAR AS DETERMINED PURSUANT TO THE UTILITY ENTITY'S TARIFF, AND (II) GAS CUSTOMER ACCOUNTS WITH AN ANNUAL CONSUMPTION IN THE LAST PRECEDING CALENDAR YEAR OF ONE HUNDRED THOUSAND DEKATHERMS OR MORE AS DETERMINED PURSUANT TO THE UTILI- TY ENTITY'S TARIFF, SHALL BE CREDITED TO SUCH CUSTOMER BY THE UTILITY ENTITY, NO LESS FREQUENTLY THAN SEMI-ANNUALLY AND IN SUCH MANNER AND FORM AS MAY BE DETERMINED BY THE DEPARTMENT. With respect to the tempo- rary state energy and utility service conservation assessment to be paid for the state fiscal year beginning April first, two thousand seventeen and notwithstanding clause (i) of paragraph (d) of this subdivision, on or before March tenth, two thousand seventeen, utility entities shall make a payment equal to one-half of the assessment paid by such entities pursuant to this paragraph for the state fiscal year beginning on April first, two thousand sixteen. With respect to the Long Island power authority, the temporary state energy and utility service conservation assessment shall APPLY ONLY TO THE GROSS OPERATING REVENUES NOT EXEMPTED IN PARAGRAPH (A) OF THIS SUBDIVISION AND SHALL be based upon the follow- ing percentum of such authority's gross operating revenues derived from intrastate utility operations in the last preceding calendar year, minus the amount, if any, that such authority is assessed pursuant to subdivi- sions one-a and two of this section for the corresponding state fiscal year period: (1) one percentum for the state fiscal year beginning April first, two thousand thirteen; [and] (2) 0.95 PERCENTUM FOR the state fiscal year beginning April first, two thousand fourteen; [(2) three- quarters of one] (3) 0.54 percentum for the state fiscal year beginning April first, two thousand fifteen; and [(3) one-half] (4) 0.36 percentum for the state fiscal year beginning April first, two thousand sixteen; provided, however, that should the amount assessed by the department for costs and expenses pursuant to such subdivisions equal or exceed such authority's temporary state energy and utility service conservation assessment for a particular fiscal year, the amount to be paid under this subdivision by such authority shall be zero. A PAYMENT FOR SUCH ASSESSMENT RECEIVED FOR THE STATE FISCAL YEAR BEGINNING APRIL FIRST, TWO THOUSAND FOURTEEN AND THEREAFTER FOR ELECTRIC CUSTOMER ACCOUNTS WITH A MONTHLY PEAK DEMAND OF ONE THOUSAND KILOWATTS OR MORE IN THE LAST PRECEDING CALENDAR YEAR AS DETERMINED BY THE AUTHORITY'S TARIFF SHALL BE CREDITED TO SUCH CUSTOMER BY THE AUTHORITY, NO LESS FREQUENTLY THAN SEMI-ANNUALLY AND IN SUCH MANNER AND FORM AS MAY BE DETERMINED BY THE AUTHORITY, IN CONSULTATION WITH THE DEPARTMENT. With respect to the temporary state energy and utility service conservation assessment to be paid for the state fiscal year beginning April first, two thousand seventeen and notwithstanding clause (i) of paragraph (d) of this subdi- vision, on or before March tenth, two thousand seventeen, the Long Island power authority shall make a payment equal to one-half of the assessment it paid for the state fiscal year beginning on April first, two thousand sixteen. No corporation or person subject to the jurisdic- tion of the commission only with respect to safety, or the power author- ity of the state of New York, shall be subject to the temporary state energy and utility service conservation assessment provided for under this subdivision. Utility entities whose gross operating revenues from intrastate utility operations are five hundred thousand dollars or less in the preceding calendar year shall not be subject to the temporary S. 6357--B 57 A. 8557--B state energy and utility service conservation assessment. The minimum temporary state energy and utility service conservation assessment to be billed to any utility entity whose gross revenues from intrastate utili- ty operations are in excess of five hundred thousand dollars in the preceding calendar year shall be two hundred dollars. S 2. This act shall take effect immediately and shall be deemed to have been in full force and effect on and after April 1, 2014; provided, however, that the amendments to subdivision 6 of section 18-a of the public service law made by section one of this act shall not affect the repeal of such subdivision and shall be deemed to be repealed therewith. PART T Section 1. The opening paragraph of section 5102 of the insurance law is amended and a new subsection (n) is added to read as follows: In this [chapter] ARTICLE: (N) "PROVIDER OF HEALTH SERVICES" MEANS AN INDIVIDUAL OR ENTITY WHO OR THAT RENDERS OR HAS RENDERED HEALTH SERVICES. S 2. Section 5109 of the insurance law, as added by chapter 423 of the laws of 2005, is amended to read as follows: S 5109. Unauthorized providers of health services. (a) [The super- intendent, in consultation with the commissioner of health and the commissioner of education, shall by regulation, promulgate standards and procedures for investigating and suspending or removing the authori- zation for providers of health services to demand or request payment for health services as specified in paragraph one of subsection (a) of section five thousand one hundred two of this article upon findings reached after investigation pursuant to this section. Such regulations shall ensure the same or greater due process provisions, including notice and opportunity to be heard, as those afforded physicians inves- tigated under article two of the workers' compensation law and shall include provision for notice to all providers of health services of the provisions of this section and regulations promulgated thereunder at least ninety days in advance of the effective date of such regulations] AS USED IN THIS SECTION, "HEALTH SERVICES" MEANS SERVICES, SUPPLIES, THERAPIES, OR OTHER TREATMENTS AS SPECIFIED IN SUBPARAGRAPH (I), (II), OR (IV) OF PARAGRAPH ONE OF SUBSECTION (A) OF SECTION FIVE THOUSAND ONE HUNDRED TWO OF THIS ARTICLE. (b) [The commissioner of health and the commissioner of education shall provide a list of the names of all providers of health services who the commissioner of health and the commissioner of education shall deem, after reasonable investigation, not authorized to demand or request any payment for medical services in connection with any claim under this article because such] THE SUPERINTENDENT MAY PROHIBIT A provider of health services FROM DEMANDING OR REQUESTING PAYMENT FOR HEALTH SERVICES RENDERED UNDER THIS ARTICLE, FOR A PERIOD SPECIFIED BY THE SUPERINTENDENT, IF THE SUPERINTENDENT DETERMINES, AFTER NOTICE AND HEARING, THAT THE PROVIDER OF HEALTH SERVICES: (1) has ADMITTED TO, OR been FOUND guilty of, professional [or other] misconduct [or incompetency], AS DEFINED IN THE EDUCATION LAW, in connection with [medical] HEALTH services rendered under this article; [or] (2) [has exceeded the limits of his or her professional competence in rendering medical care under this article or] has knowingly made a false statement or representation as to a material fact in any medical report S. 6357--B 58 A. 8557--B made, OR DOCUMENT SUBMITTED, in connection with any claim under this article; or (3) solicited, or [has] employed another PERSON to solicit for [himself or herself] THE PROVIDER OF HEALTH SERVICES or [for] another INDIVIDUAL OR ENTITY, professional treatment, examination or care of [an injured] A person in connection with any claim under this article; [or] (4) [has] refused to appear before, or [to] answer ANY QUESTION upon request of, the [commissioner of health, the] superintendent[,] or any duly authorized officer of [the] THIS state, [any legal question,] or REFUSED to produce any relevant information concerning [his or her] THE conduct OF THE PROVIDER OF HEALTH SERVICES in connection with [rendering medical] HEALTH services RENDERED under this article; [or] (5) [has] engaged in [patterns] A PATTERN of billing for: (A) HEALTH services [which] ALLEGED TO HAVE BEEN RENDERED UNDER THIS ARTICLE, WHEN THE HEALTH SERVICES were not [provided.] RENDERED; OR (B) UNNECESSARY HEALTH SERVICES; (6) UTILIZED UNLICENSED PERSONS TO RENDER HEALTH SERVICES UNDER THIS ARTICLE, WHEN ONLY A PERSON LICENSED IN THIS STATE MAY RENDER THE HEALTH SERVICES; (7) UTILIZED LICENSED PERSONS TO RENDER HEALTH SERVICES, WHEN RENDER- ING THE HEALTH SERVICES IS BEYOND THE AUTHORIZED SCOPE OF THE PERSON'S LICENSE; (8) DIRECTLY OR INDIRECTLY CEDED OWNERSHIP OR CONTROL OF A BUSINESS ENTITY AUTHORIZED TO PROVIDE PROFESSIONAL HEALTH SERVICES IN THIS STATE, INCLUDING A PROFESSIONAL SERVICE CORPORATION, PROFESSIONAL LIMITED LIABILITY COMPANY, OR REGISTERED LIMITED LIABILITY PARTNERSHIP, TO A PERSON NOT LICENSED TO RENDER THE HEALTH SERVICES WHICH THE ENTITY IS LEGALLY AUTHORIZED TO PROVIDE, EXCEPT WHERE THE UNLICENSED PERSON'S OWNERSHIP OR CONTROL IS OTHERWISE PERMITTED BY LAW; (9) HAS BEEN CONVICTED OF OR PLED GUILTY TO ANY CRIME OR VIOLATION OF THE PENAL LAW IN CONNECTION WITH HEALTH SERVICES RENDERED UNDER THIS ARTICLE; (10) HAS BEEN CONVICTED OF A CRIME INVOLVING FRAUDULENT OR DISHONEST PRACTICES; OR (11) VIOLATED ANY PROVISION OF THIS ARTICLE OR REGULATIONS PROMULGATED THEREUNDER. (c) [Providers] A PROVIDER of health services shall [refrain from subsequently treating for remuneration, as a private patient, any person seeking medical treatment] NOT DEMAND OR REQUEST PAYMENT FROM THE PATIENT, ANY INSURER, OR ANY OTHER PERSON FOR ANY HEALTH SERVICES under this article [if such provider pursuant to this section has been prohib- ited from demanding or requesting any payment for medical services under this article. An injured claimant so treated or examined may raise this as] THAT ARE RENDERED DURING THE TERM OF THE PROHIBITION ORDERED BY THE SUPERINTENDENT PURSUANT TO SUBSECTION (B) OF THIS SECTION. THE PROHIBI- TION ORDERED BY THE SUPERINTENDENT MAY BE a defense in any action by [such] THE provider OF HEALTH SERVICES for payment for [treatment rendered at any time after such provider has been prohibited from demanding or requesting payment for medical services in connection with any claim under this article] SUCH HEALTH SERVICES. (d) The [commissioner of health and the commissioner of education] SUPERINTENDENT shall maintain [and regularly update] a database contain- ing a list of providers of health services prohibited by this section from demanding or requesting any payment for health services [connected to a claim] RENDERED under this article and shall make [such] THE infor- S. 6357--B 59 A. 8557--B mation available to the public [by means of a website and by a toll free number]. (e) THE SUPERINTENDENT MAY LEVY A CIVIL PENALTY NOT EXCEEDING TEN THOUSAND DOLLARS FOR EACH OFFENSE ON ANY PROVIDER OF HEALTH SERVICES THAT THE SUPERINTENDENT PROHIBITS FROM DEMANDING OR REQUESTING PAYMENT FOR HEALTH SERVICES PURSUANT TO SUBSECTION (B) OF THIS SECTION. ANY CIVIL PENALTY IMPOSED FOR A FRAUDULENT INSURANCE ACT AS DEFINED IN SECTION 176.05 OF THE PENAL LAW SHALL BE LEVIED PURSUANT TO ARTICLE FOUR OF THIS CHAPTER. (F) Nothing in this section shall be construed as limiting in any respect the powers and duties of the commissioner of health, commission- er of education or the superintendent to investigate instances of misconduct by a [health care] provider [and, after a hearing and upon written notice to the provider, to temporarily prohibit a provider of health services under such investigation from demanding or requesting any payment for medical services under this article for up to ninety days from the date of such notice] OF HEALTH SERVICES AND TAKE APPROPRI- ATE ACTION PURSUANT TO ANY OTHER PROVISION OF LAW. A DETERMINATION OF THE SUPERINTENDENT PURSUANT TO SUBSECTION (B) OF THIS SECTION SHALL NOT BE BINDING UPON THE COMMISSIONER OF HEALTH OR COMMISSIONER OF EDUCATION IN A PROFESSIONAL DISCIPLINE PROCEEDING RELATING TO THE SAME CONDUCT. S 3. Paragraph 1 of subsection (a) of section 308 of the insurance law, as amended by chapter 499 of the laws of 2009, is amended to read as follows: (1) The superintendent may also address to any health maintenance organization, life settlement provider, life settlement intermediary or its officers, ANY PROVIDER OF HEALTH SERVICES WHO DEMANDS OR REQUESTS PAYMENT FOR HEALTH SERVICES RENDERED UNDER ARTICLE FIFTY-ONE OF THIS CHAPTER, or any authorized insurer or rate service organization, or officers thereof, any inquiry in relation to its transactions or condi- tion or any matter connected therewith. Every corporation or person so addressed shall reply in writing to such inquiry promptly and truthful- ly, and such reply shall be, if required by the superintendent, subscribed by such individual, or by such officer or officers of a corporation, as the superintendent shall designate, and affirmed by them as true under the penalties of perjury. S 4. The insurance law is amended by adding a new section 5110 to read as follows: S 5110. EXAMINATIONS OF PROVIDERS OF HEALTH SERVICES; WHEN AUTHORIZED OR REQUIRED. (A) THE SUPERINTENDENT MAY MAKE AN EXAMINATION, INCLUDING AN AUDIT OR UNANNOUNCED INSPECTION, INTO THE AFFAIRS OF ANY PROVIDER OF HEALTH SERVICES THAT DEMANDS OR REQUESTS PAYMENT FOR HEALTH SERVICES RENDERED UNDER THIS ARTICLE AS OFTEN AS THE SUPERINTENDENT DEEMS IT EXPEDIENT FOR THE PROTECTION OF THE INTERESTS OF THE PEOPLE OF THIS STATE. AS USED IN THIS SECTION, "HEALTH SERVICES" MEANS SERVICES, SUPPLIES, THERAPIES, OR OTHER TREATMENTS AS SPECIFIED IN SUBPARAGRAPH (I), (II), OR (IV) OF PARAGRAPH ONE OF SUBSECTION (A) OF SECTION FIVE THOUSAND ONE HUNDRED TWO OF THIS ARTICLE. (B)(1) WHENEVER THE SUPERINTENDENT SHALL DETERMINE TO EXAMINE THE AFFAIRS OF ANY PROVIDER OF HEALTH SERVICES, THE SUPERINTENDENT SHALL MAKE AN ORDER INDICATING THE SCOPE OF THE EXAMINATION AND MAY APPOINT AS EXAMINERS ONE OR MORE PERSONS NOT EMPLOYED BY ANY PROVIDER OF HEALTH SERVICES OR INSURER OR INTERESTED IN ANY PROVIDER OF HEALTH SERVICES OR INSURER, EXCEPT AS A POLICYHOLDER. A COPY OF SUCH ORDER SHALL UPON DEMAND BE EXHIBITED TO THE PROVIDER OF HEALTH SERVICES WHOSE AFFAIRS ARE TO BE EXAMINED BEFORE THE EXAMINATION BEGINS. S. 6357--B 60 A. 8557--B (2) ANY EXAMINER AUTHORIZED BY THE SUPERINTENDENT SHALL BE GIVEN CONVENIENT ACCESS AT ALL REASONABLE HOURS TO THE BOOKS, RECORDS, FILES, SECURITIES AND OTHER DOCUMENTS OF SUCH PROVIDER OF HEALTH SERVICES THAT ARE RELEVANT TO THE EXAMINATION, AND SHALL HAVE POWER TO ADMINISTER OATHS AND TO EXAMINE UNDER OATH ANY OFFICER OR AGENT OF SUCH PROVIDER OF HEALTH SERVICES, AND ANY OTHER PERSON HAVING CUSTODY OR CONTROL OF SUCH DOCUMENTS, REGARDING ANY MATTER RELEVANT TO THE EXAMINATION. (3) THE OFFICERS AND AGENTS OF SUCH PROVIDER OF HEALTH SERVICES SHALL FACILITATE SUCH EXAMINATION AND AID SUCH EXAMINERS IN CONDUCTING THE SAME SO FAR AS IT IS IN THEIR POWER TO DO SO. (4) THE REFUSAL OF ANY PROVIDER OF HEALTH SERVICES TO SUBMIT TO EXAM- INATION SHALL BE GROUNDS FOR THE SUPERINTENDENT PROHIBITING THE PROVIDER OF HEALTH SERVICES FROM DEMANDING OR REQUESTING PAYMENT FOR HEALTH SERVICES RENDERED UNDER THIS ARTICLE PURSUANT TO SECTION FIVE THOUSAND ONE HUNDRED NINE OF THIS ARTICLE. (5) AN EXAMINATION SHALL BE CONDUCTED CONSISTENT WITH ALL APPLICABLE STATE AND FEDERAL PRIVACY LAWS. (6) THIS SECTION SHALL NOT APPLY TO A GENERAL HOSPITAL, AS DEFINED IN SUBDIVISION TEN OF SECTION TWO THOUSAND EIGHT HUNDRED ONE OF THE PUBLIC HEALTH LAW, OR A PROVIDER OF HEALTH SERVICES THAT SUBMITTED LESS THAN FIFTY CLAIMS IN THE PRIOR CALENDAR YEAR FOR HEALTH SERVICES RENDERED UNDER THIS ARTICLE. S 5. This act shall take effect immediately; provided, however, that sections one and two of this act shall take effect on the sixtieth day after it shall have become a law. PART U Section 1. Paragraphs 11, 12, 13, 14, 16 and 17 of subsection (a) of section 3217-a of the insurance law, as added by chapter 705 of the laws of 1996, are amended and four new paragraphs 16-a, 18, 19 and 20 are added to read as follows: (11) where applicable, notice that an insured enrolled in a managed care product OR IN A COMPREHENSIVE POLICY THAT UTILIZES A NETWORK OF PROVIDERS offered by the insurer may obtain a referral [to] OR PREAU- THORIZATION FOR a health care provider outside of the insurer's network or panel when the insurer does not have a health care provider [with] WHO IS GEOGRAPHICALLY ACCESSIBLE TO THE INSURED AND WHO HAS THE appro- priate ESSENTIAL LEVEL OF training and experience in the network or panel to meet the particular health care needs of the insured and the procedure by which the insured can obtain such referral OR PREAUTHORI- ZATION; (12) where applicable, notice that an insured enrolled in a managed care product OR A COMPREHENSIVE POLICY THAT UTILIZES A NETWORK OF PROVIDERS offered by the insurer with a condition which requires ongoing care from a specialist may request a standing referral to such a specialist and the procedure for requesting and obtaining such a stand- ing referral; (13) where applicable, notice that an insured enrolled in a managed care product OR A COMPREHENSIVE POLICY THAT UTILIZES A NETWORK OF PROVIDERS offered by the insurer with [(i)] (A) a life-threatening condition or disease, or [(ii)] (B) a degenerative and disabling condi- tion or disease, either of which requires specialized medical care over a prolonged period of time may request a specialist responsible for providing or coordinating the insured's medical care and the procedure for requesting and obtaining such a specialist; S. 6357--B 61 A. 8557--B (14) where applicable, notice that an insured enrolled in a managed care product OR A COMPREHENSIVE POLICY THAT UTILIZES A NETWORK OF PROVIDERS offered by the insurer with [(i)] (A) a life-threatening condition or disease, or [(ii)] (B) a degenerative and disabling condi- tion or disease, either of which requires specialized medical care over a prolonged period of time, may request access to a specialty care center and the procedure by which such access may be obtained; (16) notice of all appropriate mailing addresses and telephone numbers to be utilized by insureds seeking information or authorization; [and] (16-A) WHERE APPLICABLE, NOTICE THAT AN INSURED SHALL HAVE DIRECT ACCESS TO PRIMARY AND PREVENTIVE OBSTETRIC AND GYNECOLOGIC SERVICES, INCLUDING ANNUAL EXAMINATIONS, CARE RESULTING FROM SUCH ANNUAL EXAMINA- TIONS, AND TREATMENT OF ACUTE GYNECOLOGIC CONDITIONS, FROM A QUALIFIED PROVIDER OF SUCH SERVICES OF HER CHOICE FROM WITHIN THE PLAN OR FOR ANY CARE RELATED TO A PREGNANCY; (17) where applicable, a listing by specialty, which may be in a sepa- rate document that is updated annually, of the name, address, and tele- phone number of all participating providers, including facilities, and in addition, in the case of physicians, board certification[.], LANGUAGES SPOKEN AND ANY AFFILIATIONS WITH PARTICIPATING HOSPITALS. THE LISTING SHALL ALSO BE POSTED ON THE INSURER'S WEBSITE AND THE INSURER SHALL UPDATE THE WEBSITE WITHIN FIFTEEN DAYS OF THE ADDITION OR TERMI- NATION OF A PROVIDER FROM THE INSURER'S NETWORK OR A CHANGE IN A PHYSI- CIAN'S HOSPITAL AFFILIATION; (18) A DESCRIPTION OF THE METHOD BY WHICH AN INSURED MAY SUBMIT A CLAIM FOR HEALTH CARE SERVICES; (19) WHERE APPLICABLE, WITH RESPECT TO OUT-OF-NETWORK COVERAGE: (A) A CLEAR DESCRIPTION OF THE METHODOLOGY USED BY THE INSURER TO DETERMINE REIMBURSEMENT FOR OUT-OF-NETWORK HEALTH CARE SERVICES; (B) A DESCRIPTION OF THE AMOUNT THAT THE INSURER WILL REIMBURSE UNDER THE METHODOLOGY FOR OUT-OF-NETWORK HEALTH CARE SERVICES SET FORTH AS A PERCENTAGE OF THE USUAL AND CUSTOMARY COST FOR OUT-OF-NETWORK HEALTH CARE SERVICES; AND (C) EXAMPLES OF ANTICIPATED OUT-OF-POCKET COSTS FOR FREQUENTLY BILLED OUT-OF-NETWORK HEALTH CARE SERVICES; AND (20) INFORMATION IN WRITING AND THROUGH AN INTERNET WEBSITE THAT REASONABLY PERMITS AN INSURED OR PROSPECTIVE INSURED TO DETERMINE THE ANTICIPATED OUT-OF-POCKET COST FOR OUT-OF-NETWORK HEALTH CARE SERVICES IN A GEOGRAPHICAL AREA OR ZIP CODE BASED UPON THE DIFFERENCE BETWEEN WHAT THE INSURER WILL REIMBURSE FOR OUT-OF-NETWORK HEALTH CARE SERVICES AND THE USUAL AND CUSTOMARY COST FOR OUT-OF-NETWORK HEALTH CARE SERVICES. S 2. Paragraphs 11 and 12 of subsection (b) of section 3217-a of the insurance law, as added by chapter 705 of the laws of 1996, are amended and two new paragraphs 13 and 14 are added to read as follows: (11) where applicable, provide the written application procedures and minimum qualification requirements for health care providers to be considered by the insurer for participation in the insurer's network for a managed care product; [and] (12) disclose such other information as required by the superinten- dent, provided that such requirements are promulgated pursuant to the state administrative procedure act[.]; (13) DISCLOSE WHETHER A HEALTH CARE PROVIDER SCHEDULED TO PROVIDE A HEALTH CARE SERVICE IS AN IN-NETWORK PROVIDER; AND S. 6357--B 62 A. 8557--B (14) WHERE APPLICABLE, WITH RESPECT TO OUT-OF-NETWORK COVERAGE, DISCLOSE THE DOLLAR AMOUNT THAT THE INSURER WILL PAY FOR A SPECIFIC OUT-OF-NETWORK HEALTH CARE SERVICE. S 3. Section 3217-a of the insurance law is amended by adding a new subsection (f) to read as follows: (F) FOR PURPOSES OF THIS SECTION, "USUAL AND CUSTOMARY COST" SHALL MEAN THE EIGHTIETH PERCENTILE OF ALL CHARGES FOR THE PARTICULAR HEALTH CARE SERVICE PERFORMED BY A PROVIDER IN THE SAME OR SIMILAR SPECIALTY AND PROVIDED IN THE SAME GEOGRAPHICAL AREA AS REPORTED IN A BENCHMARKING DATABASE MAINTAINED BY A NONPROFIT ORGANIZATION SPECIFIED BY THE SUPER- INTENDENT. THE NONPROFIT ORGANIZATION SHALL NOT BE AFFILIATED WITH AN INSURER, A CORPORATION SUBJECT TO ARTICLE FORTY-THREE OF THIS CHAPTER, A MUNICIPAL COOPERATIVE HEALTH BENEFIT PLAN CERTIFIED PURSUANT TO ARTICLE FORTY-SEVEN OF THIS CHAPTER, OR A HEALTH MAINTENANCE ORGANIZATION CERTI- FIED PURSUANT TO ARTICLE FORTY-FOUR OF THE PUBLIC HEALTH LAW. S 4. Section 3217-d of the insurance law is amended by adding a new subsection (d) to read as follows: (D) AN INSURER THAT ISSUES A COMPREHENSIVE POLICY THAT UTILIZES A NETWORK OF PROVIDERS AND IS NOT A MANAGED CARE HEALTH INSURANCE CONTRACT AS DEFINED IN SUBSECTION (C) OF SECTION FOUR THOUSAND EIGHT HUNDRED ONE OF THIS CHAPTER, SHALL PROVIDE ACCESS TO OUT-OF-NETWORK SERVICES CONSISTENT WITH THE REQUIREMENTS OF SUBSECTION (A) OF SECTION FOUR THOU- SAND EIGHT HUNDRED FOUR OF THIS CHAPTER, SUBSECTIONS (G-6) AND (G-7) OF SECTION FOUR THOUSAND NINE HUNDRED OF THIS CHAPTER, SUBSECTIONS (A-1) AND (A-2) OF SECTION FOUR THOUSAND NINE HUNDRED FOUR OF THIS CHAPTER, PARAGRAPHS THREE AND FOUR OF SUBSECTION (B) OF SECTION FOUR THOUSAND NINE HUNDRED TEN OF THIS CHAPTER, AND SUBPARAGRAPHS (C) AND (D) OF PARA- GRAPH FOUR OF SUBSECTION (B) OF SECTION FOUR THOUSAND NINE HUNDRED FOUR- TEEN OF THIS CHAPTER. S 5. Section 3224-a of the insurance law is amended by adding a new subsection (j) to read as follows: (J) AN INSURER OR AN ORGANIZATION OR CORPORATION LICENSED OR CERTIFIED PURSUANT TO ARTICLE FORTY-THREE OR FORTY-SEVEN OF THIS CHAPTER OR ARTI- CLE FORTY-FOUR OF THE PUBLIC HEALTH LAW OR A STUDENT HEALTH PLAN ESTAB- LISHED OR MAINTAINED PURSUANT TO SECTION ONE THOUSAND ONE HUNDRED TWEN- TY-FOUR OF THIS CHAPTER SHALL ACCEPT CLAIMS SUBMITTED BY A POLICYHOLDER OR COVERED PERSON, IN WRITING, INCLUDING THROUGH THE INTERNET, BY ELEC- TRONIC MAIL OR BY FACSIMILE. S 6. The insurance law is amended by adding a new section 3241 to read as follows: S 3241. NETWORK COVERAGE. (A) AN INSURER, A CORPORATION ORGANIZED PURSUANT TO ARTICLE FORTY-THREE OF THIS CHAPTER, A MUNICIPAL COOPERATIVE HEALTH BENEFIT PLAN CERTIFIED PURSUANT TO ARTICLE FORTY-SEVEN OF THIS CHAPTER, OR A STUDENT HEALTH PLAN ESTABLISHED OR MAINTAINED PURSUANT TO SECTION ONE THOUSAND ONE HUNDRED TWENTY-FOUR OF THIS CHAPTER, THAT ISSUES A HEALTH INSURANCE POLICY OR CONTRACT WITH A NETWORK OF HEALTH CARE PROVIDERS SHALL ENSURE THAT THE NETWORK IS ADEQUATE TO MEET THE HEALTH NEEDS OF INSUREDS AND PROVIDE AN APPROPRIATE CHOICE OF PROVIDERS SUFFICIENT TO RENDER THE SERVICES COVERED UNDER THE POLICY OR CONTRACT. THE SUPERINTENDENT SHALL REVIEW THE NETWORK OF HEALTH CARE PROVIDERS FOR ADEQUACY AT THE TIME OF THE SUPERINTENDENT'S INITIAL APPROVAL OF A HEALTH INSURANCE POLICY OR CONTRACT; AT LEAST EVERY THREE YEARS THERE- AFTER; AND UPON APPLICATION FOR EXPANSION OF ANY SERVICE AREA ASSOCIATED WITH THE POLICY OR CONTRACT IN CONFORMANCE WITH THE STANDARDS SET FORTH IN SUBDIVISION FIVE OF SECTION FOUR THOUSAND FOUR HUNDRED THREE OF THE PUBLIC HEALTH LAW. TO THE EXTENT THAT THE NETWORK HAS BEEN DETERMINED S. 6357--B 63 A. 8557--B BY THE COMMISSIONER OF HEALTH TO MEET THE STANDARDS SET FORTH IN SUBDI- VISION FIVE OF SECTION FOUR THOUSAND FOUR HUNDRED THREE OF THE PUBLIC HEALTH LAW, SUCH NETWORK SHALL BE DEEMED ADEQUATE BY THE SUPERINTENDENT. (B)(1) AN INSURER, A CORPORATION ORGANIZED PURSUANT TO ARTICLE FORTY- THREE OF THIS CHAPTER, A MUNICIPAL COOPERATIVE HEALTH BENEFIT PLAN CERTIFIED PURSUANT TO ARTICLE FORTY-SEVEN OF THIS CHAPTER, A HEALTH MAINTENANCE ORGANIZATION CERTIFIED PURSUANT TO ARTICLE FORTY-FOUR OF THE PUBLIC HEALTH LAW OR A STUDENT HEALTH PLAN ESTABLISHED OR MAINTAINED PURSUANT TO SECTION ONE THOUSAND ONE HUNDRED TWENTY-FOUR OF THIS CHAP- TER, THAT ISSUES A COMPREHENSIVE GROUP OR GROUP REMITTANCE HEALTH INSUR- ANCE POLICY OR CONTRACT THAT COVERS OUT-OF-NETWORK HEALTH CARE SERVICES SHALL MAKE AVAILABLE AND, IF REQUESTED BY THE POLICYHOLDER OR CONTRACT- HOLDER, PROVIDE COVERAGE FOR AT LEAST SEVENTY PERCENT OF THE USUAL AND CUSTOMARY COST OF EACH OUT-OF-NETWORK HEALTH CARE SERVICE AFTER IMPOSI- TION OF A DEDUCTIBLE OR ANY PERMISSIBLE BENEFIT MAXIMUM. (2) FOR THE PURPOSES OF THIS SUBSECTION, "USUAL AND CUSTOMARY COST" SHALL MEAN THE EIGHTIETH PERCENTILE OF ALL CHARGES FOR THE PARTICULAR HEALTH CARE SERVICE PERFORMED BY A PROVIDER IN THE SAME OR SIMILAR SPECIALTY AND PROVIDED IN THE SAME GEOGRAPHICAL AREA AS REPORTED IN A BENCHMARKING DATABASE MAINTAINED BY A NONPROFIT ORGANIZATION SPECIFIED BY THE SUPERINTENDENT. THE NONPROFIT ORGANIZATION SHALL NOT BE AFFIL- IATED WITH AN INSURER, A CORPORATION SUBJECT TO ARTICLE FORTY-THREE OF THIS CHAPTER, A MUNICIPAL COOPERATIVE HEALTH BENEFIT PLAN CERTIFIED PURSUANT TO ARTICLE FORTY-SEVEN OF THIS CHAPTER, A HEALTH MAINTENANCE ORGANIZATION CERTIFIED PURSUANT TO ARTICLE FORTY-FOUR OF THE PUBLIC HEALTH LAW OR A STUDENT HEALTH PLAN ESTABLISHED OR MAINTAINED PURSUANT TO SECTION ONE THOUSAND ONE HUNDRED TWENTY-FOUR OF THIS CHAPTER. (3) THIS SUBSECTION SHALL NOT APPLY TO EMERGENCY CARE SERVICES IN HOSPITAL FACILITIES OR PREHOSPITAL EMERGENCY MEDICAL SERVICES AS DEFINED IN CLAUSE (I) OF SUBPARAGRAPH (E) OF PARAGRAPH TWENTY-FOUR OF SUBSECTION (I) OF SECTION THREE THOUSAND TWO HUNDRED SIXTEEN OF THIS ARTICLE, OR CLAUSE (I) OF SUBPARAGRAPH (E) OF PARAGRAPH FIFTEEN OF SUBSECTION (L) OF SECTION THREE THOUSAND TWO HUNDRED TWENTY-ONE OF THIS CHAPTER, OR SUBPARAGRAPH (A) OF PARAGRAPH FIVE OF SUBSECTION (AA) OF SECTION FOUR THOUSAND THREE HUNDRED THREE OF THIS CHAPTER. (4) NOTHING IN THIS SUBSECTION SHALL LIMIT THE SUPERINTENDENT'S AUTHORITY PURSUANT TO SECTION THREE THOUSAND TWO HUNDRED SEVENTEEN OF THIS ARTICLE TO ESTABLISH MINIMUM STANDARDS FOR THE FORM, CONTENT AND SALE OF ACCIDENT AND HEALTH INSURANCE POLICIES AND SUBSCRIBER CONTRACTS, TO REQUIRE ADDITIONAL COVERAGE OPTIONS FOR OUT-OF-NETWORK SERVICES, OR TO PROVIDE FOR STANDARDIZATION AND SIMPLIFICATION OF COVERAGE. (C) WHEN AN INSURED OR ENROLLEE UNDER A CONTRACT OR POLICY THAT PROVIDES COVERAGE FOR EMERGENCY SERVICES RECEIVES THE SERVICES FROM A HEALTH CARE PROVIDER THAT DOES NOT PARTICIPATE IN THE PROVIDER NETWORK OF AN INSURER, A CORPORATION ORGANIZED PURSUANT TO ARTICLE FORTY-THREE OF THIS CHAPTER, A MUNICIPAL COOPERATIVE HEALTH BENEFIT PLAN CERTIFIED PURSUANT TO ARTICLE FORTY-SEVEN OF THIS CHAPTER, A HEALTH MAINTENANCE ORGANIZATION CERTIFIED PURSUANT TO ARTICLE FORTY-FOUR OF THE PUBLIC HEALTH LAW, OR A STUDENT HEALTH PLAN ESTABLISHED OR MAINTAINED PURSUANT TO SECTION ONE THOUSAND ONE HUNDRED TWENTY-FOUR OF THIS CHAPTER ("HEALTH CARE PLAN"), THE HEALTH CARE PLAN SHALL ENSURE THAT THE INSURED OR ENROLLEE SHALL INCUR NO GREATER OUT-OF-POCKET COSTS FOR THE EMERGENCY SERVICES THAN THE INSURED OR ENROLLEE WOULD HAVE INCURRED WITH A HEALTH CARE PROVIDER THAT PARTICIPATES IN THE HEALTH CARE PLAN'S PROVIDER NETWORK. FOR THE PURPOSE OF THIS SECTION, "EMERGENCY SERVICES" SHALL HAVE THE MEANING SET FORTH IN SUBPARAGRAPH (D) OF PARAGRAPH NINE OF S. 6357--B 64 A. 8557--B SUBSECTION (I) OF SECTION THREE THOUSAND TWO HUNDRED SIXTEEN OF THIS ARTICLE, SUBPARAGRAPH (D) OF PARAGRAPH FOUR OF SUBSECTION (K) OF SECTION THREE THOUSAND TWO HUNDRED TWENTY-ONE OF THIS ARTICLE, AND SUBPARAGRAPH (D) OF PARAGRAPH TWO OF SUBSECTION (A) OF SECTION FOUR THOUSAND THREE HUNDRED THREE OF THIS CHAPTER. S 7. Section 4306-c of the insurance law is amended by adding a new subsection (d) to read as follows: (D) A CORPORATION, INCLUDING A MUNICIPAL COOPERATIVE HEALTH BENEFIT PLAN CERTIFIED PURSUANT TO ARTICLE FORTY-SEVEN OF THIS CHAPTER AND A STUDENT HEALTH PLAN ESTABLISHED OR MAINTAINED PURSUANT TO SECTION ONE THOUSAND ONE HUNDRED TWENTY-FOUR OF THIS CHAPTER, THAT ISSUES A COMPRE- HENSIVE POLICY THAT UTILIZES A NETWORK OF PROVIDERS AND IS NOT A MANAGED CARE HEALTH INSURANCE CONTRACT AS DEFINED IN SUBSECTION (C) OF SECTION FOUR THOUSAND EIGHT HUNDRED ONE OF THIS CHAPTER, SHALL PROVIDE ACCESS TO OUT-OF-NETWORK SERVICES CONSISTENT WITH THE REQUIREMENTS OF SUBSECTION (A) OF SECTION FOUR THOUSAND EIGHT HUNDRED FOUR OF THIS CHAPTER, SUBSECTIONS (G-6) AND (G-7) OF SECTION FOUR THOUSAND NINE HUNDRED OF THIS CHAPTER, SUBSECTIONS (A-1) AND (A-2) OF SECTION FOUR THOUSAND NINE HUNDRED FOUR OF THIS CHAPTER, PARAGRAPHS THREE AND FOUR OF SUBSECTION (B) OF SECTION FOUR THOUSAND NINE HUNDRED TEN OF THIS CHAPTER, AND SUBPARAGRAPHS (C) AND (D) OF PARAGRAPH FOUR OF SUBSECTION (B) OF SECTION FOUR THOUSAND NINE HUNDRED FOURTEEN OF THIS CHAPTER. S 8. Paragraphs 11, 12, 13, 14, 16-a, 17, and 18 of subsection (a) of section 4324 of the insurance law, paragraphs 11, 12, 13, 14, 17 and 18 as added by chapter 705 of the laws of 1996, paragraph 16-a as added by chapter 554 of the laws of 2002, are amended and three new paragraphs 19, 20 and 21 are added to read as follows: (11) where applicable, notice that a subscriber enrolled in a managed care product OR IN A COMPREHENSIVE CONTRACT THAT UTILIZES A NETWORK OF PROVIDERS offered by the corporation may obtain a referral [to] OR PREAUTHORIZATION FOR a health care provider outside of the corporation's network or panel when the corporation does not have a health care provider [with] WHO IS GEOGRAPHICALLY ACCESSIBLE TO THE INSURED AND WHO HAS THE appropriate ESSENTIAL LEVEL OF training and experience in the network or panel to meet the particular health care needs of the subscriber and the procedure by which the subscriber can obtain such referral OR PREAUTHORIZATION; (12) where applicable, notice that a subscriber enrolled in a managed care product OR A COMPREHENSIVE CONTRACT THAT UTILIZES A NETWORK OF PROVIDERS offered by the corporation with a condition which requires ongoing care from a specialist may request a standing referral to such a specialist and the procedure for requesting and obtaining such a stand- ing referral; (13) where applicable, notice that a subscriber enrolled in a managed care product OR A COMPREHENSIVE CONTRACT THAT UTILIZES A NETWORK OF PROVIDERS offered by the corporation with (i) a life-threatening condi- tion or disease, or (ii) a degenerative and disabling condition or disease, either of which requires specialized medical care over a prolonged period of time may request a specialist responsible for providing or coordinating the subscriber's medical care and the proce- dure for requesting and obtaining such a specialist; (14) where applicable, notice that a subscriber enrolled in a managed care product OR A COMPREHENSIVE CONTRACT THAT UTILIZES A NETWORK OF PROVIDERS offered by the corporation with [(i)] (A) a life-threatening condition or disease, or [(ii)] (B) a degenerative and disabling condi- tion or disease, either of which requires specialized medical care over S. 6357--B 65 A. 8557--B a prolonged period of time may request access to a specialty care center and the procedure by which such access may be obtained; (16-a) where applicable, notice that an enrollee shall have direct access to primary and preventive obstetric and gynecologic services, INCLUDING ANNUAL EXAMINATIONS, CARE RESULTING FROM SUCH ANNUAL EXAMINA- TIONS, AND TREATMENT OF ACUTE GYNECOLOGIC CONDITIONS, from a qualified provider of such services of her choice from within the plan [for no fewer than two examinations annually for such services] or [to] FOR any care related to A pregnancy [and that additionally, the enrollee shall have direct access to primary and preventive obstetric and gynecologic services required as a result of such annual examinations or as a result of an acute gynecologic condition]; (17) where applicable, a listing by specialty, which may be in a sepa- rate document that is updated annually, of the name, address, and tele- phone number of all participating providers, including facilities, and in addition, in the case of physicians, board certification[; and], LANGUAGES SPOKEN AND ANY AFFILIATIONS WITH PARTICIPATING HOSPITALS. THE LISTING SHALL ALSO BE POSTED ON THE CORPORATION'S WEBSITE AND THE CORPO- RATION SHALL UPDATE THE WEBSITE WITHIN FIFTEEN DAYS OF THE ADDITION OR TERMINATION OF A PROVIDER FROM THE CORPORATION'S NETWORK OR A CHANGE IN A PHYSICIAN'S HOSPITAL AFFILIATION; (18) a description of the mechanisms by which subscribers may partic- ipate in the development of the policies of the corporation[.]; (19) A DESCRIPTION OF THE METHOD BY WHICH A SUBSCRIBER MAY SUBMIT A CLAIM FOR HEALTH CARE SERVICES; (20) WHERE APPLICABLE, WITH RESPECT TO OUT-OF-NETWORK COVERAGE: (A) A CLEAR DESCRIPTION OF THE METHODOLOGY USED BY THE CORPORATION TO DETERMINE REIMBURSEMENT FOR OUT-OF-NETWORK HEALTH CARE SERVICES; (B) A DESCRIPTION OF THE AMOUNT THAT THE CORPORATION WILL REIMBURSE UNDER THE METHODOLOGY FOR OUT-OF-NETWORK HEALTH CARE SERVICES SET FORTH AS A PERCENTAGE OF THE USUAL AND CUSTOMARY COST FOR OUT-OF-NETWORK HEALTH CARE SERVICES; AND (C) EXAMPLES OF ANTICIPATED OUT-OF-POCKET COSTS FOR FREQUENTLY BILLED OUT-OF-NETWORK HEALTH CARE SERVICES; AND (21) INFORMATION IN WRITING AND THROUGH AN INTERNET WEBSITE THAT REASONABLY PERMITS A SUBSCRIBER OR PROSPECTIVE SUBSCRIBER TO DETERMINE THE ANTICIPATED OUT-OF-POCKET COST FOR OUT-OF-NETWORK HEALTH CARE SERVICES IN A GEOGRAPHICAL AREA OR ZIP CODE BASED UPON THE DIFFERENCE BETWEEN WHAT THE CORPORATION WILL REIMBURSE FOR OUT-OF-NETWORK HEALTH CARE SERVICES AND THE USUAL AND CUSTOMARY COST FOR OUT-OF-NETWORK HEALTH CARE SERVICES. S 9. Paragraphs 11 and 12 of subsection (b) of section 4324 of the insurance law, as added by chapter 705 of the laws of 1996, are amended and two new paragraphs 13 and 14 are added to read as follows: (11) where applicable, provide the written application procedures and minimum qualification requirements for health care providers to be considered by the corporation for participation in the corporation's network for a managed care product; [and] (12) disclose such other information as required by the superinten- dent, provided that such requirements are promulgated pursuant to the state administrative procedure act[.]; (13) DISCLOSE WHETHER A HEALTH CARE PROVIDER SCHEDULED TO PROVIDE A HEALTH CARE SERVICE IS AN IN-NETWORK PROVIDER; AND (14) WHERE APPLICABLE, WITH RESPECT TO OUT-OF-NETWORK COVERAGE, DISCLOSE THE DOLLAR AMOUNT THAT THE CORPORATION WILL PAY FOR A SPECIFIC OUT-OF-NETWORK HEALTH CARE SERVICE. S. 6357--B 66 A. 8557--B S 10. Section 4324 of the insurance law is amended by adding a new subsection (f) to read as follows: (F) FOR PURPOSES OF THIS SECTION, "USUAL AND CUSTOMARY COST" SHALL MEAN THE EIGHTIETH PERCENTILE OF ALL CHARGES FOR THE PARTICULAR HEALTH CARE SERVICE PERFORMED BY A PROVIDER IN THE SAME OR SIMILAR SPECIALTY AND PROVIDED IN THE SAME GEOGRAPHICAL AREA AS REPORTED IN A BENCHMARKING DATABASE MAINTAINED BY A NONPROFIT ORGANIZATION SPECIFIED BY THE SUPER- INTENDENT. THE NONPROFIT ORGANIZATION SHALL NOT BE AFFILIATED WITH AN INSURER, A CORPORATION SUBJECT TO THIS ARTICLE, A MUNICIPAL COOPERATIVE HEALTH BENEFIT PLAN CERTIFIED PURSUANT TO ARTICLE FORTY-SEVEN OF THIS CHAPTER, OR A HEALTH MAINTENANCE ORGANIZATION CERTIFIED PURSUANT TO ARTICLE FORTY-FOUR OF THE PUBLIC HEALTH LAW. S 10-a. Subsection (a) of section 4804 of the insurance law, as added by chapter 705 of the laws of 1996, is amended to read as follows: (a) If an insurer offering a managed care product determines that it does not have a health care provider in the in-network benefits portion of its network with appropriate training and experience to meet the particular health care needs of an insured, the insurer shall make a referral to an appropriate provider, pursuant to a treatment plan approved by the insurer in consultation with the primary care provider, the non-participating provider and the insured or the insured's desig- nee, at no additional cost to the insured beyond what the insured would otherwise pay for services received within the network. NOTHING IN THIS SUBSECTION SHALL BE CONSTRUED TO ENTITLE AN INSURED TO A REFERRAL TO THE INSURED'S PREFERRED PROVIDER, WHERE THAT PROVIDER IS OUT-OF-NETWORK. THE PROVISIONS OF THIS SUBSECTION SHALL ONLY APPLY IF THERE IS NO IN-NETWORK PROVIDER GEOGRAPHICALLY ACCESSIBLE TO THE INSURED WHO HAS THE APPROPRIATE ESSENTIAL LEVEL OF TRAINING AND EXPERIENCE TO MEET THE PARTICULAR NEEDS OF THE INSURED. S 11. Subsection (g-7) of section 4900 of the insurance law is redes- ignated subsection (g-8) and a new subsection (g-7) is added to read as follows: (G-7) "OUT-OF-NETWORK REFERRAL DENIAL" MEANS A DENIAL UNDER A MANAGED CARE PRODUCT AS DEFINED IN SUBSECTION (C) OF SECTION FOUR THOUSAND EIGHT HUNDRED ONE OF THIS CHAPTER OF A REQUEST FOR AN AUTHORIZATION OR REFER- RAL TO AN OUT-OF-NETWORK PROVIDER ON THE BASIS THAT THE HEALTH CARE PLAN HAS A HEALTH CARE PROVIDER IN THE IN-NETWORK BENEFITS PORTION OF ITS NETWORK WITH APPROPRIATE TRAINING AND EXPERIENCE TO MEET THE PARTICULAR HEALTH CARE NEEDS OF AN INSURED, AND WHO IS ABLE TO PROVIDE THE REQUESTED HEALTH SERVICE. THE NOTICE OF AN OUT-OF-NETWORK REFERRAL DENIAL PROVIDED TO AN INSURED SHALL INCLUDE INFORMATION EXPLAINING WHAT INFORMATION THE INSURED MUST SUBMIT IN ORDER TO APPEAL THE OUT-OF-NET- WORK REFERRAL DENIAL PURSUANT TO SUBSECTION (A-2) OF SECTION FOUR THOU- SAND NINE HUNDRED FOUR OF THIS ARTICLE. AN OUT-OF-NETWORK REFERRAL DENIAL UNDER THIS SUBSECTION DOES NOT CONSTITUTE AN ADVERSE DETERMI- NATION AS DEFINED IN THIS ARTICLE. AN OUT-OF-NETWORK REFERRAL DENIAL SHALL NOT BE CONSTRUED TO INCLUDE AN OUT-OF-NETWORK DENIAL AS DEFINED IN SUBSECTION (G-6) OF THIS SECTION. S 12. Subsection (b) of section 4903 of the insurance law, as amended by chapter 514 of the laws of 2013, is amended to read as follows: (b) A utilization review agent shall make a utilization review deter- mination involving health care services which require pre-authorization and provide notice of a determination to the insured or insured's desig- nee and the insured's health care provider by telephone and in writing within three business days of receipt of the necessary information. To the extent practicable, such written notification to the enrollee's S. 6357--B 67 A. 8557--B health care provider shall be transmitted electronically, in a manner and in a form agreed upon by the parties. THE NOTIFICATION SHALL IDEN- TIFY: (1) WHETHER THE SERVICES ARE CONSIDERED IN-NETWORK OR OUT-OF-NET- WORK; (2) WHETHER THE INSURED WILL BE HELD HARMLESS FOR THE SERVICES AND NOT BE RESPONSIBLE FOR ANY PAYMENT, OTHER THAN ANY APPLICABLE CO-PAY- MENT, CO-INSURANCE OR DEDUCTIBLE; (3) AS APPLICABLE, THE DOLLAR AMOUNT THE HEALTH CARE PLAN WILL PAY IF THE SERVICE IS OUT-OF-NETWORK; AND (4) AS APPLICABLE, INFORMATION EXPLAINING HOW AN INSURED MAY DETERMINE THE ANTICIPATED OUT-OF-POCKET COST FOR OUT-OF-NETWORK HEALTH CARE SERVICES IN A GEOGRAPHICAL AREA OR ZIP CODE BASED UPON THE DIFFERENCE BETWEEN WHAT THE HEALTH CARE PLAN WILL REIMBURSE FOR OUT-OF-NETWORK HEALTH CARE SERVICES AND THE USUAL AND CUSTOMARY COST FOR OUT-OF-NETWORK HEALTH CARE SERVICES. S 13. Section 4904 of the insurance law is amended by adding a new subsection (a-2) to read as follows: (A-2) AN INSURED OR THE INSURED'S DESIGNEE MAY APPEAL AN OUT-OF-NET- WORK REFERRAL DENIAL BY A HEALTH CARE PLAN BY SUBMITTING A WRITTEN STATEMENT FROM THE INSURED'S ATTENDING PHYSICIAN, WHO MUST BE A LICENSED, BOARD CERTIFIED OR BOARD ELIGIBLE PHYSICIAN QUALIFIED TO PRAC- TICE IN THE SPECIALTY AREA OF PRACTICE APPROPRIATE TO TREAT THE INSURED FOR THE HEALTH SERVICE SOUGHT, PROVIDED THAT: (1) THE IN-NETWORK HEALTH CARE PROVIDER OR PROVIDERS RECOMMENDED BY THE HEALTH CARE PLAN DO NOT HAVE THE APPROPRIATE TRAINING AND EXPERIENCE TO MEET THE PARTICULAR HEALTH CARE NEEDS OF THE INSURED FOR THE HEALTH SERVICE; AND (2) RECOM- MENDS AN OUT-OF-NETWORK PROVIDER WITH THE APPROPRIATE TRAINING AND EXPE- RIENCE TO MEET THE PARTICULAR HEALTH CARE NEEDS OF THE INSURED, AND WHO IS ABLE TO PROVIDE THE REQUESTED HEALTH SERVICE. S 14. Subsection (b) of section 4910 of the insurance law is amended by adding a new paragraph 4 to read as follows: (4)(A) THE INSURED HAS HAD AN OUT-OF-NETWORK REFERRAL DENIED ON THE GROUNDS THAT THE HEALTH CARE PLAN HAS A HEALTH CARE PROVIDER IN THE IN-NETWORK BENEFITS PORTION OF ITS NETWORK WITH APPROPRIATE TRAINING AND EXPERIENCE TO MEET THE PARTICULAR HEALTH CARE NEEDS OF AN INSURED, AND WHO IS ABLE TO PROVIDE THE REQUESTED HEALTH SERVICE. (B) THE INSURED'S ATTENDING PHYSICIAN, WHO SHALL BE A LICENSED, BOARD CERTIFIED OR BOARD ELIGIBLE PHYSICIAN QUALIFIED TO PRACTICE IN THE SPECIALTY AREA OF PRACTICE APPROPRIATE TO TREAT THE INSURED FOR THE HEALTH SERVICE SOUGHT, CERTIFIES THAT THE IN-NETWORK HEALTH CARE PROVID- ER OR PROVIDERS RECOMMENDED BY THE HEALTH CARE PLAN DO NOT HAVE THE APPROPRIATE TRAINING AND EXPERIENCE TO MEET THE PARTICULAR HEALTH CARE NEEDS OF AN INSURED, AND RECOMMENDS AN OUT-OF-NETWORK PROVIDER WITH THE APPROPRIATE TRAINING AND EXPERIENCE TO MEET THE PARTICULAR HEALTH CARE NEEDS OF AN INSURED, AND WHO IS ABLE TO PROVIDE THE REQUESTED HEALTH SERVICE. S 15. Paragraph 4 of subsection (b) of section 4914 of the insurance law is amended by adding a new subparagraph (D) to read as follows: (D) FOR EXTERNAL APPEALS REQUESTED PURSUANT TO PARAGRAPH FOUR OF SUBSECTION (B) OF SECTION FOUR THOUSAND NINE HUNDRED TEN OF THIS TITLE RELATING TO AN OUT-OF-NETWORK REFERRAL DENIAL, THE EXTERNAL APPEAL AGENT SHALL REVIEW THE UTILIZATION REVIEW AGENT'S FINAL ADVERSE DETERMINATION AND, IN ACCORDANCE WITH THE PROVISIONS OF THIS TITLE, SHALL MAKE A DETERMINATION AS TO WHETHER THE OUT-OF-NETWORK REFERRAL SHALL BE COVERED BY THE HEALTH PLAN; PROVIDED THAT SUCH DETERMINATION SHALL: (I) BE CONDUCTED ONLY BY ONE OR A GREATER ODD NUMBER OF CLINICAL PEER REVIEWERS; (II) BE ACCOMPANIED BY A WRITTEN STATEMENT: S. 6357--B 68 A. 8557--B (I) THAT THE OUT-OF-NETWORK REFERRAL SHALL BE COVERED BY THE HEALTH CARE PLAN EITHER WHEN THE REVIEWER OR A MAJORITY OF THE PANEL OF REVIEW- ERS DETERMINES, UPON REVIEW OF THE TRAINING AND EXPERIENCE OF THE IN-NETWORK HEALTH CARE PROVIDER OR PROVIDERS PROPOSED BY THE PLAN, THE TRAINING AND EXPERIENCE OF THE REQUESTED OUT-OF-NETWORK PROVIDER, THE CLINICAL STANDARDS OF THE PLAN, THE INFORMATION PROVIDED CONCERNING THE INSURED, THE ATTENDING PHYSICIAN'S RECOMMENDATION, THE INSURED'S MEDICAL RECORD, AND ANY OTHER PERTINENT INFORMATION, THAT THE HEALTH PLAN DOES NOT HAVE A PROVIDER WITH THE APPROPRIATE TRAINING AND EXPERIENCE TO MEET THE PARTICULAR HEALTH CARE NEEDS OF AN INSURED WHO IS ABLE TO PROVIDE THE REQUESTED HEALTH SERVICE, AND THAT THE OUT-OF-NETWORK PROVIDER HAS THE APPROPRIATE TRAINING AND EXPERIENCE TO MEET THE PARTICULAR HEALTH CARE NEEDS OF AN INSURED, IS ABLE TO PROVIDE THE REQUESTED HEALTH SERVICE, AND IS LIKELY TO PRODUCE A MORE CLINICALLY BENEFICIAL OUTCOME; OR (II) UPHOLDING THE HEALTH PLAN'S DENIAL OF COVERAGE; (III) BE SUBJECT TO THE TERMS AND CONDITIONS GENERALLY APPLICABLE TO BENEFITS UNDER THE EVIDENCE OF COVERAGE UNDER THE HEALTH CARE PLAN; (IV) BE BINDING ON THE PLAN AND THE INSURED; AND (V) BE ADMISSIBLE IN ANY COURT PROCEEDING. S 16. The public health law is amended by adding a new section 23 to read as follows: S 23. CLAIM FORMS. A PHYSICIAN SHALL INCLUDE A CLAIM FORM FOR A THIRD-PARTY PAYOR WITH A PATIENT BILL FOR HEALTH CARE SERVICES, OTHER THAN A BILL FOR THE PATIENT'S CO-PAYMENT, COINSURANCE OR DEDUCTIBLE. S 17. The public health law is amended by adding a new section 24 to read as follows: S 24. DISCLOSURE. 1. A HEALTH CARE PROFESSIONAL SHALL DISCLOSE TO PATIENTS OR PROSPECTIVE PATIENTS IN WRITING OR THROUGH AN INTERNET WEBSITE THE HEALTH CARE PLANS IN WHICH THE HEALTH CARE PROFESSIONAL IS A PARTICIPATING PROVIDER AND THE HOSPITALS WITH WHICH THE HEALTH CARE PROFESSIONAL IS AFFILIATED PRIOR TO THE PROVISION OF NON-EMERGENCY SERVICES AND VERBALLY AT THE TIME AN APPOINTMENT IS SCHEDULED. 2. IF A HEALTH CARE PROFESSIONAL DOES NOT PARTICIPATE IN THE NETWORK OF A PATIENT'S OR PROSPECTIVE PATIENT'S HEALTH CARE PLAN, THE HEALTH CARE PROFESSIONAL SHALL: (A) PRIOR TO THE PROVISION OF NON-EMERGENCY SERVICES, INFORM A PATIENT OR PROSPECTIVE PATIENT THAT THE AMOUNT OR ESTIMATED AMOUNT THE HEALTH CARE PROFESSIONAL WILL BILL THE PATIENT FOR HEALTH CARE SERVICES IS AVAILABLE UPON REQUEST; AND (B) UPON RECEIPT OF A REQUEST FROM A PATIENT OR PROSPECTIVE PATIENT, DISCLOSE TO THE PATIENT OR PROSPECTIVE PATIENT IN WRITING THE AMOUNT OR ESTIMATED AMOUNT THE HEALTH CARE PROFESSIONAL WILL BILL THE PATIENT OR PROSPECTIVE PATIENT FOR HEALTH CARE SERVICES PROVIDED OR ANTICIPATED TO BE PROVIDED TO THE PATIENT OR PROSPECTIVE PATIENT ABSENT UNFORESEEN MEDICAL CIRCUMSTANCES THAT MAY ARISE WHEN THE HEALTH CARE SERVICES ARE PROVIDED. 3. A HEALTH CARE PROFESSIONAL WHO IS A PHYSICIAN SHALL PROVIDE A PATIENT OR PROSPECTIVE PATIENT WITH THE NAME, PRACTICE NAME, MAILING ADDRESS, AND TELEPHONE NUMBER OF ANY HEALTH CARE PROVIDER SCHEDULED TO PERFORM ANESTHESIOLOGY, LABORATORY, PATHOLOGY, RADIOLOGY OR ASSISTANT SURGEON SERVICES IN CONNECTION WITH CARE TO BE PROVIDED IN THE PHYSI- CIAN'S OFFICE FOR THE PATIENT OR COORDINATED OR REFERRED BY THE PHYSI- CIAN FOR THE PATIENT PRIOR TO THE PROVISION OF SERVICES. 4. A HEALTH CARE PROFESSIONAL WHO IS A PHYSICIAN SHALL, FOR A PATIENT'S SCHEDULED HOSPITAL ADMISSION OR SCHEDULED OUTPATIENT HOSPITAL SERVICES, PROVIDE A PATIENT AND THE HOSPITAL WITH THE NAME, PRACTICE NAME, MAILING ADDRESS AND TELEPHONE NUMBER OF ANY OTHER PHYSICIAN WHOSE S. 6357--B 69 A. 8557--B SERVICES WILL BE ARRANGED BY THE PHYSICIAN AND ARE SCHEDULED AT THE TIME OF THE PRE-ADMISSION TESTING, REGISTRATION OR ADMISSION PRIOR TO THE PROVISION OF SERVICES; AND INFORMATION AS TO HOW TO DETERMINE THE HEALTHCARE PLANS IN WHICH THE PHYSICIAN PARTICIPATES. 5. A HOSPITAL SHALL ESTABLISH, UPDATE AND MAKE PUBLIC THROUGH POSTING ON THE HOSPITAL'S WEBSITE, TO THE EXTENT REQUIRED BY FEDERAL GUIDELINES, A LIST OF THE HOSPITAL'S STANDARD CHARGES FOR ITEMS AND SERVICES PROVIDED BY THE HOSPITAL, INCLUDING FOR DIAGNOSIS-RELATED GROUPS ESTAB- LISHED UNDER SECTION 1886(D)(4) OF THE FEDERAL SOCIAL SECURITY ACT. 6. A HOSPITAL SHALL POST ON THE HOSPITAL'S WEBSITE: (A) THE HEALTH CARE PLANS IN WHICH THE HOSPITAL IS A PARTICIPATING PROVIDER; (B) A STATEMENT THAT (I) PHYSICIAN SERVICES PROVIDED IN THE HOSPITAL ARE NOT INCLUDED IN THE HOSPITAL'S CHARGES; (II) PHYSICIANS WHO PROVIDE SERVICES IN THE HOSPITAL MAY OR MAY NOT PARTICIPATE WITH THE SAME HEALTH CARE PLANS AS THE HOSPITAL, AND; (III) THE PROSPECTIVE PATIENT SHOULD CHECK WITH THE PHYSICIAN ARRANGING FOR THE HOSPITAL SERVICES TO DETERMINE THE HEALTH CARE PLANS IN WHICH THE PHYSICIAN PARTICIPATES; (C) AS APPLICA- BLE, THE NAME, MAILING ADDRESS AND TELEPHONE NUMBER OF THE PHYSICIAN GROUPS THAT THE HOSPITAL HAS CONTRACTED WITH TO PROVIDE SERVICES INCLUD- ING ANESTHESIOLOGY, PATHOLOGY OR RADIOLOGY, AND INSTRUCTIONS HOW TO CONTACT THESE GROUPS TO DETERMINE THE HEALTH CARE PLAN PARTICIPATION OF THE PHYSICIANS IN THESE GROUPS; AND (D) AS APPLICABLE, THE NAME, MAILING ADDRESS, AND TELEPHONE NUMBER OF PHYSICIANS EMPLOYED BY THE HOSPITAL AND WHOSE SERVICES MAY BE PROVIDED AT THE HOSPITAL, AND THE HEALTH CARE PLANS IN WHICH THEY PARTICIPATE. 7. IN REGISTRATION OR ADMISSION MATERIALS PROVIDED IN ADVANCE OF NON- EMERGENCY HOSPITAL SERVICES, A HOSPITAL SHALL: (A) ADVISE THE PATIENT OR PROSPECTIVE PATIENT TO CHECK WITH THE PHYSICIAN ARRANGING THE HOSPITAL SERVICES TO DETERMINE: (I) THE NAME, PRACTICE NAME, MAILING ADDRESS AND TELEPHONE NUMBER OF ANY OTHER PHYSICIAN WHOSE SERVICES WILL BE ARRANGED BY THE PHYSICIAN; AND (II) WHETHER THE SERVICES OF PHYSICIANS WHO ARE EMPLOYED OR CONTRACTED BY THE HOSPITAL TO PROVIDE SERVICES INCLUDING ANESTHESIOLOGY, PATHOLOGY AND/OR RADIOLOGY ARE REASONABLY ANTICIPATED TO BE PROVIDED TO THE PATIENT; AND (B) PROVIDE PATIENTS OR PROSPECTIVE PATIENTS WITH INFORMATION AS TO HOW TO TIMELY DETERMINE THE HEALTH CARE PLANS PARTICIPATED IN BY PHYSICIANS WHO ARE REASONABLY ANTICIPATED TO PROVIDE SERVICES TO THE PATIENT AT THE HOSPITAL, AS DETERMINED BY THE PHYSICIAN ARRANGING THE PATIENT'S HOSPITAL SERVICES, AND WHO ARE EMPLOY- EES OF THE HOSPITAL OR CONTRACTED BY THE HOSPITAL TO PROVIDE SERVICES INCLUDING ANESTHESIOLOGY, RADIOLOGY AND/OR PATHOLOGY. 8. FOR PURPOSES OF THIS SUBDIVISION: (A) "HEALTH CARE PLAN" MEANS A HEALTH INSURER INCLUDING AN INSURER LICENSED TO WRITE ACCIDENT AND HEALTH INSURANCE SUBJECT TO ARTICLE THIR- TY-TWO OF THE INSURANCE LAW; A CORPORATION ORGANIZED PURSUANT TO ARTICLE FORTY-THREE OF THE INSURANCE LAW; A MUNICIPAL COOPERATIVE HEALTH BENEFIT PLAN CERTIFIED PURSUANT TO ARTICLE FORTY-SEVEN OF THE INSURANCE LAW; A HEALTH MAINTENANCE ORGANIZATION CERTIFIED PURSUANT TO ARTICLE FORTY-FOUR OF THIS CHAPTER; A STUDENT HEALTH PLAN ESTABLISHED OR MAINTAINED PURSU- ANT TO SECTION ONE THOUSAND ONE HUNDRED TWENTY-FOUR OF THE INSURANCE LAW OR A SELF-FUNDED EMPLOYEE WELFARE BENEFIT PLAN. (B) "HEALTH CARE PROFESSIONAL" MEANS AN APPROPRIATELY LICENSED, REGIS- TERED OR CERTIFIED HEALTH CARE PROFESSIONAL PURSUANT TO TITLE EIGHT OF THE EDUCATION LAW. S 17-a. Paragraph (a) of subdivision 6 of section 4403 of the public health law, as added by chapter 705 of the laws of 1996, is amended to read as follows: S. 6357--B 70 A. 8557--B (a) If a health maintenance organization determines that it does not have a health care provider with appropriate training and experience in its panel or network to meet the particular health care needs of an enrollee, the health maintenance organization shall make a referral to an appropriate provider, pursuant to a treatment plan approved by the health maintenance organization in consultation with the primary care provider, the non-participating provider and the enrollee or enrollee's designee, at no additional cost to the enrollee beyond what the enrollee would otherwise pay for services received within the network. NOTHING IN THIS PARAGRAPH SHALL BE CONSTRUED TO ENTITLE AN ENROLLEE TO A REFERRAL TO THE ENROLLEE'S PREFERRED PROVIDER, WHERE THAT PROVIDER IS OUT-OF-NET- WORK. THE PROVISIONS OF THIS PARAGRAPH SHALL ONLY APPLY IF THERE IS NO IN-NETWORK PROVIDER GEOGRAPHICALLY ACCESSIBLE TO THE ENROLLEE WHO HAS THE APPROPRIATE ESSENTIAL LEVEL OF TRAINING AND EXPERIENCE TO MEET THE PARTICULAR NEEDS OF THE ENROLLEE. S 18. Paragraphs (k), (p-1), (q) and (r) of subdivision 1 of section 4408 of the public health law, paragraphs (k), (q) and (r) as added by chapter 705 of the laws of 1996, and paragraph (p-1) as added by chapter 554 of the laws of 2002, are amended and three new paragraphs (s), (t) and (u) are added to read as follows: (k) notice that an enrollee may obtain a referral to a health care provider outside of the health maintenance organization's network or panel when the health maintenance organization does not have a health care provider [with] WHO IS GEOGRAPHICALLY ACCESSIBLE TO THE ENROLLEE AND WHO HAS appropriate ESSENTIAL LEVEL OF training and experience in the network or panel to meet the particular health care needs of the enrollee and the procedure by which the enrollee can obtain such refer- ral; (p-1) notice that an enrollee shall have direct access to primary and preventive obstetric and gynecologic services, INCLUDING ANNUAL EXAMINA- TIONS, CARE RESULTING FROM SUCH ANNUAL EXAMINATIONS, AND TREATMENT OF ACUTE GYNECOLOGIC CONDITIONS, from a qualified provider of such services of her choice from within the plan [for no fewer than two examinations annually for such services] or [to] FOR any care related to A pregnancy [and that additionally, the enrollee shall have direct access to primary and preventive obstetric and gynecologic services required as a result of such annual examinations or as a result of an acute gynecologic condition]; (q) notice of all appropriate mailing addresses and telephone numbers to be utilized by enrollees seeking information or authorization; [and] (r) a listing by specialty, which may be in a separate document that is updated annually, of the name, address and telephone number of all participating providers, including facilities, and, in addition, in the case of physicians, board certification[.], LANGUAGES SPOKEN AND ANY AFFILIATIONS WITH PARTICIPATING HOSPITALS. THE LISTING SHALL ALSO BE POSTED ON THE HEALTH MAINTENANCE ORGANIZATION'S WEBSITE AND THE HEALTH MAINTENANCE ORGANIZATION SHALL UPDATE THE WEBSITE WITHIN FIFTEEN DAYS OF THE ADDITION OR TERMINATION OF A PROVIDER FROM THE HEALTH MAINTENANCE ORGANIZATION'S NETWORK OR A CHANGE IN A PHYSICIAN'S HOSPITAL AFFIL- IATION; (S) WHERE APPLICABLE, A DESCRIPTION OF THE METHOD BY WHICH AN ENROLLEE MAY SUBMIT A CLAIM FOR HEALTH CARE SERVICES; (T) WHERE APPLICABLE, WITH RESPECT TO OUT-OF-NETWORK COVERAGE: (I) A CLEAR DESCRIPTION OF THE METHODOLOGY USED BY THE HEALTH MAINTE- NANCE ORGANIZATION TO DETERMINE REIMBURSEMENT FOR OUT-OF-NETWORK HEALTH CARE SERVICES; S. 6357--B 71 A. 8557--B (II) A DESCRIPTION OF THE AMOUNT THAT THE HEALTH MAINTENANCE ORGANIZA- TION WILL REIMBURSE UNDER THE METHODOLOGY FOR OUT-OF-NETWORK HEALTH CARE SERVICES SET FORTH AS A PERCENTAGE OF THE USUAL AND CUSTOMARY COST FOR OUT-OF-NETWORK HEALTH CARE SERVICES; (III) EXAMPLES OF ANTICIPATED OUT-OF-POCKET COSTS FOR FREQUENTLY BILLED OUT-OF-NETWORK HEALTH CARE SERVICES; AND (U) INFORMATION IN WRITING AND THROUGH AN INTERNET WEBSITE THAT REASONABLY PERMITS AN ENROLLEE OR PROSPECTIVE ENROLLEE TO DETERMINE THE ANTICIPATED OUT-OF-POCKET COST FOR OUT-OF-NETWORK HEALTH CARE SERVICES IN A GEOGRAPHICAL AREA OR ZIP CODE BASED UPON THE DIFFERENCE BETWEEN WHAT THE HEALTH MAINTENANCE ORGANIZATION WILL REIMBURSE FOR OUT-OF-NET- WORK HEALTH CARE SERVICES AND THE USUAL AND CUSTOMARY COST FOR OUT-OF-NETWORK HEALTH CARE SERVICES. S 19. Paragraphs (k) and (l) of subdivision 2 of section 4408 of the public health law, as added by chapter 705 of the laws of 1996, are amended and two new paragraphs (m) and (n) are added to read as follows: (k) provide the written application procedures and minimum qualifica- tion requirements for health care providers to be considered by the health maintenance organization; [and] (1) disclose other information as required by the commissioner, provided that such requirements are promulgated pursuant to the state administrative procedure act[.]; (M) DISCLOSE WHETHER A HEALTH CARE PROVIDER SCHEDULED TO PROVIDE A HEALTH CARE SERVICE IS AN IN-NETWORK PROVIDER; AND (N) WHERE APPLICABLE, WITH RESPECT TO OUT-OF-NETWORK COVERAGE, DISCLOSE THE DOLLAR AMOUNT THAT THE HEALTH MAINTENANCE ORGANIZATION WILL PAY FOR A SPECIFIC OUT-OF-NETWORK HEALTH CARE SERVICE. S 20. Section 4408 of the public health law is amended by adding a new subdivision 7 to read as follows: 7. FOR PURPOSES OF THIS SECTION, "USUAL AND CUSTOMARY COST" SHALL MEAN THE EIGHTIETH PERCENTILE OF ALL CHARGES FOR THE PARTICULAR HEALTH CARE SERVICE PERFORMED BY A PROVIDER IN THE SAME OR SIMILAR SPECIALTY AND PROVIDED IN THE SAME GEOGRAPHICAL AREA AS REPORTED IN A BENCHMARKING DATABASE MAINTAINED BY A NONPROFIT ORGANIZATION SPECIFIED BY THE SUPER- INTENDENT OF FINANCIAL SERVICES. THE NONPROFIT ORGANIZATION SHALL NOT BE AFFILIATED WITH AN INSURER, A CORPORATION SUBJECT TO ARTICLE FORTY-THREE OF THE INSURANCE LAW, A MUNICIPAL COOPERATIVE HEALTH BENEFIT PLAN CERTI- FIED PURSUANT TO ARTICLE FORTY-SEVEN OF THE INSURANCE LAW, OR A HEALTH MAINTENANCE ORGANIZATION CERTIFIED PURSUANT TO THIS ARTICLE. S 21. Subdivision 7-g of section 4900 of the public health law is renumbered subdivision 7-h and a new subdivision 7-g is added to read as follows: 7-G. "OUT-OF-NETWORK REFERRAL DENIAL" MEANS A DENIAL OF A REQUEST FOR AN AUTHORIZATION OR REFERRAL TO AN OUT-OF-NETWORK PROVIDER ON THE BASIS THAT THE HEALTH CARE PLAN HAS A HEALTH CARE PROVIDER IN THE IN-NETWORK BENEFITS PORTION OF ITS NETWORK WITH APPROPRIATE TRAINING AND EXPERIENCE TO MEET THE PARTICULAR HEALTH CARE NEEDS OF AN ENROLLEE, AND WHO IS ABLE TO PROVIDE THE REQUESTED HEALTH SERVICE. THE NOTICE OF AN OUT-OF-NETWORK REFERRAL DENIAL PROVIDED TO AN ENROLLEE SHALL INCLUDE INFORMATION EXPLAINING WHAT INFORMATION THE ENROLLEE MUST SUBMIT IN ORDER TO APPEAL THE OUT-OF-NETWORK REFERRAL DENIAL PURSUANT TO SUBDIVISION ONE-B OF SECTION FOUR THOUSAND NINE HUNDRED FOUR OF THIS ARTICLE. AN OUT-OF-NET- WORK REFERRAL DENIAL UNDER THIS SUBDIVISION DOES NOT CONSTITUTE AN ADVERSE DETERMINATION AS DEFINED IN THIS ARTICLE. AN OUT-OF-NETWORK REFERRAL DENIAL SHALL NOT BE CONSTRUED TO INCLUDE AN OUT-OF-NETWORK DENIAL AS DEFINED IN SUBDIVISION SEVEN-F OF THIS SECTION. S. 6357--B 72 A. 8557--B S 22. Subdivision 2 of section 4903 of the public health law, as amended by chapter 514 of the laws of 2013, is amended to read as follows: 2. A utilization review agent shall make a utilization review determi- nation involving health care services which require pre-authorization and provide notice of a determination to the enrollee or enrollee's designee and the enrollee's health care provider by telephone and in writing within three business days of receipt of the necessary informa- tion. To the extent practicable, such written notification to the enrollee's health care provider shall be transmitted electronically, in a manner and in a form agreed upon by the parties. THE NOTIFICATION SHALL IDENTIFY; (A) WHETHER THE SERVICES ARE CONSIDERED IN-NETWORK OR OUT-OF-NETWORK; (B) AND WHETHER THE ENROLLEE WILL BE HELD HARMLESS FOR THE SERVICES AND NOT BE RESPONSIBLE FOR ANY PAYMENT, OTHER THAN ANY APPLICABLE CO-PAYMENT OR CO-INSURANCE; (C) AS APPLICABLE, THE DOLLAR AMOUNT THE HEALTH CARE PLAN WILL PAY IF THE SERVICE IS OUT-OF-NETWORK; AND (D) AS APPLICABLE, INFORMATION EXPLAINING HOW AN ENROLLEE MAY DETER- MINE THE ANTICIPATED OUT-OF-POCKET COST FOR OUT-OF-NETWORK HEALTH CARE SERVICES IN A GEOGRAPHICAL AREA OR ZIP CODE BASED UPON THE DIFFERENCE BETWEEN WHAT THE HEALTH CARE PLAN WILL REIMBURSE FOR OUT-OF-NETWORK HEALTH CARE SERVICES AND THE USUAL AND CUSTOMARY COST FOR OUT-OF-NETWORK HEALTH CARE SERVICES. S 23. Section 4904 of the public health law is amended by adding a new subdivision 1-b to read as follows: 1-B. AN ENROLLEE OR THE ENROLLEE'S DESIGNEE MAY APPEAL A DENIAL OF AN OUT-OF-NETWORK REFERRAL BY A HEALTH CARE PLAN BY SUBMITTING A WRITTEN STATEMENT FROM THE ENROLLEE'S ATTENDING PHYSICIAN, WHO MUST BE A LICENSED, BOARD CERTIFIED OR BOARD ELIGIBLE PHYSICIAN QUALIFIED TO PRAC- TICE IN THE SPECIALTY AREA OF PRACTICE APPROPRIATE TO TREAT THE ENROLLEE FOR THE HEALTH SERVICE SOUGHT, PROVIDED THAT: (A) THE IN-NETWORK HEALTH CARE PROVIDER OR PROVIDERS RECOMMENDED BY THE HEALTH CARE PLAN DO NOT HAVE THE APPROPRIATE TRAINING AND EXPERIENCE TO MEET THE PARTICULAR HEALTH CARE NEEDS OF THE ENROLLEE FOR THE HEALTH SERVICE; AND (B) RECOM- MENDS AN OUT-OF-NETWORK PROVIDER WITH THE APPROPRIATE TRAINING AND EXPE- RIENCE TO MEET THE PARTICULAR HEALTH CARE NEEDS OF THE ENROLLEE, AND WHO IS ABLE TO PROVIDE THE REQUESTED HEALTH SERVICE. S 24. Subdivision 2 of section 4910 of the public health law is amended by adding a new paragraph (d) to read as follows: (D)(I) THE ENROLLEE HAS HAD AN OUT-OF-NETWORK REFERRAL DENIED ON THE GROUNDS THAT THE HEALTH CARE PLAN HAS A HEALTH CARE PROVIDER IN THE IN-NETWORK BENEFITS PORTION OF ITS NETWORK WITH APPROPRIATE TRAINING AND EXPERIENCE TO MEET THE PARTICULAR HEALTH CARE NEEDS OF AN ENROLLEE, AND WHO IS ABLE TO PROVIDE THE REQUESTED HEALTH SERVICE. (II) THE ENROLLEE'S ATTENDING PHYSICIAN, WHO SHALL BE A LICENSED, BOARD CERTIFIED OR BOARD ELIGIBLE PHYSICIAN QUALIFIED TO PRACTICE IN THE SPECIALTY AREA OF PRACTICE APPROPRIATE TO TREAT THE ENROLLEE FOR THE HEALTH SERVICE SOUGHT, CERTIFIES THAT THE IN-NETWORK HEALTH CARE PROVID- ER OR PROVIDERS RECOMMENDED BY THE HEALTH CARE PLAN DO NOT HAVE THE APPROPRIATE TRAINING AND EXPERIENCE TO MEET THE PARTICULAR HEALTH CARE NEEDS OF AN ENROLLEE, AND RECOMMENDS AN OUT-OF-NETWORK PROVIDER WITH THE APPROPRIATE TRAINING AND EXPERIENCE TO MEET THE PARTICULAR HEALTH CARE NEEDS OF AN ENROLLEE, AND WHO IS ABLE TO PROVIDE THE REQUESTED HEALTH SERVICE. S 25. Paragraph (d) of subdivision 2 of section 4914 of the public health law is amended by adding a new subparagraph (D) to read as follows: S. 6357--B 73 A. 8557--B (D) FOR EXTERNAL APPEALS REQUESTED PURSUANT TO PARAGRAPH (D) OF SUBDI- VISION TWO OF SECTION FOUR THOUSAND NINE HUNDRED TEN OF THIS TITLE RELATING TO AN OUT-OF-NETWORK REFERRAL DENIAL, THE EXTERNAL APPEAL AGENT SHALL REVIEW THE UTILIZATION REVIEW AGENT'S FINAL ADVERSE DETERMINATION AND, IN ACCORDANCE WITH THE PROVISIONS OF THIS TITLE, SHALL MAKE A DETERMINATION AS TO WHETHER THE OUT-OF-NETWORK REFERRAL SHALL BE COVERED BY THE HEALTH PLAN; PROVIDED THAT SUCH DETERMINATION SHALL: (I) BE CONDUCTED ONLY BY ONE OR A GREATER ODD NUMBER OF CLINICAL PEER REVIEWERS; (II) BE ACCOMPANIED BY A WRITTEN STATEMENT: (1) THAT THE OUT-OF-NETWORK REFERRAL SHALL BE COVERED BY THE HEALTH CARE PLAN EITHER WHEN THE REVIEWER OR A MAJORITY OF THE PANEL OF REVIEW- ERS DETERMINES, UPON REVIEW OF THE TRAINING AND EXPERIENCE OF THE IN-NETWORK HEALTH CARE PROVIDER OR PROVIDERS PROPOSED BY THE PLAN, THE TRAINING AND EXPERIENCE OF THE REQUESTED OUT-OF-NETWORK PROVIDER, THE CLINICAL STANDARDS OF THE PLAN, THE INFORMATION PROVIDED CONCERNING THE ENROLLEE, THE ATTENDING PHYSICIAN'S RECOMMENDATION, THE ENROLLEE'S MEDICAL RECORD, AND ANY OTHER PERTINENT INFORMATION, THAT THE HEALTH PLAN DOES NOT HAVE A PROVIDER WITH THE APPROPRIATE TRAINING AND EXPERI- ENCE TO MEET THE PARTICULAR HEALTH CARE NEEDS OF AN ENROLLEE WHO IS ABLE TO PROVIDE THE REQUESTED HEALTH SERVICE, AND THAT THE OUT-OF-NETWORK PROVIDER HAS THE APPROPRIATE TRAINING AND EXPERIENCE TO MEET THE PARTIC- ULAR HEALTH CARE NEEDS OF AN ENROLLEE, IS ABLE TO PROVIDE THE REQUESTED HEALTH SERVICE, AND IS LIKELY TO PRODUCE A MORE CLINICALLY BENEFICIAL OUTCOME; OR (2) UPHOLDING THE HEALTH PLAN'S DENIAL OF COVERAGE; (III) BE SUBJECT TO THE TERMS AND CONDITIONS GENERALLY APPLICABLE TO BENEFITS UNDER THE EVIDENCE OF COVERAGE UNDER THE HEALTH CARE PLAN; (IV) BE BINDING ON THE PLAN AND THE ENROLLEE; AND (V) BE ADMISSIBLE IN ANY COURT PROCEEDING. S 26. The financial services law is amended by adding a new article 6 to read as follows: ARTICLE 6 EMERGENCY MEDICAL SERVICES AND SURPRISE BILLS SECTION 601. DISPUTE RESOLUTION PROCESS ESTABLISHED. 602. APPLICABILITY. 603. DEFINITIONS. 604. CRITERIA FOR DETERMINING A REASONABLE FEE. 605. DISPUTE RESOLUTION FOR EMERGENCY SERVICES. 606. HOLD HARMLESS AND ASSIGNMENT OF BENEFITS FOR SURPRISE BILLS FOR INSUREDS. 607. DISPUTE RESOLUTION FOR SURPRISE BILLS. 608. PAYMENT FOR INDEPENDENT DISPUTE RESOLUTION ENTITY. S 601. DISPUTE RESOLUTION PROCESS ESTABLISHED. THE SUPERINTENDENT SHALL ESTABLISH A DISPUTE RESOLUTION PROCESS BY WHICH A DISPUTE FOR A BILL FOR EMERGENCY SERVICES OR A SURPRISE BILL MAY BE RESOLVED. THE SUPERINTENDENT SHALL HAVE THE POWER TO GRANT AND REVOKE CERTIFICATIONS OF INDEPENDENT DISPUTE RESOLUTION ENTITIES TO CONDUCT THE DISPUTE RESOL- UTION PROCESS. THE SUPERINTENDENT SHALL PROMULGATE REGULATIONS ESTAB- LISHING STANDARDS FOR THE DISPUTE RESOLUTION PROCESS, INCLUDING A PROC- ESS FOR CERTIFYING AND SELECTING INDEPENDENT DISPUTE RESOLUTION ENTITIES. S 602. APPLICABILITY. THIS ARTICLE SHALL NOT APPLY TO HEALTH CARE SERVICES, INCLUDING EMERGENCY SERVICES, WHERE PHYSICIAN FEES ARE SUBJECT TO SCHEDULES OR OTHER MONETARY LIMITATIONS UNDER ANY OTHER LAW, INCLUD- S. 6357--B 74 A. 8557--B ING THE WORKERS' COMPENSATION LAW AND ARTICLE FIFTY-ONE OF THE INSURANCE LAW, AND SHALL NOT PREEMPT ANY SUCH LAW. S 603. DEFINITIONS. FOR THE PURPOSES OF THIS ARTICLE: (A) "EMERGENCY CONDITION" MEANS A MEDICAL OR BEHAVIORAL CONDITION THAT MANIFESTS ITSELF BY ACUTE SYMPTOMS OF SUFFICIENT SEVERITY, INCLUDING SEVERE PAIN, SUCH THAT A PRUDENT LAYPERSON, POSSESSING AN AVERAGE KNOW- LEDGE OF MEDICINE AND HEALTH, COULD REASONABLY EXPECT THE ABSENCE OF IMMEDIATE MEDICAL ATTENTION TO RESULT IN : (1) PLACING THE HEALTH OF THE PERSON AFFLICTED WITH SUCH CONDITION IN SERIOUS JEOPARDY, OR IN THE CASE OF A BEHAVIORAL CONDITION PLACING THE HEALTH OF SUCH PERSON OR OTHERS IN SERIOUS JEOPARDY; (2) SERIOUS IMPAIRMENT TO SUCH PERSON'S BODILY FUNC- TIONS; (3) SERIOUS DYSFUNCTION OF ANY BODILY ORGAN OR PART OF SUCH PERSON; (4) SERIOUS DISFIGUREMENT OF SUCH PERSON; OR (5) A CONDITION DESCRIBED IN CLAUSE (I), (II) OR (III) OF SECTION 1867(E)(1)(A) OF THE SOCIAL SECURITY ACT 42 U.S.C. S 1395DD. (B) "EMERGENCY SERVICES" MEANS, WITH RESPECT TO AN EMERGENCY CONDI- TION: (1) A MEDICAL SCREENING EXAMINATION AS REQUIRED UNDER SECTION 1867 OF THE SOCIAL SECURITY ACT, 42 U.S.C. S 1395DD, WHICH IS WITHIN THE CAPABILITY OF THE EMERGENCY DEPARTMENT OF A HOSPITAL, INCLUDING ANCIL- LARY SERVICES ROUTINELY AVAILABLE TO THE EMERGENCY DEPARTMENT TO EVALU- ATE SUCH EMERGENCY MEDICAL CONDITION; AND (2) WITHIN THE CAPABILITIES OF THE STAFF AND FACILITIES AVAILABLE AT THE HOSPITAL, SUCH FURTHER MEDICAL EXAMINATION AND TREATMENT AS ARE REQUIRED UNDER SECTION 1867 OF THE SOCIAL SECURITY ACT, 42 U.S.C. S 1395DD, TO STABILIZE THE PATIENT. (C) "HEALTH CARE PLAN" MEANS AN INSURER LICENSED TO WRITE ACCIDENT AND HEALTH INSURANCE PURSUANT TO ARTICLE THIRTY-TWO OF THE INSURANCE LAW; A CORPORATION ORGANIZED PURSUANT TO ARTICLE FORTY-THREE OF THE INSURANCE LAW; A MUNICIPAL COOPERATIVE HEALTH BENEFIT PLAN CERTIFIED PURSUANT TO ARTICLE FORTY-SEVEN OF THE INSURANCE LAW; A HEALTH MAINTENANCE ORGANIZA- TION CERTIFIED PURSUANT TO ARTICLE FORTY-FOUR OF THE PUBLIC HEALTH LAW; OR A STUDENT HEALTH PLAN ESTABLISHED OR MAINTAINED PURSUANT TO SECTION ONE THOUSAND ONE HUNDRED TWENTY-FOUR OF THE INSURANCE LAW. (D) "INSURED" MEANS A PATIENT COVERED UNDER A HEALTH CARE PLAN'S POLI- CY OR CONTRACT. (E) "NON-PARTICIPATING" MEANS NOT HAVING A CONTRACT WITH A HEALTH CARE PLAN TO PROVIDE HEALTH CARE SERVICES TO AN INSURED. (F) "PARTICIPATING" MEANS HAVING A CONTRACT WITH A HEALTH CARE PLAN TO PROVIDE HEALTH CARE SERVICES TO AN INSURED. (G) "PATIENT" MEANS A PERSON WHO RECEIVES HEALTH CARE SERVICES, INCLUDING EMERGENCY SERVICES, IN THIS STATE. (H) "SURPRISE BILL" MEANS A BILL FOR HEALTH CARE SERVICES, OTHER THAN EMERGENCY SERVICES, RECEIVED BY: (1) AN INSURED FOR SERVICES RENDERED BY A NON-PARTICIPATING PHYSICIAN AT A PARTICIPATING HOSPITAL OR AMBULATORY SURGICAL CENTER, WHERE A PARTICIPATING PHYSICIAN IS UNAVAILABLE AT THE TIME THE HEALTH CARE SERVICES ARE RENDERED; PROVIDED, HOWEVER, THAT A SURPRISE BILL SHALL NOT MEAN A BILL RECEIVED FOR HEALTH CARE SERVICES WHEN A PARTICIPATING PHYSICIAN IS AVAILABLE AND THE INSURED HAS ELECTED TO OBTAIN SERVICES FROM A NON-PARTICIPATING PHYSICIAN; OR (2) A PATIENT WHO IS NOT AN INSURED FOR SERVICES RENDERED BY A PHYSI- CIAN AT A HOSPITAL OR AMBULATORY SURGICAL CENTER, WHERE THE PATIENT HAS NOT TIMELY RECEIVED ALL OF THE DISCLOSURES REQUIRED PURSUANT TO SECTION TWENTY-FOUR OF THE PUBLIC HEALTH LAW. (I) "USUAL AND CUSTOMARY COST" MEANS THE EIGHTIETH PERCENTILE OF ALL CHARGES FOR THE PARTICULAR HEALTH CARE SERVICE PERFORMED BY A PROVIDER IN THE SAME OR SIMILAR SPECIALTY AND PROVIDED IN THE SAME GEOGRAPHICAL S. 6357--B 75 A. 8557--B AREA AS REPORTED IN A BENCHMARKING DATABASE MAINTAINED BY A NONPROFIT ORGANIZATION SPECIFIED BY THE SUPERINTENDENT. THE NONPROFIT ORGANIZATION SHALL NOT BE AFFILIATED WITH AN INSURER, A CORPORATION SUBJECT TO ARTI- CLE FORTY-THREE OF THE INSURANCE LAW, A MUNICIPAL COOPERATIVE HEALTH BENEFIT PLAN CERTIFIED PURSUANT TO ARTICLE FORTY-SEVEN OF THE INSURANCE LAW, OR A HEALTH MAINTENANCE ORGANIZATION CERTIFIED PURSUANT TO ARTICLE FORTY-FOUR OF THE PUBLIC HEALTH LAW. S 604. CRITERIA FOR DETERMINING A REASONABLE FEE. IN DETERMINING THE APPROPRIATE AMOUNT TO PAY FOR A HEALTH CARE SERVICE, AN INDEPENDENT DISPUTE RESOLUTION ENTITY SHALL CONSIDER ALL RELEVANT FACTORS, INCLUD- ING: (A) WHETHER THERE IS A GROSS DISPARITY BETWEEN THE FEE CHARGED BY THE PHYSICIAN FOR SERVICES RENDERED AS COMPARED TO: (1) FEES PAID TO THE INVOLVED PHYSICIAN FOR THE SAME SERVICES RENDERED BY THE PHYSICIAN TO OTHER PATIENTS IN HEALTH CARE PLANS IN WHICH THE PHYSICIAN IS NOT PARTICIPATING, AND (2) IN THE CASE OF A DISPUTE INVOLVING A HEALTH CARE PLAN, FEES PAID BY THE HEALTH CARE PLAN TO REIMBURSE SIMILARLY QUALIFIED PHYSICIANS FOR THE SAME SERVICES IN THE SAME REGION WHO ARE NOT PARTICIPATING WITH THE HEALTH CARE PLAN; (B) THE LEVEL OF TRAINING, EDUCATION AND EXPERIENCE OF THE PHYSICIAN; (C) THE PHYSICIAN'S USUAL CHARGE FOR COMPARABLE SERVICES WITH REGARD TO PATIENTS IN HEALTH CARE PLANS IN WHICH THE PHYSICIAN IS NOT PARTIC- IPATING; (D) THE CIRCUMSTANCES AND COMPLEXITY OF THE PARTICULAR CASE, INCLUDING TIME AND PLACE OF THE SERVICE; (E) INDIVIDUAL PATIENT CHARACTERISTICS; AND (F) THE USUAL AND CUSTOMARY COST OF THE SERVICE. S 605. DISPUTE RESOLUTION FOR EMERGENCY SERVICES. (A) EMERGENCY SERVICES FOR AN INSURED. (1) WHEN A HEALTH CARE PLAN RECEIVES A BILL FOR EMERGENCY SERVICES FROM A NON-PARTICIPATING PHYSICIAN, THE HEALTH CARE PLAN SHALL PAY AN AMOUNT THAT IT DETERMINES IS REASONABLE FOR THE EMER- GENCY SERVICES RENDERED BY THE NON-PARTICIPATING PHYSICIAN, IN ACCORD- ANCE WITH SECTION THREE THOUSAND TWO HUNDRED TWENTY-FOUR-A OF THE INSUR- ANCE LAW, EXCEPT FOR THE INSURED'S CO-PAYMENT, COINSURANCE OR DEDUCTIBLE, IF ANY, AND SHALL ENSURE THAT THE INSURED SHALL INCUR NO GREATER OUT-OF-POCKET COSTS FOR THE EMERGENCY SERVICES THAN THE INSURED WOULD HAVE INCURRED WITH A PARTICIPATING PHYSICIAN PURSUANT TO SUBSECTION (C) OF SECTION THREE THOUSAND TWO HUNDRED FORTY-ONE OF THE INSURANCE LAW. (2) A NON-PARTICIPATING PHYSICIAN OR A HEALTH CARE PLAN MAY SUBMIT A DISPUTE REGARDING A FEE OR PAYMENT FOR EMERGENCY SERVICES FOR REVIEW TO AN INDEPENDENT DISPUTE RESOLUTION ENTITY. (3) IN DETERMINING A REASONABLE FEE FOR THE SERVICES RENDERED, AN INDEPENDENT DISPUTE RESOLUTION ENTITY SHALL SELECT EITHER THE HEALTH CARE PLAN'S PAYMENT OR THE NON-PARTICIPATING PHYSICIAN'S FEE. THE INDE- PENDENT DISPUTE RESOLUTION ENTITY SHALL DETERMINE WHICH AMOUNT TO SELECT BASED UPON THE CONDITIONS AND FACTORS SET FORTH IN SECTION SIX HUNDRED FOUR OF THIS ARTICLE. (B) EMERGENCY SERVICES FOR A PATIENT THAT IS NOT AN INSURED. (1) A PATIENT THAT IS NOT AN INSURED OR THE PATIENT'S PHYSICIAN MAY SUBMIT A DISPUTE REGARDING A FEE FOR EMERGENCY SERVICES FOR REVIEW TO AN INDE- PENDENT DISPUTE RESOLUTION ENTITY UPON APPROVAL OF THE SUPERINTENDENT. (2) AN INDEPENDENT DISPUTE RESOLUTION ENTITY SHALL DETERMINE A REASON- ABLE FEE FOR THE SERVICES BASED UPON THE SAME CONDITIONS AND FACTORS SET FORTH IN SECTION SIX HUNDRED FOUR OF THIS ARTICLE. S. 6357--B 76 A. 8557--B (3) A PATIENT THAT IS NOT AN INSURED SHALL NOT BE REQUIRED TO PAY THE PHYSICIAN'S FEE IN ORDER TO BE ELIGIBLE TO SUBMIT THE DISPUTE FOR REVIEW TO AN INDEPENDENT DISPUTE RESOLUTION ENTITY. (C) THE DETERMINATION OF AN INDEPENDENT DISPUTE RESOLUTION ENTITY SHALL BE BINDING ON THE HEALTH CARE PLAN, PHYSICIAN AND PATIENT, AND SHALL BE ADMISSIBLE IN ANY COURT PROCEEDING BETWEEN THE HEALTH CARE PLAN, PHYSICIAN OR PATIENT, OR IN ANY ADMINISTRATIVE PROCEEDING BETWEEN THIS STATE AND THE PHYSICIAN. S 606. HOLD HARMLESS AND ASSIGNMENT OF BENEFITS FOR SURPRISE BILLS FOR INSUREDS. WHEN AN INSURED ASSIGNS BENEFITS FOR A SURPRISE BILL IN WRIT- ING TO A NON-PARTICIPATING PHYSICIAN THAT KNOWS THE INSURED IS INSURED UNDER A HEALTH CARE PLAN, THE NON-PARTICIPATING PHYSICIAN SHALL NOT BILL THE INSURED EXCEPT FOR ANY APPLICABLE COPAYMENT, COINSURANCE OR DEDUCT- IBLE THAT WOULD BE OWED IF THE INSURED UTILIZED A PARTICIPATING PHYSI- CIAN. S 607. DISPUTE RESOLUTION FOR SURPRISE BILLS. (A) SURPRISE BILL RECEIVED BY AN INSURED WHO ASSIGNS BENEFITS. (1) IF AN INSURED ASSIGNS BENEFITS TO A NON-PARTICIPATING PHYSICIAN, THE HEALTH CARE PLAN SHALL PAY THE NON-PARTICIPATING PHYSICIAN IN ACCORDANCE WITH PARAGRAPHS TWO AND THREE OF THIS SUBSECTION. (2) THE NON-PARTICIPATING PHYSICIAN MAY BILL THE HEALTH CARE PLAN FOR THE HEALTH CARE SERVICES RENDERED, AND THE HEALTH CARE PLAN SHALL PAY THE NON-PARTICIPATING PHYSICIAN THE BILLED AMOUNT OR ATTEMPT TO NEGOTI- ATE REIMBURSEMENT WITH THE NON-PARTICIPATING PHYSICIAN. (3) IF THE HEALTH CARE PLAN'S ATTEMPTS TO NEGOTIATE REIMBURSEMENT FOR HEALTH CARE SERVICES PROVIDED BY A NON-PARTICIPATING PHYSICIAN DOES NOT RESULT IN A RESOLUTION OF THE PAYMENT DISPUTE BETWEEN THE NON-PARTICI- PATING PHYSICIAN AND THE HEALTH CARE PLAN, THE HEALTH CARE PLAN SHALL PAY THE NON-PARTICIPATING PHYSICIAN AN AMOUNT THE HEALTH CARE PLAN DETERMINES IS REASONABLE FOR THE HEALTH CARE SERVICES RENDERED, EXCEPT FOR THE INSURED'S COPAYMENT, COINSURANCE OR DEDUCTIBLE, IN ACCORDANCE WITH SECTION THREE THOUSAND TWO HUNDRED TWENTY-FOUR-A OF THE INSURANCE LAW. (4) EITHER THE HEALTH CARE PLAN OR THE NON-PARTICIPATING PHYSICIAN MAY SUBMIT THE DISPUTE REGARDING THE SURPRISE BILL FOR REVIEW TO AN INDE- PENDENT DISPUTE RESOLUTION ENTITY, PROVIDED HOWEVER, THE HEALTH CARE PLAN MAY NOT SUBMIT THE DISPUTE UNLESS IT HAS COMPLIED WITH THE REQUIRE- MENTS OF PARAGRAPHS ONE, TWO AND THREE OF THIS SUBSECTION. (5) WHEN DETERMINING A REASONABLE FEE FOR THE SERVICES RENDERED, THE INDEPENDENT DISPUTE RESOLUTION ENTITY SHALL SELECT EITHER THE HEALTH CARE PLAN'S PAYMENT OR THE NON-PARTICIPATING PHYSICIAN'S FEE. AN INDE- PENDENT DISPUTE RESOLUTION ENTITY SHALL DETERMINE WHICH AMOUNT TO SELECT BASED UPON THE CONDITIONS AND FACTORS SET FORTH IN SECTION SIX HUNDRED FOUR OF THIS ARTICLE. (B) SURPRISE BILL RECEIVED BY AN INSURED WHO DOES NOT ASSIGN BENEFITS OR BY A PATIENT WHO IS NOT AN INSURED. (1) AN INSURED WHO DOES NOT ASSIGN BENEFITS IN ACCORDANCE WITH SUBSECTION (A) OF THIS SECTION OR A PATIENT WHO IS NOT AN INSURED AND WHO RECEIVES A SURPRISE BILL MAY SUBMIT A DISPUTE REGARDING THE SURPRISE BILL FOR REVIEW TO AN INDEPEND- ENT DISPUTE RESOLUTION ENTITY. (2) THE INDEPENDENT DISPUTE RESOLUTION ENTITY SHALL DETERMINE A REASONABLE FEE FOR THE SERVICES RENDERED BASED UPON THE CONDITIONS AND FACTORS SET FORTH IN SECTION SIX HUNDRED FOUR OF THIS ARTICLE. (3) A PATIENT OR INSURED WHO DOES NOT ASSIGN BENEFITS IN ACCORDANCE WITH SUBSECTION (A) OF THIS SECTION SHALL NOT BE REQUIRED TO PAY THE S. 6357--B 77 A. 8557--B PHYSICIAN'S FEE TO BE ELIGIBLE TO SUBMIT THE DISPUTE FOR REVIEW TO THE INDEPENDENT DISPUTE ENTITY. (C) THE DETERMINATION OF AN INDEPENDENT DISPUTE RESOLUTION ENTITY SHALL BE BINDING ON THE PATIENT, PHYSICIAN AND HEALTH CARE PLAN, AND SHALL BE ADMISSIBLE IN ANY COURT PROCEEDING BETWEEN THE PATIENT OR INSURED, PHYSICIAN OR HEALTH CARE PLAN, OR IN ANY ADMINISTRATIVE PROCEEDING BETWEEN THIS STATE AND THE PHYSICIAN. S 608. PAYMENT FOR INDEPENDENT DISPUTE RESOLUTION ENTITY. (A) FOR DISPUTES INVOLVING AN INSURED, WHEN THE INDEPENDENT DISPUTE RESOLUTION ENTITY DETERMINES THE HEALTH CARE PLAN'S PAYMENT IS REASONABLE, PAYMENT FOR THE DISPUTE RESOLUTION PROCESS SHALL BE THE RESPONSIBILITY OF THE NON-PARTICIPATING PHYSICIAN. WHEN THE INDEPENDENT DISPUTE RESOLUTION ENTITY DETERMINES THE NON-PARTICIPATING PHYSICIAN'S FEE IS REASONABLE, PAYMENT FOR THE DISPUTE RESOLUTION PROCESS SHALL BE THE RESPONSIBILITY OF THE HEALTH CARE PLAN. (B) FOR DISPUTES INVOLVING A PATIENT THAT IS NOT AN INSURED, WHEN THE INDEPENDENT DISPUTE RESOLUTION ENTITY DETERMINES THE PHYSICIAN'S FEE IS REASONABLE, PAYMENT FOR THE DISPUTE RESOLUTION PROCESS SHALL BE THE RESPONSIBILITY OF THE PATIENT UNLESS PAYMENT FOR THE DISPUTE RESOLUTION PROCESS WOULD POSE A HARDSHIP TO THE PATIENT. THE SUPERINTENDENT SHALL PROMULGATE A REGULATION TO DETERMINE PAYMENT FOR THE DISPUTE RESOLUTION PROCESS IN CASES OF HARDSHIP. WHEN THE INDEPENDENT DISPUTE RESOLUTION ENTITY DETERMINES THE PHYSICIAN'S FEE IS UNREASONABLE, PAYMENT FOR THE DISPUTE RESOLUTION PROCESS SHALL BE THE RESPONSIBILITY OF THE PHYSICIAN. S 27. This act shall take effect one year after it shall have become a law, provided, however, that: 1. if the amendments by chapter 514 of the laws of 2013 made to subsection (b) of section 4903 of the insurance law and subdivision 2 of section 4903 of the public health law, as amended by sections twelve and twenty-two of this act, respectively, take effect after such date, then sections twelve and twenty-two of this act shall take effect on the same date as chapter 514 of the laws of 2013 takes effect; 2. for policies renewed on and after such date this act shall take effect on the renewal date; 3. sections twelve, sixteen, seventeen, twenty-two and twenty-six of this act shall apply to health care services provided on and after such date; 4. sections eleven, thirteen, fourteen, fifteen, twenty-one, twenty- three, twenty-four and twenty-five of this act shall apply to denials issued on and after such date; and 5. effective immediately, the superintendent of financial services may promulgate any regulations necessary for the implementation of the provisions of this act on its effective date, and may certify one or more independent dispute resolution entities. PART V Section 1. The opening paragraph of subsection (k) of section 2101 of the insurance law, as added by chapter 687 of the laws of 2003, is amended to read as follows: In this article, "insurance producer" means an insurance agent, TITLE INSURANCE AGENT, TITLE INSURANCE SOLICITOR, insurance broker, reinsur- ance intermediary, excess lines broker, or any other person required to be licensed under the laws of this state to sell, solicit or negotiate insurance. Such term shall not include: S. 6357--B 78 A. 8557--B S 2. Paragraph 4 of subsection (k) of section 2101 of the insurance law is REPEALED and paragraphs 5, 6, 7, 8, 9, 10, 11, and 12 are renum- bered paragraphs 4, 5, 6, 7, 8, 9, 10, and 11. S 3. Section 2101 of the insurance law is amended by adding 3 new subsections (y), (z), and (aa) to read as follows: (Y) (1) IN THIS CHAPTER, "TITLE INSURANCE AGENT" MEANS ANY AUTHORIZED OR ACKNOWLEDGED AGENT OF A TITLE INSURANCE CORPORATION, AND ANY SUBAGENT OR OTHER REPRESENTATIVE OF SUCH AN AGENT, WHO OR WHICH FOR COMMISSION, COMPENSATION, OR ANY OTHER THING OF VALUE, PERFORMS THE FOLLOWING ACTS IN CONJUNCTION WITH THE ISSUANCE OF A TITLE INSURANCE POLICY: (A) DETERMINES INSURABILITY OR PREPARES OR ISSUES TITLE INSURANCE COMMITMENTS OR POLICIES, OR BOTH, BASED UPON THE PERFORMANCE OR REVIEW OF A SEARCH; AND (B) PERFORMS ONE OR MORE OF THE FOLLOWING FUNCTIONS: (I) COLLECTS, REMITS OR DISBURSES PREMIUM OR OTHER FUNDS; (II) HANDLES ESCROWS; (III) SELLS, SOLICITS OR NEGOTIATES TITLE INSURANCE BUSINESS; OR (IV) CLOSES TITLE, INCLUDING THE CLEARANCE OF TITLE EXCEPTIONS, IN CONNECTION WITH THE ISSUANCE OF A TITLE INSURANCE POLICY; (2) SUCH TERM SHALL NOT INCLUDE ANY REGULAR SALARIED OFFICER OR EMPLOYEE OF AN AUTHORIZED TITLE INSURANCE CORPORATION OR OF A LICENSED TITLE INSURANCE AGENT, WHO DOES NOT RECEIVE A COMMISSION OR OTHER COMPENSATION FOR SERVICES, WHICH COMMISSION OR OTHER COMPENSATION IS DIRECTLY DEPENDENT UPON THE AMOUNT OF TITLE INSURANCE BUSINESS DONE. (Z) IN THIS CHAPTER, "TITLE INSURANCE CLOSER" MEANS ANY PERSON WHO FOR COMPENSATION OR ANYTHING OF VALUE, REPRESENTS A TITLE INSURANCE CORPO- RATION OR TITLE INSURANCE AGENT AT THE CLOSING OF TITLE, EXCEPT THAT SUCH TERM SHALL NOT INCLUDE: (1) A LICENSED TITLE INSURANCE AGENT; OR (2) ANY REGULAR SALARIED OFFICER OR EMPLOYEE OF AN AUTHORIZED TITLE INSURANCE CORPORATION OR TITLE INSURANCE AGENT WHO DOES NOT RECEIVE A COMMISSION OR OTHER COMPENSATION THAT IS DIRECTLY DEPENDENT UPON THE AMOUNT OF TITLE INSURANCE BUSINESS DONE. (AA) IN THIS CHAPTER, "TITLE INSURANCE SOLICITOR" MEANS ANY PERSON, FIRM, ASSOCIATION OR CORPORATION, WHO OR WHICH, FOR COMPENSATION OR ANYTHING OF VALUE, SOLICITS TITLE INSURANCE ON BEHALF OF A TITLE INSUR- ANCE CORPORATION OR A TITLE INSURANCE AGENT, EXCEPT THAT SUCH TERM SHALL NOT INCLUDE: (1) A LICENSED TITLE INSURANCE AGENT; OR (2) ANY REGULAR SALARIED OFFICER OR EMPLOYEE OF AN AUTHORIZED TITLE INSURANCE CORPORATION OR TITLE INSURANCE AGENT WHO DOES NOT RECEIVE A COMMISSION OR OTHER COMPENSATION THAT IS DIRECTLY DEPENDENT UPON THE AMOUNT OF TITLE INSURANCE BUSINESS DONE. S 4. Subparagraph (A) of paragraph 1 of subsection (a) of section 2102 of the insurance law, as amended by section 8 of part I of chapter 61 of the laws of 2011, is amended to read as follows: (A) No person, firm, association or corporation shall act as an insur- ance producer, insurance adjuster [or], life settlement broker OR TITLE INSURANCE CLOSER in this state without having authority to do so by virtue of a license issued and in force pursuant to the provisions of this chapter. S 5. Subsection (a) of section 2109 of the insurance law, paragraph 3 as amended by chapter 687 of the laws of 2003, is amended to read as follows: (a) The superintendent may issue a temporary insurance agent's LICENSE, TITLE INSURANCE AGENT'S LICENSE or insurance broker's license, S. 6357--B 79 A. 8557--B or both AN INSURANCE AGENT'S AND INSURANCE BROKER'S LICENSE, without requiring the applicant to pass a written examination or to satisfy the requirements of subsection (c) of section two thousand one hundred four of this article except as to age, in the case of a license issued pursu- ant to paragraph two [hereof] OF THIS SUBSECTION, in the following cases: (1) in the case of the death of a person who at the time of his death was a licensed accident and health insurance agent under subsection (a) of section two thousand one hundred three of this article, a licensed insurance agent OR LICENSED TITLE INSURANCE AGENT under subsection (b) of such section or a licensed insurance broker: (A) to the executor or administrator of the estate of such deceased agent or broker; (B) to a surviving next of kin of such deceased agent or broker, where no administrator of his estate has been appointed and no executor has qualified under his duly probated will; (C) to the surviving member or members of a firm or association, which at the time of the death of a member was such a licensed insurance agent, LICENSED TITLE INSURANCE AGENT or licensed insurance broker; or (D) to an officer or director of a corporation upon the death of the only officer or director who was qualified as a sub-licensee or to the executor or administrator of the estate of such deceased officer or director; (2) to any person who may be designated by a person licensed pursuant to this chapter as an insurance agent, TITLE INSURANCE AGENT or an insurance broker, or both AN INSURANCE AGENT AND INSURANCE BROKER, and who is absent because of service in any branch of the armed forces of the United States, including a partnership or corporation [which] THAT is licensed pursuant to this chapter as an insurance agent, TITLE INSUR- ANCE AGENT or as an insurance broker, or both AN INSURANCE AGENT AND INSURANCE BROKER, in a case where the sub-licensee or all sub-licensees, if more than one, named in the license or licenses issued to such part- nership or corporation is or are absent because of service in any branch of the armed forces of the United States; and (3) to the next of kin of a person who has become totally disabled and prevented from pursuing any of the duties of his or her occupation, and who at the commencement of his or her disability was a licensed accident and health insurance agent under subsection (a) of section two thousand one hundred three of this article, a licensed insurance agent under subsection (b) of such section, A LICENSED TITLE INSURANCE AGENT or a licensed insurance broker. S 6. Subsection (c) of section 2109 of the insurance law is amended to read as follows: (c) Such license or licenses shall authorize the person or persons named therein to renew the business of the deceased, absent or disabled INSURANCE agent, TITLE INSURANCE AGENT, or INSURANCE broker, or both AN INSURANCE AGENT AND INSURANCE BROKER, as the case may be, or of the firm or, in the case of a license issued pursuant to paragraph one or three of subsection (a) [hereof] OF THIS SECTION, the association whose busi- ness is being continued thereunder, each such agent[,] OR broker[, firm or association] being referred to in this section as "original licen- see", expiring during the period in which such temporary license or licenses are in force, to collect premiums due and payable to the original licensee or, in the case of a license issued pursuant to para- graph one of subsection (a) [hereof] OF THIS SECTION, to his OR HER estate, and to perform such other acts as an insurance agent, A TITLE S. 6357--B 80 A. 8557--B INSURANCE AGENT or [as] an insurance broker, or both AN INSURANCE AGENT OR INSURANCE BROKER, as the case may be, as are incidental to the continuance of the insurance business of such original licensee. S 7. Section 2109 of the insurance law is amended by adding a new subsection (h) to read as follows: (H) (1) IN THE CASE OF A PERSON SEEKING A TEMPORARY LICENSE TO ACT AS A TITLE INSURANCE AGENT PURSUANT TO SUBSECTION (A) OF THIS SECTION, THE SUPERINTENDENT MAY ISSUE A LICENSE FOR A TERM NOT TO EXCEED ONE HUNDRED EIGHTY DAYS TO SUCH PERSON PROVIDED THE PERSON: (A) DEMONSTRATES TO THE SATISFACTION OF THE SUPERINTENDENT THAT A TITLE INSURANCE CORPORATION IS WILLING TO APPOINT HIM OR HER; (B) SUBMITS TO THE NEXT AVAILABLE TITLE INSURANCE AGENT EXAMINATION; AND (C) DEMONSTRATES TO THE SATISFACTION OF THE SUPERINTENDENT THAT HE OR SHE IS QUALIFIED, COMPETENT, EXPERIENCED AND TRUSTWORTHY TO ACT AS A TITLE INSURANCE AGENT. (2) ANY PERSON ISSUED A LICENSE PURSUANT TO THIS SUBSECTION SHALL, BY VIRTUE OF SUCH LICENSE, BE AUTHORIZED TO SOLICIT, NEGOTIATE OR SELL NEW POLICIES OF TITLE INSURANCE. S 8. The section heading and subsections (a) and (b) of section 2110 of the insurance law, as amended by chapter 499 of the laws of 2009, paragraph 15 of subsection (a) as added and paragraphs 16 and 17 of subsection (a) as renumbered by chapter 546 of the laws of 2013, are amended to read as follows: Revocation or suspension of license of insurance producer, insurance consultant, adjuster, TITLE INSURANCE CLOSER, or life settlement broker. (a) The superintendent may refuse to renew, revoke, or may suspend for a period the superintendent determines the license of any insurance producer, insurance consultant, adjuster, TITLE INSURANCE CLOSER or life settlement broker, if, after notice and hearing, the superintendent determines that the licensee or any sub-licensee has: (1) violated any insurance laws, or violated any regulation, subpoena or order of the superintendent or of another state's insurance commis- sioner, or has violated any law in the course of his or her dealings in such capacity; (2) provided materially incorrect, materially misleading, materially incomplete or materially untrue information in the license application; (3) obtained or attempted to obtain a license through misrepresen- tation or fraud; (4) (A) used fraudulent, coercive or dishonest practices; (B) demonstrated incompetence; (C) demonstrated untrustworthiness; or (D) demonstrated financial irresponsibility in the conduct of business in this state or elsewhere; (5) improperly withheld, misappropriated or converted any monies or properties received in the course of business in this state or else- where; (6) intentionally misrepresented the terms of an actual or proposed insurance contract, life settlement contract or application for insur- ance; (7) has been convicted of a felony; (8) admitted or been found to have committed any insurance unfair trade practice or fraud; (9) had an insurance producer license, INSURANCE CONSULTANT LICENSE, ADJUSTER LICENSE, A TITLE INSURANCE CLOSER LICENSE, a life settlement S. 6357--B 81 A. 8557--B broker license, or its equivalent, denied, suspended or revoked in any other state, province, district or territory; (10) forged another's name to an application for insurance or life settlement contract or to any document related to an insurance or life settlement transaction; (11) improperly used notes or any other reference material to complete an examination for an insurance license or life settlement broker license; (12) knowingly accepted insurance business from an individual who is not licensed; (13) failed to comply with an administrative or court order imposing a child support obligation; (14) failed to pay state income tax or comply with any administrative or court order directing payment of state income tax; (15) while acting as a public adjuster, the licensee has failed to act on behalf and in the best interests of the insured when negotiating for or effecting the settlement of an insurance claim for such insured or otherwise acting as a public adjuster, or has failed to make the disclo- sures required by paragraph two of subsection (s) of section two thou- sand one hundred eight of this article; (16) while acting as a life settlement broker, failed to protect the privacy of the insured or owner or other person for whom the life settlement broker was required to provide protection pursuant to article seventy-eight of this chapter; or (17) ceased to meet the requirements for licensure under this chapter. (b) Before revoking or suspending the license of any insurance produc- er, TITLE INSURANCE CLOSER, life settlement broker or other licensee pursuant to the provisions of this article, the superintendent shall, except when proceeding pursuant to subsection (f) of this section, give notice to the licensee and to every sub-licensee and shall hold, or cause to be held, a hearing not less than ten days after the giving of such notice. S 9. Subsections (a), (b), (c), and (d) of sections 2112 of the insur- ance law, subsection (a) as amended by chapter 540 of the laws of 1996, subsections (b) and (d) as amended by chapter 687 of the laws of 2003 and subsection (c) as amended by chapter 647 of the laws of 1992, are amended to read as follows: (a) Every insurer, fraternal benefit society or health maintenance organization doing business in this state shall file a certificate of appointment in such form as the superintendent may prescribe in order to appoint insurance agents, TITLE INSURANCE AGENTS, OR TITLE INSURANCE SOLICITORS to represent such insurer, fraternal benefit society or health maintenance organization; EXCEPT THAT A TITLE INSURANCE AGENT SHALL FILE A CERTIFICATE OF APPOINTMENT IN SUCH FORM AS THE SUPERINTEN- DENT MAY PRESCRIBE IN ORDER TO APPOINT A TITLE INSURANCE SOLICITOR TO ACT ON BEHALF OF SUCH TITLE INSURANCE AGENT. (b) To appoint a producer, the appointing insurer, OR IN THE CASE OF A TITLE INSURANCE SOLICITOR, THE APPOINTING TITLE INSURANCE AGENT OR INSURER, shall file, in a format approved by the superintendent, a notice of appointment within fifteen days from the date the agency contract is executed or the first insurance application is submitted. (c) Certificates of appointment shall be valid until [(i)] (1) termi- nated by the appointing insurer OR TITLE INSURANCE AGENT after a termi- nation in accordance with the provisions of the agency contract; [(ii)] (2) the license is suspended or revoked by the superintendent; or [(iii)] (3) the license expires and is not renewed. S. 6357--B 82 A. 8557--B (d) Every insurer, fraternal benefit society or health maintenance organization or insurance producer or the authorized representative of the insurer, fraternal benefit society, health maintenance organization or insurance producer doing business in this state shall, upon termi- nation of the certificate of appointment as set forth in subsection (a) of this section of any insurance agent, TITLE INSURANCE AGENT OR TITLE INSURANCE SOLICITOR licensed in this state, or upon termination for cause for activities as set forth in subsection (a) of section two thou- sand one hundred ten of this article, of the certificate of appointment, of employment, of a contract or other insurance business relationship with any insurance producer, file with the superintendent within thirty days a statement, in such form as the superintendent may prescribe, of the facts relative to such termination for cause. The insurer, fraternal benefit society, health maintenance organization, insurance producer or the authorized representative of the insurer, fraternal benefit society, health maintenance organization or insurance producer shall provide, within fifteen days after notification has been sent to the superinten- dent, a copy of the statement filed with the superintendent to the insurance producer at his, or her or its last known address by certified mail, return receipt requested, postage prepaid or by overnight delivery using a nationally recognized carrier. Every statement made pursuant to this subsection shall be deemed a privileged communication. S 10. The insurance law is amended by adding a new section 2113 to read as follows: S 2113. TITLE INSURANCE AGENT, TITLE INSURANCE SOLICITOR, AND TITLE INSURANCE CLOSER; COMMISSIONS. (A) NO INSURER DOING BUSINESS IN THIS STATE, AND NO AGENT OR OTHER REPRESENTATIVE THEREOF, SHALL PAY ANY COMMISSION OR OTHER COMPENSATION TO ANY PERSON, FIRM, ASSOCIATION OR CORPORATION FOR ACTING AS A TITLE INSURANCE AGENT IN THIS STATE, EXCEPT TO A LICENSED TITLE INSURANCE AGENT. (B) NO INSURER DOING BUSINESS IN THIS STATE, AND NO AGENT OR OTHER REPRESENTATIVE THEREOF, SHALL PAY ANY COMPENSATION TO ANY PERSON, FIRM, ASSOCIATION OR CORPORATION FOR ACTING AS A TITLE INSURANCE CLOSER IN THIS STATE, EXCEPT TO A LICENSED TITLE INSURANCE CLOSER. (C) NO INSURER DOING BUSINESS IN THIS STATE, AND NO AGENT OR OTHER REPRESENTATIVE THEREOF, SHALL PAY ANY COMPENSATION TO ANY PERSON, FIRM, ASSOCIATION OR CORPORATION FOR ACTING AS A TITLE INSURANCE SOLICITOR IN THIS STATE, EXCEPT TO A LICENSED TITLE INSURANCE SOLICITOR. (D) AT THE TIME OF THE APPLICATION, A TITLE INSURANCE AGENT SHALL PROVIDE TO EVERY APPLICANT FOR INSURANCE, A WRITTEN GOOD FAITH ESTIMATE OF THE PREMIUM ON THE POLICY OR POLICIES TO BE ISSUED AND A BREAKDOWN OF THE AMOUNT OF ALL FEES AND SERVICE COSTS, INCLUDING ALL FILING FEES AND CLOSING COSTS, AND ANY OTHER ANCILLARY OR DISCRETIONARY CHARGES TO BE INCURRED, AND THE AMOUNT OF ANY COMMISSION OR OTHER COMPENSATION TO BE PAID TO SUCH AGENT BY THE TITLE INSURANCE CORPORATION. IF NO TITLE INSURANCE AGENT IS UTILIZED, THE TITLE INSURER SHALL PROVIDE THE DISCLO- SURES. (E) FOR PURPOSES OF THIS CHAPTER, A TITLE INSURANCE CLOSER SHALL BE DEEMED TO BE THE APPOINTED REPRESENTATIVE OF THE TITLE INSURANCE CORPO- RATION OR TITLE INSURANCE AGENT THAT HAS ENGAGED SUCH TITLE INSURANCE CLOSER FOR THE CLOSING. (F) NOTHING IN THIS CHAPTER SHALL BE DEEMED TO OR BE CONSTRUED IN A MANNER TO AUTHORIZE OR PERMIT ANY ACTIVITY OR PRACTICE, WITH RESPECT TO THE BUSINESS OF TITLE INSURANCE, THAT IS PROHIBITED BY SECTION FOUR HUNDRED EIGHTY-FOUR OR FOUR HUNDRED NINETY-FIVE OF THE JUDICIARY LAW, OR OTHERWISE PROHIBITED BY LAW, INCLUDING THE UNAUTHORIZED PRACTICE OF LAW. S. 6357--B 83 A. 8557--B (G) NO PERSON OR ENTITY WHO ACTS AS AN AGENT, REPRESENTATIVE, ATTOR- NEY, OR EMPLOYEE OF THE OWNER, LESSEE, OR MORTGAGEE, OR PROSPECTIVE OWNER, LESSEE, OR MORTGAGEE OF THE REAL PROPERTY OR ANY INTEREST THEREIN AND WHO ALSO IS A MEMBER, EMPLOYEE, OR DIRECTOR OF A TITLE INSURANCE AGENT, OWNS ANY INTEREST IN A TITLE INSURANCE AGENT, OR IS A SUBSIDIARY OR AFFILIATE OF ANY TITLE INSURANCE AGENT, SHALL REFER AN APPLICANT FOR INSURANCE TO SUCH AGENT, AND NO SUCH TITLE INSURANCE AGENT SHALL ACCEPT ANY SUCH REFERRAL OF TITLE INSURANCE BUSINESS, UNLESS THE REFERRAL IS MADE IN ACCORDANCE WITH SECTION SIX THOUSAND FOUR HUNDRED NINE OF THIS CHAPTER AND SUCH PERSON OR ENTITY, AT THE TIME OF MAKING A REFERRAL, PROVIDES, AT A MINIMUM, THE FOLLOWING WRITTEN DISCLOSURE TO THE APPLI- CANT: (1) THE NATURE OF THE RELATIONSHIP BETWEEN THE PERSON OR ENTITY AND THE TITLE INSURANCE AGENT; (2) THAT THE PARTY BEING REFERRED IS NOT REQUIRED TO USE THE SERVICES OF THE TITLE INSURANCE AGENT OR THE TITLE INSURANCE CORPORATION TO WHICH THE PARTY IS BEING REFERRED; (3) THAT ANY MONEY OR OTHER THING OF VALUE DIRECTLY OR INDIRECTLY PAID BY THE TITLE INSURANCE AGENT OR TITLE INSURANCE CORPORATION TO THE PERSON OR ENTITY IS BASED ON THE PERSON OR ENTITY'S FINANCIAL INTEREST IN THE TITLE INSURANCE AGENT, AND IS NOT RELATED TO THE AMOUNT OF TITLE INSURANCE BUSINESS THE PERSON OR ENTITY REFERS TO THE TITLE INSURANCE AGENT; (4) THAT THE PERSON OR ENTITY IS NOT REQUIRED TO REFER A SPECIFIED AMOUNT OF TITLE INSURANCE BUSINESS TO THE TITLE INSURANCE AGENCY; AND (5) THE AMOUNT OR VALUE OF ANY COMPENSATION OR OTHER THING OF VALUE THAT THE PERSON OR ENTITY EXPECTS TO RECEIVE IN CONNECTION WITH THE SERVICES TO BE PROVIDED BY THE TITLE INSURANCE AGENT OR THE TITLE INSUR- ANCE CORPORATION TO WHICH THE PARTY IS BEING REFERRED. S 11. The section heading of section 2119 of the insurance law, as amended by chapter 499 of the laws of 2009, is amended and a new subsection (f) is added to read as follows: Insurance agents, brokers, consultants, [and] life settlement brokers, TITLE INSURANCE AGENTS AND TITLE INSURANCE CLOSERS; written contract for compensation; excess charges prohibited. (F) NO TITLE INSURANCE AGENT OR TITLE INSURANCE CLOSER MAY RECEIVE ANY COMPENSATION OR FEE, DIRECT OR INDIRECT, FOR OR ON ACCOUNT OF SERVICES PERFORMED IN CONNECTION WITH THE ISSUANCE OF A TITLE INSURANCE POLICY, UNLESS SUCH COMPENSATION IS: (1) FOR ANCILLARY SERVICES NOT ENCOMPASSED IN THE RATE OF PREMIUM APPROVED BY THE SUPERINTENDENT; AND (2) BASED UPON A WRITTEN MEMORANDUM SIGNED BY THE PARTY TO BE CHARGED, AND SPECI- FYING OR CLEARLY DEFINING THE AMOUNT OR EXTENT OF SUCH COMPENSATION. A COPY OF EVERY SUCH MEMORANDUM SHALL BE RETAINED BY THE LICENSEE FOR NOT LESS THAN THREE YEARS AFTER SUCH SERVICES HAVE BEEN FULLY PERFORMED. S 12. The section heading and subsections (a) and (c) of section 2120 of the insurance law are amended to read as follows: Fiduciary capacity of insurance agents, TITLE INSURANCE AGENTS, TITLE INSURANCE CLOSERS, insurance brokers and reinsurance intermediaries. (a) Every insurance agent, TITLE INSURANCE AGENT, TITLE INSURANCE CLOSER, and [every] insurance broker acting as such in this state shall be responsible in a fiduciary capacity for all funds received or collected as insurance agent or insurance broker, and shall not, without the express consent of his, HER or its principal, mingle any such funds with his, HER or its own funds or with funds held by him, HER or it in any other capacity. S. 6357--B 84 A. 8557--B (c) This section shall not require any such INSURANCE agent, TITLE INSURANCE AGENT, TITLE INSURANCE CLOSER, INSURANCE broker or reinsurance intermediary to maintain a separate bank deposit for the funds of each such principal, if and as long as the funds so held for each such prin- cipal are reasonably ascertainable from the books of account and records of such agent, broker or reinsurance intermediary, as the case may be. S 13. The section heading and subsection (a) of section 2122 of the insurance law are amended to read as follows: Advertising by insurance [agents and brokers] PRODUCERS. (a) (1) No insurance [agent or insurance broker] PRODUCER shall make or issue in this state any advertisement, sign, pamphlet, circular, card or other public announcement purporting to make known the financial condition of any insurer, unless the same shall conform to the requirements of section one thousand three hundred thirteen of this chapter. (2) No insurance [agent, insurance broker] PRODUCER or other person, shall, by any advertisement or public announcement in this state, call attention to any unauthorized insurer or insurers. S 14. Subsections (a) and (b) of section 2128 of the insurance law, subsection (b) as further amended by section 104 of part A of chapter 62 of the laws of 2011, are amended to read as follows: (a) Notwithstanding the provisions of sections two thousand three hundred twenty-four and four thousand two hundred twenty-four of this chapter, no [insurance agent, insurance broker, insurance consultant, excess line broker, reinsurance intermediary or insurance adjuster] LICENSEE SUBJECT TO THIS ARTICLE shall receive any commissions or fees or shares thereof in connection with insurance coverages placed for or insurance services rendered to the state, its agencies and departments, public benefit corporations, municipalities and other governmental subdivisions in this state, unless such [insurance agent, insurance broker, insurance consultant, excess line broker, reinsurance interme- diary or insurance adjuster] LICENSEE actually placed insurance cover- ages on behalf of or rendered insurance services to the state, its agen- cies and departments, public benefit corporations, municipalities and other governmental subdivisions in this state. (b) The superintendent shall, by regulation, require [insurance agents, insurance brokers, insurance consultants, excess line brokers, reinsurance intermediaries and insurance adjusters] LICENSEES SUBJECT TO THIS ARTICLE to file disclosure statements with the department of finan- cial services and the most senior official of the governmental unit involved, with respect to any insurance coverages placed for or insur- ance services rendered to the state, its agencies and departments, public benefit corporations, municipalities and other governmental subdivisions in this state, EXCEPT THAT NEITHER A TITLE INSURANCE CORPO- RATION NOR A TITLE INSURANCE AGENT SHALL BE REQUIRED TO FILE A DISCLO- SURE STATEMENT IF AN INDUSTRIAL DEVELOPMENT AGENCY, STATE OF NEW YORK MORTGAGE AGENCY OR ITS SUCCESSOR, OR ANY SIMILAR TYPE OF ENTITY, IS THE NAMED INSURED UNDER THE POLICY AND IS A MORTGAGEE WITH RESPECT TO THE PROPERTY INSURED. S 15. Subsections (a) and (b) of section 2132 of the insurance law, as amended by chapter 499 of the laws of 2009, are amended to read as follows: (a) This section shall apply to resident and non-resident persons licensed pursuant to this article with respect to: (1) life insurance, annuity contracts, variable annuity contracts and variable life insurance; (2) sickness, accident and health insurance; S. 6357--B 85 A. 8557--B (3) all lines of property and casualty insurance; [and] (4) life settlements[.]; AND (5) TITLE INSURANCE. (b) This section shall not apply to: (1) those persons holding licenses for which an examination is not required by the laws of this state; (2) any limited licensees or any other licensees as the superintendent may exempt subject to any continuing education requirements deemed appropriate by the superintendent; [or] (3) for purposes of the continuing education requirements for life settlements, an insurance producer with a life line of authority who is acting as a life settlement broker pursuant to section two thousand one hundred thirty-seven of this article; OR (4) FOR PURPOSES OF A TITLE INSURANCE AGENT LICENSE, AN ATTORNEY LICENSED TO PRACTICE LAW IN THIS STATE. S 16. The insurance law is amended by adding a new section 2139 to read as follows: S 2139. FINGERPRINTING. (A) (1) EXCEPT AS PROVIDED IN SUBSECTION (B) OF THIS SECTION, THE SUPERINTENDENT MAY REQUIRE ANY INDIVIDUAL NAMED IN AN APPLICATION FOR A LICENSE UNDER SECTION TWO THOUSAND ONE HUNDRED FORTY, TWO THOUSAND ONE HUNDRED FORTY-ONE, OR TWO THOUSAND ONE HUNDRED FORTY-TWO OF THIS ARTICLE TO SUBMIT A SET OF FINGERPRINTS. SUCH FINGER- PRINTS SHALL BE SUBMITTED TO THE DIVISION OF CRIMINAL JUSTICE SERVICES FOR A STATE CRIMINAL HISTORY RECORD CHECK, AND MAY BE SUBMITTED TO THE FEDERAL BUREAU OF INVESTIGATION FOR A NATIONAL CRIMINAL HISTORY RECORD CHECK. ALL SUCH CRIMINAL HISTORY RECORDS MADE AVAILABLE TO THE SUPER- INTENDENT PURSUANT TO THIS SECTION SHALL BE CONFIDENTIAL PURSUANT TO THE APPLICABLE FEDERAL AND STATE LAWS, RULES AND REGULATIONS, AND SHALL NOT BE PUBLISHED OR IN ANY WAY DISCLOSED TO PERSONS OTHER THAN THE SUPER- INTENDENT, UNLESS OTHERWISE AUTHORIZED BY LAW. (2) THE SUPERINTENDENT SHALL INFORM SUCH APPLICANT THAT HE OR SHE MAY OBTAIN A COPY OF HIS OR HER CRIMINAL HISTORY RECORD MAINTAINED BY THE DIVISION OF CRIMINAL JUSTICE SERVICES, IF ANY, AND MAY CHALLENGE THE COMPLETENESS OR ACCURACY OF THE INFORMATION CONTAINED IN SUCH RECORD, PURSUANT TO REGULATIONS AND PROCEDURES ESTABLISHED BY THE DIVISION OF CRIMINAL JUSTICE SERVICES. (3) ALL DETERMINATIONS TO GRANT OR DENY CLEARANCE FOR LICENSURE PURSU- ANT TO THIS SECTION SHALL BE IN ACCORDANCE WITH SUBDIVISION SIXTEEN OF SECTION TWO HUNDRED NINETY-SIX OF THE EXECUTIVE LAW AND ARTICLE TWENTY- THREE-A OF THE CORRECTION LAW. WHEN THE SUPERINTENDENT DENIES AN APPLI- CATION, WRITTEN NOTICE OF SUCH DETERMINATION SHALL BE GIVEN TO THE PROSPECTIVE APPLICANT WHO SHALL BE AFFORDED NOTICE AND THE RIGHT TO BE HEARD AND OFFER PROOF IN OPPOSITION TO SUCH DETERMINATION. (B) THE SUPERINTENDENT SHALL WAIVE THE FINGERPRINTING REQUIREMENT FOR A NONRESIDENT PRODUCER LICENSE APPLICANT AS PROVIDED IN SECTION TWO THOUSAND ONE HUNDRED THIRTY-SIX OF THIS ARTICLE. S 17. The insurance law is amended by adding a new section 2140 to read as follows: S 2140. TITLE INSURANCE AGENTS; LICENSING. (A) THE SUPERINTENDENT MAY ISSUE A LICENSE TO ANY PERSON, FIRM, ASSOCIATION OR CORPORATION THAT HAS COMPLIED WITH THE REQUIREMENTS OF THIS CHAPTER, AUTHORIZING THE LICENSEE TO ACT AS A TITLE INSURANCE AGENT OF ANY AUTHORIZED TITLE INSURANCE CORPORATION, PROVIDED THAT SUCH TITLE INSURANCE AGENT DEMONSTRATES FINANCIAL ACCOUNTABILITY AS EVIDENCED BY A BOND OR OTHER METHOD OF FINANCIAL ACCOUNTABILITY IN AN AMOUNT NOT LESS THAN FIFTY THOUSAND DOLLARS. S. 6357--B 86 A. 8557--B (B) ANY SUCH LICENSE ISSUED TO A FIRM OR ASSOCIATION SHALL AUTHORIZE ONLY THE MEMBERS THEREOF, NAMED IN SUCH LICENSE AS SUB-LICENSEES, TO ACT INDIVIDUALLY AS TITLE INSURANCE AGENTS THEREUNDER, AND ANY SUCH LICENSE ISSUED TO A CORPORATION SHALL AUTHORIZE ONLY THE OFFICERS AND DIRECTORS THEREOF, NAMED IN SUCH LICENSE AS SUB-LICENSEES, TO ACT INDIVIDUALLY AS TITLE INSURANCE AGENTS THEREUNDER. EVERY SUB-LICENSEE ACTING AS TITLE INSURANCE AGENT PURSUANT TO SUCH A LICENSE SHALL BE AUTHORIZED SO TO ACT ONLY IN THE NAME OF THE LICENSEE. IN THE CASE OF A LICENSE ISSUED TO A TITLE INSURANCE AGENT, AT LEAST ONE DESIGNATED SUB-LICENSEE MUST HAVE A FINANCIAL OR OTHER BENEFICIAL INTEREST IN THE LICENSEE. (C) EVERY INDIVIDUAL APPLICANT FOR A LICENSE UNDER THIS SECTION AND EVERY PROPOSED LICENSEE SHALL BE EIGHTEEN YEARS OF AGE OR OLDER AT THE TIME OF THE ISSUANCE OF SUCH LICENSE. (D) BEFORE ANY ORIGINAL TITLE INSURANCE AGENT'S LICENSE IS ISSUED, THERE SHALL BE ON FILE IN THE OFFICE OF THE SUPERINTENDENT AN APPLICA- TION BY THE PROSPECTIVE LICENSEE IN SUCH FORM OR FORMS AND SUPPLEMENTS THERETO, ALONG WITH A FEE IN THE AMOUNT OF FORTY DOLLARS FOR EACH YEAR OR FRACTION OF A YEAR IN WHICH THE LICENSE SHALL BE VALID, AND CONTAIN- ING INFORMATION THE SUPERINTENDENT PRESCRIBES. (E) THE SUPERINTENDENT SHALL, IN ORDER TO DETERMINE THE COMPETENCY OF EVERY INDIVIDUAL APPLICANT AND OF EVERY PROPOSED SUB-LICENSEE FOR THE TITLE INSURANCE AGENT LICENSE, REQUIRE SUCH INDIVIDUAL TO SUBMIT TO A PERSONAL WRITTEN EXAMINATION AND TO PASS THE SAME TO THE SATISFACTION OF THE SUPERINTENDENT. THE EXAMINATION SHALL BE HELD AT SUCH TIMES AND PLACES AS THE SUPERINTENDENT SHALL FROM TIME TO TIME DETERMINE. EVERY INDIVIDUAL APPLYING TO TAKE ANY WRITTEN EXAMINATION SHALL, AT THE TIME OF APPLYING THEREFOR, PAY TO THE SUPERINTENDENT OR, AT THE DISCRETION OF THE SUPERINTENDENT, DIRECTLY TO ANY ORGANIZATION THAT IS UNDER CONTRACT TO PROVIDE EXAMINATION SERVICES, AN EXAMINATION FEE OF AN AMOUNT THAT IS THE ACTUAL DOCUMENTED ADMINISTRATIVE COST OF CONDUCTING SAID QUALIFYING EXAMINATION AS CERTIFIED BY THE SUPERINTENDENT FROM TIME TO TIME. AN EXAMINATION FEE REPRESENTS AN ADMINISTRATIVE EXPENSE AND SHALL NOT BE REFUNDABLE. THE SUPERINTENDENT MAY ACCEPT, IN LIEU OF ANY SUCH EXAMINA- TION, THE RESULT OF ANY PREVIOUS WRITTEN EXAMINATION, GIVEN BY THE SUPERINTENDENT, WHICH IN THE SUPERINTENDENT'S JUDGMENT, IS EQUIVALENT TO THE EXAMINATION FOR WHICH IT IS SUBSTITUTED. (F) EVERY INDIVIDUAL SEEKING TO QUALIFY TO OBTAIN A LICENSE UNDER SUBSECTION (B) OF THIS SECTION SHALL BE REQUIRED TO PASS THE TYPE OR TYPES OF EXAMINATION PRESCRIBED BY THE SUPERINTENDENT. AN INDIVIDUAL SHALL NOT BE DEEMED QUALIFIED TO TAKE THE EXAMINATION UNLESS THE INDI- VIDUAL HAS SUCCESSFULLY COMPLETED A COURSE OR COURSES, APPROVED AS TO METHOD AND CONTENT BY THE SUPERINTENDENT, COVERING THE TITLE INSURANCE BUSINESS AND REQUIRING NOT LESS THAN TWENTY HOURS OF CLASSROOM WORK, IN INSTITUTIONS OF LEARNING MEETING THE STANDARDS PRESCRIBED BY PARAGRAPH ONE OF SUBSECTION (A) OF SECTION TWO THOUSAND ONE HUNDRED FOUR OF THIS ARTICLE. (G) NO SUCH WRITTEN EXAMINATION OR PRE-LICENSING EDUCATION SHALL BE REQUIRED OF ANY: (1) APPLICANT WHO FILES AN APPLICATION UNDER THIS SECTION WITHIN ONE YEAR AFTER THE EFFECTIVE DATE OF THIS SUBSECTION AND WHO DEMONSTRATES TO THE SATISFACTION OF THE SUPERINTENDENT THAT SUCH APPLICANT OR ITS PROSPECTIVE SUB-LICENSEE HAS, WITHOUT INTERRUPTION, REGULARLY AND CONTINUOUSLY PERFORMED THE FUNCTIONS OF A TITLE INSURANCE AGENT FOR A PERIOD OF AT LEAST FIVE YEARS IMMEDIATELY PRECEDING THE FILING OF SUCH APPLICATION AND IS COMPETENT AND TRUSTWORTHY TO ACT AS A TITLE INSURANCE AGENT; S. 6357--B 87 A. 8557--B (2) APPLICANT WHO HAS PASSED THE WRITTEN EXAMINATION GIVEN BY THE SUPERINTENDENT FOR A TITLE INSURANCE AGENT'S LICENSE AND WAS LICENSED AS SUCH, OR OF AN APPLICANT WHO WAS LICENSED AS A TITLE INSURANCE AGENT BUT DID NOT PASS SUCH AN EXAMINATION, PROVIDED THE APPLICANT APPLIES WITHIN TWO YEARS FOLLOWING THE DATE OF TERMINATION OF THE APPLICANT'S LICENSE; OR (3) APPLICANT SEEKING TO OBTAIN A LICENSE AS A TITLE INSURANCE AGENT, WHEN SUCH APPLICANT IS A LICENSED ATTORNEY-AT-LAW IN THIS STATE. (H) THE SUPERINTENDENT MAY REFUSE TO ISSUE TO AN APPLICANT A TITLE INSURANCE AGENT'S LICENSE IF, IN THE SUPERINTENDENT'S JUDGMENT, THE PROPOSED LICENSEE OR ANY SUB-LICENSEE: (1) IS NOT TRUSTWORTHY AND COMPETENT TO ACT AS SUCH AGENT; (2) HAS GIVEN CAUSE FOR THE REVOCATION OR SUSPENSION OF SUCH A LICENSE; OR (3) HAS FAILED TO COMPLY WITH ANY PREREQUISITE FOR THE ISSUANCE OF SUCH LICENSE. (I) (1) EVERY LICENSE ISSUED TO A BUSINESS ENTITY PURSUANT TO SUBSECTION (A) OF THIS SECTION SHALL EXPIRE ON JUNE THIRTIETH OF ODD-NUMBERED YEARS. (2) EVERY LICENSE ISSUED TO AN INDIVIDUAL BORN IN AN ODD-NUMBERED YEAR SHALL EXPIRE ON THE INDIVIDUAL'S BIRTHDAY IN EACH ODD-NUMBERED YEAR. LICENSES ISSUED TO INDIVIDUALS BORN IN EVEN-NUMBERED YEARS SHALL EXPIRE ON THE INDIVIDUAL'S BIRTHDAY IN EACH EVEN-NUMBERED YEAR. (3) EVERY LICENSE MAY BE RENEWED FOR THE ENSUING PERIOD OF TWENTY-FOUR MONTHS UPON THE FILING OF AN APPLICATION IN CONFORMITY WITH THIS SUBSECTION. (4) THE LICENSE MAY BE ISSUED FOR ALL OF SUCH TWO YEAR TERMS, OR UPON APPLICATION MADE DURING ANY SUCH TERM, FOR THE BALANCE THEREOF. (5) ANY LICENSE SHALL BE CONSIDERED IN GOOD STANDING WITHIN THE LICENSE TERM UNLESS: (A) REVOKED OR SUSPENDED BY THE SUPERINTENDENT PURSUANT TO THIS ARTI- CLE; OR (B) IF AT THE EXPIRATION DATE OF THE LICENSE TERM, THE LICENSEE FAILS TO FILE A RENEWAL APPLICATION, PROVIDED THE LICENSE WAS IN GOOD STANDING DURING THE TERM. (6) BEFORE THE RENEWAL OF ANY TITLE INSURANCE AGENT'S LICENSE SHALL BE ISSUED, THE LICENSEE SHALL HAVE: (A) FILED A COMPLETED RENEWAL APPLICATION IN SUCH FORM OR FORMS, AND SUPPLEMENTS THERETO, AND CONTAINING SUCH INFORMATION AS THE SUPERINTEN- DENT MAY PRESCRIBE; AND (B) PAID SUCH FEES AS ARE PRESCRIBED IN THIS SECTION. (7) IF AN APPLICATION FOR A RENEWAL LICENSE SHALL HAVE BEEN FILED WITH THE SUPERINTENDENT BEFORE THE EXPIRATION OF SUCH LICENSE, THEN THE LICENSE SOUGHT TO BE RENEWED SHALL CONTINUE IN FULL FORCE AND EFFECT EITHER UNTIL THE ISSUANCE BY THE SUPERINTENDENT OF THE RENEWAL LICENSE APPLIED FOR OR UNTIL FIVE DAYS AFTER THE SUPERINTENDENT SHALL HAVE REFUSED TO ISSUE SUCH RENEWAL LICENSE AND SHALL HAVE GIVEN NOTICE OF SUCH REFUSAL TO THE APPLICANT AND TO EACH PROPOSED SUB-LICENSEE. BEFORE REFUSING TO RENEW ANY SUCH LICENSE, EXCEPT ON THE GROUND OF FAILURE TO PASS A WRITTEN EXAMINATION, THE SUPERINTENDENT SHALL NOTIFY THE APPLI- CANT OF THE SUPERINTENDENT'S INTENTION TO DO SO AND SHALL GIVE THE APPLICANT A HEARING. (8) THE SUPERINTENDENT MAY, IN ISSUING A RENEWAL LICENSE, DISPENSE WITH THE REQUIREMENTS OF A VERIFIED APPLICATION BY ANY INDIVIDUAL LICEN- SEE OR SUB-LICENSEE WHO, BY REASON OF BEING ENGAGED IN ANY MILITARY SERVICE FOR THE UNITED STATES, IS UNABLE TO MAKE PERSONAL APPLICATION S. 6357--B 88 A. 8557--B FOR SUCH RENEWAL LICENSE, UPON THE FILING OF AN APPLICATION ON BEHALF OF SUCH INDIVIDUAL, IN SUCH FORM AS THE SUPERINTENDENT SHALL PRESCRIBE, BY SOME PERSON OR PERSONS WHO IN HIS OR HER JUDGMENT HAVE KNOWLEDGE OF THE FACTS AND WHO MAKE AFFIDAVIT SHOWING SUCH MILITARY SERVICE AND THE INABILITY OF SUCH TITLE INSURANCE AGENT TO MAKE PERSONAL APPLICATION. (9) AN INDIVIDUAL LICENSEE OR SUB-LICENSEE WHO IS UNABLE TO COMPLY WITH LICENSE RENEWAL PROCEDURES DUE TO OTHER EXTENUATING CIRCUMSTANCES, SUCH AS A LONG-TERM MEDICAL DISABILITY, MAY REQUEST A WAIVER OF SUCH PROCEDURES, IN SUCH FORM AS THE SUPERINTENDENT SHALL PRESCRIBE. THE LICENSEE OR SUB-LICENSEE MAY ALSO REQUEST A WAIVER OF ANY EXAMINATION REQUIREMENT OR ANY OTHER FINE OR SANCTION IMPOSED FOR FAILURE TO COMPLY WITH RENEWAL PROCEDURES. (10) AN APPLICATION FOR THE RENEWAL OF A LICENSE SHALL BE FILED WITH THE SUPERINTENDENT NOT LESS THAN SIXTY DAYS PRIOR TO THE DATE THE LICENSE EXPIRES OR THE APPLICANT SHALL BE SUBJECT TO A FURTHER FEE OF TEN DOLLARS FOR LATE FILING. (11) NO LICENSE FEE SHALL BE REQUIRED OF ANY PERSON WHO SERVED AS A MEMBER OF THE ARMED FORCES OF THE UNITED STATES AT ANY TIME, AND WHO SHALL HAVE BEEN DISCHARGED THEREFROM UNDER CONDITIONS OTHER THAN DISHONORABLE, IN A CURRENT LICENSING PERIOD FOR THE DURATION OF SUCH PERIOD. (12) EXCEPT WHERE A CORPORATION, ASSOCIATION OR FIRM LICENSED AS A TITLE INSURANCE AGENT IS APPLYING TO ADD A SUB-LICENSEE OR THE DATE OF THE EXPIRATION OF THE LICENSE IS CHANGED, THERE SHALL BE NO FEE REQUIRED FOR THE ISSUANCE OF AN AMENDED LICENSE. (13) THE SUPERINTENDENT MAY ISSUE A REPLACEMENT LICENSE FOR A CURRENT- LY IN-FORCE LICENSE THAT HAS BEEN LOST OR DESTROYED. BEFORE SUCH REPLACEMENT LICENSE SHALL BE ISSUED, THERE SHALL BE ON FILE IN THE OFFICE OF THE SUPERINTENDENT A WRITTEN APPLICATION FOR SUCH REPLACEMENT LICENSE, AFFIRMING UNDER PENALTY OF PERJURY THAT THE ORIGINAL LICENSE HAS BEEN LOST OR DESTROYED, TOGETHER WITH A FEE OF FIFTEEN DOLLARS. (J) THE SUPERINTENDENT MAY REFUSE TO ISSUE A LICENSE OR RENEWAL LICENSE, AS THE CASE MAY BE, TO ANY APPLICANT IF THE SUPERINTENDENT FINDS THAT SUCH APPLICANT HAS BEEN OR WILL BE RECEIVING ANY BENEFIT OR ADVANTAGE IN VIOLATION OF SECTION SIX THOUSAND FOUR HUNDRED NINE OF THIS CHAPTER, OR IF THE SUPERINTENDENT FINDS THAT MORE THAN TEN PERCENT OF THE AGGREGATE NET COMMISSIONS OR OTHER COMPENSATION RECEIVED DURING THE TERM OF THE EXISTING LICENSE, IF ANY, OR TO BE RECEIVED DURING THE TERM OF THE LICENSE APPLIED FOR, BY THE APPLICANT, RESULTED OR WILL RESULT FROM INSURANCE ON THE PROPERTY AND RISKS SET FORTH IN SUBPARAGRAPHS (A), (B) AND (C) OF PARAGRAPH ONE OF SUBSECTION (I) OF SECTION TWO THOUSAND ONE HUNDRED THREE OF THIS ARTICLE, EXCEPT THAT IN DETERMINING THE TEN PERCENT, THE AGGREGATE NET COMMISSIONS OR OTHER COMPENSATION SHALL NOT INCLUDE COMMISSIONS OR OTHER COMPENSATION FROM MORTGAGE REFINANCING TRANSACTIONS INVOLVING REAL PROPERTY USED PREDOMINANTLY FOR RESIDENTIAL PURPOSES AND WHICH CONSISTS OF NOT MORE THAN FOUR DWELLING UNITS, OTHER THAN HOTELS AND MOTELS. EVERY LICENSEE SUBJECT TO THIS CHAPTER SHALL CERTIFY AT THE TIME OF LICENSING OR UPON RENEWAL TO THE SUPERINTENDENT THAT SUCH LICENSEE IS IN COMPLIANCE WITH THIS SUBSECTION. S 18. The insurance law is amended by adding a new section 2141 to read as follows: S 2141. TITLE INSURANCE CLOSERS; LICENSING. (A) THE SUPERINTENDENT MAY ISSUE A LICENSE TO ANY INDIVIDUAL WHO HAS COMPLIED WITH THE REQUIREMENTS OF THIS CHAPTER, AUTHORIZING THE LICENSEE TO ACT AS A TITLE INSURANCE CLOSER FOR ANY AUTHORIZED TITLE INSURANCE CORPORATION OR TITLE INSURANCE AGENT. S. 6357--B 89 A. 8557--B (B) EVERY INDIVIDUAL APPLICANT FOR A LICENSE UNDER THIS SECTION SHALL BE EIGHTEEN YEARS OF AGE OR OLDER AT THE TIME OF THE ISSUANCE OF SUCH LICENSE. (C) BEFORE ANY ORIGINAL TITLE INSURANCE CLOSER'S LICENSE IS ISSUED, THERE SHALL BE ON FILE IN THE OFFICE OF THE SUPERINTENDENT AN APPLICA- TION BY THE PROSPECTIVE LICENSEE IN SUCH FORM OR FORMS AND SUPPLEMENTS THERETO, ALONG WITH A FEE IN THE AMOUNT OF FORTY DOLLARS FOR EACH YEAR OR FRACTION OF A YEAR IN WHICH THE LICENSE SHALL BE VALID, AND CONTAIN- ING INFORMATION THE SUPERINTENDENT PRESCRIBES. (D) THE SUPERINTENDENT SHALL, IN ORDER TO DETERMINE THE COMPETENCY OF EVERY INDIVIDUAL APPLICANT FOR THE TITLE INSURANCE CLOSER LICENSE, REQUIRE SUCH INDIVIDUAL TO SUBMIT TO A PERSONAL WRITTEN EXAMINATION AND TO PASS THE SAME TO THE SATISFACTION OF THE SUPERINTENDENT. THE EXAMINA- TION SHALL BE HELD AT SUCH TIMES AND PLACES AS THE SUPERINTENDENT SHALL FROM TIME TO TIME DETERMINE. EVERY INDIVIDUAL APPLYING TO TAKE ANY WRIT- TEN EXAMINATION SHALL, AT THE TIME OF APPLYING THEREFOR, PAY TO THE SUPERINTENDENT OR, AT THE DISCRETION OF THE SUPERINTENDENT, DIRECTLY TO ANY ORGANIZATION THAT IS UNDER CONTRACT TO PROVIDE EXAMINATION SERVICES, AN EXAMINATION FEE OF AN AMOUNT THAT IS THE ACTUAL DOCUMENTED ADMINIS- TRATIVE COST OF CONDUCTING SAID QUALIFYING EXAMINATION AS CERTIFIED BY THE SUPERINTENDENT FROM TIME TO TIME. AN EXAMINATION FEE REPRESENTS AN ADMINISTRATIVE EXPENSE AND SHALL NOT BE REFUNDABLE. THE SUPERINTENDENT MAY ACCEPT, IN LIEU OF ANY SUCH EXAMINATION, THE RESULT OF ANY PREVIOUS WRITTEN EXAMINATION, GIVEN BY THE SUPERINTENDENT, WHICH IN THE SUPER- INTENDENT'S JUDGMENT, IS EQUIVALENT TO THE EXAMINATION FOR WHICH IT IS SUBSTITUTED. (E) EVERY INDIVIDUAL SEEKING TO QUALIFY TO OBTAIN A LICENSE UNDER SUBSECTION (B) OF THIS SECTION SHALL BE REQUIRED TO PASS THE TYPE OR TYPES OF EXAMINATION PRESCRIBED BY THE SUPERINTENDENT. AN INDIVIDUAL SHALL NOT BE DEEMED QUALIFIED TO TAKE THE EXAMINATION UNLESS THE INDI- VIDUAL HAS SUCCESSFULLY COMPLETED A COURSE OR COURSES, APPROVED AS TO METHOD AND CONTENT BY THE SUPERINTENDENT, COVERING THE TITLE INSURANCE BUSINESS AND REQUIRING NOT LESS THAN TWENTY HOURS OF CLASSROOM WORK, IN INSTITUTIONS OF LEARNING MEETING THE STANDARDS PRESCRIBED BY PARAGRAPH ONE OF SUBSECTION (A) OF SECTION TWO THOUSAND ONE HUNDRED FOUR OF THIS ARTICLE. (F) NO SUCH WRITTEN EXAMINATION OR PRE-LICENSING EDUCATION SHALL BE REQUIRED OF ANY: (1) INDIVIDUAL WHO FILES AN APPLICATION UNDER THIS SECTION WITHIN ONE YEAR AFTER THE EFFECTIVE DATE OF THIS SUBSECTION AND WHO DEMONSTRATES TO THE SATISFACTION OF THE SUPERINTENDENT THAT SUCH APPLICANT HAS, WITHOUT INTERRUPTION, REGULARLY AND CONTINUOUSLY PERFORMED THE FUNCTIONS OF A TITLE INSURANCE CLOSER FOR A PERIOD OF AT LEAST FIVE YEARS IMMEDIATELY PRECEDING THE FILING OF SUCH APPLICATION AND IS COMPETENT AND TRUSTWOR- THY TO ACT AS A TITLE INSURANCE CLOSER; (2) APPLICANT WHO HAS PASSED THE WRITTEN EXAMINATION GIVEN BY THE SUPERINTENDENT FOR A TITLE INSURANCE CLOSER'S LICENSE AND WAS LICENSED AS SUCH, OR OF AN APPLICANT WHO WAS LICENSED AS A TITLE INSURANCE CLOSER BUT DID NOT PASS SUCH AN EXAMINATION, PROVIDED THE APPLICANT APPLIES WITHIN TWO YEARS FOLLOWING THE DATE OF TERMINATION OF THE APPLICANT'S LICENSE; OR (3) APPLICANT SEEKING TO OBTAIN A LICENSE AS A TITLE INSURANCE CLOSER, WHEN SUCH APPLICANT IS A LICENSED ATTORNEY-AT-LAW IN THIS STATE. (G) THE SUPERINTENDENT MAY REFUSE TO ISSUE TO AN APPLICANT A TITLE INSURANCE CLOSER'S LICENSE IF, IN THE SUPERINTENDENT'S JUDGMENT, THE PROPOSED LICENSEE: S. 6357--B 90 A. 8557--B (1) IS NOT TRUSTWORTHY AND COMPETENT TO ACT AS SUCH CLOSER; (2) HAS GIVEN CAUSE FOR THE REVOCATION OR SUSPENSION OF SUCH A LICENSE; OR (3) HAS FAILED TO COMPLY WITH ANY PREREQUISITE FOR THE ISSUANCE OF SUCH LICENSE. (H) (1) EVERY LICENSE ISSUED TO AN INDIVIDUAL BORN IN AN ODD-NUMBERED YEAR SHALL EXPIRE ON THE INDIVIDUAL'S BIRTHDAY IN EACH ODD-NUMBERED YEAR. LICENSES ISSUED TO INDIVIDUALS BORN IN EVEN-NUMBERED YEARS SHALL EXPIRE ON THE INDIVIDUAL'S BIRTHDAY IN EACH EVEN-NUMBERED YEAR. EVERY SUCH LICENSE MAY BE RENEWED FOR THE ENSUING PERIOD OF TWENTY-FOUR MONTHS UPON THE FILING OF AN APPLICATION IN CONFORMITY WITH THIS SUBSECTION. (2) THE LICENSE MAY BE ISSUED FOR ALL OF SUCH TWO YEAR TERMS, OR UPON APPLICATION MADE DURING ANY SUCH TERM, FOR THE BALANCE THEREOF. (3) ANY LICENSE SHALL BE CONSIDERED IN GOOD STANDING WITHIN THE LICENSE TERM UNLESS: (A) REVOKED OR SUSPENDED BY THE SUPERINTENDENT PURSUANT TO THIS ARTI- CLE; OR (B) IF AT THE EXPIRATION DATE OF THE LICENSE TERM, THE LICENSEE FAILS TO FILE A RENEWAL APPLICATION, PROVIDED THE LICENSE WAS IN GOOD STANDING DURING THE TERM. (4) BEFORE THE RENEWAL OF ANY TITLE INSURANCE CLOSER'S LICENSE SHALL BE ISSUED, THE LICENSEE SHALL HAVE: (A) FILED A COMPLETED RENEWAL APPLICATION IN SUCH FORM OR FORMS, AND SUPPLEMENTS THERETO, AND CONTAINING SUCH INFORMATION AS THE SUPERINTEN- DENT MAY PRESCRIBE; AND (B) PAID SUCH FEES AS ARE PRESCRIBED IN THIS SECTION. (5) IF AN APPLICATION FOR A RENEWAL LICENSE SHALL HAVE BEEN FILED WITH THE SUPERINTENDENT BEFORE THE EXPIRATION OF SUCH LICENSE, THEN THE LICENSE SOUGHT TO BE RENEWED SHALL CONTINUE IN FULL FORCE AND EFFECT EITHER UNTIL THE ISSUANCE BY THE SUPERINTENDENT OF THE RENEWAL LICENSE APPLIED FOR OR UNTIL FIVE DAYS AFTER THE SUPERINTENDENT SHALL HAVE REFUSED TO ISSUE SUCH RENEWAL LICENSE AND SHALL HAVE GIVEN NOTICE OF SUCH REFUSAL TO THE APPLICANT. BEFORE REFUSING TO RENEW ANY SUCH LICENSE, EXCEPT ON THE GROUND OF FAILURE TO PASS A WRITTEN EXAMINATION, THE SUPERINTENDENT SHALL NOTIFY THE APPLICANT OF THE SUPERINTENDENT'S INTENTION TO DO SO AND SHALL GIVE THE APPLICANT A HEARING. (6) THE SUPERINTENDENT MAY, IN ISSUING A RENEWAL LICENSE, DISPENSE WITH THE REQUIREMENTS OF A VERIFIED APPLICATION BY ANY INDIVIDUAL LICEN- SEE WHO, BY REASON OF BEING ENGAGED IN ANY MILITARY SERVICE FOR THE UNITED STATES, IS UNABLE TO MAKE PERSONAL APPLICATION FOR SUCH RENEWAL LICENSE, UPON THE FILING OF AN APPLICATION ON BEHALF OF SUCH INDIVIDUAL, IN SUCH FORM AS THE SUPERINTENDENT SHALL PRESCRIBE, BY SOME PERSON OR PERSONS WHO IN HIS OR HER JUDGMENT HAVE KNOWLEDGE OF THE FACTS AND WHO MAKE AFFIDAVIT SHOWING SUCH MILITARY SERVICE AND THE INABILITY OF SUCH TITLE INSURANCE CLOSER TO MAKE PERSONAL APPLICATION. (7) AN INDIVIDUAL LICENSEE WHO IS UNABLE TO COMPLY WITH LICENSE RENEWAL PROCEDURES DUE TO OTHER EXTENUATING CIRCUMSTANCES, SUCH AS A LONG-TERM MEDICAL DISABILITY, MAY REQUEST A WAIVER OF SUCH PROCEDURES, IN SUCH FORM AS THE SUPERINTENDENT SHALL PRESCRIBE. THE LICENSEE MAY ALSO REQUEST A WAIVER OF ANY EXAMINATION REQUIREMENT OR ANY OTHER FINE OR SANCTION IMPOSED FOR FAILURE TO COMPLY WITH RENEWAL PROCEDURES. (8) AN APPLICATION FOR THE RENEWAL OF A LICENSE SHALL BE FILED WITH THE SUPERINTENDENT NOT LESS THAN SIXTY DAYS PRIOR TO THE DATE THE LICENSE EXPIRES OR THE APPLICANT SHALL BE SUBJECT TO A FURTHER FEE OF TEN DOLLARS FOR LATE FILING. S. 6357--B 91 A. 8557--B (9) NO LICENSE FEE SHALL BE REQUIRED OF ANY PERSON WHO SERVED AS A MEMBER OF THE ARMED FORCES OF THE UNITED STATES AT ANY TIME, AND WHO SHALL HAVE BEEN DISCHARGED THEREFROM UNDER CONDITIONS OTHER THAN DISHONORABLE, IN A CURRENT LICENSING PERIOD FOR THE DURATION OF SUCH PERIOD. (10) THE SUPERINTENDENT MAY ISSUE A REPLACEMENT LICENSE FOR A CURRENT- LY IN-FORCE LICENSE THAT HAS BEEN LOST OR DESTROYED. BEFORE SUCH REPLACEMENT LICENSE SHALL BE ISSUED, THERE SHALL BE ON FILE IN THE OFFICE OF THE SUPERINTENDENT A WRITTEN APPLICATION FOR SUCH REPLACEMENT LICENSE, AFFIRMING UNDER PENALTY OF PERJURY THAT THE ORIGINAL LICENSE HAS BEEN LOST OR DESTROYED, TOGETHER WITH A FEE OF FIFTEEN DOLLARS. S 19. The insurance law is amended by adding a new section 2142 to read as follows: S 2142. TITLE INSURANCE SOLICITORS; LICENSING. (A) THE SUPERINTENDENT MAY ISSUE A LICENSE TO ANY INDIVIDUAL THAT HAS COMPLIED WITH THE REQUIREMENTS OF THIS CHAPTER, AUTHORIZING THE LICENSEE TO ACT AS A TITLE INSURANCE SOLICITOR FOR ANY AUTHORIZED TITLE INSURANCE CORPORATION OR TITLE INSURANCE AGENT. (B) EVERY APPLICANT FOR A LICENSE UNDER THIS SECTION SHALL BE EIGHTEEN YEARS OF AGE OR OLDER AT THE TIME OF THE ISSUANCE OF SUCH LICENSE. (C) BEFORE ANY ORIGINAL TITLE INSURANCE SOLICITOR'S LICENSE IS ISSUED, THERE SHALL BE ON FILE IN THE OFFICE OF THE SUPERINTENDENT AN APPLICA- TION BY THE PROSPECTIVE LICENSEE IN SUCH FORM OR FORMS AND SUPPLEMENTS THERETO, ALONG WITH A FEE IN THE AMOUNT OF FORTY DOLLARS FOR EACH YEAR OR FRACTION OF A YEAR IN WHICH THE LICENSE SHALL BE VALID, AND CONTAIN- ING INFORMATION THE SUPERINTENDENT PRESCRIBES. (D) THE SUPERINTENDENT SHALL, IN ORDER TO DETERMINE THE COMPETENCY OF EVERY APPLICANT FOR THE TITLE INSURANCE SOLICITOR LICENSE, REQUIRE SUCH INDIVIDUAL TO SUBMIT TO A PERSONAL WRITTEN EXAMINATION AND TO PASS THE SAME TO THE SATISFACTION OF THE SUPERINTENDENT. THE EXAMINATION SHALL BE HELD AT SUCH TIMES AND PLACES AS THE SUPERINTENDENT SHALL FROM TIME TO TIME DETERMINE. EVERY INDIVIDUAL APPLYING TO TAKE ANY WRITTEN EXAMINA- TION SHALL, AT THE TIME OF APPLYING THEREFOR, PAY TO THE SUPERINTENDENT OR, AT THE DISCRETION OF THE SUPERINTENDENT, DIRECTLY TO ANY ORGANIZA- TION THAT IS UNDER CONTRACT TO PROVIDE EXAMINATION SERVICES, AN EXAMINA- TION FEE OF AN AMOUNT THAT IS THE ACTUAL DOCUMENTED ADMINISTRATIVE COST OF CONDUCTING SAID QUALIFYING EXAMINATION AS CERTIFIED BY THE SUPER- INTENDENT FROM TIME TO TIME. AN EXAMINATION FEE REPRESENTS AN ADMINIS- TRATIVE EXPENSE AND SHALL NOT BE REFUNDABLE. THE SUPERINTENDENT MAY ACCEPT, IN LIEU OF ANY SUCH EXAMINATION, THE RESULT OF ANY PREVIOUS WRITTEN EXAMINATION, GIVEN BY THE SUPERINTENDENT, WHICH IN THE SUPER- INTENDENT'S JUDGMENT, IS EQUIVALENT TO THE EXAMINATION FOR WHICH IT IS SUBSTITUTED. (E) EVERY INDIVIDUAL SEEKING TO QUALIFY TO OBTAIN A LICENSE UNDER SUBSECTION (B) OF THIS SECTION SHALL BE REQUIRED TO PASS THE TYPE OR TYPES OF EXAMINATION PRESCRIBED BY THE SUPERINTENDENT. AN INDIVIDUAL SHALL NOT BE DEEMED QUALIFIED TO TAKE THE EXAMINATION UNLESS THE INDI- VIDUAL HAS SUCCESSFULLY COMPLETED A COURSE OR COURSES, APPROVED AS TO METHOD AND CONTENT BY THE SUPERINTENDENT, COVERING THE TITLE INSURANCE BUSINESS AND REQUIRING NOT LESS THAN TWENTY HOURS OF CLASSROOM WORK, IN INSTITUTIONS OF LEARNING MEETING THE STANDARDS PRESCRIBED BY PARAGRAPH ONE OF SUBSECTION (A) OF SECTION TWO THOUSAND ONE HUNDRED FOUR OF THIS ARTICLE. (F) NO SUCH WRITTEN EXAMINATION OR PRE-LICENSING EDUCATION SHALL BE REQUIRED OF ANY: S. 6357--B 92 A. 8557--B (1) INDIVIDUAL WHO FILES AN APPLICATION UNDER THIS SECTION WITHIN ONE YEAR AFTER THE EFFECTIVE DATE OF THIS SUBSECTION AND WHO DEMONSTRATES TO THE SATISFACTION OF THE SUPERINTENDENT THAT SUCH APPLICANT HAS, WITHOUT INTERRUPTION, REGULARLY AND CONTINUOUSLY PERFORMED THE FUNCTIONS OF A TITLE INSURANCE SOLICITOR FOR A PERIOD OF AT LEAST FIVE YEARS IMMEDIATE- LY PRECEDING THE FILING OF SUCH APPLICATION AND IS COMPETENT AND TRUST- WORTHY TO ACT AS A TITLE INSURANCE CLOSER; (2) APPLICANT WHO HAS PASSED THE WRITTEN EXAMINATION GIVEN BY THE SUPERINTENDENT FOR A TITLE INSURANCE SOLICITOR'S LICENSE AND WAS LICENSED AS SUCH, OR OF AN APPLICANT WHO WAS LICENSED AS A TITLE INSUR- ANCE SOLICITOR BUT DID NOT PASS SUCH AN EXAMINATION, PROVIDED THE APPLI- CANT APPLIES WITHIN TWO YEARS FOLLOWING THE DATE OF TERMINATION OF THE APPLICANT'S LICENSE; OR (3) APPLICANT SEEKING TO OBTAIN A LICENSE AS A TITLE INSURANCE SOLICI- TOR, WHEN SUCH APPLICANT IS A LICENSED ATTORNEY-AT-LAW IN THIS STATE. (G) THE SUPERINTENDENT MAY REFUSE TO ISSUE TO AN APPLICANT A TITLE INSURANCE SOLICITOR'S LICENSE IF, IN THE SUPERINTENDENT'S JUDGMENT, THE PROPOSED LICENSEE: (1) IS NOT TRUSTWORTHY AND COMPETENT TO ACT AS SUCH SOLICITOR; (2) HAS GIVEN CAUSE FOR THE REVOCATION OR SUSPENSION OF SUCH A LICENSE; OR (3) HAS FAILED TO COMPLY WITH ANY PREREQUISITE FOR THE ISSUANCE OF SUCH LICENSE. (H) (1) EVERY LICENSE ISSUED TO AN INDIVIDUAL BORN IN AN ODD-NUMBERED YEAR SHALL EXPIRE ON THE INDIVIDUAL'S BIRTHDAY IN EACH ODD-NUMBERED YEAR. LICENSES ISSUED TO INDIVIDUALS BORN IN EVEN-NUMBERED YEARS SHALL EXPIRE ON THE INDIVIDUAL'S BIRTHDAY IN EACH EVEN-NUMBERED YEAR. EVERY SUCH LICENSE MAY BE RENEWED FOR THE ENSUING PERIOD OF TWENTY-FOUR MONTHS UPON THE FILING OF AN APPLICATION IN CONFORMITY WITH THIS SUBSECTION. (2) THE LICENSE MAY BE ISSUED FOR ALL OF SUCH TWO YEAR TERMS, OR UPON APPLICATION MADE DURING ANY SUCH TERM, FOR THE BALANCE THEREOF. (3) ANY LICENSE SHALL BE CONSIDERED IN GOOD STANDING WITHIN THE LICENSE TERM UNLESS: (A) REVOKED OR SUSPENDED BY THE SUPERINTENDENT PURSUANT TO THIS ARTI- CLE; OR (B) IF AT THE EXPIRATION DATE OF THE LICENSE TERM, THE LICENSEE FAILS TO FILE A RENEWAL APPLICATION, PROVIDED THE LICENSE WAS IN GOOD STANDING DURING THE TERM. (4) BEFORE THE RENEWAL OF ANY TITLE INSURANCE SOLICITOR'S LICENSE SHALL BE ISSUED, THE LICENSEE SHALL HAVE: (A) FILED A COMPLETED RENEWAL APPLICATION IN SUCH FORM OR FORMS, AND SUPPLEMENTS THERETO, AND CONTAINING SUCH INFORMATION AS THE SUPERINTEN- DENT MAY PRESCRIBE; AND (B) PAID SUCH FEES AS ARE PRESCRIBED IN THIS SECTION. (5) IF AN APPLICATION FOR A RENEWAL LICENSE SHALL HAVE BEEN FILED WITH THE SUPERINTENDENT BEFORE THE EXPIRATION OF SUCH LICENSE, THEN THE LICENSE SOUGHT TO BE RENEWED SHALL CONTINUE IN FULL FORCE AND EFFECT EITHER UNTIL THE ISSUANCE BY THE SUPERINTENDENT OF THE RENEWAL LICENSE APPLIED FOR OR UNTIL FIVE DAYS AFTER THE SUPERINTENDENT SHALL HAVE REFUSED TO ISSUE SUCH RENEWAL LICENSE AND SHALL HAVE GIVEN NOTICE OF SUCH REFUSAL TO THE APPLICANT. BEFORE REFUSING TO RENEW ANY SUCH LICENSE, EXCEPT ON THE GROUND OF FAILURE TO PASS A WRITTEN EXAMINATION, THE SUPERINTENDENT SHALL NOTIFY THE APPLICANT OF THE SUPERINTENDENT'S INTENTION TO DO SO AND SHALL GIVE THE APPLICANT A HEARING. (6) THE SUPERINTENDENT MAY, IN ISSUING A RENEWAL LICENSE, DISPENSE WITH THE REQUIREMENTS OF A VERIFIED APPLICATION BY ANY INDIVIDUAL LICEN- S. 6357--B 93 A. 8557--B SEE WHO, BY REASON OF BEING ENGAGED IN ANY MILITARY SERVICE FOR THE UNITED STATES, IS UNABLE TO MAKE PERSONAL APPLICATION FOR SUCH RENEWAL LICENSE, UPON THE FILING OF AN APPLICATION ON BEHALF OF SUCH INDIVIDUAL, IN SUCH FORM AS THE SUPERINTENDENT SHALL PRESCRIBE, BY SOME PERSON OR PERSONS WHO IN HIS OR HER JUDGMENT HAVE KNOWLEDGE OF THE FACTS AND WHO MAKE AFFIDAVIT SHOWING SUCH MILITARY SERVICE AND THE INABILITY OF SUCH TITLE INSURANCE SOLICITOR TO MAKE PERSONAL APPLICATION. (7) AN INDIVIDUAL LICENSEE WHO IS UNABLE TO COMPLY WITH LICENSE RENEWAL PROCEDURES DUE TO OTHER EXTENUATING CIRCUMSTANCES, SUCH AS A LONG-TERM MEDICAL DISABILITY, MAY REQUEST A WAIVER OF SUCH PROCEDURES, IN SUCH FORM AS THE SUPERINTENDENT SHALL PRESCRIBE. THE LICENSEE MAY ALSO REQUEST A WAIVER OF ANY EXAMINATION REQUIREMENT OR ANY OTHER FINE OR SANCTION IMPOSED FOR FAILURE TO COMPLY WITH RENEWAL PROCEDURES. (8) AN APPLICATION FOR THE RENEWAL OF A LICENSE SHALL BE FILED WITH THE SUPERINTENDENT NOT LESS THAN SIXTY DAYS PRIOR TO THE DATE THE LICENSE EXPIRES OR THE APPLICANT SHALL BE SUBJECT TO A FURTHER FEE OF TEN DOLLARS FOR LATE FILING. (9) NO LICENSE FEE SHALL BE REQUIRED OF ANY PERSON WHO SERVED AS A MEMBER OF THE ARMED FORCES OF THE UNITED STATES AT ANY TIME, AND WHO SHALL HAVE BEEN DISCHARGED THEREFROM UNDER CONDITIONS OTHER THAN DISHONORABLE, IN A CURRENT LICENSING PERIOD FOR THE DURATION OF SUCH PERIOD. (10) THE SUPERINTENDENT MAY ISSUE A REPLACEMENT LICENSE FOR A CURRENT- LY IN-FORCE LICENSE THAT HAS BEEN LOST OR DESTROYED. BEFORE SUCH REPLACEMENT LICENSE SHALL BE ISSUED, THERE SHALL BE ON FILE IN THE OFFICE OF THE SUPERINTENDENT A WRITTEN APPLICATION FOR SUCH REPLACEMENT LICENSE, AFFIRMING UNDER PENALTY OF PERJURY THAT THE ORIGINAL LICENSE HAS BEEN LOST OR DESTROYED, TOGETHER WITH A FEE OF FIFTEEN DOLLARS. S 20. Section 2314 of the insurance law is amended to read as follows: S 2314. Charging of rates. No authorized insurer shall, and no licensed insurance agent, NO TITLE INSURANCE AGENT, no employee or other representative of an authorized insurer, and no licensed insurance broker shall knowingly, charge or demand a rate or receive a premium [which] THAT departs from the rates, rating plans, classifications, schedules, rules and standards in effect on behalf of the insurer, or shall issue or make any policy or contract involving a violation there- of. S 21. Section 6409 of the insurance law, subsection (c) as added by chapter 955 of the laws of 1984, is amended to read as follows: S 6409. Filing of policy forms; rates; classification of risks; commissions and rebates prohibited. (a) No title insurance policy OR GUARANTEE OF THE CORRECTNESS OF SEARCHES FORM shall be issued or deliv- ered in this state, unless [and until a copy of the form thereof shall have] IT HAS been filed with the superintendent [for his information] IN ACCORDANCE WITH ARTICLE TWENTY-THREE OF THIS CHAPTER. (b) [Every title insurance corporation shall file with the superinten- dent its rate manual, if any, its basic schedule of rates and classi- fication of risks, its rating plan and rules in connection with the writing or issuance of policies of title insurance and shall thereafter likewise file any changes therein. After any such filing no such corpo- ration shall, in connection with the writing or issuance of any such policy, deviate from the rates, classifications of risks and rules last filed by it, either by making any reduction in rates without having filed the same as herein provided, or by way of any discriminations in favor of or against any insured. The superintendent shall have the powers specified in article twenty-three of this chapter applicable to S. 6357--B 94 A. 8557--B title insurers.] TITLE INSURANCE RATES AND RATE FILINGS, INCLUDING RATES FOR GUARANTEES OF THE CORRECTNESS OF SEARCHES, SHALL BE SUBJECT TO ARTI- CLE TWENTY-THREE OF THIS CHAPTER. (c) Notwithstanding any other provision of this article, every title insurance [company] CORPORATION shall [be required to] offer, at or prior to title closing, an optional policy form [which will insure] THAT INSURES the title of owner-occupied real property used predominantly for residential purposes [which] THAT consists of not more than four dwell- ing units for an amount equal to the market value of the property at the time a loss is discovered. Such policy form shall be filed with, AND APPROVED BY, the superintendent [pursuant to subsection (a) of this section] IN ACCORDANCE WITH ARTICLE TWENTY-THREE OF THIS CHAPTER. Rates for such coverage shall be filed AND APPROVED pursuant to [subsection (b) of this section] ARTICLE TWENTY-THREE OF THIS CHAPTER. (d) No title insurance corporation, TITLE INSURANCE AGENT, or any other person acting for or on behalf of [it] THE TITLE INSURANCE CORPO- RATION OR TITLE INSURANCE AGENT, shall OFFER OR make, DIRECTLY OR INDI- RECTLY, any rebate of any portion of the fee, premium or charge made, or pay or give to any applicant for insurance, or to any person, firm, or corporation acting as agent, representative, attorney, or employee of the owner, lessee, mortgagee or the prospective owner, lessee, or mort- gagee or the prospective owner, lessee, or mortgagee of the real proper- ty or any interest therein, either directly or indirectly, any commis- sion, any part of its fees or charges, or any other consideration or valuable thing, as an inducement for, or as compensation for, any title insurance business, NOR SHALL ANY APPLICANT FOR INSURANCE, OR ANY PERSON, FIRM, OR CORPORATION ACTING AS AGENT, REPRESENTATIVE, ATTORNEY, OR EMPLOYEE OF THE OWNER, LESSEE, MORTGAGEE OR THE PROSPECTIVE OWNER, LESSEE, OR MORTGAGEE OF THE REAL PROPERTY OR ANYONE HAVING ANY INTEREST IN REAL PROPERTY KNOWINGLY RECEIVE, DIRECTLY OR INDIRECTLY, ANY SUCH REBATE OR OTHER CONSIDERATION OR VALUABLE THING. Any person or entity who [accepts or receives such a commission or rebate] VIOLATES THIS SECTION shall be subject to a penalty equal to the greater of [one] FIVE thousand dollars or five times the amount [thereof] OF ANY COMPENSATION OR REBATE RECEIVED OR PAID. (e) Premium rates for coverage shall fully reflect the foregoing prohibitions of subsection (d) [hereof] OF THIS SECTION. S 22. This act shall take effect on the one hundred eightieth day after it shall have become a law, provided, however, that effective immediately: (1) the addition, amendment, or repeal of any rule or regulation necessary for the implementation of this act on its effective date is authorized and directed to be made and completed on or before such effective date; (2) the superintendent of financial services shall promulgate applica- tion forms for persons, firms, associations, and corporations seeking to obtain a license as a title insurance agent, or individuals seeking to obtain a license as a title insurance closer or title insurance solici- tor; and (3) each person, firm, association, or corporation who has filed an application for a license as a title insurance agent, or every individ- ual who has filed an application for a license as a title insurance closer or title insurance solicitor on or before January 1, 2015 or within 90 days after the superintendent of financial services has promulgated application forms pursuant to this act, whichever date is later, may act as such licensee without a license issued pursuant to S. 6357--B 95 A. 8557--B section 2140, 2141, or 2142 of the insurance law, as added by sections seventeen, eighteen, and nineteen of this act, until the superintendent of financial services has made a final determination on the application for such license filed by such person, firm, association, or corpo- ration. PART W Section 1. Section 2 of part BB of chapter 58 of the laws of 2012, amending the public authorities law relating to authorizing the dormito- ry authority to enter into certain design and construction management agreements, as amended by section 1 of part I of chapter 58 of the laws of 2013, is amended to read as follows: S 2. This act shall take effect immediately and shall expire and be deemed repealed April 1, [2014] 2015. S 2. Within 90 days of the effective date of this act, the dormitory authority of the state of New York shall provide a report providing information regarding any project undertaken pursuant to a design and construction management agreement, as authorized by part BB of chapter 58 of the laws of 2012, between the dormitory authority of the state of New York and the department of environmental conservation and/or the office of parks, recreation and historic preservation to the governor, the temporary president of the senate and speaker of the assembly. Such report shall include but not be limited to a description of each such project, the project identification number of each such project, if applicable, the projected date of completion, the status of the project, the total cost or projected cost of each such project, and the location, including the names of any county, town, village or city, where each such project is located or proposed. In addition, such a report shall be provided to the aforementioned parties by the first day of March of each year that the authority to enter into such agreements pursuant to part BB of chapter 58 of the laws of 2012 is in effect. S 3. This act shall take effect immediately and shall be deemed to have been in effect on and after April 1, 2014. PART X Section 1. Section 2 of chapter 584 of the laws of 2011, amending the public authorities law relating to the powers and duties of the dormito- ry authority of the state of New York relative to the establishment of subsidiaries for certain purposes, as amended by section 28 of part D of chapter 56 of the laws of 2012, is amended to read as follows: S 2. This act shall take effect immediately and shall expire and be deemed repealed on July 1, [2014] 2016; provided however, that the expi- ration of this act shall not impair or otherwise affect any of the powers, duties, responsibilities, functions, rights or liabilities of any subsidiary duly created pursuant to subdivision twenty-five of section 1678 of the public authorities law prior to such expiration. S 2. This act shall take effect immediately. PART Y Section 1. Section 2976-a of the public authorities law is REPEALED. S 2. Section 2868 of the public health law, as amended by section 43-a of part B of chapter 58 of the laws of 2008, is amended to read as follows: S. 6357--B 96 A. 8557--B S 2868. Fees and charges. The commissioner may by regulation establish and charge to any nursing home company, for the period of occupancy date to mortgage discharge, a fee for inspection, regulation, supervision and audit not to annually exceed two-tenths of one percent of the mortgage loan to recover the departmental costs in performing these functions IN RELATION TO ANY NURSING HOME PROJECT FINANCED OR REFINANCED BY A LOAN MADE UNDER THIS ARTICLE PRIOR TO APRIL FIRST, TWO THOUSAND FOURTEEN. NOTWITHSTANDING THE FOREGOING, NO SUCH FEE SHALL BE CHARGED OR PAYABLE PURSUANT TO THIS SECTION WITH RESPECT TO A NURSING HOME PROJECT FINANCED OR REFINANCED WITH BONDS ISSUED ON OR AFTER APRIL FIRST, TWO THOUSAND FOURTEEN. S 3. Section 2881 of the public health law, as amended by section 43-b of part B of chapter 58 of the laws of 2008, is amended to read as follows: S 2881. Fees and charges. The commissioner may, by regulation, estab- lish and charge to eligible borrowers, for the period from occupancy date to mortgage discharge, a fee for inspection, regulation, super- vision and audit not to annually exceed two-tenths of one percent of the mortgage loan to recover the departmental costs in performing these functions IN RELATION TO ANY HOSPITAL PROJECT FINANCED OR REFINANCED BY A LOAN MADE UNDER THIS ARTICLE PRIOR TO APRIL FIRST, TWO THOUSAND FOUR- TEEN. NOTWITHSTANDING THE FOREGOING, NO SUCH FEE SHALL BE CHARGED OR PAYABLE PURSUANT TO THIS SECTION WITH RESPECT TO A HOSPITAL PROJECT FINANCED OR REFINANCED WITH BONDS ISSUED ON OR AFTER APRIL FIRST, TWO THOUSAND FOURTEEN. S 4. This act shall take effect immediately. PART Z Section 1. Subdivision 3 of section 16-m of section 1 of chapter 174 of the laws of 1968 constituting the New York state urban development corporation act, as amended by chapter 81 of the laws of 2013, is amended to read as follows: 3. The provisions of this section shall expire, notwithstanding any inconsistent provision of subdivision 4 of section 469 of chapter 309 of the laws of 1996 or of any other law, on July 1, [2014] 2015. S 2. This act shall take effect immediately and shall be deemed to have been in full force and effect on and after July 1, 2014. PART AA Section 1. Section 2 of chapter 393 of the laws of 1994, amending the New York state urban development corporation act, relating to the powers of the New York state urban development corporation to make loans, as amended by section 1 of part H of chapter 58 of the laws of 2013, is amended to read as follows: S 2. This act shall take effect immediately provided, however, that section one of this act shall expire on July 1, [2014] 2015, at which time the provisions of subdivision 26 of section 5 of the New York state urban development corporation act shall be deemed repealed; provided, however, that neither the expiration nor the repeal of such subdivision as provided for herein shall be deemed to affect or impair in any manner any loan made pursuant to the authority of such subdivision prior to such expiration and repeal. S 2. This act shall take effect immediately and shall be deemed to have been in full force and effect on and after April 1, 2014. S. 6357--B 97 A. 8557--B S 2. Severability clause. If any clause, sentence, paragraph, subdivi- sion, section or part of this act shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair, or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph, subdivision, section or part thereof directly involved in the controversy in which such judg- ment shall have been rendered. It is hereby declared to be the intent of the legislature that this act would have been enacted even if such invalid provisions had not been included herein. S 3. This act shall take effect immediately provided, however, that the applicable effective date of Parts A through AA of this act shall be as specifically set forth in the last section of such Parts.
2013-A8557C - Details
- See Senate Version of this Bill:
- S6357
- Law Section:
- Budget Bills
- Laws Affected:
- Amd Various Laws, generally
2013-A8557C - Summary
Enacts into law major components of legislation necessary to implement the transportation, economic development and environmental conservation budget for the 2014-2015 state fiscal year; amends the highway law and chapter 329 of the laws of 1991, amending the state finance law and other laws relating to the establishment of the dedicated highway and bridge trust fund, in relation to the consolidated local street and highway improvement program (CHIPS), suburban highway improvement program (SHIPS), multi-modal and Marchiselli programs; repeals certain provisions of chapter 329 of the laws of 1991 relating thereto (Part A); amends part U1 of chapter 62 of the laws of 2003 amending the vehicle and traffic law and other laws relating to increasing certain motor vehicle transaction fees, in relation to the effectiveness thereof
2013-A8557C - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 8557--C I N A S S E M B L Y January 21, 2014 ___________ A BUDGET BILL, submitted by the Governor pursuant to article seven of the Constitution -- read once and referred to the Committee on Ways and Means -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee -- again reported from said committee with amendments, ordered reprinted as amended and recommit- ted to said committee -- again reported from said committee with amendments, ordered reprinted as amended and recommitted to said committee AN ACT to amend the highway law and to amend chapter 329 of the laws of 1991, amending the state finance law and other laws relating to the establishment of the dedicated highway and bridge trust fund, in relation to the consolidated local street and highway improvement program (CHIPS), suburban highway improvement program (SHIPS), multi- modal and Marchiselli programs; and to repeal certain provisions of chapter 329 of the laws of 1991 relating thereto (Part A); to amend part F of chapter 56 of the laws of 2011 permitting authorized state entities to utilize the design-build method for infrastructure projects, in relation to utilizing labor agreements, in relation to the effectiveness thereof and in relation to requiring the division of budget to report to the governor and the legislature regarding each authorized state entity that has entered into a design-build contract (Part B); to amend part U1 of chapter 62 of the laws of 2003 amending the vehicle and traffic law and other laws relating to increasing certain motor vehicle transaction fees, in relation to the effective- ness thereof; to amend chapter 84 of the laws of 2002, amending the state finance law relating to the costs of the department of motor vehicles, in relation to permanently authorizing payment of department of motor vehicle costs from the dedicated highway and bridge trust fund; to amend the transportation law, in relation to disposition of revenues; to amend the highway law, in relation to disposition of fees charged in connection with outdoor advertising on highways; and to amend the state finance law, in relation to the dedication of revenues and the costs of rail and truck regulation (Part C); intentionally omitted (Part D); to amend chapter 751 of the laws of 2005, amending the insurance law and the vehicle and traffic law, relating to estab- lishing the accident prevention course internet technology pilot program, in relation to the effectiveness thereof (Part E); inten- EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted. LBD12673-04-4 A. 8557--C 2 tionally omitted (Part F); intentionally omitted (Part G); to amend chapter 67 of the laws of 1992, amending the environmental conserva- tion law relating to pesticide product registration timetables and fees, in relation to the effective date thereof; and to amend the environmental conservation law, in relation to pesticide registration fees and reporting (Part H); to amend the environmental conservation law, the penal law, the vehicle and traffic law and the general obli- gations law, in relation to authorizing crossbow hunting, landowner liability, printing contracts for hunting and fishing guides, issuance of distinctive "I love New York" plates, fees and general powers and duties of the department of environmental conservation; and to repeal subdivisions 11 and 16 of section 11-0901 of the environmental conser- vation law relating thereto (Part I); intentionally omitted (Part J); to authorize the New York state energy research and development authority to finance a portion of its research, development and demon- stration and policy and planning programs from assessments on gas and electric corporations (Part K); to authorize and direct the New York state energy research and development authority to make a payment to the general fund of up to $20,913,000 (Part L); to amend the agricul- ture and markets law and the public authorities law, in relation to requiring power transfer switches on gas stations located within one half mile from a strategic upstate highway (Part M); to amend chapter 21 of the laws of 2003, amending the executive law relating to permit- ting the secretary of state to provide special handling for all docu- ments filed or issued by the division of corporations and to permit additional levels of such expedited service, in relation to extending the expiration date thereof (Part N); to amend the business corpo- ration law and the not-for-profit corporation law, in relation to the transmission of incorporation certificates to county clerks (Part O); to amend the executive law, in relation to the national registry fee (Part P); to authorize the department of health to finance certain activities with revenues generated from an assessment on cable tele- vision companies (Part Q); intentionally omitted (Part R); to amend the public service law, in relation to the assessment of costs and expenses of the commission and department (Part S); intentionally omitted (Part T); to amend the insurance law, the public health law and the financial services law, in relation to establishing protections to prevent surprise medical bills including network adequacy requirements, claim submission requirements, access to out- of-network care and prohibition of excessive emergency charges; and providing for the repeal of certain provisions upon expiration thereof (Part U); to amend the insurance law, in relation to licensing title insurance agents, closers and solicitors; grants the superintendent of financial services the authority to require title insurance agents, closers, and solicitor applicants to submit to fingerprinting; and to repeal certain provisions of such law relating thereto (Part V) inten- tionally omitted (Part W); to amend chapter 584 of the laws of 2011, amending the public authorities law relating to the powers and duties of the dormitory authority of the state of New York relative to the establishment of subsidiaries for certain purposes, in relation to the effectiveness thereof (Part X); to amend the public health law, in relation to fees in connection with certain health care facility financings; and to repeal section 2976-a of the public authorities law relating thereto (Part Y); to amend the New York state urban develop- ment corporation act, in relation to extending certain provisions relating to the empire state economic development fund (Part Z); to A. 8557--C 3 amend chapter 393 of the laws of 1994, amending the New York state urban development corporation act, relating to the powers of the New York state urban development corporation to make loans, in relation to the effectiveness thereof (Part AA); to amend the New York state urban development corporation act, in relation to the advanced manufacturing career opportunity grant program (Part BB); in relation to programs established pursuant to public service commission case 13-MO-412 (Part CC); to amend the New York state urban development corporation act, in relation to establishing the minority- and women-owned business investment fund within the Innovate NY fund (Part DD); to amend the New York state urban development corporation act, in relation to the back to work NY jobs program (Part EE); relating to the expansion of the department of environmental conservation's existing free collection and disposal program for unwanted drugs (Part FF); to amend the public officers law, in relation to regional economic development councils; to require regional economic development councils to report and post certain information pertaining to votes on recommended fund- ing approvals; and to amend the state finance law, in relation to lump sum appropriations (Part GG); and to amend the racing, pari-mutuel wagering and breeding law, in relation to extending the Catskill region to include the five counties comprising the city of New York; and to repeal subdivision 7 of section 532 of the racing, pari-mutuel wagering and breeding law relating to disposition of revenues (Part HH) THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. This act enacts into law major components of legislation which are necessary to implement the state fiscal plan for the 2014-2015 state fiscal year. Each component is wholly contained within a Part identified as Parts A through HH. The effective date for each particular provision contained within such Part is set forth in the last section of such Part. Any provision in any section contained within a Part, includ- ing the effective date of the Part, which makes a reference to a section "of this act", when used in connection with that particular component, shall be deemed to mean and refer to the corresponding section of the Part in which it is found. Section three of this act sets forth the general effective date of this act. PART A Section 1. Subdivision (d) of section 11 of chapter 329 of the laws of 1991 amending the state finance law and other laws relating to the establishment of the dedicated highway and bridge trust fund, as amended by section 4 of part A of chapter 58 of the laws of 2012, is amended to read as follows: (d) Any such service contract (i) shall provide that the obligation of the director of the budget or the state to fund or to pay the amounts therein provided for shall not constitute a debt of the state within the meaning of any constitutional or statutory provisions in the event the thruway authority assigns or pledges service contract payments as secu- rity for its bonds or notes, (ii) shall be deemed executory only to the extent moneys are available and SHALL PROVIDE that no liability shall be incurred by the state beyond the moneys available for the purpose, and A. 8557--C 4 that such obligation is subject to annual appropriation by the legisla- ture, and (iii) shall provide that no funds shall be made available from the proceeds of bonds or notes issued pursuant to this chapter unless the commissioner of transportation has certified to the [chairman of the thruway authority] DIRECTOR OF THE BUDGET that such funds shall be used exclusively for the purposes authorized by subdivision (a) of this section, and/or construction, reconstruction or improvement of local highways, bridges and/or highway-railroad crossings, including right of way acquisition, preliminary engineering, and construction supervision and inspection, where the service life of the project is at least ten years or where the project is: (1) microsurfacing, (2) paver placed surface treatment, (3) single course surface treatment involving chip seals and oil and stone and (4) double course surface treatment involv- ing chip seals and oil and stone, and unless [the director of the budget has certified to the chairman of the thruway authority that] a spending plan has been submitted by the commissioner of transportation and has been approved by the director of the budget. S 2. Subdivision (g) of section 15 of chapter 329 of the laws of 1991, as added by section 9 of chapter 330 of the laws of 1991, is REPEALED, and subdivision (f) of section 15 of chapter 329 of the laws of 1991, amending the state finance law and other laws relating to the establish- ment of the dedicated highway and bridge trust fund, as added by section 9 of chapter 330 of the laws of 1991, is amended to read as follows: (f) The commissioner of transportation shall certify to the [New York state thruway authority] DIRECTOR OF THE BUDGET AND THE COMPTROLLER amounts eligible for repayments as specified herein. Such certification shall include any such information as may be necessary to maintain the federal tax exempt status of bonds, notes or other obligations issued by the New York state thruway authority pursuant to section 380 of the public authorities law. S 3. Subdivision 1 of section 80-b of the highway law, as amended by chapter 161 of the laws of 2008, is amended to read as follows: 1. In connection with the undertaking of any project for which the commissioner is authorized to use moneys of the federal government pursuant to the provisions of subdivision thirty-four-a of section ten and section eighty of this chapter to assure the effective discharge of state responsibilities with respect to regional transportation needs, on highways, roads, streets, bicycle paths or pedestrian paths that are not on the state highway system, the commissioner shall submit such project to the governing body or bodies of the affected municipality or munici- palities together with estimates of costs thereof. If such project includes a municipal project, as that term is defined in accordance with article thirteen of the transportation law, the state share of such municipal project shall also be included. If such project includes a project affecting a highway, road, street, bicycle path or pedestrian path not on the state highway system, the state share shall be equal to eighty percent of the difference between the total project cost and the federal assistance, provided, however, the commissioner may increase the state share to an amount equal to one hundred percent of the difference between the total project cost and the federal assistance where he determines that the need for the project results substantially from actions undertaken pursuant to section ten of this chapter. [Except for individual projects where the non-federal share of a federally aided municipal project is less than five thousand dollars, no state or local shares of municipal streets and highways projects shall be payable from the non-fiduciary funds of the capital projects budget of the depart- A. 8557--C 5 ment.] No such project shall proceed without the approval of the govern- ing body of a municipality. Such governing body may request the commis- sioner to undertake the provision of such project. If the commissioner agrees to such undertaking he shall notify the local governing body which shall appropriate sufficient moneys to pay the estimated amount of the municipal share. Such moneys shall be deposited with the state comp- troller who is authorized to receive and accept the same for the purposes of such project, subject to the draft or requisition of the commissioner. When the work of such project has been completed, the commissioner shall render to the governing body of such municipality an itemized statement showing in full (a) the amount of money that has been deposited by such municipality with the state comptroller as hereinbe- fore provided, and (b) all disbursements made pursuant to this section for such project. Any surplus moneys shall be paid to such municipality on the warrant of the comptroller on vouchers therefor approved by the commissioner. When the work of such project has been completed and it is determined by the commissioner that the amount of the cost to be borne by the municipality is in excess of the amount deposited by such munici- pality with the state comptroller, the commissioner shall then notify the municipality of the deficiency of funds. The municipality shall then within ninety days of the receipt of such notice, pay such amount to the state comptroller. For purposes of this section, the term "municipality" shall include a city, county, town, village or two or more of the fore- going acting jointly. S 4. Subdivision (e) of section 16 of chapter 329 of the laws of 1991, amending the state finance law and other laws relating to the establish- ment of a dedicated highway and bridge trust fund, as added by section 9 of chapter 330 of the laws of 1991, is REPEALED. S 5. Subdivision (e) of section 16-a of chapter 329 of the laws of 1991, amending the state finance law and other laws relating to the establishment of a dedicated highway and bridge trust fund, as added by section 9 of chapter 330 of the laws of 1991, is REPEALED. S 6. Paragraph (a) of subdivision 5 of section 10-f of the highway law, as added by chapter 725 of the laws of 1993, is amended to read as follows: (a) Funding of municipal projects will be made upon the application for funding of prior expenditures in a format prescribed by the commis- sioner. [Funding of qualifying municipal project expenditures shall be made from the proceeds of bonds, notes or other obligations issued pursuant to section three hundred eighty of the public authorities law.] Such funding of state projects may be pursuant to agreements between the commissioner and the New York state thruway authority and may be from the proceeds of bonds, notes or other obligations issued pursuant to section three hundred eighty-five of the public authorities law. S 7. Paragraph (a) of subdivision 5 of section 10-g of the highway law, as added by chapter 725 of the laws of 1993, is amended to read as follows: (a) Funding of municipal projects will be made upon the application for funding of prior expenditures in a format prescribed by the commis- sioner. [Funding of qualifying municipal project expenditures shall be made from the proceeds of bonds, notes or other obligations issued pursuant to section three hundred eighty of the public authorities law.] Such funding of state projects may be pursuant to agreements between the commissioner and the New York state thruway authority and may be from the proceeds of bonds, notes or other obligations issued pursuant to section three hundred eighty-five of the public authorities law. A. 8557--C 6 S 8. This act shall take effect immediately. PART B Section 1. Sections 8 and 17 of part F of chapter 56 of the laws of 2011 permitting authorized state entities to utilize the design-build method for infrastructure projects are amended and a new section 16-a is added to read as follows: S 8. If otherwise applicable, capital projects undertaken by the authorized state entity pursuant to this act shall be subject to section 135 of the state finance law and section 222 of the labor law. FOR ALL CAPITAL PROJECTS USING A DESIGN-BUILD CONTRACT THAT ARE ESTIMATED TO COST IN EXCESS OF $10 MILLION, A PROJECT LABOR AGREEMENT SHALL BE INCLUDED IN THE REQUEST FOR PROPOSALS FOR THE CAPITAL PROJECT UNLESS, BASED UPON A FEASIBILITY STUDY EXAMINING THE POTENTIAL COST SAVING AND EFFICIENCIES OF A PROJECT LABOR AGREEMENT, THE AUTHORIZED STATE ENTITY CANNOT DETERMINE THAT A PROJECT LABOR AGREEMENT WOULD RESULT IN LABOR COST SAVINGS OF AT LEAST FIVE PERCENT AND THAT ITS INTEREST IN OBTAINING THE BEST WORK AT THE LOWEST POSSIBLE PRICE, PREVENTING FAVORITISM, FRAUD AND CORRUPTION, AND OTHER CONSIDERATIONS, SUCH AS THE IMPACT OF DELAY, AND ANY HISTORY OF LABOR UNREST, ARE BEST MET BY REQUIRING A PROJECT LABOR AGREEMENT. FOR ALL CAPITAL PROJECTS USING A DESIGN-BUILD CONTRACT THAT ARE ESTIMATED TO COST $10 MILLION OR LESS, A PROJECT LABOR AGREE- MENT FEASIBILITY STUDY MAY BE CONSIDERED BUT IS NOT REQUIRED. S 16-A. A REPORT SHALL BE SUBMITTED BY DECEMBER THIRTY-FIRST OF EACH YEAR TO THE GOVERNOR, THE TEMPORARY PRESIDENT OF THE SENATE AND THE SPEAKER OF THE ASSEMBLY BY THE DIVISION OF BUDGET CONTAINING INFORMATION ON EACH AUTHORIZED STATE ENTITY THAT HAS ENTERED INTO A DESIGN-BUILD CONTRACT PURSUANT TO THIS ACT, WHICH SHALL INCLUDE, BUT NOT BE LIMITED TO, A DESCRIPTION OF EACH PROJECT, THE PROCUREMENT RECORD, THE TOTAL COST OF EACH PROJECT, THE ESTIMATED SAVINGS FOR EACH PROJECT, AND WHETH- ER A PROJECT LABOR AGREEMENT WAS USED, AND IF NOT, THE JUSTIFICATION FOR NOT USING A PROJECT LABOR AGREEMENT. S 17. This act shall take effect immediately and shall expire and be deemed repealed [3] 6 years after such date, provided that, projects with requests for qualifications issued prior to such repeal shall be permitted to continue under this act notwithstanding such repeal. S 2. This act shall take effect immediately. PART C Section 1. Section 13 of part U1 of chapter 62 of the laws of 2003 amending the vehicle and traffic law and other laws relating to increas- ing certain motor vehicle transaction fees, as amended by section 2 of part B of chapter 58 of the laws of 2013, is amended to read as follows: S 13. This act shall take effect immediately; provided however that sections one through seven of this act, the amendments to subdivision 2 of section 205 of the tax law made by section eight of this act, and section nine of this act shall expire and be deemed repealed on [March 31] APRIL 1, 2015; provided further, however, that the amendments to subdivision 3 of section 205 of the tax law made by section eight of this act shall expire and be deemed repealed on March 31, 2018; provided further, however, that the provisions of section eleven of this act shall take effect April 1, 2004 and shall expire and be deemed repealed on [March 31] APRIL 1, 2015. A. 8557--C 7 S 2. Section 2 of part B of chapter 84 of the laws of 2002, amending the state finance law relating to the costs of the department of motor vehicles, as amended by section 1 of part E of chapter 59 of the laws of 2009, is amended to read as follows: S 2. This act shall take effect April 1, 2002; provided, however, if this act shall become a law after such date it shall take effect imme- diately and shall be deemed to have been in full force and effect on and after April 1, 2002; provided further, however, that this act shall expire and be deemed repealed on [March 31] APRIL 1, 2015. S 3. Subdivision 4 of section 94 of the transportation law, as amended by section 1 of part D of chapter 101 of the laws of 2001, is amended to read as follows: 4. All fees charged and collected by the commissioner hereunder shall be deposited [to the miscellaneous special revenue fund - transportation regulation account for the purposes established in this section] BY THE COMPTROLLER INTO THE SPECIAL OBLIGATION RESERVE AND PAYMENT ACCOUNT OF THE DEDICATED HIGHWAY AND BRIDGE TRUST FUND ESTABLISHED PURSUANT TO SECTION EIGHTY-NINE-B OF THE STATE FINANCE LAW FOR THE PURPOSES ESTAB- LISHED IN THIS SECTION. S 4. Subdivision 4 of section 135 of the transportation law, as added by chapter 166 of the laws of 1991, is amended to read as follows: 4. All revenues collected pursuant to this section shall be deposited [to the miscellaneous special revenue fund--rail safety inspection account] BY THE COMPTROLLER INTO THE SPECIAL OBLIGATION RESERVE AND PAYMENT ACCOUNT OF THE DEDICATED HIGHWAY AND BRIDGE TRUST FUND ESTAB- LISHED PURSUANT TO SECTION EIGHTY-NINE-B OF THE STATE FINANCE LAW for the purposes established in this section. Fees will be based on reven- ues from the preceding calendar year and shall be assessed on or before July first and are payable by September first of each year. On or before January first of each year following assessment of fees pursuant to this section, the commissioner shall report to the railroad companies annual costs associated with this assessment. S 5. Subdivision 5 of section 144 of the transportation law, as added by chapter 635 of the laws of 1983, is amended to read as follows: 5. For furnishing a certification of any paper, record or official document, one dollar. No fees shall be charged or collected for copies of papers, records or official documents, furnished to public officers for use in their official capacity, or for the annual reports of the commissioner in the ordinary course of distribution, but the commission- er may fix reasonable charges for copies of papers, records, official documents and other publications furnished or issued to others under this authority. All fees charged and collected by the commissioner [shall belong to the people of the state and shall be paid monthly, accompanied by a detailed statement thereof, into the treasury of the state to the credit of the general fund] PURSUANT TO THIS SECTION SHALL BE DEPOSITED BY THE COMPTROLLER INTO THE SPECIAL OBLIGATION RESERVE AND PAYMENT ACCOUNT OF THE DEDICATED HIGHWAY AND BRIDGE TRUST FUND ESTAB- LISHED PURSUANT TO SECTION EIGHTY-NINE-B OF THE STATE FINANCE LAW. S 6. Section 145 of the transportation law is amended by adding a new subdivision 8 to read as follows: 8. ALL PENALTIES CHARGED AND COLLECTED BY THE COMMISSIONER PURSUANT TO THIS SECTION SHALL BE DEPOSITED BY THE COMPTROLLER INTO THE SPECIAL OBLIGATION RESERVE AND PAYMENT ACCOUNT OF THE DEDICATED HIGHWAY AND BRIDGE TRUST FUND ESTABLISHED PURSUANT TO SECTION EIGHT-NINE-B OF THE STATE FINANCE LAW. A. 8557--C 8 S 7. Section 88 of the highway law is amended by adding a new subdivi- sion 13 to read as follows: 13. ALL FEES COLLECTED BY THE COMMISSIONER PURSUANT TO THIS SECTION SHALL BE DEPOSITED BY THE COMPTROLLER INTO THE SPECIAL OBLIGATION RESERVE AND PAYMENT ACCOUNT OF THE DEDICATED HIGHWAY AND BRIDGE TRUST FUND ESTABLISHED PURSUANT TO SECTION EIGHTY-NINE-B OF THE STATE FINANCE LAW. S 8. Paragraph (a) of subdivision 3 of section 89-b of the state finance law, as amended by section 2 of part B of chapter 58 of the laws of 2012, is amended to read as follows: (a) The special obligation reserve and payment account shall consist (i) of all moneys required to be deposited in the dedicated highway and bridge trust fund pursuant to the provisions of sections two hundred five, two hundred eighty-nine-e, three hundred one-j, five hundred fifteen and eleven hundred sixty-seven of the tax law, section four hundred one of the vehicle and traffic law, and section thirty-one of chapter fifty-six of the laws of nineteen hundred ninety-three, (ii) all fees, fines or penalties collected by the commissioner of transportation pursuant to section fifty-two, section three hundred twenty-six, [and subdivisions five, eight and twelve of] section eighty-eight of the highway law, subdivision fifteen of section three hundred eighty-five of the vehicle and traffic law, section two of the chapter of the laws of two thousand three that amended this paragraph, subdivision (d) of section three hundred four-a, paragraph one of subdivision (a) and subdivision (d) of section three hundred five, subdivision six-a of section four hundred fifteen and subdivision (g) of section twenty-one hundred twenty-five of the vehicle and traffic law, section fifteen of this chapter, excepting moneys deposited with the state on account of betterments performed pursuant to subdivision twenty-seven or subdivi- sion thirty-five of section ten of the highway law, AND SECTIONS NINE- TY-FOUR, ONE HUNDRED THIRTY-FIVE, ONE HUNDRED FORTY-FOUR AND ONE HUNDRED FORTY-FIVE OF THE TRANSPORTATION LAW, (iii) any moneys collected by the department of transportation for services provided pursuant to agree- ments entered into in accordance with section ninety-nine-r of the general municipal law, and (iv) any other moneys collected therefor or credited or transferred thereto from any other fund, account or source. S 9. Paragraph (a) of subdivision 3 of section 89-b of the state finance law, as amended by section 3 of part B of chapter 58 of the laws of 2012, is amended to read as follows: (a) The special obligation reserve and payment account shall consist (i) of all moneys required to be deposited in the dedicated highway and bridge trust fund pursuant to the provisions of sections two hundred eighty-nine-e, three hundred one-j, five hundred fifteen and eleven hundred sixty-seven of the tax law, section four hundred one of the vehicle and traffic law, and section thirty-one of chapter fifty-six of the laws of nineteen hundred ninety-three, (ii) all fees, fines or penalties collected by the commissioner of transportation pursuant to section fifty-two, section three hundred twenty-six, [and subdivisions five, eight and twelve of] section eighty-eight of the highway law, subdivision fifteen of section three hundred eighty-five of the vehicle and traffic law, section fifteen of this chapter, excepting moneys deposited with the state on account of betterments performed pursuant to subdivision twenty-seven or subdivision thirty-five of section ten of the highway law, AND SECTIONS NINETY-FOUR, ONE HUNDRED THIRTY-FIVE, ONE HUNDRED FORTY-FOUR AND ONE HUNDRED FORTY-FIVE OF THE TRANSPORTATION LAW (iii) any moneys collected by the department of transportation for A. 8557--C 9 services provided pursuant to agreements entered into in accordance with section ninety-nine-r of the general municipal law, and (iv) any other moneys collected therefor or credited or transferred thereto from any other fund, account or source. S 10. Paragraph a of subdivision 5 of section 89-b of the state finance law, as amended by section 60 of part HH of chapter 57 of the laws of 2013, is amended to read as follows: a. Moneys in the dedicated highway and bridge trust fund shall, following appropriation by the legislature, be utilized for: recon- struction, replacement, reconditioning, restoration, rehabilitation and preservation of state, county, town, city and village roads, highways, parkways, and bridges thereon, to restore such facilities to their intended functions; construction, reconstruction, enhancement and improvement of state, county, town, city, and village roads, highways, parkways, and bridges thereon, to address current and projected capacity problems including costs for traffic mitigation activities; aviation projects authorized pursuant to section fourteen-j of the transportation law and for payments to the general debt service fund of amounts equal to amounts required for service contract payments related to aviation projects as provided and authorized by section three hundred eighty-six of the public authorities law; programs to assist small and minority and women-owned firms engaged in transportation construction and recon- struction projects, including a revolving fund for working capital loans, and a bonding guarantee assistance program in accordance with provisions of this chapter; matching federal grants or apportionments to the state for highway, parkway and bridge capital projects; the acquisi- tion of real property and interests therein required or expected to be required in connection with such projects; preventive maintenance activ- ities necessary to ensure that highways, parkways and bridges meet or exceed their optimum useful life; expenses of control of snow and ice on state highways by the department of transportation including but not limited to personal services, nonpersonal services and fringe benefits, payment of emergency aid for control of snow and ice in municipalities pursuant to section fifty-five of the highway law, expenses of control of snow and ice on state highways by municipalities pursuant to section twelve of the highway law, and for expenses of arterial maintenance agreements with cities pursuant to section three hundred forty-nine of the highway law; personal services, NONPERSONAL SERVICES, and fringe benefit costs of the department of transportation for bus safety inspection activities, RAIL SAFETY INSPECTION ACTIVITIES, AND TRUCK SAFETY INSPECTION ACTIVITIES; costs of the department of motor vehicles, including but not limited to personal and nonpersonal services; costs of engineering and administrative services of the department of transporta- tion, including but not limited to fringe benefits; the contract services provided by private firms in accordance with section fourteen of the transportation law; personal services and nonpersonal services, for activities including but not limited to the preparation of designs, plans, specifications and estimates; construction management and super- vision activities; costs of appraisals, surveys, testing and environ- mental impact statements for transportation projects; expenses in connection with buildings, equipment, materials and facilities used or useful in connection with the maintenance, operation, and repair of highways, parkways and bridges thereon; and project costs for: construction, reconstruction, improvement, reconditioning and preserva- tion of rail freight facilities and intercity rail passenger facilities and equipment; construction, reconstruction, improvement, reconditioning A. 8557--C 10 and preservation of state, municipal and privately owned ports; construction, reconstruction, improvement, reconditioning and preserva- tion of municipal airports; privately owned airports and aviation capi- tal facilities, excluding airports operated by the state or operated by a bi-state municipal corporate instrumentality for which federal funding is not available provided the project is consistent with an approved airport layout plan; and construction, reconstruction, enhancement, improvement, replacement, reconditioning, restoration, rehabilitation and preservation of state, county, town, city and village roads, high- ways, parkways and bridges; and construction, reconstruction, improve- ment, reconditioning and preservation of fixed ferry facilities of municipal and privately owned ferry lines for transportation purposes, and the payment of debt service required on any bonds, notes or other obligations and related expenses for highway, parkway, bridge and project costs for: construction, reconstruction, improvement, recondi- tioning and preservation of rail freight facilities and intercity rail passenger facilities and equipment; construction, reconstruction, improvement, reconditioning and preservation of state, municipal and privately owned ports; construction, reconstruction, improvement, recon- ditioning and preservation of municipal airports; privately owned airports and aviation capital facilities, excluding airports operated by the state or operated by a bi-state municipal corporate instrumentality for which federal funding is not available provided the project is consistent with an approved airport layout plan; construction, recon- struction, enhancement, improvement, replacement, reconditioning, resto- ration, rehabilitation and preservation of state, county, town, city and village roads, highways, parkways and bridges; and construction, recon- struction, improvement, reconditioning and preservation of fixed ferry facilities of municipal and privately owned ferry lines for transporta- tion purposes, purposes authorized on or after the effective date of this section. Beginning with disbursements made on and after the first day of April, nineteen hundred ninety-three, moneys in such fund shall be available to pay such costs or expenses made pursuant to appropri- ations or reappropriations made during the state fiscal year which began on the first of April, nineteen hundred ninety-two. Beginning the first day of April, nineteen hundred ninety-three, moneys in such fund shall also be used for transfers to the general debt service fund and the revenue bond tax fund of amounts equal to that respectively required for service contract and financing agreement payments as provided and authorized by section three hundred eighty of the public authorities law, section eleven of chapter three hundred twenty-nine of the laws of nineteen hundred ninety-one, as amended, and sections sixty-eight-c and sixty-nine-o of this chapter. S 11. Paragraph a of subdivision 5 of section 89-b of the state finance law, as amended by section 60-a of part HH of chapter 57 of the laws of 2013, is amended to read as follows: a. Moneys in the dedicated highway and bridge trust fund shall, following appropriation by the legislature, be utilized for: recon- struction, replacement, reconditioning, restoration, rehabilitation and preservation of state, county, town, city and village roads, highways, parkways, and bridges thereon, to restore such facilities to their intended functions; construction, reconstruction, enhancement and improvement of state, county, town, city, and village roads, highways, parkways, and bridges thereon, to address current and projected capacity problems including costs for traffic mitigation activities; aviation projects authorized pursuant to section fourteen-j of the transportation A. 8557--C 11 law and for payments to the general debt service fund of amounts equal to amounts required for service contract payments related to aviation projects as provided and authorized by section three hundred eighty-six of the public authorities law; programs to assist small and minority and women-owned firms engaged in transportation construction and recon- struction projects, including a revolving fund for working capital loans, and a bonding guarantee assistance program in accordance with provisions of this chapter; matching federal grants or apportionments to the state for highway, parkway and bridge capital projects; the acquisi- tion of real property and interests therein required or expected to be required in connection with such projects; preventive maintenance activ- ities necessary to ensure that highways, parkways and bridges meet or exceed their optimum useful life; expenses of control of snow and ice on state highways by the department of transportation including but not limited to personal services, nonpersonal services and fringe benefits, payment of emergency aid for control of snow and ice in municipalities pursuant to section fifty-five of the highway law, expenses of control of snow and ice on state highways by municipalities pursuant to section twelve of the highway law, and for expenses of arterial maintenance agreements with cities pursuant to section three hundred forty-nine of the highway law; personal services, NONPERSONAL SERVICES, and fringe benefit costs of the department of transportation for bus safety inspection activities, RAIL SAFETY INSPECTION ACTIVITIES, AND TRUCK SAFETY INSPECTION ACTIVITIES; costs of engineering and administrative services of the department of transportation, including but not limited to fringe benefits; the contract services provided by private firms in accordance with section fourteen of the transportation law; personal services and nonpersonal services, for activities including but not limited to the preparation of designs, plans, specifications and esti- mates; construction management and supervision activities; costs of appraisals, surveys, testing and environmental impact statements for transportation projects; expenses in connection with buildings, equip- ment, materials and facilities used or useful in connection with the maintenance, operation, and repair of highways, parkways and bridges thereon; and project costs for: construction, reconstruction, improve- ment, reconditioning and preservation of rail freight facilities and intercity rail passenger facilities and equipment; construction, recon- struction, improvement, reconditioning and preservation of state, munic- ipal and privately owned ports; construction, reconstruction, improve- ment, reconditioning and preservation of municipal airports; privately owned airports and aviation capital facilities, excluding airports oper- ated by the state or operated by a bi-state municipal corporate instru- mentality for which federal funding is not available provided the project is consistent with an approved airport layout plan; and construction, reconstruction, enhancement, improvement, replacement, reconditioning, restoration, rehabilitation and preservation of state, county, town, city and village roads, highways, parkways and bridges; and construction, reconstruction, improvement, reconditioning and pres- ervation of fixed ferry facilities of municipal and privately owned ferry lines for transportation purposes, and the payment of debt service required on any bonds, notes or other obligations and related expenses for highway, parkway, bridge and project costs for: construction, recon- struction, improvement, reconditioning and preservation of rail freight facilities and intercity rail passenger facilities and equipment; construction, reconstruction, improvement, reconditioning and preserva- tion of state, municipal and privately owned ports; construction, recon- A. 8557--C 12 struction, improvement, reconditioning and preservation of municipal airports; privately owned airports and aviation capital facilities, excluding airports operated by the state or operated by a bi-state municipal corporate instrumentality for which federal funding is not available provided the project is consistent with an approved airport layout plan; construction, reconstruction, enhancement, improvement, replacement, reconditioning, restoration, rehabilitation and preserva- tion of state, county, town, city and village roads, highways, parkways and bridges; and construction, reconstruction, improvement, recondition- ing and preservation of fixed ferry facilities of municipal and private- ly owned ferry lines for transportation purposes, purposes authorized on or after the effective date of this section. Beginning with disburse- ments made on and after the first day of April, nineteen hundred nine- ty-three, moneys in such fund shall be available to pay such costs or expenses made pursuant to appropriations or reappropriations made during the state fiscal year which began on the first of April, nineteen hundred ninety-two. Beginning the first day of April, nineteen hundred ninety-three, moneys in such fund shall also be used for transfers to the general debt service fund and the revenue bond tax fund of amounts equal to that respectively required for service contract and financing agreement payments as provided and authorized by section three hundred eighty of the public authorities law, section eleven of chapter three hundred twenty-nine of the laws of nineteen hundred ninety-one, as amended, and sections sixty-eight-c and sixty-nine-o of this chapter. S 12. This act shall take effect immediately, provided that the amendments to paragraph (a) of subdivision 3 of section 89-b of the state finance law made by section eight of this act shall be subject to the expiration and reversion of such paragraph pursuant to section 13 of part U1 of chapter 62 of the laws of 2003, as amended, when upon such date the provisions of section nine of this act shall take effect; and provided further that the amendments to paragraph a of subdivision 5 of section 89-b of the state finance law made by section ten of this act shall be subject to the expiration and reversion of such paragraph pursuant to section 2 of part B of chapter 84 of the laws of 2002, as amended, when upon such date the provisions of section eleven of this act shall take effect. PART D Intentionally Omitted PART E Section 1. Section 5 of chapter 751 of the laws of 2005, amending the insurance law and the vehicle and traffic law, relating to establishing the accident prevention course internet technology pilot program, is amended to read as follows: S 5. This act shall take effect on the one hundred eightieth day after it shall have become a law and shall expire and be deemed repealed [five years after the date that the accident prevention course internet, and other technology pilot program is established and implemented by the commissioner of motor vehicles pursuant to article 12-C of the vehicle and traffic law, as added by section three of this act] MAY 31, 2016; provided that any rules and regulations necessary to implement the provisions of this act on its effective date are authorized and directed to be completed on or before such date[; and provided, further, that the A. 8557--C 13 commissioner of motor vehicles shall notify the legislative bill draft- ing commission of the date he or she establishes and implements the accident prevention course internet technology pilot program pursuant to article 12-C of the vehicle and traffic law, as added by section three of this act, in order that such commission may maintain an accurate and timely effective data base of the official text of the laws of the state of New York in furtherance of effecting the provisions of section 44 of the legislative law and section 70-b of the public officers law]. S 2. This act shall take effect immediately. PART F Intentionally Omitted PART G Intentionally Omitted PART H Section 1. Section 9 of chapter 67 of the laws of 1992, amending the environmental conservation law relating to pesticide product registra- tion timetables and fees, as amended by section 1 of part S of chapter 60 of the laws of 2011, is amended to read as follows: S 9. This act shall take effect April 1, 1992 [provided, however, that section three of this act shall take effect July 1, 1993 and shall expire and be deemed repealed on July 1, 2014]. S 2. Section 33-0705 of the environmental conservation law, as amended by section 2 of part S of chapter 60 of the laws of 2011, is amended to read as follows: S 33-0705. Fee for registration. The applicant for registration shall pay a fee as follows: a. [On or before July 1, 2014, six] SIX hundred dollars for each pesticide proposed to be registered, provided that the applicant has submitted to the department proof in the form of a federal income tax return for the previous year showing gross annual sales, for federal income tax purposes, of three million five hundred thousand dollars or less; b. [On or before July 1, 2014, for] FOR all others, six hundred twenty dollars for each pesticide proposed to be registered[; c. After July 1, 2014, fifty dollars for each pesticide proposed to be registered]. S 3. Paragraph a of subdivision 1 and subdivision 2 of section 33-1201 of the environmental conservation law, as added by chapter 279 of the laws of 1996, are amended to read as follows: a. The department shall [develop] MAINTAIN a pesticide sales and use computer data base [in conjunction with Cornell University]. The data base shall be maintained at the department. 2. The commissioner shall prepare an annual report summarizing pesti- cide sales, quantity of pesticides used, category of applicator and region of application. The commissioner shall not provide the name, address, or any other information which would otherwise identify a commercial or private applicator, or any person who sells or offers for sale restricted use or general use pesticides to a private applicator, or any person who received the services of a commercial applicator. In accordance with article six of the public officers law, proprietary A. 8557--C 14 information contained within such record, including price charged per product, shall not be disclosed. The report shall be submitted to the governor, the temporary president of the senate and the speaker of the assembly, and shall be made available to all interested parties. The first report shall be submitted on July first, nineteen hundred ninety- eight and PUBLISHED ON THE DEPARTMENT'S PUBLIC WEBSITE on OR BEFORE July first annually thereafter. S 4. Subdivision 1 of section 33-1203 of the environmental conserva- tion law, as added by chapter 279 of the laws of 1996, is amended to read as follows: 1. a. The commissioner shall, upon written request of an interested party, in printed OR ELECTRONIC form [or on a diskette in computerized data base format] AS SELECTED BY THE INTERESTED PARTY MAKING THEIR WRIT- TEN REQUEST, provide the information on pesticides submitted to the department pursuant to sections 33-1205 and 33-1207 of this title. Such information shall be provided by county or counties, or five-digit zip code or codes as selected by the interested party making the written request. The commissioner shall not provide the name, address, or any other information which would otherwise identify a commercial or private applicator, or any person who sells or offers for sale restricted use or general use pesticides to a private applicator, or any person who received the services of a commercial applicator. In accordance with article six of the public officers law, proprietary information contained within such record, including price charged per product, shall not be disclosed. The provisions of this paragraph shall not apply to the provision of pesticide data to the commissioner of health, the health research science board and [researchers] PERSONS pursuant to title one-B of article twenty-four of the public health law. b. The department shall, upon request from the department of health, compile pesticide application information by nine-digit zip code and provide the information to the commissioner of health for [researchers] PERSONS entitled to receive information pursuant to paragraph (d) of subdivision one of section twenty-four hundred eleven of the public health law provided, however, if the nine-digit zip code cannot be determined, the information shall be compiled by town or city (INCLUDING FIVE-DIGIT ZIP CODE). S 5. Section 33-1205 of the environmental conservation law, as added by chapter 279 of the laws of 1996 and the closing paragraph of para- graph a of subdivision 2 as amended by chapter 260 of the laws of 1997, is amended to read as follows: S 33-1205. Recordkeeping and reporting. 1. All commercial applicators shall maintain pesticide use records for each pesticide application containing the following: a. EPA registration number; b. product name; c. quantity of each pesticide used; d. date applied; e. location of application by address (including [five] NINE-digit zip code). Such records shall be maintained for a period of not less than three years. All commercial applicators shall file, at least [annually] QUAR- TERLY, a report or reports containing such [information] PESTICIDE USE RECORDS with the department [on computer diskette or in printed form on or before February first for the prior calendar year.] ELECTRONICALLY, PROVIDED, HOWEVER, THE DEPARTMENT MAY ADOPT RULES AND REGULATIONS FOR THIS SECTION AUTHORIZING A SMALL BUSINESS WHICH IS RESIDENT IN THE A. 8557--C 15 STATE, INDEPENDENTLY OWNED AND OPERATED, NOT DOMINANT IN ITS FIELD, AND EMPLOYS FIVE OR LESS PEOPLE TO FILE PRINTED REPORTS. All commercial applicators shall also maintain corresponding records of the dosage rates, methods AND PLACE of application and target organisms for each pesticide application. These records shall be CREATED IMMEDIATELY AFTER APPLICATION, maintained on an annual basis and retained for a period of not less than [three] FIVE years and shall be available for inspection upon request by the department. 2. a. Every person who sells or offers for sale restricted use pesti- cides to private applicators shall issue a record to the private appli- cator of each sale of a restricted use pesticide or a general use pesti- cide used in agricultural crop production to such applicator. Such record of each sale shall include the following: 1. EPA registration number; 2. product name of the pesticide purchased; 3. quantity of the pesticide purchased; 4. date purchased; 5. location of intended application by address (including [five] NINE-digit zip code) or if address is unavailable by town or city (including five-digit zip code) if the location of intended application differs from the billing address that appears on the record. Every person who sells or offers for sale restricted use pesticides to private applicators shall file, at least [annually] QUARTERLY, a report or reports containing such [information] PESTICIDE USE RECORDS with the department [on computer diskette or in printed form on or before Febru- ary first for the prior calendar year.] ELECTRONICALLY, PROVIDED, HOWEV- ER, THE DEPARTMENT MAY ADOPT RULES AND REGULATIONS FOR THIS SECTION AUTHORIZING A SMALL BUSINESS WHICH IS RESIDENT IN THE STATE, INDEPEND- ENTLY OWNED AND OPERATED, NOT DOMINANT IN ITS FIELD, AND EMPLOYS FIVE OR LESS PEOPLE TO FILE PRINTED REPORTS. The department shall not use the reports filed pursuant to this paragraph for enforcement purposes. b. All private applicators shall maintain, at a minimum, records of the restricted pesticides purchased, crop treated by such, method of application, and date of application or applications. This information shall be RECORDED IMMEDIATELY AFTER APPLICATION, maintained on an annual basis and retained for a minimum of [three] FIVE years, and shall be available for inspection upon request by the department. c. A private applicator shall, upon request, within six months, provide site-specific information relating to pesticide applications to any [researcher] PERSON entitled to receive information pursuant to paragraph (d) of subdivision one of section twenty-four hundred eleven of the public health law, provided, however, such request shall not be granted during planting and harvesting unless at a time and in a manner that is mutually convenient. S 6. Section 33-1207 of the environmental conservation law, as added by chapter 279 of the laws of 1996, is amended to read as follows: S 33-1207. Recordkeeping and reporting by importers and manufacturers. 1. Each person manufacturing or compounding a registered [restricted use] pesticide in this state, or importing or causing a registered [restricted use] pesticide to be imported into this state for use, distribution, or storage, shall maintain records of all sales within the state during the preceding year of each [restricted use] pesticide prod- uct which he or she has imported, manufactured or compounded. The record of each [restricted use] pesticide product shall include: a. EPA registration number; b. container size; and A. 8557--C 16 c. number of containers sold to New York purchasers. 2. Such records shall be maintained for a period of not less than three years. All manufacturers and importers shall file an annual report containing such information with the department [on computer diskette or in printed form on or before February first for the prior calendar year] ELECTRONICALLY, PROVIDED, HOWEVER, THE DEPARTMENT MAY ADOPT RULES AND REGULATIONS FOR THIS SECTION AUTHORIZING A SMALL BUSI- NESS WHICH IS RESIDENT IN THE STATE, INDEPENDENTLY OWNED AND OPERATED, NOT DOMINANT IN ITS FIELD, AND EMPLOYS FIVE OR LESS PEOPLE TO FILE PRINTED REPORTS. 3. THE REQUIREMENTS OF THIS SECTION ARE NOT APPLICABLE TO: ANTIMICRO- BIAL PESTICIDES AS DEFINED IN FIFRA 7 U.S.C SECTION 136(MM) AND 136Q(H)(2), EXCEPT THOSE THAT ARE SUBJECT TO THE PESTICIDE APPLICATOR CERTIFICATION REQUIREMENTS IN REGULATIONS PROMULGATED BY THE DEPARTMENT; GENERAL USE PESTICIDE PRODUCTS APPLIED TO THE CLOTHING OR SKIN; GENERAL USE AEROSOL PRODUCTS WITH A DIRECTED SPRAY IN CONTAINERS OF EIGHTEEN FLUID OUNCES OR LESS, BUT NOT INCLUDING ANY FOGGER PRODUCT OR AEROSOL PRODUCT THAT DISCHARGES TO A WIDE AREA; OR A PESTICIDE CLASSIFIED BY THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY AS AN EXEMPT MATERIAL UNDER 40 C.F.R. PART 152.25. S 7. The department of environmental conservation shall promulgate rules and regulations within 180 days to improve the accuracy of the data contained in the pesticide sales and use computer data base, including methods to facilitate and improve the reporting of pesticide use by applicators. S 8. This act shall take effect immediately and shall be deemed to have been in full force and effect on and after April 1, 2014 provided, however, that sections three, four, five and six of this act shall take effect on January 1, 2015. PART I Section 1. Subdivision 25 of section 11-0103 of the environmental conservation law, as amended by chapter 595 of the laws of 1984, is amended to read as follows: 25. "Hunting [accident"] RELATED INCIDENT" means the injury to or death of a person caused by the discharge of a firearm or longbow while the person causing such injury or death, or the person injured or killed, is taking or attempting to take game, wildlife or fish. S 2. Paragraph 2 of subdivision 3 of section 11-0701 of the environ- mental conservation law, as amended by section 1-a of part R of chapter 58 of the laws of 2013, is amended to read as follows: (2) who is eighteen years of age or older to hunt wild deer and bear with a longbow, as provided in title 9 of this article, in a special [longbow] ARCHERY season; and S 3. Paragraph b of subdivision 6 of section 11-0703 of the environ- mental conservation law, as amended by section 2 of part R of chapter 58 of the laws of 2013, is amended to read as follows: b. Except as provided in section 11-0707 and section 11-0709 of this title, no person shall (1) hunt wild deer or bear unless such person holds and is entitled to exercise the privileges of a hunting license, and meets the requirements of this article; (2) hunt wild deer or bear with a longbow in a special [longbow] ARCHERY season unless such person holds and is entitled to exercise the privileges of a hunting license with a bowhunting privilege and meets the requirements of this article; or (3) hunt wild deer or bear with a muzzle-loading firearm in a special A. 8557--C 17 muzzle-loading firearm season unless such person is at least fourteen years old and holds a hunting license with a muzzle-loading privilege and meets the requirements of this article. S 4. Intentionally omitted. S 5. Subdivision 2 of section 11-0719 of the environmental conserva- tion law, as amended by section 27 of part R of chapter 58 of the laws of 2013, is amended to read as follows: 2. a. The department may revoke the licenses, tags, bowhunting privi- leges, or muzzle-loading privileges, which authorize the holder to hunt and/or trap wildlife, and may deny the privilege of obtaining such licenses, tags, bowhunting privileges, or muzzle-loading privileges, and may deny the privileges of hunting and/or trapping with or without a license. (1) of any person who, while engaged in hunting or trapping, (i) causes death or injury to [another] ANY PERSON by discharging a firearm or longbow, or (ii) so negligently discharges a firearm or longbow as to endanger the life or safety of another, or (iii) so negligently and wantonly discharges a firearm or longbow as to destroy or damage public or private property; or (2) of any agent of the department authorized to issue certificates of qualification in responsible hunting, bowhunting, or trapping practices who improperly issues any such certification to a person whom he OR SHE has not trained, or whom he OR SHE knows has not satisfactorily completed all of the requirements necessary for such certification. b. Action by the department resulting in the revocation of such license or denial of the privilege to hunt and trap as provided in this subdivision shall be only after a hearing held by the department upon notice to the offender, at which proof of facts indicating the violation is established to the satisfaction of the commissioner or of the hearing officer designated by him OR HER and concurred in by the commissioner. Provided that where a person, while hunting, causes death or injury to any person by discharge of a firearm or longbow, the commissioner may, in his OR HER discretion, suspend such person's license or licenses to hunt and suspend such person's right to hunt without a license for a period of up to sixty days pending a hearing as provided for in this subdivision. c. In case such discharge of a firearm or longbow causes death or injury to [another] ANY PERSON, the license or licenses, bowhunting privilege, and muzzle-loading privilege shall be revoked and the ability to obtain any such license and of hunting or of trapping anywhere in the state with or without a license denied, for a period not exceeding ten years, except that no revocation shall be made in cases in which facts established at the hearing indicate to the satisfaction of the commis- sioner that there was no negligence on the part of the shooter or [bowman] BOWHUNTER. In all other cases the license or licenses, bowhunt- ing privilege, or muzzle-loading privilege, shall be revoked and the privilege of obtaining such license, bowhunting privilege, or muzzle- loading privilege, and of hunting or of trapping anywhere in the state with or without a license denied for a period not exceeding five years. The department may also require that the person causing such death or injury successfully complete a department-sponsored course and obtain a certificate of qualification in responsible hunting or bowhunting prac- tices before being issued another hunting license. d. Every person injuring himself, herself or another person in a hunt- ing [accident, as such term is defined in subdivision 25 of section A. 8557--C 18 11-0103 of this article] RELATED INCIDENT, and the investigating law enforcement officer summoned to or arriving at the scene of such [acci- dent] INCIDENT shall within ten days from the occurrence of such [acci- dent] INCIDENT file a report of the [accident] INCIDENT in writing with the department. Every such person or law enforcement officer shall make such other and additional reports as the department shall require. Failure to report such [accident] INCIDENT as herein provided by the person causing injury or to furnish relevant information required by the department shall be a violation and shall constitute grounds for suspen- sion or revocation of such person's hunting licenses and bowhunting and muzzle-loading privileges and denial of the ability to obtain any such license and of hunting with or without a license following a hearing or opportunity to be heard. In addition, the department may temporarily suspend the license of the person failing to report a hunting [accident] RELATED INCIDENT within the period prescribed herein until such report has been filed. In the case of a non-resident, the failure to report an [accident] INCIDENT as herein provided shall constitute grounds for suspension or revocation of his or her privileges of hunting within this state. The report required by this section shall be made in such form and number as the department may prescribe. S 6. Paragraph b of subdivision 3, as amended by chapter 911 of the laws of 1990 is amended to read as follows: b. Wild deer and bear shall not be taken except by gun or by long bow. Where an open season, set forth in the table of open seasons in section 11-0907 OF THIS TITLE or otherwise established by law or fixed by regu- lation, is specified as an open season for taking such game by shotgun or long bow only, or is specified as an open season for taking such game by long bow only, they shall not be taken except as so specified. S 7. Intentionally omitted. S 8. Intentionally omitted. S 9. Subdivision 4 of section 11-0931 of the environmental conserva- tion law, subparagraph 3 of paragraph a as added by chapter 400 of the laws of 1973 and subparagraph 4 of paragraph a as added by chapter 67 of the laws of 1976, is amended to read as follows: 4. a. No person shall: (1) discharge a firearm or long bow in such a way as will result in the load or arrow thereof passing over a public highway or any part thereof; (2) discharge a firearm or long bow within five hundred feet from a dwelling house, farm building or farm structure actually occupied or used, school building, school playground, or [occupied] PUBLIC STRUC- TURE, factory or church; (3) use a firearm or a long bow for the hunting of migratory game birds in Larchmont Harbor, specifically those portions bounded by the following points of land: BEGINNING AT A POINT KNOWN AS UMBRELLA POINT ON THE EAST SHORE OF LARCHMONT HARBOR THEN PROCEEDING IN A NORTHERLY DIRECTION TO CEDAR ISLAND; THENCE NORTHWESTERLY TO MONROE INLET; THENCE NORTHEASTERLY TO DELANCY COVE BEING IN THE TOWN OF MAMARONECK; THENCE IN A SOUTHWESTERLY DIRECTION FROM DELANCY COVE TO GREACEN POINT; THENCE RUNNING THE AREA BETWEEN DELANCY COVE AND THE WEST SHORE OF SATANS TOE NORTHEAST; THENCE SOUTHEAST THEN ALONG THE WEST SHORE OF SATANS TOE SOUTHWEST AND THEN SOUTH TO THE SOUTHERLY POINT OF SATANS TOE TO EDGEWATER POINT. (4) Use of a firearm or a long bow for the hunting of migratory game birds in Udall's Cove, specifically those portions of Little Neck Bay A. 8557--C 19 within Nassau and Queens counties lying east of a line running north from the foot of Douglaston Parkway to the shore opposite. b. The prohibitions contained in subparagraph 2 of paragraph a above shall not apply to: (1) The owner or lessee of the dwelling house, or members of his imme- diate family actually residing therein, or a person in his employ, or the guest of the owner or lessee of the dwelling house acting with the consent of said owner or lessee, provided however, that nothing herein shall be deemed to authorize such persons to discharge a firearm or longbow within five hundred feet of any other dwelling house, or a farm building or farm structure actually occupied or used, or a school build- ing or playground or [occupied] PUBLIC STRUCTURE, factory or church; (2) Programs conducted by public schools offering instruction and training in the use of firearms or long bow; (3) The authorized use of a pistol, rifle or target range regularly operated and maintained by a police department or other law enforcement agency or by any duly organized membership corporation; (4) The discharge of a shotgun over water by a person hunting migrato- ry game birds if no dwelling house, FARM BUILDING OR FARM STRUCTURE ACTUALLY OCCUPIED OR USED, SCHOOL BUILDING, SCHOOL PLAYGROUND, or public structure, FACTORY OR CHURCH, livestock or person is situated in the line of discharge less than five hundred feet from the point of discharge. S 10. Paragraph c of subdivision 5 of section 11-0931 of the environ- mental conservation law, as amended by chapter 309 of the laws of 2006, is amended to read as follows: c. In the Northern Zone no person, while engaged in hunting with the aid of a dog or while afield accompanied by a dog, shall possess a rifle larger than .22 caliber using rim-fire ammunition or possess a shotgun loaded with a slug, ball or buckshot; but this paragraph does not apply to persons, engaged in coyote hunts with dogs during any open season on coyotes established pursuant to the provisions of section 11-0903 OF THIS TITLE. S 11. Intentionally omitted. S 12. Intentionally omitted. S 13. Intentionally omitted. S 14. Intentionally omitted. S 15. Intentionally omitted. S 16. Section 11-0715 of the environmental conservation law is amended by adding a new subdivision 7 to read as follows: 7. NOTWITHSTANDING THE PROVISIONS OF SUBDIVISION THREE OF THIS SECTION, THE COMMISSIONER MAY OFFER FOR SALE LICENSES, PRIVILEGES AND PERMITS LISTED IN THIS SECTION AT A REDUCED PRICE UP TO TEN DAYS PER YEAR TO ENCOURAGE RESIDENT AND OUT-OF-STATE HUNTERS, TRAPPERS AND ANGLERS TO UTILIZE NEW YORK'S HUNTING, TRAPPING AND FISHING OPPORTU- NITIES. THESE DAYS SHALL BE DESIGNATED IN A MANNER DETERMINED BY THE DEPARTMENT TO BEST PROVIDE PUBLIC NOTICE THEREOF AND TO MAXIMIZE PUBLIC PARTICIPATION THEREIN. S 17. Subdivision 14 of section 11-0305 of the environmental conserva- tion law, as amended by chapter 292 of the laws of 1996 and as renum- bered by section 2 of part F of chapter 82 of the laws of 2002, is amended to read as follows: 14. Notwithstanding any inconsistent provision of law, the commission- er may designate no more than [two] EIGHT days in each year that shall be effective in every administrative region of the department, as free sport fishing days during which any person may, without having a sport A. 8557--C 20 fishing license and without the payment of any fee, exercise the privi- leges of a holder of a sport fishing license, subject to all of the limitations, restrictions, conditions, laws, rules and regulations applicable to the holder of a sport fishing license. Free sport fishing days shall be designated in a manner determined by the department to best provide public notice thereof and to maximize public participation therein, so as to promote the recreational opportunities afforded by sport fishing. S 18. Subdivision 5 of section 11-0703 of the environmental conserva- tion law is amended by adding a new paragraph e to read as follows: E. ANY THREE OR FIVE-YEAR LICENSE ISSUED PURSUANT TO PARAGRAPH A OR B OF SUBDIVISION THREE OF SECTION 11-0715 SHALL BE EFFECTIVE FOR THE NUMBER OF LICENSE YEARS INDICATED THEREON BEGINNING ON SEPTEMBER FIRST AND ENDING AUGUST THIRTY-FIRST; PROVIDED, HOWEVER, THAT A THREE OR FIVE YEAR FISHING LICENSE SHALL REMAIN EFFECTIVE FOR EITHER THREE OR FIVE YEARS FROM THE DATE ON WHICH IT WAS ISSUED. S 19. Paragraphs a and b of subdivision 3 of section 11-0715 of the environmental conservation law, as amended by chapter 276 of the laws of 2013, are amended to read as follows: a. In the case of persons who meet the criteria set forth in paragraph c of subdivision four of section 11-0703 of this title: License Fee (1) (a) Hunting $22.00 (A-1) THREE-YEAR HUNTING $60.00 (A-2) FIVE-YEAR HUNTING $100.00 (b) Hunting ages fifteen and under $5.00 (2) (A) Fishing $25.00 (B) THREE-YEAR FISHING $70.00 (C) FIVE-YEAR FISHING $115.00 (3)(a) Trapping $20.00 (A-1) THREE-YEAR TRAPPING $55.00 (A-2) FIVE-YEAR TRAPPING $90.00 (b) Trapping ages fifteen and under $5.00 (4) (A) Muzzle-loading privilege $15.00 (B) THREE-YEAR MUZZLE-LOADING $40.00 (C) FIVE-YEAR MUZZLE-LOADING $65.00 (5)(a) Bowhunting privilege $15.00 (A-1) THREE-YEAR BOWHUNTING PRIVILEGE $40.00 (A-2) FIVE-YEAR BOWHUNTING PRIVILEGE $65.00 (b) Bowhunting privilege ages fifteen and under $4.00 (6) (A) Turkey permit $10.00 (B) THREE-YEAR TURKEY PERMIT $25.00 (C) FIVE-YEAR TURKEY PERMIT $40.00 (7) Seven-day fishing [$13.00] $12.00 (8) One-day fishing $ 5.00 A THREE OR FIVE-YEAR BOWHUNTING OR MUZZLE-LOADING PRIVILEGE OR TURKEY PERMIT MAY ONLY BE SOLD TO A PERSON WHO EITHER HAS PURCHASED A HUNTING LICENSE FOR THE SAME TERM OR POSSESSES A LIFETIME HUNTING LICENSE. b. In the case of a non-resident and persons resident in the state for less than thirty days: License Fee (1) (a) Hunting $100.00 (A-1) THREE-YEAR HUNTING $290.00 (A-2) FIVE-YEAR HUNTING $480.00 A. 8557--C 21 (b) Hunting ages fifteen and under $5.00 (2) (A) Fishing $50.00 (B) THREE-YEAR FISHING $140.00 (C) FIVE-YEAR FISHING $230.00 (3) Seven-day fishing [$31.00] $28.00 (4)(a) Trapping $275.00 (A-1) THREE-YEAR TRAPPING $825.00 (A-2) FIVE-YEAR TRAPPING $1,375.00 (b) Trapping ages fifteen and under $5.00 (5)(a) Bowhunting privilege $30.00 (A-1) THREE-YEAR BOWHUNTING PRIVILEGE $80.00 (A-2) FIVE-YEAR BOWHUNTING PRIVILEGE $130.00 (b) Bowhunting privilege ages fifteen and under $4.00 (6) (A) Muzzle-loading $30.00 (B) THREE-YEAR MUZZLE-LOADING $80.00 (C) FIVE-YEAR MUZZLE-LOADING $130.00 (7) (A) Turkey permit $20.00 (B) THREE-YEAR TURKEY PERMIT $55.00 (C) FIVE-YEAR TURKEY PERMIT $90.00 (8) One-day fishing $10.00 A THREE OR FIVE-YEAR BOWHUNTING OR MUZZLE-LOADING PRIVILEGE OR TURKEY PERMIT MAY ONLY BE SOLD TO A PERSON WHO EITHER HAS PURCHASED A HUNTING LICENSE FOR THE SAME TERM OR POSSESSES A LIFETIME HUNTING LICENSE. S 20. This act shall take effect April 1, 2014. PART J Intentionally Omitted PART K Section 1. Expenditures of moneys appropriated in a chapter of the laws of 2014 to the energy research and development authority, under the research, development and demonstration program, from the special reven- ue funds - other/state operations, miscellaneous special revenue fund - 339, energy research and planning account, and special revenue funds - other/aid to localities, miscellaneous special revenue fund - 339, ener- gy research and planning account shall be subject to the provisions of this section. Notwithstanding the provisions of subdivision 4-a of section 18-a of the public service law, all moneys committed or expended shall be reimbursed by assessment against gas corporations and electric corporations as defined in section 2 of the public service law, and the total amount which may be charged to any gas corporation and any elec- tric corporation shall not exceed one cent per one thousand cubic feet of gas sold and .010 cent per kilowatt-hour of electricity sold by such corporations in their intrastate utility operations in calendar year 2012. Such amounts shall be excluded from the general assessment provisions of subdivision 2 of section 18-a of the public service law, but shall be billed and paid in the manner set forth in such subdivision and upon receipt shall be paid to the state comptroller for deposit in the state treasury for credit to the miscellaneous special revenue fund. The director of the budget shall not issue a certificate of approval with respect to the commitment and expenditure of moneys hereby appro- priated until the chair of such authority shall have submitted, and the director of the budget shall have approved, a comprehensive financial A. 8557--C 22 plan encompassing all moneys available to and all anticipated commit- ments and expenditures by such authority from any source for the oper- ations of such authority. Copies of the approved comprehensive financial plan shall be immediately submitted by the director of the budget to the chairs and secretaries of the legislative fiscal committees. S 2. This act shall take effect immediately and shall be deemed to have been in full force and effect on and after April 1, 2014. PART L Section 1. Notwithstanding any law to the contrary, the comptroller is hereby authorized and directed to receive for deposit to the credit of the general fund the amount of up to $20,913,000 from the New York state energy research and development authority. S 2. This act shall take effect immediately and shall be deemed to have been in full force and effect on and after April 1, 2014. PART M Section 1. Legislative findings. The legislature hereby finds and determines: 1. In 2011 and 2012, three storms of enormous magnitude - Hurricane Irene, Tropical Storm Lee and Superstorm Sandy - each battered New York, causing billions of dollars of damage to roads, buildings and other infrastructure. The three storms collectively resulted in millions of residential, business and industrial customers of electric utilities losing electricity for extended periods of time. 2. Each of these storms caused, among other things, a disruption in the distribution and supply of motor fuels, and in the case of Super- storm Sandy, downstate motorists were unable to obtain routine supplies of fuel for several weeks. 3. In addition, temporary fuel distribution disruptions associated with the aftermath of a storm can result in emergency vehicles and responders unable to adequately address ongoing public safety and health emergencies, delay an appropriate response to infrastructure damages caused by a storm, and otherwise disrupt commerce in the state due to difficulty to obtain readily available motor fuels. 4. On November 15, 2012, in response to Superstorm Sandy, Governor Andrew M. Cuomo announced the creation of the NYS Ready Commission and tasked it with finding ways to ensure critical systems and services are prepared for future natural disasters and other emergencies. As related to this act, the Commission was tasked with addressing vulnerabilities in the state's energy systems. 5. The NYS Ready Commission recommended, among other things, to require that retail gasoline outlets located in strategic locations have on-site back-up power capacity to ensure that such outlets can continue fuel sales operations during a long-term electric outage. The purpose of this act is to ensure that the state is better situated in the future to address the temporary disruption of retail fuel supplies. S 2. Section 192-h of the agriculture and markets law, as added by section 2 of part S of chapter 58 of the laws of 2013, is amended to read as follows: S 192-h. Alternate generated power source at retail gasoline outlets. 1. Definitions. When used in this section: (a) "Alternate generated power source" means electric generating equipment that is of a capacity that is capable of providing adequate A. 8557--C 23 electricity to operate all dispensers, dispensing equipment, life safety systems and payment-acceptance equipment located at a retail outlet and which can operate independent of the local electric utility distribution system and provide electricity during a general power outage or declared energy or fuel supply emergency to operate the systems named herein. (b) "Chain of retail outlets" means a network of subsidiaries or affiliates, under direct or indirect common control, that operate ten or more retail outlets located in a single downstate region; provided, however that this term does not include any franchisor of the brand of motor fuel being sold at such outlet, except if such franchisor owns such outlet. (c) "Controlled access highway" means every highway, street, or road- way in respect to which owners or occupants of abutting lands and other persons have no legal right of access to or from the same except at such points only and in such manner as may be determined by the public authority having jurisdiction over such highway, street, or roadway. (d) "Diesel motor fuel" means any fuel sold in this state and for use in diesel engines which is commercially known or offered for sale as diesel motor fuel. (e) "Dispenser" means a device located at a retail outlet that is used to pump motor fuel from an above-ground or underground storage tank into a motor vehicle. (f) "Downstate region" means each of the following regions of the state: (i) Long Island region: Includes Nassau and Suffolk counties. (ii) Lower Mid-Hudson region: Includes Rockland and Westchester coun- ties. (iii) New York city region: Includes Bronx, Kings, New York, Queens and Richmond counties. (g) "Evacuation route" means those roads designated by each county, AND RECOGNIZED BY THE STATE, that are to be used by motorists in case of a hurricane or other natural disaster. (h) "Franchisor" means a person or company that grants a franchise to a franchisee. (i) "Gasoline" means any fuel sold in this state for use in internal combustion engines which is commercially known or offered for sale as gasoline, whether or not blended with ethanol or other chemicals. (j) "Motor fuel" means any petroleum product, including any gasoline or diesel motor fuel, which is used for the propulsion of motor vehi- cles. (k) "Retailer" means any person who owns, operates, or controls a retail outlet that is subject to the requirements of subdivision two of this section. (l) "Retail outlet" means a facility, including all land, improvements and associated structures and equipment, that dispenses motor fuel for sale to the general public. (M) "STRATEGIC UPSTATE HIGHWAYS" MEANS THE FOLLOWING: (I) I-87 BEGINNING AT THE ROCKLAND-ORANGE COUNTY LINE THENCE NORTHERLY PASSING THROUGH OR IN THE VICINITY OF ALBANY TO THE INTERSECTION WITH I-90, THE FOREGOING ROUTE BEING A PORTION OF THE NEW YORK STATE THRUWAY; THENCE CONTINUING NORTHERLY TO THE NEW YORK-CANADA BORDER; (II) I-90 BEGINNING AT I-87 IN THE VICINITY OF ALBANY THENCE WESTERLY PASSING THROUGH OR IN THE VICINITY OF SCHENECTADY, UTICA, SYRACUSE, ROCHESTER, AND BUFFALO; THENCE CONTINUING SOUTHWESTERLY TO THE NEW YORK-PENNSYLVANIA BORDER, THE FOREGOING ROUTE BEING A PORTION OF THE NEW YORK STATE THRUWAY; A. 8557--C 24 (III) THE BERKSHIRE SECTION OF THE NEW YORK STATE THRUWAY BEGINNING AT I-87 THENCE EASTERLY TO THE INTERSECTION WITH I-90 AND CONTINUING ON I-90 TO THE NEW YORK-MASSACHUSETTS BORDER; (IV) I-84 BEGINNING AT THE NEW YORK-NEW JERSEY BORDER THENCE EASTERLY PASSING THROUGH OR IN THE VICINITY OF NEWBURGH, THENCE CONTINUING EAST- ERLY AND SOUTHEASTERLY TO THE NEW YORK-CONNECTICUT BORDER; (V) I-88 BEGINNING AT I-81 IN THE VICINITY OF BINGHAMTON THENCE NORTHEASTERLY TO I-90 IN THE VICINITY OF SCHENECTADY; (VI) I-86/STATE ROUTE 17 BEGINNING AT I-87 IN THE VICINITY OF WOODBURY THENCE WESTERLY AND NORTHWESTERLY PASSING THROUGH OR IN THE VICINITY OF BINGHAMTON, ELMIRA, AND JAMESTOWN, CONTINUING TO THE NEW YORK-PENNSYLVA- NIA BORDER; (VII) I-81 BEGINNING AT THE NEW YORK-PENNSYLVANIA BORDER THENCE NORTH- ERLY PASSING THROUGH OR IN THE VICINITY OF SYRACUSE AND WATERTOWN, CONTINUING TO THE NEW YORK-CANADA BORDER; (VIII) I-390 BEGINNING AT I-86 IN THE VICINITY OF AVOCA THENCE NORTHWESTERLY AND NORTHERLY IN I-490 IN THE VICINITY OF ROCHESTER; AND (IX) I-190 BEGINNING AT I-90 IN THE VICINITY OF BUFFALO, THENCE WESTERLY, NORTHWESTERLY, AND NORTHERLY THROUGH BUFFALO, ACROSS GRAND ISLAND, THE FOREGOING ROUTE BEING A PORTION OF THE NEW YORK STATE THRU- WAY, AND THENCE GENERALLY WESTERLY TO THE UNITED STATES-CANADA BORDER IN THE VICINITY OF LEWISTON. (N) "UPSTATE REGION" MEANS ANY COUNTY OF THE STATE THAT IS NOT PART OF THE DOWNSTATE REGION. 2. Prewiring and transfer switch. (a) Retail outlets in the downstate region shall be prewired with an appropriate transfer switch for using an alternate generated power source at such retail outlets as follows: (i) each retail outlet in operation on the effective date of this section that is located within one-half mile by road measurement from an exit road on a controlled access highway or from an evacuation route shall be prewired by no later than April first, two thousand fourteen; (ii) each retail outlet beginning operation after the effective date of this section and before April first, two thousand fourteen that is located within one-half mile by road measurement from an exit road on a controlled access highway or from an evacuation route shall be prewired by no later than April first, two thousand fifteen; (iii) each retail outlet that is located within one-half mile by road measurement from an evacuation route that is designated as such after the effective date of this section or within one-half mile by road meas- urement from an exit road that is established after the effective date of this section shall be prewired within one year of such designation or establishment provided that funding is available at such time for the program established under subdivision twenty of section eighteen hundred fifty-four of the public authorities law; and (iv) thirty percent of all retail outlets that are part of a chain of retail outlets, exclusive of those included in subparagraphs (i), (ii) and (iii) of this paragraph, shall be prewired by no later than August first, two thousand fifteen, provided, however, in the case of an exist- ing retail outlet that becomes part of a chain of retail outlets after the effective date of this section and that has been designated by the chain as an outlet comprising such thirty percent, by no later than August first, two thousand fifteen or one year after becoming part of such chain, whichever is later, and provided further, in the case of a retail outlet that is part of a chain of retail outlets, is part of such thirty percent and is subject to paragraph (b) of this subdivision as required in paragraph (b) of this subdivision. A. 8557--C 25 (A-1) RETAIL OUTLETS IN THE UPSTATE REGION SHALL BE PREWIRED WITH AN APPROPRIATE TRANSFER SWITCH FOR USING AN ALTERNATE GENERATED POWER SOURCE AT SUCH RETAIL OUTLETS AS FOLLOWS: (I) EACH RETAIL OUTLET IN OPERATION ON THE EFFECTIVE DATE OF THIS PARAGRAPH THAT IS LOCATED ON A STRATEGIC UPSTATE HIGHWAY OR WITHIN ONE- HALF MILE BY ROAD MEASUREMENT FROM AN EXIT ROAD ON A STRATEGIC UPSTATE HIGHWAY OR FROM AN EVACUATION ROUTE SHALL BE PREWIRED BY NO LATER THAN APRIL FIRST, TWO THOUSAND FIFTEEN; (II) EACH RETAIL OUTLET BEGINNING OPERATION AFTER THE EFFECTIVE DATE OF THIS PARAGRAPH AND BEFORE APRIL FIRST, TWO THOUSAND FIFTEEN THAT IS LOCATED ON A STRATEGIC UPSTATE HIGHWAY OR WITHIN ONE-HALF MILE BY ROAD MEASUREMENT FROM AN EXIT ROAD ON A STRATEGIC UPSTATE HIGHWAY OR FROM AN EVACUATION ROUTE SHALL BE PREWIRED BY NO LATER THAN APRIL FIRST, TWO THOUSAND SIXTEEN; AND (III) EACH RETAIL OUTLET THAT IS LOCATED WITHIN ONE-HALF MILE BY ROAD MEASUREMENT FROM AN EVACUATION ROUTE THAT IS DESIGNATED AS SUCH AFTER THE EFFECTIVE DATE OF THIS SECTION OR ON A STRATEGIC UPSTATE HIGHWAY OR WITHIN ONE-HALF MILE BY ROAD MEASUREMENT FROM AN EXIT ROAD ON A STRATE- GIC UPSTATE HIGHWAY THAT IS ESTABLISHED AFTER THE EFFECTIVE DATE OF THIS PARAGRAPH SHALL BE PREWIRED WITHIN ONE YEAR OF SUCH DESIGNATION OR ESTABLISHMENT PROVIDED THAT FUNDING IS AVAILABLE AT SUCH TIME FOR THE PROGRAM ESTABLISHED UNDER SUBDIVISION TWENTY OF SECTION EIGHTEEN HUNDRED FIFTY-FOUR OF THE PUBLIC AUTHORITIES LAW. (b) Each retail outlet for which a building permit is issued on or after April first, two thousand fourteen for new construction or for substantial demolition and reconstruction, shall be prewired with an appropriate transfer switch for using an alternate generated power source. (c) Such transfer switch and all associated electrical wiring shall be installed, operated, and maintained in compliance with all applicable provisions of the New York state uniform fire prevention and building code or any applicable local building code or standard. Installation of appropriate wiring and transfer switches shall be performed by a licensed electrical contractor. (d) Each retailer shall keep on file at the retail outlet a written statement in a form approved by the department and containing an attes- tation by a licensed electrician that the wiring and transfer switch were installed in accordance with the manufacturer's specifications. In addition, each such retailer shall maintain the wiring and transfer switch in accordance with the manufacturer's specifications. (e) Each retail outlet IN THE DOWNSTATE REGION in operation on the effective date of this section that sold less than seventy-five thousand gallons of motor fuel per month on average for the period they were in operation during the twelve months prior to the effective date shall be exempt from the requirements of this subdivision. 3. Emergency deployment. In the event that a declaration of an energy or fuel supply emergency issued by the governor, the county executive of a county [in the downstate region] CONTAINING RETAIL OUTLETS SUBJECT TO THE PROVISIONS OF THIS SECTION or the mayor of a city with a population in excess of one million inhabitants is in effect, a retailer of a retail outlet within any such county or city for which such declaration was issued shall deploy and install an alternate generated power source as follows: (a) For a retail outlet subject to the requirements of: (i) PARAGRAPH (A-1) OF SUBDIVISION TWO OF THIS SECTION OR subparagraphs (i), (ii) or (iii) of paragraph (a) of subdivision two of this section or (ii) para- A. 8557--C 26 graph (b) of subdivision two of this section that is located in the downstate region and that is located within one-half mile by road meas- urement from an exit road on a controlled access highway or from an evacuation route, within twenty-four hours of such declaration, if such outlet is without power at the time of such declaration. Provided, however, if any such outlet loses power following such declaration and while the declaration is still in effect, then the alternate generated power source shall be deployed and installed within twenty-four hours of such loss of power. (b) For a retail outlet prewired pursuant to the requirements of subparagraph (iv) of paragraph (a) of subdivision two of this section, within forty-eight hours of such declaration, if such outlet is without power at the time of such declaration. Provided, however, if any such outlet loses power following such declaration and while the declaration is still in effect, then the alternate generated power source shall be deployed and installed within forty-eight hours of the loss of power. 3-a. Declaration of energy or fuel supply emergency. Upon issuance of a declaration of an energy or fuel supply emergency pursuant to this subdivision, a county executive of a county [in the downstate region] WHOSE RETAIL OUTLETS ARE SUBJECT TO THE PROVISIONS OF THIS SECTION or mayor of a city with a population in excess of one million inhabitants who declared such emergency shall promptly notify the president of the New York state energy research and development authority, the commis- sioner of homeland security and emergency services, and impacted resi- dents using such means as are practicable and efficient. 4. Plan for alternate generated power source. Each retailer subject to subdivision three of this section shall by the date of the installation of the prewiring and transfer switch required under subdivision two of this section have in place at each applicable retail outlet documenta- tion in a form approved by the department demonstrating a plan to deploy and install an alternate generated power source located at such retail outlet as required under subdivision three of this section. Such plan shall take one of the following forms: (a) a receipt or other documentation showing ownership of such power source; (b) for a retailer subject to paragraph (a) of subdivision three of this section, documentation attesting to participation in the program established under subdivision twenty-one of section eighteen hundred fifty-four of the public authorities law; or (c) a contract with a supplier of such power source providing for deployment and installation of such power source in compliance with the requirements of this section, or other documentation demonstrating the retailer's ability to comply with the requirements of this section, which may include the generator deployment and installation plan of a chain of retail outlets. 5. Inspection; recordkeeping; reporting. The commissioner or the commissioner's designee shall be authorized to enter during regular business hours upon a retail outlet subject to the requirements of subdivision two of this section for the purpose of determining compli- ance with the provisions of this section and any rules or regulations promulgated hereunder. All documents required pursuant to subdivisions two and four of this section shall be maintained at the applicable retail outlet and made available to the commissioner or the commission- er's designee upon request. In addition, each retailer of a retail outlet, except for retail outlets granted exemptions under paragraph (e) of subdivision two of this section, shall provide to the department by A. 8557--C 27 [April first, two thousand fourteen] THE DATE OF THE INSTALLATION OF THE PREWIRING AND TRANSFER SWITCH REQUIRED UNDER SUBDIVISION TWO OF THIS SECTION and every two years thereafter written documentation in a form approved by the department certifying that such retail outlet is in compliance with the requirements of this section, and any other require- ment specified by any rules or regulations promulgated hereunder; provided, however, that, for each retail outlet that is part of a chain of retail outlets or to which subparagraph (ii) or (iii) of paragraph (a), SUBPARAGRAPH (III) OF PARAGRAPH (A-1) or paragraph (b) of subdivi- sion two applies, such written documentation shall be provided to the department within ten days after the date of installation of the prewir- ing and transfer switch required to be installed under subdivision two of this section and every two years thereafter. 6. Rules and regulations; notification of applicability. The commis- sioner shall have the authority, with the assistance of the commissioner of transportation, the commissioner of homeland security and emergency services, the president of the New York state energy research and devel- opment authority, the secretary of state and the chair of the public service commission, to promulgate such rules and regulations as the commissioner shall deem necessary to effectuate the purposes of this section. The commissioner shall by June first, two thousand thirteen: (a) notify by first class mail all existing retail outlets that appear to meet the criteria specified in subdivision two of this section of the requirements of this section and include with such notification any other information deemed necessary by the commissioner, including infor- mation regarding applicability criteria, compliance measures and poten- tial grant assistance; (b) provide a list of all such retail outlets to the governor, the temporary president of the senate and the speaker of the assembly; and (c) post such list on the department's website, PROVIDED HOWEVER THAT FOR RETAIL OUTLETS SUBJECT TO PARAGRAPH (A-1) OF SUBDIVISION TWO OF THIS SECTION, SUCH ACTIONS SHALL OCCUR BY JUNE FIRST, TWO THOUSAND FOURTEEN. If approval of federal mitigation funds or other approved resources for the program established under subdivision twenty of section eighteen hundred fifty-four of the public authorities law occurs after June first, two thousand thirteen, the commissioner shall provide additional notification of such approval within thirty days. Any retailer of a retail outlet specified on such list shall be subject to the requirements of this section unless he or she provides written documentation to the department by August first, two thousand thirteen proving that such outlet does not qualify, or is eligible for an exemption pursuant to paragraph (e) of subdivision two of this section; PROVIDED HOWEVER THAT FOR RETAIL OUTLETS SUBJECT TO PARAGRAPH (A-1) OF SUBDIVISION TWO OF THIS SECTION, ANY RETAILER OF A RETAIL OUTLET SPECI- FIED ON SUCH LIST SHALL BE SUBJECT TO THE REQUIREMENTS OF THIS SECTION UNLESS HE OR SHE PROVIDES WRITTEN DOCUMENTATION TO THE DEPARTMENT BY AUGUST FIRST, TWO THOUSAND FOURTEEN PROVING THAT SUCH OUTLET DOES NOT QUALIFY. The commissioner shall update such list every five years ther- eafter, OR MORE FREQUENTLY AS THE COMMISSIONER DEEMS NECESSARY, and notify all new retail outlets that become subject to the requirements of this section; provided, however, that compliance with the requirements of this section is not conditioned on such notification. 7. Violations and penalties. Any retailer who violates any provision of this section, or any rule or regulation promulgated hereunder, shall be liable to the people of the state for a civil penalty of up to one thousand five hundred dollars per day for every such violation, to be assessed by the commissioner, after a hearing or opportunity to be heard A. 8557--C 28 upon due notice and with the right to representation by counsel. In determining the amount of civil penalty, the commissioner shall take into consideration mitigating factors, such as the availability of gaso- line at the retail outlet, provided that the retailer did not refuse such delivery, and the extent to which the retailer's action or inaction contributed to the violation. Such penalty may be recovered in an action brought by the attorney general at the request and in the name of the commissioner in any court of competent jurisdiction. Such civil penalty may be released or compromised by the commissioner before the matter has been referred to the attorney general. Additionally, after such hearing and a finding that such retailer has violated the provisions of this section, or of any rule or regulation promulgated thereunder, the commissioner may issue and cause to be served upon such person an order enjoining such person from violating such provisions and taking all necessary actions for such person to come into compliance with such provisions. Any such order of the commissioner may be enforced in an action brought by the attorney general at the request and in the name of the commissioner in any court of competent jurisdiction. Notwithstanding the foregoing, such retailer shall not be in violation of subdivision three of this section if he or she is unable to deploy, install or operate an alternate generated power source because of uncon- trollable circumstances, including but not limited to, restrictions imposed by public safety officers to address an emergency situation or that such retail station is made unsafe or unable to operate due to acts of God, fires, floods, explosions or the safety of personnel needed to operate such retail outlet. Additionally, such retailer shall not be in violation of subdivision three of this section if he or she is a partic- ipant in the program established under subdivision twenty-one of section eighteen hundred fifty-four of the public authorities law and a genera- tor is not provided to the retailer due to the prioritization allowed under such subdivision or through no fault of the retailer. 8. This section shall not be construed to require any retailer to maintain set business hours in the event of an energy or fuel supply emergency. 9. The provisions of this section shall supersede all local laws or ordinances in the downstate region AND IN COUNTIES IN THE UPSTATE REGION WHOSE RETAIL OUTLETS ARE SUBJECT TO THE PROVISIONS OF THIS SECTION relating to the installation and deployment of an alternate generated power source or any related electrical or other equipment at any retail outlet. 10. The requirements of this section shall be contingent on the approval of federal mitigation funds or other approved resources for the program established under subdivision twenty of section eighteen hundred fifty-four of the public authorities law. In the event such approval does not occur as of June first, two thousand thirteen, all deadlines with a date of April first, two thousand fourteen shall be delayed by the amount of time such approval is delayed past June first, two thou- sand thirteen. S 3. Subdivisions 20 and 21 of section 1854 of the public authorities law, as added by section 3 of part S of chapter 58 of the laws of 2013, are amended to read as follows: 20. To administer a program, using funds provided for such purpose, to provide a grant based on standards and guidelines established by the authority for costs as follows: (a) for each retail outlet that is in operation before April first, two thousand fourteen and is subject to the requirements of paragraph A. 8557--C 29 (a) of subdivision three of section one hundred ninety-two-h of the agriculture and markets law AND FOR EACH RETAIL OUTLET THAT IS IN OPERA- TION BEFORE APRIL FIRST, TWO THOUSAND FIFTEEN AND IS SUBJECT TO THE REQUIREMENTS OF PARAGRAPH (A-1) OF SUBDIVISION TWO OF SECTION ONE HUNDRED NINETY-TWO-H OF THE AGRICULTURE AND MARKETS LAW: (i) no greater than ten thousand dollars required to prewire such retail outlet with an appropriate transfer switch for using an alternate generated power source as defined in section one hundred ninety-two-h of the agriculture and markets law; or (ii) no greater than thirteen thousand dollars required to prewire such retail outlet with an appropriate transfer switch for using an alternate generated power source as defined in section one hundred nine- ty-two-h of the agriculture and markets law and purchase such power source to be permanently affixed at the site. (b) for each retail outlet that is in operation before April first, two thousand fourteen and is subject to the requirements of paragraph (b) of subdivision three of section one hundred ninety-two-h of the agriculture and markets law, no greater than ten thousand dollars required to: (i) prewire an existing retail outlet with an appropriate transfer switch for using an alternate generated power source as defined in section one hundred ninety-two-h of the agriculture and markets law; and/or (ii) purchase such power source to be permanently affixed at the site. (c) to the extent funds are available, for retail outlets that become operational on or after April first, two thousand fourteen, or to which subdivision two of section one hundred ninety-two-h of the agriculture and markets law becomes applicable after the effective date of this subdivision, which grants shall otherwise be subject to the same amounts, purposes and restrictions as paragraphs (a) and (b) of this subdivision. The authority may offer any funds provided for such purpose and not expended to retail outlets that are not required to comply with the requirements of subdivision two of section one hundred ninety-two-h of the agriculture and markets law but that seek to participate in such program. 21. To administer a program to establish a pool of generators for retail outlets as defined in section one hundred ninety-two-h of the agriculture and markets law. The authority may enter into or facilitate contracts, lease agreements and any other instruments subject to the provisions of law, with companies providing generators and generator services to provide for such pool and the deployment and installation of generators in the pool. Retail outlets that elect to participate in the program and are subject to the requirements of PARAGRAPH (A-1) OF SUBDI- VISION TWO OR paragraph (a) of subdivision three of section one hundred ninety-two-h of the agriculture and markets law shall be required only to pay the actual cost of generator rental, deployment and installation in the event that emergency deployment is required, provided, that a participant must abide by the terms of any contract or written agreement covering the rental, deployment and installation of such generator. In the event that an insufficient number of generators is available to meet required emergency deployment, the authority in consultation with the commissioner of homeland security and emergency services shall prior- itize such retail outlets as are most essential to public safety and well-being during the energy or fuel supply emergency. When generators from such program are deployed, the authority shall provide public A. 8557--C 30 notice on its website, to the media and through other means practicable of those retail outlets where generators are deployed. S 4. This act shall take effect immediately. PART N Section 1. Section 2 of chapter 21 of the laws of 2003, amending the executive law relating to permitting the secretary of state to provide special handling for all documents filed or issued by the division of corporations and to permit additional levels of such expedited service, as amended by section 1 of part P of chapter 58 of the laws of 2013, is amended to read as follows: S 2. This act shall take effect immediately, provided however, that section one of this act shall be deemed to have been in full force and effect on and after April 1, 2003 and shall expire March 31, [2014] 2015. S 2. This act shall take effect immediately and shall be deemed to have been in full force and effect on and after March 31, 2014. PART O Section 1. Paragraph (g) of section 104 of the business corporation law, as amended by chapter 375 of the laws of 1998, is amended to read as follows: (g) The department shall make, certify and transmit ELECTRONICALLY a copy of each such instrument to the clerk of the county in which the office of the domestic or foreign corporation is or is to be located. The county clerk shall file and index such copy. S 2. Paragraph (g) of section 104 of the not-for-profit corporation law, as amended by chapter 375 of the laws of 1998, is amended to read as follows: (g) The department shall make, certify and transmit ELECTRONICALLY a copy of each such instrument to the clerk of the county in which the office of the domestic or foreign corporation is or is to be located. The county clerk shall file and index such copy. S 3. This act shall take effect immediately. PART P Section 1. Subdivision 2 of section 160-f of the executive law, as amended by chapter 397 of the laws of 1991, is amended to read as follows: 2. Notwithstanding any other law, the department may transmit an annu- al registry fee [of not more than twenty-five dollars] AS SET BY THE FEDERAL APPRAISAL SUBCOMMITTEE IN ACCORDANCE WITH 12 U.S.C. 3338 (A)(4)(A) from such individuals who perform or seek to perform appraisals in federally related transactions and to transmit a roster of such individuals to the Appraisal Subcommittee of the Federal Financial Institutions Examination Council as required by Title XI of the Finan- cial Institutions Reform, Recovery, and Enforcement Act of 1989. S 2. This act shall take effect immediately. PART Q Section 1. Notwithstanding any other law, rule or regulation to the contrary, expenses of the department of health public service education A. 8557--C 31 program incurred pursuant to appropriations from the cable television account of the state miscellaneous special revenue funds shall be deemed expenses of the department of public service. S 2. This act shall take effect immediately and shall be deemed to have been in full force and effect on and after April 1, 2014. PART R Intentionally Omitted PART S Section 1. Subdivision 6 of section 18-a of the public service law, as added by section 4 of part NN of chapter 59 of the laws of 2009, para- graph (a) as amended by section 1 of part BB of chapter 59 of the laws of 2013, paragraph (b) as amended by section 2 of part A of chapter 173 of the laws of 2013, is amended to read as follows: 6. (a) Notwithstanding any provision of law to the contrary, and subject to the exceptions provided for in paragraph (b) of this subdivi- sion, for the state fiscal year beginning on April first, two thousand nine and eight state fiscal years thereafter, a temporary annual assess- ment (hereinafter "temporary state energy and utility service conserva- tion assessment") is hereby imposed on public utility companies (includ- ing for the purposes of this subdivision municipalities other than municipalities as defined in section eighty-nine-l of this chapter), corporations (including for purposes of this subdivision the Long Island power authority), and persons subject to the commission's regulation (hereinafter such public utility companies, corporations, and persons are referred to collectively as the "utility entities") to encourage the conservation of energy and other resources provided through utility entities, to be assessed in the manner provided in this subdivision; provided, however, that such assessment shall not be imposed upon:(1) telephone corporations as defined in subdivision seventeen of section two of this article, AND (2) RESIDENTIAL CUSTOMER ACCOUNTS. (b) The temporary state energy and utility service conservation assessment shall be based upon the following percentum of the utility entity's gross operating revenues derived from intrastate utility oper- ations in the last preceding calendar year, minus the amount, if any, that such utility entity is assessed pursuant to subdivisions one and two of this section for the corresponding state fiscal year period: (1) two percentum for the state fiscal year beginning April first, two thou- sand thirteen and the state fiscal year beginning April first, two thou- sand fourteen; (2) one and three-quarters percentum for the state fiscal year beginning April first, two thousand fifteen; and (3) [one and one- half] 0.83 percentum for the state fiscal year beginning April first, two thousand sixteen. With respect to the temporary state energy and utility service conservation assessment to be paid for the state fiscal year beginning April first, two thousand seventeen and notwithstanding clause (i) of paragraph (d) of this subdivision, on or before March tenth, two thousand seventeen, utility entities shall make a payment equal to one-half of the assessment paid by such entities pursuant to this paragraph for the state fiscal year beginning on April first, two thousand sixteen. With respect to the Long Island power authority, the temporary state energy and utility service conservation assessment shall APPLY ONLY TO THE GROSS OPERATING REVENUES NOT EXEMPTED IN PARAGRAPH (A) OF THIS SUBDIVISION AND SHALL be based upon the following percentum of A. 8557--C 32 such authority's gross operating revenues derived from intrastate utili- ty operations in the last preceding calendar year, minus the amount, if any, that such authority is assessed pursuant to subdivisions one-a and two of this section for the corresponding state fiscal year period: (1) one percentum for the state fiscal year beginning April first, two thou- sand thirteen and the state fiscal year beginning April first, two thou- sand fourteen; (2) three-quarters of one percentum for the state fiscal year beginning April first, two thousand fifteen; and (3) [one-half] 0.36 percentum for the state fiscal year beginning April first, two thousand sixteen; provided, however, that should the amount assessed by the department for costs and expenses pursuant to such subdivisions equal or exceed such authority's temporary state energy and utility service conservation assessment for a particular fiscal year, the amount to be paid under this subdivision by such authority shall be zero. With respect to the temporary state energy and utility service conservation assessment to be paid for the state fiscal year beginning April first, two thousand seventeen and notwithstanding clause (i) of paragraph (d) of this subdivision, on or before March tenth, two thousand seventeen, the Long Island power authority shall make a payment equal to one-half of the assessment it paid for the state fiscal year beginning on April first, two thousand sixteen. No corporation or person subject to the jurisdiction of the commission only with respect to safety, or the power authority of the state of New York, shall be subject to the temporary state energy and utility service conservation assessment provided for under this subdivision. Utility entities whose gross operating revenues from intrastate utility operations are five hundred thousand dollars or less in the preceding calendar year shall not be subject to the tempo- rary state energy and utility service conservation assessment. The mini- mum temporary state energy and utility service conservation assessment to be billed to any utility entity whose gross revenues from intrastate utility operations are in excess of five hundred thousand dollars in the preceding calendar year shall be two hundred dollars. (c) The chairman of the department shall determine, prior to the start of each state fiscal year, the amount of the temporary state energy and utility service conservation assessment for utility entities for the fiscal year. Based on that determination, a bill shall be rendered for each utility entity on or before February first preceding each state fiscal year for the amount as set forth in paragraph (b) of this subdi- vision. (d) Each utility entity must pay the bill rendered to it pursuant to paragraph (c) of this subdivision as follows: (i) The amount of such bill shall be paid by such public utility company to the department on or before April first; provided, however, that a utility company may elect to make partial payments for such costs and expenses on March tenth of the preceding fiscal year and on Septem- ber tenth of such fiscal year. Each such partial payment shall be a sum equal to fifty percentum of the estimate of costs and expenses to be assessed against such utility company under the provisions of this subdivision and shall not be less than two hundred dollars. (ii) During the course of any state fiscal year, the chairman may adjust the amount of the bills as appropriate to reflect, among other things, the actual reported revenues. In such case, revised bills shall be sent to each utility entity subject to the provisions of this subdi- vision, and such increase or decrease shall be equally apportioned against the remaining payments for such fiscal year; A. 8557--C 33 (e) For the purposes of calculating the commodity cost component of its gross operating revenue, where the utility delivers to end-use customers electricity and/or natural gas commodities that are sold to such customers by a third party, such utility shall include in its revenues an estimate of the sales revenue for the electric and/or natural gas commodities that it delivers, including all such commodities sold to end-use customers by third parties, in such manner as to assure that all end-use delivery customers, regardless of the entity from which they purchase their electric and/or natural gas commodities, bear a fair and proportionate share of the assessment imposed herein, as the commis- sion may determine. (f) Notwithstanding any provision of law to the contrary, all tempo- rary state energy and utility service conservation assessment monies collected and received by the department shall be deposited to the cred- it of the comptroller with such responsible banks, banking houses or trust companies as may be designated by the comptroller. Such deposits shall be kept separate and apart from all other monies in the possession of the comptroller. The comptroller shall require adequate security from all such depositories. Of the total amount collected, the comptroller shall retain the amount determined by the chairman to be necessary for refund of overpayments out of which the comptroller must pay any refunds to which a utility entity may be entitled pursuant to paragraph (g) of this subdivision. After reserving the amount to pay refunds, the comp- troller shall, on or before the tenth day of each month, or more frequently as he or she may deem appropriate, pay all temporary state energy and utility service conservation assessment monies collected and received under this subdivision and remaining to the comptroller's cred- it into the state general fund. (g) On or before October tenth of each year, the chairman may compute adjustments or other corrections as needed for the preceding state fiscal year and, shall, on or before October twentieth, send to each utility entity affected thereby, a statement setting forth the amount due and payable by, or the amount standing to the credit of, such utili- ty entity. Any amount owing by any utility entity shall be paid not later than thirty days following the date such statement is received. Any such amount standing to the credit of any utility entity shall be refunded by the chairman. (h) The chairman is authorized to coordinate the implementation of this subdivision with the other subdivisions of this section, including for purposes of, but not limited to, billing and collection of the assessments provided for under this section. S 2. This act shall take effect immediately; provided, however, that the amendments to subdivision 6 of section 18-a of the public service law made by section one of this act shall not affect the repeal of such subdivision and shall be deemed repealed therewith. PART T Intentionally Omitted PART U Section 1. Paragraphs 11, 12, 13, 14, 16 and 17 of subsection (a) of section 3217-a of the insurance law, as added by chapter 705 of the laws of 1996, are amended and four new paragraphs 16-a, 18, 19 and 20 are added to read as follows: A. 8557--C 34 (11) where applicable, notice that an insured enrolled in a managed care product OR IN A COMPREHENSIVE POLICY THAT UTILIZES A NETWORK OF PROVIDERS offered by the insurer may obtain a referral [to] OR PREAU- THORIZATION FOR a health care provider outside of the insurer's network or panel when the insurer does not have a health care provider [with] WHO IS GEOGRAPHICALLY ACCESSIBLE TO THE INSURED AND WHO HAS THE appro- priate training and experience in the network or panel to meet the particular health care needs of the insured and the procedure by which the insured can obtain such referral OR PREAUTHORIZATION; (12) where applicable, notice that an insured enrolled in a managed care product OR A COMPREHENSIVE POLICY THAT UTILIZES A NETWORK OF PROVIDERS offered by the insurer with a condition which requires ongoing care from a specialist may request a standing referral to such a specialist and the procedure for requesting and obtaining such a stand- ing referral; (13) where applicable, notice that an insured enrolled in a managed care product OR A COMPREHENSIVE POLICY THAT UTILIZES A NETWORK OF PROVIDERS offered by the insurer with [(i)] (A) a life-threatening condition or disease, or [(ii)] (B) a degenerative and disabling condi- tion or disease, either of which requires specialized medical care over a prolonged period of time may request a specialist responsible for providing or coordinating the insured's medical care and the procedure for requesting and obtaining such a specialist; (14) where applicable, notice that an insured enrolled in a managed care product OR A COMPREHENSIVE POLICY THAT UTILIZES A NETWORK OF PROVIDERS offered by the insurer with [(i)] (A) a life-threatening condition or disease, or [(ii)] (B) a degenerative and disabling condi- tion or disease, either of which requires specialized medical care over a prolonged period of time, may request access to a specialty care center and the procedure by which such access may be obtained; (16) notice of all appropriate mailing addresses and telephone numbers to be utilized by insureds seeking information or authorization; [and] (16-A) WHERE APPLICABLE, NOTICE THAT AN INSURED SHALL HAVE DIRECT ACCESS TO PRIMARY AND PREVENTIVE OBSTETRIC AND GYNECOLOGIC SERVICES, INCLUDING ANNUAL EXAMINATIONS, CARE RESULTING FROM SUCH ANNUAL EXAMINA- TIONS, AND TREATMENT OF ACUTE GYNECOLOGIC CONDITIONS, FROM A QUALIFIED PROVIDER OF SUCH SERVICES OF HER CHOICE FROM WITHIN THE PLAN OR FOR ANY CARE RELATED TO A PREGNANCY; (17) where applicable, a listing by specialty, which may be in a sepa- rate document that is updated annually, of the name, address, and tele- phone number of all participating providers, including facilities, and in addition, in the case of physicians, board certification[.], LANGUAGES SPOKEN AND ANY AFFILIATIONS WITH PARTICIPATING HOSPITALS. THE LISTING SHALL ALSO BE POSTED ON THE INSURER'S WEBSITE AND THE INSURER SHALL UPDATE THE WEBSITE WITHIN FIFTEEN DAYS OF THE ADDITION OR TERMI- NATION OF A PROVIDER FROM THE INSURER'S NETWORK OR A CHANGE IN A PHYSI- CIAN'S HOSPITAL AFFILIATION; (18) A DESCRIPTION OF THE METHOD BY WHICH AN INSURED MAY SUBMIT A CLAIM FOR HEALTH CARE SERVICES; (19) WITH RESPECT TO OUT-OF-NETWORK COVERAGE: (A) A CLEAR DESCRIPTION OF THE METHODOLOGY USED BY THE INSURER TO DETERMINE REIMBURSEMENT FOR OUT-OF-NETWORK HEALTH CARE SERVICES; (B) THE AMOUNT THAT THE INSURER WILL REIMBURSE UNDER THE METHODOLOGY FOR OUT-OF-NETWORK HEALTH CARE SERVICES SET FORTH AS A PERCENTAGE OF THE USUAL AND CUSTOMARY COST FOR OUT-OF-NETWORK HEALTH CARE SERVICES; AND A. 8557--C 35 (C) EXAMPLES OF ANTICIPATED OUT-OF-POCKET COSTS FOR FREQUENTLY BILLED OUT-OF-NETWORK HEALTH CARE SERVICES; AND (20) INFORMATION IN WRITING AND THROUGH AN INTERNET WEBSITE THAT REASONABLY PERMITS AN INSURED OR PROSPECTIVE INSURED TO ESTIMATE THE ANTICIPATED OUT-OF-POCKET COST FOR OUT-OF-NETWORK HEALTH CARE SERVICES IN A GEOGRAPHICAL AREA OR ZIP CODE BASED UPON THE DIFFERENCE BETWEEN WHAT THE INSURER WILL REIMBURSE FOR OUT-OF-NETWORK HEALTH CARE SERVICES AND THE USUAL AND CUSTOMARY COST FOR OUT-OF-NETWORK HEALTH CARE SERVICES. S 2. Paragraphs 11 and 12 of subsection (b) of section 3217-a of the insurance law, as added by chapter 705 of the laws of 1996, are amended and two new paragraphs 13 and 14 are added to read as follows: (11) where applicable, provide the written application procedures and minimum qualification requirements for health care providers to be considered by the insurer for participation in the insurer's network for a managed care product; [and] (12) disclose such other information as required by the superinten- dent, provided that such requirements are promulgated pursuant to the state administrative procedure act[.]; (13) DISCLOSE WHETHER A HEALTH CARE PROVIDER SCHEDULED TO PROVIDE A HEALTH CARE SERVICE IS AN IN-NETWORK PROVIDER; AND (14) WITH RESPECT TO OUT-OF-NETWORK COVERAGE, DISCLOSE THE APPROXIMATE DOLLAR AMOUNT THAT THE INSURER WILL PAY FOR A SPECIFIC OUT-OF-NETWORK HEALTH CARE SERVICE. THE INSURER SHALL ALSO INFORM THE INSURED THROUGH SUCH DISCLOSURE THAT SUCH APPROXIMATION IS NOT BINDING ON THE INSURER AND THAT THE APPROXIMATE DOLLAR AMOUNT THAT THE INSURER WILL PAY FOR A SPECIFIC OUT-OF-NETWORK HEALTH CARE SERVICE MAY CHANGE. S 3. Section 3217-a of the insurance law is amended by adding a new subsection (f) to read as follows: (F) FOR PURPOSES OF THIS SECTION, "USUAL AND CUSTOMARY COST" SHALL MEAN THE EIGHTIETH PERCENTILE OF ALL CHARGES FOR THE PARTICULAR HEALTH CARE SERVICE PERFORMED BY A PROVIDER IN THE SAME OR SIMILAR SPECIALTY AND PROVIDED IN THE SAME GEOGRAPHICAL AREA AS REPORTED IN A BENCHMARKING DATABASE MAINTAINED BY A NONPROFIT ORGANIZATION SPECIFIED BY THE SUPER- INTENDENT. THE NONPROFIT ORGANIZATION SHALL NOT BE AFFILIATED WITH AN INSURER, A CORPORATION SUBJECT TO ARTICLE FORTY-THREE OF THIS CHAPTER, A MUNICIPAL COOPERATIVE HEALTH BENEFIT PLAN CERTIFIED PURSUANT TO ARTICLE FORTY-SEVEN OF THIS CHAPTER, OR A HEALTH MAINTENANCE ORGANIZATION CERTI- FIED PURSUANT TO ARTICLE FORTY-FOUR OF THE PUBLIC HEALTH LAW. S 4. Section 3217-d of the insurance law is amended by adding a new subsection (d) to read as follows: (D) AN INSURER THAT ISSUES A COMPREHENSIVE POLICY THAT UTILIZES A NETWORK OF PROVIDERS AND IS NOT A MANAGED CARE HEALTH INSURANCE CONTRACT AS DEFINED IN SUBSECTION (C) OF SECTION FOUR THOUSAND EIGHT HUNDRED ONE OF THIS CHAPTER, SHALL PROVIDE ACCESS TO OUT-OF-NETWORK SERVICES CONSISTENT WITH THE REQUIREMENTS OF SUBSECTION (A) OF SECTION FOUR THOU- SAND EIGHT HUNDRED FOUR OF THIS CHAPTER, SUBSECTIONS (G-6) AND (G-7) OF SECTION FOUR THOUSAND NINE HUNDRED OF THIS CHAPTER, SUBSECTIONS (A-1) AND (A-2) OF SECTION FOUR THOUSAND NINE HUNDRED FOUR OF THIS CHAPTER, PARAGRAPHS THREE AND FOUR OF SUBSECTION (B) OF SECTION FOUR THOUSAND NINE HUNDRED TEN OF THIS CHAPTER, AND SUBPARAGRAPHS (C) AND (D) OF PARA- GRAPH FOUR OF SUBSECTION (B) OF SECTION FOUR THOUSAND NINE HUNDRED FOUR- TEEN OF THIS CHAPTER. S 5. Section 3224-a of the insurance law is amended by adding a new subsection (j) to read as follows: A. 8557--C 36 (J) AN INSURER OR AN ORGANIZATION OR CORPORATION LICENSED OR CERTIFIED PURSUANT TO ARTICLE FORTY-THREE OR FORTY-SEVEN OF THIS CHAPTER OR ARTI- CLE FORTY-FOUR OF THE PUBLIC HEALTH LAW OR A STUDENT HEALTH PLAN ESTAB- LISHED OR MAINTAINED PURSUANT TO SECTION ONE THOUSAND ONE HUNDRED TWEN- TY-FOUR OF THIS CHAPTER SHALL ACCEPT CLAIMS SUBMITTED BY A POLICYHOLDER OR COVERED PERSON, IN WRITING, INCLUDING THROUGH THE INTERNET, BY ELEC- TRONIC MAIL OR BY FACSIMILE. S 6. The insurance law is amended by adding a new section 3241 to read as follows: S 3241. NETWORK COVERAGE. (A) AN INSURER, A CORPORATION ORGANIZED PURSUANT TO ARTICLE FORTY-THREE OF THIS CHAPTER, A MUNICIPAL COOPERATIVE HEALTH BENEFIT PLAN CERTIFIED PURSUANT TO ARTICLE FORTY-SEVEN OF THIS CHAPTER, OR A STUDENT HEALTH PLAN ESTABLISHED OR MAINTAINED PURSUANT TO SECTION ONE THOUSAND ONE HUNDRED TWENTY-FOUR OF THIS CHAPTER, THAT ISSUES A HEALTH INSURANCE POLICY OR CONTRACT WITH A NETWORK OF HEALTH CARE PROVIDERS SHALL ENSURE THAT THE NETWORK IS ADEQUATE TO MEET THE HEALTH NEEDS OF INSUREDS AND PROVIDE AN APPROPRIATE CHOICE OF PROVIDERS SUFFICIENT TO RENDER THE SERVICES COVERED UNDER THE POLICY OR CONTRACT. THE SUPERINTENDENT SHALL REVIEW THE NETWORK OF HEALTH CARE PROVIDERS FOR ADEQUACY AT THE TIME OF THE SUPERINTENDENT'S INITIAL APPROVAL OF A HEALTH INSURANCE POLICY OR CONTRACT; AT LEAST EVERY THREE YEARS THERE- AFTER; AND UPON APPLICATION FOR EXPANSION OF ANY SERVICE AREA ASSOCIATED WITH THE POLICY OR CONTRACT IN CONFORMANCE WITH THE STANDARDS SET FORTH IN SUBDIVISION FIVE OF SECTION FOUR THOUSAND FOUR HUNDRED THREE OF THE PUBLIC HEALTH LAW. TO THE EXTENT THAT THE NETWORK HAS BEEN DETERMINED BY THE COMMISSIONER OF HEALTH TO MEET THE STANDARDS SET FORTH IN SUBDI- VISION FIVE OF SECTION FOUR THOUSAND FOUR HUNDRED THREE OF THE PUBLIC HEALTH LAW, SUCH NETWORK SHALL BE DEEMED ADEQUATE BY THE SUPERINTENDENT. (B)(1) AN INSURER, A CORPORATION ORGANIZED PURSUANT TO ARTICLE FORTY- THREE OF THIS CHAPTER, A MUNICIPAL COOPERATIVE HEALTH BENEFIT PLAN CERTIFIED PURSUANT TO ARTICLE FORTY-SEVEN OF THIS CHAPTER, A HEALTH MAINTENANCE ORGANIZATION CERTIFIED PURSUANT TO ARTICLE FORTY-FOUR OF THE PUBLIC HEALTH LAW OR A STUDENT HEALTH PLAN ESTABLISHED OR MAINTAINED PURSUANT TO SECTION ONE THOUSAND ONE HUNDRED TWENTY-FOUR OF THIS CHAP- TER, THAT ISSUES A COMPREHENSIVE GROUP OR GROUP REMITTANCE HEALTH INSUR- ANCE POLICY OR CONTRACT SHALL MAKE AVAILABLE AND, IF REQUESTED BY THE POLICYHOLDER OR CONTRACTHOLDER, PROVIDE COVERAGE FOR AT LEAST SEVENTY PERCENT OF THE USUAL AND CUSTOMARY COST OF EACH OUT-OF-NETWORK HEALTH CARE SERVICE AFTER IMPOSITION OF A DEDUCTIBLE OR ANY PERMISSIBLE BENEFIT MAXIMUM. (2) FOR THE PURPOSES OF THIS SUBSECTION, "USUAL AND CUSTOMARY COST" SHALL MEAN THE EIGHTIETH PERCENTILE OF ALL CHARGES FOR THE PARTICULAR HEALTH CARE SERVICE PERFORMED BY A PROVIDER IN THE SAME OR SIMILAR SPECIALTY AND PROVIDED IN THE SAME GEOGRAPHICAL AREA AS REPORTED IN A BENCHMARKING DATABASE MAINTAINED BY A NONPROFIT ORGANIZATION SPECIFIED BY THE SUPERINTENDENT. THE NONPROFIT ORGANIZATION SHALL NOT BE AFFIL- IATED WITH AN INSURER, A CORPORATION SUBJECT TO ARTICLE FORTY-THREE OF THIS CHAPTER, A MUNICIPAL COOPERATIVE HEALTH BENEFIT PLAN CERTIFIED PURSUANT TO ARTICLE FORTY-SEVEN OF THIS CHAPTER, A HEALTH MAINTENANCE ORGANIZATION CERTIFIED PURSUANT TO ARTICLE FORTY-FOUR OF THE PUBLIC HEALTH LAW OR A STUDENT HEALTH PLAN ESTABLISHED OR MAINTAINED PURSUANT TO SECTION ONE THOUSAND ONE HUNDRED TWENTY-FOUR OF THIS CHAPTER. (3) THIS SUBSECTION SHALL NOT APPLY TO EMERGENCY CARE SERVICES IN HOSPITAL FACILITIES OR PREHOSPITAL EMERGENCY MEDICAL SERVICES AS DEFINED IN CLAUSE (I) OF SUBPARAGRAPH (E) OF PARAGRAPH TWENTY-FOUR OF SUBSECTION (I) OF SECTION THREE THOUSAND TWO HUNDRED SIXTEEN OF THIS ARTICLE, OR A. 8557--C 37 CLAUSE (I) OF SUBPARAGRAPH (E) OF PARAGRAPH FIFTEEN OF SUBSECTION (L) OF SECTION THREE THOUSAND TWO HUNDRED TWENTY-ONE OF THIS CHAPTER, OR SUBPARAGRAPH (A) OF PARAGRAPH FIVE OF SUBSECTION (AA) OF SECTION FOUR THOUSAND THREE HUNDRED THREE OF THIS CHAPTER. (4) NOTHING IN THIS SUBSECTION SHALL LIMIT THE SUPERINTENDENT'S AUTHORITY PURSUANT TO SECTION THREE THOUSAND TWO HUNDRED SEVENTEEN OF THIS ARTICLE TO ESTABLISH MINIMUM STANDARDS FOR THE FORM, CONTENT AND SALE OF ACCIDENT AND HEALTH INSURANCE POLICIES AND SUBSCRIBER CONTRACTS, TO REQUIRE ADDITIONAL COVERAGE OPTIONS FOR OUT-OF-NETWORK SERVICES, OR TO PROVIDE FOR STANDARDIZATION AND SIMPLIFICATION OF COVERAGE. (C) WHEN AN INSURED OR ENROLLEE UNDER A CONTRACT OR POLICY THAT PROVIDES COVERAGE FOR EMERGENCY SERVICES RECEIVES THE SERVICES FROM A HEALTH CARE PROVIDER THAT DOES NOT PARTICIPATE IN THE PROVIDER NETWORK OF AN INSURER, A CORPORATION ORGANIZED PURSUANT TO ARTICLE FORTY-THREE OF THIS CHAPTER, A MUNICIPAL COOPERATIVE HEALTH BENEFIT PLAN CERTIFIED PURSUANT TO ARTICLE FORTY-SEVEN OF THIS CHAPTER, A HEALTH MAINTENANCE ORGANIZATION CERTIFIED PURSUANT TO ARTICLE FORTY-FOUR OF THE PUBLIC HEALTH LAW, OR A STUDENT HEALTH PLAN ESTABLISHED OR MAINTAINED PURSUANT TO SECTION ONE THOUSAND ONE HUNDRED TWENTY-FOUR OF THIS CHAPTER ("HEALTH CARE PLAN"), THE HEALTH CARE PLAN SHALL ENSURE THAT THE INSURED OR ENROLLEE SHALL INCUR NO GREATER OUT-OF-POCKET COSTS FOR THE EMERGENCY SERVICES THAN THE INSURED OR ENROLLEE WOULD HAVE INCURRED WITH A HEALTH CARE PROVIDER THAT PARTICIPATES IN THE HEALTH CARE PLAN'S PROVIDER NETWORK. FOR THE PURPOSE OF THIS SECTION, "EMERGENCY SERVICES" SHALL HAVE THE MEANING SET FORTH IN SUBPARAGRAPH (D) OF PARAGRAPH NINE OF SUBSECTION (I) OF SECTION THREE THOUSAND TWO HUNDRED SIXTEEN OF THIS ARTICLE, SUBPARAGRAPH (D) OF PARAGRAPH FOUR OF SUBSECTION (K) OF SECTION THREE THOUSAND TWO HUNDRED TWENTY-ONE OF THIS ARTICLE, AND SUBPARAGRAPH (D) OF PARAGRAPH TWO OF SUBSECTION (A) OF SECTION FOUR THOUSAND THREE HUNDRED THREE OF THIS CHAPTER. S 7. Section 4306-c of the insurance law is amended by adding a new subsection (d) to read as follows: (D) A CORPORATION, INCLUDING A MUNICIPAL COOPERATIVE HEALTH BENEFIT PLAN CERTIFIED PURSUANT TO ARTICLE FORTY-SEVEN OF THIS CHAPTER AND A STUDENT HEALTH PLAN ESTABLISHED OR MAINTAINED PURSUANT TO SECTION ONE THOUSAND ONE HUNDRED TWENTY-FOUR OF THIS CHAPTER, THAT ISSUES A COMPRE- HENSIVE POLICY THAT UTILIZES A NETWORK OF PROVIDERS AND IS NOT A MANAGED CARE HEALTH INSURANCE CONTRACT AS DEFINED IN SUBSECTION (C) OF SECTION FOUR THOUSAND EIGHT HUNDRED ONE OF THIS CHAPTER, SHALL PROVIDE ACCESS TO OUT-OF-NETWORK SERVICES CONSISTENT WITH THE REQUIREMENTS OF SUBSECTION (A) OF SECTION FOUR THOUSAND EIGHT HUNDRED FOUR OF THIS CHAPTER, SUBSECTIONS (G-6) AND (G-7) OF SECTION FOUR THOUSAND NINE HUNDRED OF THIS CHAPTER, SUBSECTIONS (A-1) AND (A-2) OF SECTION FOUR THOUSAND NINE HUNDRED FOUR OF THIS CHAPTER, PARAGRAPHS THREE AND FOUR OF SUBSECTION (B) OF SECTION FOUR THOUSAND NINE HUNDRED TEN OF THIS CHAPTER, AND SUBPARAGRAPHS (C) AND (D) OF PARAGRAPH FOUR OF SUBSECTION (B) OF SECTION FOUR THOUSAND NINE HUNDRED FOURTEEN OF THIS CHAPTER. S 8. Paragraphs 11, 12, 13, 14, 16-a, 17, and 18 of subsection (a) of section 4324 of the insurance law, paragraphs 11, 12, 13, 14, 17 and 18 as added by chapter 705 of the laws of 1996, paragraph 16-a as added by chapter 554 of the laws of 2002, are amended and three new paragraphs 19, 20 and 21 are added to read as follows: (11) where applicable, notice that a subscriber enrolled in a managed care product OR IN A COMPREHENSIVE CONTRACT THAT UTILIZES A NETWORK OF PROVIDERS offered by the corporation may obtain a referral [to] OR PREAUTHORIZATION FOR a health care provider outside of the corporation's A. 8557--C 38 network or panel when the corporation does not have a health care provider [with] WHO IS GEOGRAPHICALLY ACCESSIBLE TO THE INSURED AND WHO HAS THE appropriate training and experience in the network or panel to meet the particular health care needs of the subscriber and the proce- dure by which the subscriber can obtain such referral OR PREAUTHORI- ZATION; (12) where applicable, notice that a subscriber enrolled in a managed care product OR A COMPREHENSIVE CONTRACT THAT UTILIZES A NETWORK OF PROVIDERS offered by the corporation with a condition which requires ongoing care from a specialist may request a standing referral to such a specialist and the procedure for requesting and obtaining such a stand- ing referral; (13) where applicable, notice that a subscriber enrolled in a managed care product OR A COMPREHENSIVE CONTRACT THAT UTILIZES A NETWORK OF PROVIDERS offered by the corporation with (i) a life-threatening condi- tion or disease, or (ii) a degenerative and disabling condition or disease, either of which requires specialized medical care over a prolonged period of time may request a specialist responsible for providing or coordinating the subscriber's medical care and the proce- dure for requesting and obtaining such a specialist; (14) where applicable, notice that a subscriber enrolled in a managed care product OR A COMPREHENSIVE CONTRACT THAT UTILIZES A NETWORK OF PROVIDERS offered by the corporation with [(i)] (A) a life-threatening condition or disease, or [(ii)] (B) a degenerative and disabling condi- tion or disease, either of which requires specialized medical care over a prolonged period of time may request access to a specialty care center and the procedure by which such access may be obtained; (16-a) where applicable, notice that an enrollee shall have direct access to primary and preventive obstetric and gynecologic services, INCLUDING ANNUAL EXAMINATIONS, CARE RESULTING FROM SUCH ANNUAL EXAMINA- TIONS, AND TREATMENT OF ACUTE GYNECOLOGIC CONDITIONS, from a qualified provider of such services of her choice from within the plan [for no fewer than two examinations annually for such services] or [to] FOR any care related to A pregnancy [and that additionally, the enrollee shall have direct access to primary and preventive obstetric and gynecologic services required as a result of such annual examinations or as a result of an acute gynecologic condition]; (17) where applicable, a listing by specialty, which may be in a sepa- rate document that is updated annually, of the name, address, and tele- phone number of all participating providers, including facilities, and in addition, in the case of physicians, board certification[; and], LANGUAGES SPOKEN AND ANY AFFILIATIONS WITH PARTICIPATING HOSPITALS. THE LISTING SHALL ALSO BE POSTED ON THE CORPORATION'S WEBSITE AND THE CORPO- RATION SHALL UPDATE THE WEBSITE WITHIN FIFTEEN DAYS OF THE ADDITION OR TERMINATION OF A PROVIDER FROM THE CORPORATION'S NETWORK OR A CHANGE IN A PHYSICIAN'S HOSPITAL AFFILIATION; (18) a description of the mechanisms by which subscribers may partic- ipate in the development of the policies of the corporation[.]; (19) A DESCRIPTION OF THE METHOD BY WHICH A SUBSCRIBER MAY SUBMIT A CLAIM FOR HEALTH CARE SERVICES; (20) WITH RESPECT TO OUT-OF-NETWORK COVERAGE: (A) A CLEAR DESCRIPTION OF THE METHODOLOGY USED BY THE CORPORATION TO DETERMINE REIMBURSEMENT FOR OUT-OF-NETWORK HEALTH CARE SERVICES; (B) THE AMOUNT THAT THE CORPORATION WILL REIMBURSE UNDER THE METHODOL- OGY FOR OUT-OF-NETWORK HEALTH CARE SERVICES SET FORTH AS A PERCENTAGE OF A. 8557--C 39 THE USUAL AND CUSTOMARY COST FOR OUT-OF-NETWORK HEALTH CARE SERVICES; AND (C) EXAMPLES OF ANTICIPATED OUT-OF-POCKET COSTS FOR FREQUENTLY BILLED OUT-OF-NETWORK HEALTH CARE SERVICES; AND (21) INFORMATION IN WRITING AND THROUGH AN INTERNET WEBSITE THAT REASONABLY PERMITS A SUBSCRIBER OR PROSPECTIVE SUBSCRIBER TO ESTIMATE THE ANTICIPATED OUT-OF-POCKET COST FOR OUT-OF-NETWORK HEALTH CARE SERVICES IN A GEOGRAPHICAL AREA OR ZIP CODE BASED UPON THE DIFFERENCE BETWEEN WHAT THE CORPORATION WILL REIMBURSE FOR OUT-OF-NETWORK HEALTH CARE SERVICES AND THE USUAL AND CUSTOMARY COST FOR OUT-OF-NETWORK HEALTH CARE SERVICES. S 9. Paragraphs 11 and 12 of subsection (b) of section 4324 of the insurance law, as added by chapter 705 of the laws of 1996, are amended and two new paragraphs 13 and 14 are added to read as follows: (11) where applicable, provide the written application procedures and minimum qualification requirements for health care providers to be considered by the corporation for participation in the corporation's network for a managed care product; [and] (12) disclose such other information as required by the superinten- dent, provided that such requirements are promulgated pursuant to the state administrative procedure act[.]; (13) DISCLOSE WHETHER A HEALTH CARE PROVIDER SCHEDULED TO PROVIDE A HEALTH CARE SERVICE IS AN IN-NETWORK PROVIDER; AND (14) WITH RESPECT TO OUT-OF-NETWORK COVERAGE, DISCLOSE THE APPROXIMATE DOLLAR AMOUNT THAT THE CORPORATION WILL PAY FOR A SPECIFIC OUT-OF-NET- WORK HEALTH CARE SERVICE. THE CORPORATION SHALL ALSO INFORM THE INSURED THROUGH SUCH DISCLOSURE THAT SUCH APPROXIMATION IS NOT BINDING ON THE CORPORATION AND THAT THE APPROXIMATE DOLLAR AMOUNT THAT THE CORPORATION WILL PAY FOR A SPECIFIC OUT-OF-NETWORK HEALTH CARE SERVICE MAY CHANGE. S 10. Section 4324 of the insurance law is amended by adding a new subsection (f) to read as follows: (F) FOR PURPOSES OF THIS SECTION, "USUAL AND CUSTOMARY COST" SHALL MEAN THE EIGHTIETH PERCENTILE OF ALL CHARGES FOR THE PARTICULAR HEALTH CARE SERVICE PERFORMED BY A PROVIDER IN THE SAME OR SIMILAR SPECIALTY AND PROVIDED IN THE SAME GEOGRAPHICAL AREA AS REPORTED IN A BENCHMARKING DATABASE MAINTAINED BY A NONPROFIT ORGANIZATION SPECIFIED BY THE SUPER- INTENDENT. THE NONPROFIT ORGANIZATION SHALL NOT BE AFFILIATED WITH AN INSURER, A CORPORATION SUBJECT TO THIS ARTICLE, A MUNICIPAL COOPERATIVE HEALTH BENEFIT PLAN CERTIFIED PURSUANT TO ARTICLE FORTY-SEVEN OF THIS CHAPTER, OR A HEALTH MAINTENANCE ORGANIZATION CERTIFIED PURSUANT TO ARTICLE FORTY-FOUR OF THE PUBLIC HEALTH LAW. S 11. Subsection (g-7) of section 4900 of the insurance law is redes- ignated subsection (g-8) and a new subsection (g-7) is added to read as follows: (G-7) "OUT-OF-NETWORK REFERRAL DENIAL" MEANS A DENIAL UNDER A MANAGED CARE PRODUCT AS DEFINED IN SUBSECTION (C) OF SECTION FOUR THOUSAND EIGHT HUNDRED ONE OF THIS CHAPTER OF A REQUEST FOR AN AUTHORIZATION OR REFER- RAL TO AN OUT-OF-NETWORK PROVIDER ON THE BASIS THAT THE HEALTH CARE PLAN HAS A HEALTH CARE PROVIDER IN THE IN-NETWORK BENEFITS PORTION OF ITS NETWORK WITH APPROPRIATE TRAINING AND EXPERIENCE TO MEET THE PARTICULAR HEALTH CARE NEEDS OF AN INSURED, AND WHO IS ABLE TO PROVIDE THE REQUESTED HEALTH SERVICE. THE NOTICE OF AN OUT-OF-NETWORK REFERRAL DENIAL PROVIDED TO AN INSURED SHALL INCLUDE INFORMATION EXPLAINING WHAT INFORMATION THE INSURED MUST SUBMIT IN ORDER TO APPEAL THE OUT-OF-NET- WORK REFERRAL DENIAL PURSUANT TO SUBSECTION (A-2) OF SECTION FOUR THOU- SAND NINE HUNDRED FOUR OF THIS ARTICLE. AN OUT-OF-NETWORK REFERRAL A. 8557--C 40 DENIAL UNDER THIS SUBSECTION DOES NOT CONSTITUTE AN ADVERSE DETERMI- NATION AS DEFINED IN THIS ARTICLE. AN OUT-OF-NETWORK REFERRAL DENIAL SHALL NOT BE CONSTRUED TO INCLUDE AN OUT-OF-NETWORK DENIAL AS DEFINED IN SUBSECTION (G-6) OF THIS SECTION. S 12. Subsection (b) of section 4903 of the insurance law, as amended by chapter 514 of the laws of 2013, is amended to read as follows: (b) A utilization review agent shall make a utilization review deter- mination involving health care services which require pre-authorization and provide notice of a determination to the insured or insured's desig- nee and the insured's health care provider by telephone and in writing within three business days of receipt of the necessary information. To the extent practicable, such written notification to the enrollee's health care provider shall be transmitted electronically, in a manner and in a form agreed upon by the parties. THE NOTIFICATION SHALL IDEN- TIFY: (1) WHETHER THE SERVICES ARE CONSIDERED IN-NETWORK OR OUT-OF-NET- WORK; (2) WHETHER THE INSURED WILL BE HELD HARMLESS FOR THE SERVICES AND NOT BE RESPONSIBLE FOR ANY PAYMENT, OTHER THAN ANY APPLICABLE CO-PAY- MENT, CO-INSURANCE OR DEDUCTIBLE; (3) AS APPLICABLE, THE DOLLAR AMOUNT THE HEALTH CARE PLAN WILL PAY IF THE SERVICE IS THE OUT-OF-NETWORK; AND (4) AS APPLICABLE, INFORMATION EXPLAINING HOW AN INSURED MAY DETERMINE THE ANTICIPATED OUT-OF-POCKET COST FOR THE OUT-OF-NETWORK HEALTH CARE SERVICES IN A GEOGRAPHICAL AREA OR ZIP CODE BASED UPON THE DIFFERENCE BETWEEN WHAT THE HEALTH CARE PLAN WILL REIMBURSE FOR THE OUT-OF-NETWORK HEALTH CARE SERVICES AND THE USUAL AND CUSTOMARY COST FOR THE OUT-OF-NETWORK HEALTH CARE SERVICES. S 13. Section 4904 of the insurance law is amended by adding a new subsection (a-2) to read as follows: (A-2) AN INSURED OR THE INSURED'S DESIGNEE MAY APPEAL AN OUT-OF-NET- WORK REFERRAL DENIAL BY A HEALTH CARE PLAN BY SUBMITTING A WRITTEN STATEMENT FROM THE INSURED'S ATTENDING PHYSICIAN, WHO MUST BE A LICENSED, BOARD CERTIFIED OR BOARD ELIGIBLE PHYSICIAN QUALIFIED TO PRAC- TICE IN THE SPECIALTY AREA OF PRACTICE APPROPRIATE TO TREAT THE INSURED FOR THE HEALTH SERVICE SOUGHT, PROVIDED THAT: (1) THE IN-NETWORK HEALTH CARE PROVIDER OR PROVIDERS RECOMMENDED BY THE HEALTH CARE PLAN DO NOT HAVE THE APPROPRIATE TRAINING AND EXPERIENCE TO MEET THE PARTICULAR HEALTH CARE NEEDS OF THE INSURED FOR THE HEALTH SERVICE; AND (2) RECOM- MENDS AN OUT-OF-NETWORK PROVIDER WITH THE APPROPRIATE TRAINING AND EXPE- RIENCE TO MEET THE PARTICULAR HEALTH CARE NEEDS OF THE INSURED, AND WHO IS ABLE TO PROVIDE THE REQUESTED HEALTH SERVICE. S 14. Subsection (b) of section 4910 of the insurance law is amended by adding a new paragraph 4 to read as follows: (4)(A) THE INSURED HAS HAD AN OUT-OF-NETWORK REFERRAL DENIED ON THE GROUNDS THAT THE HEALTH CARE PLAN HAS A HEALTH CARE PROVIDER IN THE IN-NETWORK BENEFITS PORTION OF ITS NETWORK WITH APPROPRIATE TRAINING AND EXPERIENCE TO MEET THE PARTICULAR HEALTH CARE NEEDS OF AN INSURED, AND WHO IS ABLE TO PROVIDE THE REQUESTED HEALTH SERVICE. (B) THE INSURED'S ATTENDING PHYSICIAN, WHO SHALL BE A LICENSED, BOARD CERTIFIED OR BOARD ELIGIBLE PHYSICIAN QUALIFIED TO PRACTICE IN THE SPECIALTY AREA OF PRACTICE APPROPRIATE TO TREAT THE INSURED FOR THE HEALTH SERVICE SOUGHT, CERTIFIES THAT THE IN-NETWORK HEALTH CARE PROVID- ER OR PROVIDERS RECOMMENDED BY THE HEALTH CARE PLAN DO NOT HAVE THE APPROPRIATE TRAINING AND EXPERIENCE TO MEET THE PARTICULAR HEALTH CARE NEEDS OF AN INSURED, AND RECOMMENDS AN OUT-OF-NETWORK PROVIDER WITH THE APPROPRIATE TRAINING AND EXPERIENCE TO MEET THE PARTICULAR HEALTH CARE NEEDS OF AN INSURED, AND WHO IS ABLE TO PROVIDE THE REQUESTED HEALTH SERVICE. A. 8557--C 41 S 15. Paragraph 4 of subsection (b) of section 4914 of the insurance law is amended by adding a new subparagraph (D) to read as follows: (D) FOR EXTERNAL APPEALS REQUESTED PURSUANT TO PARAGRAPH FOUR OF SUBSECTION (B) OF SECTION FOUR THOUSAND NINE HUNDRED TEN OF THIS TITLE RELATING TO AN OUT-OF-NETWORK REFERRAL DENIAL, THE EXTERNAL APPEAL AGENT SHALL REVIEW THE UTILIZATION REVIEW AGENT'S FINAL ADVERSE DETERMINATION AND, IN ACCORDANCE WITH THE PROVISIONS OF THIS TITLE, SHALL MAKE A DETERMINATION AS TO WHETHER THE OUT-OF-NETWORK REFERRAL SHALL BE COVERED BY THE HEALTH PLAN; PROVIDED THAT SUCH DETERMINATION SHALL: (I) BE CONDUCTED ONLY BY ONE OR A GREATER ODD NUMBER OF CLINICAL PEER REVIEWERS; (II) BE ACCOMPANIED BY A WRITTEN STATEMENT: (I) THAT THE OUT-OF-NETWORK REFERRAL SHALL BE COVERED BY THE HEALTH CARE PLAN EITHER WHEN THE REVIEWER OR A MAJORITY OF THE PANEL OF REVIEW- ERS DETERMINES, UPON REVIEW OF THE TRAINING AND EXPERIENCE OF THE IN-NETWORK HEALTH CARE PROVIDER OR PROVIDERS PROPOSED BY THE PLAN, THE TRAINING AND EXPERIENCE OF THE REQUESTED OUT-OF-NETWORK PROVIDER, THE CLINICAL STANDARDS OF THE PLAN, THE INFORMATION PROVIDED CONCERNING THE INSURED, THE ATTENDING PHYSICIAN'S RECOMMENDATION, THE INSURED'S MEDICAL RECORD, AND ANY OTHER PERTINENT INFORMATION, THAT THE HEALTH PLAN DOES NOT HAVE A PROVIDER WITH THE APPROPRIATE TRAINING AND EXPERIENCE TO MEET THE PARTICULAR HEALTH CARE NEEDS OF AN INSURED WHO IS ABLE TO PROVIDE THE REQUESTED HEALTH SERVICE, AND THAT THE OUT-OF-NETWORK PROVIDER HAS THE APPROPRIATE TRAINING AND EXPERIENCE TO MEET THE PARTICULAR HEALTH CARE NEEDS OF AN INSURED, IS ABLE TO PROVIDE THE REQUESTED HEALTH SERVICE, AND IS LIKELY TO PRODUCE A MORE CLINICALLY BENEFICIAL OUTCOME; OR (II) UPHOLDING THE HEALTH PLAN'S DENIAL OF COVERAGE; (III) BE SUBJECT TO THE TERMS AND CONDITIONS GENERALLY APPLICABLE TO BENEFITS UNDER THE EVIDENCE OF COVERAGE UNDER THE HEALTH CARE PLAN; (IV) BE BINDING ON THE PLAN AND THE INSURED; AND (V) BE ADMISSIBLE IN ANY COURT PROCEEDING. S 16. The public health law is amended by adding a new section 23 to read as follows: S 23. CLAIM FORMS. A NON-PARTICIPATING PHYSICIAN SHALL INCLUDE A CLAIM FORM FOR A THIRD-PARTY PAYOR WITH A PATIENT BILL FOR HEALTH CARE SERVICES, OTHER THAN A BILL FOR THE PATIENT'S CO-PAYMENT, COINSURANCE OR DEDUCTIBLE. S 17. The public health law is amended by adding a new section 24 to read as follows: S 24. DISCLOSURE. 1. A HEALTH CARE PROFESSIONAL SHALL DISCLOSE THROUGH AN INTERNET WEBSITE, IN WRITING TO PROSPECTIVE PATIENTS UPON REQUEST, AND IN WRITING TO PATIENTS AT THE TIME NON-EMERGENCY SERVICES ARE SCHED- ULED A LIST OF THE HEALTH CARE PLANS IN WHICH THE HEALTH CARE PROFES- SIONAL IS A PARTICIPATING PROVIDER AND THE HOSPITALS WITH WHICH THE HEALTH CARE PROFESSIONAL IS AFFILIATED. 2. IF A HEALTH CARE PROFESSIONAL DOES NOT PARTICIPATE IN THE NETWORK OF A PATIENT'S OR PROSPECTIVE PATIENT'S HEALTH CARE PLAN, THE HEALTH CARE PROFESSIONAL SHALL DISCLOSE TO THE PATIENT OR PROSPECTIVE PATIENT IN WRITING THE AMOUNT OR ESTIMATED AMOUNT THE HEALTH CARE PROFESSIONAL WILL BILL THE PATIENT OR PROSPECTIVE PATIENT FOR HEALTH CARE SERVICES PROVIDED OR ANTICIPATED TO BE PROVIDED TO THE PATIENT OR PROSPECTIVE PATIENT ABSENT UNFORESEEN MEDICAL CIRCUMSTANCES THAT MAY ARISE WHEN THE HEALTH CARE SERVICES ARE PROVIDED. SUCH DISCLOSURES SHALL BE PROVIDED TO A PATIENT AT THE TIME A NON-EMERGENCY SERVICE IS SCHEDULED. A. 8557--C 42 3. A HEALTH CARE PROFESSIONAL WHO IS A PHYSICIAN SHALL PROVIDE A PATIENT OR PROSPECTIVE PATIENT IN WRITING WITH THE NAME, PRACTICE NAME, MAILING ADDRESS, AND TELEPHONE NUMBER OF ANY HEALTH CARE PROVIDER SCHED- ULED TO PERFORM ANESTHESIOLOGY, LABORATORY, PATHOLOGY, RADIOLOGY OR ASSISTANT SURGEON SERVICES IN CONNECTION WITH CARE TO BE PROVIDED IN THE PHYSICIAN'S OFFICE OR AMBULATORY SURGERY CENTER FOR THE PATIENT OR COOR- DINATED OR REFERRED BY THE PHYSICIAN FOR THE PATIENT; AND INFORMATION AS TO HOW TO TIMELY DETERMINE THE HEALTH CARE PLANS THE HEALTH CARE PROVID- ER PARTICIPATES IN; AND A NOTICE INFORMING THE PATIENT OR PROSPECTIVE PATIENT THAT HE OR SHE MAY RECEIVE A BILL IN ADDITION TO ANY APPLICABLE COST-SHARING FOR ANY SERVICES RENDERED BY ANY SUCH HEALTH CARE PROVIDER WHO DOES NOT PARTICIPATE IN THE NETWORK OF THE PATIENT OR PROSPECTIVE PATIENT'S HEALTH CARE PLAN. SUCH DISCLOSURES SHALL BE PROVIDED TO A PATIENT AT THE TIME A NON-EMERGENCY SERVICE IS SCHEDULED. 4. A HEALTH CARE PROFESSIONAL WHO IS A PHYSICIAN SHALL, FOR A PATIENT'S SCHEDULED HOSPITAL ADMISSION OR SCHEDULED OUTPATIENT HOSPITAL SERVICES, PROVIDE A PATIENT AND THE HOSPITAL WITH THE NAME, PRACTICE NAME, MAILING ADDRESS AND TELEPHONE NUMBER OF ANY OTHER PHYSICIAN WHOSE SERVICES WILL BE ARRANGED BY THE PHYSICIAN AND ARE SCHEDULED AT THE TIME OF THE PRE-ADMISSION TESTING, REGISTRATION OR ADMISSION IN WRITING AT THE TIME NON-EMERGENCY SERVICES ARE SCHEDULED; AND INFORMATION AS TO HOW TO TIMELY DETERMINE THE HEALTHCARE PLANS IN WHICH THE PHYSICIAN PARTIC- IPATES; AND A NOTICE INFORMING THE PATIENT THAT HE OR SHE MAY RECEIVE A BILL IN ADDITION TO ANY APPLICABLE COST-SHARING FOR ANY SERVICES RENDERED BY ANY SUCH PHYSICIAN WHO DOES NOT PARTICIPATE IN THE NETWORK OF THE PATIENT OR PROSPECTIVE PATIENT'S HEALTH CARE PLAN. 5. A HOSPITAL SHALL ESTABLISH, UPDATE AND MAKE PUBLIC THROUGH POSTING ON THE HOSPITAL'S WEBSITE, CONSISTENT WITH FEDERAL GUIDELINES, A LIST OF THE HOSPITAL'S STANDARD CHARGES FOR ITEMS AND SERVICES PROVIDED BY THE HOSPITAL, INCLUDING FOR DIAGNOSIS-RELATED GROUPS ESTABLISHED UNDER SECTION 1886(D)(4) OF THE FEDERAL SOCIAL SECURITY ACT. A HOSPITAL SHALL VERBALLY INFORM A PATIENT OR PROSPECTIVE PATIENT THAT SUCH INFORMATION IS AVAILABLE ON THE HOSPITAL'S WEBSITE. 6. A HOSPITAL SHALL POST ON THE HOSPITAL'S WEBSITE: (A) THE HEALTH CARE PLANS IN WHICH THE HOSPITAL IS A PARTICIPATING PROVIDER; (B) A STATEMENT THAT (I) PHYSICIAN SERVICES PROVIDED IN THE HOSPITAL ARE NOT INCLUDED IN THE HOSPITAL'S CHARGES; (II) PHYSICIANS WHO PROVIDE SERVICES IN THE HOSPITAL MAY OR MAY NOT PARTICIPATE WITH THE SAME HEALTH CARE PLANS AS THE HOSPITAL; (III) THE PROSPECTIVE PATIENT SHOULD CHECK WITH THE PHYSICIAN ARRANGING FOR THE HOSPITAL SERVICES TO DETERMINE THE HEALTH CARE PLANS IN WHICH THE PHYSICIAN PARTICIPATES; AND (IV) THAT A PATIENT MAY RECEIVE A BILL IN ADDITION TO ANY APPLICABLE COST-SHARING FOR SERVICES RENDERED FROM A PHYSICIAN WHO DOES NOT PARTICIPATE IN THE NETWORK OF THE PATIENT'S HEALTH CARE PLAN; (C) AS APPLICABLE, THE NAME, MAILING ADDRESS AND TELEPHONE NUMBER OF THE PHYSICIAN GROUPS THAT THE HOSPITAL HAS CONTRACTED WITH TO PROVIDE SERVICES INCLUDING ANESTHESIOLO- GY, PATHOLOGY OR RADIOLOGY, AND INSTRUCTIONS HOW TO CONTACT THESE GROUPS TO DETERMINE THE HEALTH CARE PLAN PARTICIPATION OF THE PHYSICIANS IN THESE GROUPS; AND (D) AS APPLICABLE, THE NAME, MAILING ADDRESS, AND TELEPHONE NUMBER OF PHYSICIANS EMPLOYED BY THE HOSPITAL AND WHOSE SERVICES MAY BE PROVIDED AT THE HOSPITAL, AND THE HEALTH CARE PLANS IN WHICH THEY PARTICIPATE. 7. IN REGISTRATION OR ADMISSION MATERIALS PROVIDED IN ADVANCE OF NON- EMERGENCY HOSPITAL SERVICES, A HOSPITAL SHALL: (A) ADVISE THE PATIENT OR PROSPECTIVE PATIENT TO CHECK WITH THE PHYSICIAN ARRANGING THE HOSPITAL SERVICES TO DETERMINE: (I) THE NAME, PRACTICE NAME, MAILING ADDRESS AND A. 8557--C 43 TELEPHONE NUMBER OF ANY OTHER PHYSICIAN WHOSE SERVICES WILL BE ARRANGED BY THE PHYSICIAN; AND (II) WHETHER THE SERVICES OF PHYSICIANS WHO ARE EMPLOYED OR CONTRACTED BY THE HOSPITAL TO PROVIDE SERVICES INCLUDING ANESTHESIOLOGY, PATHOLOGY AND/OR RADIOLOGY ARE REASONABLY ANTICIPATED TO BE PROVIDED TO THE PATIENT; (B) PROVIDE PATIENTS OR PROSPECTIVE PATIENTS WITH INFORMATION AS TO HOW TO TIMELY DETERMINE THE HEALTH CARE PLANS PARTICIPATED IN BY PHYSICIANS WHO ARE REASONABLY ANTICIPATED TO PROVIDE SERVICES TO THE PATIENT AT THE HOSPITAL, AS DETERMINED BY THE PHYSICIAN ARRANGING THE PATIENT'S HOSPITAL SERVICES, AND WHO ARE EMPLOYEES OF THE HOSPITAL OR CONTRACTED BY THE HOSPITAL TO PROVIDE SERVICES INCLUDING ANESTHESIOLOGY, RADIOLOGY AND/OR PATHOLOGY; (C) PROVIDE PATIENTS OR PROSPECTIVE PATIENTS WITH A NOTICE THAT A PATIENT MAY RECEIVE A BILL IN ADDITION TO ANY APPLICABLE COST-SHARING FOR SERVICES RENDERED FROM A PHYSICIAN WHO DOES NOT PARTICIPATE IN THE NETWORK OF THE PATIENT'S HEALTH CARE PLAN. 8. FOR PURPOSES OF THIS SECTION: (A) "HEALTH CARE PLAN" MEANS A HEALTH INSURER INCLUDING AN INSURER LICENSED TO WRITE ACCIDENT AND HEALTH INSURANCE SUBJECT TO ARTICLE THIR- TY-TWO OF THE INSURANCE LAW; A CORPORATION ORGANIZED PURSUANT TO ARTICLE FORTY-THREE OF THE INSURANCE LAW; A MUNICIPAL COOPERATIVE HEALTH BENEFIT PLAN CERTIFIED PURSUANT TO ARTICLE FORTY-SEVEN OF THE INSURANCE LAW; A HEALTH MAINTENANCE ORGANIZATION CERTIFIED PURSUANT TO ARTICLE FORTY-FOUR OF THIS CHAPTER; A STUDENT HEALTH PLAN ESTABLISHED OR MAINTAINED PURSU- ANT TO SECTION ONE THOUSAND ONE HUNDRED TWENTY-FOUR OF THE INSURANCE LAW OR A SELF-FUNDED EMPLOYEE WELFARE BENEFIT PLAN. (B) "HEALTH CARE PROFESSIONAL" MEANS AN APPROPRIATELY LICENSED, REGIS- TERED OR CERTIFIED HEALTH CARE PROFESSIONAL PURSUANT TO TITLE EIGHT OF THE EDUCATION LAW. S 18. Paragraphs (k), (p-1), (q) and (r) of subdivision 1 of section 4408 of the public health law, paragraphs (k), (q) and (r) as added by chapter 705 of the laws of 1996, and paragraph (p-1) as added by chapter 554 of the laws of 2002, are amended and three new paragraphs (s), (t) and (u) are added to read as follows: (k) notice that an enrollee may obtain a referral to a health care provider outside of the health maintenance organization's network or panel when the health maintenance organization does not have a health care provider [with] WHO IS GEOGRAPHICALLY ACCESSIBLE TO THE ENROLLEE AND WHO HAS appropriate training and experience in the network or panel to meet the particular health care needs of the enrollee and the proce- dure by which the enrollee can obtain such referral; (p-1) notice that an enrollee shall have direct access to primary and preventive obstetric and gynecologic services, INCLUDING ANNUAL EXAMINA- TIONS, CARE RESULTING FROM SUCH ANNUAL EXAMINATIONS, AND TREATMENT OF ACUTE GYNECOLOGIC CONDITIONS, from a qualified provider of such services of her choice from within the plan [for no fewer than two examinations annually for such services] or [to] FOR any care related to A pregnancy [and that additionally, the enrollee shall have direct access to primary and preventive obstetric and gynecologic services required as a result of such annual examinations or as a result of an acute gynecologic condition]; (q) notice of all appropriate mailing addresses and telephone numbers to be utilized by enrollees seeking information or authorization; [and] (r) a listing by specialty, which may be in a separate document that is updated annually, of the name, address and telephone number of all participating providers, including facilities, and, in addition, in the case of physicians, board certification[.], LANGUAGES SPOKEN AND ANY A. 8557--C 44 AFFILIATIONS WITH PARTICIPATING HOSPITALS. THE LISTING SHALL ALSO BE POSTED ON THE HEALTH MAINTENANCE ORGANIZATION'S WEBSITE AND THE HEALTH MAINTENANCE ORGANIZATION SHALL UPDATE THE WEBSITE WITHIN FIFTEEN DAYS OF THE ADDITION OR TERMINATION OF A PROVIDER FROM THE HEALTH MAINTENANCE ORGANIZATION'S NETWORK OR A CHANGE IN A PHYSICIAN'S HOSPITAL AFFIL- IATION; (S) A DESCRIPTION OF THE METHOD BY WHICH AN ENROLLEE MAY SUBMIT A CLAIM FOR HEALTH CARE SERVICES; (T) WITH RESPECT TO OUT-OF-NETWORK COVERAGE: (I) A CLEAR DESCRIPTION OF THE METHODOLOGY USED BY THE HEALTH MAINTE- NANCE ORGANIZATION TO DETERMINE REIMBURSEMENT FOR OUT-OF-NETWORK HEALTH CARE SERVICES; (II) THE AMOUNT THAT THE HEALTH MAINTENANCE ORGANIZATION WILL REIM- BURSE UNDER THE METHODOLOGY FOR OUT-OF-NETWORK HEALTH CARE SERVICES SET FORTH AS A PERCENTAGE OF THE USUAL AND CUSTOMARY COST FOR OUT-OF-NETWORK HEALTH CARE SERVICES; (III) EXAMPLES OF ANTICIPATED OUT-OF-POCKET COSTS FOR FREQUENTLY BILLED OUT-OF-NETWORK HEALTH CARE SERVICES; AND (U) INFORMATION IN WRITING AND THROUGH AN INTERNET WEBSITE THAT REASONABLY PERMITS AN ENROLLEE OR PROSPECTIVE ENROLLEE TO ESTIMATE THE ANTICIPATED OUT-OF-POCKET COST FOR OUT-OF-NETWORK HEALTH CARE SERVICES IN A GEOGRAPHICAL AREA OR ZIP CODE BASED UPON THE DIFFERENCE BETWEEN WHAT THE HEALTH MAINTENANCE ORGANIZATION WILL REIMBURSE FOR OUT-OF-NET- WORK HEALTH CARE SERVICES AND THE USUAL AND CUSTOMARY COST FOR OUT-OF-NETWORK HEALTH CARE SERVICES. S 19. Paragraphs (k) and (l) of subdivision 2 of section 4408 of the public health law, as added by chapter 705 of the laws of 1996, are amended and two new paragraphs (m) and (n) are added to read as follows: (k) provide the written application procedures and minimum qualifica- tion requirements for health care providers to be considered by the health maintenance organization; [and] (1) disclose other information as required by the commissioner, provided that such requirements are promulgated pursuant to the state administrative procedure act[.]; (M) DISCLOSE WHETHER A HEALTH CARE PROVIDER SCHEDULED TO PROVIDE A HEALTH CARE SERVICE IS AN IN-NETWORK PROVIDER; AND (N) WITH RESPECT TO OUT-OF-NETWORK COVERAGE, DISCLOSE THE APPROXIMATE DOLLAR AMOUNT THAT THE HEALTH MAINTENANCE ORGANIZATION WILL PAY FOR A SPECIFIC OUT-OF-NETWORK HEALTH CARE SERVICE. THE HEALTH MAINTENANCE ORGANIZATION SHALL ALSO INFORM AN ENROLLEE THROUGH SUCH DISCLOSURE THAT SUCH APPROXIMATION IS NOT BINDING ON THE HEALTH MAINTENANCE ORGANIZATION AND THAT THE APPROXIMATE DOLLAR AMOUNT THAT THE HEALTH MAINTENANCE ORGANIZATION WILL PAY FOR A SPECIFIC OUT-OF-NETWORK HEALTH CARE SERVICE MAY CHANGE. S 20. Section 4408 of the public health law is amended by adding a new subdivision 7 to read as follows: 7. FOR PURPOSES OF THIS SECTION, "USUAL AND CUSTOMARY COST" SHALL MEAN THE EIGHTIETH PERCENTILE OF ALL CHARGES FOR THE PARTICULAR HEALTH CARE SERVICE PERFORMED BY A PROVIDER IN THE SAME OR SIMILAR SPECIALTY AND PROVIDED IN THE SAME GEOGRAPHICAL AREA AS REPORTED IN A BENCHMARKING DATABASE MAINTAINED BY A NONPROFIT ORGANIZATION SPECIFIED BY THE SUPER- INTENDENT OF FINANCIAL SERVICES. THE NONPROFIT ORGANIZATION SHALL NOT BE AFFILIATED WITH AN INSURER, A CORPORATION SUBJECT TO ARTICLE FORTY-THREE OF THE INSURANCE LAW, A MUNICIPAL COOPERATIVE HEALTH BENEFIT PLAN CERTI- FIED PURSUANT TO ARTICLE FORTY-SEVEN OF THE INSURANCE LAW, OR A HEALTH MAINTENANCE ORGANIZATION CERTIFIED PURSUANT TO THIS ARTICLE. A. 8557--C 45 S 21. Subdivision 7-g of section 4900 of the public health law is renumbered subdivision 7-h and a new subdivision 7-g is added to read as follows: 7-G. "OUT-OF-NETWORK REFERRAL DENIAL" MEANS A DENIAL OF A REQUEST FOR AN AUTHORIZATION OR REFERRAL TO AN OUT-OF-NETWORK PROVIDER ON THE BASIS THAT THE HEALTH CARE PLAN HAS A HEALTH CARE PROVIDER IN THE IN-NETWORK BENEFITS PORTION OF ITS NETWORK WITH APPROPRIATE TRAINING AND EXPERIENCE TO MEET THE PARTICULAR HEALTH CARE NEEDS OF AN ENROLLEE, AND WHO IS ABLE TO PROVIDE THE REQUESTED HEALTH SERVICE. THE NOTICE OF AN OUT-OF-NETWORK REFERRAL DENIAL PROVIDED TO AN ENROLLEE SHALL INCLUDE INFORMATION EXPLAINING WHAT INFORMATION THE ENROLLEE MUST SUBMIT IN ORDER TO APPEAL THE OUT-OF-NETWORK REFERRAL DENIAL PURSUANT TO SUBDIVISION ONE-B OF SECTION FOUR THOUSAND NINE HUNDRED FOUR OF THIS ARTICLE. AN OUT-OF-NET- WORK REFERRAL DENIAL UNDER THIS SUBDIVISION DOES NOT CONSTITUTE AN ADVERSE DETERMINATION AS DEFINED IN THIS ARTICLE. AN OUT-OF-NETWORK REFERRAL DENIAL SHALL NOT BE CONSTRUED TO INCLUDE AN OUT-OF-NETWORK DENIAL AS DEFINED IN SUBDIVISION SEVEN-F OF THIS SECTION. S 22. Subdivision 2 of section 4903 of the public health law, as amended by chapter 514 of the laws of 2013, is amended to read as follows: 2. A utilization review agent shall make a utilization review determi- nation involving health care services which require pre-authorization and provide notice of a determination to the enrollee or enrollee's designee and the enrollee's health care provider by telephone and in writing within three business days of receipt of the necessary informa- tion. To the extent practicable, such written notification to the enrollee's health care provider shall be transmitted electronically, in a manner and in a form agreed upon by the parties. THE NOTIFICATION SHALL IDENTIFY; (A) WHETHER THE SERVICES ARE CONSIDERED IN-NETWORK OR OUT-OF-NETWORK; (B) AND WHETHER THE ENROLLEE WILL BE HELD HARMLESS FOR THE SERVICES AND NOT BE RESPONSIBLE FOR ANY PAYMENT, OTHER THAN ANY APPLICABLE CO-PAYMENT OR CO-INSURANCE; (C) AS APPLICABLE, THE DOLLAR AMOUNT THE HEALTH CARE PLAN WILL PAY IF THE SERVICE IS OUT-OF-NETWORK; AND (D) AS APPLICABLE, INFORMATION EXPLAINING HOW AN ENROLLEE MAY DETER- MINE THE ANTICIPATED OUT-OF-POCKET COST FOR THE OUT-OF-NETWORK HEALTH CARE SERVICES IN A GEOGRAPHICAL AREA OR ZIP CODE BASED UPON THE DIFFER- ENCE BETWEEN WHAT THE HEALTH CARE PLAN WILL REIMBURSE FOR THE OUT-OF-NETWORK HEALTH CARE SERVICES AND THE USUAL AND CUSTOMARY COST FOR THE OUT-OF-NETWORK HEALTH CARE SERVICES. S 23. Section 4904 of the public health law is amended by adding a new subdivision 1-b to read as follows: 1-B. AN ENROLLEE OR THE ENROLLEE'S DESIGNEE MAY APPEAL A DENIAL OF AN OUT-OF-NETWORK REFERRAL BY A HEALTH CARE PLAN BY SUBMITTING A WRITTEN STATEMENT FROM THE ENROLLEE'S ATTENDING PHYSICIAN, WHO MUST BE A LICENSED, BOARD CERTIFIED OR BOARD ELIGIBLE PHYSICIAN QUALIFIED TO PRAC- TICE IN THE SPECIALTY AREA OF PRACTICE APPROPRIATE TO TREAT THE ENROLLEE FOR THE HEALTH SERVICE SOUGHT, PROVIDED THAT: (A) THE IN-NETWORK HEALTH CARE PROVIDER OR PROVIDERS RECOMMENDED BY THE HEALTH CARE PLAN DO NOT HAVE THE APPROPRIATE TRAINING AND EXPERIENCE TO MEET THE PARTICULAR HEALTH CARE NEEDS OF THE ENROLLEE FOR THE HEALTH SERVICE; AND (B) RECOM- MENDS AN OUT-OF-NETWORK PROVIDER WITH THE APPROPRIATE TRAINING AND EXPE- RIENCE TO MEET THE PARTICULAR HEALTH CARE NEEDS OF THE ENROLLEE, AND WHO IS ABLE TO PROVIDE THE REQUESTED HEALTH SERVICE. S 24. Subdivision 2 of section 4910 of the public health law is amended by adding a new paragraph (d) to read as follows: A. 8557--C 46 (D)(I) THE ENROLLEE HAS HAD AN OUT-OF-NETWORK REFERRAL DENIED ON THE GROUNDS THAT THE HEALTH CARE PLAN HAS A HEALTH CARE PROVIDER IN THE IN-NETWORK BENEFITS PORTION OF ITS NETWORK WITH APPROPRIATE TRAINING AND EXPERIENCE TO MEET THE PARTICULAR HEALTH CARE NEEDS OF AN ENROLLEE, AND WHO IS ABLE TO PROVIDE THE REQUESTED HEALTH SERVICE. (II) THE ENROLLEE'S ATTENDING PHYSICIAN, WHO SHALL BE A LICENSED, BOARD CERTIFIED OR BOARD ELIGIBLE PHYSICIAN QUALIFIED TO PRACTICE IN THE SPECIALTY AREA OF PRACTICE APPROPRIATE TO TREAT THE ENROLLEE FOR THE HEALTH SERVICE SOUGHT, CERTIFIES THAT THE IN-NETWORK HEALTH CARE PROVID- ER OR PROVIDERS RECOMMENDED BY THE HEALTH CARE PLAN DO NOT HAVE THE APPROPRIATE TRAINING AND EXPERIENCE TO MEET THE PARTICULAR HEALTH CARE NEEDS OF AN ENROLLEE, AND RECOMMENDS AN OUT-OF-NETWORK PROVIDER WITH THE APPROPRIATE TRAINING AND EXPERIENCE TO MEET THE PARTICULAR HEALTH CARE NEEDS OF AN ENROLLEE, AND WHO IS ABLE TO PROVIDE THE REQUESTED HEALTH SERVICE. S 25. Paragraph (d) of subdivision 2 of section 4914 of the public health law is amended by adding a new subparagraph (D) to read as follows: (D) FOR EXTERNAL APPEALS REQUESTED PURSUANT TO PARAGRAPH (D) OF SUBDI- VISION TWO OF SECTION FOUR THOUSAND NINE HUNDRED TEN OF THIS TITLE RELATING TO AN OUT-OF-NETWORK REFERRAL DENIAL, THE EXTERNAL APPEAL AGENT SHALL REVIEW THE UTILIZATION REVIEW AGENT'S FINAL ADVERSE DETERMINATION AND, IN ACCORDANCE WITH THE PROVISIONS OF THIS TITLE, SHALL MAKE A DETERMINATION AS TO WHETHER THE OUT-OF-NETWORK REFERRAL SHALL BE COVERED BY THE HEALTH PLAN; PROVIDED THAT SUCH DETERMINATION SHALL: (I) BE CONDUCTED ONLY BY ONE OR A GREATER ODD NUMBER OF CLINICAL PEER REVIEWERS; (II) BE ACCOMPANIED BY A WRITTEN STATEMENT: (1) THAT THE OUT-OF-NETWORK REFERRAL SHALL BE COVERED BY THE HEALTH CARE PLAN EITHER WHEN THE REVIEWER OR A MAJORITY OF THE PANEL OF REVIEW- ERS DETERMINES, UPON REVIEW OF THE TRAINING AND EXPERIENCE OF THE IN-NETWORK HEALTH CARE PROVIDER OR PROVIDERS PROPOSED BY THE PLAN, THE TRAINING AND EXPERIENCE OF THE REQUESTED OUT-OF-NETWORK PROVIDER, THE CLINICAL STANDARDS OF THE PLAN, THE INFORMATION PROVIDED CONCERNING THE ENROLLEE, THE ATTENDING PHYSICIAN'S RECOMMENDATION, THE ENROLLEE'S MEDICAL RECORD, AND ANY OTHER PERTINENT INFORMATION, THAT THE HEALTH PLAN DOES NOT HAVE A PROVIDER WITH THE APPROPRIATE TRAINING AND EXPERI- ENCE TO MEET THE PARTICULAR HEALTH CARE NEEDS OF AN ENROLLEE WHO IS ABLE TO PROVIDE THE REQUESTED HEALTH SERVICE, AND THAT THE OUT-OF-NETWORK PROVIDER HAS THE APPROPRIATE TRAINING AND EXPERIENCE TO MEET THE PARTIC- ULAR HEALTH CARE NEEDS OF AN ENROLLEE, IS ABLE TO PROVIDE THE REQUESTED HEALTH SERVICE, AND IS LIKELY TO PRODUCE A MORE CLINICALLY BENEFICIAL OUTCOME; OR (2) UPHOLDING THE HEALTH PLAN'S DENIAL OF COVERAGE; (III) BE SUBJECT TO THE TERMS AND CONDITIONS GENERALLY APPLICABLE TO BENEFITS UNDER THE EVIDENCE OF COVERAGE UNDER THE HEALTH CARE PLAN; (IV) BE BINDING ON THE PLAN AND THE ENROLLEE; AND (V) BE ADMISSIBLE IN ANY COURT PROCEEDING. S 26. The financial services law is amended by adding a new article 6 to read as follows: ARTICLE 6 EMERGENCY MEDICAL SERVICES AND SURPRISE BILLS SECTION 601. DISPUTE RESOLUTION PROCESS ESTABLISHED. 602. APPLICABILITY. 603. DEFINITIONS. 604. CRITERIA FOR DETERMINING A REASONABLE FEE. A. 8557--C 47 605. DISPUTE RESOLUTION FOR EMERGENCY SERVICES. 606. HOLD HARMLESS AND ASSIGNMENT OF BENEFITS FOR SURPRISE BILLS FOR INSUREDS. 607. DISPUTE RESOLUTION FOR SURPRISE BILLS. 608. PAYMENT FOR INDEPENDENT DISPUTE RESOLUTION ENTITY. S 601. DISPUTE RESOLUTION PROCESS ESTABLISHED. THE SUPERINTENDENT SHALL ESTABLISH A DISPUTE RESOLUTION PROCESS BY WHICH A DISPUTE FOR A BILL FOR EMERGENCY SERVICES OR A SURPRISE BILL MAY BE RESOLVED. THE SUPERINTENDENT SHALL HAVE THE POWER TO GRANT AND REVOKE CERTIFICATIONS OF INDEPENDENT DISPUTE RESOLUTION ENTITIES TO CONDUCT THE DISPUTE RESOL- UTION PROCESS. THE SUPERINTENDENT SHALL PROMULGATE REGULATIONS ESTAB- LISHING STANDARDS FOR THE DISPUTE RESOLUTION PROCESS, INCLUDING A PROC- ESS FOR CERTIFYING AND SELECTING INDEPENDENT DISPUTE RESOLUTION ENTITIES. S 602. APPLICABILITY. THIS ARTICLE SHALL NOT APPLY TO HEALTH CARE SERVICES, INCLUDING EMERGENCY SERVICES, WHERE PHYSICIAN FEES ARE SUBJECT TO SCHEDULES OR OTHER MONETARY LIMITATIONS UNDER ANY OTHER LAW, INCLUD- ING THE WORKERS' COMPENSATION LAW AND ARTICLE FIFTY-ONE OF THE INSURANCE LAW, AND SHALL NOT PREEMPT ANY SUCH LAW. S 603. DEFINITIONS. FOR THE PURPOSES OF THIS ARTICLE: (A) "EMERGENCY CONDITION" MEANS A MEDICAL OR BEHAVIORAL CONDITION THAT MANIFESTS ITSELF BY ACUTE SYMPTOMS OF SUFFICIENT SEVERITY, INCLUDING SEVERE PAIN, SUCH THAT A PRUDENT LAYPERSON, POSSESSING AN AVERAGE KNOW- LEDGE OF MEDICINE AND HEALTH, COULD REASONABLY EXPECT THE ABSENCE OF IMMEDIATE MEDICAL ATTENTION TO RESULT IN : (1) PLACING THE HEALTH OF THE PERSON AFFLICTED WITH SUCH CONDITION IN SERIOUS JEOPARDY, OR IN THE CASE OF A BEHAVIORAL CONDITION PLACING THE HEALTH OF SUCH PERSON OR OTHERS IN SERIOUS JEOPARDY; (2) SERIOUS IMPAIRMENT TO SUCH PERSON'S BODILY FUNC- TIONS; (3) SERIOUS DYSFUNCTION OF ANY BODILY ORGAN OR PART OF SUCH PERSON; (4) SERIOUS DISFIGUREMENT OF SUCH PERSON; OR (5) A CONDITION DESCRIBED IN CLAUSE (I), (II) OR (III) OF SECTION 1867(E)(1)(A) OF THE SOCIAL SECURITY ACT 42 U.S.C. S 1395DD. (B) "EMERGENCY SERVICES" MEANS, WITH RESPECT TO AN EMERGENCY CONDI- TION: (1) A MEDICAL SCREENING EXAMINATION AS REQUIRED UNDER SECTION 1867 OF THE SOCIAL SECURITY ACT, 42 U.S.C. S 1395DD, WHICH IS WITHIN THE CAPABILITY OF THE EMERGENCY DEPARTMENT OF A HOSPITAL, INCLUDING ANCIL- LARY SERVICES ROUTINELY AVAILABLE TO THE EMERGENCY DEPARTMENT TO EVALU- ATE SUCH EMERGENCY MEDICAL CONDITION; AND (2) WITHIN THE CAPABILITIES OF THE STAFF AND FACILITIES AVAILABLE AT THE HOSPITAL, SUCH FURTHER MEDICAL EXAMINATION AND TREATMENT AS ARE REQUIRED UNDER SECTION 1867 OF THE SOCIAL SECURITY ACT, 42 U.S.C. S 1395DD, TO STABILIZE THE PATIENT. (C) "HEALTH CARE PLAN" MEANS AN INSURER LICENSED TO WRITE ACCIDENT AND HEALTH INSURANCE PURSUANT TO ARTICLE FORTY-TWO OF THE INSURANCE LAW; A CORPORATION ORGANIZED PURSUANT TO ARTICLE FORTY-THREE OF THE INSURANCE LAW; A MUNICIPAL COOPERATIVE HEALTH BENEFIT PLAN CERTIFIED PURSUANT TO ARTICLE FORTY-SEVEN OF THE INSURANCE LAW; A HEALTH MAINTENANCE ORGANIZA- TION CERTIFIED PURSUANT TO ARTICLE FORTY-FOUR OF THE PUBLIC HEALTH LAW; OR A STUDENT HEALTH PLAN ESTABLISHED OR MAINTAINED PURSUANT TO SECTION ONE THOUSAND ONE HUNDRED TWENTY-FOUR OF THE INSURANCE LAW. (D) "INSURED" MEANS A PATIENT COVERED UNDER A HEALTH CARE PLAN'S POLI- CY OR CONTRACT. (E) "NON-PARTICIPATING" MEANS NOT HAVING A CONTRACT WITH A HEALTH CARE PLAN TO PROVIDE HEALTH CARE SERVICES TO AN INSURED. (F) "PARTICIPATING" MEANS HAVING A CONTRACT WITH A HEALTH CARE PLAN TO PROVIDE HEALTH CARE SERVICES TO AN INSURED. A. 8557--C 48 (G) "PATIENT" MEANS A PERSON WHO RECEIVES HEALTH CARE SERVICES, INCLUDING EMERGENCY SERVICES, IN THIS STATE. (H) "SURPRISE BILL" MEANS A BILL FOR HEALTH CARE SERVICES, OTHER THAN EMERGENCY SERVICES, RECEIVED BY: (1) AN INSURED FOR SERVICES RENDERED BY A NON-PARTICIPATING PHYSICIAN OR BY A NON-PARTICIPATING PHYSICIAN AT A PARTICIPATING HOSPITAL OR AMBU- LATORY SURGICAL CENTER, WHERE A PARTICIPATING PHYSICIAN IS UNAVAILABLE AT THE TIME THE HEALTH CARE SERVICES ARE RENDERED OR IF UNFORESEEN MEDICAL SERVICES AROSE WHEN THE HEALTH CARE SERVICES WERE PROVIDED; PROVIDED, HOWEVER, THAT A SURPRISE BILL SHALL NOT MEAN A BILL RECEIVED FOR HEALTH CARE SERVICES WHEN THE PATIENT HAS TIMELY RECEIVED ALL THE DISCLOSURES REQUIRED PURSUANT TO SECTION TWENTY-FOUR OF THE PUBLIC HEALTH LAW AND A PARTICIPATING PHYSICIAN IS AVAILABLE AND THE INSURED HAS ELECTED TO OBTAIN SERVICES FROM A NON-PARTICIPATING PHYSICIAN; OR (2) A PATIENT WHO IS NOT AN INSURED FOR SERVICES RENDERED BY A PHYSI- CIAN OR BY A PHYSICIAN AT A HOSPITAL OR AMBULATORY SURGICAL CENTER, WHERE THE PATIENT HAS NOT TIMELY RECEIVED ALL OF THE DISCLOSURES REQUIRED PURSUANT TO SECTION TWENTY-FOUR OF THE PUBLIC HEALTH LAW. (I) "USUAL AND CUSTOMARY COST" MEANS THE EIGHTIETH PERCENTILE OF ALL CHARGES FOR THE PARTICULAR HEALTH CARE SERVICE PERFORMED BY A PROVIDER IN THE SAME OR SIMILAR SPECIALTY AND PROVIDED IN THE SAME GEOGRAPHICAL AREA AS REPORTED IN A BENCHMARKING DATABASE MAINTAINED BY A NONPROFIT ORGANIZATION SPECIFIED BY THE SUPERINTENDENT. THE NONPROFIT ORGANIZATION SHALL NOT BE AFFILIATED WITH AN INSURER, A CORPORATION SUBJECT TO ARTI- CLE FORTY-THREE OF THE INSURANCE LAW, A MUNICIPAL COOPERATIVE HEALTH BENEFIT PLAN CERTIFIED PURSUANT TO ARTICLE FORTY-SEVEN OF THE INSURANCE LAW, OR A HEALTH MAINTENANCE ORGANIZATION CERTIFIED PURSUANT TO ARTICLE FORTY-FOUR OF THE PUBLIC HEALTH LAW. S 604. CRITERIA FOR DETERMINING A REASONABLE FEE. IN DETERMINING THE APPROPRIATE AMOUNT TO PAY FOR A HEALTH CARE SERVICE, AN INDEPENDENT DISPUTE RESOLUTION ENTITY SHALL CONSIDER ALL RELEVANT FACTORS, INCLUD- ING: (A) WHETHER THERE IS A GROSS DISPARITY BETWEEN THE FEE CHARGED BY THE PHYSICIAN FOR SERVICES RENDERED AS COMPARED TO: (1) FEES PAID TO THE INVOLVED PHYSICIAN FOR THE SAME SERVICES RENDERED BY THE PHYSICIAN TO OTHER PATIENTS IN HEALTH CARE PLANS IN WHICH THE PHYSICIAN IS NOT PARTICIPATING, AND (2) IN THE CASE OF A DISPUTE INVOLVING A HEALTH CARE PLAN, FEES PAID BY THE HEALTH CARE PLAN TO REIMBURSE SIMILARLY QUALIFIED PHYSICIANS FOR THE SAME SERVICES IN THE SAME REGION WHO ARE NOT PARTICIPATING WITH THE HEALTH CARE PLAN; (B) THE LEVEL OF TRAINING, EDUCATION AND EXPERIENCE OF THE PHYSICIAN; (C) THE PHYSICIAN'S USUAL CHARGE FOR COMPARABLE SERVICES WITH REGARD TO PATIENTS IN HEALTH CARE PLANS IN WHICH THE PHYSICIAN IS NOT PARTIC- IPATING; (D) THE CIRCUMSTANCES AND COMPLEXITY OF THE PARTICULAR CASE, INCLUDING TIME AND PLACE OF THE SERVICE; (E) INDIVIDUAL PATIENT CHARACTERISTICS; AND (F) THE USUAL AND CUSTOMARY COST OF THE SERVICE. S 605. DISPUTE RESOLUTION FOR EMERGENCY SERVICES. (A) EMERGENCY SERVICES FOR AN INSURED. (1) WHEN A HEALTH CARE PLAN RECEIVES A BILL FOR EMERGENCY SERVICES FROM A NON-PARTICIPATING PHYSICIAN, THE HEALTH CARE PLAN SHALL PAY AN AMOUNT THAT IT DETERMINES IS REASONABLE FOR THE EMER- GENCY SERVICES RENDERED BY THE NON-PARTICIPATING PHYSICIAN, IN ACCORD- ANCE WITH SECTION THREE THOUSAND TWO HUNDRED TWENTY-FOUR-A OF THE INSUR- ANCE LAW, EXCEPT FOR THE INSURED'S CO-PAYMENT, COINSURANCE OR A. 8557--C 49 DEDUCTIBLE, IF ANY, AND SHALL ENSURE THAT THE INSURED SHALL INCUR NO GREATER OUT-OF-POCKET COSTS FOR THE EMERGENCY SERVICES THAN THE INSURED WOULD HAVE INCURRED WITH A PARTICIPATING PHYSICIAN PURSUANT TO SUBSECTION (C) OF SECTION THREE THOUSAND TWO HUNDRED FORTY-ONE OF THE INSURANCE LAW. (2) A NON-PARTICIPATING PHYSICIAN OR A HEALTH CARE PLAN MAY SUBMIT A DISPUTE REGARDING A FEE OR PAYMENT FOR EMERGENCY SERVICES FOR REVIEW TO AN INDEPENDENT DISPUTE RESOLUTION ENTITY. (3) IN DETERMINING A REASONABLE FEE FOR THE SERVICES RENDERED, AN INDEPENDENT DISPUTE RESOLUTION ENTITY SHALL USE THE CONDITIONS AND FACTORS SET FORTH IN SECTION SIX HUNDRED FOUR OF THIS ARTICLE TO SELECT THE HEALTH CARE PLAN'S PAYMENT, THE NON-PARTICIPATING PHYSICIAN'S FEE, OR TO DEVELOP AN ALTERNATIVE REASONABLE PAYMENT. (B) EMERGENCY SERVICES FOR A PATIENT THAT IS NOT AN INSURED. (1) A PATIENT THAT IS NOT AN INSURED OR THE PATIENT'S PHYSICIAN MAY SUBMIT A DISPUTE REGARDING A FEE FOR EMERGENCY SERVICES FOR REVIEW TO AN INDE- PENDENT DISPUTE RESOLUTION ENTITY UPON APPROVAL OF THE SUPERINTENDENT. (2) AN INDEPENDENT DISPUTE RESOLUTION ENTITY SHALL DETERMINE A REASON- ABLE FEE FOR THE SERVICES BASED UPON THE SAME CONDITIONS AND FACTORS SET FORTH IN SECTION SIX HUNDRED FOUR OF THIS ARTICLE. (3) A PATIENT THAT IS NOT AN INSURED SHALL NOT BE REQUIRED TO PAY THE PHYSICIAN'S FEE IN ORDER TO BE ELIGIBLE TO SUBMIT THE DISPUTE FOR REVIEW TO AN INDEPENDENT DISPUTE RESOLUTION ENTITY. (C) THE DETERMINATION OF AN INDEPENDENT DISPUTE RESOLUTION ENTITY SHALL BE BINDING ON THE HEALTH CARE PLAN, PHYSICIAN AND PATIENT, AND SHALL BE ADMISSIBLE IN ANY COURT PROCEEDING BETWEEN THE HEALTH CARE PLAN, PHYSICIAN OR PATIENT, OR IN ANY ADMINISTRATIVE PROCEEDING BETWEEN THIS STATE AND THE PHYSICIAN. S 606. HOLD HARMLESS AND ASSIGNMENT OF BENEFITS FOR SURPRISE BILLS FOR INSUREDS. WHEN AN INSURED ASSIGNS BENEFITS FOR A SURPRISE BILL IN WRIT- ING TO A NON-PARTICIPATING PHYSICIAN THAT KNOWS THE INSURED IS INSURED UNDER A HEALTH CARE PLAN, THE NON-PARTICIPATING PHYSICIAN SHALL NOT BILL THE INSURED EXCEPT FOR ANY APPLICABLE COPAYMENT, COINSURANCE OR DEDUCT- IBLE THAT WOULD BE OWED IF THE INSURED UTILIZED A PARTICIPATING PHYSI- CIAN. S 607. DISPUTE RESOLUTION FOR SURPRISE BILLS. (A) SURPRISE BILL RECEIVED BY AN INSURED WHO ASSIGNS BENEFITS. (1) IF AN INSURED ASSIGNS BENEFITS TO A NON-PARTICIPATING PHYSICIAN, THE HEALTH CARE PLAN SHALL PAY THE NON-PARTICIPATING PHYSICIAN IN ACCORDANCE WITH PARAGRAPHS TWO AND THREE OF THIS SUBSECTION. (2) THE NON-PARTICIPATING PHYSICIAN MAY BILL THE HEALTH CARE PLAN FOR THE HEALTH CARE SERVICES RENDERED, AND THE HEALTH CARE PLAN SHALL PAY THE NON-PARTICIPATING PHYSICIAN THE BILLED AMOUNT OR ATTEMPT TO NEGOTI- ATE REIMBURSEMENT WITH THE NON-PARTICIPATING PHYSICIAN. (3) IF THE HEALTH CARE PLAN'S ATTEMPTS TO NEGOTIATE REIMBURSEMENT FOR HEALTH CARE SERVICES PROVIDED BY A NON-PARTICIPATING PHYSICIAN DOES NOT RESULT IN A RESOLUTION OF THE PAYMENT DISPUTE BETWEEN THE NON-PARTICI- PATING PHYSICIAN AND THE HEALTH CARE PLAN, THE HEALTH CARE PLAN SHALL PAY THE NON-PARTICIPATING PHYSICIAN AN AMOUNT THE HEALTH CARE PLAN DETERMINES IS REASONABLE FOR THE HEALTH CARE SERVICES RENDERED, EXCEPT FOR THE INSURED'S COPAYMENT, COINSURANCE OR DEDUCTIBLE, IN ACCORDANCE WITH SECTION THREE THOUSAND TWO HUNDRED TWENTY-FOUR-A OF THE INSURANCE LAW. (4) EITHER THE HEALTH CARE PLAN OR THE NON-PARTICIPATING PHYSICIAN MAY SUBMIT THE DISPUTE REGARDING THE SURPRISE BILL FOR REVIEW TO AN INDE- PENDENT DISPUTE RESOLUTION ENTITY, PROVIDED HOWEVER, THE HEALTH CARE A. 8557--C 50 PLAN MAY NOT SUBMIT THE DISPUTE UNLESS IT HAS COMPLIED WITH THE REQUIRE- MENTS OF PARAGRAPHS ONE, TWO AND THREE OF THIS SUBSECTION. (5) WHEN DETERMINING A REASONABLE FEE FOR THE SERVICES RENDERED, THE INDEPENDENT DISPUTE RESOLUTION ENTITY SHALL USE THE CONDITIONS AND FACTORS SET FORTH IN SECTION SIX HUNDRED FOUR OF THIS ARTICLE TO SELECT THE HEALTH CARE PLAN'S PAYMENT, THE NON-PARTICIPATING PHYSICIAN'S FEE, OR TO DEVELOP AN ALTERNATIVE REASONABLE PAYMENT. (B) SURPRISE BILL RECEIVED BY AN INSURED WHO DOES NOT ASSIGN BENEFITS OR BY A PATIENT WHO IS NOT AN INSURED. (1) AN INSURED WHO DOES NOT ASSIGN BENEFITS IN ACCORDANCE WITH SUBSECTION (A) OF THIS SECTION OR A PATIENT WHO IS NOT AN INSURED AND WHO RECEIVES A SURPRISE BILL MAY SUBMIT A DISPUTE REGARDING THE SURPRISE BILL FOR REVIEW TO AN INDEPEND- ENT DISPUTE RESOLUTION ENTITY. (2) THE INDEPENDENT DISPUTE RESOLUTION ENTITY SHALL DETERMINE A REASONABLE FEE FOR THE SERVICES RENDERED BASED UPON THE CONDITIONS AND FACTORS SET FORTH IN SECTION SIX HUNDRED FOUR OF THIS ARTICLE. (3) A PATIENT OR INSURED WHO DOES NOT ASSIGN BENEFITS IN ACCORDANCE WITH SUBSECTION (A) OF THIS SECTION SHALL NOT BE REQUIRED TO PAY THE PHYSICIAN'S FEE TO BE ELIGIBLE TO SUBMIT THE DISPUTE FOR REVIEW TO THE INDEPENDENT DISPUTE ENTITY. (C) THE DETERMINATION OF AN INDEPENDENT DISPUTE RESOLUTION ENTITY SHALL BE BINDING ON THE PATIENT, PHYSICIAN AND HEALTH CARE PLAN, AND SHALL BE ADMISSIBLE IN ANY COURT PROCEEDING BETWEEN THE PATIENT OR INSURED, PHYSICIAN OR HEALTH CARE PLAN, OR IN ANY ADMINISTRATIVE PROCEEDING BETWEEN THIS STATE AND THE PHYSICIAN. S 608. PAYMENT FOR INDEPENDENT DISPUTE RESOLUTION ENTITY. (A) FOR DISPUTES INVOLVING AN INSURED, WHEN THE INDEPENDENT DISPUTE RESOLUTION ENTITY DETERMINES THE HEALTH CARE PLAN'S PAYMENT IS REASONABLE, PAYMENT FOR THE DISPUTE RESOLUTION PROCESS SHALL BE THE RESPONSIBILITY OF THE NON-PARTICIPATING PHYSICIAN. WHEN THE INDEPENDENT DISPUTE RESOLUTION ENTITY DETERMINES THE NON-PARTICIPATING PHYSICIAN'S FEE IS REASONABLE, PAYMENT FOR THE DISPUTE RESOLUTION PROCESS SHALL BE THE RESPONSIBILITY OF THE HEALTH CARE PLAN. WHEN THE INDEPENDENT DISPUTE RESOLUTION ENTITY DETERMINES THAT AN ALTERNATIVE PAYMENT IS REASONABLE, THE PAYMENT FOR THE DISPUTE RESOLUTION PROCESS SHALL BE SHARED EQUALLY BETWEEN THE PHYSICIAN AND THE HEALTH CARE PLAN. (B) FOR DISPUTES INVOLVING A PATIENT THAT IS NOT AN INSURED, WHEN THE INDEPENDENT DISPUTE RESOLUTION ENTITY DETERMINES THE PHYSICIAN'S FEE IS REASONABLE, PAYMENT FOR THE DISPUTE RESOLUTION PROCESS SHALL BE THE RESPONSIBILITY OF THE PATIENT UNLESS PAYMENT FOR THE DISPUTE RESOLUTION PROCESS WOULD POSE A HARDSHIP TO THE PATIENT. THE SUPERINTENDENT SHALL PROMULGATE A REGULATION TO DETERMINE PAYMENT FOR THE DISPUTE RESOLUTION PROCESS IN CASES OF HARDSHIP. WHEN THE INDEPENDENT DISPUTE RESOLUTION ENTITY DETERMINES THE PHYSICIAN'S FEE IS UNREASONABLE, PAYMENT FOR THE DISPUTE RESOLUTION PROCESS SHALL BE THE RESPONSIBILITY OF THE PHYSICIAN. S 27. 1. An out-of-network reimbursement rate workgroup shall be convened and shall consist of 9 members appointed by the governor. Two members shall be appointed on the recommendation of the speaker of the assembly and two members shall be appointed on the recommendation of the temporary president of the senate and shall consist of two physicians, two representatives of health plans, and three consumers and shall be co-chaired by the superintendent of the department of financial services and the commissioner of the department of health. Such representatives of the workgroup must represent different regions of the state. The members shall receive no compensation for their services, but shall be A. 8557--C 51 allowed their actual and necessary expenses incurred in the performance of their duties. 2. The work group shall review the current out-of-network reimburse- ment rates used by health plans licensed under the insurance law, and health maintenance organizations licensed under the public health law and the rate methodology as required under the laws of 2014 and make recommendations regarding an alternative rate methodology taking into consideration the following factors: a. current physician charges for out-of-network services; b. trends in medical care and the actual costs of medical care; c. regional differences regarding medical costs and trends; d. the current methodologies and levels of reimbursement for out-of- network services currently paid by health plans, including HMOs, Medi- care, Medicaid; e. the current in-network rates paid by health plans, including HMOs, Medicare and Medicaid for the same service and by the same provider; f. the impact different rate methodologies would have on out of pocket costs for consumers who access out-of-network services; g. the impact different rate methodologies would have on premium costs in different regions of the state; h. reimbursement data from all health plans both public and private as well as charge data from medical professionals and hospitals available through the All Payer Database as developed and maintained by the department of health including data provided in the annual report published pursuant to section two thousand eight hundred sixteen of the public health law; and i. other issues deemed appropriate by either the department of finan- cial services or the commissioner of the department of health. 3. The workgroup shall report its findings and make recommendations to the governor, the speaker of the assembly, the senate majority leader and the chairs of the insurance committees in both the assembly and the senate no later than January 1, 2016. S 28. This act shall take effect one year after it shall have become a law, provided, however, that: 1. if the amendments by chapter 514 of the laws of 2013 made to subsection (b) of section 4903 of the insurance law and subdivision 2 of section 4903 of the public health law, as amended by sections twelve and twenty-two of this act, respectively, take effect after such date, then sections twelve and twenty-two of this act shall take effect on the same date as chapter 514 of the laws of 2013 takes effect; 2. for policies renewed on and after such date this act shall take effect on the renewal date; 3. sections twelve, sixteen, seventeen, twenty-two and twenty-six of this act shall apply to health care services provided on and after such date; 4. sections eleven, thirteen, fourteen, fifteen, twenty-one, twenty- three, twenty-four and twenty-five of this act shall apply to denials issued on and after such date; 5. effective immediately, the superintendent of financial services may promulgate any regulations necessary for the implementation of the provisions of this act on its effective date, and may certify one or more independent dispute resolution entities; and 6. sections three, ten, twenty, and paragraph 2 of subdivision b of section thirty-two hundred forty-one of the insurance law as added by section six of this act shall expire and be deemed repealed on June 30, 2016. A. 8557--C 52 PART V Section 1. The opening paragraph of subsection (k) of section 2101 of the insurance law, as added by chapter 687 of the laws of 2003, is amended to read as follows: In this article, "insurance producer" means an insurance agent, TITLE INSURANCE AGENT, TITLE INSURANCE SOLICITOR, insurance broker, reinsur- ance intermediary, excess lines broker, or any other person required to be licensed under the laws of this state to sell, solicit or negotiate insurance. Such term shall not include: S 2. Paragraph 4 of subsection (k) of section 2101 of the insurance law is REPEALED and paragraphs 5, 6, 7, 8, 9, 10, 11, and 12 are renum- bered paragraphs 4, 5, 6, 7, 8, 9, 10, and 11. S 3. Section 2101 of the insurance law is amended by adding 3 new subsections (y), (z), and (aa) to read as follows: (Y) (1) IN THIS CHAPTER, "TITLE INSURANCE AGENT" MEANS ANY AUTHORIZED OR ACKNOWLEDGED AGENT OF A TITLE INSURANCE CORPORATION, AND ANY SUBAGENT OR OTHER REPRESENTATIVE OF SUCH AN AGENT, WHO OR WHICH FOR COMMISSION, COMPENSATION, OR ANY OTHER THING OF VALUE, PERFORMS THE FOLLOWING ACTS IN CONJUNCTION WITH THE ISSUANCE OF A TITLE INSURANCE POLICY: (A) DETERMINES INSURABILITY OR PREPARES OR ISSUES TITLE INSURANCE COMMITMENTS OR CERTIFICATES OF TITLE OR POLICIES, OR BOTH, BASED UPON THE PERFORMANCE OR REVIEW OF A SEARCH; AND (B) PERFORMS ONE OR MORE OF THE FOLLOWING FUNCTIONS: (I) COLLECTS, REMITS OR DISBURSES PREMIUM OR OTHER FUNDS; (II) HANDLES ESCROWS; (III) SELLS, SOLICITS OR NEGOTIATES TITLE INSURANCE BUSINESS; OR (IV) CLOSES TITLE, INCLUDING THE CLEARANCE OF TITLE EXCEPTIONS, IN CONNECTION WITH THE ISSUANCE OF A TITLE INSURANCE POLICY; (2) SUCH TERM SHALL NOT INCLUDE ANY REGULAR SALARIED OFFICER OR EMPLOYEE OF AN AUTHORIZED TITLE INSURANCE CORPORATION OR OF A LICENSED TITLE INSURANCE AGENT, WHO DOES NOT RECEIVE A COMMISSION OR OTHER COMPENSATION FOR SERVICES, WHICH COMMISSION OR OTHER COMPENSATION IS DIRECTLY DEPENDENT UPON THE AMOUNT OF TITLE INSURANCE BUSINESS DONE. (Z) IN THIS CHAPTER, "TITLE INSURANCE CLOSER" MEANS ANY PERSON WHO FOR COMPENSATION OR ANYTHING OF VALUE, REPRESENTS A TITLE INSURANCE CORPO- RATION OR TITLE INSURANCE AGENT AT THE CLOSING OF TITLE, EXCEPT THAT SUCH TERM SHALL NOT INCLUDE: (1) A LICENSED TITLE INSURANCE AGENT; OR (2) ANY REGULAR SALARIED OFFICER OR EMPLOYEE OF AN AUTHORIZED TITLE INSURANCE CORPORATION OR TITLE INSURANCE AGENT WHO DOES NOT RECEIVE A COMMISSION OR OTHER COMPENSATION THAT IS DIRECTLY DEPENDENT UPON THE AMOUNT OF TITLE INSURANCE BUSINESS DONE. (AA) IN THIS CHAPTER, "TITLE INSURANCE SOLICITOR" MEANS ANY PERSON, FIRM, ASSOCIATION OR CORPORATION, WHO OR WHICH, FOR COMPENSATION OR ANYTHING OF VALUE, SOLICITS TITLE INSURANCE ON BEHALF OF A TITLE INSUR- ANCE CORPORATION OR A TITLE INSURANCE AGENT, EXCEPT THAT SUCH TERM SHALL NOT INCLUDE: (1) A LICENSED TITLE INSURANCE AGENT; OR (2) ANY REGULAR SALARIED OFFICER OR EMPLOYEE OF AN AUTHORIZED TITLE INSURANCE CORPORATION OR TITLE INSURANCE AGENT WHO DOES NOT RECEIVE A COMMISSION OR OTHER COMPENSATION THAT IS DIRECTLY DEPENDENT UPON THE AMOUNT OF TITLE INSURANCE BUSINESS DONE. S 4. Subparagraph (A) of paragraph 1 of subsection (a) of section 2102 of the insurance law, as amended by section 8 of part I of chapter 61 of the laws of 2011, is amended to read as follows: A. 8557--C 53 (A) No person, firm, association or corporation shall act as an insur- ance producer, insurance adjuster [or], life settlement broker OR TITLE INSURANCE CLOSER in this state without having authority to do so by virtue of a license issued and in force pursuant to the provisions of this chapter. S 5. Subsection (a) of section 2109 of the insurance law, paragraph 3 as amended by chapter 687 of the laws of 2003, is amended to read as follows: (a) The superintendent may issue a temporary insurance agent's LICENSE, TITLE INSURANCE AGENT'S LICENSE or insurance broker's license, or both AN INSURANCE AGENT'S AND INSURANCE BROKER'S LICENSE, without requiring the applicant to pass a written examination or to satisfy the requirements of subsection (c) of section two thousand one hundred four of this article except as to age, in the case of a license issued pursu- ant to paragraph two [hereof] OF THIS SUBSECTION, in the following cases: (1) in the case of the death of a person who at the time of his death was a licensed accident and health insurance agent under subsection (a) of section two thousand one hundred three of this article, a licensed insurance agent OR LICENSED TITLE INSURANCE AGENT under subsection (b) of such section or a licensed insurance broker: (A) to the executor or administrator of the estate of such deceased agent or broker; (B) to a surviving next of kin of such deceased agent or broker, where no administrator of his estate has been appointed and no executor has qualified under his duly probated will; (C) to the surviving member or members of a firm or association, which at the time of the death of a member was such a licensed insurance agent, LICENSED TITLE INSURANCE AGENT or licensed insurance broker; or (D) to an officer or director of a corporation upon the death of the only officer or director who was qualified as a sub-licensee or to the executor or administrator of the estate of such deceased officer or director; (2) to any person who may be designated by a person licensed pursuant to this chapter as an insurance agent, TITLE INSURANCE AGENT or an insurance broker, or both AN INSURANCE AGENT AND INSURANCE BROKER, and who is absent because of service in any branch of the armed forces of the United States, including a partnership or corporation [which] THAT is licensed pursuant to this chapter as an insurance agent, TITLE INSUR- ANCE AGENT or as an insurance broker, or both AN INSURANCE AGENT AND INSURANCE BROKER, in a case where the sub-licensee or all sub-licensees, if more than one, named in the license or licenses issued to such part- nership or corporation is or are absent because of service in any branch of the armed forces of the United States; and (3) to the next of kin of a person who has become totally disabled and prevented from pursuing any of the duties of his or her occupation, and who at the commencement of his or her disability was a licensed accident and health insurance agent under subsection (a) of section two thousand one hundred three of this article, a licensed insurance agent under subsection (b) of such section, A LICENSED TITLE INSURANCE AGENT or a licensed insurance broker. S 6. Subsection (c) of section 2109 of the insurance law is amended to read as follows: (c) Such license or licenses shall authorize the person or persons named therein to renew the business of the deceased, absent or disabled INSURANCE agent, TITLE INSURANCE AGENT, or INSURANCE broker, or both AN A. 8557--C 54 INSURANCE AGENT AND INSURANCE BROKER, as the case may be, or of the firm or, in the case of a license issued pursuant to paragraph one or three of subsection (a) [hereof] OF THIS SECTION, the association whose busi- ness is being continued thereunder, each such agent[,] OR broker[, firm or association] being referred to in this section as "original licen- see", expiring during the period in which such temporary license or licenses are in force, to collect premiums due and payable to the original licensee or, in the case of a license issued pursuant to para- graph one of subsection (a) [hereof] OF THIS SECTION, to his OR HER estate, and to perform such other acts as an insurance agent, A TITLE INSURANCE AGENT or [as] an insurance broker, or both AN INSURANCE AGENT OR INSURANCE BROKER, as the case may be, as are incidental to the continuance of the insurance business of such original licensee. S 7. Section 2109 of the insurance law is amended by adding a new subsection (h) to read as follows: (H) (1) IN THE CASE OF A PERSON SEEKING A TEMPORARY LICENSE TO ACT AS A TITLE INSURANCE AGENT PURSUANT TO SUBSECTION (A) OF THIS SECTION, THE SUPERINTENDENT MAY ISSUE A LICENSE FOR A TERM NOT TO EXCEED ONE HUNDRED EIGHTY DAYS TO SUCH PERSON PROVIDED THE PERSON: (A) DEMONSTRATES TO THE SATISFACTION OF THE SUPERINTENDENT THAT A TITLE INSURANCE CORPORATION IS WILLING TO APPOINT HIM OR HER; (B) SUBMITS TO THE NEXT AVAILABLE TITLE INSURANCE AGENT EXAMINATION; AND (C) DEMONSTRATES TO THE SATISFACTION OF THE SUPERINTENDENT THAT HE OR SHE IS QUALIFIED, COMPETENT, EXPERIENCED AND TRUSTWORTHY TO ACT AS A TITLE INSURANCE AGENT. (2) ANY PERSON ISSUED A LICENSE PURSUANT TO THIS SUBSECTION SHALL, BY VIRTUE OF SUCH LICENSE, BE AUTHORIZED TO SOLICIT, NEGOTIATE OR SELL NEW POLICIES OF TITLE INSURANCE. S 8. The section heading and subsections (a) and (b) of section 2110 of the insurance law, as amended by chapter 499 of the laws of 2009, paragraph 15 of subsection (a) as added and paragraphs 16 and 17 of subsection (a) as renumbered by chapter 546 of the laws of 2013, are amended to read as follows: Revocation or suspension of license of insurance producer, insurance consultant, adjuster, TITLE INSURANCE CLOSER, or life settlement broker. (a) The superintendent may refuse to renew, revoke, or may suspend for a period the superintendent determines the license of any insurance producer, insurance consultant, adjuster, TITLE INSURANCE CLOSER or life settlement broker, if, after notice and hearing, the superintendent determines that the licensee or any sub-licensee has: (1) violated any insurance laws, or violated any regulation, subpoena or order of the superintendent or of another state's insurance commis- sioner, or has violated any law in the course of his or her dealings in such capacity; (2) provided materially incorrect, materially misleading, materially incomplete or materially untrue information in the license application; (3) obtained or attempted to obtain a license through misrepresen- tation or fraud; (4) (A) used fraudulent, coercive or dishonest practices; (B) demonstrated incompetence; (C) demonstrated untrustworthiness; or (D) demonstrated financial irresponsibility in the conduct of business in this state or elsewhere; A. 8557--C 55 (5) improperly withheld, misappropriated or converted any monies or properties received in the course of business in this state or else- where; (6) intentionally misrepresented the terms of an actual or proposed insurance contract, life settlement contract or application for insur- ance; (7) has been convicted of a felony; (8) admitted or been found to have committed any insurance unfair trade practice or fraud; (9) had an insurance producer license, INSURANCE CONSULTANT LICENSE, ADJUSTER LICENSE, A TITLE INSURANCE CLOSER LICENSE, a life settlement broker license, or its equivalent, denied, suspended or revoked in any other state, province, district or territory; (10) forged another's name to an application for insurance or life settlement contract or to any document related to an insurance or life settlement transaction; (11) improperly used notes or any other reference material to complete an examination for an insurance license or life settlement broker license; (12) knowingly accepted insurance business from an individual who is not licensed; (13) failed to comply with an administrative or court order imposing a child support obligation; (14) failed to pay state income tax or comply with any administrative or court order directing payment of state income tax; (15) while acting as a public adjuster, the licensee has failed to act on behalf and in the best interests of the insured when negotiating for or effecting the settlement of an insurance claim for such insured or otherwise acting as a public adjuster, or has failed to make the disclo- sures required by paragraph two of subsection (s) of section two thou- sand one hundred eight of this article; (16) while acting as a life settlement broker, failed to protect the privacy of the insured or owner or other person for whom the life settlement broker was required to provide protection pursuant to article seventy-eight of this chapter; or (17) ceased to meet the requirements for licensure under this chapter. (b) Before revoking or suspending the license of any insurance produc- er, TITLE INSURANCE CLOSER, life settlement broker or other licensee pursuant to the provisions of this article, the superintendent shall, except when proceeding pursuant to subsection (f) of this section, give notice to the licensee and to every sub-licensee and shall hold, or cause to be held, a hearing not less than ten days after the giving of such notice. S 9. Subsections (a), (b), (c), and (d) of sections 2112 of the insur- ance law, subsection (a) as amended by chapter 540 of the laws of 1996, subsections (b) and (d) as amended by chapter 687 of the laws of 2003 and subsection (c) as amended by chapter 647 of the laws of 1992, are amended to read as follows: (a) Every insurer, fraternal benefit society or health maintenance organization doing business in this state shall file a certificate of appointment in such form as the superintendent may prescribe in order to appoint insurance agents, TITLE INSURANCE AGENTS, OR TITLE INSURANCE SOLICITORS to represent such insurer, fraternal benefit society or health maintenance organization; EXCEPT THAT A TITLE INSURANCE AGENT SHALL FILE A CERTIFICATE OF APPOINTMENT IN SUCH FORM AS THE SUPERINTEN- A. 8557--C 56 DENT MAY PRESCRIBE IN ORDER TO APPOINT A TITLE INSURANCE SOLICITOR TO ACT ON BEHALF OF SUCH TITLE INSURANCE AGENT. (b) To appoint a producer, the appointing insurer, OR IN THE CASE OF A TITLE INSURANCE SOLICITOR, THE APPOINTING TITLE INSURANCE AGENT OR INSURER, shall file, in a format approved by the superintendent, a notice of appointment within fifteen days from the date the agency contract is executed or the first insurance application is submitted. (c) Certificates of appointment shall be valid until [(i)] (1) termi- nated by the appointing insurer OR TITLE INSURANCE AGENT after a termi- nation in accordance with the provisions of the agency contract; [(ii)] (2) the license is suspended or revoked by the superintendent; or [(iii)] (3) the license expires and is not renewed. (d) Every insurer, fraternal benefit society or health maintenance organization or insurance producer or the authorized representative of the insurer, fraternal benefit society, health maintenance organization or insurance producer doing business in this state shall, upon termi- nation of the certificate of appointment as set forth in subsection (a) of this section of any insurance agent, TITLE INSURANCE AGENT OR TITLE INSURANCE SOLICITOR licensed in this state, or upon termination for cause for activities as set forth in subsection (a) of section two thou- sand one hundred ten of this article, of the certificate of appointment, of employment, of a contract or other insurance business relationship with any insurance producer, file with the superintendent within thirty days a statement, in such form as the superintendent may prescribe, of the facts relative to such termination for cause. The insurer, fraternal benefit society, health maintenance organization, insurance producer or the authorized representative of the insurer, fraternal benefit society, health maintenance organization or insurance producer shall provide, within fifteen days after notification has been sent to the superinten- dent, a copy of the statement filed with the superintendent to the insurance producer at his, or her or its last known address by certified mail, return receipt requested, postage prepaid or by overnight delivery using a nationally recognized carrier. Every statement made pursuant to this subsection shall be deemed a privileged communication. S 10. The insurance law is amended by adding a new section 2113 to read as follows: S 2113. TITLE INSURANCE AGENT, TITLE INSURANCE SOLICITOR, AND TITLE INSURANCE CLOSER; COMMISSIONS. (A) NO INSURER DOING BUSINESS IN THIS STATE, AND NO AGENT OR OTHER REPRESENTATIVE THEREOF, SHALL PAY ANY COMMISSION OR OTHER COMPENSATION TO ANY PERSON, FIRM, ASSOCIATION OR CORPORATION FOR ACTING AS A TITLE INSURANCE AGENT IN THIS STATE, EXCEPT TO A LICENSED TITLE INSURANCE AGENT. (B) NO INSURER DOING BUSINESS IN THIS STATE, AND NO AGENT OR OTHER REPRESENTATIVE THEREOF, SHALL PAY ANY COMPENSATION TO ANY PERSON, FIRM, ASSOCIATION OR CORPORATION FOR ACTING AS A TITLE INSURANCE CLOSER IN THIS STATE, EXCEPT TO A LICENSED TITLE INSURANCE CLOSER. (C) NO INSURER DOING BUSINESS IN THIS STATE, AND NO AGENT OR OTHER REPRESENTATIVE THEREOF, SHALL PAY ANY COMPENSATION TO ANY PERSON, FIRM, ASSOCIATION OR CORPORATION FOR ACTING AS A TITLE INSURANCE SOLICITOR IN THIS STATE, EXCEPT TO A LICENSED TITLE INSURANCE SOLICITOR. (D) AT THE TIME OF THE APPLICATION, A TITLE INSURANCE AGENT SHALL PROVIDE TO EVERY APPLICANT FOR INSURANCE OR THEIR DULY AUTHORIZED REPRE- SENTATIVE, A WRITTEN GOOD FAITH ESTIMATE OF THE PREMIUM ON THE POLICY OR POLICIES TO BE ISSUED AND A BREAKDOWN OF THE AMOUNT OF ALL FEES AND SERVICE COSTS, INCLUDING ALL FILING FEES, RECORDING CHARGES AND CLOSING COSTS, AND ANY OTHER ANCILLARY OR DISCRETIONARY CHARGES TO BE INCURRED, A. 8557--C 57 AND THE AMOUNT OF ANY COMMISSION OR OTHER COMPENSATION TO BE PAID TO SUCH AGENT BY THE TITLE INSURANCE CORPORATION. IF NO TITLE INSURANCE AGENT IS UTILIZED, THE TITLE INSURER SHALL PROVIDE THE DISCLOSURES. (E) FOR PURPOSES OF THIS CHAPTER, A TITLE INSURANCE CLOSER SHALL BE DEEMED TO BE THE APPOINTED REPRESENTATIVE OF THE TITLE INSURANCE CORPO- RATION OR TITLE INSURANCE AGENT THAT HAS ENGAGED SUCH TITLE INSURANCE CLOSER FOR THE CLOSING. (F) NOTHING IN THIS CHAPTER SHALL BE DEEMED TO OR BE CONSTRUED IN A MANNER TO AUTHORIZE OR PERMIT ANY ACTIVITY OR PRACTICE, WITH RESPECT TO THE BUSINESS OF TITLE INSURANCE, THAT IS PROHIBITED BY SECTION FOUR HUNDRED EIGHTY-FOUR OR FOUR HUNDRED NINETY-FIVE OF THE JUDICIARY LAW, OR OTHERWISE PROHIBITED BY LAW, INCLUDING THE UNAUTHORIZED PRACTICE OF LAW. (G) NO PERSON OR ENTITY WHO ACTS AS AN AGENT, REPRESENTATIVE, ATTOR- NEY, OR EMPLOYEE OF THE OWNER, LESSEE, OR MORTGAGEE, OR PROSPECTIVE OWNER, LESSEE, OR MORTGAGEE OF THE REAL PROPERTY OR ANY INTEREST THEREIN AND WHO ALSO IS A MEMBER, EMPLOYEE, OR DIRECTOR OF A TITLE INSURANCE AGENT, OWNS ANY INTEREST IN A TITLE INSURANCE AGENT, OR IS A SUBSIDIARY OR AFFILIATE OF ANY TITLE INSURANCE AGENT, SHALL REFER AN APPLICANT OR THEIR DULY AUTHORIZED REPRESENTATIVE FOR INSURANCE TO SUCH AGENT, AND NO SUCH TITLE INSURANCE AGENT SHALL ACCEPT ANY SUCH REFERRAL OF TITLE INSURANCE BUSINESS, UNLESS THE REFERRAL IS MADE IN ACCORDANCE WITH SECTION SIX THOUSAND FOUR HUNDRED NINE OF THIS CHAPTER AND SUCH PERSON OR ENTITY, AT THE TIME OF MAKING A REFERRAL, PROVIDES, AT A MINIMUM, THE FOLLOWING WRITTEN DISCLOSURE TO THE APPLICANT: (1) THE NATURE OF THE RELATIONSHIP BETWEEN THE PERSON OR ENTITY AND THE TITLE INSURANCE AGENT; (2) THAT THE PARTY BEING REFERRED IS NOT REQUIRED TO USE THE SERVICES OF THE TITLE INSURANCE AGENT OR THE TITLE INSURANCE CORPORATION TO WHICH THE PARTY IS BEING REFERRED; (3) THAT ANY MONEY OR OTHER THING OF VALUE DIRECTLY OR INDIRECTLY PAID BY THE TITLE INSURANCE AGENT OR TITLE INSURANCE CORPORATION TO THE PERSON OR ENTITY IS BASED ON THE PERSON OR ENTITY'S FINANCIAL INTEREST IN THE TITLE INSURANCE AGENT, AND IS NOT RELATED TO THE AMOUNT OF TITLE INSURANCE BUSINESS THE PERSON OR ENTITY REFERS TO THE TITLE INSURANCE AGENT; (4) THAT THE PERSON OR ENTITY IS NOT REQUIRED TO REFER A SPECIFIED AMOUNT OF TITLE INSURANCE BUSINESS TO THE TITLE INSURANCE AGENCY; AND (5) THE AMOUNT OR VALUE OF ANY COMPENSATION OR OTHER THING OF VALUE THAT THE PERSON OR ENTITY EXPECTS TO RECEIVE IN CONNECTION WITH THE SERVICES TO BE PROVIDED BY THE TITLE INSURANCE AGENT OR THE TITLE INSUR- ANCE CORPORATION TO WHICH THE PARTY IS BEING REFERRED. (H) SUBSECTION (G) OF THIS SECTION DOES NOT APPLY WHERE AN ATTORNEY REPRESENTS A CLIENT IN A REAL ESTATE TRANSACTION AND SUCH CLIENT ALSO RETAINS SUCH ATTORNEY AS THE TITLE INSURANCE AGENT. THE PURCHASE OF SUCH ADDITIONAL SERVICES DOES NOT CONSTITUTE A REFERRAL FOR PURPOSES OF SUBSECTION (G) OF THIS SECTION. (I) ANY DISCLOSURE PROVIDED TO THE DULY AUTHORIZED REPRESENTATIVE OF AN APPLICANT FOR INSURANCE PURSUANT TO THIS SECTION SHALL BE PROVIDED TO SUCH APPLICANT BY THE DULY AUTHORIZED REPRESENTATIVE PRIOR TO THE CLOS- ING. S 11. The section heading of section 2119 of the insurance law, as amended by chapter 499 of the laws of 2009, is amended and a new subsection (f) is added to read as follows: Insurance agents, brokers, consultants, [and] life settlement brokers, TITLE INSURANCE AGENTS AND TITLE INSURANCE CLOSERS; written contract for compensation; excess charges prohibited. A. 8557--C 58 (F) NO TITLE INSURANCE AGENT OR TITLE INSURANCE CLOSER MAY RECEIVE ANY COMPENSATION OR FEE, DIRECT OR INDIRECT, FOR OR ON ACCOUNT OF SERVICES PERFORMED IN CONNECTION WITH THE ISSUANCE OF A TITLE INSURANCE POLICY, UNLESS SUCH COMPENSATION IS: (1) FOR ANCILLARY SERVICES NOT ENCOMPASSED IN THE RATE OF PREMIUM APPROVED BY THE SUPERINTENDENT; AND (2) BASED UPON A WRITTEN MEMORANDUM SIGNED BY THE PARTY TO BE CHARGED, AND SPECI- FYING OR CLEARLY DEFINING THE AMOUNT OR EXTENT OF SUCH COMPENSATION TO BE CHARGED FOR EACH ANCILLARY SERVICE AS WELL AS THE TOTAL AMOUNT OF THE COMPENSATION TO BE CHARGED. THE DEPARTMENT SHALL PROMULGATE REGULATIONS THAT ENSURE THAT THE AMOUNT OF SUCH COMPENSATION SHALL BE REASONABLY RELATED TO THE ACTUAL COST OF THE ANCILLARY SERVICES. A COPY OF EVERY SUCH MEMORANDUM SHALL BE RETAINED BY THE LICENSEE FOR NOT LESS THAN THREE YEARS AFTER SUCH SERVICES HAVE BEEN FULLY PERFORMED. S 12. The section heading and subsections (a) and (c) of section 2120 of the insurance law are amended to read as follows: Fiduciary capacity of insurance agents, TITLE INSURANCE AGENTS, TITLE INSURANCE CLOSERS, insurance brokers and reinsurance intermediaries. (a) Every insurance agent, TITLE INSURANCE AGENT, TITLE INSURANCE CLOSER, and [every] insurance broker acting as such in this state shall be responsible in a fiduciary capacity for all funds received or collected as insurance agent or insurance broker, and shall not, without the express consent of his, HER or its principal, mingle any such funds with his, HER or its own funds or with funds held by him, HER or it in any other capacity. (c) This section shall not require any such INSURANCE agent, TITLE INSURANCE AGENT, TITLE INSURANCE CLOSER, INSURANCE broker or reinsurance intermediary to maintain a separate bank deposit for the funds of each such principal, if and as long as the funds so held for each such prin- cipal are reasonably ascertainable from the books of account and records of such agent, broker or reinsurance intermediary, as the case may be. S 13. The section heading and subsection (a) of section 2122 of the insurance law are amended to read as follows: Advertising by insurance [agents and brokers] PRODUCERS. (a) (1) No insurance [agent or insurance broker] PRODUCER shall make or issue in this state any advertisement, sign, pamphlet, circular, card or other public announcement purporting to make known the financial condition of any insurer, unless the same shall conform to the requirements of section one thousand three hundred thirteen of this chapter. (2) No insurance [agent, insurance broker] PRODUCER or other person, shall, by any advertisement or public announcement in this state, call attention to any unauthorized insurer or insurers. S 14. Subsections (a) and (b) of section 2128 of the insurance law, subsection (b) as further amended by section 104 of part A of chapter 62 of the laws of 2011, are amended to read as follows: (a) Notwithstanding the provisions of sections two thousand three hundred twenty-four and four thousand two hundred twenty-four of this chapter, no [insurance agent, insurance broker, insurance consultant, excess line broker, reinsurance intermediary or insurance adjuster] LICENSEE SUBJECT TO THIS ARTICLE shall receive any commissions or fees or shares thereof in connection with insurance coverages placed for or insurance services rendered to the state, its agencies and departments, public benefit corporations, municipalities and other governmental subdivisions in this state, unless such [insurance agent, insurance broker, insurance consultant, excess line broker, reinsurance interme- diary or insurance adjuster] LICENSEE actually placed insurance cover- ages on behalf of or rendered insurance services to the state, its agen- A. 8557--C 59 cies and departments, public benefit corporations, municipalities and other governmental subdivisions in this state. (b) The superintendent shall, by regulation, require [insurance agents, insurance brokers, insurance consultants, excess line brokers, reinsurance intermediaries and insurance adjusters] LICENSEES SUBJECT TO THIS ARTICLE to file disclosure statements with the department of finan- cial services and the most senior official of the governmental unit involved, with respect to any insurance coverages placed for or insur- ance services rendered to the state, its agencies and departments, public benefit corporations, municipalities and other governmental subdivisions in this state, EXCEPT THAT NEITHER A TITLE INSURANCE CORPO- RATION NOR A TITLE INSURANCE AGENT SHALL BE REQUIRED TO FILE A DISCLO- SURE STATEMENT IF AN INDUSTRIAL DEVELOPMENT AGENCY, STATE OF NEW YORK MORTGAGE AGENCY OR ITS SUCCESSOR, OR ANY SIMILAR TYPE OF ENTITY, IS THE NAMED INSURED UNDER THE POLICY AND IS A MORTGAGEE WITH RESPECT TO THE PROPERTY INSURED. S 15. Subsections (a) and (b) of section 2132 of the insurance law, as amended by chapter 499 of the laws of 2009, are amended to read as follows: (a) This section shall apply to resident and non-resident persons licensed pursuant to this article with respect to: (1) life insurance, annuity contracts, variable annuity contracts and variable life insurance; (2) sickness, accident and health insurance; (3) all lines of property and casualty insurance; [and] (4) life settlements[.]; AND (5) TITLE INSURANCE. (b) This section shall not apply to: (1) those persons holding licenses for which an examination is not required by the laws of this state; (2) any limited licensees or any other licensees as the superintendent may exempt subject to any continuing education requirements deemed appropriate by the superintendent; [or] (3) for purposes of the continuing education requirements for life settlements, an insurance producer with a life line of authority who is acting as a life settlement broker pursuant to section two thousand one hundred thirty-seven of this article; OR (4) FOR PURPOSES OF A TITLE INSURANCE AGENT LICENSE, AN ATTORNEY LICENSED TO PRACTICE LAW IN THIS STATE. S 16. The insurance law is amended by adding a new section 2139 to read as follows: S 2139. FINGERPRINTING. (A) EXCEPT AS PROVIDED IN SUBSECTION (B) OF THIS SECTION, THE SUPERINTENDENT MAY REQUEST AND BE AUTHORIZED TO RECEIVE CRIMINAL HISTORY INFORMATION, AS SUCH PHRASE IS DEFINED IN PARA- GRAPH (C) OF SUBDIVISION ONE OF SECTION EIGHT HUNDRED FORTY-FIVE-B OF THE EXECUTIVE LAW, FOR ANY INDIVIDUAL NAMED IN AN APPLICATION FOR A LICENSE UNDER SECTION TWO THOUSAND ONE HUNDRED FORTY, TWO THOUSAND ONE HUNDRED FORTY-ONE, OR TWO THOUSAND ONE HUNDRED FORTY-TWO OF THIS ARTI- CLE. (1) PRIOR TO REQUESTING TO OBTAIN CRIMINAL HISTORY INFORMATION CONCERNING ANY PROSPECTIVE LICENSEE, THE SUPERINTENDENT SHALL: (I) INFORM THE PROSPECTIVE LICENSEE IN WRITING THAT THE SUPERINTENDENT IS AUTHORIZED TO REQUEST HIS OR HER CRIMINAL HISTORY INFORMATION AND REVIEW SUCH INFORMATION PURSUANT TO THIS SECTION; AND A. 8557--C 60 (II) OBTAIN THE SIGNED INFORMED CONSENT OF THE PROSPECTIVE LICENSEE ON A FORM SUPPLIED BY THE DIVISION OF CRIMINAL JUSTICE SERVICES WHICH INDI- CATES THAT SUCH PERSON HAS: (A) BEEN INFORMED OF THE RIGHT AND PROCEDURES NECESSARY TO OBTAIN, REVIEW AND SEEK CORRECTION OF HIS OR HER CRIMINAL HISTORY INFORMATION; (B) BEEN INFORMED OF THE REASON FOR THE REQUEST FOR HIS OR HER CRIMI- NAL HISTORY INFORMATION; (C) CONSENTED TO SUCH REQUEST; AND (D) SUPPLIED ON THE FORM A CURRENT MAILING OR HOME ADDRESS. UPON RECEIVING SUCH WRITTEN CONSENT, THE SUPERINTENDENT MAY OBTAIN TWO SETS OF FINGERPRINTS OF SUCH PROSPECTIVE LICENSEE PURSUANT TO REGU- LATIONS ESTABLISHED BY THE DIVISION OF CRIMINAL JUSTICE SERVICES. (2) THE SUPERINTENDENT SHALL DESIGNATE ONE OR TWO PERSONS IN ITS EMPLOY WHO SHALL BE AUTHORIZED TO REQUEST, RECEIVE AND REVIEW CRIMINAL HISTORY INFORMATION, AND ONLY THE SUPERINTENDENT, SUCH DESIGNATED PERSONS AND THE PROSPECTIVE LICENSEE TO WHICH THE CRIMINAL HISTORY INFORMATION RELATES SHALL HAVE ACCESS TO SUCH INFORMATION; PROVIDED, HOWEVER, THAT CRIMINAL HISTORY INFORMATION MAY BE DISCLOSED TO OTHER PERSONNEL AUTHORIZED BY THE SUPERINTENDENT WHO ARE EMPOWERED TO MAKE DECISIONS CONCERNING PROSPECTIVE LICENSEES AND PROVIDED FURTHER THAT SUCH OTHER PERSONNEL SHALL ALSO BE SUBJECT TO THE CONFIDENTIALITY REQUIREMENTS AND ALL OTHER PROVISIONS OF THIS SECTION. THE OFFICE SHALL NOTIFY THE DIVISION OF CRIMINAL JUSTICE SERVICES OF EACH PERSON AUTHOR- IZED TO HAVE ACCESS TO CRIMINAL HISTORY INFORMATION PURSUANT TO THIS SECTION. (3) THE SUPERINTENDENT, WHEN REQUESTING CRIMINAL HISTORY INFORMATION PURSUANT TO THIS SECTION, SHALL ALSO COMPLETE A FORM DEVELOPED FOR SUCH PURPOSE BY THE DIVISION OF CRIMINAL JUSTICE SERVICES. SUCH FORM SHALL INCLUDE A SWORN STATEMENT OF THE PERSON DESIGNATED BY THE SUPERINTENDENT TO REQUEST, RECEIVE AND REVIEW CRIMINAL HISTORY INFORMATION PURSUANT TO PARAGRAPH TWO OF THIS SUBSECTION CERTIFYING THAT: (I) SUCH CRIMINAL HISTORY INFORMATION WILL BE USED BY THE SUPERINTEN- DENT SOLELY FOR PURPOSES AUTHORIZED BY THIS SECTION; (II) THE SUPERINTENDENT AND HIS OR HER STAFF ARE AWARE OF AND WILL ABIDE BY THE CONFIDENTIALITY REQUIREMENTS AND ALL OTHER PROVISIONS OF THIS SECTION; AND (III) THE PERSONS DESIGNATED BY THE SUPERINTENDENT TO RECEIVE CRIMINAL HISTORY INFORMATION PURSUANT TO PARAGRAPH TWO OF THIS SUBSECTION SHALL UPON RECEIPT IMMEDIATELY MARK SUCH CRIMINAL HISTORY INFORMATION "CONFI- DENTIAL," AND SHALL AT ALL TIMES MAINTAIN SUCH CRIMINAL HISTORY INFORMA- TION IN A SECURE PLACE. (4) UPON RECEIPT OF THE FINGERPRINTS AND SWORN STATEMENT REQUIRED BY PARAGRAPHS ONE AND THREE OF THIS SUBSECTION, THE SUPERINTENDENT SHALL PROMPTLY SUBMIT THE FINGERPRINTS TO THE DIVISION OF CRIMINAL JUSTICE SERVICES. THE DIVISION OF CRIMINAL JUSTICE SERVICES SHALL PROMPTLY FORWARD A SET OF THE APPLICANT'S FINGERPRINTS TO THE FEDERAL BUREAU OF INVESTIGATION FOR THE PURPOSE OF A NATIONWIDE CRIMINAL HISTORY RECORD CHECK TO DETERMINE WHETHER SUCH APPLICANT HAS BEEN CONVICTED OF A CRIMI- NAL OFFENSE IN ANY STATE OTHER THAN NEW YORK OR IN A FEDERAL JURISDIC- TION. (5) THE DIVISION OF CRIMINAL JUSTICE SERVICES SHALL PROMPTLY PROVIDE THE REQUESTED CRIMINAL HISTORY INFORMATION, IF ANY, TO THE SUPERINTEN- DENT. CRIMINAL HISTORY INFORMATION PROVIDED BY THE DIVISION OF CRIMINAL JUSTICE SERVICES PURSUANT TO THIS SECTION SHALL BE FURNISHED ONLY BY MAIL OR OTHER METHOD OF SECURE AND CONFIDENTIAL DELIVERY, ADDRESSED TO THE SUPERINTENDENT. SUCH INFORMATION AND THE ENVELOPE IN WHICH IT IS A. 8557--C 61 ENCLOSED, IF ANY, SHALL BE PROMINENTLY MARKED "CONFIDENTIAL," AND SHALL AT ALL TIMES BE MAINTAINED BY THE SUPERINTENDENT IN A SECURE PLACE. (6) UPON RECEIPT OF CRIMINAL HISTORY INFORMATION PURSUANT TO THIS SECTION AND BEFORE MAKING A DETERMINATION, THE SUPERINTENDENT SHALL PROVIDE THE PROSPECTIVE LICENSEE WITH A COPY OF SUCH CRIMINAL HISTORY INFORMATION AND A COPY OF ARTICLE TWENTY-THREE-A OF THE CORRECTION LAW AND INFORM SUCH PROSPECTIVE LICENSEE OF HIS OR HER RIGHT TO SEEK CORRECTION OF ANY INCORRECT INFORMATION CONTAINED IN SUCH CRIMINAL HISTORY INFORMATION PURSUANT TO THE REGULATIONS AND PROCEDURES ESTAB- LISHED BY THE DIVISION OF CRIMINAL JUSTICE SERVICES. (7) CRIMINAL HISTORY INFORMATION OBTAINED PURSUANT TO THIS SECTION SHALL BE CONSIDERED BY THE OFFICE IN ACCORDANCE WITH THE PROVISIONS OF ARTICLE TWENTY-THREE-A OF THE CORRECTION LAW AND SUBDIVISIONS FIFTEEN AND SIXTEEN OF SECTION TWO HUNDRED NINETY-SIX OF THE EXECUTIVE LAW. (8) A PROSPECTIVE LICENSEE MAY WITHDRAW FROM THE APPLICATION PROCESS, WITHOUT PREJUDICE, AT ANY TIME REGARDLESS OF WHETHER HE OR SHE, OR THE SUPERINTENDENT HAS REVIEWED HIS OR HER CRIMINAL HISTORY INFORMATION. WHERE A PROSPECTIVE LICENSEE WITHDRAWS FROM THE APPLICATION PROCESS, ANY FINGERPRINTS AND CRIMINAL HISTORY INFORMATION CONCERNING SUCH PROSPEC- TIVE LICENSEE RECEIVED BY THE SUPERINTENDENT SHALL, WITHIN NINETY DAYS, BE RETURNED TO SUCH PROSPECTIVE LICENSEE. (9) THE COMMISSIONER OF THE DIVISION OF CRIMINAL JUSTICE SERVICES SHALL PROMULGATE ALL RULES AND REGULATIONS NECESSARY TO IMPLEMENT THE PROVISIONS OF THIS SECTION, WHICH SHALL INCLUDE CONVENIENT PROCEDURES FOR A PROSPECTIVE LICENSEE TO PROMPTLY VERIFY THE ACCURACY OF THEIR CRIMINAL HISTORY INFORMATION AND, TO THE EXTENT AUTHORIZED BY LAW, TO HAVE ACCESS TO RELEVANT DOCUMENTS RELATED THERETO. (10) ANY PERSON WHO WILLFULLY PERMITS THE RELEASE OF ANY CONFIDENTIAL CRIMINAL HISTORY INFORMATION CONTAINED IN THE REPORT TO PERSONS NOT PERMITTED BY THIS SECTION TO RECEIVE SUCH INFORMATION SHALL BE GUILTY OF A MISDEMEANOR. (B) THE SUPERINTENDENT SHALL WAIVE THE FINGERPRINTING REQUIREMENT FOR A NONRESIDENT PRODUCER LICENSE APPLICANT AS PROVIDED IN SECTION TWO THOUSAND ONE HUNDRED THIRTY-SIX OF THIS ARTICLE. S 17. The insurance law is amended by adding a new section 2140 to read as follows: S 2140. TITLE INSURANCE AGENTS; LICENSING. (A) THE SUPERINTENDENT MAY ISSUE A LICENSE TO ANY PERSON, FIRM, ASSOCIATION OR CORPORATION THAT HAS COMPLIED WITH THE REQUIREMENTS OF THIS CHAPTER, AUTHORIZING THE LICENSEE TO ACT AS A TITLE INSURANCE AGENT OF ANY AUTHORIZED TITLE INSURANCE CORPORATION, PROVIDED THAT SUCH TITLE INSURANCE AGENT DEMONSTRATES FINANCIAL ACCOUNTABILITY AS EVIDENCED BY A BOND OR OTHER METHOD OF FINANCIAL ACCOUNTABILITY IN AN AMOUNT NOT LESS THAN FIFTY THOUSAND DOLLARS. (B) ANY SUCH LICENSE ISSUED TO A FIRM OR ASSOCIATION SHALL AUTHORIZE ONLY THE MEMBERS THEREOF, NAMED IN SUCH LICENSE AS SUB-LICENSEES, TO ACT INDIVIDUALLY AS TITLE INSURANCE AGENTS THEREUNDER, AND ANY SUCH LICENSE ISSUED TO A CORPORATION SHALL AUTHORIZE ONLY THE OFFICERS AND DIRECTORS THEREOF, NAMED IN SUCH LICENSE AS SUB-LICENSEES, TO ACT INDIVIDUALLY AS TITLE INSURANCE AGENTS THEREUNDER. EVERY SUB-LICENSEE ACTING AS TITLE INSURANCE AGENT PURSUANT TO SUCH A LICENSE SHALL BE AUTHORIZED SO TO ACT ONLY IN THE NAME OF THE LICENSEE. IN THE CASE OF A LICENSE ISSUED TO A TITLE INSURANCE AGENT, AT LEAST ONE DESIGNATED SUB-LICENSEE MUST HAVE A FINANCIAL OR OTHER BENEFICIAL INTEREST IN THE LICENSEE. A. 8557--C 62 (C) EVERY INDIVIDUAL APPLICANT FOR A LICENSE UNDER THIS SECTION AND EVERY PROPOSED LICENSEE SHALL BE EIGHTEEN YEARS OF AGE OR OLDER AT THE TIME OF THE ISSUANCE OF SUCH LICENSE. (D) BEFORE ANY ORIGINAL TITLE INSURANCE AGENT'S LICENSE IS ISSUED, THERE SHALL BE ON FILE IN THE OFFICE OF THE SUPERINTENDENT AN APPLICA- TION BY THE PROSPECTIVE LICENSEE IN SUCH FORM OR FORMS AND SUPPLEMENTS THERETO, ALONG WITH A FEE IN THE AMOUNT OF FORTY DOLLARS FOR EACH YEAR OR FRACTION OF A YEAR IN WHICH THE LICENSE SHALL BE VALID, AND CONTAIN- ING INFORMATION THE SUPERINTENDENT PRESCRIBES. (E) THE SUPERINTENDENT SHALL, IN ORDER TO DETERMINE THE COMPETENCY OF EVERY INDIVIDUAL APPLICANT AND OF EVERY PROPOSED SUB-LICENSEE FOR THE TITLE INSURANCE AGENT LICENSE, REQUIRE SUCH INDIVIDUAL TO SUBMIT TO A PERSONAL WRITTEN EXAMINATION AND TO PASS THE SAME TO THE SATISFACTION OF THE SUPERINTENDENT. THE EXAMINATION SHALL BE HELD AT SUCH TIMES AND PLACES AS THE SUPERINTENDENT SHALL FROM TIME TO TIME DETERMINE. EVERY INDIVIDUAL APPLYING TO TAKE ANY WRITTEN EXAMINATION SHALL, AT THE TIME OF APPLYING THEREFOR, PAY TO THE SUPERINTENDENT OR, AT THE DISCRETION OF THE SUPERINTENDENT, DIRECTLY TO ANY ORGANIZATION THAT IS UNDER CONTRACT TO PROVIDE EXAMINATION SERVICES, AN EXAMINATION FEE OF AN AMOUNT THAT IS THE ACTUAL DOCUMENTED ADMINISTRATIVE COST OF CONDUCTING SAID QUALIFYING EXAMINATION AS CERTIFIED BY THE SUPERINTENDENT FROM TIME TO TIME. AN EXAMINATION FEE REPRESENTS AN ADMINISTRATIVE EXPENSE AND SHALL NOT BE REFUNDABLE. THE SUPERINTENDENT MAY ACCEPT, IN LIEU OF ANY SUCH EXAMINA- TION, THE RESULT OF ANY PREVIOUS WRITTEN EXAMINATION, GIVEN BY THE SUPERINTENDENT, WHICH IN THE SUPERINTENDENT'S JUDGMENT, IS EQUIVALENT TO THE EXAMINATION FOR WHICH IT IS SUBSTITUTED. (F) EVERY INDIVIDUAL SEEKING TO QUALIFY TO OBTAIN A LICENSE UNDER SUBSECTION (B) OF THIS SECTION SHALL BE REQUIRED TO PASS THE TYPE OR TYPES OF EXAMINATION PRESCRIBED BY THE SUPERINTENDENT. AN INDIVIDUAL SHALL NOT BE DEEMED QUALIFIED TO TAKE THE EXAMINATION UNLESS THE INDI- VIDUAL HAS SUCCESSFULLY COMPLETED A COURSE OR COURSES, APPROVED AS TO METHOD AND CONTENT BY THE SUPERINTENDENT, COVERING THE TITLE INSURANCE BUSINESS AND REQUIRING NOT LESS THAN TWENTY HOURS OF CLASSROOM WORK, IN INSTITUTIONS OF LEARNING MEETING THE STANDARDS PRESCRIBED BY SUBPARA- GRAPH (A) OF PARAGRAPH ONE OF SUBSECTION (C) OF SECTION TWO THOUSAND ONE HUNDRED FOUR OF THIS ARTICLE. (G) NO SUCH WRITTEN EXAMINATION OR PRE-LICENSING EDUCATION SHALL BE REQUIRED OF ANY: (1) APPLICANT WHO FILES AN APPLICATION UNDER THIS SECTION WITHIN ONE YEAR AFTER THE EFFECTIVE DATE OF THIS SUBSECTION AND WHO DEMONSTRATES TO THE SATISFACTION OF THE SUPERINTENDENT THAT SUCH APPLICANT OR ITS PROSPECTIVE SUB-LICENSEE HAS, WITHOUT INTERRUPTION, REGULARLY AND CONTINUOUSLY PERFORMED THE FUNCTIONS OF A TITLE INSURANCE AGENT FOR A PERIOD OF AT LEAST FIVE YEARS IMMEDIATELY PRECEDING THE FILING OF SUCH APPLICATION AND IS COMPETENT AND TRUSTWORTHY TO ACT AS A TITLE INSURANCE AGENT; (2) APPLICANT WHO HAS PASSED THE WRITTEN EXAMINATION GIVEN BY THE SUPERINTENDENT FOR A TITLE INSURANCE AGENT'S LICENSE AND WAS LICENSED AS SUCH, OR OF AN APPLICANT WHO WAS LICENSED AS A TITLE INSURANCE AGENT BUT DID NOT PASS SUCH AN EXAMINATION, PROVIDED THE APPLICANT APPLIES WITHIN TWO YEARS FOLLOWING THE DATE OF TERMINATION OF THE APPLICANT'S LICENSE; OR (3) APPLICANT SEEKING TO OBTAIN A LICENSE AS A TITLE INSURANCE AGENT, WHEN SUCH APPLICANT IS A LICENSED ATTORNEY-AT-LAW IN THIS STATE. A. 8557--C 63 (H) THE SUPERINTENDENT MAY REFUSE TO ISSUE TO AN APPLICANT A TITLE INSURANCE AGENT'S LICENSE IF, IN THE SUPERINTENDENT'S JUDGMENT, THE PROPOSED LICENSEE OR ANY SUB-LICENSEE: (1) IS NOT TRUSTWORTHY AND COMPETENT TO ACT AS SUCH AGENT; (2) HAS GIVEN CAUSE FOR THE REVOCATION OR SUSPENSION OF SUCH A LICENSE; OR (3) HAS FAILED TO COMPLY WITH ANY PREREQUISITE FOR THE ISSUANCE OF SUCH LICENSE. (I) (1) EVERY LICENSE ISSUED TO A BUSINESS ENTITY PURSUANT TO SUBSECTION (A) OF THIS SECTION SHALL EXPIRE ON JUNE THIRTIETH OF ODD-NUMBERED YEARS. (2) EVERY LICENSE ISSUED TO AN INDIVIDUAL BORN IN AN ODD-NUMBERED YEAR SHALL EXPIRE ON THE INDIVIDUAL'S BIRTHDAY IN EACH ODD-NUMBERED YEAR. LICENSES ISSUED TO INDIVIDUALS BORN IN EVEN-NUMBERED YEARS SHALL EXPIRE ON THE INDIVIDUAL'S BIRTHDAY IN EACH EVEN-NUMBERED YEAR. (3) EVERY LICENSE MAY BE RENEWED FOR THE ENSUING PERIOD OF TWENTY-FOUR MONTHS UPON THE FILING OF AN APPLICATION IN CONFORMITY WITH THIS SUBSECTION. (4) THE LICENSE MAY BE ISSUED FOR ALL OF SUCH TWO YEAR TERMS, OR UPON APPLICATION MADE DURING ANY SUCH TERM, FOR THE BALANCE THEREOF. (5) ANY LICENSE SHALL BE CONSIDERED IN GOOD STANDING WITHIN THE LICENSE TERM UNLESS: (A) REVOKED OR SUSPENDED BY THE SUPERINTENDENT PURSUANT TO THIS ARTI- CLE; OR (B) IF AT THE EXPIRATION DATE OF THE LICENSE TERM, THE LICENSEE FAILS TO FILE A RENEWAL APPLICATION, PROVIDED THE LICENSE WAS IN GOOD STANDING DURING THE TERM. (6) BEFORE THE RENEWAL OF ANY TITLE INSURANCE AGENT'S LICENSE SHALL BE ISSUED, THE LICENSEE SHALL HAVE: (A) FILED A COMPLETED RENEWAL APPLICATION IN SUCH FORM OR FORMS, AND SUPPLEMENTS THERETO, AND CONTAINING SUCH INFORMATION AS THE SUPERINTEN- DENT MAY PRESCRIBE; AND (B) PAID SUCH FEES AS ARE PRESCRIBED IN THIS SECTION. (7) IF AN APPLICATION FOR A RENEWAL LICENSE SHALL HAVE BEEN FILED WITH THE SUPERINTENDENT BEFORE THE EXPIRATION OF SUCH LICENSE, THEN THE LICENSE SOUGHT TO BE RENEWED SHALL CONTINUE IN FULL FORCE AND EFFECT EITHER UNTIL THE ISSUANCE BY THE SUPERINTENDENT OF THE RENEWAL LICENSE APPLIED FOR OR UNTIL FIVE DAYS AFTER THE SUPERINTENDENT SHALL HAVE REFUSED TO ISSUE SUCH RENEWAL LICENSE AND SHALL HAVE GIVEN NOTICE OF SUCH REFUSAL TO THE APPLICANT AND TO EACH PROPOSED SUB-LICENSEE. BEFORE REFUSING TO RENEW ANY SUCH LICENSE, EXCEPT ON THE GROUND OF FAILURE TO PASS A WRITTEN EXAMINATION, THE SUPERINTENDENT SHALL NOTIFY THE APPLI- CANT OF THE SUPERINTENDENT'S INTENTION TO DO SO AND SHALL GIVE THE APPLICANT A HEARING. (8) THE SUPERINTENDENT MAY, IN ISSUING A RENEWAL LICENSE, DISPENSE WITH THE REQUIREMENTS OF A VERIFIED APPLICATION BY ANY INDIVIDUAL LICEN- SEE OR SUB-LICENSEE WHO, BY REASON OF BEING ENGAGED IN ANY MILITARY SERVICE FOR THE UNITED STATES, IS UNABLE TO MAKE PERSONAL APPLICATION FOR SUCH RENEWAL LICENSE, UPON THE FILING OF AN APPLICATION ON BEHALF OF SUCH INDIVIDUAL, IN SUCH FORM AS THE SUPERINTENDENT SHALL PRESCRIBE, BY SOME PERSON OR PERSONS WHO IN HIS OR HER JUDGMENT HAVE KNOWLEDGE OF THE FACTS AND WHO MAKE AFFIDAVIT SHOWING SUCH MILITARY SERVICE AND THE INABILITY OF SUCH TITLE INSURANCE AGENT TO MAKE PERSONAL APPLICATION. (9) AN INDIVIDUAL LICENSEE OR SUB-LICENSEE WHO IS UNABLE TO COMPLY WITH LICENSE RENEWAL PROCEDURES DUE TO OTHER EXTENUATING CIRCUMSTANCES, SUCH AS A LONG-TERM MEDICAL DISABILITY, MAY REQUEST A WAIVER OF SUCH A. 8557--C 64 PROCEDURES, IN SUCH FORM AS THE SUPERINTENDENT SHALL PRESCRIBE. THE LICENSEE OR SUB-LICENSEE MAY ALSO REQUEST A WAIVER OF ANY EXAMINATION REQUIREMENT OR ANY OTHER FINE OR SANCTION IMPOSED FOR FAILURE TO COMPLY WITH RENEWAL PROCEDURES. (10) AN APPLICATION FOR THE RENEWAL OF A LICENSE SHALL BE FILED WITH THE SUPERINTENDENT NOT LESS THAN SIXTY DAYS PRIOR TO THE DATE THE LICENSE EXPIRES OR THE APPLICANT SHALL BE SUBJECT TO A FURTHER FEE OF TEN DOLLARS FOR LATE FILING. (11) NO LICENSE FEE SHALL BE REQUIRED OF ANY PERSON WHO SERVED AS A MEMBER OF THE ARMED FORCES OF THE UNITED STATES AT ANY TIME, AND WHO SHALL HAVE BEEN DISCHARGED THEREFROM UNDER CONDITIONS OTHER THAN DISHONORABLE, IN A CURRENT LICENSING PERIOD FOR THE DURATION OF SUCH PERIOD. (12) EXCEPT WHERE A CORPORATION, ASSOCIATION OR FIRM LICENSED AS A TITLE INSURANCE AGENT IS APPLYING TO ADD A SUB-LICENSEE OR THE DATE OF THE EXPIRATION OF THE LICENSE IS CHANGED, THERE SHALL BE NO FEE REQUIRED FOR THE ISSUANCE OF AN AMENDED LICENSE. (13) THE SUPERINTENDENT MAY ISSUE A REPLACEMENT LICENSE FOR A CURRENT- LY IN-FORCE LICENSE THAT HAS BEEN LOST OR DESTROYED. BEFORE SUCH REPLACEMENT LICENSE SHALL BE ISSUED, THERE SHALL BE ON FILE IN THE OFFICE OF THE SUPERINTENDENT A WRITTEN APPLICATION FOR SUCH REPLACEMENT LICENSE, AFFIRMING UNDER PENALTY OF PERJURY THAT THE ORIGINAL LICENSE HAS BEEN LOST OR DESTROYED, TOGETHER WITH A FEE OF FIFTEEN DOLLARS. (J) THE SUPERINTENDENT MAY REFUSE TO ISSUE A LICENSE OR RENEWAL LICENSE, AS THE CASE MAY BE, TO ANY APPLICANT IF THE SUPERINTENDENT FINDS THAT SUCH APPLICANT HAS BEEN OR WILL BE RECEIVING ANY BENEFIT OR ADVANTAGE IN VIOLATION OF SECTION SIX THOUSAND FOUR HUNDRED NINE OF THIS CHAPTER, OR IF THE SUPERINTENDENT FINDS THAT MORE THAN TEN PERCENT OF THE AGGREGATE NET COMMISSIONS OR OTHER COMPENSATION RECEIVED DURING THE TERM OF THE EXISTING LICENSE, IF ANY, OR TO BE RECEIVED DURING THE TERM OF THE LICENSE APPLIED FOR, BY THE APPLICANT, RESULTED OR WILL RESULT FROM INSURANCE ON THE PROPERTY AND RISKS SET FORTH IN SUBPARAGRAPHS (A), (B) AND (C) OF PARAGRAPH ONE OF SUBSECTION (I) OF SECTION TWO THOUSAND ONE HUNDRED THREE OF THIS ARTICLE, EXCEPT THAT IN DETERMINING THE TEN PERCENT, THE AGGREGATE NET COMMISSIONS OR OTHER COMPENSATION SHALL NOT INCLUDE COMMISSIONS OR OTHER COMPENSATION FROM MORTGAGE REFINANCING TRANSACTIONS INVOLVING REAL PROPERTY USED PREDOMINANTLY FOR RESIDENTIAL PURPOSES AND WHICH CONSISTS OF NOT MORE THAN FOUR DWELLING UNITS, OTHER THAN HOTELS AND MOTELS. EVERY LICENSEE SUBJECT TO THIS CHAPTER SHALL CERTIFY AT THE TIME OF LICENSING OR UPON RENEWAL TO THE SUPERINTENDENT THAT SUCH LICENSEE IS IN COMPLIANCE WITH THIS SUBSECTION. S 18. The insurance law is amended by adding a new section 2141 to read as follows: S 2141. TITLE INSURANCE CLOSERS; LICENSING. (A) THE SUPERINTENDENT MAY ISSUE A LICENSE TO ANY INDIVIDUAL WHO HAS COMPLIED WITH THE REQUIREMENTS OF THIS CHAPTER, AUTHORIZING THE LICENSEE TO ACT AS A TITLE INSURANCE CLOSER FOR ANY AUTHORIZED TITLE INSURANCE CORPORATION OR TITLE INSURANCE AGENT. (B) EVERY INDIVIDUAL APPLICANT FOR A LICENSE UNDER THIS SECTION SHALL BE EIGHTEEN YEARS OF AGE OR OLDER AT THE TIME OF THE ISSUANCE OF SUCH LICENSE. (C) BEFORE ANY ORIGINAL TITLE INSURANCE CLOSER'S LICENSE IS ISSUED, THERE SHALL BE ON FILE IN THE OFFICE OF THE SUPERINTENDENT AN APPLICA- TION BY THE PROSPECTIVE LICENSEE IN SUCH FORM OR FORMS AND SUPPLEMENTS THERETO, ALONG WITH A FEE IN THE AMOUNT OF FORTY DOLLARS FOR EACH YEAR A. 8557--C 65 OR FRACTION OF A YEAR IN WHICH THE LICENSE SHALL BE VALID, AND CONTAIN- ING INFORMATION THE SUPERINTENDENT PRESCRIBES. (D) THE SUPERINTENDENT SHALL, IN ORDER TO DETERMINE THE COMPETENCY OF EVERY INDIVIDUAL APPLICANT FOR THE TITLE INSURANCE CLOSER LICENSE, REQUIRE SUCH INDIVIDUAL TO SUBMIT TO A PERSONAL WRITTEN EXAMINATION AND TO PASS THE SAME TO THE SATISFACTION OF THE SUPERINTENDENT. THE EXAMINA- TION SHALL BE HELD AT SUCH TIMES AND PLACES AS THE SUPERINTENDENT SHALL FROM TIME TO TIME DETERMINE. EVERY INDIVIDUAL APPLYING TO TAKE ANY WRIT- TEN EXAMINATION SHALL, AT THE TIME OF APPLYING THEREFOR, PAY TO THE SUPERINTENDENT OR, AT THE DISCRETION OF THE SUPERINTENDENT, DIRECTLY TO ANY ORGANIZATION THAT IS UNDER CONTRACT TO PROVIDE EXAMINATION SERVICES, AN EXAMINATION FEE OF AN AMOUNT THAT IS THE ACTUAL DOCUMENTED ADMINIS- TRATIVE COST OF CONDUCTING SAID QUALIFYING EXAMINATION AS CERTIFIED BY THE SUPERINTENDENT FROM TIME TO TIME. AN EXAMINATION FEE REPRESENTS AN ADMINISTRATIVE EXPENSE AND SHALL NOT BE REFUNDABLE. THE SUPERINTENDENT MAY ACCEPT, IN LIEU OF ANY SUCH EXAMINATION, THE RESULT OF ANY PREVIOUS WRITTEN EXAMINATION, GIVEN BY THE SUPERINTENDENT, WHICH IN THE SUPER- INTENDENT'S JUDGMENT, IS EQUIVALENT TO THE EXAMINATION FOR WHICH IT IS SUBSTITUTED. (E) EVERY INDIVIDUAL SEEKING TO QUALIFY TO OBTAIN A LICENSE UNDER SUBSECTION (B) OF THIS SECTION SHALL BE REQUIRED TO PASS THE TYPE OR TYPES OF EXAMINATION PRESCRIBED BY THE SUPERINTENDENT. AN INDIVIDUAL SHALL NOT BE DEEMED QUALIFIED TO TAKE THE EXAMINATION UNLESS THE INDI- VIDUAL HAS SUCCESSFULLY COMPLETED A COURSE OR COURSES, APPROVED AS TO METHOD AND CONTENT BY THE SUPERINTENDENT, COVERING THE TITLE INSURANCE BUSINESS AND REQUIRING NOT LESS THAN TWENTY HOURS OF CLASSROOM WORK, IN INSTITUTIONS OF LEARNING MEETING THE STANDARDS PRESCRIBED BY SUBPARA- GRAPH (A) OF PARAGRAPH ONE OF SUBSECTION (C) OF SECTION TWO THOUSAND ONE HUNDRED FOUR OF THIS ARTICLE. (F) NO SUCH WRITTEN EXAMINATION OR PRE-LICENSING EDUCATION SHALL BE REQUIRED OF ANY: (1) INDIVIDUAL WHO FILES AN APPLICATION UNDER THIS SECTION WITHIN ONE YEAR AFTER THE EFFECTIVE DATE OF THIS SUBSECTION AND WHO DEMONSTRATES TO THE SATISFACTION OF THE SUPERINTENDENT THAT SUCH APPLICANT HAS, WITHOUT INTERRUPTION, REGULARLY AND CONTINUOUSLY PERFORMED THE FUNCTIONS OF A TITLE INSURANCE CLOSER FOR A PERIOD OF AT LEAST FIVE YEARS IMMEDIATELY PRECEDING THE FILING OF SUCH APPLICATION AND IS COMPETENT AND TRUSTWOR- THY TO ACT AS A TITLE INSURANCE CLOSER; (2) APPLICANT WHO HAS PASSED THE WRITTEN EXAMINATION GIVEN BY THE SUPERINTENDENT FOR A TITLE INSURANCE CLOSER'S LICENSE AND WAS LICENSED AS SUCH, OR OF AN APPLICANT WHO WAS LICENSED AS A TITLE INSURANCE CLOSER BUT DID NOT PASS SUCH AN EXAMINATION, PROVIDED THE APPLICANT APPLIES WITHIN TWO YEARS FOLLOWING THE DATE OF TERMINATION OF THE APPLICANT'S LICENSE; OR (3) APPLICANT SEEKING TO OBTAIN A LICENSE AS A TITLE INSURANCE CLOSER, WHEN SUCH APPLICANT IS A LICENSED ATTORNEY-AT-LAW IN THIS STATE. (G) THE SUPERINTENDENT MAY REFUSE TO ISSUE TO AN APPLICANT A TITLE INSURANCE CLOSER'S LICENSE IF, IN THE SUPERINTENDENT'S JUDGMENT, THE PROPOSED LICENSEE: (1) IS NOT TRUSTWORTHY AND COMPETENT TO ACT AS SUCH CLOSER; (2) HAS GIVEN CAUSE FOR THE REVOCATION OR SUSPENSION OF SUCH A LICENSE; OR (3) HAS FAILED TO COMPLY WITH ANY PREREQUISITE FOR THE ISSUANCE OF SUCH LICENSE. (H) (1) EVERY LICENSE ISSUED TO AN INDIVIDUAL BORN IN AN ODD-NUMBERED YEAR SHALL EXPIRE ON THE INDIVIDUAL'S BIRTHDAY IN EACH ODD-NUMBERED A. 8557--C 66 YEAR. LICENSES ISSUED TO INDIVIDUALS BORN IN EVEN-NUMBERED YEARS SHALL EXPIRE ON THE INDIVIDUAL'S BIRTHDAY IN EACH EVEN-NUMBERED YEAR. EVERY SUCH LICENSE MAY BE RENEWED FOR THE ENSUING PERIOD OF TWENTY-FOUR MONTHS UPON THE FILING OF AN APPLICATION IN CONFORMITY WITH THIS SUBSECTION. (2) THE LICENSE MAY BE ISSUED FOR ALL OF SUCH TWO YEAR TERMS, OR UPON APPLICATION MADE DURING ANY SUCH TERM, FOR THE BALANCE THEREOF. (3) ANY LICENSE SHALL BE CONSIDERED IN GOOD STANDING WITHIN THE LICENSE TERM UNLESS: (A) REVOKED OR SUSPENDED BY THE SUPERINTENDENT PURSUANT TO THIS ARTI- CLE; OR (B) IF AT THE EXPIRATION DATE OF THE LICENSE TERM, THE LICENSEE FAILS TO FILE A RENEWAL APPLICATION, PROVIDED THE LICENSE WAS IN GOOD STANDING DURING THE TERM. (4) BEFORE THE RENEWAL OF ANY TITLE INSURANCE CLOSER'S LICENSE SHALL BE ISSUED, THE LICENSEE SHALL HAVE: (A) FILED A COMPLETED RENEWAL APPLICATION IN SUCH FORM OR FORMS, AND SUPPLEMENTS THERETO, AND CONTAINING SUCH INFORMATION AS THE SUPERINTEN- DENT MAY PRESCRIBE; AND (B) PAID SUCH FEES AS ARE PRESCRIBED IN THIS SECTION. (5) IF AN APPLICATION FOR A RENEWAL LICENSE SHALL HAVE BEEN FILED WITH THE SUPERINTENDENT BEFORE THE EXPIRATION OF SUCH LICENSE, THEN THE LICENSE SOUGHT TO BE RENEWED SHALL CONTINUE IN FULL FORCE AND EFFECT EITHER UNTIL THE ISSUANCE BY THE SUPERINTENDENT OF THE RENEWAL LICENSE APPLIED FOR OR UNTIL FIVE DAYS AFTER THE SUPERINTENDENT SHALL HAVE REFUSED TO ISSUE SUCH RENEWAL LICENSE AND SHALL HAVE GIVEN NOTICE OF SUCH REFUSAL TO THE APPLICANT. BEFORE REFUSING TO RENEW ANY SUCH LICENSE, EXCEPT ON THE GROUND OF FAILURE TO PASS A WRITTEN EXAMINATION, THE SUPERINTENDENT SHALL NOTIFY THE APPLICANT OF THE SUPERINTENDENT'S INTENTION TO DO SO AND SHALL GIVE THE APPLICANT A HEARING. (6) THE SUPERINTENDENT MAY, IN ISSUING A RENEWAL LICENSE, DISPENSE WITH THE REQUIREMENTS OF A VERIFIED APPLICATION BY ANY INDIVIDUAL LICEN- SEE WHO, BY REASON OF BEING ENGAGED IN ANY MILITARY SERVICE FOR THE UNITED STATES, IS UNABLE TO MAKE PERSONAL APPLICATION FOR SUCH RENEWAL LICENSE, UPON THE FILING OF AN APPLICATION ON BEHALF OF SUCH INDIVIDUAL, IN SUCH FORM AS THE SUPERINTENDENT SHALL PRESCRIBE, BY SOME PERSON OR PERSONS WHO IN HIS OR HER JUDGMENT HAVE KNOWLEDGE OF THE FACTS AND WHO MAKE AFFIDAVIT SHOWING SUCH MILITARY SERVICE AND THE INABILITY OF SUCH TITLE INSURANCE CLOSER TO MAKE PERSONAL APPLICATION. (7) AN INDIVIDUAL LICENSEE WHO IS UNABLE TO COMPLY WITH LICENSE RENEWAL PROCEDURES DUE TO OTHER EXTENUATING CIRCUMSTANCES, SUCH AS A LONG-TERM MEDICAL DISABILITY, MAY REQUEST A WAIVER OF SUCH PROCEDURES, IN SUCH FORM AS THE SUPERINTENDENT SHALL PRESCRIBE. THE LICENSEE MAY ALSO REQUEST A WAIVER OF ANY EXAMINATION REQUIREMENT OR ANY OTHER FINE OR SANCTION IMPOSED FOR FAILURE TO COMPLY WITH RENEWAL PROCEDURES. (8) AN APPLICATION FOR THE RENEWAL OF A LICENSE SHALL BE FILED WITH THE SUPERINTENDENT NOT LESS THAN SIXTY DAYS PRIOR TO THE DATE THE LICENSE EXPIRES OR THE APPLICANT SHALL BE SUBJECT TO A FURTHER FEE OF TEN DOLLARS FOR LATE FILING. (9) NO LICENSE FEE SHALL BE REQUIRED OF ANY PERSON WHO SERVED AS A MEMBER OF THE ARMED FORCES OF THE UNITED STATES AT ANY TIME, AND WHO SHALL HAVE BEEN DISCHARGED THEREFROM UNDER CONDITIONS OTHER THAN DISHONORABLE, IN A CURRENT LICENSING PERIOD FOR THE DURATION OF SUCH PERIOD. (10) THE SUPERINTENDENT MAY ISSUE A REPLACEMENT LICENSE FOR A CURRENT- LY IN-FORCE LICENSE THAT HAS BEEN LOST OR DESTROYED. BEFORE SUCH REPLACEMENT LICENSE SHALL BE ISSUED, THERE SHALL BE ON FILE IN THE A. 8557--C 67 OFFICE OF THE SUPERINTENDENT A WRITTEN APPLICATION FOR SUCH REPLACEMENT LICENSE, AFFIRMING UNDER PENALTY OF PERJURY THAT THE ORIGINAL LICENSE HAS BEEN LOST OR DESTROYED, TOGETHER WITH A FEE OF FIFTEEN DOLLARS. S 19. The insurance law is amended by adding a new section 2142 to read as follows: S 2142. TITLE INSURANCE SOLICITORS; LICENSING. (A) THE SUPERINTENDENT MAY ISSUE A LICENSE TO ANY INDIVIDUAL THAT HAS COMPLIED WITH THE REQUIREMENTS OF THIS CHAPTER, AUTHORIZING THE LICENSEE TO ACT AS A TITLE INSURANCE SOLICITOR FOR ANY AUTHORIZED TITLE INSURANCE CORPORATION OR TITLE INSURANCE AGENT. (B) EVERY APPLICANT FOR A LICENSE UNDER THIS SECTION SHALL BE EIGHTEEN YEARS OF AGE OR OLDER AT THE TIME OF THE ISSUANCE OF SUCH LICENSE. (C) BEFORE ANY ORIGINAL TITLE INSURANCE SOLICITOR'S LICENSE IS ISSUED, THERE SHALL BE ON FILE IN THE OFFICE OF THE SUPERINTENDENT AN APPLICA- TION BY THE PROSPECTIVE LICENSEE IN SUCH FORM OR FORMS AND SUPPLEMENTS THERETO, ALONG WITH A FEE IN THE AMOUNT OF FORTY DOLLARS FOR EACH YEAR OR FRACTION OF A YEAR IN WHICH THE LICENSE SHALL BE VALID, AND CONTAIN- ING INFORMATION THE SUPERINTENDENT PRESCRIBES. (D) THE SUPERINTENDENT SHALL, IN ORDER TO DETERMINE THE COMPETENCY OF EVERY APPLICANT FOR THE TITLE INSURANCE SOLICITOR LICENSE, REQUIRE SUCH INDIVIDUAL TO SUBMIT TO A PERSONAL WRITTEN EXAMINATION AND TO PASS THE SAME TO THE SATISFACTION OF THE SUPERINTENDENT. THE EXAMINATION SHALL BE HELD AT SUCH TIMES AND PLACES AS THE SUPERINTENDENT SHALL FROM TIME TO TIME DETERMINE. EVERY INDIVIDUAL APPLYING TO TAKE ANY WRITTEN EXAMINA- TION SHALL, AT THE TIME OF APPLYING THEREFOR, PAY TO THE SUPERINTENDENT OR, AT THE DISCRETION OF THE SUPERINTENDENT, DIRECTLY TO ANY ORGANIZA- TION THAT IS UNDER CONTRACT TO PROVIDE EXAMINATION SERVICES, AN EXAMINA- TION FEE OF AN AMOUNT THAT IS THE ACTUAL DOCUMENTED ADMINISTRATIVE COST OF CONDUCTING SAID QUALIFYING EXAMINATION AS CERTIFIED BY THE SUPER- INTENDENT FROM TIME TO TIME. AN EXAMINATION FEE REPRESENTS AN ADMINIS- TRATIVE EXPENSE AND SHALL NOT BE REFUNDABLE. THE SUPERINTENDENT MAY ACCEPT, IN LIEU OF ANY SUCH EXAMINATION, THE RESULT OF ANY PREVIOUS WRITTEN EXAMINATION, GIVEN BY THE SUPERINTENDENT, WHICH IN THE SUPER- INTENDENT'S JUDGMENT, IS EQUIVALENT TO THE EXAMINATION FOR WHICH IT IS SUBSTITUTED. (E) EVERY INDIVIDUAL SEEKING TO QUALIFY TO OBTAIN A LICENSE UNDER SUBSECTION (B) OF THIS SECTION SHALL BE REQUIRED TO PASS THE TYPE OR TYPES OF EXAMINATION PRESCRIBED BY THE SUPERINTENDENT. AN INDIVIDUAL SHALL NOT BE DEEMED QUALIFIED TO TAKE THE EXAMINATION UNLESS THE INDI- VIDUAL HAS SUCCESSFULLY COMPLETED A COURSE OR COURSES, APPROVED AS TO METHOD AND CONTENT BY THE SUPERINTENDENT, COVERING THE TITLE INSURANCE BUSINESS AND REQUIRING NOT LESS THAN TWENTY HOURS OF CLASSROOM WORK, IN INSTITUTIONS OF LEARNING MEETING THE STANDARDS PRESCRIBED BY SUBPARA- GRAPH (A) OF PARAGRAPH ONE OF SUBSECTION (C) OF SECTION TWO THOUSAND ONE HUNDRED FOUR OF THIS ARTICLE. (F) NO SUCH WRITTEN EXAMINATION OR PRE-LICENSING EDUCATION SHALL BE REQUIRED OF ANY: (1) INDIVIDUAL WHO FILES AN APPLICATION UNDER THIS SECTION WITHIN ONE YEAR AFTER THE EFFECTIVE DATE OF THIS SUBSECTION AND WHO DEMONSTRATES TO THE SATISFACTION OF THE SUPERINTENDENT THAT SUCH APPLICANT HAS, WITHOUT INTERRUPTION, REGULARLY AND CONTINUOUSLY PERFORMED THE FUNCTIONS OF A TITLE INSURANCE SOLICITOR FOR A PERIOD OF AT LEAST FIVE YEARS IMMEDIATE- LY PRECEDING THE FILING OF SUCH APPLICATION AND IS COMPETENT AND TRUST- WORTHY TO ACT AS A TITLE INSURANCE SOLICITOR; (2) APPLICANT WHO HAS PASSED THE WRITTEN EXAMINATION GIVEN BY THE SUPERINTENDENT FOR A TITLE INSURANCE SOLICITOR'S LICENSE AND WAS A. 8557--C 68 LICENSED AS SUCH, OR OF AN APPLICANT WHO WAS LICENSED AS A TITLE INSUR- ANCE SOLICITOR BUT DID NOT PASS SUCH AN EXAMINATION, PROVIDED THE APPLI- CANT APPLIES WITHIN TWO YEARS FOLLOWING THE DATE OF TERMINATION OF THE APPLICANT'S LICENSE; OR (3) APPLICANT SEEKING TO OBTAIN A LICENSE AS A TITLE INSURANCE SOLICI- TOR, WHEN SUCH APPLICANT IS A LICENSED ATTORNEY-AT-LAW IN THIS STATE. (G) THE SUPERINTENDENT MAY REFUSE TO ISSUE TO AN APPLICANT A TITLE INSURANCE SOLICITOR'S LICENSE IF, IN THE SUPERINTENDENT'S JUDGMENT, THE PROPOSED LICENSEE: (1) IS NOT TRUSTWORTHY AND COMPETENT TO ACT AS SUCH SOLICITOR; (2) HAS GIVEN CAUSE FOR THE REVOCATION OR SUSPENSION OF SUCH A LICENSE; OR (3) HAS FAILED TO COMPLY WITH ANY PREREQUISITE FOR THE ISSUANCE OF SUCH LICENSE. (H) (1) EVERY LICENSE ISSUED TO AN INDIVIDUAL BORN IN AN ODD-NUMBERED YEAR SHALL EXPIRE ON THE INDIVIDUAL'S BIRTHDAY IN EACH ODD-NUMBERED YEAR. LICENSES ISSUED TO INDIVIDUALS BORN IN EVEN-NUMBERED YEARS SHALL EXPIRE ON THE INDIVIDUAL'S BIRTHDAY IN EACH EVEN-NUMBERED YEAR. EVERY SUCH LICENSE MAY BE RENEWED FOR THE ENSUING PERIOD OF TWENTY-FOUR MONTHS UPON THE FILING OF AN APPLICATION IN CONFORMITY WITH THIS SUBSECTION. (2) THE LICENSE MAY BE ISSUED FOR ALL OF SUCH TWO YEAR TERMS, OR UPON APPLICATION MADE DURING ANY SUCH TERM, FOR THE BALANCE THEREOF. (3) ANY LICENSE SHALL BE CONSIDERED IN GOOD STANDING WITHIN THE LICENSE TERM UNLESS: (A) REVOKED OR SUSPENDED BY THE SUPERINTENDENT PURSUANT TO THIS ARTI- CLE; OR (B) IF AT THE EXPIRATION DATE OF THE LICENSE TERM, THE LICENSEE FAILS TO FILE A RENEWAL APPLICATION, PROVIDED THE LICENSE WAS IN GOOD STANDING DURING THE TERM. (4) BEFORE THE RENEWAL OF ANY TITLE INSURANCE SOLICITOR'S LICENSE SHALL BE ISSUED, THE LICENSEE SHALL HAVE: (A) FILED A COMPLETED RENEWAL APPLICATION IN SUCH FORM OR FORMS, AND SUPPLEMENTS THERETO, AND CONTAINING SUCH INFORMATION AS THE SUPERINTEN- DENT MAY PRESCRIBE; AND (B) PAID SUCH FEES AS ARE PRESCRIBED IN THIS SECTION. (5) IF AN APPLICATION FOR A RENEWAL LICENSE SHALL HAVE BEEN FILED WITH THE SUPERINTENDENT BEFORE THE EXPIRATION OF SUCH LICENSE, THEN THE LICENSE SOUGHT TO BE RENEWED SHALL CONTINUE IN FULL FORCE AND EFFECT EITHER UNTIL THE ISSUANCE BY THE SUPERINTENDENT OF THE RENEWAL LICENSE APPLIED FOR OR UNTIL FIVE DAYS AFTER THE SUPERINTENDENT SHALL HAVE REFUSED TO ISSUE SUCH RENEWAL LICENSE AND SHALL HAVE GIVEN NOTICE OF SUCH REFUSAL TO THE APPLICANT. BEFORE REFUSING TO RENEW ANY SUCH LICENSE, EXCEPT ON THE GROUND OF FAILURE TO PASS A WRITTEN EXAMINATION, THE SUPERINTENDENT SHALL NOTIFY THE APPLICANT OF THE SUPERINTENDENT'S INTENTION TO DO SO AND SHALL GIVE THE APPLICANT A HEARING. (6) THE SUPERINTENDENT MAY, IN ISSUING A RENEWAL LICENSE, DISPENSE WITH THE REQUIREMENTS OF A VERIFIED APPLICATION BY ANY INDIVIDUAL LICEN- SEE WHO, BY REASON OF BEING ENGAGED IN ANY MILITARY SERVICE FOR THE UNITED STATES, IS UNABLE TO MAKE PERSONAL APPLICATION FOR SUCH RENEWAL LICENSE, UPON THE FILING OF AN APPLICATION ON BEHALF OF SUCH INDIVIDUAL, IN SUCH FORM AS THE SUPERINTENDENT SHALL PRESCRIBE, BY SOME PERSON OR PERSONS WHO IN HIS OR HER JUDGMENT HAVE KNOWLEDGE OF THE FACTS AND WHO MAKE AFFIDAVIT SHOWING SUCH MILITARY SERVICE AND THE INABILITY OF SUCH TITLE INSURANCE SOLICITOR TO MAKE PERSONAL APPLICATION. (7) AN INDIVIDUAL LICENSEE WHO IS UNABLE TO COMPLY WITH LICENSE RENEWAL PROCEDURES DUE TO OTHER EXTENUATING CIRCUMSTANCES, SUCH AS A A. 8557--C 69 LONG-TERM MEDICAL DISABILITY, MAY REQUEST A WAIVER OF SUCH PROCEDURES, IN SUCH FORM AS THE SUPERINTENDENT SHALL PRESCRIBE. THE LICENSEE MAY ALSO REQUEST A WAIVER OF ANY EXAMINATION REQUIREMENT OR ANY OTHER FINE OR SANCTION IMPOSED FOR FAILURE TO COMPLY WITH RENEWAL PROCEDURES. (8) AN APPLICATION FOR THE RENEWAL OF A LICENSE SHALL BE FILED WITH THE SUPERINTENDENT NOT LESS THAN SIXTY DAYS PRIOR TO THE DATE THE LICENSE EXPIRES OR THE APPLICANT SHALL BE SUBJECT TO A FURTHER FEE OF TEN DOLLARS FOR LATE FILING. (9) NO LICENSE FEE SHALL BE REQUIRED OF ANY PERSON WHO SERVED AS A MEMBER OF THE ARMED FORCES OF THE UNITED STATES AT ANY TIME, AND WHO SHALL HAVE BEEN DISCHARGED THEREFROM UNDER CONDITIONS OTHER THAN DISHONORABLE, IN A CURRENT LICENSING PERIOD FOR THE DURATION OF SUCH PERIOD. (10) THE SUPERINTENDENT MAY ISSUE A REPLACEMENT LICENSE FOR A CURRENT- LY IN-FORCE LICENSE THAT HAS BEEN LOST OR DESTROYED. BEFORE SUCH REPLACEMENT LICENSE SHALL BE ISSUED, THERE SHALL BE ON FILE IN THE OFFICE OF THE SUPERINTENDENT A WRITTEN APPLICATION FOR SUCH REPLACEMENT LICENSE, AFFIRMING UNDER PENALTY OF PERJURY THAT THE ORIGINAL LICENSE HAS BEEN LOST OR DESTROYED, TOGETHER WITH A FEE OF FIFTEEN DOLLARS. S 20. Section 2314 of the insurance law is amended to read as follows: S 2314. Charging of rates. No authorized insurer shall, and no licensed insurance agent, NO TITLE INSURANCE AGENT, no employee or other representative of an authorized insurer, and no licensed insurance broker shall knowingly, charge or demand a rate or receive a premium [which] THAT departs from the rates, rating plans, classifications, schedules, rules and standards in effect on behalf of the insurer, or shall issue or make any policy or contract involving a violation there- of. S 21. Section 6409 of the insurance law, subsection (c) as added by chapter 955 of the laws of 1984, is amended to read as follows: S 6409. Filing of policy forms; rates; classification of risks; commissions and rebates prohibited. (a) No title insurance policy shall be issued or delivered in this state, unless [and until a copy of the form thereof shall have] IT HAS been filed with the superintendent [for his information] IN ACCORDANCE WITH ARTICLE TWENTY-THREE OF THIS CHAPTER. (b) [Every title insurance corporation shall file with the superinten- dent its rate manual, if any, its basic schedule of rates and classi- fication of risks, its rating plan and rules in connection with the writing or issuance of policies of title insurance and shall thereafter likewise file any changes therein. After any such filing no such corpo- ration shall, in connection with the writing or issuance of any such policy, deviate from the rates, classifications of risks and rules last filed by it, either by making any reduction in rates without having filed the same as herein provided, or by way of any discriminations in favor of or against any insured. The superintendent shall have the powers specified in article twenty-three of this chapter applicable to title insurers.] TITLE INSURANCE RATES AND RATE FILINGS SHALL BE SUBJECT TO ARTICLE TWENTY-THREE OF THIS CHAPTER. (c) Notwithstanding any other provision of this article, every title insurance [company] CORPORATION shall [be required to] offer, at or prior to title closing, an optional policy form [which will insure] THAT INSURES the title of owner-occupied real property used predominantly for residential purposes [which] THAT consists of not more than four dwell- ing units for an amount equal to the market value of the property at the time a loss is discovered. Such policy form shall be filed with, AND A. 8557--C 70 APPROVED BY, the superintendent [pursuant to subsection (a) of this section] IN ACCORDANCE WITH ARTICLE TWENTY-THREE OF THIS CHAPTER. Rates for such coverage shall be filed AND APPROVED pursuant to [subsection (b) of this section] ARTICLE TWENTY-THREE OF THIS CHAPTER. (d) No title insurance corporation, TITLE INSURANCE AGENT, or any other person acting for or on behalf of [it] THE TITLE INSURANCE CORPO- RATION OR TITLE INSURANCE AGENT, shall OFFER OR make, DIRECTLY OR INDI- RECTLY, any rebate of any portion of the fee, premium or charge made, or pay or give to any applicant for insurance, or to any person, firm, or corporation acting as agent, representative, attorney, or employee of the owner, lessee, mortgagee or the prospective owner, lessee, or mort- gagee of the real property or any interest therein, either directly or indirectly, any commission, any part of its fees or charges, or any other consideration or valuable thing, as an inducement for, or as compensation for, any title insurance business. [Any person or entity who accepts or receives such a commission or rebate shall be subject to a penalty equal to the greater of one thousand dollars or five times the amount thereof.] ANY PERSON OR ENTITY WHO KNOWINGLY OFFERS, MAKES, PAYS, GIVES, ACCEPTS, OR RECEIVES SUCH COMPENSATION OR REBATE IN VIOLATION OF THIS SECTION SHALL BE SUBJECT TO A CIVIL PENALTY EQUAL TO THE GREATER OF (I) ONE THOUSAND DOLLARS; OR (II) FIVE TIMES THE AMOUNT OF ANY COMPEN- SATION OR REBATE RECEIVED OR PAID; OR (III) FOR A TITLE INSURANCE CORPO- RATION, TITLE INSURANCE AGENT, OR LENDING INSTITUTION AS THAT TERM IS DEFINED IN PARAGRAPH (A) OF SUBDIVISION ONE OF SECTION NINE-T OF THE BANKING LAW, AN AMOUNT EQUAL TO THE TITLE INSURANCE PREMIUM EARNED ON THE TRANSACTION ON WHICH THE VIOLATION OCCURRED. HOWEVER, WHERE A TITLE INSURANCE AGENT HAS VIOLATED THIS SECTION, SUCH CIVIL PENALTY SHALL NOT INCLUDE THAT PORTION OF THE PREMIUM PAID OR OWED TO THE TITLE INSURANCE CORPORATION. PROVIDED, HOWEVER, THAT THIS SUBSECTION ONLY APPLIES TO REFERRALS OF TITLE INSURANCE BUSINESS AND NOT TO THE PAYMENT OF A FEE TO AN ATTORNEY FOR SERVICES ACTUALLY RENDERED OR BY A TITLE INSURER TO ITS DULY APPOINTED TITLE INSURANCE AGENT FOR SERVICES ACTUALLY PERFORMED IN THE ISSUANCE OF A POLICY OF TITLE INSURANCE. (e) Premium rates for coverage shall fully reflect the foregoing prohibitions of subsection (d) [hereof] OF THIS SECTION. S 22. This act shall take effect on the one hundred eightieth day after it shall have become a law, provided, however, that effective immediately: (1) the addition, amendment, or repeal of any rule or regulation necessary for the implementation of this act on its effective date is authorized and directed to be made and completed on or before such effective date; (2) the superintendent of financial services shall promulgate applica- tion forms for persons, firms, associations, and corporations seeking to obtain a license as a title insurance agent, or individuals seeking to obtain a license as a title insurance closer or title insurance solici- tor; and (3) each person, firm, association, or corporation who has filed an application for a license as a title insurance agent, or every individ- ual who has filed an application for a license as a title insurance closer or title insurance solicitor on or before January 1, 2015 or within 90 days after the superintendent of financial services has promulgated application forms pursuant to this act, whichever date is later, may act as such licensee without a license issued pursuant to section 2140, 2141, or 2142 of the insurance law, as added by sections seventeen, eighteen, and nineteen of this act, until the superintendent A. 8557--C 71 of financial services has made a final determination on the application for such license filed by such person, firm, association, or corpo- ration. PART W Intentionally Omitted PART X Section 1. Section 2 of chapter 584 of the laws of 2011, amending the public authorities law relating to the powers and duties of the dormito- ry authority of the state of New York relative to the establishment of subsidiaries for certain purposes, as amended by section 28 of part D of chapter 56 of the laws of 2012, is amended to read as follows: S 2. This act shall take effect immediately and shall expire and be deemed repealed on July 1, [2014] 2016; provided however, that the expi- ration of this act shall not impair or otherwise affect any of the powers, duties, responsibilities, functions, rights or liabilities of any subsidiary duly created pursuant to subdivision twenty-five of section 1678 of the public authorities law prior to such expiration. S 2. This act shall take effect immediately. PART Y Section 1. Section 2976-a of the public authorities law is REPEALED. S 2. Section 2868 of the public health law, as amended by section 43-a of part B of chapter 58 of the laws of 2008, is amended to read as follows: S 2868. Fees and charges. The commissioner may by regulation establish and charge to any nursing home company, for the period of occupancy date to mortgage discharge, a fee for inspection, regulation, supervision and audit not to annually exceed two-tenths of one percent of the mortgage loan to recover the departmental costs in performing these functions IN RELATION TO ANY NURSING HOME PROJECT FINANCED OR REFINANCED BY A LOAN MADE UNDER THIS ARTICLE PRIOR TO APRIL FIRST, TWO THOUSAND FOURTEEN. NOTWITHSTANDING THE FOREGOING, NO SUCH FEE SHALL BE CHARGED OR PAYABLE PURSUANT TO THIS SECTION WITH RESPECT TO A NURSING HOME PROJECT FINANCED OR REFINANCED WITH BONDS ISSUED ON OR AFTER APRIL FIRST, TWO THOUSAND FOURTEEN. S 3. Section 2881 of the public health law, as amended by section 43-b of part B of chapter 58 of the laws of 2008, is amended to read as follows: S 2881. Fees and charges. The commissioner may, by regulation, estab- lish and charge to eligible borrowers, for the period from occupancy date to mortgage discharge, a fee for inspection, regulation, super- vision and audit not to annually exceed two-tenths of one percent of the mortgage loan to recover the departmental costs in performing these functions IN RELATION TO ANY HOSPITAL PROJECT FINANCED OR REFINANCED BY A LOAN MADE UNDER THIS ARTICLE PRIOR TO APRIL FIRST, TWO THOUSAND FOUR- TEEN. NOTWITHSTANDING THE FOREGOING, NO SUCH FEE SHALL BE CHARGED OR PAYABLE PURSUANT TO THIS SECTION WITH RESPECT TO A HOSPITAL PROJECT FINANCED OR REFINANCED WITH BONDS ISSUED ON OR AFTER APRIL FIRST, TWO THOUSAND FOURTEEN. S 4. This act shall take effect immediately. A. 8557--C 72 PART Z Section 1. Subdivision 3 of section 16-m of section 1 of chapter 174 of the laws of 1968 constituting the New York state urban development corporation act, as amended by chapter 81 of the laws of 2013, is amended to read as follows: 3. The provisions of this section shall expire, notwithstanding any inconsistent provision of subdivision 4 of section 469 of chapter 309 of the laws of 1996 or of any other law, on July 1, [2014] 2015. S 2. This act shall take effect immediately and shall be deemed to have been in full force and effect on and after July 1, 2014. PART AA Section 1. Section 2 of chapter 393 of the laws of 1994, amending the New York state urban development corporation act, relating to the powers of the New York state urban development corporation to make loans, as amended by section 1 of part H of chapter 58 of the laws of 2013, is amended to read as follows: S 2. This act shall take effect immediately provided, however, that section one of this act shall expire on July 1, [2014] 2015, at which time the provisions of subdivision 26 of section 5 of the New York state urban development corporation act shall be deemed repealed; provided, however, that neither the expiration nor the repeal of such subdivision as provided for herein shall be deemed to affect or impair in any manner any loan made pursuant to the authority of such subdivision prior to such expiration and repeal. S 2. This act shall take effect immediately and shall be deemed to have been in full force and effect on and after April 1, 2014. PART BB Section 1. 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 16-x to read as follows: S 16-X. ADVANCED MANUFACTURING CAREER OPPORTUNITY GRANT PROGRAM. 1. THE ADVANCED MANUFACTURING CAREER OPPORTUNITY GRANT PROGRAM IS HEREBY CREATED. THE CORPORATION IS AUTHORIZED, WITHIN AVAILABLE APPROPRIATIONS, TO PROVIDE GRANTS TO ASSIST THOSE INDIVIDUALS SEEKING APPROPRIATE TRAIN- ING AND CERTIFICATION TO ENTER THE ADVANCED MANUFACTURING FIELD AND TO PROVIDE ADVANCED MANUFACTURING EMPLOYERS WITH A COMPETITIVE WORKFORCE. 2. THE CORPORATION, IN CONSULTATION WITH THE DEPARTMENT OF LABOR, SHALL ISSUE A REQUEST FOR PROPOSAL TO SELECT AN ELIGIBLE ENTITY OR ENTI- TIES TO ADMINISTER THE ADVANCED MANUFACTURING CAREER OPPORTUNITY GRANT PROGRAM. 3. THE GRANT PROGRAM FUND SHALL CONSIST OF ONE ACCOUNT WHICH SHALL BE MAINTAINED FOR MONIES TO BE MADE AVAILABLE TO PROVIDE GRANTS TO FINANCE THE COST OF COURSE WORK AND TRAINING PROGRAMS FOR INDIVIDUALS PARTIC- IPATING IN AN APPROVED COURSE IN ADVANCED MANUFACTURING. 4. THE CORPORATION SHALL CONSULT WITH THE DEPARTMENT OF LABOR AND THE STATE EDUCATION DEPARTMENT TO ESTABLISH ELIGIBILITY CRITERIA FOR APPLI- CANTS TO THE GRANT PROGRAM. 5. THE CORPORATION SHALL: A. USE MONIES MADE AVAILABLE FOR THE GRANT PROGRAM TO PROVIDE GRANTS TO ELIGIBLE APPLICANTS AS DETERMINED BY THE CORPORATION THROUGH CONSUL- TATION WITH THE DEPARTMENT OF LABOR AND THE STATE EDUCATION DEPARTMENT; A. 8557--C 73 B. REVIEW AND DESIGNATE EXISTING OR NEW PROGRAMS IN NEW YORK STATE OFFERING TRAINING LEADING TO AN INDUSTRY RECOGNIZED AND/OR REQUIRED CREDENTIAL IN THE ADVANCED MANUFACTURING INDUSTRIES; AND C. DEVELOP RULES AND REGULATIONS FOR THE IMPLEMENTATION OF THE ADVANCED MANUFACTURING CAREER OPPORTUNITY GRANT PROGRAM. 6. FUNDS DESIGNATED TO THE ADVANCED MANUFACTURING CAREER OPPORTUNITY GRANT PROGRAM AND DISTRIBUTED BY THE CORPORATION PURSUANT TO THIS SECTION SHALL BE SUBJECT TO THE FOLLOWING LIMITATIONS: A. INDIVIDUAL GRANT AMOUNTS SHALL NOT EXCEED THREE THOUSAND DOLLARS PER APPLICANT FOR AN APPROVED ADVANCED MANUFACTURING CERTIFICATION AND SHALL BE USED SOLELY FOR THE PURPOSE OF COMPLETING SUCH CERTIFICATION PROGRAM, WHICH SHALL INCLUDE TUITION COST AND/OR REGISTRATION FEES. B. IF THE NUMBER OF APPLICANTS EXCEEDS THE AMOUNT OF AVAILABLE FUNDS, PRIORITY MAY BE GIVEN TO THOSE APPLICANTS THAT ARE UNEMPLOYED AT THE TIME OF SUBMITTING THE APPLICATION. 7. APPLICATIONS FOR FINANCIAL ASSISTANCE PURSUANT TO THIS SECTION SHALL BE REVIEWED AND EVALUATED BY THE CORPORATION OR ITS DESIGNEE PURSUANT TO ELIGIBILITY AND QUALIFICATION REQUIREMENTS AND CRITERIA ESTABLISHED BY THE CORPORATION. S 2. This act shall take effect immediately. PART CC Section 1. Any program established pursuant to public service commis- sion case 13-MO-412 must provide for not less than fifteen million dollars to be utilized for costs directly associated with installing any improvement to a heating or cooling system which will increase efficien- cy by at least ten percent or reduce fuel usage by at least ten percent and lead to a significant reduction in carbon emissions as defined by the New York state energy research and development authority guidelines, developed after consultation with the department of environmental conservation, provided that such project shall have a return on invest- ment of five years or less. Such improvements shall include, but shall not be limited to, the installation of a high efficiency boiler or furnace, an improvement to and/or replacement of a burner in a boiler, and any other improvement to a heating system that satisfies the crite- ria set forth in this section. Notwithstanding the foregoing provisions of this section, for boilers that are regulated by the New York city department of environmental protection, the improvements must result in a reduction of particulate matter that is two and one-half microns or less in width (commonly referred to as PM 2.5 emissions) of at least fifty percent. S 2. The president of the New York state energy research and develop- ment authority shall provide additional definitions and guidelines for the eligibility of an improvement or project, which shall include defin- ing the parameters of what constitutes a significant reduction in carbon emissions for a single family or multiple family dwelling as well as any and all applicable standards, other than those enumerated in this section. S 3. This act shall take effect immediately. PART DD Section 1. Section 16-u of 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 subdivision 12 to read as follows: A. 8557--C 74 12. (A) NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, THE MINORITY- AND WOMEN-OWNED BUSINESS INVESTMENT FUND IS HEREBY CREATED WITHIN THE INNOVATE NY FUND ESTABLISHED PURSUANT TO THIS SECTION. THE PURPOSE OF THE MINORITY- AND WOMEN-OWNED BUSINESS INVESTMENT FUND IS TO MAKE AVAILABLE STATE FUNDS TO ELIGIBLE APPLICANTS TO PROVIDE CRITICAL FINANCIAL SUPPORT FOR MINORITY- AND WOMEN-OWNED BUSINESS ENTERPRISES, AS DEFINED BY SUBDIVISIONS NINETEEN AND TWENTY OF SECTION THREE OF THIS ACT. THE INVESTMENT FUND SHALL FOSTER THE DEVELOPMENT OF NEW AND EMERG- ING IDEAS AND PRODUCTS AS WELL AS TO PROMOTE THE LONG-TERM FINANCIAL PERFORMANCE AND SUCCESS OF EARLY STAGE ENTERPRISES THAT ARE MINORITY- AND WOMEN-OWNED START-UPS. SELECTION OF ELIGIBLE APPLICANTS AND BENEFI- CIARY COMPANIES FOR THE MINORITY- AND WOMEN-OWNED BUSINESS INVESTMENT FUNDS SHALL BE GOVERNED BY SUBDIVISIONS TWO THROUGH ELEVEN OF THIS SECTION. MINORITY- OR WOMEN-OWNED BUSINESS ENTERPRISES WHO PARTICIPATE IN SUCH MINORITY- AND WOMEN-OWNED INVESTMENT FUND UNDER THIS SUBDIVISION SHALL NOT BE PRECLUDED FROM QUALIFYING FOR ANY OTHER ASSISTANCE, GRANT OR LOAN MADE AVAILABLE FROM THE STATE. (B) NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, FUNDS APPRO- PRIATED FOR THE MINORITY- AND WOMEN-OWNED BUSINESS DEVELOPMENT AND LEND- ING PROGRAM MAY ALSO BE UTILIZED FOR THE PURPOSES OF FUNDING THE MINORI- TY- AND WOMEN-OWNED BUSINESS INVESTMENT FUND AS CREATED BY PARAGRAPH (A) OF THIS SUBDIVISION. S 2. This act shall take effect immediately. PART EE Section 1. 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 16-w to read as follows: S 16-W. BACK TO WORK NY JOBS PROGRAM. THE BACK TO WORK NY JOBS PROGRAM IS HEREBY CREATED FOR THE PURPOSE OF ASSISTING PERSONS WHO HAVE EXHAUSTED UNEMPLOYMENT BENEFITS TO RE-ENTER THE WORKFORCE. 1. DEFINITIONS. FOR THE PURPOSES OF THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS: A. "PARTICIPANT" SHALL MEAN AN UNEMPLOYED INDIVIDUAL WHO HAS EXHAUSTED HIS OR HER BENEFITS UNDER THE FEDERAL-STATE UNEMPLOYMENT COMPENSATION PROGRAM. ADDITIONAL ELIGIBILITY REQUIREMENTS MAY BE ADOPTED BY THE DEPARTMENT OF LABOR AND THE CORPORATION FOR PARTICIPATION IN THE WORK- FORCE RE-ENTRY TRAINING PROGRAM ESTABLISHED UNDER THIS SECTION. IN THE EVENT THAT AN INDIVIDUAL IS NOT ELIGIBLE FOR EXTENDED BENEFITS UNDER SECTION 601 OF THE LABOR LAW, SUCH INDIVIDUAL WOULD BE DEEMED TO HAVE EXHAUSTED ALL BENEFITS OTHERWISE AVAILABLE FOR THE PURPOSES OF ELIGIBIL- ITY TO PARTICIPATE IN THIS PROGRAM. B. "SMALL BUSINESS" SHALL MEAN A BUSINESS DEEMED TO BE ONE WHICH IS RESIDENT IN THIS STATE, INDEPENDENTLY OWNED AND OPERATED, NOT DOMINANT IN ITS FIELD, AND EMPLOYS ONE HUNDRED OR LESS PERSONS. 2. THE DEPARTMENT OF LABOR, IN CONSULTATION WITH THE CORPORATION, SHALL ESTABLISH THE BACK TO WORK NY JOBS PROGRAM WHICH SHALL CONSIST OF TWO COMPONENTS, A WORKFORCE RE-ENTRY TRAINING COMPONENT AND AN INTERN- SHIP COMPONENT. A. WORKFORCE RE-ENTRY TRAINING. THE DEPARTMENT OF LABOR AND THE CORPO- RATION SHALL ESTABLISH A WORKFORCE RE-ENTRY TRAINING PROGRAM FOR PARTIC- IPANTS. (I) THE WORKFORCE RE-ENTRY TRAINING PROGRAM SHALL ASSIST PARTICIPANTS WITH SKILLS ASSESSMENT, CAREER READINESS, AND JOB COACHING. HOWEVER, AT A. 8557--C 75 NO TIME SHALL WORKFORCE RE-ENTRY TRAINING EXCEED TWENTY-FIVE DAYS FOR A SINGLE PARTICIPANT. (II) THE DEPARTMENT OF LABOR AND THE CORPORATION MAY DETERMINE WHEN IT IS APPROPRIATE TO REFER PARTICIPANTS TO ADDITIONAL COURSES AND/OR TRAIN- ING TO IMPROVE THEIR PROSPECTIVE EMPLOYMENT OPPORTUNITIES WHICH MAY INCLUDE COURSES IN SCIENCE, TECHNOLOGY, ENGINEERING, AND MATH (STEM); HEALTHCARE TRAINING OR INSTRUCTION IN A SKILLED TRADE; AND JOB FIELDS THAT ARE IN DEMAND AS DETERMINED BY THE COMMISSIONER OF THE DEPARTMENT OF LABOR. PARTICIPANTS ENROLLED IN SUCH ADDITIONAL COURSES AND/OR TRAIN- ING SHALL NOT BE ELIGIBLE FOR A STIPEND PURSUANT TO SUBPARAGRAPH (IV) OF THIS PARAGRAPH. (III) THE DEPARTMENT OF LABOR, IN CONSULTATION WITH THE CORPORATION, SHALL DEVELOP AN APPLICATION PROCESS FOR POTENTIAL PARTICIPANTS, WHICH MAY INCLUDE ONLINE SUBMISSIONS. (IV) PARTICIPANTS OF THE PROGRAM SHALL RECEIVE A STIPEND FOR SUCH WORKFORCE RE-ENTRY TRAINING. THE DEPARTMENT OF LABOR SHALL DETERMINE THE ELIGIBILITY AND THE AMOUNT OF THE STIPEND FOR THOSE INDIVIDUALS ACCEPTED INTO THE PROGRAM. B. WORKFORCE RE-ENTRY INTERNSHIP. THE DEPARTMENT OF LABOR, IN CONSUL- TATION WITH THE CORPORATION, SHALL DEVELOP AN INTERNSHIP PROGRAM COMPO- NENT FOR PARTICIPANTS. (I) THE DEPARTMENT OF LABOR AND CORPORATION SHALL DEVELOP PARTNERSHIPS WITH SMALL BUSINESSES AS DEFINED BY PARAGRAPH B OF SUBDIVISION ONE OF THIS SECTION FOR THE PLACEMENT OF PARTICIPANTS. HOWEVER, AT NO TIME SHALL THE INTERNSHIP PROGRAM COMPONENT EXCEED FOUR HUNDRED TWENTY HOURS FOR EACH PARTICIPANT WHICH MUST BE COMPLETED WITHIN TWELVE WEEKS. (II) ONLY PARTICIPANTS WHO SUCCESSFULLY COMPLETE THE WORKFORCE RE-EN- TRY TRAINING COMPONENT OF THE BACK TO WORK NY JOBS PROGRAM AS DEFINED BY THIS SUBDIVISION SHALL BE ELIGIBLE FOR THE INTERNSHIP COMPONENT. (III) PARTICIPANTS OF THE INTERNSHIP PROGRAM SHALL RECEIVE A STIPEND. THE DEPARTMENT OF LABOR SHALL DETERMINE THE ELIGIBILITY AND THE AMOUNT OF SUCH STIPEND FOR THOSE INDIVIDUALS ACCEPTED INTO THE PROGRAM. 3. THE DEPARTMENT OF LABOR, IN CONSULTATION WITH THE CORPORATION, SHALL ISSUE A REQUEST FOR PROPOSAL TO SELECT AN ELIGIBLE ENTITY OR ENTI- TIES TO ADMINISTER THE BACK TO WORK NY JOBS PROGRAM. 4. THE BACK TO WORK NY JOBS PROGRAM SHALL BE IMPLEMENTED IN WORKFORCE INVESTMENT AREAS, AS DEFINED IN P.L. 105-220, SELECTED BY THE DEPARTMENT OF LABOR AND THE CORPORATION. 5. THE CHAIRMAN OF THE CORPORATION AND THE COMMISSIONER OF THE DEPART- MENT OF LABOR SHALL ADOPT RULES AND REGULATIONS TO EFFECTUATE THE PURPOSES OF THIS SECTION. 6. THE DEPARTMENT OF LABOR AND THE CORPORATION SHALL ISSUE AN ANNUAL REPORT ANALYZING THE EFFECTIVENESS OF THE PROGRAM, BEGINNING APRIL 1, 2015, TO THE EXECUTIVE, THE SPEAKER OF THE ASSEMBLY, AND THE TEMPORARY PRESIDENT OF THE SENATE. THE REPORT SHALL INCLUDE FOR EACH RESPECTIVE WORKFORCE INVESTMENT AREA, BUT NOT BE LIMITED TO, THE FOLLOWING: THE NUMBER OF INDIVIDUALS WHO GAIN EMPLOYMENT THROUGH THE PROGRAM; RECOMMEN- DATIONS TO IMPROVE THE PROGRAM OUTCOME IN THE FUTURE; AND THE NUMBER OF SMALL BUSINESSES PARTICIPATING IN THE PROGRAM. S 2. This act shall take effect immediately. PART FF Section 1. The department of environmental conservation shall expand its existing free collection and disposal program for unwanted drugs, as such term is defined in subdivision 7 of section 6802 of the education A. 8557--C 76 law, to include hospitals, adult care facilities and nursing homes in areas served by sole source aquifers as such term is defined in section 1-0303 of the environmental conservation law. S 2. This act shall take effect on the one hundred eightieth day after it shall have become a law. PART GG Section 1. Paragraph c of subdivision 1 of section 73-a of the public officers law is amended by adding a new subparagraph (iv) to read as follows: (IV) THE TERM "STATE OFFICER OR EMPLOYEE" SHALL ALSO INCLUDE MEMBERS OF THE REGIONAL ECONOMIC DEVELOPMENT COUNCILS, OR ANY EXECUTIVE ENTITY THAT IS HEREAFTER CREATED TO ADVISE OR MAKE RECOMMENDATIONS TO A STATE OFFICER, AGENCY OR PUBLIC AUTHORITY ON THE ALLOCATION OR DISBURSEMENT OF STATE OR FEDERAL MONEYS, NOT ALREADY REQUIRED BY LAW TO FILE SUCH DISCLOSURE. S 1-a. Subdivision 1 of section 74 of the public officers law, as amended by chapter 1012 of the laws of 1965, the opening paragraph as amended by chapter 14 of the laws of 2007, is amended to read as follows: 1. [Definition] DEFINITIONS. As used in this section: A. The term "state agency" shall mean any state department, or division, board, commission, or bureau of any state department or any public benefit corporation or public authority at least one of whose members is appointed by the governor or corporations closely affiliated with specific state agencies as defined by paragraph (d) of subdivision five of section fifty-three-a of the state finance law or their successors. B. THE TERM "STATE AGENCY" SHALL ALSO INCLUDE THE REGIONAL ECONOMIC DEVELOPMENT COUNCILS OR ANY EXECUTIVE ENTITY THAT IS HEREAFTER CREATED TO ADVISE OR MAKE RECOMMENDATIONS TO A STATE OFFICER, AGENCY OR PUBLIC AUTHORITY ON THE ALLOCATION OR DISBURSEMENT OF STATE OR FEDERAL MONEYS. C. The term "legislative employee" shall mean any officer or employee of the legislature but it shall not include members of the legislature. S 1-b. Section 86 of the public officers law is amended by adding a new subdivision 6 to read as follows: 6. "AGENCY" SHALL ALSO INCLUDE THE REGIONAL ECONOMIC DEVELOPMENT COUN- CILS OR ANY EXECUTIVE ENTITY THAT IS HEREAFTER CREATED TO ADVISE OR MAKE RECOMMENDATIONS TO A STATE OFFICER, AGENCY OR PUBLIC AUTHORITY ON THE ALLOCATION OR DISBURSEMENT OF STATE OR FEDERAL MONEYS. S 1-c. Subdivision 2 of section 102 of the public officers law, as amended by chapter 704 of the laws of 1979, is amended to read as follows: 2. "Public body" means any entity, for which a quorum is required in order to conduct public business and which consists of two or more members, performing a governmental function for the state or for an agency or department thereof, or for a public corporation as defined in section sixty-six of the general construction law, or committee or subcommittee or other similar body of such public body. "PUBLIC BODY" SHALL INCLUDE THE REGIONAL ECONOMIC DEVELOPMENT COUNCILS OR ANY EXECU- TIVE ENTITY THAT IS HEREAFTER CREATED TO ADVISE OR MAKE RECOMMENDATIONS TO A STATE OFFICER, AGENCY OR PUBLIC AUTHORITY ON THE ALLOCATION OR DISBURSEMENT OF STATE OR FEDERAL MONEYS. S 1-d. The Regional Economic Development councils must record and report recusals from votes on recommended funding approvals made on funding applications received through the consolidated funding applica- A. 8557--C 77 tion process. Such voting record shall be posted on the official website of the regional economic development council initiative. A list of fund- ing applications completed and submitted through such process, and that have been recommended for funding approval by a regional economic devel- opment council shall be posted in a timely manner on the official website of the regional economic development council initiative. The consolidated funding assessment and score cards of the recommended applications shall also be posted. The president and chief executive officer of the empire state development corporation shall provide a report on the regional economic development councils initiative by Janu- ary 1, 2015 and biannually thereafter. The report shall include, but is not limited to, the following: the proposed new jobs that would be created and retained; the actual net new jobs created and retained; industry participation; the actual value of matching capital invest- ments; the participation of minority- and women-owned business enter- prises; the total economic impact of the projects; the total value of state supported incentives; and how much money has been disbursed for each project in total and how much money was disbursed per disbursal if there were multiple payments made. This report shall be made accessible to the general public through the publication on the empire state devel- opment corporation's website. S 2. Subdivision 21 of section 2 of the state finance law, as added by section 56 of part T of chapter 57 of the laws of 2007, is amended to read as follows: 21. "Lump sum appropriation". An item of appropriation with a single related object or purpose, the purpose of which is to fund more than one grantee by [a means other than a statutorily prescribed formula,] a competitive process[,] or [an allocation pursuant to subdivision five of section twenty-four of this chapter] ANY OTHER MEANS NOT PURSUANT TO A STATUTORILY PRESCRIBED FORMULA OR PROCESS; FEDERAL RULES OR REGULATIONS; OR AN APPROPRIATION FOR UNANTICIPATED EMERGENCIES AUTHORIZED BY SECTION FIFTY-THREE OF THIS CHAPTER. S 3. Subdivision 5 of section 24 of the state finance law, as added by chapter 1 of the laws of 2007, is amended to read as follows: 5. Any LUMP SUM appropriation [added pursuant to section four of arti- cle seven of the constitution without designating] THAT DOES NOT DESIG- NATE a grantee OR GRANTEES shall be allocated only pursuant to a plan setting forth an itemized list of grantees with the amount to be received by each, or the methodology for allocating such appropriation. [Such] FOR LUMP SUM APPROPRIATIONS ADDED PURSUANT TO SECTION FOUR OF ARTICLE SEVEN OF THE CONSTITUTION, SUCH plan shall be subject to the approval of the chair of the senate finance committee, the chair of the assembly ways and means committee, and the director of the budget, and thereafter shall be included in a [concurrent] resolution calling for the expenditure of such monies, which resolution must be approved by a majority vote of all members elected to [each] SUCH house upon a roll call vote AND SUBSEQUENTLY POSTED TO THE PUBLIC WEBSITE OF THE HOUSE OF THE LEGISLATURE MAKING THE ALLOCATIONS. FOR ALL OTHER LUMP SUM APPROPRI- ATIONS, SUCH PLAN SHALL BE POSTED TO THE PUBLIC WEBSITE OF THE DIVISION OF THE BUDGET WITH FIFTEEN DAY PRIOR NOTICE TO THE CHAIR OF THE SENATE FINANCE COMMITTEE AND THE CHAIR OF THE ASSEMBLY WAYS AND MEANS COMMITTEE. S 4. Section 24 of the state finance law is amended by adding a new subdivision 6 to read as follows: 6. NO CONTRACT OR GRANT AGREEMENT TO BE FUNDED PURSUANT TO SUBDIVISION FIVE OF THIS SECTION FROM A LUMP SUM APPROPRIATION ORIGINALLY APPROPRI- A. 8557--C 78 ATED ON OR AFTER APRIL FIRST, TWO THOUSAND FOURTEEN SHALL BE EXECUTED UNLESS THE FOLLOWING CONDITIONS ARE SATISFIED: (A) EACH CONTRACT OR GRANT RECIPIENT SHALL CERTIFY THAT (I) THE REQUESTED CONTRACT OR GRANT AGREEMENT IS FOR A LAWFUL PURPOSE AND THAT ALL FUNDS EXPENDED PURSUANT TO THE TERMS OF THE CONTRACT OR GRANT AGREE- MENT ARE INTENDED TO BE USED SOLELY AND DIRECTLY FOR THE PUBLIC PURPOSE OR PURPOSES SPECIFIED IN THE CONTRACT OR GRANT AGREEMENT; AND (II) NO KNOWN CONFLICTS OF INTEREST AS SET FORTH IN SECTION SEVENTY-FOUR OF THE PUBLIC OFFICERS LAW EXIST IN CONNECTION WITH THE CONTRACT OR GRANT AGREEMENT, PROVIDED THAT IF A REGIONAL ECONOMIC DEVELOPMENT COUNCIL OR ANY EXECUTIVE ENTITY THAT IS HEREAFTER CREATED TO ADVISE OR MAKE RECOM- MENDATIONS TO A STATE OFFICER, AGENCY OR PUBLIC AUTHORITY ON THE ALLO- CATION OR DISBURSEMENT OF STATE OR FEDERAL MONEYS ADVISES OR RECOMMENDS WITH RESPECT TO SUCH GRANT OR CONTRACT, THE GRANTEE OR CONTRACT RECIPI- ENT SHALL ALSO MAKE SUCH CERTIFICATION WITH RESPECT TO THE ENTITY ADVIS- ING OR RECOMMENDING THE GRANT OR CONTRACT. (B) FOR EACH CONTRACT OR GRANT PROPOSAL THE FOLLOWING INFORMATION HAS BEEN PUBLICLY POSTED FOR AT LEAST THIRTY DAYS PRIOR TO THE EXECUTION OF SUCH CONTRACT OR GRANT AGREEMENT AND, IF A REGIONAL ECONOMIC DEVELOPMENT COUNCIL OR ANY EXECUTIVE ENTITY THAT IS HEREAFTER CREATED TO ADVISE OR MAKE RECOMMENDATIONS TO A STATE OFFICER, AGENCY OR PUBLIC AUTHORITY ON THE ALLOCATION OR DISBURSEMENT OF STATE OR FEDERAL MONEYS ADVISES OR RECOMMENDS WITH RESPECT TO SUCH GRANT OR CONTRACT THE INFORMATION SHALL ALSO BE POSTED PRIOR TO TRANSMITTING SUCH RECOMMENDATION TO THE ADMINIS- TERING AGENCY: (I) THE LEGAL NAME OF THE PROPOSED CONTRACT OR GRANT RECIPIENT AND A DESCRIPTION OF THE PROJECT OR PROJECTS SUCH CONTRACT OR GRANT WILL BE USED FOR; (II) THE AMOUNT OF FUNDING PROPOSED; (III) THE PROPOSED ADMINISTERING AGENCY OR PUBLIC AUTHORITY; AND (IV) THE CERTIF- ICATION REQUIRED UNDER PARAGRAPH (A) OF THIS SUBDIVISION; AND (C) EXPENDITURES FOR CONTRACTS OR GRANT AGREEMENTS SHALL ONLY BE MADE TO PAY FOR OBLIGATIONS INCURRED UNDER AN EXECUTED CONTRACT OR GRANT AGREEMENT MEETING THE REQUIREMENTS OF PARAGRAPHS (A) AND (B) OF THIS SUBDIVISION IF THE INFORMATION REQUIRED IN PARAGRAPH (B) HAS BEEN PUBLICLY POSTED FOR THIRTY DAYS PRIOR TO THE EXECUTION OF THE CONTRACT OR GRANT AGREEMENT THROUGH THE DATE OF EXPENDITURE. S 5. This act shall take effect immediately; provided, however, that those incumbents who have not filed a disclosure form for the calendar year 2012 shall have 30 days from the effective date of section one of this act to file such form with the joint commission on public ethics. PART HH Section 1. Subdivision 1 of section 519 of the racing, pari-mutuel wagering and breeding law, paragraph e as amended by chapter 260 of the laws of 1987 and paragraphs f, g and h as amended by chapter 125 of the laws of 1997, is amended to read as follows: 1. "Region." One or more of the following named regions comprised of the counties indicated: a. Suffolk: Suffolk county; b. Nassau: Nassau county; c. [New York city: the five counties comprising the city of New York; d.] Catskill: Broome, Chemung, Chenango, Delaware, Orange, Rockland, Sullivan, Tioga, Dutchess, Tompkins, Westchester, Putnam [and], Ulster, RICHMOND, QUEENS, KINGS, BRONX AND NEW YORK counties; [e.] D. Capital District: Albany, Clinton, Columbia, Cortland, Essex, Franklin, Fulton, Greene, Hamilton, Herkimer, Madison, Montgomery, Onei- A. 8557--C 79 da, Otsego, Rensselaer, Saratoga, Schenectady, Schoharie, St. Lawrence, Warren and Washington counties; [f.] E. Central: Lewis and Onondaga counties; [g.] F. Western: Allegany, Cattaraugus, Cayuga, Chautauqua, Erie, Genesee, Jefferson, Livingston, Monroe, Niagara, Ontario, Orleans, Oswe- go, Schuyler, Seneca, Steuben, Wayne, Wyoming and Yates counties; [h.] G. Notwithstanding the other provisions of this subdivision, when and if the Central regional off-track betting corporation is estab- lished, it shall include, in addition to the counties listed in para- graph [f] E, the following: Cayuga, Chenango, Cortland, Franklin, Herkimer, Jefferson, Madison, Oneida, Oswego, Otsego and Tompkins coun- ties. S 2. The racing, pari-mutuel wagering and breeding law is amended by adding three new sections 517-a, 517-b and 517-c to read as follows: S 517-A. CATSKILL OFF-TRACK BETTING CORPORATION SITE SELECTION BOARD. 1. THE PURCHASE OR LEASE OF ANY PROPERTY TO BE USED IN WHOLE OR IN PART AS AN OFF-TRACK BETTING FACILITY BY THE CATSKILL OFF-TRACK BETTING CORPORATION IN THE CITY OF NEW YORK, SHALL BE CONDITIONED ON THE APPROVAL OF THE SITE SELECTION BOARD. FOR PURPOSES OF THIS SECTION, THE SITE SELECTION BOARD SHALL BE COMPOSED OF: THE CHIEF EXECUTIVE OFFICER OF THE URBAN DEVELOPMENT CORPORATION; A DESIGNEE OF THE MAYOR OF THE CITY OF NEW YORK; WITH RESPECT TO A BRANCH OFFICE LOCATED WHOLLY OR PARTLY WITHIN A BOROUGH OF THE CITY, THE PRESIDENT OR PRESIDENTS OF THE BOROUGH OR BOROUGHS, OR THE PRESIDENT'S DESIGNEE, IN WHICH THE PROPOSED SITE IS LOCATED; THE CHAIR OF THE COMMUNITY BOARD, OR THE CHAIR'S DESIG- NEE, REPRESENTING THE NEIGHBORHOOD IN WHICH THE PROPOSED SITE IS LOCATED; AND THE COMPTROLLER OF THE CITY OF NEW YORK, OR THE COMP- TROLLER'S DESIGNEE. 2. THE SITE SELECTION BOARD, AS DEFINED IN THIS SECTION SHALL OPERATE PURSUANT TO THE FOLLOWING PROCEDURES: A. EVERY ACT OF THE BOARD SHALL BE BY RESOLUTION ADOPTED BY A MAJORITY OF THE VOTES CAST BY ALL THE MEMBERS. NO RESOLUTION SHALL BE ADOPTED EXCEPT AFTER A PUBLIC HEARING, NOTICE OF WHICH SHALL BE PUBLISHED IN THE STATE REGISTER FOR SIX CONSECUTIVE BUSINESS DAYS AND IN A NEWSPAPER OF GENERAL CIRCULATION IN THE CITY FOR TWO CONSECUTIVE BUSINESS DAYS IMME- DIATELY PRECEDING SAID HEARING. B. MEETINGS OF THE SITE SELECTION BOARD SHALL BE CALLED EITHER: (I) AS DIRECTED BY THE BOARD UPON NOTICE THEREOF PUBLISHED IN THE STATE REGISTER FOR SIX CONSECUTIVE BUSINESS DAYS AND IN A NEWSPAPER OF GENERAL CIRCULATION IN THE CITY FOR TWO CONSECUTIVE BUSINESS DAYS; OR (II) UPON WRITTEN NOTICE TO THE BOARD BY THE PRESIDENT OF CATSKILL OFF-TRACK BETTING CORPORATION THAT A SITE FOR AN OFF-TRACK BETTING BRANCH OFFICE IS UNDER CONSIDERATION BY CATSKILL OFF-TRACK BETTING CORPORATION FOR LEASE OR ACQUISITION. A COPY OF SUCH WRITTEN NOTICE SHALL BE PUBLISHED IN THE STATE REGISTER FOR SIX CONSECUTIVE BUSINESS DAYS AND IN A NEWSPAPER OF GENERAL CIRCULATION IN THE CITY FOR TWO CONSECUTIVE BUSINESS DAYS. ALL MEETINGS OF THE BOARD SHALL BE WITHIN SEVEN CONSECUTIVE BUSINESS DAYS OF THE DATE ON WHICH NOTICE OF SAID MEETINGS IS FIRST PRINTED IN THE STATE REGISTER FOR SIX CONSECUTIVE BUSINESS DAYS AND IN A NEWSPAPER OF GENERAL CIRCULATION IN THE CITY FOR TWO CONSECUTIVE BUSINESS DAYS. C. THE SITE SELECTION BOARD SHALL HAVE POWER AND AUTHORITY TO ADOPT AND AMEND RULES AND REGULATIONS FOR THE CONDUCT OF ITS BUSINESS AND TO CARRY OUT ITS POWERS AND DUTIES; PROVIDED, HOWEVER, THAT THE BOARD SHALL ADOPT RULES WHICH REQUIRE BOARD ACTION ON A PROPOSED SITE WITHIN THIRTY DAYS OF THE BOARD'S PUBLIC HEARING PROVIDED FOR HEREIN AND THAT BY ITS A. 8557--C 80 FAILURE TO ACT WITHIN THIRTY DAYS THE BOARD SHALL BE DEEMED TO HAVE APPROVED THE SITE. 3. FOR PROPOSED SITES THAT HAD BEEN APPROVED PRIOR TO DECEMBER SIXTH, TWO THOUSAND TEN, THE PRESIDENT OF CATSKILL OFF-TRACK BETTING CORPO- RATION SHALL PROVIDE WRITTEN NOTICE TO THE SITE SELECTION BOARD THAT SUCH SITE IS UNDER CONSIDERATION BY CATSKILL OFF-TRACK BETTING CORPO- RATION FOR LEASE OR ACQUISITION. IF THE BOARD FAILS TO ACT WITHIN THIRTY DAYS OF RECEIVING SUCH WRITTEN NOTICE FROM THE PRESIDENT OF CATSKILL OFF-TRACK BETTING CORPORATION, THE BOARD SHALL BE DEEMED TO HAVE APPROVED THE SITE. NOTWITHSTANDING ANY INCONSISTENT PROVISIONS OF THIS SECTION, NO PUBLIC NOTICE OR PUBLIC HEARING SHALL BE REQUIRED PRIOR TO THE SITE SELECTION BOARD'S CONSIDERATION OF A SITE THAT HAD BEEN APPROVED PRIOR TO DECEMBER SIXTH, TWO THOUSAND TEN. S 517-B. CATSKILL OFF-TRACK BETTING CORPORATION: COLLECTIVE BARGAIN- ING. NOTWITHSTANDING ANY OTHER PROVISIONS OF LAW, TO THE EXTENT THAT CATSKILL OFF-TRACK BETTING CORPORATION OPENS FACILITIES WITHIN THE FIVE BOROUGHS OF THE CITY OF NEW YORK TO ENGAGE IN OFF-TRACK BETTING OR THE SUPPORT THEREOF, SUCH REGION SHALL RECOGNIZE THE COLLECTIVE BARGAINING REPRESENTATIVES OF THE EMPLOYEES OF THE NEW YORK CITY OFF-TRACK BETTING CORPORATION AS OF DECEMBER SIXTH, TWO THOUSAND TEN, AND SHALL ABIDE BY AGREEMENTS NEGOTIATED BETWEEN SUCH REPRESENTATIVES AND CATSKILL OFF-TRACK BETTING CORPORATION. NOTHING CONTAINED IN THIS SECTION SHALL BE CONSTRUED TO DIMINISH THE RIGHTS OF EMPLOYEES PURSUANT TO PARAGRAPH (E) OF SUBDIVISION ONE OF SECTION TWO HUNDRED NINE-A OF THE CIVIL SERVICE LAW. S 517-C. CATSKILL OFF-TRACK BETTING CORPORATION: BUSINESS PLAN. THE CATSKILL OFF-TRACK BETTING CORPORATION SHALL SUBMIT FOR APPROVAL TO THE RACING AND WAGERING BOARD, OR ITS SUCCESSOR, A BUSINESS PLAN, INCLUDING BUT NOT LIMITED TO, OUTLINING INVESTMENTS, PROJECTED OPERATING COSTS, PROJECTED REVENUES, PROJECTED LOCATIONS (BOTH BARS AND REAL-PROPERTY THAT WOULD NEED TO BE ACQUIRED), PROJECTED EMPLOYMENT NEEDS, PROJECTED CONTRACTS FOR SERVICES OR OTHER THIRD PARTIES, PROJECTED FORMS OF PARI- MUTUEL WAGERING AT EACH LOCATION, AS WELL AS OTHER DETAILS THE RACING AND WAGERING BOARD, OR ITS SUCCESSOR, DEEMS RELEVANT TO DETERMINE THE SUCCESS OF CATSKILL OFF-TRACK BETTING CORPORATION ACCEPTING BETS WITHIN THE FIVE BOROUGHS IN NEW YORK CITY. PRIOR TO FINAL APPROVAL, THE BOARD, OR IT SUCCESSOR, IS AUTHORIZED TO REQUIRE AMENDMENTS AND CLARIFICATIONS TO THE PLAN TO ENSURE THAT THE PLAN IS FINANCIALLY FEASIBLE; THE LABOR AGREEMENTS ARE HONORED; AND THAT THE INTERESTS OF THE BETTING PUBLIC ARE CONSIDERED. CATSKILL OFF-TRACK BETTING CORPORATION SHALL NOT BE AUTHORIZED TO IMPLEMENT ANY PART OF SUCH PLAN UNTIL THE RACING AND WAGERING BOARD, OR ITS SUCCESSOR, APPROVES OF SUCH PLAN. THE RACING AND WAGERING BOARD, OR ITS SUCCESSOR, SHALL ACT ON THE CATSKILL OFF-TRACK BETTING CORPORATION'S PLAN AS SOON AS PRACTICAL BUT NO LATER THAN THIRTY DAYS AFTER THE PLAN HAS BEEN FULLY SUBMITTED TO THE BOARD, OR ITS SUCCESSOR. S 3. Subdivision 7 of section 532 of the racing, pari-mutuel wagering and breeding law is REPEALED. S 4. Notwithstanding any inconsistent provision of this chapter, any payments that the Catskill off-track betting corporation would otherwise make to the counties of Richmond, Queens, Kings, Bronx and New York pursuant to the racing, pari-mutuel wagering and breeding law shall be payable to the general fund of the city of New York. S 5. Notwithstanding any other provision of law or regulation to the contrary, two and one-half million dollars in Catskill off-track betting corporation's capital acquisition fund established pursuant to section A. 8557--C 81 509-a of the racing, pari-mutuel wagering and breeding law shall be available to Catskill off-track betting corporation for any corporate purpose. If Catskill off-track betting corporation chooses to utilize up to two and one-half million dollars in its capital acquisition fund for corpo- rate purposes, it shall do so by providing written notification to the racing and wagering board, or its successor, at least fifteen days in advance of its decision to utilize monies for corporate purposes. During such time that Catskill off-track betting corporation uses its monies for corporate purposes, it shall not be authorized to impose the supple- mental one per centum surcharge established by subdivision 3-a of section 532 of the racing, pari-mutuel wagering and breeding law. Catskill off-track betting corporation may use its monies for corpo- rate purposes until the two and one-half million dollars authorized by this section have been exhausted or until such time that the corporation elects to discontinue such corporate use and has notified the racing and wagering board, or its successor, in writing of its decision. The supplemental one per centum surcharge established by subdivision 3-a of section 532 of the racing, pari-mutuel wagering and breeding law shall only be reinstated one year following: (i) Catskill off-track betting corporation's written notification of discontinuance to the racing and wagering board, or its successor; or (ii) one year following exhaustion of the two and one-half million dollars authorized by this section. Once the supplemental surcharge has been reimposed, the capital acquisition fund shall only be used for the purposes enumerated within section 509-a of the racing, pari-mutuel wagering and breeding law. S 6. This act shall take effect immediately. S 2. Severability clause. If any clause, sentence, paragraph, subdivi- sion, section or part of this act shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair, or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph, subdivision, section or part thereof directly involved in the controversy in which such judg- ment shall have been rendered. It is hereby declared to be the intent of the legislature that this act would have been enacted even if such invalid provisions had not been included herein. S 3. This act shall take effect immediately provided, however, that the applicable effective date of Parts A through HH of this act shall be as specifically set forth in the last section of such Parts.
2013-A8557D (ACTIVE) - Details
- See Senate Version of this Bill:
- S6357
- Law Section:
- Budget Bills
- Laws Affected:
- Amd Various Laws, generally
2013-A8557D (ACTIVE) - Summary
Enacts into law major components of legislation necessary to implement the transportation, economic development and environmental conservation budget for the 2014-2015 state fiscal year; amends the highway law and chapter 329 of the laws of 1991, amending the state finance law and other laws relating to the establishment of the dedicated highway and bridge trust fund, in relation to the consolidated local street and highway improvement program (CHIPS), suburban highway improvement program (SHIPS), multi-modal and Marchiselli programs; repeals certain provisions of chapter 329 of the laws of 1991 relating thereto (Part A); amends part U1 of chapter 62 of the laws of 2003 amending the vehicle and traffic law and other laws relating to increasing certain motor vehicle transaction fees, in relation to the effectiveness thereof
2013-A8557D (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ S. 6357--D A. 8557--D S E N A T E - A S S E M B L Y January 21, 2014 ___________ IN SENATE -- A BUDGET BILL, submitted by the Governor pursuant to arti- cle seven of the Constitution -- read twice and ordered printed, and when printed to be committed to the Committee on Finance -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee IN ASSEMBLY -- A BUDGET BILL, submitted by the Governor pursuant to article seven of the Constitution -- read once and referred to the Committee on Ways and Means -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee -- again reported from said committee with amendments, ordered reprinted as amended and recommitted to said committee -- again reported from said committee with amendments, ordered reprinted as amended and recommitted to said committee -- again reported from said committee with amendments, ordered reprinted as amended and recommitted to said committee AN ACT to amend the highway law and to amend chapter 329 of the laws of 1991, amending the state finance law and other laws relating to the establishment of the dedicated highway and bridge trust fund, in relation to the consolidated local street and highway improvement program (CHIPS), suburban highway improvement program (SHIPS), multi- modal and Marchiselli programs; and to repeal certain provisions of chapter 329 of the laws of 1991 relating thereto (Part A); inten- tionally omitted (Part B); to amend part U1 of chapter 62 of the laws of 2003 amending the vehicle and traffic law and other laws relating to increasing certain motor vehicle transaction fees, in relation to the effectiveness thereof; to amend chapter 84 of the laws of 2002, amending the state finance law relating to the costs of the department of motor vehicles, in relation to permanently authorizing payment of department of motor vehicle costs from the dedicated highway and bridge trust fund; to amend the transportation law, in relation to disposition of revenues; to amend the highway law, in relation to disposition of fees charged in connection with outdoor advertising on EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted. LBD12673-06-4 S. 6357--D 2 A. 8557--D highways; and to amend the state finance law, in relation to the dedi- cation of revenues and the costs of rail and truck regulation (Part C); intentionally omitted (Part D); to amend chapter 751 of the laws of 2005, amending the insurance law and the vehicle and traffic law, relating to establishing the accident prevention course internet tech- nology pilot program, in relation to the effectiveness thereof (Part E); intentionally omitted (Part F); intentionally omitted (Part G); to amend the environmental conservation law, in relation to pesticide registration time frames and fees; and to amend chapter 67 of the laws of 1992 amending the environmental conservation law relating to pesti- cide product registration timetables and fees, in relation to the effectiveness thereof (Part H); intentionally omitted (Part I); inten- tionally omitted (Part J); to authorize the New York state energy research and development authority to finance a portion of its research, development and demonstration and policy and planning programs from assessments on gas and electric corporations (Part K); to authorize and direct the New York state energy research and devel- opment authority to make a payment to the general fund of up to $913,000 (Part L); to amend the public authorities law, in relation to a grant program for power transfer switches on gas stations located within one-half mile from a strategic upstate highway (Part M); to amend chapter 21 of the laws of 2003, amending the executive law relating to permitting the secretary of state to provide special handling for all documents filed or issued by the division of corpo- rations and to permit additional levels of such expedited service, in relation to extending the expiration date thereof (Part N); to amend the business corporation law and the not-for-profit corporation law, in relation to the transmission of incorporation certificates to coun- ty clerks (Part O); to amend the executive law, in relation to the national registry fee (Part P); to authorize the department of health to finance certain activities with revenues generated from an assess- ment on cable television companies (Part Q); to amend the public service law, in relation to transfers of cable franchises and provid- ing for the repeal of such provisions upon expiration thereof (Part R); to amend the public service law, in relation to the temporary state energy and utility service conservation assessment (Part S); intentionally omitted (Part T); intentionally omitted (Part U); to amend the insurance law, in relation to the licensing of agents of authorized title insurance corporations; and to repeal certain provisions of the insurance law relating thereto (Part V); to amend chapter 58 of the laws of 2012 amending the public authorities law relating to authorizing the dormitory authority to enter into certain design and construction management agreements, in relation to extend- ing certain authority of the dormitory authority of the state of New York (Part W); to amend chapter 584 of the laws of 2011, amending the public authorities law relating to the powers and duties of the dormi- tory authority of the state of New York relative to the establishment of subsidiaries for certain purposes, in relation to the effectiveness thereof (Part X); to amend the public health law, in relation to fees in connection with certain health care facility financings; and to repeal section 2976-a of the public authorities law relating thereto (Part Y); to amend the New York state urban development corporation act, in relation to extending certain provisions relating to the empire state economic development fund (Part Z); to amend chapter 393 of the laws of 1994, amending the New York state urban development corporation act, relating to the powers of the New York state urban S. 6357--D 3 A. 8557--D development corporation to make loans, in relation to the effective- ness thereof (Part AA); to amend the agriculture and markets law, in relation to voluntary cattle health programs (Part BB); enacting the "Rockland Bergen Flood Mitigation act" and creating the Rockland Bergen Flood Mitigation Task Force; and providing for the repeal of such provisions upon expiration thereof (Part CC); to amend the envi- ronmental conservation law, in relation to retrofit technology for diesel-fueled vehicles (Part DD); to direct the department of public service and the New York state energy research and development author- ity to review existing energy efficiency programs (Part EE); to amend the state finance law, in relation to authorizing and directing the comptroller to transfer funds from the general fund for deposit into the public transportation system operating assistance account (Part FF); and to amend chapter 495 of the laws of 2004 amending the insur- ance law and the public health law relating to the New York state health insurance continuation assistance demonstration project, in relation to the effectiveness of such provisions (Part GG) THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. This act enacts into law major components of legislation which are necessary to implement the state fiscal plan for the 2014-2015 state fiscal year. Each component is wholly contained within a Part identified as Parts A through GG. The effective date for each particular provision contained within such Part is set forth in the last section of such Part. Any provision in any section contained within a Part, includ- ing the effective date of the Part, which makes a reference to a section "of this act", when used in connection with that particular component, shall be deemed to mean and refer to the corresponding section of the Part in which it is found. Section three of this act sets forth the general effective date of this act. PART A Section 1. Subdivision (d) of section 11 of chapter 329 of the laws of 1991 amending the state finance law and other laws relating to the establishment of the dedicated highway and bridge trust fund, as amended by section 4 of part A of chapter 58 of the laws of 2012, is amended to read as follows: (d) Any such service contract (i) shall provide that the obligation of the director of the budget or the state to fund or to pay the amounts therein provided for shall not constitute a debt of the state within the meaning of any constitutional or statutory provisions in the event the thruway authority assigns or pledges service contract payments as secu- rity for its bonds or notes, (ii) shall be deemed executory only to the extent moneys are available and SHALL PROVIDE that no liability shall be incurred by the state beyond the moneys available for the purpose, and that such obligation is subject to annual appropriation by the legisla- ture, and (iii) shall provide that no funds shall be made available from the proceeds of bonds or notes issued pursuant to this chapter unless the commissioner of transportation has certified to the [chairman of the thruway authority] DIRECTOR OF THE BUDGET that such funds shall be used exclusively for the purposes authorized by subdivision (a) of this section, and/or construction, reconstruction or improvement of local S. 6357--D 4 A. 8557--D highways, bridges and/or highway-railroad crossings, including right of way acquisition, preliminary engineering, and construction supervision and inspection, where the service life of the project is at least ten years or where the project is: (1) microsurfacing, (2) paver placed surface treatment, (3) single course surface treatment involving chip seals and oil and stone and (4) double course surface treatment involv- ing chip seals and oil and stone, and unless [the director of the budget has certified to the chairman of the thruway authority that] a spending plan has been submitted by the commissioner of transportation and has been approved by the director of the budget. S 2. Subdivision (g) of section 15 of chapter 329 of the laws of 1991, as added by section 9 of chapter 330 of the laws of 1991, is REPEALED, and subdivision (f) of section 15 of chapter 329 of the laws of 1991, amending the state finance law and other laws relating to the establish- ment of the dedicated highway and bridge trust fund, as added by section 9 of chapter 330 of the laws of 1991, is amended to read as follows: (f) The commissioner of transportation shall certify to the [New York state thruway authority] DIRECTOR OF THE BUDGET AND THE COMPTROLLER amounts eligible for repayments as specified herein. Such certification shall include any such information as may be necessary to maintain the federal tax exempt status of bonds, notes or other obligations issued by the New York state thruway authority pursuant to section 380 of the public authorities law. S 3. Subdivision 1 of section 80-b of the highway law, as amended by chapter 161 of the laws of 2008, is amended to read as follows: 1. In connection with the undertaking of any project for which the commissioner is authorized to use moneys of the federal government pursuant to the provisions of subdivision thirty-four-a of section ten and section eighty of this chapter to assure the effective discharge of state responsibilities with respect to regional transportation needs, on highways, roads, streets, bicycle paths or pedestrian paths that are not on the state highway system, the commissioner shall submit such project to the governing body or bodies of the affected municipality or munici- palities together with estimates of costs thereof. If such project includes a municipal project, as that term is defined in accordance with article thirteen of the transportation law, the state share of such municipal project shall also be included. If such project includes a project affecting a highway, road, street, bicycle path or pedestrian path not on the state highway system, the state share shall be equal to eighty percent of the difference between the total project cost and the federal assistance, provided, however, the commissioner may increase the state share to an amount equal to one hundred percent of the difference between the total project cost and the federal assistance where he determines that the need for the project results substantially from actions undertaken pursuant to section ten of this chapter. [Except for individual projects where the non-federal share of a federally aided municipal project is less than five thousand dollars, no state or local shares of municipal streets and highways projects shall be payable from the non-fiduciary funds of the capital projects budget of the depart- ment.] No such project shall proceed without the approval of the govern- ing body of a municipality. Such governing body may request the commis- sioner to undertake the provision of such project. If the commissioner agrees to such undertaking he shall notify the local governing body which shall appropriate sufficient moneys to pay the estimated amount of the municipal share. Such moneys shall be deposited with the state comp- troller who is authorized to receive and accept the same for the S. 6357--D 5 A. 8557--D purposes of such project, subject to the draft or requisition of the commissioner. When the work of such project has been completed, the commissioner shall render to the governing body of such municipality an itemized statement showing in full (a) the amount of money that has been deposited by such municipality with the state comptroller as hereinbe- fore provided, and (b) all disbursements made pursuant to this section for such project. Any surplus moneys shall be paid to such municipality on the warrant of the comptroller on vouchers therefor approved by the commissioner. When the work of such project has been completed and it is determined by the commissioner that the amount of the cost to be borne by the municipality is in excess of the amount deposited by such munici- pality with the state comptroller, the commissioner shall then notify the municipality of the deficiency of funds. The municipality shall then within ninety days of the receipt of such notice, pay such amount to the state comptroller. For purposes of this section, the term "municipality" shall include a city, county, town, village or two or more of the fore- going acting jointly. S 4. Subdivision (e) of section 16 of chapter 329 of the laws of 1991, amending the state finance law and other laws relating to the establish- ment of a dedicated highway and bridge trust fund, as added by section 9 of chapter 330 of the laws of 1991, is REPEALED. S 5. Subdivision (e) of section 16-a of chapter 329 of the laws of 1991, amending the state finance law and other laws relating to the establishment of a dedicated highway and bridge trust fund, as added by section 9 of chapter 330 of the laws of 1991, is REPEALED. S 6. Paragraph (a) of subdivision 5 of section 10-f of the highway law, as added by chapter 725 of the laws of 1993, is amended to read as follows: (a) Funding of municipal projects will be made upon the application for funding of prior expenditures in a format prescribed by the commis- sioner. [Funding of qualifying municipal project expenditures shall be made from the proceeds of bonds, notes or other obligations issued pursuant to section three hundred eighty of the public authorities law.] Such funding of state projects may be pursuant to agreements between the commissioner and the New York state thruway authority and may be from the proceeds of bonds, notes or other obligations issued pursuant to section three hundred eighty-five of the public authorities law. S 7. Paragraph (a) of subdivision 5 of section 10-g of the highway law, as added by chapter 725 of the laws of 1993, is amended to read as follows: (a) Funding of municipal projects will be made upon the application for funding of prior expenditures in a format prescribed by the commis- sioner. [Funding of qualifying municipal project expenditures shall be made from the proceeds of bonds, notes or other obligations issued pursuant to section three hundred eighty of the public authorities law.] Such funding of state projects may be pursuant to agreements between the commissioner and the New York state thruway authority and may be from the proceeds of bonds, notes or other obligations issued pursuant to section three hundred eighty-five of the public authorities law. S 8. This act shall take effect immediately. PART B Intentionally Omitted S. 6357--D 6 A. 8557--D PART C Section 1. Section 13 of part U1 of chapter 62 of the laws of 2003 amending the vehicle and traffic law and other laws relating to increas- ing certain motor vehicle transaction fees, as amended by section 2 of part B of chapter 58 of the laws of 2013, is amended to read as follows: S 13. This act shall take effect immediately; provided however that sections one through seven of this act, the amendments to subdivision 2 of section 205 of the tax law made by section eight of this act, and section nine of this act shall expire and be deemed repealed on [March 31] APRIL 1, 2015; provided further, however, that the amendments to subdivision 3 of section 205 of the tax law made by section eight of this act shall expire and be deemed repealed on March 31, 2018; provided further, however, that the provisions of section eleven of this act shall take effect April 1, 2004 and shall expire and be deemed repealed on [March 31] APRIL 1, 2015. S 2. Section 2 of part B of chapter 84 of the laws of 2002, amending the state finance law relating to the costs of the department of motor vehicles, as amended by section 1 of part E of chapter 59 of the laws of 2009, is amended to read as follows: S 2. This act shall take effect April 1, 2002; provided, however, if this act shall become a law after such date it shall take effect imme- diately and shall be deemed to have been in full force and effect on and after April 1, 2002; provided further, however, that this act shall expire and be deemed repealed on [March 31] APRIL 1, 2015. S 3. Subdivision 4 of section 94 of the transportation law, as amended by section 1 of part D of chapter 101 of the laws of 2001, is amended to read as follows: 4. All fees charged and collected by the commissioner hereunder shall be deposited [to the miscellaneous special revenue fund - transportation regulation account for the purposes established in this section] BY THE COMPTROLLER INTO THE SPECIAL OBLIGATION RESERVE AND PAYMENT ACCOUNT OF THE DEDICATED HIGHWAY AND BRIDGE TRUST FUND ESTABLISHED PURSUANT TO SECTION EIGHTY-NINE-B OF THE STATE FINANCE LAW FOR THE PURPOSES ESTAB- LISHED IN THIS SECTION. S 4. Subdivision 4 of section 135 of the transportation law, as added by chapter 166 of the laws of 1991, is amended to read as follows: 4. All revenues collected pursuant to this section shall be deposited [to the miscellaneous special revenue fund--rail safety inspection account] BY THE COMPTROLLER INTO THE SPECIAL OBLIGATION RESERVE AND PAYMENT ACCOUNT OF THE DEDICATED HIGHWAY AND BRIDGE TRUST FUND ESTAB- LISHED PURSUANT TO SECTION EIGHTY-NINE-B OF THE STATE FINANCE LAW for the purposes established in this section. Fees will be based on reven- ues from the preceding calendar year and shall be assessed on or before July first and are payable by September first of each year. On or before January first of each year following assessment of fees pursuant to this section, the commissioner shall report to the railroad companies annual costs associated with this assessment. S 5. Subdivision 5 of section 144 of the transportation law, as added by chapter 635 of the laws of 1983, is amended to read as follows: 5. For furnishing a certification of any paper, record or official document, one dollar. No fees shall be charged or collected for copies of papers, records or official documents, furnished to public officers for use in their official capacity, or for the annual reports of the commissioner in the ordinary course of distribution, but the commission- er may fix reasonable charges for copies of papers, records, official S. 6357--D 7 A. 8557--D documents and other publications furnished or issued to others under this authority. All fees charged and collected by the commissioner [shall belong to the people of the state and shall be paid monthly, accompanied by a detailed statement thereof, into the treasury of the state to the credit of the general fund] PURSUANT TO THIS SECTION SHALL BE DEPOSITED BY THE COMPTROLLER INTO THE SPECIAL OBLIGATION RESERVE AND PAYMENT ACCOUNT OF THE DEDICATED HIGHWAY AND BRIDGE TRUST FUND ESTAB- LISHED PURSUANT TO SECTION EIGHTY-NINE-B OF THE STATE FINANCE LAW. S 6. Section 145 of the transportation law is amended by adding a new subdivision 8 to read as follows: 8. ALL PENALTIES CHARGED AND COLLECTED BY THE COMMISSIONER PURSUANT TO THIS SECTION SHALL BE DEPOSITED BY THE COMPTROLLER INTO THE SPECIAL OBLIGATION RESERVE AND PAYMENT ACCOUNT OF THE DEDICATED HIGHWAY AND BRIDGE TRUST FUND ESTABLISHED PURSUANT TO SECTION EIGHT-NINE-B OF THE STATE FINANCE LAW. S 7. Section 88 of the highway law is amended by adding a new subdivi- sion 13 to read as follows: 13. ALL FEES COLLECTED BY THE COMMISSIONER PURSUANT TO THIS SECTION SHALL BE DEPOSITED BY THE COMPTROLLER INTO THE SPECIAL OBLIGATION RESERVE AND PAYMENT ACCOUNT OF THE DEDICATED HIGHWAY AND BRIDGE TRUST FUND ESTABLISHED PURSUANT TO SECTION EIGHTY-NINE-B OF THE STATE FINANCE LAW. S 8. Paragraph (a) of subdivision 3 of section 89-b of the state finance law, as amended by section 2 of part B of chapter 58 of the laws of 2012, is amended to read as follows: (a) The special obligation reserve and payment account shall consist (i) of all moneys required to be deposited in the dedicated highway and bridge trust fund pursuant to the provisions of sections two hundred five, two hundred eighty-nine-e, three hundred one-j, five hundred fifteen and eleven hundred sixty-seven of the tax law, section four hundred one of the vehicle and traffic law, and section thirty-one of chapter fifty-six of the laws of nineteen hundred ninety-three, (ii) all fees, fines or penalties collected by the commissioner of transportation pursuant to section fifty-two, section three hundred twenty-six, [and subdivisions five, eight and twelve of] section eighty-eight of the highway law, subdivision fifteen of section three hundred eighty-five of the vehicle and traffic law, section two of the chapter of the laws of two thousand three that amended this paragraph, subdivision (d) of section three hundred four-a, paragraph one of subdivision (a) and subdivision (d) of section three hundred five, subdivision six-a of section four hundred fifteen and subdivision (g) of section twenty-one hundred twenty-five of the vehicle and traffic law, section fifteen of this chapter, excepting moneys deposited with the state on account of betterments performed pursuant to subdivision twenty-seven or subdivi- sion thirty-five of section ten of the highway law, AND SECTIONS NINE- TY-FOUR, ONE HUNDRED THIRTY-FIVE, ONE HUNDRED FORTY-FOUR AND ONE HUNDRED FORTY-FIVE OF THE TRANSPORTATION LAW, (iii) any moneys collected by the department of transportation for services provided pursuant to agree- ments entered into in accordance with section ninety-nine-r of the general municipal law, and (iv) any other moneys collected therefor or credited or transferred thereto from any other fund, account or source. S 9. Paragraph (a) of subdivision 3 of section 89-b of the state finance law, as amended by section 3 of part B of chapter 58 of the laws of 2012, is amended to read as follows: (a) The special obligation reserve and payment account shall consist (i) of all moneys required to be deposited in the dedicated highway and S. 6357--D 8 A. 8557--D bridge trust fund pursuant to the provisions of sections two hundred eighty-nine-e, three hundred one-j, five hundred fifteen and eleven hundred sixty-seven of the tax law, section four hundred one of the vehicle and traffic law, and section thirty-one of chapter fifty-six of the laws of nineteen hundred ninety-three, (ii) all fees, fines or penalties collected by the commissioner of transportation pursuant to section fifty-two, section three hundred twenty-six, [and subdivisions five, eight and twelve of] section eighty-eight of the highway law, subdivision fifteen of section three hundred eighty-five of the vehicle and traffic law, section fifteen of this chapter, excepting moneys deposited with the state on account of betterments performed pursuant to subdivision twenty-seven or subdivision thirty-five of section ten of the highway law, AND SECTIONS NINETY-FOUR, ONE HUNDRED THIRTY-FIVE, ONE HUNDRED FORTY-FOUR AND ONE HUNDRED FORTY-FIVE OF THE TRANSPORTATION LAW (iii) any moneys collected by the department of transportation for services provided pursuant to agreements entered into in accordance with section ninety-nine-r of the general municipal law, and (iv) any other moneys collected therefor or credited or transferred thereto from any other fund, account or source. S 10. Paragraph a of subdivision 5 of section 89-b of the state finance law, as amended by section 60 of part HH of chapter 57 of the laws of 2013, is amended to read as follows: a. Moneys in the dedicated highway and bridge trust fund shall, following appropriation by the legislature, be utilized for: recon- struction, replacement, reconditioning, restoration, rehabilitation and preservation of state, county, town, city and village roads, highways, parkways, and bridges thereon, to restore such facilities to their intended functions; construction, reconstruction, enhancement and improvement of state, county, town, city, and village roads, highways, parkways, and bridges thereon, to address current and projected capacity problems including costs for traffic mitigation activities; aviation projects authorized pursuant to section fourteen-j of the transportation law and for payments to the general debt service fund of amounts equal to amounts required for service contract payments related to aviation projects as provided and authorized by section three hundred eighty-six of the public authorities law; programs to assist small and minority and women-owned firms engaged in transportation construction and recon- struction projects, including a revolving fund for working capital loans, and a bonding guarantee assistance program in accordance with provisions of this chapter; matching federal grants or apportionments to the state for highway, parkway and bridge capital projects; the acquisi- tion of real property and interests therein required or expected to be required in connection with such projects; preventive maintenance activ- ities necessary to ensure that highways, parkways and bridges meet or exceed their optimum useful life; expenses of control of snow and ice on state highways by the department of transportation including but not limited to personal services, nonpersonal services and fringe benefits, payment of emergency aid for control of snow and ice in municipalities pursuant to section fifty-five of the highway law, expenses of control of snow and ice on state highways by municipalities pursuant to section twelve of the highway law, and for expenses of arterial maintenance agreements with cities pursuant to section three hundred forty-nine of the highway law; personal services, NONPERSONAL SERVICES, and fringe benefit costs of the department of transportation for bus safety inspection activities, RAIL SAFETY INSPECTION ACTIVITIES, AND TRUCK SAFETY INSPECTION ACTIVITIES; costs of the department of motor vehicles, S. 6357--D 9 A. 8557--D including but not limited to personal and nonpersonal services; costs of engineering and administrative services of the department of transporta- tion, including but not limited to fringe benefits; the contract services provided by private firms in accordance with section fourteen of the transportation law; personal services and nonpersonal services, for activities including but not limited to the preparation of designs, plans, specifications and estimates; construction management and super- vision activities; costs of appraisals, surveys, testing and environ- mental impact statements for transportation projects; expenses in connection with buildings, equipment, materials and facilities used or useful in connection with the maintenance, operation, and repair of highways, parkways and bridges thereon; and project costs for: construction, reconstruction, improvement, reconditioning and preserva- tion of rail freight facilities and intercity rail passenger facilities and equipment; construction, reconstruction, improvement, reconditioning and preservation of state, municipal and privately owned ports; construction, reconstruction, improvement, reconditioning and preserva- tion of municipal airports; privately owned airports and aviation capi- tal facilities, excluding airports operated by the state or operated by a bi-state municipal corporate instrumentality for which federal funding is not available provided the project is consistent with an approved airport layout plan; and construction, reconstruction, enhancement, improvement, replacement, reconditioning, restoration, rehabilitation and preservation of state, county, town, city and village roads, high- ways, parkways and bridges; and construction, reconstruction, improve- ment, reconditioning and preservation of fixed ferry facilities of municipal and privately owned ferry lines for transportation purposes, and the payment of debt service required on any bonds, notes or other obligations and related expenses for highway, parkway, bridge and project costs for: construction, reconstruction, improvement, recondi- tioning and preservation of rail freight facilities and intercity rail passenger facilities and equipment; construction, reconstruction, improvement, reconditioning and preservation of state, municipal and privately owned ports; construction, reconstruction, improvement, recon- ditioning and preservation of municipal airports; privately owned airports and aviation capital facilities, excluding airports operated by the state or operated by a bi-state municipal corporate instrumentality for which federal funding is not available provided the project is consistent with an approved airport layout plan; construction, recon- struction, enhancement, improvement, replacement, reconditioning, resto- ration, rehabilitation and preservation of state, county, town, city and village roads, highways, parkways and bridges; and construction, recon- struction, improvement, reconditioning and preservation of fixed ferry facilities of municipal and privately owned ferry lines for transporta- tion purposes, purposes authorized on or after the effective date of this section. Beginning with disbursements made on and after the first day of April, nineteen hundred ninety-three, moneys in such fund shall be available to pay such costs or expenses made pursuant to appropri- ations or reappropriations made during the state fiscal year which began on the first of April, nineteen hundred ninety-two. Beginning the first day of April, nineteen hundred ninety-three, moneys in such fund shall also be used for transfers to the general debt service fund and the revenue bond tax fund of amounts equal to that respectively required for service contract and financing agreement payments as provided and authorized by section three hundred eighty of the public authorities law, section eleven of chapter three hundred twenty-nine of the laws of S. 6357--D 10 A. 8557--D nineteen hundred ninety-one, as amended, and sections sixty-eight-c and sixty-nine-o of this chapter. S 11. Paragraph a of subdivision 5 of section 89-b of the state finance law, as amended by section 60-a of part HH of chapter 57 of the laws of 2013, is amended to read as follows: a. Moneys in the dedicated highway and bridge trust fund shall, following appropriation by the legislature, be utilized for: recon- struction, replacement, reconditioning, restoration, rehabilitation and preservation of state, county, town, city and village roads, highways, parkways, and bridges thereon, to restore such facilities to their intended functions; construction, reconstruction, enhancement and improvement of state, county, town, city, and village roads, highways, parkways, and bridges thereon, to address current and projected capacity problems including costs for traffic mitigation activities; aviation projects authorized pursuant to section fourteen-j of the transportation law and for payments to the general debt service fund of amounts equal to amounts required for service contract payments related to aviation projects as provided and authorized by section three hundred eighty-six of the public authorities law; programs to assist small and minority and women-owned firms engaged in transportation construction and recon- struction projects, including a revolving fund for working capital loans, and a bonding guarantee assistance program in accordance with provisions of this chapter; matching federal grants or apportionments to the state for highway, parkway and bridge capital projects; the acquisi- tion of real property and interests therein required or expected to be required in connection with such projects; preventive maintenance activ- ities necessary to ensure that highways, parkways and bridges meet or exceed their optimum useful life; expenses of control of snow and ice on state highways by the department of transportation including but not limited to personal services, nonpersonal services and fringe benefits, payment of emergency aid for control of snow and ice in municipalities pursuant to section fifty-five of the highway law, expenses of control of snow and ice on state highways by municipalities pursuant to section twelve of the highway law, and for expenses of arterial maintenance agreements with cities pursuant to section three hundred forty-nine of the highway law; personal services, NONPERSONAL SERVICES, and fringe benefit costs of the department of transportation for bus safety inspection activities, RAIL SAFETY INSPECTION ACTIVITIES, AND TRUCK SAFETY INSPECTION ACTIVITIES; costs of engineering and administrative services of the department of transportation, including but not limited to fringe benefits; the contract services provided by private firms in accordance with section fourteen of the transportation law; personal services and nonpersonal services, for activities including but not limited to the preparation of designs, plans, specifications and esti- mates; construction management and supervision activities; costs of appraisals, surveys, testing and environmental impact statements for transportation projects; expenses in connection with buildings, equip- ment, materials and facilities used or useful in connection with the maintenance, operation, and repair of highways, parkways and bridges thereon; and project costs for: construction, reconstruction, improve- ment, reconditioning and preservation of rail freight facilities and intercity rail passenger facilities and equipment; construction, recon- struction, improvement, reconditioning and preservation of state, munic- ipal and privately owned ports; construction, reconstruction, improve- ment, reconditioning and preservation of municipal airports; privately owned airports and aviation capital facilities, excluding airports oper- S. 6357--D 11 A. 8557--D 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- ly owned ferry lines for transportation purposes, purposes authorized on or after the effective date of this section. Beginning with disburse- ments made on and after the first day of April, nineteen hundred nine- ty-three, moneys in such fund shall be available to pay such costs or expenses made pursuant to appropriations or reappropriations made during the state fiscal year which began on the first of April, nineteen hundred ninety-two. Beginning the first day of April, nineteen hundred ninety-three, moneys in such fund shall also be used for transfers to the general debt service fund and the revenue bond tax fund of amounts equal to that respectively required for service contract and financing agreement payments as provided and authorized by section three hundred eighty of the public authorities law, section eleven of chapter three hundred twenty-nine of the laws of nineteen hundred ninety-one, as amended, and sections sixty-eight-c and sixty-nine-o of this chapter. S 12. This act shall take effect immediately, provided that the amendments to paragraph (a) of subdivision 3 of section 89-b of the state finance law made by section eight of this act shall be subject to the expiration and reversion of such paragraph pursuant to section 13 of part U1 of chapter 62 of the laws of 2003, as amended, when upon such date the provisions of section nine of this act shall take effect; and provided further that the amendments to paragraph a of subdivision 5 of section 89-b of the state finance law made by section ten of this act shall be subject to the expiration and reversion of such paragraph pursuant to section 2 of part B of chapter 84 of the laws of 2002, as amended, when upon such date the provisions of section eleven of this act shall take effect. PART D Intentionally Omitted S. 6357--D 12 A. 8557--D PART E Section 1. Section 5 of chapter 751 of the laws of 2005, amending the insurance law and the vehicle and traffic law, relating to establishing the accident prevention course internet technology pilot program, is amended to read as follows: S 5. This act shall take effect on the one hundred eightieth day after it shall have become a law and shall expire and be deemed repealed [five years after the date that the accident prevention course internet, and other technology pilot program is established and implemented by the commissioner of motor vehicles pursuant to article 12-C of the vehicle and traffic law, as added by section three of this act] MAY 31, 2019; provided that any rules and regulations necessary to implement the provisions of this act on its effective date are authorized and directed to be completed on or before such date[; and provided, further, that the commissioner of motor vehicles shall notify the legislative bill draft- ing commission of the date he or she establishes and implements the accident prevention course internet technology pilot program pursuant to article 12-C of the vehicle and traffic law, as added by section three of this act, in order that such commission may maintain an accurate and timely effective data base of the official text of the laws of the state of New York in furtherance of effecting the provisions of section 44 of the legislative law and section 70-b of the public officers law]. S 2. This act shall take effect immediately. PART F Intentionally Omitted PART G Intentionally Omitted PART H Section 1. Section 33-0705 of the environmental conservation law, as amended by section 2 of part S of chapter 60 of the laws of 2011, is amended to read as follows: S 33-0705. Fee for registration. The applicant for registration shall pay a fee as follows: a. On or before July 1, [2014] 2017, six hundred dollars for each pesticide proposed to be registered, provided that the applicant has submitted to the department proof in the form of a federal income tax return for the previous year showing gross annual sales, for federal income tax purposes, of three million five hundred thousand dollars or less; b. On or before July 1, [2014] 2017, for all others, six hundred twen- ty dollars for each pesticide proposed to be registered; c. After July 1, [2014] 2017, fifty dollars for each pesticide proposed to be registered. S 2. Section 9 of chapter 67 of the laws of 1992, amending the envi- ronmental conservation law relating to pesticide product registration timetables and fees, as amended by section 1 of part S of chapter 60 of the laws of 2011, is amended to read as follows: S. 6357--D 13 A. 8557--D S 9. This act shall take effect April 1, 1992 provided, however, that section three of this act shall take effect July 1, 1993 and shall expire and be deemed repealed on July 1, [2014] 2017. S 3. This act shall take effect immediately and shall be deemed to have been in full force and effect on and after April 1, 2014. PART I Intentionally Omitted PART J Intentionally Omitted PART K Section 1. Expenditures of moneys appropriated in a chapter of the laws of 2014 to the energy research and development authority, under the research, development and demonstration program, from the special reven- ue funds - other/state operations, miscellaneous special revenue fund - 339, energy research and planning account, and special revenue funds - other/aid to localities, miscellaneous special revenue fund - 339, ener- gy research and planning account shall be subject to the provisions of this section. Notwithstanding the provisions of subdivision 4-a of section 18-a of the public service law, all moneys committed or expended shall be reimbursed by assessment against gas corporations and electric corporations as defined in section 2 of the public service law, and the total amount which may be charged to any gas corporation and any elec- tric corporation shall not exceed one cent per one thousand cubic feet of gas sold and .010 cent per kilowatt-hour of electricity sold by such corporations in their intrastate utility operations in calendar year 2012. Such amounts shall be excluded from the general assessment provisions of subdivision 2 of section 18-a of the public service law, but shall be billed and paid in the manner set forth in such subdivision and upon receipt shall be paid to the state comptroller for deposit in the state treasury for credit to the miscellaneous special revenue fund. The director of the budget shall not issue a certificate of approval with respect to the commitment and expenditure of moneys hereby appro- priated until the chair of such authority shall have submitted, and the director of the budget shall have approved, a comprehensive financial plan encompassing all moneys available to and all anticipated commit- ments and expenditures by such authority from any source for the oper- ations of such authority. Copies of the approved comprehensive financial plan shall be immediately submitted by the director of the budget to the chairs and secretaries of the legislative fiscal committees. S 2. This act shall take effect immediately and shall be deemed to have been in full force and effect on and after April 1, 2014. PART L Section 1. Notwithstanding any law to the contrary, the comptroller is hereby authorized and directed to receive for deposit to the credit of the general fund the amount of up to $913,000 from the New York state energy research and development authority. S. 6357--D 14 A. 8557--D S 2. This act shall take effect immediately and shall be deemed to have been in full force and effect on and after April 1, 2014. PART M Section 1. Subdivision 20 of section 1854 of the public authorities law, as added by section 3 of part S of chapter 58 of the laws of 2013, is amended to read as follows: 20. To administer a program, using funds provided for such purpose, to provide a grant based on standards and guidelines established by the authority for costs as follows: (a) for each retail outlet that is in operation before April first, two thousand fourteen and is subject to the requirements of paragraph (a) of subdivision three of section one hundred ninety-two-h of the agriculture and markets law: (i) no greater than ten thousand dollars required to prewire such retail outlet with an appropriate transfer switch for using an alternate generated power source as defined in section one hundred ninety-two-h of the agriculture and markets law; or (ii) no greater than thirteen thousand dollars required to prewire such retail outlet with an appropriate transfer switch for using an alternate generated power source as defined in section one hundred nine- ty-two-h of the agriculture and markets law and purchase such power source to be permanently affixed at the site. (b) for each retail outlet that is in operation before April first, two thousand fourteen and is subject to the requirements of paragraph (b) of subdivision three of section one hundred ninety-two-h of the agriculture and markets law, no greater than ten thousand dollars required to: (i) prewire an existing retail outlet with an appropriate transfer switch for using an alternate generated power source as defined in section one hundred ninety-two-h of the agriculture and markets law; and/or (ii) purchase such power source to be permanently affixed at the site. (c) to the extent funds are available, for retail outlets that become operational on or after April first, two thousand fourteen, or to which subdivision two of section one hundred ninety-two-h of the agriculture and markets law becomes applicable after the effective date of this subdivision, which grants shall otherwise be subject to the same amounts, purposes and restrictions as paragraphs (a) and (b) of this subdivision. (D) TO THE EXTENT FUNDS ARE AVAILABLE, FOR RETAIL OUTLETS THAT VOLUN- TARILY APPLY BEFORE APRIL FIRST, TWO THOUSAND FIFTEEN AND ARE LOCATED ON A STRATEGIC UPSTATE HIGHWAY AS DEFINED IN PARAGRAPH (E) OF THIS SUBDIVI- SION OR WITHIN ONE-HALF MILE BY ROAD MEASUREMENT FROM AN EXIT ROAD ON A STRATEGIC UPSTATE HIGHWAY, IN SUCH AMOUNTS AND FOR SUCH PURPOSES AS SET FORTH IN SUBPARAGRAPHS (I) AND (II) OF PARAGRAPH (A) OF THIS SUBDIVI- SION. (E) "STRATEGIC UPSTATE HIGHWAY" MEANS THE FOLLOWING: (I) I-87 BEGINNING AT THE ROCKLAND-ORANGE COUNTY LINE THENCE NORTHERLY PASSING THROUGH OR IN THE VICINITY OF ALBANY TO THE INTERSECTION WITH I-90, THE FOREGOING ROUTE BEING A PORTION OF THE NEW YORK STATE THRUWAY; THENCE CONTINUING NORTHERLY TO THE NEW YORK-CANADA BORDER; (II) I-90 BEGINNING AT I-87 IN THE VICINITY OF ALBANY THENCE WESTERLY PASSING THROUGH OR IN THE VICINITY OF SCHENECTADY, UTICA, SYRACUSE, ROCHESTER, AND BUFFALO; THENCE CONTINUING SOUTHWESTERLY TO THE NEW S. 6357--D 15 A. 8557--D YORK-PENNSYLVANIA BORDER, THE FOREGOING ROUTE BEING A PORTION OF THE NEW YORK STATE THRUWAY; (III) THE BERKSHIRE SECTION OF THE NEW YORK STATE THRUWAY BEGINNING AT I-87 THENCE EASTERLY TO THE INTERSECTION WITH I-90 AND CONTINUING ON I-90 TO THE NEW YORK-MASSACHUSETTS BORDER; (IV) I-84 BEGINNING AT THE NEW YORK-NEW JERSEY BORDER THENCE EASTERLY PASSING THROUGH OR IN THE VICINITY OF NEWBURGH, THENCE CONTINUING EAST- ERLY AND SOUTHEASTERLY TO THE NEW YORK-CONNECTICUT BORDER; (V) I-88 BEGINNING AT I-81 IN THE VICINITY OF BINGHAMTON THENCE NORTHEASTERLY TO I-90 IN THE VICINITY OF SCHENECTADY; (VI) I-86/STATE ROUTE 17 BEGINNING AT I-87 IN THE VICINITY OF WOODBURY THENCE WESTERLY AND NORTHWESTERLY PASSING THROUGH OR IN THE VICINITY OF BINGHAMTON, ELMIRA, AND JAMESTOWN, CONTINUING TO THE NEW YORK-PENNSYLVA- NIA BORDER; (VII) I-81 BEGINNING AT THE NEW YORK-PENNSYLVANIA BORDER THENCE NORTH- ERLY PASSING THROUGH OR IN THE VICINITY OF SYRACUSE AND WATERTOWN, CONTINUING TO THE NEW YORK-CANADA BORDER; (VIII) I-390 BEGINNING AT I-86 IN THE VICINITY OF AVOCA THENCE NORTHWESTERLY AND NORTHERLY TO I-490 IN THE VICINITY OF ROCHESTER; AND (IX) I-190 BEGINNING AT I-90 IN THE VICINITY OF BUFFALO, THENCE WESTERLY, NORTHWESTERLY, AND NORTHERLY THROUGH BUFFALO, ACROSS GRAND ISLAND, THE FOREGOING ROUTE BEING A PORTION OF THE NEW YORK STATE THRU- WAY, AND THENCE GENERALLY WESTERLY TO THE UNITED STATES-CANADA BORDER IN THE VICINITY OF LEWISTON. The authority may offer any funds provided for such purpose and not expended to retail outlets that are not [required to comply with the requirements of subdivision two of section one hundred ninety-two-h of the agriculture and markets law] INCLUDED IN PARAGRAPHS (A) THROUGH (D) OF THIS SUBDIVISION but that VOLUNTARILY seek to participate in such program. S 2. This act shall take effect immediately. PART N Section 1. Section 2 of chapter 21 of the laws of 2003, amending the executive law relating to permitting the secretary of state to provide special handling for all documents filed or issued by the division of corporations and to permit additional levels of such expedited service, as amended by section 1 of part P of chapter 58 of the laws of 2013, is amended to read as follows: S 2. This act shall take effect immediately, provided however, that section one of this act shall be deemed to have been in full force and effect on and after April 1, 2003 and shall expire March 31, [2014] 2015. S 2. This act shall take effect immediately and shall be deemed to have been in full force and effect on and after March 31, 2014. PART O Section 1. Paragraph (g) of section 104 of the business corporation law, as amended by chapter 375 of the laws of 1998, is amended to read as follows: (g) The department shall make, certify and transmit ELECTRONICALLY a copy of each such instrument to the clerk of the county in which the office of the domestic or foreign corporation is or is to be located. The county clerk shall file and index such copy. S. 6357--D 16 A. 8557--D S 2. Paragraph (g) of section 104 of the not-for-profit corporation law, as amended by chapter 375 of the laws of 1998, is amended to read as follows: (g) The department shall make, certify and transmit ELECTRONICALLY a copy of each such instrument to the clerk of the county in which the office of the domestic or foreign corporation is or is to be located. The county clerk shall file and index such copy. S 3. This act shall take effect immediately. PART P Section 1. Subdivision 2 of section 160-f of the executive law, as amended by chapter 397 of the laws of 1991, is amended to read as follows: 2. Notwithstanding any other law, the department may transmit an annu- al registry fee [of not more than twenty-five dollars] AS SET BY THE FEDERAL APPRAISAL SUBCOMMITTEE IN ACCORDANCE WITH 12 U.S.C. 3338 (A)(4)(A) from such individuals who perform or seek to perform appraisals in federally related transactions and to transmit a roster of such individuals to the Appraisal Subcommittee of the Federal Financial Institutions Examination Council as required by Title XI of the Finan- cial Institutions Reform, Recovery, and Enforcement Act of 1989. S 2. This act shall take effect immediately. PART Q Section 1. Notwithstanding any other law, rule or regulation to the contrary, expenses of the department of health public service education program incurred pursuant to appropriations from the cable television account of the state miscellaneous special revenue funds shall be deemed expenses of the department of public service. S 2. This act shall take effect immediately and shall be deemed to have been in full force and effect on and after April 1, 2014. PART R Section 1. Subdivision 3 of section 222 of the public service law, as added by chapter 83 of the laws of 1995, is amended to read as follows: 3. (A) The commission shall approve the application FOR RENEWAL OR AMENDMENT OF A FRANCHISE unless it finds that the applicant[, the proposed transferee] or the cable television system does not conform to the standards established in the regulations promulgated by the commis- sion pursuant to section two hundred fifteen of this article or that approval would be in violation of law, any regulation or standard promulgated by the commission or the public interest, provided however, that a failure to conform to the standards established in the regu- lations promulgated by the commission shall not preclude approval of any such application if the commission finds that such approval would serve the public interest. (B) THE COMMISSION SHALL NOT APPROVE THE APPLICATION FOR A TRANSFER OF A FRANCHISE, ANY TRANSFER OF CONTROL OF A FRANCHISE OR CERTIFICATE OF CONFIRMATION, OR OF FACILITIES CONSTITUTING A SIGNIFICANT PART OF ANY CABLE TELEVISION SYSTEM UNLESS THE APPLICANT DEMONSTRATES THAT THE PROPOSED TRANSFEREE AND THE CABLE TELEVISION SYSTEM CONFORM TO THE STAN- DARDS ESTABLISHED IN THE REGULATIONS PROMULGATED BY THE COMMISSION PURSUANT TO SECTION TWO HUNDRED FIFTEEN OF THIS ARTICLE, THAT APPROVAL S. 6357--D 17 A. 8557--D WOULD NOT BE BE IN VIOLATION OF LAW, OR ANY REGULATION OR STANDARD PROMULGATED BY THE COMMISSION, AND THAT THE TRANSFER IS OTHERWISE IN THE PUBLIC INTEREST; PROVIDED, HOWEVER, THAT A FAILURE TO CONFORM TO THE STANDARDS ESTABLISHED IN THE REGULATIONS PROMULGATED BY THE COMMISSION SHALL NOT PRECLUDE APPROVAL OF ANY SUCH APPLICATION IF THE COMMISSION FINDS THAT SUCH APPROVAL WOULD SERVE THE PUBLIC INTEREST. S 2. This act shall take effect immediately and shall apply to any application pending before the public service commission on such date and shall expire and be deemed repealed April 1, 2017. PART S Section 1. Paragraph (b) of subdivision 6 of section 18-a of the public service law, as amended by section 2 of part A of chapter 173 of the laws of 2013, is amended to read as follows: (b) The temporary state energy and utility service conservation assessment shall be based upon the following percentum of the utility entity's gross operating revenues derived from intrastate utility oper- ations in the last preceding calendar year, minus the amount, if any, that such utility entity is assessed pursuant to subdivisions one and two of this section for the corresponding state fiscal year period: (1) two percentum for the state fiscal year beginning April first, two thou- sand thirteen [and]; (2) 1.63 PERCENTUM FOR the state fiscal year begin- ning April first, two thousand fourteen; [(2) one and three-quarters] (3) 1.00 percentum for the state fiscal year beginning April first, two thousand fifteen; and [(3) one and one-half] (4) .73 percentum for the state fiscal year beginning April first, two thousand sixteen. With respect to the temporary state energy and utility service conservation assessment to be paid for the state fiscal year beginning April first, two thousand seventeen and notwithstanding clause (i) of paragraph (d) of this subdivision, on or before March tenth, two thousand seventeen, utility entities shall make a payment equal to one-half of the assess- ment paid by such entities pursuant to this paragraph for the state fiscal year beginning on April first, two thousand sixteen; PROVIDED, FURTHER THAT SUCH ASSESSMENT FOR STATE FISCAL YEAR BEGINNING APRIL FIRST, TWO THOUSAND SEVENTEEN SHALL NOT BE REFLECTED IN A CUSTOMER'S RATE AFTER DECEMBER THIRTY-FIRST, TWO THOUSAND SEVENTEEN. With respect to the Long Island power authority, the temporary state energy and util- ity service conservation assessment shall be based upon the following percentum of such authority's gross operating revenues derived from intrastate utility operations in the last preceding calendar year, minus the amount, if any, that such authority is assessed pursuant to subdivi- sions one-a and two of this section for the corresponding state fiscal year period: (1) one percentum for the state fiscal year beginning April first, two thousand thirteen [and] ; (2) .84 PERCENTUM FOR the state fiscal year beginning April first, two thousand fourteen; [(2) three- quarters of one] (3) .50 percentum for the state fiscal year beginning April first, two thousand fifteen; and [(3) one-half] (4) .34 percentum for the state fiscal year beginning April first, two thousand sixteen; provided, however, that should the amount assessed by the department for costs and expenses pursuant to such subdivisions equal or exceed such authority's temporary state energy and utility service conservation assessment for a particular fiscal year, the amount to be paid under this subdivision by such authority shall be zero. With respect to the temporary state energy and utility service conservation assessment to be paid for the state fiscal year beginning April first, two thousand S. 6357--D 18 A. 8557--D seventeen and notwithstanding clause (i) of paragraph (d) of this subdi- vision, on or before March tenth, two thousand seventeen, the Long Island power authority shall make a payment equal to one-half of the assessment it paid for the state fiscal year beginning on April first, two thousand sixteen; PROVIDED, FURTHER THAT SUCH ASSESSMENT FOR STATE FISCAL YEAR BEGINNING APRIL FIRST, TWO THOUSAND SEVENTEEN SHALL NOT BE REFLECTED IN A CUSTOMER'S RATE AFTER DECEMBER THIRTY-FIRST, TWO THOUSAND SEVENTEEN. No corporation or person subject to the jurisdiction of the commission only with respect to safety, or the power authority of the state of New York, shall be subject to the temporary state energy and utility service conservation assessment provided for under this subdivi- sion. Utility entities whose gross operating revenues from intrastate utility operations are five hundred thousand dollars or less in the preceding calendar year shall not be subject to the temporary state energy and utility service conservation assessment. The minimum tempo- rary state energy and utility service conservation assessment to be billed to any utility entity whose gross revenues from intrastate utili- ty operations are in excess of five hundred thousand dollars in the preceding calendar year shall be two hundred dollars. S 2. This act shall take effect immediately and shall be deemed to have been in full force and effect on and after April 1, 2014; provided, however, that the amendments to subdivision 6 of section 18-a of the public service law made by section one of this act shall not affect the repeal of such subdivision and shall be deemed to be repealed therewith. PART T Intentionally Omitted PART U Intentionally Omitted PART V Section 1. The opening paragraph of subsection (k) of section 2101 of the insurance law, as added by chapter 687 of the laws of 2003, is amended to read as follows: In this article, "insurance producer" means an insurance agent, TITLE INSURANCE AGENT, insurance broker, reinsurance intermediary, excess lines broker, or any other person required to be licensed under the laws of this state to sell, solicit or negotiate insurance. Such term shall not include: S 2. Paragraph 4 of subsection (k) of section 2101 of the insurance law is REPEALED and paragraphs 5, 6, 7, 8, 9, 10, 11, and 12 are renum- bered paragraphs 4, 5, 6, 7, 8, 9, 10, and 11. S 3. Section 2101 of the insurance law is amended by adding a new subsection (y) to read as follows: (Y)(1) IN THIS CHAPTER, "TITLE INSURANCE AGENT" MEANS ANY AUTHORIZED OR ACKNOWLEDGED AGENT OF A TITLE INSURANCE CORPORATION, AND ANY SUBAGENT OR OTHER REPRESENTATIVE OF SUCH AN AGENT, WHO OR WHICH FOR COMMISSION, COMPENSATION, OR ANY OTHER THING OF VALUE, PERFORMS THE FOLLOWING ACTS IN CONJUNCTION WITH THE ISSUANCE OF A TITLE INSURANCE POLICY: (A) SELLS, OR NEGOTIATES THE SALE OF A TITLE INSURANCE POLICY; S. 6357--D 19 A. 8557--D (B) EVALUATES THE INSURABILITY OF TITLE, BASED UPON THE PERFORMANCE OR REVIEW OF A TITLE SEARCH; AND (C) PERFORMS ONE OR MORE OF THE FOLLOWING FUNCTIONS: (I) COLLECTS, REMITS OR DISBURSES TITLE INSURANCE PREMIUMS, ESCROWS OR OTHER RELATED FUNDS; (II) PREPARES, AMENDS, MARKS UP OR DELIVERS A TITLE INSURANCE COMMIT- MENT OR CERTIFICATE OF TITLE FOR THE PURPOSE OF THE ISSUANCE OF A TITLE INSURANCE POLICY BY A TITLE INSURANCE CORPORATION; (III) PREPARES, AMENDS OR DELIVERS A TITLE INSURANCE POLICY ON BEHALF OF A TITLE INSURANCE CORPORATION; OR (IV) NEGOTIATES THE CLEARANCE OF TITLE EXCEPTIONS, IN CONNECTION WITH THE ISSUANCE OF A TITLE INSURANCE POLICY. (2) SUCH TERM SHALL NOT INCLUDE ANY REGULAR SALARIED OFFICER OR EMPLOYEE OF AN AUTHORIZED TITLE INSURANCE CORPORATION OR OF A LICENSED TITLE INSURANCE AGENT, WHO DOES NOT RECEIVE A COMMISSION OR OTHER COMPENSATION FOR SERVICES, WHICH COMMISSION OR OTHER COMPENSATION IS DIRECTLY DEPENDENT UPON THE AMOUNT OF TITLE INSURANCE BUSINESS DONE. S 4. Subsection (a) of section 2109 of the insurance law, paragraph 3 as amended by chapter 687 of the laws of 2003, is amended to read as follows: (a) The superintendent may issue a temporary insurance agent's LICENSE, TITLE INSURANCE AGENT'S LICENSE or insurance broker's license, or both AN INSURANCE AGENT'S AND INSURANCE BROKER'S LICENSE, without requiring the applicant to pass a written examination or to satisfy the requirements of subsection (c) of section two thousand one hundred four of this article except as to age, in the case of a license issued pursu- ant to paragraph two [hereof] OF THIS SUBSECTION, in the following cases: (1) in the case of the death of a person who at the time of his death was a licensed accident and health insurance agent under subsection (a) of section two thousand one hundred three of this article, a licensed insurance agent OR LICENSED TITLE INSURANCE AGENT under subsection (b) of such section or a licensed insurance broker: (A) to the executor or administrator of the estate of such deceased agent or broker; (B) to a surviving next of kin of such deceased agent or broker, where no administrator of his estate has been appointed and no executor has qualified under his duly probated will; (C) to the surviving member or members of a firm or association, which at the time of the death of a member was such a licensed insurance agent, LICENSED TITLE INSURANCE AGENT or licensed insurance broker; or (D) to an officer or director of a corporation upon the death of the only officer or director who was qualified as a sub-licensee or to the executor or administrator of the estate of such deceased officer or director; (2) to any person who may be designated by a person licensed pursuant to this chapter as an insurance agent, TITLE INSURANCE AGENT or an insurance broker, or both AN INSURANCE AGENT AND INSURANCE BROKER, and who is absent because of service in any branch of the armed forces of the United States, including a partnership or corporation [which] THAT is licensed pursuant to this chapter as an insurance agent, TITLE INSUR- ANCE AGENT or as an insurance broker, or both AN INSURANCE AGENT AND INSURANCE BROKER, in a case where the sub-licensee or all sub-licensees, if more than one, named in the license or licenses issued to such part- nership or corporation is or are absent because of service in any branch of the armed forces of the United States; and S. 6357--D 20 A. 8557--D (3) to the next of kin of a person who has become totally disabled and prevented from pursuing any of the duties of his or her occupation, and who at the commencement of his or her disability was a licensed accident and health insurance agent under subsection (a) of section two thousand one hundred three of this article, a licensed insurance agent under subsection (b) of such section, A LICENSED TITLE INSURANCE AGENT or a licensed insurance broker. S 5. Subsection (c) of section 2109 of the insurance law is amended to read as follows: (c) Such license or licenses shall authorize the person or persons named therein to renew the business of the deceased, absent or disabled INSURANCE agent, TITLE INSURANCE AGENT, or INSURANCE broker, or both AN INSURANCE AGENT AND INSURANCE BROKER, as the case may be, or of the firm or, in the case of a license issued pursuant to paragraph one or three of subsection (a) [hereof] OF THIS SECTION, the association whose busi- ness is being continued thereunder, each such agent[,] OR broker[, firm or association] being referred to in this section as "original licen- see", expiring during the period in which such temporary license or licenses are in force, to collect premiums due and payable to the original licensee or, in the case of a license issued pursuant to para- graph one of subsection (a) [hereof] OF THIS SECTION, to his OR HER estate, and to perform such other acts as an insurance agent, A TITLE INSURANCE AGENT or [as] an insurance broker, or both AN INSURANCE AGENT OR INSURANCE BROKER, as the case may be, as are incidental to the continuance of the insurance business of such original licensee. S 6. Section 2109 of the insurance law is amended by adding a new subsection (h) to read as follows: (H) (1) IN THE CASE OF A PERSON SEEKING A TEMPORARY LICENSE TO ACT AS A TITLE INSURANCE AGENT PURSUANT TO SUBSECTION (A) OF THIS SECTION, THE SUPERINTENDENT MAY ISSUE A LICENSE FOR A TERM NOT TO EXCEED ONE HUNDRED EIGHTY DAYS TO SUCH PERSON PROVIDED THE PERSON: (A) DEMONSTRATES TO THE SATISFACTION OF THE SUPERINTENDENT THAT A TITLE INSURANCE CORPORATION IS WILLING TO APPOINT HIM OR HER; (B) SUBMITS TO THE NEXT AVAILABLE TITLE INSURANCE AGENT EXAMINATION; AND (C) DEMONSTRATES TO THE SATISFACTION OF THE SUPERINTENDENT THAT HE OR SHE IS QUALIFIED, COMPETENT, EXPERIENCED AND TRUSTWORTHY TO ACT AS A TITLE INSURANCE AGENT. (2) ANY PERSON ISSUED A LICENSE PURSUANT TO THIS SUBSECTION SHALL, BY VIRTUE OF SUCH LICENSE, BE AUTHORIZED TO SOLICIT, NEGOTIATE OR SELL NEW POLICIES OF TITLE INSURANCE. S 7. Subsections (a), (c), and (d) of section 2112 of the insurance law, subsection (a) as amended by chapter 540 of the laws of 1996, subsection (c) as amended by chapter 647 of the laws of 1992 and subsection (d) as amended by chapter 687 of the laws of 2003, are amended to read as follows: (a) Every insurer, fraternal benefit society or health maintenance organization doing business in this state shall file a certificate of appointment in such form as the superintendent may prescribe in order to appoint insurance agents OR, IN THE CASE OF A TITLE INSURANCE CORPO- RATION, TITLE INSURANCE AGENTS, to represent such insurer, fraternal benefit society or health maintenance organization. (c) Certificates of appointment shall be valid until [(i)] (1) termi- nated by the appointing insurer OR TITLE INSURANCE AGENT after a termi- nation in accordance with the provisions of the agency contract; [(ii)] S. 6357--D 21 A. 8557--D (2) the license is suspended or revoked by the superintendent; or [(iii)] (3) the license expires and is not renewed. (d) Every insurer, fraternal benefit society or health maintenance organization or insurance producer or the authorized representative of the insurer, fraternal benefit society, health maintenance organization or insurance producer doing business in this state shall, upon termi- nation of the certificate of appointment as set forth in subsection (a) of this section of any insurance agent, OR TITLE INSURANCE AGENT licensed in this state, or upon termination for cause for activities as set forth in subsection (a) of section two thousand one hundred ten of this article, of the certificate of appointment, of employment, of a contract or other insurance business relationship with any insurance producer, file with the superintendent within thirty days a statement, in such form as the superintendent may prescribe, of the facts relative to such termination for cause. The insurer, fraternal benefit society, health maintenance organization, insurance producer or the authorized representative of the insurer, fraternal benefit society, health mainte- nance organization or insurance producer shall provide, within fifteen days after notification has been sent to the superintendent, a copy of the statement filed with the superintendent to the insurance producer at his, or her or its last known address by certified mail, return receipt requested, postage prepaid or by overnight delivery using a nationally recognized carrier. Every statement made pursuant to this subsection shall be deemed a privileged communication. S 8. The insurance law is amended by adding a new section 2113 to read as follows: S 2113. TITLE INSURANCE AGENT COMMISSIONS; DISCLOSURE. (A) NO INSURER DOING BUSINESS IN THIS STATE, AND NO AGENT OR OTHER REPRESENTATIVE THER- EOF, SHALL PAY ANY COMMISSION OR OTHER COMPENSATION TO ANY PERSON, FIRM, ASSOCIATION OR CORPORATION FOR ACTING AS A TITLE INSURANCE AGENT IN THIS STATE, EXCEPT TO A LICENSED TITLE INSURANCE AGENT. (B) AT THE TIME OF THE APPLICATION, A TITLE INSURANCE AGENT SHALL PROVIDE TO EVERY APPLICANT FOR INSURANCE, A WRITTEN GOOD FAITH ESTIMATE OF THE PREMIUM ON THE POLICY OR POLICIES TO BE ISSUED AND A BREAKDOWN OF THE AMOUNT OF ALL FEES AND SERVICE COSTS, INCLUDING ALL FILING FEES, RECORDING CHARGES, AND CLOSING COSTS, AND ANY OTHER ANCILLARY OR DISCRE- TIONARY CHARGES TO BE INCURRED, AND THE AMOUNT OF ANY COMMISSION OR OTHER COMPENSATION TO BE PAID TO SUCH AGENT BY THE TITLE INSURANCE CORPORATION. IF NO TITLE INSURANCE AGENT IS UTILIZED, THE TITLE INSURER SHALL PROVIDE THE DISCLOSURES. IF THE APPLICANT IS REPRESENTED BY AN ATTORNEY, THE WRITTEN GOOD FAITH ESTIMATE SHALL BE PROVIDED TO THE ATTORNEY. (C) NOTHING IN THIS CHAPTER SHALL BE DEEMED TO OR BE CONSTRUED IN A MANNER TO AUTHORIZE OR PERMIT ANY ACTIVITY OR PRACTICE, WITH RESPECT TO THE BUSINESS OF TITLE INSURANCE, THAT IS PROHIBITED BY SECTION FOUR HUNDRED EIGHTY-FOUR OR FOUR HUNDRED NINETY-FIVE OF THE JUDICIARY LAW, OR OTHERWISE PROHIBITED BY LAW, INCLUDING THE UNAUTHORIZED PRACTICE OF LAW. (D) EXCEPT AS PROVIDED IN SUBSECTION (F) OF THIS SECTION, NO PERSON OR ENTITY WHO ACTS AS AN AGENT, REPRESENTATIVE, ATTORNEY, OR EMPLOYEE OF THE OWNER, LESSEE, OR MORTGAGEE, OR OF THE PROSPECTIVE OWNER, LESSEE, OR MORTGAGEE OF THE REAL PROPERTY OR ANY INTEREST THEREIN AND WHO OR WHOSE SPOUSE ALSO IS A MEMBER, EMPLOYEE, OR DIRECTOR OF A TITLE INSURANCE AGENT, OWNS ANY INTEREST IN A TITLE INSURANCE AGENT, OR IS A SUBSIDIARY OR AFFILIATE OF ANY TITLE INSURANCE AGENT, SHALL REFER AN APPLICANT FOR INSURANCE TO SUCH AGENT, AND NO SUCH TITLE INSURANCE AGENT SHALL ACCEPT ANY SUCH REFERRAL OF TITLE INSURANCE BUSINESS, UNLESS THE REFERRAL IS S. 6357--D 22 A. 8557--D MADE IN ACCORDANCE WITH SECTION SIX THOUSAND FOUR HUNDRED NINE OF THIS CHAPTER AND SUCH PERSON OR ENTITY, AT THE TIME OF MAKING A REFERRAL, PROVIDES, AT A MINIMUM, THE FOLLOWING WRITTEN DISCLOSURE TO THE APPLI- CANT: (1) THE NATURE OF THE RELATIONSHIP BETWEEN THE PERSON OR ENTITY AND THE TITLE INSURANCE AGENT; (2) THAT THE APPLICANT IS NOT REQUIRED TO USE THE SERVICES OF THE TITLE INSURANCE AGENT OR THE TITLE INSURANCE CORPORATION TO WHICH THE APPLICANT IS BEING REFERRED; (3) THAT ANY MONEY OR OTHER THING OF VALUE DIRECTLY OR INDIRECTLY PAID BY THE TITLE INSURANCE AGENT OR TITLE INSURANCE CORPORATION TO THE PERSON OR ENTITY IS BASED ON THE PERSON OR ENTITY'S FINANCIAL INTEREST IN THE TITLE INSURANCE AGENT, AND IS NOT RELATED TO THE AMOUNT OF TITLE INSURANCE BUSINESS THE PERSON OR ENTITY REFERS TO THE TITLE INSURANCE AGENT; (4) THAT THE PERSON OR ENTITY IS NOT REQUIRED TO REFER A SPECIFIED AMOUNT OF TITLE INSURANCE BUSINESS TO THE TITLE INSURANCE AGENCY; (5) THE AMOUNT OR VALUE OF ANY COMPENSATION OR OTHER THING OF VALUE THAT THE PERSON OR ENTITY EXPECTS TO RECEIVE IN CONNECTION WITH THE SERVICES TO BE PROVIDED BY THE TITLE INSURANCE AGENT OR THE TITLE INSUR- ANCE CORPORATION TO WHICH THE PARTY IS BEING REFERRED; AND (6) ANY RELEVANT DISCLOSURES REQUIRED BY THE FEDERAL REAL ESTATE SETTLEMENT PROCEDURES ACT OF 1974, AS AMENDED. (E) FOR THE PURPOSES OF THIS CHAPTER, AN ATTORNEY OR HIS OR HER LAW FIRM MAY REPRESENT A CLIENT IN A MATTER AND MAY ALSO ACT AS A TITLE INSURANCE AGENT IN SUCH MATTER SUBJECT TO APPLICABLE LAW. (F) WHERE A LICENSED ATTORNEY REPRESENTS AN APPLICANT IN A REAL ESTATE TRANSACTION AND THE APPLICANT ALSO RETAINS THE ATTORNEY AS THE TITLE INSURANCE AGENT, THE ATTORNEY SHALL NOT BE REQUIRED TO MAKE THE WRITTEN DISCLOSURE REQUIRED BY SUBSECTION (D) OF THIS SECTION PROVIDED THE ATTORNEY ADVISES THE CLIENT THAT THE CLIENT IS NOT REQUIRED TO USE THE ATTORNEY AS THE TITLE INSURANCE AGENT. (G) AS USED IN THIS SECTION, "APPLICANT" MEANS THE PERSON, FIRM, LIMITED LIABILITY COMPANY OR CORPORATION FOR WHOM THE PURCHASE OF THE PROPERTY THAT IS THE SUBJECT OF THE TITLE INSURANCE POLICY IS FINANCED OR TO WHOM A MORTGAGE LOAN IS MADE OR WHO OWNS THE PROPERTY, OR TO A PERSON WHO IS AN ATTORNEY-IN-FACT FOR SUCH PERSON. (H) THE SUPERINTENDENT SHALL PROMULGATE REGULATIONS TO ENFORCE THE DISCLOSURE REQUIREMENTS OF SUBDIVISION (D) OF THIS SECTION AND IN DOING SO SHALL CONSIDER THE RELEVANT STANDARDS OF THE FEDERAL REAL ESTATE SETTLEMENT PROCEDURES ACT OF 1974, AS AMENDED. S 9. The section heading of section 2119 of the insurance law, as amended by chapter 499 of the laws of 2009, is amended and a new subsection (f) is added to read as follows: Insurance agents, brokers, consultants, [and] life settlement brokers, AND TITLE INSURANCE AGENTS; written contract for compensation; excess charges prohibited. (F) NO TITLE INSURANCE AGENT MAY RECEIVE ANY COMPENSATION OR FEE, DIRECT OR INDIRECT, FOR OR ON ACCOUNT OF SERVICES PERFORMED IN CONNECTION WITH THE ISSUANCE OF A TITLE INSURANCE POLICY, UNLESS SUCH COMPENSATION IS: (1) FOR ANCILLARY SERVICES NOT ENCOMPASSED IN THE RATE OF PREMIUM APPROVED BY THE SUPERINTENDENT; AND (2) BASED UPON A WRITTEN MEMORANDUM SIGNED BY THE PARTY TO BE CHARGED, AND SPECIFYING OR CLEARLY DEFINING THE AMOUNT OR EXTENT OF SUCH COMPENSATION TO BE CHARGED FOR EACH ANCILLARY SERVICE AS WELL AS THE TOTAL AMOUNT OR EXTENT OF THE COMPENSATION TO BE CHARGED. A COPY OF EVERY SUCH MEMORANDUM SHALL BE S. 6357--D 23 A. 8557--D RETAINED BY THE LICENSEE FOR NOT LESS THAN THREE YEARS AFTER SUCH SERVICES HAVE BEEN FULLY PERFORMED. FOR PURPOSES OF THIS SUBSECTION, LEGAL SERVICES PERFORMED BY A NEW YORK STATE LICENSED ATTORNEY WHO IS ALSO ENGAGED AS A TITLE INSURANCE AGENT SHALL NOT BE CONSIDERED ANCIL- LARY SERVICES. S 10. The section heading and subsections (a) and (c) of section 2120 of the insurance law are amended to read as follows: Fiduciary capacity of insurance agents, TITLE INSURANCE AGENTS, insur- ance brokers and reinsurance intermediaries. (a) Every insurance agent, TITLE INSURANCE AGENT, and [every] insurance broker acting as such in this state shall be responsible in a fiduciary capacity for all funds received or collected as insurance agent or insurance broker, and shall not, without the express consent of his, HER or its principal, mingle any such funds with his, HER or its own funds or with funds held by him, HER or it in any other capacity. (c) This section shall not require any such INSURANCE agent, TITLE INSURANCE AGENT, INSURANCE broker or reinsurance intermediary to main- tain a separate bank deposit for the funds of each such principal, if and as long as the funds so held for each such principal are reasonably ascertainable from the books of account and records of such agent, broker or reinsurance intermediary, as the case may be. S 11. The section heading and subsection (a) of section 2122 of the insurance law are amended to read as follows: Advertising by insurance [agents and brokers] PRODUCERS. (a) (1) No insurance [agent or insurance broker] PRODUCER shall make or issue in this state any advertisement, sign, pamphlet, circular, card or other public announcement purporting to make known the financial condition of any insurer, unless the same shall conform to the requirements of section one thousand three hundred thirteen of this chapter. (2) No insurance [agent, insurance broker] PRODUCER or other person, shall, by any advertisement or public announcement in this state, call attention to any unauthorized insurer or insurers. S 12. Subsections (a) and (b) of section 2128 of the insurance law, subsection (b) as further amended by section 104 of part A of chapter 62 of the laws of 2011, are amended to read as follows: (a) Notwithstanding the provisions of sections two thousand three hundred twenty-four and four thousand two hundred twenty-four of this chapter, no [insurance agent, insurance broker, insurance consultant, excess line broker, reinsurance intermediary or insurance adjuster] LICENSEE SUBJECT TO THIS ARTICLE shall receive any commissions or fees or shares thereof in connection with insurance coverages placed for or insurance services rendered to the state, its agencies and departments, public benefit corporations, municipalities and other governmental subdivisions in this state, unless such [insurance agent, insurance broker, insurance consultant, excess line broker, reinsurance interme- diary or insurance adjuster] LICENSEE actually placed insurance cover- ages on behalf of or rendered insurance services to the state, its agen- cies and departments, public benefit corporations, municipalities and other governmental subdivisions in this state. (b) The superintendent shall, by regulation, require [insurance agents, insurance brokers, insurance consultants, excess line brokers, reinsurance intermediaries and insurance adjusters] LICENSEES SUBJECT TO THIS ARTICLE to file disclosure statements with the department of finan- cial services and the most senior official of the governmental unit involved, with respect to any insurance coverages placed for or insur- ance services rendered to the state, its agencies and departments, S. 6357--D 24 A. 8557--D public benefit corporations, municipalities and other governmental subdivisions in this state, EXCEPT THAT NEITHER A TITLE INSURANCE CORPO- RATION NOR A TITLE INSURANCE AGENT SHALL BE REQUIRED TO FILE A DISCLO- SURE STATEMENT IF AN INDUSTRIAL DEVELOPMENT AGENCY, STATE OF NEW YORK MORTGAGE AGENCY OR ITS SUCCESSOR, OR ANY SIMILAR TYPE OF ENTITY, IS THE NAMED INSURED UNDER THE POLICY AND IS A MORTGAGEE WITH RESPECT TO THE PROPERTY INSURED. S 13. Subsections (a) and (b) of section 2132 of the insurance law, as amended by chapter 499 of the laws of 2009, are amended to read as follows: (a) This section shall apply to resident and non-resident persons licensed pursuant to this article with respect to: (1) life insurance, annuity contracts, variable annuity contracts and variable life insurance; (2) sickness, accident and health insurance; (3) all lines of property and casualty insurance; [and] (4) life settlements[.]; AND (5) TITLE INSURANCE. (b) This section shall not apply to: (1) those persons holding licenses for which an examination is not required by the laws of this state; (2) any limited licensees or any other licensees as the superintendent may exempt subject to any continuing education requirements deemed appropriate by the superintendent; [or] (3) for purposes of the continuing education requirements for life settlements, an insurance producer with a life line of authority who is acting as a life settlement broker pursuant to section two thousand one hundred thirty-seven of this article; OR (4) FOR PURPOSES OF A TITLE INSURANCE AGENT LICENSE, AN ATTORNEY LICENSED TO PRACTICE LAW IN THIS STATE, PROVIDED THAT SUCH ATTORNEY IS IN GOOD STANDING WITH THE NEW YORK STATE OFFICE OF COURT ADMINISTRATION. S 14. The insurance law is amended by adding a new section 2139 to read as follows: S 2139. TITLE INSURANCE AGENTS; LICENSING. (A) THE SUPERINTENDENT MAY ISSUE A LICENSE TO ANY PERSON, FIRM, ASSOCIATION OR CORPORATION THAT HAS COMPLIED WITH THE REQUIREMENTS OF THIS CHAPTER, AUTHORIZING THE LICENSEE TO ACT AS A TITLE INSURANCE AGENT OF ANY AUTHORIZED TITLE INSURANCE CORPORATION. (B) ANY SUCH LICENSE ISSUED TO A FIRM OR ASSOCIATION SHALL AUTHORIZE ONLY THE MEMBERS THEREOF, NAMED IN SUCH LICENSE AS SUB-LICENSEES, TO ACT INDIVIDUALLY AS TITLE INSURANCE AGENTS THEREUNDER, AND ANY SUCH LICENSE ISSUED TO A CORPORATION SHALL AUTHORIZE ONLY THE OFFICERS AND DIRECTORS THEREOF, NAMED IN SUCH LICENSE AS SUB-LICENSEES, TO ACT INDIVIDUALLY AS TITLE INSURANCE AGENTS THEREUNDER. EVERY SUB-LICENSEE ACTING AS TITLE INSURANCE AGENT PURSUANT TO SUCH A LICENSE SHALL BE AUTHORIZED SO TO ACT ONLY IN THE NAME OF THE LICENSEE. AT LEAST ONE DESIGNATED SUB-LICENSEE MUST HAVE A FINANCIAL OR OTHER BENEFICIAL INTEREST IN THE LICENSEE. (C) EVERY INDIVIDUAL APPLICANT FOR A LICENSE UNDER THIS SECTION AND EVERY PROPOSED LICENSEE SHALL BE EIGHTEEN YEARS OF AGE OR OLDER AT THE TIME OF THE ISSUANCE OF SUCH LICENSE. (D) BEFORE ANY ORIGINAL TITLE INSURANCE AGENT'S LICENSE IS ISSUED, THERE SHALL BE ON FILE IN THE OFFICE OF THE SUPERINTENDENT AN APPLICA- TION BY THE PROSPECTIVE LICENSEE IN SUCH FORM OR FORMS AND SUPPLEMENTS THERETO, ALONG WITH A FEE IN THE AMOUNT OF FORTY DOLLARS FOR EACH YEAR OR FRACTION OF A YEAR IN WHICH THE LICENSE SHALL BE VALID, AND CONTAIN- ING INFORMATION THE SUPERINTENDENT PRESCRIBES. S. 6357--D 25 A. 8557--D (E) THE SUPERINTENDENT SHALL, IN ORDER TO DETERMINE THE COMPETENCY OF EVERY INDIVIDUAL APPLICANT AND OF EVERY PROPOSED SUB-LICENSEE FOR THE TITLE INSURANCE AGENT LICENSE, REQUIRE SUCH INDIVIDUAL TO SUBMIT TO A PERSONAL WRITTEN EXAMINATION AND TO PASS THE SAME TO THE SATISFACTION OF THE SUPERINTENDENT. THE EXAMINATION SHALL BE HELD AT SUCH TIMES AND PLACES AS THE SUPERINTENDENT SHALL FROM TIME TO TIME DETERMINE. EVERY INDIVIDUAL APPLYING TO TAKE ANY WRITTEN EXAMINATION SHALL, AT THE TIME OF APPLYING THEREFOR, PAY TO THE SUPERINTENDENT OR, AT THE DISCRETION OF THE SUPERINTENDENT, DIRECTLY TO ANY ORGANIZATION THAT IS UNDER CONTRACT TO PROVIDE EXAMINATION SERVICES, AN EXAMINATION FEE OF AN AMOUNT THAT IS THE ACTUAL DOCUMENTED ADMINISTRATIVE COST OF CONDUCTING SAID QUALIFYING EXAMINATION AS CERTIFIED BY THE SUPERINTENDENT FROM TIME TO TIME. AN EXAMINATION FEE REPRESENTS AN ADMINISTRATIVE EXPENSE AND SHALL NOT BE REFUNDABLE. THE SUPERINTENDENT MAY ACCEPT, IN LIEU OF ANY SUCH EXAMINA- TION, THE RESULT OF ANY PREVIOUS WRITTEN EXAMINATION, GIVEN BY THE SUPERINTENDENT, WHICH IN THE SUPERINTENDENT'S JUDGMENT, IS EQUIVALENT TO THE EXAMINATION FOR WHICH IT IS SUBSTITUTED. (F) EVERY INDIVIDUAL SEEKING TO QUALIFY TO OBTAIN A LICENSE UNDER SUBSECTION (B) OF THIS SECTION SHALL BE REQUIRED TO PASS THE TYPE OR TYPES OF EXAMINATION PRESCRIBED BY THE SUPERINTENDENT. AN INDIVIDUAL SHALL NOT BE DEEMED QUALIFIED TO TAKE THE EXAMINATION UNLESS THE INDI- VIDUAL HAS SUCCESSFULLY COMPLETED A COURSE OR COURSES, APPROVED AS TO METHOD AND CONTENT BY THE SUPERINTENDENT, COVERING THE TITLE INSURANCE BUSINESS AND REQUIRING NOT LESS THAN TWENTY HOURS OF CLASSROOM WORK OR THE EQUIVALENT IN CORRESPONDENCE WORK OR SIMILAR INSTRUCTION. SUCH COURSE OR COURSES SHALL HAVE BEEN GIVEN BY AN INSTITUTION MEETING THE STANDARDS PRESCRIBED BY SUBPARAGRAPH (A) OF PARAGRAPH ONE OF SUBSECTION (C) OF SECTION TWO THOUSAND ONE HUNDRED FOUR OF THIS ARTICLE. (G) NO SUCH WRITTEN EXAMINATION OR PRE-LICENSING EDUCATION SHALL BE REQUIRED OF ANY: (1) APPLICANT WHO FILES AN APPLICATION UNDER THIS SECTION WITHIN ONE YEAR AFTER THE EFFECTIVE DATE OF THIS SUBSECTION AND WHO DEMONSTRATES TO THE SATISFACTION OF THE SUPERINTENDENT THAT SUCH APPLICANT OR ITS PROSPECTIVE SUB-LICENSEE HAS, WITHOUT INTERRUPTION, REGULARLY AND CONTINUOUSLY PERFORMED THE FUNCTIONS OF A TITLE INSURANCE AGENT FOR A PERIOD OF AT LEAST FIVE YEARS IMMEDIATELY PRECEDING THE FILING OF SUCH APPLICATION AND IS COMPETENT AND TRUSTWORTHY TO ACT AS A TITLE INSURANCE AGENT; (2) APPLICANT WHO HAS PASSED THE WRITTEN EXAMINATION GIVEN BY THE SUPERINTENDENT FOR A TITLE INSURANCE AGENT'S LICENSE AND WAS LICENSED AS SUCH, OR OF AN APPLICANT WHO WAS LICENSED AS A TITLE INSURANCE AGENT BUT DID NOT PASS SUCH AN EXAMINATION, PROVIDED THE APPLICANT APPLIES WITHIN TWO YEARS FOLLOWING THE DATE OF TERMINATION OF THE APPLICANT'S LICENSE; OR (3) APPLICANT SEEKING TO OBTAIN A LICENSE AS A TITLE INSURANCE AGENT, WHEN SUCH APPLICANT IS A LICENSED ATTORNEY-AT-LAW IN THIS STATE PROVIDED THAT SUCH ATTORNEY IS IN GOOD STANDING WITH THE NEW YORK STATE OFFICE OF COURT ADMINISTRATION. (H) THE SUPERINTENDENT MAY REFUSE TO ISSUE TO AN APPLICANT A TITLE INSURANCE AGENT'S LICENSE IF, IN THE SUPERINTENDENT'S JUDGMENT, THE PROPOSED LICENSEE OR ANY SUB-LICENSEE: (1) IS NOT TRUSTWORTHY AND COMPETENT TO ACT AS SUCH AGENT; (2) HAS GIVEN CAUSE FOR THE REVOCATION OR SUSPENSION OF SUCH A LICENSE; OR (3) HAS FAILED TO COMPLY WITH ANY PREREQUISITE FOR THE ISSUANCE OF SUCH LICENSE. S. 6357--D 26 A. 8557--D (I) (1) EVERY LICENSE ISSUED TO A BUSINESS ENTITY PURSUANT TO SUBSECTION (A) OF THIS SECTION SHALL EXPIRE ON JUNE THIRTIETH OF ODD-NUMBERED YEARS. (2) EVERY LICENSE ISSUED TO AN INDIVIDUAL BORN IN AN ODD-NUMBERED YEAR SHALL EXPIRE ON THE INDIVIDUAL'S BIRTHDAY IN EACH ODD-NUMBERED YEAR. LICENSES ISSUED TO INDIVIDUALS BORN IN EVEN-NUMBERED YEARS SHALL EXPIRE ON THE INDIVIDUAL'S BIRTHDAY IN EACH EVEN-NUMBERED YEAR. (3) EVERY LICENSE MAY BE RENEWED FOR THE ENSUING PERIOD OF TWENTY-FOUR MONTHS UPON THE FILING OF AN APPLICATION IN CONFORMITY WITH THIS SUBSECTION. (4) THE LICENSE MAY BE ISSUED FOR ALL OF SUCH TWO YEAR TERMS, OR UPON APPLICATION MADE DURING ANY SUCH TERM, FOR THE BALANCE THEREOF. (5) ANY LICENSE SHALL BE CONSIDERED IN GOOD STANDING WITHIN THE LICENSE TERM UNLESS: (A) REVOKED OR SUSPENDED BY THE SUPERINTENDENT PURSUANT TO THIS ARTI- CLE; OR (B) IF AT THE EXPIRATION DATE OF THE LICENSE TERM, THE LICENSEE FAILS TO FILE A RENEWAL APPLICATION, PROVIDED THE LICENSE WAS IN GOOD STANDING DURING THE TERM. (6) BEFORE THE RENEWAL OF ANY TITLE INSURANCE AGENT'S LICENSE SHALL BE ISSUED, THE LICENSEE SHALL HAVE: (A) FILED A COMPLETED RENEWAL APPLICATION IN SUCH FORM OR FORMS, AND SUPPLEMENTS THERETO, AND CONTAINING SUCH INFORMATION AS THE SUPERINTEN- DENT MAY PRESCRIBE; AND (B) PAID SUCH FEES AS ARE PRESCRIBED IN THIS SECTION. (7) IF AN APPLICATION FOR A RENEWAL LICENSE SHALL HAVE BEEN FILED WITH THE SUPERINTENDENT BEFORE THE EXPIRATION OF SUCH LICENSE, THEN THE LICENSE SOUGHT TO BE RENEWED SHALL CONTINUE IN FULL FORCE AND EFFECT EITHER UNTIL THE ISSUANCE BY THE SUPERINTENDENT OF THE RENEWAL LICENSE APPLIED FOR OR UNTIL FIVE DAYS AFTER THE SUPERINTENDENT SHALL HAVE REFUSED TO ISSUE SUCH RENEWAL LICENSE AND SHALL HAVE GIVEN NOTICE OF SUCH REFUSAL TO THE APPLICANT AND TO EACH PROPOSED SUB-LICENSEE. BEFORE REFUSING TO RENEW ANY SUCH LICENSE, EXCEPT ON THE GROUND OF FAILURE TO PASS A WRITTEN EXAMINATION, THE SUPERINTENDENT SHALL NOTIFY THE APPLI- CANT OF THE SUPERINTENDENT'S INTENTION TO DO SO AND SHALL GIVE THE APPLICANT A HEARING. (8) THE SUPERINTENDENT MAY, IN ISSUING A RENEWAL LICENSE, DISPENSE WITH THE REQUIREMENTS OF A VERIFIED APPLICATION BY ANY INDIVIDUAL LICEN- SEE OR SUB-LICENSEE WHO, BY REASON OF BEING ENGAGED IN ANY MILITARY SERVICE FOR THE UNITED STATES, IS UNABLE TO MAKE PERSONAL APPLICATION FOR SUCH RENEWAL LICENSE, UPON THE FILING OF AN APPLICATION ON BEHALF OF SUCH INDIVIDUAL, IN SUCH FORM AS THE SUPERINTENDENT SHALL PRESCRIBE, BY SOME PERSON OR PERSONS WHO IN HIS OR HER JUDGMENT HAVE KNOWLEDGE OF THE FACTS AND WHO MAKE AFFIDAVIT SHOWING SUCH MILITARY SERVICE AND THE INABILITY OF SUCH TITLE INSURANCE AGENT TO MAKE PERSONAL APPLICATION. (9) AN INDIVIDUAL LICENSEE OR SUB-LICENSEE WHO IS UNABLE TO COMPLY WITH LICENSE RENEWAL PROCEDURES DUE TO OTHER EXTENUATING CIRCUMSTANCES, SUCH AS A LONG-TERM MEDICAL DISABILITY, MAY REQUEST A WAIVER OF SUCH PROCEDURES, IN SUCH FORM AS THE SUPERINTENDENT SHALL PRESCRIBE. THE LICENSEE OR SUB-LICENSEE MAY ALSO REQUEST A WAIVER OF ANY EXAMINATION REQUIREMENT OR ANY OTHER FINE OR SANCTION IMPOSED FOR FAILURE TO COMPLY WITH RENEWAL PROCEDURES. (10) AN APPLICATION FOR THE RENEWAL OF A LICENSE SHALL BE FILED WITH THE SUPERINTENDENT NOT LESS THAN SIXTY DAYS PRIOR TO THE DATE THE LICENSE EXPIRES OR THE APPLICANT SHALL BE SUBJECT TO A FURTHER FEE OF TEN DOLLARS FOR LATE FILING. S. 6357--D 27 A. 8557--D (11) NO LICENSE FEE SHALL BE REQUIRED OF ANY PERSON WHO SERVED AS A MEMBER OF THE ARMED FORCES OF THE UNITED STATES AT ANY TIME, AND WHO SHALL HAVE BEEN DISCHARGED THEREFROM UNDER CONDITIONS OTHER THAN DISHONORABLE, IN A CURRENT LICENSING PERIOD FOR THE DURATION OF SUCH PERIOD. (12) EXCEPT WHERE A CORPORATION, ASSOCIATION OR FIRM LICENSED AS A TITLE INSURANCE AGENT IS APPLYING TO ADD A SUB-LICENSEE OR THE DATE OF THE EXPIRATION OF THE LICENSE IS CHANGED, THERE SHALL BE NO FEE REQUIRED FOR THE ISSUANCE OF AN AMENDED LICENSE. (13) THE SUPERINTENDENT MAY ISSUE A REPLACEMENT LICENSE FOR A CURRENT- LY IN-FORCE LICENSE THAT HAS BEEN LOST OR DESTROYED. BEFORE SUCH REPLACEMENT LICENSE SHALL BE ISSUED, THERE SHALL BE ON FILE IN THE OFFICE OF THE SUPERINTENDENT A WRITTEN APPLICATION FOR SUCH REPLACEMENT LICENSE, AFFIRMING UNDER PENALTY OF PERJURY THAT THE ORIGINAL LICENSE HAS BEEN LOST OR DESTROYED, TOGETHER WITH A FEE OF FIFTEEN DOLLARS. (J) THE SUPERINTENDENT MAY REFUSE TO ISSUE A LICENSE OR RENEWAL LICENSE, AS THE CASE MAY BE, TO ANY APPLICANT IF THE SUPERINTENDENT FINDS THAT THE APPLICANT HAS BEEN OR WILL BE: (1) RECEIVING ANY BENEFIT OR ADVANTAGE IN VIOLATION OF SECTION SIX THOUSAND FOUR HUNDRED NINE OF THIS CHAPTER; OR (2) ACTING IN A MANNER INCONSISTENT WITH: (A) REGULATIONS BY THE SUPERINTENDENT WHICH ARE PROMULGATED IN ACCORD- ANCE WITH THE RELEVANT PROVISIONS OF THE FEDERAL REAL ESTATE SETTLEMENT PROCEDURES ACT OF 1974, AS AMENDED; OR (B) SECTION TWENTY-ONE HUNDRED THIRTEEN OF THIS ARTICLE. (K) FOR THE PURPOSES OF THIS CHAPTER, ANY PERSON OR ENTITY PERFORMING ANY ACTIVITY RELATED TO THE PROCUREMENT OR ISSUANCE OF A TITLE INSURANCE POLICY, AS THE RESULT OF AN AUTHORIZATION OR REQUEST FROM A LICENSED TITLE AGENT OR TITLE INSURANCE CORPORATION, SHALL BE PRESUMED TO BE ACTING UNDER THE AUTHORITY OF SUCH LICENSED AGENT OR TITLE INSURANCE CORPORATION, FOR THE PURPOSE OF PERFORMING SUCH ACTIVITY SO AUTHORIZED OR REQUESTED. S 15. Section 2314 of the insurance law is amended to read as follows: S 2314. Charging of rates. No authorized insurer shall, and no licensed insurance agent, NO TITLE INSURANCE AGENT, no employee or other representative of an authorized insurer, and no licensed insurance broker shall knowingly, charge or demand a rate or receive a premium [which] THAT departs from the rates, rating plans, classifications, schedules, rules and standards in effect on behalf of the insurer, or shall issue or make any policy or contract involving a violation there- of. S 16. Subsection (a) of section 107 of the insurance law is amended by adding a new paragraph 54 to read as follows: (54) "TITLE INSURANCE AGENT" SHALL BE DEEMED TO HAVE THE SAME MEANING AS PARAGRAPH ONE OF SUBSECTION (Y) OF SECTION TWO THOUSAND ONE HUNDRED ONE OF THIS CHAPTER. S 17. Section 6409 of the insurance law, subsection (c) as added by chapter 955 of the laws of 1984, is amended to read as follows: S 6409. Filing of policy forms; rates; classification of risks; commissions and rebates prohibited. (a) No title insurance policy shall be issued or delivered in this state, unless [and until a copy of the form thereof shall have] IT HAS been filed with the superintendent [for his information] IN ACCORDANCE WITH ARTICLE TWENTY-THREE OF THIS CHAPTER. (b) [Every title insurance corporation shall file with the superinten- dent its rate manual, if any, its basic schedule of rates and classi- S. 6357--D 28 A. 8557--D fication of risks, its rating plan and rules in connection with the writing or issuance of policies of title insurance and shall thereafter likewise file any changes therein. After any such filing no such corpo- ration shall, in connection with the writing or issuance of any such policy, deviate from the rates, classifications of risks and rules last filed by it, either by making any reduction in rates without having filed the same as herein provided, or by way of any discriminations in favor of or against any insured. The superintendent shall have the powers specified in article twenty-three of this chapter applicable to title insurers.] TITLE INSURANCE RATES AND RATE FILINGS SHALL BE SUBJECT TO ARTICLE TWENTY-THREE OF THIS CHAPTER. (c) Notwithstanding any other provision of this article, every title insurance [company] CORPORATION shall [be required to] offer, at or prior to title closing, an optional policy form [which will insure] THAT INSURES the title of owner-occupied real property used predominantly for residential purposes [which] THAT consists of not more than four dwell- ing units for an amount equal to the market value of the property at the time a loss is discovered. Such policy form shall be filed with, AND APPROVED BY, the superintendent [pursuant to subsection (a) of this section] IN ACCORDANCE WITH ARTICLE TWENTY-THREE OF THIS CHAPTER. Rates for such coverage shall be filed AND APPROVED pursuant to [subsection (b) of this section] ARTICLE TWENTY-THREE OF THIS CHAPTER. (d) No title insurance corporation, TITLE INSURANCE AGENT, or any other person acting for or on behalf of [it] THE TITLE INSURANCE CORPO- RATION OR TITLE INSURANCE AGENT, shall OFFER OR make, DIRECTLY OR INDI- RECTLY, any rebate of any portion of the fee, premium or charge made, or pay or give to any applicant [for insurance], or to any person, firm, or corporation acting as agent, representative, attorney, or employee of the owner, lessee, mortgagee or the prospective owner, lessee, or mort- gagee [or the prospective owner, lessee, or mortgagee] of the real prop- erty or any interest therein, either directly or indirectly, any commis- sion, any part of its fees or charges, or any other consideration or valuable thing, as an inducement for, or as compensation for, any title insurance business, NOR SHALL ANY APPLICANT, OR ANY PERSON, FIRM, OR CORPORATION ACTING AS AGENT, REPRESENTATIVE, ATTORNEY, OR EMPLOYEE OF THE OWNER, LESSEE, MORTGAGEE OR OF THE PROSPECTIVE OWNER, LESSEE, OR MORTGAGEE OF THE REAL PROPERTY OR ANYONE HAVING ANY INTEREST IN REAL PROPERTY KNOWINGLY RECEIVE, DIRECTLY OR INDIRECTLY, ANY SUCH REBATE OR OTHER CONSIDERATION OR VALUABLE THING. Any person or entity who [accepts or receives such a commission or rebate] VIOLATES THIS SECTION shall be subject to a penalty [equal to the greater of one thousand dollars or five times the amount thereof] OF (1) FIVE THOUSAND DOLLARS; OR (2) UP TO TEN TIMES THE AMOUNT OF ANY COMPENSATION OR REBATE RECEIVED OR PAID IN THE CASE OF A TITLE INSURANCE CORPORATION OR TITLE INSURANCE AGENT; OR (3) UP TO FIVE TIMES THE AMOUNT OF ANY COMPENSATION OR REBATE RECEIVED OR PAID; OR (4) IN THE CASE OF AN APPLICANT FOR TITLE INSURANCE THAT COVERS REAL PROPERTY USED PREDOMINANTLY FOR RESIDENTIAL PURPOSES, AND WHICH CONSISTS OF NOT MORE THAN FOUR DWELLING UNITS, OTHER THAN HOTELS AND MOTELS, AN AMOUNT NOT TO EXCEED THE COMPENSATION OR REBATE RECEIVED OR PAID, WHEN SUCH APPLICANT KNEW THAT IT WAS A VIOLATION TO RECEIVE SUCH REBATE, OR OTHER CONSIDERATION OR VALUABLE THING; PROVIDED, HOWEVER, IF SUCH APPLICANT DID NOT KNOW THAT IT WAS A VIOLATION TO RECEIVE SUCH REBATE, OR OTHER CONSIDERATION OR VALUABLE THING, HE OR SHE SHALL NOT BE ASSESSED A PENALTY UNDER THIS SUBDIVISION. (e) Premium rates for coverage shall fully reflect the foregoing prohibitions of subsection (d) [hereof] OF THIS SECTION. S. 6357--D 29 A. 8557--D S 18. This act shall take effect on the one hundred eightieth day after it shall have become a law, provided, however, that effective immediately: (1) the addition, amendment, or repeal of any rule or regulation necessary for the implementation of this act on its effective date is authorized and directed to be made and completed on or before such effective date; (2) the superintendent of financial services shall promulgate applica- tion forms for persons, firms, associations, and corporations seeking to obtain a license as a title insurance agent; and (3) each person, firm, association, or corporation that has filed an application for a license as a title insurance agent, on or before Janu- ary 1, 2015 or within 90 days after the superintendent of financial services has promulgated application forms pursuant to this act, which- ever date is later, may act as such licensee without a license issued pursuant to section 2139 of the insurance law, as added by section four- teen of this act, until the superintendent of financial services has made a final determination on the application for such license filed by such person, firm, association, or corporation. PART W Section 1. Section 2 of part BB of chapter 58 of the laws of 2012, amending the public authorities law relating to authorizing the dormito- ry authority to enter into certain design and construction management agreements, as amended by section 1 of part I of chapter 58 of the laws of 2013, is amended to read as follows: S 2. This act shall take effect immediately and shall expire and be deemed repealed April 1, [2014] 2015. S 2. Within 90 days of the effective date of this act, the dormitory authority of the state of New York shall provide a report providing information regarding any project undertaken pursuant to a design and construction management agreement, as authorized by part BB of chapter 58 of the laws of 2012, between the dormitory authority of the state of New York and the department of environmental conservation and/or the office of parks, recreation and historic preservation to the governor, the temporary president of the senate and speaker of the assembly. Such report shall include but not be limited to a description of each such project, the project identification number of each such project, if applicable, the projected date of completion, the status of the project, the total cost or projected cost of each such project, and the location, including the names of any county, town, village or city, where each such project is located or proposed. In addition, such a report shall be provided to the aforementioned parties by the first day of March of each year that the authority to enter into such agreements pursuant to part BB of chapter 58 of the laws of 2012 is in effect. S 3. This act shall take effect immediately and shall be deemed to have been in effect on and after April 1, 2014. PART X Section 1. Section 2 of chapter 584 of the laws of 2011, amending the public authorities law relating to the powers and duties of the dormito- ry authority of the state of New York relative to the establishment of subsidiaries for certain purposes, as amended by section 28 of part D of chapter 56 of the laws of 2012, is amended to read as follows: S. 6357--D 30 A. 8557--D S 2. This act shall take effect immediately and shall expire and be deemed repealed on July 1, [2014] 2016; provided however, that the expi- ration of this act shall not impair or otherwise affect any of the powers, duties, responsibilities, functions, rights or liabilities of any subsidiary duly created pursuant to subdivision twenty-five of section 1678 of the public authorities law prior to such expiration. S 2. This act shall take effect immediately. PART Y Section 1. Section 2976-a of the public authorities law is REPEALED. S 2. Section 2868 of the public health law, as amended by section 43-a of part B of chapter 58 of the laws of 2008, is amended to read as follows: S 2868. Fees and charges. The commissioner may by regulation establish and charge to any nursing home company, for the period of occupancy date to mortgage discharge, a fee for inspection, regulation, supervision and audit not to annually exceed two-tenths of one percent of the mortgage loan to recover the departmental costs in performing these functions IN RELATION TO ANY NURSING HOME PROJECT FINANCED OR REFINANCED BY A LOAN MADE UNDER THIS ARTICLE PRIOR TO APRIL FIRST, TWO THOUSAND FOURTEEN. NOTWITHSTANDING THE FOREGOING, NO SUCH FEE SHALL BE CHARGED OR PAYABLE PURSUANT TO THIS SECTION WITH RESPECT TO A NURSING HOME PROJECT FINANCED OR REFINANCED WITH BONDS ISSUED ON OR AFTER APRIL FIRST, TWO THOUSAND FOURTEEN. S 3. Section 2881 of the public health law, as amended by section 43-b of part B of chapter 58 of the laws of 2008, is amended to read as follows: S 2881. Fees and charges. The commissioner may, by regulation, estab- lish and charge to eligible borrowers, for the period from occupancy date to mortgage discharge, a fee for inspection, regulation, super- vision and audit not to annually exceed two-tenths of one percent of the mortgage loan to recover the departmental costs in performing these functions IN RELATION TO ANY HOSPITAL PROJECT FINANCED OR REFINANCED BY A LOAN MADE UNDER THIS ARTICLE PRIOR TO APRIL FIRST, TWO THOUSAND FOUR- TEEN. NOTWITHSTANDING THE FOREGOING, NO SUCH FEE SHALL BE CHARGED OR PAYABLE PURSUANT TO THIS SECTION WITH RESPECT TO A HOSPITAL PROJECT FINANCED OR REFINANCED WITH BONDS ISSUED ON OR AFTER APRIL FIRST, TWO THOUSAND FOURTEEN. S 4. This act shall take effect immediately. PART Z Section 1. Subdivision 3 of section 16-m of section 1 of chapter 174 of the laws of 1968 constituting the New York state urban development corporation act, as amended by chapter 81 of the laws of 2013, is amended to read as follows: 3. The provisions of this section shall expire, notwithstanding any inconsistent provision of subdivision 4 of section 469 of chapter 309 of the laws of 1996 or of any other law, on July 1, [2014] 2015. S 2. This act shall take effect immediately and shall be deemed to have been in full force and effect on and after July 1, 2014. PART AA S. 6357--D 31 A. 8557--D Section 1. Section 2 of chapter 393 of the laws of 1994, amending the New York state urban development corporation act, relating to the powers of the New York state urban development corporation to make loans, as amended by section 1 of part H of chapter 58 of the laws of 2013, is amended to read as follows: S 2. This act shall take effect immediately provided, however, that section one of this act shall expire on July 1, [2014] 2015, at which time the provisions of subdivision 26 of section 5 of the New York state urban development corporation act shall be deemed repealed; provided, however, that neither the expiration nor the repeal of such subdivision as provided for herein shall be deemed to affect or impair in any manner any loan made pursuant to the authority of such subdivision prior to such expiration and repeal. S 2. This act shall take effect immediately and shall be deemed to have been in full force and effect on and after April 1, 2014. PART BB Section 1. Subdivision 41 of section 16 of the agriculture and markets law, as amended by chapter 361 of the laws of 2003, is amended to read as follows: 41. (A) Establish and maintain New York state domestic animal health assurance programs, voluntary, on-farm, integrated disease prevention programs, directed at improving animal health and promoting a safe and wholesome food supply. Such programs may include but are not limited to the New York state cattle and horse health assurance programs. To carry out such programs, the department may contract with public, private and academic entities and shall encourage such entities to seek federal and private sources of funds for such programs. (B) ANY PROPRIETARY FARM PROTOCOL, ANIMAL OR HERD TESTING INFORMATION AND/OR PRODUCER HERD DATA MAINTAINED IN CONFIDENCE AND VOLUNTARILY PROVIDED BY AN OWNER OR OPERATOR OF A FARM OPERATION AS DEFINED IN SECTION THREE HUNDRED ONE OF THIS CHAPTER TO PARTICIPATE IN A VOLUNTARY CATTLE HEALTH PROGRAM ESTABLISHED PURSUANT TO THIS SUBDIVISION SHALL BE EXEMPT FROM PUBLIC DISCLOSURE. THE SUBMISSION OF ANY SUCH INFORMATION OR RECORDS BY THE OWNER OR OPERATOR OF A FARM OPERATION DOES NOT CONSTITUTE A WAIVER OF ANY APPLICABLE PRIVILEGE OR PROTECTION UNDER FEDERAL OR STATE LAW. (C) THE EXEMPTION DESCRIBED IN PARAGRAPH (B) OF THIS SUBDIVISION SHALL NOT APPLY TO: (1) INFORMATION COLLECTED OR CREATED AS PART OF A FEDERAL, STATE, OR LOCAL HEALTH AGENCY INVESTIGATION OR OFFICIAL ACTION TAKEN IN CONNECTION WITH A PUBLIC HEALTH RISK; AND (2) RECORDS THAT DO NOT IDEN- TIFY AND CANNOT BE USED TO DISCERN THE IDENTITY OF ANY PARTICIPATING FARM. S 2. This act shall take effect immediately and shall apply to requests for disclosures made after the effective date of this act. PART CC Section 1. This act shall be known and may be cited as the "Rockland Bergen Flood Mitigation act". S 2. The legislature finds and declares that the states of New York and New Jersey and their respective citizens share a common concern to protect their personal safety and property through the identification and remediation of potential flood hazards along the tributaries and watersheds of the Hackensack River, Mahwah River, Ramapo River, Saddle S. 6357--D 32 A. 8557--D River, and Sparkill Brook/Creek that cross the interstate border region. The identification and remediation of potential flood hazards requires a bi-state comprehensive approach. A bi-state comprehensive flood prevention approach will also help ensure the preservation and mainte- nance of the environmentally beneficial impacts of the tributaries and watersheds of the Hackensack River, Mahwah River, Ramapo River, Saddle River, and Sparkill Brook/Creek. A bi-state approach will encourage open space and recreational opportunities along the tributaries and watersheds of the Hackensack River, Mahwah River, Ramapo River, Saddle River, and Sparkill Brook/Creek. The legislature further finds that there has been a long history of cooperation among state and local governmental entities and various private organizations and individuals in the vicinity of the tributaries and watersheds of the Hackensack River, Mahwah River, Ramapo River, Saddle River, and Sparkill Brook/Creek. The legislature therefore determines that there is a need to endorse and formalize that bi-state cooperative effort to identify and remediate potential flood hazards and to protect the natural, scenic and recre- ational opportunities of the tributaries and watersheds of the Hacken- sack River, Mahwah River, Ramapo River, Saddle River, and Sparkill Brook/Creek. The legislature further determines that the creation of a bi-state task force is an appropriate means to accomplish these very important goals. S 3. As used in this act, "Bi-state region" shall mean the tributaries and watersheds of the Hackensack River, Mahwah River, Ramapo River, Saddle River, and Sparkill Brook/Creek, within the counties of Rockland in New York and Bergen in New Jersey. "Resident voter" shall mean an individual registered to vote within the county of Rockland in New York or the county of Bergen, Essex, or Hudson in New Jersey. S 4. a. There is hereby created the Rockland Bergen Flood Mitigation Task Force, which shall be comprised of twelve voting members. Six members shall be from New York and shall be appointed as follows: one each, by the governor, the temporary president of the senate, the speak- er of the assembly, the minority leader of the senate and the minority leader of the assembly, of New York, and of the county executive of the county of Rockland in New York, all of whom shall be resident voters of the county of Rockland, New York. Six members shall be from New Jersey and shall be appointed as follows: one each, by the governor, the tempo- rary president of the senate, the speaker of the assembly, the minority leader of the senate, and the minority leader of the assembly, of New Jersey, and the county executive of the county of Bergen in New Jersey, all of whom shall be resident voters from either the county of Bergen, Essex, or Hudson. Additionally, the task force shall include three non- voting members, as follows: the commissioner of the New York state department of environmental conservation or a designee thereof who shall serve ex-officio; the commissioner of the New Jersey department of envi- ronmental protection or a designee thereof who shall serve ex-officio; and a representative of United Water Inc. or its successor. b. Vacancies in the appointed positions on the task force shall be filled in the same manner as the original appointments were made. c. Members of the task force shall serve voluntarily and without compensation. d. Members of the task force shall serve at the pleasure of the rele- vant appointing authority. S 5. a. The task force shall organize as soon as may be practicable after the appointment of its members, and shall select two co-chairper- S. 6357--D 33 A. 8557--D sons from its members, one from each state, and a secretary who need not be a member. b. The task force shall meet regularly as it may determine. Meetings of the task force shall be at such times and places as the co-chairper- sons of the task force deem appropriate, but to the maximum extent prac- ticable and feasible, shall be rotated between the two states on an alternating basis. Meetings held in New Jersey shall be subject to the provisions and requirements of the "Senator Byron M. Baer Open Public Meetings Act," P.L. 1975, c. 231 (C.10:4-6 et seq.). Meetings held in New York shall be subject to the provisions and requirements of that state's open meetings law, article 7 of the public officers law. The task force shall also meet at the call of either co-chairperson. c. A majority of the voting membership of the task force shall consti- tute a quorum for the transaction of task force business. Action may be taken and motions and resolutions adopted by the task force at any meet- ing thereof by the affirmative vote of seven members of the task force. d. The task force may request assistance, and the services of, any municipalities that are within the bi-state watershed region, as it may require and as may be made available to it for the purpose of carrying out its duties under this act. Nothing in this section shall be construed to require assistance from any municipality in New York or New Jersey. S 6. The duties of the task force shall be to: a. assess present and projected development, land use, and land management practices and patterns, and identify actual and potential flood hazards, around the bi-state region, and determine the effects of those practices and patterns, threats, and problems upon the property, public safety, and natural, and recreational resources of the bi-state region; b. develop recommended regulations, procedures, policies, planning strategies, and model ordinances and resolutions pertaining to the protection, preservation, maintenance, management, and enhancement of the bi-state region which would be implemented as appropriate on a voluntary basis by those municipalities within the bi-state region; c. coordinate communication of stream cleanup, maintenance, and protection efforts undertaken, for the benefit of the bi-state region by municipalities within the bi-state region; d. coordinate with all municipalities within the bi-state region; e. recommend appropriate state legislation and administrative action pertaining to the protection, preservation, maintenance, management, and enhancement of the bi-state region; f. advocate for federal, state, or private funding of stream cleanup, maintenance, protection projects, flood prevention projects and flood hazard remediation for the bi-state region; g. identify existing and projected flood hazards in the bi-state region; and h. recommend, propose and coordinate a bi-state comprehensive plan to remediate existing and projected flood hazards in the bi-state region. S 7. The task force shall, within 24 months of the date it organizes, prepare a report on its activities, and submit it, together with any recommendations for legislation, administrative action, or action by local governments, to the governors and legislatures of the states of New Jersey and New York. S 8. This act shall take effect upon the enactment into law by the state of New Jersey of legislation having substantially similar effect with this act, but if the state of New Jersey shall have already enacted S. 6357--D 34 A. 8557--D such legislation, this act shall take effect immediately and shall expire and be deemed repealed on June 30, 2016; provided that the Rock- land Bergen bi-state river task force shall notify the legislative bill drafting commission upon the occurrence of the enactment of the legis- lation provided for in this act in order that the legislative bill drafting commission may maintain an accurate and timely effective data base of the official text of the laws of the state of New York in furth- erance of effecting the provisions of section 44 of the legislative law and section 70-b of the public officers law. PART DD Section 1. Subdivisions 3 and 5 of section 19-0323 of the environ- mental conservation law, as amended by section 1 of part U of chapter 58 of the laws of 2013, are amended to read as follows: 3. Any diesel powered heavy duty vehicle that is owned by, operated by or on behalf of, or leased by a state agency and state and regional public authority with more than half of its governing body appointed by the governor shall utilize the best available retrofit technology for reducing the emission of pollutants. The commissioner shall promulgate regulations for the implementation of this subdivision specifying that all vehicles covered by this subdivision shall have best available retrofit technology on or before December 31, [2014] 2015. This subdivision shall not apply to any vehicle subject to a lease or public works contract entered into or renewed prior to the effective date of this section. 5. In addition to any waiver which may be issued pursuant to subdivi- sion four of this section, the department shall issue a waiver to a state agency, a state or regional public authority, or a person operat- ing any diesel-powered heavy duty vehicle on behalf of a state agency, state or regional public authority, upon a request in a form acceptable to the department for a waiver from the provisions of subdivision three of this section for a vehicle engine provided that such vehicle engine will cease to be used in the state on or before December thirty-first, two thousand [fourteen] SIXTEEN. Any waiver issued pursuant to this subdivision shall expire when a state agency, a state or regional public authority, or a person operating any diesel-powered heavy duty vehicle on behalf of a state agency, state or regional public authority ceases to use the engine in the state but not later than December thirty-first, two thousand [fourteen] SIXTEEN. S 2. Subdivision 7 of section 19-0323 of the environmental conserva- tion law, as added by chapter 629 of the laws of 2006, and as renumbered by section 1 of part C of chapter 59 of the laws of 2010, is amended to read as follows: 7. On or before January 1, 2008 and every year thereafter, the commis- sioner shall report to the governor and legislature on the use of ultra low sulfur diesel fuel [and the use of the best available retrofit tech- nology as required under this section]. ON OR BEFORE JANUARY 1, 2016 AND EVERY YEAR THEREAFTER, THE COMMISSIONER SHALL INCLUDE IN THE REPORT TO THE GOVERNOR AND LEGISLATURE THE USE OF THE BEST AVAILABLE RETROFIT TECHNOLOGY AS REQUIRED UNDER THIS SECTION. The information contained in this report shall include, but not be limited to, for each state agency and public authority covered by this section: (a) the total number of diesel fuel-powered motor vehicles owned or operated by such agency and authority; (b) the number of such motor vehicles that were powered by ultra low sulfur diesel fuel; (c) the total number of diesel fuel-pow- S. 6357--D 35 A. 8557--D ered motor vehicles owned or operated by such agency and authority having a gross vehicle weight rating of more than 8,500 pounds; (d) the number of such motor vehicles that utilized the best available retrofit technology, including a breakdown by motor vehicle model, engine year and the type of technology used for each vehicle; (e) the number of such motor vehicles that are equipped with an engine certified to the appli- cable 2007 United States environmental protection agency standard for particulate matter as set forth in section 86.007-11 of title 40 of the code of federal regulations or to any subsequent United States environ- mental protection agency standard for particulate matter that is at least as stringent; and (f) all waivers, findings, and renewals of such findings, which, for each waiver, shall include, but not be limited to, the quantity of diesel fuel needed to power diesel fuel-powered motor vehicles owned or operated by such agency and authority; specific infor- mation concerning the availability of ultra low sulfur diesel fuel. S 3. This act shall take effect immediately. PART EE Section 1. Legislative intent. The legislature recognizes the environ- mental health and energy benefits of increasing the efficiency of resi- dential heating and cooling systems, and converting to cleaner fuel and more efficient heating and cooling systems that can reduce emissions of carbon and particulate matter that is two and one-half microns or less in width (commonly referred to as PM 2.5 emissions). The legislature also recognizes the need to use funds from public purpose programs, including those administered by the New York state energy research and development authority and utilities, in order to provide financial assistance to building owners seeking to install and improve heating and cooling retrofits. The legislature finds that no less than fifteen million dollars is required to assist residential building owners with the installation of cleaner, more efficient heating and cooling technol- ogies. S 2. The department of public service and the New York state energy research and development authority shall review existing energy effi- ciency programs administered by utilities and/or such authority to determine the extent to which funding or financing support is available to assist installing any improvement to a heating or cooling system in residential and multi-family buildings which will increase efficiency by at least ten percent over the equipment currently installed or reduce fuel usage by at least ten percent over the equipment currently installed, and lead to a significant reduction in carbon emissions. Such improvements shall include, but are not limited to, the installa- tion of a high efficiency boiler or furnace, an improvement to and/or replacement of a burner in a boiler, and any other improvement to a heating system. Such review shall determine whether the existing effi- ciency programs would provide support for the replacement or improvement of boilers regulated by the New York city department of environmental protection. S 3. The department of public service and New York state energy research and development authority shall report the findings of such review to the governor and to the legislature no later than 45 days after the effective date of this act. S 4. This act shall take effect immediately. PART FF S. 6357--D 36 A. 8557--D Section 1. Subdivision 5 of section 88-a of the state finance law is amended by adding a new paragraph (c) to read as follows: (C) NOTWITHSTANDING ANY LAW TO THE CONTRARY, THE COMPTROLLER IS HEREBY AUTHORIZED AND DIRECTED TO TRANSFER FROM THE GENERAL FUND FOR DEPOSIT INTO THE PUBLIC TRANSPORTATION SYSTEM OPERATING ASSISTANCE ACCOUNT, UPON REQUEST OF THE DIRECTOR OF THE BUDGET, ON OR BEFORE MARCH 31 OF EACH YEAR, AN AMOUNT EQUAL TO THE FOLLOWING: (I) FOR THE STATE FISCAL YEAR ENDING MARCH 31, 2015, TWO MILLION EIGHT HUNDRED EIGHT THOUSAND NINETY-SIX DOLLARS; (II) IN EACH SUCCEEDING STATE FISCAL YEAR, THE TRANSFER SHALL EQUAL THE PRODUCT OF THE DOLLAR AMOUNT IN (I) AND ONE PLUS THE SALES TAX GROWTH FACTOR. FOR THE PURPOSES OF THIS SUBPARAGRAPH, THE SALES TAX GROWTH FACTOR IS THE PERCENTAGE, IF ANY, BY WHICH THE AGGREGATE AMOUNT OF SALES AND COMPENSATING USE TAXES IMPOSED PURSUANT TO THE AUTHORITY OF SUBPART B OF PART I OF ARTICLE TWENTY-NINE OF THE TAX LAW, EXCLUDING SUCH SALES AND COMPENSATING USE TAXES COLLECTED IN THE TWELVE COUNTIES THAT COMPRISE THE METROPOLITAN TRANSPORTATION COMMUTER DISTRICT CREATED AND ESTABLISHED PURSUANT TO SECTION TWELVE HUNDRED SIXTY-TWO OF THE PUBLIC AUTHORITIES LAW, FOR THE TWELVE MONTH PERIOD ENDING ON DECEMBER THIRTY-FIRST OF THE IMMEDIATELY PRECEDING CALENDAR YEAR EXCEEDS THE AGGREGATE AMOUNT OF SUCH SALES AND COMPENSATING USE TAXES FOR THE TWELVE MONTH PERIOD ENDING ON DECEMBER THIRTY-FIRST, TWO THOUSAND THIRTEEN. IN NO YEAR WILL THE AMOUNT OF THE DEPOSIT AUTHORIZED UNDER THIS SECTION BE LESS THAN THE AMOUNT MADE IN THE PRIOR YEAR. S 2. This act shall take effect immediately. PART GG Section 1. Section 4 of chapter 495 of the laws of 2004, amending the insurance law and the public health law relating to the New York state health insurance continuation assistance demonstration project, as amended by section 25 of part C of chapter 59 of the laws of 2011, is amended to read as follows: S 4. This act shall take effect on the sixtieth day after it shall have become a law; provided, however, that this act shall remain in effect until July 1, [2014] 2015 when upon such date the provisions of this act shall expire and be deemed repealed; provided, further, that a displaced worker shall be eligible for continuation assistance retroac- tive to July 1, 2004. S 2. This act shall take effect immediately. S 2. Severability clause. If any clause, sentence, paragraph, subdivi- sion, section or part of this act shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair, or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph, subdivision, section or part thereof directly involved in the controversy in which such judg- ment shall have been rendered. It is hereby declared to be the intent of the legislature that this act would have been enacted even if such invalid provisions had not been included herein. S 3. This act shall take effect immediately provided, however, that the applicable effective date of Parts A through GG of this act shall be as specifically set forth in the last section of such Parts.
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