Enacts into law major components of legislation necessary to implement the state fiscal plan relating to the operation of state government and public protection
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| Date of Action |
Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|---|---|
| Mar 09, 2015 |
referred to ways and means |
S T A T E O F N E W Y O R K
________________________________________________________________________
6005
2015-2016 Regular Sessions
I N A S S E M B L Y
March 9, 2015
___________
Introduced by COMMITTEE ON RULES -- read once and referred to the
Committee on Ways and Means
AN ACT to amend the executive law, in relation to authorizing the
commissioner of corrections and community supervision to make the
final decision on medical parole for certain eligible non-violent
inmates (Part A); to amend chapter 887 of the laws of 1983, amending
the correction law relating to the psychological testing of candi-
dates, in relation to the effectiveness thereof; to amend chapter 428
of the laws of 1999, amending the executive law and the criminal
procedure law relating to expanding the geographic area of employment
of certain police officers, in relation to extending the expiration of
such chapter; to amend chapter 886 of the laws of 1972, amending the
correction law and the penal law relating to prisoner furloughs in
certain cases and the crime of absconding therefrom, in relation to
the effectiveness thereof; to amend chapter 261 of the laws of 1987,
amending chapters 50, 53 and 54 of the laws of 1987, the correction
law, the penal law and other chapters and laws relating to correction-
al facilities, in relation to the effectiveness thereof; to amend
chapter 339 of the laws of 1972, amending the correction law and the
penal law relating to inmate work release, furlough and leave, in
relation to the effectiveness thereof; to amend chapter 60 of the laws
of 1994 relating to certain provisions which impact upon expenditure
of certain appropriations made by chapter 50 of the laws of 1994
enacting the state operations budget, in relation to the effectiveness
thereof; to amend chapter 3 of the laws of 1995, amending the
correction law and other laws relating to the incarceration fee, in
relation to extending the expiration of certain provisions of such
chapter; to amend chapter 62 of the laws of 2011, amending the
correction law and the executive law, relating to merging the depart-
ment of correctional services and division of parole into the depart-
ment of corrections and community supervision, in relation to the
effectiveness thereof; to amend chapter 55 of the laws of 1992, amend-
ing the tax law and other laws relating to taxes, surcharges, fees and
funding, in relation to extending the expiration of certain provisions
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD20003-01-5
A. 6005 2
of such chapter; to amend chapter 907 of the laws of 1984, amending
the correction law, the New York city criminal court act and the exec-
utive law relating to prison and jail housing and alternatives to
detention and incarceration programs, in relation to extending the
expiration of certain provisions of such chapter; to amend chapter 166
of the laws of 1991, amending the tax law and other laws relating to
taxes, in relation to extending the expiration of certain provisions
of such chapter; to amend the vehicle and traffic law, in relation to
extending the expiration of the mandatory surcharge and victim assist-
ance fee; to amend chapter 713 of the laws of 1988, amending the vehi-
cle and traffic law relating to the ignition interlock device program,
in relation to extending the expiration thereof; to amend chapter 435
of the laws of 1997, amending the military law and other laws relating
to various provisions, in relation to extending the expiration date of
the merit provisions of the correction law and the penal law of such
chapter; to amend chapter 412 of the laws of 1999, amending the civil
practice law and rules and the court of claims act relating to prison-
er litigation reform, in relation to extending the expiration of the
inmate filing fee provisions of the civil practice law and rules and
general filing fee provision and inmate property claims exhaustion
requirement of the court of claims act of such chapter; to amend chap-
ter 222 of the laws of 1994 constituting the family protection and
domestic violence intervention act of 1994, in relation to extending
the expiration of certain provisions of the criminal procedure law
requiring the arrest of certain persons engaged in family violence; to
amend chapter 505 of the laws of 1985, amending the criminal procedure
law relating to the use of closed-circuit television and other protec-
tive measures for certain child witnesses, in relation to extending
the expiration of the provisions thereof; to amend chapter 3 of the
laws of 1995, enacting the sentencing reform act of 1995, in relation
to extending the expiration of certain provisions of such chapter; to
amend chapter 689 of the laws of 1993 amending the criminal procedure
law relating to electronic court appearance in certain counties, in
relation to extending the expiration thereof; to amend chapter 688 of
the laws of 2003, amending the executive law relating to enacting the
interstate compact for adult offender supervision, in relation to the
effectiveness thereof; to amend part H of chapter 56 of the laws of
2009, amending the correction law relating to limiting the closing of
certain correctional facilities, providing for the custody by the
department of correctional services of inmates serving definite
sentences, providing for custody of federal prisoners and requiring
the closing of certain correctional facilities, in relation to the
effectiveness of such chapter; to amend part C of chapter 152 of the
laws of 2001, amending the military law relating to military funds of
the organized militia, in relation to the effectiveness thereof; to
amend chapter 554 of the laws of 1986 amending the correction law and
the penal law relating to providing for community treatment facilities
and establishing the crime of absconding from the community treatment
facility, in relation to the effectiveness thereof; and to amend chap-
ter 503 of the laws of 2009, relating to the disposition of monies
recovered by county district attorneys before the filing of an accusa-
tory instrument, in relation to the effectiveness thereof (Part B);
relating to transferring certain employees of the division of state
police to the office of general services (Part C); to amend the work-
ers' compensation law, in relation to eliminating certain arbitration
and license fees; and to repeal paragraph (c) of subdivision 1 and
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subparagraph (iii) of paragraph (b) of subdivision 3 of section 13-c
of the workers' compensation law relating to payment of license fees
(Part D); to amend the election law, in relation to campaign finance
(Part E); intentionally omitted (Part F); intentionally omitted (Part
G); to amend the civil service law and the correction law, in relation
to salaries (Part H); intentionally omitted (Part I); to amend the
civil service law, in relation to auditing enrollee information in the
New York State Health Insurance Program (Part J); to amend the state
finance law, in relation to increasing the allowable balance in the
rainy day reserve fund, and in relation to updating consulting
services reporting (Part K); intentionally omitted (Part L); to amend
chapter 674 of the laws of 1993, amending the public buildings law
relating to value limitations on contracts, in relation to extending
the effectiveness thereof (Part M); to amend the public buildings law,
in relation to increasing the threshold of small capital projects
delegated by OGS to one hundred fifty thousand dollars (Part N); to
amend the state finance law, in relation to the creation of a new
dedicated infrastructure investment fund (Part O); to provide for the
administration of certain funds and accounts related to the 2014-15
budget, authorizing certain payments and transfers; to amend the state
finance law, in relation to school tax relief fund; to amend the state
finance law, in relation to payments, transfers and deposits; to amend
the New York state urban development corporation act, in relation to
funding project costs for certain capital projects; to amend chapter
389 of the laws of 1997, relating to the financing of the correctional
facilities improvement fund and the youth facility improvement fund,
in relation to the issuance of bonds; to amend the private housing
finance law, in relation to housing program bonds and notes; to amend
chapter 329 of the laws of 1991, amending the state finance law and
other laws relating to the establishment of the dedicated highway and
bridge trust fund, in relation to the issuance of bonds; to amend the
public authorities law, in relation to the dormitory authority; to
amend chapter 61 of the laws of 2005, providing for the administration
of certain funds and accounts related to the 2005-2006 budget, in
relation to issuance of bonds by the urban development corporation; to
amend the New York state urban development corporation act, in
relation to funding project costs for the Binghamton university school
of pharmacy, New York power electronic manufacturing consortium and
the nonprofit infrastructure capital investment program; to amend the
public authorities law, in relation to the state environmental infras-
tructure projects; to amend the New York state urban development
corporation act, in relation to authorizing the urban development
corporation to issue bonds to fund project costs for the implementa-
tion of a NY-CUNY challenge grant program; to amend chapter 81 of the
laws of 2002, providing for the administration of certain funds and
accounts related to the 2002-2003 budget, in relation to increasing
the aggregate amount of bonds to be issued by the New York state urban
development corporation; to amend the public authorities law, in
relation to financing of peace bridge and transportation capital
projects; to amend the public authorities law, in relation to dormito-
ries at certain educational institutions other than state operated
institutions and statutory or contract colleges under the jurisdiction
of the state university of New York; to amend the public authorities
law, in relation to authorization for the issuance of bonds for the
capital restructuring bond finance program and the health care facili-
ty transformation program; to amend chapter 389 of the laws of 1997,
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relating to the financing of the correctional facilities improvement
fund and the youth facility improvement fund, in relation to the issu-
ance of bonds; to amend the New York state medical care facilities
finance agency act, in relation to bonds and mental health facilities
improvement notes; to amend chapter 174 of the laws of 1968, consti-
tuting the New York state urban development corporation act, in
relation to the aggregate amount of and issuance of certain bonds; and
to amend chapter 63 of the laws of 2005, relating to the composition
and responsibilities of the New York state higher education capital
matching grant board, in relation to increasing the amount of author-
ized matching capital grants; and providing for the repeal of certain
provisions upon expiration thereof (Part P); to amend the retirement
and social security law and the civil service law, in relation to
university police officers appointed by the state university of New
York (Part Q); intentionally omitted (Part R); to amend the state
finance law, in relation to certain municipalities receiving state aid
(Part S); to amend the county law, in relation to the office of indi-
gent legal services (Part T); to amend the public service law, in
relation to creating the state office of the utility consumer advocate
(Part U); to amend the public service law, in relation to utility
intervenor reimbursement; and to amend the state finance law, in
relation to establishing the utility intervenor account (Part V); and
to amend chapter 141 of the laws of 1994, amending the legislative law
and the state finance law relating to the operation and administration
of the legislature, in relation to extending such provisions (Part W)
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 2015-2016
state fiscal year. Each component is wholly contained within a Part
identified as Parts A through W. The effective date for each particular
provision contained within such Part is set forth in the last section of
such Part. Any provision in any section contained within a Part, includ-
ing the effective date of the Part, which makes a reference to a section
"of this act", when used in connection with that particular component,
shall be deemed to mean and refer to the corresponding section of the
Part in which it is found. Section three of this act sets forth the
general effective date of this act.
PART A
Section 1. Section 259-r of the executive law is amended by adding a
new subdivision 10 to read as follows:
10. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, IN THE CASE OF AN
INMATE WHOSE TERMINAL CONDITION, DISEASE OR SYNDROME MEETS THE CRITERIA
FOR MEDICAL PAROLE AS SET FORTH IN PARAGRAPH (A) OF SUBDIVISION ONE OF
THIS SECTION, AND WHO IS NOT SERVING A SENTENCE FOR ONE OR MORE OFFENSES
SET FORTH IN PARAGRAPH (I) OF SUBDIVISION ONE OF SECTION EIGHT HUNDRED
SIX OF THE CORRECTION LAW WHICH WOULD RENDER SUCH INMATE INELIGIBLE FOR
PRESUMPTIVE RELEASE, THE GRANTING OF MEDICAL PAROLE SHALL BE DETERMINED
BY THE COMMISSIONER INSTEAD OF THE BOARD OF PAROLE. IN SUCH CASE, THE
PROVISIONS THAT WOULD HAVE APPLIED TO AND THE PROCEDURES THAT WOULD HAVE
BEEN FOLLOWED BY THE BOARD OF PAROLE PURSUANT TO THIS SECTION SHALL
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APPLY TO AND BE FOLLOWED BY THE COMMISSIONER, EXCEPT THAT ANY DECISION
MADE BY THE COMMISSIONER PURSUANT TO THIS SECTION MAY NOT BE APPEALED.
ANY ACTION BY THE COMMISSIONER PURSUANT TO THIS SECTION SHALL BE DEEMED
A JUDICIAL FUNCTION AND SHALL NOT BE REVIEWABLE IF DONE IN ACCORDANCE
WITH LAW.
S 2. Section 259-s of the executive law is amended by adding a new
subdivision 10 to read as follows:
10. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, IN THE CASE OF AN
INMATE WHOSE SIGNIFICANT AND PERMANENT NON-TERMINAL CONDITION, DISEASE
OR SYNDROME MEETS THE CRITERIA FOR MEDICAL PAROLE AS SET FORTH IN PARA-
GRAPH (A) OF SUBDIVISION ONE OF THIS SECTION, AND WHO IS NOT SERVING A
SENTENCE FOR ONE OR MORE OFFENSES SET FORTH IN PARAGRAPH (I) OF SUBDIVI-
SION ONE OF SECTION EIGHT HUNDRED SIX OF THE CORRECTION LAW WHICH WOULD
RENDER SUCH INMATE INELIGIBLE FOR PRESUMPTIVE RELEASE, THE GRANTING OF
MEDICAL PAROLE SHALL BE DETERMINED BY THE COMMISSIONER INSTEAD OF THE
BOARD OF PAROLE. IN SUCH CASE, THE PROVISIONS THAT WOULD HAVE APPLIED TO
AND THE PROCEDURES THAT WOULD HAVE BEEN FOLLOWED BY THE BOARD OF PAROLE
PURSUANT TO THIS SECTION SHALL APPLY TO AND BE FOLLOWED BY THE COMMIS-
SIONER, EXCEPT THAT ANY DECISION MADE BY THE COMMISSIONER PURSUANT TO
THIS SECTION MAY NOT BE APPEALED. ANY ACTION BY THE COMMISSIONER PURSU-
ANT TO THIS SECTION SHALL BE DEEMED A JUDICIAL FUNCTION AND SHALL NOT BE
REVIEWABLE IF DONE IN ACCORDANCE WITH LAW.
S 3. This act shall take effect immediately.
PART B
Section 1. Section 2 of chapter 887 of the laws of 1983, amending the
correction law relating to the psychological testing of candidates, as
amended by section 1 of part E of chapter 55 of the laws of 2013, is
amended to read as follows:
S 2. This act shall take effect on the one hundred eightieth day after
it shall have become a law and shall remain in effect until September 1,
[2015] 2017.
S 2. Section 3 of chapter 428 of the laws of 1999, amending the execu-
tive law and the criminal procedure law relating to expanding the
geographic area of employment of certain police officers, as amended by
section 2 of part E of chapter 55 of the laws of 2013, is amended to
read as follows:
S 3. This act shall take effect on the first day of November next
succeeding the date on which it shall have become a law, and shall
remain in effect until the first day of September, [2015] 2017, when it
shall expire and be deemed repealed.
S 3. Section 3 of chapter 886 of the laws of 1972, amending the
correction law and the penal law relating to prisoner furloughs in
certain cases and the crime of absconding therefrom, as amended by
section 3 of part E of chapter 55 of the laws of 2013, is amended to
read as follows:
S 3. This act shall take effect 60 days after it shall have become a
law and shall remain in effect until September 1, [2015] 2017.
S 4. Section 20 of chapter 261 of the laws of 1987, amending chapters
50, 53 and 54 of the laws of 1987, the correction law, the penal law and
other chapters and laws relating to correctional facilities, as amended
by section 4 of part E of chapter 55 of the laws of 2013, is amended to
read as follows:
S 20. This act shall take effect immediately except that section thir-
teen of this act shall expire and be of no further force or effect on
A. 6005 6
and after September 1, [2015] 2017 and shall not apply to persons
committed to the custody of the department after such date, and provided
further that the commissioner of [correctional services] CORRECTIONS AND
COMMUNITY SUPERVISION shall report each January first and July first
during such time as the earned eligibility program is in effect, to the
chairmen of the senate crime victims, crime and correction committee,
the senate codes committee, the assembly correction committee, and the
assembly codes committee, the standards in effect for earned eligibility
during the prior six-month period, the number of inmates subject to the
provisions of earned eligibility, the number who actually received
certificates of earned eligibility during that period of time, the
number of inmates with certificates who are granted parole upon their
first consideration for parole, the number with certificates who are
denied parole upon their first consideration, and the number of individ-
uals granted and denied parole who did not have earned eligibility
certificates.
S 5. Subdivision (q) of section 427 of chapter 55 of the laws of 1992,
amending the tax law and other laws relating to taxes, surcharges, fees
and funding, as amended by section 5 of part E of chapter 55 of the laws
of 2013, is amended to read as follows:
(q) the provisions of section two hundred eighty-four of this act
shall remain in effect until September 1, [2015] 2017 and be applicable
to all persons entering the program on or before August 31, [2015] 2017.
S 6. Section 10 of chapter 339 of the laws of 1972, amending the
correction law and the penal law relating to inmate work release,
furlough and leave, as amended by section 6 of part E of chapter 55 of
the laws of 2013, is amended to read as follows:
S 10. This act shall take effect 30 days after it shall have become a
law and shall remain in effect until September 1, [2015] 2017, and
provided further that the commissioner of correctional services shall
report each January first, and July first, to the chairman of the senate
crime victims, crime and correction committee, the senate codes commit-
tee, the assembly correction committee, and the assembly codes commit-
tee, the number of eligible inmates in each facility under the custody
and control of the commissioner who have applied for participation in
any program offered under the provisions of work release, furlough, or
leave, and the number of such inmates who have been approved for partic-
ipation.
S 7. Subdivision (c) of section 46 of chapter 60 of the laws of 1994
relating to certain provisions which impact upon expenditure of certain
appropriations made by chapter 50 of the laws of 1994 enacting the state
operations budget, as amended by section 7 of part E of chapter 55 of
the laws of 2013, is amended to read as follows:
(c) sections forty-one and forty-two of this act shall expire Septem-
ber 1, [2015] 2017; provided, that the provisions of section forty-two
of this act shall apply to inmates entering the work release program on
or after such effective date; and
S 8. Subdivision h of section 74 of chapter 3 of the laws of 1995,
amending the correction law and other laws relating to the incarceration
fee, as amended by section 8 of part E of chapter 55 of the laws of
2013, is amended to read as follows:
h. Section fifty-two of this act shall be deemed to have been in full
force and effect on and after April 1, 1995; provided, however, that the
provisions of section 189 of the correction law, as amended by section
fifty-five of this act, subdivision 5 of section 60.35 of the penal law,
as amended by section fifty-six of this act, and section fifty-seven of
A. 6005 7
this act shall expire September 1, [2015] 2017, when upon such date the
amendments to the correction law and penal law made by sections fifty-
five and fifty-six of this act shall revert to and be read as if the
provisions of this act had not been enacted; provided, however, that
sections sixty-two, sixty-three and sixty-four of this act shall be
deemed to have been in full force and effect on and after March 1, 1995
and shall be deemed repealed April 1, 1996 and upon such date the
provisions of subsection (e) of section 9110 of the insurance law and
subdivision 2 of section 89-d of the state finance law shall revert to
and be read as set out in law on the date immediately preceding the
effective date of sections sixty-two and sixty-three of this act;
S 9. Subdivision (c) of section 49 of subpart A of part C of chapter
62 of the laws of 2011 amending the correction law and the executive
law, relating to merging the department of correctional services and
division of parole into the department of corrections and community
supervision, as amended by section 9 of part E of chapter 55 of the laws
of 2013, is amended to read as follows:
(c) that the amendments to subdivision 9 of section 201 of the
correction law as added by section thirty-two of this act shall remain
in effect until September 1, [2015] 2017, when it shall expire and be
deemed repealed;
S 10. Subdivision (aa) of section 427 of chapter 55 of the laws of
1992, amending the tax law and other laws relating to taxes, surcharges,
fees and funding, as amended by section 10 of part E of chapter 55 of
the laws of 2013, is amended to read as follows:
(aa) the provisions of sections three hundred eighty-two, three
hundred eighty-three and three hundred eighty-four of this act shall
expire on September 1, [2015] 2017;
S 11. Section 12 of chapter 907 of the laws of 1984, amending the
correction law, the New York city criminal court act and the executive
law relating to prison and jail housing and alternatives to detention
and incarceration programs, as amended by section 11 of part E of chap-
ter 55 of the laws of 2013, is amended to read as follows:
S 12. This act shall take effect immediately, except that the
provisions of sections one through ten of this act shall remain in full
force and effect until September 1, [2015] 2017 on which date those
provisions shall be deemed to be repealed.
S 12. Subdivision (p) of section 406 of chapter 166 of the laws of
1991, amending the tax law and other laws relating to taxes, as amended
by section 12 of part E of chapter 55 of the laws of 2013, is amended to
read as follows:
(p) The amendments to section 1809 of the vehicle and traffic law made
by sections three hundred thirty-seven and three hundred thirty-eight of
this act shall not apply to any offense committed prior to such effec-
tive date; provided, further, that section three hundred forty-one of
this act shall take effect immediately and shall expire November 1, 1993
at which time it shall be deemed repealed; sections three hundred
forty-five and three hundred forty-six of this act shall take effect
July 1, 1991; sections three hundred fifty-five, three hundred fifty-
six, three hundred fifty-seven and three hundred fifty-nine of this act
shall take effect immediately and shall expire June 30, 1995 and shall
revert to and be read as if this act had not been enacted; section three
hundred fifty-eight of this act shall take effect immediately and shall
expire June 30, 1998 and shall revert to and be read as if this act had
not been enacted; section three hundred sixty-four through three hundred
sixty-seven of this act shall apply to claims filed on or after such
A. 6005 8
effective date; sections three hundred sixty-nine, three hundred seven-
ty-two, three hundred seventy-three, three hundred seventy-four, three
hundred seventy-five and three hundred seventy-six of this act shall
remain in effect until September 1, [2015] 2017, at which time they
shall be deemed repealed; provided, however, that the mandatory
surcharge provided in section three hundred seventy-four of this act
shall apply to parking violations occurring on or after said effective
date; and provided further that the amendments made to section 235 of
the vehicle and traffic law by section three hundred seventy-two of this
act, the amendments made to section 1809 of the vehicle and traffic law
by sections three hundred thirty-seven and three hundred thirty-eight of
this act and the amendments made to section 215-a of the labor law by
section three hundred seventy-five of this act shall expire on September
1, [2015] 2017 and upon such date the provisions of such subdivisions
and sections shall revert to and be read as if the provisions of this
act had not been enacted; the amendments to subdivisions 2 and 3 of
section 400.05 of the penal law made by sections three hundred seventy-
seven and three hundred seventy-eight of this act shall expire on July
1, 1992 and upon such date the provisions of such subdivisions shall
revert and shall be read as if the provisions of this act had not been
enacted; the state board of law examiners shall take such action as is
necessary to assure that all applicants for examination for admission to
practice as an attorney and counsellor at law shall pay the increased
examination fee provided for by the amendment made to section 465 of the
judiciary law by section three hundred eighty of this act for any exam-
ination given on or after the effective date of this act notwithstanding
that an applicant for such examination may have prepaid a lesser fee for
such examination as required by the provisions of such section 465 as of
the date prior to the effective date of this act; the provisions of
section 306-a of the civil practice law and rules as added by section
three hundred eighty-one of this act shall apply to all actions pending
on or commenced on or after September 1, 1991, provided, however, that
for the purposes of this section service of such summons made prior to
such date shall be deemed to have been completed on September 1, 1991;
the provisions of section three hundred eighty-three of this act shall
apply to all money deposited in connection with a cash bail or a
partially secured bail bond on or after such effective date; and the
provisions of sections three hundred eighty-four and three hundred
eighty-five of this act shall apply only to jury service commenced
during a judicial term beginning on or after the effective date of this
act; provided, however, that nothing contained herein shall be deemed to
affect the application, qualification, expiration or repeal of any
provision of law amended by any section of this act and such provisions
shall be applied or qualified or shall expire or be deemed repealed in
the same manner, to the same extent and on the same date as the case may
be as otherwise provided by law;
S 13. Subdivision 8 of section 1809 of the vehicle and traffic law, as
amended by section 13 of part E of chapter 55 of the laws of 2013, is
amended to read as follows:
8. The provisions of this section shall only apply to offenses commit-
ted on or before September first, two thousand [fifteen] SEVENTEEN.
S 14. Section 6 of chapter 713 of the laws of 1988, amending the vehi-
cle and traffic law relating to the ignition interlock device program,
as amended by section 14 of part E of chapter 55 of the laws of 2013, is
amended to read as follows:
A. 6005 9
S 6. This act shall take effect on the first day of April next
succeeding the date on which it shall have become a law; provided,
however, that effective immediately, the addition, amendment or repeal
of any rule or regulation necessary for the implementation of the fore-
going sections of this act on their effective date is authorized and
directed to be made and completed on or before such effective date and
shall remain in full force and effect until the first day of September,
[2015] 2017 when upon such date the provisions of this act shall be
deemed repealed.
S 15. Paragraph a of subdivision 6 of section 76 of chapter 435 of the
laws of 1997, amending the military law and other laws relating to vari-
ous provisions, as amended by section 15 of part E of chapter 55 of the
laws of 2013, is amended to read as follows:
a. sections forty-three through forty-five of this act shall expire
and be deemed repealed on September 1, [2015] 2017;
S 16. Section 4 of part D of chapter 412 of the laws of 1999, amending
the civil practice law and rules and the court of claims act relating to
prisoner litigation reform, as amended by section 16 of part E of chap-
ter 55 of the laws of 2013, is amended to read as follows:
S 4. This act shall take effect 120 days after it shall have become a
law and shall remain in full force and effect until September 1, [2015]
2017, when upon such date it shall expire.
S 17. Subdivision 2 of section 59 of chapter 222 of the laws of 1994,
constituting the family protection and domestic violence intervention
act of 1994, as amended by section 17 of part E of chapter 55 of the
laws of 2013, is amended to read as follows:
2. Subdivision 4 of section 140.10 of the criminal procedure law as
added by section thirty-two of this act shall take effect January 1,
1996 and shall expire and be deemed repealed on September 1, [2015]
2017.
S 18. Section 5 of chapter 505 of the laws of 1985, amending the crim-
inal procedure law relating to the use of closed-circuit television and
other protective measures for certain child witnesses, as amended by
section 18 of part E of chapter 55 of the laws of 2013, is amended to
read as follows:
S 5. This act shall take effect immediately and shall apply to all
criminal actions and proceedings commenced prior to the effective date
of this act but still pending on such date as well as all criminal
actions and proceedings commenced on or after such effective date and
its provisions shall expire on September 1, [2015] 2017, when upon such
date the provisions of this act shall be deemed repealed.
S 19. Subdivision d of section 74 of chapter 3 of the laws of 1995,
enacting the sentencing reform act of 1995, as amended by section 19 of
part E of chapter 55 of the laws of 2013, is amended to read as follows:
d. Sections one-a through twenty, twenty-four through twenty-eight,
thirty through thirty-nine, forty-two and forty-four of this act shall
be deemed repealed on September 1, [2015] 2017;
S 20. Section 2 of chapter 689 of the laws of 1993 amending the crimi-
nal procedure law relating to electronic court appearance in certain
counties, as amended by section 20 of part E of chapter 55 of the laws
of 2013, is amended to read as follows:
S 2. This act shall take effect immediately, except that the
provisions of this act shall be deemed to have been in full force and
effect since July 1, 1992 and the provisions of this act shall expire
September 1, [2015] 2017 when upon such date the provisions of this act
shall be deemed repealed.
A. 6005 10
S 21. Section 3 of chapter 688 of the laws of 2003, amending the exec-
utive law relating to enacting the interstate compact for adult offender
supervision, as amended by section 21 of part E of chapter 55 of the
laws of 2013, is amended to read as follows:
S 3. This act shall take effect immediately, except that section one
of this act shall take effect on the first of January next succeeding
the date on which it shall have become a law, and shall remain in effect
until the first of September, [2015] 2017, upon which date this act
shall be deemed repealed and have no further force and effect; provided
that section one of this act shall only take effect with respect to any
compacting state which has enacted an interstate compact entitled
"Interstate compact for adult offender supervision" and having an iden-
tical effect to that added by section one of this act and provided
further that with respect to any such compacting state, upon the effec-
tive date of section one of this act, section 259-m of the executive law
is hereby deemed REPEALED and section 259-mm of the executive law, as
added by section one of this act, shall take effect; and provided
further that with respect to any state which has not enacted an inter-
state compact entitled "Interstate compact for adult offender super-
vision" and having an identical effect to that added by section one of
this act, section 259-m of the executive law shall take effect and the
provisions of section one of this act, with respect to any such state,
shall have no force or effect until such time as such state shall adopt
an interstate compact entitled "Interstate compact for adult offender
supervision" and having an identical effect to that added by section one
of this act in which case, with respect to such state, effective imme-
diately, section 259-m of the executive law is deemed repealed and
section 259-mm of the executive law, as added by section one of this
act, shall take effect.
S 22. Section 8 of part H of chapter 56 of the laws of 2009, amending
the correction law relating to limiting the closing of certain correc-
tional facilities, providing for the custody by the department of
correctional services of inmates serving definite sentences, providing
for custody of federal prisoners and requiring the closing of certain
correctional facilities, as amended by section 22 of part E of chapter
55 of the laws of 2013, is amended to read as follows:
S 8. This act shall take effect immediately; provided, however that
sections five and six of this act shall expire and be deemed repealed
September 1, [2015] 2017.
S 23. Section 3 of part C of chapter 152 of the laws of 2001 amending
the military law relating to military funds of the organized militia, as
amended by section 23 of part E of chapter 55 of the laws of 2013, is
amended to read as follows:
S 3. This act shall take effect on the same date as the reversion of
subdivision 5 of section 183 and subdivision 1 of section 221 of the
military law as provided by section 76 of chapter 435 of the laws of
1997, as amended by section 1 of chapter 19 of the laws of 1999 notwith-
standing this act shall be deemed to have been in full force and effect
on and after July 31, 2005 and shall remain in full force and effect
until September 1, [2015] 2017 when upon such date this act shall
expire.
S 24. Section 5 of chapter 554 of the laws of 1986, amending the
correction law and the penal law relating to providing for community
treatment facilities and establishing the crime of absconding from the
community treatment facility, as amended by section 24 of part E of
chapter 55 of the laws of 2013, is amended to read as follows:
A. 6005 11
S 5. This act shall take effect immediately and shall remain in full
force and effect until September 1, [2015] 2017, and provided further
that the commissioner of correctional services shall report each January
first and July first during such time as this legislation is in effect,
to the chairmen of the senate crime victims, crime and correction
committee, the senate codes committee, the assembly correction commit-
tee, and the assembly codes committee, the number of individuals who are
released to community treatment facilities during the previous six-month
period, including the total number for each date at each facility who
are not residing within the facility, but who are required to report to
the facility on a daily or less frequent basis.
S 25. Section 2 of part H of chapter 503 of the laws of 2009 relating
to the disposition of monies recovered by county district attorneys
before the filing of an accusatory instrument, as amended by section 1
of part C of chapter 55 of the laws of 2014, is amended to read as
follows:
S 2. This act shall take effect immediately and shall remain in full
force and effect until March 31, [2015] 2016, when it shall expire and
be deemed repealed.
S 26. This act shall take effect immediately, provided however that
section twenty-five of this act shall be deemed to have been in full
force and effect on and after March 31, 2015.
PART C
Section 1. Employees of the division of state police in the unclassi-
fied service of the state, who are substantially engaged in the perform-
ance of duties to support business and financial services, administra-
tive services, payroll administration, time and attendance, benefit
administration, and other transactional human resources functions, may
be transferred to the office of general services in accordance with the
provisions of section 45 of the civil service law as if the state had
taken over a private entity. No employee who is transferred pursuant to
this act shall suffer a reduction in basic annual salary as a result of
the transfer.
S 2. This act shall take effect immediately.
PART D
Section 1. Paragraph (c) of subdivision 1 of section 13-c of the work-
ers' compensation law is REPEALED.
S 2. Subparagraph (iii) of paragraph (b) of subdivision 3 of section
13-c of the workers' compensation law is REPEALED.
S 3. Subdivision 4 of section 13-g of the workers' compensation law,
as amended by section 4 of part GG of chapter 57 of the laws of 2013, is
amended to read as follows:
(4) A provider initiating an arbitration, including a single arbitra-
tor process, pursuant to this section shall NOT pay a fee [as determined
by regulations promulgated by the chair, to be used] to cover the costs
related to the conduct of such arbitration. [Upon resolution in favor of
such party, the amount due, based upon the bill in dispute, shall be
increased by the amount of the fee paid by such party. Where a partial
award is made, the amount due, based upon the bill in dispute, shall be
increased by a part of such fee.] Each member of an arbitration commit-
tee for medical bills, and each member of an arbitration committee for
hospital bills shall be entitled to receive and shall be paid a fee for
A. 6005 12
each day's attendance at an arbitration session in any one count in an
amount fixed by the chair of the workers' compensation board.
S 4. Paragraph (b) of subdivision 3-b of section 50 of the workers'
compensation law, as amended by chapter 139 of the laws of 2008, is
amended to read as follows:
(b) The board, in its rules, may provide for the issuance of licenses
to persons, firms or corporations, upon such proof of character and
fitness as it may deem necessary, [and may provide for a license fee in
an amount not exceeding one hundred dollars a year, and an annual
authorization fee in an amount not exceeding five hundred dollars a year
for each designated representative] WITHOUT ANNUAL LICENSE FEE, and for
the giving of a bond running to the people of the state of New York,
conditioned upon the faithful performance of all duties required of such
person, firm or corporation, and in an amount to be fixed by the board
in its rules. Such bond shall be approved by the board as to form and
sufficiency and shall be filed with it. [All license and authorization
fees collected under the provisions of this section shall be paid into
the state treasury.]
S 5. Paragraph (e) of subdivision 7 of section 13-m of the workers'
compensation law, as amended by section 7 of part GG of chapter 57 of
the laws of 2013, is amended to read as follows:
(e) A provider initiating an arbitration, including a single arbitra-
tor process, pursuant to this section shall NOT BE REQUIRED TO pay a
fee[, as determined by regulations promulgated by the chair, to be used]
to cover the costs related to the conduct of such arbitration. [Upon
resolution in favor of such party, the amount due, based upon the bill
in dispute, shall be increased by the amount of the fee paid by such
party. Where a partial award is made, the amount due, based upon the
bill in dispute, shall be increased by a part of such fee.]
S 6. Paragraph (e) of subdivision 6 of section 13-1 of the workers'
compensation law, as amended by section 6 of part GG of chapter 57 of
the laws of 2013, is amended to read as follows:
(e) A provider initiating an arbitration, including a single arbitra-
tor process, pursuant to this section shall NOT pay a fee[, as deter-
mined by regulations promulgated by the chair, to be used] to cover the
costs related to the conduct of such arbitration. [Upon resolution in
favor of such party, the amount due, based upon the bill in dispute,
shall be increased by the amount of the fee paid by such party. Where a
partial award is made, the amount due, based upon the bill in dispute,
shall be increased by a part of such fee.]
S 7. Paragraph (e) of subdivision 6 of section 13-k of the workers'
compensation law, as amended by section 5 of part GG of chapter 57 of
the laws of 2013, is amended to read as follows:
(e) A provider initiating an arbitration, including a single arbi-
tration process, pursuant to this section shall NOT BE REQUIRED TO pay a
fee[, as determined by regulations promulgated by the chair, to be used
to cover the costs] related to the conduct of such arbitration. [Upon
resolution in favor of such party, the amount due, based upon the bill
in dispute, shall be increased by the amount of the fee paid by such
party. Where a partial award is made, the amount due, based upon the
bill in dispute shall be increased by a part of such fee.] Each member
of the arbitration committee shall be entitled to receive and shall be
paid a fee for each day's attendance at an arbitration session in an
amount fixed by the chair of the workers' compensation board.
S 8. Section 24-a of the workers' compensation law, as amended by
chapter 133 of the laws of 1982, subdivision 1 as amended by chapter 61
A. 6005 13
of the laws of 1989, subdivision 2 as amended and subdivision 5 as added
by chapter 347 of the laws of 1987, is amended to read as follows:
S 24-a. Representation before the workers' compensation board. 1. No
person, firm or corporation, other than an attorney and counsellor-at-
law, shall appear on behalf of any claimant or person entitled to the
benefits of this chapter, before the board or any officer, agent or
employee of the board assigned to conduct any hearing, investigation or
inquiry relative to a claim for compensation or benefits under this
chapter, unless he or she shall be a citizen of the United States or an
alien lawfully admitted for permanent residence in the United States,
and shall have obtained from the board a license authorizing him or her
to appear in matters or proceedings before the board. Such license shall
be issued by the board in accordance with the rules established by it.
Any person, firm or corporation violating the aforesaid provisions shall
be guilty of a misdemeanor. The board, in its rules, shall provide for
the issuance of licenses to representatives of charitable and welfare
organizations, and to associations who employ a representative to appear
for members of such association, upon certification of the proper offi-
cer of such association or organization, which licenses shall issue
without charge; and may provide for a license WITHOUT fee in the case of
all other persons, firms or corporations in an amount to be fixed by
said rules[, not exceeding the sum of one hundred dollars a year. All
license fees collected under the provisions of this section shall be
paid into the state treasury]. The board shall have such tests of char-
acter and fitness with respect to applicants for licenses, and such
rules governing the conduct of those licensed, as aforesaid, as it may
deem necessary.
2. There shall be maintained in each office of the board a registry or
list of persons to whom licenses have been issued as provided herein,
which list shall be corrected as often as licenses are issued or
revoked. Absence of a record of a license issued as herein provided
shall be prima facie evidence that a person, firm or corporation is not
licensed to represent claimants. Any such license may be revoked by the
board, for cause, after a hearing before the board. No license hereunder
shall be issued for a period longer than three years from the date of
its issuance.
[3. No fee or allowance, in accordance with the provisions of section
twenty-four of this chapter, shall be made for services rendered by any
such person, firm or corporation who has received a license hereunder
without payment of a license fee.
4.] 3. Refusal by any person to whom a license has been issued author-
izing him to appear on behalf of any claimant to answer, upon request of
the board, or other duly authorized officer, board or committee of the
state, any legal question or to produce any relevant book or paper
concerning his conduct under such license, shall constitute adequate
cause for revocation thereof.
[5.] 4. Only an attorney, or a representative licensed in accordance
with rules established by the board pursuant to subdivisions three-b and
three-d of section fifty of this chapter, shall appear on behalf of an
employer or an insurance carrier regarding a claim for compensation or
any benefits under this chapter before the board or any officer, agent
or employee of the board assigned to conduct any hearing relative to a
claim for compensation or benefits under this chapter. The provisions of
this subdivision shall not apply to a designated regular employee of a
self-insured employer, or of an insurance carrier appearing on behalf of
A. 6005 14
his or her employer, but the board may prohibit the appearance of any
such employee for cause.
S 9. This act shall take effect April 1, 2015.
PART E
Section 1. Section 14-100 of the election law is amended by adding
four new subdivisions 15, 16, 17 and 18 to read as follows:
15. "INTERMEDIARY" MEANS AN INDIVIDUAL, CORPORATION, PARTNERSHIP,
POLITICAL COMMITTEE, LABOR ORGANIZATION, OR OTHER ENTITY WHICH, OTHER
THAN IN THE REGULAR COURSE OF BUSINESS AS A POSTAL, DELIVERY, OR MESSEN-
GER SERVICE, DELIVERS TEN OR MORE CONTRIBUTIONS FROM OTHER PERSONS OR
ENTITIES TO A CANDIDATE OR AN AUTHORIZED COMMITTEE.
"INTERMEDIARY" SHALL NOT INCLUDE SPOUSES, DOMESTIC PARTNERS, PARENTS,
CHILDREN, SIBLINGS OF THE PERSON MAKING SUCH CONTRIBUTION OR A STAFF
MEMBER OR VOLUNTEER OF THE CAMPAIGN IDENTIFIED IN WRITING TO THE STATE
BOARD OF ELECTIONS.
16. "AUTHORIZED COMMITTEE" MEANS THE SINGLE POLITICAL COMMITTEE DESIG-
NATED BY A CANDIDATE TO RECEIVE ALL CONTRIBUTIONS AUTHORIZED BY THIS
TITLE.
17. "INDEPENDENT EXPENDITURE COMMITTEE" MEANS A POLITICAL COMMITTEE
THAT: (1) MAKES ONLY INDEPENDENT EXPENDITURES AS DEFINED IN THIS ARTI-
CLE; (2) CONDUCTS ITS ACTIVITIES ENTIRELY INDEPENDENT OF CANDIDATES; AND
(3) HAS NOT BEEN AUTHORIZED BY, REQUESTED BY, SUGGESTED BY, FOSTERED BY,
OR OTHERWISE COOPERATED IN ANY WAY IN THE FORMATION OR OPERATION OF A
CANDIDATE'S CAMPAIGN, A CANDIDATE'S POLITICAL COMMITTEE, OR ANY OTHER
COMMITTEE THAT MAKES EXPENDITURES FOR OR ON BEHALF OF A POLITICAL PARTY
OR A CANDIDATE.
18. "POLITICAL ACTION COMMITTEE" MEANS A POLITICAL COMMITTEE WHICH
MAKES NO EXPENDITURES, TO AID OR TAKE PART IN THE ELECTION OR DEFEAT OF
A CANDIDATE, OTHER THAN IN THE FORM OF CONTRIBUTIONS INCLUDING IN-KIND
CONTRIBUTIONS.
S 2. Subdivision 1 of section 14-102 of the election law, as amended
by chapter 8 and as redesignated by chapter 9 of the laws of 1978, is
amended to read as follows:
1. The treasurer of every political committee which, or any officer,
member or agent of any such committee who, in connection with any
election, receives or expends any money or other valuable thing or
incurs any liability to pay money or its equivalent shall file state-
ments sworn, or subscribed and bearing a form notice that false state-
ments made therein are punishable as a class A misdemeanor pursuant to
section 210.45 of the penal law, at the times prescribed by this [arti-
cle] TITLE setting forth all the receipts, contributions to and the
expenditures by and liabilities of the committee, and of its officers,
members and agents in its behalf. Such statements shall include the
dollar amount of any receipt, contribution or transfer, or the fair
market value of any receipt, contribution or transfer, which is other
than of money, the name and address of the transferor, contributor,
INTERMEDIARY, or person from whom received, and if the transferor,
contributor, INTERMEDIARY, or person is a political committee; the name
of and the political unit represented by the committee, the date of its
receipt, the dollar amount of every expenditure, the name and address of
the person to whom it was made or the name of and the political unit
represented by the committee to which it was made and the date thereof,
and shall state clearly the purpose of such expenditure. AN INTERMEDIARY
NEED NOT BE REPORTED FOR A CONTRIBUTION THAT WAS COLLECTED FROM A
A. 6005 15
CONTRIBUTOR IN CONNECTION WITH A PARTY OR OTHER CANDIDATE-RELATED EVENT
HELD AT THE RESIDENCE OF THE PERSON DELIVERING THE CONTRIBUTION, UNLESS
THE EXPENSES OF SUCH EVENT AT SUCH RESIDENCE FOR SUCH CANDIDATE EXCEED
FIVE HUNDRED DOLLARS OR THE AGGREGATE CONTRIBUTIONS RECEIVED FROM THAT
CONTRIBUTOR AT SUCH EVENT EXCEED FIVE HUNDRED DOLLARS. Any statement
reporting a loan shall have attached to it a copy of the evidence of
indebtedness. Expenditures in sums under fifty dollars need not be
specifically accounted for by separate items in said statements, and
receipts and contributions aggregating not more than ninety-nine
dollars, from any one contributor need not be specifically accounted for
by separate items in said statements, provided however, that such
expenditures, receipts and contributions shall be subject to the other
provisions of section 14-118 of this [article] TITLE.
S 3. Section 14-130 of the election law, as added by chapter 152 of
the laws of 1985, is amended to read as follows:
S 14-130. Campaign funds for personal use. 1. Contributions received
by a candidate or a political committee may be expended for any lawful
purpose. Such funds shall not be converted by any person to a personal
use which is unrelated to a political campaign or the holding of a
public office or party position.
2. NO CONTRIBUTION SHALL BE USED TO PAY INTEREST OR ANY OTHER FINANCE
CHARGES UPON MONIES LOANED TO THE CAMPAIGN BY SUCH CANDIDATE OR THE
SPOUSE OF SUCH CANDIDATE.
3. FOR THE PURPOSES OF THIS SECTION, CONTRIBUTIONS "CONVERTED BY ANY
PERSON TO A PERSONAL USE" ARE EXPENDITURES THAT ARE EXCLUSIVELY FOR THE
PERSONAL BENEFIT OF THE CANDIDATE OR ANY OTHER INDIVIDUAL, NOT IN
CONNECTION WITH A POLITICAL CAMPAIGN OR THE HOLDING OF A PUBLIC OFFICE
OR PARTY POSITION, AND ARE USED TO FULFILL ANY COMMITMENT, OBLIGATION,
OR EXPENSE OF A PERSON THAT WOULD EXIST IRRESPECTIVE OF THE CANDIDATE'S
ELECTION CAMPAIGN OR THE EXECUTION OF THE DUTIES OF PUBLIC OFFICE OR THE
EXECUTION OF THE DUTIES OF A PARTY OFFICIAL. "CONVERTED BY ANY PERSON TO
A PERSONAL USE", WHEN MEETING THE DEFINITION IN THIS SUBDIVISION, SHALL
INCLUDE, BUT ARE NOT LIMITED TO, EXPENSES FOR THE FOLLOWING:
(I) ANY RESIDENTIAL OR HOUSEHOLD ITEMS, SUPPLIES OR EXPENDITURES,
INCLUDING MORTGAGE, RENT OR UTILITY PAYMENTS FOR ANY PART OF ANY
PERSONAL RESIDENCE OF A CANDIDATE OR OFFICEHOLDER OR A MEMBER OF THE
CANDIDATE'S OR OFFICEHOLDER'S FAMILY THAT ARE NOT INCURRED AS A RESULT
OF, OR TO FACILITATE, THE INDIVIDUAL'S CAMPAIGN, OR THE EXECUTION OF HIS
OR HER DUTIES OF PUBLIC OFFICE OR PARTY POSITION. IN THE EVENT THAT ANY
PROPERTY OR BUILDING IS USED FOR BOTH PERSONAL AND CAMPAIGN USE OR AS
PART OF THE EXECUTION OF HIS OR HER DUTIES OF PUBLIC OFFICE OR PARTY
POSITION, PERSONAL USE SHALL CONSTITUTE EXPENSES THAT EXCEED THE
PRO-RATED AMOUNT FOR SUCH EXPENSES BASED ON FAIR-MARKET VALUE.
(II) MORTGAGE, RENT, OR UTILITY PAYMENTS TO A CANDIDATE OR OFFICEHOLD-
ER FOR ANY PART OF ANY NON-RESIDENTIAL PROPERTY THAT IS OWNED BY A
CANDIDATE OR OFFICEHOLDER OR A MEMBER OF A CANDIDATE'S OR OFFICEHOLDER'S
FAMILY AND USED FOR CAMPAIGN PURPOSES, TO THE EXTENT THE PAYMENTS EXCEED
THE FAIR MARKET VALUE OF THE PROPERTY'S USAGE FOR CAMPAIGN ACTIVITIES;
(III) CLOTHING, OTHER THAN ITEMS THAT ARE USED IN THE CAMPAIGN OR IN
THE EXECUTION OF THE DUTIES OF PUBLIC OFFICE OR PARTY POSITION;
(IV) TUITION PAYMENTS UNRELATED TO A POLITICAL CAMPAIGN OR THE HOLDING
OF A PUBLIC OFFICE OR PARTY POSITION;
(V) SALARY PAYMENTS OR OTHER COMPENSATION PROVIDED TO ANY PERSON FOR
SERVICES WHERE SUCH SERVICES ARE NOT SOLELY FOR CAMPAIGN PURPOSES OR
PROVIDED IN CONNECTION WITH THE EXECUTION OF THE DUTIES OF PUBLIC OFFICE
OR PARTY POSITION;
A. 6005 16
(VI) SALARY PAYMENTS OR OTHER COMPENSATION PROVIDED TO A MEMBER OF A
CANDIDATE'S FAMILY, UNLESS THE FAMILY MEMBER IS PROVIDING BONA FIDE
SERVICES TO THE CAMPAIGN. IF A FAMILY MEMBER PROVIDES BONA FIDE SERVICES
TO A CAMPAIGN, ANY SALARY PAYMENTS OR OTHER COMPENSATION IN EXCESS OF
THE FAIR MARKET VALUE OF THE SERVICES PROVIDED SHALL BE CONSIDERED
PAYMENTS FOR PERSONAL USE;
(VII) ADMISSION TO A SPORTING EVENT, CONCERT, THEATER, OR OTHER FORM
OF ENTERTAINMENT, UNLESS SUCH EVENT IS PART OF, OR IN CONNECTION WITH, A
CAMPAIGN OR IS RELATED TO THE HOLDING OF PUBLIC OFFICE OR PARTY POSI-
TION;
(VIII) PAYMENT OF ANY FINES OR PENALTIES ASSESSED PURSUANT TO THIS
CHAPTER OR IN CONNECTION WITH A CRIMINAL CONVICTION OR BY THE JOINT
COMMISSION FOR PUBLIC ETHICS PURSUANT TO SECTION NINETY-FOUR OF THE
EXECUTIVE LAW OR SECTIONS SEVENTY-THREE OR SEVENTY-THREE-A OF THE
PUBLIC OFFICERS LAW OR THE LEGISLATIVE ETHICS COMMISSION PURSUANT TO
SECTION EIGHTY OF THE LEGISLATIVE LAW, PROVIDED, HOWEVER, FUNDS MAY BE
USED TO SATISFY AN ORDER OF RESTITUTION IN CONNECTION WITH SUCH FINE OR
PENALTY;
(IX) DUES, FEES, OR GRATUITIES AT A COUNTRY CLUB, HEALTH CLUB, RECRE-
ATIONAL FACILITY OR OTHER NONPOLITICAL ORGANIZATION, UNLESS THEY ARE
PART OF A SPECIFIC FUNDRAISING EVENT THAT TAKES PLACE ON THE ORGANIZA-
TION'S PREMISES; AND
(X) TRAVEL EXPENSES INCLUDING AUTOMOBILE PURCHASES OR LEASES, UNLESS
USED FOR CAMPAIGN PURPOSES OR IN CONNECTION WITH THE EXECUTION OF THE
DUTIES OF PUBLIC OFFICE OR PARTY POSITION. IF A CANDIDATE USES CAMPAIGN
FUNDS TO PAY EXPENSES ASSOCIATED WITH TRAVEL THAT INVOLVES BOTH PERSONAL
ACTIVITIES AND CAMPAIGN ACTIVITIES OR ACTIVITIES IN CONNECTION WITH THE
EXECUTION OF THE DUTIES OF PUBLIC OFFICE OR PARTY POSITION, THE INCRE-
MENTAL EXPENSES THAT RESULT FROM THE PERSONAL ACTIVITIES SHALL BE
CONSIDERED PERSONAL USE UNLESS THE PERSON BENEFITING FROM SUCH PERSONAL
USE REIMBURSES THE CAMPAIGN ACCOUNT FOR THE FULL AMOUNT OF SUCH INCRE-
MENTAL EXPENSES.
4. NOTHING IN THIS SECTION SHALL PROHIBIT A CANDIDATE FROM PURCHASING
EQUIPMENT OR PROPERTY FROM HIS OR HER PERSONAL FUNDS AND LEASING OR
RENTING SUCH EQUIPMENT OR PROPERTY TO A COMMITTEE WORKING DIRECTLY OR
INDIRECTLY WITH HIM TO AID OR PARTICIPATE IN HIS OR HER NOMINATION OR
ELECTION, INCLUDING AN EXPLORATORY COMMITTEE, PROVIDED THAT THE CANDI-
DATE AND HIS OR HER CAMPAIGN TREASURER SIGN A WRITTEN LEASE OR RENTAL
AGREEMENT. SUCH AGREEMENT SHALL INCLUDE THE LEASE OR RENTAL PRICE, WHICH
SHALL NOT EXCEED THE FAIR LEASE OR RENTAL VALUE OF THE EQUIPMENT. THE
CANDIDATE SHALL NOT RECEIVE LEASE OR RENTAL PAYMENTS WHICH, IN THE
AGGREGATE, EXCEED THE COST OF PURCHASING THE EQUIPMENT OR PROPERTY.
5. NOTHING IN THIS SECTION SHALL PROHIBIT AN ELECTED PUBLIC OFFICE-
HOLDER FROM USING CAMPAIGN CONTRIBUTIONS TO FACILITATE, SUPPORT, OR
OTHERWISE ASSIST IN THE EXECUTION OR PERFORMANCE OF THE DUTIES OF HIS OR
HER PUBLIC OFFICE.
6. THE STATE BOARD OF ELECTIONS SHALL ISSUE ADVISORY OPINIONS UPON
REQUEST REGARDING EXPENDITURES THAT MAY OR MAY NOT BE CONSIDERED
PERSONAL USE OF CONTRIBUTIONS. SUCH ADVISORY OPINIONS SHALL BE BINDING
ON THE BOARD, THE CHIEF ENFORCEMENT COUNSEL ESTABLISHED BY SUBDIVISION
THREE-A OF SECTION 3-100 OF THIS CHAPTER, AND IN ANY SUBSEQUENT CIVIL OR
CRIMINAL ACTION OR PROCEEDING OR ADMINISTRATIVE PROCEEDING.
S 4. Subdivision 3 of section 14-124 of the election law, as amended
by chapter 71 of the laws of 1988, is amended to read as follows:
3. The contribution and receipt limits of this article shall not apply
to monies received and expenditures made by a party committee or consti-
A. 6005 17
tuted committee to maintain a permanent headquarters and staff and carry
on ordinary activities which are not for the express purpose of promot-
ing OR OPPOSING the candidacy of specific candidates. PROVIDED THAT
SUCH MONIES DESCRIBED IN THIS SUBDIVISION SHALL BE KEPT IN A SEGREGATED
ACCOUNT AND SHALL NOT BE TRANSFERRED OR CONTRIBUTED, UNLESS SUCH TRANS-
FER OR CONTRIBUTION IS TO THE SEGREGATED ACCOUNT OF ANOTHER PARTY
COMMITTEE OR CONSTITUTED COMMITTEE TO BE USED ONLY FOR NON-CANDIDATE
EXPENDITURES. PROVIDED, FURTHER, THAT SUCH MONIES MAY NOT BE USED TO
PAY FOR ANY POLITICAL COMMUNICATION THAT INCLUDES OR REFERENCES THE
NAME, LIKENESS OR VOICE OF ANY CLEARLY IDENTIFIED CANDIDATE OR ELECTED
OFFICIAL.
S 5. Paragraph (a) of subdivision 1 and paragraph (d) of subdivision 3
of section 14-107 of the election law, as added by section 4 of subpart
C of part H of chapter 55 of the laws of 2014, are amended to read as
follows:
(a) "Independent expenditure" means an expenditure made by a person
conveyed to five hundred or more members of a general public audience in
the form of (i) an audio or video communication via broadcast, cable or
satellite, (ii) a written communication via advertisements, pamphlets,
circulars, flyers, brochures, letterheads or (iii) other published
statements which: (i) irrespective of when such communication is made,
contains words such as "vote," "oppose," "support," "elect," "defeat,"
or "reject," which call for the election or defeat of the clearly iden-
tified candidate, [or] (ii) refers to and advocates for or against a
clearly identified candidate or ballot proposal on or after January
first of the year of the election in which such candidate is seeking
office or such proposal shall appear on the ballot, OR (III) WITHIN
SIXTY DAYS BEFORE A GENERAL OR SPECIAL ELECTION FOR THE OFFICE SOUGHT BY
THE CANDIDATE OR THIRTY DAYS BEFORE A PRIMARY ELECTION, INCLUDES OR
REFERENCES A CLEARLY IDENTIFIED CANDIDATE. An independent expenditure
shall not include communications where such candidate, the candidate's
political committee or its agents, or a political committee formed to
promote the success or defeat of a ballot proposal or its agents, did
authorize, request, suggest, foster or cooperate in such communication.
(d) A knowing and willful violation of the provisions of this subdivi-
sion shall subject the person to a civil penalty [equal] UP to five
thousand dollars or the cost of the communication, whichever is greater,
in a special proceeding or civil action brought by the board [or imposed
directly by the board] of elections.
S 6. Subdivision 1 of section 14-118 of the election law, as amended
by chapter 156 of the laws of 2010, is amended to read as follows:
1. Every political committee shall have a treasurer and a depository,
and shall cause the treasurer to keep detailed, bound accounts of all
receipts, transfers, loans, liabilities, contributions and expenditures,
made by the committee or any of its officers, members or agents acting
under its authority or in its behalf. All such accounts shall be
retained by a treasurer for a period of five years from the date of the
filing of the final statement with respect to the election, primary
election or convention to which they pertain. No officer, member or
agent of any political committee shall receive any receipt, transfer or
contribution, or make any expenditure or incur any liability until the
committee shall have chosen a treasurer and depository and filed their
names in accordance with this subdivision. There shall be filed in the
office in which the committee is required to file its statements under
section 14-110 of this article, within five days after the choice of a
treasurer and depository, a statement giving the name and address of the
A. 6005 18
treasurer chosen, the name and address of any person authorized to sign
checks by such treasurer, the name and address of the depository chosen
and the candidate or candidates or ballot proposal or proposals the
success or defeat of which the committee is to aid or take part;
provided, however, that such statement shall not be required of a
constituted committee and provided further that a political ACTION
committee which makes no expenditures, to aid or take part in the
election or defeat of a candidate, other than in the form of contrib-
utions, shall not be required to list the candidates being supported or
opposed by such committee. Such statement shall be signed by the treas-
urer and all other persons authorized to sign checks. Any change in the
information required in any statement shall be reported, in an amended
statement filed in the same manner and in the same office as an original
statement filed under this section, within two days after it occurs,
except that any change to the mailing address on any such statement
filed at the state board may also be made in any manner deemed accepta-
ble by the state board. Only a banking organization authorized to do
business in this state may be designated a depository hereunder.
S 7. The election law is amended by adding a new section 14-107-a to
read as follows:
S 14-107-A. PROHIBITED SPENDING BY INDEPENDENT EXPENDITURE COMMITTEES
AND POLITICAL ACTION COMMITTEES. 1. AN INDEPENDENT EXPENDITURE COMMITTEE
SHALL NOT CONTRIBUTE TO ANY CANDIDATE, CONSTITUTED COMMITTEE, POLITICAL
COMMITTEE, OR POLITICAL PARTY.
2. A POLITICAL ACTION COMMITTEE SHALL NOT MAKE ANY INDEPENDENT EXPEND-
ITURES OR CONTRIBUTIONS TO ANY INDEPENDENT EXPENDITURE COMMITTEE.
S 8. Section 14-126 of the election law is amended by adding a new
subdivision 3-a to read as follows:
3-A. ANY PERSON WHO, ACTING AS OR ON BEHALF OF AN INDEPENDENT EXPENDI-
TURE COMMITTEE OR A POLITICAL ACTION COMMITTEE, KNOWINGLY AND WILLFULLY
VIOLATES SECTION 14-107-A OF THIS ARTICLE SHALL BE SUBJECT TO A CIVIL
PENALTY, NOT IN EXCESS OF ONE THOUSAND DOLLARS, TO BE RECOVERABLE IN A
SPECIAL PROCEEDING OR CIVIL ACTION TO BE BROUGHT BY THE STATE BOARD OF
ELECTIONS.
S 9. Section 14-116 of the election law, subdivision 1 as redesignated
by chapter 9 of the laws of 1978, subdivision 2 as amended by chapter
260 of the laws of 1981, is amended to read as follows:
S 14-116. Political contributions by certain organizations. 1. No
corporation, LIMITED LIABILITY COMPANY, or joint-stock association doing
business in this state, except a corporation or association organized or
maintained for political purposes only, shall directly or indirectly pay
or use or offer, consent or agree to pay or use any money or property
for or in aid of any political party, committee or organization, or for,
or in aid of, any corporation, LIMITED LIABILITY COMPANY, joint-stock or
other association organized or maintained for political purposes, or
for, or in aid of, any candidate for political office or for nomination
for such office, or for any political purpose whatever, or for the
reimbursement or indemnification of any person for moneys or property so
used. Any officer, director, stock-holder, attorney or agent of any
corporation, LIMITED LIABILITY COMPANY, or joint-stock association which
violates any of the provisions of this section, who participates in,
aids, abets or advises or consents to any such violations, and any
person who solicits or knowingly receives any money or property in
violation of this section, shall be guilty of a misdemeanor.
2. Notwithstanding the provisions of subdivision one of this section,
any corporation or an organization financially supported in whole or in
A. 6005 19
part, by such corporation may make expenditures, including contrib-
utions, not otherwise prohibited by law, for political purposes, in an
amount not to exceed five thousand dollars in the aggregate in any
calendar year; provided that no public utility shall use revenues
received from the rendition of public service within the state for
contributions for political purposes unless such cost is charged to the
shareholders of such a public service corporation.
S 10. This act shall take effect immediately, provided, however, that
section three of this act shall take effect on the sixtieth day after it
shall have become a law.
PART F
Intentionally Omitted
PART G
Intentionally Omitted
PART H
Section 1. Paragraph d of subdivision 1 of section 130 of the civil
service law is amended by adding four new subparagraphs 4, 5, 6 and 7 to
read as follows:
(4) EFFECTIVE JULY FIRST, TWO THOUSAND FIFTEEN:
GRADE HIRING JOB
RATE RATE
M/C 3 $23,927 $30,588
M/C 4 $24,983 $31,977
M/C 5 $26,482 $33,528
M/C 6 $27,606 $35,248
M/C 7 $29,198 $37,156
M/C 8 $30,800 $39,071
M/C 9 $32,560 $41,150
M/C 10 $34,315 $43,433
M/C 11 $36,396 $45,844
M/C 12 $38,316 $48,249
M/C 13 $40,546 $50,929
M/C 14 $42,955 $53,731
M/C 15 $45,345 $56,632
M/C 16 $47,901 $59,653
M/C 17 $50,618 $62,942
M/C 18 $50,887 $63,146
M/C 19 $53,616 $66,429
M/C 20 $56,349 $69,761
M/C 21 $59,388 $73,364
M/C 22 $62,580 $77,218
M/C 23 $65,788 $82,195
M 1 $71,009 $89,758
M 2 $78,752 $99,545
M 3 $87,404 $110,451
M 4 $96,672 $121,997
M 5 $107,340 $135,616
M 6 $118,847 $149,486
A. 6005 20
M 7 $131,002 $162,244
M 8 $110,453+
(5) EFFECTIVE APRIL FIRST, TWO THOUSAND SIXTEEN:
GRADE HIRING JOB
RATE RATE
M/C 3 $24,406 $31,200
M/C 4 $25,483 $32,617
M/C 5 $27,012 $34,199
M/C 6 $28,158 $35,953
M/C 7 $29,782 $37,899
M/C 8 $31,416 $39,852
M/C 9 $33,211 $41,973
M/C 10 $35,001 $44,302
M/C 11 $37,124 $46,761
M/C 12 $39,082 $49,214
M/C 13 $41,357 $51,948
M/C 14 $43,814 $54,806
M/C 15 $46,252 $57,765
M/C 16 $48,859 $60,846
M/C 17 $51,630 $64,201
M/C 18 $51,905 $64,409
M/C 19 $54,688 $67,758
M/C 20 $57,476 $71,156
M/C 21 $60,576 $74,831
M/C 22 $63,832 $78,762
M/C 23 $67,104 $83,839
M 1 $72,429 $91,553
M 2 $80,327 $101,536
M 3 $89,152 $112,660
M 4 $98,605 $124,437
M 5 $109,487 $138,328
M 6 $121,224 $152,476
M 7 $133,622 $165,489
M 8 $112,662+
(6) EFFECTIVE APRIL FIRST, TWO THOUSAND SEVENTEEN:
GRADE HIRING JOB
RATE RATE
M/C 3 $24,894 $31,824
M/C 4 $25,993 $33,269
M/C 5 $27,552 $34,883
M/C 6 $28,721 $36,672
M/C 7 $30,378 $38,657
M/C 8 $32,044 $40,649
M/C 9 $33,875 $42,812
M/C 10 $35,701 $45,188
M/C 11 $37,866 $47,696
M/C 12 $39,864 $50,198
M/C 13 $42,184 $52,987
M/C 14 $44,690 $55,902
M/C 15 $47,177 $58,920
M/C 16 $49,836 $62,063
M/C 17 $52,663 $65,485
M/C 18 $52,943 $65,697
M/C 19 $55,782 $69,113
M/C 20 $58,626 $72,579
M/C 21 $61,788 $76,328
A. 6005 21
M/C 22 $65,109 $80,337
M/C 23 $68,446 $85,516
M 1 $73,878 $93,384
M 2 $81,934 $103,567
M 3 $90,935 $114,913
M 4 $100,577 $126,926
M 5 $111,677 $141,095
M 6 $123,648 $155,526
M 7 $136,294 $168,799
M 8 $114,915+
(7) EFFECTIVE APRIL FIRST, TWO THOUSAND EIGHTEEN:
GRADE HIRING JOB
RATE RATE
M/C 3 $25,143 $32,142
M/C 4 $26,253 $33,602
M/C 5 $27,828 $35,232
M/C 6 $29,008 $37,039
M/C 7 $30,682 $39,044
M/C 8 $32,364 $41,055
M/C 9 $34,214 $43,240
M/C 10 $36,058 $45,640
M/C 11 $38,245 $48,173
M/C 12 $40,263 $50,700
M/C 13 $42,606 $53,517
M/C 14 $45,137 $56,461
M/C 15 $47,649 $59,509
M/C 16 $50,334 $62,684
M/C 17 $53,190 $66,140
M/C 18 $53,472 $66,354
M/C 19 $56,340 $69,804
M/C 20 $59,212 $73,305
M/C 21 $62,406 $77,091
M/C 22 $65,760 $81,140
M/C 23 $69,130 $86,371
M 1 $74,617 $94,318
M 2 $82,753 $104,603
M 3 $91,844 $116,062
M 4 $101,583 $128,195
M 5 $112,794 $142,506
M 6 $124,884 $157,081
M 7 $137,657 $170,487
M 8 $116,064+
S 2. Subdivision 1 of section 19 of the correction law, as added by
section 2 of part B of chapter 491 of the laws of 2011, is amended to
read as follows:
1. This section shall apply to each superintendent of a correctional
facility appointed on or after August ninth, nineteen hundred seventy-
five and any superintendent heretofore appointed who elects to be
covered by the provisions thereof by filing such election with the
commissioner.
a. The salary schedule for superintendents of a correctional facility
with an inmate population capacity of four hundred or more inmates shall
be as follows:
Effective April first, two thousand eleven:
Hiring Rate Job Rate
A. 6005 22
$105,913 $144,535
Effective April first, two thousand fourteen:
Hiring Rate Job Rate
$108,031 $147,426
Effective April first, two thousand fifteen:
Hiring Rate Job Rate
$110,192 $150,375
EFFECTIVE JULY FIRST, TWO THOUSAND FIFTEEN:
HIRING RATE JOB RATE
$112,396 $153,383
EFFECTIVE APRIL FIRST, TWO THOUSAND SIXTEEN:
HIRING RATE JOB RATE
$114,644 $156,451
EFFECTIVE APRIL FIRST, TWO THOUSAND SEVENTEEN:
HIRING RATE JOB RATE
$116,937 $159,580
EFFECTIVE APRIL FIRST, TWO THOUSAND EIGHTEEN:
HIRING RATE JOB RATE
$118,106 $161,176
b. The salary schedule for superintendents of correctional facilities
with an inmate population capacity of fewer than four hundred inmates
shall be as follows:
Effective April first, two thousand eleven:
Hiring Rate Job Rate
$82,363 $104,081
Effective April first, two thousand fourteen:
Hiring Rate Job Rate
$84,010 $106,163
Effective April first, two thousand fifteen:
Hiring Rate Job Rate
$85,690 $108,286
EFFECTIVE JULY FIRST, TWO THOUSAND FIFTEEN:
HIRING RATE JOB RATE
$87,404 $110,452
EFFECTIVE APRIL FIRST, TWO THOUSAND SIXTEEN:
HIRING RATE JOB RATE
$89,152 $112,661
EFFECTIVE APRIL FIRST, TWO THOUSAND SEVENTEEN:
HIRING RATE JOB RATE
$90,935 $114,914
EFFECTIVE APRIL FIRST, TWO THOUSAND EIGHTEEN:
HIRING RATE JOB RATE
$91,844 $116,063
S 3. Compensation for certain state officers and employees. 1. The
provisions of this section, except subdivision 10 of this section, shall
apply to the following full-time state officers and employees. The
provisions of subdivision 10 shall apply only to those individuals spec-
ified therein.
(a) officers and employees whose positions are designated managerial
or confidential pursuant to article 14 of the civil service law;
(b) civilian state employees of the division of military and naval
affairs in the executive department whose positions are not in, or are
excluded from representation rights in, any recognized or certified
negotiating unit;
A. 6005 23
(c) officers and employees excluded from representation rights under
article 14 of the civil service law pursuant to rules or regulations of
the public employment relations board;
(d) officers and employees whose salaries are prescribed by section 19
of the correction law;
(e) officers and employees whose salaries are provided for by para-
graph (a) of subdivision 1 of section 215 of the executive law.
2. For such officers and employees the following increases shall
apply:
(a) Effective July 1, 2015, the basic annual salary of officers and
employees to whom the provisions of this subdivision apply shall be
increased by two percent adjusted to the nearest whole dollar amount.
(b) Effective April 1, 2016, the basic annual salary of officers and
employees to whom the provisions of this subdivision apply shall be
increased by two percent adjusted to the nearest whole dollar amount.
(c) Effective April 1, 2017, the basic annual salary of officers and
employees to whom the provisions of this subdivision apply shall be
increased by two percent adjusted to the nearest whole dollar amount.
(d) Effective April 1, 2018, the basic annual salary of officers and
employees to whom the provisions of this subdivision apply shall be
increased by one percent adjusted to the nearest whole dollar amount.
3. If an unencumbered position is one that, if encumbered, would be
subject to the provisions of this section, the salary of such position
shall be increased by the salary increase amounts specified in this
section. If a position is created and is filled by the appointment of an
officer or employee who is subject to the provisions of this section,
the salary otherwise provided for such position shall be increased in
the same manner as though such position had been in existence but unen-
cumbered.
4. The increases in salary pursuant to this section shall apply on a
prorated basis in accordance with guidelines issued by the director of
the budget to officers and employees otherwise eligible to receive an
increase in salary pursuant to this act who are paid on an hourly or per
diem basis, employees serving on a part-time or seasonal basis, and
employees paid on any basis other than at an annual salary rate.
5. Notwithstanding any of the foregoing provisions of this section,
the provisions of this section shall not apply to the following except
as otherwise provided by law:
(a) officers or employees paid on a fee schedule basis;
(b) officers or employees whose salaries are prescribed by section 40,
60, or 169 of the executive law;
(c) officers or employees in collective negotiating units established
pursuant to article 14 of the civil service law.
6. Officers and employees to whom the provisions of this section apply
who are incumbents of positions that are not allocated to salary grades
specified in paragraph d of subdivision 1 of section 130 of the civil
service law and whose salary is not prescribed in any other statute
shall receive the salary increases specified in subdivision two of this
section.
7. In order to provide performance advancements, merit awards, longev-
ity payments, in lieu payments and special achievement awards for the
officers and employees to whom this section applies who are not allo-
cated to salary grades in proportion to those provided to persons to
whom this section applies who are allocated to salary grades, the direc-
tor of the budget is authorized to add appropriate adjustments to the
compensation that such officers and employees are otherwise entitled to
A. 6005 24
receive. The director of the budget shall amend each agency's personal
service certificate to reflect the increases made pursuant to the
provisions of this subdivision, and the updated certificate will contin-
ue to be available to the state comptroller, the department of civil
service, the chairman of the senate finance committee and the chairman
of the assembly ways and means committee.
8. Notwithstanding any of the foregoing provisions of this section,
any increase in compensation for any officer or employee appointed to a
lower graded position from a redeployment list pursuant to subdivision 1
of section 79 of the civil service law who continues to receive his or
her former salary pursuant to such subdivision shall be determined on
the basis of such lower graded position provided, however, that the
increases in salary provided in subdivision two of this section shall
not cause such officer's or employee's salary to exceed the job rate of
any such lower graded position at salary grade.
9. Notwithstanding any of the foregoing provisions of this section or
of any law to the contrary, the director of the budget may reduce the
salary of any position which is vacant or which becomes vacant, so long
as the position, if encumbered, would be subject to the provisions of
this section. The director of the budget does not need to provide a
reason for such reduction.
10. Compensation for certain state employees in the state university
and certain employees of contract colleges at Cornell and Alfred univer-
sities.
(a) Effective July 1, 2015, April 1, 2016, April 1, 2017 and April 1,
2018, the basic annual salary of incumbents of positions in the profes-
sional service in the state university that are designated, stipulated,
or excluded from negotiating units as managerial or confidential as
defined pursuant to article 14 of the civil service law, may be
increased pursuant to plans approved by the state university trustees.
Such increases in basic annual salary rates shall not exceed in the
aggregate two percent of the total basic annual salary rates in effect
on June 30, 2015, two percent of the total basic annual salary rates in
effect on March 31, 2016, two percent of the total basic annual salary
rates in effect on March 31, 2017 and one percent of the total basic
annual salary rates in effect on March 31, 2018.
(b) Effective July 1, 2015, April 1, 2016, April 1, 2017 and April 1,
2018, the basic annual salary of incumbents of positions in the insti-
tutions under the management and control of Cornell and Alfred universi-
ties as representatives of the board of trustees of the state university
that, in the opinion of the director of employee relations, would be
designated managerial or confidential were they subject to article 14 of
the civil service law may be increased pursuant to plans approved by the
state university trustees. Such increases in basic annual salary rates
shall not exceed in the aggregate two percent of the total basic annual
salary rates in effect on June 30, 2015, two percent of the total basic
annual salary rates in effect on March 31, 2016, two percent of the
total basic annual salary rates in effect on March 31, 2017 and one
percent of the total basic annual salary rates in effect on March 31,
2018.
(c) During the period July 1, 2015 through March 31, 2019, the basic
annual salary of incumbents of positions in the non-professional service
that, in the opinion of the director of employee relations, would be
designated managerial or confidential were they subject to article 14 of
the civil service law, except those positions in the Cornell service and
maintenance unit that are subject to the terms of a collective bargain-
A. 6005 25
ing agreement between Cornell university and the employee organization
representing employees in such positions and except those positions in
the Alfred service and maintenance unit that are subject to the terms of
a collective bargaining agreement between Alfred university and the
employee organization representing employees in such positions, in
institutions under the management and control of Cornell and Alfred
universities as representatives of the board of trustees of the state
university may be increased pursuant to plans approved by the state
university trustees. Such plans may include new salary schedules which
shall supersede the salary schedules then in effect applicable to such
employees. Such plans shall provide for increases in basic annual sala-
ries, which, exclusive of performance advancement payments or merit
recognition payments, shall not exceed in the aggregate two percent of
the total basic annual salary rates in effect on June 30, 2015, two
percent of the total basic annual salary rates in effect on March 31,
2016, two percent of the total basic annual salary rates in effect on
March 31, 2017 and one percent of the total basic annual salary rates in
effect on March 31, 2018.
(d) For the purposes of this subdivision, the basic annual salary of
an employee is that salary that is obtained through direct appropriation
of state moneys for the purpose of paying wages. Nothing in this part
shall prevent increasing amounts paid to incumbents of such positions in
the professional service in addition to the basic annual salary,
provided, however, that the amounts required for such increase and the
cost of fringe benefits attributable to such increase, as determined by
the comptroller, are made available to the state in accordance with the
procedures established by the state university, with the approval of the
director of the budget, for such purposes.
S 4. Use of appropriations. The comptroller is authorized to pay any
amounts required during the fiscal year commencing April 1, 2015 by the
foregoing provisions of this act for any state department or agency from
any appropriation or other funds available to such state department or
agency for personal service or for other related employee benefits
during such fiscal year. To the extent that such appropriations in any
fund, or combinations of funds, are insufficient to accomplish the
purposes herein set forth, the director of the budget is authorized to
allocate to any department and agency funds, from any appropriations
available in any other department's or agency's fund or funds, the
amounts necessary to pay such amounts.
S 5. Effect of participation in special annuity program. No officer or
employee participating in a special annuity program pursuant to the
provision of article 8-C of the education law shall, by reason of an
increase in compensation pursuant to this act, suffer any reduction of
the salary adjustment to which that employee would otherwise be entitled
by reason of participation in such program, and such salary adjustment
shall be based upon the salary of such officer or employee without
regard to the reduction authorized by such article.
S 6. Date of entitlement to salary increase. Notwithstanding the
provisions of this act or of any other law, the increase in salary or
compensation of any officer or employee provided by this act shall be
added to the salary or compensation of such officer or employee at the
beginning of that payroll period the first day of which is nearest to
the effective date of such increase as provided in this act, or at the
beginning of the earlier of two payroll periods the first days of which
are nearest but equally near to the effective date of such increase as
provided in this act, provided, however, that for the purposes of deter-
A. 6005 26
mining the salary of such officer or employee upon reclassification,
reallocation, appointment, promotion, transfer, demotion, reinstatement
or other change of status, such salary increase shall be deemed to be
effective on the date thereof as prescribed in this act, and the payment
thereof pursuant to this section on a date prior thereto, instead of on
such effective date, shall not operate to confer any additional salary
rights or benefits on such officer or employee.
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, 2015.
PART I
Intentionally Omitted
PART J
Section 1. Subdivision 2 of section 164 of the civil service law, as
added by section 1 of part W of chapter 56 of the laws of 2008, is
amended to read as follows:
2. [During the fiscal year two thousand eight--two thousand nine]
DURING THE FISCAL YEAR TWO THOUSAND FIFTEEN--TWO THOUSAND SIXTEEN, the
president [shall] MAY establish an amnesty period not to exceed sixty
days, PROVIDED THAT THE PRESIDENT CONDUCTS A NYSHIP DEPENDENT ELIGIBIL-
ITY AUDIT DURING THE FISCAL YEAR TWO THOUSAND FIFTEEN--TWO THOUSAND
SIXTEEN. During this amnesty period when any employee enrolled in the
plan voluntarily identifies any ineligible dependent:
(a) the termination of the ineligible dependent's coverage resulting
from such employee's timely compliance shall be made on a current basis;
(b) the plan shall not seek recovery of any claims paid based on the
coverage of the ineligible dependent;
(c) the employee shall not be entitled to any refund of premium paid
on behalf of any such ineligible dependent; and
(d) the employee shall not be subject to any disciplinary, civil or
criminal action, directly as a result of the coverage of the ineligible
dependent.
S 2. This act shall take effect immediately.
PART K
Section 1. Subdivisions 2 and 3 of section 92-cc of the state finance
law, subdivision 2 as amended by section 17 of part U of chapter 59 of
the laws of 2012 and subdivision 3 as added by chapter 1 of the laws of
2007, are amended to read as follows:
2. Such fund shall have a maximum balance not to exceed [three] EIGHT
per centum of the aggregate amount projected to be disbursed from the
general fund during the fiscal year immediately following the then-cur-
rent fiscal year. At the request of the director of the budget, the
state comptroller shall transfer monies to the rainy day reserve fund up
to and including an amount equivalent to [three-tenths of] one per
centum of the aggregate amount projected to be disbursed from the gener-
al fund during the then-current fiscal year, unless such transfer would
increase the rainy day reserve fund to an amount in excess of [three]
EIGHT per centum of the aggregate amount projected to be disbursed from
the general fund during the fiscal year immediately following the then-
current fiscal year, in which event such transfer shall be limited to
A. 6005 27
such amount as will increase the rainy day reserve fund to such [three]
EIGHT per centum limitation.
3. a. The amounts available in such reserve may be used if the follow-
ing conditions are met:
(i) Economic downturn. The commissioner of labor shall calculate and
publish, on or before the fifteenth day of each month, a composite index
of business cycle indicators. Such index shall be calculated using
monthly data on New York state employment, total manufacturing hours
worked, and unemployment prepared by the department of labor or its
successor agency, and total sales tax collected net of law changes,
prepared by the department of taxation and finance or its successor
agency. Such index shall be constructed in accordance with the proce-
dures for calculating composite indexes issued by the conference board
or its successor organization, and adjusted for seasonal variations in
accordance with the procedures issued by the census bureau of the United
States department of commerce or its successor agency. If the composite
index declines for [five] THREE consecutive months, the commissioner of
labor shall notify the governor, the speaker of the assembly, the tempo-
rary president of the senate, and the minority leaders of the assembly
and the senate. Upon such notification, the director of the budget may
authorize and direct the comptroller to transfer from the rainy day
reserve fund to the general fund such amounts as the director of the
budget deems necessary to meet the requirements of the state financial
plan. The authority to transfer funds under the provisions of this
subdivision shall lapse when the composite index shall have increased
for [five] THREE consecutive months or twelve months from the original
notification of the commissioner of labor, whichever occurs earlier.
Provided, however, that for every additional and consecutive monthly
decline succeeding the [five] THREE month decline so noted by the
commissioner of labor, the twelve month lapse date shall be extended by
one additional month; or
(ii) Catastrophic events. In the event of a need to repel invasion,
suppress insurrection, defend the state in war, or to respond to any
other emergency resulting from a disaster, including but not limited to,
a disaster caused by an act of terrorism, the director of the budget may
authorize and direct the comptroller to transfer from the rainy day
reserve fund to the general fund such amounts as the director of the
budget deems necessary to meet the requirements of the state financial
plan.
b. Prior to authorizing any transfer from the rainy day reserve fund
pursuant to the provisions of this section, the director of the budget
shall notify the speaker of the assembly, the temporary president of the
senate, and the minority leaders of the assembly and the senate. Such
letter shall specify the reasons for the transfer and the amount there-
of. Any amounts transferred from the rainy day reserve fund to the
general fund shall be subject to all the repayment provisions of this
section.
S 2. Paragraphs a-1, a-2 and a-3 of subdivision 3 of section 22 of the
state finance law, as added by chapter 10 of the laws of 2006, are
amended to read as follows:
a-1. For each state agency, the appropriations, including reappropri-
ations, made for THE PRIOR TWO STATE FISCAL YEARS, the current STATE
fiscal year and recommended for the ensuing STATE fiscal year for
contracts for services made for state purposes.
a-2. For each state agency, the disbursements FOR THE PRIOR TWO STATE
FISCAL YEARS, AND THE DISBURSEMENTS estimated to be made before the
A. 6005 28
close of the current STATE fiscal year and proposed to be made during
the ensuing STATE fiscal year for contracts for services made for state
purposes.
a-3. For each state agency, the [estimated] ACTUAL number of FULL-TIME
EQUIVALENT employees hired for the current STATE fiscal year and [antic-
ipated] THE NUMBER OF FULL-TIME EQUIVALENT EMPLOYEES PLANNED to be hired
during the ensuing STATE fiscal year pursuant to contracts for services
made for state purposes based upon annual employment reports submitted
by contractors pursuant to section one hundred sixty-three of this chap-
ter.
S 3. Intentionally omitted.
S 4. This act shall take effect immediately.
PART L
Intentionally Omitted
PART M
Section 1. Section 3 of chapter 674 of the laws of 1993, amending the
public buildings law relating to value limitations on contracts, as
amended by chapter 61 of the laws of 2013, is amended to read as
follows:
S 3. This act shall take effect immediately and shall remain in full
force and effect only until June 30, [2015] 2017.
S 2. This act shall take effect immediately.
PART N
Section 1. The second undesignated paragraph of section 6 of the
public buildings law, as amended by chapter 237 of the laws of 1992, is
amended to read as follows:
Notwithstanding any inconsistent provisions of law, the commissioner
of general services may by rules delegate to the agency or department
having custody of any public building full responsibility for the prepa-
ration of plans and specifications and the supervision of minor, routine
or uncomplicated construction, reconstruction, alteration, improvement
or repair of any such building, providing the value of such work shall
not exceed ONE HUNDRED fifty thousand dollars.
S 2. This act shall take effect immediately.
PART O
Section 1. The state finance law is amended by adding a new section
93-b to read as follows:
S 93-B. DEDICATED INFRASTRUCTURE INVESTMENT FUND. 1. DEDICATED INFRAS-
TRUCTURE INVESTMENT FUND. (A) 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 "DEDICATED INFRASTRUCTURE
INVESTMENT FUND".
(B) ACCOUNT. THE DEDICATED INFRASTRUCTURE INVESTMENT FUND SHALL
CONSIST OF ONE ACCOUNT, THE "INFRASTRUCTURE INVESTMENT ACCOUNT". MONEYS
IN THIS ACCOUNT SHALL BE KEPT SEPARATE AND NOT COMMINGLED WITH ANY OTHER
MONEYS IN THE CUSTODY OF THE COMPTROLLER.
A. 6005 29
(C) SOURCES OF FUNDS. THE SOURCES OF FUNDS SHALL CONSIST OF ALL MONEYS
COLLECTED THEREFOR, OR MONEYS CREDITED, APPROPRIATED OR TRANSFERRED
THERETO FROM ANY OTHER FUND OR SOURCE PURSUANT TO LAW OR ANY OTHER
MONEYS MADE AVAILABLE FOR THE PURPOSES OF THE FUND. ANY INTEREST
RECEIVED BY THE COMPTROLLER ON MONEYS ON DEPOSIT SHALL BE RETAINED AND
BECOME PART OF THE FUND, UNLESS OTHERWISE DIRECTED BY LAW.
2. USES OF FUNDS. FOLLOWING APPROPRIATION BY THE LEGISLATURE, MONEYS
IN THE INFRASTRUCTURE INVESTMENT ACCOUNT SHALL BE AVAILABLE TO FINANCE
AND/OR REIMBURSE PROJECTS, WORKS, ACTIVITIES OR PURPOSES NECESSARY TO
SUPPORT STATEWIDE INVESTMENTS AS APPROPRIATED BY THE LEGISLATURE FROM
ANY CAPITAL PROJECTS FUND. NOTHING CONTAINED IN THIS SECTION SHALL BE
CONSTRUED TO LIMIT IN ANY WAY THE PROJECTS, WORKS, ACTIVITIES OR
PURPOSES THAT CAN BE FINANCED FROM THIS ACCOUNT, INCLUDING BUT NOT
LIMITED TO LOANS OF MONEY TO PUBLIC CORPORATIONS OR AUTHORITIES UNDER
TERMS APPROVED BY THE DIRECTOR OF THE BUDGET.
3. TRANSFERS. NOTWITHSTANDING ANY OTHER PROVISIONS OF LAW TO THE
CONTRARY, FOR THE STATE FISCAL YEAR COMMENCING ON APRIL FIRST, TWO THOU-
SAND FIFTEEN, THE COMPTROLLER IS HEREBY AUTHORIZED TO TRANSFER MONIES
FROM THE DEDICATED INFRASTRUCTURE INVESTMENT FUND TO THE GENERAL FUND,
AND FROM THE GENERAL FUND TO THE DEDICATED INFRASTRUCTURE INVESTMENT
FUND, IN AN AMOUNT DETERMINED BY THE DIRECTOR OF THE BUDGET TO THE
EXTENT MONEYS ARE AVAILABLE IN THE FUND; PROVIDED, HOWEVER, THAT THE
COMPTROLLER IS ONLY AUTHORIZED TO TRANSFER MONIES FROM THE DEDICATED
INFRASTRUCTURE INVESTMENT FUND TO THE GENERAL FUND IN THE EVENT OF AN
ECONOMIC DOWNTURN AS DESCRIBED IN PARAGRAPH (A) OF THIS SUBDIVISION; FOR
THE PURPOSE OF DISASTER READINESS, RESPONSE AND RESILIENCY AS DESCRIBED
IN PARAGRAPH (B) OF THIS SUBDIVISION; AND/OR TO OFFSET DECLINES IN
FEDERAL MEDICARE AND MEDICAID REVENUES IN EXCESS OF ONE HUNDRED MILLION
DOLLARS FROM ANTICIPATED LEVELS, AS DETERMINED BY THE DIRECTOR OF THE
BUDGET AND DESCRIBED IN PARAGRAPH (C) OF THIS SUBDIVISION.
(A) ECONOMIC DOWNTURN. NOTWITHSTANDING ANY LAW TO THE CONTRARY, FOR
THE PURPOSE OF THIS SECTION, THE COMMISSIONER OF LABOR SHALL CALCULATE
AND PUBLISH, ON OR BEFORE THE FIFTEENTH DAY OF EACH MONTH, A COMPOSITE
INDEX OF BUSINESS CYCLE INDICATORS. SUCH INDEX SHALL BE CALCULATED USING
MONTHLY DATA ON NEW YORK STATE EMPLOYMENT, TOTAL MANUFACTURING HOURS
WORKED, AND UNEMPLOYMENT PREPARED BY THE DEPARTMENT OF LABOR OR ITS
SUCCESSOR AGENCY, AND TOTAL SALES TAX COLLECTED NET OF LAW CHANGES,
PREPARED BY THE DEPARTMENT OF TAXATION AND FINANCE OR ITS SUCCESSOR
AGENCY. SUCH INDEX SHALL BE CONSTRUCTED IN ACCORDANCE WITH THE PROCE-
DURES FOR CALCULATING COMPOSITE INDEXES ISSUED BY THE CONFERENCE BOARD
OR ITS SUCCESSOR ORGANIZATION, AND ADJUSTED FOR SEASONAL VARIATIONS IN
ACCORDANCE WITH THE PROCEDURES ISSUED BY THE CENSUS BUREAU OF THE UNITED
STATES DEPARTMENT OF COMMERCE OR ITS SUCCESSOR AGENCY. IF THE COMPOSITE
INDEX DECLINES FOR THREE CONSECUTIVE MONTHS, THE COMMISSIONER OF LABOR
SHALL NOTIFY THE GOVERNOR, THE SPEAKER OF THE ASSEMBLY, THE TEMPORARY
PRESIDENT OF THE SENATE, AND THE MINORITY LEADERS OF THE ASSEMBLY AND
THE SENATE. UPON SUCH NOTIFICATION, THE DIRECTOR OF THE BUDGET MAY
AUTHORIZE AND DIRECT THE COMPTROLLER TO TRANSFER FROM THE DEDICATED
INFRASTRUCTURE INVESTMENT FUND TO THE GENERAL FUND SUCH AMOUNTS AS THE
DIRECTOR OF THE BUDGET DEEMS NECESSARY TO MEET THE REQUIREMENTS OF THE
STATE FINANCIAL PLAN.
(B) DISASTER READINESS, RESPONSE AND RESILIENCY. NOTWITHSTANDING ANY
LAW TO THE CONTRARY, IN ORDER TO PREPARE FOR, PREVENT, DETER OR RESPOND
TO ACTS OF TERRORISM; NATURAL OR MAN-MADE DISASTERS; PUBLIC SAFETY,
HEALTH, AND/OR OTHER EMERGENCIES, THE DIRECTOR OF THE BUDGET MAY AUTHOR-
IZE AND DIRECT THE COMPTROLLER TO TRANSFER FROM THE DEDICATED INFRAS-
A. 6005 30
TRUCTURE INVESTMENT FUND TO THE GENERAL FUND SUCH AMOUNTS AS THE DIREC-
TOR OF THE BUDGET DEEMS NECESSARY TO MEET THE REQUIREMENTS OF THE STATE
FINANCIAL PLAN.
(C) FEDERAL MEDICARE AND MEDICAID REVENUES. NOTWITHSTANDING ANY LAW TO
THE CONTRARY, THE DIRECTOR OF THE BUDGET MAY AUTHORIZE AND DIRECT THE
COMPTROLLER TO TRANSFER FROM THE DEDICATED INFRASTRUCTURE INVESTMENT
FUND TO THE GENERAL FUND AN AMOUNT NOT TO EXCEED THE DECLINE FROM ANTIC-
IPATED LEVELS OF FEDERAL MEDICARE AND MEDICAID REVENUES. IN THE EVENT
THIS AUTHORIZATION IS UTILIZED, THE DIRECTOR OF THE BUDGET MAY AUTHORIZE
AND DIRECT THE COMPTROLLER TO TRANSFER SUCH AMOUNT AND THE CONCOMITANT
REDUCTION IN STATE SHARE MEDICARE AND MEDICAID REVENUES FROM THE GENERAL
FUND TO THE MISCELLANEOUS SPECIAL REVENUE FUND, MENTAL HYGIENE PROGRAM
FUND (21907), THE MISCELLANEOUS SPECIAL REVENUE FUND, PATIENT INCOME
ACCOUNT (21909), AND THE MEDICAID MANAGEMENT INFORMATION SYSTEM (MMIS)
STATEWIDE ESCROW FUND (60901).
(D) PRIOR TO AUTHORIZING ANY TRANSFER FROM THE DEDICATED INFRASTRUC-
TURE INVESTMENT FUND ACCOUNTS PURSUANT TO THE PROVISIONS OF THIS
SECTION, THE DIRECTOR OF THE BUDGET SHALL NOTIFY THE SPEAKER OF THE
ASSEMBLY, THE TEMPORARY PRESIDENT OF THE SENATE, AND THE MINORITY LEAD-
ERS OF THE ASSEMBLY AND THE SENATE. SUCH LETTER SHALL SPECIFY THE
REASONS FOR THE TRANSFER AND THE AMOUNT THEREOF.
S 2. All work performed on a capital project wholly or partially fund-
ed by monies allocated or appropriated to or transferred from the dedi-
cated infrastructure investment fund where all or any portion thereof
involves a lease or agreement for construction, excavation, demolition,
rehabilitation, repair, renovation, alteration or improvement shall be
deemed public work and shall be subject to and performed in accordance
with the provisions of article 8 of the labor law to the same extent and
in the same manner as a contract of the state, and compliance with all
the provisions of article 8 of the labor law shall be required of any
lessee, sub lessee, contractor, or subcontractor on the capital project
including the enforcement of prevailing wage requirements by the fiscal
officer as defined in paragraph e of subdivision 5 of section 220 of the
labor law to the same extent as a contract of the state.
S 3. (a) None of the funds appropriated or otherwise made available by
this act may be used for a project for the construction, alteration,
maintenance, or repair of a public building or public work unless all of
the iron, steel, and manufactured goods that are permanently incorpo-
rated into the project are produced in the United States.
(b) Paragraph (a) shall not apply in any case or category of cases in
which the department, agency or authority involved finds that:
(1) applying paragraph (a) would be inconsistent with the public
interest;
(2) iron, steel, and the relevant manufactured goods are not produced
in the United States in sufficient and reasonably available quantities
and of a satisfactory quality; or
(3) inclusion of iron, steel, and manufactured goods produced in the
United States will increase the cost of the overall project by more than
25 percent.
(c) If the department, agency or authority determines that it is
necessary to waive the application of paragraph (a) based on a finding
under paragraph (b) the department, agency, or authority shall document
in writing, and post on its website, if one exists, a detailed
description of all decisions made justifying the provisions of paragraph
(a) being waived.
A. 6005 31
(d) This section shall be applied in a manner consistent with United
States obligations under international agreements including but not
limited to those signed with the Government of Canada.
(e) For purposes of this section "permanently incorporated" shall mean
an iron, steel or manufactured product that is required to remain in
place at the end of the project contract, in a fixed location, affixed
to the public work or public building to which it was incorporated.
Electronic and communications devices and machinery that are not
affixed to the public work or public building that are capable of being
moved from one location to another are not permanently incorporated into
a public building or public work.
S 4. This act shall take effect immediately provided that section two
and section three shall apply to all capital projects wholly or partial-
ly funded by monies allocated or appropriated to or transferred from the
dedicated infrastructure investment fund in which contracts for the
project are entered into, modified, amended, altered, or renewed on or
after the effective date of section one.
PART P
Section 1. The state comptroller is hereby authorized and directed to
loan money in accordance with the provisions set forth in subdivision 5
of section 4 of the state finance law to the following funds and/or
accounts:
1. Tuition reimbursement account (20451).
2. Proprietary vocational school supervision account (20452).
3. Local government records management account (20501).
4. Child health plus program account (20810).
5. EPIC premium account (20818).
6. Education - New (20901).
7. VLT - Sound basic education fund (20904).
8. Sewage treatment program management and administration fund
(21000).
9. Hazardous bulk storage account (21061).
10. Federal grants indirect cost recovery account (21065).
11. Low level radioactive waste account (21066).
12. Recreation account (21067).
13. Public safety recovery account (21077).
14. Environmental regulatory account (21081).
15. Natural resource account (21082).
16. Mined land reclamation program account (21084).
17. Great lakes restoration initiative account (21087).
18. Environmental protection and oil spill compensation fund (21200).
19. Public transportation systems account (21401).
20. Metropolitan mass transportation (21402).
21. Operating permit program account (21451).
22. Mobile source account (21452).
23. Statewide planning and research cooperative system account
(21902).
24. OPWDD provider of service account (21903).
25. Mental hygiene program fund account (21907).
26. Mental hygiene patient income account (21909).
27. Financial control board account (21911).
28. Regulation of racing account (21912).
29. New York Metropolitan Transportation Council account (21913).
30. State university dormitory income reimbursable account (21937).
A. 6005 32
31. Energy research account (21943).
32. Criminal justice improvement account (21945).
33. Fingerprint identification and technology account (21950).
34. Environmental laboratory reference fee account (21959).
35. Clinical laboratory reference system assessment account (21962).
36. Indirect cost recovery account (21978).
37. High school equivalency program account (21979).
38. Multi-agency training account (21989).
39. Bell jar collection account (22003).
40. Industry and utility service account (22004).
41. Real property disposition account (22006).
42. Parking account (22007).
43. Asbestos safety training program account (22009).
44. Batavia school for the blind account (22032).
45. Investment services account (22034).
46. Surplus property account (22036).
47. Financial oversight account (22039).
48. Regulation of indian gaming account (22046).
49. Rome school for the deaf account (22053).
50. Seized assets account (22054).
51. Administrative adjudication account (22055).
52. Federal salary sharing account (22056).
53. New York City assessment account (22062).
54. Cultural education account (22063).
55. Local services account (22078).
56. DHCR mortgage servicing account (22085).
57. Department of motor vehicles compulsory insurance account (22087).
58. Housing indirect cost recovery account (22090).
59. Accident prevention course program account (22094).
60. DHCR-HCA application fee account (22100).
61. Low income housing monitoring account (22130).
62. Corporation administration account (22135).
63. Montrose veteran's home account (22144).
64. Deferred compensation administration account (22151).
65. Rent revenue other New York City account (22156).
66. Rent revenue account (22158).
67. Tax revenue arrearage account (22168).
68. State university general income offset account (22654).
69. State police motor vehicle law enforcement account (22802).
70. Highway safety program account (23001).
71. EFC drinking water program account (23101).
72. DOH drinking water program account (23102).
73. NYCCC operating offset account (23151).
74. Commercial gaming revenue account (23701).
75. Commercial gaming regulation account (23702).
76. Highway and bridge capital account (30051).
77. State university residence hall rehabilitation fund (30100).
78. State parks infrastructure account (30351).
79. Clean water/clean air implementation fund (30500).
80. Hazardous waste remedial cleanup account (31506).
81. Youth facilities improvement account (31701).
82. Housing assistance fund (31800).
83. Housing program fund (31850).
84. Highway facility purpose account (31951).
85. Information technology capital financing account (32215).
86. New York racing account (32213).
A. 6005 33
87. Mental hygiene facilities capital improvement fund (32300).
88. Correctional facilities capital improvement fund (32350).
89. New York State Storm Recovery Capital Fund (33000).
90. OGS convention center account (50318).
91. Centralized services fund (55000).
92. Archives records management account (55052).
93. Federal single audit account (55053).
94. Civil service law section II administrative account (55055).
95. Civil service EHS occupational health program account (55056).
96. Banking services account (55057).
97. Cultural resources survey account (55058).
98. Neighborhood work project (55059).
99. Automation & printing chargeback account (55060).
100. OFT NYT account (55061).
101. Data center account (55062).
102. Intrusion detection account (55066).
103. Domestic violence grant account (55067).
104. Centralized technology services account (55069).
105. Labor contact center account (55071).
106. Human services contact center account (55072).
107. Tax contact center account (55073).
108. Executive direction internal audit account (55251).
109. CIO Information technology centralized services account (55252).
110. Health insurance internal service account (55300).
111. Civil service employee benefits division administrative account
(55301).
112. Correctional industries revolving fund (55350).
113. Employees health insurance account (60201).
114. Medicaid management information system escrow fund (60900).
S 1-a. The state comptroller is hereby authorized and directed to loan
money in accordance with the provisions set forth in subdivision 5 of
section 4 of the state finance law to any account within the following
federal funds, provided the comptroller has made a determination that
sufficient federal grant award authority is available to reimburse such
loans:
1. Federal USDA-food and nutrition services fund (25000).
2. Federal health and human services fund (25100).
3. Federal education fund (25200).
4. Federal block grant fund (25250).
5. Federal miscellaneous operating grants fund (25300).
6. Federal unemployment insurance administration fund (25900).
7. Federal unemployment insurance occupational training fund (25950).
8. Federal emergency employment act fund (26000).
9. Federal capital projects fund (31350).
S 2. Notwithstanding any law to the contrary, and in accordance with
section 4 of the state finance law, the comptroller is hereby authorized
and directed to transfer, upon request of the director of the budget, on
or before March 31, 2016, up to the unencumbered balance or the follow-
ing amounts:
Economic Development and Public Authorities:
1. $175,000 from the miscellaneous special revenue fund, underground
facilities safety training account (22172), to the general fund.
2. An amount up to the unencumbered balance from the miscellaneous
special revenue fund, business and licensing services account (21977),
to the general fund.
A. 6005 34
3. $14,810,000 from the miscellaneous special revenue fund, code
enforcement account (21904), to the general fund.
4. $3,000,000 from the general fund to the miscellaneous special
revenue fund, tax revenue arrearage account (22168).
5. $552,000 from the miscellaneous special revenue fund, consumer food
industry account (21966), to the general fund.
Education:
1. $2,219,000,000 from the general fund to the state lottery fund,
education account (20901), as reimbursement for disbursements made from
such fund for supplemental aid to education pursuant to section 92-c of
the state finance law that are in excess of the amounts deposited in
such fund for such purposes pursuant to section 1612 of the tax law.
2. $952,000,000 from the general fund to the state lottery fund, VLT
education account (20904), as reimbursement for disbursements made from
such fund for supplemental aid to education pursuant to section 92-c of
the state finance law that are in excess of the amounts deposited in
such fund for such purposes pursuant to section 1612 of the tax law.
3. Moneys from the state lottery fund up to an amount deposited in
such fund pursuant to section 1612 of the tax law in excess of the
current year appropriation for supplemental aid to education pursuant to
section 92-c of the state finance law.
4. $300,000 from the local government records management improvement
fund (20500) to the archives partnership trust fund (20350).
5. $900,000 from the general fund to the miscellaneous special revenue
fund, Batavia school for the blind account (22032).
6. $900,000 from the general fund to the miscellaneous special revenue
fund, Rome school for the deaf account (22053).
7. $343,400,000 from the state university dormitory income fund
(40350) to the miscellaneous special revenue fund, state university
dormitory income reimbursable account (21937).
8. $24,000,000 from any of the state education department special
revenue and internal service funds to the miscellaneous special revenue
fund, indirect cost recovery account (21978).
9. $8,318,000 from the general fund to the state university income
fund, state university income offset account (22654), for the state's
share of repayment of the STIP loan.
10. $45,000,000 from the state university income fund, state universi-
ty hospitals income reimbursable account (22656) to the general fund for
hospital debt service for the period April 1, 2015 through March 31,
2016.
Environmental Affairs:
1. $16,000,000 from any of the department of environmental conserva-
tion's special revenue federal funds to the environmental conservation
special revenue fund, federal indirect recovery account (21065).
2. $2,000,000 from any of the department of environmental conserva-
tion's special revenue federal funds to the conservation fund as neces-
sary to avoid diversion of conservation funds.
3. $3,000,000 from any of the office of parks, recreation and historic
preservation capital projects federal funds and special revenue federal
funds to the miscellaneous special revenue fund, federal grant indirect
cost recovery account (22188).
4. $1,000,000 from any of the office of parks, recreation and historic
preservation special revenue federal funds to the miscellaneous special
revenue fund, I love NY water account (21930).
5. $18,000,000 from the general fund to the environmental protection
fund, environmental protection fund transfer account (30451).
A. 6005 35
6. $8,500,000 from the general fund to the hazardous waste remedial
fund, hazardous waste oversight and assistance account (31505).
7. $25,000,000 from the environmental protection fund, environmental
protection transfer account (30451), to the general fund.
Family Assistance:
1. $10,000,000 from any of the office of children and family services,
office of temporary and disability assistance, or department of health
special revenue federal funds and the general fund, in accordance with
agreements with social services districts, to the miscellaneous special
revenue fund, office of human resources development state match account
(21967).
2. $3,000,000 from any of the office of children and family services
or office of temporary and disability assistance special revenue federal
funds to the miscellaneous special revenue fund, family preservation and
support services and family violence services account (22082).
3. $18,670,000 from any of the office of children and family services,
office of temporary and disability assistance, or department of health
special revenue federal funds and any other miscellaneous revenues
generated from the operation of office of children and family services
programs to the general fund.
4. $166,000,000 from any of the office of temporary and disability
assistance or department of health special revenue funds to the general
fund.
5. $2,500,000 from any of the office of temporary and disability
assistance or office of children and family services special revenue
federal funds to the miscellaneous special revenue fund, office of
temporary and disability assistance program account (21980).
6. $35,000,000 from any of the office of children and family services,
office of temporary and disability assistance, department of labor, and
department of health special revenue federal funds to the office of
children and family services miscellaneous special revenue fund, multi-
agency training contract account (21989).
7. $65,000,000 from the miscellaneous special revenue fund, youth
facility per diem account (22186), to the general fund.
8. $621,850 from the general fund to the combined gifts, grants, and
bequests fund, WB Hoyt Memorial account (20128).
9. $3,100,000 from the miscellaneous special revenue fund, state
central registry (22028), to the general fund.
General Government:
1. $1,566,000 from the miscellaneous special revenue fund, examination
and miscellaneous revenue account (22065) to the general fund.
2. $12,500,000 from the general fund to the health insurance revolving
fund (55300).
3. $192,400,000 from the health insurance reserve receipts fund
(60550) to the general fund.
4. $150,000 from the general fund to the not-for-profit revolving loan
fund (20650).
5. $150,000 from the not-for-profit revolving loan fund (20650) to the
general fund.
6. $3,000,000 from the miscellaneous special revenue fund, surplus
property account (22036), to the general fund.
7. $19,900,000 from the general fund to the miscellaneous special
revenue fund, alcoholic beverage control account (22033).
8. $23,000,000 from the miscellaneous special revenue fund, revenue
arrearage account (22024), to the general fund.
A. 6005 36
9. $1,826,000 from the miscellaneous special revenue fund, revenue
arrearage account (22024), to the miscellaneous special revenue fund,
authority budget office account (22138).
10. $1,000,000 from the miscellaneous special revenue fund, parking
services account (22007), to the general fund, for the purpose of reim-
bursing the costs of debt service related to state parking facilities.
11. $21,794,000 from the general fund to the internal service fund,
COPS account (55013).
12. $8,360,000 from the general fund to the agencies internal service
fund, central technology services account (55069), for the purpose of
enterprise technology projects.
13. $5,000,000 from the miscellaneous special revenue fund, workers'
compensation account (21995), to the miscellaneous capital projects
fund, workers' compensation board IT business process design fund.
Health:
1. $30,000,000 from the miscellaneous special revenue fund, quality of
care account (21915), to the general fund.
2. $1,000,000 from the general fund to the combined gifts, grants and
bequests fund, breast cancer research and education account (20155), an
amount equal to the monies collected and deposited into that account in
the previous fiscal year.
3. $250,000 from the general fund to the combined gifts, grants and
bequests fund, prostate cancer research, detection, and education
account (20183), an amount equal to the moneys collected and deposited
into that account in the previous fiscal year.
4. $500,000 from the general fund to the combined gifts, grants and
bequests fund, Alzheimer's disease research and assistance account
(20143), an amount equal to the moneys collected and deposited into that
account in the previous fiscal year.
5. $30,295,000 from the HCRA resources fund (20800) to the miscella-
neous special revenue fund, empire state stem cell trust fund account
(22161).
6. $30,000,000 from any of the department of health accounts within
the federal health and human services fund to the miscellaneous special
revenue fund, quality of care account (21915).
7. $6,000,000 from the miscellaneous special revenue fund, certificate
of need account (21920), to the miscellaneous capital projects fund,
healthcare IT capital subfund.
8. $1,000,000 from the miscellaneous special revenue fund, adminis-
tration program account (21982), to the miscellaneous capital projects
fund, healthcare IT capital account (32216).
9. $1,000,000 from the miscellaneous special revenue fund, vital
records account (22103), to the miscellaneous capital projects fund,
healthcare IT capital account (32216).
10. $55,000,000 from the HCRA resources fund (20800) to the capital
projects fund (30000).
11. $3,700,000 from the miscellaneous New York state agency fund,
Medicaid recoveries account (60615), to the general fund.
12. $6,740,000 from the general fund to the medical marihuana trust
fund, medical marihuana - DOH account.
13. $4,096,000 from the HCRA resources fund (20800), to the miscella-
neous special revenue fund, cigarette strike force account.
14. $3,086,000 from the miscellaneous special revenue fund, certif-
icate of need account (21920), to the general fund.
Labor:
A. 6005 37
1. $400,000 from the miscellaneous special revenue fund, DOL fee and
penalty account (21923), to the child performer's protection fund, child
performer protection account (20401).
2. $8,400,000 from the miscellaneous special revenue fund, DOL fee and
penalty account (21923), to the general fund.
3. $3,300,000 from the unemployment insurance interest and penalty
fund, unemployment insurance special interest and penalty account
(23601), to the general fund.
Mental Hygiene:
1. $10,000,000 from the miscellaneous special revenue fund, mental
hygiene patient income account (21909), to the miscellaneous special
revenue fund, federal salary sharing account (22056).
2. $15,000,000 from the miscellaneous special revenue fund, mental
hygiene patient income account (21909), to the miscellaneous special
revenue fund, provider of service accounts (21903).
3. $15,000,000 from the miscellaneous special revenue fund, mental
hygiene program fund account (21907), to the miscellaneous special
revenue fund, provider of service account (21903).
4. $1,400,000,000 from the general fund to the miscellaneous special
revenue fund, mental hygiene patient income account (21909).
5. $1,850,000,000 from the general fund to the miscellaneous special
revenue fund, mental hygiene program fund account (21907).
6. $100,000,000 from the miscellaneous special revenue fund, mental
hygiene program fund account (21907), to the general fund.
7. $100,000,000 from the miscellaneous special revenue fund, mental
hygiene patient income account (21909), to the general fund.
Public Protection:
1. $1,350,000 from the miscellaneous special revenue fund, emergency
management account (21944), to the general fund.
2. $3,300,000 from the general fund to the miscellaneous special
revenue fund, recruitment incentive account (22171).
3. $13,000,000 from the general fund to the correctional industries
revolving fund, correctional industries internal service account
(55350).
4. $3,000,000 from the federal miscellaneous operating grants fund,
DMNA damage account (25324), to the general fund.
5. $14,300,000 from the general fund to the miscellaneous special
revenue fund, crimes against revenue program account (22015).
6. $22,900,000 from the miscellaneous special revenue fund, criminal
justice improvement account (21945), to the general fund.
7. $50,000,000 from the miscellaneous special revenue fund, statewide
public safety communications account (22123), to the general fund.
8. $106,000,000 from the state police motor vehicle law enforcement
and motor vehicle theft and insurance fraud prevention fund, state
police motor vehicle enforcement account (22802), to the general fund
for state operation expenses of the division of state police.
9. $21,500,000 from the general fund to the correctional facilities
capital improvement fund (32350).
10. $5,000,000 from the general fund to the dedicated highway and
bridge trust fund (30050) for the purpose of work zone safety activities
provided by the division of state police for the department of transpor-
tation.
11. $5,000,000 from the miscellaneous special revenue fund, statewide
public safety communications account (22123), to the capital projects
fund (30000).
A. 6005 38
12. $2,900,000 from the miscellaneous special revenue fund, legal
services assistance account (22096), to the general fund.
13. $300,000 from the state police motor vehicle law enforcement and
motor vehicle theft and insurance fraud prevention fund, motor vehicle
theft and insurance fraud account (22801), to the general fund.
Transportation:
1. $17,672,000 from the federal miscellaneous operating grants fund to
the miscellaneous special revenue fund, New York Metropolitan Transpor-
tation Council account (21913).
2. $20,147,000 from the federal capital projects fund to the miscella-
neous special revenue fund, New York Metropolitan Transportation Council
account (21913).
3. $15,700,000 from the miscellaneous special revenue fund, compulsory
insurance account (22087), to the general fund.
4. $14,878,096 from the general fund to the mass transportation oper-
ating assistance fund, public transportation systems operating assist-
ance account (21401), of which $12,000,000 constitutes the base need for
operations.
5. $685,609,000 from the general fund to the dedicated highway and
bridge trust fund (30050).
6. $606,000 from the miscellaneous special revenue fund, accident
prevention course program account (22094), to the general fund.
7. $6,000 from the miscellaneous special revenue fund, motorcycle
safety account (21976), to the general fund.
8. $309,250,000 from the general fund to the MTA financial assistance
fund, mobility tax trust account (23651).
9. Intentionally omitted.
10. $5,000,000 from the miscellaneous special revenue fund, transpor-
tation regulation account (22067) to the dedicated highway and bridge
trust fund (30050), for disbursements made from such fund for motor
carrier safety that are in excess of the amounts deposited in the dedi-
cated highway and bridge trust fund (30050) for such purpose pursuant to
section 94 of the transportation law.
11. $141,548,000 from the mass transportation operating assistance
fund, metropolitan mass transportation operating assistance account
(21402), to the transit assistance for capital investments fund, metro-
politan transit assistance for capital investments account, for
disbursements made from such fund pursuant to a chapter of the laws of
2015.
Miscellaneous:
1. $250,000,000 from the general fund to any funds or accounts for the
purpose of reimbursing certain outstanding accounts receivable balances.
2. $200,000,000 from the general fund to the debt reduction reserve
fund (40000).
3. $450,000,000 from the New York state storm recovery capital fund
(33000) to the revenue bond tax fund (40152).
4. $15,500,000 from the general fund, community projects account GG
(10256), to the general fund, state purposes account (10050).
5. $4,550,000,000 from the general fund to the dedicated infrastruc-
ture investment fund infrastructure investment account.
6. Upon request of the director of the budget, up to $600,000,000 from
the general fund to any special revenue fund or account, agency fund or
account, or any combination of funds or accounts.
S 3. Notwithstanding any law to the contrary, and in accordance with
section 4 of the state finance law, the comptroller is hereby authorized
and directed to transfer, on or before March 31, 2016:
A. 6005 39
1. Upon request of the commissioner of environmental conservation, up
to $11,354,000 from revenues credited to any of the department of envi-
ronmental conservation special revenue funds, including $3,285,400 from
the environmental protection and oil spill compensation fund (21200),
and $1,779,600 from the conservation fund (21150), to the environmental
conservation special revenue fund, indirect charges account (21060).
2. Upon request of the commissioner of agriculture and markets, up to
$3,000,000 from any special revenue fund or enterprise fund within the
department of agriculture and markets to the general fund, to pay appro-
priate administrative expenses.
3. Upon request of the commissioner of agriculture and markets, up to
$2,000,000 from the state exposition special fund, state fair receipts
account (50051) to the miscellaneous capital projects fund, state fair
capital improvement account (32208).
4. Upon request of the commissioner of the division of housing and
community renewal, up to $6,221,000 from revenues credited to any divi-
sion of housing and community renewal federal or miscellaneous special
revenue fund to the miscellaneous special revenue fund, housing indirect
cost recovery account (22090).
5. Upon request of the commissioner of the division of housing and
community renewal, up to $5,500,000 may be transferred from any miscel-
laneous special revenue fund account, to any miscellaneous special
revenue fund.
6. Upon request of the commissioner of health up to $5,000,000 from
revenues credited to any of the department of health's special revenue
funds, to the miscellaneous special revenue fund, administration account
(21982).
S 4. On or before March 31, 2016, the comptroller is hereby authorized
and directed to deposit earnings that would otherwise accrue to the
general fund that are attributable to the operation of section 98-a of
the state finance law, to the agencies internal service fund, banking
services account (55057), for the purpose of meeting direct payments
from such account.
S 5. Notwithstanding any law to the contrary, upon the direction of
the director of the budget and upon requisition by the state university
of New York, the dormitory authority of the state of New York is
directed to transfer, up to $22,000,000 in revenues generated from the
sale of notes or bonds, to the state university of New York for
reimbursement of bondable equipment for further transfer to the state's
general fund.
S 6. Notwithstanding any law to the contrary, and in accordance with
section 4 of the state finance law, the comptroller is hereby authorized
and directed to transfer, upon request of the director of the budget and
upon consultation with the state university chancellor or his or her
designee, on or before March 31, 2016, up to $16,000,000 from the state
university income fund general revenue account (22653) to the state
general fund for debt service costs related to campus supported capital
project costs for the NY-SUNY 2020 challenge grant program at the
University at Buffalo.
S 7. Notwithstanding any law to the contrary, and in accordance with
section 4 of the state finance law, the comptroller is hereby authorized
and directed to transfer, upon request of the director of the budget and
upon consultation with the state university chancellor or his or her
designee, on or before March 31, 2016, up to $6,500,000 from the state
university income fund general revenue account (22653) to the state
general fund for debt service costs related to campus supported capital
A. 6005 40
project costs for the NY-SUNY 2020 challenge grant program at the
University at Albany.
S 8. Notwithstanding any law to the contrary, the state university
chancellor or his or her designee is authorized and directed to transfer
estimated tuition revenue balances from the state university collection
fund (61000) to the state university income fund, state university
general revenue offset account (22655) on or before March 31, 2016.
S 9. Notwithstanding any law to the contrary, and in accordance with
section 4 of the state finance law, the comptroller is hereby authorized
and directed to transfer, upon request of the director of the budget, up
to $87,864,000 from the general fund to the state university income
fund, state university hospitals income reimbursable account (22656)
during the period July 1, 2015 through June 30, 2016 to reflect ongoing
state subsidy of SUNY hospitals and to pay costs attributable to the
SUNY hospitals' state agency status.
S 10. Notwithstanding any law to the contrary, and in accordance with
section 4 of the state finance law, the comptroller is hereby authorized
and directed to transfer, upon request of the director of the budget, up
to $1,015,530,000 from the general fund to the state university income
fund, state university general revenue offset account (22655) during the
period of July 1, 2015 through June 30, 2016 to support operations at
the state university.
S 11. Notwithstanding any law to the contrary, and in accordance with
section 4 of the state finance law, the comptroller is hereby authorized
and directed to transfer, upon request of the director of the budget, up
to $3,370,000 from the general fund to the state university income fund,
state university general revenue offset account (22655) during the peri-
od of April 1, 2015 through June 30, 2015 to support operations at the
state university.
S 12. Notwithstanding any law to the contrary, and in accordance with
section 4 of the state finance law, the comptroller is hereby authorized
and directed to transfer, upon request of the state university chancel-
lor or his or her designee, up to $55,000,000 from the state university
income fund, state university hospitals income reimbursable account
(22656), for services and expenses of hospital operations and capital
expenditures at the state university hospitals; and the state university
income fund, Long Island veterans' home account (22652) to the state
university capital projects fund (32400) on or before June 30, 2016.
S 13. Notwithstanding any law to the contrary, and in accordance with
section 4 of the state finance law, the comptroller, after consultation
with the state university chancellor or his or her designee, is hereby
authorized and directed to transfer moneys, in the first instance, from
the state university collection fund, Stony Brook hospital collection
account (61006), Brooklyn hospital collection account (61007), and Syra-
cuse hospital collection account (61008) to the state university income
fund, state university hospitals income reimbursable account (22656) in
the event insufficient funds are available in the state university
income fund, state university hospitals income reimbursable account
(22656) to permit the full transfer of moneys authorized for transfer,
to the general fund for payment of debt service related to the SUNY
hospitals. Notwithstanding any law to the contrary, the comptroller is
also hereby authorized and directed, after consultation with the state
university chancellor or his or her designee, to transfer moneys from
the state university income fund to the state university income fund,
state university hospitals income reimbursable account (22656) in the
event insufficient funds are available in the state university income
A. 6005 41
fund, state university hospitals income reimbursable account (22656) to
pay hospital operating costs or to permit the full transfer of moneys
authorized for transfer, to the general fund for payment of debt service
related to the SUNY hospitals on or before March 31, 2016.
S 14. Notwithstanding any law to the contrary, upon the direction of
the director of the budget and the chancellor of the state university of
New York or his or her designee, and in accordance with section 4 of the
state finance law, the comptroller is hereby authorized and directed to
transfer monies from the state university dormitory income fund (40350)
to the state university residence hall rehabilitation fund (30100), and
from the state university residence hall rehabilitation fund (30100) to
the state university dormitory income fund (40350), in a net amount not
to exceed $80 million.
S 15. Notwithstanding any law to the contrary, and in accordance with
section 4 of the state finance law, the comptroller is hereby authorized
and directed to transfer monies, upon request of the director of the
budget, on or before March 31, 2016, from and to any of the following
accounts: the miscellaneous special revenue fund, patient income account
(21909), the miscellaneous special revenue fund, mental hygiene program
fund account (21907), the miscellaneous special revenue fund, federal
salary sharing account (22056), or the general fund in any combination,
the aggregate of which shall not exceed $350 million.
S 16. Notwithstanding any law to the contrary, and in accordance with
section 4 of the state finance law, the comptroller is hereby authorized
and directed to transfer, at the request of the director of the budget,
up to $500 million from the unencumbered balance of any special revenue
fund or account, agency fund or account, internal service fund or
account, enterprise fund or account, or any combination of such funds
and accounts, to the general fund. The amounts transferred pursuant to
this authorization shall be in addition to any other transfers expressly
authorized in the 2015-16 budget. Transfers from federal funds, debt
service funds, capital projects funds, the community projects fund, or
funds that would result in the loss of eligibility for federal benefits
or federal funds pursuant to federal law, rule, or regulation as assent-
ed to in chapter 683 of the laws of 1938 and chapter 700 of the laws of
1951 are not permitted pursuant to this authorization.
S 17. Notwithstanding any law to the contrary, and in accordance with
section 4 of the state finance law, the comptroller is hereby authorized
and directed to transfer, at the request of the director of the budget,
up to $100 million from any non-general fund or account, or combination
of funds and accounts, to the miscellaneous special revenue fund, tech-
nology financing account (22207) or the miscellaneous capital projects
fund, information technology capital financing account (32215), for the
purpose of consolidating technology procurement and services. The
amounts transferred to the miscellaneous special revenue fund, technolo-
gy financing account (22207) pursuant to this authorization shall be
equal to or less than the amount of such monies intended to support
information technology costs which are attributable, according to a
plan, to such account made in pursuance to an appropriation by law.
Transfers to the technology financing account shall be completed from
amounts collected by non-general funds or accounts pursuant to a fund
deposit schedule or permanent statute, and shall be transferred to the
technology financing account pursuant to a schedule agreed upon by the
affected agency commissioner. Transfers from funds that would result in
the loss of eligibility for federal benefits or federal funds pursuant
to federal law, rule, or regulation as assented to in chapter 683 of the
A. 6005 42
laws of 1938 and chapter 700 of the laws of 1951 are not permitted
pursuant to this authorization.
S 18. Notwithstanding any law to the contrary, and in accordance with
section 4 of the state finance law, the comptroller is hereby authorized
and directed to transfer, at the request of the director of the budget,
up to $300 million from any non-general fund or account, or combination
of funds and accounts, to the general fund for the purpose of consol-
idating technology procurement and services. The amounts transferred
pursuant to this authorization shall be equal to or less than the amount
of such monies intended to support information technology costs which
are attributable, according to a plan, to such account made in pursuance
to an appropriation by law. Transfers to the general fund shall be
completed from amounts collected by non-general funds or accounts pursu-
ant to a fund deposit schedule. Transfers from funds that would result
in the loss of eligibility for federal benefits or federal funds pursu-
ant to federal law, rule, or regulation as assented to in chapter 683 of
the laws of 1938 and chapter 700 of the laws of 1951 are not permitted
pursuant to this authorization.
S 19. Notwithstanding any provision of law to the contrary, as deemed
feasible and advisable by its trustees, the power authority of the state
of New York is authorized and directed to (i) make a contribution to the
state treasury to the credit of the general fund, or as otherwise
directed in writing by the director of the budget, in an amount of up to
$90,000,000 for the state fiscal year commencing April 1, 2015.
S 20. Intentionally omitted.
S 21. Subdivision 5 of section 97-rrr of the state finance law, as
amended by section 20 of part I of chapter 55 of the laws of 2014, is
amended to read as follows:
5. Notwithstanding the provisions of section one hundred seventy-one-a
of the tax law, as separately amended by chapters four hundred eighty-
one and four hundred eighty-four of the laws of nineteen hundred eight-
y-one, and notwithstanding the provisions of chapter ninety-four of the
laws of two thousand eleven, or any other provisions of law to the
contrary, during the fiscal year beginning April first, two thousand
[fourteen] FIFTEEN, the state comptroller is hereby authorized and
directed to deposit to the fund created pursuant to this section from
amounts collected pursuant to article twenty-two of the tax law and
pursuant to a schedule submitted by the director of the budget, up to
[$3,429,375,000] $3,230,679,000, as may be certified in such schedule as
necessary to meet the purposes of such fund for the fiscal year begin-
ning April first, two thousand [fourteen] FIFTEEN.
S 22. The comptroller is authorized and directed to deposit to the
general fund-state purposes account reimbursements from moneys appropri-
ated or reappropriated to the correctional facilities capital improve-
ment fund by a chapter of the laws of 2015. Reimbursements shall be
available for spending from appropriations made to the department of
corrections and community supervision in the general fund-state purposes
accounts by a chapter of the laws of 2015 for costs associated with the
administration and security of capital projects and for other costs
which are attributable, according to a plan, to such capital projects.
S 23. Notwithstanding any other law, rule, or regulation to the
contrary, the state comptroller is hereby authorized and directed to use
any balance remaining in the mental health services fund debt service
appropriation, after payment by the state comptroller of all obligations
required pursuant to any lease, sublease, or other financing arrangement
between the dormitory authority of the state of New York as successor to
A. 6005 43
the New York state medical care facilities finance agency, and the
facilities development corporation pursuant to chapter 83 of the laws of
1995 and the department of mental hygiene for the purpose of making
payments to the dormitory authority of the state of New York for the
amount of the earnings for the investment of monies deposited in the
mental health services fund that such agency determines will or may have
to be rebated to the federal government pursuant to the provisions of
the internal revenue code of 1986, as amended, in order to enable such
agency to maintain the exemption from federal income taxation on the
interest paid to the holders of such agency's mental services facilities
improvement revenue bonds. Annually on or before each June 30th, such
agency shall certify to the state comptroller its determination of the
amounts received in the mental health services fund as a result of the
investment of monies deposited therein that will or may have to be
rebated to the federal government pursuant to the provisions of the
internal revenue code of 1986, as amended.
S 24. Intentionally omitted.
S 25. Subdivision 1 of section 47 of section 1 of chapter 174 of the
laws of 1968, constituting the New York state urban development corpo-
ration act, as amended by section 28 of part I of chapter 55 of the laws
of 2014, is amended to read as follows:
1. Notwithstanding the provisions of any other law to the contrary,
the dormitory authority and the corporation are hereby authorized to
issue bonds or notes in one or more series for the purpose of funding
project costs for the office of information technology services, depart-
ment of law, and other state costs associated with such capital
projects. The aggregate principal amount of bonds authorized to be
issued pursuant to this section shall not exceed [one] TWO hundred
[eighty-two] SIXTY-NINE million [four] ONE hundred forty thousand
dollars, excluding bonds issued to fund one or more debt service reserve
funds, to pay costs of issuance of such bonds, and bonds or notes issued
to refund or otherwise repay such bonds or notes previously issued. Such
bonds and notes of the dormitory authority and the corporation shall not
be a debt of the state, and the state shall not be liable thereon, nor
shall they be payable out of any funds other than those appropriated by
the state to the dormitory authority and the corporation for principal,
interest, and related expenses pursuant to a service contract and such
bonds and notes shall contain on the face thereof a statement to such
effect. Except for purposes of complying with the internal revenue code,
any interest income earned on bond proceeds shall only be used to pay
debt service on such bonds.
S 26. 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 51 to read as follows:
S 51. 1. NOTWITHSTANDING THE PROVISIONS OF ANY OTHER LAW TO THE
CONTRARY, THE DORMITORY AUTHORITY AND THE URBAN DEVELOPMENT CORPORATION
ARE HEREBY AUTHORIZED TO ISSUE BONDS OR NOTES IN ONE OR MORE SERIES FOR
THE PURPOSE OF FUNDING PROJECT COSTS FOR THE NONPROFIT INFRASTRUCTURE
CAPITAL INVESTMENT PROGRAM AND OTHER STATE COSTS ASSOCIATED WITH SUCH
CAPITAL PROJECTS. THE AGGREGATE PRINCIPAL AMOUNT OF BONDS AUTHORIZED TO
BE ISSUED PURSUANT TO THIS SECTION SHALL NOT EXCEED FIFTY MILLION
DOLLARS, EXCLUDING BONDS ISSUED TO FUND ONE OR MORE DEBT SERVICE RESERVE
FUNDS, TO PAY COSTS OF ISSUANCE OF SUCH BONDS, AND BONDS OR NOTES ISSUED
TO REFUND OR OTHERWISE REPAY SUCH BONDS OR NOTES PREVIOUSLY ISSUED. SUCH
BONDS AND NOTES OF THE DORMITORY AUTHORITY AND THE URBAN DEVELOPMENT
CORPORATION SHALL NOT BE A DEBT OF THE STATE, AND THE STATE SHALL NOT BE
A. 6005 44
LIABLE THEREON, NOR SHALL THEY BE PAYABLE OUT OF ANY FUNDS OTHER THAN
THOSE APPROPRIATED BY THE STATE TO THE DORMITORY AUTHORITY AND THE URBAN
DEVELOPMENT CORPORATION FOR PRINCIPAL, INTEREST, AND RELATED EXPENSES
PURSUANT TO A SERVICE CONTRACT AND SUCH BONDS AND NOTES SHALL CONTAIN ON
THE FACE THEREOF A STATEMENT TO SUCH EFFECT. EXCEPT FOR PURPOSES OF
COMPLYING WITH THE INTERNAL REVENUE CODE, ANY INTEREST INCOME EARNED ON
BOND PROCEEDS SHALL ONLY BE USED TO PAY DEBT SERVICE ON SUCH BONDS.
2. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, IN
ORDER TO ASSIST THE DORMITORY AUTHORITY AND THE URBAN DEVELOPMENT CORPO-
RATION IN UNDERTAKING THE FINANCING FOR PROJECT COSTS FOR THE NONPROFIT
INFRASTRUCTURE CAPITAL INVESTMENT PROGRAM AND OTHER STATE COSTS ASSOCI-
ATED WITH SUCH CAPITAL PROJECTS, THE DIRECTOR OF THE BUDGET IS HEREBY
AUTHORIZED TO ENTER INTO ONE OR MORE SERVICE CONTRACTS WITH THE DORMITO-
RY AUTHORITY AND THE URBAN DEVELOPMENT CORPORATION, NONE OF WHICH SHALL
EXCEED THIRTY YEARS IN DURATION, UPON SUCH TERMS AND CONDITIONS AS THE
DIRECTOR OF THE BUDGET AND THE DORMITORY AUTHORITY AND THE URBAN DEVEL-
OPMENT CORPORATION AGREE, SO AS TO ANNUALLY PROVIDE TO THE DORMITORY
AUTHORITY AND THE URBAN DEVELOPMENT CORPORATION, IN THE AGGREGATE, A SUM
NOT TO EXCEED THE PRINCIPAL, INTEREST, AND RELATED EXPENSES REQUIRED FOR
SUCH BONDS AND NOTES. ANY SERVICE CONTRACT ENTERED INTO PURSUANT TO THIS
SECTION SHALL PROVIDE THAT THE OBLIGATION OF THE STATE TO PAY THE AMOUNT
THEREIN PROVIDED SHALL NOT CONSTITUTE A DEBT OF THE STATE WITHIN THE
MEANING OF ANY CONSTITUTIONAL OR STATUTORY PROVISION AND SHALL BE DEEMED
EXECUTORY ONLY TO THE EXTENT OF MONIES AVAILABLE AND THAT NO LIABILITY
SHALL BE INCURRED BY THE STATE BEYOND THE MONIES AVAILABLE FOR SUCH
PURPOSE, SUBJECT TO ANNUAL APPROPRIATION BY THE LEGISLATURE. ANY SUCH
CONTRACT OR ANY PAYMENTS MADE OR TO BE MADE THEREUNDER MAY BE ASSIGNED
AND PLEDGED BY THE DORMITORY AUTHORITY AND THE URBAN DEVELOPMENT CORPO-
RATION AS SECURITY FOR ITS BONDS AND NOTES, AS AUTHORIZED BY THIS
SECTION.
S 27. Subdivision 1 of section 16 of part D of chapter 389 of the laws
of 1997, relating to the financing of the correctional facilities
improvement fund and the youth facility improvement fund, as amended by
section 29 of part I of chapter 55 of the laws of 2014, is amended to
read as follows:
1. Subject to the provisions of chapter 59 of the laws of 2000, but
notwithstanding the provisions of section 18 of section 1 of chapter 174
of the laws of 1968, the New York state urban development corporation is
hereby authorized to issue bonds, notes and other obligations in an
aggregate principal amount not to exceed seven billion one hundred
[forty-eight] SIXTY-THREE million THREE HUNDRED sixty-nine thousand
dollars [$7,148,069,000] $7,163,369,000, and shall include all bonds,
notes and other obligations issued pursuant to chapter 56 of the laws of
1983, as amended or supplemented. The proceeds of such bonds, notes or
other obligations shall be paid to the state, for deposit in the correc-
tional facilities capital improvement fund to pay for all or any portion
of the amount or amounts paid by the state from appropriations or reap-
propriations made to the department of corrections and community super-
vision from the correctional facilities capital improvement fund for
capital projects. The aggregate amount of bonds, notes or other obli-
gations authorized to be issued pursuant to this section shall exclude
bonds, notes or other obligations issued to refund or otherwise repay
bonds, notes or other obligations theretofore issued, the proceeds of
which were paid to the state for all or a portion of the amounts
expended by the state from appropriations or reappropriations made to
the department of corrections and community supervision; provided,
A. 6005 45
however, that upon any such refunding or repayment the total aggregate
principal amount of outstanding bonds, notes or other obligations may be
greater than seven billion one hundred [forty-eight] SIXTY-THREE million
THREE HUNDRED sixty-nine thousand dollars [$7,148,069,000]
$7,163,369,000, only if the present value of the aggregate debt service
of the refunding or repayment bonds, notes or other obligations to be
issued shall not exceed the present value of the aggregate debt service
of the bonds, notes or other obligations so to be refunded or repaid.
For the purposes hereof, the present value of the aggregate debt service
of the refunding or repayment bonds, notes or other obligations and of
the aggregate debt service of the bonds, notes or other obligations so
refunded or repaid, shall be calculated by utilizing the effective
interest rate of the refunding or repayment bonds, notes or other obli-
gations, which shall be that rate arrived at by doubling the semi-annual
interest rate (compounded semi-annually) necessary to discount the debt
service payments on the refunding or repayment bonds, notes or other
obligations from the payment dates thereof to the date of issue of the
refunding or repayment bonds, notes or other obligations and to the
price bid including estimated accrued interest or proceeds received by
the corporation including estimated accrued interest from the sale ther-
eof.
S 28. Paragraph (a) of subdivision 2 of section 47-e of the private
housing finance law, as amended by section 30 of part I of chapter 55 of
the laws of 2014, is amended to read as follows:
(a) Subject to the provisions of chapter fifty-nine of the laws of two
thousand, in order to enhance and encourage the promotion of housing
programs and thereby achieve the stated purposes and objectives of such
housing programs, the agency shall have the power and is hereby author-
ized from time to time to issue negotiable housing program bonds and
notes in such principal amount as shall be necessary to provide suffi-
cient funds for the repayment of amounts disbursed (and not previously
reimbursed) pursuant to law or any prior year making capital appropri-
ations or reappropriations for the purposes of the housing program;
provided, however, that the agency may issue such bonds and notes in an
aggregate principal amount not exceeding [two] THREE billion [nine] ONE
hundred [ninety-nine] FIFTY-THREE million SEVEN HUNDRED ninety-nine
thousand dollars, plus a principal amount of bonds issued to fund the
debt service reserve fund in accordance with the debt service reserve
fund requirement established by the agency and to fund any other
reserves that the agency reasonably deems necessary for the security or
marketability of such bonds and to provide for the payment of fees and
other charges and expenses, including underwriters' discount, trustee
and rating agency fees, bond insurance, credit enhancement and liquidity
enhancement related to the issuance of such bonds and notes. No reserve
fund securing the housing program bonds shall be entitled or eligible to
receive state funds apportioned or appropriated to maintain or restore
such reserve fund at or to a particular level, except to the extent of
any deficiency resulting directly or indirectly from a failure of the
state to appropriate or pay the agreed amount under any of the contracts
provided for in subdivision four of this section.
S 29. Subdivision (b) of section 11 of chapter 329 of the laws of
1991, amending the state finance law and other laws relating to the
establishment of the dedicated highway and bridge trust fund, as amended
by section 31 of part I of chapter 55 of the laws of 2014, is amended to
read as follows:
A. 6005 46
(b) Any service contract or contracts for projects authorized pursuant
to sections 10-c, 10-f, 10-g and 80-b of the highway law and section
14-k of the transportation law, and entered into pursuant to subdivision
(a) of this section, shall provide for state commitments to provide
annually to the thruway authority a sum or sums, upon such terms and
conditions as shall be deemed appropriate by the director of the budget,
to fund, or fund the debt service requirements of any bonds or any obli-
gations of the thruway authority issued to fund or to reimburse the
state for funding such projects having a cost not in excess of
[$8,120,728,000] $8,608,881,000 cumulatively by the end of fiscal year
[2014-15] 2015-16.
S 30. Subdivision 1 of section 1689-i of the public authorities law,
as amended by section 32 of part I of chapter 55 of the laws of 2014, is
amended to read as follows:
1. The dormitory authority is authorized to issue bonds, at the
request of the commissioner of education, to finance eligible library
construction projects pursuant to section two hundred seventy-three-a of
the education law, in amounts certified by such commissioner not to
exceed a total principal amount of [one hundred twenty-six] ONE HUNDRED
FORTY million dollars.
S 31. Subdivision (a) of section 27 of part Y of chapter 61 of the
laws of 2005, providing for the administration of certain funds and
accounts related to the 2005-2006 budget, as amended by section 33 of
part I of chapter 55 of the laws of 2014, is amended to read as follows:
(a) Subject to the provisions of chapter 59 of the laws of 2000, but
notwithstanding any provisions of law to the contrary, the urban devel-
opment corporation is hereby authorized to issue bonds or notes in one
or more series in an aggregate principal amount not to exceed
[$149,600,000] $155,600,000, excluding bonds issued to finance one or
more debt service reserve funds, to pay costs of issuance of such bonds,
and bonds or notes issued to refund or otherwise repay such bonds or
notes previously issued, for the purpose of financing capital projects
including IT initiatives for the division of state police, debt service
and leases; and to reimburse the state general fund for disbursements
made therefor. Such bonds and notes of such authorized issuer shall not
be a debt of the state, and the state shall not be liable thereon, nor
shall they be payable out of any funds other than those appropriated by
the state to such authorized issuer for debt service and related
expenses pursuant to any service contract executed pursuant to subdivi-
sion (b) of this section and such bonds and notes shall contain on the
face thereof a statement to such effect. Except for purposes of comply-
ing with the internal revenue code, any interest income earned on bond
proceeds shall only be used to pay debt service on such bonds.
S 32. Section 44 of section 1 of chapter 174 of the laws of 1968,
constituting the New York state urban development corporation act, as
amended by section 34 of part I of chapter 55 of the laws of 2014, is
amended to read as follows:
S 44. Issuance of certain bonds or notes. 1. Notwithstanding the
provisions of any other law to the contrary, the dormitory authority and
the corporation are hereby authorized to issue bonds or notes in one or
more series for the purpose of funding project costs for the regional
economic development council initiative, the economic transformation
program, state university of New York college for nanoscale and science
engineering, projects within the city of Buffalo or surrounding envi-
rons, the New York works economic development fund, projects for the
retention of professional football in western New York, the empire state
A. 6005 47
economic development fund, the clarkson-trudeau partnership, the New
York genome center, the cornell university college of veterinary medi-
cine, the olympic regional development authority, a project at nano
Utica, onondaga county revitalization projects, BINGHAMTON UNIVERSITY
SCHOOL OF PHARMACY, NEW YORK POWER ELECTRONICS MANUFACTURING CONSORTIUM,
and other state costs associated with such projects. The aggregate prin-
cipal amount of bonds authorized to be issued pursuant to this section
shall not exceed two billion [two] FOUR hundred [three] EIGHTY-EIGHT
million two hundred fifty-seven thousand dollars, excluding bonds issued
to fund one or more debt service reserve funds, to pay costs of issuance
of such bonds, and bonds or notes issued to refund or otherwise repay
such bonds or notes previously issued. Such bonds and notes of the
dormitory authority and the corporation shall not be a debt of the
state, and the state shall not be liable thereon, nor shall they be
payable out of any funds other than those appropriated by the state to
the dormitory authority and the corporation for principal, interest, and
related expenses pursuant to a service contract and such bonds and notes
shall contain on the face thereof a statement to such effect. Except for
purposes of complying with the internal revenue code, any interest
income earned on bond proceeds shall only be used to pay debt service on
such bonds.
2. Notwithstanding any other provision of law to the contrary, in
order to assist the dormitory authority and the corporation in undertak-
ing the financing for project costs for the regional economic develop-
ment council initiative, the economic transformation program, state
university of New York college for nanoscale and science engineering,
projects within the city of Buffalo or surrounding environs, the New
York works economic development fund, projects for the retention of
professional football in western New York, the empire state economic
development fund, the clarkson-trudeau partnership, the New York genome
center, the cornell university college of veterinary medicine, the olym-
pic regional development authority, a project at nano Utica, onondaga
county revitalization projects, BINGHAMTON UNIVERSITY SCHOOL OF PHARMA-
CY, NEW YORK POWER ELECTRONICS MANUFACTURING CONSORTIUM, and other state
costs associated with such projects, the director of the budget is here-
by authorized to enter into one or more service contracts with the
dormitory authority and the corporation, none of which shall exceed
thirty years in duration, upon such terms and conditions as the director
of the budget and the dormitory authority and the corporation agree, so
as to annually provide to the dormitory authority and the corporation,
in the aggregate, a sum not to exceed the principal, interest, and
related expenses required for such bonds and notes. Any service contract
entered into pursuant to this section shall provide that the obligation
of the state to pay the amount therein provided shall not constitute a
debt of the state within the meaning of any constitutional or statutory
provision and shall be deemed executory only to the extent of monies
available and that no liability shall be incurred by the state beyond
the monies available for such purpose, subject to annual appropriation
by the legislature. Any such contract or any payments made or to be made
thereunder may be assigned and pledged by the dormitory authority and
the corporation as security for its bonds and notes, as authorized by
this section.
S 33. Subdivision 3 of section 1285-p of the public authorities law,
as amended by section 35 of part I of chapter 55 of the laws of 2014, is
amended to read as follows:
A. 6005 48
3. The maximum amount of bonds that may be issued for the purpose of
financing environmental infrastructure projects authorized by this
section shall be one billion [three] FIVE hundred [ninety-eight] SEVEN-
TY-FIVE million [two] SEVEN hundred sixty thousand dollars, exclusive of
bonds issued to fund any debt service reserve funds, pay costs of issu-
ance of such bonds, and bonds or notes issued to refund or otherwise
repay bonds or notes previously issued. Such bonds and notes of the
corporation shall not be a debt of the state, and the state shall not be
liable thereon, nor shall they be payable out of any funds other than
those appropriated by the state to the corporation for debt service and
related expenses pursuant to any service contracts executed pursuant to
subdivision one of this section, and such bonds and notes shall contain
on the face thereof a statement to such effect.
S 34. Subdivision 1 of section 45 of section 1 of chapter 174 of the
laws of 1968, constituting the New York state urban development corpo-
ration act, as amended by section 37 of part I of chapter 55 of the laws
of 2014, is amended to read as follows:
1. Notwithstanding the provisions of any other law to the contrary,
the urban development corporation of the state of New York is hereby
authorized to issue bonds or notes in one or more series for the purpose
of funding project costs for the implementation of a NY-SUNY and NY-CUNY
2020 challenge grant program subject to the approval of a NY-SUNY and
NY-CUNY 2020 plan or plans by the governor and either the chancellor of
the state university of New York or the chancellor of the city universi-
ty of New York, as applicable. The aggregate principal amount of bonds
authorized to be issued pursuant to this section shall not exceed
[$330,000,000] $440,000,000, excluding bonds issued to fund one or more
debt service reserve funds, to pay costs of issuance of such bonds, and
bonds or notes issued to refund or otherwise repay such bonds or notes
previously issued. Such bonds and notes of the corporation shall not be
a debt of the state, and the state shall not be liable thereon, nor
shall they be payable out of any funds other than those appropriated by
the state to the corporation for principal, interest, and related
expenses pursuant to a service contract and such bonds and notes shall
contain on the face thereof a statement to such effect. Except for
purposes of complying with the internal revenue code, any interest
income earned on bond proceeds shall only be used to pay debt service on
such bonds.
S 35. Subdivision (a) of section 48 of part K of chapter 81 of the
laws of 2002, providing for the administration of certain funds and
accounts related to the 2002-2003 budget, as amended by section 38 of
part I of chapter 55 of the laws of 2014, is amended to read as follows:
(a) Subject to the provisions of chapter 59 of the laws of 2000 but
notwithstanding the provisions of section 18 of the urban development
corporation act, the corporation is hereby authorized to issue bonds or
notes in one or more series in an aggregate principal amount not to
exceed $197,000,000 excluding bonds issued to fund one or more debt
service reserve funds, to pay costs of issuance of such bonds, and bonds
or notes issued to refund or otherwise repay such bonds or notes previ-
ously issued, for the purpose of financing capital costs related to
homeland security and training facilities for the division of state
police, the division of military and naval affairs, and any other state
agency, including the reimbursement of any disbursements made from the
state capital projects fund, and is hereby authorized to issue bonds or
notes in one or more series in an aggregate principal amount not to
exceed [$317,800,000] $469,800,000, excluding bonds issued to fund one
A. 6005 49
or more debt service reserve funds, to pay costs of issuance of such
bonds, and bonds or notes issued to refund or otherwise repay such bonds
or notes previously issued, for the purpose of financing improvements to
State office buildings and other facilities located statewide, including
the reimbursement of any disbursements made from the state capital
projects fund. Such bonds and notes of the corporation shall not be a
debt of the state, and the state shall not be liable thereon, nor shall
they be payable out of any funds other than those appropriated by the
state to the corporation for debt service and related expenses pursuant
to any service contracts executed pursuant to subdivision (b) of this
section, and such bonds and notes shall contain on the face thereof a
statement to such effect.
S 36. Subdivision 1 of section 386-b of the public authorities law, as
amended by section 39 of part I of chapter 55 of the laws of 2014, is
amended to read as follows:
1. Notwithstanding any other provision of law to the contrary, the
authority, the dormitory authority and the urban development corporation
are hereby authorized to issue bonds or notes in one or more series for
the purpose of financing peace bridge projects and capital costs of
state and local highways, parkways, bridges, the New York state thruway,
Indian reservation roads, and facilities, and transportation infrastruc-
ture projects including aviation projects, non-MTA mass transit
projects, and rail service preservation projects, including work appur-
tenant and ancillary thereto. The aggregate principal amount of bonds
authorized to be issued pursuant to this section shall not exceed ONE
BILLION four hundred [sixty-five] FORTY million dollars [($465,000,000)]
$1,440,000,000, excluding bonds issued to fund one or more debt service
reserve funds, to pay costs of issuance of such bonds, and to refund or
otherwise repay such bonds or notes previously issued. Such bonds and
notes of the authority, the dormitory authority and the urban develop-
ment corporation shall not be a debt of the state, and the state shall
not be liable thereon, nor shall they be payable out of any funds other
than those appropriated by the state to the authority, the dormitory
authority and the urban development corporation for principal, interest,
and related expenses pursuant to a service contract and such bonds and
notes shall contain on the face thereof a statement to such effect.
Except for purposes of complying with the internal revenue code, any
interest income earned on bond proceeds shall only be used to pay debt
service on such bonds.
S 37. Paragraph (c) of subdivision 19 of section 1680 of the public
authorities law, as amended by section 40 of part I of chapter 55 of the
laws of 2014, is amended to read as follows:
(c) Subject to the provisions of chapter fifty-nine of the laws of two
thousand, the dormitory authority shall not issue any bonds for state
university educational facilities purposes if the principal amount of
bonds to be issued when added to the aggregate principal amount of bonds
issued by the dormitory authority on and after July first, nineteen
hundred eighty-eight for state university educational facilities will
exceed [ten] ELEVEN billion [nine] TWO hundred [eighty-four]
TWENTY-EIGHT million dollars; provided, however, that bonds issued or to
be issued shall be excluded from such limitation if: (1) such bonds are
issued to refund state university construction bonds and state universi-
ty construction notes previously issued by the housing finance agency;
or (2) such bonds are issued to refund bonds of the authority or other
obligations issued for state university educational facilities purposes
and the present value of the aggregate debt service on the refunding
A. 6005 50
bonds does not exceed the present value of the aggregate debt service on
the bonds refunded thereby; provided, further that upon certification by
the director of the budget that the issuance of refunding bonds or other
obligations issued between April first, nineteen hundred ninety-two and
March thirty-first, nineteen hundred ninety-three will generate long
term economic benefits to the state, as assessed on a present value
basis, such issuance will be deemed to have met the present value test
noted above. For purposes of this subdivision, the present value of the
aggregate debt service of the refunding bonds and the aggregate debt
service of the bonds refunded, shall be calculated by utilizing the true
interest cost of the refunding bonds, which shall be that rate arrived
at by doubling the semi-annual interest rate (compounded semi-annually)
necessary to discount the debt service payments on the refunding bonds
from the payment dates thereof to the date of issue of the refunding
bonds to the purchase price of the refunding bonds, including interest
accrued thereon prior to the issuance thereof. The maturity of such
bonds, other than bonds issued to refund outstanding bonds, shall not
exceed the weighted average economic life, as certified by the state
university construction fund, of the facilities in connection with which
the bonds are issued, and in any case not later than the earlier of
thirty years or the expiration of the term of any lease, sublease or
other agreement relating thereto; provided that no note, including
renewals thereof, shall mature later than five years after the date of
issuance of such note. The legislature reserves the right to amend or
repeal such limit, and the state of New York, the dormitory authority,
the state university of New York, and the state university construction
fund are prohibited from covenanting or making any other agreements with
or for the benefit of bondholders which might in any way affect such
right.
S 38. Paragraph (c) of subdivision 14 of section 1680 of the public
authorities law, as amended by section 41 of part I of chapter 55 of the
laws of 2014, is amended to read as follows:
(c) Subject to the provisions of chapter fifty-nine of the laws of two
thousand, (i) the dormitory authority shall not deliver a series of
bonds for city university community college facilities, except to refund
or to be substituted for or in lieu of other bonds in relation to city
university community college facilities pursuant to a resolution of the
dormitory authority adopted before July first, nineteen hundred eighty-
five or any resolution supplemental thereto, if the principal amount of
bonds so to be issued when added to all principal amounts of bonds
previously issued by the dormitory authority for city university commu-
nity college facilities, except to refund or to be substituted in lieu
of other bonds in relation to city university community college facili-
ties will exceed the sum of four hundred twenty-five million dollars and
(ii) the dormitory authority shall not deliver a series of bonds issued
for city university facilities, including community college facilities,
pursuant to a resolution of the dormitory authority adopted on or after
July first, nineteen hundred eighty-five, except to refund or to be
substituted for or in lieu of other bonds in relation to city university
facilities and except for bonds issued pursuant to a resolution supple-
mental to a resolution of the dormitory authority adopted prior to July
first, nineteen hundred eighty-five, if the principal amount of bonds so
to be issued when added to the principal amount of bonds previously
issued pursuant to any such resolution, except bonds issued to refund or
to be substituted for or in lieu of other bonds in relation to city
university facilities, will exceed seven billion [two] THREE hundred
A. 6005 51
[seventy-three] NINETY-TWO million [three] SEVEN hundred [thirty-one]
FIFTY-THREE thousand dollars. The legislature reserves the right to
amend or repeal such limit, and the state of New York, the dormitory
authority, the city university, and the fund are prohibited from coven-
anting or making any other agreements with or for the benefit of bond-
holders which might in any way affect such right.
S 39. Subdivision 10-a of section 1680 of the public authorities law,
as amended by section 42 of part I of chapter 55 of the laws of 2014, is
amended to read as follows:
10-a. Subject to the provisions of chapter fifty-nine of the laws of
two thousand, but notwithstanding any other provision of the law to the
contrary, the maximum amount of bonds and notes to be issued after March
thirty-first, two thousand two, on behalf of the state, in relation to
any locally sponsored community college, shall be [seven] EIGHT hundred
[seventy-six] THIRTY-EIGHT million [three] FOUR hundred [five]
FIFTY-EIGHT thousand dollars. Such amount shall be exclusive of bonds
and notes issued to fund any reserve fund or funds, costs of issuance
and to refund any outstanding bonds and notes, issued on behalf of the
state, relating to a locally sponsored community college.
S 40. Section 1680-r of the public authorities law, as added by
section 43 of part I of chapter 55 of the laws of 2014, is amended to
read as follows:
S 1680-r. Authorization for the issuance of bonds for the capital
restructuring financing program AND THE HEALTH CARE FACILITY TRANSFORMA-
TION PROGRAM. 1. Notwithstanding the provisions of any other law to the
contrary, the dormitory authority and the urban development corporation
are hereby authorized to issue bonds or notes in one or more series for
the purpose of funding project costs for the capital restructuring
financing program for health care and related facilities licensed pursu-
ant to the public health law or the mental hygiene law and other state
costs associated with such capital projects AND THE HEALTH CARE FACILITY
TRANSFORMATION PROGRAM. The aggregate principal amount of bonds author-
ized to be issued pursuant to this section shall not exceed [one] TWO
billion two hundred million dollars, excluding bonds issued to fund one
or more debt service reserve funds, to pay costs of issuance of such
bonds, and bonds or notes issued to refund or otherwise repay such bonds
or notes previously issued. Such bonds and notes of the dormitory
authority and the urban development corporation shall not be a debt of
the state, and the state shall not be liable thereon, nor shall they be
payable out of any funds other than those appropriated by the state to
the dormitory authority and the urban development corporation for prin-
cipal, interest, and related expenses pursuant to a service contract and
such bonds and notes shall contain on the face thereof a statement to
such effect. Except for purposes of complying with the internal revenue
code, any interest income earned on bond proceeds shall only be used to
pay debt service on such bonds.
2. Notwithstanding any other provision of law to the contrary, in
order to assist the dormitory authority and the urban development corpo-
ration in undertaking the financing for project costs for the capital
restructuring financing program for health care and related facilities
licensed pursuant to the public health law or the mental hygiene law and
other state costs associated with such capital projects AND THE HEALTH
CARE FACILITY TRANSFORMATION PROGRAM, the director of the budget is
hereby authorized to enter into one or more service contracts with the
dormitory authority and the urban development corporation, none of which
shall exceed thirty years in duration, upon such terms and conditions as
A. 6005 52
the director of the budget and the dormitory authority and the urban
development corporation agree, so as to annually provide to the dormito-
ry authority and the urban development corporation, in the aggregate, a
sum not to exceed the principal, interest, and related expenses required
for such bonds and notes. Any service contract entered into pursuant to
this section shall provide that the obligation of the state to pay the
amount therein provided shall not constitute a debt of the state within
the meaning of any constitutional or statutory provision and shall be
deemed executory only to the extent of monies available and that no
liability shall be incurred by the state beyond the monies available for
such purpose, subject to annual appropriation by the legislature. Any
such contract or any payments made or to be made thereunder may be
assigned and pledged by the dormitory authority and the urban develop-
ment corporation as security for its bonds and notes, as authorized by
this section.
S 41. Subdivision 1 of section 17 of part D of chapter 389 of the laws
of 1997, relating to the financing of the correctional facilities
improvement fund and the youth facility improvement fund, as amended by
section 44 of part I of chapter 55 of the laws of 2014, is amended to
read as follows:
1. Subject to the provisions of chapter 59 of the laws of 2000, but
notwithstanding the provisions of section 18 of section 1 of chapter 174
of the laws of 1968, the New York state urban development corporation is
hereby authorized to issue bonds, notes and other obligations in an
aggregate principal amount not to exceed [four] SIX hundred [sixty-five]
ELEVEN million [three] TWO hundred [sixty-five] FIFTEEN thousand dollars
[($465,365,000)] ($611,215,000), which authorization increases the
aggregate principal amount of bonds, notes and other obligations author-
ized by section 40 of chapter 309 of the laws of 1996, and shall include
all bonds, notes and other obligations issued pursuant to chapter 211 of
the laws of 1990, as amended or supplemented. The proceeds of such
bonds, notes or other obligations shall be paid to the state, for depos-
it in the youth facilities improvement fund, to pay for all or any
portion of the amount or amounts paid by the state from appropriations
or reappropriations made to the office of children and family services
from the youth facilities improvement fund for capital projects. The
aggregate amount of bonds, notes and other obligations authorized to be
issued pursuant to this section shall exclude bonds, notes or other
obligations issued to refund or otherwise repay bonds, notes or other
obligations theretofore issued, the proceeds of which were paid to the
state for all or a portion of the amounts expended by the state from
appropriations or reappropriations made to the office of children and
family services; provided, however, that upon any such refunding or
repayment the total aggregate principal amount of outstanding bonds,
notes or other obligations may be greater than [four] SIX hundred
[sixty-five] ELEVEN million [three] TWO hundred [sixty-five] FIFTEEN
thousand dollars [($465,365,000)] ($611,215,000), only if the present
value of the aggregate debt service of the refunding or repayment bonds,
notes or other obligations to be issued shall not exceed the present
value of the aggregate debt service of the bonds, notes or other obli-
gations so to be refunded or repaid. For the purposes hereof, the pres-
ent value of the aggregate debt service of the refunding or repayment
bonds, notes or other obligations and of the aggregate debt service of
the bonds, notes or other obligations so refunded or repaid, shall be
calculated by utilizing the effective interest rate of the refunding or
repayment bonds, notes or other obligations, which shall be that rate
A. 6005 53
arrived at by doubling the semi-annual interest rate (compounded semi-
annually) necessary to discount the debt service payments on the refund-
ing or repayment bonds, notes or other obligations from the payment
dates thereof to the date of issue of the refunding or repayment bonds,
notes or other obligations and to the price bid including estimated
accrued interest or proceeds received by the corporation including esti-
mated accrued interest from the sale thereof.
S 42. Paragraph b of subdivision 2 of section 9-a of section 1 of
chapter 392 of the laws of 1973, constituting the New York state medical
care facilities finance agency act, as amended by section 46 of part I
of chapter 55 of the laws of 2014, is amended to read as follows:
b. The agency shall have power and is hereby authorized from time to
time to issue negotiable bonds and notes in conformity with applicable
provisions of the uniform commercial code in such principal amount as,
in the opinion of the agency, shall be necessary, after taking into
account other moneys which may be available for the purpose, to provide
sufficient funds to the facilities development corporation, or any
successor agency, for the financing or refinancing of or for the design,
construction, acquisition, reconstruction, rehabilitation or improvement
of mental health services facilities pursuant to paragraph a of this
subdivision, the payment of interest on mental health services improve-
ment bonds and mental health services improvement notes issued for such
purposes, the establishment of reserves to secure such bonds and notes,
the cost or premium of bond insurance or the costs of any financial
mechanisms which may be used to reduce the debt service that would be
payable by the agency on its mental health services facilities improve-
ment bonds and notes and all other expenditures of the agency incident
to and necessary or convenient to providing the facilities development
corporation, or any successor agency, with funds for the financing or
refinancing of or for any such design, construction, acquisition, recon-
struction, rehabilitation or improvement and for the refunding of mental
hygiene improvement bonds issued pursuant to section 47-b of the private
housing finance law; provided, however, that the agency shall not issue
mental health services facilities improvement bonds and mental health
services facilities improvement notes in an aggregate principal amount
exceeding seven billion [four] SEVEN hundred [thirty-five] TWENTY-TWO
million eight hundred fifteen thousand dollars, excluding mental health
services facilities improvement bonds and mental health services facili-
ties improvement notes issued to refund outstanding mental health
services facilities improvement bonds and mental health services facili-
ties improvement notes; provided, however, that upon any such refunding
or repayment of mental health services facilities improvement bonds
and/or mental health services facilities improvement notes the total
aggregate principal amount of outstanding mental health services facili-
ties improvement bonds and mental health facilities improvement notes
may be greater than seven billion [four] SEVEN hundred [thirty-five]
TWENTY-TWO million eight hundred fifteen thousand dollars only if,
except as hereinafter provided with respect to mental health services
facilities bonds and mental health services facilities notes issued to
refund mental hygiene improvement bonds authorized to be issued pursuant
to the provisions of section 47-b of the private housing finance law,
the present value of the aggregate debt service of the refunding or
repayment bonds to be issued shall not exceed the present value of the
aggregate debt service of the bonds to be refunded or repaid. For
purposes hereof, the present values of the aggregate debt service of the
refunding or repayment bonds, notes or other obligations and of the
A. 6005 54
aggregate debt service of the bonds, notes or other obligations so
refunded or repaid, shall be calculated by utilizing the effective
interest rate of the refunding or repayment bonds, notes or other obli-
gations, which shall be that rate arrived at by doubling the semi-annual
interest rate (compounded semi-annually) necessary to discount the debt
service payments on the refunding or repayment bonds, notes or other
obligations from the payment dates thereof to the date of issue of the
refunding or repayment bonds, notes or other obligations and to the
price bid including estimated accrued interest or proceeds received by
the authority including estimated accrued interest from the sale there-
of. Such bonds, other than bonds issued to refund outstanding bonds,
shall be scheduled to mature over a term not to exceed the average
useful life, as certified by the facilities development corporation, of
the projects for which the bonds are issued, and in any case shall not
exceed thirty years and the maximum maturity of notes or any renewals
thereof shall not exceed five years from the date of the original issue
of such notes. Notwithstanding the provisions of this section, the agen-
cy shall have the power and is hereby authorized to issue mental health
services facilities improvement bonds and/or mental health services
facilities improvement notes to refund outstanding mental hygiene
improvement bonds authorized to be issued pursuant to the provisions of
section 47-b of the private housing finance law and the amount of bonds
issued or outstanding for such purposes shall not be included for
purposes of determining the amount of bonds issued pursuant to this
section. The director of the budget shall allocate the aggregate princi-
pal authorized to be issued by the agency among the office of mental
health, office for people with developmental disabilities, and the
office of alcoholism and substance abuse services, in consultation with
their respective commissioners to finance bondable appropriations previ-
ously approved by the legislature.
S 43. Paragraph (b) of subdivision 3 of section 1 and clause (B) of
subparagraph (iii) of paragraph (j) of subdivision 4 of section 1 of
part D of chapter 63 of the laws of 2005 relating to the composition and
responsibilities of the New York state higher education capital matching
grant board, as amended by section 46-c of part I of chapter 55 of the
laws of 2014, is amended to read as follows:
(b) Within amounts appropriated therefor, the board is hereby author-
ized and directed to award matching capital grants totaling [180] 210
million dollars. Each college shall be eligible for a grant award amount
as determined by the calculations pursuant to subdivision five of this
section. In addition, such colleges shall be eligible to compete for
additional funds pursuant to paragraph (h) of subdivision four of this
section.
(B) The dormitory authority shall not issue any bonds or notes in an
amount in excess of [180] 210 million dollars for the purposes of this
section; excluding bonds or notes issued to fund one or more debt
service reserve funds, to pay costs of issuance of such bonds, and bonds
or notes issued to refund or otherwise repay such bonds or notes previ-
ously issued. Except for purposes of complying with the internal revenue
code, any interest on bond proceeds shall only be used to pay debt
service on such bonds.
S 44. Intentionally omitted.
S 45. Intentionally omitted.
S 46. Subdivision 1 of section 386-a of the public authorities law, as
added by section 46 of part U of chapter 59 of the laws of 2012, is
amended to read as follows:
A. 6005 55
1. Notwithstanding any other provision of law to the contrary, the
authority, the dormitory authority and the urban development corporation
are hereby authorized to issue bonds or notes in one or more series for
the purpose of assisting the metropolitan transportation authority in
the financing of transportation facilities as defined in subdivision
seventeen of section twelve hundred sixty-one of this chapter. The
aggregate principal amount of bonds authorized to be issued pursuant to
this section shall not exceed ONE BILLION [seven] FIVE hundred [seventy]
TWENTY million dollars [($770,000,000)] ($1,520,000,000), excluding
bonds issued to fund one or more debt service reserve funds, to pay
costs of issuance of such bonds, and to refund or otherwise repay such
bonds or notes previously issued. Such bonds and notes of the authority,
the dormitory authority and the urban development corporation shall not
be a debt of the state, and the state shall not be liable thereon, nor
shall they be payable out of any funds other than those appropriated by
the state to the authority, the dormitory authority and the urban devel-
opment corporation for principal, interest, and related expenses pursu-
ant to a service contract and such bonds and notes shall contain on the
face thereof a statement to such effect. Except for purposes of comply-
ing with the internal revenue code, any interest income earned on bond
proceeds shall only be used to pay debt service on such bonds.
S 47. This act shall take effect immediately and shall be deemed to
have been in full force and effect on and after April 1, 2015; provided,
however, that the provisions of sections one through eight and sections
thirteen through nineteen of this act shall expire March 31, 2016, when
upon such date the provisions of such sections shall be deemed repealed.
PART Q
Section 1. Subdivision 11 of section 302 of the retirement and social
security law is amended by adding a new paragraph i to read as follows:
I. SERVICE AS A UNIVERSITY POLICE OFFICER APPOINTED BY THE STATE
UNIVERSITY OF NEW YORK PURSUANT TO PARAGRAPH L OF SUBDIVISION TWO OF
SECTION THREE HUNDRED FIFTY-FIVE OF THE EDUCATION LAW.
S 2. Subdivision d of section 375-f of the retirement and social secu-
rity law, as separately amended by chapters 674 and 677 of the laws of
1986, is amended to read as follows:
d. In addition to the retirement allowance provided pursuant to the
plans set forth in sections three hundred eighty-three, three hundred
eighty-three-a [and], three hundred eighty-three-b AND THREE HUNDRED
EIGHTY-THREE-D of this [chapter] ARTICLE, a member of [either] ANY such
plan who retires on or after April first, nineteen hundred sixty-nine
with more than twenty-five years of total service shall be entitled to
receive, in addition to the benefits provided pursuant to [either] ANY
such section and notwithstanding the limitations of [either] ANY such
section, an additional retirement allowance for such years of service
rendered in excess of twenty-five. The additional retirement allowance
for such additional years of service shall be computed as if such member
had been eligible to have his retirement allowance computed pursuant to
the provisions of subdivision b of section three hundred seventy-five-c
and of paragraph one of subdivision a of section three hundred seventy-
five-d of this [chapter] TITLE.
S 3. The retirement and social security law is amended by adding a new
section 383-d to read as follows:
S 383-D. ALTERNATIVE RETIREMENT BENEFITS FOR UNIVERSITY POLICE OFFI-
CERS APPOINTED BY THE STATE UNIVERSITY. A. AS USED IN THIS SECTION, THE
A. 6005 56
TERM "UNIVERSITY POLICE OFFICER" SHALL MEAN A PERSON WHO IS SO APPOINTED
PURSUANT TO PARAGRAPH L OF SUBDIVISION TWO OF SECTION THREE HUNDRED
FIFTY-FIVE OF THE EDUCATION LAW.
B. NOTWITHSTANDING ANY OTHER PROVISION OF LAW PROVIDING FOR TRANSFERS
BETWEEN RETIREMENT SYSTEMS, ANY UNIVERSITY POLICE OFFICER IN THE SERVICE
OF THE STATE UNIVERSITY WHO IS A MEMBER OF THE NEW YORK STATE EMPLOYEES'
RETIREMENT SYSTEM MAY TRANSFER TO THE NEW YORK STATE AND LOCAL POLICE
AND FIRE RETIREMENT SYSTEM AND SHALL RECEIVE CREDIT PURSUANT TO AND BE
ENTITLED TO THE RETIREMENT BENEFITS AFFORDED IN ACCORDANCE WITH THIS
SECTION. UPON ANY SUCH TRANSFER THE MEMBER SHALL BE ENTITLED TO THE
AMOUNT OF SERVICE WHICH WOULD HAVE BEEN DEEMED CREDITABLE HAD SUCH
MEMBER BEEN SUBJECT TO SUCH SYSTEM DURING THE COURSE OF HIS OR HER
MEMBERSHIP WITHIN SUCH SYSTEM. CONTRIBUTIONS TO SUCH SYSTEM SHALL BE
MADE IN ACCORDANCE WITH APPROPRIATE PROVISIONS OF LAW RELATING THERETO.
APPLICATION FOR SUCH TRANSFER MUST BE MADE TO THE STATE COMPTROLLER ON
OR BEFORE DECEMBER THIRTY-FIRST, TWO THOUSAND FIFTEEN. THE PROVISIONS OF
SECTION THREE HUNDRED FORTY-THREE OF THIS ARTICLE SHALL APPLY TO ANY
MEMBER MAKING APPLICATION FOR TRANSFER UNDER THIS SUBDIVISION.
C. ANY UNIVERSITY POLICE OFFICER IN THE SERVICE OF THE STATE UNIVERSI-
TY WHO ELECTS OR IS REQUIRED TO CONTRIBUTE UNDER THIS SECTION SHALL
CONTRIBUTE TO THE NEW YORK STATE AND LOCAL POLICE AND FIRE RETIREMENT
SYSTEM ON THE BASIS OF RETIREMENT UPON HIS OR HER:
1. COMPLETION OF TWENTY-FIVE YEARS OF TOTAL CREDITABLE SERVICE; OR
2. ATTAINMENT OF AGE SIXTY AS A UNIVERSITY POLICE OFFICER IN THE
SERVICE OF THE STATE UNIVERSITY, IF PRIOR THERETO, ON AN ALLOWANCE OF
ONE-FIFTIETH OF HIS OR HER FINAL AVERAGE SALARY FOR EACH YEAR OF TOTAL
CREDITABLE SERVICE NOT IN EXCESS OF TWENTY-FIVE YEARS. SUCH ELECTION
SHALL BE IN WRITING AND SHALL BE DULY EXECUTED AND FILED WITH THE COMP-
TROLLER.
D. EVERY EMPLOYEE ENTERING OR RE-ENTERING SERVICE AS A UNIVERSITY
POLICE OFFICER IN THE SERVICE OF THE STATE UNIVERSITY ON OR AFTER THE
EFFECTIVE DATE OF THIS SECTION SHALL CONTRIBUTE ON THE BASIS PROVIDED
FOR BY THIS SECTION.
E. A MEMBER WHO IS REQUIRED TO CONTRIBUTE IN ACCORDANCE WITH THIS
SECTION SHALL CONTRIBUTE, IN LIEU OF THE PROPORTION OF COMPENSATION AS
PROVIDED IN SECTION THREE HUNDRED TWENTY-ONE OF THIS ARTICLE, A PROPOR-
TION OF HIS OR HER COMPENSATION SIMILARLY DETERMINED. SUCH LATTER
PROPORTION SHALL BE COMPUTED TO PROVIDE AT THE TIME WHEN HE OR SHE SHALL
FIRST BECOME ELIGIBLE FOR RETIREMENT UNDER THIS SECTION, AN ANNUITY
EQUAL TO ONE-ONE HUNDREDTH OF HIS OR HER FINAL AVERAGE SALARY FOR EACH
YEAR OF SERVICE AS A MEMBER PRIOR TO THE ATTAINMENT OF THE AGE WHEN HE
OR SHE SHALL FIRST BECOME ELIGIBLE FOR RETIREMENT. SUCH MEMBER'S RATE OF
CONTRIBUTION PURSUANT TO THIS SECTION SHALL BE APPROPRIATELY REDUCED
PURSUANT TO SECTION THREE HUNDRED SEVENTY-A OF THIS ARTICLE FOR SUCH
PERIOD OF TIME AS HIS OR HER EMPLOYER CONTRIBUTES PURSUANT TO SUCH
SECTION TOWARD PENSIONS-PROVIDING-FOR-INCREASED-TAKE-HOME-PAY. NO SUCH
MEMBER SHALL BE REQUIRED TO CONTINUE CONTRIBUTIONS AFTER COMPLETING
TWENTY-FIVE YEARS OF SUCH SERVICE.
F. A MEMBER CONTRIBUTING ON THE BASIS OF THIS SECTION, AT THE TIME OF
RETIREMENT, SHALL BE ENTITLED TO RETIRE AFTER THE COMPLETION OF TWENTY-
FIVE YEARS OF TOTAL CREDITABLE SERVICE OR UPON THE ATTAINMENT OF AGE
SIXTY BY FILING AN APPLICATION THEREFOR IN A MANNER SIMILAR TO THAT
PROVIDED IN SECTION THREE HUNDRED SEVENTY OF THIS ARTICLE. HE OR SHE
SHALL RECEIVE, ON RETIREMENT, A RETIREMENT ALLOWANCE CONSISTING OF:
1. AN ANNUITY WHICH SHALL BE THE ACTUARIAL EQUIVALENT OF HIS OR HER
ACCUMULATED CONTRIBUTIONS AT THE TIME OF HIS OR HER RETIREMENT, PLUS
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2. A PENSION WHICH, TOGETHER WITH SUCH ANNUITY AND A PENSION WHICH IS
THE ACTUARIAL EQUIVALENT OF THE RESERVE-FOR-INCREASED-TAKE-HOME-PAY TO
WHICH HE OR SHE MAY THEN BE ENTITLED, IF ANY, SHALL EQUAL ONE-FIFTIETH
OF HIS OR HER FINAL AVERAGE SALARY FOR EACH YEAR OF CREDITABLE SERVICE
IN SUCH SERVICE. THIS PENSION SHALL NOT EXCEED THE AMOUNT NEEDED TO MAKE
THE TOTAL AMOUNT OF THE BENEFITS PROVIDED UNDER THIS PARAGRAPH AND PARA-
GRAPH ONE OF THIS SUBDIVISION EQUAL TO ONE-HALF OF FINAL AVERAGE SALARY.
3. AN ADDITIONAL PENSION EQUAL TO THE PENSION FOR ANY CREDITABLE
SERVICE RENDERED WHILE NOT EMPLOYED AS A UNIVERSITY POLICE OFFICER IN
THE SERVICE OF THE STATE UNIVERSITY AS PROVIDED UNDER PARAGRAPHS TWO AND
THREE OF SUBDIVISION A OF SECTION THREE HUNDRED SEVENTY-FIVE OF THIS
ARTICLE. THIS PENSION SHALL:
(I) BE PAYABLE ONLY IF SUCH MEMBER HAS ATTAINED AGE SIXTY AT THE TIME
OF RETIREMENT AND HAS NOT COMPLETED TWENTY-FIVE YEARS OF SERVICE AS A
UNIVERSITY POLICE OFFICER IN THE SERVICE OF THE STATE UNIVERSITY FOR
WHICH HE OR SHE RECEIVES CREDIT UNDER THIS ARTICLE, AND
(II) NOT INCREASE THE TOTAL ALLOWANCE TO MORE THAN HE OR SHE WOULD
HAVE RECEIVED HAD HIS OR HER TOTAL SERVICE BEEN RENDERED AS A UNIVERSITY
POLICE OFFICER IN THE SERVICE OF THE STATE UNIVERSITY. FOR THE PURPOSE
ONLY OF DETERMINING THE AMOUNT OF THE PENSION PROVIDED HEREIN, THE ANNU-
ITY SHALL BE COMPUTED AS IT WOULD BE:
(A) IF NOT REDUCED BY THE ACTUARIAL EQUIVALENT OF ANY OUTSTANDING
LOAN, AND
(B) IF NOT INCREASED BY THE ACTUARIAL EQUIVALENT OF ANY ADDITIONAL
CONTRIBUTIONS, AND
(C) IF NOT REDUCED BY REASON OF THE MEMBER'S ELECTION TO DECREASE HIS
OR HER ANNUITY CONTRIBUTIONS TO THE RETIREMENT SYSTEM IN ORDER TO APPLY
THE AMOUNT OF SUCH REDUCTION IN PAYMENT OF HIS OR HER CONTRIBUTIONS FOR
OLD-AGE AND SURVIVORS INSURANCE COVERAGE.
G. THE INCREASED PENSIONS TO A UNIVERSITY POLICE OFFICER IN THE
SERVICE OF THE STATE UNIVERSITY, AS PROVIDED BY THIS SECTION, SHALL BE
PAID FROM ADDITIONAL CONTRIBUTIONS MADE BY THE STATE ON ACCOUNT OF SUCH
MEMBERS. THE ACTUARY OF THE RETIREMENT SYSTEM SHALL COMPUTE THE ADDI-
TIONAL CONTRIBUTION OF EACH MEMBER WHO ELECTS TO RECEIVE THE SPECIAL
BENEFITS PROVIDED UNDER THIS SECTION. SUCH ADDITIONAL CONTRIBUTIONS
SHALL BE COMPUTED ON THE BASIS OF CONTRIBUTIONS DURING THE PROSPECTIVE
SERVICE OF SUCH MEMBER WHICH WILL COVER THE LIABILITY OF THE RETIREMENT
SYSTEM FOR SUCH EXTRA PENSIONS. UPON APPROVAL BY THE COMPTROLLER, SUCH
ADDITIONAL CONTRIBUTIONS SHALL BE CERTIFIED BY HIM OR HER TO THE CHAN-
CELLOR OF THE STATE UNIVERSITY. THE AMOUNT THEREOF SHALL BE INCLUDED IN
THE ANNUAL APPROPRIATION OF THE STATE FOR THE STATE UNIVERSITY. SUCH
AMOUNT SHALL BE PAID ON THE WARRANT OF THE COMPTROLLER TO THE PENSION
ACCUMULATION FUND OF THE RETIREMENT SYSTEM.
H. IN COMPUTING THE TWENTY-FIVE YEARS OF COMPLETED SERVICE OF A
UNIVERSITY POLICE OFFICER IN THE SERVICE OF THE STATE UNIVERSITY, FULL
CREDIT SHALL BE GIVEN AND FULL ALLOWANCE SHALL BE MADE FOR SERVICE OF
SUCH MEMBER IN WAR AFTER WORLD WAR I AS DEFINED IN SECTION TWO OF THIS
CHAPTER, PROVIDED SUCH MEMBER AT THE TIME OF HIS OF HER ENTRANCE INTO
THE ARMED FORCES WAS IN STATE SERVICE, AND FULL CREDIT AND FULL ALLOW-
ANCE SHALL BE MADE FOR SERVICE AS A UNIVERSITY PEACE OFFICER PRIOR TO
THE EFFECTIVE DATE OF CHAPTER FOUR HUNDRED TWENTY-FOUR OF THE LAWS OF
NINETEEN HUNDRED NINETY-EIGHT.
I. THE PROVISIONS OF THIS SECTION SHALL BE CONTROLLING NOTWITHSTANDING
ANY PROVISION IN THIS ARTICLE TO THE CONTRARY.
J. NOTWITHSTANDING ANY PROVISION OF SUBDIVISION D, E OR I OF THIS
SECTION TO THE CONTRARY, A MEMBER WHO IS IN THE COLLECTIVE NEGOTIATING
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UNIT DESIGNATED AS THE AGENCY POLICE SERVICES UNIT AND ESTABLISHED
PURSUANT TO ARTICLE FOURTEEN OF THE CIVIL SERVICE LAW AND WHO HAS
ELECTED OR IS REQUIRED TO CONTRIBUTE IN ACCORDANCE WITH THIS SECTION
MAY, ON OR BEFORE MARCH THIRTY-FIRST, TWO THOUSAND SIXTEEN, ELECT TO
COME UNDER THE PROVISIONS OF SECTION THREE HUNDRED SEVENTY-FIVE-H OF
THIS ARTICLE. SUCH ELECTION SHALL BE DULY EXECUTED AND FILED WITH THE
COMPTROLLER.
K. COMMENCING WITH THE EFFECTIVE DATE OF THIS SECTION AND IN A MANNER
DETERMINED BY THE HEAD OF THE RETIREMENT SYSTEM, THE STATE, AS EMPLOYER,
SHALL MAKE CONTRIBUTIONS TO THE RETIREMENT SYSTEM TO FUND THE PAST
SERVICE LIABILITY COSTS ASSOCIATED WITH THE IMPLEMENTATION OF THIS
SECTION AS THOSE COSTS ARE CALCULATED BY THE RETIREMENT SYSTEM ACTUARY.
SUCH CONTRIBUTIONS MAY, AT THE ELECTION OF THE EMPLOYER, BE AMORTIZED
OVER A TEN YEAR PERIOD.
S 4. No employee contributions made to the New York state and local
employees' retirement system by any state university police officer who
elects to transfer pursuant to this act shall be returned to such offi-
cer. Such employee contributions shall be used to offset any past
service costs incurred by operation of the provisions of this act.
S 5. Notwithstanding subdivision h of section 343 of the retirement
and social security law, the provisions of subdivisions c and d of
section 343 of the retirement and social security law shall apply and
the employer contributions reserve shall be transferred from the appro-
priate fund or funds of the New York state and local employees' retire-
ment system to the New York state and local police and fire retirement
system.
S 6. Subdivision 3 of section 58 of the civil service law, as amended
by chapter 244 of the laws of 2013, is amended to read as follows:
3. As used in this section, the term "police officer" means a police
officer in the department of environmental conservation, THE STATE
UNIVERSITY POLICE, a member of the regional state park police or a
police force, police department, or other organization of a county,
city, town, village, housing authority, transit authority or police
district, who is responsible for the prevention and detection of crime
and the enforcement of the general criminal laws of the state, but shall
not include any person serving as such solely by virtue of his or her
occupying any other office or position, nor shall such term include a
sheriff, under-sheriff, commissioner of police, deputy or assistant
commissioner of police, chief of police, deputy or assistant chief of
police or any person having an equivalent title who is appointed or
employed to exercise equivalent supervisory authority.
S 7. Paragraphs (a) and (b) of subdivision 4 of section 58 of the
civil service law, as amended by chapter 244 of the laws of 2013, are
amended to read as follows:
(a) Any person who has received provisional or permanent appointment
in the competitive class of the civil service as a police officer of the
regional state park police, THE STATE UNIVERSITY OF NEW YORK POLICE, the
department of environmental conservation or any police force or police
department of any county, city, town, village, housing authority, trans-
it authority or police district shall be eligible to resign from any
police force or police department, and to be appointed as a police offi-
cer in the same or any other police force or police department without
satisfying the age requirements set forth in paragraph (a) of subdivi-
sion one of this section at the time of such second or subsequent
appointment, provided such second or subsequent appointment occurs with-
in thirty days of the date of resignation.
A. 6005 59
(b) Any person who has received permanent appointment in the compet-
itive class of the civil service as a police officer of the regional
state park police, THE STATE UNIVERSITY OF NEW YORK POLICE, the depart-
ment of environmental conservation or any police force or police depart-
ment of any county, city, town, village, housing authority, transit
authority or police district shall be eligible to resign from any police
force or police department and, subject to such civil service rules as
may be applicable, shall be eligible for reinstatement in the same
police force or police department or in any other police force or police
department to which he or she was eligible for transfer, without satis-
fying the age requirements set forth in paragraph (a) of subdivision one
of this section at the time of such reinstatement, provided such rein-
statement occurs within one year of the date of resignation.
S 8. This act shall take effect immediately.
FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
This bill would allow State University Police Officers to elect to
transfer to the New York State and Local Police and Fire Retirement
System and to be covered by the provisions of a new twenty-five (25)
year half pay retirement plan, with additional one-sixtieths of final
average salary for each year of service in excess of twenty-five (25)
years, but not exceeding fifteen (15) such years. For Tiers 2, 5, and 6
members, the additional one-sixtieths can not exceed seven (7) such
years. There will be no refund of Article 14 or Article 15 member
contributions for officers who elect to transfer to the Police and Fire
Retirement system.
If this bill is enacted, we anticipate that there will be an increase
of approximately $1.1 million in the annual contributions of the State
of New York for the fiscal year ending March 31, 2016.
In addition to the annual contributions discussed above, it is esti-
mated that there will be an immediate past service cost of $9.72 million
which would be borne by the State of New York, assuming that payment
will be made on March 1, 2016. If this cost is amortized over ten (10)
years, the cost for the first year, including interest, would be $1.32
million.
These estimated costs are based on five hundred sixteen (516) State
University Police Officers with a total estimated salary of approximate-
ly $39 million for the fiscal year ending March 31, 2014.
Summary of relevant resources:
The membership data used in measuring the impact of the proposed
change was the same as that used in the March 31, 2014 actuarial valu-
ation. Distributions and other statistics can be found in the 2014
Report of the Actuary and the 2014 Comprehensive Annual Financial
Report.
The actuarial assumptions and methods used are described in the 2010,
2011, 2012, 2013 and 2014 Annual Report to the Comptroller on Actuarial
Assumptions, and the Codes Rules and Regulations of the State of New
York: Audit and Control.
The Market Assets and GASB Disclosures are found in the March 31, 2014
New York State and Local Retirement System Financial Statements and
Supplementary Information.
I am a member of the American Academy of Actuaries and meet the Quali-
fication Standards to render the actuarial opinion contained herein.
This estimate, dated January 16, 2015 and intended for use only during
the 2015 Legislative Session, is Fiscal Note No. 2015-30 prepared by the
Actuary for the New York State and Local Employees' Retirement System
and the New York State and Local Police and Fire Retirement System.
A. 6005 60
PART R
Intentionally Omitted
PART S
Section 1. Subparagraph (viii) of paragraph a of subdivision 10 of
section 54 of the state finance law is amended by adding a new clause 3
to read as follows:
(3) FOR THE STATE FISCAL YEAR COMMENCING APRIL FIRST, TWO THOUSAND
FIFTEEN AND IN EACH STATE FISCAL YEAR THEREAFTER, THE AMOUNT OF MISCEL-
LANEOUS FINANCIAL ASSISTANCE FROM THE LOCAL ASSISTANCE ACCOUNT RECEIVED
BY A VILLAGE IN THE FISCAL YEAR BEGINNING APRIL FIRST, TWO THOUSAND
FOURTEEN.
S 2. This act shall take effect immediately.
PART T
Section 1. Paragraphs (b) and (c) of subdivision 3 of section 722 of
the county law, as amended by section 3 of part E of chapter 56 of the
laws of 2010, are amended to read as follows:
(b) Any plan of a bar association must receive the approval of the
[state administrator] OFFICE OF INDIGENT LEGAL SERVICES before the plan
is placed in operation. In the county of Hamilton, representation pursu-
ant to a plan of a bar association in accordance with subparagraph (i)
of paragraph (a) of this subdivision may be by counsel furnished by the
Fulton county bar association pursuant to a plan of the Fulton county
bar association, following approval of the [state administrator] OFFICE
OF INDIGENT LEGAL SERVICES. When considering approval of an office of
conflict defender pursuant to this section, the [state administrator]
OFFICE OF INDIGENT LEGAL SERVICES shall employ the guidelines IT HAS
HERETOFORE established [by the office of indigent legal services] pursu-
ant to paragraph (d) of subdivision three of section eight hundred thir-
ty-two of the executive law.
(c) Any county operating an office of conflict defender, as described
in subparagraph (ii) of paragraph (a) of this subdivision, as of March
thirty-first, two thousand ten may continue to utilize the services
provided by such office provided that the county submits a plan to the
state administrator within one hundred eighty days after the promulga-
tion of criteria for the provision of conflict defender services by the
office of indigent legal services. The authority to operate such an
office pursuant to this paragraph shall expire when the state adminis-
trator (OR, ON OR AFTER APRIL FIRST, TWO THOUSAND FIFTEEN, THE OFFICE OF
INDIGENT LEGAL SERVICES) approves or disapproves such plan. Upon
approval, the county is authorized to operate such office in accordance
with paragraphs (a) and (b) of this subdivision.
S 2. Subdivision 3 of section 722 of the county law is amended by
adding a new paragraph (d) to read as follows:
(D) FOR PURPOSES OF THIS SUBDIVISION, ANY PLAN OF A BAR ASSOCIATION
APPROVED HEREUNDER PURSUANT TO THIS SUBDIVISION, AS PROVIDED PRIOR TO
APRIL FIRST, TWO THOUSAND FIFTEEN, SHALL REMAIN IN EFFECT UNTIL IT IS
SUPERSEDED BY A PLAN APPROVED BY THE OFFICE OF INDIGENT LEGAL SERVICES
OR DISAPPROVED BY SUCH OFFICE.
S 3. Subdivision 1 and paragraph (a) of subdivision 2 of section 722-f
of the county law, subdivision 1 as added by chapter 761 of the laws of
A. 6005 61
1966 and as designated and paragraph (a) of subdivision 2 as added by
section 4 of part J of chapter 62 of the laws of 2003, are amended to
read as follows:
1. A public defender appointed pursuant to article eighteen-A of this
chapter, a private legal aid bureau or society designated by a county or
city pursuant to subdivision two of section seven hundred twenty-two of
this [chapter] ARTICLE, [and] an administrator of a plan of a bar asso-
ciation appointed pursuant to subdivision three of section seven hundred
twenty-two of this [chapter] ARTICLE AND AN OFFICE OF CONFLICT DEFENDER
ESTABLISHED PURSUANT TO SUCH SUBDIVISION shall file an annual report
with the [judicial conference] CHIEF ADMINISTRATOR OF THE COURTS AND THE
OFFICE OF INDIGENT LEGAL SERVICES. SUCH REPORT SHALL BE FILED at such
times and in such detail and form as the [judicial conference] OFFICE OF
INDIGENT LEGAL SERVICES may direct.
(a) The county executive or chief executive officer of each county or,
in the case of a county wholly contained within a city, such city shall
file an annual report which specifies in detail and certifies to the
state comptroller the total expenditures of such county or city, identi-
fying "local funds", as defined in subdivision [four] TWO of section
ninety-eight-b of the state finance law, state funds, federal funds and
funds received from a "private source" as described in subdivision
[four] TWO of section ninety-eight-b of the state finance law, for
providing legal representation to persons who were financially unable to
afford counsel, pursuant to this article. Such annual report, A COPY OF
WHICH ALSO SHALL BE FILED WITH THE OFFICE OF INDIGENT LEGAL SERVICES,
shall be made on a form developed for such purpose by the state comp-
troller.
S 4. This act shall take effect April 1, 2015.
PART U
Section 1. The public service law is amended by adding a new article
1-A to read as follows:
ARTICLE 1-A
THE STATE OFFICE OF THE UTILITY CONSUMER ADVOCATE
SECTION 28-A. DEFINITIONS.
28-B. ESTABLISHMENT OF THE STATE OFFICE OF THE UTILITY CONSUMER
ADVOCATE.
28-C. POWERS OF THE STATE OFFICE OF THE UTILITY CONSUMER ADVO-
CATE.
28-D. REPORTS.
S 28-A. DEFINITIONS. WHEN USED IN THIS ARTICLE: (A) "DEPARTMENT"
MEANS THE DEPARTMENT OF PUBLIC SERVICE.
(B) "COMMISSION" MEANS THE PUBLIC SERVICE COMMISSION.
(C) "RESIDENTIAL UTILITY CUSTOMER" MEANS ANY PERSON WHO IS SOLD OR
OFFERED FOR SALE RESIDENTIAL UTILITY SERVICE BY A UTILITY COMPANY.
(D) "UTILITY COMPANY" MEANS ANY PERSON OR ENTITY OPERATING AN AGENCY
FOR PUBLIC SERVICE, INCLUDING, BUT NOT LIMITED TO, THOSE PERSONS OR
ENTITIES SUBJECT TO THE JURISDICTION, SUPERVISION AND REGULATIONS
PRESCRIBED BY OR PURSUANT TO THE PROVISIONS OF THIS CHAPTER.
S 28-B. ESTABLISHMENT OF THE STATE OFFICE OF THE UTILITY CONSUMER
ADVOCATE. THERE IS ESTABLISHED THE STATE OFFICE OF THE UTILITY CONSUMER
ADVOCATE TO REPRESENT THE INTERESTS OF RESIDENTIAL UTILITY CUSTOMERS.
THE UTILITY CONSUMER ADVOCATE SHALL BE APPOINTED BY THE GOVERNOR TO A
TERM OF SIX YEARS, UPON THE ADVICE AND CONSENT OF THE SENATE. THE UTILI-
TY CONSUMER ADVOCATE SHALL POSSESS KNOWLEDGE AND EXPERIENCE IN MATTERS
A. 6005 62
AFFECTING RESIDENTIAL UTILITY CUSTOMERS AND SHALL BE RESPONSIBLE FOR THE
DIRECTION, CONTROL, AND OPERATION OF THE STATE OFFICE OF THE UTILITY
CONSUMER ADVOCATE, INCLUDING ITS HIRING OF STAFF AND RETENTION OF
EXPERTS FOR ANALYSIS AND TESTIMONY IN PROCEEDINGS. THE UTILITY CONSUMER
ADVOCATE SHALL NOT BE REMOVED FOR CAUSE, BUT MAY BE REMOVED ONLY AFTER
NOTICE AND OPPORTUNITY TO BE HEARD, AND ONLY FOR PERMANENT DISABILITY,
MALFEASANCE, A FELONY, OR CONDUCT INVOLVING MORAL TURPITUDE. EXERCISE OF
INDEPENDENT JUDGMENT IN ADVOCATING POSITIONS ON BEHALF OF RESIDENTIAL
UTILITY CUSTOMERS SHALL NOT CONSTITUTE CAUSE FOR REMOVAL OF THE UTILITY
CONSUMER ADVOCATE.
S 28-C. POWERS OF THE STATE OFFICE OF THE UTILITY CONSUMER ADVOCATE.
THE STATE OFFICE OF THE UTILITY CONSUMER ADVOCATE SHALL HAVE THE POWER
AND DUTY TO: (A) INITIATE, INTERVENE IN, OR PARTICIPATE ON BEHALF OF
RESIDENTIAL UTILITY CUSTOMERS IN ANY PROCEEDINGS BEFORE THE COMMISSION,
THE FEDERAL ENERGY REGULATORY COMMISSION, THE FEDERAL COMMUNICATIONS
COMMISSION, FEDERAL, STATE AND LOCAL ADMINISTRATIVE AND REGULATORY AGEN-
CIES, AND STATE AND FEDERAL COURTS IN ANY MATTER OR PROCEEDING THAT MAY
SUBSTANTIALLY AFFECT THE INTERESTS OF RESIDENTIAL UTILITY CUSTOMERS,
INCLUDING, BUT NOT LIMITED TO, A PROPOSED CHANGE OF RATES, CHARGES,
TERMS AND CONDITIONS OF SERVICE, THE ADOPTION OF RULES, REGULATIONS,
GUIDELINES, ORDERS, STANDARDS OR FINAL POLICY DECISIONS WHERE THE UTILI-
TY CONSUMER ADVOCATE DEEMS SUCH INITIATION, INTERVENTION OR PARTIC-
IPATION TO BE NECESSARY OR APPROPRIATE;
(B) REPRESENT THE INTERESTS OF RESIDENTIAL UTILITY CUSTOMERS OF THE
STATE BEFORE FEDERAL, STATE AND LOCAL ADMINISTRATIVE AND REGULATORY
AGENCIES ENGAGED IN THE REGULATION OF ENERGY, TELECOMMUNICATIONS, WATER,
AND OTHER UTILITY SERVICES, AND BEFORE STATE AND FEDERAL COURTS IN
ACTIONS AND PROCEEDINGS TO REVIEW THE ACTIONS OF UTILITIES OR ORDERS OF
UTILITY REGULATORY AGENCIES. ANY ACTION OR PROCEEDING BROUGHT BY THE
UTILITY CONSUMER ADVOCATE BEFORE A COURT OR AN AGENCY SHALL BE BROUGHT
IN THE NAME OF THE STATE OFFICE OF THE UTILITY CONSUMER ADVOCATE. THE
UTILITY CONSUMER ADVOCATE MAY JOIN WITH A RESIDENTIAL UTILITY CUSTOMER
OR GROUP OF RESIDENTIAL UTILITY CUSTOMERS IN BRINGING AN ACTION;
(C) (I) IN ADDITION TO ANY OTHER AUTHORITY CONFERRED UPON THE UTILITY
CONSUMER ADVOCATE, HE OR SHE IS AUTHORIZED, AND IT SHALL BE HIS OR HER
DUTY TO REPRESENT THE INTERESTS OF RESIDENTIAL UTILITY CUSTOMERS AS A
PARTY, OR OTHERWISE PARTICIPATE FOR THE PURPOSE OF REPRESENTING THE
INTERESTS OF SUCH CUSTOMERS BEFORE ANY AGENCIES OR COURTS. HE OR SHE MAY
INITIATE PROCEEDINGS IF IN HIS OR HER JUDGMENT DOING SO MAY BE NECESSARY
IN CONNECTION WITH ANY MATTER INVOLVING THE ACTIONS OR REGULATION OF
PUBLIC UTILITY COMPANIES WHETHER ON APPEAL OR OTHERWISE INITIATED. THE
UTILITY CONSUMER ADVOCATE MAY MONITOR ALL CASES BEFORE REGULATORY AGEN-
CIES IN THE UNITED STATES, INCLUDING THE FEDERAL COMMUNICATIONS COMMIS-
SION AND THE FEDERAL ENERGY REGULATORY COMMISSION THAT AFFECT THE INTER-
ESTS OF RESIDENTIAL UTILITY CUSTOMERS OF THE STATE AND MAY FORMALLY
PARTICIPATE IN THOSE PROCEEDINGS WHICH IN HIS OR HER JUDGMENT WARRANTS
SUCH PARTICIPATION.
(II) THE UTILITY CONSUMER ADVOCATE SHALL EXERCISE HIS OR HER INDEPEND-
ENT DISCRETION IN DETERMINING THE INTERESTS OF RESIDENTIAL UTILITY
CUSTOMERS THAT WILL BE ADVOCATED IN ANY PROCEEDING, AND DETERMINING
WHETHER TO PARTICIPATE IN OR INITIATE ANY PROCEEDING AND, IN SO DETER-
MINING, SHALL CONSIDER THE PUBLIC INTEREST, THE RESOURCES AVAILABLE, AND
THE SUBSTANTIALITY OF THE EFFECT OF THE PROCEEDING ON THE INTEREST OF
RESIDENTIAL UTILITY CUSTOMERS;
(D) REQUEST AND RECEIVE FROM ANY STATE OR LOCAL AUTHORITY, AGENCY,
DEPARTMENT OR DIVISION OF THE STATE OR POLITICAL SUBDIVISION SUCH
A. 6005 63
ASSISTANCE, PERSONNEL, INFORMATION, BOOKS, RECORDS, OTHER DOCUMENTATION
AND COOPERATION NECESSARY TO PERFORM ITS DUTIES; AND
(E) ENTER INTO COOPERATIVE AGREEMENTS WITH OTHER GOVERNMENT OFFICES TO
EFFICIENTLY CARRY OUT ITS WORK.
S 28-D. REPORTS. ON JULY FIRST, TWO THOUSAND SIXTEEN AND ANNUALLY
THEREAFTER, THE STATE OFFICE OF THE UTILITY CONSUMER ADVOCATE SHALL
ISSUE A REPORT TO THE GOVERNOR AND THE LEGISLATURE, AND MAKE SUCH REPORT
AVAILABLE TO THE PUBLIC FREE OF CHARGE ON A PUBLICLY AVAILABLE WEBSITE,
CONTAINING, BUT NOT LIMITED TO, THE FOLLOWING INFORMATION:
(A) ALL PROCEEDINGS THAT THE STATE OFFICE OF THE UTILITY CONSUMER
ADVOCATE PARTICIPATED IN AND THE OUTCOME OF SUCH PROCEEDINGS, TO THE
EXTENT OF SUCH OUTCOME AND IF NOT CONFIDENTIAL;
(B) ESTIMATED SAVINGS TO RESIDENTIAL UTILITY CONSUMERS THAT RESULTED
FROM INTERVENTION BY THE STATE OFFICE OF THE UTILITY CONSUMER ADVOCATE;
AND
(C) POLICY RECOMMENDATIONS AND SUGGESTED STATUTORY AMENDMENTS THAT THE
STATE OFFICE OF THE UTILITY CONSUMER ADVOCATE DEEMS NECESSARY.
S 2. This act shall take effect on the first of April next succeeding
the date on which it shall have become a law.
PART V
Section 1. The public service law is amended by adding a new section
24-c to read as follows:
S 24-C. UTILITY INTERVENOR REIMBURSEMENT. 1. AS USED IN THIS
SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
(A) "COMPENSATION" MEANS PAYMENT FROM THE UTILITY INTERVENOR ACCOUNT
FUND ESTABLISHED BY SECTION NINETY-SEVEN-LLLL OF THE STATE FINANCE LAW,
FOR ALL OR PART, AS DETERMINED BY THE DEPARTMENT, OF REASONABLE ADVO-
CATE'S FEES, REASONABLE EXPERT WITNESS FEES, AND OTHER REASONABLE COSTS
FOR PREPARATION AND PARTICIPATION IN A PROCEEDING.
(B) "PARTICIPANT" MEANS A GROUP OF PERSONS THAT APPLY JOINTLY FOR AN
AWARD OF COMPENSATION UNDER THIS SECTION AND WHO REPRESENT THE INTERESTS
OF A SIGNIFICANT NUMBER OF RESIDENTIAL OR SMALL BUSINESS CUSTOMERS, OR A
NOT-FOR-PROFIT ORGANIZATION IN THIS STATE AUTHORIZED PURSUANT TO ITS
ARTICLES OF INCORPORATION OR BYLAWS TO REPRESENT THE INTERESTS OF RESI-
DENTIAL OR SMALL BUSINESS UTILITY CUSTOMERS. FOR PURPOSES OF THIS
SECTION, A PARTICIPANT DOES NOT INCLUDE A NON-PROFIT ORGANIZATION OR
OTHER ORGANIZATION WHOSE PRINCIPAL INTERESTS ARE THE WELFARE OF A PUBLIC
UTILITY OR ITS INVESTORS OR EMPLOYEES, OR THE WELFARE OF ONE OR MORE
BUSINESSES OR INDUSTRIES WHICH RECEIVE UTILITY SERVICE ORDINARILY AND
PRIMARILY FOR USE IN CONNECTION WITH THE PROFIT-SEEKING MANUFACTURE,
SALE, OR DISTRIBUTION OF GOODS OR SERVICES.
(C) "OTHER REASONABLE COSTS" MEANS REASONABLE OUT-OF-POCKET EXPENSES
DIRECTLY INCURRED BY A PARTICIPANT THAT ARE DIRECTLY RELATED TO THE
CONTENTIONS OR RECOMMENDATIONS MADE BY THE PARTICIPANT THAT RESULTED IN
A SUBSTANTIAL CONTRIBUTION.
(D) "PARTY" MEANS ANY INTERESTED PARTY, RESPONDENT PUBLIC UTILITY, OR
COMMISSION STAFF IN A HEARING OR PROCEEDING.
(E) "PROCEEDING" MEANS A COMPLAINT, OR INVESTIGATION, RULEMAKING, OR
OTHER FORMAL PROCEEDING BEFORE THE COMMISSION, OR ALTERNATIVE DISPUTE
RESOLUTION PROCEDURES IN LIEU OF FORMAL PROCEEDINGS AS MAY BE SPONSORED
OR ENDORSED BY THE COMMISSION, PROVIDED HOWEVER SUCH PROCEEDINGS SHALL
BE LIMITED TO THOSE RELATING TO PUBLIC UTILITIES THAT DISTRIBUTE AND
DELIVER GAS, ELECTRICITY, OR STEAM WITHIN THIS STATE AND HAVING ANNUAL
REVENUES IN EXCESS OF TWO HUNDRED MILLION DOLLARS ARISING UNDER AND
A. 6005 64
PROCEEDING PURSUANT TO THE FOLLOWING ARTICLES OF THIS CHAPTER: (1) THE
REGULATION OF THE PRICE OF GAS AND ELECTRICITY, PURSUANT TO ARTICLE FOUR
OF THIS CHAPTER; (2) THE REGULATION OF THE PRICE OF STEAM, PURSUANT TO
ARTICLE FOUR-A OF THIS CHAPTER; (3) THE SUBMETERING, REMETERING OR
RESALE OF ELECTRICITY TO RESIDENTIAL PREMISES, PURSUANT TO SECTION
SIXTY-FIVE AND SIXTY-SIX OF THIS CHAPTER, AND PURSUANT TO REGULATIONS
REGARDING THE SUBMETERING, REMETERING, OR RESALE OF ELECTRICITY ADOPTED
BY THE COMMISSION; AND (4) SUCH SECTIONS OF THIS CHAPTER AS ARE APPLICA-
BLE TO A PROCEEDING IN WHICH THE COMMISSION MAKES A FINDING ON THE
RECORD THAT THE PUBLIC INTEREST REQUIRES THE REIMBURSEMENT OF UTILITY
INTERVENOR FEES PURSUANT TO THIS SECTION.
(F) "SIGNIFICANT FINANCIAL HARDSHIP" MEANS THAT THE PARTICIPANT WILL
BE UNABLE TO AFFORD, WITHOUT UNDUE HARDSHIP, TO PAY THE COSTS OF EFFEC-
TIVE PARTICIPATION, INCLUDING ADVOCATE'S FEES, EXPERT WITNESS FEES, AND
OTHER REASONABLE COSTS OF PARTICIPATION.
(G) "SMALL BUSINESS" MEANS A BUSINESS WITH A GROSS ANNUAL REVENUE OF
TWO HUNDRED FIFTY THOUSAND DOLLARS OR LESS.
(H) "SUBSTANTIAL CONTRIBUTION" MEANS THAT, IN THE JUDGMENT OF THE
DEPARTMENT, THE PARTICIPANT'S APPLICATION MAY SUBSTANTIALLY ASSIST THE
COMMISSION IN MAKING ITS DECISION BECAUSE THE DECISION MAY ADOPT IN
WHOLE OR IN PART ONE OR MORE FACTUAL CONTENTIONS, LEGAL CONTENTIONS, OR
SPECIFIC POLICY OR PROCEDURAL RECOMMENDATIONS THAT WILL BE PRESENTED BY
THE PARTICIPANT.
2. A PARTICIPANT MAY APPLY FOR AN AWARD OF COMPENSATION UNDER THIS
SECTION IN A PROCEEDING IN WHICH SUCH PARTICIPANT HAS SOUGHT ACTIVE
PARTY STATUS AS DEFINED BY THE DEPARTMENT. THE DEPARTMENT SHALL DETER-
MINE APPROPRIATE PROCEDURES FOR ACCEPTING AND RESPONDING TO SUCH APPLI-
CATIONS. AT THE TIME OF APPLICATION, SUCH PARTICIPANT SHALL SERVE ON
EVERY PARTY TO THE PROCEEDING NOTICE OF INTENT TO APPLY FOR AN AWARD OF
COMPENSATION.
AN APPLICATION SHALL INCLUDE:
(A) A STATEMENT OF THE NATURE AND EXTENT AND THE FACTUAL AND LEGAL
BASIS OF THE PARTICIPANT'S PLANNED PARTICIPATION IN THE PROCEEDING AS
FAR AS IT IS POSSIBLE TO DESCRIBE SUCH PARTICIPATION WITH REASONABLE
SPECIFICITY AT THE TIME THE APPLICATION IS FILED.
(B) AT MINIMUM, A REASONABLY DETAILED DESCRIPTION OF ANTICIPATED ADVO-
CATES AND EXPERT WITNESS FEES AND OTHER COSTS OF PREPARATION AND PARTIC-
IPATION THAT THE PARTICIPANT EXPECTS TO REQUEST AS COMPENSATION.
(C) IF PARTICIPATION OR INTERVENTION WILL IMPOSE A SIGNIFICANT FINAN-
CIAL HARDSHIP AND THE PARTICIPANT SEEKS PAYMENT IN ADVANCE TO AN AWARD
OF COMPENSATION IN ORDER TO INITIATE, CONTINUE OR COMPLETE PARTICIPATION
IN THE HEARING OR PROCEEDING, SUCH PARTICIPANT MUST INCLUDE EVIDENCE OF
SUCH SIGNIFICANT FINANCIAL HARDSHIP IN ITS APPLICATION.
(D) ANY OTHER REQUIREMENTS AS REQUIRED BY THE DEPARTMENT.
3. (A) WITHIN THIRTY DAYS AFTER THE FILING OF AN APPLICATION THE
DEPARTMENT SHALL ISSUE A DECISION THAT DETERMINES WHETHER OR NOT THE
PARTICIPANT MAY MAKE A SUBSTANTIAL CONTRIBUTION TO THE FINAL DECISION IN
THE HEARING OR PROCEEDING. IF THE DEPARTMENT FINDS THAT THE PARTICIPANT
REQUESTING COMPENSATION MAY MAKE A SUBSTANTIAL CONTRIBUTION, THE DEPART-
MENT SHALL DESCRIBE THIS SUBSTANTIAL CONTRIBUTION AND DETERMINE THE
AMOUNT OF COMPENSATION TO BE PAID PURSUANT TO SUBDIVISION FOUR OF THIS
SECTION.
(B) NOTWITHSTANDING SUBDIVISION FOUR OF THIS SECTION, IF THE DEPART-
MENT FINDS THAT THE PARTICIPANT HAS A SIGNIFICANT FINANCIAL HARDSHIP,
THE DEPARTMENT MAY DIRECT THE PUBLIC UTILITY OR UTILITIES SUBJECT TO THE
PROCEEDING TO PAY ALL OR PART OF THE COMPENSATION TO THE DEPARTMENT TO
A. 6005 65
BE PROVIDED TO THE PARTICIPANT PRIOR TO THE END OF THE PROCEEDING. IN
THE EVENT THAT THE PARTICIPANT DISCONTINUES ITS PARTICIPATION IN THE
PROCEEDING WITHOUT THE CONSENT OF THE DEPARTMENT, THE DEPARTMENT SHALL
BE ENTITLED TO, IN WHOLE OR IN PART, RECOVER ANY PAYMENTS MADE TO SUCH
PARTICIPANT TO BE REFUNDED TO THE PUBLIC UTILITY OR UTILITIES THAT
PROVIDED SUCH PAYMENT.
(C) THE COMPUTATION OF COMPENSATION PURSUANT TO PARAGRAPH (A) OF THIS
SUBDIVISION SHALL TAKE INTO CONSIDERATION THE MARKET RATES PAID TO
PERSONS OF COMPARABLE TRAINING AND EXPERIENCE WHO OFFER SIMILAR
SERVICES. THE COMPENSATION AWARDED MAY NOT, IN ANY CASE, EXCEED THE
COMPARABLE MARKET RATE FOR SERVICES PAID BY THE DEPARTMENT OR THE PUBLIC
UTILITY, WHICHEVER IS GREATER, TO PERSONS OF COMPARABLE TRAINING AND
EXPERIENCE WHO ARE OFFERING SIMILAR SERVICES.
(D) ANY COMPENSATION AWARDED TO A PARTICIPANT AND NOT USED BY SUCH
PARTICIPANT SHALL BE RETURNED TO THE DEPARTMENT FOR REFUND TO THE PUBLIC
UTILITY OR UTILITIES THAT PROVIDED SUCH PAYMENT.
(E) THE DEPARTMENT SHALL REQUIRE THAT PARTICIPANTS SEEKING PAYMENT
MAINTAIN AN ITEMIZED RECORD OF ALL EXPENDITURES INCURRED AS A RESULT OF
SUCH PROCEEDING.
(I) THE DEPARTMENT MAY USE THE ITEMIZED RECORD OF EXPENSES TO VERIFY
THE CLAIM OF FINANCIAL HARDSHIP BY A PARTICIPANT SEEKING PAYMENT PURSU-
ANT TO PARAGRAPH (C) OF SUBDIVISION TWO OF THIS SECTION.
(II) THE DEPARTMENT MAY USE THE RECORD OF EXPENDITURES IN DETERMINING,
AFTER THE COMPLETION OF A PROCEEDING, IF ANY UNUSED FUNDS REMAIN.
(III) THE DEPARTMENT SHALL PRESERVE THE CONFIDENTIALITY OF THE PARTIC-
IPANT'S RECORDS IN MAKING ANY AUDIT OR DETERMINING THE AVAILABILITY OF
FUNDS AFTER THE COMPLETION OF A PROCEEDING.
(F) IN THE EVENT THAT THE DEPARTMENT FINDS THAT TWO OR MORE PARTIC-
IPANTS' APPLICATIONS HAVE SUBSTANTIALLY SIMILAR INTERESTS, THE DEPART-
MENT MAY REQUIRE SUCH PARTICIPANTS TO APPLY JOINTLY IN ORDER TO RECEIVE
COMPENSATION.
4. ANY COMPENSATION PURSUANT TO THIS SECTION SHALL BE PAID AT THE
CONCLUSION OF THE PROCEEDING BY THE PUBLIC UTILITY OR UTILITIES SUBJECT
TO THE PROCEEDING WITHIN THIRTY DAYS. SUCH COMPENSATION SHALL BE REMIT-
TED TO THE DEPARTMENT WHICH SHALL THEN REMIT SUCH COMPENSATION TO THE
PARTICIPANT.
5. THE DEPARTMENT SHALL DENY ANY AWARD TO ANY PARTICIPANT WHO ATTEMPTS
TO DELAY OR OBSTRUCT THE ORDERLY AND TIMELY FULFILLMENT OF THE DEPART-
MENT'S RESPONSIBILITIES.
S 2. The state finance law is amended by adding a new section 97-llll
to read as follows:
S 97-LLLL. UTILITY INTERVENOR ACCOUNT. 1. THERE IS HEREBY ESTABLISHED
IN THE JOINT CUSTODY OF THE STATE COMPTROLLER AND THE COMMISSIONER OF
TAXATION AND FINANCE A FUND TO BE KNOWN AS THE UTILITY INTERVENOR
ACCOUNT.
2. SUCH ACCOUNT SHALL CONSIST OF ALL UTILITY INTERVENOR REIMBURSEMENT
MONIES RECEIVED FROM UTILITIES PURSUANT TO SECTION TWENTY-FOUR-C OF THE
PUBLIC SERVICE LAW.
S 3. This act shall take effect on the thirtieth day after it shall
have become a law.
PART W
Section 1. Section 13 of chapter 141 of the laws of 1994, amending the
legislative law and the state finance law relating to the operation and
A. 6005 66
administration of the legislature, as amended by section 2 of part K of
chapter 55 of the laws of 2014, is amended to read as follows:
S 13. This act shall take effect immediately and shall be deemed to
have been in full force and effect as of April 1, 1994, provided that,
the provisions of section 5-a of the legislative law as amended by
sections two and two-a of this act shall take effect on January 1, 1995,
and provided further that, the provisions of article 5-A of the legisla-
tive law as added by section eight of this act shall expire June 30,
[2015] 2016 when upon such date the provisions of such article shall be
deemed repealed; and provided further that section twelve of this act
shall be deemed to have been in full force and effect on and after April
10, 1994.
S 2. This act shall take effect immediately, provided, however, if
this act shall take effect on or after June 30, 2015 this act shall be
deemed to have been in full force and effect on and after June 30, 2015.
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 W of this act shall be
as specifically set forth in the last section of such Parts.
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