Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
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Apr 13, 2016 |
signed chap.57 |
Apr 01, 2016 |
delivered to governor |
Mar 31, 2016 |
returned to assembly passed senate message of necessity - 3 day message 3rd reading cal.514 substituted for s6405c |
Mar 31, 2016 |
substituted by a9005c ordered to third reading cal.514 |
Mar 30, 2016 |
print number 6405c |
Mar 30, 2016 |
amend (t) and recommit to finance |
Mar 12, 2016 |
print number 6405b |
Mar 12, 2016 |
amend (t) and recommit to finance |
Feb 16, 2016 |
print number 6405a |
Feb 16, 2016 |
amend (t) and recommit to finance |
Jan 14, 2016 |
referred to finance |
Senate Bill S6405C
Signed By Governor2015-2016 Legislative Session
Enacts into law major components of legislation necessary to implement the state public protection and general government budget for the 2016-2017 state fiscal year
download bill text pdfSponsored By
There are no sponsors of this bill.
Archive: Last Bill Status Via A9005 - Signed by Governor
- Introduced
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- In Committee Assembly
- In Committee Senate
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- On Floor Calendar Assembly
- On Floor Calendar Senate
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- Passed Assembly
- Passed Senate
- Delivered to Governor
- Signed By Governor
Actions
Votes
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Floor Vote: Mar 31, 2016
aye (61)- Addabbo Jr.
- Akshar
- Amedore
- Avella
- Bonacic
- Boyle
- Breslin
- Carlucci
- Comrie
- Croci
- DeFrancisco
- Diaz
- Dilan
- Espaillat
- Farley
- Felder
- Flanagan
- Funke
- Gallivan
- Gianaris
- Golden
- Griffo
- Hamilton
- Hannon
- Hassell-Thompson
- Kennedy
- Klein
- Krueger
- LaValle
- Lanza
- Larkin
- Latimer
- Little
- Marcellino
- Marchione
- Martins
- Montgomery
- Murphy
- Nozzolio
- O'Mara
- Ortt
- Panepinto
- Parker
- Peralta
- Perkins
- Persaud
- Ranzenhofer
- Ritchie
- Rivera
- Robach
- Sanders Jr.
- Savino
- Serino
- Serrano
- Seward
- Squadron
- Stavisky
- Stewart-Cousins
- Valesky
- Venditto
- Young
nay (1)
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Mar 31, 2016 - Finance Committee Vote
S6405C29Aye0Nay8Aye with Reservations0Absent0Excused0Abstained-
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Finance Committee Vote: Mar 31, 2016
aye (29)aye wr (8)
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Bill Amendments
2015-S6405 - Details
- See Assembly Version of this Bill:
- A9005
- Law Section:
- Budget Bills
- Laws Affected:
- Amd Various Laws, generally
2015-S6405 - Summary
Enacts into law major components of legislation necessary to implement the state public protection and general government budget for the 2016-2017 state fiscal year; intentionally omitted (Part A); amends 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, in relation to the effectiveness thereof (Part B); amends the tax law, in relation to suspending the transfer of monies into the emergency services revolving loan fund from the public safety communications account (Part C)
2015-S6405 - Sponsor Memo
BILL NUMBER: S6405 TITLE OF BILL : An act to amend the executive law, in relation to the appointment of an independent special counsel to review matters involving the use of deadly physical force by a police officer; to amend the criminal procedure law, in relation to grand jury reports and proceedings, the district attorney's letter and leave to appeal; to amend the county law, in relation to the appointment of a special district attorney; to amend the penal law, in relation to unlawful grand jury disclosure; to amend the executive law, in relation to establishing a model law enforcement use of force policy and to reporting duties of law enforcement departments with respect to enforcement of certain violations and misdemeanors; and to amend the criminal procedure law, in relation to the contents of an application for a search warrant (Part A); to amend 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, in relation to the effectiveness thereof (Part B); to amend the tax law, in relation to suspending the transfer of monies into the emergency services revolving loan fund from the public safety communications account (Part C); to amend the executive law in relation to transferring certain functions to the division of state police from the division of homeland security and emergency services (Part D); to amend chapter 268 of the laws of 1996, amending the education law and the state finance law relating to providing a recruitment incentive and retention program for certain active members of the New York army
national guard, New York air national guard, and New York naval militia, in relation to the effectiveness of such chapter (Part E); to amend chapter 83 of the laws of 1995 amending the state finance law and other laws relating to bonds, notes, and revenues, in relation to making certain provisions permanent; and to amend chapter 1 of the laws of 2005 amending the state finance law relating to restricting contacts in the procurement process and the recording of contacts relating thereto, in relation to making certain provisions permanent (Part F); to amend the workers' compensation law, in relation to the authorization of certain providers, the computation of average weekly wages basis of compensation, penalties of the workers' compensation board, an assumption of workers' compensation liability insurance policy and fund for reopened cases financing agreement, the authority to issue aggregate penalties, deposits into the aggregate trust fund, the pooled individual self-insured employer fund, workers' compensation board, workers' compensation board's designation to review appeals or any review of any orders, authorizations of assessments for annual expenses, payment of claims of affected World Trade Center volunteers and to allow public group self-insured employers to offer alternative coverage; to amend the public authorities law, in relation to the assumption of workers' compensation liability insurance policy, and the dormitory authority's authority to issue bonds to reduce assessments imposed on self-insured employers; to amend the insurance law, in relation to large deductible programs; and to repeal certain provisions of the public authorities law relating thereto (Part G); to amend the workers' compensation law and the insurance law, in relation to provide paid family leave benefits; and to repeal sections 223 and 224 of the workers' compensation law, relating to disability benefits (Part H); to amend the public authorities law, in relation to establishing the New York State Design and Construction Corporation act (Part I); to amend the civil service law, in relation to the state's contribution to the cost of health insurance premiums for retirees of the state and their dependents (Part J); to amend the civil service law, in relation to the reimbursement of medicare premium charges (Part K); to amend the civil service law, in relation to the expiration of public arbitration panels (Part L); to amend the state finance law, in relation to the dedicated infrastructure investment fund (Part M); and to provide for the administration of certain funds and accounts related to the 2016-17 budget, authorizing certain payments and transfers; to amend the state finance law, in relation to the rainy day reserve fund, the dedicated infrastructure investment fund infrastructure investment account, and the school tax relief fund; to amend the state finance law, in relation to payments, transfers and deposits; to amend the state finance law, in relation to the period for which appropriations can be made; to amend chapter 60 of the laws of 2015, providing for the administration of certain funds and accounts related to the 2015-16 budget, in relation to certain transfers and to the effectiveness of certain provisions thereof; 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 issuance of bonds; to amend the public authorities law, in relation to the dormitory authority; to amend chapter 61 of the laws of 2005 relating to providing for the administration of certain funds and accounts related to the 2005-2006 budget, in relation to issuance of bonds by the urban development corporation; to amend the New York state urban development corporation act, in relation to the issuance of bonds; to amend the public authorities law, in relation to the state environmental infrastructure 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 implementation of a NY-CUNY challenge grant program; to amend chapter 81 of the laws of 2002, relating to 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 dormitories at certain educational institutions other than state operated institutions and statutory or contract colleges under the jurisdiction of the state university of New York; to amend the New York state medical care facilities finance agency act, in relation to bonds and mental health facilities improvement notes; 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 authorized matching capital grants; to direct the distribution of local sales tax revenue from the city of New York; and providing for the repeal of certain provisions upon expiration thereof (Part N) PURPOSE : This bill contains provisions needed to implement the Public Protection and General Government portions of the 2016-17 Executive Budget. This memorandum describes Parts A through N of the bill which are described wholly within the parts listed below. Part A - The Criminal Justice Reform Act of 2016 PURPOSE : This bill would address and improve the State's criminal justice system's response to incidents involving the deaths of persons allegedly caused by the actions of on-duty police officers. SUMMARY OF PROVISIONS AND STATEMENT IN SUPPORT : 1. Independent Special Counsel This bill would create a Governor-appointed "independent special counsel" who would be responsible for reviewing credible allegations of the use of deadly force by a police officer where such deadly physical force resulted in the death of an unarmed person where the district attorney declines to present evidence to a grand jury or where a grand jury declines to return an indictment. The independent special counsel would review the evidence and facts of the case. In those cases where the independent special counsel finds substantial errors or new evidence, he or she may recommend that the Governor appoint a special prosecutor. 2. Grand Jury Report This bill would amend CPL § 190.85 to allow the grand jury to submit a report to the court stating its findings after an investigation. 3. District Attorney Letter This bill would allow the district attorney to issue a letter to the public in lieu of a grand jury report when, as described in section one above, the district attorney elects not to present the matter to the grand jury, or when a grand jury declines to return an indictment. 4. Sharing of Evidence This bill would allow the district attorney to share the grand jury materials, including grand jury testimony, evidence, exhibits and the legal instructions, to the independent special counsel when a grand jury declines to return an indictment. The grand jury materials shall remain secret except that the independent special counsel may disclose the materials to the Governor and the Governor's staff as a part of his or her recommendation. 5. Special Prosecutor When the district attorney elects not to present the matter to the grand jury, or when a grand jury declines to return an indictment, the Governor will have the authority to appoint a special prosecutor to investigate the allegations and where appropriate, prosecute the case. 6. Change of Venue This bill would allow any party aggrieved by an order of the appellate division denying a motion to change venue to seek leave to appeal from such order to the court of appeals. The bill would also create an expedited process directly to the Court of Appeals for doing so. 7. Unlawful Disclosure This bill would add the independent special counsel to the list of individuals who, upon unlawful disclosure of grand jury materials, are guilty of unlawful grand jury disclosure. 8. Statewide Use of Force Policy The bill would require law enforcement agencies statewide to adopt their own use of force policy consistent with the model use of force policy set forth by the Municipal Police and Training Council. 9. Reporting Duties for Law Enforcement Agencies This bill would require all state law enforcement agencies to annually report to the Division of Criminal Justice Services (DCJS) the number of arrests made or appearance tickets or summonses issued for offenses that do not require the taking of fingerprints. The bill would also require law enforcement agencies to report to DCJS any arrest related death which occurs during law enforcement custody or an attempt to establish custody including but not limited to deaths caused by any use of force. 10. Search Warrant The bill would require that for every application for a search warrant, the applicant must provide the judge with information about whether the search warrant had previously been submitted to that judge or any other judge. Additionally, the applicant must provide the result of the previous submission and the name or names of the judge who acted on the prior submission. BUDGET IMPLICATIONS : Enactment of this bill is necessary to implement the 2016-17 Executive Budget. EFFECTIVE DATE : This bill would take effect thirty days after enacted and shall apply only to acts that occurred on or after such effective date, except that Section 1 shall remain in effect until the expiration of the term of the fifty-sixth Governor of New York State and Section 11shall take effect on the one hundred and eightieth day after enacted. Part B - Continue provisions relating to the disposition of certain monies recovered by county district attorneys PURPOSE : This bill would continue the existing formula for distribution of certain monies recovered by county district attorneys. SUMMARY OF PROVISIONS AND STATEMENT IN SUPPORT : This bill would amend Chapter 503 of the laws of 2009, as amended by section 25 of Part B of Chapter 55 of the Laws of 2015, to extend that statute by one year. Pursuant to that law, a county district attorney in New York City may retain a portion of recoveries it makes before the filing of an accusatory instrument, and the remaining amount is distributed equally between the State and the City of New York. The existing statute will otherwise expire on March 31, 2016. Under this statute, the State has received a significant amount of unanticipated revenues as a result of recoveries made by the Manhattan District Attorney's Office from pre-indictment settlements (i.e., pursuant to deferred prosecution agreements). BUDGET IMPLICATIONS : Enactment of this bill is necessary to implement the 2016-17 Executive Budget. It will ensure that the State will receive a revenue share in the event of a recovery in 2016-17. EFFECTIVE DATE : This bill would take effect on March 31, 2016. Part C - Suspend a subsidy to a revolving loan fund from cell surcharge revenues PURPOSE : This bill would change the required use of cellular surcharge revenues by suspending the annual transfer of $1.5 million from the Public Safety Communications Account to the Emergency Services Revolving Loan Fund for two fiscal years. SUMMARY OF PROVISIONS AND STATEMENT IN SUPPORT : This bill would amend Section 186-f of the Tax Law to suspend an annual transfer of $1.5 million from the Public Safety Communications Account to the Emergency Services Revolving Loan Fund for two fiscal years. This transfer was previously suspended for 2014-15 and 2015-16 by Section 1 of Part D of Chapter 55 of the laws of 2014. The Emergency Services Revolving Loan Fund is a means to assist local governments, fire districts and not-for-profit fire/ambulance corporations in financing emergency response equipment, such as firefighter apparatus, fire engines and ambulances, and construction costs related to the housing of such equipment. Since it is structured as a revolving loan fund (i.e., payments of principal and interest are deposited into the fund) and presently there is a robust balance of approximately $12.7 million, eliminating the annual transfer from the Public Safety Communications Account should not diminish the ability of Revolving Loan Fund's administrators to make new loans. Annual spending out of the fund is approximately $2.5 million while annual loan repayments average approximately $3 million. BUDGET IMPLICATIONS : Enactment of this bill is necessary to implement the 2016-17 Executive Budget. It will ensure that the Public Safety Communications Account has sufficient funds to support other statutorily authorized purposes, including interoperable communication grants to counties. EFFECTIVE DATE : This bill would take effect immediately upon enactment. Part D - Enhancing the State's counter-terrorism intelligence gathering and analysis operations through the realignment of resources PURPOSE : This bill would transfer the Intelligence and Analysis Unit within the Office of Counterterrorism in the Division of Homeland Security and Emergency Services (DHSES) to the Division of State Police (State Police). SUMMARY OF PROVISIONS AND STATEMENT IN SUPPORT : This bill would effectuate the transfer of the Intelligence and Analysis Unit staff within DHSES's Office of Counterterrorism to State Police and amend applicable sections of Executive Law to remove the functions and responsibilities of this unit from DHSES. The consolidation of these key intelligence staff under one command structure within the State Police will vastly improve the efficiency of the New York State Intelligence Center in the monitoring of emerging threats and the identification of likely targets. This realignment is in response to forthcoming preliminary recommendations following the Governor's request of former New York City Police Department Commissioner Ray Kelly to audit the State's existing counter-terrorism preparedness and prevention efforts. BUDGET IMPLICATIONS : Enactment of this bill is necessary to implement the 2016-17 Executive Budget. EFFECTIVE DATE : This bill would take effect immediately. Part E - Extend the tuition benefit program for members of the New York Army and Air National Guard and the Naval Militia that would otherwise sunset PURPOSE : This bill would extend the Recruitment Incentive and Retention Program (RIRP) that would otherwise sunset in 2016. SUMMARY OF PROVISIONS AND STATEMENT IN SUPPORT : This bill would extend Chapter 268 of the laws of 1996, as amended by Part A of Chapter 57 of the Laws of 2011, for five years. The RIRP program provides a direct payment of college tuition for an eligible service member matriculated and enrolled at least half-time (minimum of two courses per semester) at a two or four-year college or university in New York State, up to the amount of tuition charged by a college or university in the State University of New York system. For the past several fiscal years, an average of $1.5 million in tuition benefits have been provided annually to eligible applicants. Continuation of the program will aid in recruitment and retention efforts to achieve planned strength levels for the New York National Guard and Naval Militia. The State's readiness to respond to emergencies will be enhanced by achieving and maintaining appropriate National Guard and Militia strength levels. BUDGET IMPLICATIONS : Enactment of this bill is necessary to implement the 2016-17 Executive Budget as authorization to continue the tuition benefit program is needed to meet certain Financial Plan projections. EFFECTIVE DATE : This bill would take effect immediately upon enactment. Part F - Making the Procurement Stewardship Act and the Procurement Lobbying Law permanent PURPOSE : This bill would amend State Finance Law sections 163, 139-j, and 139-k by eliminating the expiration dates and making such sections permanent. SUMMARY OF PROVISIONS AND STATEMENT IN SUPPORT : The sunset date attached to State Finance Law section 163 is deleted and the section is made permanent. The sunset date attached to State Finance Law sections 139-j and 139-k is deleted and the sections are made permanent. Section 163 provides the statutory standards for State agency procurement of commodities, services, and technology. These standards require that contracts for commodities be awarded on the basis of lowest price, contracts for services be awarded on the basis of best value, and awards be made to responsible and responsive bidders. Sections 139-j and 139-k provide requirements for procurement lobbying and recording of contacts relative to influencing a procurement. These sections ensure the public procurement process remains competitive, open, and transparent. The above provisions were originally enacted with sunset dates, which have been extended a number of times. This bill would delete the expiration dates to make the provisions permanent. Section 163 was first enacted in 1995, and Sections 139-j and 139-k were first enacted in 2005. Sufficient time has now passed to demonstrate their usefulness, and the vendor community and contracting agencies have become familiar with following the requirements of the laws. Moreover, at a Roundtable to solicit comments on the two laws, hosted by the New York State Office of General Services on December 17, 2015, a number of vendors and contracting agencies recommended that the laws be made permanent, noting that the possibility of expiration creates disruption and uncertainty in State procurements. BUDGET IMPLICATIONS : Enactment of this bill is necessary to implement the 2016-17 Executive Budget because it provides for cost effective processes for State agencies to procure commodities, services, and technology. EFFECTIVE DATE : This bill would take effect immediately and shall be deemed to have been in full force and effect on and after April 1, 2016. Part G - Enact Workers' Compensation Reform PURPOSE : This bill amends various provisions of the Workers' Compensation Law (WCL), the Public Authorities Law (PAL) and the Insurance Law to streamline the workers' compensation system to better protect workers, reduce administrative overhead, and lower costs to employers. SUMMARY OF PROVISIONS AND STATEMENT IN SUPPORT : New York's Workers' Compensation Program delivers medical and lost wage benefits to many thousands of injured workers. This process, which has grown to a system of over $7 billion, is complicated and cumbersome, delaying claim settlements and payment, and increasing costs to employers. The bill would include, among other specific provisions: *Continuing support for the World Trade Center Volunteer Fund; *Creating a new pooling agreement freeing employers' committed reserves; *Redesigning current operations to ensure the system will provide more timely and appropriate medical and wage replacement benefits to workers; *Providing broader and more accessible options for medical care by expanding the list of eligible providers; *Making hearings more accessible through flexible scheduling and use of virtual hearings; and *Streamlining Workers' Compensation Board processes and administration to expedite decision making. BUDGET IMPLICATIONS : Enactment of this bill is necessary to implement the FY 2016-17 Executive Budget. EFFECTIVE DATE : This bill would take effect immediately with the exception of the amendments to WCL § 50, which take effect January 1, 2017. Part H - Establish Paid Family Leave PURPOSE : This bill would authorize Paid Family Leave (PFL) to allow employees to bond with an infant or newly-adopted child or to care for a seriously-ill family member. SUMMARY OF PROVISIONS AND STATEMENT IN SUPPORT : Federal law currently provides for unpaid family leave, which can create a dilemma for those caught between the need to care for a sick relative or newborn and the pressure to return to work and earn money. Moreover, Federal unpaid family leave only covers approximately 60 percent of all workers. This bill would establish a comprehensive statewide PFL program providing: *Employees up to 12 weeks of PFL on an annual basis to bond with an infant or newly adopted child or to care for a seriously-ill family member. All private employees would be covered and State and local government employers would be able to opt-in to coverage through collective bargaining or other agreements; *Job protections and protection against retaliatory actions; and *A phase-in of PFL benefits over four years, beginning in 2018, when employees would be eligible to receive 35 percent of their average weekly wage to a maximum benefit of 35 percent of the State's average weekly wage. The PFL benefit would be fully phased-in by 2021, as follows: o In 2019, the effective rates increase to 40 percent; o In 2020, to 45 percent; and o In 2021, to 50 percent. Costs to support the PFL program would be established as follows: *Premiums for PFL policies would be supported through a minimal payroll deduction on all covered employees; and *PFL coverage will be provided by insurance carriers, the State Insurance Fund (SIF), or self-insured employers. In order to limit premium volatility, the Superintendent of Financial Services will determine whether coverage provided by carriers and SIF will be experience rated or community rated. Finally, this bill sets forth a dispute resolution process. BUDGET IMPLICATIONS : Enactment of this bill is necessary to implement the FY 2016-17 Executive Budget. EFFECTIVE DATE : This bill would take effect on April 1, 2016. Part I - This bill would establish the New York State Design and Construction Corporation Act PURPOSE : This bill would establish the New York State Design and Construction Corporation Act (Act). The Act would create the New York State Design and Construction Corporation (NYSDCC) as a subsidiary of the Dormitory Authority of the State of New York (DASNY). SUMMARY OF PROVISIONS AND STATEMENT IN SUPPORT : The Act would amend Public Authorities Law by creating a new section 1678-A to establish NYSDCC as a subsidiary of DASNY. NYSDCC would provide additional project management expertise and oversight on significant public works projects undertaken by state agencies, departments, public authorities, and public benefit corporations. The bill would establish a $50 million project threshold, applicable to projects advertised or procured after January 1, 2016. The bill also sets forth the respective responsibilities of state-related entities as well as the scope of NYSDCC's authority and oversight necessary to accomplish the purposes of the Act. The bill further provides for inclusion of relevant provisions of the Act in proposal or bid documents and outlines the general powers and duties of NYSDCC. BUDGET IMPLICATIONS : Enactment of this bill is necessary to implement the 2016-17 Executive Budget because the Act would provide a structure to leverage expertise in design, construction, and project oversight for large-scale public works projects to optimize efficiency, cost and quality. EFFECTIVE DATE : This bill would take effect immediately. Part J - Implement differential premiums for future New York State Health Insurance Plan retirees based on years of service PURPOSE : This bill would fund retiree health insurance coverage on a graduated basis for State employees retiring after October 1, 2016. Currently, an employee retiring with 30 years of service pays the same for their health insurance coverage as an employee who retires with 10 years of service. Under this proposal, comparable to the calculation for pension benefits, new retirees would pay differentiated premiums based on years of service. SUMMARY OF PROVISIONS AND STATEMENT IN SUPPORT : Over the next three fiscal years, New York State Health Insurance Plan (NYSHIP) costs for retirees are projected to increase by 14.4%, from $1.27 billion to $1.45 billion. This is well beyond the benchmark growth rate of 2% per year, and challenges the State's ability to remain economically competitive. Currently, the State reimburses a retiree for their health insurance costs at the same rate regardless of whether the retiree has 10 years of State service or 30 or more years of service. For State retirees with at least 10 years of service at or equated to Grade 10 or higher, the State pays 84 percent of the cost of Individual Coverage and 69 percent of the cost of Dependent Coverage - the employee pays 16 percent and 31 percent, respectively. Additionally, for retirees with at least 10 years of service at or equated to Grade 9 or lower, the State pays 88 percent of the cost of Individual Coverage and 73 percent of the cost of Dependent Coverage - the employee pays 12 percent and 27 percent, respectively. Under this bill, civilian State employees retiring on or after October 1, 2016 with less than 30 years of service would have to contribute a greater share of their health insurance costs. Costs would be proportionately greater for an individual with 10 years of service, and gradually decrease with each additional year of service until the 30-year mark where costs would be at the current levels outlined above. This bill would add a new subdivision 10 to section 167 of the Civil Service Law with seven (7) new paragraphs. *Paragraph (a) provides the State's share of Individual Coverage for State employees who retire from a position at or equated to grade 10 or higher: o The State shall pay 50 percent of the cost of Individual Coverage for such employees who have retired with at least 10 years of service. For such employees who have retired with at least 10 years of service but less than 20 years of service, the State's share shall increase by two percent of the cost of Individual Coverage for each year of service in excess of 10 years, to a maximum of 68 percent of the cost of Individual Coverage. o The State shall pay 74 percent of the cost of Individual Coverage for such employees who have retired with at least 20 years of service. The State's share shall increase by one percent of the cost of Individual Coverage for each year of service in excess of 20 years, to a maximum of 84 percent of the cost of Individual Coverage. *Paragraph (b) provides the State's share of Individual Coverage for State employees who retire from a position at or equated to grade 9 or lower: o The State shall pay 54 percent of the cost of Individual Coverage for such employees who have retired with at least 10 years of service. For such employees who have retired with at least 10 years of service but less than 20 years of service, the State's share shall increase by two percent of the cost of Individual Coverage for each year of service in excess of 10 years to a maximum of 72 percent of the cost of Individual Coverage. o The State shall pay 78 percent of the cost of Individual Coverage for such employees who have retired with at least 20 years of service. The State's share shall increase by one percent of the cost of Individual Coverage for each year of service in excess of 20 years, to a maximum of 88 percent of the cost of Individual Coverage. *Paragraph (c) provides the State's share of Dependent Coverage for State employees who retire from a position at or equated to grade 10 or higher: o The State shall pay 35 percent of the cost of Dependent Coverage for such employees who have retired with at least 10 years of service. For such employees who have retired with at least 10 years of service but less than 20 years of service, the State's share shall increase by two percent of the cost of Dependent Coverage for each year of service in excess of 10 years, to a maximum of 53 percent of the cost of Dependent Coverage. o The State shall pay 59 percent of the cost of Dependent Coverage for such employees who have retired with at least 20 years of service. The State's share shall increase by one percent of the cost of Dependent Coverage for each year of service in excess of 20 years, to a maximum of 69 percent of the cost of Dependent Coverage. *Paragraph (d) provides the State's share of Dependent Coverage for State employees who retire from a position at or equated to grade 9 or lower: o The State shall pay 39 percent of the cost of Dependent Coverage for such employees who have retired with at least 10 years of service. For such employees who have retired with at least 10 years of service but less than 20 years of service, the State's share shall increase by two (2) percent of the cost of Dependent Coverage for each year of service in excess of 10 years, to a maximum of 57 percent of the cost of Dependent Coverage. o The State shall pay 63 percent of the cost of Dependent Coverage for such employees who have retired with at least 20 years of service. The State's share shall increase by one percent of the cost of Dependent Coverage for each year of service in excess of 20 years, to a maximum of 73 percent of the cost of Dependent Coverage. *Paragraph (e) provides that each increment of one or two percent of the cost of premium or subscription charges for each year of service shall be applicable for whole years of service to the State and shall not be applied on a pro-rata basis for partial years of service. *Paragraph (f) provides that this bill shall not be applicable to: o Members of the New York State and Local Police and Fire Retirement System; o Members in the uniformed personnel in institutions under the jurisdiction of the Department of Corrections and Community supervision or who are security hospital treatment assistants, as defined in section eighty-nine of retirement and social security law; and o Any state employee determined to have retired with an ordinary, accidental, or performance of duty disability retirement benefit. *Paragraph (g) provides that for the purpose of determining the premium or subscription charges, the State shall consider all years of service that a retired State employee has accrued in a public retirement system or an optional retirement program. BUDGET IMPLICATIONS : In FY 2017, implementation of this proposal is projected to reduce NYSHIP costs by $3 million and impact 2,815 retirees and dependents. By FY 2020, the annual savings is projected at $24.5 million and 20,597 retirees and dependents would be impacted. EFFECTIVE DATE : This bill would take effect October 1, 2016. Those retiring on or after October 1, 2016 with less than 30 years of service would be impacted by this proposal Part K - Cap reimbursement of the Medicare Part B standard premium for new State retirees and cease reimbursement for the Income Related Monthly Adjustment Amounts for high income State retirees in the New York State Health Insurance Program PURPOSE : This bill would offset ever-increasing retiree health insurance costs by: maintaining reimbursement for the standard Medicare Part B premium at the current level; and eliminating reimbursement of the supplemental Income Related Monthly Adjustment Amounts (IRMAA) premium paid by higher-income retirees. SUMMARY OF PROVISIONS AND STATEMENT IN SUPPORT : Over the next three fiscal years, New York State Health Insurance Plan (NYSHIP) costs for retirees are projected to increase by 14.4%, from $1.27 billion to $1.45 billion. This is well beyond the benchmark growth rate of 2% per year, and challenges the State's ability to remain economically competitive. Reasonable actions are necessary to control this spending growth. New York is only one of two other states (Hawaii and California) that provide full reimbursement of the Medicare Part B standard premium ($104.90 per month) to all eligible retirees and their dependents. Under this proposal, New York would continue to reimburse the standard premium for new and existing retirees ($104.90 per month), but would not provide reimbursement for an unfunded federal Cost of Living Adjustment imposed on new retirees ($17 per month). Additionally, only one other state (Hawaii) provides full reimbursement of the supplemental IRMAA premium to all higher-income retirees and their dependents. The federal government imposed this premium in 2007 to require higher-income retirees to pay more of the increasing Medicare costs, so it is inappropriate that New York taxpayers reimburse this premium in the context of its own spending growth for retiree health insurance. This annual subsidy ranges from $584 for retirees with Adjusted Gross Income (AGI) between $85,000 and $107,000, to $3,216 for retirees with AGI above $214,000. This bill would amend section 167-a of the Civil Service Law to provide that, effective October 1, 2016, State reimbursement to eligible enrollees, retirees and their dependents for the standard premium shall not exceed $104.90 per month and to cease State reimbursement of the IRMAA for amounts or premiums incurred on or after January 1, 2016. BUDGET IMPLICATIONS : In FY 2017, this proposal is projected to save $7.2 million: $6.2 million is associated with ceasing reimbursement of the IRMAA premium to an estimated 5,352 retirees and dependents; and $942,000 is associated with capping the standard premium of an estimated 4,647 retirees and dependents. By FY 2020 the annual savings is projected at $16.6 million: $9.7 million for the 8,148 retirees and dependents associated with IRMAA, and $6.9 million for the 34,016 retirees and dependents associated with capping the standard premium. EFFECTIVE DATE : This bill would take effect immediately and shall be deemed to have been in full force and effect on and after October 1, 2016 for the standard Medicare premium amount and January 1, 2016 for the income related monthly adjustment amount for amounts or premiums incurred on or after January 1, 2016. Part L - Extend binding arbitration, including provisions for fiscally eligible municipalities, for three years PURPOSE : This bill would extend binding arbitration, including the provisions for fiscally eligible municipalities, until July 1, 2019. SUMMARY OF PROVISIONS AND STATEMENT IN SUPPORT : When public employers and certain unions (primarily those that represent police, fire and other "uniform" employees) are at an impasse in their contractual negotiations, current law provides for a binding arbitration process to make awards and settle the dispute. For arbitration involving a fiscally eligible municipality, the binding arbitration panel must weigh the municipality's "ability to pay" for the terms of the new contract at 70 percent and consider the limitations of the property tax cap. This bill would extend the sunset of binding arbitration, including the provisions for fiscally eligible municipalities, from July 1, 2016 to July 1, 2019. BUDGET IMPLICATIONS : Enactment of this bill is necessary to implement the 2016-17 Executive Budget because current provisions governing interest arbitration are set to expire within the upcoming State fiscal year. Further, the additional consideration provided to fiscally eligible municipalities will help ensure that their ability to pay and the limitations of the property tax cap are sufficiently considered. EFFECTIVE DATE : This bill would take effect immediately. Part M - Amends the Dedicated Infrastructure Investment Fund PURPOSE : This bill would amend the Dedicated Infrastructure Investment Fund (DIIF) to allow for the transfer of funds subsequent to FY 2016. SUMMARY OF PROVISIONS AND STATEMENT IN SUPPORT : The DIIF was created by Part H of Chapter 60 of the Laws of 2015 and is funded with a transfer from the State General Fund. Monies in the DIIF are subsequently used for capital works and purposes as prescribed in statue. Furthermore, in certain circumstances, as promulgated in statute, funds may be returned to the State General Fund. Existing statute allows for the State Comptroller to effectuate the aforementioned transfer of funds up to March 31, 2015. This technical correction would allow for funds to be transferred in subsequent State fiscal years as well. BUDGET IMPLICATIONS : Enactment of this bill is necessary to implement the 2016-17 Executive Budget. This amendment would allow for the transfer of funds from the General Fund to the DIIF subsequent to March 31, 2015. EFFECTIVE DATE : This bill would take effect immediately. Part N - Authorization for transfers, temporary loans, and amendments to miscellaneous capital/debt provisions, including bond caps PURPOSE : This bill would provide the statutory authorization necessary for the administration of funds and accounts included in the fiscal year 2016-17 Executive Budget, and propose certain modifications to improve the State's General Fund position in the upcoming fiscal year. Specifically, it would: (1) authorize temporary loans and the deposits of certain revenues to specific funds and accounts, (2) authorize the transfers and deposits of funds to and across various accounts, (3) extend various provisions of Chapter 60 of the Laws of 2015 in relation to capital projects and certain certifications, and (4) modify various debt and bond provisions necessary to implement the budget. SUMMARY OF PROVISIONS AND STATEMENT IN SUPPORT : This bill is necessary to execute a balanced Financial Plan in accordance with the 201617 Executive Budget. Similar legislation is enacted annually to authorize the transfer of funds budgeted in the Financial Plan (that do not have permanent statutory authorization) and to provide for other transactions necessary to effectuate the provisions of the budget. The bill includes the following provisions: *Section 1 of this bill would authorize the Comptroller to make temporary loans to specific State funds and accounts during fiscal year 2016-17. *Section 1-a of this bill would authorize the Comptroller to make temporary loans to accounts within specific Federal funds during fiscal year 2016-17. *Sections 2 and 3 of this bill would authorize the Comptroller to make transfers between designated funds and accounts. *Section 4 of this bill would authorize the Comptroller to deposit funds into the Banking Services Account. *Section 5 of this bill would authorize the Dormitory Authority of the State of New York (DASNY), at the direction of the Director of the Division of Budget (DOB) and upon request by the State University of New York (SUNY), to transfer up to $22 million to SUNY for bondable equipment costs, which in turn would be re-paid to the General Fund. *Section 6 of this bill would authorize the Comptroller, at the request of the Director of DOB and upon consultation with the SUNY Chancellor, to transfer up to $16 million to the General Fund for debt service costs related to capital project costs for the NY-SUNY 2020 Challenge Grant program at the University at Buffalo. *Section 7 of this bill would authorize the Comptroller, at the request of the Director of DOB and upon consultation with the SUNY Chancellor, to transfer up to $6.5 million to the General Fund for debt service costs related to capital project costs for the NY-SUNY 2020 Challenge Grant program at the University at Albany. *Section 8 of this bill would authorize the SUNY Chancellor to transfer the estimated tuition revenue balances from ,the State University Collection Fund to the State University Fund, State University General Revenue Offset Account. *Section 9 of this bill would authorize the Comptroller, at the request of the Director of DOB, to transfer up to $69.3 million from the General Fund to the State University Income Fund, State University Hospitals Income Reimbursement Account. *Section 10 of this bill would authorize the Comptroller to transfer up to $996.8 million from the General Fund to the State University Income Fund, State University General Revenue Offset Account during the period of July 1, 2016 through June 30, 2017. *Section 11 of this bill would authorize the Comptroller to transfer up to $55 million from the State University Income Fund, State University Hospitals Income Reimbursable and Long Island Veterans' Home accounts, to the State University Capital Projects Fund. *Section 12 of this bill would authorize the Comptroller, after consultation with the SUNY Chancellor, to transfer monies from the State University Collection and the State University Income funds to the State University Income Fund, State University Hospitals Income Reimbursable Account, in the event that insufficient funds are available to permit the full transfer of moneys authorized for transfer to the General Fund for SUNY Hospitals' debt service. *Section 13 of this bill would authorize the Comptroller, at the direction of the Director of DOB and the SUNY Chancellor, to transfer up to $80 million between the State University Dormitory Income Fund and the State University Residence Hall Rehabilitation Fund. *Section 14 of this bill would authorize the Comptroller, at the request of the Director of DOB, to transfer up to $350 million between the following accounts, in any combination: the Miscellaneous Special Revenue Fund, Patient Income Account; the Miscellaneous Special Revenue Fund, Mental Hygiene Program Fund Account; the Miscellaneous Special Revenue Fund, Federal Salary Sharing Account; and the General Fund. *Section 15 of this bill would authorize the Comptroller, at the request of the Director of DOB, to transfer up to $750 million from the unencumbered balance of any Special Revenue Fund or Account, Agency Fund or Account, Internal Services Fund or Account, or Enterprise Fund or Account, or any combination thereof (excluding Federal funds, or any fund in which the eligibility for Federal benefits would be impacted), to the General Fund. *Section 16 of this bill would authorize the Comptroller, at the request of the Director of DOB, to transfer up to $100 million from any non-general fund or account, or combination thereof (excluding funds in which the eligibility for Federal benefits would be impacted), to the Technology Financing Account or the Miscellaneous Capital Projects Fund, Information Technology Capital Financing Account, for the consolidation of costs related to technology services. *Section 17 of this bill would authorize the Comptroller, at the request of the Director of DOB, to transfer up to $350 million from any non-general fund or account, or combination thereof (excluding funds in which the eligibility for Federal benefits would be impacted), to the General Fund as reimbursement for costs related to technology services. *Section 18 of this bill would authorize the transfer of up to $20 million from the Power Authority of the State of New York to the credit of the General Fund to support energy-related state activities. *Section 19 of this bill would authorize the transfer of up to $23 million from the New York State Energy Research and Development Authority from the auction or sale of carbon dioxide emission allowances to the credit of the General Fund, on or before March 31, 2017. *Section 20 of this bill would authorize the transfer of up to $15 million from the proceeds collected by the New York State Energy Research Development Authority from the auction or sale of carbon dioxide emission allowances to the State University Fund, State University General Revenue Offset Account. *Section 21 of this bill would amend State Finance Law (SFL) § 97-rrr to allow the State Comptroller to deposit up to $3.2 Billion into the School Tax Relief Fund. *Section 22 of this bill would authorize the Comptroller to transfer to the General Fund funding from the Correctional Facilities Capital Improvement Fund. *Section 23 of this bill would amend Section 47 of Part I of Chapter 60 of the laws of 2015 to exclude the General Fund transfer to the Dedicated Infrastructure Investment Fund from the expiration date cited in that section, authorizing the transfer up to and after March 31, 2016. *Section 24 of this bill would amend SFL § 4(6) to authorize the Comptroller to receive moneys for deposit to funds and accounts as identified by the Director of the Budget. *Section 25 of this bill would amend SFL § 40(4) to permit payment of prior years' liabilities. *Section 26 of this bill would amend SFL § 92-cc(3) to correct the technical definition of the index of business cycle indicators used to define an Economic Downturn for purposes of the State's Rainy Day Reserve Fund. *Section 27 of this bill would amend SFL § 93-b to correct the technical definition of the index of business cycle indicators used to define an Economic Downturn for purposes of the Dedicated Infrastructure Investment Fund. *Section 28 would continue the authorization to use any balance remaining in the debt service appropriation for Mental Hygiene facilities to make rebates necessary to protect the tax-exempt status of the bonds. *Section 29 of this bill would increase the bond cap for financing information technology from $269.14 million to $364.84 million. *Section 30 of this bill would increase the bond cap for financing correctional facilities from $7.163 billion to $7.425 billion. *Section 31 of this bill would increase the bond cap for financing housing programs from $3.154 billion to $4.697 billion. *Section 32 of this bill would increase the bond cap for financing local highway projects from $8.659 billion to $9.147 billion. *Section 33 of this bill would increase the bond cap for financing library facilities from $140 million to $154 million. *Section 34 of this bill would increase the bond cap for financing state police capital projects from $155.6 million to $167.6 million. *Section 35 of this bill would amend the bond cap for financing economic development projects to include projects for a commercialization center in Chautauqua County, an industrial scale research and development facility in Clinton county, upstate revitalization initiative projects, and market New York projects. Additionally, the bond cap would increase from $2.888 billion to $3.653 billion. *Section 36 of this bill would increase the bond cap for financing environmental infrastructure projects from $1.776 billion to $2.008 billion. *Section 37 of this bill would increase the bond cap for financing the NY-SUNY and NY-CUNY 2020 challenge grant program from $440 million to $550 million. *Section 38 of this bill would increase the bond cap for financing improvements to State office buildings and other facilities from $469.8 million to $509.6 million. *Section 39 of this bill would increase the bond cap for financing transportation initiatives from $1.69 billion to $2.725 billion. *Section 40 of this bill would increase the bond cap for financing SUNY educational facilities from $11.23 billion to $11.6 billion. *Section 41 of this bill would increase the bond cap for financing City University of New York senior and community colleges from $7.39 billion to $7.55 billion. *Section 42 of this bill would increase the bond cap for financing SUNY community colleges from $838 million to $861 million. *Section 43 of this bill would increase the bond cap for financing youth facilities from $611.2 million to $647.1 million. *Section 44 of this bill would increase the bond cap for financing mental health services facilities improvement from $7.723 billion to $8.021 billion. *Section 45 of this bill would increase the bond cap for financing higher education capital matching grants from $210 million to $240 million. *Section 46 of this bill would permit the State to realize refunding savings on debt funded with State resources. In 2004, the Sales Tax Asset Receivable Corporation (STARC) issued $2.5 billion in debt to refinance certain obligations related to the New York City fiscal crisis. The STARC bonds are secured by $170 million in State sales tax paid to NYC as local aid, which the City has assigned to STARC bondholders. In October 2014, STARC refunded the outstanding debt, generating about $650 million in debt service savings that, due to structuring provisions, accrued to New York City. Given the unique structure of the bonds, the State will realize the savings it is due over the next three state fiscal years through the adjustment of sales tax receipts otherwise payable to New York City. All of the sections of this bill, with the exception of item 5 of the miscellaneous schedule of section two, would become permanent upon enactment except for sections one through eight and twelve through twenty, which would all expire on March 31, 2017. BUDGET IMPLICATIONS : Enactment of this bill would be necessary to implement the 2016-17 Executive Budget, including the transfer of funds budgeted in the financial plan and the provision of temporary loans from the State Treasury for cash flow purposes. This bill is also necessary to reimburse projected Capital Projects Fund spending with the proceeds of bonds sold by public authorities, to ensure the continued borrowing necessary for certain State-supported debt issuances to implement the budget, and to permit the State to carry out basic administrative functions. EFFECTIVE DATE : This bill would take effect April 1, 2016. The provisions of this act shall take effect immediately, provided, however, that the applicable effective date of each part of this act shall be as specifically set forth in the last section of such part.
2015-S6405 - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ S. 6405 A. 9005 S E N A T E - A S S E M B L Y January 14, 2016 ___________ IN SENATE -- A BUDGET BILL, submitted by the Governor pursuant to arti- cle seven of the Constitution -- read twice and ordered printed, and when printed to be committed to the Committee on Finance IN ASSEMBLY -- A BUDGET BILL, submitted by the Governor pursuant to article seven of the Constitution -- read once and referred to the Committee on Ways and Means AN ACT to amend the executive law, in relation to the appointment of an independent special counsel to review matters involving the use of deadly physical force by a police officer; to amend the criminal procedure law, in relation to grand jury reports and proceedings, the district attorney's letter and leave to appeal; to amend the county law, in relation to the appointment of a special district attorney; to amend the penal law, in relation to unlawful grand jury disclosure; to amend the executive law, in relation to establishing a model law enforcement use of force policy and to reporting duties of law enforcement departments with respect to enforcement of certain violations and misdemeanors; and to amend the criminal procedure law, in relation to the contents of an application for a search warrant (Part A); to amend 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, in relation to the effective- ness thereof (Part B); to amend the tax law, in relation to suspending the transfer of monies into the emergency services revolving loan fund from the public safety communications account (Part C); to amend the executive law in relation to transferring certain functions to the division of state police from the division of homeland security and emergency services (Part D); to amend chapter 268 of the laws of 1996, amending the education law and the state finance law relating to providing a recruitment incentive and retention program for certain active members of the New York army national guard, New York air national guard, and New York naval militia, in relation to the effec- tiveness of such chapter (Part E); to amend chapter 83 of the laws of 1995 amending the state finance law and other laws relating to bonds, notes, and revenues, in relation to making certain provisions perma- nent; and to amend chapter 1 of the laws of 2005 amending the state finance law relating to restricting contacts in the procurement proc- EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted. LBD12670-01-6 S. 6405 2 A. 9005 ess and the recording of contacts relating thereto, in relation to making certain provisions permanent (Part F); to amend the workers' compensation law, in relation to the authorization of certain provid- ers, the computation of average weekly wages basis of compensation, penalties of the workers' compensation board, an assumption of work- ers' compensation liability insurance policy and fund for reopened cases financing agreement, the authority to issue aggregate penalties, deposits into the aggregate trust fund, the pooled individual self-in- sured employer fund, workers' compensation board, workers' compen- sation board's designation to review appeals or any review of any orders, authorizations of assessments for annual expenses, payment of claims of affected World Trade Center volunteers and to allow public group self-insured employers to offer alternative coverage; to amend the public authorities law, in relation to the assumption of workers' compensation liability insurance policy, and the dormitory authority's authority to issue bonds to reduce assessments imposed on self-insured employers; to amend the insurance law, in relation to large deductible programs; and to repeal certain provisions of the public authorities law relating thereto (Part G); to amend the workers' compensation law and the insurance law, in relation to provide paid family leave bene- fits; and to repeal sections 223 and 224 of the workers' compensation law, relating to disability benefits (Part H); to amend the public authorities law, in relation to establishing the New York State Design and Construction Corporation act (Part I); to amend the civil service law, in relation to the state's contribution to the cost of health insurance premiums for retirees of the state and their dependents (Part J); to amend the civil service law, in relation to the reimbursement of medicare premium charges (Part K); to amend the civil service law, in relation to the expiration of public arbitration panels (Part L); to amend the state finance law, in relation to the dedicated infrastructure investment fund (Part M); and to provide for the administration of certain funds and accounts related to the 2016- 17 budget, authorizing certain payments and transfers; to amend the state finance law, in relation to the rainy day reserve fund, the dedicated infrastructure investment fund infrastructure investment account, and the school tax relief fund; to amend the state finance law, in relation to payments, transfers and deposits; to amend the state finance law, in relation to the period for which appropriations can be made; to amend chapter 60 of the laws of 2015, providing for the administration of certain funds and accounts related to the 2015- 16 budget, in relation to certain transfers and to the effectiveness of certain provisions thereof; 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 issu- ance 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 issuance of bonds; to amend the public author- ities law, in relation to the dormitory authority; to amend chapter 61 of the laws of 2005 relating to providing for the administration of certain funds and accounts related to the 2005-2006 budget, in relation to issuance of bonds by the urban development corporation; to S. 6405 3 A. 9005 amend the New York state urban development corporation act, in relation to the issuance of bonds; to amend the public authorities law, in relation to the state environmental infrastructure 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 implementation of a NY-CUNY chal- lenge grant program; to amend chapter 81 of the laws of 2002, relating to providing for the administration of certain funds and accounts related to the 2002-2003 budget, in relation to increasing the aggre- gate amount of bonds to be issued by the New York state urban develop- ment 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 dormitories at certain educational institutions other than state operated insti- tutions and statutory or contract colleges under the jurisdiction of the state university of New York; 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 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 authorized matching capital grants; to direct the distribution of local sales tax revenue from the city of New York; and providing for the repeal of certain provisions upon expiration thereof (Part N) 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 2016-2017 state fiscal year. Each component is wholly contained within a Part identified as Parts A through N. 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. The executive law is amended by adding a new section 6-a to read as follows: S 6-A. INDEPENDENT SPECIAL COUNSEL. 1. THE GOVERNOR MAY APPOINT AN INDEPENDENT SPECIAL COUNSEL TO REVIEW ANY MATTER INVOLVING CREDIBLE ALLEGATIONS OF THE USE OF DEADLY PHYSICAL FORCE BY A POLICE OFFICER AS DEFINED IN SUBDIVISION THIRTY-FOUR OF SECTION 1.20 OF THE CRIMINAL PROCEDURE LAW OR A PEACE OFFICER AS DEFINED IN SUBDIVISION THIRTY-THREE OF SECTION 1.20 OF THE CRIMINAL PROCEDURE LAW, ACTING WITHIN HIS OR HER OFFICIAL POWERS, DUTIES, FUNCTIONS, OR CAPACITY, AND WHERE SUCH DEADLY PHYSICAL FORCE RESULTED IN THE DEATH OF AN UNARMED PERSON, AND (A) AFTER A REVIEW OF THE FACTS OF THE CASE, THE DISTRICT ATTORNEY DECLINES TO PRESENT EVIDENCE TO A GRAND JURY REGARDING SUCH FATALITY; OR S. 6405 4 A. 9005 (B) AFTER PRESENTATION OF EVIDENCE TO A GRAND JURY REGARDING SUCH FATALITY, THE GRAND JURY DECLINES TO RETURN AN INDICTMENT ON ANY CHARGES AGAINST SUCH POLICE OR PEACE OFFICER. 2. WHERE, AS DESCRIBED IN PARAGRAPH (A) OR PARAGRAPH (B) OF SUBDIVI- SION ONE OF THIS SECTION, THE DISTRICT ATTORNEY DECLINES TO PRESENT EVIDENCE TO A GRAND JURY OR PRESENTS EVIDENCE AND THE GRAND JURY DECLINES TO RETURN AN INDICTMENT, THE DISTRICT ATTORNEY SHALL, WITHIN SIXTY DAYS OF THE OCCURRENCE OF EITHER PARAGRAPH (A) OR PARAGRAPH (B) OF SUBDIVISION ONE OF THIS SECTION, BUT NO MORE THAN SIX MONTHS AFTER THE DATE OF SUCH DEATH OF SUCH UNARMED PERSON AS DESCRIBED IN SUBDIVISION ONE OF THIS SECTION, PROVIDE TO THE INDEPENDENT SPECIAL COUNSEL: (I) ALL EVIDENTIARY MATERIALS GATHERED DURING THE COURSE OF THE INVESTIGATION; (II) WHERE APPLICABLE, THE GRAND JURY MINUTES, INCLUDING THE INSTRUCTIONS TO THE GRAND JURY; (III) WHERE APPLICABLE, THE GRAND JURY EXHIBITS; AND (IV) ANY RECORDS AND ANY OTHER EVIDENCE IN THE POSSESSION, CUSTODY, AND CONTROL OF THE DISTRICT ATTORNEY, INCLUDING BUT NOT LIMITED TO POLICE REPORTS, PHOTOGRAPHS, SCIENTIFIC REPORTS, AUDIO AND VIDEO RECORDINGS, AND PHYSICAL EVIDENCE. 3. IF THE INDEPENDENT SPECIAL COUNSEL, AFTER A REVIEW OF ALL EVIDENTI- ARY AND GRAND JURY MATERIALS AS DESCRIBED IN THIS SECTION, DETERMINES THAT THERE WERE: (A) SUBSTANTIAL ERRORS OF SUCH MAGNITUDE THAT THERE EXISTS A REASONABLE PROBABILITY THAT AN INDICTMENT WOULD HAVE RESULTED BUT FOR THESE ERRORS, AND THAT THE PRESUMPTION OF REGULARITY AFFORDED TO SUCH PROCEEDINGS CAN NO LONGER APPLY; OR (B) THERE EXISTS NEWLY DISCOV- ERED EVIDENCE OF SUCH MAGNITUDE THAT THERE EXISTS A REASONABLE PROBABIL- ITY THAT HAD SUCH EVIDENCE BEEN PRESENTED TO THE GRAND JURY, AN INDICT- MENT WOULD HAVE RESULTED, THEN HE OR SHE SHALL REFER THE MATTER FOR CONSIDERATION OF APPOINTMENT OF A SPECIAL DISTRICT ATTORNEY AS PROVIDED IN SECTION SEVEN HUNDRED-ONE-A OF THE COUNTY LAW. 4. THE EVIDENTIARY AND GRAND JURY MATERIALS PROVIDED TO THE INDEPEND- ENT SPECIAL COUNSEL AS DESCRIBED IN THIS SECTION SHALL REMAIN CONFIDEN- TIAL AND SHALL NOT BE SUBJECT TO DISCLOSURE UNDER ARTICLE SIX OF THE PUBLIC OFFICERS LAW AND, FOR PURPOSES OF THIS ARTICLE, THE RELEASE OF EVIDENTIARY MATERIALS AND GRAND JURY MATERIALS BY THE DISTRICT ATTORNEY TO THE INDEPENDENT SPECIAL COUNSEL SHALL BE CONSIDERED ACTING WITHIN THE SCOPE OF THE LAWFUL DISCHARGE OF THE DISTRICT ATTORNEY'S DUTIES PURSUANT TO PARAGRAPH (A) OF SUBDIVISION FOUR OF SECTION 190.25 OF THE CRIMINAL PROCEDURE LAW, AND THEREFORE NOT UNLAWFUL DISCLOSURE UNDER SECTION 215.70 OF THE PENAL LAW. 5. FOR PURPOSES OF THIS ARTICLE AND PURSUANT TO SUBDIVISION FOUR OF SECTION 190.25 OF THE CRIMINAL PROCEDURE LAW, THE GRAND JURY MATERIALS PROVIDED TO THE INDEPENDENT SPECIAL COUNSEL SHALL REMAIN SECRET, EXCEPT THAT THE INDEPENDENT SPECIAL COUNSEL IS PERMITTED TO DISCLOSE THE EVIDENTIARY AND GRAND JURY MATERIALS TO THE GOVERNOR, OR HIS DESIGNEE AS PART OF A RECOMMENDATION MADE PURSUANT TO SUBDIVISION THREE OF THIS SECTION AND SUCH DISCLOSURE SHALL NOT BE AN UNLAWFUL GRAND JURY DISCLO- SURE UNDER SECTION 215.70 OF THE PENAL LAW. 6. EXCEPT AS OTHERWISE PROVIDED IN THIS SECTION, THE INDEPENDENT SPECIAL COUNSEL, THE GOVERNOR, AND MEMBERS OF THE GOVERNOR'S STAFF MAY NOT FURTHER DISCLOSE ANY OF THE GRAND JURY MATERIALS AS DESCRIBED IN THIS SECTION WITH THE EXCEPTION OF THE GRAND JURY INSTRUCTIONS PROVIDED TO THE GRAND JURY, UNLESS AUTHORIZED BY COURT ORDER ISSUED UPON APPLICA- TION, PURSUANT TO SUBDIVISION FOUR OF SECTION 190.25 OF THE CRIMINAL PROCEDURE LAW. FOR THE LIMITED AND EXCLUSIVE PURPOSE OF MAKING SUCH APPLICATION TO DISCLOSE GRAND JURY MATERIAL, THE INDEPENDENT SPECIAL COUNSEL SHALL BE DEEMED A "DISTRICT ATTORNEY." S. 6405 5 A. 9005 S 2. Subdivision 1 of section 190.85 of the criminal procedure law is amended by adding a new paragraph (d) to read as follows: (D) STATING ITS FINDINGS AFTER INVESTIGATION OF AN INCIDENT INVOLVING THE USE OF DEADLY PHYSICAL FORCE BY A POLICE OFFICER AS DEFINED IN SUBDIVISION THIRTY-FOUR OF SECTION 1.20 OF THE CRIMINAL PROCEDURE LAW OR A PEACE OFFICER AS DEFINED IN SUBDIVISION THIRTY-THREE OF SECTION 1.20 OF THE CRIMINAL PROCEDURE LAW, ACTING WITHIN HIS OR HER OFFICIAL POWERS, DUTIES, FUNCTIONS, OR CAPACITY, AND WHERE SUCH DEADLY PHYSICAL FORCE RESULTED IN THE DEATH OF AN UNARMED PERSON. THE REPORT CREATED PURSUANT TO THIS PARAGRAPH SHALL INCLUDE, BUT NOT BE LIMITED TO, THE CHARGES PRESENTED, THE LEGAL INSTRUCTIONS, AND A SUMMARY OF THE EVIDENCE PRESENTED, PROVIDED THAT ALL NAMES AND IDENTIFYING INFORMATION ARE REDACTED FROM SUCH REPORT. S 3. The criminal procedure law is amended by adding a new section 190.86 to read as follows: S 190.86 DISTRICT ATTORNEY LETTER. 1. AFTER AN INVESTIGATION OF AN INCIDENT INVOLVING A POLICE OFFICER AS DEFINED IN SUBDIVISION THIRTY-FOUR OF SECTION 1.20 OF THIS CHAPTER OR A PEACE OFFICER AS DEFINED IN SUBDIVISION THIRTY-THREE OF SECTION 1.20 OF THIS CHAPTER, ACTING WITHIN HIS OR HER OFFICIAL POWERS, DUTIES, FUNC- TIONS, OR CAPACITY CONCERNING ACTS THAT INCLUDE THE USE OF DEADLY PHYS- ICAL FORCE AGAINST AN UNARMED PERSON, AND SUCH ENCOUNTER RESULTED IN THE DEATH OF SUCH UNARMED PERSON, AND WHEN A GRAND JURY DECLINES TO RETURN AN INDICTMENT ON ANY CHARGES AGAINST SUCH POLICE OR PEACE OFFICER REGARDING SUCH DEATH, IN LIEU OF THE ISSUANCE OF A GRAND JURY REPORT AS SET FORTH IN PARAGRAPH (D) OF SUBDIVISION ONE OF SECTION 190.85 OF THIS ARTICLE, THE DISTRICT ATTORNEY MAY ISSUE A LETTER TO THE PUBLIC, WITH A COPY TO THE GOVERNOR, AND TO THE COMMISSIONER, CHIEF, OR THE EQUIVALENT COMMANDING OFFICER OF THE DEPARTMENT OR AGENCY EMPLOYING THE POLICE OR PEACE OFFICERS INVOLVED. IN SUCH LETTER, THE DISTRICT ATTORNEY MAY EXPLAIN THE FACTS OF THE CASE AND MAY ALSO MAKE RECOMMENDATIONS BASED UPON THE RESULTS OF THE GRAND JURY'S INVESTIGATION. 2. WHEN THE DISTRICT ATTORNEY ELECTS NOT TO PRESENT SUCH A MATTER AS DESCRIBED IN SUBDIVISION ONE OF THIS SECTION TO A GRAND JURY, THE DISTRICT ATTORNEY MAY ISSUE A LETTER TO THE PUBLIC, WITH A COPY TO THE GOVERNOR, AND TO THE COMMISSIONER, CHIEF, OR THE EQUIVALENT COMMANDING OFFICER OF THE DEPARTMENT OR AGENCY EMPLOYING THE POLICE OR PEACE OFFI- CERS INVOLVED. IN SUCH LETTER, THE DISTRICT ATTORNEY MAY EXPLAIN THE FACTS OF THE CASE, THE REASONING FOR NOT PRESENTING THE CASE TO A GRAND JURY, AND MAY ALSO MAKE APPROPRIATE RECOMMENDATIONS. 3. FOR PURPOSES OF THIS ARTICLE, THE RELEASE OF SUCH A LETTER BY THE DISTRICT ATTORNEY IN LIEU OF A GRAND JURY REPORT SHALL BE CONSIDERED ACTING WITHIN THE DISTRICT ATTORNEY'S OFFICIAL DUTIES AND THEREFORE NOT UNLAWFUL DISCLOSURE UNDER SECTION 215.70 OF THE PENAL LAW. S 4. Subdivision 4 of section 190.25 of the criminal procedure law is amended by adding two new paragraphs (c) and (d) to read as follows: (C) AFTER PRESENTATION OF EVIDENCE TO A GRAND JURY INVOLVING THE USE OF DEADLY PHYSICAL FORCE BY A POLICE OFFICER AS DEFINED IN SUBDIVISION THIRTY-FOUR OF SECTION 1.20 OF THE CRIMINAL PROCEDURE LAW OR A PEACE OFFICER AS DEFINED IN SUBDIVISION THIRTY-THREE OF SECTION 1.20 OF THE CRIMINAL PROCEDURE LAW, ACTING WITHIN HIS OR HER OFFICIAL POWERS, DUTIES, FUNCTIONS, OR CAPACITY, AND WHERE SUCH DEADLY PHYSICAL FORCE RESULTED IN THE DEATH OF AN UNARMED PERSON, AND SUCH GRAND JURY DECLINES TO RETURN AN INDICTMENT TO ANY CHARGES AGAINST SUCH ON-DUTY POLICE OR PEACE OFFICER WITH RESPECT TO SUCH DEATH, A DISTRICT ATTORNEY IS AUTHOR- IZED TO PROVIDE GRAND JURY TESTIMONY, EVIDENCE, EXHIBITS AND THE LEGAL S. 6405 6 A. 9005 INSTRUCTIONS TO THE INDEPENDENT SPECIAL COUNSEL, AS DEFINED IN SECTION SIX-A OF THE EXECUTIVE LAW, WITHIN SIXTY DAYS OF THE COMPLETION OF ALL GRAND JURY ACTION IN SUCH MATTER, INCLUDING THE ISSUANCE OF A GRAND JURY REPORT PURSUANT TO PARAGRAPH (D) OF SUBDIVISION ONE OF SECTION 190.85 OF THIS ARTICLE. (D) THE GRAND JURY MATERIALS PROVIDED TO THE INDEPENDENT SPECIAL COUN- SEL, PURSUANT TO PARAGRAPH (C) OF THIS SUBDIVISION, SHALL REMAIN SECRET, PURSUANT TO THE PROVISIONS OF THIS SECTION, EXCEPT THAT THE INDEPENDENT SPECIAL COUNSEL IS PERMITTED TO DISCLOSE THE GRAND JURY MATERIALS TO THE GOVERNOR AND THE GOVERNOR'S STAFF AS PART OF A RECOMMENDATION MADE PURSUANT TO SECTION SIX-A OF THE EXECUTIVE LAW AND THEREFORE, SUCH DISCLOSURE SHALL NOT BE AN UNLAWFUL GRAND JURY DISCLOSURE UNDER SECTION 215.70 OF THE PENAL LAW. THE INDEPENDENT SPECIAL COUNSEL, THE GOVERNOR, AND MEMBERS OF THE GOVERNOR'S STAFF MAY NOT DISCLOSE ANY GRAND JURY MATERIAL, EXCEPT AS AUTHORIZED BY COURT ORDER ISSUED UPON APPLICATION PURSUANT TO THIS SECTION, WITH THE EXCEPTION OF THE LEGAL INSTRUCTIONS PROVIDED TO THE GRAND JURY WHICH HEARD EVIDENCE, AS PROVIDED IN SUBDIVI- SION SIX OF SECTION SIX-A OF THE EXECUTIVE LAW. THE LEGAL INSTRUCTIONS MAY BE MADE PUBLIC PROVIDED THAT ALL NAMES AND IDENTIFYING INFORMATION ARE REDACTED. FOR THE LIMITED AND EXCLUSIVE PURPOSE OF MAKING SUCH APPLICATION, THE INDEPENDENT SPECIAL COUNSEL SHALL BE DEEMED A "DISTRICT ATTORNEY." GRAND JURY MATERIAL PROVIDED TO THE INDEPENDENT SPECIAL COUN- SEL SHALL REMAIN CONFIDENTIAL AND SHALL NOT BE SUBJECT TO DISCLOSURE UNDER ARTICLE SIX OF THE PUBLIC OFFICERS LAW. S 5. The county law is amended by adding a new section 701-a to read as follows: S 701-A. SPECIAL DISTRICT ATTORNEY. NOTWITHSTANDING ANY OTHER LAW TO THE CONTRARY, WHENEVER CREDIBLE ALLEGATIONS OF THE USE OF DEADLY PHYS- ICAL FORCE BY A POLICE OFFICER AS DEFINED IN SUBDIVISION THIRTY-FOUR OF SECTION 1.20 OF THE CRIMINAL PROCEDURE LAW OR A PEACE OFFICER AS DEFINED IN SUBDIVISION THIRTY-THREE OF SECTION 1.20 OF THE CRIMINAL PROCEDURE LAW, ACTING WITHIN HIS OR HER OFFICIAL POWERS, DUTIES, FUNCTIONS, OR CAPACITY, AND WHERE SUCH DEADLY PHYSICAL FORCE RESULTED IN THE DEATH OF AN UNARMED PERSON, ARE RECEIVED BY THE GOVERNOR, OR HIS DESIGNEE PURSU- ANT TO SECTION SIX-A OF THE EXECUTIVE LAW, THE GOVERNOR SHALL HAVE THE AUTHORITY TO APPOINT A SPECIAL DISTRICT ATTORNEY TO INVESTIGATE THE ALLEGATIONS AND, WHERE APPROPRIATE, PROSECUTE THE CASE. SUCH SPECIAL DISTRICT ATTORNEY SHALL BE AN ATTORNEY AT LAW RESIDING WITHIN THE STATE. 2. THE SPECIAL DISTRICT ATTORNEY SHALL POSSESS AND EXERCISE ALL THE POWERS AND PERFORM ALL THE DUTIES IN RESPECT OF SUCH ACTIONS OR PROCEEDINGS, WHICH THE DISTRICT ATTORNEY IS AUTHORIZED OR REQUIRED TO EXERCISE OR PERFORM. THE SPECIAL DISTRICT ATTORNEY SHALL BE PROVIDED BY THE DISTRICT ATTORNEY AND/OR THE SPECIAL INDEPENDENT COUNSEL AS DEFINED IN SUBDIVISION ONE OF SECTION SIX-A OF THE EXECUTIVE LAW, ALL EVIDENTI- ARY MATERIALS AS SET FORTH IN SUBDIVISION TWO OF SECTION SIX-A OF THE EXECUTIVE LAW. S 6. Section 230.20 of the criminal procedure law is amended by adding a new subdivision 5 to read as follows: 5. ANY PARTY AGGRIEVED BY AN ORDER OF THE APPELLATE DIVISION CONCERN- ING A MOTION MADE PURSUANT TO SUBDIVISION TWO OF THIS SECTION MAY SEEK LEAVE TO APPEAL FROM SUCH ORDER TO THE COURT OF APPEALS, PURSUANT TO SUBDIVISION THREE OF SECTION 450.90 OF THIS CHAPTER. S 7. Section 450.90 of the criminal procedure law is amended by adding a new subdivision 3 to read as follows: 3. PROVIDED THAT A CERTIFICATE GRANTING LEAVE TO APPEAL IS ISSUED PURSUANT TO SECTION 460.20 OF THIS TITLE, AN APPEAL MAY BE TAKEN TO THE S. 6405 7 A. 9005 COURT OF APPEALS BY ANY PARTY AGGRIEVED BY AN ORDER OF THE APPELLATE DIVISION CONCERNING A MOTION MADE PURSUANT TO SUBDIVISION TWO OF SECTION 230.20 OF THIS CHAPTER. UPON THE REQUEST OF EITHER PARTY, THE HEARING AND DETERMINATION OF AN APPEAL GRANTED PURSUANT TO THIS SUBDIVISION SHALL BE CONDUCTED IN AN EXPEDITIOUS MANNER. THE CHIEF ADMINISTRATOR OF THE COURTS, WITH THE ADVICE AND CONSENT OF THE ADMINISTRATIVE BOARD OF THE COURTS, SHALL ADOPT RULES FOR THE EXPEDITIOUS BRIEFING, HEARING AND DETERMINATION OF SUCH APPEALS. S 8. Section 215.70 of the penal law, as amended by chapter 843 of the laws of 1980, is amended to read as follows: S 215.70 Unlawful grand jury disclosure. A person is guilty of unlawful grand jury disclosure when, being a grand juror, a public prosecutor, a grand jury stenographer, a grand jury interpreter, a police officer or a peace officer guarding a witness in a grand jury proceeding, or a clerk, attendant, warden or other public servant having official duties in or about a grand jury room or proceeding, or a public officer or public employee, OR INDEPENDENT SPECIAL COUNSEL, AS DEFINED IN SUBDIVISION ONE OF SECTION SIX-A OF THE EXECUTIVE LAW, OR ANYONE TO WHOM THE INDEPENDENT SPECIAL COUNSEL DISCLOSES GRAND JURY MATERIAL PURSUANT TO PARAGRAPH (D) OF SUBDIVISION FOUR OF SECTION 190.25 OF THE CRIMINAL PROCEDURE LAW, he OR SHE inten- tionally discloses to another the nature or substance of any grand jury testimony, or any decision, result or other matter attending a grand jury proceeding which is required by law to be kept secret, except in the proper discharge of his OR HER official duties or upon written order of the court. Nothing contained herein shall prohibit a witness from disclosing his OR HER own testimony. Unlawful grand jury disclosure is a class E felony. S 9. Subdivision 4 of section 840 of the executive law is amended by adding a new paragraph (c) to read as follows: (C) AS APPROPRIATE, REVIEW AND UPDATE ITS MODEL LAW ENFORCEMENT USE OF FORCE POLICY SUITABLE FOR ADOPTION BY ANY LAW ENFORCEMENT AGENCY THROUGHOUT THE STATE. THE MOST CURRENT VERSION OF SUCH POLICY SHALL BE FILED WITH THE DIVISION OF CRIMINAL JUSTICE SERVICES. THE CHIEF OF EVERY LOCAL POLICE DEPARTMENT, EACH COUNTY SHERIFF, AND THE SUPERINTEN- DENT OF STATE POLICE MUST IMPLEMENT A USE OF FORCE POLICY. THE USE OF FORCE POLICY SHALL PROVIDE COMPREHENSIVE GUIDANCE TO LAW ENFORCEMENT OFFICERS ON THE PROPER USE OF FORCE, CONSISTENT WITH CURRENT LAW, AS IT RELATES TO THE USE OF FORCE WHILE ACTING WITHIN HIS OR HER OFFICIAL POWERS, DUTIES OR FUNCTIONS. THE USE OF FORCE POLICY SHOULD BE CONSIST- ENT WITH THE MODEL LAW ENFORCEMENT POLICY AS REQUIRED BY THIS SECTION EXCEPT THAT A DEPARTMENT SHALL NOT BE LIMITED FROM IMPOSING FURTHER RESTRICTIONS OR ADDITIONAL GUIDANCE ON THE PROPER USE OF FORCE. S 10. The executive law is amended by adding a new section 837-s to read as follows: S 837-S. REPORTING DUTIES OF LAW ENFORCEMENT DEPARTMENTS WITH RESPECT TO ENFORCEMENT OF CERTAIN VIOLATIONS AND MISDEMEANORS. 1. THE CHIEF OF EVERY POLICE DEPARTMENT, EACH COUNTY SHERIFF, AND THE SUPERINTENDENT OF STATE POLICE SHALL REPORT, ANNUALLY, TO THE DIVISION THE TOTAL NUMBER OF ARRESTS MADE OR APPEARANCE TICKETS OR SUMMONSES ISSUED BY A LAW ENFORCE- MENT OFFICER FOR OFFENSES WHICH DO NOT REQUIRE THE TAKING OF FINGER- PRINTS PURSUANT TO SUBDIVISION ONE OF SECTION 160.10 OF THE CRIMINAL PROCEDURE LAW. SUCH REPORTS SHALL BE IN THE FORM AND MANNER PRESCRIBED BY THE DIVISION AND SHALL CONTAIN SUCH INFORMATION AS THE DIVISION DEEMS NECESSARY INCLUDING, BUT NOT LIMITED TO, THE AGE, SEX, RACE AND ETHNICI- TY OF THE PERSON ARRESTED OR TO WHOM AN APPEARANCE TICKET WAS ISSUED. S. 6405 8 A. 9005 2. THE CHIEF OF EVERY POLICE DEPARTMENT, EACH COUNTY SHERIFF, AND THE SUPERINTENDENT OF STATE POLICE SHALL REPORT TO THE DIVISION ANY ARREST- RELATED DEATH IN THE FORM AND MANNER PRESCRIBED BY THE DIVISION. AN ARREST-RELATED DEATH IS A DEATH WHICH OCCURS DURING LAW ENFORCEMENT CUSTODY OR AN ATTEMPT TO ESTABLISH CUSTODY INCLUDING, BUT NOT LIMITED TO, DEATHS CAUSED BY ANY USE OF FORCE. S 11. Subdivision 3 of section 690.35 of the criminal procedure law is amended by adding a new paragraph (f) to read as follows: (F) A STATEMENT WHETHER THE APPLICATION FOR THE WARRANT HAD BEEN PREVIOUSLY SUBMITTED TO ANOTHER JUDGE, AND IF SO, THE STATEMENT MUST INCLUDE THE NAME OF THE JUDGE OR JUDGES TO WHOM THE APPLICATION WAS PREVIOUSLY SUBMITTED, THE RESULT OF SUCH APPLICATION OR APPLICATIONS, AND WHEN SUCH APPLICATION OR APPLICATIONS WERE MADE. S 12. Severability clause. If any clause, sentence, paragraph, subdi- vision, 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 13. This act shall take effect on the thirtieth day after it shall have become a law and shall apply only to acts that occurred on or after such effective date, except that section one of this act shall remain in effect until the expiration of the term of the fifty-sixth governor of New York State and that section eleven of this act shall take effect on the one hundred eightieth day after it shall have become a law. PART B Section 1. Section 2 of part H of chapter 503 of the laws of 2009 relating to the disposition of monies recovered by county district attorneys before the filing of an accusatory instrument, as amended by section 25 of part B of chapter 55 of the laws of 2015, 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, [2016] 2017, when it shall expire and be deemed repealed. S 2. This act shall take effect immediately and shall be deemed to have been in full force and effect on and after March 31, 2016. PART C Section 1. Paragraph (b) of subdivision 6 of section 186-f of the tax law, as amended by section 1 of part D of chapter 55 of the laws of 2014, is amended to read as follows: (b) The sum of one million five hundred thousand dollars must be deposited into the New York state emergency services revolving loan fund annually; provided, however, that such sums shall not be deposited for state fiscal years two thousand eleven--two thousand twelve, two thou- sand twelve--two thousand thirteen, two thousand fourteen--two thousand fifteen [and], two thousand fifteen--two thousand sixteen, TWO THOUSAND SIXTEEN--TWO THOUSAND SEVENTEEN AND TWO THOUSAND SEVENTEEN--TWO THOUSAND EIGHTEEN; S 2. This act shall take effect immediately. S. 6405 9 A. 9005 PART D Section 1. Notwithstanding any law to the contrary, the responsibil- ities, duties and functions, pursuant to subdivision 2 of section 70 of the civil service law, of the intelligence and analysis unit of the office of counterterrorism within the division of homeland security and emergency services shall be transferred to the division of state police. S 2. Paragraphs (f) and (g) of subdivision 2 of section 709 of the executive law, as amended by section 14 of part B of chapter 56 of the laws of 2010, are amended to read as follows: (f) coordinate state resources for the collection and analysis of information relating to [terrorist threats and terrorist activities and other] natural and man-made disasters throughout the state subject to any applicable laws, rules, or regulations; (g) coordinate and facilitate information sharing among local, state, and federal [law enforcement] agencies to ensure appropriate intelli- gence to assist in the early identification of and response to [poten- tial terrorist activities and other] natural and man-made disasters, subject to any applicable laws, rules, or regulations governing the release, disclosure or sharing of any such information; S 3. Section 709-a of the executive law, as added by section 15-a of part B of chapter 56 of the laws of 2010, is amended to read as follows: S 709-a. Office of counterterrorism. The office of counterterrorism shall develop and analyze the state's policies, protocols and strategies relating to the prevention and detection of terrorist acts and terrorist threats. The office shall also be responsible for [the collection, anal- ysis and sharing of information relating to terrorist threats and terrorist activities throughout the state;] coordinating strategies, protocols and first responder equipment needs to detect a biological, chemical or radiological terrorist act or threat; working with private entities and local, state and federal agencies to conduct assessments of the vulnerability of critical infrastructure to terrorist attack; and consulting with appropriate state and local governments and private entities to facilitate and foster cooperation to better prepare the state to prevent and detect threats and acts of terrorism. S 4. 1. Transfer of records. Upon the transfer of functions, pursuant to section 1 of this act, the division of homeland security and emergen- cy services shall deliver to the division of state police, all pertinent books, papers, records and property. 2. Existing rights and remedies preserved. No existing right or remedy of any character shall be lost, impaired or affected by reason of this act. 3. Pending actions and proceedings. No action or proceeding pending at the time when this act shall take effect, brought by or against the division of homeland security and emergency services relating to the function, power or duty transferred to or devolved upon the division of state police shall be affected by this act, but the same may be prose- cuted or defended in the name of the division of state police and upon the application to the court, the division of state police shall be substituted as a party. 4. Completion of unfinished business. Any business or other matter undertaken or commenced by the division of homeland security and emer- gency services pertaining to or connected with the functions, powers, obligations and duties transferred and assigned to the division of state police, pending on the effective date of this act, may be conducted and completed by the division of state police in the same manner and under S. 6405 10 A. 9005 the same terms and conditions and with the same effect as if conducted and completed by the division of homeland security and emergency services. S 5. This act shall take effect immediately. PART E Section 1. Section 5 of chapter 268 of the laws of 1996, amending the education law and the state finance law relating to providing a recruit- ment incentive and retention program for certain active members of the New York army national guard, New York air national guard, and New York naval militia, as amended by section 24 of part A of chapter 57 of the laws of 2011, is amended to read as follows: S 5. This act shall take effect January 1, 1997 and shall expire and be deemed repealed September 1, [2016] 2021; provided that any person who has begun to receive the benefits of this act prior to its expira- tion and repeal shall be entitled to continue to receive the benefits of this act after its expiration and repeal until completion of a baccalau- reate degree or cessation of status as an active member, whichever occurs first. S 2. This act shall take effect immediately. PART F Section 1. Subdivision 5 of section 362 of the chapter 83 of the laws of 1995 amending the state finance law and other laws relating to bonds, notes and revenues, as amended by section 37 of part L of chapter 55 of the laws of 2012, is amended to read as follows: 5. Sections thirty-one through forty-two of this act shall take effect on the thirtieth day after it shall have become a law and shall be deemed to have been in full force and effect on and after April 1, 1995[; provided that section 163 of the state finance law, as added by section thirty-three of this act shall remain in full force and effect until June 30, 2016 at which time it shall expire and be deemed repealed. Contracts executed prior to the expiration of such section 163 shall remain in full force and effect until the expiration of any such contract notwithstanding the expiration of certain provisions of this act]. S 2. Section 16 of chapter 1 of the laws of 2005, amending the state finance law relating to restricting contacts in the procurement process and the recording of contacts relating thereto, as amended by chapter 62 of the laws of 2014, is amended to read as follows: S 16. This act shall take effect immediately; provided, however, that sections one, six, eight, nine, ten, eleven and fifteen of this act shall take effect January 1, 2006; and provided, however, the amendments to paragraph f of subdivision 9 of section 163 of the state finance law made by section fifteen of this act shall not affect the repeal of such section and shall be deemed repealed therewith; provided, further, that the amendments to article 1-A of the legislative law, made by this act, shall not affect the repeal of such article pursuant to chapter 2 of the laws of 1999, as amended, and shall be deemed repealed therewith; provided, further, that sections thirteen and fourteen of this act shall take effect January 1, 2006 [and shall be deemed repealed July 31, 2016]; provided, further, that effective immediately, the advisory coun- cil on procurement lobbying created pursuant to section twelve of this act shall be constituted no later than sixty days following the effec- S. 6405 11 A. 9005 tive date of this act, provided that effective sixty days following the effective date of this act, the advisory council on procurement lobbying shall be authorized to establish model guidelines and to add, amend and/or repeal any rules or regulations necessary for the implementation of its duties under sections twelve and thirteen of this act, and the advisory council authorized to make and complete such model guidelines on or before the effective date of section thirteen of this act; provided, further, that procurement contracts for which bid solicita- tions have been issued prior to the effective date of this act shall be awarded pursuant to the provisions of law in effect at the time of issu- ance. S 3. This act shall take effect immediately and shall be deemed to have been in full force and effect on and after April 1, 2016. PART G Section 1. Section 13-b of the workers' compensation law, as amended by chapter 1068 of the laws of 1960, the section heading and subdivi- sions 1 and 2 as amended by chapter 473 of the laws of 2000, and subdi- vision 3 as amended by section 85 of part A of chapter 58 of the laws of 2010, is amended to read as follows: S 13-b. Authorization of [physicians] PROVIDERS, medical bureaus and laboratories by the chair. 1. [Upon the recommendation of the medical society of the county in which the physician's office is located or of a board designated by such county society or of a board representing duly licensed physicians of any other school of medical practice in such county, the chair may authorize physicians licensed to practice medicine in the state of New York to render medical care under this chapter and to perform independent medical examinations in accordance with subdivi- sion four of section thirteen-a of this article. If, within sixty days after the chair requests such recommendations the medical society of such county or board fails to act, or if there is no such society in such county, the chair shall designate a board of three outstanding physicians, who shall make the requisite recommendations. No such authorization shall be made in the absence of a recommendation of the appropriate society or board or of a review and recommendation by the medical appeals unit. No person shall render medical care or conduct independent medical examinations under this chapter without such author- ization by the chair, provided, that:] AS USED IN THIS CHAPTER, THE FOLLOWING DEFINITIONS SHALL HAVE THE FOLLOWING MEANINGS UNLESS THEIR CONTEXT REQUIRES OTHERWISE: (A) "ACUPUNCTURIST" SHALL MEAN LICENSED AS HAVING COMPLETED A FORMAL COURSE OF STUDY AND HAVING PASSED AN EXAMINATION IN ACCORDANCE WITH THE EDUCATION LAW, THE REGULATIONS OF THE COMMISSIONER OF EDUCATION, AND THE REQUIREMENTS OF THE BOARD OF REGENTS. ACUPUNCTURISTS ARE REQUIRED BY THE EDUCATION LAW TO ADVISE, IN WRITING, EACH PATIENT OF THE REQUIREMENT THAT HE OR SHE CONSULT WITH A PHYSICIAN FOR THE CONDITION OR CONDITIONS NECESSITATING ACUPUNCTURE CARE, AS PRESCRIBED BY SUCH LAW. (B) "AUTHORIZATION AGREEMENT" SHALL MEAN AN AGREEMENT BETWEEN THE CHAIR AND THE PROVIDER SIGNED BY THE PROVIDER DESIROUS OF RENDERING MEDICAL CARE AND/OR TREATMENT TO A CLAIMANT OR CLAIMANTS INJURED IN THE COURSE OF THEIR EMPLOYMENT AND/OR TO CONDUCT INDEPENDENT MEDICAL EXAM- INATIONS. (C) "CHAIR" OF THE BOARD SHALL MEAN EITHER THE CHAIR OR THE CHAIR'S DESIGNEE. S. 6405 12 A. 9005 (D) "CHIROPRACTOR" SHALL MEAN LICENSED AND HAVING COMPLETED TWO YEARS OF PREPROFESSIONAL COLLEGE STUDY AND A FOUR-YEAR RESIDENT PROGRAM IN CHIROPRACTIC IN ACCORDANCE WITH THE EDUCATION LAW, AND CONSISTENT WITH THE LICENSING REQUIREMENTS OF THE COMMISSIONER OF EDUCATION. (E) "NURSE PRACTITIONER" SHALL MEAN A LICENSED PROFESSIONAL NURSE CERTIFIED BY A NATIONAL CERTIFYING BODY AS HAVING COMPLETED THE REQUIRED EDUCATIONAL PROGRAM IN ACCORDANCE WITH THE EDUCATION LAW AND THE REGU- LATIONS OF THE COMMISSIONER OF EDUCATION. (F) "OCCUPATIONAL THERAPIST" SHALL MEAN LICENSED AS HAVING A BACH- ELOR'S OR MASTER'S DEGREE IN OCCUPATIONAL THERAPY FROM A REGISTERED PROGRAM WITH THE EDUCATION DEPARTMENT OR RECEIPT OF A DIPLOMA OR DEGREE RESULTING FROM COMPLETION OF NOT LESS THAN FOUR YEARS OF POSTSECONDARY STUDY, WHICH INCLUDES THE PROFESSIONAL STUDY OF OCCUPATIONAL THERAPY IN ACCORDANCE WITH THE EDUCATION LAW AND THE REGULATIONS OF THE COMMISSION- ER OF EDUCATION. (G) "PHYSICAL THERAPIST" SHALL MEAN LICENSED AS HAVING COMPLETED A MASTER'S DEGREE OR HIGHER IN PHYSICAL THERAPY IN ACCORDANCE WITH THE EDUCATION LAW AND THE LICENSING REQUIREMENTS OF THE COMMISSIONER OF EDUCATION. (H) "PHYSICIAN" SHALL MEAN LICENSED WITH A DEGREE OF DOCTOR OF MEDI- CINE, M.D., OR DOCTOR OF OSTEOPATHY, D.O., OR AN EQUIVALENT DEGREE IN ACCORDANCE WITH THE EDUCATION LAW AND THE LICENSING REQUIREMENTS OF THE STATE BOARD OF MEDICINE AND THE REGULATIONS OF THE COMMISSIONER OF EDUCATION. (I) "PHYSICIANS' ASSISTANT" SHALL MEAN A LICENSED PROVIDER WHO HAS GRADUATED FROM A TWO-TO-FOUR YEAR STATE-APPROVED PHYSICIANS' ASSISTANT PROGRAM, HAS PASSED A LICENSING EXAMINATION, AND WHOSE ACTIONS AND DUTIES ARE WITHIN THE SCOPE OF PRACTICE OF THE SUPERVISING PHYSICIAN, IN ACCORDANCE WITH THE EDUCATION LAW AND THE REGULATIONS OF THE COMMISSION- ER OF EDUCATION. (J) "PODIATRIST" SHALL MEAN LICENSED AS HAVING RECEIVED A DOCTORAL DEGREE IN PODIATRY IN ACCORDANCE WITH THE REGULATIONS OF THE COMMISSION- ER OF EDUCATION AND THE EDUCATION LAW, AND MUST SATISFACTORILY MEET ALL OTHER REQUIREMENTS OF THE STATE BOARD FOR PODIATRY. (K) "PROVIDER" SHALL MEAN A DULY LICENSED ACUPUNCTURIST, CHIROPRACTOR, INDEPENDENT MEDICAL EXAMINER, NURSE PRACTITIONER, PHYSICAL THERAPIST, PHYSICIAN, PHYSICIANS' ASSISTANT, PODIATRIST, PSYCHOLOGIST, OR SOCIAL WORKER SUBJECT TO AN AUTHORIZATION AGREEMENT. (L) "PSYCHOLOGIST" SHALL MEAN LICENSED AS HAVING RECEIVED A DOCTORAL DEGREE IN PSYCHOLOGY FROM A PROGRAM OF PSYCHOLOGY REGISTERED WITH THE DEPARTMENT OF EDUCATION OR THE SUBSTANTIAL EQUIVALENT THEREOF IN ACCORD- ANCE WITH THE EDUCATION LAW, THE REQUIREMENTS OF THE STATE BOARD FOR PSYCHOLOGY, AND THE REGULATIONS OF THE COMMISSIONER OF EDUCATION. (M) "SOCIAL WORKER" SHALL MEAN LICENSED CLINICAL SOCIAL WORKER. A LICENSED CLINICAL SOCIAL WORKER HAS COMPLETED A MASTER'S OF SOCIAL WORK THAT INCLUDES COMPLETION OF A CORE CURRICULUM OF AT LEAST TWELVE CREDIT HOURS OF CLINICAL COURSES OR THE EQUIVALENT POST-GRADUATE CLINICAL COURSEWORK, IN ACCORDANCE WITH THE EDUCATION LAW AND THE COMMISSIONER OF EDUCATION. [(a)] 2. Any [physician] PROVIDER licensed [to practice medicine] PURSUANT TO THE EDUCATION LAW TO PROVIDE MEDICAL CARE AND TREATMENT in the state of New York may render emergency [medical] care AND TREATMENT IN AN EMERGENCY HOSPITAL OR URGENT CARE SETTING PROVIDING EMERGENCY TREATMENT under this chapter without authorization by the chair under this section; [and] S. 6405 13 A. 9005 [(b) A] (A) SUCH licensed [physician] PROVIDER AS IDENTIFIED IN THE OPENING PARAGRAPH OF THIS SUBDIVISION who is [a member of a constituted medical staff of any hospital] ON STAFF AT ANY HOSPITAL OR URGENT CARE CENTER PROVIDING EMERGENCY TREATMENT may [render] CONTINUE SUCH medical care under this chapter while an injured employee remains a patient in such hospital OR URGENT CARE SETTING; and [(c)] (B) Under the [active and personal] DIRECT supervision of an authorized [physician] PROVIDER, medical care may be rendered by a registered nurse or other person trained in laboratory or diagnostic techniques within the scope of such person's specialized training and qualifications. This supervision shall be evidenced by signed records of instructions for treatment and signed records of the patient's condition and progress. Reports of such treatment and supervision shall be made by such [physician] PROVIDER to the chair on such forms and at such times as the chair may require. [(d) Upon the referral which may be directive as to treatment of an authorized physician physical therapy care may be rendered by a duly licensed physical therapist. Where physical therapy care is rendered records of the patient's condition and progress, together with records of instruction for treatment, if any, shall be maintained by the phys- ical therapist and physician. Said records shall be submitted to the chair on such forms and at such times as the chair may require. (e) Upon the prescription or referral of an authorized physician occu- pational therapy care may be rendered by a duly licensed occupational therapist. Where occupational therapy care is rendered records of the patient's condition and progress, together with records of instruction for treatment, if any shall be maintained by the occupational therapist and physician. Said records shall be submitted to the chair on forms and at such times as the chair may require. (f)] (C) Where it would place an unreasonable burden upon the employer or carrier to arrange for, or for the claimant to attend, an independent medical examination by an authorized [physician] PROVIDER, the employer or carrier shall arrange for such examination to be performed by a qual- ified [physician] PROVIDER in a medical facility convenient to the claimant. (D) UPON THE PRESCRIPTION OR REFERRAL OF AN AUTHORIZED PHYSICIAN, CARE OR TREATMENT MAY BE RENDERED TO AN INJURED EMPLOYEE BY AN AUTHORIZED PHYSICAL THERAPIST, OCCUPATIONAL THERAPIST OR ACUPUNCTURIST PROVIDED THE CONDITIONS AND THE TREATMENT PERFORMED ARE AMONG THE CONDITIONS THAT THE PHYSICAL THERAPIST, OCCUPATIONAL THERAPIST OR ACUPUNCTURIST IS AUTHOR- IZED TO TREAT PURSUANT TO THE EDUCATION LAW OR THE REGULATIONS OF THE COMMISSIONER OF EDUCATION. WHERE ANY SUCH CARE OR TREATMENT IS RENDERED, RECORDS OF THE PATIENT'S CONDITION AND PROGRESS, TOGETHER WITH RECORDS OF INSTRUCTION FOR TREATMENT, IF ANY, SHALL BE MAINTAINED BY THE PHYSICAL THERAPIST, OCCUPATIONAL THERAPIST, ACUPUNCTURIST RENDERING TREATMENT AND BY THE REFERRING PHYSICIAN. SAID RECORDS SHALL BE SUBMIT- TED TO THE CHAIR ON FORMS AND AT SUCH TIMES AS THE CHAIR MAY REQUIRE. (E) A RECORD, REPORT OR OPINION OF A PHYSICAL THERAPIST, OCCUPATIONAL THERAPIST, ACUPUNCTURIST OR PHYSICIAN'S ASSISTANT SHALL NOT BE CONSID- ERED AS EVIDENCE OF (1) THE CAUSAL RELATIONSHIP OF ANY CONDITION TO AN ACCIDENT OR OCCUPATIONAL DISEASE UNDER THIS CHAPTER OR (2) DISABILITY OR THE DEGREE THEREOF, NOR MAY ANY SUCH PROVIDER PERFORM AN INDEPENDENT MEDICAL EXAMINATION CONCERNING A CLAIM UNDER THIS CHAPTER. [2] 3. A [physician licensed to practice medicine in the state of New York who is] PROVIDER PROPERLY LICENSED OR CERTIFIED PURSUANT TO THE REGULATIONS OF THE COMMISSIONER OF EDUCATION AND THE REQUIREMENTS OF THE S. 6405 14 A. 9005 EDUCATION LAW desirous of being authorized to render medical care under this chapter and/or to conduct independent medical examinations in accordance with paragraph (b) of subdivision four of section thirteen-a and section one hundred thirty-seven of this chapter shall [file an application for authorization under this chapter with the medical socie- ty in the county in which his or her office is located, or with a board designated by such society, or with a board designated by the chair as provided in this section. In such application the applicant shall state his or her training and qualifications, and shall agree to limit his or her professional activities under this chapter to such medical care and independent medical examinations, as his or her experience and training qualify him or her to render] SIGN AN AUTHORIZATION AGREEMENT. [The applicant shall further agree to refrain] THE PROVIDER AGREES TO ABIDE BY THE TERMS, CONDITIONS, AND LIMITATIONS OUTLINED IN THE AUTHORIZATION AGREEMENT, INCLUDING, BUT NOT LIMITED TO REFRAINING from subsequently treating for remuneration, as a private patient, any person seeking medical treatment, or submitting to an independent medical examination, in connection with, or as a result of, any injury compensable under this chapter, if he or she has been removed from the list of [physicians] PROVIDERS authorized to render medical care or to conduct independent medical examinations under this chapter, or if the person seeking such treatment, or submitting to an independent medical examination, has been transferred from his or her care in accordance with the provisions of this chapter. This agreement shall run to the benefit of the injured person so treated or examined, and shall be available to him or her as a defense in any action by such [physician] PROVIDER for payment for treatment rendered by a [physician] PROVIDER after he or she has been removed from the list of [physicians] PROVIDERS authorized to render medical care or to conduct independent medical examinations under this chapter, or after the injured person was transferred from his or her care in accordance with the provisions of this chapter. [The medical society or the board designated by it, or the board as otherwise provided under this section, if it deems such licensed physician duly qualified, shall recommend to the chair that such physician be author- ized to render medical care and/or conduct independent medical examina- tions under this chapter, and such recommendation and authorization shall specify the character of the medical care or independent medical examination which such physician is qualified and authorized to render under this chapter. Such recommendations shall be advisory to the chair only and shall not be binding or conclusive upon him or her. The licensed physician may present to the medical society or board, evidences of additional qualifications at any time subsequent to his or her original application. If the medical society or board fails to recommend to the chair that a physician be authorized to render medical care and/or to conduct independent medical examinations under this chap- ter, the physician may appeal to the medical appeals unit. The medical society or the board designated by it, or the board as otherwise provided under this section, may upon its own initiative, or shall upon request of the chair, review at any time the qualifications of any physician as to the character of the medical care or independent medical examinations which such physician has theretofore been authorized to render under this chapter and may recommend to the chair that such physician be authorized to render medical care or to conduct independent medical examinations thereafter of the character which such physician is then qualified to render. On such advisory recommendation the chair may review and after reasonable investigation may revise the authorization S. 6405 15 A. 9005 of a physician in respect to the character of medical care and/or to conduct independent medical examinations which he or she is authorized to render. If the medical society or board recommends to the chair that a physician be authorized to render medical care and/or to conduct inde- pendent medical examinations under this chapter of a character different from the character of medical care or independent medical examinations he or she has been theretofore authorized to render, such physician may appeal from such recommendation to the medical appeals unit. 3] 4. Laboratories and bureaus engaged in x-ray diagnosis or treat- ment or in physiotherapy or other therapeutic procedures and which participate in the diagnosis or treatment of injured [workmen] CLAIMANTS under this chapter shall be operated or supervised by [qualified physi- cians duly authorized] AUTHORIZED PROVIDERS under this chapter and shall be subject to the provisions of section thirteen-c of this article. The person in charge of diagnostic clinical laboratories [duly] authorized under this chapter shall possess the qualifications established by the public health and health planning council for approval by the state commissioner of health or, in the city of New York, the qualifications approved by the board of health of said city and shall maintain the standards of work required for such approval. S 2. Section 13-d of the workers' compensation law, as amended by chapter 459 of the laws of 1944, the section heading and subdivisions 1 and 2 as amended by chapter 473 of the laws of 2000, paragraphs (a) and (b) of subdivision 2 as amended and subdivision 5 as added by chapter 6 of the laws of 2007 and subdivision 4 as amended by chapter 1068 of the laws of 1960, is amended to read as follows: S 13-d. Removal of [physicians] PROVIDERS from lists of those author- ized to render medical care or to conduct independent medical examina- tions. 1. [The medical society of the county in which the physician's office is located at the time or a board designated by such county soci- ety or a board representing duly licensed physicians of any other school of medical practice in such county shall investigate, hear and make findings with respect to all charges as to professional or other miscon- duct of any authorized physician as herein provided under rules and procedure to be prescribed by the medical appeals unit, and shall report evidence of such misconduct, with their findings and recommendation with respect thereto, to the chair. Failure to commence such investigation within sixty days from the date the charges are referred to the society by the chair or submit findings and recommendations relating to the charges within one hundred eighty days from the date the charges are referred shall empower the chair to appoint, as a hearing officer, a member of the board, employee, or other qualified hearing officer to hear and report on the charges to the chair. A qualified hearing offi- cer, who is neither a member of the board, or employee thereof shall be paid at a reasonable per diem rate to be fixed by the chair. Such investigation, hearing, findings, recommendation and report may be made by the society or board of an adjoining county upon the request of the medical society of the county in which the alleged misconduct or infraction of this chapter occurred, subject to the time limit and conditions set forth herein. The medical appeals unit shall review the findings and recommendation of such medical society or board, or hearing officer appointed by the chair upon application of the accused physician and may reopen the matter and receive further evidence. The findings, decision and recommendation of such society, board or hearing officer appointed by the chair or medical appeals unit shall be advisory to the chair only, and shall not be binding or conclusive upon him or her. S. 6405 16 A. 9005 2.] The chair shall [remove from the list of physicians authorized to] TEMPORARILY SUSPEND, REVOKE, OR OTHERWISE LIMIT THE AUTHORIZATION OF ANY PROVIDER TO render medical care under this chapter, or to conduct inde- pendent medical examinations in accordance with paragraph (b) of subdi- vision four of section thirteen-a of this article, [the name of any physician who he or she shall find] SHOULD HE OR SHE FIND, after reason- able investigation [is disqualified because such physician:], THAT SUCH PROVIDER HAS FAILED TO RENDER COMPETENT, PROFESSIONAL, OR QUALITY MEDICAL CARE AND TREATMENT UNDER THIS CHAPTER. 2. A PROVIDER'S FAILURE TO PROVIDE THE STANDARD OF CARE OR HIS OR HER BREACH OF THE DUTY TO PROVIDE COMPETENT, PROFESSIONAL, OR QUALITY MEDICAL CARE AND TREATMENT UNDER THIS CHAPTER CAN BE FOUND IN THE FOLLOWING ACTS OF MISCONDUCT: (a) has [been guilty of] COMMITTED professional, MEDICAL, or other misconduct or incompetency in connection with rendering medical services under the law OR HAS VIOLATED ANY OF THE SPECIFIED GROUNDS FOR UNPROFES- SIONAL CONDUCT AS MORE FULLY SET FORTH IN THE EDUCATION LAW, SPECIF- ICALLY THE RULES OF THE BOARD OF REGENTS, THE OFFICE OF PROFESSIONS, OR THE REGULATIONS OF THE COMMISSIONER OF EDUCATION; or (b) has exceeded the limits of his or her professional competence in rendering medical care or in conducting independent medical examinations under the law[,] or has made materially false statements [regarding his or her qualifications in his or her application for the recommendation of the medical society or board as provided in section thirteen-b of this article] IN CONNECTION WITH THE AUTHORIZATION AGREEMENT; or (c) has failed to transmit copies of medical reports to claimant's attorney or licensed representative as provided in subdivision (f) of section thirteen of this article; or has failed to submit full and truthful medical reports of all his or her findings to the employer, and directly to the chair or the board within the time limits provided in subdivision four of section thirteen-a of this article with the excep- tion of injuries which do not require (1) more than ordinary first aid or more than two treatments by a physician or person rendering first aid, or (2) loss of time from regular duties of one day beyond the work- ing day or shift; or (d) knowingly made a false statement or representation as to a materi- al fact in any medical report made pursuant to this chapter or in testi- fying or otherwise providing information for the purposes of this chap- ter; or (e) has solicited, or has employed another to solicit for himself or herself or for another, professional treatment, examination or care of an injured employee in connection with any claim under this chapter; or (f) has refused to appear before, to testify, to submit to a deposi- tion, or to answer upon request of, the chair, board, [medical appeals unit] or any duly authorized officer of the state, any legal question, or to produce any relevant book [or], paper, OR RESPONSE concerning his or her conduct under any authorization [granted to him or her under this chapter] OR AUTHORIZATION AGREEMENT; or (g) has directly or indirectly [requested, received or participated in the division, transference, assignment, rebating, splitting or refunding of a fee for, or has directly or indirectly requested, received or prof- ited by means of a credit or other valuable consideration as a commis- sion, discount or gratuity in connection with the furnishing of medical or surgical care, an independent medical examination, diagnosis or treatment or service, including X-ray examination and treatment, or for or in connection with the sale, rental, supplying or furnishing of clin- S. 6405 17 A. 9005 ical laboratory services or supplies, X-ray laboratory services or supplies, inhalation therapy service or equipment, ambulance service, hospital or medical supplies, physiotherapy or other therapeutic service or equipment, artificial limbs, teeth or eyes, orthopedic or surgical appliances or supplies, optical appliances, supplies or equipment, devices for aid of hearing, drugs, medication or medical supplies, or any other goods, services or supplies prescribed for medical diagnosis, care or treatment, under this chapter; except that reasonable payment, not exceeding the technical component fee permitted in the medical fee schedule, established under this chapter for X-ray examinations, diagno- sis or treatment, may be made by a physician duly authorized as a roent- genologist to any hospital furnishing facilities and equipment for such examination, diagnosis or treatment, provided such hospital does not also submit a charge for the same services. Nothing contained in this paragraph shall prohibit such physicians who practice as partners, in groups or as a professional corporation or as a university faculty prac- tice corporation from pooling fees and moneys received, either by the partnership, professional corporation, university faculty practice corporation or group by the individual members thereof, for professional services furnished by any individual professional member, or employee of such partnership, corporation or group, nor shall the professionals constituting the partnerships, corporations, or groups be prohibited from sharing, dividing or apportioning the fees and moneys received by them or by the partnership, corporation or group in accordance with a partnership or other agreement], WHILE TEMPORARILY SUSPENDED, BENEFITED FROM THE SPLITTING OR POOLING OF FEES BY MANAGING OR DIRECTING A MEDICAL PRACTICE EMPLOYING OR HIRING OTHER AUTHORIZED PROVIDERS TO RENDER TREAT- MENT UNDER THIS CHAPTER, SUPERVISED CARE AND TREATMENT UNDER THIS CHAP- TER, OR SUBMITTED FOR REIMBURSEMENT BOARD FORMS FOR SERVICES RENDERED UNDER THIS CHAPTER; OR (H) HAS VIOLATED ANY OF THE PROVISIONS OUTLINED IN SECTION THIRTEEN OF THIS ARTICLE, THE RULES, POLICIES, AND REGULATIONS PROMULGATED BY THE BOARD, THE PROVIDER'S MEDICAL LICENSE REQUIREMENTS, AS MORE FULLY SET FORTH IN THE PUBLIC HEALTH LAW AND THE EDUCATION LAW, OR THE REQUIRE- MENTS SET FORTH IN THE AUTHORIZATION AGREEMENT; OR (I) HAS BEEN SUBJECT TO A CONDITION, LIMITATION, OR FINDING BY THE DEPARTMENT OF HEALTH IN A REPORT, DETERMINATION, OR ANY TYPE OF ORDER RESULTING FROM ALLEGATIONS OF MISCONDUCT. 3. [Any person who violates or attempts to violate, and any person who aids another to violate or attempts to induce him to violate the provisions of paragraph (g) of subdivision two of this section shall be guilty of a misdemeanor] ONCE SUSPENDED, REVOKED, OR LIMITED, A SURGEON MAY PROVIDE ONLY REQUIRED AND NECESSARY POST-SURGICAL CARE AND TREATMENT TO A WORKERS' COMPENSATION PATIENT RECOVERING FROM A SURGICAL PROCEDURE PERFORMED WITHIN A REASONABLE TIME FRAME PRIOR TO THE EFFECTIVE DATE OF THE PROVIDER'S AUTHORIZATION SUSPENSION OR REVOCATION. 4. [Nothing] IN ADDITION TO THE POWER OR DUTY OF THE CHAIR TO TEMPO- RARILY SUSPEND, REVOKE, OR OTHERWISE LIMIT THE AUTHORIZATION OF A PROVIDER IN THE EVENT THAT ONE OF THE ACTS OF PROFESSIONAL, MEDICAL, OR OTHER MISCONDUCT IS FOUND TO EXIST, NOTHING in this section shall be construed as limiting in any respect the [power or duty of the chairman] CHAIR'S AUTHORITY to [investigate instances of misconduct, either before or after investigation by a medical society or board as herein provided, or to temporarily suspend the authorization of any physician that he may believe to be guilty of such misconduct] IMPOSE A FINE NOT TO EXCEED FIVE THOUSAND DOLLARS. S. 6405 18 A. 9005 [5. Whenever the department of health shall conduct an investigation with respect to charges of professional or other misconduct by a physi- cian which results in a report, determination or consent order that includes a finding of professional or other misconduct or incompetency by such physician, the chair shall have full power and authority to temporarily suspend, revoke or otherwise limit the authorization under this chapter of any physician upon such finding by the department of health that the physician has been guilty of professional or other misconduct. The recommendations of the department of health shall be advisory to the chair only and shall not be binding or conclusive upon the chair.] S 3. Subdivision 2 of section 13-k of the workers' compensation law, as amended by chapter 473 of the laws of 2000, is amended to read as follows: 2. An employee injured under circumstances which make such injury compensable under this article, when care is required for an injury to the foot which injury or resultant condition therefrom may lawfully be treated by a duly registered and licensed podiatrist of the state of New York, may select to treat him or her any podiatrist authorized by the chair to render podiatry care, as hereinafter provided. If the injury or condition is one which is without the limits prescribed by the education law for podiatry care and treatment, or the injuries involved affect other parts of the body in addition to the foot, the said podiatrist must so advise the said injured employee and instruct him or her to consult a physician of said employee's choice for appropriate care and treatment. Such physician shall thenceforth have overall supervision of the treatment of said patient including the future treatment to be administered to the patient by the podiatrist. If for any reason during the period when podiatry treatment and care is required, the employee wishes to transfer his or her treatment and care to another authorized podiatrist he or she may do so, in accordance with rules prescribed by the chair, provided however that the employer shall be liable for the proper fees of the original podiatrist for the care and treatment he or she shall have rendered. [A podiatrist licensed and registered to prac- tice podiatry in the state of New York who is desirous of being author- ized to render podiatry care under this section and/or to conduct inde- pendent medical examinations in accordance with paragraph (b) of subdivision three of this section shall file an application for authori- zation under this section with the podiatry practice committee. In such application he or she shall agree to refrain from subsequently treating for remuneration, as a private patient, any person seeking podiatry treatment, or submitting to an independent medical examination, in connection with, or as a result of, any injury compensable under this chapter, if he or she has been removed from the list of podiatrists authorized to render podiatry care or to conduct independent medical examinations under this chapter, or if the person seeking such treatment has been transferred from his or her care in accordance with the provisions of this section. This agreement shall run to the benefit of the injured person so treated or examined, and shall be available to him or her as a defense in any action by such podiatrist for payment for treatment rendered by a podiatrist after he or she has been removed from the list of podiatrists authorized to render podiatry care or to conduct independent medical examinations under this section, or after the injured person was transferred from his or her care in accordance with the provisions of this section. The podiatry practice committee if it deems such licensed podiatrist duly qualified shall recommend to the S. 6405 19 A. 9005 chair that such podiatrist be authorized to render podiatry care and/or to conduct independent medical examinations under this section. Such recommendation shall be advisory to the chair only and shall not be binding or conclusive upon him or her.] The chair shall prepare and establish a schedule for the state, or schedules limited to defined localities, of charges and fees for podiatry treatment and care, to be determined in accordance with and to be subject to change pursuant to rules promulgated by the chair. Before preparing such schedule for the state or schedules for limited localities the chair shall request the podiatry practice committee to submit to him or her a report on the amount of remuneration deemed by such committee to be fair and adequate for the types of podiatry care to be rendered under this chapter, but consideration shall be given to the view of other interested parties. The amounts payable by the employer for such treatment and services shall be the fees and charges established by such schedule. S 4. Subdivision 2 of section 13-l of the workers' compensation law, as amended by chapter 473 of the laws of 2000, is amended to read as follows: 2. An employee injured under circumstances which make such injury compensable under this article, when care is required for an injury which consists solely of a condition which may lawfully be treated by a chiropractor as defined in section sixty-five hundred fifty-one of the education law may select to treat him or her, any duly registered and licensed chiropractor of the state of New York, authorized by the chair to render chiropractic care as hereinafter provided. If the injury or condition is one which is outside the limits prescribed by the education law for chiropractic care and treatment, the said chiropractor must so advise the said injured employee and instruct him or her to consult a physician of said employee's choice for appropriate care and treatment. Such physician shall thenceforth have supervision of the treatment of said condition including the future treatment to be administered to the patient by the chiropractor. [A chiropractor licensed and registered to practice chiropractic in the state of New York, who is desirous of being authorized to render chiropractic care under this section and/or to conduct independent medical examinations in accordance with paragraph (b) of subdivision three of this section shall file an application for authorization under this section with the chiropractic practice commit- tee. In such application he or she shall agree to refrain from subse- quently treating for remuneration, as a private patient, any person seeking chiropractic treatment, or submitting to an independent medical examination, in connection with, or as a result of, any injury compensa- ble under this chapter, if he or she has been removed from the list of chiropractors authorized to render chiropractic care or to conduct inde- pendent medical examinations under this chapter, or if the person seek- ing such treatment has been transferred from his or her care in accord- ance with the provisions of this section. This agreement shall run to the benefit of the injured person so treated, or examined, and shall be available to him or her as a defense in any action by such chiropractor for payment rendered by a chiropractor after he or she has been removed from the list of chiropractors authorized to render chiropractic care or to conduct independent medical examinations under this section, or after the injured person was transferred from his or her care in accordance with the provisions of this section. The chiropractic practice committee if it deems such licensed chiropractor duly qualified shall recommend to the chair that such be authorized to render chiropractic care and/or to conduct independent medical examinations under this section. Such recom- S. 6405 20 A. 9005 mendations shall be advisory to the chair only and shall not be binding or conclusive upon him or her.] The chair shall prepare and establish a schedule for the state, or schedules limited to defined localities of charges and fees for chiropractic treatment and care, to be determined in accordance with and to be subject to change pursuant to rules promul- gated by the chair. Before preparing such schedule for the state or schedules for limited localities the chair shall request the chiroprac- tic practice committee to submit to him or her a report on the amount of remuneration deemed by such committee to be fair and adequate for the types of chiropractic care to be rendered under this chapter, but consideration shall be given to the view of other interested parties, the amounts payable by the employer for such treatment and services shall be the fees and charges established by such schedule. S 5. Subdivisions 2 and 3 and paragraph (b) of subdivision 4 of section 13-m of the workers' compensation law, subdivision 2 as added by chapter 589 of the laws of 1989 and subdivision 3 and paragraph (b) of subdivision 4 as amended by chapter 473 of the laws of 2000, are amended to read as follows: 2. (a) An injured employee, injured under circumstances which make such injury compensable under this article, may lawfully be treated[, upon the referral of an authorized physician,] by a psychologist, duly registered and licensed by the state of New York, authorized by the chairman to render psychological care pursuant to [this] section THIR- TEEN-B OF THIS ARTICLE. Such services shall be within the scope of such psychologist's specialized training and qualifications as defined in article one hundred fifty-three of the education law. (b) Medical bureaus, medical centers jointly operated by labor and management representatives, hospitals and health maintenance organiza- tions, authorized to provide medical care pursuant to section thirteen-c of this chapter, may provide psychological services when required[, upon the referral of an authorized physician, provided such care is rendered by a duly registered, licensed and authorized psychologist, as required by this section]. (c) A psychologist rendering service pursuant to this section shall maintain records of the patient's psychological condition and treatment, and such records or reports shall be submitted to the chairman on such forms and at such times as the chairman may require. 3. [A psychologist, licensed and registered to practice psychology in the state of New York, who is desirous of being authorized to render psychological care under this section and/or to conduct independent medical examinations in accordance with paragraph (b) of subdivision four of this section shall file an application for authorization under this section with the psychology practice committee. The applicant shall agree to refrain from subsequently treating for remuneration, as a private patient, any person seeking psychological treatment, or submit- ting to an independent medical examination, in connection with, or as a result of, any injury compensable under this chapter, if he or she has been removed from the list of psychologists authorized to render psycho- logical care under this chapter. This agreement shall run to the benefit of the injured person so treated, and shall be available as a defense in any action by such psychologist for payment for treatment rendered by such psychologist after being removed from the list of psychologists authorized to render psychological care or to conduct independent medical examinations under this section. The psychology practice commit- tee if it deems such licensed psychologist duly qualified shall recom- mend to the chair that such person be authorized to render psychological S. 6405 21 A. 9005 care and/or to conduct independent medical examinations under this section. Such recommendations shall be only advisory to the chair and shall not be binding or conclusive.] The chair shall prepare and estab- lish a schedule for the state or schedules limited to defined localities of charges and fees for psychological treatment and care, to be deter- mined in accordance with and be subject to change pursuant to rules promulgated by the chair. Before preparing such schedule for the state or schedules for limited localities the chair shall request the psychol- ogy practice committee to submit to such chair a report on the amount of remuneration deemed by such committee to be fair and adequate for the types of psychological care to be rendered under this chapter, but consideration shall be given to the view of other interested parties. The amounts payable by the employer for such treatment and services shall be the fees and charges established by such schedule. (b) Upon receipt of the notice provided for by paragraph (a) of this subdivision, the employer, the carrier, and the claimant each shall be entitled to have the claimant examined by a qualified psychologist, authorized by the chair in accordance with [subdivision three of this] section THIRTEEN-B OF THIS ARTICLE and section one hundred thirty-seven of this chapter, at a medical facility convenient to the claimant and in the presence of the claimant's psychologist, and refusal by the claimant to submit to such independent medical examination at such time or times as may reasonably be necessary in the opinion of the board shall bar the claimant from recovering compensation, for any period during which he or she has refused to submit to such examination. S 6. Section 14 of the workers' compensation law, as amended by chap- ter 925 of the laws of 1937, subdivisions 1 and 2 as amended by chapter 94 of the laws of 1946, subdivision 3 as amended by chapter 277 of the laws of 1941, subdivision 5 as amended by chapter 730 of the laws of 1978, subdivision 6 as amended by chapter 6 of the laws of 2007 and subdivision 7 as amended by chapter 169 of the laws of 2007, is amended to read as follows: S 14. Weekly wages basis of compensation. Except as otherwise provided in this chapter, the average weekly wages of the injured employee at the time of the injury shall be taken as the basis upon which to compute compensation or death benefits, and shall be determined as follows: 1. [If the injured employee shall have worked in the employment in which he was working at the time of the accident, whether for the same employer or not, during substantially the whole of the year immediately preceding his injury, his average annual earnings shall consist of three hundred times the average daily wage or salary for a six-day worker, and two hundred sixty times the average daily wage or salary for a five-day worker, which he shall have earned in such employment during the days when so employed; 2. If the injured employee shall not have worked in such employment during substantially the whole of such year, his average annual earn- ings, if a six-day worker, shall consist of three hundred times the average daily wage or salary, and, if a five-day worker, two hundred and sixty times the average daily wage or salary, which an employee of the same class working substantially the whole of such immediately preceding year in the same or in a similar employment in the same or a neighboring place shall have earned in such employment during the days when so employed; 3. If either of the foregoing methods of arriving at the annual aver- age earnings of an injured employee cannot reasonably and fairly be applied, such annual average earnings shall be such sum as, having S. 6405 22 A. 9005 regard to the previous earnings of the injured employee and of other employees of the same or most similar class, working in the same or most similar employment, or other employment as defined in this chapter, in the same or neighboring locality, shall reasonably represent the annual earning capacity of the injured employee in the employment in which he was working at the time of the accident, provided, however, his average annual earnings shall consist of not less than two hundred times the average daily wage or salary which he shall have earned in such employ- ment during the days when so employed, further provided, however, that if the injured employee shall have been in the military or naval service of the United States or of the state of New York within twelve months prior to his injury, and his average annual earnings cannot be fairly determined under subdivisions one and two, then the average annual earn- ings shall be determined by multiplying his average daily wage during the days so employed by not less than two hundred and forty; 4. The average weekly wages of an employee shall be one-fifty-second part of his average annual earnings;] THE AVERAGE WEEKLY WAGE SHALL BE DETERMINED BY COMPUTING THE TOTAL WAGES PAID TO THE EMPLOYEE DURING THE THIRTEEN WEEKS IMMEDIATELY PRECEDING THE DATE OF INJURY AND DIVIDING BY THIRTEEN, PROVIDED THAT: A. IF THE EMPLOYEE WORKED LESS THAN THIRTEEN WEEKS IN THE EMPLOYMENT IN WHICH THE EMPLOYEE WAS INJURED, THE AVERAGE WEEKLY WAGE SHALL BE BASED UPON THE TOTAL WAGE EARNED BY THE EMPLOYEE IN THE EMPLOYMENT IN WHICH THE EMPLOYEE WAS INJURED, DIVIDED BY THE TOTAL NUMBER OF WEEKS ACTUALLY WORKED IN THAT EMPLOYMENT; B. IF THE INJURED EMPLOYEE SUSTAINS A COMPENSABLE INJURY BEFORE COMPLETING HIS OR HER FIRST WORK WEEK, OR IF THE INJURED EMPLOYEE IS A SEASONAL EMPLOYEE, OR IF THE EARNINGS ARE AT AN IRREGULAR RATE, SUCH AS PIECEWORK, OR ON A COMMISSION BASIS, OR ARE SPECIFIED TO BE BI-WEEKLY, MONTHLY, OR OTHER PERIOD, THEN THE AVERAGE WEEKLY WAGE SHALL BE TAKEN AS THE ACTUAL WEEKLY EARNINGS AVERAGED FOR THIS PERIOD OF TIME, NOT EXCEED- ING ONE YEAR; C. IF THERE IS INSUFFICIENT EVIDENCE AVAILABLE TO DETERMINE THE EARN- INGS OF THE EMPLOYEE UNDER THE FOREGOING METHODS, OR IF THE PAY HAS NOT BEEN DESIGNATED FOR THE WORK REQUIRED, THE AVERAGE WEEKLY WAGE SHALL BE BASED UPON THE PREVIOUS EARNINGS OF THE INJURED EMPLOYEE AND OF OTHER EMPLOYEES OF THE SAME OR MOST SIMILAR CLASS, WORKING IN THE SAME OR MOST SIMILAR EMPLOYMENT, OR OTHER EMPLOYMENT AS DEFINED IN THIS CHAPTER, IN THE SAME OR NEIGHBORING LOCALITY, THAT SHALL REASONABLY REPRESENT THE ANNUAL EARNING CAPACITY OF THE INJURED EMPLOYEE IN THE EMPLOYMENT IN WHICH HE OR SHE WAS WORKING AT THE TIME OF THE ACCIDENT FOR A PERIOD OF THIRTEEN WEEKS PRIOR TO THE INJURY OR, IF THAT METHOD DOES NOT CONSTI- TUTE SUFFICIENT EVIDENCE OF THE AVERAGE WEEKLY WAGE, EARNINGS DATA FOR A PERIOD NOT EXCEEDING ONE YEAR PRIOR TO THE INJURY; D. PROVIDED, FURTHER, HOWEVER, THAT ONLY IN THE EVENT THAT THERE IS INSUFFICIENT EVIDENCE ASCERTAINED UNDER THE FOREGOING METHODS OF COMPUT- ING THE AVERAGE WEEKLY WAGE OF THE EMPLOYEE BY REASON OF THE NATURE OF THE EMPLOYMENT OR WHERE FOR ANY OTHER REASON THE METHODS WILL NOT FAIRLY AND ACCURATELY COMPUTE THE AVERAGE WEEKLY WAGE, COMPUTATION OF THE AVER- AGE WEEKLY WAGE MAY BE DETERMINED BY SUCH OTHER MANNER AND BY SUCH OTHER METHOD AS WILL BE BASED UPON THE FACTS PRESENTED TO FAIRLY DETERMINE SUCH EMPLOYEE'S AVERAGE WEEKLY WAGE; E. IF A CLAIM IS ESTABLISHED AS AN OCCUPATIONAL DISEASE, THE AVERAGE WEEKLY WAGE SHALL BE BASED ON EARNINGS AS OF THE DATE OF DISABLEMENT. [5.] 2. If it be established that the injured employee was under the age of twenty-five when injured, and that under normal conditions his S. 6405 23 A. 9005 wages would be expected to increase, that fact may be considered in arriving at his average weekly wages. [6.] 3. If the injured employee is concurrently engaged in more than one employment at the time of injury, the employee's average weekly wages shall be calculated upon the basis of wages earned from all concurrent employments covered under this chapter. The employer in whose employment the employee was injured shall be liable for the benefits that would have been payable if the employee had had no other employ- ment. [Any additional benefits resulting from the increase in average weekly wages due to the employee's concurrent employments shall be paya- ble in the first instance by the employer in whose employment the employee was injured and shall be reimbursed by the special disability fund created under subdivision eight of section fifteen of this article, but only if such claim is presented in accordance with subparagraph two of paragraph (h) of subdivision eight of section fifteen of this arti- cle.] The employer in whose employment the employee was injured shall be liable for all medical costs. [7.] 4. The average weekly wages of a jockey, apprentice jockey or exercise person licensed under article two or four of the racing, pari- mutuel wagering and breeding law shall be computed based upon all of the earnings of such jockey, apprentice jockey or exercise person, including those derived from outside of the state. S 7. Subdivision 1 of section 20 of the workers' compensation law, as amended by chapter 635 of the laws of 1996, is amended to read as follows: 1. At any time after the expiration of the first seven days of disa- bility on the part of an injured employee, or at any time after the employee's death, a claim for compensation may be presented to the employer or to the chair. The board shall have full power and authority to determine all questions in relation to the payment of claims presented to it for compensation under the provisions of this chapter. The chair or board shall make or cause to be made such investigation as it deems necessary, and upon application of either party, shall order a hearing, and within thirty days after a claim for compensation is submitted under this section, or such hearing closed, shall make or deny an award, determining such claim for compensation, and file the same in the office of the chair. Immediately after such filing the chair shall send to the parties a copy of the decision. Upon a hearing pursuant to this section either party may present evidence and be represented by counsel. The decision of the board shall be final as to all questions of fact, and, except as provided in section twenty-three of this arti- cle, as to all questions of law. Except as provided in section twenty- seven of this article, all awards of the board shall draw simple inter- est from thirty days after the making thereof at the rate provided in section five thousand four of the civil practice law and rules. Whenev- er a hearing or proceeding for the determination of a claim for compen- sation is begun before a referee, pursuant to the provisions of this chapter, such hearing or proceeding or any adjourned hearing [thereon shall], INCLUDING A REFERRAL FOR DECISION, MAY continue before [the same referee until a final determination awarding or denying compensation, except in the absence, inability or disqualification to act of such referee, or for other good cause, in which event such hearing or proceeding may be continued before another referee by order of the chair or board] ANY REFEREE AS DETERMINED BY THE BOARD. S. 6405 24 A. 9005 S 8. Section 23 of the workers' compensation law, as amended by section 10 of part GG of chapter 57 of the laws of 2013, is amended to read as follows: S 23. Appeals. An award or decision of the board shall be final and conclusive upon all questions within its jurisdiction, as against the state fund or between the parties, unless reversed or modified on appeal therefrom as hereinafter provided. Any party may within thirty days after notice of the filing of an award or decision of a referee, file with the board an application in writing for a modification or rescis- sion or review of such award or decision, as provided in this chapter. The board shall render its decision upon such application in writing and shall include in such decision a statement of the facts which formed the basis of its action on the issues raised before it on such application. Within thirty days after notice of the decision of the board upon such application has been served upon the parties, or within thirty days after notice of an administrative redetermination review decision by the chair pursuant to subdivision five of section fifty-two, section one hundred thirty-one or section one hundred forty-one-a of this chapter has been served upon any party in interest, an appeal may be taken ther- efrom to the appellate division of the supreme court, third department, by any party in interest, including an employer insured in the state fund; provided, however, that any party in interest may within thirty days after notice of the filing of the board [panel's] decision with the secretary of the board, make application in writing for review thereof by the full board. If the decision or determination was that of a panel of the board and there was a dissent from such decision or determination other than a dissent the sole basis of which is to refer the case to an impartial specialist, the full board shall review and affirm, modify or rescind such decision or determination in the same manner as herein above provided for an award or decision of a referee. If the decision or determination was that of a unanimous panel of the board, or there was a dissent from such decision or determination the sole basis of which is to refer the case to an impartial specialist, the board may in its sole discretion review and affirm, modify or rescind such decision or determination in the same manner as herein above provided for an award or decision of a referee. Failure to apply for review by the full board shall not bar any party in interest from taking an appeal directly to the court as above provided. The board may also, in its discretion certify to such appellate division of the supreme court, questions of law involved in its decision. Such appeals and the question so certified shall be heard in a summary manner and shall have precedence over all other civil cases in such court. The board shall be deemed a party to every such appeal from its decision upon such application, and the chair shall be deemed a party to every such appeal from an administrative redetermination review decision pursuant to subdivision five of section fifty-two of this chapter. The attorney general shall represent the board and the chair thereon. An appeal may also be taken to the court of appeals in the same manner and subject to the same limitations not inconsistent herewith as is now provided in the civil practice law and rules. It shall not be necessary to file exceptions to the rulings of the board. An appeal to the appellate division of the supreme court, third department, or to the court of appeals, shall not operate as a stay of the payment of compensation required by the terms of the award or of the payment of the cost of such medical, dental, surgical, optome- tric or other attendance, treatment, devices, apparatus or other neces- sary items the employer is required to provide pursuant to section thir- S. 6405 25 A. 9005 teen of this article which are found to be fair and reasonable. Where such award is modified or rescinded upon appeal, the appellant shall be entitled to reimbursement in a sum equal to the compensation in dispute paid to the respondent in addition to a sum equal to the cost of such medical, dental, surgical, optometric or other attendance, treatment, devices, apparatus or other necessary items the employer is required to provide pursuant to section thirteen of this article paid by the appel- lant pending adjudication of the appeal. Such reimbursement shall be paid from administration expenses as provided in section one hundred fifty-one of this chapter upon audit and warrant of the comptroller upon vouchers approved by the chair. Where such award is subject to the provisions of section twenty-seven of this article, the appellant shall pay directly to the claimant all compensation as it becomes due during the pendency of the appeal, and upon affirmance shall be entitled to credit for such payments. Neither the chair, the board, the commission- ers of the state insurance fund nor the claimant shall be required to file a bond upon an appeal to the court of appeals. Upon final determi- nation of such an appeal, the board or chair, as the case may be, shall enter an order in accordance therewith. Whenever a notice of appeal is served or an application made to the board by the employer or insurance carrier for a modification or rescission or review of an award or deci- sion, and the board shall find that such notice of appeal was served or such application was made for the purpose of delay or upon frivolous grounds, the board shall impose a penalty in the amount of five hundred dollars upon the employer or insurance carrier, which penalty shall be added to the compensation and paid to the claimant. WHENEVER AN APPLICA- TION IS MADE TO THE BOARD BY THE EMPLOYER OR INSURANCE CARRIER FOR A MODIFICATION OR RESCISSION OR REVIEW OF AN AWARD OR DECISION, AND THE BOARD SHALL FIND THAT SUCH APPLICATION WAS MADE FOR THE PURPOSE OF DELAY AND UPON FRIVOLOUS GROUNDS, THE BOARD MAY IMPOSE A PENALTY PURSUANT TO PARAGRAPH (F) OF SUBDIVISION THREE OF SECTION TWENTY-FIVE OF THIS ARTI- CLE. UPON A FINDING THAT AN APPLICATION HAS BEEN MADE TO THE BOARD FOR THE PURPOSE OF DELAY AND UPON FRIVOLOUS GROUNDS, AND THE EMPLOYER OR CARRIER HAS MADE PAYMENT TO THE CLAIMANT OF ALL COMPENSATION AS IT BECOMES DUE DURING THE PENDENCY OF THE APPLICATION, NO PENALTY PURSUANT TO PARAGRAPH (F) OF SUBDIVISION THREE OF SECTION TWENTY-FIVE OF THIS ARTICLE SHALL BE IMPOSED. The penalties provided herein shall be collected in like manner as compensation. A party against whom an award of compensation shall be made may appeal from a part of such award. In such a case the payment of such part of the award as is not appealed from shall not prejudice any rights of such party on appeal, nor be taken as an admission against such party. Any appeal by an employer from an administrative redetermination review decision pursuant to subdivi- sion five of section fifty-two of this chapter shall in no way serve to relieve the employer from the obligation to timely pay compensation and benefits otherwise payable in accordance with the provisions of this chapter. Nothing contained in this section shall be construed to inhibit the continuing jurisdiction of the board as provided in section one hundred twenty-three of this chapter. S 9. Paragraph (f) of subdivision 3 of section 25 of the workers' compensation law, as amended by chapter 316 of the laws of 1991, is amended to read as follows: (f) If the employer or its insurance carrier shall fail to make payments of compensation according to the terms of the award within ten days or the uninsured employers' fund shall fail to make payments of S. 6405 26 A. 9005 compensation according to the terms of the award within thirty days after such ten day period except in case of an application to the board for a modification, rescission or review of such award, there shall be imposed a penalty equal to twenty percent of the unpaid compensation which shall be paid to the injured worker or his or her dependents, and there shall also be imposed an assessment of fifty dollars, which shall be paid into the state treasury. WHENEVER AN APPLICATION IS MADE TO THE BOARD BY THE EMPLOYER OR INSURANCE CARRIER FOR A MODIFICATION OR RESCIS- SION OR REVIEW OF AN AWARD OR DECISION IN ACCORDANCE WITH SECTION TWEN- TY-THREE OF THIS ARTICLE, AND THE BOARD SHALL FIND THAT SUCH APPLICATION WAS MADE FOR THE PURPOSE OF DELAY AND UPON FRIVOLOUS GROUNDS, THE BOARD MAY IMPOSE A PENALTY EQUAL TO TWENTY PERCENT OF THE UNPAID COMPENSATION WHICH SHALL BE PAID TO THE INJURED WORKER OR HIS OR HER DEPENDENTS, AND THERE SHALL ALSO BE IMPOSED AN ASSESSMENT OF FIFTY DOLLARS, WHICH SHALL BE PAID INTO THE STATE TREASURY. S 10. The closing paragraph of paragraph (a) of subdivision 2 of section 25 of the workers' compensation law, as amended by chapter 635 of the laws of 1996, is amended to read as follows: If the insurance carrier shall fail either to file notice of contro- versy or begin payment of compensation within the prescribed period or within ten days after receipt of a copy of the notice required in section one hundred ten of this chapter, whichever period is the great- er, the board may[, after a hearing,] impose a penalty in the amount of three hundred dollars, which shall be in addition to all other penalties provided for in this chapter and shall be paid to the claimant. Such penalty shall be collected in like manner as an award of compensation. S 11. Subdivisions 1 and 7 of section 27 of the workers' compensation law, subdivision 1 as amended by chapter 192 of the laws of 1949, subdi- vision 7 as amended by chapter 62 of the laws of 1989, the closing para- graph of subdivision 7 as amended by chapter 6 of the laws of 2007 and as further amended by section 104 of part A of chapter 62 of the laws of 2011, are amended to read as follows: 1. All payments made into the fund pursuant to the provisions of this section shall constitute an indivisible and aggregate trust fund except as hereinafter provided. NOTWITHSTANDING ANY OTHER PROVISIONS OF THIS CHAPTER, THE BOARD SHALL NOT DIRECT A MANDATORY DEPOSIT ON OR AFTER THE EFFECTIVE DATE OF THE CHAPTER OF THE LAWS OF TWO THOUSAND SIXTEEN WHICH AMENDED THIS SUBDIVISION. THE CARRIER SHALL MAKE A MANDATORY DEPOSIT INTO THE FUND AS DIRECTED IN A BOARD DECISION FILED PRIOR TO THE EFFEC- TIVE DATE OF THE CHAPTER OF THE LAWS OF TWO THOUSAND SIXTEEN WHICH AMENDED THIS SUBDIVISION, IN THE AMOUNT SET FORTH IN A SUPPLEMENTAL BOARD DECISION OF ANY DATE. THE CARRIER IS RESPONSIBLE FOR PAYMENTS TO THE CLAIMANT AS DIRECTED UNTIL THE DEPOSIT IS MADE INTO THE FUND. IF THE INSURANCE CARRIER SHALL FAIL TO MAKE A TIMELY MANDATORY DEPOSIT INTO THE FUND THE CHAIR MAY IMPOSE A PENALTY EQUAL TO TWENTY PERCENT OF THE UNPAID MANDATORY DEPOSIT AMOUNT WHICH SHALL BE PAID TO THE INJURED WORK- ER OR HIS OR HER DEPENDENTS, AND THERE SHALL ALSO BE IMPOSED AN ASSESS- MENT OF FIFTY DOLLARS, WHICH SHALL BE PAID INTO THE STATE TREASURY. 7. [For the purpose of securing the solvency of the aggregate trust fund, there shall be required, in addition to the payments hereinbefore provided for, a payment on each award, as follows: (a) In the mandatory type cases based on an accident occurring on or subsequent to July first, nineteen hundred forty-one up to and including June thirtieth, nineteen hundred forty-three an amount equal to six per centum of the present value of each such case paid into such fund; S. 6405 27 A. 9005 (b) In the mandatory type cases based on an accident occurring on or subsequent to July first, nineteen hundred forty-three an amount equal to ten per centum of the present value of each such case paid into such fund; (c) In the discretionary type cases based on an accident occurring up to and including June thirtieth, nineteen hundred thirty-nine an amount equal to sixteen per centum of the present value of each such case paid into such fund; (d) In the discretionary type cases based on an accident occurring on or subsequent to July first, nineteen hundred thirty-nine an amount equal to ten per centum of the present value of each such case paid into such fund. Such additional payments shall be required until the surplus of the fund equals or exceeds one per centum of the total outstanding loss reserves as shown by three successive annual reports of the fund to the superintendent of financial services and such additional payment shall be required as a payment upon each award based on an accident occurring prior to July first next succeeding the third such annual report, but not as a payment upon any award based on an accident occurring on or after said July first; provided, however, that if and when the surplus of the fund as shown by any annual report thereafter shall be less than one per centum of the total outstanding loss reserves, then the addi- tional payments as provided in paragraphs (a), (b), (c) and (d) of this subdivision shall be resumed and shall be payable upon any award based on an accident occurring on or after July first next succeeding the close of the year for which such annual report is made. Thereafter, the suspension or resumption of additional payments as required by this subdivision shall be governed by the foregoing provisions. Such loss reserves shall be computed based upon the tables specified in subdivi- sion five of this section and interest at a standard to be determined by the superintendent of financial services by regulation.] FOR THE PURPOSES OF INSURING THE SOLVENCY OF THE AGGREGATE TRUST FUND SUBSEQUENT TO THE FIRST DAY OF JANUARY, TWO THOUSAND SIXTEEN, THE SUPERINTENDENT OF FINANCIAL SERVICES, IN ACCORDANCE WITH SUBDIVISION TWO OF SECTION ONE HUNDRED EIGHT OF THIS CHAPTER, MAY DIRECT CARRIERS TO DEPOSIT NOT MORE THAN TWO PERCENT OF WRITTEN PREMIUMS INTO THE WORKERS' COMPENSATION GUARANTEE FUND ESTABLISHED BY ARTICLE SIX OF THIS CHAPTER TO ENABLE THE AGGREGATE TRUST FUND TO MEET ITS OBLIGATIONS UNDER THIS SECTION FOR A PERIOD OF TIME NOT TO EXTEND TEN YEARS FROM THE EFFECTIVE DATE OF THE CHAPTER OF THE LAWS OF TWO THOUSAND SIXTEEN WHICH AMENDED THIS SUBDIVI- SION. IN THE EVENT THAT THE AGGREGATE TRUST FUND DOES NOT HAVE THE ASSETS SUFFICIENT TO MEET ITS OBLIGATIONS AFTER SUCH TEN YEAR PERIOD, THE FINANCIAL SHORTFALL SHALL BECOME THE LIABILITY OF THE WORKERS' COMPENSATION SECURITY FUND PURSUANT TO THE PROVISIONS OF SECTION ONE HUNDRED NINE-C OF THIS CHAPTER. S 12. Subdivisions 3 and 4 of section 25-a of the workers' compen- sation law, subdivision 3 as amended by section 13 of part GG of chapter 57 of the laws of 2013, subdivision 4 as amended by chapter 395 of the laws of 1964, and the closing paragraph of subdivision 4 as further amended by section 104 of part A of chapter 62 of the laws of 2011, are amended to read as follows: 3. Any awards so made shall be payable out of the special fund hereto- fore created for such purpose, which fund is hereby continued and shall be known as the fund for reopened cases. The employer, or, if insured, his insurance carrier shall pay into such fund, or, in the case of awards made on or after July first, nineteen hundred sixty-nine, either S. 6405 28 A. 9005 into such fund or the uninsured employers' fund under section twenty- six-a of this article in accordance with the provisions thereof, for every case of injury causing death for which there are no persons enti- tled to compensation the sum of three hundred dollars where such injury occurred prior to July first, nineteen hundred forty and the sum of one thousand dollars where such injury shall occur on or after said date and prior to April first, nineteen hundred forty-five, and the sum of fifteen hundred dollars where such injury shall occur on or after April first, nineteen hundred forty-five and prior to September first, nine- teen hundred seventy-eight and the sum of three thousand dollars where such injury shall occur on or after September first, nineteen hundred seventy-eight, and in each case of death resulting from injury sustained on or after July first, nineteen hundred forty and prior to September first, nineteen hundred seventy-eight, where there are persons entitled to compensation but the total amount of such compensation is less than two thousand dollars exclusive of funeral benefits, the employer, or, if insured, his insurance carrier, shall pay into such fund, or, in the case of awards made on or after July first, nineteen hundred sixty-nine and prior to September first, nineteen hundred seventy-eight, either into such fund or the uninsured employers' fund under section twenty- six-a of this article in accordance with the provisions thereof, the difference between the sum of two thousand dollars and the compensation, exclusive of funeral benefits, and in each case of death resulting from injury sustained on or after September first, nineteen hundred seventy- eight, the employer, or if insured, his insurance carrier shall pay into such fund or the uninsured employers' fund under section twenty-six-a of this article in accordance with the provisions thereof, the difference between the sum of five thousand dollars and the compensation, exclusive of funeral benefits actually paid to or for the dependents of the deceased employee together with any expense charge required by section twenty-seven of this article; provided, however, that where death shall occur subsequent to the periods limited by subdivision one of this section no payment into such special fund nor to the special fund provided by subdivision nine of section fifteen nor to the uninsured employers' fund provided by section twenty-six-a of this article shall be required. In addition to the assessments made against all insurance carriers for the expenses of administering this chapter provided for under the provisions of section one hundred fifty-one of this chapter, and the payments above provided, the employer, or, if insured, his insurance carrier, shall pay the sum of five dollars into said fund for each case in which an award is made pursuant to the provisions of para- graphs a to s inclusive of subdivision three of section fifteen of this chapter, by reason of injury sustained between July first, nineteen hundred forty and June thirtieth, nineteen hundred forty-two, both dates inclusive, and the sum of ten dollars for each such case by reason of injury sustained between July first, nineteen hundred forty-two and June thirtieth, nineteen hundred fifty, both dates inclusive, which payment shall be in addition to any payment of compensation to the injured employee as provided in this chapter. There shall be maintained in the special fund at all times assets at least equal in value to the sum of (1) the value of awards charged against such fund, (2) the value of all claims that have been reopened by the board as a charge against such fund but as to which awards have not yet been made, (3) effective January first, nineteen hundred seven- ty-one, the value of total supplemental benefits to be paid from such fund as reimbursement pursuant to subdivision nine of this section, and S. 6405 29 A. 9005 (4) a reserve equal to ten per cent of the sum of items (1), (2) and (3) of this paragraph. Annually, as soon as practicable after January first in each year, the chair shall ascertain the condition of the fund and [whenever the assets shall fall below the prescribed minimum as herein provided the chair] shall collect: (A) DEBT SERVICE AMOUNT SUFFICIENT TO COVER DEBT SERVICE AND ASSOCIATED COSTS TO BE PAID DURING THE CALEN- DAR YEAR BY THE DORMITORY AUTHORITY, AS CALCULATED IN ACCORDANCE WITH SUBDIVISION FOUR OF THIS SECTION AND (B) WHENEVER THE VALUE OF OTHER ASSETS FALL BELOW THE PRESCRIBED MINIMUM TO BE MAINTAINED AS HEREIN PROVIDED, an amount sufficient to restore the fund to the prescribed minimum. SUCH ASSESSMENTS SHALL BE INCLUDED IN THE ASSESSMENT RATE ESTABLISHED PURSUANT TO SUBDIVISION TWO OF SECTION ONE HUNDRED FIFTY-ONE OF THIS CHAPTER. SUCH ASSESSMENTS SHALL BE DEPOSITED WITH THE COMMIS- SIONER OF TAXATION AND FINANCE AND TRANSFERRED TO THE BENEFIT OF SUCH FUND FOLLOWING PAYMENT OF DEBT SERVICE AND ASSOCIATED COSTS, IF ANY, PURSUANT TO SECTION ONE HUNDRED FIFTY-ONE OF THIS CHAPTER. Commencing on the first of January, two thousand fourteen, the amount collected from all employers required to obtain workers' compensation coverage to main- tain the financial integrity of the fund may be paid over a period of time at the discretion of the chair based upon an analysis of the finan- cial condition of the fund. Such payment as determined by the chair shall be included in the assessment rate established pursuant to subdi- vision two of section one hundred fifty-one of this chapter. The chair shall promulgate regulations to administer claims whose liability has been transferred to the fund for reopened cases. Such regulations may include exercise of the chair's authority to administer existing claims, to procure management for those claims, or to sell such liability INCLUDING, WITHOUT LIMITATION, BY OBTAINING AN "ASSUMPTION OF WORKERS' COMPENSATION LIABILITY INSURANCE POLICY" AS DEFINED IN SECTION SIXTEEN HUNDRED EIGHTY-L OF THE PUBLIC AUTHORITIES LAW. The chair may examine into the condition of the fund at any time on his or her own initiative or on request of the attorney of the fund. The provisions of this subdivision shall not apply with respect to policies containing coverage pursuant to section thirty-four hundred twenty of the insurance law relating to every policy providing compre- hensive personal liability insurance on a one, two, three or four family owner-occupied dwelling. 4. THE CHAIR AND THE COMMISSIONER OF TAXATION AND FINANCE ARE AUTHOR- IZED AND DIRECTED TO ENTER INTO A FINANCING AGREEMENT WITH THE DORMITORY AUTHORITY, TO BE KNOWN AS THE "FUND FOR REOPENED CASES FINANCING AGREE- MENT". SUCH AGREEMENT SHALL SET FORTH THE PROCESS FOR CALCULATING THE ANNUAL DEBT SERVICE OF THE BONDS ISSUED BY THE DORMITORY AUTHORITY AND ANY OTHER ASSOCIATED COSTS IN CONNECTION WITH THE FUND FOR REOPENED CASES, AS SET FORTH IN SECTION SIXTEEN HUNDRED EIGHTY-L OF THE PUBLIC AUTHORITIES LAW. FOR PURPOSES OF THIS SECTION, "ASSOCIATED COSTS" MAY INCLUDE A COVERAGE FACTOR, RESERVE FUND REQUIREMENTS, ALL COSTS OF ANY NATURE INCURRED BY THE DORMITORY AUTHORITY IN CONNECTION WITH THE FUND FOR REOPENED CASES FINANCING AGREEMENT OR PURSUANT THERETO, THE COSTS OF ANY INDEPENDENT AUDITS UNDERTAKEN UNDER THIS SECTION, AND ANY OTHER COSTS FOR THE IMPLEMENTATION OF THIS SUBDIVISION AND THE ISSUANCE OF BONDS BY THE DORMITORY AUTHORITY, INCLUDING INTEREST RATE EXCHANGE PAYMENTS, REBATE PAYMENTS, LIQUIDITY FEES, CREDIT PROVIDER FEES, FIDUCI- ARY FEES, REMARKETING, DEALER, AUCTION AGENT AND RELATED FEES AND OTHER SIMILAR BOND-RELATED EXPENSES, UNLESS OTHERWISE FUNDED. BY SEPTEMBER FIRST OF EACH YEAR, THE DORMITORY AUTHORITY SHALL PROVIDE TO THE CHAIR THE CALCULATION OF THE AMOUNT EXPECTED TO BE PAID BY THE DORMITORY S. 6405 30 A. 9005 AUTHORITY IN DEBT SERVICE AND ASSOCIATED COSTS FOR PURPOSES OF CALCULAT- ING THE DEBT SERVICE ASSESSMENT AS SET FORTH IN SUBDIVISION THREE OF THIS SECTION. ALL MONIES RECEIVED ON ACCOUNT OF ANY ASSESSMENT UNDER SUBDIVISION THREE OF THIS SECTION AND THIS SUBDIVISION SHALL BE APPLIED IN ACCORDANCE WITH THIS SUBDIVISION AND IN ACCORDANCE WITH THE FUND FOR REOPENED CASES FINANCING AGREEMENT UNTIL THE FINANCIAL OBLIGATIONS OF THE DORMITORY AUTHORITY IN RESPECT TO ITS CONTRACT WITH ITS BONDHOLDERS ARE MET AND ALL ASSOCIATED COSTS PAYABLE TO OR BY THE DORMITORY AUTHORI- TY HAVE BEEN PAID, NOTWITHSTANDING ANY OTHER PROVISION OF LAW RESPECTING SECURED TRANSACTIONS. THIS PROVISION MAY BE INCLUDED BY THE DORMITORY AUTHORITY IN ANY CONTRACT OF THE DORMITORY AUTHORITY WITH ITS BONDHOLD- ERS. THE FUND FOR REOPENED CASES FINANCING AGREEMENT MAY RESTRICT DISBURSE- MENTS, INVESTMENTS, OR REBATES, AND MAY PRESCRIBE A SYSTEM OF ACCOUNTS APPLICABLE TO THE FUND FOR REOPENED CASES AS CONSISTENT WITH THE PROVISIONS OF THIS SECTION GOVERNING SUCH FUND, INCLUDING CUSTODY OF FUNDS AND ACCOUNTS WITH A TRUSTEE THAT MAY BE PRESCRIBED BY THE DORMITO- RY AUTHORITY AS PART OF ITS CONTRACT WITH THE BONDHOLDERS. FOR PURPOSES OF THIS SUBDIVISION, THE TERM "BONDS" SHALL INCLUDE NOTES ISSUED IN ANTICIPATION OF THE ISSUANCE OF BONDS, OR NOTES ISSUED PURSUANT TO A COMMERCIAL PAPER PROGRAM. (A) The commissioner of taxation and finance shall be the custodian of such [special] fund for reopened cases and, UNLESS OTHERWISE PROVIDED FOR IN THE FUND FOR REOPENED CASES FINANCING AGREEMENT, shall invest any surplus OR RESERVE monies thereof in securities which constitute legal investments for savings banks under the laws of this state and in inter- est bearing certificates of deposit of a bank or trust company located and authorized to do business in this state or of a national bank located in this state secured by a pledge of direct obligations of the United States or of the state of New York in an amount equal to the amount of such certificates of deposit, and may sell any of the securi- ties or certificates of deposit in which such fund is invested, if necessary for the proper administration or in the best interest of such fund. Disbursements from such fund for compensation provided by this section shall be paid by the commissioner of taxation and finance upon vouchers signed by the [chairman] CHAIR OF THE BOARD UNLESS THE FINANC- ING AGREEMENT PROVIDES FOR SOME OTHER MEANS OF AUTHORIZING SUCH DISBURSEMENTS THAT IS NO LESS PROTECTIVE OF THE FUND. The commissioner of taxation and finance, as custodian of such fund, annually as soon as practicable after January first, shall furnish to the [chairman] CHAIR OF THE WORKERS' COMPENSATION BOARD a statement of the fund, setting forth the balance of monies in the said fund as of the beginning of the year, the income of the fund, a summary of payments out of the fund on account of compensation ordered to be paid by the board, medical and other expense, and all other charges against the fund, and setting forth the balance of the fund remaining to its credit on Decem- ber thirty-first. Such statement shall be open to public inspection in the office of the [chairman] CHAIR, and a copy thereof shall be trans- mitted by the [chairman] CHAIR to the superintendent of financial services. The superintendent of financial services may examine into the condition of such fund at any time on his OR HER own initiative or on request of the [chairman] CHAIR or representative of the fund. He OR SHE shall verify the receipts and disbursements of the fund, and shall ascertain the liability of the fund upon all cases in which awards of compensation have been made and charged against said fund and shall render a report of such facts to the [chairman] CHAIR. Such report S. 6405 31 A. 9005 shall also be open to public inspection in the office of the [chairman] CHAIR. THE CHAIR, NOT LESS THAN NINETY DAYS AFTER THE ISSUANCE OF THE DORMITORY AUTHORITY'S ANNUAL AUDIT, SHALL FURNISH TO THE PRESIDENT OF THE SENATE AND THE SPEAKER OF THE ASSEMBLY THE FOLLOWING REPORTS ON THE FUND FOR REOPENED CASES: A REVENUE AND OPERATING EXPENSE STATEMENT; A FINANCING PLAN; A REPORT CONCERNING THE ASSETS AND LIABILITIES; THE NUMBER OF AGREEMENTS TO PROCURE MANAGEMENT OF SUCH CLAIMS; THE NUMBER OF ASSUMPTION OF WORKERS' COMPENSATION LIABILITY INSURANCE POLICIES EXECUTED SELLING SUCH CLAIMS; THE NUMBER OF CLAIMANTS REMAINING IN THE FUND; THE ESTIMATED CURRENT UNFUNDED LIABILITY OF THE FUND WITH RESPECT TO SUCH CLAIMS; AND A DEBT ISSUANCE REPORT INCLUDING BUT NOT LIMITED TO (I) PLEDGED ASSESSMENT REVENUE AND FINANCING COVERAGE, (II) DEBT SERVICE MATURITIES, (III) INTEREST RATE EXCHANGE OR SIMILAR AGREEMENTS, AND (IV) FINANCING AND ISSUANCE COSTS. THE COMMISSIONER OF TAXATION AND FINANCE MAY ESTABLISH WITHIN THE FUND FOR REOPENED CASES SUCH ACCOUNTS AND SUB-ACCOUNTS AS HE OR SHE DEEMS USEFUL FOR THE OPERATION OF THE FUND, OR AS NECESSARY TO SEGREGATE MONEYS WITHIN THE FUND, SUBJECT TO THE PROVISIONS OF THE FUND FOR REOPENED CASES FINANCING AGREEMENT. S 13. Subdivision (i) of section 32 of the workers' compensation law, as added by chapter 6 of the laws of 2007 and paragraph 5 as further amended by section 104 of part A of chapter 62 of the laws of 2011, is amended to read as follows: (i) (1) The waiver agreement management office may contract with AN INSURANCE CARRIER, SELF-INSURED EMPLOYER, STATE INSURANCE FUND OR any third party to ASSUME LIABILITY FOR, manage, administer, or settle claims on its behalf, so long as (A) such contract is approved by the special disability fund advisory committee and (B) such [third] party shall agree to be subject to any guidelines or directives as the chair may issue. (2) The chair MAY, with approval of the special disability fund advi- sory committee and on such terms as the committee deems appropriate, [shall have discretion to] procure one or more private entities to assume the liability for and [management, administration or settlement of] MANAGE, ADMINISTER OR SETTLE all or a portion of the claims in the special disability fund INCLUDING, WITHOUT LIMITATION, BY OBTAINING "AN ASSUMPTION OF WORKERS' COMPENSATION LIABILITY INSURANCE POLICY" AS DEFINED FOR PURPOSES OF SECTION SIXTEEN HUNDRED EIGHTY-L OF THE PUBLIC AUTHORITIES LAW. ANY SUCH POLICY SHALL EXPRESSLY PROVIDE AND, NOTWITH- STANDING ANY OTHER PROVISION OF LAW, OPERATE TO RELEASE FROM ANY FURTHER LIABILITY (1) THE SPECIAL DISABILITY FUND AND (2) THE INSURANCE CARRIER, INCLUDING AS THE CASE MAY BE THE STATE INSURANCE FUND, ORIGINALLY LIABLE FOR ANY CLAIM COVERED BY THE ASSUMPTION OF WORKERS' COMPENSATION LIABIL- ITY INSURANCE POLICY SECURING SUCH FURTHER AND FUTURE CONTINGENT LIABIL- ITY AS MAY ARISE FOR ANY SUCH CLAIM, INCLUDING FROM PRIOR INJURIES TO EMPLOYEES AND BE INCURRED BY REASON OF ANY CHANGE IN THE CONDITION OF SUCH EMPLOYEES FOR PAYMENT OF ADDITIONAL COMPENSATION. NOTWITHSTANDING ANY OTHER PROVISIONS OF LAW, NO CONSULTATION OR APPROVAL OF ANY EMPLOY- ER, INSURANCE CARRIER, SELF-INSURER OR THE STATE INSURANCE FUND SHALL BE REQUIRED BEFORE SUCH OFFICE MAY ENTER INTO ANY SUCH POLICY OR WAIVER AGREEMENT, OR BEFORE THE BOARD MAY APPROVE SUCH WAIVER AGREEMENT. Any such procurement shall be conducted in accordance with state finance law, except as otherwise set forth below. The chair shall not award any contract that has not been approved by the special disability fund advi- sory committee. Notwithstanding the foregoing, the chair of the workers' S. 6405 32 A. 9005 compensation board may, if approved by the special disability fund advi- sory committee, and on such terms as the committee deems appropriate: (A) waive any informality in a bid, and either reject all bids and again advertise for bids, or interview at least two responsible quali- fied bidders and negotiate and enter into a contract with one or more of such bidders; or (B) group claims to be assigned, in whole or in part, based on the insurance carrier, self-insured employer or state insurance fund that is receiving or will receive reimbursement on those claims from the second disability fund. Such grouping shall be permissible notwithstanding that any insurance carrier may have greater access to information, or may be able to provide better terms, in regard to claims so grouped. (3) [Any such contract shall expressly provide that the special disa- bility fund is no longer liable for the claims covered by the contract, and require security of either cash, an indemnity policy, or such secu- rity as is otherwise sufficient to cover any losses incurred as a result of the failure or default of the entity or entities awarded any such contract, including as a result of the insolvency of any such entity. The chair may waive all or part of such security, and may impose other reasonable methods of insuring payment, upon approval of the special disability fund advisory committee] ANY POLICY EXECUTED BY THE CHAIR PURSUANT TO THIS SECTION SHALL BE IN THE FORM OF AN ASSUMPTION OF WORK- ERS' COMPENSATION LIABILITY INSURANCE POLICY SECURING SUCH FURTHER AND FUTURE CONTINGENT LIABILITY AS MAY ARISE FROM ANY CLAIM COVERED BY SUCH POLICY, INCLUDING PRIOR INJURIES TO WORKERS AND BE INCURRED BY REASON OF ANY CHANGE IN THE CONDITION OF SUCH WORKERS WARRANTING THE BOARD MAKING SUBSEQUENT AWARDS FOR PAYMENT OF ADDITIONAL COMPENSATION. SUCH POLICY SHALL BE IN A FORM APPROVED BY THE SUPERINTENDENT OF FINANCIAL SERVICES AND ISSUED BY THE STATE INSURANCE FUND OR ANY INSURANCE COMPANY LICENSED TO ISSUE THIS CLASS OF INSURANCE IN THIS STATE. IN THE EVENT THAT SUCH POLICY IS ISSUED BY AN INSURANCE COMPANY OTHER THAN THE STATE INSURANCE FUND, THEN SAID POLICY SHALL BE DEEMED OF THE KIND SPECIFIED IN PARA- GRAPH FIFTEEN OF SUBSECTION (A) OF SECTION ONE THOUSAND ONE HUNDRED THIRTEEN OF THE INSURANCE LAW AND COVERED BY THE WORKERS' COMPENSATION SECURITY FUND AS CREATED AND GOVERNED BY ARTICLE SIX-A OF THIS CHAPTER. SUCH POLICY SHALL ONLY BE ISSUED FOR A SINGLE COMPLETE PREMIUM PAID IN ADVANCE AND IN AN AMOUNT DEEMED ACCEPTABLE BY THE CHAIR AND THE SUPER- INTENDENT OF FINANCIAL SERVICES. WHEN ISSUED SUCH POLICY SHALL BE NON-CANCELLABLE WITHOUT RECOURSE FOR ANY CAUSE DURING THE CONTINUANCE OF THE LIABILITY SECURED AND SO COVERED. (4) Notwithstanding any other provision of this article, the waiver agreement management office may request in writing any information rele- vant to its entry into or management of waiver agreements from (A) any insurance carrier, employer, or the state insurance fund, if that entity has submitted a claim for reimbursement from the special disability fund as to the claimant to whom the information relates; or (B) the special funds conservation committee. The party to whom the request is made shall provide the requested information within fourteen days of the request, unless before that date it files an objection with the board to any information which is subject to a recognized privilege or whose production is otherwise barred by law. The objecting party shall provide the requested information within five business days of the board's rejection of its objection. (5) No carrier, self-insured employer or the state insurance fund shall assume the liability for, or management, administration or settle- ment of any claims under this section on which it holds reserves, beyond S. 6405 33 A. 9005 such reserves as are permitted by regulation of the superintendent of financial services for purposes of this provision. No carrier may assume liability for any claims in the special disability fund under this para- graph unless the carrier maintains, on a stand alone basis, separate from its parent or any affiliated entities, an interactive financial strength rating from a nationally recognized statistical rating organ- ization that is considered secure or deemed acceptable by the special disability fund advisory committee. (6) The director of the budget shall notify in writing the chairs of the senate finance committee and the assembly ways and means committee of any plans to transfer all or a portion of the portfolio of claims determined to be eligible for reimbursement from the special disability fund or to [contract with any party to take responsibility in whole or in part for the administration of a material portion of the claims, including the procurement process to be used to select parties involved in such transfer or contract] ENTER INTO AN ASSUMPTION OF WORKERS' COMPENSATION LIABILITY INSURANCE POLICY, not less than forty-five days prior to the commencement of such process. At any time borrowing is anticipated to settle claims, the chief executive officer of the dormi- tory authority of the state of New York and the director of the budget shall provide a report to the chairs of the senate finance committee and the assembly ways and means committee on a planned bond sale of the authority and such report shall include, but not be limited to: (A) the maximum amount of bonds expected to be sold by the authority in connection with a sale agreement; (B) the expected maximum interest rate and maturity date of such bonds; (C) the expected amount of the bonds that will be fixed and/or variable interest rate; (D) the estimated costs of issuance; (E) the estimated level or levels of reserve fund or funds, if any; (F) the estimated cost of bond issuance, if any; (G) the anticipated use or uses of the proceeds; (H) the maximum expected net proceeds that will be paid to the state as a result of the issuance of such bonds; and (I) the process to be used to select parties to the transaction. Any such expectations and estimates in the report shall not be deemed a substantive limitation on the authority of the dormitory authority of the state of New York. S 14. Subdivisions 1 and 8 of section 151 of the workers' compensation law, as added by section 22 of part GG of chapter 57 of the laws of 2013, are amended to read as follows: 1. The annual expenses necessary for the board to administer the provisions of this chapter, the volunteer ambulance workers' benefit law, the volunteer firefighters' benefit law, the disability benefits law, and the workmen's compensation act for civil defense volunteers shall be borne by affected employers securing compensation for their employees pursuant to section fifty of this chapter. The board shall collect such annual expenses from affected employers through assessments as provided by the provisions of this section, including for purposes of this subdivision: (a) the aggregate assessment amount described in subparagraph four of paragraph (h) of subdivision eight of section fifteen of this chapter for the special disability fund in accordance with each financing agreement described in such subparagraph, (b) the aggregate assessment amount described in section fifty-c of this chapter for the self-insurer offset fund in accordance with each financing agreement described in such section, (c) the AGGREGATE assessment amount described in subdivision three of section twenty-five-a of this chapter for the fund for reopened cases IN ACCORDANCE WITH EACH FINANCING AGREE- MENT DESCRIBED IN SUCH SECTION, and (d) the assessment amount described S. 6405 34 A. 9005 in section two hundred fourteen of this chapter for the special fund for disability benefits; provided, that the foregoing and any other provision of this chapter to the contrary notwithstanding, assessment receipts shall be applied first to fully fund the AGGREGATE amount described in subparagraph four of paragraph (h) of subdivision eight of section fifteen of this chapter PURSUANT TO A SPECIAL DISABILITY FUND FINANCING AGREEMENT ENTERED INTO BY THE DORMITORY AUTHORITY PRIOR TO MARCH THIRTY-FIRST, TWO THOUSAND THIRTEEN PURSUANT TO SECTION SIXTEEN HUNDRED EIGHTY-L OF THE PUBLIC AUTHORITIES LAW, and then to fully fund the AGGREGATE amount described in SUBPARAGRAPH FOUR OF PARAGRAPH (H) OF SUBDIVISION EIGHT OF SECTION FIFTEEN AND IN SUBDIVISION THREE OF SECTION TWENTY-FIVE-A OF THIS CHAPTER, AND IN section fifty-c of this chapter in accordance with each SUCH then applicable SPECIAL DISABILITY FUND FINANCING AGREEMENT ENTERED INTO BY THE DORMITORY AUTHORITY ON OR SUBSE- QUENT TO MARCH THIRTY-FIRST, TWO THOUSAND THIRTEEN, PURSUANT TO SECTION SIXTEEN HUNDRED EIGHTY-L OF THE PUBLIC AUTHORITIES LAW, WITH EACH SUCH THEN APPLICABLE FUND FOR REOPENED CASES FINANCING AGREEMENT ENTERED INTO BY THE DORMITORY AUTHORITY PURSUANT TO SUCH PROVISION OR WITH EACH THEN APPLICABLE SELF-INSURED BOND financing agreement [pursuant to such provisions] ENTERED INTO BY THE DORMITORY AUTHORITY PURSUANT TO SECTION SIXTEEN HUNDRED EIGHTY-L OF THE PUBLIC AUTHORITIES LAW, RESPECTIVELY, prior to application to any other purpose other than to pay any actual costs of collecting such assessment that are not otherwise funded. For purposes of this section, affected employer means all employers required to obtain workers' compensation coverage pursuant to this chapter. 8. The foregoing and every other [prevision] PROVISION of law to the contrary notwithstanding, all moneys received on account of the assess- ment authorized by this section shall be deposited upon receipt into the administrative clearing account held by the commissioner of taxation and finance and applied, as pledged assessments for purposes of sections sixteen hundred eighty-l and sixteen hundred eighty-q of the public authorities law and prior to any other application: first, in accordance with any other provision of any special disability fund financing agree- ment entered into prior to March thirty-first, two thousand thirteen, to the extent required to fully fund the then current payment and reserve requirements under such financing agreement WITH RESPECT TO THE BONDS ISSUED BY THE DORMITORY AUTHORITY PURSUANT TO SECTION SIXTEEN HUNDRED EIGHTY-L OF THE PUBLIC AUTHORITIES LAW PRIOR TO SUCH DATE; and second, in accordance with each special disability fund financing agreement ENTERED INTO ON OR SUBSEQUENT TO MARCH THIRTY-FIRST, TWO THOUSAND THIR- TEEN, EACH FUND FOR REOPENED CASES FINANCING AGREEMENT and each self-in- sured bond financing agreement, to the extent required to fully fund the then current payment and reserve requirements under each such financing agreement [entered into after March thirty-first, two thousand thirteen] with respect to bonds issued by the dormitory authority pursuant to either section sixteen hundred eighty-l or section sixteen hundred eighty-q of the public authorities law, on a pari passu basis without preference or priority among all such other bonds. Such monies shall not be commingled with any other monies in the commissioner's custody prior to the completion of such application and shall not be deemed to be part of the state treasury or of any funds under management of the state OR BE DEEMED MONEY OF THE STATE OR MONEY UNDER CONTROL OF THE STATE. This section shall not be deemed to authorize any infringement upon the rights of holders of such bonds issued or to be issued under such sections of the public authorities law. The provisions of this section may be included by the dormitory authority in any contract with the S. 6405 35 A. 9005 holders of any such bonds. The operation of this section and the appli- cation of the receipts of the assessment authorized by this section shall be subject to the provisions of each financing agreement author- ized pursuant to subparagraph four of paragraph (h) of subdivision eight of section fifteen [or to] OF THIS CHAPTER, section fifty-c of this chapter, OR SUBDIVISION THREE OF SECTION TWENTY-FIVE-A OF THIS CHAPTER and this section shall not be deemed to authorize any infringement upon the rights of holders of bonds issued or to be issued pursuant to either such provision. S 15. Subdivision 3 of section 25 of the workers' compensation law is amended by adding a new paragraph (g) to read as follows: (G) NOTWITHSTANDING ANY OTHER PROVISION IN THIS CHAPTER, THE CHAIR MAY BY REGULATION ELECT TO ESTABLISH A PERFORMANCE STANDARD CONCERNING THE SUBJECT OF ANY PENALTY OR ASSESSMENT PROVISION APPLICABLE TO AN INSUR- ANCE CARRIER OR SELF-INSURED EMPLOYER, WHERE SUCH PENALTY OR ASSESSMENT IS REMITTABLE TO THE NEW YORK STATE TREASURY, OR CHAIR, BUT NOT TO CLAIMANTS OR ANY OTHER PAYEE OR FUND, AND IMPOSE A SINGLE PENALTY OR ASSESSMENT UPON THE FAILURE TO MEET THAT PROMULGATED STANDARD, WITH NOTICE TO THE CARRIER OR SELF-INSURED EMPLOYER. THE PENALTY OR ASSESS- MENT IMPOSED IN THE AGGREGATE SHALL BE PAYABLE TO THE CHAIR. SUCH AGGRE- GATE PENALTY OR ASSESSMENT IMPOSED IN THE AGGREGATE SHALL BE PAYABLE TO THE CHAIR. SUCH AGGREGATE PENALTY OR ASSESSMENT SHALL BE BASED UPON THE NUMBER OF VIOLATIONS AS MULTIPLIED AGAINST THE APPLICABLE PENALTY OR ASSESSMENT, BUT MAY BE NEGOTIATED BY THE CHAIR'S DESIGNEE IN FULL SATIS- FACTION OF THE PENALTY OR ASSESSMENT. A FINAL AGREEMENT BETWEEN THE CHAIR'S DESIGNEE AND THE CARRIER OR SELF-INSURED EMPLOYER MAY BE SUBMIT- TED AND APPROVED SUBJECT TO SECTION THIRTY-TWO OF THIS ARTICLE, WITHOUT NOTICE TO ANY CLAIMANT. ANY AGGREGATE PENALTY OR ASSESSMENT ISSUED IN THIS SECTION SHALL BE ISSUED ADMINISTRATIVELY, AND THE CHAIR MAY, BY REGULATION, SPECIFY THE METHOD OF REVIEW OR REDETERMINATION, AND THE PRESENTMENT OF EVIDENCE AND OBJECTIONS SHALL OCCUR SOLELY UPON THE DOCUMENTATION. THE CARRIER OR SELF-INSURED EMPLOYER SHALL RECEIVE CREDIT FOR ANY INSTANCES IN WHICH THE AGGREGATE PENALTY OR ASSESSMENT IS INCLU- SIVE OF A PENALTY OR ASSESSMENT PREVIOUSLY ISSUED AND PAID IN AN INDI- VIDUAL CLAIM OR PROCEEDING. A FINAL DETERMINATION IS SUBJECT TO REVIEW UNDER SECTION TWENTY-THREE OF THIS ARTICLE, EXCEPT THAT NO STAY IN PAYMENT OF THE PENALTY OR ASSESSMENT SHALL APPLY PENDING THE OUTCOME OF THE APPLICATION FOR ADMINISTRATIVE REVIEW. FAILURE TO PAY THE FINALLY DETERMINED PENALTY OR ASSESSMENT, OR THE PENALTY OR ASSESSMENT AGREED UPON PURSUANT TO SECTION THIRTY-TWO OF THIS ARTICLE, WITHIN TEN DAYS OF FILING, SHALL RESULT IN THE IMPOSITION OF A TWENTY PERCENT PENALTY, PAYABLE TO THE CHAIR. IN THE EVENT OF THE CARRIER OR SELF-INSURED EMPLOYER INSTITUTING OR CONTINUING AN ISSUE WITHOUT REASONABLE GROUNDS, THE PROVISIONS OF SUBDIVISION THREE OF SECTION ONE HUNDRED FOURTEEN-A OF THIS CHAPTER SHALL BE APPLICABLE. S 16. Subparagraph (c) of paragraph 7 of subdivision 3-a of section 50 of the workers' compensation law, as amended by section 4 of part R of chapter 56 of the laws of 2010, is amended to read as follows: (c) Upon the assumption of the assets and liabilities of a group self- insurer by the chair or his or her designee pursuant to regulation of the chair, all records, documents and files of whatever nature, pertain- ing to the group self-insurer, INCLUDING BUT NOT LIMITED TO ANY PROCURE- MENT RECORDS OF THE GROUP SELF-INSURER WITH RESPECT TO AN ASSUMPTION OF WORKERS' COMPENSATION LIABILITY INSURANCE POLICY, be they in the possession of the group self-insurer or a third party, and all remaining assets of the group self-insurer, shall become the property of the S. 6405 36 A. 9005 chair. All custodians of such records and/or funds shall turn over to the chair or his designee all such original records upon demand. S 17. Subdivision 3 of section 50 of the workers' compensation law, as amended by section 3 of part G of chapter 57 of the laws of 2011 and the closing paragraph as further amended by section 104 of part A of chapter 62 of the laws of 2011, is amended to read as follows: 3. By furnishing satisfactory proof to the chair of his financial ability to pay such compensation for himself, [or to pay such compen- sation on behalf of a group of employers in accordance with subdivision ten of this section, in which case the chair shall require the] IN WHICH CASE ALL ELIGIBLE INDIVIDUAL SELF-INSURED EMPLOYERS SHALL COLLECTIVELY SECURE THEIR LIABILITY FOR THE PAYMENT OF WORKERS' COMPENSATION OBLI- GATIONS THROUGH PARTICIPATION IN THE POOLED INDIVIDUAL SELF-INSURED EMPLOYER FUND. NOTWITHSTANDING ANY OTHER PROVISION OF THIS SECTION, THE CHAIR SHALL, BY REGULATION, SET MINIMUM CREDIT, FINANCIAL, OR OTHER CONDITIONS THAT AN INDIVIDUAL SELF-INSURED EMPLOYER MUST MEET IN ORDER TO PARTICIPATE IN THE POOLED SECURITY SYSTEM. IN THE EVENT ANY EXISTING INDIVIDUAL SELF-INSURED EMPLOYER IS UNABLE TO MEET THE CONDITIONS SET BY THE CHAIR, THE EXISTING INDIVIDUAL SELF-INSURED EMPLOYER SHALL BE EXCLUDED FROM PARTICIPATION IN THE POOLED INDIVIDUAL SELF-INSURED EMPLOYER FUND AND THE EXISTING INDIVIDUAL SELF-INSURED EMPLOYER SHALL POST A SEPARATE SECURITY DEPOSIT IN THE MANNER PROVIDED BY PARAGRAPH (H) OF THIS SUBDIVISION. THE CHAIR SHALL PROMULGATE REGULATIONS REQUIRING THE CHAIR TO SET AN AGGREGATE SECURITY REQUIREMENT FOR ALL INDIVIDUAL SELF-INSURED EMPLOYERS PARTICIPATING IN THE POOLED INDIVIDUAL SELF-IN- SURED EMPLOYER FUND BASED ON A REVIEW OF ALL PARTICIPATING INDIVIDUAL SELF-INSURED EMPLOYERS ANNUAL REPORTS AND ANY OTHER INFORMATION AS MAY BE SPECIFIED BY THE CHAIR. THE CHAIR SHALL PROCURE AND MAINTAIN IN THE POOLED INDIVIDUAL SELF-INSURED EMPLOYER FUND A COMBINATION OF CASH AND INVESTMENT SECURITIES SATISFACTORY TO PROVIDE ADEQUATE SECURITY TO SECURE THE PAYMENT OF THE AGGREGATE WORKERS' COMPENSATION OBLIGATIONS OF ALL INDIVIDUAL SELF-INSURED EMPLOYERS PARTICIPATING IN THE FUND AS WELL AS ANY AMOUNTS AS MAY BE REASONABLY NECESSARY TO PAY FOR THE ADMINISTRA- TIVE AND OTHER ACTIVITIES OF THE FUND. THIS AMOUNT SHALL BE KNOWN AS THE AGGREGATE POOLED SECURITY AMOUNT. EACH PARTICIPATING INDIVIDUAL SELF-IN- SURED EMPLOYER SHALL PAY THE INITIAL ENTRY FEE REQUIRED HEREIN DURING THEIR FIRST YEAR OF PARTICIPATION IN THE FUND. THIS AMOUNT SHALL BE KNOWN AS THE POOL DEPOSIT FEE. THEREAFTER, ON AN ANNUAL BASIS, THE CHAIR SHALL EVALUATE THE CONDITION AND SUFFICIENCY OF THE AGGREGATE POOLED SECURITY AMOUNT. WHERE NECESSARY, THE CHAIR SHALL REQUIRE EACH PARTIC- IPATING INDIVIDUAL SELF-INSURED EMPLOYER TO PAY A PARTICIPATION FEE, ON A PRO RATA BASIS, SUFFICIENT TO BRING THE POOLED INDIVIDUAL SELF-INSURED EMPLOYER FUND UP TO THE AGGREGATE POOLED SECURITY AMOUNT. THIS AMOUNT SHALL BE KNOWN AS THE POOL PARTICIPATION FEE. A PARTICIPATING INDIVIDUAL SELF-INSURED EMPLOYER'S OBLIGATION TO PAY EITHER THE POOL DEPOSIT FEE OR SUBSEQUENT POOL PARTICIPATION FEES SHALL CONTINUE, REGARDLESS OF THE INDIVIDUAL SELF-INSURED EMPLOYER'S CESSATION OF PARTICIPATION IN THE POOLED INDIVIDUAL SELF-INSURED EMPLOYER FUND, FOR SO LONG AS THE FORMER SELF-INSURED EMPLOYER SHALL CONTINUE TO HAVE WORKERS' COMPENSATION OBLI- GATIONS ATTRIBUTABLE TO ITS PERIOD OF PARTICIPATION IN THE POOLED INDI- VIDUAL SELF-INSURED EMPLOYER FUND. (A) IN ORDER TO PROVIDE FOR THE AGGREGATE POOLED SECURITY AMOUNT, EACH PARTICIPATING INDIVIDUAL SELF-INSURED EMPLOYER SHALL PAY TO THE CHAIR ITS POOL DEPOSIT FEE AND ANY ANNUAL POOL PARTICIPATION FEE WITHIN THIRTY DAYS OF DEMAND BY THE CHAIR. THE AMOUNT OF THE POOL DEPOSIT FEE AND POOL PARTICIPATION FEE PAID BY EACH PARTICIPATING INDIVIDUAL SELF-INSURED S. 6405 37 A. 9005 EMPLOYER SHALL BE SET BY THE CHAIR, BASED ON HIS OR HER REASONABLE CONSIDERATION, OF ALL THE FOLLOWING FACTORS: (I) THE TOTAL AMOUNT NEEDED TO PROVIDE THE POOLED SECURITY DEPOSIT AMOUNT; (II) THE INDIVIDUAL SELF-INSURED EMPLOYER'S PAID OR INCURRED LIABIL- ITIES AS REFLECTED IN ITS ANNUAL REPORT; (III) THE FINANCIAL STRENGTH AND CREDITWORTHINESS OF THE INDIVIDUAL SELF-INSURED EMPLOYER; (IV) ANY OTHER REASONABLE FACTORS AS MAY BE AUTHORIZED BY REGULATION. (B) WITHIN THIRTY (30) BUSINESS DAYS OF THE PARTICIPATING INDIVIDUAL SELF-INSURED EMPLOYER PAYING ITS POOL DEPOSIT FEE, THE CHAIR SHALL RELEASE THE SECURITY DEPOSIT POSTED BY THE SELF-INSURED EMPLOYER AND HELD BY THE CHAIR PURSUANT TO PARAGRAPH (H) OF THIS SECTION. UPON PAYMENT OF THE POOL DEPOSIT FEE AND ANY SUBSEQUENT POOL PARTICIPATION FEES, AND EXCEPT AS PROVIDED HEREIN, THE INDIVIDUAL SELF-INSURED EMPLOY- ER LOSES ALL RIGHT, TITLE, AND INTEREST IN THE POOL DEPOSIT FEE AND POOL PARTICIPATION FEE. TO THE EXTENT THAT IN ANY ONE YEAR THE POOL DEPOSIT FEE OR POOL PARTICIPATION FEE PAID BY ALL PARTICIPATING INDIVIDUAL SELF-INSURERS IS NOT EXHAUSTED IN THE PURCHASE OF INVESTMENT SECURITIES OBTAINED BY THE CHAIR AS PART OF THE AGGREGATE POOLED SECURITY AMOUNT, THE SURPLUS SHALL REMAIN WITH THE CHAIR AND THE PRINCIPAL AND INTEREST EARNED ON THAT SURPLUS SHALL BE USED TO REDUCE ANY FUTURE POOL FEES IN SUBSEQUENT YEARS. (C) IF ANY PARTICIPATING INDIVIDUAL SELF-INSURED EMPLOYER OBJECTS TO THE CALCULATION, POSTING, OR ANY OTHER ASPECT OF ITS POOL FEES, UPON PAYMENT OF THE POOL FEE IN THE TIME PROVIDED, THE EMPLOYER SHALL HAVE THE RIGHT TO APPEAL THE POOL FEE TO THE CHAIR, WHO SHALL HAVE EXCLUSIVE JURISDICTION OVER THIS DISPUTE. IF ANY PARTICIPATING INDIVIDUAL SELF-IN- SURED EMPLOYER FAILS TO PAY EITHER ITS POOL DEPOSIT FEE OR POOL PARTIC- IPATION FEE IN THE TIME PROVIDED, THE EMPLOYER SHALL: (I) BE REMOVED FROM THE POOLED INDIVIDUAL SELF-INSURED EMPLOYER FUND; AND (II) PAY A PENALTY OF NOT LESS THAN TEN (10) PERCENT NOR MORE THAN THIRTY (30) PERCENT OF ITS POOL FEE. THE PENALTY SHALL BE PAID DIRECTLY TO THE POOLED INDIVIDUAL SELF-INSURED EMPLOYER FUND. IN THE EVENT THAT THE SELF-INSURED EMPLOYER FAILS OR NEGLECTS TO PAY THE PENALTY WITHIN THIRTY DAYS, THE EMPLOYER SHALL BE DEEMED IN DEFAULT IN THE PAYMENT OF COMPEN- SATION TO ITS EMPLOYEES AND THE CHAIR MAY FILE A JUDGMENT AGAINST THE SELF-INSURED EMPLOYER, PURSUANT TO THE PROVISIONS OF SECTION TWENTY-SIX OF THIS CHAPTER, IN THE AMOUNT OF THE UNPAID PENALTY. THE CHAIR MAY ALSO REVOKE THE AUTHORIZATION TO SELF-INSURE OF ANY INDIVIDUAL SELF-INSURED EMPLOYER WHO FAILS TO PAY A POOL FEE IN THE TIME PROVIDED IN WHICH CASE THE EMPLOYER MUST INSURE THE PAYMENT OF SUCH COMPENSATION IN THE STATE FUND OR WITH ANY STOCK CORPORATION, MUTUAL CORPORATION OR RECIPROCAL INSURER AUTHORIZED TO TRANSACT THE BUSINESS OF WORKERS' COMPENSATION INSURANCE IN THIS STATE THROUGH A POLICY ISSUED UNDER THE LAW OF THIS STATE WITHIN THIRTY DAYS. (D) UPON THE CHAIR'S POSTING OF THE AGGREGATE POOLED SECURITY AMOUNT IN THE POOLED INDIVIDUAL SELF-INSURED EMPLOYER FUND, SAID SECURITY SHALL BE HELD UNTIL THE CHAIR DETERMINES THAT A PARTICIPATING INDIVIDUAL SELF-INSURED EMPLOYER HAS FAILED OR NEGLECTED TO MEET ITS WORKERS' COMPENSATION OBLIGATIONS AS REQUIRED BY THIS CHAPTER, AND THE CHAIR ORDERS THE POOLED INDIVIDUAL SELF-INSURED EMPLOYER FUND TO COMMENCE PAYMENT OF SUCH UNMET SELF-INSURANCE OBLIGATIONS. UPON ORDERING THE POOLED INDIVIDUAL SELF-INSURED EMPLOYER FUND TO COMMENCE PAYMENT, THE CHAIR SHALL UTILIZE THE AGGREGATE POOLED SECURITY AMOUNT NECESSARY TO MEET THE WORKERS' COMPENSATION OBLIGATIONS OF THE DEFAULTING PARTICIPAT- S. 6405 38 A. 9005 ING INDIVIDUAL SELF-INSURED EMPLOYER. IN THE EVENT ADDITIONAL FUNDS ARE NEEDED IN FUTURE YEARS TO MEET THE WORKERS' COMPENSATION OBLIGATIONS OF ANY FORMER PARTICIPATING INDIVIDUAL SELF-INSURED EMPLOYER, WHO THEREAFT- ER DEFAULTS WITH RESPECT TO ITS OBLIGATIONS INCURRED DURING ITS PERIOD OF PARTICIPATION IN THE POOLED INDIVIDUAL SELF-INSURED EMPLOYER FUND, THE CHAIR SHALL MAKE AVAILABLE TO THE POOLED INDIVIDUAL SELF-INSURED EMPLOYER FUND ANY PORTIONS OF THE AGGREGATE POOLED SECURITY AMOUNT AS MAY BE NEEDED TO PAY THOSE BENEFITS. IN THE DISCRETION OF THE CHAIR, IN THE EVENT THAT THE OBLIGATIONS ASSOCIATED WITH THE DEFAULT OF PARTIC- IPATING INDIVIDUAL SELF-INSURED EMPLOYERS ARE SUCH THAT THEY JEOPARDIZE THE SOLVENCY OF THE POOLED INDIVIDUAL SELF-INSURED EMPLOYER FUND, THE CHAIR MAY ISSUE BONDS, CONSISTENT WITH SECTION SIXTEEN HUNDRED EIGHTY-Q OF THE PUBLIC AUTHORITIES LAW, TO MEET SUCH UNMET OBLIGATIONS OF SELF-INSURED EMPLOYERS. (E) THE CASH PORTION OF THE AGGREGATE POOLED SECURITY AMOUNT SHALL BE SEGREGATED FROM ALL OTHER FUNDS HELD BY THE CHAIR, AND SHALL BE INVESTED BY THE CHAIR FOR THE SOLE BENEFIT OF THE POOLED INDIVIDUAL SELF-INSURED EMPLOYER FUND, AND MAY NOT BE USED FOR ANY OTHER PURPOSE BY THE STATE. THE COMMISSIONER OF TAX AND FINANCE SHALL BE THE CUSTODIAN OF THE POOLED INDIVIDUAL SELF-INSURED EMPLOYER FUND. (F) THE CHAIR SHALL IMPLEMENT THE PROVISIONS OF THIS SUBDIVISION BY PROMULGATING RULES AND REGULATIONS BUT NO SUCH RULES OR REGULATIONS SHALL BE NECESSARY FOR ANY PROVISION OF THIS SUBDIVISION TO BE EFFEC- TIVE. (G) FOR THOSE INDIVIDUAL EMPLOYERS SELF-INSURING PURSUANT TO PARAGRAPH (H) OF THIS SUBDIVISION, SAID EMPLOYERS SHALL ALSO PAY AN ANNUAL FEE TO THE CHAIR FOR DEPOSIT INTO THE POOLED INDIVIDUAL SELF-INSURANCE FUND. THE CHAIR SHALL CALCULATE THIS ANNUAL FEE IN THE SAME MANNER AS POOL FEES SET FORTH ABOVE. (H) FOR THOSE EMPLOYERS WHO SELF-INSURED INDIVIDUALLY AS OF THE EFFEC- TIVE DATE OF THE POOLED INDIVIDUAL SELF-INSURED EMPLOYER FUND BUT WHICH DO NOT MEET THE QUALIFICATIONS FOR PARTICIPATION THEREIN, SUCH INDIVID- UAL SELF-INSURED EMPLOYER SHALL deposit with the chair of such securi- ties as the chair may deem necessary of the kind prescribed in subdivi- sions one, two, three, four and five, and subparagraph (a) of paragraph three of subdivision seven of section two hundred thirty-five of the banking law, or the deposit of cash, or the filing of irrevocable letters of credit issued by a qualified banking institution as defined by rules promulgated by the chair or the filing of a bond of a surety company authorized to transact business in this state, in an amount to be determined by the chair, or the posting and filing as aforesaid of a combination of such securities, cash, irrevocable letters of credit and surety bond in an amount to be determined by the chair, to secure his liability to pay the compensation provided in this chapter. Any such surety bond must be approved as to form by the chair. If an employer [or group of employers] posts and files a combination of securities, cash, irrevocable letters of credit and surety bond as aforesaid, and if it becomes necessary to use the same to pay the compensation provided in this chapter, the chair shall first use such securities or cash or irre- vocable letters of credit and, when the full amount thereof has been exhausted, he shall then require the surety to pay forthwith to the chair all or any part of the penal sum of the bond for that purpose. The chair may also require an agreement on the part of the employer [or group of employers] to pay any awards commuted under section twenty-sev- en of this chapter, into the special fund of the state fund, as a condi- tion of his being allowed to remain [uninsured] SELF-INSURED pursuant to S. 6405 39 A. 9005 this section. The chair shall have the authority to deny the application of an employer [or group of employers] to pay such compensation for himself or to revoke his consent furnished, under this section at any time, for good cause shown. [The] AN INDIVIDUAL employer [or group of employers] qualifying under this subdivision shall be known as [a] AN INDIVIDUAL self-insurer. If for any reason the status of an employer [or group of employers] under this subdivision is terminated, the securities or the surety bond, or the securities, cash, or irrevocable letters of credit and surety bond, on deposit referred to herein shall remain in the custody of the chair for such time as the chair may deem proper and warranted under the circumstances. In lieu thereof, and at the discretion of the chair, the employer, his or her heirs or assigns or others carrying on or liquidat- ing such business, may execute an assumption of workers' compensation liability insurance policy securing such further and future contingent liability as may arise from prior injuries to workers and be incurred by reason of any change in condition of such workers warranting the board making subsequent awards for payment of additional compensation. Such policy shall be in a form approved by the superintendent of financial services and issued by the state fund or any insurance company licensed to issue this class of insurance in this state. In the event that such policy is issued by an insurance company other than the state fund, then said policy shall be deemed of the kind specified in paragraph fifteen of subsection (a) of section one thousand one hundred thirteen of the insurance law and covered by the workers' compensation security fund as created and governed by article six-A of this chapter. It shall only be issued for a single complete premium payment in advance by the employer [or group of employers] and in an amount deemed acceptable by the chair and the superintendent of financial services. In lieu of the applicable premium charge ordinarily required to be imposed by a carrier, said premium shall include a surcharge in an amount to be determined by the chair to: (i) satisfy all assessment liability due and owing to the board and/or the chair under this chapter; and (ii) satisfy all future assessment liability under this section[, and which surcharge shall be adjusted from time to time to reflect any changes to the assessment of group self-insured employers, including any changes enacted by the chap- ter of the laws of two thousand eleven amending sections fifteen and one hundred fifty-one of this chapter]. Said surcharge shall be payable to the board simultaneous to the execution of the assumption of workers' compensation liability insurance policy. However, the payment of said surcharge does not relieve the carrier from any other liability, includ- ing liability owed to the superintendent of financial services pursuant to article six-A of this chapter. When issued such policy shall be non- cancellable without recourse for any cause during the continuance of the liability secured and so covered. (I) THERE IS ESTABLISHED AN ADVISORY COMMITTEE FOR THE POOLED EMPLOYER FUND WHOSE MEMBERSHIP SHALL CONSIST OF THE CHAIR OR HIS OR HER DESIGNEE, FOUR REPRESENTATIVES OF INDIVIDUAL SELF-INSURERS NOMINATED BY THE NEW YORK STATE SELF-INSURANCE ASSOCIATION AND APPROVED BY THE CHAIR, AND FOUR MEMBERS TO BE APPOINTED BY THE GOVERNOR AS FOLLOWS: ONE UPON NOMI- NATION OF THE SPEAKER OF THE ASSEMBLY, ONE UPON NOMINATION OF THE PRESI- DENT OF THE SENATE, AND TWO OTHERS WITHOUT LIMITATION. THE ADVISORY COMMITTEE SHALL MEET NO LESS THAN ANNUALLY AND SHALL PREPARE A REPORT AVAILABLE TO THE PUBLIC FOR INSPECTION ON OR BEFORE FEBRUARY FIRST, OF EACH YEAR MAKING RECOMMENDATIONS CONCERNING: (I) THE STANDARDS FOR PARTICIPATION IN THE POOL; S. 6405 40 A. 9005 (II) THE ADEQUACY OF THE FUNDING OF THE POOL; (III) PAYMENT OF CLAIMS INSURED BY DEFAULTED POOL PARTICIPANTS; (IV) THE LONG TERM VIABILITY OF THE POOL; AND (V) SUCH OTHER TOPICS RELATED TO THE POOL AS THE ADVISORY COMMITTEE MAY DEEM NECESSARY. S 18. Paragraphs c, f, and g of subdivision 5 of section 50 of the workers' compensation law, as amended by chapter 139 of the laws of 2008, are amended to read as follows: c. (1) The chair and the department of audit and control as soon as practicable after May first, nineteen hundred sixty, and annually there- after, as soon as practicable after April first in each succeeding year, shall ascertain the total amount of net expenses, including (a) adminis- trative expenses, which shall include the direct costs of personal services, the cost of maintenance and operation, the cost of retirement contributions made and workers' compensation premiums paid by the State for or on account of personnel, rentals for space occupied in state owned or state leased buildings, and (b) all direct or indirect costs incurred by the board during the preceding fiscal year in carrying out the provisions of subdivision three and three-a of this section EXCEPT THOSE EXPENSES ASSOCIATED WITH THE POOLED INDIVIDUAL SELF-INSURED EMPLOYERS FUND. Such expenses shall be adjusted quarterly to reflect any change in circumstances, and shall be assessed against all private self-insured employers, including for this purpose active and terminated group self-insurers, active individual self-insured employers, and indi- vidual self-insured employers who have ceased to exercise the privilege of self-insurance INCLUDING THOSE INDIVIDUAL SELF-INSURED EMPLOYERS PARTICIPATING IN THE POOLED INDIVIDUAL SELF-INSURED EMPLOYERS FUND. (2) Such expenses shall be assessed against all self-insurers includ- ing for this purpose employers who have ceased to exercise the privilege of self-insurance. The basis of apportionment of the assessment against each self-insurer shall be a sum equal to that proportion of the amount which the indemnity payment for each self-insurer bore to the total indemnity payments for all self-insurers for the calendar year which ended within the preceding state fiscal year. All such assessments when collected shall be deposited into a fund which shall be used to reim- burse the appropriations theretofore made by the state for the payment of the expenses of administering this chapter. [(3) Pure premium for assessments made prior to January first, two thousand nine against individual and group self-insurers who ceased to self-insure shall be based on payroll at the time the individual or group self-insurer has ceased to self-insure, reduced by a factor reflecting the reduction in the group or individual self-insurer's self- insurance liabilities since ceasing to self-insure.] f. Whenever the chair shall determine that the compensation and bene- fits provided by this chapter may be unpaid by reason of the default of an insolvent private self-insured employer, including a private group self-insurer, EXCEPT AN INDIVIDUAL SELF-INSURED EMPLOYER PARTICIPATING IN THE POOLED INDIVIDUAL SELF-INSURED EMPLOYERS FUND, the chair shall pay such compensation and benefits from administration expenses as provided in section one hundred fifty-one of this chapter upon audit and warrant of the comptroller upon vouchers approved by the chair. Such payments shall be considered expenses of administration. The chair shall be reimbursed therefor from the surety bond, cash or securities held or, if such surety bond, securities or cash is insufficient, by the employ- er, its receiver, liquidator, rehabilitator or trustee in bankruptcy. All moneys reimbursed to the chair or recovered by the chair in an S. 6405 41 A. 9005 action or proceeding to secure such reimbursement shall forthwith be applied as a credit against the expenses on which the assessment levied upon all private self-insured employers, in accordance with paragraphs c and e of this subdivision, is calculated. g. Whenever the chair shall determine that the compensation and bene- fits provided by this chapter may be unpaid by reason of the default of an insolvent private self-insured employer, including a private group self-insurer, EXCEPT AN INDIVIDUAL SELF-INSURED EMPLOYER PARTICIPATING IN THE POOLED INDIVIDUAL SELF-INSURED EMPLOYERS FUND, the chair shall levy an assessment against all private self-insured employers, including private group self-insurers, in accordance with paragraphs c and e of this subdivision to assure prompt payment of such compensation and bene- fits. Whenever compensation and benefits are unpaid by reason of such default, the chair shall promptly pay such compensation and benefits from administration expenses as provided in section one hundred fifty- one of this chapter upon audit and warrant of the comptroller upon vouchers approved by the chair. Nothing in this paragraph shall preclude the chair from recovering the moneys it expends from its administrative expenses against the defaulted individual self-insurer, or the members of the defaulted group self-insurer, as otherwise permitted by this chapter. S 19. Section 134 of the workers' compensation law is amended by adding a new subdivision 5 to read as follows: 5. IN ACCORDANCE WITH RULES ADOPTED BY THE DEPARTMENT OF LABOR IN CONSULTATION WITH THE DEPARTMENT OF FINANCIAL SERVICES AND THE WORKERS' COMPENSATION BOARD AND UPON RECEIPT OF THE WRITTEN NOTIFICATION SET FORTH IN SUBDIVISION TWO OF THIS SECTION, THE EMPLOYER'S NAME AND OTHER RELEVANT INFORMATION SHALL BE ADDED TO A PUBLISHED LIST OF ALL EMPLOYERS WHOSE MOST RECENT ANNUAL PAYROLL IS IN EXCESS OF EIGHT HUNDRED THOUSAND DOLLARS AND WHOSE MOST RECENT EXPERIENCE RATING EXCEEDS THE LEVEL OF 1.2. NO EMPLOYER SHALL BE REMOVED FROM SUCH LIST UNTIL SUCH TIME AS THE EMPLOYER SUBMITS TO THE DEPARTMENT OF LABOR THE CERTIFICATION OF COMPLETION OF THE WORKPLACE SAFETY AND LOSS PREVENTION PROGRAM PRESCRIBED HEREIN. INSURERS THAT ISSUE WORKERS' COMPENSATION COVERAGE SHALL CONSULT SUCH LIST PRIOR TO ISSUING A POLICY AND SHALL, IF APPLICA- BLE, IMPOSE THE SURCHARGE OF THE EMPLOYER'S MANUAL RATE PREMIUM IN ACCORDANCE WITH SUBDIVISION THREE OF THIS SECTION MEASURED FROM THE DATE OF WRITTEN NOTIFICATION IN SUBDIVISION TWO OF THIS SECTION. S 20. Section 140 of the workers' compensation law, as amended by chapter 57 of the laws of 1951, is amended to read as follows: S 140. [Workmen's] WORKERS' compensation board. The [workmen's] WORK- ERS' compensation board in the department of labor is hereby continued. Such board shall consist of [thirteen] SEVEN members, at least [four] THREE of whom shall be attorneys and counsellors-at-law duly admitted to practice in this state. The members of the board shall be appointed by the governor, by and with the advice and consent of the senate. The members of the board in office, together with the additional members and the members appointed to fill vacancies, if any, at the time this section takes effect, shall continue, notwithstanding the appointment of any of the members for a term expiring on a different date, to hold office for terms to be assigned by the governor by and with the advice and consent of the senate[; two such terms to expire on December thir- ty-first, nineteen hundred fifty; two to expire on December thirty- first, nineteen hundred fifty-one; two to expire on December thirty- first, nineteen hundred fifty-two; two to expire on December thirty-first, nineteen hundred fifty-three; two to expire on December S. 6405 42 A. 9005 thirty-first, nineteen hundred fifty-four; two to expire on December thirty-first, nineteen hundred fifty-five; and one to expire on December thirty-first, nineteen hundred fifty-six. The]. UPON THE EXPIRATION OF A SEVEN YEAR TERM, THE members next appointed, except to fill a vacancy created otherwise than by expiration of term, shall be appointed for terms of seven years. The governor shall designate one of the members of the board as chairman and another as vice-chairman. S 21. Section 142 of the workers' compensation law, as added by chap- ter 74 of the laws of 1945, subdivision 2 as amended by chapter 608 of the laws of 1989, the opening paragraph of subdivision 2 as amended by section 12 of part GG of chapter 57 of the laws of 2013, section 5 as amended by chapter 924 of the laws of 1990, subdivision 6 as added by chapter 635 of the laws of 1996 and subdivision 7 as added by chapter 452 of the laws of 2005, is amended to read as follows: S 142. General powers and duties of the [workmen's] WORKERS' compen- sation board. 1. The [workmen's] WORKERS' compensation board shall have power to hear and determine all claims for compensation or benefits or relating to special funds created under the provisions of this chapter, in the manner provided by this chapter; to require medical service for injured employees as provided by this chapter; to approve and fix attor- ney's fees and claims for medical service to the extent provided in this chapter; to excuse failure to give notice either of injury or death of an employee, to approve agreements, to modify or rescind awards, to make conclusions of fact and rulings of law, to certify questions to the appellate division of the supreme court, to enter orders in appealed cases, to determine the time for the payment of compensation, to order the reimbursement of employers for amounts advanced, to assess penal- ties, to commute awards, to compromise actions for the collection of awards, to require or permit employers to deposit the present value of awards in the aggregate trust fund of the state fund, to determine by rule the assignment of a minor's right to sue a third party, to require guardianship for minor dependents, to hear and determine claims under the occupational disease act, to order physical examinations, to take testimony by depositions; and to have and exercise all other powers and duties, exclusive of purely administrative functions, originally conferred or imposed upon the [workmen's] WORKERS' compensation commis- sion by this chapter, or by any other statute, and by chapter six hundred and seventy-four of the laws of nineteen hundred fifteen conferred and imposed upon the industrial commission, and by chapter fifty of the laws of nineteen hundred twenty-one conferred and imposed upon the industrial board. For the purpose of exercising such powers and performing such duties, the [workmen's] WORKERS' compensation board shall be deemed to be a continuation of the industrial board provided for by the provisions of the labor law; and all proceedings under this chapter pending before such board are hereby transferred to the [work- men's] WORKERS' compensation board without prejudice to the rights of any party to such proceeding. The [workmen's] WORKERS' compensation board, subject to the provisions of this chapter and of the provisions of the labor law as to the distribution of functions, shall succeed to all the rights, powers, duties and obligations of the department of labor, the industrial commissioner and the industrial board, in so far as they relate to [workmen's] WORKERS' compensation, as heretofore constituted, except such as are vested in the chairman of the board by this article and except with respect to article six of this chapter. S. 6405 43 A. 9005 Whenever the term "industrial board" or the "chairman" or "vice-chair- man" thereof appears in this chapter or in the provisions of the labor law after the time this article takes effect, it shall be construed to mean the [workmen's] WORKERS' compensation board or the chairman there- of, as created by the provisions of this chapter, as may be required by the context unless the contrary shall be indicated. 2. [Any] EXCEPT AS SET FORTH IN SUBDIVISION THREE OF THIS SECTION, ANY review, hearing, rehearing, inquiry or investigation required or author- ized to be conducted or made by the workers' compensation board may be conducted or made by any panel of the board consisting of not less than three members thereof, and the order, decision or determination of a majority of the members of a panel shall be deemed the order, decision or determination of the board from the date of filing thereof with the secretary of the board, unless the board on its own motion, or on appli- cation by a party in interest for a full board review made in accordance with section twenty-three of this chapter, shall modify or rescind such order, decision or determination. [Four panels shall be constituted at all times, and the chair shall assign the members to the panels upon which they shall serve.] At least one member on each panel shall be an attorney and counsellor-at-law, but the absence of an attorney on any panel shall not invalidate the order, decision or determination of a majority of the members of the panel if at least two affirmative votes are cast in favor of such action. The panels shall be constituted so that the members of the board shall alternate in their periods of service together thereon. Whenever a number of proceedings remains pend- ing before the board for a period in excess of thirty days, members of the board shall hold hearings and otherwise act in the discharge of their duties evenings and at other convenient times on all days of the week except Sundays, in addition to the times when they would perform such duties in the ordinary conduct of the business of the board, in order to expedite the disposal thereof. The chair may and shall, when directed by the governor, prescribe the hours and the times for such additional performance of duty by the members of the board and the peri- od or periods for the continuance thereof. 3. THE CHAIR OF THE BOARD, OR CHAIR'S DESIGNEE, MAY DESIGNATE ANY BOARD EMPLOYEE WHO IS LICENSED TO PRACTICE LAW IN THE STATE OF NEW YORK OR A SINGLE BOARD MEMBER TO CONDUCT AN APPELLATE REHEARING OR REVIEW OF ANY ORDER, DECISION OR DETERMINATION WHICH RESOLVES ANY ISSUES, OTHER THAN THE DETERMINATION OF COMPENSABILITY IN A CONTROVERTED CLAIM AND REVERSE, MODIFY OR AFFIRM SUCH ORDER, DECISION OR DETERMINATION. IN THE ABSENCE OF A DESIGNATION, AND IN THE CASE OF THE DETERMINATIONS MENTIONED ABOVE, THE REHEARING OR REVIEW SHALL BE CONDUCTED BY A THREE- MEMBER PANEL OF BOARD MEMBERS. DISCRETION AS TO DESIGNATIONS IS SOLELY WITH THE CHAIR OR THE CHAIR'S DESIGNEE, AND SHALL NOT BE BASED UPON THE REQUEST OF ANY PARTY, NOR SHALL ANY DESIGNATION BE SUBJECT TO REVIEW UNDER SECTION TWENTY-THREE OF THIS CHAPTER. THE ORDER, DECISION, OR DETERMINATION ISSUED BY ANY SUCH DESIGNATED BOARD EMPLOYEE OR BOARD MEMBER ON SUCH A CLAIM SHALL BE DEEMED THE ORDER, DECISION, OR DETERMI- NATION OF THE BOARD FROM THE DATE OF THE FILING THEREOF IN THE OFFICE OF THE SECRETARY OF THE BOARD UNLESS THE BOARD, ON ITS OWN MOTION OR ON APPLICATION DULY MADE TO IT, MODIFY OR RESCIND SUCH DECISION. THE CHAIR MAY PROMULGATE RULES, OR THE BOARD MAY PROMULGATE A SUBJECT NUMBER, REGARDING REHEARING AND REVIEW DESIGNATIONS UNDER THIS SUBDIVISION. Notwithstanding any provision in this section to the contrary, a member of the board may be designated by the chair to act individually in the hearing and determination of any claim under this chapter, or S. 6405 44 A. 9005 conduct any investigation, hearing or inquiry hereunder, or review and rescind any order, decision or determination upon any claim and restore such claim for further trial hearing and evidence or consideration except that such member may not conduct any appellate rehearing of any case or otherwise review any order, decision or determination upon any claim and reverse, modify or affirm such order, decision or determi- nation which by the provisions of this section shall be reheard or reviewed by the board or a panel thereof. [3.] 4. The members of the [workmen's] WORKERS' compensation board, a referee or any other officer or employee of the board if duly authorized by the chairman, may administer oaths and take affidavits in matters relating to the provisions of this chapter. The members of the [workmen's] WORKERS' compensation board, the refer- ees and any other officer of the board designated by the chairman, shall have power: a. To issue subpoenas for and compel the attendance of witnesses and the production of books, contracts, papers, documents and other evidence; b. To hear testimony and take or cause to be taken depositions of witnesses residing within or without this state in the manner prescribed by law for like depositions in civil actions in the supreme court. Subpoenas and commissions to take testimony shall be issued under the seal of the board. [4.] 5. Notwithstanding the provisions of any other law, neither the industrial commissioner nor any board or other agency of the department of labor shall in any way direct, review, modify or reverse any decision or finding of the board nor shall the industrial commissioner or any board or other agency of the department of labor supervise or control the board or its members in the exercise of any powers or in the performance of any duties under this chapter. [5.] 6. The workers' compensation board shall keep an accurate record of all hearings held. Where the decision of a referee is affirmed by the board upon review, OR WHERE THE DECISION IS MODIFIED IN PART, BUT IS AFFIRMED AS TO THE SUBSTANTIAL PORTION OF ISSUES RAISED UPON THE APPLI- CATION FOR REVIEW OR IF REVIEW IS DENIED, the board shall assess against each insurance carrier or employer seeking such review the sum of one hundred fifty dollars and may assess against any other party the sum of twenty dollars. The amount so secured from these assessments shall be paid into the state treasury. [6.] 7. The workers' compensation board shall not release any informa- tion acquired pursuant to section five hundred thirty-seven of the labor law and section one hundred seventy-one-a of the tax law unless the release of such information is required to further fraud control activ- ities undertaken by the workers' compensation board pursuant to this chapter, in which case release of such information shall be subject to the restrictions contained in section five hundred thirty-seven of the labor law and section one hundred seventy-one-a of the tax law. [7.] 8. Where there has been a motor vehicle accident which caused personal injury and there is a dispute as to whether the injury occurred in the course of employment, the workers' compensation board shall, after notice to the no-fault carrier and the workers' compensation carrier, hold an expedited hearing on the issue of whether the accident occurred during the course of employment. S 22. Subdivision 6 of section 151 of the workers' compensation law is amended by adding a new paragraph (c) to read as follows: S. 6405 45 A. 9005 (C) EFFECTIVE IMMEDIATELY, NOTWITHSTANDING ANY LAW TO THE CONTRARY, PURSUANT TO THE PROVISIONS OF THIS CHAPTER, THE ASSESSMENT RESERVES REMITTED TO THE CHAIR PURSUANT TO THIS PARAGRAPH SHALL, AT THE REQUEST OF THE DIRECTOR OF THE BUDGET, BE DISTRIBUTED AS FOLLOWS: (I) EFFECTIVE IMMEDIATELY, THE CHAIR OF THE WORKERS' COMPENSATION BOARD SHALL AUTHORIZE THE BOARD TO EXPEND UP TO SIXTY MILLION DOLLARS TO IMPLEMENT INFRASTRUCTURE AND SYSTEM UPGRADES CONSISTENT WITH RECOMMENDA- TIONS OF THE WORKERS' COMPENSATION BOARD REDESIGN AND REENGINEERING PROJECT. (II) EFFECTIVE IMMEDIATELY, THE CHAIR OF THE WORKERS' COMPENSATION BOARD SHALL AUTHORIZE THE BOARD TO EXPEND UP TO FIFTY MILLION DOLLARS FOR: (A) TRANSFER INTO THE TRAINING AND EDUCATIONAL PROGRAM ON OCCUPA- TIONAL SAFETY AND HEALTH FUND CREATED PURSUANT TO CHAPTER EIGHT HUNDRED EIGHTY-SIX OF THE LAWS OF NINETEEN HUNDRED EIGHTY-FIVE AND SECTION NINE- TY-SEVEN-C OF THE STATE FINANCE LAW; (B) THE DEPARTMENT OF LABOR OCCUPA- TIONAL SAFETY AND HEALTH PROGRAM; (C) TRANSFER INTO THE UNINSURED EMPLOYERS' FUND PURSUANT TO SUBDIVISION TWO OF SECTION TWENTY-SIX-A OF THIS CHAPTER IN CONNECTION WITH PAYMENT OF CLAIMS MADE PURSUANT TO ARTI- CLE EIGHT-A OF THIS CHAPTER; (D) A REDUCTION IN LIABILITIES OF THE SPECIAL DISABILITY FUND PURSUANT TO SUBDIVISION EIGHT OF SECTION FIFTEEN OF THIS CHAPTER AND/OR THE FUND FOR REOPENED CASES PURSUANT TO SECTION TWENTY-FIVE-A OF THIS CHAPTER; AND/OR (E) TRANSFER TO OR PAYMENT ON BEHALF OF THE SUPERINTENDENT OF FINANCIAL SERVICES FOR COSTS ASSOCIATED WITH THE IMPLEMENTATION OF THE PAID FAMILY LEAVE ACT OF ARTICLE NINE OF THIS CHAPTER. (III) AS SOON AS PRACTICABLE ON OR AFTER APRIL FIRST, TWO THOUSAND SIXTEEN, THE CHAIR OF THE WORKERS' COMPENSATION BOARD SHALL TRANSFER ONE HUNDRED FORTY MILLION DOLLARS TO THE STATE INSURANCE FUND, FOR PARTIAL PAYMENT AND PARTIAL SATISFACTION OF THE STATE'S OBLIGATIONS TO THE STATE INSURANCE FUND UNDER WORKERS' COMPENSATION LAW SECTION EIGHTY-EIGHT-C FOR TWO THOUSAND SIXTEEN. (IV) AS SOON AS PRACTICABLE ON OR AFTER APRIL FIRST, TWO THOUSAND SEVENTEEN, THE CHAIR OF THE WORKERS' COMPENSATION BOARD SHALL TRANSFER ONE HUNDRED MILLION DOLLARS TO THE STATE INSURANCE FUND, FOR PARTIAL PAYMENT AND PARTIAL SATISFACTION OF THE STATE'S OBLIGATIONS TO THE STATE INSURANCE FUND UNDER WORKERS' COMPENSATION LAW SECTION EIGHTY-EIGHT-C FOR TWO THOUSAND SEVENTEEN. (V) AS SOON AS PRACTICABLE ON OR AFTER APRIL FIRST, TWO THOUSAND EIGH- TEEN, THE CHAIR OF THE WORKERS' COMPENSATION BOARD SHALL TRANSFER ONE HUNDRED MILLION DOLLARS TO THE STATE INSURANCE FUND, FOR PARTIAL PAYMENT AND PARTIAL SATISFACTION OF THE STATE'S OBLIGATIONS TO THE STATE INSUR- ANCE FUND UNDER WORKERS' COMPENSATION LAW SECTION EIGHTY-EIGHT-C FOR TWO THOUSAND EIGHTEEN. (VI) AS SOON AS PRACTICABLE ON OR AFTER APRIL FIRST, TWO THOUSAND NINETEEN, THE CHAIR OF THE WORKERS' COMPENSATION BOARD SHALL TRANSFER THIRTY-FIVE MILLION DOLLARS TO THE STATE INSURANCE FUND, FOR PARTIAL PAYMENT AND PARTIAL SATISFACTION OF THE STATE'S OBLIGATIONS TO THE STATE INSURANCE FUND UNDER WORKERS' COMPENSATION LAW SECTION EIGHTY-EIGHT-C FOR TWO THOUSAND NINETEEN. ANY AND ALL FUNDS REMAINING AFTER ACCOUNTING FOR THE TRANSFERS AND EXPENDITURES SET FORTH ABOVE MAY, AT THE DISCRETION OF THE DIRECTOR OF THE BUDGET, EITHER REMAIN WITH THE WORKERS' COMPENSATION BOARD OR BE TRANSFERRED TO THE GENERAL FUND FOR THE PURPOSE OF REDUCING BUDGET GAPS. ANNUALLY, THE WORKERS' COMPENSATION BOARD WILL PROVIDE TO THE DIRECTOR OF THE BUDGET, THE CHAIR OF THE SENATE FINANCE COMMITTEE, AND THE CHAIR OF THE ASSEMBLY WAYS AND MEANS COMMITTEE, AN ACCOUNTING OF SUCH FUNDS S. 6405 46 A. 9005 AND ALL ASSOCIATED INCOME RECEIVED. SUCH ACCOUNTING WILL CONTINUE UNTIL MARCH THIRTY-FIRST, TWO THOUSAND TWENTY. S 23. Section 167 of the workers' compensation law, as added by chap- ter 446 of the laws of 2006, is amended to read as follows: S 167. Claims of volunteers. For persons who participated in World Trade Center rescue, recovery and clean-up operations as volunteers, the uninsured employers' fund shall be deemed to be the employer [only] for the purposes of administering and paying claims pursuant to this arti- cle. Benefits under this chapter shall be payable to such volunteers [only] IN THE FIRST INSTANCE AND to the extent that funds are available out of funds appropriated to the United States Department of Labor under Public Law 109-148 to reimburse the uninsured employer's fund for the payment of such benefits AND THEREAFTER FROM THE UNINSURED EMPLOYERS' FUND. THE UNINSURED EMPLOYERS' FUND SHALL NOT PAY FOR VOLUNTEERS' MEDICAL TREATMENT UNLESS SUCH MEDICAL EXPENSES HAVE BEEN DENIED BY THE WORLD TRADE CENTER HEALTH ORGANIZATION. S 24. Subdivision 2 of section 354 of the workers' compensation law, as added by chapter 635 of the laws of 1996, is amended to read as follows: 2. An employee , NOT SUBJECT TO A COLLECTIVE BARGAINING AGREEMENT OR SUBJECT TO A COLLECTIVE BARGAINING AGREEMENT DATED ON OR AFTER APRIL FIRST, TWO THOUSAND SIXTEEN, may seek medical treatment from outside the preferred provider organization [thirty] ONE HUNDRED AND TWENTY days after his or her first visit to a preferred provider organization provider. In the event that such employee seeks medical treatment outside the preferred provider organization the employer may require a second opinion from a provider within the preferred provider organiza- tion. FOR COLLECTIVE BARGAINING AGREEMENTS ENTERED INTO BEFORE APRIL FIRST, TWO THOUSAND SIXTEEN, THE EMPLOYEE MAY SEEK MEDICAL TREATMENT FROM OUTSIDE A PREFERRED PROVIDER ORGANIZATION THIRTY DAYS AFTER HIS OR HER FIRST VISIT WITH THE PREFERRED PROVIDER ORGANIZATION. S 25. Paragraphs 1 and 2 and subparagraph (a) of paragraph 5 of subdi- vision 3-a of section 50 of the workers' compensation law, paragraph 1 and subparagraph (a) of paragraph 5 as amended by chapter 139 of the laws of 2008 and paragraph 2 as amended by section 4 of part G of chap- ter 57 of the laws of 2011, are amended to read as follows: (1) Definitions. As used in this chapter the term "employers" shall include: (a) employers with related activity in a given industry [which shall include municipal corporations as that term is defined in sections two and six-n of the general municipal law,] employing persons who perform work in connection with the given industry, (b) an incorporated or unincorporated association or associations consisting exclusively of such employers provided they employ persons who perform such related work in the given industry, and (c) a combination of employers as described in subparagraph (a) hereof and an association or associations of employers as described in subparagraph (b) hereof. (2) (a) Any group consisting exclusively of such employers may adopt a plan for self-insurance, as a group, for the payment of compensation under this chapter to their employees, except that no new groups may adopt such a plan, and no group not composed solely of public entities set forth in [paragraph a of] subdivision [four] THREE-F of this section may insure any liabilities for any employers on and after January first, two thousand twelve, except as provided for in paragraph ten of this subdivision. Under such plan the group shall assume the liability of all the employers within the group and pay all compensation for which the said employers are liable under this chapter[, except that in the case S. 6405 47 A. 9005 of municipal corporations as herein defined no proof of financial abili- ty or deposit of securities or cash need be made in compliance with this subdivision]. The group qualifying under this subdivision shall be known as a group self-insurer and the employers participating therein and covered thereby shall be known as members. (b) Where such plan is adopted the group self-insurer, EXCEPT A GROUP COMPOSED SOLELY OF PUBLIC ENTITIES SET FORTH IN SUBDIVISION THREE-F OF THIS SECTION, shall furnish satisfactory proof to the chair of its financial ability to pay such compensation for the members in the indus- try covered by it, its revenues, their source and assurance of contin- uance. The chair shall require the deposit with the chair of such secu- rities as may be deemed necessary of the kind prescribed in subdivisions one, two, three, four and five, and subparagraph (a) of paragraph three of subdivision seven of section two hundred thirty-five of the banking law or the deposit of cash or the filing of irrevocable letters of cred- it issued by a qualified banking institution as defined by rules promul- gated by the chair or the filing of a bond of a surety company author- ized to transact business in this state, in an amount to be determined to secure its liability to pay the compensation of each employer as above provided. Such surety bond must be approved as to form by the chair. The chair shall require each group self-insurer to provide regu- lar reports no less than annually, which shall include but not be limit- ed to audited financial statements, actuarial opinions and payroll information containing proof that it is fully funded. Such reports shall also include a contribution year analysis detailing contributions and expenses associated with each specific contribution year. For purposes of this paragraph, proof that a group self-insurer is fully funded shall at a minimum include proof of unrestricted cash and investments permit- ted by regulation of the chair of at least one hundred percent of the total liabilities, including the estimate presented in the actuarial opinion submitted by the group self-insurer in accordance with this chapter. The chair by regulation, may set further financial standards for group self-insurers. Any group self-insurer that fails to show that it is fully funded shall be deemed underfunded, and must submit a plan for achieving fully funded status which may include a deficit assessment on members of such group self-insurer which shall be subject to approval or modification by the chair. (c) The chair shall evaluate, no less than once every three years, a group self-insurer's compliance with the financial and regulatory requirements for self-insurance. The chair may engage any qualified person or organization to assist with such evaluation and any costs incurred by the chair shall be borne by the group self-insurer under examination. Failure to submit to such independent review or to pay such costs, upon demand of the chair, shall be sufficient grounds to termi- nate coverage of the group self-insurer. (d) The chair may require reports to be prepared by an auditor, actu- ary or other consultant, selected by the board or, at the chair's discretion, by the group self-insurer from a list which shall be pre-ap- proved by the chair to determine whether the group self-insurer meets the financial criteria for self-insurance. All actuaries so selected shall be fellows or associates of the casualty actuarial society. (e) The chair may also require that any and all agreements, contracts and other pertinent documents relating to the organization of the members in the group self-insurer shall be filed with the chair. (f) The chair shall have the authority to revoke consent furnished under this section at any time for good cause shown. S. 6405 48 A. 9005 (g) Prior to the requested effective date of the participating agree- ment, a group self-insurer shall notify the chair on a prescribed form of a new group self-insurer member and file (1) a member application and (2) a copy of the properly executed prescribed participation agreement wherein the member acknowledges their joint and several obligation for their period of membership. The board shall, on a form promulgated by the chair, provide notice of the member's rights and responsibilities as a group self-insurer member, including the member's assumption of joint and several liability, and require the member to return a signed copy to the chair as a condition of membership. (h) Any member terminating membership in a PRIVATE group self-insurer after less than four years in such PRIVATE group self-insurer, and any member in a group self-insurer that has defaulted, shall be precluded from obtaining prospective coverage from any PRIVATE group self-insurer for a period of at least three years from the effective date of termi- nation. (a) Each PRIVATE group self-insurer shall, AND EACH GROUP SELF-INSURER MAY, shall secure the services of a group administrator to be responsi- ble for assisting the group self-insurer in complying with the provisions of this section and the rules and regulations promulgated hereunder, and for coordinating services including but not limited to claims processing, loss control, legal, accounting and actuarial services. No person, firm or corporation shall coordinate such services or otherwise carry out the tasks of a group administrator as provided in this subdivision or in the regulations issued pursuant thereto on behalf of a group self-insurer unless such person shall have obtained from the chair a license authorizing it to act as a group self-insurer adminis- trator, which license may be revoked for good cause. The chair shall promulgate regulations setting forth any additional qualifications for such license, governing the conduct and compensation of group self-in- surer administrators, and setting a license fee in an amount not less than five thousand dollars per year for such license for each group self-insurer the administrator administers. Each administrator shall post a bond in the amount of five hundred thousand dollars for each group self-insurer administered or such other amount as may be set by the chair based on the cost and availability of such bond, from which the chair may recover any recoveries or penalties against the adminis- trator under this section. Nothing in this section shall relieve the trustees of a group self-insurer of any fiduciary obligation they hold to the other members of such group self-insurer. S 26. Section 50 of the workers' compensation law is amended by adding a new subdivision 3-f to read as follows: 3-F. (1) ANY GROUP CONSISTING EXCLUSIVELY OF MUNICIPAL CORPORATIONS, PUBLIC CORPORATIONS AS THAT TERM IS DEFINED IN SECTION SIXTY-SIX OF THE GENERAL CONSTRUCTION LAW, COUNTY SELF-INSURANCE PLANS ESTABLISHED UNDER ARTICLE FIVE OF THIS CHAPTER, BOARDS OF COOPERATIVE EDUCATIONAL SERVICES AND CONSORTIA ESTABLISHED BY BOARDS OF COOPERATIVE EDUCATIONAL SERVICES MAY ADOPT A PLAN FOR SELF-INSURANCE, AS A GROUP, FOR THE PAYMENT OF COMPENSATION UNDER THIS CHAPTER TO THEIR EMPLOYEES. SUCH GROUP SHALL BE KNOWN AS A "PUBLIC GROUP SELF-INSURER". ALL OTHER GROUPS ESTABLISHED UNDER THIS SECTION FIFTY ARE "PRIVATE GROUP SELF-INSURERS". A COUNTY OF SELF-INSURANCE PLAN ESTABLISHED UNDER ARTICLE FIVE OF THIS CHAPTER IS NOT ITSELF A PUBLIC GROUP SELF-INSURER, AND IS NOT ITSELF SUBJECT TO THE REQUIREMENTS OF THIS SECTION, BUT MAY JOIN A PUBLIC GROUP SELF-INSURER AND, IF IT DOES SO, SHALL ASSUME ALL OF THE OBLIGATIONS OF ITS PARTIC- IPANTS TO THE PUBLIC GROUP SELF-INSURER. NO ENTITY WHICH IS NOT A MUNIC- S. 6405 49 A. 9005 IPAL CORPORATION AS DEFINED IN SECTION TWO OF THE GENERAL MUNICIPAL LAW, OTHER THAN A COUNTY SELF-INSURANCE PLAN ESTABLISHED UNDER ARTICLE FIVE OF THIS CHAPTER AND A CONSORTIUM ESTABLISHED BY A BOARD OF COOPERATIVE EDUCATIONAL SERVICES, MAY JOIN A PUBLIC GROUP SELF-INSURER UNLESS IT MAY LEVY TAXES OR ITS OBLIGATIONS ARE GUARANTEED BY ANOTHER MEMBER WHICH IS SUCH A MUNICIPAL CORPORATION. A PUBLIC GROUP SELF-INSURER SHALL COMPLY WITH ALL OF THE REQUIREMENTS OF SUBDIVISION THREE-A OF THIS SECTION; PROVIDED HOWEVER THAT NO PROOF OF FINANCIAL ABILITY TO PAY THE COMPEN- SATION PROVIDED FOR BY THIS CHAPTER SHALL BE REQUIRED AND, IN LIEU THER- EOF, THE JOINT AND SEVERAL LIABILITY OF THE PUBLIC GROUP SELF-INSURER'S PARTICIPANTS SHALL SERVE AS THE SECURITY REQUIRED UNDER PARAGRAPH TWO OF SUBDIVISION THREE-A OF THIS SECTION. THE CHAIR SHALL IMPLEMENT THE PROVISIONS OF THIS SUBDIVISION BY PROMULGATING RULES AND REGULATIONS BUT NO SUCH RULES AND REGULATIONS SHALL BE NECESSARY FOR ANY PROVISIONS OF THIS SUBDIVISION TO BE EFFECTIVE. (2) A PUBLIC GROUP SELF-INSURER AS DEFINED HEREIN MAY OFFER, AS PART OF THE POLICY OR BY ENDORSEMENT, DEDUCTIBLES OPTIONAL TO THE POLICYHOLD- ER FOR BENEFITS PAYABLE UNDER THE POLICY, SUBJECT TO APPROVAL BY THE CHAIRMAN AND SUBJECT TO UNDERWRITING BY THE PUBLIC GROUP SELF-INSURER, CONSISTENT WITH THE FOLLOWING STANDARDS OR FACTORS: (A) CLAIMANTS' RIGHTS ARE PROPERLY PROTECTED AND CLAIMANTS' BENEFITS ARE PAID WITHOUT REGARD TO ANY SUCH DEDUCTIBLE; (B) APPROPRIATE PREMIUM REDUCTIONS REFLECT THE TYPE AND LEVEL OF ANY DEDUCTIBLE APPROVED BY THE CHAIRMAN AND SELECTED BY THE MEMBER; (C) PREMIUM REDUCTIONS FOR DEDUCTIBLES ARE DETERMINED BEFORE APPLICA- TION OF ANY EXPERIENCE MODIFICATION, PREMIUM SURCHARGE, OR PREMIUM DISCOUNT; (D) RECOGNITION IS GIVEN TO MEMBER CHARACTERISTICS, INCLUDING SIZE, FINANCIAL CAPABILITIES, NATURE OF ACTIVITIES, AND NUMBER OF EMPLOYEES; (E) IF THE MEMBER SELECTS A DEDUCTIBLE, THE MEMBER IS LIABLE TO THE PUBLIC GROUP SELF-INSURER FOR THE DEDUCTIBLE AMOUNT IN REGARD TO BENE- FITS PAID FOR COMPENSABLE CLAIMS; (F) THE PUBLIC GROUP SELF-INSURER PAYS ALL OF THE DEDUCTIBLE AMOUNT, APPLICABLE TO A COMPENSABLE CLAIM, TO THE PERSON OR PROVIDER ENTITLED TO BENEFITS AND THEN SEEKS REIMBURSEMENT FROM THE MEMBER FOR THE APPLICABLE DEDUCTIBLE AMOUNT; AND (G) FAILURE TO REIMBURSE DEDUCTIBLE AMOUNTS BY THE MEMBER TO THE PUBLIC GROUP SELF-INSURER IS TREATED UNDER THE COVERAGE AGREEMENT IN THE SAME MANNER AS NONPAYMENT OF CONTRIBUTIONS. (3) IF, IN THE DETERMINATION OF THE CHAIR, A PUBLIC GROUP SELF-INSURER BECOMES INSOLVENT OR OTHERWISE DEFAULTS ON ITS OBLIGATIONS, THE INSOL- VENT GROUP WILL REQUIRE EACH MEMBER AND EACH FORMER MEMBER TO PAY A SUPPLEMENTAL ASSESSMENT IN AN AMOUNT SUFFICIENT TO MAKE THE PUBLIC GROUP SELF-INSURER SOLVENT BASED UPON A FORMULA TO BE ESTABLISHED BY THE CHAIR IN REGULATIONS WHICH CONSIDERS THE MEMBERS' ANNUAL CONTRIBUTIONS AND LOSS EXPERIENCE. IF AN ASSESSMENT IS NOT SUFFICIENT TO CURE THE INSOL- VENCY OR DEFAULT, (I) EACH MEMBER AND ANY FORMER MEMBER WILL BE JOINTLY AND SEVERALLY LIABLE FOR THE REMAINING DEFICIT; AND (II) WHENEVER THE CHAIR SHALL DETERMINE THAT THE COMPENSATION AND BENEFITS PROVIDED BY THIS CHAPTER MAY BE UNPAID BY REASON OF THE DEFAULT OF A PUBLIC GROUP SELF-INSURER, THE CHAIR SHALL PAY SUCH COMPENSATION AND BENEFITS FROM ADMINISTRATION EXPENSES AS PROVIDED IN SECTION ONE HUNDRED FIFTY-ONE OF THIS CHAPTER UPON AUDIT AND WARRANT OF THE COMPTROLLER UPON VOUCHERS APPROVED BY THE CHAIR. SUCH PAYMENTS SHALL BE CONSIDERED EXPENSES OF ADMINISTRATION. THE CHAIR SHALL BE REIMBURSED THEREFOR FROM ANY MEMBER OF THE PUBLIC GROUP SELF-INSURER, FIRST PURSUANT TO THE SUPPLEMENTAL S. 6405 50 A. 9005 ASSESSMENT FORMULA REFERENCED HEREIN, BUT IN ANY EVENT WHERE NECESSARY, ON A JOINT AND SEVERAL BASIS. S 27. The section heading and subdivisions 1, 2, 3 and 4 of section 1680-l of the public authorities law, as added by chapter 6 of the laws of 2007, are amended to read as follows: [The special] SPECIAL disability fund AND FUND FOR REOPENED CASES financing. 1. As used in this section the following terms shall have the following meanings: (a) "Ancillary bond facility" means any interest rate exchange or similar agreement or any bond insurance policy, letter of credit or other credit enhancement facility, liquidity facility, guaranteed investment or reinvestment agreement, or other similar agreement, arrangement or contract. (b) "Benefited party" means any person, firm or corporation that enters into an ancillary bond facility with the authority according to the provisions of this section. (c) "Bonds" means any bonds, notes, certificates of participation and other evidence of indebtedness issued by the authority pursuant to subdivision five of this section. (d) "Bond owners or owners of bonds" means any registered owners of bonds. (e) "Chair" means the chair of the workers' compensation board. (f) "Code" means the United States Internal Revenue Code of 1986, as amended. (g) "Costs of issuance" means any item of expense directly or indi- rectly payable or reimbursable by the authority and related to the authorization, sale, or issuance of bonds, including, but not limited to, underwriting fees and fees and expenses of professional consultants and fiduciaries. (h) "Debt service" means actual debt service, comprised of principal, interest and associated costs, as defined in subparagraph five of para- graph (h) of subdivision eight of section fifteen of the workers' compensation law. (i) "Director of the budget" or "director" means the director of the budget of the state of New York. (j) "Financing agreement" means [any agreement authorized pursuant to subdivision four of this section between the chair and the commissioner of taxation and finance, and the authority] EACH OR ANY SPECIAL DISABIL- ITY FUND FINANCING AGREEMENT OR FUND FOR REOPENED CASES FINANCING AGREE- MENT, AS APPLICABLE. (k) "Financing costs" means all costs of issuance, capitalized inter- est, capitalized operating expenses of the authority and, pursuant to the financing agreement, the initial capitalized operating expenses of the waiver agreement management office and debt service reserves, fees, cost of any ancillary bond facility, and any other fees, discounts, expenses and costs related to issuing, securing and marketing the bonds including, without limitation, any net original issue discount. (l) "FUND FOR REOPENED CASES FINANCING AGREEMENT" MEANS AN AGREEMENT AUTHORIZED AND CREATED PURSUANT TO SUBDIVISION FOUR OF THIS SECTION AND TO SUBDIVISION FOUR OF SECTION TWENTY-FIVE-A OF THE WORKERS' COMPEN- SATION LAW, AS SUCH AGREEMENT MAY BE AMENDED. (M) "Investment securities" means: (i) general obligations of, or obligations guaranteed by, any state of the United States of America or political subdivision thereof, or the District of Columbia or any agency or instrumentality of any of them, receiving one of the three highest long-term unsecured debt rating categories available for such securities S. 6405 51 A. 9005 of at least one independent rating agency, or (ii) certificates of deposit, savings accounts, time deposits or other obligations or accounts of banks or trust companies in the state, secured, if the authority shall so require, in such manner as the authority may so determine, or (iii) obligations in which the comptroller is authorized to invest pursuant to either section ninety-eight or ninety-eight-a of the state finance law, or (iv) investments which the commissioner of taxation and finance is permitted to make with surplus or reserve moneys of the special disability fund under subparagraph seven of paragraph (h) of subdivision eight of section fifteen of the workers' compensation law. [(m)] (N) "Interest rate exchange or similar agreement" means a writ- ten contract entered into in connection with the issuance of bonds or with such bonds outstanding with a counterparty to provide for an exchange or swap of payments based upon fixed and/or variable interest rates, and shall be for exchanges in currency of the United States of America only. [(n)] (O) "Net proceeds" means the amount of proceeds remaining following each sale of bonds which are not required by the authority for purposes of this section to pay or provide for debt service or financing costs, as provided in the financing agreement. [(o)] (P) "Operating expenses" means the reasonable or necessary oper- ating expenses of the authority for purposes of this section, including, without limitation, the costs of: retention of auditors, preparation of accounting and other reports, maintenance of the ratings on the bonds, any operating expense reserve fund, insurance premiums, ancillary bond facilities, rebate payments, annual meetings or other required activ- ities of the authority, and professional consultants and fiduciaries. [(p)] (Q) "Outstanding", when used with respect to bonds, shall exclude bonds that shall have been paid in full at maturity, or shall have otherwise been refunded, redeemed, defeased or discharged, or that may be deemed not outstanding pursuant to agreements with the holders thereof. [(q)] (R) "Pledged assessments revenues", "pledged revenues" or "pledged assessments" means: (I) WITH RESPECT TO BONDS ISSUED PRIOR TO MARCH THIRTY-FIRST, TWO THOUSAND THIRTEEN PURSUANT TO THIS SECTION, EITHER receipts of special disability fund assessments imposed pursuant to subparagraph four of paragraph (h) of subdivision eight of section fifteen of the workers' compensation law and pledged for the payment of debt service on the bonds, RECEIPTS OF ASSESSMENTS FOR ANNUAL EXPENSES IMPOSED PURSUANT TO SECTION ONE HUNDRED FIFTY-ONE OF THE WORKERS' COMPENSATION LAW AND PLEDGED FOR THE PAYMENT OF DEBT SERVICE ON THE BONDS, OR AMOUNTS DUE PURSUANT TO AN ANCILLARY BOND FACILITY, INCLUDING THE RIGHT TO RECEIVE THE SAME; AND (II) WITH RESPECT TO BONDS ISSUED ON OR SUBSEQUENT TO MARCH THIRTY-FIRST, TWO THOUSAND THIRTEEN PURSUANT TO THIS SECTION, EITHER RECEIPTS OF SUCH ASSESSMENTS FOR ANNUAL EXPENSES or amounts due pursuant to an ancillary bond facility, including the right to receive same. [(r)] (S) "State" means the state of New York. [(s)] (T) "Special disability fund financing agreement" means an agreement authorized and created pursuant to SUBDIVISION FOUR OF THIS SECTION AND TO subparagraph five of paragraph (h) of subdivision eight of section fifteen of the workers' compensation law, as [same by its terms and bond proceedings,] SUCH AGREEMENT may be amended. [(t)] (U) "Waiver agreement" means waiver agreements entered into pursuant to section thirty-two of the workers' compensation law. S. 6405 52 A. 9005 [(u)] (V) "Waiver agreement management office" shall mean the office described in paragraph (e) of section thirty-two of the workers' compen- sation law. (W) "WORKERS' COMPENSATION LIABILITY INSURANCE POLICY" OR "ASSUMPTION OF WORKERS' COMPENSATION LIABILITY INSURANCE POLICY" MEANS ANY POLICY EXECUTED BY THE CHAIR PURSUANT TO SUBDIVISION (I) OF SECTION THIRTY-TWO OR SUBDIVISION THREE OF SECTION TWENTY-FIVE-A OF THE WORKERS' COMPEN- SATION LAW PROVIDING FOR THE ASSUMPTION OF ALL OR PART OF SUCH FURTHER AND FUTURE CONTINGENT WORKERS' COMPENSATION LIABILITY AS MAY ARISE FROM PRIOR INJURIES TO WORKERS. SUCH POLICY SHALL BE IN A FORM APPROVED BY THE SUPERINTENDENT OF FINANCIAL SERVICES AND ISSUED BY THE STATE INSUR- ANCE FUND OR ANY INSURANCE COMPANY LICENSED TO ISSUE THIS CLASS OF INSURANCE IN THIS STATE. IN THE EVENT THAT SUCH POLICY IS ISSUED BY AN INSURANCE COMPANY OTHER THAN THE STATE INSURANCE FUND, THEN SUCH POLICY SHALL BE DEEMED OF THE KIND SPECIFIED IN PARAGRAPH FIFTEEN OF SUBSECTION (A) OF SECTION ONE THOUSAND ONE HUNDRED THIRTEEN OF THE INSURANCE LAW AND COVERED BY THE WORKERS' COMPENSATION SECURITY FUND AS CREATED AND GOVERNED BY ARTICLE SIX-A OF THE WORKERS' COMPENSATION LAW. SUCH A POLI- CY SHALL ONLY BE ISSUED FOR A SINGLE COMPLETE PREMIUM PAYMENT THAT IS PAYABLE IN ADVANCE AND IN AN AMOUNT DEEMED ACCEPTABLE BY THE CHAIR AND THE SUPERINTENDENT OF FINANCIAL SERVICES. WHEN ISSUED SUCH POLICY SHALL BE NONCANCELLABLE WITHOUT RECOURSE FOR ANY CAUSE DURING THE CONTINUANCE OF THE LIABILITY SECURED AND SO COVERED. 2. The authority is hereby authorized to ISSUE BONDS TO finance the special disability fund established by paragraph (h) of subdivision eight of section fifteen of the workers' compensation law and to enter into one or more special disability fund financing agreements described in such subdivision AND AUTHORIZED TO ISSUE BONDS TO FINANCE THE FUND FOR REOPENED CASES ESTABLISHED BY SUBDIVISION THREE OF SECTION TWENTY-FIVE-A OF THE WORKERS' COMPENSATION LAW AND TO ENTER INTO ONE OR MORE FUND FOR REOPENED CASES FINANCING AGREEMENTS DESCRIBED IN SUBDIVI- SION FOUR OF SUCH SECTION. All of the provisions of the authority relating to bonds and notes which are not inconsistent with the provisions of this section shall apply to obligations authorized by this section, including but not limited to the power to establish adequate reserves therefor and to issue renewal notes or refunding bonds thereof. [The provisions of this section shall apply solely to obligations authorized by this section and shall not include liabilities, assets or revenues other than liabilities, assets or revenues derived from the authority solely from the special disability fund.] 3. It is found and declared that the special disability fund AND THE FUND FOR REOPENED CASES no longer [serves] SERVE the purposes for which [it was] THEY WERE created, [adds] ADD to the time and expense of proceedings before the workers' compensation board and to employers' costs for workers' compensation insurance; that the creation and opera- tion of a waiver agreement management office of the workers' compen- sation board, to manage, maintain and negotiate waiver agreements on behalf of the special disability fund AND FUND FOR REOPENED CASES can reduce the special disability fund's AND FUND FOR REOPENED CASES unfunded liability; that the reduction of such liability and the closing of the fund to new claims will over the long term reduce assessments paid to the [fund] FUNDS by insurance carriers, self-insurers and the state insurance fund, as well as the employers to whom these costs are passed on; that in the absence of this section the annual cost of [such] assessments TO EMPLOYERS is expected to rise; that the settlement of claims and other actions undertaken by the waiver agreement management S. 6405 53 A. 9005 office will lower the administrative costs of insurance carriers, self- insurers and the state insurance fund; [that revenue obligations issued by the authority and secured by a special assessment annually levied, imposed and collected on and from insurance carriers, self-insurers and the state insurance fund for the governmental purpose of funding waiver agreements] THAT UNFUNDED SPECIAL DISABILITY FUND LIABILITIES AND UNFUNDED CLAIMS PAYABLE FROM THE FUND FOR REOPENED CASES WILL, ABSENT PROVISION FOR LONG-TERM FINANCING, RESULT IN IMPOSITION OF COSTS ON EMPLOYERS THROUGH ASSESSMENTS; THAT SUCH UNFUNDED LIABILITIES, CLAIMS AND ASSESSMENTS MAY HAVE DETRIMENTAL IMPACT ON BUSINESSES AND NOT-FOR-PROFIT CORPORATIONS IN NEW YORK STATE AND ON THE PROVISION OF SERVICES TO NEW YORK RESIDENTS; THAT WITHOUT FINANCING THE BOARD MAY BE REQUIRED TO IMPOSE HIGHER ASSESSMENTS TO PAY SUCH UNFUNDED LIABILITIES AND CLAIMS; THAT FINANCING WILL ALLOW THE WORKERS' COMPENSATION BOARD TO FUND WAIVER AGREEMENTS AND CONTRACT AWARDS AND TO PURCHASE ONE OR MORE ASSUMPTION OF WORKERS' COMPENSATION LIABILITY INSURANCE POLICIES THAT WILL LIMIT THE LONG TERM LOSSES FROM THESE UNFUNDED LIABILITIES AND CLAIMS; THAT BONDS ISSUED BY THE AUTHORITY AND SECURED BY ASSESSMENTS LEVIED, FOR THE GOVERNMENTAL PURPOSE OF FUNDING WAIVER AGREEMENTS WITH RESPECT TO THE SPECIAL DISABILITY FUND AND FUNDING CONTRACT AWARDS, ASSUMPTION OF WORKERS' COMPENSATION LIABILITY INSURANCE POLICIES AND ANTICIPATED LIABILITIES WITH RESPECT TO THE SPECIAL DISABILITY FUND AND THE FUND FOR REOPENED CASES amortized over a substantial period would allow the state to settle and otherwise manage [claims] SPECIAL DISABIL- ITY FUND AND FUND FOR REOPENED CASES AND TO REDUCE SPECIAL DISABILITY FUND AND FUND FOR REOPENED CASES as a means for reducing the fund's liabilities and the assessments needed to pay them, thereby furthering the policy of the state to reduce the costs of workers' compensation and to improve the business climate in the state while compensating injured workers and honoring the obligations of the special disability fund AND FUND FOR REOPENED CASES; that all costs of the authority in relation to this section shall be paid from assessments set forth in paragraph (h) of subdivision eight of section fifteen AND IN SECTION ONE HUNDRED FIFTY-ONE of the workers' compensation law; and that, therefore, the provisions of this section are for the public benefit and good and the authorization as provided in this section of the issuance of revenue obligations of the authority is declared to be for a public purpose and the exercise of an essential governmental function. 4. (a) The authority, the commissioner of taxation and finance and the chair, [in] AFTER consultation with THE DIRECTOR OF THE BUDGET AND the special disability fund advisory committee shall execute a financing agreement prior to the issuance of any bonds. Such agreement shall contain such terms and conditions as are necessary to carry out and effectuate the purposes of this section, including covenants with respect to the assessment and enforcement of the assessments, the appli- cation and use of the proceeds of the sale of bonds to preserve the tax-exemption on the bonds, the interest on which is intended to be exempt from taxation. The state shall not be authorized to make any covenant, pledge, promise or agreement purporting to bind the state with respect to pledged revenues, except as otherwise specifically authorized by this section. (b) The net proceeds of the bonds shall be deposited in accordance with the APPLICABLE financing agreement and this section. [The] EACH SPECIAL DISABILITY FUND financing agreement shall provide for the appli- cation of the net bond proceeds, and such bond proceeds shall be used, for any of the following CORPORATE purposes: (i) funding of waiver S. 6405 54 A. 9005 agreements, (ii) payment of financing costs, (iii) funding anticipated liabilities of the special disability fund, (iv) funding contract awards pursuant to [subparagraph two of] paragraph [(h)] (I) of section thir- ty-two of the workers' compensation law [and (v)], (V) FUNDING THE PURCHASE OF ONE OR MORE ASSUMPTION OF WORKERS' COMPENSATION LIABILITY INSURANCE POLICIES TO DISCHARGE THE LIABILITIES INCURRED UNDER SUBPARA- GRAPH ONE OF PARAGRAPH (H) OF SUBDIVISION EIGHT OF SECTION FIFTEEN OF THE WORKERS' COMPENSATION LAW AND (VI) SUCH OTHER PURPOSES AS ARE SET FORTH IN THE FINANCING AGREEMENT. EACH FUND FOR REOPENED CASES FINANCING AGREEMENT SHALL PROVIDE FOR THE APPLICATION OF THE NET BOND PROCEEDS, AND SUCH BOND PROCEEDS SHALL BE USED, FOR ANY OF THE FOLLOWING CORPORATE PURPOSES: (I) PAYMENT OF FINANCING COSTS, (II) FUNDING ANTICIPATED LIABILITIES OF THE FUND FOR REOPENED CASES, (III) FUNDING CONTRACT AWARDS PURSUANT TO SUBDIVISION THREE OF SECTION TWENTY-FIVE-A OF THE WORKERS' COMPENSATION LAW, (IV) FUNDING THE PURCHASE OF ONE OR MORE ASSUMPTION OF WORKERS' COMPENSATION LIABILITY INSURANCE POLICIES TO DISCHARGE THE LIABILITIES INCURRED OR TO BE INCURRED UNDER SUBDIVISION THREE OF SECTION TWENTY-FIVE-A OF THE WORKERS' COMPENSATION LAW AND (V) such other purposes as are set forth in the financing agreement. Not inconsistent with this section, the authority may provide restrictions on the use and investment of net proceeds of the bonds and other amounts in [the] ANY financing agreement or otherwise in a tax regulatory agree- ment as necessary or desirable to assure that they are exempt from taxa- tion. S 28. Paragraphs (a), (c), and (g) of subdivision 5 of section 1680-l of the public authorities law, as added by chapter 6 of the laws of 2007, subparagraph (i) of paragraph (a) of subdivision 5 as further amended by section 104 of part A of chapter 62 of the laws of 2011, are amended to read as follows: (a) (i) The authority shall have power and is hereby authorized to issue its bonds at such times and in an aggregate principal amount not to exceed an amount to be determined by the superintendent of financial services as necessary to address all or a portion of the incurred unfunded liabilities of the special disability fund, but in no case exceeding twenty-five percent of the unfunded liability of the special disability fund as of a date no later than July first, two thousand seven, as certified to the authority by a qualified third party. The bonds shall be issued for the [following] corporate purposes[: (A) fund- ing of waiver agreements, (B) payment of financing costs, (C) funding anticipated liabilities of the special disability fund, (D) funding contract awards pursuant to paragraph two of subdivision (h) of section thirty-two of the workers' compensation law and (E) such other purposes as are set forth in the financing agreement] IDENTIFIED IN SUBDIVISION FOUR-B OF THIS SECTION AND IN THE APPLICABLE FINANCIAL AGREEMENT. The foregoing limitation on outstanding aggregate principal shall not apply to prevent the issuance of bonds to refund bonds. (ii) Each issuance of bonds shall be authorized by a resolution of the authority, provided, however, that any such resolution authorizing the issuance of bonds may delegate to an officer of the authority the power to issue such bonds from time to time and to fix the details of any such issues of bonds by an appropriate certificate of such authorized offi- cer. Every issue of the bonds of the authority [for the special disabil- ity fund] PURSUANT TO THIS SECTION shall be special revenue obligations payable from and secured by a pledge of revenues and other assets, including those proceeds of such bonds deposited in a reserve fund for the benefit of bondholders, earnings on funds of the authority and such S. 6405 55 A. 9005 other funds and assets as may become available, upon such terms and conditions as specified by the authority in the resolution under which the bonds are issued or in a related trust indenture. (iii) The authority shall have the power and is hereby authorized from time to time to issue bonds, [in] AFTER consultation with the DIRECTOR OF BUDGET AND special disability fund advisory committee to refund any bonds issued under this section by the issuance of new bonds, whether the bonds to be refunded have or have not matured, and to issue bonds partly to refund bonds then outstanding and partly for any of its other corporate purposes under this section. The refunding bonds may be exchanged for the bonds to be refunded or sold and the proceeds applied to the purchase, redemption or payment of such bonds. (c) The authority may sell such bonds in such manner, either at a public or private sale and either on a competitive or negotiated basis, provided no such bonds may be sold by the authority at private sale unless such sale and the terms thereof have been approved in writing by the comptroller of the state of New York. The proceeds of such bonds shall be disbursed for the purposes for which such bonds were issued under such restrictions as the financing agreement and the resolution authorizing the issuance of such bonds or the related trust indenture may provide. Such bonds shall be issued upon approval of the authority and without any other approvals, filings, proceedings or the happening of any other conditions or things other than the approvals, findings, proceedings, conditions, and things that are specified and required by this section[. Provided]; PROVIDED, however, that any issuance of bonds under the authority of this section shall be considered a project for the purposes of section fifty-one of this chapter, and subject to approval under such section. (g) The authority may enter into, amend or terminate, as it determines to be necessary or appropriate, any ancillary bond facility [in] AFTER consultation with the DIRECTOR OF BUDGET AND special disability fund advisory committee (i) to facilitate the issuance, sale, resale, purchase, repurchase or payment of bonds, interest rate savings or market diversification or the making or performance of interest rate exchange or similar agreements, including without limitation bond insur- ance, letters of credit and liquidity facilities, (ii) to attempt to manage or hedge risk or achieve a desirable effective interest rate or cash flow, or (iii) to place the obligations or investments of the authority, as represented by the bonds or the investment of reserved bond proceeds or other pledged revenues or other assets, in whole or in part, on the interest rate, cash flow or other basis decided [in], AFTER consultation with the DIRECTOR OF BUDGET AND special disability fund advisory committee, which facility may include without limitation contracts commonly known as interest rate exchange or similar agree- ments, forward purchase contracts or guaranteed investment contracts and futures or contracts providing for payments based on levels of, or changes in, interest rates. These contracts or arrangements may be entered into by the authority in connection with, or incidental to, entering into, or maintaining any (i) agreement which secures bonds of the authority or (ii) investment, or contract providing for investment of reserves or similar facility guaranteeing an investment rate for a period of years not to exceed the underlying term of the bonds. The determination by the authority that an ancillary bond facility or the amendment or termination thereof is necessary or appropriate as afore- said shall be conclusive. Any ancillary bond facility may contain such payment, security, default, remedy, and termination provisions and S. 6405 56 A. 9005 payments and other terms and conditions as determined by the authority, after giving due consideration to the creditworthiness of the counter- party or other obligated party, including any rating by any nationally recognized rating agency, and any other criteria as may be appropriate. S 29. Subdivision 8 of section 1680-l of the public authorities law, as added by chapter 6 of the laws of 2007, is amended to read as follows: 8. All monies of the authority from whatever source derived, THAT ARE PLEDGED PURSUANT TO THIS SECTION, shall be paid to the treasurer of the authority and shall be deposited forthwith in a bank or banks designated by the authority. The monies in such accounts shall be paid out or with- drawn on the order of such person or persons as the authority may authorize to make such requisitions. All deposits of such monies shall either be secured by obligations of the United States or of the state or of any municipality of a market value equal at all times to the amount on deposit, or monies of the authority may be deposited in money market funds rated in the highest short-term or long-term rating category by at least one nationally recognized rating agency. To the extent practica- ble, and consistent with the requirements of the authority, all such monies shall be deposited in interest bearing accounts. The authority shall have power, notwithstanding the provisions of this section, to contract with the holders of any bonds as to the custody, collection, security, investment and payment of any monies of the authority or any monies held in trust or otherwise for the payment of bonds or any way to secure bonds, and carry out any such contract notwithstanding that such contract may be inconsistent with the provisions of this section. Monies held in trust or otherwise for the payment of bonds or in any way to secure bonds and deposits of such moneys may be secured in the same manner as monies of the authority and all banks and trust companies are authorized to give such security for such deposits. Any SUCH monies of the authority not required for immediate use or disbursement may, at the discretion of the authority, be invested in accordance with law and such guidelines as are approved by the authority. S 30. Paragraph (a) of subdivision 10 of section 1680-l of the public authorities law, as added by chapter 6 of the laws of 2007, is amended to read as follows: (a) The state, solely with respect to the resources of the special disability fund AND OF THE FUND FOR REOPENED CASES, AS APPLICABLE and as set forth in [the special disability fund] EACH APPLICABLE financing agreement, covenants with the purchasers and all subsequent owners and transferees of bonds issued by the authority pursuant to this section in consideration of the acceptance of the payment of the bonds, until the bonds, together with the interest thereon, with interest on any unpaid installment of interest and all costs and expenses in connection with any action or proceeding on behalf of the owners, are fully met and discharged or unless expressly permitted or otherwise authorized by the terms of each [special disability fund] APPLICABLE financing agreement and any contract made or entered into by the authority with or for the benefit of such owners, (i) that in the event bonds of the authority are sold as federally tax-exempt bonds, the state shall not take any action or fail to take action that would result in the loss of such federal tax exemption on said bonds, (ii) that the state will cause the workers' compensation board to impose, charge, raise, levy, collect and apply the pledged assessments and other revenues, receipts, funds or moneys pledged for the payment of debt service requirements in each year in which bonds are outstanding, and (iii) further, that the state (A) will S. 6405 57 A. 9005 not materially limit or alter the duties imposed on the workers' compen- sation board, the authority and other officers of the state by [the special disability fund] EACH APPLICABLE financing agreement and the bond proceedings authorizing the issuance of bonds with respect to application of pledged assessments or other revenues, receipts, funds or moneys pledged for the payment of debt service requirements, (B) will not issue any bonds, notes or other evidences of indebtedness, other than the bonds AUTHORIZED BY THIS SECTION, having any rights arising out of paragraph (h) of subdivision eight of section fifteen of the workers' compensation law, SUBDIVISION THREE OF SECTION TWENTY-FIVE-A OF THE WORKERS' COMPENSATION LAW, SECTION ONE HUNDRED FIFTY-ONE OF THE WORKERS' COMPENSATION LAW or this section or secured by any pledge of or other lien or charge on the pledged revenues or other receipts, funds or moneys pledged for the payment of debt service requirements; EXCEPT FOR BONDS AUTHORIZED UNDER SECTION FIFTY-C OF THE WORKERS' COMPENSATION LAW, (C) will not create or cause to be created any lien or charge on the pledged revenues, other than a lien or pledge created thereon pursuant to said sections, (D) will carry out and perform, or cause to be carried out and performed, each and every promise, covenant, agreement or contract made or entered into by [the special disability fund] EACH APPLICABLE financing agreement, by the authority or on its behalf with the bond owners of any bonds, (E) will not in any way impair the rights, exemptions or remedies of the bond owners, and (F) will not limit, modi- fy, rescind, repeal or otherwise alter the rights or obligations of the appropriate officers of the state to impose, maintain, charge or collect the assessments and other revenues or receipts constituting the pledged revenues as may be necessary to produce sufficient revenues to fulfill the terms of the proceedings authorizing the issuance of the bonds, including pledged revenue coverage requirements, provided, however, (i) the remedies available to the authority and the bondholders for any breach of the pledges and agreements of the state set forth in this subclause shall be limited to injunctive relief, (ii) nothing in this subdivision shall prevent the authority from issuing evidences of indebtedness (A) which are secured by a pledge or lien which is, and shall on the face thereof, be expressly subordinate and junior in all respects to every lien and pledge created by or pursuant to said sections, or (B) which are secured by a pledge of or lien on moneys or funds derived on or after the date every pledge or lien thereon created by or pursuant to said sections shall be discharged and satisfied, and (iii) nothing in this subdivision shall preclude the state from exercis- ing its power, through a change in law, to limit, modify, rescind, repeal or otherwise alter the character of the pledged assessments or revenues or to substitute like or different sources of assessments, taxes, fees, charges or other receipts as pledged revenues if and when adequate provision shall be made by law for the protection of the hold- ers of outstanding bonds pursuant to the proceedings under which the bonds are issued, including changing or altering the method of estab- lishing the special assessments. The authority is authorized to include this covenant of the state, as a contract of the state, in any agreement with the owner of any bonds issued pursuant to this section and in any credit facility or reimburse- ment agreement with respect to such bonds. Notwithstanding these pledges and agreements by the state, the attorney general may in his or her discretion enforce any and all provisions related to the special disa- bility fund, without limitation. S. 6405 58 A. 9005 S 31. Paragraph (t) of subdivision 1 of section 1680-q of the public authorities law, as added by section 35 of part GG of chapter 57 of the laws of 2013, is amended to read as follows: (t) "Self-insured bond financing agreement" or "financing agreement" means an agreement authorized and created pursuant to subdivision four of this section and section fifty-c of the workers' compensation law, as [same by its terms and bond proceedings,] SUCH AGREEMENT may be amended. S 32. Subdivision 1 of section 1680-q of the public authorities law, as added by section 35 of part GG of chapter 57 of the laws of 2013, is amended by adding a new paragraph (u) to read as follows: (U) "WORKERS' COMPENSATION LIABILITY INSURANCE POLICY" OR "ASSUMPTION OF WORKERS' COMPENSATION LIABILITY INSURANCE POLICY" MEANS ANY POLICY EXECUTED BY THE CHAIR PURSUANT TO SUBPARAGRAPH (A) OF PARAGRAPH SEVEN OF SUBDIVISION THREE-A OF SECTION FIFTY OF THE WORKERS' COMPENSATION LAW PROVIDING FOR THE ASSUMPTION OF ALL OR PART OF SUCH FURTHER AND FUTURE CONTINGENT WORKERS' COMPENSATION LIABILITY AS MAY ARISE FROM PRIOR INJU- RIES TO WORKERS. SUCH POLICY SHALL BE IN A FORM APPROVED BY THE SUPER- INTENDENT OF FINANCIAL SERVICES AND ISSUED BY THE STATE INSURANCE FUND OR ANY INSURANCE COMPANY LICENSED TO ISSUE THIS CLASS OF INSURANCE IN THIS STATE. IN THE EVENT THAT SUCH POLICY IS ISSUED BY AN INSURANCE COMPANY OTHER THAN THE STATE INSURANCE FUND, THEN SUCH POLICY SHALL BE DEEMED OF THE KIND SPECIFIED IN PARAGRAPH FIFTEEN OF SUBSECTION (A) OF SECTION ONE THOUSAND ONE HUNDRED THIRTEEN OF THE INSURANCE LAW AND COVERED BY THE WORKERS' COMPENSATION SECURITY FUND AS CREATED AND GOVERNED BY ARTICLE SIX-A OF THE WORKERS' COMPENSATION LAW. SUCH A POLI- CY SHALL ONLY BE ISSUED FOR A SINGLE COMPLETE PREMIUM PAYMENT THAT IS PAYABLE IN ADVANCE AND IN AN AMOUNT DEEMED ACCEPTABLE BY THE CHAIR AND THE SUPERINTENDENT OF FINANCIAL SERVICES. WHEN ISSUED SUCH POLICY SHALL BE NONCANCELLABLE WITHOUT RECOURSE FOR ANY CAUSE DURING THE CONTINUANCE OF THE LIABILITY SECURED AND SO COVERED. S 33. Subdivision 2 of section 1680-q of the public authorities law, as added by section 35 of part GG of chapter 57 of the laws of 2013, is REPEALED and a new subdivision 2 is added to read as follows: 2. THE AUTHORITY IS HEREBY AUTHORIZED TO ISSUE BONDS TO REDUCE ASSESS- MENTS IMPOSED ON SELF-INSURED EMPLOYERS UNDER SECTION FIFTY OF THE WORK- ERS' COMPENSATION LAW AS A RESULT OF THE UNFUNDED CLAIMS OF INDIVIDUAL AND GROUP SELF-INSURERS. THE AUTHORITY MAY ENTER INTO ONE OR MORE SELF- INSURED BOND FINANCING AGREEMENTS DESCRIBED IN SECTION FIFTY-C OF THE WORKERS' COMPENSATION LAW. ALL OF THE PROVISIONS OF THE PUBLIC AUTHORI- TIES LAW RELATING TO BONDS AND NOTES OF THE DORMITORY AUTHORITY WHICH ARE NOT INCONSISTENT WITH THE PROVISIONS OF THIS SECTION SHALL APPLY TO OBLIGATIONS AUTHORIZED BY THIS SECTION, INCLUDING BUT NOT LIMITED TO THE POWER TO ESTABLISH ADEQUATE RESERVES THEREFOR AND TO ISSUE RENEWAL NOTES OR REFUNDING BONDS THEREOF. S 34. Subparagraph (iii) of paragraph (a) of subdivision 5 of section 1680-q of the public authorities law, as added by section 35 of part GG of chapter 57 of the laws of 2013, is amended to read as follows: (iii) The authority shall have the power and is hereby authorized from time to time to issue bonds, [in] AFTER consultation with the chair, the commissioner of taxation and finance and the director of the budget, to refund any bonds issued under this section by the issuance of new bonds, whether the bonds to be refunded have or have not matured, and to issue bonds partly to refund bonds then outstanding and partly for any of its other corporate purposes under this section. The refunding bonds may be exchanged for the bonds to be refunded or sold and the proceeds applied to the purchase, redemption or payment of such bonds. S. 6405 59 A. 9005 S 35. Paragraph (g) of subdivision 5 of section 1680-q of the public authorities law, as added by section 35 of part GG of chapter 57 of the laws of 2013, is amended to read as follows: (g) The authority may enter into, amend or terminate, as it determines to be necessary or appropriate, any ancillary bond facility [in] AFTER consultation with the chair and director of the budget (i) to facilitate the issuance, sale, resale, purchase, repurchase or payment of bonds, interest rate savings or market diversification or the making or performance of interest rate exchange or similar agreements, including without limitation bond insurance, letters of credit and liquidity facilities, (ii) to attempt to manage or hedge risk or achieve a desira- ble effective interest rate or cash flow, or (iii) to place the obli- gations or investments of the authority, as represented by the bonds or the investment of reserved bond proceeds or other pledged revenues or other assets, in whole or in part, on the interest rate, cash flow or other basis decided [in] AFTER consultation with the chair and director of the budget, which facility may include without limitation contracts commonly known as interest rate exchange or similar agreements, forward purchase contracts or guaranteed investment contracts and futures or contracts providing for payments based on levels of, or changes in, interest rates. These contracts or arrangements may be entered into by the authority in connection with, or incidental to, entering into, or maintaining any agreement which secures bonds of the authority or investment, or contract providing for investment of reserves or similar facility guaranteeing an investment rate for a period of years not to exceed the underlying term of the bonds. The determination by the authority that an ancillary bond facility or the amendment or termi- nation thereof is necessary or appropriate as aforesaid shall be conclu- sive. Any ancillary bond facility may contain such payment, security, default, remedy, and termination provisions and payments and other terms and conditions as determined by the authority, after giving due consid- eration to the creditworthiness of the counterparty or other obligated party, including any rating by any nationally recognized rating agency, and any other criteria as may be appropriate. S 36. Subdivision 8 of section 1680-q of the public authorities law, as added by section 35 of part GG of chapter 57 of the laws of 2013, is amended to read as follows: 8. All monies of the authority from whatever source derived, THAT ARE PLEDGED PURSUANT TO THIS SECTION, shall be paid to the treasurer of the authority and shall be deposited forthwith in a bank or banks designated by the authority. The monies in such accounts shall be paid out or with- drawn on the order of such person or persons as the authority may authorize to make such requisitions. All deposits of such monies shall either be secured by obligations of the United States or of the state or of any municipality of a market value equal at all times to the amount on deposit, or monies of the authority may be deposited in money market funds rated in the highest short-term or long-term rating category by at least one nationally recognized rating agency. To the extent practica- ble, and consistent with the requirements of the authority, all such monies shall be deposited in interest bearing accounts. The authority shall have power, notwithstanding the provisions of this section, to contract with the holders of any bonds as to the custody, collection, security, investment and payment of any monies of the authority or any monies held in trust or otherwise for the payment of bonds or any way to secure bonds, and carry out any such contract notwithstanding that such contract may be inconsistent with the provisions of this section. Monies S. 6405 60 A. 9005 held in trust or otherwise for the payment of bonds or in any way to secure bonds and deposits of such moneys may be secured in the same manner as monies of the authority and all banks and trust companies are authorized to give such security for such deposits. Any SUCH monies of the authority not required for immediate use or disbursement may, at the discretion of the authority, be invested in accordance with law and such guidelines as are approved by the authority. S 37. Clause (B) of subparagraph (iii) of paragraph (a) of subdivision 10 of section 1680-q of the public authorities law, as added by section 35 of part GG of chapter 57 of the laws of 2013, is amended to read as follows: (B) will not issue any bonds, notes or other evidences of indebt- edness, other than the bonds authorized by this section, having any rights arising out of subparagraph two of paragraph c of subdivision five of section fifty of the workers' compensation law, SECTION ONE HUNDRED FIFTY-ONE OF THE WORKERS' COMPENSATION LAW, or this section or secured by any pledge of or other lien or charge on the revenues pledged for the payment of debt service requirements; except for bonds author- ized under subdivision eight of section fifteen of the workers' compen- sation law, OR UNDER SUBDIVISION THREE OF SECTION TWENTY-FIVE-A OF THE WORKERS' COMPENSATION LAW. S 38. The opening paragraph of section 3443 of the insurance law, as added by chapter 924 of the laws of 1990, is amended to read as follows: An insurer issuing a workers' compensation and employers' liability insurance policy, [and a group self-insurer for municipal corporations as defined in subdivision three-a of section fifty of the workers' compensation law,] may offer, as part of the policy or by endorsement, deductibles optional to the policyholder for benefits payable under the policy, subject to approval by the superintendent and subject to under- writing by the insurer, consistent with the following standards or factors: S 39. This act shall take effect immediately; provided, however, that sections seventeen and eighteen of this act shall take effect January 1, 2017. PART H Section 1. Section 200 of the workers' compensation law, as added by chapter 600 of the laws of 1949, is amended to read as follows: S 200. Short title. This article shall be known and may be cited as the "disability benefits law AND THE PAID FAMILY LEAVE BENEFITS LAW." S 2. Subdivision 14 of section 201 of the workers' compensation law, as added by chapter 600 of the laws of 1949 and as renumbered by chapter 438 of the laws of 1964, is amended and eleven new subdivisions 15, 16, 17, 18, 19, 20, 21, 22, 23, 24 and 25 are added to read as follows: 14. "A day of disability" means any day on which the employee was prevented from performing work because of disability, INCLUDING ANY DAY WHICH THE EMPLOYEE USES FOR FAMILY CARE, and for which [he] THE EMPLOYEE has not received his OR HER regular remuneration. 15. "FAMILY LEAVE" SHALL MEAN ANY LEAVE TAKEN BY AN EMPLOYEE FROM WORK TO PARTICIPATE IN PROVIDING CARE, INCLUDING PHYSICAL OR PSYCHOLOGICAL CARE, FOR A FAMILY MEMBER OF THE EMPLOYEE MADE NECESSARY BY A SERIOUS HEALTH CONDITION OF THE FAMILY MEMBER; OR TO BOND WITH THE EMPLOYEE'S CHILD DURING THE FIRST TWELVE MONTHS AFTER THE CHILD'S BIRTH, OR THE FIRST TWELVE MONTHS AFTER THE PLACEMENT OF THE CHILD FOR ADOPTION OR FOSTER CARE WITH THE EMPLOYEE; OR BECAUSE OF ANY QUALIFYING EXIGENCY AS S. 6405 61 A. 9005 INTERPRETED UNDER THE FAMILY AND MEDICAL LEAVE ACT, 29 U.S.C.S S 2612(A)(1)(E) AND 29 C.F.R. S.825.126(A)(1)-(8), ARISING OUT OF THE FACT THAT THE SPOUSE, DOMESTIC PARTNER, CHILD, OR PARENT OF THE EMPLOYEE IS ON ACTIVE DUTY (OR HAS BEEN NOTIFIED OF AN IMPENDING CALL OR ORDER TO ACTIVE DUTY) IN THE ARMED FORCES OF THE UNITED STATES. 16. "CHILD" MEANS A BIOLOGICAL, ADOPTED, OR FOSTER SON OR DAUGHTER, A STEPSON OR STEPDAUGHTER, A LEGAL WARD, A SON OR DAUGHTER OF A DOMESTIC PARTNER, OR THE PERSON TO WHOM THE EMPLOYEE STANDS IN LOCO PARENTIS. 17. "DOMESTIC PARTNER" HAS THE SAME MEANING AS SET FORTH IN SECTION FOUR OF THIS CHAPTER. 18. "SERIOUS HEALTH CONDITION" MEANS AN ILLNESS, INJURY, IMPAIRMENT, OR PHYSICAL OR MENTAL CONDITION THAT INVOLVES INPATIENT CARE IN A HOSPI- TAL, HOSPICE, OR RESIDENTIAL HEALTH CARE FACILITY, OR CONTINUING TREAT- MENT OR CONTINUING SUPERVISION BY A HEALTH CARE PROVIDER AND REQUIRING ASSISTANCE TO PERFORM THE ACTIVITIES OF DAILY LIVING. 19. "PARENT" MEANS A BIOLOGICAL, FOSTER, OR ADOPTIVE PARENT, A PARENT-IN-LAW, A STEPPARENT, A LEGAL GUARDIAN, OR OTHER PERSON WHO STOOD IN LOCO PARENTIS TO THE EMPLOYEE WHEN THE EMPLOYEE WAS A CHILD. 20. "FAMILY MEMBER" MEANS A CHILD, PARENT, GRANDPARENT, GRANDCHILD, SIBLING, SPOUSE, OR DOMESTIC PARTNER AS DEFINED IN THIS SECTION. 21. "GRANDCHILD" MEANS A CHILD OF THE EMPLOYEE'S CHILD. 22. "HEALTH CARE PROVIDER" SHALL MEAN A PERSON LICENSED UNDER ARTICLE ONE HUNDRED THIRTY-ONE, ONE HUNDRED THIRTY-ONE-B, ONE HUNDRED THIRTY-TWO, ONE HUNDRED THIRTY-THREE, ONE HUNDRED THIRTY-SIX, ONE HUNDRED THIRTY-NINE, ONE HUNDRED FORTY-ONE, ONE HUNDRED FORTY-THREE, ONE HUNDRED FORTY-FOUR, ONE HUNDRED FIFTY-THREE, ONE HUNDRED FIFTY-FOUR, ONE HUNDRED FIFTY-SIX OR ONE HUNDRED FIFTY-NINE OF THE EDUCATION LAW OR A PERSON LICENSED UNDER THE PUBLIC HEALTH LAW. 23. "GRANDPARENT" MEANS A PARENT OF THE EMPLOYEE'S PARENT. 24. "SIBLING" MEANS A PERSON RELATED TO ANOTHER PERSON BY BLOOD, ADOPTION, OR AFFINITY THROUGH A COMMON LEGAL OR BIOLOGICAL PARENT. 25. "FAMILY CARE" SHALL MEAN ANY LEAVE TAKEN BY AN EMPLOYEE FROM WORK: (A) TO PARTICIPATE IN PROVIDING CARE, INCLUDING PHYSICAL OR PSYCHOLOG- ICAL CARE, FOR A FAMILY MEMBER OF THE EMPLOYEE MADE NECESSARY BY A SERI- OUS HEALTH CONDITION OF THE FAMILY MEMBER; OR (B) TO BOND WITH THE EMPLOYEE'S CHILD DURING THE FIRST TWELVE MONTHS AFTER THE CHILD'S BIRTH, OR THE FIRST TWELVE MONTHS AFTER THE PLACEMENT OF THE CHILD FOR ADOPTION OR FOSTER CARE WITH THE EMPLOYEE; OR (C) BECAUSE OF ANY QUALIFYING EXIGENCY AS INTERPRETED UNDER THE FAMILY AND MEDICAL LEAVE ACT, 29 U.S.C. S 2612(A)(1)(E) AND 29 C.F.R. S 825.126(A)(1)-(8), ARISING OUT OF THE FACT THAT THE SPOUSE, DOMESTIC PARTNER, CHILD, OR PARENT OF THE EMPLOYEE IS ON ACTIVE DUTY OR HAS BEEN NOTIFIED OF AN IMPENDING CALL OR ORDER TO ACTIVE DUTY IN THE ARMED FORC- ES OF THE UNITED STATES. S 3. Section 203 of the workers' compensation law, as amended by chap- ter 436 of the laws of 1986, is amended to read as follows: S 203. Employees eligible for benefits under section two hundred four OF THIS ARTICLE. Employees in employment of a covered employer for four or more consecutive weeks and employees in employment during the work period usual to and available during such four or more consecutive weeks in any trade or business in which they are regularly employed and in which hiring from day to day of such employees is the usual employment practice shall be eligible for disability AND FAMILY LEAVE benefits as provided in section two hundred four OF THIS ARTICLE. EVERY SUCH EMPLOYEE SHALL CONTINUE TO BE ELIGIBLE FOR FAMILY LEAVE BENEFITS ONLY DURING EMPLOYMENT WITH A COVERED EMPLOYER. Every such employee shall S. 6405 62 A. 9005 continue to be eligible FOR DISABILITY BENEFITS during such employment and for a period of four weeks after such employment terminates regard- less of whether the employee performs any work for remuneration or profit in non-covered employment. If during such four week period the employee performs any work for remuneration or profit for another covered employer the employee shall become eligible for DISABILITY bene- fits immediately with respect to that employment. In addition every such employee who HAS PREVIOUSLY COMPLETED FOUR OR MORE CONSECUTIVE WEEKS IN EMPLOYMENT WITH THE COVERED EMPLOYER AND returns to work with the same employer after an agreed and specified unpaid leave of absence or vaca- tion without pay shall become eligible for DISABILITY AND FAMILY LEAVE benefits immediately with respect to such employment. An employee who during a period in which he or she is eligible to receive benefits under subdivision two of section two hundred seven OF THIS ARTICLE returns to employment with a covered employer and an employee who is currently receiving unemployment insurance benefits or benefits under section two hundred seven OF THIS ARTICLE and who returns to employment with a covered employer shall become eligible for DISABILITY benefits imme- diately with respect to such employment. An employee regularly in the employment of a single employer on a work schedule less than the employ- er's normal work week shall become eligible for DISABILITY AND FAMILY LEAVE benefits on the twenty-fifth day of such regular employment. An employee who [becomes disabled while] IS eligible for DISABILITY AND FAMILY LEAVE benefits in the employment of a covered employer shall not be deemed, for the purposes of this article, to have such employment terminated during any period he or she is eligible to receive benefits under section two hundred four OF THIS ARTICLE with respect to such employment. S 4. The workers' compensation law is amended by adding two new sections 203-a and 203-b to read as follows: S 203-A. RETALIATORY ACTION PROHIBITED FOR FAMILY LEAVE. 1. THE PROVISIONS OF SECTION ONE HUNDRED TWENTY OF THIS CHAPTER AND SECTION TWO HUNDRED FORTY-ONE OF THIS ARTICLE SHALL BE APPLICABLE TO FAMILY LEAVE. 2. NOTHING IN THIS SECTION SHALL BE DEEMED TO DIMINISH THE RIGHTS, PRIVILEGES, OR REMEDIES OF ANY EMPLOYEE UNDER ANY COLLECTIVE BARGAINING AGREEMENT OR EMPLOYMENT CONTRACT. S 203-B. REINSTATEMENT FOLLOWING FAMILY LEAVE. ANY ELIGIBLE EMPLOYEE OF A COVERED EMPLOYER WHO TAKES LEAVE UNDER THIS SECTION SHALL BE ENTI- TLED, ON RETURN FROM SUCH LEAVE, TO BE RESTORED BY THE EMPLOYER TO THE POSITION OF EMPLOYMENT HELD BY THE EMPLOYEE WHEN THE LEAVE COMMENCED, OR TO BE RESTORED TO A COMPARABLE POSITION WITH COMPARABLE EMPLOYMENT BENE- FITS, PAY AND OTHER TERMS AND CONDITIONS OF EMPLOYMENT. THE TAKING OF FAMILY LEAVE SHALL NOT RESULT IN THE LOSS OF ANY EMPLOYMENT BENEFIT ACCRUED PRIOR TO THE DATE ON WHICH THE LEAVE COMMENCED. NOTHING IN THIS SECTION SHALL BE CONSTRUED TO ENTITLE ANY RESTORED EMPLOYEE TO THE ACCRUAL OF ANY SENIORITY OR EMPLOYMENT BENEFITS DURING ANY PERIOD OF LEAVE, OR ANY RIGHT, BENEFIT OR POSITION TO WHICH THE EMPLOYEE WOULD HAVE BEEN ENTITLED HAD THE EMPLOYEE NOT TAKEN THE LEAVE. S 5. Section 204 of the workers' compensation law, as added by chapter 600 of the laws of 1949, subdivision 2 as amended by chapter 38 of the laws of 1989, is amended to read as follows: S 204. Disability AND FAMILY LEAVE during employment. 1. Disability benefits shall be payable to an eligible employee for disabilities [commencing after June thirtieth, nineteen hundred fifty], beginning with the eighth [consecutive] day of disability and thereafter during the continuance of disability, subject to the limitations as to maximum S. 6405 63 A. 9005 and minimum amounts and duration and other conditions and limitations in this section and in sections two hundred five and two hundred six OF THIS ARTICLE. FAMILY LEAVE BENEFITS SHALL BE PAYABLE TO AN ELIGIBLE EMPLOYEE FOR THE FIRST FULL DAY WHEN FAMILY LEAVE IS REQUIRED AND THERE- AFTER DURING THE CONTINUANCE OF THE NEED FOR FAMILY LEAVE, SUBJECT TO THE LIMITATIONS AS TO MAXIMUM AND MINIMUM AMOUNTS AND DURATION AND OTHER CONDITIONS AND LIMITATIONS IN THIS SECTION AND IN SECTIONS TWO HUNDRED FIVE AND TWO HUNDRED SIX OF THIS ARTICLE. Successive periods of disabil- ity caused by the same or related injury or sickness shall be deemed a single period of disability OR FAMILY LEAVE only if separated by less than three months. 2. (A) THE WEEKLY BENEFIT FOR FAMILY LEAVE THAT OCCURS (I) ON OR AFTER JANUARY FIRST, TWO THOUSAND EIGHTEEN SHALL BE THIRTY-FIVE PERCENT OF THE EMPLOYEE'S AVERAGE WEEKLY WAGE BUT SHALL NOT EXCEED THIRTY-FIVE PERCENT OF THE STATE AVERAGE WEEKLY WAGE, (II) ON OR AFTER JANUARY FIRST, TWO THOUSAND NINETEEN SHALL BE FORTY PERCENT OF THE EMPLOYEE'S AVERAGE WEEK- LY WAGE BUT SHALL NOT EXCEED FORTY PERCENT OF THE STATE AVERAGE WEEKLY WAGE, (III) ON OR AFTER JANUARY FIRST, TWO THOUSAND TWENTY SHALL BE FORTY-FIVE PERCENT OF THE EMPLOYEE'S AVERAGE WEEKLY WAGE BUT SHALL NOT EXCEED FORTY-FIVE PERCENT OF THE STATE AVERAGE WEEKLY WAGE, AND (IV) ON OR AFTER JANUARY FIRST OF EACH SUCCEEDING YEAR, SHALL BE FIFTY PERCENT OF THE EMPLOYEE'S AVERAGE WEEKLY WAGE BUT SHALL NOT EXCEED FIFTY PERCENT OF THE NEW YORK STATE AVERAGE WEEKLY WAGE IN EFFECT. THE WEEKLY BENE- FITS FOR FAMILY LEAVE THAT OCCURS ON OR AFTER JANUARY FIRST, TWO THOU- SAND EIGHTEEN SHALL NOT BE LESS THAN ONE HUNDRED DOLLARS PER WEEK EXCEPT THAT IF THE EMPLOYEE'S WAGES AT THE TIME OF INJURY ARE LESS THAN ONE HUNDRED DOLLARS PER WEEK, THE EMPLOYEE SHALL RECEIVE HIS OR HER FULL WAGES. (B) The weekly benefit which the disabled employee is entitled to receive for disability commencing on or after May first, nineteen hundred eighty-nine shall be one-half of the employee's weekly wage, but in no case shall such benefit exceed one hundred seventy dollars; except that if the employee's average weekly wage is less than twenty dollars, the benefit shall be such average weekly wage. The weekly benefit which the disabled employee is entitled to receive for disability commencing on or after July first, nineteen hundred eighty-four shall be one-half of the employee's weekly wage, but in no case shall such benefit exceed one hundred forty-five dollars; except that if the employee's average weekly wage is less than twenty dollars, the benefit shall be such aver- age weekly wage. The weekly benefit which the disabled employee is enti- tled to receive for disability commencing on or after July first, nine- teen hundred eighty-three and prior to July first, nineteen hundred eighty-four shall be one-half of the employee's average weekly wage, but in no case shall such benefit exceed one hundred thirty-five dollars nor be less than twenty dollars; except that if the employee's average week- ly wage is less than twenty dollars the benefit shall be such average weekly wage. The weekly benefit which the disabled employee is entitled to receive for disability commencing on or after July first, nineteen hundred seventy-four, and prior to July first, nineteen hundred eighty- three, shall be one-half of the employee's average weekly wage, but in no case shall such benefit exceed ninety-five dollars nor be less than twenty dollars; except that if the employee's average weekly wage is less than twenty dollars, the benefit shall be such average weekly wage. The weekly benefit which the disabled employee is entitled to receive for disability commencing on or after July first, nineteen hundred seventy and prior to July first, nineteen hundred seventy-four shall be S. 6405 64 A. 9005 one-half of the employee's average weekly wage, but in no case shall such benefit exceed seventy-five dollars nor be less than twenty dollars; except that if the employee's average weekly wage is less than twenty dollars the benefit shall be such average weekly wage. For any period of disability less than a full week, the benefits payable shall be calculated by dividing the weekly benefit by the number of the employee's normal work days per week and multiplying the quotient by the number of normal work days in such period of disability. The weekly benefit for a disabled employee who is concurrently eligible for bene- fits in the employment of more than one covered employer shall, within the maximum and minimum herein provided, be one-half of the total of the employee's average weekly wages received from all such covered employ- ers, and shall be allocated in the proportion of their respective aver- age weekly wage payments. S 6. Section 205 of the workers' compensation law, as added by chapter 600 of the laws of 1949, subdivision 1 as amended by chapter 651 of the laws of 1958, subdivision 2 as amended by chapter 270 of the laws of 1990, subdivision 5 as amended by chapter 288 of the laws of 1970, and subdivisions 3, 4, 5, 6, 7 and 8 as renumbered by chapter 352 of the laws of 1981, is amended to read as follows: S 205. Disabilities, FAMILY LEAVE and [disability] periods for which benefits are not payable. 1. No employee shall be entitled to DISABILITY benefits under this article: [1.] (A) For more than twenty-six weeks during a period of fifty-two consecutive calendar weeks or during any one period of disability, OR FOR MORE THAN TWENTY-SIX WEEKS MINUS ANY DAYS TAKEN FOR FAMILY LEAVE DURING ANY FIFTY-TWO CONSECUTIVE CALENDAR WEEKS; [2.] (B) for any period of disability during which an employee is not under the care of a duly licensed [physician or with respect to disabil- ity resulting from a condition of the foot which may lawfully be treated by a duly registered and licensed podiatrist of the state of New York or with respect to a disability resulting from a condition which may lawfully be treated by a duly registered and licensed chiropractor of the state of New York or with respect to a disability resulting from a condition which may lawfully be treated by a duly licensed dentist of the state of New York or with respect to a disability resulting from a condition which may lawfully be treated by a duly registered and licensed psychologist of the state of New York or with respect to a disability resulting from a condition which may lawfully be treated by a duly certified nurse midwife, for any period of such disability during which an employee is neither under the care of a physician nor a podia- trist, nor a chiropractor, nor a dentist, nor a psychologist, nor a certified nurse midwife] HEALTH CARE PROVIDER; and for any period of disability during which an employee who adheres to the faith or teach- ings of any church or denomination and who in accordance with its creed, tenets or principles depends for healing upon prayer through spiritual means alone in the practice of religion, is not under the care of a practitioner duly accredited by the church or denomination, and provided such employee shall submit to all physical examinations as required by this chapter. 2. NO EMPLOYEE SHALL BE ENTITLED TO FAMILY LEAVE BENEFITS UNDER THIS ARTICLE: (A) FOR MORE THAN TWELVE WEEKS DURING A PERIOD OF FIFTY-TWO CONSEC- UTIVE CALENDAR WEEKS, OR WHEN AN EMPLOYEE HAS ALREADY RECEIVED TWENTY-SIX WEEKS OF DISABILITY BENEFITS, OR FOR ANY PERIOD IN WHICH THE FAMILY LEAVE COMBINED WITH THE DISABILITY BENEFITS PREVIOUSLY PAID S. 6405 65 A. 9005 EXCEEDS TWENTY-SIX WEEKS DURING THE SAME FIFTY-TWO CONSECUTIVE CALENDAR WEEKS; (B) FOR ANY PERIOD OF FAMILY LEAVE WHEREIN THE NOTICE AND MEDICAL CERTIFICATION AS PRESCRIBED BY THE CHAIR HAS NOT BEEN FILED. AT THE DISCRETION OF THE CHAIR OR CHAIR'S DESIGNEE, THE FAMILY MEMBER WHO IS THE RECIPIENT OF CARE MAY BE REQUIRED TO SUBMIT TO A PHYSICAL EXAMINA- TION BY A QUALIFIED HEALTH CARE PROVIDER. SUCH EXAMINATION SHALL BE PAID FOR BY THE CARRIER. (C) AS A CONDITION OF AN EMPLOYEE'S INITIAL RECEIPT OF FAMILY LEAVE BENEFITS DURING ANY TWELVE-MONTH PERIOD IN WHICH AN EMPLOYEE IS ELIGIBLE FOR THESE BENEFITS, AN EMPLOYER MAY REQUIRE AN EMPLOYEE WHO HAS ACCRUED BUT UNUSED VACATION TIME OR PERSONAL LEAVE AVAILABLE AT THE TIME OF USE OF AVAILABLE FAMILY LEAVE TO CHOOSE WHETHER TO CHARGE TIME TO ACCRUED BUT UNUSED VACATION OR PERSONAL LEAVE, AND RECEIVE FULL SALARY, OR TO NOT CHARGE TIME TO ACCRUED BUT UNUSED VACATION OR PERSONAL LEAVE, AND RECEIVE THE BENEFIT AS SET FORTH IN SECTION TWO HUNDRED FOUR OF THIS ARTICLE. WITH THE ELECTION OF EITHER OPTION, THE EMPLOYEE SHALL RECEIVE THE FULL PROTECTION OF THE REINSTATEMENT PROVISION SET FORTH IN SECTION TWO HUNDRED THREE-B OF THIS ARTICLE, AND SHALL CONCURRENTLY USE AVAIL- ABLE FAMILY MEDICAL LEAVE ACT AND PAID FAMILY LEAVE CREDITS. IN NO EVENT CAN AN EMPLOYEE UTILIZE FAMILY LEAVE BEYOND THE TWELVE WEEKS PER ANY FIFTY-TWO WEEK PERIOD SET FORTH IN THIS ARTICLE. THIS PARAGRAPH MAY NOT BE CONSTRUED IN A MANNER THAT RELIEVES AN EMPLOYER OF ANY DUTY OF COLLECTIVE BARGAINING THE EMPLOYER MAY HAVE WITH RESPECT TO THE SUBJECT MATTER OF THIS PARAGRAPH. 3. NO EMPLOYEE SHALL BE ENTITLED TO DISABILITY OR FAMILY LEAVE BENE- FITS UNDER THIS ARTICLE: (A) for any disability occasioned by the wilful intention of the employee to bring about injury to or the sickness of himself or another, or resulting from any injury or sickness sustained in the perpetration by the employee of an illegal act; [4.] (B) for any day of disability OR FAMILY LEAVE during which the employee performed work for remuneration or profit; [5.] (C) for any day of disability OR FAMILY LEAVE for which the employee is entitled to receive from his OR HER employer, or from a fund to which the employer has contributed, remuneration or maintenance in an amount equal to or greater than that to which he OR SHE would be enti- tled under this article; but any voluntary contribution or aid which an employer may make to an employee or any supplementary benefit paid to an employee pursuant to the provisions of a collective bargaining agreement or from a trust fund to which contributions are made pursuant to the provisions of a collective bargaining agreement shall not be considered as continued remuneration or maintenance for this purpose; [6.] (D) for any period in respect to which such employee is subject to suspension or disqualification of the accumulation of unemployment insurance benefit rights, or would be subject if he OR SHE were eligible for such benefit rights, except for ineligibility resulting from the employee's disability; [7.] (E) for any disability due to any act of war, declared or unde- clared[, if such act shall occur after June thirtieth, nineteen hundred fifty]; [8.] (F) for any disability OR FAMILY LEAVE commencing before the employee becomes eligible to benefits [hereunder or commencing prior to July first, nineteen hundred fifty, but this shall not preclude benefits for recurrence after July first, nineteen hundred fifty, of a disability commencing prior thereto] UNDER THIS SECTION. S. 6405 66 A. 9005 4. AN EMPLOYEE WHO HAS GIVEN BIRTH SHALL SELECT WHETHER SHE WILL SEEK BENEFITS PURSUANT TO SUBDIVISION ONE OR TWO OF THIS SECTION. AN EMPLOYEE MAY NOT SEEK BENEFITS CONCURRENTLY UNDER BOTH SUBDIVISIONS ONE AND TWO OF THIS SECTION FOLLOWING CHILDBIRTH. S 7. Section 206 of the workers' compensation law, as amended by chap- ter 699 of the laws of 1956, paragraph (a) of subdivision 1 as separate- ly amended by chapters 699 and 929 of the laws of 1956 and subdivision 2 as amended by chapter 24 of the laws of 1988, is amended to read as follows: S 206. Non-duplication of benefits. 1. No DISABILITY benefits shall be payable under section two hundred four or two hundred seven OF THIS ARTICLE: (a) in a weekly benefit amount which, together with any amount that the employee receives or is entitled to receive for the same period or any part thereof as a permanent disability benefit or annuity under any governmental system or program, except under a veteran's disability program, or under any permanent disability policy or program of an employer for whom he OR SHE has performed services, would, if appor- tioned to weekly periods, exceed his OR HER weekly benefit amount [here- under] UNDER THIS SECTION, provided however, that there shall be no offset against the benefits set forth in this article if the claim for disability benefits is based on a disability other than the permanent disability for which the aforesaid permanent disability benefit or annu- ity was granted; (b) with respect to any week for which payments are received under the unemployment insurance law or similar law of this state or of any other state or of the United States; (c) subject to the provisions of subdivision two of this section, for any period with respect to which benefits, compensation or other allow- ances (other than [workmen's] WORKERS' compensation benefits for a permanent partial disability occurring prior to the disability for which benefits are claimed hereunder) are paid or payable under this chapter, the volunteer [firemen's] FIREFIGHTERS' benefit law, or any other [work- men's] WORKERS' compensation act, occupational disease act or similar law, or under any employers' liability act or similar law; under any other temporary disability or cash sickness benefits act or similar law; under section six hundred eighty-eight, title forty-six, United States code; under the federal employers' liability act; or under the maritime doctrine of maintenance, wages and cure. 2. If an employee who is eligible for DISABILITY benefits under section two hundred three or two hundred seven OF THIS ARTICLE is disa- bled and has claimed or subsequently claims workers' compensation bene- fits under this chapter or benefits under the volunteer firefighters' benefit law or the volunteer ambulance workers' benefit law, and such claim is controverted on the ground that the employee's disability was not caused by an accident that arose out of and in the course of his employment or by an occupational disease, or by an injury in line of duty as a volunteer firefighter or volunteer ambulance worker, the employee shall be entitled in the first instance to receive benefits under this article for his OR HER disability. If benefits have been paid under this article in respect to a disability alleged to have arisen out of and in the course of the employment or by reason of an occupational disease, or in line of duty as a volunteer firefighter or a volunteer ambulance worker, the employer or carrier or the chairman making such payment may, at any time before award of workers' compensation benefits, or volunteer firefighters' benefits or volunteer ambulance workers' S. 6405 67 A. 9005 benefits, is made, file with the board a claim for reimbursement out of the proceeds of such award to the employee for the period for which disability benefits were paid to the employee under this article, and shall have a lien against the award for reimbursement, notwithstanding the provisions of section thirty-three of this chapter or section twen- ty-three of the volunteer firefighters' benefit law or section twenty- three of the volunteer ambulance workers' benefit law provided the insurance carrier liable for payment of the award receives, before such award is made, a copy of the claim for reimbursement from the employer, carrier or [chairman] CHAIR who paid disability benefits, or provided the board's decision and award directs such reimbursement therefrom. 3. NO FAMILY LEAVE BENEFITS SHALL BE PAYABLE UNDER SECTION TWO HUNDRED FOUR OF THIS ARTICLE: (A) DURING PERIODS WHEN THE EMPLOYEE IS RECEIVING WORKERS' COMPEN- SATION LOST WAGE BENEFITS, BENEFITS UNDER THE VOLUNTEER FIREFIGHTERS' BENEFIT LAW OR THE VOLUNTEER AMBULANCE WORKERS' BENEFIT LAW OR UNDER ANY STATE'S LAW; (B) TO AN EMPLOYEE WHO IS NOT EMPLOYED OR IS ON ADMINISTRATIVE LEAVE FROM HIS OR HER EMPLOYMENT; (C) TO AN EMPLOYEE DURING PERIODS WHERE THE EMPLOYEE IS COLLECTING SICK PAY OR PAID TIME OFF FROM THE EMPLOYER; AND (D) FOR ANY DAY IN WHICH CLAIMANT WORKS AT LEAST PART OF THAT DAY FOR RENUMERATION OR PROFIT. 4. UNLESS OTHERWISE EXPRESSLY PERMITTED BY THE EMPLOYER, BENEFITS AVAILABLE UNDER 29 U.S. CODE CHAPTER 28 (THE FAMILY AND MEDICAL LEAVE ACT) MUST BE USED CONCURRENTLY WITH FAMILY LEAVE BENEFITS. AN EMPLOYER SHALL NOT BE REQUIRED TO PERMIT TWELVE ADDITIONAL WEEKS OF BENEFITS FOLLOWING EXHAUSTION OF THE TWELVE WEEKS OF PAID FAMILY LEAVE BENEFITS. 5. ONLY ONE EMPLOYEE MAY USE FAMILY LEAVE FOR THE SAME FAMILY MEMBER FOR THE SAME PERIOD OF LEAVE. S 8. Section 207 of the workers' compensation law is amended by adding a new subdivision 5 to read as follows: 5. THE FOREGOING PROVISIONS OF THIS SECTION SHALL NOT APPLY TO FAMILY LEAVE BENEFITS, AS FAMILY LEAVE BENEFITS ARE NOT AVAILABLE TO EMPLOYEES THAT ARE NOT EMPLOYED AT THE TIME FAMILY LEAVE IS REQUESTED BY FILING THE NOTICE AND MEDICAL CERTIFICATION REQUIRED BY THE CHAIR. S 9. Section 208 of the workers' compensation law, as added by chapter 600 of the laws of 1949, subdivision 1 as amended by chapter 314 of the laws of 2010, is amended to read as follows: S 208. Payment of disability AND FAMILY LEAVE benefits. 1. Benefits provided under this article shall be paid periodically and promptly and, except as to a contested period of disability OR FAMILY LEAVE, without any decision by the board, OR BOARD DESIGNEE OF THE CHAIR. The first payment of benefits shall be due on the fourteenth day of disability and benefits for that period shall be paid directly to the employee within four business days thereafter or within four business days after the filing of required proof of claim, whichever is the later. Thereafter benefits shall be due and payable bi-weekly in like manner. The [chair- man] CHAIR OR CHAIR'S DESIGNEE may determine that benefits may be paid monthly or semi-monthly if wages were so paid, and may authorize devi- ation from the foregoing requirements to facilitate prompt payment of benefits. Any inquiry which requires the employee's response in order to continue benefits uninterrupted or unmodified shall provide a reasonable time period in which to respond and include a clear and prominent state- ment of the deadline for responding and consequences of failing to respond. S. 6405 68 A. 9005 2. The [chairman] CHAIR AND SUPERINTENDENT OF FINANCIAL SERVICES may, whenever such information is deemed necessary, require any carrier to file in form prescribed by the [chairman] CHAIR a report or reports as to any claim or claims, including (but without limitation) dates of commencement and termination of benefit payments and amount of benefits paid under this article. The [chairman] CHAIR AND SUPERINTENDENT OF FINANCIAL SERVICES may also require annually information in respect to the aggregate of benefits paid, the number of claims allowed and disal- lowed, the average benefits and duration of benefit periods, the amount of payrolls covered and such other information as the [chairman] CHAIR may deem necessary for the purposes of administering this article. If the carrier is providing benefits in respect to more than one employer, the [chairman] CHAIR AND SUPERINTENDENT OF FINANCIAL SERVICES may require that such information be shown separately as to those employers who are providing only benefits that are substantially the same as the benefits required in this article. THE CHAIR AND SUPERINTENDENT OF FINANCIAL SERVICES MAY PRESCRIBE THE FORMAT OF SUCH REPORT AND MAY PROMULGATE REGULATIONS TO EFFECTUATE THIS ARTICLE. S 10. Section 209 of the workers' compensation law, as added by chap- ter 600 of the laws of 1949, subdivision 3 as amended by chapter 415 of the laws of 1983 and subdivision 4 as amended by chapter 134 of the laws of 1952, is amended to read as follows: S 209. Contribution of employees for disability AND FAMILY LEAVE bene- fits. 1. Every employee in the employment of a covered employer shall[, on and after January first, nineteen hundred fifty,] contribute to the cost of providing disability AND AFTER JANUARY FIRST, TWO THOUSAND EIGH- TEEN, FAMILY LEAVE benefits under this article, to the extent and in the manner herein provided. 2. The special contribution of each such employee to the accumulation of funds to provide benefits for disabled unemployed shall be as provided in subdivision one of section two hundred fourteen OF THIS ARTICLE. 3. (A) DISABILITY BENEFITS. The contribution of each such employee to the cost of disability benefits provided by this article shall be one- half of one per centum of the employee's wages paid to him OR HER on and after July first, nineteen hundred fifty, but not in excess of sixty cents per week. (B) FAMILY LEAVE BENEFITS. ON SEPTEMBER FIRST, TWO THOUSAND SEVENTEEN AND ANNUALLY THEREAFTER THE SUPERINTENDENT OF FINANCIAL SERVICES SHALL SET THE MAXIMUM EMPLOYEE CONTRIBUTION, USING THE REPORTS PROVIDED IN SECTION TWO HUNDRED EIGHT OF THIS ARTICLE, AND CONSISTENT WITH THE PRIN- CIPLE THAT THE COSTS OF FAMILY LEAVE SHOULD BE FUNDED ONE HUNDRED PERCENT BY EMPLOYEE PAYROLL CONTRIBUTION. 4. Notwithstanding any other provision of law, the employer is author- ized to collect from his OR HER employees, except as otherwise provided in any plan or agreement under the provisions of subdivisions four or five of section two hundred eleven OF THIS ARTICLE, the contribution provided under subdivisions two and three OF THIS SECTION, through payroll deductions. If the employer shall not make deduction for any payroll period he OR SHE may thereafter, but not later than one month after payment of wages, collect such contribution through payroll deduction. 5. In collecting employee contributions through payroll deductions, the employer shall act as the agent of his OR HER employees and shall use the contributions only to provide disability AND FAMILY LEAVE bene- fits as required by this article. IN NO EVENT MAY THE EMPLOYEE'S ANNUAL S. 6405 69 A. 9005 CONTRIBUTION FOR FAMILY LEAVE EXCEED HIS OR HER PRO RATA SHARE OF THE ACTUAL ANNUAL PREMIUM CHARGED FOR THE SAME YEAR AND MUST BE DETERMINED CONSISTENT WITH THE PRINCIPLE THAT EMPLOYEES SHOULD PAY THE TOTAL COSTS OF FAMILY LEAVE PREMIUM. IN NO EVENT MAY THE EMPLOYEE'S WEEKLY CONTRIB- UTION FOR DISABILITY PREMIUM EXCEED ONE-HALF OF ONE PER CENTUM OF THE EMPLOYEE'S WAGES PAID TO HIM OR HER, BUT NOT IN EXCESS OF SIXTY CENTS PER WEEK. After June thirtieth, nineteen hundred fifty, if the employer is not providing, or to the extent that he OR SHE is not then providing, for the payment of disability benefits to his OR HER employees by insur- ing with the state fund or with another insurance carrier, he OR SHE shall keep the contributions of his OR HER employees as trust funds separate and apart from all other funds of the employer. The payment of such contributions by the employer to a carrier providing for the payment of such benefits shall discharge the employer from responsibil- ity with respect to such contributions. S 11. Section 210 of the workers' compensation law, as added by chap- ter 600 of the laws of 1949, is amended to read as follows: S 210. Employer contributions. 1. Every covered employer shall, on and after January first, nineteen hundred fifty, contribute the cost of providing disability AND FAMILY LEAVE benefits in excess of the contrib- utions collected from his OR HER employees, to the extent and in the manner provided in this article. 2. The special contribution of each covered employer to the accumu- lation of funds to provide benefits for disabled unemployed shall be as provided in subdivision one of section two hundred fourteen OF THIS ARTICLE. 3. The contribution of every covered employer to the cost of providing disability benefits after June thirtieth, nineteen hundred fifty, AND PROVIDING DISABILITY AND FAMILY LEAVE BENEFITS AFTER JANUARY FIRST, TWO THOUSAND EIGHTEEN, shall be the excess of such cost over the amount of the contributions of his OR HER employees. 4. No profit shall be derived by any employer or association of employers or of employees from providing payment of disability AND FAMI- LY LEAVE benefits under this article. All funds representing contrib- utions of employers and employees, and increments thereon, held by employers or associations of employers or of employees authorized or permitted to pay benefits under the provisions of this article, and by trustees paying benefits under plans or agreements meeting the require- ments of section two hundred eleven OF THIS ARTICLE, shall be trust funds and shall be expended only to provide for the payment of benefits to employees and for the costs of administering this article and for the support of the fund established under section two hundred fourteen OF THIS ARTICLE. S 12. The opening paragraph and subdivisions 3, 4 and 5 of section 211 of the workers' compensation law, the opening paragraph as added by chapter 600 of the laws of 1949, subdivision 3 as amended by chapter 207 of the laws of 1992, and subdivisions 4 and 5 as amended by chapter 197 of the laws of 1960, are amended, and a new subdivision 7 is added to read as follows: A covered employer shall, with his OR HER own contributions and the contributions of his employees, provide disability AND AFTER JANUARY FIRST, TWO THOUSAND EIGHTEEN, FAMILY LEAVE benefits to his OR HER employees in one or more of the following ways: 3. by furnishing satisfactory proof to the chair of the employers financial ability to pay such benefits, in which case the chair shall require the deposit of such securities as the chair may deem necessary S. 6405 70 A. 9005 [of the kind prescribed in subdivisions one, two, three, four and five and paragraph a of subdivision seven of section two hundred thirty-five of the banking law or the deposit of cash or the filing of irrevocable letters of credit issued by a qualified banking institution as defined by rules promulgated by the chair or the filing of the bond of a surety company authorized to do business in this state, conditioned on the payment by the employer of its obligations under this article and in form approved by the chair, or the posting and filing of a combination of such securities, cash, irrevocable letters of credit and surety bonds in an amount to be determined by the chair, to secure his or her liabil- ity to pay the compensation provided in this chapter. The amount of deposit or of the penal sum of the bond shall be determined by the chair and shall not be less than one-half the estimated contributions of the employees of the employer for the ensuing year or one-half of the contributions of the employees which would have been paid by the employ- ees during the preceding year, whichever is the greater, or if such amount is more than fifty thousand dollars an amount not less than fifty thousand dollars. The chair shall have authority to deny an application to provide benefits pursuant to this subdivision or to revoke approval at any time for good cause shown. In the case of an employer who main- tains a deposit of securities, irrevocable letters of credit or cash in accordance with subdivision three of section fifty of this chapter, the chair may reduce the amount of the deposit or of the penal sum of the bond, provided the securities, irrevocable letters of credit or cash deposited by or for such employer under subdivision three of section fifty of this chapter are, by agreement satisfactory to the chair, made available for the payment of unpaid benefits under this article with respect to obligations incurred for disabilities commencing prior to the effective date of such revocation] CONSISTENT WITH THE PROVISIONS OF SUBDIVISION THREE OF SECTION FIFTY OF THIS CHAPTER. An association of employers or employees authorized to pay benefits under this article or the trustee or trustees paying benefits under a plan or agreement authorized under subdivisions four and five of this section, may with the approval of the chair furnish such proof and otherwise comply with the provisions of this section to provide disability AND FAMILY LEAVE benefits to employees under such plan or agreement. 4. by a plan in existence on the effective date of this article. If on the effective date of this article the employees of a covered employ- er or any class or classes of such employees are entitled to receive disability AND FAMILY LEAVE benefits under a plan or agreement which remains in effect on July first, nineteen hundred fifty, the employer, subject to the requirements of this section, shall be relieved of responsibility for making provision for benefit payments required under this article until the earliest date, determined by the chairman for the purposes of this article, upon which the employer shall have the right to discontinue the provisions thereof or to discontinue his contrib- utions towards the cost. Any such plan or agreement may be extended, with or without modification, by agreement or collective bargaining between an employer or employers or association of employers and an association of employees, in which event the period for which the employer is relieved of such responsibility shall include such period of extension. Any other plan or agreement in existence on the effective date of this article which the employer may, by his OR HER sole act, terminate at any time, or with respect to which he OR SHE is not obli- gated to continue for any period to make contributions, may be accepted by the [chairman] CHAIR as satisfying the obligation to provide for the S. 6405 71 A. 9005 payment of benefits under this article if such plan or agreement provides benefits at least as favorable as the disability AND FAMILY LEAVE benefits provided by this article and does not require contrib- utions of any employee or of any class or classes of employees in excess of the statutory amount provided in SUBDIVISION THREE OF section two hundred nine OF THIS ARTICLE, subdivision three, except by agreement and provided the contribution is reasonably related to the value of the benefits as determined by the chairman. The chairman may require that the employer shall enter into an agreement in writing with the chairman that he will pay the assessments set forth in sections two hundred four- teen and two hundred twenty-eight and that until he shall have filed written notice with the chairman of his election to terminate such plan or agreement or to discontinue making necessary contributions to its cost, he will continue to provide for the payment of the disability AND FAMILY LEAVE benefits under such plan or agreement. During any period in which any plan or agreement or extension thereof authorized under this subdivision provides for payment of benefits under this article, the responsibility of the employer and the obligations and benefits of the employees shall be as provided in said plan or agreement rather than as provided under this article, other than the benefits provided in section two hundred seven, and provided the employer or carrier has agreed to pay the assessments described in sections two hundred fourteen and two hundred twenty-eight. Any such plan or agreement may be extended with or without modifica- tion, provided the benefits under such plan or agreement, as extended or modified, shall be found by the chairman to be at least as favorable as the benefits provided by this article. 5. by a new plan or agreement. After the effective date of this arti- cle, a new plan or agreement with a carrier may be accepted by the chairman as satisfying the obligation to provide for the payment of benefits under this article if such plan or agreement shall provide benefits at least as favorable as the disability AND FAMILY LEAVE bene- fits provided by this article and does not require contributions of any employee or of any class or classes of employees in excess of the statu- tory amount provided in section two hundred nine, subdivision three, except by agreement and provided the contribution is reasonably related to the value of the benefits as determined by the chairman. Any such plan or agreement shall continue until written notice filed with the chairman of intention to terminate such plan or agreement, and any modification of such plan or agreement shall be subject to the written approval of the chairman. During any period in which any plan or agreement or extension thereof authorized under this subdivision provides for payment of benefits under this article, the responsibility of the employer and the obligations and benefits of the employees shall be as provided in said plan or agreement rather than as provided under this article, other than the benefits provided in section two hundred seven, and provided the employer or carrier has agreed to pay the assessments described in sections two hundred fourteen and two hundred twenty-eight. 7. PREMIUMS FOR POLICIES PROVIDING DISABILITY OR FAMILY LEAVE BENEFITS IN ACCORDANCE WITH THIS ARTICLE SHALL BE CALCULATED IN ACCORDANCE WITH APPLICABLE PROVISIONS OF THE INSURANCE LAW, INCLUDING SUBSECTION (N) OF SECTION FOUR THOUSAND TWO HUNDRED AND THIRTY-FIVE OF SUCH LAW. S 13. Subdivisions 1, 4 and 5 of section 212 of the workers' compen- sation law, subdivision 1 as amended by chapter 740 of the laws of 1960, subdivision 4 as amended by chapter 205 of the laws of 1993, and subdi- S. 6405 72 A. 9005 vision 5 as added by chapter 593 of the laws of 1992, are amended to read as follows: 1. Any employer not required by this article to provide for the payment of disability OR FAMILY LEAVE benefits to his employees, or to any class or classes thereof, may become a covered employer or bring within the provisions of this article such employees or class or classes thereof by voluntarily electing to provide for payment of such benefits in one or more of the ways set forth in section two hundred eleven OF THIS ARTICLE; but such election shall be subject to the approval of the [chairman] CHAIR, and if the employees are required to contribute to the cost of such benefits the assent within thirty days before such approval is granted, of more than one-half of such employees shall be evidenced to the satisfaction of the [chairman] CHAIR. On approval by the [chair- man] CHAIR of such election to provide benefits, all the provisions of this article shall become and continue applicable as if the employer were a covered employer as defined in this article. The obligation to continue as a covered employer with respect to employees for whom provision of benefits is not required under this article, may be discon- tinued by such employer on ninety days notice to the [chairman] CHAIR in writing and to his OR HER employees, after he or she [chairman] HAS PROVIDED FOR PAYMENT OF BENEFITS FOR NOT LESS THAN ONE YEAR AND WITH SUCH PROVISION FOR PAYMENT OF OBLIGATIONS INCURRED ON AND PRIOR TO THE TERMINATION DATE AS THE chair may approve. 4. An executive officer of a corporation who at all times during the period involved owns all of the issued and outstanding stock of the corporation and holds all of the offices pursuant to paragraph (e) of section seven hundred fifteen of the business corporation law or two executive officers of a corporation who at all times during the period involved between them own all of the issued and outstanding stock of such corporation and hold all such offices provided, however, that each officer must own at least one share of stock and who is the executive officer or who are the executive officers of a corporation having other persons who are employees required to be covered under this article, shall be deemed to be included in the corporation's disability AND FAMI- LY LEAVE benefits insurance contract or covered by a certificate of self-insurance or a plan under section two hundred eleven of this arti- cle, unless the officer or officers elect to be excluded from the cover- age of this article. Such election shall be made by any such corporation filing with the insurance carrier, or the chair of the workers' compen- sation board in the case of self-insurance, upon a form prescribed by the [chairman] CHAIR, a notice that the corporation elects to exclude the executive officer or officers of such corporation named in the notice from the coverage of this article. Such election shall be effec- tive with respect to all policies issued to such corporation by such insurance carrier as long as it shall continuously insure the corpo- ration. Such election shall be final and binding upon the executive officer or officers named in the notice until revoked by the corpo- ration. 5. A spouse who is an employee of a covered employer shall be deemed to be included in the employer's disability AND FAMILY LEAVE benefits insurance contract or covered by a certificate of self-insurance or a plan under section two hundred eleven of this article, unless the employer elects to exclude such spouse from the coverage of this arti- cle. Such election shall be made by any such employer filing with the insurance carrier, or the chair of the workers' compensation board in the case of self-insurance, upon a form prescribed by the chair, a S. 6405 73 A. 9005 notice that the employer elects to exclude such spouse named in the notice from the coverage of this article. Such election shall be effec- tive with respect to all policies issued to such employer by such insur- ance carrier as long as it shall continuously insure the employer. Such election shall be final and binding upon the spouse named in the notice until revoked by the employer. S 14. Subdivision 1 of section 213 of the workers' compensation law, as amended by chapter 784 of the laws of 1980, is amended and a new subdivision 3 is added to read as follows: 1. Whenever a covered employer does not comply with this article by providing for the payment of disability AND FAMILY LEAVE benefits to his OR HER employees in one or more of the ways provided in section two hundred eleven OF THIS ARTICLE or whenever a carrier fails to pay the benefits required by this article to employees of a covered employer, then such employer shall be fully and directly liable to each of his OR HER employees for the payment of benefits provided by this article. The amount of the benefits to which employees of such employers are entitled under this article and attendance fees of [their] ANY attending [physi- cians or attending podiatrists] HEALTH CARE PROVIDER fixed pursuant to subdivision two of section two hundred thirty-two OF THIS ARTICLE shall, on order of the [chairman] CHAIR, be paid out of the fund established under section two hundred fourteen OF THIS ARTICLE. In case of non-com- pliance of the employer, such employer shall forthwith pay to the [chairman] CHAIR, for credit to the fund, the sum so expended or one [per cent] PERCENT of his OR HER payroll for his OR HER employees in employment during the period of non-compliance, whichever is greater; provided, however, that if it shall appear to the satisfaction of the [chairman] CHAIR that the default in payment of benefits or the non-com- pliance of the employer otherwise with his OR HER obligation under this article was inadvertent, the [chairman] CHAIR may fix the sum payable in such case for non-compliance or default at the amount paid out of the fund and a sum less than one [per cent] PERCENT of such payroll, and in addition the penalties for non-compliance imposed under this article. In case of failure of the carrier to pay benefits, the employer shall forthwith pay to the [chairman] CHAIR, for credit to the fund, the sum so expended. 3. THE PROVISIONS OF SECTION ONE HUNDRED FORTY-ONE-B OF THIS CHAPTER SHALL NOT APPLY TO VIOLATIONS OF THIS SECTION AFTER JANUARY FIRST, TWO THOUSAND EIGHTEEN AND BEFORE JANUARY FIRST, TWO THOUSAND TWENTY. THERE- AFTER, IN THE EVENT AN EMPLOYER IS SUBJECT TO DEBARMENT SOLELY DUE TO A PENALTY FOR VIOLATION OF THIS SECTION, THE CHAIR MAY, IN THE INTERESTS OF JUSTICE, RESTORE THE EMPLOYER'S ELIGIBILITY TO SUBMIT A BID ON OR BE AWARDED ANY PUBLIC WORK CONTRACT OR SUBCONTRACT. THE CHAIR MAY EXERCISE THIS AUTHORITY ONLY IF IT IS THE EMPLOYER'S FIRST TIME VIOLATION OF SECTION ONE HUNDRED FORTY-ONE-B OF THIS CHAPTER; THE EMPLOYER IS NOT LIABLE FOR ANY OUTSTANDING WORKERS' COMPENSATION, DISABILITY OR FAMILY LEAVE CLAIMS AS A RESULT OF THE LACK OF COVERAGE; AND THE EMPLOYER HAS PAID ALL FINES, ASSESSMENTS, AND PENALTIES ASSOCIATED WITH THE LACK OF COVERAGE. S 15. Section 217 of the workers' compensation law, as added by chap- ter 600 of the laws of 1949, subdivision 1 as amended by chapter 167 of the laws of 1999, subdivisions 2 and 3 as amended by chapter 270 of the laws of 1990, and subdivision 6 as amended by chapter 344 of the laws of 1994, is amended to read as follows: S 217. Notice and proof of claim. 1. Written notice and proof of disability OR PROOF OF NEED FOR FAMILY LEAVE shall be furnished to the S. 6405 74 A. 9005 employer by or on behalf of the employee claiming benefits or, in the case of a claimant under section two hundred seven of this article, to the chair, within thirty days after commencement of the period of disa- bility. Additional proof shall be furnished thereafter from time to time as the employer or carrier or chair may require but not more often than once each week. Such proof shall include a statement of disability by the employee's [attending physician or attending podiatrist or attending chiropractor or attending dentist or attending psychologist or attending certified nurse midwife] OR FAMILY LEAVE CARE RECIPIENT'S HEALTH CARE PROVIDER, or in the case of an employee who adheres to the faith or teachings of any church or denomination, and who in accordance with its creed, tenets or principles depends for healing upon prayer through spiritual means alone in the practice of religion, by an accredited practitioner, containing facts and opinions as to such disability in compliance with regulations of the chair. Failure to furnish notice or proof within the time and in the manner above provided shall not invali- date the claim but no benefits shall be required to be paid for any period more than two weeks prior to the date on which the required proof is furnished unless it shall be shown to the satisfaction of the chair not to have been reasonably possible to furnish such notice or proof and that such notice or proof was furnished as soon as possible; provided, however, that no benefits shall be paid unless the required proof of disability is furnished within [twenty-six weeks after commencement of the period of disability] THE PERIOD OF ACTUAL DISABILITY OR FAMILY LEAVE THAT DOES NOT EXCEED THE STATUTORY MAXIMUM PERIOD PERMITTED UNDER SECTION TWO HUNDRED FIVE OF THIS ARTICLE. No limitation of time provided in this section shall run as against any [person] DISABLED EMPLOYEE who is mentally incompetent, or physically incapable of provid- ing such notice as a result of a serious medical condition, or a minor so long as such person has no guardian of the person and/or property. 2. An employee claiming DISABILITY benefits shall, as requested by the employer or carrier, submit himself or herself at intervals, but not more than once a week, for examination by [a physician or podiatrist or chiropractor or dentist or psychologist or certified nurse midwife] AN ACCREDITED HEALTH CARE PROVIDER designated by the employer or carrier. All such examinations shall be without cost to the employee and shall be held at a reasonable time and place. 3. The chair OR CHAIR'S DESIGNEE may direct the claimant OR FAMILY LEAVE CARE RECIPIENT to submit to examination by a [physician or podia- trist or chiropractor or dentist or psychologist] HEALTH CARE PROVIDER designated by him or her in any case in which the claim to disability OR FAMILY LEAVE benefits is contested and in claims arising under section two hundred seven OF THIS ARTICLE, and in other cases as the chair or board may require. 4. Refusal of the claimant OR FAMILY LEAVE CARE RECIPIENT without good cause to submit to any such examination shall disqualify [him] THE CLAIMANT OR EMPLOYEE from all benefits hereunder for the period of such refusal, except as to benefits already paid. 5. If benefits required to be paid by this article have been paid to an employee, further payments for the same disability OR FAMILY LEAVE shall not be barred solely because of failure to give notice or to file proof of disability for the period or periods for which such benefits have been paid. 6. In the event that a claim for benefits is rejected, the carrier or employer shall send by first class mail written notice of rejection to the [claimant] EMPLOYEE within forty-five days of receipt of proof of S. 6405 75 A. 9005 disability. Failure to mail such written notice of rejection within the time provided, shall bar the employer or carrier from contesting enti- tlement to benefits for any period of disability prior to such notice but such failure may be excused by the [chairman] CHAIR if it can be shown to the satisfaction of the [chairman] CHAIR not to have been reasonably possible to mail such notice and that such notice was mailed as soon as possible. Such notice shall include a statement, in a form prescribed by the [chairman] CHAIR, to the effect that the [claimant] EMPLOYEE may, for the purpose of review [by the board], file [with the chairman] notice that his or her claim has not been paid AS SET FORTH IN SECTION TWO HUNDRED TWENTY-ONE OF THIS ARTICLE. S 16. Section 219 of the workers' compensation law, as amended by chapter 688 of the laws of 1953, is amended to read as follows: S 219. Enforcement of payment in default. In case of a default in the payment of any benefits, assessments or penalties payable under this article by an employer who has failed to comply with the provisions of section two hundred eleven of this [chapter] ARTICLE or refusal of such employer to reimburse the fund under section two hundred fourteen OF THIS ARTICLE for the expenditures made therefrom pursuant to section two hundred thirteen OF THIS ARTICLE or to deposit within ten days after demand the estimated value of benefits not presently payable, the [chairman] CHAIR may file with the county clerk for the county in which the employer has his principal place of business (1) a certified copy of the decision of the board, OR ALTERNATIVE DISPUTE RESOLUTION ASSOCIATION DESIGNATED BY THE CHAIR PURSUANT TO SECTION TWO HUNDRED TWENTY-ONE OF THIS ARTICLE, or order of the [chairman] CHAIR, or (2) a certified copy of the demand for deposit of security, and thereupon judgment must be entered in the supreme court by the clerk of such county in conformity therewith immediately upon such filing. S 17. Section 220 of the workers' compensation law, as added by chap- ter 600 of the laws of 1949, subdivision 1 as amended by chapter 387 of the laws of 1984, subdivision 2 as amended by chapter 626 of the laws of 1979, subdivision 3 as amended by chapter 415 of the laws of 1983, subdivision 4 as amended by chapter 645 of the laws of 1981, subdivision 5 as amended by chapter 940 of the laws of 1973, subdivision 7 as amended by chapter 61 of the laws of 1989 and subdivision 8 as amended by chapter 213 of the laws of 1993, is amended to read as follows: S 220. Penalties. 1. Any employer who fails to make provision for payment of disability OR FAMILY LEAVE benefits as required by section two hundred eleven of this article within ten days following the date on which such employer becomes a covered employer as defined in section two hundred two OF THIS ARTICLE shall be guilty of a misdemeanor and upon conviction be punishable by a fine of not less than one hundred nor more than five hundred dollars or imprisonment for not more than one year or both, except that where any person has previously been convicted of a failure to make provisions for payment of disability OR FAMILY LEAVE benefits within the preceding five years, upon conviction for a second violation such person shall be fined not less than two hundred fifty nor more than one thousand two hundred fifty dollars in addition to any other penalties including fines otherwise provided by law, and upon conviction for a third or subsequent violation such person may be fined up to two thousand five hundred dollars in addition to any other penal- ties including fines otherwise provided by law. Where the employer is a corporation, the president, secretary, treasurer, or officers exercising corresponding functions, shall each be liable under this section. S. 6405 76 A. 9005 2. The [chairman] CHAIR or any officer of the board designated by him OR HER, upon finding that an employer has failed to make provision for the payment of disability OR FAMILY LEAVE benefits, shall impose upon such employer a penalty not in excess of a sum equal to one-half of one per centum of his OR HER weekly payroll for the period of such failure and a further sum not in excess of five hundred dollars, which sums shall be paid into the fund created under section two hundred fourteen OF THIS ARTICLE. 3. If for the purpose of obtaining any benefit or payment under the provisions of this article, or for the purpose of influencing any deter- mination regarding any benefit payment, either for himself OR HERSELF or any other person, any person, employee, employer or carrier wilfully makes a false statement or representation or fails to disclose a materi- al fact, he OR SHE shall be guilty of a misdemeanor. 4. Whenever a carrier shall fail to make prompt payment of disability OR FAMILY LEAVE benefits payable under this article and after [hearing before an officer designated by the chairman] A DETERMINATION BY THE CHAIR'S DESIGNEE for that purpose, the [chairman] CHAIR OR DESIGNEE shall determine that failure to make such prompt payment was without just cause, the [chairman] CHAIR OR DESIGNEE shall collect from the carrier a sum not in excess of twenty-five per centum of the amount of the benefits as to which the carrier failed to make payment, which sum shall be credited to the special fund for disability benefits. In addi- tion, the [chairman] CHAIR OR DESIGNEE may collect and pay over to the employee the sum of ten dollars in respect to each week, or fraction thereof, for which benefits have not been promptly paid. 5. In addition to other penalties herein provided, the [chairman] CHAIR OR DESIGNEE shall remove from the list of [physicians] HEALTH CARE PROVIDERS authorized to render medical care under the provisions [of articles one to eight, inclusive,] of this chapter [and from the list of podiatrists authorized to render podiatric care under section thirteen-k of this chapter, and from the list of chiropractors authorized to render chiropractic care under section thirteen-l of this chapter the name of any physician or podiatrist or chiropractor] whom [he] THE CHAIR OR DESIGNEE shall find, after reasonable investigation, has submitted to the employer or carrier or [chairman] CHAIR in connection with any claim for disability benefits under this article, a statement of disability that is not truthful and complete. 6. In addition to other penalties herein provided, any person who for the purpose of obtaining any benefit or payment under this article or for the purpose of influencing any determination regarding any benefit payment, knowingly makes a false statement with regard to a material fact, shall not be entitled to receive benefits with respect to the disability claimed or any disability benefits during the period of twelve calendar months thereafter; but this penalty shall not be applied more than once with respect to each such offense. 7. All fines imposed under subdivisions one and three OF THIS SECTION, except as herein otherwise provided, shall be paid directly and imme- diately by the officer collecting the same to the chair, and be paid into the state treasury, provided, however, that all such fines collected by justices of the peace of towns and police justices of villages shall be paid to the state comptroller in accordance with the provisions of section twenty-seven of the town law [and section one hundred eighty-five of the village law, respectively]. 8. (a) The head of a state or municipal department, board, commission or office authorized or required by law to issue any permit for or in S. 6405 77 A. 9005 connection with any work involving the employment of employees in employment as defined in this article, and notwithstanding any general or special statute requiring or authorizing the issue of such permits, shall not issue such permit unless proof duly subscribed by an insurance carrier is produced in a form satisfactory to the chair, that the payment of disability benefits AND AFTER JANUARY FIRST, TWO THOUSAND TWENTY-ONE, THE PAYMENT OF FAMILY LEAVE BENEFITS for all employees has been secured as provided by this article. Nothing herein, however, shall be construed as creating any liability on the part of such state or municipal department, board, commission or office to pay any disabil- ity benefits to any such employee if so employed. (b) The head of a state or municipal department, board, commission or office authorized or required by law to enter into any contract for or in connection with any work involving the employment of employees in employment as defined in this article, and notwithstanding any general or special statute requiring or authorizing any such contract, shall not enter into any such contract unless proof duly subscribed by an insur- ance carrier is produced in a form satisfactory to the chair, that the payment of disability benefits AND AFTER JANUARY FIRST, TWO THOUSAND EIGHTEEN, THE PAYMENT OF FAMILY LEAVE BENEFITS for all employees has been secured as provided by this article. S 18. Section 221 of the workers' compensation law, as separately amended by chapters 425 and 500 of the laws of 1985, is amended to read as follows: S 221. Determination of contested claims for disability AND FAMILY LEAVE benefits. [Within twenty-six weeks] IN ACCORDANCE WITH REGU- LATIONS ADOPTED BY THE CHAIR, WITHIN SIXTY DAYS of written notice of rejection of claim, the employee may file with the [chairman] CHAIR a notice that his or her claim for disability OR FAMILY LEAVE benefits has not been paid, and the employee shall submit proof of disability OR ENTITLEMENT TO FAMILY LEAVE and of his or her employment, wages and other facts reasonably necessary for determination of the employee's right to such benefits. Failure to file such notice within the time provided, may be excused [by the chairman] if it can be shown [to the satisfaction of the chairman] not to have been reasonably possible to furnish such notice and that such notice was furnished as soon as possi- ble. On demand [of the chairman] the employer or carrier shall forth- with deliver to the [chairman] BOARD the original or a true copy of the [attending physician's or attending podiatrist's or accredited practi- tioner's statement] HEALTH CARE PROVIDER'S REPORT, wage and employment data and all other papers in the possession of the employer or carrier with respect to such claim. The [board] CHAIR OR DESIGNEE shall have full power and authority to determine all issues in relation to every such claim for disability OR FAMILY LEAVE benefits required or provided under this article[, and shall file its decision in the office of the chairman. Upon such filing, the chairman shall send to the parties a copy of the decision. Either party may present evidence and be represented by counsel at any hearing on such claim. The decision of the board shall be final as to all ques- tions of fact and, except as provided in section twenty-three of this chapter, as to all questions of law]. Every decision [of the board] shall be complied with in accordance with its terms within ten days thereafter except [in case of appeal] AS PERMITTED BY LAW UPON THE FILING OF A REQUEST FOR REVIEW, and any payments due under such decision shall draw simple interest from thirty days after the making thereof at the rate provided in section five thousand four of the civil practice S. 6405 78 A. 9005 law and rules. THE CHAIR SHALL ADOPT RULES AND REGULATIONS TO CARRY OUT THE PROVISIONS OF THIS ARTICLE INCLUDING BUT NOT LIMITED TO RESOLUTION OF CONTESTED CLAIMS AND REQUESTS FOR REVIEW THEREOF, AND PAYMENT OF COSTS FOR RESOLUTION OF DISPUTED CLAIMS BY CARRIERS. THE CHAIR SHALL HAVE AUTHORITY TO PROVIDE FOR ALTERNATIVE DISPUTE RESOLUTION PROCEDURES FOR CLAIMS ARISING UNDER THIS ARTICLE INCLUDING BUT NOT LIMITED TO REFERRAL AND SUBMISSION OF DISPUTED CLAIMS TO MANDATORY ARBITRATION WITH PRIVATE ARBITRATION ASSOCIATIONS, AND ANY DETERMINATION MADE BY ALTERNA- TIVE DISPUTE RESOLUTION SHALL NOT BE REVIEWABLE BY THE BOARD AND THE VENUE FOR ANY APPEAL SHALL BE TO A COURT OF COMPETENT JURISDICTION. S 19. Section 222 of the workers' compensation law, as added by chap- ter 600 of the laws of 1949, is amended to read as follows: S 222. Technical rules of evidence or procedure not required. The [chairman or] CHAIR, the board OR THE CHAIR'S DESIGNEE, in making an investigation or inquiry or conducting a hearing shall not be bound by common law or statutory rules of evidence or by technical or formal rules of procedure, except as provided by this chapter; but may make such investigation or inquiry or conduct such hearing in such manner as to ascertain the substantial rights of the parties. S 20. Sections 223 and 224 of the workers' compensation law are REPEALED. S 21. Section 225 of the workers' compensation law, as added by chap- ter 600 of the laws of 1949, is amended to read as follows: S 225. Fees for representing employees. Claims of attorneys and coun- sellors-at-law for services in connection with any contested claim aris- ing under this article shall not be enforceable unless approved by the board. If so approved, such fee or fees shall become a lien upon the benefits ordered, but shall be paid therefrom only in the manner fixed by the board OR THE ALTERNATIVE DISPUTE RESOLUTION ASSOCIATION. Any other person, firm, corporation, organization, or other association who shall exact or receive any fee or gratuity for any services rendered on behalf of an employee except in an amount SO determined [by the board] shall be guilty of a misdemeanor. Any person, firm, corporation, organ- ization, or association who shall solicit the business [of appearing before the board on behalf] of an employee claiming benefits under this article, or who shall make it a business to solicit employment for a lawyer in connection with any claim for disability OR FAMILY LEAVE bene- fits under this article, or who shall exact or receive any fee or gratu- ity or other charge with respect to the collection of any uncontested claim for disability OR FAMILY LEAVE benefits, shall be guilty of a misdemeanor. S 22. Subdivision 5 of section 226 of the workers' compensation law, as amended by chapter 211 of the laws of 1983, is amended and three new subdivisions 7, 8 and 9 are added to read as follows: 5. No contract of insurance issued by an insurance carrier providing the benefits to be paid under this article shall be cancelled within the time limited in such contract for its expiration unless notice is given as required by this section. When cancellation is due to non-payment of premiums such cancellation shall not be effective until at least ten days after a notice of cancellation of such contract, on a date speci- fied in such notice, shall be filed in the office of the [chairman] CHAIR and also served on the employer. When cancellation is due to any reason other than non-payment of premiums such cancellation shall not be effective until at least thirty days after a notice of cancellation of such contract, on a date specified in such notice, shall be filed in the office of the [chairman] CHAIR and also served on the employer; S. 6405 79 A. 9005 provided, however, in either case that if insurance with another insur- ance carrier has been obtained which becomes effective prior to the expiration of the time stated in such notice, the cancellation shall be effective as of the date of such other coverage. Such notice shall be served on the employer [by] AS PRESCRIBED BY THE CHAIR, INCLUDING deliv- ering it to him [or by sending it by certified or registered mail, return receipt requested, addressed to the employer at his or its last known place of business] OR HER BY ELECTRONIC MEANS; provided that, if the employer be a partnership, then such notice may be given to any one of the partners, and if the employer be a corporation then the notice may be given to any agent or officer of the corporation upon whom legal process may be served, provided, however, the right to cancellation of a policy of insurance in the state fund shall be exercised only for nonpayment of premiums or as provided in section ninety-four of this chapter. 7. THE CHAIR MAY REQUIRE BY REGULATION THAT EVERY POLICY OF INSURANCE CONTAIN A PROVISION REQUIRING THAT ALL DISPUTES BE RESOLVED BY MANDATORY ARBITRATION, IN ACCORDANCE WITH SUCH REGULATIONS. 8. PREMIUMS FOR POLICIES PROVIDING DISABILITY OR FAMILY LEAVE BENEFITS IN ACCORDANCE WITH THIS ARTICLE SHALL BE CALCULATED IN ACCORDANCE WITH APPLICABLE PROVISIONS OF THE INSURANCE LAW, INCLUDING SUBSECTION (N) OF SECTION FOUR THOUSAND TWO HUNDRED THIRTY-FIVE OF SUCH LAW. 9. EVERY POLICY OF INSURANCE ISSUED PURSUANT TO THIS ARTICLE MUST OFFER COVERAGE FOR BOTH DISABILITY AND FAMILY LEAVE BENEFITS. S 23. The section heading of section 227 of the workers' compensation law, as amended by chapter 805 of the laws of 1984, is amended to read as follows: Actionable injuries IN CLAIMS FOR DISABILITY BENEFITS; subrogation. S 24. Subdivision 1 of section 228 of the workers' compensation law, as added by section 27 of part GG of chapter 57 of the laws of 2013, is amended to read as follows: 1. The estimated annual expenses necessary for the workers' compen- sation board OR DEPARTMENT OF FINANCIAL SERVICES to administer the provisions of the disability AND FAMILY LEAVE benefits law shall be borne by all affected employers and included as part of the assessment rate generated pursuant to subdivision two of section one hundred fifty-one of this chapter. S 25. Section 229 of the workers' compensation law, as amended by chapter 271 of the laws of 1985, is amended to read as follows: S 229. Posting of notice and providing of notice of rights. 1. Each covered employer shall post and maintain in a conspicuous place or plac- es in and about the employer's place or places of business typewritten or printed notices in form prescribed by the [chairman] CHAIR, stating that the employer has provided for the payment of disability AND FAMILY LEAVE benefits as required by this article. The [chairman] CHAIR may require any covered employer to furnish a written statement at any time showing the carrier insuring the payment of benefits under this article or the manner in which such employer has complied with section two hundred eleven OF THIS ARTICLE or any other provision of this article. Failure for a period of ten days to furnish such written statement shall constitute presumptive evidence that such employer has neglected or failed in respect of any of the matters so required. 2. Whenever an employee of a covered employer who is eligible for benefits under section two hundred four of this article shall be absent from work due to a disability OR TO PROVIDE FAMILY CARE as defined in subdivision nine AND SUBDIVISION TWENTY-FIVE RESPECTIVELY, of section S. 6405 80 A. 9005 two hundred one of this article for more than seven consecutive days, the employer shall provide the employee with a written statement of the employee's rights under this article in a form prescribed by the [chair- man] CHAIR. The statement shall be provided to the employee within five business days after the employee's seventh consecutive day of absence due to disability OR FAMILY LEAVE or within five business days after the employer [knows or should know] HAS RECEIVED NOTICE that the employee's absence is due to disability OR FAMILY LEAVE, whichever is later. S 26. Section 232 of the workers' compensation law, as amended by chapter 270 of the laws of 1990, is amended to read as follows: S 232. Fees FOR TESTIMONY of [physicians, podiatrists, chiropractors, dentists and psychologists] HEALTH CARE PROVIDERS. Whenever his or her attendance at a hearing, DEPOSITION OR ARBITRATION before the board or [its referees] THE CHAIR'S DESIGNEE is required, the attending [physi- cian or attending podiatrist or attending chiropractor or attending dentist or attending psychologist or attending certified nurse midwife of the disabled employee, except such physicians as are disqualified from testifying pursuant to subdivision one of section thirteen-b, or section nineteen-a of this chapter, and except such podiatrists as are disqualified from testifying under the provisions of section thirteen-k, and except such chiropractors as are disqualified from testifying under the provisions of section thirteen-l, and except such psychologists as are disqualified from testifying under the provisions of section thir- teen-m,] HEALTH CARE PROVIDER shall be entitled to receive a fee [from the carrier or the fund established under section two hundred fourteen, in an amount as directed and fixed by the board, or its referees, and such fee shall be in addition to any witness fee] IN ACCORDANCE WITH REGULATIONS OF THE CHAIR. S 27. Section 237 of the workers' compensation law, as added by chap- ter 600 of the laws of 1949, is amended to read as follows: S 237. Reimbursement for advance payments by employers. If an employer has made advance payments of benefits or has made payments to an employ- ee in like manner as wages during any period of disability OR FAMILY LEAVE for which such employee is entitled to the benefits provided by this article, he OR SHE shall be entitled to be reimbursed by the carri- er out of any benefits due or to become due for the existing disability OR FAMILY LEAVE, if THE claim for reimbursement is filed with the carri- er prior to payment of the benefits BY THE CARRIER. S 28. Section 238 of the workers' compensation law, as added by chap- ter 600 of the laws of 1949, is amended to read as follows: S 238. Payments to minors. Minors shall be deemed to be sui juris for the purpose of [receiving] payment of benefits under this article. S 29. Section 239 of the workers' compensation law, as added by chap- ter 600 of the laws of 1949, is amended to read as follows: S 239. Representation before the board. Any person, firm, or corpo- ration licensed by the board under section twenty-four-a OF THIS ARTICLE or subdivision three-b of section fifty OF THIS CHAPTER shall be deemed to be authorized to appear in behalf of claimants or self insured employers, as the case may be, in contested disability OR FAMILY LEAVE claims under this article. S 30. The section heading and the opening paragraph of section 120 of the workers' compensation law, as amended by chapter 61 of the laws of 1989, are amended to read as follows: Discrimination against employees [who bring proceedings]. It shall be unlawful for any employer or his or her duly authorized agent to discharge or in any other manner discriminate against an employee as to S. 6405 81 A. 9005 his or her employment because such employee has claimed or attempted to claim compensation from such employer, OR CLAIMED OR ATTEMPTED TO CLAIM ANY BENEFITS PROVIDED UNDER THIS CHAPTER or because he or she has testi- fied or is about to testify in a proceeding under this chapter and no other valid reason is shown to exist for such action by the employer. S 31. Subdivision 2 of section 76 of the workers' compensation law, as added by chapter 600 of the laws of 1949, is amended to read as follows: 2. The purposes of the state insurance fund herein created are hereby enlarged to provide [for the] insurance [by the state insurance fund of] FOR the payment of the benefits required by section two hundred four of this chapter INCLUDING BENEFITS FOR FAMILY CARE. A separate fund is hereby created within the state insurance fund, which shall be known as the "disability benefits fund", and which shall consist of all premiums received and paid into said fund on account of such insurance, all secu- rities acquired by and through the use of moneys belonging to said fund and of interest earned upon moneys belonging to said fund and deposited or invested as herein provided. Said disability benefits fund shall be applicable to the payment of benefits, expenses and assessments on account of insurance written pursuant to article nine of this chapter. PREMIUMS FOR POLICIES PROVIDING DISABILITY AND FAMILY LEAVE BENEFITS IN ACCORDANCE WITH THIS ARTICLE SHALL BE CALCULATED IN ACCORDANCE WITH APPLICABLE PROVISIONS OF THE INSURANCE LAW, INCLUDING SUBSECTION (N) OF SECTION FOUR THOUSAND TWO HUNDRED THIRTY-FIVE OF SUCH LAW. THE STATE INSURANCE FUND SHALL HAVE AUTHORITY TO DISCOUNT OR SURCHARGE ON ESTAB- LISHED PREMIUM RATES BASED ON SOUND ACTUARIAL PRINCIPLES. S 32. Subdivision 1 of section 141-a of the workers' compensation law, as added by chapter 6 of the laws of 2007, is amended to read as follows: 1. To investigate violations of sections fifty-two [and], one hundred thirty-one AND TWO HUNDRED THIRTEEN of this chapter, the chair or his or her designees shall have the power to: (a) Enter and inspect any place of business at any reasonable time for the purpose of investigating employer compliance. (b) Examine and copy business records. (c) Administer oaths and affirmations. (d) Issue and serve subpoenas for attendance of witnesses or production of business records, books, papers, correspondence, memoran- da, and other records. Such subpoenas may be served without the state on any defendant over whom a New York court would have personal jurisdic- tion under the civil practice law and rules as to the subject matter under investigation, provided the information or testimony sought bears a reasonable relationship to the subject matter under investigation. S 32-a. Section 318 of the workers' compensation law, as added by chapter 788 of the laws of 1951, is amended to read as follows: S 318. Rules of evidence; modification of board decisions or orders; appeals. The provisions of [sections] SECTION two hundred twenty-two [, two hundred twenty-three and two hundred twenty-four] OF THIS CHAPTER are made applicable to claims for compensation under this article. S 33. Paragraph 3 of subsection (a) of section 1113 of the insurance law is amended to read as follows: (3) "Accident and health insurance," means (i) insurance against death or personal injury by accident or by any specified kind or kinds of accident and insurance against sickness, ailment or bodily injury, including insurance providing disability AND FAMILY LEAVE benefits pursuant to article nine of the workers' compensation law, except as specified in item (ii) hereof; and (ii) non-cancellable disability S. 6405 82 A. 9005 insurance, meaning insurance against disability resulting from sickness, ailment or bodily injury (but excluding insurance solely against acci- dental injury) under any contract which does not give the insurer the option to cancel or otherwise terminate the contract at or after one year from its effective date or renewal date. S 34. Paragraphs 1 and 4 of subsection (h) of section 4235 of the insurance law are amended and a new subsection (n) is to added read as follows: (1) Each domestic insurer and each foreign or alien insurer doing business in this state shall file with the superintendent its schedules of premium rates, rules and classification of risks for use in connection with the issuance of its policies of group accident, group health or group accident and health insurance, and of its rates of commissions, compensation or other fees or allowances to agents and brokers pertaining to the solicitation or sale of such insurance and of such fees or allowances, exclusive of amounts payable to persons who are in the regular employ of the insurer, other than as agent or broker to any individuals, firms or corporations pertaining to such class of busi- ness, whether transacted within or without the state. A GROUP ACCIDENT AND HEALTH INSURANCE POLICY PROVIDING DISABILITY AND FAMILY LEAVE BENE- FITS PURSUANT TO ARTICLE NINE OF THE WORKERS' COMPENSATION LAW SHALL BE SUBJECT TO THE REQUIREMENTS OF SUBSECTION (N) OF THIS SECTION. (4) Nothing herein shall prohibit the state insurance fund from taking into account peculiar hazards of individual risks in establishing higher premium rates to be charged for insurance providing for the payment of disability [or] AND FAMILY LEAVE benefits in accordance with article nine of the workers' compensation law. (N)(1) ON OR BEFORE JUNE FIRST, TWO THOUSAND SEVENTEEN, THE SUPER- INTENDENT OF FINANCIAL SERVICES BY REGULATION, IN CONSULTATION WITH THE CHAIR OF THE WORKERS' COMPENSATION BOARD OF THIS STATE, SHALL DETERMINE WHETHER A GROUP ACCIDENT AND HEALTH INSURANCE POLICY, INCLUDING POLICIES ISSUED BY THE STATE INSURANCE FUND, PROVIDING DISABILITY AND FAMILY LEAVE BENEFITS PURSUANT TO ARTICLE NINE OF THE WORKERS' COMPENSATION LAW, REQUIRES THE POLICY TO BE EXPERIENCE RATED OR COMMUNITY RATED, WHICH MAY INCLUDE SUBJECTING THE POLICY TO A RISK ADJUSTMENT MECHANISM. (2) IF THE POLICY IS SUBJECTED TO A RISK ADJUSTMENT MECHANISM, THE SUPERINTENDENT OF FINANCIAL SERVICES SHALL PROMULGATE REGULATIONS NECES- SARY FOR THE IMPLEMENTATION OF THIS SUBSECTION IN CONSULTATION WITH THE CHAIR OF THE WORKERS' COMPENSATION BOARD OF THIS STATE. ANY SUCH RISK ADJUSTMENT MECHANISM SHALL BE ADMINISTERED DIRECTLY BY THE SUPERINTEN- DENT OF FINANCIAL SERVICES OF THIS STATE, IN CONSULTATION WITH THE CHAIR OF THE WORKERS' COMPENSATION BOARD OF THIS STATE, OR BY A THIRD PARTY VENDOR SELECTED BY THE SUPERINTENDENT OF FINANCIAL SERVICES IN CONSULTA- TION WITH THE CHAIR OF THE WORKERS' COMPENSATION BOARD. (3) "RISK ADJUSTMENT MECHANISM" AS USED IN THIS SUBSECTION MEANS THE PROCESS USED TO EQUALIZE THE PER MEMBER PER MONTH CLAIM AMOUNTS AMONG INSURERS IN ORDER TO PROTECT INSURERS FROM DISPROPORTIONATE ADVERSE RISKS. S 35. Subdivision (c) of section 1108 of the insurance law, as amended by chapter 838 of the laws of 1985, is amended to read as follows: (c) The state insurance fund of this state, except as to the provisions of subsection (d) of section two thousand three hundred thir- ty-nine, section three thousand one hundred ten, subsection (a), para- graph one of subsection (b), paragraph three of subsection (c) and subsection (d) of section three thousand two hundred one, sections three thousand two hundred two, three thousand two hundred four, subsections S. 6405 83 A. 9005 (a) through (d) of section three thousand two hundred twenty-one, subsections (b) and (c) of section four thousand two hundred twenty- four, section four thousand two hundred twenty-six and subsections (a) and (b) [and], (g) through (j), AND (N) of section four thousand two hundred thirty-five of this chapter and except as otherwise specifically provided by the laws of this state. S 36. This act shall take effect on the April 1, 2016 and shall apply to all policies or contracts issued, renewed, modified, altered or amended on or after such effective date; provided, however, that effec- tive immediately, the addition, amendment and/or repeal of any rule or regulation necessary for the implementation of this act on its effective date are authorized and directed to be made and completed on or before such effective date. PART I Section 1. The public authorities law is amended by adding a new section 1678-a to read as follows: S 1678-A. NEW YORK STATE DESIGN AND CONSTRUCTION CORPORATION ACT. 1. PURPOSES OF ACT. THE PURPOSES OF THE NEW YORK STATE DESIGN AND CONSTRUCTION CORPORATION ACT ARE TO: (A) ESTABLISH THE NEW YORK STATE DESIGN AND CONSTRUCTION CORPORATION IN ORDER TO PROVIDE ADDITIONAL PROJECT MANAGEMENT EXPERTISE AND OVERSIGHT ON SIGNIFICANT PUBLIC WORKS PROJECTS UNDERTAKEN BY STATE AGENCIES, DEPARTMENTS, PUBLIC AUTHORITIES AND PUBLIC BENEFIT CORPORATIONS; (B) SET FORTH THE RESPONSIBILITY AND OBLIGATION OF ALL STATE AGENCIES, DEPARTMENTS, PUBLIC AUTHORITIES AND PUBLIC BENEFIT CORPORATIONS TO COOPERATE WITH THE CORPORATION AND ACCOM- PLISH THE PURPOSES OF THIS SECTION; (C) MAKE PROVISIONS FOR CONTRACTUAL REQUIREMENTS CONCERNING THE INCORPORATION OF THIS SECTION FOR PUBLIC WORKS PROJECTS HAVING A TOTAL OR AGGREGATE CONSTRUCTION VALUE IN EXCESS OF FIFTY MILLION DOLLARS AND FOR ANY AND ALL CONTRACTS RELATING TO SUCH PROJECTS WHICH ARE ADVERTISED FOR BID OR PROPOSAL OR OTHERWISE PROCURED AND/OR ENTERED INTO ON OR AFTER JANUARY FIRST, TWO THOUSAND SIXTEEN; AND (D) PROVIDE A MEANS TO IMPLEMENT IMPROVEMENTS AND OTHER PROJECT CHANGES ON ALL PROPOSED PUBLIC WORKS PROJECTS IN EXCESS OF FIFTY MILLION DOLLARS IN TOTAL OR AGGREGATE VALUE, IN A MORE TIMELY FASHION, SO THAT SUCH PROJECTS CAN BE ACCOMPLISHED, TO THE EXTENT PRACTICABLE, ON TIME, WITHIN BUDGET AND AT AN ACCEPTABLE OVERALL QUALITY AND COST TO THE STATE OF NEW YORK. 2. NEW YORK STATE DESIGN AND CONSTRUCTION CORPORATION. (A) THERE IS HEREBY ESTABLISHED THE NEW YORK STATE DESIGN AND CONSTRUCTION CORPO- RATION AS A SUBSIDIARY CORPORATION OF THE DORMITORY AUTHORITY. (B) THE DORMITORY AUTHORITY MAY TRANSFER OR ASSIGN TO SUCH SUBSIDIARY CORPORATION ANY REAL, PERSONAL OR MIXED PROPERTY AS SHALL BE REQUIRED IN ORDER TO CARRY OUT THE PURPOSES OF THIS ACT. THE AUTHORITY MAY ASSIGN ANY SUCH EMPLOYEES TO WORK FOR THE CORPORATION AS SHALL BE REQUIRED IN ORDER TO CARRY OUT THE PURPOSES OF THIS SECTION. NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, THE TERM "EMPLOYEE" AS SET FORTH IN THIS SECTION SHALL MEAN A DORMITORY AUTHORITY EMPLOYEE ASSIGNED, IN WHOLE, OR IN PART, TO WORK FOR THE CORPORATION. (C) SUCH CORPORATION SHALL BE A BODY CORPORATE AND POLITIC CONSTITUT- ING A PUBLIC BENEFIT CORPORATION, AND SHALL HAVE ALL OF THE PRIVILEGES, IMMUNITIES, TAX EXEMPTIONS AND OTHER EXEMPTIONS OF THE DORMITORY AUTHOR- ITY TO THE EXTENT THE SAME ARE NOT INCONSISTENT WITH THIS SECTION. (D) THE BOARD OF THE CORPORATION SHALL CONSIST OF THREE MEMBERS AS DESIGNATED BY THE GOVERNOR, AND THE GOVERNOR SHALL DESIGNATE THE CHAIR S. 6405 84 A. 9005 FROM AMONG THE MEMBERS OF THE CORPORATION'S BOARD. THE MEMBERS OF THE CORPORATION'S BOARD SHALL SERVE UNTIL SUCH TIME AS HIS OR HER SUCCESSOR IS APPOINTED BY THE GOVERNOR. (E) A QUORUM SHALL CONSIST OF A MAJORITY OF THE MEMBERS OF THE BOARD. A QUORUM SHALL BE REQUIRED FOR THE BOARD TO CONDUCT BUSINESS, AND APPROVAL OF ANY MATTER PROPERLY BEFORE THE BOARD SHALL REQUIRE THE AFFIRMATIVE VOTE OF THE MAJORITY OF THE BOARD. MEETINGS OF THE CORPO- RATION SHALL BE CALLED BY THE CHAIR, OR BY A MAJORITY OF THE MEMBERS APPOINTED. MEETINGS SHALL BE HELD AT LEAST BI-ANNUALLY. (F) NOTHING IN THIS SUBDIVISION SHALL BE CONSTRUED TO IMPOSE ANY LIABILITIES, OBLIGATIONS OR RESPONSIBILITIES OF SUCH CORPORATION UPON THE DORMITORY AUTHORITY, AND THE AUTHORITY SHALL HAVE NO LIABILITY OR RESPONSIBILITY THEREFOR UNLESS THE AUTHORITY EXPRESSLY AGREES BY RESOL- UTION OF THE AUTHORITY BOARD TO ASSUME THE SAME. (G) THE PROVISIONS OF SECTION SIXTEEN HUNDRED NINETY-ONE OF THIS TITLE SHALL IN ALL RESPECTS APPLY TO MEMBERS OF THE CORPORATION AND ANY OFFI- CER, EMPLOYEE OR AGENT OF THE DORMITORY AUTHORITY TRANSFERRED OR ASSIGNED TO THE CORPORATION, WHILE ACTING WITHIN THE SCOPE OF HIS, HER OR ITS AUTHORITY. (H) ALL OF THE PROVISIONS OF SECTIONS SEVENTEEN AND NINETEEN OF THE PUBLIC OFFICERS LAW SHALL APPLY TO THE MEMBERS, DIRECTORS, OFFICERS AND EMPLOYEES OF THE CORPORATION. (I) THE CORPORATION CREATED PURSUANT TO THIS SECTION SHALL BE SUBJECT TO ANY OTHER PROVISIONS OF THIS CHAPTER PERTAINING TO SUBSIDIARIES OF PUBLIC AUTHORITIES TO THE EXTENT THAT SUCH PROVISIONS ARE NOT INCONSIST- ENT WITH THE PROVISIONS OF THIS SECTION. 3. CORPORATION REVIEW AND OVERSIGHT OF PUBLIC WORKS CONTRACTS. FOR ALL PUBLIC WORKS PROJECTS HAVING A TOTAL OR AGGREGATE CONSTRUCTION VALUE IN EXCESS OF FIFTY MILLION DOLLARS AND FOR ANY AND ALL CONTRACTS RELATING TO SUCH PROJECTS WHICH ARE ADVERTISED FOR BID OR PROPOSAL OR OTHERWISE PROCURED AND/OR ENTERED INTO ON OR AFTER JANUARY FIRST, TWO THOUSAND SIXTEEN: (A) ANY STATE AGENCY, DEPARTMENT, PUBLIC AUTHORITY OR PUBLIC BENEFIT CORPORATION PROPOSING A PUBLIC WORKS PROJECT HAVING A TOTAL OR AGGREGATE CONSTRUCTION VALUE IN EXCESS OF FIFTY MILLION DOLLARS SHALL PROVIDE WRITTEN NOTICE TO THE CORPORATION OF SUCH PROPOSAL, TO INCLUDE WITHOUT LIMITATION, THE ESTIMATED VALUE OF THE PROJECT AND A SUMMARY OF THE SCOPE AND DURATION OF THE PROJECT. PROJECTS SHALL NOT BE DIVIDED OR SEGMENTED FOR THE PURPOSES OF AVOIDING COMPLIANCE WITH THE PROVISIONS OF THIS ACT. (B) THE CORPORATION SHALL HAVE THE AUTHORITY TO, AND MAY, IN ITS SOLE DISCRETION, REQUIRE REVIEW AND OVERSIGHT, IN WHOLE OR IN PART, OF ANY PROJECT, AND MAKE RECOMMENDATIONS REGARDING REQUIRED CORRECTIVE OR OTHER ACTION TO ANY STATE AGENCY, DEPARTMENT, PUBLIC AUTHORITY OR PUBLIC BENE- FIT CORPORATION IN CONNECTION WITH SUCH PROJECT. (C) FOR THE PURPOSES OF THIS SECTION, THE TERM "PROJECT" SHALL MEAN ANY WORK ASSOCIATED WITH THE PLANNING, ACQUISITION, DESIGN, ENGINEERING, ENVIRONMENTAL ANALYSIS, CONSTRUCTION, RECONSTRUCTION, RESTORATION, REHA- BILITATION, ESTABLISHMENT, IMPROVEMENT, RENOVATION, EXTENSION, REPAIR, REVITALIZATION, MANAGEMENT AND DEVELOPMENT OF A CAPITAL ASSET AS DEFINED IN SECTION TWO OF THE STATE FINANCE LAW. (D) THE STATE AGENCY, DEPARTMENT, PUBLIC AUTHORITY OR PUBLIC BENEFIT CORPORATION UNDERTAKING SUCH PROJECT SHALL FULLY COOPERATE WITH ANY DETERMINATION OF THE CORPORATION, AND PROVIDE ACCESS TO ALL PERSONNEL, BOOKS, RECORDS, PLANS, SPECIFICATIONS, DATA AND OTHER INFORMATION AS MAY BE NECESSARY FOR THE CORPORATION TO PERFORM ITS DUTIES. S. 6405 85 A. 9005 (E) IN THE EVENT THE CORPORATION DETERMINES THAT CORRECTIVE OR OTHER ACTION IS NECESSARY FOR SUCH A PROJECT, THEN THE CORPORATION SHALL HAVE THE AUTHORITY TO DIRECT THAT THE STATE AGENCY, DEPARTMENT, PUBLIC AUTHORITY OR PUBLIC BENEFIT CORPORATION UNDERTAKING THE PROJECT SHALL IMPLEMENT ALL CORRECTIVE OR OTHER ACTION AS SHALL BE REQUIRED TO ACCOM- PLISH THE PROJECT, TO THE EXTENT PRACTICABLE, ON TIME, WITHIN BUDGET AND AT AN ACCEPTABLE OVERALL COST TO THE STATE OF NEW YORK. SUCH CORRECTIVE OR OTHER ACTION SHALL INCLUDE, BUT NOT BE LIMITED TO: (I) MODIFICATION OF SUCH PLANS, SPECIFICATIONS, DESIGNS AND ESTIMATES OF COSTS FOR THE CONSTRUCTION OF THE PROJECT AND EQUIPMENT OF FACILI- TIES; (II) DETAILED ANALYSIS OF THE PROJECT SCHEDULE; (III) DETAILED ANALYSIS OF PROJECT BUDGET; (IV) DETAILED ANALYSIS OF CHANGE ORDERS AND/OR PAYMENTS TO PRIME CONTRACTORS, SUBCONTRACTORS AND OTHER PARTIES; (V) DETAILED ANALYSIS OF RECORDS OF CONSTRUCTION OBSERVATIONS, INSPECTIONS AND DEFICIENCIES; (VI) TERMINATION OF CONTRACTS, CONTRACTORS, SUBCONTRACTORS OR OTHER CONSULTANTS; (VII) PROCUREMENT OF INDEPENDENT AUDITORS, PROJECT MANAGERS, LEGAL COUNSEL, OR OTHER PROFESSIONALS FOR THE BENEFIT OF THE PROJECT; (VIII) REGULAR REPORTING OF PROJECT STATUS AND MILESTONES TO THE PUBLIC; (IX) ACTIVE PROJECT MANAGEMENT REVIEW AND OVERSIGHT UTILIZING ADDI- TIONAL RESOURCES PROVIDED BY THE CORPORATION; AND (X) PERIODIC PROJECT REVIEW AND AUDIT BY THE CORPORATION ON A SUITABLE TIME INTERVAL DETERMINED BY THE CORPORATION. (F) ANY STATE AGENCY, DEPARTMENT, PUBLIC AUTHORITY OR PUBLIC BENEFIT CORPORATION PROPOSING A PUBLIC WORKS PROJECT HAVING A TOTAL OR AGGREGATE CONSTRUCTION VALUE IN EXCESS OF FIFTY MILLION DOLLARS SHALL INCLUDE A SUMMARY OF THE PROVISIONS OF THIS SUBDIVISION IN ALL SUCH PROPOSAL AND/OR BID DOCUMENTS FOR SUCH PROJECTS. (G) ALL CONTRACT DOCUMENTS SHALL EXPRESSLY INCORPORATE THE PROVISIONS OF THIS SECTION AND INCLUDE COMPLIANCE WITH THE PROVISIONS HEREOF AS A CONDITION OF PERFORMANCE. 4. GENERAL POWERS AND DUTIES OF THE CORPORATION. (A) THE CORPORATION SHALL HAVE THE POWER TO: (I) SUE AND BE SUED; (II) HAVE A SEAL AND ALTER THE SAME AT PLEASURE; (III) MAKE AND ALTER BY-LAWS FOR ITS ORGANIZATION AND INTERNAL MANAGE- MENT AND MAKE RULES AND REGULATIONS GOVERNING SAME; (IV) APPOINT SUCH OFFICERS AND EMPLOYEES FROM THE OFFICERS AND EMPLOY- EES OF THE AUTHORITY, AS IT MAY REQUIRE FOR THE PERFORMANCE OF ITS DUTIES AND FIX AND DETERMINE THEIR QUALIFICATIONS, DUTIES, AND COMPEN- SATION, AND RETAIN OR EMPLOY COUNSEL, AUDITORS, PRIVATE FINANCIAL CONSULTANTS, PROFESSIONAL ENGINEERS OR OTHER TECHNICAL CONSULTANTS AND OTHER SERVICES ON A CONTRACT BASIS OR OTHERWISE, FOR THE RENDERING OF PROFESSIONAL, BUSINESS OR TECHNICAL SERVICES AND ADVICE, AND BE REIM- BURSED FOR SUCH SERVICES AS A COST OF THE PROJECT; (V) MAKE AND EXECUTE CONTRACTS AND ALL OTHER INSTRUMENTS NECESSARY OR CONVENIENT FOR THE EXERCISE OF ITS POWERS AND FUNCTIONS UNDER THIS SECTION; (VI) TO FIX AND COLLECT FEES AND OTHER CHARGES FOR SERVICES THE CORPO- RATION RENDERS IN CONNECTION WITH THIS SECTION; S. 6405 86 A. 9005 (VII) ACQUIRE, HOLD AND DISPOSE OF REAL OR PERSONAL PROPERTY FOR ITS CORPORATE PURPOSES, INCLUDING WITHOUT LIMITATION THE POWER TO EXERCISE EMINENT DOMAIN; (VIII) ENGAGE THE SERVICES OF PRIVATE CONSULTANTS ON A CONTRACT BASIS FOR RENDERING PROFESSIONAL AND TECHNICAL ASSISTANCE ADVICE; (IX) PROCURE INSURANCE AGAINST ANY LOSS IN CONNECTION WITH ITS ACTIV- ITIES, PROPERTIES AND OTHER ASSETS, IN SUCH AMOUNT AND FROM SUCH INSUR- ANCE AS IT DEEMS DESIRABLE; AND (X) INVEST ANY FUNDS OF THE CORPORATION, OR ANY OTHER MONIES UNDER ITS CUSTODY AND CONTROL NOT REQUIRED FOR IMMEDIATE USE OR DISBURSEMENT, AT THE DISCRETION OF THE CORPORATION, IN OBLIGATIONS OF THE STATE OR THE UNITED STATES GOVERNMENT OR OBLIGATIONS THE PRINCIPAL AND INTEREST OF WHICH ARE OBLIGATIONS IN WHICH THE COMPTROLLER OF THE STATE IS AUTHOR- IZED TO INVEST PURSUANT TO SECTION NINETY-EIGHT OF THE STATE FINANCE LAW. (B) THE CORPORATION MAY DO ANY AND ALL THINGS NECESSARY OR CONVENIENT TO CARRY OUT AND EXERCISE THE POWERS GIVEN AND GRANTED BY THIS SECTION. (C) NOTWITHSTANDING ANY OTHER PROVISION OF LAW, TO THE CONTRARY, ALL STATE OFFICERS, DEPARTMENTS, BOARDS, DIVISIONS, COMMISSIONS, PUBLIC AUTHORITIES AND PUBLIC BENEFIT CORPORATIONS SHALL COOPERATE WITH THE CORPORATION IN EVERY WAY AND SHALL IMPLEMENT ANY AND ALL RECOMMENDATIONS OF THE CORPORATION IN ANY MANNER WITHOUT THE APPROVAL OR AUTHORIZATION OF ANY STATE OFFICER OR AGENCY. 5. TERMINATION OF CORPORATION. THE CORPORATION AND ITS CORPORATE EXISTENCE SHALL CONTINUE UNTIL TERMINATED BY LAW, PROVIDED, HOWEVER, THAT NO SUCH LAW SHALL TAKE EFFECT SO LONG AS THE CORPORATION SHALL HAVE OBLIGATIONS OUTSTANDING, UNLESS ADEQUATE PROVISION HAS BEEN MADE FOR THE PAYMENT OR EXERCISE THEREOF. S 2. This act shall take effect immediately. PART J Section 1. Section 167 of the civil service law is amended by adding a new subdivision 10 to read as follows: 10. NOTWITHSTANDING ANY INCONSISTENT PROVISION OF LAW, THE STATE'S CONTRIBUTION FOR THE COST OF PREMIUM OR SUBSCRIPTION CHARGES FOR THE COVERAGE OF RETIRED STATE EMPLOYEES WHO ARE ENROLLED IN THE STATEWIDE AND THE SUPPLEMENTARY HEALTH BENEFIT PLANS ESTABLISHED PURSUANT TO THIS ARTICLE AND WHO RETIRED ON OR AFTER OCTOBER FIRST, TWO THOUSAND SIXTEEN SHALL BE AS SET FORTH IN THIS SUBDIVISION. (A) FOR STATE EMPLOYEES WHO RETIRE FROM A POSITION AT OR EQUATED TO GRADE TEN OR HIGHER WITH AT LEAST TEN BUT LESS THAN TWENTY YEARS OF SERVICE, THE STATE SHALL PAY FIFTY PERCENT OF THE COST OF PREMIUM OR SUBSCRIPTION CHARGES FOR THE INDIVIDUAL COVERAGE OF SUCH RETIRED STATE EMPLOYEES. SUCH CONTRIBUTIONS SHALL INCREASE BY TWO PERCENT OF THE COST OF PREMIUM OR SUBSCRIPTION CHARGES FOR EACH YEAR OF SERVICE IN EXCESS OF TEN YEARS, TO A MAXIMUM OF SIXTY-EIGHT PERCENT OF THE COST OF PREMIUM OR SUBSCRIPTION CHARGES. FOR STATE EMPLOYEES WHO RETIRE FROM A POSITION AT OR EQUATED TO GRADE TEN OR HIGHER WITH TWENTY OR MORE YEARS OF SERVICE, THE STATE SHALL PAY SEVENTY-FOUR PERCENT OF THE COST OF PREMIUM OR SUBSCRIPTION CHARGES FOR THE INDIVIDUAL COVERAGE OF SUCH RETIRED STATE EMPLOYEES. SUCH CONTRIBUTIONS SHALL INCREASE BY ONE PERCENT OF THE COST OF PREMIUM OR SUBSCRIPTION CHARGES FOR EACH YEAR OF SERVICE IN EXCESS OF TWENTY YEARS, TO A MAXIMUM OF EIGHTY-FOUR PERCENT OF THE COST OF PREMIUM OR SUBSCRIPTION CHARGES. S. 6405 87 A. 9005 (B) FOR STATE EMPLOYEES WHO RETIRE FROM A POSITION AT OR EQUATED TO GRADE NINE OR LOWER WITH AT LEAST TEN BUT LESS THAN TWENTY YEARS OF SERVICE, THE STATE SHALL PAY FIFTY-FOUR PERCENT OF THE COST OF PREMIUM OR SUBSCRIPTION CHARGES FOR THE INDIVIDUAL COVERAGE OF SUCH RETIRED STATE EMPLOYEES. SUCH CONTRIBUTIONS SHALL INCREASE BY TWO PERCENT OF THE COST OF PREMIUM OR SUBSCRIPTION CHARGES FOR EACH YEAR OF SERVICE IN EXCESS OF TEN YEARS, TO A MAXIMUM OF SEVENTY-TWO PERCENT OF THE COST OF PREMIUM OR SUBSCRIPTION CHARGES. FOR STATE EMPLOYEES WHO RETIRE FROM A POSITION AT OR EQUATED TO GRADE NINE OR LOWER WITH TWENTY OR MORE YEARS OF SERVICE, THE STATE SHALL PAY SEVENTY-EIGHT PERCENT OF THE COST OF PREMIUM SUBSCRIPTION CHARGES FOR THE INDIVIDUAL COVERAGE OF SUCH RETIRED STATE EMPLOYEES. SUCH CONTRIBUTIONS SHALL INCREASE BY ONE PERCENT OF THE COST OF PREMIUM OR SUBSCRIPTION CHARGES FOR EACH YEAR OF SERVICE IN EXCESS OF TWENTY YEARS, TO A MAXIMUM OF EIGHTY-EIGHT PERCENT OF THE COST OF PREMIUM OR SUBSCRIPTION CHARGES. (C) FOR STATE EMPLOYEES WHO RETIRE FROM A POSITION AT OR EQUATED TO GRADE TEN OR HIGHER WITH AT LEAST TEN BUT LESS THAN TWENTY YEARS OF SERVICE, THE STATE SHALL PAY THIRTY-FIVE PERCENT OF THE COST OF PREMIUM OR SUBSCRIPTION CHARGES FOR THE COVERAGE OF DEPENDENTS OF SUCH RETIRED STATE EMPLOYEES; SUCH CONTRIBUTION SHALL INCREASE BY TWO PERCENT OF THE COST OF PREMIUM OR SUBSCRIPTION CHARGES FOR EACH YEAR OF SERVICE IN EXCESS OF TEN YEARS, TO A MAXIMUM OF FIFTY-THREE PERCENT OF THE COST OF PREMIUM OR SUBSCRIPTION CHARGES FOR SUCH DEPENDENTS. FOR STATE EMPLOYEES WHO RETIRE FROM A POSITION AT OR EQUATED TO GRADE TEN OR HIGHER WITH TWENTY OR MORE YEARS OF SERVICE, THE STATE SHALL PAY FIFTY-NINE PERCENT OF THE COST OF PREMIUM OR SUBSCRIPTION CHARGES FOR THE COVERAGE OF DEPENDENTS OF SUCH RETIRED STATE EMPLOYEES; SUCH CONTRIBUTION SHALL INCREASE BY ONE PERCENT OF THE COST OF PREMIUM OR SUBSCRIPTION CHARGES FOR EACH YEAR OF SERVICE IN EXCESS OF TWENTY YEARS, TO A MAXIMUM OF SIXTY-NINE PERCENT OF THE COST OF PREMIUM OR SUBSCRIPTION CHARGES FOR SUCH DEPENDENTS. (D) FOR STATE EMPLOYEES WHO RETIRE FROM A POSITION AT OR EQUATED TO GRADE NINE OR LOWER WITH AT LEAST TEN BUT LESS THAN TWENTY YEARS OF SERVICE, THE STATE SHALL PAY THIRTY-NINE PERCENT OF THE COST OF PREMIUM OR SUBSCRIPTION CHARGES FOR THE COVERAGE OF DEPENDENTS OF SUCH RETIRED STATE EMPLOYEES; SUCH CONTRIBUTION SHALL INCREASE BY TWO PERCENT OF THE COST OF PREMIUM OR SUBSCRIPTION CHARGES FOR EACH YEAR OF SERVICE IN EXCESS OF TEN YEARS, TO A MAXIMUM OF FIFTY-SEVEN PERCENT OF THE COST OF PREMIUM OR SUBSCRIPTION CHARGES FOR SUCH DEPENDENTS. FOR STATE EMPLOYEES WHO RETIRE FROM A POSITION AT OR EQUATED TO GRADE NINE OR LOWER WITH TWENTY OR MORE YEARS OF SERVICE, THE STATE SHALL PAY SIXTY-THREE PERCENT OF THE COST OF PREMIUM OR SUBSCRIPTION CHARGES FOR THE COVERAGE OF DEPENDENTS OF SUCH RETIRED STATE EMPLOYEES; SUCH CONTRIBUTION SHALL INCREASE BY ONE PERCENT OF THE COST OF PREMIUM OR SUBSCRIPTION CHARGES FOR EACH YEAR OF SERVICE IN EXCESS OF TWENTY YEARS, TO A MAXIMUM OF SEVENTY-THREE PERCENT OF THE COST OF PREMIUM OR SUBSCRIPTION CHARGES FOR SUCH DEPENDENTS. (E) WITH RESPECT TO ALL SUCH RETIRED STATE EMPLOYEES, EACH INCREMENT OF ONE OR TWO PERCENT OF THE COST OF PREMIUM OR SUBSCRIPTION CHARGES FOR EACH YEAR OF SERVICE SHALL BE APPLICABLE FOR WHOLE YEARS OF SERVICE TO THE STATE AND SHALL NOT BE APPLIED ON A PRO-RATA BASIS FOR PARTIAL YEARS OF SERVICE. (F) THE PROVISIONS OF THIS SUBDIVISION SHALL NOT BE APPLICABLE TO: (I) MEMBERS OF THE NEW YORK STATE AND LOCAL POLICE AND FIRE RETIREMENT SYSTEM; S. 6405 88 A. 9005 (II) MEMBERS IN THE UNIFORMED PERSONNEL IN INSTITUTIONS UNDER THE JURISDICTION OF THE STATE DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPER- VISION OR WHO ARE SECURITY HOSPITAL TREATMENT ASSISTANTS, AS DEFINED IN SECTION EIGHTY-NINE OF THE RETIREMENT AND SOCIAL SECURITY LAW; AND (III) ANY STATE EMPLOYEE DETERMINED TO HAVE RETIRED WITH AN ORDINARY, ACCIDENTAL, OR PERFORMANCE OF DUTY DISABILITY RETIREMENT BENEFIT. (G) FOR THE PURPOSES OF DETERMINING THE PREMIUM OR SUBSCRIPTION CHARG- ES TO BE PAID BY THE STATE ON BEHALF OF RETIRED STATE EMPLOYEES ENROLLED IN THE NEW YORK STATE HEALTH INSURANCE PROGRAM WHO RETIRE ON OR AFTER OCTOBER FIRST, TWO THOUSAND SIXTEEN, THE STATE SHALL CONSIDER ALL YEARS OF SERVICE THAT A RETIRED STATE EMPLOYEE HAS ACCRUED IN A PUBLIC RETIRE- MENT SYSTEM OF THE STATE OR AN OPTIONAL RETIREMENT PROGRAM ESTABLISHED PURSUANT TO ARTICLE THREE, EIGHT-B, OR ONE HUNDRED TWENTY-FIVE-A OF THE EDUCATION LAW. THE PROVISIONS OF THIS PARAGRAPH MAY NOT BE USED TO GRANT ELIGIBILITY FOR RETIREE STATE HEALTH INSURANCE COVERAGE TO A RETIREE WHO IS NOT OTHERWISE ELIGIBLE TO ENROLL IN THE NEW YORK STATE HEALTH INSUR- ANCE PROGRAM AS A RETIREE. S 2. This act shall take effect October 1, 2016. PART K Section 1. Section 167-a of the civil service law, as amended by section 1 of part I of chapter 55 of the laws of 2012, is amended to read as follows: S 167-a. Reimbursement for medicare premium charges. Upon exclusion from the coverage of the health benefit plan of supplementary medical insurance benefits for which an active or retired employee or a depend- ent covered by the health benefit plan is or would be eligible under the federal old-age, survivors and disability insurance program, EFFECTIVE OCTOBER FIRST, TWO THOUSAND SIXTEEN, an amount [equal to] NOT TO EXCEED ONE HUNDRED FOUR DOLLARS AND NINETY CENTS PER MONTH FOR the STANDARD MEDICARE premium charge for such supplementary medical insurance bene- fits for such active or retired employee and his or her dependents, if any, shall be paid monthly or at other intervals to such active or retired employee from the health insurance fund; PROVIDED, HOWEVER, EFFECTIVE JANUARY FIRST, TWO THOUSAND SIXTEEN, THERE SHALL BE NO PAYMENT WHATSOEVER FOR THE INCOME RELATED MONTHLY ADJUSTMENT AMOUNT FOR ANY AMOUNTS OR PREMIUMS INCURRED ON OR AFTER JANUARY FIRST, TWO THOUSAND SIXTEEN, TO ANY ACTIVE OR RETIRED EMPLOYEE AND HIS OR HER DEPENDENTS, IF ANY. Where appropriate, such STANDARD MEDICARE PREMIUM amount may be deducted from contributions payable by the employee or retired employee; or where appropriate in the case of a retired employee receiving a retirement allowance, such STANDARD MEDICARE PREMIUM amount may be included with payments of his or her retirement allowance. All state employer, employee, retired employee and dependent contributions to the health insurance fund, including contributions from public authorities, public benefit corporations or other quasi-public organizations of the state eligible for participation in the health benefit plan as author- ized by subdivision two of section one hundred sixty-three of this arti- cle, shall be adjusted as necessary to cover the cost of reimbursing federal old-age, survivors and disability insurance program premium charges under this section. This cost shall be included in the calcu- lation of premium or subscription charges for health coverage provided to employees and retired employees of the state, public authorities, public benefit corporations or other quasi-public organizations of the state; provided, however, the state, public authorities, public benefit S. 6405 89 A. 9005 corporations or other quasi-public organizations of the state shall remain obligated to pay no less than its share of such increased cost consistent with its share of premium or subscription charges provided for by this article. All other employer contributions to the health insurance fund shall be adjusted as necessary to provide for such payments. S 2. This act shall take effect immediately and shall be deemed to have been in full force and effect on and after October 1, 2016 for the standard medicare premium amount and January 1, 2016 for the income related monthly adjustment amount for any amounts or premiums incurred on or after January 1, 2016. PART L Section 1. Paragraph (d) of subdivision 4 of section 209 of the civil service law, as amended by chapter 67 of the laws of 2013, is amended to read as follows: (d) The provisions of this subdivision shall expire [thirty-nine years from July first, nineteen hundred seventy-seven, and hereafter may be renewed every four years] JULY FIRST, TWO THOUSAND NINETEEN. S 2. Paragraph (f) of subdivision 6 of section 209 of the civil service law, as added by chapter 67 of the laws of 2013, is amended to read as follows: (f) The provisions of this subdivision shall expire [three years from] July first, two thousand [thirteen] NINETEEN. S 3. This act shall take effect immediately. PART M Section 1. The opening paragraph of subdivision 3 of section 93-b of the state finance law, as added by section 1 of part H of chapter 60 of the laws of 2015, is amended to read as follows: Notwithstanding any other provisions of law to the contrary, for the state fiscal year commencing on April first, two thousand fifteen, AND EACH STATE FISCAL YEAR THEREAFTER, 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 infrastruc- ture investment fund, in an amount determined by the director of the budget to the extent moneys are available in the fund; provided, howev- er, 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; and/or to fulfill disallowances and/or settlements related to over-payments of 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 (b) of this subdi- vision. S 2. This act shall take effect immediately. PART N 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. Proprietary vocational school supervision account (20452). S. 6405 90 A. 9005 2. Local government records management account (20501). 3. Child health plus program account (20810). 4. EPIC premium account (20818). 5. Education - New (20901). 6. VLT - Sound basic education fund (20904). 7. Sewage treatment program management and administration fund (21000). 8. Hazardous bulk storage account (21061). 9. Federal grants indirect cost recovery account (21065). 10. Low level radioactive waste account (21066). 11. Recreation account (21067). 12. Public safety recovery account (21077). 13. Environmental regulatory account (21081). 14. Natural resource account (21082). 15. Mined land reclamation program account (21084). 16. Great lakes restoration initiative account (21087). 17. Environmental protection and oil spill compensation fund (21200). 18. Public transportation systems account (21401). 19. Metropolitan mass transportation (21402). 20. Operating permit program account (21451). 21. Mobile source account (21452). 22. Statewide planning and research cooperative system account (21902). 23. Mental hygiene program fund account (21907). 24. Mental hygiene patient income account (21909). 25. Financial control board account (21911). 26. Regulation of racing account (21912). 27. New York Metropolitan Transportation Council account (21913). 28. State university dormitory income reimbursable account (21937). 29. Criminal justice improvement account (21945). 30. Environmental laboratory reference fee account (21959). 31. Clinical laboratory reference system assessment account (21962). 32. Indirect cost recovery account (21978). 33. High school equivalency program account (21979). 34. Multi-agency training account (21989). 35. Interstate reciprocity for post-secondary distance education account. 36. Bell jar collection account (22003). 37. Industry and utility service account (22004). 38. Real property disposition account (22006). 39. Parking account (22007). 40. Asbestos safety training program account (22009). 41. Batavia school for the blind account (22032). 42. Investment services account (22034). 43. Surplus property account (22036). 44. Financial oversight account (22039). 45. Regulation of Indian gaming account (22046). 46. Rome school for the deaf account (22053). 47. Seized assets account (22054). 48. Administrative adjudication account (22055). 49. Federal salary sharing account (22056). 50. New York City assessment account (22062). 51. Cultural education account (22063). 52. Local services account (22078). 53. DHCR mortgage servicing account (22085). 54. Department of motor vehicles compulsory insurance account (22087). S. 6405 91 A. 9005 55. Housing indirect cost recovery account (22090). 56. DHCR-HCA application fee account (22100). 57. Low income housing monitoring account (22130). 58. Corporation administration account (22135). 59. Montrose veteran's home account (22144). 60. Deferred compensation administration account (22151). 61. Rent revenue other New York City account (22156). 62. Rent revenue account (22158). 63. Tax revenue arrearage account (22168). 64. State university general income offset account (22654). 65. Lake George park trust fund account (22751). 66. State police motor vehicle law enforcement account (22802). 67. Highway safety program account (23001). 68. EFC drinking water program account (23101). 69. DOH drinking water program account (23102). 70. NYCCC operating offset account (23151). 71. Commercial gaming revenue account (23701). 72. Commercial gaming regulation account (23702). 73. Highway and bridge capital account (30051). 74. State university residence hall rehabilitation fund (30100). 75. State parks infrastructure account (30351). 76. Clean water/clean air implementation fund (30500). 77. Hazardous waste remedial cleanup account (31506). 78. Youth facilities improvement account (31701). 79. Housing assistance fund (31800). 80. Housing program fund (31850). 81. Highway facility purpose account (31951). 82. Information technology capital financing account (32215). 83. New York racing account (32213). 84. Mental hygiene facilities capital improvement fund (32300). 85. Correctional facilities capital improvement fund (32350). 86. New York State Storm Recovery Capital Fund (33000). 87. OGS convention center account (50318). 88. Empire Plaza Gift Shop (50327) 89. Centralized services fund (55000). 90. Archives records management account (55052). 91. Federal single audit account (55053). 92. Civil service EHS occupational health program account (55056). 93. Banking services account (55057). 94. Cultural resources survey account (55058). 95. Automation & printing chargeback account (55060). 96. OFT NYT account (55061). 97. Data center account (55062). 98. Intrusion detection account (55066). 99. Domestic violence grant account (55067). 100. Centralized technology services account (55069). 101. Labor contact center account (55071). 102. Human services contact center account (55072). 103. Policing the NYS thruway account. 104. Executive direction internal audit account (55251). 105. CIO Information technology centralized services account (55252). 106. Health insurance internal service account (55300). 107. Civil service employee benefits division administrative account (55301). 108. Correctional industries revolving fund (55350). 109. Employees health insurance account (60201). S. 6405 92 A. 9005 110. 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, 2017, and with respect to item 5 under the miscella- neous category set forth in this section, up to and after March 31, 2017, up to the unencumbered balance or the following amounts: Economic Development and Public Authorities: 1. $175,000 from the miscellaneous special revenue fund, underground facilities safety training account (22172), to the general fund. 2. An amount up to the unencumbered balance from the miscellaneous special revenue fund, business and licensing services account (21977), to the general fund. 3. $14,810,000 from the miscellaneous special revenue fund, code enforcement account (21904), to the general fund. 4. $3,000,000 from the general fund to the miscellaneous special revenue fund, tax revenue arrearage account (22168). Education: 1. $2,260,000,000 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. $986,000,000 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. Up to $137,700,000 from the moneys deposited in commercial gaming revenue account (23701) to the general fund as reimbursement for disbursements made from the general fund for supplemental aid to educa- tion during the prior fiscal year due to the unencumbered balance of the commercial gaming revenue account during the prior fiscal year being less than required to fully fund payments of general support for public schools, pursuant to Chapter 61 of the laws of 2015. 5. $300,000 from the local government records management improvement fund (20500) to the archives partnership trust fund (20350). S. 6405 93 A. 9005 6. $900,000 from the general fund to the miscellaneous special revenue fund, Batavia school for the blind account (22032). 7. $900,000 from the general fund to the miscellaneous special revenue fund, Rome school for the deaf account (22053). 8. $343,400,000 from the state university dormitory income fund (40350) to the miscellaneous special revenue fund, state university dormitory income reimbursable account (21937). 9. $24,000,000 from any of the state education department special revenue and internal service funds to the miscellaneous special revenue fund, indirect cost recovery account (21978). 10. $8,318,000 from the general fund to the state university income fund, state university income offset account (22654), for the state's share of repayment of the STIP loan. 11. $40,000,000 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. 12. An amount up to $14,251,000 from the general fund to the state university income fund, state university general revenue account (22653). 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. $146,000,000 from the general fund to the environmental protection fund, environmental protection fund transfer account (30451). 6. $9,700,000 from the general fund to the hazardous waste remedial fund, hazardous waste oversight and assistance account (31505). 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. $4,000,000 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. S. 6405 94 A. 9005 4. $140,000,000 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 special revenue federal funds to the miscellaneous special revenue fund, office of temporary and disability assistance program account (21980). 6. $21,000,000 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. 10. $1,000,000 from the general fund to the housing program fund (31850). 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. $19,000,000 from the miscellaneous special revenue fund, revenue arrearage account (22024), to the general fund. 8. $1,826,000 from the miscellaneous special revenue fund, revenue arrearage account (22024), to the miscellaneous special revenue fund, authority budget office account (22138). 9. $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. 10. $21,789,000 from the general fund to the centralized services fund, COPS account (55013). 11. $2,360,000 from the general fund to the agencies internal service fund, central technology services account (55069), for the purpose of enterprise technology projects. 12. $15,000,000 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. $33,710,000 from the miscellaneous special revenue fund, quality of care account (21915), to the general fund. 2. A transfer from the general fund to the combined gifts, grants and bequests fund, breast cancer research and education account (20155), up to an amount equal to the monies collected and deposited into that account in the previous fiscal year. S. 6405 95 A. 9005 3. A transfer from the general fund to the combined gifts, grants and bequests fund, prostate cancer research, detection, and education account (20183), up to an amount equal to the moneys collected and deposited into that account in the previous fiscal year. 4. A transfer from the general fund to the combined gifts, grants and bequests fund, Alzheimer's disease research and assistance account (20143), up to 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. $7,000,000 from the miscellaneous special revenue fund, certificate of need account (21920), to the miscellaneous capital projects fund, healthcare IT capital subfund (32216). 7. $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). 8. $1,000,000 from the miscellaneous special revenue fund, vital records account (22103), to the miscellaneous capital projects fund, healthcare IT capital account (32216). 9. $55,500,000 from the HCRA resources fund (20800) to the capital projects fund (30000). 10. $3,700,000 from the miscellaneous New York state agency fund, medical assistance account to the general fund. 11. $4,886,000 from the general fund to the medical marihuana trust fund, health operation and oversight account (23755). 12. $1,086,000 from the miscellaneous special revenue fund, certif- icate of need account (21920), to the general fund. 13. $1,000,000 from the miscellaneous special revenue fund, profes- sional medical conduct account (22088), to the miscellaneous capital projects fund, healthcare IT capital account (32216). Labor: 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. $1,950,000,000 from the general fund to the miscellaneous special revenue fund, mental hygiene patient income account (21909). 3. $1,550,000,000 from the general fund to the miscellaneous special revenue fund, mental hygiene program fund account (21907). 4. $100,000,000 from the miscellaneous special revenue fund, mental hygiene program fund account (21907), to the general fund. 5. $100,000,000 from the miscellaneous special revenue fund, mental hygiene patient income account (21909), to the general fund. 6. $3,800,000 from the miscellaneous special revenue fund, mental hygiene patient income account (21909), to the agencies internal service fund, civil service EHS occupational health program account (55056). S. 6405 96 A. 9005 7. $5,000,000 from the chemical dependance service fund, substance abuse services fund account (22700), to the miscellaneous capital projects fund, chemical dependance service capital account. 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. $10,500,000 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. $6,300,000 from the general fund to the miscellaneous special revenue fund, crimes against revenue program account (22015). 6. $8,600,000 from the miscellaneous special revenue fund, criminal justice improvement account (21945), to the general fund. 7. $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. 8. $53,500,000 from the general fund to the correctional facilities capital improvement fund (32350). 9. $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. 10. $10,000,000 from the miscellaneous special revenue fund, statewide public safety communications account (22123), to the capital projects fund (30000). 11. $2,900,000 from the miscellaneous special revenue fund, legal services assistance account (22096), to the general fund. 12. $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. 13. $1,000,000 from the general fund to the agencies internal service fund, center for employment opportunities NWP account. 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. $1,240,000 from the miscellaneous special revenue fund, compulsory insurance account (22087), to the dedicated highway and bridge trust fund (30050). 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. $750,000,000 from the general fund to the dedicated highway and bridge trust fund (30050). 6. $936,000 from the miscellaneous special revenue fund, accident prevention course program account (22094), to the dedicated highway and bridge trust fund (30050). S. 6405 97 A. 9005 7. $1,234,000 from the miscellaneous special revenue fund, motorcycle safety account (21976), to the dedicated highway and bridge trust fund (30050). 8. $309,250,000 from the general fund to the MTA financial assistance fund, mobility tax trust account (23651). 9. $5,000,000 from the miscellaneous special revenue fund, transporta- tion 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. 10. $34,000 from the miscellaneous special revenue fund, seized assets account (21906), to the dedicated highway and bridge trust fund (30050). 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. $500,000,000 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. $1,840,000,000 from the general fund to the dedicated infrastruc- ture investment fund. 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, 2017: 1. Upon request of the commissioner of environmental conservation, up to $11,410,000 from revenues credited to any of the department of envi- ronmental conservation special revenue funds, including $3,293,400 from the environmental protection and oil spill compensation fund (21200), and $1,783,600 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, 2017, the comptroller is hereby authorized and directed to deposit earnings that would otherwise accrue to the S. 6405 98 A. 9005 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, 2017, 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, 2017, up to $6,500,000 from the state university income fund general revenue account (22653) to the state general fund for debt service costs related to campus supported capital project costs for the NY-SUNY 2020 challenge grant program at the University at Albany. S 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, 2017. 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 $69,264,000 from the general fund to the state university income fund, state university hospitals income reimbursable account (22656) during the period July 1, 2016 through June 30, 2017 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 $996,778,300 from the general fund to the state university income fund, state university general revenue offset account (22655) during the period of July 1, 2016 through June 30, 2017 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 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 S. 6405 99 A. 9005 income fund, Long Island veterans' home account (22652) to the state university capital projects fund (32400) on or before June 30, 2017. S 12. 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 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, 2017. S 13. 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 14. Notwithstanding any law to the contrary, and in accordance with section 4 of the state finance law, the comptroller is hereby authorized and directed to transfer monies, upon request of the director of the budget, on or before March 31, 2017, 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 15. Notwithstanding any law to the contrary, and in accordance with section 4 of the state finance law, the comptroller is hereby authorized and directed to transfer, at the request of the director of the budget, up to $750 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 2016-17 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. 6405 100 A. 9005 S 16. Notwithstanding any law to the contrary, and in accordance with section 4 of the state finance law, the comptroller is hereby authorized and directed to transfer, at the request of the director of the budget, up to $100 million from any non-general fund or account, or combination of funds and accounts, to the 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 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 $350 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 18. 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 transfer to the state treasury to the credit of the general fund $20,000,000 for the state fiscal year commencing April 1, 2016, the proceeds of which will be utilized to support energy-related state activities. S 19. Notwithstanding any provision of law, rule or regulation to the contrary, the New York State energy research and development authority is authorized and directed to make a contribution to the state treasury to the credit of the general fund in the amount of $23,000,000 from proceeds collected by the authority from the auction or sale of carbon dioxide emission allowances allocated by the department of environmental conservation on or before March 31, 2017. S 20. Notwithstanding any provision of law, rule or regulation to the contrary, the New York state energy research and development authority is authorized and directed to transfer to the state university income fund general revenue account (22653), in an amount not to exceed $15,000,000 for the state fiscal year commencing April 1, 2016 from the S. 6405 101 A. 9005 proceeds collected by the authority from the auction or sale of carbon dioxide emission allowances allocated by the department of environmental conservation, which amount shall be utilized to support the Clean Energy Workforce Opportunity Program, to expand and develop clean energy educa- tion and workforce training programs; provided further, that up to $5,000,000 of such amount shall be available to support Clean Energy Workforce Opportunity Program initiatives at state university of New York community colleges. S 21. Subdivision 5 of section 97-rrr of the state finance law, as amended by section 21 of part I of chapter 60 of the laws of 2015, 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 [fifteen] SIXTEEN, 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 [$3,382,279,000] $3,227,844,000, 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 [fifteen] SIXTEEN. 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 2016. 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 2016 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. The opening paragraph of section 2 and section 47 of part I of chapter 60 of the laws of 2015, providing for the administration of certain funds and accounts related to the 2015-16 budget, are amended to read as follows: 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, AND WITH RESPECT TO ITEM 5 UNDER THE MISCELLA- NEOUS CATEGORY SET FORTH IN THIS SECTION, UP TO AND AFTER MARCH 31, 2016, up to the unencumbered balance or the following amounts: 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] WITH THE EXCEPTION OF ITEM 5 OF THE MISCELLANEOUS CATE- GORY SET FORTH WITHIN SECTION TWO OF THIS ACT, the provisions of sections one through eight and sections thirteen through twenty of this act shall expire March 31, 2016, when upon such date the provisions of such sections shall be deemed repealed. S 24. Subdivision 6 of section 4 of the state finance law, as amended by section 22 of part I of chapter 55 of the laws of 2014, is amended to read as follows: 6. Notwithstanding any law to the contrary, at the beginning of the state fiscal year, the state comptroller is hereby authorized and directed to receive for deposit to the credit of a fund and/or an S. 6405 102 A. 9005 account such monies as are identified by the director of the budget as having been intended for such deposit to support disbursements from such fund and/or account made in pursuance of an appropriation by law. As soon as practicable upon enactment of the budget, the director of the budget shall, but not less than three days following preliminary submission to the chairs of the senate finance committee and the assem- bly ways and means committee, file with the state comptroller an iden- tification of specific monies to be so deposited. Any subsequent change regarding the monies to be so deposited shall be filed by the director of the budget, as soon as practicable, but not less than three days following preliminary submission to the chairs of the senate finance committee and the assembly ways and means committee. All monies identified by the director of the budget to be deposited to the credit of a fund and/or account shall be consistent with the intent of the budget for the then current state fiscal year as enacted by the legislature. [The provisions of this subdivision shall expire on March thirty- first, two thousand sixteen.] S 25. Subdivision 4 of section 40 of the state finance law, as amended by section 23 of part I of chapter 55 of the laws of 2014, is amended to read as follows: 4. Every appropriation made from a fund or account to a department or agency shall be available for the payment of prior years' liabilities in such fund or account for fringe benefits, indirect costs, and telecommu- nications expenses and expenses for other centralized services fund programs without limit. Every appropriation shall also be available for the payment of prior years' liabilities other than those indicated above, but only to the extent of one-half of one percent of the total amount appropriated to a department or agency in such fund or account. [The provisions of this subdivision shall expire March thirty-first, two thousand sixteen.] S 26. Subparagraph (i) of paragraph (a) of subdivision 3 of section 92-cc of the state finance law, as added by chapter 1 of the laws of 2007, is amended to read as follows: (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 PRIVATE SECTOR employment, [total] AVER- AGE WEEKLY HOURS OF manufacturing [hours worked] WORKERS, and THE unem- ployment RATE prepared by the department of labor or its successor agen- cy, and total sales tax [collected net of law changes] COLLECTIONS ADJUSTED FOR INFLATION, prepared by the department of taxation and finance or its successor agency. Such index shall be [constructed in accordance with the procedures 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] CENSUS BUREAU or its successor agency. If the composite index declines for five 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 notifica- tion, the director of the budget may authorize and direct the comp- troller 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 S. 6405 103 A. 9005 composite index shall have increased for five consecutive months or twelve months from the original notification of the commissioner of labor, whichever occurs earlier. Provided, however, that for every addi- tional and consecutive monthly decline succeeding the five month decline so noted by the commissioner of labor, the twelve month lapse date shall be extended by one additional month; or S 27. Paragraph (a) of subdivision 3 of section 93-b of the state finance law, as added by section 1 of part H of chapter 60 of the laws of 2015, is amended to read as follows: (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 PRIVATE SECTOR employment, [total] AVER- AGE WEEKLY HOURS OF manufacturing [hours worked] WORKERS, and THE unem- ployment RATE prepared by the department of labor or its successor agen- cy, and total sales tax [collected net of law changes] COLLECTIONS ADJUSTED FOR INFLATION, prepared by the department of taxation and finance or its successor agency. Such index shall be [constructed in accordance with the procedures 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] CENSUS BUREAU or its successor agency. If the composite index declines for five 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 notifica- tion, the director of the budget may authorize and direct the comp- troller to transfer from the dedicated infrastructure investment fund to the general fund such amounts as the director of the budget deems neces- sary to meet the requirements of the state financial plan. The authority to transfer funds under the provisions of this paragraph shall lapse when the composite index shall have increased for five consecutive months or twelve months from the original notification of the commis- sioner of labor, whichever occurs earlier. Provided, however, that for every additional and consecutive monthly decline succeeding the five month decline so noted by the commissioner of labor, the twelve month lapse date shall be extended by one additional month. S 28. Notwithstanding any other law, rule, or regulation to the contrary, the state comptroller is hereby authorized and directed to use any balance remaining in the mental health services fund debt service appropriation, after payment by the state comptroller of all obligations required pursuant to any lease, sublease, or other financing arrangement between the dormitory authority of the state of New York as successor to the New York state medical care facilities finance agency, and the facilities development corporation pursuant to chapter 83 of the laws of 1995 and the department of mental hygiene for the purpose of making payments to the dormitory authority of the state of New York for the amount of the earnings for the investment of monies deposited in the mental health services fund that such agency determines will or may have to be rebated to the federal government pursuant to the provisions of the internal revenue code of 1986, as amended, in order to enable such agency to maintain the exemption from federal income taxation on the interest paid to the holders of such agency's mental services facilities improvement revenue bonds. Annually on or before each June 30th, such agency shall certify to the state comptroller its determination of the S. 6405 104 A. 9005 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 29. 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 25 of part I of chapter 60 of the laws of 2015, 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 [two] THREE hundred [sixty-nine] SIXTY-FOUR million [one] EIGHT 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 30. 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 27 of part I of chapter 60 of the laws of 2015, 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] FOUR hundred [sixty-three] TWENTY-FOUR million [three] NINE hundred [sixty- nine] NINETY-NINE thousand dollars [$7,163,369,000] $7,424,999,000, and shall include all bonds, notes and other obligations issued pursuant to chapter 56 of the laws of 1983, as amended or supplemented. The proceeds of such bonds, notes or other obligations shall be paid to the state, for deposit in the correctional facilities capital improvement fund to pay for all or any portion of the amount or amounts paid by the state from appropriations or reappropriations made to the department of corrections and community supervision from the correctional facilities capital improvement fund for capital projects. The aggregate amount of bonds, notes or other obligations authorized to be issued pursuant to this section shall exclude bonds, notes or other obligations issued to refund or otherwise repay bonds, notes or other obligations theretofore issued, the proceeds of which were paid to the state for all or a portion of the amounts expended by the state from appropriations or reappropriations made to the department of corrections and community supervision; provided, however, that upon any such refunding or repay- ment the total aggregate principal amount of outstanding bonds, notes or S. 6405 105 A. 9005 other obligations may be greater than seven billion [one] FOUR hundred [sixty-three] TWENTY-FOUR million [three] NINE hundred [sixty-nine] NINETY-NINE thousand dollars [$7,163,369,000] $7,424,999,000, 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 obligations, which shall be that rate arrived at by doubling the semi-annual interest rate (compounded semi-annually) necessary to discount the debt service payments on the refunding or repayment bonds, notes or other obligations from the payment dates thereof to the date of issue of the refunding or repayment bonds, notes or other obligations and to the price bid includ- ing estimated accrued interest or proceeds received by the corporation including estimated accrued interest from the sale thereof. S 31. Paragraph (a) of subdivision 2 of section 47-e of the private housing finance law, as amended by section 28 of part I of chapter 60 of the laws of 2015, 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 [three] FOUR billion [one] SIX hundred [fifty-three] NINETY-SEVEN million [seven] FOUR hundred [nine- ty-nine] SEVENTY-FOUR 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 partic- ular 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 32. 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 29 of part I of chapter 60 of the laws of 2015, is amended to read as follows: (b) Any service contract or contracts for projects authorized pursuant to sections 10-c, 10-f, 10-g and 80-b of the highway law and section S. 6405 106 A. 9005 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 [$8,658,881,000] $9,147,234,000 cumulatively by the end of fiscal year [2015-16] 2016-17. S 33. Subdivision 1 of section 1689-i of the public authorities law, as amended by section 30 of part I of chapter 60 of the laws of 2015, 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 [forty] FIFTY-FOUR million dollars. S 34. 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 31 of part I of chapter 60 of the laws of 2015, 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 [$155,600,000] $167,600,000, 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 35. 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 32 of part I of chapter 60 of the laws of 2015, 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 economic development fund, the clarkson-trudeau partnership, the New York genome center, the cornell university college of veterinary medi- S. 6405 107 A. 9005 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, regional infrastructure projects, A COMMERCIALIZATION CENTER IN CHAUTAU- QUA COUNTY, AN INDUSTRIAL SCALE RESEARCH AND DEVELOPMENT FACILITY IN CLINTON COUNTY, UPSTATE REVITALIZATION INITIATIVE PROJECTS, MARKET NEW YORK PROJECTS, and other state costs associated with such projects. The aggregate principal amount of bonds authorized to be issued pursuant to this section shall not exceed [two] THREE billion [eight] SIX hundred [eighty-eight] FIFTY-THREE 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, regional infrastructure projects, A COMMERCIALIZATION CENTER IN CHAUTAUQUA COUN- TY, AN INDUSTRIAL SCALE RESEARCH AND DEVELOPMENT FACILITY IN CLINTON COUNTY, UPSTATE REVITALIZATION INITIATIVE PROJECTS, MARKET NEW YORK PROJECTS, and other state costs associated with such projects, the director of the budget is hereby authorized to enter into one or more service contracts with the dormitory authority and the corporation, none of which shall exceed thirty years in 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. 6405 108 A. 9005 S 36. Subdivision 3 of section 1285-p of the public authorities law, as amended by section 33 of part I of chapter 60 of the laws of 2015, is amended to read as follows: 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] TWO billion [seven hundred seventy-five] EIGHT million [seven] TWO hundred sixty thousand dollars, exclusive of bonds issued to fund any debt service reserve funds, pay costs of issuance 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 37. 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 34 of part I of chapter 60 of the laws of 2015, 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 [$440,000,000] $550,000,000, 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 38. 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 35 of part I of chapter 60 of the laws of 2015, 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 S. 6405 109 A. 9005 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 [$469,800,000] $509,600,000, excluding bonds issued to fund one or more debt service reserve funds, to pay costs of issuance of such bonds, and bonds or notes issued to refund or otherwise repay such bonds or notes previously issued, for the purpose of financing improvements to State office buildings and other facilities located statewide, including the reimbursement of any disbursements made from the state capital projects fund. Such bonds and notes of the corporation shall not be a debt of the state, and the state shall not be liable thereon, nor shall they be payable out of any funds other than those appropriated by the state to the corporation for debt service and related expenses pursuant to any service contracts executed pursuant to subdivision (b) of this section, and such bonds and notes shall contain on the face thereof a statement to such effect. S 39. Subdivision 1 of section 386-b of the public authorities law, as amended by section 36 of part I of chapter 60 of the laws of 2015, 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] TWO billion [six hundred ninety] SEVEN HUNDRED TWENTY-FIVE million dollars [$1,690,000,000] $2,725,000,000, 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 authori- ty, 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 40. Paragraph (c) of subdivision 19 of section 1680 of the public authorities law, as amended by section 37 of part I of chapter 60 of the laws of 2015, 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 eleven billion [two] SIX hundred [twenty-eight] THREE million dollars; provided, however, that bonds issued or to be issued shall be excluded from such limitation if: (1) such bonds are issued to refund state university construction bonds and state university construction notes previously issued by the housing finance agency; or (2) such bonds S. 6405 110 A. 9005 are issued to refund bonds of the authority or other obligations issued for state university educational facilities purposes and the present value of the aggregate debt service on the refunding bonds does not exceed the present value of the aggregate debt service on the bonds refunded thereby; provided, further that upon certification by the director of the budget that the issuance of refunding bonds or other obligations issued between April first, nineteen hundred ninety-two and March thirty-first, nineteen hundred ninety-three will generate long term economic benefits to the state, as assessed on a present value basis, such issuance will be deemed to have met the present value test noted above. For purposes of this subdivision, the present value of the aggregate debt service of the refunding bonds and the aggregate debt service of the bonds refunded, shall be calculated by utilizing the true interest cost of the refunding bonds, which shall be that rate arrived at by doubling the semi-annual interest rate (compounded semi-annually) necessary to discount the debt service payments on the refunding bonds from the payment dates thereof to the date of issue of the refunding bonds to the purchase price of the refunding bonds, including interest accrued thereon prior to the issuance thereof. The maturity of such bonds, other than bonds issued to refund outstanding bonds, shall not exceed the weighted average economic life, as certified by the state university construction fund, of the facilities in connection with which the bonds are issued, and in any case not later than the earlier of thirty years or the expiration of the term of any lease, sublease or other agreement relating thereto; provided that no note, including renewals thereof, shall mature later than five years after the date of issuance of such note. The legislature reserves the right to amend or repeal such limit, and the state of New York, the dormitory authority, the state university of New York, and the state university construction fund are prohibited from covenanting or making any other agreements with or for the benefit of bondholders which might in any way affect such right. S 41. Paragraph (c) of subdivision 14 of section 1680 of the public authorities law, as amended by section 38 of part I of chapter 60 of the laws of 2015, 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 S. 6405 111 A. 9005 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 [three] FIVE hundred [ninety-two] FORTY-EIGHT million [seven] FOUR hundred [fifty-three] ELEVEN 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 covenanting or making any other agreements with or for the benefit of bondholders which might in any way affect such right. S 42. Subdivision 10-a of section 1680 of the public authorities law, as amended by section 39 of part I of chapter 60 of the laws of 2015, 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 eight hundred [thir- ty-eight] SIXTY-ONE million four hundred [fifty-eight] FIFTY-FOUR thou- sand 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 43. 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 41 of part I of chapter 60 of the laws of 2015, is amended to read as follows: 1. Subject to the provisions of chapter 59 of the laws of 2000, but notwithstanding the provisions of section 18 of section 1 of chapter 174 of the laws of 1968, the New York state urban development corporation is hereby authorized to issue bonds, notes and other obligations in an aggregate principal amount not to exceed six hundred [eleven] FORTY-SEV- EN million [two hundred fifteen] SIXTY-FIVE thousand dollars [($611,215,000)] ($647,065,000), 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 six hundred [eleven] FORTY-SEVEN million [two hundred fifteen] SIXTY-FIVE thousand dollars [($611,215,000)] ($647,065,000), only if the present value of the aggre- gate debt service of the refunding or repayment bonds, notes or other obligations to be issued shall not exceed the present value of the S. 6405 112 A. 9005 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 obligations, which shall be that rate arrived at by doubling the semi-annual interest rate (compounded semi-annually) necessary to discount the debt service payments on the refunding or repayment bonds, notes or other obligations from the payment dates ther- eof to the date of issue of the refunding or repayment bonds, notes or other obligations and to the price bid including estimated accrued interest or proceeds received by the corporation including estimated accrued interest from the sale thereof. S 44. 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 42 of part I of chapter 60 of the laws of 2015, 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] EIGHT billion [seven hundred twenty-two] TWENTY-ONE 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] EIGHT billion [seven hundred twenty-two] TWENTY-ONE 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 S. 6405 113 A. 9005 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 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 45. 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 43 of part I of chapter 60 of the laws of 2015, 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 [210] 240 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 [210] 240 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 S. 6405 114 A. 9005 code, any interest on bond proceeds shall only be used to pay debt service on such bonds. S 46. Notwithstanding any other provision of law to the contrary, from the taxes, interest and penalties collected or received by the commis- sioner of taxation and finance in respect of the tax imposed by the city of New York pursuant to the authority of section 1210, 1211, 1212 or 1212-A of the tax law,the comptroller shall pay, as directed in writing by the director of the budget, the sum of $16,666,667 on or before the twelfth day of each month from such taxes, penalties and interest collected or received by such commissioner during the previous month to (i) any issuers of state-related debt for the purposes of paying princi- pal, interest, and related expenses, or for retiring or defeasing bonds previously issued, including any accrued interest or other expenses related thereto, for any state-related bonding program or programs, or to (ii) a governmental fund or funds of the state treasury. The comp- troller shall make the first payment to issuers of state-related debt or the government funds on the twelfth day of May, 2016 from the taxes, penalties and interest collected or received during April 2016 and the last payment on or before the twelfth day of April, 2019 from the taxes, penalties and interest collected or received during March 2019. Provided, however, that in no event shall such payments exceed $200,000,000 in any state fiscal year; and provided further that such payments shall not reduce the reasonable costs of such commissioner under paragraph (b) of section 1261 of the tax law. 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, 2016; provided, however, with the exception of item 5 of the miscellaneous category set forth within section two of this act: (a) the provisions of sections one through eight, and sections twelve through twenty of this act shall expire March 31, 2017, when upon such date the provisions of such sections shall be deemed repealed; and (b) the provisions of section forty-six of this act shall expire upon the last payment made by the comptroller pursuant to section forty-six of this act when upon such date the provisions of such section shall be deemed repealed; provided that the state comptroller shall notify the legislative bill drafting commission upon the occurrence of the last payment provided for in section forty-six of this act in order that the commission may maintain an accurate and timely effective database of the official text of the laws of the state of New York in furtherance of effectuating the provisions of section 44 of the legislative law and section 70-b of the public officers law. 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 N of this act shall be as specifically set forth in the last section of such Parts.
2015-S6405A - Details
- See Assembly Version of this Bill:
- A9005
- Law Section:
- Budget Bills
- Laws Affected:
- Amd Various Laws, generally
2015-S6405A - Summary
Enacts into law major components of legislation necessary to implement the state public protection and general government budget for the 2016-2017 state fiscal year; intentionally omitted (Part A); amends 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, in relation to the effectiveness thereof (Part B); amends the tax law, in relation to suspending the transfer of monies into the emergency services revolving loan fund from the public safety communications account (Part C)
2015-S6405A - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ S. 6405--A A. 9005--A S E N A T E - A S S E M B L Y January 14, 2016 ___________ IN SENATE -- A BUDGET BILL, submitted by the Governor pursuant to arti- cle seven of the Constitution -- read twice and ordered printed, and when printed to be committed to the Committee on Finance -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee IN ASSEMBLY -- A BUDGET BILL, submitted by the Governor pursuant to article seven of the Constitution -- read once and referred to the Committee on Ways and Means -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the executive law, in relation to the appointment of an independent special counsel to review matters involving the use of deadly physical force by a police officer; to amend the criminal procedure law, in relation to grand jury reports and proceedings, the district attorney's letter and leave to appeal; to amend the county law, in relation to the appointment of a special district attorney; to amend the penal law, in relation to unlawful grand jury disclosure; to amend the executive law, in relation to establishing a model law enforcement use of force policy and to reporting duties of law enforcement departments with respect to enforcement of certain violations and misdemeanors; and to amend the criminal procedure law, in relation to the contents of an application for a search warrant (Part A); to amend 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, in relation to the effectiveness thereof (Part B); to amend the tax law, in relation to suspending the transfer of monies into the emergency services revolv- ing loan fund from the public safety communications account (Part C); to amend the executive law in relation to transferring certain func- tions to the division of state police from the division of homeland security and emergency services (Part D); to amend chapter 268 of the laws of 1996, amending the education law and the state finance law relating to providing a recruitment incentive and retention program for certain active members of the New York army national guard, New York air national guard, and New York naval militia, in relation to the effectiveness of such chapter (Part E); to amend chapter 83 of the laws of 1995 amending the state finance law and other laws relating to EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted. LBD12670-02-6 S. 6405--A 2 A. 9005--A bonds, notes, and revenues, in relation to making certain provisions permanent; and to amend chapter 1 of the laws of 2005 amending the state finance law relating to restricting contacts in the procurement process and the recording of contacts relating thereto, in relation to making certain provisions permanent (Part F); to amend the workers' compensation law, in relation to the authorization of certain provid- ers, the computation of average weekly wages basis of compensation, penalties of the workers' compensation board, an assumption of work- ers' compensation liability insurance policy and fund for reopened cases financing agreement, the authority to issue aggregate penalties, deposits into the aggregate trust fund, the pooled individual self-in- sured employer fund, workers' compensation board, workers' compen- sation board's designation to review appeals or any review of any orders, authorizations of assessments for annual expenses, payment of claims of affected World Trade Center volunteers and to allow public group self-insured employers to offer alternative coverage; to amend the public authorities law, in relation to the assumption of workers' compensation liability insurance policy, and the dormitory authority's authority to issue bonds to reduce assessments imposed on self-insured employers; to amend the insurance law, in relation to large deductible programs; and to repeal certain provisions of the public authorities law relating thereto (Part G); to amend the workers' compensation law and the insurance law, in relation to provide paid family leave bene- fits; and to repeal sections 223 and 224 of the workers' compensation law, relating to disability benefits (Part H); to amend the public authorities law, in relation to establishing the New York State Design and Construction Corporation act (Part I); to amend the civil service law, in relation to the state's contribution to the cost of health insurance premiums for retirees of the state and their dependents (Part J); to amend the civil service law, in relation to the reimbursement of medicare premium charges (Part K); to amend the civil service law, in relation to the expiration of public arbitration panels (Part L); to amend the state finance law, in relation to the dedicated infrastructure investment fund (Part M); to provide for the administration of certain funds and accounts related to the 2016-17 budget, authorizing certain payments and transfers; to amend the state finance law, in relation to the rainy day reserve fund, the dedicated infrastructure investment fund infrastructure investment account, and the school tax relief fund; to amend the state finance law, in relation to payments, transfers and deposits; to amend the state finance law, in relation to the period for which appropriations can be made; to amend chapter 60 of the laws of 2015, providing for the administration of certain funds and accounts related to the 2015-16 budget, in relation to certain transfers and to the effectiveness of certain provisions thereof; to amend the New York state urban develop- ment 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 hous- ing program bonds and notes; to amend chapter 329 of the laws of 1991, amending the state finance law and other laws relating to the estab- lishment 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 issuance of bonds; to amend the public authorities law, in relation to the dormitory authority; to amend chapter 61 of S. 6405--A 3 A. 9005--A the laws of 2005 relating to 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 the issuance of bonds; to amend the public authorities law, in relation to the state environmental infrastructure 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 implementation of a NY-CUNY chal- lenge grant program; to amend chapter 81 of the laws of 2002, relating to providing for the administration of certain funds and accounts related to the 2002-2003 budget, in relation to increasing the aggre- gate amount of bonds to be issued by the New York state urban develop- ment 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 dormitories at certain educational institutions other than state operated insti- tutions and statutory or contract colleges under the jurisdiction of the state university of New York; 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 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 authorized matching capital grants; to direct the distribution of local sales tax revenue from the city of New York; and providing for the repeal of certain provisions upon expiration thereof (Part N); to amend the public lands law, in relation to state aid on certain state leased or state owned land (Part O); and to amend the real property tax law, in relation to prop- erty tax benefits for anaerobic digestion of agricultural waste (Part P) 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 2016-2017 state fiscal year. Each component is wholly contained within a Part identified as Parts A through P. 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. The executive law is amended by adding a new section 6-a to read as follows: S 6-A. INDEPENDENT SPECIAL COUNSEL. 1. THE GOVERNOR MAY APPOINT AN INDEPENDENT SPECIAL COUNSEL TO REVIEW ANY MATTER INVOLVING CREDIBLE ALLEGATIONS OF THE USE OF DEADLY PHYSICAL FORCE BY A POLICE OFFICER AS DEFINED IN SUBDIVISION THIRTY-FOUR OF SECTION 1.20 OF THE CRIMINAL S. 6405--A 4 A. 9005--A PROCEDURE LAW OR A PEACE OFFICER AS DEFINED IN SUBDIVISION THIRTY-THREE OF SECTION 1.20 OF THE CRIMINAL PROCEDURE LAW, ACTING WITHIN HIS OR HER OFFICIAL POWERS, DUTIES, FUNCTIONS, OR CAPACITY, AND WHERE SUCH DEADLY PHYSICAL FORCE RESULTED IN THE DEATH OF AN UNARMED PERSON, AND (A) AFTER A REVIEW OF THE FACTS OF THE CASE, THE DISTRICT ATTORNEY DECLINES TO PRESENT EVIDENCE TO A GRAND JURY REGARDING SUCH FATALITY; OR (B) AFTER PRESENTATION OF EVIDENCE TO A GRAND JURY REGARDING SUCH FATALITY, THE GRAND JURY DECLINES TO RETURN AN INDICTMENT ON ANY CHARGES AGAINST SUCH POLICE OR PEACE OFFICER. 2. WHERE, AS DESCRIBED IN PARAGRAPH (A) OR PARAGRAPH (B) OF SUBDIVI- SION ONE OF THIS SECTION, THE DISTRICT ATTORNEY DECLINES TO PRESENT EVIDENCE TO A GRAND JURY OR PRESENTS EVIDENCE AND THE GRAND JURY DECLINES TO RETURN AN INDICTMENT, THE DISTRICT ATTORNEY SHALL, WITHIN SIXTY DAYS OF THE OCCURRENCE OF EITHER PARAGRAPH (A) OR PARAGRAPH (B) OF SUBDIVISION ONE OF THIS SECTION, BUT NO MORE THAN SIX MONTHS AFTER THE DATE OF SUCH DEATH OF SUCH UNARMED PERSON AS DESCRIBED IN SUBDIVISION ONE OF THIS SECTION, PROVIDE TO THE INDEPENDENT SPECIAL COUNSEL: (I) ALL EVIDENTIARY MATERIALS GATHERED DURING THE COURSE OF THE INVESTIGATION; (II) WHERE APPLICABLE, THE GRAND JURY MINUTES, INCLUDING THE INSTRUCTIONS TO THE GRAND JURY; (III) WHERE APPLICABLE, THE GRAND JURY EXHIBITS; AND (IV) ANY RECORDS AND ANY OTHER EVIDENCE IN THE POSSESSION, CUSTODY, AND CONTROL OF THE DISTRICT ATTORNEY, INCLUDING BUT NOT LIMITED TO POLICE REPORTS, PHOTOGRAPHS, SCIENTIFIC REPORTS, AUDIO AND VIDEO RECORDINGS, AND PHYSICAL EVIDENCE. 3. IF THE INDEPENDENT SPECIAL COUNSEL, AFTER A REVIEW OF ALL EVIDENTI- ARY AND GRAND JURY MATERIALS AS DESCRIBED IN THIS SECTION, DETERMINES THAT THERE WERE: (A) SUBSTANTIAL ERRORS OF SUCH MAGNITUDE THAT THERE EXISTS A REASONABLE PROBABILITY THAT AN INDICTMENT WOULD HAVE RESULTED BUT FOR THESE ERRORS, AND THAT THE PRESUMPTION OF REGULARITY AFFORDED TO SUCH PROCEEDINGS CAN NO LONGER APPLY; OR (B) THERE EXISTS NEWLY DISCOV- ERED EVIDENCE OF SUCH MAGNITUDE THAT THERE EXISTS A REASONABLE PROBABIL- ITY THAT HAD SUCH EVIDENCE BEEN PRESENTED TO THE GRAND JURY, AN INDICT- MENT WOULD HAVE RESULTED, THEN HE OR SHE SHALL REFER THE MATTER FOR CONSIDERATION OF APPOINTMENT OF A SPECIAL DISTRICT ATTORNEY AS PROVIDED IN SECTION SEVEN HUNDRED-ONE-A OF THE COUNTY LAW. 4. THE EVIDENTIARY AND GRAND JURY MATERIALS PROVIDED TO THE INDEPEND- ENT SPECIAL COUNSEL AS DESCRIBED IN THIS SECTION SHALL REMAIN CONFIDEN- TIAL AND SHALL NOT BE SUBJECT TO DISCLOSURE UNDER ARTICLE SIX OF THE PUBLIC OFFICERS LAW AND, FOR PURPOSES OF THIS ARTICLE, THE RELEASE OF EVIDENTIARY MATERIALS AND GRAND JURY MATERIALS BY THE DISTRICT ATTORNEY TO THE INDEPENDENT SPECIAL COUNSEL SHALL BE CONSIDERED ACTING WITHIN THE SCOPE OF THE LAWFUL DISCHARGE OF THE DISTRICT ATTORNEY'S DUTIES PURSUANT TO PARAGRAPH (A) OF SUBDIVISION FOUR OF SECTION 190.25 OF THE CRIMINAL PROCEDURE LAW, AND THEREFORE NOT UNLAWFUL DISCLOSURE UNDER SECTION 215.70 OF THE PENAL LAW. 5. FOR PURPOSES OF THIS ARTICLE AND PURSUANT TO SUBDIVISION FOUR OF SECTION 190.25 OF THE CRIMINAL PROCEDURE LAW, THE GRAND JURY MATERIALS PROVIDED TO THE INDEPENDENT SPECIAL COUNSEL SHALL REMAIN SECRET, EXCEPT THAT THE INDEPENDENT SPECIAL COUNSEL IS PERMITTED TO DISCLOSE THE EVIDENTIARY AND GRAND JURY MATERIALS TO THE GOVERNOR, OR HIS DESIGNEE AS PART OF A RECOMMENDATION MADE PURSUANT TO SUBDIVISION THREE OF THIS SECTION AND SUCH DISCLOSURE SHALL NOT BE AN UNLAWFUL GRAND JURY DISCLO- SURE UNDER SECTION 215.70 OF THE PENAL LAW. 6. EXCEPT AS OTHERWISE PROVIDED IN THIS SECTION, THE INDEPENDENT SPECIAL COUNSEL, THE GOVERNOR, AND MEMBERS OF THE GOVERNOR'S STAFF MAY NOT FURTHER DISCLOSE ANY OF THE GRAND JURY MATERIALS AS DESCRIBED IN S. 6405--A 5 A. 9005--A THIS SECTION WITH THE EXCEPTION OF THE GRAND JURY INSTRUCTIONS PROVIDED TO THE GRAND JURY, UNLESS AUTHORIZED BY COURT ORDER ISSUED UPON APPLICA- TION, PURSUANT TO SUBDIVISION FOUR OF SECTION 190.25 OF THE CRIMINAL PROCEDURE LAW. FOR THE LIMITED AND EXCLUSIVE PURPOSE OF MAKING SUCH APPLICATION TO DISCLOSE GRAND JURY MATERIAL, THE INDEPENDENT SPECIAL COUNSEL SHALL BE DEEMED A "DISTRICT ATTORNEY." S 2. Subdivision 1 of section 190.85 of the criminal procedure law is amended by adding a new paragraph (d) to read as follows: (D) STATING ITS FINDINGS AFTER INVESTIGATION OF AN INCIDENT INVOLVING THE USE OF DEADLY PHYSICAL FORCE BY A POLICE OFFICER AS DEFINED IN SUBDIVISION THIRTY-FOUR OF SECTION 1.20 OF THE CRIMINAL PROCEDURE LAW OR A PEACE OFFICER AS DEFINED IN SUBDIVISION THIRTY-THREE OF SECTION 1.20 OF THE CRIMINAL PROCEDURE LAW, ACTING WITHIN HIS OR HER OFFICIAL POWERS, DUTIES, FUNCTIONS, OR CAPACITY, AND WHERE SUCH DEADLY PHYSICAL FORCE RESULTED IN THE DEATH OF AN UNARMED PERSON. THE REPORT CREATED PURSUANT TO THIS PARAGRAPH SHALL INCLUDE, BUT NOT BE LIMITED TO, THE CHARGES PRESENTED, THE LEGAL INSTRUCTIONS, AND A SUMMARY OF THE EVIDENCE PRESENTED, PROVIDED THAT ALL NAMES AND IDENTIFYING INFORMATION ARE REDACTED FROM SUCH REPORT. S 3. The criminal procedure law is amended by adding a new section 190.86 to read as follows: S 190.86 DISTRICT ATTORNEY LETTER. 1. AFTER AN INVESTIGATION OF AN INCIDENT INVOLVING A POLICE OFFICER AS DEFINED IN SUBDIVISION THIRTY-FOUR OF SECTION 1.20 OF THIS CHAPTER OR A PEACE OFFICER AS DEFINED IN SUBDIVISION THIRTY-THREE OF SECTION 1.20 OF THIS CHAPTER, ACTING WITHIN HIS OR HER OFFICIAL POWERS, DUTIES, FUNC- TIONS, OR CAPACITY CONCERNING ACTS THAT INCLUDE THE USE OF DEADLY PHYS- ICAL FORCE AGAINST AN UNARMED PERSON, AND SUCH ENCOUNTER RESULTED IN THE DEATH OF SUCH UNARMED PERSON, AND WHEN A GRAND JURY DECLINES TO RETURN AN INDICTMENT ON ANY CHARGES AGAINST SUCH POLICE OR PEACE OFFICER REGARDING SUCH DEATH, IN LIEU OF THE ISSUANCE OF A GRAND JURY REPORT AS SET FORTH IN PARAGRAPH (D) OF SUBDIVISION ONE OF SECTION 190.85 OF THIS ARTICLE, THE DISTRICT ATTORNEY MAY ISSUE A LETTER TO THE PUBLIC, WITH A COPY TO THE GOVERNOR, AND TO THE COMMISSIONER, CHIEF, OR THE EQUIVALENT COMMANDING OFFICER OF THE DEPARTMENT OR AGENCY EMPLOYING THE POLICE OR PEACE OFFICERS INVOLVED. IN SUCH LETTER, THE DISTRICT ATTORNEY MAY EXPLAIN THE FACTS OF THE CASE AND MAY ALSO MAKE RECOMMENDATIONS BASED UPON THE RESULTS OF THE GRAND JURY'S INVESTIGATION. 2. WHEN THE DISTRICT ATTORNEY ELECTS NOT TO PRESENT SUCH A MATTER AS DESCRIBED IN SUBDIVISION ONE OF THIS SECTION TO A GRAND JURY, THE DISTRICT ATTORNEY MAY ISSUE A LETTER TO THE PUBLIC, WITH A COPY TO THE GOVERNOR, AND TO THE COMMISSIONER, CHIEF, OR THE EQUIVALENT COMMANDING OFFICER OF THE DEPARTMENT OR AGENCY EMPLOYING THE POLICE OR PEACE OFFI- CERS INVOLVED. IN SUCH LETTER, THE DISTRICT ATTORNEY MAY EXPLAIN THE FACTS OF THE CASE, THE REASONING FOR NOT PRESENTING THE CASE TO A GRAND JURY, AND MAY ALSO MAKE APPROPRIATE RECOMMENDATIONS. 3. FOR PURPOSES OF THIS ARTICLE, THE RELEASE OF SUCH A LETTER BY THE DISTRICT ATTORNEY IN LIEU OF A GRAND JURY REPORT SHALL BE CONSIDERED ACTING WITHIN THE DISTRICT ATTORNEY'S OFFICIAL DUTIES AND THEREFORE NOT UNLAWFUL DISCLOSURE UNDER SECTION 215.70 OF THE PENAL LAW. S 4. Subdivision 4 of section 190.25 of the criminal procedure law is amended by adding two new paragraphs (c) and (d) to read as follows: (C) AFTER PRESENTATION OF EVIDENCE TO A GRAND JURY INVOLVING THE USE OF DEADLY PHYSICAL FORCE BY A POLICE OFFICER AS DEFINED IN SUBDIVISION THIRTY-FOUR OF SECTION 1.20 OF THE CRIMINAL PROCEDURE LAW OR A PEACE OFFICER AS DEFINED IN SUBDIVISION THIRTY-THREE OF SECTION 1.20 OF THE S. 6405--A 6 A. 9005--A CRIMINAL PROCEDURE LAW, ACTING WITHIN HIS OR HER OFFICIAL POWERS, DUTIES, FUNCTIONS, OR CAPACITY, AND WHERE SUCH DEADLY PHYSICAL FORCE RESULTED IN THE DEATH OF AN UNARMED PERSON, AND SUCH GRAND JURY DECLINES TO RETURN AN INDICTMENT TO ANY CHARGES AGAINST SUCH ON-DUTY POLICE OR PEACE OFFICER WITH RESPECT TO SUCH DEATH, A DISTRICT ATTORNEY IS AUTHOR- IZED TO PROVIDE GRAND JURY TESTIMONY, EVIDENCE, EXHIBITS AND THE LEGAL INSTRUCTIONS TO THE INDEPENDENT SPECIAL COUNSEL, AS DEFINED IN SECTION SIX-A OF THE EXECUTIVE LAW, WITHIN SIXTY DAYS OF THE COMPLETION OF ALL GRAND JURY ACTION IN SUCH MATTER, INCLUDING THE ISSUANCE OF A GRAND JURY REPORT PURSUANT TO PARAGRAPH (D) OF SUBDIVISION ONE OF SECTION 190.85 OF THIS ARTICLE. (D) THE GRAND JURY MATERIALS PROVIDED TO THE INDEPENDENT SPECIAL COUN- SEL, PURSUANT TO PARAGRAPH (C) OF THIS SUBDIVISION, SHALL REMAIN SECRET, PURSUANT TO THE PROVISIONS OF THIS SECTION, EXCEPT THAT THE INDEPENDENT SPECIAL COUNSEL IS PERMITTED TO DISCLOSE THE GRAND JURY MATERIALS TO THE GOVERNOR AND THE GOVERNOR'S STAFF AS PART OF A RECOMMENDATION MADE PURSUANT TO SECTION SIX-A OF THE EXECUTIVE LAW AND THEREFORE, SUCH DISCLOSURE SHALL NOT BE AN UNLAWFUL GRAND JURY DISCLOSURE UNDER SECTION 215.70 OF THE PENAL LAW. THE INDEPENDENT SPECIAL COUNSEL, THE GOVERNOR, AND MEMBERS OF THE GOVERNOR'S STAFF MAY NOT DISCLOSE ANY GRAND JURY MATERIAL, EXCEPT AS AUTHORIZED BY COURT ORDER ISSUED UPON APPLICATION PURSUANT TO THIS SECTION, WITH THE EXCEPTION OF THE LEGAL INSTRUCTIONS PROVIDED TO THE GRAND JURY WHICH HEARD EVIDENCE, AS PROVIDED IN SUBDIVI- SION SIX OF SECTION SIX-A OF THE EXECUTIVE LAW. THE LEGAL INSTRUCTIONS MAY BE MADE PUBLIC PROVIDED THAT ALL NAMES AND IDENTIFYING INFORMATION ARE REDACTED. FOR THE LIMITED AND EXCLUSIVE PURPOSE OF MAKING SUCH APPLICATION, THE INDEPENDENT SPECIAL COUNSEL SHALL BE DEEMED A "DISTRICT ATTORNEY." GRAND JURY MATERIAL PROVIDED TO THE INDEPENDENT SPECIAL COUN- SEL SHALL REMAIN CONFIDENTIAL AND SHALL NOT BE SUBJECT TO DISCLOSURE UNDER ARTICLE SIX OF THE PUBLIC OFFICERS LAW. S 5. The county law is amended by adding a new section 701-a to read as follows: S 701-A. SPECIAL DISTRICT ATTORNEY. NOTWITHSTANDING ANY OTHER LAW TO THE CONTRARY, WHENEVER CREDIBLE ALLEGATIONS OF THE USE OF DEADLY PHYS- ICAL FORCE BY A POLICE OFFICER AS DEFINED IN SUBDIVISION THIRTY-FOUR OF SECTION 1.20 OF THE CRIMINAL PROCEDURE LAW OR A PEACE OFFICER AS DEFINED IN SUBDIVISION THIRTY-THREE OF SECTION 1.20 OF THE CRIMINAL PROCEDURE LAW, ACTING WITHIN HIS OR HER OFFICIAL POWERS, DUTIES, FUNCTIONS, OR CAPACITY, AND WHERE SUCH DEADLY PHYSICAL FORCE RESULTED IN THE DEATH OF AN UNARMED PERSON, ARE RECEIVED BY THE GOVERNOR, OR HIS DESIGNEE PURSU- ANT TO SECTION SIX-A OF THE EXECUTIVE LAW, THE GOVERNOR SHALL HAVE THE AUTHORITY TO APPOINT A SPECIAL DISTRICT ATTORNEY TO INVESTIGATE THE ALLEGATIONS AND, WHERE APPROPRIATE, PROSECUTE THE CASE. SUCH SPECIAL DISTRICT ATTORNEY SHALL BE AN ATTORNEY AT LAW RESIDING WITHIN THE STATE. 2. THE SPECIAL DISTRICT ATTORNEY SHALL POSSESS AND EXERCISE ALL THE POWERS AND PERFORM ALL THE DUTIES IN RESPECT OF SUCH ACTIONS OR PROCEEDINGS, WHICH THE DISTRICT ATTORNEY IS AUTHORIZED OR REQUIRED TO EXERCISE OR PERFORM. THE SPECIAL DISTRICT ATTORNEY SHALL BE PROVIDED BY THE DISTRICT ATTORNEY AND/OR THE SPECIAL INDEPENDENT COUNSEL AS DEFINED IN SUBDIVISION ONE OF SECTION SIX-A OF THE EXECUTIVE LAW, ALL EVIDENTI- ARY MATERIALS AS SET FORTH IN SUBDIVISION TWO OF SECTION SIX-A OF THE EXECUTIVE LAW. S 6. Section 230.20 of the criminal procedure law is amended by adding a new subdivision 5 to read as follows: 5. ANY PARTY AGGRIEVED BY AN ORDER OF THE APPELLATE DIVISION CONCERN- ING A MOTION MADE PURSUANT TO SUBDIVISION TWO OF THIS SECTION MAY SEEK S. 6405--A 7 A. 9005--A LEAVE TO APPEAL FROM SUCH ORDER TO THE COURT OF APPEALS, PURSUANT TO SUBDIVISION THREE OF SECTION 450.90 OF THIS CHAPTER. S 7. Section 450.90 of the criminal procedure law is amended by adding a new subdivision 3 to read as follows: 3. PROVIDED THAT A CERTIFICATE GRANTING LEAVE TO APPEAL IS ISSUED PURSUANT TO SECTION 460.20 OF THIS TITLE, AN APPEAL MAY BE TAKEN TO THE COURT OF APPEALS BY ANY PARTY AGGRIEVED BY AN ORDER OF THE APPELLATE DIVISION CONCERNING A MOTION MADE PURSUANT TO SUBDIVISION TWO OF SECTION 230.20 OF THIS CHAPTER. UPON THE REQUEST OF EITHER PARTY, THE HEARING AND DETERMINATION OF AN APPEAL GRANTED PURSUANT TO THIS SUBDIVISION SHALL BE CONDUCTED IN AN EXPEDITIOUS MANNER. THE CHIEF ADMINISTRATOR OF THE COURTS, WITH THE ADVICE AND CONSENT OF THE ADMINISTRATIVE BOARD OF THE COURTS, SHALL ADOPT RULES FOR THE EXPEDITIOUS BRIEFING, HEARING AND DETERMINATION OF SUCH APPEALS. S 8. Section 215.70 of the penal law, as amended by chapter 843 of the laws of 1980, is amended to read as follows: S 215.70 Unlawful grand jury disclosure. A person is guilty of unlawful grand jury disclosure when, being a grand juror, a public prosecutor, a grand jury stenographer, a grand jury interpreter, a police officer or a peace officer guarding a witness in a grand jury proceeding, or a clerk, attendant, warden or other public servant having official duties in or about a grand jury room or proceeding, or a public officer or public employee, OR INDEPENDENT SPECIAL COUNSEL, AS DEFINED IN SUBDIVISION ONE OF SECTION SIX-A OF THE EXECUTIVE LAW, OR ANYONE TO WHOM THE INDEPENDENT SPECIAL COUNSEL DISCLOSES GRAND JURY MATERIAL PURSUANT TO PARAGRAPH (D) OF SUBDIVISION FOUR OF SECTION 190.25 OF THE CRIMINAL PROCEDURE LAW, he OR SHE inten- tionally discloses to another the nature or substance of any grand jury testimony, or any decision, result or other matter attending a grand jury proceeding which is required by law to be kept secret, except in the proper discharge of his OR HER official duties or upon written order of the court. Nothing contained herein shall prohibit a witness from disclosing his OR HER own testimony. Unlawful grand jury disclosure is a class E felony. S 9. Subdivision 4 of section 840 of the executive law is amended by adding a new paragraph (c) to read as follows: (C) AS APPROPRIATE, REVIEW AND UPDATE ITS MODEL LAW ENFORCEMENT USE OF FORCE POLICY SUITABLE FOR ADOPTION BY ANY LAW ENFORCEMENT AGENCY THROUGHOUT THE STATE. THE MOST CURRENT VERSION OF SUCH POLICY SHALL BE FILED WITH THE DIVISION OF CRIMINAL JUSTICE SERVICES. THE CHIEF OF EVERY LOCAL POLICE DEPARTMENT, EACH COUNTY SHERIFF, AND THE SUPERINTEN- DENT OF STATE POLICE MUST IMPLEMENT A USE OF FORCE POLICY. THE USE OF FORCE POLICY SHALL PROVIDE COMPREHENSIVE GUIDANCE TO LAW ENFORCEMENT OFFICERS ON THE PROPER USE OF FORCE, CONSISTENT WITH CURRENT LAW, AS IT RELATES TO THE USE OF FORCE WHILE ACTING WITHIN HIS OR HER OFFICIAL POWERS, DUTIES OR FUNCTIONS. THE USE OF FORCE POLICY SHOULD BE CONSIST- ENT WITH THE MODEL LAW ENFORCEMENT POLICY AS REQUIRED BY THIS SECTION EXCEPT THAT A DEPARTMENT SHALL NOT BE LIMITED FROM IMPOSING FURTHER RESTRICTIONS OR ADDITIONAL GUIDANCE ON THE PROPER USE OF FORCE. S 10. The executive law is amended by adding a new section 837-s to read as follows: S 837-S. REPORTING DUTIES OF LAW ENFORCEMENT DEPARTMENTS WITH RESPECT TO ENFORCEMENT OF CERTAIN VIOLATIONS AND MISDEMEANORS. 1. THE CHIEF OF EVERY POLICE DEPARTMENT, EACH COUNTY SHERIFF, AND THE SUPERINTENDENT OF STATE POLICE SHALL REPORT, ANNUALLY, TO THE DIVISION THE TOTAL NUMBER OF ARRESTS MADE OR APPEARANCE TICKETS OR SUMMONSES ISSUED BY A LAW ENFORCE- S. 6405--A 8 A. 9005--A MENT OFFICER FOR OFFENSES WHICH DO NOT REQUIRE THE TAKING OF FINGER- PRINTS PURSUANT TO SUBDIVISION ONE OF SECTION 160.10 OF THE CRIMINAL PROCEDURE LAW. SUCH REPORTS SHALL BE IN THE FORM AND MANNER PRESCRIBED BY THE DIVISION AND SHALL CONTAIN SUCH INFORMATION AS THE DIVISION DEEMS NECESSARY INCLUDING, BUT NOT LIMITED TO, THE AGE, SEX, RACE AND ETHNICI- TY OF THE PERSON ARRESTED OR TO WHOM AN APPEARANCE TICKET WAS ISSUED. 2. THE CHIEF OF EVERY POLICE DEPARTMENT, EACH COUNTY SHERIFF, AND THE SUPERINTENDENT OF STATE POLICE SHALL REPORT TO THE DIVISION ANY ARREST- RELATED DEATH IN THE FORM AND MANNER PRESCRIBED BY THE DIVISION. AN ARREST-RELATED DEATH IS A DEATH WHICH OCCURS DURING LAW ENFORCEMENT CUSTODY OR AN ATTEMPT TO ESTABLISH CUSTODY INCLUDING, BUT NOT LIMITED TO, DEATHS CAUSED BY ANY USE OF FORCE. S 11. Subdivision 3 of section 690.35 of the criminal procedure law is amended by adding a new paragraph (f) to read as follows: (F) A STATEMENT WHETHER THE APPLICATION FOR THE WARRANT HAD BEEN PREVIOUSLY SUBMITTED TO ANOTHER JUDGE, AND IF SO, THE STATEMENT MUST INCLUDE THE NAME OF THE JUDGE OR JUDGES TO WHOM THE APPLICATION WAS PREVIOUSLY SUBMITTED, THE RESULT OF SUCH APPLICATION OR APPLICATIONS, AND WHEN SUCH APPLICATION OR APPLICATIONS WERE MADE. S 12. Severability clause. If any clause, sentence, paragraph, subdi- vision, 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 13. This act shall take effect on the thirtieth day after it shall have become a law and shall apply only to acts that occurred on or after such effective date, except that section one of this act shall remain in effect until the expiration of the term of the fifty-sixth governor of New York State and that section eleven of this act shall take effect on the one hundred eightieth day after it shall have become a law. PART B Section 1. Section 2 of part H of chapter 503 of the laws of 2009, relating to the disposition of monies recovered by county district attorneys before the filing of an accusatory instrument, as amended by section 25 of part B of chapter 55 of the laws of 2015, 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, [2016] 2017, when it shall expire and be deemed repealed. S 2. This act shall take effect immediately and shall be deemed to have been in full force and effect on and after March 31, 2016. PART C Section 1. Paragraph (b) of subdivision 6 of section 186-f of the tax law, as amended by section 1 of part D of chapter 55 of the laws of 2014, is amended to read as follows: (b) The sum of one million five hundred thousand dollars must be deposited into the New York state emergency services revolving loan fund annually; provided, however, that such sums shall not be deposited for S. 6405--A 9 A. 9005--A state fiscal years two thousand eleven--two thousand twelve, two thou- sand twelve--two thousand thirteen, two thousand fourteen--two thousand fifteen [and], two thousand fifteen--two thousand sixteen, TWO THOUSAND SIXTEEN--TWO THOUSAND SEVENTEEN AND TWO THOUSAND SEVENTEEN--TWO THOUSAND EIGHTEEN; S 2. This act shall take effect immediately. PART D Section 1. Notwithstanding any law to the contrary, the responsibil- ities, duties and functions, pursuant to subdivision 2 of section 70 of the civil service law, of the intelligence and analysis unit of the office of counterterrorism within the division of homeland security and emergency services shall be transferred to the division of state police. S 2. Paragraphs (f) and (g) of subdivision 2 of section 709 of the executive law, as amended by section 14 of part B of chapter 56 of the laws of 2010, are amended to read as follows: (f) coordinate state resources for the collection and analysis of information relating to [terrorist threats and terrorist activities and other] natural and man-made disasters throughout the state subject to any applicable laws, rules, or regulations; (g) coordinate and facilitate information sharing among local, state, and federal [law enforcement] agencies to ensure appropriate intelli- gence to assist in the early identification of and response to [poten- tial terrorist activities and other] natural and man-made disasters, subject to any applicable laws, rules, or regulations governing the release, disclosure or sharing of any such information; S 3. Section 709-a of the executive law, as added by section 15-a of part B of chapter 56 of the laws of 2010, is amended to read as follows: S 709-a. Office of counterterrorism. The office of counterterrorism shall develop and analyze the state's policies, protocols and strategies relating to the prevention and detection of terrorist acts and terrorist threats. The office shall also be responsible for [the collection, anal- ysis and sharing of information relating to terrorist threats and terrorist activities throughout the state;] coordinating strategies, protocols and first responder equipment needs to detect a biological, chemical or radiological terrorist act or threat; working with private entities and local, state and federal agencies to conduct assessments of the vulnerability of critical infrastructure to terrorist attack; and consulting with appropriate state and local governments and private entities to facilitate and foster cooperation to better prepare the state to prevent and detect threats and acts of terrorism. S 4. 1. Transfer of records. Upon the transfer of functions, pursuant to section 1 of this act, the division of homeland security and emergen- cy services shall deliver to the division of state police, all pertinent books, papers, records and property. 2. Existing rights and remedies preserved. No existing right or remedy of any character shall be lost, impaired or affected by reason of this act. 3. Pending actions and proceedings. No action or proceeding pending at the time when this act shall take effect, brought by or against the division of homeland security and emergency services relating to the function, power or duty transferred to or devolved upon the division of state police shall be affected by this act, but the same may be prose- cuted or defended in the name of the division of state police and upon S. 6405--A 10 A. 9005--A the application to the court, the division of state police shall be substituted as a party. 4. Completion of unfinished business. Any business or other matter undertaken or commenced by the division of homeland security and emer- gency services pertaining to or connected with the functions, powers, obligations and duties transferred and assigned to the division of state police, pending on the effective date of this act, may be conducted and completed by the division of state police in the same manner and under the same terms and conditions and with the same effect as if conducted and completed by the division of homeland security and emergency services. S 5. This act shall take effect immediately. PART E Section 1. Section 5 of chapter 268 of the laws of 1996, amending the education law and the state finance law relating to providing a recruit- ment incentive and retention program for certain active members of the New York army national guard, New York air national guard, and New York naval militia, as amended by section 24 of part A of chapter 57 of the laws of 2011, is amended to read as follows: S 5. This act shall take effect January 1, 1997 and shall expire and be deemed repealed September 1, [2016] 2021; provided that any person who has begun to receive the benefits of this act prior to its expira- tion and repeal shall be entitled to continue to receive the benefits of this act after its expiration and repeal until completion of a baccalau- reate degree or cessation of status as an active member, whichever occurs first. S 2. This act shall take effect immediately. PART F Section 1. Subdivision 5 of section 362 of the chapter 83 of the laws of 1995 amending the state finance law and other laws relating to bonds, notes and revenues, as amended by section 37 of part L of chapter 55 of the laws of 2012, is amended to read as follows: 5. Sections thirty-one through forty-two of this act shall take effect on the thirtieth day after it shall have become a law and shall be deemed to have been in full force and effect on and after April 1, 1995[; provided that section 163 of the state finance law, as added by section thirty-three of this act shall remain in full force and effect until June 30, 2016 at which time it shall expire and be deemed repealed. Contracts executed prior to the expiration of such section 163 shall remain in full force and effect until the expiration of any such contract notwithstanding the expiration of certain provisions of this act]. S 2. Section 16 of chapter 1 of the laws of 2005, amending the state finance law relating to restricting contacts in the procurement process and the recording of contacts relating thereto, as amended by chapter 62 of the laws of 2014, is amended to read as follows: S 16. This act shall take effect immediately; provided, however, that sections one, six, eight, nine, ten, eleven and fifteen of this act shall take effect January 1, 2006; and provided, however, the amendments to paragraph f of subdivision 9 of section 163 of the state finance law made by section fifteen of this act shall not affect the repeal of such section and shall be deemed repealed therewith; provided, further, that S. 6405--A 11 A. 9005--A the amendments to article 1-A of the legislative law, made by this act, shall not affect the repeal of such article pursuant to chapter 2 of the laws of 1999, as amended, and shall be deemed repealed therewith; provided, further, that sections thirteen and fourteen of this act shall take effect January 1, 2006 [and shall be deemed repealed July 31, 2016]; provided, further, that effective immediately, the advisory coun- cil on procurement lobbying created pursuant to section twelve of this act shall be constituted no later than sixty days following the effec- tive date of this act, provided that effective sixty days following the effective date of this act, the advisory council on procurement lobbying shall be authorized to establish model guidelines and to add, amend and/or repeal any rules or regulations necessary for the implementation of its duties under sections twelve and thirteen of this act, and the advisory council authorized to make and complete such model guidelines on or before the effective date of section thirteen of this act; provided, further, that procurement contracts for which bid solicita- tions have been issued prior to the effective date of this act shall be awarded pursuant to the provisions of law in effect at the time of issu- ance. S 3. This act shall take effect immediately and shall be deemed to have been in full force and effect on and after April 1, 2016. PART G Section 1. Section 13-b of the workers' compensation law, as amended by chapter 1068 of the laws of 1960, the section heading and subdivi- sions 1 and 2 as amended by chapter 473 of the laws of 2000, and subdi- vision 3 as amended by section 85 of part A of chapter 58 of the laws of 2010, is amended to read as follows: S 13-b. Authorization of [physicians] PROVIDERS, medical bureaus and laboratories by the chair. 1. [Upon the recommendation of the medical society of the county in which the physician's office is located or of a board designated by such county society or of a board representing duly licensed physicians of any other school of medical practice in such county, the chair may authorize physicians licensed to practice medicine in the state of New York to render medical care under this chapter and to perform independent medical examinations in accordance with subdivi- sion four of section thirteen-a of this article. If, within sixty days after the chair requests such recommendations the medical society of such county or board fails to act, or if there is no such society in such county, the chair shall designate a board of three outstanding physicians, who shall make the requisite recommendations. No such authorization shall be made in the absence of a recommendation of the appropriate society or board or of a review and recommendation by the medical appeals unit. No person shall render medical care or conduct independent medical examinations under this chapter without such author- ization by the chair, provided, that:] AS USED IN THIS CHAPTER, THE FOLLOWING DEFINITIONS SHALL HAVE THE FOLLOWING MEANINGS UNLESS THEIR CONTEXT REQUIRES OTHERWISE: (A) "ACUPUNCTURIST" SHALL MEAN LICENSED AS HAVING COMPLETED A FORMAL COURSE OF STUDY AND HAVING PASSED AN EXAMINATION IN ACCORDANCE WITH THE EDUCATION LAW, THE REGULATIONS OF THE COMMISSIONER OF EDUCATION, AND THE REQUIREMENTS OF THE BOARD OF REGENTS. ACUPUNCTURISTS ARE REQUIRED BY THE EDUCATION LAW TO ADVISE, IN WRITING, EACH PATIENT OF THE REQUIREMENT THAT HE OR SHE CONSULT WITH A PHYSICIAN FOR THE CONDITION OR CONDITIONS NECESSITATING ACUPUNCTURE CARE, AS PRESCRIBED BY SUCH LAW. S. 6405--A 12 A. 9005--A (B) "AUTHORIZATION AGREEMENT" SHALL MEAN AN AGREEMENT BETWEEN THE CHAIR AND THE PROVIDER SIGNED BY THE PROVIDER DESIROUS OF RENDERING HEALTH CARE AND/OR TREATMENT TO A CLAIMANT OR CLAIMANTS INJURED IN THE COURSE OF THEIR EMPLOYMENT AND/OR TO CONDUCT INDEPENDENT MEDICAL EXAM- INATIONS. (C) "CHAIR" OF THE BOARD SHALL MEAN EITHER THE CHAIR OR THE CHAIR'S DESIGNEE. (D) "CHIROPRACTOR" SHALL MEAN LICENSED AND HAVING COMPLETED TWO YEARS OF PREPROFESSIONAL COLLEGE STUDY AND A FOUR-YEAR RESIDENT PROGRAM IN CHIROPRACTIC IN ACCORDANCE WITH THE EDUCATION LAW, AND CONSISTENT WITH THE LICENSING REQUIREMENTS OF THE COMMISSIONER OF EDUCATION. (E) "NURSE PRACTITIONER" SHALL MEAN A LICENSED PROFESSIONAL NURSE CERTIFIED BY A NATIONAL CERTIFYING BODY AS HAVING COMPLETED THE REQUIRED EDUCATIONAL PROGRAM IN ACCORDANCE WITH THE EDUCATION LAW AND THE REGU- LATIONS OF THE COMMISSIONER OF EDUCATION. (F) "OCCUPATIONAL THERAPIST" SHALL MEAN DULY LICENSED AS HAVING A BACHELOR'S OR MASTER'S DEGREE IN OCCUPATIONAL THERAPY FROM A REGISTERED PROGRAM WITH THE EDUCATION DEPARTMENT OR RECEIPT OF A DIPLOMA OR DEGREE RESULTING FROM COMPLETION OF NOT LESS THAN FOUR YEARS OF POSTSECONDARY STUDY, WHICH INCLUDES THE PROFESSIONAL STUDY OF OCCUPATIONAL THERAPY IN ACCORDANCE WITH THE EDUCATION LAW AND THE REGULATIONS OF THE COMMISSION- ER OF EDUCATION. (G) "PHYSICAL THERAPIST" SHALL MEAN LICENSED IN PHYSICAL THERAPY IN ACCORDANCE WITH THE EDUCATION LAW AND THE LICENSING REQUIREMENTS OF THE COMMISSIONER OF EDUCATION. (H) "PHYSICIAN" SHALL MEAN LICENSED WITH A DEGREE OF DOCTOR OF MEDI- CINE, M.D., OR DOCTOR OF OSTEOPATHY, D.O., OR AN EQUIVALENT DEGREE IN ACCORDANCE WITH THE EDUCATION LAW AND THE LICENSING REQUIREMENTS OF THE STATE BOARD OF MEDICINE AND THE REGULATIONS OF THE COMMISSIONER OF EDUCATION. (I) "PHYSICIANS' ASSISTANT" SHALL MEAN A LICENSED PROVIDER WHO HAS GRADUATED FROM A TWO-TO-FOUR YEAR STATE-APPROVED PHYSICIANS' ASSISTANT PROGRAM, HAS PASSED A LICENSING EXAMINATION, AND WHOSE ACTIONS AND DUTIES ARE WITHIN THE SCOPE OF PRACTICE OF THE SUPERVISING PHYSICIAN, IN ACCORDANCE WITH THE EDUCATION LAW AND THE REGULATIONS OF THE COMMISSION- ER OF EDUCATION. (J) "PODIATRIST" SHALL MEAN LICENSED AS HAVING RECEIVED A DOCTORAL DEGREE IN PODIATRY IN ACCORDANCE WITH THE REGULATIONS OF THE COMMISSION- ER OF EDUCATION AND THE EDUCATION LAW, AND MUST SATISFACTORILY MEET ALL OTHER REQUIREMENTS OF THE STATE BOARD FOR PODIATRY. (K) "PROVIDER" SHALL MEAN A DULY LICENSED ACUPUNCTURIST, CHIROPRACTOR, INDEPENDENT MEDICAL EXAMINER, NURSE PRACTITIONER, PHYSICAL THERAPIST, PHYSICIAN, PHYSICIANS' ASSISTANT, PODIATRIST, PSYCHOLOGIST, OR SOCIAL WORKER SUBJECT TO AN AUTHORIZATION AGREEMENT. (L) "PSYCHOLOGIST" SHALL MEAN LICENSED AS HAVING RECEIVED A DOCTORAL DEGREE IN PSYCHOLOGY FROM A PROGRAM OF PSYCHOLOGY REGISTERED WITH THE DEPARTMENT OF EDUCATION OR THE SUBSTANTIAL EQUIVALENT THEREOF IN ACCORD- ANCE WITH THE EDUCATION LAW, THE REQUIREMENTS OF THE STATE BOARD FOR PSYCHOLOGY, AND THE REGULATIONS OF THE COMMISSIONER OF EDUCATION. (M) "SOCIAL WORKER" SHALL MEAN LICENSED CLINICAL SOCIAL WORKER. A LICENSED CLINICAL SOCIAL WORKER HAS COMPLETED A MASTER'S OF SOCIAL WORK THAT INCLUDES COMPLETION OF A CORE CURRICULUM OF AT LEAST TWELVE CREDIT HOURS OF CLINICAL COURSES OR THE EQUIVALENT POST-GRADUATE CLINICAL COURSEWORK, IN ACCORDANCE WITH THE EDUCATION LAW AND THE COMMISSIONER OF EDUCATION. S. 6405--A 13 A. 9005--A [(a)] 2. Any [physician] PROVIDER licensed [to practice medicine] PURSUANT TO THE EDUCATION LAW TO PROVIDE HEALTH CARE AND TREATMENT in the state of New York may render emergency [medical] care AND TREATMENT IN AN EMERGENCY HOSPITAL OR URGENT CARE SETTING PROVIDING EMERGENCY TREATMENT under this chapter without authorization by the chair under this section; [and] [(b) A] (A) SUCH licensed [physician] PROVIDER AS IDENTIFIED IN THE OPENING PARAGRAPH OF THIS SUBDIVISION who is [a member of a constituted medical staff of any hospital] ON STAFF AT ANY HOSPITAL OR URGENT CARE CENTER PROVIDING EMERGENCY TREATMENT may [render] CONTINUE SUCH [medical] HEALTH care under this chapter while an injured employee remains a patient in such hospital OR URGENT CARE SETTING; and [(c)] (B) Under the [active and personal] DIRECT supervision of an authorized [physician] PROVIDER, [medical] care may be rendered by a registered nurse or other person trained in laboratory, THERAPEUTIC or diagnostic techniques within the scope of such person's specialized training and qualifications. This supervision shall be evidenced by signed records of instructions for treatment OR CARE and signed records of the patient's condition and progress. Reports of such treatment OR CARE and supervision shall be made by such [physician] PROVIDER to the chair on such forms and at such times as the chair may require. [(d) Upon the referral which may be directive as to treatment of an authorized physician physical therapy care may be rendered by a duly licensed physical therapist. Where physical therapy care is rendered records of the patient's condition and progress, together with records of instruction for treatment, if any, shall be maintained by the phys- ical therapist and physician. Said records shall be submitted to the chair on such forms and at such times as the chair may require. (e) Upon the prescription or referral of an authorized physician occu- pational therapy care may be rendered by a duly licensed occupational therapist. Where occupational therapy care is rendered records of the patient's condition and progress, together with records of instruction for treatment, if any shall be maintained by the occupational therapist and physician. Said records shall be submitted to the chair on forms and at such times as the chair may require. (f)] (C) Where it would place an unreasonable burden upon the employer or carrier to arrange for, or for the claimant to attend, an independent medical examination by an authorized [physician] PROVIDER, the employer or carrier shall arrange for such examination to be performed by a qual- ified [physician] PROVIDER in a medical facility convenient to the claimant. (D) UPON THE PRESCRIPTION OR REFERRAL OF AN AUTHORIZED PHYSICIAN, CARE OR TREATMENT MAY BE RENDERED TO AN INJURED EMPLOYEE BY AN AUTHORIZED PHYSICAL THERAPIST, OCCUPATIONAL THERAPIST OR ACUPUNCTURIST PROVIDED THE CONDITIONS AND THE TREATMENT PERFORMED ARE AMONG THE CONDITIONS THAT THE PHYSICAL THERAPIST, OCCUPATIONAL THERAPIST OR ACUPUNCTURIST IS AUTHOR- IZED TO CARE FOR OR TREAT PURSUANT TO THE EDUCATION LAW OR THE REGU- LATIONS OF THE COMMISSIONER OF EDUCATION. WHERE ANY SUCH CARE OR TREAT- MENT IS RENDERED, RECORDS OF THE PATIENT'S CONDITION AND PROGRESS, TOGETHER WITH RECORDS OF INSTRUCTION FOR TREATMENT, IF ANY, SHALL BE MAINTAINED BY THE PROVIDER OVERSEEING TREATMENT. SAID RECORDS SHALL BE SUBMITTED TO THE CHAIR ON FORMS AND AT SUCH TIMES AS THE CHAIR MAY REQUIRE. (E) A RECORD, REPORT OR OPINION OF A PHYSICAL THERAPIST, OCCUPATIONAL THERAPIST, ACUPUNCTURIST OR PHYSICIAN'S ASSISTANT SHALL NOT BE CONSID- ERED AS EVIDENCE OF (1) THE CAUSAL RELATIONSHIP OF ANY CONDITION TO AN S. 6405--A 14 A. 9005--A ACCIDENT OR OCCUPATIONAL DISEASE UNDER THIS CHAPTER OR (2) DISABILITY OR THE DEGREE THEREOF, NOR MAY ANY SUCH PROVIDER PERFORM AN INDEPENDENT MEDICAL EXAMINATION CONCERNING A CLAIM UNDER THIS CHAPTER. [2] 3. A [physician licensed to practice medicine in the state of New York who is] PROVIDER PROPERLY LICENSED OR CERTIFIED PURSUANT TO THE REGULATIONS OF THE COMMISSIONER OF EDUCATION AND THE REQUIREMENTS OF THE EDUCATION LAW desirous of being authorized to render [medical] HEALTH care under this chapter and/or to conduct independent medical examina- tions in accordance with paragraph (b) of subdivision four of section thirteen-a and section one hundred thirty-seven of this chapter shall [file an application for authorization under this chapter with the medical society in the county in which his or her office is located, or with a board designated by such society, or with a board designated by the chair as provided in this section. In such application the applicant shall state his or her training and qualifications, and shall agree to limit his or her professional activities under this chapter to such medical care and independent medical examinations, as his or her experi- ence and training qualify him or her to render] SIGN AN AUTHORIZATION AGREEMENT. A PROVIDER AUTHORIZED BY THE BOARD PRIOR TO THE EFFECTIVE DATE OF THIS SUBDIVISION MAY CONTINUE TO TREAT OR PERFORM INDEPENDENT MEDICAL EXAMINATIONS IN ACCORDANCE WITH HIS OR HER EARLIER AUTHORIZATION PENDING EXECUTION OF A NEW AUTHORIZATION AGREEMENT WITHIN TWELVE MONTHS OF THE EFFECTIVE DATE OF THIS SECTION FOLLOWING NOTICES TO THE PROVIDER. [The applicant shall further agree to refrain] THE PROVIDER AGREES TO ABIDE BY THE TERMS, CONDITIONS, AND LIMITATIONS OUTLINED IN THE AUTHORI- ZATION AGREEMENT, INCLUDING, BUT NOT LIMITED TO REFRAINING from subse- quently treating for remuneration, as a private patient, any person seeking medical treatment, or submitting to an independent medical exam- ination, in connection with, or as a result of, any injury compensable under this chapter, if he or she has been removed from the list of [physicians] PROVIDERS authorized to render [medical] HEALTH care or to conduct independent medical examinations under this chapter, or if the person seeking such treatment, or submitting to an independent medical examination, has been transferred from his or her care in accordance with the provisions of this chapter. This agreement shall run to the benefit of the injured person so treated or examined, and shall be available to him or her as a defense in any action by such [physician] PROVIDER for payment for treatment OR CARE rendered by a [physician] PROVIDER after he or she has been removed from the list of [physicians] PROVIDERS authorized to render [medical] HEALTH care or to conduct inde- pendent medical examinations under this chapter, or after the injured person was transferred from his or her care in accordance with the provisions of this chapter. [The medical society or the board designated by it, or the board as otherwise provided under this section, if it deems such licensed physician duly qualified, shall recommend to the chair that such physician be authorized to render medical care and/or conduct independent medical examinations under this chapter, and such recommendation and authorization shall specify the character of the medical care or independent medical examination which such physician is qualified and authorized to render under this chapter. Such recommenda- tions shall be advisory to the chair only and shall not be binding or conclusive upon him or her. The licensed physician may present to the medical society or board, evidences of additional qualifications at any time subsequent to his or her original application. If the medical soci- ety or board fails to recommend to the chair that a physician be author- ized to render medical care and/or to conduct independent medical exam- S. 6405--A 15 A. 9005--A inations under this chapter, the physician may appeal to the medical appeals unit. The medical society or the board designated by it, or the board as otherwise provided under this section, may upon its own initi- ative, or shall upon request of the chair, review at any time the quali- fications of any physician as to the character of the medical care or independent medical examinations which such physician has theretofore been authorized to render under this chapter and may recommend to the chair that such physician be authorized to render medical care or to conduct independent medical examinations thereafter of the character which such physician is then qualified to render. On such advisory recommendation the chair may review and after reasonable investigation may revise the authorization of a physician in respect to the character of medical care and/or to conduct independent medical examinations which he or she is authorized to render. If the medical society or board recommends to the chair that a physician be authorized to render medical care and/or to conduct independent medical examinations under this chap- ter of a character different from the character of medical care or inde- pendent medical examinations he or she has been theretofore authorized to render, such physician may appeal from such recommendation to the medical appeals unit. 3] 4. Laboratories and bureaus engaged in x-ray diagnosis or treat- ment or in physiotherapy or other therapeutic procedures and which participate in the diagnosis or treatment of injured [workmen] CLAIMANTS under this chapter shall be operated or supervised by [qualified physi- cians duly authorized] QUALIFIED PHYSICIANS DULY AUTHORIZED under this chapter and shall be subject to the provisions of section thirteen-c of this article. The person in charge of diagnostic clinical laboratories [duly] authorized under this chapter shall possess the qualifications established by the public health and health planning council for approval by the state commissioner of health or, in the city of New York, the qualifications approved by the board of health of said city and shall maintain the standards of work required for such approval. S 2. Section 13-d of the workers' compensation law, as amended by chapter 459 of the laws of 1944, the section heading and subdivisions 1 and 2 as amended by chapter 473 of the laws of 2000, paragraphs (a) and (b) of subdivision 2 as amended and subdivision 5 as added by chapter 6 of the laws of 2007 and subdivision 4 as amended by chapter 1068 of the laws of 1960, is amended to read as follows: S 13-d. Removal of [physicians] PROVIDERS from lists of those author- ized to render [medical] HEALTH care or to conduct independent medical examinations. 1. [The medical society of the county in which the physi- cian's office is located at the time or a board designated by such coun- ty society or a board representing duly licensed physicians of any other school of medical practice in such county shall investigate, hear and make findings with respect to all charges as to professional or other misconduct of any authorized physician as herein provided under rules and procedure to be prescribed by the medical appeals unit, and shall report evidence of such misconduct, with their findings and recommenda- tion with respect thereto, to the chair. Failure to commence such inves- tigation within sixty days from the date the charges are referred to the society by the chair or submit findings and recommendations relating to the charges within one hundred eighty days from the date the charges are referred shall empower the chair to appoint, as a hearing officer, a member of the board, employee, or other qualified hearing officer to hear and report on the charges to the chair. A qualified hearing offi- S. 6405--A 16 A. 9005--A cer, who is neither a member of the board, or employee thereof shall be paid at a reasonable per diem rate to be fixed by the chair. Such investigation, hearing, findings, recommendation and report may be made by the society or board of an adjoining county upon the request of the medical society of the county in which the alleged misconduct or infraction of this chapter occurred, subject to the time limit and conditions set forth herein. The medical appeals unit shall review the findings and recommendation of such medical society or board, or hearing officer appointed by the chair upon application of the accused physician and may reopen the matter and receive further evidence. The findings, decision and recommendation of such society, board or hearing officer appointed by the chair or medical appeals unit shall be advisory to the chair only, and shall not be binding or conclusive upon him or her. 2.] The chair shall [remove from the list of physicians authorized to] TEMPORARILY SUSPEND, REVOKE, OR OTHERWISE LIMIT THE AUTHORIZATION OF ANY PROVIDER TO render [medical] HEALTH care under this chapter, or to conduct independent medical examinations in accordance with paragraph (b) of subdivision four of section thirteen-a of this article, [the name of any physician who he or she shall find] SHOULD HE OR SHE FIND, after reasonable investigation [is disqualified because such physician:], THAT SUCH PROVIDER HAS FAILED TO RENDER COMPETENT, PROFESSIONAL, OR QUALITY HEALTH CARE AND TREATMENT UNDER THIS CHAPTER. 2. A PROVIDER'S FAILURE TO PROVIDE THE STANDARD OF CARE OR HIS OR HER BREACH OF THE DUTY TO PROVIDE COMPETENT, PROFESSIONAL, OR QUALITY HEALTH CARE AND TREATMENT UNDER THIS CHAPTER CAN BE FOUND IN THE FOLLOWING ACTS OF MISCONDUCT: (a) has [been guilty of] COMMITTED professional, MEDICAL, or other misconduct or incompetency in connection with rendering medical services under the law OR HAS VIOLATED ANY OF THE SPECIFIED GROUNDS FOR UNPROFES- SIONAL CONDUCT AS MORE FULLY SET FORTH IN THE EDUCATION LAW, SPECIF- ICALLY THE RULES OF THE BOARD OF REGENTS, THE OFFICE OF PROFESSIONS, OR THE REGULATIONS OF THE COMMISSIONER OF EDUCATION; or (b) has exceeded the limits of his or her professional competence in rendering medical care or in conducting independent medical examinations under the law[,] or has made materially false statements [regarding his or her qualifications in his or her application for the recommendation of the medical society or board as provided in section thirteen-b of this article] IN CONNECTION WITH THE AUTHORIZATION AGREEMENT; or (c) has failed to transmit copies of medical reports to claimant's attorney or licensed representative as provided in subdivision (f) of section thirteen of this article; or has failed to submit full and truthful medical reports of all his or her findings to the employer, and directly to the chair or the board within the time limits provided in subdivision four of section thirteen-a of this article with the excep- tion of injuries which do not require (1) more than ordinary first aid or more than two treatments by a physician or person rendering first aid, or (2) loss of time from regular duties of one day beyond the work- ing day or shift; or (d) knowingly made a false statement or representation as to a materi- al fact in any medical report made pursuant to this chapter or in testi- fying or otherwise providing information for the purposes of this chap- ter; or (e) has solicited, or has employed another to solicit for himself or herself or for another, professional treatment, examination or care of an injured employee in connection with any claim under this chapter; or S. 6405--A 17 A. 9005--A (f) has refused to appear before, to testify, to submit to a deposi- tion, or to answer upon request of, the chair, board, [medical appeals unit] or any duly authorized officer of the state, any legal question, or to produce any relevant book [or], paper, OR RESPONSE concerning his or her conduct under any authorization [granted to him or her under this chapter] OR AUTHORIZATION AGREEMENT; or (g) has directly or indirectly [requested, received or participated in the division, transference, assignment, rebating, splitting or refunding of a fee for, or has directly or indirectly requested, received or prof- ited by means of a credit or other valuable consideration as a commis- sion, discount or gratuity in connection with the furnishing of medical or surgical care, an independent medical examination, diagnosis or treatment or service, including X-ray examination and treatment, or for or in connection with the sale, rental, supplying or furnishing of clin- ical laboratory services or supplies, X-ray laboratory services or supplies, inhalation therapy service or equipment, ambulance service, hospital or medical supplies, physiotherapy or other therapeutic service or equipment, artificial limbs, teeth or eyes, orthopedic or surgical appliances or supplies, optical appliances, supplies or equipment, devices for aid of hearing, drugs, medication or medical supplies, or any other goods, services or supplies prescribed for medical diagnosis, care or treatment, under this chapter; except that reasonable payment, not exceeding the technical component fee permitted in the medical fee schedule, established under this chapter for X-ray examinations, diagno- sis or treatment, may be made by a physician duly authorized as a roent- genologist to any hospital furnishing facilities and equipment for such examination, diagnosis or treatment, provided such hospital does not also submit a charge for the same services. Nothing contained in this paragraph shall prohibit such physicians who practice as partners, in groups or as a professional corporation or as a university faculty prac- tice corporation from pooling fees and moneys received, either by the partnership, professional corporation, university faculty practice corporation or group by the individual members thereof, for professional services furnished by any individual professional member, or employee of such partnership, corporation or group, nor shall the professionals constituting the partnerships, corporations, or groups be prohibited from sharing, dividing or apportioning the fees and moneys received by them or by the partnership, corporation or group in accordance with a partnership or other agreement], WHILE TEMPORARILY SUSPENDED, BENEFITED FROM THE SPLITTING OR POOLING OF FEES BY MANAGING OR DIRECTING A MEDICAL PRACTICE EMPLOYING OR HIRING OTHER AUTHORIZED PROVIDERS TO RENDER TREAT- MENT UNDER THIS CHAPTER, SUPERVISED CARE AND TREATMENT UNDER THIS CHAP- TER, OR SUBMITTED FOR REIMBURSEMENT BOARD FORMS FOR SERVICES RENDERED UNDER THIS CHAPTER; OR (H) HAS VIOLATED ANY OF THE PROVISIONS OUTLINED IN SECTION THIRTEEN OF THIS ARTICLE, THE RULES, POLICIES, AND REGULATIONS PROMULGATED BY THE BOARD, THE PROVIDER'S MEDICAL LICENSE REQUIREMENTS, AS MORE FULLY SET FORTH IN THE PUBLIC HEALTH LAW AND THE EDUCATION LAW, OR SERIOUS OR RECURRING VIOLATION OF THE REQUIREMENTS SET FORTH IN THE AUTHORIZATION AGREEMENT; OR (I) HAS BEEN SUBJECT TO A CONDITION, LIMITATION, OR FINDING BY THE DEPARTMENT OF HEALTH IN A REPORT, DETERMINATION, OR ANY TYPE OF ORDER RESULTING FROM ALLEGATIONS OF MISCONDUCT. 3. [Any person who violates or attempts to violate, and any person who aids another to violate or attempts to induce him to violate the provisions of paragraph (g) of subdivision two of this section shall be S. 6405--A 18 A. 9005--A guilty of a misdemeanor] ONCE SUSPENDED, REVOKED, OR LIMITED, A SURGEON MAY PROVIDE ONLY REQUIRED AND NECESSARY POST-SURGICAL CARE AND TREATMENT TO A WORKERS' COMPENSATION PATIENT RECOVERING FROM A SURGICAL PROCEDURE PERFORMED WITHIN A REASONABLE TIME FRAME PRIOR TO THE EFFECTIVE DATE OF THE PROVIDER'S AUTHORIZATION SUSPENSION OR REVOCATION. 4. [Nothing] IN ADDITION TO THE POWER OR DUTY OF THE CHAIR TO TEMPO- RARILY SUSPEND, REVOKE, OR OTHERWISE LIMIT THE AUTHORIZATION OF A PROVIDER IN THE EVENT THAT ONE OF THE ACTS OF PROFESSIONAL, MEDICAL, OR OTHER MISCONDUCT IS FOUND TO EXIST, NOTHING in this section shall be construed as limiting in any respect the [power or duty of the chairman] CHAIR'S AUTHORITY to [investigate instances of misconduct, either before or after investigation by a medical society or board as herein provided, or to temporarily suspend the authorization of any physician that he may believe to be guilty of such misconduct] IMPOSE A FINE NOT TO EXCEED FIVE THOUSAND DOLLARS. [5. Whenever the department of health shall conduct an investigation with respect to charges of professional or other misconduct by a physi- cian which results in a report, determination or consent order that includes a finding of professional or other misconduct or incompetency by such physician, the chair shall have full power and authority to temporarily suspend, revoke or otherwise limit the authorization under this chapter of any physician upon such finding by the department of health that the physician has been guilty of professional or other misconduct. The recommendations of the department of health shall be advisory to the chair only and shall not be binding or conclusive upon the chair.] S 3. Subdivision 2 of section 13-k of the workers' compensation law, as amended by chapter 473 of the laws of 2000, is amended to read as follows: 2. An employee injured under circumstances which make such injury compensable under this article, when care is required for an injury to the foot which injury or resultant condition therefrom may lawfully be treated by a duly registered and licensed podiatrist of the state of New York, may select to treat him or her any podiatrist authorized by the chair to render podiatry care, as hereinafter provided. If the injury or condition is one which is without the limits prescribed by the education law for podiatry care and treatment, or the injuries involved affect other parts of the body in addition to the foot, the said podiatrist must so advise the said injured employee and instruct him or her to consult a physician of said employee's choice for appropriate care and treatment. Such physician shall thenceforth have overall supervision of the treatment of said patient including the future treatment to be administered to the patient by the podiatrist. If for any reason during the period when podiatry treatment and care is required, the employee wishes to transfer his or her treatment and care to another authorized podiatrist he or she may do so, in accordance with rules prescribed by the chair, provided however that the employer shall be liable for the proper fees of the original podiatrist for the care and treatment he or she shall have rendered. [A podiatrist licensed and registered to prac- tice podiatry in the state of New York who is desirous of being author- ized to render podiatry care under this section and/or to conduct inde- pendent medical examinations in accordance with paragraph (b) of subdivision three of this section shall file an application for authori- zation under this section with the podiatry practice committee. In such application he or she shall agree to refrain from subsequently treating for remuneration, as a private patient, any person seeking podiatry S. 6405--A 19 A. 9005--A treatment, or submitting to an independent medical examination, in connection with, or as a result of, any injury compensable under this chapter, if he or she has been removed from the list of podiatrists authorized to render podiatry care or to conduct independent medical examinations under this chapter, or if the person seeking such treatment has been transferred from his or her care in accordance with the provisions of this section. This agreement shall run to the benefit of the injured person so treated or examined, and shall be available to him or her as a defense in any action by such podiatrist for payment for treatment rendered by a podiatrist after he or she has been removed from the list of podiatrists authorized to render podiatry care or to conduct independent medical examinations under this section, or after the injured person was transferred from his or her care in accordance with the provisions of this section. The podiatry practice committee if it deems such licensed podiatrist duly qualified shall recommend to the chair that such podiatrist be authorized to render podiatry care and/or to conduct independent medical examinations under this section. Such recommendation shall be advisory to the chair only and shall not be binding or conclusive upon him or her.] The chair shall prepare and establish a schedule for the state, or schedules limited to defined localities, of charges and fees for podiatry treatment and care, to be determined in accordance with and to be subject to change pursuant to rules promulgated by the chair. Before preparing such schedule for the state or schedules for limited localities the chair shall request the podiatry practice committee to submit to him or her a report on the amount of remuneration deemed by such committee to be fair and adequate for the types of podiatry care to be rendered under this chapter, but consideration shall be given to the view of other interested parties. The amounts payable by the employer for such treatment and services shall be the fees and charges established by such schedule. Section 4. Section 13-g of the workers' compensation law is amended to read as follows: S 13-g. Payment of bills for medical care. (1) Within forty-five days after a bill FOR MEDICAL CARE OR SUPPLIES DELIVERED PURSUANT TO SECTION THIRTEEN OF THIS CHAPTER has been rendered to the employer [by the hospital, physician or self-employed physical or occupational therapist who has rendered treatment pursuant to a referral from the injured employee's authorized physician or authorized podiatrist for treatment to the injured employee,] such employer must pay the bill or notify the MEDICAL CARE PROVIDER OR SUPPLIER IN THE FORMAT PRESCRIBED BY THE CHAIR [hospital, physician or self-employed physical or occupational therapist in writing] that the bill is not being paid and explain the reasons for non-payment. In the event that the employer fails to make payment or notify the hospital, physician or self-employed physical or occupational therapist within such forty-five day period that payment is not being made, THE MEDICAL PROVIDER OR SUPPLIER [the hospital, physician, self- employed physical therapist or self-employed occupational therapist] may notify the [chair] BOARD IN THE FORMAT PRESCRIBED BY THE CHAIR [in writ- ing] that the bill has not been paid and request that the board make an award for payment of such bill. The board or the chair may make an award not in excess of the established fee schedules for any such bill or part thereof which remains unpaid after said forty-five day period or thirty days after all other questions duly and timely raised in accordance with the provisions of this chapter, relating to the employer's liability for the payment of such amount, shall have been finally determined adversely to the employer, whichever is later, in accordance with rules promulgat- S. 6405--A 20 A. 9005--A ed by the chair, and such award may be collected in like manner as an award of compensation. The chair shall assess the sum of fifty dollars against the employer for each such award made by the board, which sum shall be paid into the state treasury. In the event that the employer has provided an explanation in writing why the bill has not been paid, in part or in full, within the aforesaid time period, and the parties can not agree as to the value of medical aid rendered under this chapter, such value shall be decided by arbi- tration [if requested by the hospital, physician or self-employed phys- ical or occupational therapist, in accordance with the provisions of subdivision two or subdivision three of this section, as appropriate, and] AS SET FORTH IN rules and regulations promulgated by the chair. Where a [physician, physical or occupational therapist] bill FOR MEDICAL CARE OR SUPPLIES has been determined to be due and owing in accordance with the provisions of this section the board shall include in the amount of the award interest of not more than one and one-half per cent (1 1/2%) per month payable to the [physician, physical or occu- pational therapist,] MEDICAL CARE PROVIDER OR SUPPLIER in accordance with the rules and regulations promulgated by the board. Interest shall be calculated from the forty-fifth day after the bill was rendered or from the thirtieth day after all other questions duly and timely raised in accordance with the provisions of this chapter, relating to the employer's liability for the payment of such amount, shall have been finally determined adversely to the employer, whichever is later, in accordance with rules promulgated by the chair. (2) (a) If the parties fail to agree to the value of medical aid rendered under this chapter and the amount of the disputed bill is one thousand dollars or less, or if the amount of the disputed medical bill exceeds one thousand dollars and the [health] MEDICAL care provider OR SUPPLIER expressly so requests, such value shall be decided by a single arbitrator process, pursuant to rules promulgated by the chair. [The chair shall appoint a physician who is a member in good standing of the medical society of the state of New York to determine the value of such disputed medical bill. Where the physician whose charges are being arbitrated is a member in good standing of the New York osteopathic society, the value of such disputed bill shall be determined by a member in good standing of the New York osteopathic society appointed by the chair. Where the physician whose charges are being arbitrated is a member in good standing of the New York homeopathic society, the value of such disputed bill shall be determined by a member in good standing of the New York homeopathic society appointed by the chair. Where the value of physical therapy services or occupational therapy services is at issue, such value shall be determined by a member in good standing of a recognized professional association representing its respective profession in the state of New York appointed by the chair.] Decisions rendered under the single arbitrator process shall be conclusive upon the parties as to the value of the services in dispute. (b) If the parties fail to agree as to the value of medical aid rendered under this chapter and the amount of the disputed bill exceeds one thousand dollars, such value shall be decided by an arbitration committee unless the health care provider expressly requests a single arbitrator process in accordance with paragraph (a) of this subdivision. [The arbitration committee shall consist of one physician designated by the president of the medical society of the county in which the medical services were rendered, one physician who is a member of the medical society of the state of New York, appointed by the employer or carrier, S. 6405--A 21 A. 9005--A and one physician, also a member of the medical society of the state of New York, appointed by the chair of the workers' compensation board. If the physician whose charges are being arbitrated is a member in good standing of the New York osteopathic society or the New York homeopathic society, the members of such arbitration committee shall be physicians of such organization, one to be appointed by the president of that organization, one by the employer or carrier and the third by the chair of the workers' compensation board. Where the value of physical therapy services is at issue and the amount of the disputed bill exceeds one thousand dollars, the arbitration committee shall consist of a member in good standing of a recognized professional association representing physical therapists in the state of New York appointed by the president of such organization, a physician designated by the employer or carrier and a physician designated by the chair of the workers' compensation board provided however, that the chair finds that there are a sufficient number of physical therapy arbitrations in a geographical area comprised of one or more counties to warrant a committee so comprised. In all other cases where the value of physical therapy services is at issue and the amount of the disputed bill exceeds one thousand dollars, the arbi- tration committee shall be similarly selected and identical in composi- tion, provided that the physical therapist member shall serve without remuneration, and provided further that in the event a physical thera- pist is not available, the committee shall be comprised of three physi- cians designated in the same manner as in cases where the value of medical aid is at issue. (c) Where the value of occupational therapy services is at issue the arbitration committee shall consist of a member in good standing of a recognized professional association representing occupational therapists in the state of New York appointed by the president of such organiza- tion; a physician designated by the employer or carrier and a physician designated by the chair of the workers' compensation board provided, however, that the chair finds that there are a sufficient number of occupational therapy arbitrations in a geographical area comprised of one or more counties to warrant a committee so comprised. In all other cases where the value of occupational therapy services is at issue and the amount of the disputed bill exceeds one thousand dollars, the arbi- tration committee shall be similarly selected and identical in composi- tion, provided that the occupational therapist member shall serve with- out remuneration, and provided further that in the event an occupational therapist is not available, the committee shall be comprised of three physicians designated in the same manner as in cases where the value of medical aid is at issue.] THE ARBITRATION COMMITTEE SHALL HAVE THREE MEMBERS DESIGNATED BY THE CHAIR IN CONSULTATION WITH THE MEDICAL DIREC- TOR'S OFFICE OF THE WORKERS' COMPENSATION BOARD. The majority decision of any such arbitration committee shall be conclusive upon the parties as to the value of the services in dispute. (3) [(a) If an employer shall have notified the hospital in writing, as provided in subdivision one of this section, why the bill has not been paid, in part or in full, and the amount of the disputed bill is one thousand dollars or less, or where the amount of the disputed medical bill exceeds one thousand dollars and the hospital expressly so requests, such value shall be decided by a single arbitrator process, pursuant to rules promulgated by the chair. The chair shall appoint a physician in good standing licensed to practice in New York state to determine the value of such disputed bill. Decisions rendered under the S. 6405--A 22 A. 9005--A administrative resolution procedure shall be conclusive upon the parties as to the value of the services in dispute. (b) If an employer shall have notified the hospital in writing, as provided in subdivision one of this section, why the bill has not been paid, in part or in full, and the amount of the disputed bill exceeds one thousand dollars, the value of such bill shall be determined by an arbitration committee appointed by the chair for that purpose, which committee shall consider all of the charges of the hospital, unless the hospital expressly requests a single arbitrator process pursuant to paragraph (a) of this subdivision. The committee shall consist of three physicians. One member of the committee may be nominated by the chair upon recommendation of the president of the hospital association of New York state and one member may be nominated by the employer or insurance carrier. The majority decision of any such committee shall be conclusive upon the parties as to the value of the services rendered. The chair may make reasonable rules and regulations consistent with the provisions of this section. (4)] A provider initiating an arbitration, including a single arbitra- tor process, pursuant to this section shall not pay a fee to cover the costs related to the conduct of such arbitration. Each member of an arbitration committee for medical bills, and each member of an arbi- tration committee for hospital bills shall be entitled to receive and shall be paid a fee for each day's attendance at an arbitration session in any one count in an amount fixed by the chair of the workers' compen- sation board. [(5)](4) In claims where the employer has failed to secure compen- sation to his employees as required by section fifty of this chapter, the board may make an award TO A MEDICAL CARE PROVIDER OR SUPPLIER for the value of medical [and podiatry] services or SUPPLIES, OR treatment rendered to such employees, in accordance with the schedules of fees and charges prepared and established under the provisions of [section thir- teen, subdivision a, and section thirteen-k, subdivision two, of] this chapter[, and for the reasonable value of hospital care in accordance with the charges currently in force in hospitals in the same community for cases coming within the provisions of this chapter]. Such award shall be made to the [physician, podiatrist, or hospital] MEDICAL CARE PROVIDER OR SUPPLIER entitled thereto. A default in the payment of such award may be enforced in the manner provided for the enforcement of compensation awards as set forth in section twenty-six of this chapter. In all cases coming under this subdivision the payment of the claim of the physician, podiatrist, or hospital for medical, podiatry, or surgi- cal services or treatment shall be subordinate to that of the claimant or his beneficiaries. [(6)](5) Notwithstanding any inconsistent provision of law, arbi- tration regarding payments for inpatient hospital services for any patient discharged on or after January first, nineteen hundred ninety- one and prior to December thirty-first, nineteen hundred ninety-six shall be resolved in accordance with paragraph (d) of subdivision three of section twenty-eight hundred seven-c of the public health law. S 5. Subdivision 2 of section 13-l of the workers' compensation law, as amended by chapter 473 of the laws of 2000, is amended to read as follows: 2. An employee injured under circumstances which make such injury compensable under this article, when care is required for an injury which consists solely of a condition which may lawfully be treated by a chiropractor as defined in section sixty-five hundred fifty-one of the S. 6405--A 23 A. 9005--A education law may select to treat him or her, any duly registered and licensed chiropractor of the state of New York, authorized by the chair to render chiropractic care as hereinafter provided. If the injury or condition is one which is outside the limits prescribed by the education law for chiropractic care and treatment, the said chiropractor must so advise the said injured employee and instruct him or her to consult a physician of said employee's choice for appropriate care and treatment. Such physician shall thenceforth have supervision of the treatment of said condition including the future treatment to be administered to the patient by the chiropractor. [A chiropractor licensed and registered to practice chiropractic in the state of New York, who is desirous of being authorized to render chiropractic care under this section and/or to conduct independent medical examinations in accordance with paragraph (b) of subdivision three of this section shall file an application for authorization under this section with the chiropractic practice commit- tee. In such application he or she shall agree to refrain from subse- quently treating for remuneration, as a private patient, any person seeking chiropractic treatment, or submitting to an independent medical examination, in connection with, or as a result of, any injury compensa- ble under this chapter, if he or she has been removed from the list of chiropractors authorized to render chiropractic care or to conduct inde- pendent medical examinations under this chapter, or if the person seek- ing such treatment has been transferred from his or her care in accord- ance with the provisions of this section. This agreement shall run to the benefit of the injured person so treated, or examined, and shall be available to him or her as a defense in any action by such chiropractor for payment rendered by a chiropractor after he or she has been removed from the list of chiropractors authorized to render chiropractic care or to conduct independent medical examinations under this section, or after the injured person was transferred from his or her care in accordance with the provisions of this section. The chiropractic practice committee if it deems such licensed chiropractor duly qualified shall recommend to the chair that such be authorized to render chiropractic care and/or to conduct independent medical examinations under this section. Such recom- mendations shall be advisory to the chair only and shall not be binding or conclusive upon him or her.] The chair shall prepare and establish a schedule for the state, or schedules limited to defined localities of charges and fees for chiropractic treatment and care, to be determined in accordance with and to be subject to change pursuant to rules promul- gated by the chair. Before preparing such schedule for the state or schedules for limited localities the chair shall request the chiroprac- tic practice committee to submit to him or her a report on the amount of remuneration deemed by such committee to be fair and adequate for the types of chiropractic care to be rendered under this chapter, but consideration shall be given to the view of other interested parties, the amounts payable by the employer for such treatment and services shall be the fees and charges established by such schedule. S 6. Subdivisions 2 and 3 and paragraph (b) of subdivision 4 of section 13-m of the workers' compensation law, subdivision 2 as added by chapter 589 of the laws of 1989 and subdivision 3 and paragraph (b) of subdivision 4 as amended by chapter 473 of the laws of 2000, are amended to read as follows: 2. (a) An injured employee, injured under circumstances which make such injury compensable under this article, may lawfully be treated[, upon the referral of an authorized physician,] by a psychologist, duly registered and licensed by the state of New York, authorized by the S. 6405--A 24 A. 9005--A chairman to render psychological care pursuant to [this] section THIR- TEEN-B OF THIS ARTICLE. Such services shall be within the scope of such psychologist's specialized training and qualifications as defined in article one hundred fifty-three of the education law. (b) Medical bureaus, medical centers jointly operated by labor and management representatives, hospitals and health maintenance organiza- tions, authorized to provide medical care pursuant to section thirteen-c of this chapter, may provide psychological services when required[, upon the referral of an authorized physician, provided such care is rendered by a duly registered, licensed and authorized psychologist, as required by this section]. (c) A psychologist rendering service pursuant to this section shall maintain records of the patient's psychological condition and treatment, and such records or reports shall be submitted to the chairman on such forms and at such times as the chairman may require. 3. [A psychologist, licensed and registered to practice psychology in the state of New York, who is desirous of being authorized to render psychological care under this section and/or to conduct independent medical examinations in accordance with paragraph (b) of subdivision four of this section shall file an application for authorization under this section with the psychology practice committee. The applicant shall agree to refrain from subsequently treating for remuneration, as a private patient, any person seeking psychological treatment, or submit- ting to an independent medical examination, in connection with, or as a result of, any injury compensable under this chapter, if he or she has been removed from the list of psychologists authorized to render psycho- logical care under this chapter. This agreement shall run to the benefit of the injured person so treated, and shall be available as a defense in any action by such psychologist for payment for treatment rendered by such psychologist after being removed from the list of psychologists authorized to render psychological care or to conduct independent medical examinations under this section. The psychology practice commit- tee if it deems such licensed psychologist duly qualified shall recom- mend to the chair that such person be authorized to render psychological care and/or to conduct independent medical examinations under this section. Such recommendations shall be only advisory to the chair and shall not be binding or conclusive.] The chair shall prepare and estab- lish a schedule for the state or schedules limited to defined localities of charges and fees for psychological treatment and care, to be deter- mined in accordance with and be subject to change pursuant to rules promulgated by the chair. Before preparing such schedule for the state or schedules for limited localities the chair shall request the psychol- ogy practice committee to submit to such chair a report on the amount of remuneration deemed by such committee to be fair and adequate for the types of psychological care to be rendered under this chapter, but consideration shall be given to the view of other interested parties. The amounts payable by the employer for such treatment and services shall be the fees and charges established by such schedule. (b) Upon receipt of the notice provided for by paragraph (a) of this subdivision, the employer, the carrier, and the claimant each shall be entitled to have the claimant examined by a qualified psychologist, authorized by the chair in accordance with [subdivision three of this] section THIRTEEN-B OF THIS ARTICLE and section one hundred thirty-seven of this chapter, at a medical facility convenient to the claimant and in the presence of the claimant's psychologist, and refusal by the claimant to submit to such independent medical examination at such time or times S. 6405--A 25 A. 9005--A as may reasonably be necessary in the opinion of the board shall bar the claimant from recovering compensation, for any period during which he or she has refused to submit to such examination. S 7. Section 14 of the workers' compensation law, as amended by chap- ter 925 of the laws of 1937, subdivisions 1 and 2 as amended by chapter 94 of the laws of 1946, subdivision 3 as amended by chapter 277 of the laws of 1941, subdivision 5 as amended by chapter 730 of the laws of 1978, subdivision 6 as amended by chapter 6 of the laws of 2007 and subdivision 7 as amended by chapter 169 of the laws of 2007, is amended to read as follows: S 14. Weekly wages basis of compensation. Except as otherwise provided in this chapter, the average weekly wages of the injured employee at the time of the injury shall be taken as the basis upon which to compute compensation or death benefits, and shall be determined as follows: 1. [If the injured employee shall have worked in the employment in which he was working at the time of the accident, whether for the same employer or not, during substantially the whole of the year immediately preceding his injury, his average annual earnings shall consist of three hundred times the average daily wage or salary for a six-day worker, and two hundred sixty times the average daily wage or salary for a five-day worker, which he shall have earned in such employment during the days when so employed; 2. If the injured employee shall not have worked in such employment during substantially the whole of such year, his average annual earn- ings, if a six-day worker, shall consist of three hundred times the average daily wage or salary, and, if a five-day worker, two hundred and sixty times the average daily wage or salary, which an employee of the same class working substantially the whole of such immediately preceding year in the same or in a similar employment in the same or a neighboring place shall have earned in such employment during the days when so employed; 3. If either of the foregoing methods of arriving at the annual aver- age earnings of an injured employee cannot reasonably and fairly be applied, such annual average earnings shall be such sum as, having regard to the previous earnings of the injured employee and of other employees of the same or most similar class, working in the same or most similar employment, or other employment as defined in this chapter, in the same or neighboring locality, shall reasonably represent the annual earning capacity of the injured employee in the employment in which he was working at the time of the accident, provided, however, his average annual earnings shall consist of not less than two hundred times the average daily wage or salary which he shall have earned in such employ- ment during the days when so employed, further provided, however, that if the injured employee shall have been in the military or naval service of the United States or of the state of New York within twelve months prior to his injury, and his average annual earnings cannot be fairly determined under subdivisions one and two, then the average annual earn- ings shall be determined by multiplying his average daily wage during the days so employed by not less than two hundred and forty; 4. The average weekly wages of an employee shall be one-fifty-second part of his average annual earnings;] THE AVERAGE WEEKLY WAGE SHALL BE DETERMINED BY COMPUTING THE TOTAL WAGES PAID TO THE EMPLOYEE DURING THE THIRTEEN WEEKS IMMEDIATELY PRECEDING THE DATE OF INJURY AND DIVIDING BY THIRTEEN, PROVIDED THAT: A. IF THE EMPLOYEE WORKED LESS THAN THIRTEEN WEEKS IN THE EMPLOYMENT IN WHICH THE EMPLOYEE WAS INJURED, THE AVERAGE WEEKLY WAGE SHALL BE S. 6405--A 26 A. 9005--A BASED UPON THE TOTAL WAGE EARNED BY THE EMPLOYEE IN THE EMPLOYMENT IN WHICH THE EMPLOYEE WAS INJURED, DIVIDED BY THE TOTAL NUMBER OF WEEKS ACTUALLY WORKED IN THAT EMPLOYMENT; B. IF THE INJURED EMPLOYEE SUSTAINS A COMPENSABLE INJURY BEFORE COMPLETING HIS OR HER FIRST WORK WEEK, OR IF THE INJURED EMPLOYEE IS A SEASONAL EMPLOYEE, OR IF THE EARNINGS ARE AT AN IRREGULAR RATE, SUCH AS PIECEWORK, OR ON A COMMISSION BASIS, OR ARE SPECIFIED TO BE BI-WEEKLY, MONTHLY, OR OTHER PERIOD, THEN THE AVERAGE WEEKLY WAGE SHALL BE TAKEN AS THE ACTUAL WEEKLY EARNINGS AVERAGED FOR THIS PERIOD OF TIME, NOT EXCEED- ING ONE YEAR; C. IF THERE IS INSUFFICIENT EVIDENCE AVAILABLE TO DETERMINE THE EARN- INGS OF THE EMPLOYEE UNDER THE FOREGOING METHODS, OR IF THE PAY HAS NOT BEEN DESIGNATED FOR THE WORK REQUIRED, THE AVERAGE WEEKLY WAGE SHALL BE BASED UPON THE PREVIOUS EARNINGS OF THE INJURED EMPLOYEE AND OF OTHER EMPLOYEES OF THE SAME OR MOST SIMILAR CLASS, WORKING IN THE SAME OR MOST SIMILAR EMPLOYMENT, OR OTHER EMPLOYMENT AS DEFINED IN THIS CHAPTER, IN THE SAME OR NEIGHBORING LOCALITY, THAT SHALL REASONABLY REPRESENT THE ANNUAL EARNING CAPACITY OF THE INJURED EMPLOYEE IN THE EMPLOYMENT IN WHICH HE OR SHE WAS WORKING AT THE TIME OF THE ACCIDENT FOR A PERIOD OF THIRTEEN WEEKS PRIOR TO THE INJURY OR, IF THAT METHOD DOES NOT CONSTI- TUTE SUFFICIENT EVIDENCE OF THE AVERAGE WEEKLY WAGE, EARNINGS DATA FOR A PERIOD NOT EXCEEDING ONE YEAR PRIOR TO THE INJURY; D. PROVIDED, FURTHER, HOWEVER, THAT ONLY IN THE EVENT THAT THERE IS INSUFFICIENT EVIDENCE ASCERTAINED UNDER THE FOREGOING METHODS OF COMPUT- ING THE AVERAGE WEEKLY WAGE OF THE EMPLOYEE BY REASON OF THE NATURE OF THE EMPLOYMENT OR WHERE FOR ANY OTHER REASON THE METHODS WILL NOT FAIRLY AND ACCURATELY COMPUTE THE AVERAGE WEEKLY WAGE, COMPUTATION OF THE AVER- AGE WEEKLY WAGE MAY BE DETERMINED BY SUCH OTHER MANNER AND BY SUCH OTHER METHOD AS WILL BE BASED UPON THE FACTS PRESENTED TO FAIRLY DETERMINE SUCH EMPLOYEE'S AVERAGE WEEKLY WAGE; E. IF A CLAIM IS ESTABLISHED AS AN OCCUPATIONAL DISEASE, THE AVERAGE WEEKLY WAGE SHALL BE BASED ON EARNINGS AS OF THE DATE OF DISABLEMENT. [5.] 2. If it be established that the injured employee was under the age of twenty-five when injured, and that under normal conditions his wages would be expected to increase, that fact may be considered in arriving at his average weekly wages. [6.] 3. If the injured employee is concurrently engaged in more than one employment at the time of injury, the employee's average weekly wages shall be calculated upon the basis of wages earned from all concurrent employments covered under this chapter. The employer in whose employment the employee was injured shall be liable for the benefits that would have been payable if the employee had had no other employ- ment. Any additional benefits resulting from the increase in average weekly wages due to the employee's concurrent employments shall be paya- ble [in the first instance] by the employer in whose employment the employee was injured [and shall be reimbursed by the special disability fund created under subdivision eight of section fifteen of this article, but only if such claim is presented in accordance with subparagraph two of paragraph (h) of subdivision eight of section fifteen of this arti- cle.] The employer in whose employment the employee was injured shall be liable for all medical costs. [7.] 4. The average weekly wages of a jockey, apprentice jockey or exercise person licensed under article two or four of the racing, pari- mutuel wagering and breeding law shall be computed based upon all of the earnings of such jockey, apprentice jockey or exercise person, including those derived from outside of the state. S. 6405--A 27 A. 9005--A S 8. Subdivision 1 of section 20 of the workers' compensation law, as amended by chapter 635 of the laws of 1996, is amended to read as follows: 1. At any time after the expiration of the first seven days of disa- bility on the part of an injured employee, or at any time after the employee's death, a claim for compensation may be presented to the employer or to the chair. The board shall have full power and authority to determine all questions in relation to the payment of claims presented to it for compensation under the provisions of this chapter. The chair or board shall make or cause to be made such investigation as it deems necessary, and upon application of either party, shall order a hearing, and within thirty days after a claim for compensation is submitted under this section, or such hearing closed, shall make or deny an award, determining such claim for compensation, and file the same in the office of the chair. Immediately after such filing the chair shall send to the parties a copy of the decision. Upon a hearing pursuant to this section either party may present evidence and be represented by counsel. The decision of the board shall be final as to all questions of fact, and, except as provided in section twenty-three of this arti- cle, as to all questions of law. Except as provided in section twenty- seven of this article, all awards of the board shall draw simple inter- est from thirty days after the making thereof at the rate provided in section five thousand four of the civil practice law and rules. Whenev- er a hearing or proceeding for the determination of a claim for compen- sation is begun before a referee, pursuant to the provisions of this chapter, such hearing or proceeding or any adjourned hearing [thereon shall], INCLUDING A REFERRAL FOR DECISION, MAY continue before [the same referee until a final determination awarding or denying compensation, except in the absence, inability or disqualification to act of such referee, or for other good cause, in which event such hearing or proceeding may be continued before another referee by order of the chair or board] ANY REFEREE AS DETERMINED BY THE BOARD. S 9. Section 23 of the workers' compensation law, as amended by section 10 of part GG of chapter 57 of the laws of 2013, is amended to read as follows: S 23. Appeals. An award or decision of the board shall be final and conclusive upon all questions within its jurisdiction, as against the state fund or between the parties, unless reversed or modified on appeal therefrom as hereinafter provided. Any party may within thirty days after notice of the filing of an award or decision of a referee, file with the board an application in writing for a modification or rescis- sion or review of such award or decision, as provided in this chapter. The board shall render its decision upon such application in writing and shall include in such decision a statement of the facts which formed the basis of its action on the issues raised before it on such application. Within thirty days after notice of the decision of the board upon such application has been served upon the parties, or within thirty days after notice of an administrative redetermination review decision by the chair pursuant to subdivision five of section fifty-two, section one hundred thirty-one or section one hundred forty-one-a of this chapter has been served upon any party in interest, an appeal may be taken ther- efrom to the appellate division of the supreme court, third department, by any party in interest, including an employer insured in the state fund; provided, however, that any party in interest may within thirty days after notice of the filing of the board [panel's] decision with the secretary of the board, make application in writing for review thereof S. 6405--A 28 A. 9005--A by the full board. If the decision or determination was that of a panel of the board and there was a dissent from such decision or determination other than a dissent the sole basis of which is to refer the case to an impartial specialist, the full board shall review and affirm, modify or rescind such decision or determination in the same manner as herein above provided for an award or decision of a referee. If the decision or determination was that of a unanimous panel of the board, or there was a dissent from such decision or determination the sole basis of which is to refer the case to an impartial specialist, the board may in its sole discretion review and affirm, modify or rescind such decision or determination in the same manner as herein above provided for an award or decision of a referee. Failure to apply for review by the full board shall not bar any party in interest from taking an appeal directly to the court as above provided. The board may also, in its discretion certify to such appellate division of the supreme court, questions of law involved in its decision. Such appeals and the question so certified shall be heard in a summary manner and shall have precedence over all other civil cases in such court. The board shall be deemed a party to every such appeal from its decision upon such application, and the chair shall be deemed a party to every such appeal from an administrative redetermination review decision pursuant to subdivision five of section fifty-two of this chapter. The attorney general shall represent the board and the chair thereon. An appeal may also be taken to the court of appeals in the same manner and subject to the same limitations not inconsistent herewith as is now provided in the civil practice law and rules. It shall not be necessary to file exceptions to the rulings of the board. An appeal to the appellate division of the supreme court, third department, or to the court of appeals, shall not operate as a stay of the payment of compensation required by the terms of the award or of the payment of the cost of such medical, dental, surgical, optome- tric or other attendance, treatment, devices, apparatus or other neces- sary items the employer is required to provide pursuant to section thir- teen of this article which are found to be fair and reasonable. Where such award is modified or rescinded upon appeal, the appellant shall be entitled to reimbursement in a sum equal to the compensation in dispute paid to the respondent in addition to a sum equal to the cost of such medical, dental, surgical, optometric or other attendance, treatment, devices, apparatus or other necessary items the employer is required to provide pursuant to section thirteen of this article paid by the appel- lant pending adjudication of the appeal. Such reimbursement shall be paid from administration expenses as provided in section one hundred fifty-one of this chapter upon audit and warrant of the comptroller upon vouchers approved by the chair. Where such award is subject to the provisions of section twenty-seven of this article, the appellant shall pay directly to the claimant all compensation as it becomes due during the pendency of the appeal, and upon affirmance shall be entitled to credit for such payments. Neither the chair, the board, the commission- ers of the state insurance fund nor the claimant shall be required to file a bond upon an appeal to the court of appeals. Upon final determi- nation of such an appeal, the board or chair, as the case may be, shall enter an order in accordance therewith. Whenever a notice of appeal is served or an application made to the board by the employer or insurance carrier for a modification or rescission or review of an award or deci- sion, and the board shall find that such notice of appeal was served or such application was made for the purpose of delay or upon frivolous grounds, the board shall impose a penalty in the amount of five hundred S. 6405--A 29 A. 9005--A dollars upon the employer or insurance carrier, which penalty shall be added to the compensation and paid to the claimant. WHENEVER AN APPLICA- TION IS MADE TO THE BOARD BY THE EMPLOYER OR INSURANCE CARRIER FOR A MODIFICATION OR RESCISSION OR REVIEW OF AN AWARD OR DECISION, AND THE BOARD SHALL FIND THAT SUCH APPLICATION WAS MADE FOR THE PURPOSE OF DELAY AND UPON FRIVOLOUS GROUNDS, THE BOARD MAY IMPOSE A PENALTY PURSUANT TO PARAGRAPH (F) OF SUBDIVISION THREE OF SECTION TWENTY-FIVE OF THIS ARTI- CLE. UPON A FINDING THAT AN APPLICATION HAS BEEN MADE TO THE BOARD FOR THE PURPOSE OF DELAY AND UPON FRIVOLOUS GROUNDS, AND THE EMPLOYER OR CARRIER HAS MADE PAYMENT TO THE CLAIMANT OF ALL COMPENSATION AS IT BECOMES DUE DURING THE PENDENCY OF THE APPLICATION, NO PENALTY PURSUANT TO PARAGRAPH (F) OF SUBDIVISION THREE OF SECTION TWENTY-FIVE OF THIS ARTICLE SHALL BE IMPOSED. The penalties provided herein shall be collected in like manner as compensation. A party against whom an award of compensation shall be made may appeal from a part of such award. In such a case the payment of such part of the award as is not appealed from shall not prejudice any rights of such party on appeal, nor be taken as an admission against such party. Any appeal by an employer from an administrative redetermination review decision pursuant to subdivi- sion five of section fifty-two of this chapter shall in no way serve to relieve the employer from the obligation to timely pay compensation and benefits otherwise payable in accordance with the provisions of this chapter. Nothing contained in this section shall be construed to inhibit the continuing jurisdiction of the board as provided in section one hundred twenty-three of this chapter. S 10. Paragraph (f) of subdivision 3 of section 25 of the workers' compensation law, as amended by chapter 316 of the laws of 1991, is amended to read as follows: (f) If the employer or its insurance carrier shall fail to make payments of compensation according to the terms of the award within ten days or the uninsured employers' fund shall fail to make payments of compensation according to the terms of the award within thirty days after such ten day period except in case of an application to the board for a modification, rescission or review of such award, there shall be imposed a penalty equal to twenty percent of the unpaid compensation which shall be paid to the injured worker or his or her dependents, and there shall also be imposed an assessment of fifty dollars, which shall be paid into the state treasury. WHENEVER AN APPLICATION IS MADE TO THE BOARD BY THE EMPLOYER OR INSURANCE CARRIER FOR A MODIFICATION OR RESCIS- SION OR REVIEW OF AN AWARD OR DECISION IN ACCORDANCE WITH SECTION TWEN- TY-THREE OF THIS ARTICLE, AND THE BOARD SHALL FIND THAT SUCH APPLICATION WAS MADE FOR THE PURPOSE OF DELAY AND UPON FRIVOLOUS GROUNDS, THE BOARD MAY IMPOSE A PENALTY EQUAL TO TWENTY PERCENT OF THE UNPAID COMPENSATION WHICH SHALL BE PAID TO THE INJURED WORKER OR HIS OR HER DEPENDENTS, AND THERE SHALL ALSO BE IMPOSED AN ASSESSMENT OF FIFTY DOLLARS, WHICH SHALL BE PAID INTO THE STATE TREASURY. S 11. The closing paragraph of paragraph (a) of subdivision 2 of section 25 of the workers' compensation law, as amended by chapter 635 of the laws of 1996, is amended to read as follows: If the insurance carrier shall fail either to file notice of contro- versy or begin payment of compensation within the prescribed period or within ten days after receipt of a copy of the notice required in section one hundred ten of this chapter, whichever period is the great- er, the board may[, after a hearing,] impose a penalty in the amount of three hundred dollars, which shall be in addition to all other penalties S. 6405--A 30 A. 9005--A provided for in this chapter and shall be paid to the claimant. Such penalty shall be collected in like manner as an award of compensation. S 12. Subdivisions 1 and 7 of section 27 of the workers' compensation law, subdivision 1 as amended by chapter 192 of the laws of 1949, subdi- vision 7 as amended by chapter 62 of the laws of 1989, the closing para- graph of subdivision 7 as amended by chapter 6 of the laws of 2007 and as further amended by section 104 of part A of chapter 62 of the laws of 2011, are amended to read as follows: 1. All payments made into the fund pursuant to the provisions of this section shall constitute an indivisible and aggregate trust fund except as hereinafter provided. NOTWITHSTANDING ANY OTHER PROVISIONS OF THIS CHAPTER, THE BOARD SHALL NOT DIRECT A MANDATORY DEPOSIT ON OR AFTER THE EFFECTIVE DATE OF THE CHAPTER OF THE LAWS OF TWO THOUSAND SIXTEEN WHICH AMENDED THIS SUBDIVISION. THE CARRIER SHALL MAKE A MANDATORY DEPOSIT INTO THE FUND AS DIRECTED IN A BOARD DECISION FILED PRIOR TO THE EFFEC- TIVE DATE OF THE CHAPTER OF THE LAWS OF TWO THOUSAND SIXTEEN WHICH AMENDED THIS SUBDIVISION, IN THE AMOUNT SET FORTH IN A SUPPLEMENTAL BOARD DECISION OF ANY DATE. THE CARRIER IS RESPONSIBLE FOR PAYMENTS TO THE CLAIMANT AS DIRECTED UNTIL THE DEPOSIT IS MADE INTO THE FUND. IF THE INSURANCE CARRIER SHALL FAIL TO MAKE A TIMELY MANDATORY DEPOSIT INTO THE FUND THE CHAIR MAY IMPOSE A PENALTY EQUAL TO TWENTY PERCENT OF THE UNPAID MANDATORY DEPOSIT AMOUNT WHICH SHALL BE PAID TO THE INJURED WORK- ER OR HIS OR HER DEPENDENTS, AND THERE SHALL ALSO BE IMPOSED AN ASSESS- MENT OF FIFTY DOLLARS, WHICH SHALL BE PAID INTO THE STATE TREASURY. 7. [For the purpose of securing the solvency of the aggregate trust fund, there shall be required, in addition to the payments hereinbefore provided for, a payment on each award, as follows: (a) In the mandatory type cases based on an accident occurring on or subsequent to July first, nineteen hundred forty-one up to and including June thirtieth, nineteen hundred forty-three an amount equal to six per centum of the present value of each such case paid into such fund; (b) In the mandatory type cases based on an accident occurring on or subsequent to July first, nineteen hundred forty-three an amount equal to ten per centum of the present value of each such case paid into such fund; (c) In the discretionary type cases based on an accident occurring up to and including June thirtieth, nineteen hundred thirty-nine an amount equal to sixteen per centum of the present value of each such case paid into such fund; (d) In the discretionary type cases based on an accident occurring on or subsequent to July first, nineteen hundred thirty-nine an amount equal to ten per centum of the present value of each such case paid into such fund. Such additional payments shall be required until the surplus of the fund equals or exceeds one per centum of the total outstanding loss reserves as shown by three successive annual reports of the fund to the superintendent of financial services and such additional payment shall be required as a payment upon each award based on an accident occurring prior to July first next succeeding the third such annual report, but not as a payment upon any award based on an accident occurring on or after said July first; provided, however, that if and when the surplus of the fund as shown by any annual report thereafter shall be less than one per centum of the total outstanding loss reserves, then the addi- tional payments as provided in paragraphs (a), (b), (c) and (d) of this subdivision shall be resumed and shall be payable upon any award based on an accident occurring on or after July first next succeeding the S. 6405--A 31 A. 9005--A close of the year for which such annual report is made. Thereafter, the suspension or resumption of additional payments as required by this subdivision shall be governed by the foregoing provisions. Such loss reserves shall be computed based upon the tables specified in subdivi- sion five of this section and interest at a standard to be determined by the superintendent of financial services by regulation.] FOR THE PURPOSES OF INSURING THE SOLVENCY OF THE AGGREGATE TRUST FUND SUBSEQUENT TO THE FIRST DAY OF JANUARY, TWO THOUSAND SIXTEEN, THE SUPERINTENDENT OF FINANCIAL SERVICES, IN ACCORDANCE WITH SUBDIVISION TWO OF SECTION ONE HUNDRED EIGHT OF THIS CHAPTER, MAY DIRECT CARRIERS TO DEPOSIT NOT MORE THAN TWO PERCENT OF WRITTEN PREMIUMS INTO THE WORKERS' COMPENSATION GUARANTEE FUND ESTABLISHED BY ARTICLE SIX OF THIS CHAPTER. SUCH FUNDS SHALL BE TRANSFERRED TO THE AGGREGATE TRUST FUND TO ENABLE THE AGGREGATE TRUST FUND TO MEET ITS OBLIGATIONS UNDER THIS SECTION. S 13. Subdivisions 3 and 4 of section 25-a of the workers' compen- sation law, subdivision 3 as amended by section 13 of part GG of chapter 57 of the laws of 2013, subdivision 4 as amended by chapter 395 of the laws of 1964, and the closing paragraph of subdivision 4 as further amended by section 104 of part A of chapter 62 of the laws of 2011, are amended to read as follows: 3. Any awards so made shall be payable out of the special fund hereto- fore created for such purpose, which fund is hereby continued and shall be known as the fund for reopened cases. The employer, or, if insured, his insurance carrier shall pay into such fund, or, in the case of awards made on or after July first, nineteen hundred sixty-nine, either into such fund or the uninsured employers' fund under section twenty- six-a of this article in accordance with the provisions thereof, for every case of injury causing death for which there are no persons enti- tled to compensation the sum of three hundred dollars where such injury occurred prior to July first, nineteen hundred forty and the sum of one thousand dollars where such injury shall occur on or after said date and prior to April first, nineteen hundred forty-five, and the sum of fifteen hundred dollars where such injury shall occur on or after April first, nineteen hundred forty-five and prior to September first, nine- teen hundred seventy-eight and the sum of three thousand dollars where such injury shall occur on or after September first, nineteen hundred seventy-eight, and in each case of death resulting from injury sustained on or after July first, nineteen hundred forty and prior to September first, nineteen hundred seventy-eight, where there are persons entitled to compensation but the total amount of such compensation is less than two thousand dollars exclusive of funeral benefits, the employer, or, if insured, his insurance carrier, shall pay into such fund, or, in the case of awards made on or after July first, nineteen hundred sixty-nine and prior to September first, nineteen hundred seventy-eight, either into such fund or the uninsured employers' fund under section twenty- six-a of this article in accordance with the provisions thereof, the difference between the sum of two thousand dollars and the compensation, exclusive of funeral benefits, and in each case of death resulting from injury sustained on or after September first, nineteen hundred seventy- eight, the employer, or if insured, his insurance carrier shall pay into such fund or the uninsured employers' fund under section twenty-six-a of this article in accordance with the provisions thereof, the difference between the sum of five thousand dollars and the compensation, exclusive of funeral benefits actually paid to or for the dependents of the deceased employee together with any expense charge required by section twenty-seven of this article; provided, however, that where death shall S. 6405--A 32 A. 9005--A occur subsequent to the periods limited by subdivision one of this section no payment into such special fund nor to the special fund provided by subdivision nine of section fifteen nor to the uninsured employers' fund provided by section twenty-six-a of this article shall be required. In addition to the assessments made against all insurance carriers for the expenses of administering this chapter provided for under the provisions of section one hundred fifty-one of this chapter, and the payments above provided, the employer, or, if insured, his insurance carrier, shall pay the sum of five dollars into said fund for each case in which an award is made pursuant to the provisions of para- graphs a to s inclusive of subdivision three of section fifteen of this chapter, by reason of injury sustained between July first, nineteen hundred forty and June thirtieth, nineteen hundred forty-two, both dates inclusive, and the sum of ten dollars for each such case by reason of injury sustained between July first, nineteen hundred forty-two and June thirtieth, nineteen hundred fifty, both dates inclusive, which payment shall be in addition to any payment of compensation to the injured employee as provided in this chapter. There shall be maintained in the special fund at all times assets at least equal in value to the sum of (1) the value of awards charged against such fund, (2) the value of all claims that have been reopened by the board as a charge against such fund but as to which awards have not yet been made, (3) effective January first, nineteen hundred seven- ty-one, the value of total supplemental benefits to be paid from such fund as reimbursement pursuant to subdivision nine of this section, and (4) a reserve equal to ten per cent of the sum of items (1), (2) and (3) of this paragraph. Annually, as soon as practicable after January first in each year, the chair shall ascertain the condition of the fund and [whenever the assets shall fall below the prescribed minimum as herein provided the chair] shall collect: (A) DEBT SERVICE AMOUNT SUFFICIENT TO COVER DEBT SERVICE AND ASSOCIATED COSTS TO BE PAID DURING THE CALEN- DAR YEAR BY THE DORMITORY AUTHORITY, AS CALCULATED IN ACCORDANCE WITH SUBDIVISION FOUR OF THIS SECTION AND (B) WHENEVER THE VALUE OF OTHER ASSETS FALL BELOW THE PRESCRIBED MINIMUM TO BE MAINTAINED AS HEREIN PROVIDED, an amount sufficient to restore the fund to the prescribed minimum. SUCH ASSESSMENTS SHALL BE INCLUDED IN THE ASSESSMENT RATE ESTABLISHED PURSUANT TO SUBDIVISION TWO OF SECTION ONE HUNDRED FIFTY-ONE OF THIS CHAPTER. SUCH ASSESSMENTS SHALL BE DEPOSITED WITH THE COMMIS- SIONER OF TAXATION AND FINANCE AND TRANSFERRED TO THE BENEFIT OF SUCH FUND FOLLOWING PAYMENT OF DEBT SERVICE AND ASSOCIATED COSTS, IF ANY, PURSUANT TO SECTION ONE HUNDRED FIFTY-ONE OF THIS CHAPTER. Commencing on the first of January, two thousand fourteen, the amount collected from all employers required to obtain workers' compensation coverage to main- tain the financial integrity of the fund may be paid over a period of time at the discretion of the chair based upon an analysis of the finan- cial condition of the fund. Such payment as determined by the chair shall be included in the assessment rate established pursuant to subdi- vision two of section one hundred fifty-one of this chapter. The chair shall promulgate regulations to administer claims whose liability has been transferred to the fund for reopened cases. Such regulations may include exercise of the chair's authority to administer existing claims, to procure management for those claims, or to sell such liability INCLUDING, WITHOUT LIMITATION, BY OBTAINING AN "ASSUMPTION OF WORKERS' COMPENSATION LIABILITY INSURANCE POLICY" AS DEFINED IN SECTION SIXTEEN HUNDRED EIGHTY-L OF THE PUBLIC AUTHORITIES LAW. The chair may examine S. 6405--A 33 A. 9005--A into the condition of the fund at any time on his or her own initiative or on request of the attorney of the fund. The provisions of this subdivision shall not apply with respect to policies containing coverage pursuant to section thirty-four hundred twenty of the insurance law relating to every policy providing compre- hensive personal liability insurance on a one, two, three or four family owner-occupied dwelling. 4. THE CHAIR AND THE COMMISSIONER OF TAXATION AND FINANCE ARE AUTHOR- IZED AND DIRECTED TO ENTER INTO A FINANCING AGREEMENT WITH THE DORMITORY AUTHORITY, TO BE KNOWN AS THE "FUND FOR REOPENED CASES FINANCING AGREE- MENT". SUCH AGREEMENT SHALL SET FORTH THE PROCESS FOR CALCULATING THE ANNUAL DEBT SERVICE OF THE BONDS ISSUED BY THE DORMITORY AUTHORITY AND ANY OTHER ASSOCIATED COSTS IN CONNECTION WITH THE FUND FOR REOPENED CASES, AS SET FORTH IN SECTION SIXTEEN HUNDRED EIGHTY-L OF THE PUBLIC AUTHORITIES LAW. FOR PURPOSES OF THIS SECTION, "ASSOCIATED COSTS" MAY INCLUDE A COVERAGE FACTOR, RESERVE FUND REQUIREMENTS, ALL COSTS OF ANY NATURE INCURRED BY THE DORMITORY AUTHORITY IN CONNECTION WITH THE FUND FOR REOPENED CASES FINANCING AGREEMENT OR PURSUANT THERETO, THE COSTS OF ANY INDEPENDENT AUDITS UNDERTAKEN UNDER THIS SECTION, AND ANY OTHER COSTS FOR THE IMPLEMENTATION OF THIS SUBDIVISION AND THE ISSUANCE OF BONDS BY THE DORMITORY AUTHORITY, INCLUDING INTEREST RATE EXCHANGE PAYMENTS, REBATE PAYMENTS, LIQUIDITY FEES, CREDIT PROVIDER FEES, FIDUCI- ARY FEES, REMARKETING, DEALER, AUCTION AGENT AND RELATED FEES AND OTHER SIMILAR BOND-RELATED EXPENSES, UNLESS OTHERWISE FUNDED. BY SEPTEMBER FIRST OF EACH YEAR, THE DORMITORY AUTHORITY SHALL PROVIDE TO THE CHAIR THE CALCULATION OF THE AMOUNT EXPECTED TO BE PAID BY THE DORMITORY AUTHORITY IN DEBT SERVICE AND ASSOCIATED COSTS FOR PURPOSES OF CALCULAT- ING THE DEBT SERVICE ASSESSMENT AS SET FORTH IN SUBDIVISION THREE OF THIS SECTION. ALL MONIES RECEIVED ON ACCOUNT OF ANY ASSESSMENT UNDER SUBDIVISION THREE OF THIS SECTION AND THIS SUBDIVISION SHALL BE APPLIED IN ACCORDANCE WITH THIS SUBDIVISION AND IN ACCORDANCE WITH THE FUND FOR REOPENED CASES FINANCING AGREEMENT UNTIL THE FINANCIAL OBLIGATIONS OF THE DORMITORY AUTHORITY IN RESPECT TO ITS CONTRACT WITH ITS BONDHOLDERS ARE MET AND ALL ASSOCIATED COSTS PAYABLE TO OR BY THE DORMITORY AUTHORI- TY HAVE BEEN PAID, NOTWITHSTANDING ANY OTHER PROVISION OF LAW RESPECTING SECURED TRANSACTIONS. THIS PROVISION MAY BE INCLUDED BY THE DORMITORY AUTHORITY IN ANY CONTRACT OF THE DORMITORY AUTHORITY WITH ITS BONDHOLD- ERS. THE FUND FOR REOPENED CASES FINANCING AGREEMENT MAY RESTRICT DISBURSE- MENTS, INVESTMENTS, OR REBATES, AND MAY PRESCRIBE A SYSTEM OF ACCOUNTS APPLICABLE TO THE FUND FOR REOPENED CASES AS CONSISTENT WITH THE PROVISIONS OF THIS SECTION GOVERNING SUCH FUND, INCLUDING CUSTODY OF FUNDS AND ACCOUNTS WITH A TRUSTEE THAT MAY BE PRESCRIBED BY THE DORMITO- RY AUTHORITY AS PART OF ITS CONTRACT WITH THE BONDHOLDERS. FOR PURPOSES OF THIS SUBDIVISION, THE TERM "BONDS" SHALL INCLUDE NOTES ISSUED IN ANTICIPATION OF THE ISSUANCE OF BONDS, OR NOTES ISSUED PURSUANT TO A COMMERCIAL PAPER PROGRAM. (A) The commissioner of taxation and finance shall be the custodian of such [special] fund for reopened cases and, UNLESS OTHERWISE PROVIDED FOR IN THE FUND FOR REOPENED CASES FINANCING AGREEMENT, shall invest any surplus OR RESERVE monies thereof in securities which constitute legal investments for savings banks under the laws of this state and in inter- est bearing certificates of deposit of a bank or trust company located and authorized to do business in this state or of a national bank located in this state secured by a pledge of direct obligations of the United States or of the state of New York in an amount equal to the S. 6405--A 34 A. 9005--A amount of such certificates of deposit, and may sell any of the securi- ties or certificates of deposit in which such fund is invested, if necessary for the proper administration or in the best interest of such fund. Disbursements from such fund for compensation provided by this section shall be paid by the commissioner of taxation and finance upon vouchers signed by the [chairman] CHAIR OF THE BOARD UNLESS THE FINANC- ING AGREEMENT PROVIDES FOR SOME OTHER MEANS OF AUTHORIZING SUCH DISBURSEMENTS THAT IS NO LESS PROTECTIVE OF THE FUND. The commissioner of taxation and finance, as custodian of such fund, annually as soon as practicable after January first, shall furnish to the [chairman] CHAIR OF THE WORKERS' COMPENSATION BOARD a statement of the fund, setting forth the balance of monies in the said fund as of the beginning of the year, the income of the fund, a summary of payments out of the fund on account of compensation ordered to be paid by the board, medical and other expense, and all other charges against the fund, and setting forth the balance of the fund remaining to its credit on Decem- ber thirty-first. Such statement shall be open to public inspection in the office of the [chairman] CHAIR, and a copy thereof shall be trans- mitted by the [chairman] CHAIR to the superintendent of financial services. The superintendent of financial services may examine into the condition of such fund at any time on his OR HER own initiative or on request of the [chairman] CHAIR or representative of the fund. He OR SHE shall verify the receipts and disbursements of the fund, and shall ascertain the liability of the fund upon all cases in which awards of compensation have been made and charged against said fund and shall render a report of such facts to the [chairman] CHAIR. Such report shall also be open to public inspection in the office of the [chairman] CHAIR. THE CHAIR, NOT LESS THAN NINETY DAYS AFTER THE ISSUANCE OF THE DORMITORY AUTHORITY'S ANNUAL AUDIT, SHALL FURNISH TO THE PRESIDENT OF THE SENATE AND THE SPEAKER OF THE ASSEMBLY THE FOLLOWING REPORTS ON THE FUND FOR REOPENED CASES: A REVENUE AND OPERATING EXPENSE STATEMENT; A FINANCING PLAN; A REPORT CONCERNING THE ASSETS AND LIABILITIES; THE NUMBER OF AGREEMENTS TO PROCURE MANAGEMENT OF SUCH CLAIMS; THE NUMBER OF ASSUMPTION OF WORKERS' COMPENSATION LIABILITY INSURANCE POLICIES EXECUTED SELLING SUCH CLAIMS; THE NUMBER OF CLAIMANTS REMAINING IN THE FUND; THE ESTIMATED CURRENT UNFUNDED LIABILITY OF THE FUND WITH RESPECT TO SUCH CLAIMS; AND A DEBT ISSUANCE REPORT INCLUDING BUT NOT LIMITED TO (I) PLEDGED ASSESSMENT REVENUE AND FINANCING COVERAGE, (II) DEBT SERVICE MATURITIES, (III) INTEREST RATE EXCHANGE OR SIMILAR AGREEMENTS, AND (IV) FINANCING AND ISSUANCE COSTS. THE COMMISSIONER OF TAXATION AND FINANCE MAY ESTABLISH WITHIN THE FUND FOR REOPENED CASES SUCH ACCOUNTS AND SUB-ACCOUNTS AS HE OR SHE DEEMS USEFUL FOR THE OPERATION OF THE FUND, OR AS NECESSARY TO SEGREGATE MONEYS WITHIN THE FUND, SUBJECT TO THE PROVISIONS OF THE FUND FOR REOPENED CASES FINANCING AGREEMENT. S 14. Subdivision (i) of section 32 of the workers' compensation law, as added by chapter 6 of the laws of 2007 and paragraph 5 as further amended by section 104 of part A of chapter 62 of the laws of 2011, is amended to read as follows: (i) (1) The waiver agreement management office may contract with AN INSURANCE CARRIER, SELF-INSURED EMPLOYER, STATE INSURANCE FUND OR any third party to ASSUME LIABILITY FOR, manage, administer, or settle claims on its behalf, so long as (A) such contract is approved by the special disability fund advisory committee and (B) such [third] party shall agree to be subject to any guidelines or directives as the chair may issue. S. 6405--A 35 A. 9005--A (2) The chair MAY, with approval of the special disability fund advi- sory committee and on such terms as the committee deems appropriate, [shall have discretion to] procure one or more private entities to assume the liability for and [management, administration or settlement of] MANAGE, ADMINISTER OR SETTLE all or a portion of the claims in the special disability fund INCLUDING, WITHOUT LIMITATION, BY OBTAINING "AN ASSUMPTION OF WORKERS' COMPENSATION LIABILITY INSURANCE POLICY" AS DEFINED FOR PURPOSES OF SECTION SIXTEEN HUNDRED EIGHTY-L OF THE PUBLIC AUTHORITIES LAW. ANY SUCH POLICY SHALL EXPRESSLY PROVIDE AND, NOTWITH- STANDING ANY OTHER PROVISION OF LAW, OPERATE TO RELEASE FROM ANY FURTHER LIABILITY (1) THE SPECIAL DISABILITY FUND AND (2) THE INSURANCE CARRIER, INCLUDING AS THE CASE MAY BE THE STATE INSURANCE FUND, ORIGINALLY LIABLE FOR ANY CLAIM COVERED BY THE ASSUMPTION OF WORKERS' COMPENSATION LIABIL- ITY INSURANCE POLICY SECURING SUCH FURTHER AND FUTURE CONTINGENT LIABIL- ITY AS MAY ARISE FOR ANY SUCH CLAIM, INCLUDING FROM PRIOR INJURIES TO EMPLOYEES AND BE INCURRED BY REASON OF ANY CHANGE IN THE CONDITION OF SUCH EMPLOYEES FOR PAYMENT OF ADDITIONAL COMPENSATION. NOTWITHSTANDING ANY OTHER PROVISIONS OF LAW, NO CONSULTATION OR APPROVAL OF ANY EMPLOY- ER, INSURANCE CARRIER, SELF-INSURER OR THE STATE INSURANCE FUND SHALL BE REQUIRED BEFORE SUCH OFFICE MAY ENTER INTO ANY SUCH POLICY OR WAIVER AGREEMENT, OR BEFORE THE BOARD MAY APPROVE SUCH WAIVER AGREEMENT. Any such procurement shall be conducted in accordance with state finance law, except as otherwise set forth below. The chair shall not award any contract that has not been approved by the special disability fund advi- sory committee. Notwithstanding the foregoing, the chair of the workers' compensation board may, if approved by the special disability fund advi- sory committee, and on such terms as the committee deems appropriate: (A) waive any informality in a bid, and either reject all bids and again advertise for bids, or interview at least two responsible quali- fied bidders and negotiate and enter into a contract with one or more of such bidders; or (B) group claims to be assigned, in whole or in part, based on the insurance carrier, self-insured employer or state insurance fund that is receiving or will receive reimbursement on those claims from the second disability fund. Such grouping shall be permissible notwithstanding that any insurance carrier may have greater access to information, or may be able to provide better terms, in regard to claims so grouped. (3) [Any such contract shall expressly provide that the special disa- bility fund is no longer liable for the claims covered by the contract, and require security of either cash, an indemnity policy, or such secu- rity as is otherwise sufficient to cover any losses incurred as a result of the failure or default of the entity or entities awarded any such contract, including as a result of the insolvency of any such entity. The chair may waive all or part of such security, and may impose other reasonable methods of insuring payment, upon approval of the special disability fund advisory committee] ANY POLICY EXECUTED BY THE CHAIR PURSUANT TO THIS SECTION SHALL BE IN THE FORM OF AN ASSUMPTION OF WORK- ERS' COMPENSATION LIABILITY INSURANCE POLICY SECURING SUCH FURTHER AND FUTURE CONTINGENT LIABILITY AS MAY ARISE FROM ANY CLAIM COVERED BY SUCH POLICY, INCLUDING PRIOR INJURIES TO WORKERS AND BE INCURRED BY REASON OF ANY CHANGE IN THE CONDITION OF SUCH WORKERS WARRANTING THE BOARD MAKING SUBSEQUENT AWARDS FOR PAYMENT OF ADDITIONAL COMPENSATION. SUCH POLICY SHALL BE IN A FORM APPROVED BY THE SUPERINTENDENT OF FINANCIAL SERVICES AND ISSUED BY THE STATE INSURANCE FUND OR ANY INSURANCE COMPANY LICENSED TO ISSUE THIS CLASS OF INSURANCE IN THIS STATE. IN THE EVENT THAT SUCH POLICY IS ISSUED BY AN INSURANCE COMPANY OTHER THAN THE STATE INSURANCE S. 6405--A 36 A. 9005--A FUND, THEN SAID POLICY SHALL BE DEEMED OF THE KIND SPECIFIED IN PARA- GRAPH FIFTEEN OF SUBSECTION (A) OF SECTION ONE THOUSAND ONE HUNDRED THIRTEEN OF THE INSURANCE LAW AND COVERED BY THE WORKERS' COMPENSATION SECURITY FUND AS CREATED AND GOVERNED BY ARTICLE SIX-A OF THIS CHAPTER. SUCH POLICY SHALL ONLY BE ISSUED FOR A SINGLE COMPLETE PREMIUM PAID IN ADVANCE AND IN AN AMOUNT DEEMED ACCEPTABLE BY THE CHAIR AND THE SUPER- INTENDENT OF FINANCIAL SERVICES. WHEN ISSUED SUCH POLICY SHALL BE NON-CANCELLABLE WITHOUT RECOURSE FOR ANY CAUSE DURING THE CONTINUANCE OF THE LIABILITY SECURED AND SO COVERED. (4) Notwithstanding any other provision of this article, the waiver agreement management office may request in writing any information rele- vant to its entry into or management of waiver agreements from (A) any insurance carrier, employer, or the state insurance fund, if that entity has submitted a claim for reimbursement from the special disability fund as to the claimant to whom the information relates; or (B) the special funds conservation committee. The party to whom the request is made shall provide the requested information within fourteen days of the request, unless before that date it files an objection with the board to any information which is subject to a recognized privilege or whose production is otherwise barred by law. The objecting party shall provide the requested information within five business days of the board's rejection of its objection. (5) No carrier, self-insured employer or the state insurance fund shall assume the liability for, or management, administration or settle- ment of any claims under this section on which it holds reserves, beyond such reserves as are permitted by regulation of the superintendent of financial services for purposes of this provision. No carrier may assume liability for any claims in the special disability fund under this para- graph unless the carrier maintains, on a stand alone basis, separate from its parent or any affiliated entities, an interactive financial strength rating from a nationally recognized statistical rating organ- ization that is considered secure or deemed acceptable by the special disability fund advisory committee. (6) The director of the budget shall notify in writing the chairs of the senate finance committee and the assembly ways and means committee of any plans to transfer all or a portion of the portfolio of claims determined to be eligible for reimbursement from the special disability fund or to [contract with any party to take responsibility in whole or in part for the administration of a material portion of the claims, including the procurement process to be used to select parties involved in such transfer or contract] ENTER INTO AN ASSUMPTION OF WORKERS' COMPENSATION LIABILITY INSURANCE POLICY, not less than forty-five days prior to the commencement of such process. At any time borrowing is anticipated to settle claims, the chief executive officer of the dormi- tory authority of the state of New York and the director of the budget shall provide a report to the chairs of the senate finance committee and the assembly ways and means committee on a planned bond sale of the authority and such report shall include, but not be limited to: (A) the maximum amount of bonds expected to be sold by the authority in connection with a sale agreement; (B) the expected maximum interest rate and maturity date of such bonds; (C) the expected amount of the bonds that will be fixed and/or variable interest rate; (D) the estimated costs of issuance; (E) the estimated level or levels of reserve fund or funds, if any; (F) the estimated cost of bond issuance, if any; (G) the anticipated use or uses of the proceeds; (H) the maximum expected net proceeds that will be paid to the state as a result of the issuance of S. 6405--A 37 A. 9005--A such bonds; and (I) the process to be used to select parties to the transaction. Any such expectations and estimates in the report shall not be deemed a substantive limitation on the authority of the dormitory authority of the state of New York. S 15. Subdivisions 1 and 8 of section 151 of the workers' compensation law, as added by section 22 of part GG of chapter 57 of the laws of 2013, are amended to read as follows: 1. The annual expenses necessary for the board to administer the provisions of this chapter, the volunteer ambulance workers' benefit law, the volunteer firefighters' benefit law, the disability benefits law, and the workmen's compensation act for civil defense volunteers shall be borne by affected employers securing compensation for their employees pursuant to section fifty of this chapter. The board shall collect such annual expenses from affected employers through assessments as provided by the provisions of this section, including for purposes of this subdivision: (a) the aggregate assessment amount described in subparagraph four of paragraph (h) of subdivision eight of section fifteen of this chapter for the special disability fund in accordance with each financing agreement described in such subparagraph, (b) the aggregate assessment amount described in section fifty-c of this chapter for the self-insurer offset fund in accordance with each financing agreement described in such section, (c) the AGGREGATE assessment amount described in subdivision three of section twenty-five-a of this chapter for the fund for reopened cases IN ACCORDANCE WITH EACH FINANCING AGREE- MENT DESCRIBED IN SUCH SECTION, and (d) the assessment amount described in section two hundred fourteen of this chapter for the special fund for disability benefits; provided, that the foregoing and any other provision of this chapter to the contrary notwithstanding, assessment receipts shall be applied first to fully fund the AGGREGATE amount described in subparagraph four of paragraph (h) of subdivision eight of section fifteen of this chapter PURSUANT TO A SPECIAL DISABILITY FUND FINANCING AGREEMENT ENTERED INTO BY THE DORMITORY AUTHORITY PRIOR TO MARCH THIRTY-FIRST, TWO THOUSAND THIRTEEN PURSUANT TO SECTION SIXTEEN HUNDRED EIGHTY-L OF THE PUBLIC AUTHORITIES LAW, and then to fully fund the AGGREGATE amount described in SUBPARAGRAPH FOUR OF PARAGRAPH (H) OF SUBDIVISION EIGHT OF SECTION FIFTEEN, IN SUBDIVISION THREE OF SECTION TWENTY-FIVE-A OF THIS CHAPTER AND IN section fifty-c of this chapter in accordance with each SUCH then applicable SPECIAL DISABILITY FUND FINANCING AGREEMENT ENTERED INTO BY THE DORMITORY AUTHORITY ON OR SUBSE- QUENT TO MARCH THIRTY-FIRST, TWO THOUSAND THIRTEEN, PURSUANT TO SECTION SIXTEEN HUNDRED EIGHTY-L OF THE PUBLIC AUTHORITIES LAW, WITH EACH SUCH THEN APPLICABLE FUND FOR REOPENED CASES FINANCING AGREEMENT ENTERED INTO BY THE DORMITORY AUTHORITY PURSUANT TO SUCH PROVISION OR WITH EACH THEN APPLICABLE SELF-INSURED BOND financing agreement [pursuant to such provisions] ENTERED INTO BY THE DORMITORY AUTHORITY PURSUANT TO SECTION SIXTEEN HUNDRED EIGHTY-L OF THE PUBLIC AUTHORITIES LAW, RESPECTIVELY, prior to application to any other purpose other than to pay any actual costs of collecting such assessment that are not otherwise funded. For purposes of this section, affected employer means all employers required to obtain workers' compensation coverage pursuant to this chapter. 8. The foregoing and every other [prevision] PROVISION of law to the contrary notwithstanding, all moneys received on account of the assess- ment authorized by this section shall be deposited upon receipt into the administrative clearing account held by the commissioner of taxation and finance and applied, as pledged assessments for purposes of sections sixteen hundred eighty-l and sixteen hundred eighty-q of the public S. 6405--A 38 A. 9005--A authorities law and prior to any other application: first, in accordance with any other provision of any special disability fund financing agree- ment entered into prior to March thirty-first, two thousand thirteen, to the extent required to fully fund the then current payment and reserve requirements under such financing agreement WITH RESPECT TO THE BONDS ISSUED BY THE DORMITORY AUTHORITY PURSUANT TO SECTION SIXTEEN HUNDRED EIGHTY-L OF THE PUBLIC AUTHORITIES LAW PRIOR TO SUCH DATE; and second, in accordance with each special disability fund financing agreement ENTERED INTO ON OR SUBSEQUENT TO MARCH THIRTY-FIRST, TWO THOUSAND THIR- TEEN, EACH FUND FOR REOPENED CASES FINANCING AGREEMENT and each self-in- sured bond financing agreement, to the extent required to fully fund the then current payment and reserve requirements under each such financing agreement [entered into after March thirty-first, two thousand thirteen] with respect to bonds issued by the dormitory authority pursuant to either section sixteen hundred eighty-l or section sixteen hundred eighty-q of the public authorities law, on a pari passu basis without preference or priority among all such other bonds. Such monies shall not be commingled with any other monies in the commissioner's custody prior to the completion of such application and shall not be deemed to be part of the state treasury or of any funds under management of the state OR BE DEEMED MONEY OF THE STATE OR MONEY UNDER CONTROL OF THE STATE. This section shall not be deemed to authorize any infringement upon the rights of holders of such bonds issued or to be issued under such sections of the public authorities law. The provisions of this section may be included by the dormitory authority in any contract with the holders of any such bonds. The operation of this section and the appli- cation of the receipts of the assessment authorized by this section shall be subject to the provisions of each financing agreement author- ized pursuant to subparagraph four of paragraph (h) of subdivision eight of section fifteen [or to] OF THIS CHAPTER, section fifty-c of this chapter, OR SUBDIVISION THREE OF SECTION TWENTY-FIVE-A OF THIS CHAPTER and this section shall not be deemed to authorize any infringement upon the rights of holders of bonds issued or to be issued pursuant to either such provision. S 16. Subdivision 3 of section 25 of the workers' compensation law is amended by adding a new paragraph (g) to read as follows: (G) NOTWITHSTANDING ANY OTHER PROVISION IN THIS CHAPTER, THE CHAIR MAY BY REGULATION ELECT TO ESTABLISH A PERFORMANCE STANDARD CONCERNING THE SUBJECT OF ANY PENALTY OR ASSESSMENT PROVISION APPLICABLE TO AN INSUR- ANCE CARRIER OR SELF-INSURED EMPLOYER, WHERE SUCH PENALTY OR ASSESSMENT IS REMITTABLE TO THE NEW YORK STATE TREASURY, OR CHAIR, BUT NOT TO CLAIMANTS OR ANY OTHER PAYEE OR FUND, AND IMPOSE A SINGLE PENALTY OR ASSESSMENT UPON THE FAILURE TO MEET THAT PROMULGATED STANDARD, WITH NOTICE TO THE CARRIER OR SELF-INSURED EMPLOYER. THE PENALTY OR ASSESS- MENT IMPOSED IN THE AGGREGATE SHALL BE PAYABLE TO THE CHAIR. SUCH AGGRE- GATE PENALTY OR ASSESSMENT IMPOSED IN THE AGGREGATE SHALL BE PAYABLE TO THE CHAIR. SUCH AGGREGATE PENALTY OR ASSESSMENT SHALL BE BASED UPON THE NUMBER OF VIOLATIONS AS MULTIPLIED AGAINST THE APPLICABLE PENALTY OR ASSESSMENT, BUT MAY BE NEGOTIATED BY THE CHAIR'S DESIGNEE IN FULL SATIS- FACTION OF THE PENALTY OR ASSESSMENT. A FINAL AGREEMENT BETWEEN THE CHAIR'S DESIGNEE AND THE CARRIER OR SELF-INSURED EMPLOYER MAY BE SUBMIT- TED AND APPROVED SUBJECT TO SECTION THIRTY-TWO OF THIS ARTICLE, WITHOUT NOTICE TO ANY CLAIMANT. ANY AGGREGATE PENALTY OR ASSESSMENT ISSUED IN THIS SECTION SHALL BE ISSUED ADMINISTRATIVELY, AND THE CHAIR MAY, BY REGULATION, SPECIFY THE METHOD OF REVIEW OR REDETERMINATION, AND THE PRESENTMENT OF EVIDENCE AND OBJECTIONS SHALL OCCUR SOLELY UPON THE S. 6405--A 39 A. 9005--A DOCUMENTATION. THE CARRIER OR SELF-INSURED EMPLOYER SHALL RECEIVE CREDIT FOR ANY INSTANCES IN WHICH THE AGGREGATE PENALTY OR ASSESSMENT IS INCLU- SIVE OF A PENALTY OR ASSESSMENT PREVIOUSLY ISSUED AND PAID IN AN INDI- VIDUAL CLAIM OR PROCEEDING. A FINAL DETERMINATION IS SUBJECT TO REVIEW UNDER SECTION TWENTY-THREE OF THIS ARTICLE, EXCEPT THAT NO STAY IN PAYMENT OF THE PENALTY OR ASSESSMENT SHALL APPLY PENDING THE OUTCOME OF THE APPLICATION FOR ADMINISTRATIVE REVIEW. FAILURE TO PAY THE FINALLY DETERMINED PENALTY OR ASSESSMENT, OR THE PENALTY OR ASSESSMENT AGREED UPON PURSUANT TO SECTION THIRTY-TWO OF THIS ARTICLE, WITHIN TEN DAYS OF FILING, SHALL RESULT IN THE IMPOSITION OF A TWENTY PERCENT PENALTY, PAYABLE TO THE CHAIR. IN THE EVENT OF THE CARRIER OR SELF-INSURED EMPLOYER INSTITUTING OR CONTINUING AN ISSUE WITHOUT REASONABLE GROUNDS, THE PROVISIONS OF SUBDIVISION THREE OF SECTION ONE HUNDRED FOURTEEN-A OF THIS CHAPTER SHALL BE APPLICABLE. S 17. Subparagraph (c) of paragraph 7 of subdivision 3-a of section 50 of the workers' compensation law, as amended by section 4 of part R of chapter 56 of the laws of 2010, is amended to read as follows: (c) Upon the assumption of the assets and liabilities of a group self- insurer by the chair or his or her designee pursuant to regulation of the chair, all records, documents and files of whatever nature, pertain- ing to the group self-insurer, INCLUDING BUT NOT LIMITED TO ANY PROCURE- MENT RECORDS OF THE GROUP SELF-INSURER WITH RESPECT TO AN ASSUMPTION OF WORKERS' COMPENSATION LIABILITY INSURANCE POLICY, be they in the possession of the group self-insurer or a third party, and all remaining assets of the group self-insurer, shall become the property of the chair[. All] AND ANY SUCH ASSUMPTION OF WORKERS' COMPENSATION LIABILITY INSURANCE POLICY SHALL BE DEEMED OWNED AND ENFORCEABLE BY THE CHAIR FROM ALL custodians of such records and/or funds shall turn over to the chair or his designee all such original records upon demand. S 18. Subdivision 3 of section 50 of the workers' compensation law, as amended by section 3 of part G of chapter 57 of the laws of 2011 and the closing paragraph as further amended by section 104 of part A of chapter 62 of the laws of 2011, is amended to read as follows: 3. By furnishing satisfactory proof to the chair of his financial ability to pay such compensation for himself, [or to pay such compen- sation on behalf of a group of employers in accordance with subdivision ten of this section, in which case the chair shall require the] IN WHICH CASE ALL ELIGIBLE INDIVIDUAL SELF-INSURED EMPLOYERS SHALL COLLECTIVELY SECURE THEIR LIABILITY FOR THE PAYMENT OF WORKERS' COMPENSATION OBLI- GATIONS THROUGH PARTICIPATION IN THE POOLED INDIVIDUAL SELF-INSURED EMPLOYER FUND. NOTWITHSTANDING ANY OTHER PROVISION OF THIS SECTION, THE CHAIR SHALL, BY REGULATION, SET MINIMUM CREDIT, FINANCIAL, OR OTHER CONDITIONS THAT AN INDIVIDUAL SELF-INSURED EMPLOYER MUST MEET IN ORDER TO PARTICIPATE IN THE POOLED SECURITY SYSTEM. IN THE EVENT ANY EXISTING INDIVIDUAL SELF-INSURED EMPLOYER IS UNABLE TO MEET THE CONDITIONS SET BY THE CHAIR, THE EXISTING INDIVIDUAL SELF-INSURED EMPLOYER SHALL BE EXCLUDED FROM PARTICIPATION IN THE POOLED INDIVIDUAL SELF-INSURED EMPLOYER FUND AND THE EXISTING INDIVIDUAL SELF-INSURED EMPLOYER SHALL POST A SEPARATE SECURITY DEPOSIT IN THE MANNER PROVIDED BY PARAGRAPH (H) OF THIS SUBDIVISION. THE CHAIR SHALL PROMULGATE REGULATIONS REQUIRING THE CHAIR TO SET AN AGGREGATE SECURITY REQUIREMENT FOR ALL INDIVIDUAL SELF-INSURED EMPLOYERS PARTICIPATING IN THE POOLED INDIVIDUAL SELF-IN- SURED EMPLOYER FUND BASED ON A REVIEW OF ALL PARTICIPATING INDIVIDUAL SELF-INSURED EMPLOYERS ANNUAL REPORTS AND ANY OTHER INFORMATION AS MAY BE SPECIFIED BY THE CHAIR. THE CHAIR SHALL PROCURE AND MAINTAIN IN THE POOLED INDIVIDUAL SELF-INSURED EMPLOYER FUND A COMBINATION OF CASH AND S. 6405--A 40 A. 9005--A INVESTMENT SECURITIES SATISFACTORY TO PROVIDE ADEQUATE SECURITY TO SECURE THE PAYMENT OF THE AGGREGATE WORKERS' COMPENSATION OBLIGATIONS OF ALL INDIVIDUAL SELF-INSURED EMPLOYERS PARTICIPATING IN THE FUND AS WELL AS ANY AMOUNTS AS MAY BE REASONABLY NECESSARY TO PAY FOR THE ADMINISTRA- TIVE AND OTHER ACTIVITIES OF THE FUND. THIS AMOUNT SHALL BE KNOWN AS THE AGGREGATE POOLED SECURITY AMOUNT. EACH PARTICIPATING INDIVIDUAL SELF-IN- SURED EMPLOYER SHALL PAY THE INITIAL ENTRY FEE REQUIRED HEREIN DURING THEIR FIRST YEAR OF PARTICIPATION IN THE FUND. THIS AMOUNT SHALL BE KNOWN AS THE POOL DEPOSIT FEE. THEREAFTER, ON AN ANNUAL BASIS, THE CHAIR SHALL EVALUATE THE CONDITION AND SUFFICIENCY OF THE AGGREGATE POOLED SECURITY AMOUNT. WHERE NECESSARY, THE CHAIR SHALL REQUIRE EACH PARTIC- IPATING INDIVIDUAL SELF-INSURED EMPLOYER TO PAY A PARTICIPATION FEE, ON A PRO RATA BASIS, SUFFICIENT TO BRING THE POOLED INDIVIDUAL SELF-INSURED EMPLOYER FUND UP TO THE AGGREGATE POOLED SECURITY AMOUNT. THIS AMOUNT SHALL BE KNOWN AS THE POOL PARTICIPATION FEE. A PARTICIPATING INDIVIDUAL SELF-INSURED EMPLOYER'S OBLIGATION TO PAY EITHER THE POOL DEPOSIT FEE OR SUBSEQUENT POOL PARTICIPATION FEES SHALL CONTINUE, REGARDLESS OF THE INDIVIDUAL SELF-INSURED EMPLOYER'S CESSATION OF PARTICIPATION IN THE POOLED INDIVIDUAL SELF-INSURED EMPLOYER FUND, FOR SO LONG AS THE FORMER SELF-INSURED EMPLOYER SHALL CONTINUE TO HAVE WORKERS' COMPENSATION OBLI- GATIONS ATTRIBUTABLE TO ITS PERIOD OF PARTICIPATION IN THE POOLED INDI- VIDUAL SELF-INSURED EMPLOYER FUND. (A) IN ORDER TO PROVIDE FOR THE AGGREGATE POOLED SECURITY AMOUNT, EACH PARTICIPATING INDIVIDUAL SELF-INSURED EMPLOYER SHALL PAY TO THE CHAIR ITS POOL DEPOSIT FEE AND ANY ANNUAL POOL PARTICIPATION FEE WITHIN THIRTY DAYS OF DEMAND BY THE CHAIR. THE AMOUNT OF THE POOL DEPOSIT FEE AND POOL PARTICIPATION FEE PAID BY EACH PARTICIPATING INDIVIDUAL SELF-INSURED EMPLOYER SHALL BE SET BY THE CHAIR, BASED ON HIS OR HER REASONABLE CONSIDERATION, OF ALL THE FOLLOWING FACTORS: (I) THE TOTAL AMOUNT NEEDED TO PROVIDE THE POOLED SECURITY DEPOSIT AMOUNT; (II) THE INDIVIDUAL SELF-INSURED EMPLOYER'S PAID OR INCURRED LIABIL- ITIES AS REFLECTED IN ITS ANNUAL REPORT; (III) THE FINANCIAL STRENGTH AND CREDITWORTHINESS OF THE INDIVIDUAL SELF-INSURED EMPLOYER; (IV) ANY OTHER REASONABLE FACTORS AS MAY BE AUTHORIZED BY REGULATION. (B) WITHIN THIRTY (30) BUSINESS DAYS OF THE PARTICIPATING INDIVIDUAL SELF-INSURED EMPLOYER PAYING ITS POOL DEPOSIT FEE, THE CHAIR SHALL RELEASE THE SECURITY DEPOSIT POSTED BY THE SELF-INSURED EMPLOYER AND HELD BY THE CHAIR PURSUANT TO PARAGRAPH (H) OF THIS SECTION. UPON PAYMENT OF THE POOL DEPOSIT FEE AND ANY SUBSEQUENT POOL PARTICIPATION FEES, AND EXCEPT AS PROVIDED HEREIN, THE INDIVIDUAL SELF-INSURED EMPLOY- ER LOSES ALL RIGHT, TITLE, AND INTEREST IN THE POOL DEPOSIT FEE AND POOL PARTICIPATION FEE. TO THE EXTENT THAT IN ANY ONE YEAR THE POOL DEPOSIT FEE OR POOL PARTICIPATION FEE PAID BY ALL PARTICIPATING INDIVIDUAL SELF-INSURERS IS NOT EXHAUSTED IN THE PURCHASE OF INVESTMENT SECURITIES OBTAINED BY THE CHAIR AS PART OF THE AGGREGATE POOLED SECURITY AMOUNT, THE SURPLUS SHALL REMAIN WITH THE CHAIR AND THE PRINCIPAL AND INTEREST EARNED ON THAT SURPLUS SHALL BE USED TO REDUCE ANY FUTURE POOL FEES IN SUBSEQUENT YEARS. (C) IF ANY PARTICIPATING INDIVIDUAL SELF-INSURED EMPLOYER OBJECTS TO THE CALCULATION, POSTING, OR ANY OTHER ASPECT OF ITS POOL FEES, UPON PAYMENT OF THE POOL FEE IN THE TIME PROVIDED, THE EMPLOYER SHALL HAVE THE RIGHT TO APPEAL THE POOL FEE TO THE CHAIR, WHO SHALL HAVE EXCLUSIVE JURISDICTION OVER THIS DISPUTE. IF ANY PARTICIPATING INDIVIDUAL SELF-IN- SURED EMPLOYER FAILS TO PAY EITHER ITS POOL DEPOSIT FEE OR POOL PARTIC- S. 6405--A 41 A. 9005--A IPATION FEE IN THE TIME PROVIDED, THE EMPLOYER SHALL: (I) BE REMOVED FROM THE POOLED INDIVIDUAL SELF-INSURED EMPLOYER FUND; AND (II) PAY A PENALTY OF NOT LESS THAN TEN (10) PERCENT NOR MORE THAN THIRTY (30) PERCENT OF ITS POOL FEE. THE PENALTY SHALL BE PAID DIRECTLY TO THE POOLED INDIVIDUAL SELF-INSURED EMPLOYER FUND. IN THE EVENT THAT THE SELF-INSURED EMPLOYER FAILS OR NEGLECTS TO PAY THE PENALTY WITHIN THIRTY DAYS, THE EMPLOYER SHALL BE DEEMED IN DEFAULT IN THE PAYMENT OF COMPEN- SATION TO ITS EMPLOYEES AND THE CHAIR MAY FILE A JUDGMENT AGAINST THE SELF-INSURED EMPLOYER, PURSUANT TO THE PROVISIONS OF SECTION TWENTY-SIX OF THIS CHAPTER, IN THE AMOUNT OF THE UNPAID PENALTY. THE CHAIR MAY ALSO REVOKE THE AUTHORIZATION TO SELF-INSURE OF ANY INDIVIDUAL SELF-INSURED EMPLOYER WHO FAILS TO PAY A POOL FEE IN THE TIME PROVIDED IN WHICH CASE THE EMPLOYER MUST INSURE THE PAYMENT OF SUCH COMPENSATION IN THE STATE FUND OR WITH ANY STOCK CORPORATION, MUTUAL CORPORATION OR RECIPROCAL INSURER AUTHORIZED TO TRANSACT THE BUSINESS OF WORKERS' COMPENSATION INSURANCE IN THIS STATE THROUGH A POLICY ISSUED UNDER THE LAW OF THIS STATE WITHIN THIRTY DAYS. (D) UPON THE CHAIR'S POSTING OF THE AGGREGATE POOLED SECURITY AMOUNT IN THE POOLED INDIVIDUAL SELF-INSURED EMPLOYER FUND, SAID SECURITY SHALL BE PAID OVER TO THE COMMISSIONER OF TAX AND FINANCE, AS CUSTODIAN OF THE FUND UNTIL THE CHAIR DETERMINES THAT A PARTICIPATING INDIVIDUAL SELF-IN- SURED EMPLOYER HAS FAILED OR NEGLECTED TO MEET ITS WORKERS' COMPENSATION OBLIGATIONS AS REQUIRED BY THIS CHAPTER, AND THE CHAIR DIRECTS THE COMMISSIONER OF TAX AND FINANCE TO COMMENCE PAYMENT OF SUCH UNMET SELF- INSURANCE OBLIGATIONS THE POOLED INDIVIDUAL SELF-INSURED EMPLOYER FUND CONSISTENT WITH THE PROVISIONS OF PARAGRAPH (E) OF THIS SUBDIVISION. UPON ORDERING THE POOLED INDIVIDUAL SELF-INSURED EMPLOYER FUND TO COMMENCE PAYMENT, THE COMMISSIONER OF TAX AND FINANCE SHALL UTILIZE THE AGGREGATE POOLED SECURITY AMOUNT NECESSARY TO MEET THE WORKERS' COMPEN- SATION OBLIGATIONS OF THE DEFAULTING PARTICIPATING INDIVIDUAL SELF-IN- SURED EMPLOYER. IN THE EVENT ADDITIONAL FUNDS ARE NEEDED IN FUTURE YEARS TO MEET THE WORKERS' COMPENSATION OBLIGATIONS OF ANY FORMER PARTICIPAT- ING INDIVIDUAL SELF-INSURED EMPLOYER, WHO THEREAFTER DEFAULTS WITH RESPECT TO ITS OBLIGATIONS INCURRED DURING ITS PERIOD OF PARTICIPATION IN THE POOLED INDIVIDUAL SELF-INSURED EMPLOYER FUND, THE CHAIR SHALL DIRECT THE COMMISSIONER OF TAX AND FINANCE TO MAKE AVAILABLE TO THE POOLED INDIVIDUAL SELF-INSURED EMPLOYER FUND ANY PORTIONS OF THE AGGRE- GATE POOLED SECURITY AMOUNT AS MAY BE NEEDED TO PAY THOSE BENEFITS. IN THE DISCRETION OF THE CHAIR, IN THE EVENT THAT THE OBLIGATIONS ASSOCI- ATED WITH THE DEFAULT OF PARTICIPATING INDIVIDUAL SELF-INSURED EMPLOYERS ARE SUCH THAT THEY JEOPARDIZE THE SOLVENCY OF THE POOLED INDIVIDUAL SELF-INSURED EMPLOYER FUND, THE CHAIR MAY REQUEST THAT THE DORMITORY AUTHORITY OF THE STATE OF NEW YORK ISSUE BONDS, CONSISTENT WITH SECTION SIXTEEN HUNDRED EIGHTY-Q OF THE PUBLIC AUTHORITIES LAW, AND PURSUANT TO SELF-INSURED BOND FINANCE AGREEMENT DESCRIBED IN SECTION FIFTY-C OF THIS ARTICLE TO MEET SUCH UNMET OBLIGATIONS OF SELF-INSURED EMPLOYERS. (E) THE CASH PORTION OF THE AGGREGATE POOLED SECURITY AMOUNT SHALL BE SEGREGATED FROM ALL OTHER FUNDS HELD UNDER THE WORKERS' COMPENSATION LAW, AND SHALL BE INVESTED AS HEREIN PROVIDED FOR THE SOLE BENEFIT OF THE POOLED INDIVIDUAL SELF-INSURED EMPLOYER FUND, AND MAY NOT BE USED FOR ANY OTHER PURPOSE BY THE STATE. THE COMMISSIONER OF TAX AND FINANCE SHALL BE THE CUSTODIAN OF THE POOLED INDIVIDUAL SELF-INSURED EMPLOYER FUND AND ALL DISBURSEMENTS FROM SAID FUND SHALL BE MADE BY THE COMMIS- SIONER OF TAX AND FINANCE UPON VOUCHERS SIGNED BY THE CHAIR OF THE WORK- ERS' COMPENSATION BOARD OR HIS OR HER DESIGNEE. MONIES NOT REQUIRED FOR IMMEDIATE USE OR DISBURSEMENT MAY BE INVESTED BY THE COMMISSIONER OF TAX S. 6405--A 42 A. 9005--A AND FINANCE IN OBLIGATIONS OF THE STATE OR THE UNITED STATES GOVERNMENT OR OBLIGATIONS THE PRINCIPAL AND INTEREST OF WHICH ARE GUARANTEED BY THE STATE OR THE UNITED STATES OR IN ANY OTHER OBLIGATIONS IN WHICH THE COMPTROLLER OF THE STATE IS AUTHORIZED TO INVEST PURSUANT TO SECTION NINETY-EIGHT OF THE STATE FINANCE LAW. THE COMMISSIONER OF TAX AND FINANCE MAY SELL ANY OF THE SECURITIES OR CERTIFICATES OF DEPOSIT IN WHICH SAID FUND IS INVESTED, IF ADVISABLE FOR ITS PROPER ADMINISTRATION OR IN THE BEST INTEREST OF SUCH FUND, AND ALL EARNINGS FROM THE INVEST- MENTS OF SUCH FUND SHALL BE CREDITED TO SUCH FUND. (F) THE CHAIR SHALL IMPLEMENT THE PROVISIONS OF THIS SUBDIVISION BY PROMULGATING RULES AND REGULATIONS BUT NO SUCH RULES OR REGULATIONS SHALL BE NECESSARY FOR ANY PROVISION OF THIS SUBDIVISION TO BE EFFEC- TIVE. (G) FOR THOSE INDIVIDUAL EMPLOYERS SELF-INSURING PURSUANT TO PARAGRAPH (H) OF THIS SUBDIVISION, SAID EMPLOYERS SHALL ALSO PAY AN ANNUAL FEE TO THE CHAIR FOR DEPOSIT INTO THE POOLED INDIVIDUAL SELF-INSURANCE FUND. THE CHAIR SHALL CALCULATE THIS ANNUAL FEE IN THE SAME MANNER AS POOL FEES SET FORTH ABOVE. (H) FOR THOSE EMPLOYERS WHO SELF-INSURED INDIVIDUALLY AS OF THE EFFEC- TIVE DATE OF THE POOLED INDIVIDUAL SELF-INSURED EMPLOYER FUND BUT WHICH DO NOT MEET THE QUALIFICATIONS FOR PARTICIPATION THEREIN, AND FOR THOSE EMPLOYERS WHO SELF-INSURE FOR ARTICLE 9 BENEFITS, SUCH INDIVIDUAL SELF- INSURED EMPLOYER SHALL deposit with the chair of such securities as the chair may deem necessary of the kind prescribed in subdivisions one, two, three, four and five, and subparagraph (a) of paragraph three of subdivision seven of section two hundred thirty-five of the banking law, or the deposit of cash, or the filing of irrevocable letters of credit issued by a qualified banking institution as defined by rules promulgat- ed by the chair or the filing of a bond of a surety company authorized to transact business in this state, in an amount to be determined by the chair, or the posting and filing as aforesaid of a combination of such securities, cash, irrevocable letters of credit and surety bond in an amount to be determined by the chair, to secure his liability to pay the compensation provided in this chapter. Any such surety bond must be approved as to form by the chair. If an employer [or group of employers] posts and files a combination of securities, cash, irrevocable letters of credit and surety bond as aforesaid, and if it becomes necessary to use the same to pay the compensation provided in this chapter, the chair shall first use such securities or cash or irrevocable letters of credit and, when the full amount thereof has been exhausted, he shall then require the surety to pay forthwith to the chair all or any part of the penal sum of the bond for that purpose. The chair may also require an agreement on the part of the employer [or group of employers] to pay any awards commuted under section twenty-seven of this chapter, into the special fund of the state fund, as a condition of his being allowed to remain [uninsured] SELF-INSURED pursuant to this section. The chair shall have the authority to deny the application of an employer [or group of employers] to pay such compensation for himself or to revoke his consent furnished, under this section at any time, for good cause shown. [The] AN INDIVIDUAL employer [or group of employers] qualifying under this subdivision shall be known as [a] AN INDIVIDUAL self-insurer. If for any reason the status of an employer [or group of employers] under this subdivision is terminated, the securities or the surety bond, or the securities, cash, or irrevocable letters of credit and surety bond, on deposit referred to herein shall remain in the custody of the chair for such time as the chair may deem proper and warranted under the S. 6405--A 43 A. 9005--A circumstances. In lieu thereof, and at the discretion of the chair, the employer, his or her heirs or assigns or others carrying on or liquidat- ing such business, may execute an assumption of workers' compensation liability insurance policy securing such further and future contingent liability as may arise from prior injuries to workers and be incurred by reason of any change in condition of such workers warranting the board making subsequent awards for payment of additional compensation. Such policy shall be in a form approved by the superintendent of financial services and issued by the state fund or any insurance company licensed to issue this class of insurance in this state. In the event that such policy is issued by an insurance company other than the state fund, then said policy shall be deemed of the kind specified in paragraph fifteen of subsection (a) of section one thousand one hundred thirteen of the insurance law and covered by the workers' compensation security fund as created and governed by article six-A of this chapter. It shall only be issued for a single complete premium payment in advance by the employer [or group of employers] and in an amount deemed acceptable by the chair and the superintendent of financial services. In lieu of the applicable premium charge ordinarily required to be imposed by a carrier, said premium shall include a surcharge in an amount to be determined by the chair to: (i) satisfy all assessment liability due and owing to the board and/or the chair under this chapter; and (ii) satisfy all future assessment liability under this section[, and which surcharge shall be adjusted from time to time to reflect any changes to the assessment of group self-insured employers, including any changes enacted by the chap- ter of the laws of two thousand eleven amending sections fifteen and one hundred fifty-one of this chapter]. Said surcharge shall be payable to the board simultaneous to the execution of the assumption of workers' compensation liability insurance policy. However, the payment of said surcharge does not relieve the carrier from any other liability, includ- ing liability owed to the superintendent of financial services pursuant to article six-A of this chapter. When issued such policy shall be non- cancellable without recourse for any cause during the continuance of the liability secured and so covered. (I) THERE IS ESTABLISHED AN ADVISORY COMMITTEE FOR THE POOLED INDIVID- UAL SELF-INSURED EMPLOYER FUND WHOSE MEMBERSHIP SHALL CONSIST OF THE CHAIR OR HIS OR HER DESIGNEE, FOUR REPRESENTATIVES OF INDIVIDUAL SELF-INSURERS NOMINATED BY THE NEW YORK STATE SELF-INSURANCE ASSOCIATION AND APPROVED BY THE CHAIR, AND FOUR MEMBERS TO BE APPOINTED BY THE GOVERNOR AS FOLLOWS: ONE UPON NOMINATION OF THE SPEAKER OF THE ASSEMBLY, ONE UPON NOMINATION OF THE TEMPORARY PRESIDENT OF THE SENATE, AND TWO OTHERS WITHOUT LIMITATION. THE ADVISORY COMMITTEE SHALL MEET NO LESS THAN ANNUALLY AND SHALL PREPARE A REPORT AVAILABLE TO THE PUBLIC FOR INSPECTION ON OR BEFORE FEBRUARY FIRST, OF EACH YEAR MAKING RECOMMENDA- TIONS CONCERNING: (I) THE STANDARDS FOR PARTICIPATION IN THE POOL; (II) THE ADEQUACY OF THE FUNDING OF THE POOL; (III) PAYMENT OF CLAIMS INSURED BY DEFAULTED POOL PARTICIPANTS; (IV) THE LONG TERM VIABILITY OF THE POOL; AND (V) SUCH OTHER TOPICS RELATED TO THE POOL AS THE ADVISORY COMMITTEE MAY DEEM NECESSARY. S 19. Paragraphs c, f, and g of subdivision 5 of section 50 of the workers' compensation law, as amended by chapter 139 of the laws of 2008, are amended to read as follows: c. (1) The chair and the department of audit and control as soon as practicable after May first, nineteen hundred sixty, and annually there- S. 6405--A 44 A. 9005--A after, as soon as practicable after April first in each succeeding year, shall ascertain the total amount of net expenses, including (a) adminis- trative expenses, which shall include the direct costs of personal services, the cost of maintenance and operation, the cost of retirement contributions made and workers' compensation premiums paid by the State for or on account of personnel, rentals for space occupied in state owned or state leased buildings, and (b) all direct or indirect costs incurred by the board during the preceding fiscal year in carrying out the provisions of subdivision three and three-a of this section EXCEPT THOSE EXPENSES ASSOCIATED WITH THE POOLED INDIVIDUAL SELF-INSURED EMPLOYERS FUND. Such expenses shall be adjusted quarterly to reflect any change in circumstances, and shall be assessed against all private self-insured employers, including for this purpose active and terminated group self-insurers, active individual self-insured employers, and indi- vidual self-insured employers who have ceased to exercise the privilege of self-insurance INCLUDING THOSE INDIVIDUAL SELF-INSURED EMPLOYERS PARTICIPATING IN THE POOLED INDIVIDUAL SELF-INSURED EMPLOYERS FUND. (2) Such expenses shall be assessed against all self-insurers includ- ing for this purpose employers who have ceased to exercise the privilege of self-insurance. The basis of apportionment of the assessment against each self-insurer shall be a sum equal to that proportion of the amount which the indemnity payment for each self-insurer bore to the total indemnity payments for all self-insurers for the calendar year which ended within the preceding state fiscal year. All such assessments when collected shall be deposited into a fund which shall be used to reim- burse the appropriations theretofore made by the state for the payment of the expenses of administering this chapter. [(3) Pure premium for assessments made prior to January first, two thousand nine against individual and group self-insurers who ceased to self-insure shall be based on payroll at the time the individual or group self-insurer has ceased to self-insure, reduced by a factor reflecting the reduction in the group or individual self-insurer's self- insurance liabilities since ceasing to self-insure.] f. Whenever the chair shall determine that the compensation and bene- fits provided by this chapter may be unpaid by reason of the default of an insolvent private self-insured employer, including a private group self-insurer, EXCEPT AN INDIVIDUAL SELF-INSURED EMPLOYER PARTICIPATING IN THE POOLED INDIVIDUAL SELF-INSURED EMPLOYERS FUND, the chair shall pay such compensation and benefits from administration expenses as provided in section one hundred fifty-one of this chapter upon audit and warrant of the comptroller upon vouchers approved by the chair. Such payments shall be considered expenses of administration. The chair shall be reimbursed therefor from the surety bond, cash or securities held or, if such surety bond, securities or cash is insufficient, by the employ- er, its receiver, liquidator, rehabilitator or trustee in bankruptcy. All moneys reimbursed to the chair or recovered by the chair in an action or proceeding to secure such reimbursement shall forthwith be applied as a credit against the expenses on which the assessment levied upon all private self-insured employers, in accordance with paragraphs c and e of this subdivision, is calculated. g. Whenever the chair shall determine that the compensation and bene- fits provided by this chapter may be unpaid by reason of the default of an insolvent private self-insured employer, including a private group self-insurer, EXCEPT AN INDIVIDUAL SELF-INSURED EMPLOYER PARTICIPATING IN THE POOLED INDIVIDUAL SELF-INSURED EMPLOYERS FUND, the chair shall levy an assessment against all private self-insured employers, including S. 6405--A 45 A. 9005--A private group self-insurers, in accordance with paragraphs c and e of this subdivision to assure prompt payment of such compensation and bene- fits. Whenever compensation and benefits are unpaid by reason of such default, the chair shall promptly pay such compensation and benefits from administration expenses as provided in section one hundred fifty- one of this chapter upon audit and warrant of the comptroller upon vouchers approved by the chair. Nothing in this paragraph shall preclude the chair from recovering the moneys it expends from its administrative expenses against the defaulted individual self-insurer, or the members of the defaulted group self-insurer, as otherwise permitted by this chapter. S 20. Section 134 of the workers' compensation law is amended by adding a new subdivision 5 to read as follows: 5. IN ACCORDANCE WITH RULES ADOPTED BY THE DEPARTMENT OF LABOR IN CONSULTATION WITH THE DEPARTMENT OF FINANCIAL SERVICES AND THE WORKERS' COMPENSATION BOARD AND UPON RECEIPT OF THE WRITTEN NOTIFICATION SET FORTH IN SUBDIVISION TWO OF THIS SECTION, THE EMPLOYER'S NAME AND OTHER RELEVANT INFORMATION SHALL BE ADDED TO A PUBLISHED LIST OF ALL EMPLOYERS WHOSE MOST RECENT ANNUAL PAYROLL IS IN EXCESS OF EIGHT HUNDRED THOUSAND DOLLARS AND WHOSE MOST RECENT EXPERIENCE RATING EXCEEDS THE LEVEL OF 1.2. NO EMPLOYER SHALL BE REMOVED FROM SUCH LIST UNTIL SUCH TIME AS THE EMPLOYER SUBMITS TO THE DEPARTMENT OF LABOR THE CERTIFICATION OF COMPLETION OF THE WORKPLACE SAFETY AND LOSS PREVENTION PROGRAM PRESCRIBED HEREIN. INSURERS THAT ISSUE WORKERS' COMPENSATION COVERAGE SHALL CONSULT SUCH LIST PRIOR TO ISSUING A POLICY AND SHALL, IF APPLICA- BLE, IMPOSE THE SURCHARGE OF THE EMPLOYER'S MANUAL RATE PREMIUM IN ACCORDANCE WITH SUBDIVISION THREE OF THIS SECTION MEASURED FROM THE DATE OF WRITTEN NOTIFICATION IN SUBDIVISION TWO OF THIS SECTION. S 21. Section 140 of the workers' compensation law, as amended by chapter 57 of the laws of 1951, is amended to read as follows: S 140. [Workmen's] WORKERS' compensation board. The [workmen's] WORK- ERS' compensation board in the department of labor is hereby continued. Such board shall consist of [thirteen] SEVEN members, at least [four] THREE of whom shall be attorneys and counsellors-at-law duly admitted to practice in this state. The members of the board shall be appointed by the governor, by and with the advice and consent of the senate. The members of the board in office, together with the additional members and the members appointed to fill vacancies, if any, at the time this section takes effect, shall continue, notwithstanding the appointment of any of the members for a term expiring on a different date, to hold office for terms to be assigned by the governor by and with the advice and consent of the senate[; two such terms to expire on December thir- ty-first, nineteen hundred fifty; two to expire on December thirty- first, nineteen hundred fifty-one; two to expire on December thirty- first, nineteen hundred fifty-two; two to expire on December thirty-first, nineteen hundred fifty-three; two to expire on December thirty-first, nineteen hundred fifty-four; two to expire on December thirty-first, nineteen hundred fifty-five; and one to expire on December thirty-first, nineteen hundred fifty-six. The]. UPON THE EXPIRATION OF A SEVEN YEAR TERM, THE members next appointed, except to fill a vacancy created otherwise than by expiration of term, shall be appointed for terms of seven years. The governor shall designate one of the members of the board as chairman and another as vice-chairman. S 22. Section 142 of the workers' compensation law, as added by chap- ter 74 of the laws of 1945, subdivision 2 as amended by chapter 608 of the laws of 1989, the opening paragraph of subdivision 2 as amended by S. 6405--A 46 A. 9005--A section 12 of part GG of chapter 57 of the laws of 2013, section 5 as amended by chapter 924 of the laws of 1990, subdivision 6 as added by chapter 635 of the laws of 1996 and subdivision 7 as added by chapter 452 of the laws of 2005, is amended to read as follows: S 142. General powers and duties of the [workmen's] WORKERS' compen- sation board. 1. The [workmen's] WORKERS' compensation board shall have power to hear and determine all claims for compensation or benefits or relating to special funds created under the provisions of this chapter, in the manner provided by this chapter; to require medical service for injured employees as provided by this chapter; to approve and fix attor- ney's fees and claims for medical service to the extent provided in this chapter; to excuse failure to give notice either of injury or death of an employee, to approve agreements, to modify or rescind awards, to make conclusions of fact and rulings of law, to certify questions to the appellate division of the supreme court, to enter orders in appealed cases, to determine the time for the payment of compensation, to order the reimbursement of employers for amounts advanced, to assess penal- ties, to commute awards, to compromise actions for the collection of awards, to require or permit employers to deposit the present value of awards in the aggregate trust fund of the state fund, to determine by rule the assignment of a minor's right to sue a third party, to require guardianship for minor dependents, to hear and determine claims under the occupational disease act, to order physical examinations, to take testimony by depositions; and to have and exercise all other powers and duties, exclusive of purely administrative functions, originally conferred or imposed upon the [workmen's] WORKERS' compensation commis- sion by this chapter, or by any other statute, and by chapter six hundred and seventy-four of the laws of nineteen hundred fifteen conferred and imposed upon the industrial commission, and by chapter fifty of the laws of nineteen hundred twenty-one conferred and imposed upon the industrial board. For the purpose of exercising such powers and performing such duties, the [workmen's] WORKERS' compensation board shall be deemed to be a continuation of the industrial board provided for by the provisions of the labor law; and all proceedings under this chapter pending before such board are hereby transferred to the [work- men's] WORKERS' compensation board without prejudice to the rights of any party to such proceeding. The [workmen's] WORKERS' compensation board, subject to the provisions of this chapter and of the provisions of the labor law as to the distribution of functions, shall succeed to all the rights, powers, duties and obligations of the department of labor, the industrial commissioner and the industrial board, in so far as they relate to [workmen's] WORKERS' compensation, as heretofore constituted, except such as are vested in the chairman of the board by this article and except with respect to article six of this chapter. Whenever the term "industrial board" or the "chairman" or "vice-chair- man" thereof appears in this chapter or in the provisions of the labor law after the time this article takes effect, it shall be construed to mean the [workmen's] WORKERS' compensation board or the chairman there- of, as created by the provisions of this chapter, as may be required by the context unless the contrary shall be indicated. 2. [Any] EXCEPT AS SET FORTH IN SUBDIVISION THREE OF THIS SECTION, ANY review, hearing, rehearing, inquiry or investigation required or author- ized to be conducted or made by the workers' compensation board may be conducted or made by any panel of the board consisting of not less than three members thereof, and the order, decision or determination of a S. 6405--A 47 A. 9005--A majority of the members of a panel shall be deemed the order, decision or determination of the board from the date of filing thereof with the secretary of the board, unless the board on its own motion, or on appli- cation by a party in interest for a full board review made in accordance with section twenty-three of this chapter, shall modify or rescind such order, decision or determination. [Four panels shall be constituted at all times, and the chair shall assign the members to the panels upon which they shall serve.] At least one member on each panel shall be an attorney and counsellor-at-law, but the absence of an attorney on any panel shall not invalidate the order, decision or determination of a majority of the members of the panel if at least two affirmative votes are cast in favor of such action. The panels shall be constituted so that the members of the board shall alternate in their periods of service together thereon. Whenever a number of proceedings remains pend- ing before the board for a period in excess of thirty days, members of the board shall hold hearings and otherwise act in the discharge of their duties evenings and at other convenient times on all days of the week except Sundays, in addition to the times when they would perform such duties in the ordinary conduct of the business of the board, in order to expedite the disposal thereof. The chair may and shall, when directed by the governor, prescribe the hours and the times for such additional performance of duty by the members of the board and the peri- od or periods for the continuance thereof. 3. THE CHAIR OF THE BOARD, OR CHAIR'S DESIGNEE, MAY DESIGNATE ANY BOARD EMPLOYEE WHO IS LICENSED TO PRACTICE LAW IN THE STATE OF NEW YORK OR A SINGLE BOARD MEMBER TO CONDUCT AN APPELLATE REHEARING OR REVIEW OF ANY ORDER, DECISION OR DETERMINATION WHICH RESOLVES ANY ISSUES, OTHER THAN THE DETERMINATION OF COMPENSABILITY IN A CONTROVERTED CLAIM AND REVERSE, MODIFY OR AFFIRM SUCH ORDER, DECISION OR DETERMINATION. IN THE ABSENCE OF A DESIGNATION, AND IN THE CASE OF THE DETERMINATIONS MENTIONED ABOVE, THE REHEARING OR REVIEW SHALL BE CONDUCTED BY A THREE- MEMBER PANEL OF BOARD MEMBERS. DISCRETION AS TO DESIGNATIONS IS SOLELY WITH THE CHAIR OR THE CHAIR'S DESIGNEE, AND SHALL NOT BE BASED UPON THE REQUEST OF ANY PARTY, NOR SHALL ANY DESIGNATION BE SUBJECT TO REVIEW UNDER SECTION TWENTY-THREE OF THIS CHAPTER. THE ORDER, DECISION, OR DETERMINATION ISSUED BY ANY SUCH DESIGNATED BOARD EMPLOYEE OR BOARD MEMBER ON SUCH A CLAIM SHALL BE DEEMED THE ORDER, DECISION, OR DETERMI- NATION OF THE BOARD FROM THE DATE OF THE FILING THEREOF IN THE OFFICE OF THE SECRETARY OF THE BOARD UNLESS THE BOARD, ON ITS OWN MOTION OR ON APPLICATION DULY MADE TO IT, MODIFY OR RESCIND SUCH DECISION. THE CHAIR MAY PROMULGATE RULES, OR THE BOARD MAY PROMULGATE A SUBJECT NUMBER, REGARDING REHEARING AND REVIEW DESIGNATIONS UNDER THIS SUBDIVISION. Notwithstanding any provision in this section to the contrary, a member of the board may be designated by the chair to act individually in the hearing and determination of any claim under this chapter, or conduct any investigation, hearing or inquiry hereunder, or review and rescind any order, decision or determination upon any claim and restore such claim for further trial hearing and evidence or consideration except that such member may not conduct any appellate rehearing of any case or otherwise review any order, decision or determination upon any claim and reverse, modify or affirm such order, decision or determi- nation which by the provisions of this section shall be reheard or reviewed by the board or a panel thereof. [3.] 4. The members of the [workmen's] WORKERS' compensation board, a referee or any other officer or employee of the board if duly authorized S. 6405--A 48 A. 9005--A by the chairman, may administer oaths and take affidavits in matters relating to the provisions of this chapter. The members of the [workmen's] WORKERS' compensation board, the refer- ees and any other officer of the board designated by the chairman, shall have power: a. To issue subpoenas for and compel the attendance of witnesses and the production of books, contracts, papers, documents and other evidence; b. To hear testimony and take or cause to be taken depositions of witnesses residing within or without this state in the manner prescribed by law for like depositions in civil actions in the supreme court. Subpoenas and commissions to take testimony shall be issued under the seal of the board. [4.] 5. Notwithstanding the provisions of any other law, neither the industrial commissioner nor any board or other agency of the department of labor shall in any way direct, review, modify or reverse any decision or finding of the board nor shall the industrial commissioner or any board or other agency of the department of labor supervise or control the board or its members in the exercise of any powers or in the performance of any duties under this chapter. [5.] 6. The workers' compensation board shall keep an accurate record of all hearings held. Where the decision of a referee is affirmed by the board upon review, OR WHERE THE DECISION IS MODIFIED IN PART, BUT IS AFFIRMED AS TO THE SUBSTANTIAL PORTION OF ISSUES RAISED UPON THE APPLI- CATION FOR REVIEW OR IF REVIEW IS DENIED, the board shall assess against each insurance carrier or employer seeking such review the sum of one hundred fifty dollars and may assess against any other party the sum of twenty dollars. The amount so secured from these assessments shall be paid into the state treasury. [6.] 7. The workers' compensation board shall not release any informa- tion acquired pursuant to section five hundred thirty-seven of the labor law and section one hundred seventy-one-a of the tax law unless the release of such information is required to further fraud control activ- ities undertaken by the workers' compensation board pursuant to this chapter, in which case release of such information shall be subject to the restrictions contained in section five hundred thirty-seven of the labor law and section one hundred seventy-one-a of the tax law. [7.] 8. Where there has been a motor vehicle accident which caused personal injury and there is a dispute as to whether the injury occurred in the course of employment, the workers' compensation board shall, after notice to the no-fault carrier and the workers' compensation carrier, hold an expedited hearing on the issue of whether the accident occurred during the course of employment. S 23. Subdivision 6 of section 151 of the workers' compensation law is amended by adding a new paragraph (c) to read as follows: (C) EFFECTIVE IMMEDIATELY, NOTWITHSTANDING ANY LAW TO THE CONTRARY, PURSUANT TO THE PROVISIONS OF THIS CHAPTER, THE ASSESSMENT RESERVES REMITTED TO THE CHAIR PURSUANT TO THIS PARAGRAPH SHALL, AT THE REQUEST OF THE DIRECTOR OF THE BUDGET, BE DISTRIBUTED AS FOLLOWS: (I) EFFECTIVE IMMEDIATELY, THE CHAIR OF THE WORKERS' COMPENSATION BOARD SHALL AUTHORIZE THE BOARD TO EXPEND UP TO SIXTY MILLION DOLLARS TO IMPLEMENT INFRASTRUCTURE AND SYSTEM UPGRADES CONSISTENT WITH RECOMMENDA- TIONS OF THE WORKERS' COMPENSATION BOARD REDESIGN AND REENGINEERING PROJECT. (II) EFFECTIVE IMMEDIATELY, THE CHAIR OF THE WORKERS' COMPENSATION BOARD SHALL AUTHORIZE THE BOARD TO EXPEND UP TO FIFTY MILLION DOLLARS S. 6405--A 49 A. 9005--A FOR: (A) TRANSFER INTO THE TRAINING AND EDUCATIONAL PROGRAM ON OCCUPA- TIONAL SAFETY AND HEALTH FUND CREATED PURSUANT TO CHAPTER EIGHT HUNDRED EIGHTY-SIX OF THE LAWS OF NINETEEN HUNDRED EIGHTY-FIVE AND SECTION NINE- TY-SEVEN-C OF THE STATE FINANCE LAW; (B) THE DEPARTMENT OF LABOR OCCUPA- TIONAL SAFETY AND HEALTH PROGRAM; (C) TRANSFER INTO THE UNINSURED EMPLOYERS' FUND PURSUANT TO SUBDIVISION TWO OF SECTION TWENTY-SIX-A OF THIS CHAPTER IN CONNECTION WITH PAYMENT OF CLAIMS MADE PURSUANT TO ARTI- CLE EIGHT-A OF THIS CHAPTER; (D) A REDUCTION IN LIABILITIES OF THE SPECIAL DISABILITY FUND PURSUANT TO SUBDIVISION EIGHT OF SECTION FIFTEEN OF THIS CHAPTER AND/OR THE FUND FOR REOPENED CASES PURSUANT TO SECTION TWENTY-FIVE-A OF THIS CHAPTER; AND/OR (E) TRANSFER TO OR PAYMENT ON BEHALF OF THE SUPERINTENDENT OF FINANCIAL SERVICES FOR COSTS ASSOCIATED WITH THE IMPLEMENTATION OF THE PAID FAMILY LEAVE ACT OF ARTICLE NINE OF THIS CHAPTER. (III) AS SOON AS PRACTICABLE ON OR AFTER APRIL FIRST, TWO THOUSAND SIXTEEN, THE CHAIR OF THE WORKERS' COMPENSATION BOARD SHALL TRANSFER ONE HUNDRED FORTY MILLION DOLLARS TO THE STATE INSURANCE FUND, FOR PARTIAL PAYMENT AND PARTIAL SATISFACTION OF THE STATE'S OBLIGATIONS TO THE STATE INSURANCE FUND UNDER WORKERS' COMPENSATION LAW SECTION EIGHTY-EIGHT-C FOR TWO THOUSAND SIXTEEN. (IV) AS SOON AS PRACTICABLE ON OR AFTER APRIL FIRST, TWO THOUSAND SEVENTEEN, THE CHAIR OF THE WORKERS' COMPENSATION BOARD SHALL TRANSFER ONE HUNDRED MILLION DOLLARS TO THE STATE INSURANCE FUND, FOR PARTIAL PAYMENT AND PARTIAL SATISFACTION OF THE STATE'S OBLIGATIONS TO THE STATE INSURANCE FUND UNDER WORKERS' COMPENSATION LAW SECTION EIGHTY-EIGHT-C FOR TWO THOUSAND SEVENTEEN. (V) AS SOON AS PRACTICABLE ON OR AFTER APRIL FIRST, TWO THOUSAND EIGH- TEEN, THE CHAIR OF THE WORKERS' COMPENSATION BOARD SHALL TRANSFER ONE HUNDRED MILLION DOLLARS TO THE STATE INSURANCE FUND, FOR PARTIAL PAYMENT AND PARTIAL SATISFACTION OF THE STATE'S OBLIGATIONS TO THE STATE INSUR- ANCE FUND UNDER WORKERS' COMPENSATION LAW SECTION EIGHTY-EIGHT-C FOR TWO THOUSAND EIGHTEEN. (VI) AS SOON AS PRACTICABLE ON OR AFTER APRIL FIRST, TWO THOUSAND NINETEEN, THE CHAIR OF THE WORKERS' COMPENSATION BOARD SHALL TRANSFER THIRTY-FIVE MILLION DOLLARS TO THE STATE INSURANCE FUND, FOR PARTIAL PAYMENT AND PARTIAL SATISFACTION OF THE STATE'S OBLIGATIONS TO THE STATE INSURANCE FUND UNDER WORKERS' COMPENSATION LAW SECTION EIGHTY-EIGHT-C FOR TWO THOUSAND NINETEEN. ANY AND ALL FUNDS REMAINING AFTER ACCOUNTING FOR THE TRANSFERS AND EXPENDITURES SET FORTH ABOVE MAY, AT THE DISCRETION OF THE DIRECTOR OF THE BUDGET, EITHER REMAIN WITH THE WORKERS' COMPENSATION BOARD OR BE TRANSFERRED TO THE GENERAL FUND FOR THE PURPOSE OF REDUCING BUDGET GAPS. ANNUALLY, THE WORKERS' COMPENSATION BOARD WILL PROVIDE TO THE DIRECTOR OF THE BUDGET, THE CHAIR OF THE SENATE FINANCE COMMITTEE, AND THE CHAIR OF THE ASSEMBLY WAYS AND MEANS COMMITTEE, AN ACCOUNTING OF SUCH FUNDS AND ALL ASSOCIATED INCOME RECEIVED. SUCH ACCOUNTING WILL CONTINUE UNTIL MARCH THIRTY-FIRST, TWO THOUSAND TWENTY. S 24. Section 167 of the workers' compensation law, as added by chap- ter 446 of the laws of 2006, is amended to read as follows: S 167. Claims of volunteers. For persons who participated in World Trade Center rescue, recovery and clean-up operations as volunteers, the uninsured employers' fund shall be deemed to be the employer [only] for the purposes of administering and paying claims pursuant to this arti- cle. Benefits under this chapter shall be payable to such volunteers [only] IN THE FIRST INSTANCE AND to the extent that funds are available out of funds appropriated to the United States Department of Labor under S. 6405--A 50 A. 9005--A Public Law 109-148 to reimburse the uninsured employer's fund for the payment of such benefits AND THEREAFTER FROM THE UNINSURED EMPLOYERS' FUND. THE UNINSURED EMPLOYERS' FUND MAY PAY FOR VOLUNTEERS' MEDICAL TREATMENT NOTWITHSTANDING SUCH MEDICAL EXPENSES HAVING BEEN DENIED BY THE WORLD TRADE CENTER HEALTH ORGANIZATION. S 25. Subdivisions 1 and 2 of section 354 of the workers' compensation law, subdivision 1 as amended by chapter 6 of the laws of 2007, and subdivision 2 as added by chapter 635 of the laws of 1996, are amended to read as follows: 1. Each preferred provider organization shall provide at least two HEALTH providers in every medical specialty CONSISTENT WITH SECTION 13-B OF THIS CHAPTER from which the employee may choose and at least two hospitals from which the employee may choose in the event that hospital- ization is necessary. The commissioner of health may waive such numer- ical requirements upon a finding that the geographical area in which the preferred provider organization is located cannot meet the requirements. 2. An employee , NOT SUBJECT TO A COLLECTIVE BARGAINING AGREEMENT OR SUBJECT TO A COLLECTIVE BARGAINING AGREEMENT DATED ON OR AFTER APRIL FIRST, TWO THOUSAND SIXTEEN, may seek medical treatment from outside the preferred provider organization [thirty] ONE HUNDRED AND TWENTY days after his or her first visit to a preferred provider organization provider. In the event that such employee seeks medical treatment outside the preferred provider organization the employer may require a second opinion from a provider within the preferred provider organiza- tion. FOR COLLECTIVE BARGAINING AGREEMENTS ENTERED INTO BEFORE APRIL FIRST, TWO THOUSAND SIXTEEN, THE EMPLOYEE MAY SEEK MEDICAL TREATMENT FROM OUTSIDE A PREFERRED PROVIDER ORGANIZATION THIRTY DAYS AFTER HIS OR HER FIRST VISIT WITH THE PREFERRED PROVIDER ORGANIZATION. S 26. Paragraphs 1 and 2 and subparagraph (a) of paragraph 5 of subdi- vision 3-a of section 50 of the workers' compensation law, paragraph 1 and subparagraph (a) of paragraph 5 as amended by chapter 139 of the laws of 2008 and paragraph 2 and subsection (d)(1)(e) of paragraph 5 and subsection (a) of paragraph 6 of subdivision 3-a as amended by section 4 of part G of chapter 57 of the laws of 2011, are amended to read as follows: (1) Definitions. As used in this chapter the term "employers" shall include: (a) employers with related activity in a given industry [which shall include municipal corporations as that term is defined in sections two and six-n of the general municipal law,] employing persons who perform work in connection with the given industry, (b) an incorporated or unincorporated association or associations consisting exclusively of such employers provided they employ persons who perform such related work in the given industry, and (c) a combination of employers as described in subparagraph (a) hereof and an association or associations of employers as described in subparagraph (b) hereof. (2) (a) Any group consisting exclusively of such employers may adopt a plan for self-insurance, as a group, for the payment of compensation under this chapter to their employees, except that no new groups may adopt such a plan, and no group not composed solely of public entities set forth in [paragraph a of] subdivision [four] THREE-F of this section may insure any liabilities for any employers on and after January first, two thousand twelve, except as provided for in paragraph ten of this subdivision. Under such plan the group shall assume the liability of all the employers within the group and pay all compensation for which the said employers are liable under this chapter[, except that in the case of municipal corporations as herein defined no proof of financial abili- S. 6405--A 51 A. 9005--A ty or deposit of securities or cash need be made in compliance with this subdivision]. The group qualifying under this subdivision shall be known as a group self-insurer and the employers participating therein and covered thereby shall be known as members. (b) Where such plan is adopted the group self-insurer, EXCEPT A GROUP COMPOSED SOLELY OF PUBLIC ENTITIES SET FORTH IN SUBDIVISION THREE-F OF THIS SECTION, shall furnish satisfactory proof to the chair of its financial ability to pay such compensation for the members in the indus- try covered by it, its revenues, their source and assurance of contin- uance. The chair shall require the deposit with the chair of such secu- rities as may be deemed necessary of the kind prescribed in subdivisions one, two, three, four and five, and subparagraph (a) of paragraph three of subdivision seven of section two hundred thirty-five of the banking law or the deposit of cash or the filing of irrevocable letters of cred- it issued by a qualified banking institution as defined by rules promul- gated by the chair or the filing of a bond of a surety company author- ized to transact business in this state, in an amount to be determined to secure its liability to pay the compensation of each employer as above provided. Such surety bond must be approved as to form by the chair. The chair shall require each group self-insurer to provide regu- lar reports no less than annually, which shall include but not be limit- ed to audited financial statements, actuarial opinions and payroll information containing proof that it is fully funded. Such reports shall also include a contribution year analysis detailing contributions and expenses associated with each specific contribution year. For purposes of this paragraph, proof that a group self-insurer is fully funded shall at a minimum include proof of unrestricted cash and investments permit- ted by regulation of the chair of at least one hundred percent of the total liabilities, including the estimate presented in the actuarial opinion submitted by the group self-insurer in accordance with this chapter. The chair by regulation, may set further financial standards for group self-insurers. Any group self-insurer that fails to show that it is fully funded shall be deemed underfunded, and must submit a plan for achieving fully funded status which may include a deficit assessment on members of such group self-insurer which shall be subject to approval or modification by the chair. (c) The chair shall evaluate, no less than once every three years, a group self-insurer's compliance with the financial and regulatory requirements for self-insurance. The chair may engage any qualified person or organization to assist with such evaluation and any costs incurred by the chair shall be borne by the group self-insurer under examination. Failure to submit to such independent review or to pay such costs, upon demand of the chair, shall be sufficient grounds to termi- nate coverage of the group self-insurer. (d) The chair may require reports to be prepared by an auditor, actu- ary or other consultant, selected by the board or, at the chair's discretion, by the group self-insurer from a list which shall be pre-ap- proved by the chair to determine whether the group self-insurer meets the financial criteria for self-insurance. All actuaries so selected shall be fellows or associates of the casualty actuarial society. (e) The chair may also require that any and all agreements, contracts and other pertinent documents relating to the organization of the members in the group self-insurer shall be filed with the chair. (f) The chair shall have the authority to revoke consent furnished under this section at any time for good cause shown. S. 6405--A 52 A. 9005--A (g) Prior to the requested effective date of the participating agree- ment, a group self-insurer shall notify the chair on a prescribed form of a new group self-insurer member and file (1) a member application and (2) a copy of the properly executed prescribed participation agreement wherein the member acknowledges their joint and several obligation for their period of membership. The board shall, on a form promulgated by the chair, provide notice of the member's rights and responsibilities as a group self-insurer member, including the member's assumption of joint and several liability, and require the member to return a signed copy to the chair as a condition of membership. (h) Any member terminating membership in a PRIVATE group self-insurer after less than four years in such PRIVATE group self-insurer, and any member in a group self-insurer that has defaulted, shall be precluded from obtaining prospective coverage from any PRIVATE group self-insurer for a period of at least three years from the effective date of termi- nation. (a) Each PRIVATE group self-insurer shall, AND EACH GROUP SELF-INSURER MAY, shall secure the services of a group administrator to be responsi- ble for assisting the group self-insurer in complying with the provisions of this section and the rules and regulations promulgated hereunder, and for coordinating services including but not limited to claims processing, loss control, legal, accounting and actuarial services. No person, firm or corporation shall coordinate such services or otherwise carry out the tasks of a group administrator as provided in this subdivision or in the regulations issued pursuant thereto on behalf of a group self-insurer unless such person shall have obtained from the chair a license authorizing it to act as a group self-insurer adminis- trator, which license may be revoked for good cause. The chair shall promulgate regulations setting forth any additional qualifications for such license, governing the conduct and compensation of group self-in- surer administrators, and setting a license fee in an amount not less than five thousand dollars per year for such license for each group self-insurer the administrator administers. Each administrator shall post a bond in the amount of five hundred thousand dollars for each group self-insurer administered or such other amount as may be set by the chair based on the cost and availability of such bond, from which the chair may recover any recoveries or penalties against the adminis- trator under this section. Nothing in this section shall relieve the trustees of a group self-insurer of any fiduciary obligation they hold to the other members of such group self-insurer. (5)(d)(1)e. the number and amount of rate deviations provided to members during the prior year and whether the recipient of any such deviation was a trustee, PROVIDED THAT THE APPLICATION OF RATING FACTORS IN A MANNER CONSISTENT WITH THE FILED RATING PLAN IS NOT A DEVIATION WHICH MUST BE REPORTED UNDER THIS SUBSECTION; (6)(a) Group self-insurers must file with the board, as soon as prac- ticable but no later than sixty days prior to the start of the fund year a rating plan which is supported by an actuarial rate study prepared by an independent, qualified actuary that is a fellow or associate of the casualty actuarial society, that clearly identifies the actuary's indi- cated rate assumptions therein. The rating plan must apply consistently to all members, and must provide for a common renewal date for all PRIVATE group self-insurer members. The rates filed can be adjusted based on an experience modification calculated for every member in accordance with the experience rating plan promulgated by the workers' compensation rating board. Experience modification formulas must be S. 6405--A 53 A. 9005--A applied identically to all members. Other rate deviations may be permis- sible provided a plan has been approved by the board. Such deviations shall not be in excess of ten percent of the actuary's indicated rate unless otherwise approved by the board for a fully funded group self-in- surer, and shall in no event result in amounts less than the actuary's overall indicated rate. The chair by regulation may set further rate plan and actuarial reporting standards. S 27. Paragraph (g) of subdivision 3-e of section 50 of the workers' compensation law is amended as follows and a new subdivision 3-f is added to read as follows: (g) The state insurance fund, any other insurer or any group self-in- surer for municipal corporations as defined in subdivision [three-a] THREE-F of this section may, at its option, offer a deductible in an amount specified in paragraph (c) of this subdivision to any policyhold- er who is not otherwise eligible for a deductible under this subdivi- sion. 3-F. (1) ANY GROUP CONSISTING EXCLUSIVELY OF MUNICIPAL CORPORATIONS AND PUBLIC CORPORATIONS AS THOSE TERMS ARE DEFINED IN SECTION SIXTY-SIX OF THE GENERAL CONSTRUCTION LAW, COUNTY SELF-INSURANCE PLANS ESTABLISHED UNDER ARTICLE FIVE OF THIS CHAPTER, BOARDS OF COOPERATIVE EDUCATIONAL SERVICES AND CONSORTIA ESTABLISHED BY BOARDS OF COOPERATIVE EDUCATIONAL SERVICES MAY ADOPT A PLAN FOR SELF-INSURANCE, AS A GROUP, FOR THE PAYMENT OF COMPENSATION UNDER THIS CHAPTER TO THEIR EMPLOYEES. SUCH GROUP SHALL BE KNOWN AS A "PUBLIC GROUP SELF-INSURER". ALL OTHER GROUPS ESTABLISHED UNDER THIS SECTION FIFTY ARE "PRIVATE GROUP SELF-INSURERS". A COUNTY OF SELF-INSURANCE PLAN ESTABLISHED UNDER ARTICLE FIVE OF THIS CHAPTER IS NOT ITSELF A PUBLIC GROUP SELF-INSURER, AND IS NOT ITSELF SUBJECT TO THE REQUIREMENTS OF THIS SECTION, BUT MAY JOIN A PUBLIC GROUP SELF-INSURER AND, IF IT DOES SO, SHALL ASSUME ALL OF THE OBLIGATIONS OF ITS PARTICIPANTS TO THE PUBLIC GROUP SELF-INSURER. NO ENTITY WHICH IS NOT A MUNICIPAL CORPORATION AS DEFINED IN SECTION SIXTY-SIX OF THE GENERAL CONSTRUCTION LAW, A COUNTY SELF-INSURANCE PLAN ESTABLISHED UNDER ARTICLE FIVE OF THIS CHAPTER, OR A CONSORTIUM ESTABLISHED BY A BOARD OF COOPERATIVE EDUCATIONAL SERVICES, MAY JOIN A PUBLIC GROUP SELF-INSURER UNLESS IT MAY LEVY TAXES OR IS OTHERWISE DIRECTLY CAPABLE OF GENERATING REVENUE IN THE EVENT OF A FUNDING DEFICIENCY WITHIN THE PUBLIC GROUP SELF-INSURER, OR ITS OBLIGATIONS ARE GUARANTEED BY ANOTHER MEMBER WHICH IS SUCH A MUNICIPAL CORPORATION. A PUBLIC GROUP SELF-INSURER SHALL COMPLY WITH ALL OF THE REQUIREMENTS OF SUBDIVISION THREE-A OF THIS SECTION; PROVIDED HOWEVER THAT NO PROOF OF FINANCIAL ABILITY TO PAY THE COMPENSATION PROVIDED FOR BY THIS CHAPTER OR DEPOSIT OF SECURITIES SHALL BE REQUIRED AND, IN LIEU THEREOF, THE JOINT AND SEVERAL LIABILITY OF THE PUBLIC GROUP SELF-INSURER'S MEMBERS SHALL SERVE AS THE SECURITY REQUIRED UNDER PARAGRAPH TWO OF SUBDIVISION THREE-A OF THIS SECTION. THE CHAIR SHALL IMPLEMENT THE PROVISIONS OF THIS SUBDIVISION BY PROMULGATING RULES AND REGULATIONS BUT NO SUCH RULES AND REGULATIONS SHALL BE NECESSARY FOR ANY PROVISIONS OF THIS SUBDIVISION TO BE EFFECTIVE. (2) A PUBLIC GROUP SELF-INSURER AS DEFINED HEREIN MAY OFFER, AS PART OF THE AGREEMENT OR BY ENDORSEMENT, DEDUCTIBLES OPTIONAL TO THE MEMBER FOR BENEFITS PAYABLE UNDER THE AGREEMENT, UPON A DETERMINATION BY THE CHAIR THAT THE PLAN IS SUPPORTED BY AN ACTUARIAL ANALYSIS PREPARED BY AN INDEPENDENT, QUALIFIED ACTUARY WHO IS A MEMBER OF THE CASUALTY ACTUARIAL SOCIETY THAT CLEARLY IDENTIFIES THE ACTUARY'S INDICATED DEDUCTIBLE CRED- IT AND RATE ASSUMPTIONS, AND SUBJECT TO UNDERWRITING BY THE PUBLIC GROUP SELF-INSURER, CONSISTENT WITH THE FOLLOWING STANDARDS OR FACTORS: S. 6405--A 54 A. 9005--A (A) CLAIMANTS' RIGHTS ARE PROPERLY PROTECTED AND CLAIMANTS' BENEFITS ARE PAID WITHOUT REGARD TO ANY SUCH DEDUCTIBLE; (B) APPROPRIATE PREMIUM REDUCTIONS REFLECT THE TYPE AND LEVEL OF ANY DEDUCTIBLE APPROVED BY THE CHAIRMAN AND SELECTED BY THE MEMBER; (C) PREMIUM REDUCTIONS FOR DEDUCTIBLES ARE DETERMINED BEFORE APPLICA- TION OF ANY EXPERIENCE MODIFICATION, PREMIUM SURCHARGE, OR PREMIUM DISCOUNT; (D) RECOGNITION IS GIVEN TO MEMBER CHARACTERISTICS, INCLUDING SIZE, FINANCIAL CAPABILITIES, NATURE OF ACTIVITIES, AND NUMBER OF EMPLOYEES; (E) IF THE MEMBER SELECTS A DEDUCTIBLE, THE MEMBER IS LIABLE TO THE PUBLIC GROUP SELF-INSURER FOR THE DEDUCTIBLE AMOUNT IN REGARD TO BENE- FITS PAID FOR COMPENSABLE CLAIMS; (F) THE PUBLIC GROUP SELF-INSURER PAYS ALL OF THE DEDUCTIBLE AMOUNT, APPLICABLE TO A COMPENSABLE CLAIM, TO THE PERSON OR PROVIDER ENTITLED TO BENEFITS AND REQUIRES THE MEMBER TO PAY TO IT IN ADVANCE AN AMOUNT ACTU- ARIALLY DETERMINED TO BE SUFFICIENT TO PAY THE PORTION OF THE COMPEN- SATION CLAIM THAT IS WITHIN THE DEDUCTIBLE AMOUNT AS THOSE PAYMENTS BECOME DUE; PROVIDED THAT SUCH PERIODIC PAYMENTS SHALL BE PAID TO THE PUBLIC GROUP SELF-INSURER IN INTERVALS OF NO GREATER OF SIX MONTHS; AND (G) FAILURE TO REIMBURSE DEDUCTIBLE AMOUNTS BY THE MEMBER TO THE PUBLIC GROUP SELF-INSURER IS TREATED UNDER THE COVERAGE AGREEMENT IN THE SAME MANNER AS NONPAYMENT OF CONTRIBUTIONS. (3) IF, IN THE DETERMINATION OF THE CHAIR, A PUBLIC GROUP SELF-INSURER BECOMES INSOLVENT OR OTHERWISE DEFAULTS ON ITS OBLIGATIONS, THE INSOL- VENT GROUP WILL REQUIRE EACH MEMBER AND EACH FORMER MEMBER TO PAY A SUPPLEMENTAL ASSESSMENT IN AN AMOUNT SUFFICIENT TO MAKE THE PUBLIC GROUP SELF-INSURER SOLVENT BASED UPON A FORMULA TO BE ESTABLISHED BY THE CHAIR IN REGULATIONS WHICH CONSIDERS THE MEMBERS' ANNUAL CONTRIBUTIONS AND LOSS EXPERIENCE; PROVIDED HOWEVER, NOTHING HEREIN SHALL PRECLUDE THE CHAIR FROM DIRECTING THAT AN UNDERFUNDED PUBLIC GROUP SELF-INSURER LEVY AN ASSESSMENT ON ITS MEMBERS AS PART OF A PLAN IMPLEMENTED PURSUANT TO SUBPARAGRAPH TWO (B) OF SECTION 3-A OF THIS SECTION FIFTY. AS USED IN THIS PROVISION, INSOLVENT MEANS THE SUM OF THE PUBLIC GROUP SELF-INSURER'S ASSETS BEING LESS THAN THE TOTAL COST OF ALL OF THE PUBLIC GROUP SELF-INSURER'S ANTICIPATED WORKERS' COMPENSATION LIABIL- ITIES THAT WILL ACCRUE WITHIN THE SUCCEEDING SIX MONTHS. IF AN ASSESS- MENT IS NOT SUFFICIENT TO CURE THE INSOLVENCY OR DEFAULT, (I) EACH MEMBER AND ANY FORMER MEMBER WILL BE JOINTLY AND SEVERALLY LIABLE FOR THE REMAINING DEFICIT; AND (II) WHENEVER THE CHAIR SHALL DETERMINE THAT THE COMPENSATION AND BENEFITS PROVIDED BY THIS CHAPTER MAY BE UNPAID BY REASON OF THE DEFAULT OF A PUBLIC GROUP SELF-INSURER, THE CHAIR SHALL PAY SUCH COMPENSATION AND BENEFITS FROM ADMINISTRATION EXPENSES AS PROVIDED IN SECTION ONE HUNDRED FIFTY-ONE OF THIS CHAPTER UPON AUDIT AND WARRANT OF THE COMPTROLLER UPON VOUCHERS APPROVED BY THE CHAIR. SUCH PAYMENTS SHALL BE CONSIDERED EXPENSES OF ADMINISTRATION. THE CHAIR SHALL BE REIMBURSED THEREFOR FROM ANY MEMBER OF THE PUBLIC GROUP SELF-INSURER, FIRST PURSUANT TO THE SUPPLEMENTAL ASSESSMENT FORMULA REFERENCED HEREIN, BUT IN ANY EVENT WHERE NECESSARY, ON A JOINT AND SEVERAL BASIS. S 28. The section heading and subdivisions 1, 2, 3 and 4 of section 1680-l of the public authorities law, as added by chapter 6 of the laws of 2007, are amended to read as follows: [The special] SPECIAL disability fund AND FUND FOR REOPENED CASES financing. 1. As used in this section the following terms shall have the following meanings: (a) "Ancillary bond facility" means any interest rate exchange or similar agreement or any bond insurance policy, letter of credit or S. 6405--A 55 A. 9005--A other credit enhancement facility, liquidity facility, guaranteed investment or reinvestment agreement, or other similar agreement, arrangement or contract. (b) "Benefited party" means any person, firm or corporation that enters into an ancillary bond facility with the authority according to the provisions of this section. (c) "Bonds" means any bonds, notes, certificates of participation and other evidence of indebtedness issued by the authority pursuant to subdivision five of this section. (d) "Bond owners or owners of bonds" means any registered owners of bonds. (e) "Chair" means the chair of the workers' compensation board. (f) "Code" means the United States Internal Revenue Code of 1986, as amended. (g) "Costs of issuance" means any item of expense directly or indi- rectly payable or reimbursable by the authority and related to the authorization, sale, or issuance of bonds, including, but not limited to, underwriting fees and fees and expenses of professional consultants and fiduciaries. (h) "Debt service" means actual debt service, comprised of principal, interest and associated costs, as defined in subparagraph five of para- graph (h) of subdivision eight of section fifteen of the workers' compensation law. (i) "Director of the budget" or "director" means the director of the budget of the state of New York. (j) "Financing agreement" means [any agreement authorized pursuant to subdivision four of this section between the chair and the commissioner of taxation and finance, and the authority] EACH OR ANY SPECIAL DISABIL- ITY FUND FINANCING AGREEMENT OR FUND FOR REOPENED CASES FINANCING AGREE- MENT, AS APPLICABLE. (k) "Financing costs" means all costs of issuance, capitalized inter- est, capitalized operating expenses of the authority and, pursuant to the financing agreement, the initial capitalized operating expenses of the waiver agreement management office and debt service reserves, fees, cost of any ancillary bond facility, and any other fees, discounts, expenses and costs related to issuing, securing and marketing the bonds including, without limitation, any net original issue discount. (l) "FUND FOR REOPENED CASES FINANCING AGREEMENT" MEANS AN AGREEMENT AUTHORIZED AND CREATED PURSUANT TO SUBDIVISION FOUR OF THIS SECTION AND TO SUBDIVISION FOUR OF SECTION TWENTY-FIVE-A OF THE WORKERS' COMPEN- SATION LAW, AS SUCH AGREEMENT MAY BE AMENDED. (M) "Investment securities" means: (i) general obligations of, or obligations guaranteed by, any state of the United States of America or political subdivision thereof, or the District of Columbia or any agency or instrumentality of any of them, receiving one of the three highest long-term unsecured debt rating categories available for such securities of at least one independent rating agency, or (ii) certificates of deposit, savings accounts, time deposits or other obligations or accounts of banks or trust companies in the state, secured, if the authority shall so require, in such manner as the authority may so determine, or (iii) obligations in which the comptroller is authorized to invest pursuant to either section ninety-eight or ninety-eight-a of the state finance law, or (iv) investments which the commissioner of taxation and finance is permitted to make with surplus or reserve moneys of the special disability fund under subparagraph seven of paragraph (h) S. 6405--A 56 A. 9005--A of subdivision eight of section fifteen of the workers' compensation law. [(m)] (N) "Interest rate exchange or similar agreement" means a writ- ten contract entered into in connection with the issuance of bonds or with such bonds outstanding with a counterparty to provide for an exchange or swap of payments based upon fixed and/or variable interest rates, and shall be for exchanges in currency of the United States of America only. [(n)] (O) "Net proceeds" means the amount of proceeds remaining following each sale of bonds which are not required by the authority for purposes of this section to pay or provide for debt service or financing costs, as provided in the financing agreement. [(o)] (P) "Operating expenses" means the reasonable or necessary oper- ating expenses of the authority for purposes of this section, including, without limitation, the costs of: retention of auditors, preparation of accounting and other reports, maintenance of the ratings on the bonds, any operating expense reserve fund, insurance premiums, ancillary bond facilities, rebate payments, annual meetings or other required activ- ities of the authority, and professional consultants and fiduciaries. [(p)] (Q) "Outstanding", when used with respect to bonds, shall exclude bonds that shall have been paid in full at maturity, or shall have otherwise been refunded, redeemed, defeased or discharged, or that may be deemed not outstanding pursuant to agreements with the holders thereof. [(q)] (R) "Pledged assessments revenues", "pledged revenues" or "pledged assessments" means: (I) WITH RESPECT TO BONDS ISSUED PRIOR TO MARCH THIRTY-FIRST, TWO THOUSAND THIRTEEN PURSUANT TO THIS SECTION, EITHER receipts of special disability fund assessments imposed pursuant to subparagraph four of paragraph (h) of subdivision eight of section fifteen of the workers' compensation law and pledged for the payment of debt service on the bonds, RECEIPTS OF ASSESSMENTS FOR ANNUAL EXPENSES IMPOSED PURSUANT TO SECTION ONE HUNDRED FIFTY-ONE OF THE WORKERS' COMPENSATION LAW AND PLEDGED FOR THE PAYMENT OF DEBT SERVICE ON THE BONDS, OR AMOUNTS DUE PURSUANT TO AN ANCILLARY BOND FACILITY, INCLUDING THE RIGHT TO RECEIVE THE SAME; AND (II) WITH RESPECT TO BONDS ISSUED ON OR SUBSEQUENT TO MARCH THIRTY-FIRST, TWO THOUSAND THIRTEEN PURSUANT TO THIS SECTION, EITHER RECEIPTS OF SUCH ASSESSMENTS FOR ANNUAL EXPENSES or amounts due pursuant to an ancillary bond facility, including the right to receive same. [(r)] (S) "State" means the state of New York. [(s)] (T) "Special disability fund financing agreement" means an agreement authorized and created pursuant to SUBDIVISION FOUR OF THIS SECTION AND TO subparagraph five of paragraph (h) of subdivision eight of section fifteen of the workers' compensation law, as [same by its terms and bond proceedings,] SUCH AGREEMENT may be amended. [(t)] (U) "Waiver agreement" means waiver agreements entered into pursuant to section thirty-two of the workers' compensation law. [(u)] (V) "Waiver agreement management office" shall mean the office described in paragraph (e) of section thirty-two of the workers' compen- sation law. (W) "WORKERS' COMPENSATION LIABILITY INSURANCE POLICY" OR "ASSUMPTION OF WORKERS' COMPENSATION LIABILITY INSURANCE POLICY" MEANS ANY POLICY EXECUTED BY THE CHAIR PURSUANT TO SUBDIVISION (I) OF SECTION THIRTY-TWO OR SUBDIVISION THREE OF SECTION TWENTY-FIVE-A OF THE WORKERS' COMPEN- SATION LAW PROVIDING FOR THE ASSUMPTION OF ALL OR PART OF SUCH FURTHER AND FUTURE CONTINGENT WORKERS' COMPENSATION LIABILITY AS MAY ARISE FROM S. 6405--A 57 A. 9005--A PRIOR INJURIES TO WORKERS. SUCH POLICY SHALL BE IN A FORM APPROVED BY THE SUPERINTENDENT OF FINANCIAL SERVICES AND ISSUED BY THE STATE INSUR- ANCE FUND OR ANY INSURANCE COMPANY LICENSED TO ISSUE THIS CLASS OF INSURANCE IN THIS STATE. IN THE EVENT THAT SUCH POLICY IS ISSUED BY AN INSURANCE COMPANY OTHER THAN THE STATE INSURANCE FUND, THEN SUCH POLICY SHALL BE DEEMED OF THE KIND SPECIFIED IN PARAGRAPH FIFTEEN OF SUBSECTION (A) OF SECTION ONE THOUSAND ONE HUNDRED THIRTEEN OF THE INSURANCE LAW AND COVERED BY THE WORKERS' COMPENSATION SECURITY FUND AS CREATED AND GOVERNED BY ARTICLE SIX-A OF THE WORKERS' COMPENSATION LAW. SUCH A POLI- CY SHALL ONLY BE ISSUED FOR A SINGLE COMPLETE PREMIUM PAYMENT THAT IS PAYABLE IN ADVANCE AND IN AN AMOUNT DEEMED ACCEPTABLE BY THE CHAIR AND THE SUPERINTENDENT OF FINANCIAL SERVICES. WHEN ISSUED SUCH POLICY SHALL BE NONCANCELLABLE WITHOUT RECOURSE FOR ANY CAUSE DURING THE CONTINUANCE OF THE LIABILITY SECURED AND SO COVERED. 2. The authority is hereby authorized to ISSUE BONDS TO finance the special disability fund established by paragraph (h) of subdivision eight of section fifteen of the workers' compensation law and to enter into one or more special disability fund financing agreements described in such subdivision AND AUTHORIZED TO ISSUE BONDS TO FINANCE THE FUND FOR REOPENED CASES ESTABLISHED BY SUBDIVISION THREE OF SECTION TWENTY-FIVE-A OF THE WORKERS' COMPENSATION LAW AND TO ENTER INTO ONE OR MORE FUND FOR REOPENED CASES FINANCING AGREEMENTS DESCRIBED IN SUBDIVI- SION FOUR OF SUCH SECTION. All of the provisions of the [authority] PUBLIC AUTHORITIES LAW relating to bonds and notes OF THE DORMATORY AUTHORITY GENERALLY which are not inconsistent with the provisions of this section shall apply to obligations authorized by this section, including but not limited to the power to establish adequate reserves therefor and to issue renewal notes or refunding bonds thereof. [The provisions of this section shall apply solely to obligations authorized by this section and shall not include liabilities, assets or revenues other than liabilities, assets or revenues derived from the authority solely from the special disability fund.] 3. It is found and declared that the special disability fund AND THE FUND FOR REOPENED CASES no longer [serves] SERVE the purposes for which [it was] THEY WERE created, [adds] ADD to the time and expense of proceedings before the workers' compensation board and to employers' costs for workers' compensation insurance; that the creation and opera- tion of a waiver agreement management office of the workers' compen- sation board, to manage, maintain and negotiate waiver agreements on behalf of the special disability fund AND FUND FOR REOPENED CASES can reduce the special disability fund's AND FUND FOR REOPENED CASES unfunded liability; that the reduction of such liability and the closing of the fund to new claims will over the long term reduce assessments paid to the [fund] FUNDS by insurance carriers, self-insurers and the state insurance fund, as well as the employers to whom these costs are passed on; that in the absence of this section the annual cost of [such] assessments TO EMPLOYERS is expected to rise; that the settlement of claims and other actions undertaken by the waiver agreement management office will lower the administrative costs of insurance carriers, self- insurers and the state insurance fund; [that revenue obligations issued by the authority and secured by a special assessment annually levied, imposed and collected on and from insurance carriers, self-insurers and the state insurance fund for the governmental purpose of funding waiver agreements] THAT UNFUNDED SPECIAL DISABILITY FUND LIABILITIES AND UNFUNDED CLAIMS PAYABLE FROM THE FUND FOR REOPENED CASES WILL, ABSENT PROVISION FOR LONG-TERM FINANCING, RESULT IN IMPOSITION OF COSTS ON S. 6405--A 58 A. 9005--A EMPLOYERS THROUGH ASSESSMENTS; THAT SUCH UNFUNDED LIABILITIES, CLAIMS AND ASSESSMENTS MAY HAVE DETRIMENTAL IMPACT ON BUSINESSES AND NOT-FOR-PROFIT CORPORATIONS IN NEW YORK STATE AND ON THE PROVISION OF SERVICES TO NEW YORK RESIDENTS; THAT WITHOUT FINANCING THE BOARD MAY BE REQUIRED TO IMPOSE HIGHER ASSESSMENTS TO PAY SUCH UNFUNDED LIABILITIES AND CLAIMS; THAT FINANCING WILL ALLOW THE WORKERS' COMPENSATION BOARD TO FUND WAIVER AGREEMENTS AND CONTRACT AWARDS AND TO PURCHASE ONE OR MORE ASSUMPTION OF WORKERS' COMPENSATION LIABILITY INSURANCE POLICIES THAT WILL LIMIT THE LONG TERM LOSSES FROM THESE UNFUNDED LIABILITIES AND CLAIMS; THAT BONDS ISSUED BY THE AUTHORITY AND SECURED BY ASSESSMENTS LEVIED, FOR THE GOVERNMENTAL PURPOSE OF FUNDING WAIVER AGREEMENTS WITH RESPECT TO THE SPECIAL DISABILITY FUND AND FUNDING CONTRACT AWARDS, ASSUMPTION OF WORKERS' COMPENSATION LIABILITY INSURANCE POLICIES AND ANTICIPATED LIABILITIES WITH RESPECT TO THE SPECIAL DISABILITY FUND AND THE FUND FOR REOPENED CASES amortized over a substantial period would allow the state to settle and otherwise manage [claims] THE SPECIAL DISABILITY FUND AND FUND FOR REOPENED CASES CLAIMS AND TO REDUCE SPECIAL DISABILITY FUND AND FUND FOR REOPENED CASES CLAIMS as a means for reduc- ing the fund's liabilities and the assessments needed to pay them, thereby furthering the policy of the state to reduce the costs of work- ers' compensation and to improve the business climate in the state while compensating injured workers and honoring the obligations of the special disability fund AND FUND FOR REOPENED CASES; that all costs of the authority in relation to this section shall be paid from assessments set forth in paragraph (h) of subdivision eight of section fifteen AND IN SECTION ONE HUNDRED FIFTY-ONE of the workers' compensation law; and that, therefore, the provisions of this section are for the public bene- fit and good and the authorization as provided in this section of the issuance of revenue obligations of the authority is declared to be for a public purpose and the exercise of an essential governmental function. 4. (a) The authority, the commissioner of taxation and finance and the chair, [in] AFTER consultation with THE DIRECTOR OF THE BUDGET AND the special disability fund advisory committee shall execute a financing agreement prior to the issuance of any bonds. Such agreement shall contain such terms and conditions as are necessary to carry out and effectuate the purposes of this section, including covenants with respect to the assessment and enforcement of the assessments, the appli- cation and use of the proceeds of the sale of bonds to preserve the tax-exemption on the bonds, the interest on which is intended to be exempt from taxation. The state shall not be authorized to make any covenant, pledge, promise or agreement purporting to bind the state with respect to pledged revenues, except as otherwise specifically authorized by this section. (b) The net proceeds of the bonds shall be deposited in accordance with the APPLICABLE financing agreement and this section. [The] EACH SPECIAL DISABILITY FUND financing agreement shall provide for the appli- cation of the net bond proceeds, and such bond proceeds shall be used, for any of the following CORPORATE purposes: (i) funding of waiver agreements, (ii) payment of financing costs, (iii) funding anticipated liabilities of the special disability fund, (iv) funding contract awards pursuant to [subparagraph two of] paragraph [(h)] (I) of section thir- ty-two of the workers' compensation law [and (v)], (V) FUNDING THE PURCHASE OF ONE OR MORE ASSUMPTION OF WORKERS' COMPENSATION LIABILITY INSURANCE POLICIES TO DISCHARGE THE LIABILITIES INCURRED UNDER SUBPARA- GRAPH ONE OF PARAGRAPH (H) OF SUBDIVISION EIGHT OF SECTION FIFTEEN OF THE WORKERS' COMPENSATION LAW AND (VI) SUCH OTHER PURPOSES AS ARE SET S. 6405--A 59 A. 9005--A FORTH IN THE FINANCING AGREEMENT. EACH FUND FOR REOPENED CASES FINANCING AGREEMENT SHALL PROVIDE FOR THE APPLICATION OF THE NET BOND PROCEEDS, AND SUCH BOND PROCEEDS SHALL BE USED, FOR ANY OF THE FOLLOWING CORPORATE PURPOSES: (I) PAYMENT OF FINANCING COSTS, (II) FUNDING ANTICIPATED LIABILITIES OF THE FUND FOR REOPENED CASES, (III) FUNDING CONTRACT AWARDS PURSUANT TO SUBDIVISION THREE OF SECTION TWENTY-FIVE-A OF THE WORKERS' COMPENSATION LAW, (IV) FUNDING THE PURCHASE OF ONE OR MORE ASSUMPTION OF WORKERS' COMPENSATION LIABILITY INSURANCE POLICIES TO DISCHARGE THE LIABILITIES INCURRED OR TO BE INCURRED UNDER SUBDIVISION THREE OF SECTION TWENTY-FIVE-A OF THE WORKERS' COMPENSATION LAW AND (V) such other purposes as are set forth in the financing agreement. Not inconsistent with this section, the authority may provide restrictions on the use and investment of net proceeds of the bonds and other amounts in [the] ANY financing agreement or otherwise in a tax regulatory agree- ment as necessary or desirable to assure that they are exempt from taxa- tion. S 29. Paragraphs (a), (c), and (g) of subdivision 5 of section 1680-l of the public authorities law, as added by chapter 6 of the laws of 2007, subparagraph (i) of paragraph (a) of subdivision 5 as further amended by section 104 of part A of chapter 62 of the laws of 2011, are amended to read as follows: (a) (i) The authority shall have power and is hereby authorized to issue its bonds at such times and in an aggregate principal amount not to exceed an amount to be determined by the superintendent of financial services as necessary to address all or a portion of the incurred unfunded liabilities of the special disability fund, but in no case exceeding twenty-five percent of the unfunded liability of the special disability fund as of a date no later than July first, two thousand seven, as certified to the authority by a qualified third party. The bonds shall be issued for the [following] corporate purposes[: (A) fund- ing of waiver agreements, (B) payment of financing costs, (C) funding anticipated liabilities of the special disability fund, (D) funding contract awards pursuant to paragraph two of subdivision (h) of section thirty-two of the workers' compensation law and (E) such other purposes as are set forth in the financing agreement] IDENTIFIED IN SUBDIVISION FOUR-B OF THIS SECTION AND IN THE APPLICABLE FINANCIAL AGREEMENT. The foregoing limitation on outstanding aggregate principal shall not apply to prevent the issuance of bonds to refund bonds. (ii) Each issuance of bonds shall be authorized by a resolution of the authority, provided, however, that any such resolution authorizing the issuance of bonds may delegate to an officer of the authority the power to issue such bonds from time to time and to fix the details of any such issues of bonds by an appropriate certificate of such authorized offi- cer. Every issue of the bonds of the authority [for the special disabil- ity fund] PURSUANT TO THIS SECTION shall be special revenue obligations payable from and secured by a pledge of revenues and other assets, including those proceeds of such bonds deposited in a reserve fund for the benefit of bondholders, earnings on funds of the authority and such other funds and assets as may become available, upon such terms and conditions as specified by the authority in the resolution under which the bonds are issued or in a related trust indenture. (iii) The authority shall have the power and is hereby authorized from time to time to issue bonds, [in] AFTER consultation with the DIRECTOR OF BUDGET AND special disability fund advisory committee to refund any bonds issued under this section by the issuance of new bonds, whether the bonds to be refunded have or have not matured, and to issue bonds S. 6405--A 60 A. 9005--A partly to refund bonds then outstanding and partly for any of its other corporate purposes under this section. The refunding bonds may be exchanged for the bonds to be refunded or sold and the proceeds applied to the purchase, redemption or payment of such bonds. (c) The authority may sell such bonds in such manner, either at a public or private sale and either on a competitive or negotiated basis, provided no such bonds may be sold by the authority at private sale unless such sale and the terms thereof have been approved in writing by the comptroller of the state of New York. The proceeds of such bonds shall be disbursed for the purposes for which such bonds were issued under such restrictions as the financing agreement and the resolution authorizing the issuance of such bonds or the related trust indenture may provide. Such bonds shall be issued upon approval of the authority and without any other approvals, filings, proceedings or the happening of any other conditions or things other than the approvals, findings, proceedings, conditions, and things that are specified and required by this section[. Provided]; PROVIDED, however, that any issuance of bonds under the authority of this section shall be considered a project for the purposes of section fifty-one of this chapter, and subject to approval under such section. (g) The authority may enter into, amend or terminate, as it determines to be necessary or appropriate, any ancillary bond facility [in] AFTER consultation with the DIRECTOR OF BUDGET AND special disability fund advisory committee (i) to facilitate the issuance, sale, resale, purchase, repurchase or payment of bonds, interest rate savings or market diversification or the making or performance of interest rate exchange or similar agreements, including without limitation bond insur- ance, letters of credit and liquidity facilities, (ii) to attempt to manage or hedge risk or achieve a desirable effective interest rate or cash flow, or (iii) to place the obligations or investments of the authority, as represented by the bonds or the investment of reserved bond proceeds or other pledged revenues or other assets, in whole or in part, on the interest rate, cash flow or other basis decided [in], AFTER consultation with the DIRECTOR OF BUDGET AND special disability fund advisory committee, which facility may include without limitation contracts commonly known as interest rate exchange or similar agree- ments, forward purchase contracts or guaranteed investment contracts and futures or contracts providing for payments based on levels of, or changes in, interest rates. These contracts or arrangements may be entered into by the authority in connection with, or incidental to, entering into, or maintaining any (i) agreement which secures bonds of the authority or (ii) investment, or contract providing for investment of reserves or similar facility guaranteeing an investment rate for a period of years not to exceed the underlying term of the bonds. The determination by the authority that an ancillary bond facility or the amendment or termination thereof is necessary or appropriate as afore- said shall be conclusive. Any ancillary bond facility may contain such payment, security, default, remedy, and termination provisions and payments and other terms and conditions as determined by the authority, after giving due consideration to the creditworthiness of the counter- party or other obligated party, including any rating by any nationally recognized rating agency, and any other criteria as may be appropriate. S 30. Subdivision 8 of section 1680-l of the public authorities law, as added by chapter 6 of the laws of 2007, is amended to read as follows: S. 6405--A 61 A. 9005--A 8. All monies of the authority from whatever source derived, THAT ARE PLEDGED PURSUANT TO THIS SECTION, shall be paid to the treasurer of the authority and shall be deposited forthwith in a bank or banks designated by the authority. The monies in such accounts shall be paid out or with- drawn on the order of such person or persons as the authority may authorize to make such requisitions. All deposits of such monies shall either be secured by obligations of the United States or of the state or of any municipality of a market value equal at all times to the amount on deposit, or monies of the authority may be deposited in money market funds rated in the highest short-term or long-term rating category by at least one nationally recognized rating agency. To the extent practica- ble, and consistent with the requirements of the authority, all such monies shall be deposited in interest bearing accounts. The authority shall have power, notwithstanding the provisions of this section, to contract with the holders of any bonds as to the custody, collection, security, investment and payment of any monies of the authority or any monies held in trust or otherwise for the payment of bonds or any way to secure bonds, and carry out any such contract notwithstanding that such contract may be inconsistent with the provisions of this section. Monies held in trust or otherwise for the payment of bonds or in any way to secure bonds and deposits of such moneys may be secured in the same manner as monies of the authority and all banks and trust companies are authorized to give such security for such deposits. Any SUCH monies of the authority not required for immediate use or disbursement may, at the discretion of the authority, be invested in accordance with law and such guidelines as are approved by the authority. S 31. Paragraph (a) of subdivision 10 of section 1680-l of the public authorities law, as added by chapter 6 of the laws of 2007, is amended to read as follows: (a) The state, solely with respect to the resources of the special disability fund AND OF THE FUND FOR REOPENED CASES, AS APPLICABLE and as set forth in [the special disability fund] EACH APPLICABLE financing agreement, covenants with the purchasers and all subsequent owners and transferees of bonds issued by the authority pursuant to this section in consideration of the acceptance of the payment of the bonds, until the bonds, together with the interest thereon, with interest on any unpaid installment of interest and all costs and expenses in connection with any action or proceeding on behalf of the owners, are fully met and discharged or unless expressly permitted or otherwise authorized by the terms of each [special disability fund] APPLICABLE financing agreement and any contract made or entered into by the authority with or for the benefit of such owners, (i) that in the event bonds of the authority are sold as federally tax-exempt bonds, the state shall not take any action or fail to take action that would result in the loss of such federal tax exemption on said bonds, (ii) that the state will cause the workers' compensation board to impose, charge, raise, levy, collect and apply the pledged assessments and other revenues, receipts, funds or moneys pledged for the payment of debt service requirements in each year in which bonds are outstanding, and (iii) further, that the state (A) will not materially limit or alter the duties imposed on the workers' compen- sation board, the authority and other officers of the state by [the special disability fund] EACH APPLICABLE financing agreement and the bond proceedings authorizing the issuance of bonds with respect to application of pledged assessments or other revenues, receipts, funds or moneys pledged for the payment of debt service requirements, (B) will not issue any bonds, notes or other evidences of indebtedness, other S. 6405--A 62 A. 9005--A than the bonds AUTHORIZED BY THIS SECTION, having any rights arising out of paragraph (h) of subdivision eight of section fifteen of the workers' compensation law, SUBDIVISION THREE OF SECTION TWENTY-FIVE-A OF THE WORKERS' COMPENSATION LAW, SECTION ONE HUNDRED FIFTY-ONE OF THE WORKERS' COMPENSATION LAW or this section or secured by any pledge of or other lien or charge on the pledged revenues or other receipts, funds or moneys pledged for the payment of debt service requirements; EXCEPT FOR BONDS AUTHORIZED UNDER SECTION FIFTY-C OF THE WORKERS' COMPENSATION LAW, (C) will not create or cause to be created any lien or charge on the pledged revenues, other than a lien or pledge created thereon pursuant to said sections, (D) will carry out and perform, or cause to be carried out and performed, each and every promise, covenant, agreement or contract made or entered into by [the special disability fund] EACH APPLICABLE financing agreement, by the authority or on its behalf with the bond owners of any bonds, (E) will not in any way impair the rights, exemptions or remedies of the bond owners, and (F) will not limit, modi- fy, rescind, repeal or otherwise alter the rights or obligations of the appropriate officers of the state to impose, maintain, charge or collect the assessments and other revenues or receipts constituting the pledged revenues as may be necessary to produce sufficient revenues to fulfill the terms of the proceedings authorizing the issuance of the bonds, including pledged revenue coverage requirements, provided, however, (i) the remedies available to the authority and the bondholders for any breach of the pledges and agreements of the state set forth in this subclause shall be limited to injunctive relief, (ii) nothing in this subdivision shall prevent the authority from issuing evidences of indebtedness (A) which are secured by a pledge or lien which is, and shall on the face thereof, be expressly subordinate and junior in all respects to every lien and pledge created by or pursuant to said sections, or (B) which are secured by a pledge of or lien on moneys or funds derived on or after the date every pledge or lien thereon created by or pursuant to said sections shall be discharged and satisfied, and (iii) nothing in this subdivision shall preclude the state from exercis- ing its power, through a change in law, to limit, modify, rescind, repeal or otherwise alter the character of the pledged assessments or revenues or to substitute like or different sources of assessments, taxes, fees, charges or other receipts as pledged revenues if and when adequate provision shall be made by law for the protection of the hold- ers of outstanding bonds pursuant to the proceedings under which the bonds are issued, including changing or altering the method of estab- lishing the special assessments. The authority is authorized to include this covenant of the state, as a contract of the state, in any agreement with the owner of any bonds issued pursuant to this section and in any credit facility or reimburse- ment agreement with respect to such bonds. Notwithstanding these pledges and agreements by the state, the attorney general may in his or her discretion enforce any and all provisions related to the special disa- bility fund, without limitation. S 32. Paragraph (t) of subdivision 1 of section 1680-q of the public authorities law, as added by section 35 of part GG of chapter 57 of the laws of 2013, is amended to read as follows: (t) "Self-insured bond financing agreement" or "financing agreement" means an agreement authorized and created pursuant to subdivision four of this section and section fifty-c of the workers' compensation law, as [same by its terms and bond proceedings,] SUCH AGREEMENT may be amended. S. 6405--A 63 A. 9005--A S 33. Subdivision 1 of section 1680-q of the public authorities law, as added by section 35 of part GG of chapter 57 of the laws of 2013, is amended by adding a new paragraph (u) to read as follows: (U) "WORKERS' COMPENSATION LIABILITY INSURANCE POLICY" OR "ASSUMPTION OF WORKERS' COMPENSATION LIABILITY INSURANCE POLICY" MEANS ANY POLICY EXECUTED OR DEEMED OWNED BY THE CHAIR PURSUANT TO SUBPARAGRAPH (A) OR (C) OF PARAGRAPH SEVEN OF SUBDIVISION THREE-A OF SECTION FIFTY OF THE WORKERS' COMPENSATION LAW PROVIDING FOR THE ASSUMPTION OF ALL OR PART OF SUCH FURTHER AND FUTURE CONTINGENT WORKERS' COMPENSATION LIABILITY AS MAY ARISE FROM PRIOR INJURIES TO WORKERS. SUCH POLICY SHALL BE IN A FORM APPROVED BY THE SUPERINTENDENT OF FINANCIAL SERVICES AND ISSUED BY THE STATE INSURANCE FUND OR ANY INSURANCE COMPANY LICENSED TO ISSUE THIS CLASS OF INSURANCE IN THIS STATE. IN THE EVENT THAT SUCH POLICY IS ISSUED BY AN INSURANCE COMPANY OTHER THAN THE STATE INSURANCE FUND, THEN SUCH POLICY SHALL BE DEEMED OF THE KIND SPECIFIED IN PARAGRAPH FIFTEEN OF SUBSECTION (A) OF SECTION ONE THOUSAND ONE HUNDRED THIRTEEN OF THE INSURANCE LAW AND COVERED BY THE WORKERS' COMPENSATION SECURITY FUND AS CREATED AND GOVERNED BY ARTICLE SIX-A OF THE WORKERS' COMPENSATION LAW. SUCH A POLICY SHALL ONLY BE ISSUED FOR A SINGLE COMPLETE PREMIUM PAYMENT THAT IS PAYABLE IN ADVANCE AND IN AN AMOUNT DEEMED ACCEPTABLE BY THE CHAIR AND THE SUPERINTENDENT OF FINANCIAL SERVICES. WHEN ISSUED SUCH POLICY SHALL BE NONCANCELLABLE WITHOUT RECOURSE FOR ANY CAUSE DURING THE CONTINUANCE OF THE LIABILITY SECURED AND SO COVERED. S 34. Subdivision 2 of section 1680-q of the public authorities law, as added by section 35 of part GG of chapter 57 of the laws of 2013, is REPEALED and a new subdivision 2 is added to read as follows: 2. THE AUTHORITY IS HEREBY AUTHORIZED TO ISSUE BONDS TO REDUCE ASSESS- MENTS IMPOSED ON SELF-INSURED EMPLOYERS UNDER SECTION FIFTY OF THE WORK- ERS' COMPENSATION LAW AS A RESULT OF THE UNFUNDED CLAIMS OF INDIVIDUAL AND GROUP SELF-INSURERS. THE AUTHORITY MAY ENTER INTO ONE OR MORE SELF- INSURED BOND FINANCING AGREEMENTS DESCRIBED IN SECTION FIFTY-C AND, TO THE EXTENT APPLICABLE, SECTION 50(3)(C), OF THE WORKERS' COMPENSATION LAW. ALL OF THE PROVISIONS OF THE PUBLIC AUTHORITIES LAW RELATING TO BONDS AND NOTES OF THE DORMITORY AUTHORITY GENERALLY WHICH ARE NOT INCONSISTENT WITH THE PROVISIONS OF THIS SECTION SHALL APPLY TO OBLI- GATIONS AUTHORIZED BY THIS SECTION, INCLUDING BUT NOT LIMITED TO THE POWER TO ESTABLISH ADEQUATE RESERVES THEREFOR AND TO ISSUE RENEWAL NOTES OR REFUNDING BONDS THEREOF. S 35. Subparagraph (iii) of paragraph (a) of subdivision 5 of section 1680-q of the public authorities law, as added by section 35 of part GG of chapter 57 of the laws of 2013, is amended to read as follows: (iii) The authority shall have the power and is hereby authorized from time to time to issue bonds, [in] AFTER consultation with the chair, the commissioner of taxation and finance and the director of the budget, to refund any bonds issued under this section by the issuance of new bonds, whether the bonds to be refunded have or have not matured, and to issue bonds partly to refund bonds then outstanding and partly for any of its other corporate purposes under this section. The refunding bonds may be exchanged for the bonds to be refunded or sold and the proceeds applied to the purchase, redemption or payment of such bonds. S 36. Paragraph (g) of subdivision 5 of section 1680-q of the public authorities law, as added by section 35 of part GG of chapter 57 of the laws of 2013, is amended to read as follows: (g) The authority may enter into, amend or terminate, as it determines to be necessary or appropriate, any ancillary bond facility [in] AFTER consultation with the chair and director of the budget (i) to facilitate S. 6405--A 64 A. 9005--A the issuance, sale, resale, purchase, repurchase or payment of bonds, interest rate savings or market diversification or the making or performance of interest rate exchange or similar agreements, including without limitation bond insurance, letters of credit and liquidity facilities, (ii) to attempt to manage or hedge risk or achieve a desira- ble effective interest rate or cash flow, or (iii) to place the obli- gations or investments of the authority, as represented by the bonds or the investment of reserved bond proceeds or other pledged revenues or other assets, in whole or in part, on the interest rate, cash flow or other basis decided [in] AFTER consultation with the chair and director of the budget, which facility may include without limitation contracts commonly known as interest rate exchange or similar agreements, forward purchase contracts or guaranteed investment contracts and futures or contracts providing for payments based on levels of, or changes in, interest rates. These contracts or arrangements may be entered into by the authority in connection with, or incidental to, entering into, or maintaining any agreement which secures bonds of the authority or investment, or contract providing for investment of reserves or similar facility guaranteeing an investment rate for a period of years not to exceed the underlying term of the bonds. The determination by the authority that an ancillary bond facility or the amendment or termi- nation thereof is necessary or appropriate as aforesaid shall be conclu- sive. Any ancillary bond facility may contain such payment, security, default, remedy, and termination provisions and payments and other terms and conditions as determined by the authority, after giving due consid- eration to the creditworthiness of the counterparty or other obligated party, including any rating by any nationally recognized rating agency, and any other criteria as may be appropriate. S 37. Subdivision 8 of section 1680-q of the public authorities law, as added by section 35 of part GG of chapter 57 of the laws of 2013, is amended to read as follows: 8. All monies of the authority from whatever source derived, THAT ARE PLEDGED PURSUANT TO THIS SECTION, shall be paid to the treasurer of the authority and shall be deposited forthwith in a bank or banks designated by the authority. The monies in such accounts shall be paid out or with- drawn on the order of such person or persons as the authority may authorize to make such requisitions. All deposits of such monies shall either be secured by obligations of the United States or of the state or of any municipality of a market value equal at all times to the amount on deposit, or monies of the authority may be deposited in money market funds rated in the highest short-term or long-term rating category by at least one nationally recognized rating agency. To the extent practica- ble, and consistent with the requirements of the authority, all such monies shall be deposited in interest bearing accounts. The authority shall have power, notwithstanding the provisions of this section, to contract with the holders of any bonds as to the custody, collection, security, investment and payment of any monies of the authority or any monies held in trust or otherwise for the payment of bonds or any way to secure bonds, and carry out any such contract notwithstanding that such contract may be inconsistent with the provisions of this section. Monies held in trust or otherwise for the payment of bonds or in any way to secure bonds and deposits of such moneys may be secured in the same manner as monies of the authority and all banks and trust companies are authorized to give such security for such deposits. Any SUCH monies of the authority not required for immediate use or disbursement may, at the S. 6405--A 65 A. 9005--A discretion of the authority, be invested in accordance with law and such guidelines as are approved by the authority. S 38. Clause (B) of subparagraph (iii) of paragraph (a) of subdivision 10 of section 1680-q of the public authorities law, as added by section 35 of part GG of chapter 57 of the laws of 2013, is amended to read as follows: (B) will not issue any bonds, notes or other evidences of indebt- edness, other than the bonds authorized by this section, having any rights arising out of subparagraph two of paragraph c of subdivision five of section fifty of the workers' compensation law, SECTION ONE HUNDRED FIFTY-ONE OF THE WORKERS' COMPENSATION LAW, or this section or secured by any pledge of or other lien or charge on the revenues pledged for the payment of debt service requirements; except for bonds author- ized under subdivision eight of section fifteen of the workers' compen- sation law, OR UNDER SECTION TWENTY-FIVE-A OF THE WORKERS' COMPENSATION LAW. S 39. The opening paragraph of section 3443 of the insurance law, as added by chapter 924 of the laws of 1990, is amended to read as follows: An insurer issuing a workers' compensation and employers' liability insurance policy, [and a group self-insurer for municipal corporations as defined in subdivision three-a of section fifty of the workers' compensation law,] may offer, as part of the policy or by endorsement, deductibles optional to the policyholder for benefits payable under the policy, subject to approval by the superintendent and subject to under- writing by the insurer, consistent with the following standards or factors: S 40. This act shall take effect immediately; provided, however, that sections eighteen and nineteen of this act shall take effect January 1, 2017. PART H Section 1. Section 200 of the workers' compensation law, as added by chapter 600 of the laws of 1949, is amended to read as follows: S 200. Short title. This article shall be known and may be cited as the "disability benefits law AND THE PAID FAMILY LEAVE BENEFITS LAW." S 2. Subdivision 14 of section 201 of the workers' compensation law, as added by chapter 600 of the laws of 1949 and as renumbered by chapter 438 of the laws of 1964, is amended and eleven new subdivisions 15, 16, 17, 18, 19, 20, 21, 22, 23, 24 and 25 are added to read as follows: 14. "A day of disability" means any day on which the employee was prevented from performing work because of disability, INCLUDING ANY DAY WHICH THE EMPLOYEE USES FOR FAMILY CARE, and for which [he] THE EMPLOYEE has not received his OR HER regular remuneration. 15. "FAMILY LEAVE" SHALL MEAN ANY LEAVE TAKEN BY AN EMPLOYEE FROM WORK TO PARTICIPATE IN PROVIDING CARE, INCLUDING PHYSICAL OR PSYCHOLOGICAL CARE, FOR A FAMILY MEMBER OF THE EMPLOYEE MADE NECESSARY BY A SERIOUS HEALTH CONDITION OF THE FAMILY MEMBER; OR TO BOND WITH THE EMPLOYEE'S CHILD DURING THE FIRST TWELVE MONTHS AFTER THE CHILD'S BIRTH, OR THE FIRST TWELVE MONTHS AFTER THE PLACEMENT OF THE CHILD FOR ADOPTION OR FOSTER CARE WITH THE EMPLOYEE; OR BECAUSE OF ANY QUALIFYING EXIGENCY AS INTERPRETED UNDER THE FAMILY AND MEDICAL LEAVE ACT, 29 U.S.C.S S 2612(A)(1)(E) AND 29 C.F.R. S.825.126(A)(1)-(8), ARISING OUT OF THE FACT THAT THE SPOUSE, DOMESTIC PARTNER, CHILD, OR PARENT OF THE EMPLOYEE IS ON ACTIVE DUTY (OR HAS BEEN NOTIFIED OF AN IMPENDING CALL OR ORDER TO ACTIVE DUTY) IN THE ARMED FORCES OF THE UNITED STATES. S. 6405--A 66 A. 9005--A 16. "CHILD" MEANS A BIOLOGICAL, ADOPTED, OR FOSTER SON OR DAUGHTER, A STEPSON OR STEPDAUGHTER, A LEGAL WARD, A SON OR DAUGHTER OF A DOMESTIC PARTNER, OR THE PERSON TO WHOM THE EMPLOYEE STANDS IN LOCO PARENTIS. 17. "DOMESTIC PARTNER" HAS THE SAME MEANING AS SET FORTH IN SECTION FOUR OF THIS CHAPTER. 18. "SERIOUS HEALTH CONDITION" MEANS AN ILLNESS, INJURY, IMPAIRMENT, OR PHYSICAL OR MENTAL CONDITION THAT INVOLVES INPATIENT CARE IN A HOSPI- TAL, HOSPICE, OR RESIDENTIAL HEALTH CARE FACILITY, OR CONTINUING TREAT- MENT OR CONTINUING SUPERVISION BY A HEALTH CARE PROVIDER AND REQUIRING ASSISTANCE TO PERFORM THE ACTIVITIES OF DAILY LIVING. 19. "PARENT" MEANS A BIOLOGICAL, FOSTER, OR ADOPTIVE PARENT, A PARENT-IN-LAW, A STEPPARENT, A LEGAL GUARDIAN, OR OTHER PERSON WHO STOOD IN LOCO PARENTIS TO THE EMPLOYEE WHEN THE EMPLOYEE WAS A CHILD. 20. "FAMILY MEMBER" MEANS A CHILD, PARENT, GRANDPARENT, GRANDCHILD, SIBLING, SPOUSE, OR DOMESTIC PARTNER AS DEFINED IN THIS SECTION. 21. "GRANDCHILD" MEANS A CHILD OF THE EMPLOYEE'S CHILD. 22. "HEALTH CARE PROVIDER" SHALL MEAN A PERSON LICENSED UNDER ARTICLE ONE HUNDRED THIRTY-ONE, ONE HUNDRED THIRTY-ONE-B, ONE HUNDRED THIRTY-TWO, ONE HUNDRED THIRTY-THREE, ONE HUNDRED THIRTY-SIX, ONE HUNDRED THIRTY-NINE, ONE HUNDRED FORTY-ONE, ONE HUNDRED FORTY-THREE, ONE HUNDRED FORTY-FOUR, ONE HUNDRED FIFTY-THREE, ONE HUNDRED FIFTY-FOUR, ONE HUNDRED FIFTY-SIX OR ONE HUNDRED FIFTY-NINE OF THE EDUCATION LAW OR A PERSON LICENSED UNDER THE PUBLIC HEALTH LAW, ARTICLE ONE HUNDRED FORTY OF THE EDUCATION LAW OR ARTICLE ONE HUNDRED SIXTY-THREE OF THE EDUCATION LAW. 23. "GRANDPARENT" MEANS A PARENT OF THE EMPLOYEE'S PARENT. 24. "SIBLING" MEANS A PERSON RELATED TO ANOTHER PERSON BY BLOOD, ADOPTION, OR AFFINITY THROUGH A COMMON LEGAL OR BIOLOGICAL PARENT. 25. "FAMILY CARE" SHALL MEAN ANY LEAVE TAKEN BY AN EMPLOYEE FROM WORK: (A) TO PARTICIPATE IN PROVIDING CARE, INCLUDING PHYSICAL OR PSYCHOLOG- ICAL CARE, FOR A FAMILY MEMBER OF THE EMPLOYEE MADE NECESSARY BY A SERI- OUS HEALTH CONDITION OF THE FAMILY MEMBER; OR (B) TO BOND WITH THE EMPLOYEE'S CHILD DURING THE FIRST TWELVE MONTHS AFTER THE CHILD'S BIRTH, OR THE FIRST TWELVE MONTHS AFTER THE PLACEMENT OF THE CHILD FOR ADOPTION OR FOSTER CARE WITH THE EMPLOYEE; OR (C) BECAUSE OF ANY QUALIFYING EXIGENCY AS INTERPRETED UNDER THE FAMILY AND MEDICAL LEAVE ACT, 29 U.S.C. S 2612(A)(1)(E) AND 29 C.F.R. S 825.126(A)(1)-(8), ARISING OUT OF THE FACT THAT THE SPOUSE, DOMESTIC PARTNER, CHILD, OR PARENT OF THE EMPLOYEE IS ON ACTIVE DUTY OR HAS BEEN NOTIFIED OF AN IMPENDING CALL OR ORDER TO ACTIVE DUTY IN THE ARMED FORC- ES OF THE UNITED STATES. S 3. Section 203 of the workers' compensation law, as amended by chap- ter 436 of the laws of 1986, is amended to read as follows: S 203. Employees eligible for benefits under section two hundred four OF THIS ARTICLE. Employees in employment of a covered employer for four or more consecutive weeks and employees in employment during the work period usual to and available during such four or more consecutive weeks in any trade or business in which they are regularly employed and in which hiring from day to day of such employees is the usual employment practice shall be eligible for disability AND FAMILY LEAVE benefits as provided in section two hundred four OF THIS ARTICLE. EVERY SUCH EMPLOYEE SHALL CONTINUE TO BE ELIGIBLE FOR FAMILY LEAVE BENEFITS ONLY DURING EMPLOYMENT WITH A COVERED EMPLOYER. Every such employee shall continue to be eligible FOR DISABILITY BENEFITS during such employment and for a period of four weeks after such employment terminates regard- less of whether the employee performs any work for remuneration or S. 6405--A 67 A. 9005--A profit in non-covered employment. If during such four week period the employee performs any work for remuneration or profit for another covered employer the employee shall become eligible for DISABILITY bene- fits immediately with respect to that employment. In addition every such employee who HAS PREVIOUSLY COMPLETED FOUR OR MORE CONSECUTIVE WEEKS IN EMPLOYMENT WITH THE COVERED EMPLOYER AND returns to work with the same employer after an agreed and specified unpaid leave of absence or vaca- tion without pay shall become eligible for DISABILITY AND FAMILY LEAVE benefits immediately with respect to such employment. An employee who during a period in which he or she is eligible to receive benefits under subdivision two of section two hundred seven OF THIS ARTICLE returns to employment with a covered employer and an employee who is currently receiving unemployment insurance benefits or benefits under section two hundred seven OF THIS ARTICLE and who returns to employment with a covered employer shall become eligible for DISABILITY benefits imme- diately with respect to such employment. An employee regularly in the employment of a single employer on a work schedule less than the employ- er's normal work week shall become eligible for DISABILITY AND FAMILY LEAVE benefits on the twenty-fifth day of such regular employment. An employee who [becomes disabled while] IS eligible for DISABILITY AND FAMILY LEAVE benefits in the employment of a covered employer shall not be deemed, for the purposes of this article, to have such employment terminated during any period he or she is eligible to receive benefits under section two hundred four OF THIS ARTICLE with respect to such employment. S 4. The workers' compensation law is amended by adding three new sections 203-a, 203-b and 203-c to read as follows: S 203-A. RETALIATORY ACTION PROHIBITED FOR FAMILY LEAVE. 1. THE PROVISIONS OF SECTION ONE HUNDRED TWENTY OF THIS CHAPTER AND SECTION TWO HUNDRED FORTY-ONE OF THIS ARTICLE SHALL BE APPLICABLE TO FAMILY LEAVE. 2. NOTHING IN THIS SECTION SHALL BE DEEMED TO DIMINISH THE RIGHTS, PRIVILEGES, OR REMEDIES OF ANY EMPLOYEE UNDER ANY COLLECTIVE BARGAINING AGREEMENT OR EMPLOYMENT CONTRACT. S 203-B. REINSTATEMENT FOLLOWING FAMILY LEAVE. ANY ELIGIBLE EMPLOYEE OF A COVERED EMPLOYER WHO TAKES LEAVE UNDER THIS SECTION SHALL BE ENTI- TLED, ON RETURN FROM SUCH LEAVE, TO BE RESTORED BY THE EMPLOYER TO THE POSITION OF EMPLOYMENT HELD BY THE EMPLOYEE WHEN THE LEAVE COMMENCED, OR TO BE RESTORED TO A COMPARABLE POSITION WITH COMPARABLE EMPLOYMENT BENE- FITS, PAY AND OTHER TERMS AND CONDITIONS OF EMPLOYMENT. THE TAKING OF FAMILY LEAVE SHALL NOT RESULT IN THE LOSS OF ANY EMPLOYMENT BENEFIT ACCRUED PRIOR TO THE DATE ON WHICH THE LEAVE COMMENCED. NOTHING IN THIS SECTION SHALL BE CONSTRUED TO ENTITLE ANY RESTORED EMPLOYEE TO THE ACCRUAL OF ANY SENIORITY OR EMPLOYMENT BENEFITS DURING ANY PERIOD OF LEAVE, OR ANY RIGHT, BENEFIT OR POSITION TO WHICH THE EMPLOYEE WOULD HAVE BEEN ENTITLED HAD THE EMPLOYEE NOT TAKEN THE LEAVE. S 203-C HEALTH INSURANCE DURING FAMILY LEAVE. IN ACCORDANCE WITH THE FAMILY AND MEDICAL LEAVE ACT (29 U.S.C. SS 2601-2654), DURING ANY PERIOD OF FAMILY LEAVE THE EMPLOYER SHALL MAIN- TAIN ANY EXISTING HEALTH BENEFITS OF THE EMPLOYEE IN FORCE FOR THE DURA- TION OF SUCH LEAVE AS IF THE EMPLOYEE HAD CONTINUED TO WORK FROM THE DATE HE OR SHE COMMENCED FAMILY LEAVE UNTIL THE DATE HE OR SHE RETURNS TO EMPLOYMENT. S 5. Section 204 of the workers' compensation law, as added by chapter 600 of the laws of 1949, subdivision 2 as amended by chapter 38 of the laws of 1989, is amended to read as follows: S. 6405--A 68 A. 9005--A S 204. Disability AND FAMILY LEAVE during employment. 1. Disability benefits shall be payable to an eligible employee for disabilities [commencing after June thirtieth, nineteen hundred fifty], beginning with the eighth [consecutive] day of disability and thereafter during the continuance of disability, subject to the limitations as to maximum and minimum amounts and duration and other conditions and limitations in this section and in sections two hundred five and two hundred six OF THIS ARTICLE. FAMILY LEAVE BENEFITS SHALL BE PAYABLE TO AN ELIGIBLE EMPLOYEE FOR THE FIRST FULL DAY WHEN FAMILY LEAVE IS REQUIRED AND THERE- AFTER DURING THE CONTINUANCE OF THE NEED FOR FAMILY LEAVE, SUBJECT TO THE LIMITATIONS AS TO MAXIMUM AND MINIMUM AMOUNTS AND DURATION AND OTHER CONDITIONS AND LIMITATIONS IN THIS SECTION AND IN SECTIONS TWO HUNDRED FIVE AND TWO HUNDRED SIX OF THIS ARTICLE. Successive periods of disabil- ity OR FAMILY LEAVE caused by the same or related injury or sickness shall be deemed a single period of disability OR FAMILY LEAVE only if separated by less than three months. 2. (A) THE WEEKLY BENEFIT FOR FAMILY LEAVE THAT OCCURS (I) ON OR AFTER JANUARY FIRST, TWO THOUSAND EIGHTEEN SHALL BE FIFTY PERCENT OF THE EMPLOYEE'S AVERAGE WEEKLY WAGE BUT SHALL NOT EXCEED FIFTY PERCENT OF THE STATE AVERAGE WEEKLY WAGE, (II) ON OR AFTER JANUARY FIRST, TWO THOUSAND NINETEEN SHALL BE FIFTY-FIVE PERCENT OF THE EMPLOYEE'S AVERAGE WEEKLY WAGE BUT SHALL NOT EXCEED FIFTY-FIVE PERCENT OF THE STATE AVERAGE WEEKLY WAGE, (III) ON OR AFTER JANUARY FIRST, TWO THOUSAND TWENTY SHALL BE SIXTY PERCENT OF THE EMPLOYEE'S AVERAGE WEEKLY WAGE BUT SHALL NOT EXCEED SIXTY PERCENT OF THE STATE AVERAGE WEEKLY WAGE, AND (IV) ON OR AFTER JANUARY FIRST OF EACH SUCCEEDING YEAR, SHALL BE SIXTY-SEVEN PERCENT OF THE EMPLOYEE'S AVERAGE WEEKLY WAGE BUT SHALL NOT EXCEED SIXTY-SEVEN PERCENT OF THE NEW YORK STATE AVERAGE WEEKLY WAGE IN EFFECT. THE WEEKLY BENEFITS FOR FAMILY LEAVE THAT OCCURS ON OR AFTER JANUARY FIRST, TWO THOUSAND EIGHTEEN SHALL NOT BE LESS THAN ONE HUNDRED DOLLARS PER WEEK EXCEPT THAT IF THE EMPLOYEE'S WAGES AT THE TIME OF FAMILY LEAVE ARE LESS THAN ONE HUNDRED DOLLARS PER WEEK, THE EMPLOYEE SHALL RECEIVE HIS OR HER FULL WAGES. BENEFITS MAY BE PAYABLE TO EMPLOYEES FOR PAID FAMILY LEAVE TAKEN INTERMITTENTLY OR FOR LESS THAN A FULL WORK WEEK IN INCREMENTS OF ONE FULL DAY OR ONE FIFTH OF THE WEEKLY BENEFIT. (B) The weekly benefit which the disabled employee is entitled to receive for disability commencing on or after May first, nineteen hundred eighty-nine shall be one-half of the employee's weekly wage, but in no case shall such benefit exceed one hundred seventy dollars; except that if the employee's average weekly wage is less than twenty dollars, the benefit shall be such average weekly wage. The weekly benefit which the disabled employee is entitled to receive for disability commencing on or after July first, nineteen hundred eighty-four shall be one-half of the employee's weekly wage, but in no case shall such benefit exceed one hundred forty-five dollars; except that if the employee's average weekly wage is less than twenty dollars, the benefit shall be such aver- age weekly wage. The weekly benefit which the disabled employee is enti- tled to receive for disability commencing on or after July first, nine- teen hundred eighty-three and prior to July first, nineteen hundred eighty-four shall be one-half of the employee's average weekly wage, but in no case shall such benefit exceed one hundred thirty-five dollars nor be less than twenty dollars; except that if the employee's average week- ly wage is less than twenty dollars the benefit shall be such average weekly wage. The weekly benefit which the disabled employee is entitled to receive for disability commencing on or after July first, nineteen hundred seventy-four, and prior to July first, nineteen hundred eighty- S. 6405--A 69 A. 9005--A three, shall be one-half of the employee's average weekly wage, but in no case shall such benefit exceed ninety-five dollars nor be less than twenty dollars; except that if the employee's average weekly wage is less than twenty dollars, the benefit shall be such average weekly wage. The weekly benefit which the disabled employee is entitled to receive for disability commencing on or after July first, nineteen hundred seventy and prior to July first, nineteen hundred seventy-four shall be one-half of the employee's average weekly wage, but in no case shall such benefit exceed seventy-five dollars nor be less than twenty dollars; except that if the employee's average weekly wage is less than twenty dollars the benefit shall be such average weekly wage. For any period of disability less than a full week, the benefits payable shall be calculated by dividing the weekly benefit by the number of the employee's normal work days per week and multiplying the quotient by the number of normal work days in such period of disability. The weekly benefit for a disabled employee who is concurrently eligible for bene- fits in the employment of more than one covered employer shall, within the maximum and minimum herein provided, be one-half of the total of the employee's average weekly wages received from all such covered employ- ers, and shall be allocated in the proportion of their respective aver- age weekly wage payments. S 6. Section 205 of the workers' compensation law, as added by chapter 600 of the laws of 1949, subdivision 1 as amended by chapter 651 of the laws of 1958, subdivision 2 as amended by chapter 270 of the laws of 1990, subdivision 5 as amended by chapter 288 of the laws of 1970, and subdivisions 3, 4, 5, 6, 7 and 8 as renumbered by chapter 352 of the laws of 1981, is amended to read as follows: S 205. Disabilities, FAMILY LEAVE and [disability] periods for which benefits are not payable. 1. No employee shall be entitled to DISABILITY benefits under this article: [1.] (A) For more than twenty-six weeks MINUS ANY DAYS TAKEN FOR FAMI- LY LEAVE DURING ANY FIFTY-TWO CONSECUTIVE CALENDAR WEEKS during a period of fifty-two consecutive calendar weeks or during any one period of disability, OR FOR MORE THAN TWENTY-SIX WEEKS; [2.] (B) for any period of disability during which an employee is not under the care of a duly licensed [physician or with respect to disabil- ity resulting from a condition of the foot which may lawfully be treated by a duly registered and licensed podiatrist of the state of New York or with respect to a disability resulting from a condition which may lawfully be treated by a duly registered and licensed chiropractor of the state of New York or with respect to a disability resulting from a condition which may lawfully be treated by a duly licensed dentist of the state of New York or with respect to a disability resulting from a condition which may lawfully be treated by a duly registered and licensed psychologist of the state of New York or with respect to a disability resulting from a condition which may lawfully be treated by a duly certified nurse midwife, for any period of such disability during which an employee is neither under the care of a physician nor a podia- trist, nor a chiropractor, nor a dentist, nor a psychologist, nor a certified nurse midwife] HEALTH CARE PROVIDER; and for any period of disability during which an employee who adheres to the faith or teach- ings of any church or denomination and who in accordance with its creed, tenets or principles depends for healing upon prayer through spiritual means alone in the practice of religion, is not under the care of a practitioner duly accredited by the church or denomination, and provided S. 6405--A 70 A. 9005--A such employee shall submit to all physical examinations as required by this chapter. 2. NO EMPLOYEE SHALL BE ENTITLED TO FAMILY LEAVE BENEFITS UNDER THIS ARTICLE: (A) FOR MORE THAN TWELVE WEEKS DURING A PERIOD OF FIFTY-TWO CONSEC- UTIVE CALENDAR WEEKS, OR FOR ANY PERIOD IN WHICH THE FAMILY LEAVE COMBINED WITH THE DISABILITY BENEFITS PREVIOUSLY PAID EXCEEDS TWENTY-SIX WEEKS DURING THE SAME FIFTY-TWO CONSECUTIVE CALENDAR WEEKS; (B) FOR ANY PERIOD OF FAMILY LEAVE WHEREIN THE NOTICE AND MEDICAL CERTIFICATION AS PRESCRIBED BY THE CHAIR HAS NOT BEEN FILED. AT THE DISCRETION OF THE CHAIR OR CHAIR'S DESIGNEE, THE FAMILY MEMBER WHO IS THE RECIPIENT OF CARE MAY BE REQUIRED TO SUBMIT TO A PHYSICAL EXAMINA- TION BY A QUALIFIED HEALTH CARE PROVIDER. SUCH EXAMINATION SHALL BE PAID FOR BY THE CARRIER. (C) AS A CONDITION OF AN EMPLOYEE'S INITIAL RECEIPT OF FAMILY LEAVE BENEFITS DURING ANY FIFTY-TWO CONSECUTIVE CALENDAR WEEKS IN WHICH AN EMPLOYEE IS ELIGIBLE FOR THESE BENEFITS, AN EMPLOYER MAY OFFER AN EMPLOYEE WHO HAS ACCRUED BUT UNUSED VACATION TIME OR PERSONAL LEAVE AVAILABLE AT THE TIME OF USE OF AVAILABLE FAMILY LEAVE TO CHOOSE WHETHER TO CHARGE ALL OR PART OF THE FAMILY LEAVE TIME TO ACCRUED BUT UNUSED VACATION OR PERSONAL LEAVE, AND RECEIVE FULL SALARY, OR TO NOT CHARGE TIME TO ACCRUED BUT UNUSED VACATION OR PERSONAL LEAVE, AND RECEIVE THE BENEFIT AS SET FORTH IN SECTION TWO HUNDRED FOUR OF THIS ARTICLE. AN EMPLOYER THAT PAYS FULL SALARY DURING A PERIOD OF FAMILY LEAVE MAY REQUEST REIMBURSEMENT IN ACCORDANCE WITH SECTION TWO HUNDRED THIRTY-SEV- EN OF THIS ARTICLE. WITH THE ELECTION OF EITHER OPTION, THE EMPLOYEE SHALL RECEIVE THE FULL PROTECTION OF THE REINSTATEMENT PROVISION SET FORTH IN SECTION TWO HUNDRED THREE-B OF THIS ARTICLE, AND SHALL CONCUR- RENTLY USE AVAILABLE FAMILY MEDICAL LEAVE ACT AND PAID FAMILY LEAVE CREDITS. IN NO EVENT CAN AN EMPLOYEE UTILIZE FAMILY LEAVE BEYOND THE TWELVE WEEKS PER ANY FIFTY-TWO WEEK PERIOD SET FORTH IN THIS ARTICLE. THIS PARAGRAPH MAY NOT BE CONSTRUED IN A MANNER THAT RELIEVES AN EMPLOY- ER OF ANY DUTY OF COLLECTIVE BARGAINING THE EMPLOYER MAY HAVE WITH RESPECT TO THE SUBJECT MATTER OF THIS PARAGRAPH. 3. NO EMPLOYEE SHALL BE ENTITLED TO DISABILITY OR FAMILY LEAVE BENE- FITS UNDER THIS ARTICLE: (A) for any disability occasioned by the wilful intention of the employee to bring about injury to or the sickness of himself or another, or resulting from any injury or sickness sustained in the perpetration by the employee of an illegal act; [4.] (B) for any day of disability OR FAMILY LEAVE during which the employee performed work for remuneration or profit; [5.] (C) for any day of disability OR FAMILY LEAVE for which the employee is entitled to receive from his OR HER employer, or from a fund to which the employer has contributed, remuneration or maintenance in an amount equal to or greater than that to which he OR SHE would be enti- tled under this article; but any voluntary contribution or aid which an employer may make to an employee or any supplementary benefit paid to an employee pursuant to the provisions of a collective bargaining agreement or from a trust fund to which contributions are made pursuant to the provisions of a collective bargaining agreement shall not be considered as continued remuneration or maintenance for this purpose; [6.] (D) for any period in respect to which such employee is subject to suspension or disqualification of the accumulation of unemployment insurance benefit rights, or would be subject if he OR SHE were eligible S. 6405--A 71 A. 9005--A for such benefit rights, except for ineligibility resulting from the employee's disability; [7.] (E) for any disability due to any act of war, declared or unde- clared[, if such act shall occur after June thirtieth, nineteen hundred fifty]; [8.] (F) for any disability OR FAMILY LEAVE commencing before the employee becomes eligible to benefits [hereunder or commencing prior to July first, nineteen hundred fifty, but this shall not preclude benefits for recurrence after July first, nineteen hundred fifty, of a disability commencing prior thereto] UNDER THIS SECTION. 4. AN EMPLOYEE WHO HAS GIVEN BIRTH MAY USE NO MORE THAN A COMBINED TWELVE WEEKS PURSUANT TO SUBDIVISION ONE FOR RECOVERY FROM CHILDBIRTH AND SUBDIVISION TWO FOR BONDING WITH THE CHILD AS PERMITTED UNDER SUBDI- VISION FIFTEEN OF SECTION 201, DURING ANY FIFTY-TWO CONSECUTIVE CALENDAR WEEKS. AN EMPLOYEE MAY NOT SEEK BENEFITS CONCURRENTLY UNDER BOTH SUBDI- VISIONS ONE AND TWO OF THIS SECTION. S 7. Section 206 of the workers' compensation law, as amended by chap- ter 699 of the laws of 1956, paragraph (a) of subdivision 1 as separate- ly amended by chapters 699 and 929 of the laws of 1956 and subdivision 2 as amended by chapter 24 of the laws of 1988, is amended to read as follows: S 206. Non-duplication of benefits. 1. No DISABILITY benefits shall be payable under section two hundred four or two hundred seven OF THIS ARTICLE: (a) in a weekly benefit amount which, together with any amount that the employee receives or is entitled to receive for the same period or any part thereof as a permanent disability benefit or annuity under any governmental system or program, except under a veteran's disability program, or under any permanent disability policy or program of an employer for whom he OR SHE has performed services, would, if appor- tioned to weekly periods, exceed his OR HER weekly benefit amount [here- under] UNDER THIS SECTION, provided however, that there shall be no offset against the benefits set forth in this article if the claim for disability benefits is based on a disability other than the permanent disability for which the aforesaid permanent disability benefit or annu- ity was granted; (b) with respect to any week for which payments are received under the unemployment insurance law or similar law of this state or of any other state or of the United States; (c) subject to the provisions of subdivision two of this section, for any period with respect to which benefits, compensation or other allow- ances (other than [workmen's] WORKERS' compensation benefits for a permanent partial disability occurring prior to the disability for which benefits are claimed hereunder) are paid or payable under this chapter, the volunteer [firemen's] FIREFIGHTERS' benefit law, or any other [work- men's] WORKERS' compensation act, occupational disease act or similar law, or under any employers' liability act or similar law; under any other temporary disability or cash sickness benefits act or similar law; under section six hundred eighty-eight, title forty-six, United States code; under the federal employers' liability act; or under the maritime doctrine of maintenance, wages and cure. 2. If an employee who is eligible for DISABILITY benefits under section two hundred three or two hundred seven OF THIS ARTICLE is disa- bled and has claimed or subsequently claims workers' compensation bene- fits under this chapter or benefits under the volunteer firefighters' benefit law or the volunteer ambulance workers' benefit law, and such S. 6405--A 72 A. 9005--A claim is controverted on the ground that the employee's disability was not caused by an accident that arose out of and in the course of his employment or by an occupational disease, or by an injury in line of duty as a volunteer firefighter or volunteer ambulance worker, the employee shall be entitled in the first instance to receive benefits under this article for his OR HER disability. If benefits have been paid under this article in respect to a disability alleged to have arisen out of and in the course of the employment or by reason of an occupational disease, or in line of duty as a volunteer firefighter or a volunteer ambulance worker, the employer or carrier or the chairman making such payment may, at any time before award of workers' compensation benefits, or volunteer firefighters' benefits or volunteer ambulance workers' benefits, is made, file with the board a claim for reimbursement out of the proceeds of such award to the employee for the period for which disability benefits were paid to the employee under this article, and shall have a lien against the award for reimbursement, notwithstanding the provisions of section thirty-three of this chapter or section twen- ty-three of the volunteer firefighters' benefit law or section twenty- three of the volunteer ambulance workers' benefit law provided the insurance carrier liable for payment of the award receives, before such award is made, a copy of the claim for reimbursement from the employer, carrier or [chairman] CHAIR who paid disability benefits, or provided the board's decision and award directs such reimbursement therefrom. 3. NO FAMILY LEAVE BENEFITS SHALL BE PAYABLE UNDER SECTION TWO HUNDRED FOUR OF THIS ARTICLE: (A) DURING PERIODS WHEN THE EMPLOYEE IS RECEIVING WORKERS' COMPEN- SATION LOST WAGE BENEFITS, OR BENEFITS UNDER THE VOLUNTEER FIREFIGHTERS' BENEFIT LAW OR THE VOLUNTEER AMBULANCE WORKERS' BENEFIT LAW OR UNDER ANY STATE'S LAW; (B) TO AN EMPLOYEE WHO IS NOT EMPLOYED OR IS ON ADMINISTRATIVE LEAVE FROM HIS OR HER EMPLOYMENT; (C) TO AN EMPLOYEE DURING PERIODS WHERE THE EMPLOYEE IS COLLECTING SICK PAY OR PAID TIME OFF FROM THE EMPLOYER; AND (D) FOR ANY DAY IN WHICH CLAIMANT WORKS AT LEAST PART OF THAT DAY FOR RENUMERATION OR PROFIT. 4. UNLESS OTHERWISE EXPRESSLY PERMITTED BY THE EMPLOYER, BENEFITS AVAILABLE UNDER 29 U.S. CODE CHAPTER 28 (THE FAMILY AND MEDICAL LEAVE ACT) MUST BE USED CONCURRENTLY WITH FAMILY LEAVE BENEFITS. AN EMPLOYER SHALL NOT BE REQUIRED TO PERMIT TWELVE ADDITIONAL WEEKS OF BENEFITS FOLLOWING EXHAUSTION OF THE TWELVE WEEKS OF PAID FAMILY LEAVE BENEFITS. 5. A COVERED EMPLOYER IS NOT REQUIRED TO PERMIT MORE THAN ONE EMPLOYEE TO USE THE SAME PERIOD OF FAMILY LEAVE TO CARE FOR THE SAME FAMILY MEMBER. S 8. Section 207 of the workers' compensation law is amended by adding a new subdivision 5 to read as follows: 5. THE FOREGOING PROVISIONS OF THIS SECTION SHALL NOT APPLY TO FAMILY LEAVE BENEFITS, AS FAMILY LEAVE BENEFITS ARE NOT AVAILABLE TO EMPLOYEES THAT ARE NOT EMPLOYED AT THE TIME FAMILY LEAVE IS REQUESTED BY FILING THE NOTICE AND MEDICAL CERTIFICATION REQUIRED BY THE CHAIR. S 9. Section 208 of the workers' compensation law, as added by chapter 600 of the laws of 1949, subdivision 1 as amended by chapter 314 of the laws of 2010, is amended to read as follows: S 208. Payment of disability AND FAMILY LEAVE benefits. 1. Benefits provided under this article shall be paid periodically and promptly and, except as to a contested period of disability OR FAMILY LEAVE, without any decision by the board, OR DESIGNEE OF THE CHAIR. The first payment S. 6405--A 73 A. 9005--A of benefits shall be due on the fourteenth day of disability OR FAMILY LEAVE and benefits for that period shall be paid directly to the employ- ee within four business days thereafter or within four business days after the filing of required proof of claim, whichever is the later. Thereafter benefits shall be due and payable bi-weekly in like manner. The [chairman] CHAIR OR CHAIR'S DESIGNEE may determine that benefits may be paid monthly or semi-monthly if wages were so paid, and may authorize deviation from the foregoing requirements to facilitate prompt payment of benefits. Any inquiry which requires the employee's response in order to continue benefits uninterrupted or unmodified shall provide a reason- able time period in which to respond and include a clear and prominent statement of the deadline for responding and consequences of failing to respond. 2. The [chairman] CHAIR AND SUPERINTENDENT OF FINANCIAL SERVICES may, whenever such information is deemed necessary, require any carrier to file in form prescribed by the [chairman] CHAIR a report or reports as to any claim or claims, including (but without limitation) dates of commencement and termination of benefit payments and amount of benefits paid under this article. The [chairman] CHAIR AND SUPERINTENDENT OF FINANCIAL SERVICES may also require annually information in respect to the aggregate of benefits paid, the number of claims allowed and disal- lowed, the average benefits and duration of benefit periods, the amount of payrolls covered and such other information as the [chairman] CHAIR may deem necessary for the purposes of administering this article. If the carrier is providing benefits in respect to more than one employer, the [chairman] CHAIR AND SUPERINTENDENT OF FINANCIAL SERVICES may require that such information be shown separately as to those employers who are providing only benefits that are substantially the same as the benefits required in this article. THE CHAIR AND SUPERINTENDENT OF FINANCIAL SERVICES MAY PRESCRIBE THE FORMAT OF SUCH REPORT AND MAY PROMULGATE REGULATIONS TO EFFECTUATE THIS ARTICLE. S 10. Section 209 of the workers' compensation law, as added by chap- ter 600 of the laws of 1949, subdivision 3 as amended by chapter 415 of the laws of 1983 and subdivision 4 as amended by chapter 134 of the laws of 1952, is amended to read as follows: S 209. Contribution of employees for disability AND FAMILY LEAVE bene- fits. 1. Every employee in the employment of a covered employer shall[, on and after January first, nineteen hundred fifty,] contribute to the cost of providing disability AND AFTER JANUARY FIRST, TWO THOUSAND EIGH- TEEN, FAMILY LEAVE benefits under this article, to the extent and in the manner herein provided. 2. The special contribution of each such employee to the accumulation of funds to provide benefits for disabled unemployed shall be as provided in subdivision one of section two hundred fourteen OF THIS ARTICLE. 3. (A) DISABILITY BENEFITS. The contribution of each such employee to the cost of disability benefits provided by this article shall be one- half of one per centum of the employee's wages paid to him OR HER on and after July first, nineteen hundred fifty, but not in excess of sixty cents per week. (B) FAMILY LEAVE BENEFITS. ON SEPTEMBER FIRST, TWO THOUSAND SEVENTEEN AND ANNUALLY THEREAFTER THE SUPERINTENDENT OF FINANCIAL SERVICES SHALL SET THE MAXIMUM EMPLOYEE CONTRIBUTION, USING THE REPORTS PROVIDED IN SECTION TWO HUNDRED EIGHT OF THIS ARTICLE, AND CONSISTENT WITH THE PRIN- CIPLE THAT THE COSTS OF FAMILY LEAVE SHOULD BE FUNDED ONE HUNDRED PERCENT BY EMPLOYEE PAYROLL CONTRIBUTION. S. 6405--A 74 A. 9005--A 4. Notwithstanding any other provision of law, the employer is author- ized to collect from his OR HER employees, except as otherwise provided in any plan or agreement under the provisions of subdivisions four or five of section two hundred eleven OF THIS ARTICLE, the contribution provided under subdivisions two and three OF THIS SECTION, through payroll deductions. If the employer shall not make deduction for any payroll period he OR SHE may thereafter, but not later than one month after payment of wages, collect such contribution through payroll deduction. 5. In collecting employee contributions through payroll deductions, the employer shall act as the agent of his OR HER employees and shall use the contributions only to provide disability AND FAMILY LEAVE bene- fits as required by this article. IN NO EVENT MAY THE EMPLOYEE'S ANNUAL CONTRIBUTION FOR FAMILY LEAVE EXCEED HIS OR HER PRO RATA SHARE OF THE ACTUAL ANNUAL PREMIUM CHARGED FOR THE SAME YEAR AND MUST BE DETERMINED CONSISTENT WITH THE PRINCIPLE THAT EMPLOYEES SHOULD PAY THE TOTAL COSTS OF FAMILY LEAVE PREMIUM. IN NO EVENT MAY THE EMPLOYEE'S WEEKLY CONTRIB- UTION FOR DISABILITY PREMIUM EXCEED ONE-HALF OF ONE PER CENTUM OF THE EMPLOYEE'S WAGES PAID TO HIM OR HER, BUT NOT IN EXCESS OF SIXTY CENTS PER WEEK. After June thirtieth, nineteen hundred fifty, if the employer is not providing, or to the extent that he OR SHE is not then providing, for the payment of disability benefits to his OR HER employees by insur- ing with the state fund or with another insurance carrier, he OR SHE shall keep the contributions of his OR HER employees as trust funds separate and apart from all other funds of the employer. The payment of such contributions by the employer to a carrier providing for the payment of such benefits shall discharge the employer from responsibil- ity with respect to such contributions. S 11. Section 210 of the workers' compensation law, as added by chap- ter 600 of the laws of 1949, is amended to read as follows: S 210. Employer contributions. 1. Every covered employer shall, on and after January first, nineteen hundred fifty, contribute the cost of providing disability AND FAMILY LEAVE benefits in excess of the contrib- utions collected from his OR HER employees, to the extent and in the manner provided in this article. 2. The special contribution of each covered employer to the accumu- lation of funds to provide benefits for disabled unemployed shall be as provided in subdivision one of section two hundred fourteen OF THIS ARTICLE. 3. The contribution of every covered employer to the cost of providing disability benefits after June thirtieth, nineteen hundred fifty, AND PROVIDING DISABILITY AND FAMILY LEAVE BENEFITS AFTER JANUARY FIRST, TWO THOUSAND EIGHTEEN, shall be the excess of such cost over the amount of the contributions of his OR HER employees. 4. No profit shall be derived by any employer or association of employers or of employees from providing payment of disability AND FAMI- LY LEAVE benefits under this article. All funds representing contrib- utions of employers and employees, and increments thereon, held by employers or associations of employers or of employees authorized or permitted to pay benefits under the provisions of this article, and by trustees paying benefits under plans or agreements meeting the require- ments of section two hundred eleven OF THIS ARTICLE, shall be trust funds and shall be expended only to provide for the payment of benefits to employees and for the costs of administering this article and for the support of the fund established under section two hundred fourteen OF THIS ARTICLE. S. 6405--A 75 A. 9005--A S 12. The opening paragraph and subdivisions 3, 4 and 5 of section 211 of the workers' compensation law, the opening paragraph as added by chapter 600 of the laws of 1949, subdivision 3 as amended by chapter 207 of the laws of 1992, and subdivisions 4 and 5 as amended by chapter 197 of the laws of 1960, are amended, and new subdivisions 7 and 8 are added to read as follows: A covered employer shall, with his OR HER own contributions and the contributions of his employees, provide disability AND AFTER JANUARY FIRST, TWO THOUSAND EIGHTEEN, FAMILY LEAVE benefits to his OR HER employees in one or more of the following ways: 3. by furnishing satisfactory proof to the chair of the employers financial ability to pay such benefits, in which case the chair shall require the deposit of such securities as the chair may deem necessary [of the kind prescribed in subdivisions one, two, three, four and five and paragraph a of subdivision seven of section two hundred thirty-five of the banking law or the deposit of cash or the filing of irrevocable letters of credit issued by a qualified banking institution as defined by rules promulgated by the chair or the filing of the bond of a surety company authorized to do business in this state, conditioned on the payment by the employer of its obligations under this article and in form approved by the chair, or the posting and filing of a combination of such securities, cash, irrevocable letters of credit and surety bonds in an amount to be determined by the chair, to secure his or her liabil- ity to pay the compensation provided in this chapter. The amount of deposit or of the penal sum of the bond shall be determined by the chair and shall not be less than one-half the estimated contributions of the employees of the employer for the ensuing year or one-half of the contributions of the employees which would have been paid by the employ- ees during the preceding year, whichever is the greater, or if such amount is more than fifty thousand dollars an amount not less than fifty thousand dollars. The chair shall have authority to deny an application to provide benefits pursuant to this subdivision or to revoke approval at any time for good cause shown. In the case of an employer who main- tains a deposit of securities, irrevocable letters of credit or cash in accordance with subdivision three of section fifty of this chapter, the chair may reduce the amount of the deposit or of the penal sum of the bond, provided the securities, irrevocable letters of credit or cash deposited by or for such employer under subdivision three of section fifty of this chapter are, by agreement satisfactory to the chair, made available for the payment of unpaid benefits under this article with respect to obligations incurred for disabilities commencing prior to the effective date of such revocation] CONSISTENT WITH THE PROVISIONS OF SUBDIVISION THREE OF SECTION FIFTY OF THIS CHAPTER. An association of employers or employees authorized to pay benefits under this article or the trustee or trustees paying benefits under a plan or agreement authorized under subdivisions four and five of this section, may with the approval of the chair furnish such proof and otherwise comply with the provisions of this section to provide disability AND FAMILY LEAVE benefits to employees under such plan or agreement. 4. by a plan in existence on the effective date of this article. If on the effective date of this article the employees of a covered employer or any class or classes of such employees are entitled to receive disa- bility AND FAMILY LEAVE benefits under a plan or agreement which remains in effect on July first, nineteen hundred fifty, the employer, subject to the requirements of this section, shall be relieved of responsibility for making provision for benefit payments required under this article S. 6405--A 76 A. 9005--A until the earliest date, determined by the [chairman] CHAIR for the purposes of this article, upon which the employer shall have the right to discontinue the provisions thereof or to discontinue his contrib- utions towards the cost. Any such plan or agreement may be extended, with or without modification, by agreement or collective bargaining between an employer or employers or association of employers and an association of employees, in which event the period for which the employer is relieved of such responsibility shall include such period of extension. Any other plan or agreement in existence on the effective date of this article which the employer may, by his OR HER sole act, terminate at any time, or with respect to which he OR SHE is not obli- gated to continue for any period to make contributions, may be accepted by the [chairman] CHAIR as satisfying the obligation to provide for the payment of benefits under this article if such plan or agreement provides benefits at least as favorable as the disability AND FAMILY LEAVE benefits provided by this article and does not require contrib- utions of any employee or of any class or classes of employees in excess of the statutory amount provided in SUBDIVISION THREE OF section two hundred nine OF THIS ARTICLE, subdivision three, except by agreement and provided the contribution is reasonably related to the value of the benefits as determined by the CHAIR [chairman]. The [chairman] CHAIR may require that the employer shall enter into an agreement in writing with the [chairman] CHAIR that he OR SHE will pay the assessments set forth in sections two hundred fourteen and two hundred twenty-eight and that until he OR SHE shall have filed written notice with the CHAIR [chair- man] of his OR HER election to terminate such plan or agreement or to discontinue making necessary contributions to its cost, he OR SHE will continue to provide for the payment of the disability AND FAMILY LEAVE benefits under such plan or agreement. During any period in which any plan or agreement or extension thereof authorized under this subdivision provides for payment of benefits under this article, the responsibility of the employer and the obligations and benefits of the employees shall be as provided in said plan or agreement rather than as provided under this article, other than the benefits provided in section two hundred seven, and provided the employer or carrier has agreed to pay the assessments described in sections two hundred fourteen and two hundred twenty-eight. Any such plan or agreement may be extended with or without modifica- tion, provided the benefits under such plan or agreement, as extended or modified, shall be found by the [chairman] CHAIR to be at least as favorable as the benefits provided by this article. 5. by a new plan or agreement. After the effective date of this arti- cle, a new plan or agreement with a carrier may be accepted by the CHAIR [chairman] as satisfying the obligation to provide for the payment of benefits under this article if such plan or agreement shall provide benefits at least as favorable as the disability AND FAMILY LEAVE bene- fits provided by this article and does not require contributions of any employee or of any class or classes of employees in excess of the statu- tory amount provided in section two hundred nine, subdivision three, except by agreement and provided the contribution is reasonably related to the value of the benefits as determined by the [chairman] CHAIR. Any such plan or agreement shall continue until written notice filed with the [chairman] CHAIR of intention to terminate such plan or agreement, and any modification of such plan or agreement shall be subject to the written approval of the [chairman] CHAIR. S. 6405--A 77 A. 9005--A During any period in which any plan or agreement or extension thereof authorized under this subdivision provides for payment of benefits under this article, the responsibility of the employer and the obligations and benefits of the employees shall be as provided in said plan or agreement rather than as provided under this article, other than the benefits provided in section two hundred seven, and provided the employer or carrier has agreed to pay the assessments described in sections two hundred fourteen and two hundred twenty-eight. 7. PREMIUMS FOR POLICIES PROVIDING DISABILITY OR FAMILY LEAVE BENEFITS IN ACCORDANCE WITH THIS ARTICLE SHALL BE CALCULATED IN ACCORDANCE WITH APPLICABLE PROVISIONS OF THE INSURANCE LAW, INCLUDING SUBSECTION (N) OF SECTION FOUR THOUSAND TWO HUNDRED AND THIRTY-FIVE OF SUCH LAW. 8. AN EMPLOYER PROVIDING DISABILITY BENEFITS COVERAGE PURSUANT TO SUBDIVISION THREE OF THIS SECTION MAY OBTAIN COVERAGE FOR FAMILY LEAVE BENEFITS SEPARATELY PURSUANT TO SUBDIVISION ONE OR SUBDIVISION TWO OF THIS SECTION. S 13. Subdivisions 1, 2, 4 and 5 of section 212 of the workers' compensation law, subdivision 1 as amended by chapter 740 of the laws of 1960, subdivision 2 as amended by chapter 120 of the laws of 1969, subdivision 4 as amended by chapter 205 of the laws of 1993, and subdi- vision 5 as added by chapter 593 of the laws of 1992, are amended to read as follows: 1. Any employer not required by this article to provide for the payment of disability OR FAMILY LEAVE benefits to his employees, or to any class or classes thereof, may become a covered employer or bring within the provisions of this article such employees or class or classes thereof by voluntarily electing to provide for payment of such benefits in one or more of the ways set forth in section two hundred eleven OF THIS ARTICLE; but such election shall be subject to the approval of the [chairman] CHAIR, and if the employees are required to contribute to the cost of such benefits the assent within thirty days before such approval is granted, of more than one-half of such employees shall be evidenced to the satisfaction of the [chairman] CHAIR. On approval by the [chair- man] CHAIR of such election to provide benefits, all the provisions of this article shall become and continue applicable as if the employer were a covered employer as defined in this article. The obligation to continue as a covered employer with respect to employees for whom provision of benefits is not required under this article, may be discon- tinued by such employer on ninety days notice to the [chairman] CHAIR in writing and to his OR HER employees, after he OR SHE has provided for payment of benefits for not less than one year and with such provision for payment of obligations incurred on and prior to the termination date as the [chairman] CHAIR may approve. 2. Notwithstanding the definition of "employer" and "employment" in section two hundred one of this article, a public authority, a municipal corporation or a fire district or other political subdivision may become a covered employer FOR THE PURPOSE OF PROVIDING DISABILITY BENEFITS under this article by complying with the provisions of subdivision one of this section and may discontinue such status only as provided in that subdivision. 4. (A) An executive officer of a corporation who at all times during the period involved owns all of the issued and outstanding stock of the corporation and holds all of the offices pursuant to paragraph (e) of section seven hundred fifteen of the business corporation law or two executive officers of a corporation who at all times during the period involved between them own all of the issued and outstanding stock of S. 6405--A 78 A. 9005--A such corporation and hold all such offices provided, however, that each officer must own at least one share of stock and who is the executive officer or who are the executive officers of a corporation having other persons who are employees required to be covered under this article, shall be deemed to be included in the corporation's disability AND FAMI- LY LEAVE benefits insurance contract or covered by a certificate of self-insurance or a plan under section two hundred eleven of this arti- cle, unless the officer or officers elect to be excluded from the cover- age of this article. Such election shall be made by any such corporation filing with the insurance carrier, or the chair of the workers' compen- sation board in the case of self-insurance, upon a form prescribed by the [chairman] CHAIR, a notice that the corporation elects to exclude the executive officer or officers of such corporation named in the notice from the coverage of this article. Such election shall be effec- tive with respect to all policies issued to such corporation by such insurance carrier as long as it shall continuously insure the corpo- ration. Such election shall be final and binding upon the executive officer or officers named in the notice until revoked by the corpo- ration. (B) NOTWITHSTANDING THE DEFINITION OF "EMPLOYER" IN SECTION TWO HUNDRED ONE OF THIS ARTICLE, A SOLE PROPRIETOR, MEMBER OF A LIMITED LIABILITY COMPANY OR LIMITED LIABILITY PARTNERSHIP, OR OTHER SELF-EM- PLOYED PERSON MAY BECOME A COVERED EMPLOYER UNDER THIS ARTICLE BY COMPLYING WITH THE PROVISIONS OF SUBDIVISION ONE OF THIS SECTION. 5. A spouse who is an employee of a covered employer shall be deemed to be included in the employer's disability AND FAMILY LEAVE benefits insurance contract or covered by a certificate of self-insurance or a plan under section two hundred eleven of this article, unless the employer elects to exclude such spouse from the coverage of this arti- cle. Such election shall be made by any such employer filing with the insurance carrier, or the chair of the workers' compensation board in the case of self-insurance, upon a form prescribed by the chair, a notice that the employer elects to exclude such spouse named in the notice from the coverage of this article. Such election shall be effec- tive with respect to all policies issued to such employer by such insur- ance carrier as long as it shall continuously insure the employer. Such election shall be final and binding upon the spouse named in the notice until revoked by the employer. S 14. The workers' compensation law is amended by adding new sections 212-a and 212-b to read as follows: S 212-A. NOTWITHSTANDING THE DEFINITION OF "EMPLOYER" AND "EMPLOYMENT" SET FORTH IN SECTION TWO HUNDRED ONE OF THIS ARTICLE AND THE REQUIREMENT FOR INSURANCE POLICIES TO OFFER BOTH DISABILITY AND FAMILY LEAVE COVER- AGE SET FORTH IN TWO HUNDRED TWENTY SIX OF THIS ARTICLE, THE STATE, ANY POLITICAL SUBDIVISION OF THE STATE, A PUBLIC AUTHORITY OR ANY OTHER GOVERNMENTAL AGENCY OR INSTRUMENTALITY, MAY ELECT TO BECOME A COVERED EMPLOYER SOLELY FOR THE PURPOSE OF FAMILY LEAVE BENEFITS. COVERAGE FOR FAMILY LEAVE BENEFITS MAY BE SECURED BY A PUBLIC EMPLOYER, AS THAT TERM IS DEFINED IN SUBDIVISION ONE OF SECTION TWO HUNDRED TWELVE-B OF THIS ARTICLE, AS PERMITTED BY THIS ARTICLE, INCLUDING AS APPLICABLE SECTION TWO HUNDRED ELEVEN, SUBDIVISION FOUR OF SECTION FIFTY, OR SECTION EIGHT- Y-EIGHT-C. THE PROVIDER OF FAMILY LEAVE COVERAGE FOR SUCH PUBLIC EMPLOY- EES SHALL BE EXEMPT FROM THE REQUIREMENT THAT INSURANCE POLICIES OFFER BOTH DISABILITY AND FAMILY LEAVE BENEFITS IN SECTION TWO HUNDRED TWEN- TY-SIX OF THIS ARTICLE. S. 6405--A 79 A. 9005--A S 212-B. PUBLIC EMPLOYEES; PUBLIC EMPLOYEES REPRESENTED BY AN EMPLOYEE ORGANIZATION; EMPLOYEE OPT IN. 1. FOR PURPOSES OF THIS SECTION, "PUBLIC EMPLOYEE" MEANS ANY EMPLOYEE OF THE STATE, ANY POLITICAL SUBDIVISION OF THE STATE, A PUBLIC AUTHORITY OR ANY OTHER GOVERNMENTAL AGENCY OR INSTRUMENTALITY. "PUBLIC EMPLOYER" MEANS THE STATE, ANY POLITICAL SUBDIVISION OF THE STATE, A PUBLIC AUTHORITY OR ANY OTHER GOVERNMENTAL AGENCY OR INSTRUMENTALITY THEREOF. "EMPLOYEE ORGANIZATION" SHALL HAVE THE SAME MEANING SET FORTH IN SECTION TWO HUNDRED ONE OF THE CIVIL SERVICE LAW. 2. PUBLIC EMPLOYERS SHALL PROVIDE BENEFITS FOR FAMILY LEAVE TO PUBLIC EMPLOYEES IN ACCORDANCE WITH THE PROCEDURES AND TERMS SET FORTH IN SUBDIVISION THREE OF THIS SECTION. 3. (A) AN EMPLOYEE ORGANIZATION MAY, PURSUANT TO COLLECTIVE BARGAIN- ING, OPT IN TO PAID FAMILY LEAVE BENEFITS ON BEHALF OF THOSE PUBLIC EMPLOYEES IT IS EITHER CERTIFIED OR RECOGNIZED, WITHIN THE MEANING OF ARTICLE 14 OF THE CIVIL SERVICE LAW, TO REPRESENT AT ANY TIME THAT IS MUTUALLY AGREED UPON BETWEEN THE EMPLOYEE ORGANIZATION AND ANY PUBLIC EMPLOYER. AN EMPLOYEE ORGANIZATION THAT HAS OPTED IN TO PAID FAMILY LEAVE BENEFITS MAY, PURSUANT TO COLLECTIVE BARGAINING, OPT OUT OF IT AS IS MUTUALLY AGREED UPON BETWEEN THE EMPLOYEE ORGANIZATION AND ANY PUBLIC EMPLOYER. B. FOR PUBLIC EMPLOYEES WHO ARE NOT REPRESENTED BY AN EMPLOYEE ORGAN- IZATION, THE PUBLIC EMPLOYER MAY OPT-IN TO PAID FAMILY LEAVE BENEFITS WITHIN NINETY DAYS NOTICE TO SUCH PUBLIC EMPLOYEES. FOLLOWING OPT-IN BY A PUBLIC EMPLOYER FOR PUBLIC EMPLOYEES NOT REPRESENTED BY AN EMPLOYEE ORGANIZATION, THE PUBLIC EMPLOYER MAY OPT-OUT OF PAID FAMILY LEAVE BENE- FITS WITH TWELVE MONTHS NOTICE TO THOSE PUBLIC EMPLOYEES. 4. IN THE ABSENCE OF ANY CONTRARY STATEMENT IN A COLLECTIVELY NEGOTI- ATED AGREEMENT UNDER ARTICLE FOURTEEN OF THE CIVIL SERVICE LAW, A PUBLIC EMPLOYER MAY REQUIRE PUBLIC EMPLOYEES WHO OPT IN UNDER THIS SECTION TO PROVIDE THE MAXIMUM EMPLOYEE CONTRIBUTION, AS DEFINED IN PARAGRAPH (B) OF SUBDIVISION THREE OF SECTION TWO HUNDRED NINE OF THIS ARTICLE. S 15. Subdivision 1 of section 213 of the workers' compensation law, as amended by chapter 784 of the laws of 1980, is amended and a new subdivision 3 is added to read as follows: 1. Whenever a covered employer does not comply with this article by providing for the payment of disability AND FAMILY LEAVE benefits to his OR HER employees in one or more of the ways provided in section two hundred eleven OF THIS ARTICLE or whenever a carrier fails to pay the benefits required by this article to employees of a covered employer, then such employer shall be fully and directly liable to each of his OR HER employees for the payment of benefits provided by this article. The amount of the benefits to which employees of such employers are entitled under this article and attendance fees of [their] ANY attending [physi- cians or attending podiatrists] HEALTH CARE PROVIDER fixed pursuant to subdivision two of section two hundred thirty-two OF THIS ARTICLE shall, on order of the [chairman] CHAIR, be paid out of the fund established under section two hundred fourteen OF THIS ARTICLE. In case of non-com- pliance of the employer, such employer shall forthwith pay to the [chairman] CHAIR, for credit to the fund, the sum so expended or one [per cent] PERCENT of his OR HER payroll for his OR HER employees in employment during the period of non-compliance, whichever is greater; provided, however, that if it shall appear to the satisfaction of the [chairman] CHAIR that the default in payment of benefits or the non-com- pliance of the employer otherwise with his OR HER obligation under this article was inadvertent, the [chairman] CHAIR may fix the sum payable in S. 6405--A 80 A. 9005--A such case for non-compliance or default at the amount paid out of the fund and a sum less than one [per cent] PERCENT of such payroll, and in addition the penalties for non-compliance imposed under this article. In case of failure of the carrier to pay benefits, the employer shall forthwith pay to the [chairman] CHAIR, for credit to the fund, the sum so expended. 3. THE PROVISIONS OF SECTION ONE HUNDRED FORTY-ONE-B OF THIS CHAPTER SHALL NOT APPLY TO VIOLATIONS OF THIS SECTION AFTER JANUARY FIRST, TWO THOUSAND EIGHTEEN AND BEFORE JANUARY FIRST, TWO THOUSAND TWENTY. THERE- AFTER, IN THE EVENT AN EMPLOYER IS SUBJECT TO DEBARMENT SOLELY DUE TO A PENALTY FOR VIOLATION OF THIS SECTION, THE CHAIR MAY, IN THE INTERESTS OF JUSTICE, RESTORE THE EMPLOYER'S ELIGIBILITY TO SUBMIT A BID ON OR BE AWARDED ANY PUBLIC WORK CONTRACT OR SUBCONTRACT. THE CHAIR MAY EXERCISE THIS AUTHORITY ONLY IF IT IS THE EMPLOYER'S FIRST TIME VIOLATION OF SECTION ONE HUNDRED FORTY-ONE-B OF THIS CHAPTER; THE EMPLOYER IS NOT LIABLE FOR ANY OUTSTANDING WORKERS' COMPENSATION, DISABILITY OR FAMILY LEAVE CLAIMS AS A RESULT OF THE LACK OF COVERAGE; AND THE EMPLOYER HAS PAID ALL FINES, ASSESSMENTS, AND PENALTIES ASSOCIATED WITH THE LACK OF COVERAGE. S 16. Section 217 of the workers' compensation law, as added by chap- ter 600 of the laws of 1949, subdivision 1 as amended by chapter 167 of the laws of 1999, subdivisions 2 and 3 as amended by chapter 270 of the laws of 1990, and subdivision 6 as amended by chapter 344 of the laws of 1994, is amended to read as follows: S 217. Notice and proof of claim. 1. Written notice and proof of disability OR PROOF OF NEED FOR FAMILY LEAVE shall be furnished to the employer by or on behalf of the employee claiming benefits or, in the case of a claimant under section two hundred seven of this article, to the chair, within thirty days after commencement of the period of disa- bility. Additional proof shall be furnished thereafter from time to time as the employer or carrier or chair may require but not more often than once each week. Such proof shall include a statement of disability by the employee's [attending physician or attending podiatrist or attending chiropractor or attending dentist or attending psychologist or attending certified nurse midwife] OR FAMILY LEAVE CARE RECIPIENT'S HEALTH CARE PROVIDER, or in the case of an employee who adheres to the faith or teachings of any church or denomination, and who in accordance with its creed, tenets or principles depends for healing upon prayer through spiritual means alone in the practice of religion, by an accredited practitioner, containing facts and opinions as to such disability in compliance with regulations of the chair. Failure to furnish notice or proof within the time and in the manner above provided shall not invali- date the claim but no benefits shall be required to be paid for any period more than two weeks prior to the date on which the required proof is furnished unless it shall be shown to the satisfaction of the chair not to have been reasonably possible to furnish such notice or proof and that such notice or proof was furnished as soon as possible; provided, however, that no benefits shall be paid unless the required proof of disability is furnished within [twenty-six weeks after commencement of the period of disability] THE PERIOD OF ACTUAL DISABILITY OR FAMILY LEAVE THAT DOES NOT EXCEED THE STATUTORY MAXIMUM PERIOD PERMITTED UNDER SECTION TWO HUNDRED FIVE OF THIS ARTICLE. No limitation of time provided in this section shall run as against any [person] DISABLED EMPLOYEE who is mentally incompetent, or physically incapable of provid- ing such notice as a result of a serious medical condition, or a minor so long as such person has no guardian of the person and/or property. S. 6405--A 81 A. 9005--A 2. An employee claiming DISABILITY benefits shall, as requested by the employer or carrier, submit himself or herself at intervals, but not more than once a week, for examination by [a physician or podiatrist or chiropractor or dentist or psychologist or certified nurse midwife] AN ACCREDITED HEALTH CARE PROVIDER designated by the employer or carrier. All such examinations shall be without cost to the employee and shall be held at a reasonable time and place. 3. The chair OR CHAIR'S DESIGNEE may direct the claimant OR FAMILY LEAVE CARE RECIPIENT to submit to examination by a [physician or podia- trist or chiropractor or dentist or psychologist] HEALTH CARE PROVIDER designated by him or her in any case in which the claim to disability OR FAMILY LEAVE benefits is contested and in claims arising under section two hundred seven OF THIS ARTICLE, and in other cases as the chair or board may require. 4. Refusal of the claimant OR FAMILY LEAVE CARE RECIPIENT without good cause to submit to any such examination shall disqualify [him] THE CLAIMANT OR EMPLOYEE from all benefits hereunder for the period of such refusal, except as to benefits already paid. 5. If benefits required to be paid by this article have been paid to an employee, further payments for the same disability OR FAMILY LEAVE shall not be barred solely because of failure to give notice or to file proof of disability for the period or periods for which such benefits have been paid. 6. In the event that a claim for benefits is rejected, the carrier or employer shall send by first class mail written notice of rejection to the [claimant] EMPLOYEE within forty-five days of receipt of proof of disability. Failure to mail such written notice of rejection within the time provided, shall bar the employer or carrier from contesting enti- tlement to benefits for any period of disability prior to such notice but such failure may be excused by the [chairman] CHAIR if it can be shown to the satisfaction of the [chairman] CHAIR not to have been reasonably possible to mail such notice and that such notice was mailed as soon as possible. Such notice shall include a statement, in a form prescribed by the [chairman] CHAIR, to the effect that the [claimant] EMPLOYEE may, for the purpose of review [by the board], file [with the chairman] notice that his or her claim has not been paid AS SET FORTH IN SECTION TWO HUNDRED TWENTY-ONE OF THIS ARTICLE. S 17. Section 219 of the workers' compensation law, as amended by chapter 688 of the laws of 1953, is amended to read as follows: S 219. Enforcement of payment in default. In case of a default in the payment of any benefits, assessments or penalties payable under this article by an employer who has failed to comply with the provisions of section two hundred eleven of this [chapter] ARTICLE or refusal of such employer to reimburse the fund under section two hundred fourteen OF THIS ARTICLE for the expenditures made therefrom pursuant to section two hundred thirteen OF THIS ARTICLE or to deposit within ten days after demand the estimated value of benefits not presently payable, the [chairman] CHAIR may file with the county clerk for the county in which the employer has his principal place of business (1) a certified copy of the decision of the board, OR ALTERNATIVE DISPUTE RESOLUTION ASSOCIATION DESIGNATED BY THE CHAIR PURSUANT TO SECTION TWO HUNDRED TWENTY-ONE OF THIS ARTICLE, or order of the [chairman] CHAIR, or (2) a certified copy of the demand for deposit of security, and thereupon judgment must be entered in the supreme court by the clerk of such county in conformity therewith immediately upon such filing. S. 6405--A 82 A. 9005--A S 18. Section 220 of the workers' compensation law, as added by chap- ter 600 of the laws of 1949, subdivision 1 as amended by chapter 387 of the laws of 1984, subdivision 2 as amended by chapter 626 of the laws of 1979, subdivision 3 as amended by chapter 415 of the laws of 1983, subdivision 4 as amended by chapter 645 of the laws of 1981, subdivision 5 as amended by chapter 940 of the laws of 1973, subdivision 7 as amended by chapter 61 of the laws of 1989 and subdivision 8 as amended by chapter 213 of the laws of 1993, is amended to read as follows: S 220. Penalties. 1. Any employer who fails to make provision for payment of disability OR FAMILY LEAVE benefits as required by section two hundred eleven of this article within ten days following the date on which such employer becomes a covered employer as defined in section two hundred two OF THIS ARTICLE shall be guilty of a misdemeanor and upon conviction be punishable by a fine of not less than one hundred nor more than five hundred dollars or imprisonment for not more than one year or both, except that where any person has previously been convicted of a failure to make provisions for payment of disability OR FAMILY LEAVE benefits within the preceding five years, upon conviction for a second violation such person shall be fined not less than two hundred fifty nor more than one thousand two hundred fifty dollars in addition to any other penalties including fines otherwise provided by law, and upon conviction for a third or subsequent violation such person may be fined up to two thousand five hundred dollars in addition to any other penal- ties including fines otherwise provided by law. Where the employer is a corporation, the president, secretary, treasurer, or officers exercising corresponding functions, shall each be liable under this section. 2. The [chairman] CHAIR or any officer of the board designated by him OR HER, upon finding that an employer has failed to make provision for the payment of disability OR FAMILY LEAVE benefits, shall impose upon such employer a penalty not in excess of a sum equal to one-half of one per centum of his OR HER weekly payroll for the period of such failure and a further sum not in excess of five hundred dollars, which sums shall be paid into the fund created under section two hundred fourteen OF THIS ARTICLE. 3. If for the purpose of obtaining any benefit or payment under the provisions of this article, or for the purpose of influencing any deter- mination regarding any benefit payment, either for himself OR HERSELF or any other person, any person, employee, employer or carrier wilfully makes a false statement or representation or fails to disclose a materi- al fact, he OR SHE shall be guilty of a misdemeanor. 4. Whenever a carrier shall fail to make prompt payment of disability OR FAMILY LEAVE benefits payable under this article and after [hearing before an officer designated by the chairman] A DETERMINATION BY THE CHAIR'S DESIGNEE for that purpose, the [chairman] CHAIR OR DESIGNEE shall determine that failure to make such prompt payment was without just cause, the [chairman] CHAIR OR DESIGNEE shall collect from the carrier a sum not in excess of twenty-five per centum of the amount of the benefits as to which the carrier failed to make payment, which sum shall be credited to the special fund for disability benefits. In addi- tion, the [chairman] CHAIR OR DESIGNEE may collect and pay over to the employee the sum of ten dollars in respect to each week, or fraction thereof, for which benefits have not been promptly paid. 5. In addition to other penalties herein provided, the [chairman] CHAIR OR DESIGNEE shall remove from the list of [physicians] HEALTH CARE PROVIDERS authorized to render medical care under the provisions [of articles one to eight, inclusive,] of this chapter [and from the list of S. 6405--A 83 A. 9005--A podiatrists authorized to render podiatric care under section thirteen-k of this chapter, and from the list of chiropractors authorized to render chiropractic care under section thirteen-l of this chapter the name of any physician or podiatrist or chiropractor] whom [he] THE CHAIR OR DESIGNEE shall find, after reasonable investigation, has submitted to the employer or carrier or [chairman] CHAIR in connection with any claim for disability benefits under this article, a statement of disability that is not truthful and complete. 6. In addition to other penalties herein provided, any person who for the purpose of obtaining any benefit or payment under this article or for the purpose of influencing any determination regarding any benefit payment, knowingly makes a false statement with regard to a material fact, shall not be entitled to receive benefits with respect to the disability claimed or any disability benefits during the period of twelve calendar months thereafter; but this penalty shall not be applied more than once with respect to each such offense. 7. All fines imposed under subdivisions one and three OF THIS SECTION, except as herein otherwise provided, shall be paid directly and imme- diately by the officer collecting the same to the chair, and be paid into the state treasury, provided, however, that all such fines collected by justices of the peace of towns and police justices of villages shall be paid to the state comptroller in accordance with the provisions of section twenty-seven of the town law [and section one hundred eighty-five of the village law, respectively]. 8. (a) The head of a state or municipal department, board, commission or office authorized or required by law to issue any permit for or in connection with any work involving the employment of employees in employment as defined in this article, and notwithstanding any general or special statute requiring or authorizing the issue of such permits, shall not issue such permit unless proof duly subscribed by an insurance carrier is produced in a form satisfactory to the chair, that the payment of disability benefits AND AFTER JANUARY FIRST, TWO THOUSAND TWENTY-ONE, THE PAYMENT OF FAMILY LEAVE BENEFITS for all employees has been secured as provided by this article. Nothing herein, however, shall be construed as creating any liability on the part of such state or municipal department, board, commission or office to pay any disabil- ity benefits to any such employee if so employed. (b) The head of a state or municipal department, board, commission or office authorized or required by law to enter into any contract for or in connection with any work involving the employment of employees in employment as defined in this article, and notwithstanding any general or special statute requiring or authorizing any such contract, shall not enter into any such contract unless proof duly subscribed by an insur- ance carrier is produced in a form satisfactory to the chair, that the payment of disability benefits AND AFTER JANUARY FIRST, TWO THOUSAND EIGHTEEN, THE PAYMENT OF FAMILY LEAVE BENEFITS for all employees has been secured as provided by this article. S 19. Section 221 of the workers' compensation law, as separately amended by chapters 425 and 500 of the laws of 1985, is amended to read as follows: S 221. Determination of contested claims for disability AND FAMILY LEAVE benefits. [Within twenty-six weeks] IN ACCORDANCE WITH REGU- LATIONS ADOPTED BY THE CHAIR, WITHIN TWENTY-SIX WEEKS of written notice of rejection of claim, the employee may file with the [chairman] CHAIR a notice that his or her claim for disability OR FAMILY LEAVE benefits has not been paid, and the employee shall submit proof of disability OR S. 6405--A 84 A. 9005--A ENTITLEMENT TO FAMILY LEAVE and of his or her employment, wages and other facts reasonably necessary for determination of the employee's right to such benefits. Failure to file such notice within the time provided, may be excused [by the chairman] if it can be shown [to the satisfaction of the chairman] not to have been reasonably possible to furnish such notice and that such notice was furnished as soon as possi- ble. On demand [of the chairman] the employer or carrier shall forth- with deliver to the [chairman] BOARD the original or a true copy of the [attending physician's or attending podiatrist's or accredited practi- tioner's statement] HEALTH CARE PROVIDER'S REPORT, wage and employment data and all other papers in the possession of the employer or carrier with respect to such claim. The [board] CHAIR OR DESIGNEE shall have full power and authority to determine all issues in relation to every such claim for disability OR FAMILY LEAVE benefits required or provided under this article[, and shall file its decision in the office of the chairman. Upon such filing, the chairman shall send to the parties a copy of the decision. Either party may present evidence and be represented by counsel at any hearing on such claim. The decision of the board shall be final as to all ques- tions of fact and, except as provided in section twenty-three of this chapter, as to all questions of law]. Every decision [of the board] shall be complied with in accordance with its terms within ten days thereafter except [in case of appeal] AS PERMITTED BY LAW UPON THE FILING OF A REQUEST FOR REVIEW, and any payments due under such decision shall draw simple interest from thirty days after the making thereof at the rate provided in section five thousand four of the civil practice law and rules. THE CHAIR SHALL ADOPT RULES AND REGULATIONS TO CARRY OUT THE PROVISIONS OF THIS ARTICLE INCLUDING BUT NOT LIMITED TO RESOLUTION OF CONTESTED CLAIMS AND REQUESTS FOR REVIEW THEREOF, AND PAYMENT OF COSTS FOR RESOLUTION OF DISPUTED CLAIMS BY CARRIERS. THE CHAIR SHALL HAVE AUTHORITY TO PROVIDE FOR ALTERNATIVE DISPUTE RESOLUTION PROCEDURES FOR CLAIMS ARISING UNDER THIS ARTICLE INCLUDING BUT NOT LIMITED TO REFERRAL AND SUBMISSION OF DISPUTED CLAIMS TO MANDATORY ARBITRATION WITH PRIVATE ARBITRATION ASSOCIATIONS, AND ANY DETERMINATION MADE BY ALTERNA- TIVE DISPUTE RESOLUTION SHALL NOT BE REVIEWABLE BY THE BOARD AND THE VENUE FOR ANY APPEAL SHALL BE TO A COURT OF COMPETENT JURISDICTION. S 20. Section 222 of the workers' compensation law, as added by chap- ter 600 of the laws of 1949, is amended to read as follows: S 222. Technical rules of evidence or procedure not required. The [chairman or] CHAIR, the board OR THE CHAIR'S DESIGNEE, in making an investigation or inquiry or conducting a hearing shall not be bound by common law or statutory rules of evidence or by technical or formal rules of procedure, except as provided by this chapter; but may make such investigation or inquiry or conduct such hearing in such manner as to ascertain the substantial rights of the parties. S 21. Sections 223 and 224 of the workers' compensation law are REPEALED. S 22. Section 225 of the workers' compensation law, as added by chap- ter 600 of the laws of 1949, is amended to read as follows: S 225. Fees for representing employees. Claims of attorneys and coun- sellors-at-law for services in connection with any contested claim aris- ing under this article shall not be enforceable unless approved by the board. If so approved, such fee or fees shall become a lien upon the benefits ordered, but shall be paid therefrom only in the manner fixed by the board OR THE ALTERNATIVE DISPUTE RESOLUTION ASSOCIATION. Any other person, firm, corporation, organization, or other association who S. 6405--A 85 A. 9005--A shall exact or receive any fee or gratuity for any services rendered on behalf of an employee except in an amount SO determined [by the board] shall be guilty of a misdemeanor. Any person, firm, corporation, organ- ization, or association who shall solicit the business [of appearing before the board on behalf] of an employee claiming benefits under this article, or who shall make it a business to solicit employment for a lawyer in connection with any claim for disability OR FAMILY LEAVE bene- fits under this article, or who shall exact or receive any fee or gratu- ity or other charge with respect to the collection of any uncontested claim for disability OR FAMILY LEAVE benefits, shall be guilty of a misdemeanor. S 23. Subdivision 5 of section 226 of the workers' compensation law, as amended by chapter 211 of the laws of 1983, is amended and three new subdivisions 7, 8 and 9 are added to read as follows: 5. No contract of insurance issued by an insurance carrier providing the benefits to be paid under this article shall be cancelled within the time limited in such contract for its expiration unless notice is given as required by this section. When cancellation is due to non-payment of premiums such cancellation shall not be effective until at least ten days after a notice of cancellation of such contract, on a date speci- fied in such notice, shall be filed in the office of the [chairman] CHAIR and also served on the employer. When cancellation is due to any reason other than non-payment of premiums such cancellation shall not be effective until at least thirty days after a notice of cancellation of such contract, on a date specified in such notice, shall be filed in the office of the [chairman] CHAIR and also served on the employer; provided, however, in either case that if insurance with another insur- ance carrier has been obtained which becomes effective prior to the expiration of the time stated in such notice, the cancellation shall be effective as of the date of such other coverage. Such notice shall be served on the employer [by] AS PRESCRIBED BY THE CHAIR, INCLUDING deliv- ering it to him [or by sending it by certified or registered mail, return receipt requested, addressed to the employer at his or its last known place of business] OR HER BY ELECTRONIC MEANS; provided that, if the employer be a partnership, then such notice may be given to any one of the partners, and if the employer be a corporation then the notice may be given to any agent or officer of the corporation upon whom legal process may be served, provided, however, the right to cancellation of a policy of insurance in the state fund shall be exercised only for nonpayment of premiums or as provided in section ninety-four of this chapter. 7. THE CHAIR MAY REQUIRE BY REGULATION THAT EVERY POLICY OF INSURANCE CONTAIN A PROVISION REQUIRING THAT ALL DISPUTES BE RESOLVED BY MANDATORY ARBITRATION, IN ACCORDANCE WITH SUCH REGULATIONS. 8. PREMIUMS FOR POLICIES PROVIDING DISABILITY OR FAMILY LEAVE BENEFITS IN ACCORDANCE WITH THIS ARTICLE SHALL BE CALCULATED IN ACCORDANCE WITH APPLICABLE PROVISIONS OF THE INSURANCE LAW, INCLUDING SUBSECTION (N) OF SECTION FOUR THOUSAND TWO HUNDRED THIRTY-FIVE OF SUCH LAW. 9. EXCEPT AS SET FORTH IN SUBDIVISION EIGHT OF SECTION TWO HUNDRED ELEVEN OF THIS ARTICLE, EVERY POLICY OF INSURANCE ISSUED PURSUANT TO THIS ARTICLE MUST OFFER COVERAGE FOR BOTH DISABILITY AND FAMILY LEAVE BENEFITS. S 24. The section heading of section 227 of the workers' compensation law, as amended by chapter 805 of the laws of 1984, is amended to read as follows: Actionable injuries IN CLAIMS FOR DISABILITY BENEFITS; subrogation. S. 6405--A 86 A. 9005--A S 25. Subdivision 1 of section 228 of the workers' compensation law, as added by section 27 of part GG of chapter 57 of the laws of 2013, is amended to read as follows: 1. The estimated annual expenses necessary for the workers' compen- sation board OR DEPARTMENT OF FINANCIAL SERVICES to administer the provisions of the disability AND FAMILY LEAVE benefits law shall be borne by all affected employers and included as part of the assessment rate generated pursuant to subdivision two of section one hundred fifty-one of this chapter. S 26. Section 229 of the workers' compensation law, as amended by chapter 271 of the laws of 1985, is amended to read as follows: S 229. Posting of notice and providing of notice of rights. 1. Each covered employer shall post and maintain in a conspicuous place or plac- es in and about the employer's place or places of business typewritten or printed notices in form prescribed by the [chairman] CHAIR, stating that the employer has provided for the payment of disability AND FAMILY LEAVE benefits as required by this article. The [chairman] CHAIR may require any covered employer to furnish a written statement at any time showing the carrier insuring the payment of benefits under this article or the manner in which such employer has complied with section two hundred eleven OF THIS ARTICLE or any other provision of this article. Failure for a period of ten days to furnish such written statement shall constitute presumptive evidence that such employer has neglected or failed in respect of any of the matters so required. 2. Whenever an employee of a covered employer who is eligible for benefits under section two hundred four of this article shall be absent from work due to a disability OR TO PROVIDE FAMILY CARE as defined in subdivision nine AND SUBDIVISION TWENTY-FIVE RESPECTIVELY, of section two hundred one of this article for more than seven consecutive days, the employer shall provide the employee with a written statement of the employee's rights under this article in a form prescribed by the [chair- man] CHAIR. The statement shall be provided to the employee within five business days after the employee's seventh consecutive day of absence due to disability OR FAMILY LEAVE or within five business days after the employer [knows or should know] HAS RECEIVED NOTICE that the employee's absence is due to disability OR FAMILY LEAVE, whichever is later. S 27. Section 232 of the workers' compensation law, as amended by chapter 270 of the laws of 1990, is amended to read as follows: S 232. Fees FOR TESTIMONY of [physicians, podiatrists, chiropractors, dentists and psychologists] HEALTH CARE PROVIDERS. Whenever his or her attendance at a hearing, DEPOSITION OR ARBITRATION before the board or [its referees] THE CHAIR'S DESIGNEE is required, the attending [physi- cian or attending podiatrist or attending chiropractor or attending dentist or attending psychologist or attending certified nurse midwife of the disabled employee, except such physicians as are disqualified from testifying pursuant to subdivision one of section thirteen-b, or section nineteen-a of this chapter, and except such podiatrists as are disqualified from testifying under the provisions of section thirteen-k, and except such chiropractors as are disqualified from testifying under the provisions of section thirteen-l, and except such psychologists as are disqualified from testifying under the provisions of section thir- teen-m,] HEALTH CARE PROVIDER shall be entitled to receive a fee [from the carrier or the fund established under section two hundred fourteen, in an amount as directed and fixed by the board, or its referees, and such fee shall be in addition to any witness fee] IN ACCORDANCE WITH REGULATIONS OF THE CHAIR. S. 6405--A 87 A. 9005--A S 28. Section 237 of the workers' compensation law, as added by chap- ter 600 of the laws of 1949, is amended to read as follows: S 237. Reimbursement for advance payments by employers. If an employer has made advance payments of benefits or has made payments to an employ- ee in like manner as wages during any period of disability OR FAMILY LEAVE for which such employee is entitled to the benefits provided by this article, he OR SHE shall be entitled to be reimbursed by the carri- er out of any benefits due or to become due for the existing disability OR FAMILY LEAVE, if THE claim for reimbursement is filed with the carri- er prior to payment of the benefits BY THE CARRIER. S 29. Section 238 of the workers' compensation law, as added by chap- ter 600 of the laws of 1949, is amended to read as follows: S 238. Payments to minors. Minors shall be deemed to be sui juris for the purpose of [receiving] payment of benefits under this article. S 30. Section 239 of the workers' compensation law, as added by chap- ter 600 of the laws of 1949, is amended to read as follows: S 239. Representation before the board. Any person, firm, or corpo- ration licensed by the board under section twenty-four-a OF THIS ARTICLE or subdivision three-b of section fifty OF THIS CHAPTER shall be deemed to be authorized to appear in behalf of claimants or self insured employers, as the case may be, in contested disability OR FAMILY LEAVE claims under this article. S 31. The section heading and the opening paragraph of section 120 of the workers' compensation law, as amended by chapter 61 of the laws of 1989, are amended to read as follows: Discrimination against employees [who bring proceedings]. It shall be unlawful for any employer or his or her duly authorized agent to discharge OR FAIL TO REINSTATE PURSUANT TO SECTION TWO HUNDRED THREE-B OF THIS CHAPTER, or in any other manner discriminate against an employee as to his or her employment because such employee has claimed or attempted to claim compensation from such employer, OR CLAIMED OR ATTEMPTED TO CLAIM ANY BENEFITS PROVIDED UNDER THIS CHAPTER or because he or she has testified or is about to testify in a proceeding under this chapter and no other valid reason is shown to exist for such action by the employer. S 32. Subdivision 2 of section 76 of the workers' compensation law, as added by chapter 600 of the laws of 1949, is amended to read as follows: 2. The purposes of the state insurance fund herein created are hereby enlarged to provide [for the] insurance [by the state insurance fund of] FOR the payment of the benefits required by section two hundred four of this chapter INCLUDING BENEFITS FOR FAMILY CARE. A separate fund is hereby created within the state insurance fund, which shall be known as the "disability benefits fund", and which shall consist of all premiums received and paid into said fund on account of such insurance, all secu- rities acquired by and through the use of moneys belonging to said fund and of interest earned upon moneys belonging to said fund and deposited or invested as herein provided. Said disability benefits fund shall be applicable to the payment of benefits, expenses and assessments on account of insurance written pursuant to article nine of this chapter. PREMIUMS FOR POLICIES PROVIDING DISABILITY AND FAMILY LEAVE BENEFITS IN ACCORDANCE WITH THIS ARTICLE SHALL BE CALCULATED IN ACCORDANCE WITH APPLICABLE PROVISIONS OF THE INSURANCE LAW, INCLUDING SUBSECTION (N) OF SECTION FOUR THOUSAND TWO HUNDRED THIRTY-FIVE OF SUCH LAW. THE STATE INSURANCE FUND SHALL HAVE AUTHORITY TO DISCOUNT OR SURCHARGE ON ESTAB- LISHED PREMIUM RATES BASED ON SOUND ACTUARIAL PRINCIPLES. S. 6405--A 88 A. 9005--A S 33. Section 88-c of the workers' compensation law, as added by chap- ter 103 of the laws of 1981, is amended to read as follows: S 88-c. Coverage of state employees. Notwithstanding any other provisions of law to the contrary AND EXCEPT AS SET FORTH IN SECTION TWO HUNDRED AND TWELVE-A OF THIS CHAPTER, the liability of the state for the payment of compensation under this chapter heretofore existing or here- inafter arising shall be secured by an insuring agreement to be entered into between the department of civil service and the state insurance fund wherein the state, from moneys appropriated therefor, shall pay in advance to the fund on a periodic basis the actual costs to the fund for the meeting and paying, as the same become due and payable, all obli- gations incurred under this chapter by the state as an employer. Notwithstanding any law to the contrary, the fund may on an actuarially sound basis provide to the state insurance for any portion of the obli- gations of the state as employer under this chapter with respect to injuries or deaths resulting from accidents arising out of and in the course of employment on or after April first, nineteen hundred eighty- one. All such payments made by the state and paid into the state fund shall constitute a separate account in the fund to be used solely for the purpose of discharging all compensation obligations of the state pursuant to the provisions of this chapter and in accordance with the insuring agreement as provided in this section. Any portion of the account may be invested in the same manner as the assets of the fund as provided in section eighty-seven of this article. The liability of the fund for the payment of any claims or the meeting of any obligations of the state as an employer as provided in this chapter shall not exceed the moneys paid into such separate account and any increments or diminu- tions thereof. The agreement shall further provide that the fund shall render all services and make all reasonable expenditures necessary or required for the processing, defense and payment of all claims under this chapter, including the protection of liens, subrogation, credit and other rights of the state as an employer or the fund as an insurer, in situations where the employees' injuries or deaths were caused by culpa- bility of third parties. Except to the extent that the state obtains insurance on an actuarially sound basis pursuant to the provisions of this section, the provisions of section eighty-six of this chapter with respect to the maintenance of reserves for the purpose of meeting antic- ipated compensation losses, shall not in any manner be applicable to claims of employees of the state with respect to injuries or deaths resulting from accidents arising out of and in the course of employment prior to April first, nineteen hundred eighty-one, or to an insuring agreement entered into between the state insurance fund and the depart- ment of civil service in accordance with the provisions of this section. S 34. Subdivision 1 of section 141-a of the workers' compensation law, as added by chapter 6 of the laws of 2007, is amended to read as follows: 1. To investigate violations of sections fifty-two [and], one hundred thirty-one AND TWO HUNDRED THIRTEEN of this chapter, the chair or his or her designees shall have the power to: (a) Enter and inspect any place of business at any reasonable time for the purpose of investigating employer compliance. (b) Examine and copy business records. (c) Administer oaths and affirmations. (d) Issue and serve subpoenas for attendance of witnesses or production of business records, books, papers, correspondence, memoran- da, and other records. Such subpoenas may be served without the state on S. 6405--A 89 A. 9005--A any defendant over whom a New York court would have personal jurisdic- tion under the civil practice law and rules as to the subject matter under investigation, provided the information or testimony sought bears a reasonable relationship to the subject matter under investigation. S 35. Section 318 of the workers' compensation law, as added by chap- ter 788 of the laws of 1951, is amended to read as follows: S 318. Rules of evidence; modification of board decisions or orders; appeals. The provisions of [sections] SECTION two hundred twenty-two [, two hundred twenty-three and two hundred twenty-four] OF THIS CHAPTER are made applicable to claims for compensation under this article. S 36. Paragraph 3 of subsection (a) of section 1113 of the insurance law is amended to read as follows: (3) "Accident and health insurance," means (i) insurance against death or personal injury by accident or by any specified kind or kinds of accident and insurance against sickness, ailment or bodily injury, including insurance providing disability AND FAMILY LEAVE benefits pursuant to article nine of the workers' compensation law, except as specified in item (ii) hereof; and (ii) non-cancellable disability insurance, meaning insurance against disability resulting from sickness, ailment or bodily injury (but excluding insurance solely against acci- dental injury) under any contract which does not give the insurer the option to cancel or otherwise terminate the contract at or after one year from its effective date or renewal date. S 37. Paragraphs 1 and 4 of subsection (h) of section 4235 of the insurance law are amended and a new subsection (n) is to added read as follows: (1) Each domestic insurer and each foreign or alien insurer doing business in this state shall file with the superintendent its schedules of premium rates, rules and classification of risks for use in connection with the issuance of its policies of group accident, group health or group accident and health insurance, and of its rates of commissions, compensation or other fees or allowances to agents and brokers pertaining to the solicitation or sale of such insurance and of such fees or allowances, exclusive of amounts payable to persons who are in the regular employ of the insurer, other than as agent or broker to any individuals, firms or corporations pertaining to such class of busi- ness, whether transacted within or without the state. A GROUP ACCIDENT AND HEALTH INSURANCE POLICY PROVIDING DISABILITY AND FAMILY LEAVE BENE- FITS PURSUANT TO ARTICLE NINE OF THE WORKERS' COMPENSATION LAW SHALL BE SUBJECT TO THE REQUIREMENTS OF SUBSECTION (N) OF THIS SECTION. (4) Nothing herein shall prohibit the state insurance fund from taking into account peculiar hazards of individual risks in establishing higher premium rates to be charged for insurance providing for the payment of disability [or] AND FAMILY LEAVE benefits in accordance with article nine of the workers' compensation law. (N)(1) ON OR BEFORE JUNE FIRST, TWO THOUSAND SEVENTEEN, THE SUPER- INTENDENT OF FINANCIAL SERVICES BY REGULATION, IN CONSULTATION WITH THE CHAIR OF THE WORKERS' COMPENSATION BOARD OF THIS STATE, SHALL DETERMINE WHETHER A GROUP ACCIDENT AND HEALTH INSURANCE POLICY PROVIDING DISABILI- TY OR FAMILY LEAVE BENEFITS PURSUANT TO ARTICLE 9 OF THE WORKERS' COMPENSATION LAW, INCLUDING POLICIES ISSUED BY THE STATE INSURANCE FUND, SHALL BE EXPERIENCE RATED OR COMMUNITY RATED, WHICH MAY INCLUDE SUBJECT- ING THE POLICY TO A RISK ADJUSTMENT MECHANISM. (2) IF THE POLICY IS SUBJECTED TO A RISK ADJUSTMENT MECHANISM, THE SUPERINTENDENT OF FINANCIAL SERVICES SHALL PROMULGATE REGULATIONS NECES- SARY FOR THE IMPLEMENTATION OF THIS SUBSECTION IN CONSULTATION WITH THE S. 6405--A 90 A. 9005--A CHAIR OF THE WORKERS' COMPENSATION BOARD OF THIS STATE. ANY SUCH RISK ADJUSTMENT MECHANISM SHALL BE ADMINISTERED DIRECTLY BY THE SUPERINTEN- DENT OF FINANCIAL SERVICES OF THIS STATE, IN CONSULTATION WITH THE CHAIR OF THE WORKERS' COMPENSATION BOARD OF THIS STATE, OR BY A THIRD PARTY VENDOR SELECTED BY THE SUPERINTENDENT OF FINANCIAL SERVICES IN CONSULTA- TION WITH THE CHAIR OF THE WORKERS' COMPENSATION BOARD. (3) "RISK ADJUSTMENT MECHANISM" AS USED IN THIS SUBSECTION MEANS THE PROCESS USED TO EQUALIZE THE PER MEMBER PER MONTH CLAIM AMOUNTS AMONG INSURERS IN ORDER TO PROTECT INSURERS FROM DISPROPORTIONATE ADVERSE RISKS. S 38. Subdivision (c) of section 1108 of the insurance law, as amended by chapter 838 of the laws of 1985, is amended to read as follows: (c) The state insurance fund of this state, except as to the provisions of subsection (d) of section two thousand three hundred thir- ty-nine, section three thousand one hundred ten, subsection (a), para- graph one of subsection (b), paragraph three of subsection (c) and subsection (d) of section three thousand two hundred one, sections three thousand two hundred two, three thousand two hundred four, subsections (a) through (d) of section three thousand two hundred twenty-one, subsections (b) and (c) of section four thousand two hundred twenty- four, section four thousand two hundred twenty-six and subsections (a) and (b) [and], (g) through (j), AND (N) of section four thousand two hundred thirty-five of this chapter and except as otherwise specifically provided by the laws of this state. S 39. Section 242 of the workers' compensation law, as added by chap- ter 600 of the laws of 1949, is amended to read as follows: S 242. Separability of provisions; FEDERAL LAW; REGULATIONS. 1. If any provision of this [act] ARTICLE or the application thereof to any person or circumstances is held invalid, the remainder of this [act] ARTICLE and the application of such provision to other persons or circumstances shall not be affected thereby. 2. NOTHING IN THIS ARTICLE SHALL BE INTERPRETED OR APPLIED SO AS TO CREATE A CONFLICT WITH FEDERAL LAW. 3. THE CHAIR SHALL HAVE AUTHORITY TO ADOPT REGULATIONS TO EFFECTUATE ANY OF THE PROVISIONS OF THIS ARTICLE. S 40. This act shall take effect on the April 1, 2016 and shall apply to all policies or contracts issued, renewed, modified, altered or amended on or after such effective date; provided, however, that effec- tive immediately, the addition, amendment and/or repeal of any rule or regulation necessary for the implementation of this act on its effective date are authorized and directed to be made and completed on or before such effective date. PART I Section 1. The public authorities law is amended by adding a new section 1678-a to read as follows: S 1678-A. NEW YORK STATE DESIGN AND CONSTRUCTION CORPORATION ACT. 1. PURPOSES OF ACT. THE PURPOSES OF THE NEW YORK STATE DESIGN AND CONSTRUCTION CORPORATION ACT ARE TO: (A) ESTABLISH THE NEW YORK STATE DESIGN AND CONSTRUCTION CORPORATION IN ORDER TO PROVIDE ADDITIONAL PROJECT MANAGEMENT EXPERTISE AND OVERSIGHT ON SIGNIFICANT PUBLIC WORKS PROJECTS UNDERTAKEN BY STATE AGENCIES, DEPARTMENTS, PUBLIC AUTHORITIES AND PUBLIC BENEFIT CORPORATIONS; (B) SET FORTH THE RESPONSIBILITY AND OBLIGATION OF ALL STATE AGENCIES, DEPARTMENTS, PUBLIC AUTHORITIES AND PUBLIC BENEFIT CORPORATIONS TO COOPERATE WITH THE CORPORATION AND ACCOM- S. 6405--A 91 A. 9005--A PLISH THE PURPOSES OF THIS SECTION; (C) MAKE PROVISIONS FOR CONTRACTUAL REQUIREMENTS CONCERNING THE INCORPORATION OF THIS SECTION FOR PUBLIC WORKS PROJECTS HAVING A TOTAL OR AGGREGATE CONSTRUCTION VALUE IN EXCESS OF FIFTY MILLION DOLLARS AND FOR ANY AND ALL CONTRACTS RELATING TO SUCH PROJECTS WHICH ARE ADVERTISED FOR BID OR PROPOSAL OR OTHERWISE PROCURED AND/OR ENTERED INTO ON OR AFTER JANUARY FIRST, TWO THOUSAND SIXTEEN; AND (D) PROVIDE A MEANS TO IMPLEMENT IMPROVEMENTS AND OTHER PROJECT CHANGES ON ALL PROPOSED PUBLIC WORKS PROJECTS IN EXCESS OF FIFTY MILLION DOLLARS IN TOTAL OR AGGREGATE VALUE, IN A MORE TIMELY FASHION, SO THAT SUCH PROJECTS CAN BE ACCOMPLISHED, TO THE EXTENT PRACTICABLE, ON TIME, WITHIN BUDGET AND AT AN ACCEPTABLE OVERALL QUALITY AND COST TO THE STATE OF NEW YORK. 2. NEW YORK STATE DESIGN AND CONSTRUCTION CORPORATION. (A) THERE IS HEREBY ESTABLISHED THE NEW YORK STATE DESIGN AND CONSTRUCTION CORPO- RATION AS A SUBSIDIARY CORPORATION OF THE DORMITORY AUTHORITY. (B) THE DORMITORY AUTHORITY MAY TRANSFER OR ASSIGN TO SUCH SUBSIDIARY CORPORATION ANY REAL, PERSONAL OR MIXED PROPERTY AS SHALL BE REQUIRED IN ORDER TO CARRY OUT THE PURPOSES OF THIS ACT. THE AUTHORITY MAY ASSIGN ANY SUCH EMPLOYEES TO WORK FOR THE CORPORATION AS SHALL BE REQUIRED IN ORDER TO CARRY OUT THE PURPOSES OF THIS SECTION. NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, THE TERM "EMPLOYEE" AS SET FORTH IN THIS SECTION SHALL MEAN A DORMITORY AUTHORITY EMPLOYEE ASSIGNED, IN WHOLE, OR IN PART, TO WORK FOR THE CORPORATION. (C) SUCH CORPORATION SHALL BE A BODY CORPORATE AND POLITIC CONSTITUT- ING A PUBLIC BENEFIT CORPORATION, AND SHALL HAVE ALL OF THE PRIVILEGES, IMMUNITIES, TAX EXEMPTIONS AND OTHER EXEMPTIONS OF THE DORMITORY AUTHOR- ITY TO THE EXTENT THE SAME ARE NOT INCONSISTENT WITH THIS SECTION. (D) THE BOARD OF THE CORPORATION SHALL CONSIST OF THREE MEMBERS AS DESIGNATED BY THE GOVERNOR, AND THE GOVERNOR SHALL DESIGNATE THE CHAIR FROM AMONG THE MEMBERS OF THE CORPORATION'S BOARD. THE MEMBERS OF THE CORPORATION'S BOARD SHALL SERVE UNTIL SUCH TIME AS HIS OR HER SUCCESSOR IS APPOINTED BY THE GOVERNOR. (E) A QUORUM SHALL CONSIST OF A MAJORITY OF THE MEMBERS OF THE BOARD. A QUORUM SHALL BE REQUIRED FOR THE BOARD TO CONDUCT BUSINESS, AND APPROVAL OF ANY MATTER PROPERLY BEFORE THE BOARD SHALL REQUIRE THE AFFIRMATIVE VOTE OF THE MAJORITY OF THE BOARD. MEETINGS OF THE CORPO- RATION SHALL BE CALLED BY THE CHAIR, OR BY A MAJORITY OF THE MEMBERS APPOINTED. MEETINGS SHALL BE HELD AT LEAST BI-ANNUALLY. (F) NOTHING IN THIS SUBDIVISION SHALL BE CONSTRUED TO IMPOSE ANY LIABILITIES, OBLIGATIONS OR RESPONSIBILITIES OF SUCH CORPORATION UPON THE DORMITORY AUTHORITY, AND THE AUTHORITY SHALL HAVE NO LIABILITY OR RESPONSIBILITY THEREFOR UNLESS THE AUTHORITY EXPRESSLY AGREES BY RESOL- UTION OF THE AUTHORITY BOARD TO ASSUME THE SAME. (G) THE PROVISIONS OF SECTION SIXTEEN HUNDRED NINETY-ONE OF THIS TITLE SHALL IN ALL RESPECTS APPLY TO MEMBERS OF THE CORPORATION AND ANY OFFI- CER, EMPLOYEE OR AGENT OF THE DORMITORY AUTHORITY TRANSFERRED OR ASSIGNED TO THE CORPORATION, WHILE ACTING WITHIN THE SCOPE OF HIS, HER OR ITS AUTHORITY. (H) ALL OF THE PROVISIONS OF SECTIONS SEVENTEEN AND NINETEEN OF THE PUBLIC OFFICERS LAW SHALL APPLY TO THE MEMBERS, DIRECTORS, OFFICERS AND EMPLOYEES OF THE CORPORATION. (I) THE CORPORATION CREATED PURSUANT TO THIS SECTION SHALL BE SUBJECT TO ANY OTHER PROVISIONS OF THIS CHAPTER PERTAINING TO SUBSIDIARIES OF PUBLIC AUTHORITIES TO THE EXTENT THAT SUCH PROVISIONS ARE NOT INCONSIST- ENT WITH THE PROVISIONS OF THIS SECTION. S. 6405--A 92 A. 9005--A 3. CORPORATION REVIEW AND OVERSIGHT OF PUBLIC WORKS CONTRACTS. FOR ALL PUBLIC WORKS PROJECTS HAVING A TOTAL OR AGGREGATE CONSTRUCTION VALUE IN EXCESS OF FIFTY MILLION DOLLARS AND FOR ANY AND ALL CONTRACTS RELATING TO SUCH PROJECTS WHICH ARE ADVERTISED FOR BID OR PROPOSAL OR OTHERWISE PROCURED AND/OR ENTERED INTO ON OR AFTER JANUARY FIRST, TWO THOUSAND SIXTEEN: (A) ANY STATE AGENCY, DEPARTMENT, PUBLIC AUTHORITY OR PUBLIC BENEFIT CORPORATION PROPOSING A PUBLIC WORKS PROJECT HAVING A TOTAL OR AGGREGATE CONSTRUCTION VALUE IN EXCESS OF FIFTY MILLION DOLLARS SHALL PROVIDE WRITTEN NOTICE TO THE CORPORATION OF SUCH PROPOSAL, TO INCLUDE WITHOUT LIMITATION, THE ESTIMATED VALUE OF THE PROJECT AND A SUMMARY OF THE SCOPE AND DURATION OF THE PROJECT. PROJECTS SHALL NOT BE DIVIDED OR SEGMENTED FOR THE PURPOSES OF AVOIDING COMPLIANCE WITH THE PROVISIONS OF THIS ACT. (B) THE CORPORATION SHALL HAVE THE AUTHORITY TO, AND MAY, IN ITS SOLE DISCRETION, REQUIRE REVIEW AND OVERSIGHT, IN WHOLE OR IN PART, OF ANY PROJECT, AND MAKE RECOMMENDATIONS REGARDING REQUIRED CORRECTIVE OR OTHER ACTION TO ANY STATE AGENCY, DEPARTMENT, PUBLIC AUTHORITY OR PUBLIC BENE- FIT CORPORATION IN CONNECTION WITH SUCH PROJECT. (C) FOR THE PURPOSES OF THIS SECTION, THE TERM "PROJECT" SHALL MEAN ANY WORK ASSOCIATED WITH THE PLANNING, ACQUISITION, DESIGN, ENGINEERING, ENVIRONMENTAL ANALYSIS, CONSTRUCTION, RECONSTRUCTION, RESTORATION, REHA- BILITATION, ESTABLISHMENT, IMPROVEMENT, RENOVATION, EXTENSION, REPAIR, REVITALIZATION, MANAGEMENT AND DEVELOPMENT OF A CAPITAL ASSET AS DEFINED IN SECTION TWO OF THE STATE FINANCE LAW. (D) THE STATE AGENCY, DEPARTMENT, PUBLIC AUTHORITY OR PUBLIC BENEFIT CORPORATION UNDERTAKING SUCH PROJECT SHALL FULLY COOPERATE WITH ANY DETERMINATION OF THE CORPORATION, AND PROVIDE ACCESS TO ALL PERSONNEL, BOOKS, RECORDS, PLANS, SPECIFICATIONS, DATA AND OTHER INFORMATION AS MAY BE NECESSARY FOR THE CORPORATION TO PERFORM ITS DUTIES. (E) IN THE EVENT THE CORPORATION DETERMINES THAT CORRECTIVE OR OTHER ACTION IS NECESSARY FOR SUCH A PROJECT, THEN THE CORPORATION SHALL HAVE THE AUTHORITY TO DIRECT THAT THE STATE AGENCY, DEPARTMENT, PUBLIC AUTHORITY OR PUBLIC BENEFIT CORPORATION UNDERTAKING THE PROJECT SHALL IMPLEMENT ALL CORRECTIVE OR OTHER ACTION AS SHALL BE REQUIRED TO ACCOM- PLISH THE PROJECT, TO THE EXTENT PRACTICABLE, ON TIME, WITHIN BUDGET AND AT AN ACCEPTABLE OVERALL COST TO THE STATE OF NEW YORK. SUCH CORRECTIVE OR OTHER ACTION SHALL INCLUDE, BUT NOT BE LIMITED TO: (I) MODIFICATION OF SUCH PLANS, SPECIFICATIONS, DESIGNS AND ESTIMATES OF COSTS FOR THE CONSTRUCTION OF THE PROJECT AND EQUIPMENT OF FACILI- TIES; (II) DETAILED ANALYSIS OF THE PROJECT SCHEDULE; (III) DETAILED ANALYSIS OF PROJECT BUDGET; (IV) DETAILED ANALYSIS OF CHANGE ORDERS AND/OR PAYMENTS TO PRIME CONTRACTORS, SUBCONTRACTORS AND OTHER PARTIES; (V) DETAILED ANALYSIS OF RECORDS OF CONSTRUCTION OBSERVATIONS, INSPECTIONS AND DEFICIENCIES; (VI) TERMINATION OF CONTRACTS, CONTRACTORS, SUBCONTRACTORS OR OTHER CONSULTANTS; (VII) PROCUREMENT OF INDEPENDENT AUDITORS, PROJECT MANAGERS, LEGAL COUNSEL, OR OTHER PROFESSIONALS FOR THE BENEFIT OF THE PROJECT; (VIII) REGULAR REPORTING OF PROJECT STATUS AND MILESTONES TO THE PUBLIC; (IX) ACTIVE PROJECT MANAGEMENT REVIEW AND OVERSIGHT UTILIZING ADDI- TIONAL RESOURCES PROVIDED BY THE CORPORATION; AND S. 6405--A 93 A. 9005--A (X) PERIODIC PROJECT REVIEW AND AUDIT BY THE CORPORATION ON A SUITABLE TIME INTERVAL DETERMINED BY THE CORPORATION. (F) ANY STATE AGENCY, DEPARTMENT, PUBLIC AUTHORITY OR PUBLIC BENEFIT CORPORATION PROPOSING A PUBLIC WORKS PROJECT HAVING A TOTAL OR AGGREGATE CONSTRUCTION VALUE IN EXCESS OF FIFTY MILLION DOLLARS SHALL INCLUDE A SUMMARY OF THE PROVISIONS OF THIS SUBDIVISION IN ALL SUCH PROPOSAL AND/OR BID DOCUMENTS FOR SUCH PROJECTS. (G) ALL CONTRACT DOCUMENTS SHALL EXPRESSLY INCORPORATE THE PROVISIONS OF THIS SECTION AND INCLUDE COMPLIANCE WITH THE PROVISIONS HEREOF AS A CONDITION OF PERFORMANCE. 4. GENERAL POWERS AND DUTIES OF THE CORPORATION. (A) THE CORPORATION SHALL HAVE THE POWER TO: (I) SUE AND BE SUED; (II) HAVE A SEAL AND ALTER THE SAME AT PLEASURE; (III) MAKE AND ALTER BY-LAWS FOR ITS ORGANIZATION AND INTERNAL MANAGE- MENT AND MAKE RULES AND REGULATIONS GOVERNING SAME; (IV) APPOINT SUCH OFFICERS AND EMPLOYEES FROM THE OFFICERS AND EMPLOY- EES OF THE AUTHORITY, AS IT MAY REQUIRE FOR THE PERFORMANCE OF ITS DUTIES AND FIX AND DETERMINE THEIR QUALIFICATIONS, DUTIES, AND COMPEN- SATION, AND RETAIN OR EMPLOY COUNSEL, AUDITORS, PRIVATE FINANCIAL CONSULTANTS, PROFESSIONAL ENGINEERS OR OTHER TECHNICAL CONSULTANTS AND OTHER SERVICES ON A CONTRACT BASIS OR OTHERWISE, FOR THE RENDERING OF PROFESSIONAL, BUSINESS OR TECHNICAL SERVICES AND ADVICE, AND BE REIM- BURSED FOR SUCH SERVICES AS A COST OF THE PROJECT; (V) MAKE AND EXECUTE CONTRACTS AND ALL OTHER INSTRUMENTS NECESSARY OR CONVENIENT FOR THE EXERCISE OF ITS POWERS AND FUNCTIONS UNDER THIS SECTION; (VI) TO FIX AND COLLECT FEES AND OTHER CHARGES FOR SERVICES THE CORPO- RATION RENDERS IN CONNECTION WITH THIS SECTION; (VII) ACQUIRE, HOLD AND DISPOSE OF REAL OR PERSONAL PROPERTY FOR ITS CORPORATE PURPOSES, INCLUDING WITHOUT LIMITATION THE POWER TO EXERCISE EMINENT DOMAIN; (VIII) ENGAGE THE SERVICES OF PRIVATE CONSULTANTS ON A CONTRACT BASIS FOR RENDERING PROFESSIONAL AND TECHNICAL ASSISTANCE ADVICE; (IX) PROCURE INSURANCE AGAINST ANY LOSS IN CONNECTION WITH ITS ACTIV- ITIES, PROPERTIES AND OTHER ASSETS, IN SUCH AMOUNT AND FROM SUCH INSUR- ANCE AS IT DEEMS DESIRABLE; AND (X) INVEST ANY FUNDS OF THE CORPORATION, OR ANY OTHER MONIES UNDER ITS CUSTODY AND CONTROL NOT REQUIRED FOR IMMEDIATE USE OR DISBURSEMENT, AT THE DISCRETION OF THE CORPORATION, IN OBLIGATIONS OF THE STATE OR THE UNITED STATES GOVERNMENT OR OBLIGATIONS THE PRINCIPAL AND INTEREST OF WHICH ARE OBLIGATIONS IN WHICH THE COMPTROLLER OF THE STATE IS AUTHOR- IZED TO INVEST PURSUANT TO SECTION NINETY-EIGHT OF THE STATE FINANCE LAW. (B) THE CORPORATION MAY DO ANY AND ALL THINGS NECESSARY OR CONVENIENT TO CARRY OUT AND EXERCISE THE POWERS GIVEN AND GRANTED BY THIS SECTION. (C) NOTWITHSTANDING ANY OTHER PROVISION OF LAW, TO THE CONTRARY, ALL STATE OFFICERS, DEPARTMENTS, BOARDS, DIVISIONS, COMMISSIONS, PUBLIC AUTHORITIES AND PUBLIC BENEFIT CORPORATIONS SHALL COOPERATE WITH THE CORPORATION IN EVERY WAY AND SHALL IMPLEMENT ANY AND ALL RECOMMENDATIONS OF THE CORPORATION IN ANY MANNER WITHOUT THE APPROVAL OR AUTHORIZATION OF ANY STATE OFFICER OR AGENCY. 5. TERMINATION OF CORPORATION. THE CORPORATION AND ITS CORPORATE EXISTENCE SHALL CONTINUE UNTIL TERMINATED BY LAW, PROVIDED, HOWEVER, THAT NO SUCH LAW SHALL TAKE EFFECT SO LONG AS THE CORPORATION SHALL HAVE S. 6405--A 94 A. 9005--A OBLIGATIONS OUTSTANDING, UNLESS ADEQUATE PROVISION HAS BEEN MADE FOR THE PAYMENT OR EXERCISE THEREOF. S 2. This act shall take effect immediately. PART J Section 1. Section 167 of the civil service law is amended by adding a new subdivision 10 to read as follows: 10. NOTWITHSTANDING ANY INCONSISTENT PROVISION OF LAW, THE STATE'S CONTRIBUTION FOR THE COST OF PREMIUM OR SUBSCRIPTION CHARGES FOR THE COVERAGE OF RETIRED STATE EMPLOYEES WHO ARE ENROLLED IN THE STATEWIDE AND THE SUPPLEMENTARY HEALTH BENEFIT PLANS ESTABLISHED PURSUANT TO THIS ARTICLE AND WHO RETIRED ON OR AFTER OCTOBER FIRST, TWO THOUSAND SIXTEEN SHALL BE AS SET FORTH IN THIS SUBDIVISION. (A) FOR STATE EMPLOYEES WHO RETIRE FROM A POSITION AT OR EQUATED TO GRADE TEN OR HIGHER WITH AT LEAST TEN BUT LESS THAN TWENTY YEARS OF SERVICE, THE STATE SHALL PAY FIFTY PERCENT OF THE COST OF PREMIUM OR SUBSCRIPTION CHARGES FOR THE INDIVIDUAL COVERAGE OF SUCH RETIRED STATE EMPLOYEES. SUCH CONTRIBUTIONS SHALL INCREASE BY TWO PERCENT OF THE COST OF PREMIUM OR SUBSCRIPTION CHARGES FOR EACH YEAR OF SERVICE IN EXCESS OF TEN YEARS, TO A MAXIMUM OF SIXTY-EIGHT PERCENT OF THE COST OF PREMIUM OR SUBSCRIPTION CHARGES. FOR STATE EMPLOYEES WHO RETIRE FROM A POSITION AT OR EQUATED TO GRADE TEN OR HIGHER WITH TWENTY OR MORE YEARS OF SERVICE, THE STATE SHALL PAY SEVENTY-FOUR PERCENT OF THE COST OF PREMIUM OR SUBSCRIPTION CHARGES FOR THE INDIVIDUAL COVERAGE OF SUCH RETIRED STATE EMPLOYEES. SUCH CONTRIBUTIONS SHALL INCREASE BY ONE PERCENT OF THE COST OF PREMIUM OR SUBSCRIPTION CHARGES FOR EACH YEAR OF SERVICE IN EXCESS OF TWENTY YEARS, TO A MAXIMUM OF EIGHTY-FOUR PERCENT OF THE COST OF PREMIUM OR SUBSCRIPTION CHARGES. (B) FOR STATE EMPLOYEES WHO RETIRE FROM A POSITION AT OR EQUATED TO GRADE NINE OR LOWER WITH AT LEAST TEN BUT LESS THAN TWENTY YEARS OF SERVICE, THE STATE SHALL PAY FIFTY-FOUR PERCENT OF THE COST OF PREMIUM OR SUBSCRIPTION CHARGES FOR THE INDIVIDUAL COVERAGE OF SUCH RETIRED STATE EMPLOYEES. SUCH CONTRIBUTIONS SHALL INCREASE BY TWO PERCENT OF THE COST OF PREMIUM OR SUBSCRIPTION CHARGES FOR EACH YEAR OF SERVICE IN EXCESS OF TEN YEARS, TO A MAXIMUM OF SEVENTY-TWO PERCENT OF THE COST OF PREMIUM OR SUBSCRIPTION CHARGES. FOR STATE EMPLOYEES WHO RETIRE FROM A POSITION AT OR EQUATED TO GRADE NINE OR LOWER WITH TWENTY OR MORE YEARS OF SERVICE, THE STATE SHALL PAY SEVENTY-EIGHT PERCENT OF THE COST OF PREMIUM SUBSCRIPTION CHARGES FOR THE INDIVIDUAL COVERAGE OF SUCH RETIRED STATE EMPLOYEES. SUCH CONTRIBUTIONS SHALL INCREASE BY ONE PERCENT OF THE COST OF PREMIUM OR SUBSCRIPTION CHARGES FOR EACH YEAR OF SERVICE IN EXCESS OF TWENTY YEARS, TO A MAXIMUM OF EIGHTY-EIGHT PERCENT OF THE COST OF PREMIUM OR SUBSCRIPTION CHARGES. (C) FOR STATE EMPLOYEES WHO RETIRE FROM A POSITION AT OR EQUATED TO GRADE TEN OR HIGHER WITH AT LEAST TEN BUT LESS THAN TWENTY YEARS OF SERVICE, THE STATE SHALL PAY THIRTY-FIVE PERCENT OF THE COST OF PREMIUM OR SUBSCRIPTION CHARGES FOR THE COVERAGE OF DEPENDENTS OF SUCH RETIRED STATE EMPLOYEES; SUCH CONTRIBUTION SHALL INCREASE BY TWO PERCENT OF THE COST OF PREMIUM OR SUBSCRIPTION CHARGES FOR EACH YEAR OF SERVICE IN EXCESS OF TEN YEARS, TO A MAXIMUM OF FIFTY-THREE PERCENT OF THE COST OF PREMIUM OR SUBSCRIPTION CHARGES FOR SUCH DEPENDENTS. FOR STATE EMPLOYEES WHO RETIRE FROM A POSITION AT OR EQUATED TO GRADE TEN OR HIGHER WITH TWENTY OR MORE YEARS OF SERVICE, THE STATE SHALL PAY FIFTY-NINE PERCENT OF THE COST OF PREMIUM OR SUBSCRIPTION CHARGES FOR THE COVERAGE OF DEPENDENTS OF SUCH RETIRED STATE EMPLOYEES; SUCH CONTRIBUTION SHALL S. 6405--A 95 A. 9005--A INCREASE BY ONE PERCENT OF THE COST OF PREMIUM OR SUBSCRIPTION CHARGES FOR EACH YEAR OF SERVICE IN EXCESS OF TWENTY YEARS, TO A MAXIMUM OF SIXTY-NINE PERCENT OF THE COST OF PREMIUM OR SUBSCRIPTION CHARGES FOR SUCH DEPENDENTS. (D) FOR STATE EMPLOYEES WHO RETIRE FROM A POSITION AT OR EQUATED TO GRADE NINE OR LOWER WITH AT LEAST TEN BUT LESS THAN TWENTY YEARS OF SERVICE, THE STATE SHALL PAY THIRTY-NINE PERCENT OF THE COST OF PREMIUM OR SUBSCRIPTION CHARGES FOR THE COVERAGE OF DEPENDENTS OF SUCH RETIRED STATE EMPLOYEES; SUCH CONTRIBUTION SHALL INCREASE BY TWO PERCENT OF THE COST OF PREMIUM OR SUBSCRIPTION CHARGES FOR EACH YEAR OF SERVICE IN EXCESS OF TEN YEARS, TO A MAXIMUM OF FIFTY-SEVEN PERCENT OF THE COST OF PREMIUM OR SUBSCRIPTION CHARGES FOR SUCH DEPENDENTS. FOR STATE EMPLOYEES WHO RETIRE FROM A POSITION AT OR EQUATED TO GRADE NINE OR LOWER WITH TWENTY OR MORE YEARS OF SERVICE, THE STATE SHALL PAY SIXTY-THREE PERCENT OF THE COST OF PREMIUM OR SUBSCRIPTION CHARGES FOR THE COVERAGE OF DEPENDENTS OF SUCH RETIRED STATE EMPLOYEES; SUCH CONTRIBUTION SHALL INCREASE BY ONE PERCENT OF THE COST OF PREMIUM OR SUBSCRIPTION CHARGES FOR EACH YEAR OF SERVICE IN EXCESS OF TWENTY YEARS, TO A MAXIMUM OF SEVENTY-THREE PERCENT OF THE COST OF PREMIUM OR SUBSCRIPTION CHARGES FOR SUCH DEPENDENTS. (E) WITH RESPECT TO ALL SUCH RETIRED STATE EMPLOYEES, EACH INCREMENT OF ONE OR TWO PERCENT OF THE COST OF PREMIUM OR SUBSCRIPTION CHARGES FOR EACH YEAR OF SERVICE SHALL BE APPLICABLE FOR WHOLE YEARS OF SERVICE TO THE STATE AND SHALL NOT BE APPLIED ON A PRO-RATA BASIS FOR PARTIAL YEARS OF SERVICE. (F) THE PROVISIONS OF THIS SUBDIVISION SHALL NOT BE APPLICABLE TO: (I) MEMBERS OF THE NEW YORK STATE AND LOCAL POLICE AND FIRE RETIREMENT SYSTEM; (II) MEMBERS IN THE UNIFORMED PERSONNEL IN INSTITUTIONS UNDER THE JURISDICTION OF THE STATE DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPER- VISION OR WHO ARE SECURITY HOSPITAL TREATMENT ASSISTANTS, AS DEFINED IN SECTION EIGHTY-NINE OF THE RETIREMENT AND SOCIAL SECURITY LAW; AND (III) ANY STATE EMPLOYEE DETERMINED TO HAVE RETIRED WITH AN ORDINARY, ACCIDENTAL, OR PERFORMANCE OF DUTY DISABILITY RETIREMENT BENEFIT. (G) FOR THE PURPOSES OF DETERMINING THE PREMIUM OR SUBSCRIPTION CHARG- ES TO BE PAID BY THE STATE ON BEHALF OF RETIRED STATE EMPLOYEES ENROLLED IN THE NEW YORK STATE HEALTH INSURANCE PROGRAM WHO RETIRE ON OR AFTER OCTOBER FIRST, TWO THOUSAND SIXTEEN, THE STATE SHALL CONSIDER ALL YEARS OF SERVICE THAT A RETIRED STATE EMPLOYEE HAS ACCRUED IN A PUBLIC RETIRE- MENT SYSTEM OF THE STATE OR AN OPTIONAL RETIREMENT PROGRAM ESTABLISHED PURSUANT TO ARTICLE THREE, EIGHT-B, OR ONE HUNDRED TWENTY-FIVE-A OF THE EDUCATION LAW. THE PROVISIONS OF THIS PARAGRAPH MAY NOT BE USED TO GRANT ELIGIBILITY FOR RETIREE STATE HEALTH INSURANCE COVERAGE TO A RETIREE WHO IS NOT OTHERWISE ELIGIBLE TO ENROLL IN THE NEW YORK STATE HEALTH INSUR- ANCE PROGRAM AS A RETIREE. S 2. This act shall take effect October 1, 2016. PART K Section 1. Section 167-a of the civil service law, as amended by section 1 of part I of chapter 55 of the laws of 2012, is amended to read as follows: S 167-a. Reimbursement for medicare premium charges. Upon exclusion from the coverage of the health benefit plan of supplementary medical insurance benefits for which an active or retired employee or a depend- ent covered by the health benefit plan is or would be eligible under the S. 6405--A 96 A. 9005--A federal old-age, survivors and disability insurance program, EFFECTIVE OCTOBER FIRST, TWO THOUSAND SIXTEEN, an amount [equal to] NOT TO EXCEED ONE HUNDRED FOUR DOLLARS AND NINETY CENTS PER MONTH FOR the STANDARD MEDICARE premium charge for such supplementary medical insurance bene- fits for such active or retired employee and his or her dependents, if any, shall be paid monthly or at other intervals to such active or retired employee from the health insurance fund; PROVIDED, HOWEVER, EFFECTIVE JANUARY FIRST, TWO THOUSAND SIXTEEN, THERE SHALL BE NO PAYMENT WHATSOEVER FOR THE INCOME RELATED MONTHLY ADJUSTMENT AMOUNT FOR ANY AMOUNTS OR PREMIUMS INCURRED ON OR AFTER JANUARY FIRST, TWO THOUSAND SIXTEEN, TO ANY ACTIVE OR RETIRED EMPLOYEE AND HIS OR HER DEPENDENTS, IF ANY. Where appropriate, such STANDARD MEDICARE PREMIUM amount may be deducted from contributions payable by the employee or retired employee; or where appropriate in the case of a retired employee receiving a retirement allowance, such STANDARD MEDICARE PREMIUM amount may be included with payments of his or her retirement allowance. All state employer, employee, retired employee and dependent contributions to the health insurance fund, including contributions from public authorities, public benefit corporations or other quasi-public organizations of the state eligible for participation in the health benefit plan as author- ized by subdivision two of section one hundred sixty-three of this arti- cle, shall be adjusted as necessary to cover the cost of reimbursing federal old-age, survivors and disability insurance program premium charges under this section. This cost shall be included in the calcu- lation of premium or subscription charges for health coverage provided to employees and retired employees of the state, public authorities, public benefit corporations or other quasi-public organizations of the state; provided, however, the state, public authorities, public benefit corporations or other quasi-public organizations of the state shall remain obligated to pay no less than its share of such increased cost consistent with its share of premium or subscription charges provided for by this article. All other employer contributions to the health insurance fund shall be adjusted as necessary to provide for such payments. S 2. This act shall take effect immediately and shall be deemed to have been in full force and effect on and after October 1, 2016 for the standard medicare premium amount and January 1, 2016 for the income related monthly adjustment amount for any amounts or premiums incurred on or after January 1, 2016. PART L Section 1. Paragraph (d) of subdivision 4 of section 209 of the civil service law, as amended by chapter 67 of the laws of 2013, is amended to read as follows: (d) The provisions of this subdivision shall expire [thirty-nine years from July first, nineteen hundred seventy-seven, and hereafter may be renewed every four years] JULY FIRST, TWO THOUSAND NINETEEN. S 2. Paragraph (f) of subdivision 6 of section 209 of the civil service law, as added by chapter 67 of the laws of 2013, is amended to read as follows: (f) The provisions of this subdivision shall expire [three years from] July first, two thousand [thirteen] NINETEEN. S 3. This act shall take effect immediately. PART M S. 6405--A 97 A. 9005--A Section 1. The opening paragraph of subdivision 3 of section 93-b of the state finance law, as added by section 1 of part H of chapter 60 of the laws of 2015, is amended to read as follows: Notwithstanding any other provisions of law to the contrary, for the state fiscal year commencing on April first, two thousand fifteen, AND EACH STATE FISCAL YEAR THEREAFTER, 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 infrastruc- ture investment fund, in an amount determined by the director of the budget to the extent moneys are available in the fund; provided, howev- er, 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; and/or to fulfill disallowances and/or settlements related to over-payments of 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 (b) of this subdi- vision. S 2. This act shall take effect immediately. PART N 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. Proprietary vocational school supervision account (20452). 2. Local government records management account (20501). 3. Child health plus program account (20810). 4. EPIC premium account (20818). 5. Education - New (20901). 6. VLT - Sound basic education fund (20904). 7. Sewage treatment program management and administration fund (21000). 8. Hazardous bulk storage account (21061). 9. Federal grants indirect cost recovery account (21065). 10. Low level radioactive waste account (21066). 11. Recreation account (21067). 12. Public safety recovery account (21077). 13. Environmental regulatory account (21081). 14. Natural resource account (21082). 15. Mined land reclamation program account (21084). 16. Great lakes restoration initiative account (21087). 17. Environmental protection and oil spill compensation fund (21200). 18. Public transportation systems account (21401). 19. Metropolitan mass transportation (21402). 20. Operating permit program account (21451). 21. Mobile source account (21452). 22. Statewide planning and research cooperative system account (21902). 23. Mental hygiene program fund account (21907). 24. Mental hygiene patient income account (21909). 25. Financial control board account (21911). 26. Regulation of racing account (21912). 27. New York Metropolitan Transportation Council account (21913). 28. State university dormitory income reimbursable account (21937). S. 6405--A 98 A. 9005--A 29. Criminal justice improvement account (21945). 30. Environmental laboratory reference fee account (21959). 31. Clinical laboratory reference system assessment account (21962). 32. Indirect cost recovery account (21978). 33. High school equivalency program account (21979). 34. Multi-agency training account (21989). 35. Interstate reciprocity for post-secondary distance education account. 36. Bell jar collection account (22003). 37. Industry and utility service account (22004). 38. Real property disposition account (22006). 39. Parking account (22007). 40. Asbestos safety training program account (22009). 41. Batavia school for the blind account (22032). 42. Investment services account (22034). 43. Surplus property account (22036). 44. Financial oversight account (22039). 45. Regulation of Indian gaming account (22046). 46. Rome school for the deaf account (22053). 47. Seized assets account (22054). 48. Administrative adjudication account (22055). 49. Federal salary sharing account (22056). 50. New York City assessment account (22062). 51. Cultural education account (22063). 52. Local services account (22078). 53. DHCR mortgage servicing account (22085). 54. Department of motor vehicles compulsory insurance account (22087). 55. Housing indirect cost recovery account (22090). 56. DHCR-HCA application fee account (22100). 57. Low income housing monitoring account (22130). 58. Corporation administration account (22135). 59. Montrose veteran's home account (22144). 60. Deferred compensation administration account (22151). 61. Rent revenue other New York City account (22156). 62. Rent revenue account (22158). 63. Tax revenue arrearage account (22168). 64. Highway use tax administration account. 65. State university general income offset account (22654). 66. Lake George park trust fund account (22751). 67. State police motor vehicle law enforcement account (22802). 68. Highway safety program account (23001). 69. EFC drinking water program account (23101). 70. DOH drinking water program account (23102). 71. NYCCC operating offset account (23151). 72. Commercial gaming revenue account (23701). 73. Commercial gaming regulation account (23702). 74. Highway and bridge capital account (30051). 75. State university residence hall rehabilitation fund (30100). 76. State parks infrastructure account (30351). 77. Clean water/clean air implementation fund (30500). 78. Hazardous waste remedial cleanup account (31506). 79. Youth facilities improvement account (31701). 80. Housing assistance fund (31800). 81. Housing program fund (31850). 82. Highway facility purpose account (31951). 83. Information technology capital financing account (32215). S. 6405--A 99 A. 9005--A 84. New York racing account (32213). 85. Mental hygiene facilities capital improvement fund (32300). 86. Correctional facilities capital improvement fund (32350). 87. New York State Storm Recovery Capital Fund (33000). 88. OGS convention center account (50318). 89. Empire Plaza Gift Shop (50327) 90. Centralized services fund (55000). 91. Archives records management account (55052). 92. Federal single audit account (55053). 93. Civil service EHS occupational health program account (55056). 94. Banking services account (55057). 95. Cultural resources survey account (55058). 96. Automation & printing chargeback account (55060). 97. OFT NYT account (55061). 98. Data center account (55062). 99. Intrusion detection account (55066). 100. Domestic violence grant account (55067). 101. Centralized technology services account (55069). 102. Labor contact center account (55071). 103. Human services contact center account (55072). 104. Tax contact center account (55073). 105. Policing the NYS thruway account. 106. Executive direction internal audit account (55251). 107. CIO Information technology centralized services account (55252). 108. Health insurance internal service account (55300). 109. Civil service employee benefits division administrative account (55301). 110. Correctional industries revolving fund (55350). 111. Employees health insurance account (60201). 112. 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, 2017, and with respect to item 5 under the miscella- neous category set forth in this section, up to and after March 31, 2017, up to the unencumbered balance or the following 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. S. 6405--A 100 A. 9005--A 2. An amount up to the unencumbered balance from the miscellaneous special revenue fund, business and licensing services account (21977), to the general fund. 3. $14,810,000 from the miscellaneous special revenue fund, code enforcement account (21904), to the general fund. 4. $3,000,000 from the general fund to the miscellaneous special revenue fund, tax revenue arrearage account (22168). Education: 1. $2,260,000,000 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. $986,000,000 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. Up to $137,700,000 from the moneys deposited in commercial gaming revenue account (23701) to the general fund as reimbursement for disbursements made from the general fund for supplemental aid to educa- tion during the prior fiscal year due to the unencumbered balance of the commercial gaming revenue account during the prior fiscal year being less than required to fully fund payments of general support for public schools, pursuant to Chapter 61 of the laws of 2015. 5. $300,000 from the local government records management improvement fund (20500) to the archives partnership trust fund (20350). 6. $900,000 from the general fund to the miscellaneous special revenue fund, Batavia school for the blind account (22032). 7. $900,000 from the general fund to the miscellaneous special revenue fund, Rome school for the deaf account (22053). 8. $343,400,000 from the state university dormitory income fund (40350) to the miscellaneous special revenue fund, state university dormitory income reimbursable account (21937). 9. $24,000,000 from any of the state education department special revenue and internal service funds to the miscellaneous special revenue fund, indirect cost recovery account (21978). 10. $8,318,000 from the general fund to the state university income fund, state university income offset account (22654), for the state's share of repayment of the STIP loan. 11. $40,000,000 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. 12. An amount up to $14,251,000 from the general fund to the state university income fund, state university general revenue account (22653). 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). S. 6405--A 101 A. 9005--A 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. $146,000,000 from the general fund to the environmental protection fund, environmental protection fund transfer account (30451). 6. $9,700,000 from the general fund to the hazardous waste remedial fund, hazardous waste oversight and assistance account (31505). 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. $4,000,000 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. $140,000,000 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 special revenue federal funds to the miscellaneous special revenue fund, office of temporary and disability assistance program account (21980). 6. $21,000,000 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. 10. $1,000,000 from the general fund to the housing program fund (31850). 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). S. 6405--A 102 A. 9005--A 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. $19,000,000 from the miscellaneous special revenue fund, revenue arrearage account (22024), to the general fund. 8. $1,826,000 from the miscellaneous special revenue fund, revenue arrearage account (22024), to the miscellaneous special revenue fund, authority budget office account (22138). 9. $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. 10. $21,789,000 from the general fund to the centralized services fund, COPS account (55013). 11. $2,360,000 from the general fund to the agencies internal service fund, central technology services account (55069), for the purpose of enterprise technology projects. 12. $15,000,000 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. $33,710,000 from the miscellaneous special revenue fund, quality of care account (21915), to the general fund. 2. A transfer from the general fund to the combined gifts, grants and bequests fund, breast cancer research and education account (20155), up to an amount equal to the monies collected and deposited into that account in the previous fiscal year. 3. A transfer from the general fund to the combined gifts, grants and bequests fund, prostate cancer research, detection, and education account (20183), up to an amount equal to the moneys collected and deposited into that account in the previous fiscal year. 4. A transfer from the general fund to the combined gifts, grants and bequests fund, Alzheimer's disease research and assistance account (20143), up to 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. $7,000,000 from the miscellaneous special revenue fund, certificate of need account (21920), to the miscellaneous capital projects fund, healthcare IT capital subfund (32216). 7. $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). 8. $1,000,000 from the miscellaneous special revenue fund, vital records account (22103), to the miscellaneous capital projects fund, healthcare IT capital account (32216). 9. $55,500,000 from the HCRA resources fund (20800) to the capital projects fund (30000). 10. $3,700,000 from the miscellaneous New York state agency fund, medical assistance account to the general fund. S. 6405--A 103 A. 9005--A 11. $4,886,000 from the general fund to the medical marihuana trust fund, health operation and oversight account (23755). 12. $1,086,000 from the miscellaneous special revenue fund, certif- icate of need account (21920), to the general fund. 13. $1,000,000 from the miscellaneous special revenue fund, profes- sional medical conduct account (22088), to the miscellaneous capital projects fund, healthcare IT capital account (32216). Labor: 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. $1,950,000,000 from the general fund to the miscellaneous special revenue fund, mental hygiene patient income account (21909). 3. $1,550,000,000 from the general fund to the miscellaneous special revenue fund, mental hygiene program fund account (21907). 4. $100,000,000 from the miscellaneous special revenue fund, mental hygiene program fund account (21907), to the general fund. 5. $100,000,000 from the miscellaneous special revenue fund, mental hygiene patient income account (21909), to the general fund. 6. $3,800,000 from the miscellaneous special revenue fund, mental hygiene patient income account (21909), to the agencies internal service fund, civil service EHS occupational health program account (55056). 7. $5,000,000 from the chemical dependence service fund, substance abuse services fund account (22700), to the miscellaneous capital projects fund, chemical dependence service capital account. 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. $10,500,000 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. $6,300,000 from the general fund to the miscellaneous special revenue fund, crimes against revenue program account (22015). 6. $8,600,000 from the miscellaneous special revenue fund, criminal justice improvement account (21945), to the general fund. 7. $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. 8. $53,500,000 from the general fund to the correctional facilities capital improvement fund (32350). 9. $5,000,000 from the general fund to the dedicated highway and bridge trust fund (30050) for the purpose of work zone safety activities S. 6405--A 104 A. 9005--A provided by the division of state police for the department of transpor- tation. 10. $10,000,000 from the miscellaneous special revenue fund, statewide public safety communications account (22123), to the capital projects fund (30000). 11. $2,900,000 from the miscellaneous special revenue fund, legal services assistance account (22096), to the general fund. 12. $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. 13. $1,000,000 from the general fund to the agencies internal service fund, center for employment opportunities NWP account. 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. $1,240,000 from the miscellaneous special revenue fund, compulsory insurance account (22087), to the dedicated highway and bridge trust fund (30050). 4. $15,046,384 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. $810,000,000 from the general fund to the dedicated highway and bridge trust fund (30050). 6. $936,000 from the miscellaneous special revenue fund, accident prevention course program account (22094), to the dedicated highway and bridge trust fund (30050). 7. $1,234,000 from the miscellaneous special revenue fund, motorcycle safety account (21976), to the dedicated highway and bridge trust fund (30050). 8. $309,250,000 from the general fund to the MTA financial assistance fund, mobility tax trust account (23651). 9. $5,000,000 from the miscellaneous special revenue fund, transporta- tion 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. 10. $34,000 from the miscellaneous special revenue fund, seized assets account (21906), to the dedicated highway and bridge trust fund (30050). 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. $500,000,000 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. $1,840,000,000 from the general fund to the dedicated infrastruc- ture investment fund. S. 6405--A 105 A. 9005--A 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, 2017: 1. Upon request of the commissioner of environmental conservation, up to $11,410,000 from revenues credited to any of the department of envi- ronmental conservation special revenue funds, including $3,293,400 from the environmental protection and oil spill compensation fund (21200), and $1,783,600 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, 2017, 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, 2017, 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 S. 6405--A 106 A. 9005--A designee, on or before March 31, 2017, up to $6,500,000 from the state university income fund general revenue account (22653) to the state general fund for debt service costs related to campus supported capital project costs for the NY-SUNY 2020 challenge grant program at the University at Albany. S 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, 2017. 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 $69,264,000 from the general fund to the state university income fund, state university hospitals income reimbursable account (22656) during the period July 1, 2016 through June 30, 2017 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 $996,778,300 from the general fund to the state university income fund, state university general revenue offset account (22655) during the period of July 1, 2016 through June 30, 2017 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 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, 2017. S 12. 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 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, 2017. S. 6405--A 107 A. 9005--A S 13. 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 14. Notwithstanding any law to the contrary, and in accordance with section 4 of the state finance law, the comptroller is hereby authorized and directed to transfer monies, upon request of the director of the budget, on or before March 31, 2017, 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 15. Notwithstanding any law to the contrary, and in accordance with section 4 of the state finance law, the comptroller is hereby authorized and directed to transfer, at the request of the director of the budget, up to $750 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 2016-17 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 16. Notwithstanding any law to the contrary, and in accordance with section 4 of the state finance law, the comptroller is hereby authorized and directed to transfer, at the request of the director of the budget, up to $100 million from any non-general fund or account, or combination of funds and accounts, to the 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 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 S. 6405--A 108 A. 9005--A and directed to transfer, at the request of the director of the budget, up to $350 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 18. 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 transfer to the state treasury to the credit of the general fund $20,000,000 for the state fiscal year commencing April 1, 2016, the proceeds of which will be utilized to support energy-related state activities. S 19. Notwithstanding any provision of law, rule or regulation to the contrary, the New York State energy research and development authority is authorized and directed to make a contribution to the state treasury to the credit of the general fund in the amount of $23,000,000 from proceeds collected by the authority from the auction or sale of carbon dioxide emission allowances allocated by the department of environmental conservation on or before March 31, 2017. S 20. Notwithstanding any provision of law, rule or regulation to the contrary, the New York state energy research and development authority is authorized and directed to transfer to the state university income fund general revenue account (22653), in an amount not to exceed $15,000,000 for the state fiscal year commencing April 1, 2016 from the proceeds collected by the authority from the auction or sale of carbon dioxide emission allowances allocated by the department of environmental conservation, which amount shall be utilized to support the Clean Energy Workforce Opportunity Program, to expand and develop clean energy educa- tion and workforce training programs; provided further, that up to $5,000,000 of such amount shall be available to support Clean Energy Workforce Opportunity Program initiatives at state university of New York community colleges. S 21. Subdivision 5 of section 97-rrr of the state finance law, as amended by section 21 of part I of chapter 60 of the laws of 2015, 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 [fifteen] SIXTEEN, 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 [$3,382,279,000] $3,227,844,000, 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 [fifteen] SIXTEEN. S. 6405--A 109 A. 9005--A 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 2016. 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 2016 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. The opening paragraph of section 2 and section 47 of part I of chapter 60 of the laws of 2015, providing for the administration of certain funds and accounts related to the 2015-16 budget, are amended to read as follows: 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, AND WITH RESPECT TO ITEM 5 UNDER THE MISCELLA- NEOUS CATEGORY SET FORTH IN THIS SECTION, UP TO AND AFTER MARCH 31, 2016, up to the unencumbered balance or the following amounts: 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] WITH THE EXCEPTION OF ITEM 5 OF THE MISCELLANEOUS CATE- GORY SET FORTH WITHIN SECTION TWO OF THIS ACT, the provisions of sections one through eight and sections thirteen through twenty of this act shall expire March 31, 2016, when upon such date the provisions of such sections shall be deemed repealed. S 24. Subdivision 6 of section 4 of the state finance law, as amended by section 22 of part I of chapter 55 of the laws of 2014, is amended to read as follows: 6. Notwithstanding any law to the contrary, at the beginning of the state fiscal year, the state comptroller is hereby authorized and directed to receive for deposit to the credit of a fund and/or an account such monies as are identified by the director of the budget as having been intended for such deposit to support disbursements from such fund and/or account made in pursuance of an appropriation by law. As soon as practicable upon enactment of the budget, the director of the budget shall, but not less than three days following preliminary submission to the chairs of the senate finance committee and the assem- bly ways and means committee, file with the state comptroller an iden- tification of specific monies to be so deposited. Any subsequent change regarding the monies to be so deposited shall be filed by the director of the budget, as soon as practicable, but not less than three days following preliminary submission to the chairs of the senate finance committee and the assembly ways and means committee. All monies identified by the director of the budget to be deposited to the credit of a fund and/or account shall be consistent with the intent of the budget for the then current state fiscal year as enacted by the legislature. [The provisions of this subdivision shall expire on March thirty- first, two thousand sixteen.] S 25. Subdivision 4 of section 40 of the state finance law, as amended by section 23 of part I of chapter 55 of the laws of 2014, is amended to read as follows: 4. Every appropriation made from a fund or account to a department or agency shall be available for the payment of prior years' liabilities in such fund or account for fringe benefits, indirect costs, and telecommu- S. 6405--A 110 A. 9005--A nications expenses and expenses for other centralized services fund programs without limit. Every appropriation shall also be available for the payment of prior years' liabilities other than those indicated above, but only to the extent of one-half of one percent of the total amount appropriated to a department or agency in such fund or account. [The provisions of this subdivision shall expire March thirty-first, two thousand sixteen.] S 26. Subparagraph (i) of paragraph (a) of subdivision 3 of section 92-cc of the state finance law, as added by chapter 1 of the laws of 2007, is amended to read as follows: (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 PRIVATE SECTOR employment, [total] AVER- AGE WEEKLY HOURS OF manufacturing [hours worked] WORKERS, and THE unem- ployment RATE prepared by the department of labor or its successor agen- cy, and total sales tax [collected net of law changes] COLLECTIONS ADJUSTED FOR INFLATION, prepared by the department of taxation and finance or its successor agency. Such index shall be [constructed in accordance with the procedures 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] CENSUS BUREAU or its successor agency. If the composite index declines for five 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 notifica- tion, the director of the budget may authorize and direct the comp- troller 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 consecutive months or twelve months from the original notification of the commissioner of labor, whichever occurs earlier. Provided, however, that for every addi- tional and consecutive monthly decline succeeding the five month decline so noted by the commissioner of labor, the twelve month lapse date shall be extended by one additional month; or S 27. Paragraph (a) of subdivision 3 of section 93-b of the state finance law, as added by section 1 of part H of chapter 60 of the laws of 2015, is amended to read as follows: (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 PRIVATE SECTOR employment, [total] AVER- AGE WEEKLY HOURS OF manufacturing [hours worked] WORKERS, and THE unem- ployment RATE prepared by the department of labor or its successor agen- cy, and total sales tax [collected net of law changes] COLLECTIONS ADJUSTED FOR INFLATION, prepared by the department of taxation and finance or its successor agency. Such index shall be [constructed in accordance with the procedures 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] CENSUS BUREAU or its successor agency. If the composite index declines for five S. 6405--A 111 A. 9005--A 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 notifica- tion, the director of the budget may authorize and direct the comp- troller to transfer from the dedicated infrastructure investment fund to the general fund such amounts as the director of the budget deems neces- sary to meet the requirements of the state financial plan. The authority to transfer funds under the provisions of this paragraph shall lapse when the composite index shall have increased for five consecutive months or twelve months from the original notification of the commis- sioner of labor, whichever occurs earlier. Provided, however, that for every additional and consecutive monthly decline succeeding the five month decline so noted by the commissioner of labor, the twelve month lapse date shall be extended by one additional month. S 28. Notwithstanding any other law, rule, or regulation to the contrary, the state comptroller is hereby authorized and directed to use any balance remaining in the mental health services fund debt service appropriation, after payment by the state comptroller of all obligations required pursuant to any lease, sublease, or other financing arrangement between the dormitory authority of the state of New York as successor to the New York state medical care facilities finance agency, and the facilities development corporation pursuant to chapter 83 of the laws of 1995 and the department of mental hygiene for the purpose of making payments to the dormitory authority of the state of New York for the amount of the earnings for the investment of monies deposited in the mental health services fund that such agency determines will or may have to be rebated to the federal government pursuant to the provisions of the internal revenue code of 1986, as amended, in order to enable such agency to maintain the exemption from federal income taxation on the interest paid to the holders of such agency's mental services facilities improvement revenue bonds. 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 29. 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 25 of part I of chapter 60 of the laws of 2015, 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 [two] THREE hundred [sixty-nine] SIXTY-FOUR million [one] EIGHT 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 S. 6405--A 112 A. 9005--A 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 30. 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 27 of part I of chapter 60 of the laws of 2015, 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] FOUR hundred [sixty-three] TWENTY-FOUR million [three] NINE hundred [sixty- nine] NINETY-NINE thousand dollars [$7,163,369,000] $7,424,999,000, and shall include all bonds, notes and other obligations issued pursuant to chapter 56 of the laws of 1983, as amended or supplemented. The proceeds of such bonds, notes or other obligations shall be paid to the state, for deposit in the correctional facilities capital improvement fund to pay for all or any portion of the amount or amounts paid by the state from appropriations or reappropriations made to the department of corrections and community supervision from the correctional facilities capital improvement fund for capital projects. The aggregate amount of bonds, notes or other obligations authorized to be issued pursuant to this section shall exclude bonds, notes or other obligations issued to refund or otherwise repay bonds, notes or other obligations theretofore issued, the proceeds of which were paid to the state for all or a portion of the amounts expended by the state from appropriations or reappropriations made to the department of corrections and community supervision; provided, however, that upon any such refunding or repay- ment the total aggregate principal amount of outstanding bonds, notes or other obligations may be greater than seven billion [one] FOUR hundred [sixty-three] TWENTY-FOUR million [three] NINE hundred [sixty-nine] NINETY-NINE thousand dollars [$7,163,369,000] $7,424,999,000, 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 obligations, which shall be that rate arrived at by doubling the semi-annual interest rate (compounded semi-annually) necessary to discount the debt service payments on the refunding or repayment bonds, notes or other obligations from the payment dates thereof to the date of issue of the refunding or repayment bonds, notes or other obligations and to the price bid includ- ing estimated accrued interest or proceeds received by the corporation including estimated accrued interest from the sale thereof. S 31. Paragraph (a) of subdivision 2 of section 47-e of the private housing finance law, as amended by section 28 of part I of chapter 60 of the laws of 2015, 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 S. 6405--A 113 A. 9005--A 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 [three] FOUR billion [one] SIX hundred [fifty-three] NINETY-SEVEN million [seven] FOUR hundred [nine- ty-nine] SEVENTY-FOUR 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 partic- ular 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 32. 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 29 of part I of chapter 60 of the laws of 2015, is amended to read as follows: (b) Any service contract or contracts for projects authorized pursuant to sections 10-c, 10-f, 10-g and 80-b of the highway law and section 14-k of the transportation law, and entered into pursuant to subdivision (a) of this section, shall provide for state commitments to provide annually to the thruway authority a sum or sums, upon such terms and conditions as shall be deemed appropriate by the director of the budget, to fund, or fund the debt service requirements of any bonds or any obli- gations of the thruway authority issued to fund or to reimburse the state for funding such projects having a cost not in excess of [$8,658,881,000] $9,147,234,000 cumulatively by the end of fiscal year [2015-16] 2016-17. S 33. Subdivision 1 of section 1689-i of the public authorities law, as amended by section 30 of part I of chapter 60 of the laws of 2015, 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 [forty] FIFTY-FOUR million dollars. S 34. 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 31 of part I of chapter 60 of the laws of 2015, 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- S. 6405--A 114 A. 9005--A opment corporation is hereby authorized to issue bonds or notes in one or more series in an aggregate principal amount not to exceed [$155,600,000] $167,600,000, 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 35. 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 32 of part I of chapter 60 of the laws of 2015, 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 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, regional infrastructure projects, A COMMERCIALIZATION CENTER IN CHAUTAU- QUA COUNTY, AN INDUSTRIAL SCALE RESEARCH AND DEVELOPMENT FACILITY IN CLINTON COUNTY, UPSTATE REVITALIZATION INITIATIVE PROJECTS, MARKET NEW YORK PROJECTS, and other state costs associated with such projects. The aggregate principal amount of bonds authorized to be issued pursuant to this section shall not exceed [two] THREE billion [eight] SIX hundred [eighty-eight] FIFTY-THREE 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- S. 6405--A 115 A. 9005--A 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, regional infrastructure projects, A COMMERCIALIZATION CENTER IN CHAUTAUQUA COUN- TY, AN INDUSTRIAL SCALE RESEARCH AND DEVELOPMENT FACILITY IN CLINTON COUNTY, UPSTATE REVITALIZATION INITIATIVE PROJECTS, MARKET NEW YORK PROJECTS, and other state costs associated with such projects, the director of the budget is hereby authorized to enter into one or more service contracts with the dormitory authority and the corporation, none of which shall exceed thirty years in 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 36. Subdivision 3 of section 1285-p of the public authorities law, as amended by section 33 of part I of chapter 60 of the laws of 2015, is amended to read as follows: 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] TWO billion [seven hundred seventy-five] EIGHT million [seven] TWO hundred sixty thousand dollars, exclusive of bonds issued to fund any debt service reserve funds, pay costs of issuance 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 37. 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 34 of part I of chapter 60 of the laws of 2015, 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 S. 6405--A 116 A. 9005--A 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 [$440,000,000] $550,000,000, 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 38. 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 35 of part I of chapter 60 of the laws of 2015, 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 [$469,800,000] $509,600,000, excluding bonds issued to fund one or more debt service reserve funds, to pay costs of issuance of such bonds, and bonds or notes issued to refund or otherwise repay such bonds or notes previously issued, for the purpose of financing improvements to State office buildings and other facilities located statewide, including the reimbursement of any disbursements made from the state capital projects fund. Such bonds and notes of the corporation shall not be a debt of the state, and the state shall not be liable thereon, nor shall they be payable out of any funds other than those appropriated by the state to the corporation for debt service and related expenses pursuant to any service contracts executed pursuant to subdivision (b) of this section, and such bonds and notes shall contain on the face thereof a statement to such effect. S 39. Subdivision 1 of section 386-b of the public authorities law, as amended by section 36 of part I of chapter 60 of the laws of 2015, 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- S. 6405--A 117 A. 9005--A 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] TWO billion [six hundred ninety] SEVEN HUNDRED TWENTY-FIVE million dollars [$1,690,000,000] $2,725,000,000, 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 authori- ty, 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 40. Paragraph (c) of subdivision 19 of section 1680 of the public authorities law, as amended by section 37 of part I of chapter 60 of the laws of 2015, 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 eleven billion [two] SIX hundred [twenty-eight] THREE million dollars; provided, however, that bonds issued or to be issued shall be excluded from such limitation if: (1) such bonds are issued to refund state university construction bonds and state university construction notes previously issued by the housing finance agency; or (2) such bonds are issued to refund bonds of the authority or other obligations issued for state university educational facilities purposes and the present value of the aggregate debt service on the refunding bonds does not exceed the present value of the aggregate debt service on the bonds refunded thereby; provided, further that upon certification by the director of the budget that the issuance of refunding bonds or other obligations issued between April first, nineteen hundred ninety-two and March thirty-first, nineteen hundred ninety-three will generate long term economic benefits to the state, as assessed on a present value basis, such issuance will be deemed to have met the present value test noted above. For purposes of this subdivision, the present value of the aggregate debt service of the refunding bonds and the aggregate debt service of the bonds refunded, shall be calculated by utilizing the true interest cost of the refunding bonds, which shall be that rate arrived at by doubling the semi-annual interest rate (compounded semi-annually) necessary to discount the debt service payments on the refunding bonds from the payment dates thereof to the date of issue of the refunding bonds to the purchase price of the refunding bonds, including interest accrued thereon prior to the issuance thereof. The maturity of such bonds, other than bonds issued to refund outstanding bonds, shall not exceed the weighted average economic life, as certified by the state university construction fund, of the facilities in connection with which the bonds are issued, and in any case not later than the earlier of thirty years or the expiration of the term of any lease, sublease or S. 6405--A 118 A. 9005--A 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 41. Paragraph (c) of subdivision 14 of section 1680 of the public authorities law, as amended by section 38 of part I of chapter 60 of the laws of 2015, 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 [three] FIVE hundred [ninety-two] FORTY-EIGHT million [seven] FOUR hundred [fifty-three] ELEVEN 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 covenanting or making any other agreements with or for the benefit of bondholders which might in any way affect such right. S 42. Subdivision 10-a of section 1680 of the public authorities law, as amended by section 39 of part I of chapter 60 of the laws of 2015, 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 eight hundred [thir- ty-eight] SIXTY-ONE million four hundred [fifty-eight] FIFTY-FOUR thou- sand 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 43. Subdivision 1 of section 17 of part D of chapter 389 of the laws of 1997, relating to the financing of the correctional facilities S. 6405--A 119 A. 9005--A improvement fund and the youth facility improvement fund, as amended by section 41 of part I of chapter 60 of the laws of 2015, is amended to read as follows: 1. Subject to the provisions of chapter 59 of the laws of 2000, but notwithstanding the provisions of section 18 of section 1 of chapter 174 of the laws of 1968, the New York state urban development corporation is hereby authorized to issue bonds, notes and other obligations in an aggregate principal amount not to exceed six hundred [eleven] FORTY-SEV- EN million [two hundred fifteen] SIXTY-FIVE thousand dollars [($611,215,000)] ($647,065,000), 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 six hundred [eleven] FORTY-SEVEN million [two hundred fifteen] SIXTY-FIVE thousand dollars [($611,215,000)] ($647,065,000), only if the present value of the aggre- gate debt service of the refunding or repayment bonds, notes or other obligations to be issued shall not exceed the present value of the aggregate debt service of the bonds, notes or other obligations so to be refunded or repaid. For the purposes hereof, the present value of the aggregate debt service of the refunding or repayment bonds, notes or other obligations and of the aggregate debt service of the bonds, notes or other obligations so refunded or repaid, shall be calculated by utilizing the effective interest rate of the refunding or repayment bonds, notes or other obligations, which shall be that rate arrived at by doubling the semi-annual interest rate (compounded semi-annually) necessary to discount the debt service payments on the refunding or repayment bonds, notes or other obligations from the payment dates ther- eof to the date of issue of the refunding or repayment bonds, notes or other obligations and to the price bid including estimated accrued interest or proceeds received by the corporation including estimated accrued interest from the sale thereof. S 44. 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 42 of part I of chapter 60 of the laws of 2015, 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 S. 6405--A 120 A. 9005--A 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] EIGHT billion [seven hundred twenty-two] TWENTY-ONE 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] EIGHT billion [seven hundred twenty-two] TWENTY-ONE 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 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- S. 6405--A 121 A. 9005--A 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 45. 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 43 of part I of chapter 60 of the laws of 2015, 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 [210] 240 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 [210] 240 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 46. Notwithstanding any other provision of law to the contrary, from the taxes, interest and penalties collected or received by the commis- sioner of taxation and finance in respect of the tax imposed by the city of New York pursuant to the authority of section 1210, 1211, 1212 or 1212-A of the tax law,the comptroller shall pay, as directed in writing by the director of the budget, the sum of $16,666,667 on or before the twelfth day of each month from such taxes, penalties and interest collected or received by such commissioner during the previous month to (i) any issuers of state-related debt for the purposes of paying princi- pal, interest, and related expenses, or for retiring or defeasing bonds previously issued, including any accrued interest or other expenses related thereto, for any state-related bonding program or programs, or to (ii) a governmental fund or funds of the state treasury. The comp- troller shall make the first payment to issuers of state-related debt or the government funds on the twelfth day of May, 2016 from the taxes, penalties and interest collected or received during April 2016 and the last payment on or before the twelfth day of April, 2019 from the taxes, penalties and interest collected or received during March 2019. Provided, however, that in no event shall such payments exceed $200,000,000 in any state fiscal year; and provided further that such payments shall not reduce the reasonable costs of such commissioner under paragraph (b) of section 1261 of the tax law. S. 6405--A 122 A. 9005--A 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, 2016; provided, however, with the exception of item 5 of the miscellaneous category set forth within section two of this act: (a) the provisions of sections one through eight, and sections twelve through twenty of this act shall expire March 31, 2017, when upon such date the provisions of such sections shall be deemed repealed; and (b) the provisions of section forty-six of this act shall expire upon the last payment made by the comptroller pursuant to section forty-six of this act when upon such date the provisions of such section shall be deemed repealed; provided that the state comptroller shall notify the legislative bill drafting commission upon the occurrence of the last payment provided for in section forty-six of this act in order that the commission may maintain an accurate and timely effective database of the official text of the laws of the state of New York in furtherance of effectuating the provisions of section 44 of the legislative law and section 70-b of the public officers law. PART O Section 1. Paragraph 1 of subdivision 2-a of section 19-a of the public lands law, as amended by section 1 of part T of chapter 55 of the laws of 2013, is amended to read as follows: (1) Notwithstanding any provision of this section to the contrary, in addition to state aid otherwise payable pursuant to this section, there shall be payable to any city located in a county in which there has been constructed a state office building project in accordance with the provisions of chapter one hundred fifty-two of the laws of nineteen hundred sixty-four, as amended, and pursuant to an agreement entitled the "South Mall contract" dated May eleventh, nineteen hundred sixty- five, state aid in accordance with the following schedule: State Fiscal Year Amount 2000-2001 $4,500,000 2001-2002 $4,500,000 2002-2003 $4,500,000 2003-2004 $9,850,000 2004-2005 $16,850,000 2005-2006 $22,850,000 2006-2007 $22,850,000 2007-2008 $22,850,000 2008-2009 $22,850,000 2009-2010 $22,850,000 2010-2011 $22,850,000 2011-2012 $15,000,000 2012-2013 $22,850,000 2013-2014 $22,850,000 2014-2015 $15,000,000 2015-2016 $15,000,000 2016-2017 [$15,000,000] $27,500,000 2017-2018 $15,000,000 2018-2019 $15,000,000 2019-2020 $15,000,000 2020-2021 $15,000,000 2021-2022 $15,000,000 S. 6405--A 123 A. 9005--A 2022-2023 $15,000,000 2023-2024 $15,000,000 2024-2025 $15,000,000 2025-2026 $15,000,000 2026-2027 $15,000,000 2027-2028 $15,000,000 2028-2029 $15,000,000 2029-2030 $15,000,000 2030-2031 $15,000,000 2031-2032 [$7,150,000] $1,800,000 [2032-2033 $7,150,000] S 2. This act shall take effect immediately and shall be deemed to have been in full force and effect on and after April 1, 2016. PART P Section 1. Subdivision 1 of section 483-a of the real property tax law, as amended by chapter 272 of the laws of 2013, is amended to read as follows: 1. [Structures] THE FOLLOWING STRUCTURES permanently affixed to agri- cultural land SHALL BE EXEMPT FROM TAXATION, SPECIAL AD VALOREM LEVIES AND SPECIAL ASSESSMENTS: (A) STRUCTURES for the purpose of preserving and storing forage in edible condition; (B) farm feed grain storage bins; (C) commodity sheds; (D) BULK MILK TANKS AND COOLERS USED TO HOLD MILK AWAITING SHIPMENT TO MARKET; AND (E) manure storage, handling and treatment facilities, including composting [or anaerobic digestion] of agricultural materials, such as livestock manure and farming wastes, food residuals or other organic wastes associated with food production or consumption with at least fifty percent by weight of its feedstock on an annual basis being livestock manure, farming wastes and crops grown specifically for use as [anaerobic digestion or] composting feedstock [and including any equipment necessary to the process of producing, collecting, storing, cleaning and converting biogas into forms of energy and transporting biogas or energy on-site; and bulk milk tanks and cool- ers used to hold milk awaiting shipment to market shall be exempt from taxation, special ad valorem levies and special assessments]. "Food residuals" means organic material, including, but not limited to, food scraps, food processing residue, and related soiled or unrecyclable paper used in food packaging, preparation or cleanup. S 2. The real property tax law is amended by adding a new section 483-e to read as follows: S 483-E. ANAEROBIC DIGESTION FACILITIES. 1. STRUCTURES PERMANENTLY AFFIXED TO LAND FOR THE PURPOSE OF ANAEROBIC DIGESTION OF AGRICULTURAL MATERIALS, INCLUDING STRUCTURES NECESSARY FOR THE STORAGE AND HANDLING OF THE AGRICULTURAL MATERIALS THAT ARE PART OF THE DIGESTION PROCESS, TOGETHER WITH ANY EQUIPMENT NECESSARY FOR PRODUCING, COLLECTING, STOR- ING, CLEANING AND CONVERTING BIOGAS INTO FORMS OF ENERGY AND GENERATION, TRANSMISSION, TRANSPORTING, USE OF AND/OR THE SALE OF BIOGAS OR ENERGY ON-SITE, OFF-SITE, AND/OR PURSUANT TO AN INTERCONNECTION AGREEMENT WITH A UTILITY; SHALL BE EXEMPT FROM TAXATION, SPECIAL AD VALOREM LEVIES AND SPECIAL ASSESSMENTS. "AGRICULTURAL MATERIALS" INCLUDES, BUT IS NOT LIMITED TO, LIVESTOCK MANURE, FARMING WASTES AND FOOD RESIDUALS AND OTHER ORGANIC WASTES ASSOCIATED WITH FOOD PRODUCTION OR CONSUMPTION WITH AT LEAST FIFTY PERCENT BY WEIGHT OF ITS FEEDSTOCK ON AN ANNUAL BASIS BEING LIVESTOCK MANURE, FARMING WASTES AND CROPS GROWN SPECIFICALLY FOR USE AS ANAEROBIC DIGESTION FEEDSTOCK. "FOOD RESIDUALS" MEANS ORGANIC S. 6405--A 124 A. 9005--A MATERIAL, INCLUDING, BUT NOT LIMITED TO, FOOD SCRAPS, FOOD PROCESSING RESIDUE, AND RELATED SOILED OR UNRECYCLABLE PAPER USED IN FOOD PACKAG- ING, PREPARATION OR CLEANUP. 2. THE EXEMPTION PROVIDED BY SUBDIVISION ONE OF THIS SECTION SHALL ONLY BE GRANTED UPON THE APPLICATION OF THE OWNER OF THE PROPERTY UPON WHICH SUCH STRUCTURES ARE LOCATED, ON A FORM TO BE PRESCRIBED BY THE COMMISSIONER. SUCH APPLICATION SHALL BE FILED ON OR BEFORE THE APPROPRI- ATE TAXABLE STATUS DATE WITH THE ASSESSOR OF THE MUNICIPALITY HAVING THE POWER TO ASSESS REAL PROPERTY. ONCE AN EXEMPTION IS GRANTED, NO RENEWAL THEREOF SHALL BE NECESSARY. S 3. Subdivision 2 of section 487 of the real property tax law, as amended by chapter 515 of the laws of 2002, is amended to read as follows: 2. Real property which includes a solar or wind energy system or farm waste energy system approved in accordance with the provisions of this section shall be exempt from taxation to the extent of any increase in the value thereof by reason of the inclusion of such solar or wind ener- gy system or farm waste energy system for a period of fifteen years. When a solar or wind energy system or components thereof or farm waste energy system also serve as part of the building structure, the increase in value which shall be exempt from taxation shall be equal to the assessed value attributable to such system or components multiplied by the ratio of the incremental cost of such system or components to the total cost of such system or components. THE EXEMPTION PROVIDED BY THIS SECTION IS INAPPLICABLE TO ANY STRUCTURE THAT SATISFIES THE REQUIREMENTS FOR EXEMPTION UNDER SECTION FOUR HUNDRED EIGHTY-THREE-E OF THIS TITLE. S 4. This act shall take effect immediately and shall apply to assess- ment rolls based on taxable status dates occurring on and after March 1, 2013; provided, that an application for the exemption on the 2013 assessment roll shall be considered timely if filed on or before March 1, 2017; and provided further, that in the event such application should be denied, administrative and judicial review shall be available in the same manner and to the same extent as if the application had been for an exemption on the 2017 assessment roll; provided, however, that the amendments made by section three of this act shall not apply to any exemption from taxation for a farm waste energy system that was granted pursuant to real property tax law section four hundred eighty-seven prior to such effective date. 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 P of this act shall be as specifically set forth in the last section of such Parts.
2015-S6405B - Details
- See Assembly Version of this Bill:
- A9005
- Law Section:
- Budget Bills
- Laws Affected:
- Amd Various Laws, generally
2015-S6405B - Summary
Enacts into law major components of legislation necessary to implement the state public protection and general government budget for the 2016-2017 state fiscal year; intentionally omitted (Part A); amends 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, in relation to the effectiveness thereof (Part B); amends the tax law, in relation to suspending the transfer of monies into the emergency services revolving loan fund from the public safety communications account (Part C)
2015-S6405B - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 6405--B I N S E N A T E January 14, 2016 ___________ A BUDGET BILL, submitted by the Governor pursuant to article seven of the Constitution -- read twice and ordered printed, and when printed to be committed to the Committee on Finance -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT intentionally omitted (Part A); intentionally omitted (Part B); to amend the tax law, in relation to suspending the transfer of monies into the emergency services revolving loan fund from the public safety communications account (Part C); to amend the executive law, in relation to establishing the bureau of criminal investigation (BCI), the bureau of counterterrorism and intelligence (BCTI), and the bureau of cyber security (BCS) under the division of state police, in relation to salary schedules of individuals in the new bureaus, in relation to appointment of individuals to bureaus (Subpart A); to amend the executive law, in relation to the office of counterterror- ism, intelligence and cyber security (Subpart B); to amend the execu- tive law, the correction law, the penal law, and the state finance law, in relation to the establishment of the New York state terrorist registry (Subpart C); to amend the executive law, in relation to a cyber security report (Subpart D); to amend the executive law, in relation to a cyber security initiative (Subpart E); to amend the penal law and the state technology law, in relation to the personal information protection act (Subpart F); to amend the Iran divestment act of 2012, the state finance law, and chapter 481 of the laws of 2013 amending the insurance law relating to investments in foreign states sponsoring terrorism, in relation to the divestment of Iran; and to repeal certain provisions of the insurance law relating thereto (Subpart G); Intentionally omitted (Subpart H); and to amend the exec- utive law and the general municipal law, in relation to creating the NY Cares Act (Subpart I); and relating to the transfer of state police civilian personnel (Subpart J)(Part D); to amend chapter 268 of the laws of 1996, amending the education law and the state finance law relating to providing a recruitment incentive and retention program for certain active members of the New York army national guard, New York air national guard, and New York naval militia, in relation to the effectiveness of such chapter (Part E); to amend chapter 83 of the EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted. LBD12670-04-6 S. 6405--B 2 laws of 1995 amending the state finance law and other laws relating to bonds, notes, and revenues, in relation to extending certain provisions thereof; and to amend chapter 1 of the laws of 2005 amend- ing the state finance law relating to restricting contacts in the procurement process and the recording of contacts relating thereto, in relation to extending certain provisions thereof (Part F); inten- tionally omitted (Part G); to amend the workers' compensation law and the insurance law, in relation to provide paid family leave benefits; and to repeal sections 223 and 224 of the workers' compensation law, relating to disability benefits (Part H); intentionally omitted (Part I); intentionally omitted (Part J); intentionally omitted (Part K); to amend the civil service law, in relation to the expiration of public arbitration panels (Part L); to amend the state finance law, in relation to the dedicated infrastructure investment fund (Part M); intentionally omitted (Part N); intentionally omitted (Part O); inten- tionally omitted (Part P); to amend the retirement and social security law, in relation to providing credit to members of public retirement systems of the state for military service; and making an appropriation therefor (Part Q); to amend the correction law, in relation to parole violators (Part R); to amend the correction law, in relation to duties of certain parole officers (Part S); to amend the penal law, in relation to authorizing the sale and possession of sparkling devices outside of cities with a population of one million or more (Part T); to amend the penal law, in relation to assault on a member of the military or reserves and to murder in the first degree (Part U); to amend the penal law and the correction law, in relation to establish- ing "Brittany's law" (Part V); to amend the penal law, in relation to establishing the crimes of failure to register or verify as a domestic abuse offender in the first and second degrees; to amend the correction law, in relation to enacting "Danielle DiMedici, Jessica Tush and Brittany Passalacqua's Law"; and to amend the criminal proce- dure law, in relation to domestic abuse offenders (Part W); to direct the commissioner of general services and the commissioner of the office for people with developmental disabilities to study and report on the most appropriate uses of the J.N. Adam developmental center (Part X); authorizing the commissioner of general services to convey real property at the St. Lawrence psychiatric center to the city of Ogdensburg (Part Y); to amend the volunteer firefighters' benefit law, in relation to the expansion of coverage to include cancer of the digestive, hematological, lymphatic, urinary, prostate, neurological, breast and reproductive systems; and providing for the repeal of such provisions upon expiration thereof (Part Z); to amend the volunteer firefighters' benefit law, in relation to the payment of benefits (Part AA); to amend the local finance law, in relation to refunding bonds issued by a municipality authorized to create a community pres- ervation fund (Part BB); to amend the state finance law, in relation to the sharing of revenue from gaming devices located within the coun- ty of Niagara; and to amend chapter 747 of the laws of 2006 amending the state finance law, relating to the tribal-state compact revenue account, in relation to extending the effectiveness thereof (Part CC); to amend the workers' compensation law, in relation to benefits paya- ble from the uninsured employers' fund to volunteers who participated in the World Trade Center rescue (Part DD); to amend the banking law, in relation to community reinvestment evaluations (Part EE); to amend the banking law, in relation to examinations (Part FF); to amend the banking law, in relation to deposits under the community bank deposit S. 6405--B 3 program (Part GG); to amend the banking law, in relation to community bank service corporations (Part HH); to amend the general municipal law, in relation to creating a state-wide, uniform, minimum accidental disability benefit of three-quarters of final average salary for all police officers (Part II); and to amend the administrative code of the city of New York and the retirement and social security law, in relation to the disability benefits of members of the New York city fire pension funds and the disability benefits of sanitation and correction members and uniformed court officers of the New York city employees' retirement system (Part JJ) 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 2016-2017 state fiscal year. Each component is wholly contained within a Part identified as Parts A through JJ. 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 Intentionally Omitted PART B Intentionally Omitted PART C Section 1. Paragraph (b) of subdivision 6 of section 186-f of the tax law, as amended by section 1 of part D of chapter 55 of the laws of 2014, is amended to read as follows: (b) The sum of one million five hundred thousand dollars must be deposited into the New York state emergency services revolving loan fund annually; provided, however, that such sums shall not be deposited for state fiscal years two thousand eleven--two thousand twelve, two thou- sand twelve--two thousand thirteen, two thousand fourteen--two thousand fifteen [and], two thousand fifteen--two thousand sixteen, TWO THOUSAND SIXTEEN--TWO THOUSAND SEVENTEEN AND TWO THOUSAND SEVENTEEN--TWO THOUSAND EIGHTEEN; S 2. This act shall take effect immediately. PART D Section 1. This act enacts into law major components of legislation in relation to homeland security. Each component is wholly contained within a Subpart identified as Subparts A through J. The effective date for each particular provision contained within such Subpart is set forth in S. 6405--B 4 the last section of such Subpart. Any provision in any section contained within a Subpart, including the effective date of the Subpart, which makes a reference to a section "of this act", when used in connection with that particular component, shall be deemed to mean and refer to the corresponding section of the Subpart in which it is found. Section three of this act sets forth the general effective date of this act. SUBPART A Section 1. Section 210 of the executive law is amended by adding a new closing paragraph to read as follows: IN ADDITION TO ALL OTHER OPERATIONS AND FUNCTIONS OF THE DIVISION OF STATE POLICE, IT SHALL ALSO CONTAIN THREE BUREAUS TO ADDRESS SPECIFIC OPERATIONS AND FUNCTIONS WITHIN THE STATE OF NEW YORK. SUCH BUREAUS SHALL INCLUDE, THE BUREAU OF CRIMINAL INVESTIGATION (BCI), THE BUREAU OF COUNTERTERRORISM AND INTELLIGENCE (BCTI), AND THE BUREAU OF CYBER SECU- RITY (BCS). S 2. Subparagraphs 6, 7 and 9 of paragraph a of subdivision 1 of section 215 of the executive law, as amended by chapter 21 of the laws of 1996, are amended to read as follows: (6) [one counsel] THREE DEPUTY SUPERINTENDENT BUREAU COMMANDERS, ONE OF WHOM SHALL BE ASSIGNED TO THE BUREAU OF CRIMINAL INVESTIGATION, ONE OF WHOM SHALL BE ASSIGNED TO THE BUREAU OF COUNTERTERRORISM AND INTELLI- GENCE, AND ONE OF WHOM SHALL BE ASSIGNED TO THE BUREAU OF CYBER SECURITY; (7) [seven] SIX assistant deputy superintendents, one of whom shall be assigned to the uniform force, [one to the bureau of criminal investi- gation,] two for administrative services, one for employee relations, training and human resources, and two who shall serve as deputy chief inspectors; (9) ONE COUNSEL, AND one first assistant counsel and such assistant counsels and staff attorneys as the [superintendant] SUPERINTENDENT may appoint; S 3. Subparagraph 1 of paragraph b of subdivision 1 of section 215 of the executive law, as amended by chapter 21 of the laws of 1996, is amended to read as follows: (1) [one major] FOUR MAJORS, NOT LESS THAN ONE OF EACH SHALL BE ASSIGNED TO EACH OF THE BUREAUS OF THE STATE POLICE; S 4. The opening paragraph of paragraph a of subdivision 2 of section 215 of the executive law, as added by chapter 69 of the laws of 2009, is amended to read as follows: Salary schedules for the titles of trooper, sergeant, technical sergeant, station commander, zone sergeant, first sergeant, staff sergeant, chief technical sergeant, lieutenant, technical lieutenant, lieutenant BCI, LIEUTENANT BCTI, LIEUTENANT BCS, captain, captain BCI, CAPTAIN BCTI, CAPTAIN BCS, and major, MAJOR BCI, MAJOR BCTI, AND MAJOR BCS: S 5. Subparagraphs 7 and 8 of paragraph a of subdivision 2 of section 215 of the executive law, as added by chapter 235 of the laws of 2015, are amended to read as follows: (7) Effective April first, two thousand sixteen, members of the collective negotiating unit consisting of commissioned and non-commis- sioned officers in the division of state police shall receive a basic annual salary pursuant to the following schedule: Orange, City of New Nassau and All Other Putnam and York, Rockland Suffolk Locations S. 6405--B 5 Dutchess and Westchester Counties Counties Counties Sergeant and Technical Sergeant $105,650 $106,776 $107,071 $105,441 Station Commander $109,064 $110,190 $110,485 $108,857 Zone Sergeant $110,806 $111,927 $112,222 $110,596 First, Staff and Chief T/ Sgt $116,506 $117,629 $117,924 $116,296 Lieutenant and Technical Lieutenant $126,258 $127,381 $127,676 $126,050 Lieutenant BCI LIEUTENANT BCTI AND LIEUTENANT $128,731 $129,855 $130,150 $128,520 BCS Captain $134,650 $135,774 $136,072 $134,441 Captain BCI CAPTAIN BCTI AND CAPTAIN BCS $137,161 $138,282 $138,578 $136,949 Major $143,475 $144,599 $144,894 $143,264 MAJOR BCI MAJOR BCTI AND MAJOR $146,475 $147,599 $147,894 $146,264 BCS (8) Effective April first, two thousand seventeen, members of the collective negotiating unit consisting of commissioned and non-commis- sioned officers in the division of state police shall receive a basic annual salary pursuant to the following schedule: Orange, City of New Nassau and All Other Putnam and York, Rockland Suffolk Locations Dutchess and Westchester Counties Counties Counties Sergeant and Technical Sergeant $107,235 $108,378 $108,677 $107,023 Station Commander $110,700 $111,843 $112,142 $110,490 Zone Sergeant $112,468 $113,606 $113,905 $112,255 First, Staff and Chief T/ Sgt $118,254 $119,393 $119,693 $118,040 Lieutenant and S. 6405--B 6 Technical Lieutenant $128,152 $129,292 $129,591 $127,941 Lieutenant BCI LIEUTENANT BCTI AND LIEUTENANT BCS $130,662 $131,803 $132,102 $130,448 Captain $136,670 $137,811 $138,113 $136,458 Captain BCI CAPTAIN BCTI AND CAPTAIN BCS $139,218 $140,356 $140,657 $139,003 Major $145,627 $146,768 $147,067 $145,413 MAJOR BCI MAJOR BCTI AND MAJOR BCS $148,627 $149,768 $150,067 $148,413 S 6. Subdivision 3 of section 215 of the executive law, as amended by chapter 478 of the laws of 2004, is amended to read as follows: 3. The sworn members of the New York state police shall be appointed by the superintendent and permanent appointees may be removed by the superintendent only after a hearing. No person shall be appointed to the New York state police force as a sworn member unless he or she shall be a citizen of the United States, between the ages of twenty-one and twen- ty-nine years except that in the superintendent's discretion, the maxi- mum age may be extended to thirty-five years. Notwithstanding any other provision of law or any general or special law to the contrary the time spent on military duty, not exceeding a total of six years, shall be subtracted from the age of any applicant who has passed his or her twen- ty-ninth birthday, solely for the purpose of permitting qualification as to age and for no other purpose. Such limitations as to age however shall not apply to persons appointed to the positions of counsel, first assistant counsel, assistant counsel, and assistant deputy superinten- dent for employee relations nor to any person appointed to the bureau of criminal investigation, THE BUREAU OF COUNTERTERRORISM AND INTELLIGENCE, OR THE BUREAU OF CYBER SECURITY, pursuant to section two hundred sixteen of this article nor shall any person be appointed unless he or she has fitness and good moral character and shall have passed a physical and mental examination based upon standards provided by the rules and regu- lations of the superintendent. Appointments shall be made for a proba- tionary period which, in the case of appointees required to attend and complete a basic training program at the state police academy, shall include such time spent attending the basic school and terminate one year after successful completion thereof. All other sworn members shall be subject to a probationary period of one year from the date of appointment. Following satisfactory completion of the probationary peri- od the member shall be a permanent appointee. Voluntary resignation or withdrawal from the New York state police during such appointment shall be submitted to the superintendent for approval. Reasonable time shall be required to account for all equipment issued or for debts or obli- gations to the state to be satisfied. Resignation or withdrawal from the division during a time of emergency, so declared by the governor, shall not be approved if contrary to the best interest of the state and shall be a misdemeanor. No sworn member removed from the New York state police shall be eligible for reappointment. The superintendent shall make rules S. 6405--B 7 and regulations subject to approval by the governor for the discipline and control of the New York state police and for the examination and qualifications of applicants for appointment as members thereto and such examinations shall be held and conducted by the superintendent subject to such rules and regulations. The superintendent is authorized to charge a fee of twenty dollars as an application fee for any person applying to take a competitive examination for the position of trooper, and a fee of five dollars for any competitive examination for a civilian position. The superintendent shall promulgate regulations subject to the approval of the director of the budget, to provide for a waiver of the application fee when the fee would cause an unreasonable hardship on the applicant and to establish a fee schedule and charge fees for the use of state police facilities. S 7. Section 216 of the executive law, as amended by chapter 128 of the laws of 1968, subdivision 2 as added by chapter 335 of the laws of 1969 and paragraph (a) of subdivision 2 as added by chapter 70 of the laws of 2009, is amended to read as follows: S 216. [Bureau of criminal investigation] BUREAUS OF THE STATE POLICE. 1. THE DIVISION OF STATE POLICE SHALL CONTAIN THREE BUREAUS TO ADDRESS SPECIFIC OPERATIONS AND FUNCTIONS WITHIN THE STATE OF NEW YORK. SUCH BUREAUS SHALL INCLUDE, THE BUREAU OF CRIMINAL INVESTIGATION (BCI), THE BUREAU OF COUNTERTERRORISM AND INTELLIGENCE (BCTI), AND THE BUREAU OF CYBER SECURITY (BCS). 2. BUREAU OF CRIMINAL INVESTIGATION. A. ESTABLISHMENT. The superinten- dent [may] SHALL ESTABLISH AND continue, within the New York state police, a bureau of criminal investigation and assign to it members of the New York state police in such numbers and appoint to it such inves- tigative specialists, AND SUCH OTHER EMPLOYEES in such numbers as may be required for the purpose of [preventing, investigating and detecting] SUCH BUREAU. B. PURPOSE. IT SHALL BE THE PURPOSE OF THE BUREAU OF CRIMINAL INVESTI- GATION TO PREVENT, INVESTIGATE AND DETECT violations of the criminal laws of the state, and [conducting] TO CONDUCT such other investigations as may be DIRECTED BY THE SUPERINTENDENT, OR AS MAY BE provided for by law. C. CLASSIFICATION AND APPOINTMENT. Members of the New York state police assigned to the bureau of criminal investigation and investi- gative specialists appointed to the bureau by the superintendent shall be classified as [(a)] (I) investigators; [(b)] (II) senior investi- gators; [(c)] (III) lieutenants; [(d)] (IV) captains; (V) MAJORS; provided, however, that investigative specialists appointed to the bureau of criminal investigation may be appointed as investigators or senior investigators at salaries to be determined by the superintendent with the approval of the director of the budget within the range from minimum to maximum provided for in this section for the positions to which appointments are made. Investigative specialists appointed to the bureau of criminal investigation shall be deemed to be members of the New York state police upon the filing by them of the constitutional oath of office, but shall not be eligible for transfer to the uniform force unless otherwise qualified under section two hundred fifteen of this article. D. CIVILIAN APPOINTMENTS. The superintendent may employ, from time to time, within the appropriation, such skilled experts, scientists, tech- nicians or other specially qualified persons as he deems necessary to aid the bureau OF CRIMINAL INVESTIGATION and the New York state police TO FULFILL THE PURPOSE OF THIS SUBDIVISION, AND/OR in preventing or S. 6405--B 8 detecting crime, apprehending criminals, or preparing and presenting evidence of violations of the criminal laws of the state. E. ASSIGNMENT OF BUREAU PERSONNEL. Upon request of the head of any state department, or of any police agency or of any district attorney within the state, the superintendent may assign to such requesting authority members of the state police, OR CIVILIAN APPOINTMENTS, attached to the bureau of criminal investigation in such numbers and for such periods of time as he may deem necessary for the purpose of inves- tigating and detecting felonies committed within the state. Members of the state police, OR CIVILIAN APPOINTMENTS, assigned or appointed to the bureau of criminal investigation are empowered to cooperate with depart- ments of the United States government in the investigation of violations of the federal laws of the grade of felony within this state. F. OFFICES OF THE BUREAU OF CRIMINAL INVESTIGATION. The superintendent may, from time to time, establish headquarters or stations in such localities of the state as he shall deem most suitable for the efficient operation of the bureau of criminal investigation. [2. a.] G. Salary schedules for investigators, senior investigators, and investigative specialists in the division of state police. (1) Effective April first, two thousand seven, members assigned to the bureau of criminal investigation and investigative specialists appointed to the bureau by the superintendent, shall receive a basic annual salary pursuant to the following schedule: Senior Investigator Investigator Nassau and Suffolk $82,698 $86,898 New York City, Rockland, Westchester $82,444 $86,646 Orange, Putnam, Dutchess $81,479 $85,680 All other locations $81,300 $85,500 (2) Effective April first, two thousand eight, members assigned to the bureau of criminal investigation and investigative specialists appointed to the bureau by the superintendent, shall receive a basic annual salary pursuant to the following schedule: Senior Investigator Investigator Nassau and Suffolk $85,179 $89,505 New York City, Rockland, Westchester $84,917 $89,245 Orange, Putnam, Dutchess $83,923 $88,250 All other locations $83,739 $88,065 (3) Effective April first, two thousand nine, members assigned to the bureau of criminal investigation and investigative specialists appointed to the bureau by the superintendent, shall receive a basic annual salary pursuant to the following schedule: Senior Investigator Investigator Nassau and Suffolk $87,734 $92,190 New York City, Rockland, Westchester $87,465 $91,922 Orange, Putnam, Dutchess $86,441 $90,898 All other locations $86,251 $90,707 (4) Effective April first, two thousand ten, members assigned to the bureau of criminal investigation and investigative specialists appointed to the bureau by the superintendent, shall receive a basic annual salary pursuant to the following schedule: Senior Investigator Investigator Nassau and Suffolk $91,243 $95,878 S. 6405--B 9 New York City, Rockland, Westchester $90,964 $95,599 Orange, Putnam, Dutchess $89,899 $94,534 All other locations $89,701 $94,335 (5) Effective March thirty-first, two thousand eleven, members assigned to the bureau of criminal investigation and investigative specialists appointed to the bureau by the superintendent, shall receive a basic annual salary pursuant to the following schedule: Senior Investigator Investigator Nassau and Suffolk $106,157 $95,878 New York City, Rockland, Westchester $105,878 $95,599 Orange, Putnam, Dutchess $104,813 $94,534 All other locations $104,615 $94,335 3. BUREAU OF COUNTERTERRORISM AND INTELLIGENCE. A. ESTABLISHMENT. THE SUPERINTENDENT SHALL ESTABLISH AND CONTINUE, WITHIN THE NEW YORK STATE POLICE, A BUREAU OF COUNTERTERRORISM AND INTELLIGENCE AND ASSIGN TO IT MEMBERS OF THE NEW YORK STATE POLICE IN SUCH NUMBERS AND APPOINT TO IT SUCH COUNTERTERRORISM AND INTELLIGENCE SPECIALISTS, AND OTHER EMPLOYEES IN SUCH NUMBERS AS MAY BE REQUIRED FOR THE PURPOSE OF SUCH BUREAU. B. PURPOSE. IT SHALL BE THE PURPOSE OF THE BUREAU OF COUNTERTERRORISM AND INTELLIGENCE TO COLLECT, ANALYZE AND SHARE INFORMATION RELATING TO TERRORIST THREATS, TERRORIST ACTIVITIES, AND TERRORIST ATTACKS THROUGH- OUT THE STATE, AND TO CONDUCT INVESTIGATIONS NECESSARY TO PREVENT, INVESTIGATE, DETECT AND RESPOND TO TERRORIST THREATS, TERRORIST ACTIV- ITIES, AND TERRORIST ATTACKS THROUGHOUT THE STATE, TOGETHER WITH THE CONDUCT OF SUCH OTHER INVESTIGATIONS AS MAY BE DIRECTED BY THE SUPER- INTENDENT, OR AS MAY BE PROVIDED FOR BY LAW. C. CLASSIFICATION AND APPOINTMENT. MEMBERS OF THE NEW YORK STATE POLICE ASSIGNED TO THE BUREAU OF CRIMINAL COUNTERTERRORISM AND INTELLI- GENCE, AND INTELLIGENCE SPECIALISTS APPOINTED TO THE BUREAU BY THE SUPERINTENDENT, SHALL BE CLASSIFIED AS (I) INTELLIGENCE SPECIALISTS; (II) SENIOR INTELLIGENCE SPECIALISTS; (III) LIEUTENANTS; (IV) CAPTAINS; (V) MAJORS; PROVIDED, HOWEVER, THAT INTELLIGENCE SPECIALISTS APPOINTED TO THE BUREAU OF COUNTERTERRORISM AND INTELLIGENCE MAY BE APPOINTED AS INTELLIGENCE SPECIALISTS OR SENIOR INTELLIGENCE SPECIALISTS AT SALARIES TO BE DETERMINED BY THE SUPERINTENDENT WITH THE APPROVAL OF THE DIRECTOR OF THE BUDGET WITHIN THE RANGE FROM MINIMUM TO MAXIMUM PROVIDED FOR IN THIS SECTION FOR THE POSITIONS TO WHICH APPOINTMENTS ARE MADE. INTELLI- GENCE SPECIALISTS APPOINTED TO THE BUREAU OF COUNTERTERRORISM AND INTEL- LIGENCE SHALL BE DEEMED TO BE MEMBERS OF THE NEW YORK STATE POLICE UPON THE FILING BY THEM OF THE CONSTITUTIONAL OATH OF OFFICE, BUT SHALL NOT BE ELIGIBLE FOR TRANSFER TO THE UNIFORM FORCE UNLESS OTHERWISE QUALIFIED UNDER SECTION TWO HUNDRED FIFTEEN OF THIS ARTICLE. D. CIVILIAN APPOINTMENTS. THE SUPERINTENDENT MAY EMPLOY, FROM TIME TO TIME, WITHIN THE APPROPRIATION, SUCH SKILLED EXPERTS, SCIENTISTS, ANALYSTS, TECHNICIANS OR OTHER SPECIALLY QUALIFIED PERSONS AS HE DEEMS NECESSARY TO AID THE BUREAU OF COUNTERTERRORISM AND INTELLIGENCE AND THE NEW YORK STATE POLICE TO FULFILL THE PURPOSE OF THIS SUBDIVISION, AND/OR TO COLLECT, ANALYZE AND SHARE INFORMATION RELATING TO TERRORIST THREATS, TERRORIST ACTIVITIES, AND TERRORIST ATTACKS THROUGHOUT THE STATE, AND TO CONDUCT INVESTIGATIONS NECESSARY TO PREVENT, INVESTIGATE, DETECT AND RESPOND TO TERRORIST THREATS, TERRORIST ACTIVITIES, AND TERRORIST ATTACKS THROUGHOUT THE STATE, AND/OR TO CONDUCT SUCH OTHER INVESTI- GATIONS AS MAY BE DIRECTED BY THE SUPERINTENDENT, OR AS MAY BE PROVIDED FOR BY LAW. S. 6405--B 10 E. ASSIGNMENT OF BUREAU PERSONNEL. UPON REQUEST OF THE HEAD OF ANY STATE DEPARTMENT, OR OF ANY POLICE AGENCY, OR OF ANY DISTRICT ATTORNEY WITHIN THE STATE, OR UPON REQUEST OF THE SECRETARY OF THE UNITED STATES DEPARTMENT OF HOMELAND SECURITY, THE ATTORNEY GENERAL OF THE UNITED STATES, THE DIRECTOR OF THE FEDERAL BUREAU OF INVESTIGATION, THE OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE, THE DIRECTOR OF THE CENTRAL INTELLIGENCE AGENCY, OR THE SECRETARY OF THE DEPARTMENT OF DEFENSE, THE SUPERINTENDENT MAY ASSIGN TO SUCH REQUESTING AUTHORITY MEMBERS OF THE STATE POLICE, OR CIVILIAN APPOINTMENTS, ATTACHED TO THE BUREAU OF COUN- TERTERRORISM AND INTELLIGENCE IN SUCH NUMBERS AND FOR SUCH PERIODS OF TIME AS HE MAY DEEM NECESSARY TO FACILITATE THE PURPOSE OF THE BUREAU OF COUNTERTERRORISM AND INTELLIGENCE. MEMBERS OF THE STATE POLICE, OR CIVILIAN APPOINTMENTS, ASSIGNED OR APPOINTED TO THE BUREAU OF COUNTER- TERRORISM AND INTELLIGENCE ARE EMPOWERED TO COOPERATE WITH DEPARTMENTS, DIVISIONS, AGENCIES AND OFFICES OF THE GOVERNMENT OF THE STATE OF NEW YORK, AND/OR ITS LOCAL SUBDIVISIONS THEREOF, AND/OR THE GOVERNMENT OF THE UNITED STATES TO FACILITATE THE PURPOSE OF THE BUREAU OF COUNTERTER- RORISM AND INTELLIGENCE. F. SHARING OF INTELLIGENCE INFORMATION. THE BUREAU OF COUNTERTERRORISM AND INTELLIGENCE SHALL SHARE COUNTERTERRORISM, INTELLIGENCE AND INVESTI- GATION INFORMATION WITH, AND MAY RECEIVE COUNTERTERRORISM, INTELLIGENCE, AND INVESTIGATION INFORMATION FROM, THE DIVISION OF HOMELAND SECURITY AND EMERGENCY SERVICES, LOCAL LAW ENFORCEMENT ENTITIES, THE UNITED STATES DEPARTMENT OF HOMELAND SECURITY, THE UNITED STATES DEPARTMENT OF JUSTICE, THE FEDERAL BUREAU OF INVESTIGATION, THE CENTRAL INTELLIGENCE AGENCY, THE OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE, THE UNITED STATES DEPARTMENT OF DEFENSE, AND ANY OTHER FEDERAL, STATE OR LOCAL ENTITY THAT THE SUPERINTENDENT DEEMS PRUDENT FOR THE PURPOSE OF FULFILL- ING THE PURPOSE OF THE BUREAU. SUCH INTELLIGENCE AND COUNTERTERRORISM INFORMATION AND INVESTIGATIONS SHALL BE SHARED, AND MAY BE RECEIVED, PURSUANT TO SECURITY PROTOCOLS DEVELOPED BETWEEN THE BUREAU AND THE ENTITY WITH WHICH SUCH INFORMATION AND/OR INVESTIGATIONS ARE SHARED OR FROM WHICH SUCH INFORMATION AND/OR INVESTIGATIONS ARE RECEIVED. G. OPERATION OF THE NEW YORK STATE INTELLIGENCE CENTER. THE BUREAU OF COUNTERTERRORISM AND INTELLIGENCE SHALL BE RESPONSIBLE FOR THE MANAGE- MENT AND OPERATION OF THE NEW YORK STATE INTELLIGENCE CENTER (NYSIC). SUCH NEW YORK STATE INTELLIGENCE CENTER SHALL SERVE AS THE NEW YORK STATE FUSION CENTER, AND SHALL BRING TOGETHER FEDERAL, STATE AND LOCAL AGENCIES TO ANALYZE AND SHARE INFORMATION RELATED TO TERRORISM AND OTHER CRIMES. H. OFFICES OF THE BUREAU OF COUNTERTERRORISM AND INTELLIGENCE. THE SUPERINTENDENT MAY, FROM TIME TO TIME, ESTABLISH HEADQUARTERS OR STATIONS IN SUCH LOCALITIES OF THE STATE AS HE SHALL DEEM MOST SUITABLE FOR THE EFFICIENT OPERATION OF THE BUREAU OF COUNTERTERRORISM AND INTEL- LIGENCE. I. SALARY SCHEDULES FOR INTELLIGENCE SPECIALISTS AND SENIOR INTELLI- GENCE SPECIALISTS IN THE DIVISION OF STATE POLICE. EFFECTIVE APRIL FIRST, TWO THOUSAND SIXTEEN, MEMBERS ASSIGNED TO THE BUREAU OF COUNTER- TERRORISM AND INTELLIGENCE, AND INTELLIGENCE SPECIALISTS APPOINTED TO THE BUREAU BY THE SUPERINTENDENT, SHALL RECEIVE A BASIC ANNUAL SALARY PURSUANT TO THE FOLLOWING SCHEDULE: SENIOR INTELLIGENCE INTELLIGENCE SPECIALIST SPECIALIST NASSAU AND SUFFOLK $106,157 $95,878 NEW YORK CITY, ROCKLAND, WESTCHESTER $105,878 $95,599 S. 6405--B 11 ORANGE, PUTNAM, DUTCHESS $104,813 $94,534 ALL OTHER LOCATIONS $104,615 $94,335 4. BUREAU OF CYBER SECURITY. A. ESTABLISHMENT. THE SUPERINTENDENT SHALL ESTABLISH AND CONTINUE, WITHIN THE NEW YORK STATE POLICE, A BUREAU OF CYBER SECURITY AND ASSIGN TO IT MEMBERS OF THE NEW YORK STATE POLICE IN SUCH NUMBERS AND APPOINT TO IT SUCH CYBER SECURITY SPECIALISTS, AND OTHER EMPLOYEES IN SUCH NUMBERS AS MAY BE REQUIRED FOR THE PURPOSE OF SUCH BUREAU. B. PURPOSE. IT SHALL BE THE PURPOSE OF THE BUREAU OF CYBER SECURITY TO: (I) PROTECT THE STATE'S CYBER SECURITY INFRASTRUCTURE, INCLUDING, BUT NOT LIMITED TO: (1) IDENTIFYING AND MITIGATING COMPUTER, NETWORK AND SYSTEM VULNER- ABILITIES; (2) DETERRING AND RESPONDING TO CYBER EVENTS AGAINST THE STATE OF NEW YORK AND ITS CITIZENS AND BUSINESSES; AND (3) PROMOTING CYBER SECURITY AWARENESS WITHIN THE STATE; (II) CONDUCT INVESTIGATIONS NECESSARY TO PREVENT, INVESTIGATE, DETECT AND RESPOND TO CYBER THREATS, CYBER ACTIVITIES, AND CYBER ATTACKS THROUGHOUT THE STATE, AND (III) CONDUCT OF SUCH OTHER INVESTIGATIONS AS MAY BE DIRECTED BY THE SUPERINTENDENT, OR AS MAY BE PROVIDED FOR BY LAW. C. CLASSIFICATION AND APPOINTMENT. MEMBERS OF THE NEW YORK STATE POLICE ASSIGNED TO THE BUREAU OF CYBER SECURITY AND CYBER SPECIALISTS APPOINTED TO THE BUREAU BY THE SUPERINTENDENT SHALL BE CLASSIFIED AS (I) CYBER SECURITY SPECIALISTS; (II) SENIOR CYBER SECURITY SPECIALISTS; (III) LIEUTENANTS; (IV) CAPTAINS; (V) MAJORS; PROVIDED, HOWEVER, THAT CYBER SECURITY SPECIALISTS APPOINTED TO THE BUREAU OF CYBER SECURITY MAY BE APPOINTED AS CYBER SECURITY SPECIALISTS OR SENIOR CYBER SECURITY SPECIALISTS AT SALARIES TO BE DETERMINED BY THE SUPERINTENDENT WITH THE APPROVAL OF THE DIRECTOR OF THE BUDGET WITHIN THE RANGE FROM MINIMUM TO MAXIMUM PROVIDED FOR IN THIS SECTION FOR THE POSITIONS TO WHICH APPOINT- MENTS ARE MADE. CYBER SECURITY SPECIALISTS APPOINTED TO THE BUREAU OF CYBER SECURITY SHALL BE DEEMED TO BE MEMBERS OF THE NEW YORK STATE POLICE UPON THE FILING BY THEM OF THE CONSTITUTIONAL OATH OF OFFICE, BUT SHALL NOT BE ELIGIBLE FOR TRANSFER TO THE UNIFORM FORCE UNLESS OTHERWISE QUALIFIED UNDER SECTION TWO HUNDRED FIFTEEN OF THIS ARTICLE. D. CIVILIAN APPOINTMENTS. THE SUPERINTENDENT MAY EMPLOY, FROM TIME TO TIME, WITHIN THE APPROPRIATION, SUCH SKILLED EXPERTS, SCIENTISTS, ANALYSTS, TECHNICIANS OR OTHER SPECIALLY QUALIFIED PERSONS AS HE DEEMS NECESSARY TO AID THE BUREAU OF CYBER SECURITY AND THE NEW YORK STATE POLICE TO COLLECT, ANALYZE AND SHARE INFORMATION RELATING TO CYBER THREATS, CYBER ACTIVITIES, AND CYBER ATTACKS THROUGHOUT THE STATE, AND TO CONDUCT INVESTIGATIONS NECESSARY TO PREVENT, INVESTIGATE, DETECT AND RESPOND TO CYBER THREATS, CYBER ACTIVITIES, AND CYBER ATTACKS THROUGHOUT THE STATE, AND TO CONDUCT SUCH OTHER INVESTIGATIONS AS MAY BE DIRECTED BY THE SUPERINTENDENT, OR AS MAY BE PROVIDED FOR BY LAW. E. ASSIGNMENT OF BUREAU PERSONNEL. UPON REQUEST OF THE HEAD OF ANY STATE DEPARTMENT, OR OF ANY POLICE AGENCY OR OF ANY DISTRICT ATTORNEY WITHIN THE STATE, THE SUPERINTENDENT MAY ASSIGN TO SUCH REQUESTING AUTHORITY MEMBERS OF THE STATE POLICE, OR CIVILIAN APPOINTMENTS, ATTACHED TO THE BUREAU OF CYBER SECURITY IN SUCH NUMBERS AND FOR SUCH PERIODS OF TIME AS HE MAY DEEM NECESSARY TO FACILITATE THE PURPOSE OF THE BUREAU OF CYBER SECURITY. MEMBERS OF THE STATE POLICE, OR CIVILIAN APPOINTMENTS, ASSIGNED OR APPOINTED TO THE BUREAU OF CYBER SECURITY ARE EMPOWERED TO COOPERATE WITH DEPARTMENTS, DIVISIONS, AGENCIES AND OFFICES S. 6405--B 12 OF THE STATE OF NEW YORK, AND/OR OF ITS LOCAL SUBDIVISIONS THEREOF, AND/OR THE GOVERNMENT OF THE UNITED STATES TO FACILITATE THE PURPOSE OF THE BUREAU OF COUNTERTERRORISM AND INTELLIGENCE. F. SHARING OF INTELLIGENCE INFORMATION. THE BUREAU OF CYBER SECURITY SHALL SHARE CYBER SECURITY, INTELLIGENCE, AND INVESTIGATION INFORMATION WITH, AND MAY RECEIVE CYBER SECURITY, INTELLIGENCE, AND INVESTIGATION INFORMATION FROM, THE DIVISION OF HOMELAND SECURITY AND EMERGENCY SERVICES, THE STATE OFFICE OF INFORMATION TECHNOLOGY SERVICES, LOCAL LAW ENFORCEMENT ENTITIES, THE UNITED STATES DEPARTMENT OF HOMELAND SECURITY, THE UNITED STATES DEPARTMENT OF JUSTICE, THE FEDERAL BUREAU OF INVESTI- GATION, THE CENTRAL INTELLIGENCE AGENCY, THE OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE, THE UNITED STATES DEPARTMENT OF DEFENSE, AND ANY OTHER FEDERAL, STATE OR LOCAL ENTITY THAT THE SUPERINTENDENT DEEMS PRUDENT FOR THE PURPOSE OF FULFILLING THE PURPOSE OF THE BUREAU. SUCH CYBER SECURITY, INTELLIGENCE, AND INVESTIGATIONS INFORMATION SHALL BE SHARED, AND MAY BE RECEIVED, PURSUANT TO SECURITY PROTOCOLS DEVELOPED BETWEEN THE BUREAU AND THE ENTITY WITH WHICH SUCH INFORMATION AND/OR INVESTIGATIONS ARE SHARED OR FROM WHICH SUCH INFORMATION AND/OR INVESTI- GATIONS ARE RECEIVED. G. OFFICES OF THE BUREAU OF CYBER SECURITY. THE SUPERINTENDENT MAY, FROM TIME TO TIME, ESTABLISH HEADQUARTERS OR STATIONS IN SUCH LOCALITIES OF THE STATE AS HE SHALL DEEM MOST SUITABLE FOR THE EFFICIENT OPERATION OF THE BUREAU OF CYBER SECURITY. H. SALARY SCHEDULES FOR CYBER SECURITY SPECIALISTS AND SENIOR CYBER SECURITY SPECIALISTS IN THE DIVISION OF STATE POLICE. EFFECTIVE APRIL FIRST, TWO THOUSAND SIXTEEN, MEMBERS ASSIGNED TO THE BUREAU OF CYBER SECURITY AND CYBER SECURITY SPECIALISTS APPOINTED TO THE BUREAU BY THE SUPERINTENDENT, SHALL RECEIVE A BASIC ANNUAL SALARY PURSUANT TO THE FOLLOWING SCHEDULE: SENIOR CYBER SECURITY CYBER SECURITY SPECIALIST SPECIALIST NASSAU AND SUFFOLK $106,157 $95,878 NEW YORK CITY, ROCKLAND, WESTCHESTER $105,878 $95,599 ORANGE, PUTNAM, DUTCHESS $104,813 $94,534 ALL OTHER LOCATIONS $104,615 $94,335 S 8. This act shall take effect immediately. SUBPART B Section 1. Section 709-a of the executive law, as added by section 15-a of part B of chapter 56 of the laws of 2010, is amended to read as follows: S 709-a. Office of counterterrorism, INTELLIGENCE AND CYBER SECURITY. THERE SHALL BE ESTABLISHED AND MAINTAINED WITHIN THE DIVISION, AN OFFICE OF COUNTERTERRORISM, INTELLIGENCE AND CYBER SECURITY. THE OFFICE OF COUNTERTERRORISM, INTELLIGENCE AND CYBER SECURITY SHALL BE THE ENTITY OF STATE GOVERNMENT RESPONSIBLE FOR ESTABLISHING AND MAINTAINING THE STATE'S POLICIES, PROTOCOLS AND STRATEGIES, RELATING TO THE PREVENTION OF, RESPONSE TO, AND RECOVERY FROM, TERRORIST ATTACKS AND CYBER ATTACKS. 1. PURPOSE. The office of counterterrorism, INTELLIGENCE AND CYBER SECURITY shall develop, ESTABLISH, MAINTAIN and analyze the state's policies, protocols and strategies relating to the prevention and detection of terrorist acts [and], terrorist threats, CYBER ACTS AND CYBER THREATS. S. 6405--B 13 2. COUNTERTERRORISM AND INTELLIGENCE. The office shall also [be responsible] MAINTAIN POLICY, PROTOCOL AND STRATEGIC OVERSIGHT RESPONSI- BILITY OF, AND WORK COOPERATIVELY WITH, THE BUREAU OF COUNTERTERRORISM AND INTELLIGENCE OF THE STATE POLICE, for: (A) THE ESTABLISHMENT AND MAINTENANCE OF THE STATE'S POLICIES, PROTO- COLS AND STRATEGIES RELATING TO THE PREVENTION AND DETECTION OF TERROR- IST THREATS OR TERRORIST ATTACKS THAT WOULD ENDANGER THE PEOPLE, BUSI- NESSES OR PROPERTY OF THE STATE OF NEW YORK; (B) the collection, analysis and sharing of information relating to terrorist threats [and], terrorist activities, AND TERRORIST ATTACKS throughout the state; [coordinating] (C) THE COORDINATION, DEVELOPMENT AND MAINTENANCE OF strategies, protocols and first responder equipment needs NECESSARY to detect, PREVENT AND/OR RESPOND TO a biological, chemical [or], radiological, OR OTHER TYPE OF terrorist act or threat; [working] (D) THE CONDUCT OF ASSESSMENTS, IN COOPERATION with private entities and local, state and federal agencies [to conduct assessments], of the vulnerability of critical infrastructure to terrorist attack; and [consulting] (E) THE CONSULTATION with appropriate state and local governments and private entities, AND THE GOVERNMENT OF THE UNITED STATES to facilitate and foster cooperation to better prepare the state to prevent and detect threats and acts of terrorism. 3. CYBER SECURITY. THE OFFICE SHALL ALSO MAINTAIN POLICY, PROTOCOL AND STRATEGIC OVERSIGHT RESPONSIBILITY OF, AND WORK COOPERATIVELY WITH, THE BUREAU OF CYBER SECURITY OF THE STATE POLICE, AND THE STATE OFFICE OF INFORMATION TECHNOLOGY SERVICES, FOR: (A) THE ESTABLISHMENT AND MAINTENANCE OF THE STATE'S POLICIES, PROTO- COLS AND STRATEGIES RELATING TO THE PREVENTION AND DETECTION OF CYBER THREATS OR CYBER ATTACKS THAT WOULD ENDANGER THE PEOPLE, BUSINESSES OR PROPERTY OF THE STATE OF NEW YORK; (B) THE COLLECTION, ANALYSIS AND SHARING OF INFORMATION RELATING TO CYBER THREATS, CYBER ACTIVITIES AND CYBER ATTACKS THROUGHOUT THE STATE; (C) THE DEVELOPMENT AND IMPLEMENTATION OF INFORMATION SHARING PROGRAMS AND CYBER DEFENSE MEASURES TO PROTECT COMPUTERS, SYSTEMS AND NETWORKS; (D) THE COORDINATION, DEVELOPMENT AND MAINTENANCE OF STRATEGIES, PROTOCOLS AND RESPONSE NEEDS TO DETECT, PREVENT AND/OR RESPOND TO A CYBER ATTACK OR CYBER THREAT; (E) THE CONDUCT OF ASSESSMENTS, IN COOPERATION WITH PRIVATE ENTITIES AND LOCAL, STATE AND FEDERAL AGENCIES, OF THE VULNERABILITY OF CRITICAL INFRASTRUCTURE TO CYBER ATTACK; (F) THE CONDUCT OF ASSESSMENTS, IN COOPERATION WITH PRIVATE ENTITIES AND LOCAL, STATE AND FEDERAL AGENCIES TO PROVIDE STATE-WIDE COORDINATION OF GEOGRAPHICALLY REFERENCED CRITICAL INFRASTRUCTURE, AND THE PROMOTION AND DEVELOPMENT OF PROGRAMS TO PREVENT SUCH INFRASTRUCTURE FROM CYBER ATTACK; AND (G) THE CONSULTATION WITH APPROPRIATE STATE AND LOCAL GOVERNMENTS AND PRIVATE ENTITIES, AND THE GOVERNMENT OF THE UNITED STATES, TO FACILITATE AND FOSTER COOPERATION TO BETTER PREPARE THE STATE TO PREVENT, DETECT AND RESPOND TO CYBER THREATS AND CYBER ATTACKS. 4. INFORMATION SHARING. THE OFFICE OF COUNTERTERRORISM, INTELLIGENCE AND CYBER SECURITY SHALL ENGAGE IN THE SHARING OF INFORMATION TO FACILI- TATE THE PURPOSES OF THIS SECTION. (A) THE OFFICE SHALL SHARE COUNTERTERRORISM, INTELLIGENCE AND INVESTI- GATION INFORMATION WITH, AND MAY RECEIVE COUNTERTERRORISM, INTELLIGENCE, AND INVESTIGATION INFORMATION FROM, THE BUREAU OF COUNTERTERRORISM AND S. 6405--B 14 INTELLIGENCE OF THE STATE POLICE, LOCAL LAW ENFORCEMENT ENTITIES, THE UNITED STATES DEPARTMENT OF HOMELAND SECURITY, THE UNITED STATES DEPART- MENT OF JUSTICE, THE FEDERAL BUREAU OF INVESTIGATION, THE CENTRAL INTEL- LIGENCE AGENCY, THE OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE, THE UNITED STATES DEPARTMENT OF DEFENSE, AND ANY OTHER FEDERAL, STATE OR LOCAL ENTITY THAT THE COMMISSIONER DEEMS PRUDENT FOR THE PURPOSE OF FULFILLING THE PURPOSE OF THIS SECTION. SUCH COUNTERTERRORISM, INTELLI- GENCE AND INVESTIGATION INFORMATION SHALL BE SHARED, AND MAY BE RECEIVED, PURSUANT TO SECURITY PROTOCOLS DEVELOPED BETWEEN THE DIVISION AND THE ENTITY WITH WHICH SUCH INFORMATION AND/OR INVESTIGATIONS ARE SHARED OR FROM WHICH SUCH INFORMATION AND/OR INVESTIGATIONS ARE RECEIVED. (B) THE OFFICE SHALL SHARE CYBER SECURITY, INTELLIGENCE AND INVESTI- GATION INFORMATION WITH, AND MAY RECEIVE CYBER SECURITY, INTELLIGENCE, AND INVESTIGATION INFORMATION FROM, THE BUREAU OF CYBER SECURITY OF THE STATE POLICE, THE STATE OFFICE OF INFORMATION TECHNOLOGY SERVICES, LOCAL LAW ENFORCEMENT ENTITIES, THE UNITED STATES DEPARTMENT OF HOMELAND SECU- RITY, THE UNITED STATES DEPARTMENT OF JUSTICE, THE FEDERAL BUREAU OF INVESTIGATION, THE CENTRAL INTELLIGENCE AGENCY, THE OFFICE OF THE DIREC- TOR OF NATIONAL INTELLIGENCE, THE UNITED STATES DEPARTMENT OF DEFENSE, AND ANY OTHER FEDERAL, STATE OR LOCAL ENTITY THAT THE COMMISSIONER DEEMS PRUDENT FOR THE PURPOSE OF FULFILLING THE PURPOSE OF THIS SECTION. SUCH CYBER SECURITY, INTELLIGENCE AND INVESTIGATION INFORMATION SHALL BE SHARED, AND MAY BE RECEIVED, PURSUANT TO SECURITY PROTOCOLS DEVELOPED BETWEEN THE DIVISION AND THE ENTITY WITH WHICH SUCH INFORMATION AND/OR INVESTIGATIONS ARE SHARED OR FROM WHICH SUCH INFORMATION AND/OR INVESTI- GATIONS ARE RECEIVED. S 2. This act shall take effect immediately. SUBPART C Section 1. This act shall be known and may be cited as the "New York state terrorist registry act". S 2. The executive law is amended by adding a new section 719 to read as follows: S 719. TERRORIST REGISTRY INFORMATION SHARING. 1. UPON REQUEST, THE DIVISION OF CRIMINAL JUSTICE SERVICES SHALL PROVIDE ANY AND ALL INFORMA- TION IT OBTAINS, ON ANY TERRORIST REQUIRED TO BE REGISTERED PURSUANT TO ARTICLE SIX-D OF THE CORRECTION LAW, TO THE DIVISION OF HOMELAND SECURI- TY AND EMERGENCY SERVICES, AND THE PROVISION OF SUCH INFORMATION SHALL BE IN THE FORM AND MANNER AS THE DIVISION OF HOMELAND SECURITY AND EMER- GENCY SERVICES MAY SO REQUEST. 2. UPON REQUEST, THE DIVISION OF CRIMINAL JUSTICE SERVICES SHALL FURTHER REGULARLY SUPPLEMENT THE INFORMATION PROVIDED PURSUANT TO SUBDI- VISION ONE OF THIS SECTION, SO AS TO DELIVER ANY NEW, DIFFERENT OR ADDI- TIONAL INFORMATION NOT PREVIOUSLY PROVIDED TO THE DIVISION OF HOMELAND SECURITY AND EMERGENCY SERVICES. 3. THE DIVISION OF HOMELAND SECURITY AND EMERGENCY SERVICES SHALL PROVIDE THE DIVISION OF CRIMINAL JUSTICE SERVICES WITH ANY AND ALL INFORMATION THE DIVISION OF CRIMINAL JUSTICE SERVICES SHALL REQUIRE, IN ORDER TO MAINTAIN AN ACCURATE AND COMPLETE REGISTRATION OF TERRORISTS PURSUANT TO ARTICLE SIX-D OF THE CORRECTION LAW, AND THE PROVISION OF SUCH INFORMATION SHALL BE IN THE FORM AND MANNER AS THE DIVISION OF CRIMINAL JUSTICE SERVICES SHALL SO REQUEST. S 3. The executive law is amended by adding a new section 233 to read as follows: S. 6405--B 15 S 233. TERRORIST REGISTRY INFORMATION SHARING. 1. UPON REQUEST, THE DIVISION OF CRIMINAL JUSTICE SERVICES SHALL PROVIDE ANY AND ALL INFORMA- TION IT OBTAINS, ON ANY TERRORIST REQUIRED TO BE REGISTERED PURSUANT TO ARTICLE SIX-D OF THE CORRECTION LAW, TO THE DIVISION OF STATE POLICE, AND THE PROVISION OF SUCH INFORMATION SHALL BE IN THE FORM AND MANNER AS THE DIVISION OF STATE POLICE MAY SO REQUEST. 2. UPON REQUEST, THE DIVISION OF CRIMINAL JUSTICE SERVICES SHALL FURTHER REGULARLY SUPPLEMENT THE INFORMATION PROVIDED PURSUANT TO SUBDI- VISION ONE OF THIS SECTION, SO AS TO DELIVER ANY NEW, DIFFERENT, OR ADDITIONAL INFORMATION NOT PREVIOUSLY PROVIDED TO THE DIVISION OF STATE POLICE. 3. THE DIVISION OF STATE POLICE SHALL PROVIDE THE DIVISION OF CRIMINAL JUSTICE SERVICES WITH ANY AND ALL INFORMATION THE DIVISION OF CRIMINAL JUSTICE SERVICES SHALL REQUIRE, IN ORDER TO MAINTAIN AN ACCURATE AND COMPLETE REGISTRATION OF TERRORISTS PURSUANT TO ARTICLE SIX-D OF THE CORRECTION LAW, AND THE PROVISION OF SUCH INFORMATION SHALL BE IN THE FORM AND MANNER AS THE DIVISION OF CRIMINAL JUSTICE SERVICES SHALL SO REQUEST. S 4. The correction law is amended by adding a new article 6-D to read as follows: ARTICLE 6-D TERRORIST REGISTRY SECTION 169-A. LEGISLATIVE FINDINGS. 169-B. DEFINITIONS. 169-C. DUTIES OF THE DIVISION. 169-D. REGISTRATION INFORMATION. 169-E. REGISTRANT NOTIFICATION; STANDARDIZED REGISTRATION AND VERIFICATION FORMS. 169-F. EXAMINATION OF POTENTIAL REGISTRANTS. 169-G. INITIAL ASSEMBLY OF THE REGISTRY. 169-H. REGISTRATION AND VERIFICATION OF TERRORISTS. 169-I. DUTIES OF THE COURT. 169-J. RESPONSIBILITIES OF A CONFINEMENT ENTITY PRIOR TO DISCHARGE OF A TERRORIST. 169-K. RESPONSIBILITIES DURING COMMUNITY SUPERVISION OR PROBATION. 169-L. DURATION OF REGISTRATION AND VERIFICATION. 169-M. NOTIFICATION OF CHANGE OF ADDRESS. 169-N. REGISTRY INFORMATION SHARING. 169-O. DNA AND FINGERPRINT CUSTODY AND ANALYSIS. 169-P. REGISTRY AND VERIFICATION FEES. 169-Q. SPECIAL TELEPHONE NUMBER. 169-R. INTERNET DIRECTORY. 169-S. IMMUNITY FROM LIABILITY. 169-T. ANNUAL REPORT. 169-U. PENALTY. 169-V. UNAUTHORIZED RELEASE OF INFORMATION. 169-W. EXPENSES INCURRED BY GOVERNMENTAL ENTITIES. 169-X. SEPARABILITY. S 169-A. LEGISLATIVE FINDINGS. THE LEGISLATURE FINDS AND DETERMINES THAT TERRORISM IS A SERIOUS THREAT TO THE PUBLIC SAFETY OF THE PEOPLE OF THE STATE OF NEW YORK. THE LEGISLATURE ADDITIONALLY FINDS AND DETERMINES, THAT IT IS THE FIRST RESPONSIBILITY OF ANY GOVERNMENT TO PROVIDE FOR THE PUBLIC PROTECTION AND SAFETY OF ITS CITIZENS, AND THAT IN ORDER TO ASSURE SUCH PUBLIC PROTECTION AND SAFETY, NEW YORK MUST TAKE ACTIVE STEPS TO ADVANCE S. 6405--B 16 A PROGRAM OF PREVENTION OF, RESPONSE TO, AND RECOVERY FROM, TERRORIST ATTACKS. THE LEGISLATURE ALSO FINDS AND DETERMINES, THAT IN ORDER TO ADVANCE A PROGRAM TO PREVENT TERRORIST ATTACKS, WHILE STILL PRESERVING THE ESSEN- TIAL CIVIL LIBERTIES AND FREEDOMS THAT NEW YORK'S CITIZENS HOLD DEAR AS AN IRREPLACEABLE, FOUNDATIONAL ELEMENT OF SOCIETY, THE STATE MUST TAKE RESPONSIBLE ACTION TO REGISTER THOSE INDIVIDUALS, WHO HAVE DEMONSTRATED THROUGH THEIR PAST ACTIONS, THAT THEY WOULD COMMIT AN ACT OF TERRORISM. THE LEGISLATURE FURTHER FINDS AND DETERMINES, THAT THE PURPOSE OF THE NEW YORK STATE TERRORIST REGISTRY ESTABLISHED BY THIS ARTICLE, IS TO MONITOR THOSE INDIVIDUALS, WHO HAVE DEMONSTRATED THROUGH THEIR PAST ACTIONS, THAT THEY WOULD COMMIT AN ACT OF TERRORISM, SO THAT THROUGH SUCH MONITORING, SUCH PERSONS WILL BE DISCOURAGED AND/OR PREVENTED FROM COMMITTING ANY NEW ACTS OF TERRORISM, AGAINST THE PEOPLE AND PROPERTY OF THE STATE OF NEW YORK. S 169-B. DEFINITIONS. AS USED IN THIS ARTICLE, THE FOLLOWING DEFI- NITIONS SHALL APPLY: 1. "TERRORIST" MEANS ANY PERSON WHO IS CONVICTED OF ANY TERRORIST OFFENSE SET FORTH IN SUBDIVISION TWO OF THIS SECTION, AND/OR WHO HAS ENGAGED IN ANY VERIFIABLE ACT OF TERRORISM PURSUANT TO SUBDIVISION THREE OF THIS SECTION. 2. "TERRORIST OFFENSE" MEANS ANY OFFENSE: (A) SET FORTH IN ARTICLE FOUR HUNDRED NINETY OF THE PENAL LAW; (B) IN ANY OTHER JURISDICTION, WHETHER WITHIN THE UNITED STATES OR A FOREIGN COUNTRY, WHICH INCLUDES ALL OF THE ESSENTIAL ELEMENTS OF ANY OFFENSE SET FORTH IN ARTICLE FOUR HUNDRED NINETY OF THE PENAL LAW; (C) SET FORTH IN SECTIONS 32, 37, 81, 175, 175B, 229, 351, 831, 844 (F), 844 (I), 930 (C), 956, 1038, 1114, 1116, 1203, 1362, 1363, 1366, 1751, 1992, 1993, 2155, 2280, 2281, 2332, 2332A, 2332B, 2332C, 2332D, 2332E, 2332F, 2332G, 2332H, 2339, 2339A, 2339B, 2339C, AND/OR 2339D OF TITLE 18 OF THE UNITED STATES CODE; (D) SET FORTH IN SECTION 2284 OF TITLE 42 OF THE UNITED STATES CODE; (E) SET FORTH IN SECTION 46504, 46505 (B) (3), 46506, AND/OR 60123 (B) OF TITLE 49 OF THE UNITED STATES CODE; AND/OR (F) IN ANY OTHER JURISDICTION, WHETHER WITHIN THE UNITED STATES OR A FOREIGN COUNTRY, OF ANY OFFENSE WHICH INCLUDES ALL OF THE ESSENTIAL ELEMENTS OF ANY OFFENSE SET FORTH WITHIN PARAGRAPHS (C), (D) OR (E) OF THIS SUBDIVISION. 3. "VERIFIABLE ACT OF TERRORISM" MEANS ANY ACT COMMITTED BY A PERSON OR PERSONS THAT HAS RESULTED IN SUCH PERSON OR PERSONS BEING: (A) CONVICTED BY A COMBAT STATUS REVIEW TRIBUNAL OR MILITARY COMMIS- SION OF ANY ACT OF TERRORISM, TERRORIST ACTIVITIES, OR THE HARBORING, SUPPORT AND/OR PROMOTION OF TERRORISTS OF TERRORIST ACTIVITIES; (B) CONVICTED BY A MILITARY OR CIVILIAN COURT OF COMPETENT JURISDIC- TION OF ANY ACT OF TERRORISM, TERRORIST ACTIVITIES, OR THE HARBORING, SUPPORT AND/OR PROMOTION OF TERRORISTS OR TERRORIST ACTIVITIES IN VIOLATION OF THE UNIFORM CODE OF MILITARY JUSTICE; (C) SUBJECT TO AN ORDER OF DETENTION BY THE ARMED FORCES OF THE UNITED STATES, ANY OTHER GOVERNMENT AGENCY OF THE UNITED STATES, OR ANY CONTRACTOR OF THE GOVERNMENT OF THE UNITED STATES THAT IS AUTHORIZED BY THE GOVERNMENT OF THE UNITED STATES TO MAKE SUCH DETENTIONS, UPON A DETERMINATION THAT SUCH PERSON WAS AT ANY TIME, A FOREIGN ENEMY COMBA- TANT OR AN ILLEGAL ENEMY COMBATANT; (D) DEPORTED OR TRANSPORTED, TO A COUNTRY, OTHER THAN THE UNITED STATES, BY THE GOVERNMENT OF THE UNITED STATES, OR ANY DEPARTMENT OR AGENCY THEREOF, UPON A DETERMINATION OF INVOLVEMENT IN TERRORIST ACTIV- S. 6405--B 17 ITIES, OR THE HARBORING, SUPPORT AND/OR PROMOTION OF TERRORISTS OR TERRORIST ACTIVITIES; OR (E) DESIGNATED BY THE UNITED STATES DEPARTMENT OF HOMELAND SECURITY, THE UNITED STATES DEPARTMENT OF STATE, THE UNITED STATES DEPARTMENT OF JUSTICE, THE UNITED STATES DEPARTMENT OF DEFENSE OR ANY OF ITS ARMED SERVICES, THE UNITED STATES CENTRAL INTELLIGENCE AGENCY, AND/OR THE OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE, AS A PERSON WHO HAS COMMITTED A TERRORIST ACT AGAINST THE UNITED STATES OR ANY OF ITS CITI- ZENS, AND/OR WHO IS A MEMBER OF A DESIGNATED TERRORIST ORGANIZATION PURSUANT TO SECTION 1189 OF TITLE 8 OF THE UNITED STATES CODE. 4. "TERRORIST INCIDENT" MEANS ANY INCIDENT WHICH WAS THE BASIS OF A CONVICTION FOR ANY TERRORIST OFFENSE, AS DEFINED BY SUBDIVISION TWO OF THIS SECTION, OR ANY INCIDENT WHICH WAS THE BASIS FOR A VERIFIABLE ACT OF TERRORISM, AS DEFINED BY SUBDIVISION THREE OF THIS SECTION. 5. "LAW ENFORCEMENT AGENCY HAVING JURISDICTION" MEANS: (A) THE CHIEF LAW ENFORCEMENT OFFICER IN THE VILLAGE, TOWN OR CITY IN WHICH THE TERRORIST EXPECTS TO RESIDE, OR ACTUALLY RESIDES, UPON HIS OR HER DISCHARGE, PROBATION, PAROLE, RELEASE TO POST-RELEASE SUPERVISION, OR UPON ANY OTHER FORM OF FEDERAL, STATE OR LOCAL CONDITIONAL RELEASE; OR (B) IF THE TERRORIST DOES NOT RECEIVE DISCHARGE, PROBATION, PAROLE, RELEASE TO POST-RELEASE SUPERVISION, OR ANY OTHER FORM OF FEDERAL, STATE OR LOCAL CONDITIONAL RELEASE, THEN THE CHIEF LAW ENFORCEMENT OFFICER IN THE VILLAGE, TOWN OR CITY IN WHICH THE TERRORIST ACTUALLY RESIDES; OR (C) IF THERE IS NO CHIEF LAW ENFORCEMENT OFFICER IN SUCH VILLAGE, TOWN OR CITY, THE CHIEF LAW ENFORCEMENT OFFICER OF THE COUNTY; OR (D) IF THERE IS NO CHIEF ENFORCEMENT OFFICER IN SUCH VILLAGE, TOWN, CITY OR COUNTY, THE DIVISION OF STATE POLICE. 6. "DIVISION" MEANS THE DIVISION OF CRIMINAL JUSTICE SERVICES AS DEFINED BY SECTION EIGHT HUNDRED THIRTY-SEVEN OF THE EXECUTIVE LAW. 7. "DEPARTMENT" MEANS THE DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION, AS DEFINED IN SUBDIVISION ONE OF SECTION TWO, AND SECTION FIVE, OF THIS CHAPTER. 8. "OFFICE OF PROBATION AND CORRECTIONAL ALTERNATIVES" MEANS THE OFFICE OF PROBATION AND CORRECTIONAL ALTERNATIVES AS DESCRIBED IN SECTION TWO HUNDRED FORTY OF THE EXECUTIVE LAW. 9. "HOSPITAL" MEANS A HOSPITAL AS DEFINED IN SUBDIVISION TWO OF SECTION FOUR HUNDRED OF THIS CHAPTER AND APPLIES TO PERSONS COMMITTED TO SUCH HOSPITAL BY ORDER OF COMMITMENT MADE PURSUANT TO ARTICLE SIXTEEN OF THIS CHAPTER. 10. "LOCAL CORRECTIONAL FACILITY" MEANS THE LOCAL CORRECTIONAL FACILI- TY AS THAT TERM IS DEFINED IN SUBDIVISION SIXTEEN OF SECTION TWO OF THIS CHAPTER. 11. "PROBATION" MEANS A SENTENCE OF PROBATION IMPOSED PURSUANT TO ARTICLE SIXTY-FIVE OF THE PENAL LAW AND SHALL INCLUDE A SENTENCE OF IMPRISONMENT IMPOSED IN CONJUNCTION WITH A SENTENCE OF PROBATION. 12. "INTERNET ACCESS PROVIDER" MEANS ANY BUSINESS, ORGANIZATION OR OTHER ENTITY ENGAGED IN THE BUSINESS OF PROVIDING A COMPUTER AND COMMU- NICATIONS FACILITY THROUGH WHICH A CUSTOMER MAY OBTAIN ACCESS TO THE INTERNET. 13. "INTERNET SERVICE PROVIDER" MEANS ANY BUSINESS, ORGANIZATION OR OTHER ENTITY ENGAGED IN THE BUSINESS OF PROVIDING TELECOMMUNICATION, CABLE AND/OR BROADBAND SERVICES TO CONNECT TO, AND COMMUNICATE ON, THE INTERNET, OR ANY OTHER BROAD MULTI-USER COMPUTER SYSTEM. S. 6405--B 18 14. "INTERNET IDENTIFIERS" MEANS ANY ELECTRONIC MAIL ADDRESSES AND DESIGNATIONS USED FOR THE PURPOSES OF CHAT, INSTANT MESSAGING, SOCIAL NETWORKING OR OTHER SIMILAR INTERNET COMMUNICATION. 15. "CELLULAR SERVICE PROVIDER" MEANS ANY BUSINESS, ORGANIZATION OR OTHER ENTITY ENGAGED IN THE BUSINESS OF PROVIDING CELLULAR TELEPHONE OR DEVICE SERVICE THROUGH WHICH A CUSTOMER MAY MAKE CELLULAR TELEPHONE CALLS OR OBTAIN ACCESS TO THE INTERNET, BUT DOES NOT INCLUDE A BUSINESS, ORGANIZATION OR OTHER ENTITY TO THE EXTENT THAT IT PROVIDES ONLY LAND LINE OR CABLE TELECOMMUNICATIONS SERVICES. 16. "REGISTRY" MEANS THE NEW YORK STATE TERRORIST REGISTRY ESTABLISHED AND MAINTAINED BY THE DIVISION OF CRIMINAL JUSTICE SERVICES PURSUANT TO THIS ARTICLE. 17. "REGISTRANT" MEANS A TERRORIST, THAT UPON EXAMINATION, PURSUANT TO SECTION ONE HUNDRED SIXTY-NINE-F OF THIS ARTICLE, THE DIVISION HAS DETERMINED SHALL BE REQUIRED TO REGISTER WITH, AND BE ADDED TO, THE NEW YORK STATE TERRORIST REGISTRY. 18. "CONFINEMENT ENTITY" MEANS THE DEPARTMENT, OR ANY OTHER OFFICE, AGENCY, GOVERNMENT, CORPORATION OR OTHER INSTITUTION WHICH MAINTAINS THE CORRECTIONAL FACILITY, HOSPITAL, LOCAL CORRECTIONAL FACILITY, OR ANY OTHER SIMILAR TYPE OF SECURE FACILITY, AT WHICH A TERRORIST, AS DEFINED IN SUBDIVISION ONE OF THIS SECTION, IS CONFINED. S 169-C. DUTIES OF THE DIVISION. 1. TERRORIST REGISTRY. THE DIVISION SHALL ESTABLISH AND MAINTAIN AN INFORMATION FILE ON ALL TERRORISTS REQUIRED TO REGISTER PURSUANT TO THE PROVISIONS OF THIS ARTICLE, WHICH SHALL INCLUDE ALL THE INFORMATION SET FORTH IN SECTION ONE HUNDRED SIXTY-NINE-D OF THIS ARTICLE, AND WHICH SHALL BE KNOWN AS THE NEW YORK STATE TERRORIST REGISTRY. 2. REGISTRANT NOTIFICATION. THE DIVISION SHALL NOTIFY EVERY TERRORIST REQUIRED TO BE REGISTERED UNDER THIS ARTICLE, PURSUANT TO THE PROVISIONS OF SECTION ONE HUNDRED SIXTY-NINE-E OF THIS ARTICLE, BUT IN NO EVENT SHALL THE FAILURE OF A TERRORIST TO RECEIVE SUCH NOTICE, OR THE DIVI- SION'S FAILURE TO PROVIDE SUCH NOTICE, RELIEVE SUCH TERRORIST FROM ANY OBLIGATION REQUIRED BY THIS ARTICLE. 3. INITIAL ASSEMBLY OF THE REGISTRY. THE DIVISION, PURSUANT TO SECTION ONE HUNDRED SIXTY-NINE-F OF THIS ARTICLE, SHALL CONDUCT EXAMINATIONS TO DETERMINE WHAT TERRORISTS SHALL BE INITIALLY ADDED TO THE REGISTRY, AND UPON SUCH EXAMINATIONS AND DETERMINATIONS, IN ACCORDANCE WITH SECTION ONE HUNDRED SIXTY-NINE-G OF THIS ARTICLE, SHALL ADD SUCH TERRORISTS TO THE NEW YORK STATE TERRORIST REGISTRY. 4. EXAMINATIONS OF POTENTIAL REGISTRANTS. THE DIVISION, IN ACCORDANCE WITH SECTION ONE HUNDRED SIXTY-NINE-F OF THIS ARTICLE, SHALL MAKE REGU- LAR EXAMINATIONS TO DETERMINE WHAT TERRORISTS SHALL BE ADDED TO THE REGISTRY. 5. STANDARDIZED REGISTRATION INFORMATION FORM, PERSONALIZED REGISTRA- TION INFORMATION FORM AND STANDARDIZED REGISTRATION FORM. THE DIVISION SHALL DEVELOP A STANDARDIZED REGISTRATION INFORMATION FORM, A PERSONAL- IZED REGISTRATION INFORMATION FORM AND A STANDARDIZED REGISTRATION FORM, PURSUANT TO SECTION ONE HUNDRED SIXTY-NINE-E OF THIS ARTICLE. 6. STANDARDIZED VERIFICATION INFORMATION FORM, PERSONALIZED VERIFICA- TION FORM AND STANDARDIZED VERIFICATION FORM. THE DIVISION SHALL DEVELOP A STANDARDIZED VERIFICATION INFORMATION FORM, A PERSONALIZED VERIFICA- TION FORM AND A STANDARDIZED VERIFICATION FORM, PURSUANT TO SECTION ONE HUNDRED SIXTY-NINE-E OF THIS ARTICLE. 7. REGISTRATION AND VERIFICATION OF TERRORISTS. THE DIVISION, PURSUANT TO SECTION ONE HUNDRED SIXTY-NINE-H OF THIS ARTICLE, SHALL PROVIDE FOR S. 6405--B 19 THE REGISTRATION AND VERIFICATION OF TERRORISTS ADDED TO THE NEW YORK STATE TERRORIST REGISTRY. 8. NOTIFICATION OF CHANGE OF ADDRESS. THE DIVISION, PURSUANT TO SECTION ONE HUNDRED SIXTY-NINE-M OF THIS ARTICLE, SHALL PROVIDE FOR THE NOTIFICATION OF LAW ENFORCEMENT AGENCIES HAVING JURISDICTION, WHEN A REGISTRANT NOTIFIES THE DIVISION OF A CHANGE OF ADDRESS. 9. REGISTRY INFORMATION SHARING. THE DIVISION, PURSUANT TO SECTION ONE HUNDRED SIXTY-NINE-N OF THIS ARTICLE, IS AUTHORIZED TO SHARE THE NEW YORK STATE TERRORIST REGISTRY, AND ALL THE INFORMATION CONTAINED THERE- IN, TO ADVANCE THE PURPOSES OF THIS ARTICLE. 10. SECURE INFORMATION. THE DIVISION, PURSUANT TO SECTION ONE HUNDRED SIXTY-NINE-N OF THIS ARTICLE, IN CONSULTATION WITH THE DIVISION OF HOME- LAND SECURITY AND EMERGENCY SERVICES AND THE DIVISION OF STATE POLICE, SHALL REVIEW THE INFORMATION CONTAINED ON THE REGISTRY, AND SHALL DETER- MINE WHETHER THE DISCLOSURE OF ANY PARTICULAR INFORMATION CONTAINED ON THE REGISTRY MAY CAUSE A SECURITY RISK TO THE PEOPLE OR PROPERTY OF THE STATE OF NEW YORK, AND UPON SUCH DETERMINATION THAT SUCH PARTICULAR INFORMATION NEEDS TO BE DEEMED SECURE, THE DIVISION SHALL REMOVE SUCH SECURE INFORMATION FROM PUBLIC ACCESSIBILITY. 11. DNA CUSTODY AND ANALYSIS. THE DIVISION, PURSUANT TO SECTION ONE HUNDRED SIXTY-NINE-O OF THIS ARTICLE, SHALL PROVIDE FOR THE SECURE, CUSTODIAL TRANSFER OF THE DNA SAMPLE COLLECTED FROM THE REGISTRANT, FOR THE PRESERVATION, STORAGE AND ANALYSIS OF SUCH DNA SAMPLE, AND SHALL FURTHER PROVIDE FOR THE SUBSEQUENT SECURE CUSTODIAL TRANSFER OF THE DNA SAMPLE, AND/OR THE ANALYSIS PRODUCED THEREFROM, TO THE STATE DNA IDEN- TIFICATION INDEX, MAINTAINED PURSUANT TO SECTION NINE HUNDRED NINETY-FIVE-C OF THE EXECUTIVE LAW. 12. FINGERPRINT CUSTODY AND ANALYSIS. THE DIVISION, PURSUANT TO SECTION ONE HUNDRED SIXTY-NINE-O OF THIS ARTICLE, SHALL PROVIDE FOR THE SECURE, CUSTODIAL TRANSFER OF THE FINGERPRINTS COLLECTED FROM THE REGIS- TRANT, TO THE LABORATORY MAINTAINED BY THE DIVISION OF STATE POLICE, OR ANOTHER APPROVED FINGERPRINT ANALYSIS ENTITY AS CONTRACTED WITH BY THE DIVISION, FOR THE PRESERVATION, STORAGE AND ANALYSIS OF SUCH FINGER- PRINTS. 13. REGISTRY AND VERIFICATION FEES. THE DIVISION, PURSUANT TO SECTION ONE HUNDRED SIXTY-NINE-P OF THIS ARTICLE, SHALL BE AUTHORIZED TO CHARGE REGISTRATION AND VERIFICATION FEES TO BE PAID TO THE DIVISION BY THE REGISTRANT, AT THE TIME AND MANNER PRESCRIBED BY THE DIVISION, WITH THE STATE COMPTROLLER BEING AUTHORIZED TO DEPOSIT SUCH FEES INTO THE GENERAL FUND. 14. SPECIAL TELEPHONE NUMBER. THE DIVISION SHALL ESTABLISH AND OPERATE A SPECIAL TELEPHONE NUMBER PURSUANT TO SECTION ONE HUNDRED SIXTY-NINE-Q OF THIS ARTICLE. 15. INTERNET DIRECTORY. THE DIVISION SHALL ESTABLISH AN INTERNET DIRECTORY PURSUANT TO SECTION ONE HUNDRED SIXTY-NINE-R OF THIS ARTICLE. S 169-D. REGISTRATION INFORMATION. THE DIVISION, PURSUANT TO SUBDIVI- SION ONE OF SECTION ONE HUNDRED SIXTY-NINE-C OF THIS ARTICLE, SHALL ESTABLISH AND MAINTAIN AN INFORMATION FILE ON ALL TERRORISTS REQUIRED TO REGISTER PURSUANT TO THE PROVISIONS OF SECTION ONE HUNDRED SIXTY-NINE-H OF THIS ARTICLE, WHICH SHALL BE KNOWN AS THE NEW YORK STATE TERRORIST REGISTRY, AND WHICH SHALL INCLUDE THE FOLLOWING INFORMATION ON EACH SUCH REGISTRANT: 1. PERSONAL INFORMATION, INCLUDING: (A) THE TERRORIST'S NAME; (B) ALL ALIASES CURRENTLY OR EVER USED BY THE TERRORIST; (C) THE DATE OF BIRTH OF THE TERRORIST; S. 6405--B 20 (D) THE SEX OF THE TERRORIST; (E) THE RACE OF THE TERRORIST; (F) THE HEIGHT, WEIGHT, EYE COLOR, DISTINCTIVE MARKINGS, AND BUILD OF THE TERRORIST; (G) THE NATION OF ORIGIN AND COUNTRY OR COUNTRIES OF CITIZENSHIP OF THE TERRORIST; (H) THE DRIVER'S LICENSE NUMBER OR NON-DRIVER'S IDENTIFICATION CARD NUMBER OF THE TERRORIST; (I) THE PASSPORT NUMBER OF THE MOST RECENT PASSPORT OF THE TERRORIST; (J) THE HOME ADDRESS AND/OR EXPECTED PLACE OF DOMICILE AND/OR ACTUAL PLACE OF DOMICILE OF THE TERRORIST; (K) THE SOCIAL SECURITY NUMBER, OR TAXPAYER IDENTIFICATION NUMBER, OF THE TERRORIST; (L) ANY AND ALL INTERNET ACCOUNTS WITH INTERNET SERVICE/ACCESS PROVID- ERS BELONGING TO SUCH TERRORIST; (M) ANY AND ALL INTERNET IDENTIFIERS THAT SUCH TERRORIST USES, OR HAS USED; AND (N) ANY AND ALL CELLULAR ACCOUNTS AND CELLULAR TELEPHONE NUMBERS WITH CELLULAR SERVICE PROVIDERS BELONGING TO THE TERRORIST, OR ANY AND ALL CELLULAR ACCOUNTS AND CELLULAR TELEPHONE NUMBERS WITH CELLULAR SERVICE OF WHICH THE TERRORIST HAS AUTHORIZED USE; 2. FORENSIC INFORMATION, INCLUDING: (A) A PHOTOGRAPH OF THE TERRORIST, TAKEN IN ACCORDANCE WITH THE PROVISIONS OF THIS ARTICLE, WHICH SHALL BE UPDATED ANNUALLY; (B) A COMPLETE SET OF FINGERPRINTS OF THE TERRORIST, COLLECTED IN ACCORDANCE WITH THE PROVISIONS OF THIS ARTICLE; (C) A DNA SAMPLE, COLLECTED IN ACCORDANCE WITH THE PROVISIONS OF THIS ARTICLE, WITH SUCH SAMPLE BEING COMPLIANT WITH TESTING FOR THE COMBINED DNA INDEX SYSTEM (CODIS), AND WITH SUCH SAMPLE CAPABLE OF PROVIDING A REPORT AND ANALYSIS OF AUTOSOMAL DNA (ATDNA), MITOCHONDRIAL DNA (MTDNA) AND Y-CHROMOSOME DNA (Y-DNA), TOGETHER WITH ANY OTHER SCREENING OR DNA TESTING AS MAY BE REQUIRED BY THE DIVISION; AND (D) A DNA ANALYSIS OF THE DNA SAMPLE COLLECTED FROM THE TERRORIST, PERFORMED BY A LABORATORY APPROVED BY THE DIVISION, WITH SUCH ANALYSIS BEING COMPLIANT WITH THE COMBINED DNA INDEX SYSTEM (CODIS), AND WITH SUCH ANALYSIS CAPABLE OF PROVIDING A REPORT AND ANALYSIS OF AUTOSOMAL DNA (ATDNA), MITOCHONDRIAL DNA (MTDNA) AND Y-CHROMOSOME DNA (Y-DNA), TOGETHER WITH ANY OTHER SCREENING OR DNA TESTING AS MAY BE REQUIRED BY THE DIVISION; 3. TERRORIST INCIDENT INFORMATION, INCLUDING, FOR EACH AND EVERY TERRORIST INCIDENT INVOLVING THE TERRORIST: (A) A COMPLETE DESCRIPTION OF THE INCIDENT AND ITS SURROUNDING EVENTS FOR WHICH THE TERRORIST WAS CONVICTED, DETAINED, DEPORTED, TRANSPORTED, OR DESIGNATED; (B) THE DATE OF THE INCIDENT AND ITS SURROUNDING EVENTS FOR WHICH THE TERRORIST WAS CONVICTED, DETAINED, DEPORTED, TRANSPORTED, OR DESIGNATED; (C) A COMPLETE DESCRIPTION OF EACH AND EVERY CONSEQUENCE OF THE INCI- DENT AND ITS SURROUNDING EVENTS FOR WHICH THE TERRORIST WAS CONVICTED, DETAINED, DEPORTED, TRANSPORTED, OR DESIGNATED, INCLUDING EACH AND EVERY SENTENCE, FINE, PUNISHMENT AND/OR SANCTION IMPOSED AS A RESULT OF THE INCIDENT; AND (D) THE DATE OF EACH AND EVERY CONVICTION, DETAINMENT, DEPORTATION, TRANSPORTATION, AND/OR DESIGNATION THAT OCCURRED AS A RESULT OF THE INCIDENT, AND EACH AND EVERY SENTENCE, FINE, PUNISHMENT AND/OR SANCTION IMPOSED AS A RESULT OF THE INCIDENT; 4. EMPLOYMENT INFORMATION OF THE TERRORIST, INCLUDING: S. 6405--B 21 (A) IN THE CASE OF A TERRORIST WHO IS EMPLOYED, OR WHO EXPECTS TO BE EMPLOYED: (I) THE NAME AND ADDRESS OF THE TERRORIST'S CURRENT OR EXPECTED EMPLOYER; (II) A COMPLETE DESCRIPTION OF THE TERRORIST'S EMPLOYMENT DUTIES, WORK LOCATIONS, JOB TITLES AND TOOLS AND MATERIALS UTILIZED DURING THE COURSE OF EMPLOYMENT; AND (III) A COMPLETE LIST OF THE TERRORIST'S SUPERVISORS; AND (B) IN THE CASE OF A TERRORIST WHO IS A STUDENT, OR WHO EXPECTS TO BE A STUDENT: (I) THE NAME AND ADDRESS OF THE TERRORIST'S EDUCATIONAL INSTITUTION OR EXPECTED EDUCATIONAL INSTITUTION; (II) A COMPLETE DESCRIPTION OF THE TERRORIST'S CLASSES TAKEN, OR EXPECTED TO BE TAKEN, CLASSROOM LOCATIONS, AND EDUCATIONAL CREDITS; AND (III) A COMPLETE LIST OF THE TERRORIST'S PROFESSORS. 5. SUPPLEMENTAL AND VERIFICATION INFORMATION OF THE TERRORIST, INCLUD- ING: (A) AN ANNUAL UPDATE OF THE TERRORIST'S PHOTOGRAPH; AND (B) ANY OTHER ADDITIONAL AND FURTHER INFORMATION DEEMED PERTINENT BY THE DIVISION. S 169-E. REGISTRANT NOTIFICATION; STANDARDIZED REGISTRATION AND VERIFICATION FORMS. 1. REGISTRATION PACKET. THE DIVISION SHALL CREATE A NON-FORWARDABLE REGISTRATION PACKET, WHICH SHALL CONSIST OF A STANDARD- IZED REGISTRATION INFORMATION FORM, A PERSONALIZED REGISTRATION INFORMA- TION FORM, AND A STANDARDIZED REGISTRATION FORM. 2. STANDARDIZED REGISTRATION INFORMATION FORM. THE DIVISION SHALL CREATE A STANDARDIZED REGISTRATION INFORMATION FORM, IN CLEAR AND CONCISE LANGUAGE, WITH THE PURPOSE OF PROVIDING INFORMATION TO EVERY TERRORIST, REQUIRED TO REGISTER WITH THE NEW YORK STATE TERRORIST REGIS- TRY, ON THE FOLLOWING: (A) DUTY AND OBLIGATION TO REGISTER. THE STANDARDIZED REGISTRATION INFORMATION FORM SHALL PROVIDE INFORMATION CONCERNING THE REGISTRANT'S DUTY AND OBLIGATION TO REGISTER WITH THE DIVISION; (B) FURTHER DUTIES AND OBLIGATIONS OF REGISTRANTS. THE STANDARDIZED REGISTRATION INFORMATION FORM SHALL ALSO PROVIDE INFORMATION ADVISING THE REGISTRANT OF HIS OR HER DUTIES AND OBLIGATIONS UNDER THIS ARTICLE; AND (C) MANNER OF REGISTRATION. THE STANDARDIZED REGISTRATION INFORMATION FORM SHALL ADDITIONALLY PROVIDE INFORMATION CONCERNING THE MANNER AND PROCEDURES THAT A REGISTRANT SHALL BE REQUIRED TO FOLLOW, IN ORDER TO PROPERLY REGISTER IN ACCORDANCE WITH THE PROVISIONS OF THIS ARTICLE, INCLUDING: (I) DETAILED DIRECTIONS AND INFORMATION AS TO HOW TO COMPLETE THE STANDARDIZED REGISTRATION FORM; (II) DETAILED DIRECTIONS AND INFORMATION AS TO HOW THE REGISTRANT MUST APPEAR BEFORE THE LAW ENFORCEMENT AGENCY HAVING JURISDICTION, AS WELL AS INFORMATION CONCERNING THE REGISTRANT'S REQUIREMENT TO PROVIDE HIS OR HER PHOTOGRAPH, FINGERPRINTS AND A DNA SAMPLE TO SUCH LAW ENFORCEMENT AGENCY; AND (III) DETAILED DIRECTIONS AND INFORMATION CONCERNING THE REGISTRANT'S RESPONSIBILITY TO PAY A ONE HUNDRED DOLLAR REGISTRATION FEE TO THE DIVI- SION, PURSUANT TO SECTION ONE HUNDRED SIXTY-NINE-P OF THIS ARTICLE, AND THE AVAILABLE MEANS AND MANNER IN WHICH SUCH FEE SHALL BE PAID. 3. PERSONALIZED REGISTRATION INFORMATION FORM. THE DIVISION SHALL CREATE A PERSONALIZED REGISTRATION INFORMATION FORM, IN CLEAR AND CONCISE LANGUAGE, WITH THE PURPOSE OF PROVIDING INFORMATION TO EVERY S. 6405--B 22 TERRORIST REQUIRED TO REGISTER WITH THE NEW YORK STATE TERRORIST REGIS- TRY WITH DETAILED DIRECTIONS AND INFORMATION AS TO WHERE THE REGISTRANT MUST APPEAR BEFORE THE LAW ENFORCEMENT AGENCY HAVING JURISDICTION, WHICH SHALL SPECIFY THE ADDRESS, TELEPHONE NUMBER AND DESIGNATED CONTACT PERSON OF SUCH LAW ENFORCEMENT AGENCY. 4. STANDARDIZED REGISTRATION FORM. THE DIVISION SHALL CREATE A STAND- ARDIZED REGISTRATION FORM, IN CLEAR AND CONCISE LANGUAGE, WITH THE PURPOSE OF COLLECTING THE REGISTRATION INFORMATION IDENTIFIED IN SECTION ONE HUNDRED SIXTY-NINE-D OF THIS ARTICLE, FROM EVERY TERRORIST REQUIRED TO REGISTER WITH THE NEW YORK STATE TERRORIST REGISTRY. 5. VERIFICATION PACKET. THE DIVISION SHALL CREATE A NON-FORWARDABLE VERIFICATION PACKET, WHICH SHALL CONSIST OF A STANDARDIZED VERIFICATION INFORMATION FORM, A PERSONALIZED VERIFICATION INFORMATION FORM, AND A STANDARDIZED VERIFICATION FORM. 6. STANDARDIZED VERIFICATION INFORMATION FORM. THE DIVISION SHALL CREATE A STANDARDIZED VERIFICATION INFORMATION FORM, IN CLEAR AND CONCISE LANGUAGE, WITH THE PURPOSE OF PROVIDING INFORMATION TO EVERY TERRORIST, REQUIRED TO REGISTER WITH THE NEW YORK STATE TERRORIST REGIS- TRY, ON THE FOLLOWING: (A) DUTY AND OBLIGATION TO PROVIDE VERIFICATION. THE STANDARDIZED VERIFICATION INFORMATION FORM SHALL PROVIDE INFORMATION CONCERNING THE REGISTRANT'S DUTY AND OBLIGATION TO PROVIDE QUARTERLY VERIFICATION WITH THE DIVISION; (B) FURTHER DUTIES AND OBLIGATIONS OF REGISTRANTS. THE STANDARDIZED VERIFICATION INFORMATION FORM SHALL ALSO PROVIDE INFORMATION ADVISING THE REGISTRANT OF HIS OR HER DUTIES AND OBLIGATIONS UNDER THIS ARTICLE; AND (C) MANNER OF REGISTRATION. THE STANDARDIZED VERIFICATION INFORMATION FORM SHALL ADDITIONALLY PROVIDE INFORMATION CONCERNING THE MANNER AND PROCEDURES THAT A REGISTRANT SHALL BE REQUIRED TO FOLLOW, IN ORDER TO PROPERLY PROVIDE VERIFICATION IN ACCORDANCE WITH THE PROVISIONS OF THIS ARTICLE, INCLUDING: (I) DETAILED DIRECTIONS AND INFORMATION AS TO HOW TO COMPLETE THE STANDARDIZED VERIFICATION FORM; (II) DETAILED DIRECTIONS AND INFORMATION AS TO HOW TO APPEAR BEFORE THE LAW ENFORCEMENT AGENCY HAVING JURISDICTION, CONCERNING THE REGIS- TRANT'S REQUIREMENT TO ANNUALLY UPDATE HIS OR HER PHOTOGRAPH WITH SUCH LAW ENFORCEMENT AGENCY; AND (III) DETAILED DIRECTIONS AND INFORMATION CONCERNING THE TERRORIST'S RESPONSIBILITY TO PAY A TEN DOLLAR CHANGE OF ADDRESS FEE TO THE DIVI- SION, AS WELL AS A TEN DOLLAR ANNUAL UPDATED PHOTOGRAPH FEE, PURSUANT TO SECTION ONE HUNDRED SIXTY-NINE-P OF THIS ARTICLE, AND THE AVAILABLE MEANS AND MANNER IN WHICH SUCH FEE OR FEES SHALL BE PAID. 7. PERSONALIZED VERIFICATION INFORMATION FORM. THE DIVISION SHALL CREATE A PERSONALIZED VERIFICATION INFORMATION FORM, IN CLEAR AND CONCISE LANGUAGE, WITH THE PURPOSE OF PROVIDING INFORMATION TO EVERY TERRORIST REQUIRED TO REGISTER WITH THE NEW YORK STATE TERRORIST REGIS- TRY WITH DETAILED DIRECTIONS AND INFORMATION AS TO WHERE THE REGISTRANT MUST APPEAR BEFORE THE LAW ENFORCEMENT AGENCY HAVING JURISDICTION, WHICH SHALL SPECIFY THE ADDRESS, TELEPHONE NUMBER AND DESIGNATED CONTACT PERSON OF SUCH LAW ENFORCEMENT AGENCY. SUCH PERSONAL VERIFICATION INFOR- MATION INFORMATION FORM SHALL FURTHER INDICATE THE DATE BY WHICH THE REGISTRANT MUST APPEAR BEFORE THE LAW ENFORCEMENT AGENCY HAVING JURIS- DICTION TO PROVIDE SUCH UPDATED PHOTOGRAPH. 8. STANDARDIZED VERIFICATION FORM. THE DIVISION SHALL CREATE A STAND- ARDIZED VERIFICATION FORM, IN CLEAR AND CONCISE LANGUAGE, WITH THE S. 6405--B 23 PURPOSE OF COLLECTING THE QUARTERLY SUPPLEMENTAL AND VERIFICATION INFOR- MATION IDENTIFIED IN SECTION ONE HUNDRED SIXTY-NINE-D OF THIS ARTICLE, FROM EVERY TERRORIST REQUIRED TO REGISTER WITH THE NEW YORK STATE TERRORIST REGISTRY. 9. AVAILABILITY OF INFORMATION AND FORMS. IN ADDITION TO THE OTHER PROVISIONS OF THIS SECTION, THE DIVISION SHALL FURTHER MAKE INFORMATION AND FORMS AVAILABLE AS FOLLOWS: (A) THE DIVISION SHALL MAKE PAPER COPIES OF THE STANDARDIZED REGISTRA- TION INFORMATION FORM, THE STANDARDIZED REGISTRATION FORM, THE STANDARD- IZED VERIFICATION INFORMATION FORM AND THE STANDARDIZED VERIFICATION FORM AVAILABLE TO REGISTRANTS, ATTORNEYS REPRESENTING REGISTRANTS, THE UNIFIED COURT SYSTEM, THE DEPARTMENT, FEDERAL, STATE AND LOCAL LAW ENFORCEMENT, AND SUCH OTHER AND FURTHER INDIVIDUALS AND ENTITIES AS THE DIVISION DEEMS APPROPRIATE; (B) THE DIVISION SHALL FURTHER POST ELECTRONIC COPIES OF THE STANDARD- IZED REGISTRATION INFORMATION FORM, THE STANDARDIZED REGISTRATION FORM, THE STANDARDIZED VERIFICATION INFORMATION FORM AND THE STANDARDIZED VERIFICATION FORM, PRODUCED IN ACCORDANCE WITH THIS SECTION, ON THE OFFICIAL WEBSITE OF THE DIVISION, AND SUCH ELECTRONIC FORMS SHALL ALL BE IN A DOWNLOADABLE FORMAT, TO ALLOW FOR THE SUBMISSION OF A COMPLETED COPY OF SUCH FORM OR FORMS TO THE DIVISION, REGARDLESS OF WHETHER ANY SUCH FORM OR FORMS HAVE BEEN PROVIDED TO, OR RECEIVED BY, THE REGIS- TRANT, OR REGARDLESS OF WHETHER SUCH REGISTRANT HAS IN FACT RECEIVED NOTICE OF HIS OR HER DUTY AND OBLIGATION TO REGISTER AS REQUIRED BY THIS ARTICLE; AND (C) THE DIVISION SHALL ALSO MAINTAIN A TOLL FREE TELEPHONE NUMBER, WHICH SHALL BE DISPLAYED ON THE OFFICIAL WEBSITE OF THE DIVISION, TO PROVIDE, UPON REQUEST OF ANY PERSON REQUIRED TO REGISTER WITH THE NEW YORK STATE TERRORIST REGISTRY, OR THEIR REPRESENTATIVE, ALL INFORMATION THAT IS NECESSARY FOR A REGISTRANT TO COMPLETE THEIR REGISTRATION WITH THE NEW YORK STATE TERRORIST REGISTRY, OR FOR A REGISTRANT TO COMPLETE THEIR VERIFICATION, INCLUDING INFORMATION THAT WOULD BE PROVIDED IN A PERSONALIZED REGISTRATION INFORMATION FORM OR A PERSONALIZED VERIFICA- TION INFORMATION FORM. 10. ADVERTISEMENT. THE DIVISION SHALL ADVERTISE ON ITS OFFICIAL WEBSITE THAT ALL TERRORISTS ADDED TO THE NEW YORK STATE TERRORIST REGIS- TRY SHALL BE REQUIRED TO REGISTER AND PROVIDE VERIFICATION UNDER PENALTY OF LAW, AND THAT THE INFORMATION AND FORMS NECESSARY TO COMPLETE SUCH REGISTRATION AND PROVIDE SUCH VERIFICATION ARE AVAILABLE FOR DOWNLOAD ON THE DIVISION'S WEBSITE AND THAT FURTHER INFORMATION CAN BE OBTAINED FROM THE TOLL FREE TELEPHONE NUMBER ESTABLISHED IN ACCORDANCE WITH PARAGRAPH (C) OF SUBDIVISION NINE OF THIS SECTION. 11. PURPOSE OF THE REGISTRATION PACKET. THE PURPOSE OF THE NON-FOR- WARDABLE REGISTRATION PACKET CREATED IN ACCORDANCE WITH SUBDIVISION ONE OF THIS SECTION, SHALL BE TO INFORM EVERY TERRORIST ADDED TO THE NEW YORK STATE TERRORIST REGISTRY OF SUCH TERRORIST'S DUTY AND OBLIGATION TO REGISTER AS REQUIRED BY THIS ARTICLE, AND TO COLLECT THE NECESSARY INFORMATION FROM SUCH TERRORIST AS REQUIRED BY THIS ARTICLE. 12. MAILING OF REGISTRATION PACKET. THE NON-FORWARDABLE REGISTRATION PACKET, AS DEFINED IN SUBDIVISION ONE OF THIS SECTION, SHALL BE MAILED BY THE DIVISION, BY FIRST CLASS MAIL, TO THE LAST KNOWN ADDRESS OF SUCH TERRORIST, IN ACCORDANCE WITH THE TIMELINES ESTABLISHED BY SUBDIVISION FIFTEEN OF THIS SECTION. 13. PURPOSE OF THE VERIFICATION PACKET. THE PURPOSE OF THE NON-FOR- WARDABLE VERIFICATION PACKET, CREATED IN ACCORDANCE WITH SUBDIVISION FIVE OF THIS SECTION, SHALL BE TO INFORM EVERY REGISTRANT ADDED TO THE S. 6405--B 24 NEW YORK STATE TERRORIST REGISTRY OF SUCH REGISTRANT'S DUTY AND OBLI- GATION TO PROVIDE VERIFICATION AS REQUIRED BY THIS ARTICLE, AND TO COLLECT THE NECESSARY VERIFICATION INFORMATION FROM SUCH REGISTRANT AS REQUIRED BY THIS ARTICLE. 14. MAILING OF VERIFICATION PACKET. THE NON-FORWARDABLE VERIFICATION PACKET, AS DEFINED IN SUBDIVISION FIVE OF THIS SECTION, SHALL BE MAILED BY THE DIVISION, BY FIRST CLASS MAIL, TO THE LAST KNOWN ADDRESS OF SUCH REGISTRANT, IN ACCORDANCE WITH THE TIMELINES ESTABLISHED BY SUBDIVISION FIFTEEN OF THIS SECTION. 15. TIMELINES. WITH RESPECT TO THE REQUIREMENTS OF THIS ARTICLE, THE FOLLOWING TIMELINES SHALL APPLY: (A) THE MAILING REQUIRED IN ACCORDANCE WITH THE PROVISIONS OF SUBDIVI- SION TWELVE OF THIS SECTION SHALL BE COMPLETED BY THE DIVISION WITHIN TEN CALENDAR DAYS OF THE DATE ON WHICH THE DIVISION ADDS THE TERRORIST TO WHOM THE MAILING IS DIRECTED TO THE NEW YORK STATE TERRORIST REGIS- TRY; (B) THE MAILING REQUIRED IN ACCORDANCE WITH SUBDIVISION FOURTEEN OF THIS SECTION SHALL BE COMPLETED BY THE DIVISION WITHIN SEVENTY-FIVE CALENDAR DAYS OF THE DATE ON WHICH THE REGISTRANT TO WHOM THE MAILING IS DIRECTED PROVIDES THE DIVISION WITH ALL THE INFORMATION REQUIRED IN THE STANDARDIZED REGISTRATION FORM, AND THEN AGAIN, EVERY NINETY DAYS THERE- AFTER; (C) THE REGISTRANT, WITHIN TEN CALENDAR DAYS OF THE RECEIPT OF THE REGISTRATION PACKET FROM THE DIVISION, OR WITHIN THIRTY CALENDAR DAYS OF THE MAILING OF REGISTRATION PACKET BY THE DIVISION, OR WITHIN FIVE CALENDAR DAYS OF DOWNLOADING THE STANDARDIZED REGISTRATION FORM FROM THE DIVISION'S WEBSITE, OR WITHIN FIVE DAYS OF BEING PERSONALLY NOTIFIED BY THE DIVISION OR ITS REPRESENTATIVE, WHICHEVER IS EARLIER, SHALL RETURN A FULLY EXECUTED, SIGNED AND COMPLETED COPY OF THE STANDARDIZED REGISTRA- TION FORM TO THE DIVISION, EITHER BY MEANS OF UNITED STATES FIRST CLASS MAIL, OR BY MEANS OF PERSONAL DELIVERY TO THE LAW ENFORCEMENT AGENCY HAVING JURISDICTION; (D) THE REGISTRANT, WITHIN TEN CALENDAR DAYS OF THE RECEIPT OF THE VERIFICATION PACKET FROM THE DIVISION, OR WITHIN FIFTEEN CALENDAR DAYS OF THE MAILING OF VERIFICATION PACKET BY THE DIVISION, OR WITHIN FIVE CALENDAR DAYS OF DOWNLOADING THE STANDARDIZED VERIFICATION FORM FROM THE DIVISION'S WEBSITE, OR WITHIN FIVE CALENDAR DAYS OF BEING PERSONALLY NOTIFIED BY THE DIVISION OR ITS REPRESENTATIVE, WHICHEVER IS EARLIER, SHALL RETURN A FULLY EXECUTED, SIGNED AND COMPLETED COPY OF THE STAND- ARDIZED VERIFICATION FORM TO THE DIVISION, EITHER BY MEANS OF UNITED STATES FIRST CLASS MAIL, OR BY MEANS OF PERSONAL DELIVERY TO THE LAW ENFORCEMENT AGENCY HAVING JURISDICTION; (E) THE REGISTRANT, WITHIN FIFTEEN CALENDAR DAYS OF THE RECEIPT OF THE REGISTRATION PACKET FROM THE DIVISION, OR WITHIN THIRTY-FIVE CALENDAR DAYS OF THE MAILING OF REGISTRATION PACKET BY THE DIVISION, OR WITHIN TEN CALENDAR DAYS OF DOWNLOADING THE STANDARDIZED REGISTRATION FORM FROM THE DIVISION'S WEBSITE, OR WITHIN FIVE CALENDAR DAYS OF BEING PERSONALLY NOTIFIED BY THE DIVISION OR ITS REPRESENTATIVE, WHICHEVER IS EARLIER, SHALL APPEAR BEFORE THE LAW ENFORCEMENT AGENCY HAVING JURISDICTION, TO PROVIDE FINGERPRINTS, AN INITIAL PHOTOGRAPH AND A DNA SAMPLE, UNLESS SUCH REGISTRANT HAS PREVIOUSLY HAD THEIR INITIAL PHOTOGRAPH PREVIOUSLY TAKEN, AND THEIR FINGERPRINTS AND DNA SAMPLE PREVIOUSLY COLLECTED, IN ACCORDANCE WITH SUBDIVISIONS THREE AND FIVE OF SECTION ONE HUNDRED SIXTY-NINE-J OF THIS ARTICLE, OR IN ACCORDANCE WITH SUBDIVISIONS THREE AND FIVE OF SECTION ONE HUNDRED SIXTY-NINE-K OF THIS ARTICLE; AND S. 6405--B 25 (F) THE REGISTRANT SHALL ANNUALLY APPEAR BEFORE THE LAW ENFORCEMENT AGENCY HAVING JURISDICTION, NOT LATER THAN ONE YEAR AFTER, AND NOT PRIOR TO THREE HUNDRED THIRTY DAYS BEFORE, THE ANNIVERSARY DATE OF THE TAKING OR HIS OR HER INITIAL PHOTOGRAPH IN ORDER TO PROVIDE THE DIVISION WITHIN AN UPDATED PHOTOGRAPH. 16. DUTY AND OBLIGATION TO REGISTER AND PROVIDE VERIFICATION ABSOLUTE. IN NO EVENT SHALL THE FAILURE OF A TERRORIST TO RECEIVE ANY NOTICE, REGISTRATION PACKET OR VERIFICATION PACKET, OR OF THE DIVISION TO FAIL TO PROVIDE SUCH NOTICE, REGISTRATION PACKET OR VERIFICATION PACKET, OR OF THE FAILURE OF THE DIVISION TO PROVIDE SUCH NOTICE, REGISTRATION PACKET OR VERIFICATION PACKET WITHIN THE TIME REQUIRED PURSUANT TO THIS SECTION, RELIEVE ANY SUCH TERRORIST FROM ANY DUTY OR OBLIGATION REQUIRED BY THIS ARTICLE. 17. VIOLATIONS. IN THE EVENT THAT A COMPLETED STANDARDIZED REGISTRA- TION FORM OR A COMPLETED STANDARDIZED VERIFICATION FORM IS NOT RETURNED TO THE DIVISION BY A REGISTRANT WITHIN THE TIMELINES REQUIRED PURSUANT TO SUBDIVISION FIFTEEN OF THIS SECTION, THE DIVISION SHALL IMMEDIATELY NOTIFY THE DIVISION OF STATE POLICE, THE STATE DIVISION OF HOMELAND SECURITY AND EMERGENCY SERVICES, AND THE UNITED STATES DEPARTMENT OF HOMELAND SECURITY, WHEREUPON THE DIVISION OF STATE POLICE SHALL IMME- DIATELY CAUSE SUCH TERRORIST TO BE ARRESTED AND CHARGED WITH A FAILURE TO REGISTER IN ACCORDANCE WITH THIS ARTICLE, AND PURSUANT TO SECTION 490.23 OF THE PENAL LAW. 18. LATE FILINGS. THE DIVISION MAY BY REGULATION IDENTIFY CERTAIN CIRCUMSTANCES WHEN THE COMMISSIONER MAY AUTHORIZE THE LATE SUBMISSION OF A STANDARDIZED REGISTRATION FORM, A STANDARDIZED VERIFICATION FORM, OR THE LATE COLLECTION OF FINGERPRINTS, DNA SAMPLE, INITIAL PHOTOGRAPH OR UPDATED PHOTOGRAPH, BUT IN NO EVENT SHALL A LATE SUBMISSION OR LATE COLLECTION BE AUTHORIZED MORE THAN NINETY DAYS AFTER THE REGISTRANT, IF OF LEGAL CAPACITY, RECEIVED ACTUAL NOTICE, OF THEIR DUTY AND OBLIGATION TO SUBMIT OR HAVE COLLECTED SUCH STANDARDIZED REGISTRATION FORM, STAND- ARDIZED VERIFICATION FORM, FINGERPRINTS, DNA SAMPLE, INITIAL PHOTOGRAPH OR UPDATED PHOTOGRAPH. 19. REGULATIONS. THE DIVISION SHALL PROMULGATE RULES AND REGULATIONS TO IMPLEMENT THE PROVISIONS OF THIS SECTION. S 169-F. EXAMINATION OF POTENTIAL REGISTRANTS. 1. GENERALLY. THE DIVISION SHALL MAKE REGULAR EXAMINATIONS TO DETERMINE WHETHER TERRORISTS SHALL BE ADDED TO THE REGISTRY, AND UPON ANY SUCH EXAMINATION AND DETER- MINATION THAT A TERRORIST SHALL BE ADDED TO THE REGISTRY, IN ACCORDANCE WITH THE PROVISIONS OF THIS SECTION, THE DIVISION SHALL ADD SUCH TERROR- IST TO THE REGISTRY, AND SHALL NOTIFY SUCH TERRORIST PURSUANT TO SECTION ONE HUNDRED SIXTY-NINE-E OF THIS ARTICLE. 2. RELEASE NOTIFICATION. IN THE CASE OF ANY TERRORIST, IT SHALL BE THE DUTY OF THE CONFINEMENT ENTITY IN WHOSE CUSTODY SUCH TERRORIST IS HELD, AT LEAST SIXTY CALENDAR DAYS PRIOR TO THE RELEASE OF SUCH TERRORIST FROM SUCH CUSTODY, TO NOTIFY THE DIVISION, IN A FORM AND MANNER PROVIDED BY THE DIVISION, OF THE CONTEMPLATED RELEASE OR DISCHARGE OF SUCH TERROR- IST. THE NOTIFICATION PROVIDED SHALL INCLUDE THE ADDRESS AT WHICH SUCH TERRORIST PROPOSES TO RESIDE. IF SUCH TERRORIST CHANGES HIS OR HER PLACE OF RESIDENCE WHILE ON PAROLE, SUCH NOTIFICATION OF THE CHANGE OF RESI- DENCE SHALL BE SENT BY THE TERRORIST'S PAROLE OFFICER WITHIN FORTY-EIGHT HOURS TO THE DIVISION, ON A FORM AND IN A MANNER PROVIDED BY THE DIVI- SION. IN THE EVENT THAT THE CONFINEMENT ENTITY IS UNABLE TO NOTIFY THE DIVISION OF THE CONTEMPLATED RELEASE OR DISCHARGE OF SUCH TERRORIST AT LEAST SIXTY DAYS PRIOR TO SUCH RELEASE, THE CONFINEMENT ENTITY MUST S. 6405--B 26 PROVIDE AN EMERGENCY NOTIFICATION TO THE DIVISION, IN A FORM AND MANNER PROVIDED BY THE DIVISION. 3. PROBATION NOTIFICATION. IN THE CASE OF ANY TERRORIST ON PROBATION, IT SHALL BE THE DUTY OF THE TERRORIST'S PROBATION OFFICER TO NOTIFY THE DIVISION, WITHIN FORTY-EIGHT HOURS, OF ANY INITIAL OR CHANGED PLACE OF RESIDENCE OF SUCH TERRORIST, IN THE FORM AND MANNER PROVIDED BY THE DIVISION. 4. ESCAPE NOTIFICATION. IN THE EVENT THAT ANY TERRORIST ESCAPES FROM THE CUSTODY OF ANY CONFINEMENT ENTITY, THE DESIGNATED OFFICIAL OF THE CONFINEMENT ENTITY, SHALL IMMEDIATELY NOTIFY, BY TELEPHONE AND/OR EMAIL, THE DIVISION OF SUCH ESCAPE. WITHIN TWENTY-FOUR HOURS, THE CONFINEMENT ENTITY SHALL FURTHER PROVIDE THE DIVISION AND THE LAW ENFORCEMENT AGENCY HAVING JURISDICTION AT, AND IMMEDIATELY PRIOR TO, THE TIME OF THE TERRORIST'S CONFINEMENT, WITH: (A) THE NAME AND ALIASES OF THE TERRORIST; (B) THE ADDRESS AT WHICH THE TERRORIST RESIDED AT THE TIME OF HIS OR HER CONFINEMENT; (C) THE AMOUNT OF TIME REMAINING ON THE TERRORIST'S CONFINEMENT TO BE SERVED, IF ANY; (D) THE NATURE OF THE OFFENSE FOR WHICH THE TERRORIST WAS CONFINED; (E) A RECENT PHOTOGRAPH OF THE TERRORIST; AND (F) THE FINGERPRINTS OF THE TERRORIST. 5. PURPOSE. IT SHALL BE THE PURPOSE OF THE DIVISION'S EXAMINATIONS UNDER THIS SECTION TO DETERMINE WHAT TERRORISTS ARE OR WILL BE RESIDING, WORKING, OR ATTENDING EDUCATIONAL INSTITUTIONS, IN NEW YORK STATE, AND WHETHER, PURSUANT TO THE PROVISIONS OF THIS ARTICLE, SUCH TERRORISTS SHOULD BE ADDED TO THE NEW YORK STATE TERRORIST REGISTRY. 6. COMMUNICATION WITH OTHER ENTITIES. (A) IN CONDUCTING ITS EXAMINA- TIONS, PURSUANT TO THIS SECTION, TO DETERMINE WHAT TERRORISTS ARE OR WILL BE RESIDING, WORKING, OR ATTENDING EDUCATIONAL INSTITUTIONS IN NEW YORK STATE, THE DIVISION SHALL COMMUNICATE WITH THE FOLLOWING STATE ENTITIES: (I) THE DEPARTMENT; (II) THE DIVISION OF PAROLE; (III) THE OFFICE OF PROBATION AND CORRECTIONAL ALTERNATIVES; (IV) THE DEPARTMENT OF HEALTH; (V) THE DEPARTMENT OF EDUCATION; (VI) THE OFFICE OF COURT ADMINISTRATION, AND ANY COURT OF THE UNIFIED COURT SYSTEM; (VII) THE DIVISION OF STATE POLICE; (VIII) THE DIVISION OF HOMELAND SECURITY AND EMERGENCY SERVICES; AND/OR (IX) ANY OTHER STATE OR LOCAL ENTITY THE DIVISION DEEMS APPROPRIATE. (B) IN FURTHER CONDUCTING ITS EXAMINATIONS, PURSUANT TO THIS SECTION, TO DETERMINE WHAT TERRORISTS ARE OR WILL BE RESIDING, WORKING, OR ATTENDING EDUCATIONAL INSTITUTIONS, IN NEW YORK STATE, THE DIVISION SHALL ALSO COMMUNICATE WITH THE FOLLOWING FEDERAL, INTERSTATE OR INTER- NATIONAL ENTITIES: (I) THE FEDERAL BUREAU OF PRISONS; (II) THE UNITED STATE DEPARTMENT OF DEFENSE, AND ITS ARMED SERVICES BRANCHES; (III) THE UNITED STATE DEPARTMENT OF STATE; (IV) THE UNITED STATES DEPARTMENT OF JUSTICE; (V) THE UNITED STATES DEPARTMENT OF HOMELAND SECURITY; (VI) THE CENTRAL INTELLIGENCE AGENCY; (VII) THE OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE; S. 6405--B 27 (VIII) THE INTERNATIONAL CRIMINAL POLICE ORGANIZATION (INTERPOL); AND (IX) ANY OTHER FEDERAL, INTERSTATE, OR INTERNATIONAL ENTITY THE DIVI- SION DEEMS APPROPRIATE. 7. GROUNDS TO ADD A TERRORIST TO THE REGISTRY. UPON EXAMINATION IN ACCORDANCE WITH THIS SECTION, THE DIVISION SHALL ADD A TERRORIST, AS DEFINED BY SUBDIVISION ONE OF SECTION ONE HUNDRED SIXTY-NINE-B OF THIS ARTICLE, TO THE NEW YORK STATE TERRORIST REGISTRY, AND PROVIDE SUCH TERRORIST WITH NOTIFICATION THAT THEY HAVE BEEN SO ADDED TO THE REGISTRY IN ACCORDANCE WITH SECTION ONE HUNDRED SIXTY-NINE-E OF THIS ARTICLE, IF THE DIVISION DETERMINES THAT SUCH TERRORIST IS: (A) NOT PRESENTLY SUBJECT TO CONFINEMENT BUT IS CURRENTLY, HAS BEEN, OR WILL BE WITHIN THE NEXT NINETY DAYS, LIVING, WORKING OR ATTENDING AN EDUCATIONAL INSTITUTION WITHIN NEW YORK STATE, OR (B) IS PRESENTLY IN THE CUSTODY OF A CONFINEMENT ENTITY, OR IS SUBJECT TO COMMUNITY SUPERVISION OR PROBATION, AND IS SCHEDULED FOR A CONDI- TIONAL RELEASE OR ANY OTHER DISCHARGE IN NEW YORK STATE, OR (C) IS PRESENTLY IN THE CUSTODY OF A CONFINEMENT ENTITY, OR IS SUBJECT TO COMMUNITY SUPERVISION OR PROBATION, AND IS SCHEDULED FOR A CONDI- TIONAL RELEASE OR ANY OTHER DISCHARGE OUTSIDE OF NEW YORK STATE AND SUCH TERRORIST HAS EVIDENCED ANY INTENTION TO RESIDE, WORK OR ATTEND AN EDUCATIONAL INSTITUTION IN NEW YORK STATE. 8. COURT APPLICATION TO ADD A PERSON TO THE REGISTRY. UPON EXAMINATION IN ACCORDANCE WITH THIS SECTION, AND UPON A FINDING THAT THE PERSON EXAMINED MAY NOT HAVE COMMITTED A TERRORIST OFFENSE AS DEFINED IN SUBDI- VISION TWO OF SECTION ONE HUNDRED SIXTY-NINE-B OF THIS ARTICLE, OR A VERIFIABLE ACT OF TERRORISM, AS DEFINED IN SUBDIVISION THREE OF SECTION ONE HUNDRED SIXTY-NINE-B OF THIS ARTICLE, BUT IN THE JOINT DETERMINATION OF THE DIVISION AND THE DIVISION OF HOMELAND SECURITY AND EMERGENCY SERVICES, THAT SUCH PERSON NONETHELESS STILL PRESENTS A SERIOUS AND IMMEDIATE RISK OF PERFORMING, PROMOTING, SUPPORTING AND/OR FACILITATING A TERRORIST ACT AGAINST THE PEOPLE AND/OR PROPERTY OF THE STATE OF NEW YORK, THEN THE DIVISION MAY MAKE AN APPLICATION TO A SUPREME COURT, IN ACCORDANCE WITH SECTION ONE HUNDRED SIXTY-NINE-I OF THIS ARTICLE, TO ADD SUCH PERSON TO THE NEW YORK STATE TERRORIST REGISTRY, AND IF SUCH COURT ISSUES THE CERTIFICATION, THEN THE DIVISION SHALL ADD SUCH PERSON TO THE REGISTRY, AND PROVIDE SUCH PERSON WITH NOTIFICATION IN ACCORDANCE WITH SECTION ONE HUNDRED SIXTY-NINE-E OF THIS ARTICLE. 9. ADDITION TO THE REGISTRY BY COURT ORDER. WHERE A COURT OF THE UNIFIED COURT SYSTEM IN NEW YORK, ISSUES A CERTIFICATION TO ADD A PERSON TO THE NEW YORK STATE TERRORIST REGISTRY, IN ACCORDANCE WITH SECTION ONE HUNDRED SIXTY-NINE-I OF THIS ARTICLE, THEN THE DIVISION SHALL ADD SUCH PERSON TO THE REGISTRY, AND PROVIDE SUCH PERSON WITH NOTIFICATION IN ACCORDANCE WITH SECTION ONE HUNDRED SIXTY-NINE-E OF THIS ARTICLE. 10. REMOVAL FROM THE REGISTRY BY COURT ORDER. WHERE THE SUPREME COURT IN THE COUNTY WHERE A REGISTRANT RESIDES, OR THE SUPREME COURT OF ALBANY COUNTY WHERE A PERSON DOES NOT RESIDE IN NEW YORK STATE, ISSUES A DECI- SION AND/OR ORDER TO REMOVE A PERSON FROM THE NEW YORK STATE TERRORIST REGISTRY, IN ACCORDANCE WITH SECTION ONE HUNDRED SIXTY-NINE-I OF THIS ARTICLE, THEN THE DIVISION SHALL REMOVE SUCH PERSON FROM THE REGISTRY, AND PROVIDE SUCH PERSON WITH NOTIFICATION OF THEIR REMOVAL FROM THE REGISTRY, BUT THE DIVISION MAY APPEAL SUCH DECISION AND/OR ORDER, AND SUCH REMOVAL SHALL NOT BE PERFORMED BY THE DIVISION UNTIL THE FINAL APPEAL IS DECIDED IN FAVOR OF THE PERSON SEEKING REMOVAL FROM THE REGIS- TRY. S 169-G. INITIAL ASSEMBLY OF THE REGISTRY. THE DIVISION, WITHIN SIXTY DAYS OF THE EFFECTIVE DATE OF THIS ARTICLE, SHALL COMMENCE EXAMINATIONS S. 6405--B 28 AND MAKE DETERMINATIONS, IN ACCORDANCE WITH SECTION ONE HUNDRED SIXTY-NINE-F OF THIS ARTICLE, TO DETERMINE WHAT TERRORISTS SHALL BE INITIALLY ADDED TO THE REGISTRY, AND UPON SUCH EXAMINATIONS AND DETERMI- NATIONS, SHALL ADD SUCH TERRORISTS TO THE REGISTRY, AND SHALL THEREAFTER NOTIFY SUCH TERRORISTS THAT THEY HAVE BEEN ADDED TO THE REGISTRY PURSU- ANT TO SECTION ONE HUNDRED SIXTY-NINE-E OF THIS ARTICLE. S 169-H. REGISTRATION AND VERIFICATION OF TERRORISTS. 1. DUTY AND OBLIGATION TO REGISTER AND VERIFY. ANY PERSON ADDED TO THE NEW YORK STATE TERRORIST REGISTRY BY THE DIVISION, IN ACCORDANCE WITH SECTION ONE HUNDRED SIXTY-NINE-F OF THIS ARTICLE, SHALL BE REQUIRED, AND HAVE THE DUTY AND OBLIGATION TO REGISTER AND VERIFY, AND SHALL FURTHER BE REQUIRED AND HAVE THE DUTY AND OBLIGATION TO PROVIDE THE REQUIRED REGIS- TRATION AND QUARTERLY VERIFICATION INFORMATION, IN ACCORDANCE WITH THIS ARTICLE. 2. SPECIFIC DUTIES AND OBLIGATIONS. ANY TERRORIST ADDED TO THE NEW YORK STATE TERRORIST REGISTRY BY THE DIVISION SHALL BE REQUIRED, AND SHALL HAVE THE DUTY AND OBLIGATION TO: (A) REGISTER UNDER THIS ARTICLE; (B) PROVIDE THE DIVISION WITH A COMPLETED, SIGNED, STANDARDIZED REGIS- TRATION FORM, CONTAINING ALL THE REQUIRED REGISTRATION INFORMATION IN ACCORDANCE WITH SECTION ONE HUNDRED SIXTY-NINE-D OF THIS ARTICLE, WITHIN THE TIMES, AND PURSUANT TO THE MEANS OF DELIVERY, REQUIRED BY THIS ARTI- CLE; (C) UNLESS SUCH TERRORIST HAS PREVIOUSLY HAD THEIR INITIAL PHOTOGRAPH PREVIOUSLY TAKEN, IN ACCORDANCE WITH SUBDIVISIONS THREE AND FIVE OF SECTION ONE HUNDRED SIXTY-NINE-J OF THIS ARTICLE, OR IN ACCORDANCE WITH SUBDIVISIONS THREE AND FIVE OF SECTION ONE HUNDRED SIXTY-NINE-K OF THIS ARTICLE, APPEAR TO, AND BE PHOTOGRAPHED BY, THE SPECIFIED LAW ENFORCE- MENT AGENCY HAVING JURISDICTION, WITHIN THE TIMES, AND AT THE LOCATIONS, REQUIRED PURSUANT TO THIS ARTICLE; (D) UNLESS SUCH TERRORIST HAS PREVIOUSLY HAD THEIR FINGERPRINTS COLLECTED, IN ACCORDANCE WITH SUBDIVISIONS THREE AND FIVE OF SECTION ONE HUNDRED SIXTY-NINE-J OF THIS ARTICLE, OR IN ACCORDANCE WITH SUBDIVISIONS THREE AND FIVE OF SECTION ONE HUNDRED SIXTY-NINE-K OF THIS ARTICLE, APPEAR TO, AND BE FINGERPRINTED BY, THE SPECIFIED LAW ENFORCEMENT AGENCY HAVING JURISDICTION, WITHIN THE TIMES, AND AT THE LOCATIONS, REQUIRED PURSUANT TO THIS ARTICLE; (E) UNLESS SUCH TERRORIST HAS PREVIOUSLY HAD THEIR DNA SAMPLE COLLECTED, IN ACCORDANCE WITH SUBDIVISIONS THREE AND FIVE OF SECTION ONE HUNDRED SIXTY-NINE-J OF THIS ARTICLE, OR IN ACCORDANCE WITH SUBDIVISIONS THREE AND FIVE OF SECTION ONE HUNDRED SIXTY-NINE-K OF THIS ARTICLE, APPEAR TO, AND SUBMIT TO A DNA SAMPLE TAKEN BY THE SPECIFIED LAW ENFORCEMENT AGENCY HAVING JURISDICTION, WITHIN THE TIMES, AND AT THE LOCATIONS, REQUIRED PURSUANT TO THIS ARTICLE; AND (F) PROVIDE THE DIVISION WITH ANY OTHER AND FURTHER REGISTRATION INFORMATION REQUIRED BY THIS ARTICLE. 3. CONTINUING DUTIES AND OBLIGATIONS. ANY TERRORIST ADDED TO THE NEW YORK STATE TERRORIST REGISTRY BY THE DIVISION SHALL FURTHER BE REQUIRED, AND SHALL HAVE THE CONTINUING DUTY TO: (A) VERIFY UNDER THIS ARTICLE; (B) PROVIDE THE DIVISION WITH A COMPLETED, SIGNED, STANDARD VERIFICA- TION FORM, CONTAINING ALL THE REQUIRED VERIFICATION INFORMATION IN ACCORDANCE WITH SECTION ONE HUNDRED SIXTY-NINE-D OF THIS ARTICLE, WITHIN THE TIMES, AND PURSUANT TO THE MEANS OF DELIVERY, REQUIRED BY THIS ARTI- CLE; S. 6405--B 29 (C) APPEAR TO, AND BE ANNUALLY PHOTOGRAPHED BY, THE SPECIFIED LAW ENFORCEMENT AGENCY HAVING JURISDICTION, WITHIN THE TIMES, AND AT THE LOCATIONS, REQUIRED PURSUANT TO THIS ARTICLE; AND (D) PROVIDE THE DIVISION WITH ANY OTHER AND FURTHER VERIFICATION INFORMATION REQUIRED BY THIS ARTICLE. 4. DISCONTINUED DUTIES AND OBLIGATIONS. THE DUTY TO REGISTER AND/OR VERIFY UNDER THE PROVISIONS OF THIS ARTICLE SHALL NOT BE APPLICABLE TO ANY PERSON WHOSE CONVICTION WAS REVERSED UPON APPEAL OR WHO WAS PARDONED BY THE GOVERNOR OR THE PRESIDENT FOR THE OFFENSE WHICH WAS THE REASON THE DIVISION ADDED SUCH PERSON TO THE NEW YORK STATE TERRORIST REGISTRY. 5. CHANGE OF ADDRESS. ANY TERRORIST ADDED TO THE NEW YORK STATE TERRORIST REGISTRY SHALL, IN ADDITION TO ANY OTHER INFORMATION REQUIRED BY THIS ARTICLE, REGISTER HIS OR HER CURRENT RESIDENTIAL ADDRESS, AND THE ADDRESS OF HIS OR HER PLACE OF EMPLOYMENT OR EDUCATIONAL INSTITUTION ATTENDED, WITH THE DIVISION, AND SHALL NOTIFY THE DIVISION OF ANY CHANGE OF RESIDENCE, EMPLOYMENT OR EDUCATIONAL INSTITUTION ADDRESS IN ACCORD- ANCE WITH THE PROVISIONS OF THIS ARTICLE. S 169-I. DUTIES OF THE COURT. 1. CERTIFICATION OF TERRORIST. (A) UPON CONVICTION OF ANY OF THE OFFENSES SET FORTH IN ARTICLE FOUR HUNDRED NINETY OF THE PENAL LAW, THE COURT SHALL CERTIFY THAT THE PERSON IS A TERRORIST, AND SHALL INCLUDE THE CERTIFICATION IN THE ORDER OF COMMIT- MENT, IF ANY, AND JUDGMENT OF CONVICTION, AND SHALL ADDITIONALLY DIRECT THE DIVISION TO ADD SUCH PERSON, SO CONVICTED, TO THE NEW YORK STATE TERRORIST REGISTRY. (B) IF THE PERSON CERTIFIED AS THE REGISTRANT IS PRESENT IN COURT, THEN THE COURT SHALL ADVISE SUCH PERSON OF HIS OR HER DUTIES AND OBLI- GATIONS UNDER THIS ARTICLE, BUT IN THE EVENT OF HIS OR HER ABSENCE FROM COURT, THE COURT SHALL DIRECT THE DIVISION TO MAIL SUCH TERRORIST A REGISTRATION PACKET IN ACCORDANCE WITH THE PROVISIONS OF SECTION ONE HUNDRED SIXTY-NINE-E OF THIS ARTICLE. (C) ANY FAILURE OF THE COURT TO INCLUDE THE CERTIFICATION IN THE ORDER OF COMMITMENT OR THE JUDGMENT OF CONVICTION SHALL NOT RELIEVE A TERROR- IST OF THE DUTIES AND OBLIGATIONS IMPOSED BY THIS ARTICLE, NOR PROHIBIT THE DIVISION FROM ADDING SUCH PERSON TO THE NEW YORK STATE TERRORIST REGISTRY IN ACCORDANCE WITH THE PROVISIONS OF THIS ARTICLE. (D) ANY PERSON WHO A COURT CERTIFIES AS A REGISTRANT, WHO IS RELEASED ON PROBATION OR DISCHARGED UPON PAYMENT OF A FINE, CONDITIONAL DISCHARGE OR UNCONDITIONAL DISCHARGE, SHALL, PRIOR TO SUCH RELEASE OR DISCHARGE, BE INFORMED OF HIS OR HER DUTY AND OBLIGATION TO REGISTER UNDER THIS ARTICLE BY THE COURT IN WHICH HE OR SHE WAS CONVICTED, AND AT THE TIME SENTENCE IS IMPOSED, SUCH TERRORIST SHALL REGISTER WITH THE DIVISION ON THE STANDARDIZED REGISTRATION FORM PREPARED BY THE DIVISION IN ACCORD- ANCE WITH THIS ARTICLE AS FOLLOWS: (I) THE COURT SHALL REQUIRE THE TERRORIST TO READ AND COMPLETE THE STANDARDIZED REGISTRATION FORM, SIGN THE SAME IN THE PRESENCE OF THE COURT, AND SUBMIT SUCH COMPLETED DOCUMENT BACK TO THE COURT; (II) UPON COMPLETION OF THE STANDARDIZED REGISTRATION FORM, THE COURT SHALL GIVE ONE COPY OF SUCH FORM TO THE TERRORIST, AND SHALL DIRECT THE IMMEDIATE TRANSMISSION OF THE ORIGINAL COMPLETED AND SIGNED STANDARDIZED REGISTRATION FORM TO THE DIVISION, WHICH SHALL, UPON RECEIPT OF SUCH FORM, ADD SUCH PERSON TO THE REGISTRY AND FORWARD THE INFORMATION COLLECTED TO THE LAW ENFORCEMENT AGENCIES HAVING JURISDICTION, IN ACCORDANCE WITH THIS ARTICLE; (III) THE COURT SHALL FURTHER NOTIFY THE TERRORIST THAT WITHIN FIVE CALENDAR DAYS, SUCH TERRORIST SHALL APPEAR BEFORE THE LAW ENFORCEMENT AGENCY HAVING JURISDICTION, OR THE OFFICE OF PROBATION AND CORRECTIONAL S. 6405--B 30 ALTERNATIVES, TO PROVIDE FINGERPRINTS, AN INITIAL PHOTOGRAPH AND A DNA SAMPLE; AND (IV) FROM THE COMPLETED STANDARDIZED REGISTRATION FORM, THE COURT SHALL PLACE UPON THE RECORD THE FACT THAT THE TERRORIST SHALL BE ADDED TO THE NEW YORK STATE TERRORIST REGISTRY, AND THE ADDRESS WHERE THE TERRORIST WILL BE DEEMED TO RESIDE UPON HIS OR HER RELEASE. (E) ANY PERSON WHO A COURT CERTIFIES AS A REGISTRANT, WHO IS NOT PRES- ENT IN THE COURT AT THE TIME OF THE ISSUANCE OF ORDER PROVIDING FOR SUCH CERTIFICATION, SHALL BE ADDED BY THE DIVISION TO THE NEW YORK STATE TERRORIST REGISTRY, AND SHALL REGISTER WITH THE DIVISION, AND PROVIDE ALL REQUIRED INFORMATION, TOGETHER WITH THE DNA SAMPLE, FINGERPRINTS AND INITIAL PHOTOGRAPH, IN ACCORDANCE WITH THE PROVISIONS AND TIMELINES OF SECTION ONE HUNDRED SIXTY-NINE-E OF THIS ARTICLE. 2. APPLICATION TO ADD A PERSON TO THE REGISTRY. (A) COURT ORDER. IN ACCORDANCE WITH SUBDIVISION EIGHT OF SECTION ONE HUNDRED SIXTY-NINE-F OF THIS ARTICLE, THE DIVISION, AFTER EXAMINATION, MAY PETITION THE SUPREME COURT, ON NOTICE TO THE PERSON WHO IS THE SUBJECT OF THE INVESTIGATION BY MAILING A COPY OF THE PETITION TO THE LAST KNOWN ADDRESS OF SUCH PERSON, FOR A CERTIFICATION THAT SUCH PERSON THAT IS THE SUBJECT OF SUCH EXAMINATION IN THE JOINT DETERMINATION OF THE DIVISION AND THE DIVISION OF HOMELAND SECURITY AND EMERGENCY SERVICES, PRESENTS A SERIOUS AND IMMEDIATE RISK OF PERFORMING, PROMOTING, SUPPORTING AND/OR FACILITATING A TERRORIST ACT AGAINST THE PEOPLE AND/OR PROPERTY OF THE STATE OF NEW YORK, AND THAT A CERTIFICATION SHOULD BE ISSUED TO ADD SUCH PERSON TO THE NEW YORK STATE TERRORIST REGISTRY. IF THE COURT ISSUES THE CERTIF- ICATION REQUESTED UNDER THIS SUBDIVISION, THEN THE DIVISION SHALL ADD SUCH PERSON TO THE NEW YORK STATE TERRORIST REGISTRY, AND PROVIDE SUCH PERSON WITH NOTIFICATION IN ACCORDANCE WITH SECTION ONE HUNDRED SIXTY-NINE-E OF THIS ARTICLE. (B) APPEALS. THE DIVISION MAY APPEAL ANY DECISION AND/OR ORDER WHERE THE COURT DENIES A CERTIFICATION SOUGHT UNDER THIS SUBDIVISION AND FAILS TO DIRECT THE DIVISION TO ADD THE PERSON WHO IS THE SUBJECT OF THE APPLICATION TO THE NEW YORK STATE TERRORIST REGISTRY. AN APPEAL OF SUCH DENIAL SHALL GO, AS OF RIGHT, TO THE COURT OF APPEALS, WHICH SHALL HEAR SUCH APPEAL WITHIN NINETY DAYS OF THE ISSUANCE OF THE DECISION OR THE ENTRY OF THE ORDER DENYING THE CERTIFICATION SOUGHT BY THE DIVISION IN ACCORDANCE WITH THIS SUBDIVISION, WHICHEVER IS EARLIER. ANY PERSON WHOM THE COURT DIRECTS SHALL HAVE THEIR NAME ADDED TO THE REGISTRY MAY ALSO APPEAL SUCH DECISION AND/OR ORDER. AN APPEAL OF SUCH DECISION AND/OR ORDER ADDING SUCH PERSON TO THE REGISTRY BY THE PERSON WHOSE NAME WOULD BE SO ADDED SHALL GO, AS OF RIGHT, TO THE APPELLATE DIVISION IN THE DEPARTMENT IN WHICH SUCH PERSON SO RESIDES, OR IF SUCH PERSON DOES NOT RESIDE IN NEW YORK STATE, TO THE APPELLATE DIVISION OF THE THIRD DEPART- MENT, WHICH SUCH APPELLATE DIVISION SHALL HEAR SUCH APPEAL WITHIN NINETY DAYS OF THE ISSUANCE OF THE DECISION OR THE ENTRY OF THE ORDER ISSUING THE CERTIFICATION SOUGHT IN ACCORDANCE WITH THIS SECTION, WHICHEVER IS EARLIER. 3. APPLICATION TO REMOVE A PERSON FROM THE REGISTRY. ANY PERSON ADDED BY THE DIVISION TO THE NEW YORK STATE TERRORIST REGISTRY MAY SEEK AN ORDER OF THE SUPREME COURT IN THE COUNTY WHERE SUCH REGISTRANT RESIDES, OR THE SUPREME COURT OF THE COUNTY OF ALBANY IF SUCH REGISTRANT DOES NOT RESIDE IN THE STATE OF NEW YORK, TO HAVE THEIR NAME AND INFORMATION REMOVED FROM THE REGISTRY AS FOLLOWS: (A) GROUNDS FOR ORDER OF REMOVAL. THAT IN ORDER TO ISSUE AN ORDER TO REMOVE THE REGISTRANT AND THEIR INFORMATION FROM THE NEW YORK STATE TERRORIST REGISTRY, THE COURT MUST FIND CONSIDERABLE GROUNDS THAT: S. 6405--B 31 (I) THE NATURE AND CIRCUMSTANCES OF THE OFFENSE OR INCIDENT CAUSING THE PERSON TO BE DEFINED AS A TERRORIST DOES NOT MERIT THE PERSON'S NAME AND INFORMATION BEING ADDED TO THE REGISTRY; (II) THE HISTORY AND CHARACTER OF SUCH PERSON DOES NOT MERIT THE PERSON'S NAME AND INFORMATION BEING ADDED TO THE REGISTRY; (III) THE DIVISION, IN ADDING SUCH PERSON'S NAME TO THE REGISTRY ACTED IN AN ARBITRARY AND CAPRICIOUS MANNER, FAILED TO COMPLY WITH THE PROVISIONS OF THIS ARTICLE AND/OR THE PAST ACTIONS AND CURRENT BEHAVIOR OF THE REGISTRANT DOES NOT MERIT HIS OR HER REGISTRATION FOR ANY REASON; AND (IV) THE COURT IS OF THE OPINION THAT SUCH REGISTRATION WOULD BE UNDU- LY HARSH AND INAPPROPRIATE. (B) REMOVAL OF PERSON FROM THE REGISTRY. THAT WHERE THE SUPREME COURT FINDS THE CONSIDERABLE GROUNDS REQUIRED IN PARAGRAPH (A) OF THIS SUBDI- VISION, AND ISSUES AN ORDER TO REMOVE A PERSON FROM THE NEW YORK STATE TERRORIST REGISTRY, THE DIVISION SHALL, IN ACCORDANCE WITH THIS PARA- GRAPH AND PARAGRAPH (C) OF THIS SUBDIVISION, REMOVE SUCH PERSON FROM THE REGISTRY, AND PROVIDE SUCH PERSON WITH NOTIFICATION OF THEIR REMOVAL FROM THE REGISTRY. (C) APPEALS. THE DIVISION MAY APPEAL ANY DECISION AND/OR ORDER WHERE THE COURT DIRECTS THE DIVISION TO REMOVE A PERSON FROM THE NEW YORK STATE TERRORIST REGISTRY. AN APPEAL OF SUCH DECISION AND/OR ORDER SHALL GO, AS OF RIGHT, TO THE COURT OF APPEALS WHICH SHALL HEAR SUCH APPEAL WITHIN NINETY DAYS OF THE ISSUANCE OF THE DECISION OR THE ENTRY OF THE ORDER DIRECTING THE DIVISION TO REMOVE SUCH PERSON FROM THE REGISTRY, WHICHEVER IS EARLIER. WHERE THE DIVISION APPEALS AN ORDER TO REMOVE A PERSON FROM THE NEW YORK STATE TERRORIST REGISTRY, SUCH REMOVAL SHALL NOT BE PERFORMED BY THE DIVISION UNTIL THE FINAL APPEAL IS DECIDED IN FAVOR OF THE PERSON SEEKING SUCH REMOVAL. ANY PERSON TO WHOM THE COURT DENIES A PETITION TO HAVE THEIR NAME REMOVED FROM THE NEW YORK STATE TERRORIST REGISTRY MAY ALSO APPEAL SUCH DECISION AND/OR ORDER. AN APPEAL OF SUCH DECISION AND/OR ORDER DENYING THE PETITION TO REMOVE SUCH PERSON FROM THE REGISTRY BY THE PERSON SEEKING TO HAVE THEIR NAME REMOVED SHALL GO, AS OF RIGHT, TO THE APPELLATE DIVISION IN THE DEPARTMENT IN WHICH SUCH PERSON SO RESIDES, OR IF SUCH PERSON DOES NOT RESIDE IN NEW YORK STATE, TO THE APPELLATE DIVISION OF THE THIRD DEPARTMENT, WHICH SUCH APPELLATE DIVISION SHALL HEAR SUCH APPEAL WITHIN NINETY DAYS OF THE ISSUANCE OF THE DECISION OR ENTRY OF THE ORDER DENYING THE PETITION SOUGHT IN ACCORDANCE WITH THIS SECTION, WHICHEVER IS EARLIER. S 169-J. RESPONSIBILITIES OF A CONFINEMENT ENTITY PRIOR TO DISCHARGE OF A TERRORIST. 1. NOTIFICATION OF THE DIVISION. FOR EVERY TERRORIST, AS DEFINED IN SUBDIVISION ONE OF SECTION ONE HUNDRED SIXTY-NINE-B OF THIS ARTICLE, WITHIN ITS CUSTODY, THE CONFINEMENT ENTITY, AS DEFINED IN SUBDIVISION EIGHTEEN OF SECTION ONE HUNDRED SIXTY-NINE-B OF THIS ARTI- CLE, SHALL NOTIFY THE DIVISION, IN A FORM AND MANNER PROVIDED FOR BY THE DIVISION, OF CERTAIN INFORMATION ON SUCH TERRORIST, INCLUDING, BUT NOT LIMITED TO, THE TERRORIST'S NAME, THE ADDRESS OF THE TERRORIST PRIOR TO CONFINEMENT, THE EXPECTED LENGTH OF CONFINEMENT OF THE TERRORIST, AND THE DATE OF EXPECTED RELEASE OF THE TERRORIST FROM THE FACILITY MAIN- TAINED BY THE CONFINEMENT ENTITY. THE NOTIFICATION REQUIRED BY THIS SUBDIVISION SHALL TAKE PLACE WITHIN THIRTY DAYS OF THE EFFECTIVE DATE OF THIS ARTICLE, OR IF THE CONFINEMENT ENTITY TAKES CUSTODY OF SUCH TERROR- IST AFTER THE EFFECTIVE DATE OF THIS ARTICLE, THEN SUCH NOTICE SHALL TAKE PLACE WITHIN THIRTY DAYS OF THE COMMENCEMENT OF THE DATE OF SUCH CUSTODY OF SUCH TERRORIST. S. 6405--B 32 2. NOTIFICATION OF DUTY AND OBLIGATION TO REGISTER. FOR EVERY TERROR- IST, AS DEFINED IN SUBDIVISION ONE OF SECTION ONE HUNDRED SIXTY-NINE-B OF THIS ARTICLE, WITHIN ITS CUSTODY, THE CONFINEMENT ENTITY, AS DEFINED IN SUBDIVISION EIGHTEEN OF SECTION ONE HUNDRED SIXTY-NINE-B OF THIS ARTICLE, SHALL INFORM SUCH TERRORIST OF THEIR DUTY AND OBLIGATION TO REGISTER UNDER THIS ARTICLE. SUCH NOTIFICATION SHALL BE IN A FORM AND MANNER PROVIDED BY THE DIVISION. THE FAILURE OF THE DIVISION, OR OF THE CONFINEMENT ENTITY, TO PROVIDE, OR THE FAILURE OF THE TERRORIST TO RECEIVE, SUCH NOTICE, SHALL NOT RELIEVE THE TERRORIST OF ANY DUTY AND/OR OBLIGATION UNDER THIS ARTICLE. THE NOTIFICATION REQUIRED BY THIS SUBDI- VISION SHALL TAKE PLACE NOT LESS THAN SIXTY CALENDAR DAYS PRIOR TO THE RELEASE, DISCHARGE, PAROLE, RELEASE TO POST-RELEASE SUPERVISION OR ANY OTHER RELEASE, OF THE TERRORIST, FROM THE CUSTODY OF THE CONFINEMENT ENTITY, BUT IN THE EVENT THE CONFINEMENT ENTITY IS UNABLE TO NOTIFY THE TERRORIST AT LEAST SIXTY DAYS PRIOR TO SUCH RELEASE, DISCHARGE, PAROLE, RELEASE TO POST-RELEASE SUPERVISION OR ANY OTHER RELEASE, AS REQUIRED BY THIS SUBDIVISION, THE CONFINEMENT ENTITY SHALL PROVIDE AN EMERGENCY NOTIFICATION TO THE TERRORIST, IN A FORM AND MANNER BY THE DIVISION. 3. REGISTRATION AT THE FACILITY. IMMEDIATELY AFTER PROVIDING THE TERRORIST WITH THE NOTIFICATION REQUIRED PURSUANT TO SUBDIVISION TWO OF THIS SECTION, THE CONFINEMENT ENTITY SHALL PRESENT EVERY TERRORIST IN THEIR CUSTODY WHO HAS NOT PREVIOUSLY REGISTERED WITH THE NEW YORK STATE TERRORIST REGISTRY WITH A REGISTRATION PACKET AS DEFINED IN SUBDIVISION ONE OF SECTION ONE HUNDRED SIXTY-NINE-E OF THIS ARTICLE, AS PROVIDED BY THE DIVISION, AND SHALL FURTHER ARRANGE TO HAVE SUCH PACKET READ AND EXPLAINED TO THE TERRORIST, AND AFTER SUCH READING AND EXPLANATION, SHALL ADDITIONALLY REQUIRE THE TERRORIST TO: (A) COMPLETE AND SIGN THE STANDARDIZED REGISTRATION FORM CONTAINED WITHIN SUCH REGISTRATION PACKET; (B) PRESENT HIMSELF OR HERSELF FOR THE TAKING OF AN INITIAL REGISTRA- TION PHOTOGRAPH; (C) PRESENT HIMSELF OR HERSELF FOR THE TAKING OF A COMPLETE SET OF FINGERPRINTS; AND (D) PRESENT HIMSELF OR HERSELF FOR THE TAKING OF A DNA SAMPLE. 4. FAILURE OF A TERRORIST TO REGISTER. NO CONFINEMENT ENTITY SHALL RELEASE, DISCHARGE, PAROLE, RELEASE TO POST-RELEASE SUPERVISION, OR PROVIDE ANY OTHER RELEASE FOR ANY TERRORIST REQUIRED TO REGISTER UNDER THIS ARTICLE, WHO HAS NOT PREVIOUSLY REGISTERED WITH THE NEW YORK STATE TERRORIST REGISTRY, WITHOUT FIRST OBTAINING A COMPLETED AND SIGNED STANDARDIZED REGISTRATION FORM, AN INITIAL PHOTOGRAPH, A COMPLETE SET OF FINGERPRINTS, AND A DNA SAMPLE FROM SUCH TERRORIST PURSUANT TO SUBDIVI- SION THREE OF THIS SECTION. 5. SATISFACTION OF DUTY TO INITIALLY APPEAR BEFORE LAW ENFORCEMENT AGENCY HAVING JURISDICTION. THE COLLECTION BY THE CONFINEMENT ENTITY OF THE INITIAL PHOTOGRAPH, THE COMPLETE SET OF FINGERPRINTS, AND THE DNA SAMPLE FROM THE TERRORIST IN ACCORDANCE WITH SUBDIVISION THREE OF THIS SECTION, SHALL RELIEVE THE TERRORIST FROM THEIR DUTY TO INITIALLY APPEAR BEFORE THE LAW ENFORCEMENT AGENCY HAVING JURISDICTION FOR THE COLLECTION OF THE INITIAL PHOTOGRAPH, THE COMPLETE SET OF FINGERPRINTS, AND THE DNA SAMPLE, BUT SHALL NOT RELIEVE SUCH TERRORIST FROM THEIR DUTY TO PAY, WITHIN FIFTEEN DAYS OF RELEASE FROM THE CONFINEMENT ENTITY, THE ONE HUNDRED DOLLAR FEE REQUIRED PURSUANT TO SECTION ONE HUNDRED SIXTY-NINE-P OF THIS ARTICLE, OR THE DUTY TO APPEAR BEFORE SUCH LAW ENFORCEMENT AGEN- CY HAVING JURISDICTION FOR THE PURPOSE OF PROVIDING A CHANGE OF ADDRESS FORM, OR THE DUTY TO APPEAR OR RE-APPEAR BEFORE SUCH LAW ENFORCEMENT S. 6405--B 33 AGENCY HAVING JURISDICTION FOR THE PURPOSE OF PROVIDING AN ANNUAL UPDATE TO THE TERRORIST'S INITIAL PHOTOGRAPH. 6. RECORDING OF ADDRESS. UPON THE COMPLETION OF THE STANDARDIZED REGISTRATION FORM BY THE TERRORIST, THE CONFINEMENT ENTITY SHALL IMME- DIATELY RECORD FROM SUCH STANDARDIZED REGISTRATION FORM, THE ADDRESS WHERE THE TERRORIST EXPECTS TO RESIDE UPON HIS OR HER DISCHARGE, PAROLE, RELEASE TO POST-RELEASE SUPERVISION OR ANY OTHER RELEASE, AND SHALL KEEP AND MAINTAIN A RECORD OF SUCH ADDRESS. 7. TRANSMISSION OF THE STANDARDIZED REGISTRATION FORM. UPON THE COMPLETION OF THE STANDARDIZED REGISTRATION FORM BY THE TERRORIST IN ACCORDANCE WITH SUBDIVISION THREE OF THIS SECTION, THE CONFINEMENT ENTI- TY SHALL IMMEDIATELY GIVE ONE COPY OF THE COMPLETED AND SIGNED STANDARD- IZED REGISTRATION FORM TO THE TERRORIST, MAINTAIN ONE COPY OF SUCH COMPLETED AND SIGNED FORM FOR THE CONFINEMENT ENTITY'S OWN RECORDS, AND SHALL FURTHER IMMEDIATELY TRANSMIT TO THE DIVISION, BY THE MEANS AND MANNER PROVIDED BY THE DIVISION, THE ORIGINAL COMPLETED AND SIGNED STANDARDIZED REGISTRATION FORM. 8. TRANSMISSION OF THE REGISTRATION MATERIALS. UPON THE COLLECTION OF THE INITIAL PHOTOGRAPH, THE COMPLETE SET OF FINGERPRINTS, AND THE DNA SAMPLE FROM THE TERRORIST IN ACCORDANCE WITH SUBDIVISION THREE OF THIS SECTION, THE CONFINEMENT ENTITY SHALL IMMEDIATELY TRANSMIT TO THE DIVI- SION THE INITIAL PHOTOGRAPH, THE COMPLETE SET OF FINGERPRINTS, AND THE DNA SAMPLE, BY THE MEANS AND MANNER PROVIDED BY THE DIVISION. 9. CONVICTION DATA AND PERSONAL INFORMATION. AT ANY TIME AFTER THE EFFECTIVE DATE OF THIS ARTICLE, THE DIVISION MAY REQUEST, AND THE CONFINEMENT ENTITY SHALL THEN IMMEDIATELY PROVIDE AND TRANSMIT TO THE DIVISION, ANY AND ALL THE CONVICTION DATA AND PERSONAL INFORMATION OF ANY TERRORIST, AS DEFINED IN SUBDIVISION ONE OF SECTION ONE HUNDRED SIXTY-NINE-B OF THIS ARTICLE, WITHIN THE CUSTODY OF THE CONFINEMENT ENTITY. 10. SHARING OF CONVICTION DATA AND PERSONAL INFORMATION. UPON RECEIPT OF THE CONVICTION DATA AND PERSONAL INFORMATION OF THE TERRORIST IN ACCORDANCE WITH SUBDIVISION NINE OF THIS SECTION, THE DIVISION SHALL IMMEDIATELY TRANSMIT SUCH CONVICTION DATA AND PERSONAL INFORMATION TO THE DIVISION OF HOMELAND SECURITY AND EMERGENCY SERVICES, THE FEDERAL BUREAU OF INVESTIGATION, AND THE UNITED STATES DEPARTMENT OF HOMELAND SECURITY. S 169-K. RESPONSIBILITIES DURING COMMUNITY SUPERVISION OR PROBATION. 1. NOTIFICATION OF THE DIVISION. FOR EVERY TERRORIST, AS DEFINED IN SUBDIVISION ONE OF SECTION ONE HUNDRED SIXTY-NINE-B OF THIS ARTICLE, ON COMMUNITY SUPERVISION OR PROBATION, THE DEPARTMENT OR OFFICE OF PROBATION AND CORRECTIONAL ALTERNATIVES SHALL NOTIFY THE DIVISION, IN A FORM AND MANNER PROVIDED FOR BY THE DIVISION, OF CERTAIN INFORMATION ON SUCH TERRORIST, INCLUDING, BUT NOT LIMITED TO, THE TERRORIST'S NAME, THE ADDRESS OF THE TERRORIST PRIOR TO THE COMMUNITY SUPERVISION OR PROBATION, THE CURRENT ADDRESS OF THE TERRORIST, THE EXPECTED LENGTH OF COMMUNITY SUPERVISION OR PROBATION OF THE TERRORIST, AND THE DATE OF EXPECTED RELEASE OF THE TERRORIST FROM THE COMMUNITY SUPERVISION OR PROBATION. THE NOTIFICATION REQUIRED BY THIS SUBDIVISION SHALL TAKE PLACE WITHIN THIRTY DAYS OF THE EFFECTIVE DATE OF THIS ARTICLE, OR IF THE TERRORIST COMMENCES COMMUNITY SUPERVISION OR PROBATION AFTER THE EFFECTIVE DATE OF THIS ARTICLE, THEN SUCH NOTICE SHALL TAKE PLACE WITHIN THIRTY DAYS OF THE COMMENCEMENT OF THE DATE OF SUCH COMMUNITY SUPER- VISION OR PROBATION. 2. NOTIFICATION OF DUTY AND OBLIGATION TO REGISTER. FOR EVERY TERROR- IST, AS DEFINED IN SUBDIVISION ONE OF SECTION ONE HUNDRED SIXTY-NINE-B S. 6405--B 34 OF THIS ARTICLE, ON COMMUNITY SUPERVISION OR PROBATION, THE DEPARTMENT OR OFFICE OF PROBATION AND CORRECTIONAL ALTERNATIVES SHALL INFORM SUCH TERRORIST OF THEIR DUTY AND OBLIGATION TO REGISTER UNDER THIS ARTICLE. SUCH NOTIFICATION SHALL BE IN A FORM AND MANNER PROVIDED BY THE DIVI- SION. THE FAILURE OF THE DIVISION, OR OF THE DEPARTMENT OR OFFICE OF PROBATION AND CORRECTIONAL ALTERNATIVES, TO PROVIDE, OR THE FAILURE OF THE TERRORIST TO RECEIVE, SUCH NOTICE, SHALL NOT RELIEVE THE TERRORIST OF ANY DUTY AND/OR OBLIGATION UNDER THIS ARTICLE. THE NOTIFICATION REQUIRED BY THIS SUBDIVISION SHALL TAKE PLACE NOT LESS THAN THIRTY CALENDAR DAYS AFTER THE EFFECTIVE DATE OF THIS ARTICLE, BUT IN THE EVENT THE DEPARTMENT OR OFFICE OF PROBATION AND CORRECTIONAL ALTERNATIVES IS UNABLE TO NOTIFY THE TERRORIST AS REQUIRED BY THIS SUBDIVISION, THE DEPARTMENT OR OFFICE OF PROBATION AND CORRECTIONAL ALTERNATIVES SHALL PROVIDE AN EMERGENCY NOTIFICATION TO THE TERRORIST, IN A FORM AND MANNER PROVIDED BY THE DIVISION. 3. REGISTRATION BY THE DEPARTMENT OR OFFICE OF PROBATION AND CORREC- TIONAL ALTERNATIVES. IMMEDIATELY AFTER PROVIDING THE TERRORIST WITH THE NOTIFICATION REQUIRED PURSUANT TO SUBDIVISION TWO OF THIS SECTION, THE DEPARTMENT OR OFFICE OF PROBATION AND CORRECTIONAL ALTERNATIVES SHALL PRESENT EVERY TERRORIST, AS DEFINED IN SUBDIVISION ONE OF SECTION ONE HUNDRED SIXTY-NINE-B OF THIS ARTICLE, ON COMMUNITY SUPERVISION OR PROBATION, WHO HAS NOT PREVIOUSLY REGISTERED WITH THE NEW YORK STATE TERRORIST REGISTRY, WITH A REGISTRATION PACKET, AS DEFINED IN SUBDIVI- SION ONE OF SECTION ONE HUNDRED SIXTY-NINE-E OF THIS ARTICLE, AS PROVIDED BY THE DIVISION, AND SHALL FURTHER ARRANGE TO HAVE SUCH PACKET READ AND EXPLAINED TO THE TERRORIST, AND AFTER SUCH READING AND EXPLANA- TION, SHALL ADDITIONALLY REQUIRE THE TERRORIST TO: (A) COMPLETE AND SIGN THE STANDARDIZED REGISTRATION FORM CONTAINED WITHIN SUCH REGISTRATION PACKET; (B) PRESENT HIMSELF OR HERSELF FOR THE TAKING OF AN INITIAL REGISTRA- TION PHOTOGRAPH; (C) PRESENT HIMSELF OR HERSELF FOR THE TAKING OF A COMPLETE SET OF FINGERPRINTS; AND (D) PRESENT HIMSELF OR HERSELF FOR THE TAKING OF A DNA SAMPLE. 4. FAILURE OF A TERRORIST TO REGISTER. NEITHER THE DEPARTMENT NOR THE OFFICE OF PROBATION AND CORRECTIONAL ALTERNATIVES SHALL RELEASE OR DISCHARGE FROM PROBATION OR COMMUNITY SUPERVISION ANY TERRORIST REQUIRED TO REGISTER UNDER THIS ARTICLE WHO HAS NOT PREVIOUSLY REGISTERED WITH THE NEW YORK STATE TERRORIST REGISTRY, WITHOUT FIRST OBTAINING A COMPLETED AND SIGNED STANDARDIZED REGISTRATION FORM, AN INITIAL PHOTO- GRAPH, A COMPLETE SET OF FINGERPRINTS, AND A DNA SAMPLE, FROM SUCH TERRORIST PURSUANT TO SUBDIVISION THREE OF THIS SECTION. 5. SATISFACTION OF DUTY TO INITIALLY APPEAR BEFORE LAW ENFORCEMENT AGENCY HAVING JURISDICTION. THE COLLECTION BY THE DEPARTMENT OR THE OFFICE OF PROBATION AND CORRECTIONAL ALTERNATIVES, OF THE INITIAL PHOTO- GRAPH, THE COMPLETE SET OF FINGERPRINTS, AND THE DNA SAMPLE, FROM THE TERRORIST, IN ACCORDANCE WITH SUBDIVISION THREE OF THIS SECTION, SHALL RELIEVE THE TERRORIST FROM THEIR DUTY TO INITIALLY APPEAR BEFORE THE LAW ENFORCEMENT AGENCY HAVING JURISDICTION, FOR THE COLLECTION OF THE INITIAL PHOTOGRAPH, THE COMPLETE SET OF FINGERPRINTS, AND THE DNA SAMPLE, BUT SHALL NOT RELIEVE SUCH TERRORIST FROM THEIR DUTY TO PAY, WITHIN FIFTEEN DAYS OF RELEASE FROM PROBATION OR COMMUNITY SUPERVISION, THE ONE HUNDRED DOLLAR FEE REQUIRED PURSUANT TO SECTION ONE HUNDRED SIXTY-NINE-P OF THIS ARTICLE, OR THE DUTY TO APPEAR BEFORE SUCH LAW ENFORCEMENT AGENCY HAVING JURISDICTION FOR THE PURPOSE OF PROVIDING A CHANGE OF ADDRESS FORM, OR THE DUTY TO APPEAR OR RE-APPEAR BEFORE SUCH S. 6405--B 35 LAW ENFORCEMENT AGENCY HAVING JURISDICTION FOR THE PURPOSE OF PROVIDING AN ANNUAL UPDATE TO THE TERRORIST'S INITIAL PHOTOGRAPH. 6. RECORDING OF ADDRESS. UPON THE COMPLETION OF THE STANDARDIZED REGISTRATION FORM BY THE TERRORIST, THE DEPARTMENT OR THE OFFICE OF PROBATION AND CORRECTIONAL ALTERNATIVES SHALL IMMEDIATELY RECORD FROM SUCH STANDARDIZED REGISTRATION FORM, THE ADDRESS WHERE THE TERRORIST EXPECTS TO RESIDE UPON HIS OR HER RELEASE OR DISCHARGE FROM COMMUNITY SUPERVISION OR PROBATION, AND SHALL KEEP AND MAINTAIN A RECORD OF SUCH ADDRESS. 7. TRANSMISSION OF THE STANDARDIZED REGISTRATION FORM. UPON THE COMPLETION OF THE STANDARDIZED REGISTRATION FORM BY THE TERRORIST, IN ACCORDANCE WITH SUBDIVISION THREE OF THIS SECTION, THE DEPARTMENT OR THE OFFICE OF PROBATION AND CORRECTIONAL ALTERNATIVES SHALL IMMEDIATELY GIVE ONE COPY OF THE COMPLETED AND SIGNED STANDARDIZED REGISTRATION FORM TO THE TERRORIST, MAINTAIN ONE COPY OF SUCH COMPLETED AND SIGNED FORM FOR THE CONFINEMENT ENTITY'S OWN RECORDS, AND SHALL FURTHER IMMEDIATELY TRANSMIT TO THE DIVISION, BY THE MEANS AND MANNER PROVIDED BY THE DIVI- SION, THE ORIGINAL COMPLETED AND SIGNED STANDARDIZED REGISTRATION FORM. 8. TRANSMISSION OF THE REGISTRATION MATERIALS. UPON THE COLLECTION OF THE INITIAL PHOTOGRAPH, THE COMPLETE SET OF FINGERPRINTS, AND THE DNA SAMPLE, FROM THE TERRORIST, IN ACCORDANCE WITH SUBDIVISION THREE OF THIS SECTION, THE DEPARTMENT OR THE OFFICE OF PROBATION AND CORRECTIONAL ALTERNATIVES SHALL IMMEDIATELY TRANSMIT TO THE DIVISION, THE INITIAL PHOTOGRAPH, THE COMPLETE SET OF FINGERPRINTS, AND THE DNA SAMPLE, BY THE MEANS AND MANNER PROVIDED BY THE DIVISION. 9. CONVICTION DATA AND PERSONAL INFORMATION. AT ANY TIME AFTER THE EFFECTIVE DATE OF THIS ARTICLE, THE DIVISION MAY REQUEST, AND THE DEPARTMENT OR THE OFFICE OF PROBATION AND CORRECTIONAL ALTERNATIVES SHALL THEN IMMEDIATELY PROVIDE AND TRANSMIT TO THE DIVISION, ANY AND ALL THE CONVICTION DATA AND PERSONAL INFORMATION OF ANY TERRORIST, AS DEFINED IN SUBDIVISION ONE OF SECTION ONE HUNDRED SIXTY-NINE-B OF THIS ARTICLE, ON COMMUNITY SUPERVISION OR PROBATION. 10. SHARING OF CONVICTION DATA AND PERSONAL INFORMATION. UPON RECEIPT OF THE CONVICTION DATA AND PERSONAL INFORMATION OF THE TERRORIST, IN ACCORDANCE WITH SUBDIVISION NINE OF THIS SECTION, THE DIVISION SHALL IMMEDIATELY TRANSMIT SUCH CONVICTION DATA AND PERSONAL INFORMATION TO THE DIVISION OF HOMELAND SECURITY AND EMERGENCY SERVICES, THE FEDERAL BUREAU OF INVESTIGATION, AND THE UNITED STATE DEPARTMENT OF HOMELAND SECURITY. S 169-L. DURATION OF REGISTRATION AND VERIFICATION. THE DURATION OF REGISTRATION OF A TERRORIST ADDED TO THE NEW YORK STATE TERRORIST REGIS- TRY SHALL BE FOR LIFE, AND THE DUTY AND OBLIGATION TO PROVIDE VERIFICA- TION BY SUCH TERRORIST SHALL BE QUARTERLY FOR LIFE. S 169-M. NOTIFICATION OF CHANGE OF ADDRESS. 1. DUTY AND OBLIGATION TO NOTIFY DIVISION OF CHANGE OF ADDRESS. IN ACCORDANCE WITH SUBDIVISION FIVE OF SECTION ONE HUNDRED SIXTY-NINE-H OF THIS ARTICLE, ANY TERRORIST ADDED TO THE NEW YORK STATE TERRORIST REGISTRY WHO IS A RESIDENT OF NEW YORK STATE SHALL, IN ADDITION TO ANY OTHER INFORMATION REQUIRED BY THIS ARTICLE, REGISTER HIS OR HER CURRENT RESIDENTIAL ADDRESS AND THE ADDRESS OF HIS OR HER PLACE OF EMPLOYMENT OR EDUCATIONAL INSTITUTION ATTENDED WITH THE DIVISION, AND SHALL NOTIFY THE DIVISION OF ANY CHANGE OF RESI- DENCE, EMPLOYMENT OR EDUCATIONAL INSTITUTION ADDRESS IN ACCORDANCE WITH THE PROVISIONS OF THIS ARTICLE. 2. NOTIFICATION OF LOCAL LAW ENFORCEMENT. UPON RECEIPT OF A CHANGE OF ADDRESS BY A TERRORIST REQUIRED TO REGISTER UNDER THIS ARTICLE, IN ACCORDANCE WITH SUBDIVISION ONE OF THIS SECTION, THE DIVISION SHALL S. 6405--B 36 IMMEDIATELY NOTIFY THE LOCAL LAW ENFORCEMENT AGENCY HAVING JURISDICTION OF THE NEW PLACE OF RESIDENCE, PLACE OF EMPLOYMENT OR PLACE OF EDUCA- TIONAL INSTITUTION ATTENDED, AND THE LOCAL LAW ENFORCEMENT AGENCY HAVING JURISDICTION WHERE THE TERRORIST LAST RESIDED, WORKED OR ATTENDED EDUCA- TIONAL INSTRUCTION, OF SUCH CHANGE OF ADDRESS. 3. REQUIREMENTS OF LOCAL LAW ENFORCEMENT. UPON RECEIPT OF THE CHANGE OF ADDRESS INFORMATION FROM THE DIVISION, SENT TO THE LAW ENFORCEMENT AGENCY HAVING JURISDICTION, IN ACCORDANCE WITH SUBDIVISION TWO OF THIS SECTION, THE LOCAL LAW ENFORCEMENT AGENCY HAVING JURISDICTION SHALL ADHERE TO ALL THE PROVISIONS AND REQUIREMENTS SET FORTH IN THIS ARTICLE. 4. NOTIFICATION OF OTHER JURISDICTIONS. THE DIVISION SHALL, IF THE TERRORIST CHANGES HIS OR HER RESIDENCE TO ANOTHER STATE OR NATION, NOTI- FY THE APPROPRIATE AGENCY WITHIN THAT STATE OR NATION OF THE NEW PLACE OF RESIDENCE. S 169-N. REGISTRY INFORMATION SHARING. 1. SHARING OF INFORMATION WITH NEW YORK AND FEDERAL ENTITIES. THE DIVISION, PURSUANT TO THIS SECTION, IS AUTHORIZED TO SHARE THE NEW YORK STATE TERRORIST REGISTRY, AND ALL OF ITS INFORMATION CONTAINED THEREIN, WITH THE DIVISION OF HOMELAND SECURI- TY AND EMERGENCY SERVICES, THE DIVISION OF STATE POLICE, THE DEPARTMENT, ANY COURT OF THE UNIFIED COURT SYSTEM, THE NEW YORK CITY POLICE DEPART- MENT, THE UNITED STATES DEPARTMENT OF HOMELAND SECURITY, THE UNITED STATES DEPARTMENT OF JUSTICE, THE UNITED STATES DEPARTMENT OF STATE, THE OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE, THE UNITED STATES CENTRAL INTELLIGENCE AGENCY, AND ANY LOCAL, STATE, NATIONAL AND INTERNA- TIONAL LAW ENFORCEMENT ENTITY, AND/OR ANY OTHER ENTITY THAT THE DIVISION DEEMS APPROPRIATE TO ADVANCE THE PURPOSES OF THIS ARTICLE. FOR THE PURPOSES OF THIS SECTION, THE SHARING OF INFORMATION SHALL INCLUDE THE PROVISION OF INFORMATION FROM THE NEW YORK STATE TERRORIST REGISTRY TO THE ENTITIES AUTHORIZED UNDER THIS SECTION, AS WELL AS THE RECEIPT AND INCORPORATION OF INFORMATION INTO NEW YORK STATE TERRORIST REGISTRY FROM THE ENTITIES AUTHORIZED UNDER THIS SECTION. 2. SHARING OF INFORMATION WITH OTHER REGISTRY ENTITIES. THE DIVISION, PURSUANT TO THIS SECTION, IS FURTHER AUTHORIZED TO SHARE THE NEW YORK STATE TERRORIST REGISTRY, AND ALL OF ITS INFORMATION CONTAINED THEREIN, WITH ANY OTHER STATE, REGIONAL OR NATIONAL REGISTRY OF TERRORISTS, INCLUDING BUT NOT LIMITED TO, THE TERRORIST SCREENING DATABASE MAIN- TAINED BY THE FEDERAL BUREAU OF INVESTIGATION'S TERRORIST SCREENING CENTER, AND/OR ANY AND ALL OTHER DATABASES MAINTAINED BY THE DIVISION OF THE STATE POLICE, AND/OR ANY AND ALL OTHER DATABASES MAINTAINED BY ANY LOCAL, STATE, NATIONAL AND INTERNATIONAL LAW ENFORCEMENT ENTITIES, AND/OR ANY OTHER ENTITY THAT MAINTAINS A CRIMINAL JUSTICE OR TERRORIST DATABASE THAT THE DIVISION DEEMS APPROPRIATE TO ADVANCE THE PURPOSES OF THIS ARTICLE. FOR THE PURPOSES OF THIS SECTION, THE SHARING OF INFORMA- TION SHALL INCLUDE THE PROVISION OF INFORMATION FROM THE NEW YORK STATE TERRORIST REGISTRY TO THE ENTITIES AUTHORIZED UNDER THIS SECTION, AS WELL AS THE RECEIPT AND INCORPORATION OF INFORMATION INTO NEW YORK STATE TERRORIST REGISTRY FROM THE ENTITIES AUTHORIZED UNDER THIS SECTION. 3. REVIEW OF REGISTRY FOR SECURE INFORMATION. THE DIVISION OF HOMELAND SECURITY AND EMERGENCY SERVICES, PURSUANT TO THIS SECTION, IN CONSULTA- TION WITH THE DIVISION OF HOMELAND SECURITY AND EMERGENCY SERVICES AND THE DIVISION OF STATE POLICE, SHALL REVIEW THE INFORMATION CONTAINED ON THE NEW YORK STATE TERRORIST REGISTRY, AND SHALL DETERMINE WHETHER THE DISCLOSURE OF ANY PARTICULAR INFORMATION CONTAINED ON THE REGISTRY MAY CAUSE A SECURITY RISK TO THE PEOPLE OR PROPERTY OF THE STATE OF NEW YORK. UPON THE REVIEW MADE IN ACCORDANCE WITH THIS SUBDIVISION, AND UPON A DETERMINATION THAT ANY PARTICULAR INFORMATION NEEDS TO BE DEEMED S. 6405--B 37 SECURE, THE DIVISION SHALL REMOVE SUCH SECURE INFORMATION FROM PUBLIC ACCESSIBILITY, INCLUDING EXEMPTING SUCH INFORMATION FROM THE REQUIRE- MENTS OF THE POSTING ON THE DIVISION'S WEBSITE, PURSUANT TO SECTION ONE HUNDRED SIXTY-NINE-R OF THIS ARTICLE, OR PROVIDING OF SUCH INFORMATION THROUGH THE SPECIAL TELEPHONE NUMBER IN ACCORDANCE WITH SECTION ONE HUNDRED SIXTY-NINE-Q OF THIS ARTICLE. ANY INFORMATION DEEMED SECURE PURSUANT TO THIS SUBDIVISION SHALL NOT BE SUBJECT TO THE PROVISIONS OF THE NEW YORK STATE FREEDOM OF INFORMATION LAW PURSUANT TO ARTICLE SIX OF THE PUBLIC OFFICERS LAW. 4. SECURE INFORMATION SHARABLE. IN NO EVENT SHALL A DETERMINATION MADE BY THE DIVISION OF HOMELAND SECURITY AND EMERGENCY SERVICES, THAT PARTICULAR INFORMATION SHALL BE DEEMED SECURE, PURSUANT TO SUBDIVISION THREE OF THIS SECTION, PREVENT THE DIVISION FROM SHARING SUCH SECURE INFORMATION WITH ANY ENTITY IDENTIFIED FOR THE REGISTRY INFORMATION SHARING PURSUANT TO THIS SECTION, BUT THE DIVISION MAY PLACE SHARING RESTRICTIONS ON SUCH SECURE INFORMATION, AS DETERMINED BY THE DIVISION OF HOMELAND SECURITY AND EMERGENCY SERVICES, WHEN SHARING SUCH SECURE INFORMATION WITH OTHER AUTHORIZED SHARING ENTITIES, IN ACCORDANCE WITH SUBDIVISION ONE AND TWO OF THIS SECTION, COULD RESULT IN THE INAPPROPRI- ATE DISCLOSURE OF SUCH SECURE INFORMATION. S 169-O. DNA AND FINGERPRINT CUSTODY AND ANALYSIS. 1. SECURE CUSTODIAL COLLECTION. THE DIVISION, PURSUANT TO THIS SECTION, SHALL PROVIDE FOR THE SECURE CUSTODIAL COLLECTION OF THE DNA SAMPLE AND FINGERPRINTS TAKEN FROM THE TERRORIST BY THE LAW ENFORCEMENT AGENCY HAVING JURISDICTION, THE CONFINEMENT ENTITY, OR THE DEPARTMENT OR OFFICE OF PROBATION AND CORRECTIONAL ALTERNATIVES, IN ACCORDANCE WITH THE PROVISIONS OF THIS ARTICLE. THE DIVISION SHALL FURTHER DEVELOP BY REGULATION, PROTOCOLS FOR SUCH SECURE CUSTODIAL COLLECTION OF THE DNA SAMPLE AND FINGERPRINTS COLLECTED FROM THE TERRORIST, AND SHALL MAKE AVAILABLE AN INFORMATION PACKET TO EXPLAIN THE SECURE PROTOCOLS TO ALL LAW ENFORCEMENT AGENCIES HAVING JURISDICTION, ALL CONFINEMENT ENTITIES, THE DEPARTMENT AND THE OFFICE OF PROBATION AND CORRECTIONAL ALTERNATIVES. 2. SECURE CUSTODIAL TRANSFER OF DNA. THE DIVISION, PURSUANT TO THIS SECTION, SHALL PROVIDE FOR THE SECURE CUSTODIAL TRANSFER OF THE DNA SAMPLE COLLECTED FROM THE TERRORIST BY THE LAW ENFORCEMENT AGENCY HAVING JURISDICTION, THE CONFINEMENT ENTITY, THE DEPARTMENT, OR THE OFFICE OF PROBATION AND CORRECTIONAL ALTERNATIVES, IN ACCORDANCE WITH THE PROVISIONS OF THIS ARTICLE, TO THE LABORATORY MAINTAINED BY THE DIVISION OF STATE POLICE, AND/OR ANY OTHER APPROVED DNA ANALYSIS ENTITY, AS CONTRACTED WITH BY THE DIVISION, FOR THE PRESERVATION, STORAGE AND ANAL- YSIS OF SUCH DNA SAMPLE. 3. SECURE CUSTODIAL TRANSFER OF FINGERPRINTS. THE DIVISION, PURSUANT TO THIS SECTION, SHALL PROVIDE FOR THE SECURE CUSTODIAL TRANSFER OF THE FINGERPRINTS COLLECTED FROM THE TERRORIST BY THE LAW ENFORCEMENT AGENCY HAVING JURISDICTION, THE CONFINEMENT ENTITY, THE DEPARTMENT, OR THE OFFICE OF PROBATION AND CORRECTIONAL ALTERNATIVES, IN ACCORDANCE WITH THE PROVISIONS OF THIS ARTICLE, TO THE LABORATORY MAINTAINED BY THE DIVISION OF STATE POLICE, AND/OR ANY OTHER APPROVED FINGERPRINT ANALYSIS ENTITY, AS CONTRACTED WITH BY THE DIVISION, FOR THE PRESERVATION, STOR- AGE AND ANALYSIS OF SUCH FINGERPRINTS. 4. STATE DNA IDENTIFICATION INDEX. THE DIVISION SHALL FURTHER PROVIDE FOR THE SUBSEQUENT SECURE CUSTODIAL TRANSFER OF THE DNA SAMPLE, AND/OR THE ANALYSIS PRODUCED, TO THE STATE DNA IDENTIFICATION INDEX, MAINTAINED PURSUANT TO SECTION NINE HUNDRED NINETY-FIVE-C OF THE EXECUTIVE LAW. S 169-P. REGISTRY AND VERIFICATION FEES. 1. CHARGING OF FEES. THE DIVISION, PURSUANT TO THIS SECTION, SHALL: S. 6405--B 38 (A) CHARGE A FEE OF ONE HUNDRED DOLLARS FOR THE INITIAL REGISTRATION OF THE TERRORIST; (B) CHARGE A FEE OF TEN DOLLARS EACH TIME A TERRORIST REGISTERS ANY CHANGE OF ADDRESS; AND (C) CHARGE A FEE OF TEN DOLLARS EACH TIME A TERRORIST APPEARS TO PERMIT THE TAKING OF AN UPDATED ANNUAL PHOTOGRAPH. 2. PAYMENT OF FEES. ALL FEES CHARGED PURSUANT TO THIS SECTION SHALL BE PAID TO THE DIVISION BY THE TERRORIST AT THE TIME AND MANNER PRESCRIBED BY THE DIVISION. 3. WAIVER OF FEES. THE DIVISION MAY PROVIDE, ON A CASE BY CASE BASIS, FOR A WAIVER OF ANY FEE TO BE CHARGED PURSUANT TO THIS SECTION, OR MAY FURTHER AUTHORIZE, ON A CASE BY CASE BASIS, FOR A DELAYED OR INSTALLMENT PAYMENT OF A FEE TO BE CHARGED PURSUANT TO THIS SECTION. 4. DEPOSIT AUTHORIZATION. THE STATE COMPTROLLER IS HEREBY AUTHORIZED TO DEPOSIT ANY AND ALL FEES COLLECTED PURSUANT TO THIS SECTION INTO THE GENERAL FUND. S 169-Q. SPECIAL TELEPHONE NUMBER. 1. TOLL FREE NUMBER. THE DIVISION SHALL OPERATE A TELEPHONE NUMBER THAT MEMBERS OF THE PUBLIC MAY CALL FREE OF CHARGE TO INQUIRE WHETHER A NAMED INDIVIDUAL REQUIRED TO REGIS- TER PURSUANT TO THIS ARTICLE IS LISTED ON THE NEW YORK STATE TERRORIST REGISTRY, AND TO OBTAIN PUBLICLY AVAILABLE REGISTRY INFORMATION WITH RESPECT TO SUCH TERRORIST. 2. RECEIPT OF, AND RESPONSE TO, CALLS TO THE SPECIAL TELEPHONE NUMBER. UPON THE RECEIPT OF A CALL TO THE SPECIAL TELEPHONE NUMBER PROVIDED FOR IN THIS SECTION, THE DIVISION SHALL: (A) ASK THE CALLER FOR A NAME OF AN INDIVIDUAL ON WHICH THE CALLER WOULD LIKE TO OBTAIN INFORMATION. (B) ASCERTAIN WHETHER SUCH NAMED INDIVIDUAL REASONABLY APPEARS TO BE A PERSON LISTED ON THE REGISTRY, AND IN DECIDING WHETHER SUCH NAMED INDI- VIDUAL REASONABLY APPEARS TO BE A PERSON LISTED ON THE REGISTRY, THE DIVISION SHALL REQUIRE THE CALLER TO PROVIDE INFORMATION ON ANY THREE OF THE FOLLOWING: (I) AN EXACT STREET ADDRESS, INCLUDING APARTMENT NUMBER, IF ANY, OF THE TERRORIST; (II) THE DRIVER'S LICENSE NUMBER OR NON-DRIVER'S IDENTIFICATION CARD NUMBER OF THE TERRORIST; (III) THE DATE OF BIRTH OF THE TERRORIST; (IV) THE SOCIAL SECURITY NUMBER OR TAXPAYER IDENTIFICATION NUMBER OF THE TERRORIST; (V) THE COUNTRY OF ORIGIN OF THE TERRORIST; (VI) THE CRIME OF TERRORISM OR VERIFIABLE TERRORIST ACT COMMITTED BY THE TERRORIST; (VII) THE HAIR COLOR OR EYE COLOR OF THE TERRORIST; (VIII) THE HEIGHT, WEIGHT, OR BUILD OF THE TERRORIST; (IX) ANY DISTINCTIVE MARKINGS OR THE ETHNICITY OF THE TERRORIST; AND/OR (X) THE NAME AND STREET ADDRESS OF THE TERRORIST'S EMPLOYER. (C) UPON ASCERTAINING THAT THE NAMED INDIVIDUAL REASONABLY APPEARS TO BE A PERSON LISTED ON THE NEW YORK STATE TERRORIST REGISTRY BASED UPON THE INFORMATION PROVIDED FROM THE CALLER IN ACCORDANCE WITH PARAGRAPH (B) OF THIS SUBDIVISION, PROVIDE THE CALLER WITH THE FOLLOWING INFORMA- TION: (I) THE NAME OF THE TERRORIST; (II) THE AGE, PHYSICAL DESCRIPTION AND ANY DISTINCTIVE MARKINGS OF THE TERRORIST; (III) THE EXACT RESIDENTIAL ADDRESS OF THE TERRORIST; S. 6405--B 39 (IV) IF THE TERRORIST IS EMPLOYED, THE EXACT ADDRESS OF THE TERROR- IST'S PLACE OF EMPLOYMENT; (V) IF THE TERRORIST IS A STUDENT, THE EXACT ADDRESS OF THE EDUCA- TIONAL INSTITUTION THE TERRORIST IS ATTENDING; AND (VI) BACKGROUND INFORMATION ON THE TERRORIST, INCLUDING FOR EACH AND EVERY TERRORIST INCIDENT INVOLVING THE TERRORIST, THE TERRORIST'S CRIME OF CONVICTION, VERIFIABLE ACT OF TERRORISM, MODUS OF OPERATION, AND ANY OTHER INFORMATION THE DIVISION DEEMS RELEVANT TO PROVIDE. (D) PLAY, BEFORE A LIVE OPERATOR SPEAKS WITH THE CALLER, A RECORDED PREAMBLE WHICH SHALL PROVIDE THE FOLLOWING NOTICES: (I) THAT THE CALLER'S TELEPHONE NUMBER WILL BE RECORDED; (II) THAT THERE WILL BE NO CHARGE TO THE CALLER FOR USE OF THE SPECIAL TELEPHONE NUMBER; (III) THAT THE CALLER SHALL BE REQUIRED TO PROVIDE THEIR NAME AND ADDRESS TO THE OPERATOR AND THAT SUCH SHALL BE MAINTAINED IN A WRITTEN RECORD; (IV) THAT THE CALLER IS REQUIRED TO BE NOT LESS THAN EIGHTEEN YEARS OF AGE; (V) THAT IT IS ILLEGAL TO USE INFORMATION OBTAINED THROUGH THE TELE- PHONE NUMBER TO COMMIT A CRIME AGAINST ANY PERSON REGISTERED ON THE NEW YORK STATE TERRORIST REGISTRY, OR TO ENGAGE IN ILLEGAL DISCRIMINATION OR HARASSMENT AGAINST SUCH PERSON; (VI) THAT THE CALLER IS REQUIRED TO HAVE THE IDENTIFYING INFORMATION REQUIRED TO BE PROVIDED IN PARAGRAPH (B) OF THIS SUBDIVISION REGARDING THE INDIVIDUAL ABOUT WHOM INFORMATION IS SOUGHT IN ORDER TO ACHIEVE A POSITIVE IDENTIFICATION OF THAT PERSON; (VII) THAT THE SPECIAL TELEPHONE NUMBER IS NOT A CRIME HOTLINE AND THAT ANY SUSPECTED CRIMINAL OR TERRORIST ACTIVITY SHOULD BE REPORTED TO THE LOCAL, STATE OR FEDERAL AUTHORITIES; AND (VIII) THAT AN INFORMATION PACKAGE, WHICH WILL INCLUDE A DESCRIPTION OF THE LAW PERTAINING TO THE NEW YORK STATE TERRORIST REGISTRY, IS AVAILABLE ONLINE ON THE DIVISION'S OFFICIAL WEBSITE, AND IN WRITING, BY MAIL, UPON REQUEST FROM THE DIVISION. 3. MISUSE OF THE SPECIAL TELEPHONE NUMBER. WHENEVER THERE IS REASON- ABLE CAUSE TO BELIEVE THAT ANY PERSON OR GROUP OF PERSONS IS ENGAGED IN A PATTERN OR PRACTICE OF MISUSE OF THE SPECIAL TELEPHONE NUMBER, THE ATTORNEY GENERAL, ANY DISTRICT ATTORNEY OR ANY PERSON AGGRIEVED BY THE MISUSE OF THE NUMBER IS AUTHORIZED TO BRING A CIVIL ACTION IN THE APPRO- PRIATE COURT REQUESTING PREVENTIVE RELIEF, INCLUDING AN APPLICATION FOR A PERMANENT OR TEMPORARY INJUNCTION, RESTRAINING ORDER OR OTHER ORDER AGAINST THE PERSON OR GROUP OF PERSONS RESPONSIBLE FOR THE PATTERN OR PRACTICE OF MISUSE, AND THE FOREGOING REMEDIES SHALL BE INDEPENDENT OF ANY OTHER REMEDIES OR PROCEDURES THAT MAY BE AVAILABLE TO AN AGGRIEVED PARTY UNDER OTHER PROVISIONS OF LAW, AND SUCH PERSON OR GROUP OF PERSONS SHALL BE SUBJECT TO A FINE OF NOT LESS THAN FIVE HUNDRED DOLLARS AND NOT MORE THAN ONE THOUSAND DOLLARS. 4. REPORT OF CALL ACTIVITY. THE DIVISION SHALL, ON OR BEFORE THE FIRST OF SEPTEMBER IN EACH YEAR, FILE A REPORT WITH THE GOVERNOR, THE TEMPORARY PRESIDENT OF THE SENATE, THE SPEAKER OF THE STATE ASSEMBLY, THE CHAIR OF THE SENATE STANDING COMMITTEE ON VETERANS, HOMELAND SECURI- TY AND MILITARY AFFAIRS, AND THE CHAIR OF THE ASSEMBLY STANDING COMMIT- TEE ON GOVERNMENTAL OPERATIONS, ON THE OPERATION OF THE TELEPHONE NUMBER, AND SUCH ANNUAL REPORT SHALL INCLUDE, BUT NOT BE LIMITED TO, ALL OF THE FOLLOWING: (A) THE NUMBER OF CALLS RECEIVED; S. 6405--B 40 (B) A DETAILED OUTLINE OF THE AMOUNT OF MONEY EXPENDED AND THE MANNER IN WHICH IT WAS EXPENDED FOR PURPOSES OF THIS SECTION; (C) THE NUMBER OF CALLS THAT RESULTED IN AN AFFIRMATIVE RESPONSE AND THE NUMBER OF CALLS THAT RESULTED IN A NEGATIVE RESPONSE WITH REGARD TO WHETHER A NAMED INDIVIDUAL WAS LISTED; (D) A SUMMARY OF THE SUCCESS OF THE SPECIAL TELEPHONE NUMBER PROGRAM BASED UPON THE ABOVE OR ANY OTHER SELECTED FACTORS THE DIVISION SHALL DEEM RELEVANT; (E) A COMPARISON BETWEEN THE EFFICACY OF THE SPECIAL TELEPHONE NUMBER, OPERATED PURSUANT TO THIS SECTION, AND THE INTERNET DIRECTORY, OPERATED PURSUANT TO SECTION ONE HUNDRED SIXTY-NINE-R OF THIS ARTICLE; AND (F) RECOMMENDATIONS AS TO HOW THE DIVISION MIGHT IMPROVE THE SPECIAL TELEPHONE NUMBER AND/OR THE NEW YORK STATE TERRORIST REGISTRY. 5. SECURE INFORMATION. THE OPERATORS OF THE SPECIAL TELEPHONE NUMBER SHALL NOT PROVIDE ANY CALLER WITH ANY INFORMATION FROM THE NEW YORK STATE TERRORIST REGISTRY THAT THE DIVISION HAS DEEMED SECURE IN ACCORD- ANCE WITH SUBDIVISION THREE OF SECTION ONE HUNDRED SIXTY-NINE-N OF THIS ARTICLE. 6. ADVERTISEMENT OF SPECIAL TELEPHONE NUMBER. THE DIVISION SHALL PROVIDE FOR THE ADVERTISEMENT OF THE SPECIAL TELEPHONE NUMBER ESTAB- LISHED PURSUANT TO THIS SECTION, INCLUDING BUT NOT LIMITED TO THE POST- ING OF SUCH NUMBER ON ITS OFFICIAL WEBSITE, AND THE OFFICIAL WEBSITE OF THE DIVISION OF HOMELAND SECURITY AND EMERGENCY SERVICES. 7. REGULATIONS. THE DIVISION SHALL PROMULGATE RULES AND REGULATIONS TO IMPLEMENT THE PROVISIONS OF THIS SECTION. S 169-R. INTERNET DIRECTORY. 1. OPERATION OF THE INTERNET DIRECTORY. THE DIVISION SHALL MAINTAIN AND OPERATE AN INTERNET DIRECTORY OF THE NEW YORK STATE TERRORIST REGISTRY WHICH SHALL: (A) INCLUDE THE FOLLOWING INFORMATION FOR EACH TERRORIST: (I) THE NAME OF THE TERRORIST; (II) THE AGE, PHYSICAL DESCRIPTION AND ANY DISTINCTIVE MARKINGS OF THE TERRORIST; (III) THE MOST RECENT PHOTOGRAPH OF THE TERRORIST TAKEN OF THE TERROR- IST FOR THE REGISTRY; (IV) THE EXACT RESIDENTIAL ADDRESS OF THE TERRORIST; (V) IF THE TERRORIST IS EMPLOYED, THE EXACT ADDRESS OF THE TERRORIST'S PLACE OF EMPLOYMENT; (VI) IF THE TERRORIST IS A STUDENT, THE EXACT ADDRESS OF THE EDUCA- TIONAL INSTITUTION THE TERRORIST IS ATTENDING; AND (VII) BACKGROUND INFORMATION ON THE TERRORIST, INCLUDING EACH AND EVERY TERRORIST INCIDENT INVOLVING THE TERRORIST, THE TERRORIST'S CRIME OF CONVICTION, VERIFIABLE ACT OF TERRORISM, MODUS OF OPERATION, AND ANY OTHER INFORMATION THE DIVISION DEEMS RELEVANT TO PROVIDE; (B) HAVE TERRORIST LISTINGS CATEGORIZED BY COUNTY AND ZIP CODE; AND (C) BE MADE AVAILABLE AT ALL TIMES ON THE INTERNET VIA THE DIVISION'S OFFICIAL HOMEPAGE, WITH A LINK TO CONNECT TO SUCH DIRECTORY ALSO APPEAR- ING ON THE OFFICIAL HOMEPAGE OF THE DIVISION OF HOMELAND SECURITY AND EMERGENCY SERVICES. 2. AUTOMATED E-MAIL NOTIFICATIONS. ANY PERSON MAY APPLY TO THE DIVI- SION TO RECEIVE AUTOMATED E-MAIL NOTIFICATIONS WHENEVER A NEW OR UPDATED REGISTRATION OCCURS ON THE NEW YORK STATE TERRORIST REGISTRY, IN THE GEOGRAPHIC AREA SPECIFIED BY SUCH PERSON, BUT UNLESS THE APPLICANT IS AN EMPLOYEE OR ENTITY OF A STATE, LOCAL OR FEDERAL GOVERNMENT, ACTING IN THEIR OFFICIAL CAPACITY, SUCH E-MAIL NOTIFICATIONS SHALL BE LIMITED TO THREE GEOGRAPHIC AREAS PER E-MAIL ACCOUNT. S. 6405--B 41 3. NO CHARGE FOR THE USE OF THE DIRECTORY. THE DIVISION SHALL NOT CHARGE FOR ACCESS TO THE INTERNET DIRECTORY NOR FOR THE RECEIPT OF E-MAIL NOTIFICATIONS. 4. MISUSE OF THE INTERNET DIRECTORY. WHENEVER THERE IS REASONABLE CAUSE TO BELIEVE THAT ANY PERSON OR GROUP OF PERSONS IS ENGAGED IN A PATTERN OR PRACTICE OF MISUSE OF THE INTERNET DIRECTORY, THE ATTORNEY GENERAL, ANY DISTRICT ATTORNEY OR ANY PERSON AGGRIEVED BY THE MISUSE OF THE DIRECTORY IS AUTHORIZED TO BRING A CIVIL ACTION IN THE APPROPRIATE COURT REQUESTING PREVENTIVE RELIEF, INCLUDING AN APPLICATION FOR A PERMANENT OR TEMPORARY INJUNCTION, RESTRAINING ORDER OR OTHER ORDER AGAINST THE PERSON OR GROUP OF PERSONS RESPONSIBLE FOR THE PATTERN OR PRACTICE OF MISUSE, AND THE FOREGOING REMEDIES SHALL BE INDEPENDENT OF ANY OTHER REMEDIES OR PROCEDURES THAT MAY BE AVAILABLE TO AN AGGRIEVED PARTY UNDER OTHER PROVISIONS OF LAW, AND SUCH PERSON OR GROUP OF PERSONS SHALL BE SUBJECT TO A FINE OF NOT LESS THAN FIVE HUNDRED DOLLARS AND NOT MORE THAN ONE THOUSAND DOLLARS. 5. SECURE INFORMATION. THE INTERNET DIRECTORY SHALL NOT PROVIDE ANY USER WITH ANY INFORMATION FROM THE NEW YORK STATE TERRORIST REGISTRY THAT THE DIVISION HAS DEEMED SECURE, IN ACCORDANCE WITH SUBDIVISION THREE OF SECTION ONE HUNDRED SIXTY-NINE-N OF THIS ARTICLE. 6. ADVERTISEMENT OF INTERNET DIRECTORY. THE DIVISION SHALL PROVIDE FOR THE ADVERTISEMENT OF THE INTERNET DIRECTORY ESTABLISHED PURSUANT TO THIS SECTION, INCLUDING BUT NOT LIMITED TO THE LISTING OF SUCH WEBSITE ADDRESS ON ITS RECORDED MESSAGE FOR THE SPECIAL TELEPHONE NUMBER, AND THE POSTING OF A LINK TO SUCH INTERNET DIRECTORY ON THE OFFICIAL WEBSITE OF THE DIVISION OF HOMELAND SECURITY AND EMERGENCY SERVICES. 7. REGULATIONS. THE DIVISION SHALL PROMULGATE RULES AND REGULATIONS TO IMPLEMENT THE PROVISIONS OF THIS SECTION. S 169-S. IMMUNITY FROM LIABILITY. 1. NO OFFICIAL, EMPLOYEE OR AGENCY, WHETHER PUBLIC OR PRIVATE, SHALL BE SUBJECT TO ANY CIVIL OR CRIMINAL LIABILITY FOR DAMAGES FOR ANY DISCRETIONARY DECISION TO RELEASE RELEVANT AND NECESSARY INFORMATION PURSUANT TO THIS ARTICLE, UNLESS IT IS SHOWN THAT SUCH OFFICIAL, EMPLOYEE OR AGENCY ACTED WITH GROSS NEGLIGENCE OR IN BAD FAITH. THE IMMUNITY PROVIDED UNDER THIS SECTION APPLIES TO THE RELEASE OF RELEVANT INFORMATION TO OTHER STATE, LOCAL AND/OR FEDERAL EMPLOYEES OR OFFICIALS, OR TO THE GENERAL PUBLIC. 2. NOTHING IN THIS SECTION SHALL BE DEEMED TO IMPOSE ANY CIVIL OR CRIMINAL LIABILITY UPON OR TO GIVE RISE TO A CAUSE OF ACTION AGAINST ANY OFFICIAL, EMPLOYEE OR AGENCY, WHETHER PUBLIC OR PRIVATE, FOR FAILING TO RELEASE INFORMATION AS AUTHORIZED IN THIS ARTICLE UNLESS IT IS SHOWN THAT SUCH OFFICIAL, EMPLOYEE OR AGENCY ACTED WITH GROSS NEGLIGENCE OR IN BAD FAITH. S 169-T. ANNUAL REPORT. THE DIVISION SHALL, ON OR BEFORE THE FIRST OF SEPTEMBER IN EACH YEAR, FILE A REPORT WITH THE GOVERNOR, THE TEMPORARY PRESIDENT OF THE SENATE, THE SPEAKER OF THE STATE ASSEMBLY, THE CHAIR OF THE SENATE STANDING COMMITTEE ON VETERANS, HOMELAND SECURITY AND MILI- TARY AFFAIRS, AND THE CHAIR OF THE ASSEMBLY STANDING COMMITTEE ON GOVERNMENTAL OPERATIONS, DETAILING THE NEW YORK STATE TERRORIST REGISTRY PROGRAM ESTABLISHED BY THIS ARTICLE, THE DIVISION'S EXPERIENCE CONCERN- ING COMPLIANCE WITH PROVISIONS OF THIS ARTICLE, AND THE DIVISION'S EXPE- RIENCE CONCERNING THE EFFECTIVENESS OF THIS ARTICLE, TOGETHER WITH ANY RECOMMENDATIONS THE DIVISION MAY HAVE TO FURTHER ENHANCE THE INTENT OF THIS ARTICLE. S 169-U. PENALTY. ANY TERRORIST REQUIRED TO REGISTER, OR TO PROVIDE INFORMATION OR SUPPLEMENTAL INFORMATION, OR VERIFICATION, PURSUANT TO THE PROVISIONS OF THIS ARTICLE, OR WHO FAILS TO REGISTER OR TO PROVIDE S. 6405--B 42 INFORMATION, OR SUPPLEMENTAL INFORMATION, OR VERIFICATION, IN THE MANNER AND WITHIN THE TIME PERIODS PROVIDED FOR IN THIS ARTICLE, SHALL BE GUIL- TY OF A CLASS A-I FELONY, PURSUANT TO SECTION 490.23 OF THE PENAL LAW. ANY SUCH FAILURE TO REGISTER OR TO PROVIDE INFORMATION, OR SUPPLEMENTAL INFORMATION, OR VERIFICATION, PURSUANT TO THE PROVISIONS OF THIS ARTI- CLE, MAY ALSO BE THE BASIS FOR REVOCATION OF PAROLE PURSUANT TO SECTION TWO HUNDRED FIFTY-NINE-I OF THE EXECUTIVE LAW, OR THE BASIS FOR REVOCA- TION OF PROBATION PURSUANT TO ARTICLE FOUR HUNDRED TEN OF THE CRIMINAL PROCEDURE LAW. S 169-V. UNAUTHORIZED RELEASE OF INFORMATION. THE UNAUTHORIZED RELEASE OF ANY INFORMATION CONTAINED IN THE NEW YORK STATE TERRORIST REGISTRY SHALL BE A CLASS B MISDEMEANOR. S 169-W. EXPENSES INCURRED BY GOVERNMENTAL ENTITIES. 1. LOCAL GOVERN- MENTS. ANY LOCAL GOVERNMENT, WHICH HAS INCURRED ANY COST FOR COMPLIANCE WITH THE PROVISIONS OF THIS ARTICLE, MAY MAKE AN APPLICATION TO THE STATE COMPTROLLER FOR REIMBURSEMENT OF SUCH COST. APPLICATION FOR REIMBURSEMENT FOR SUCH COST INCURRED SHALL BE IN THE FORM AND MANNER AS REQUIRED BY THE STATE COMPTROLLER. THE STATE COMPTROLLER SHALL PAY SUCH A LOCAL GOVERNMENT, WHICH HAS MADE AN APPLICATION FOR A COST, WHICH HAS BEEN VERIFIED BY THE STATE COMPTROLLER AS HAVING BEEN INCURRED BY THE LOCAL GOVERNMENT, FROM THE TERRORIST REGISTRY FUNDS MANAGEMENT ACCOUNT, ESTABLISHED PURSUANT TO SECTION NINETY-SEVEN-AAAA OF THE STATE FINANCE LAW, FOLLOWING APPROPRIATION BY THE LEGISLATURE AND ALLOCATION BY THE DIRECTOR OF THE BUDGET. 2. STATE AGENCY. ANY STATE AGENCY, WHICH HAS INCURRED ANY COST FOR COMPLIANCE WITH THE PROVISIONS OF THIS ARTICLE, MAY MAKE AN APPLICATION TO THE STATE COMPTROLLER AND THE DIRECTOR OF THE BUDGET, FOR AN INCREASE IN SUCH STATE AGENCY'S BUDGET, IN DIRECT RELATION TO SUCH COST SO INCURRED. APPLICATION FOR AN INCREASE IN SUCH STATE AGENCY'S BUDGET, IN DIRECT RELATION TO SUCH COST INCURRED, SHALL BE IN THE FORM AND MANNER AS REQUIRED BY THE DIRECTOR OF THE BUDGET AND THE STATE COMPTROLLER. THE STATE COMPTROLLER SHALL VERIFY WHETHER THE COST HAS BEEN SO INCURRED BY THE STATE AGENCY. ANY INCREASE IN SUCH STATE AGENCY'S BUDGET, AS AUTHOR- IZED BY THIS SUBDIVISION, SHALL BE IN DIRECT RELATION TO SUCH COST INCURRED BY SUCH STATE AGENCY, AND SHALL BE CHARGED FROM THE TERRORIST REGISTRY FUNDS MANAGEMENT ACCOUNT, ESTABLISHED PURSUANT TO SECTION NINE- TY-SEVEN-AAAA OF THE STATE FINANCE LAW, FOLLOWING APPROPRIATION BY THE LEGISLATURE AND ALLOCATION BY THE DIRECTOR OF THE BUDGET. 3. NOTIFICATION OF THE GOVERNOR AND THE LEGISLATURE. NOT LATER THAN THE FIRST DAY OF MARCH, THE STATE COMPTROLLER AND THE DIRECTOR OF THE BUDGET SHALL NOTIFY THE GOVERNOR, THE TEMPORARY PRESIDENT OF THE SENATE, AND THE SPEAKER OF THE ASSEMBLY, OF THE FISCAL AMOUNTS REQUESTED IN APPLICATIONS FOR REIMBURSEMENT FOR COSTS INCURRED BY LOCAL GOVERNMENTS UNDER THIS SECTION, AND THE FISCAL AMOUNTS OF APPLICATIONS FOR INCREASES IN STATE AGENCIES' BUDGETS UNDER THIS SECTION, DURING THE PREVIOUS TWELVE MONTHS, WITH SUCH NOTIFICATION IDENTIFYING THE LOCAL GOVERNMENTS AND THE STATE AGENCIES THAT HAVE MADE SUCH APPLICATIONS. S 169-X. SEPARABILITY. IF ANY SECTION OF THIS ARTICLE OR PART THEREOF SHALL BE ADJUDGED BY A COURT OF COMPETENT JURISDICTION TO BE INVALID, SUCH JUDGMENT SHALL NOT AFFECT, IMPAIR OR INVALIDATE THE REMAINDER OR ANY OTHER SECTION OR PART THEREOF. S 5. The penal law is amended by adding a new section 490.23 to read as follows: S 490.23 FAILURE TO REGISTER OR VERIFY WITH THE NEW YORK STATE TERRORIST REGISTRY. S. 6405--B 43 A PERSON IS GUILTY OF FAILURE TO REGISTER OR VERIFY WITH THE NEW YORK STATE TERRORIST REGISTRY WHEN HE OR SHE IS REQUIRED TO REGISTER OR VERI- FY WITH THE DIVISION OF CRIMINAL JUSTICE SERVICES PURSUANT TO ARTICLE SIX-D OF THE CORRECTION LAW, AND FAILS TO REGISTER AS REQUIRED PURSUANT TO ARTICLE SIX-D OF THE CORRECTION LAW, OR FAILS TO PROVIDE REQUIRED INFORMATION, OR SUPPLEMENTAL INFORMATION, OR VERIFICATION AS REQUIRED PURSUANT TO ARTICLE SIX-D OF THE CORRECTION LAW. FAILURE TO REGISTER OR VERIFY WITH THE NEW YORK STATE TERRORIST REGIS- TRY IS A CLASS A-I FELONY. S 6. The state finance law is amended by adding a new section 97-aaaa to read as follows: S 97-AAAA. TERRORIST REGISTRY FUNDS MANAGEMENT ACCOUNT. 1. THERE IS HEREBY ESTABLISHED IN THE JOINT CUSTODY OF THE STATE COMPTROLLER AND THE COMMISSIONER OF THE DEPARTMENT OF TAXATION AND FINANCE A FUND TO BE KNOWN AS THE "TERRORIST REGISTRY FUNDS MANAGEMENT ACCOUNT". 2. THE TERRORIST REGISTRY FUND MANAGEMENT ACCOUNT SHALL CONSIST OF: (A) MONIES RECEIVED BY THE STATE PURSUANT TO ARTICLE SIX-D OF THE CORRECTION LAW; (B) MONIES RECEIVED BY THE STATE AND DIRECTED TO BE PAID TO THE ACCOUNT UPON ORDER OF ANY COURT OF: (I) THE UNIFIED COURT SYSTEM OF THE STATE OF NEW YORK; (II) THE FEDERAL COURT SYSTEM OF THE UNITED STATES; AND/OR (III) THE GOVERNMENT OF THE UNITED STATES OPERATING UNDER THE UNIFORM CODE OF MILITARY JUSTICE, AND (C) ALL OTHER MONIES, FEES, FINES, GRANTS, BEQUESTS OR OTHER MONIES CREDITED, APPROPRIATED OR TRANSFERRED THERETO FROM ANY OTHER FUND OR SOURCE. 3. MONIES OF THE TERRORIST REGISTRY FUNDS MANAGEMENT ACCOUNT, FOLLOW- ING APPROPRIATION BY THE LEGISLATURE AND ALLOCATION BY THE DIRECTOR OF THE BUDGET, SHALL BE MADE AVAILABLE FOR LOCAL GOVERNMENTS AND STATE AGENCIES PROVIDING SERVICES PURSUANT TO ARTICLE SIX-D OF THE CORRECTION LAW. S 7. This act shall take effect on the first of November next succeed- ing the date on which it shall have become a law. SUBPART D Section 1. The executive law is amended by adding a new section 720 to read as follows: S 720. QUINQUENNIAL CYBER SECURITY REPORT. 1. THE COMMISSIONER, IN CONSULTATION WITH THE SUPERINTENDENT OF THE STATE POLICE, THE CHIEF INFORMATION OFFICER, AND THE PRESIDENT OF THE CENTER FOR INTERNET SECU- RITY, SHALL PREPARE A REPORT, TO BE DELIVERED TO THE GOVERNOR, THE TEMPORARY PRESIDENT OF THE SENATE, THE SPEAKER OF THE ASSEMBLY, THE CHAIR OF THE SENATE STANDING COMMITTEE ON VETERANS, HOMELAND SECURITY AND MILITARY AFFAIRS, AND THE CHAIR OF THE ASSEMBLY STANDING COMMITTEE ON GOVERNMENTAL OPERATIONS, ON OR BEFORE THE FIRST DAY OF SEPTEMBER, TWO THOUSAND SIXTEEN, AND THEN EVERY FIVE YEARS THEREAFTER, WHICH PROVIDES A COMPREHENSIVE REVIEW OF ALL CYBER SECURITY SERVICES PERFORMED BY, AND ON BEHALF OF, THE STATE OF NEW YORK. 2. THE REPORT REQUIRED PURSUANT TO SUBDIVISION ONE OF THIS SECTION, SHALL INCLUDE A DETAILED ASSESSMENT OF EACH AND EVERY CYBER SECURITY NEED OF THE STATE OF NEW YORK, INCLUDING BUT NOT LIMITED TO, ITS STATE AGENCIES AND ITS PUBLIC AUTHORITIES, AND FOR EACH AND EVERY SUCH CYBER SECURITY NEED SO IDENTIFIED, SHALL FURTHER INCLUDE A DETAILED DESCRIPTION OF: S. 6405--B 44 (A) THE TYPE OF CYBER SECURITY SERVICE USED TO ADDRESS SUCH NEED; (B) THE SCOPE OF THE NEED SO ADDRESSED, AS WELL AS THE SCOPE OF THE SERVICE USED TO ADDRESS SUCH NEED; (C) THE COST OF THE SERVICE USED TO ADDRESS SUCH NEED; (D) THE EFFECTIVENESS OF THE CYBER SECURITY SERVICE USED TO ADDRESS SUCH NEED; (E) THE ENTITY PROVIDING SUCH CYBER SECURITY SERVICE USED TO ADDRESS SUCH NEED; (F) THE GOVERNMENT, INDUSTRY AND/OR ACADEMICALLY ACCEPTED BEST CYBER SECURITY PRACTICE FOR ADDRESSING SUCH NEED; (G) HOW OTHER STATES, AND THE FEDERAL GOVERNMENT HAVE ADDRESSED SUCH NEED; AND (H) HOW PRIVATE SECTOR ENTITIES ADDRESSED SUCH NEED. 3. DURING THE PREPARATION OF THE REPORT REQUIRED BY SUBDIVISION ONE OF THIS SECTION, AND AFTER ITS DELIVERY TO THE PERSONS IDENTIFIED TO RECEIVE SUCH REPORT, THE COMMISSIONER, THE SUPERINTENDENT OF THE STATE POLICE, THE CHIEF INFORMATION OFFICER, AND THE PRESIDENT OF THE CENTER FOR INTERNET SECURITY, AS WELL AS THE DIVISIONS, OFFICES AND CORPO- RATIONS UNDER THEIR DIRECTION, SHALL PROVIDE TO SUCH PERSONS ENTITLED TO RECEIVE SUCH REPORT, ANY AND ALL ADDITIONAL INFORMATION SUCH PERSONS MAY REQUEST, WITH RESPECT TO ANY CYBER SECURITY ISSUE CONCERNING: (A) THE STATE OF NEW YORK, INCLUDING BUT NOT LIMITED TO, ANY AGENCY, BOARD, BUREAU, COMMISSION, DEPARTMENT, DIVISION, INSTITUTION, OFFICE, OR PUBLIC AUTHORITY OF THE STATE; (B) ANY LOCAL GOVERNMENT ENTITY, INCLUDING BUT NOT LIMITED TO, ANY COUNTY, TOWN, CITY, VILLAGE, SCHOOL DISTRICT, SPECIAL DISTRICT, AND ANY AGENCY, BOARD, BUREAU, COMMISSION, DEPARTMENT, DIVISION, INSTITUTION, OFFICE, OR PUBLIC AUTHORITY OF SUCH LOCAL GOVERNMENT ENTITY; (C) ANY REGULATED ENTITY OF THE STATE OF NEW YORK OR LOCAL GOVERNMENT ENTITY; (D) ANY NOT-FOR-PROFIT CORPORATION IN THE STATE OF NEW YORK; (E) ANY PRIVATE SECTOR BUSINESS IN THE STATE OF NEW YORK, INCLUDING BUT NOT LIMITED TO, A SOLE PROPRIETOR, PARTNERSHIP, LIMITED LIABILITY COMPANY OR BUSINESS CORPORATION; AND/OR (F) ANY CITIZEN OF THE STATE OF NEW YORK. 4. WHERE COMPLIANCE WITH THIS SECTION SHALL REQUIRE THE DISCLOSURE OF CONFIDENTIAL INFORMATION, OR THE DISCLOSURE OF SENSITIVE INFORMATION WHICH IN THE JUDGMENT OF THE COMMISSIONER WOULD JEOPARDIZE THE CYBER SECURITY OF THE STATE: (A) SUCH CONFIDENTIAL OR SENSITIVE INFORMATION SHALL BE PROVIDED TO THE PERSONS ENTITLED TO RECEIVE THE REPORT AS PROVIDED BY SUBDIVISION ONE OF THIS SECTION, AS FOLLOWS: (I) IN THE CASE OF THE REPORT REQUIRED BY SUBDIVISION ONE OF THIS SECTION, IN THE FORM OF A SUPPLEMENTAL APPENDIX TO THE REPORT; AND (II) IN THE CASE OF A RESPONSE TO A REQUEST FOR INFORMATION MADE IN ACCORDANCE WITH SUBDIVISION THREE OF THIS SECTION, IN A SECURE MANNER AS DETERMINED BY THE COMMISSIONER; (B) NEITHER A SUPPLEMENTAL APPENDIX TO THE REPORT, NOR ANY CONFIDEN- TIAL OR SENSITIVE INFORMATION PROVIDED IN ACCORDANCE WITH SUBDIVISION THREE OF THIS SECTION, SHALL BE POSTED ON THE DIVISION'S WEBSITE AS REQUIRED BY SUBDIVISION FIVE OF THIS SECTION; (C) NEITHER A SUPPLEMENTAL APPENDIX TO THE REPORT, NOR ANY CONFIDEN- TIAL OR SENSITIVE INFORMATION PROVIDED IN ACCORDANCE WITH SUBDIVISION THREE OF THIS SECTION, SHALL BE SUBJECT TO THE PROVISIONS OF THE FREEDOM OF INFORMATION LAW PURSUANT TO ARTICLE SIX OF THE PUBLIC OFFICERS LAW; AND S. 6405--B 45 (D) THE PERSONS ENTITLED TO RECEIVE THE REPORT AS PROVIDED BY SUBDIVI- SION ONE OF THIS SECTION, MAY DISCLOSE THE SUPPLEMENTAL APPENDIX TO THE REPORT, AND ANY CONFIDENTIAL OR SENSITIVE INFORMATION PROVIDED IN ACCORDANCE WITH SUBDIVISION THREE OF THIS SECTION, TO THEIR PROFESSIONAL STAFF, BUT SHALL NOT OTHERWISE PUBLICLY DISCLOSE SUCH CONFIDENTIAL OR SECURE INFORMATION. 5. EXCEPT WITH RESPECT TO ANY CONFIDENTIAL OR SENSITIVE INFORMATION AS DESCRIBED IN SUBDIVISION FOUR OF THIS SECTION, THE DIVISION SHALL POST A COPY OF THE REPORT PREPARED IN ACCORDANCE WITH SUBDIVISION ONE OF THIS SECTION, ON ITS WEBSITE, NOT MORE THAN FIFTEEN DAYS AFTER SUCH REPORT IS DELIVERED TO THE PERSONS ENTITLED TO RECEIVE SUCH REPORT. THE DIVISION MAY FURTHER POST ANY AND ALL FURTHER INFORMATION IT MAY DEEM APPROPRI- ATE, ON ITS WEBSITE, REGARDING CYBER SECURITY, AND THE PROTECTION OF PUBLIC AND PRIVATE COMPUTER SYSTEMS, NETWORKS, HARDWARE AND SOFTWARE. S 2. This act shall take effect immediately. SUBPART E Section 1. The executive law is amended by adding a new section 721 to read as follows: S 721. NEW YORK STATE CYBER SECURITY INITIATIVE. 1. LEGISLATIVE FIND- INGS. THE LEGISLATURE FINDS AND DECLARES THAT REPEATED CYBER INTRUSIONS INTO CRITICAL INFRASTRUCTURE, EFFECTING GOVERNMENT, PRIVATE SECTOR BUSI- NESS, AND CITIZENS OF THE STATE OF NEW YORK, HAVE DEMONSTRATED THE NEED FOR IMPROVED CYBER SECURITY. THE LEGISLATURE FURTHER FINDS AND DECLARES THAT THIS CYBER THREAT CONTINUES TO GROW AND REPRESENTS ONE OF THE MOST SERIOUS PUBLIC SECURITY CHALLENGES THAT NEW YORK MUST CONFRONT. MOREOVER, THE SECURITY OF THE STATE OF NEW YORK DEPENDS ON THE RELIABLE FUNCTIONING OF NEW YORK STATE'S CRITICAL INFRASTRUCTURE, AND PRIVATE SECTOR BUSINESS INTERESTS, AS WELL AS THE PROTECTION OF THE FINANCES AND INDIVIDUAL LIBERTIES OF EVERY CITIZEN, IN THE FACE OF SUCH THREATS. THE LEGISLATURE ADDITIONALLY FINDS AND DECLARES THAT TO ENHANCE THE SECURITY, PROTECTION AND RESILIENCE OF NEW YORK STATE'S CRITICAL INFRAS- TRUCTURE, AND PRIVATE SECTOR BUSINESS INTERESTS, AS WELL AS THE PROTECTION OF THE FINANCES AND INDIVIDUAL LIBERTIES OF EVERY CITIZEN, THE STATE OF NEW YORK MUST PROMOTE A CYBER ENVIRONMENT THAT ENCOURAGES EFFICIENCY, INNOVATION, AND ECONOMIC PROSPERITY, AND THAT CAN OPERATE WITH SAFETY, SECURITY, BUSINESS CONFIDENTIALITY, PRIVACY, AND CIVIL LIBERTY. THE LEGISLATURE FURTHER FINDS AND DECLARES THAT TO CREATE SUCH A SAFE AND SECURE CYBER ENVIRONMENT FOR GOVERNMENT, PRIVATE SECTOR BUSINESS AND INDIVIDUAL CITIZENS, NEW YORK MUST ADVANCE, IN ADDITION TO ITS CURRENT EFFORTS IN THIS FIELD, A NEW YORK STATE CYBER SECURITY INITIATIVE, THAT ESTABLISHES A NEW YORK STATE CYBER SECURITY ADVISORY BOARD; A NEW YORK STATE CYBER SECURITY PARTNERSHIP PROGRAM WITH THE OWNERS AND OPERATORS OF CRITICAL INFRASTRUCTURE, PRIVATE SECTOR BUSINESS, ACADEMIA, AND INDI- VIDUAL CITIZENS TO IMPROVE, DEVELOP AND IMPLEMENT RISK-BASED STANDARDS FOR GOVERNMENT, PRIVATE SECTOR BUSINESSES AND INDIVIDUAL CITIZENS; AND A NEW YORK STATE CYBER SECURITY INFORMATION SHARING PROGRAM. 2. CRITICAL INFRASTRUCTURE AND INFORMATION SYSTEMS. AS USED IN THIS SECTION, THE TERM "CRITICAL INFRASTRUCTURE AND INFORMATION SYSTEMS" SHALL MEAN ALL SYSTEMS AND ASSETS, WHETHER PHYSICAL OR VIRTUAL, SO VITAL TO THE GOVERNMENT, PRIVATE SECTOR BUSINESSES AND INDIVIDUAL CITIZENS OF THE STATE OF NEW YORK THAT THE INCAPACITY OR DESTRUCTION OF SUCH SYSTEMS AND ASSETS WOULD HAVE A DEBILITATING IMPACT TO THE SECURITY, ECONOMY, OR S. 6405--B 46 PUBLIC HEALTH OF THE INDIVIDUAL CITIZENS, GOVERNMENT, OR PRIVATE SECTOR BUSINESSES OF THE STATE OF NEW YORK. 3. NEW YORK STATE CYBER SECURITY ADVISORY BOARD. (A) THERE SHALL BE WITHIN THE DIVISION OF HOMELAND SECURITY AND EMERGENCY SERVICES, A NEW YORK STATE CYBER SECURITY ADVISORY BOARD, WHICH SHALL ADVISE THE GOVER- NOR AND THE LEGISLATURE ON DEVELOPMENTS IN CYBER SECURITY AND MAKE RECOMMENDATIONS FOR PROTECTING THE STATE'S CRITICAL INFRASTRUCTURE AND INFORMATION SYSTEMS. (B) THE BOARD MEMBERS SHALL CONSIST OF ELEVEN MEMBERS APPOINTED BY THE GOVERNOR, WITH THREE MEMBERS APPOINTED UPON RECOMMENDATION OF THE TEMPO- RARY PRESIDENT OF THE SENATE, AND THREE MEMBERS APPOINTED AT THE RECOM- MENDATION OF THE SPEAKER OF THE ASSEMBLY. ALL MEMBERS SO APPOINTED SHALL HAVE EXPERTISE IN CYBER SECURITY, TELECOMMUNICATIONS, INTERNET SERVICE DELIVERY, PUBLIC PROTECTION, COMPUTER SYSTEMS AND/OR COMPUTER NETWORKS. (C) THE BOARD SHALL INVESTIGATE, DISCUSS AND MAKE RECOMMENDATIONS CONCERNING CYBER SECURITY ISSUES INVOLVING BOTH THE PUBLIC AND PRIVATE SECTORS AND WHAT STEPS CAN BE TAKEN BY NEW YORK STATE TO PROTECT CRIT- ICAL CYBER INFRASTRUCTURE, FINANCIAL SYSTEMS, TELECOMMUNICATIONS NETWORKS, ELECTRICAL GRIDS, SECURITY SYSTEMS, FIRST RESPONDER SYSTEMS AND INFRASTRUCTURE, PHYSICAL INFRASTRUCTURE SYSTEMS, TRANSPORTATION SYSTEMS, AND SUCH OTHER AND FURTHER SECTORS OF STATE GOVERNMENT AND THE PRIVATE SECTOR AS THE ADVISORY BOARD SHALL DEEM PRUDENT. (D) THE PURPOSE OF THE ADVISORY BOARD SHALL BE TO PROMOTE THE DEVELOP- MENT OF INNOVATIVE, ACTIONABLE POLICIES TO ENSURE THAT NEW YORK STATE IS IN THE FOREFRONT OF PUBLIC CYBER SECURITY DEFENSE. (E) THE MEMBERS OF THE ADVISORY BOARD SHALL RECEIVE NO COMPENSATION FOR THEIR SERVICES, BUT MAY RECEIVE ACTUAL AND NECESSARY EXPENSES, AND SHALL NOT BE DISQUALIFIED FOR HOLDING ANY OTHER PUBLIC OFFICE OR EMPLOY- MENT BY MEANS OF THEIR SERVICE AS A MEMBER OF THE ADVISORY BOARD. (F) THE ADVISORY BOARD SHALL BE ENTITLED TO REQUEST AND RECEIVE, AND SHALL BE PROVIDED WITH, SUCH FACILITIES, RESOURCES AND DATA OF ANY AGEN- CY, DEPARTMENT, DIVISION, BOARD, BUREAU, COMMISSION, OR PUBLIC AUTHORITY OF THE STATE, AS THEY MAY REASONABLY REQUEST, TO CARRY OUT PROPERLY THEIR POWERS, DUTIES AND PURPOSE. 4. NEW YORK STATE CYBER SECURITY INFORMATION SHARING AND ANALYSIS PROGRAM. (A) THE DIVISION OF HOMELAND SECURITY AND EMERGENCY SERVICES, IN CONSULTATION WITH THE DIVISION OF THE STATE POLICE, THE STATE OFFICE OF INFORMATION TECHNOLOGY SERVICES, AND THE CENTER FOR INTERNET SECURI- TY, SHALL ESTABLISH, WITHIN SIXTY DAYS OF THE EFFECTIVE DATE OF THIS SECTION, A VOLUNTARY NEW YORK STATE CYBER SECURITY INFORMATION SHARING AND ANALYSIS PROGRAM. (B) IT SHALL BE THE PURPOSE OF THE NEW YORK STATE CYBER SECURITY INFORMATION SHARING AND ANALYSIS PROGRAM TO INCREASE THE VOLUME, TIMELI- NESS, AND QUALITY OF CYBER THREAT INFORMATION SHARED WITH NEW YORK STATE PUBLIC AND PRIVATE SECTOR ENTITIES SO THAT THESE ENTITIES MAY BETTER PROTECT AND DEFEND THEMSELVES AGAINST CYBER THREATS AND TO PROMOTE THE DEVELOPMENT OF EFFECTIVE DEFENSES AND STRATEGIES TO COMBAT, AND PROTECT AGAINST, CYBER THREATS AND ATTACKS. (C) TO FACILITATE THE PURPOSES OF THE NEW YORK STATE CYBER SECURITY INFORMATION SHARING AND ANALYSIS PROGRAM, THE DIVISION OF HOMELAND SECU- RITY AND EMERGENCY SERVICES, SHALL PROMULGATE REGULATIONS, IN ACCORDANCE WITH THE PROVISIONS OF THIS SUBDIVISION. (D) THE REGULATIONS SHALL PROVIDE FOR THE TIMELY PRODUCTION OF UNCLAS- SIFIED REPORTS OF CYBER THREATS TO NEW YORK STATE AND ITS PUBLIC AND PRIVATE SECTOR ENTITIES, INCLUDING THREATS THAT IDENTIFY A SPECIFIC TARGETED ENTITY. S. 6405--B 47 (E) THE REGULATIONS SHALL ADDRESS THE NEED TO PROTECT INTELLIGENCE AND LAW ENFORCEMENT SOURCES, METHODS, OPERATIONS, AND INVESTIGATIONS, AND SHALL FURTHER ESTABLISH A PROCESS THAT RAPIDLY DISSEMINATES THE REPORTS PRODUCED PURSUANT TO PARAGRAPH (D) OF THIS SUBDIVISION, TO BOTH ANY TARGETED ENTITY AS WELL AS SUCH OTHER AND FURTHER PUBLIC AND PRIVATE ENTITIES AS THE DIVISION SHALL DEEM NECESSARY TO ADVANCE THE PURPOSES OF THIS SUBDIVISION. (F) THE REGULATIONS SHALL PROVIDE FOR PROTECTIONS FROM LIABILITY FOR ENTITIES SHARING AND RECEIVING INFORMATION WITH THE NEW YORK STATE CYBER SECURITY INFORMATION AND ANALYSIS PROGRAM, SO LONG AS THE ENTITY ACTED IN GOOD FAITH. (G) THE REGULATIONS SHALL FURTHER ESTABLISH A SYSTEM FOR TRACKING THE PRODUCTION, DISSEMINATION, AND DISPOSITION OF THE REPORTS PRODUCED IN ACCORDANCE WITH THE PROVISIONS OF THIS SUBDIVISION. (H) THE REGULATIONS SHALL ALSO ESTABLISH AN ENHANCED CYBER SECURITY SERVICES PROGRAM, WITHIN NEW YORK STATE, TO PROVIDE FOR PROCEDURES, METHODS AND DIRECTIVES, FOR A VOLUNTARY INFORMATION SHARING PROGRAM, THAT WILL PROVIDE CYBER THREAT AND TECHNICAL INFORMATION COLLECTED FROM BOTH PUBLIC AND PRIVATE SECTOR ENTITIES, TO SUCH PRIVATE AND PUBLIC SECTOR ENTITIES AS THE DIVISION DEEMS PRUDENT, TO ADVISE ELIGIBLE CRIT- ICAL INFRASTRUCTURE COMPANIES OR COMMERCIAL SERVICE PROVIDERS THAT OFFER SECURITY SERVICES TO CRITICAL INFRASTRUCTURE ON CYBER SECURITY THREATS AND DEFENSE MEASURES. (I) THE REGULATIONS SHALL ALSO SEEK TO DEVELOP STRATEGIES TO MAXIMIZE THE UTILITY OF CYBER THREAT INFORMATION SHARING BETWEEN AND ACROSS THE PRIVATE AND PUBLIC SECTORS, AND SHALL FURTHER SEEK TO PROMOTE THE USE OF PRIVATE AND PUBLIC SECTOR SUBJECT MATTER EXPERTS TO ADDRESS CYBER SECU- RITY NEEDS IN NEW YORK STATE, WITH THESE SUBJECT MATTER EXPERTS PROVID- ING ADVICE REGARDING THE CONTENT, STRUCTURE, AND TYPES OF INFORMATION MOST USEFUL TO CRITICAL INFRASTRUCTURE OWNERS AND OPERATORS IN REDUCING AND MITIGATING CYBER RISKS. (J) THE REGULATIONS SHALL FURTHER SEEK TO ESTABLISH A CONSULTATIVE PROCESS TO COORDINATE IMPROVEMENTS TO THE CYBER SECURITY OF CRITICAL INFRASTRUCTURE, WHERE AS PART OF THE CONSULTATIVE PROCESS, THE PUBLIC AND PRIVATE ENTITIES OF THE STATE OF NEW YORK SHALL ENGAGE AND CONSIDER THE ADVICE OF THE DIVISION OF HOMELAND SECURITY AND EMERGENCY SERVICES, THE DIVISION OF THE STATE POLICE, THE STATE OFFICE OF INFORMATION TECH- NOLOGY SERVICES, THE CENTER FOR INTERNET SECURITY, THE NEW YORK STATE CYBER SECURITY ADVISORY BOARD, THE PROGRAMS ESTABLISHED BY THIS SUBDIVI- SION, AND SUCH OTHER AND FURTHER PRIVATE AND PUBLIC SECTOR ENTITIES, UNIVERSITIES, AND CYBER SECURITY EXPERTS AS THE DIVISION OF HOMELAND SECURITY AND EMERGENCY SERVICES MAY DEEM PRUDENT. (K) THE REGULATIONS SHALL FURTHER SEEK TO ESTABLISH A BASELINE FRAME- WORK TO REDUCE CYBER RISK TO CRITICAL INFRASTRUCTURE, AND SHALL SEEK TO HAVE THE DIVISION OF HOMELAND SECURITY AND EMERGENCY SERVICES, IN CONSULTATION WITH THE DIVISION OF STATE POLICE, THE STATE OFFICE OF INFORMATION TECHNOLOGY SERVICES, AND THE CENTER FOR INTERNET SECURITY, LEAD THE DEVELOPMENT OF A VOLUNTARY FRAMEWORK TO REDUCE CYBER RISKS TO CRITICAL INFRASTRUCTURE, TO BE KNOWN AS THE CYBER SECURITY FRAMEWORK, WHICH SHALL: (I) INCLUDE A SET OF STANDARDS, METHODOLOGIES, PROCEDURES, AND PROC- ESSES THAT ALIGN POLICY, BUSINESS, AND TECHNOLOGICAL APPROACHES TO ADDRESS CYBER RISKS; (II) INCORPORATE VOLUNTARY CONSENSUS STANDARDS AND INDUSTRY BEST PRAC- TICES TO THE FULLEST EXTENT POSSIBLE; S. 6405--B 48 (III) PROVIDE A PRIORITIZED, FLEXIBLE, REPEATABLE, PERFORMANCE-BASED, AND COST-EFFECTIVE APPROACH, INCLUDING INFORMATION SECURITY MEASURES AND CONTROLS, TO HELP OWNERS AND OPERATORS OF CRITICAL INFRASTRUCTURE IDEN- TIFY, ASSESS, AND MANAGE CYBER RISK; (IV) FOCUS ON IDENTIFYING CROSS-SECTOR SECURITY STANDARDS AND GUIDE- LINES APPLICABLE TO CRITICAL INFRASTRUCTURE; (V) IDENTIFY AREAS FOR IMPROVEMENT THAT SHOULD BE ADDRESSED THROUGH FUTURE COLLABORATION WITH PARTICULAR SECTORS AND STANDARDS-DEVELOPING ORGANIZATIONS; (VI) ENABLE TECHNICAL INNOVATION AND ACCOUNT FOR ORGANIZATIONAL DIFFERENCES, TO PROVIDE GUIDANCE THAT IS TECHNOLOGY NEUTRAL AND THAT ENABLES CRITICAL INFRASTRUCTURE SECTORS TO BENEFIT FROM A COMPETITIVE MARKET FOR PRODUCTS AND SERVICES THAT MEET THE STANDARDS, METHODOLOGIES, PROCEDURES, AND PROCESSES DEVELOPED TO ADDRESS CYBER RISKS; (VII) INCLUDE GUIDANCE FOR MEASURING THE PERFORMANCE OF AN ENTITY IN IMPLEMENTING THE CYBER SECURITY FRAMEWORK; (VIII) INCLUDE METHODOLOGIES TO IDENTIFY AND MITIGATE IMPACTS OF THE CYBER SECURITY FRAMEWORK AND ASSOCIATED INFORMATION SECURITY MEASURES OR CONTROLS ON BUSINESS CONFIDENTIALITY, AND TO PROTECT INDIVIDUAL PRIVACY AND CIVIL LIBERTIES; AND (IX) ENGAGE IN THE REVIEW OF THREAT AND VULNERABILITY INFORMATION AND TECHNICAL EXPERTISE. (L) THE REGULATIONS SHALL ADDITIONALLY ESTABLISH A VOLUNTARY CRITICAL INFRASTRUCTURE CYBER SECURITY PROGRAM TO SUPPORT THE ADOPTION OF THE CYBER SECURITY FRAMEWORK BY OWNERS AND OPERATORS OF CRITICAL INFRASTRUC- TURE AND ANY OTHER INTERESTED ENTITIES, WHERE UNDER THIS PROGRAM IMPLE- MENTATION GUIDANCE OR SUPPLEMENTAL MATERIALS WOULD BE DEVELOPED TO ADDRESS SECTOR-SPECIFIC RISKS AND OPERATING ENVIRONMENTS, AND RECOMMEND LEGISLATION FOR ENACTMENT TO ADDRESS CYBER SECURITY ISSUES. (M) IN DEVELOPING THE NEW YORK STATE CYBER SECURITY INFORMATION SHAR- ING AND ANALYSIS PROGRAM IN ACCORDANCE WITH THE PROVISIONS OF THIS SUBDIVISION, THE DIVISION OF HOMELAND SECURITY AND EMERGENCY SERVICES, IN CONSULTATION WITH THE DIVISION OF STATE POLICE, THE STATE OFFICE OF INFORMATION TECHNOLOGY SERVICES, AND THE CENTER FOR INTERNET SECURITY, SHALL PRODUCE AND SUBMIT A REPORT, TO THE GOVERNOR, THE TEMPORARY PRESI- DENT OF THE SENATE, AND THE SPEAKER OF THE ASSEMBLY, MAKING RECOMMENDA- TIONS ON THE FEASIBILITY, SECURITY BENEFITS, AND RELATIVE MERITS OF INCORPORATING SECURITY STANDARDS INTO ACQUISITION PLANNING AND CONTRACT ADMINISTRATION. SUCH REPORT SHALL FURTHER ADDRESS WHAT STEPS CAN BE TAKEN TO HARMONIZE AND MAKE CONSISTENT EXISTING PROCUREMENT REQUIREMENTS RELATED TO CYBER SECURITY AND THE FEASIBILITY OF INCLUDING RISK-BASED SECURITY STANDARDS INTO PROCUREMENT AND CONTRACT ADMINISTRATION. 5. NEW YORK STATE CYBER SECURITY CRITICAL INFRASTRUCTURE RISK ASSESS- MENT REPORT. (A) THE DIVISION OF HOMELAND SECURITY AND EMERGENCY SERVICES, IN CONSULTATION WITH THE DIVISION OF STATE POLICE, THE STATE OFFICE OF INFORMATION TECHNOLOGY SERVICES, AND THE CENTER FOR INTERNET SECURITY, WITHIN ONE HUNDRED TWENTY DAYS OF THE EFFECTIVE DATE OF THIS SECTION, SHALL PRODUCE A NEW YORK STATE CYBER SECURITY CRITICAL INFRAS- TRUCTURE RISK ASSESSMENT REPORT. (B) THE PRODUCTION OF THE NEW YORK STATE CYBER SECURITY CRITICAL INFRASTRUCTURE RISK ASSESSMENT REPORT SHALL USE A RISK-BASED APPROACH TO IDENTIFY CRITICAL INFRASTRUCTURE WHERE A CYBER SECURITY INCIDENT COULD REASONABLY RESULT IN CATASTROPHIC REGIONAL OR STATE-WIDE EFFECTS ON PUBLIC HEALTH OR SAFETY, ECONOMIC DISTRESS, AND/OR THREATEN PUBLIC PROTECTION OF THE PEOPLE AND/OR PROPERTY OF NEW YORK STATE. S. 6405--B 49 (C) THE PRODUCTION OF THE REPORT SHALL FURTHER USE THE CONSULTATIVE PROCESS AND DRAW UPON THE EXPERTISE OF AND ADVICE OF THE DIVISION OF HOMELAND SECURITY AND EMERGENCY SERVICES, THE DIVISION OF STATE POLICE, THE STATE OFFICE OF INFORMATION TECHNOLOGY SERVICES, THE CENTER FOR INTERNET SECURITY, THE NEW YORK STATE CYBER SECURITY ADVISORY BOARD, THE PROGRAMS ESTABLISHED BY THIS SECTION, AND SUCH OTHER AND FURTHER PRIVATE AND PUBLIC SECTOR ENTITIES, UNIVERSITIES, AND CYBER SECURITY EXPERTS AS THE DIVISION OF HOMELAND SECURITY AND EMERGENCY SERVICES MAY DEEM PRUDENT. (D) THE NEW YORK STATE CYBER SECURITY CRITICAL INFRASTRUCTURE RISK ASSESSMENT REPORT SHALL BE DELIVERED TO THE GOVERNOR, THE TEMPORARY PRESIDENT OF THE SENATE, THE SPEAKER OF THE ASSEMBLY, THE CHAIR OF THE SENATE STANDING COMMITTEE ON VETERANS, HOMELAND SECURITY AND MILITARY AFFAIRS, AND THE CHAIR OF THE ASSEMBLY STANDING COMMITTEE ON GOVERN- MENTAL OPERATIONS. (E) WHERE COMPLIANCE WITH THIS SECTION SHALL REQUIRE THE DISCLOSURE OF CONFIDENTIAL INFORMATION, OR THE DISCLOSURE OF SENSITIVE INFORMATION WHICH IN THE JUDGMENT OF THE COMMISSIONER OF THE DIVISION OF HOMELAND SECURITY AND EMERGENCY SERVICES WOULD JEOPARDIZE THE CYBER SECURITY OF THE STATE: (I) SUCH CONFIDENTIAL OR SENSITIVE INFORMATION SHALL BE PROVIDED TO THE PERSONS ENTITLED TO RECEIVE THE REPORT, IN THE FORM OF A SUPPLE- MENTAL APPENDIX TO THE REPORT; AND (II) SUCH SUPPLEMENTAL APPENDIX TO THE REPORT SHALL NOT BE SUBJECT TO THE PROVISIONS OF THE FREEDOM OF INFORMATION LAW PURSUANT TO ARTICLE SIX OF THE PUBLIC OFFICERS LAW; AND (III) THE PERSONS ENTITLED TO RECEIVE THE REPORT MAY DISCLOSE THE SUPPLEMENTAL APPENDIX TO THE REPORT TO THEIR PROFESSIONAL STAFF, BUT SHALL NOT OTHERWISE PUBLICLY DISCLOSE SUCH CONFIDENTIAL OR SECURE INFOR- MATION. S 2. This act shall take effect immediately. SUBPART F Section 1. This act shall be known and may be cited as the "personal information protection act". S 2. Legislative findings and determinations. The legislature finds and determines that the unauthorized access to, theft and misappropri- ation of personal information can cause serious and significant harm. The legislature further finds and determines that in an attempt to provide some level of protection against the unauthorized access to, and theft and misappropriation of such personal information, all persons or entities who collect and maintain such personal information should be required to follow certain minimum protocols and standards. The legislature additionally finds and determines that the minimum protocols and standards established by this act seek to promote the safeguarding of personal information contained in both paper and elec- tronic records, and that the objectives of this act are to promote the security and confidentiality of personal information in a manner fully consistent with customarily accepted standards and protocols; protect against unauthorized access, threats or hazards to the security or integrity of such information as best as can be anticipated; and protect against unauthorized access to, or the unauthorized use of, such infor- mation that may result in serious, significant or substantial harm or inconvenience. S. 6405--B 50 S 3. The penal law is amended by adding five new sections 156.07, 156.08, 156.45, 156.46 and 156.47 to read as follows: S 156.07 AGGRAVATED UNAUTHORIZED USE OF A COMPUTER IN THE SECOND DEGREE. IN ACCORDANCE WITH THE DEFINITION OF TERMS CONTAINED IN SECTION FOUR HUNDRED ONE OF THE STATE TECHNOLOGY LAW, ANY PERSON WHO INTENTIONALLY COPIES, DUPLICATES, USES OR REMOVES PERSONAL INFORMATION FROM A COMPUT- ER, WITHOUT AUTHORIZATION FROM THE PERSONAL INFORMATION SUBJECT OR THE PERSONAL INFORMATION HOLDER, SHALL BE GUILTY OF AGGRAVATED UNAUTHORIZED USE OF A COMPUTER IN THE SECOND DEGREE. AGGRAVATED UNAUTHORIZED USE OF A COMPUTER IN THE SECOND DEGREE IS A CLASS E FELONY. S 156.08 AGGRAVATED UNAUTHORIZED USE OF A COMPUTER IN THE FIRST DEGREE. IN ACCORDANCE WITH THE DEFINITION OF TERMS CONTAINED IN SECTION FOUR HUNDRED ONE OF THE STATE TECHNOLOGY LAW, ANY PERSON WHO INTENTIONALLY COPIES, DUPLICATES, USES OR REMOVES PERSONAL INFORMATION FROM A COMPUT- ER, WITHOUT AUTHORIZATION FROM THE PERSONAL INFORMATION SUBJECT OR THE PERSONAL INFORMATION HOLDER, THAT RESULTS IN DAMAGES IN THE AMOUNT OF ONE THOUSAND DOLLARS OR MORE TO THE PERSONAL INFORMATION SUBJECT, OR THAT RESULTS IN THE UNAUTHORIZED PUBLIC DISCLOSURE OF MEDICAL INFORMA- TION OF THE PERSONAL INFORMATION SUBJECT, SHALL BE GUILTY OF AGGRAVATED UNAUTHORIZED USE OF A COMPUTER IN THE FIRST DEGREE. AGGRAVATED UNAUTHORIZED USE OF A COMPUTER IN THE FIRST DEGREE IS A CLASS C FELONY. S 156.45 FAILING TO MAINTAIN STANDARDS FOR THE PROTECTION OF PERSONAL INFORMATION. IN ACCORDANCE WITH THE DEFINITION OF TERMS CONTAINED IN SECTION FOUR HUNDRED ONE OF THE STATE TECHNOLOGY LAW, ANY FIRST DEGREE PERSONAL INFORMATION HOLDER OR A FIRST DEGREE THIRD PARTY PERSONAL INFORMATION HOLDER THAT: 1. INTENTIONALLY VIOLATES ITS DUTY TO PROTECT PERSONAL INFORMATION, AND 2. INTENTIONALLY FAILS TO MAINTAIN THE STANDARDS FOR THE PROTECTION OF PERSONAL INFORMATION AS ESTABLISHED IN ITS APPROVED COMPREHENSIVE INFOR- MATION SECURITY PROGRAM, AND 3. EXPERIENCES A BREACH OF SECURITY INVOLVING PERSONAL INFORMATION, WHERE SUCH BREACH OF SECURITY HAS RESULTED IN: (A) THE IDENTITY THEFT OF A PERSONAL INFORMATION SUBJECT, OR (B) AN ACT OF FRAUD AGAINST A PERSONAL INFORMATION SUBJECT, OR (C) ANY ACT WHICH CAUSES DAMAGES IN THE AMOUNT OF ONE THOUSAND DOLLARS OR MORE TO THE PERSONAL INFORMATION SUBJECT, OR (D) ANY ACT WHICH CAUSES THE UNAUTHORIZED PUBLIC DISCLOSURE OF MEDICAL INFORMATION OF A PERSONAL INFORMATION SUBJECT, SHALL BE GUILTY OF FAILING TO MAINTAIN STANDARDS FOR THE PROTECTION OF PERSONAL INFORMATION. FAILING TO MAINTAIN STANDARDS FOR THE PROTECTION OF PERSONAL INFORMA- TION SHALL BE PUNISHABLE BY A FINE OF UP TO ONE THOUSAND DOLLARS FOR EVERY INCIDENCE OF IDENTITY THEFT, FRAUD OR ACT CAUSING DAMAGES OF ONE THOUSAND DOLLARS OR MORE, AND/OR BY A FINE OF UP TO ONE THOUSAND DOLLARS FOR EVERY INCIDENCE OF UNAUTHORIZED PUBLIC DISCLOSURE OF MEDICAL INFOR- MATION. S 156.46 FAILING TO NOTIFY OF A BREACH OF SECURITY IN THE SECOND DEGREE. ANY PERSONAL INFORMATION RECIPIENT THAT INTENTIONALLY FAILS TO PROVIDE TIMELY NOTIFICATION OF A BREACH OF SECURITY, AS REQUIRED BY SECTION FOUR HUNDRED SIX OF THE STATE TECHNOLOGY LAW, SHALL BE GUILTY OF THE OFFENSE OF FAILING TO NOTIFY OF A BREACH OF SECURITY IN THE SECOND DEGREE. S. 6405--B 51 FAILING TO NOTIFY OF A BREACH OF SECURITY IN THE SECOND DEGREE SHALL BE PUNISHABLE BY A FINE OF UP TO ONE THOUSAND DOLLARS FOR THE INTEN- TIONAL FAILURE TO TIMELY NOTIFY THE BUREAU OF CYBER SECURITY OF THE STATE POLICE PURSUANT TO SUBDIVISION ONE OF SECTION FOUR HUNDRED SIX OF THE STATE TECHNOLOGY LAW, AND/OR BY A FINE OF UP TO ONE THOUSAND DOLLARS FOR THE INTENTIONAL FAILURE TO TIMELY NOTIFY, IF REQUIRED, THE PERSONAL INFORMATION RECIPIENT'S COMPREHENSIVE SECURITY PROGRAM APPROVAL ENTITY PURSUANT TO SUBDIVISION TWO OF SECTION FOUR HUNDRED SIX OF THE STATE TECHNOLOGY LAW, AND/OR BY A FINE OF UP TO ONE HUNDRED DOLLARS FOR EACH PERSONAL INFORMATION SUBJECT THE PERSONAL INFORMATION RECIPIENT FAILED TO TIMELY NOTIFY PURSUANT TO SUBDIVISION FOUR OF SECTION FOUR HUNDRED SIX OF THE STATE TECHNOLOGY LAW. S 156.47 FAILING TO NOTIFY OF A BREACH OF SECURITY IN THE FIRST DEGREE. ANY FIRST DEGREE PERSONAL INFORMATION RECIPIENT THAT INTENTIONALLY FAILS TO PROVIDE TIMELY NOTIFICATION OF A BREACH OF SECURITY, AS REQUIRED BY SECTION FOUR HUNDRED SIX OF THE STATE TECHNOLOGY LAW, SHALL BE GUILTY OF THE OFFENSE OF FAILING TO NOTIFY OF A BREACH OF SECURITY IN THE FIRST DEGREE. FAILING TO NOTIFY OF A BREACH OF SECURITY IN THE FIRST DEGREE SHALL BE PUNISHABLE BY A FINE OF UP TO TEN THOUSAND DOLLARS FOR THE INTENTIONAL FAILURE TO TIMELY NOTIFY THE BUREAU OF CYBER SECURITY OF THE STATE POLICE PURSUANT TO SUBDIVISION ONE OF SECTION FOUR HUNDRED SIX OF THE STATE TECHNOLOGY LAW, AND/OR BY A FINE OF UP TO TEN THOUSAND DOLLARS FOR THE INTENTIONAL FAILURE TO TIMELY NOTIFY, IF REQUIRED, THE PERSONAL INFORMATION RECIPIENT'S COMPREHENSIVE SECURITY PROGRAM APPROVAL ENTITY PURSUANT TO SUBDIVISION TWO OF SECTION FOUR HUNDRED SIX OF THE STATE TECHNOLOGY LAW, AND/OR BY A FINE OF UP TO ONE THOUSAND DOLLARS FOR EACH PERSONAL INFORMATION SUBJECT THE FIRST DEGREE PERSONAL INFORMATION RECIPIENT FAILED TO TIMELY NOTIFY PURSUANT TO SUBDIVISION TWO OF SECTION FOUR HUNDRED SIX OF THE STATE TECHNOLOGY LAW. S 4. The state technology law is amended by adding a new article 4 to read as follows: ARTICLE IV STANDARDS FOR THE PROTECTION OF PERSONAL INFORMATION SECTION 401. DEFINITION OF TERMS. 402. DUTY TO PROTECT PERSONAL INFORMATION. 403. COMPREHENSIVE SECURITY PROGRAM STANDARDS. 404. APPROVAL OF COMPREHENSIVE SECURITY PROGRAMS. 405. COMPUTER SYSTEM SECURITY REQUIREMENTS. 406. BREACH OF SECURITY. 407. CAUSES OF ACTION. 408. LIABILITY PROTECTION. S 401. DEFINITIONS OF TERMS. THE FOLLOWING DEFINITIONS ARE APPLICABLE TO THIS ARTICLE EXCEPT WHERE DIFFERENT MEANINGS ARE EXPRESSLY SPECIFIED: 1. "PERSONAL INFORMATION SUBJECT", AS USED IN THIS ARTICLE, MEANS ANY NATURAL PERSON WHO HAS THEIR PERSONAL INFORMATION COLLECTED OR MAIN- TAINED BY A PERSONAL INFORMATION RECIPIENT. 2. "PERSONAL INFORMATION RECIPIENT" AS USED IN THIS ARTICLE, MEANS ANY SECOND DEGREE PERSONAL INFORMATION RECIPIENT OR FIRST DEGREE PERSONAL INFORMATION RECIPIENT. (A) "SECOND DEGREE PERSONAL INFORMATION RECIPIENT", AS USED IN THIS ARTICLE, MEANS ANY NATURAL PERSON, CORPORATION, PARTNERSHIP, LIMITED LIABILITY COMPANY, UNINCORPORATED ASSOCIATION, GOVERNMENT, OR OTHER ENTITY, THAT, IN THE COURSE OF THEIR PERSONAL, BUSINESS, COMMERCIAL, CORPORATE, ASSOCIATION OR GOVERNMENTAL OPERATIONS, COLLECTS, RECEIVES, S. 6405--B 52 STORES, MAINTAINS, PROCESSES, OR OTHERWISE HAS ACCESS TO, PERSONAL INFORMATION. (B) "FIRST DEGREE PERSONAL INFORMATION RECIPIENT", AS USED IN THIS ARTICLE, MEANS ANY NATURAL PERSON, CORPORATION, PARTNERSHIP, LIMITED LIABILITY COMPANY, UNINCORPORATED ASSOCIATION, GOVERNMENT, OR OTHER ENTITY, THAT, IN THE COURSE OF THEIR PERSONAL, BUSINESS, COMMERCIAL, CORPORATE, ASSOCIATION OR GOVERNMENTAL OPERATIONS, COLLECTS, RECEIVES, STORES, MAINTAINS, PROCESSES, OR OTHERWISE HAS ACCESS TO, PERSONAL INFORMATION, AND THAT HAS GROSS ANNUAL OPERATING REVENUES IN EXCESS OF ONE MILLION DOLLARS. 3. "PERSONAL INFORMATION COLLECTOR", AS USED IN THIS ARTICLE, MEANS ANY PERSONAL INFORMATION RECIPIENT, THAT DOES NOT MAINTAIN OR STORE SUCH PERSONAL INFORMATION, OR MAINTAIN ACCESS TO SUCH PERSONAL INFORMATION, FOR MORE THAN FIVE MINUTES, AND WAS PROVIDED WITH THE PERSONAL INFORMA- TION BY THE PERSONAL INFORMATION SUBJECT. 4. "PERSONAL INFORMATION HOLDER", AS USED IN THIS ARTICLE, MEANS ANY SECOND DEGREE PERSONAL INFORMATION HOLDER OR FIRST DEGREE PERSONAL INFORMATION HOLDER. (A) "SECOND DEGREE PERSONAL INFORMATION HOLDER", AS USED IN THIS ARTI- CLE, MEANS ANY PERSONAL INFORMATION RECIPIENT, THAT MAINTAINS OR STORES SUCH PERSONAL INFORMATION, OR MAINTAINS ACCESS TO SUCH PERSONAL INFORMA- TION, FOR MORE THAN FIVE MINUTES, AND WAS PROVIDED WITH THE PERSONAL INFORMATION BY THE PERSONAL INFORMATION SUBJECT. (B) "FIRST DEGREE PERSONAL INFORMATION HOLDER", AS USED IN THIS ARTI- CLE, MEANS ANY PERSONAL INFORMATION RECIPIENT, THAT MAINTAINS OR STORES SUCH PERSONAL INFORMATION, OR MAINTAINS ACCESS TO SUCH PERSONAL INFORMA- TION, FOR MORE THAN FIVE MINUTES, AND WAS PROVIDED WITH THE PERSONAL INFORMATION BY THE PERSONAL INFORMATION SUBJECT, AND THAT HAS GROSS ANNUAL OPERATING REVENUES IN EXCESS OF ONE MILLION DOLLARS. 5. "THIRD PARTY PERSONAL INFORMATION HOLDER", AS USED IN THIS ARTICLE, MEANS ANY SECOND DEGREE THIRD PARTY PERSONAL INFORMATION HOLDER OR FIRST DEGREE THIRD PARTY PERSONAL INFORMATION HOLDER. (A) "SECOND DEGREE THIRD PARTY PERSONAL INFORMATION HOLDER", AS USED IN THIS ARTICLE, MEANS ANY PERSONAL INFORMATION RECIPIENT, THAT AGREES TO COLLECT, RECEIVE, STORE, MAINTAIN, PROCESS, OR OTHERWISE HAVE ACCESS TO, PERSONAL INFORMATION, AND WAS PROVIDED WITH SUCH PERSONAL INFORMA- TION FROM A PERSONAL INFORMATION COLLECTOR, A PERSONAL INFORMATION HOLD- ER, OR ANOTHER THIRD PARTY PERSONAL INFORMATION HOLDER. (B) "FIRST DEGREE THIRD PARTY PERSONAL INFORMATION HOLDER", AS USED IN THIS ARTICLE, MEANS ANY PERSONAL INFORMATION RECIPIENT, THAT AGREES TO COLLECT, RECEIVE, STORE, MAINTAIN, PROCESS, OR OTHERWISE HAVE ACCESS TO, PERSONAL INFORMATION, AND WAS PROVIDED WITH SUCH PERSONAL INFORMATION FROM A PERSONAL INFORMATION COLLECTOR, A PERSONAL INFORMATION HOLDER, OR ANOTHER THIRD PARTY PERSONAL INFORMATION HOLDER, AND THAT HAS GROSS ANNUAL OPERATING REVENUES IN EXCESS OF ONE MILLION DOLLARS. 6. "PERSONAL INFORMATION", AS USED IN THIS ARTICLE, (A) MEANS ANY INFORMATION, INCLUDING PAPER-BASED INFORMATION OR ELEC- TRONIC INFORMATION, THAT CONTAINS A NEW YORK STATE RESIDENT'S FIRST NAME AND LAST NAME, OR A NEW YORK STATE RESIDENT'S FIRST INITIAL AND LAST NAME, IN COMBINATION WITH ANY ONE OR MORE OF THE FOLLOWING OTHER INFOR- MATIONAL ELEMENTS THAT RELATE TO SUCH RESIDENT: (I) A GOVERNMENTALLY ISSUED IDENTIFICATION NUMBER, INCLUDING: (1) SOCIAL SECURITY NUMBER; (2) DRIVER'S LICENSE NUMBER; (3) STATE ISSUED IDENTIFICATION CARD NUMBER; (4) MILITARY IDENTIFICATION CARD NUMBER; S. 6405--B 53 (5) STUDENT IDENTIFICATION NUMBER; OR (6) A UNITED STATES PASSPORT NUMBER; (II) PERSONAL FINANCIAL INFORMATION, INCLUDING: (1) FINANCIAL ACCOUNT INFORMATION, INCLUDING: (A) BANK ACCOUNT INFORMATION: (B) INVESTMENT ACCOUNT INFORMATION; (C) RETIREMENT ACCOUNT INFORMATION; (D) DEFERRED COMPENSATION ACCOUNT INFORMATION; (E) MORTGAGE ACCOUNT INFORMATION; (F) CAR LOAN ACCOUNT INFORMATION; (G) CREDIT LINE ACCOUNT INFORMATION; (H) PERSONAL LOAN ACCOUNT INFORMATION; OR (I) ANY OTHER MONETARY FUND OR LOAN ACCOUNT INFORMATION; INCLUDING: (I) THE NUMBER OF SUCH FINANCIAL ACCOUNT; (II) ANY RECORD OF SUCH FINANCIAL ACCOUNT; (III) A TRANSACTION HISTORY OF SUCH ACCOUNT; (IV) A BALANCE OF SUCH ACCOUNT; AND/OR (V) ANY SECURITY CODE, ACCESS CODE, PERSONAL IDENTIFICATION NUMBER OR PASSWORD, THAT WOULD PERMIT ACCESS TO, OR USE OF, SUCH FINANCIAL ACCOUNT; (2) CREDIT OR DEBIT CARD INFORMATION, INCLUDING: (A) THE NUMBER OF SUCH CREDIT CARD OR DEBIT CARD; (B) THE EXPIRATION DATE OF SUCH CREDIT OR DEBIT CARD; (C) THE CARD VERIFICATION VALUE CODE NUMBER OF SUCH CREDIT OR DEBIT CARD; (D) ANY RECORD OF SUCH CREDIT OR DEBIT CARD ACCOUNT; (E) ANY TRANSACTION HISTORY OF SUCH CREDIT OR DEBIT CARD; (F) ANY BALANCE OF SUCH CREDIT OR DEBIT CARD; AND/OR (G) ANY REQUIRED SECURITY CODE, ACCESS CODE, PERSONAL IDENTIFICATION NUMBER OR PASSWORD, THAT WOULD PERMIT ACCESS TO, OR USE OF, SUCH CREDIT OR DEBIT CARD; OR (3) CREDIT STATUS INFORMATION, INCLUDING: (A) CREDIT SCORE; (B) CREDIT HISTORY; OR (C) ANY INFORMATION DESCRIBING CREDIT TRANSACTIONS OF THE PERSONAL INFORMATION SUBJECT; (III) PHYSICAL CHARACTERISTIC INFORMATION, INCLUDING: (1) THE HEIGHT OF THE PERSONAL INFORMATION SUBJECT; (2) THE WEIGHT OF THE PERSONAL INFORMATION SUBJECT; (3) THE HAIR COLOR OF THE PERSONAL INFORMATION SUBJECT; (4) THE EYE COLOR OF THE PERSONAL INFORMATION SUBJECT; AND/OR (5) ANY OTHER DISTINGUISHING CHARACTERISTICS OF THE PERSONAL INFORMA- TION SUBJECT; (IV) BIOMETRIC INFORMATION, INCLUDING: (1) FINGERPRINTS OF THE PERSONAL INFORMATION SUBJECT; (2) VOICE-PRINTS OF THE PERSONAL INFORMATION SUBJECT; (3) EYE SCANS OF THE PERSONAL INFORMATION SUBJECT; (4) BLOOD SAMPLES OF THE PERSONAL INFORMATION SUBJECT; (5) DEOXYRIBONUCLEIC ACID (DNA) BASED SAMPLES OF THE PERSONAL INFORMA- TION SUBJECT; (6) SKIN SAMPLES OF THE PERSONAL INFORMATION SUBJECT; (7) HAIR SAMPLES OF THE PERSONAL INFORMATION SUBJECT; AND/OR (8) ANY OTHER BIOMETRIC INFORMATION WHICH IS INTENDED OR COLLECTED FOR THE PURPOSE OF IDENTIFICATION OF THE PERSONAL INFORMATION SUBJECT; OR (V) MEDICAL INFORMATION, INCLUDING BUT NOT LIMITED TO, ANY INFORMATION COLLECTED OR MAINTAINED ABOUT A PERSON INFORMATION SUBJECT PURSUANT TO S. 6405--B 54 EXAMINATION, TESTING OR TREATMENT FOR PHYSICAL OR MENTAL ILLNESS OR WELLNESS, OR ANY OTHER INFORMATION COLLECTED OR MAINTAINED ON A PERSONAL INFORMATION SUBJECT BY A HEALTH CARE PROVIDER OR HEALTH CARE INSURER; (B) SHALL NOT INCLUDE: (I) PERSONAL INFORMATION THAT IS LAWFULLY OBTAINED FROM PUBLICLY AVAILABLE INFORMATION, OR FROM FEDERAL, STATE OR LOCAL GOVERNMENT RECORDS LAWFULLY MADE AVAILABLE TO THE GENERAL PUBLIC; OR (II) PAPER-BASED INFORMATION THAT HAS BEEN INTENTIONALLY DISCARDED OR ABANDONED BY THE PERSONAL INFORMATION SUBJECT. 7. "BREACH OF SECURITY", AS USED IN THIS ARTICLE, MEANS THE UNAUTHOR- IZED ACCESS, VIEWING, ACQUISITION, COPYING, DUPLICATION, REMOVAL OR ANY OTHER USE OF PERSONAL INFORMATION, EITHER IN UNENCRYPTED FORM OR IN ENCRYPTED FORM TOGETHER WITH THE CONFIDENTIAL PROCESS OR KEY THAT IS CAPABLE OF COMPROMISING THE SECURITY, CONFIDENTIALITY, OR INTEGRITY OF PERSONAL INFORMATION. A GOOD FAITH UNAUTHORIZED ACCESS, VIEWING OR ACQUISITION OF PERSONAL INFORMATION, FOR THE LAWFUL PURPOSES OF A PERSONAL INFORMATION COLLECTOR, IS NOT A BREACH OF SECURITY UNLESS THE PERSONAL INFORMATION IS THEREAFTER USED IN AN UNAUTHORIZED MANNER OR IS SUBJECT TO FURTHER UNAUTHORIZED DISCLOSURE, AS A RESULT OF SUCH GOOD FAITH UNAUTHORIZED ACCESS OR ACQUISITION. 8. "RECORD", AS USED IN THIS ARTICLE, MEANS ANY INFORMATION UPON WHICH WRITTEN, DRAWN, SPOKEN, VISUAL, OR ELECTROMAGNETIC DATA OR IMAGES ARE RECORDED OR PRESERVED, EITHER AS PAPER-BASED INFORMATION OR ELECTRONIC INFORMATION. 9. "PAPER-BASED INFORMATION", AS USED IN THIS ARTICLE, MEANS PERSONAL INFORMATION COLLECTED OR MAINTAINED VIA PAPER, WRITING OR OTHER DRAWING MEDIUM, OR ANY OTHER PHYSICAL BASED, TANGIBLE, RECORDING MEDIUM. 10. "ELECTRONIC INFORMATION", AS USED IN THIS ARTICLE, MEANS PERSONAL INFORMATION COLLECTED OR MAINTAINED VIA COMPUTER, TELEPHONE, INTERNET, COMPUTER NETWORK OR OTHER ELECTRICAL, DIGITAL, MAGNETIC, WIRELESS, OPTICAL, ELECTROMAGNETIC OR SIMILAR DEVICE. 11. "ENCRYPTION", AS USED IN THIS ARTICLE, MEANS THE TRANSFORMATION OF DATA INTO A FORM IN WHICH THE MEANING OF SUCH DATA CANNOT BE ACCESSED WITHOUT THE USE OF A CONFIDENTIAL PROCESS OR KEY. S 402. DUTY TO PROTECT PERSONAL INFORMATION. EVERY PERSONAL INFORMA- TION RECIPIENT SHALL HAVE A LEGAL DUTY TO PROTECT THE SECURITY AND INTEGRITY OF ALL PERSONAL INFORMATION IN THEIR CUSTODY FROM UNAUTHORIZED ACCESS OR UNAUTHORIZED USE. S 403. COMPREHENSIVE SECURITY PROGRAM STANDARDS. 1. COMPREHENSIVE SECURITY PROGRAMS FOR PERSONAL INFORMATION RECIPI- ENTS. EVERY PERSONAL INFORMATION RECIPIENT SHALL DEVELOP, IMPLEMENT, AND MAINTAIN A COMPREHENSIVE PERSONAL INFORMATION SECURITY PROGRAM THAT IS WRITTEN IN ONE OR MORE READILY ACCESSIBLE PARTS, AND CONTAINS ADMINIS- TRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS, DETAILING THE PERSONAL INFORMATION RECIPIENT'S OBLIGATIONS TO SAFEGUARD THE PERSONAL INFORMA- TION UNDER SUCH COMPREHENSIVE INFORMATION SECURITY PROGRAM, THAT ARE APPROPRIATE TO: (A) THE SIZE, SCOPE AND TYPE OF THE PERSONAL, BUSINESS, COMMERCIAL, CORPORATE, ASSOCIATION OR GOVERNMENTAL OPERATION OF THE PERSONAL INFOR- MATION RECIPIENT; (B) THE AMOUNT OF VOLUNTEERS, EMPLOYEES AND/OR FINANCIAL RESOURCES AVAILABLE TO SUCH PERSONAL INFORMATION RECIPIENT; (C) THE AMOUNT OF PERSONAL INFORMATION IN THE CUSTODY OF THE PERSONAL INFORMATION RECIPIENT; AND (D) THE NEED FOR SECURITY AND CONFIDENTIALITY OF THE PERSONAL INFORMA- TION. S. 6405--B 55 2. COMPREHENSIVE SECURITY PROGRAMS FOR FIRST DEGREE PERSONAL INFORMA- TION HOLDERS AND FIRST DEGREE THIRD PARTY PERSONAL INFORMATION HOLDERS. EVERY FIRST DEGREE PERSONAL INFORMATION HOLDER, AND EVERY FIRST DEGREE THIRD PARTY PERSONAL INFORMATION HOLDER, SHALL DEVELOP, IMPLEMENT, AND MAINTAIN AN APPROVED COMPREHENSIVE PERSONAL INFORMATION SECURITY PROGRAM, THAT IS WRITTEN IN ONE OR MORE READILY ACCESSIBLE PARTS, AND CONTAINS ADMINISTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS, DETAILING THE FIRST DEGREE PERSONAL INFORMATION HOLDER OR FIRST DEGREE THIRD PARTY PERSONAL INFORMATION HOLDER'S OBLIGATIONS TO SAFEGUARD THE PERSONAL INFORMATION UNDER SUCH COMPREHENSIVE INFORMATION SECURITY PROGRAM, THAT ARE APPROPRIATE TO: (A) THE SIZE, SCOPE AND TYPE OF THE PERSONAL, BUSINESS, COMMERCIAL, CORPORATE, ASSOCIATION OR GOVERNMENTAL OPERATION OF THE PERSONAL INFOR- MATION HOLDER OR THIRD PARTY PERSONAL INFORMATION HOLDER; (B) THE AMOUNT OF RESOURCES AVAILABLE TO SUCH PERSONAL INFORMATION HOLDER OR THIRD PARTY PERSONAL INFORMATION HOLDER; (C) THE AMOUNT OF PERSONAL INFORMATION IN THE CUSTODY OF THE PERSONAL INFORMATION HOLDER OR THIRD PARTY PERSONAL INFORMATION HOLDER; AND (D) THE NEED FOR SECURITY AND CONFIDENTIALITY OF THE PERSONAL INFORMA- TION. 3. SAFEGUARDS FOR PROTECTION OF PERSONAL INFORMATION. THE SAFEGUARDS CONTAINED IN THE COMPREHENSIVE PERSONAL INFORMATION SECURITY PROGRAM REQUIRED BY THIS SECTION MUST BE CONSISTENT WITH THE SAFEGUARDS FOR PROTECTION OF PERSONAL INFORMATION AND INFORMATION OF A SIMILAR CHARAC- TER SET FORTH IN ANY STATE OR FEDERAL REGULATIONS BY WHICH HOLDER OF PERSONAL INFORMATION MAY BE REGULATED. 4. REQUIREMENTS FOR COMPREHENSIVE SECURITY PROGRAMS. EVERY COMPREHEN- SIVE INFORMATION SECURITY PROGRAM SHALL INCLUDE, BUT SHALL NOT BE LIMIT- ED TO: (A) DESIGNATING ONE OR MORE PERSONS, OR IN THE CASE OF A BUSINESS ONE OR MORE EMPLOYEES, TO MAINTAIN THE COMPREHENSIVE INFORMATION SECURITY PROGRAM; (B) CLEARLY IDENTIFYING AND ASSESSING REASONABLY FORESEEABLE INTERNAL AND EXTERNAL RISKS TO THE SECURITY, CONFIDENTIALITY, AND/OR INTEGRITY OF ANY ELECTRONIC INFORMATION, PAPER-BASED INFORMATION OR OTHER RECORDS CONTAINING PERSONAL INFORMATION, IN THE CUSTODY OF THE PERSONAL INFORMA- TION RECIPIENT, AND EVALUATING AND IMPROVING, WHERE NECESSARY, THE EFFECTIVENESS OF THE CURRENT SAFEGUARDS FOR LIMITING SUCH RISKS, INCLUD- ING BUT NOT LIMITED TO: (I) ONGOING PERSONAL, VOLUNTEER, AND/OR EMPLOYEE TRAINING; (II) PERSONAL, VOLUNTEER, AND/OR EMPLOYEE COMPLIANCE WITH POLICIES AND PROCEDURES; (III) THE MEANS FOR DETECTING AND PREVENTING SECURITY SYSTEM RISKS; AND/OR (IV) THE MEANS FOR DETECTING AND PREVENTING SECURITY SYSTEM FAILURES; (C) DEVELOPING SECURITY POLICIES FOR PERSONS, VOLUNTEERS AND/OR EMPLOYEES RELATING TO THE STORAGE, ACCESS AND TRANSPORTATION OF RECORDS CONTAINING PERSONAL INFORMATION ON THE PREMISES OF THE PERSONAL INFORMA- TION RECIPIENT; (D) DEVELOPING SECURITY POLICIES FOR PERSONS, VOLUNTEERS AND/OR EMPLOYEES RELATING TO THE STORAGE, ACCESS AND TRANSPORTATION OF RECORDS CONTAINING PERSONAL INFORMATION OUTSIDE THE PREMISES OF THE PERSONAL INFORMATION RECIPIENT; (E) IMPOSING DISCIPLINARY MEASURES FOR VIOLATIONS OF THE COMPREHENSIVE INFORMATION SECURITY PROGRAM RULES; S. 6405--B 56 (F) PREVENTING DISASSOCIATED PERSONS OR VOLUNTEERS, AND/OR FORMER OR TERMINATED EMPLOYEES FROM ACCESSING RECORDS CONTAINING PERSONAL INFORMA- TION; (G) OVERSIGHT OF THIRD PARTY HOLDERS OF PERSONAL INFORMATION, BY: (I) TAKING REASONABLE STEPS TO SELECT AND RETAIN THIRD PARTY PERSONAL INFORMATION HOLDERS THAT ARE CAPABLE OF MAINTAINING APPROPRIATE SECURITY MEASURES TO PROTECT SUCH PERSONAL INFORMATION CONSISTENT WITH THIS ARTI- CLE AND ANY OTHER APPLICABLE FEDERAL OR STATE STATUTES OR REGULATIONS; AND (II) REQUIRING SUCH THIRD-PARTY INFORMATION HOLDERS BY CONTRACT TO IMPLEMENT AND MAINTAIN SUCH APPROPRIATE SECURITY MEASURES FOR PERSONAL INFORMATION; (H) REASONABLE RESTRICTIONS UPON PHYSICAL ACCESS TO ANY ELECTRONIC INFORMATION, PAPER-BASED INFORMATION OR OTHER RECORDS CONTAINING PERSONAL INFORMATION, AND STORAGE OF SUCH INFORMATION AND/OR RECORDS AND DATA IN LOCKED FACILITIES, STORAGE AREAS OR CONTAINERS; (I) REGULAR MONITORING TO ENSURE THAT THE COMPREHENSIVE INFORMATION SECURITY PROGRAM IS OPERATING IN A MANNER REASONABLY CALCULATED TO PREVENT UNAUTHORIZED ACCESS TO, OR UNAUTHORIZED USE OF, PERSONAL INFOR- MATION; AND UPGRADING INFORMATION SAFEGUARDS AS NECESSARY TO LIMIT AND MINIMIZE SUCH RISKS; (J) REVIEWING THE SCOPE OF THE SECURITY MEASURES NOT LESS THAN QUAR- TERLY, OR WHENEVER THERE IS A MATERIAL CHANGE IN THE PERSONAL, BUSINESS, COMMERCIAL, CORPORATE, ASSOCIATION OR GOVERNMENTAL OPERATION PRACTICES OF THE PERSONAL INFORMATION RECIPIENT THAT MAY REASONABLY EFFECT THE SECURITY OR INTEGRITY OF RECORDS CONTAINING PERSONAL INFORMATION; (K) DOCUMENTING RESPONSIVE ACTIONS TO BE TAKEN IN CONNECTION WITH ANY INCIDENT INVOLVING A BREACH OF SECURITY, AND MANDATORY POST-INCIDENT REVIEW OF EVENTS AND ACTIONS TAKEN, IF ANY, TO MAKE CHANGES IN THE PERSONAL, BUSINESS, COMMERCIAL, CORPORATE, ASSOCIATION OR GOVERNMENTAL OPERATION PRACTICES OF THE PERSONAL INFORMATION RECIPIENT, RELATING TO PROTECTION OF PERSONAL INFORMATION; AND (L) DETAILING ALL PHYSICAL SECURITY, SECURITY PROTOCOLS, AND ENCRYPTION METHODS THAT WILL BE USED BY THE PERSONAL INFORMATION RECIPI- ENT TO SAFEGUARD THE PERSONAL INFORMATION. S 404. APPROVAL OF COMPREHENSIVE SECURITY PROGRAMS. 1. APPROVAL OF COMPREHENSIVE SECURITY PROGRAMS. ON OR BEFORE THE FIRST DAY OF APRIL, EVERY FIRST DEGREE PERSONAL INFORMATION HOLDER AND EVERY FIRST DEGREE THIRD PARTY PERSONAL INFORMATION HOLDER SHALL ANNUALLY SUBMIT ITS COMPREHENSIVE PERSONAL INFORMATION SECURITY PROGRAM FOR APPROVAL TO THE APPROPRIATE APPROVAL ENTITY, AS FOLLOWS: (A) THE APPROPRIATE APPROVAL ENTITY FOR ANY FIRST DEGREE PERSONAL INFORMATION HOLDER OR FIRST DEGREE THIRD PARTY PERSONAL INFORMATION HOLDER REGULATED BY A STATE AGENCY SHALL BE THE CHIEF INFORMATION OFFI- CER OF SUCH REGULATING STATE AGENCY. (B) THE APPROPRIATE APPROVAL ENTITY FOR ANY FIRST DEGREE PERSONAL INFORMATION HOLDER OR FIRST DEGREE THIRD PARTY PERSONAL INFORMATION HOLDER NOT REGULATED BY A STATE AGENCY, OR REGULATED BY A STATE AGENCY THAT DOES NOT MAINTAIN A CHIEF INFORMATION OFFICER, SHALL BE THE CHIEF INFORMATION OFFICER OF THE OFFICE OF INFORMATION TECHNOLOGY SERVICES. (C) THE COMPREHENSIVE SECURITY PROGRAM SUBMITTED BY THE FIRST DEGREE PERSONAL INFORMATION HOLDER OR THE FIRST DEGREE THIRD PARTY PERSONAL INFORMATION HOLDER, SHALL BE SUBMITTED IN THE FORM AND MANNER AS REQUIRED BY THE APPROPRIATE APPROVAL ENTITY. (D) IF THE ENTITY TO WHICH THE COMPREHENSIVE SECURITY PROGRAM IS SUBMITTED, DETERMINES THAT IT IS NOT THE APPROPRIATE APPROVAL ENTITY, S. 6405--B 57 THEN SUCH ENTITY TO WHICH THE PROGRAM WAS SUBMITTED FOR APPROVAL SHALL FORWARD SUCH SUBMISSION TO THE APPROPRIATE APPROVAL ENTITY AND SHALL PROVIDE WRITTEN NOTIFICATION TO THE FIRST DEGREE PERSONAL INFORMATION HOLDER OR FIRST DEGREE THIRD PARTY PERSONAL INFORMATION HOLDER SUBMIT- TING THE PROGRAM FOR APPROVAL OF SUCH FORWARDING, AND SUCH ORIGINAL SUBMISSION, MADE PRIOR TO ANY SUCH NOTIFICATION SHALL BE DEEMED TIMELY FOR PURPOSES OF THIS ARTICLE. (E) IF THE APPROPRIATE APPROVAL ENTITY DOES NOT ISSUE AN APPROVAL OR DENIAL OF THE COMPREHENSIVE SECURITY PROGRAM BY THE FIRST DAY OF MAY OF EACH YEAR, WHERE SUCH PROGRAM WAS PROPERLY SUBMITTED TO THE APPROPRIATE APPROVAL ENTITY BY THE FIRST DAY OF APRIL OF EACH YEAR, THEN THE COMPRE- HENSIVE SECURITY PROGRAM SHALL BE DEEMED APPROVED, AND WHERE A COMPRE- HENSIVE SECURITY PROGRAM WAS SUBMITTED TO THE APPROPRIATE APPROVAL ENTI- TY AFTER THE FIRST DAY OF APRIL OF EACH YEAR, AND THE APPROPRIATE APPROVAL ENTITY DOES NOT ISSUE AN APPROVAL OR DENIAL OF THE COMPREHEN- SIVE SECURITY PROGRAM WITHIN FORTY-FIVE DAYS, THEN THE COMPREHENSIVE SECURITY PROGRAM SHALL BE DEEMED APPROVED. (F) THE APPROPRIATE APPROVAL ENTITY SHALL NOT REQUIRE THE PAYMENT OF ANY FEE OR CHARGE FOR THE SUBMISSION, REVIEW, APPROVAL, DENIAL OR RE-RE- VIEW OF THE COMPREHENSIVE SECURITY PROGRAM. (G) ANY DENIAL OF A COMPREHENSIVE SECURITY PROGRAM SUBMITTED SHALL SPECIFY WHAT CHANGES NEED TO BE MADE TO THE PROGRAM IN ORDER TO GAIN APPROVAL, AND THE APPROVAL ENTITY SHALL WORK WITH THE FIRST DEGREE PERSONAL INFORMATION HOLDER OR THE FIRST DEGREE THIRD PARTY PERSONAL INFORMATION HOLDER TO DEVELOP AN APPROVED PROGRAM. 2. POST DENIAL OF APPROVAL OF THE COMPREHENSIVE SECURITY PROGRAM. IF THE APPROPRIATE APPROVAL ENTITY AND THE FIRST DEGREE PERSONAL INFORMA- TION HOLDER OR THE FIRST DEGREE THIRD PARTY PERSONAL INFORMATION HOLDER CANNOT REACH AN AGREEMENT TO OBTAIN APPROVAL OF A COMPREHENSIVE SECURITY PROGRAM IN ACCORDANCE WITH THE PROVISIONS OF THIS SECTION, WITHIN THIRTY DAYS OF THE DENIAL, THEN THE APPROPRIATE APPROVAL ENTITY MAY IMPOSE A COMPREHENSIVE PERSONAL INFORMATION SECURITY PROGRAM UPON THE FIRST DEGREE PERSONAL INFORMATION HOLDER OR THE FIRST DEGREE THIRD PARTY PERSONAL INFORMATION HOLDER. THE IMPOSITION OF A COMPREHENSIVE PERSONAL INFORMATION SECURITY PROGRAM SHALL BE SUBJECT TO ADMINISTRATIVE REVIEW IN ACCORDANCE WITH THE STATE ADMINISTRATIVE PROCEDURE ACT, AS WELL AS JUDICIAL REVIEW PURSUANT TO AN ACTION BROUGHT UNDER ARTICLE SEVENTY-EIGHT OF THE CIVIL PRACTICE LAW AND RULES. S 405. COMPUTER SYSTEM SECURITY REQUIREMENTS. 1. COMPUTER SYSTEM SECURITY PROGRAM. EVERY PERSONAL INFORMATION HOLDER OR THIRD PARTY PERSONAL INFORMATION HOLDER WHO ELECTRONICALLY STORES OR TRANSMITS PERSONAL INFORMATION SHALL INCLUDE IN ITS WRITTEN, COMPREHENSIVE INFOR- MATION SECURITY PROGRAM THE ESTABLISHMENT AND MAINTENANCE OF A COMPUTER SECURITY SYSTEM PROGRAM COVERING ALL OF ITS COMPUTERS, ELECTRONIC SYSTEMS AND/OR NETWORKS, INCLUDING ANY WIRELESS SYSTEM. 2. MINIMUM STANDARDS FOR COMPUTER SYSTEM SECURITY PROGRAM. EVERY FIRST DEGREE PERSONAL INFORMATION HOLDER OR FIRST DEGREE PERSONAL INFORMATION HOLDER MUST ADDITIONALLY, ESTABLISH A COMPUTER SYSTEM SECURITY PROGRAM, THAT, AT A MINIMUM, AND TO THE EXTENT TECHNICALLY FEASIBLE, HAS THE FOLLOWING ELEMENTS: (A) SECURE USER AUTHENTICATION PROTOCOLS INCLUDING: (I) CONTROL OF USER IDS, USER NAMES, PASSWORDS AND OTHER UNIQUE IDEN- TIFIERS; (II) A REASONABLY SECURE METHOD OF ASSIGNING AND SELECTING PASSWORDS, OR USE OF UNIQUE IDENTIFIER TECHNOLOGIES, SUCH AS BIOMETRICS OR TOKEN DEVICES; S. 6405--B 58 (III) CONTROL OF DATA SECURITY PASSWORDS TO ENSURE THAT SUCH PASSWORDS ARE KEPT IN A LOCATION AND/OR FORMAT THAT DOES NOT COMPROMISE THE SECU- RITY OF THE DATA THEY PROTECT; (IV) A PROGRAM OF RESTRICTING ACCESS TO ACTIVE USERS AND ACTIVE USER ACCOUNTS ONLY; AND (V) A REQUIREMENT TO BLOCK ACCESS TO USER IDENTIFICATION AFTER MULTI- PLE UNSUCCESSFUL ATTEMPTS TO GAIN ACCESS OR THE LIMITATION PLACED ON ACCESS FOR THE PARTICULAR SYSTEM; (B) SECURE ACCESS CONTROL MEASURES THAT: (I) RESTRICT ACCESS TO RECORDS AND FILES CONTAINING PERSONAL INFORMA- TION TO THOSE WHO NEED SUCH INFORMATION TO PERFORM THEIR JOB DUTIES; AND (II) ASSIGN UNIQUE IDENTIFICATIONS PLUS PASSWORDS, WHICH ARE NOT VENDOR SUPPLIED DEFAULT PASSWORDS, TO EACH PERSON WITH COMPUTER ACCESS, THAT ARE REASONABLY DESIGNED TO MAINTAIN THE INTEGRITY OF THE SECURITY OF THE ACCESS CONTROLS; (C) ENCRYPTION OF ALL TRANSMITTED RECORDS AND FILES CONTAINING PERSONAL INFORMATION THAT WILL TRAVEL ACROSS PUBLIC NETWORKS, OR AN ALTERNATIVE SYSTEM OF DATA PROTECTION AND SECURITY THAT HAS BEEN ACCEPTED BY COMPUTER INDUSTRY STANDARDS AS EQUIVALENT OR SUPERIOR; (D) ENCRYPTION OF ALL DATA CONTAINING PERSONAL INFORMATION TO BE TRAN- SMITTED WIRELESSLY, OR AN ALTERNATIVE SYSTEM OF DATA PROTECTION AND SECURITY THAT HAS BEEN ACCEPTED BY COMPUTER INDUSTRY STANDARDS AS EQUIV- ALENT OR SUPERIOR; (E) REASONABLE MONITORING OF SYSTEMS, FOR UNAUTHORIZED USE OF OR ACCESS TO PERSONAL INFORMATION; (F) ENCRYPTION OF ALL PERSONAL INFORMATION STORED ON LAPTOPS OR OTHER PORTABLE DEVICES, OR AN ALTERNATIVE SYSTEM OF DATA PROTECTION AND SECU- RITY THAT HAS BEEN ACCEPTED BY COMPUTER INDUSTRY STANDARDS AS EQUIVALENT OR SUPERIOR; (G) PROTOCOLS FOR ESTABLISHING STATE OF THE ART, AIR-GAPPED SYSTEMS FOR THE STORAGE AND MAINTENANCE OF PERSONAL INFORMATION, OR AN ALTERNA- TIVE SYSTEM OF DATA PROTECTION AND SECURITY THAT HAS BEEN ACCEPTED BY COMPUTER INDUSTRY STANDARDS AS EQUIVALENT OR SUPERIOR; (H) FOR FILES CONTAINING PERSONAL INFORMATION ON A SYSTEM THAT IS CONNECTED TO THE INTERNET, REASONABLY UP-TO-DATE FIREWALL PROTECTION AND OPERATING SYSTEM SECURITY PATCHES, REASONABLY DESIGNED TO MAINTAIN THE INTEGRITY OF THE PERSONAL INFORMATION, OR AN ALTERNATIVE SYSTEM OF DATA PROTECTION AND SECURITY THAT HAS BEEN ACCEPTED BY COMPUTER INDUSTRY STANDARDS AS EQUIVALENT OR SUPERIOR; (I) REASONABLY UP-TO-DATE VERSIONS OF SYSTEM SECURITY AGENT SOFTWARE WHICH INCLUDING MALWARE PROTECTION AND REASONABLY UP-TO-DATE PATCHES AND VIRUS DEFINITIONS, OR A VERSION OF SUCH SOFTWARE THAT CAN STILL BE SUPPORTED WITH UP-TO-DATE PATCHES AND VIRUS DEFINITIONS, SET TO RECEIVE THE MOST CURRENT SECURITY UPDATES ON A REGULAR BASIS, OR AN ALTERNATIVE SYSTEM OF DATA PROTECTION AND SECURITY THAT HAS BEEN ACCEPTED BY COMPUT- ER INDUSTRY STANDARDS AS EQUIVALENT OR SUPERIOR; AND (J) EDUCATION AND TRAINING OF PERSONS, VOLUNTEERS AND/OR EMPLOYEES ON THE PROPER USE OF THE COMPUTER SECURITY SYSTEM AND THE IMPORTANCE OF PERSONAL INFORMATION SECURITY. 3. REVIEW OF COMPUTER SYSTEM SECURITY PROGRAMS. EVERY PERSONAL INFOR- MATION HOLDER OR THIRD PARTY PERSONAL INFORMATION HOLDER WHO ELECTRON- ICALLY STORES OR TRANSMITS SUCH INFORMATION SHALL FURTHER REVIEW AND UPDATE ITS WRITTEN, APPROVED, COMPREHENSIVE INFORMATION SECURITY PROGRAM NOT LESS THAN ANNUALLY, TO INCLUDE ALL FEASIBLE RECENTLY DEVELOPED TECH- NOLOGICAL SAFEGUARDS AND PROTOCOLS THAT COULD ENHANCE THE PROTECTION OF THE COLLECTION, STORAGE AND MAINTENANCE OF SUCH PERSONAL INFORMATION. S. 6405--B 59 S 406. BREACH OF SECURITY. 1. NOTIFICATION OF THE BUREAU OF CYBER SECURITY OF THE STATE POLICE. IN ADDITION TO ANY OTHER REQUIREMENTS PURSUANT TO ANY OTHER PROVISION OF LAW, NOT LATER THAN TEN DAYS AFTER DISCOVERING A SECURITY BREACH INVOLVING PERSONAL INFORMATION, ANY PERSONAL INFORMATION RECIPIENT THAT HAS EXPERIENCED A BREACH OF SECURITY INVOLVING PERSONAL INFORMATION, SHALL MAKE A COMPREHENSIVE REPORT TO THE BUREAU OF CYBER SECURITY OF THE STATE POLICE, IN THE FORM AND MANNER REQUIRED BY THE BUREAU OF CYBER SECURITY OF THE STATE POLICE, NOTIFYING SUCH BUREAU OF THE SECURITY BREACH. 2. NOTIFICATION OF COMPREHENSIVE SECURITY PROGRAM APPROVAL ENTITY. IF SUCH PERSONAL INFORMATION RECIPIENT OR THIRD PARTY PERSONAL INFORMATION RECIPIENT IS REQUIRED IN ACCORDANCE WITH SECTION FOUR HUNDRED FOUR OF THIS ARTICLE, TO OBTAIN APPROVAL OF ITS COMPREHENSIVE SECURITY PROGRAM, THEN SUCH PERSONAL INFORMATION RECIPIENT OR THIRD PARTY PERSONAL INFOR- MATION RECIPIENT SHALL ALSO MAKE A COMPREHENSIVE REPORT TO THE ENTITY FROM WHICH THE PERSONAL INFORMATION RECIPIENT OR THIRD PARTY INFORMATION RECIPIENT IS REQUIRED TO OBTAIN APPROVAL FOR ITS COMPREHENSIVE SECURITY PROGRAM, IN THE FORM AND MANNER REQUIRED BY SUCH APPROVAL ENTITY, NOTI- FYING SUCH APPROVAL ENTITY OF THE SECURITY BREACH. 3. NOTIFICATION OF THE CHIEF INFORMATION OFFICER. NOT MORE THAN FIVE DAYS AFTER RECEIVING THE NOTIFICATION REQUIRED PURSUANT TO SUBDIVISIONS ONE OR TWO OF THIS SECTION, THE BUREAU OF CYBER SECURITY OF THE STATE POLICE, AND/OR THE ENTITY REQUIRED TO APPROVE THE COMPREHENSIVE SECURITY PROGRAM OF THE NOTIFYING PERSONAL INFORMATION RECIPIENT OR THIRD PARTY PERSONAL INFORMATION RECIPIENT, SHALL PROVIDE THE COMPREHENSIVE REPORT PROVIDED TO SUCH BUREAU AND/OR APPROVAL ENTITY TO THE CHIEF INFORMATION OFFICER OF THE OFFICE OF INFORMATION TECHNOLOGY SERVICES. 4. NOTIFICATION OF PERSONAL INFORMATION SUBJECTS. IN ADDITION TO ANY OTHER REQUIREMENTS PURSUANT TO ANY OTHER PROVISION OF LAW, UPON THE RECEIPT OF THE COMPREHENSIVE REPORT REQUIRED BY SUBDIVISION THREE OF THIS SECTION, THE CHIEF INFORMATION OFFICER OF THE OFFICE OF INFORMATION TECHNOLOGY SERVICES MAY REQUIRE, IN A SPECIFIED TIMEFRAME, AND IN A SPECIFIED FORM AND MANNER, THAT THE PERSONAL INFORMATION RECIPIENT OR THIRD PARTY PERSONAL INFORMATION RECIPIENT NOTIFY ALL PERSONAL INFORMA- TION SUBJECTS OF THE FACT THAT THERE HAS BEEN A BREACH OF SECURITY INVOLVING THEIR PERSONAL INFORMATION. S 407. CAUSES OF ACTION. 1. LIMITATION ON CIVIL ACTIONS. ANY PERSONAL INFORMATION SUBJECT, AS DEFINED BY SUBDIVISION ONE OF SECTION FOUR HUNDRED ONE OF THIS ARTICLE, MAY BRING A CIVIL ACTION, AGAINST A PERSONAL INFORMATION RECIPIENT, AS DEFINED BY SUBDIVISION TWO OF SECTION FOUR HUNDRED ONE OF THIS ARTICLE IN THE SUPREME COURT OF ANY COUNTY IN WHICH THE PERSONAL INFORMATION RECIPIENT RESIDES OR CONDUCTS BUSINESS OPERATIONS, FOR DAMAGES OR EQUITABLE RELIEF, ARISING FROM A BREACH OF SECURITY, AS DEFINED BY SUBDIVISION SEVEN OF SECTION FOUR HUNDRED ONE OF THIS ARTICLE, AND IN ACCORDANCE WITH THE PROVISIONS OF THIS SECTION. A CIVIL ACTION FOR DAMAGES OR EQUITABLE RELIEF, MAY NOT, HOWEVER, BE BROUGHT BY A PERSONAL INFORMATION SUBJECT, IN ANY OTHER STATE COURT OF COMPETENT JURISDICTION, OTHER THAN IN ACCORDANCE WITH THE PROVISIONS OF THIS SECTION, IF SUCH CIVIL ACTION ARISES OUT OF A BREACH OF SECURITY BY A PERSONAL INFORMATION RECIPIENT. 2. CIVIL ACTIONS THAT MAY BE BROUGHT BY A PERSONAL INFORMATION SUBJECT AGAINST A PERSONAL INFORMATION RECIPIENT. (A) TIMELINESS OF ACTIONS. A CIVIL ACTION MAY BE BROUGHT IN ACCORDANCE WITH THIS SECTION IF SUCH CIVIL ACTION IS BROUGHT WITHIN SIX YEARS OF THE DATE OF THE REPORTING OF THE BREACH OF SECURITY AS REQUIRED BY SECTION FOUR HUNDRED SIX OF THIS ARTICLE, OR IN THE EVENT NO SUCH REPORT S. 6405--B 60 WAS EVER MADE, WITHIN ANY TIME AFTER THE DATE OF THE DISCOVERY OF THE BREACH OF SECURITY BY THE PERSONAL INFORMATION SUBJECT. (B) EQUITABLE ACTION. ANY ACTION BROUGHT IN ACCORDANCE WITH THIS SECTION, MAY SEEK EITHER DAMAGES OR EQUITABLE RELIEF. IF A PERSONAL INFORMATION SUBJECT SEEKS EQUITABLE RELIEF FOR A BREACH OF SECURITY INVOLVING A SECURITY BREACH OF PERSONAL INFORMATION FROM A PERSONAL INFORMATION RECIPIENT, AND THE COURT DETERMINES THAT SUCH EQUITABLE RELIEF IS JUST AND PROPER AND SHOULD BE AWARDED, THEN IN ADDITION TO SUCH EQUITABLE RELIEF, THE COURT MAY ALSO AWARD THE PERSONAL INFORMATION SUBJECT COSTS, DISBURSEMENTS AND ATTORNEYS FEES OF THE ACTION. (C) ACTIONS INVOLVING DAMAGES. ANY ACTION BROUGHT IN ACCORDANCE WITH THIS SECTION, SEEKING DAMAGES FOR A BREACH OF SECURITY INVOLVING A SECU- RITY BREACH OF PERSONAL INFORMATION FROM A A PERSONAL INFORMATION RECIP- IENT, SHALL BE BROUGHT AS FOLLOWS: (I) FIRST DEGREE PERSONAL INFORMATION HOLDERS OR FIRST DEGREE THIRD PARTY PERSONAL INFORMATION HOLDERS WITH ANNUAL REVENUES OF TEN MILLION DOLLARS OR MORE. ANY FIRST DEGREE PERSONAL INFORMATION HOLDER OR FIRST DEGREE THIRD PARTY PERSONAL INFORMATION HOLDER, THAT HAS GROSS ANNUAL REVENUES OF TEN MILLION DOLLARS OR MORE, AND THAT FAILS TO MAINTAIN THE STANDARDS FOR THE PROTECTION OF PERSONAL INFORMATION AS ESTABLISHED IN ITS COMPREHENSIVE INFORMATION SECURITY PROGRAM, OR THAT FAILS TO MAIN- TAIN A COMPREHENSIVE SECURITY PROGRAM AS REQUIRED BY THIS ARTICLE, AND THAT EXPERIENCES A BREACH OF SECURITY INVOLVING SUCH PERSONAL INFORMA- TION, SHALL BE LIABLE IN A CIVIL ACTION BROUGHT IN ACCORDANCE WITH THIS SECTION, FOR DAMAGES, IF THE PERSONAL INFORMATION SUBJECT INVOLVED IN THE BREACH OF SECURITY SUSTAINS ANY DAMAGES AS A RESULT OF SUCH BREACH, IN THE AMOUNT OF THREE TIMES THE AMOUNT OF SUCH DAMAGES SO SUSTAINED, OR AN AMOUNT OF UP TO TEN THOUSAND DOLLARS, WHICHEVER IS GREATER, TOGETHER WITH COSTS, DISBURSEMENTS AND ATTORNEYS FEES OF THE ACTION, OR IN THE EVENT THAT ANY PERSONAL INFORMATION SUBJECT INVOLVED IN THE BREACH OF SECURITY SUSTAINS A PUBLIC DISCLOSURE OF THEIR MEDICAL INFORMATION, AS DEFINED IN SUBPARAGRAPH (V) OF PARAGRAPH (A) OF SUBDIVISION SIX OF SECTION FOUR HUNDRED ONE OF THIS ARTICLE, THEN SUCH PERSONAL INFORMATION SUBJECT MAY BE AWARDED A RECOVERY IN THE AMOUNT OF UP TO THREE TIMES THE AMOUNT OF ANY DAMAGES SUSTAINED AS A RESULT OF THE DISCLOSURE OF SUCH MEDICAL INFORMATION, OR AN AMOUNT OF UP TO TWENTY-FIVE THOUSAND DOLLARS, WHICHEVER IS GREATER, TOGETHER WITH COSTS, DISBURSEMENTS AND ATTORNEYS FEES OF THE ACTION. WHERE THE COURT FINDS THAT THE PERSONAL INFORMATION HOLDER OR A THIRD PARTY PERSONAL INFORMATION HOLDER, INTENTIONALLY FAILED TO ESTABLISH A COMPREHENSIVE INFORMATION SECURITY PROGRAM, OR INTENTIONALLY FAILED TO SEEK AND OBTAIN APPROVAL FOR A COMPREHENSIVE INFORMATION SECURITY PROGRAM, WHERE REQUIRED, OR INTENTIONALLY FAILED TO MAINTAIN THE STANDARDS FOR THE PROTECTION OF PERSONAL INFORMATION AS ESTABLISHED IN ITS COMPREHENSIVE INFORMATION SECURITY PROGRAM, THEN THE COURT MAY ALSO AWARD PUNITIVE DAMAGES TO THE PLAINTIFF OF AN ACTION BROUGHT UNDER THIS SUBDIVISION IN THE AMOUNT NOT TO EXCEED TWO HUNDRED FIFTY THOUSAND DOLLARS. (II) FIRST DEGREE PERSONAL INFORMATION HOLDERS AND FIRST DEGREE THIRD PARTY PERSONAL INFORMATION HOLDERS WITH ANNUAL REVENUES OF BETWEEN ONE MILLION DOLLARS AND TEN MILLION DOLLARS. ANY FIRST DEGREE PERSONAL INFORMATION HOLDER OR A THIRD PARTY PERSONAL INFORMATION HOLDER, THAT HAS GROSS ANNUAL REVENUES OF NOT LESS THAN ONE MILLION DOLLARS BUT LESS THAN TEN MILLION DOLLARS, AND THAT FAILS TO MAINTAIN THE STANDARDS FOR THE PROTECTION OF PERSONAL INFORMATION AS ESTABLISHED IN ITS COMPREHEN- SIVE INFORMATION SECURITY PROGRAM, OR THAT FAILS TO MAINTAIN A COMPRE- HENSIVE SECURITY PROGRAM AS REQUIRED BY THIS ARTICLE, AND THAT EXPERI- S. 6405--B 61 ENCES A BREACH OF SECURITY INVOLVING SUCH PERSONAL INFORMATION, SHALL BE LIABLE IN A CIVIL ACTION BROUGHT IN ACCORDANCE WITH THIS SECTION, FOR DAMAGES, IF THE PERSONAL INFORMATION SUBJECT INVOLVED IN THE BREACH OF SECURITY SUSTAINS ANY DAMAGES AS A RESULT OF SUCH BREACH, IN THE AMOUNT OF THREE TIMES THE AMOUNT OF SUCH DAMAGES SO SUSTAINED, OR AN AMOUNT OF UP TO FIVE THOUSAND DOLLARS, WHICHEVER IS GREATER, TOGETHER WITH COSTS, DISBURSEMENTS AND ATTORNEYS FEES OF THE ACTION, OR IN THE EVENT THAT ANY PERSONAL INFORMATION SUBJECT INVOLVED IN THE BREACH OF SECURITY SUSTAINS A PUBLIC DISCLOSURE OF THEIR MEDICAL INFORMATION, AS DEFINED IN SUBPARA- GRAPH (V) OF PARAGRAPH (A) OF SUBDIVISION SIX OF SECTION FOUR HUNDRED ONE OF THIS ARTICLE, THEN SUCH PERSONAL INFORMATION SUBJECT MAY BE AWARDED A RECOVERY IN THE AMOUNT OF UP TO THREE TIMES THE AMOUNT OF ANY DAMAGES SUSTAINED AS A RESULT OF THE DISCLOSURE OF SUCH MEDICAL INFORMA- TION, OR AN AMOUNT OF UP TO TEN THOUSAND DOLLARS, WHICHEVER IS GREATER, TOGETHER WITH COSTS, DISBURSEMENTS AND ATTORNEYS FEES OF THE ACTION. WHERE THE COURT FINDS THAT THE PERSONAL INFORMATION HOLDER OR A THIRD PARTY PERSONAL INFORMATION HOLDER, INTENTIONALLY FAILED TO ESTABLISH A COMPREHENSIVE INFORMATION SECURITY PROGRAM, OR INTENTIONALLY FAILED TO SEEK AND OBTAIN APPROVAL FOR A COMPREHENSIVE INFORMATION SECURITY PROGRAM, WHERE REQUIRED, OR INTENTIONALLY FAILED TO MAINTAIN THE STAND- ARDS FOR THE PROTECTION OF PERSONAL INFORMATION AS ESTABLISHED IN ITS COMPREHENSIVE INFORMATION SECURITY PROGRAM, THEN THE COURT MAY ALSO AWARD PUNITIVE DAMAGES TO THE PLAINTIFF OF AN ACTION BROUGHT UNDER THIS SUBDIVISION IN THE AMOUNT NOT TO EXCEED ONE HUNDRED THOUSAND DOLLARS. (III) PERSONAL INFORMATION HOLDERS AND THIRD PARTY INFORMATION HOLDERS WITH ANNUAL REVENUES OF LESS THAN ONE MILLION DOLLARS. ANY PERSONAL INFORMATION HOLDER OR A THIRD PARTY PERSONAL INFORMATION HOLDER, THAT HAS ANNUAL GROSS REVENUES OF LESS THAN ONE MILLION DOLLARS, AND THAT FAILS TO MAINTAIN THE STANDARDS FOR THE PROTECTION OF PERSONAL INFORMA- TION AS ESTABLISHED IN ITS COMPREHENSIVE INFORMATION SECURITY PROGRAM, OR THAT FAILS TO MAINTAIN A COMPREHENSIVE SECURITY PROGRAM AS REQUIRED BY THIS ARTICLE, AND THAT EXPERIENCES A BREACH OF SECURITY INVOLVING SUCH PERSONAL INFORMATION, SHALL BE LIABLE IN A CIVIL ACTION FOR DAMAGES BROUGHT IN ACCORDANCE WITH THIS SECTION, IN THE AMOUNT OF SUCH DAMAGES SO SUSTAINED, OR AN AMOUNT OF UP TO ONE THOUSAND DOLLARS, WHICHEVER IS GREATER, TOGETHER WITH COSTS, DISBURSEMENTS AND ATTORNEYS FEES OF THE ACTION, OR IN THE EVENT THAT ANY PERSONAL INFORMATION SUBJECT INVOLVED IN THE BREACH OF SECURITY SUSTAINS A PUBLIC DISCLOSURE OF THEIR MEDICAL INFORMATION, AS DEFINED IN SUBPARAGRAPH (V) OF PARAGRAPH (A) OF SUBDIVI- SION SIX OF SECTION FOUR HUNDRED ONE OF THIS ARTICLE, THEN SUCH PERSONAL INFORMATION SUBJECT MAY BE AWARDED A RECOVERY IN THE AMOUNT OF ANY DAMAGES SUSTAINED AS A RESULT OF THE DISCLOSURE OF SUCH MEDICAL INFORMA- TION, OR AN AMOUNT OF UP TO TWO THOUSAND FIVE HUNDRED DOLLARS, WHICHEVER IS GREATER, TOGETHER WITH COSTS, DISBURSEMENTS AND ATTORNEYS FEES OF THE ACTION. (IV) PERSONAL INFORMATION COLLECTORS. ANY PERSONAL INFORMATION COLLEC- TOR, THAT FAILS TO MAINTAIN THE STANDARDS FOR THE PROTECTION OF PERSONAL INFORMATION AS ESTABLISHED IN ITS COMPREHENSIVE INFORMATION SECURITY PROGRAM, OR THAT FAILS TO MAINTAIN A COMPREHENSIVE SECURITY PROGRAM AS REQUIRED BY THIS ARTICLE, AND THAT EXPERIENCES A BREACH OF SECURITY INVOLVING SUCH PERSONAL INFORMATION, SHALL BE LIABLE IN A CIVIL ACTION FOR DAMAGES BROUGHT IN ACCORDANCE WITH THIS SECTION, IN THE AMOUNT OF SUCH DAMAGES SO SUSTAINED, OR AN AMOUNT OF UP TO ONE THOUSAND DOLLARS, WHICHEVER IS GREATER, TOGETHER WITH COSTS, DISBURSEMENTS AND ATTORNEYS FEES OF THE ACTION, OR IN THE EVENT THAT ANY PERSONAL INFORMATION SUBJECT INVOLVED IN THE BREACH OF SECURITY SUSTAINS A PUBLIC DISCLOSURE S. 6405--B 62 OF THEIR MEDICAL INFORMATION, AS DEFINED IN SUBPARAGRAPH (V) OF PARA- GRAPH (A) OF SUBDIVISION SIX OF SECTION FOUR HUNDRED ONE OF THIS ARTI- CLE, THEN SUCH PERSONAL INFORMATION SUBJECT MAY BE AWARDED A RECOVERY IN THE AMOUNT OF ANY DAMAGES SUSTAINED AS A RESULT OF THE DISCLOSURE OF SUCH MEDICAL INFORMATION, OR AN AMOUNT OF UP TO TWO THOUSAND FIVE HUNDRED DOLLARS, WHICHEVER IS GREATER, TOGETHER WITH COSTS, DISBURSE- MENTS AND ATTORNEYS FEES OF THE ACTION. S 408. LIABILITY PROTECTION. 1. LIABILITY PROTECTION IT SHALL BE A COMPLETE DEFENSE TO ANY CIVIL ACTION BROUGHT IN ACCORDANCE WITH SECTION FOUR HUNDRED SEVEN OF THIS ARTICLE, BY A PERSONAL INFORMATION SUBJECT, AGAINST A PERSONAL INFORMATION RECIPIENT, THAT SUCH PERSONAL INFORMATION RECIPIENT, ESTABLISHED AND MAINTAINED A COMPREHENSIVE PERSONAL INFORMA- TION SECURITY PROGRAM, AS REQUIRED BY THIS ARTICLE, AND FOLLOWED AND COMPLIED WITH ALL PROVISIONS OF SUCH COMPREHENSIVE PERSONAL INFORMATION SECURITY PROGRAM, AND MAINTAINED, IF REQUIRED, ALL COMPUTER SYSTEM SECU- RITY REQUIREMENTS, IN ACCORDANCE WITH SECTION FOUR HUNDRED FIVE OF THIS ARTICLE, AND MAINTAINED, IF REQUIRED, THE PROPER APPROVAL FOR SUCH COMPREHENSIVE PERSONAL INFORMATION SECURITY PROGRAM, IN ACCORDANCE WITH SECTION FOUR HUNDRED FOUR OF THIS ARTICLE, AT THE TIME OF THE BREACH OF SUCH SECURITY. 2. ANY CIVIL ACTION BROUGHT BY A PERSONAL INFORMATION SUBJECT AGAINST A PERSONAL INFORMATION RECIPIENT, IN ANY COURT OF COMPETENT JURISDIC- TION, INVOLVING DAMAGES ARISING FROM A BREACH OF SECURITY, AS DEFINED IN SUBDIVISION SEVEN OF SECTION FOUR HUNDRED ONE OF THIS ARTICLE, THAT IS NOT BROUGHT IN ACCORDANCE WITH THE PROVISIONS OF SECTION FOUR HUNDRED SEVEN OF THIS ARTICLE, SHALL BE DISMISSED WITHOUT PREJUDICE, AGAINST SUCH PERSONAL INFORMATION RECIPIENT, BUT THAT SUCH PERSONAL INFORMATION SUBJECT MAY BRING A SUBSEQUENT ACTION, IF TIMELY, IN ACCORDANCE WITH THE PROVISIONS OF SECTION FOUR HUNDRED SIX OF THIS ARTICLE. S 5. This act shall take effect on the first of November next succeed- ing the date on which it shall have become a law. SUBPART G Section 1. This act shall be known and may be cited as the New York state Iran divestment act. S 2. Section 2 of chapter 1 of the laws 2012 amending the state finance law and other laws enacting the Iran divestment act of 2012 is amended to read as follows: S 2. The legislature hereby finds and declares all of the following: [(a) Congress and the President have determined that the illicit nuclear activities of the Government of Iran, combined with its develop- ment of unconventional weapons and ballistic missiles, and its support of international terrorism, represent a serious threat to the security of the United States, Israel, and other United States allies in Europe, the Middle East, and around the world. (b) The International Atomic Energy Agency has repeatedly called attention to Iran's unlawful nuclear activities, and, as a result, the United Nations Security Council has adopted a range of sanctions designed to encourage the government of Iran to cease those activities and comply with its obligations under the Treaty on the Non-Prolifera- tion of Nuclear Weapons (commonly known as the "Nuclear Non-Prolifera- tion Treaty"). (c) On July 1, 2010, President Barack Obama signed into law H.R. 2194, the "Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010" (Public Law 111-195), which expressly authorizes states and S. 6405--B 63 local governments to prevent investment in, including prohibiting entry into or renewing contracts with, companies operating in Iran's energy sector with investments that have the result of directly or indirectly supporting the efforts of the government of Iran to achieve nuclear weapons capability. (d) The serious and urgent nature of the threat from Iran demands that states, local governments, and private institutions work together with the federal government and American allies to do everything possible diplomatically, politically, and economically to prevent Iran from acquiring a nuclear weapons capability. (e) Respect for human rights in Iran has steadily deteriorated as demonstrated by transparently fraudulent elections and the brutal repression and murder, arbitrary arrests, and show trials of peaceful dissidents. (f) The concerns of the state of New York regarding Iran are strictly the result of the actions of the government of Iran and should not be construed as enmity towards the Iranian people. (g) In order to effectively address the need for the governments of this state to respond to the policies of Iran in a uniform fashion, prohibiting contracts with persons engaged in investment activities in the energy sector of Iran must be accomplished on a statewide basis. (h) It is the intent of the legislature to fully implement the author- ity granted under Section 202 of the Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010 (Public Law 111-195).] (A) THAT THE ILLICIT NUCLEAR ACTIVITIES OF THE GOVERNMENT OF IRAN, COMBINED WITH ITS DEVELOPMENT OF UNCONVENTIONAL WEAPONS AND BALLISTIC MISSILES, AND ITS SUPPORT OF INTERNATIONAL TERRORISM, REPRESENT A SERI- OUS THREAT TO THE SECURITY OF THE STATE OF NEW YORK, ITS CITIZENS AND THEIR PROPERTY; (B) THAT IRAN AND OTHER TERRORIST STATES AND ORGANIZATIONS HAVE REPEATEDLY IDENTIFIED NEW YORK STATE AND ITS CITIZENS AS A PRIMARY TARGET FOR TERRORIST ACTIVITIES AND ATTACKS, AND UNDER THE STATE'S CONSTITUTIONAL POWERS TO PROVIDE FOR THE PUBLIC HEALTH, SAFETY, SECURITY AND PUBLIC PROTECTION OF ITS CITIZENS AND THEIR PROPERTY, AND UNDER THE STATE'S CONSTITUTIONAL POWERS TO PROVIDE FOR THE PROTECTION AND REGU- LATION OF ITS FINANCIAL, BANKING AND INSURANCE SECTORS, AND UNDER THE STATE'S CONSTITUTIONAL POWERS TO PROVIDE FOR THE PROTECTION AND REGU- LATION OF ITS ENVIRONMENT AND NATURAL RESOURCES, NEW YORK STATE HAS THE LEGAL AUTHORITY TO PREVENT INVESTMENT IN, INCLUDING PROHIBITING ENTRY INTO OR RENEWING CONTRACTS WITH, COMPANIES OPERATING IN IRAN'S ENERGY AND FINANCIAL SECTORS WITH INVESTMENTS THAT HAVE THE RESULT OF DIRECTLY OR INDIRECTLY SUPPORTING THE EFFORTS OF THE GOVERNMENT OF IRAN TO ACHIEVE NUCLEAR WEAPONS CAPABILITY OR TO OTHERWISE PROMOTE OR ADVANCE TERRORIST ACTIVITIES THAT WILL TARGET OR AFFECT NEW YORK STATE, ITS CITIZENS OR THEIR PROPERTY; (C) THAT THE SERIOUS AND URGENT NATURE OF THE THREAT FROM IRAN DEMANDS THAT STATES, LOCAL GOVERNMENTS, AND PRIVATE INSTITUTIONS WORK TOGETHER WITH THE FEDERAL GOVERNMENT AND AMERICAN ALLIES TO DO EVERYTHING POSSI- BLE DIPLOMATICALLY, POLITICALLY, AND ECONOMICALLY TO PREVENT IRAN FROM ACQUIRING A NUCLEAR WEAPONS CAPABILITY OR TO OTHERWISE PROMOTE OR ADVANCE TERRORIST ACTIVITIES THAT WILL TARGET OR AFFECT NEW YORK STATE, ITS CITIZENS OR THEIR PROPERTY; (D) THAT IRAN HAS REPEATEDLY DEMONSTRATED AN INTENT TO PURSUE AND USE NUCLEAR WEAPONS, WEAPONS OF MASS DESTRUCTION, AND TO PROMOTE OR ADVANCE TERRORIST ACTIVITIES ACROSS THE WORLD; S. 6405--B 64 (E) THAT RESPECT FOR HUMAN RIGHTS IN IRAN HAS STEADILY DETERIORATED AS DEMONSTRATED BY TRANSPARENTLY FRAUDULENT ELECTIONS AND THE BRUTAL REPRESSION AND MURDER, ARBITRARY ARRESTS, AND SHOW TRIALS OF PEACEFUL DISSIDENTS; (F) THAT THE CONCERNS OF THE STATE OF NEW YORK REGARDING IRAN ARE STRICTLY THE RESULT OF THE ACTIONS OF THE GOVERNMENT OF IRAN AND SHOULD NOT BE CONSTRUED AS ENMITY TOWARDS THE IRANIAN PEOPLE; (G) THAT IN ORDER TO EFFECTIVELY ADDRESS THE NEED FOR THE GOVERNMENTS OF THIS STATE TO RESPOND TO THE POLICIES OF IRAN IN A UNIFORM FASHION, PROHIBITING CONTRACTS WITH PERSONS ENGAGED IN INVESTMENT ACTIVITIES IN THE ENERGY AND FINANCIAL SECTORS OF IRAN MUST BE ACCOMPLISHED ON A STATEWIDE BASIS; (H) THAT TERRORISTS HAVE CONTINUED TO USE IRAN AS THEIR SAFE HARBOR, THAT THE IRANIAN GOVERNMENT HAS FAILED TO ADDRESS THE SPREAD OF TERROR- IST ACTIVITIES, AND THAT HUMAN RIGHTS VIOLATIONS ARE IN IRAN ARE, AND CONTINUE TO BE RAMPANT; AND (I) THAT THE SERIOUS AND URGENT NATURE OF THE CONTINUED THREAT FROM IRAN, FOR THE STATE OF NEW YORK, ITS CITIZENS AND THEIR PROPERTY, DEMANDS THAT OUR STATE, LOCAL GOVERNMENTS AND PRIVATE INSTITUTIONS WORK TOGETHER TO CONTINUE TO DO ALL WITHIN ITS LEGAL POWER TO ENSURE THAT IRAN DOES NOT HAVE THE RESOURCES TO ACQUIRE NUCLEAR WEAPONS CAPABILITY AND THAT IT CEASE ITS PROMOTION AND ADVANCEMENT OF TERRORIST ACTIVITIES. S 3. Paragraph (b) of subdivision 1 of section 165-a of the state finance law, as added by chapter 1 of the laws of 2012, is amended to read as follows: (b) "Financial institution" means [the term as used in Section 14 of the Iran Sanctions Act of 1996 (Public Law 104-172; 50 U.S.C. 1701 note).]: (1) A BANKING ORGANIZATION AS DEFINED IN SUBDIVISION ELEVEN OF SECTION TWO OF THE BANKING LAW; (2) A SECURITIES FIRM, INCLUDING A BROKER OR DEALER; (3) ANY INSURANCE COMPANY, INCLUDING ANY COMPANY, AGENT, BROKER, OR UNDERWRITER, LICENSED OR REGULATED BY THE DEPARTMENT OF FINANCIAL SERVICES PURSUANT TO THE INSURANCE LAW; AND/OR (4) ANY OTHER COMPANY THAT PROVIDES A FINANCIAL PRODUCT OR SERVICE AS DEFINED IN SUBDIVISION TWO OF SECTION ONE HUNDRED FOUR OF THE FINANCIAL SERVICES LAW. S 4. Subparagraph 2 of paragraph (e) of subdivision 1 of section 165-a of the state finance law, as added by chapter 1 of the laws of 2012, is amended to read as follows: (2) Any governmental entity or instrumentality of a government, including [a multilateral development institution, as defined in Section 1701(c)(3) of the International Financial Institutions Act (22 U.S.C. 262r(c)(3))] THE INTERNATIONAL BANK FOR RECONSTRUCTION AND DEVELOPMENT, THE EUROPEAN BANK FOR RECONSTRUCTION AND DEVELOPMENT, THE INTERNATIONAL DEVELOPMENT ASSOCIATION, THE INTERNATIONAL FINANCE CORPORATION, THE MULTILATERAL INVESTMENT GUARANTEE AGENCY, THE AFRICAN DEVELOPMENT BANK, THE AFRICAN DEVELOPMENT FUND, THE ASIAN DEVELOPMENT BANK, THE INTER-AM- ERICAN DEVELOPMENT BANK, THE BANK FOR ECONOMIC COOPERATION AND DEVELOP- MENT IN THE MIDDLE EAST AND NORTH AFRICA, AND THE INTER-AMERICAN INVEST- MENT CORPORATION. S 5. Subdivision 6 of section 165-a of the state finance law, as added by chapter 1 of the laws of 2012, is amended to read as follows: 6. The commissioner shall report to the governor and the legislature annually on or before October first, on the status of the [federal "Comprehensive Iran Sanctions, Accountability, and Divestment Act of S. 6405--B 65 2010" (Public Law 111-195), "the Iran divestment act of 2012",] PROVISIONS OF THE NEW YORK STATE IRAN DIVESTMENT ACT and any rules or regulations adopted thereunder. S 6. Section 1 of chapter 481 of the laws of 2013 amending the insur- ance law relating to investments in foreign states sponsoring terrorism, is amended to read as follows: Section 1. The legislature finds and declares all of the following: [(1) The Federal Securities and Exchange Commission has determined that investments in foreign states sponsoring terrorism, such as Iran, that are subject to sanctions by the United States, may materially harm the share value of foreign companies. Shares in these foreign companies may be held in the portfolio of insurance companies issuing policies to New York consumers. (2) Publicly traded companies in the United States are substantially restricted in doing business in or with foreign states, such as Iran, that the United States Department of State has identified as sponsoring terrorism. (3) Identifying persons with investments in foreign states, such as Iran, that sponsor terrorism and ensuring that those investments are financially sound is an important public policy priority. (4) It is the government of Iran, and not the people of Iran, that is responsible for Iran's support of terrorism and that commits egregious violations of human rights under which its own citizens are required to live.] (A) THAT THE ILLICIT NUCLEAR ACTIVITIES OF THE GOVERNMENT OF IRAN, COMBINED WITH ITS DEVELOPMENT OF UNCONVENTIONAL WEAPONS AND BALLISTIC MISSILES, AND ITS SUPPORT OF INTERNATIONAL TERRORISM, REPRESENT A SERI- OUS THREAT TO THE SECURITY OF THE STATE OF NEW YORK, ITS CITIZENS AND THEIR PROPERTY; (B) THAT IRAN AND OTHER TERRORIST STATES AND ORGANIZATIONS HAVE REPEATEDLY IDENTIFIED NEW YORK STATE AND ITS CITIZENS AS A PRIMARY TARGET FOR TERRORIST ACTIVITIES AND ATTACKS, AND UNDER THE STATE'S CONSTITUTIONAL POWERS TO PROVIDE FOR THE PUBLIC HEALTH, SAFETY, SECURITY AND PUBLIC PROTECTION OF ITS CITIZENS AND THEIR PROPERTY, AND UNDER THE STATE'S CONSTITUTIONAL POWERS TO PROVIDE FOR THE PROTECTION AND REGU- LATION OF ITS FINANCIAL, BANKING AND INSURANCE SECTORS, AND UNDER THE STATE'S CONSTITUTIONAL POWERS TO PROVIDE FOR THE PROTECTION AND REGU- LATION OF ITS ENVIRONMENT AND NATURAL RESOURCES, NEW YORK STATE HAS THE LEGAL AUTHORITY TO PREVENT INVESTMENT IN, INCLUDING PROHIBITING ENTRY INTO OR RENEWING CONTRACTS WITH, COMPANIES OPERATING IN IRAN'S ENERGY AND FINANCIAL SECTORS WITH INVESTMENTS THAT HAVE THE RESULT OF DIRECTLY OR INDIRECTLY SUPPORTING THE EFFORTS OF THE GOVERNMENT OF IRAN TO ACHIEVE NUCLEAR WEAPONS CAPABILITY OR TO OTHERWISE PROMOTE OR ADVANCE TERRORIST ACTIVITIES THAT WILL TARGET OR AFFECT NEW YORK STATE, ITS CITIZENS OR THEIR PROPERTY; (C) THAT THE SERIOUS AND URGENT NATURE OF THE THREAT FROM IRAN DEMANDS THAT STATES, LOCAL GOVERNMENTS, AND PRIVATE INSTITUTIONS WORK TOGETHER WITH THE FEDERAL GOVERNMENT AND AMERICAN ALLIES TO DO EVERYTHING POSSI- BLE DIPLOMATICALLY, POLITICALLY, AND ECONOMICALLY TO PREVENT IRAN FROM ACQUIRING A NUCLEAR WEAPONS CAPABILITY OR TO OTHERWISE PROMOTE OR ADVANCE TERRORIST ACTIVITIES THAT WILL TARGET OR AFFECT NEW YORK STATE, ITS CITIZENS OR THEIR PROPERTY; (D) THAT IRAN HAS REPEATEDLY DEMONSTRATED AN INTENT TO PURSUE AND USE NUCLEAR WEAPONS, WEAPONS OF MASS DESTRUCTION, AND TO PROMOTE OR ADVANCE TERRORIST ACTIVITIES ACROSS THE WORLD; S. 6405--B 66 (E) THAT RESPECT FOR HUMAN RIGHTS IN IRAN HAS STEADILY DETERIORATED AS DEMONSTRATED BY TRANSPARENTLY FRAUDULENT ELECTIONS AND THE BRUTAL REPRESSION AND MURDER, ARBITRARY ARRESTS, AND SHOW TRIALS OF PEACEFUL DISSIDENTS; (F) THAT THE CONCERNS OF THE STATE OF NEW YORK REGARDING IRAN ARE STRICTLY THE RESULT OF THE ACTIONS OF THE GOVERNMENT OF IRAN AND SHOULD NOT BE CONSTRUED AS ENMITY TOWARDS THE IRANIAN PEOPLE; (G) THAT IN ORDER TO EFFECTIVELY ADDRESS THE NEED FOR THE GOVERNMENTS OF THIS STATE TO RESPOND TO THE POLICIES OF IRAN IN A UNIFORM FASHION, PROHIBITING CONTRACTS WITH PERSONS ENGAGED IN INVESTMENT ACTIVITIES IN THE ENERGY AND FINANCIAL SECTORS OF IRAN MUST BE ACCOMPLISHED ON A STATEWIDE BASIS; (H) THAT TERRORISTS HAVE CONTINUED TO USE IRAN AS THEIR SAFE HARBOR, THAT THE IRANIAN GOVERNMENT HAS FAILED TO ADDRESS THE SPREAD OF TERROR- IST ACTIVITIES, AND THAT HUMAN RIGHTS VIOLATIONS ARE IN IRAN ARE, AND CONTINUE TO BE RAMPANT; AND (I) THAT THE SERIOUS AND URGENT NATURE OF THE CONTINUED THREAT FROM IRAN, FOR THE STATE OF NEW YORK, ITS CITIZENS AND THEIR PROPERTY, DEMANDS THAT OUR STATE, LOCAL GOVERNMENTS AND PRIVATE INSTITUTIONS WORK TOGETHER TO CONTINUE TO DO ALL WITHIN ITS LEGAL POWER TO ENSURE THAT IRAN DOES NOT HAVE THE RESOURCES TO ACQUIRE NUCLEAR WEAPONS CAPABILITY AND THAT IT CEASE ITS PROMOTION AND ADVANCEMENT OF TERRORIST ACTIVITIES. S 7. Subsection 5 of section 1415 of the insurance law is REPEALED. S 8. This act shall take effect immediately, and shall not be deemed repealed as the result of any executive action taken by the president of the United States, or the department of state, unless such action is a duly executed treaty approved by two-thirds of the United States Senate; provided that the commissioner of general services shall notify the legislative bill drafting commission upon the occurrence of such duly executed treaty in order that the commission may maintain an accurate and timely effective data base of the official text of the laws of the state of New York in furtherance of effectuating the provisions of section 44 of the legislative law and section 70-b of the public offi- cers law; and provided further that the addition, amendment and/or repeal of any rule or regulation necessary for the implementation of this act is authorized to be made on and after such effective date. SUBPART H Intentionally Omitted SUBPART I Section 1. This act shall be known as the New Yorkers Combating Alien Recidivism and Ending Sanctuary Act and may be cited as the "NY Cares Act". S 2. Paragraph (u) of subdivision 2 of section 709 of the executive law is relettered paragraph (v) and a new paragraph (u) is added to read as follows: (U) DEVELOP A PLAN TO ENSURE THAT ALL COUNTIES, CITIES, TOWNS AND VILLAGES, AND ANY AGENCY, OFFICE, DEPARTMENT OR AUTHORITY THEREOF, INCLUDING A SHERIFF'S DEPARTMENT, MUNICIPAL POLICE DEPARTMENT OR DISTRICT ATTORNEY'S OFFICE ARE IN COMPLIANCE WITH THE REQUIREMENTS OF SECTION ONE HUNDRED THIRTY-NINE-E OF THE GENERAL MUNICIPAL LAW. S 3. The general municipal law is amended by adding a new section 139-e to read as follows: S. 6405--B 67 S 139-E. PROHIBITION AGAINST LOCAL GOVERNMENT ACTION TO PREVENT ENFORCEMENT OF CERTAIN FEDERAL LAWS. 1. IN ACCORDANCE WITH ARTICLES NINE AND THIRTEEN OF THE CONSTITUTION OF THE STATE OF NEW YORK, NO COUNTY, CITY, TOWN OR VILLAGE, OR ANY AGENCY, OFFICE, DEPARTMENT OR AUTHORITY THEREOF, INCLUDING A SHERIFF'S DEPARTMENT, MUNICIPAL POLICE DEPARTMENT, OR DISTRICT ATTORNEY'S OFFICE, OR THE GOVERNING BOARD THEREOF, SHALL ADOPT ANY RULE, ORDER, ORDINANCE, LOCAL LAW OR POLICY, EITHER FORMALLY OR INFORMALLY, PROHIBITING OR INHIBITING ONE OR MORE OF THE FOLLOWING: (A) THE ENFORCEMENT OF LAWS OF THIS STATE OR FEDERAL LAWS RELATING TO PERSONS ILLEGALLY IN THE COUNTRY; (B) THE ABILITY OF LAW ENFORCEMENT OFFICERS TO ASSIST OR COOPERATE WITH FEDERAL OFFICIALS IN THE COURSE OF CARRYING OUT THEIR ROUTINE LAW ENFORCEMENT DUTIES; (C) THE USE OF LOCAL RESOURCES TO AID IN THE COMPLIANCE WITH DETAINER REQUESTS ISSUED BY THE DEPARTMENT OF HOMELAND SECURITY; (D) A LAW ENFORCEMENT OFFICER FROM MAKING AN INQUIRY CONCERNING THE LAWFULNESS OF AN INDIVIDUAL'S PRESENCE IN THE COUNTRY IF THE INDIVIDUAL IS LAWFULLY DETAINED OR LAWFULLY ARRESTED, AND/OR VERIFYING SUCH INDI- VIDUAL IS LEGALLY IN THE COUNTRY; (E) THE SHARING OF INFORMATION PERTAINING TO WHETHER THE LAWFULNESS OF AN INDIVIDUAL'S PRESENCE IN THE COUNTRY WITH FEDERAL HOMELAND SECURITY OFFICIALS; OR (F) THE ABILITY OF FEDERAL HOMELAND SECURITY OFFICIALS TO ENTER AND CONDUCT ENFORCEMENT ACTIVITIES AT A MUNICIPAL OR COUNTY JAIL IN FURTHER- ANCE OF THEIR DUTY TO ENFORCE FEDERAL LAWS. 2. FOR PURPOSES OF THIS SECTION, A PERSON SHALL NOT BE CONSIDERED TO BE LAWFULLY DETAINED IF SUCH PERSON IS: (A) THE VICTIM OF A CRIME; (B) A COOPERATING WITNESS RELATING TO A CRIME; OR (C) REPORTING A CRIME, CRIM- INAL ACTIVITY, OR A PLANNED OR ACTUAL ACT OF TERRORISM. 3. (A) NO STATE FUNDING SHALL BE APPROPRIATED OR DISBURSED TO ANY COUNTY, CITY, TOWN OR VILLAGE, OR ANY AGENCY, OFFICE, DEPARTMENT OR AUTHORITY THEREOF, INCLUDING A SHERIFF'S DEPARTMENT, MUNICIPAL POLICE DEPARTMENT OR DISTRICT ATTORNEY'S OFFICE, DETERMINED TO BE IN WILFUL VIOLATION OF THIS SECTION. (B) THE COMPTROLLER SHALL, PRIOR TO THE DISBURSEMENT OR DELIVERY OF ANY STATE OR FEDERAL FUNDS, TO A COUNTY, CITY, TOWN OR VILLAGE, OR ANY AGENCY, OFFICE, DEPARTMENT OR AUTHORITY THEREOF, REQUIRE THAT THE CHIEF ELECTED OFFICER OF SUCH COUNTY, CITY, TOWN OR VILLAGE PROVIDE VERIFICA- TION, SIGNED UNDER PENALTIES OF PERJURY BY SUCH CHIEF ELECTED OFFICER, THAT SUCH COUNTY, CITY, TOWN OR VILLAGE IS IN COMPLIANCE WITH THIS SECTION. 4. THIS SECTION SHALL NOT BE DEEMED TO APPLY TO ANY SCHOOL DISTRICT, CHARTER SCHOOL, OR MUNICIPAL HEALTH SERVICE FACILITY. S 4. 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 judgment 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 5. This act shall take effect immediately. SUBPART J S. 6405--B 68 Section 1. a. Transfer of State Police Civilian Personnel. Notwith- standing any law to the contrary, the current state police civilian personnel assigned to the division of homeland security and emergency services office of counter terrorism prior to the effective date of this act, who perform intelligence and analysis on counter terrorism, shall be transferred, pursuant to section 70 of the civil service law, to the bureau of counter terrorism and intelligence of the division of state police. b. Transfer of records. Upon the transfer of the current state police civilian personnel, pursuant to subdivision a of this section, the divi- sion of homeland security and emergency services shall deliver to the bureau of counter terrorism and intelligence of the division of state police, all pertinent books, papers, records and property. c. Existing rights and remedies preserved. No existing right or remedy of any character shall be lost, impaired or affected by reason of this act. d. Pending actions and proceedings. No action or proceeding pending at the time when this act shall take effect, brought by or against the division of homeland security and emergency services relating to the transfer of the current state police civilian personnel to or devolved upon the division of state police shall be affected by this act, but the same may be prosecuted or defended in the name of the division of state police and upon the application to the court, the division of state police shall be substituted as a party. e. Completion of unfinished business. Any business or other matter undertaken or commenced by the current state police civilian personnel assigned to the division of homeland security and emergency services transferred to the bureau of counter terrorism and intelligence of the division of state police in accordance with this act, pending on the effective date of this act, may be conducted and completed by the bureau of counter terrorism and intelligence of the division of state police in the same manner and under the same terms and conditions and with the same effect as if conducted and completed by the division of homeland security and emergency services. S 2. This act shall take effect immediately. S 2. Severability clause. If any clause, sentence, paragraph, subdivi- sion, section or part of this act shall be adjudged by a court of compe- tent jurisdiction to be invalid, such judgment shall not affect, impair, or invalidate the remainder thereof, but shall be confined in its opera- tion to the clause, sentence, paragraph, subdivision, section or part thereof directly involved in the controversy in which such judgment shall have been rendered. It is hereby declared to be the intent of the legislature that this act would have been enacted even if such invalid provisions had not been included herein. S 3. This act shall take effect immediately provided, however, that the applicable effective date of Subparts A through J of this act shall be as specifically set forth in the last section of such Subparts. PART E Section 1. Section 5 of chapter 268 of the laws of 1996, amending the education law and the state finance law relating to providing a recruit- ment incentive and retention program for certain active members of the New York army national guard, New York air national guard, and New York naval militia, as amended by section 24 of part A of chapter 57 of the laws of 2011, is amended to read as follows: S. 6405--B 69 S 5. This act shall take effect January 1, 1997 and shall expire and be deemed repealed September 1, [2016] 2021; provided that any person who has begun to receive the benefits of this act prior to its expira- tion and repeal shall be entitled to continue to receive the benefits of this act after its expiration and repeal until completion of a baccalau- reate degree or cessation of status as an active member, whichever occurs first. S 2. This act shall take effect immediately. PART F Section 1. Subdivision 5 of section 362 of the chapter 83 of the laws of 1995 amending the state finance law and other laws relating to bonds, notes and revenues, as amended by section 37 of part L of chapter 55 of the laws of 2012, is amended to read as follows: 5. Sections thirty-one through forty-two of this act shall take effect on the thirtieth day after it shall have become a law and shall be deemed to have been in full force and effect on and after April 1, 1995; provided that section 163 of the state finance law, as added by section thirty-three of this act shall remain in full force and effect until June 30, [2016] 2017 at which time it shall expire and be deemed repealed. Contracts executed prior to the expiration of such section 163 shall remain in full force and effect until the expiration of any such contract notwithstanding the expiration of certain provisions of this act. S 2. Section 16 of chapter 1 of the laws of 2005, amending the state finance law relating to restricting contacts in the procurement process and the recording of contacts relating thereto, as amended by chapter 62 of the laws of 2014, is amended to read as follows: S 16. This act shall take effect immediately; provided, however, that sections one, six, eight, nine, ten, eleven and fifteen of this act shall take effect January 1, 2006; and provided, however, the amendments to paragraph f of subdivision 9 of section 163 of the state finance law made by section fifteen of this act shall not affect the repeal of such section and shall be deemed repealed therewith; provided, further, that the amendments to article 1-A of the legislative law, made by this act, shall not affect the repeal of such article pursuant to chapter 2 of the laws of 1999, as amended, and shall be deemed repealed therewith; provided, further, that sections thirteen and fourteen of this act shall take effect January 1, 2006 and shall be deemed repealed July 31, [2016] 2017; provided, further, that effective immediately, the advisory coun- cil on procurement lobbying created pursuant to section twelve of this act shall be constituted no later than sixty days following the effec- tive date of this act, provided that effective sixty days following the effective date of this act, the advisory council on procurement lobbying shall be authorized to establish model guidelines and to add, amend and/or repeal any rules or regulations necessary for the implementation of its duties under sections twelve and thirteen of this act, and the advisory council authorized to make and complete such model guidelines on or before the effective date of section thirteen of this act; provided, further, that procurement contracts for which bid solicita- tions have been issued prior to the effective date of this act shall be awarded pursuant to the provisions of law in effect at the time of issu- ance. S 3. This act shall take effect immediately and shall be deemed to have been in full force and effect on and after April 1, 2016. S. 6405--B 70 PART G Intentionally Omitted PART H Section 1. Section 200 of the workers' compensation law, as added by chapter 600 of the laws of 1949, is amended to read as follows: S 200. Short title. This article shall be known and may be cited as the "disability benefits law AND THE PAID FAMILY LEAVE BENEFITS LAW." S 2. Subdivision 14 of section 201 of the workers' compensation law, as added by chapter 600 of the laws of 1949 and as renumbered by chapter 438 of the laws of 1964, is amended and eleven new subdivisions 15, 16, 17, 18, 19, 20, 21, 22, 23, 24 and 25 are added to read as follows: 14. "A day of disability" means any day on which the employee was prevented from performing work because of disability, INCLUDING ANY DAY WHICH THE EMPLOYEE USES FOR FAMILY CARE, and for which [he] THE EMPLOYEE has not received his OR HER regular remuneration. 15. "FAMILY LEAVE" SHALL MEAN ANY LEAVE TAKEN BY AN EMPLOYEE FROM WORK TO PARTICIPATE IN PROVIDING CARE, INCLUDING PHYSICAL OR PSYCHOLOGICAL CARE, FOR A FAMILY MEMBER OF THE EMPLOYEE MADE NECESSARY BY A SERIOUS HEALTH CONDITION OF THE FAMILY MEMBER; OR TO BOND WITH THE EMPLOYEE'S CHILD DURING THE FIRST TWELVE MONTHS AFTER THE CHILD'S BIRTH, OR THE FIRST TWELVE MONTHS AFTER THE PLACEMENT OF THE CHILD FOR ADOPTION OR FOSTER CARE WITH THE EMPLOYEE; OR BECAUSE OF ANY QUALIFYING EXIGENCY AS INTERPRETED UNDER THE FAMILY AND MEDICAL LEAVE ACT, 29 U.S.C.S S 2612(A)(1)(E) AND 29 C.F.R. S.825.126(A)(1)-(8), ARISING OUT OF THE FACT THAT THE SPOUSE, DOMESTIC PARTNER, CHILD, OR PARENT OF THE EMPLOYEE IS ON ACTIVE DUTY (OR HAS BEEN NOTIFIED OF AN IMPENDING CALL OR ORDER TO ACTIVE DUTY) IN THE ARMED FORCES OF THE UNITED STATES. 16. "CHILD" MEANS A BIOLOGICAL, ADOPTED, OR FOSTER SON OR DAUGHTER, A STEPSON OR STEPDAUGHTER, A LEGAL WARD, A SON OR DAUGHTER OF A DOMESTIC PARTNER, OR THE PERSON TO WHOM THE EMPLOYEE STANDS IN LOCO PARENTIS. 17. "DOMESTIC PARTNER" HAS THE SAME MEANING AS SET FORTH IN SECTION FOUR OF THIS CHAPTER. 18. "SERIOUS HEALTH CONDITION" MEANS AN ILLNESS, INJURY, IMPAIRMENT, OR PHYSICAL OR MENTAL CONDITION THAT INVOLVES INPATIENT CARE IN A HOSPI- TAL, HOSPICE, OR RESIDENTIAL HEALTH CARE FACILITY, OR CONTINUING TREAT- MENT OR CONTINUING SUPERVISION BY A HEALTH CARE PROVIDER AND REQUIRING ASSISTANCE TO PERFORM THE ACTIVITIES OF DAILY LIVING. 19. "PARENT" MEANS A BIOLOGICAL, FOSTER, OR ADOPTIVE PARENT, A PARENT-IN-LAW, A STEPPARENT, A LEGAL GUARDIAN, OR OTHER PERSON WHO STOOD IN LOCO PARENTIS TO THE EMPLOYEE WHEN THE EMPLOYEE WAS A CHILD. 20. "FAMILY MEMBER" MEANS A CHILD, PARENT, GRANDPARENT, GRANDCHILD, SIBLING, SPOUSE, OR DOMESTIC PARTNER AS DEFINED IN THIS SECTION. 21. "GRANDCHILD" MEANS A CHILD OF THE EMPLOYEE'S CHILD. 22. "HEALTH CARE PROVIDER" SHALL MEAN A PERSON LICENSED UNDER ARTICLE ONE HUNDRED THIRTY-ONE, ONE HUNDRED THIRTY-ONE-B, ONE HUNDRED THIRTY-TWO, ONE HUNDRED THIRTY-THREE, ONE HUNDRED THIRTY-SIX, ONE HUNDRED THIRTY-NINE, ONE HUNDRED FORTY-ONE, ONE HUNDRED FORTY-THREE, ONE HUNDRED FORTY-FOUR, ONE HUNDRED FIFTY-THREE, ONE HUNDRED FIFTY-FOUR, ONE HUNDRED FIFTY-SIX OR ONE HUNDRED FIFTY-NINE OF THE EDUCATION LAW OR A PERSON LICENSED UNDER THE PUBLIC HEALTH LAW, ARTICLE ONE HUNDRED FORTY OF THE EDUCATION LAW OR ARTICLE ONE HUNDRED SIXTY-THREE OF THE EDUCATION LAW. 23. "GRANDPARENT" MEANS A PARENT OF THE EMPLOYEE'S PARENT. S. 6405--B 71 24. "SIBLING" MEANS A PERSON RELATED TO ANOTHER PERSON BY BLOOD, ADOPTION, OR AFFINITY THROUGH A COMMON LEGAL OR BIOLOGICAL PARENT. 25. "FAMILY CARE" SHALL MEAN ANY LEAVE TAKEN BY AN EMPLOYEE FROM WORK: (A) TO PARTICIPATE IN PROVIDING CARE, INCLUDING PHYSICAL OR PSYCHOLOG- ICAL CARE, FOR A FAMILY MEMBER OF THE EMPLOYEE MADE NECESSARY BY A SERI- OUS HEALTH CONDITION OF THE FAMILY MEMBER; OR (B) TO BOND WITH THE EMPLOYEE'S CHILD DURING THE FIRST TWELVE MONTHS AFTER THE CHILD'S BIRTH, OR THE FIRST TWELVE MONTHS AFTER THE PLACEMENT OF THE CHILD FOR ADOPTION OR FOSTER CARE WITH THE EMPLOYEE; OR (C) BECAUSE OF ANY QUALIFYING EXIGENCY AS INTERPRETED UNDER THE FAMILY AND MEDICAL LEAVE ACT, 29 U.S.C. S 2612(A)(1)(E) AND 29 C.F.R. S 825.126(A)(1)-(8), ARISING OUT OF THE FACT THAT THE SPOUSE, DOMESTIC PARTNER, CHILD, OR PARENT OF THE EMPLOYEE IS ON ACTIVE DUTY OR HAS BEEN NOTIFIED OF AN IMPENDING CALL OR ORDER TO ACTIVE DUTY IN THE ARMED FORC- ES OF THE UNITED STATES. S 3. Section 203 of the workers' compensation law, as amended by chap- ter 436 of the laws of 1986, is amended to read as follows: S 203. Employees eligible for benefits under section two hundred four OF THIS ARTICLE. Employees in employment of a covered employer for four or more consecutive weeks and employees in employment during the work period usual to and available during such four or more consecutive weeks in any trade or business in which they are regularly employed and in which hiring from day to day of such employees is the usual employment practice shall be eligible for disability AND FAMILY LEAVE benefits as provided in section two hundred four OF THIS ARTICLE. EVERY SUCH EMPLOYEE SHALL CONTINUE TO BE ELIGIBLE FOR FAMILY LEAVE BENEFITS ONLY DURING EMPLOYMENT WITH A COVERED EMPLOYER. Every such employee shall continue to be eligible FOR DISABILITY BENEFITS during such employment and for a period of four weeks after such employment terminates regard- less of whether the employee performs any work for remuneration or profit in non-covered employment. If during such four week period the employee performs any work for remuneration or profit for another covered employer the employee shall become eligible for DISABILITY bene- fits immediately with respect to that employment. In addition every such employee who HAS PREVIOUSLY COMPLETED FOUR OR MORE CONSECUTIVE WEEKS IN EMPLOYMENT WITH THE COVERED EMPLOYER AND returns to work with the same employer after an agreed and specified unpaid leave of absence or vaca- tion without pay shall become eligible for DISABILITY AND FAMILY LEAVE benefits immediately with respect to such employment. An employee who during a period in which he or she is eligible to receive benefits under subdivision two of section two hundred seven OF THIS ARTICLE returns to employment with a covered employer and an employee who is currently receiving unemployment insurance benefits or benefits under section two hundred seven OF THIS ARTICLE and who returns to employment with a covered employer shall become eligible for DISABILITY benefits imme- diately with respect to such employment. An employee regularly in the employment of a single employer on a work schedule less than the employ- er's normal work week shall become eligible for DISABILITY AND FAMILY LEAVE benefits on the twenty-fifth day of such regular employment. An employee who [becomes disabled while] IS eligible for DISABILITY AND FAMILY LEAVE benefits in the employment of a covered employer shall not be deemed, for the purposes of this article, to have such employment terminated during any period he or she is eligible to receive benefits under section two hundred four OF THIS ARTICLE with respect to such employment. S. 6405--B 72 S 4. The workers' compensation law is amended by adding three new sections 203-a, 203-b and 203-c to read as follows: S 203-A. RETALIATORY ACTION PROHIBITED FOR FAMILY LEAVE. 1. THE PROVISIONS OF SECTION ONE HUNDRED TWENTY OF THIS CHAPTER AND SECTION TWO HUNDRED FORTY-ONE OF THIS ARTICLE SHALL BE APPLICABLE TO FAMILY LEAVE. 2. NOTHING IN THIS SECTION SHALL BE DEEMED TO DIMINISH THE RIGHTS, PRIVILEGES, OR REMEDIES OF ANY EMPLOYEE UNDER ANY COLLECTIVE BARGAINING AGREEMENT OR EMPLOYMENT CONTRACT. S 203-B. REINSTATEMENT FOLLOWING FAMILY LEAVE. ANY ELIGIBLE EMPLOYEE OF A COVERED EMPLOYER WHO TAKES LEAVE UNDER THIS SECTION SHALL BE ENTI- TLED, ON RETURN FROM SUCH LEAVE, TO BE RESTORED BY THE EMPLOYER TO THE POSITION OF EMPLOYMENT HELD BY THE EMPLOYEE WHEN THE LEAVE COMMENCED, OR TO BE RESTORED TO A COMPARABLE POSITION WITH COMPARABLE EMPLOYMENT BENE- FITS, PAY AND OTHER TERMS AND CONDITIONS OF EMPLOYMENT. THE TAKING OF FAMILY LEAVE SHALL NOT RESULT IN THE LOSS OF ANY EMPLOYMENT BENEFIT ACCRUED PRIOR TO THE DATE ON WHICH THE LEAVE COMMENCED. NOTHING IN THIS SECTION SHALL BE CONSTRUED TO ENTITLE ANY RESTORED EMPLOYEE TO THE ACCRUAL OF ANY SENIORITY OR EMPLOYMENT BENEFITS DURING ANY PERIOD OF LEAVE, OR ANY RIGHT, BENEFIT OR POSITION TO WHICH THE EMPLOYEE WOULD HAVE BEEN ENTITLED HAD THE EMPLOYEE NOT TAKEN THE LEAVE. S 203-C HEALTH INSURANCE DURING FAMILY LEAVE. IN ACCORDANCE WITH THE FAMILY AND MEDICAL LEAVE ACT (29 U.S.C. SS 2601-2654), DURING ANY PERIOD OF FAMILY LEAVE THE EMPLOYER SHALL MAIN- TAIN ANY EXISTING HEALTH BENEFITS OF THE EMPLOYEE IN FORCE FOR THE DURA- TION OF SUCH LEAVE AS IF THE EMPLOYEE HAD CONTINUED TO WORK FROM THE DATE HE OR SHE COMMENCED FAMILY LEAVE UNTIL THE DATE HE OR SHE RETURNS TO EMPLOYMENT. S 5. Section 204 of the workers' compensation law, as added by chapter 600 of the laws of 1949, subdivision 2 as amended by chapter 38 of the laws of 1989, is amended to read as follows: S 204. Disability AND FAMILY LEAVE during employment. 1. Disability benefits shall be payable to an eligible employee for disabilities [commencing after June thirtieth, nineteen hundred fifty], beginning with the eighth [consecutive] day of disability and thereafter during the continuance of disability, subject to the limitations as to maximum and minimum amounts and duration and other conditions and limitations in this section and in sections two hundred five and two hundred six OF THIS ARTICLE. FAMILY LEAVE BENEFITS SHALL BE PAYABLE TO AN ELIGIBLE EMPLOYEE FOR THE FIRST FULL DAY WHEN FAMILY LEAVE IS REQUIRED AND THERE- AFTER DURING THE CONTINUANCE OF THE NEED FOR FAMILY LEAVE, SUBJECT TO THE LIMITATIONS AS TO MAXIMUM AND MINIMUM AMOUNTS AND DURATION AND OTHER CONDITIONS AND LIMITATIONS IN THIS SECTION AND IN SECTIONS TWO HUNDRED FIVE AND TWO HUNDRED SIX OF THIS ARTICLE. Successive periods of disabil- ity OR FAMILY LEAVE caused by the same or related injury or sickness shall be deemed a single period of disability OR FAMILY LEAVE only if separated by less than three months. 2. (A) THE WEEKLY BENEFIT FOR FAMILY LEAVE THAT OCCURS (I) ON OR AFTER JANUARY FIRST, TWO THOUSAND EIGHTEEN SHALL BE FIFTY PERCENT OF THE EMPLOYEE'S AVERAGE WEEKLY WAGE BUT SHALL NOT EXCEED FIFTY PERCENT OF THE STATE AVERAGE WEEKLY WAGE, (II) ON OR AFTER JANUARY FIRST, TWO THOUSAND NINETEEN SHALL BE FIFTY-FIVE PERCENT OF THE EMPLOYEE'S AVERAGE WEEKLY WAGE BUT SHALL NOT EXCEED FIFTY-FIVE PERCENT OF THE STATE AVERAGE WEEKLY WAGE, (III) ON OR AFTER JANUARY FIRST, TWO THOUSAND TWENTY SHALL BE SIXTY PERCENT OF THE EMPLOYEE'S AVERAGE WEEKLY WAGE BUT SHALL NOT EXCEED SIXTY PERCENT OF THE STATE AVERAGE WEEKLY WAGE, AND (IV) ON OR AFTER JANUARY FIRST OF EACH SUCCEEDING YEAR, SHALL BE SIXTY-SEVEN PERCENT OF S. 6405--B 73 THE EMPLOYEE'S AVERAGE WEEKLY WAGE BUT SHALL NOT EXCEED SIXTY-SEVEN PERCENT OF THE NEW YORK STATE AVERAGE WEEKLY WAGE IN EFFECT. THE WEEKLY BENEFITS FOR FAMILY LEAVE THAT OCCURS ON OR AFTER JANUARY FIRST, TWO THOUSAND EIGHTEEN SHALL NOT BE LESS THAN ONE HUNDRED DOLLARS PER WEEK EXCEPT THAT IF THE EMPLOYEE'S WAGES AT THE TIME OF FAMILY LEAVE ARE LESS THAN ONE HUNDRED DOLLARS PER WEEK, THE EMPLOYEE SHALL RECEIVE HIS OR HER FULL WAGES. BENEFITS MAY BE PAYABLE TO EMPLOYEES FOR PAID FAMILY LEAVE TAKEN INTERMITTENTLY OR FOR LESS THAN A FULL WORK WEEK IN INCREMENTS OF ONE FULL DAY OR ONE FIFTH OF THE WEEKLY BENEFIT. (B) The weekly benefit which the disabled employee is entitled to receive for disability commencing on or after May first, nineteen hundred eighty-nine shall be one-half of the employee's weekly wage, but in no case shall such benefit exceed one hundred seventy dollars; except that if the employee's average weekly wage is less than twenty dollars, the benefit shall be such average weekly wage. The weekly benefit which the disabled employee is entitled to receive for disability commencing on or after July first, nineteen hundred eighty-four shall be one-half of the employee's weekly wage, but in no case shall such benefit exceed one hundred forty-five dollars; except that if the employee's average weekly wage is less than twenty dollars, the benefit shall be such aver- age weekly wage. The weekly benefit which the disabled employee is enti- tled to receive for disability commencing on or after July first, nine- teen hundred eighty-three and prior to July first, nineteen hundred eighty-four shall be one-half of the employee's average weekly wage, but in no case shall such benefit exceed one hundred thirty-five dollars nor be less than twenty dollars; except that if the employee's average week- ly wage is less than twenty dollars the benefit shall be such average weekly wage. The weekly benefit which the disabled employee is entitled to receive for disability commencing on or after July first, nineteen hundred seventy-four, and prior to July first, nineteen hundred eighty- three, shall be one-half of the employee's average weekly wage, but in no case shall such benefit exceed ninety-five dollars nor be less than twenty dollars; except that if the employee's average weekly wage is less than twenty dollars, the benefit shall be such average weekly wage. The weekly benefit which the disabled employee is entitled to receive for disability commencing on or after July first, nineteen hundred seventy and prior to July first, nineteen hundred seventy-four shall be one-half of the employee's average weekly wage, but in no case shall such benefit exceed seventy-five dollars nor be less than twenty dollars; except that if the employee's average weekly wage is less than twenty dollars the benefit shall be such average weekly wage. For any period of disability less than a full week, the benefits payable shall be calculated by dividing the weekly benefit by the number of the employee's normal work days per week and multiplying the quotient by the number of normal work days in such period of disability. The weekly benefit for a disabled employee who is concurrently eligible for bene- fits in the employment of more than one covered employer shall, within the maximum and minimum herein provided, be one-half of the total of the employee's average weekly wages received from all such covered employ- ers, and shall be allocated in the proportion of their respective aver- age weekly wage payments. S 6. Section 205 of the workers' compensation law, as added by chapter 600 of the laws of 1949, subdivision 1 as amended by chapter 651 of the laws of 1958, subdivision 2 as amended by chapter 270 of the laws of 1990, subdivision 5 as amended by chapter 288 of the laws of 1970, and S. 6405--B 74 subdivisions 3, 4, 5, 6, 7 and 8 as renumbered by chapter 352 of the laws of 1981, is amended to read as follows: S 205. Disabilities, FAMILY LEAVE and [disability] periods for which benefits are not payable. 1. No employee shall be entitled to DISABILITY benefits under this article: [1.] (A) For more than twenty-six weeks MINUS ANY DAYS TAKEN FOR FAMI- LY LEAVE DURING ANY FIFTY-TWO CONSECUTIVE CALENDAR WEEKS during a period of fifty-two consecutive calendar weeks or during any one period of disability, OR FOR MORE THAN TWENTY-SIX WEEKS; [2.] (B) for any period of disability during which an employee is not under the care of a duly licensed [physician or with respect to disabil- ity resulting from a condition of the foot which may lawfully be treated by a duly registered and licensed podiatrist of the state of New York or with respect to a disability resulting from a condition which may lawfully be treated by a duly registered and licensed chiropractor of the state of New York or with respect to a disability resulting from a condition which may lawfully be treated by a duly licensed dentist of the state of New York or with respect to a disability resulting from a condition which may lawfully be treated by a duly registered and licensed psychologist of the state of New York or with respect to a disability resulting from a condition which may lawfully be treated by a duly certified nurse midwife, for any period of such disability during which an employee is neither under the care of a physician nor a podia- trist, nor a chiropractor, nor a dentist, nor a psychologist, nor a certified nurse midwife] HEALTH CARE PROVIDER; and for any period of disability during which an employee who adheres to the faith or teach- ings of any church or denomination and who in accordance with its creed, tenets or principles depends for healing upon prayer through spiritual means alone in the practice of religion, is not under the care of a practitioner duly accredited by the church or denomination, and provided such employee shall submit to all physical examinations as required by this chapter. 2. NO EMPLOYEE SHALL BE ENTITLED TO FAMILY LEAVE BENEFITS UNDER THIS ARTICLE: (A) FOR MORE THAN TWELVE WEEKS DURING A PERIOD OF FIFTY-TWO CONSEC- UTIVE CALENDAR WEEKS, OR FOR ANY PERIOD IN WHICH THE FAMILY LEAVE COMBINED WITH THE DISABILITY BENEFITS PREVIOUSLY PAID EXCEEDS TWENTY-SIX WEEKS DURING THE SAME FIFTY-TWO CONSECUTIVE CALENDAR WEEKS; (B) FOR ANY PERIOD OF FAMILY LEAVE WHEREIN THE NOTICE AND MEDICAL CERTIFICATION AS PRESCRIBED BY THE CHAIR HAS NOT BEEN FILED. AT THE DISCRETION OF THE CHAIR OR CHAIR'S DESIGNEE, THE FAMILY MEMBER WHO IS THE RECIPIENT OF CARE MAY BE REQUIRED TO SUBMIT TO A PHYSICAL EXAMINA- TION BY A QUALIFIED HEALTH CARE PROVIDER. SUCH EXAMINATION SHALL BE PAID FOR BY THE CARRIER. (C) AS A CONDITION OF AN EMPLOYEE'S INITIAL RECEIPT OF FAMILY LEAVE BENEFITS DURING ANY FIFTY-TWO CONSECUTIVE CALENDAR WEEKS IN WHICH AN EMPLOYEE IS ELIGIBLE FOR THESE BENEFITS, AN EMPLOYER MAY OFFER AN EMPLOYEE WHO HAS ACCRUED BUT UNUSED VACATION TIME OR PERSONAL LEAVE AVAILABLE AT THE TIME OF USE OF AVAILABLE FAMILY LEAVE TO CHOOSE WHETHER TO CHARGE ALL OR PART OF THE FAMILY LEAVE TIME TO ACCRUED BUT UNUSED VACATION OR PERSONAL LEAVE, AND RECEIVE FULL SALARY, OR TO NOT CHARGE TIME TO ACCRUED BUT UNUSED VACATION OR PERSONAL LEAVE, AND RECEIVE THE BENEFIT AS SET FORTH IN SECTION TWO HUNDRED FOUR OF THIS ARTICLE. AN EMPLOYER THAT PAYS FULL SALARY DURING A PERIOD OF FAMILY LEAVE MAY REQUEST REIMBURSEMENT IN ACCORDANCE WITH SECTION TWO HUNDRED THIRTY-SEV- EN OF THIS ARTICLE. WITH THE ELECTION OF EITHER OPTION, THE EMPLOYEE S. 6405--B 75 SHALL RECEIVE THE FULL PROTECTION OF THE REINSTATEMENT PROVISION SET FORTH IN SECTION TWO HUNDRED THREE-B OF THIS ARTICLE, AND SHALL CONCUR- RENTLY USE AVAILABLE FAMILY MEDICAL LEAVE ACT AND PAID FAMILY LEAVE CREDITS. IN NO EVENT CAN AN EMPLOYEE UTILIZE FAMILY LEAVE BEYOND THE TWELVE WEEKS PER ANY FIFTY-TWO WEEK PERIOD SET FORTH IN THIS ARTICLE. THIS PARAGRAPH MAY NOT BE CONSTRUED IN A MANNER THAT RELIEVES AN EMPLOY- ER OF ANY DUTY OF COLLECTIVE BARGAINING THE EMPLOYER MAY HAVE WITH RESPECT TO THE SUBJECT MATTER OF THIS PARAGRAPH. 3. NO EMPLOYEE SHALL BE ENTITLED TO DISABILITY OR FAMILY LEAVE BENE- FITS UNDER THIS ARTICLE: (A) for any disability occasioned by the wilful intention of the employee to bring about injury to or the sickness of himself or another, or resulting from any injury or sickness sustained in the perpetration by the employee of an illegal act; [4.] (B) for any day of disability OR FAMILY LEAVE during which the employee performed work for remuneration or profit; [5.] (C) for any day of disability OR FAMILY LEAVE for which the employee is entitled to receive from his OR HER employer, or from a fund to which the employer has contributed, remuneration or maintenance in an amount equal to or greater than that to which he OR SHE would be enti- tled under this article; but any voluntary contribution or aid which an employer may make to an employee or any supplementary benefit paid to an employee pursuant to the provisions of a collective bargaining agreement or from a trust fund to which contributions are made pursuant to the provisions of a collective bargaining agreement shall not be considered as continued remuneration or maintenance for this purpose; [6.] (D) for any period in respect to which such employee is subject to suspension or disqualification of the accumulation of unemployment insurance benefit rights, or would be subject if he OR SHE were eligible for such benefit rights, except for ineligibility resulting from the employee's disability; [7.] (E) for any disability due to any act of war, declared or unde- clared[, if such act shall occur after June thirtieth, nineteen hundred fifty]; [8.] (F) for any disability OR FAMILY LEAVE commencing before the employee becomes eligible to benefits [hereunder or commencing prior to July first, nineteen hundred fifty, but this shall not preclude benefits for recurrence after July first, nineteen hundred fifty, of a disability commencing prior thereto] UNDER THIS SECTION. 4. AN EMPLOYEE WHO HAS GIVEN BIRTH MAY USE NO MORE THAN A COMBINED TWELVE WEEKS PURSUANT TO SUBDIVISION ONE FOR RECOVERY FROM CHILDBIRTH AND SUBDIVISION TWO FOR BONDING WITH THE CHILD AS PERMITTED UNDER SUBDI- VISION FIFTEEN OF SECTION 201, DURING ANY FIFTY-TWO CONSECUTIVE CALENDAR WEEKS. AN EMPLOYEE MAY NOT SEEK BENEFITS CONCURRENTLY UNDER BOTH SUBDI- VISIONS ONE AND TWO OF THIS SECTION. S 7. Section 206 of the workers' compensation law, as amended by chap- ter 699 of the laws of 1956, paragraph (a) of subdivision 1 as separate- ly amended by chapters 699 and 929 of the laws of 1956 and subdivision 2 as amended by chapter 24 of the laws of 1988, is amended to read as follows: S 206. Non-duplication of benefits. 1. No DISABILITY benefits shall be payable under section two hundred four or two hundred seven OF THIS ARTICLE: (a) in a weekly benefit amount which, together with any amount that the employee receives or is entitled to receive for the same period or any part thereof as a permanent disability benefit or annuity under any S. 6405--B 76 governmental system or program, except under a veteran's disability program, or under any permanent disability policy or program of an employer for whom he OR SHE has performed services, would, if appor- tioned to weekly periods, exceed his OR HER weekly benefit amount [here- under] UNDER THIS SECTION, provided however, that there shall be no offset against the benefits set forth in this article if the claim for disability benefits is based on a disability other than the permanent disability for which the aforesaid permanent disability benefit or annu- ity was granted; (b) with respect to any week for which payments are received under the unemployment insurance law or similar law of this state or of any other state or of the United States; (c) subject to the provisions of subdivision two of this section, for any period with respect to which benefits, compensation or other allow- ances (other than [workmen's] WORKERS' compensation benefits for a permanent partial disability occurring prior to the disability for which benefits are claimed hereunder) are paid or payable under this chapter, the volunteer [firemen's] FIREFIGHTERS' benefit law, or any other [work- men's] WORKERS' compensation act, occupational disease act or similar law, or under any employers' liability act or similar law; under any other temporary disability or cash sickness benefits act or similar law; under section six hundred eighty-eight, title forty-six, United States code; under the federal employers' liability act; or under the maritime doctrine of maintenance, wages and cure. 2. If an employee who is eligible for DISABILITY benefits under section two hundred three or two hundred seven OF THIS ARTICLE is disa- bled and has claimed or subsequently claims workers' compensation bene- fits under this chapter or benefits under the volunteer firefighters' benefit law or the volunteer ambulance workers' benefit law, and such claim is controverted on the ground that the employee's disability was not caused by an accident that arose out of and in the course of his employment or by an occupational disease, or by an injury in line of duty as a volunteer firefighter or volunteer ambulance worker, the employee shall be entitled in the first instance to receive benefits under this article for his OR HER disability. If benefits have been paid under this article in respect to a disability alleged to have arisen out of and in the course of the employment or by reason of an occupational disease, or in line of duty as a volunteer firefighter or a volunteer ambulance worker, the employer or carrier or the chairman making such payment may, at any time before award of workers' compensation benefits, or volunteer firefighters' benefits or volunteer ambulance workers' benefits, is made, file with the board a claim for reimbursement out of the proceeds of such award to the employee for the period for which disability benefits were paid to the employee under this article, and shall have a lien against the award for reimbursement, notwithstanding the provisions of section thirty-three of this chapter or section twen- ty-three of the volunteer firefighters' benefit law or section twenty- three of the volunteer ambulance workers' benefit law provided the insurance carrier liable for payment of the award receives, before such award is made, a copy of the claim for reimbursement from the employer, carrier or [chairman] CHAIR who paid disability benefits, or provided the board's decision and award directs such reimbursement therefrom. 3. NO FAMILY LEAVE BENEFITS SHALL BE PAYABLE UNDER SECTION TWO HUNDRED FOUR OF THIS ARTICLE: (A) DURING PERIODS WHEN THE EMPLOYEE IS RECEIVING WORKERS' COMPEN- SATION LOST WAGE BENEFITS, OR BENEFITS UNDER THE VOLUNTEER FIREFIGHTERS' S. 6405--B 77 BENEFIT LAW OR THE VOLUNTEER AMBULANCE WORKERS' BENEFIT LAW OR UNDER ANY STATE'S LAW; (B) TO AN EMPLOYEE WHO IS NOT EMPLOYED OR IS ON ADMINISTRATIVE LEAVE FROM HIS OR HER EMPLOYMENT; (C) TO AN EMPLOYEE DURING PERIODS WHERE THE EMPLOYEE IS COLLECTING SICK PAY OR PAID TIME OFF FROM THE EMPLOYER; AND (D) FOR ANY DAY IN WHICH CLAIMANT WORKS AT LEAST PART OF THAT DAY FOR RENUMERATION OR PROFIT. 4. UNLESS OTHERWISE EXPRESSLY PERMITTED BY THE EMPLOYER, BENEFITS AVAILABLE UNDER 29 U.S. CODE CHAPTER 28 (THE FAMILY AND MEDICAL LEAVE ACT) MUST BE USED CONCURRENTLY WITH FAMILY LEAVE BENEFITS. AN EMPLOYER SHALL NOT BE REQUIRED TO PERMIT TWELVE ADDITIONAL WEEKS OF BENEFITS FOLLOWING EXHAUSTION OF THE TWELVE WEEKS OF PAID FAMILY LEAVE BENEFITS. 5. A COVERED EMPLOYER IS NOT REQUIRED TO PERMIT MORE THAN ONE EMPLOYEE TO USE THE SAME PERIOD OF FAMILY LEAVE TO CARE FOR THE SAME FAMILY MEMBER. S 8. Section 207 of the workers' compensation law is amended by adding a new subdivision 5 to read as follows: 5. THE FOREGOING PROVISIONS OF THIS SECTION SHALL NOT APPLY TO FAMILY LEAVE BENEFITS, AS FAMILY LEAVE BENEFITS ARE NOT AVAILABLE TO EMPLOYEES THAT ARE NOT EMPLOYED AT THE TIME FAMILY LEAVE IS REQUESTED BY FILING THE NOTICE AND MEDICAL CERTIFICATION REQUIRED BY THE CHAIR. S 9. Section 208 of the workers' compensation law, as added by chapter 600 of the laws of 1949, subdivision 1 as amended by chapter 314 of the laws of 2010, is amended to read as follows: S 208. Payment of disability AND FAMILY LEAVE benefits. 1. Benefits provided under this article shall be paid periodically and promptly and, except as to a contested period of disability OR FAMILY LEAVE, without any decision by the board, OR DESIGNEE OF THE CHAIR. The first payment of benefits shall be due on the fourteenth day of disability OR FAMILY LEAVE and benefits for that period shall be paid directly to the employ- ee within four business days thereafter or within four business days after the filing of required proof of claim, whichever is the later. Thereafter benefits shall be due and payable bi-weekly in like manner. The [chairman] CHAIR OR CHAIR'S DESIGNEE may determine that benefits may be paid monthly or semi-monthly if wages were so paid, and may authorize deviation from the foregoing requirements to facilitate prompt payment of benefits. Any inquiry which requires the employee's response in order to continue benefits uninterrupted or unmodified shall provide a reason- able time period in which to respond and include a clear and prominent statement of the deadline for responding and consequences of failing to respond. 2. The [chairman] CHAIR AND SUPERINTENDENT OF FINANCIAL SERVICES may, whenever such information is deemed necessary, require any carrier to file in form prescribed by the [chairman] CHAIR a report or reports as to any claim or claims, including (but without limitation) dates of commencement and termination of benefit payments and amount of benefits paid under this article. The [chairman] CHAIR AND SUPERINTENDENT OF FINANCIAL SERVICES may also require annually information in respect to the aggregate of benefits paid, the number of claims allowed and disal- lowed, the average benefits and duration of benefit periods, the amount of payrolls covered and such other information as the [chairman] CHAIR may deem necessary for the purposes of administering this article. If the carrier is providing benefits in respect to more than one employer, the [chairman] CHAIR AND SUPERINTENDENT OF FINANCIAL SERVICES may require that such information be shown separately as to those employers S. 6405--B 78 who are providing only benefits that are substantially the same as the benefits required in this article. THE CHAIR AND SUPERINTENDENT OF FINANCIAL SERVICES MAY PRESCRIBE THE FORMAT OF SUCH REPORT AND MAY PROMULGATE REGULATIONS TO EFFECTUATE THIS ARTICLE. S 10. Section 209 of the workers' compensation law, as added by chap- ter 600 of the laws of 1949, subdivision 3 as amended by chapter 415 of the laws of 1983 and subdivision 4 as amended by chapter 134 of the laws of 1952, is amended to read as follows: S 209. Contribution of employees for disability AND FAMILY LEAVE bene- fits. 1. Every employee in the employment of a covered employer shall[, on and after January first, nineteen hundred fifty,] contribute to the cost of providing disability AND AFTER JANUARY FIRST, TWO THOUSAND EIGH- TEEN, FAMILY LEAVE benefits under this article, to the extent and in the manner herein provided. 2. The special contribution of each such employee to the accumulation of funds to provide benefits for disabled unemployed shall be as provided in subdivision one of section two hundred fourteen OF THIS ARTICLE. 3. (A) DISABILITY BENEFITS. The contribution of each such employee to the cost of disability benefits provided by this article shall be one- half of one per centum of the employee's wages paid to him OR HER on and after July first, nineteen hundred fifty, but not in excess of sixty cents per week. (B) FAMILY LEAVE BENEFITS. ON SEPTEMBER FIRST, TWO THOUSAND SEVENTEEN AND ANNUALLY THEREAFTER THE SUPERINTENDENT OF FINANCIAL SERVICES SHALL SET THE MAXIMUM EMPLOYEE CONTRIBUTION, USING THE REPORTS PROVIDED IN SECTION TWO HUNDRED EIGHT OF THIS ARTICLE, AND CONSISTENT WITH THE PRIN- CIPLE THAT THE COSTS OF FAMILY LEAVE SHOULD BE FUNDED ONE HUNDRED PERCENT BY EMPLOYEE PAYROLL CONTRIBUTION. 4. Notwithstanding any other provision of law, the employer is author- ized to collect from his OR HER employees, except as otherwise provided in any plan or agreement under the provisions of subdivisions four or five of section two hundred eleven OF THIS ARTICLE, the contribution provided under subdivisions two and three OF THIS SECTION, through payroll deductions. If the employer shall not make deduction for any payroll period he OR SHE may thereafter, but not later than one month after payment of wages, collect such contribution through payroll deduction. 5. In collecting employee contributions through payroll deductions, the employer shall act as the agent of his OR HER employees and shall use the contributions only to provide disability AND FAMILY LEAVE bene- fits as required by this article. IN NO EVENT MAY THE EMPLOYEE'S ANNUAL CONTRIBUTION FOR FAMILY LEAVE EXCEED HIS OR HER PRO RATA SHARE OF THE ACTUAL ANNUAL PREMIUM CHARGED FOR THE SAME YEAR AND MUST BE DETERMINED CONSISTENT WITH THE PRINCIPLE THAT EMPLOYEES SHOULD PAY THE TOTAL COSTS OF FAMILY LEAVE PREMIUM. IN NO EVENT MAY THE EMPLOYEE'S WEEKLY CONTRIB- UTION FOR DISABILITY PREMIUM EXCEED ONE-HALF OF ONE PER CENTUM OF THE EMPLOYEE'S WAGES PAID TO HIM OR HER, BUT NOT IN EXCESS OF SIXTY CENTS PER WEEK. After June thirtieth, nineteen hundred fifty, if the employer is not providing, or to the extent that he OR SHE is not then providing, for the payment of disability benefits to his OR HER employees by insur- ing with the state fund or with another insurance carrier, he OR SHE shall keep the contributions of his OR HER employees as trust funds separate and apart from all other funds of the employer. The payment of such contributions by the employer to a carrier providing for the S. 6405--B 79 payment of such benefits shall discharge the employer from responsibil- ity with respect to such contributions. S 11. Section 210 of the workers' compensation law, as added by chap- ter 600 of the laws of 1949, is amended to read as follows: S 210. Employer contributions. 1. Every covered employer shall, on and after January first, nineteen hundred fifty, contribute the cost of providing disability AND FAMILY LEAVE benefits in excess of the contrib- utions collected from his OR HER employees, to the extent and in the manner provided in this article. 2. The special contribution of each covered employer to the accumu- lation of funds to provide benefits for disabled unemployed shall be as provided in subdivision one of section two hundred fourteen OF THIS ARTICLE. 3. The contribution of every covered employer to the cost of providing disability benefits after June thirtieth, nineteen hundred fifty, AND PROVIDING DISABILITY AND FAMILY LEAVE BENEFITS AFTER JANUARY FIRST, TWO THOUSAND EIGHTEEN, shall be the excess of such cost over the amount of the contributions of his OR HER employees. 4. No profit shall be derived by any employer or association of employers or of employees from providing payment of disability AND FAMI- LY LEAVE benefits under this article. All funds representing contrib- utions of employers and employees, and increments thereon, held by employers or associations of employers or of employees authorized or permitted to pay benefits under the provisions of this article, and by trustees paying benefits under plans or agreements meeting the require- ments of section two hundred eleven OF THIS ARTICLE, shall be trust funds and shall be expended only to provide for the payment of benefits to employees and for the costs of administering this article and for the support of the fund established under section two hundred fourteen OF THIS ARTICLE. S 12. The opening paragraph and subdivisions 3, 4 and 5 of section 211 of the workers' compensation law, the opening paragraph as added by chapter 600 of the laws of 1949, subdivision 3 as amended by chapter 207 of the laws of 1992, and subdivisions 4 and 5 as amended by chapter 197 of the laws of 1960, are amended, and new subdivisions 7 and 8 are added to read as follows: A covered employer shall, with his OR HER own contributions and the contributions of his employees, provide disability AND AFTER JANUARY FIRST, TWO THOUSAND EIGHTEEN, FAMILY LEAVE benefits to his OR HER employees in one or more of the following ways: 3. by furnishing satisfactory proof to the chair of the employers financial ability to pay such benefits, in which case the chair shall require the deposit of such securities as the chair may deem necessary [of the kind prescribed in subdivisions one, two, three, four and five and paragraph a of subdivision seven of section two hundred thirty-five of the banking law or the deposit of cash or the filing of irrevocable letters of credit issued by a qualified banking institution as defined by rules promulgated by the chair or the filing of the bond of a surety company authorized to do business in this state, conditioned on the payment by the employer of its obligations under this article and in form approved by the chair, or the posting and filing of a combination of such securities, cash, irrevocable letters of credit and surety bonds in an amount to be determined by the chair, to secure his or her liabil- ity to pay the compensation provided in this chapter. The amount of deposit or of the penal sum of the bond shall be determined by the chair and shall not be less than one-half the estimated contributions of the S. 6405--B 80 employees of the employer for the ensuing year or one-half of the contributions of the employees which would have been paid by the employ- ees during the preceding year, whichever is the greater, or if such amount is more than fifty thousand dollars an amount not less than fifty thousand dollars. The chair shall have authority to deny an application to provide benefits pursuant to this subdivision or to revoke approval at any time for good cause shown. In the case of an employer who main- tains a deposit of securities, irrevocable letters of credit or cash in accordance with subdivision three of section fifty of this chapter, the chair may reduce the amount of the deposit or of the penal sum of the bond, provided the securities, irrevocable letters of credit or cash deposited by or for such employer under subdivision three of section fifty of this chapter are, by agreement satisfactory to the chair, made available for the payment of unpaid benefits under this article with respect to obligations incurred for disabilities commencing prior to the effective date of such revocation] CONSISTENT WITH THE PROVISIONS OF SUBDIVISION THREE OF SECTION FIFTY OF THIS CHAPTER. An association of employers or employees authorized to pay benefits under this article or the trustee or trustees paying benefits under a plan or agreement authorized under subdivisions four and five of this section, may with the approval of the chair furnish such proof and otherwise comply with the provisions of this section to provide disability AND FAMILY LEAVE benefits to employees under such plan or agreement. 4. by a plan in existence on the effective date of this article. If on the effective date of this article the employees of a covered employer or any class or classes of such employees are entitled to receive disa- bility AND FAMILY LEAVE benefits under a plan or agreement which remains in effect on July first, nineteen hundred fifty, the employer, subject to the requirements of this section, shall be relieved of responsibility for making provision for benefit payments required under this article until the earliest date, determined by the [chairman] CHAIR for the purposes of this article, upon which the employer shall have the right to discontinue the provisions thereof or to discontinue his contrib- utions towards the cost. Any such plan or agreement may be extended, with or without modification, by agreement or collective bargaining between an employer or employers or association of employers and an association of employees, in which event the period for which the employer is relieved of such responsibility shall include such period of extension. Any other plan or agreement in existence on the effective date of this article which the employer may, by his OR HER sole act, terminate at any time, or with respect to which he OR SHE is not obli- gated to continue for any period to make contributions, may be accepted by the [chairman] CHAIR as satisfying the obligation to provide for the payment of benefits under this article if such plan or agreement provides benefits at least as favorable as the disability AND FAMILY LEAVE benefits provided by this article and does not require contrib- utions of any employee or of any class or classes of employees in excess of the statutory amount provided in SUBDIVISION THREE OF section two hundred nine OF THIS ARTICLE, subdivision three, except by agreement and provided the contribution is reasonably related to the value of the benefits as determined by the CHAIR [chairman]. The [chairman] CHAIR may require that the employer shall enter into an agreement in writing with the [chairman] CHAIR that he OR SHE will pay the assessments set forth in sections two hundred fourteen and two hundred twenty-eight and that until he OR SHE shall have filed written notice with the CHAIR [chair- man] of his OR HER election to terminate such plan or agreement or to S. 6405--B 81 discontinue making necessary contributions to its cost, he OR SHE will continue to provide for the payment of the disability AND FAMILY LEAVE benefits under such plan or agreement. During any period in which any plan or agreement or extension thereof authorized under this subdivision provides for payment of benefits under this article, the responsibility of the employer and the obligations and benefits of the employees shall be as provided in said plan or agreement rather than as provided under this article, other than the benefits provided in section two hundred seven, and provided the employer or carrier has agreed to pay the assessments described in sections two hundred fourteen and two hundred twenty-eight. Any such plan or agreement may be extended with or without modifica- tion, provided the benefits under such plan or agreement, as extended or modified, shall be found by the [chairman] CHAIR to be at least as favorable as the benefits provided by this article. 5. by a new plan or agreement. After the effective date of this arti- cle, a new plan or agreement with a carrier may be accepted by the CHAIR [chairman] as satisfying the obligation to provide for the payment of benefits under this article if such plan or agreement shall provide benefits at least as favorable as the disability AND FAMILY LEAVE bene- fits provided by this article and does not require contributions of any employee or of any class or classes of employees in excess of the statu- tory amount provided in section two hundred nine, subdivision three, except by agreement and provided the contribution is reasonably related to the value of the benefits as determined by the [chairman] CHAIR. Any such plan or agreement shall continue until written notice filed with the [chairman] CHAIR of intention to terminate such plan or agreement, and any modification of such plan or agreement shall be subject to the written approval of the [chairman] CHAIR. During any period in which any plan or agreement or extension thereof authorized under this subdivision provides for payment of benefits under this article, the responsibility of the employer and the obligations and benefits of the employees shall be as provided in said plan or agreement rather than as provided under this article, other than the benefits provided in section two hundred seven, and provided the employer or carrier has agreed to pay the assessments described in sections two hundred fourteen and two hundred twenty-eight. 7. PREMIUMS FOR POLICIES PROVIDING DISABILITY OR FAMILY LEAVE BENEFITS IN ACCORDANCE WITH THIS ARTICLE SHALL BE CALCULATED IN ACCORDANCE WITH APPLICABLE PROVISIONS OF THE INSURANCE LAW, INCLUDING SUBSECTION (N) OF SECTION FOUR THOUSAND TWO HUNDRED AND THIRTY-FIVE OF SUCH LAW. 8. AN EMPLOYER PROVIDING DISABILITY BENEFITS COVERAGE PURSUANT TO SUBDIVISION THREE OF THIS SECTION MAY OBTAIN COVERAGE FOR FAMILY LEAVE BENEFITS SEPARATELY PURSUANT TO SUBDIVISION ONE OR SUBDIVISION TWO OF THIS SECTION. S 13. Subdivisions 1, 2, 4 and 5 of section 212 of the workers' compensation law, subdivision 1 as amended by chapter 740 of the laws of 1960, subdivision 2 as amended by chapter 120 of the laws of 1969, subdivision 4 as amended by chapter 205 of the laws of 1993, and subdi- vision 5 as added by chapter 593 of the laws of 1992, are amended to read as follows: 1. Any employer not required by this article to provide for the payment of disability OR FAMILY LEAVE benefits to his employees, or to any class or classes thereof, may become a covered employer or bring within the provisions of this article such employees or class or classes thereof by voluntarily electing to provide for payment of such benefits S. 6405--B 82 in one or more of the ways set forth in section two hundred eleven OF THIS ARTICLE; but such election shall be subject to the approval of the [chairman] CHAIR, and if the employees are required to contribute to the cost of such benefits the assent within thirty days before such approval is granted, of more than one-half of such employees shall be evidenced to the satisfaction of the [chairman] CHAIR. On approval by the [chair- man] CHAIR of such election to provide benefits, all the provisions of this article shall become and continue applicable as if the employer were a covered employer as defined in this article. The obligation to continue as a covered employer with respect to employees for whom provision of benefits is not required under this article, may be discon- tinued by such employer on ninety days notice to the [chairman] CHAIR in writing and to his OR HER employees, after he OR SHE has provided for payment of benefits for not less than one year and with such provision for payment of obligations incurred on and prior to the termination date as the [chairman] CHAIR may approve. 2. Notwithstanding the definition of "employer" and "employment" in section two hundred one of this article, a public authority, a municipal corporation or a fire district or other political subdivision may become a covered employer FOR THE PURPOSE OF PROVIDING DISABILITY BENEFITS under this article by complying with the provisions of subdivision one of this section and may discontinue such status only as provided in that subdivision. 4. (A) An executive officer of a corporation who at all times during the period involved owns all of the issued and outstanding stock of the corporation and holds all of the offices pursuant to paragraph (e) of section seven hundred fifteen of the business corporation law or two executive officers of a corporation who at all times during the period involved between them own all of the issued and outstanding stock of such corporation and hold all such offices provided, however, that each officer must own at least one share of stock and who is the executive officer or who are the executive officers of a corporation having other persons who are employees required to be covered under this article, shall be deemed to be included in the corporation's disability AND FAMI- LY LEAVE benefits insurance contract or covered by a certificate of self-insurance or a plan under section two hundred eleven of this arti- cle, unless the officer or officers elect to be excluded from the cover- age of this article. Such election shall be made by any such corporation filing with the insurance carrier, or the chair of the workers' compen- sation board in the case of self-insurance, upon a form prescribed by the [chairman] CHAIR, a notice that the corporation elects to exclude the executive officer or officers of such corporation named in the notice from the coverage of this article. Such election shall be effec- tive with respect to all policies issued to such corporation by such insurance carrier as long as it shall continuously insure the corpo- ration. Such election shall be final and binding upon the executive officer or officers named in the notice until revoked by the corpo- ration. (B) NOTWITHSTANDING THE DEFINITION OF "EMPLOYER" IN SECTION TWO HUNDRED ONE OF THIS ARTICLE, A SOLE PROPRIETOR, MEMBER OF A LIMITED LIABILITY COMPANY OR LIMITED LIABILITY PARTNERSHIP, OR OTHER SELF-EM- PLOYED PERSON MAY BECOME A COVERED EMPLOYER UNDER THIS ARTICLE BY COMPLYING WITH THE PROVISIONS OF SUBDIVISION ONE OF THIS SECTION. 5. A spouse who is an employee of a covered employer shall be deemed to be included in the employer's disability AND FAMILY LEAVE benefits insurance contract or covered by a certificate of self-insurance or a S. 6405--B 83 plan under section two hundred eleven of this article, unless the employer elects to exclude such spouse from the coverage of this arti- cle. Such election shall be made by any such employer filing with the insurance carrier, or the chair of the workers' compensation board in the case of self-insurance, upon a form prescribed by the chair, a notice that the employer elects to exclude such spouse named in the notice from the coverage of this article. Such election shall be effec- tive with respect to all policies issued to such employer by such insur- ance carrier as long as it shall continuously insure the employer. Such election shall be final and binding upon the spouse named in the notice until revoked by the employer. S 14. The workers' compensation law is amended by adding new sections 212-a and 212-b to read as follows: S 212-A. NOTWITHSTANDING THE DEFINITION OF "EMPLOYER" AND "EMPLOYMENT" SET FORTH IN SECTION TWO HUNDRED ONE OF THIS ARTICLE AND THE REQUIREMENT FOR INSURANCE POLICIES TO OFFER BOTH DISABILITY AND FAMILY LEAVE COVER- AGE SET FORTH IN TWO HUNDRED TWENTY SIX OF THIS ARTICLE, THE STATE, ANY POLITICAL SUBDIVISION OF THE STATE, A PUBLIC AUTHORITY OR ANY OTHER GOVERNMENTAL AGENCY OR INSTRUMENTALITY, MAY ELECT TO BECOME A COVERED EMPLOYER SOLELY FOR THE PURPOSE OF FAMILY LEAVE BENEFITS. COVERAGE FOR FAMILY LEAVE BENEFITS MAY BE SECURED BY A PUBLIC EMPLOYER, AS THAT TERM IS DEFINED IN SUBDIVISION ONE OF SECTION TWO HUNDRED TWELVE-B OF THIS ARTICLE, AS PERMITTED BY THIS ARTICLE, INCLUDING AS APPLICABLE SECTION TWO HUNDRED ELEVEN, SUBDIVISION FOUR OF SECTION FIFTY, OR SECTION EIGHT- Y-EIGHT-C. THE PROVIDER OF FAMILY LEAVE COVERAGE FOR SUCH PUBLIC EMPLOY- EES SHALL BE EXEMPT FROM THE REQUIREMENT THAT INSURANCE POLICIES OFFER BOTH DISABILITY AND FAMILY LEAVE BENEFITS IN SECTION TWO HUNDRED TWEN- TY-SIX OF THIS ARTICLE. S 212-B. PUBLIC EMPLOYEES; PUBLIC EMPLOYEES REPRESENTED BY AN EMPLOYEE ORGANIZATION; EMPLOYEE OPT IN. 1. FOR PURPOSES OF THIS SECTION, "PUBLIC EMPLOYEE" MEANS ANY EMPLOYEE OF THE STATE, ANY POLITICAL SUBDIVISION OF THE STATE, A PUBLIC AUTHORITY OR ANY OTHER GOVERNMENTAL AGENCY OR INSTRUMENTALITY. "PUBLIC EMPLOYER" MEANS THE STATE, ANY POLITICAL SUBDIVISION OF THE STATE, A PUBLIC AUTHORITY OR ANY OTHER GOVERNMENTAL AGENCY OR INSTRUMENTALITY THEREOF. "EMPLOYEE ORGANIZATION" SHALL HAVE THE SAME MEANING SET FORTH IN SECTION TWO HUNDRED ONE OF THE CIVIL SERVICE LAW. 2. PUBLIC EMPLOYERS SHALL PROVIDE BENEFITS FOR FAMILY LEAVE TO PUBLIC EMPLOYEES IN ACCORDANCE WITH THE PROCEDURES AND TERMS SET FORTH IN SUBDIVISION THREE OF THIS SECTION. 3. (A) AN EMPLOYEE ORGANIZATION MAY, PURSUANT TO COLLECTIVE BARGAIN- ING, OPT IN TO PAID FAMILY LEAVE BENEFITS ON BEHALF OF THOSE PUBLIC EMPLOYEES IT IS EITHER CERTIFIED OR RECOGNIZED, WITHIN THE MEANING OF ARTICLE 14 OF THE CIVIL SERVICE LAW, TO REPRESENT AT ANY TIME THAT IS MUTUALLY AGREED UPON BETWEEN THE EMPLOYEE ORGANIZATION AND ANY PUBLIC EMPLOYER. AN EMPLOYEE ORGANIZATION THAT HAS OPTED IN TO PAID FAMILY LEAVE BENEFITS MAY, PURSUANT TO COLLECTIVE BARGAINING, OPT OUT OF IT AS IS MUTUALLY AGREED UPON BETWEEN THE EMPLOYEE ORGANIZATION AND ANY PUBLIC EMPLOYER. B. FOR PUBLIC EMPLOYEES WHO ARE NOT REPRESENTED BY AN EMPLOYEE ORGAN- IZATION, THE PUBLIC EMPLOYER MAY OPT-IN TO PAID FAMILY LEAVE BENEFITS WITHIN NINETY DAYS NOTICE TO SUCH PUBLIC EMPLOYEES. FOLLOWING OPT-IN BY A PUBLIC EMPLOYER FOR PUBLIC EMPLOYEES NOT REPRESENTED BY AN EMPLOYEE ORGANIZATION, THE PUBLIC EMPLOYER MAY OPT-OUT OF PAID FAMILY LEAVE BENE- FITS WITH TWELVE MONTHS NOTICE TO THOSE PUBLIC EMPLOYEES. S. 6405--B 84 4. IN THE ABSENCE OF ANY CONTRARY STATEMENT IN A COLLECTIVELY NEGOTI- ATED AGREEMENT UNDER ARTICLE FOURTEEN OF THE CIVIL SERVICE LAW, A PUBLIC EMPLOYER MAY REQUIRE PUBLIC EMPLOYEES WHO OPT IN UNDER THIS SECTION TO PROVIDE THE MAXIMUM EMPLOYEE CONTRIBUTION, AS DEFINED IN PARAGRAPH (B) OF SUBDIVISION THREE OF SECTION TWO HUNDRED NINE OF THIS ARTICLE. S 15. Subdivision 1 of section 213 of the workers' compensation law, as amended by chapter 784 of the laws of 1980, is amended and a new subdivision 3 is added to read as follows: 1. Whenever a covered employer does not comply with this article by providing for the payment of disability AND FAMILY LEAVE benefits to his OR HER employees in one or more of the ways provided in section two hundred eleven OF THIS ARTICLE or whenever a carrier fails to pay the benefits required by this article to employees of a covered employer, then such employer shall be fully and directly liable to each of his OR HER employees for the payment of benefits provided by this article. The amount of the benefits to which employees of such employers are entitled under this article and attendance fees of [their] ANY attending [physi- cians or attending podiatrists] HEALTH CARE PROVIDER fixed pursuant to subdivision two of section two hundred thirty-two OF THIS ARTICLE shall, on order of the [chairman] CHAIR, be paid out of the fund established under section two hundred fourteen OF THIS ARTICLE. In case of non-com- pliance of the employer, such employer shall forthwith pay to the [chairman] CHAIR, for credit to the fund, the sum so expended or one [per cent] PERCENT of his OR HER payroll for his OR HER employees in employment during the period of non-compliance, whichever is greater; provided, however, that if it shall appear to the satisfaction of the [chairman] CHAIR that the default in payment of benefits or the non-com- pliance of the employer otherwise with his OR HER obligation under this article was inadvertent, the [chairman] CHAIR may fix the sum payable in such case for non-compliance or default at the amount paid out of the fund and a sum less than one [per cent] PERCENT of such payroll, and in addition the penalties for non-compliance imposed under this article. In case of failure of the carrier to pay benefits, the employer shall forthwith pay to the [chairman] CHAIR, for credit to the fund, the sum so expended. 3. THE PROVISIONS OF SECTION ONE HUNDRED FORTY-ONE-B OF THIS CHAPTER SHALL NOT APPLY TO VIOLATIONS OF THIS SECTION AFTER JANUARY FIRST, TWO THOUSAND EIGHTEEN AND BEFORE JANUARY FIRST, TWO THOUSAND TWENTY. THERE- AFTER, IN THE EVENT AN EMPLOYER IS SUBJECT TO DEBARMENT SOLELY DUE TO A PENALTY FOR VIOLATION OF THIS SECTION, THE CHAIR MAY, IN THE INTERESTS OF JUSTICE, RESTORE THE EMPLOYER'S ELIGIBILITY TO SUBMIT A BID ON OR BE AWARDED ANY PUBLIC WORK CONTRACT OR SUBCONTRACT. THE CHAIR MAY EXERCISE THIS AUTHORITY ONLY IF IT IS THE EMPLOYER'S FIRST TIME VIOLATION OF SECTION ONE HUNDRED FORTY-ONE-B OF THIS CHAPTER; THE EMPLOYER IS NOT LIABLE FOR ANY OUTSTANDING WORKERS' COMPENSATION, DISABILITY OR FAMILY LEAVE CLAIMS AS A RESULT OF THE LACK OF COVERAGE; AND THE EMPLOYER HAS PAID ALL FINES, ASSESSMENTS, AND PENALTIES ASSOCIATED WITH THE LACK OF COVERAGE. S 16. Section 217 of the workers' compensation law, as added by chap- ter 600 of the laws of 1949, subdivision 1 as amended by chapter 167 of the laws of 1999, subdivisions 2 and 3 as amended by chapter 270 of the laws of 1990, and subdivision 6 as amended by chapter 344 of the laws of 1994, is amended to read as follows: S 217. Notice and proof of claim. 1. Written notice and proof of disability OR PROOF OF NEED FOR FAMILY LEAVE shall be furnished to the employer by or on behalf of the employee claiming benefits or, in the S. 6405--B 85 case of a claimant under section two hundred seven of this article, to the chair, within thirty days after commencement of the period of disa- bility. Additional proof shall be furnished thereafter from time to time as the employer or carrier or chair may require but not more often than once each week. Such proof shall include a statement of disability by the employee's [attending physician or attending podiatrist or attending chiropractor or attending dentist or attending psychologist or attending certified nurse midwife] OR FAMILY LEAVE CARE RECIPIENT'S HEALTH CARE PROVIDER, or in the case of an employee who adheres to the faith or teachings of any church or denomination, and who in accordance with its creed, tenets or principles depends for healing upon prayer through spiritual means alone in the practice of religion, by an accredited practitioner, containing facts and opinions as to such disability in compliance with regulations of the chair. Failure to furnish notice or proof within the time and in the manner above provided shall not invali- date the claim but no benefits shall be required to be paid for any period more than two weeks prior to the date on which the required proof is furnished unless it shall be shown to the satisfaction of the chair not to have been reasonably possible to furnish such notice or proof and that such notice or proof was furnished as soon as possible; provided, however, that no benefits shall be paid unless the required proof of disability is furnished within [twenty-six weeks after commencement of the period of disability] THE PERIOD OF ACTUAL DISABILITY OR FAMILY LEAVE THAT DOES NOT EXCEED THE STATUTORY MAXIMUM PERIOD PERMITTED UNDER SECTION TWO HUNDRED FIVE OF THIS ARTICLE. No limitation of time provided in this section shall run as against any [person] DISABLED EMPLOYEE who is mentally incompetent, or physically incapable of provid- ing such notice as a result of a serious medical condition, or a minor so long as such person has no guardian of the person and/or property. 2. An employee claiming DISABILITY benefits shall, as requested by the employer or carrier, submit himself or herself at intervals, but not more than once a week, for examination by [a physician or podiatrist or chiropractor or dentist or psychologist or certified nurse midwife] AN ACCREDITED HEALTH CARE PROVIDER designated by the employer or carrier. All such examinations shall be without cost to the employee and shall be held at a reasonable time and place. 3. The chair OR CHAIR'S DESIGNEE may direct the claimant OR FAMILY LEAVE CARE RECIPIENT to submit to examination by a [physician or podia- trist or chiropractor or dentist or psychologist] HEALTH CARE PROVIDER designated by him or her in any case in which the claim to disability OR FAMILY LEAVE benefits is contested and in claims arising under section two hundred seven OF THIS ARTICLE, and in other cases as the chair or board may require. 4. Refusal of the claimant OR FAMILY LEAVE CARE RECIPIENT without good cause to submit to any such examination shall disqualify [him] THE CLAIMANT OR EMPLOYEE from all benefits hereunder for the period of such refusal, except as to benefits already paid. 5. If benefits required to be paid by this article have been paid to an employee, further payments for the same disability OR FAMILY LEAVE shall not be barred solely because of failure to give notice or to file proof of disability for the period or periods for which such benefits have been paid. 6. In the event that a claim for benefits is rejected, the carrier or employer shall send by first class mail written notice of rejection to the [claimant] EMPLOYEE within forty-five days of receipt of proof of disability. Failure to mail such written notice of rejection within the S. 6405--B 86 time provided, shall bar the employer or carrier from contesting enti- tlement to benefits for any period of disability prior to such notice but such failure may be excused by the [chairman] CHAIR if it can be shown to the satisfaction of the [chairman] CHAIR not to have been reasonably possible to mail such notice and that such notice was mailed as soon as possible. Such notice shall include a statement, in a form prescribed by the [chairman] CHAIR, to the effect that the [claimant] EMPLOYEE may, for the purpose of review [by the board], file [with the chairman] notice that his or her claim has not been paid AS SET FORTH IN SECTION TWO HUNDRED TWENTY-ONE OF THIS ARTICLE. S 17. Section 219 of the workers' compensation law, as amended by chapter 688 of the laws of 1953, is amended to read as follows: S 219. Enforcement of payment in default. In case of a default in the payment of any benefits, assessments or penalties payable under this article by an employer who has failed to comply with the provisions of section two hundred eleven of this [chapter] ARTICLE or refusal of such employer to reimburse the fund under section two hundred fourteen OF THIS ARTICLE for the expenditures made therefrom pursuant to section two hundred thirteen OF THIS ARTICLE or to deposit within ten days after demand the estimated value of benefits not presently payable, the [chairman] CHAIR may file with the county clerk for the county in which the employer has his principal place of business (1) a certified copy of the decision of the board, OR ALTERNATIVE DISPUTE RESOLUTION ASSOCIATION DESIGNATED BY THE CHAIR PURSUANT TO SECTION TWO HUNDRED TWENTY-ONE OF THIS ARTICLE, or order of the [chairman] CHAIR, or (2) a certified copy of the demand for deposit of security, and thereupon judgment must be entered in the supreme court by the clerk of such county in conformity therewith immediately upon such filing. S 18. Section 220 of the workers' compensation law, as added by chap- ter 600 of the laws of 1949, subdivision 1 as amended by chapter 387 of the laws of 1984, subdivision 2 as amended by chapter 626 of the laws of 1979, subdivision 3 as amended by chapter 415 of the laws of 1983, subdivision 4 as amended by chapter 645 of the laws of 1981, subdivision 5 as amended by chapter 940 of the laws of 1973, subdivision 7 as amended by chapter 61 of the laws of 1989 and subdivision 8 as amended by chapter 213 of the laws of 1993, is amended to read as follows: S 220. Penalties. 1. Any employer who fails to make provision for payment of disability OR FAMILY LEAVE benefits as required by section two hundred eleven of this article within ten days following the date on which such employer becomes a covered employer as defined in section two hundred two OF THIS ARTICLE shall be guilty of a misdemeanor and upon conviction be punishable by a fine of not less than one hundred nor more than five hundred dollars or imprisonment for not more than one year or both, except that where any person has previously been convicted of a failure to make provisions for payment of disability OR FAMILY LEAVE benefits within the preceding five years, upon conviction for a second violation such person shall be fined not less than two hundred fifty nor more than one thousand two hundred fifty dollars in addition to any other penalties including fines otherwise provided by law, and upon conviction for a third or subsequent violation such person may be fined up to two thousand five hundred dollars in addition to any other penal- ties including fines otherwise provided by law. Where the employer is a corporation, the president, secretary, treasurer, or officers exercising corresponding functions, shall each be liable under this section. 2. The [chairman] CHAIR or any officer of the board designated by him OR HER, upon finding that an employer has failed to make provision for S. 6405--B 87 the payment of disability OR FAMILY LEAVE benefits, shall impose upon such employer a penalty not in excess of a sum equal to one-half of one per centum of his OR HER weekly payroll for the period of such failure and a further sum not in excess of five hundred dollars, which sums shall be paid into the fund created under section two hundred fourteen OF THIS ARTICLE. 3. If for the purpose of obtaining any benefit or payment under the provisions of this article, or for the purpose of influencing any deter- mination regarding any benefit payment, either for himself OR HERSELF or any other person, any person, employee, employer or carrier wilfully makes a false statement or representation or fails to disclose a materi- al fact, he OR SHE shall be guilty of a misdemeanor. 4. Whenever a carrier shall fail to make prompt payment of disability OR FAMILY LEAVE benefits payable under this article and after [hearing before an officer designated by the chairman] A DETERMINATION BY THE CHAIR'S DESIGNEE for that purpose, the [chairman] CHAIR OR DESIGNEE shall determine that failure to make such prompt payment was without just cause, the [chairman] CHAIR OR DESIGNEE shall collect from the carrier a sum not in excess of twenty-five per centum of the amount of the benefits as to which the carrier failed to make payment, which sum shall be credited to the special fund for disability benefits. In addi- tion, the [chairman] CHAIR OR DESIGNEE may collect and pay over to the employee the sum of ten dollars in respect to each week, or fraction thereof, for which benefits have not been promptly paid. 5. In addition to other penalties herein provided, the [chairman] CHAIR OR DESIGNEE shall remove from the list of [physicians] HEALTH CARE PROVIDERS authorized to render medical care under the provisions [of articles one to eight, inclusive,] of this chapter [and from the list of podiatrists authorized to render podiatric care under section thirteen-k of this chapter, and from the list of chiropractors authorized to render chiropractic care under section thirteen-l of this chapter the name of any physician or podiatrist or chiropractor] whom [he] THE CHAIR OR DESIGNEE shall find, after reasonable investigation, has submitted to the employer or carrier or [chairman] CHAIR in connection with any claim for disability benefits under this article, a statement of disability that is not truthful and complete. 6. In addition to other penalties herein provided, any person who for the purpose of obtaining any benefit or payment under this article or for the purpose of influencing any determination regarding any benefit payment, knowingly makes a false statement with regard to a material fact, shall not be entitled to receive benefits with respect to the disability claimed or any disability benefits during the period of twelve calendar months thereafter; but this penalty shall not be applied more than once with respect to each such offense. 7. All fines imposed under subdivisions one and three OF THIS SECTION, except as herein otherwise provided, shall be paid directly and imme- diately by the officer collecting the same to the chair, and be paid into the state treasury, provided, however, that all such fines collected by justices of the peace of towns and police justices of villages shall be paid to the state comptroller in accordance with the provisions of section twenty-seven of the town law [and section one hundred eighty-five of the village law, respectively]. 8. (a) The head of a state or municipal department, board, commission or office authorized or required by law to issue any permit for or in connection with any work involving the employment of employees in employment as defined in this article, and notwithstanding any general S. 6405--B 88 or special statute requiring or authorizing the issue of such permits, shall not issue such permit unless proof duly subscribed by an insurance carrier is produced in a form satisfactory to the chair, that the payment of disability benefits AND AFTER JANUARY FIRST, TWO THOUSAND TWENTY-ONE, THE PAYMENT OF FAMILY LEAVE BENEFITS for all employees has been secured as provided by this article. Nothing herein, however, shall be construed as creating any liability on the part of such state or municipal department, board, commission or office to pay any disabil- ity benefits to any such employee if so employed. (b) The head of a state or municipal department, board, commission or office authorized or required by law to enter into any contract for or in connection with any work involving the employment of employees in employment as defined in this article, and notwithstanding any general or special statute requiring or authorizing any such contract, shall not enter into any such contract unless proof duly subscribed by an insur- ance carrier is produced in a form satisfactory to the chair, that the payment of disability benefits AND AFTER JANUARY FIRST, TWO THOUSAND EIGHTEEN, THE PAYMENT OF FAMILY LEAVE BENEFITS for all employees has been secured as provided by this article. S 19. Section 221 of the workers' compensation law, as separately amended by chapters 425 and 500 of the laws of 1985, is amended to read as follows: S 221. Determination of contested claims for disability AND FAMILY LEAVE benefits. [Within twenty-six weeks] IN ACCORDANCE WITH REGU- LATIONS ADOPTED BY THE CHAIR, WITHIN TWENTY-SIX WEEKS of written notice of rejection of claim, the employee may file with the [chairman] CHAIR a notice that his or her claim for disability OR FAMILY LEAVE benefits has not been paid, and the employee shall submit proof of disability OR ENTITLEMENT TO FAMILY LEAVE and of his or her employment, wages and other facts reasonably necessary for determination of the employee's right to such benefits. Failure to file such notice within the time provided, may be excused [by the chairman] if it can be shown [to the satisfaction of the chairman] not to have been reasonably possible to furnish such notice and that such notice was furnished as soon as possi- ble. On demand [of the chairman] the employer or carrier shall forth- with deliver to the [chairman] BOARD the original or a true copy of the [attending physician's or attending podiatrist's or accredited practi- tioner's statement] HEALTH CARE PROVIDER'S REPORT, wage and employment data and all other papers in the possession of the employer or carrier with respect to such claim. The [board] CHAIR OR DESIGNEE shall have full power and authority to determine all issues in relation to every such claim for disability OR FAMILY LEAVE benefits required or provided under this article[, and shall file its decision in the office of the chairman. Upon such filing, the chairman shall send to the parties a copy of the decision. Either party may present evidence and be represented by counsel at any hearing on such claim. The decision of the board shall be final as to all ques- tions of fact and, except as provided in section twenty-three of this chapter, as to all questions of law]. Every decision [of the board] shall be complied with in accordance with its terms within ten days thereafter except [in case of appeal] AS PERMITTED BY LAW UPON THE FILING OF A REQUEST FOR REVIEW, and any payments due under such decision shall draw simple interest from thirty days after the making thereof at the rate provided in section five thousand four of the civil practice law and rules. THE CHAIR SHALL ADOPT RULES AND REGULATIONS TO CARRY OUT THE PROVISIONS OF THIS ARTICLE INCLUDING BUT NOT LIMITED TO RESOLUTION S. 6405--B 89 OF CONTESTED CLAIMS AND REQUESTS FOR REVIEW THEREOF, AND PAYMENT OF COSTS FOR RESOLUTION OF DISPUTED CLAIMS BY CARRIERS. THE CHAIR SHALL HAVE AUTHORITY TO PROVIDE FOR ALTERNATIVE DISPUTE RESOLUTION PROCEDURES FOR CLAIMS ARISING UNDER THIS ARTICLE INCLUDING BUT NOT LIMITED TO REFERRAL AND SUBMISSION OF DISPUTED CLAIMS TO MANDATORY ARBITRATION WITH PRIVATE ARBITRATION ASSOCIATIONS, AND ANY DETERMINATION MADE BY ALTERNA- TIVE DISPUTE RESOLUTION SHALL NOT BE REVIEWABLE BY THE BOARD AND THE VENUE FOR ANY APPEAL SHALL BE TO A COURT OF COMPETENT JURISDICTION. S 20. Section 222 of the workers' compensation law, as added by chap- ter 600 of the laws of 1949, is amended to read as follows: S 222. Technical rules of evidence or procedure not required. The [chairman or] CHAIR, the board OR THE CHAIR'S DESIGNEE, in making an investigation or inquiry or conducting a hearing shall not be bound by common law or statutory rules of evidence or by technical or formal rules of procedure, except as provided by this chapter; but may make such investigation or inquiry or conduct such hearing in such manner as to ascertain the substantial rights of the parties. S 21. Sections 223 and 224 of the workers' compensation law are REPEALED. S 22. Section 225 of the workers' compensation law, as added by chap- ter 600 of the laws of 1949, is amended to read as follows: S 225. Fees for representing employees. Claims of attorneys and coun- sellors-at-law for services in connection with any contested claim aris- ing under this article shall not be enforceable unless approved by the board. If so approved, such fee or fees shall become a lien upon the benefits ordered, but shall be paid therefrom only in the manner fixed by the board OR THE ALTERNATIVE DISPUTE RESOLUTION ASSOCIATION. Any other person, firm, corporation, organization, or other association who shall exact or receive any fee or gratuity for any services rendered on behalf of an employee except in an amount SO determined [by the board] shall be guilty of a misdemeanor. Any person, firm, corporation, organ- ization, or association who shall solicit the business [of appearing before the board on behalf] of an employee claiming benefits under this article, or who shall make it a business to solicit employment for a lawyer in connection with any claim for disability OR FAMILY LEAVE bene- fits under this article, or who shall exact or receive any fee or gratu- ity or other charge with respect to the collection of any uncontested claim for disability OR FAMILY LEAVE benefits, shall be guilty of a misdemeanor. S 23. Subdivision 5 of section 226 of the workers' compensation law, as amended by chapter 211 of the laws of 1983, is amended and three new subdivisions 7, 8 and 9 are added to read as follows: 5. No contract of insurance issued by an insurance carrier providing the benefits to be paid under this article shall be cancelled within the time limited in such contract for its expiration unless notice is given as required by this section. When cancellation is due to non-payment of premiums such cancellation shall not be effective until at least ten days after a notice of cancellation of such contract, on a date speci- fied in such notice, shall be filed in the office of the [chairman] CHAIR and also served on the employer. When cancellation is due to any reason other than non-payment of premiums such cancellation shall not be effective until at least thirty days after a notice of cancellation of such contract, on a date specified in such notice, shall be filed in the office of the [chairman] CHAIR and also served on the employer; provided, however, in either case that if insurance with another insur- ance carrier has been obtained which becomes effective prior to the S. 6405--B 90 expiration of the time stated in such notice, the cancellation shall be effective as of the date of such other coverage. Such notice shall be served on the employer [by] AS PRESCRIBED BY THE CHAIR, INCLUDING deliv- ering it to him [or by sending it by certified or registered mail, return receipt requested, addressed to the employer at his or its last known place of business] OR HER BY ELECTRONIC MEANS; provided that, if the employer be a partnership, then such notice may be given to any one of the partners, and if the employer be a corporation then the notice may be given to any agent or officer of the corporation upon whom legal process may be served, provided, however, the right to cancellation of a policy of insurance in the state fund shall be exercised only for nonpayment of premiums or as provided in section ninety-four of this chapter. 7. THE CHAIR MAY REQUIRE BY REGULATION THAT EVERY POLICY OF INSURANCE CONTAIN A PROVISION REQUIRING THAT ALL DISPUTES BE RESOLVED BY MANDATORY ARBITRATION, IN ACCORDANCE WITH SUCH REGULATIONS. 8. PREMIUMS FOR POLICIES PROVIDING DISABILITY OR FAMILY LEAVE BENEFITS IN ACCORDANCE WITH THIS ARTICLE SHALL BE CALCULATED IN ACCORDANCE WITH APPLICABLE PROVISIONS OF THE INSURANCE LAW, INCLUDING SUBSECTION (N) OF SECTION FOUR THOUSAND TWO HUNDRED THIRTY-FIVE OF SUCH LAW. 9. EXCEPT AS SET FORTH IN SUBDIVISION EIGHT OF SECTION TWO HUNDRED ELEVEN OF THIS ARTICLE, EVERY POLICY OF INSURANCE ISSUED PURSUANT TO THIS ARTICLE MUST OFFER COVERAGE FOR BOTH DISABILITY AND FAMILY LEAVE BENEFITS. S 24. The section heading of section 227 of the workers' compensation law, as amended by chapter 805 of the laws of 1984, is amended to read as follows: Actionable injuries IN CLAIMS FOR DISABILITY BENEFITS; subrogation. S 25. Subdivision 1 of section 228 of the workers' compensation law, as added by section 27 of part GG of chapter 57 of the laws of 2013, is amended to read as follows: 1. The estimated annual expenses necessary for the workers' compen- sation board OR DEPARTMENT OF FINANCIAL SERVICES to administer the provisions of the disability AND FAMILY LEAVE benefits law shall be borne by all affected employers and included as part of the assessment rate generated pursuant to subdivision two of section one hundred fifty-one of this chapter. S 26. Section 229 of the workers' compensation law, as amended by chapter 271 of the laws of 1985, is amended to read as follows: S 229. Posting of notice and providing of notice of rights. 1. Each covered employer shall post and maintain in a conspicuous place or plac- es in and about the employer's place or places of business typewritten or printed notices in form prescribed by the [chairman] CHAIR, stating that the employer has provided for the payment of disability AND FAMILY LEAVE benefits as required by this article. The [chairman] CHAIR may require any covered employer to furnish a written statement at any time showing the carrier insuring the payment of benefits under this article or the manner in which such employer has complied with section two hundred eleven OF THIS ARTICLE or any other provision of this article. Failure for a period of ten days to furnish such written statement shall constitute presumptive evidence that such employer has neglected or failed in respect of any of the matters so required. 2. Whenever an employee of a covered employer who is eligible for benefits under section two hundred four of this article shall be absent from work due to a disability OR TO PROVIDE FAMILY CARE as defined in subdivision nine AND SUBDIVISION TWENTY-FIVE RESPECTIVELY, of section S. 6405--B 91 two hundred one of this article for more than seven consecutive days, the employer shall provide the employee with a written statement of the employee's rights under this article in a form prescribed by the [chair- man] CHAIR. The statement shall be provided to the employee within five business days after the employee's seventh consecutive day of absence due to disability OR FAMILY LEAVE or within five business days after the employer [knows or should know] HAS RECEIVED NOTICE that the employee's absence is due to disability OR FAMILY LEAVE, whichever is later. S 27. Section 232 of the workers' compensation law, as amended by chapter 270 of the laws of 1990, is amended to read as follows: S 232. Fees FOR TESTIMONY of [physicians, podiatrists, chiropractors, dentists and psychologists] HEALTH CARE PROVIDERS. Whenever his or her attendance at a hearing, DEPOSITION OR ARBITRATION before the board or [its referees] THE CHAIR'S DESIGNEE is required, the attending [physi- cian or attending podiatrist or attending chiropractor or attending dentist or attending psychologist or attending certified nurse midwife of the disabled employee, except such physicians as are disqualified from testifying pursuant to subdivision one of section thirteen-b, or section nineteen-a of this chapter, and except such podiatrists as are disqualified from testifying under the provisions of section thirteen-k, and except such chiropractors as are disqualified from testifying under the provisions of section thirteen-l, and except such psychologists as are disqualified from testifying under the provisions of section thir- teen-m,] HEALTH CARE PROVIDER shall be entitled to receive a fee [from the carrier or the fund established under section two hundred fourteen, in an amount as directed and fixed by the board, or its referees, and such fee shall be in addition to any witness fee] IN ACCORDANCE WITH REGULATIONS OF THE CHAIR. S 28. Section 237 of the workers' compensation law, as added by chap- ter 600 of the laws of 1949, is amended to read as follows: S 237. Reimbursement for advance payments by employers. If an employer has made advance payments of benefits or has made payments to an employ- ee in like manner as wages during any period of disability OR FAMILY LEAVE for which such employee is entitled to the benefits provided by this article, he OR SHE shall be entitled to be reimbursed by the carri- er out of any benefits due or to become due for the existing disability OR FAMILY LEAVE, if THE claim for reimbursement is filed with the carri- er prior to payment of the benefits BY THE CARRIER. S 29. Section 238 of the workers' compensation law, as added by chap- ter 600 of the laws of 1949, is amended to read as follows: S 238. Payments to minors. Minors shall be deemed to be sui juris for the purpose of [receiving] payment of benefits under this article. S 30. Section 239 of the workers' compensation law, as added by chap- ter 600 of the laws of 1949, is amended to read as follows: S 239. Representation before the board. Any person, firm, or corpo- ration licensed by the board under section twenty-four-a OF THIS ARTICLE or subdivision three-b of section fifty OF THIS CHAPTER shall be deemed to be authorized to appear in behalf of claimants or self insured employers, as the case may be, in contested disability OR FAMILY LEAVE claims under this article. S 31. The section heading and the opening paragraph of section 120 of the workers' compensation law, as amended by chapter 61 of the laws of 1989, are amended to read as follows: Discrimination against employees [who bring proceedings]. It shall be unlawful for any employer or his or her duly authorized agent to discharge OR FAIL TO REINSTATE PURSUANT TO SECTION TWO HUNDRED THREE-B S. 6405--B 92 OF THIS CHAPTER, or in any other manner discriminate against an employee as to his or her employment because such employee has claimed or attempted to claim compensation from such employer, OR CLAIMED OR ATTEMPTED TO CLAIM ANY BENEFITS PROVIDED UNDER THIS CHAPTER or because he or she has testified or is about to testify in a proceeding under this chapter and no other valid reason is shown to exist for such action by the employer. S 32. Subdivision 2 of section 76 of the workers' compensation law, as added by chapter 600 of the laws of 1949, is amended to read as follows: 2. The purposes of the state insurance fund herein created are hereby enlarged to provide [for the] insurance [by the state insurance fund of] FOR the payment of the benefits required by section two hundred four of this chapter INCLUDING BENEFITS FOR FAMILY CARE. A separate fund is hereby created within the state insurance fund, which shall be known as the "disability benefits fund", and which shall consist of all premiums received and paid into said fund on account of such insurance, all secu- rities acquired by and through the use of moneys belonging to said fund and of interest earned upon moneys belonging to said fund and deposited or invested as herein provided. Said disability benefits fund shall be applicable to the payment of benefits, expenses and assessments on account of insurance written pursuant to article nine of this chapter. PREMIUMS FOR POLICIES PROVIDING DISABILITY AND FAMILY LEAVE BENEFITS IN ACCORDANCE WITH THIS ARTICLE SHALL BE CALCULATED IN ACCORDANCE WITH APPLICABLE PROVISIONS OF THE INSURANCE LAW, INCLUDING SUBSECTION (N) OF SECTION FOUR THOUSAND TWO HUNDRED THIRTY-FIVE OF SUCH LAW. THE STATE INSURANCE FUND SHALL HAVE AUTHORITY TO DISCOUNT OR SURCHARGE ON ESTAB- LISHED PREMIUM RATES BASED ON SOUND ACTUARIAL PRINCIPLES. S 33. Section 88-c of the workers' compensation law, as added by chap- ter 103 of the laws of 1981, is amended to read as follows: S 88-c. Coverage of state employees. Notwithstanding any other provisions of law to the contrary AND EXCEPT AS SET FORTH IN SECTION TWO HUNDRED AND TWELVE-A OF THIS CHAPTER, the liability of the state for the payment of compensation under this chapter heretofore existing or here- inafter arising shall be secured by an insuring agreement to be entered into between the department of civil service and the state insurance fund wherein the state, from moneys appropriated therefor, shall pay in advance to the fund on a periodic basis the actual costs to the fund for the meeting and paying, as the same become due and payable, all obli- gations incurred under this chapter by the state as an employer. Notwithstanding any law to the contrary, the fund may on an actuarially sound basis provide to the state insurance for any portion of the obli- gations of the state as employer under this chapter with respect to injuries or deaths resulting from accidents arising out of and in the course of employment on or after April first, nineteen hundred eighty- one. All such payments made by the state and paid into the state fund shall constitute a separate account in the fund to be used solely for the purpose of discharging all compensation obligations of the state pursuant to the provisions of this chapter and in accordance with the insuring agreement as provided in this section. Any portion of the account may be invested in the same manner as the assets of the fund as provided in section eighty-seven of this article. The liability of the fund for the payment of any claims or the meeting of any obligations of the state as an employer as provided in this chapter shall not exceed the moneys paid into such separate account and any increments or diminu- tions thereof. The agreement shall further provide that the fund shall render all services and make all reasonable expenditures necessary or S. 6405--B 93 required for the processing, defense and payment of all claims under this chapter, including the protection of liens, subrogation, credit and other rights of the state as an employer or the fund as an insurer, in situations where the employees' injuries or deaths were caused by culpa- bility of third parties. Except to the extent that the state obtains insurance on an actuarially sound basis pursuant to the provisions of this section, the provisions of section eighty-six of this chapter with respect to the maintenance of reserves for the purpose of meeting antic- ipated compensation losses, shall not in any manner be applicable to claims of employees of the state with respect to injuries or deaths resulting from accidents arising out of and in the course of employment prior to April first, nineteen hundred eighty-one, or to an insuring agreement entered into between the state insurance fund and the depart- ment of civil service in accordance with the provisions of this section. S 34. Subdivision 1 of section 141-a of the workers' compensation law, as added by chapter 6 of the laws of 2007, is amended to read as follows: 1. To investigate violations of sections fifty-two [and], one hundred thirty-one AND TWO HUNDRED THIRTEEN of this chapter, the chair or his or her designees shall have the power to: (a) Enter and inspect any place of business at any reasonable time for the purpose of investigating employer compliance. (b) Examine and copy business records. (c) Administer oaths and affirmations. (d) Issue and serve subpoenas for attendance of witnesses or production of business records, books, papers, correspondence, memoran- da, and other records. Such subpoenas may be served without the state on any defendant over whom a New York court would have personal jurisdic- tion under the civil practice law and rules as to the subject matter under investigation, provided the information or testimony sought bears a reasonable relationship to the subject matter under investigation. S 35. Section 318 of the workers' compensation law, as added by chap- ter 788 of the laws of 1951, is amended to read as follows: S 318. Rules of evidence; modification of board decisions or orders; appeals. The provisions of [sections] SECTION two hundred twenty-two [, two hundred twenty-three and two hundred twenty-four] OF THIS CHAPTER are made applicable to claims for compensation under this article. S 36. Paragraph 3 of subsection (a) of section 1113 of the insurance law is amended to read as follows: (3) "Accident and health insurance," means (i) insurance against death or personal injury by accident or by any specified kind or kinds of accident and insurance against sickness, ailment or bodily injury, including insurance providing disability AND FAMILY LEAVE benefits pursuant to article nine of the workers' compensation law, except as specified in item (ii) hereof; and (ii) non-cancellable disability insurance, meaning insurance against disability resulting from sickness, ailment or bodily injury (but excluding insurance solely against acci- dental injury) under any contract which does not give the insurer the option to cancel or otherwise terminate the contract at or after one year from its effective date or renewal date. S 37. Paragraphs 1 and 4 of subsection (h) of section 4235 of the insurance law are amended and a new subsection (n) is to added read as follows: (1) Each domestic insurer and each foreign or alien insurer doing business in this state shall file with the superintendent its schedules of premium rates, rules and classification of risks for use in S. 6405--B 94 connection with the issuance of its policies of group accident, group health or group accident and health insurance, and of its rates of commissions, compensation or other fees or allowances to agents and brokers pertaining to the solicitation or sale of such insurance and of such fees or allowances, exclusive of amounts payable to persons who are in the regular employ of the insurer, other than as agent or broker to any individuals, firms or corporations pertaining to such class of busi- ness, whether transacted within or without the state. A GROUP ACCIDENT AND HEALTH INSURANCE POLICY PROVIDING DISABILITY AND FAMILY LEAVE BENE- FITS PURSUANT TO ARTICLE NINE OF THE WORKERS' COMPENSATION LAW SHALL BE SUBJECT TO THE REQUIREMENTS OF SUBSECTION (N) OF THIS SECTION. (4) Nothing herein shall prohibit the state insurance fund from taking into account peculiar hazards of individual risks in establishing higher premium rates to be charged for insurance providing for the payment of disability [or] AND FAMILY LEAVE benefits in accordance with article nine of the workers' compensation law. (N)(1) ON OR BEFORE JUNE FIRST, TWO THOUSAND SEVENTEEN, THE SUPER- INTENDENT OF FINANCIAL SERVICES BY REGULATION, IN CONSULTATION WITH THE CHAIR OF THE WORKERS' COMPENSATION BOARD OF THIS STATE, SHALL DETERMINE WHETHER A GROUP ACCIDENT AND HEALTH INSURANCE POLICY PROVIDING DISABILI- TY OR FAMILY LEAVE BENEFITS PURSUANT TO ARTICLE 9 OF THE WORKERS' COMPENSATION LAW, INCLUDING POLICIES ISSUED BY THE STATE INSURANCE FUND, SHALL BE EXPERIENCE RATED OR COMMUNITY RATED, WHICH MAY INCLUDE SUBJECT- ING THE POLICY TO A RISK ADJUSTMENT MECHANISM. (2) IF THE POLICY IS SUBJECTED TO A RISK ADJUSTMENT MECHANISM, THE SUPERINTENDENT OF FINANCIAL SERVICES SHALL PROMULGATE REGULATIONS NECES- SARY FOR THE IMPLEMENTATION OF THIS SUBSECTION IN CONSULTATION WITH THE CHAIR OF THE WORKERS' COMPENSATION BOARD OF THIS STATE. ANY SUCH RISK ADJUSTMENT MECHANISM SHALL BE ADMINISTERED DIRECTLY BY THE SUPERINTEN- DENT OF FINANCIAL SERVICES OF THIS STATE, IN CONSULTATION WITH THE CHAIR OF THE WORKERS' COMPENSATION BOARD OF THIS STATE, OR BY A THIRD PARTY VENDOR SELECTED BY THE SUPERINTENDENT OF FINANCIAL SERVICES IN CONSULTA- TION WITH THE CHAIR OF THE WORKERS' COMPENSATION BOARD. (3) "RISK ADJUSTMENT MECHANISM" AS USED IN THIS SUBSECTION MEANS THE PROCESS USED TO EQUALIZE THE PER MEMBER PER MONTH CLAIM AMOUNTS AMONG INSURERS IN ORDER TO PROTECT INSURERS FROM DISPROPORTIONATE ADVERSE RISKS. S 38. Subdivision (c) of section 1108 of the insurance law, as amended by chapter 838 of the laws of 1985, is amended to read as follows: (c) The state insurance fund of this state, except as to the provisions of subsection (d) of section two thousand three hundred thir- ty-nine, section three thousand one hundred ten, subsection (a), para- graph one of subsection (b), paragraph three of subsection (c) and subsection (d) of section three thousand two hundred one, sections three thousand two hundred two, three thousand two hundred four, subsections (a) through (d) of section three thousand two hundred twenty-one, subsections (b) and (c) of section four thousand two hundred twenty- four, section four thousand two hundred twenty-six and subsections (a) and (b) [and], (g) through (j), AND (N) of section four thousand two hundred thirty-five of this chapter and except as otherwise specifically provided by the laws of this state. S 39. Section 242 of the workers' compensation law, as added by chap- ter 600 of the laws of 1949, is amended to read as follows: S 242. Separability of provisions; FEDERAL LAW; REGULATIONS. 1. If any provision of this [act] ARTICLE or the application thereof to any person or circumstances is held invalid, the remainder of this [act] S. 6405--B 95 ARTICLE and the application of such provision to other persons or circumstances shall not be affected thereby. 2. NOTHING IN THIS ARTICLE SHALL BE INTERPRETED OR APPLIED SO AS TO CREATE A CONFLICT WITH FEDERAL LAW. 3. THE CHAIR SHALL HAVE AUTHORITY TO ADOPT REGULATIONS TO EFFECTUATE ANY OF THE PROVISIONS OF THIS ARTICLE. S 40. This act shall take effect April 1, 2016 and shall apply to all policies or contracts issued, renewed, modified, altered or amended on or after such effective date; provided, however, that effective imme- diately, the addition, amendment and/or repeal of any rule or regulation necessary for the implementation of this act on its effective date are authorized and directed to be made and completed on or before such effective date. PART I Intentionally Omitted PART J Intentionally Omitted PART K Intentionally Omitted PART L Section 1. Paragraph (d) of subdivision 4 of section 209 of the civil service law, as amended by chapter 67 of the laws of 2013, is amended to read as follows: (d) The provisions of this subdivision shall expire [thirty-nine years from July first, nineteen hundred seventy-seven, and hereafter may be renewed every four years] JULY FIRST, TWO THOUSAND NINETEEN. S 2. Paragraph (f) of subdivision 6 of section 209 of the civil service law, as added by chapter 67 of the laws of 2013, is amended to read as follows: (f) The provisions of this subdivision shall expire [three years from] July first, two thousand [thirteen] NINETEEN. S 3. This act shall take effect immediately. PART M Section 1. The opening paragraph of subdivision 3 of section 93-b of the state finance law, as added by section 1 of part H of chapter 60 of the laws of 2015, is amended to read as follows: Notwithstanding any other provisions of law to the contrary, for the state fiscal year commencing on April first, two thousand [fifteen] SIXTEEN, 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 comp- troller is only authorized to transfer monies from the dedicated infras- tructure investment fund to the general fund in the event of an economic downturn as described in paragraph (a) of this subdivision; and/or to S. 6405--B 96 fulfill disallowances and/or settlements related to over-payments of 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 (b) of this subdivision. S 2. This act shall take effect immediately. PART N Intentionally Omitted PART O Intentionally Omitted PART P Intentionally omitted PART Q Section 1. Section 1000 of the retirement and social security law, as added by chapter 548 of the laws of 2000, subdivision 9 as added by chapter 547 of the laws of 2002 and subdivision 10 as added by chapter 18 of the laws of 2012, is amended to read as follows: S 1000. Military service credit. Notwithstanding any law to the contrary, a member of a public retirement system of the state, as defined in subdivision twenty-three of section five hundred one of this chapter, shall be eligible for credit for military service as hereinaft- er provided: 1. A member, upon application to such retirement system, may obtain a total not to exceed three years of service credit for up to three years of military duty, as defined in section two hundred forty-three of the military law, if the member was honorably discharged from the military [and all or part of such military service was rendered during the following periods: (a) commencing December seventh, nineteen hundred forty-one and terminating December thirty-first, nineteen hundred forty-six; (b) commencing June twenty-seventh, nineteen hundred fifty and terminating January thirty-first, nineteen hundred fifty-five; or (c) commencing February twenty-eighth, nineteen hundred sixty-one and terminating May seventh, nineteen hundred seventy-five; 2. A member, upon application to such retirement system, may obtain a total not to exceed three years of service credit for up to three years of military duty, as defined in section two hundred forty-three of the military law, if honorably discharged therefrom, if all or part of such services was rendered in the military conflicts referenced below, as follows: (a) hostilities participated in by the military forces of the United States in Lebanon, from the first day of June, nineteen hundred eighty- three to the first day of December, nineteen hundred eighty-seven, as established by receipt of the armed forces expeditionary medal, the navy expeditionary medal, or the marine corps expeditionary medal; (b) hostilities participated in by the military forces of the United States in Grenada, from the twenty-third day of October, nineteen hundred eighty-three to the twenty-first day of November, nineteen hundred eighty-three, as established by receipt of the armed forces S. 6405--B 97 expeditionary medal, the navy expeditionary medal, or the marine corps expeditionary medal; (c) hostilities participated in by the military forces of the United States in Panama, from the twentieth day of December, nineteen hundred eighty-nine to the thirty-first day of January, nineteen hundred ninety, as established by receipt of the armed forces expeditionary medal, the navy expeditionary medal, or the marine corps expeditionary medal; or (d) hostilities participated in by the military forces of the United States, from the second day of August, nineteen hundred ninety, to the end of such hostilities in case of a veteran who served in the theater of operations including Iraq, Kuwait, Saudi Arabia, Bahrain, Qatar, the United Arab Emirates, Oman, the Gulf of Aden, the Gulf of Oman, the Persian Gulf, the Red Sea, and the airspace above these locations]. [3] 2. A member must have at least five years of credited service (not including service granted hereunder) to be eligible to receive credit under this section. [4] 3. To obtain such credit, a member shall pay such retirement system, for deposit in the fund used to accumulate employer contrib- utions, a sum equal to the product of the number of years of military service being claimed and three percent of such member's compensation earned during the twelve months of credited service immediately preced- ing the date that the member made application for credit pursuant to this section. If permitted by rule or regulation of the applicable retirement system, the member may pay such member costs by payroll deduction for a period which shall not exceed the time period of mili- tary service to be credited pursuant to this section. In the event the member leaves the employer payroll prior to completion of payment, he or she shall forward all remaining required payments to the appropriate retirement system prior to the effective date of retirement. If the full amount of such member costs is not paid to the appropriate retirement system prior to the member's retirement, the amount of service credited shall be proportional to the total amount of the payments made prior to retirement. [5] 4. In no event shall the credit granted pursuant to this section, when added to credit granted for military service with any retirement system of this state pursuant to this or any other provision of law, exceed a total of three years. [6] 5. To be eligible to receive credit for military service under this section, a member must make application for such credit before the effective date of retirement. [Notwithstanding the foregoing provisions of this subdivision, an individual who retired on or after December twenty-first, nineteen hundred ninety-eight and before the effective date of this section may make application for credit pursuant to this section within one year following the effective date of this section, in which event, the cost to the retiree would be based on the twelve month period immediately preceding retirement.] [7] 6. All costs for service credited to a member pursuant to this section, other than the member costs set forth in subdivision three of this section, shall be paid by the state and all employers which partic- ipate in the retirement system in which such member is granted credit. [8] 7. A member who has purchased military service credit pursuant to section two hundred forty-four-a of the military law shall be entitled to a refund of the difference between the amount paid by the member for such purchase and the amount that would be payable if service had been purchased pursuant to this section. S. 6405--B 98 [9] 8. Notwithstanding any other provision of law, in the event of death prior to retirement, amounts paid by the member for the purchase of military service credit pursuant to this section shall be refunded, with interest, to the extent the military service purchased with such amounts does not produce a greater death benefit than would have been payable had the member not purchased such credit. Notwithstanding any other provision of law, in the event of retire- ment, amounts paid by the member for the purchase of military service credit pursuant to this section shall be refunded, with interest, to the extent the military service purchased with such amounts does not produce a greater retirement allowance than would have been payable had the member not purchased such credit. [10.] 9. Anything to the contrary in subdivision [four] THREE of this section notwithstanding, to obtain such credit, a member who first joins a public retirement system of the state on or after April first, two thousand twelve shall pay such retirement system, for deposit in the fund used to accumulate employer contributions, a sum equal to the prod- uct of the number of years of military service being claimed and six percent of such member's compensation earned during the twelve months of credited service immediately preceding the date that the member made application for credit pursuant to this section. S 2. The sum of twenty-four million eight hundred thousand dollars ($24,800,000), or so much thereof as may be necessary, is hereby appro- priated to the department of audit and control out of any moneys in the state treasury in the general fund to the credit of the state purposes account, not otherwise appropriated, and made immediately available, for the purpose of carrying out the provisions of this act. Such moneys shall be payable on the audit and warrant of the comptroller on vouchers certified or approved by the head of the appropriate public retirement system in the manner prescribed by law. S 3. This act shall take effect immediately. FISCAL NOTE.-- Pursuant to Legislative Law, Section 50: This bill would allow up to three (3) years of service credit for military duty by removing all existing requirements that such military service be performed during certain war periods, during certain hostil- ities while in the theater of operations or upon receipt of an expedi- tionary medal. However, the total service credit granted for active and peacetime military service shall not exceed three (3) years. Members must have at least five years of credited service (not including mili- tary service). Tier 1-5 members would be required to make a payment of three percent of their most recent compensation per year of additional service credit granted by this bill. Tier 6 members would be required to make a payment of six percent of their most recent compensation per year of additional service credit. If this bill is enacted, insofar as this proposal affects the New York State and Local Employees' Retirement System (ERS), it is estimated that the past service cost will average approximately 15% (12% for Tier 6) of an affected members' compensation for each year of additional service credit that is purchased. Insofar as this proposal affects the New York State and Local Police and Fire Retirement System (PFRS), it is estimated that the past service cost will average approximately 19% (16% for Tier 6) of an affected members' compensation for each year of additional service that is purchased. The exact number of current members as well as future members who could be affected by this legislation cannot be readily determined. S. 6405--B 99 ERS costs would be borne entirely by the State of New York. Since a member can apply for this service credit at any time prior to retire- ment, a precise cost can't be determined until each member, as well as future members, applies for the service credit. Every year a cost will be determined (and billed to the state) based on those benefiting from this provision. PFRS costs would be shared by the State of New York and the partic- ipating employers in the PFRS. 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, 2015 actuarial valu- ation. Distributions and other statistics can be found in the 2015 Report of the Actuary and the 2015 Comprehensive Annual Financial Report. The actuarial assumptions and methods used are described in the 2015 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, 2015 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 14, 2016 and intended for use only during the 2016 Legislative Session, is Fiscal Note No. 2016-25, prepared by the Actuary for the New York State and Local Retirement System. FISCAL NOTE.-- Pursuant to Legislative Law, Section 50: With respect to certain New York City Retirement Systems (NYCRS), this proposed legislation would amend New York State Retirement and Social Security Law (RSSL) Section 1000 to provide certain members of the New York City Employees' Retirement System (NYCERS), the New York City Teachers' Retirement System (NYCTRS), the New York City Board of Educa- tion Retirement System (BERS), the New York City Police Pension Fund (POLICE) and the New York Fire Department Pension Fund (FIRE), collec- tively, the New York City Retirement Systems (NYCRS), the opportunity to obtain additional retirement service credits for certain Military Service. This proposed legislation would permit any NYCRS member, prior to the effective date of retirement, to make application for these additional service credits. To obtain such Military Service credits, members would be required to pay to the appropriate NYCRS, for each year of Military Service purchased, a sum equal to 3.0% (6.0% for members who first join on and after April 1, 2012) of such member's compensation earned during the twelve months of credited service immediately preceding the date that the member makes application for credit. MEMBERS IMPACTED: Insofar as this proposed legislation relates to the NYCRS, the number of members who could potentially benefit from this proposed legislation cannot be readily determined. IMPACT ON BENEFITS: With respect to the NYCRS, a member who served in the U.S. military and received an honorable discharge would be permit- ted, after completing five years of credited service (exclusive of the service credit that could be purchased under this proposed legislation), to purchase a maximum of three years of Military Service (inclusive of any prior purchases of Military Service credit). In order to purchase the Military Service credits provided in this proposed legislation, a member must have been honorably discharged S. 6405--B 100 following a period of "military duty" as defined in New York State Mili- tary Law Section 243. If a member's Military Service meets these conditions, then that member would be permitted to purchase a maximum of three years of Mili- tary Service (inclusive of any previously-received Military Service credit) attributable to any period of the member's military career. For purposes of the respective NYCRS, each year of Military Service credit purchased would apply toward providing the member with a year of benefit accrual under the particular benefit formula covering the member. In certain circumstances, the member also may be entitled to utilize such Military Service as qualifying service for benefit eligibility purposes. For purposes of this Fiscal Note, it has been assumed that members who purchase Military Service in accordance with this proposed legislation would generally be entitled to count such service for benefit accrual purposes and for the purpose of qualifying for benefits. FINANCIAL IMPACT - OVERVIEW: With respect to an individual member, the additional cost of this proposed legislation would depend on the length of all New York City service, age, salary history and Plan in which the member participates, as well as the number of years of service credit purchased. With respect to employers participating in the NYCRS, the ultimate employer cost of this proposed legislation would be determined by the increase in benefits to be paid, the impact of certain benefits commenc- ing earlier and the reduction in certain future member contributions. FINANCIAL IMPACT - ACTUARIAL PRESENT VALUES: The additional Actuarial Present Value (APV) of benefits would depend on the number, salaries, ages and lengths of Military Service purchased by members who would be affected by this proposed legislation. With respect to the NYCRS and based on the census data and assumptions herein, the enactment of this proposed legislation would increase the Actuarial Present Value (APV) of benefits (APVB) by approximately $147.1 million of June 30, 2016. In addition, with respect to the NYCRS, the APV of future member contributions (primarily attributable to the payments by members of 3.0% (6.0% for members who first join on and after April 1, 2012) of salary per year of Military Service purchased) would increase by approximately $22.2 million when measured as of June 30, 2016. Consequently, with respect to the NYCRS, the APV of net future employ- er contributions would increase by approximately $124.9 million as of June 30, 2016. FINANCIAL IMPACT - ANNUAL EMPLOYER COSTS: The ultimate cost of a pension plan is the benefits it pays. With respect to the NYCRS, the financing of that ultimate cost depends upon the census data used and the actuarial assumptions and methods employed. Assuming that all eligi- ble members were to purchase the eligible Military Service during Fiscal Year 2016 and based on the Actuary's actuarial assumptions and methods in effect as of June 30, 2015, the enactment of this proposed legis- lation would increase annual employer costs by approximately $14.8 million per year. FINANCIAL IMPACT - EMPLOYER CONTRIBUTIONS: The impact of the proposed legislation on employer contributions would be a function of the census data (i.e., age/service/salary, etc.) reported to the Actuary and of the timing of the members electing to buy back their Military Service. S. 6405--B 101 With respect to the NYCRS, based on the Actuary's actuarial assump- tions and methods in effect as of June 30, 2015, the enactment of this proposed legislation would ultimately increase employer contributions by approximately the estimated additional annual employer costs. If applications for buying back Military Service were completed during Fiscal Year 2016 and the NYCRS census data were updated to reflect this information by June 30, 2016, then employer contributions would first be impacted for Fiscal Year 2018. If the Military Service buybacks were completed after Fiscal Year 2016, then the increase in employer contributions would first occur after Fiscal Year 2018. FINANCIAL IMPACT - SUMMARY: The following table summarizes the esti- mated financial impact of this proposed legislation on the NYCRS. Estimated Financial Impact to Allow Members of the NYCRS To Purchase up to Three Years of Military Service Credit ($ Millions) Retirement Additional Additional Estimated System APV of APV of Future First Year Benefits Employer Additional Contributions{1} Employer Costs{2} NYCERS $51.0 $42.9 $5.1 NYCTRS 15.6 12.8 1.5 BERS 2.2 1.9 0.2 POLICE 61.8 53.0 6.3 FIRE 16.5 14.3 1.7 TOTAL $147.1 124.9 $14.8 {1} Equals increase in APVB minus increase in APV of future member contributions. {2} Estimated Additional Employer Costs are determined without regard to the funded status of the Retirement Systems and represent the best estimates of the ultimate annual financial burden of the proposed legis- lation. Estimated Additional Employer Contributions would ultimately approximate Estimated Additional Employer Costs. ADDITIONAL EMPLOYER COSTS - GENERAL: In general, the real cost of the enactment of this proposed legislation would be the additional benefits paid. This Fiscal Note does not include analyses of the impact of this proposed legislation on the expected increases in administrative costs or costs for Other Post-Employment Benefits (OPEB). CENSUS DATA: The census data used for estimates of APV of benefits and employer contributions presented herein are the active members included in the June 30, 2015 (Lag) actuarial valuations of NYCERS, NYCTRS, BERS, POLICE and FIRE used to determine the Preliminary Fiscal Year 2017 employer contributions. ACTUARIAL ASSUMPTIONS AND METHODS: Additional APV of benefits, of member contributions and of employer contributions have been estimated as of June 30, 2017 using various approximating techniques and assump- tions by the Actuary, including, but not limited to: * A certain percentage of Veterans being honorably discharged. * A certain percentage of honorably discharged Veterans being disa- bled. * Different percentages of members by NYCERS having prior Military Service. * Each eligible member purchasing an average of 2.5 years of the Mili- tary Service. S. 6405--B 102 Changes in employer contributions have been estimated assuming the increase in the APV of Future Employer Contributions would be financed over a time period comparable to that used for actuarial losses under the Entry Age Actuarial Cost Method. Using this approach, the Additional APV of Future Employer Contributions would be amortized over a closed 15-year period (14 payments under One-Year Lag Methodology) using level dollar payments. STATEMENT OF ACTUARIAL OPINION: I, Sherry S. Chan, am the Chief Actu- ary for the New York City Retirement Systems. I am an Associate of the Society of Actuaries, a Fellow of the Conference of Consulting Actuar- ies, and a Member of the American Academy of Actuaries. I meet the Qual- ification Standards of the American Academy of Actuaries to render the actuarial opinion contained herein. FISCAL NOTE IDENTIFICATION: This estimate is intended for use only during the 2016 Legislative Session. It is Fiscal Note 2016-04, dated March 1, 2016, prepared by the Chief Actuary for the New York City Employees' Retirement System, the New York City Teachers' Retirement System, the New York City Board of Education Retirement System, the New York City Police Pension Fund and the New York Fire Department Pension Fund. FISCAL NOTE. -- Pursuant to Legislative Law, Section 50: This bill would amend Section 1000 of the Retirement and Social Secu- rity Law to allow active members of public retirement systems of New York State to claim service credit for up to three years of military service, regardless of when or where it was performed. Currently, active members can receive service credit for military service performed, but only during specified periods of war. A member must have at least five years of credited service to be eligible and make application for such credit before the effective date of retirement. To obtain such credit, a member must make payments as required in Section 1000 of the Retirement and Social Security Law. Tier 1, 2, 3, 4 and 5 members are required to pay three percent of salary earned during the twelve months of credited service immediately preceding the year in which a claim is made for each year of military service. Tier 6 members are required to pay six percent of salary earned during the twelve months of credited service immediate- ly preceding the year in which a claim is made for each year of military service. It is not possible to determine the total annual cost of this bill since the total amount of service credit which would be claimed under this bill cannot be estimated. Pursuant to Section 25 of the Retirement and Social Security Law, the cost to the New York State Teachers' Retirement System (NYSTRS) would be borne by the State of New York and would require an itemized appropriation adequate to pay the cost of this bill. The cost to the State of New York is estimated to be $19,700 per year of service credited for Tier 1, 2, 3, 4 and 5 members and $15,200 per year of service credited for Tier 6 members if this bill is enacted. Each year a cost will be computed and billed to the State of New York for those members of NYSTRS receiving a benefit under this bill. Employee data is from the System's most recent actuarial valuation files, consisting of data provided by the employers to the Retirement System. Data distributions and statistics can be found in the System's Comprehensive Annual Financial Report (CAFR). System assets are as reported in the System's financial statements, and can also be found in the CAFR. Actuarial assumptions and methods are provided in the System's Actuarial Valuation Report. S. 6405--B 103 The source of this estimate is Fiscal Note 2016-8 dated February 3, 2016 prepared by the Actuary of the New York State Teachers' Retirement System and is intended for use only during the 2016 Legislative Session. I, Richard A. Young, am the Actuary for the New York State Teachers' Retirement System. I am a member of the American Academy of Actuaries and I meet the Qualification Standards of the American Academy of Actu- aries to render the actuarial opinion contained herein. PART R Section 1. The correction law is amended by adding a new section 23-a to read as follows: S 23-A. TRANSFER OF PAROLE VIOLATORS. 1. IF ANY PERSON PRESUMPTIVELY RELEASED, PAROLED, CONDITIONALLY RELEASED, RELEASED TO POST-RELEASE SUPERVISION, OR RECEIVED UNDER THE UNIFORM ACT FOR OUT-OF-STATE PAROLEE SUPERVISION SHALL HAVE BEEN ARRESTED FOR VIOLATING ONE OR MORE CONDI- TIONS OF HIS OR HER PRESUMPTIVE RELEASE, PAROLE, CONDITIONAL RELEASE OR POST-RELEASE SUPERVISION, SUCH PERSON, AFTER TEN BUSINESS DAYS IN ANY LOCAL CORRECTIONAL FACILITY, SHALL EITHER BE: A. TRANSFERRED TO A STATE CORRECTIONAL FACILITY, WITH THE COSTS AND RESPONSIBILITIES ASSOCIATED WITH SUCH TRANSFER BORNE BY THE DEPARTMENT PURSUANT TO SECTION SIX HUNDRED TWO OF THIS CHAPTER; OR B. KEPT IN SUCH LOCAL CORRECTIONAL FACILITY, WITH THE COUNTY'S COSTS OF SUCH TEMPORARY DETAINMENT REIMBURSED BY THE DEPARTMENT WHERE SUCH PERSON HAS BEEN CONVICTED OF A PAROLE VIOLATION AND A SENTENCE HAS BEEN PRONOUNCED WHICH REQUIRES THAT HE OR SHE BE COMMITTED TO THE CUSTODY OF THE COMMISSIONER. 2. THE PROVISIONS OF SUBDIVISION ONE OF THIS SECTION SHALL NOT APPLY IN ANY CITY HAVING A POPULATION OF ONE MILLION OR MORE INHABITANTS, OR IF THE APPROPRIATE COURT GRANTS AN EXTENSION AUTHORIZING THE DETAINEE TO REMAIN IN THE LOCAL CORRECTIONAL FACILITY FOR UP TO TWENTY DAYS PER EXTENSION. S 2. This act shall take effect on the one hundred twentieth day after it shall have become a law. Effective immediately, the addition, amend- ment and/or repeal of any rule or regulation necessary for the implemen- tation of this act on its effective date is authorized to be made on or before such date. PART S Section 1. Section 10 of the correction law is amended by adding a new subdivision 5 to read as follows: 5. DUTIES TO BE PERFORMED EXCLUSIVELY BY GRADE TWENTY-ONE PAROLE OFFI- CERS SHALL INCLUDE, BUT NOT BE LIMITED TO: EXECUTING PAROLE WARRANTS, TRANSPORTING PAROLEES, CONDUCTING SUBSTANCE ABUSE TESTING OF PAROLEES, CONDUCTING HOME OR FIELD VISITS WITH PAROLEES, CONDUCTING ANY INVESTI- GATION RELATING TO PAROLEES VIOLATING THE TERMS AND CONDITIONS OF THEIR RELEASE, OR ANY MATTER SPECIFICALLY RELATED TO PAROLEE SUPERVISION. S 2. This act shall take effect immediately. PART T Section 1. Subparagraph (iv) of paragraph (c) of subdivision 1 and subparagraph (v) of paragraph (b) of subdivision 3 of section 270.00 of the penal law, as added by chapter 477 of the laws of 2014, are amended to read as follows: S. 6405--B 104 (iv) except in cities with a population of one million or more, [in those counties and cities that opt by local law pursuant to paragraph (b) of subdivision five of section 405.00 of this chapter,] "fireworks" and "dangerous fireworks" shall not be deemed to include "sparkling devices" as defined in subparagraph (vi) of paragraph (a) of this subdi- vision. (v) except in cities with a population of one million or more, possession of sparkling devices lawfully obtained in [a jurisdiction that did opt by local law pursuant to paragraph (b) of subdivision five of section 405.00 of this chapter to exclude "sparkling devices" from the definitions of "fireworks" and "dangerous fireworks", for the purpose of lawful use in another jurisdiction that did opt by local law pursuant to paragraph (b) of subdivision five of section 405.00 of this chapter to exclude "sparkling devices" from the definitions of "fire- works" and "dangerous fireworks". The superintendent of state police shall annually publish a list of those jurisdictions that have opted by local law pursuant to paragraph (b) of subdivision five of section 405.00 of this chapter to exclude "sparkling devices" from the defi- nitions of "fireworks" and "dangerous fireworks"] ANOTHER JURISDICTION WITHIN THE STATE. S 2. Paragraph (b) of subdivision 5 of section 405.00 of the penal law, as added by chapter 477 of the laws of 2014, is amended to read as follows: (b) [Further, no city or county shall be bound to include "sparkling device" in the definitions of "fireworks" and "dangerous fireworks" in section 270.00 of this chapter, if such city or county shall so author- ize the exemption of "sparkling device" by law. If any such city or county so elects, it] A CITY OR COUNTY and such other local jurisdic- tions that lie within its geographical boundaries shall not enact any [other] local law that is inconsistent with the provisions of subpara- graph (iv) of paragraph (c) of subdivision one of section 270.00 of this chapter, nor [to] regulate sparkling devices in a manner that is in conflict with the provisions of NFPA 1124, 2006 edition. S 3. This act shall take effect immediately. PART U Section 1. Section 10.00 of the penal law is amended by adding a new subdivision 22 to read as follows: 22. "MEMBER OF THE MILITARY OR RESERVES" MEANS (A) A MEMBER OF THE UNITED STATES ARMY, NAVY, AIR FORCE, MARINES, COAST GUARD, ARMY NATIONAL GUARD, AIR NATIONAL GUARD AND/OR RESERVES THEREOF OR (B) A MEMBER OF THE NEW YORK GUARD OR THE NEW YORK NAVAL MILITIA. S 2. Section 120.08 of the penal law, as added by chapter 632 of the laws of 1996, is amended to read as follows: S 120.08 Assault on a peace officer, police officer, fireman [or], emer- gency medical services professional OR A MEMBER OF THE MILI- TARY OR RESERVES. A person is guilty of assault on a peace officer, police officer, fireman [or], emergency medical services professional OR A MEMBER OF THE MILITARY OR RESERVES when, with intent to prevent a peace officer, police officer, a fireman, including a fireman acting as a paramedic or emergency medical technician administering first aid in the course of performance of duty as such fireman, [or] an emergency medical service paramedic or emergency medical service technician, OR A MEMBER OF THE MILITARY OR RESERVES, from performing a lawful duty, he causes serious S. 6405--B 105 physical injury to such peace officer, police officer, fireman, paramed- ic [or], technician OR A MEMBER OF THE MILITARY OR RESERVES. Assault on a peace officer, police officer, fireman [or], emergency medical services professional OR A MEMBER OF THE MILITARY OR RESERVES is a class C felony. S 3. Section 125.27 of the penal law, as added by chapter 367 of the laws of 1974, subdivision 1 as amended by chapter 1 of the laws of 1995, subparagraph (ii-a) of paragraph (a) of subdivision 1 as added by chap- ter 1 of the laws of 2013, subparagraph (vii) of paragraph (a) of subdi- vision 1 as amended by chapter 264 of the laws of 2003, subparagraph (xii) of paragraph (a) of subdivision 1 as amended and subparagraph (xiii) of paragraph (a) of subdivision 1 as added by chapter 300 of the laws of 2001, is amended to read as follows: S 125.27 Murder in the first degree. A person is guilty of murder in the first degree when: 1. With intent to cause the death of another person, he OR SHE causes the death of such person or of a third person; and (a) Either: (i) the intended victim was a police officer as defined in subdivision [34] THIRTY-FOUR of section 1.20 of the criminal procedure law who was at the time of the killing engaged in the course of performing his OR HER official duties, and the defendant knew or reasonably should have known that the intended victim was a police officer; or (ii) the intended victim was a peace officer as defined in paragraph a of subdivision twenty-one, subdivision twenty-three, twenty-four or sixty-two (employees of the division for youth) of section 2.10 of the criminal procedure law who was at the time of the killing engaged in the course of performing his OR HER official duties, and the defendant knew or reasonably should have known that the intended victim was such a uniformed court officer, parole officer, probation officer, or employee of the division for youth; or (ii-a) the intended victim was a firefighter, emergency medical tech- nician, ambulance driver, paramedic, physician or registered nurse involved in a first response team, or any other individual who, in the course of official duties, performs emergency response activities and was engaged in such activities at the time of killing and the defendant knew or reasonably should have known that the intended victim was such firefighter, emergency medical technician, ambulance driver, paramedic, physician or registered nurse; or (iii) the intended victim was an employee of a state correctional institution or was an employee of a local correctional facility as defined in subdivision two of section forty of the correction law, who was at the time of the killing engaged in the course of performing his OR HER official duties, and the defendant knew or reasonably should have known that the intended victim was an employee of a state correctional institution or a local correctional facility; or (iv) at the time of the commission of the killing, the defendant was confined in a state correctional institution or was otherwise in custody upon a sentence for the term of his OR HER natural life, or upon a sentence commuted to one of natural life, or upon a sentence for an indeterminate term the minimum of which was at least fifteen years and the maximum of which was natural life, or at the time of the commission of the killing, the defendant had escaped from such confinement or custody while serving such a sentence and had not yet been returned to such confinement or custody; or S. 6405--B 106 (v) the intended victim was a witness to a crime committed on a prior occasion and the death was caused for the purpose of preventing the intended victim's testimony in any criminal action or proceeding whether or not such action or proceeding had been commenced, or the intended victim had previously testified in a criminal action or proceeding and the killing was committed for the purpose of exacting retribution for such prior testimony, or the intended victim was an immediate family member of a witness to a crime committed on a prior occasion and the killing was committed for the purpose of preventing or influencing the testimony of such witness, or the intended victim was an immediate fami- ly member of a witness who had previously testified in a criminal action or proceeding and the killing was committed for the purpose of exacting retribution upon such witness for such prior testimony. As used in this subparagraph "immediate family member" means a husband, wife, father, mother, daughter, son, brother, sister, stepparent, grandparent, step- child or grandchild; or (vi) the defendant committed the killing or procured commission of the killing pursuant to an agreement with a person other than the intended victim to commit the same for the receipt, or in expectation of the receipt, of anything of pecuniary value from a party to the agreement or from a person other than the intended victim acting at the direction of a party to such agreement; or (vii) the victim was killed while the defendant was in the course of committing or attempting to commit and in furtherance of robbery, burglary in the first degree or second degree, kidnapping in the first degree, arson in the first degree or second degree, rape in the first degree, criminal sexual act in the first degree, sexual abuse in the first degree, aggravated sexual abuse in the first degree or escape in the first degree, or in the course of and furtherance of immediate flight after committing or attempting to commit any such crime or in the course of and furtherance of immediate flight after attempting to commit the crime of murder in the second degree; provided however, the victim is not a participant in one of the aforementioned crimes and, provided further that, unless the defendant's criminal liability under this subparagraph is based upon the defendant having commanded another person to cause the death of the victim or intended victim pursuant to section 20.00 of this chapter, this subparagraph shall not apply where the defendant's criminal liability is based upon the conduct of another pursuant to section 20.00 of this chapter; or (viii) as part of the same criminal transaction, the defendant, with intent to cause serious physical injury to or the death of an additional person or persons, causes the death of an additional person or persons; provided, however, the victim is not a participant in the criminal tran- saction; or (ix) prior to committing the killing, the defendant had been convicted of murder as defined in this section or section 125.25 of this article, or had been convicted in another jurisdiction of an offense which, if committed in this state, would constitute a violation of either of such sections; or (x) the defendant acted in an especially cruel and wanton manner pursuant to a course of conduct intended to inflict and inflicting torture upon the victim prior to the victim's death. As used in this subparagraph, "torture" means the intentional and depraved infliction of extreme physical pain; "depraved" means the defendant relished the infliction of extreme physical pain upon the victim evidencing debase- S. 6405--B 107 ment or perversion or that the defendant evidenced a sense of pleasure in the infliction of extreme physical pain; or (xi) the defendant intentionally caused the death of two or more addi- tional persons within the state in separate criminal transactions within a period of twenty-four months when committed in a similar fashion or pursuant to a common scheme or plan; or (xii) the intended victim was a judge as defined in subdivision twen- ty-three of section 1.20 of the criminal procedure law and the defendant killed such victim because such victim was, at the time of the killing, a judge; or (xiii) the victim was killed in furtherance of an act of terrorism, as defined in paragraph (b) of subdivision one of section 490.05 of this chapter; [and] OR (XIV) THE INTENDED VICTIM WAS A MEMBER OF THE NEW YORK GUARD OR THE NEW YORK NAVAL MILITIA WHO WAS AT THE TIME OF THE KILLING ENGAGED IN THE COURSE OF PERFORMING HIS OR HER OFFICIAL DUTIES, AND THE DEFENDANT KNEW OR REASONABLY SHOULD HAVE KNOWN THAT THE INTENDED VICTIM WAS A MEMBER OF THE NEW YORK GUARD OR THE NEW YORK NAVAL MILITIA; AND (b) The defendant was more than eighteen years old at the time of the commission of the crime. 2. In any prosecution under subdivision one, it is an affirmative defense that: (a) The defendant acted under the influence of extreme emotional disturbance for which there was a reasonable explanation or excuse, the reasonableness of which is to be determined from the viewpoint of a person in the defendant's situation under the circumstances as the defendant believed them to be. Nothing contained in this paragraph shall constitute a defense to a prosecution for, or preclude a conviction of, manslaughter in the first degree or any other crime except murder in the second degree; or (b) The defendant's conduct consisted of causing or aiding, without the use of duress or deception, another person to commit suicide. Noth- ing contained in this paragraph shall constitute a defense to a prose- cution for, or preclude a conviction of, manslaughter in the second degree or any other crime except murder in the second degree. Murder in the first degree is a class A-I felony. S 4. This act shall take effect immediately. PART V Section 1. This act shall be known and may be cited as "Brittany's law". S 2. The penal law is amended by adding two new sections 195.03 and 195.04 to read as follows: S 195.03 FAILURE TO REGISTER OR VERIFY AS A DOMESTIC VIOLENCE OFFENDER IN THE SECOND DEGREE. A PERSON IS GUILTY OF FAILURE TO REGISTER OR VERIFY AS A DOMESTIC VIOLENCE OFFENDER IN THE SECOND DEGREE WHEN, BEING A DOMESTIC VIOLENCE OFFENDER REQUIRED TO REGISTER OR VERIFY PURSUANT TO ARTICLE SIX-B OF THE CORRECTION LAW, HE OR SHE FAILS TO REGISTER OR VERIFY IN THE MANNER AND WITHIN THE TIME PERIODS PROVIDED FOR IN SUCH ARTICLE. FAILURE TO REGISTER OR VERIFY AS A DOMESTIC VIOLENCE OFFENDER IN THE SECOND DEGREE IS A CLASS E FELONY. S 195.04 FAILURE TO REGISTER OR VERIFY AS A DOMESTIC VIOLENCE OFFENDER IN THE FIRST DEGREE. S. 6405--B 108 A PERSON IS GUILTY OF FAILURE TO REGISTER OR VERIFY AS A DOMESTIC VIOLENCE OFFENDER IN THE FIRST DEGREE WHEN HE OR SHE COMMITS THE CRIME OF FAILURE TO REGISTER OR VERIFY AS A DOMESTIC VIOLENCE OFFENDER IN THE SECOND DEGREE AND HAS PREVIOUSLY BEEN CONVICTED OF FAILURE TO REGISTER OR VERIFY AS A DOMESTIC VIOLENCE OFFENDER IN THE SECOND DEGREE AS DEFINED IN SECTION 195.03 OF THIS ARTICLE. FAILURE TO REGISTER OR VERIFY AS A DOMESTIC VIOLENCE OFFENDER IN THE FIRST DEGREE IS A CLASS D FELONY. S 3. The correction law is amended by adding a new article 6-B to read as follows: ARTICLE 6-B DOMESTIC VIOLENCE REGISTRATION ACT SECTION 165. DEFINITIONS. 165-A. DUTIES OF THE DIVISION; REGISTRATION INFORMATION. 165-B. DOMESTIC VIOLENCE OFFENDER; RELOCATION; NOTIFICATION. 165-C. DUTIES OF THE COURT. 165-D. DISCHARGE OF DOMESTIC VIOLENCE OFFENDER FROM CORRECTIONAL FACILITY; DUTIES OF OFFICIAL IN CHARGE. 165-E. DUTY TO REGISTER AND TO VERIFY. 165-F. PRIOR CONVICTIONS; DUTY TO INFORM AND REGISTER. 165-G. DURATION OF REGISTRATION AND VERIFICATION. 165-H. REGISTRATION AND VERIFICATION REQUIREMENTS. 165-I. NOTIFICATION OF LOCAL LAW ENFORCEMENT AGENCIES OF CHANGE OF ADDRESS. 165-J. REGISTRATION FOR CHANGE OF ADDRESS FROM ANOTHER STATE. 165-K. SPECIAL TELEPHONE NUMBER. 165-L. IMMUNITY FROM LIABILITY. 165-M. ANNUAL REPORT. 165-N. FAILURE TO REGISTER; PENALTY. 165-O. UNAUTHORIZED RELEASE OF INFORMATION. S 165. DEFINITIONS. AS USED IN THIS ARTICLE, THE FOLLOWING DEFINITIONS APPLY: 1. "DOMESTIC VIOLENCE OFFENDER" INCLUDES ANY PERSON WHO IS CONVICTED OF ANY OF THE DOMESTIC VIOLENCE OFFENSES SET FORTH IN SUBDIVISION TWO OF THIS SECTION. CONVICTIONS THAT RESULT FROM OR ARE CONNECTED WITH THE SAME ACT, OR RESULT FROM OFFENSES COMMITTED AT THE SAME TIME, SHALL BE COUNTED FOR THE PURPOSE OF THIS ARTICLE AS ONE CONVICTION. ANY CONVICTION SET ASIDE PURSUANT TO LAW IS NOT A CONVICTION FOR PURPOSES OF THIS ARTICLE. 2. "DOMESTIC VIOLENCE OFFENSE" MEANS THE CONVICTION OF ANY FELONY OFFENSE DEFINED IN THE PENAL LAW WHEN THE VICTIM OF SUCH CRIME OR OFFENSE IS A FAMILY OR HOUSEHOLD MEMBER. 3. "FAMILY OR HOUSEHOLD MEMBERS" MEANS THE FOLLOWING INDIVIDUALS: (A) PERSONS RELATED BY CONSANGUINITY OR AFFINITY; (B) PERSONS LEGALLY MARRIED TO ONE ANOTHER; (C) PERSONS FORMERLY MARRIED TO ONE ANOTHER REGARDLESS OF WHETHER THEY STILL RESIDE IN THE SAME HOUSEHOLD; (D) PERSONS WHO HAVE A CHILD IN COMMON REGARDLESS OF WHETHER SUCH PERSONS ARE MARRIED OR HAVE LIVED TOGETHER AT ANY TIME; OR (E) UNRELATED PERSONS WHO ARE CONTINUALLY OR AT REGULAR INTERVALS LIVING IN THE SAME HOUSEHOLD OR WHO HAVE IN THE PAST CONTINUALLY OR AT REGULAR INTERVALS LIVED IN THE SAME HOUSEHOLD. 4. "PARENT" MEANS A NATURAL OR ADOPTIVE PARENT OR ANY INDIVIDUAL LAWFULLY CHARGED WITH A MINOR CHILD'S CARE OR CUSTODY. 5. "DIVISION" MEANS THE DIVISION OF CRIMINAL JUSTICE SERVICES AS DEFINED BY SECTION EIGHT HUNDRED THIRTY-FIVE OF THE EXECUTIVE LAW. S. 6405--B 109 6. "LAW ENFORCEMENT AGENCY HAVING JURISDICTION" MEANS: (A) (I) THE CHIEF LAW ENFORCEMENT OFFICER IN THE VILLAGE, TOWN OR CITY IN WHICH THE OFFENDER EXPECTS TO RESIDE UPON HIS OR HER DISCHARGE, PROBATION, PAROLE, RELEASE TO POST-RELEASE SUPERVISION OR UPON ANY FORM OF STATE OR LOCAL CONDITIONAL RELEASE; OR (II) IF THERE BE NO CHIEF LAW ENFORCEMENT OFFICER IN SUCH VILLAGE, TOWN OR CITY, THE CHIEF LAW ENFORCEMENT OFFICER OF THE COUNTY IN WHICH THE OFFENDER EXPECTS TO RESIDE; OR (III) IF THERE BE NO CHIEF ENFORCEMENT OFFICER IN SUCH VILLAGE, TOWN, CITY OR COUNTY, THE DIVISION OF STATE POLICE; AND (B) IN THE CASE OF A DOMESTIC VIOLENCE OFFENDER WHO IS OR EXPECTS TO BE EMPLOYED BY, ENROLLED IN, ATTENDING OR EMPLOYED, WHETHER FOR COMPEN- SATION OR NOT, AT AN INSTITUTION OF HIGHER EDUCATION, (I) THE CHIEF LAW ENFORCEMENT OFFICER IN THE VILLAGE, TOWN OR CITY IN WHICH SUCH INSTITU- TION IS LOCATED; OR (II) IF THERE BE NO CHIEF LAW ENFORCEMENT OFFICER IN SUCH VILLAGE, TOWN OR CITY, THE CHIEF LAW ENFORCEMENT OFFICER OF THE COUNTY IN WHICH SUCH INSTITUTION IS LOCATED; OR (III) IF THERE BE NO CHIEF LAW ENFORCEMENT OFFICER IN SUCH VILLAGE, TOWN, CITY OR COUNTY, THE DIVISION OF STATE POLICE; AND (IV) IF SUCH INSTITUTION OPERATES OR EMPLOYS A CAMPUS LAW ENFORCEMENT OR SECURITY AGENCY, THE CHIEF OF SUCH AGENCY; AND (C) IN THE CASE OF A DOMESTIC VIOLENCE OFFENDER WHO EXPECTS TO RESIDE WITHIN A STATE PARK OR ON OTHER LAND UNDER THE JURISDICTION OF THE OFFICE OF PARKS, RECREATION AND HISTORIC PRESERVATION, THE STATE REGIONAL PARK POLICE. S 165-A. DUTIES OF THE DIVISION; REGISTRATION INFORMATION. 1. THE DIVISION SHALL ESTABLISH AND MAINTAIN A FILE OF INDIVIDUALS REQUIRED TO REGISTER PURSUANT TO THE PROVISIONS OF THIS ARTICLE WHICH SHALL INCLUDE THE FOLLOWING INFORMATION OF EACH REGISTRANT: (A) THE DOMESTIC VIOLENCE OFFENDER'S NAME, ALL ALIASES USED, DATE OF BIRTH, SEX, RACE, HEIGHT, WEIGHT, EYE COLOR, DRIVER'S LICENSE NUMBER, HOME ADDRESS AND/OR EXPECTED PLACE OF DOMICILE, ANY INTERNET ACCOUNTS WITH INTERNET ACCESS PROVIDERS BELONGING TO SUCH OFFENDER AND INTERNET IDENTIFIERS THAT SUCH OFFENDER USES. (B) A PHOTOGRAPH AND SET OF FINGERPRINTS. THE DIVISION SHALL, DURING THE PERIOD OF REGISTRATION, UPDATE SUCH PHOTOGRAPH ONCE EVERY THREE YEARS. THE DIVISION SHALL NOTIFY THE DOMESTIC VIOLENCE OFFENDER BY MAIL OF THE DUTY TO APPEAR AND BE PHOTOGRAPHED AT THE SPECIFIED LAW ENFORCE- MENT AGENCY HAVING JURISDICTION. SUCH NOTIFICATION SHALL BE MAILED AT LEAST THIRTY DAYS AND NOT MORE THAN SIXTY DAYS BEFORE THE PHOTOGRAPH IS REQUIRED TO BE TAKEN PURSUANT TO THIS ARTICLE. (C) A DESCRIPTION OF THE OFFENSE FOR WHICH THE DOMESTIC VIOLENCE OFFENDER WAS CONVICTED, THE DATE OF CONVICTION AND THE SENTENCE IMPOSED. (D) THE NAME AND ADDRESS OF ANY INSTITUTION OF HIGHER EDUCATION AT WHICH THE DOMESTIC VIOLENCE OFFENDER IS OR EXPECTS TO BE ENROLLED, ATTENDING OR EMPLOYED, WHETHER FOR COMPENSATION OR NOT, AND WHETHER SUCH OFFENDER RESIDES IN OR WILL RESIDE IN A FACILITY OWNED OR OPERATED BY SUCH INSTITUTION. (E) THE EMPLOYMENT ADDRESS AND/OR EXPECTED PLACE OF EMPLOYMENT OF THE DOMESTIC VIOLENCE OFFENDER. (F) ANY OTHER INFORMATION DEEMED PERTINENT BY THE DIVISION. 2. (A) THE DIVISION IS AUTHORIZED TO MAKE THE REGISTRY AVAILABLE TO ANY REGIONAL OR NATIONAL REGISTRY OF DOMESTIC VIOLENCE OFFENDERS FOR THE PURPOSE OF SHARING INFORMATION. THE DIVISION SHALL ACCEPT FILES FROM ANY REGIONAL OR NATIONAL REGISTRY OF DOMESTIC VIOLENCE OFFENDERS AND SHALL S. 6405--B 110 MAKE SUCH FILES AVAILABLE WHEN REQUESTED PURSUANT TO THE PROVISIONS OF THIS ARTICLE. (B) NO OFFICIAL, AGENCY, AUTHORIZED PERSON OR ENTITY, WHETHER PUBLIC OR PRIVATE, SHALL BE SUBJECT TO ANY CIVIL OR CRIMINAL LIABILITY FOR DAMAGES FOR ANY DECISION OR ACTION MADE IN THE ORDINARY COURSE OF BUSI- NESS OF THAT OFFICIAL, AGENCY, AUTHORIZED PERSON OR ENTITY PURSUANT TO THIS ARTICLE, PROVIDED THAT SUCH OFFICIAL, AGENCY, AUTHORIZED PERSON OR ENTITY ACTED REASONABLY AND IN GOOD FAITH WITH RESPECT TO SUCH REGISTRY INFORMATION. (C) THE DIVISION SHALL REQUIRE THAT NO INFORMATION INCLUDED IN THE REGISTRY SHALL BE MADE AVAILABLE EXCEPT IN THE FURTHERANCE OF THE PROVISIONS OF THIS ARTICLE. 3. THE DIVISION SHALL DEVELOP A STANDARDIZED REGISTRATION FORM TO BE MADE AVAILABLE TO THE APPROPRIATE AUTHORITIES AND PROMULGATE RULES AND REGULATIONS TO IMPLEMENT THE PROVISIONS OF THIS SECTION. SUCH FORM SHALL BE WRITTEN IN CLEAR AND CONCISE LANGUAGE AND SHALL ADVISE THE DOMESTIC VIOLENCE OFFENDER OF HIS OR HER DUTIES AND OBLIGATIONS UNDER THIS ARTI- CLE. 4. THE DIVISION SHALL MAIL A NONFORWARDABLE VERIFICATION FORM TO THE LAST REPORTED ADDRESS OF THE DOMESTIC VIOLENCE OFFENDER FOR ANNUAL VERIFICATION REQUIREMENTS. 5. THE DIVISION SHALL ALSO ESTABLISH AND OPERATE A TELEPHONE NUMBER AS PROVIDED FOR IN SECTION ONE HUNDRED SIXTY-FIVE-K OF THIS ARTICLE. 6. THE DIVISION SHALL ALSO ESTABLISH A PUBLIC AWARENESS CAMPAIGN TO ADVISE THE PUBLIC OF THE PROVISIONS OF THIS ARTICLE. 7. THE DIVISION SHALL CHARGE A FEE OF TEN DOLLARS EACH TIME A DOMESTIC VIOLENCE OFFENDER REGISTERS ANY CHANGE OF ADDRESS OR ANY CHANGE OF HIS OR HER STATUS OF ENROLLMENT, ATTENDANCE, EMPLOYMENT OR RESIDENCE AT ANY INSTITUTION OF HIGHER EDUCATION AS REQUIRED BY THIS ARTICLE. THE FEE SHALL BE PAID TO THE DIVISION BY THE DOMESTIC VIOLENCE OFFENDER. THE STATE COMPTROLLER IS HEREBY AUTHORIZED TO DEPOSIT SUCH FEES INTO THE DOMESTIC VIOLENCE AWARENESS FUND ESTABLISHED PURSUANT TO SECTION NINE- TY-SEVEN-YYY OF THE STATE FINANCE LAW AS ADDED BY CHAPTER SIX HUNDRED THIRTY-FOUR OF THE LAWS OF TWO THOUSAND TWO. 8. THE DIVISION SHALL, UPON THE REQUEST OF ANY CHILDREN'S CAMP OPERA- TOR, RELEASE TO SUCH PERSON ANY INFORMATION IN THE REGISTRY RELATING TO A PROSPECTIVE EMPLOYEE OF ANY SUCH PERSON OR ENTITY IN ACCORDANCE WITH THE PROVISIONS OF THIS ARTICLE. THE DIVISION SHALL PROMULGATE RULES AND REGULATIONS RELATING TO PROCEDURES FOR THE RELEASE OF INFORMATION IN THE REGISTRY TO SUCH PERSONS. 9. THE DIVISION SHALL, UPON THE REQUEST OF ANY AUTHORIZED INTERNET ENTITY, RELEASE TO SUCH ENTITY INTERNET IDENTIFIERS THAT WOULD ENABLE SUCH ENTITY TO PRESCREEN OR REMOVE DOMESTIC VIOLENCE OFFENDERS FROM ITS SERVICES OR, IN CONFORMITY WITH STATE AND FEDERAL LAW, ADVISE LAW ENFORCEMENT AND/OR OTHER GOVERNMENTAL ENTITIES OF POTENTIAL VIOLATIONS OF LAW AND/OR THREATS TO PUBLIC SAFETY. BEFORE RELEASING ANY INFORMATION THE DIVISION SHALL REQUIRE AN AUTHORIZED INTERNET ENTITY THAT REQUESTS INFORMATION FROM THE REGISTRY TO SUBMIT TO THE DIVISION THE NAME, ADDRESS AND TELEPHONE NUMBER OF SUCH ENTITY AND THE SPECIFIC LEGAL NATURE AND CORPORATE STATUS OF SUCH ENTITY. EXCEPT FOR THE PURPOSES SPECIFIED IN THIS SUBDIVISION, AN AUTHORIZED INTERNET ENTITY SHALL NOT PUBLISH OR IN ANY WAY DISCLOSE OR REDISCLOSE ANY INFORMATION PROVIDED TO IT BY THE DIVISION PURSUANT TO THIS SUBDIVISION. THE DIVISION MAY CHARGE AN AUTHORIZED INTERNET ENTITY A FEE FOR ACCESS TO REGISTERED INTERNET IDENTIFIERS REQUESTED BY SUCH ENTITY PURSUANT TO THIS SUBDIVISION. THE DIVISION SHALL PROMULGATE RULES AND REGULATIONS RELATING TO PROCEDURES S. 6405--B 111 FOR THE RELEASE OF INFORMATION IN THE REGISTRY, INCLUDING BUT NOT LIMIT- ED TO, THE DISCLOSURE AND REDISCLOSURE OF SUCH INFORMATION, AND THE IMPOSITION OF ANY FEES. S 165-B. DOMESTIC VIOLENCE OFFENDER; RELOCATION; NOTIFICATION. 1. IN THE CASE OF ANY DOMESTIC VIOLENCE OFFENDER, IT SHALL BE THE DUTY OF THE DEPARTMENT, HOSPITAL OR LOCAL CORRECTIONAL FACILITY AT LEAST TEN CALEN- DAR DAYS PRIOR TO THE RELEASE OR DISCHARGE OF ANY DOMESTIC VIOLENCE OFFENDER FROM A CORRECTIONAL FACILITY, HOSPITAL OR LOCAL CORRECTIONAL FACILITY TO NOTIFY THE DIVISION OF THE CONTEMPLATED RELEASE OR DISCHARGE OF SUCH DOMESTIC VIOLENCE OFFENDER, INFORMING THE DIVISION IN WRITING ON A FORM PROVIDED BY THE DIVISION INDICATING THE ADDRESS AT WHICH HE OR SHE PROPOSES TO RESIDE AND THE NAME AND ADDRESS OF ANY INSTITUTION OF HIGHER EDUCATION AT WHICH HE OR SHE EXPECTS TO BE ENROLLED, ATTENDING OR EMPLOYED, WHETHER FOR COMPENSATION OR NOT, AND WHETHER HE OR SHE RESIDES IN OR WILL RESIDE IN A FACILITY OWNED OR OPERATED BY SUCH INSTITUTION. IF SUCH DOMESTIC VIOLENCE OFFENDER CHANGES HIS OR HER PLACE OF RESIDENCE WHILE ON PAROLE, SUCH NOTIFICATION OF THE CHANGE OF RESIDENCE SHALL BE SENT BY THE DOMESTIC VIOLENCE OFFENDER'S PAROLE OFFICER WITHIN FORTY-EIGHT HOURS TO THE DIVISION ON A FORM PROVIDED BY THE DIVISION. IF SUCH DOMESTIC VIOLENCE OFFENDER CHANGES THE STATUS OF HIS OR HER ENROLL- MENT, ATTENDANCE, EMPLOYMENT OR RESIDENCE AT ANY INSTITUTION OF HIGHER EDUCATION WHILE ON PAROLE, SUCH NOTIFICATION OF THE CHANGE OF STATUS SHALL BE SENT BY THE DOMESTIC VIOLENCE OFFENDER'S PAROLE OFFICER WITHIN FORTY-EIGHT HOURS TO THE DIVISION ON A FORM PROVIDED BY THE DIVISION. 2. IN THE CASE OF ANY DOMESTIC VIOLENCE OFFENDER ON PROBATION, IT SHALL BE THE DUTY OF THE DOMESTIC VIOLENCE OFFENDER'S PROBATION OFFICER TO NOTIFY THE DIVISION WITHIN FORTY-EIGHT HOURS OF THE NEW PLACE OF RESIDENCE ON A FORM PROVIDED BY THE DIVISION. IF SUCH DOMESTIC VIOLENCE OFFENDER CHANGES THE STATUS OF HIS OR HER ENROLLMENT, ATTENDANCE, EMPLOYMENT OR RESIDENCE AT ANY INSTITUTION OF HIGHER EDUCATION WHILE ON PROBATION, SUCH NOTIFICATION OF THE CHANGE OF STATUS SHALL BE SENT BY THE DOMESTIC VIOLENCE OFFENDER'S PROBATION OFFICER WITHIN FORTY-EIGHT HOURS TO THE DIVISION ON A FORM PROVIDED BY THE DIVISION. 3. IN THE CASE IN WHICH ANY DOMESTIC VIOLENCE OFFENDER ESCAPES FROM A STATE OR LOCAL CORRECTIONAL FACILITY OR HOSPITAL, THE DESIGNATED OFFI- CIAL OF THE FACILITY OR HOSPITAL WHERE THE PERSON WAS CONFINED SHALL NOTIFY WITHIN TWENTY-FOUR HOURS THE LAW ENFORCEMENT AGENCY HAVING HAD JURISDICTION AT THE TIME OF HIS OR HER CONVICTION, INFORMING SUCH LAW ENFORCEMENT AGENCY OF THE NAME AND ALIASES OF THE PERSON, AND THE ADDRESS AT WHICH HE OR SHE RESIDED AT THE TIME OF HIS OR HER CONVICTION, THE AMOUNT OF TIME REMAINING TO BE SERVED, IF ANY, ON THE FULL TERM FOR WHICH HE OR SHE WAS SENTENCED, AND THE NATURE OF THE CRIME FOR WHICH HE OR SHE WAS SENTENCED, TRANSMITTING AT THE SAME TIME A COPY OF SUCH DOMESTIC VIOLENCE OFFENDER'S FINGERPRINTS AND PHOTOGRAPH AND A SUMMARY OF HIS OR HER CRIMINAL RECORD. 4. THE DIVISION SHALL PROVIDE GENERAL INFORMATION, IN REGISTRATION MATERIALS AND ANNUAL CORRESPONDENCE, TO REGISTRANTS CONCERNING NOTIFICA- TION AND REGISTRATION PROCEDURES THAT MAY APPLY IF THE REGISTRANT IS AUTHORIZED TO RELOCATE AND RELOCATES TO ANOTHER STATE OR UNITED STATES POSSESSION, OR COMMENCES EMPLOYMENT OR ATTENDANCE AT AN EDUCATION INSTI- TUTION IN ANOTHER STATE OR UNITED STATES POSSESSION. SUCH INFORMATION SHALL INCLUDE ADDRESSES AND TELEPHONE NUMBERS FOR RELEVANT AGENCIES FROM WHICH ADDITIONAL INFORMATION MAY BE OBTAINED. S 165-C. DUTIES OF THE COURT. 1. UPON CONVICTION OF ANY OF THE OFFENSES SET FORTH IN SUBDIVISION TWO OF SECTION ONE HUNDRED SIXTY-FIVE OF THIS ARTICLE THE COURT SHALL CERTIFY THAT THE PERSON IS A DOMESTIC S. 6405--B 112 VIOLENCE OFFENDER AND SHALL INCLUDE THE CERTIFICATION IN THE ORDER OF COMMITMENT, IF ANY, AND JUDGMENT OF CONVICTION. THE COURT SHALL ALSO ADVISE THE DOMESTIC VIOLENCE OFFENDER OF HIS OR HER DUTIES UNDER THIS ARTICLE. FAILURE TO INCLUDE THE CERTIFICATION IN THE ORDER OF COMMIT- MENT OR THE JUDGMENT OF CONVICTION SHALL NOT RELIEVE A DOMESTIC VIOLENCE OFFENDER OF THE OBLIGATIONS IMPOSED BY THIS ARTICLE. 2. ANY DOMESTIC VIOLENCE OFFENDER, WHO IS RELEASED ON PROBATION OR DISCHARGED UPON PAYMENT OF A FINE, CONDITIONAL DISCHARGE OR UNCONDI- TIONAL DISCHARGE SHALL, PRIOR TO SUCH RELEASE OR DISCHARGE, BE INFORMED OF HIS OR HER DUTY TO REGISTER UNDER THIS ARTICLE BY THE COURT IN WHICH HE OR SHE WAS CONVICTED. AT THE TIME SENTENCE IS IMPOSED, SUCH DOMESTIC VIOLENCE OFFENDER SHALL REGISTER WITH THE DIVISION ON A FORM PREPARED BY THE DIVISION. THE COURT SHALL REQUIRE THE DOMESTIC VIOLENCE OFFENDER TO READ AND SIGN SUCH FORM AND TO COMPLETE THE REGISTRATION PORTION OF SUCH FORM. THE COURT SHALL ON SUCH FORM OBTAIN THE ADDRESS WHERE THE DOMESTIC VIOLENCE OFFENDER EXPECTS TO RESIDE UPON HIS OR HER RELEASE, AND THE NAME AND ADDRESS OF ANY INSTITUTION OF HIGHER EDUCATION HE OR SHE EXPECTS TO BE EMPLOYED BY, ENROLLED IN, ATTENDING OR EMPLOYED, WHETHER FOR COMPENSATION OR NOT, AND WHETHER HE OR SHE EXPECTS TO RESIDE IN A FACILITY OWNED OR OPERATED BY SUCH AN INSTITUTION, AND SHALL REPORT SUCH INFORMATION TO THE DIVISION. THE COURT SHALL GIVE ONE COPY OF THE FORM TO THE DOMESTIC VIOLENCE OFFENDER AND SHALL SEND TWO COPIES TO THE DIVI- SION WHICH SHALL FORWARD THE INFORMATION TO THE LAW ENFORCEMENT AGENCIES HAVING JURISDICTION. WHERE THE COURT ORDERS A DOMESTIC VIOLENCE OFFEN- DER RELEASED ON PROBATION, SUCH ORDER MUST INCLUDE A PROVISION REQUIRING THAT HE OR SHE COMPLY WITH THE REQUIREMENTS OF THIS ARTICLE. WHERE SUCH DOMESTIC VIOLENCE OFFENDER VIOLATES SUCH PROVISION, PROBATION MAY BE IMMEDIATELY REVOKED IN THE MANNER PROVIDED BY ARTICLE FOUR HUNDRED TEN OF THE CRIMINAL PROCEDURE LAW. S 165-D. DISCHARGE OF DOMESTIC VIOLENCE OFFENDER FROM CORRECTIONAL FACILITY; DUTIES OF OFFICIAL IN CHARGE. ANY DOMESTIC VIOLENCE OFFENDER, TO BE DISCHARGED, PAROLED, RELEASED TO POST-RELEASE SUPERVISION OR RELEASED FROM ANY STATE OR LOCAL CORRECTIONAL FACILITY, HOSPITAL OR INSTITUTION WHERE HE OR SHE WAS CONFINED OR COMMITTED, SHALL AT LEAST FIFTEEN CALENDAR DAYS PRIOR TO DISCHARGE, PAROLE OR RELEASE, BE INFORMED OF HIS OR HER DUTY TO REGISTER UNDER THIS ARTICLE, BY THE FACILITY IN WHICH HE OR SHE WAS CONFINED OR COMMITTED. THE FACILITY SHALL REQUIRE THE DOMESTIC VIOLENCE OFFENDER TO READ AND SIGN SUCH FORM AS MAY BE REQUIRED BY THE DIVISION STATING THE DUTY TO REGISTER AND THE PROCEDURE FOR REGISTRATION HAS BEEN EXPLAINED TO HIM OR HER AND TO COMPLETE THE REGISTRATION PORTION OF SUCH FORM. THE FACILITY SHALL OBTAIN ON SUCH FORM THE ADDRESS WHERE THE DOMESTIC VIOLENCE OFFENDER EXPECTS TO RESIDE UPON HIS OR HER DISCHARGE, PAROLE OR RELEASE AND THE NAME AND ADDRESS OF ANY INSTITUTION OF HIGHER EDUCATION HE OR SHE EXPECTS TO BE EMPLOYED BY, ENROLLED IN, ATTENDING OR EMPLOYED, WHETHER FOR COMPENSATION OR NOT, AND WHETHER HE OR SHE EXPECTS TO RESIDE IN A FACILITY OWNED OR OPERATED BY SUCH AN INSTITUTION, AND SHALL REPORT SUCH INFORMATION TO THE DIVISION. THE FACILITY SHALL GIVE ONE COPY OF THE FORM TO THE DOMESTIC VIOLENCE OFFENDER, RETAIN ONE COPY AND SHALL SEND ONE COPY TO THE DIVISION WHICH SHALL PROVIDE THE INFORMATION TO THE LAW ENFORCEMENT AGENCIES HAVING JURISDICTION. THE FACILITY SHALL GIVE THE DOMESTIC VIOLENCE OFFENDER A FORM PREPARED BY THE DIVISION, TO REGISTER WITH THE DIVISION AT LEAST FIFTEEN CALENDAR DAYS PRIOR TO RELEASE AND SUCH FORM SHALL BE COMPLETED, SIGNED BY THE DOMESTIC VIOLENCE OFFENDER AND SENT TO THE DIVISION BY THE FACILITY AT LEAST TEN DAYS PRIOR TO THE DOMESTIC VIOLENCE OFFENDER'S RELEASE OR DISCHARGE. S. 6405--B 113 S 165-E. DUTY TO REGISTER AND TO VERIFY. 1. ANY DOMESTIC VIOLENCE OFFENDER SHALL, (A) AT LEAST TEN CALENDAR DAYS PRIOR TO DISCHARGE, PAROLE, RELEASE TO POST-RELEASE SUPERVISION OR RELEASE FROM ANY STATE OR LOCAL CORRECTIONAL FACILITY, HOSPITAL OR INSTITUTION WHERE HE OR SHE WAS CONFINED OR COMMITTED, OR, (B) AT THE TIME SENTENCE IS IMPOSED FOR ANY DOMESTIC VIOLENCE OFFENDER RELEASED ON PROBATION OR DISCHARGED UPON PAYMENT OF A FINE, CONDITIONAL DISCHARGE OR UNCONDITIONAL DISCHARGE, REGISTER WITH THE DIVISION ON A FORM PREPARED BY THE DIVISION. 2. FOR A DOMESTIC VIOLENCE OFFENDER REQUIRED TO REGISTER UNDER THIS ARTICLE ON EACH ANNIVERSARY OF THE DOMESTIC VIOLENCE OFFENDER'S INITIAL REGISTRATION DATE DURING THE PERIOD IN WHICH HE OR SHE IS REQUIRED TO REGISTER UNDER THIS SECTION THE FOLLOWING APPLIES: (A) THE DOMESTIC VIOLENCE OFFENDER SHALL MAIL THE VERIFICATION FORM TO THE DIVISION WITHIN TEN CALENDAR DAYS AFTER RECEIPT OF THE FORM. (B) THE VERIFICATION FORM SHALL BE SIGNED BY THE DOMESTIC VIOLENCE OFFENDER, AND STATE THAT HE OR SHE STILL RESIDES AT THE ADDRESS LAST REPORTED TO THE DIVISION. (C) IF THE DOMESTIC VIOLENCE OFFENDER FAILS TO MAIL THE SIGNED VERIFI- CATION FORM TO THE DIVISION WITHIN TEN CALENDAR DAYS AFTER RECEIPT OF THE FORM, HE OR SHE SHALL BE IN VIOLATION OF THIS SECTION UNLESS HE OR SHE PROVES THAT HE OR SHE HAS NOT CHANGED HIS OR HER RESIDENCE ADDRESS. (D) IF THE DOMESTIC VIOLENCE OFFENDER, TO WHOM A NOTICE HAS BEEN MAILED AT THE LAST REPORTED ADDRESS PURSUANT TO THIS ARTICLE, FAILS TO PERSONALLY APPEAR AT THE LAW ENFORCEMENT AGENCY HAVING JURISDICTION, WITHIN TWENTY DAYS OF THE ANNIVERSARY OF THE DOMESTIC VIOLENCE OFFENDER'S INITIAL REGISTRATION, OR AN ALTERNATE LATER DATE SCHEDULED BY THE LAW ENFORCEMENT AGENCY HAVING JURISDICTION, HE OR SHE SHALL BE IN VIOLATION OF THIS SECTION. THE DUTY TO PERSONALLY APPEAR FOR SUCH UPDATED PHOTOGRAPH SHALL BE TEMPORARILY SUSPENDED DURING ANY PERIOD IN WHICH THE DOMESTIC VIOLENCE OFFENDER IS CONFINED IN ANY HOSPITAL OR INSTITUTION, AND SUCH DOMESTIC VIOLENCE OFFENDER SHALL PERSONALLY APPEAR FOR SUCH UPDATED PHOTOGRAPH NO LATER THAN NINETY DAYS AFTER RELEASE FROM SUCH HOSPITAL OR INSTITUTION, OR AN ALTERNATE LATER DATE SCHEDULED BY THE LAW ENFORCEMENT AGENCY HAVING JURISDICTION. 3. ANY DOMESTIC VIOLENCE OFFENDER SHALL REGISTER WITH THE DIVISION NO LATER THAN TEN CALENDAR DAYS AFTER ANY CHANGE OF ADDRESS, INTERNET ACCOUNTS WITH INTERNET ACCESS PROVIDERS BELONGING TO SUCH OFFENDER, INTERNET IDENTIFIERS THAT SUCH OFFENDER USES, OR HIS OR HER STATUS OF ENROLLMENT, ATTENDANCE, EMPLOYMENT OR RESIDENCE AT ANY INSTITUTION OF HIGHER EDUCATION. A FEE OF TEN DOLLARS, AS AUTHORIZED BY SUBDIVISION SEVEN OF SECTION ONE HUNDRED SIXTY-FIVE-A OF THIS ARTICLE, SHALL BE SUBMITTED BY THE DOMESTIC VIOLENCE OFFENDER EACH TIME SUCH OFFENDER REGISTERS ANY CHANGE OF ADDRESS OR ANY CHANGE OF HIS OR HER STATUS OR ENROLLMENT, ATTENDANCE, EMPLOYMENT OR RESIDENCE AT ANY INSTITUTION OF HIGHER EDUCATION. ANY FAILURE OR OMISSION TO SUBMIT THE REQUIRED FEE SHALL NOT AFFECT THE ACCEPTANCE BY THE DIVISION OF THE CHANGE OF ADDRESS OR CHANGE OF STATUS. 4. THE DUTY TO REGISTER UNDER THE PROVISIONS OF THIS ARTICLE SHALL NOT BE APPLICABLE TO ANY DOMESTIC VIOLENCE OFFENDER WHOSE CONVICTION WAS REVERSED UPON APPEAL OR WHO WAS PARDONED BY THE GOVERNOR. 5. ANY NONRESIDENT WORKER OR NONRESIDENT STUDENT, AS DEFINED IN SUBDI- VISIONS FOURTEEN AND FIFTEEN OF SECTION ONE HUNDRED SIXTY-EIGHT-A OF THIS CHAPTER, SHALL REGISTER HIS OR HER CURRENT ADDRESS AND THE ADDRESS OF HIS OR HER PLACE OF EMPLOYMENT OR EDUCATIONAL INSTITUTION ATTENDED WITH THE DIVISION WITHIN TEN CALENDAR DAYS AFTER SUCH NONRESIDENT WORKER OR NONRESIDENT STUDENT COMMENCES EMPLOYMENT OR ATTENDANCE AT AN EDUCA- S. 6405--B 114 TIONAL INSTITUTION IN THE STATE. ANY NONRESIDENT WORKER OR NONRESIDENT STUDENT SHALL NOTIFY THE DIVISION OF ANY CHANGE OF RESIDENCE, EMPLOYMENT OR EDUCATIONAL INSTITUTION ADDRESS NO LATER THAN TEN DAYS AFTER SUCH CHANGE. THE DIVISION SHALL NOTIFY THE LAW ENFORCEMENT AGENCY WHERE THE NONRESIDENT WORKER IS EMPLOYED OR THE EDUCATIONAL INSTITUTION IS LOCATED THAT A NONRESIDENT WORKER OR NONRESIDENT STUDENT IS PRESENT IN THAT AGENCY'S JURISDICTION. S 165-F. PRIOR CONVICTIONS; DUTY TO INFORM AND REGISTER. 1. THE DEPARTMENT OF PAROLE OR OFFICE OF PROBATION AND CORRECTIONAL ALTERNA- TIVES IN ACCORDANCE WITH RISK FACTORS PURSUANT TO THIS ARTICLE SHALL DETERMINE THE DURATION OF REGISTRATION AND NOTIFICATION FOR EVERY DOMES- TIC VIOLENCE OFFENDER WHO ON THE EFFECTIVE DATE OF THIS ARTICLE IS THEN ON PAROLE OR PROBATION FOR AN OFFENSE PROVIDED FOR IN SUBDIVISION TWO OF SECTION ONE HUNDRED SIXTY-FIVE OF THIS ARTICLE. 2. EVERY DOMESTIC VIOLENCE OFFENDER WHO ON THE EFFECTIVE DATE OF THIS ARTICLE IS THEN ON PAROLE OR PROBATION FOR AN OFFENSE PROVIDED FOR IN SUBDIVISION TWO OF SECTION ONE HUNDRED SIXTY-FIVE OF THIS ARTICLE SHALL WITHIN TEN CALENDAR DAYS OF SUCH DETERMINATION REGISTER WITH HIS OR HER PAROLE OR PROBATION OFFICER. ON EACH ANNIVERSARY OF THE DOMESTIC VIOLENCE OFFENDER'S INITIAL REGISTRATION DATE THEREAFTER, THE PROVISIONS OF SECTION ONE HUNDRED SIXTY-FIVE-E OF THIS ARTICLE SHALL APPLY. ANY DOMESTIC VIOLENCE OFFENDER WHO FAILS OR REFUSES TO SO COMPLY SHALL BE SUBJECT TO THE SAME PENALTIES AS OTHERWISE PROVIDED FOR IN THIS ARTICLE WHICH WOULD BE IMPOSED UPON A DOMESTIC VIOLENCE OFFENDER WHO FAILS OR REFUSES TO SO COMPLY WITH THE PROVISIONS OF THIS ARTICLE ON OR AFTER SUCH EFFECTIVE DATE. 3. IT SHALL BE THE DUTY OF THE PAROLE OR PROBATION OFFICER TO INFORM AND REGISTER SUCH DOMESTIC VIOLENCE OFFENDER ACCORDING TO THE REQUIRE- MENTS IMPOSED BY THIS ARTICLE. A PAROLE OR PROBATION OFFICER SHALL GIVE ONE COPY OF THE FORM TO THE DOMESTIC VIOLENCE OFFENDER AND SHALL, WITHIN THREE CALENDAR DAYS, SEND TWO COPIES ELECTRONICALLY OR OTHERWISE TO THE DIVISION WHICH SHALL FORWARD ONE COPY ELECTRONICALLY OR OTHERWISE TO THE LAW ENFORCEMENT AGENCY HAVING JURISDICTION WHERE THE DOMESTIC VIOLENCE OFFENDER RESIDES UPON HIS OR HER PAROLE, PROBATION, OR UPON ANY FORM OF STATE OR LOCAL CONDITIONAL RELEASE. 4. A PETITION FOR RELIEF FROM THIS SECTION IS PERMITTED TO ANY DOMES- TIC VIOLENCE OFFENDER REQUIRED TO REGISTER WHILE RELEASED ON PAROLE OR PROBATION PURSUANT TO SECTION ONE HUNDRED SIXTY-FIVE-N OF THIS ARTICLE. S 165-G. DURATION OF REGISTRATION AND VERIFICATION. THE DURATION OF REGISTRATION AND VERIFICATION FOR A DOMESTIC VIOLENCE OFFENDER SHALL BE ANNUALLY FOR A PERIOD OF TWENTY YEARS FROM THE INITIAL DATE OF REGISTRA- TION. S 165-H. REGISTRATION AND VERIFICATION REQUIREMENTS. REGISTRATION AND VERIFICATION AS REQUIRED BY THIS ARTICLE SHALL CONSIST OF A STATEMENT IN WRITING SIGNED BY THE DOMESTIC VIOLENCE OFFENDER GIVING THE INFORMATION THAT IS REQUIRED BY THE DIVISION AND THE DIVISION SHALL ENTER THE INFOR- MATION INTO AN APPROPRIATE ELECTRONIC DATA BASE OR FILE. S 165-I. NOTIFICATION OF LOCAL LAW ENFORCEMENT AGENCIES OF CHANGE OF ADDRESS. 1. UPON RECEIPT OF A CHANGE OF ADDRESS BY A DOMESTIC VIOLENCE OFFENDER REQUIRED TO REGISTER UNDER THIS ARTICLE, THE DIVISION SHALL NOTIFY THE LOCAL LAW ENFORCEMENT AGENCY HAVING JURISDICTION OF THE NEW PLACE OF RESIDENCE AND THE LOCAL LAW ENFORCEMENT AGENCY WHERE THE DOMES- TIC VIOLENCE OFFENDER LAST RESIDED OF THE NEW PLACE OF RESIDENCE. 2. UPON RECEIPT OF CHANGE OF ADDRESS INFORMATION, THE LOCAL LAW ENFORCEMENT AGENCY HAVING JURISDICTION OF THE NEW PLACE OF RESIDENCE SHALL ADHERE TO THE NOTIFICATION PROVISIONS SET FORTH IN THIS ARTICLE. S. 6405--B 115 3. THE DIVISION SHALL, IF THE DOMESTIC VIOLENCE OFFENDER CHANGES RESI- DENCE TO ANOTHER STATE, NOTIFY THE APPROPRIATE AGENCY WITHIN THAT STATE OF THE NEW PLACE OF RESIDENCE. 4. UPON RECEIPT OF A CHANGE IN THE STATUS OF THE ENROLLMENT, ATTEND- ANCE, EMPLOYMENT OR RESIDENCE AT AN INSTITUTION OF HIGHER EDUCATION BY A DOMESTIC VIOLENCE OFFENDER REQUIRED TO REGISTER UNDER THIS ARTICLE, THE DIVISION SHALL NOTIFY EACH LAW ENFORCEMENT AGENCY HAVING JURISDICTION WHICH IS AFFECTED BY SUCH CHANGE. 5. UPON RECEIPT OF CHANGE IN THE STATUS OF THE ENROLLMENT, ATTENDANCE, EMPLOYMENT OR RESIDENCE AT AN INSTITUTION OF HIGHER EDUCATION BY A DOMESTIC VIOLENCE OFFENDER REQUIRED TO REGISTER UNDER THIS ARTICLE, EACH LAW ENFORCEMENT AGENCY HAVING JURISDICTION SHALL ADHERE TO THE NOTIFICA- TION PROVISIONS SET FORTH IN THIS ARTICLE. S 165-J. REGISTRATION FOR CHANGE OF ADDRESS FROM ANOTHER STATE. 1. A DOMESTIC VIOLENCE OFFENDER WHO HAS BEEN CONVICTED OF AN OFFENSE WHICH REQUIRES REGISTRATION UNDER THIS ARTICLE SHALL NOTIFY THE DIVISION OF THE NEW ADDRESS NO LATER THAN TEN CALENDAR DAYS AFTER SUCH DOMESTIC VIOLENCE OFFENDER ESTABLISHES RESIDENCE IN THIS STATE. 2. IF THE DIVISION DETERMINES THAT THE DOMESTIC VIOLENCE OFFENDER IS REQUIRED TO REGISTER, THE DIVISION SHALL NOTIFY THE DOMESTIC VIOLENCE OFFENDER OF HIS OR HER DUTY TO REGISTER UNDER THIS ARTICLE AND SHALL REQUIRE THE DOMESTIC VIOLENCE OFFENDER TO SIGN A FORM AS MAY BE REQUIRED BY THE DIVISION ACKNOWLEDGING THAT THE DUTY TO REGISTER AND THE PROCE- DURE FOR REGISTRATION HAS BEEN EXPLAINED TO THE DOMESTIC VIOLENCE OFFEN- DER. THE DIVISION SHALL OBTAIN ON SUCH FORM THE ADDRESS WHERE THE DOMES- TIC VIOLENCE OFFENDER EXPECTS TO RESIDE WITHIN THE STATE AND THE DOMESTIC VIOLENCE OFFENDER SHALL RETAIN ONE COPY OF THE FORM AND SEND TWO COPIES TO THE DIVISION WHICH SHALL PROVIDE THE INFORMATION TO THE LAW ENFORCEMENT AGENCY HAVING JURISDICTION WHERE THE DOMESTIC VIOLENCE OFFENDER EXPECTS TO RESIDE WITHIN THIS STATE. 3. THE DIVISION SHALL UNDERTAKE AN INFORMATION CAMPAIGN DESIGNED TO PROVIDE INFORMATION TO OFFICIALS AND APPROPRIATE INDIVIDUALS IN OTHER STATES AND UNITED STATES POSSESSIONS CONCERNING THE NOTIFICATION PROCE- DURES REQUIRED BY THIS ARTICLE. SUCH INFORMATION CAMPAIGN SHALL BE ONGO- ING, AND SHALL INCLUDE, BUT NOT BE LIMITED TO, LETTERS, NOTICE FORMS AND SIMILAR MATERIALS PROVIDING RELEVANT INFORMATION ABOUT THIS ARTICLE AND THE SPECIFIC PROCEDURES REQUIRED TO EFFECT NOTIFICATION. SUCH MATERIALS SHALL INCLUDE AN ADDRESS AND TELEPHONE NUMBER WHICH SUCH OFFICIALS AND INDIVIDUALS IN OTHER STATES AND UNITED STATES POSSESSIONS MAY USE TO OBTAIN ADDITIONAL INFORMATION. S 165-K. SPECIAL TELEPHONE NUMBER. 1. PURSUANT TO SECTION ONE HUNDRED SIXTY-FIVE-A OF THIS ARTICLE, THE DIVISION SHALL ALSO OPERATE A TELE- PHONE NUMBER THAT MEMBERS OF THE PUBLIC MAY CALL FREE OF CHARGE AND INQUIRE WHETHER A NAMED INDIVIDUAL REQUIRED TO REGISTER PURSUANT TO THIS ARTICLE IS LISTED. THE DIVISION SHALL ASCERTAIN WHETHER A NAMED PERSON REASONABLY APPEARS TO BE A PERSON SO LISTED. THE DIVISION SHALL DECIDE WHETHER THE NAMED PERSON REASONABLY APPEARS TO BE A PERSON LISTED, BASED UPON INFORMATION FROM THE CALLER PROVIDING INFORMATION THAT SHALL INCLUDE (A) AN EXACT STREET ADDRESS, INCLUDING APARTMENT NUMBER, DRIV- ER'S LICENSE NUMBER OR BIRTH DATE, ALONG WITH ADDITIONAL INFORMATION THAT MAY INCLUDE SOCIAL SECURITY NUMBER, HAIR COLOR, EYE COLOR, HEIGHT, WEIGHT, DISTINCTIVE MARKINGS, ETHNICITY; OR (B) ANY COMBINATION OF THE ABOVE LISTED CHARACTERISTICS IF AN EXACT BIRTH DATE OR ADDRESS IS NOT AVAILABLE. IF THREE OF THE CHARACTERISTICS PROVIDED INCLUDE ETHNICITY, HAIR COLOR, AND EYE COLOR, OTHER IDENTIFYING CHARACTERISTICS SHALL BE PROVIDED. ANY INFORMATION IDENTIFYING THE VICTIM BY NAME, BIRTH DATE, S. 6405--B 116 ADDRESS OR RELATION TO THE PERSON LISTED BY THE DIVISION SHALL BE EXCLUDED BY THE DIVISION. 2. WHEN THE TELEPHONE NUMBER IS CALLED, A PREAMBLE SHALL BE PLAYED WHICH SHALL PROVIDE THE FOLLOWING INFORMATION: (A) NOTICE THAT THE CALLER'S TELEPHONE NUMBER WILL BE RECORDED; (B) THAT THERE IS NO CHARGE FOR USE OF THE TELEPHONE NUMBER; (C) NOTICE THAT THE CALLER IS REQUIRED TO IDENTIFY HIMSELF OR HERSELF TO THE OPERATOR AND PROVIDE CURRENT ADDRESS AND SHALL BE MAINTAINED IN A WRITTEN RECORD; (D) NOTICE THAT THE CALLER IS REQUIRED TO BE EIGHTEEN YEARS OF AGE OR OLDER; (E) A WARNING THAT IT IS ILLEGAL TO USE INFORMATION OBTAINED THROUGH THE TELEPHONE NUMBER TO COMMIT A CRIME AGAINST ANY PERSON LISTED OR TO ENGAGE IN ILLEGAL DISCRIMINATION OR HARASSMENT AGAINST SUCH PERSON; (F) NOTICE THAT THE CALLER IS REQUIRED TO HAVE THE BIRTH DATE, DRIV- ER'S LICENSE OR IDENTIFICATION NUMBER, OR ADDRESS OR OTHER IDENTIFYING INFORMATION REGARDING THE PERSON ABOUT WHOM INFORMATION IS SOUGHT IN ORDER TO ACHIEVE A POSITIVE IDENTIFICATION OF THAT PERSON; (G) A STATEMENT THAT THE NUMBER IS NOT A CRIME HOTLINE AND THAT ANY SUSPECTED CRIMINAL ACTIVITY SHOULD BE REPORTED TO LOCAL AUTHORITIES; (H) A STATEMENT THAT AN INFORMATION PACKAGE WHICH WILL INCLUDE A DESCRIPTION OF THE LAW AND DOMESTIC VIOLENCE PREVENTION MATERIALS IS AVAILABLE UPON REQUEST FROM THE DIVISION. SUCH INFORMATION PACKAGE SHALL INCLUDE QUESTIONS AND ANSWERS REGARDING THE MOST COMMONLY ASKED QUES- TIONS ABOUT THE DOMESTIC VIOLENCE OFFENDER REGISTRATION ACT, AND CURRENT DOMESTIC VIOLENCE PREVENTION MATERIAL. 3. (A) THE DIVISION SHALL ESTABLISH A PROGRAM ALLOWING NON-PROFIT AND NOT-FOR-PROFIT YOUTH SERVICES ORGANIZATIONS TO PRE-REGISTER WITH THE DIVISION FOR USE OF THE TELEPHONE NUMBER. PRE-REGISTRATION SHALL INCLUDE THE IDENTIFICATION OF UP TO TWO OFFICIALS OF THE ORGANIZATION WHO MAY CALL THE TELEPHONE NUMBER AND OBTAIN INFORMATION ON BEHALF OF THE ORGAN- IZATION. A PRE-REGISTERED CERTIFICATE ISSUED UNDER THIS SUBDIVISION SHALL BE VALID FOR TWO YEARS, UNLESS EARLIER REVOKED BY THE DIVISION FOR GOOD CAUSE SHOWN. NO FEE SHALL BE CHARGED TO AN APPLICANT FOR THE ISSU- ANCE OF A PRE-REGISTERED CERTIFICATE PURSUANT TO THIS SUBDIVISION. (B) AN ORGANIZATION GRANTED A PRE-REGISTERED CERTIFICATE PURSUANT TO THIS SUBDIVISION MAY, UPON CALLING THE TELEPHONE NUMBER, INQUIRE WHETHER MULTIPLE NAMED INDIVIDUALS ARE LISTED ON THE DOMESTIC VIOLENCE OFFENDER REGISTRY. NOTWITHSTANDING ANY PER CALL LIMITATION THE DIVISION MAY PLACE ON CALLS BY PRIVATE INDIVIDUALS, THE DIVISION SHALL ALLOW SUCH PRE-RE- GISTERED ORGANIZATIONS TO INQUIRE ABOUT UP TO TWENTY PROSPECTIVE COACH- ES, LEADERS OR VOLUNTEERS IN EACH CALL TO THE TELEPHONE NUMBER. (C) FOR PURPOSES OF THIS SUBDIVISION, "YOUTH SERVICES ORGANIZATION" SHALL MEAN A FORMALIZED PROGRAM OPERATED BY A CORPORATION PURSUANT TO SUBPARAGRAPH FIVE OF PARAGRAPH (A) OF SECTION ONE HUNDRED TWO OF THE NOT-FOR-PROFIT CORPORATION LAW THAT FUNCTIONS PRIMARILY TO: (I) PROVIDE CHILDREN THE OPPORTUNITY TO PARTICIPATE IN ADULT-SUPERVISED SPORTING ACTIVITIES; OR (II) MATCH CHILDREN OR GROUPS OF CHILDREN WITH ADULT VOLUNTEERS FOR THE PURPOSE OF PROVIDING CHILDREN WITH POSITIVE ROLE MODELS TO ENHANCE THEIR DEVELOPMENT. 4. WHENEVER THERE IS REASONABLE CAUSE TO BELIEVE THAT ANY PERSON OR GROUP OF PERSONS IS ENGAGED IN A PATTERN OR PRACTICE OF MISUSE OF THE TELEPHONE NUMBER, THE ATTORNEY GENERAL, ANY DISTRICT ATTORNEY OR ANY PERSON AGGRIEVED BY THE MISUSE OF THE NUMBER IS AUTHORIZED TO BRING A CIVIL ACTION IN THE APPROPRIATE COURT REQUESTING PREVENTIVE RELIEF, INCLUDING AN APPLICATION FOR A PERMANENT OR TEMPORARY INJUNCTION, S. 6405--B 117 RESTRAINING ORDER OR OTHER ORDER AGAINST THE PERSON OR GROUP OF PERSONS RESPONSIBLE FOR THE PATTERN OR PRACTICE OF MISUSE. THE FOREGOING REME- DIES SHALL BE INDEPENDENT OF ANY OTHER REMEDIES OR PROCEDURES THAT MAY BE AVAILABLE TO AN AGGRIEVED PARTY UNDER OTHER PROVISIONS OF LAW. SUCH PERSON OR GROUP OF PERSONS SHALL BE SUBJECT TO A FINE OF NOT LESS THAN FIVE HUNDRED DOLLARS AND NOT MORE THAN ONE THOUSAND DOLLARS. 5. THE DIVISION SHALL SUBMIT TO THE LEGISLATURE AN ANNUAL REPORT ON THE OPERATION OF THE TELEPHONE NUMBER. THE ANNUAL REPORT SHALL INCLUDE, BUT NOT BE LIMITED TO, ALL OF THE FOLLOWING: (A) NUMBER OF CALLS RECEIVED; (B) A DETAILED OUTLINE OF THE AMOUNT OF MONEY EXPENDED AND THE MANNER IN WHICH IT WAS EXPENDED FOR PURPOSES OF THIS SECTION; (C) NUMBER OF CALLS THAT RESULTED IN AN AFFIRMATIVE RESPONSE AND THE NUMBER OF CALLS THAT RESULTED IN A NEGATIVE RESPONSE WITH REGARD TO WHETHER A NAMED INDIVIDUAL WAS LISTED; (D) NUMBER OF PERSONS LISTED; AND (E) A SUMMARY OF THE SUCCESS OF THE TELEPHONE NUMBER PROGRAM BASED UPON SELECTED FACTORS. S 165-L. IMMUNITY FROM LIABILITY. 1. NO OFFICIAL, EMPLOYEE OR AGENCY, WHETHER PUBLIC OR PRIVATE, SHALL BE SUBJECT TO ANY CIVIL OR CRIMINAL LIABILITY FOR DAMAGES FOR ANY DISCRETIONARY DECISION TO RELEASE RELEVANT AND NECESSARY INFORMATION PURSUANT TO THIS SECTION IF THAT OFFICIAL, EMPLOYEE OR AGENCY ACTED REASONABLY AND IN GOOD FAITH. THE IMMUNITY PROVIDED UNDER THIS SECTION APPLIES TO THE RELEASE OF RELEVANT INFORMA- TION TO OTHER EMPLOYEES OR OFFICIALS OR TO THE GENERAL PUBLIC. 2. NOTHING IN THIS SECTION SHALL BE DEEMED TO IMPOSE ANY CIVIL OR CRIMINAL LIABILITY UPON OR TO GIVE RISE TO A CAUSE OF ACTION AGAINST ANY OFFICIAL, EMPLOYEE OR AGENCY, WHETHER PUBLIC OR PRIVATE, FOR FAILING TO RELEASE INFORMATION AS AUTHORIZED IN THIS SECTION IF THAT OFFICIAL, EMPLOYEE OR AGENCY ACTED REASONABLY AND IN GOOD FAITH. S 165-M. ANNUAL REPORT. THE DIVISION SHALL ON OR BEFORE FEBRUARY FIRST IN EACH YEAR FILE A REPORT WITH THE GOVERNOR, AND THE LEGISLATURE DETAILING THE PROGRAM, COMPLIANCE WITH PROVISIONS OF THIS ARTICLE AND EFFECTIVENESS OF THE PROVISIONS OF THIS ARTICLE, TOGETHER WITH ANY RECOMMENDATIONS TO FURTHER ENHANCE THE INTENT OF THIS ARTICLE. S 165-N. FAILURE TO REGISTER; PENALTY. ANY PERSON REQUIRED TO REGISTER PURSUANT TO THE PROVISIONS OF THIS ARTICLE WHO FAILS TO REGISTER IN THE MANNER AND WITHIN THE TIME PERIODS PROVIDED FOR IN THIS ARTICLE SHALL BE GUILTY OF A CLASS E FELONY FOR THE FIRST OFFENSE, AND FOR A SECOND OR SUBSEQUENT OFFENSE SHALL BE GUILTY OF A CLASS D FELONY RESPECTIVELY IN ACCORDANCE WITH SECTIONS 195.03 AND 195.04 OF THE PENAL LAW. ANY SUCH FAILURE TO REGISTER MAY ALSO BE THE BASIS FOR REVOCATION OF PAROLE PURSUANT TO SECTION TWO HUNDRED FIFTY-NINE-I OF THE EXECUTIVE LAW WHICH SHALL BE IN ADDITION TO ANY OTHER PENALTIES PROVIDED BY LAW. S 165-O. UNAUTHORIZED RELEASE OF INFORMATION. THE UNAUTHORIZED RELEASE OF ANY INFORMATION REQUIRED BY THIS ARTICLE SHALL BE A CLASS B MISDEMEA- NOR. S 4. If any clause, sentence, paragraph, section or part of this section 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, section or part thereof directly involved in the controversy in which such judgment shall have been rendered. S 5. This act shall take effect immediately; provided, however, that section two of this act shall take effect on the first of November next succeeding the date on which it shall have become a law. S. 6405--B 118 PART W Section 1. The penal law is amended by adding two new sections 195.03 and 195.04 to read as follows: S 195.03 FAILURE TO REGISTER OR VERIFY AS A DOMESTIC ABUSE OFFENDER IN THE SECOND DEGREE. A PERSON IS GUILTY OF FAILURE TO REGISTER OR VERIFY AS A DOMESTIC ABUSE OFFENDER IN THE SECOND DEGREE WHEN, BEING A DOMESTIC ABUSE OFFEN- DER REQUIRED TO REGISTER OR VERIFY PURSUANT TO ARTICLE SIX-D OF THE CORRECTION LAW, HE OR SHE FAILS TO REGISTER OR VERIFY IN THE MANNER AND WITHIN THE TIME PERIODS PROVIDED FOR IN SUCH ARTICLE. FAILURE TO REGISTER OR VERIFY AS A DOMESTIC ABUSE OFFENDER IN THE SECOND DEGREE IS A CLASS E FELONY. S 195.04 FAILURE TO REGISTER OR VERIFY AS A DOMESTIC ABUSE OFFENDER IN THE FIRST DEGREE. A PERSON IS GUILTY OF FAILURE TO REGISTER OR VERIFY AS A DOMESTIC ABUSE OFFENDER IN THE FIRST DEGREE WHEN HE OR SHE COMMITS THE CRIME OF FAILURE TO REGISTER OR VERIFY AS A DOMESTIC ABUSE OFFENDER IN THE SECOND DEGREE AND HAS PREVIOUSLY BEEN CONVICTED OF FAILURE TO REGISTER OR VERI- FY AS A DOMESTIC ABUSE OFFENDER IN THE SECOND DEGREE AS DEFINED IN SECTION 195.03 OF THIS ARTICLE. FAILURE TO REGISTER OR VERIFY AS A DOMESTIC ABUSE OFFENDER IN THE FIRST DEGREE IS A CLASS D FELONY. S 2. The correction law is amended by adding a new article 6-D to read as follows: ARTICLE 6-D DANIELLE DIMEDICI, JESSICA TUSH AND BRITTANY PASSALACQUA'S LAW SECTION 169. SHORT TITLE. 169-A. DEFINITIONS. 169-B. DUTIES OF THE DIVISION; REGISTRATION INFORMATION. 169-C. DOMESTIC ABUSE OFFENDER; RELOCATION; NOTIFICATION. 169-D. DUTIES OF THE COURT. 169-E. DISCHARGE OF DOMESTIC ABUSE OFFENDER FROM CORRECTIONAL FACILITY; DUTIES OF OFFICIAL IN CHARGE. 169-F. DUTY TO REGISTER AND TO VERIFY. 169-G. PRIOR CONVICTIONS; DUTY TO INFORM AND REGISTER. 169-H. DURATION OF REGISTRATION AND VERIFICATION. 169-I. REGISTRATION AND VERIFICATION REQUIREMENTS. 169-J. NOTIFICATION OF LOCAL LAW ENFORCEMENT AGENCIES OF CHANGE OF ADDRESS. 169-K. REGISTRATION FOR CHANGE OF ADDRESS FROM ANOTHER STATE. 169-L. PETITION FOR RELIEF OR MODIFICATION. 169-M. SPECIAL TELEPHONE NUMBER. 169-N. DIRECTORY; INTERNET POSTING. 169-O. IMMUNITY FROM LIABILITY. 169-P. ANNUAL REPORT. 169-Q. FAILURE TO REGISTER; PENALTY. 169-R. UNAUTHORIZED RELEASE OF INFORMATION. 169-S. SEPARABILITY. S 169. SHORT TITLE. THIS ARTICLE SHALL BE KNOWN AND MAY BE CITED AS "DANIELLE DIMEDICI, JESSICA TUSH AND BRITTANY PASSALACQUA'S LAW". S 169-A. DEFINITIONS. AS USED IN THIS ARTICLE, THE FOLLOWING DEFI- NITIONS APPLY: 1. "DOMESTIC ABUSE OFFENDER" INCLUDES ANY PERSON WHO (A) IS CONVICTED OF ANY OF THE OFFENSES SET FORTH IN SUBDIVISION TWO OF THIS SECTION. CONVICTIONS THAT RESULT FROM OR ARE CONNECTED WITH THE SAME ACT, OR S. 6405--B 119 RESULT FROM OFFENSES COMMITTED AT THE SAME TIME, SHALL BE COUNTED FOR THE PURPOSE OF THIS ARTICLE AS ONE CONVICTION. ANY CONVICTION SET ASIDE PURSUANT TO LAW IS NOT A CONVICTION FOR PURPOSES OF THIS ARTICLE; OR (B) HAS BEEN DETERMINED BY THE COURT TO BE A DOMESTIC ABUSE OFFENDER BY A COURT PURSUANT TO SECTION 530.15 OR PARAGRAPH (C) OF SUBDIVISION ONE OF SECTION 530.12 OF THE CRIMINAL PROCEDURE LAW. 2. "DOMESTIC ABUSE OFFENSE" MEANS: (A) DISORDERLY CONDUCT, CRIMINAL OBSTRUCTION OF BREATHING OR BLOOD CIRCULATION, STRANGULATION IN THE FIRST DEGREE, STRANGULATION IN THE SECOND DEGREE, HARASSMENT IN THE FIRST DEGREE, HARASSMENT IN THE SECOND DEGREE, AGGRAVATED HARASSMENT IN THE SECOND DEGREE, STALKING IN THE FIRST DEGREE, STALKING IN THE SECOND DEGREE, STALKING IN THE THIRD DEGREE, STALKING IN THE FOURTH DEGREE, CRIMINAL MISCHIEF, MENACING IN THE SECOND DEGREE, MENACING IN THE THIRD DEGREE, RECKLESS ENDANGERMENT, ASSAULT IN THE SECOND DEGREE, ASSAULT IN THE THIRD DEGREE OR AN ATTEMPTED ASSAULT BETWEEN SPOUSES OR FORMER SPOUSES, OR BETWEEN PARENT AND CHILD OR BETWEEN MEMBERS OF THE SAME FAMILY OR HOUSEHOLD EXCEPT THAT IF THE RESPONDENT WOULD NOT BE CRIMINALLY RESPONSIBLE BY REASON OF AGE PURSUANT TO SECTION 30.00 OF THE PENAL LAW. FOR PURPOSES OF THIS SECTION, "DISORDERLY CONDUCT" INCLUDES DISORDERLY CONDUCT NOT IN A PUBLIC PLACE; OR (B) A CONVICTION OF (I) AN OFFENSE IN ANY OTHER JURISDICTION WHICH INCLUDES ALL OF THE ESSENTIAL ELEMENTS OF ANY SUCH CRIME PROVIDED FOR IN PARAGRAPH (A) OF THIS SUBDIVISION OR (II) A FELONY IN ANY OTHER JURIS- DICTION FOR WHICH THE OFFENDER IS REQUIRED TO REGISTER AS A DOMESTIC ABUSE OFFENDER IN THE JURISDICTION IN WHICH THE CONVICTION OCCURRED, PROVIDED THAT THE ELEMENTS OF SUCH CRIME OF CONVICTION ARE SUBSTANTIALLY THE SAME AS THOSE WHICH ARE A PART OF SUCH OFFENSE AS OF THE DATE ON WHICH THIS SECTION TAKES EFFECT. 3. FOR PURPOSES OF THIS SECTION, "MEMBERS OF THE SAME FAMILY OR HOUSE- HOLD" WITH RESPECT TO A PROCEEDING IN THE CRIMINAL COURTS SHALL MEAN THE FOLLOWING: (A) PERSONS RELATED BY CONSANGUINITY OR AFFINITY; (B) PERSONS LEGALLY MARRIED TO ONE ANOTHER; (C) PERSONS FORMERLY MARRIED TO ONE ANOTHER REGARDLESS OF WHETHER THEY STILL RESIDE IN THE SAME HOUSEHOLD; (D) PERSONS WHO HAVE A CHILD IN COMMON, REGARDLESS OF WHETHER SUCH PERSONS HAVE BEEN MARRIED OR HAVE LIVED TOGETHER AT ANY TIME; (E) PERSONS WHO ARE NOT RELATED BY CONSANGUINITY OR AFFINITY AND WHO ARE OR HAVE BEEN IN AN INTIMATE RELATIONSHIP REGARDLESS OF WHETHER SUCH PERSONS HAVE LIVED TOGETHER AT ANY TIME. FACTORS THE COURT MAY CONSIDER IN DETERMINING WHETHER A RELATIONSHIP IS AN "INTIMATE RELATIONSHIP" INCLUDE BUT ARE NOT LIMITED TO: THE NATURE OR TYPE OF RELATIONSHIP, REGARDLESS OF WHETHER THE RELATIONSHIP IS SEXUAL IN NATURE; THE FREQUEN- CY OF INTERACTION BETWEEN THE PERSONS; AND THE DURATION OF THE RELATION- SHIP. NEITHER A CASUAL ACQUAINTANCE NOR ORDINARY FRATERNIZATION BETWEEN TWO INDIVIDUALS IN BUSINESS OR SOCIAL CONTEXTS SHALL BE DEEMED TO CONSTITUTE AN "INTIMATE RELATIONSHIP"; AND (F) PERSONS RESIDING TOGETHER CONTINUALLY OR AT REGULAR INTERVALS, CURRENTLY OR IN THE PAST. 4. "LAW ENFORCEMENT AGENCY HAVING JURISDICTION" MEANS: (A) (I) THE CHIEF LAW ENFORCEMENT OFFICER IN THE VILLAGE, TOWN OR CITY IN WHICH THE DOMESTIC ABUSE OFFENDER EXPECTS TO RESIDE UPON HIS OR HER DISCHARGE, PROBATION, PAROLE, RELEASE TO POST-RELEASE SUPERVISION OR UPON ANY FORM OF STATE OR LOCAL CONDITIONAL RELEASE; OR (II) IF THERE BE NO CHIEF LAW ENFORCEMENT OFFICER IN SUCH VILLAGE, TOWN OR CITY, THE S. 6405--B 120 CHIEF LAW ENFORCEMENT OFFICER OF THE COUNTY IN WHICH THE OFFENDER EXPECTS TO RESIDE; OR (III) IF THERE BE NO CHIEF ENFORCEMENT OFFICER IN SUCH VILLAGE, TOWN, CITY OR COUNTY, THE DIVISION OF STATE POLICE; AND (B) IN THE CASE OF A DOMESTIC ABUSE OFFENDER WHO IS OR EXPECTS TO BE EMPLOYED BY, ENROLLED IN, ATTENDING OR EMPLOYED, WHETHER FOR COMPEN- SATION OR NOT, AT AN INSTITUTION OF HIGHER EDUCATION: (I) THE CHIEF LAW ENFORCEMENT OFFICER IN THE VILLAGE, TOWN OR CITY IN WHICH SUCH INSTITU- TION IS LOCATED; OR (II) IF THERE BE NO CHIEF LAW ENFORCEMENT OFFICER IN SUCH VILLAGE, TOWN OR CITY, THE CHIEF LAW ENFORCEMENT OFFICER OF THE COUNTY IN WHICH SUCH INSTITUTION IS LOCATED; OR (III) IF THERE BE NO CHIEF LAW ENFORCEMENT OFFICER IN SUCH VILLAGE, TOWN, CITY OR COUNTY, THE DIVISION OF STATE POLICE; AND (IV) IF SUCH INSTITUTION OPERATES OR EMPLOYS A CAMPUS LAW ENFORCEMENT OR SECURITY AGENCY, THE CHIEF OF SUCH AGENCY. 5. "DIVISION" MEANS THE DIVISION OF CRIMINAL JUSTICE SERVICES AS DEFINED BY SECTION EIGHT HUNDRED THIRTY-FIVE OF THE EXECUTIVE LAW. 6. "LOCAL CORRECTIONAL FACILITY" MEANS A LOCAL CORRECTIONAL FACILITY AS THAT TERM IS DEFINED IN SUBDIVISION SIXTEEN OF SECTION TWO OF THIS CHAPTER. 7. "PROBATION" MEANS A SENTENCE OF PROBATION IMPOSED PURSUANT TO ARTI- CLE SIXTY-FIVE OF THE PENAL LAW AND SHALL INCLUDE A SENTENCE OF IMPRI- SONMENT IMPOSED IN CONJUNCTION WITH A SENTENCE OF PROBATION. 8. "NONRESIDENT WORKER" MEANS ANY PERSON REQUIRED TO REGISTER AS A DOMESTIC ABUSE OFFENDER IN ANOTHER JURISDICTION WHO IS EMPLOYED OR CARRIES ON A VOCATION IN THIS STATE, ON EITHER A FULL-TIME OR A PART-TIME BASIS, WITH OR WITHOUT COMPENSATION, FOR MORE THAN FOURTEEN CONSECUTIVE DAYS, OR FOR AN AGGREGATE PERIOD EXCEEDING THIRTY DAYS IN A CALENDAR YEAR. 9. "NONRESIDENT STUDENT" MEANS A PERSON REQUIRED TO REGISTER AS A DOMESTIC ABUSE OFFENDER IN ANOTHER JURISDICTION WHO IS ENROLLED ON A FULL-TIME OR PART-TIME BASIS IN ANY PUBLIC OR PRIVATE EDUCATIONAL INSTI- TUTION IN THIS STATE INCLUDING ANY SECONDARY SCHOOL, TRADE OR PROFES- SIONAL INSTITUTION OR INSTITUTION OF HIGHER EDUCATION. S 169-B. DUTIES OF THE DIVISION; REGISTRATION INFORMATION. 1. THE DIVISION SHALL ESTABLISH AND MAINTAIN A FILE OF INDIVIDUALS REQUIRED TO REGISTER PURSUANT TO THE PROVISIONS OF THIS ARTICLE WHICH SHALL INCLUDE THE FOLLOWING INFORMATION OF EACH REGISTRANT: (A) THE DOMESTIC ABUSE OFFENDER'S NAME, ALL ALIASES USED, DATE OF BIRTH, SEX, RACE, HEIGHT, WEIGHT, EYE COLOR, DRIVER'S LICENSE NUMBER, AND HOME ADDRESS AND/OR EXPECTED PLACE OF DOMICILE. (B) A PHOTOGRAPH AND SET OF FINGERPRINTS. (C) A DESCRIPTION OF THE OFFENSE FOR WHICH THE DOMESTIC ABUSE OFFENDER WAS CONVICTED, THE DATE OF CONVICTION AND THE SENTENCE IMPOSED. (D) THE NAME AND ADDRESS OF ANY INSTITUTION OF HIGHER EDUCATION AT WHICH THE DOMESTIC ABUSE OFFENDER IS OR EXPECTS TO BE ENROLLED, ATTEND- ING OR EMPLOYED, WHETHER FOR COMPENSATION OR NOT, AND WHETHER SUCH DOMESTIC ABUSE OFFENDER RESIDES IN OR WILL RESIDE IN A FACILITY OWNED OR OPERATED BY SUCH INSTITUTION. (E) ANY OTHER INFORMATION DEEMED PERTINENT BY THE DIVISION. 2. (A) THE DIVISION IS AUTHORIZED TO MAKE THE REGISTRY AVAILABLE TO ANY REGIONAL OR NATIONAL REGISTRY OF DOMESTIC ABUSE OFFENDERS FOR THE PURPOSE OF SHARING INFORMATION. THE DIVISION SHALL ACCEPT FILES FROM ANY REGIONAL OR NATIONAL REGISTRY OF DOMESTIC ABUSE OFFENDERS AND SHALL MAKE SUCH FILES AVAILABLE WHEN REQUESTED PURSUANT TO THE PROVISIONS OF THIS ARTICLE. S. 6405--B 121 (B) THE DIVISION SHALL REQUIRE THAT NO INFORMATION INCLUDED IN THE REGISTRY SHALL BE MADE AVAILABLE EXCEPT IN THE FURTHERANCE OF THE PROVISIONS OF THIS ARTICLE. 3. THE DIVISION SHALL DEVELOP A STANDARDIZED REGISTRATION FORM TO BE MADE AVAILABLE TO THE APPROPRIATE AUTHORITIES AND PROMULGATE RULES AND REGULATIONS TO IMPLEMENT THE PROVISIONS OF THIS SECTION. SUCH FORM SHALL BE WRITTEN IN CLEAR AND CONCISE LANGUAGE AND SHALL ADVISE THE DOMESTIC ABUSE OFFENDER OF HIS OR HER DUTIES AND OBLIGATIONS UNDER THIS ARTICLE. 4. THE DIVISION SHALL MAIL A NONFORWARDABLE VERIFICATION FORM TO THE LAST REPORTED ADDRESS OF THE PERSON FOR ANNUAL VERIFICATION REQUIRE- MENTS. 5. THE DIVISION SHALL ESTABLISH AND OPERATE A TELEPHONE NUMBER AS PROVIDED FOR IN SECTION ONE HUNDRED SIXTY-NINE-M OF THIS ARTICLE. 6. THE DIVISION SHALL ESTABLISH A DIRECTORY PURSUANT TO SECTION ONE HUNDRED SIXTY-NINE-N OF THIS ARTICLE. 7. THE DIVISION SHALL ESTABLISH A PUBLIC AWARENESS CAMPAIGN TO ADVISE THE PUBLIC OF THE PROVISIONS OF THIS ARTICLE. 8. (A) THE DIVISION SHALL CHARGE AN ADMINISTRATIVE FEE TO A DOMESTIC ABUSE OFFENDER TO COVER THE COST OF INCLUSION ON THE REGISTRY. SUCH FEE SHALL BE SET AT A REASONABLE RATE TO BE DETERMINED PERIODICALLY BY THE DIVISION. (B) THE DIVISION SHALL CHARGE A FEE OF TEN DOLLARS EACH TIME A DOMES- TIC ABUSE OFFENDER REGISTERS ANY CHANGE OF ADDRESS OR ANY CHANGE OF HIS OR HER STATUS OF ENROLLMENT, ATTENDANCE, EMPLOYMENT OR RESIDENCE AT ANY INSTITUTION OF HIGHER EDUCATION AS REQUIRED BY SUBDIVISION THREE OF SECTION ONE HUNDRED SIXTY-NINE-F OF THIS ARTICLE. THE FEE SHALL BE PAID TO THE DIVISION BY THE DOMESTIC ABUSE OFFENDER. THE STATE COMPTROLLER IS HEREBY AUTHORIZED TO DEPOSIT SUCH FEES INTO THE GENERAL FUND. S 169-C. DOMESTIC ABUSE OFFENDER; RELOCATION; NOTIFICATION. 1. IN THE CASE OF ANY DOMESTIC ABUSE OFFENDER, IT SHALL BE THE DUTY OF THE DEPART- MENT OR LOCAL CORRECTIONAL FACILITY AT LEAST TEN CALENDAR DAYS PRIOR TO THE RELEASE OR DISCHARGE OF ANY DOMESTIC ABUSE OFFENDER FROM A CORREC- TIONAL FACILITY OR LOCAL CORRECTIONAL FACILITY TO NOTIFY THE DIVISION OF THE CONTEMPLATED RELEASE OR DISCHARGE OF SUCH DOMESTIC ABUSE OFFENDER, INFORMING THE DIVISION IN WRITING ON A FORM PROVIDED BY THE DIVISION INDICATING THE ADDRESS AT WHICH HE OR SHE PROPOSES TO RESIDE AND THE NAME AND ADDRESS OF ANY INSTITUTION OF HIGHER EDUCATION AT WHICH HE OR SHE EXPECTS TO BE ENROLLED, ATTENDING OR EMPLOYED, WHETHER FOR COMPEN- SATION OR NOT, AND WHETHER HE OR SHE RESIDES IN OR WILL RESIDE IN A FACILITY OWNED OR OPERATED BY SUCH INSTITUTION. IF SUCH DOMESTIC ABUSE OFFENDER CHANGES HIS OR HER PLACE OF RESIDENCE WHILE ON PAROLE, SUCH NOTIFICATION OF THE CHANGE OF RESIDENCE SHALL BE SENT BY THE DOMESTIC ABUSE OFFENDER'S PAROLE OFFICER WITHIN FORTY-EIGHT HOURS TO THE DIVISION ON A FORM PROVIDED BY THE DIVISION. IF SUCH DOMESTIC ABUSE OFFENDER CHANGES THE STATUS OF HIS OR HER ENROLLMENT, ATTENDANCE, EMPLOYMENT OR RESIDENCE AT ANY INSTITUTION OF HIGHER EDUCATION WHILE ON PAROLE, SUCH NOTIFICATION OF THE CHANGE OF STATUS SHALL BE SENT BY THE DOMESTIC ABUSE OFFENDER'S PAROLE OFFICER WITHIN FORTY-EIGHT HOURS TO THE DIVISION ON A FORM PROVIDED BY THE DIVISION. 2. IN THE CASE OF ANY DOMESTIC ABUSE OFFENDER ON PROBATION, IT SHALL BE THE DUTY OF THE DOMESTIC ABUSE OFFENDER'S PROBATION OFFICER TO NOTIFY THE DIVISION WITHIN FORTY-EIGHT HOURS OF THE NEW PLACE OF RESIDENCE ON A FORM PROVIDED BY THE DIVISION. IF SUCH DOMESTIC ABUSE OFFENDER CHANGES THE STATUS OF HIS OR HER ENROLLMENT, ATTENDANCE, EMPLOYMENT OR RESIDENCE AT ANY INSTITUTION OF HIGHER EDUCATION WHILE ON PROBATION, SUCH NOTIFI- CATION OF THE CHANGE OF STATUS SHALL BE SENT BY THE DOMESTIC ABUSE S. 6405--B 122 OFFENDER'S PROBATION OFFICER WITHIN FORTY-EIGHT HOURS TO THE DIVISION ON A FORM PROVIDED BY THE DIVISION. 3. IN THE CASE IN WHICH ANY DOMESTIC ABUSE OFFENDER ESCAPES FROM A STATE OR LOCAL CORRECTIONAL FACILITY, THE DESIGNATED OFFICIAL OF THE FACILITY WHERE THE DOMESTIC ABUSE OFFENDER WAS CONFINED SHALL NOTIFY WITHIN TWENTY-FOUR HOURS THE LAW ENFORCEMENT AGENCY HAVING HAD JURISDIC- TION AT THE TIME OF HIS OR HER CONVICTION, INFORMING SUCH LAW ENFORCE- MENT AGENCY OF THE NAME AND ALIASES OF THE DOMESTIC ABUSE OFFENDER, AND THE ADDRESS AT WHICH HE OR SHE RESIDED AT THE TIME OF HIS OR HER CONVICTION, THE AMOUNT OF TIME REMAINING TO BE SERVED, IF ANY, ON THE FULL TERM FOR WHICH HE OR SHE WAS SENTENCED, AND THE NATURE OF THE CRIME FOR WHICH HE OR SHE WAS SENTENCED, TRANSMITTING AT THE SAME TIME A COPY OF SUCH DOMESTIC ABUSE OFFENDER'S FINGERPRINTS AND PHOTOGRAPH AND A SUMMARY OF HIS OR HER CRIMINAL RECORD. 4. THE DIVISION SHALL PROVIDE GENERAL INFORMATION, IN REGISTRATION MATERIALS AND ANNUAL CORRESPONDENCE, TO REGISTRANTS CONCERNING NOTIFICA- TION AND REGISTRATION PROCEDURES THAT MAY APPLY IF THE REGISTRANT IS AUTHORIZED TO RELOCATE AND RELOCATES TO ANOTHER STATE OR UNITED STATES POSSESSION, OR COMMENCES EMPLOYMENT OR ATTENDANCE AT AN EDUCATIONAL INSTITUTION IN ANOTHER STATE OR UNITED STATES POSSESSION. SUCH INFORMA- TION SHALL INCLUDE ADDRESSES AND TELEPHONE NUMBERS FOR RELEVANT AGENCIES FROM WHICH ADDITIONAL INFORMATION MAY BE OBTAINED. S 169-D. DUTIES OF THE COURT. 1. UPON CONVICTION OF ANY OF THE OFFENSES SET FORTH IN SUBDIVISION TWO OF SECTION ONE HUNDRED SIXTY-NINE-A OF THIS ARTICLE THE COURT SHALL CERTIFY THAT THE PERSON IS A DOMESTIC ABUSE OFFENDER AND SHALL INCLUDE THE CERTIFICATION IN THE JUDGMENT OF CONVICTION. THE COURT SHALL ALSO ADVISE THE DOMESTIC ABUSE OFFENDER OF HIS OR HER DUTIES UNDER THIS ARTICLE. FAILURE TO INCLUDE THE CERTIFICATION IN THE JUDGMENT OF CONVICTION SHALL NOT RELIEVE A DOMESTIC ABUSE OFFENDER OF THE OBLIGATIONS IMPOSED BY THIS ARTICLE. 2. ANY DOMESTIC ABUSE OFFENDER WHO HAS BEEN CONVICTED OF A VIOLENT FELONY OR TWO OR MORE MISDEMEANORS AGAINST A PERSON WHO IS A MEMBER OF SUCH OFFENDER'S FAMILY OR HOUSEHOLD AS DEFINED IN SECTION 530.12 OF THE CRIMINAL PROCEDURE LAW, WHO IS RELEASED ON PROBATION OR DISCHARGED UPON PAYMENT OF A FINE, CONDITIONAL DISCHARGE OR UNCONDITIONAL DISCHARGE SHALL, PRIOR TO SUCH RELEASE OR DISCHARGE, BE INFORMED OF HIS OR HER DUTY TO REGISTER UNDER THIS ARTICLE BY THE COURT IN WHICH HE OR SHE WAS CONVICTED. AT THE TIME SENTENCE IS IMPOSED, SUCH DOMESTIC ABUSE OFFENDER SHALL REGISTER WITH THE DIVISION ON A FORM PREPARED BY THE DIVISION. THE COURT SHALL REQUIRE THE DOMESTIC ABUSE OFFENDER TO READ AND SIGN SUCH FORM AND TO COMPLETE THE REGISTRATION PORTION OF SUCH FORM. THE COURT SHALL ON SUCH FORM OBTAIN THE ADDRESS WHERE THE DOMESTIC ABUSE OFFENDER EXPECTS TO RESIDE UPON HIS OR HER RELEASE, AND THE NAME AND ADDRESS OF ANY INSTITUTION OF HIGHER EDUCATION HE OR SHE EXPECTS TO BE EMPLOYED BY, ENROLLED IN, ATTENDING OR EMPLOYED, WHETHER FOR COMPENSATION OR NOT, AND WHETHER HE OR SHE EXPECTS TO RESIDE IN A FACILITY OWNED OR OPERATED BY SUCH AN INSTITUTION, AND SHALL REPORT SUCH INFORMATION TO THE DIVISION. THE COURT SHALL GIVE ONE COPY OF THE FORM TO THE DOMESTIC ABUSE OFFENDER AND SHALL SEND TWO COPIES TO THE DIVISION WHICH SHALL FORWARD THE INFOR- MATION TO THE LAW ENFORCEMENT AGENCIES HAVING JURISDICTION. WHERE THE COURT ORDERS A DOMESTIC ABUSE OFFENDER RELEASED ON PROBATION, SUCH ORDER MUST INCLUDE A PROVISION REQUIRING THAT HE OR SHE COMPLY WITH THE REQUIREMENTS OF THIS ARTICLE. WHERE SUCH DOMESTIC ABUSE OFFENDER VIOLATES SUCH PROVISION, PROBATION MAY BE IMMEDIATELY REVOKED IN THE MANNER PROVIDED BY ARTICLE FOUR HUNDRED TEN OF THE CRIMINAL PROCEDURE LAW. S. 6405--B 123 3. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, IT SHALL BE IN THE COURTS DISCRETION TO REQUIRE AN OFFENDER TO REGISTER PURSUANT TO THIS ARTICLE. IN DETERMINING WHETHER AN OFFENDER SHOULD BE ON THE REGISTRY, A JUDGE SHALL CONSIDER, AMONG OTHER THINGS, WHETHER THE OFFENDER IS A VICTIM WHO WAS DEFENDING HIMSELF OR HERSELF AND THE OFFENDER'S HISTORY OF AND PROPENSITY FOR VIOLENCE. IN ADDITION, A JUDGE MAY REQUIRE A THREAT ASSESSMENT OF FUTURE RISK, UTILIZING METHODS SUCH AS A DOMESTIC VIOLENCE MOSAIC, A DANGER ASSESSMENT, A DOMESTIC VIOLENCE SCREENING INSTRUMENT OR A KINGSTON SCREENING INSTRUMENT FOR DOMESTIC VIOLENCE OR OTHER THREAT ASSESSMENT AS THE COURT MAY DEEM APPROPRIATE. 4. THE COURT SHALL PROVIDE REASONABLE OPPORTUNITY TO A VICTIM TO OBJECT TO AN OFFENDER'S INCLUSION IN THE REGISTRY AND SHALL TAKE SUCH INFORMATION INTO ACCOUNT WHILE DETERMINING THE OFFENDER'S INCLUSION PURSUANT TO SUBDIVISION THREE OF THIS SECTION. S 169-E. DISCHARGE OF DOMESTIC ABUSE OFFENDER FROM CORRECTIONAL FACIL- ITY; DUTIES OF OFFICIAL IN CHARGE. 1. ANY DOMESTIC ABUSE OFFENDER, TO BE DISCHARGED, PAROLED, RELEASED TO POST-RELEASE SUPERVISION OR RELEASED FROM ANY STATE OR LOCAL CORRECTIONAL FACILITY, SHALL AT LEAST FIFTEEN CALENDAR DAYS PRIOR TO DISCHARGE, PAROLE OR RELEASE, BE INFORMED OF HIS OR HER DUTY TO REGISTER UNDER THIS ARTICLE, BY THE FACILITY IN WHICH HE OR SHE WAS CONFINED. THE FACILITY SHALL REQUIRE THE DOMESTIC ABUSE OFFENDER TO READ AND SIGN SUCH FORM AS MAY BE REQUIRED BY THE DIVISION STATING THE DUTY TO REGISTER AND THE PROCEDURE FOR REGISTRATION HAS BEEN EXPLAINED TO HIM OR HER AND TO COMPLETE THE REGISTRATION PORTION OF SUCH FORM. THE FACILITY SHALL OBTAIN ON SUCH FORM THE ADDRESS WHERE THE DOMESTIC ABUSE OFFENDER EXPECTS TO RESIDE UPON HIS OR HER DISCHARGE, PAROLE OR RELEASE AND THE NAME AND ADDRESS OF ANY INSTITUTION OF HIGHER EDUCATION HE OR SHE EXPECTS TO BE EMPLOYED BY, ENROLLED IN, ATTENDING OR EMPLOYED, WHETHER FOR COMPENSATION OR NOT, AND WHETHER HE OR SHE EXPECTS TO RESIDE IN A FACILITY OWNED OR OPERATED BY SUCH AN INSTITUTION, AND SHALL REPORT SUCH INFORMATION TO THE DIVISION. THE FACILITY SHALL GIVE ONE COPY OF THE FORM TO THE DOMESTIC ABUSE OFFENDER, RETAIN ONE COPY AND SHALL SEND ONE COPY TO THE DIVISION WHICH SHALL PROVIDE THE INFORMATION TO THE LAW ENFORCEMENT AGENCIES HAVING JURISDICTION. THE FACILITY SHALL GIVE THE DOMESTIC ABUSE OFFENDER A FORM PREPARED BY THE DIVISION, TO REGISTER WITH THE DIVISION AT LEAST FIFTEEN CALENDAR DAYS PRIOR TO RELEASE AND SUCH FORM SHALL BE COMPLETED, SIGNED BY THE DOMESTIC ABUSE OFFENDER AND SENT TO THE DIVISION BY THE FACILITY AT LEAST TEN DAYS PRIOR TO THE DOMESTIC ABUSE OFFENDER'S RELEASE OR DISCHARGE. 2. THE DIVISION SHALL ALSO IMMEDIATELY TRANSMIT THE CONVICTION DATA AND FINGERPRINTS TO THE FEDERAL BUREAU OF INVESTIGATION IF NOT ALREADY OBTAINED. S 169-F. DUTY TO REGISTER AND TO VERIFY. 1. ANY DOMESTIC ABUSE OFFEN- DER SHALL (A) AT LEAST TEN CALENDAR DAYS PRIOR TO DISCHARGE, PAROLE, RELEASE TO POST-RELEASE SUPERVISION OR RELEASE FROM ANY STATE OR LOCAL CORRECTIONAL FACILITY WHERE HE OR SHE WAS CONFINED, OR (B) IF RELEASED ON PROBATION OR DISCHARGED UPON PAYMENT OF A FINE, CONDITIONAL DISCHARGE OR UNCONDITIONAL DISCHARGE, AT THE TIME SENTENCE IS IMPOSED, REGISTER WITH THE DIVISION ON A FORM PREPARED BY THE DIVISION. 2. ANY DOMESTIC ABUSE OFFENDER REQUIRED TO REGISTER UNDER THIS ARTICLE SHALL ON OR BEFORE EACH ANNIVERSARY OF THE DOMESTIC ABUSE OFFENDER'S INITIAL REGISTRATION DATE DURING THE PERIOD IN WHICH HE OR SHE IS REQUIRED TO REGISTER VERIFY THAT HE OR SHE STILL RESIDES AT THE ADDRESS LAST REPORTED TO THE DIVISION. 3. ANY DOMESTIC ABUSE OFFENDER SHALL REGISTER WITH THE DIVISION NO LATER THAN TEN CALENDAR DAYS AFTER ANY CHANGE OF ADDRESS OR ANY CHANGE S. 6405--B 124 OF HIS OR HER STATUS OF ENROLLMENT, ATTENDANCE, EMPLOYMENT OR RESIDENCE AT ANY INSTITUTION OF HIGHER EDUCATION. A FEE OF TEN DOLLARS, AS AUTHOR- IZED BY SUBDIVISION EIGHT OF SECTION ONE HUNDRED SIXTY-NINE-B OF THIS ARTICLE, SHALL BE SUBMITTED BY THE DOMESTIC ABUSE OFFENDER EACH TIME SUCH DOMESTIC ABUSE OFFENDER REGISTERS ANY CHANGE OF ADDRESS OR ANY CHANGE OF HIS OR HER STATUS OF ENROLLMENT, ATTENDANCE, EMPLOYMENT OR RESIDENCE AT ANY INSTITUTION OF HIGHER EDUCATION. ANY FAILURE OR OMIS- SION TO SUBMIT THE REQUIRED FEE SHALL NOT AFFECT THE ACCEPTANCE BY THE DIVISION OF THE CHANGE OF ADDRESS OR CHANGE OF STATUS. 4. THE DUTY TO REGISTER UNDER THE PROVISIONS OF THIS ARTICLE SHALL NOT BE APPLICABLE TO ANY DOMESTIC ABUSE OFFENDER WHOSE CONVICTION WAS REVERSED UPON APPEAL OR WHO WAS PARDONED BY THE GOVERNOR. 5. ANY NONRESIDENT WORKER OR NONRESIDENT STUDENT, AS DEFINED IN SUBDI- VISIONS EIGHT AND NINE OF SECTION ONE HUNDRED SIXTY-NINE-A OF THIS ARTI- CLE, SHALL REGISTER HIS OR HER CURRENT ADDRESS AND THE ADDRESS OF HIS OR HER PLACE OF EMPLOYMENT OR EDUCATIONAL INSTITUTION ATTENDED WITH THE DIVISION WITHIN TEN CALENDAR DAYS AFTER SUCH NONRESIDENT WORKER OR NONRESIDENT STUDENT COMMENCES EMPLOYMENT OR ATTENDANCE AT AN EDUCATIONAL INSTITUTION IN THE STATE. ANY NONRESIDENT WORKER OR NONRESIDENT STUDENT SHALL NOTIFY THE DIVISION OF ANY CHANGE OF RESIDENCE, EMPLOYMENT OR EDUCATIONAL INSTITUTION ADDRESS NO LATER THAN TEN DAYS AFTER SUCH CHANGE. THE DIVISION SHALL NOTIFY THE LAW ENFORCEMENT AGENCY WHERE THE NONRESIDENT WORKER IS EMPLOYED OR THE EDUCATIONAL INSTITUTION IS LOCATED THAT A NONRESIDENT WORKER OR NONRESIDENT STUDENT IS PRESENT IN THAT AGENCY'S JURISDICTION. S 169-G. PRIOR CONVICTIONS; DUTY TO INFORM AND REGISTER. 1. EVERY DOMESTIC ABUSE OFFENDER WHO ON THE EFFECTIVE DATE OF THIS ARTICLE IS THEN ON PAROLE OR PROBATION FOR AN OFFENSE PROVIDED FOR IN SUBDIVISION TWO OF SECTION ONE HUNDRED SIXTY-NINE-A OF THIS ARTICLE SHALL WITHIN THIRTY CALENDAR DAYS OF SUCH EFFECTIVE DATE REGISTER WITH HIS OR HER PAROLE OR PROBATION OFFICER. ANY DOMESTIC ABUSE OFFENDER WHO FAILS OR REFUSES TO SO COMPLY SHALL BE SUBJECT TO THE SAME PENALTIES AS OTHERWISE PROVIDED FOR IN THIS ARTICLE WHICH WOULD BE IMPOSED UPON A DOMESTIC ABUSE OFFENDER WHO FAILS OR REFUSES TO SO COMPLY WITH THE PROVISIONS OF THIS ARTICLE ON OR AFTER SUCH EFFECTIVE DATE. 2. IT SHALL BE THE DUTY OF THE PAROLE OR PROBATION OFFICER TO INFORM AND REGISTER SUCH DOMESTIC ABUSE OFFENDER ACCORDING TO THE REQUIREMENTS IMPOSED BY THIS ARTICLE. A PAROLE OR PROBATION OFFICER SHALL GIVE ONE COPY OF THE FORM TO THE DOMESTIC ABUSE OFFENDER AND SHALL, WITHIN THREE CALENDAR DAYS, SEND TWO COPIES ELECTRONICALLY OR OTHERWISE TO THE DIVI- SION WHICH SHALL FORWARD ONE COPY ELECTRONICALLY OR OTHERWISE TO THE LAW ENFORCEMENT AGENCY HAVING JURISDICTION WHERE THE DOMESTIC ABUSE OFFENDER RESIDES UPON HIS OR HER PAROLE, PROBATION, OR UPON ANY FORM OF STATE OR LOCAL CONDITIONAL RELEASE. S 169-H. DURATION OF REGISTRATION AND VERIFICATION. THE DURATION OF REGISTRATION AND VERIFICATION FOR A DOMESTIC ABUSE OFFENDER SHALL BE FOR A PERIOD OF FIVE TO TEN YEARS FROM THE INITIAL DATE OF REGISTRATION, AS DETERMINED BY THE COURT, OR WHILE A PERMANENT ORDER OF PROTECTION EXISTS AGAINST THE DOMESTIC ABUSE OFFENDER WHICHEVER IS LONGER. S 169-I. REGISTRATION AND VERIFICATION REQUIREMENTS. REGISTRATION AND VERIFICATION AS REQUIRED BY THIS ARTICLE SHALL CONSIST OF A STATEMENT IN WRITING SIGNED BY THE DOMESTIC ABUSE OFFENDER GIVING THE INFORMATION THAT IS REQUIRED BY THE DIVISION AND THE DIVISION SHALL ENTER THE INFOR- MATION INTO AN APPROPRIATE ELECTRONIC DATA BASE OR FILE. S 169-J. NOTIFICATION OF LOCAL LAW ENFORCEMENT AGENCIES OF CHANGE OF ADDRESS. 1. UPON RECEIPT OF A CHANGE OF ADDRESS BY A DOMESTIC ABUSE S. 6405--B 125 OFFENDER REQUIRED TO REGISTER UNDER THIS ARTICLE, THE DIVISION SHALL NOTIFY THE LOCAL LAW ENFORCEMENT AGENCY HAVING JURISDICTION OF THE NEW PLACE OF RESIDENCE AND THE LOCAL LAW ENFORCEMENT AGENCY WHERE THE DOMES- TIC ABUSE OFFENDER LAST RESIDED OF THE NEW PLACE OF RESIDENCE. 2. THE DIVISION SHALL, IF THE DOMESTIC ABUSE OFFENDER CHANGES RESI- DENCE TO ANOTHER STATE, NOTIFY THE APPROPRIATE AGENCY WITHIN THAT STATE OF THE NEW PLACE OF RESIDENCE. 3. UPON RECEIPT OF A CHANGE IN THE STATUS OF THE ENROLLMENT, ATTEND- ANCE, EMPLOYMENT OR RESIDENCE AT AN INSTITUTION OF HIGHER EDUCATION BY A DOMESTIC ABUSE OFFENDER REQUIRED TO REGISTER UNDER THIS ARTICLE, THE DIVISION SHALL NOTIFY EACH LAW ENFORCEMENT AGENCY HAVING JURISDICTION WHICH IS AFFECTED BY SUCH CHANGE. S 169-K. REGISTRATION FOR CHANGE OF ADDRESS FROM ANOTHER STATE. 1. A DOMESTIC ABUSE OFFENDER WHO HAS BEEN CONVICTED OF AN OFFENSE WHICH REQUIRES REGISTRATION UNDER PARAGRAPH (B) OF SUBDIVISION TWO OF SECTION ONE HUNDRED SIXTY-NINE-A OF THIS ARTICLE SHALL NOTIFY THE DIVISION OF THE NEW ADDRESS NO LATER THAN TEN CALENDAR DAYS AFTER SUCH DOMESTIC ABUSE OFFENDER ESTABLISHES RESIDENCE IN THIS STATE. 2. THE DIVISION SHALL UNDERTAKE AN INFORMATION CAMPAIGN DESIGNED TO PROVIDE INFORMATION TO OFFICIALS AND APPROPRIATE INDIVIDUALS IN OTHER STATES AND UNITED STATES POSSESSIONS CONCERNING THE NOTIFICATION PROCE- DURES REQUIRED BY THIS ARTICLE. SUCH INFORMATION CAMPAIGN SHALL BE ONGO- ING, AND SHALL INCLUDE, BUT NOT BE LIMITED TO, LETTERS, NOTICE FORMS AND SIMILAR MATERIALS PROVIDING RELEVANT INFORMATION ABOUT THIS ARTICLE AND THE SPECIFIC PROCEDURES REQUIRED TO EFFECT NOTIFICATION. SUCH MATERIALS SHALL INCLUDE AN ADDRESS AND TELEPHONE NUMBER WHICH SUCH OFFICIALS AND INDIVIDUALS IN OTHER STATES AND UNITED STATES POSSESSIONS MAY USE TO OBTAIN ADDITIONAL INFORMATION. S 169-L. PETITION FOR RELIEF OR MODIFICATION. ANY DOMESTIC ABUSE OFFENDER WHO IS REQUIRED TO REGISTER OR VERIFY PURSUANT TO THIS ARTICLE AND WHO HAS BEEN REGISTERED FOR A MINIMUM PERIOD OF TEN YEARS MAY BE RELIEVED OF ANY FURTHER DUTY TO REGISTER UPON THE GRANTING OF A PETITION FOR RELIEF BY THE SENTENCING COURT OR BY THE COURT WHICH MADE THE DETER- MINATION REGARDING DURATION OF REGISTRATION AND LEVEL OF NOTIFICATION. THE OFFENDER SHALL BEAR THE BURDEN OF PROVING BY CLEAR AND CONVINCING EVIDENCE THAT HIS OR HER RISK OF REPEAT OFFENSE AND THREAT TO PUBLIC SAFETY IS SUCH THAT REGISTRATION OR VERIFICATION IS NO LONGER NECESSARY. SUCH PETITION, IF GRANTED, SHALL NOT RELIEVE THE PETITIONER OF THE DUTY TO REGISTER PURSUANT TO THIS ARTICLE UPON CONVICTION OF ANY OFFENSE REQUIRING REGISTRATION IN THE FUTURE. SUCH A PETITION SHALL NOT BE CONSIDERED MORE THAN ONCE EVERY TWO YEARS. IN THE EVENT THAT THE DOMES- TIC ABUSE OFFENDER'S PETITION FOR RELIEF IS GRANTED, THE DISTRICT ATTOR- NEY MAY APPEAL AS OF RIGHT FROM THE ORDER PURSUANT TO THE PROVISIONS OF ARTICLES FIFTY-FIVE, FIFTY-SIX AND FIFTY-SEVEN OF THE CIVIL PRACTICE LAW AND RULES. WHERE COUNSEL HAS BEEN ASSIGNED TO REPRESENT THE DOMESTIC ABUSE OFFENDER UPON THE GROUND THAT THE DOMESTIC ABUSE OFFENDER IS FINANCIALLY UNABLE TO RETAIN COUNSEL, THAT ASSIGNMENT SHALL BE CONTINUED THROUGHOUT THE PENDENCY OF THE APPEAL, AND THE PERSON MAY APPEAL AS A POOR PERSON PURSUANT TO ARTICLE EIGHTEEN-B OF THE COUNTY LAW. S 169-M. SPECIAL TELEPHONE NUMBER. 1. PURSUANT TO SECTION ONE HUNDRED SIXTY-NINE-B OF THIS ARTICLE, THE DIVISION SHALL OPERATE A TELEPHONE NUMBER THAT MEMBERS OF THE PUBLIC MAY CALL FREE OF CHARGE AND INQUIRE WHETHER A NAMED INDIVIDUAL REQUIRED TO REGISTER PURSUANT TO THIS ARTICLE IS LISTED. THE DIVISION SHALL ASCERTAIN WHETHER A NAMED PERSON REASON- ABLY APPEARS TO BE A PERSON SO LISTED AND PROVIDE THE CALLER WITH THE RELEVANT INFORMATION. THE DIVISION SHALL DECIDE WHETHER THE NAMED PERSON S. 6405--B 126 REASONABLY APPEARS TO BE A PERSON LISTED, BASED UPON INFORMATION FROM THE CALLER PROVIDING INFORMATION THAT SHALL INCLUDE (A) AN EXACT STREET ADDRESS, INCLUDING APARTMENT NUMBER, DRIVER'S LICENSE NUMBER OR BIRTH DATE, ALONG WITH ADDITIONAL INFORMATION THAT MAY INCLUDE SOCIAL SECURITY NUMBER, HAIR COLOR, EYE COLOR, HEIGHT, WEIGHT, DISTINCTIVE MARKINGS, ETHNICITY; OR (B) ANY COMBINATION OF THE ABOVE LISTED CHARACTERISTICS IF AN EXACT BIRTH DATE OR ADDRESS IS NOT AVAILABLE. IF THREE OF THE CHARAC- TERISTICS PROVIDED INCLUDE ETHNICITY, HAIR COLOR, AND EYE COLOR, OTHER IDENTIFYING CHARACTERISTICS SHALL BE PROVIDED. ANY INFORMATION IDENTIFY- ING THE VICTIM BY NAME, BIRTH DATE, ADDRESS OR RELATION TO THE PERSON LISTED BY THE DIVISION SHALL BE EXCLUDED BY THE DIVISION. 2. WHEN THE TELEPHONE NUMBER IS CALLED, A PREAMBLE SHALL BE PLAYED WHICH SHALL PROVIDE THE FOLLOWING INFORMATION: (A) NOTICE THAT THE CALLER'S TELEPHONE NUMBER WILL BE RECORDED; (B) THAT THERE IS NO CHARGE FOR USE OF THE TELEPHONE NUMBER; (C) NOTICE THAT THE CALLER IS REQUIRED TO IDENTIFY HIMSELF OR HERSELF TO THE OPERATOR AND PROVIDE A CURRENT ADDRESS AND THAT THE CALL SHALL BE MAINTAINED IN A WRITTEN RECORD; (D) A WARNING THAT IT IS ILLEGAL TO USE INFORMATION OBTAINED THROUGH THE TELEPHONE NUMBER TO COMMIT A CRIME AGAINST ANY PERSON LISTED OR TO ENGAGE IN ILLEGAL DISCRIMINATION OR HARASSMENT AGAINST SUCH PERSON; (E) NOTICE THAT THE CALLER IS REQUIRED TO HAVE THE BIRTH DATE, DRIV- ER'S LICENSE OR IDENTIFICATION NUMBER, OR ADDRESS OR OTHER IDENTIFYING INFORMATION REGARDING THE PERSON ABOUT WHOM INFORMATION IS SOUGHT IN ORDER TO ACHIEVE A POSITIVE IDENTIFICATION OF THAT PERSON; AND (F) A STATEMENT THAT THE NUMBER IS NOT A CRIME HOTLINE AND THAT ANY SUSPECTED CRIMINAL ACTIVITY SHOULD BE REPORTED TO LOCAL AUTHORITIES. 3. WHENEVER THERE IS REASONABLE CAUSE TO BELIEVE THAT ANY PERSON OR GROUP OF PERSONS IS ENGAGED IN A PATTERN OR PRACTICE OF MISUSE OF THE TELEPHONE NUMBER, THE ATTORNEY GENERAL, ANY DISTRICT ATTORNEY OR ANY PERSON AGGRIEVED BY THE MISUSE OF THE NUMBER IS AUTHORIZED TO BRING A CIVIL ACTION IN THE APPROPRIATE COURT REQUESTING PREVENTIVE RELIEF, INCLUDING AN APPLICATION FOR A PERMANENT OR TEMPORARY INJUNCTION, RESTRAINING ORDER OR OTHER ORDER AGAINST THE PERSON OR GROUP OF PERSONS RESPONSIBLE FOR THE PATTERN OR PRACTICE OF MISUSE. THE FOREGOING REME- DIES SHALL BE INDEPENDENT OF ANY OTHER REMEDIES OR PROCEDURES THAT MAY BE AVAILABLE TO AN AGGRIEVED PARTY UNDER OTHER PROVISIONS OF LAW. SUCH PERSON OR GROUP OF PERSONS SHALL BE SUBJECT TO A FINE OF NOT LESS THAN FIVE HUNDRED DOLLARS AND NOT MORE THAN ONE THOUSAND DOLLARS. 4. THE DIVISION SHALL SUBMIT TO THE LEGISLATURE AN ANNUAL REPORT ON THE OPERATION OF THE TELEPHONE NUMBER. THE ANNUAL REPORT SHALL INCLUDE, BUT NOT BE LIMITED TO, ALL OF THE FOLLOWING: (A) NUMBER OF CALLS RECEIVED; (B) A DETAILED OUTLINE OF THE AMOUNT OF MONEY EXPENDED AND THE MANNER IN WHICH IT WAS EXPENDED FOR PURPOSES OF THIS SECTION; (C) NUMBER OF CALLS THAT RESULTED IN AN AFFIRMATIVE RESPONSE AND THE NUMBER OF CALLS THAT RESULTED IN A NEGATIVE RESPONSE WITH REGARD TO WHETHER A NAMED INDIVIDUAL WAS LISTED; (D) NUMBER OF PERSONS LISTED; AND (E) A SUMMARY OF THE SUCCESS OF THE TELEPHONE NUMBER PROGRAM BASED UPON SELECTED FACTORS. S 169-N. DIRECTORY; INTERNET POSTING. 1. THE DIVISION SHALL MAINTAIN A DIRECTORY OF DOMESTIC ABUSE OFFENDERS. THE DIRECTORY SHALL INCLUDE THE ADDRESS, ADDRESS OF THE OFFENDER'S PLACE OF EMPLOYMENT AND PHOTOGRAPH OF THE DOMESTIC ABUSE OFFENDER ALONG WITH THE FOLLOWING INFORMATION, IF AVAILABLE: NAME, PHYSICAL DESCRIPTION, AGE AND DISTINCTIVE MARKINGS. THE S. 6405--B 127 DIRECTORY SHALL HAVE DOMESTIC ABUSE OFFENDER LISTINGS CATEGORIZED BY COUNTY AND ZIP CODE. A COPY OF THE DIRECTORY SHALL ANNUALLY BE DISTRIB- UTED TO THE OFFICES OF LOCAL, VILLAGE, TOWN, CITY, COUNTY OR STATE LAW ENFORCEMENT AGENCIES FOR PURPOSES OF PUBLIC ACCESS. THE DIVISION SHALL DISTRIBUTE MONTHLY UPDATES TO THE OFFICES OF LOCAL, VILLAGE, TOWN, CITY, COUNTY OR STATE LAW ENFORCEMENT AGENCIES FOR PURPOSES OF PUBLIC ACCESS. SUCH DEPARTMENTS SHALL REQUIRE THAT A PERSON IN WRITING PROVIDE THEIR NAME AND ADDRESS PRIOR TO VIEWING THE DIRECTORY. THE DIRECTORY PROVIDED FOR IN THIS SECTION SHALL BE UPDATED MONTHLY TO MAINTAIN ITS EFFICIENCY AND USEFULNESS AND SHALL BE COMPUTER ACCESSIBLE. SUCH DIRECTORY SHALL BE MADE AVAILABLE AT ALL TIMES ON THE INTERNET VIA THE DIVISION HOMEPAGE. 2. EVERY PAGE OF THE DIVISION'S WEBSITE SHALL PROMINENTLY DISPLAY A LINK TO THE WEBSITE OF THE NEW YORK STATE OFFICE FOR THE PREVENTION OF DOMESTIC VIOLENCE AND THE TELEPHONE NUMBER OF THE NEW YORK STATE DOMES- TIC VIOLENCE HOTLINE AND SHALL ALSO CONTAIN A CAVEAT INFORMING USERS THAT A PERSON WHO IS NOT ON THE REGISTRY MAY STILL HAVE A HISTORY OF VIOLENCE OR A PROPENSITY FOR VIOLENCE AND IF THE USER SUSPECTS THAT A PERSON HE OR SHE IS INVOLVED WITH IS DANGEROUS, HE OR SHE SHOULD CALL THE HOTLINE. 3. ANY PERSON WHO USES INFORMATION DISCLOSED PURSUANT TO THIS SECTION IN VIOLATION OF THE LAW SHALL IN ADDITION TO ANY OTHER PENALTY OR FINE IMPOSED, BE SUBJECT TO A FINE OF NOT LESS THAN FIVE HUNDRED DOLLARS AND NOT MORE THAN ONE THOUSAND DOLLARS. UNAUTHORIZED REMOVAL OR DUPLICATION OF THE DIRECTORY FROM THE OFFICES OF A LOCAL, VILLAGE OR CITY POLICE DEPARTMENT SHALL BE PUNISHABLE BY A FINE NOT TO EXCEED ONE THOUSAND DOLLARS. IN ADDITION, THE ATTORNEY GENERAL, ANY DISTRICT ATTORNEY, OR ANY PERSON AGGRIEVED IS AUTHORIZED TO BRING A CIVIL ACTION IN THE APPRO- PRIATE COURT REQUESTING PREVENTIVE RELIEF, INCLUDING AN APPLICATION FOR A PERMANENT OR TEMPORARY INJUNCTION, RESTRAINING ORDER, OR OTHER ORDER AGAINST THE PERSON OR GROUP OF PERSONS RESPONSIBLE FOR SUCH ACTION. THE FOREGOING REMEDIES SHALL BE INDEPENDENT OF ANY OTHER REMEDIES OR PROCE- DURES THAT MAY BE AVAILABLE TO AN AGGRIEVED PARTY UNDER OTHER PROVISIONS OF LAW. S 169-O. IMMUNITY FROM LIABILITY. 1. NO OFFICIAL, EMPLOYEE OR AGENCY, WHETHER PUBLIC OR PRIVATE, SHALL BE SUBJECT TO ANY CIVIL OR CRIMINAL LIABILITY FOR DAMAGES FOR ANY DISCRETIONARY DECISION TO RELEASE RELEVANT AND NECESSARY INFORMATION PURSUANT TO THIS ARTICLE, UNLESS IT IS SHOWN THAT SUCH OFFICIAL, EMPLOYEE OR AGENCY ACTED WITH GROSS NEGLIGENCE OR IN BAD FAITH. THE IMMUNITY PROVIDED UNDER THIS SECTION APPLIES TO THE RELEASE OF RELEVANT INFORMATION TO OTHER EMPLOYEES OR OFFICIALS OR TO THE GENERAL PUBLIC. 2. NOTHING IN THIS SECTION SHALL BE DEEMED TO IMPOSE ANY CIVIL OR CRIMINAL LIABILITY UPON OR TO GIVE RISE TO A CAUSE OF ACTION AGAINST ANY OFFICIAL, EMPLOYEE OR AGENCY, WHETHER PUBLIC OR PRIVATE, FOR FAILING TO RELEASE INFORMATION AS AUTHORIZED IN THIS SECTION UNLESS IT IS SHOWN THAT SUCH OFFICIAL, EMPLOYEE OR AGENCY ACTED WITH GROSS NEGLIGENCE OR IN BAD FAITH. S 169-P. ANNUAL REPORT. THE DIVISION SHALL ON OR BEFORE AUGUST FIRST IN EACH YEAR FILE A REPORT WITH THE GOVERNOR AND THE LEGISLATURE DETAIL- ING THE PROGRAM, COMPLIANCE WITH PROVISIONS OF THIS ARTICLE AND EFFEC- TIVENESS OF THE PROVISIONS OF THIS ARTICLE, TOGETHER WITH ANY RECOMMEN- DATIONS TO FURTHER ENHANCE THE INTENT OF THIS ARTICLE. S 169-Q. FAILURE TO REGISTER; PENALTY. ANY PERSON REQUIRED TO REGISTER PURSUANT TO THE PROVISIONS OF THIS ARTICLE WHO FAILS TO REGISTER IN THE MANNER AND WITHIN THE TIME PERIODS PROVIDED FOR IN THIS ARTICLE SHALL BE GUILTY OF A CLASS E FELONY FOR THE FIRST OFFENSE, AND FOR A SECOND OR S. 6405--B 128 SUBSEQUENT OFFENSE SHALL BE GUILTY OF A CLASS D FELONY RESPECTIVELY IN ACCORDANCE WITH SECTIONS 195.03 AND 195.04 OF THE PENAL LAW. ANY SUCH FAILURE TO REGISTER MAY ALSO BE THE BASIS FOR REVOCATION OF PAROLE PURSUANT TO SECTION TWO HUNDRED FIFTY-NINE-I OF THE EXECUTIVE LAW WHICH SHALL BE IN ADDITION TO ANY OTHER PENALTIES PROVIDED BY LAW. S 169-R. UNAUTHORIZED RELEASE OF INFORMATION. THE UNAUTHORIZED RELEASE OF ANY INFORMATION REQUIRED BY THIS ARTICLE SHALL BE A CLASS B MISDEMEA- NOR. S 169-S. SEPARABILITY. IF ANY SECTION OF THIS ARTICLE, OR PART THEREOF SHALL BE ADJUDGED BY A COURT OF COMPETENT JURISDICTION TO BE INVALID, SUCH JUDGMENT SHALL NOT AFFECT, IMPAIR OR INVALIDATE THE REMAINDER OR ANY OTHER SECTION OR PART THEREOF. S 3. The criminal procedure law is amended by adding a new section 530.15 to read as follows: S 530.15 DOMESTIC ABUSE OFFENDER DETERMINATION. IF IN THE OPINION OF THE COURT THE INTEREST OF JUSTICE WOULD BE SERVED, THE COURT MAY, IN ITS DISCRETION, FIND A DEFENDANT AGAINST WHOM AN ORDER OF PROTECTION HAS BEEN ISSUED ON TWO OR MORE SEPARATE OCCASIONS IS A "DOMESTIC ABUSE OFFENDER" AS DEFINED IN SUBDIVISION ONE OF SECTION ONE HUNDRED SIXTY-NINE-A OF THE CORRECTION LAW. S 4. Subdivision 1 of section 530.12 of the criminal procedure law is amended by adding a new paragraph (c) to read as follows: (C) THE COURT DETERMINES A DEFENDANT AGAINST WHOM AN ORDER OF PROTECTION HAS BEEN ISSUED ON TWO OR MORE SEPARATE OCCASIONS TO BE A "DOMESTIC ABUSE OFFENDER" AS DEFINED IN SUBDIVISION ONE OF SECTION ONE HUNDRED SIXTY-NINE-A OF THE CORRECTION LAW. S 5. This act shall take effect on the one hundred eightieth day after it shall have become a law; provided, however, that section one of this act shall take effect on the first of November next succeeding the date on which it shall have become a law; and provided further, that effec- tive immediately, the addition, amendment and/or repeal of any rule or regulation necessary for the implementation of this act on its effective date are authorized to be made and completed on or before such date. PART X Section 1. The commissioner of general services and the commissioner of the office for people with developmental disabilities shall jointly examine, evaluate, and make a report concerning the most appropriate uses of the J.N. Adam developmental center (the center), generally described in section two of this act. The commissioners shall prepare such report in conjunction with, and shall consider and include in such report the recommendations of, the empire state development corporation, the office of parks, recreation and historic preservation, the depart- ment of environmental conservation, the mayor of the city of Buffalo, the city council of the city of Buffalo, the supervisor of the town of Perrysburg, and the town board of the town of Perrysburg. Such report shall include, but not be limited to, an examination of: any legal impediments to any conveyance and other future uses of the real property constituting the center; the availability of funding for the temporary maintenance of the facilities of such center; any improvements to such center which may be necessary to facilitate the conveyance of all or any portion thereof; environmental and other remediation necessary, includ- ing cost estimates, to facilitate the conveyance or any other disposi- tion of such center; and the impact of any such conveyance or any other disposition upon the town of Perrysburg, county of Cattaraugus, and S. 6405--B 129 surrounding municipalities, including the city of Buffalo. Such report shall also include a complete and accurate survey and description of the lands constituting the center, which shall distinguish parcels that are currently being used by the office for people with developmental disa- bilities, and identify other such parcels as appropriate. Such report shall be submitted to the governor, temporary president of the senate, and the speaker of the assembly on or before December 31, 2016. Such report shall also be posted on the website of the office of general services and the office for people with developmental disabilities for at least eighteen months after such date, and shall otherwise be made available for public inspection consistent with article 6 of the public officers law. S 2. The lands subject to the provisions of this act, constituting the center, situate in the town of Perrysburg, county of Cattaraugus, consists of approximately 649 acres of both developed and undeveloped land, and shall include any structures thereon. S 3. No later than 90 days prior to December 31, 2016, at least two public hearings shall have been held to solicit public input concerning appropriate uses for the center. At least one such public hearing shall be held in the town of Perrysburg, and at least one shall be held in the city of Buffalo. S 4. This act shall take effect immediately. PART Y Section 1. The commissioner of the office of general services is authorized and empowered to transfer and convey certain state property, as further described in this act, to the city of Ogdensburg for fair market value, upon such terms and conditions as such commissioner may fix and determine. S 2. The property to be conveyed pursuant to this act shall consist of three parcels of land at the St. Lawrence Psychiatric Center, in the city of Ogdensburg, St. Lawrence county, generally described as follows: Parcel 1: 50 acres for residential development bounded by the Saint Lawrence River to the northwest, on the south by River Drive, northeast of Bridgeview to include all of the surplus land abutting the Saint Lawrence River between Bridgeview and Trinity buildings. Parcel 2: 45 acres for commercial/industrial development bounded on the south and east by Ogdensburg Bridge and Port Authority lands, on the north by Woods Road, and southwest of any St. Lawrence Psychiatric Center Buildings. Parcel 3: 25 acres for Co-generation development, bounded to the south by Entrance Drive, on the east by Cottage Road, on the north by Office of Mental Health long-term property. S 3. The description of the lands set forth in section two of this act to be conveyed is not intended to be a legal description, but is intended only to identify the premises to be conveyed. As a condition of purchase, the City of Ogdensburg shall submit to the commissioner of the office of general services for said commissioner's approval an accurate survey and description of the lands generally described, which may be used in the conveyance thereof. S 4. This act shall take effect immediately. PART Z S. 6405--B 130 Section 1. The volunteer firefighters' benefit law is amended by adding a new section 11-d to read as follows: S 11-D. CERTAIN IMPAIRMENTS OF HEALTH; PRESUMPTION. NOTWITHSTANDING ANY OTHER PROVISION OF THIS CHAPTER TO THE CONTRARY, ANY: (I) MELANOMA; OR (II) CONDITION OF CANCER AFFECTING LYMPHATIC, DIGESTIVE, HEMATOLOGI- CAL, URINARY, PROSTATE, NEUROLOGICAL, BREAST OR REPRODUCTIVE SYSTEMS, RESULTING IN TOTAL OR PARTIAL DISABILITY OR DEATH TO A VOLUNTEER FIRE- FIGHTER, WHO SUCCESSFULLY PASSED A PHYSICAL EXAMINATION ON ENTRY INTO FIREFIGHTER SERVICE, WHICH EXAMINATION FAILED TO REVEAL ANY EVIDENCE OF SUCH A MELANOMA OR CONDITION, SHALL BE PRESUMPTIVE EVIDENCE THAT IT WAS INCURRED IN THE PERFORMANCE AND DISCHARGE OF DUTY UNLESS THE CONTRARY BE PROVEN BY COMPETENT EVIDENCE. S 2. This act shall take effect immediately and shall expire and be deemed repealed June 30, 2020. PART AA Section 1. Section 8 of the volunteer firefighters' benefit law, as amended by chapter 574 of the laws of 1998, is amended to read as follows: S 8. Permanent total disability benefits. 1. In the case of total disability adjudged to be permanent the volunteer firefighter shall be paid four hundred dollars for each week [during the continuance there- of]. Permanent total disability, within the meaning of this section, shall exist only if the earning capacity of the volunteer firefighter has been lost permanently and totally as the result of the injury. The loss of both hands, or both arms, or both feet, or both legs, or both eyes, or any two thereof, shall, in the absence of conclusive proof to the contrary, constitute permanent total disability, but in all other cases permanent total disability shall be determined in accordance with the facts. Notwithstanding any other provisions of this chapter, an injured volunteer firefighter disabled due to the loss or total loss of use of both eyes, or both hands, or both arms, or both feet, or both legs, or any two thereof shall not suffer any diminution of such weekly benefit by engaging in business or employment provided his or her weekly earnings or wages, when combined with his or her weekly benefit shall not be in excess of [six] EIGHT hundred dollars; and further provided that the application of this section shall not result in reduction of benefits which an injured volunteer firefighter who is disabled due to the loss or total loss of use of both eyes, or both hands, or both arms, or both feet, or both legs, or any two thereof would otherwise be enti- tled to under any other provisions of this article. 2. BENEFITS RECEIVED PURSUANT TO SUBDIVISION ONE OF THIS SECTION AFTER JANUARY FIRST, TWO THOUSAND SIXTEEN SHALL BE ADJUSTED YEARLY ON FEBRUARY FIRST BY A PERCENTAGE EQUAL TO THE PERCENT INCREASE IN THE PREVIOUS YEAR'S CONSUMER PRICE INDEX. S 2. Subdivision 5 of section 51 of the volunteer firefighters' bene- fit law, as renumbered by chapter 246 of the laws of 2006, is renumbered subdivision 6 and a new subdivision 5 is added to read as follows: 5. THE INSURANCE CARRIER OR ENTITY RESPONSIBLE FOR PAYING THE BENEFIT INCREASE PROVIDED IN SECTION EIGHT OF THIS CHAPTER SHALL CLAIM FOR SUCH BENEFIT INCREASE REIMBURSEMENT FROM THE SPECIAL FUND FOR REOPENED CASES COMMENCING ONE YEAR FROM THE DATE OF THE FIRST SUCH PAYMENT AND ANNUALLY THEREAFTER WHILE SUCH PAYMENTS CONTINUE, ON A FORM PRESCRIBED BY THE CHAIR. S. 6405--B 131 S 3. This act shall take effect immediately and shall apply to weekly benefit periods that commence after January 1, 2016. PART BB Section 1. Subdivisions 2 and 4 of paragraph a and subdivision 3 of paragraph f of section 90.00 of the local finance law, subdivision 2 of paragraph a as added by section 8 of part F of chapter 383 of the laws of 2001, subdivision 4 of paragraph a as amended by chapter 1034 of the laws of 1960 and subdivision 3 of paragraph f as amended by chapter 711 of the laws of 1943, are amended to read as follows: 2. Notwithstanding the provisions of subdivision one of this para- graph[,]: (A) bonds issued by a school district prior to December first two thousand one, or prior to thirty days after the effective date of this subdivision, whichever is later, for the purpose of financing facilities which were eligible for building aid pursuant to section thirty-six hundred two of the education law, and for which the aid apportionments payable in two thousand two--two thousand three and/or two thousand three--two thousand four school years for approved expendi- tures for debt service are subsequently reduced as a result of the application of assumed amortization to unpaid principal outstanding as of July first, two thousand two, may be refunded and the refunding bonds may be sold at either public or private sale in accordance with the provisions of section 90.10 of this title; provided, however, the school district need not comply with: (i) subparagraph (a) of subdivision two of paragraph b of section 90.10 of this title; and (ii) if the bonds to be refunded are to be redeemed or paid on the same date as the refunding bonds are issued, the school district need not comply with the provisions of section 90.10 of this title relating to the escrow of the proceeds of the sale of the refunding bonds; AND (B) BONDS ISSUED BY A MUNICIPALITY AUTHORIZED TO CREATE A COMMUNITY PRESERVATION FUND PURSUANT TO SUBDIVISION TWO OF SECTION SIXTY-FOUR-E OF THE TOWN LAW AND FOR THE PURPOSE OF FINANCING COMMUNITY PRESERVATION WHICH WERE ELIGIBLE FOR FUNDING PURSUANT TO SUBDIVISIONS THREE AND FOUR OF SECTION SIXTY-FOUR-E OF THE TOWN LAW MAY BE REFUNDED AND THE REFUNDING BONDS MAY BE SOLD AT EITHER PUBLIC OR PRIVATE SALE IN ACCORDANCE WITH THE PROVISIONS OF SECTION 90.10 OF THIS TITLE; PROVIDED, HOWEVER, THE MUNICIPALITY NEED NOT COMPLY WITH: (I) SUBPARAGRAPH (A) OF SUBDIVISION TWO OF PARAGRAPH B OF SECTION 90.10 OF THIS TITLE; AND (II) IF THE BONDS TO BE REFUNDED ARE TO BE REDEEMED OR PAID ON THE SAME DATE AS THE REFUNDING BONDS ARE ISSUED, THE MUNICIPALITY NEED NOT COMPLY WITH THE PROVISIONS OF SECTION 90.10 OF THIS TITLE RELATING TO THE ESCROW OF THE PROCEEDS OF THE SALE OF THE REFUNDING BONDS. 4. If a budgetary appropriation has been made for the payment of the principal on bonds, such maturity shall not be included in a refunding bond issue; PROVIDED, HOWEVER, THIS SUBDIVISION SHALL NOT APPLY TO REFUNDING BONDS ISSUED BY A MUNICIPALITY AUTHORIZED TO CREATE A COMMUNI- TY PRESERVATION FUND PURSUANT TO SUBDIVISION TWO OF SECTION SIXTY-FOUR-E OF THE TOWN LAW AND FOR THE PURPOSE OF FINANCING COMMUNITY PRESERVATION WHICH WERE ELIGIBLE FOR FUNDING PURSUANT TO SUBDIVISIONS THREE AND FOUR OF SECTION SIXTY-FOUR-E OF THE TOWN LAW. 3. If the bonds to be refunded are bonds which were issued on or after January first, nineteen hundred thirty-nine, other than bonds issued to redeem notes, certificates or other evidences of temporary indebtedness issued prior to January first, nineteen hundred thirty-nine, in antic- ipation of such bonds, a statement of the maximum period of probable S. 6405--B 132 usefulness, at the time of the issuance of the bonds to be refunded OR AS MAY BE PROVIDED BY RESOLUTION OR RESOLUTION SUBJECT TO PERMISSIVE REFERENDUM, BY THE GOVERNING BODY OF THE MUNICIPALITY AND CONSISTENT WITH SECTION 11.00 OF THIS ARTICLE OR SUCH OTHER GENERAL OR SPECIAL LAW, of the object or purpose for which such bonds were issued. S 2. Subdivision 2 of paragraph b of section 90.10 of the local finance law is amended by adding a new subparagraph (f) to read as follows: (F) NOTWITHSTANDING THE PROVISIONS OF SUBPARAGRAPH (A) OF THIS SUBDI- VISION, A MUNICIPALITY MAY ALSO ISSUE REFUNDING BONDS TO REFUND BONDS IF THE BONDS WERE ISSUED BY A MUNICIPALITY AUTHORIZED TO CREATE A COMMUNITY PRESERVATION FUND PURSUANT TO SUBDIVISION TWO OF SECTION SIXTY-FOUR-E OF THE TOWN LAW AND FOR THE PURPOSE OF FINANCING COMMUNITY PRESERVATION WHICH WERE ELIGIBLE FOR FUNDING PURSUANT TO SUBDIVISIONS THREE AND FOUR OF SECTION SIXTY-FOUR-E OF THE TOWN LAW. S 3. Subdivisions 4 and 5 of paragraph e of section 90.10 of the local finance law, subdivision 4 as added by chapter 264 of the laws of 1977 and subdivision 5 as amended by chapter 201 of the laws of 1978, are amended to read as follows: 4. A statement of the maximum period or periods of probable usefulness permitted by law at the time of the issuance of the bonds to be refunded for the object or purpose or objects or purposes for which such bonds to be refunded were issued. NOTWITHSTANDING THE ABOVE, THE PERIOD OR PERI- ODS OF PROBABLE USEFULNESS FOR BONDS ISSUED BY A MUNICIPALITY AUTHORIZED TO CREATE A COMMUNITY PRESERVATION FUND PURSUANT TO SUBDIVISION TWO OF SECTION SIXTY-FOUR-E OF THE TOWN LAW AND FOR THE PURPOSE OF FINANCING COMMUNITY PRESERVATION WHICH WERE ELIGIBLE FOR FUNDING PURSUANT TO SUBDIVISIONS THREE AND FOUR OF SECTION SIXTY-FOUR-E OF THE TOWN LAW SHALL NOT BE LIMITED TO THE PERIOD OF PROBABLE USEFULNESS AT THE TIME OF ISSUANCE OF THE BOND TO BE REFUNDED BUT RATHER THE STATEMENT OF PERIOD OR PERIODS OF PROBABLE USEFULNESS REQUIRED IN THIS SUBDIVISION MAY INCLUDE AN EXTENSION OF SUCH PERIOD OF TIME SET FORTH IN SECTION 11.00 OF THIS ARTICLE OR SUCH OTHER GENERAL OR SPECIAL LAW. 5. The financial plan for the refunding proposed, showing the sources and amounts of all moneys required to accomplish such refunding, and except where such refunding bonds are issued by the city of New York OR MUNICIPALITY pursuant to subparagraph (b) OR (F) of subdivision two of paragraph b of this section, RESPECTIVELY, an estimate of the present value of the total debt service savings anticipated, computed in accord- ance with subparagraph (a) of subdivision two of paragraph b of this section. S 4. Paragraph g of section 90.10 of the local finance law, as amended by chapter 201 of the laws of 1978, is amended to read as follows: g. Except where such refunding bonds are issued by the city of New York pursuant to subparagraph (b) of subdivision two of paragraph b of this section OR ISSUED PURSUANT TO SUBPARAGRAPH (F) OF SUBDIVISION TWO OF PARAGRAPH B OF THIS SECTION WHERE SUCH REFUNDING BONDS ARE ISSUED BY A MUNICIPALITY, no refunding bonds shall be issued pursuant to this section unless the chief fiscal officer of the issuer shall have first filed with the finance board a certificate, approved by the state comp- troller, which shall be final and conclusive upon all parties, setting forth the present value of the total debt service savings to the issuer resulting from the issuance of the refunding bonds computed in accord- ance with the provisions of subparagraph (a) of subdivision two of para- graph b of this section, except that the actual amount, rather than an estimate, of the amount of accrued interest to be paid on such bonds S. 6405--B 133 shall be used in determining the effective interest cost thereof. The certificate shall be in the form and shall contain such information as shall be prescribed by the state comptroller. The certificate shall not be approved until ten days after the filing of such certificate in the office of the state comptroller. S 5. Clause (b) of subdivision 21 of paragraph a of section 11.00 of the local finance law, as amended by chapter 837 of the laws of 1945, is amended to read as follows: (b) The financing of the acquisition of land, permanent rights in land or temporary easements in land incidental to a capital improvement, inclusive of any administrative or other expenditures arising therefrom or related thereto, if such acquisition and expenditures are financed from a fund into which are paid the proceeds of the sale of bonds or bond anticipation notes issued in anticipation of such bonds and out of which the cost of such acquisition and such expenditures are paid, thir- ty years. NOTWITHSTANDING THE PROVISIONS OF THIS SUBDIVISION, THE ACQUI- SITION OF LAND OR PERMANENT RIGHTS IN LAND AND THE FINANCING OF THE ACQUISITION AS SET FORTH IN THIS SUBDIVISION MADE PURSUANT TO SECTION SIXTY-FOUR-E OF THE TOWN LAW SHALL HAVE A PERIOD OF PROBABLE USEFULNESS OF FIFTY YEARS AND TO THE EXTENT THAT THE ORIGINAL PERIOD OF PROBABLE USEFULNESS WAS SET BY RESOLUTION AND/OR RESOLUTION SUBJECT TO PERMISSIVE REFERENDUM, SUCH MUNICIPALITY MAY AMEND THE PERIOD OF PROBABLE USEFUL- NESS BY RESOLUTION OF THE GOVERNING BODY IN ACCORDANCE WITH THE PROVISIONS OF THIS CHAPTER. S 6. This act shall take effect immediately. PART CC Section 1. Subdivision 3 of section 99-h of the state finance law, as amended by section 7 of chapter 174 of the laws of 2013, is amended to read as follows: 3. Moneys of the account, following the segregation of appropriations enacted by the legislature, shall be available for purposes including but not limited to: (a) reimbursements or payments to municipal govern- ments that host tribal casinos pursuant to a tribal-state compact for costs incurred in connection with services provided to such casinos or arising as a result thereof, for economic development opportunities and job expansion programs authorized by the executive law; provided, howev- er, that for any gaming facility located in the city of Buffalo, the city of Buffalo shall receive a minimum of twenty-five percent of the negotiated percentage of the net drop from electronic gaming devices the state receives pursuant to the compact, and provided further that for any gaming facility located in the city of Niagara Falls, county of Niagara a minimum of [twenty-five] SEVENTY-FIVE percent of the negoti- ated percentage of the net drop from electronic gaming devices the state receives pursuant to the compact shall be distributed in accordance with subdivision four of this section, and provided further that for any gaming facility located in the county or counties of Cattaraugus, Chau- tauqua or Allegany, the municipal governments of the state hosting the facility shall collectively receive a minimum of twenty-five percent of the negotiated percentage of the net drop from electronic gaming devices the state receives pursuant to the compact; and provided further that pursuant to chapter five hundred ninety of the laws of two thousand four, a minimum of twenty-five percent of the revenues received by the state pursuant to the state's compact with the St. Regis Mohawk tribe shall be made available to the counties of Franklin and St. Lawrence, S. 6405--B 134 and affected towns in such counties. Each such county and its affected towns shall receive fifty percent of the moneys made available by the state; and provided further that the state shall annually make twenty- five percent of the negotiated percentage of the net drop from all gaming devices the state actually receives pursuant to the Oneida Settlement Agreement confirmed by section eleven of the executive law as available to the county of Oneida, and a sum of three and one-half million dollars to the county of Madison. Additionally, the state shall distribute for a period of nineteen and one-quarter years, an additional annual sum of two and one-half million dollars to the county of Oneida. Additionally, the state shall distribute the one-time eleven million dollar payment received by the state pursuant to such agreement with the Oneida Nation of New York to the county of Madison by wire transfer upon receipt of such payment by the state; and (b) support and services of treatment programs for persons suffering from gambling addictions. Moneys not segregated for such purposes shall be transferred to the general fund for the support of government during the fiscal year in which they are received. S 2. Subdivision 3 of section 99-h of the state finance law, as amended by section 7-a of chapter 174 of the laws of 2013, is amended to read as follows: 3. Moneys of the account, following appropriation by the legislature, shall be available for purposes including but not limited to: (a) reimbursements or payments to municipal governments that host tribal casinos pursuant to a tribal-state compact for costs incurred in connection with services provided to such casinos or arising as a result thereof, for economic development opportunities and job expansion programs authorized by the executive law; provided, however, that for any gaming facility located in the city of Buffalo, the city of Buffalo shall receive a minimum of twenty-five percent of the negotiated percentage of the net drop from electronic gaming devices the state receives pursuant to the compact, and provided further that for any gaming facility located in the city of Niagara Falls, county of Niagara a minimum of [twenty-five] SEVENTY-FIVE percent of the negotiated percentage of the net drop from electronic gaming devices the state receives pursuant to the compact shall be distributed in accordance with subdivision four of this section, and provided further that for any gaming facility located in the county or counties of Cattaraugus, Chau- tauqua or Allegany, the municipal governments of the state hosting the facility shall collectively receive a minimum of twenty-five percent of the negotiated percentage of the net drop from electronic gaming devices the state receives pursuant to the compact; and provided further that pursuant to chapter five hundred ninety of the laws of two thousand four, a minimum of twenty-five percent of the revenues received by the state pursuant to the state's compact with the St. Regis Mohawk tribe shall be made available to the counties of Franklin and St. Lawrence, and affected towns in such counties. Each such county and its affected towns shall receive fifty percent of the moneys made available by the state; and provided further that the state shall annually make twenty- five percent of the negotiated percentage of the net drop from all gaming devices the state actually receives pursuant to the Oneida Settlement Agreement as confirmed by section eleven of the executive law as available to the county of Oneida, and a sum of three and one-half million dollars to the county of Madison. Additionally, the state shall distribute for a period of nineteen and one-quarter years, an additional annual sum of two and one-half million dollars to the county of Oneida. S. 6405--B 135 Additionally, the state shall distribute the one-time eleven million dollar payment received by the state pursuant to such agreement with the Oneida Nation of New York to the county of Madison by wire transfer upon receipt of such payment by the state; and (b) support and services of treatment programs for persons suffering from gambling addictions. Moneys not appropriated for such purposes shall be transferred to the general fund for the support of government during the fiscal year in which they are received. S 3. Subdivision 3 of section 99-h of the state finance law, as amended by section 8 of chapter 174 of the laws of 2013, is amended to read as follows: 3. Moneys of the account, following the segregation of appropriations enacted by the legislature, shall be available for purposes including but not limited to: (a) reimbursements or payments to municipal govern- ments that host tribal casinos pursuant to a tribal-state compact for costs incurred in connection with services provided to such casinos or arising as a result thereof, for economic development opportunities and job expansion programs authorized by the executive law; provided, howev- er, that for any gaming facility located in the county of Erie [or Niagara], the municipal governments hosting the facility shall collec- tively receive a minimum of twenty-five percent of the negotiated percentage of the net drop from electronic gaming devices the state receives pursuant to the compact, AND FOR ANY GAMING FACILITY LOCATED IN THE COUNTY OF NIAGARA THE MUNICIPAL GOVERNMENT HOSTING THE FACILITY SHALL COLLECTIVELY RECEIVE A MINIMUM OF SEVENTY-FIVE PERCENT OF THE NEGOTIATED PERCENTAGE OF THE NET DROP FOR ELECTRONIC GAMING DEVICES THE STATE RECEIVES PURSUANT TO THE COMPACT, and provided further that for any gaming facility located in the county or counties of Cattaraugus, Chautauqua or Allegany, the municipal governments of the state hosting the facility shall collectively receive a minimum of twenty-five percent of the negotiated percentage of the net drop from electronic gaming devices the state receives pursuant to the compact; and provided further that pursuant to chapter five hundred ninety of the laws of two thousand four, a minimum of twenty-five percent of the revenues received by the state pursuant to the state's compact with the St. Regis Mohawk tribe shall be made available to the counties of Franklin and St. Lawrence, and affected towns in such counties. Each such county and its affected towns shall receive fifty percent of the moneys made available by the state; and provided further that the state shall annually make twenty- five percent of the negotiated percentage of the net drop from all gaming devices the state actually receives pursuant to the Oneida Settlement Agreement confirmed by section eleven of the executive law available to the county of Oneida, and a sum of three and one-half million dollars to the county of Madison. Additionally, the state shall distribute, for a period of nineteen and one-quarter years, an addi- tional annual sum of two and one-half million dollars to the county of Oneida. Additionally, the state shall distribute the one-time eleven million dollar payment actually received by the state pursuant to the Oneida Settlement Agreement to the county of Madison by wire transfer upon receipt of such payment by the state; and (b) support and services of treatment programs for persons suffering from gambling addictions. Moneys not segregated for such purposes shall be transferred to the general fund for the support of government during the fiscal year in which they are received. S. 6405--B 136 S 4. Paragraph (a) of subdivision 4 of section 99-h of the state finance law, as amended by section 2 of part W of chapter 60 of the laws of 2011, is amended to read as follows: (a) Monies which are appropriated and received each year by the state as a portion of the negotiated percentage of the net drop from electron- ic gaming devices the state receives in relation to the operation of a gaming facility in the city of Niagara Falls, county of Niagara which subdivision three of this section requires to be a minimum of [twenty- five] SEVENTY-FIVE percent, shall be budgeted and disbursed by the city of Niagara Falls in the following manner: (i) [seventy-three] FIFTY-EIGHT and one-half percent of the total annual amount received shall be available for expenditure by the city of Niagara Falls for such public purposes as are determined, by the city, to be necessary and desirable to accommodate and enhance economic devel- opment, neighborhood revitalization, public health and safety, and infrastructure improvement in the city, shall be deposited into the tribal revenue account of the city and any and all interest and income derived from the deposit and investment of such monies shall be deposit- ed into the general operating fund of the city; provided however, that [any amount allocated to the Niagara Falls Underground Railroad Heritage Commission, to the extent that its share pursuant to the formula estab- lished in clause five of subparagraph (ii) of this paragraph exceeds one percent, such amounts shall be distributed from the funds available to the city for its public purposes pursuant to this paragraph] FORTY PERCENT OF SUCH AMOUNT SHALL BE USED TO FUND DOWNTOWN ECONOMIC DEVELOP- MENT AND JOB CREATION TO BE ALLOCATED BY THE DOWNTOWN NIAGARA FALLS ECONOMIC DEVELOPMENT ADVISORY GROUP. THE ADVISORY GROUP SHALL BE MADE UP OF NINE MEMBERS APPOINTED AS FOLLOWS: ONE BY THE GOVERNOR, ONE BY THE SENATE MAJORITY LEADER, ONE BY THE SPEAKER OF THE ASSEMBLY, ONE BY THE SENECA NATION OF INDIANS, ONE BY THE MAYOR OF THE CITY OF NIAGARA FALLS, ONE BY THE NIAGARA COUNTY LEGISLATURE, ONE BY THE NIAGARA USA CHAMBER, ONE BY THE NIAGARA COUNTY BUILDING TRADES COUNCIL, AND ONE BY THE NIAGARA FRONTIER TRANSPORTATION AUTHORITY. THE DOWNTOWN NIAGARA FALLS ECONOMIC DEVELOPMENT ADVISORY GROUP SHALL ALLOCATE FUNDS FOR THE PURPOSE OF ASSISTING BUSINESSES LOCATED IN DOWNTOWN NIAGARA FALLS TO CREATE NEW JOB OPPORTUNITIES AND TO INCENTIVIZE NEW BUSINESSES TO LOCATE WITHIN DOWNTOWN NIAGARA FALLS. FUNDS MAY BE USED FOR, BUT NOT LIMITED TO, THE REHABILITATION OF BUILDINGS, INSTALLATION OF SIGNAGE, TRAINING OF EXIST- ING OR NEW EMPLOYEES IN TECHNIQUES RELATED TO THEIR INDUSTRY, AND INSTALLATION OF APPROPRIATE INDUSTRY RELATED MACHINERY. NO FUNDS SHALL BE ALLOCATED FOR GENERAL OBLIGATIONS AND RESPONSIBILITIES TRADITIONALLY PROVIDED BY THE CITY OF NIAGARA FALLS; and (ii) the remaining [twenty-six] FORTY-ONE and one-half percent of the total annual amount received shall be allocated for the city of Niagara Falls to be available for expenditure in the following manner: (1) within thirty-five days upon receipt of such funds by such city, five and one-half percent of the total annual amount received in each year, not to exceed [seven] TWO MILLION TWO hundred fifty thousand dollars annually AND NOT LESS THAN THE AMOUNT RECEIVED BY SUCH ENTITY IN FISCAL YEAR TWO THOUSAND FOURTEEN, shall be transferred to Niagara Falls memorial medical center to be used for capital construction projects; and (2) within thirty-five days upon receipt of such funds by such city, five and one-half percent of the total annual amount received in each year, not to exceed [seven] TWO MILLION TWO hundred fifty thousand dollars annually AND NOT LESS THAN THE AMOUNT RECEIVED BY SUCH ENTITY IN S. 6405--B 137 FISCAL YEAR TWO THOUSAND FOURTEEN, shall be transferred to the Niagara Falls city school district for capital construction projects; and (3) within thirty-five days upon receipt of such funds by such city, seven percent OF THE TOTAL AMOUNT RECEIVED in each year NOT TO EXCEED TWO MILLION TWO HUNDRED FIFTY THOUSAND DOLLARS shall be transferred to the Niagara tourism and convention center corporation for marketing and tourism promotion in the county of Niagara including the city of Niagara Falls; and (4) an amount equal to the lesser of one million dollars or seven percent of the total amount in each year shall be transferred to the city of Niagara Falls and held in an escrow account maintained by the city of Niagara Falls and, if additional funding has been secured by the Niagara frontier transportation authority to finance construction of a new terminal at Niagara Falls, such amount held in escrow shall be transferred to the Niagara frontier transportation authority for such purpose provided however that if such additional funding has not been secured or construction of a new terminal has not commenced within two years of the date which such monies were received by the city of Niagara Falls such amounts held in escrow by the city of Niagara Falls shall be distributed pursuant to subparagraph (iii) of this paragraph; and (5) [within thirty-five days upon receipt of such funds by such city, one percent or three hundred fifty thousand dollars, whichever is great- er, of the total annual amount received in each year shall be trans- ferred to the Niagara Falls Underground Railroad Heritage Commission, established pursuant to article forty-three of the parks, recreation and historic preservation law to be used for, but not limited to, develop- ment, capital improvements, acquisition of real property, and acquisi- tion of personal property within the heritage area in the city of Niagara Falls as established pursuant to the commission; provided in the event the distribution available pursuant to this clause exceeds one percent, it shall be distributed from the moneys available pursuant to subparagraph (i) of this paragraph] WITHIN THIRTY-FIVE DAYS UPON RECEIPT OF SUCH FUNDS BY SUCH CITY, ONE AND ONE-HALF PERCENT OF THE TOTAL AMOUNTS RECEIVED IN EACH YEAR, NOT TO EXCEED TWO MILLION TWO HUNDRED FIFTY THOUSAND DOLLARS SHALL BE TRANSFERRED TO THE NIAGARA FALLS HOUSING AUTHORITY; AND (6) WITHIN THIRTY-FIVE DAYS UPON RECEIPT OF SUCH FUNDS BY SUCH CITY, SEVEN PERCENT OF THE TOTAL AMOUNT RECEIVED IN EACH YEAR, NOT TO EXCEED TWO MILLION TWO HUNDRED FIFTY THOUSAND DOLLARS SHALL BE TRANSFERRED TO THE NIAGARA FALLS AQUARIUM; AND (7) WITHIN THIRTY-FIVE DAYS UPON RECEIPT OF SUCH FUNDS BY SUCH CITY, SEVEN PERCENT OF THE TOTAL AMOUNT RECEIVED IN EACH YEAR, NOT TO EXCEED TWO MILLION TWO HUNDRED FIFTY THOUSAND DOLLAR SHALL BE TRANSFERRED TO THE WESTERN NEW YORK STATE FIRST RESPONSE AND PREPAREDNESS CENTER; AND (8) WITHIN THIRTY-FIVE DAYS UPON RECEIPT OF SUCH FUNDS BY SUCH CITY, ONE PERCENT OF THE TOTAL AMOUNT RECEIVED IN EACH YEAR, NOT TO BE LESS THAN ONE HUNDRED FIFTY THOUSAND DOLLARS SHALL BE TRANSFERRED TO MOUNT SAINT MARY'S NEIGHBORHOOD HEALTH CENTER; and (iii) all other monies appropriated or received for distribution pursuant to this subdivision after the transfer of money pursuant to this subparagraph and subparagraphs (i) and (ii) of this paragraph in each year shall be allocated to the city of Niagara Falls for infras- tructure and road improvement projects. S 5. Section 2 of chapter 747 of the laws of 2006 amending the state finance law, relating to the tribal-state compact revenue account, is amended to read as follows: S. 6405--B 138 S 2. This act shall take effect immediately, and shall expire and be deemed repealed December 31, [2016] 2026. S 6. This act shall take effect immediately, provided that: 1. the amendments to subdivision 3 of section 99-h of the state finance law made by section one of this act shall take effect January 1, 2017 and shall be subject to the expiration and reversion of such subdi- vision as provided in section 3 of part W of chapter 60 of the laws of 2011, as amended when upon such date the provisions of section two of this act shall take effect; 2. the amendments to subdivision 3 of section 99-h of the state finance law made by section two of this act shall be subject to the expiration and reversion of such section as provided in section 2 of chapter 747 of the laws of 2006, as amended when upon such date the provisions of section three of this act shall take effect; and 3. the amendments to paragraph (a) of subdivision 4 of section 99-h of the state finance law made by section four of this act shall be subject to the expiration of such subdivision as provided in chapter 747 of the laws of 2006, as amended and shall be deemed expired and repealed there- with. PART DD Section 1. Section 167 of the workers' compensation law, as added by chapter 446 of the laws of 2006, is amended to read as follows: S 167. Claims of volunteers. For persons who participated in World Trade Center rescue, recovery and clean-up operations as volunteers, the uninsured employers' fund shall be deemed to be the employer [only] for the purposes of administering and paying claims pursuant to this arti- cle. Benefits under this chapter shall be payable to such volunteers [only] IN THE FIRST INSTANCE AND to the extent that funds are available out of funds appropriated to the United States Department of Labor under Public Law 109-148 to reimburse the uninsured employer's fund for the payment of such benefits AND THEREAFTER FROM THE UNINSURED EMPLOYERS' FUND. THE UNINSURED EMPLOYERS' FUND MAY PAY FOR VOLUNTEERS' MEDICAL TREATMENT NOTWITHSTANDING SUCH MEDICAL EXPENSES HAVING BEEN DENIED BY THE WORLD TRADE CENTER HEALTH ORGANIZATION. S 2. This act shall take effect immediately. PART EE Section 1. The banking law is amended by adding a new section 46 to read as follows: S 46. COMMUNITY REINVESTMENT EVALUATION EXEMPTIONS. NOTWITHSTANDING ANY LAW, RULE OR REGULATION TO THE CONTRARY, A BANKING ORGANIZATION WHICH HAS TOTAL ASSETS OF LESS THAN ONE BILLION DOLLARS AND WHICH RECEIVED A RATING OF SATISFACTORY OR OUTSTANDING IN THE MOST RECENT COMMUNITY REINVESTMENT ACT EXAMINATION CONDUCTED BY SUCH BANKING ORGAN- IZATION'S PRIMARY FEDERAL REGULATOR SHALL BE EXEMPT FROM THE CONDUCT BY THE DEPARTMENT OF FINANCIAL SERVICES OF A COMMUNITY REINVESTMENT EVALU- ATION. S 2. This act shall take effect on the sixtieth day after it shall have become a law. PART FF S. 6405--B 139 Section 1. Paragraph (b) of subdivision 2 of section 36 of the banking law, as amended by chapter 464 of the laws of 2006, is amended to read as follows: (b) the superintendent [may] SHALL extend the examination interval from at least once in each calendar year to at least once in each eigh- teen month period if the banking organization to be examined: (1) has total assets of less than [two hundred fifty million dollars] ONE BILLION DOLLARS; (2) is well-capitalized, which for purposes of this paragraph is defined as having capital which significantly exceeds the required mini- mum level for each relevant capital measure or as having such capital as the superintendent shall otherwise define by regulation; (3) at its most recent examination, was found to be well-managed and its composite condition was found to be outstanding or good; (4) is not currently subject to a formal enforcement proceeding or order by the superintendent, the federal deposit insurance corporation or any other federal banking agency; and (5) has not been acquired by any person during the twelve month period in which an examination would be required but for this paragraph, and S 2. This act shall take effect immediately. PART GG Section 1. Subdivision 2 of section 87 of the banking law, as amended by chapter 495 of the laws of 2013, is amended to read as follows: 2. The maximum amount of funds which the state comptroller and the commissioner of taxation and finance may deposit under this program shall not exceed [two] THREE hundred fifty million dollars each; HOWEV- ER, AT A MINIMUM, SUCH DEPOSITS MUST BE MADE IN AN AMOUNT OF AT LEAST ONE HUNDRED FIFTY MILLION DOLLARS EACH UNLESS IT IS DETERMINED THAT COMPLIANCE WITH SUCH MINIMUM DEPOSIT AMOUNT CANNOT REASONABLY OCCUR GIVEN THE AMOUNT OF MONEY MAINTAINED FOR DEPOSIT. The maximum amount of funds on deposit at a community banking institution shall not exceed twenty million dollars. CONSIDERATION SHALL BE GIVEN TO EQUITABLY DISTRIBUTE SUCH DEPOSITS ON A REGIONAL BASIS. S 2. This act shall take effect on the ninetieth day after it shall have become a law. PART HH Section 1. Short title. This act shall be known and may be cited as the "community bank service corporation act". S 2. The banking law is amended by adding a new article 2-D to read as follows: ARTICLE II-D COMMUNITY BANK SERVICE CORPORATIONS SECTION 88. SERVICE CORPORATIONS OWNED BY COMMUNITY BANKS; AUTHORIZED ACTIVITIES OF SUCH CORPORATIONS; INVESTMENTS THEREIN. S 88. SERVICE CORPORATIONS OWNED BY COMMUNITY BANKS; AUTHORIZED ACTIV- ITIES OF SUCH CORPORATIONS; INVESTMENTS THEREIN. 1. A COMMUNITY BANK MAY INVEST IN THE STOCK, CAPITAL NOTES AND DEBENTURES OF ONE OR MORE SERVICE CORPORATIONS ORGANIZED UNDER THE LAWS OF THIS STATE FOR THE SOLE ACTIV- ITIES SET FORTH IN SUBDIVISION TWO OF THIS SECTION, TO THE EXTENT AND UPON SUCH CONDITIONS AS ARE OR HAVE BEEN AUTHORIZED BY THE SUPERINTEN- DENT INCLUDING BUT NOT LIMITED TO THE FOLLOWING ACTIVITIES: S. 6405--B 140 (A) PROVIDING SERVICES PRIMARILY FOR OTHER FINANCIAL INSTITUTIONS PARTICULARLY ACCOUNTING, AUDITING, CLERICAL, COMPLIANCE ACTIVITIES, CONSULTING, DATA STORAGE AND PROCESS, INVESTMENT ADVISORY, RESEARCH SERVICES, LOCATOR SERVICES, PERSONNEL TRAINING AND SUPPORT, MARKETING SERVICES, EMPLOYEE LEASING SERVICES, AND MANAGERIAL; (B) ORIGINATING, INVESTING IN, PURCHASING, SELLING, SERVICING OR OTHERWISE DEALING IN DIRECTLY OR THROUGH PARTICIPATION, LOANS OF ANY TYPE WHICH MAY BE MADE BY A COMMUNITY BANK; (C) PROVIDING INSURANCE BROKERAGE OR AGENCY SERVICES, INCLUDING BUT NOT LIMITED TO AGENCY FOR SALE OF INSURANCE, VEHICLE WARRANTY PROGRAMS, GROUP PURCHASING PROGRAMS AND REAL ESTATE SETTLEMENT PROGRAMS; (D) PROVIDING REAL ESTATE SERVICES INCLUDING BUT NOT LIMITED TO BROKERAGE, APPRAISAL, INSPECTION, PROPERTY MANAGEMENT, AND LEASING OF EXCESS PROPERTY; (E) LEASING OF PERSONAL PROPERTY TO CUSTOMERS; (F) PROVIDING LOAN SUPPORT SERVICES INCLUDING BUT NOT LIMITED TO DEBT COLLECTION SERVICES, LOAN PROCESSING, SERVICE AND SALES, REAL ESTATE SETTLEMENT SERVICES, PURCHASING AND SERVICING OF NON-PERFORMING LOANS AND REFERRAL AND PROCESSING OF LOAN APPLICATIONS; (G) RECORD RETENTION, SECURITY AND DISASTER RECOVERY SERVICES INCLUD- ING BUT NOT LIMITED TO ALARM-MONITORING AND OTHER SECURITY SERVICES, DISASTER RECOVERY SERVICES, MICROFILM, MICROFICHE, OPTICAL AND ELECTRON- IC IMAGING, CD-ROM DATA STORAGE AND RETRIEVAL SERVICES, PROVISION OF FORMS AND SUPPLIES AND RECORD RETENTION AND STORAGE; (H) SECURITIES BROKERAGE SERVICES; (I) SHARED COMMUNITY BANK BRANCH OPERATIONS; (J) STUDENT LOAN ORIGINATION, INCLUDING THE AUTHORITY TO BUY AND SELL PARTICIPATION INTERESTS IN SUCH LOANS; (K) TRAVEL AGENCY AND TAX PREPARATION SERVICES; (L) PROVIDING COURIER SERVICES; (M) TRUST AND TRUST RELATED SERVICES INCLUDING BUT NOT LIMITED TO ACTING AS ADMINISTRATOR FOR PREPAID LEGAL SERVICE PLANS, ACTING AS TRUS- TEE, GUARDIAN, CONSERVATOR, ESTATE ADMINISTRATOR OR IN ANY OTHER FIDUCI- ARY CAPACITY AND TRUST SERVICES; (N) CREDIT AND LOAN ORIGINATION; (O) PAYROLL PROCESSING SERVICES; (P) ISSUING CREDIT CARDS AND ENGAGING IN CREDIT CARD OPERATIONS; (Q) ISSUING LETTERS OF CREDIT; AND (R) SPONSORING, ORGANIZING AND ADVISING OPEN-ENDED MUTUAL FUNDS; PROVIDED THAT ALL OF THE STOCK OF SUCH SERVICE CORPORATIONS IS, OR IS TO BE, OWNED BY ONE OR MORE COMMUNITY BANKS; AND PROVIDED FURTHER, THAT NO COMMUNITY BANK MAY MAKE ANY INVESTMENT UNDER THIS SECTION IF ITS AGGRE- GATE OUTSTANDING INVESTMENT THEREBY, DETERMINED AS PRESCRIBED BY THE SUPERINTENDENT, WOULD EXCEED FIVE PER CENTUM OF ITS ASSETS. 2. THE ACTIVITIES OF SUCH SERVICE CORPORATIONS, PERFORMED DIRECTLY OR THROUGH ONE OR MORE WHOLLY OWNED SUBSIDIARIES, SHALL CONSIST OF RENDER- ING SUCH SERVICES TO COMMUNITY BANKS AND MAKING SUCH INVESTMENTS FOR ITSELF AND FOR COMMUNITY BANKS AS ARE AUTHORIZED SERVICES AND INVEST- MENTS FOR SUCH COMMUNITY BANKS UNDER THE PROVISIONS OF THIS CHAPTER, AS WELL AS SUCH ACTIVITIES AS MAY BE PRESCRIBED BY THE GENERAL REGULATION OF THE SUPERINTENDENT. 3. FOR PURPOSES OF THIS SECTION, A COMMUNITY BANK SHALL BE DEFINED AS A BANK OR TRUST COMPANY ORGANIZED UNDER OR SUBJECT TO THE PROVISION OF ARTICLE THREE OF THIS CHAPTER OR THE COMPARABLE PROVISION OF THE LAWS OF ANOTHER STATE OR A NATIONAL BANKING ASSOCIATION OR A SAVINGS BANK, A SAVINGS AND LOAN ASSOCIATION OR OTHER SAVINGS INSTITUTION CHARTERED AND S. 6405--B 141 SUPERVISED AS SUCH UNDER FEDERAL OR STATE LAW WHERE AVERAGE VALUE OF ASSETS MUST NOT EXCEED EIGHT BILLION DOLLARS. S 3. This act shall take effect on the sixtieth day after it shall have become a law. PART II Section 1. The general municipal law is amended by adding a new section 209-ff to read as follows: S 209-FF. MINIMUM ACCIDENTAL DISABILITY RETIREMENT ALLOWANCE FOR POLICEMEN IN CITIES, TOWNS AND VILLAGES WHO ARE MEMBERS OF A POLICE PENSION OR RETIREMENT SYSTEM. 1. AS USED IN THIS SECTION, THE TERM "POLICE ACCIDENTAL DISABILITY RETIREMENT ALLOWANCE" SHALL MEAN THE ALLOWANCE GRANTED TO ANY PERSON WHO IS AN OFFICER OR MEMBER OF THE UNIFORMED FORCE OR A POLICE DEPARTMENT OF ANY CITY, TOWN OR VILLAGE, AND WHO IS A MEMBER OF A POLICE PENSION OR RETIREMENT SYSTEM, PURSUANT TO SECTION FIVE HUNDRED SEVEN OF THE RETIREMENT AND SOCIAL SECURITY LAW, OR SECTION THREE HUNDRED SIXTY-THREE OF THE RETIREMENT AND SOCIAL SECURITY LAW, OR ANY SIMILAR ACCIDENTAL DISABILITY PENSION PROVIDED BY THE PENSION FUND OF WHICH HE OR SHE IS A MEMBER. 2. NOTWITHSTANDING THE PROVISIONS OF ANY GENERAL, SPECIAL OR LOCAL LAW, CHARTER OR ADMINISTRATIVE CODE TO THE CONTRARY, AND IN LIEU OF ANY LESSER AMOUNT OTHERWISE PRESCRIBED, ANY POLICE ACCIDENTAL DISABILITY RETIREMENT ALLOWANCE SHALL NOT BE LESS THAN THREE-QUARTERS OF THE MEMBER OF THE POLICE PENSION OR RETIREMENT SYSTEM'S FINAL AVERAGE SALARY OR ANNUAL COMPENSATION, AS SUCH FINAL AVERAGE SALARY OR ANNUAL COMPENSATION IS OTHERWISE PRESCRIBED BY LAW. SUCH ALLOWANCE SHALL NOT BE REDUCED, DIMINISHED OR OFFSET BY A MEMBER'S RECEIPT OF, OR ELIGIBILITY FOR, SOCIAL SECURITY BENEFITS. 3. NOTWITHSTANDING THE PROVISIONS OF ANY GENERAL, SPECIAL OR LOCAL LAW, CHARTER OR ADMINISTRATIVE CODE TO THE CONTRARY, AND IN LIEU OF ANY AMOUNT PRESCRIBED BY SECTION FIVE HUNDRED TEN OF THE RETIREMENT AND SOCIAL SECURITY LAW OR OTHERWISE PRESCRIBED BY LAW, A COST OF LIVING ADJUSTMENT SHALL BE PAYABLE ON POLICE ACCIDENTAL DISABILITY RETIREMENT ALLOWANCES UNDER THE SAME TERMS AND CONDITIONS AS PROVIDED IN SUCH SYSTEMS IMMEDIATELY PRIOR TO JULY FIRST, TWO THOUSAND NINE. 4. NOTWITHSTANDING THE PROVISIONS OF ANY GENERAL, SPECIAL OR LOCAL LAW, CHARTER OR ADMINISTRATIVE CODE TO THE CONTRARY, SUBDIVISION D OF SECTION FIVE HUNDRED SEVEN OF THE RETIREMENT AND SOCIAL SECURITY LAW SHALL NOT APPLY TO MEMBERS OF A POLICE PENSION OR RETIREMENT SYSTEM WHO RECEIVE POLICE ACCIDENTAL DISABILITY RETIREMENT ALLOWANCES. SUCH MEMBERS SHALL BE SUBJECT TO POST-RETIREMENT MEDICAL EXAMINATIONS, AND WHERE APPLICABLE, MODIFICATION OF RETIREMENT ALLOWANCES FOLLOWING SUCH EXAM- INATIONS, IN THE SAME MANNER AND UNDER THE SAME CONDITIONS PRESCRIBED BY LAW IMMEDIATELY PRIOR TO JULY FIRST, TWO THOUSAND NINE FOR MEMBERS OF SUCH POLICE PENSION OR RETIREMENT SYSTEMS. S 2. This act shall take effect immediately. PART JJ Section 1. Subdivisions a and b of section 13-357 of the administra- tive code of the city of New York, subdivision a as amended by chapter 438 of the laws of 1986, are amended to read as follows: a. Once each year the board may, and upon his or her own application shall, require any disability pensioner, under the minimum period for service retirement elected by him or her, and who at the time of his or S. 6405--B 142 her retirement for disability was an improved benefits plan member, OR ANY DISABILITY PENSIONER RETIRED PURSUANT TO SECTION FIVE HUNDRED SIX OR FIVE HUNDRED SEVEN OF THE RETIREMENT AND SOCIAL SECURITY LAW, AND WHO IS UNDER EARLY RETIREMENT AGE AS DEFINED IN SECTION FIVE HUNDRED ONE OF THE RETIREMENT AND SOCIAL SECURITY LAW FOR POLICE/FIRE MEMBERS to undergo medical examination. Such examination shall be made at the place of residence of such beneficiary or other place mutually agreed upon. Upon the completion of such examination the medical board shall report and certify to the board whether such beneficiary is or is not totally or partially incapacitated physically or mentally and whether he or she is or is not engaged in or able to engage in a gainful occupation. If the board concur in a report by the medical board that such beneficiary is able to engage in a gainful occupation, it shall certify the name of such beneficiary to the appropriate civil service commission, state or municipal, and such commission shall place his or her name as a preferred eligible on such appropriate lists of candidates as are prepared for appointment to positions for which he or she is stated to be qualified. Should such beneficiary be engaged in a gainful occupa- tion, or should he or she be offered city-service as a result of the placing of his or her name on a civil service list, such board shall reduce the amount of his or her disability pension and his or her pension-providing-for-increased-take-home-pay, if any, to an amount which, when added to that then earned by him or her, or earnable by him or her in city-service so offered him or her, shall not exceed the current maximum salary for the title next higher than that held by him or her when he or she was retired. Should the earning capacity of such beneficiary be further altered, such board may further alter his or her pension and his or her pension-providing-for-increased-take-home-pay, if any, to an amount which shall not exceed the rate of pension and his or her pension-providing-for-increased-take-home-pay, if any, upon which he or she was originally retired but which, subject to such limitation, shall equal, when added to that earnable by him or her, the current maximum salary for the title next higher than that held by him or her when he or she was retired. The provisions of this section shall be executed, any provision of the charter or the code to the contrary notwithstanding. b. Should any disability pensioner, under the minimum period for service retirement elected by him or her, and who was an improved bene- fits plan member at the time of his or her retirement for disability, OR ANY DISABILITY PENSIONER RETIRED PURSUANT TO SECTION FIVE HUNDRED SIX OR FIVE HUNDRED SEVEN OF THE RETIREMENT AND SOCIAL SECURITY LAW AND WHO IS UNDER EARLY RETIREMENT AGE AS DEFINED IN SECTION FIVE HUNDRED ONE OF THE RETIREMENT AND SOCIAL SECURITY LAW FOR POLICE/FIRE MEMBERS, refuse to submit to one medical examination in any year by a physician or physi- cians designated by the medical board, his or her pension and his or her pension-providing-for-increased-take-home-pay, if any, may be discontin- ued until his or her withdrawal of such refusal. Should such refusal continue for one year, all his or her rights in and to such pension and his or her pension-providing-for-increased-take-home-pay, if any, may be revoked by such board. S 2. Section 13-171 of the administrative code of the city of New York is amended by adding a new subdivision c to read as follows: C. THE PROVISIONS OF SUBDIVISIONS A AND B OF THIS SECTION SHALL APPLY TO SANITATION OR CORRECTION MEMBERS OF THE NEW YORK CITY EMPLOYEES' RETIREMENT SYSTEM, AND UNIFORMED COURT OFFICER MEMBERS OF THE NEW YORK CITY EMPLOYEES' RETIREMENT SYSTEM, WHO RETIRED PURSUANT TO SECTION FIVE S. 6405--B 143 HUNDRED SIX OR FIVE HUNDRED SEVEN OF THE RETIREMENT AND SOCIAL SECURITY LAW AND WHO IS UNDER EARLY RETIREMENT AGE AS DEFINED IN SECTION FIVE HUNDRED ONE OF THE RETIREMENT AND SOCIAL SECURITY LAW. S 3. Section 506 of the retirement and social security law is amended by adding three new subdivisions e, f and g to read as follows: E. 1. NOTWITHSTANDING ANY OTHER PROVISION OF THIS CHAPTER OR OF ANY GENERAL, SPECIAL OR LOCAL LAW, CHARTER, ADMINISTRATIVE CODE OR RULE OR REGULATION TO THE CONTRARY, SUBDIVISIONS A, B, C AND D OF THIS SECTION SHALL NOT APPLY TO MEMBERS OF THE NEW YORK FIRE DEPARTMENT PENSION FUND WHO ARE SUBJECT TO THIS ARTICLE. A MEMBER OF THE NEW YORK FIRE DEPART- MENT PENSION FUND WHO IS SUBJECT TO THIS ARTICLE SHALL INSTEAD BE ELIGI- BLE FOR ORDINARY DISABILITY RETIREMENT PURSUANT TO SECTIONS 13-352 AND 13-357 OF THE ADMINISTRATIVE CODE OF THE CITY OF NEW YORK, AND SHALL RECEIVE A RETIREMENT ALLOWANCE WHICH SHALL CONSIST OF: (I) AN ANNUITY, WHICH SHALL BE THE ACTUARIAL EQUIVALENT OF HIS OR HER ACCUMULATED CONTRIBUTIONS, IF ANY, AT THE TIME OF HIS OR HER RETIREMENT; AND (II) A PENSION WHICH IS THE ACTUARIAL EQUIVALENT OF THE RESERVE-FOR-INCREASED-TAKE-HOME-PAY TO WHICH HE OR SHE MAY THEN BE ENTI- TLED, IF ANY, AND (III) A PENSION, WHICH TOGETHER WITH HIS OR HER ANNUITY AND THE PENSION-PROVIDING-FOR-INCREASED-TAKE-HOME-PAY, IF ANY, SHALL BE EQUAL TO A RETIREMENT ALLOWANCE EQUAL TO ONE-FORTIETH OF HIS OR HER FINAL AVERAGE SALARY MULTIPLIED BY THE NUMBER OF YEARS OF CITY-SERVICE CREDITED TO HIM OR HER, BUT NOT LESS THAN (1) ONE-HALF OF HIS OR HER FINAL AVERAGE SALA- RY, IF THE YEARS OF CITY-SERVICE CREDITED TO HIM OR HER ARE TEN OR MORE, OR (2) ONE-THIRD OF HIS OR HER FINAL AVERAGE SALARY, IF THE YEARS OF CITY-SERVICE CREDITED TO HIM OR HER ARE LESS THAN TEN. 2. THE PROVISIONS OF SUBDIVISIONS G, H AND I OF SECTION FIVE HUNDRED SEVEN OF THIS ARTICLE SHALL APPLY TO DISABILITY BENEFITS UNDER THIS SUBDIVISION. F. NOTWITHSTANDING ANY OTHER PROVISION OF THIS CHAPTER OR OF ANY GENERAL, SPECIAL OR LOCAL LAW, CHARTER, ADMINISTRATIVE CODE OR RULE OR REGULATION TO THE CONTRARY, SUBDIVISIONS A, B, C AND D OF THIS SECTION SHALL NOT APPLY TO SANITATION AND CORRECTION MEMBERS OF THE NEW YORK CITY EMPLOYEES' RETIREMENT SYSTEM WHO ARE SUBJECT TO THIS ARTICLE. A SANITATION OR CORRECTION MEMBER OF THE NEW YORK CITY EMPLOYEES' RETIRE- MENT SYSTEM WHO IS SUBJECT TO THIS ARTICLE SHALL INSTEAD BE ELIGIBLE FOR ORDINARY DISABILITY RETIREMENT PURSUANT TO SECTION 13-167 OF THE ADMIN- ISTRATIVE CODE OF THE CITY OF NEW YORK AND SHALL RECEIVE A RETIREMENT ALLOWANCE WHICH SHALL BE EQUAL TO THE GREATER OF: (I) ONE-THIRD OF HIS OR HER FINAL AVERAGE SALARY; OR (II) ONE-SIXTIETH OF HIS OR HER FINAL AVERAGE SALARY MULTIPLIED BY THE NUMBER OF YEARS OF HIS OR HER CREDITED SERVICE; PROVIDED, HOWEVER, THAT WHERE SUCH MEMBER IS OTHERWISE ELIGIBLE TO RETIRE FROM SERVICE, AND THE RETIREMENT ALLOWANCE WHICH HE OR SHE WOULD RECEIVE IN THE CASE OF SERVICE RETIREMENT IS LARGER THAN THE RETIREMENT ALLOWANCE HE OR SHE WOULD OTHERWISE RECEIVE UNDER THIS PARAGRAPH OR PARAGRAPH (I) OF THIS SUBDIVISION, HIS OR HER DISABILITY RETIREMENT ALLOWANCE PURSUANT TO THIS SUBDIVISION SHALL BE EQUAL TO THE RETIREMENT ALLOWANCE HE OR SHE WOULD RECEIVE IF HE OR SHE HAD RETIRED FROM SERVICE. G. NOTWITHSTANDING ANY OTHER PROVISION OF THIS CHAPTER OR OF ANY GENERAL, SPECIAL OR LOCAL LAW, CHARTER, ADMINISTRATIVE CODE OR RULE OR REGULATION TO THE CONTRARY, SUBDIVISIONS A, B, C AND D OF THIS SECTION SHALL NOT APPLY TO UNIFORMED COURT OFFICERS IN THE NEW YORK CITY EMPLOY- EES' RETIREMENT SYSTEM WHO ARE SUBJECT TO THIS ARTICLE. A UNIFORMED S. 6405--B 144 COURT OFFICER IN THE NEW YORK CITY EMPLOYEES' RETIREMENT SYSTEM WHO IS SUBJECT TO THIS ARTICLE SHALL INSTEAD BE ELIGIBLE FOR ORDINARY DISABILI- TY RETIREMENT PURSUANT TO SECTION 13-167 OF THE ADMINISTRATIVE CODE OF THE CITY OF NEW YORK AND SHALL RECEIVE A RETIREMENT ALLOWANCE WHICH SHALL BE EQUAL TO THE GREATER OF: (I) ONE-THIRD OF HIS OR HER FINAL AVERAGE SALARY; OR (II) ONE-SIXTIETH OF HIS OR HER FINAL AVERAGE SALARY MULTIPLIED BY THE NUMBER OF YEARS OF HIS OR HER CREDITED SERVICE; PROVIDED, HOWEVER, THAT WHERE SUCH MEMBER IS OTHERWISE ELIGIBLE TO RETIRE FROM SERVICE, AND THE RETIREMENT ALLOWANCE WHICH HE OR SHE WOULD RECEIVE IN THE CASE OF SERVICE RETIREMENT IS LARGER THAN THE RETIREMENT ALLOWANCE HE OR SHE WOULD OTHERWISE RECEIVE UNDER THIS PARAGRAPH OR PARAGRAPH (I) OF THIS SUBDIVISION, HIS OR HER DISABILITY RETIREMENT ALLOWANCE PURSUANT TO THIS SUBDIVISION SHALL BE EQUAL TO THE RETIREMENT ALLOWANCE HE OR SHE WOULD RECEIVE IF HE OR SHE HAD RETIRED FROM SERVICE. S 4. Section 507 of the retirement and social security law is amended by adding three new subdivisions j, k and l to read as follows: J. NOTWITHSTANDING ANY OTHER PROVISION OF THIS CHAPTER OR ANY GENERAL, SPECIAL OR LOCAL LAW, CHARTER, ADMINISTRATIVE CODE OR RULE OR REGULATION TO THE CONTRARY, SUBDIVISIONS A, B, C, D, E, AND F OF THIS SECTION SHALL NOT APPLY TO MEMBERS OF THE NEW YORK FIRE DEPARTMENT PENSION FUND WHO ARE SUBJECT TO THIS ARTICLE. A MEMBER OF THE NEW YORK FIRE DEPARTMENT PENSION FUND WHO IS SUBJECT TO THIS ARTICLE SHALL INSTEAD BE ELIGIBLE FOR ACCIDENTAL DISABILITY RETIREMENT PURSUANT TO SECTIONS 13-353, 13-354, AND 13-357 OF THE ADMINISTRATIVE CODE OF THE CITY OF NEW YORK AND ANY ACCIDENTAL DISABILITY RETIREMENT BENEFITS FOUND IN THE GENERAL MUNICIPAL LAW AND SHALL RECEIVE A RETIREMENT ALLOWANCE WHICH SHALL CONSIST OF: 1. AN ANNUITY, WHICH SHALL BE THE ACTUARIAL EQUIVALENT OF HIS OR HER ACCUMULATED CONTRIBUTIONS, IF ANY, AT THE TIME OF HIS OR HER RETIREMENT; AND 2. A PENSION WHICH IS THE ACTUARIAL EQUIVALENT OF THE RESERVE-FOR-IN- CREASED-TAKE-HOME-PAY TO WHICH HE OR SHE MAY THEN BE ENTITLED, IF ANY; AND 3. A PENSION, OF THREE-QUARTERS OF HIS OR HER FINAL AVERAGE SALARY, IN ADDITION TO THE ANNUITY AND PENSION PROVIDED FOR BY PARAGRAPHS ONE AND TWO OF THIS SUBDIVISION. K. NOTWITHSTANDING ANY OTHER PROVISION OF THIS CHAPTER OR ANY GENER- AL, SPECIAL OR LOCAL LAW, CHARTER, ADMINISTRATIVE CODE OR RULE OR REGU- LATION TO THE CONTRARY, SUBDIVISIONS A, B, C, D, E AND F OF THIS SECTION SHALL NOT APPLY TO SANITATION AND CORRECTION MEMBERS OF THE NEW YORK CITY EMPLOYEES' RETIREMENT SYSTEM WHO ARE SUBJECT TO THIS ARTICLE. A SANITATION OR CORRECTION MEMBER OF THE NEW YORK CITY EMPLOYEES' RETIRE- MENT SYSTEM WHO IS SUBJECT TO THIS ARTICLE SHALL INSTEAD BE ELIGIBLE FOR ACCIDENTAL DISABILITY RETIREMENT PURSUANT TO SECTION 13-168 OF THE ADMINISTRATIVE CODE OF THE CITY OF NEW YORK AND ANY ACCIDENTAL DISABILI- TY RETIREMENT BENEFITS FOUND IN THE GENERAL MUNICIPAL LAW AND SHALL RECEIVE A RETIREMENT ALLOWANCE WHICH SHALL BE EQUAL TO THREE-QUARTERS OF FINAL AVERAGE SALARY, SUBJECT TO THE PROVISIONS OF SECTION 13-176 OF THE ADMINISTRATIVE CODE OF THE CITY OF NEW YORK. L. NOTWITHSTANDING ANY OTHER PROVISION OF THIS CHAPTER OR ANY GENERAL, SPECIAL OR LOCAL LAW, CHARTER, ADMINISTRATIVE CODE OR RULE OR REGULATION TO THE CONTRARY, SUBDIVISIONS A, B, C, D, E AND F OF THIS SECTION SHALL NOT APPLY TO UNIFORMED COURT OFFICERS IN THE NEW YORK CITY EMPLOYEES' RETIREMENT SYSTEM WHO ARE SUBJECT TO THIS ARTICLE. A UNIFORMED COURT OFFICER IN THE NEW YORK CITY EMPLOYEES' RETIREMENT SYSTEM WHO IS SUBJECT S. 6405--B 145 TO THIS ARTICLE SHALL INSTEAD BE ELIGIBLE FOR ACCIDENTAL DISABILITY RETIREMENT PURSUANT TO SECTION 13-168 OF THE ADMINISTRATIVE CODE OF THE CITY OF NEW YORK AND ANY ACCIDENTAL DISABILITY RETIREMENT BENEFITS FOUND IN THE GENERAL MUNICIPAL LAW AND SHALL RECEIVE A RETIREMENT ALLOWANCE WHICH SHALL BE EQUAL TO THREE-QUARTERS OF FINAL AVERAGE SALARY SUBJECT TO THE PROVISIONS OF SECTION 13-176 OF THE ADMINISTRATIVE CODE OF THE CITY OF NEW YORK. S 5. Section 510 of the retirement and social security law is amended by adding a new subdivision i to read as follows: I. NOTWITHSTANDING ANY OTHER PROVISIONS OF THIS ARTICLE OR THE ADMIN- ISTRATIVE CODE OF THE CITY OF NEW YORK, THE ANNUAL ESCALATION PROVIDED IN THIS SECTION SHALL NOT APPLY TO THE ORDINARY OR ACCIDENTAL DISABILITY RETIREMENT BENEFIT OF MEMBERS OF THE NEW YORK FIRE DEPARTMENT PENSION FUND, OR THE ORDINARY OR ACCIDENTAL DISABILITY RETIREMENT BENEFIT OF SANITATION AND CORRECTION MEMBERS OF THE NEW YORK CITY EMPLOYEES' RETIREMENT SYSTEM AND UNIFORMED COURT OFFICERS IN THE NEW YORK CITY EMPLOYEES' RETIREMENT SYSTEM, WHO RETIRE PURSUANT TO SECTION FIVE HUNDRED SIX OR FIVE HUNDRED SEVEN OF THIS ARTICLE. THE ORDINARY OR ACCI- DENTAL DISABILITY RETIREMENT BENEFIT OF MEMBERS OF THE NEW YORK FIRE DEPARTMENT PENSION FUND, THE ORDINARY OR ACCIDENTAL DISABILITY RETIRE- MENT BENEFIT OF SANITATION AND CORRECTION MEMBERS OF THE NEW YORK CITY EMPLOYEES' RETIREMENT SYSTEM, OR THE ORDINARY OR ACCIDENTAL DISABILITY RETIREMENT BENEFIT OF UNIFORMED COURT OFFICERS IN THE NEW YORK CITY EMPLOYEES' RETIREMENT SYSTEM WHO RETIRE PURSUANT TO SECTION FIVE HUNDRED SIX OR FIVE HUNDRED SEVEN OF THIS ARTICLE SHALL BE ADJUSTED FOR COST-OF-LIVING PURSUANT TO THE PROVISIONS OF SECTION 13-696 OF THE ADMINISTRATIVE CODE OF THE CITY OF NEW YORK. S 6. Subdivision f of section 511 of the retirement and social securi- ty law, as amended by chapter 18 of the laws of 2012, is amended to read as follows: f. This section shall not apply to general members in the uniformed correction force of the New York city department of correction or to uniformed personnel in institutions under the jurisdiction of the department of corrections and community supervision and security hospi- tal treatment assistants, as those terms are defined in subdivision i of section eighty-nine of this chapter, provided, however, that the provisions of this section shall apply to a New York city uniformed correction/sanitation revised plan member, AND THIS SECTION SHALL ALSO NOT APPLY TO MEMBERS OF THE NEW YORK FIRE DEPARTMENT PENSION FUND, OR SANITATION REVISED PLAN MEMBERS OF THE NEW YORK CITY EMPLOYEES' RETIRE- MENT SYSTEM, OR CORRECTION REVISED PLAN MEMBERS OF THE NEW YORK CITY EMPLOYEES' RETIREMENT SYSTEM, OR REVISED PLAN MEMBERS WHO ARE UNIFORMED COURT OFFICERS IN THE NEW YORK CITY EMPLOYEES' RETIREMENT SYSTEM WHO ARE SUBJECT TO THIS ARTICLE WHO RETIRE ON ORDINARY OR ACCIDENTAL DISABILITY RETIREMENT PURSUANT TO SECTION FIVE HUNDRED SIX OR FIVE HUNDRED SEVEN OF THIS ARTICLE. S 7. Section 512 of the retirement and social security law is amended by adding three new subdivisions e, f and g to read as follows: E. NOTWITHSTANDING THE PROVISIONS OF SUBDIVISION A OF THIS SECTION, OR ANY OTHER GENERAL, SPECIAL OR LOCAL LAW, WITH RESPECT TO MEMBERS OF THE NEW YORK FIRE DEPARTMENT PENSION FUND WHO RETIRE PURSUANT TO SECTIONS FIVE HUNDRED SIX AND FIVE HUNDRED SEVEN OF THIS ARTICLE, A MEMBER'S FINAL AVERAGE SALARY SHALL MEAN THE SALARY EARNED BY SUCH MEMBER DURING THE ONE-YEAR PERIOD IMMEDIATELY PRIOR TO RETIREMENT, EXCLUSIVE OF ANY FORM OF TERMINATION PAY (WHICH SHALL INCLUDE ANY COMPENSATION IN ANTIC- IPATION OF RETIREMENT), OR ANY LUMP SUM PAYMENT FOR DEFERRED COMPEN- S. 6405--B 146 SATION, SICK LEAVE, OR ACCUMULATED VACATION CREDIT, OR ANY OTHER PAYMENT FOR TIME NOT WORKED (OTHER THAN COMPENSATION RECEIVED WHILE ON SICK LEAVE OR AUTHORIZED LEAVE OF ABSENCE); PROVIDED, HOWEVER, IF THE SALARY OR WAGES EARNED DURING THE ONE YEAR PERIOD IMMEDIATELY PRIOR TO RETIRE- MENT EXCEEDS THAT OF THE PREVIOUS ONE-YEAR PERIOD BY MORE THAN TWENTY PER CENTUM THE AMOUNT IN EXCESS OF TWENTY PER CENTUM SHALL BE EXCLUDED FROM THE COMPUTATION OF FINAL AVERAGE SALARY. IN DETERMINING FINAL AVER- AGE SALARY, ANY MONTH OR MONTHS (NOT IN EXCESS OF THREE) WHICH WOULD OTHERWISE BE INCLUDED IN COMPUTING FINAL AVERAGE SALARY BUT DURING WHICH THE MEMBER WAS ON AUTHORIZED LEAVE OF ABSENCE WITHOUT PAY SHALL BE EXCLUDED FROM THE COMPUTATION OF FINAL AVERAGE SALARY AND THE MONTH OR AN EQUAL NUMBER OF MONTHS IMMEDIATELY PRECEDING SUCH PERIOD SHALL BE SUBSTITUTED IN LIEU THEREOF. F. NOTWITHSTANDING THE PROVISIONS OF SUBDIVISION A OF THIS SECTION, OR ANY OTHER GENERAL, SPECIAL OR LOCAL LAW, WITH RESPECT TO SANITATION AND CORRECTION MEMBERS OF THE NEW YORK CITY EMPLOYEES' RETIREMENT SYSTEM WHO RETIRE PURSUANT TO SECTION FIVE HUNDRED SIX AND FIVE HUNDRED SEVEN OF THIS ARTICLE, A MEMBER'S FINAL AVERAGE SALARY SHALL MEAN THE SALARY EARNED BY SUCH MEMBER DURING ANY THREE CONSECUTIVE YEARS WHICH PROVIDE THE HIGHEST AVERAGE WAGE, EXCLUSIVE OF ANY FORM OF TERMINATION PAY (WHICH SHALL INCLUDE ANY COMPENSATION IN ANTICIPATION OF RETIREMENT), OR ANY LUMP SUM PAYMENT FOR DEFERRED COMPENSATION, SICK LEAVE, OR ACCUMU- LATED VACATION CREDIT, OR ANY OTHER PAYMENT FOR TIME NOT WORKED (OTHER THAN COMPENSATION RECEIVED WHILE ON SICK LEAVE OR AUTHORIZED LEAVE OF ABSENCE); PROVIDED, HOWEVER, IF THE SALARY OR WAGES EARNED DURING ANY YEAR INCLUDED IN THE PERIOD EXCEEDS THAT OF THE AVERAGE OF THE PREVIOUS TWO YEARS BY MORE THAN TEN PER CENTUM, THE AMOUNT IN EXCESS OF TEN PER CENTUM SHALL BE EXCLUDED FROM THE COMPUTATION OF FINAL AVERAGE SALARY. IN DETERMINING FINAL AVERAGE SALARY, ANY MONTH OR MONTHS (NOT IN EXCESS OF THREE) WHICH WOULD OTHERWISE BE INCLUDED IN COMPUTING FINAL AVERAGE SALARY BUT DURING WHICH THE MEMBER WAS ON AUTHORIZED LEAVE OF ABSENCE WITHOUT PAY SHALL BE EXCLUDED FROM THE COMPUTATION OF FINAL AVERAGE SALARY AND THE MONTH OR AN EQUAL NUMBER OF MONTHS IMMEDIATELY PRECEDING SUCH PERIOD SHALL BE SUBSTITUTED IN LIEU THEREOF. G. NOTWITHSTANDING THE PROVISIONS OF SUBDIVISION A OF THIS SECTION, OR ANY OTHER GENERAL, SPECIAL OR LOCAL LAW, WITH RESPECT TO UNIFORMED COURT OFFICERS IN THE NEW YORK CITY EMPLOYEES' RETIREMENT SYSTEM WHO RETIRE PURSUANT TO SECTION FIVE HUNDRED SIX AND FIVE HUNDRED SEVEN OF THIS ARTICLE A MEMBER'S FINAL AVERAGE SALARY SHALL MEAN THE SALARY EARNED BY SUCH MEMBER DURING THE ANY THREE CONSECUTIVE YEARS WHICH PROVIDE THE HIGHEST AVERAGE WAGE, EXCLUSIVE OF ANY FORM OF TERMINATION PAY (WHICH SHALL INCLUDE ANY COMPENSATION IN ANTICIPATION OF RETIREMENT), OR ANY LUMP SUM PAYMENT FOR DEFERRED COMPENSATION, SICK LEAVE, OR ACCUMULATED VACATION CREDIT, OR ANY OTHER PAYMENT FOR TIME NOT WORKED (OTHER THAN COMPENSATION RECEIVED WHILE ON SICK LEAVE OR AUTHORIZED LEAVE OF ABSENCE); PROVIDED, HOWEVER, IF THE SALARY OR WAGES EARNED DURING ANY YEAR INCLUDED IN THE PERIOD EXCEEDS THAT OF THE AVERAGE OF THE PREVIOUS TWO YEARS BY MORE THAN TEN PER CENTUM, THE AMOUNT IN EXCESS OF TEN PER CENTUM SHALL BE EXCLUDED FROM THE COMPUTATION OF FINAL AVERAGE SALARY. IN DETERMINING FINAL AVERAGE SALARY, ANY MONTH OR MONTHS (NOT IN EXCESS OF THREE) WHICH WOULD OTHERWISE BE INCLUDED IN COMPUTING FINAL AVERAGE SALARY BUT DURING WHICH THE MEMBER WAS ON AUTHORIZED LEAVE OF ABSENCE WITHOUT PAY SHALL BE EXCLUDED FROM THE COMPUTATION OF FINAL AVERAGE SALARY AND THE MONTH OR AN EQUAL NUMBER OF MONTHS IMMEDIATELY PRECEDING SUCH PERIOD SHALL BE SUBSTITUTED IN LIEU THEREOF. S. 6405--B 147 S 8. This act shall take effect on the sixtieth day after it shall have become a law. 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 JJ of this act shall be as specifically set forth in the last section of such Parts.
2015-S6405C (ACTIVE) - Details
- See Assembly Version of this Bill:
- A9005
- Law Section:
- Budget Bills
- Laws Affected:
- Amd Various Laws, generally
2015-S6405C (ACTIVE) - Summary
Enacts into law major components of legislation necessary to implement the state public protection and general government budget for the 2016-2017 state fiscal year; intentionally omitted (Part A); amends 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, in relation to the effectiveness thereof (Part B); amends the tax law, in relation to suspending the transfer of monies into the emergency services revolving loan fund from the public safety communications account (Part C)
2015-S6405C (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ S. 6405--C A. 9005--C S E N A T E - A S S E M B L Y January 14, 2016 ___________ IN SENATE -- A BUDGET BILL, submitted by the Governor pursuant to arti- cle seven of the Constitution -- read twice and ordered printed, and when printed to be committed to the Committee on Finance -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee IN ASSEMBLY -- A BUDGET BILL, submitted by the Governor pursuant to article seven of the Constitution -- read once and referred to the Committee on Ways and Means -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee -- again reported from said committee with amendments, ordered reprinted as amended and recommitted to said committee -- again reported from said committee with amendments, ordered reprinted as amended and recommitted to said committee AN ACT intentionally omitted (Part A); to amend 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 instru- ment, in relation to the effectiveness thereof (Part B); to amend the tax law, in relation to suspending the transfer of monies into the emergency services revolving loan fund from the public safety communi- cations account (Part C); intentionally omitted (Part D); to amend chapter 268 of the laws of 1996, amending the education law and the state finance law relating to providing a recruitment incentive and retention program for certain active members of the New York army national guard, New York air national guard, and New York naval mili- tia, in relation to the effectiveness of such chapter (Part E); to amend chapter 83 of the laws of 1995 amending the state finance law and other laws relating to bonds, notes, and revenues, in relation to extending the expiration date of certain provisions thereof; to amend chapter 1 of the laws of 2005 amending the state finance law relating to restricting contacts in the procurement process and the recording of contacts relating thereto, in relation to extending the expiration date of certain provisions thereof; and to amend the state finance law, in relation to allowing the state comptroller to excuse non-ma- EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted. LBD12670-05-6 S. 6405--C 2 A. 9005--C terial deviations in a procurement, authorizing the commissioner of the office of general services and state agencies to provide unsuc- cessful offerors a reasonable opportunity for debriefing, increase the threshold for the state comptroller's approval of certain contracts and clarify the valuation of non-cash contracts by the state comp- troller, and the commencement of the restricted period during the procurement process (Part F); to amend the workers' compensation law, in relation to authorizations of assessments for annual expenses, and payment of claims of affected World Trade Center volunteers (Part G); intentionally omitted (Part H); intentionally omitted (Part I); inten- tionally omitted (Part J); intentionally omitted (Part K); to amend the civil service law, in relation to the expiration of public arbi- tration panels (Part L); to amend the state finance law, in relation to the dedicated infrastructure investment fund (Part M); inten- tionally omitted (Part N); to amend the public lands law, in relation to state aid on certain state leased or state owned land (Part O); to amend the real property tax law, in relation to property tax benefits for anaerobic digestion of agricultural waste (Part P); to amend the executive law, in relation to a mid-year report regarding the contracts awarded to service-disabled veteran-owned businesses; and providing for the repeal of such provisions upon expiration thereof (Part Q); to amend chapter 747 of the laws of 2006, amending the state finance law relating to the tribal-state compact revenue account, in relation to the effectiveness thereof; to amend part W of chapter 60 of the laws of 2011, amending the state finance law relating to disbursements from the tribal-state compact revenue account to certain municipalities, in relation to the effectiveness thereof; and to amend the state finance law, in relation to the Niagara Falls underground railroad interpretive center (Part R); and to amend the legislative law, in relation to extending the expiration of payments to members of the assembly serving in a special capacity; 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 legis- lature, in relation to extending such provisions (Part S) 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 2016-2017 state fiscal year. Each component is wholly contained within a Part identified as Parts A through S. 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 Intentionally Omitted PART B S. 6405--C 3 A. 9005--C Section 1. Section 2 of part H of chapter 503 of the laws of 2009, relating to the disposition of monies recovered by county district attorneys before the filing of an accusatory instrument, as amended by section 25 of part B of chapter 55 of the laws of 2015, 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, [2016] 2017, when it shall expire and be deemed repealed. S 2. This act shall take effect immediately and shall be deemed to have been in full force and effect on and after March 31, 2016. PART C Section 1. Paragraph (b) of subdivision 6 of section 186-f of the tax law, as amended by section 1 of part D of chapter 55 of the laws of 2014, is amended to read as follows: (b) The sum of one million five hundred thousand dollars must be deposited into the New York state emergency services revolving loan fund annually; provided, however, that such sums shall not be deposited for state fiscal years two thousand eleven--two thousand twelve, two thou- sand twelve--two thousand thirteen, two thousand fourteen--two thousand fifteen [and], two thousand fifteen--two thousand sixteen, TWO THOUSAND SIXTEEN--TWO THOUSAND SEVENTEEN AND TWO THOUSAND SEVENTEEN--TWO THOUSAND EIGHTEEN; S 2. This act shall take effect immediately. PART D Intentionally Omitted PART E Section 1. Section 5 of chapter 268 of the laws of 1996, amending the education law and the state finance law relating to providing a recruit- ment incentive and retention program for certain active members of the New York army national guard, New York air national guard, and New York naval militia, as amended by section 24 of part A of chapter 57 of the laws of 2011, is amended to read as follows: S 5. This act shall take effect January 1, 1997 and shall expire and be deemed repealed September 1, [2016] 2021; provided that any person who has begun to receive the benefits of this act prior to its expira- tion and repeal shall be entitled to continue to receive the benefits of this act after its expiration and repeal until completion of a baccalau- reate degree or cessation of status as an active member, whichever occurs first. S 2. This act shall take effect immediately. PART F Section 1. Subdivision 5 of section 362 of the chapter 83 of the laws of 1995 amending the state finance law and other laws relating to bonds, notes and revenues, as amended by section 37 of part L of chapter 55 of the laws of 2012, is amended to read as follows: 5. Sections thirty-one through forty-two of this act shall take effect on the thirtieth day after it shall have become a law and shall be deemed to have been in full force and effect on and after April 1, 1995; S. 6405--C 4 A. 9005--C provided that section 163 of the state finance law, as added by section thirty-three of this act shall remain in full force and effect until June 30, [2016] 2021 at which time it shall expire and be deemed repealed. Contracts executed prior to the expiration of such section 163 shall remain in full force and effect until the expiration of any such contract notwithstanding the expiration of certain provisions of this act. S 2. Section 16 of chapter 1 of the laws of 2005, amending the state finance law relating to restricting contacts in the procurement process and the recording of contacts relating thereto, as amended by chapter 62 of the laws of 2014, is amended to read as follows: S 16. This act shall take effect immediately; provided, however, that sections one, six, eight, nine, ten, eleven and fifteen of this act shall take effect January 1, 2006; and provided, however, the amendments to paragraph f of subdivision 9 of section 163 of the state finance law made by section fifteen of this act shall not affect the repeal of such section and shall be deemed repealed therewith; provided, further, that the amendments to article 1-A of the legislative law, made by this act, shall not affect the repeal of such article pursuant to chapter 2 of the laws of 1999, as amended, and shall be deemed repealed therewith; provided, further, that sections thirteen and fourteen of this act shall take effect January 1, 2006 and shall be deemed repealed July 31, [2016] 2021; provided, further, that effective immediately, the advisory coun- cil on procurement lobbying created pursuant to section twelve of this act shall be constituted no later than sixty days following the effec- tive date of this act, provided that effective sixty days following the effective date of this act, the advisory council on procurement lobbying shall be authorized to establish model guidelines and to add, amend and/or repeal any rules or regulations necessary for the implementation of its duties under sections twelve and thirteen of this act, and the advisory council authorized to make and complete such model guidelines on or before the effective date of section thirteen of this act; provided, further, that procurement contracts for which bid solicita- tions have been issued prior to the effective date of this act shall be awarded pursuant to the provisions of law in effect at the time of issu- ance. S 2-a. Subdivision 12 of section 163 of the state finance law, as added by chapter 83 of the laws of 1995, is amended to read as follows: 12. Review by the office of the state comptroller. Review by the office of the state comptroller shall be in accordance with section one hundred twelve of this chapter. IF THE CONTRACTING AGENCY HAS NOT COMPLIED WITH ONE OR MORE PROVISIONS OF THIS ARTICLE, THE STATE COMP- TROLLER MAY APPROVE THE AWARDED CONTRACT IF: A. THE CONTRACTING AGENCY DETERMINES THAT THE NONCOMPLIANCE WAS A NON-MATERIAL DEVIATION FROM ONE OR MORE PROVISIONS OF THIS ARTICLE. FOR THE PURPOSES OF THIS SUBDIVISION "NON-MATERIAL DEVIATION" SHALL MEAN THAT SUCH NONCOMPLIANCE DID NOT PREJUDICE OR FAVOR ANY VENDOR OR POTEN- TIAL VENDOR, SUCH NONCOMPLIANCE DID NOT SUBSTANTIALLY AFFECT THE FAIR- NESS OF THE COMPETITIVE PROCESS, AND THAT A NEW PROCUREMENT WOULD NOT BE IN THE BEST INTEREST OF THE STATE. SUCH DETERMINATION BY THE CONTRACT- ING AGENCY AND THE STATE COMPTROLLER SHALL BE DOCUMENTED IN THE PROCURE- MENT RECORD; AND B. THE STATE COMPTROLLER CONCURS IN SUCH DETERMINATION. S 2-b. Paragraph c of subdivision 9 of section 163 of the state finance law, as amended by chapter 137 of the laws of 2008, is amended to read as follows: S. 6405--C 5 A. 9005--C c. Where provided in the solicitation, state agencies may require clarification from offerers for purposes of assuring a full understand- ing of responsiveness to the solicitation requirements. Where provided for in the solicitation, revisions may be permitted from all offerers determined to be susceptible of being selected for contract award, prior to award. Offerers shall be accorded fair and equal treatment with respect to their opportunity for discussion and revision of offers. A state agency shall, upon request, provide a debriefing to any unsuccess- ful offerer that responded to a request for proposal or an invitation for bids, regarding the reasons that the proposal or bid submitted by the unsuccessful offerer was not selected for an award. The opportunity for an unsuccessful offerer to seek a debriefing shall be stated in the solicitation[, which shall provide a reasonable time for requesting a debriefing]. (I) A DEBRIEFING SHALL BE REQUESTED BY THE UNSUCCESSFUL OFFERER WITHIN FIFTEEN CALENDAR DAYS OF RELEASE BY THE STATE AGENCY OF A NOTICE IN WRITING OR ELECTRONICALLY THAT THE OFFERER'S OFFER IS UNSUCCESSFUL. (II) SUCH NOTICE SHALL BE PROVIDED TO ALL UNSUCCESSFUL OFFERERS BY THE STATE AGENCY FOR THE SPECIFIC PROCUREMENT. (III) THE STATE AGENCY, UPON A REQUEST MADE WITHIN FIFTEEN DAYS OF RELEASE OF THE WRITTEN OR ELECTRONIC NOTICE FROM THE UNSUCCESSFUL OFFER- ER FOR A DEBRIEFING, SHALL SCHEDULE THE DEBRIEFING TO OCCUR WITHIN A REASONABLE TIME OF SUCH REQUEST. DEBRIEFINGS SHALL BE CONDUCTED BY THE STATE AGENCY WITH THE UNSUCCESSFUL OFFERER IN-PERSON, PROVIDED, HOWEVER, THE PARTIES MAY MUTUALLY AGREE TO UTILIZE OTHER MEANS SUCH AS, BUT NOT LIMITED TO, BY TELEPHONE, VIDEO-CONFERENCING OR OTHER TYPES OF ELECTRON- IC COMMUNICATIONS. STATE AGENCY PERSONNEL PARTICIPATING IN THE DEBRIEF- ING DISCUSSION SHALL HAVE BEEN INVOLVED WITH AND KNOWLEDGEABLE ABOUT THE PROCUREMENT AND THE EVALUATION AND SELECTION OF THE SUCCESSFUL OFFERER OR OFFERERS. (IV) SUCH DEBRIEFING SHALL INCLUDE, BUT NEED NOT BE LIMITED TO: (A) THE REASONS THAT THE PROPOSAL, BID OR OFFER SUBMITTED BY THE UNSUCCESS- FUL OFFERER WAS NOT SELECTED FOR AWARD; (B) THE QUALITATIVE AND QUANTI- TATIVE ANALYSIS EMPLOYED BY THE AGENCY IN ASSESSING THE RELATIVE MERITS OF THE PROPOSALS, BIDS OR OFFERS; (C) THE APPLICATION OF THE SELECTION CRITERIA TO THE UNSUCCESSFUL OFFERER'S PROPOSAL; AND (D) WHEN THE DEBRIEFING IS HELD AFTER THE FINAL AWARD, THE REASONS FOR THE SELECTION OF THE WINNING PROPOSAL, BID OR OFFER. THE DEBRIEFING SHALL ALSO PROVIDE, TO THE EXTENT PRACTICABLE, GENERAL ADVICE AND GUIDANCE TO THE UNSUCCESSFUL OFFERER CONCERNING POTENTIAL WAYS THAT THEIR FUTURE PROPOSALS, BIDS OR OFFERS COULD BE MORE RESPONSIVE. S 2-c. Subdivision 3 of section 112 of the state finance law, as amended by chapter 319 of the laws of 1992, is amended to read as follows: 3. A contract or other instrument wherein the state or any of its officers, agencies, boards or commissions agrees to give a consideration other than the payment of money, when the value or reasonably estimated value of such consideration exceeds [ten] TWENTY-FIVE thousand dollars, shall not become a valid enforceable contract unless such contract or other instrument shall first be approved by the comptroller and filed in his office. S 2-d. Paragraph f of subdivision 1 of section 139-j of the state finance law, as amended by chapter 4 of the laws of 2010, is amended to read as follows: f. "Restricted period" shall mean the period of time commencing with the earliest POSTING, ON A GOVERNMENTAL ENTITY'S WEBSITE, IN A NEWSPAPER S. 6405--C 6 A. 9005--C OF GENERAL CIRCULATION, OR IN THE PROCUREMENT OPPORTUNITIES NEWSLETTER IN ACCORDANCE WITH ARTICLE FOUR-C OF THE ECONOMIC DEVELOPMENT LAW OF written notice, advertisement or solicitation of a request for proposal, invitation for bids, or solicitation of proposals, or any other method PROVIDED FOR BY LAW OR REGULATION for soliciting a response from offer- ers intending to result in a procurement contract with a governmental entity and ending with the final contract award and approval by the governmental entity and, where applicable, the state comptroller. S 3. This act shall take effect immediately and shall be deemed to have been in full force and effect on and after April 1, 2016; provided, however, that the provisions of sections two-a, two-b, two-c and two-d of this act shall apply to any procurement initiated on or after such date; provided, further however, that the amendments to section 163 of the state finance law made by sections two-a and two-b of this act shall not affect the repeal of such section as provided in subdivision 5 of section 362 of chapter 83 of the laws of 1995, as amended, and shall be deemed repealed therewith; provided, further, however, that the amend- ments to section 139-j of the state finance law made by section two-d of this act shall not affect the repeal of such section as provided in section 16 of chapter 1 of the laws of 2005, as amended, and shall be deemed repealed therewith. PART G Section 1. Subdivision 6 of section 151 of the workers' compensation law is amended by adding a new paragraph (c) to read as follows: (C) EFFECTIVE IMMEDIATELY, NOTWITHSTANDING ANY LAW TO THE CONTRARY, PURSUANT TO THE PROVISIONS OF THIS CHAPTER, THE ASSESSMENT RESERVES REMITTED TO THE CHAIR PURSUANT TO THIS PARAGRAPH SHALL, AT THE REQUEST OF THE DIRECTOR OF THE BUDGET, BE DISTRIBUTED AS FOLLOWS: (I) AS SOON AS PRACTICABLE ON OR AFTER APRIL FIRST, TWO THOUSAND SIXTEEN, THE CHAIR OF THE WORKERS' COMPENSATION BOARD SHALL TRANSFER ONE HUNDRED FORTY MILLION DOLLARS TO THE STATE INSURANCE FUND, FOR PARTIAL PAYMENT AND PARTIAL SATISFACTION OF THE STATE'S OBLIGATIONS TO THE STATE INSURANCE FUND UNDER WORKERS' COMPENSATION LAW SECTION EIGHTY-EIGHT-C FOR TWO THOUSAND SIXTEEN. (II) EFFECTIVE IMMEDIATELY, THE CHAIR OF THE WORKERS' COMPENSATION BOARD SHALL AUTHORIZE THE BOARD TO EXPEND UP TO SIXTY MILLION DOLLARS TO IMPLEMENT INFRASTRUCTURE AND SYSTEM UPGRADES CONSISTENT WITH RECOMMENDA- TIONS OF THE WORKERS' COMPENSATION BOARD REDESIGN AND REENGINEERING PROJECT. (III) EFFECTIVE IMMEDIATELY, THE CHAIR OF THE WORKERS' COMPENSATION BOARD SHALL AUTHORIZE THE BOARD TO EXPEND UP TO FORTY MILLION DOLLARS FOR: (A) TRANSFER INTO THE TRAINING AND EDUCATIONAL PROGRAM ON OCCUPA- TIONAL SAFETY AND HEALTH FUND CREATED PURSUANT TO CHAPTER EIGHT HUNDRED EIGHTY-SIX OF THE LAWS OF NINETEEN HUNDRED EIGHTY-FIVE AND SECTION NINE- TY-SEVEN-C OF THE STATE FINANCE LAW; (B) THE DEPARTMENT OF LABOR OCCUPA- TIONAL SAFETY AND HEALTH PROGRAM; (C) TRANSFER INTO THE UNINSURED EMPLOYERS' FUND PURSUANT TO SUBDIVISION TWO OF SECTION TWENTY-SIX-A OF THIS CHAPTER IN CONNECTION WITH PAYMENT OF CLAIMS MADE PURSUANT TO ARTI- CLE EIGHT-A OF THIS CHAPTER; (D) A REDUCTION IN LIABILITIES OF THE SPECIAL DISABILITY FUND PURSUANT TO SUBDIVISION EIGHT OF SECTION FIFTEEN OF THIS CHAPTER AND/OR THE FUND FOR REOPENED CASES PURSUANT TO SECTION TWENTY-FIVE-A OF THIS CHAPTER; AND/OR (E) TRANSFER TO OR PAYMENT OF UP TO TEN MILLION DOLLARS OF SUCH AMOUNT ON BEHALF OF THE SUPERINTENDENT OF S. 6405--C 7 A. 9005--C FINANCIAL SERVICES FOR COSTS ASSOCIATED WITH THE IMPLEMENTATION OF THE PAID FAMILY LEAVE ACT OF ARTICLE NINE OF THIS CHAPTER. ANY AND ALL FUNDS REMAINING AFTER ACCOUNTING FOR THE TRANSFERS AND EXPENDITURES SET FORTH ABOVE MAY, AT THE DISCRETION OF THE DIRECTOR OF THE BUDGET, EITHER REMAIN WITH THE WORKERS' COMPENSATION BOARD OR BE TRANSFERRED TO THE GENERAL FUND FOR THE PURPOSE OF REDUCING BUDGET GAPS. ANNUALLY, THE WORKERS' COMPENSATION BOARD WILL PROVIDE TO THE DIRECTOR OF THE BUDGET, THE CHAIR OF THE SENATE FINANCE COMMITTEE, AND THE CHAIR OF THE ASSEMBLY WAYS AND MEANS COMMITTEE, AN ACCOUNTING OF SUCH FUNDS AND ALL ASSOCIATED INCOME RECEIVED. SUCH ACCOUNTING WILL CONTINUE UNTIL MARCH THIRTY-FIRST, TWO THOUSAND TWENTY. S 2. Section 167 of the workers' compensation law, as added by chapter 446 of the laws of 2006, is amended to read as follows: S 167. Claims of volunteers. For persons who participated in World Trade Center rescue, recovery and clean-up operations as volunteers, the uninsured employers' fund shall be deemed to be the employer [only] for the purposes of administering and paying claims pursuant to this arti- cle. Benefits under this chapter shall be payable to such volunteers [only] IN THE FIRST INSTANCE AND to the extent that funds are available out of funds appropriated to the United States Department of Labor under Public Law 109-148 to reimburse the uninsured employer's fund for the payment of such benefits AND THEREAFTER FROM THE UNINSURED EMPLOYERS' FUND. THE UNINSURED EMPLOYERS' FUND MAY PAY FOR VOLUNTEERS' MEDICAL TREATMENT NOTWITHSTANDING SUCH MEDICAL EXPENSES HAVING BEEN DENIED BY THE WORLD TRADE CENTER HEALTH ORGANIZATION. S 3. This act shall take effect immediately. PART H Intentionally Omitted PART I Intentionally Omitted PART J Intentionally Omitted PART K Intentionally Omitted PART L Section 1. Paragraph (d) of subdivision 4 of section 209 of the civil service law, as amended by chapter 67 of the laws of 2013, is amended to read as follows: (d) The provisions of this subdivision shall expire [thirty-nine years from July first, nineteen hundred seventy-seven, and hereafter may be renewed every four years] JULY FIRST, TWO THOUSAND NINETEEN. S 2. Paragraph (f) of subdivision 6 of section 209 of the civil service law, as added by chapter 67 of the laws of 2013, is amended to read as follows: (f) The provisions of this subdivision shall expire [three years from] July first, two thousand [thirteen] NINETEEN. S. 6405--C 8 A. 9005--C S 3. This act shall take effect immediately. PART M Section 1. The opening paragraph of subdivision 3 of section 93-b of the state finance law, as added by section 1 of part H of chapter 60 of the laws of 2015, is amended to read as follows: Notwithstanding any other provisions of law to the contrary, [for the state fiscal year] commencing on April first, two thousand fifteen, AND CONTINUING THROUGH MARCH THIRTY-FIRST, TWO THOUSAND TWENTY-ONE, 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 avail- able in the fund; provided, however, that the comptroller is only authorized to transfer monies from the dedicated infrastructure invest- ment fund to the general fund in the event of an economic downturn as described in paragraph (a) of this subdivision; and/or to fulfill disal- lowances and/or settlements related to over-payments of 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 (b) of this subdivision. S 2. This act shall take effect immediately. PART N Intentionally Omitted PART O Section 1. Paragraph 1 of subdivision 2-a of section 19-a of the public lands law, as amended by section 1 of part T of chapter 55 of the laws of 2013, is amended to read as follows: (1) Notwithstanding any provision of this section to the contrary, in addition to state aid otherwise payable pursuant to this section, there shall be payable to any city located in a county in which there has been constructed a state office building project in accordance with the provisions of chapter one hundred fifty-two of the laws of nineteen hundred sixty-four, as amended, and pursuant to an agreement entitled the "South Mall contract" dated May eleventh, nineteen hundred sixty- five, state aid in accordance with the following schedule: State Fiscal Year Amount 2000-2001 $4,500,000 2001-2002 $4,500,000 2002-2003 $4,500,000 2003-2004 $9,850,000 2004-2005 $16,850,000 2005-2006 $22,850,000 2006-2007 $22,850,000 2007-2008 $22,850,000 2008-2009 $22,850,000 2009-2010 $22,850,000 2010-2011 $22,850,000 2011-2012 $15,000,000 S. 6405--C 9 A. 9005--C 2012-2013 $22,850,000 2013-2014 $22,850,000 2014-2015 $15,000,000 2015-2016 $15,000,000 2016-2017 [$15,000,000] $27,500,000 2017-2018 $15,000,000 2018-2019 $15,000,000 2019-2020 $15,000,000 2020-2021 $15,000,000 2021-2022 $15,000,000 2022-2023 $15,000,000 2023-2024 $15,000,000 2024-2025 $15,000,000 2025-2026 $15,000,000 2026-2027 $15,000,000 2027-2028 $15,000,000 2028-2029 $15,000,000 2029-2030 $15,000,000 2030-2031 $15,000,000 2031-2032 [$7,150,000] $1,800,000 [2032-2033 $7,150,000] S 2. This act shall take effect immediately and shall be deemed to have been in full force and effect on and after April 1, 2016. PART P Section 1. Subdivision 1 of section 483-a of the real property tax law, as amended by chapter 272 of the laws of 2013, is amended to read as follows: 1. [Structures] THE FOLLOWING STRUCTURES permanently affixed to agri- cultural land SHALL BE EXEMPT FROM TAXATION, SPECIAL AD VALOREM LEVIES AND SPECIAL ASSESSMENTS: (A) STRUCTURES for the purpose of preserving and storing forage in edible condition; (B) farm feed grain storage bins; (C) commodity sheds; (D) BULK MILK TANKS AND COOLERS USED TO HOLD MILK AWAITING SHIPMENT TO MARKET; AND (E) manure storage, handling and treatment facilities, including composting [or anaerobic digestion] of agricultural materials, such as livestock manure and farming wastes, food residuals or other organic wastes associated with food production or consumption with at least fifty percent by weight of its feedstock on an annual basis being livestock manure, farming wastes and crops grown specifically for use as [anaerobic digestion or] composting feedstock [and including any equipment necessary to the process of producing, collecting, storing, cleaning and converting biogas into forms of energy and transporting biogas or energy on-site; and bulk milk tanks and cool- ers used to hold milk awaiting shipment to market shall be exempt from taxation, special ad valorem levies and special assessments]. "Food residuals" means organic material, including, but not limited to, food scraps, food processing residue, and related soiled or unrecyclable paper used in food packaging, preparation or cleanup. S 2. The real property tax law is amended by adding a new section 483-e to read as follows: S 483-E. ANAEROBIC DIGESTION FACILITIES. 1. STRUCTURES PERMANENTLY AFFIXED TO LAND FOR THE PURPOSE OF ANAEROBIC DIGESTION OF AGRICULTURAL MATERIALS, INCLUDING STRUCTURES NECESSARY FOR THE STORAGE AND HANDLING OF THE AGRICULTURAL MATERIALS THAT ARE PART OF THE DIGESTION PROCESS, TOGETHER WITH ANY EQUIPMENT NECESSARY FOR PRODUCING, COLLECTING, STOR- S. 6405--C 10 A. 9005--C ING, CLEANING AND CONVERTING BIOGAS INTO FORMS OF ENERGY AND GENERATION, TRANSMISSION, TRANSPORTING, USE OF AND/OR THE SALE OF BIOGAS OR ENERGY ON-SITE, OFF-SITE, AND/OR PURSUANT TO AN INTERCONNECTION AGREEMENT WITH A UTILITY; SHALL BE EXEMPT FROM TAXATION, SPECIAL AD VALOREM LEVIES AND SPECIAL ASSESSMENTS. "AGRICULTURAL MATERIALS" INCLUDES, BUT IS NOT LIMITED TO, LIVESTOCK MANURE, FARMING WASTES AND FOOD RESIDUALS AND OTHER ORGANIC WASTES ASSOCIATED WITH FOOD PRODUCTION OR CONSUMPTION WITH AT LEAST FIFTY PERCENT BY WEIGHT OF ITS FEEDSTOCK ON AN ANNUAL BASIS BEING LIVESTOCK MANURE, FARMING WASTES AND CROPS GROWN SPECIFICALLY FOR USE AS ANAEROBIC DIGESTION FEEDSTOCK. "FOOD RESIDUALS" MEANS ORGANIC MATERIAL, INCLUDING, BUT NOT LIMITED TO, FOOD SCRAPS, FOOD PROCESSING RESIDUE, AND RELATED SOILED OR UNRECYCLABLE PAPER USED IN FOOD PACKAG- ING, PREPARATION OR CLEANUP. 2. THE EXEMPTION PROVIDED BY SUBDIVISION ONE OF THIS SECTION SHALL ONLY BE GRANTED UPON THE APPLICATION OF THE OWNER OF THE PROPERTY UPON WHICH SUCH STRUCTURES ARE LOCATED, ON A FORM TO BE PRESCRIBED BY THE COMMISSIONER. SUCH APPLICATION SHALL BE FILED ON OR BEFORE THE APPROPRI- ATE TAXABLE STATUS DATE WITH THE ASSESSOR OF THE MUNICIPALITY HAVING THE POWER TO ASSESS REAL PROPERTY. ONCE AN EXEMPTION IS GRANTED, NO RENEWAL THEREOF SHALL BE NECESSARY. S 3. Subdivision 2 of section 487 of the real property tax law, as amended by chapter 515 of the laws of 2002, is amended to read as follows: 2. Real property which includes a solar or wind energy system or farm waste energy system approved in accordance with the provisions of this section shall be exempt from taxation to the extent of any increase in the value thereof by reason of the inclusion of such solar or wind ener- gy system or farm waste energy system for a period of fifteen years. When a solar or wind energy system or components thereof or farm waste energy system also serve as part of the building structure, the increase in value which shall be exempt from taxation shall be equal to the assessed value attributable to such system or components multiplied by the ratio of the incremental cost of such system or components to the total cost of such system or components. THE EXEMPTION PROVIDED BY THIS SECTION IS INAPPLICABLE TO ANY STRUCTURE THAT SATISFIES THE REQUIREMENTS FOR EXEMPTION UNDER SECTION FOUR HUNDRED EIGHTY-THREE-E OF THIS TITLE. S 4. This act shall take effect immediately and shall apply to assess- ment rolls based on taxable status dates occurring on and after March 1, 2016; provided, that an application for the exemption on the 2016 assessment roll shall be considered timely if filed on or before June 1, 2016; and provided further, that in the event such application should be denied, administrative and judicial review shall be available in the same manner and to the same extent as if the application had been for an exemption on the 2017 assessment roll; provided, however, that the amendments made by section three of this act shall not apply to any exemption from taxation for a farm waste energy system that was granted pursuant to real property tax law section four hundred eighty-seven prior to such effective date. PART Q Section 1. Paragraph (f) of subdivision 4 of section 369-i of the executive law, as added by chapter 22 of the laws of 2014, is amended to read as follows: (f) Submit a report by the thirty-first of December each year, with the first report due by the thirty-first of December in the calendar S. 6405--C 11 A. 9005--C year next succeeding the calendar year in which this article shall have become a law, to the governor, the temporary president of the senate, and the speaker of the assembly. Such report shall include information including, but not limited to, the number of contracts entered into pursuant to this article, the average amount of such contracts, the number of service-disabled veteran-owned business enterprises certified, the number of applications for certification as a service-disabled veteran-owned business enterprise, the number of denials for such certification, the number of appeals of such denials, and the outcome of such appeals and the average time that is required for such certif- ication to be completed. PROVIDED HOWEVER, IN ADDITION TO THE ANNUAL REPORT REQUIRED PURSUANT TO THIS PARAGRAPH, THE DIVISION SHALL ISSUE A SUPPLEMENTAL MID-YEAR REPORT FOR THE YEAR TWO THOUSAND SIXTEEN, NO LATER THAN JUNE THIRTIETH, TWO THOUSAND SIXTEEN. THE MID-YEAR REPORT SHALL IDENTIFY THE STEPS TAKEN BY THE DIVISION TO IMPROVE AGENCY PARTICIPATION RATES AND THE PERCENTAGE OF CONTRACTS AWARDED TO SERVICE-DISABLED VETER- AN-OWNED BUSINESSES BY EACH STATE AGENCY AND AUTHORITY SUBJECT TO THIS SECTION IN QUARTERS THREE AND FOUR OF FISCAL YEAR TWO THOUSAND FIFTEEN- -TWO THOUSAND SIXTEEN. PROVIDED FURTHER, THE DIVISION SHALL INCLUDE IN THE SUPPLEMENTAL MID-YEAR REPORT ANY RECOMMENDATIONS BY THE DIVISION FOR MODIFICATION OF REGULATIONS THAT HAVE BEEN PROMULGATED IN ACCORDANCE WITH THIS ARTICLE WHICH WOULD BETTER SERVE THE LEGISLATIVE INTENT. S 2. This act shall take effect immediately; and shall expire and be deemed repealed December 31, 2016; provided that the amendments to section 369-i of the executive law, made by section one of this act, shall not affect the expiration of such article. PART R Section 1. Section 2 of chapter 747 of the laws of 2006, amending the state finance law relating to the tribal-state compact revenue account, is amended to read as follows: S 2. This act shall take effect immediately, and shall expire and be deemed repealed December 31, [2016] 2023. S 2. Section 3 of part W of chapter 60 of the laws of 2011, amending the state finance law relating to disbursements from the tribal-state compact revenue account to certain municipalities, as amended by section 22 of part HH of chapter 57 of the laws of 2013, is amended to read as follows: S 3. This act shall take effect immediately; provided that[: (a)] the amendments to subdivision 3 [of section 99-h of the state finance law made by section one of this act shall expire and be deemed repealed December 31, 2016; and (b) the amendments to] AND paragraph (a) of subdivision 4 of section 99-h of the state finance law made by [section] SECTIONS ONE AND two of this act shall not affect the expiration of such section and shall be deemed to expire therewith. S 3. Paragraph (a) of subdivision 4 of section 99-h of the state finance law, as amended by section 2 of part W of chapter 60 of the laws of 2011, is amended to read as follows: (a) Monies which are appropriated and received each year by the state as a portion of the negotiated percentage of the net drop from electron- ic gaming devices the state receives in relation to the operation of a gaming facility in the city of Niagara Falls, county of Niagara which subdivision three of this section requires to be a minimum of twenty- S. 6405--C 12 A. 9005--C five percent, shall be budgeted and disbursed by the city of Niagara Falls in the following manner: (i) seventy-three and one-half percent of the total annual amount received shall be available for expenditure by the city of Niagara Falls for such public purposes as are determined, by the city, to be necessary and desirable to accommodate and enhance economic development, neighbor- hood revitalization, public health and safety, and infrastructure improvement in the city, shall be deposited into the tribal revenue account of the city and any and all interest and income derived from the deposit and investment of such monies shall be deposited into the gener- al operating fund of the city; provided however, that any amount allo- cated to the NOT-FOR-PROFIT ORGANIZATION KNOWN AS THE NIAGARA FALLS UNDERGROUND RAILROAD INTERPRETIVE CENTER CREATED TO CONTINUE THE Niagara Falls Underground Railroad Heritage [Commission] COMMISSION'S MISSION TO OPERATE AN UNDERGROUND RAILROAD MUSEUM, to the extent that its share pursuant to the formula established in clause five of subparagraph (ii) of this paragraph exceeds one percent, such amounts shall be distributed from the funds available to the city for its public purposes pursuant to this paragraph; and (ii) the remaining twenty-six and one-half percent of the total annual amount received shall be allocated for the city of Niagara Falls to be available for expenditure in the following manner: (1) within thirty-five days upon receipt of such funds by such city, five and one-half percent of the total annual amount received in each year, not to exceed seven hundred fifty thousand dollars annually, shall be transferred to Niagara Falls memorial medical center to be used for capital construction projects; and (2) within thirty-five days upon receipt of such funds by such city, five and one-half percent of the total annual amount received in each year, not to exceed seven hundred fifty thousand dollars annually, shall be transferred to the Niagara Falls city school district for capital construction projects; and (3) within thirty-five days upon receipt of such funds by such city, seven percent in each year shall be transferred to the Niagara tourism and convention center corporation for marketing and tourism promotion in the county of Niagara including the city of Niagara Falls; and (4) an amount equal to the lesser of one million dollars or seven percent of the total amount in each year shall be transferred to the city of Niagara Falls and held in an escrow account maintained by the city of Niagara Falls and, if additional funding has been secured by the Niagara frontier transportation authority to finance construction of a new terminal at Niagara Falls, such amount held in escrow shall be transferred to the Niagara frontier transportation authority for such purpose provided however that if such additional funding has not been secured or construction of a new terminal has not commenced within two years of the date which such monies were received by the city of Niagara Falls such amounts held in escrow by the city of Niagara Falls shall be distributed pursuant to subparagraph (iii) of this paragraph; and (5) within thirty-five days upon receipt of such funds by such city, one percent or [three hundred fifty] TWO HUNDRED thousand dollars, whichever is greater, of the total annual amount received in each year shall be transferred to the NOT-FOR-PROFIT ORGANIZATION KNOWN AS THE NIAGARA FALLS UNDERGROUND RAILROAD INTERPRETIVE CENTER CREATED TO CONTINUE THE Niagara Falls Underground Railroad Heritage [Commission, established pursuant to article forty-three of the parks, recreation and historic preservation law] COMMISSION'S MISSION TO OPERATE AN UNDER- S. 6405--C 13 A. 9005--C GROUND RAILROAD MUSEUM, to be used for, but not limited to, development, capital improvements, acquisition of real property, and acquisition of personal property within the heritage area in the city of Niagara Falls as established pursuant to the commission; provided in the event the distribution available pursuant to this clause exceeds one percent, it shall be distributed from the moneys available pursuant to subparagraph (i) of this paragraph; and (6) WITHIN THIRTY-FIVE DAYS UPON RECEIPT OF SUCH FUNDS BY SUCH CITY, FIFTY THOUSAND DOLLARS OF THE TOTAL ANNUAL AMOUNT RECEIVED IN EACH YEAR SHALL BE TRANSFERRED TO THE NIAGARA FALLS HOUSING AUTHORITY ESTABLISHED PURSUANT TO TITLE TWELVE OF ARTICLE THIRTEEN OF THE PUBLIC HOUSING LAW FOR UPGRADES TO THEIR FACILITIES; AND (7) WITHIN THIRTY-FIVE DAYS UPON RECEIPT OF SUCH FUNDS BY SUCH CITY, FIFTY THOUSAND DOLLARS OF THE TOTAL AMOUNT RECEIVED IN EACH YEAR SHALL BE TRANSFERRED TO THE WESTERN NEW YORK STATE FIRST RESPONSE AND PREPAREDNESS CENTER; AND (8) WITHIN THIRTY-FIVE DAYS UPON RECEIPT OF SUCH FUNDS BY SUCH CITY, FIFTY THOUSAND DOLLARS OF THE TOTAL AMOUNT RECEIVED IN EACH YEAR SHALL BE TRANSFERRED TO MOUNT SAINT MARY'S NEIGHBORHOOD HEALTH CENTER; AND (iii) all other monies appropriated or received for distribution pursuant to this subdivision after the transfer of money pursuant to this subparagraph and subparagraphs (i) and (ii) of this paragraph in each year shall be allocated to the city of Niagara Falls for infras- tructure and road improvement projects. S 4. This act shall take effect immediately; provided, however, that the amendments to paragraph (a) of subdivision 4 of section 99-h of the state finance law made by section three of this act shall not affect the expiration of such section and shall be deemed to expire therewith. PART S Section 1. The opening paragraph of subdivision 3 of section 5-a of the legislative law, as amended by section 1 of part K of chapter 55 of the laws of 2014, is amended to read as follows: Any member of the assembly serving in a special capacity in a position set forth in the following schedule shall be paid the allowance set forth in such schedule only for the legislative term commencing January first, two thousand [fifteen] SEVENTEEN and terminating December thir- ty-first, two thousand [sixteen] EIGHTEEN: S 2. Section 13 of 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, as amended by section 1 of part T of chapter 56 of the laws of 2015, 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, [2016] 2017 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 3. This act shall take effect immediately, provided, however, if section two of this act shall take effect on or after June 30, 2016 S. 6405--C 14 A. 9005--C section two of this act shall be deemed to have been in full force and effect on and after June 30, 2016. 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 S of this act shall be as specifically set forth in the last section of such Parts.
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