S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
     S. 2005                                                  A. 3005
 
                       S E N A T E - A S S E M B L Y
 
                             January 23, 2017
                                ___________
 
 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 chapter 887 of the laws of 1983, amending the correction
   law  relating  to the psychological testing of candidates, in relation
   to the effectiveness thereof; to amend chapter  428  of  the  laws  of
   1999, amending the executive law and the criminal procedure law relat-
   ing  to  expanding the geographic area of employment of certain police
   officers, in relation to extending the expiration of such chapter;  to
   amend chapter 886 of the laws of 1972, amending the correction law and
   the  penal law relating to prisoner furloughs in certain cases and the
   crime of absconding therefrom, in relation to the effectiveness there-
   of; to amend chapter 261 of the laws of 1987, amending chapters 50, 53
   and 54 of the laws of 1987, the correction  law,  the  penal  law  and
   other  chapters  and  laws  relating  to  correctional  facilities, in
   relation to the effectiveness thereof; to amend  chapter  339  of  the
   laws  of  1972, amending the correction law and the penal law relating
   to inmate work release, furlough and leave, in relation to the  effec-
   tiveness  thereof; to amend chapter 60 of the laws of 1994 relating to
   certain provisions which impact upon expenditure of certain  appropri-
   ations made by chapter 50 of the laws of 1994 enacting the state oper-
   ations  budget,  in  relation  to  the effectiveness thereof; to amend
   chapter 3 of the laws of 1995, amending the correction law  and  other
   laws  relating  to the incarceration fee, in relation to extending the
   expiration of certain provisions of such chapter; to amend chapter  62
   of  the  laws  of  2011, amending the correction law and the executive
   law, relating to merging the department of correctional  services  and
   division  of  parole  into the department of corrections and community
   supervision, in relation to the effectiveness thereof; to amend  chap-
   ter 55 of the laws of 1992, amending the tax law and other laws relat-
   ing  to  taxes, surcharges, fees and funding, in relation to extending
   the expiration of certain provisions of such chapter; to amend chapter
   907 of the laws of 1984, amending the correction  law,  the  New  York
 
              

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD12570-01-7

 S. 2005                             2                            A. 3005
 
   city  criminal  court act and the executive law relating to prison and
   jail housing and alternatives to detention and incarceration programs,
   in relation to extending the expiration of certain provisions of  such
   chapter;  to  amend  chapter 166 of the laws of 1991, amending the tax
   law and other laws relating to taxes, in  relation  to  extending  the
   expiration of certain provisions of such chapter; to amend the vehicle
   and traffic law, in relation to extending the expiration of the manda-
   tory  surcharge and victim assistance fee; to amend chapter 713 of the
   laws of 1988, amending the vehicle and traffic  law  relating  to  the
   ignition  interlock device program, in relation to extending the expi-
   ration thereof; to amend chapter 435 of the laws of 1997, amending the
   military law  and  other  laws  relating  to  various  provisions,  in
   relation  to  extending the expiration date of the merit provisions of
   the correction law and the penal law of such chapter; to amend chapter
   412 of the laws of 1999, amending the civil practice law and rules and
   the court of claims act relating to  prisoner  litigation  reform,  in
   relation  to  extending  the  expiration  of  the  inmate  filing  fee
   provisions of the civil practice law and rules and general filing  fee
   provision  and  inmate  property  claims exhaustion requirement of the
   court of claims act of such chapter; to amend chapter 222 of the  laws
   of  1994  constituting  the  family  protection  and domestic violence
   intervention act of 1994, in relation to extending the  expiration  of
   certain  provisions of the criminal procedure law requiring the arrest
   of certain persons engaged in family violence; to amend chapter 505 of
   the laws of 1985, amending the criminal procedure law relating to  the
   use  of  closed-circuit  television  and other protective measures for
   certain child witnesses, in relation to extending  the  expiration  of
   the provisions thereof; to amend chapter 3 of the laws of 1995, enact-
   ing  the  sentencing  reform act of 1995, in relation to extending the
   expiration of certain provisions of such chapter; to amend chapter 689
   of the laws of 1993 amending the criminal procedure  law  relating  to
   electronic  court  appearance  in  certain  counties,  in  relation to
   extending the expiration thereof; to amend chapter 688 of the laws  of
   2003,  amending  the executive law relating to enacting the interstate
   compact for adult offender supervision, in relation to the  effective-
   ness  thereof;  to  amend chapter 56 of the laws of 2009, amending the
   correction law relating to limiting the closing of certain correction-
   al facilities, providing for the custody by the department of  correc-
   tional  services  of inmates serving definite sentences, providing for
   custody of federal prisoners and  requiring  the  closing  of  certain
   correctional  facilities,  in  relation  to  the effectiveness of such
   chapter; to amend chapter 152 of the laws of 2001 amending  the  mili-
   tary  law  relating  to  military  funds  of the organized militia, in
   relation to the effectiveness thereof; to amend  chapter  554  of  the
   laws  of  1986, amending the correction law and the penal law relating
   to providing for community treatment facilities and  establishing  the
   crime of absconding from the community treatment facility, in relation
   to  the effectiveness thereof; and to amend 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 A);  to  amend  the  penal
   law,  in  relation  to  criminal  possession of marihuana in the fifth
   degree (Part B); to amend the penal law, in relation  to  cybercrimes;
   and to repeal certain provisions of the penal law thereto (Part C); to
   amend  the criminal procedure law, the family court act and the execu-
   tive law, in relation to statements of those  accused  of  crimes  and

 S. 2005                             3                            A. 3005
 
   eyewitness  identifications,  to  enhance  criminal investigations and
   prosecutions and to promote confidence in the criminal justice  system
   of  this  state;  to  amend  the  county law and the executive law, in
   relation  to  the  implementation  of  a plan regarding indigent legal
   services; to amend chapter 62 of the laws of 2003, amending the county
   law and other laws relating to fees collected, in relation to  certain
   fees  collected  by  the  office of court administration; to amend the
   judiciary law, in relation to the biennial registration fee for attor-
   neys, and to amend the vehicle and traffic law,  in  relation  to  the
   termination  of  the  suspension  fee for a license to operate a motor
   vehicle (Part D); to amend the correction  law,  the  penal  law,  the
   criminal   procedure  law  and  the  executive  law,  in  relation  to
   correction reform; and to amend chapter 3 of the laws of 1995 enacting
   the sentencing reform act of  1995,  in  relation  to  making  certain
   provisions permanent (Part E); to amend the executive law, in relation
   to the establishment of a hate crime task force (Part F); to amend the
   executive  law,  in  relation  to  expanding eligibility for awards to
   victims of certain crimes not resulting in physical injury  (Part  G);
   to  amend the executive law, in relation to the reimbursement for loss
   of savings of a vulnerable elderly person or an incompetent  or  phys-
   ically  disabled  person  (Part  H);  to  amend  the executive law, in
   relation to additional duties of the commissioner of general  services
   (Part  I);  to  amend the state finance law and the public authorities
   law, in relation to state procurement of goods and products (Part  J);
   to authorize the transfer of employees of the division of military and
   naval  affairs  in the unclassified service of the state to the office
   of general services; and providing for the repeal of  such  provisions
   upon  expiration thereof (Part K); to amend chapter 674 of the laws of
   1993 amending the public buildings law relating to  value  limitations
   on  contracts, in relation to extending the effectiveness thereof; and
   to amend the public buildings  law  and  the  state  finance  law,  in
   relation to contracts for construction projects (Part L); to amend the
   New  York  state  printing  and  public  documents law, in relation to
   allowing the exclusion of printing when the cost of such  printing  is
   below  the  agency's  discretionary  purchasing threshold (Part M); to
   amend the state finance law, in  relation  to  the  preferred  sources
   program  for  commodities  or services (Part N); to amend the workers'
   compensation law, in relation to the  right  to  cancel  an  insurance
   policy  for  failure by an employer to cooperate with a payroll audit,
   to the collection of premiums in case of default, and to the  informa-
   tion required to be included in payroll records (Part O); to amend the
   workers'  compensation  law,  in relation to the investment of surplus
   funds of the state insurance fund (Part P); to amend the civil service
   law, in relation to term appointments to temporary positions in infor-
   mation technology (Part Q); to amend the general  municipal  law,  the
   public  housing law, the state finance law and chapter 585 of the laws
   of 1939, relating to the rate of interest to be paid by certain public
   corporations upon judgments and accrued claims, in relation to  inter-
   est  rates  paid by certain public corporations (Part R); to amend the
   civil service law, in relation to the reimbursement of medicare premi-
   um charges (Part S); to amend the civil service law,  in  relation  to
   the  state's  contribution to the cost of health insurance premium for
   retirees of the state and their dependents  (Part  T);  to  amend  the
   municipal  home  rule  law, in relation to county-wide shared services
   property tax savings plan (Part U); to amend  the  executive  law,  in
   relation  to  unlawful  discriminatory practices by educational insti-

 S. 2005                             4                            A. 3005
 
   tutions (Part V); to amend the public authorities law, in relation  to
   enacting  the  "New  York  state  consolidated laboratory project act"
   (Part W); to amend the economic development law,  the  education  law,
   the  tax law and the real property tax law, in relation to the excels-
   ior business program (Part X); to amend the labor law, in relation  to
   amending  unemployment insurance benefits for earnings disregard (Part
   Y); and to  provide  for  the  administration  of  certain  funds  and
   accounts  related  to  the  2017-18  budget  and  authorizing  certain
   payments and transfers; to amend the state finance law, in relation to
   the school tax relief fund and payments, transfers  and  deposits;  to
   amend  the state finance law, in relation to the dedicated infrastruc-
   ture investment fund; to amend chapter 62 of the laws of 2003 amending
   the general business law and other laws relating to  implementing  the
   state  fiscal plan for the 2003-2004 state fiscal year, in relation to
   the deposit provisions of the tobacco settlement financing corporation
   act; to amend the state finance law, in relation to  establishing  the
   retiree health benefit trust fund; to amend chapter 174 of the laws of
   1968  constituting  the  New  York state urban development corporation
   act, in relation to funding project  costs  undertaken  by  non-public
   schools;  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 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 by the dormitory authority; to amend
   chapter 61 of the laws of 2005 relating to providing for the  adminis-
   tration 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
   amend the public authorities law, in  relation  to  authorization  for
   issuance  of  bonds for the capital restructuring bond finance program

 S. 2005                             5                            A. 3005
 
   and the health care facility transformation program to amend the state
   finance law and the public authorities law,  in  relation  to  funding
   certain capital projects and the issuance of bonds; to repeal sections
   58, 59 and 60 of the state finance law relating thereto; and providing
   for the repeal of certain provisions upon expiration thereof (Part Z)
 
   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 2017-2018
 state  fiscal  year.  Each  component  is wholly contained within a Part
 identified as Parts A through Z. The effective date for each  particular
 provision contained within such Part is set forth in the last section of
 such Part. Any provision in any section contained within a Part, includ-
 ing the effective date of the Part, which makes a reference to a section
 "of  this  act", when used in connection with that particular component,
 shall be deemed to mean and refer to the corresponding  section  of  the
 Part  in  which  it  is  found. Section three of this act sets forth the
 general effective date of this act.
 
                                  PART A
 
   Section 1. Section 2 of chapter 887 of the laws of 1983, amending  the
 correction  law  relating to the psychological testing of candidates, as
 amended by section 1 of part B of chapter 55 of the  laws  of  2015,  is
 amended to read as follows:
   § 2. This act shall take effect on the one hundred eightieth day after
 it shall have become a law and shall remain in effect until September 1,
 [2017] 2019.
   § 2. Section 3 of chapter 428 of the laws of 1999, amending the execu-
 tive  law  and  the  criminal  procedure  law  relating to expanding the
 geographic area of employment of certain police officers, as amended  by
 section  2  of  part  B of chapter 55 of the laws of 2015, is amended to
 read as follows:
   § 3. This act shall take effect on the  first  day  of  November  next
 succeeding  the  date  on  which  it  shall have become a law, and shall
 remain in effect until the first day of September, [2017] 2019, when  it
 shall expire and be deemed repealed.
   §  3.  Section  3  of  chapter  886  of the laws of 1972, amending the
 correction law and the penal  law  relating  to  prisoner  furloughs  in
 certain  cases  and  the  crime  of  absconding therefrom, as amended by
 section 3 of part B of chapter 55 of the laws of  2015,  is  amended  to
 read as follows:
   §  3.  This act shall take effect 60 days after it shall have become a
 law and shall remain in effect until September 1, [2017] 2019.
   § 4. Section 20 of chapter 261 of the laws of 1987, amending  chapters
 50, 53 and 54 of the laws of 1987, the correction law, the penal law and
 other  chapters and laws relating to correctional facilities, as amended
 by section 4 of part B of chapter 55 of the laws of 2015, is amended  to
 read as follows:
   § 20. This act shall take effect immediately except that section thir-
 teen  of  this  act shall expire and be of no further force or effect on
 and after September 1, [2017]  2019  and  shall  not  apply  to  persons
 committed to the custody of the department after such date, and provided

 S. 2005                             6                            A. 3005
 
 further  that  the commissioner of corrections and community supervision
 shall report each January first and July first during such time  as  the
 earned  eligibility  program is in effect, to the chairmen of the senate
 crime  victims, crime and correction committee, the senate codes commit-
 tee, the assembly correction committee, and the assembly  codes  commit-
 tee,  the  standards  in  effect for earned eligibility during the prior
 six-month period, the number of inmates subject  to  the  provisions  of
 earned  eligibility,  the  number  who actually received certificates of
 earned eligibility during that period of time,  the  number  of  inmates
 with  certificates who are granted parole upon their first consideration
 for parole, the number with certificates  who  are  denied  parole  upon
 their  first  consideration,  and  the number of individuals granted and
 denied parole who did not have earned eligibility certificates.
   § 5. Subdivision (q) of section 427 of chapter 55 of the laws of 1992,
 amending the tax law and other laws relating to taxes, surcharges,  fees
 and funding, as amended by section 5 of part B of chapter 55 of the laws
 of 2015, is amended to read as follows:
   (q)  the  provisions  of  section  two hundred eighty-four of this act
 shall remain in effect until September 1, [2017] 2019 and be  applicable
 to all persons entering the program on or before August 31, [2017] 2019.
   §  6.  Section  10  of  chapter  339 of the laws of 1972, amending the
 correction law and the  penal  law  relating  to  inmate  work  release,
 furlough  and  leave, as amended by section 6 of part B of chapter 55 of
 the laws of 2015, is amended to read as follows:
   § 10. This act shall take effect 30 days after it shall have become  a
 law  and  shall  remain  in  effect  until September 1, [2017] 2019, and
 provided further that the commissioner of  correctional  services  shall
 report each January first, and July first, to the chairman of the senate
 crime  victims, crime and correction committee, the senate codes commit-
 tee, the assembly correction committee, and the assembly  codes  commit-
 tee,  the  number of eligible inmates in each facility under the custody
 and control of the commissioner who have applied  for  participation  in
 any  program  offered under the provisions of work release, furlough, or
 leave, and the number of such inmates who have been approved for partic-
 ipation.
   § 7. Subdivision (c) of section 46 of chapter 60 of the laws  of  1994
 relating  to certain provisions which impact upon expenditure of certain
 appropriations made by chapter 50 of the laws of 1994 enacting the state
 operations budget, as amended by section 7 of part B of  chapter  55  of
 the laws of 2015, is amended to read as follows:
   (c)  sections forty-one and forty-two of this act shall expire Septem-
 ber 1, [2017] 2019; provided, that the provisions of  section  forty-two
 of  this act shall apply to inmates entering the work release program on
 or after such effective date; and
   § 8. Subdivision h of section 74 of chapter 3 of  the  laws  of  1995,
 amending the correction law and other laws relating to the incarceration
 fee,  as  amended  by  section  8 of part B of chapter 55 of the laws of
 2015, is amended to read as follows:
   h. Section fifty-two of this act shall be deemed to have been in  full
 force and effect on and after April 1, 1995; provided, however, that the
 provisions  of  section 189 of the correction law, as amended by section
 fifty-five of this act, subdivision 5 of section 60.35 of the penal law,
 as amended by section fifty-six of this act, and section fifty-seven  of
 this  act shall expire September 1, [2017] 2019, when upon such date the
 amendments to the correction law and penal law made by  sections  fifty-
 five  and  fifty-six  of  this act shall revert to and be read as if the

 S. 2005                             7                            A. 3005
 
 provisions of this act had not been  enacted;  provided,  however,  that
 sections  sixty-two,  sixty-three  and  sixty-four  of this act shall be
 deemed to have been in full force and effect on and after March 1,  1995
 and  shall  be  deemed  repealed  April  1,  1996 and upon such date the
 provisions of subsection (e) of section 9110 of the  insurance  law  and
 subdivision  2  of section 89-d of the state finance law shall revert to
 and be read as set out in law on  the  date  immediately  preceding  the
 effective date of sections sixty-two and sixty-three of this act;
   §  9.  Subdivision (c) of section 49 of subpart A of part C of chapter
 62 of the laws of 2011 amending the correction  law  and  the  executive
 law,  relating  to  merging  the department of correctional services and
 division of parole into the  department  of  corrections  and  community
 supervision, as amended by section 9 of part B of chapter 55 of the laws
 of 2015, is amended to read as follows:
   (c)  that  the  amendments  to  subdivision  9  of  section 201 of the
 correction law as added by section thirty-two of this act  shall  remain
 in  effect  until  September 1, [2017] 2019, when it shall expire and be
 deemed repealed;
   § 10. Subdivision (aa) of section 427 of chapter 55  of  the  laws  of
 1992, amending the tax law and other laws relating to taxes, surcharges,
 fees  and  funding,  as amended by section 10 of part B of chapter 55 of
 the laws of 2015, is amended to read as follows:
   (aa) the  provisions  of  sections  three  hundred  eighty-two,  three
 hundred  eighty-three  and  three  hundred eighty-four of this act shall
 expire on September 1, [2017] 2019;
   § 11. Section 12 of chapter 907 of the  laws  of  1984,  amending  the
 correction  law,  the New York city criminal court act and the executive
 law relating to prison and jail housing and  alternatives  to  detention
 and  incarceration programs, as amended by section 11 of part B of chap-
 ter 55 of the laws of 2015, is amended to read as follows:
   § 12.  This  act  shall  take  effect  immediately,  except  that  the
 provisions  of sections one through ten of this act shall remain in full
 force and effect until September 1, [2017]  2019  on  which  date  those
 provisions shall be deemed to be repealed.
   §  12.  Subdivision  (p)  of section 406 of chapter 166 of the laws of
 1991, amending the tax law and other laws relating to taxes, as  amended
 by section 12 of part B of chapter 55 of the laws of 2015, is amended to
 read as follows:
   (p) The amendments to section 1809 of the vehicle and traffic law made
 by sections three hundred thirty-seven and three hundred thirty-eight of
 this  act  shall not apply to any offense committed prior to such effec-
 tive date; provided, further, that section three  hundred  forty-one  of
 this act shall take effect immediately and shall expire November 1, 1993
 at  which  time  it  shall  be  deemed  repealed; sections three hundred
 forty-five and three hundred forty-six of this  act  shall  take  effect
 July  1,  1991;  sections three hundred fifty-five, three hundred fifty-
 six, three hundred fifty-seven and three hundred fifty-nine of this  act
 shall  take  effect immediately and shall expire June 30, 1995 and shall
 revert to and be read as if this act had not been enacted; section three
 hundred fifty-eight of this act shall take effect immediately and  shall
 expire  June 30, 1998 and shall revert to and be read as if this act had
 not been enacted; section three hundred sixty-four through three hundred
 sixty-seven of this act shall apply to claims filed  on  or  after  such
 effective  date; sections three hundred sixty-nine, three hundred seven-
 ty-two, three hundred seventy-three, three hundred  seventy-four,  three
 hundred  seventy-five  and  three  hundred seventy-six of this act shall

 S. 2005                             8                            A. 3005
 
 remain in effect until September 1, [2017]  2019,  at  which  time  they
 shall   be  deemed  repealed;  provided,  however,  that  the  mandatory
 surcharge provided in section three hundred  seventy-four  of  this  act
 shall  apply  to parking violations occurring on or after said effective
 date; and provided further that the amendments made to  section  235  of
 the vehicle and traffic law by section three hundred seventy-two of this
 act,  the amendments made to section 1809 of the vehicle and traffic law
 by sections three hundred thirty-seven and three hundred thirty-eight of
 this act and the amendments made to section 215-a of the  labor  law  by
 section three hundred seventy-five of this act shall expire on September
 1,  [2017]  2019  and upon such date the provisions of such subdivisions
 and sections shall revert to and be read as if the  provisions  of  this
 act  had  not  been  enacted;  the amendments to subdivisions 2 and 3 of
 section 400.05 of the penal law made by sections three hundred  seventy-
 seven  and  three hundred seventy-eight of this act shall expire on July
 1, 1992 and upon such date the provisions  of  such  subdivisions  shall
 revert  and  shall be read as if the provisions of this act had not been
 enacted; the state board of law examiners shall take such action  as  is
 necessary to assure that all applicants for examination for admission to
 practice  as  an  attorney and counsellor at law shall pay the increased
 examination fee provided for by the amendment made to section 465 of the
 judiciary law by section three hundred eighty of this act for any  exam-
 ination given on or after the effective date of this act notwithstanding
 that an applicant for such examination may have prepaid a lesser fee for
 such examination as required by the provisions of such section 465 as of
 the  date  prior  to  the  effective date of this act; the provisions of
 section 306-a of the civil practice law and rules as  added  by  section
 three  hundred eighty-one of this act shall apply to all actions pending
 on or commenced on or after September 1, 1991, provided,  however,  that
 for  the  purposes of this section service of such summons made prior to
 such date shall be deemed to have been completed on September  1,  1991;
 the  provisions  of section three hundred eighty-three of this act shall
 apply to all money deposited  in  connection  with  a  cash  bail  or  a
 partially  secured  bail  bond  on or after such effective date; and the
 provisions of sections  three  hundred  eighty-four  and  three  hundred
 eighty-five  of  this  act  shall  apply  only to jury service commenced
 during a judicial term beginning on or after the effective date of  this
 act; provided, however, that nothing contained herein shall be deemed to
 affect  the  application,  qualification,  expiration  or  repeal of any
 provision of law amended by any section of this act and such  provisions
 shall  be  applied or qualified or shall expire or be deemed repealed in
 the same manner, to the same extent and on the same date as the case may
 be as otherwise provided by law;
   § 13. Subdivision 8 of section 1809 of the vehicle and traffic law, as
 amended by section 13 of part B of chapter 55 of the laws  of  2015,  is
 amended to read as follows:
   8. The provisions of this section shall only apply to offenses commit-
 ted on or before September first, two thousand [seventeen] NINETEEN.
   § 14. Section 6 of chapter 713 of the laws of 1988, amending the vehi-
 cle  and  traffic law relating to the ignition interlock device program,
 as amended by section 14 of part B of chapter 55 of the laws of 2015, is
 amended to read as follows:
   § 6. This act shall take  effect  on  the  first  day  of  April  next
 succeeding  the  date  on  which  it  shall have become a law; provided,
 however, that effective immediately, the addition, amendment  or  repeal
 of  any rule or regulation necessary for the implementation of the fore-

 S. 2005                             9                            A. 3005
 
 going sections of this act on their effective  date  is  authorized  and
 directed  to  be made and completed on or before such effective date and
 shall remain in full force and effect until the first day of  September,
 [2017]  2019  when  upon  such  date the provisions of this act shall be
 deemed repealed.
   § 15. Paragraph a of subdivision 6 of section 76 of chapter 435 of the
 laws of 1997, amending the military law and other laws relating to vari-
 ous provisions, as amended by section 15 of part B of chapter 55 of  the
 laws of 2015, is amended to read as follows:
   a.  sections  forty-three  through forty-five of this act shall expire
 and be deemed repealed on September 1, [2017] 2019;
   § 16. Section 4 of part D of chapter 412 of the laws of 1999, amending
 the civil practice law and rules and the court of claims act relating to
 prisoner litigation reform, as amended by section 16 of part B of  chap-
 ter 55 of the laws of 2015, is amended to read as follows:
   §  4. This act shall take effect 120 days after it shall have become a
 law and shall remain in full force and effect until September 1,  [2017]
 2019, when upon such date it shall expire.
   §  17. Subdivision 2 of section 59 of chapter 222 of the laws of 1994,
 constituting the family protection and  domestic  violence  intervention
 act  of  1994,  as  amended by section 17 of part B of chapter 55 of the
 laws of 2015, is amended to read as follows:
   2. Subdivision 4 of section 140.10 of the criminal  procedure  law  as
 added  by  section  thirty-two  of this act shall take effect January 1,
 1996 and shall expire and be deemed  repealed  on  September  1,  [2017]
 2019.
   § 18. Section 5 of chapter 505 of the laws of 1985, amending the crim-
 inal  procedure law relating to the use of closed-circuit television and
 other protective measures for certain child  witnesses,  as  amended  by
 section  18  of  part B of chapter 55 of the laws of 2015, is amended to
 read as follows:
   § 5. This act shall take effect immediately and  shall  apply  to  all
 criminal  actions  and proceedings commenced prior to the effective date
 of this act but still pending on such  date  as  well  as  all  criminal
 actions  and  proceedings  commenced on or after such effective date and
 its provisions shall expire on  September 1, [2017] 2019, when upon such
 date the provisions of this act shall be deemed repealed.
   § 19. Subdivision d of section 74 of chapter 3 of the  laws  of  1995,
 enacting  the sentencing reform act of 1995, as amended by section 19 of
 part B of chapter 55 of the laws of 2015, is amended to read as follows:
   d. Sections one-a through twenty,  twenty-four  through  twenty-eight,
 thirty  through  thirty-nine, forty-two and forty-four of this act shall
 be deemed repealed on September 1, [2017] 2019;
   § 20. Section 2 of chapter 689 of the laws of 1993 amending the crimi-
 nal procedure law relating to electronic  court  appearance  in  certain
 counties,  as  amended by section 20 of part B of chapter 55 of the laws
 of 2015, is amended to read as follows:
   §  2.  This  act  shall  take  effect  immediately,  except  that  the
 provisions  of  this  act shall be deemed to have been in full force and
 effect since July 1, 1992 and the provisions of this  act  shall  expire
 September  1, [2017] 2019 when upon such date the provisions of this act
 shall be deemed repealed.
   § 21. Section 3 of chapter 688 of the laws of 2003, amending the exec-
 utive law relating to enacting the interstate compact for adult offender
 supervision, as amended by section 21 of part B of  chapter  55  of  the
 laws of 2015, is amended to read as follows:

 S. 2005                            10                            A. 3005
 
   §  3.  This act shall take effect immediately, except that section one
 of this act shall take effect on the first of  January  next  succeeding
 the date on which it shall have become a law, and shall remain in effect
 until  the  first  of  September,  [2017] 2019, upon which date this act
 shall  be deemed repealed and have no further force and effect; provided
 that section one of this act shall only take effect with respect to  any
 compacting  state  which  has  enacted  an  interstate  compact entitled
 "Interstate compact for adult offender supervision" and having an  iden-
 tical  effect  to  that  added  by  section one of this act and provided
 further that with respect to any such compacting state, upon the  effec-
 tive date of section one of this act, section 259-m of the executive law
 is  hereby  deemed  REPEALED and section 259-mm of the executive law, as
 added by section one of  this  act,  shall  take  effect;  and  provided
 further  that  with respect to any state which has not enacted an inter-
 state compact entitled "Interstate compact  for  adult  offender  super-
 vision"  and  having an identical effect to that added by section one of
 this act, section 259-m of the executive law shall take effect  and  the
 provisions  of  section one of this act, with respect to any such state,
 shall have no force or effect until such time as such state shall  adopt
 an  interstate  compact  entitled "Interstate compact for adult offender
 supervision" and having an identical effect to that added by section one
 of this act in which case, with respect to such state,  effective  imme-
 diately,  section  259-m  of  the  executive  law is deemed repealed and
 section 259-mm of the executive law, as added by  section  one  of  this
 act, shall take effect.
   §  22. Section 8 of part H of chapter 56 of the laws of 2009, amending
 the correction law relating to limiting the closing of  certain  correc-
 tional  facilities,  providing  for  the  custody  by  the department of
 correctional services of inmates serving definite  sentences,  providing
 for  custody  of  federal prisoners and requiring the closing of certain
 correctional facilities, as amended by section 22 of part B  of  chapter
 55 of the laws of 2015, is amended to read as follows:
   §  8.  This  act shall take effect immediately; provided, however that
 sections five and six of this act shall expire and  be  deemed  repealed
 September 1, [2017] 2019.
   §  23. Section 3 of part C of chapter 152 of the laws of 2001 amending
 the military law relating to military funds of the organized militia, as
 amended by section 23 of part B of chapter 55 of the laws  of  2015,  is
 amended to read as follows:
   §  3.  This act shall take effect on the same date as the reversion of
 subdivision 5 of section 183 and subdivision 1 of  section  221  of  the
 military  law  as  provided  by section 76 of chapter 435 of the laws of
 1997, as amended by section 1 of chapter 19 of the laws of 1999 notwith-
 standing this act shall be deemed to have been in full force and  effect
 on  and  after  July  31, 2005 and shall remain in full force and effect
 until September 1, [2017] 2019  when  upon  such  date  this  act  shall
 expire.
   §  24.  Section  5  of  chapter  554 of the laws of 1986, amending the
 correction law and the penal law relating  to  providing  for  community
 treatment  facilities  and establishing the crime of absconding from the
 community treatment facility, as amended by section  24  of  part  B  of
 chapter 55 of the laws of 2015, is amended to read as follows:
   §  5.  This act shall take effect immediately and shall remain in full
 force and effect until September 1, [2017] 2019,  and  provided  further
 that the commissioner of correctional services shall report each January
 first  and July first during such time as this legislation is in effect,

 S. 2005                            11                            A. 3005
 
 to the chairmen of  the  senate  crime  victims,  crime  and  correction
 committee,  the  senate codes committee, the assembly correction commit-
 tee, and the assembly codes committee, the number of individuals who are
 released to community treatment facilities during the previous six-month
 period,  including  the  total number for each date at each facility who
 are not residing within the facility, but who are required to report  to
 the facility on a daily or less frequent basis.
   §  25. Section 2 of part H of chapter 503 of the laws of 2009 relating
 to the disposition of monies  recovered  by  county  district  attorneys
 before  the  filing of an accusatory instrument, as amended by section 1
 of part B of chapter 57 of the laws of  2016,  is  amended  to  read  as
 follows:
   §  2.  This act shall take effect immediately and shall remain in full
 force and effect until March 31, [2017] 2019, when it shall  expire  and
 be deemed repealed.
   §  26.  This  act shall take effect immediately, provided however that
 section twenty-five of this act shall be deemed to  have  been  in  full
 force and effect on and after March 31, 2017.
 
                                  PART B
 
   Section  1. Section 221.10 of the penal law, as amended by chapter 265
 of the laws of 1979 and subdivision 2 as amended by chapter  75  of  the
 laws of 1995, is amended to read as follows:
 § 221.10 Criminal possession of marihuana in the fifth degree.
   A  person  is  guilty of criminal possession of marihuana in the fifth
 degree when he OR SHE knowingly and unlawfully possesses:
   1. marihuana in a public place, as defined in section 240.00  of  this
 chapter, and such marihuana is burning [or open to public view]; or
   2.  one  or  more  preparations,  compounds,  mixtures  or  substances
 containing  marihuana  and  the  preparations,  compounds,  mixtures  or
 substances are of an aggregate weight of more than twenty-five grams.
   Criminal  possession  of  marihuana  in  the fifth degree is a class B
 misdemeanor.
   § 2. This act shall take effect on the first of November next succeed-
 ing the date on which it shall have become a law.
 
                                  PART C
 
   Section 1. Section 190.78 of the penal law, as added by chapter 619 of
 the laws of 2002, is amended to read as follows:
 § 190.78 Identity theft in the [third] FIFTH degree.
   A person is guilty of identity theft in the [third] FIFTH degree  when
 he  or  she knowingly and with intent to defraud assumes the identity of
 another person by presenting himself or herself as that other person, or
 by acting as that other person or by using personal identifying informa-
 tion of that other person, and thereby:
   1. obtains goods, money, property or services or uses  credit  in  the
 name  of such other person or causes financial loss to such person or to
 another person or persons; or
   2. commits a class A misdemeanor or higher level crime.
   Identity theft in the [third] FIFTH degree is a class A misdemeanor.
   § 2. Section 190.79 of the penal law, as added by chapter 619  of  the
 laws  of  2002,  subdivision  4 as amended by chapter 279 of the laws of
 2008, is amended to read as follows:
 § 190.79 Identity theft in the [second] FOURTH degree.

 S. 2005                            12                            A. 3005
 
   A person is guilty of [identify] IDENTITY theft in the [second] FOURTH
 degree when:
   1. he or she knowingly and with intent to defraud assumes the identity
 of another person by presenting himself or herself as that other person,
 or  by  acting  as  that  other  person or by using personal identifying
 information of that other person, and thereby:
   [1.] A. obtains goods, money, property or services or uses  credit  in
 the  name  of such other person in an aggregate amount that exceeds five
 hundred dollars; or
   [2.] B. causes financial loss to such person or to another  person  or
 persons in an aggregate amount that exceeds five hundred dollars; or
   [3.] C. commits or attempts to commit a felony or acts as an accessory
 to the commission of a felony; or
   [4.]  D.  commits  the  crime  of  identity theft in the [third] FIFTH
 degree as defined in section 190.78 of this article and has been  previ-
 ously  convicted  within  the  last [five years of identity theft in the
 third degree as defined in section 190.78, identity theft in the  second
 degree as defined in this section, identity theft in the first degree as
 defined  in  section 190.80, unlawful possession of personal identifica-
 tion information in the third  degree  as  defined  in  section  190.81,
 unlawful possession of personal identification information in the second
 degree  as  defined  in  section 190.82, unlawful possession of personal
 identification information in the first degree  as  defined  in  section
 190.83,  unlawful possession of a skimmer device in the second degree as
 defined in section 190.85, unlawful possession of a  skimmer  device  in
 the  first  degree  as  defined  in section 190.86, grand larceny in the
 fourth degree as defined in section 155.30, grand larceny in  the  third
 degree  as defined in section 155.35, grand larceny in the second degree
 as defined in section 155.40 or grand larceny in  the  first  degree  as
 defined in section 155.42 of this chapter] TEN YEARS, EXCLUDING ANY TIME
 DURING  WHICH  SUCH PERSON WAS INCARCERATED FOR ANY REASON, OF ANY CRIME
 IN THIS ARTICLE OR ARTICLE 170 OF THIS TITLE, OR OF ANY LARCENY CRIME AS
 DEFINED IN ARTICLE 155 OF THIS CHAPTER, OR OF ANY CRIMINAL POSSESSION OF
 STOLEN PROPERTY CRIME AS DEFINED IN ARTICLE 165 OF THIS CHAPTER; OR
   2. HE OR SHE KNOWINGLY AND WITH INTENT TO DEFRAUD ASSUMES THE IDENTITY
 OF THREE OR MORE PERSONS BY  PRESENTING  HIMSELF  OR  HERSELF  AS  THOSE
 PERSONS  OR  BY ACTING AS THOSE PERSONS OR BY USING PERSONAL IDENTIFYING
 INFORMATION OF ANY OF THOSE PERSONS AND THEREBY  OBTAINS  GOODS,  MONEY,
 PROPERTY  OR  SERVICES  OR  USES CREDIT IN THE NAME OF AT LEAST ONE SUCH
 PERSONS, OR CAUSES FINANCIAL LOSS TO AT LEAST  ONE  SUCH  PERSON  OR  TO
 ANOTHER PERSON OR PERSONS.
   Identity theft in the [second] FOURTH degree is a class E felony.
   §  3.  Section 190.80 of the penal law, as added by chapter 619 of the
 laws of 2002, subdivision 4 as amended by chapter 279  of  the  laws  of
 2008, is amended to read as follows:
 § 190.80 Identity theft in the [first] THIRD degree.
   A person is guilty of identity theft in the [first] THIRD degree when:
 1.  he  or she knowingly and with intent to defraud assumes the identity
 of another person by presenting himself or herself as that other person,
 or by acting as that other  person  or  by  using  personal  identifying
 information of that other person, and thereby:
   [1.]  A.  obtains goods, money, property or services or uses credit in
 the name of such other person in an aggregate amount  that  exceeds  two
 thousand dollars; or
   [2.]  B.  causes financial loss to such person or to another person or
 persons in an aggregate amount that exceeds two thousand dollars; or

 S. 2005                            13                            A. 3005

   [3.] C. commits or attempts to commit a class D felony or higher level
 crime or acts as an accessory in the commission of a class D  or  higher
 level felony; or
   [4.]  D.  commits  the  crime of identity theft in the [second] FOURTH
 degree as defined in section 190.79 of this article and has been  previ-
 ously  convicted  within  the  last [five years of identity theft in the
 third degree as defined in section 190.78, identity theft in the  second
 degree  as defined in section 190.79, identity theft in the first degree
 as defined in this section, unlawful possession of personal  identifica-
 tion  information  in  the  third  degree  as defined in section 190.81,
 unlawful possession of personal identification information in the second
 degree as defined in section 190.82,  unlawful  possession  of  personal
 identification  information  in  the  first degree as defined in section
 190.83, unlawful possession of a skimmer device in the second degree  as
 defined  in  section  190.85, unlawful possession of a skimmer device in
 the first degree as defined in section  190.86,  grand  larceny  in  the
 fourth  degree  as defined in section 155.30, grand larceny in the third
 degree as defined in section 155.35, grand larceny in the second  degree
 as  defined  in  section  155.40 or grand larceny in the first degree as
 defined in section 155.42 of this chapter] TEN YEARS, EXCLUDING ANY TIME
 DURING WHICH SUCH PERSON WAS INCARCERATED FOR ANY REASON, OF  ANY  CRIME
 IN THIS ARTICLE OR ARTICLE 170 OF THIS TITLE, OR OF ANY LARCENY CRIME AS
 DEFINED IN ARTICLE 155 OF THIS CHAPTER, OR OF ANY CRIMINAL POSSESSION OF
 STOLEN PROPERTY CRIME AS DEFINED IN ARTICLE 165 OF THIS CHAPTER; OR
   2.  ASSUMES  THE IDENTITY OF TEN OR MORE PERSONS BY PRESENTING HIMSELF
 OR HERSELF AS THOSE OTHER PERSONS, OR BY ACTING AS THOSE OTHER  PERSONS,
 OR BY USING PERSONAL IDENTIFYING INFORMATION OF THOSE OTHER PERSONS, AND
 THEREBY OBTAINS GOODS, MONEY, PROPERTY OR SERVICES OR USES CREDIT IN THE
 NAME  OF AT LEAST ONE SUCH PERSONS, OR CAUSES FINANCIAL LOSS TO AT LEAST
 ONE SUCH PERSON, OR TO ANOTHER PERSON OR PERSONS.
   Identity theft in the [first] THIRD degree is a class D felony.
   § 4. Sections 190.81 and 190.82 of the penal law are REPEALED and  two
 new sections 190.81 and 190.82 are added to read as follows:
 § 190.81 IDENTITY THEFT IN THE SECOND DEGREE.
   A PERSON IS GUILTY OF IDENTITY THEFT IN THE SECOND DEGREE WHEN:
   1. HE OR SHE KNOWINGLY AND WITH INTENT TO DEFRAUD ASSUMES THE IDENTITY
 OF ANOTHER PERSON BY PRESENTING HIMSELF OR HERSELF AS THAT OTHER PERSON,
 OR  BY  ACTING  AS  THAT  OTHER  PERSON OR BY USING PERSONAL IDENTIFYING
 INFORMATION OF THAT OTHER PERSON, AND THEREBY:
   A. OBTAINS GOODS, MONEY, PROPERTY OR SERVICES OR USES  CREDIT  IN  THE
 NAME  OF  SUCH  OTHER PERSON IN AN AGGREGATE AMOUNT THAT EXCEEDS TWENTY-
 FIVE THOUSAND DOLLARS; OR
   B. CAUSES FINANCIAL LOSS TO  SUCH  PERSON  OR  TO  ANOTHER  PERSON  OR
 PERSONS  IN  AN  AGGREGATE  AMOUNT  THAT  EXCEEDS  TWENTY-FIVE  THOUSAND
 DOLLARS; OR
   C. COMMITS OR ATTEMPTS TO COMMIT A CLASS  C  FELONY  OR  HIGHER  LEVEL
 CRIME  OR  ACTS AS AN ACCESSORY IN THE COMMISSION OF A CLASS C OR HIGHER
 LEVEL FELONY; OR
   D. COMMITS THE CRIME OF IDENTITY THEFT IN THE THIRD DEGREE AS  DEFINED
 IN  SECTION  190.80  OF  THIS  ARTICLE AND HAS BEEN PREVIOUSLY CONVICTED
 WITHIN THE LAST TEN YEARS, EXCLUDING ANY TIME DURING WHICH  SUCH  PERSON
 WAS INCARCERATED FOR ANY REASON, OF ANY CRIME IN THIS ARTICLE OR ARTICLE
 170  OF THIS TITLE, OR OF ANY LARCENY CRIME AS DEFINED IN ARTICLE 155 OF
 THIS CHAPTER, OR OF ANY CRIMINAL POSSESSION OF STOLEN PROPERTY CRIME  AS
 DEFINED IN ARTICLE 165 OF THIS CHAPTER; OR

 S. 2005                            14                            A. 3005
 
   2.  ASSUMES  THE IDENTITY OF TWENTY-FIVE OR MORE PERSONS BY PRESENTING
 HIMSELF OR HERSELF AS THOSE OTHER PERSONS, OR BY ACTING AS  THOSE  OTHER
 PERSONS,  OR  BY  USING  PERSONAL IDENTIFYING INFORMATION OF THOSE OTHER
 PERSONS, AND THEREBY OBTAINS GOODS, MONEY, PROPERTY OR SERVICES OR  USES
 CREDIT  IN  THE  NAME  OF AT LEAST ONE SUCH PERSONS, OR CAUSES FINANCIAL
 LOSS TO AT LEAST ONE SUCH PERSON, OR TO ANOTHER PERSON OR PERSONS.
   IDENTITY THEFT IN THE SECOND DEGREE IS A CLASS C FELONY.
 § 190.82 IDENTITY THEFT IN THE FIRST DEGREE.
   A PERSON IS GUILTY OF IDENTITY THEFT IN THE FIRST DEGREE WHEN:
   1. HE OR SHE KNOWINGLY AND WITH INTENT TO DEFRAUD ASSUMES THE IDENTITY
 OF ANOTHER PERSON BY PRESENTING HIMSELF OR HERSELF AS THAT OTHER PERSON,
 OR BY ACTING AS THAT OTHER  PERSON  OR  BY  USING  PERSONAL  IDENTIFYING
 INFORMATION OF THAT OTHER PERSON, AND THEREBY:
   A.  OBTAINS  GOODS,  MONEY, PROPERTY OR SERVICES OR USES CREDIT IN THE
 NAME OF SUCH OTHER PERSON IN  AN  AGGREGATE  AMOUNT  THAT  EXCEEDS  FIVE
 HUNDRED THOUSAND DOLLARS; OR
   B.  CAUSES  FINANCIAL  LOSS  TO  SUCH  PERSON  OR TO ANOTHER PERSON OR
 PERSONS IN AN  AGGREGATE  AMOUNT  THAT  EXCEEDS  FIVE  HUNDRED  THOUSAND
 DOLLARS; OR
   C.  COMMITS  OR  ATTEMPTS  TO  COMMIT A CLASS B FELONY OR HIGHER LEVEL
 CRIME OR ACTS AS AN ACCESSORY IN THE COMMISSION OF A CLASS B  OR  HIGHER
 LEVEL FELONY; OR
   D. COMMITS THE CRIME OF IDENTITY THEFT IN THE SECOND DEGREE AS DEFINED
 IN  SECTION  190.81  OF  THIS  ARTICLE AND HAS BEEN PREVIOUSLY CONVICTED
 WITHIN THE LAST TEN YEARS, EXCLUDING ANY TIME DURING WHICH  SUCH  PERSON
 WAS INCARCERATED FOR ANY REASON, OF ANY CRIME IN THIS ARTICLE OR ARTICLE
 170  OF THIS TITLE, OR OF ANY LARCENY CRIME AS DEFINED IN ARTICLE 155 OF
 THIS CHAPTER, OR OF ANY CRIMINAL POSSESSION OF STOLEN PROPERTY CRIME  AS
 DEFINED IN ARTICLE 165 OF THIS CHAPTER; OR
   2.  ASSUMES  THE IDENTITY OF ONE HUNDRED OR MORE PERSONS BY PRESENTING
 HIMSELF OR HERSELF AS THOSE OTHER PERSONS, OR BY ACTING AS  THOSE  OTHER
 PERSONS,  OR  BY  USING  PERSONAL IDENTIFYING INFORMATION OF THOSE OTHER
 PERSONS, AND THEREBY OBTAINS GOODS, MONEY, PROPERTY OR SERVICES OR  USES
 CREDIT  IN  THE  NAME  OF AT LEAST ONE SUCH PERSONS, OR CAUSES FINANCIAL
 LOSS TO AT LEAST ONE SUCH PERSON, OR TO ANOTHER PERSON OR PERSONS.
   IDENTITY THEFT IN THE FIRST DEGREE IS A CLASS B FELONY.
   § 5. Section 190.80-a of the penal law, as added by chapter 226 of the
 laws of 2008, is amended to read as follows:
 § 190.80-a Aggravated identity theft IN THE FIRST DEGREE.
   A person is guilty of aggravated identity theft IN  THE  FIRST  DEGREE
 when he or she knowingly and with intent to defraud assumes the identity
 of another person by presenting himself or herself as that other person,
 or  by  acting  as  that  other  person or by using personal identifying
 information of that other person, and knows that such person is a member
 of the armed forces, and knows that such member  is  presently  deployed
 outside of the continental United States; OR KNOWS THAT SUCH PERSON IS A
 VULNERABLE  ELDERLY  PERSON  AS  DEFINED IN SUBDIVISION THREE OF SECTION
 260.31 OF THIS PART; OR KNOWS THAT SUCH  PERSON  IS  AN  INCOMPETENT  OR
 PHYSICALLY  DISABLED  PERSON  AS  DEFINED IN SUBDIVISION FOUR OF SECTION
 260.31 OF THIS PART; and:
   1. thereby obtains goods, money, property or services or  uses  credit
 in the name of such [member of the armed forces] INDIVIDUAL in an aggre-
 gate amount that exceeds five hundred dollars; or
   2.  thereby causes financial loss to such [member of the armed forces]
 INDIVIDUAL in an aggregate amount that exceeds five hundred dollars.
   Aggravated identity theft IN THE FIRST DEGREE is a class D felony.

 S. 2005                            15                            A. 3005
 
   § 6. Paragraph (c) of subdivision 5 of section  156.00  of  the  penal
 law,  as  amended by chapter 558 of the laws of 2006, is amended to read
 as follows:
   (c)  is  not  and is not intended to be available to anyone other than
 the person or persons  rightfully  in  possession  thereof  or  selected
 persons  having  access thereto with his, her or their consent and which
 [accords or may  accord  such  rightful  possessors  an  advantage  over
 competitors  or  other  persons who do not have knowledge or the benefit
 thereof] PERSONS OTHER THAN THOSE RIGHTLY IN POSSESSION, KNOW OR  SHOULD
 KNOW THAT SAID MATERIAL IS NOT INTENDED TO BE AVAILABLE TO THEM.
   §  7.  Subdivision  8  of section 156.00 of the penal law, as added by
 chapter 558 of the laws of 2006, is amended to read as follows:
   8. "Without authorization" means to  use  or  to  access  a  computer,
 computer service or computer network without the permission of the owner
 or lessor or someone licensed or privileged by the owner or lessor where
 such person knew that his or her use or access was without permission or
 after  actual  notice to such person that such use or access was without
 permission. It shall also mean the access of a  computer  service  by  a
 person  without  permission  where such person knew that such access was
 without permission or after actual notice  to  such  person,  that  such
 access  was  without  permission.   FOR PURPOSES OF CRIMINAL PROSECUTION
 UNDER THIS ARTICLE, "WITHOUT AUTHORIZATION" SHALL ALSO  INCLUDE  USE  OR
 ACCESS  EXCEEDING THE SCOPE OF AUTHORIZATION. A PERSON EXCEEDS THE SCOPE
 OF AUTHORIZATION TO USE  OR  ACCESS  A  COMPUTER,  COMPUTER  SERVICE  OR
 COMPUTER  NETWORK  WHEN  SUCH  PERSON  USES  OR  ACCESSES SUCH COMPUTER,
 COMPUTER SERVICE OR COMPUTER NETWORK FOR PURPOSES OTHER THAN  LEGITIMATE
 PURPOSES  FOR  WHICH  SUCH  PERSON HAS PERMISSION TO USE AND ACCESS SUCH
 COMPUTER, COMPUTER SERVICE OR COMPUTER NETWORK.
   § 8. Section 156.20 of the penal law, as amended by chapter 558 of the
 laws of 2006, is amended to read as follows:
 § 156.20 Computer tampering in the [fourth] FIFTH degree.
   A person is guilty of computer tampering in the [fourth] FIFTH  degree
 when he or she uses, causes to be used, or accesses a computer, computer
 service,  or computer network without authorization and he or she inten-
 tionally alters in any manner or destroys computer data  or  a  computer
 program of another person.
   Computer tampering in the [fourth] FIFTH degree is a class A misdemea-
 nor.
   §  9. Section 156.25 of the penal law, as amended by chapter 89 of the
 laws of 1993, subdivision 2 as amended by chapter 376  of  the  laws  of
 1997, is amended to read as follows:
 § 156.25 Computer tampering in the [third] FOURTH degree.
   A  person is guilty of computer tampering in the [third] FOURTH degree
 when he OR SHE commits the crime of computer tampering in  the  [fourth]
 FIFTH degree and:
   1.  he OR SHE does so with an intent to commit or attempt to commit or
 further the commission of any felony; or
   2. he OR SHE has been previously convicted of  any  crime  under  this
 article or subdivision eleven of section 165.15 of this chapter; or
   3.  he  OR SHE intentionally alters in any manner or destroys computer
 material; or
   4. he OR SHE intentionally alters in any manner or  destroys  computer
 data or a computer program so as to cause damages in an aggregate amount
 exceeding one thousand dollars.
   Computer tampering in the [third] FOURTH degree is a class E felony.

 S. 2005                            16                            A. 3005
 
   §  10.  Section  156.26 of the penal law, as amended by chapter 590 of
 the laws of 2008, is amended to read as follows:
 § 156.26 Computer tampering in the [second] THIRD degree.
   A  person is guilty of computer tampering in the [second] THIRD degree
 when he or she commits the crime of computer tampering in  the  [fourth]
 FIFTH  degree  and  he  or  she  intentionally  alters  in any manner or
 destroys:
   1. computer data or a computer program so as to cause  damages  in  an
 aggregate amount exceeding three thousand dollars; or
   2.  computer  material that contains records of the medical history or
 medical treatment of an identified or readily identifiable individual or
 individuals and as a result of  such  alteration  or  destruction,  such
 individual  or individuals suffer serious physical injury, and he or she
 is aware of and consciously disregards a substantial  and  unjustifiable
 risk that such serious physical injury may occur.
   Computer tampering in the [second] THIRD degree is a class D felony.
   §  11.  Section 156.27 of the penal law, as added by chapter 89 of the
 laws of 1993, is amended to read as follows:
 § 156.27 Computer tampering in the [first] SECOND degree.
   A person is guilty of computer tampering in the [first] SECOND  degree
 when  he  commits  the crime of computer tampering in the [fourth] FIFTH
 degree and he intentionally alters in any manner  or  destroys  computer
 data or a computer program so as to cause damages in an aggregate amount
 exceeding fifty thousand dollars.
   Computer tampering in the [first] SECOND degree is a class C felony.
   §  12. The penal law is amended by adding a new section 156.28 to read
 as follows:
 § 156.28 COMPUTER TAMPERING IN THE FIRST DEGREE.
   A PERSON IS GUILTY OF COMPUTER TAMPERING IN THE FIRST DEGREE  WHEN  HE
 OR  SHE  COMMITS THE CRIME OF COMPUTER TAMPERING IN THE FIFTH DEGREE AND
 HE OR SHE INTENTIONALLY ALTERS IN ANY MANNER OR DESTROYS  COMPUTER  DATA
 OR  A COMPUTER PROGRAM AND THEREBY CAUSES DAMAGES IN AN AGGREGATE AMOUNT
 OF ONE MILLION DOLLARS OR MORE.
   COMPUTER TAMPERING IN THE FIRST DEGREE IS A CLASS B FELONY.
   § 13. This act shall  take  effect  on  the  first  of  November  next
 succeeding  the  date  on  which  it  shall have become a law; provided,
 however, that section eleven of this act shall take effect on the  nine-
 tieth day after it shall have become a law.
 
                                  PART D
 
   Section  1.  Section 60.45 of the criminal procedure law is amended by
 adding a new subdivision 3 to read as follows:
   3. (A) WHERE A PERSON IS  SUBJECT  TO  CUSTODIAL  INTERROGATION  BY  A
 PUBLIC  SERVANT  AT  A DETENTION FACILITY, THE ENTIRE CUSTODIAL INTERRO-
 GATION, INCLUDING THE GIVING OF ANY REQUIRED ADVICE OF THE RIGHTS OF THE
 INDIVIDUAL BEING QUESTIONED, AND THE WAIVER OF ANY RIGHTS BY  THE  INDI-
 VIDUAL,  SHALL  BE  RECORDED BY AN APPROPRIATE VIDEO RECORDING DEVICE IF
 THE INTERROGATION INVOLVES A CLASS A-1 FELONY,  EXCEPT  ONE  DEFINED  IN
 ARTICLE  TWO HUNDRED TWENTY OF THE PENAL LAW; FELONY OFFENSES DEFINED IN
 SECTION 130.95 AND 130.96 OF THE PENAL LAW; OR A FELONY OFFENSE  DEFINED
 IN  ARTICLE  ONE  HUNDRED  TWENTY-FIVE OR ONE HUNDRED THIRTY OF SUCH LAW
 THAT IS DEFINED AS A CLASS B VIOLENT FELONY OFFENSE IN SECTION 70.02  OF
 THE  PENAL  LAW.  FOR  PURPOSES  OF  THIS PARAGRAPH, THE TERM "DETENTION
 FACILITY" SHALL MEAN A POLICE STATION,  CORRECTIONAL  FACILITY,  HOLDING
 FACILITY  FOR  PRISONERS,  PROSECUTOR'S  OFFICE  OR OTHER FACILITY WHERE

 S. 2005                            17                            A. 3005
 
 PERSONS ARE HELD IN DETENTION IN CONNECTION WITH CRIMINAL  CHARGES  THAT
 HAVE BEEN OR MAY BE FILED AGAINST THEM.
   (B)  NO CONFESSION, ADMISSION OR OTHER STATEMENT SHALL BE SUBJECT TO A
 MOTION TO SUPPRESS PURSUANT TO SUBDIVISION THREE OF  SECTION  710.20  OF
 THIS CHAPTER BASED SOLELY UPON THE FAILURE TO VIDEO RECORD SUCH INTERRO-
 GATION  IN  A  DETENTION  FACILITY  AS  DEFINED IN PARAGRAPH (A) OF THIS
 SUBDIVISION. HOWEVER, WHERE THE PEOPLE OFFER INTO EVIDENCE A CONFESSION,
 ADMISSION OR OTHER STATEMENT MADE BY A PERSON IN CUSTODY WITH RESPECT TO
 HIS OR HER PARTICIPATION OR LACK OF PARTICIPATION IN AN  OFFENSE  SPECI-
 FIED  IN  PARAGRAPH  (A)  OF  THIS  SUBDIVISION, THAT HAS NOT BEEN VIDEO
 RECORDED, THE COURT SHALL CONSIDER THE FAILURE TO RECORD  AS  A  FACTOR,
 BUT  NOT  AS  THE  SOLE FACTOR, IN ACCORDANCE WITH PARAGRAPH (C) OF THIS
 SUBDIVISION IN DETERMINING WHETHER SUCH CONFESSION, ADMISSION  OR  OTHER
 STATEMENT SHALL BE ADMISSIBLE.
   (C)  NOTWITHSTANDING THE REQUIREMENT OF PARAGRAPH (A) OF THIS SUBDIVI-
 SION, UPON A SHOWING OF GOOD CAUSE  BY  THE  PROSECUTOR,  THE  CUSTODIAL
 INTERROGATION NEED NOT BE RECORDED. GOOD CAUSE SHALL INCLUDE, BUT NOT BE
 LIMITED TO:
   (I) IF ELECTRONIC RECORDING EQUIPMENT MALFUNCTIONS.
   (II) IF ELECTRONIC RECORDING EQUIPMENT IS NOT AVAILABLE BECAUSE IT WAS
 OTHERWISE BEING USED.
   (III)  IF  STATEMENTS  ARE  MADE  IN  RESPONSE  TO  QUESTIONS THAT ARE
 ROUTINELY ASKED DURING ARREST PROCESSING.
   (IV) IF THE STATEMENT IS SPONTANEOUSLY MADE BY THE SUSPECT AND NOT  IN
 RESPONSE TO POLICE QUESTIONING.
   (V) IF THE STATEMENT IS MADE DURING AN INTERROGATION THAT IS CONDUCTED
 WHEN THE INTERVIEWER IS UNAWARE THAT A QUALIFYING OFFENSE HAS OCCURRED.
   (VI)  IF THE STATEMENT IS MADE AT A LOCATION OTHER THAN THE "INTERVIEW
 ROOM" BECAUSE THE SUSPECT CANNOT BE BROUGHT  TO  SUCH  ROOM,  E.G.,  THE
 SUSPECT  IS  IN A HOSPITAL OR THE SUSPECT IS OUT OF STATE AND THAT STATE
 IS NOT GOVERNED BY A LAW REQUIRING THE RECORDATION OF AN INTERROGATION.
   (VII) IF THE STATEMENT IS MADE AFTER A SUSPECT HAS REFUSED TO  PARTIC-
 IPATE  IN THE INTERROGATION IF IT IS RECORDED, AND APPROPRIATE EFFORT TO
 DOCUMENT SUCH REFUSAL IS MADE.
   (VIII) IF SUCH STATEMENT IS NOT RECORDED AS A RESULT OF AN INADVERTENT
 ERROR OR OVERSIGHT, NOT THE RESULT OF ANY  INTENTIONAL  CONDUCT  BY  LAW
 ENFORCEMENT PERSONNEL.
   (IX)  IF IT IS LAW ENFORCEMENT'S REASONABLE BELIEF THAT SUCH RECORDING
 WOULD JEOPARDIZE THE SAFETY OF ANY PERSON OR REVEAL THE  IDENTITY  OF  A
 CONFIDENTIAL INFORMANT.
   (X)  IF SUCH STATEMENT IS MADE AT A LOCATION NOT EQUIPPED WITH A VIDEO
 RECORDING DEVICE AND THE REASON  FOR  USING  THAT  LOCATION  IS  NOT  TO
 SUBVERT  THE  INTENT  OF THE LAW. FOR PURPOSES OF THIS SECTION, THE TERM
 "LOCATION" SHALL INCLUDE THOSE LOCATIONS SPECIFIED IN PARAGRAPH  (B)  OF
 SUBDIVISION FOUR OF SECTION 305.2 OF THE FAMILY COURT ACT.
   (D)  IN  THE EVENT THE COURT FINDS THAT THE PEOPLE HAVE NOT SHOWN GOOD
 CAUSE FOR THE NON-RECORDING  OF  THE  CONFESSION,  ADMISSION,  OR  OTHER
 STATEMENT,  BUT  DETERMINES THAT A NON-RECORDED CONFESSION, ADMISSION OR
 OTHER STATEMENT IS NEVERTHELESS ADMISSIBLE BECAUSE  IT  WAS  VOLUNTARILY
 MADE  THEN,  UPON  REQUEST OF THE DEFENDANT, THE COURT MUST INSTRUCT THE
 JURY THAT THE PEOPLE'S FAILURE TO  RECORD  THE  DEFENDANT'S  CONFESSION,
 ADMISSION  OR OTHER STATEMENT AS REQUIRED BY THIS SECTION MAY BE WEIGHED
 AS A FACTOR, BUT NOT AS THE SOLE FACTOR,  IN  DETERMINING  WHETHER  SUCH
 CONFESSION,  ADMISSION  OR  OTHER STATEMENT WAS VOLUNTARILY MADE, OR WAS
 MADE AT ALL.

 S. 2005                            18                            A. 3005
 
   (E) VIDEO RECORDING AS REQUIRED BY THIS SECTION SHALL BE CONDUCTED  IN
 ACCORDANCE  WITH STANDARDS ESTABLISHED BY RULE OF THE DIVISION OF CRIMI-
 NAL JUSTICE SERVICES.
   §  2. Subdivision 3 of section 344.2 of the family court act is renum-
 bered subdivision 4 and a new subdivision 3 is added to read as follows:
   3. WHERE A RESPONDENT IS  SUBJECT  TO  CUSTODIAL  INTERROGATION  BY  A
 PUBLIC  SERVANT  AT  A FACILITY SPECIFIED IN SUBDIVISION FOUR OF SECTION
 305.2 OF THIS ARTICLE, THE ENTIRE CUSTODIAL INTERROGATION, INCLUDING THE
 GIVING OF ANY REQUIRED ADVICE OF THE  RIGHTS  OF  THE  INDIVIDUAL  BEING
 QUESTIONED,  AND  THE  WAIVER  OF ANY RIGHTS BY THE INDIVIDUAL, SHALL BE
 RECORDED AND GOVERNED IN ACCORDANCE WITH THE  PROVISIONS  OF  PARAGRAPHS
 (A),  (B), (C), (D) AND (E) OF SUBDIVISION THREE OF SECTION 60.45 OF THE
 CRIMINAL PROCEDURE LAW.
   § 3. Section 60.25 of the criminal procedure law, subparagraph (ii) of
 paragraph (a) of subdivision 1 as amended by chapter 479 of the laws  of
 1977, is amended to read as follows:
 § 60.25 Rules  of evidence; identification by means of previous recogni-
           tion, in absence of present identification.
   1. In any criminal proceeding in which the defendant's  commission  of
 an  offense is in issue, testimony as provided in subdivision two may be
 given by a witness when:
   (a) Such witness testifies that:
   (i) He OR SHE observed the person claimed by  the  people  to  be  the
 defendant  either at the time and place of the commission of the offense
 or upon some other occasion relevant to the case; and
   (ii) On a subsequent occasion he OR SHE observed, under  circumstances
 consistent  with  such  rights as an accused person may derive under the
 constitution of this state or of the United States, a person  OR,  WHERE
 THE  OBSERVATION  IS  MADE  PURSUANT  TO A BLIND OR BLINDED PROCEDURE AS
 DEFINED IN PARAGRAPH (C) OF THIS SUBDIVISION, A PICTORIAL, PHOTOGRAPHIC,
 ELECTRONIC, FILMED OR VIDEO RECORDED REPRODUCTION OF A PERSON whom he OR
 SHE recognized as the same person whom he OR SHE  had  observed  on  the
 first or incriminating occasion; and
   (iii)  He OR SHE is unable at the proceeding to state, on the basis of
 present recollection, whether or not the  defendant  is  the  person  in
 question; and
   (b)  It  is  established that the defendant is in fact the person whom
 the witness observed and recognized OR  WHOSE  PICTORIAL,  PHOTOGRAPHIC,
 ELECTRONIC,  FILMED  OR VIDEO RECORDED REPRODUCTION THE WITNESS OBSERVED
 AND RECOGNIZED on the second occasion.  Such fact may be established  by
 testimony  of  another  person  or  persons to whom the witness promptly
 declared his OR HER recognition on such occasion AND BY SUCH  PICTORIAL,
 PHOTOGRAPHIC, ELECTRONIC, FILMED OR VIDEO RECORDED REPRODUCTION.
   (C)  FOR  PURPOSES  OF THIS SECTION, A "BLIND OR BLINDED PROCEDURE" IS
 ONE IN WHICH THE WITNESS IDENTIFIES A PERSON IN AN ARRAY  OF  PICTORIAL,
 PHOTOGRAPHIC,  ELECTRONIC,  FILMED OR VIDEO RECORDED REPRODUCTIONS UNDER
 CIRCUMSTANCES WHERE, AT THE TIME THE IDENTIFICATION IS MADE, THE  PUBLIC
 SERVANT  ADMINISTERING SUCH PROCEDURE: (I) DOES NOT KNOW WHICH PERSON IN
 THE ARRAY IS THE SUSPECT, OR (II) DOES NOT KNOW WHERE THE SUSPECT IS  IN
 THE  ARRAY  VIEWED  BY  THE  WITNESS. THE FAILURE OF A PUBLIC SERVANT TO
 FOLLOW SUCH A PROCEDURE SHALL BE ASSESSED SOLELY FOR  PURPOSES  OF  THIS
 ARTICLE  AND  SHALL  RESULT IN THE PRECLUSION OF TESTIMONY REGARDING THE
 IDENTIFICATION PROCEDURE AS EVIDENCE IN CHIEF, BUT SHALL NOT  CONSTITUTE
 A  LEGAL  BASIS TO SUPPRESS EVIDENCE MADE PURSUANT TO SUBDIVISION SIX OF
 SECTION 710.20 OF THIS CHAPTER. THIS ARTICLE NEITHER LIMITS NOR  EXPANDS
 SUBDIVISION SIX OF SECTION 710.20 OF THIS CHAPTER.

 S. 2005                            19                            A. 3005
 
   2.  Under circumstances prescribed in subdivision one OF THIS SECTION,
 such witness may testify at the criminal proceeding that the person whom
 he OR SHE observed and  recognized  OR  WHOSE  PICTORIAL,  PHOTOGRAPHIC,
 ELECTRONIC, FILMED OR VIDEO RECORDED REPRODUCTION HE OR SHE OBSERVED AND
 RECOGNIZED  on  the  second  occasion  is the same person whom he OR SHE
 observed on the  first  or  incriminating  occasion.    Such  testimony,
 together with the evidence that the defendant is in fact the person whom
 the  witness  observed  and recognized OR WHOSE PICTORIAL, PHOTOGRAPHIC,
 ELECTRONIC, FILMED OR VIDEO RECORDED REPRODUCTION HE OR SHE OBSERVED AND
 RECOGNIZED on the second occasion, constitutes evidence in chief.
   § 4. Section 60.30 of the criminal procedure law, as amended by  chap-
 ter 479 of the laws of 1977, is amended to read as follows:
 § 60.30 Rules  of evidence; identification by means of previous recogni-
           tion, in addition to present identification.
   In any criminal proceeding in which the defendant's commission  of  an
 offense is in issue, a witness who testifies that (a) he OR SHE observed
 the  person claimed by the people to be the defendant either at the time
 and place of the commission of the offense or upon some  other  occasion
 relevant  to the case, and (b) on the basis of present recollection, the
 defendant is the person in question and (c) on a subsequent occasion  he
 OR SHE observed the defendant, OR WHERE THE OBSERVATION IS MADE PURSUANT
 TO A BLIND OR BLINDED PROCEDURE, AS DEFINED IN PARAGRAPH (C) OF SUBDIVI-
 SION  ONE  OF  SECTION 60.25 OF THIS ARTICLE, A PICTORIAL, PHOTOGRAPHIC,
 ELECTRONIC, FILMED OR VIDEO  RECORDED  REPRODUCTION  OF  THE  DEFENDANT,
 under circumstances consistent with such rights as an accused person may
 derive under the constitution of this state or of the United States, and
 then  also  recognized  him OR HER OR THE PICTORIAL, PHOTOGRAPHIC, ELEC-
 TRONIC, FILMED OR VIDEO RECORDED REPRODUCTION OF HIM OR HER as the  same
 person  whom  he OR SHE had observed on the first or incriminating occa-
 sion, may, in addition to making an identification of the  defendant  at
 the  criminal  proceeding  on  the  basis of present recollection as the
 person whom he OR SHE observed on the first or  incriminating  occasion,
 also  describe  his  OR  HER  previous  recognition of the defendant and
 testify that the person whom he OR  SHE  observed  OR  WHOSE  PICTORIAL,
 PHOTOGRAPHIC,  ELECTRONIC,  FILMED  OR VIDEO RECORDED REPRODUCTION HE OR
 SHE OBSERVED on such second occasion is the same person whom he  OR  SHE
 had observed on the first or incriminating occasion.  Such testimony AND
 SUCH  PICTORIAL,  PHOTOGRAPHIC,  ELECTRONIC,  FILMED  OR  VIDEO RECORDED
 REPRODUCTION constitutes evidence in chief.
   § 5. Subdivision 6 of section 710.20 of the criminal procedure law, as
 amended by chapter 8 of the laws of 1976 and as  renumbered  by  chapter
 481 of the laws of 1983, is amended to read as follows:
   6.    Consists  of potential testimony regarding an observation of the
 defendant either at the time or place of the commission of  the  offense
 or upon some other occasion relevant to the case, which potential testi-
 mony  would  not be admissible upon the prospective trial of such charge
 owing to an improperly made previous identification of the defendant  OR
 OF  A  PICTORIAL,  PHOTOGRAPHIC,  ELECTRONIC,  FILMED  OR VIDEO RECORDED
 REPRODUCTION OF THE DEFENDANT by the prospective witness.  A CLAIM  THAT
 THE  PREVIOUS  IDENTIFICATION OF THE DEFENDANT OR OF A PICTORIAL, PHOTO-
 GRAPHIC, ELECTRONIC,  FILMED  OR  VIDEO  RECORDED  REPRODUCTION  OF  THE
 DEFENDANT  BY A PROSPECTIVE WITNESS DID NOT COMPLY WITH PARAGRAPH (C) OF
 SUBDIVISION ONE OF SECTION 60.25 OF THIS CHAPTER OR  WITH  THE  PROTOCOL
 PROMULGATED  IN  ACCORDANCE WITH SUBDIVISION TWENTY-ONE OF SECTION EIGHT
 HUNDRED THIRTY-SEVEN OF THE EXECUTIVE LAW SHALL NOT CONSTITUTE  A  LEGAL
 BASIS  TO SUPPRESS EVIDENCE PURSUANT TO THIS SUBDIVISION. A CLAIM THAT A

 S. 2005                            20                            A. 3005
 
 PUBLIC SERVANT FAILED TO COMPLY WITH PARAGRAPH (C) OF SUBDIVISION ONE OF
 SECTION 60.25 OF THIS CHAPTER OR OF SUBDIVISION  TWENTY-ONE  OF  SECTION
 EIGHT HUNDRED THIRTY-SEVEN OF THE EXECUTIVE LAW SHALL NEITHER EXPAND NOR
 LIMIT  THE RIGHTS AN ACCUSED PERSON MAY DERIVE UNDER THE CONSTITUTION OF
 THIS STATE OR OF THE UNITED STATES.
   § 6. Subdivision 1 of section 710.30 of the criminal procedure law, as
 separately amended by chapters 8 and 194 of the laws of 1976, is amended
 to read as follows:
   1. Whenever the people intend to offer at a trial (a)  evidence  of  a
 statement  made  by  a defendant to a public servant, which statement if
 involuntarily made would render the evidence thereof  suppressible  upon
 motion pursuant to subdivision three of section 710.20, or (b) testimony
 regarding an observation of the defendant either at the time or place of
 the  commission  of  the offense or upon some other occasion relevant to
 the case, to be given by a witness who has previously identified him  OR
 HER  OR  A PICTORIAL, PHOTOGRAPHIC, ELECTRONIC, FILMED OR VIDEO RECORDED
 REPRODUCTION OF HIM OR HER as such, they must serve upon the defendant a
 notice of  such  intention,  specifying  the  evidence  intended  to  be
 offered.
   § 7. Section 343.3 of the family court act, as added by chapter 920 of
 the laws of 1982, is amended to read as follows:
   § 343.3. Rules of evidence; identification by means of previous recog-
 nition  in  absence of present identification. 1. In any juvenile delin-
 quency proceeding in which the respondent's commission of a crime is  in
 issue,  testimony  as  provided  in  subdivision  two  may be given by a
 witness when:
   (a) such witness testifies that:
   (i) he OR SHE observed the person claimed by the presentment agency to
 be the respondent either at the time and place of the commission of  the
 crime or upon some other occasion relevant to the case; and
   (ii)  on a subsequent occasion he OR SHE observed, under circumstances
 consistent with such rights as an accused person may  derive  under  the
 constitution  of this state or of the United States, a person, OR, WHERE
 THE OBSERVATION IS MADE PURSUANT TO A  BLIND  OR  BLINDED  PROCEDURE  AS
 DEFINED  HEREIN,  A PICTORIAL, PHOTOGRAPHIC, ELECTRONIC, FILMED OR VIDEO
 RECORDED REPRODUCTION OF A PERSON whom he OR SHE recognized as the  same
 person  whom he OR SHE had observed on the first incriminating occasion;
 and
   (iii) he OR SHE is unable at the proceeding to state, on the basis  of
 present  recollection,  whether  or  not the respondent is the person in
 question; and
   (b) it is established that the respondent is in fact the  person  whom
 the  witness  observed  and recognized OR WHOSE PICTORIAL, PHOTOGRAPHIC,
 ELECTRONIC, FILMED OR VIDEO RECORDED REPRODUCTION THE  WITNESS  OBSERVED
 AND  RECOGNIZED  on the second occasion. Such fact may be established by
 testimony of another person or persons  to  whom  the  witness  promptly
 declared  his OR HER recognition on such occasion AND BY SUCH PICTORIAL,
 PHOTOGRAPHIC, ELECTRONIC, FILMED OR VIDEO RECORDED REPRODUCTION.
   (C) FOR PURPOSES OF THIS SECTION, A "BLIND OR  BLINDED  PROCEDURE"  IS
 ONE  IN  WHICH THE WITNESS IDENTIFIES A PERSON IN AN ARRAY OF PICTORIAL,
 PHOTOGRAPHIC, ELECTRONIC, FILMED OR VIDEO RECORDED  REPRODUCTIONS  UNDER
 CIRCUMSTANCES  WHERE, AT THE TIME THE IDENTIFICATION IS MADE, THE PUBLIC
 SERVANT ADMINISTERING SUCH PROCEDURE: (I) DOES NOT KNOW WHICH PERSON  IN
 THE  ARRAY IS THE SUSPECT, OR (II) DOES NOT KNOW WHERE THE SUSPECT IS IN
 THE ARRAY VIEWED BY THE WITNESS. THE FAILURE  OF  A  PUBLIC  SERVANT  TO
 FOLLOW  SUCH  A  PROCEDURE SHALL BE ASSESSED SOLELY FOR PURPOSES OF THIS

 S. 2005                            21                            A. 3005
 
 ARTICLE AND SHALL RESULT IN THE PRECLUSION OF  TESTIMONY  REGARDING  THE
 IDENTIFICATION  PROCEDURE AS EVIDENCE IN CHIEF, BUT SHALL NOT CONSTITUTE
 A LEGAL BASIS TO SUPPRESS EVIDENCE MADE PURSUANT TO SUBDIVISION  SIX  OF
 SECTION  710.20  OF  THE  CRIMINAL  PROCEDURE  LAW. THIS ARTICLE NEITHER
 LIMITS NOT EXPANDS SUBDIVISION SIX OF SECTION  710.20  OF  THE  CRIMINAL
 PROCEDURE LAW.
   2. Under circumstances prescribed in subdivision one, such witness may
 testify  at  the  proceeding that the person whom he OR SHE observed and
 recognized OR WHOSE PICTORIAL, PHOTOGRAPHIC, ELECTRONIC, FILMED OR VIDEO
 RECORDED REPRODUCTION HE OR SHE OBSERVED AND RECOGNIZED  on  the  second
 occasion  is  the  same  person  whom he OR SHE observed on the first or
 incriminating occasion. Such testimony, together with the evidence  that
 the  respondent  is  in  fact  the  person whom the witness observed and
 recognized OR WHOSE PICTORIAL, PHOTOGRAPHIC, ELECTRONIC, FILMED OR VIDEO
 RECORDED REPRODUCTION HE OR SHE OBSERVED AND RECOGNIZED  on  the  second
 occasion, constitutes evidence in chief.
   § 8. Section 343.4 of the family court act, as added by chapter 920 of
 the laws of 1982, is amended to read as follows:
   § 343.4. Rules of evidence; identification by means of previous recog-
 nition,  in  addition  to present identification. In any juvenile delin-
 quency proceeding in which the respondent's commission of a crime is  in
 issue,  a  witness who testifies that: (a) he OR SHE observed the person
 claimed by the presentment agency to be the  respondent  either  at  the
 time  and  place of the commission of the crime or upon some other occa-
 sion relevant to the case, and (b) on the basis of present recollection,
 the respondent is the person in question, and (c) on a subsequent  occa-
 sion  he  OR  SHE  observed the respondent, OR, WHERE THE OBSERVATION IS
 MADE PURSUANT TO A BLIND OR BLINDED PROCEDURE, A PICTORIAL,  PHOTOGRAPH-
 IC,  ELECTRONIC, FILMED OR VIDEO RECORDED REPRODUCTION OF THE RESPONDENT
 under circumstances consistent with such rights as an accused person may
 derive under the constitution of this state or of the United States, and
 then also recognized him OR HER OR THE  PICTORIAL,  PHOTOGRAPHIC,  ELEC-
 TRONIC,  FILMED OR VIDEO RECORDED REPRODUCTION OF HIM OR HER as the same
 person whom he OR SHE had observed on the first or  incriminating  occa-
 sion,  may, in addition to making an identification of the respondent at
 the delinquency proceeding on the basis of present recollection  as  the
 person  whom  he OR SHE observed on the first or incriminating occasion,
 also describe his OR HER previous  recognition  of  the  respondent  and
 testify  that  the  person  whom  he OR SHE observed OR WHOSE PICTORIAL,
 PHOTOGRAPHIC, ELECTRONIC, FILMED OR VIDEO RECORDED  REPRODUCTION  HE  OR
 SHE  OBSERVED  on such second occasion is the same person whom he OR SHE
 had observed on the first or incriminating occasion. Such testimony  AND
 SUCH  PICTORIAL,  PHOTOGRAPHIC,  ELECTRONIC,  FILMED  OR  VIDEO RECORDED
 REPRODUCTION  constitutes  evidence  in  chief.  FOR  PURPOSES  OF  THIS
 SECTION, A "BLIND OR BLINDED PROCEDURE" SHALL BE AS DEFINED IN PARAGRAPH
 (C) OF SUBDIVISION ONE OF SECTION 343.3 OF THIS PART.
   §  9.  Section  837  of  the  executive law is amended by adding a new
 subdivision 21 to read as follows:
   21. PROMULGATE A STANDARDIZED AND DETAILED WRITTEN  PROTOCOL  THAT  IS
 GROUNDED  IN  EVIDENCE-BASED PRINCIPLES FOR THE ADMINISTRATION OF PHOTO-
 GRAPHIC ARRAY AND LIVE LINEUP IDENTIFICATION PROCEDURES FOR POLICE AGEN-
 CIES AND STANDARDIZED FORMS FOR USE BY SUCH AGENCIES  IN  THE  REPORTING
 AND  RECORDING  OF  SUCH  IDENTIFICATION  PROCEDURE.  THE PROTOCOL SHALL
 ADDRESS THE FOLLOWING TOPICS:
   (A) THE SELECTION OF PHOTOGRAPHIC ARRAY AND LIVE LINEUP FILLER  PHOTO-
 GRAPHS OR PARTICIPANTS;

 S. 2005                            22                            A. 3005
 
   (B)  INSTRUCTIONS  GIVEN TO A WITNESS BEFORE CONDUCTING A PHOTOGRAPHIC
 ARRAY OR LIVE LINEUP IDENTIFICATION PROCEDURE;
   (C)  THE  DOCUMENTATION  AND PRESERVATION OF RESULTS OF A PHOTOGRAPHIC
 ARRAY OR LIVE LINEUP IDENTIFICATION PROCEDURE;
   (D) PROCEDURES FOR ELICITING AND DOCUMENTING THE WITNESS'S  CONFIDENCE
 IN  HIS  OR  HER  IDENTIFICATION  FOLLOWING A PHOTOGRAPHIC ARRAY OR LIVE
 LINEUP IDENTIFICATION PROCEDURE, IN THE EVENT THAT AN IDENTIFICATION  IS
 MADE; AND
   (E)  PROCEDURES  FOR ADMINISTERING A PHOTOGRAPHIC ARRAY OR LIVE LINEUP
 IDENTIFICATION PROCEDURE IN A MANNER DESIGNED TO  PREVENT  OPPORTUNITIES
 TO INFLUENCE THE WITNESS.
   §  10. Subdivision 4 of section 840 of the executive law is amended by
 adding a new paragraph (c) to read as follows:
   (C) DISSEMINATE THE WRITTEN POLICIES  AND  PROCEDURES  PROMULGATED  IN
 ACCORDANCE  WITH SUBDIVISION TWENTY-ONE OF SECTION EIGHT HUNDRED THIRTY-
 SEVEN OF THIS ARTICLE TO ALL POLICE DEPARTMENTS IN THIS STATE AND IMPLE-
 MENT A TRAINING PROGRAM FOR ALL CURRENT AND NEW POLICE OFFICERS  REGARD-
 ING   THE   POLICIES   AND   PROCEDURES  ESTABLISHED  PURSUANT  TO  SUCH
 SUBDIVISION.
   § 11. Section 722-e of the county law, as added by chapter 878 of  the
 laws of 1965, is amended to read as follows:
   §  722-e.  Expenses.  All  expenses for providing counsel and services
 other than counsel hereunder shall be a county charge or in the case  of
 a county wholly located within a city a city charge to be paid out of an
 appropriation for such purposes.  PROVIDED, HOWEVER, THAT ANY SUCH ADDI-
 TIONAL  EXPENSES INCURRED FOR THE PROVISION OF COUNSEL AND SERVICES AS A
 RESULT OF THE IMPLEMENTATION OF A PLAN ESTABLISHED PURSUANT TO  SUBDIVI-
 SION  FOUR  OF  SECTION  EIGHT  HUNDRED THIRTY-TWO OF THE EXECUTIVE LAW,
 INCLUDING ANY INTERIM STEPS TAKEN TO IMPLEMENT SUCH PLAN, SHALL BE REIM-
 BURSED BY THE STATE TO THE COUNTY OR CITY PROVIDING SUCH  SERVICES.  THE
 STATE  SHALL  APPROPRIATE FUNDS SUFFICIENT TO PROVIDE FOR THE REIMBURSE-
 MENT REQUIRED BY THIS SECTION.
   § 12. Section 832 of the executive law is  amended  by  adding  a  new
 subdivision 4 to read as follows:
   4.  ADDITIONAL  DUTIES  AND  RESPONSIBILITIES.    THE OFFICE SHALL, IN
 CONSULTATION WITH THE INDIGENT LEGAL SERVICES BOARD ESTABLISHED PURSUANT
 TO SECTION EIGHT HUNDRED THIRTY-THREE OF THIS ARTICLE, HAVE THE  FOLLOW-
 ING DUTIES AND RESPONSIBILITIES, AND ANY PLAN DEVELOPED PURSUANT TO THIS
 SUBDIVISION  SHALL  BE  SUBJECT  TO  THE APPROVAL OF THE DIRECTOR OF THE
 DIVISION OF THE BUDGET:
   (A) COUNSEL AT ARRAIGNMENT. DEVELOP AND IMPLEMENT A  WRITTEN  PLAN  TO
 ENSURE  THAT EACH CRIMINAL DEFENDANT WHO IS ELIGIBLE FOR PUBLICLY FUNDED
 LEGAL REPRESENTATION IS REPRESENTED BY COUNSEL IN PERSON AT HIS  OR  HER
 ARRAIGNMENT;  PROVIDED,  HOWEVER, THAT A TIMELY ARRAIGNMENT WITH COUNSEL
 SHALL NOT BE DELAYED PENDING A DETERMINATION OF A DEFENDANT'S  ELIGIBIL-
 ITY.
   (I)  FOR  THE PURPOSES OF THE PLAN DEVELOPED PURSUANT TO THIS SUBDIVI-
 SION, THE TERM "ARRAIGNMENT" SHALL MEAN THE FIRST APPEARANCE BY A PERSON
 CHARGED WITH A CRIME BEFORE A JUDGE OR MAGISTRATE, WITH THE EXCEPTION OF
 AN APPEARANCE WHERE NO PROSECUTOR APPEARS AND  NO  ACTION  OCCURS  OTHER
 THAN  THE  ADJOURNMENT  OF  THE  CRIMINAL  PROCESS AND THE UNCONDITIONAL
 RELEASE OF THE PERSON CHARGED (IN WHICH EVENT "ARRAIGNMENT"  SHALL  MEAN
 THE PERSON'S NEXT APPEARANCE BEFORE A JUDGE OR MAGISTRATE).
   (II)  THE WRITTEN PLAN DEVELOPED PURSUANT TO THIS SUBDIVISION SHALL BE
 COMPLETED BY DECEMBER FIRST, TWO THOUSAND SEVENTEEN  AND  SHALL  INCLUDE

 S. 2005                            23                            A. 3005
 
 INTERIM  STEPS  FOR  EACH  COUNTY AND THE CITY OF NEW YORK FOR ACHIEVING
 COMPLIANCE WITH THE PLAN.
   (III) EACH COUNTY AND THE CITY OF NEW YORK SHALL, IN CONSULTATION WITH
 THE  OFFICE, UNDERTAKE GOOD FAITH EFFORTS TO IMPLEMENT THE PLAN BY APRIL
 FIRST, TWO THOUSAND TWENTY-THREE.  PURSUANT  TO  SECTION  SEVEN  HUNDRED
 TWENTY-TWO-E  OF  THE  COUNTY LAW, THE STATE SHALL REIMBURSE EACH COUNTY
 AND THE CITY OF NEW YORK FOR ANY COSTS INCURRED AS A  RESULT  OF  IMPLE-
 MENTING SUCH PLAN.
   (IV)  THE  OFFICE SHALL, ON AN ONGOING BASIS, MONITOR AND PERIODICALLY
 REPORT ON THE IMPLEMENTATION OF, AND COMPLIANCE WITH, THE PLAN  IN  EACH
 COUNTY AND THE CITY OF NEW YORK.
   (B)  CASELOAD RELIEF. DEVELOP AND IMPLEMENT A WRITTEN PLAN THAT ESTAB-
 LISHES  NUMERICAL  CASELOAD/WORKLOAD  STANDARDS  FOR  EACH  PROVIDER  OF
 CONSTITUTIONALLY  MANDATED  PUBLICLY  FUNDED  REPRESENTATION IN CRIMINAL
 CASES FOR PEOPLE WHO ARE UNABLE TO AFFORD COUNSEL.
   (I) SUCH STANDARDS SHALL APPLY TO ALL PROVIDERS WHETHER PUBLIC  DEFEN-
 DER, LEGAL AID SOCIETY, ASSIGNED COUNSEL PROGRAM OR CONFLICT DEFENDER IN
 EACH COUNTY AND THE CITY OF NEW YORK.
   (II)  THE WRITTEN PLAN DEVELOPED PURSUANT TO THIS SUBDIVISION SHALL BE
 COMPLETED BY DECEMBER FIRST, TWO THOUSAND SEVENTEEN  AND  SHALL  INCLUDE
 INTERIM  STEPS  FOR  EACH  COUNTY AND THE CITY OF NEW YORK FOR ACHIEVING
 COMPLIANCE WITH THE PLAN. SUCH PLAN SHALL INCLUDE THE NUMBER  OF  ATTOR-
 NEYS,  INVESTIGATORS  AND  OTHER  NON-ATTORNEY  STAFF  AND THE AMOUNT OF
 IN-KIND RESOURCES NECESSARY FOR EACH PROVIDER OF MANDATED REPRESENTATION
 TO IMPLEMENT SUCH PLAN.
   (III) EACH COUNTY AND THE CITY OF NEW   YORK  SHALL,  IN  CONSULTATION
 WITH   THE  OFFICE,  UNDERTAKE  GOOD  FAITH  EFFORTS  TO  IMPLEMENT  THE
 CASELOAD/WORKLOAD STANDARDS AND SUCH STANDARDS  SHALL  BE  FULLY  IMPLE-
 MENTED  AND  ADHERED TO IN EACH COUNTY AND THE CITY OF NEW YORK BY APRIL
 FIRST, TWO THOUSAND TWENTY-THREE.  PURSUANT  TO  SECTION  SEVEN  HUNDRED
 TWENTY-TWO-E  OF  THE  COUNTY LAW, THE STATE SHALL REIMBURSE EACH COUNTY
 AND THE CITY OF NEW YORK FOR ANY COSTS INCURRED AS A  RESULT  OF  IMPLE-
 MENTING SUCH PLAN.
   (IV)  THE  OFFICE SHALL, ON AN ONGOING BASIS, MONITOR AND PERIODICALLY
 REPORT ON THE IMPLEMENTATION OF, AND COMPLIANCE WITH, THE PLAN  IN  EACH
 COUNTY AND THE CITY OF NEW YORK.
   (C) INITIATIVES TO IMPROVE THE QUALITY OF INDIGENT DEFENSE. (I) DEVEL-
 OP  AND  IMPLEMENT  A  WRITTEN  PLAN TO IMPROVE THE QUALITY OF CONSTITU-
 TIONALLY MANDATED PUBLICLY FUNDED REPRESENTATION IN CRIMINAL  CASES  FOR
 PEOPLE  WHO  ARE  UNABLE  TO  AFFORD  COUNSEL  AND ENSURE THAT ATTORNEYS
 PROVIDING SUCH REPRESENTATION: (A)  RECEIVE  EFFECTIVE  SUPERVISION  AND
 TRAINING;  (B)  HAVE  ACCESS TO AND APPROPRIATELY UTILIZE INVESTIGATORS,
 INTERPRETERS AND EXPERT WITNESSES ON BEHALF OF CLIENTS; (C)  COMMUNICATE
 EFFECTIVELY  WITH  THEIR  CLIENTS; (D) HAVE THE NECESSARY QUALIFICATIONS
 AND EXPERIENCE; AND (E) IN THE CASE OF ASSIGNED COUNSEL  ATTORNEYS,  ARE
 ASSIGNED  TO  CASES  IN ACCORDANCE WITH ARTICLE EIGHTEEN-B OF THE COUNTY
 LAW AND IN A MANNER THAT ACCOUNTS FOR THE ATTORNEY'S LEVEL OF EXPERIENCE
 AND CASELOAD/WORKLOAD.
   (II) THE OFFICE SHALL, ON AN ONGOING BASIS, MONITOR  AND  PERIODICALLY
 REPORT  ON  THE IMPLEMENTATION OF, AND COMPLIANCE WITH, THE PLAN IN EACH
 COUNTY AND THE CITY OF NEW YORK.
   (III) THE WRITTEN PLAN DEVELOPED PURSUANT TO THIS SUBDIVISION SHALL BE
 COMPLETED BY DECEMBER FIRST, TWO THOUSAND SEVENTEEN  AND  SHALL  INCLUDE
 INTERIM  STEPS  FOR  EACH  COUNTY AND THE CITY OF NEW YORK FOR ACHIEVING
 COMPLIANCE WITH THE PLAN.

 S. 2005                            24                            A. 3005
 
   (IV) EACH COUNTY AND THE CITY OF NEW YORK SHALL, IN CONSULTATION  WITH
 THE OFFICE, UNDERTAKE GOOD FAITH EFFORTS TO IMPLEMENT THE INITIATIVES TO
 IMPROVE  THE  QUALITY  OF INDIGENT DEFENSE AND SUCH INITIATIVES SHALL BE
 FULLY IMPLEMENTED AND ADHERED TO IN EACH COUNTY AND THE CITY OF NEW YORK
 BY  APRIL  FIRST,  TWO  THOUSAND TWENTY-THREE. PURSUANT TO SECTION SEVEN
 HUNDRED TWENTY-TWO-E OF THE COUNTY LAW, THE STATE SHALL  REIMBURSE  EACH
 COUNTY  AND  THE  CITY OF NEW YORK FOR ANY COSTS INCURRED AS A RESULT OF
 IMPLEMENTING SUCH PLAN.
   (D) APPROPRIATION OF FUNDS. IN NO EVENT SHALL A COUNTY AND A  CITY  OF
 NEW  YORK  BE  OBLIGATED TO UNDERTAKE ANY STEPS TO IMPLEMENT THE WRITTEN
 PLANS UNDER PARAGRAPHS (A), (B) AND (C) OF THIS SUBDIVISION UNTIL  FUNDS
 HAVE BEEN APPROPRIATED BY THE STATE FOR SUCH PURPOSE.
   Section  13.  Section  14  of part J of chapter 62 of the laws of 2003
 amending the county law and other laws relating to  fees  collected,  as
 amended  by  section  7  of part K of chapter 56 of the laws of 2010, is
 amended to read as follows:
   § 14. Notwithstanding the provisions of any other  law:  (a)  the  fee
 collected  by  the  office  of court administration for the provision of
 criminal history searches and other searches  for  data  kept  electron-
 ically by the unified court system shall be [sixty-five] EIGHTY dollars;
 (b)  [thirty-five]  FIFTY  dollars  of  each such fee collected shall be
 deposited in the indigent legal services  fund  established  by  section
 98-b  of  the state finance law, as added by section twelve of this act,
 (c) nine dollars of each such fee collected shall be  deposited  in  the
 legal  services assistance fund established by section 98-c of the state
 finance law, as added by section  nineteen  of  this  act,  (d)  sixteen
 dollars  of  each such fee collected shall be deposited to the judiciary
 data processing offset fund established by section  94-b  of  the  state
 finance  law,  and  (e)  the remainder shall be deposited in the general
 fund.
   § 14. Subdivision 4 of section 468-a of the judiciary law, as  amended
 by  section 9 of part K of chapter 56 of the laws of 2010, is amended to
 read as follows:
   4. The biennial registration fee shall be [three] FOUR hundred [seven-
 ty-five] TWENTY-FIVE dollars, sixty dollars of which shall be  allocated
 to  and be deposited in a fund established pursuant to the provisions of
 section ninety-seven-t of the state finance  law,  [fifty]  ONE  HUNDRED
 dollars  of which shall be allocated to and shall be deposited in a fund
 established pursuant to the provisions of section ninety-eight-b of  the
 state finance law, twenty-five dollars of which shall be allocated to be
 deposited  in  a  fund established pursuant to the provisions of section
 ninety-eight-c of the state finance law,  and  the  remainder  of  which
 shall  be  deposited  in  the attorney licensing fund. Such fee shall be
 required of every attorney who is admitted and licensed to practice  law
 in this state, whether or not the attorney is engaged in the practice of
 law  in  this  state  or  elsewhere, except attorneys who certify to the
 chief administrator of the courts that they have retired from the  prac-
 tice of law.
   §  15.  Subparagraphs (i) and (iv) of paragraph (j-1) of subdivision 2
 of section 503 of the vehicle  and  traffic  law,  subparagraph  (i)  as
 amended by section 3 and subparagraph (iv) as added by section 4 of part
 PP of chapter 59 of the laws of 2009, are amended to read as follows:
   (i)  When a license issued pursuant to this article, or a privilege of
 operating a motor vehicle or of  obtaining  such  a  license,  has  been
 suspended  based  upon  a  failure  to  answer an appearance ticket or a
 summons or failure to pay a fine, penalty or mandatory surcharge, pursu-

 S. 2005                            25                            A. 3005
 
 ant to subdivision three of section two hundred twenty-six,  subdivision
 four  of section two hundred twenty-seven, subdivision four-a of section
 five hundred ten or subdivision five-a of section eighteen hundred  nine
 of  this  chapter, such suspension shall remain in effect until a termi-
 nation of a suspension fee of [seventy] ONE HUNDRED FIVE dollars is paid
 to the court or tribunal that initiated the suspension of  such  license
 or  privilege.  In  no event may the aggregate of the fees imposed by an
 individual court pursuant to this paragraph for the termination  of  all
 suspensions  that  may  be terminated as a result of a person's answers,
 appearances or payments made in such cases pending before such  individ-
 ual  court  exceed  four hundred dollars. For the purposes of this para-
 graph, the various locations of the administrative tribunal  established
 under  article  two-A  of this chapter shall be considered an individual
 court.
   (iv) Notwithstanding any other provision  of  this  paragraph,  [fifty
 percent]  ONE-THIRD  of THE VALUE OF all fees collected pursuant to this
 paragraph shall be deposited to the credit of the general fund.
   § 16. This act shall take effect immediately; provided, however,  that
 sections  one  and  two  of this act shall take effect April 1, 2018 and
 shall apply to confessions, admissions or statements made  on  or  after
 such  effective  date;  provided,  further sections three through ten of
 this act shall take effect July 1, 2017.
 
                                  PART E
 
   Section 1. Subdivision 2 of section 112  of  the  correction  law,  as
 amended  by  section 19 of subpart A of part C of chapter 62 of the laws
 of 2011, is amended to read as follows:
   2. The commissioner SHALL HAVE THE POWER AND DUTY OF  DETERMINING  THE
 CONDITIONS  OF  RELEASE  OF  PERSONS  WHO MAY BE PRESUMPTIVELY RELEASED,
 CONDITIONALLY RELEASED OR SUBJECT TO A  PERIOD  OF  POST-RELEASE  SUPER-
 VISION  UNDER  AN INDETERMINATE OR DETERMINATE SENTENCE OF IMPRISONMENT,
 OTHER THAN PERSONS WHO HAVE BEEN GRANTED PAROLE BY THE BOARD  OF  PAROLE
 PURSUANT  TO  SUBDIVISION TWO OF SECTION TWO HUNDRED FIFTY-NINE-I OF THE
 EXECUTIVE LAW, AND shall have the  management  and  control  of  persons
 released  on  community  supervision and of all matters relating to such
 persons' effective reentry into the community, as well as all  contracts
 and  fiscal  concerns thereof. The commissioner shall have the power and
 it shall be his or her duty to inquire into all matters  connected  with
 said  community  supervision. The commissioner shall make such rules and
 regulations, not in conflict with the statutes of this  state,  for  the
 governance  of  the  officers  and  other  employees  of  the department
 assigned to said community supervision, and in regard to the  duties  to
 be  performed  by  them,  as he or she deems proper and shall cause such
 rules and regulations to be  furnished  to  each  employee  assigned  to
 perform  community  supervision. The commissioner shall also prescribe a
 system of accounts and records to be kept, which shall be  uniform.  The
 commissioner  shall  also  make  rules  and  regulations for a record of
 photographs and other means  of  identifying  each  inmate  released  to
 community supervision. The commissioner shall appoint officers and other
 employees of the department who are assigned to perform community super-
 vision.
   §  2.  Subdivision 1 of section 206 of the correction law, as added by
 section 32 of subpart A of part C of chapter 62 of the laws of 2011,  is
 amended to read as follows:

 S. 2005                            26                            A. 3005
 
   1.  All  requests for presumptive release or conditional release shall
 be made in writing on forms prescribed and furnished by the  department.
 Within  one  month from the date any such application is received, if it
 appears that the applicant is eligible for presumptive release or condi-
 tional  release  or will be eligible for such release during such month,
 the conditions of release  shall  be  fixed  in  accordance  with  rules
 prescribed by the [board of parole] COMMISSIONER.  Such conditions shall
 be substantially the same as conditions imposed upon parolees.
   §  3.  Subdivision  3  of  section 70.45 of the penal law, as added by
 chapter 1 of the laws of 1998, is amended to read as follows:
   3. Conditions of post-release supervision. [The] FOR PERSONS WHO  HAVE
 BEEN  GRANTED  PAROLE BY THE BOARD OF PAROLE PURSUANT TO SUBDIVISION TWO
 OF SECTION TWO HUNDRED FIFTY-NINE-I OF THE EXECUTIVE LAW, SUCH board [of
 parole] shall establish and impose  conditions  of  post-release  super-
 vision in the same manner and to the same extent as it may establish and
 impose  conditions in accordance with the executive law upon persons who
 are granted parole [or  conditional  release];  FOR  ALL  OTHER  PERSONS
 RELEASED  TO  POST-RELEASE  SUPERVISION  SAID CONDITIONS SHALL BE ESTAB-
 LISHED AND IMPOSED BY THE  COMMISSIONER  OF  CORRECTIONS  AND  COMMUNITY
 SUPERVISION;  provided that, notwithstanding any other provision of law,
 the board of parole may impose as a  condition  of  post-release  super-
 vision  that for a period not exceeding six months immediately following
 release from the underlying term of imprisonment PURSUANT TO  THE  GRANT
 OF  PAROLE  the person be transferred to and participate in the programs
 of a residential treatment facility as that term is defined in  subdivi-
 sion  six  of  section two of the correction law. [Upon release from the
 underlying term of imprisonment, the person] ALL INDIVIDUALS RELEASED TO
 POST-RELEASE SUPERVISION shall be furnished  with  a  written  statement
 setting  forth  the  conditions of [post-release supervision] RELEASE in
 sufficient detail to provide for the person's conduct and supervision.
   § 4. Subdivision 6 of section 410.91 of the criminal procedure law, as
 amended by section 76 of subpart B of part C of chapter 62 of  the  laws
 of 2011, is amended to read as follows:
   6.  Upon  delivery of the defendant to the reception center, he or she
 shall be given a copy of the conditions of parole by a representative of
 the department  of  corrections  and  community  supervision  and  shall
 acknowledge  receipt  of a copy of the conditions in writing. The condi-
 tions shall be established BY THE COMMISSIONER OF CORRECTIONS AND COMMU-
 NITY SUPERVISION in  accordance  with  [article  twelve-B]  SECTION  ONE
 HUNDRED  TWELVE  of  the  [executive]  CORRECTION law [and the rules and
 regulations of the board of parole].  Thereafter and while  the  parolee
 is participating in the intensive drug treatment program provided at the
 drug  treatment  campus,  the  department  of  corrections and community
 supervision shall assess the parolee's special needs and  shall  develop
 an  intensive  program  of  parole  supervision  that  will  address the
 parolee's substance abuse  history  and  which  shall  include  periodic
 urinalysis testing. Unless inappropriate, such program shall include the
 provision  of  treatment  services  by a community-based substance abuse
 service provider which has a contract with the department of corrections
 and community supervision.
   § 5. Subdivision 2 of section 259-c of the executive law,  as  amended
 by  section  38-b  of  subpart  A of part C of chapter 62 of the laws of
 2011, is amended to read as follows:
   2. have the power and duty of determining the conditions of release of
 the person who [may be presumptively released, conditionally released or
 subject to a period of post-release supervision] HAS BEEN GRANTED PAROLE

 S. 2005                            27                            A. 3005
 
 PURSUANT TO SUBDIVISION TWO OF SECTION TWO HUNDRED FIFTY-NINE-I OF  THIS
 ARTICLE under an indeterminate or determinate sentence of imprisonment;
   § 6. Paragraph (b) of subdivision 5 of section 70.45 of the penal law,
 as  amended by section 127-j of subpart B of part C of chapter 62 of the
 laws of 2011, is amended to read as follows:
   (b) Upon the completion of the period of post-release supervision, the
 running of such sentence or sentences of imprisonment shall  resume  and
 only  then shall the remaining portion of any maximum or aggregate maxi-
 mum term previously held in abeyance be credited with and diminished  by
 such  period  of  post-release  supervision. IN THE EVENT SUCH PERIOD OF
 POST-RELEASE SUPERVISION IS REDUCED PURSUANT TO SUBDIVISION SIX OF  THIS
 SECTION,  THE REMAINING PORTION OF ANY MAXIMUM OR AGGREGATE MAXIMUM TERM
 PREVIOUSLY HELD IN ABEYANCE SHALL BE CREDITED  WITH  AND  DIMINISHED  BY
 SUCH  REDUCED  PERIOD OF POST-RELEASE SUPERVISION. The person shall then
 be under the jurisdiction of the department of corrections and community
 supervision for the remaining portion of such maximum or aggregate maxi-
 mum term.
   § 7. Section 70.45 of the penal law is amended by adding a new  subdi-
 vision 6 to read as follows:
   6.  EARNED  REDUCTION OF POST-RELEASE SUPERVISION.  (A) AFTER A PERIOD
 OF POST-RELEASE SUPERVISION HAS COMMENCED PURSUANT TO PARAGRAPH  (A)  OF
 SUBDIVISION  FIVE OF THIS SECTION, SUCH PERIOD SHALL BE REDUCED BY THREE
 MONTHS UPON THE COMPLETION OF EACH  UNINTERRUPTED  SIX-MONTH  PERIOD  OF
 POST-RELEASE SUPERVISION SERVED THEREAFTER, PROVIDED:
   (I)  THE  PERSON  IS  SUBJECT TO A DETERMINATE SENTENCE IMPOSED FOR AN
 OFFENSE LISTED IN SUBDIVISION ONE OF SECTION 70.02 OF THIS ARTICLE; AND
   (II) THE PERSON IS NOT SUBJECT TO ANY SENTENCE WITH A MAXIMUM TERM  OF
 LIFE  IMPRISONMENT,  OR  ANY  SENTENCE IMPOSED FOR AN OFFENSE DEFINED IN
 ARTICLE ONE HUNDRED THIRTY, TWO HUNDRED SIXTY-THREE, FOUR HUNDRED EIGHT-
 Y-FIVE OR FOUR HUNDRED NINETY OF THIS TITLE, OR AN ATTEMPT OR A CONSPIR-
 ACY TO COMMIT ANY SUCH OFFENSE; AND
   (III) THE PERSON IS AT LIBERTY DURING THE ENTIRE SIX-MONTH PERIOD  AND
 IS NOT DECLARED DELINQUENT BY THE DEPARTMENT OF CORRECTIONS AND COMMUNI-
 TY SUPERVISION AS OF A DATE WITHIN SAID SIX-MONTH PERIOD.
   (B) NO REDUCTION SHALL BE GRANTED PURSUANT TO THIS SUBDIVISION FOR:
   (I) THE SERVICE OF LESS THAN AN UNINTERRUPTED SIX-MONTH PERIOD; OR
   (II)  THE  SIX MONTHS IMMEDIATELY PRECEDING THE COMPLETION OF A PERIOD
 OF POST-RELEASE SUPERVISION.
   (C) THE SIX-MONTH PERIOD SHALL  NOT COMMENCE OR CONTINUE TO RUN  WHILE
 THE  PERSON  IS IN CUSTODY FOR ANY REASON. NO REDUCTION SHALL BE GRANTED
 FOR THE PERIOD BETWEEN THE COMMENCEMENT OF THE SIX-MONTH  PERIOD AND THE
 DATE ON WHICH THE PERSON WAS TAKEN INTO CUSTODY IF SUCH PERIOD WAS  LESS
 THAN  SIX  MONTHS.  IN  SUCH  CASE,  THE NEXT SIX-MONTH PERIOD SHALL NOT
 COMMENCE UNTIL THE PERSON'S NEXT RELEASE FROM CUSTODY.
   (D) A DECLARATION OF DELINQUENCY SHALL INTERRUPT THE  RUNNING  OF  THE
 SIX-MONTH  PERIOD  RETROACTIVELY  AS  OF  THE  DATE  OF  DELINQUENCY. NO
 REDUCTION SHALL BE GRANTED FOR THE PERIOD BETWEEN  THE  COMMENCEMENT  OF
 THE SIX-MONTH PERIOD AND THE DATE OF DELINQUENCY IF SUCH PERIOD WAS LESS
 THAN  SIX  MONTHS.  IN  SUCH   CASE, THE NEXT SIX-MONTH PERIOD SHALL NOT
 COMMENCE UNTIL THE PERSON'S NEXT RELEASE FROM CUSTODY.
   (E) WHEN A PERSON IS SUBJECT TO MORE THAN ONE PERIOD  OF  POST-RELEASE
 SUPERVISION,  THE  REDUCTION    AUTHORIZED  IN THIS SUBDIVISION SHALL BE
 APPLIED TO EVERY PERIOD OF POST-RELEASE SUPERVISION TO WHICH THE  PERSON
 IS  SUBJECT  AT THE COMMENCEMENT OF THE SIX-MONTH PERIOD. IN THE EVENT A
 PERSON BECOMES SUBJECT TO AN  ADDITIONAL PERIOD OF  POST-RELEASE  SUPER-
 VISION  AFTER  THE  SIX-MONTH  PERIOD OF A PREVIOUSLY IMPOSED PERIOD  OF

 S. 2005                            28                            A. 3005
 
 POST-RELEASE SUPERVISION HAS COMMENCED,  THE  SIX-MONTH  PERIOD  OF  THE
 ADDITIONAL PERIOD OF POST-RELEASE SUPERVISION SHALL COMMENCE AS PROVIDED
 IN PARAGRAPH (A) OF THIS SUBDIVISION.
   (F)  THE  REDUCTION  APPLIED  TO  A PERIOD OF POST-RELEASE SUPERVISION
 PURSUANT TO THIS SUBDIVISION SHALL NOT BE APPLIED TO ANY OTHER PERIOD OF
 POST-RELEASE SUPERVISION, EXCEPT AS  PROVIDED  IN  SUBDIVISION  FIVE  OF
 SECTION 70.30 OF THIS ARTICLE.
   § 8. Paragraph (c) of subdivision 1 of section 803-b of the correction
 law,  as  amended by chapter 412 of the laws of 2010, is amended to read
 as follows:
   (c) "significant programmatic accomplishment" means that the inmate:
   (i) participates in no less than two years of college programming; or
   (ii) obtains a masters of professional studies degree; or
   (iii) successfully participates as an inmate program associate for  no
 less than two years; or
   (iv)  receives  a certification from the state department of labor for
 his or her successful participation in an apprenticeship program; or
   (v) successfully works as an inmate hospice aid for  a  period  of  no
 less than two years; or
   (vi)  successfully  works  in the division of correctional industries'
 optical program for no less than two years and receives a  certification
 as an optician from the American board of opticianry; or
   (vii) receives an asbestos handling certificate from the department of
 labor  upon successful completion of the training program and then works
 in the division of correctional industries' asbestos  abatement  program
 as a hazardous materials removal worker or group leader for no less than
 eighteen months; or
   (viii)  successfully  completes  the  course curriculum and passes the
 minimum competency screening process performance  examination  for  sign
 language  interpreter, and then works as a sign language interpreter for
 deaf inmates for no less than one year; or
   (ix) successfully works in the puppies behind bars program for a peri-
 od of no less than two years; OR
   (X) SUCCESSFULLY PARTICIPATES IN A VOCATIONAL  CULINARY  ARTS  PROGRAM
 FOR  A PERIOD OF NO LESS THAN TWO YEARS AND EARNS A SERVSAFE CERTIFICATE
 THAT IS RECOGNIZED BY THE NATIONAL RESTAURANT ASSOCIATION; OR
   (XI) SUCCESSFULLY COMPLETES THE  FOUR  HUNDRED  NINETY  HOUR  TRAINING
 PROGRAM  WHILE  ASSIGNED  TO A DEPARTMENT OF MOTOR VEHICLES CALL CENTER,
 AND CONTINUES TO WORK AT SUCH CALL CENTER FOR AN  ADDITIONAL  TWENTY-ONE
 MONTHS.
   §  9.  Subdivision  2 of section 60.02 of the penal law, as amended by
 chapter 471 of the laws of 1980, is amended to read as follows:
   (2) If the sentence is to be imposed upon a youthful offender  finding
 which  has  been  substituted for a conviction for any felony, the court
 must impose a sentence authorized to be imposed upon a person  convicted
 of a class E felony [provided, however, that the court must not impose a
 sentence  of  conditional  discharge  or  unconditional discharge if the
 youthful offender finding was substituted for a conviction of  a  felony
 defined  in  article two hundred twenty of this chapter], AS HEREINAFTER
 PROVIDED:
   (A) IF THE YOUTHFUL OFFENDER FINDING  WAS  SUBSTITUTED  FOR  A  FELONY
 DEFINED  IN ARTICLE TWO HUNDRED TWENTY OR TWO HUNDRED TWENTY-ONE OF THIS
 CHAPTER, THEN THE SENTENCE SHALL BE AS AUTHORIZED BY  SECTION  60.04  OF
 THIS  ARTICLE  FOR  A  CLASS  E FELONY, AND IF A DETERMINATE SENTENCE OF
 IMPRISONMENT IS IMPOSED, THE CORRESPONDING PERIOD OF POST-RELEASE SUPER-
 VISION PROVIDED FOR THAT CLASS E FELONY BY SECTION 70.45 OF  THIS  TITLE

 S. 2005                            29                            A. 3005
 
 SHALL ALSO BE IMPOSED.  IN ADDITION TO SUCH AUTHORIZED SENTENCES, IF THE
 DEFENDANT MEETS THE REQUIREMENTS OF SUBDIVISION TWO OF SECTION 410.91 OF
 THE  CRIMINAL  PROCEDURE  LAW,  A COURT MAY DIRECT THAT SUCH SENTENCE BE
 EXECUTED  AS A PAROLE SUPERVISION SENTENCE AS DEFINED IN AND PURSUANT TO
 THE PROCEDURES PRESCRIBED BY THAT SECTION.
   (B) IF THE YOUTHFUL OFFENDER FINDING WAS  SUBSTITUTED  FOR  ANY  OTHER
 FELONY,  THEN  THE  SENTENCE  SHALL BE AS AUTHORIZED BY SECTION 60.01 OF
 THIS ARTICLE FOR A SENTENCE UPON A  CONVICTION  OF  A  CLASS  E  FELONY;
 PROVIDED, HOWEVER, THAT IF THE YOUTHFUL OFFENDER FINDING WAS SUBSTITUTED
 FOR  A  VIOLENT  FELONY OFFENSE AS DEFINED IN SUBDIVISION ONE OF SECTION
 70.02 OF THIS TITLE OR FOR A FELONY SEX OFFENSE AS DEFINED IN  PARAGRAPH
 (A)  OF  SUBDIVISION  ONE  OF SECTION 70.80 OF THIS TITLE AND, IN EITHER
 CASE, A SENTENCE OF IMPRISONMENT IN EXCESS OF ONE YEAR IS IMPOSED TO  BE
 SERVED IN A FACILITY OF THE STATE DEPARTMENT OF CORRECTIONS AND COMMUNI-
 TY SUPERVISION, THE SENTENCE SHALL BE THE DETERMINATE SENTENCE OF IMPRI-
 SONMENT  AUTHORIZED  FOR  A CLASS E VIOLENT FELONY OFFENSE OR FELONY SEX
 OFFENSE, AS THE CASE MAY BE, AND THE CORRESPONDING  PERIOD  OF  POST-RE-
 LEASE  SUPERVISION  PROVIDED FOR THAT CLASS E FELONY BY SECTION 70.45 OF
 THIS TITLE.
   § 10. Section 70.00 of the penal law, the section heading  as  amended
 by  chapter 277 of the laws of 1973, subdivision 1 as amended by section
 36 of chapter 7 of the laws of 2007, subdivisions 2, 3 and 4 as  amended
 by  chapter  738  of the laws of 2004, paragraph (a) of subdivision 3 as
 amended by chapter 107 of the laws of 2006, paragraph (b) of subdivision
 3 as amended by chapter 746 of  the  laws  of  2006,  subdivision  5  as
 amended  by chapter 482 of the laws of 2009 and subdivision 6 as amended
 by chapter 1 of the laws of 1998, is amended to read as follows:
 § 70.00 Sentence of imprisonment for felony.
   1. [Indeterminate] UNLESS OTHERWISE AUTHORIZED BY A PROVISION OF ARTI-
 CLE SIXTY OR SEVENTY OF THIS CHAPTER, THE SENTENCE OF IMPRISONMENT FOR A
 FELONY IS AS FOLLOWS:
   (A) CLASS A FELONY  sentence.  Except  as  provided  in  [subdivisions
 four,]  SUBDIVISION  five [and six] of this section [or section 70.80 of
 this article], a sentence of imprisonment for a CLASS  A  felony,  other
 than  a  felony  defined  in  article two hundred twenty [or two hundred
 twenty-one] of this chapter, shall be an  indeterminate  sentence.  When
 such  a  sentence  is  imposed, the court shall impose a maximum term in
 accordance with the provisions of subdivision two of  this  section  and
 the  minimum  period of imprisonment shall be as provided in subdivision
 three of this section.
   (B) CLASS B, C, D OR E FELONY SENTENCE. EXCEPT AS PROVIDED IN SUBDIVI-
 SIONS FOUR AND SIX OF THIS SECTION OR SECTION 70.80 OF THIS  ARTICLE,  A
 SENTENCE  OF  IMPRISONMENT FOR A CLASS B, C, D OR E FELONY, OTHER THAN A
 FELONY DEFINED IN ARTICLE TWO HUNDRED TWENTY OR TWO  HUNDRED  TWENTY-ONE
 OF  THIS  CHAPTER,  SHALL  BE  A DETERMINATE SENTENCE OF IMPRISONMENT IN
 ACCORDANCE WITH THE PROVISIONS OF SUBDIVISION THREE-A OF  THIS  SECTION,
 WHICH  SHALL  INCLUDE,  AS PART THEREOF, A PERIOD OF POST-RELEASE SUPER-
 VISION IN ACCORDANCE WITH THE PROVISIONS OF SECTION 70.45 OF THIS  ARTI-
 CLE.
   2. Maximum INDETERMINATE term of [sentence] IMPRISONMENT FOR A CLASS A
 FELONY.    The maximum term of an indeterminate sentence OF IMPRISONMENT
 FOR A CLASS A FELONY shall be [at least three years and the  term  shall
 be fixed as follows:
   (a)  For  a class A felony,] FIXED BY THE COURT, AND the term shall be
 life imprisonment[;

 S. 2005                            30                            A. 3005

   (b) For a class B felony, the term shall be fixed by  the  court,  and
 shall not exceed twenty-five years;
   (c)  For  a  class C felony, the term shall be fixed by the court, and
 shall not exceed fifteen years;
   (d) For a class D felony, the term shall be fixed by  the  court,  and
 shall not exceed seven years; and
   (e)  For  a  class E felony, the term shall be fixed by the court, and
 shall not exceed four years].
   3. Minimum INDETERMINATE period of imprisonment FOR A CLASS A  FELONY.
 [The  minimum  period  of  imprisonment  under an indeterminate sentence
 shall be at least one year and shall be fixed as follows:]
   (a) In the case of a class A felony, EXCEPT AS SPECIFIED IN  PARAGRAPH
 (B)  OF  THIS  SUBDIVISION,  the minimum period OF IMPRISONMENT shall be
 fixed by the court and specified in the sentence[.] AS FOLLOWS:
   (i) For a class A-I felony, such minimum period shall not be less than
 fifteen years nor more than twenty-five years; provided, however, that:
   (A) where a sentence, other than a sentence of death or life imprison-
 ment without parole, is imposed upon a defendant convicted of murder  in
 the first degree as defined in section 125.27 of this chapter such mini-
 mum period shall be not less than twenty years nor more than twenty-five
 years, and[,]
   (B)  where  a sentence is imposed upon a defendant convicted of murder
 in the second degree as defined in subdivision five of section 125.25 of
 this chapter or convicted of aggravated murder  as  defined  in  section
 125.26  of this chapter, the sentence shall be life imprisonment without
 parole, and[,]
   (C) where  a  sentence  is  imposed  upon  a  defendant  convicted  of
 attempted  murder  in the first degree as defined in article one hundred
 ten of this chapter and subparagraph (i), (ii) or (iii) of paragraph (a)
 of subdivision one and paragraph  (b)  of  subdivision  one  of  section
 125.27  of  this  chapter  or  attempted aggravated murder as defined in
 article one hundred ten of this chapter and section 125.26 of this chap-
 ter such minimum period shall be not less than  twenty  years  nor  more
 than forty years.
   (ii)  For  a  class A-II felony, such minimum period shall not be less
 than three years nor more than eight years four months, except that  for
 the  class A-II felony of predatory sexual assault as defined in section
 130.95 of this chapter or the class  A-II  felony  of  predatory  sexual
 assault  against  a  child as defined in section 130.96 of this chapter,
 such minimum period shall be not less than ten years nor more than twen-
 ty-five years.
   (b) [For any other felony, the minimum period shall be  fixed  by  the
 court  and specified in the sentence and shall be not less than one year
 nor more than one-third of the maximum term imposed] A MINIMUM PERIOD OF
 IMPRISONMENT SHALL NOT BE FIXED BY THE COURT FOR A CLASS A FELONY WHEN A
 SENTENCE OF LIFE IMPRISONMENT WITHOUT PAROLE IS  AUTHORIZED  BY  SECTION
 60.06  OF  THIS TITLE, OR SUBDIVISION FIVE OF THIS SECTION, OR ANY OTHER
 PROVISION OF THIS CHAPTER AND IS IMPOSED.
   3-A. DETERMINATE TERM OF IMPRISONMENT FOR A CLASS B, C, D OR E FELONY.
 (A) THE TERM OF A DETERMINATE SENTENCE OF IMPRISONMENT FOR A CLASS B, C,
 D OR E FELONY DEFINED IN ARTICLE ONE HUNDRED TWENTY-FIVE OF THIS CHAPTER
 SHALL BE FIXED BY THE COURT IN WHOLE OR HALF YEARS AS FOLLOWS:
   (I) FOR A CLASS B FELONY, THE TERM SHALL BE  AT  LEAST  ONE  YEAR  AND
 SHALL NOT EXCEED SIXTEEN YEARS;
   (II)  FOR  A  CLASS  C FELONY, THE TERM SHALL BE AT LEAST ONE YEAR AND
 SHALL NOT EXCEED TWELVE AND ONE-HALF YEARS;

 S. 2005                            31                            A. 3005
 
   (III) FOR A CLASS D FELONY, THE TERM SHALL BE AT LEAST  ONE  YEAR  AND
 SHALL NOT EXCEED EIGHT YEARS; AND
   (IV)  FOR  A  CLASS  E FELONY, THE TERM SHALL BE AT LEAST ONE YEAR AND
 SHALL NOT EXCEED FOUR YEARS.
   (B) THE TERM OF A DETERMINATE SENTENCE OF IMPRISONMENT FOR  ANY  OTHER
 CLASS  B,  C, D OR E FELONY SHALL BE FIXED BY THE COURT IN WHOLE OR HALF
 YEARS AS FOLLOWS:
   (I) FOR A CLASS B FELONY, THE TERM SHALL BE  AT  LEAST  ONE  YEAR  AND
 SHALL NOT EXCEED TWELVE YEARS;
   (II)  FOR  A  CLASS  C FELONY, THE TERM SHALL BE AT LEAST ONE YEAR AND
 SHALL NOT EXCEED SIX YEARS;
   (III) FOR A CLASS D FELONY, THE TERM SHALL BE AT LEAST  ONE  YEAR  AND
 SHALL NOT EXCEED FOUR YEARS; AND
   (IV)  FOR  A  CLASS  E FELONY, THE TERM SHALL BE AT LEAST ONE YEAR AND
 SHALL NOT EXCEED TWO AND ONE-HALF YEARS.
   4. Alternative definite sentence for class C, D and E felonies. When a
 person, other than a second or persistent felony offender, is  sentenced
 for  a  class  C, D or [class] E felony, and the court, having regard to
 the nature and circumstances of the crime and to the history and charac-
 ter of the defendant, is of the opinion that a sentence of  imprisonment
 is  necessary but that it would be unduly harsh to impose [an indetermi-
 nate or] A  determinate  sentence,  the  court  may  impose  a  definite
 sentence of imprisonment and fix a term of one year or less.
   5.  Life  imprisonment  without  parole. (A) Notwithstanding any other
 provision of law, a defendant sentenced  to  life  imprisonment  without
 parole  shall  not  be  or  become  eligible  for  parole or conditional
 release. For purposes of commitment and custody, other than  parole  and
 conditional  release,  such sentence shall be deemed to be an indetermi-
 nate sentence.
   (B) A defendant may be sentenced to life imprisonment  without  parole
 upon  conviction  for the crime of murder in the first degree as defined
 in section 125.27 of this chapter and in accordance with the  procedures
 provided by law for imposing a sentence for such crime.
   (C)  A defendant must be sentenced to life imprisonment without parole
 upon conviction for the crime of terrorism as defined in section  490.25
 of  this chapter, where the specified offense the defendant committed is
 a class A-I felony; the crime of criminal possession of a chemical weap-
 on or biological weapon in the first degree as defined in section 490.45
 of this chapter; or the crime of criminal use of a  chemical  weapon  or
 biological  weapon  in  the first degree as defined in section 490.55 of
 this chapter; provided, however, that nothing in this subdivision  shall
 preclude  or  prevent  a  sentence  of  death when the defendant is also
 convicted of the crime of murder in  the  first  degree  as  defined  in
 section 125.27 of this chapter.
   (D)  A defendant must be sentenced to life imprisonment without parole
 upon conviction for the crime of murder in the second degree as  defined
 in  subdivision  five of section 125.25 of this chapter or for the crime
 of aggravated murder as defined in subdivision one of section 125.26  of
 this chapter.
   (E)  A  defendant may be sentenced to life imprisonment without parole
 upon conviction for the crime of aggravated murder as defined in  subdi-
 vision two of section 125.26 of this chapter.
   6. Determinate sentence FOR CONVICTION OF A VIOLENT FELONY.  Except as
 provided  in  subdivision  four of this section and subdivisions two and
 four of section 70.02 OF THIS ARTICLE, when a person is sentenced  as  a
 violent  felony offender pursuant to section 70.02 OF THIS ARTICLE or as

 S. 2005                            32                            A. 3005
 
 a second violent felony offender pursuant to section 70.04 OF THIS ARTI-
 CLE or as a second felony offender on a conviction for a violent  felony
 offense pursuant to section 70.06 OF THIS ARTICLE, the court must impose
 a determinate sentence of imprisonment in accordance with the provisions
 of  such  sections and such sentence shall include, as a part thereof, a
 period of post-release supervision in accordance with section  70.45  OF
 THIS ARTICLE.
   §  11.  Section 70.06 of the penal law, as added by chapter 277 of the
 laws of 1973, paragraph (a)  of  subdivision  1  and  subdivision  4  as
 amended  by  chapter  410 of the laws of 1979, subparagraph (i) of para-
 graph (b) of subdivision 1 as amended by chapter  784  of  the  laws  of
 1975, subparagraph (iii) of paragraph (b) of subdivision 1 as amended by
 chapter  471  of  the  laws  of 1980, subdivisions 2 and 3 as amended by
 section 38 of chapter 7 of the laws of 2007, paragraph (a)  of  subdivi-
 sion  4  as amended by chapter 107 of the laws of 2006, subdivision 6 as
 added by chapter 3 of the laws of 1995 and subdivision 7 as  amended  by
 section 123 of subpart B of part C of chapter 62 of the laws of 2011, is
 amended to read as follows:
 § 70.06 Sentence of imprisonment for second felony offender.
   1. Definition of second felony offender.
   (a)  A second felony offender is a person, other than a second violent
 felony offender as defined in section 70.04 OF THIS ARTICLE, who  stands
 convicted  of  a  felony defined in this chapter, other than a class A-I
 felony, after having previously been subjected to one or more  predicate
 felony convictions as defined in paragraph (b) of this subdivision.
   (b)  For  the  purpose  of determining whether a prior conviction is a
 predicate felony conviction the following criteria shall apply:
   (i) The conviction must have been in this state of a felony, or in any
 other jurisdiction of an offense for which  a  sentence  to  a  term  of
 imprisonment in excess of one year or a sentence of death was authorized
 and  is  authorized  in this state irrespective of whether such sentence
 was imposed;
   (ii) Sentence upon such prior conviction must have been imposed before
 commission of the present felony;
   (iii) Suspended sentence, suspended execution of sentence, a  sentence
 of  probation,  a  sentence of conditional discharge or of unconditional
 discharge, and a sentence of certification to the care  and  custody  of
 the  division  of  substance  abuse  services,  shall  be deemed to be a
 sentence;
   (iv) Except  as  provided  in  subparagraph  (v)  of  this  paragraph,
 sentence  must  have been imposed not more than ten years before commis-
 sion of the felony of which the defendant presently stands convicted;
   (v) In calculating the ten year period under  subparagraph  (iv),  any
 period  of  time during which the person was incarcerated for any reason
 between the time of commission of the previous felony and  the  time  of
 commission  of  the  present  felony shall be excluded and such ten year
 period shall be extended by a period or periods equal to the time served
 under such incarceration;
   (vi) An offense for which the  defendant  has  been  pardoned  on  the
 ground of innocence shall not be deemed a predicate felony conviction.
   2. UNLESS OTHERWISE AUTHORIZED BY A PROVISION OF THIS ARTICLE OR ARTI-
 CLE  SIXTY  OF  THIS  CHAPTER, THE SENTENCE OF IMPRISONMENT FOR A SECOND
 FELONY OFFENDER SHALL BE AS FOLLOWS:
   (A) Authorized sentence FOR A CLASS A-II FELONY. [Except  as  provided
 in  subdivision  five or six of this section, or as provided in subdivi-
 sion five of section 70.80 of this article, when]  WHEN  the  court  has

 S. 2005                            33                            A. 3005
 
 found,  pursuant to the provisions of the criminal procedure law, that a
 person is a second felony offender the court must impose  an  indetermi-
 nate sentence of imprisonment. The maximum term of such sentence must be
 in  accordance  with the provisions of subdivision three of this section
 and the minimum period of imprisonment under such sentence  must  be  in
 accordance with subdivision four of this section.
   (B)  AUTHORIZED  SENTENCE  FOR  A CLASS B, C, D OR E FELONY. EXCEPT AS
 PROVIDED IN SECTION 70.70 OR SECTION 70.80 OF  THIS  ARTICLE,  WHEN  THE
 COURT  HAS  FOUND,  PURSUANT TO THE PROVISIONS OF THE CRIMINAL PROCEDURE
 LAW, THAT A PERSON IS A SECOND FELONY OFFENDER THE COURT MUST  IMPOSE  A
 DETERMINATE SENTENCE OF IMPRISONMENT IN ACCORDANCE WITH SUBDIVISION FIVE
 OR  SIX  OF  THIS  SECTION  AND  A PERIOD OF POST-RELEASE SUPERVISION AS
 AUTHORIZED BY SECTION 70.45 OF THIS ARTICLE.  THE COURT MAY DIRECT  SUCH
 SENTENCE  BE  EXECUTED  AS  A  PAROLE SUPERVISION SENTENCE TO THE EXTENT
 AUTHORIZED AND PROVIDED FOR BY SUBDIVISION SEVEN OF THIS SECTION. FOR  A
 CLASS  D OR E FELONY SPECIFIED IN SUBDIVISION EIGHT OF THIS SECTION, THE
 COURT MAY, IN LIEU OF A DETERMINATE SENTENCE OF IMPRISONMENT,  IMPOSE  A
 SENTENCE AUTHORIZED BY SUCH SUBDIVISION.
   3.  Maximum  INDETERMINATE term of [sentence] IMPRISONMENT FOR A CLASS
 A-II FELONY. [Except as provided in subdivision  five  or  six  of  this
 section,  or  as  provided  in subdivision five of section 70.80 of this
 article, the] THE maximum term of an indeterminate sentence OF IMPRISON-
 MENT FOR A CLASS A-II FELONY for a second felony offender must be  fixed
 by the court [as follows:
   (a) For a class A-II felony], AND the term must be life imprisonment[;
   (b)  For  a  class  B felony, the term must be at least nine years and
 must not exceed twenty-five years;
   (c) For a class C felony, the term must be at least six years and must
 not exceed fifteen years;
   (d) For a class D felony, the term must be at  least  four  years  and
 must not exceed seven years; and
   (e)  For  a  class E felony, the term must be at least three years and
 must not exceed four years; provided, however, that where  the  sentence
 is  for  the  class E felony offense specified in section 240.32 of this
 chapter, the maximum term must be at least  three  years  and  must  not
 exceed five years].
   4. Minimum INDETERMINATE period of imprisonment FOR A CLASS A-II FELO-
 NY.  [(a)] The minimum period of imprisonment for a second felony offen-
 der  convicted  of  a class A-II felony must be fixed by the court at no
 less than six years and not to exceed twelve and one-half years and must
 be specified in the sentence, except that for the class A-II  felony  of
 predatory sexual assault as defined in section 130.95 of this chapter or
 the  class  A-II  felony  of predatory sexual assault against a child as
 defined in section 130.96 of this chapter, such minimum period shall  be
 not less than ten years nor more than twenty-five years.
   [(b) Except as provided in paragraph (a), the minimum period of impri-
 sonment  under  an  indeterminate  sentence for a second felony offender
 must be fixed by the court at one-half of the maximum term  imposed  and
 must be specified in the sentence.]
   5.  DETERMINATE  TERM  OF  IMPRISONMENT  FOR  A SECOND FELONY OFFENDER
 CONVICTED OF A CLASS B, C, D OR E FELONY NOT DEFINED AS A VIOLENT FELONY
 OFFENSE. (A) WHEN THE COURT HAS FOUND, PURSUANT TO THE PROVISIONS OF THE
 CRIMINAL PROCEDURE LAW, THAT A PERSON IS A SECOND  FELONY  OFFENDER  AND
 THE  SENTENCE  TO  BE  IMPOSED  ON  SUCH  PERSON IS FOR A FELONY OFFENSE
 DEFINED IN ARTICLE ONE HUNDRED TWENTY-FIVE OF THIS CHAPTER, WHICH IS NOT
 DEFINED A VIOLENT FELONY OFFENSE BY SUBDIVISION ONE OF SECTION 70.02  OF

 S. 2005                            34                            A. 3005
 
 THIS  ARTICLE, THE COURT MUST IMPOSE A DETERMINATE SENTENCE OF IMPRISON-
 MENT, THE TERM OF WHICH MUST BE FIXED BY THE COURT AS FOLLOWS:
   (I)  FOR  A CLASS B FELONY OFFENSE, THE TERM MUST BE AT LEAST FOUR AND
 ONE-HALF YEARS AND MUST NOT EXCEED EIGHTEEN YEARS;
   (II) FOR A CLASS C FELONY OFFENSE, THE TERM MUST  BE  AT  LEAST  THREE
 YEARS AND MUST NOT EXCEED FOURTEEN YEARS;
   (III)  FOR  A  CLASS  D  FELONY OFFENSE, THE TERM MUST BE AT LEAST TWO
 YEARS AND MUST NOT EXCEED TEN YEARS; AND
   (IV) FOR A CLASS E FELONY OFFENSE, THE TERM MUST BE AT LEAST  ONE  AND
 ONE-HALF YEARS AND MUST NOT EXCEED FIVE YEARS.
   (B) WHEN THE COURT HAS FOUND, PURSUANT TO THE PROVISIONS OF THE CRIMI-
 NAL  PROCEDURE  LAW,  THAT  A PERSON IS A SECOND FELONY OFFENDER AND THE
 SENTENCE TO BE IMPOSED ON SUCH PERSON IS FOR A FELONY OFFENSE  WHICH  IS
 NOT DEFINED IN ARTICLE ONE HUNDRED TWENTY-FIVE OF THIS CHAPTER AND WHICH
 IS NOT DESIGNATED A VIOLENT FELONY OFFENSE BY SUBDIVISION ONE OF SECTION
 70.02  OF  THIS ARTICLE, THE COURT MUST IMPOSE A DETERMINATE SENTENCE OF
 IMPRISONMENT, THE TERM OF WHICH MUST BE FIXED BY THE COURT AS FOLLOWS:
   (I) FOR A CLASS B FELONY OFFENSE, THE TERM MUST BE AT LEAST  FOUR  AND
 ONE-HALF YEARS AND MUST NOT EXCEED FOURTEEN YEARS;
   (II)  FOR  A  CLASS  C FELONY OFFENSE, THE TERM MUST BE AT LEAST THREE
 YEARS AND MUST NOT EXCEED EIGHT YEARS;
   (III) FOR A CLASS D FELONY OFFENSE, THE TERM  MUST  BE  AT  LEAST  TWO
 YEARS AND MUST NOT EXCEED FIVE YEARS; AND
   (IV)  FOR  A CLASS E FELONY OFFENSE, THE TERM MUST BE AT LEAST ONE AND
 ONE-HALF YEARS AND MUST NOT EXCEED THREE YEARS.
   6. Determinate [sentence]  TERM  OF  IMPRISONMENT  FOR  SECOND  FELONY
 OFFENDER CONVICTED OF A CLASS B, C, D OR E VIOLENT FELONY OFFENSE.  When
 the  court  has found, pursuant to the provisions of the criminal proce-
 dure law, that a person is a second felony offender and the sentence  to
 be imposed on such person is for a violent felony offense, as defined in
 subdivision  one of section 70.02 OF THIS ARTICLE, the court must impose
 a determinate sentence of imprisonment the term of which must  be  fixed
 by the court as follows:
   (a)  For  a  class B violent felony offense, the term must be at least
 eight years and must not exceed twenty-five years;
   (b) For a class C violent felony offense, the term must  be  at  least
 five years and must not exceed fifteen years;
   (c)  For  a  class D violent felony offense, the term must be at least
 three years and must not exceed seven years; and
   (d) For a class E violent felony offense, the term must  be  at  least
 two years and must not exceed four years.
   7. PAROLE SUPERVISION SENTENCE. Notwithstanding any other provision of
 law,  in  the  case  of  a  person  sentenced for a specified offense or
 offenses as defined in subdivision five of section 410.91 of the  crimi-
 nal  procedure law, who stands convicted of no other felony offense, who
 has not previously been convicted of either a violent felony offense  as
 defined  in section 70.02 of this article, a class A felony offense or a
 class B felony offense, and is not under the jurisdiction of or awaiting
 delivery to the department of corrections and community supervision, the
 court may direct that such sentence be executed as a parole  supervision
 sentence  as  defined  in  and  pursuant to the procedures prescribed in
 section 410.91 of the criminal procedure law.
   8. ALTERNATIVE SENTENCE FOR CERTAIN CLASS D OR E FELONY. WHEN A SECOND
 FELONY OFFENDER IS SENTENCED FOR A CLASS D OR CLASS E FELONY, OTHER THAN
 AN OFFENSE DEFINED IN ARTICLE ONE HUNDRED TWENTY-FIVE OF THIS CHAPTER OR
 AN OFFENSE REQUIRING REGISTRATION AS A SEX OFFENDER PURSUANT TO  ARTICLE

 S. 2005                            35                            A. 3005
 
 SIX-C  OF THE CORRECTION LAW, AND THE COURT, HAVING REGARD TO THE NATURE
 AND CIRCUMSTANCES OF THE CRIME AND TO THE HISTORY AND CHARACTER  OF  THE
 DEFENDANT,  IS  OF THE OPINION THAT IT WOULD BE UNDULY HARSH TO IMPOSE A
 DETERMINATE  SENTENCE  OF  IMPRISONMENT, THE COURT MAY IMPOSE A DEFINITE
 SENTENCE OF IMPRISONMENT AND FIX A TERM OF ONE YEAR OR LESS, OR  IT  MAY
 SENTENCE  THE  DEFENDANT  TO  PROBATION  PURSUANT  TO  THE PROVISIONS OF
 SECTION 65.00 OF THIS TITLE, OR IT MAY IMPOSE BOTH A  DEFINITE  SENTENCE
 OF IMPRISONMENT AND A SENTENCE OF PROBATION AS PROVIDED FOR IN PARAGRAPH
 (D) OF SUBDIVISION TWO OF SECTION 60.01 OF THIS TITLE.
   §  12.  Paragraph  (f)  of subdivision 2 of section 70.45 of the penal
 law, as amended by chapter 7 of the laws of 2007, is  amended  and  such
 subdivision  is amended by adding five new paragraphs (g), (h), (i), (j)
 and (k) to read as follows:
   (f) such period shall be not less than two and one-half years nor more
 than five years whenever  a  determinate  sentence  of  imprisonment  is
 imposed  pursuant  to subdivision three of section 70.02 of this article
 upon a conviction of a class B or class C violent felony offense[.];
   (G) SUCH PERIOD SHALL BE NOT LESS THAN ONE YEAR  NOR  MORE  THAN  FIVE
 YEARS  WHENEVER A DETERMINATE SENTENCE OF IMPRISONMENT IS IMPOSED PURSU-
 ANT TO PARAGRAPH (A) OF SUBDIVISION THREE-A OF  SECTION  70.00  OF  THIS
 ARTICLE  OR  PARAGRAPH  (A) OF SUBDIVISION FIVE OF SECTION 70.06 OF THIS
 ARTICLE UPON A CONVICTION OF A CLASS B, C OR D FELONY OFFENSE;
   (H) SUCH PERIOD SHALL BE NOT LESS THAN ONE YEAR NOR  MORE  THAN  THREE
 YEARS  WHENEVER A DETERMINATE SENTENCE OF IMPRISONMENT IS IMPOSED PURSU-
 ANT TO PARAGRAPH (A) OF SUBDIVISION THREE-A OF  SECTION  70.00  OF  THIS
 ARTICLE  OR  PARAGRAPH  (A) OF SUBDIVISION FIVE OF SECTION 70.06 OF THIS
 ARTICLE UPON A CONVICTION OF A CLASS E FELONY OFFENSE;
   (I) SUCH PERIOD SHALL BE NOT LESS THAN ONE YEAR NOR  MORE  THAN  THREE
 YEARS  WHENEVER A DETERMINATE SENTENCE OF IMPRISONMENT IS IMPOSED PURSU-
 ANT TO PARAGRAPH (B) OF SUBDIVISION THREE-A OF  SECTION  70.00  OF  THIS
 ARTICLE  OR  PARAGRAPH  (B) OF SUBDIVISION FIVE OF SECTION 70.06 OF THIS
 ARTICLE UPON A CONVICTION OF A CLASS B OR CLASS C FELONY OFFENSE;
   (J) SUCH PERIOD SHALL BE NOT LESS THAN ONE  YEAR  NOR  MORE  THAN  TWO
 YEARS  WHENEVER A DETERMINATE SENTENCE OF IMPRISONMENT IS IMPOSED PURSU-
 ANT TO PARAGRAPH (B) OF SUBDIVISION THREE-A OF  SECTION  70.00  OF  THIS
 ARTICLE  OR  PARAGRAPH  (B) OF SUBDIVISION FIVE OF SECTION 70.06 OF THIS
 ARTICLE UPON A CONVICTION OF A CLASS D FELONY OFFENSE;
   (K) SUCH PERIOD SHALL BE NOT LESS THAN ONE YEAR WHENEVER A DETERMINATE
 SENTENCE OF IMPRISONMENT IS IMPOSED PURSUANT TO PARAGRAPH (B) OF  SUBDI-
 VISION  THREE-A  OF  SECTION  70.00  OF THIS ARTICLE OR PARAGRAPH (B) OF
 SUBDIVISION FIVE OF SECTION 70.06 OF THIS ARTICLE UPON A CONVICTION OF A
 CLASS E FELONY OFFENSE.
   § 13. Section 105.15 of the penal law, as amended by  chapter  422  of
 the laws of 1978, is amended to read as follows:
 § 105.15 Conspiracy in the second degree.
   A  person  is  guilty  of  conspiracy  in the second degree when, with
 intent that conduct constituting:
   (1) a class A felony DEFINED IN ARTICLE TWO  HUNDRED  TWENTY  OF  THIS
 CHAPTER  be  performed,  he  OR  SHE  agrees with one or more persons to
 engage in or cause the performance of such conduct; OR
   (2) A CLASS A FELONY NOT DEFINED IN ARTICLE TWO HUNDRED TWENTY OF THIS
 CHAPTER BE PERFORMED, HE OR SHE AGREES  WITH  ONE  OR  MORE  PERSONS  TO
 ENGAGE IN OR CAUSE THE PERFORMANCE OF SUCH CONDUCT.
   Conspiracy in the second degree, AS DEFINED IN SUBDIVISION ONE OF THIS
 SECTION, is a class B felony.

 S. 2005                            36                            A. 3005
 
   CONSPIRACY IN THE SECOND DEGREE, AS DEFINED IN SUBDIVISION TWO OF THIS
 SECTION, IS A CLASS C VIOLENT FELONY OFFENSE.
   §  14.  The  closing  paragraph of section 230.32 of the penal law, as
 added by chapter 627 of the laws of 1978, is amended to read as follows:
   Promoting prostitution in the first degree is a  class  [B  felony]  C
 VIOLENT FELONY OFFENSE.
   §  15.  The  closing  paragraph of section 215.13 of the penal law, as
 added by chapter 664 of the laws of 1982, is amended to read as follows:
   Tampering with a witness in the first degree is a class [B  felony]  C
 VIOLENT FELONY OFFENSE.
   §  16.  The  closing  paragraph of section 215.12 of the penal law, as
 added by chapter 664 of the laws of 1982, is amended to read as follows:
   Tampering with a witness in the second degree is a class [D] C felony.
   § 17. The closing paragraph of section 215.16 of  the  penal  law,  as
 added by chapter 667 of the laws of 1985, is amended to read as follows:
   Intimidating a victim or witness in the second degree is a class [D] C
 felony.
   §  18.  The  closing  paragraph of section 215.52 of the penal law, as
 amended by chapter 350 of the laws  of  2006,  is  amended  to  read  as
 follows:
   Aggravated criminal contempt is a class [D] C felony.
   §  19.  The  closing  paragraph of section 215.51 of the penal law, as
 amended by chapter 222 of the laws  of  1994,  is  amended  to  read  as
 follows:
   Criminal contempt in the first degree is a class [E] D felony.
   §  20.  Subdivision 4 of section 60.05 of the penal law, as amended by
 chapter 738 of the laws of 2004, is amended to read as follows:
   4. Certain class C felonies. Except as provided  in  subdivision  six,
 every person convicted of a class C violent felony offense as defined in
 subdivision  one  of  section  70.02 of this title, must be sentenced to
 imprisonment in accordance with section 70.02 of this title; and, except
 as provided in subdivision six of this section, every  person  convicted
 of  the  class C felonies of: attempt to commit any of the class B felo-
 nies of bribery in the first degree as defined in section 200.04,  bribe
 receiving  in  the first degree as defined in section 200.12, conspiracy
 in the second degree as defined in section 105.15 and criminal  mischief
 in  the first degree as defined in section 145.12; criminal usury in the
 first degree as defined in section 190.42, rewarding official misconduct
 in the first degree as defined in section 200.22, receiving  reward  for
 official  misconduct  in  the first degree as defined in section 200.27,
 [attempt to promote prostitution in  the  first  degree  as  defined  in
 section  230.32,] promoting prostitution in the second degree as defined
 in section 230.30, arson in the  third  degree  as  defined  in  section
 150.10  of this chapter, must be sentenced to imprisonment in accordance
 with section 70.00 of this title.
   § 21. Paragraph (b) of subdivision 1 of section  70.02  of  the  penal
 law,  as amended by chapter 1 of the laws of 2013, is amended to read as
 follows:
   (b) Class C violent felony offenses: an attempt to commit any  of  the
 class  B felonies set forth in paragraph (a) of this subdivision; aggra-
 vated criminally negligent homicide as defined in section 125.11, aggra-
 vated manslaughter in the second degree as defined  in  section  125.21,
 aggravated  sexual  abuse  in  the  second  degree as defined in section
 130.67, assault on a peace officer, police officer, fireman or emergency
 medical services professional as defined in section 120.08, assault on a
 judge as defined in section 120.09, gang assault in the second degree as

 S. 2005                            37                            A. 3005
 
 defined in section 120.06, strangulation in the first degree as  defined
 in  section  121.13, burglary in the second degree as defined in section
 140.25, robbery in the second degree as defined in section 160.10, crim-
 inal  possession  of a weapon in the second degree as defined in section
 265.03, criminal use of a firearm in the second  degree  as  defined  in
 section  265.08,  criminal  sale  of  a  firearm in the second degree as
 defined in section 265.12, criminal sale of a firearm with the aid of  a
 minor  as defined in section 265.14, aggravated criminal possession of a
 weapon as defined in section 265.19, soliciting or providing support for
 an act of terrorism in the first degree as defined  in  section  490.15,
 hindering  prosecution  of  terrorism in the second degree as defined in
 section 490.30, [and]  criminal  possession  of  a  chemical  weapon  or
 biological  weapon  in  the  third  degree as defined in section 490.37,
 CONSPIRACY IN THE SECOND DEGREE AS DEFINED IN SUBDIVISION TWO OF SECTION
 105.15, PROMOTING PROSTITUTION IN THE FIRST DEGREE AS DEFINED IN SECTION
 230.32, AND TAMPERING WITH A WITNESS IN THE FIRST DEGREE AS  DEFINED  IN
 SECTION 215.13.
   §  22.  Subdivision  d  of section 74 of chapter 3 of the laws of 1995
 enacting the sentencing reform act of 1995, as amended by section 19  of
 part B of chapter 55 of the laws of 2015, is amended to read as follows:
   [d.  Sections  one-a through twenty, twenty-four through twenty-eight,
 thirty through thirty-nine, forty-two and forty-four of this  act  shall
 be deemed repealed on September 1, 2017;]
   §  23.  This  act  shall  take effect April 1, 2017, provided, however
 sections six and seven of this act shall take effect June 1,  2017;  and
 provided,  further,  that  sections  nine through twenty-two of this act
 shall take effect on the one hundred twentieth day after it  shall  have
 become  a  law  and  shall  apply to offenses committed on or after such
 date.
 
                                  PART F
 
   Section 1. Subdivision 2 of section 216 of the executive law is renum-
 bered subdivision 3 and a new subdivision 2 is added to read as follows:
   2. THERE SHALL BE WITHIN THE BUREAU OF CRIMINAL INVESTIGATION  A  HATE
 CRIME  TASK  FORCE. THE SUPERINTENDENT SHALL ASSIGN TO IT SUCH PERSONNEL
 AS MAY BE REQUIRED FOR THE PURPOSE  OF  PREVENTING,  INVESTIGATING,  AND
 DETECTING HATE CRIMES AS DEFINED IN ARTICLE FOUR HUNDRED EIGHTY-FIVE AND
 SECTIONS  240.30 AND 240.31 OF THE PENAL LAW. THE TASK FORCE SHALL ISSUE
 REPORTS AND PUBLICATIONS, IN CONJUNCTION  WITH  THE  DIVISION  OF  HUMAN
 RIGHTS,  IN ORDER TO: INFORM PERSONS OF ALL RIGHTS AND REMEDIES, INCLUD-
 ING PENALTIES, PROVIDED UNDER ARTICLE FIFTEEN OF THIS CHAPTER AS WELL AS
 ARTICLE FOUR HUNDRED EIGHTY-FIVE AND SECTIONS 240.30 AND 240.31  OF  THE
 PENAL  LAW  AND  TO  COMBAT AGAINST DISCRIMINATION BECAUSE OF AGE, RACE,
 CREED, COLOR, NATIONAL ORIGIN, SEXUAL ORIENTATION, MILITARY STATUS, SEX,
 DISABILITY, FAMILIAL STATUS, DOMESTIC VIOLENCE  VICTIM  STATUS,  GENETIC
 PREDISPOSITION STATUS, OR MARITAL STATUS.
   § 2. The first report issued by the hate crime task force, as required
 in  subdivision  2  of section 216 of the executive law, shall be issued
 within ninety days of the  effective  date  of  this  act.    Subsequent
 reports shall be issued annually thereafter.
   § 3. This act shall take effect immediately.
 
                                  PART G

 S. 2005                            38                            A. 3005
 
   Section 1. Subdivisions 11 and 12 of section 631 of the executive law,
 subdivision  11 as added by chapter 543 of the laws of 1995 and subdivi-
 sion 12 as amended by chapter 188 of the laws of 2014,  are  amended  to
 read as follows:
   11.  Notwithstanding the provisions of subdivisions one, two and three
 of this section, an individual who was a victim of either the crime  of:
 MENACING  IN  THE SECOND DEGREE AS DEFINED IN SUBDIVISION ONE OF SECTION
 120.14 OF THE PENAL LAW; MENACING IN THE  THIRD  DEGREE  AS  DEFINED  IN
 SECTION  120.15  OF  THE  PENAL  LAW; unlawful imprisonment in the first
 degree as defined in section 135.10 of the penal law[,];  kidnapping  in
 the  second  degree  as defined in section 135.20 of the penal law [or];
 kidnapping in the first degree as defined in section 135.25 of the penal
 law; CRIMINAL MISCHIEF IN THE FOURTH DEGREE AS  DEFINED  IN  SUBDIVISION
 FOUR  OF SECTION 145.00 OF THE PENAL LAW; ROBBERY IN THE THIRD DEGREE AS
 DEFINED IN SECTION 160.05 OF THE PENAL LAW; ROBBERY IN THE SECOND DEGREE
 AS DEFINED IN SUBDIVISION ONE, PARAGRAPH B OF SUBDIVISION TWO OR  SUBDI-
 VISION THREE OF SECTION 160.10 OF THE PENAL LAW; OR ROBBERY IN THE FIRST
 DEGREE  AS DEFINED IN SUBDIVISIONS TWO, THREE AND FOUR OF SECTION 160.15
 OF THE PENAL LAW who has not been physically injured as a direct  result
 of  such crime shall only be eligible for an award that includes loss of
 earnings or support and the unreimbursed costs of counseling provided to
 such victim on account of mental or emotional stress resulting from  the
 incident in which the crime occurred.
   12.  Notwithstanding the provisions of subdivisions one, two and three
 of this section, an individual who was a victim of either the  crime  of
 menacing  in the second degree as defined in subdivision two or three of
 section 120.14 of the penal law, menacing in the first degree as defined
 in section 120.13 of the penal law, criminal obstruction of breathing or
 blood circulation as defined in section 121.11 of the penal law, harass-
 ment in the second degree as defined in [subdivision two  or  three  of]
 section  240.26  of  the  penal  law,  harassment in the first degree as
 defined in section 240.25 of the penal law, aggravated harassment in the
 second degree as defined in subdivision THREE OR five of section  240.30
 of  the  penal law, aggravated harassment in the first degree as defined
 in subdivision two of section 240.31 of the penal law, criminal contempt
 in the first degree as defined in [paragraph (ii) or (iv)  of]  subdivi-
 sion  (b)  or  subdivision  (c)  of  section 215.51 of the penal law, or
 stalking in the fourth, third, second or  first  degree  as  defined  in
 sections 120.45, 120.50, 120.55 and 120.60 of the penal law, respective-
 ly,  OR  A  HATE CRIME AS DEFINED IN SECTION 485.05 OF THE PENAL LAW who
 has not been physically injured as a direct result of such  crime  shall
 only  be eligible for an award that includes loss of earning or support,
 the unreimbursed cost of repair or  replacement  of  essential  personal
 property  that has been lost, damaged or destroyed as a direct result of
 such crime, the unreimbursed cost for security devices  to  enhance  the
 personal protection of such victim, transportation expenses incurred for
 necessary  court  expenses  in  connection  with the prosecution of such
 crime, the unreimbursed costs of counseling provided to such  victim  on
 account  of  mental  or  emotional stress resulting from the incident in
 which the crime occurred, THE UNREIMBURSED  COST  OF  SECURING  A  CRIME
 SCENE,  reasonable  relocation  expenses,  and  for  occupational or job
 training.
   § 2. This act shall take effect on the one hundred eightieth day after
 it shall have become law, and apply to all claims filed on or after such
 effective date.

 S. 2005                            39                            A. 3005
 
                                  PART H
 
   Section  1.  Subdivision  5  of  section  621 of the executive law, as
 amended by chapter 74 of the  laws  of  2007,  is  amended  to  read  as
 follows:
   5.  "Victim"  shall  mean  (a)  a person who suffers personal physical
 injury as a direct result of a crime; (b) a person who is the victim  of
 either  the  crime  of  (1) unlawful imprisonment in the first degree as
 defined in section 135.10 of the penal law, (2) kidnapping in the second
 degree as defined in section 135.20 of the penal law, (3) kidnapping  in
 the  first  degree  as  defined  in section 135.25 of the penal law, (4)
 MENACING IN THE FIRST DEGREE AS DEFINED IN SECTION 120.13 OF  THE  PENAL
 LAW,  (5)  CRIMINAL  OBSTRUCTION  OF  BREATHING  OR BLOOD CIRCULATION AS
 DEFINED IN SECTION 121.11 OF THE PENAL LAW, (6) HARASSMENT IN THE SECOND
 DEGREE AS DEFINED IN SUBDIVISION TWO OR THREE OF SECTION 240.26  OF  THE
 PENAL  LAW,  (7)  HARASSMENT  IN  THE FIRST DEGREE AS DEFINED IN SECTION
 240.25 OF THE PENAL LAW, (8) AGGRAVATED HARASSMENT IN THE SECOND  DEGREE
 AS  DEFINED  IN SUBDIVISION FIVE OF SECTION 240.30 OF THE PENAL LAW, (9)
 AGGRAVATED HARASSMENT IN THE FIRST DEGREE AS DEFINED IN SUBDIVISION  TWO
 OF  SECTION 240.31 OF THE PENAL LAW, (10) CRIMINAL CONTEMPT IN THE FIRST
 DEGREE AS DEFINED IN PARAGRAPH (II) OR (IV) OF SUBDIVISION (B) OR SUBDI-
 VISION (C) OF SECTION 215.51 OF THE PENAL  LAW,  (11)  STALKING  IN  THE
 FOURTH,  THIRD,  SECOND  OR  FIRST DEGREE AS DEFINED IN SECTIONS 120.45,
 120.50, 120.55 AND 120.60 OF THE PENAL LAW, (12)  labor  trafficking  as
 defined  in section 135.35 of the penal law, or [(5)] (13) sex traffick-
 ing as defined in section 230.34 of the penal law; A VULNERABLE  ELDERLY
 PERSON  OR  AN  INCOMPETENT  OR PHYSICALLY DISABLED PERSON AS DEFINED IN
 SECTION 260.31 OF THE PENAL LAW WHO INCURS A LOSS OF SAVINGS AS  DEFINED
 IN  SUBDIVISION  TWENTY-FOUR  OF THIS SECTION; or a person who has had a
 frivolous lawsuit filed against them.
   § 2. Section 621 of the executive law  is  amended  by  adding  a  new
 subdivision 24 to read as follows:
   24.  "LOSS  OF  SAVINGS" SHALL MEAN THE RESULT OF ANY ACT OR SERIES OF
 ACTS OF LARCENY AS DEFINED IN ARTICLE  ONE  HUNDRED  FIFTY-FIVE  OF  THE
 PENAL LAW, INDICATED BY A CRIMINAL JUSTICE AGENCY AS DEFINED IN SUBDIVI-
 SION  ONE  OF  SECTION  SIX HUNDRED THIRTY-ONE OF THIS ARTICLE, IN WHICH
 CASH IS STOLEN FROM A VULNERABLE ELDERLY PERSON  OR  AN  INCOMPETENT  OR
 PHYSICALLY  DISABLED  PERSON  AS  DEFINED IN SECTION 260.31 OF THE PENAL
 LAW.
   § 3. Subdivision 2 of section 631 of the executive law, as amended  by
 chapter 162 of the laws of 2008, is amended to read as follows:
   2.  Any  award made pursuant to this article shall be in an amount not
 exceeding  out-of-pocket  expenses,  including  indebtedness  reasonably
 incurred  for  medical  or  other  services necessary as a result of the
 injury upon which the claim  is  based;  loss  of  earnings  or  support
 resulting  from  such injury not to exceed thirty thousand dollars; LOSS
 OF SAVINGS NOT TO EXCEED THIRTY THOUSAND DOLLARS;  burial  expenses  not
 exceeding  six  thousand dollars of a victim who died as a direct result
 of a crime; the costs of crime scene cleanup and  securing  of  a  crime
 scene  not  exceeding twenty-five hundred dollars; reasonable relocation
 expenses not exceeding twenty-five hundred dollars; and the unreimbursed
 cost of repair or replacement of articles of essential personal property
 lost, damaged or destroyed as a direct result of the crime. An award for
 loss of earnings shall include earnings lost by a parent or guardian  as
 a result of the hospitalization of a child victim under age eighteen for
 injuries  sustained  as  a direct result of a crime.  In addition to the

 S. 2005                            40                            A. 3005
 
 medical or other services necessary as a result of the injury upon which
 the claim is based, an award may be made for rehabilitative occupational
 training for the purpose of job retraining or similar employment-orient-
 ed rehabilitative services based upon the claimant's medical and employ-
 ment  history. For the purpose of this subdivision, rehabilitative occu-
 pational training shall  include  but  not  be  limited  to  educational
 training and expenses. An award for rehabilitative occupational training
 may  be made to a victim, or to a family member of a victim where neces-
 sary as a direct result of a crime.
   § 4. Section 631 of the executive law  is  amended  by  adding  a  new
 subdivision 3-a to read as follows:
   3-A. ANY AWARD MADE FOR LOSS OF SAVINGS SHALL, UNLESS REDUCED PURSUANT
 TO OTHER PROVISIONS OF THIS ARTICLE, BE IN AN AMOUNT EQUAL TO THE ACTUAL
 LOSS SUSTAINED.
   §  5.  Subdivision 5 of section 631 of the executive law is amended by
 adding a new paragraph (f) to read as follows:
   (F) NOTWITHSTANDING THE PROVISIONS OF PARAGRAPH (A) OF  THIS  SUBDIVI-
 SION,  THE OFFICE SHALL DISREGARD FOR THIS PURPOSE THE RESPONSIBILITY OF
 THE VICTIM FOR HIS OR HER OWN LOSS OF SAVINGS.
   § 6. Section 631 of the executive law  is  amended  by  adding  a  new
 subdivision 8-a to read as follows:
   8-A.  NOTWITHSTANDING  THE  PROVISIONS  OF  SUBDIVISION  ONE  OF  THIS
 SECTION, A VULNERABLE ELDERLY PERSON OR  AN  INCOMPETENT  OR  PHYSICALLY
 DISABLED  PERSON, AS DEFINED IN SECTION 260.31 OF THE PENAL LAW, WHO HAS
 NOT BEEN PHYSICALLY INJURED AS A DIRECT RESULT  OF  A  CRIME,  SHALL  BE
 ELIGIBLE FOR AN AWARD THAT INCLUDES LOSS OF SAVINGS.
   § 7. This act shall take effect on the one hundred eightieth day after
 it  shall  have  become a law, and shall apply to all claims filed on or
 after such effective date.
 
                                  PART I
 
   Section 1. The executive law is amended by adding a new section  203-a
 to read as follows:
   § 203-A. ADDITIONAL DUTIES OF THE COMMISSIONER REGARDING FLOOD RELATED
 LOSSES.  IN  ACCORDANCE  WITH  44 CFR 75.11 OF THE CODE OF FEDERAL REGU-
 LATIONS, IN THE EVENT THAT STATE-OWNED STRUCTURES AND THEIR CONTENTS ARE
 DAMAGED AS THE RESULT OF  FLOOD  RELATED  LOSSES,  FLOOD,  AND/OR  FLOOD
 RELATED  HAZARDS  OCCURRING IN AREAS IDENTIFIED BY THE FEDERAL INSURANCE
 ADMINISTRATOR AS A, AO, AH,  A1-30,  AE,  AR,  AR/A1-30,  AR/AE,  AR/AO,
 AR/AH,  AR/A, A99, M, V, VO, V1-30, VE, AND E ZONES, THE COMMISSIONER OF
 GENERAL SERVICES SHALL PAY AN AMOUNT NOT LESS THAN THE LIMITS OF  COVER-
 AGE  THAT  WOULD  BE APPLICABLE IF SUCH STATE-OWNED STRUCTURES AND THEIR
 CONTENTS HAD BEEN COVERED  BY  STANDARD  FLOOD  INSURANCE  POLICIES,  AS
 DEFINED  IN  44 CFR 59.1, FOR THE REPAIR, RESTORATION, OR REPLACEMENT OF
 SUCH STATE-OWNED STRUCTURES AND CONTENTS, AND SHALL MAINTAIN AND UPDATE,
 NOT LESS FREQUENTLY THAN  ANNUALLY,  AN  INVENTORY  OF  ALL  STATE-OWNED
 STRUCTURES AND THEIR CONTENTS WITHIN SUCH ZONES.
   § 2. This act shall take effect immediately.
 
                                  PART J
 
   Section  1.  Short  title. This act shall be known and may be cited as
 the "New York Buy American Act".
   § 2. The state finance law is amended by adding a new section 146-a to
 read as follows:

 S. 2005                            41                            A. 3005
 
   § 146-A. AMERICAN MATERIALS.  1. DEFINITIONS. FOR THE PURPOSES OF THIS
 SECTION, THE FOLLOWING TERMS SHALL HAVE THE  FOLLOWING  MEANINGS  UNLESS
 SPECIFIED OTHERWISE:
   (A)  "EXECUTIVE" MEANS THE EXECUTIVE HEAD OF A STATE ENTITY AS DEFINED
 IN PARAGRAPH (H) OF THIS SUBDIVISION.
   (B) "COMPONENT" MEANS ANY ARTICLE, MATERIAL OR SUPPLY,  WHETHER  MANU-
 FACTURED  OR  UNMANUFACTURED, THAT IS DIRECTLY INCORPORATED INTO THE END
 PRODUCT AT THE FINAL ASSEMBLY LOCATION. A COMPONENT MAY BE  MANUFACTURED
 AT  THE  FINAL ASSEMBLY LOCATION IF THE MANUFACTURING PROCESS TO PRODUCE
 THE COMPONENT IS AN ACTIVITY SEPARATE AND DISTINCT FROM THE FINAL ASSEM-
 BLY OF THE END PRODUCT. FOR A COMPONENT TO BE MANUFACTURED  IN  AMERICA,
 MORE THAN SIXTY PERCENT OF THE SUBCOMPONENTS OF THAT COMPONENT, BY COST,
 MUST  BE  OF  DOMESTIC  ORIGIN AND THE MANUFACTURE OF THE COMPONENT MUST
 TAKE PLACE IN THE UNITED STATES. IF A COMPONENT IS DETERMINED TO BE MADE
 IN AMERICA, ITS ENTIRE COST MAY BE USED IN CALCULATING THE COST  OF  THE
 UNITED STATES CONTENT OF AN END PRODUCT.
   (C)  "CONTRACTOR"  SHALL  MEAN  ANY PERSON, FIRM, BUSINESS ENTERPRISE,
 INCLUDING A SOLE PROPRIETORSHIP, PARTNERSHIP, LIMITED LIABILITY  COMPANY
 OR  CORPORATION,  ASSOCIATION,  NOT-FOR-PROFIT CORPORATION, OR ANY OTHER
 PARTY TO A STATE CONTRACT, AS DEFINED IN PARAGRAPH (I) OF THIS  SUBDIVI-
 SION, WITH A STATE ENTITY.
   (D)  "END PRODUCT" OR "PRODUCT" MEANS THE ULTIMATE ITEM OR ITEMS TO BE
 PROCURED UNDER THE STATE CONTRACT (SUCH AS A VEHICLE,  STRUCTURE,  ARTI-
 CLE, MATERIAL, SUPPLY, SYSTEM OR PROJECT) WHICH MAY DIRECTLY INCORPORATE
 CONSTITUENT  COMPONENTS,  AND WHICH IS READY TO PROVIDE ITS INTENDED END
 FUNCTION OR USE WITHOUT FURTHER  MANUFACTURING  OR  ASSEMBLY  CHANGE  OR
 CHANGES.   EXCLUDED FROM THIS DEFINITION ARE (I) STEEL PRODUCTS PROCURED
 IN ACCORDANCE WITH SECTION ONE HUNDRED FORTY-SIX OF THIS  ARTICLE;  (II)
 ENERGY,  ELECTRICITY, FUEL AND OTHER PETROLEUM PRODUCTS; AND (III) SOFT-
 WARE PRODUCTS SUCH AS SOFTWARE, MICROPROCESSORS, COMPUTERS, MICROCOMPUT-
 ERS, AND OTHER SUCH PRODUCTS USED FOR THE PURPOSE OF PROCESSING OR STOR-
 ING DATA.
   (E) "MANUFACTURED PRODUCT" MEANS AN ITEM PRODUCED AS A RESULT  OF  THE
 MANUFACTURING PROCESS.
   (F)  "MANUFACTURING  PROCESS"  MEANS  THE  APPLICATION OF PROCESSES TO
 ALTER THE FORM OR FUNCTION OF MATERIALS OR ELEMENTS OF THE PRODUCT IN  A
 MANNER ADDING VALUE AND TRANSFORMING THOSE MATERIALS OR ELEMENTS SO THAT
 THEY  REPRESENT A NEW END PRODUCT FUNCTIONALLY DIFFERENT FROM THAT WHICH
 WOULD RESULT FROM MERE ASSEMBLY OF THE ELEMENTS OR MATERIALS.
   (G) "MANUFACTURED IN AMERICA", WITH RESPECT TO  AN  END  PRODUCT  THAT
 DIRECTLY INCORPORATES CONSTITUENT COMPONENTS, MEANS:
   (I)  THE  FINAL  ASSEMBLY  AND/OR  MANUFACTURE  OF THE END PRODUCT (AS
 APPLICABLE) TAKES PLACE IN THE UNITED STATES; AND
   (II) MORE THAN SIXTY PERCENT OF THE COMPONENTS OF THE END PRODUCT,  BY
 COST, ARE OF UNITED STATES ORIGIN.
   (III)  "MANUFACTURED  IN  AMERICA",  WITH RESPECT TO THE PURCHASE OF A
 PRODUCT OR MATERIAL  THAT  DOES  NOT  DIRECTLY  INCORPORATE  CONSTITUENT
 COMPONENTS,  MEANS  THE PRODUCT OR MATERIAL IS MINED, GROWN, OR PRODUCED
 IN WHOLE OR IN SUBSTANTIAL PART WITHIN THE UNITED STATES.
   (H) "STATE ENTITY" MEANS A STATE AGENCY AS DEFINED  IN  SECTION  THREE
 HUNDRED TEN OF THE EXECUTIVE LAW.
   (I) "STATE CONTRACT" MEANS:
   (I)  A  WRITTEN  AGREEMENT  IN  EXCESS OF ONE HUNDRED THOUSAND DOLLARS
 WHEREBY A STATE ENTITY IS COMMITTED TO EXPEND OR DOES EXPEND  FUNDS  FOR
 PRODUCTS,  INCLUDING  PRODUCTS  USED  IN  THE  CONSTRUCTION, DEMOLITION,

 S. 2005                            42                            A. 3005

 REPLACEMENT, MAJOR REPAIR OR RENOVATION OF REAL  PROPERTY  AND  IMPROVE-
 MENTS THEREON;
   (II)  LEASES  OF REAL PROPERTY BY A STATE ENTITY TO A LESSEE WHERE THE
 TERMS OF SUCH LEASES PROVIDE FOR THE STATE ENTITY TO BE ENGAGED  IN  THE
 PURCHASE  OF  PRODUCTS  FOR CONSTRUCTION, DEMOLITION, REPLACEMENT, MAJOR
 REPAIR OR RENOVATION OF REAL PROPERTY AND IMPROVEMENTS THEREON, AND  THE
 COST  OF  SUCH  CONSTRUCTION,  DEMOLITION,  REPLACEMENT, MAJOR REPAIR OR
 RENOVATION OF REAL PROPERTY AND IMPROVEMENTS THEREON IS IN EXCESS OF ONE
 HUNDRED THOUSAND DOLLARS.
   (J) "SUBCOMPONENT" IS ANY ARTICLE, MATERIAL, OR SUPPLY, WHETHER  MANU-
 FACTURED OR UNMANUFACTURED, THAT IS ONE STEP REMOVED FROM A COMPONENT IN
 THE  MANUFACTURING  PROCESS  AND  THAT  IS  INCORPORATED DIRECTLY INTO A
 COMPONENT.
   (K) "UNITED STATES" MEANS THE UNITED STATES OF AMERICA,  THE  DISTRICT
 OF  COLUMBIA AND INCLUDES ALL TERRITORY, CONTINENTAL OR INSULAR, SUBJECT
 TO THE JURISDICTION OF THE UNITED STATES.
   2. PROCUREMENTS SUBJECT TO THE PROVISIONS OF THIS  SECTION.  (A)  THIS
 SECTION  SHALL  APPLY  TO ALL STATE CONTRACTS AS DEFINED IN SUBPARAGRAPH
 (I) OF SUBDIVISION ONE OF THIS SECTION AND ALL  REQUESTS  FOR  BIDS  AND
 PROPOSALS  FOR  SUCH  CONTRACTS,  WHICH SHALL STATE THAT A PREFERENCE IS
 GIVEN TO BIDDERS AND PROPOSERS WHO AGREE TO  PROVIDE  PRODUCTS  MANUFAC-
 TURED IN AMERICA, AND BIDDERS AND PROPOSERS, IN THEIR BIDS OR PROPOSALS,
 SHALL: (I) STATE THAT THEY AGREE TO MEET SUCH REQUIREMENT; OR (II) STATE
 IN DETAIL WHY THEY CANNOT MEET SUCH REQUIREMENT.
   (B)  NO BIDDER OR PROPOSER ON A STATE CONTRACT SUBJECT TO THIS SECTION
 SHALL BE DEEMED TO BE THE LOWEST RESPONSIVE AND  RESPONSIBLE  BIDDER  OR
 PROPOSER UNLESS: (I) THE BIDDER OR PROPOSER COMPLIES WITH THE PROVISIONS
 REQUIRED  BY  SUBPARAGRAPH  (I) OF PARAGRAPH (A) OF THIS SUBDIVISION; OR
 (II) THE EXECUTIVE DETERMINES IN ACCORDANCE WITH  SUBDIVISION  THREE  OF
 THIS  SECTION THAT THE PROVISIONS OF THIS SECTION SHALL NOT APPLY TO THE
 SUBJECT PROCUREMENT.
   3. EXEMPTIONS. THIS SECTION SHALL NOT APPLY IN ANY CASE OR CATEGORY OF
 CASES IN WHICH THE EXECUTIVE, OR HIS OR HER DESIGNEE, FINDS  IN  HIS  OR
 HER SOLE DISCRETION THAT:
   (A)  THE  BEST  INTERESTS OF THE STATE WILL BE SERVED BY EXEMPTING THE
 PROCUREMENT FROM THE REQUIREMENTS OF THIS SECTION  BASED  UPON:  (I)  AN
 IMMEDIATE OR EMERGENCY NEED EXISTING FOR THE PRODUCT OR SERVICE; OR (II)
 A NEED TO PROTECT THE HEALTH, SAFETY, OR WELFARE OF PERSONS OCCUPYING OR
 VISITING A PUBLIC IMPROVEMENT OR PROPERTY LOCATED ADJACENT TO THE PUBLIC
 IMPROVEMENT; OR
   (B)  THE  PRODUCT  IS MANUFACTURED IN AMERICA BY ONLY ONE MANUFACTURER
 AND: (I) A FOREIGN-MADE PRODUCT IS LESS EXPENSIVE AND OF EQUAL OR BETTER
 QUALITY OR DESIGN; OR (II) A FOREIGN-MADE PRODUCT IS OF SUPERIOR QUALITY
 OR DESIGN TO COMPETING AMERICAN PRODUCTS AND IS  SOLD  AT  A  REASONABLY
 COMPARABLE PRICE CONSIDERING THE SUPERIOR QUALITY OR DESIGN; OR
   (C)  A RECIPROCAL TRADE AGREEMENT OR TREATY HAS BEEN NEGOTIATED BY THE
 STATE OR BY THE UNITED STATES GOVERNMENT ON BEHALF OF OR INCLUDING  THIS
 STATE  WITH A FOREIGN NATION OR GOVERNMENT FOR NONDISCRIMINATORY GOVERN-
 MENTAL PROCUREMENT PRACTICES OR POLICIES WITH  SUCH  FOREIGN  NATION  OR
 GOVERNMENT; OR
   (D)  THE STATE CONTRACT IS SUBJECT TO FEDERAL FUNDING AND THE REQUIRE-
 MENTS OF SUCH FEDERAL FUNDING SUPERSEDE THIS SECTION; OR
   (E) THE SPECIFIED PRODUCTS ARE NOT MANUFACTURED IN AMERICA  IN  SUFFI-
 CIENT  QUANTITIES  OR QUALITY TO MEET THE STATE ENTITY'S REQUIREMENTS OR
 CANNOT BE MANUFACTURED IN AMERICA OR WITHIN THE NECESSARY TIME IN SUFFI-

 S. 2005                            43                            A. 3005
 
 CIENT QUANTITIES OR OF SATISFACTORY QUALITY OR DESIGN TO MEET THE  AGEN-
 CY'S REQUIREMENTS; OR
   (F)  OBTAINING  THE  SPECIFIED  PRODUCTS MANUFACTURED IN AMERICA WOULD
 INCREASE THE COST OF THE CONTRACT BY AN UNREASONABLE AMOUNT, AS SUCH  IS
 DETERMINED BY THE EXECUTIVE; OR
   (G)  THE  APPLICATION  OF  THIS SECTION WOULD BE INCONSISTENT WITH THE
 PUBLIC INTEREST; OR
   (H) THE SPECIFIED PRODUCTS ARE  NECESSARY  FOR  THE  OPERATION  OF  OR
 REPAIRS OF CRITICAL INFRASTRUCTURE THAT IS NECESSARY TO AVOID A DELAY IN
 THE  DELIVERY  OF  CRITICAL  SERVICES  THAT  COULD COMPROMISE THE PUBLIC
 WELFARE.
   4. PRODUCT CERTIFICATIONS. (A) PRIOR TO THE CONTRACTOR DELIVERING  THE
 PRODUCT, THE CONTRACTOR MUST CERTIFY IN WRITING TO THE CONTRACTING STATE
 ENTITY  THAT  THE  PRODUCT IS MANUFACTURED IN AMERICA IN ACCORDANCE WITH
 THE REQUIREMENTS OF THIS SECTION, OR IF THE CONTRACTOR CANNOT SO  STATE,
 SHALL  SPECIFY  IN  SUCH  CERTIFICATION  ALL  RESPECTS IN WHICH IT WOULD
 PROVIDE PRODUCTS THAT DO NOT MEET THE DEFINITION CONTAINED  IN  SUBDIVI-
 SION ONE OF THIS SECTION.
   (B) THE CERTIFICATES REQUIRED BY THIS SECTION SHALL ADDITIONALLY SPEC-
 IFY SUCH INFORMATION AS THE EXECUTIVE SHALL REQUIRE.
   (C)  CERTIFICATES  REQUIRED BY THIS SECTION SHALL BE MAINTAINED BY THE
 STATE ENTITY FOR A PERIOD OF THREE YEARS.
   5. CONTRACTOR MISREPRESENTATION REGARDING SOURCE OF MATERIALS.  IF  IT
 HAS  BEEN  DETERMINED  BY  A  COURT  OR FEDERAL OR STATE ENTITY THAT ANY
 CONTRACTOR INTENTIONALLY: (A) AFFIXED A LABEL BEARING A "MADE IN  AMERI-
 CA"  INSCRIPTION, OR ANY INSCRIPTION WITH THE SAME MEANING, TO ANY MATE-
 RIALS USED IN STATE CONTRACTS TO WHICH THIS SECTION APPLIES,  THAT  WERE
 NOT  MADE  IN  AMERICA;  OR (B) REPRESENTED THAT MATERIALS USED IN STATE
 CONTRACTS TO WHICH THIS SECTION APPLIES THAT WERE NOT  PRODUCED  IN  THE
 UNITED  STATES, WERE PRODUCED IN THE UNITED STATES; THEN SUCH CONTRACTOR
 SHALL BE DEEMED NON-RESPONSIBLE AND SUCH DETERMINATION SHALL  BE  POSTED
 ON THE LIST OF NON-RESPONSIBLE ENTITIES MAINTAINED ON THE WEBSITE OF THE
 OFFICE OF GENERAL SERVICES.
   6.  TREATIES  AND  LAW  OF THE UNITED STATES TO SUPERSEDE.  NOTHING IN
 THIS SECTION IS INTENDED TO  CONTRAVENE  ANY  EXISTING  TREATIES,  LAWS,
 TRADE  AGREEMENTS,  OR  REGULATIONS  OF THE UNITED STATES. ALL CONTRACTS
 SUBJECT TO THIS SECTION SHALL BE ENTERED INTO IN ACCORDANCE WITH  EXIST-
 ING  TREATIES,  LAWS,  TRADE  AGREEMENTS,  OR  REGULATIONS OF THE UNITED
 STATES INCLUDING ALL TREATIES AND TRADE AGREEMENTS ENTERED INTO  BETWEEN
 FOREIGN   COUNTRIES   AND  THE  UNITED  STATES  REGARDING  EXPORT-IMPORT
 RESTRICTIONS AND INTERNATIONAL TRADE AND SHALL NOT BE  IN  VIOLATION  OF
 THIS SECTION TO THE EXTENT OF SUCH ACCORDANCE.
   7.  CHALLENGES  TO  DETERMINATIONS  MADE BY STATE ENTITY OR EXECUTIVE.
 NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, ANY  DETERMINATION
 MADE  BY  A  STATE ENTITY OR EXECUTIVE PURSUANT TO THIS SECTION SHALL BE
 PRESUMED TO BE REASONABLE AND, TO THE EXTENT ANY SUCH  DETERMINATION  IS
 CHALLENGED: (A) THE BURDEN OF PROOF SHALL BE ON THE CHALLENGING PARTY TO
 PROVE  THAT  THE  DETERMINATION  WAS NOT REASONABLE; AND (B) THE SUBJECT
 AWARD AND PROJECT MAY PROCEED DURING THE PENDENCY OF ANY SAID CHALLENGE.
 ANY CHALLENGE TO ANY DETERMINATION MADE BY A STATE ENTITY  OR  EXECUTIVE
 PURSUANT  TO THIS SECTION MAY ONLY BE BROUGHT PURSUANT TO ARTICLE SEVEN-
 TY-EIGHT OF THE CIVIL PRACTICE LAW AND RULES AND SUCH CHALLENGE,  ACTION
 OR  PROCEEDING SHALL BE BROUGHT IN A VENUE DESIGNATED IN THE PROCUREMENT
 OR BID DOCUMENTS.
   § 3. Title 4 of article 9 of the public authorities law is amended  by
 adding a new section 2603-b to read as follows:

 S. 2005                            44                            A. 3005
 
   § 2603-B. AMERICAN MATERIALS. 1. DEFINITIONS. FOR THE PURPOSES OF THIS
 SECTION,  THE  FOLLOWING  TERMS SHALL HAVE THE FOLLOWING MEANINGS UNLESS
 SPECIFIED OTHERWISE:
   (A)  "EXECUTIVE" MEANS THE EXECUTIVE HEAD OF A STATE ENTITY AS DEFINED
 IN PARAGRAPH (H) OF THIS SUBDIVISION.
   (B) "COMPONENT" MEANS ANY ARTICLE, MATERIAL OR SUPPLY,  WHETHER  MANU-
 FACTURED  OR  UNMANUFACTURED, THAT IS DIRECTLY INCORPORATED INTO THE END
 PRODUCT AT THE FINAL ASSEMBLY LOCATION. A COMPONENT MAY BE  MANUFACTURED
 AT  THE  FINAL ASSEMBLY LOCATION IF THE MANUFACTURING PROCESS TO PRODUCE
 THE COMPONENT IS AN ACTIVITY SEPARATE AND DISTINCT FROM THE FINAL ASSEM-
 BLY OF THE END PRODUCT. FOR A COMPONENT TO BE MANUFACTURED  IN  AMERICA,
 MORE THAN SIXTY PERCENT OF THE SUBCOMPONENTS OF THAT COMPONENT, BY COST,
 MUST  BE  OF  DOMESTIC  ORIGIN AND THE MANUFACTURE OF THE COMPONENT MUST
 TAKE PLACE IN THE UNITED STATES. IF A COMPONENT IS DETERMINED TO BE MADE
 IN AMERICA, ITS ENTIRE COST MAY BE USED IN CALCULATING THE COST  OF  THE
 UNITED STATES CONTENT OF AN END PRODUCT.
   (C)  "CONTRACTOR"  SHALL  MEAN  ANY PERSON, FIRM, BUSINESS ENTERPRISE,
 INCLUDING A SOLE PROPRIETORSHIP, PARTNERSHIP, LIMITED LIABILITY  COMPANY
 OR  CORPORATION,  ASSOCIATION,  NOT-FOR-PROFIT CORPORATION, OR ANY OTHER
 PARTY TO A STATE CONTRACT, AS DEFINED IN PARAGRAPH (I) OF THIS  SUBDIVI-
 SION, WITH A STATE ENTITY.
   (D)  "END PRODUCT" OR "PRODUCT" MEANS THE ULTIMATE ITEM OR ITEMS TO BE
 PROCURED UNDER THE STATE CONTRACT (SUCH AS A VEHICLE,  STRUCTURE,  ARTI-
 CLE, MATERIAL, SUPPLY, SYSTEM OR PROJECT) WHICH MAY DIRECTLY INCORPORATE
 CONSTITUENT  COMPONENTS,  AND WHICH IS READY TO PROVIDE ITS INTENDED END
 FUNCTION OR USE WITHOUT FURTHER  MANUFACTURING  OR  ASSEMBLY  CHANGE  OR
 CHANGES.   EXCLUDED FROM THIS DEFINITION ARE (I) STEEL PRODUCTS PROCURED
 IN ACCORDANCE WITH SECTION TWENTY-SIX HUNDRED  THREE-A  OF  THIS  TITLE;
 (II)  ENERGY,  ELECTRICITY, FUEL AND OTHER PETROLEUM PRODUCTS; AND (III)
 SOFTWARE PRODUCTS SUCH AS SOFTWARE, MICROPROCESSORS,  COMPUTERS,  MICRO-
 COMPUTERS, AND OTHER SUCH PRODUCTS USED FOR THE PURPOSE OF PROCESSING OR
 STORING DATA.
   (E)  "MANUFACTURED  PRODUCT" MEANS AN ITEM PRODUCED AS A RESULT OF THE
 MANUFACTURING PROCESS.
   (F) "MANUFACTURING PROCESS" MEANS  THE  APPLICATION  OF  PROCESSES  TO
 ALTER  THE FORM OR FUNCTION OF MATERIALS OR ELEMENTS OF THE PRODUCT IN A
 MANNER ADDING VALUE AND TRANSFORMING THOSE MATERIALS OR ELEMENTS SO THAT
 THEY REPRESENT A NEW END PRODUCT FUNCTIONALLY DIFFERENT FROM THAT  WHICH
 WOULD RESULT FROM MERE ASSEMBLY OF THE ELEMENTS OR MATERIALS.
   (G)  "MANUFACTURED  IN  AMERICA",  WITH RESPECT TO AN END PRODUCT THAT
 DIRECTLY INCORPORATES CONSTITUENT COMPONENTS, MEANS:
   (I) THE FINAL ASSEMBLY AND/OR  MANUFACTURE  OF  THE  END  PRODUCT  (AS
 APPLICABLE) TAKES PLACE IN THE UNITED STATES, AND
   (II)  MORE THAN SIXTY PERCENT OF THE COMPONENTS OF THE END PRODUCT, BY
 COST, ARE OF UNITED STATES ORIGIN.
   (III) "MANUFACTURED IN AMERICA", WITH RESPECT TO  THE  PURCHASE  OF  A
 PRODUCT  OR  MATERIAL  THAT  DOES  NOT  DIRECTLY INCORPORATE CONSTITUENT
 COMPONENTS, MEANS THE PRODUCT OR MATERIAL IS MINED, GROWN,  OR  PRODUCED
 IN WHOLE OR IN SUBSTANTIAL PART WITHIN THE UNITED STATES.
   (H)  "STATE  ENTITY"  MEANS A STATE AGENCY AS DEFINED IN SECTION THREE
 HUNDRED TEN OF THE EXECUTIVE LAW.
   (I) "STATE CONTRACT" MEANS:
   (I) A WRITTEN AGREEMENT IN EXCESS  OF  ONE  HUNDRED  THOUSAND  DOLLARS
 WHEREBY  A  STATE ENTITY IS COMMITTED TO EXPEND OR DOES EXPEND FUNDS FOR
 PRODUCTS, INCLUDING  PRODUCTS  USED  IN  THE  CONSTRUCTION,  DEMOLITION,

 S. 2005                            45                            A. 3005
 
 REPLACEMENT,  MAJOR  REPAIR  OR RENOVATION OF REAL PROPERTY AND IMPROVE-
 MENTS THEREON;
   (II)  LEASES  OF REAL PROPERTY BY A STATE ENTITY TO A LESSEE WHERE THE
 TERMS OF SUCH LEASES PROVIDE FOR THE STATE ENTITY TO BE ENGAGED  IN  THE
 PURCHASE  OF  PRODUCTS  FOR CONSTRUCTION, DEMOLITION, REPLACEMENT, MAJOR
 REPAIR OR RENOVATION OF REAL PROPERTY AND IMPROVEMENTS THEREON, AND  THE
 COST  OF  SUCH  CONSTRUCTION,  DEMOLITION,  REPLACEMENT, MAJOR REPAIR OR
 RENOVATION OF REAL PROPERTY AND IMPROVEMENTS THEREON IS IN EXCESS OF ONE
 HUNDRED THOUSAND DOLLARS.
   (J) "SUBCOMPONENT" IS ANY ARTICLE, MATERIAL, OR SUPPLY, WHETHER  MANU-
 FACTURED OR UNMANUFACTURED, THAT IS ONE STEP REMOVED FROM A COMPONENT IN
 THE  MANUFACTURING  PROCESS  AND  THAT  IS  INCORPORATED DIRECTLY INTO A
 COMPONENT.
   (K) "UNITED STATES" MEANS THE UNITED STATES OF AMERICA,  THE  DISTRICT
 OF  COLUMBIA AND INCLUDES ALL TERRITORY, CONTINENTAL OR INSULAR, SUBJECT
 TO THE JURISDICTION OF THE UNITED STATES.
   2. PROCUREMENTS SUBJECT TO THE PROVISIONS OF THIS SECTION.   (A)  THIS
 SECTION  SHALL  APPLY TO ALL STATE CONTRACTS AS DEFINED IN PARAGRAPH (I)
 OF SUBDIVISION ONE OF  THIS  SECTION  AND  ALL  REQUESTS  FOR  BIDS  AND
 PROPOSALS  FOR  SUCH  CONTRACTS,  WHICH SHALL STATE THAT A PREFERENCE IS
 GIVEN TO BIDDERS AND PROPOSERS WHO AGREE TO  PROVIDE  PRODUCTS  MANUFAC-
 TURED IN AMERICA, AND BIDDERS AND PROPOSERS, IN THEIR BIDS OR PROPOSALS,
 SHALL  (I)  STATE THAT THEY AGREE TO MEET SUCH REQUIREMENT OR (II) STATE
 IN DETAIL WHY THEY CANNOT MEET SUCH REQUIREMENT. (B) NO BIDDER OR PROPO-
 SER ON A STATE CONTRACT SUBJECT TO THIS SECTION SHALL BE  DEEMED  TO  BE
 THE  LOWEST RESPONSIVE AND RESPONSIBLE BIDDER OR PROPOSER UNLESS (I) THE
 BIDDER OR PROPOSER COMPLIES WITH THE PROVISIONS REQUIRED BY SUBPARAGRAPH
 (I) OF PARAGRAPH (A) OF THIS SUBDIVISION, OR (II) THE  EXECUTIVE  DETER-
 MINES  IN  ACCORDANCE  WITH  SUBDIVISION  THREE OF THIS SECTION THAT THE
 PROVISIONS OF THIS SECTION SHALL NOT APPLY TO THE SUBJECT PROCUREMENT.
   3. EXEMPTIONS. THIS SECTION SHALL NOT APPLY IN ANY CASE OR CATEGORY OF
 CASES IN WHICH THE EXECUTIVE, OR HIS OR HER DESIGNEE, FINDS  IN  HIS  OR
 HER SOLE DISCRETION THAT:
   (A)  THE  BEST  INTERESTS OF THE STATE WILL BE SERVED BY EXEMPTING THE
 PROCUREMENT FROM THE REQUIREMENTS OF THIS  SECTION  BASED  UPON  (I)  AN
 IMMEDIATE OR EMERGENCY NEED EXISTING FOR THE PRODUCT OR SERVICE; OR (II)
 A NEED TO PROTECT THE HEALTH, SAFETY, OR WELFARE OF PERSONS OCCUPYING OR
 VISITING A PUBLIC IMPROVEMENT OR PROPERTY LOCATED ADJACENT TO THE PUBLIC
 IMPROVEMENT; OR
   (B)  THE  PRODUCT  IS MANUFACTURED IN AMERICA BY ONLY ONE MANUFACTURER
 AND (I) A FOREIGN-MADE PRODUCT IS LESS EXPENSIVE AND OF EQUAL OR  BETTER
 QUALITY OR DESIGN; OR (II) A FOREIGN-MADE PRODUCT IS OF SUPERIOR QUALITY
 OR  DESIGN  TO  COMPETING  AMERICAN PRODUCTS AND IS SOLD AT A REASONABLY
 COMPARABLE PRICE CONSIDERING THE SUPERIOR QUALITY OR DESIGN; OR
   (C) A RECIPROCAL TRADE AGREEMENT OR TREATY HAS BEEN NEGOTIATED BY  THE
 STATE  OR BY THE UNITED STATES GOVERNMENT ON BEHALF OF OR INCLUDING THIS
 STATE WITH A FOREIGN NATION OR GOVERNMENT FOR NONDISCRIMINATORY  GOVERN-
 MENTAL  PROCUREMENT  PRACTICES  OR  POLICIES WITH SUCH FOREIGN NATION OR
 GOVERNMENT; OR
   (D) THE STATE CONTRACT IS SUBJECT TO FEDERAL FUNDING AND THE  REQUIRE-
 MENTS OF SUCH FEDERAL FUNDING SUPERSEDE THIS SECTION; OR
   (E)  THE  SPECIFIED PRODUCTS ARE NOT MANUFACTURED IN AMERICA IN SUFFI-
 CIENT QUANTITIES OR QUALITY TO MEET THE STATE ENTITY'S  REQUIREMENTS  OR
 CANNOT BE MANUFACTURED IN AMERICA OR WITHIN THE NECESSARY TIME IN SUFFI-
 CIENT  QUANTITIES OR OF SATISFACTORY QUALITY OR DESIGN TO MEET THE AGEN-
 CY'S REQUIREMENTS; OR

 S. 2005                            46                            A. 3005
 
   (F) OBTAINING THE SPECIFIED PRODUCTS MANUFACTURED IN AMERICA OR  WOULD
 INCREASE  THE COST OF THE CONTRACT BY AN UNREASONABLE AMOUNT, AS SUCH IS
 DETERMINED BY THE EXECUTIVE; OR
   (G)  THE  APPLICATION  OF  THIS SECTION WOULD BE INCONSISTENT WITH THE
 PUBLIC INTEREST; OR
   (H) THE SPECIFIED PRODUCTS ARE  NECESSARY  FOR  THE  OPERATION  OF  OR
 REPAIRS OF CRITICAL INFRASTRUCTURE THAT IS NECESSARY TO AVOID A DELAY IN
 THE  DELIVERY  OF  CRITICAL  SERVICES  THAT  COULD COMPROMISE THE PUBLIC
 WELFARE.
   4. PRODUCT CERTIFICATIONS. (A) PRIOR TO THE CONTRACTOR DELIVERING  THE
 PRODUCT, THE CONTRACTOR MUST CERTIFY IN WRITING TO THE CONTRACTING STATE
 ENTITY  THAT  THE  PRODUCT IS MANUFACTURED IN AMERICA IN ACCORDANCE WITH
 THE REQUIREMENTS OF THIS SECTION, OR IF THE CONTRACTOR CANNOT SO  STATE,
 SHALL  SPECIFY  IN  SUCH  CERTIFICATION  ALL  RESPECTS IN WHICH IT WOULD
 PROVIDE PRODUCTS THAT DO NOT MEET THE DEFINITION CONTAINED  IN  SUBDIVI-
 SION ONE OF THIS SECTION.
   (B) THE CERTIFICATES REQUIRED BY THIS SECTION SHALL ADDITIONALLY SPEC-
 IFY SUCH INFORMATION AS THE EXECUTIVE SHALL REQUIRE.
   (C)  CERTIFICATES  REQUIRED BY THIS SECTION SHALL BE MAINTAINED BY THE
 STATE ENTITY FOR A PERIOD OF THREE YEARS.
   5. CONTRACTOR MISREPRESENTATION REGARDING SOURCE OF MATERIALS.  IF  IT
 HAS  BEEN  DETERMINED  BY  A  COURT  OR FEDERAL OR STATE ENTITY THAT ANY
 CONTRACTOR INTENTIONALLY:  (A) AFFIXED A LABEL BEARING A "MADE IN AMERI-
 CA" INSCRIPTION, OR ANY INSCRIPTION WITH THE SAME MEANING, TO ANY  MATE-
 RIALS  USED  IN STATE CONTRACTS TO WHICH THIS SECTION APPLIES, THAT WERE
 NOT MADE IN AMERICA; OR (B) REPRESENTED THAT  MATERIALS  USED  IN  STATE
 CONTRACTS  TO  WHICH  THIS SECTION APPLIES THAT WERE NOT PRODUCED IN THE
 UNITED STATES, WERE PRODUCED IN THE UNITED STATES; THEN SUCH  CONTRACTOR
 SHALL  BE  DEEMED NON-RESPONSIBLE AND SUCH DETERMINATION SHALL BE POSTED
 ON THE LIST OF NON-RESPONSIBLE ENTITIES MAINTAINED ON THE WEBSITE OF THE
 OFFICE OF GENERAL SERVICES.
   6. TREATIES AND LAW OF THE UNITED STATES TO  SUPERSEDE.    NOTHING  IN
 THIS  SECTION  IS  INTENDED  TO  CONTRAVENE ANY EXISTING TREATIES, LAWS,
 TRADE AGREEMENTS, OR REGULATIONS OF THE  UNITED  STATES.  ALL  CONTRACTS
 SUBJECT  TO THIS SECTION SHALL BE ENTERED INTO IN ACCORDANCE WITH EXIST-
 ING TREATIES, LAWS, TRADE  AGREEMENTS,  OR  REGULATIONS  OF  THE  UNITED
 STATES  INCLUDING ALL TREATIES AND TRADE AGREEMENTS ENTERED INTO BETWEEN
 FOREIGN  COUNTRIES  AND  THE  UNITED  STATES   REGARDING   EXPORT-IMPORT
 RESTRICTIONS  AND  INTERNATIONAL  TRADE AND SHALL NOT BE IN VIOLATION OF
 THIS SECTION TO THE EXTENT OF SUCH ACCORDANCE.
   7. CHALLENGES TO DETERMINATIONS MADE BY  STATE  ENTITY  OR  EXECUTIVE.
 NOTWITHSTANDING  ANY PROVISION OF LAW TO THE CONTRARY, ANY DETERMINATION
 MADE BY A STATE ENTITY OR EXECUTIVE PURSUANT TO THIS  SECTION  SHALL  BE
 PRESUMED  TO  BE REASONABLE AND, TO THE EXTENT ANY SUCH DETERMINATION IS
 CHALLENGED: (A) THE BURDEN OF PROOF SHALL BE ON THE CHALLENGING PARTY TO
 PROVE THAT THE DETERMINATION WAS NOT REASONABLE;  AND  (B)  THE  SUBJECT
 AWARD AND PROJECT MAY PROCEED DURING THE PENDENCY OF ANY SAID CHALLENGE.
 ANY  CHALLENGE  TO ANY DETERMINATION MADE BY A STATE ENTITY OR EXECUTIVE
 PURSUANT TO THIS SECTION MAY ONLY BE BROUGHT PURSUANT TO ARTICLE  SEVEN-
 TY-EIGHT  OF THE CIVIL PRACTICE LAW AND RULES AND SUCH CHALLENGE, ACTION
 OR PROCEEDING SHALL BE BROUGHT IN A VENUE DESIGNATED IN THE  PROCUREMENT
 OR BID DOCUMENTS.
   §  4.  Severability.  If any clause, sentence, paragraph, subdivision,
 section or part of this act shall be adjudged by any court of  competent
 jurisdiction  to  be invalid, such judgement shall not affect, impair or
 invalidate the remainder thereof, but shall be confined in its operation

 S. 2005                            47                            A. 3005
 
 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 provision had
 not been included herein.
   §  5. This act shall take effect on January 1, 2018 and shall apply to
 any state contracts, executed and entered into on or after that date and
 shall exclude such contracts that have been previously awarded  or  have
 pending  bids  or pending requests for proposals issued as of January 1,
 2018.
 
                                  PART K
 
   Section 1. Employees of the division of military and naval affairs  in
 the  unclassified service of the state, who are substantially engaged in
 the performance of duties to support business  and  financial  services,
 administrative  services,  payroll  administration, time and attendance,
 benefit administration and other  transactional  human  resources  func-
 tions,  may  be transferred to the office of general services in accord-
 ance with the provisions of section 45 of the civil service  law  as  if
 the  state  had  taken  over a private entity. No employee who is trans-
 ferred pursuant to this act shall suffer a  reduction  in  basic  annual
 salary as a result of the transfer.
   § 2. This act shall take effect immediately and shall have been deemed
 to  have  been  in full force and effect on and after March 31, 2015 and
 shall remain in effect until March 31, 2020  when  it  shall  be  deemed
 repealed.
 
                                  PART L
 
   Section  1. Section 3 of chapter 674 of the laws of 1993, amending the
 public buildings law relating to  value  limitations  on  contracts,  as
 amended  by  section  1  of part M of chapter 55 of the laws of 2015, is
 amended to read as follows:
   § 3. This act shall take effect immediately and shall remain  in  full
 force and effect only until June 30, [2017] 2019.
   §  2.  The public buildings law is amended by adding a new section 8-a
 to read as follows:
   § 8-A. CONTRACTS FOR WORK PERFORMED AT SECURE FACILITIES. 1.  FOR  THE
 PURPOSES  OF  THIS SECTION, "SECURE FACILITY" SHALL MEAN (A) A BUILDING,
 PROPERTY, OR FACILITY  UNDER  THE  JURISDICTION  OF  THE  DEPARTMENT  OF
 CORRECTIONS  AND COMMUNITY SUPERVISION, THE OFFICE OF MENTAL HEALTH, THE
 OFFICE OF CHILDREN AND FAMILY SERVICES, OR THE OFFICE  FOR  PEOPLE  WITH
 DEVELOPMENTAL  DISABILITIES,  AND  WHERE INMATES, PATIENTS, OR RESIDENTS
 WHO DWELL WITHIN SUCH BUILDING, PROPERTY, OR FACILITY  HAVE  LIMITED  OR
 RESTRICTED  INGRESS  AND  EGRESS  OR (B) ANY OTHER FACILITY OF THE STATE
 THAT IS DETERMINED TO BE A SECURE FACILITY BY THE COMMISSIONER OF GENER-
 AL SERVICES BECAUSE OF POTENTIAL RISKS TO THE LIFE, SAFETY, OR HEALTH OF
 THE PUBLIC OR OF THE INHABITANTS OF SUCH FACILITY.
   2. GENERATION OF LIST OF ELIGIBLE BIDDERS.  (A) THE OFFICE OF  GENERAL
 SERVICES  SHALL  ESTABLISH  A LIST OF ELIGIBLE BIDDERS FOR CONTRACTS FOR
 THE  WORK  OF  CONSTRUCTION,  RECONSTRUCTION,  ALTERATION,  REPAIR,   OR
 IMPROVEMENT  OF  OR AT A SECURE FACILITY BY ISSUING ON A QUARTERLY BASIS
 AN INVITATION TO CONTRACTORS TO BE SO LISTED. THE INVITATION TO CONTRAC-
 TORS SHALL BE ADVERTISED  QUARTERLY  IN  THE  PROCUREMENT  OPPORTUNITIES
 NEWSLETTER  PUBLISHED  BY THE DEPARTMENT OF ECONOMIC DEVELOPMENT, IN THE

 S. 2005                            48                            A. 3005
 
 PUBLIC NOTIFICATION SERVICE OF THE OFFICE OF GENERAL  SERVICES,  AND  BY
 NEWSPAPER  ADVERTISEMENT  AS  PROVIDED IN SECTION EIGHT OF THIS ARTICLE.
 THE OFFICE OF GENERAL SERVICES SHALL  SEEK  TO  PROVIDE  PRIME  CONTRACT
 BIDDING  OPPORTUNITIES  FOR  MINORITY-  AND  WOMEN-OWNED CONTRACTORS AND
 SERVICE-DISABLED   VETERAN-OWNED   CONTRACTORS   IN   THE   LETTING   OF
 CONSTRUCTION  CONTRACTS IN OR AT A SECURE FACILITY AND SHALL COMPLY WITH
 THE PROVISIONS OF ARTICLES FIFTEEN-A AND SEVENTEEN-B  OF  THE  EXECUTIVE
 LAW. THE OFFICE OF GENERAL SERVICES MAY REMOVE ANY BIDDER FROM SUCH LIST
 FOR NON-RESPONSIBILITY OR NON-RELIABILITY.
   (B)  RESPONDENTS  TO SUCH INVITATION TO CONTRACTORS SHALL RECEIVE FROM
 THE OFFICE OF GENERAL SERVICES A  STANDARDIZED  QUESTIONNAIRE,  AND  THE
 TIME FRAME IN WHICH TO RESPOND SHALL BE SET FORTH THEREIN.
   (C)  THE CRITERIA THAT SHALL BE USED BY THE OFFICE OF GENERAL SERVICES
 TO INCLUDE A PROSPECTIVE CONTRACTOR ON  THE  LIST  OF  ELIGIBLE  BIDDERS
 SHALL  INCLUDE, BUT NOT BE LIMITED TO: (I) EXPERIENCE WITH PROJECTS THAT
 HAVE BEEN COMPLETED IN SECURE FACILITIES BY THE CONTRACTOR, AS EITHER  A
 PRIME  CONTRACTOR  OR  A SUBCONTRACTOR, WITHIN THE LAST FIVE YEARS, (II)
 VIOLATIONS OF SECURE FACILITY  REGULATIONS  AND  RULES,  (III)  TYPE  OF
 LICENSES THAT THE CONTRACTOR HOLDS, (IV) TERMINATIONS ON PRIOR JOBS, (V)
 ASSESSMENT  OF LIQUIDATED DAMAGES ON EARLIER PROJECTS, (VI) CONTRACTOR'S
 ABILITY  TO  SECURE  BONDING,  (VII)  INSURABILITY,   (VIII)   FINANCIAL
 STRENGTH,  AND  (IX) ANY OTHER CRITERIA THAT THE COMMISSIONER OF GENERAL
 SERVICES SHALL DETERMINE TO BE RELEVANT.
   (D) IF THE OFFICE OF GENERAL SERVICES MAKES  A  DETERMINATION  NOT  TO
 INCLUDE  A  CONTRACTOR  ON  THE  LIST OF ELIGIBLE BIDDERS, THE OFFICE OF
 GENERAL SERVICES SHALL PROVIDE WRITTEN NOTICE TO THE CONTRACTOR, AND THE
 CONTRACTOR SHALL HAVE FIFTEEN DAYS FROM THE RECEIPT OF  SUCH  NOTICE  TO
 SUBMIT  A  WRITTEN  REQUEST FOR RECONSIDERATION. THE CONTRACTOR SHALL BE
 GIVEN THE OPPORTUNITY TO PRESENT ANY EVIDENCE AS TO WHY  THE  CONTRACTOR
 SHOULD BE INCLUDED ON THE LIST OF ELIGIBLE BIDDERS.
   (E)  BIDDERS  FOR  CONTRACTS  FOR  THE  WORK  OF  CONSTRUCTION, RECON-
 STRUCTION, ALTERATION, REPAIR, OR IMPROVEMENT OF OR AT A SECURE FACILITY
 MAY, AT THE DISCRETION OF  THE  COMMISSIONER  OF  GENERAL  SERVICES,  BE
 SOLICITED  SOLELY FROM THE LIST OF ELIGIBLE BIDDERS ESTABLISHED PURSUANT
 TO THIS SUBDIVISION, AND SUCH CONTRACTS SHALL BE AWARDED  IN  ACCORDANCE
 WITH  SECTION  EIGHT  OF  THIS  ARTICLE, EXCEPT THAT NOTWITHSTANDING THE
 PROVISIONS OF SUBDIVISION TWO OF SECTION EIGHT OF THIS  ARTICLE,  SOLIC-
 ITATIONS FOR BIDS OR PROPOSALS SHALL BE ADVERTISED IN THE PUBLIC NOTIFI-
 CATION  SERVICE  OF  THE  OFFICE  OF  GENERAL  SERVICES,  AND EITHER THE
 PROCUREMENT OPPORTUNITIES NEWSLETTER  PUBLISHED  BY  THE  DEPARTMENT  OF
 ECONOMIC DEVELOPMENT OR THE STATE REGISTER.
   3.  NOTWITHSTANDING THE PROVISIONS OF SUBDIVISION ONE OF SECTION EIGHT
 OF THIS ARTICLE, DRAWINGS AND SPECIFICATIONS WHEN PREPARED FOR THE  WORK
 OF CONSTRUCTION, RECONSTRUCTION, ALTERATION, REPAIR, OR IMPROVEMENT OF A
 SECURE  FACILITY  SHALL  BE  FILED  IN ACCORDANCE WITH THE PROVISIONS OF
 SUBDIVISION ONE OF SECTION EIGHT OF THIS ARTICLE, EXCEPT THAT SUCH DRAW-
 INGS AND SPECIFICATIONS MAY NOT BE OPEN  TO  PUBLIC  INSPECTION  AT  THE
 DISCRETION OF THE COMMISSIONER OF GENERAL SERVICES.
   §  3.  Subdivision  2  of  section  8  of the public buildings law, as
 amended by chapter 840 of the laws  of  1980,  is  amended  to  read  as
 follows:
   2.  The  said  department  or  other agency having jurisdiction shall,
 except as otherwise provided in this chapter,  advertise  for  proposals
 for  such  work  of  construction, reconstruction, alteration, repair or
 improvement, or, upon the request of said department  or  other  agency,
 the  commissioner of general services is authorized to advertise for and

 S. 2005                            49                            A. 3005
 
 to receive and open such proposals for such work of construction, recon-
 struction, alteration, repair or improvement, and upon  the  opening  of
 such  proposals he shall, in appropriate cases, transmit to said depart-
 ment  or other agency a tabulation of such proposals. Except as provided
 in [section] SECTIONS EIGHT-A AND twenty of this  chapter,  such  adver-
 tisement  for proposals shall be printed in a newspaper published in the
 city of Albany, and in such other newspaper or  newspapers  as  will  be
 most  likely  to give adequate notice to contractors of the work contem-
 plated and of the invitation to submit proposals therefor.  Such  adver-
 tisement shall be published for such time and in such manner as shall be
 determined  by  the commissioner of general services. Such advertisement
 shall be a public notice which shall contain a brief description of  the
 work of construction, reconstruction, alteration, repair or improvement,
 a  reference  to the drawings and specifications therefor and where they
 may be seen and  obtained,  the  time  when  and  the  place  where  the
 proposals  invited  by such advertisement will be received, the require-
 ment of a deposit with the proposal, the requirement of a bond to accom-
 pany the contract and in such amount as may be prescribed for the faith-
 ful  performance  of  the  contract,  and  such  other  matters  as  the
 commissioner of general services may deem advisable.
   § 4. Subdivision 1 of section 143 of the state finance law, as amended
 by chapter 43 of the laws of 1969, is amended to read as follows:
   1.  Notwithstanding  any  inconsistent  provision  of  any  general or
 special law, the board, division, department, bureau, agency, officer or
 commission of the state charged with the duty  of  preparing  plans  and
 specifications  for  and  awarding  or  entering  into contracts for the
 performance of public work shall require the payment of a fixed  sum  of
 money,  not  exceeding  one hundred dollars, for each copy of such plans
 and specifications, by persons or corporations desiring a copy  thereof.
 Any  person  or corporation desiring a copy of such plans and specifica-
 tions and making the deposit required by this section shall be furnished
 with one copy of the plans and specifications, EXCEPT THAT IN  THE  CASE
 OF  A  CONTRACT FOR THE PERFORMANCE OF PUBLIC WORK AT A SECURE FACILITY,
 AS DEFINED IN SECTION EIGHT-A OF THE PUBLIC BUILDINGS LAW, THE PLANS AND
 SPECIFICATIONS SHALL BE FURNISHED TO ONLY THOSE CONTRACTORS THAT ARE  ON
 THE  ELIGIBLE LIST OF BIDDERS ESTABLISHED PURSUANT TO SECTION EIGHT-A OF
 THE PUBLIC BUILDINGS LAW AND THAT HAVE REQUESTED COPIES  OF  SUCH  PLANS
 AND  SPECIFICATIONS.  IN  THE  CASE  WHERE  THE  COMMISSIONER OF GENERAL
 SERVICES IN HIS OR HER DISCRETION HAS SOLICITED CONTRACTORS  OTHER  THAN
 THOSE  ON  SUCH  ELIGIBLE  LIST OF BIDDERS FOR THE PERFORMANCE OF PUBLIC
 WORK AT A SECURE FACILITY, SUCH  CONTRACTORS  SHALL  BE  FURNISHED  WITH
 PLANS AND SPECIFICATIONS PURSUANT TO THIS SECTION.
   § 5. This act shall take effect immediately.
 
                                  PART M
 
   Section  1.  Section 4 of the New York state printing and public docu-
 ments law is amended by adding a new subdivision 6 to read as follows:
   6. NOTWITHSTANDING ANY OF THE FOREGOING PROVISIONS OF THIS SECTION, OR
 OF ANY GENERAL OR SPECIAL ACT, THE COMMISSIONER MAY CONTRACT FOR  PRINT-
 ING  UP  TO AN AMOUNT NOT EXCEEDING EIGHTY-FIVE THOUSAND DOLLARS WITHOUT
 COMPETITIVE BIDDING FOR THE PRINTING REQUIRED.
   § 2. This act shall take effect immediately.
 
                                  PART N

 S. 2005                            50                            A. 3005
 
   Section 1. Subdivisions 1, 2, 3, 4, 5 and 6  of  section  162  of  the
 state  finance  law,  subdivisions 1, 3, 4 as added by chapter 83 of the
 laws of 1995, subdivision 2 as amended by chapter 501  of  the  laws  of
 2002, paragraph a of subdivision 2, paragraphs a and b of subdivision 3,
 subparagraph  (i)  of paragraph a of subdivision 4, subdivision 5, para-
 graphs a and d of subdivision 6 as amended by section 164 of  subpart  B
 of  part C of chapter 62 of the laws of 2011, paragraph b of subdivision
 2 as amended by chapter 519 of the laws of 2003, subparagraph  (iii)  of
 paragraph  b  of  subdivision 4 as amended by chapter 430 of the laws of
 1997, and paragraph e of subdivision 6 as amended by chapter 265 of  the
 laws of 2013, are amended to read as follows:
   1.  Purpose.  To  advance  special social and economic goals, selected
 providers shall  have  preferred  source  status  for  the  purposes  of
 procurement in accordance with the provisions of this section.  Procure-
 ment  from  these  providers  shall  be  exempted  from  the competitive
 procurement provisions of section one hundred sixty-three of this  arti-
 cle  and  other  competitive  procurement statutes. Such exemption shall
 apply to commodities  produced,  manufactured  or  assembled,  including
 those  repackaged WHEN THE LABOR AND MATERIALS FOR SUCH REPACKAGING ADDS
 VALUE TO THE COMMODITY, to meet the form, function and utility  required
 by  state agencies, in New York state and, where so designated, services
 provided by those sources in accordance with this section.
   2. Preferred status. Preferred status as prescribed  in  this  section
 shall be accorded to:
   a.  Commodities produced by the correctional industries program of the
 department of corrections and community supervision and provided to  the
 state  pursuant to subdivision two of section one hundred eighty-four of
 the correction law AND ASBESTOS  ABATEMENT  SERVICES  PERFORMED  BY  THE
 CORRECTIONAL  INDUSTRIES  PROGRAM  OF  THE DEPARTMENT OF CORRECTIONS AND
 COMMUNITY SUPERVISION;
   b. Commodities and services produced by any qualified charitable  non-
 profit-making  agency  for  the  blind approved for such purposes by the
 commissioner of the office of children and family services;
   [c. Commodities  and  services  produced  by  any  special  employment
 program  serving mentally ill persons, which shall not be required to be
 incorporated and which is operated by facilities within  the  office  of
 mental  health  and is approved for such purposes by the commissioner of
 mental health;]
   [d.] C. Commodities and services produced by any qualified  charitable
 non-profit-making  agency  for  other  [severely] SIGNIFICANTLY disabled
 persons approved for such purposes by the commissioner of education,  or
 incorporated under the laws of this state and approved for such purposes
 by the commissioner of education;
   [e.]  D.  Commodities  and  services produced by a qualified veterans'
 workshop providing job and employment-skills training to veterans  where
 such  a workshop is operated by the United States department of veterans
 affairs and is manufacturing products or performing services within this
 state and where such workshop is  approved  for  such  purposes  by  the
 commissioner of education; or
   [f.]  E. Commodities and services produced by any qualified charitable
 non-profit-making workshop for veterans approved for  such  purposes  by
 the  commissioner  of  education, or incorporated under the laws of this
 state and approved for such purposes by the commissioner of education.
   3. Public list of  services  and  commodities  provided  by  preferred
 sources.

 S. 2005                            51                            A. 3005
 
   a. By December thirty-first, nineteen hundred ninety-five, the commis-
 sioner, in consultation with the commissioners of corrections and commu-
 nity supervision, the office of children and family services, the office
 of  temporary  and  disability  assistance, mental health and education,
 shall  prepare a list of all commodities and services that are available
 and are being provided as of said date, for purchase by state  agencies,
 public  benefit  corporations or political subdivisions from those enti-
 ties accorded preference or priority status  under  this  section.  Such
 list may include references to catalogs and other descriptive literature
 which are available directly from any provider accorded preferred status
 under  this  section. The commissioner shall make this list available to
 prospective vendors, state agencies, public benefit corporations,  poli-
 tical  subdivisions  and  other  interested  parties. Thereafter, new or
 substantially different commodities or services may only be made  avail-
 able  by  preferred  sources for purchase by more than one state agency,
 public benefit corporation or political subdivision  after  addition  to
 said list.
   b. After January first, nineteen hundred ninety-six, upon the applica-
 tion  of  the commissioner of corrections and community supervision, the
 commissioner of the office of children and family services,  the  office
 of  temporary  and  disability  assistance,  the  commissioner of mental
 health or the commissioner of education, or a non-profit-making  facili-
 tating  agency  designated  by one of the said commissioners pursuant to
 paragraph e of subdivision six of this section,  the  state  procurement
 council  may  recommend  that  the  commissioner: (i) add commodities or
 services to, or (ii) in order to insure that such list reflects  current
 production  and/or  availability  of commodities and services, delete at
 the request of a preferred source, commodities  or  services  from,  the
 list  established  by  paragraph  a of this subdivision. The council may
 make a non-binding recommendation to the relevant  preferred  source  to
 delete a commodity or service from such list. Additions may be made only
 for new services or commodities, or for services or commodities that are
 substantially  different  from  those  reflected  on  said list for that
 provider. The decision to recommend the addition of services or  commod-
 ities  shall be based upon a review of relevant factors as determined by
 the council including costs and benefits to be derived from  such  addi-
 tion  and  shall  include  an analysis by the office of general services
 conducted pursuant to subdivision six of this section. Unless the  state
 procurement  council  shall make a recommendation to the commissioner on
 any such application within one hundred twenty days of receipt  thereof,
 such  application  shall  be  deemed  recommended. In the event that the
 state procurement council shall deny any such application,  the  commis-
 sioner  or  non-profit-making  FACILITATING  agency which submitted such
 application may, within thirty days of such denial, appeal  such  denial
 to  the  commissioner of general services who shall review all materials
 submitted to the state procurement council with respect to such applica-
 tion and who may request such further  information  or  material  as  is
 deemed  necessary.  Within  sixty  days of receipt of all information or
 materials deemed necessary, the  commissioner  shall  render  a  written
 final decision on the application which shall be binding upon the appli-
 cant and upon the state procurement council.
   c.  The  list maintained by the office of general services pursuant to
 paragraph a of this subdivision shall be revised as necessary to reflect
 the additions and deletions of commodities and services approved by  the
 state procurement council.

 S. 2005                            52                            A. 3005
 
   4.  Priority accorded preferred sources. Except as provided in the New
 York state printing and public documents law, priority  among  preferred
 sources shall be accorded as follows:
   a. (i) When commodities are available, in the form, function and util-
 ity  required  by  a  state agency, public authority, commission, public
 benefit corporation or political subdivision, said commodities  must  be
 purchased  first from the correctional industries program of the depart-
 ment of corrections and community supervision;
   (ii) When commodities are available, in the form, function and utility
 required by, a state agency or political subdivision or  public  benefit
 corporation having their own purchasing agency, and such commodities are
 not  available  pursuant  to  subparagraph  (i)  of this paragraph, said
 commodities shall then be purchased from  approved  charitable  non-pro-
 fit-making agencies for the blind;
   (iii) When commodities are available, in the form, function and utili-
 ty  required by, a state agency or political subdivision or public bene-
 fit corporation having their own purchasing agency, and such commodities
 are not available pursuant to subparagraphs (i) and (ii) of  this  para-
 graph,  said  commodities  shall then be purchased from a qualified non-
 profit-making  agency  for  other  [severely]   SIGNIFICANTLY   disabled
 persons,  [a  qualified  special  employment  program  for  mentally ill
 persons,] or a qualified veterans' workshop;
   b. When services are available, in  the  form,  function  and  utility
 required  by,  a state agency or political subdivision or public benefit
 corporation having their own purchasing agency, equal priority shall  be
 accorded  the services rendered and offered for sale by THE CORRECTIONAL
 INDUSTRIES PROGRAM OF THE DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPER-
 VISION, BY qualified non-profit-making agencies for the blind and  those
 for  the  other  [severely] SIGNIFICANTLY disabled, by qualified special
 employment programs for mentally ill persons and by qualified  veterans'
 workshops. In the case of services:
   (i)  state agencies or political subdivisions or public benefit corpo-
 rations having  their  own  purchasing  agency  shall  [make  reasonable
 efforts  to  provide a notification] PROVIDE A WRITTEN SCOPE OF SERVICES
 describing their requirements to those  preferred  sources,  or  to  the
 facilitating entity identified in paragraph e of subdivision six of this
 section,  which  provide the required services as indicated on the offi-
 cial public list maintained by the office of general  services  pursuant
 to  subdivision three of this section AND IDENTIFY THE TIME FRAME WITHIN
 WHICH WRITTEN QUESTIONS MAY BE SUBMITTED, THE DATE ANSWERS TO  QUESTIONS
 WILL BE PROVIDED, THE DATE BY WHICH A WRITTEN PROPOSAL MUST BE SUBMITTED
 AND THE ESTIMATED CONTRACT START DATE;
   (ii) if[, within ten days of the notification required by subparagraph
 (i)  of  this  paragraph,] one or more preferred sources or facilitating
 entities identified in paragraph e of subdivision six  of  this  section
 submit  a  [notice of intent] WRITTEN PROPOSAL to provide the service in
 the form, function and utility required, said service shall be purchased
 in accordance with this section. If more than one  preferred  source  or
 facilitating entity identified in paragraph e of subdivision six of this
 section  submits  [notification  of intent] A WRITTEN PROPOSAL and meets
 the requirements, costs shall be the  determining  factor  for  purchase
 among the preferred sources;
   (iii)  if[,  within  ten days of the notification required by subpara-
 graph (i) of this paragraph,] no preferred source or facilitating entity
 identified in paragraph e of subdivision six of this section  [indicates
 intent  to  provide  the service,] SUBMITS A WRITTEN PROPOSAL WITHIN THE

 S. 2005                            53                            A. 3005
 
 TIME FRAME IDENTIFIED PURSUANT TO SUBPARAGRAPH (I)  OF  THIS  PARAGRAPH,
 then  the  service  shall  be  procured  in  accordance with section one
 hundred sixty-three of this article. If, after such period, a  preferred
 source  elects  to bid on the service, award shall be made in accordance
 with section one hundred sixty-three of this  article  or  as  otherwise
 provided by law;
   (IV)  THE  STATE  PROCUREMENT  COUNCIL  SHALL  ESTABLISH GUIDELINES TO
 ASSIST THE COMMISSIONER AND STATE AGENCIES, POLITICAL  SUBDIVISIONS  AND
 PUBLIC BENEFIT CORPORATIONS IN DEVELOPING THE SCOPE OF SERVICES, SETTING
 REASONABLE TIME FRAMES, ISSUING REQUESTS FOR INFORMATION AND DETERMINING
 THE REASONABLENESS OF PRICES OF SERVICES. SUCH GUIDELINES SHALL BE POST-
 ED ON THE WEBSITE OF THE OFFICE OF GENERAL SERVICES.
   [c.  For  the purposes of commodities and services produced by special
 employment programs operated by facilities approved or operated  by  the
 office  of  mental health, facilities within the office of mental health
 shall be exempt from the requirements of subparagraph (i) of paragraph a
 of this subdivision. When such requirements  of  the  office  of  mental
 health cannot be met pursuant to subparagraph (ii) or (iii) of paragraph
 a of this subdivision, or paragraph b of this subdivision, the office of
 mental  health  may  purchase commodities and services which are compet-
 itive in price and comparable in quality to those which could  otherwise
 be  obtained  in  accordance  with this article, from special employment
 programs operated by facilities within the office of  mental  health  or
 other programs approved by the office of mental health.]
   5.  Prices  charged  by  the  department  of corrections and community
 supervision. The prices to  be  charged  for  commodities  produced  AND
 SERVICES  PROVIDED by the correctional industries program of the depart-
 ment of corrections and community supervision shall  be  established  by
 the  commissioner of corrections and community supervision in accordance
 with section one hundred eighty-six of the correction law.
   a. The prices established  by  the  commissioner  of  corrections  and
 community  supervision  shall be based upon costs as determined pursuant
 to this subdivision, but shall not exceed a reasonable fair market price
 determined at or within ninety days before the time of sale. Fair market
 price as used herein means the price at which a vendor of  the  same  or
 similar  product  or service who is regularly engaged in the business of
 selling such product or service offers to sell such product  or  service
 under  similar  terms  in  the same market. Costs shall be determined in
 accordance with an agreement between the commissioner of corrections and
 community supervision and the director of the budget.
   b. A purchaser of any such product or service may, at any  time  prior
 to  or within thirty days of the time of sale, appeal the purchase price
 in accordance with section one hundred eighty-six of the correction law,
 on the basis that it unreasonably exceeds fair  market  price.  Such  an
 appeal  shall  be  decided  by  a  majority vote of a three-member price
 review board consisting of the director of the budget, the  commissioner
 of  corrections  and community supervision and the commissioner or their
 representatives. The decision of the review board shall be final.
   6. Prices charged by agencies for the blind, other [severely]  SIGNIF-
 ICANTLY disabled and veterans' workshops.
   a.  (I)  Except with respect to the correctional industries program of
 the department of corrections and community supervision, it shall be the
 duty of the commissioner to determine, and from time to time review, the
 prices of all commodities [and to approve the  price  of  all  services]
 provided  by  preferred  sources as specified in this section offered to

 S. 2005                            54                            A. 3005
 
 state agencies, political subdivisions or  public  benefit  corporations
 having their own purchasing office.
   (II) WITH RESPECT TO THE PURCHASE OF SERVICES, IT SHALL BE THE DUTY OF
 THE  COMMISSIONER  TO  REVIEW  AND  TO APPROVE THE PRICE OF ALL SERVICES
 OFFERED TO BE PROVIDED BY PREFERRED SOURCES IN RESPONSE TO  THE  WRITTEN
 SCOPE  OF  SERVICES ISSUED BY THE STATE AGENCY, POLITICAL SUBDIVISION OR
 PUBLIC BENEFIT CORPORATION.  THE  FACILITATING  ENTITIES  IDENTIFIED  IN
 PARAGRAPH  E  OF  SUBDIVISION  SIX  OF THIS SECTION SHALL PROVIDE TO THE
 COMMISSIONER, WITHIN A REASONABLE  TIME  FOLLOWING  REQUEST,  SUFFICIENT
 INFORMATION  TO DETERMINE PRICE REASONABLENESS INCLUDING BUT NOT LIMITED
 TO A PRICING APPLICATION  IN  THE  FORMAT  REQUESTED,  COMPARABLE  PRICE
 INFORMATION  FROM  PRIVATE  CONTRACTS  AND CONTRACTS EXECUTED BY PRIVATE
 VENDORS ACCORDED PREFERRED SOURCE STATUS UNDER A PARTNERING  ARRANGEMENT
 PURSUANT  TO  SUBDIVISION SEVEN OF THIS SECTION, AND, WHERE APPROPRIATE,
 THE PROVIDER OF SUCH INFORMATION MAY REQUEST THAT  SUCH  INFORMATION  BE
 EXEMPTED  FROM DISCLOSURE IN ACCORDANCE WITH THE PROVISIONS OF PARAGRAPH
 (A) OF SUBDIVISION FIVE OF SECTION EIGHTY-NINE OF  THE  PUBLIC  OFFICERS
 LAW.  STATE  AGENCIES,  POLITICAL SUBDIVISIONS, OR PUBLIC BENEFIT CORPO-
 RATIONS MAY ISSUE A REQUEST FOR INFORMATION TO ASSIST  THE  COMMISSIONER
 IN ESTABLISHING PREVAILING MARKET PRICES.
   b.  In  determining  and  revising  the  prices of such commodities or
 services, consideration shall be given to the reasonable costs of labor,
 materials and overhead necessarily incurred by  such  preferred  sources
 under  efficient  methods  of  procurement,  production, performance and
 administration; however, the prices of such products and services  shall
 be  as  close to prevailing market price as practicable, but in no event
 greater than fifteen percent above, the prevailing market  prices  among
 responsive offerors for the same or equivalent commodities or services.
   c.  Such qualified charitable non-profit-making agencies for the blind
 and other [severely] SIGNIFICANTLY disabled may make purchases of  mate-
 rials,  equipment or supplies, except printed material, from centralized
 contracts for commodities in accordance with the conditions set  by  the
 office  of general services; provided that the qualified charitable non-
 profit-making agency for the blind  or  other  [severely]  SIGNIFICANTLY
 disabled  shall  accept  sole  responsibility  for  any  payment due the
 vendor.
   d. Such qualified charitable non-profit-making agencies for the  blind
 and  other [severely] SIGNIFICANTLY disabled may make purchases of mate-
 rials, equipment and supplies directly from the correctional  industries
 program  administered  by  the commissioner of corrections and community
 supervision, subject to such rules as may be established  from  time  to
 time  pursuant to the correction law; provided that the qualified chari-
 table non-profit-making agency for the blind or other [severely] SIGNIF-
 ICANTLY disabled shall accept sole responsibility for  any  payment  due
 the department of corrections and community supervision.
   e.  The  commissioner  of  the  office of children and family services
 shall appoint the New York state commission  for  the  blind,  or  other
 non-profit-making  agency,  other than the agency representing the other
 [severely] SIGNIFICANTLY disabled, to  facilitate  the  distribution  of
 orders  among  qualified  non-profit-making  charitable agencies for the
 blind. The state commissioner of education shall appoint  a  non-profit-
 making  agency, other than the agency representing the blind, to facili-
 tate the distribution of orders among qualified non-profit-making chari-
 table agencies  for  the  other  severely  disabled  and  the  veterans'
 workshops.    [The  state commissioner of mental health shall facilitate
 the distribution of orders among qualified special  employment  programs

 S. 2005                            55                            A. 3005

 operated or approved by the office of mental health serving mentally ill
 persons.]
   f.  The  commissioner  may  request  the  state comptroller to conduct
 audits and examinations to be made of all records, books and data of any
 agency for the blind or the  other  [severely]  SIGNIFICANTLY  disabled,
 [any  special employment program for mentally ill persons] or any veter-
 ans' workshops qualified under this section to determine  the  costs  of
 manufacture  or  the rendering of services and the manner and efficiency
 of production and administration of such agency  or  special  employment
 program  or  veterans' workshop with relation to any product or services
 purchased by a state agency or political subdivision or  public  benefit
 corporation  and to furnish the results of such audit and examination to
 the commissioner for such action as he or she may deem appropriate under
 this section.
   § 2. This act shall take effect on the one hundred eightieth day after
 it shall have become a law.
 
                                  PART O
 
   Section 1. Subdivision 5 of section 54 of  the  workers'  compensation
 law,  as  amended  by section 23 of part GG of chapter 57 of the laws of
 2013, is amended to read as follows:
   5. Cancellation and termination of insurance contracts. No contract of
 insurance issued by an insurance carrier against liability arising under
 this chapter shall be cancelled within the time limited in such contract
 for its expiration unless notice is given as required by  this  section.
 When  cancellation  is  due  to non-payment of premiums and assessments,
 such cancellation shall not be effective until at least ten days after a
 notice of cancellation of such contract, on a  date  specified  in  such
 notice, shall be filed in the office of the chair and also served on the
 employer.  When cancellation is due to any reason other than non-payment
 of premiums and assessments, such cancellation shall  not  be  effective
 until  at  least  thirty  days  after  a  notice of cancellation of such
 contract, on a date specified in such notice,  shall  be  filed  in  the
 office  of the chair and also served on the employer; provided, however,
 in either case, that if the employer has secured insurance with  another
 insurance carrier which becomes effective prior to the expiration of the
 time  stated  in  such notice, the cancellation shall be effective as of
 the date of such other coverage. No insurer shall refuse  to  renew  any
 policy  insuring  against liability arising under this chapter unless at
 least thirty days prior to its expiration notice  of  intention  not  to
 renew  has  been filed in the office of the chair and also served on the
 employer.
   Such notice shall be served on the employer by delivering it  to  him,
 her  or  it or by sending it by mail, by certified or registered letter,
 return receipt requested, addressed to the employer at his, her  or  its
 last  known place of business; provided that, if the employer be a part-
 nership, then such notice may be so given to any of one of the partners,
 and if the employer be a corporation then the notice may be given to any
 agent or officer of the corporation  upon  whom  legal  process  may  be
 served;  and  further provided that an employer may designate any person
 or entity at any address to receive such  notice  including  the  desig-
 nation  of  one person or entity to receive notice on behalf of multiple
 entities insured under one insurance policy and that service  of  notice
 at  the address so designated upon the person or entity so designated by
 delivery or by mail, by certified or registered letter,  return  receipt

 S. 2005                            56                            A. 3005
 
 requested,  shall  satisfy  the  notice  requirement  of  this  section.
 [Provided, however, the]
   THE right to cancellation of a policy of insurance in the state INSUR-
 ANCE  fund  shall  be  exercised  only  for non-payment of premiums [and
 assessments], OR FAILURE BY THE EMPLOYER TO  COOPERATE  WITH  A  PAYROLL
 AUDIT, or as provided in section ninety-four of this chapter.
   THE  STATE INSURANCE FUND MAY CANCEL A POLICY FOR THE EMPLOYER'S FAIL-
 URE TO COOPERATE WITH A PAYROLL AUDIT IF THE EMPLOYER FAILS TO (I)  KEEP
 AN  APPOINTMENT  WITH  A PAYROLL AUDITOR, AFTER THE STATE INSURANCE FUND
 HAS MADE AT LEAST TWO ATTEMPTS TO SCHEDULE  AN  APPOINTMENT  DURING  THE
 EMPLOYER'S  REGULAR  BUSINESS  HOURS,  WHEN  SUCH  EMPLOYER  IS PROVIDED
 ADVANCE WRITTEN NOTICE OF SUCH APPOINTMENTS  OR  (II)  FURNISH  BUSINESS
 RECORDS IN THE COURSE OF A PAYROLL AUDIT AS REQUIRED PURSUANT TO SECTION
 NINETY-FIVE  OR ONE HUNDRED THIRTY-ONE OF THIS CHAPTER. AT LEAST FIFTEEN
 DAYS IN ADVANCE OF SENDING A NOTICE OF CANCELLATION FOR FAILURE TO COOP-
 ERATE WITH A PAYROLL AUDIT, THE STATE INSURANCE FUND SHALL SEND A  WARN-
 ING NOTICE TO THE EMPLOYER IN THE SAME MANNER AS PROVIDED IN THIS SUBDI-
 VISION FOR SERVING A NOTICE OF CANCELLATION. SUCH NOTICE SHALL SPECIFY A
 MEANS OF CONTACTING THE STATE INSURANCE FUND TO SET UP AN AUDIT APPOINT-
 MENT. THE STATE INSURANCE FUND WILL BE REQUIRED TO PROVIDE ONLY ONE SUCH
 WARNING  NOTICE  TO  AN EMPLOYER RELATED TO ANY PARTICULAR PAYROLL AUDIT
 PRIOR TO CANCELLATION.
   The provisions of this subdivision shall not  apply  with  respect  to
 policies containing coverage pursuant to subsection (j) of section three
 thousand  four  hundred  twenty  of  the insurance law relating to every
 policy providing comprehensive personal liability insurance  on  a  one,
 two, three or four family owner-occupied dwelling.
   In the event such cancellation or termination notice is not filed with
 the  chair  within  the  required  time period, the chair shall impose a
 penalty in the amount of up to five hundred  dollars  for  each  ten-day
 period  the insurance carrier or state insurance fund failed to file the
 notification. All penalties collected pursuant to this subdivision shall
 be deposited in the uninsured employers' fund.
   § 2. Section 93 of  the  workers'  compensation  law,  as  amended  by
 section  24  of part GG of chapter 57 of the laws of 2013, is amended to
 read as follows:
   § 93. Collection of premium in case of default. a. If  a  policyholder
 shall  default  in any payment required to be made by [him] SUCH POLICY-
 HOLDER to the state insurance fund OR SHALL FAIL  TO  COOPERATE  WITH  A
 PAYROLL  AUDIT AS SPECIFIED IN SUBDIVISION FIVE OF SECTION FIFTY-FOUR OF
 THIS CHAPTER, after due notice, [his] SUCH POLICYHOLDER'S  insurance  in
 the  state INSURANCE fund may be cancelled and the amount due from [him]
 SUCH POLICYHOLDER shall be collected by  civil  action  brought  against
 [him]  SUCH  POLICYHOLDER in any county wherein the state insurance fund
 maintains an office in the name of the commissioners of the state insur-
 ance fund and the same when collected, shall  be  paid  into  the  state
 insurance  fund,  and such policyholder's compliance with the provisions
 of this chapter requiring payments to be made  to  the  state  insurance
 fund  shall date from the time of the payment of said money to the state
 insurance fund.
   b. An employer, whose policy of insurance has been  cancelled  by  the
 state  insurance fund for non-payment of premium and assessments, OR FOR
 FAILURE TO COOPERATE WITH A  PAYROLL  AUDIT,  or  [withdraws]  CANCELLED
 pursuant  to  section  ninety-four  of  this  article,  is ineligible to
 contract for a subsequent policy of insurance with the  state  insurance
 fund  [while]  UNTIL  THE STATE INSURANCE FUND RECEIVES FULL COOPERATION

 S. 2005                            57                            A. 3005

 FROM SUCH EMPLOYER IN COMPLETING ANY  PAYROLL  AUDIT  ON  THE  CANCELLED
 POLICY  AND  the  billed premium on the cancelled policy [remains uncol-
 lected] IS PAID, INCLUDING ANY ADDITIONAL AMOUNTS BILLED  FOLLOWING  THE
 COMPLETION OF ANY PAYROLL AUDIT.
   c. The state insurance fund shall not be required to write a policy of
 insurance  for any employer which is owned or controlled or the majority
 interest of which is owned or controlled, directly or indirectly, by any
 person  who  directly  or  indirectly  owns  or  controls  or  owned  or
 controlled  at  the time of cancellation an employer whose former policy
 of insurance with the state insurance fund was cancelled for non-payment
 of premium and assessments, OR FOR FAILURE TO COOPERATE WITH  A  PAYROLL
 AUDIT,  or [withdraws] CANCELLED pursuant to section ninety-four of this
 article, or who is or was at the time  of  cancellation  the  president,
 vice-president,  secretary  or  treasurer  of such an employer until THE
 STATE INSURANCE FUND RECEIVES FULL COOPERATION  FROM  SUCH  EMPLOYER  IN
 COMPLETING  ANY  PAYROLL  AUDIT  AND the billed premium on the cancelled
 policy is paid, INCLUDING ANY ADDITIONAL AMOUNTS  BILLED  FOLLOWING  THE
 COMPLETION OF ANY PAYROLL AUDIT.
   For purposes of this subdivision, "person" [shall include individuals,
 partnerships,  corporations,  and other associations] MEANS ANY INDIVID-
 UAL, FIRM, COMPANY, PARTNERSHIP, CORPORATION, LIMITED LIABILITY COMPANY,
 JOINT VENTURE, JOINT-STOCK ASSOCIATION, ASSOCIATION, TRUST OR ANY  OTHER
 LEGAL ENTITY WHATSOEVER.
   D.  FOR  THE PURPOSES OF THIS SECTION, THE WORD "PREMIUM" INCLUDES ALL
 AMOUNTS REQUIRED TO BE PAID TO THE STATE INSURANCE  FUND  INCLUDING  ANY
 ASSESSMENT  BY  THE  BOARD  THAT  THE  STATE  INSURANCE FUND BILLS TO AN
 EMPLOYER.
   § 3. Section 95 of the workers' compensation law, as amended by  chap-
 ter 135 of the laws of 1998, is amended to read as follows:
   § 95. Record and audit of payrolls.  (1) Every employer who is insured
 in the state insurance fund shall keep a true and accurate record of the
 number  of  [his]  ITS  employees,  THE CLASSIFICATION OF ITS EMPLOYEES,
 INFORMATION REGARDING EMPLOYEE ACCIDENTS and the  wages  paid  by  [him]
 SUCH EMPLOYER, AS WELL AS SUCH RECORDS RELATING TO ANY PERSON PERFORMING
 SERVICES  UNDER  A  SUBCONTRACT  WITH  SUCH EMPLOYER THAT IS NOT COVERED
 UNDER THE SUBCONTRACTOR'S OWN WORKERS'  COMPENSATION  INSURANCE  POLICY,
 and  shall  furnish,  upon  demand, a sworn statement of the same.  Such
 record AND ANY OTHER RECORDS OF AN EMPLOYER CONTAINING SUCH  INFORMATION
 PERTAINING  TO  ANY  POLICY  PERIOD  INCLUDING,  BUT NOT LIMITED TO, ANY
 LEDGERS, JOURNALS,  REGISTERS,  VOUCHERS,  CONTRACTS,  TAX  RETURNS  AND
 REPORTS,  PAYROLL  AND  DISTRIBUTION  RECORDS, AND COMPUTER PROGRAMS FOR
 RETRIEVING DATA, CERTIFICATES OF INSURANCE PERTAINING TO  SUBCONTRACTORS
 AND ANY OTHER BUSINESS RECORDS SPECIFIED BY THE RULES OF THE BOARD shall
 be  open  to  inspection  BY THE STATE INSURANCE FUND at any time and as
 often as may be necessary to verify the number of employees  [and],  the
 amount  of  the payroll, THE CLASSIFICATION OF EMPLOYEES AND INFORMATION
 REGARDING EMPLOYEE ACCIDENTS.   Any employer  who  shall  fail  to  keep
 [such]  ANY record REQUIRED IN THIS SECTION, who shall willfully fail to
 furnish such record or who shall willfully falsify  any  such  record[,]
 shall  be guilty of a misdemeanor AND SUBJECT TO A FINE OF NOT LESS THAN
 FIVE THOUSAND DOLLARS NOR MORE THAN TEN THOUSAND DOLLARS IN ADDITION  TO
 ANY  OTHER  PENALTIES  OTHERWISE  PROVIDED  BY LAW, EXCEPT THAT ANY SUCH
 EMPLOYER THAT HAS PREVIOUSLY BEEN SUBJECT TO  CRIMINAL  PENALTIES  UNDER
 THIS  SECTION  WITHIN  THE  PRIOR TEN YEARS SHALL BE GUILTY OF A CLASS E
 FELONY, AND SUBJECT TO A FINE OF NOT LESS THAN TEN THOUSAND DOLLARS  NOR

 S. 2005                            58                            A. 3005
 
 MORE  THAN  TWENTY-FIVE  THOUSAND  DOLLARS  IN ADDITION TO ANY PENALTIES
 OTHERWISE PROVIDED BY LAW.
   (2)  Employers  subject to [subdivision] SUBSECTION (e) of section two
 thousand three hundred four of the insurance law and subdivision two  of
 section  eighty-nine  of  this  article  shall  keep a true and accurate
 record of hours worked for all  construction  classification  employees.
 The willful failure to keep such record, or the knowing falsification of
 any such record, may be prosecuted as insurance fraud in accordance with
 the provisions of section 176.05 of the penal law.
   § 4. Subdivision 1 of section 131 of the workers' compensation law, as
 amended by chapter 6 of the laws of 2007, is amended to read as follows:
   (1)  Every  employer  subject  to the provisions of this chapter shall
 keep a true and accurate record of  the  number  of  [his  or  her]  ITS
 employees,  the  classification  of ITS employees, information regarding
 employee accidents and the wages paid by [him or her] SUCH EMPLOYER  for
 a period of four years after each entry therein, [which] AS WELL AS SUCH
 RECORDS  RELATING  TO ANY PERSON PERFORMING SERVICES UNDER A SUBCONTRACT
 OF SUCH EMPLOYER THAT IS NOT COVERED UNDER THE SUBCONTRACTOR'S OWN WORK-
 ERS' COMPENSATION INSURANCE  POLICY.  SUCH  records  shall  be  open  to
 inspection  at  any time, and as often as may be necessary to verify the
 same by investigators of the board, by the authorized auditors, account-
 ants or inspectors of the carrier with whom the employer is insured,  or
 by  the  authorized  auditors, accountants or inspectors of any workers'
 compensation insurance  rating  board  or  bureau  operating  under  the
 authority of the insurance law and of which board or bureau such carrier
 is  a  member  or the group trust of which the employer is a member. Any
 and all records required by law to be kept by such employer  upon  which
 the  employer makes or files a return concerning wages paid to employees
 OR ANY OTHER RECORDS OF AN EMPLOYER CONTAINING SUCH INFORMATION RELEVANT
 TO ANY POLICY PERIOD INCLUDING BUT NOT LIMITED TO,  ANY  LEDGERS,  JOUR-
 NALS,  REGISTERS,  VOUCHERS, CONTRACTS, TAX RETURNS AND REPORTS, PAYROLL
 AND DISTRIBUTION RECORDS, AND COMPUTER  PROGRAMS  FOR  RETRIEVING  DATA,
 CERTIFICATES  OF  INSURANCE  PERTAINING  TO SUBCONTRACTORS AND ANY OTHER
 BUSINESS RECORDS SPECIFIED BY THE RULES OF THE BOARD shall form part  of
 the records described in this section and shall be open to inspection in
 the same manner as provided in this section. Any employer who shall fail
 to keep such records, who shall willfully fail to furnish such record as
 required in this section or who shall falsify any such records, shall be
 guilty  of a misdemeanor and subject to a fine of not less than five nor
 more than ten thousand dollars in addition to any other penalties other-
 wise provided by law, except that any such employer that has  previously
 been  subject  to criminal penalties under this section within the prior
 ten years shall be guilty of a class E felony, and subject to a fine  of
 not less than ten nor more than twenty-five thousand dollars in addition
 to any penalties otherwise provided by law.
   §  5.  This  act shall take effect on the ninetieth day after it shall
 have become a law and shall be applicable to policies issued or  renewed
 after such date.
 
                                  PART P
 
   Section  1.  Subdivision  2 of section 87 of the workers' compensation
 law, as added by section 20 of part GG of chapter  57  of  the  laws  of
 2013, is amended to read as follows:
   2.  Any of the surplus funds belonging to the state insurance fund, by
 order of the commissioners, approved by the superintendent of  financial

 S. 2005                            59                            A. 3005
 
 services,  may  be  invested (1) in the types of securities described in
 subdivisions one, two, three, four, five, six, eleven, twelve, twelve-a,
 thirteen, fourteen, fifteen, nineteen, twenty, twenty-one, twenty-one-a,
 twenty-four, twenty-four-a, twenty-four-b, twenty-four-c and twenty-five
 of  section  two  hundred  thirty-five of the banking law, OR (2) IN THE
 TYPES OF OBLIGATIONS DESCRIBED IN PARAGRAPH TWO  OF  SUBSECTION  (A)  OF
 SECTION  ONE THOUSAND FOUR HUNDRED FOUR OF THE INSURANCE LAW EXCEPT THAT
 UP TO TWENTY-FIVE PERCENT OF SURPLUS FUNDS  MAY  BE  INVESTED  IN  OBLI-
 GATIONS  RATED  INVESTMENT  GRADE  BY A NATIONALLY RECOGNIZED SECURITIES
 RATING ORGANIZATION, or[,] (3) up to fifty percent of surplus funds,  in
 the  types  of  securities or investments described in paragraphs [two,]
 three, eight and ten of subsection (a)  of  section  one  thousand  four
 hundred  four  of  the  insurance law, except that [up to ten percent of
 surplus funds may be invested] INVESTMENTS in  [the  securities  of  any
 solvent  American  institution as described in such paragraphs] DIVERSI-
 FIED INDEX FUNDS AND ACCOUNTS MAY BE MADE irrespective of the rating [of
 such institution's obligations] or other similar  qualitative  standards
 [described  therein, and] APPLICABLE UNDER SUCH PARAGRAPHS, OR (4) UP TO
 TEN PERCENT OF SURPLUS FUNDS, IN THE TYPES OF SECURITIES OR  INVESTMENTS
 DESCRIBED  IN PARAGRAPHS TWO, THREE AND TEN OF SUBSECTION (A) OF SECTION
 ONE THOUSAND FOUR HUNDRED FOUR OF THE INSURANCE LAW IRRESPECTIVE OF  THE
 RATING  OF  SUCH  INSTITUTION'S OBLIGATIONS OR OTHER SIMILAR QUALITATIVE
 STANDARD, OR (5) up to fifteen percent of surplus funds in securities or
 investments which do not otherwise qualify  for  investment  under  this
 section as shall be made with the care, prudence and diligence under the
 circumstances  then  prevailing  that  a prudent person acting in a like
 capacity and familiar with such matters would use in the conduct  of  an
 enterprise  of  a  like character and with like aims as provided for the
 state insurance fund under this  article,  but  shall  not  include  any
 direct  derivative instrument or derivative transaction except for hedg-
 ing purposes.  Notwithstanding any other provision in this  subdivision,
 the  aggregate  amount  that  the state insurance fund may invest in the
 types of securities or investments described in paragraphs three,  eight
 and  ten  of subsection (a) of section one thousand four hundred four of
 the insurance law and as a prudent person  acting  in  a  like  capacity
 would  invest  as  provided  in  this subdivision shall not exceed fifty
 percent of such surplus funds.  FOR PURPOSES OF  THIS  SUBDIVISION,  ANY
 FUNDS  APPROPRIATED PURSUANT TO THE PROVISIONS OF SUBDIVISION ONE OR TWO
 OF SECTION EIGHTY-SEVEN-F  OF  THIS  ARTICLE  SHALL  NOT  BE  CONSIDERED
 SURPLUS FUNDS.
   § 2. This act shall take effect immediately.
 
                                  PART Q

   Section 1. The civil service law is amended by adding a new section 66
 to read as follows:
   §  66.  TERM APPOINTMENTS IN INFORMATION TECHNOLOGY. 1. THE DEPARTMENT
 MAY AUTHORIZE A TERM APPOINTMENT  WITHOUT  EXAMINATION  TO  A  TEMPORARY
 POSITION  REQUIRING  SPECIAL  EXPERTISE OR QUALIFICATIONS IN INFORMATION
 TECHNOLOGY WITHIN THE OFFICE OF INFORMATION  TECHNOLOGY  SERVICES.  SUCH
 APPOINTMENTS  SHALL  BE  AUTHORIZED  ONLY  IN A CASE WHERE THE OFFICE OF
 INFORMATION TECHNOLOGY SERVICES CERTIFIES TO THE DEPARTMENT THAT BECAUSE
 OF THE TYPE OF SERVICES TO BE RENDERED, OR THE TEMPORARY  OR  OCCASIONAL
 CHARACTER OF SUCH SERVICES, IT WOULD NOT BE PRACTICABLE TO HOLD AN EXAM-
 INATION  OF  ANY  KIND.  SUCH  CERTIFICATION  SHALL BE A PUBLIC DOCUMENT
 PURSUANT TO THE PUBLIC OFFICERS  LAW  AND  SHALL  IDENTIFY  THE  SPECIAL

 S. 2005                            60                            A. 3005
 
 EXPERTISE  OR  QUALIFICATIONS  THAT  ARE REQUIRED AND WHY THEY CANNOT BE
 OBTAINED THROUGH AN APPOINTMENT FROM AN ELIGIBLE  LIST.  THE  DEPARTMENT
 SHALL  REVIEW THE CERTIFICATION TO CONFIRM THAT THE SPECIAL EXPERTISE OR
 QUALIFICATIONS  IDENTIFIED  BY  THE  OFFICE  OF  INFORMATION  TECHNOLOGY
 SERVICES CANNOT BE OBTAINED THROUGH  AN  APPOINTMENT  FROM  AN  ELIGIBLE
 LIST.  THE  MAXIMUM PERIOD FOR SUCH INITIAL TERM APPOINTMENT ESTABLISHED
 PURSUANT TO THIS SUBDIVISION SHALL NOT EXCEED SIXTY  MONTHS  AND,  OTHER
 THAN  AS  SET  FORTH  IN  SUBDIVISION  TWO OF THIS SECTION, SHALL NOT BE
 EXTENDED, AND THE MAXIMUM NUMBER OF SUCH APPOINTMENTS SHALL  NOT  EXCEED
 TWO HUNDRED FIFTY.
   2.  AT  LEAST FIFTEEN DAYS PRIOR TO MAKING A TERM APPOINTMENT PURSUANT
 TO THIS SECTION, THE APPOINTING AUTHORITY SHALL PUBLICLY  AND  CONSPICU-
 OUSLY  POST  IN ITS OFFICES INFORMATION ABOUT THE TEMPORARY POSITION AND
 THE REQUIRED QUALIFICATIONS AND SHALL ALLOW ANY  QUALIFIED  EMPLOYEE  TO
 APPLY  FOR  THE  POSITION.    IN  THE EVENT THAT A PERMANENT COMPETITIVE
 EMPLOYEE IS QUALIFIED FOR THE POSTED POSITION, THE APPOINTMENT  OF  SUCH
 EMPLOYEE SHALL TAKE PRECEDENCE OVER THE APPOINTMENT OF ANY TERM POSITION
 PURSUANT TO THIS SECTION. AN EMPLOYEE APPOINTED PURSUANT TO THIS SECTION
 WHO  HAS  COMPLETED  TWO  YEARS OF CONTINUOUS SERVICE UNDER THIS SECTION
 SHALL BE ELIGIBLE TO COMPETE IN PROMOTIONAL EXAMINATIONS THAT  ARE  ALSO
 OPEN  TO  OTHER  EMPLOYEES WHO HAVE PERMANENT CIVIL SERVICE APPOINTMENTS
 AND APPROPRIATE QUALIFICATIONS. IN THE EVENT THAT THE  DEPARTMENT  FAILS
 TO  CERTIFY A PROMOTIONAL LIST FOR AN EXAMINATION IN WHICH THE APPOINTEE
 HAS COMPETED WITHIN THE  INITIAL  SIXTY  MONTH  TERM  APPOINTMENT,  SUCH
 APPOINTMENT MAY BE EXTENDED BY THE DEPARTMENT, UPON CERTIFICATION OF THE
 APPOINTING  AUTHORITY, FOR PERIODS OF UP TO THIRTY-SIX MONTHS UNTIL SUCH
 TIME AS A PROMOTIONAL LIST RESULTING FROM THE EXAMINATION IN  WHICH  THE
 EMPLOYEE COMPETED IS CERTIFIED.
   3.  A  TEMPORARY  POSITION ESTABLISHED PURSUANT TO THIS SECTION MAY BE
 ABOLISHED FOR REASON OF ECONOMY, CONSOLIDATION  OR  ABOLITION  OF  FUNC-
 TIONS, CURTAILMENT OF ACTIVITIES OR OTHERWISE. UPON SUCH ABOLITION OR AT
 THE  END  OF  THE  TERM  OF  THE APPOINTMENT, THE PROVISIONS OF SECTIONS
 SEVENTY-EIGHT, SEVENTY-NINE, EIGHTY AND EIGHTY-ONE OF THIS CHAPTER SHALL
 NOT APPLY.  IN THE EVENT OF A REDUCTION OF WORKFORCE PURSUANT TO SECTION
 EIGHTY OF THIS CHAPTER AFFECTING INFORMATION TECHNOLOGY  POSITIONS,  THE
 TERM  APPOINTMENTS  PURSUANT TO THIS SECTION SHALL BE ABOLISHED PRIOR TO
 THE ABOLITION OF  PERMANENT  COMPETITIVE  CLASS  INFORMATION  TECHNOLOGY
 POSITIONS  AT  SUCH  AGENCY INVOLVING COMPARABLE SKILLS AND RESPONSIBIL-
 ITIES.
   § 2. Notwithstanding any provision of law to the contrary, the depart-
 ment of civil service may limit certification from the following  eligi-
 ble  lists to those who are eligible and identified as having knowledge,
 skills or certifications, or any combination thereof, by the  appointing
 authority as necessary to perform the duties of certain positions:
 Information Technology Specialist 4                               G-25
 Information Technology Specialist 4 (Data Communications)         G-25
 Information Technology Specialist 4 (Systems Programming)         G-25
 Manager Information Technology Services 1                         G-27
 Manager Information Technology Services 1 (Data Communications)   G-27
 Manager Information Technology Services 1 (Database)              G-27
 Manager Information Technology Services 1 (Systems Programming)   G-27
 Manager Information Technology Services 2                         G-29
 Manager Information Technology Services 2 (Technical)             G-29
   § 3. This act shall take effect immediately.
 
                                  PART R

 S. 2005                            61                            A. 3005
 
   Section  1. Subdivisions 1 and 2 of section 3-a of the general munici-
 pal law, subdivision 1 as amended by chapter 4 of the laws of 1991,  and
 subdivision 2 as amended by chapter 777 of the laws of 1978, are amended
 to read as follows:
   1.  Except  as  provided  in  subdivisions  two, four and five of this
 section, the rate of interest to be paid by a municipal corporation upon
 any judgment or accrued claim against the  municipal  corporation  shall
 [not  exceed nine per centum per annum] BE CALCULATED AT A RATE EQUAL TO
 THE WEEKLY  AVERAGE  ONE  YEAR  CONSTANT  MATURITY  TREASURY  YIELD,  AS
 PUBLISHED  BY  THE BOARD OF GOVERNORS OF THE FEDERAL RESERVE SYSTEM, FOR
 THE CALENDAR WEEK PRECEDING THE DATE OF THE ENTRY OF THE JUDGMENT AWARD-
 ING DAMAGES.  IN NO EVENT, HOWEVER, SHALL A MUNICIPAL CORPORATION PAY  A
 RATE  OF  INTEREST  ON  ANY JUDGMENT OR ACCRUED CLAIM EXCEEDING NINE PER
 CENTUM PER ANNUM.
   2. The rate of interest to be paid upon any judgment or accrued  claim
 against the municipal corporation rising out of condemnation proceedings
 or  action  to  recover damages for wrongful death shall [not exceed six
 per centum per annum] BE CALCULATED AT A RATE EQUAL TO THE WEEKLY  AVER-
 AGE ONE YEAR CONSTANT MATURITY TREASURY YIELD, AS PUBLISHED BY THE BOARD
 OF  GOVERNORS  OF  THE  FEDERAL  RESERVE  SYSTEM,  FOR THE CALENDAR WEEK
 PRECEDING THE DATE OF THE ENTRY OF THE JUDGEMENT AWARDING DAMAGES. IN NO
 EVENT, HOWEVER, SHALL A MUNICIPAL CORPORATION PAY A RATE OF INTEREST  ON
 ANY JUDGMENT OR ACCRUED CLAIM EXCEEDING SIX PER CENTUM PER ANNUM.
   §  2.  Subdivision  5  of  section  157  of the public housing law, as
 amended by chapter 681 of the laws  of  1982,  is  amended  to  read  as
 follows:
   5.  The  rate of interest to be paid by an authority upon any judgment
 or accrued claim against the authority shall [not exceed nine per centum
 per annum] BE CALCULATED AT A RATE EQUAL TO THE WEEKLY AVERAGE ONE  YEAR
 CONSTANT MATURITY TREASURY YIELD, AS PUBLISHED BY THE BOARD OF GOVERNORS
 OF  THE FEDERAL RESERVE SYSTEM, FOR THE CALENDAR WEEK PRECEDING THE DATE
 OF THE ENTRY OF THE JUDGMENT AWARDING DAMAGES.   IN NO  EVENT,  HOWEVER,
 SHALL  AN  AUTHORITY  PAY  A RATE OF INTEREST ON ANY JUDGMENT OR ACCRUED
 CLAIM EXCEEDING NINE PER CENTUM PER ANNUM.
   § 3. Section 16 of the state finance law, as amended by chapter 681 of
 the laws of 1982, is amended to read as follows:
   § 16. Rate of interest on judgments and  accrued  claims  against  the
 state.    The rate of interest to be paid by the state upon any judgment
 or accrued claim against the state shall [not exceed nine per centum per
 annum] BE CALCULATED AT A RATE EQUAL TO  THE  WEEKLY  AVERAGE  ONE  YEAR
 CONSTANT MATURITY TREASURY YIELD, AS PUBLISHED BY THE BOARD OF GOVERNORS
 OF  THE FEDERAL RESERVE SYSTEM, FOR THE CALENDAR WEEK PRECEDING THE DATE
 OF THE ENTRY OF THE JUDGMENT AWARDING DAMAGES.  IN  NO  EVENT,  HOWEVER,
 SHALL  THE STATE PAY A RATE OF INTEREST ON ANY JUDGMENT OR ACCRUED CLAIM
 EXCEEDING NINE PER CENTUM PER ANNUM.
   § 4. Section 1 of chapter 585 of the laws of  1939,  relating  to  the
 rate  of  interest  to be paid by certain public corporations upon judg-
 ments and accrued claims, as amended by chapter 681 of the laws of 1982,
 is amended to read as follows:
   Section 1. The rate of interest to be paid  by  a  public  corporation
 upon  any judgment or accrued claim against the public corporation shall
 [not exceed nine per centum per annum] BE CALCULATED AT A RATE EQUAL  TO
 THE  WEEKLY  AVERAGE  ONE  YEAR  CONSTANT  MATURITY  TREASURY  YIELD, AS
 PUBLISHED BY THE BOARD OF GOVERNORS OF THE FEDERAL RESERVE  SYSTEM,  FOR
 THE CALENDAR WEEK PRECEDING THE DATE OF THE ENTRY OF THE JUDGMENT AWARD-
 ING DAMAGES. IN NO EVENT, HOWEVER, SHALL A PUBLIC CORPORATION PAY A RATE

 S. 2005                            62                            A. 3005
 
 OF  INTEREST  ON ANY JUDGMENT OR ACCRUED CLAIM EXCEEDING NINE PER CENTUM
 PER ANNUM. The term "public corporation" as used in this act shall  mean
 and  include  every  corporation  created for the construction of public
 improvements,  other than a county, city, town, village, school district
 or fire district or an improvement district established  in  a  town  or
 towns,  and  possessing  both the power to contract indebtedness and the
 power to collect rentals, charges, rates or fees for services or facili-
 ties furnished or supplied.
   § 5. This act shall take effect immediately, and shall  be  deemed  to
 have been in full force and effect on and after April 1, 2017.
 
                                  PART S
 
   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:
   § 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
 MAY  FIRST,  TWO  THOUSAND  SEVENTEEN an amount [equal to] NOT TO EXCEED
 $104.90 PER MONTH FOR the STANDARD  MEDICARE  premium  charge  for  such
 supplementary  medical  insurance  benefits  for  such active or retired
 employee and his or her dependents WHO ENROLLED IN MEDICARE ON OR BEFORE
 DECEMBER THIRTY-FIRST, TWO THOUSAND  FIFTEEN,  if  any,  shall  be  paid
 monthly  or  at  other intervals to such active or retired employee from
 the health insurance fund.  FOR AN ACTIVE OR RETIRED EMPLOYEE OR HIS  OR
 HER  DEPENDENTS  WHO ENROLLED IN MEDICARE ON OR AFTER JANUARY FIRST, TWO
 THOUSAND SIXTEEN, THE LESSER OF  $121.80  PER  MONTH  OR  THE  CURRENTLY
 APPLICABLE  STANDARD  MEDICARE  PREMIUM  CHARGE  FOR  SUCH SUPPLEMENTARY
 MEDICAL INSURANCE BENEFITS FOR SUCH ACTIVE OR RETIRED EMPLOYEE  AND  HIS
 OR  HER  DEPENDENTS, IF ANY, SHALL BE PAID MONTHLY OR AT OTHER INTERVALS
 TO SUCH ACTIVE OR RETIRED  EMPLOYEE  FROM  THE  HEALTH  INSURANCE  FUND.
 FURTHERMORE,  EFFECTIVE  JANUARY  FIRST,  TWO  THOUSAND SEVENTEEN, THERE
 SHALL BE NO PAYMENT WHATSOEVER FOR THE INCOME RELATED MONTHLY ADJUSTMENT
 AMOUNT FOR AMOUNTS (PREMIUMS) INCURRED ON OR AFTER  JANUARY  FIRST,  TWO
 THOUSAND  SEVENTEEN  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 organiza-
 tions of the state eligible for participation in the health benefit plan
 as authorized by subdivision two of section one hundred  sixty-three  of
 this  article, shall be adjusted as necessary to cover the cost of reim-
 bursing federal old-age,  survivors  and  disability  insurance  program
 premium  charges  under this section. This cost shall be included in the
 calculation of premium  or  subscription  charges  for  health  coverage
 provided to employees and retired employees of the state, public author-
 ities,  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

 S. 2005                            63                            A. 3005
 
 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.
   §  2.  This  act  shall take effect immediately and shall apply on and
 after May 1, 2017 for the standard medicare  premium  amount  and  shall
 apply  on  January  1,  2017  for  the income related monthly adjustment
 amount for amounts (premiums) incurred on or after January 1, 2017.
 
                                  PART T
 
   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  SEVEN-
 TEEN 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 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-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

 S. 2005                            64                            A. 3005
 
 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:
   (1) MEMBERS OF THE NEW YORK STATE AND LOCAL POLICE AND FIRE RETIREMENT
 SYSTEM;
   (2)  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
   (3)  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  COST  OF   PREMIUM   OR
 SUBSCRIPTION  CHARGES 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 SEVENTEEN, THE STATE
 SHALL CONSIDER ALL YEARS OF SERVICE THAT A RETIRED  STATE  EMPLOYEE  HAS
 ACCRUED  IN  A  PUBLIC  RETIREMENT  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 INSURANCE PROGRAM AS A RETIREE.
   § 2. This act shall take effect October 1, 2017.
 
                                  PART U

 S. 2005                            65                            A. 3005
 
   Section 1. Article 4 of the municipal home  rule  law  is  amended  by
 adding a new part 4 to read as follows:
                                  PART 4
           COUNTY-WIDE SHARED SERVICES PROPERTY TAX SAVINGS PLAN
 SECTION 39. COUNTY-WIDE SHARED SERVICES PROPERTY TAX SAVINGS PLAN.
   §  39.  COUNTY-WIDE  SHARED  SERVICES  PROPERTY  TAX  SAVINGS PLAN. 1.
 NOTWITHSTANDING THE PROVISIONS OF THIS CHAPTER, THE  ALTERNATIVE  COUNTY
 GOVERNMENT  LAW,  OR  ANY  OTHER  GENERAL,  SPECIAL  OR LOCAL LAW TO THE
 CONTRARY, THE CHIEF EXECUTIVE OFFICER OF EACH COUNTY OUTSIDE OF  A  CITY
 OF  ONE  MILLION  OR  MORE SHALL PREPARE A PROPERTY TAX SAVINGS PLAN FOR
 SHARED, COORDINATED AND EFFICIENT SERVICES  AMONG  THE  COUNTY,  CITIES,
 TOWNS AND VILLAGES WITHIN SUCH COUNTY.
   2. THE MAYOR OF EACH CITY AND VILLAGE IN SUCH COUNTY, AND THE SUPERVI-
 SOR  OF EACH TOWN IN SUCH COUNTY, SHALL INFORM SUCH PROPERTY TAX SAVINGS
 PLAN. THE CHIEF EXECUTIVE OFFICER OF THE  COUNTY  SHALL  SEEK  CONSENSUS
 AMONG  SUCH  MAYORS  AND SUPERVISORS PRIOR TO SUBMISSION OF THE PROPERTY
 TAX SAVINGS PLAN TO THE COUNTY LEGISLATIVE BODY AS SET FORTH IN SUBDIVI-
 SION FOUR OF THIS SECTION. PUBLIC INPUT SHALL INFORM SUCH  PROPERTY  TAX
 SAVINGS  PLAN,  IN  ADDITION  TO  INPUT FROM CIVIC, BUSINESS, LABOR, AND
 COMMUNITY LEADERS. ANY SUCH INPUT SHALL  BE  PROVIDED  AT  ONE  OR  MORE
 PUBLIC HEARINGS TO BE HELD WITHIN THE COUNTY.
   3. SUCH PROPERTY TAX SAVINGS PLAN SHALL CONTAIN NEW RECURRING PROPERTY
 TAX SAVINGS THROUGH ACTIONS SUCH AS, BUT NOT LIMITED TO, THE ELIMINATION
 OF  DUPLICATIVE  SERVICES;  SHARED  SERVICES,  SUCH AS JOINT PURCHASING,
 SHARED HIGHWAY EQUIPMENT,  SHARED  STORAGE  FACILITIES,  SHARED  PLOWING
 SERVICES, AND ENERGY AND INSURANCE PURCHASING COOPERATIVES; REDUCTION IN
 BACK   OFFICE   ADMINISTRATIVE  OVERHEAD;  AND  BETTER  COORDINATION  OF
 SERVICES.
   4. THE CHIEF EXECUTIVE OFFICER OF THE COUNTY SHALL SUBMIT SUCH PROPER-
 TY TAX SAVINGS PLAN TO THE COUNTY LEGISLATIVE BODY NO LATER THAN  AUGUST
 FIRST,  TWO  THOUSAND SEVENTEEN. SUCH PROPERTY TAX SAVINGS PLAN SHALL BE
 ACCOMPANIED BY A  CERTIFICATION  AS  TO  THE  ACCURACY  OF  THE  SAVINGS
 CONTAINED  THEREIN.  SUCH CERTIFICATION SHALL ALSO BE TRANSMITTED TO THE
 DIRECTOR OF THE DIVISION OF  THE  BUDGET  NO  LATER  THAN  THE  DATE  OF
 SUBMISSION.
   5.  THE  COUNTY LEGISLATIVE BODY SHALL REVIEW SUCH PLAN AND A MAJORITY
 OF THE MEMBERS OF SUCH BODY MAY MAKE MODIFICATIONS AS  DEEMED  NECESSARY
 TO ENSURE COMPLIANCE WITH THIS SECTION. IF MODIFICATIONS ARE MADE BY THE
 COUNTY  LEGISLATIVE  BODY,  THE  CHIEF  EXECUTIVE OFFICER OF SUCH COUNTY
 SHALL TRANSMIT TO THE DIRECTOR OF THE DIVISION OF THE BUDGET  A  CERTIF-
 ICATION OF THE AMENDED PROPERTY TAX SAVINGS. THE CHIEF EXECUTIVE OFFICER
 SHALL  FINALIZE  SUCH  PROPERTY TAX SAVINGS PLAN NO LATER THAN SEPTEMBER
 FIFTEENTH, TWO THOUSAND  SEVENTEEN,  AND  THE  PLAN  SHALL  BE  PUBLICLY
 DISSEMINATED TO RESIDENTS OF THE COUNTY.
   6.  AT  THE GENERAL ELECTION OCCURRING IN NOVEMBER TWO THOUSAND SEVEN-
 TEEN, THE COUNTY LEGISLATIVE BODY SHALL CAUSE THE QUESTION OF WHETHER TO
 IMPLEMENT THE PROVISIONS OF SUCH FINALIZED PLAN  TO  BE  PLACED  ON  THE
 BALLOT AND VOTED ON BY THE QUALIFIED ELECTORS OF THE COUNTY. IF APPROVED
 BY  A  MAJORITY OF SUCH ELECTORS, THE PLAN SHALL BE IMPLEMENTED NO LATER
 THAN JANUARY FIRST, TWO THOUSAND EIGHTEEN.
   ANY SUCH FINALIZED PROPERTY TAX SAVINGS  PLAN  WHICH  WOULD  HAVE  THE
 EFFECT OF TRANSFERRING OR ABOLISHING A FUNCTION OR DUTY OF THE COUNTY OR
 OF  THE  CITIES, TOWNS, VILLAGES, DISTRICTS OR OTHER UNITS OF GOVERNMENT
 WHOLLY CONTAINED IN THE COUNTY, SHALL NOT BECOME  OPERATIVE  UNLESS  AND
 UNTIL  IT  IS APPROVED IN ACCORDANCE WITH SUBDIVISION (H) OF SECTION ONE
 OF ARTICLE NINE OF THE STATE CONSTITUTION.

 S. 2005                            66                            A. 3005
 
   7. IF THE PROPERTY TAX SAVINGS PLAN SHALL FAIL TO OBTAIN APPROVAL OF A
 MAJORITY OF THE ELECTORS VOTING ON THE PLAN IN ACCORDANCE WITH  SUBDIVI-
 SION  SIX  OF  THIS  SECTION, THE CHIEF EXECUTIVE OFFICER OF THE COUNTY,
 WITH INPUT FROM THE MAYOR OF EACH CITY AND VILLAGE IN SUCH  COUNTY,  AND
 THE  SUPERVISOR  OF EACH TOWN IN SUCH COUNTY, SHALL RECEIVE AND RESUBMIT
 SUCH PLAN TO THE COUNTY LEGISLATIVE BODY NO LATER THAN AUGUST FIRST, TWO
 THOUSAND EIGHTEEN. PUBLIC INPUT SHALL INFORM SUCH  RESUBMITTED  PROPERTY
 TAX  SAVINGS PLAN, IN ADDITION TO INPUT FROM CIVIC, BUSINESS, LABOR, AND
 COMMUNITY LEADERS. ANY SUCH INPUT SHALL  BE  PROVIDED  AT  ONE  OR  MORE
 PUBLIC  HEARINGS TO BE HELD WITHIN THE COUNTY. SUCH PLAN SHALL BE ACCOM-
 PANIED BY A CERTIFICATION AS TO THE ACCURACY OF  THE  SAVINGS  CONTAINED
 THEREIN. SUCH CERTIFICATION SHALL ALSO BE TRANSMITTED TO THE DIRECTOR OF
 THE  DIVISION  OF THE BUDGET NO LATER THAN THE DATE OF RESUBMISSION. THE
 COUNTY LEGISLATIVE BODY SHALL REVIEW SUCH RESUBMITTED PLAN.  A  MAJORITY
 OF  THE  MEMBERS OF SUCH BODY MAY MAKE MODIFICATIONS AS DEEMED NECESSARY
 TO ENSURE COMPLIANCE WITH THIS SECTION. IF MODIFICATIONS ARE MADE BY THE
 COUNTY LEGISLATIVE BODY, THE CHIEF  EXECUTIVE  OFFICER  OF  SUCH  COUNTY
 SHALL  TRANSMIT  TO THE DIRECTOR OF THE DIVISION OF THE BUDGET A CERTIF-
 ICATION OF AMENDED PROPERTY TAX SAVINGS.  THE  CHIEF  EXECUTIVE  OFFICER
 SHALL FINALIZE SUCH PLAN NO LATER THAN SEPTEMBER FIFTEENTH, TWO THOUSAND
 EIGHTEEN,  AND  THE PLAN SHALL BE PUBLICLY DISSEMINATED TO THE RESIDENTS
 OF THE COUNTY. AT THE GENERAL ELECTION OCCURRING IN NOVEMBER  TWO  THOU-
 SAND  EIGHTEEN,  THE COUNTY LEGISLATIVE BODY SHALL CAUSE THE QUESTION OF
 WHETHER TO IMPLEMENT THE PROVISIONS OF SUCH FINALIZED  RESUBMITTED  PLAN
 TO BE PLACED ON THE BALLOT AND VOTED ON BY THE QUALIFIED ELECTORS OF THE
 COUNTY. IF APPROVED BY A MAJORITY OF SUCH ELECTORS, THE RESUBMITTED PLAN
 SHALL BE IMPLEMENTED NO LATER THAN JANUARY FIRST, TWO THOUSAND NINETEEN.
   ANY  SUCH  FINALIZED RESUBMITTED PROPERTY TAX SAVINGS PLAN WHICH WOULD
 HAVE THE EFFECT OF TRANSFERRING OR ABOLISHING A FUNCTION OR DUTY OF  THE
 COUNTY  OR  OF  THE CITIES, TOWNS, VILLAGES, DISTRICTS OR OTHER UNITS OF
 GOVERNMENT WHOLLY CONTAINED IN THE COUNTY, SHALL  NOT  BECOME  OPERATIVE
 UNLESS  AND  UNTIL  IT IS APPROVED IN ACCORDANCE WITH SUBDIVISION (H) OF
 SECTION ONE OF ARTICLE NINE OF THE STATE CONSTITUTION.
   8. FOR THE PURPOSES OF THIS PART "CHIEF EXECUTIVE OFFICER"  MEANS  THE
 COUNTY EXECUTIVE, COUNTY MANAGER OR OTHER CHIEF EXECUTIVE OF THE COUNTY,
 OR WHERE NONE, THE CHAIR OF THE COUNTY LEGISLATIVE BODY.
   § 2. This act shall take effect immediately.
 
                                  PART V
 
   Section 1. Section 292 of the executive law is amended by adding a new
 subdivision 35 to read as follows:
   35.  THE  TERM  "EDUCATIONAL  INSTITUTION", WHEN USED IN THIS ARTICLE,
 SHALL MEAN:
   (A) ANY EDUCATION CORPORATION OR ASSOCIATION WHICH HOLDS ITSELF OUT TO
 THE PUBLIC TO BE NON-SECTARIAN AND EXEMPT FROM TAXATION PURSUANT TO  THE
 PROVISIONS OF ARTICLE FOUR OF THE REAL PROPERTY TAX LAW; OR
   (B) ANY PUBLIC SCHOOL, INCLUDING ANY SCHOOL DISTRICT, BOARD OF COOPER-
 ATIVE EDUCATIONAL SERVICES, PUBLIC COLLEGE, OR PUBLIC UNIVERSITY.
   §  2. Subdivision 4 of section 296 of the executive law, as amended by
 chapter 106 of the laws of 2003, is amended to read as follows:
   4. It shall be an unlawful discriminatory practice for  an  [education
 corporation  or  association  which holds itself out to the public to be
 non-sectarian and exempt from taxation pursuant  to  the  provisions  of
 article  four  of  the real property tax law] EDUCATIONAL INSTITUTION to
 deny the use of its facilities to any person otherwise qualified, or  to

 S. 2005                            67                            A. 3005
 
 permit  the  harassment  of  any  student or applicant, by reason of his
 race, color, religion, disability, national origin, sexual  orientation,
 military status, sex, age or marital status, except that any such insti-
 tution  which  establishes or maintains a policy of educating persons of
 one sex exclusively may admit students of only one sex.
   § 3. This act shall take effect immediately.
 
                                  PART W
 
   Section 1. The public authorities law  is  amended  by  adding  a  new
 section 1680-s to read as follows:
   § 1680-S. NEW YORK STATE CONSOLIDATED LABORATORY PROJECT ACT. 1. SHORT
 TITLE.  THIS  SECTION  SHALL  BE KNOWN AND MAY BE CITED AS THE "NEW YORK
 STATE CONSOLIDATED LABORATORY PROJECT ACT".
   2. LEGISLATIVE FINDINGS AND DECLARATIONS. THE LEGISLATURE HEREBY FINDS
 AND DECLARES AS FOLLOWS:
   (A) PROCUREMENT FINDINGS AND DECLARATIONS. (I) PUBLIC  WORKS  PROJECTS
 IN  NEW YORK HAVE TYPICALLY BEEN DELIVERED USING THE TRADITIONAL DESIGN-
 BID-BUILD PROJECT DELIVERY METHOD, UNDER WHICH  SEPARATE  CONTRACTS  ARE
 LET  FOR  DESIGN  ON  A  QUALIFICATIONS  BASIS AND FOR CONSTRUCTION ON A
 LOWEST RESPONSIBLE BIDDER BASIS.
   (II) EXPERIENCE IN NEW YORK AND IN A LARGE NUMBER OF OTHER STATES  HAS
 SUCCESSFULLY  DEMONSTRATED  THAT  USING ALTERNATIVE PROJECT DELIVERY FOR
 MAJOR PUBLIC WORKS CAN PROVIDE SEVERAL ADVANTAGES OVER  DESIGN-BID-BUILD
 DELIVERY.  ALTERNATIVE PROJECT DELIVERY INVOLVES PROCURING A CONTRACT OR
 CONTRACTS UNDER A COMPETITIVE PROPOSAL PROCESS IN WHICH BOTH  PRICE  AND
 NON-PRICE  FACTORS SUCH AS TECHNICAL, FINANCIAL AND COMMERCIAL MERIT ARE
 USED TO SELECT THE CONTRACTOR OR CONTRACTORS. ALTERNATIVE PROJECT DELIV-
 ERY METHODS INCLUDE THE DESIGN-BUILD DELIVERY METHOD,  THE  CONSTRUCTION
 MANAGER  BUILD  DELIVERY  METHOD,  AND  THE CONSTRUCTION MANAGER-AT-RISK
 DELIVERY METHOD.
   (III) THE POTENTIAL ADVANTAGES TO THE PUBLIC  OF  ALTERNATIVE  PROJECT
 DELIVERY GENERALLY INCLUDE:
   (A) EXPEDITING PROJECT DELIVERY;
   (B) IMPROVING PROJECT INNOVATION, QUALITY AND EFFICIENCY;
   (C) REDUCING AND GUARANTEEING DESIGN AND CONSTRUCTION COSTS;
   (D)  PERMITTING  THE  SELECTION  OF THE HIGHEST QUALIFIED DESIGNER AND
 BUILDER TEAM BASED ON PAST PERFORMANCE AND DEMONSTRATED CAPABILITY;
   (E) INCREASING COMPETITION FOR DESIGN AND CONSTRUCTION SERVICES;
   (F) ENHANCING COLLABORATION AMONG THE DESIGNER AND BUILDER; AND
   (G) REDUCING CHANGE ORDERS.
   (B)  PROJECT  FINDINGS  AND  DECLARATIONS.  (I)  WADSWORTH  CENTER  IS
 CURRENTLY SPREAD ACROSS FIVE SEPARATE LOCATIONS IN THE CAPITAL DISTRICT,
 CREATING  INEFFICIENCIES  AND  DUPLICATION OF OPERATIONAL SERVICES. MORE
 THAN HALF OF THE LABORATORIES WERE BUILT IN THE 1930'S  AND  1960'S  AND
 ARE CONSIDERED END-OF-LIFE. INDEPENDENT FACILITY ASSESSMENTS HAVE ESTAB-
 LISHED THAT THE REMEDIATION OF SUCH FACILITIES THROUGH RENOVATION IS NOT
 FEASIBLE,  OR  COST-EFFECTIVE.  ACCORDINGLY,  SUCH  FACILITIES  MUST  BE
 REPLACED.
   (II) CONSOLIDATING SUCH LABORATORIES AND RELATED FACILITIES WILL SERVE
 TO: STRENGTHEN AND ADVANCE PUBLIC  HEALTH  AND  PREPAREDNESS  STRATEGIES
 THROUGHOUT  THE  STATE; REPLACE ANTIQUATED FACILITIES THAT ARE COSTLY TO
 OPERATE AND ARE A HINDRANCE TO SCIENTIFIC PROGRESS; RESULT IN A  SMALLER
 OVERALL  FOOTPRINT  THAN  THE COMBINED FOOTPRINT OF THE EXISTING FACILI-
 TIES; ESTABLISH A SUSTAINABLE, MODERNIZED, AND  CONSOLIDATED  LABORATORY
 CAMPUS;  PROVIDE  FACILITIES WITH IMPROVED EFFICIENCY AND RELIABILITY OF

 S. 2005                            68                            A. 3005
 
 OPERATIONS AND MAINTENANCE; PROMOTE ECONOMIC AND  INTELLECTUAL  PROPERTY
 DEVELOPMENT;  AND  PROVIDE OPPORTUNITIES TO GENERATE SAVINGS FROM SYNER-
 GIES AND SHARED SERVICES WITH OTHER AGENCIES.
   (III)  A  NEW  CONSOLIDATED  LABORATORY  FACILITY  WILL PROVIDE A MORE
 MODERN AND EFFICIENT WORK ENVIRONMENT FOR PUBLIC EMPLOYEES.
   (IV) A NEW LABORATORY  FACILITY  MAY  PROVIDE  OPPORTUNITIES  TO  HOST
 PRIVATE  USERS  THAT  COULD  COMPLEMENT  THE  OPERATIONS AND WORK OF THE
 CONSOLIDATED LABORATORY OR ENHANCE ITS ECONOMIC BENEFITS TO THE STATE.
   (V) UTILIZATION OF AN ALTERNATIVE PROJECT DELIVERY METHOD TO BE DETER-
 MINED BY DASNY, IN CONSULTATION WITH THE DEPARTMENT, IS APPROPRIATE  FOR
 THE  DEVELOPMENT OF A NEW CONSOLIDATED LABORATORY FACILITY AND IS IN THE
 BEST INTERESTS OF THE PUBLIC.
   3. DEFINITIONS. FOR THE PURPOSES OF THIS ACT:
   (A) "BEST VALUE" SHALL MEAN THE BASIS FOR AWARDING A PROJECT AGREEMENT
 TO THE OFFERER THAT OPTIMIZES THE QUALITY, COST, EFFICIENCY,  PRICE  AND
 PERFORMANCE  CRITERIA OF THE PROJECT. SUCH BASIS MAY INCLUDE, BUT IS NOT
 LIMITED TO:
   (I) THE QUALITY OF THE OFFERER'S PERFORMANCE ON PREVIOUS PROJECTS;
   (II) THE TIMELINESS OF THE OFFERER'S PERFORMANCE ON PREVIOUS PROJECTS;
   (III) THE LEVEL OF CUSTOMER SATISFACTION WITH THE  OFFERER'S  PERFORM-
 ANCE ON PREVIOUS PROJECTS;
   (IV)  THE  OFFERER'S  RECORD OF PERFORMING PREVIOUS PROJECTS ON BUDGET
 AND ITS ABILITY TO MINIMIZE COST OVERRUNS;
   (V) THE OFFERER'S ABILITY TO INCORPORATE INNOVATIVE  IDEAS  AND  LIMIT
 CHANGE ORDERS;
   (VI) THE OFFERER'S ABILITY TO PREPARE APPROPRIATE PROJECT PLANS;
   (VII) THE OFFERER'S FINANCIAL STRENGTH AND TECHNICAL CAPACITIES;
   (VIII)  THE  INDIVIDUAL QUALIFICATIONS OF THE OFFERER'S KEY PERSONNEL;
 AND
   (IX) THE OFFERER'S ABILITY TO ASSESS AND MANAGE RISK AND MINIMIZE RISK
 IMPACT.
   SUCH BASIS SHALL REFLECT, WHEREVER POSSIBLE, OBJECTIVE  AND  QUANTIFI-
 ABLE ANALYSIS.
   (B) "COMPTROLLER" SHALL MEAN THE STATE COMPTROLLER.
   (C) "CONSTRUCTION MANAGER-AT-RISK DELIVERY METHOD" SHALL MEAN A DELIV-
 ERY  METHOD  IN  WHICH  DASNY,  IN  CONSULTATION  WITH  THE  DEPARTMENT,
 CONTRACTS WITH AN ARCHITECT OR  ENGINEER  FOR  DESIGN  AND  CONSTRUCTION
 PHASE  SERVICES  AND CONTRACTS SEPARATELY WITH A CONSTRUCTION MANAGER TO
 PROVIDE CONSULTATION DURING THE DESIGN PHASE OF THE PROJECT AND TO SERVE
 AS THE GENERAL CONTRACTOR DURING THE CONSTRUCTION PHASE OF THE PROJECT.
   (D) "CONSTRUCTION MANAGER BUILD DELIVERY METHOD" SHALL MEAN A DELIVERY
 METHOD IN WHICH A CONSTRUCTION MANAGER (I) SERVES AS PART OF A  TEAM  IN
 CONJUNCTION  WITH  DASNY  AND  THE DEPARTMENT IN THE DESIGN PHASE OF THE
 PROJECT, (II) UNDER THE OVERSIGHT OF DASNY,  IN  CONSULTATION  WITH  THE
 DEPARTMENT,  ACTS AS THE SINGLE SOURCE OF RESPONSIBILITY TO BID, SELECT,
 AND HOLD CONSTRUCTION CONTRACTS ON BEHALF OF DASNY, ACTING IN  CONSULTA-
 TION  THE  DEPARTMENT,  DURING THE CONSTRUCTION PHASE, AND (III) MANAGES
 THE CONSTRUCTION PHASE OF THE PROJECT ON BEHALF OF DASNY OR THE  DEPART-
 MENT.
   (E)  "CONTRACTOR"  SHALL  MEAN THE ENTITY THAT ENTERS INTO THE PROJECT
 AGREEMENT WITH DASNY, ACTING IN CONSULTATION WITH THE DEPARTMENT.
   (F) "DASNY" SHALL MEAN THE DORMITORY AUTHORITY OF  THE  STATE  OF  NEW
 YORK.
   (G) "DEPARTMENT" SHALL MEAN THE DEPARTMENT OF HEALTH.
   (H)  "DESIGN-BUILD  DELIVERY  METHOD"  SHALL MEAN A DELIVERY METHOD IN
 WHICH DASNY, IN CONSULTATION WITH THE DEPARTMENT, ENTERS INTO A CONTRACT

 S. 2005                            69                            A. 3005
 
 FOR THE DESIGN AND CONSTRUCTION OF THE PROJECT WITH A SINGLE CONTRACTOR,
 WHICH MAY ALSO INCLUDE PRELIMINARY SERVICES RELATING TO PROJECT PLANNING
 AND DESIGN.
   (I)  "OFFERER"  SHALL  MEAN AN ENTITY THAT HAS SUBMITTED A PROPOSAL IN
 RESPONSE TO A REQUEST FOR PROPOSALS ISSUED  BY  DASNY,  IN  CONSULTATION
 WITH  THE  DEPARTMENT, PURSUANT TO SUBPARAGRAPH (II) OF PARAGRAPH (A) OF
 SUBDIVISION FIVE OF THIS SECTION.
   (J) "PROJECT" SHALL MEAN THE NEW YORK  STATE  CONSOLIDATED  LABORATORY
 PROJECT,  CONSISTING  OF THE CONSOLIDATION AND/OR CO-LOCATION INTO A NEW
 LABORATORY CAMPUS OF (I) THE LABORATORY FACILITIES AND FUNCTIONS OF  THE
 DEPARTMENT  LOCATED WITHIN THE CAPITAL DISTRICT REGION (DEFINED AS ALBA-
 NY, RENSSELAER, SCHENECTADY, OR SARATOGA COUNTIES), (II) CERTAIN LABORA-
 TORY FUNCTIONS AND FACILITIES OF OTHER USERS THAT  ARE  CONSISTENT  WITH
 THE  PUBLIC  HEALTH  MISSION OF THE WADSWORTH CENTER OR COMPLEMENTARY TO
 THE PUBLIC LABORATORY FUNCTION AND NOT INCONSISTENT WITH THE PURPOSES OF
 THIS ACT, INCLUDING BUT NOT LIMITED TO OTHER STATE OR LOCAL DEPARTMENTS,
 AGENCIES, INSTITUTIONS AND PUBLIC AUTHORITIES, ALL AS DETERMINED BY  THE
 DEPARTMENT TO BE APPROPRIATE, AND (III) PARKING AND OTHER FACILITIES AND
 FUNCTIONS  ANCILLARY TO OR SUPPORTIVE OF THE FOREGOING, WHICH FACILITIES
 AND FUNCTIONS MAY OR MAY NOT BE DEDICATED TO USE  SOLELY  IN  CONNECTION
 WITH THE PROJECT.
   (K) "PROJECT AGREEMENT" SHALL MEAN A CONTRACT ENTERED INTO PURSUANT TO
 THIS  ACT  BY  DASNY, IN CONSULTATION WITH THE DEPARTMENT, WITH A SINGLE
 ENTITY FOR THE DESIGN  AND  CONSTRUCTION  OF  THE  PROJECT  OR  FOR  THE
 CONSTRUCTION  MANAGEMENT OF THE PROJECT, USING THE DESIGN-BUILD DELIVERY
 METHOD,  THE  CONSTRUCTION  MANAGER  BUILD  DELIVERY  METHOD,   OR   THE
 CONSTRUCTION MANAGER-AT-RISK DELIVERY METHOD.
   (L)  "RELATED AGREEMENTS" SHALL MEAN ANY LEASES, SUBLEASES, EASEMENTS,
 LICENSES, CONSULTING AGREEMENTS, ARCHITECTURAL, ENGINEERING, DESIGN  AND
 OTHER  PROFESSIONAL  SERVICES  AGREEMENTS OR OTHER AGREEMENTS RELATED TO
 THE PROJECT OR ANCILLARY TO THE PROJECT AGREEMENT, PROVIDED THAT, IN THE
 CASE OF ANY LEASE OR SUBLEASE (I) THE TERM OF SUCH LEASE OR SUBLEASE MAY
 BE UP TO BUT NOT LONGER THAN FIFTY YEARS FROM THE DATE OF COMPLETION AND
 ACCEPTANCE OF THE PROJECT, AND  (II)  UPON  THE  EXPIRATION  OR  EARLIER
 TERMINATION  OF  ANY SUCH LEASE OR SUBLEASE TITLE TO THE PROJECT AND THE
 PROJECT SITE SHALL BE VESTED IN  THE  STATE.  RELATED  AGREEMENTS  SHALL
 INCLUDE AGREEMENTS WITH PUBLIC CORPORATIONS AND UTILITIES AND SUCH OTHER
 RELATED AGREEMENTS AS DASNY OR THE DEPARTMENT DETERMINES TO BE NECESSARY
 OR  CONVENIENT  TO FACILITATE THE IMPLEMENTATION OF THE PROJECT, IN EACH
 CASE ON SUCH TERMS AND CONDITIONS AS DASNY OR THE DEPARTMENT MAY  DETER-
 MINE TO BE NECESSARY OR CONVENIENT FOR IMPLEMENTING THE PROJECT.
   4.   AUTHORIZATION   FOR  ALTERNATIVE  DELIVERY  PROJECT  PROCUREMENT.
 NOTWITHSTANDING THE PROVISIONS OF SECTIONS ONE HUNDRED THIRTY-FIVE,  ONE
 HUNDRED  THIRTY-SIX, ONE HUNDRED THIRTY-SIX-A, ONE HUNDRED THIRTY-SEVEN,
 ONE HUNDRED SIXTY-TWO AND ONE HUNDRED SIXTY-THREE OF THE  STATE  FINANCE
 LAW,  SECTION  ONE  HUNDRED  FORTY-TWO  OF THE ECONOMIC DEVELOPMENT LAW,
 SECTION TWO HUNDRED TWENTY-FOUR OF THE LABOR LAW,  SUBDIVISION  FIVE  OF
 SECTION  SIXTY-THREE  OF  THE  EXECUTIVE  LAW,  SECTIONS SIXTEEN HUNDRED
 EIGHTY AND TWENTY-EIGHT HUNDRED SEVENTY-NINE-A OF THIS CHAPTER,  SECTION
 SEVENTY-TWO HUNDRED TEN OF THE EDUCATION LAW, SUBDIVISION SIX OF SECTION
 EIGHT OF THE PUBLIC BUILDINGS LAW AND THE PROVISIONS OF ANY OTHER LAW TO
 THE CONTRARY (INCLUDING, BUT NOT LIMITED TO, PROVISIONS OF NON-ENUMERAT-
 ED SECTIONS OF THE FOREGOING LAWS):
   (A)  UPON COMPLIANCE WITH THE PROCUREMENT METHOD DESCRIBED IN SUBDIVI-
 SION FIVE OF THIS SECTION AND IN CONFORMITY WITH THE OTHER  REQUIREMENTS
 OF  THIS ACT, DASNY, IN CONSULTATION WITH THE DEPARTMENT, MAY ENTER INTO

 S. 2005                            70                            A. 3005
 
 A PROJECT AGREEMENT PROVIDING FOR THE DELIVERY OF THE PROJECT USING  THE
 DESIGN-BUILD  METHOD,  THE  CONSTRUCTION  MANAGER  BUILD  METHOD  OR THE
 CONSTRUCTION MANAGER-AT-RISK METHOD, IN EACH  CASE  ON  SUCH  TERMS  AND
 CONDITIONS  AS DASNY, IN CONSULTATION WITH THE DEPARTMENT, MAY DETERMINE
 IN ACCORDANCE WITH SUCH PROCUREMENT METHOD.  DASNY, IN CONSULTATION WITH
 THE DEPARTMENT, MAY ALSO ENTER  INTO  SUCH  AMENDMENTS  TO  THE  PROJECT
 AGREEMENT  AS  IT  DETERMINES  TO  BE  NECESSARY  OR  CONVENIENT FOR THE
 PROJECT, AND DASNY OR THE DEPARTMENT MAY ENTER INTO SUCH RELATED  AGREE-
 MENTS  AS  THEY DETERMINE TO BE NECESSARY OR CONVENIENT FOR THE PROJECT,
 INCLUDING AGREEMENTS FOR UTILITY SERVICES  OR  INFRASTRUCTURE,  IN  EACH
 SUCH INSTANCE WITHOUT PUBLIC AUCTION OR BIDDING OR ANY OTHER COMPETITIVE
 PROCUREMENT  PROCESS  AND  REGARDLESS  OF  WHETHER  SUCH AGREEMENTS HAVE
 RESULTED FROM THE TWO-STEP PROCUREMENT METHOD DESCRIBED  IN  SUBDIVISION
 FIVE OF THIS SECTION.
   (B)  NOTHING  CONTAINED  IN THIS ACT SHALL LIMIT THE RIGHT OF DASNY OR
 THE DEPARTMENT TO AWARD CONTRACTS AS  OTHERWISE  PROVIDED  BY  LAW,  NOR
 SHALL  ANYTHING  IN THIS ACT LIMIT OR IMPAIR ANY EXISTING RIGHTS, POWERS
 OR AUTHORITY OF DASNY OR THE DEPARTMENT.
   (C) THE PROCUREMENT  AUTHORIZATION  PROVIDED  IN  THIS  ACT  SHALL  BE
 SUBJECT  TO  THE  PRIOR  OR CONCURRENT AUTHORIZATION OF A BUDGET FOR THE
 PROJECT BY THE DIVISION OF THE BUDGET.
   5. PROJECT PROCUREMENT. (A) PROCUREMENT PROCESS. AN ENTITY SELECTED BY
 DASNY, IN CONSULTATION WITH THE DEPARTMENT,  TO  ENTER  INTO  A  PROJECT
 AGREEMENT  AUTHORIZED  BY  SUBDIVISION  FOUR  OF  THIS  SECTION SHALL BE
 SELECTED THROUGH A TWO-STEP PROCUREMENT PROCESS AS FOLLOWS:
   (I) PRE-QUALIFICATION OF PROSPECTIVE CONTRACTORS. DASNY, IN  CONSULTA-
 TION  WITH  THE  DEPARTMENT, SHALL GENERATE A LIST OF QUALIFIED ENTITIES
 THAT HAVE DEMONSTRATED THE GENERAL CAPABILITY TO DELIVER THE PROJECT AND
 OTHERWISE PERFORM THE REQUIREMENTS OF A  PROJECT  AGREEMENT.  SUCH  LIST
 SHALL CONSIST OF A SPECIFIED NUMBER OF ENTITIES, AS DETERMINED BY DASNY,
 IN  CONSULTATION  WITH THE DEPARTMENT, AND SHALL BE GENERATED BASED UPON
 THE REVIEW BY DASNY AND THE DEPARTMENT OF RESPONSES TO A PUBLICLY ADVER-
 TISED REQUEST FOR QUALIFICATIONS FOR THE PROJECT. SUCH REQUEST FOR QUAL-
 IFICATIONS SHALL INCLUDE A GENERAL DESCRIPTION OF THE  PROJECT  AND  THE
 SELECTION  CRITERIA  TO  QUALIFY ENTITIES. SUCH SELECTION CRITERIA SHALL
 INCLUDE SUCH QUALIFICATIONS AS DASNY AND THE DEPARTMENT  DEEM  APPROPRI-
 ATE, WHICH MAY INCLUDE BUT ARE NOT LIMITED TO THE GENERAL QUALIFICATIONS
 AND EXPERIENCE OF THE MEMBERS OF THE PROPOSING TEAM, THE ORGANIZATION OF
 THE PROPOSING TEAM, DEMONSTRATED RESPONSIBILITY, THE ABILITY OF THE TEAM
 OR  OF A MEMBER OR MEMBERS OF THE TEAM TO COMPLY WITH APPLICABLE PROJECT
 REQUIREMENTS, INCLUDING IF APPLICABLE THE  PROVISIONS  OF  ARTICLES  ONE
 HUNDRED  FORTY-FIVE, ONE HUNDRED FORTY-SEVEN AND ONE HUNDRED FORTY-EIGHT
 OF THE EDUCATION LAW, PAST RECORD OF COMPLIANCE WITH THE  LABOR  LAW  OR
 ANY  COMPARABLE  LAW  APPLICABLE  IN JURISDICTIONS WHERE SUCH ENTITY HAS
 CONDUCTED BUSINESS (IN EACH INSTANCE TO THE EXTENT  APPLICABLE),  UNDER-
 STANDING  OF THE PROJECT AND ITS REQUIREMENTS, FINANCIAL, MANAGEMENT AND
 TECHNICAL CAPABILITY, AND RECORD OF  PAST  PERFORMANCE.  DASNY  AND  THE
 DEPARTMENT  SHALL  EVALUATE  ALL  ENTITIES RESPONDING TO THE REQUEST FOR
 QUALIFICATIONS. BASED UPON SUCH EVALUATIONS, DASNY  AND  THE  DEPARTMENT
 MAY  DEVELOP  A  LIST  OF  THE ENTITIES THAT SHALL RECEIVE A REQUEST FOR
 PROPOSALS IN ACCORDANCE WITH THIS SUBDIVISION. TO THE EXTENT  CONSISTENT
 WITH APPLICABLE LAW, DASNY AND THE DEPARTMENT SHALL CONSIDER, WHEN EVAL-
 UATING  ENTITIES PURSUANT TO THIS SECTION: (A) SUCH ENTITIES' RECORDS OF
 COMPLIANCE WITH ARTICLE FIFTEEN-A OF THE EXECUTIVE LAW ON OTHER PROJECTS
 OR OTHERWISE PROVIDING FOR THE PARTICIPATION OF FIRMS CERTIFIED PURSUANT
 TO ARTICLE FIFTEEN-A OF THE EXECUTIVE LAW  AS  MINORITY  OR  WOMEN-OWNED

 S. 2005                            71                            A. 3005
 
 BUSINESSES (OR ANY COMPARABLE LAW APPLICABLE IN JURISDICTIONS WHERE SUCH
 ENTITY HAS CONDUCTED BUSINESS) AND THE ABILITY OF OTHER BUSINESSES UNDER
 CONSIDERATION  TO WORK WITH MINORITY AND WOMEN-OWNED BUSINESSES SO AS TO
 PROMOTE  AND ASSIST PARTICIPATION BY SUCH BUSINESSES; (B) SUCH ENTITIES'
 UTILIZATION OF SMALL BUSINESS CONCERNS IDENTIFIED PURSUANT  TO  SUBDIVI-
 SION  (B) OF SECTION ONE HUNDRED THIRTY-NINE-G OF THE STATE FINANCE LAW;
 AND (C) SUCH  ENTITIES  UTILIZATION  OF  SERVICE-DISABLED  VETERAN-OWNED
 BUSINESSES PURSUANT TO ARTICLE SEVENTEEN-B OF THE EXECUTIVE LAW.
   (II)  SOLICITATION  AND  SELECTION  OF  THE PROPOSAL WHICH IS THE BEST
 VALUE TO THE STATE. DASNY, IN  CONSULTATION  WITH  THE  DEPARTMENT,  MAY
 ISSUE A REQUEST FOR PROPOSALS TO THE ENTITIES LISTED PURSUANT TO SUBPAR-
 AGRAPH  (I)  OF THIS PARAGRAPH.  IF SUCH AN ENTITY CONSISTS OF A TEAM OF
 SEPARATE ENTITIES, THE ENTITIES THAT COMPRISE SUCH A TEAM AND THEIR LEAD
 MEMBERS MUST REMAIN UNCHANGED FROM THE ENTITY AND  TEAM  MEMBERS  LISTED
 PURSUANT TO SUBPARAGRAPH (I) OF THIS PARAGRAPH UNLESS OTHERWISE APPROVED
 BY DASNY, IN CONSULTATION WITH THE DEPARTMENT. THE REQUEST FOR PROPOSALS
 MAY INCLUDE THE FORM OF PROJECT AGREEMENT PROPOSED BY DASNY. THE REQUEST
 FOR  PROPOSALS  SHALL  SET  FORTH  THE SCOPE OF WORK FOR THE PROJECT AND
 OTHER APPLICABLE REQUIREMENTS, AS DETERMINED BY DASNY,  IN  CONSULTATION
 WITH  THE DEPARTMENT, AND MAY BUT NEED NOT REQUIRE (A) A LUMP SUM PRICE,
 OR (B) A FEE FOR ANY PRELIMINARY SERVICES RELATED TO THE PROJECT,  WHICH
 MAY  INCLUDE  DESIGN  OR  OTHER  PROFESSIONAL  SERVICES, TOGETHER WITH A
 SPECIFIC METHODOLOGY FOR DETERMINING A GUARANTEED MAXIMUM PRICE FOR  THE
 BALANCE OF WORK THAT WILL BE COMPLETED PURSUANT TO THE PROJECT AGREEMENT
 FOLLOWING  THE  COMPLETION OF ANY SUCH PRELIMINARY SERVICES. THE REQUEST
 FOR PROPOSALS SHALL ALSO SPECIFY THE CRITERIA TO BE USED TO EVALUATE THE
 RESPONSES, AS DETERMINED BY DASNY  AND  THE  DEPARTMENT,  INCLUDING  THE
 RELATIVE  WEIGHT  OF  SUCH CRITERIA. SUCH CRITERIA SHALL INCLUDE BUT ARE
 NOT LIMITED TO THE PROPOSAL'S COST, ITS TECHNICAL MERIT, THE  QUALIFICA-
 TIONS  AND  EXPERIENCE OF THE PROPOSING ENTITY AND ITS TEAM MEMBERS, THE
 ENTITY'S  PLAN  OF  PROJECT  IMPLEMENTATION,  THE  ENTITY'S  ABILITY  TO
 COMPLETE THE WORK IN A TIMELY AND SATISFACTORY MANNER, AND THE COMMUNITY
 IMPACT  OF  THE PROPOSAL. NOTWITHSTANDING ANY OTHER LAW TO THE CONTRARY,
 DASNY AND THE DEPARTMENT  MAY  CONDUCT  DISCUSSIONS  INDIVIDUALLY  ON  A
 COMMERCIALLY CONFIDENTIAL BASIS WITH THE PRE-QUALIFIED ENTITIES PRIOR TO
 THEIR  SUBMITTAL  OF  PROPOSALS,  AND MAY CONDUCT NEGOTIATIONS REGARDING
 PROJECT AGREEMENT TERMS AND CONDITIONS, INCLUDING COST, WITH ONE OR MORE
 OFFERERS FOLLOWING THEIR SUBMITTAL OF A PROPOSAL.
   (III) AWARD OF PROJECT AGREEMENT. A PROJECT AGREEMENT AWARDED PURSUANT
 TO THIS ACT SHALL BE AWARDED TO A RESPONSIVE AND RESPONSIBLE ENTITY THAT
 SUBMITS THE PROPOSAL, WHICH, IN CONSIDERATION OF THE CRITERIA SET  FORTH
 IN  THE  REQUEST  FOR  PROPOSALS, OFFERS THE BEST VALUE TO THE STATE, AS
 DETERMINED BY DASNY AND THE DEPARTMENT, PROVIDED THAT:
   (A) WHERE A PROPOSAL PROVIDES FOR A GUARANTEED  MAXIMUM  PRICE,  DASNY
 AND  THE  DEPARTMENT  SHALL BE ENTITLED TO MONITOR AND AUDIT ALL PROJECT
 COSTS.  IN ESTABLISHING THE SCHEDULE AND PROCESS FOR DETERMINING A GUAR-
 ANTEED MAXIMUM PRICE, THE PROJECT AGREEMENT SHALL:
   (1) DESCRIBE THE SCOPE OF THE WORK AND THE  COST  OF  PERFORMING  SUCH
 WORK;
   (2) PROVIDE FOR A DETAILED LINE ITEM COST BREAKDOWN;
   (3)  PROVIDE  FOR  A  LIST  OF  ALL DRAWINGS, SPECIFICATIONS AND OTHER
 INFORMATION ON WHICH THE GUARANTEED MAXIMUM PRICE IS BASED;
   (4) PROVIDE FOR THE DATES FOR  SUBSTANTIAL  AND  FINAL  COMPLETION  ON
 WHICH THE GUARANTEED MAXIMUM PRICE IS BASED; AND
   (5) PROVIDE FOR A SCHEDULE OF UNIT PRICES;

 S. 2005                            72                            A. 3005
 
   (B)  WHERE  A  PROPOSAL  PROVIDES  FOR A LUMP SUM WHERE THE CONTRACTOR
 AGREES TO ACCEPT A SET  DOLLAR  AMOUNT  FOR  A  PROJECT  AGREEMENT  THAT
 COMPRISES  A  SINGLE BID, THE PROPOSAL NEED NOT PROVIDE A COST BREAKDOWN
 FOR ALL COSTS, SUCH AS  FOR  EQUIPMENT,  LABOR,  OR  MATERIALS,  OR  THE
 CONTRACTOR'S  PROFIT  FOR  COMPLETING  ALL  ITEMS OF WORK COMPRISING THE
 PROJECT;
   (C) A PROPOSAL MAY INCLUDE BOTH LUMP SUM AND GUARANTEED MAXIMUM  PRICE
 PROVISIONS  AND  MAY  PROVIDE FOR PROJECT-RELATED SERVICES ON A FEE-FOR-
 SERVICE BASIS; AND
   (D) TO THE EXTENT  CONSISTENT  WITH  APPLICABLE  LAW,  DASNY  AND  THE
 DEPARTMENT SHALL CONSIDER, WHEN AWARDING A PROJECT AGREEMENT PURSUANT TO
 THIS  SECTION:    (1)  THE  PARTICIPATION OF FIRMS CERTIFIED PURSUANT TO
 ARTICLE FIFTEEN-A OF THE EXECUTIVE LAW AS MINORITY OR WOMEN-OWNED  BUSI-
 NESSES  AND  THE ABILITY OF OTHER BUSINESSES UNDER CONSIDERATION TO WORK
 WITH MINORITY AND WOMEN-OWNED BUSINESSES SO AS  TO  PROMOTE  AND  ASSIST
 PARTICIPATION  BY SUCH BUSINESSES; (2) THE PARTICIPATION OF FIRMS CERTI-
 FIED PURSUANT TO ARTICLE SEVENTEEN-B OF THE EXECUTIVE  LAW  AS  SERVICE-
 DISABLED  VETERAN-OWNED  BUSINESSES  AND THE ABILITY OF OTHER BUSINESSES
 UNDER CONSIDERATION TO WORK WITH  SERVICE-DISABLED  VETERAN-OWNED  BUSI-
 NESSES SO AS TO PROMOTE AND ASSIST PARTICIPATION BY SUCH BUSINESSES; AND
 (3)  SUCH  ENTITIES'  UTILIZATION  OF SMALL BUSINESS CONCERNS IDENTIFIED
 PURSUANT TO SUBDIVISION (B) OF SECTION ONE HUNDRED THIRTY-NINE-G OF  THE
 STATE FINANCE LAW.
   (IV)  EXIGENT  CIRCUMSTANCES.  IN  THE  EVENT  THAT,  AT ANY TIME, THE
 DEPARTMENT DETERMINES AND COMMUNICATES TO THE TEMPORARY PRESIDENT OF THE
 SENATE AND SPEAKER OF THE ASSEMBLY THAT EXIGENT CIRCUMSTANCES  AFFECTING
 PUBLIC HEALTH OR SAFETY EXIST AT THE WADSWORTH CENTER OR RELATED FACILI-
 TIES  SUCH  THAT  THE DELIVERY OF THE PROJECT MUST BE ACCELERATED, DASNY
 AND THE DEPARTMENT MAY TAKE COMMERCIALLY REASONABLE MEASURES, AS  DETER-
 MINED  BY  DASNY,  IN  CONSULTATION  WITH  THE DEPARTMENT, TO MODIFY THE
 PROCEDURES SET FORTH IN THIS SUBDIVISION  IN  ORDER  TO  ACCELERATE  THE
 DELIVERY  OF  THE  PROJECT,  INCLUDING  BUT NOT LIMITED TO COMBINING THE
 PROCEDURES SET FORTH IN SUBPARAGRAPHS (I) AND  (II)  OF  THIS  PARAGRAPH
 INTO  A  SINGLE SOLICITATION, AND UTILIZING THE DISCUSSIONS PROVIDED FOR
 IN SUBPARAGRAPH (II) OF THIS PARAGRAPH TO MODIFY  THE  PROJECT  SCHEDULE
 AND  TO  PERMIT  CORRESPONDING  MODIFICATIONS  TO THE APPLICABLE PROJECT
 PROPOSALS, AND ENGAGING IN A  NON-COMPETITIVE  SOURCE  SELECTION  METHOD
 CONSISTENT  WITH  THE LAWS, REGULATIONS AND RULES APPLICABLE TO DASNY OR
 THE DEPARTMENT.
   (B) PROJECT WEBSITE. DASNY, IN CONSULTATION WITH THE DEPARTMENT, SHALL
 ESTABLISH, MAINTAIN AND PERIODICALLY  UPDATE  A  WEBSITE  REGARDING  THE
 PROJECT.  SUCH  WEBSITE  SHALL  INFORM  THE PUBLIC ABOUT THE PROJECT AND
 PROVIDE THE STATUS OF THE PROJECT THROUGH COMPLETION OF CONSTRUCTION.
   (C) APPLICABILITY OF CERTAIN LAWS TO PROCUREMENT.  (I) THE  SUBMISSION
 OF QUALIFICATIONS, PROPOSALS OR RESPONSES, OR THE EXECUTION OF A PROJECT
 AGREEMENT  OR  ANY  RELATED  AGREEMENT,  SHALL  NOT BE CONSTRUED TO BE A
 VIOLATION OF SECTION SIXTY-FIVE HUNDRED TWELVE OF THE EDUCATION LAW.
   (II) SECTIONS ONE HUNDRED THIRTY-NINE-D,  ONE  HUNDRED  THIRTY-NINE-J,
 ONE  HUNDRED THIRTY-NINE-K, PARAGRAPH F OF SUBDIVISION ONE AND PARAGRAPH
 G OF SUBDIVISION NINE OF SECTION ONE HUNDRED SIXTY-THREE  OF  THE  STATE
 FINANCE  LAW  SHALL, EXCEPT AS OTHERWISE PROVIDED IN THIS SECTION, APPLY
 TO THE PROCUREMENT PROCESS AUTHORIZED BY THIS SECTION.
   6. DASNY AS PARTY TO PROJECT AGREEMENT AND AS  AGENT  OF  AND  PROJECT
 ADVISOR  TO  DEPARTMENT OF HEALTH. NOTWITHSTANDING THE PROVISIONS OF ANY
 OTHER LAW TO THE CONTRARY, TO THE EXTENT CONSISTENT WITH THE PROCUREMENT
 METHOD SELECTED PURSUANT TO PARAGRAPH (A) OF SUBDIVISION  FIVE  OF  THIS

 S. 2005                            73                            A. 3005
 
 SECTION,  DASNY  SHALL  HAVE  THE  POWER AND AUTHORITY TO ENTER INTO THE
 PROJECT AGREEMENT AND ANY RELATED AGREEMENTS, SUBJECT ONLY TO COMPLIANCE
 WITH THE REQUIREMENTS OF THIS  ACT,  AND,  IN  ADDITION,  TO  ACT  AS  A
 PROCUREMENT,  TECHNICAL AND ADMINISTRATIVE CONSULTANT AND ADVISOR TO THE
 DEPARTMENT IN CONNECTION WITH THE PLANNING, PROCUREMENT AND  IMPLEMENTA-
 TION  OF  THE PROJECT, INCLUDING THE POWER AND AUTHORITY TO ACT AS AGENT
 FOR OR CONSULTANT TO  THE  DEPARTMENT  IN  PROCURING  AND  MANAGING  THE
 SERVICES  OF TECHNICAL, LEGAL AND OTHER CONSULTANTS; SOLICITING, REVIEW-
 ING AND EVALUATING  THE  QUALIFICATIONS  AND  PROPOSALS  FROM  POTENTIAL
 CONTRACTORS FOR THE PROJECT; DRAFTING AND NEGOTIATING THE PROJECT AGREE-
 MENT  AND  ANY  RELATED  AGREEMENTS;  SUPERVISING THE PERFORMANCE OF THE
 DESIGN AND CONSTRUCTION OF THE  PROJECT  BY  THE  CONTRACTOR  UNDER  THE
 PROJECT  AGREEMENT;  AND  COORDINATING  PARTICIPATION  IN THE PROJECT BY
 OTHER INVOLVED STATE AGENCIES AND DEPARTMENTS. IN ACTING AS AGENT OF  OR
 ADVISOR  TO THE DEPARTMENT, DASNY SHALL HAVE NO INDEPENDENT LIABILITY IN
 CONNECTION WITH THE PROJECT AND THE DEPARTMENT SHALL INDEMNIFY DASNY  TO
 THE  EXTENT  PERMITTED  BY  LAW.  FOR THE PURPOSES OF THIS ACT, THE TERM
 "EMPLOYEE" AS DEFINED IN SUBDIVISION ONE OF  SECTION  SEVENTEEN  OF  THE
 PUBLIC OFFICERS LAW SHALL INCLUDE THE MEMBERS OF THE BOARD, OFFICERS AND
 EMPLOYEES OF THE DORMITORY AUTHORITY.
   7.  PROCUREMENT  AND  CONTRACT  APPROVAL  AUTHORITY.  (A)  PROCUREMENT
 APPROVALS. THE PROCUREMENT OF THE PROJECT PURSUANT TO THIS ACT,  INCLUD-
 ING BUT NOT LIMITED TO PRE-QUALIFICATION OF PROSPECTIVE CONTRACTORS, THE
 ELECTION  TO  ISSUE A REQUEST FOR PROPOSALS, THE EVALUATION OF RESPONSES
 TO THE REQUEST FOR PROPOSALS, THE DETERMINATION BY DASNY AND THE DEPART-
 MENT TO AWARD THE PROJECT AGREEMENT AND ANY RELATED AGREEMENTS TO  WHICH
 DASNY  OR  THE  DEPARTMENT  IS  A PARTY AND THE EXECUTION OF THE PROJECT
 AGREEMENT PURSUANT TO THIS ACT, ANY RELATED AGREEMENT TO WHICH DASNY  OR
 THE  DEPARTMENT  IS  A  PARTY  OR  ANY  AMENDMENTS THERETO, SHALL NOT BE
 SUBJECT TO THE APPROVAL OR AUTHORIZATION OF ANY STATE  OFFICER,  DEPART-
 MENT  OR  AGENCY, EXCEPT FOR: (I) THE APPROVAL OF THE COMPTROLLER TO THE
 EXTENT REQUIRED BY LAW OF ANY AGREEMENT TO WHICH  THE  DEPARTMENT  IS  A
 PARTY; AND (II) THE APPROVAL OF THE STATE DIVISION OF THE BUDGET.
   (B)  INTERGOVERNMENTAL  COOPERATION  AGREEMENTS.  NOTWITHSTANDING  ANY
 PROVISION OF LAW TO THE CONTRARY AND OF PARAGRAPH (A) OF  THIS  SUBDIVI-
 SION,  STATE  AGENCIES  AS  DEFINED  IN SECTION ONE HUNDRED SIXTY OF THE
 STATE FINANCE LAW INCLUDING THE STATE UNIVERSITY  OF  NEW  YORK,  PUBLIC
 BENEFIT  CORPORATIONS AND PUBLIC AUTHORITIES INVOLVED IN THE PROJECT ARE
 EACH AUTHORIZED TO ENTER INTO SUCH AGREEMENTS  WITH  EACH  OTHER,  WHICH
 SHALL  BE  IN THE NATURE OF INTERGOVERNMENTAL COOPERATION AGREEMENTS, AS
 EACH MAY DEEM NECESSARY OR APPROPRIATE IN  FURTHERANCE  OF  THE  PROJECT
 INCLUDING  BUT  NOT  LIMITED  TO THE TRANSFER OF JURISDICTION OVER STATE
 OWNED REAL PROPERTY OR  THE  PURPOSES  OF  THIS  ACT.    NOTWITHSTANDING
 SECTIONS  ONE  HUNDRED  TWELVE  AND ONE HUNDRED SIXTY-THREE OF THE STATE
 FINANCE LAW, SECTIONS TWENTY-EIGHT HUNDRED SEVENTY-NINE AND TWENTY-EIGHT
 HUNDRED SEVENTY-NINE-A OF THIS CHAPTER OR ANY OTHER PROVISION OF LAW  TO
 THE CONTRARY, NO AGREEMENT ENTERED INTO PURSUANT TO THIS PARAGRAPH SHALL
 REQUIRE  PUBLIC  AUCTION OR BIDDING OR ANY OTHER COMPETITIVE PROCUREMENT
 PROCESS OR REQUIRE ANY APPROVALS OR AUTHORIZATIONS OF ANY STATE OFFICER,
 DEPARTMENT OR AGENCY OTHER THAN THE RESPECTIVE PARTIES  TO  SUCH  AGREE-
 MENTS.
   (C)  AGREEMENTS  RELATING  TO  THE  PROJECT BETWEEN NON-STATE PARTIES.
 SUBJECT TO THE TERMS OF THE PROJECT AGREEMENT OR ANY RELATED  AGREEMENT,
 AND NOTWITHSTANDING SECTION ONE HUNDRED TWELVE OF THE STATE FINANCE LAW,
 SECTION TWENTY-EIGHT HUNDRED SEVENTY-NINE-A OF THIS CHAPTER OR ANY OTHER
 LAW  TO  THE  CONTRARY  THAT RELATES TO STATE OR OTHER PUBLIC CONTRACTS,

 S. 2005                            74                            A. 3005
 
 AGREEMENTS RELATING TO THE PROJECT OR OTHERWISE IN FURTHERANCE  OF  THIS
 ACT  TO WHICH NEITHER THE STATE NOR ANY STATE AGENCY, DEPARTMENT, PUBLIC
 BENEFIT CORPORATION OR PUBLIC AUTHORITY IS A PARTY SHALL NOT  BE  DEEMED
 TO  BE  STATE  CONTRACTS  AND  SHALL NOT BE SUBJECT TO PUBLIC AUCTION OR
 BIDDING REQUIREMENTS OR ANY OTHER COMPETITIVE PROCUREMENT REQUIREMENT.
   8. PROJECT AGREEMENT SUBJECT TO APPROPRIATION; SPECIAL OBLIGATION.  TO
 THE  EXTENT REQUIRED BY LAW, ANY OBLIGATION UNDER A PROJECT AGREEMENT OR
 ANY RELATED AGREEMENT FOR THE EXPENDITURE OF FUNDS SHALL BE  SUBJECT  TO
 APPROPRIATION  BY THE LEGISLATURE, SHALL BE DEEMED EXECUTORY ONLY TO THE
 EXTENT OF MONIES APPROPRIATED THEREFOR, SHALL NOT RESULT IN ANY  LIABIL-
 ITY  ON  THE  PART OF THE STATE OR DASNY BEYOND APPROPRIATED MONIES, AND
 SHALL NOT CONSTITUTE A DEBT OF THE STATE WITHIN  ANY  CONSTITUTIONAL  OR
 STATUTORY  PROVISION.  ANY  APPROPRIATION  OF FUNDS MADE IN RESPECT OF A
 PROJECT AGREEMENT OR RELATED AGREEMENT SHALL BE ALLOCATED BY  THE  STATE
 DIVISION  OF  THE  BUDGET  TO DASNY OR THE DEPARTMENT AS APPLICABLE. ANY
 PROJECT AGREEMENT OR RELATED AGREEMENT TO WHICH DASNY IS A  PARTY  SHALL
 BE A SPECIAL OBLIGATION OF DASNY.
   9.  APPLICABILITY OF CERTAIN LAWS TO THE PROJECT. (A) ANY PROFESSIONAL
 SERVICES PERFORMED PURSUANT TO THE  PROJECT  AGREEMENT  OR  ANY  RELATED
 AGREEMENTS  THAT  ARE  REGULATED BY ARTICLES ONE HUNDRED FORTY-FIVE, ONE
 HUNDRED FORTY-SEVEN AND ONE HUNDRED FORTY-EIGHT  OF  THE  EDUCATION  LAW
 SHALL  BE  PERFORMED  AND  STAMPED  AND  SEALED, WHERE APPROPRIATE, BY A
 PROFESSIONAL LICENSED IN ACCORDANCE WITH SUCH ARTICLES.
   (B) THE CONSTRUCTION, DEMOLITION, RECONSTRUCTION, EXCAVATION, REHABIL-
 ITATION, REPAIR, OR RENOVATION OF THE PROJECT OR AN IMPROVEMENT  TO  THE
 PROPERTY  PERTAINING  TO  THE  PROPERTY SHALL BE A "PUBLIC WORK" FOR THE
 PURPOSES OF ARTICLE EIGHT OF THE LABOR LAW, TO BE PERFORMED  IN  ACCORD-
 ANCE  THEREWITH (EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THIS ACT), AS
 WELL AS SUBJECT TO ENFORCEMENT OF PREVAILING WAGE  REQUIREMENTS  BY  THE
 NEW YORK STATE DEPARTMENT OF LABOR.
   (C)  THE PROJECT SHALL BE SUBJECT TO SECTION TWO HUNDRED TWENTY-TWO OF
 THE LABOR LAW, EXCEPT THAT NOTWITHSTANDING ANY OTHER SECTION OF THIS ACT
 OR SUCH SECTION OF THE LABOR LAW OR ANY OTHER LAW THE PAYMENT  BOND  AND
 THE  PERFORMANCE BOND REQUIRED UNDER SUCH SECTION TWO HUNDRED TWENTY-TWO
 OR ANY OTHER LAW MAY BE  PROVIDED  BY  THE  CONSTRUCTION  CONTRACTOR  OR
 DESIGN-BUILDER  PERFORMING  THE  CONSTRUCTION  WORK  IF  THE  CONTRACTOR
 SUBCONTRACTS THE CONSTRUCTION WORK TO A  CONSTRUCTION  CONTRACTOR  OR  A
 DESIGN-BUILDER.
   (D) THE PROJECT AGREEMENT SHALL REQUIRE THAT THE PROJECT BE UNDERTAKEN
 PURSUANT  TO A PROJECT LABOR AGREEMENT, AS DEFINED IN SUBDIVISION ONE OF
 SECTION TWO HUNDRED TWENTY-TWO OF THE LABOR LAW,  PROVIDED  THAT,  BASED
 UPON  A  STUDY  DONE  BY  OR  FOR  DASNY OR THE DEPARTMENT, DASNY OR THE
 DEPARTMENT MAKES THE DETERMINATION REQUIRED BY SECTION TWO HUNDRED TWEN-
 TY-TWO OF THE LABOR LAW. IF A PROJECT LABOR AGREEMENT IS NOT UTILIZED ON
 THE PROJECT, SECTION ONE HUNDRED THIRTY-FIVE OF THE  STATE  FINANCE  LAW
 SHALL  APPLY  AND  THE  COMMISSIONER  OF LABOR SHALL RETAIN AUTHORITY TO
 ENFORCE SECTION TWO HUNDRED TWENTY-FOUR  OF  THE  LABOR  LAW,  PROVIDED,
 HOWEVER,  THAT  DASNY  MAY  FULFILL  ITS  OBLIGATIONS  UNDER SECTION ONE
 HUNDRED THIRTY-FIVE OF THE STATE FINANCE LAW BY REQUIRING THE CONTRACTOR
 TO PREPARE  SEPARATE  SPECIFICATIONS  IN  ACCORDANCE  WITH  SECTION  ONE
 HUNDRED THIRTY-FIVE OF THE STATE FINANCE LAW.
   (E)  THE  PROJECT AGREEMENT SHALL COMPLY WITH THE OBJECTIVES AND GOALS
 OF MINORITY AND WOMEN-OWNED BUSINESS  ENTERPRISES  PURSUANT  TO  ARTICLE
 FIFTEEN-A  OF THE EXECUTIVE LAW AND SERVICE-DISABLED VETERAN-OWNED BUSI-
 NESS ENTERPRISES PURSUANT TO SECTION SEVENTEEN-B OF  THE  EXECUTIVE  LAW
 OR,  IF  THE  PROJECT RECEIVES FEDERAL AID, SHALL COMPLY WITH APPLICABLE

 S. 2005                            75                            A. 3005
 
 FEDERAL REQUIREMENTS FOR  DISADVANTAGED  AND  VETERANS  BUSINESS  ENTER-
 PRISES.
   §  2.  Severability.  If any clause, sentence, paragraph, subdivision,
 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 provision had
 not been included herein.
   § 3. This act shall take effect immediately; provided that the project
 agreement  and any related agreements awarded, executed and entered into
 in accordance with this act shall be deemed valid, binding and enforcea-
 ble, notwithstanding the fact that any request  for  qualifications  was
 issued  or the selection of the entities authorized to receive a request
 for proposals occurred prior to the effective date of this act, if  such
 issuance  and selection were conducted in accordance with the applicable
 requirements of this act.
 
                                  PART X
 
   Section 1. Section 430 of the economic development law,  as  added  by
 section  1  of  part  A of chapter 68 of the laws of 2013, is amended to
 read as follows:
   § 430. Short title. This article shall be known and may  be  cited  as
 the  ["SUNY  Tax-free Areas to Revitalize and Transform UPstate New York
 program," or the "START-UP NY] "EXCELSIOR BUSINESS program".
   § 2. Subdivisions 4, 6, 7, 10 and 15 of section 431  of  the  economic
 development  law,  subdivisions  4, 6, 7 and 10 as added by section 1 of
 part A of chapter 68 of the laws of 2013 and subdivision 15 as added  by
 section  1  of  part B of chapter 60 of the laws of 2015, are amended to
 read as follows:
   4. "Private college or university" means a not-for-profit [two or four
 year] university or college given the power to confer associate,  bacca-
 laureate  or  higher  degrees in this state by the legislature or by the
 regents under article five of the education law.
   6. "New business" means a business that satisfies all of the following
 tests:
   (a) the business must [not be operating or located  within  the  state
 at]  HAVE  BEEN  ORGANIZED  NO MORE THAN FIVE YEARS PRIOR TO the time it
 submits its application to participate in the  [START-UP  NY]  EXCELSIOR
 BUSINESS program;
   (b)  the  business must not [be moving existing jobs into the tax-free
 NY area from another area in the state] HAVE GENERATED NET  INCOME  FROM
 OPERATIONS  IN  ANY  TAX YEAR OF THE BUSINESS PRIOR TO THE SUBMISSION OF
 ITS APPLICATION TO PARTICIPATE IN THE EXCELSIOR BUSINESS PROGRAM;
   (c) the business is not substantially  similar  in  operation  and  in
 ownership  to  a  business  entity  (or entities) taxable, or previously
 taxable within the last five taxable years, under  section  one  hundred
 eighty-three, one hundred eighty-four, one hundred eighty-five or FORMER
 SECTION  one  hundred  eighty-six of the tax law, article nine-A, FORMER
 ARTICLE thirty-two or ARTICLE thirty-three of the tax law, article twen-
 ty-three of the tax law or which would have been subject  to  tax  under
 such  article  twenty-three  (as  such  article was in effect on January

 S. 2005                            76                            A. 3005
 
 first, nineteen hundred eighty), or the income (or losses) of  which  is
 (or was) includable under article twenty-two of the tax law; [and]
   (d)  the  business  must  not have caused individuals to transfer from
 existing employment with a related person located in the state to  simi-
 lar  employment  with  the  business,  unless such business has received
 approval for such transfers from the  commissioner  after  demonstrating
 that the related person has not eliminated those existing positions;
   (E) THE BUSINESS MUST NOT BE PUBLICLY TRADED, OR, IF THE BUSINESS IS A
 PUBLICLY  TRADED  ENTITY,  NO  MORE  THAN FIVE PERCENT OF THE BENEFICIAL
 OWNERSHIP OF THE BUSINESS MAY BE OWNED, DIRECTLY  OR  INDIRECTLY,  BY  A
 PUBLICLY TRADED ENTITY; AND
   (F)  THE  BUSINESS AND ITS RELATED PERSONS MUST NOT, IN THE AGGREGATE,
 HAVE EMPLOYED MORE THAN TWENTY-FIVE PERSONS IN THE FOUR  CALENDAR  QUAR-
 TERS  PRIOR  TO  THE  SUBMISSION  OF  THE APPLICATION BY THE BUSINESS TO
 PARTICIPATE IN THE EXCELSIOR BUSINESS PROGRAM.
   7. "Tax-free NY area" means the land or vacant space of  a  university
 or college that meets the eligibility criteria specified in section four
 hundred  thirty-two of this article and that has been approved as a tax-
 free NY area pursuant to the provisions in section four hundred  thirty-
 five  of  this  article.  It also means a strategic state asset that has
 been approved by the [START-UP NY]  EXCELSIOR  BUSINESS  approval  board
 pursuant  to  the provisions of subdivision four of section four hundred
 thirty-five of this article.
   10. ["START-UP NY approval board"] "EXCELSIOR BUSINESS APPROVAL BOARD"
 or "board" means a board consisting of three members, one each appointed
 by the governor, the speaker of the assembly and the temporary president
 of the senate. Each member  of  the  [START-UP  NY]  EXCELSIOR  BUSINESS
 approval board must have significant expertise and experience in academ-
 ic  based  economic  development and may not have a personal interest in
 any project that comes before the board.
   15. ["START-UP NY] "EXCELSIOR BUSINESS airport facility" means  vacant
 land  or space owned by the state of New York on the premises of Stewart
 Airport or Republic Airport.
   § 3. Paragraph (c) of subdivision 6 of section  431  of  the  economic
 development  law, as amended by section 3 of part S of chapter 59 of the
 laws of 2014, is amended to read as follows:
   (c) the business is not substantially  similar  in  operation  and  in
 ownership  to  a  business  entity  (or entities) taxable, or previously
 taxable within the last five taxable years, under  section  one  hundred
 eighty-three  or  one  hundred  eighty-four,  former section one hundred
 eighty-five or former section one hundred eighty-six  of  the  tax  law,
 article nine-A, FORMER ARTICLE thirty-two or ARTICLE thirty-three of the
 tax  law,  article  twenty-three of the tax law or which would have been
 subject to tax under such article twenty-three (as such article  was  in
 effect  on  January  first,  nineteen hundred eighty), or the income (or
 losses) of which is (or was) includable under article twenty-two of  the
 tax law; [and]
   §  4. Section 431 of the economic development law is amended by adding
 a new subdivision 16 to read as follows:
   16. "SIGNIFICANT CHANGE IN ORGANIZATIONAL STRUCTURE" MEANS THE CONVEY-
 ANCE OF FIVE PERCENT OR GREATER OF THE EQUITY OF A BUSINESS IN THE  FORM
 OF  STOCK,  CAPITAL,  PROFITS OR BENEFICIAL INTEREST, THE ADMISSION OF A
 MEMBER OR PARTNER TO THE BUSINESS, OR THE SALE OR TRANSFER  OF  SUBSTAN-
 TIALLY ALL OF THE ASSETS OF A BUSINESS.

 S. 2005                            77                            A. 3005
 
   §  5.  Subdivisions 1, 2 and 3 of section 432 of the economic develop-
 ment law, as added by section 1 of part A of chapter 68 of the  laws  of
 2013, are amended to read as follows:
   1.  State  university campuses, community colleges and city university
 campuses.   (a) Subject to the limitations  in  paragraph  (c)  of  this
 subdivision,  the following will constitute the eligible land of a state
 university campus, community college, or city university campus:
   (i) any vacant space in any building [located on a campus of] OWNED OR
 LEASED BY a  state  university  campus,  community  college  [or],  city
 university  campus, OR BY ANY AFFILIATE OF A STATE UNIVERSITY, COMMUNITY
 COLLEGE OR CITY UNIVERSITY;
   (ii) any vacant land [on a campus of]  OWNED  OR  LEASED  BY  a  state
 university campus, community college [or], city university campus, OR BY
 ANY AFFILIATE OF A STATE UNIVERSITY, COMMUNITY COLLEGE OR CITY UNIVERSI-
 TY;
   (iii)  for  a state university campus or community college, a total of
 two hundred thousand square feet of vacant land or vacant building space
 that, except as provided under paragraph (b)  of  this  subdivision,  is
 located  within  one  mile of a campus of the state university campus or
 community college; provided that this subparagraph shall not apply to  a
 state  university  campus or community college located in Nassau county,
 Suffolk county [or], Westchester county, OR NEW YORK CITY; and
   (iv) a New York state incubator [as the term is  used  in  subdivision
 four  of  section four hundred thirty-three of this article] with a bona
 fide affiliation to the state university campus,  community  college  or
 city  university campus, with approval of the commissioner. In order for
 there to be a bona fide affiliation of a New York state incubator with a
 state university campus, community college or  city  university  campus,
 the incubator and the state university campus, community college or city
 university  campus  must  have  a  partnership to provide assistance and
 physical space to eligible businesses, as the term is  used  in  section
 sixteen-v  of  the  urban development corporation act; the incubator and
 the state university campus, community college or city university campus
 must directly work towards the goals of jointly creating jobs and  incu-
 bating  new  startup  businesses;  and the mission and activities of the
 incubator must align with or further the academic mission of  the  state
 university campus, community college or city university campus.
   (b)  A  state  university  campus or community college which qualifies
 under subparagraph (iii) of paragraph (a) of this subdivision may  apply
 to  the  commissioner for a determination that identified vacant land or
 identified vacant space in a building that is located more than one mile
 from its campus, and is not located in Nassau  county,  Suffolk  county,
 Westchester  county  or  New York city, is eligible land for purposes of
 this program. The  commissioner  shall  give  consideration  to  factors
 including  rural,  suburban  and urban geographic considerations and may
 qualify the identified land or space in a building as eligible  land  if
 the  commissioner,  in  consultation  with  the chancellor or his or her
 designee, determines that  the  state  university  campus  or  community
 college  has  shown that the use of the land or space will be consistent
 with the requirements of this program and  the  plan  submitted  by  the
 state  university  campus  or community college pursuant to section four
 hundred thirty-five of this article. In addition, two  hundred  thousand
 square  feet  of vacant land or vacant building space affiliated with or
 in partnership with Maritime College shall be eligible under this  para-
 graph.  The aggregate amount of qualified land or space under this para-
 graph and subparagraph (iii) of paragraph (a) of  this  subdivision  may

 S. 2005                            78                            A. 3005
 
 not  exceed  two  hundred  thousand  square  feet for a state university
 campus or community college.
   (c) The provisions of paragraphs (a) and (b) of this subdivision shall
 apply only to:
   (i) a state university campus other than the following: (A) any empire
 state college campus except for the empire state college campus in Sara-
 toga  Springs[,]  AND  (B)  [any  property  of  downstate medical center
 located in Nassau county, Suffolk county, Westchester county or New York
 city except for property affiliated with downstate medical  center  that
 constitutes  a  New York state incubator as the term is used in subdivi-
 sion four of section four hundred thirty-three of this article, and (C)]
 any property of the college of optometry or maritime college located  in
 Nassau county, Suffolk county, Westchester county or New York city.
   (ii)  a  community  college, except that for a community college whose
 main campus is in New York city, paragraphs (a) and (b) of this subdivi-
 sion shall not apply to property of such  community  college  in  Nassau
 county, Suffolk county, Westchester county or New York city.
   (iii)  a  total  of  five  city  university  campuses, one each in the
 boroughs of Manhattan, Brooklyn, Bronx, Queens and Staten Island,  which
 will  be  designated  by the board of trustees of the city university of
 New York.  The campus designated in each borough must be located  in  an
 economically  distressed  community.  The commissioner shall establish a
 list of economically distressed communities  for  the  purpose  of  this
 designation,  based on criteria indicative of economic distress, includ-
 ing poverty rates, numbers of persons receiving public assistance, unem-
 ployment rates, and such other  indicators  as  the  commissioner  deems
 appropriate  to  be  in  need of economic assistance. In addition, para-
 graphs (a) and (b) of this subdivision shall apply to  property  of  the
 city  university located outside of Nassau county, Suffolk county, West-
 chester county and New York city.
   (d) The eligible land of a state university campus, community college,
 or city university campus will also  include  eligible  land  designated
 under paragraph (c) of subdivision two of this section.
   2.  Private  colleges and universities and certain other campuses. (a)
 Subject to the limitations in paragraph (c)  of  this  subdivision,  the
 following  will  constitute  the  eligible  land of a private college or
 university:
   (i) any vacant space in any building located on a campus of a  private
 university  or  college  other  than a campus which is located in Nassau
 county, Suffolk county, Westchester county or New York city;
   (ii) any vacant land on a campus of a private  university  or  college
 other  than  a campus which is located in Nassau county, Suffolk county,
 Westchester county or New York city;
   (iii) any vacant land or vacant space  in  a  building  which  is  not
 located in Nassau county, Suffolk county, Westchester county or New York
 city; and
   (iv)  a  New  York state incubator [as the term is used in subdivision
 four of section four hundred thirty-three of this article] with  a  bona
 fide  affiliation to the private university or college, with approval of
 the commissioner. In order for there to be a bona fide affiliation of  a
 New York state incubator with a private university or college, the incu-
 bator  and  the private university or college must have a partnership to
 provide assistance and physical space to eligible businesses as the term
 is used in section sixteen-v of the urban development  corporation  act;
 the  incubator  and the private university or college must directly work
 towards the goals of jointly creating jobs and  incubating  new  startup

 S. 2005                            79                            A. 3005
 
 businesses;  and  the mission and activities of the incubator must align
 with or further the  academic  mission  of  the  private  university  or
 college.
   (b)  Subject  to the limitations in paragraph (c) of this subdivision,
 three million square feet is the maximum aggregate amount of tax-free NY
 areas of private universities and colleges that may be utilized for this
 program, which shall be designated in a  manner  that  ensures  regional
 balance  and  balance  among eligible rural, urban and suburban areas in
 the state. The commissioner shall maintain an accounting of  the  vacant
 land  and  space  of  private  universities  and colleges that have been
 approved as tax-free NY areas and shall stop accepting applications  for
 approval of tax-free NY areas when that maximum amount has been reached.
   (c)  Of the maximum aggregate amount in paragraph (b) of this subdivi-
 sion, an initial amount of seventy-five thousand square  feet  shall  be
 designated  as tax-free NY areas in each of the following:  Nassau coun-
 ty, Suffolk county, Westchester county and  the  boroughs  of  Brooklyn,
 Bronx,  Manhattan,  Queens  and Staten Island. The board may approve the
 designation of up to an additional seventy-five thousand square feet for
 any county or borough that reaches  the  initial  seventy-five  thousand
 square  foot  limit, provided that such additional seventy-five thousand
 square feet shall not count against the square  footage  limitations  in
 paragraph  (b)  of  this  subdivision. Vacant land and vacant space in a
 building on the campus of the following shall  be  eligible  for  desig-
 nation under this paragraph:
   (i)  a private university or college which campus is located in Nassau
 county, Suffolk county, Westchester county or New York city.
   (ii) a state university campus that meets the criteria of  clause  (B)
 [or (C)] of subparagraph (i) of paragraph (c) of subdivision one of this
 section.
   (iii) a community college whose main campus is in New York city.
   (iv)  a  city  university campus that is not designated under subpara-
 graph (iii) of paragraph (c) of subdivision one of this section.
   (d) In addition, the board  may  approve:  (i)  one  application  that
 includes  eligible land owned or leased by a city university campus that
 is directly adjacent to such campus; (ii) one application that  includes
 eligible  land  owned  or leased by a state university campus, community
 college, or private university or college in Nassau  county  or  Suffolk
 county  that is directly adjacent to such campus, university or college;
 and (iii) one application that includes eligible land owned or leased by
 a state university campus, community college, or private  university  or
 college  in Westchester county that is directly adjacent to such campus,
 university or college. The board may approve an additional  application,
 for  a state university campus, community college, or private university
 or college in the county not previously approved under subparagraph (ii)
 of this paragraph, in which case it shall also approve a second applica-
 tion under subparagraph (i) of this paragraph.
   3. Prohibition. A state university campus, community college  or  city
 university  campus  is  prohibited  from  relocating  or eliminating any
 academic programs, any administrative programs, offices, housing facili-
 ties, dining facilities, athletic facilities,  or  any  other  facility,
 space  or  program  that  actively  serves students, faculty or staff in
 order to create vacant land or space to  be  utilized  for  the  program
 authorized  by  this article. In addition, nothing in this article shall
 be deemed to waive or impair any rights or benefits of employees of  the
 state university of New York, a community college or the city university
 of  New  York  that otherwise would be available to them pursuant to the

 S. 2005                            80                            A. 3005

 terms of  agreements  between  the  certified  representatives  of  such
 employees  and their employers pursuant to article fourteen of the civil
 service law. No services or work currently performed by public employees
 of  the  state  university of New York, a community college, or the city
 university of New York or future work  that  is  similar  in  scope  and
 nature  to  the work being currently performed by public employees shall
 be contracted out or privatized by the state university of New  York,  a
 community college or the city university of New York or by an affiliated
 entity  or  associated  entity  of  the  state university of New York, a
 community college or the city university of New York. For the purpose of
 this section, an  affiliated  entity  or  associated  entity  shall  not
 include  a business that is participating in the [START-UP NY] EXCELSIOR
 BUSINESS program.
   § 6. Section 433 of the economic development law, as added by  section
 1  of  part  A  of chapter 68 of the laws of 2013, is amended to read as
 follows:
   § 433. Eligibility criteria for business.  1. In order to  participate
 in the [START-UP NY] EXCELSIOR BUSINESS program, a business must satisfy
 all of the following criteria.
   (a)  The  mission  and  activities  of the business must align with or
 further the academic mission of the campus, college or university  spon-
 soring  the  tax-free NY area in which it seeks to locate, and the busi-
 ness's participation in the [START-UP  NY]  EXCELSIOR  BUSINESS  program
 must have positive community and economic benefits.
   (b)  The  business  must demonstrate that it will, in its first [year]
 FIVE YEARS of operation IN A TAX-FREE NY AREA, create  AND  MAINTAIN  AT
 LEAST  ONE  net new [jobs] JOB.  [After its first year of operation, the
 business must maintain net new jobs.] In addition, the average number of
 employees of the business and its related persons in  the  state  during
 [the]  EACH year must equal or exceed the sum of: (i) the average number
 of employees of the business and its related persons in the state during
 the year immediately preceding the year in which  the  business  submits
 its  application  to locate in a tax-free NY area; and (ii) net new jobs
 of the business in the tax-free NY area during  the  CURRENT  year.  The
 average  number  of employees of the business and its related persons in
 the state shall be determined by adding together  the  total  number  of
 employees  of the business and its related persons in the state on March
 thirty-first, June thirtieth, September thirtieth and  December  thirty-
 first and dividing the total by the number of such dates occurring with-
 in such year.
   (c) [Except as provided in paragraphs (g) and (h) of this subdivision,
 at the time it submits its application for the START-UP NY program, the]
 THE business must be a new business [to the state], AS DEFINED IN SUBDI-
 VISION SIX OF SECTION FOUR HUNDRED THIRTY-ONE OF THIS ARTICLE.
   (d)  The  business  may  be organized as a corporation, a partnership,
 limited liability company or a sole proprietorship.
   (e) Upon completion of its first year in the [START-UP  NY]  EXCELSIOR
 BUSINESS  program  and thereafter, the business must complete and timely
 file the annual report required under section four hundred  thirty-eight
 of this article.
   (f) [Except as provided in paragraphs (g) and (h) of this subdivision,
 the business must not be engaged in a line of business that is currently
 or  was  previously conducted by the business or a related person in the
 last five years in New York state] THE BUSINESS MUST DEMONSTRATE THAT IT
 IS ENGAGED IN DEVELOPMENT OR MARKET EVALUATION FOR A PRODUCT OR  SERVICE
 THAT  WILL  BE  PROVIDED FROM THE TAX-FREE NY AREA TO WHICH THE BUSINESS

 S. 2005                            81                            A. 3005

 HAS APPLIED TO LOCATE, AND THAT THE PREDOMINANT ACTIVITY OF THE BUSINESS
 IN THE TAX-FREE NY AREA WILL BE DEVELOPMENT OR PRODUCTION OF THE PRODUCT
 OR SERVICE.
   (g) [If a business does not satisfy the eligibility standard set forth
 in  paragraph  (c)  or  (f) of this subdivision, because at one point in
 time it operated in New York state but moved its operations out  of  New
 York  state  on or before June first, two thousand thirteen, the commis-
 sioner shall grant that business permission to apply to  participate  in
 the START-UP NY program if the commissioner determines that the business
 has demonstrated that it will substantially restore the jobs in New York
 state  that  it  previously  had  moved out of state.] THE BUSINESS MUST
 AGREE TO LOCATE ALL OF ITS BUSINESS ACTIVITIES IN NEW YORK STATE IN  ONE
 OR  MORE  TAX-FREE  NY AREAS IF APPROVED TO PARTICIPATE IN THE EXCELSIOR
 BUSINESS PROGRAM.
   (h) [If a business seeks to expand its current operations in New  York
 state into a tax-free NY area but the business does not qualify as a new
 business  because  it  does not satisfy the criteria in paragraph (c) of
 subdivision six of section four hundred thirty-one of  this  article  or
 the  business  does  not  satisfy  the eligibility standard set forth in
 paragraph (f) of this subdivision,  the  commissioner  shall  grant  the
 business  permission  to apply to participate in the START-UP NY program
 if the commissioner determines that the business has  demonstrated  that
 it  will  create net new jobs in the tax-free NY area and that it or any
 related person has not eliminated any jobs in the  state  in  connection
 with  this  expansion.]  THE  BUSINESS MUST AGREE TO PROMPTLY NOTIFY THE
 SPONSORING COLLEGE OR UNIVERSITY AND THE COMMISSIONER OF ANY SIGNIFICANT
 CHANGE IN ORGANIZATIONAL STRUCTURE.
   2. The following types of businesses, AS DETERMINED BY THE COMMISSION-
 ER BASED UPON THE PROPOSED PREDOMINANT ACTIVITY OF EACH BUSINESS  APPLY-
 ING  TO  PARTICIPATE  IN  THE EXCELSIOR BUSINESS PROGRAM, are prohibited
 from participating in the [START-UP NY] EXCELSIOR BUSINESS program.
   (a) retail and wholesale businesses;
   (b) restaurants;
   (c) real estate brokers;
   (d) law firms;
   (e) medical or dental practices;
   (f) real estate management companies;
   (g) hospitality;
   (h) finance and financial services;
   (i) businesses providing personal services;
   (j) businesses providing business administrative or support  services,
 unless  such  business  has received permission from the commissioner to
 apply to participate in the [START-UP  NY]  EXCELSIOR  BUSINESS  program
 upon  demonstration  that  the  business  would create no fewer than one
 hundred net new jobs in the tax-free NY area;
   (k) accounting firms;
   (l) businesses providing utilities; and
   (m) businesses engaged in the generation or distribution of  electric-
 ity, the distribution of natural gas, or the production of steam associ-
 ated with the generation of electricity.
   [2-a.  Additional  eligibility  requirements in Nassau county, Suffolk
 county, Westchester county and New York city. In order to be eligible to
 participate in the START-UP NY program in Nassau county, Suffolk county,
 Westchester county or New York city, a business must be:
   (a) in the formative stage of development; or

 S. 2005                            82                            A. 3005

   (b) engaged in  the  design,  development,  and  introduction  of  new
 biotechnology, information technology, remanufacturing, advanced materi-
 als,  processing,  engineering  or electronic technology products and/or
 innovative manufacturing processes, and meet such other requirements for
 a high-tech business as the commissioner shall develop.]
   3.  A  business  must  be in compliance with all worker protection and
 environmental laws and regulations. In addition, a business may not  owe
 past due federal or state taxes or local property taxes.
   [4.  Any  business  that has successfully completed residency in a New
 York state incubator pursuant to section sixteen-v  of  section  one  of
 chapter  one hundred seventy-four of the laws of nineteen hundred sixty-
 eight constituting the urban development  corporation  act,  subject  to
 approval  of  the commissioner, may apply to participate in the START-UP
 NY program provided that such business locates in a  tax-free  NY  area,
 notwithstanding  the  fact  that  the  business may not constitute a new
 business.]
   § 7. Section 434 of the economic development law, as added by  section
 1  of  part  A  of chapter 68 of the laws of 2013, is amended to read as
 follows:
   § 434. Tax benefits. 1. A business that is accepted into the [START-UP
 NY] EXCELSIOR BUSINESS program and locates in a tax-free NY area or  the
 owner  of  a  business that is accepted into the [START-UP NY] EXCELSIOR
 BUSINESS program and locates in a tax-free NY area is eligible  for  the
 tax benefits specified in section thirty-nine of the tax law. Subject to
 the limitations of subdivision [two] THREE of this section, employees of
 such  business  satisfying  the  eligibility  requirements  specified in
 section thirty-nine of the tax law shall be eligible  for  the  personal
 income  tax  benefits described in such section in a manner to be deter-
 mined by the department of taxation and finance.
   2. A BUSINESS THAT IS A NEW BUSINESS PURSUANT TO  SUBDIVISION  SIX  OF
 SECTION  FOUR  HUNDRED  THIRTY-ONE OF THIS ARTICLE THAT IS ACCEPTED INTO
 THE EXCELSIOR BUSINESS PROGRAM AND LOCATES IN A TAX-FREE NY  AREA  SHALL
 BE  ELIGIBLE  FOR  THE  BENEFITS DESCRIBED IN SUBDIVISION ONE OF SECTION
 THREE HUNDRED FIFTY-FIVE OF THIS CHAPTER, AND, SUBJECT TO THE DISCRETION
 OF THE COMMISSIONER, MAY BE  ELIGIBLE  FOR  THE  BENEFITS  DESCRIBED  IN
 SUBDIVISIONS TWO, THREE, AND FOUR OF SECTION THREE HUNDRED FIFTY-FIVE OF
 THIS  CHAPTER,  PROVIDED  THAT  SUCH  BUSINESS SATISFIES THE ELIGIBILITY
 CRITERIA ENUMERATED IN SECTION THREE HUNDRED FIFTY-THREE OF  THIS  CHAP-
 TER.
   3.  The  aggregate number of net new jobs approved for personal income
 tax benefits under this article shall not exceed ten thousand  jobs  per
 year  during  the  period in which applications are accepted pursuant to
 section four hundred thirty-six of this article. The commissioner  shall
 allocate  to  each  business  accepted to locate in a tax-free NY area a
 maximum number of net new jobs that shall be eligible for  the  personal
 income  tax benefits described in subdivision (e) of section thirty-nine
 of the tax law based on the schedule of job  creation  included  in  the
 application  of  such  business. At such time as the total number of net
 new jobs under such approved applications reaches the applicable  allow-
 able  total  of  aggregate net new jobs for tax benefits for the year in
 which the application is accepted, the commissioner shall stop  granting
 eligibility  for personal income tax benefits for net new jobs until the
 next year. Any business not granted such personal  income  tax  benefits
 for  net  new jobs for such reason shall be granted such benefits in the
 next year prior to the consideration of new applicants. In addition,  if
 the  total number of net new jobs approved for tax benefits in any given

 S. 2005                            83                            A. 3005
 
 year is less than  the  maximum  allowed  under  this  subdivision,  the
 difference  shall be carried over to the next year. A business may amend
 its schedule of job creation in the same  manner  that  it  applied  for
 participation  in  the [START-UP NY] EXCELSIOR BUSINESS program, and any
 increase in eligibility for personal income tax benefits  on  behalf  of
 additional  net  new  jobs  shall  be subject to the limitations of this
 subdivision. If the business accepted to locate in a  tax-free  NY  area
 creates more net new jobs than for which it is allocated personal income
 tax  benefits, the personal income tax benefits it is allocated shall be
 provided to those individuals employed in those net new  jobs  based  on
 the employees' dates of hiring.
   §  8. Subdivisions 1, 2, 3 and 4 of section 435 of the economic devel-
 opment law, subdivisions 1, 2 and 3 as added by section 1 of part  A  of
 chapter 68 of the laws of 2013 and subdivision 4 as amended by section 2
 of  part  B  of  chapter  60 of the laws of 2015, are amended to read as
 follows:
   1. The president or chief executive officer of  any  state  university
 campus, community college or city university campus seeking to sponsor a
 tax-free  NY  area  and  have  some of its eligible land specified under
 subdivision one of section four hundred thirty-two of  this  article  be
 designated  as a tax-free NY area must submit a plan to the commissioner
 that specifies the land or space the campus or college wants to include,
 describes the type of business or businesses that  may  locate  on  that
 land or in that space, explains how those types of businesses align with
 or further the academic mission of the campus or college and how partic-
 ipation  by  those  types  of  businesses in the [START-UP NY] EXCELSIOR
 BUSINESS program would have positive community  and  economic  benefits,
 and  describes  the  process the campus or college will follow to select
 participating businesses. At least thirty days prior to submitting  such
 plan,  the  campus  or  college must provide the municipality or munici-
 palities in which the  proposed  tax-free  NY  area  is  located,  local
 economic  development entities, the applicable campus or college faculty
 senate, union representatives and the campus student government  with  a
 copy  of  the  plan.  In  addition, if the plan of the campus or college
 includes land or space located outside of  the  campus  boundaries,  the
 campus  or  college must consult with the municipality or municipalities
 in which such land or space is located prior to including such space  or
 land in its proposed tax-free NY area and shall give preference to unde-
 rutilized  properties.  Before approving or rejecting the plan submitted
 by a state university  campus,  community  college  or  city  university
 campus, the commissioner shall consult with the chancellor of the appli-
 cable university system or his or her designee.
   2.  The president or chief executive officer of any private college or
 university or of any state university campus, community college or  city
 university campus seeking to sponsor a tax-free NY area and have some of
 its  eligible  land  specified  under  subdivision  two  of section four
 hundred thirty-two of this article be designated as a tax-free  NY  area
 must  submit a plan to the commissioner that specifies the land or space
 the college or university wants to include, describes the type of  busi-
 ness  or  businesses  that  may  locate  on  that land or in that space,
 explains how those types of businesses align with or further the academ-
 ic mission of the college or university and how participation  by  those
 types  of  businesses  in  the  [START-UP NY] EXCELSIOR BUSINESS program
 would have positive community and economic benefits, and  describes  the
 process  the campus or college will follow to select participating busi-
 nesses. In addition, if the plan of the campus or college includes  land

 S. 2005                            84                            A. 3005
 
 or space located outside of the campus boundaries, the campus or college
 must  consult with the municipality or municipalities in which such land
 or space is located prior  to  including  such  space  or  land  in  its
 proposed  tax-free  NY  area and shall notify local economic development
 entities. The commissioner shall forward the plan submitted  under  this
 subdivision  to  the [START-UP NY] EXCELSIOR BUSINESS approval board. In
 evaluating such plans, the  board  shall  examine  the  merits  of  each
 proposal,  including  but not limited to, compliance with the provisions
 of this article, reasonableness of the economic and  fiscal  assumptions
 contained  in  the  application  and in any supporting documentation and
 potential of the proposed project to create new jobs,  and,  except  for
 proposals for designation of eligible land under paragraph (c) of subdi-
 vision  two  of  section  four hundred thirty-two of this article, shall
 prioritize for acceptance and inclusion into the [START-UP NY] EXCELSIOR
 BUSINESS program plans for tax-free NY areas in counties that contain  a
 city with a population of one hundred thousand or more without a univer-
 sity  center  as  defined  in subdivision seven of section three hundred
 fifty of the education law on the effective date  of  this  article.  No
 preference  shall  be given based on the time of submission of the plan,
 provided that any submission deadlines established by the board are met.
 In addition, the board shall give  preference  to  private  colleges  or
 universities that include underutilized properties within their proposed
 tax-free  NY areas. The board by a majority vote shall approve or reject
 each plan forwarded to it by the commissioner.
   3. A campus, university  or  college  may  amend  its  approved  plan,
 provided  that  the  campus,  university  or college may not violate the
 terms of any lease with a business located in the approved  tax-free  NY
 area.  In addition, if a business located in a tax-free NY area does not
 have a lease with a campus, university or college, and such business  is
 terminated from the [START-UP NY] EXCELSIOR BUSINESS program pursuant to
 paragraph  (b) of subdivision four of section four hundred thirty-six of
 this article, and subsequently does not relocate outside of the tax-free
 NY area, a campus, university or college may amend its approved plan  to
 allocate  an amount of vacant land or space equal to the amount of space
 occupied by the business that  is  terminated.  The  amendment  must  be
 approved pursuant to the procedures and requirements set forth in subdi-
 vision  one  or  two of this section, whichever is applicable; PROVIDED,
 HOWEVER, THAT A COLLEGE OR UNIVERSITY WHICH HAS OBTAINED THE APPROVAL OF
 THE EXCELSIOR BUSINESS APPROVAL BOARD FOR A PLAN PURSUANT TO SUBDIVISION
 TWO OF THIS SECTION MAY AMEND THE LAND AND SPACE DESIGNATED  UNDER  SUCH
 PLAN  PURSUANT  TO  THE  PROCEDURES DESCRIBED IN SUBDIVISION ONE OF THIS
 SECTION.
   4. The [START-UP NY] EXCELSIOR BUSINESS approval  board,  by  majority
 vote,  shall  designate correctional facilities described in subdivision
 fourteen of section four hundred thirty-one of this  article,  [START-UP
 NY]  EXCELSIOR  BUSINESS  airport  facilities  described  in subdivision
 fifteen of section four hundred thirty-one of this  article  and  up  to
 twenty strategic state assets as tax-free NY areas. Each shall be affil-
 iated  with a state university campus, city university campus, community
 college, or private college or university  and  such  designation  shall
 require  the  support  of  the affiliated campus, college or university.
 Each strategic state asset and [START-UP NY] EXCELSIOR BUSINESS  airport
 facility,  other  than a correctional facility, may not exceed a maximum
 of two hundred thousand square feet of vacant land  or  vacant  building
 space  designated  as a tax-free NY area. Designation of strategic state
 assets, correctional facilities described  in  subdivision  fourteen  of

 S. 2005                            85                            A. 3005
 
 section  four  hundred  thirty-one  of  this  article, and [START-UP NY]
 EXCELSIOR BUSINESS airport facilities described in  subdivision  fifteen
 of  section four hundred thirty-one of this article as tax-free NY areas
 shall  not  count against any square footage limitations in section four
 hundred thirty-two of this article.
   § 9. Section 436 of the economic development law, as added by  section
 1  of  part  A  of chapter 68 of the laws of 2013, is amended to read as
 follows:
   § 436. Businesses locating in tax-free NY areas. 1. A campus,  univer-
 sity  or  college  that  has sponsored a tax-free NY area (including any
 strategic state asset affiliated with the campus, university or college)
 shall solicit and accept applications from businesses to locate in  such
 area  that  are  consistent  with the plan of such campus, university or
 college or strategic state asset that  has  been  approved  pursuant  to
 section  four  hundred  thirty-five  of  this article. Any business that
 wants to locate in a tax-free NY area must submit an application to  the
 campus,  university  or college which is sponsoring the tax-free NY area
 by December thirty-first, two thousand twenty. Prior to such  date,  the
 commissioner  shall  prepare  an  evaluation on the effectiveness of the
 [START-UP NY] EXCELSIOR BUSINESS program and deliver it to the  governor
 and  the  legislature to determine continued eligibility for application
 submissions.
   2. (a) The sponsoring campus, university or college shall provide  the
 application  and all supporting documentation of any business it decides
 to accept into its tax-free NY area to the commissioner for review. Such
 application shall be in a form prescribed by the commissioner and  shall
 contain  all  information  the  commissioner  determines is necessary to
 properly evaluate the business's application, including, but not limited
 to, the name, address, and employer identification number of  the  busi-
 ness;  a  description  of  the  land or space the business will use, the
 terms of the lease agreement,  if  applicable,  between  the  sponsoring
 campus,  university  or college and the business, and whether or not the
 land or space being used by the business is being transferred or  sublet
 to the business from some other business. The application must include a
 certification  by  the  business  that it meets the eligibility criteria
 specified in section four hundred thirty-three of this article and  will
 align  with  or  further  the academic mission of the sponsoring campus,
 college or university, and that  the  business's  participation  in  the
 [START-UP  NY]  EXCELSIOR  BUSINESS program will have positive community
 and economic benefits.  The application must also  describe  whether  or
 not  the  business  competes with other businesses in the same community
 but outside the tax-free NY area.  In  addition,  the  application  must
 include  a  description  of  how the business plans to recruit employees
 from the local workforce.
   (b) The commissioner shall review such application  and  documentation
 within  sixty  days and may reject such application upon a determination
 that the business does not meet the eligibility criteria in section four
 hundred thirty-three of this article, has submitted an incomplete appli-
 cation, has failed to comply with subdivision three of this section,  or
 has  failed  to  demonstrate  that  the  business's participation in the
 [START-UP NY] EXCELSIOR BUSINESS program will  have  positive  community
 and economic benefits, which shall be evaluated based on factors includ-
 ing  but  not limited to whether or not the business competes with other
 businesses in the same community but outside the  tax-free  NY  area  as
 prohibited by section four hundred forty of this article. If the commis-
 sioner  rejects  such  application,  it  shall  provide  notice  of such

 S. 2005                            86                            A. 3005
 
 rejection to the sponsoring campus, university or college and  business.
 If  the commissioner does not reject such application within sixty days,
 such business is accepted to locate in such tax-free NY  area,  and  the
 application  of  such  business shall constitute a contract between such
 business and the sponsoring campus, university or college. The  sponsor-
 ing  campus, university or college must provide accepted businesses with
 documentation of their acceptances in such form  as  prescribed  by  the
 commissioner  of  taxation and finance which will be used to demonstrate
 such business's eligibility for the tax benefits  specified  in  section
 thirty-nine of the tax law.
   (c) If a state university campus proposes to enter into a lease with a
 business  for  eligible  land  in a tax-free NY area with a term greater
 than forty years, including any options to renew, or for  eligible  land
 in  a  tax-free  NY  area  of one million or more square feet, the state
 university campus, at the same time as the application  is  provided  to
 the commissioner, also must submit the lease for review to the [START-UP
 NY]  EXCELSIOR BUSINESS approval board. If the board does not disapprove
 of the lease terms within thirty days, the lease is deemed approved.  If
 the  board disapproves the lease terms, the state university campus must
 submit modified lease terms to the commissioner for review. The  commis-
 sioner's sixty day review period is suspended while the board is review-
 ing  the  lease  and  during  the time it takes for the state university
 campus to modify the lease terms.
   (d) Except as otherwise provided in this article, proprietary informa-
 tion or supporting documentation submitted by a business to a sponsoring
 campus, university or college shall only be utilized for the purpose  of
 evaluating such business's application or compliance with the provisions
 of  this  article  and  shall not be otherwise disclosed. Any person who
 willfully discloses such information to a  third  party  for  any  other
 purpose whatsoever shall be guilty of a misdemeanor.
   3.  The  business  submitting the application, as part of the applica-
 tion, must:
   (a) agree to allow the department of taxation and finance to share its
 tax information with the department and the sponsoring campus, universi-
 ty or college;
   (b) agree to allow the department  of  labor  to  share  its  tax  and
 employer  information  with  the  department  and the sponsoring campus,
 university or college;
   (c) allow the department and its agents  and  the  sponsoring  campus,
 university  or  college  access  to  any  and  all books and records the
 department or sponsoring campus, university or college  may  require  to
 monitor compliance;
   (d)  [include  performance benchmarks, including the number of net new
 jobs that must be created, the schedule for  creating  those  jobs,  and
 details on job titles and expected salaries. The application must speci-
 fy  the  consequences for failure to meet such benchmarks, as determined
 by the business and the sponsoring campus, university or  college:  (i)]
 AGREE  THAT  THE  FAILURE  OF  THE  BUSINESS TO MEET THE REQUIREMENTS OF
 SUBDIVISION ONE OF SECTION FOUR HUNDRED  THIRTY-THREE  OF  THIS  ARTICLE
 SHALL  RESULT  IN THE suspension of such business's participation in the
 [START-UP NY] EXCELSIOR BUSINESS program for one or more  tax  years  as
 specified  in  such  application[;  (ii)  termination of such business's
 participation in the START-UP  NY  program;  and/or  (iii)  proportional
 recovery of tax benefits awarded under the START-UP NY program as speci-
 fied  in  section  thirty-nine  of  the tax law] AND THAT THE BUSINESS'S
 PARTICIPATION IN THE EXCELSIOR BUSINESS PROGRAM SHALL BE  TERMINATED  IN

 S. 2005                            87                            A. 3005
 
 THE  EVENT THAT IT DOES NOT CREATE AND MAINTAIN AT LEAST ONE NET NEW JOB
 WITHIN FIVE YEARS OF THE DATE THAT SUCH BUSINESS LOCATES TO  A  TAX-FREE
 NY AREA;
   (e) provide the following information to the department and sponsoring
 campus, university or college upon request:
   (i) the prior three years of federal and state income or franchise tax
 returns,  unemployment  insurance  quarterly  returns, real property tax
 bills and audited financial statements;
   (ii) the employer identification or social security  numbers  for  all
 related  persons  to  the  business, including those of any members of a
 limited liability company or partners in a partnership;
   (f) provide a clear and detailed presentation of all  related  persons
 to the business to assure the department that jobs are not being shifted
 within the state; and
   (g)  certify,  under  penalty  of  perjury,  that it is in substantial
 compliance with all environmental, worker protection, and local,  state,
 and federal tax laws, and that it satisfies all the eligibility require-
 ments to participate in the [START-UP NY] EXCELSIOR BUSINESS program.
   4.  (a) At the conclusion of the lease term of a lease by the sponsor-
 ing campus, university or college to a business of land or  space  in  a
 tax-free  NY area owned by the sponsoring campus, university or college,
 the leased land or space and any improvements thereon  shall  revert  to
 the  sponsoring  campus,  university  or  college,  unless  the lease is
 renewed.
   (b) If, at any time, the sponsoring campus, university or  college  or
 the  commissioner  determines that a business no longer satisfies any of
 the eligibility criteria specified in section four hundred  thirty-three
 of  this  article,  the  sponsoring  campus, university or college shall
 recommend to the commissioner that the  commissioner  terminate  or  the
 commissioner  on  his  or her own initiative shall immediately terminate
 such business's participation in the [START-UP  NY]  EXCELSIOR  BUSINESS
 program. Such business shall be notified of such termination by a method
 which  allows  for verification of receipt of such termination notice. A
 copy of such termination notice shall be sent  to  the  commissioner  of
 taxation  and finance. Upon such termination, such business shall not be
 eligible for the tax benefits specified in section  thirty-nine  of  the
 tax  law  for that or any future taxable year, calendar quarter or sales
 tax quarter, although employees of such business may continue  to  claim
 the  tax  benefit  for  their wages during the remainder of that taxable
 year.  Further, such lease or contract between  the  sponsoring  campus,
 university or college and such business shall be rescinded, effective on
 the  thirtieth day after the commissioner mailed such termination notice
 to such business and the land or  space  and  any  improvements  thereon
 shall revert to the sponsoring campus, university or college.
   5.  The  commissioner  shall  promulgate regulations to effectuate the
 purposes of this section, including, but not  limited  to,  establishing
 the  process  for the evaluation and possible rejection of applications,
 the eligibility criteria that will be applied in evaluating those appli-
 cations, THE AMENDMENT OF APPLICATIONS OF BUSINESSES APPROVED TO  LOCATE
 TO  TAX-FREE NY AREAS, and the process for terminations from the [START-
 UP NY] EXCELSIOR BUSINESS program and  administrative  appeals  of  such
 terminations.
   6.  ANY  BUSINESS  APPROVED  TO  PARTICIPATE IN THE EXCELSIOR BUSINESS
 PROGRAM THAT EXPERIENCES A SIGNIFICANT CHANGE IN  ORGANIZATIONAL  STRUC-
 TURE  SHALL  APPLY TO THE COMMISSIONER TO REMAIN ELIGIBLE TO PARTICIPATE
 IN THE EXCELSIOR BUSINESS PROGRAM.  THE  COMMISSIONER  MAY  APPROVE  THE

 S. 2005                            88                            A. 3005
 
 CONTINUED  PARTICIPATION  OF  SUCH  BUSINESS  IN  THE EXCELSIOR BUSINESS
 PROGRAM IF THE SIGNIFICANT CHANGE IN ORGANIZATIONAL STRUCTURE  DOES  NOT
 SUBSTANTIALLY  MODIFY  THE  CONDITIONS  OF  SUCH BUSINESS' PARTICIPATION
 BASED  UPON FACTORS SET FORTH BY THE COMMISSIONER IN REGULATIONS INCLUD-
 ING, BUT NOT LIMITED TO, THE AFFILIATION OF THE BUSINESS WITH THE  SPON-
 SORING  COLLEGE  OR UNIVERSITY, THE ACTIVITY TO BE CONDUCTED IN THE TAX-
 FREE NY AREA SUBSEQUENT TO  THE  SIGNIFICANT  CHANGE  IN  ORGANIZATIONAL
 STRUCTURE, AND ANY ECONOMIC IMPACT RESULTING FROM THE SIGNIFICANT CHANGE
 IN  ORGANIZATIONAL STRUCTURE. THE COMMISSIONER MAY TERMINATE THE PARTIC-
 IPATION OF THE BUSINESS IN THE EXCELSIOR BUSINESS PROGRAM IN  THE  EVENT
 THAT  THE  COMMISSIONER DETERMINES THAT THE SIGNIFICANT CHANGE IN ORGAN-
 IZATIONAL STRUCTURE OF THE BUSINESS WILL SUBSTANTIALLY MODIFY THE CONDI-
 TIONS OF THE BUSINESS' PARTICIPATION IN THE EXCELSIOR BUSINESS  PROGRAM.
 APPROVAL  BY  THE COMMISSIONER OF THE CONTINUED PARTICIPATION OF A BUSI-
 NESS IN THE EXCELSIOR  BUSINESS  PROGRAM  SUBSEQUENT  TO  A  SIGNIFICANT
 CHANGE IN ORGANIZATIONAL STRUCTURE SHALL NOT AFFECT THE PERIOD FOR WHICH
 THE  BUSINESS  MAY CLAIM BENEFITS PURSUANT TO SECTION FOUR HUNDRED THIR-
 TY-FOUR OF THIS ARTICLE.
   § 10. Section 438 of the economic development law, as added by section
 1 of part A of chapter 68 of the laws of 2013, is  amended  to  read  as
 follows:
   §  438.  Disclosure  authorization and reporting requirements. [1. The
 commissioner and the department shall disclose publicly  the  names  and
 addresses  of the businesses located within a tax-free NY area. In addi-
 tion, the commissioner and the department shall  disclose  publicly  and
 include  in  the  annual  report  required under subdivision two of this
 section such other information contained in  such  businesses'  applica-
 tions and annual reports, including the projected number of net new jobs
 to  be  created, as they determine is relevant and necessary to evaluate
 the success of this program.
   2. (a) The commissioner shall prepare an annual report to the governor
 and the legislature. Such report shall include the  number  of  business
 applicants,  number  of  businesses approved, the names and addresses of
 the businesses located within a tax-free NY area, total amount of  bene-
 fits distributed, benefits received per business, number of net new jobs
 created, net new jobs created per business, new investment per business,
 the  types  of  industries represented and such other information as the
 commissioner determines is necessary to evaluate  the  progress  of  the
 START-UP NY program.
   (b)]  Any business located in a tax-free NY area must submit an annual
 report to the commissioner in a form and at  such  time  and  with  such
 information  as  prescribed by the commissioner in consultation with the
 commissioner of taxation and finance. Such information shall  be  suffi-
 cient  for the commissioner and the commissioner of taxation and finance
 to: (i) monitor the  continued  eligibility  of  the  business  and  its
 employees to participate in the [START-UP NY] EXCELSIOR BUSINESS program
 and receive the tax benefits described in section thirty-nine of the tax
 law AND SECTION THREE HUNDRED FIFTY-FIVE OF THIS CHAPTER; AND (ii) eval-
 uate  the progress of the [START-UP NY] EXCELSIOR BUSINESS program[; and
 (iii) prepare the annual report required by paragraph (a) of this subdi-
 vision. Such annual report shall also include information regarding  the
 wages paid during the year to its employees employed in the net new jobs
 created and maintained in the tax-free NY area].
   § 11. Subdivision 2 of section 358 of the economic development law, as
 added  by  section  1  of  part MM of chapter 59 of the laws of 2010, is
 amended to read as follows:

 S. 2005                            89                            A. 3005

   2. The commissioner shall prepare A REPORT on [a quarterly] AN  ANNUAL
 basis  [a  program  report  for posting on the department's website. The
 first report will be due June thirtieth, two thousand eleven, and  every
 three  months thereafter.  Such report shall include, but not be limited
 to,   the  following:  number  of  applicants;  number  of  participants
 approved; names of participants; total  amount  of  benefits  certified;
 benefits received per participant; total number of net new jobs created;
 number of net new jobs created per participant; aggregate new investment
 in the state; new investment per participant;] PERTAINING TO THE EXCELS-
 IOR  JOBS  PROGRAM  AND  EXCELSIOR BUSINESS PROGRAM. THE REPORT SHALL BE
 POSTED TO THE DEPARTMENT'S  WEBSITE,  and  SHALL  INCLUDE  such  [other]
 information  as  the  commissioner determines IS APPROPRIATE TO DESCRIBE
 THE DEPARTMENT'S PROGRESS IN PROMOTING BUSINESS  GROWTH,  JOB  CREATION,
 AND  INNOVATION  THROUGH THE INCENTIVES AVAILABLE UNDER THIS ARTICLE AND
 ARTICLE TWENTY-ONE OF THIS CHAPTER.
   § 12. Section 439 of the economic development law, as added by section
 1 of part A of chapter 68 of the laws of 2013, is  amended  to  read  as
 follows:
   §  439. Conflict of interest guidelines. 1. Each campus, university or
 college participating in the [START-UP NY]  EXCELSIOR  BUSINESS  program
 shall  adopt  a  conflict  of interest policy. Such conflict of interest
 policy shall provide, as it relates to the [START-UP NY] EXCELSIOR BUSI-
 NESS program: (a) as a general principle, that service as an official of
 the campus, university or college shall not  be  used  as  a  means  for
 private  benefit  or  inurement for the official, a relative thereof, or
 any entity in which the official, or relative thereof,  has  a  business
 interest;  (b)  no  official  who is a vendor or employee of a vendor of
 goods or services to the campus, university or college,  or  who  has  a
 business  interest  in  such  vendor,  or  whose relative has a business
 interest in such vendor, shall vote on, or participate in  the  adminis-
 tration by the campus, university or college, as the case may be, of any
 transaction  with  such vendor; and (c) upon becoming aware of an actual
 or potential conflict of interest, an official shall advise  the  presi-
 dent or chief executive officer of the campus, university or college, as
 the  case may be, of his or her or a relative's business interest in any
 such existing or proposed vendor with the campus, university or college.
 Each campus, university or college shall maintain a  written  record  of
 all disclosures of actual or potential conflicts of interest made pursu-
 ant  to paragraph (c) of this subdivision, and shall report such disclo-
 sures, on a calendar year basis, by January thirty-first of  each  year,
 to the auditor for such campus, university or college. The auditor shall
 forward  such  reports  to  the commissioner, who shall make public such
 reports.
   2. For purposes of such conflict of interest policies: (a) an official
 of a campus, university or college has a "business interest" in an enti-
 ty if the individual: (i) owns or controls ten percent or  more  of  the
 stock  of  the entity (or one percent in the case of an entity the stock
 of which is regularly traded on an established securities exchange);  or
 (ii)  serves  as  an  officer,  director or partner of the entity; (b) a
 "relative" of an official of a campus, university or college shall  mean
 any person living in the same household as the individual and any person
 who  is  a  direct  descendant  of that individual's grandparents or the
 spouse of such descendant; and (c) an "official" of a campus, university
 or college shall mean an employee at the level of dean and above as well
 as any other [employee] PERSON with decision-making authority  over  the
 [START-UP NY] EXCELSIOR BUSINESS program.

 S. 2005                            90                            A. 3005
 
   §  13. Subdivisions 1, 2 and 3 of section 353 of the economic develop-
 ment law, subdivisions 1 and 3 as amended by section  2  of  part  K  of
 chapter  59 of the laws of 2015, and subdivision 2 as amended by section
 2 of part G of chapter 61 of the laws of 2011, are amended  to  read  as
 follows:
   1. To be a participant in the excelsior jobs program, a business enti-
 ty shall operate in New York state predominantly:
   (a)  as  a financial services data center or a financial services back
 office operation;
   (b) in manufacturing;
   (c) in software development and new media;
   (d) in scientific research and development;
   (e) in agriculture;
   (f) in the creation or expansion of  back  office  operations  in  the
 state;
   (g) in a distribution center;
   (h)  in  an  industry  with  significant  potential for private-sector
 economic growth and development in this  state  as  established  by  the
 commissioner  in  regulations  promulgated  pursuant to this article. In
 promulgating such regulations the commissioner  shall  include  job  and
 investment criteria;
   (i) as an entertainment company; [or]
   (j) in music production; OR
   (K)  AS  A  BUSINESS APPROVED TO PARTICIPATE IN THE EXCELSIOR BUSINESS
 PROGRAM PURSUANT TO SECTION FOUR HUNDRED THIRTY-SIX OF THIS CHAPTER.
   2. When determining whether an applicant is operating predominately in
 one of the industries listed in subdivision one  of  this  section,  the
 commissioner  will  examine  the  nature of the business activity at the
 location for the proposed project and  will  make  eligibility  determi-
 nations  based  on  such  activity;  PROVIDED,  HOWEVER, THAT A BUSINESS
 ELIGIBLE TO PARTICIPATE IN THE EXCELSIOR JOBS PROGRAM PURSUANT TO  PARA-
 GRAPH  (K) OF SUBDIVISION ONE OF THIS SECTION MAY ENGAGE IN ANY ELIGIBLE
 BUSINESS ACTIVITY PURSUANT TO SECTION FOUR HUNDRED THIRTY-THREE OF  THIS
 CHAPTER.
   3.  For  the  purposes of this article, in order to participate in the
 excelsior jobs program, a business  entity  operating  predominantly  in
 manufacturing must create at least ten net new jobs; A BUSINESS APPROVED
 TO  PARTICIPATE  IN  THE  EXCELSIOR BUSINESS PROGRAM PURSUANT TO SECTION
 FOUR HUNDRED THIRTY-SIX OF THIS CHAPTER MUST CREATE AT  LEAST  FIVE  NET
 NEW  JOBS; a business entity operating predominately in agriculture must
 create at least five net new jobs; a business entity operating  predomi-
 nantly as a financial service data center or financial services customer
 back  office  operation must create at least fifty net new jobs; a busi-
 ness entity operating predominantly in scientific research and  develop-
 ment must create at least five net new jobs; a business entity operating
 predominantly  in software development must create at least five net new
 jobs; a business entity creating or  expanding  back  office  operations
 must  create  at  least  fifty net new jobs; a business entity operating
 predominately in music production must create  at  least  five  net  new
 jobs;  a  business  entity  operating  predominantly as an entertainment
 company must create or obtain at least one hundred net new  jobs;  or  a
 business  entity operating predominantly as a distribution center in the
 state must create at least seventy-five net  new  jobs,  notwithstanding
 subdivision  five  of  this  section;  or  a  business  entity must be a
 regionally significant project as defined in this article[; or].

 S. 2005                            91                            A. 3005
 
   § 14. Subdivision 5 of section 354 of the economic development law, as
 amended by section 2 of part O of chapter 60 of the  laws  of  2016,  is
 amended to read as follows:
   5.  A participant may claim tax benefits commencing in the first taxa-
 ble year that the business enterprise  receives  a  certificate  of  tax
 credit  or  the first taxable year listed on its preliminary schedule of
 benefits, whichever is later. A participant may claim such benefits  for
 the  next  nine consecutive taxable years, provided that the participant
 demonstrates to the department that it continues to satisfy  the  eligi-
 bility  criteria  specified in section three hundred fifty-three of this
 article and subdivision two of this section in  each  of  those  taxable
 years, and provided that no tax credits may be allowed for taxable years
 beginning on or after January first, two thousand [twenty-seven] THIRTY.
 If,  in  any given year, a participant who has satisfied the eligibility
 criteria specified in section three hundred fifty-three of this  article
 realizes  job  creation less than the estimated amount, the credit shall
 be reduced by the proportion of actual job  creation  to  the  estimated
 amount,  provided the proportion is at least seventy-five percent of the
 jobs estimated.  NOTWITHSTANDING THE PROVISION IN THE SECOND SENTENCE OF
 THIS SUBDIVISION REGARDING THE ABILITY OF A PARTICIPANT  TO  CLAIM  SUCH
 BENEFITS  FOR THE NEXT NINE CONSECUTIVE YEARS, A PARTICIPANT ELIGIBLE TO
 PARTICIPATE PURSUANT TO PARAGRAPH (K)  OF  SUBDIVISION  ONE  OF  SECTION
 THREE  HUNDRED  FIFTY-THREE OF THIS ARTICLE MAY CLAIM SUCH BENEFITS ONLY
 FOR THE PERIOD ENDING IN THE LAST TAXABLE YEAR UNDER WHICH THE  BUSINESS
 IS  ENTITLED  TO RECEIVE BENEFITS PURSUANT TO SECTION THIRTY-NINE OF THE
 TAX LAW, PROVIDED THAT NO TAX CREDITS MAY BE ALLOWED FOR  TAXABLE  YEARS
 BEGINNING ON OR AFTER JANUARY FIRST, TWO THOUSAND THIRTY.
   §  15.  Section  359  of  the  economic development law, as amended by
 section 1 of part O of chapter 60 of the laws of  2016,  is  amended  to
 read as follows:
   §  359.  Cap  on tax credit. The total amount of tax credits listed on
 certificates of tax credit issued by the commissioner  for  any  taxable
 year  may not exceed the limitations set forth in this section. One-half
 of any amount of tax credits not awarded for a particular  taxable  year
 in  years  two  thousand  eleven through two thousand twenty-four may be
 used by the commissioner to award tax credits in another taxable year.
 
 Credit components in the aggregate           With respect to taxable
 shall not exceed:                            years beginning in:
 
           $ 50 million                               2011
           $ 100 million                              2012
           $ 150 million                              2013
           $ 200 million                              2014
           $ 250 million                              2015
           $ 183 million                              2016
           $ 183 million                              2017
           $ 183 million                              2018
           $ 183 million                              2019
           $ 183 million                              2020
           $ 183 million                              2021
           $ 133 million                              2022
           $ 83 million                               2023
           $ 36 million                               2024

 S. 2005                            92                            A. 3005
 
   Twenty-five percent of tax credits shall be  allocated  to  businesses
 accepted  into  the  program  under  subdivision  four  of section three
 hundred fifty-three of this article  and  seventy-five  percent  of  tax
 credits shall be allocated to businesses accepted into the program under
 subdivision three of section three hundred fifty-three of this article.
   Provided,  however,  if by September thirtieth of a calendar year, the
 department has not allocated the full amount  of  credits  available  in
 that  year  to  either:  (i)  businesses accepted into the program under
 subdivision four of section three hundred fifty-three of this article or
 (ii) businesses accepted into the program  under  subdivision  three  of
 section  three hundred fifty-three of this article, the commissioner may
 allocate any remaining tax credits  to  businesses  referenced  in  this
 paragraph  as needed; provided, however, that under no circumstances may
 the aggregate statutory cap for  all  program  years  be  exceeded.  One
 hundred  percent  of  the  unawarded amounts remaining at the end of two
 thousand twenty-four may be allocated in subsequent years, notwithstand-
 ing the fifty percent limitation on  any  amounts  of  tax  credits  not
 awarded  in taxable years two thousand eleven through two thousand twen-
 ty-four. Provided, however, no tax credits may be  allowed  for  taxable
 years  beginning  on or after January first, two thousand [twenty-seven]
 THIRTY.
   § 16. Section 215-d of the education law, as added  by  section  1  of
 part Z of chapter 56 of the laws of 2014, is amended to read as follows:
   §  215-d.  State university of New York report on economic development
 activities. The chancellor of the state university  of  New  York  shall
 report  to  the  governor  and  to the legislature, on or before January
 first, two thousand fifteen, on economic development  activities  under-
 taken  by  the  state university of New York. Such report shall include,
 but not be limited to, expenditures of capital funds for economic devel-
 opment activities received from  the  empire  state  development  corpo-
 ration,  SUNY  2020  challenge grant projects, capital expenditures from
 other sources, and activities [for the purpose of securing  START-UP  NY
 approval] OF CAMPUSES OF THE STATE UNIVERSITY OF NEW YORK RELATED TO THE
 EXCELSIOR BUSINESS PROGRAM.
   §  17.  The  section  heading  of section 361 of the education law, as
 added by section 21 of part A of chapter 68 of  the  laws  of  2013,  is
 amended to read as follows:
   [START-UP NY program leases] EXCELSIOR BUSINESS PROGRAM LEASES.
   §  18.  Subdivision  (b)  of  section 31 of the tax law, as amended by
 section 3 of part O of chapter 60 of the laws of  2016,  is  amended  to
 read as follows:
   (b) To be eligible for the excelsior jobs program credit, the taxpayer
 shall  have  been issued a "certificate of tax credit" by the department
 of economic development pursuant to subdivision four  of  section  three
 hundred  fifty-four  of  the economic development law, which certificate
 shall set forth the amount of each credit component that may be  claimed
 for  the  taxable  year.  A  taxpayer, OTHER THAN A BUSINESS ELIGIBLE TO
 PARTICIPATE IN THE EXCELSIOR JOBS PROGRAM PURSUANT TO PARAGRAPH  (K)  OF
 SUBDIVISION  ONE  OF  SECTION  THREE HUNDRED FIFTY-THREE OF THE ECONOMIC
 DEVELOPMENT LAW, may claim such credit for ten consecutive taxable years
 commencing in the first  taxable  year  that  the  taxpayer  receives  a
 certificate  of  tax  credit  or  the  first  taxable year listed on its
 preliminary schedule of benefits, whichever is later, provided  that  no
 tax credits may be allowed for taxable years beginning on or after Janu-
 ary  first,  two  thousand [twenty-seven] THIRTY. A TAXPAYER ELIGIBLE TO
 PARTICIPATE IN THE EXCELSIOR JOBS PROGRAM PURSUANT TO PARAGRAPH  (K)  OF

 S. 2005                            93                            A. 3005
 
 SUBDIVISION  ONE  OF  SECTION  THREE HUNDRED FIFTY-THREE OF THE ECONOMIC
 DEVELOPMENT LAW, MAY CLAIM SUCH CREDIT FOR THE PERIOD COMMENCING IN  THE
 FIRST TAXABLE YEAR THAT THE TAXPAYER RECEIVES A CERTIFICATE OF TAX CRED-
 IT OR THE FIRST TAXABLE YEAR LISTED ON ITS PRELIMINARY SCHEDULE OF BENE-
 FITS,  WHICHEVER  IS  LATER,  AND  ENDING IN THE LAST TAXABLE YEAR UNDER
 WHICH THE BUSINESS IS ENTITLED TO RECEIVE BENEFITS PURSUANT  TO  SECTION
 THIRTY-NINE OF THIS ARTICLE, PROVIDED THAT NO TAX CREDITS MAY BE ALLOWED
 FOR  TAXABLE  YEARS  BEGINNING  ON  OR AFTER JANUARY FIRST, TWO THOUSAND
 THIRTY. The taxpayer shall be allowed to claim only the amount listed on
 the certificate of tax credit for that taxable  year.  Such  certificate
 must  be  attached  to the taxpayer's return. No cost or expense paid or
 incurred by the taxpayer shall be the basis for more than one  component
 of  this  credit  or any other tax credit, except as provided in section
 three hundred fifty-five of the economic development law.
   § 19. Paragraph 1 of subdivision (a) of section 39 of the tax law,  as
 added  by  section  2  of  part  A of chapter 68 of the laws of 2013, is
 amended to read as follows:
   (1) Any business or owner of a business in  the  case  of  a  business
 taxed  as  a sole proprietorship, partnership or New York S corporation,
 that is APPROVED TO LOCATE AND IS located in a tax-free NY area approved
 pursuant to article twenty-one of the economic development law is eligi-
 ble for the tax benefits described in  this  section.  Unless  otherwise
 specified, such business or owner of such business shall be eligible for
 these  tax  benefits  for  a  period  of  ten consecutive taxable years,
 commencing with the taxable year during which  it  locates  in  [the]  A
 tax-free NY area FOR THE FIRST TIME.
   §  20.  Subdivisions  (a),  (c-1), (d), (f), (g), (i), (j) and (k) and
 paragraph (A) of subdivision (h) of section 39 of the tax law,  subdivi-
 sions (a), (d), (f), (g), (i), (j) and (k) and paragraph (A) of subdivi-
 sion  (h)  as  added by section 2 of part A of chapter 68 of the laws of
 2013, subdivision (c-1) as added by section 1 of part T of chapter 59 of
 the laws of 2014, paragraph (4) of subdivision (k) as amended by section
 53 of part A of chapter 59 of the laws of 2014 and paragraph 6 of subdi-
 vision (k) as amended by section 2-a of part T of chapter 59 of the laws
 of 2014, are amended to read as follows:
   (a) (1) Any business or owner of a business in the case of a  business
 taxed  as  a sole proprietorship, partnership or New York S corporation,
 that is APPROVED TO LOCATE AND IS located in a tax-free NY area approved
 pursuant to article twenty-one of the economic development law is eligi-
 ble for the tax benefits described in  this  section.  Unless  otherwise
 specified, such business or owner of such business shall be eligible for
 these  tax  benefits  for  a  period  of  ten consecutive taxable years,
 commencing with the taxable year during which  it  locates  in  [the]  A
 tax-free NY area FOR THE FIRST TIME.
   (2)  In order to be eligible for these tax benefits during any taxable
 year, calendar quarter or sales  tax  quarter,  such  business  must  be
 approved to participate in the [START-UP NY] EXCELSIOR BUSINESS program,
 must  operate at the approved location in the tax-free NY area, and must
 satisfy the eligibility criteria specified in paragraph (b) of  subdivi-
 sion  one  of section four hundred thirty-three of the economic develop-
 ment law.
   (c-1) Excise tax on telecommunication services. Such business or owner
 of a business shall be eligible for a credit of the excise tax on  tele-
 communication  services  imposed  by section one hundred eighty-six-e of
 this chapter that is passed through to such business,  pursuant  to  the
 provisions referenced in subdivision [(k)] (J) of this section.

 S. 2005                            94                            A. 3005
 
   (d) Metropolitan commuter transportation district mobility tax. If the
 tax-free  NY area at which such business is located is within the metro-
 politan commuter transportation district (MCTD), and such business is an
 employer engaged in business within the MCTD,  the  payroll  expense  of
 such  business  at  such  location  within the tax-free NY area shall be
 exempt from the metropolitan commuter transportation  district  mobility
 tax imposed under article twenty-three of this chapter for forty consec-
 utive  calendar  quarters,  commencing  with the calendar quarter during
 which the employer locates in the tax-free  NY  area  within  the  MCTD.
 PROVIDED,  HOWEVER,  IF  SUCH  BUSINESS  LOCATED  IN  A TAX-FREE NY AREA
 OUTSIDE THE MCTD PRIOR TO LOCATING IN A  TAX-FREE  NY  AREA  WITHIN  THE
 MCTD,  ITS BENEFIT PERIOD WITHIN THE MCTD MAY CONSIST OF LESS THAN FORTY
 CONSECUTIVE CALENDAR QUARTERS AND SHALL BE DEEMED  TO  COMMENCE  IN  THE
 CALENDAR  QUARTER  SUCH BUSINESS FIRST LOCATED IN A TAX-FREE NY AREA. If
 the tax-free NY area at which such business is  located  is  within  the
 MCTD  and  the owner of such business is an individual who has net earn-
 ings from self-employment at such location, such net earnings  shall  be
 exempt  from  the metropolitan commuter transportation district mobility
 tax imposed under article twenty-three of this chapter for  ten  consec-
 utive  taxable  years  commencing with the taxable year during which the
 business locates in the tax-free NY area.  PROVIDED,  HOWEVER,  IF  SUCH
 BUSINESS  LOCATED IN A TAX-FREE NY AREA OUTSIDE THE MCTD PRIOR TO LOCAT-
 ING IN A TAX-FREE NY AREA WITHIN THE MCTD, THE BENEFIT  PERIOD  FOR  THE
 OWNER  OF  SUCH  BUSINESS  WITHIN  THE MCTD MAY CONSIST OF LESS THAN TEN
 TAXABLE YEARS AND SHALL BE DEEMED TO COMMENCE IN  THE  TAXABLE  YEAR  IN
 WHICH SUCH BUSINESS FIRST LOCATED IN A TAX-FREE NY AREA.
   (f) Sales and use tax. Such business shall be eligible for a credit or
 refund  for  sales  and use taxes imposed on the retail sale of tangible
 personal property or services under subdivisions (a), (b),  and  (c)  of
 section eleven hundred five and section eleven hundred ten of this chap-
 ter and similar taxes imposed pursuant to the authority of article twen-
 ty-nine  of  this chapter. The credit or refund shall be allowed for one
 hundred twenty consecutive months beginning  with  the  EARLIER  OF  THE
 month during which such business locates in [the] A tax-free NY area FOR
 THE FIRST TIME OR THE MONTH IN WHICH SUCH BUSINESS IS APPROVED TO LOCATE
 IN A TAX-FREE NY AREA FOR THE FIRST TIME.
   (g) Real estate transfer taxes. Any lease of property to such business
 shall be exempt from any state or local real estate transfer tax or real
 property transfer tax. SUCH EXEMPTION SHALL BE AVAILABLE FOR A PERIOD OF
 TEN  CONSECUTIVE  YEARS  COMMENCING  ON  THE  DATE THAT SUCH BUSINESS IS
 APPROVED FOR THE FIRST TIME TO LOCATE IN A TAX-FREE NY AREA.
   (A) Notwithstanding any provision of this chapter to the contrary, the
 commissioner, to the extent practicable, may disclose publicly the names
 and addresses of the businesses receiving any of the tax benefits speci-
 fied in this section. In addition, the commissioner may disclose public-
 ly the amounts of such benefits  allowed  to  each  such  business,  and
 whether  or not a business created or maintained net new jobs during the
 taxable year. With regard to  the  income  tax  exemption  specified  in
 subdivision  (e) of this section, the commissioner may publicly disclose
 the aggregate amounts of such tax exemption  allowed  to  employees.  In
 addition,  the  commissioner may publicly disclose the number of net new
 jobs such business reports on its tax return  or  report  or  any  other
 information  necessary  for  the commissioner of economic development or
 the campus, college  or  university  sponsoring  the  tax-free  NY  area
 approved  pursuant to article twenty-one of the economic development law

 S. 2005                            95                            A. 3005
 
 to monitor and enforce compliance with the law,  rules  and  regulations
 governing the [START-UP NY] EXCELSIOR BUSINESS program.
   (i)  Such  business shall not be allowed to claim any other tax credit
 allowed under this chapter with respect to its activities  or  employees
 in  such  tax-free NY area, EXCEPT THAT SUCH BUSINESS MAY BE ELIGIBLE TO
 CLAIM THE EXCELSIOR JOBS PROGRAM CREDIT COMPONENTS SPECIFIED IN SUBDIVI-
 SION (A) OF SECTION THIRTY-ONE OF THIS ARTICLE, PROVIDED THAT SUCH BUSI-
 NESS SATISFIES THE ELIGIBILITY  CRITERIA  ENUMERATED  IN  SECTION  THREE
 HUNDRED  FIFTY-THREE  OF  THE  ECONOMIC  DEVELOPMENT LAW AND IS ISSUED A
 CERTIFICATE OF TAX CREDIT BY  THE  DEPARTMENT  OF  ECONOMIC  DEVELOPMENT
 PURSUANT  TO SUBDIVISION FOUR OF SECTION THREE HUNDRED FIFTY-FOUR OF THE
 ECONOMIC DEVELOPMENT LAW.
   (j) [If the application of a business for participation in the  START-
 UP  NY program specifies that failure to meet the performance benchmarks
 specified in such application shall result in proportional  recovery  of
 tax  benefits  awarded under the START-UP NY program, the business shall
 be required to reduce the total amount of tax benefits described in this
 section that the business or its owners claimed or received  during  the
 taxable year by the percentage reduction in net new jobs promised by the
 performance benchmarks, and if the tax benefits are reduced to an amount
 less  than  zero, those negative amounts shall be added back as tax. The
 amount required to be added back shall be reported  on  such  business's
 corporate  franchise  tax  report  if such business is taxed as a corpo-
 ration or on the corporate franchise tax reports or personal income  tax
 returns  of  the  owners of such business if such business is taxed as a
 sole proprietorship, partnership or New York S corporation.
   (k)] Cross-references. For application of the  tax  benefits  provided
 for in this section, see the following provisions of this chapter:
   (1) Section 40.
   (4) Article 9-A: section 210-B, subdivision 41 and subdivision 44.
   (5)  Article  22: section 606, subsection (i), paragraph (1), subpara-
 graph (B), clause (xxxvi).
   (6) Article 22: section 606, subsection (ww) and subsection (yy).
   (7) Article 22: section 612, subsection (c), paragraph (40).
   (8) Article 23: section 803.
   (9) Article 28: section 1119, subdivision (d).
   (10) Article 31: section 1405, subdivision (b), paragraph 11.
   § 21. Section 39-a of the tax law, as added by section 3 of part A  of
 chapter 68 of the laws of 2013, is amended to read as follows:
   §  39-a.  Penalties  for fraud in the [START-UP NY] EXCELSIOR BUSINESS
 program. If the commissioner of economic development on his or  her  own
 initiative  or  on the recommendation of a sponsoring campus, university
 or college finally determines that any such  business  participating  in
 the  [START-UP  NY]  EXCELSIOR BUSINESS program authorized under article
 twenty-one of the economic development law  has  acted  fraudulently  in
 connection with its participation in such program, such business:
   (a) shall be immediately terminated from such program;
   (b)  shall  be subject to applicable criminal penalties, including but
 not limited to the felony crime  of  offering  a  false  instrument  for
 filing  in the first degree pursuant to section 175.35 of the penal law;
 and
   (c) shall be required in that year to add back to tax the total  value
 of  the  tax  benefits  described in section thirty-nine of this article
 that such business has received and that the employees of such  business
 have  received up to the date of such finding. The amount required to be
 added back shall be reported  on  such  business's  corporate  franchise

 S. 2005                            96                            A. 3005
 
 report  if  such  business is taxed as a corporation or on the corporate
 franchise tax reports or personal income tax returns of  the  owners  of
 such  business if such business is taxed as a sole proprietorship, part-
 nership or New York S corporation.
   §  22. Subdivisions (a) and (c) of section 40 of the tax law, as added
 by section 4 of part A of chapter 68 of the laws of 2013, paragraph 1 of
 subdivision (c) as amended by section 34 of part T of chapter 59 of  the
 laws of 2015, are amended to read as follows:
   (a)  Allowance  of credit. A taxpayer that is a business or owner of a
 business in the case of a business taxed as a sole proprietorship, part-
 nership or New York S corporation, that is APPROVED  TO  LOCATE  AND  IS
 located  in  [a] ONE OR MORE tax-free NY area OR AREAS approved pursuant
 to article twenty-one of the economic development law and is subject  to
 tax  under  article  nine-A,  or  twenty-two  of  this chapter, shall be
 allowed a credit against such tax, pursuant to the provisions referenced
 in subdivision (e) of  this  section,  to  be  computed  as  hereinafter
 provided.
   (c)  Tax-free  area  allocation  factor.  The tax-free area allocation
 factor shall be the  percentage  representing  the  business's  economic
 presence  in  the  tax-free  NY  area OR AREAS in which the business was
 approved to locate pursuant to article twenty-one of the economic devel-
 opment law. This percentage shall be computed by:
   (1) ascertaining the percentage that the average value  of  the  busi-
 ness's  real  and tangible personal property, whether owned or rented to
 it, in the tax-free NY [area] AREAS in which the business was  [located]
 APPROVED TO LOCATE during the period covered by the taxpayer's report or
 return  bears  to  the average value of the business's real and tangible
 personal property, whether owned or  rented  to  it,  within  the  state
 during such period; provided that the term "value of the business's real
 and tangible personal property" shall have the same meaning as such term
 has in paragraph (a) of subdivision two of section two hundred nine-B of
 this chapter; and
   (2)  ascertaining  the  percentage  that the total wages, salaries and
 other personal service compensation,  similarly  computed,  during  such
 period of employees, except general executive officers, employed at EACH
 OF  the  business's [location] LOCATIONS in the tax-free NY [area] AREAS
 IN WHICH IT WAS APPROVED TO LOCATE, bears to the total  wages,  salaries
 and other personal service compensation, similarly computed, during such
 period, of all the business's employees within the state, except general
 executive officers; and
   (3)  adding  together  the  percentages so determined and dividing the
 result by two.
   For purposes of article twenty-two of this chapter, references in this
 subdivision to property, wages,  salaries  and  other  personal  service
 compensation  shall  be  deemed to be references to such items connected
 with the conduct of a business.
   § 23. Subdivision (d) of section 40  of  the  tax  law,  as  added  by
 section  4  of  part A of chapter 68 of the laws of 2013, clause (ii) of
 subparagraph (B) of paragraph 2 as amended by section  35,  subparagraph
 (C)  of  paragraph  2  as amended by section 36, and subparagraph (B) of
 paragraph 3 as amended by section 37 of part T of chapter 59 of the laws
 of 2015, is amended to read as follows:
   (d) Tax factor. (1) General. The tax factor shall be, in the  case  of
 article nine-A of this chapter, the largest of the amounts of tax deter-
 mined  for the taxable year under paragraphs (a) through (d) of subdivi-
 sion one of section two hundred ten of such article after the  deduction

 S. 2005                            97                            A. 3005
 
 of  any  other  credits  allowable  under  such  article, OTHER THAN THE
 EXCELSIOR JOBS PROGRAM CREDITS ALLOWED UNDER SUBDIVISION  THIRTY-ONE  OF
 SECTION  TWO  HUNDRED  TEN-B.    The tax factor shall be, in the case of
 article  twenty-two  of this chapter, the tax determined for the taxable
 year under subsections (a) through (d) of section  six  hundred  one  of
 such  article  after  the deduction of any other credits allowable under
 such article, OTHER THAN THE  EXCELSIOR  JOBS  PROGRAM  CREDITS  ALLOWED
 UNDER SUBSECTION (QQ) OF SECTION SIX HUNDRED SIX OF THIS CHAPTER.
   (2)  Sole  proprietors,  partners  and S corporation shareholders. (A)
 Where the taxpayer is a sole proprietor of a business located in [a] ONE
 OR MORE tax-free NY [area] AREAS, the taxpayer's  tax  factor  shall  be
 that  portion of the amount determined in paragraph one of this subdivi-
 sion that is attributable to the income of the business at its  location
 in the tax-free NY [area] AREAS IN WHICH IT WAS APPROVED TO LOCATE. Such
 attribution shall be made in accordance with the ratio of the taxpayer's
 income  from such business allocated within the state, entering into New
 York adjusted gross income, to the taxpayer's New  York  adjusted  gross
 income, or in accordance with such other methods as the commissioner may
 prescribe  as  providing  an  apportionment that reasonably reflects the
 portion of the taxpayer's tax attributable to the income of  such  busi-
 ness.  In  no  event  may the ratio so determined exceed 1.0. The income
 from such business allocated within the state shall be determined as  if
 the sole proprietor was a non-resident.
   (B)(i) Where the taxpayer is a member of a partnership that is a busi-
 ness located in [a] ONE OR MORE tax-free NY [area] AREAS, the taxpayer's
 tax  factor  shall be that portion of the amount determined in paragraph
 one of this subdivision that is attributable to the income of the  part-
 nership.  Such attribution shall be made in accordance with the ratio of
 the partner's income from the partnership allocated within the state  to
 the partner's entire income, or in accordance with such other methods as
 the  commissioner  may  prescribe  as  providing  an  apportionment that
 reasonably reflects the portion of the partner's tax attributable to the
 income of the partnership. In no  event  may  the  ratio  so  determined
 exceed  1.0.  The income from the partnership allocated within the state
 shall be determined as if any of the partners was a non-resident.
   (ii) For purposes of article nine-A of this chapter, the  term  "part-
 ner's  income  from  the partnership" means partnership items of income,
 gain, loss and deduction, and New York modifications  thereto,  entering
 into  business income and the term "partner's entire income" means busi-
 ness income, allocated within the state. For purposes of  article  twen-
 ty-two of this chapter, the term "partner's income from the partnership"
 means  partnership  items  of  income, gain, loss and deduction, and New
 York modifications  thereto,  entering  into  New  York  adjusted  gross
 income,  and  the term "partner's entire income" means New York adjusted
 gross income.
   (C) (i) Where the taxpayer is a shareholder of a  New  York  S  corpo-
 ration  that is a business located in [a] ONE OR MORE tax-free NY [area]
 AREAS, the shareholder's tax factor shall be that portion of the  amount
 determined  in paragraph one of this subdivision that is attributable to
 the income of the S corporation.  Such  attribution  shall  be  made  in
 accordance  with the ratio of the shareholder's income from the S corpo-
 ration allocated within the state, entering into New York adjusted gross
 income, to the shareholder's New  York  adjusted  gross  income,  or  in
 accordance  with such other methods as the commissioner may prescribe as
 providing an apportionment that reasonably reflects the portion  of  the
 shareholder's  tax  attributable  to  the  income  of such business. The

 S. 2005                            98                            A. 3005
 
 income of the S corporation allocated within the state shall  be  deter-
 mined by multiplying the income of the S corporation by a business allo-
 cation  factor  that shall be determined in clause (ii) of this subpara-
 graph. In no event may the ratio so determined exceed 1.0.
   (ii)  The business allocation factor for purposes of this subparagraph
 shall be computed by adding together the property  factor  specified  in
 subclause  (I)  of  this  clause, the wage factor specified in subclause
 (II) of this  clause  and  the  apportionment  factor  determined  under
 section two hundred ten-A of this chapter and dividing by three.
   (I)  The  property  factor  shall  be  determined  by ascertaining the
 percentage that the average value of the business's  real  and  tangible
 personal  property,  whether  owned  or  rented  to it, within the state
 during the period covered by the taxpayer's report or  return  bears  to
 the average value of the business's real and tangible personal property,
 whether  owned or rented to it, within and without the state during such
 period; provided that the term "value of the business's real and  tangi-
 ble  personal  property" shall have the same meaning as such term has in
 paragraph (a) of subdivision two of section two hundred nine-B  of  this
 chapter.
   (II)  The wage factor shall be determined by ascertaining the percent-
 age that the total wages, salaries and other  personal  service  compen-
 sation,  similarly  computed,  during  such  period of employees, except
 general executive officers,  employed  at  the  business's  location  or
 locations within the state, bears to the total wages, salaries and other
 personal  service  compensation, similarly computed, during such period,
 of all the business's employees within and  without  the  state,  except
 general executive officers.
   (3)  Combined returns or reports. (A) Where the taxpayer is a business
 located in [a] ONE OR MORE tax-free NY [area] AREAS and is  required  or
 permitted  to  make a return or report on a combined basis under article
 nine-A of this chapter, the taxpayer's tax factor shall  be  the  amount
 determined  in paragraph one of this subdivision that is attributable to
 the income of such business. Such attribution shall be made  in  accord-
 ance  with the ratio of the business's income allocated within the state
 to the combined group's income, or in accordance with such other methods
 as the commissioner may prescribe as  providing  an  apportionment  that
 reasonably reflects the portion of the combined group's tax attributable
 to  the income of such business. In no event may the ratio so determined
 exceed 1.0.
   (B) The term "income of the business located in [a] ONE OR  MORE  tax-
 free NY [area] AREAS" means business income calculated as if the taxpay-
 er  was  filing  separately and the term "combined group's income" means
 business income as shown on the combined report,  allocated  within  the
 state.
   (4)  If  a  business  is generating or receiving income from a line of
 business or intangible property that was previously  conducted,  created
 or  developed  by  the  business  or  a  related person, as that term is
 defined in section four hundred thirty-one of the  economic  development
 law,  the  tax factor specified in this subdivision shall be adjusted to
 disregard such income.   HOWEVER,  IF  THE  INCOME  BEING  GENERATED  OR
 RECEIVED IS FROM THE EXPANSION OF A LINE OF BUSINESS OR INTANGIBLE PROP-
 ERTY  THAT  THE BUSINESS PREVIOUSLY CONDUCTED, CREATED OR DEVELOPED IN A
 LIMITED, PROTOTYPICAL FASHION, THE TAXPAYER MAY REQUEST THAT THE COMMIS-
 SIONER EXERCISE HIS OR HER DISCRETION  TO  NOT  DISREGARD  SUCH  INCOME.
 SUCH  REQUEST  MUST BE MADE IN THE MANNER DETERMINED BY THE COMMISSIONER

 S. 2005                            99                            A. 3005
 
 AND MUST BE MADE BY THE DUE DATE OF THE  TAXPAYER'S  RETURN,  DETERMINED
 WITH REGARD TO EXTENSIONS.
   §  24.  Subdivision  (b)  of  section  803 of the tax law, as added by
 section 11 of part A of chapter 68 of the laws of 2013,  is  amended  to
 read as follows:
   (b) If a tax-free NY area approved pursuant to the provisions of arti-
 cle  twenty-one  of  the  economic development law is located within the
 MCTD, the payroll expense in such tax-free NY area of any employer  that
 is  located  in  such area and accepted into the [START-UP NY] EXCELSIOR
 BUSINESS program shall be exempt from the tax imposed under  this  arti-
 cle. In addition, the net earnings from self-employment of an individual
 from  a  business  in  such  tax-free  NY area that is accepted into the
 [START-UP NY] EXCELSIOR BUSINESS program shall be exempt  from  the  tax
 imposed under this article.
   §  25. Paragraph 11 of subdivision (b) of section 1405 of the tax law,
 as added by section 13 of part A of chapter 68 of the laws of  2013,  is
 amended to read as follows:
   11. Conveyances of real property located in tax-free NY areas approved
 pursuant  to article twenty-one of the economic development law to busi-
 nesses located in such areas that are participating in the [START-UP NY]
 EXCELSIOR BUSINESS program pursuant to such article twenty-one.
   § 26. Subdivision 2 of section 420-a of the real property tax law,  as
 amended  by  section  17 of part A of chapter 68 of the laws of 2013, is
 amended to read as follows:
   2. If any portion of such real property is not so used exclusively  to
 carry out thereupon one or more of such purposes but is leased or other-
 wise  used for other purposes, such portion shall be subject to taxation
 and the remaining portion only shall be exempt; provided, however,  that
 such  real property shall be fully exempt from taxation although it or a
 portion thereof is used (a) for purposes which are  exempt  pursuant  to
 this section or sections four hundred twenty-b, four hundred twenty-two,
 four  hundred twenty-four, four hundred twenty-six, four hundred twenty-
 eight, four hundred thirty or four hundred fifty of this [chapter] TITLE
 by another corporation which owns real  property  exempt  from  taxation
 pursuant  to  such sections or whose real property if it owned any would
 be exempt from taxation pursuant to  such  sections,  (b)  for  purposes
 which  are  exempt  pursuant to section four hundred six or section four
 hundred eight of this [chapter] ARTICLE by a corporation which owns real
 property exempt from taxation pursuant to such section or  if  it  owned
 any  would  be  exempt  from  taxation pursuant to such section, (c) for
 purposes which are exempt pursuant to section four  hundred  sixteen  of
 this  [chapter]  ARTICLE  by  an  organization  which owns real property
 exempt from taxation pursuant to such section or whose real property  if
 it owned any would be exempt from taxation pursuant to such section, (d)
 for  purposes  relating  to civil defense pursuant to the New York state
 defense emergency act, including but not limited to activities in prepa-
 ration for anticipated attack, during attack,  or  following  attack  or
 false  warning  thereof,  or in connection with drill or test ordered or
 directed by civil defense authorities, or (e) for purposes of a tax-free
 NY area that has been approved pursuant to  article  twenty-one  of  the
 economic  development law, subject to the conditions that the real prop-
 erty must have been owned by the corporation  or  association  organized
 exclusively for educational purposes and exempt pursuant to this section
 on June first, two thousand thirteen, and that the exemption shall apply
 only  to  the portion of such real property that is used for purposes of
 the [START-UP NY] EXCELSIOR BUSINESS program; and provided further  that

 S. 2005                            100                           A. 3005
 
 such real property shall be exempt from taxation only so long as it or a
 portion  thereof, as the case may be, is devoted to such exempt purposes
 and so long as any moneys paid for such use do not exceed the amount  of
 the  carrying,  maintenance  and depreciation charges of the property or
 portion thereof, as the case may be.
   § 27. This act shall take effect immediately; provided, however, that:
   a. the amendments to paragraph (c) of subdivision 6 of section 431  of
 the  economic  development  law  made by section three of this act shall
 take effect on the same date and in the same manner as section 3 of part
 S of chapter 59 of the laws of 2014, takes effect; and
   b. the amendments to paragraphs (c), (f) and (g) of subdivision  1  of
 section  433 of the economic development law made by section six of this
 act shall not apply to any  business  approved  to  participate  in  the
 excelsior business program prior to the effective date of this act.
 
                                  PART Y
 
   Section  1. Section 522 of the labor law, as amended by chapter 720 of
 the laws of 1953, is amended to read as follows:
   § 522. Total unemployment.  "Total  unemployment"  OR  "TOTALLY  UNEM-
 PLOYED" means the [total] lack of any employment [on] IN any [day] WEEK.
 The  term  "employment"  as  used  in  this section means any employment
 including that not defined in this title.
   § 2. Section 523 of the labor law, as amended by chapter  675  of  the
 laws of 1977, is amended to read as follows:
   § 523. [Effective day. "Effective day" means a full day of total unem-
 ployment  provided  such day falls within a week in which a claimant had
 four or more days of total unemployment and provided further  that  only
 those  days  of  total  unemployment in excess of three days within such
 week are deemed "effective days". No effective day is deemed to occur in
 a week in which the claimant has days of employment for which he is paid
 compensation exceeding the highest benefit rate which is  applicable  to
 any  claimant  in  such    week.  A  claimant who is employed on a shift
 continuing through midnight is deemed to have been employed on  the  day
 beginning before midnight with respect to such shift, except where night
 shift  employees  are  regularly  scheduled  to start their work week at
 seven post meridiem or thereafter on Sunday night, their regularly sche-
 duled starting time  on  Sunday  shall  be  considered  as  starting  on
 Monday.]  PARTIAL  UNEMPLOYMENT.  "PARTIAL  UNEMPLOYMENT"  OR "PARTIALLY
 UNEMPLOYED" MEANS ANY WEEK WHERE A CLAIMANT HAS RECEIVED REMUNERATION IN
 AN AMOUNT NOT MORE THAN THE MAXIMUM BENEFIT AMOUNT SET  FORTH  IN  PARA-
 GRAPH  (A)  OF  SUBDIVISION  FIVE OF SECTION FIVE HUNDRED NINETY OF THIS
 ARTICLE.
   § 3. Section 524 of the labor law, as added by chapter 5 of  the  laws
 of 2000, is amended to read as follows:
   §  524.  Week  of  employment.  For purposes of this article, "week of
 employment" shall mean a Monday through Sunday  period  during  which  a
 claimant was paid remuneration for employment for an employer or employ-
 ers  liable  for  contributions or for payments in lieu of contributions
 under this article.  A CLAIMANT WHO IS EMPLOYED ON  A  SHIFT  CONTINUING
 THROUGH  MIDNIGHT  IS  DEEMED TO HAVE BEEN EMPLOYED ON THE DAY BEGINNING
 BEFORE MIDNIGHT WITH RESPECT TO SUCH SHIFT,  EXCEPT  WHERE  NIGHT  SHIFT
 EMPLOYEES ARE REGULARLY SCHEDULED TO START THEIR WORK WEEK AT SEVEN POST
 MERIDIEM OR THEREAFTER ON SUNDAY NIGHT, THEIR REGULARLY SCHEDULED START-
 ING TIME ON SUNDAY SHALL BE CONSIDERED AS STARTING ON MONDAY.

 S. 2005                            101                           A. 3005
 
   §  4.  Subdivision  4  of  section 527 of the labor law, as amended by
 chapter 832 of the laws of 1968 and as renumbered by chapter 381 of  the
 laws of 1984, is amended to read as follows:
   4.  General  condition.  A valid original claim may be filed only in a
 week in which the claimant [has at least one effective day of  unemploy-
 ment]  IS  TOTALLY UNEMPLOYED OR PARTIALLY UNEMPLOYED AS DEFINED IN THIS
 ARTICLE.
   § 5. Clauses (i), (ii), (iii) and (iv) of subparagraph 2 of  paragraph
 (e)  of  subdivision  1  of  section 581 of the labor law, as amended by
 chapter 282 of the laws of 2002, are amended to read as follows:
   (i) In those instances where the claimant may not utilize  wages  paid
 to  establish  entitlement  based  upon  subdivision ten of section five
 hundred ninety of this article and an  educational  institution  is  the
 claimant's  last employer prior to the filing of the claim for benefits,
 or the claimant performed services in such  educational  institution  in
 such  capacity  while employed by an educational service agency which is
 the claimant's last employer prior to the filing of the claim for  bene-
 fits,  such  employer  shall  not be liable for benefit charges [for the
 first twenty-eight effective days of benefits paid] IN AN  AMOUNT  EQUAL
 TO  THE BENEFITS PAID FOR SEVEN WEEKS OF TOTAL UNEMPLOYMENT as otherwise
 provided by this section. Under such circumstances, benefits paid  shall
 be  charged  to  the general account. In addition, wages paid during the
 base period by such educational institutions, or for  services  in  such
 educational  institutions  for  claimants  employed  by  an  educational
 service agency shall not be considered base period wages during  periods
 that such wages may not be used to gain entitlement to benefits pursuant
 to subdivision ten of section five hundred ninety of this article.
   (ii)  In those instances where the claimant may not utilize wages paid
 to establish entitlement based upon subdivision eleven of  section  five
 hundred  ninety  of  this  article and an educational institution is the
 claimant's last employer prior to the filing of the claim for  benefits,
 or  the  claimant  performed services in such educational institution in
 such capacity while employed by an educational service agency  which  is
 the  claimant's last employer prior to the filing of the claim for bene-
 fits, such employer shall not be liable for  benefit  charges  [for  the
 first  twenty-eight  effective days of benefits paid] IN AN AMOUNT EQUAL
 TO THE BENEFITS PAID FOR SEVEN WEEKS OF TOTAL UNEMPLOYMENT as  otherwise
 provided  by  this section. Under such circumstances, benefits paid will
 be charged to the general account. In addition, wages  paid  during  the
 base  period  by  such educational institutions, or for services in such
 educational  institutions  for  claimants  employed  by  an  educational
 service  agency shall not be considered base period wages during periods
 that such wages may not be used to gain entitlement to benefits pursuant
 to subdivision eleven of section five hundred ninety  of  this  article.
 However,  in those instances where a claimant was not afforded an oppor-
 tunity to perform services for the educational institution for the  next
 academic  year  or  term  after  reasonable assurance was provided, such
 employer shall be liable for benefit charges as  provided  for  in  this
 paragraph for any retroactive payments made to the claimant.
   (iii)  In  those  instances where the federal government is the claim-
 ant's last employer prior to the filing of the claim  for  benefits  and
 such  employer  is  not  a  base-period employer, payments [equaling the
 first twenty-eight effective days of benefits] IN AN AMOUNT EQUAL TO THE
 BENEFITS PAID  FOR  SEVEN  WEEKS  OF  TOTAL  UNEMPLOYMENT  as  otherwise
 prescribed  by  this section shall be charged to the general account. In
 those instances where the federal  government  is  the  claimant's  last

 S. 2005                            102                           A. 3005
 
 employer prior to the filing of the claim for benefits and a base-period
 employer,  such  employer  shall  be liable for charges for all benefits
 paid on such claim in the same proportion that the remuneration paid  by
 such  employer  during the base period bears to the remuneration paid by
 all employers during the  base  period.  In  addition,  benefit  payment
 charges for the first twenty-eight effective days of benefits other than
 those  chargeable to the federal government as prescribed above shall be
 made to the general account.
   (iv) In those instances where a combined wage claim is filed  pursuant
 to  interstate  reciprocal  agreements  and the claimant's last employer
 prior to the filing of the claim is an out-of-state  employer  and  such
 employer  is  not a base-period employer, benefit payments [equaling the
 first twenty-eight effective days of benefits] IN AN AMOUNT EQUAL TO THE
 BENEFITS PAID  FOR  SEVEN  WEEKS  OF  TOTAL  UNEMPLOYMENT  as  otherwise
 prescribed  by  this section shall be charged to the general account. In
 those instances where the out-of-state employer  is  the  last  employer
 prior to the filing of the claim for benefits and a base-period employer
 such  employer shall be liable for charges for all benefits paid on such
 claim in the same proportion that the remuneration paid by such employer
 during the base period bears to the remuneration paid by  all  employers
 during  the  base  period.  In addition, benefit payment charges for the
 twenty-eight effective days of benefits other than those  chargeable  to
 the  out-of-state  employer  as  prescribed  above  shall be made to the
 general account.
   § 6. Subdivisions 1, 3, 4, paragraph (a) of subdivision 5 and subdivi-
 sions 6 and 7 of section 590 of the labor law, subdivisions 1 and  3  as
 amended  by chapter 645 of the laws of 1951, subdivision 4 as amended by
 chapter 457 of the laws of 1987,  paragraph  (a)  of  subdivision  5  as
 amended by section 8 of part O of chapter 57 of the laws of 2013, subdi-
 vision  6  as added by chapter 720 of the laws of 1953 and as renumbered
 by chapter 675 of the laws of 1977, and  subdivision  7  as  amended  by
 chapter  415  of  the laws of 1983, are amended and three new paragraphs
 (c), (d) and (e) are added to subdivision 5 to read as follows:
   1. Entitlement to benefits. A claimant shall be entitled  to  [accumu-
 late  effective  days  for the purpose of benefit rights] THE PAYMENT OF
 BENEFITS only if he OR SHE has complied  with  the  provisions  of  this
 article  regarding  the filing of his OR HER claim, including the filing
 of a valid original claim, registered as totally UNEMPLOYED OR PARTIALLY
 unemployed, reported his OR HER subsequent employment and  unemployment,
 and  reported  for  work or otherwise given notice of the continuance of
 his OR HER unemployment.
   3. Compensable periods. Benefits shall be paid for each  [accumulation
 of  effective days within a] week OF PARTIAL UNEMPLOYMENT OR TOTAL UNEM-
 PLOYMENT.
   4. Duration. Benefits shall not be paid for more than [one hundred and
 four effective days] AN AMOUNT EXCEEDING TWENTY-SIX TIMES THE CLAIMANT'S
 WEEKLY BENEFIT RATE in any benefit year, except as provided  in  section
 six  hundred one and subdivision two of section five hundred ninety-nine
 of this chapter.
   (a) A claimant's weekly benefit amount shall be  one  twenty-sixth  of
 the  remuneration  paid  during the highest calendar quarter of the base
 period by employers, liable for contributions or  payments  in  lieu  of
 contributions under this article, provided the claimant has remuneration
 paid  in  all  four  calendar  quarters during his or her base period or
 alternate base period. However, for any claimant  who  has  remuneration
 paid  in  all  four  calendar  quarters during his or her base period or

 S. 2005                            103                           A. 3005
 
 alternate base period  and  whose  high  calendar  quarter  remuneration
 during  the  base  period  is  three  thousand five hundred seventy-five
 dollars or less, the benefit amount shall be  one  twenty-fifth  of  the
 remuneration paid during the highest calendar quarter of the base period
 by  employers  liable  for contributions or payments in lieu of contrib-
 utions under this article. A claimant's  weekly  benefit  shall  be  one
 twenty-sixth  of  the average remuneration paid in the two highest quar-
 ters paid during the base period or alternate base period  by  employers
 liable for contributions or payments in lieu of contributions under this
 article when the claimant has remuneration paid in two or three calendar
 quarters  provided  however, that a claimant whose high calendar quarter
 is four thousand dollars or less but greater than  three  thousand  five
 hundred  seventy-five  dollars shall have a weekly benefit amount of one
 twenty-sixth of such high calendar quarter. However,  for  any  claimant
 who  has  remuneration paid in two or three calendar quarters during his
 or her base period or alternate base  period  and  whose  high  calendar
 quarter  remuneration  during  the  base  period  is three thousand five
 hundred seventy-five dollars or less, the benefit amount  shall  be  one
 twenty-fifth  of the remuneration paid during the highest calendar quar-
 ter of the base period by employers liable for contributions or payments
 in lieu of contributions under this article.  Any  claimant  whose  high
 calendar  quarter remuneration during the base period is more than three
 thousand five hundred seventy-five dollars shall not have a weekly bene-
 fit amount less than one hundred forty-three dollars. The weekly benefit
 amount, so computed, that is not a  multiple  of  one  dollar  shall  be
 lowered  to  the  next  multiple  of  one dollar. On the first Monday of
 September, nineteen hundred ninety-eight the weekly benefit amount shall
 not exceed three hundred sixty-five  dollars  nor  be  less  than  forty
 dollars,  until  the  first  Monday of September, two thousand, at which
 time the maximum benefit payable  pursuant  to  this  subdivision  shall
 equal  one-half  of the state average weekly wage for covered employment
 as calculated by the department no sooner than July first, two  thousand
 and no later than August first, two thousand, rounded down to the lowest
 dollar. On and after the first Monday of October, two thousand fourteen,
 the weekly benefit shall not be less than one hundred dollars, nor shall
 it exceed four hundred twenty dollars until the first Monday of October,
 two  thousand  fifteen  when  the  maximum  benefit amount shall be four
 hundred twenty-five dollars, until the  first  Monday  of  October,  two
 thousand  sixteen  when the maximum benefit amount shall be four hundred
 thirty dollars, until the first Monday of October, two  thousand  seven-
 teen  when  the maximum benefit amount shall be four hundred thirty-five
 dollars, until the first Monday of October, two thousand  eighteen  when
 the  maximum  benefit  amount shall be four hundred fifty dollars, until
 the first Monday of October, two  thousand  nineteen  when  the  maximum
 benefit  amount  shall  be thirty-six percent of the average weekly wage
 until the first Monday of October, two thousand twenty when the  maximum
 benefit amount shall be thirty-eight percent of the average weekly wage,
 until the first Monday of October two thousand twenty-one when the maxi-
 mum  benefit  amount  shall be forty percent of the average weekly wage,
 until the first Monday of October,  two  thousand  twenty-two  when  the
 maximum  benefit amount shall be forty-two percent of the average weekly
 wage, until the first Monday of October, two thousand twenty-three  when
 the  maximum  benefit  amount shall be forty-four percent of the average
 weekly wage, until the first Monday of October, two thousand twenty-four
 when the maximum benefit amount shall be forty-six percent of the  aver-
 age  weekly  wage, until the first Monday of October, two thousand twen-

 S. 2005                            104                           A. 3005
 
 ty-five when the maximum benefit amount shall be forty-eight percent  of
 the average weekly wage, until the first Monday of October, two thousand
 twenty-six  and each year thereafter on the first Monday of October when
 the  maximum benefit amount shall be fifty percent of the average weekly
 wage provided, however, that in  no  event  shall  the  maximum  benefit
 amount  be  reduced from the previous year. A CLAIMANT SHALL RECEIVE HIS
 OR HER FULL BENEFIT RATE FOR EACH WEEK OF TOTAL UNEMPLOYMENT.
   (C) ANY CLAIMANT WHO IS PARTIALLY UNEMPLOYED AND ELIGIBLE FOR BENEFITS
 SHALL BE PAID A BENEFIT AMOUNT EQUAL TO THE DIFFERENCE BETWEEN THE WEEK-
 LY BENEFIT AMOUNT TO WHICH HE OR SHE WOULD HAVE BEEN ENTITLED, IF TOTAL-
 LY UNEMPLOYED, AND THE AMOUNT OF HIS OR HER  REMUNERATION  RECEIVED  FOR
 PARTIAL  EMPLOYMENT  PERFORMED  DURING  SUCH WEEK, DISREGARDING EARNINGS
 EQUAL TO FORTY PERCENT OF HIS  OR  HER  WEEKLY  BENEFIT  AMOUNT  OR  ONE
 HUNDRED  DOLLARS,  WHICHEVER IS GREATER.  SUCH WEEKLY BENEFIT AMOUNT, SO
 COMPUTED, THAT IS NOT A MULTIPLE OF ONE DOLLAR SHALL BE LOWERED  TO  THE
 NEXT  MULTIPLE  OF ONE DOLLAR. PROVIDED, HOWEVER, IF A CLAIMANT EARNS IN
 ANY WEEK REMUNERATION FOR PARTIAL EMPLOYMENT IN AN AMOUNT  GREATER  THAN
 THE  MAXIMUM  BENEFIT AMOUNT SET FORTH IN PARAGRAPH (A) OF THIS SUBDIVI-
 SION, HE OR SHE SHALL NOT BE ENTITLED TO RECEIVE BENEFITS FOR SUCH WEEK.
   (D) ANY CLAIMANT WHO  IS  PARTIALLY  UNEMPLOYED  WHOSE  EMPLOYMENT  IS
 LIMITED  TO  TWO  DAYS DURING ANY WEEK OF UNEMPLOYMENT AND WHOSE PAID OR
 PAYABLE REMUNERATION FOR SUCH WEEK IS LESS THAN THE WEEKLY MAXIMUM BENE-
 FIT AMOUNT SHALL BE PAID:
   (1) FOR EMPLOYMENT LIMITED TO ONE DAY, A BENEFIT AMOUNT EQUAL TO THREE
 QUARTERS OF HIS OR HER WEEKLY BENEFIT AMOUNT, IF THAT AMOUNT IS  GREATER
 THAN WHAT THE CLAIMANT WOULD HAVE RECEIVED HAD HIS OR HER BENEFIT AMOUNT
 BEEN COMPUTED PURSUANT TO PARAGRAPH (C) OF THIS SUBDIVISION.
   (2)  FOR  EMPLOYMENT  LIMITED  TO  TWO DAYS, A BENEFIT AMOUNT EQUAL TO
 FIFTY PERCENT OF HIS OR HER WEEKLY BENEFIT AMOUNT,  IF  THAT  AMOUNT  IS
 GREATER  THAN WHAT THE CLAIMANT WOULD HAVE RECEIVED HAD HIS OR HER BENE-
 FIT AMOUNT BEEN COMPUTED PURSUANT TO PARAGRAPH (C) OF THIS SUBDIVISION.
   (E) NOTWITHSTANDING ANY OTHER PROVISION IN THIS ARTICLE, ANY  CLAIMANT
 WHO  PERFORMS  SERVICES AS A CORPORATE OFFICER OR ON A STRICT COMMISSION
 BASIS, OR WHO IS SELF-EMPLOYED SHALL HAVE  HIS  OR  HER  WEEKLY  BENEFIT
 AMOUNT REDUCED BY TWENTY-FIVE PERCENT FOR EACH DAY OR ANY PORTION THERE-
 OF  EXCEEDING  THREE HOURS DURING WHICH HE OR SHE PERFORMS SUCH SERVICES
 OR IS SELF-EMPLOYED.
   6. Notification requirement. [No effective day shall  be  counted  for
 any purposes except effective days as to] BENEFITS SHALL BE PAYABLE ONLY
 FOR  ANY  WEEK  FOR  which  notification  has  been  given  in  a manner
 prescribed by the commissioner.
   7. Waiting period. A claimant shall not  be  entitled  to  [accumulate
 effective  days for the purpose of] RECEIVE benefit payments until he OR
 SHE has [accumulated] COMPLETED a waiting period of [four effective days
 either wholly within the] ONE week  OF  TOTAL  UNEMPLOYMENT  OR  PARTIAL
 UNEMPLOYMENT in which he OR SHE established [his] A valid original claim
 [or  partly  within such week and partly] within his OR HER benefit year
 initiated by such claim.
   § 7. Subdivision 1 and paragraph (a) of subdivision 6 of  section  591
 of the labor law, subdivision 1 as amended by chapter 413 of the laws of
 2003 and paragraph (a) of subdivision 6 as added by section 13 of part O
 of chapter 57 of laws of 2013, are amended to read as follows:
   1.  Unemployment. Benefits, except as provided in section five hundred
 ninety-one-a of this title, shall be paid only  to  a  claimant  who  is
 totally  UNEMPLOYED  OR PARTIALLY unemployed and who is unable to engage
 in his OR HER usual employment or in any other for which he  OR  SHE  is

 S. 2005                            105                           A. 3005
 
 reasonably  fitted by training and experience. A claimant who is receiv-
 ing benefits under this article shall not be denied such benefits pursu-
 ant to this subdivision or to subdivision two of this section because of
 such  claimant's service on a grand or petit jury of any state or of the
 United States.
   (a) No benefits shall be payable to a claimant for any week  during  a
 dismissal  period for which a claimant receives dismissal pay, nor shall
 any [day] PERIOD within such week be considered a [day] PERIOD of  total
 unemployment  under  section five hundred twenty-two of this article, if
 such weekly dismissal pay exceeds the maximum weekly benefit rate.
   § 8. Subdivision 1 of section 591 of the  labor  law,  as  amended  by
 chapter 446 of the laws of 1981, is amended to read as follows:
   1.  Unemployment.  Benefits  shall  be  paid only to a claimant who is
 totally UNEMPLOYED OR PARTIALLY unemployed and who is unable  to  engage
 in  his  OR  HER usual employment or in any other for which he OR SHE is
 reasonably fitted by training and experience. A claimant who is  receiv-
 ing benefits under this article shall not be denied such benefits pursu-
 ant to this subdivision or to subdivision two of this section because of
 such  claimant's service on a grand or petit jury of any state or of the
 United States.
   § 9. Subdivision 2 of section 592 of the  labor  law,  as  amended  by
 chapter 415 of the laws of 1983, is amended to read as follows:
   2.  Concurrent  payments  prohibited.  No  [days of total unemployment
 shall be deemed to occur] BENEFITS SHALL BE PAYABLE  in  any  week  with
 respect  to which or a part of which a claimant has received or is seek-
 ing unemployment benefits under an unemployment compensation law of  any
 other  state or of the United States, provided that this provision shall
 not apply if the appropriate agency of such other state or of the United
 States finally determines that he OR SHE is not entitled to  such  unem-
 ployment benefits.
   §  10. Paragraph (a) of subdivision 1, the opening paragraph of subdi-
 vision 2, subdivision 3 and subdivision 4 of section 593  of  the  labor
 law,  paragraph  (a) of subdivision 1, the opening paragraph of subdivi-
 sion 2 and subdivision 3 as amended by section 15 of part O  of  chapter
 57  of  the laws of 2013, and subdivision 4 as amended by chapter 589 of
 the laws of 1998, are amended to read as follows:
   (a) No [days of total unemployment shall be deemed to occur]  BENEFITS
 SHALL BE PAYABLE FOR ANY WEEK OF TOTAL UNEMPLOYMENT OR PARTIAL UNEMPLOY-
 MENT  THAT  OCCURS  after a claimant's voluntary separation without good
 cause from employment until he or she has subsequently worked in employ-
 ment and earned remuneration at least equal to  ten  times  his  or  her
 weekly  benefit  rate.  In  addition  to other circumstances that may be
 found to constitute good cause, including a compelling family reason  as
 set  forth  in  paragraph  (b) of this subdivision, voluntary separation
 from employment shall not in itself disqualify  a  claimant  if  circum-
 stances  have developed in the course of such employment that would have
 justified the claimant in refusing such employment in the first instance
 under the terms of subdivision two of this section or if  the  claimant,
 pursuant  to  an option provided under a collective bargaining agreement
 or written employer plan which permits waiver of his  or  her  right  to
 retain  the  employment when there is a temporary layoff because of lack
 of work, has elected to be separated for  a  temporary  period  and  the
 employer has consented thereto.
   No  [days  of  total  unemployment  shall be deemed to occur] BENEFITS
 SHALL BE PAYABLE FOR ANY WEEK OF TOTAL UNEMPLOYMENT OR PARTIAL UNEMPLOY-
 MENT beginning with the day on which a  claimant,  without  good  cause,

 S. 2005                            106                           A. 3005
 
 refuses  to accept an offer of employment for which he or she is reason-
 ably fitted by training and experience, including employment not subject
 to this article, until he or she has subsequently worked  in  employment
 and  earned  remuneration  at least equal to ten times his or her weekly
 benefit rate. Except that claimants who are not subject to a recall date
 or who do not obtain employment through a union hiring hall and who  are
 still unemployed after receiving ten weeks of benefits shall be required
 to  accept  any  employment proffered that such claimants are capable of
 performing, provided that such employment would result  in  a  wage  not
 less  than eighty percent of such claimant's high calendar quarter wages
 received in the base period and not substantially less than the prevail-
 ing wage for similar work in the locality as provided for  in  paragraph
 (d) of this subdivision. No refusal to accept employment shall be deemed
 without good cause nor shall it disqualify any claimant otherwise eligi-
 ble to receive benefits if:
   3.  Misconduct.  No  [days  of  total  unemployment shall be deemed to
 occur] BENEFITS SHALL BE PAYABLE FOR ANY WEEK OF TOTAL  UNEMPLOYMENT  OR
 PARTIAL  UNEMPLOYMENT  THAT  OCCURS  after  a  claimant  lost employment
 through misconduct in connection with his or her employment until he  or
 she  has  subsequently  worked  in employment and earned remuneration at
 least equal to ten times his or her weekly benefit rate.
   4. Criminal acts. No [days of total unemployment shall  be  deemed  to
 occur  during] BENEFITS SHALL BE PAYABLE FOR ANY WEEK OF TOTAL UNEMPLOY-
 MENT OR PARTIAL UNEMPLOYMENT FOR a  period  of  twelve  months  after  a
 claimant loses employment as a result of an act constituting a felony in
 connection with such employment, provided the claimant is duly convicted
 thereof or has signed a statement admitting that he or she has committed
 such  an act.   Determinations regarding a benefit claim may be reviewed
 at any time.  Any benefits paid to a claimant prior to  a  determination
 that  the claimant has lost employment as a result of such act shall not
 be considered to have been accepted by the claimant in  good  faith.  In
 addition,  remuneration  paid  to  the claimant by the affected employer
 prior to the claimant's loss of employment due to such criminal act  may
 not  be utilized for the purpose of establishing entitlement to a subse-
 quent, valid original claim. The provisions of  this  subdivision  shall
 apply  even  if  the  employment lost as a result of such act is not the
 claimant's last employment prior to the filing of his or her claim.
   § 11. Subdivisions 1 and 2 of section 594 of the labor law, as amended
 by section 16 of part O of chapter 57 of the laws of 2013,  are  amended
 to read as follows:
   (1)  A  claimant  who has wilfully made a false statement or represen-
 tation to obtain any benefit under the provisions of this article  shall
 forfeit  benefits  [for  at  least  the first four but not more than the
 first eighty effective days] IN AN AMOUNT EQUAL TO AT  LEAST  THE  FIRST
 WEEK  OF TOTAL UNEMPLOYMENT, BUT NOT MORE THAN THE FIRST TWENTY WEEKS OF
 TOTAL UNEMPLOYMENT following discovery of such offense for which  he  or
 she otherwise would have been entitled to receive benefits. Such penalty
 shall apply only once with respect to each such offense.
   (2) For the purpose of subdivision four of section five hundred ninety
 of  this article, the claimant shall be deemed to have received benefits
 for such forfeited [effective days] WEEKS.
   § 12. Subdivisions 1 and 4 of section 596 of the labor  law,  subdivi-
 sion  1 as amended by chapter 204 of the laws of 1982, and subdivision 4
 as added by chapter 705 of the laws of 1944 and as renumbered by section
 148-a of part B of chapter 436 of the laws of 1997 and such  section  as

 S. 2005                            107                           A. 3005
 
 renumbered  by  chapter  663 of the laws of 1946, are amended to read as
 follows:
   1.  Claim  filing  and certification to unemployment. A claimant shall
 file a claim for benefits [at] WITH the [local state  employment  office
 serving  the  area in which he was last employed or in which he resides]
 DEPARTMENT'S UNEMPLOYMENT INSURANCE DIVISION within  such  time  and  in
 such  manner  as  the  commissioner  shall  prescribe.  He  OR SHE shall
 disclose whether he OR SHE owes child support obligations, as  hereafter
 defined.  If a claimant making such disclosure is eligible for benefits,
 the commissioner shall notify the state or local child support  enforce-
 ment agency, as hereafter defined, that the claimant is eligible.
   A  claimant  shall  correctly  report any [days of] employment and any
 compensation [he] received for such employment, including  [employments]
 EMPLOYMENT  not subject to this article, and the days on which he OR SHE
 was totally UNEMPLOYED OR  PARTIALLY  unemployed  and  shall  make  such
 reports  in  accordance  with such regulations as the commissioner shall
 prescribe.
   4. Registration and reporting for work. A claimant shall  register  as
 totally  UNEMPLOYED  OR PARTIALLY unemployed at a local state employment
 office serving the area in which he OR SHE was last employed or in which
 he OR SHE resides in accordance with such regulations as the commission-
 er shall prescribe. After so registering, such claimant shall report for
 work at the same local state employment office or otherwise give  notice
 of  the  continuance  of  his  OR  HER unemployment as often and in such
 manner as the commissioner shall prescribe.
   § 13. Paragraph (a) of subdivision 2 of section 599 of the labor  law,
 as  amended  by  chapter  593 of the laws of 1991, is amended to read as
 follows:
   (a) Notwithstanding any other provision of this  chapter,  a  claimant
 attending  an approved training course or program under this section may
 receive additional benefits of up to [one hundred four  effective  days]
 TWENTY-SIX  TIMES  HIS OR HER WEEKLY BENEFIT AMOUNT following exhaustion
 of regular and, if in effect, any other extended benefits, provided that
 entitlement to a new benefit claim cannot be established.  Certification
 of  continued  satisfactory  participation and progress in such training
 course or program must be submitted to the  commissioner  prior  to  the
 payment  of  any such benefits. The duration of such additional benefits
 shall in no case exceed twice the number of [effective  days]  WEEKS  of
 regular  benefits  to  which  the  claimant  is entitled at the time the
 claimant is accepted in, or  demonstrates  application  for  appropriate
 training.
   §  14.  The  opening  paragraph  and paragraph (e) of subdivision 2 of
 section 601 of the labor law, as amended by chapter 35 of  the  laws  of
 2009, are amended to read as follows:
   Extended  benefits  shall be payable to a claimant for [effective days
 occurring in] any week OF TOTAL  UNEMPLOYMENT  OR  PARTIAL  UNEMPLOYMENT
 within an eligibility period, provided the claimant
   (e)  is  not  claiming  benefits pursuant to an interstate claim filed
 under the interstate benefit payment plan in a state where  an  extended
 benefit  period  is  not in effect, except that this condition shall not
 apply with respect to the first [eight  effective  days]  TWO  WEEKS  OF
 TOTAL  UNEMPLOYMENT for which extended benefits shall otherwise be paya-
 ble pursuant to an interstate claim filed under the  interstate  benefit
 payment plan; and

 S. 2005                            108                           A. 3005

   § 15. Subdivisions 3 and 4 and paragraphs (b) and (e) of subdivision 5
 of section 601 of the labor law, as amended by chapter 35 of the laws of
 2009, are amended to read as follows:
   3.  Extended  benefit  amounts;  rate  and duration. Extended benefits
 shall be paid to a claimant
   (a) at a rate equal to his or her rate for regular benefits during his
 or her applicable benefit year but
   (b) for not more than [fifty-two effective  days]  THIRTEEN  WEEKS  OF
 TOTAL  UNEMPLOYMENT  OR  PARTIAL UNEMPLOYMENT with respect to his or her
 applicable benefit year, with a total  maximum  amount  equal  to  fifty
 percentum  of  the  total  maximum amount of regular benefits payable in
 such benefit year, and
   (c) if a claimant's benefit year ends within an extended benefit peri-
 od, the remaining balance of extended benefits to which he or she  would
 be  entitled, if any, shall be reduced by the [number of effective days]
 WEEKS OF TOTAL UNEMPLOYMENT for which he or she was entitled to  receive
 trade  readjustment  allowances  under the federal trade act of nineteen
 hundred seventy-four during such benefit year, and
   (d) for periods of high unemployment for not more than [eighty  effec-
 tive  days]  TWENTY  WEEKS OF TOTAL UNEMPLOYMENT OR PARTIAL UNEMPLOYMENT
 with respect to the applicable benefit year with a total maximum  amount
 equal  to eighty percent of the total maximum amount of regular benefits
 payable in such benefit year.
   4. Charging of extended benefits. The provisions of paragraph  (e)  of
 subdivision one of section five hundred eighty-one of this article shall
 apply  to  benefits paid pursuant to the provisions of this section, and
 if they were paid for  [effective  days]  WEEKS  OF  TOTAL  UNEMPLOYMENT
 occurring  in  weeks  following the end of a benefit year, they shall be
 deemed paid with respect to  that  benefit  year.  However,  except  for
 governmental  entities as defined in section five hundred sixty-five and
 Indian tribes as defined in section five hundred sixty-six of this arti-
 cle, only one-half of the amount of such benefits shall  be  debited  to
 the  employers'  account;  the remainder thereof shall be debited to the
 general account, and such account shall be credited with the  amount  of
 payments  received  in the fund pursuant to the provisions of the feder-
 al-state extended unemployment  compensation  act.  Notwithstanding  the
 foregoing,  where the state has entered an extended benefit period trig-
 gered pursuant to subparagraph one of paragraph (a) of  subdivision  one
 of  this  section for which federal law provides for one hundred percent
 federal sharing of the costs of benefits, all charges shall  be  debited
 to  the  general  account  and  such  account shall be credited with the
 amount of payments received in the fund pursuant to  the  provisions  of
 the federal-state extended unemployment compensation act or other feder-
 al law providing for one hundred percent federal sharing for the cost of
 such benefits.
   (b)  No [days of total unemployment shall be deemed to occur in] BENE-
 FITS SHALL BE PAYABLE FOR any week within an eligibility  period  during
 which  a claimant fails to accept any offer of suitable work or fails to
 apply for suitable work to which he or she was referred by  the  commis-
 sioner,  who  shall  make  such  referral  if such work is available, or
 during which he or she fails to  engage  actively  in  seeking  work  by
 making  a  systematic  and sustained effort to obtain work and providing
 tangible evidence of such effort, and until he  or  she  has  worked  in
 employment during at least four subsequent weeks and earned remuneration
 of at least four times his or her benefit rate.

 S. 2005                            109                           A. 3005
 
   (e) No [days of total unemployment] BENEFITS shall be [deemed to occur
 in] PAYABLE FOR any week within an eligibility period under section five
 hundred  ninety-three  of this article, until he or she has subsequently
 worked in employment in accordance with the requirements  set  forth  in
 section five hundred ninety-three of this article.
   § 16. Section 603 of the labor law, as amended by section 21 of part O
 of chapter 57 of the laws of 2013, is amended to read as follows:
   §  603.  Definitions. For purposes of this title: "Total unemployment"
 AND "PARTIAL UNEMPLOYMENT" shall [mean the total lack of any  employment
 on  any  day,]  HAVE THE SAME MEANINGS AS DEFINED IN THIS ARTICLE, other
 than with an employer applying for a shared work program.  "Work  force"
 shall  mean  the  total work force, a clearly identifiable unit or units
 thereof, or a particular shift or shifts.  The  work  force  subject  to
 reduction shall consist of no less than two employees.
   §  17. Severability. If any amendment contained in a clause, sentence,
 paragraph, section or part of this act shall be adjudged by  the  United
 States Department of Labor to violate requirements for maintaining bene-
 fit  standards  required  of  the  state in order to be eligible for any
 financial benefit offered through federal law or regulation, such amend-
 ments shall be severed from this act and shall  not  affect,  impair  or
 invalidate the remainder thereof.
   §  18.  This act shall take effect eighteen months after it shall have
 become a law; provided, however, that effective immediately, any actions
 necessary to be taken for the implementation of the provisions  of  this
 act  on  its  effective  date,  including rulemaking, are authorized and
 directed to be completed on or before  such  effective  date;  provided,
 further,  however,  that the amendments made to subdivision 1 of section
 591 of the labor law by section seven of this act shall  be  subject  to
 the  expiration and reversion of such subdivision pursuant to section 10
 of chapter 413 of the laws of 2003, as amended, when upon such date  the
 provisions of section eight of this act shall take effect.
 
                                  PART Z
 
   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).

 S. 2005                            110                           A. 3005
 
   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. New York state thruway authority account (21905).
   24. Mental hygiene program fund account (21907).
   25. Mental hygiene patient income account (21909).
   26. Financial control board account (21911).
   27. Regulation of racing account (21912).
   28. New York Metropolitan Transportation Council account (21913).
   29. State university dormitory income reimbursable account (21937).
   30. Criminal justice improvement account (21945).
   31. Environmental laboratory reference fee account (21959).
   32. Clinical laboratory reference system assessment account (21962).
   33. Indirect cost recovery account (21978).
   34. High school equivalency program account (21979).
   35. Multi-agency training account (21989).
   36.  Interstate  reciprocity  for  post-secondary  distance  education
 account (23800).
   37. Bell jar collection account (22003).
   38. Industry and utility service account (22004).
   39. Real property disposition account (22006).
   40. Parking account (22007).
   41. Asbestos safety training program account (22009).
   42. Batavia school for the blind account (22032).
   43. Investment services account (22034).
   44. Surplus property account (22036).
   45. Financial oversight account (22039).
   46. Regulation of Indian gaming account (22046).
   47. Rome school for the deaf account (22053).
   48. Seized assets account (22054).
   49. Administrative adjudication account (22055).
   50. Federal salary sharing account (22056).
   51. New York City assessment account (22062).
   52. Cultural education account (22063).
   53. Local services account (22078).
   54. DHCR mortgage servicing account (22085).
   55. Department of motor vehicles compulsory insurance account (22087).
   56. Housing indirect cost recovery account (22090).
   57. DHCR-HCA application fee account (22100).
   58. Low income housing monitoring account (22130).
   59. Corporation administration account (22135).
   60. Montrose veteran's home account (22144).
   61. Deferred compensation administration account (22151).
   62. Rent revenue other New York City account (22156).
   63. Rent revenue account (22158).
   64. Tax revenue arrearage account (22168).
   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. DOH drinking water program account (23102).
   70. NYCCC operating offset account (23151).
   71. Commercial gaming revenue account (23701).

 S. 2005                            111                           A. 3005
 
   72. Commercial gaming regulation account (23702).
   73. Highway use tax administration account (23801).
   74. Highway and bridge capital account (30051).
   75. Aviation purpose account (30053).
   76. State university residence hall rehabilitation fund (30100).
   77. State parks infrastructure account (30351).
   78. Clean water/clean air implementation fund (30500).
   79. Hazardous waste remedial cleanup account (31506).
   80. Youth facilities improvement account (31701).
   81. Housing assistance fund (31800).
   82. Housing program fund (31850).
   83. Highway facility purpose account (31951).
   84. Information technology capital financing account (32215).
   85. New York racing account (32213).
   86. Capital miscellaneous gifts account (32214).
   87. New York environmental protection and spill remediation account.
   88. Mental hygiene facilities capital improvement fund (32300).
   89. Correctional facilities capital improvement fund (32350).
   90. New York State Storm Recovery Capital Fund (33000).
   91. OGS convention center account (50318).
   92. Empire Plaza Gift Shop (50327).
   93. Centralized services fund (55000).
   94. Archives records management account (55052).
   95. Federal single audit account (55053).
   96. Civil service EHS occupational health program account (55056).
   97. Banking services account (55057).
   98. Cultural resources survey account (55058).
   99. Neighborhood work project account (55059).
   100. Automation & printing chargeback account (55060).
   101. OFT NYT account (55061).
   102. Data center account (55062).
   103. Intrusion detection account (55066).
   104. Domestic violence grant account (55067).
   105. Centralized technology services account (55069).
   106. Labor contact center account (55071).
   107. Human services contact center account (55072).
   108. Tax contact center account (55073).
   109. Executive direction internal audit account (55251).
   110. CIO Information technology centralized services account (55252).
   111. Health insurance internal service account (55300).
   112.  Civil  service employee benefits division administrative account
 (55301).
   113. Correctional industries revolving fund (55350).
   114. Employees health insurance account (60201).
   115. Medicaid management information system escrow fund (60900).
   § 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).

 S. 2005                            112                           A. 3005
 
   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).
   §  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, 2018, up to the unencumbered balance or the  follow-
 ing amounts:
   Economic Development and Public Authorities:
   1.  $175,000  from the miscellaneous special revenue fund, underground
 facilities safety training account (22172), to the general fund.
   2. An amount up to the unencumbered  balance  from  the  miscellaneous
 special  revenue  fund, business and licensing services account (21977),
 to the general fund.
   3. $14,810,000 from  the  miscellaneous  special  revenue  fund,  code
 enforcement account (21904), to the general fund.
   4.  $3,000,000  from  the  general  fund  to the miscellaneous special
 revenue fund, tax revenue arrearage account (22168).
   Education:
   1. $2,394,714,000 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. $966,634,000 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 (20900) up to an amount deposit-
 ed in such fund pursuant to section 1612 of the tax law in excess of the
 current year appropriation for supplemental aid to education pursuant to
 section 92-c of the state finance law.
   4. $300,000 from the New York state local government  records  manage-
 ment  improvement  fund,  local  government  records  management account
 (20501), to the New York state archives partnership trust fund, archives
 partnership trust maintenance account (20351).
   5. $900,000 from the general fund to the miscellaneous special revenue
 fund, Batavia school for the blind account (22032).
   6. $900,000 from the general fund to the miscellaneous special revenue
 fund, Rome school for the deaf account (22053).
   7. $343,400,000  from  the  state  university  dormitory  income  fund
 (40350)  to  the  miscellaneous  special  revenue fund, state university
 dormitory income reimbursable account (21937).
   8. $20,000,000 from any of  the  state  education  department  special
 revenue  and internal service funds to the miscellaneous special revenue
 fund, indirect cost recovery account (21978).
   9. $8,318,000 from the general fund to  the  state  university  income
 fund,  state  university  income offset account (22654), for the state's
 share of repayment of the STIP loan.
   10. $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,  2017  through  March  31,
 2018.

 S. 2005                            113                           A. 3005

   11.  An  amount  up  to $13,540,000 from the general fund to the state
 university  income  fund,  state  university  general  revenue   account
 (22653).
   Environmental Affairs:
   1.  $9,000,000  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 (21150) as
 necessary 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.  $28,000,000  from the general fund to the environmental protection
 fund, environmental protection fund transfer account (30451).
   6. $1,800,000 from the general fund to the  hazardous  waste  remedial
 fund, hazardous waste oversight and assistance account (31505).
   Family Assistance:
   1.  $7,000,000 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  funds to the miscellaneous special revenue
 fund, office of temporary  and  disability  assistance  program  account
 (21980).
   6.  $7,400,000 from any of the office of children and family services,
 office of temporary and disability assistance, department of labor,  and
 department  of  health  special  revenue  federal funds to the office of
 children and family services miscellaneous special revenue fund,  multi-
 agency training contract account (21989).
   7.  $65,000,000  from  the  miscellaneous  special revenue fund, youth
 facility per diem account (22186), to the general fund.
   8. $621,850 from the general fund to the combined gifts,  grants,  and
 bequests fund, WB Hoyt Memorial account (20128).
   9.  $3,100,000  from  the  miscellaneous  special  revenue fund, state
 central registry (22028), to the general fund.
   General Government:

 S. 2005                            114                           A. 3005
 
   1. $1,961,000 from the miscellaneous special revenue fund, examination
 and miscellaneous revenue account (22065) to the general fund.
   2.  $8,083,000 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.  $21,783,000  from  the  general  fund to the centralized services
 fund, COPS account (55013).
   11. $8,960,000 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,
 (32218).
   Health:
   1.  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.
   2. 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.
   3.  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.
   4. $30,555,000 from the HCRA resources fund (20800) to  the  miscella-
 neous  special  revenue  fund, empire state stem cell trust fund account
 (22161).
   5. $6,000,000 from the miscellaneous special revenue fund, certificate
 of need account (21920), to the  miscellaneous  capital  projects  fund,
 healthcare IT capital subfund (32216).
   6.  $2,000,000  from  the  miscellaneous  special  revenue fund, vital
 health records account (22103), to the  miscellaneous  capital  projects
 fund, healthcare IT capital subfund (32216)
   7.  $2,000,000  from  the  miscellaneous special revenue fund, profes-
 sional medical conduct account (22088),  to  the  miscellaneous  capital
 projects fund, healthcare IT capital subfund (32216).
   8.  $76,021,000  from  the  HCRA resources fund (20800) to the capital
 projects fund (30000).

 S. 2005                            115                           A. 3005
 
   9. $4,540,000 from the general fund to  the  medical  marihuana  trust
 fund, health operation and oversight account (23755).
   10.  $1,086,000  from  the miscellaneous special revenue fund, certif-
 icate of need account (21920), to the general fund.
   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.  $1,800,000,000  from the general fund to the miscellaneous special
 revenue fund, mental hygiene patient income account (21909).
   3. $1,700,000,000 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. $11,500,000 from the chemical dependence  service  fund,  substance
 abuse  services  fund  account  (22700),  to  the  capital projects fund
 (30000).
   8. $3,500,000 from the chemical  dependence  service  fund,  substance
 abuse  services  fund  account  (22700),  to  the mental hygiene capital
 improvement fund (32305).
   Public Protection:
   1. $1,350,000 from the miscellaneous special revenue  fund,  emergency
 management account (21944), to the general fund.
   2.  $2,087,000  from  the  general  fund  to the miscellaneous special
 revenue fund, recruitment incentive account (22171).
   3. $12,000,000 from the general fund to  the  correctional  industries
 revolving   fund,   correctional  industries  internal  service  account
 (55350).
   4. $3,000,000 from the federal miscellaneous  operating  grants  fund,
 DMNA damage account (25324), to the general fund.
   5.  $8,600,000  from  the miscellaneous special revenue fund, criminal
 justice improvement account (21945), to the general fund.
   6. $112,420,000 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.
   7.  A  transfer  of  the  unencumbered  balance from the miscellaneous
 special revenue fund, seized assets account (22061),  to  the  miscella-
 neous special revenue fund, seized assets account (22054).
   8.  $26,500,000  from  the general fund to the correctional facilities
 capital improvement fund (32350).

 S. 2005                            116                           A. 3005
 
   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.  $5,238,000 from the miscellaneous special revenue fund, statewide
 public safety communications account (22123), to  the  capital  projects
 fund (30000).
   11.  $9,545,000  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, neighborhood work project account (55059).
   14.  $5,940,556  from  the miscellaneous special revenue fund, finger-
 print identification & technology account (21950), to the general fund.
   15. $4,000,000 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.
   16.  $50,000,000  from  the miscellaneous special revenue fund, public
 safety communications account (22123), to the general fund.
   17. $2,000,000 from the general  fund  to  the  miscellaneous  special
 revenue fund, crimes against revenue program account (22015).
   Transportation:
   1. $17,672,000 from the federal miscellaneous operating grants fund to
 the  miscellaneous special revenue fund, New York Metropolitan Transpor-
 tation Council account (21913).
   2. $20,147,000 from the federal capital projects fund to the miscella-
 neous special revenue fund, New York Metropolitan Transportation Council
 account (21913).
   3. $15,058,017 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.
   4. $720,000,000 from the general fund to  the  dedicated  highway  and
 bridge trust fund (30050).
   5.  $3,662,000  from  the miscellaneous special revenue fund, accident
 prevention course program account (22094), to the dedicated highway  and
 bridge trust fund (30050).
   6.  $3,065,000 from the miscellaneous special revenue fund, motorcycle
 safety account (21976), to the dedicated highway and bridge  trust  fund
 (30050).
   7.  $244,250,000 from the general fund to the MTA financial assistance
 fund, mobility tax trust account (23651).
   8. $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.
   9. $114,000 from the miscellaneous special revenue fund, seized assets
 account (21906), to the dedicated highway and bridge trust fund (30050).
   10.  $500,000  from the clean air fund, mobile source account (21452),
 to the general fund.
   11. $3,000,000 from the miscellaneous special  revenue  fund,  traffic
 adjudication account (22055), to the general fund.

 S. 2005                            117                           A. 3005
 
   12.  $121,548,000  from  the  mass transportation operating assistance
 fund, metropolitan  mass  transportation  operating  assistance  account
 (21402), to the capital projects fund (30000).
   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.  $1,000,000,000 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).
   § 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, 2018:
   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 $8,500,000 from
 revenues credited to any of the department of health's  special  revenue
 funds, to the miscellaneous special revenue fund, administration account
 (21982).
   § 4. On or before March 31, 2018, 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.
   §  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, the state university income fund general revenue
 account  (22653)  for  reimbursement  of  bondable equipment for further
 transfer to the state's general fund.

 S. 2005                            118                           A. 3005
 
   § 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, 2018, 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.
   §  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, 2018, 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.
   §  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, 2018.
   § 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, 2017 through June 30, 2018 to reflect ongoing
 state subsidy of SUNY hospitals and to pay  costs  attributable  to  the
 SUNY hospitals' state agency status.
   §  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, 2017 through June 30, 2018 to support operations at
 the state university.
   § 11. Notwithstanding any law to the contrary, and in accordance  with
 section  4 of the state financial law, the comptroller is hereby author-
 ized and directed to transfer, upon request of the director of the budg-
 et, up to $100,000 from the general fund to the state university  income
 fund, state university general revenue offset account (22655) during the
 period  of  April 1, 2017 through June 30, 2017 to support operations at
 the state university.
   § 12. Notwithstanding any law to the contrary, and in accordance  with
 section 4 of the state finance law, the comptroller is hereby authorized
 and  directed to transfer, upon request of the state university chancel-
 lor or his or her designee, up to $55,000,000 from the state  university
 income  fund,  state  university  hospitals  income reimbursable account
 (22656), for services and expenses of hospital  operations  and  capital
 expenditures at the state university hospitals; and the state university
 income  fund,  Long  Island  veterans' home account (22652) to the state
 university capital projects fund (32400) on or before June 30, 2018.
   § 13. Notwithstanding any law to the contrary, and in accordance  with
 section  4 of the state finance law, the comptroller, after consultation

 S. 2005                            119                           A. 3005

 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, 2018.
   §  14.  Notwithstanding any law to the contrary, upon the direction of
 the director of the budget and the chancellor of the state university of
 New York or his or her designee, and in accordance with section 4 of the
 state finance law, the comptroller is hereby authorized and directed  to
 transfer  monies from the state university dormitory income fund (40350)
 to the state university residence hall rehabilitation fund (30100),  and
 from  the state university residence hall rehabilitation fund (30100) to
 the state university dormitory income fund (40350), in an amount not  to
 exceed $80 million from each fund.
   §  15. Notwithstanding any law to the contrary, and in accordance with
 section 4 of the state finance law, the comptroller is hereby authorized
 and directed to transfer monies, upon request of  the  director  of  the
 budget,  on  or  before March 31, 2018, 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.
   §  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 $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  2017-18  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.
   §  17. Notwithstanding any law to the contrary, and in accordance with
 section 4 of the state finance law, the comptroller is hereby authorized
 and directed to transfer, at the request of the director of the  budget,
 up  to $100 million from any non-general fund or account, or combination

 S. 2005                            120                           A. 3005
 
 of funds and accounts, to the miscellaneous special revenue fund,  tech-
 nology  financing  account  (22207),  the miscellaneous capital projects
 fund, information technology capital financing account (32215),  or  the
 centralized  technology  services  account  (55069),  for the purpose of
 consolidating technology procurement and services.  The  amounts  trans-
 ferred  to  the miscellaneous special revenue fund, technology financing
 account (22207) pursuant to this authorization shall be equal to or less
 than the amount of such monies intended to support information technolo-
 gy costs which are attributable, according to a plan,  to  such  account
 made in pursuance to an appropriation by law. Transfers to the technolo-
 gy  financing  account shall be completed from amounts collected by non-
 general funds or accounts pursuant to a fund deposit schedule or  perma-
 nent  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.
   §  18.  Notwithstanding  any  other  law  to  the contrary, up to $245
 million of the assessment reserves remitted to the chair of the workers'
 compensation board pursuant to subdivision 6 of section 151 of the work-
 ers' compensation law shall, at the request of the director of the budg-
 et, be transferred to the state insurance fund, for partial payment  and
 partial  satisfaction  of the state's obligations to the state insurance
 fund under section 88-c of the workers' compensation law.
   § 19. 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 $400 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.
   § 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 make the following  contributions  to  the
 state  treasury to the credit of the general fund on or before March 31,
 2018: (a) $913,000; and (b) $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.
   §  21.  Subdivision  5  of section 97-rrr of the state finance law, as
 amended by section 21 of part UU of chapter 54 of the laws of  2016,  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

 S. 2005                            121                           A. 3005
 
 laws of two thousand eleven, or any  other  provisions  of  law  to  the
 contrary,  during  the  fiscal  year beginning April first, two thousand
 [sixteen] SEVENTEEN, 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
 [$3,283,844,000] $2,605,997,000, 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 [sixteen] SEVENTEEN.
   §  22.  Notwithstanding  any  law  to the contrary, the comptroller is
 hereby authorized and directed to transfer, upon request of the director
 of the budget, on or before March 31, 2018, the following  amounts  from
 the  following  special  revenue  accounts  to the capital projects fund
 (30000), for the purposes of reimbursement to  such  fund  for  expenses
 related to the maintenance and preservation of state assets:
   1. $43,000 from the miscellaneous special revenue fund, administrative
 program account (21982).
   2. $1,478,000 from the miscellaneous special revenue fund, helen hayes
 hospital account (22140).
   3. $366,000 from the miscellaneous special revenue fund, New York city
 veterans' home account (22141).
   4.  $513,000  from  the  miscellaneous  special revenue fund, New York
 state home for veterans' and their dependents at oxford account (22142).
   5. $159,000 from the miscellaneous special revenue fund,  western  New
 York veterans' home account (22143).
   6.  $323,000  from  the  miscellaneous  special revenue fund, New York
 state for veterans in the lower-hudson valley account (22144).
   7. $2,550,000 from the  miscellaneous  special  revenue  fund,  patron
 services account (22163).
   8.  $41,930,000  from  the  miscellaneous  special revenue fund, state
 university dormitory income reimbursable account (21937).
   9. $830,000 from the miscellaneous special revenue fund,  long  island
 veterans' home account (22652).
   10.  $5,379,000  from  the  miscellaneous  special revenue fund, state
 university general income reimbursable account (22653).
   11. $112,556,000 from the miscellaneous special  revenue  fund,  state
 university revenue offset account (22655).
   12.  $557,000  from  the  miscellaneous  special  revenue  fund, state
 university of New York tuition reimbursement account (22659).
   § 22-a. 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, the
 opening paragraph as amended by section 1 of part M of chapter 57 of the
 laws of 2016, and paragraph (a) as amended by section 27 of part  UU  of
 chapter 54 of the laws of 2016, is amended to read as follows:
   3.  Transfers.  Notwithstanding  any  other  provisions  of law to the
 contrary, commencing on April first, two thousand fifteen, and  continu-
 ing through March thirty-first, two thousand twenty-one, the comptroller
 is  hereby  authorized to transfer monies from the dedicated infrastruc-
 ture investment fund to the general fund, and from the general  fund  to
 the dedicated infrastructure investment fund, in an amount determined by
 the  director  of  the  budget to the extent moneys are available in the
 fund; provided, however, that the  comptroller  is  only  authorized  to
 transfer monies from the dedicated infrastructure investment fund to the
 general  fund in the event of an economic downturn as described in para-
 graph (a) of this subdivision; and/or to  fulfill  disallowances  and/or
 settlements  related  to  over-payments of federal medicare and medicaid

 S. 2005                            122                           A. 3005
 
 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;  AND/OR  A  CATASTROPHIC  EVENT  AS
 DESCRIBED IN PARAGRAPH (C) OF THIS SUBDIVISION.
   (a)  Economic  downturn.  Notwithstanding any law to the contrary, for
 the purpose of this section, the commissioner of labor  shall  calculate
 and  publish,  on or before the fifteenth day of each month, a composite
 index of business cycle indicators. Such index shall be calculated using
 monthly data on New York state private sector employment, average weekly
 hours of manufacturing workers, and the unemployment  rate  prepared  by
 the  department  of  labor  or its successor agency, and total sales tax
 collections adjusted for inflation, prepared by the department of  taxa-
 tion  and  finance or its successor agency. Such index shall be adjusted
 for seasonal variations in accordance with the procedures issued by  the
 United  States  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  notification,  the  director of the budget may
 authorize and direct the comptroller  to  transfer  from  the  dedicated
 infrastructure  investment  fund to the general fund such amounts as the
 director of the budget deems necessary to meet the requirements  of  the
 state  financial  plan.  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 commissioner  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.
   (b) Federal medicare and medicaid revenues. Notwithstanding any law to
 the contrary, the director of the budget may authorize  and  direct  the
 comptroller  to  transfer  from  the dedicated infrastructure investment
 fund to the general fund an  amount  not  to  exceed  the  disallowances
 and/or  settlements related to the over-payments of federal medicare and
 medicaid revenues. In the event  this  authorization  is  utilized,  the
 director  of  the  budget  may  authorize  and direct the comptroller to
 transfer such amount and the concomitant reduction in state share  medi-
 care  and  medicaid  revenues from the general fund to the miscellaneous
 special revenue fund, mental hygiene program fund (21907), the miscella-
 neous special revenue fund, patient  income  account  (21909),  and  the
 Medicaid  Management  Information  System  (MMIS)  Statewide Escrow Fund
 (60901).
   (c) CATASTROPHIC EVENTS. IN THE EVENT OF A  NEED  TO  REPEL  INVASION,
 SUPPRESS  INSURRECTION,  DEFEND  THE  STATE IN WAR, OR TO RESPOND TO ANY
 OTHER EMERGENCY RESULTING FROM A DISASTER, INCLUDING BUT NOT LIMITED TO,
 A DISASTER CAUSED BY AN ACT OF TERRORISM, THE DIRECTOR OF THE BUDGET MAY
 AUTHORIZE AND DIRECT THE COMPTROLLER  TO  TRANSFER  FROM  THE  DEDICATED
 INFRASTRUCTURE  INVESTMENT  FUND TO THE GENERAL FUND SUCH AMOUNTS AS THE
 DIRECTOR OF THE BUDGET DEEMS NECESSARY TO MEET THE REQUIREMENTS  OF  THE
 STATE FINANCIAL PLAN.
   (D)  Prior  to authorizing any transfer from the dedicated infrastruc-
 ture investment  fund  accounts  pursuant  to  the  provisions  of  this
 section,  the  director  of  the  budget shall notify the speaker of the
 assembly, the temporary president of the senate, and the minority  lead-

 S. 2005                            123                           A. 3005
 
 ers  of  the  assembly  and  the  senate.  Such letter shall specify the
 reasons for the transfer and the amount thereof.
   §  22-b.  Subdivision 2 of section 97-rrr of the state finance law, as
 amended by section 45 of part H of chapter 56 of the laws  of  2000,  is
 amended and a new subdivision 4 is added to read as follows:
   2. Such fund shall consist of all monies credited or transferred ther-
 eto  from the general fund or from any other fund or sources pursuant to
 law, AND INCLUDE AN AMOUNT EQUAL TO FIFTY PERCENT OF ANY ESTIMATED CASH-
 BASIS SURPLUS IN THE GENERAL FUND, AS CERTIFIED BY THE DIRECTOR  OF  THE
 BUDGET  ON  OR BEFORE THE TWENTY-FIFTH DAY OF MARCH OF EACH FISCAL YEAR.
 UPON REQUEST OF THE DIRECTOR OF THE BUDGET, THE STATE COMPTROLLER  SHALL
 TRANSFER SUCH SURPLUS AMOUNT FROM THE GENERAL FUND TO THE DEBT REDUCTION
 RESERVE  FUND. THE DIRECTOR OF BUDGET SHALL CALCULATE THE SURPLUS AS THE
 EXCESS OF ESTIMATED AGGREGATE RECEIPTS  ABOVE  THE  ESTIMATED  AGGREGATE
 DISBURSEMENTS  AT  THE END OF THE FISCAL YEAR. NOTWITHSTANDING PARAGRAPH
 (A) OF SUBDIVISION FOUR OF SECTION  SEVENTY-TWO  OF  THIS  ARTICLE,  THE
 STATE  COMPTROLLER  SHALL  RETAIN  ANY  BALANCE  OF  MONEYS  IN THE DEBT
 REDUCTION RESERVE FUND AT THE END OF ANY FISCAL YEAR IN SUCH FUND.
   4. ANY AMOUNTS DISBURSED FROM SUCH FUND SHALL  BE  EXCLUDED  FROM  THE
 CALCULATION OF ANNUAL SPENDING GROWTH IN STATE OPERATING FUNDS.
   §  22-c. Subdivision 1 of section 4 of section 1 of part D3 of chapter
 62 of the laws of 2003 amending the general business law and other  laws
 relating  to  implementing the state fiscal plan for the 2003-2004 state
 fiscal year, is amended to read as follows:
   1. The state representative, upon the execution of a sale agreement on
 behalf of the state may sell to the corporation, and the corporation may
 purchase, for cash or other consideration and in one  or  more  install-
 ments,  all or a portion of the state's share.  Any such agreement shall
 provide, among other matters, that the purchase  price  payable  by  the
 corporation to the state for such state's share or portion thereof shall
 consist of the net proceeds of the bonds issued to finance such purchase
 price  and the residual interests, if any.  The residual interests shall
 be deposited into [the tobacco settlement fund pursuant to section  92-x
 of  the  state  finance  law,  unless otherwise directed by statute] THE
 MEDICAID MANAGEMENT INFORMATION  SYSTEM  (MMIS)  STATEWIDE  ESCROW  FUND
 WITHIN  THIRTY  DAYS UPON THE AVAILABILITY OF SUCH RESIDUAL INTERESTS TO
 FUND A PORTION OF THE CUMULATIVE NON-FEDERAL SHARE OF  EXPENSES  RELATED
 TO  THE STATE TAKEOVER OF THE LOCAL SHARE OF MEDICAID GROWTH PURSUANT TO
 PART F OF CHAPTER 56 OF THE LAWS OF 2012.  SUCH DEPOSIT SHALL BE  IN  AN
 AMOUNT  EQUAL  TO  (A)  THE  AMOUNT  OF RESIDUAL INTERESTS SCHEDULED FOR
 DEPOSIT INTO THE MMIS STATEWIDE ESCROW FUND  IN  THE  APPLICABLE  YEAR'S
 ENACTED  BUDGET  FINANCIAL  PLAN  AS  UPDATED OR (B) THE TOTAL AMOUNT OF
 RESIDUAL INTERESTS AVAILABLE IF THE TOTAL AMOUNT OF SUCH RESIDUAL INTER-
 ESTS IS LESS THAN THE TOTAL AMOUNT OF RESIDUAL INTERESTS  SCHEDULED  FOR
 DEPOSIT  INTO  THE  MMIS  STATEWIDE ESCROW FUND IN THE APPLICABLE YEAR'S
 ENACTED BUDGET FINANCIAL PLAN AS UPDATED. AT THE DISCRETION OF THE STATE
 REPRESENTATIVE, ANY RESIDUAL INTERESTS WHICH EXCEED THE AMOUNT SCHEDULED
 FOR DEPOSIT INTO THE MMIS STATEWIDE ESCROW FUND IN THE APPLICABLE YEAR'S
 ENACTED BUDGET FINANCIAL PLAN AS UPDATED MAY EITHER  BE  DEPOSITED  INTO
 THE  (I)  MMIS ESCROW FUND TO FUND A PORTION, AS DETERMINED BY THE STATE
 REPRESENTATIVE, OF THE CUMULATIVE NON-FEDERAL SHARE OF EXPENSES  RELATED
 TO THE STATE TAKEOVER OF THE LOCAL SHARE OF MEDICAID GROWTH, PURSUANT TO
 PART  F  OF  CHAPTER  56  OF THE LAWS OF 2012, OR (II) THE STATE GENERAL
 FUND; provided, however that any residual interest  derived  from  other
 assets  shall be applied as directed by statute.  Any such sale shall be
 pursuant to one or more sale agreements which may contain such terms and

 S. 2005                            124                           A. 3005

 conditions deemed necessary by the state representative to carry out and
 effectuate the purposes of this section, including covenants binding the
 state in favor of the  corporation  and  its  assignees,  including  the
 owners of its bonds such as covenants with respect to the enforcement at
 the expense of the state of the payment provisions of the master settle-
 ment  agreement, the diligent enforcement at the expense of the state of
 the qualifying statute, the application and use of the proceeds  of  the
 sale  of  the  state's share to preserve the tax-exemption on the bonds,
 the interest on which is intended to be exempt from federal income  tax,
 issued to finance the purchase thereof and otherwise as provided in this
 act. Notwithstanding the foregoing, neither the state representative nor
 the  corporation shall be authorized to make any covenant, pledge, prom-
 ise or agreement purporting to bind the state with  respect  to  pledged
 tobacco  revenues,  except  as otherwise specifically authorized by this
 act.
   § 22-d. The state finance law is amended by adding a new section 99-aa
 to read as follows:
   § 99-AA. RETIREE HEALTH BENEFIT TRUST FUND. 1. THERE IS HEREBY  ESTAB-
 LISHED  IN  THE  SOLE  CUSTODY  OF THE COMMISSIONER OF THE DEPARTMENT OF
 CIVIL SERVICE A SPECIAL INVESTMENT FUND  TO  BE  KNOWN  AS  THE  RETIREE
 HEALTH BENEFIT TRUST FUND.
   2.  FOR  PURPOSES  OF  THIS SECTION: (A) "COMMISSIONER" SHALL MEAN THE
 COMMISSIONER OF THE DEPARTMENT OF CIVIL  SERVICE,  EXCEPT  WHEREIN  THIS
 SECTION  THE  COMMISSIONER  OF THE DEPARTMENT OF TAXATION AND FINANCE IS
 REFERENCED;
   (B) "STATE" SHALL MEAN THE STATE OF NEW YORK;
   (C) "FUND", OR "TRUST", OR "TRUST FUND" SHALL MEAN THE RETIREE  HEALTH
 BENEFIT TRUST FUND CREATED BY THIS SECTION; AND
   (D)  "RETIREE HEALTH BENEFITS" SHALL MEAN BENEFITS, EXCEPT PENSIONS OR
 OTHER BENEFITS FUNDED THROUGH A PUBLIC RETIREMENT SYSTEM, PROVIDED OR TO
 BE PROVIDED BY THE STATE AS COMPENSATION, WHETHER PURSUANT  TO  STATUTE,
 CONTRACT OR OTHER LAWFUL AUTHORITY, TO ITS CURRENT OR FORMER OFFICERS OR
 EMPLOYEES,  OR  THEIR  FAMILIES  OR  BENEFICIARIES, AFTER SERVICE TO THE
 STATE HAS ENDED, INCLUDING, BUT NOT LIMITED TO, HEALTH CARE BENEFITS.
   3. (A) NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, THE RETI-
 REE HEALTH BENEFIT TRUST FUND IS ESTABLISHED FOR THE  EXCLUSIVE  BENEFIT
 OF RETIRED STATE EMPLOYEES AND THEIR DEPENDENTS.
   (B)  THE SOLE PURPOSE OF THE TRUST FUND ESTABLISHED PURSUANT TO SUBDI-
 VISION ONE OF THIS SECTION SHALL BE TO FUND THE HEALTH AND WELFARE BENE-
 FITS OF RETIRED STATE EMPLOYEES AND THEIR DEPENDENTS.
   4. (A) PAYMENTS INTO AND FROM THE TRUST FUND ESTABLISHED  PURSUANT  TO
 SUBDIVISION  ONE  OF  THIS SECTION SHALL BE MADE IN ACCORDANCE WITH THIS
 SECTION.
   (B) CONTRIBUTIONS TO THE TRUST, AND ANY INTEREST OR  OTHER  INCOME  OR
 EARNINGS  ON  CONTRIBUTIONS, SHALL BE IRREVOCABLE BEFORE ALL LIABILITIES
 OF THE STATE GOVERNMENT FOR RETIREE HEALTH BENEFITS HAVE BEEN  SATISFIED
 AND SHALL BE SOLELY DEDICATED TO, AND USED SOLELY FOR, PROVIDING RETIREE
 HEALTH BENEFITS AND PAYING APPROPRIATE AND REASONABLE EXPENSES OF ADMIN-
 ISTERING THE TRUST.  NO ASSETS, INCOME, EARNINGS OR DISTRIBUTIONS OF THE
 TRUST  SHALL  BE  SUBJECT  TO ANY CLAIM OF CREDITORS OF THE STATE, OR TO
 ASSIGNMENT OR EXECUTION, ATTACHMENT OR ANY OTHER CLAIM ENFORCEMENT PROC-
 ESS INITIATED BY OR ON BEHALF OF SUCH  CREDITORS.  EXCEPT  AS  OTHERWISE
 PROVIDED  IN  SUBDIVISION  EIGHT OF THIS SECTION, THE COMMISSIONER SHALL
 NOT BE RESPONSIBLE FOR THE ADEQUACY OF THE ASSETS OF THE TRUST  TO  MEET
 ANY OTHER POST-EMPLOYMENT BENEFIT. THE COMMISSIONER SHALL NOT BE RESPON-
 SIBLE  FOR TAKING ANY ACTION TO ENFORCE THE PAYMENT OF ANY APPROPRIATION

 S. 2005                            125                           A. 3005

 INTO THE TRUST. THE TRUST MAY BE TERMINATED ONLY WHEN ALL LIABILITIES OF
 THE STATE FOR RETIREE HEALTH BENEFITS HAVE BEEN SATISFIED AND  THERE  IS
 NO  PRESENT  OR FUTURE OBLIGATION, CONTINGENT OR OTHERWISE, OF THE STATE
 TO  PROVIDE  SUCH  RETIREE  HEALTH  BENEFITS. UPON SUCH TERMINATION, ANY
 REMAINING TRUST ASSETS, AFTER ANY PROPER EXPENSES OF THE TRUST HAVE BEEN
 PAID, SHALL REVERT TO THE STATE.
   (C) AT THE CLOSE OF EACH FISCAL YEAR, THE DIRECTOR OF THE BUDGET SHALL
 CERTIFY THE CASH SURPLUS  REMAINING  IN  THE  GENERAL  FUND;  SUCH  CASH
 SURPLUS  SHALL BE CALCULATED BY THE DIRECTOR OF THE BUDGET AS THE EXCESS
 OF ESTIMATED AGGREGATE RECEIPTS ABOVE THE ESTIMATED AGGREGATE  DISBURSE-
 MENTS  AT  THE END OF THE FISCAL YEAR. UPON SUCH CALCULATION AND CERTIF-
 ICATION, A PORTION OF ANY CERTIFIED CASH SURPLUS REMAINING IN THE GENER-
 AL FUND, WHICH SUCH PORTION SHALL BE DETERMINED IN THE  SOLE  DISCRETION
 OF  THE DIRECTOR OF THE BUDGET, MAY BE TRANSFERRED OR DEPOSITED DIRECTLY
 TO THE TRUST FUND AT THE SOLE REQUEST OF THE DIRECTOR OF THE BUDGET.
   (D) ALL PAYMENTS FOR RETIREE HEALTH AND  WELFARE  BENEFITS  FROM  SUCH
 TRUST  FUND SHALL NOT BE SUBJECT TO AN APPROPRIATION AND SHALL BE TRANS-
 FERRED, TO THE EXTENT FUNDS ARE AVAILABLE IN SUCH  TRUST  FUND,  TO  THE
 HEALTH  INSURANCE  FUND  FOR  THE  SOLE AND EXCLUSIVE PURPOSE OF FUNDING
 RETIREE HEALTH BENEFITS.
   5. INVESTMENTS. (A) THE COMMISSIONER MAY ESTABLISH A TRUST IN  HIS  OR
 HER  CUSTODY  FOR THE PURPOSE OF ACCUMULATING ASSETS TO FUND THE COST OF
 PROVIDING RETIREE HEALTH BENEFITS.
   (B) THE COMMISSIONER IS HEREBY DECLARED TO BE THE TRUSTEE OF THE TRUST
 ESTABLISHED PURSUANT TO SUBDIVISION ONE OF THIS SECTION, AND THE COMMIS-
 SIONER SHALL DELEGATE RESPONSIBILITY FOR MANAGING THE INVESTMENTS OF THE
 TRUST FUND ESTABLISHED PURSUANT TO SUBDIVISION ONE OF  THIS  SECTION  TO
 THE  COMMISSIONER OF THE DEPARTMENT OF TAXATION AND FINANCE. THE COMMIS-
 SIONER OF THE DEPARTMENT  OF  TAXATION  AND  FINANCE  SHALL  MANAGE  THE
 INVESTMENTS OF THE TRUST FUND ESTABLISHED PURSUANT TO SUBDIVISION ONE OF
 THIS  SECTION IN A CAREFUL AND PRUDENT MANNER CONSISTENT WITH THE GUIDE-
 LINES AND PROVISIONS OF SECTION NINETY-EIGHT THIS ARTICLE.
   (C) ANY INTEREST OR  OTHER  INCOME  OR  EARNINGS  RESULTING  FROM  THE
 INVESTMENT OF ASSETS OF THE TRUST SHALL ACCRUE TO AND BECOME PART OF THE
 ASSETS OF THE TRUST.
   6.  IN  ACCORDANCE  WITH  PARAGRAPH  (B)  OF  SUBDIVISION FIVE OF THIS
 SECTION, THE COMMISSIONER OF TAXATION  AND  FINANCE  SHALL  DEVELOP,  IN
 CONSULTATION  WITH THE STATE HEALTH INSURANCE COUNCIL, A WRITTEN INVEST-
 MENT POLICY FOR SELECTING INVESTMENT OPTIONS IN A MANNER CONSISTENT WITH
 THE INVESTMENT OPTIONS PRESCRIBED IN SECTION NINETY-EIGHT OF THIS  ARTI-
 CLE  SO  THAT  THE  COMMISSIONER  MAY  BE  ABLE TO INVEST FUND MONIES IN
 ACCORDANCE WITH SUCH POLICY. SUCH POLICY SHALL INCLUDE  A  STATEMENT  OF
 INVESTMENT  OBJECTIVES  ADDRESSING,  IN THE FOLLOWING ORDER OF PRIORITY,
 THE ABILITY TO TIMELY MEET DISBURSEMENT REQUESTS WITHOUT FORCED SALE  OF
 ASSETS, SAFETY OF PRINCIPAL AND ATTAINMENT OF MARKET RATES OF RETURN.
   7. NEITHER THE STATE NOR THE COMMISSIONER SHALL BE LIABLE FOR ANY LOSS
 OR  EXPENSE  SUFFERED  BY THE TRUST IN THE ABSENCE OF BAD FAITH, WILLFUL
 MISCONDUCT OR INTENTIONAL WRONGDOING. THE COMMISSIONER SHALL BE  CONSID-
 ERED  TO  BE  ACTING  AS AN OFFICER OF THE STATE FOR PURPOSES OF SECTION
 SEVENTEEN OF THE PUBLIC OFFICERS LAW, PROVIDED, HOWEVER, THAT THE  COSTS
 OF  ANY  DEFENSE OR INDEMNIFICATION OF THE COMMISSIONER ARISING FROM THE
 EXERCISE OF THE FUNCTIONS OF TRUSTEE SHALL BE PAYABLE FROM THE ASSETS OF
 THE TRUST.
   8. NOTHING CONTAINED IN THIS SECTION SHALL BE INTERPRETED OR CONSTRUED
 TO: (A) CREATE ANY OBLIGATION IN, IMPOSE ANY OBLIGATION ON, OR ALTER ANY
 OBLIGATION OF THE STATE TO PROVIDE RETIREE HEALTH BENEFITS;

 S. 2005                            126                           A. 3005
 
   (B) LIMIT OR RESTRICT THE AUTHORITY OF THE STATE TO MODIFY  OR  ELIMI-
 NATE RETIREE HEALTH BENEFITS;
   (C) ASSURE OR DENY RETIREE HEALTH BENEFITS; OR
   (D)  REQUIRE  THE STATE TO FUND ITS LIABILITY FOR RETIREE HEALTH BENE-
 FITS.
   § 23. Notwithstanding any  other  law,  rule,  or  regulation  to  the
 contrary, the state comptroller is hereby authorized and directed to use
 any  balance  remaining  in the mental health services fund debt service
 appropriation, after payment by the state comptroller of all obligations
 required pursuant to any lease, sublease, or other financing arrangement
 between the dormitory authority of the state of New York as successor to
 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.
   § 24. 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 29 of part UU of  chapter  54  of  the
 laws of 2016, 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  [three]  FOUR  hundred
 [sixty-four]  FIFTY million [eight] FIVE 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.
   § 25. 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  30  of part UU of chapter 54 of the laws of 2016, is amended to
 read as follows:

 S. 2005                            127                           A. 3005
 
   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 [four] SEVEN
 hundred [twenty-four] FORTY-ONE million [nine] ONE  hundred  ninety-nine
 thousand  dollars [$7,424,999,000] $7,741,199,000, and shall include all
 bonds, notes and other obligations issued pursuant to chapter 56 of  the
 laws  of  1983,  as amended or supplemented. The proceeds of such bonds,
 notes or other obligations shall be paid to the state,  for  deposit  in
 the  correctional  facilities capital improvement fund to pay for all or
 any portion of the amount or amounts paid by the  state  from  appropri-
 ations  or  reappropriations  made  to the department of corrections and
 community supervision from the correctional facilities capital  improve-
 ment  fund for capital projects. The aggregate amount of bonds, notes or
 other obligations authorized to be issued pursuant to this section shall
 exclude bonds, notes or other obligations issued to refund or  otherwise
 repay bonds, notes or other obligations theretofore issued, the proceeds
 of  which  were  paid  to  the state for all or a portion of the amounts
 expended by the state from appropriations or  reappropriations  made  to
 the  department  of  corrections  and  community  supervision; provided,
 however, that upon any such refunding or repayment the  total  aggregate
 principal amount of outstanding bonds, notes or other obligations may be
 greater  than seven billion [four] SEVEN hundred [twenty-four] FORTY-ONE
 million [nine] ONE hundred ninety-nine thousand dollars [$7,424,999,000]
 $7,741,199,000, only if the present value of the aggregate debt  service
 of  the  refunding  or repayment bonds, notes or other obligations to be
 issued shall not exceed the present value of the aggregate debt  service
 of  the  bonds,  notes or other obligations so to be refunded or repaid.
 For the purposes hereof, the present value of the aggregate debt service
 of the refunding or repayment bonds, notes or other obligations  and  of
 the  aggregate  debt service of the bonds, notes or other obligations so
 refunded or repaid, shall  be  calculated  by  utilizing  the  effective
 interest  rate of the refunding or repayment bonds, notes or other obli-
 gations, which shall be that rate arrived at by doubling the semi-annual
 interest rate (compounded semi-annually) necessary to discount the  debt
 service  payments  on  the  refunding or repayment bonds, notes or other
 obligations from the payment dates thereof to the date of issue  of  the
 refunding  or  repayment  bonds,  notes  or other obligations and to the
 price bid including estimated accrued interest or proceeds  received  by
 the corporation including estimated accrued interest from the sale ther-
 eof.
   §  26.  Paragraph  (a) of subdivision 2 of section 47-e of the private
 housing finance law, as amended by section 31 of part UU of  chapter  54
 of the laws of 2016, 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 [four] FIVE billion [six] THREE

 S. 2005                            128                           A. 3005

 hundred [ninety-seven] EIGHTY-FOUR million [four] ONE hundred  [seventy-
 four]  NINETY-NINE  thousand  dollars,  plus a principal amount of bonds
 issued to fund the debt service reserve fund in accordance with the debt
 service  reserve  fund requirement established by the agency and to fund
 any other reserves that the agency reasonably deems  necessary  for  the
 security  or  marketability of such bonds and to provide for the payment
 of  fees  and  other  charges  and  expenses,  including   underwriters'
 discount,  trustee  and  rating  agency  fees,  bond  insurance,  credit
 enhancement and liquidity enhancement related to the  issuance  of  such
 bonds  and  notes.  No  reserve  fund securing the housing program bonds
 shall be entitled or eligible to  receive  state  funds  apportioned  or
 appropriated to maintain or restore such reserve fund at or to a 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.
   §  27.  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  32 of part UU of chapter 54 of the laws of 2016, 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
 [$9,147,234,000]  $9,634,586,000  cumulatively by the end of fiscal year
 [2016-17] 2017-18.
   § 28. Subdivision 1 of section 1689-i of the public  authorities  law,
 as  amended  by section 33 of part UU of chapter 54 of the laws of 2016,
 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 [fifty-nine] SEVENTY-
 THREE million dollars.
   § 29. Subdivision (a) of section 27 of part Y of  chapter  61  of  the
 laws  of  2005,  relating to providing for the administration of certain
 funds and accounts related  to  the  2005-2006  budget,  as  amended  by
 section  34  of part UU of chapter 54 of the laws of 2016, 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
 [$167,600,000] $173,600,000, 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

 S. 2005                            129                           A. 3005
 
 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.
   § 30. 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 35 of part UU of chapter 54 of the laws of  2016,  is
 amended to read as follows:
   §  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,  projects  at  nano
 Utica,  onondaga  county  revitalization projects, Binghamton university
 school of pharmacy, New York power electronics manufacturing consortium,
 regional infrastructure projects, high technology manufacturing projects
 in Chautauqua and Erie county, an industrial scale research and develop-
 ment facility  in  Clinton  county,  upstate  revitalization  initiative
 projects,  market  New York projects, fairground buildings or facilities
 used to house and promote agriculture, THE STATE FAIR, THE EMPIRE  STATE
 TRAIL,  THE MOYNIHAN STATION DEVELOPMENT PROJECT, THE KINGSBRIDGE ARMORY
 PROJECT, STRATEGIC ECONOMIC DEVELOPMENT PROJECTS, THE CULTURAL, ARTS AND
 PUBLIC SPACES FUND, AN LGBT MEMORIAL, WATER INFRASTRUCTURE IN  THE  CITY
 OF  AUBURN  AND TOWN OF OWASCO, A LIFE SCIENCES LABORATORY PUBLIC HEALTH
 INITIATIVE, 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 [four]  SIX  billion  [six]  FIVE  hundred
 [seventy-one]  FIVE  million  [seven]  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

 S. 2005                            130                           A. 3005
 
 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,  projects at nano Utica, onondaga
 county revitalization projects, Binghamton university school of  pharma-
 cy,  New  York  power  electronics  manufacturing  consortium,  regional
 infrastructure projects, high technology manufacturing projects in Chau-
 tauqua and Erie county, an industrial  scale  research  and  development
 facility  in Clinton county, upstate revitalization initiative projects,
 market New York projects, fairground buildings  or  facilities  used  to
 house  and  promote agriculture, THE STATE FAIR, THE EMPIRE STATE TRAIL,
 THE  MOYNIHAN  STATION  DEVELOPMENT  PROJECT,  THE  KINGSBRIDGE   ARMORY
 PROJECT, STRATEGIC ECONOMIC DEVELOPMENT PROJECTS, THE CULTURAL, ARTS AND
 PUBLIC  SPACES  FUND, AN LGBT MEMORIAL, WATER INFRASTRUCTURE IN THE CITY
 OF AUBURN AND TOWN OF OWASCO, A LIFE SCIENCES LABORATORY  PUBLIC  HEALTH
 INITIATIVE,  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.
   § 31. Subdivisions 1 and 3 of section 1285-p of the public authorities
 law,  subdivision  1 as amended by section 33 of part I of chapter 60 of
 the laws of 2015 and subdivision 3 as amended by section 36 of  part  UU
 of chapter 54 of the laws of 2016, is amended to read as follows:
   1.  Subject  to  chapter  fifty-nine  of the laws of two thousand, but
 notwithstanding any other provisions of law to the contrary, in order to
 assist the corporation in undertaking the administration and the financ-
 ing of the design, acquisition, construction, improvement, installation,
 and related work for all or any portion of any of the following environ-
 mental infrastructure projects and for the provision  of  funds  to  the
 state  for any amounts disbursed therefor: (a) projects authorized under
 the environmental protection fund, or for which appropriations are  made
 to  the  environmental  protection  fund  including,  but not limited to
 municipal  parks  and  historic  preservation,   stewardship,   farmland
 protection, non-point source, pollution control, Hudson River Park, land
 acquisition,  and  waterfront revitalization; (b) department of environ-
 mental conservation capital appropriations for Onondaga Lake for certain
 water quality improvement projects in the same manner as  set  forth  in
 paragraph (d) of subdivision one of section 56-0303 of the environmental
 conservation law; (c) for the purpose of the administration, management,

 S. 2005                            131                           A. 3005
 
 maintenance, and use of the real property at the western New York nucle-
 ar  service center; (d) department of environmental conservation capital
 appropriations   for   the    administration,    design,    acquisition,
 construction,  improvement, installation, and related work on department
 of environmental conservation environmental infrastructure projects; (e)
 office of parks, recreation and historic preservation appropriations  or
 reappropriations  from  the state parks infrastructure fund; (f) capital
 grants for the cleaner, greener communities program [and];  (g)  capital
 costs  of water quality infrastructure projects AND (H) CAPITAL COSTS OF
 CLEAN WATER INFRASTRUCTURE PROJECTS the  director  of  the  division  of
 budget and the corporation are each authorized to enter into one or more
 service  contracts, none of which shall exceed twenty years in duration,
 upon such terms and conditions as the director and the  corporation  may
 agree,  so as to annually provide to the corporation in the aggregate, a
 sum not to exceed the annual debt service payments and related  expenses
 required  for  any bonds and notes authorized pursuant to section twelve
 hundred ninety of this title. Any service contract entered into pursuant
 to this section shall provide that the obligation of the state  to  fund
 or  to  pay the amounts therein provided for shall not constitute a debt
 of the state within the  meaning  of  any  constitutional  or  statutory
 provision  and  shall  be  deemed executory only to the extent of moneys
 available for such purposes, subject  to  annual  appropriation  by  the
 legislature.  Any  such  service  contract or any payments made or to be
 made thereunder may be assigned and pledged by the corporation as  secu-
 rity  for  its bonds and notes, as authorized pursuant to section twelve
 hundred ninety of this title.
   3. The maximum amount of bonds that may be issued for the  purpose  of
 financing  environmental  infrastructure  projects  authorized  by  this
 section shall be [two] FOUR billion [one] FOUR hundred [eight] FIFTY-ONE
 million [two] SEVEN 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.
   § 32. Subdivision 1 of section 45 of section 1 of chapter 174  of  the
 laws  of  1968, constituting the New York state urban development corpo-
 ration act, as amended by section 37 of part UU of  chapter  54  of  the
 laws of 2016, 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
 [$550,000,000]  $660,000,000, 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

 S. 2005                            132                           A. 3005
 
 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.
   § 33. Subdivision (a) of section 48 of part K of  chapter  81  of  the
 laws  of  2002,  providing  for  the administration of certain funds and
 accounts related to the 2002-2003 budget, as amended by  section  38  of
 part  UU  of  chapter  54  of  the  laws  of 2016, 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] $250,000,000 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,  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 [$509,600,000] $654,800,000, excluding bonds issued to  fund  one
 or  more  debt  service  reserve funds, to pay costs of issuance of such
 bonds, and bonds or notes issued to refund or otherwise repay such bonds
 or notes previously issued, for the purpose of financing improvements to
 State office buildings and other facilities located statewide, including
 the reimbursement of any  disbursements  made  from  the  state  capital
 projects  fund.  Such  bonds and notes of the corporation shall not be a
 debt of the state, and the state shall not be liable thereon, nor  shall
 they  be  payable  out of any funds other than those appropriated by the
 state to the corporation for debt service and related expenses  pursuant
 to  any  service  contracts executed pursuant to subdivision (b) of this
 section, and such bonds and notes shall contain on the  face  thereof  a
 statement to such effect.
   § 34. Subdivision 1 of section 386-b of the public authorities law, as
 amended  by  section 39 of part UU of chapter 54 of the laws of 2016, 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  three
 billion  [sixty-five million dollars $3,065,000,000] NINE HUNDRED FIFTY-
 FOUR MILLION DOLLARS $3,954,000,000, 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

 S. 2005                            133                           A. 3005
 
 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.
   § 35. Paragraph (c) of subdivision 19 of section 1680  of  the  public
 authorities  law,  as  amended by section 40 of part UU of chapter 54 of
 the laws of 2016, 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] TWELVE billion [six] THREE hundred [sixty-three]  FORTY-
 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 universi-
 ty  construction  notes previously issued by the housing finance agency;
 or (2) such bonds are issued to refund bonds of the authority  or  other
 obligations  issued for state university educational facilities purposes
 and the present value of the aggregate debt  service  on  the  refunding
 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. 2005                            134                           A. 3005
 
   §  36.  Paragraph  (c) of subdivision 14 of section 1680 of the public
 authorities law, as amended by section 41 of part UU of  chapter  54  of
 the laws of 2016, 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  [five]  NINE  hundred
 [eighty-eight]  EIGHTY-ONE  million  [four] NINE hundred [eleven] SIXTY-
 EIGHT 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.
   §  37. Subdivision 10-a of section 1680 of the public authorities law,
 as amended by section 42 of part UU of chapter 54 of the laws  of  2016,
 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]  NINE  hundred
 [sixty-one]  FOURTEEN  million  [four]  FIVE hundred [fifty-four] NINETY
 thousand dollars. Such amount shall be  exclusive  of  bonds  and  notes
 issued  to  fund  any  reserve  fund  or funds, costs of issuance and to
 refund any outstanding bonds and notes, issued on behalf of  the  state,
 relating to a locally sponsored community college.
   § 38. 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  43  of part UU of chapter 54 of the laws of 2016, 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  [forty-seven]

 S. 2005                            135                           A. 3005
 
 EIGHTY-TWO  million  [sixty-five]  NINE HUNDRED FIFTEEN thousand dollars
 [($647,065,000)]  ($682,915,000),  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 [forty-seven]
 EIGHTY-TWO million [sixty-five] NINE HUNDRED  FIFTEEN  thousand  dollars
 [($647,065,000)] ($682,915,000), 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.
   § 39. 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 44 of part UU
 of chapter 54 of the laws of 2016, 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

 S. 2005                            136                           A. 3005
 
 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  eight  billion [twenty-one] THREE HUNDRED SEVENTY-TWO million
 eight hundred fifteen thousand dollars, excluding mental health services
 facilities improvement  bonds  and  mental  health  services  facilities
 improvement  notes  issued  to refund outstanding mental health services
 facilities improvement  bonds  and  mental  health  services  facilities
 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  facilities
 improvement  bonds and mental health facilities improvement notes may be
 greater  than  eight  billion  [twenty-one]  THREE  HUNDRED  SEVENTY-TWO
 million  eight hundred fifteen thousand dollars only if, except as here-
 inafter 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 pres-
 ent 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 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 authority
 including estimated accrued interest from the sale thereof. 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  certi-
 fied  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  agency  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 principal authorized

 S. 2005                            137                           A. 3005
 
 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 commis-
 sioners  to  finance  bondable appropriations previously approved by the
 legislature.
   § 40. Paragraph (b) of subdivision 3 and clause  (B)  of  subparagraph
 (iii)  of paragraph (j) of subdivision 4 of section 1 of part D of chap-
 ter 63 of the laws of 2005, relating to the composition and responsibil-
 ities of the New York state  higher  education  capital  matching  grant
 board,  as amended by section 45 of part UU of chapter 54 of the laws of
 2016, are amended to read as follows:
   (b) Within amounts appropriated therefor, the board is hereby  author-
 ized  and  directed  to award matching capital grants totaling [240] 270
 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 [240] 270 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.
   § 41.  Section 1680-r of the public authorities  law,  as  amended  by
 section 40 of part I of chapter 60 of the laws of 2015, subdivision 1 as
 amended  by  section 48 of part UU of chapter 54 of the laws of 2016, is
 amended to read as follows:
   § 1680-r. Authorization for the issuance  of  bonds  for  the  capital
 restructuring  financing  program [and], the health care facility trans-
 formation [program] PROGRAMS, AND THE  ESSENTIAL  HEALTH  CARE  PROVIDER
 PROGRAM.    1.  Notwithstanding  the  provisions of any other law to the
 contrary, the dormitory authority and the urban development  corporation
 are  hereby authorized to issue bonds or notes in one or more series for
 the purpose of funding  project  costs  for  the  capital  restructuring
 financing program for health care and related facilities licensed pursu-
 ant  to  the public health law or the mental hygiene law and other state
 costs associated with such  capital  projects  [and],  the  health  care
 facility  transformation  [program]  PROGRAMS,  AND THE ESSENTIAL HEALTH
 CARE PROVIDER PROGRAM.  The aggregate principal amount of bonds  author-
 ized  to be issued pursuant to this section shall not exceed two billion
 [four] SEVEN hundred million dollars, excluding bonds issued to fund one
 or more debt service reserve funds, to pay costs  of  issuance  of  such
 bonds, and bonds or notes issued to refund or otherwise repay such bonds
 or  notes  previously  issued.  Such  bonds  and  notes of the dormitory
 authority and the urban development corporation shall not be a  debt  of
 the  state, and the state shall not be liable thereon, nor shall they be
 payable out of any funds other than those appropriated by the  state  to
 the  dormitory authority and the urban development corporation for prin-
 cipal, interest, and related expenses pursuant to a service contract and
 such bonds and notes shall contain on the face thereof  a  statement  to
 such  effect. Except for purposes of complying with the internal revenue
 code, any interest income earned on bond proceeds shall only be used  to
 pay debt service on such bonds.

 S. 2005                            138                           A. 3005

   2.  Notwithstanding  any  other  provision  of law to the contrary, in
 order to assist the dormitory authority and the urban development corpo-
 ration in undertaking the financing for project costs  for  the  capital
 restructuring  financing  program for health care and related facilities
 licensed pursuant to the public health law or the mental hygiene law and
 other  state  costs  associated  with  such  capital projects [and], the
 health care facility transformation [program] PROGRAMS, AND  THE  ESSEN-
 TIAL  HEALTH CARE PROVIDER PROGRAM, the director of the budget is hereby
 authorized to enter into one or more service contracts with the dormito-
 ry authority and the urban development corporation, none of which  shall
 exceed  thirty  years in duration, upon such terms and conditions as the
 director of the budget and the dormitory authority and the urban  devel-
 opment  corporation  agree,  so  as to annually provide to the dormitory
 authority and the urban development corporation, in the aggregate, a sum
 not to exceed the principal, interest, and related expenses required for
 such bonds and notes. Any service contract entered into pursuant to this
 section shall provide that the obligation of the state to pay the amount
 therein provided shall not constitute a debt of  the  state  within  the
 meaning of any constitutional or statutory provision and shall be deemed
 executory  only  to the extent of monies available and that no liability
 shall be incurred by the state beyond  the  monies  available  for  such
 purpose,  subject  to  annual appropriation by the legislature. Any such
 contract or any payments made or to be made thereunder may  be  assigned
 and  pledged by the dormitory authority and the urban development corpo-
 ration as security for its  bonds  and  notes,  as  authorized  by  this
 section.
   §  42.    Section  50  of section 1 of chapter 174 of the laws of 1968
 constituting the New York state urban development  corporation  act,  as
 added  by  section  46-b of part I of chapter 55 of the laws of 2014, is
 amended to read as follows:
   § 50. 1. Notwithstanding the  provisions  of  any  other  law  to  the
 contrary,  the dormitory authority and the urban development corporation
 are hereby authorized to issue bonds or notes in one or more series  for
 the  purpose  of  funding  project  costs  undertaken by or on behalf of
 special act school districts, state-supported schools for the blind  and
 deaf  [and],  approved  private  special  education  schools, NON-PUBLIC
 SCHOOLS 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 [five] THIRTY million dollars,  exclud-
 ing  bonds issued to fund one or more debt service reserve funds, to pay
 costs of issuance of such bonds, and bonds or notes issued to refund  or
 otherwise  repay  such  bonds or notes previously issued. Such bonds and
 notes of the dormitory authority and the urban  development  corporation
 shall  not  be  a  debt  of the state, and the state shall not be liable
 thereon, nor shall they be payable out of any  funds  other  than  those
 appropriated  by  the  state  to  the  dormitory authority and the urban
 development corporation for principal, interest,  and  related  expenses
 pursuant to a service contract and such bonds and notes shall contain on
 the  face  thereof  a  statement to such effect.  Except for purposes of
 complying with the internal revenue code, any interest income earned  on
 bond proceeds shall only be used to pay debt service on such bonds.
   2.  Notwithstanding  any  other  provision  of law to the contrary, in
 order to assist the dormitory authority and the urban development corpo-
 ration in undertaking the financing for project costs undertaken  by  or
 on  behalf  of special act school districts, state-supported schools for
 the blind and deaf and approved private special education schools,  NON-

 S. 2005                            139                           A. 3005
 
 PUBLIC  SCHOOLS,  and  other  state  costs  associated with such capital
 projects, the director of the budget is hereby authorized to enter  into
 one or more service contracts with the dormitory authority and the urban
 development  corporation,  none  of  which  shall exceed thirty years in
 duration, upon such terms and conditions as the director of  the  budget
 and the dormitory authority and the urban development corporation agree,
 so  as  to  annually  provide  to  the dormitory authority and the urban
 development corporation, in the aggregate, a sum not to exceed the prin-
 cipal, interest, and related expenses required for such bonds and notes.
 Any service contract entered into pursuant to this section shall provide
 that the obligation of the state to  pay  the  amount  therein  provided
 shall  not  constitute  a  debt  of  the state within the meaning of any
 constitutional or statutory provision and shall be deemed executory only
 to the extent of  monies  available  and  that  no  liability  shall  be
 incurred  by  the  state  beyond  the monies available for such purpose,
 subject to annual appropriation by the legislature. Any such contract or
 any payments made or to be made thereunder may be assigned  and  pledged
 by  the  dormitory  authority  and  the urban development corporation as
 security for its bonds and notes, as authorized by this section.
   [3. Subdivisions 1 and 2 of this section shall take effect only in the
 event that a chapter of the laws of 2014, enacting  the  "smart  schools
 bond act of 2014", is submitted to the people at the general election to
 be held in November 2014 and is approved by a majority of all votes cast
 for  and against it at such election. Upon such approval, subdivisions 1
 and 2 of this section shall take effect immediately. If such approval is
 not obtained, subdivisions 1 and 2 of this section shall expire  and  be
 deemed repealed.]
   §  43.  Paragraph  (b)  of  subdivision  4  of section 72 of the state
 finance law, as amended by section 27 of part I of  chapter  55  of  the
 laws of 2014, is amended to read as follows:
   (b)  On  or  before the beginning of each quarter, the director of the
 budget may certify to the state  comptroller  the  estimated  amount  of
 monies  that  shall be reserved in the general debt service fund for the
 payment of debt service and related expenses payable by such fund during
 each month of the state fiscal year, excluding  payments  due  from  the
 revenue  bond tax fund. Such certificate may be periodically updated, as
 necessary. Notwithstanding any provision of law  to  the  contrary,  the
 state  comptroller  shall  reserve  in the general debt service fund the
 amount of monies identified on such certificate  as  necessary  for  the
 payment  of debt service and related expenses during the current or next
 succeeding quarter of the state fiscal year. Such monies reserved  shall
 not  be  available  for  any  other  purpose.  Such certificate shall be
 reported to the chairpersons of the Senate  Finance  Committee  and  the
 Assembly  Ways  and  Means  Committee. [The provisions of this paragraph
 shall expire June thirtieth, two thousand seventeen.]
   § 44. Paragraph (a) of subdivision 1 of section  3234  of  the  public
 authorities  law,  as amended by section 46-d of part I of chapter 55 of
 the laws of 2014, is amended to read as follows:
   (a) The corporation shall be administered by [seven] THREE  directors,
 one  of whom shall be the comptroller, one of whom shall be the director
 of the budget and [five] ONE of whom shall be appointed by the governor.
 The comptroller and the director of the  budget  shall  be  entitled  to
 designate  a representative or representatives to attend meetings of the
 board in their place, and to vote or otherwise act on  their  behalf  in
 their  absence. Notice of such designation shall be furnished in writing
 to the board by the designating director. A representative  shall  serve

 S. 2005                            140                           A. 3005
 
 at  the  pleasure of the designating director during the director's term
 of office. A representative shall not be authorized to delegate  any  of
 his  or  her  duties or functions to any other person. A director who is
 not  a  state official shall serve for a term expiring at the end of the
 term actually served by the officer making the appointment  and  may  be
 removed for cause by such officer after hearing on ten days notice.
   §  45. Section 3234 of the public authorities law is amended by adding
 a new subdivision 7 to read as follows:
   7. NOTWITHSTANDING ANY OTHER PROVISION OF LAW  TO  THE  CONTRARY,  THE
 PROVISIONS  OF  SUBDIVISIONS  FOUR,  SIX, SEVEN AND EIGHT OF SECTION TWO
 THOUSAND EIGHT HUNDRED TWENTY-FOUR OF THIS CHAPTER SHALL  NOT  APPLY  TO
 THE CORPORATION.
   §  46.  Paragraph  (d)  of  subdivision 1 of section 68-b of the state
 finance law, as added by section 2 of part I of chapter 383 of the  laws
 of 2001, is amended to read as follows:
   (d)  All  of  the  provisions  of  the enabling acts of the authorized
 issuers relating to bonds and notes, which are not inconsistent with the
 provisions of this section, may, at the  discretion  of  the  authorized
 issuer,  apply  to  revenue  bonds authorized by this section.  NOTWITH-
 STANDING THE FOREGOING, WHERE THE PROVISIONS OF THE ENABLING ACTS OF THE
 AUTHORIZED ISSUERS RELATING TO BONDS AND NOTES MAY BE INCONSISTENT  WITH
 THE  PROVISIONS OF THIS SECTION, INCLUDING BUT NOT LIMITED TO THE AMOUNT
 OF BONDS AUTHORIZED TO BE ISSUED FOR AUTHORIZED PURPOSES,  THE  AUTHORI-
 ZATION  FOR,  MANNER,  AND  REQUIREMENTS  FOR  THE ISSUANCE OF REFUNDING
 BONDS, AND ANY OTHER SIMILAR POWERS,  THE  PROVISIONS  OF  THIS  SECTION
 SHALL  GOVERN  AND  BE  APPLIED  CONSISTENTLY  FOR  ALL  SUCH AUTHORIZED
 PURPOSES.
   § 47. Paragraph (d) of subdivision 1 of  section  69-n  of  the  state
 finance law, as added by section 58 of part HH of chapter 57 of the laws
 of 2013, is amended to read as follows:
   (d)  All  of  the  provisions  of  the enabling acts of the authorized
 issuers relating to bonds and notes, which are not inconsistent with the
 provisions of this section, may, at the  discretion  of  the  authorized
 issuer,  apply  to  revenue  bonds authorized by this section.  NOTWITH-
 STANDING THE FOREGOING, WHERE THE PROVISIONS OF THE ENABLING ACTS OF THE
 AUTHORIZED ISSUERS RELATING TO BONDS AND NOTES MAY BE INCONSISTENT  WITH
 THE  PROVISIONS OF THIS SECTION, INCLUDING BUT NOT LIMITED TO THE AMOUNT
 OF BONDS AUTHORIZED TO BE ISSUED FOR AUTHORIZED PURPOSES,  THE  AUTHORI-
 ZATION  FOR,  MANNER,  AND  REQUIREMENTS  FOR  THE ISSUANCE OF REFUNDING
 BONDS, AND ANY OTHER SIMILAR POWERS,  THE  PROVISIONS  OF  THIS  SECTION
 SHALL  GOVERN  AND  BE  APPLIED  CONSISTENTLY  FOR  ALL  SUCH AUTHORIZED
 PURPOSES.
   § 48. Paragraphs (a) and (g) of subdivision 2 of  section  56  of  the
 state  finance  law,  as  amended by chapter 11 of the laws of 1994, are
 amended to read as follows:
   (a) Refunding bonds shall be issued only when  the  comptroller  shall
 have  certified that, as a result of the refunding, there will be a debt
 service savings to the state on a present value basis as a result of the
 refunding transaction and that either (i)  the  refunding  will  benefit
 state  taxpayers  over  the  life of the refunding bonds by achieving an
 actual debt service savings each year OR STATE FISCAL  YEAR  during  the
 term to maturity of the refunding bonds when debt service on the refund-
 ing bonds is expected to be paid from legislative appropriations or (ii)
 debt  service on the refunding bonds shall be payable in annual install-
 ments of principal and interest which result in substantially  level  or
 declining debt service payments pursuant to paragraph (b) of subdivision

 S. 2005                            141                           A. 3005
 
 two  of  section  fifty-seven  of this [chapter] ARTICLE.   Such certif-
 ication by the comptroller shall be conclusive as to  matters  contained
 therein after the refunding bonds have been issued.
   (g)  Any refunding bonds issued pursuant to this section shall be paid
 in annual installments which shall, so long as any refunding  bonds  are
 outstanding, be made in each year OR STATE FISCAL YEAR in which install-
 ments  were  due  on  the bonds to be refunded and shall be in an amount
 which shall result in annual debt service payments which shall  be  less
 in  each year OR STATE FISCAL YEAR than the annual debt service payments
 on the bonds to be refunded unless debt service on the  refunding  bonds
 is  payable  in annual installments of principal and interest which will
 result in substantially level or declining debt service payments  pursu-
 ant  to  paragraph (b) of subdivision two of section fifty-seven of this
 [chapter] ARTICLE.
   § 49. Subdivisions 1, 2 and 6 of section 57 of the state finance  law,
 as  amended  by  chapter  11 of the laws of 1994, are amended to read as
 follows:
   1. Whenever the legislature, after authorization of a  bond  issue  by
 the people at a general election, as provided by section eleven of arti-
 cle  seven of the STATE constitution, OR AS PROVIDED BY SECTION THREE OF
 ARTICLE EIGHTEEN OF THE STATE CONSTITUTION, shall  have  authorized,  by
 one  or  more  laws, the creation of a state debt or debts, bonds of the
 state, to the amount of the debt or debts so authorized, shall be issued
 and sold by the state comptroller. Any appropriation from  the  proceeds
 of the sale of bonds, pursuant to this section, shall be deemed to be an
 authorization for the creation of a state debt or debts to the extent of
 such  appropriation.  The  state comptroller may issue and sell a single
 series of bonds pursuant to one or more such authorizations and for  one
 or  more  duly  authorized works or purposes. As part of the proceedings
 for each such issuance and sale of bonds, the  state  comptroller  shall
 designate  the works or purposes for which they are issued. It shall not
 be necessary for him to designate the works or purposes  for  which  the
 bonds are issued on the face of the bonds. The proceeds from the sale of
 bonds  for  more  than one work or purpose shall be separately accounted
 for according to the works or purposes designated for such sale  by  the
 comptroller  and the proceeds received for each work or purpose shall be
 expended only for such work or purpose. The bonds shall bear interest at
 such rate or rates as in the judgment of the state  comptroller  may  be
 sufficient or necessary to effect a sale of the bonds, and such interest
 shall  be  payable  at  least semi-annually, in the case of bonds with a
 fixed interest rate, and at least annually, in the case of bonds with an
 interest rate that varies periodically, in the city of New  York  unless
 annual  payments of principal and interest result in substantially level
 or declining debt service payments over the life of an  issue  of  bonds
 pursuant  to  paragraph (b) of subdivision two of this section or unless
 accrued interest is contributed to a sinking  fund  in  accordance  with
 subdivision  three  of  section  twelve  of  article  seven of the state
 constitution, in which case interest shall be paid at such times and  at
 such  places  as  shall  be determined by the state comptroller prior to
 issuance of the bonds.
   2. Such bonds, or the portion thereof at any  time  issued,  shall  be
 made payable (a) in equal annual principal installments or (b) in annual
 installments  of  principal  and  interest which result in substantially
 level or declining debt service payments, over the life  of  the  bonds,
 the  first  of  which annual installments shall be payable not more than
 one year from the date of issue and the last of which shall  be  payable

 S. 2005                            142                           A. 3005
 
 at  such  time  as the comptroller may determine but not more than forty
 years OR STATE FISCAL YEARS after the date of issue, NOT MORE THAN FIFTY
 YEARS AFTER THE DATE OF ISSUE IN THE CASE OF HOUSING BONDS, AND NOT MORE
 THAN  TWENTY-FIVE YEARS IN THE CASE OF URBAN RENEWAL BONDS.  Where bonds
 are payable pursuant to paragraph (b) of this  subdivision,  except  for
 the  year  OR  STATE FISCAL YEAR of initial issuance if less than a full
 year of debt service is to become due in that year OR STATE FISCAL YEAR,
 either (i) the greatest aggregate amount of debt service payable in  any
 YEAR  OR  STATE  fiscal  year shall not differ from the lowest aggregate
 amount of debt service payable in any other YEAR OR STATE fiscal year by
 more than five percent or (ii) the aggregate amount of debt  service  in
 each  YEAR  OR STATE fiscal year shall be less than the aggregate amount
 of debt service in the immediately preceding YEAR OR STATE fiscal  year.
 For purposes of this subdivision, debt service shall include all princi-
 pal,  redemption  price, sinking fund installments or contributions, and
 interest scheduled to become due. For purposes  of  determining  whether
 debt  service is level or declining on bonds issued with a variable rate
 of interest pursuant to paragraph b of subdivision four of this section,
 the comptroller shall assume a market rate of interest as of the date of
 issuance. Where the comptroller determines that interest  on  any  bonds
 shall be compounded and payable at maturity, such bonds shall be payable
 only in accordance with paragraph (b) of this subdivision unless accrued
 interest is contributed to a sinking fund in accordance with subdivision
 three  of  section twelve of article seven of the state constitution. In
 no case shall any bonds or portion thereof be issued for a period longer
 than the probable life of the work or purpose, or part thereof, to which
 the proceeds of the bonds are to be applied, or in the alternative,  the
 weighted average period of the probable life of the works or purposes to
 which  the proceeds of the bonds are to be applied taking into consider-
 ation the respective amounts of bonds issued for each work  or  purpose,
 as  may  be determined under section sixty-one of this [chapter] ARTICLE
 and in accordance with the certificate of the  commissioner  of  general
 services,  and/or  the  commissioner of transportation, state architect,
 STATE COMMISSIONER OF HOUSING AND URBAN RENEWAL, or other authority,  as
 the  case may be, having charge by law of the acquisition, construction,
 work or improvement for which the debt was authorized. Such  certificate
 shall  be  filed  in the office of the state comptroller and shall state
 the group, or, where the probable lives of two or more  separable  parts
 of  the  work  or  purposes are different, the groups, specified in such
 section, for which the amount or amounts, shall be provided by the issu-
 ance and sale of bonds. Weighted average period of probable  life  shall
 be  determined  by computing the sum of the products derived from multi-
 plying the dollar value of the portion of the debt contracted  for  each
 work  or purpose (or class of works or purposes) by the probable life of
 such work or purpose (or class of works or purposes)  and  dividing  the
 resulting  sum  by the dollar value of the entire debt after taking into
 consideration  any  original  issue  discount.  Any  costs  of  issuance
 financed with bond proceeds shall be prorated among the various works or
 purposes.  Such bonds, or the portion thereof at any time sold, shall be
 of such denominations, subject to the foregoing provisions, as the state
 comptroller may determine. Notwithstanding the foregoing  provisions  of
 this  subdivision,  the  comptroller  may issue all or a portion of such
 bonds as serial debt, term debt or a combination  thereof,  maturing  as
 required  by  this subdivision, provided that the comptroller shall have
 provided for the retirement each year OR STATE FISCAL YEAR, or otherwise
 have provided for the  payment  of,  through  sinking  fund  installment

 S. 2005                            143                           A. 3005
 
 payments or otherwise, a portion of such term bonds in an amount meeting
 the  requirements  of  paragraph (a) or (b) of this subdivision or shall
 have established a sinking fund and provided for  contributions  thereto
 as  provided  in subdivision eight of this section and section twelve of
 article seven of the state constitution.
   6. Except with respect to bonds issued in the manner provided in para-
 graph (c) of subdivision seven of this section, all bonds of  the  state
 of New York which the comptroller of the state of New York is authorized
 to  issue  and  sell,  shall be executed in the name of the state of New
 York by the manual or facsimile signature of the state  comptroller  and
 his seal (or a facsimile thereof) shall be thereunto affixed, imprinted,
 engraved  or  otherwise  reproduced.  In  case the state comptroller who
 shall have signed and sealed any of the bonds shall cease  to  hold  the
 office  of state comptroller before the bonds so signed and sealed shall
 have been actually countersigned and delivered by the  fiscal  agent  OR
 TRUSTEE, such bonds may, nevertheless, be countersigned and delivered as
 herein  provided,  and  may  be  issued  as if the state comptroller who
 signed and sealed such bonds had not ceased to  hold  such  office.  Any
 bond  of a series may be signed and sealed on behalf of the state of New
 York by such person as at the actual time of the execution of such  bond
 shall  hold the office of comptroller of the state of New York, although
 at the date of the bonds of such series such person may  not  have  held
 such  office.    The  coupons to be attached to the coupon bonds of each
 series shall be signed by the facsimile signature  of  the  state  comp-
 troller  of  the  state of New York or by any person who shall have held
 the office of state comptroller of the state of New York on or after the
 date of the bonds of such series, notwithstanding that such  person  may
 not have been such state comptroller at the date of any such bond or may
 have  ceased to be such state comptroller at the date when any such bond
 shall be actually countersigned and delivered.  The bonds of each series
 shall be countersigned  with  the  manual  signature  of  an  authorized
 employee  of  the  fiscal  agent OR TRUSTEE of the state of New York. No
 bond and no coupon thereunto appertaining shall be valid  or  obligatory
 for  any  purpose  until  such  manual countersignature of an authorized
 employee of the fiscal agent OR TRUSTEE of the state of New  York  shall
 have been duly affixed to such bond.
   § 50. Sections 58, 59 and 60 of the state finance law are REPEALED.
   §  51.  Section 62 of the state finance law, as amended by chapter 219
 of the laws of 1999, is amended to read as follows:
   § 62. Replacement of lost certificates. The comptroller, who  may  act
 through  his  duly authorized fiscal agent OR TRUSTEE appointed pursuant
 to section sixty-five of this article, may issue to the lawful owner  of
 any  certificate or bond issued by him in behalf of this state, which he
 or such duly authorized fiscal agent OR TRUSTEE  is  satisfied,  by  due
 proof  filed  in his office or with such duly authorized fiscal agent OR
 TRUSTEE, has been lost or casually destroyed, a new certificate or bond,
 corresponding in date, number and amount with the certificate or bond so
 lost or destroyed, and expressing on its  face  that  it  is  a  renewed
 certificate or bond. No such renewed certificate or bond shall be issued
 unless  sufficient  security is given to satisfy the lawful claim of any
 person to the original certificate or bond, or to any interest  therein.
 The  comptroller shall report annually to the legislature the number and
 amount of all renewed certificates or bonds so issued.  If  the  renewed
 certificate  is  issued  by  the state's duly authorized fiscal agent OR
 TRUSTEE and such agent OR TRUSTEE agrees to be responsible for any  loss
 suffered  as  a  result  of  unauthorized payment, the security shall be

 S. 2005                            144                           A. 3005
 
 provided to and approved by the fiscal agent OR  TRUSTEE  and  no  addi-
 tional  approval  by  the  comptroller  or the attorney general shall be
 required.
   §  52.  Section 65 of the state finance law, as amended by chapter 459
 of the laws of 1948, subdivision 1 as amended by chapter 219 of the laws
 of 1999, is amended to read as follows:
   § 65. Appointment of fiscal agent OR TRUSTEE; powers  and  duties.  1.
 Notwithstanding  any  other provisions of this chapter, the comptroller,
 on behalf of the state, may contract from time to time for a  period  or
 periods  not  exceeding  ten years each, except in the case of a bank or
 trust company agreeing to act as issuing,  paying  and/or  tender  agent
 with  respect  to  a particular issue of variable interest rate bonds in
 which case the comptroller, on behalf of the state, may contract  for  a
 period  not  to  exceed the term of such particular issue of bonds, with
 one or more banks or trust companies located in the city of New York, to
 act as fiscal agent, TRUSTEE, or agents of the state, and for the  main-
 tenance  of an office for the registration, conversion, reconversion and
 transfer of the bonds and notes of the state, including the  preparation
 and  substitution of new bonds and notes, for the payment of the princi-
 pal thereof and interest thereon, [and] for  related  services,  AND  TO
 OTHERWISE  EFFECTUATE THE POWERS AND DUTIES OF A FISCAL AGENT OR TRUSTEE
 ON BEHALF OF THE STATE IN ALL SUCH RESPECTS AS MAY BE DETERMINED BY  THE
 COMPTROLLER  FOR  SUCH BONDS AND NOTES, and for the payment by the state
 of such compensation therefor as the comptroller may determine. Any such
 fiscal agent OR TRUSTEE may, where authorized pursuant to the  terms  of
 its  contract, accept delivery of obligations purchased by the state and
 of securities deposited with the state pursuant to sections one  hundred
 five  and one hundred six of this chapter and hold the same in safekeep-
 ing, make delivery to purchasers of obligations sold by the  state,  and
 accept  deposit  of such proceeds of sale without securing the same. Any
 such contract may also provide that such fiscal agent  OR  TRUSTEE  may,
 upon the written instruction of the comptroller, deposit any obligations
 or securities which it receives pursuant to such contract, in an account
 with  a  federal reserve bank, to be held in such account in the form of
 entries on the books of the federal reserve bank, and to be  transferred
 in  the  event  of  any  assignment, sale, redemption, maturity or other
 disposition of such obligations or securities, by entries on  the  books
 of  the  federal  reserve  bank. Any such bank or trust company shall be
 responsible to the people of  this  state  for  the  faithful  and  safe
 conduct  of  the business of said office, for the fidelity and integrity
 of its officers and agents employed in such office, and for all loss  or
 damage  which may result from any failure to discharge their duties, and
 for any improper and incorrect discharge of those duties, and shall save
 the state free and harmless from any and all loss or  damage  occasioned
 by  or  incurred in the performance of such services.  Any such contract
 may be terminated by the comptroller at any time. In the  event  of  any
 change in any office maintained pursuant to any such contract, the comp-
 troller  shall  give public notice thereof in such form as he may deter-
 mine appropriate.
   2. The comptroller shall  prescribe  rules  and  regulations  for  the
 registration,  conversion,  reconversion  and  transfer of the bonds and
 notes of the state, including the preparation and  substitution  of  new
 bonds,  for  the  payment of the principal thereof and interest thereon,
 and for other authorized services to be performed by such  fiscal  agent
 OR  TRUSTEE.  Such  rules  and  regulations, and all amendments thereof,
 shall be prepared in duplicate, one copy of which shall be filed in  the

 S. 2005                            145                           A. 3005
 
 office  of  the  department  of  audit  and control and the other in the
 office of the department of state. A copy thereof  may  be  filed  as  a
 public  record  in  such other offices as the comptroller may determine.
 Such rules and regulations shall be obligatory on all persons having any
 interests  in  bonds  and  notes  of  the  state heretofore or hereafter
 issued.
   § 53. The state finance law is amended by adding a new article 5-G  to
 read as follows:
                                ARTICLE 5-G
                          PRIVATE SALE APPROVALS
 SECTION 69-P. PRIVATE SALE APPROVALS.
   § 69-P. PRIVATE SALE APPROVALS. NOTWITHSTANDING ANY OTHER PROVISION OF
 LAW TO THE CONTRARY, WHEREVER ANY ISSUER OF BONDS, NOTES, OR OTHER OBLI-
 GATIONS,  AS AUTHORIZED IN THE STATE FINANCE LAW, THE PUBLIC AUTHORITIES
 LAW, THE LOCAL FINANCE LAW, THE GENERAL MUNICIPAL LAW, THE PRIVATE HOUS-
 ING FINANCE LAW, THE ARTS AND CULTURAL AFFAIRS LAW, THE RACING, PARI-MU-
 TUAL WAGERING AND BREEDING LAW, OR  UNCONSOLIDATED  LAW,  SHALL  HAVE  A
 REQUIREMENT  THAT  SUCH  BONDS, NOTES, OR OTHER OBLIGATIONS SHALL NOT BE
 SOLD AT PRIVATE SALE UNLESS SUCH SALE AND THE TERMS  THEREOF  HAVE  BEEN
 APPROVED BY THE STATE COMPTROLLER, SUCH ISSUER SHALL ONLY BE REQUIRED TO
 SEEK  OR  SECURE THE APPROVAL FROM THE STATE COMPTROLLER OF THE INTEREST
 RATES, YIELDS, AND PRICES OF SUCH BONDS, NOTES OR OTHER OBLIGATIONS, AND
 THEIR COSTS OF  ISSUANCE.  IF  THE  STATE  COMPTROLLER  SHALL  NOT  HAVE
 PROVIDED A DECISION ON SUCH APPROVAL BY NO LATER THAN NOON EASTERN STAN-
 DARD  TIME ON THE NEXT BUSINESS DAY FOLLOWING THE FINAL PRICING ACTIVITY
 OF EACH SUCH PRIVATE SALE, THEN THE SALE AND THE TERMS THEREOF SHALL  BE
 DEEMED TO BE APPROVED.
   §  54.  Subdivision 2 of section 365 of the public authorities law, as
 separately amended by sections 349 and 381 of chapter 190 of the laws of
 1990, is amended to read as follows:
   2. The notes and bonds shall be authorized by resolution of the board,
 shall bear such date or dates and mature at such time or times,  in  the
 case  of  notes  and  any renewals thereof within five years after their
 respective dates and in the case of bonds not exceeding forty years from
 their respective dates, as such resolution or resolutions  may  provide.
 The  notes  and  bonds  shall bear interest at such rate or rates, be in
 such denominations, be in such form, either coupon or registered,  carry
 such  registration privileges, be executed in such manner, be payable in
 such medium of payment, at such place or places, and be subject to  such
 terms of redemption as such resolution or resolutions may provide. Bonds
 and  notes shall be sold by the authority, at public or private sale, at
 such price or prices as the authority may determine. Bonds and notes  of
 the  authority shall not be sold by the authority at private sale unless
 such sale and the terms thereof have been approved  in  writing  by  the
 comptroller, where such sale is not to the comptroller, or by the direc-
 tor  of  the  budget,  where such sale is to the comptroller. [Bonds and
 notes sold at public sale shall be sold by the comptroller, as agent  of
 the authority, in such manner as the authority, with the approval of the
 comptroller, shall determine.]
   §  55.  This  act shall take effect immediately and shall be deemed to
 have been in full force and effect on and after April 1, 2017; provided,
 however, that the provisions of sections one, two,  three,  four,  five,
 six,  seven,  eight,  thirteen,  fourteen,  fifteen, sixteen, seventeen,
 eighteen, nineteen, twenty, twenty-one, and twenty-two of this act shall
 expire March 31, 2018  when  upon  such  date  the  provisions  of  such
 sections shall be deemed repealed.

 S. 2005                            146                           A. 3005
 
   § 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.
   §  3.  This  act shall take effect immediately provided, however, that
 the applicable effective date of Parts A through Z of this act shall  be
 as specifically set forth in the last section of such Parts.

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
     S. 2005--A                                            A. 3005--A
 
                       S E N A T E - A S S E M B L Y
 
                             January 23, 2017
                                ___________
 
 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 chapter 887 of the laws of 1983, amending the correction
   law  relating  to the psychological testing of candidates, in relation
   to the effectiveness thereof; to amend chapter  428  of  the  laws  of
   1999, amending the executive law and the criminal procedure law relat-
   ing  to  expanding the geographic area of employment of certain police
   officers, in relation to extending the expiration of such chapter;  to
   amend chapter 886 of the laws of 1972, amending the correction law and
   the  penal law relating to prisoner furloughs in certain cases and the
   crime of absconding therefrom, in relation to the effectiveness there-
   of; to amend chapter 261 of the laws of 1987, amending chapters 50, 53
   and 54 of the laws of 1987, the correction  law,  the  penal  law  and
   other  chapters  and  laws  relating  to  correctional  facilities, in
   relation to the effectiveness thereof; to amend  chapter  339  of  the
   laws  of  1972, amending the correction law and the penal law relating
   to inmate work release, furlough and leave, in relation to the  effec-
   tiveness  thereof; to amend chapter 60 of the laws of 1994 relating to
   certain provisions which impact upon expenditure of certain  appropri-
   ations made by chapter 50 of the laws of 1994 enacting the state oper-
   ations  budget,  in  relation  to  the effectiveness thereof; to amend
   chapter 3 of the laws of 1995, amending the correction law  and  other
   laws  relating  to the incarceration fee, in relation to extending the
   expiration of certain provisions of such chapter; to amend chapter  62
   of  the  laws  of  2011, amending the correction law and the executive
   law, relating to merging the department of correctional  services  and
   division  of  parole  into the department of corrections and community
   supervision, in relation to the effectiveness thereof; to amend  chap-
   ter 55 of the laws of 1992, amending the tax law and other laws relat-
 
              

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD12570-02-7

 S. 2005--A                          2                         A. 3005--A
 
   ing  to  taxes, surcharges, fees and funding, in relation to extending
   the expiration of certain provisions of such chapter; to amend chapter
   907 of the laws of 1984, amending the correction  law,  the  New  York
   city  criminal  court act and the executive law relating to prison and
   jail housing and alternatives to detention and incarceration programs,
   in relation to extending the expiration of certain provisions of  such
   chapter;  to  amend  chapter 166 of the laws of 1991, amending the tax
   law and other laws relating to taxes, in  relation  to  extending  the
   expiration of certain provisions of such chapter; to amend the vehicle
   and traffic law, in relation to extending the expiration of the manda-
   tory  surcharge and victim assistance fee; to amend chapter 713 of the
   laws of 1988, amending the vehicle and traffic  law  relating  to  the
   ignition  interlock device program, in relation to extending the expi-
   ration thereof; to amend chapter 435 of the laws of 1997, amending the
   military law  and  other  laws  relating  to  various  provisions,  in
   relation  to  extending the expiration date of the merit provisions of
   the correction law and the penal law of such chapter; to amend chapter
   412 of the laws of 1999, amending the civil practice law and rules and
   the court of claims act relating to  prisoner  litigation  reform,  in
   relation  to  extending  the  expiration  of  the  inmate  filing  fee
   provisions of the civil practice law and rules and general filing  fee
   provision  and  inmate  property  claims exhaustion requirement of the
   court of claims act of such chapter; to amend chapter 222 of the  laws
   of  1994  constituting  the  family  protection  and domestic violence
   intervention act of 1994, in relation to extending the  expiration  of
   certain  provisions of the criminal procedure law requiring the arrest
   of certain persons engaged in family violence; to amend chapter 505 of
   the laws of 1985, amending the criminal procedure law relating to  the
   use  of  closed-circuit  television  and other protective measures for
   certain child witnesses, in relation to extending  the  expiration  of
   the provisions thereof; to amend chapter 3 of the laws of 1995, enact-
   ing  the  sentencing  reform act of 1995, in relation to extending the
   expiration of certain provisions of such chapter; to amend chapter 689
   of the laws of 1993 amending the criminal procedure  law  relating  to
   electronic  court  appearance  in  certain  counties,  in  relation to
   extending the expiration thereof; to amend chapter 688 of the laws  of
   2003,  amending  the executive law relating to enacting the interstate
   compact for adult offender supervision, in relation to the  effective-
   ness  thereof;  to  amend chapter 56 of the laws of 2009, amending the
   correction law relating to limiting the closing of certain correction-
   al facilities, providing for the custody by the department of  correc-
   tional  services  of inmates serving definite sentences, providing for
   custody of federal prisoners and  requiring  the  closing  of  certain
   correctional  facilities,  in  relation  to  the effectiveness of such
   chapter; to amend chapter 152 of the laws of 2001 amending  the  mili-
   tary  law  relating  to  military  funds  of the organized militia, in
   relation to the effectiveness thereof; to amend  chapter  554  of  the
   laws  of  1986, amending the correction law and the penal law relating
   to providing for community treatment facilities and  establishing  the
   crime of absconding from the community treatment facility, in relation
   to  the effectiveness thereof; and to amend 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 A);  to  amend  the  penal
   law,  in  relation  to  criminal  possession of marihuana in the fifth
   degree (Part B); to amend the penal law, in relation  to  cybercrimes;

 S. 2005--A                          3                         A. 3005--A
 
   and to repeal certain provisions of the penal law thereto (Part C); to
   amend  the criminal procedure law, the family court act and the execu-
   tive law, in relation to statements of those  accused  of  crimes  and
   eyewitness  identifications,  to  enhance  criminal investigations and
   prosecutions and to promote confidence in the criminal justice  system
   of  this  state;  to  amend  the  county law and the executive law, in
   relation to the implementation of  a  plan  regarding  indigent  legal
   services; to amend chapter 62 of the laws of 2003, amending the county
   law  and other laws relating to fees collected, in relation to certain
   fees collected by the office of court  administration;  to  amend  the
   judiciary law, in relation to the biennial registration fee for attor-
   neys,  and  to  amend  the vehicle and traffic law, in relation to the
   termination of the suspension fee for a license  to  operate  a  motor
   vehicle  (Part  D);  to  amend  the correction law, the penal law, the
   criminal  procedure  law  and  the  executive  law,  in  relation   to
   correction reform; and to amend chapter 3 of the laws of 1995 enacting
   the  sentencing  reform  act  of  1995,  in relation to making certain
   provisions permanent (Part E); to amend the executive law, in relation
   to the establishment of a hate crime task force (Part F); to amend the
   executive law, in relation to  expanding  eligibility  for  awards  to
   victims  of  certain crimes not resulting in physical injury (Part G);
   to amend the executive law, in relation to the reimbursement for  loss
   of  savings  of a vulnerable elderly person or an incompetent or phys-
   ically disabled person (Part  H);  to  amend  the  executive  law,  in
   relation  to additional duties of the commissioner of general services
   (Part I); to amend the state finance law and  the  public  authorities
   law,  in relation to state procurement of goods and products (Part J);
   to authorize the transfer of employees of the division of military and
   naval affairs in the unclassified service of the state to  the  office
   of  general  services; and providing for the repeal of such provisions
   upon expiration thereof (Part K); to amend chapter 674 of the laws  of
   1993  amending  the public buildings law relating to value limitations
   on contracts, in relation to extending the effectiveness thereof;  and
   to  amend  the  public  buildings  law  and  the state finance law, in
   relation to contracts for construction projects (Part L); to amend the
   New York state printing and  public  documents  law,  in  relation  to
   allowing  the  exclusion of printing when the cost of such printing is
   below the agency's discretionary purchasing  threshold  (Part  M);  to
   amend  the  state  finance  law,  in relation to the preferred sources
   program for commodities or services (Part N); to  amend  the  workers'
   compensation  law,  in  relation  to  the right to cancel an insurance
   policy for failure by an employer to cooperate with a  payroll  audit,
   to  the collection of premiums in case of default, and to the informa-
   tion required to be included in payroll records (Part O); to amend the
   workers' compensation law, in relation to the  investment  of  surplus
   funds of the state insurance fund (Part P); to amend the civil service
   law, in relation to term appointments to temporary positions in infor-
   mation  technology  (Part  Q); to amend the general municipal law, the
   public housing law, the state finance law and chapter 585 of the  laws
   of 1939, relating to the rate of interest to be paid by certain public
   corporations  upon judgments and accrued claims, in relation to inter-
   est rates paid by certain public corporations (Part R); to  amend  the
   civil service law, in relation to the reimbursement of medicare premi-
   um  charges  (Part  S); to amend the civil service law, in relation to
   the state's contribution to the cost of health insurance  premium  for
   retirees  of  the  state  and  their dependents (Part T); to amend the

 S. 2005--A                          4                         A. 3005--A
 
   municipal home rule law, in relation to  county-wide  shared  services
   property  tax  savings  plan  (Part U); to amend the executive law, in
   relation to unlawful discriminatory practices  by  educational  insti-
   tutions  (Part V); to amend the public authorities law, in relation to
   enacting the "New York  state  consolidated  laboratory  project  act"
   (Part  W);  to  amend the economic development law, the education law,
   the tax law and the real property tax law, in relation to the  excels-
   ior  business program (Part X); to amend the labor law, in relation to
   amending unemployment insurance benefits for earnings disregard  (Part
   Y);  to  provide  for the administration of certain funds and accounts
   related to the 2017-18 budget and  authorizing  certain  payments  and
   transfers;  to  amend the state finance law, in relation to the school
   tax relief fund and payments, transfers and  deposits;  to  amend  the
   state finance law, in relation to the dedicated infrastructure invest-
   ment fund; to amend chapter 62 of the laws of 2003 amending the gener-
   al  business  law  and  other  laws relating to implementing the state
   fiscal plan for the 2003-2004 state fiscal year, in  relation  to  the
   deposit  provisions  of  the  tobacco settlement financing corporation
   act; to amend the state finance law, in relation to  establishing  the
   retiree health benefit trust fund; to amend chapter 174 of the laws of
   1968  constituting  the  New  York state urban development corporation
   act, in relation to funding project  costs  undertaken  by  non-public
   schools;  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 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 by the dormitory authority; to amend
   chapter 61 of the laws of 2005 relating to providing for the  adminis-
   tration 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

 S. 2005--A                          5                         A. 3005--A
 
   to  increasing  the  amount  of authorized matching capital grants; to
   amend the public authorities law, in  relation  to  authorization  for
   issuance  of  bonds for the capital restructuring bond finance program
   and the health care facility transformation program to amend the state
   finance  law  and  the  public authorities law, in relation to funding
   certain capital projects and the issuance of bonds; to repeal sections
   58, 59 and 60 of the state finance law relating thereto; and providing
   for the repeal of certain provisions upon expiration thereof (Part Z);
   and to amend the insurance law, in relation to  workers'  compensation
   rate  service  organizations;  and  to amend chapter 11 of the laws of
   2008, amending the workers' compensation law, the insurance  law,  the
   volunteer  ambulance workers' benefit law and the volunteer firefight-
   ers' benefit law, relating to rates for workers'  compensation  insur-
   ance  and  setting  forth  conditions for a workers' compensation rate
   service organization, in relation to the effectiveness  thereof  (Part
   AA)
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. This act enacts into law major  components  of  legislation
 which are necessary to implement the state fiscal plan for the 2017-2018
 state  fiscal  year.  Each  component  is wholly contained within a Part
 identified as Parts A through AA. The effective date for each particular
 provision contained within such Part is set forth in the last section of
 such Part. Any provision in any section contained within a Part, includ-
 ing the effective date of the Part, which makes a reference to a section
 "of this act", when used in connection with that  particular  component,
 shall  be  deemed  to mean and refer to the corresponding section of the
 Part in which it is found. Section three of  this  act  sets  forth  the
 general effective date of this act.
 
                                  PART A
 
   Section  1. Section 2 of chapter 887 of the laws of 1983, amending the
 correction law relating to the psychological testing of  candidates,  as
 amended  by  section  1  of part B of chapter 55 of the laws of 2015, is
 amended to read as follows:
   § 2. This act shall take effect on the one hundred eightieth day after
 it shall have become a law and shall remain in effect until September 1,
 [2017] 2019.
   § 2. Section 3 of chapter 428 of the laws of 1999, amending the execu-
 tive law and the  criminal  procedure  law  relating  to  expanding  the
 geographic  area of employment of certain police officers, as amended by
 section 2 of part B of chapter 55 of the laws of  2015,  is  amended  to
 read as follows:
   §  3.  This  act  shall  take effect on the first day of November next
 succeeding the date on which it shall  have  become  a  law,  and  shall
 remain  in effect until the first day of September, [2017] 2019, when it
 shall expire and be deemed repealed.
   § 3. Section 3 of chapter 886  of  the  laws  of  1972,  amending  the
 correction  law  and  the  penal  law  relating to prisoner furloughs in
 certain cases and the crime  of  absconding  therefrom,  as  amended  by
 section  3  of  part  B of chapter 55 of the laws of 2015, is amended to
 read as follows:

 S. 2005--A                          6                         A. 3005--A
 
   § 3. This act shall take effect 60 days after it shall have  become  a
 law and shall remain in effect until September 1, [2017] 2019.
   §  4. Section 20 of chapter 261 of the laws of 1987, amending chapters
 50, 53 and 54 of the laws of 1987, the correction law, the penal law and
 other chapters and laws relating to correctional facilities, as  amended
 by  section 4 of part B of chapter 55 of the laws of 2015, is amended to
 read as follows:
   § 20. This act shall take effect immediately except that section thir-
 teen of this act shall expire and be of no further force  or  effect  on
 and  after  September  1,  [2017]  2019  and  shall not apply to persons
 committed to the custody of the department after such date, and provided
 further that the commissioner of corrections and  community  supervision
 shall  report  each January first and July first during such time as the
 earned eligibility program is in effect, to the chairmen of  the  senate
 crime  victims, crime and correction committee, the senate codes commit-
 tee, the assembly correction committee, and the assembly  codes  commit-
 tee,  the  standards  in  effect for earned eligibility during the prior
 six-month period, the number of inmates subject  to  the  provisions  of
 earned  eligibility,  the  number  who actually received certificates of
 earned eligibility during that period of time,  the  number  of  inmates
 with  certificates who are granted parole upon their first consideration
 for parole, the number with certificates  who  are  denied  parole  upon
 their  first  consideration,  and  the number of individuals granted and
 denied parole who did not have earned eligibility certificates.
   § 5. Subdivision (q) of section 427 of chapter 55 of the laws of 1992,
 amending the tax law and other laws relating to taxes, surcharges,  fees
 and funding, as amended by section 5 of part B of chapter 55 of the laws
 of 2015, is amended to read as follows:
   (q)  the  provisions  of  section  two hundred eighty-four of this act
 shall remain in effect until September 1, [2017] 2019 and be  applicable
 to all persons entering the program on or before August 31, [2017] 2019.
   §  6.  Section  10  of  chapter  339 of the laws of 1972, amending the
 correction law and the  penal  law  relating  to  inmate  work  release,
 furlough  and  leave, as amended by section 6 of part B of chapter 55 of
 the laws of 2015, is amended to read as follows:
   § 10. This act shall take effect 30 days after it shall have become  a
 law  and  shall  remain  in  effect  until September 1, [2017] 2019, and
 provided further that the commissioner of  correctional  services  shall
 report each January first, and July first, to the chairman of the senate
 crime  victims, crime and correction committee, the senate codes commit-
 tee, the assembly correction committee, and the assembly  codes  commit-
 tee,  the  number of eligible inmates in each facility under the custody
 and control of the commissioner who have applied  for  participation  in
 any  program  offered under the provisions of work release, furlough, or
 leave, and the number of such inmates who have been approved for partic-
 ipation.
   § 7. Subdivision (c) of section 46 of chapter 60 of the laws  of  1994
 relating  to certain provisions which impact upon expenditure of certain
 appropriations made by chapter 50 of the laws of 1994 enacting the state
 operations budget, as amended by section 7 of part B of  chapter  55  of
 the laws of 2015, is amended to read as follows:
   (c)  sections forty-one and forty-two of this act shall expire Septem-
 ber 1, [2017] 2019; provided, that the provisions of  section  forty-two
 of  this act shall apply to inmates entering the work release program on
 or after such effective date; and

 S. 2005--A                          7                         A. 3005--A
 
   § 8. Subdivision h of section 74 of chapter 3 of  the  laws  of  1995,
 amending the correction law and other laws relating to the incarceration
 fee,  as  amended  by  section  8 of part B of chapter 55 of the laws of
 2015, is amended to read as follows:
   h.  Section fifty-two of this act shall be deemed to have been in full
 force and effect on and after April 1, 1995; provided, however, that the
 provisions of section 189 of the correction law, as amended  by  section
 fifty-five of this act, subdivision 5 of section 60.35 of the penal law,
 as  amended by section fifty-six of this act, and section fifty-seven of
 this act shall expire September 1, [2017] 2019, when upon such date  the
 amendments  to  the correction law and penal law made by sections fifty-
 five and fifty-six of this act shall revert to and be  read  as  if  the
 provisions  of  this  act  had not been enacted; provided, however, that
 sections sixty-two, sixty-three and sixty-four  of  this  act  shall  be
 deemed  to have been in full force and effect on and after March 1, 1995
 and shall be deemed repealed April  1,  1996  and  upon  such  date  the
 provisions  of  subsection  (e) of section 9110 of the insurance law and
 subdivision 2 of section 89-d of the state finance law shall  revert  to
 and  be  read  as  set  out in law on the date immediately preceding the
 effective date of sections sixty-two and sixty-three of this act;
   § 9. Subdivision (c) of section 49 of subpart A of part C  of  chapter
 62  of  the  laws  of 2011 amending the correction law and the executive
 law, relating to merging the department  of  correctional  services  and
 division  of  parole  into  the  department of corrections and community
 supervision, as amended by section 9 of part B of chapter 55 of the laws
 of 2015, is amended to read as follows:
   (c) that the amendments  to  subdivision  9  of  section  201  of  the
 correction  law  as added by section thirty-two of this act shall remain
 in effect until September 1, [2017] 2019, when it shall  expire  and  be
 deemed repealed;
   §  10.  Subdivision  (aa)  of section 427 of chapter 55 of the laws of
 1992, amending the tax law and other laws relating to taxes, surcharges,
 fees and funding, as amended by section 10 of part B of  chapter  55  of
 the laws of 2015, is amended to read as follows:
   (aa)  the  provisions  of  sections  three  hundred  eighty-two, three
 hundred eighty-three and three hundred eighty-four  of  this  act  shall
 expire on September 1, [2017] 2019;
   §  11.  Section  12  of  chapter 907 of the laws of 1984, amending the
 correction law, the New York city criminal court act and  the  executive
 law  relating  to  prison and jail housing and alternatives to detention
 and incarceration programs, as amended by section 11 of part B of  chap-
 ter 55 of the laws of 2015, is amended to read as follows:
   §  12.  This  act  shall  take  effect  immediately,  except  that the
 provisions of sections one through ten of this act shall remain in  full
 force  and  effect  until  September  1, [2017] 2019 on which date those
 provisions shall be deemed to be repealed.
   § 12. Subdivision (p) of section 406 of chapter 166  of  the  laws  of
 1991,  amending the tax law and other laws relating to taxes, as amended
 by section 12 of part B of chapter 55 of the laws of 2015, is amended to
 read as follows:
   (p) The amendments to section 1809 of the vehicle and traffic law made
 by sections three hundred thirty-seven and three hundred thirty-eight of
 this act shall not apply to any offense committed prior to  such  effec-
 tive  date;  provided,  further, that section three hundred forty-one of
 this act shall take effect immediately and shall expire November 1, 1993
 at which time it  shall  be  deemed  repealed;  sections  three  hundred

 S. 2005--A                          8                         A. 3005--A
 
 forty-five  and  three  hundred  forty-six of this act shall take effect
 July 1, 1991; sections three hundred fifty-five,  three  hundred  fifty-
 six,  three hundred fifty-seven and three hundred fifty-nine of this act
 shall  take  effect immediately and shall expire June 30, 1995 and shall
 revert to and be read as if this act had not been enacted; section three
 hundred fifty-eight of this act shall take effect immediately and  shall
 expire  June 30, 1998 and shall revert to and be read as if this act had
 not been enacted; section three hundred sixty-four through three hundred
 sixty-seven of this act shall apply to claims filed  on  or  after  such
 effective  date; sections three hundred sixty-nine, three hundred seven-
 ty-two, three hundred seventy-three, three hundred  seventy-four,  three
 hundred  seventy-five  and  three  hundred seventy-six of this act shall
 remain in effect until September 1, [2017]  2019,  at  which  time  they
 shall   be  deemed  repealed;  provided,  however,  that  the  mandatory
 surcharge provided in section three hundred  seventy-four  of  this  act
 shall  apply  to parking violations occurring on or after said effective
 date; and provided further that the amendments made to  section  235  of
 the vehicle and traffic law by section three hundred seventy-two of this
 act,  the amendments made to section 1809 of the vehicle and traffic law
 by sections three hundred thirty-seven and three hundred thirty-eight of
 this act and the amendments made to section 215-a of the  labor  law  by
 section three hundred seventy-five of this act shall expire on September
 1,  [2017]  2019  and upon such date the provisions of such subdivisions
 and sections shall revert to and be read as if the  provisions  of  this
 act  had  not  been  enacted;  the amendments to subdivisions 2 and 3 of
 section 400.05 of the penal law made by sections three hundred  seventy-
 seven  and  three hundred seventy-eight of this act shall expire on July
 1, 1992 and upon such date the provisions  of  such  subdivisions  shall
 revert  and  shall be read as if the provisions of this act had not been
 enacted; the state board of law examiners shall take such action  as  is
 necessary to assure that all applicants for examination for admission to
 practice  as  an  attorney and counsellor at law shall pay the increased
 examination fee provided for by the amendment made to section 465 of the
 judiciary law by section three hundred eighty of this act for any  exam-
 ination given on or after the effective date of this act notwithstanding
 that an applicant for such examination may have prepaid a lesser fee for
 such examination as required by the provisions of such section 465 as of
 the  date  prior  to  the  effective date of this act; the provisions of
 section 306-a of the civil practice law and rules as  added  by  section
 three  hundred eighty-one of this act shall apply to all actions pending
 on or commenced on or after September 1, 1991, provided,  however,  that
 for  the  purposes of this section service of such summons made prior to
 such date shall be deemed to have been completed on September  1,  1991;
 the  provisions  of section three hundred eighty-three of this act shall
 apply to all money deposited  in  connection  with  a  cash  bail  or  a
 partially  secured  bail  bond  on or after such effective date; and the
 provisions of sections  three  hundred  eighty-four  and  three  hundred
 eighty-five  of  this  act  shall  apply  only to jury service commenced
 during a judicial term beginning on or after the effective date of  this
 act; provided, however, that nothing contained herein shall be deemed to
 affect  the  application,  qualification,  expiration  or  repeal of any
 provision of law amended by any section of this act and such  provisions
 shall  be  applied or qualified or shall expire or be deemed repealed in
 the same manner, to the same extent and on the same date as the case may
 be as otherwise provided by law;

 S. 2005--A                          9                         A. 3005--A
 
   § 13. Subdivision 8 of section 1809 of the vehicle and traffic law, as
 amended by section 13 of part B of chapter 55 of the laws  of  2015,  is
 amended to read as follows:
   8. The provisions of this section shall only apply to offenses commit-
 ted on or before September first, two thousand [seventeen] NINETEEN.
   § 14. Section 6 of chapter 713 of the laws of 1988, amending the vehi-
 cle  and  traffic law relating to the ignition interlock device program,
 as amended by section 14 of part B of chapter 55 of the laws of 2015, is
 amended to read as follows:
   § 6. This act shall take  effect  on  the  first  day  of  April  next
 succeeding  the  date  on  which  it  shall have become a law; provided,
 however, that effective immediately, the addition, amendment  or  repeal
 of  any rule or regulation necessary for the implementation of the fore-
 going sections of this act on their effective  date  is  authorized  and
 directed  to  be made and completed on or before such effective date and
 shall remain in full force and effect until the first day of  September,
 [2017]  2019  when  upon  such  date the provisions of this act shall be
 deemed repealed.
   § 15. Paragraph a of subdivision 6 of section 76 of chapter 435 of the
 laws of 1997, amending the military law and other laws relating to vari-
 ous provisions, as amended by section 15 of part B of chapter 55 of  the
 laws of 2015, is amended to read as follows:
   a.  sections  forty-three  through forty-five of this act shall expire
 and be deemed repealed on September 1, [2017] 2019;
   § 16. Section 4 of part D of chapter 412 of the laws of 1999, amending
 the civil practice law and rules and the court of claims act relating to
 prisoner litigation reform, as amended by section 16 of part B of  chap-
 ter 55 of the laws of 2015, is amended to read as follows:
   §  4. This act shall take effect 120 days after it shall have become a
 law and shall remain in full force and effect until September 1,  [2017]
 2019, when upon such date it shall expire.
   §  17. Subdivision 2 of section 59 of chapter 222 of the laws of 1994,
 constituting the family protection and  domestic  violence  intervention
 act  of  1994,  as  amended by section 17 of part B of chapter 55 of the
 laws of 2015, is amended to read as follows:
   2. Subdivision 4 of section 140.10 of the criminal  procedure  law  as
 added  by  section  thirty-two  of this act shall take effect January 1,
 1996 and shall expire and be deemed  repealed  on  September  1,  [2017]
 2019.
   § 18. Section 5 of chapter 505 of the laws of 1985, amending the crim-
 inal  procedure law relating to the use of closed-circuit television and
 other protective measures for certain child  witnesses,  as  amended  by
 section  18  of  part B of chapter 55 of the laws of 2015, is amended to
 read as follows:
   § 5. This act shall take effect immediately and  shall  apply  to  all
 criminal  actions  and proceedings commenced prior to the effective date
 of this act but still pending on such  date  as  well  as  all  criminal
 actions  and  proceedings  commenced on or after such effective date and
 its provisions shall expire on  September 1, [2017] 2019, when upon such
 date the provisions of this act shall be deemed repealed.
   § 19. Subdivision d of section 74 of chapter 3 of the  laws  of  1995,
 enacting  the sentencing reform act of 1995, as amended by section 19 of
 part B of chapter 55 of the laws of 2015, is amended to read as follows:
   d. Sections one-a through twenty,  twenty-four  through  twenty-eight,
 thirty  through  thirty-nine, forty-two and forty-four of this act shall
 be deemed repealed on September 1, [2017] 2019;

 S. 2005--A                         10                         A. 3005--A
 
   § 20. Section 2 of chapter 689 of the laws of 1993 amending the crimi-
 nal procedure law relating to electronic  court  appearance  in  certain
 counties,  as  amended by section 20 of part B of chapter 55 of the laws
 of 2015, is amended to read as follows:
   §  2.  This  act  shall  take  effect  immediately,  except  that  the
 provisions of this act shall be deemed to have been in  full  force  and
 effect  since  July  1, 1992 and the provisions of this act shall expire
 September 1, [2017] 2019 when upon such date the provisions of this  act
 shall be deemed repealed.
   § 21. Section 3 of chapter 688 of the laws of 2003, amending the exec-
 utive law relating to enacting the interstate compact for adult offender
 supervision,  as  amended  by  section 21 of part B of chapter 55 of the
 laws of 2015, is amended to read as follows:
   § 3. This act shall take effect immediately, except that  section  one
 of  this  act  shall take effect on the first of January next succeeding
 the date on which it shall have become a law, and shall remain in effect
 until the first of September, [2017] 2019,  upon  which  date  this  act
 shall  be deemed repealed and have no further force and effect; provided
 that section one of this act shall only take effect with respect to  any
 compacting  state  which  has  enacted  an  interstate  compact entitled
 "Interstate compact for adult offender supervision" and having an  iden-
 tical  effect  to  that  added  by  section one of this act and provided
 further that with respect to any such compacting state, upon the  effec-
 tive date of section one of this act, section 259-m of the executive law
 is  hereby  deemed  REPEALED and section 259-mm of the executive law, as
 added by section one of  this  act,  shall  take  effect;  and  provided
 further  that  with respect to any state which has not enacted an inter-
 state compact entitled "Interstate compact  for  adult  offender  super-
 vision"  and  having an identical effect to that added by section one of
 this act, section 259-m of the executive law shall take effect  and  the
 provisions  of  section one of this act, with respect to any such state,
 shall have no force or effect until such time as such state shall  adopt
 an  interstate  compact  entitled "Interstate compact for adult offender
 supervision" and having an identical effect to that added by section one
 of this act in which case, with respect to such state,  effective  imme-
 diately,  section  259-m  of  the  executive  law is deemed repealed and
 section 259-mm of the executive law, as added by  section  one  of  this
 act, shall take effect.
   §  22. Section 8 of part H of chapter 56 of the laws of 2009, amending
 the correction law relating to limiting the closing of  certain  correc-
 tional  facilities,  providing  for  the  custody  by  the department of
 correctional services of inmates serving definite  sentences,  providing
 for  custody  of  federal prisoners and requiring the closing of certain
 correctional facilities, as amended by section 22 of part B  of  chapter
 55 of the laws of 2015, is amended to read as follows:
   §  8.  This  act shall take effect immediately; provided, however that
 sections five and six of this act shall expire and  be  deemed  repealed
 September 1, [2017] 2019.
   §  23. Section 3 of part C of chapter 152 of the laws of 2001 amending
 the military law relating to military funds of the organized militia, as
 amended by section 23 of part B of chapter 55 of the laws  of  2015,  is
 amended to read as follows:
   §  3.  This act shall take effect on the same date as the reversion of
 subdivision 5 of section 183 and subdivision 1 of  section  221  of  the
 military  law  as  provided  by section 76 of chapter 435 of the laws of
 1997, as amended by section 1 of chapter 19 of the laws of 1999 notwith-

 S. 2005--A                         11                         A. 3005--A
 
 standing this act shall be deemed to have been in full force and  effect
 on  and  after  July  31, 2005 and shall remain in full force and effect
 until September 1, [2017] 2019  when  upon  such  date  this  act  shall
 expire.
   §  24.  Section  5  of  chapter  554 of the laws of 1986, amending the
 correction law and the penal law relating  to  providing  for  community
 treatment  facilities  and establishing the crime of absconding from the
 community treatment facility, as amended by section  24  of  part  B  of
 chapter 55 of the laws of 2015, is amended to read as follows:
   §  5.  This act shall take effect immediately and shall remain in full
 force and effect until September 1, [2017] 2019,  and  provided  further
 that the commissioner of correctional services shall report each January
 first  and July first during such time as this legislation is in effect,
 to the chairmen of  the  senate  crime  victims,  crime  and  correction
 committee,  the  senate codes committee, the assembly correction commit-
 tee, and the assembly codes committee, the number of individuals who are
 released to community treatment facilities during the previous six-month
 period, including the total number for each date at  each  facility  who
 are  not residing within the facility, but who are required to report to
 the facility on a daily or less frequent basis.
   § 25. Section 2 of part H of chapter 503 of the laws of 2009  relating
 to  the  disposition  of  monies  recovered by county district attorneys
 before the filing of an accusatory instrument, as amended by  section  1
 of  part  B  of  chapter  57  of the laws of 2016, is amended to read as
 follows:
   § 2. This act shall take effect immediately and shall remain  in  full
 force  and  effect until March 31, [2017] 2019, when it shall expire and
 be deemed repealed.
   § 26. This act shall take effect immediately,  provided  however  that
 section  twenty-five  of  this  act shall be deemed to have been in full
 force and effect on and after March 31, 2017.
 
                                  PART B
 
   Section 1. Section 221.10 of the penal law, as amended by chapter  265
 of  the  laws  of 1979 and subdivision 2 as amended by chapter 75 of the
 laws of 1995, is amended to read as follows:
 § 221.10 Criminal possession of marihuana in the fifth degree.
   A person is guilty of criminal possession of marihuana  in  the  fifth
 degree when he OR SHE knowingly and unlawfully possesses:
   1.  marihuana  in a public place, as defined in section 240.00 of this
 chapter, and such marihuana is burning [or open to public view]; or
   2.  one  or  more  preparations,  compounds,  mixtures  or  substances
 containing  marihuana  and  the  preparations,  compounds,  mixtures  or
 substances are of an aggregate weight of more than twenty-five grams.
   Criminal possession of marihuana in the fifth  degree  is  a  class  B
 misdemeanor.
   § 2. This act shall take effect on the first of November next succeed-
 ing the date on which it shall have become a law.
 
                                  PART C
 
   Section 1. Section 190.78 of the penal law, as added by chapter 619 of
 the laws of 2002, is amended to read as follows:
 § 190.78 Identity theft in the [third] FIFTH degree.

 S. 2005--A                         12                         A. 3005--A

   A  person is guilty of identity theft in the [third] FIFTH degree when
 he or she knowingly and with intent to defraud assumes the  identity  of
 another person by presenting himself or herself as that other person, or
 by acting as that other person or by using personal identifying informa-
 tion of that other person, and thereby:
   1.  obtains  goods,  money, property or services or uses credit in the
 name of such other person or causes financial loss to such person or  to
 another person or persons; or
   2. commits a class A misdemeanor or higher level crime.
   Identity theft in the [third] FIFTH degree is a class A misdemeanor.
   §  2.  Section 190.79 of the penal law, as added by chapter 619 of the
 laws of 2002, subdivision 4 as amended by chapter 279  of  the  laws  of
 2008, is amended to read as follows:
 § 190.79 Identity theft in the [second] FOURTH degree.
   A person is guilty of [identify] IDENTITY theft in the [second] FOURTH
 degree when:
   1. he or she knowingly and with intent to defraud assumes the identity
 of another person by presenting himself or herself as that other person,
 or  by  acting  as  that  other  person or by using personal identifying
 information of that other person, and thereby:
   [1.] A. obtains goods, money, property or services or uses  credit  in
 the  name  of such other person in an aggregate amount that exceeds five
 hundred dollars; or
   [2.] B. causes financial loss to such person or to another  person  or
 persons in an aggregate amount that exceeds five hundred dollars; or
   [3.] C. commits or attempts to commit a felony or acts as an accessory
 to the commission of a felony; or
   [4.]  D.  commits  the  crime  of  identity theft in the [third] FIFTH
 degree as defined in section 190.78 of this article and has been  previ-
 ously  convicted  within  the  last [five years of identity theft in the
 third degree as defined in section 190.78, identity theft in the  second
 degree as defined in this section, identity theft in the first degree as
 defined  in  section 190.80, unlawful possession of personal identifica-
 tion information in the third  degree  as  defined  in  section  190.81,
 unlawful possession of personal identification information in the second
 degree  as  defined  in  section 190.82, unlawful possession of personal
 identification information in the first degree  as  defined  in  section
 190.83,  unlawful possession of a skimmer device in the second degree as
 defined in section 190.85, unlawful possession of a  skimmer  device  in
 the  first  degree  as  defined  in section 190.86, grand larceny in the
 fourth degree as defined in section 155.30, grand larceny in  the  third
 degree  as defined in section 155.35, grand larceny in the second degree
 as defined in section 155.40 or grand larceny in  the  first  degree  as
 defined in section 155.42 of this chapter] TEN YEARS, EXCLUDING ANY TIME
 DURING  WHICH  SUCH PERSON WAS INCARCERATED FOR ANY REASON, OF ANY CRIME
 IN THIS ARTICLE OR ARTICLE 170 OF THIS TITLE, OR OF ANY LARCENY CRIME AS
 DEFINED IN ARTICLE 155 OF THIS CHAPTER, OR OF ANY CRIMINAL POSSESSION OF
 STOLEN PROPERTY CRIME AS DEFINED IN ARTICLE 165 OF THIS CHAPTER; OR
   2. HE OR SHE KNOWINGLY AND WITH INTENT TO DEFRAUD ASSUMES THE IDENTITY
 OF THREE OR MORE PERSONS BY  PRESENTING  HIMSELF  OR  HERSELF  AS  THOSE
 PERSONS  OR  BY ACTING AS THOSE PERSONS OR BY USING PERSONAL IDENTIFYING
 INFORMATION OF ANY OF THOSE PERSONS AND THEREBY  OBTAINS  GOODS,  MONEY,
 PROPERTY  OR  SERVICES  OR  USES CREDIT IN THE NAME OF AT LEAST ONE SUCH
 PERSONS, OR CAUSES FINANCIAL LOSS TO AT LEAST  ONE  SUCH  PERSON  OR  TO
 ANOTHER PERSON OR PERSONS.
   Identity theft in the [second] FOURTH degree is a class E felony.

 S. 2005--A                         13                         A. 3005--A
 
   §  3.  Section 190.80 of the penal law, as added by chapter 619 of the
 laws of 2002, subdivision 4 as amended by chapter 279  of  the  laws  of
 2008, is amended to read as follows:
 § 190.80 Identity theft in the [first] THIRD degree.
   A person is guilty of identity theft in the [first] THIRD degree when:
 1.  he  or she knowingly and with intent to defraud assumes the identity
 of another person by presenting himself or herself as that other person,
 or by acting as that other  person  or  by  using  personal  identifying
 information of that other person, and thereby:
   [1.]  A.  obtains goods, money, property or services or uses credit in
 the name of such other person in an aggregate amount  that  exceeds  two
 thousand dollars; or
   [2.]  B.  causes financial loss to such person or to another person or
 persons in an aggregate amount that exceeds two thousand dollars; or
   [3.] C. commits or attempts to commit a class D felony or higher level
 crime or acts as an accessory in the commission of a class D  or  higher
 level felony; or
   [4.]  D.  commits  the  crime of identity theft in the [second] FOURTH
 degree as defined in section 190.79 of this article and has been  previ-
 ously  convicted  within  the  last [five years of identity theft in the
 third degree as defined in section 190.78, identity theft in the  second
 degree  as defined in section 190.79, identity theft in the first degree
 as defined in this section, unlawful possession of personal  identifica-
 tion  information  in  the  third  degree  as defined in section 190.81,
 unlawful possession of personal identification information in the second
 degree as defined in section 190.82,  unlawful  possession  of  personal
 identification  information  in  the  first degree as defined in section
 190.83, unlawful possession of a skimmer device in the second degree  as
 defined  in  section  190.85, unlawful possession of a skimmer device in
 the first degree as defined in section  190.86,  grand  larceny  in  the
 fourth  degree  as defined in section 155.30, grand larceny in the third
 degree as defined in section 155.35, grand larceny in the second  degree
 as  defined  in  section  155.40 or grand larceny in the first degree as
 defined in section 155.42 of this chapter] TEN YEARS, EXCLUDING ANY TIME
 DURING WHICH SUCH PERSON WAS INCARCERATED FOR ANY REASON, OF  ANY  CRIME
 IN THIS ARTICLE OR ARTICLE 170 OF THIS TITLE, OR OF ANY LARCENY CRIME AS
 DEFINED IN ARTICLE 155 OF THIS CHAPTER, OR OF ANY CRIMINAL POSSESSION OF
 STOLEN PROPERTY CRIME AS DEFINED IN ARTICLE 165 OF THIS CHAPTER; OR
   2.  ASSUMES  THE IDENTITY OF TEN OR MORE PERSONS BY PRESENTING HIMSELF
 OR HERSELF AS THOSE OTHER PERSONS, OR BY ACTING AS THOSE OTHER  PERSONS,
 OR BY USING PERSONAL IDENTIFYING INFORMATION OF THOSE OTHER PERSONS, AND
 THEREBY OBTAINS GOODS, MONEY, PROPERTY OR SERVICES OR USES CREDIT IN THE
 NAME  OF AT LEAST ONE SUCH PERSONS, OR CAUSES FINANCIAL LOSS TO AT LEAST
 ONE SUCH PERSON, OR TO ANOTHER PERSON OR PERSONS.
   Identity theft in the [first] THIRD degree is a class D felony.
   § 4. Sections 190.81 and 190.82 of the penal law are REPEALED and  two
 new sections 190.81 and 190.82 are added to read as follows:
 § 190.81 IDENTITY THEFT IN THE SECOND DEGREE.
   A PERSON IS GUILTY OF IDENTITY THEFT IN THE SECOND DEGREE WHEN:
   1. HE OR SHE KNOWINGLY AND WITH INTENT TO DEFRAUD ASSUMES THE IDENTITY
 OF ANOTHER PERSON BY PRESENTING HIMSELF OR HERSELF AS THAT OTHER PERSON,
 OR  BY  ACTING  AS  THAT  OTHER  PERSON OR BY USING PERSONAL IDENTIFYING
 INFORMATION OF THAT OTHER PERSON, AND THEREBY:
   A. OBTAINS GOODS, MONEY, PROPERTY OR SERVICES OR USES  CREDIT  IN  THE
 NAME  OF  SUCH  OTHER PERSON IN AN AGGREGATE AMOUNT THAT EXCEEDS TWENTY-
 FIVE THOUSAND DOLLARS; OR

 S. 2005--A                         14                         A. 3005--A
 
   B. CAUSES FINANCIAL LOSS TO  SUCH  PERSON  OR  TO  ANOTHER  PERSON  OR
 PERSONS  IN  AN  AGGREGATE  AMOUNT  THAT  EXCEEDS  TWENTY-FIVE  THOUSAND
 DOLLARS; OR
   C.  COMMITS  OR  ATTEMPTS  TO  COMMIT A CLASS C FELONY OR HIGHER LEVEL
 CRIME OR ACTS AS AN ACCESSORY IN THE COMMISSION OF A CLASS C  OR  HIGHER
 LEVEL FELONY; OR
   D.  COMMITS THE CRIME OF IDENTITY THEFT IN THE THIRD DEGREE AS DEFINED
 IN SECTION 190.80 OF THIS ARTICLE  AND  HAS  BEEN  PREVIOUSLY  CONVICTED
 WITHIN  THE  LAST TEN YEARS, EXCLUDING ANY TIME DURING WHICH SUCH PERSON
 WAS INCARCERATED FOR ANY REASON, OF ANY CRIME IN THIS ARTICLE OR ARTICLE
 170 OF THIS TITLE, OR OF ANY LARCENY CRIME AS DEFINED IN ARTICLE 155  OF
 THIS  CHAPTER, OR OF ANY CRIMINAL POSSESSION OF STOLEN PROPERTY CRIME AS
 DEFINED IN ARTICLE 165 OF THIS CHAPTER; OR
   2. ASSUMES THE IDENTITY OF TWENTY-FIVE OR MORE PERSONS  BY  PRESENTING
 HIMSELF  OR  HERSELF AS THOSE OTHER PERSONS, OR BY ACTING AS THOSE OTHER
 PERSONS, OR BY USING PERSONAL IDENTIFYING  INFORMATION  OF  THOSE  OTHER
 PERSONS,  AND THEREBY OBTAINS GOODS, MONEY, PROPERTY OR SERVICES OR USES
 CREDIT IN THE NAME OF AT LEAST ONE SUCH  PERSONS,  OR  CAUSES  FINANCIAL
 LOSS TO AT LEAST ONE SUCH PERSON, OR TO ANOTHER PERSON OR PERSONS.
   IDENTITY THEFT IN THE SECOND DEGREE IS A CLASS C FELONY.
 § 190.82 IDENTITY THEFT IN THE FIRST DEGREE.
   A PERSON IS GUILTY OF IDENTITY THEFT IN THE FIRST DEGREE WHEN:
   1. HE OR SHE KNOWINGLY AND WITH INTENT TO DEFRAUD ASSUMES THE IDENTITY
 OF ANOTHER PERSON BY PRESENTING HIMSELF OR HERSELF AS THAT OTHER PERSON,
 OR  BY  ACTING  AS  THAT  OTHER  PERSON OR BY USING PERSONAL IDENTIFYING
 INFORMATION OF THAT OTHER PERSON, AND THEREBY:
   A. OBTAINS GOODS, MONEY, PROPERTY OR SERVICES OR USES  CREDIT  IN  THE
 NAME  OF  SUCH  OTHER  PERSON  IN  AN AGGREGATE AMOUNT THAT EXCEEDS FIVE
 HUNDRED THOUSAND DOLLARS; OR
   B. CAUSES FINANCIAL LOSS TO  SUCH  PERSON  OR  TO  ANOTHER  PERSON  OR
 PERSONS  IN  AN  AGGREGATE  AMOUNT  THAT  EXCEEDS  FIVE HUNDRED THOUSAND
 DOLLARS; OR
   C. COMMITS OR ATTEMPTS TO COMMIT A CLASS  B  FELONY  OR  HIGHER  LEVEL
 CRIME  OR  ACTS AS AN ACCESSORY IN THE COMMISSION OF A CLASS B OR HIGHER
 LEVEL FELONY; OR
   D. COMMITS THE CRIME OF IDENTITY THEFT IN THE SECOND DEGREE AS DEFINED
 IN SECTION 190.81 OF THIS ARTICLE  AND  HAS  BEEN  PREVIOUSLY  CONVICTED
 WITHIN  THE  LAST TEN YEARS, EXCLUDING ANY TIME DURING WHICH SUCH PERSON
 WAS INCARCERATED FOR ANY REASON, OF ANY CRIME IN THIS ARTICLE OR ARTICLE
 170 OF THIS TITLE, OR OF ANY LARCENY CRIME AS DEFINED IN ARTICLE 155  OF
 THIS  CHAPTER, OR OF ANY CRIMINAL POSSESSION OF STOLEN PROPERTY CRIME AS
 DEFINED IN ARTICLE 165 OF THIS CHAPTER; OR
   2. ASSUMES THE IDENTITY OF ONE HUNDRED OR MORE PERSONS  BY  PRESENTING
 HIMSELF  OR  HERSELF AS THOSE OTHER PERSONS, OR BY ACTING AS THOSE OTHER
 PERSONS, OR BY USING PERSONAL IDENTIFYING  INFORMATION  OF  THOSE  OTHER
 PERSONS,  AND THEREBY OBTAINS GOODS, MONEY, PROPERTY OR SERVICES OR USES
 CREDIT IN THE NAME OF AT LEAST ONE SUCH  PERSONS,  OR  CAUSES  FINANCIAL
 LOSS TO AT LEAST ONE SUCH PERSON, OR TO ANOTHER PERSON OR PERSONS.
   IDENTITY THEFT IN THE FIRST DEGREE IS A CLASS B FELONY.
   § 5. Section 190.80-a of the penal law, as added by chapter 226 of the
 laws of 2008, is amended to read as follows:
 § 190.80-a Aggravated identity theft IN THE FIRST DEGREE.
   A  person  is  guilty of aggravated identity theft IN THE FIRST DEGREE
 when he or she knowingly and with intent to defraud assumes the identity
 of another person by presenting himself or herself as that other person,
 or by acting as that other  person  or  by  using  personal  identifying

 S. 2005--A                         15                         A. 3005--A
 
 information of that other person, and knows that such person is a member
 of  the  armed  forces, and knows that such member is presently deployed
 outside of the continental United States; OR KNOWS THAT SUCH PERSON IS A
 VULNERABLE  ELDERLY  PERSON  AS  DEFINED IN SUBDIVISION THREE OF SECTION
 260.31 OF THIS PART; OR KNOWS THAT SUCH  PERSON  IS  AN  INCOMPETENT  OR
 PHYSICALLY  DISABLED  PERSON  AS  DEFINED IN SUBDIVISION FOUR OF SECTION
 260.31 OF THIS PART; and:
   1. thereby obtains goods, money, property or services or  uses  credit
 in the name of such [member of the armed forces] INDIVIDUAL in an aggre-
 gate amount that exceeds five hundred dollars; or
   2.  thereby causes financial loss to such [member of the armed forces]
 INDIVIDUAL in an aggregate amount that exceeds five hundred dollars.
   Aggravated identity theft IN THE FIRST DEGREE is a class D felony.
   § 6. Paragraph (c) of subdivision 5 of section  156.00  of  the  penal
 law,  as  amended by chapter 558 of the laws of 2006, is amended to read
 as follows:
   (c) is not and is not intended to be available to  anyone  other  than
 the  person  or  persons  rightfully  in  possession thereof or selected
 persons having access thereto with his, her or their consent  and  which
 [accords  or  may  accord  such  rightful  possessors  an advantage over
 competitors or other persons who do not have knowledge  or  the  benefit
 thereof]  PERSONS OTHER THAN THOSE RIGHTLY IN POSSESSION, KNOW OR SHOULD
 KNOW THAT SAID MATERIAL IS NOT INTENDED TO BE AVAILABLE TO THEM.
   § 7. Subdivision 8 of section 156.00 of the penal  law,  as  added  by
 chapter 558 of the laws of 2006, is amended to read as follows:
   8.  "Without  authorization"  means  to  use  or to access a computer,
 computer service or computer network without the permission of the owner
 or lessor or someone licensed or privileged by the owner or lessor where
 such person knew that his or her use or access was without permission or
 after actual notice to such person that such use or access  was  without
 permission.  It  shall  also  mean the access of a computer service by a
 person without permission where such person knew that  such  access  was
 without  permission  or  after  actual  notice to such person, that such
 access was without permission.   FOR PURPOSES  OF  CRIMINAL  PROSECUTION
 UNDER  THIS  ARTICLE,  "WITHOUT AUTHORIZATION" SHALL ALSO INCLUDE USE OR
 ACCESS EXCEEDING THE SCOPE OF AUTHORIZATION. A PERSON EXCEEDS THE  SCOPE
 OF  AUTHORIZATION  TO  USE  OR  ACCESS  A  COMPUTER, COMPUTER SERVICE OR
 COMPUTER NETWORK WHEN  SUCH  PERSON  USES  OR  ACCESSES  SUCH  COMPUTER,
 COMPUTER  SERVICE OR COMPUTER NETWORK FOR PURPOSES OTHER THAN LEGITIMATE
 PURPOSES FOR WHICH SUCH PERSON HAS PERMISSION TO  USE  AND  ACCESS  SUCH
 COMPUTER, COMPUTER SERVICE OR COMPUTER NETWORK.
   § 8. Section 156.20 of the penal law, as amended by chapter 558 of the
 laws of 2006, is amended to read as follows:
 § 156.20 Computer tampering in the [fourth] FIFTH degree.
   A  person is guilty of computer tampering in the [fourth] FIFTH degree
 when he or she uses, causes to be used, or accesses a computer, computer
 service, or computer network without authorization and he or she  inten-
 tionally  alters  in  any manner or destroys computer data or a computer
 program of another person.
   Computer tampering in the [fourth] FIFTH degree is a class A misdemea-
 nor.
   § 9. Section 156.25 of the penal law, as amended by chapter 89 of  the
 laws  of  1993,  subdivision  2 as amended by chapter 376 of the laws of
 1997, is amended to read as follows:
 § 156.25 Computer tampering in the [third] FOURTH degree.

 S. 2005--A                         16                         A. 3005--A
 
   A person is guilty of computer tampering in the [third] FOURTH  degree
 when  he  OR SHE commits the crime of computer tampering in the [fourth]
 FIFTH degree and:
   1.  he OR SHE does so with an intent to commit or attempt to commit or
 further the commission of any felony; or
   2. he OR SHE has been previously convicted of  any  crime  under  this
 article or subdivision eleven of section 165.15 of this chapter; or
   3.  he  OR SHE intentionally alters in any manner or destroys computer
 material; or
   4. he OR SHE intentionally alters in any manner or  destroys  computer
 data or a computer program so as to cause damages in an aggregate amount
 exceeding one thousand dollars.
   Computer tampering in the [third] FOURTH degree is a class E felony.
   §  10.  Section  156.26 of the penal law, as amended by chapter 590 of
 the laws of 2008, is amended to read as follows:
 § 156.26 Computer tampering in the [second] THIRD degree.
   A person is guilty of computer tampering in the [second] THIRD  degree
 when  he  or she commits the crime of computer tampering in the [fourth]
 FIFTH degree and he  or  she  intentionally  alters  in  any  manner  or
 destroys:
   1.  computer  data  or a computer program so as to cause damages in an
 aggregate amount exceeding three thousand dollars; or
   2. computer material that contains records of the medical  history  or
 medical treatment of an identified or readily identifiable individual or
 individuals  and  as  a  result  of such alteration or destruction, such
 individual or individuals suffer serious physical injury, and he or  she
 is  aware  of and consciously disregards a substantial and unjustifiable
 risk that such serious physical injury may occur.
   Computer tampering in the [second] THIRD degree is a class D felony.
   § 11. Section 156.27 of the penal law, as added by chapter 89  of  the
 laws of 1993, is amended to read as follows:
 § 156.27 Computer tampering in the [first] SECOND degree.
   A  person is guilty of computer tampering in the [first] SECOND degree
 when he commits the crime of computer tampering in  the  [fourth]  FIFTH
 degree  and  he  intentionally alters in any manner or destroys computer
 data or a computer program so as to cause damages in an aggregate amount
 exceeding fifty thousand dollars.
   Computer tampering in the [first] SECOND degree is a class C felony.
   § 12. The penal law is amended by adding a new section 156.28 to  read
 as follows:
 § 156.28 COMPUTER TAMPERING IN THE FIRST DEGREE.
   A  PERSON  IS GUILTY OF COMPUTER TAMPERING IN THE FIRST DEGREE WHEN HE
 OR SHE COMMITS THE CRIME OF COMPUTER TAMPERING IN THE FIFTH  DEGREE  AND
 HE  OR  SHE INTENTIONALLY ALTERS IN ANY MANNER OR DESTROYS COMPUTER DATA
 OR A COMPUTER PROGRAM AND THEREBY CAUSES DAMAGES IN AN AGGREGATE  AMOUNT
 OF ONE MILLION DOLLARS OR MORE.
   COMPUTER TAMPERING IN THE FIRST DEGREE IS A CLASS B FELONY.
   §  13.  This  act  shall  take  effect  on  the first of November next
 succeeding the date on which it  shall  have  become  a  law;  provided,
 however,  that section eleven of this act shall take effect on the nine-
 tieth day after it shall have become a law.
 
                                  PART D
 
   Section 1. Section 60.45 of the criminal procedure law is  amended  by
 adding a new subdivision 3 to read as follows:

 S. 2005--A                         17                         A. 3005--A

   3.  (A)  WHERE  A  PERSON  IS  SUBJECT TO CUSTODIAL INTERROGATION BY A
 PUBLIC SERVANT AT A DETENTION FACILITY, THE  ENTIRE  CUSTODIAL  INTERRO-
 GATION, INCLUDING THE GIVING OF ANY REQUIRED ADVICE OF THE RIGHTS OF THE
 INDIVIDUAL  BEING  QUESTIONED, AND THE WAIVER OF ANY RIGHTS BY THE INDI-
 VIDUAL,  SHALL  BE  RECORDED BY AN APPROPRIATE VIDEO RECORDING DEVICE IF
 THE INTERROGATION INVOLVES A CLASS A-1 FELONY,  EXCEPT  ONE  DEFINED  IN
 ARTICLE  TWO HUNDRED TWENTY OF THE PENAL LAW; FELONY OFFENSES DEFINED IN
 SECTION 130.95 AND 130.96 OF THE PENAL LAW; OR A FELONY OFFENSE  DEFINED
 IN  ARTICLE  ONE  HUNDRED  TWENTY-FIVE OR ONE HUNDRED THIRTY OF SUCH LAW
 THAT IS DEFINED AS A CLASS B VIOLENT FELONY OFFENSE IN SECTION 70.02  OF
 THE  PENAL  LAW.  FOR  PURPOSES  OF  THIS PARAGRAPH, THE TERM "DETENTION
 FACILITY" SHALL MEAN A POLICE STATION,  CORRECTIONAL  FACILITY,  HOLDING
 FACILITY  FOR  PRISONERS,  PROSECUTOR'S  OFFICE  OR OTHER FACILITY WHERE
 PERSONS ARE HELD IN DETENTION IN CONNECTION WITH CRIMINAL  CHARGES  THAT
 HAVE BEEN OR MAY BE FILED AGAINST THEM.
   (B)  NO CONFESSION, ADMISSION OR OTHER STATEMENT SHALL BE SUBJECT TO A
 MOTION TO SUPPRESS PURSUANT TO SUBDIVISION THREE OF  SECTION  710.20  OF
 THIS CHAPTER BASED SOLELY UPON THE FAILURE TO VIDEO RECORD SUCH INTERRO-
 GATION  IN  A  DETENTION  FACILITY  AS  DEFINED IN PARAGRAPH (A) OF THIS
 SUBDIVISION. HOWEVER, WHERE THE PEOPLE OFFER INTO EVIDENCE A CONFESSION,
 ADMISSION OR OTHER STATEMENT MADE BY A PERSON IN CUSTODY WITH RESPECT TO
 HIS OR HER PARTICIPATION OR LACK OF PARTICIPATION IN AN  OFFENSE  SPECI-
 FIED  IN  PARAGRAPH  (A)  OF  THIS  SUBDIVISION, THAT HAS NOT BEEN VIDEO
 RECORDED, THE COURT SHALL CONSIDER THE FAILURE TO RECORD  AS  A  FACTOR,
 BUT  NOT  AS  THE  SOLE FACTOR, IN ACCORDANCE WITH PARAGRAPH (C) OF THIS
 SUBDIVISION IN DETERMINING WHETHER SUCH CONFESSION, ADMISSION  OR  OTHER
 STATEMENT SHALL BE ADMISSIBLE.
   (C)  NOTWITHSTANDING THE REQUIREMENT OF PARAGRAPH (A) OF THIS SUBDIVI-
 SION, UPON A SHOWING OF GOOD CAUSE  BY  THE  PROSECUTOR,  THE  CUSTODIAL
 INTERROGATION NEED NOT BE RECORDED. GOOD CAUSE SHALL INCLUDE, BUT NOT BE
 LIMITED TO:
   (I) IF ELECTRONIC RECORDING EQUIPMENT MALFUNCTIONS.
   (II) IF ELECTRONIC RECORDING EQUIPMENT IS NOT AVAILABLE BECAUSE IT WAS
 OTHERWISE BEING USED.
   (III)  IF  STATEMENTS  ARE  MADE  IN  RESPONSE  TO  QUESTIONS THAT ARE
 ROUTINELY ASKED DURING ARREST PROCESSING.
   (IV) IF THE STATEMENT IS SPONTANEOUSLY MADE BY THE SUSPECT AND NOT  IN
 RESPONSE TO POLICE QUESTIONING.
   (V) IF THE STATEMENT IS MADE DURING AN INTERROGATION THAT IS CONDUCTED
 WHEN THE INTERVIEWER IS UNAWARE THAT A QUALIFYING OFFENSE HAS OCCURRED.
   (VI)  IF THE STATEMENT IS MADE AT A LOCATION OTHER THAN THE "INTERVIEW
 ROOM" BECAUSE THE SUSPECT CANNOT BE BROUGHT  TO  SUCH  ROOM,  E.G.,  THE
 SUSPECT  IS  IN A HOSPITAL OR THE SUSPECT IS OUT OF STATE AND THAT STATE
 IS NOT GOVERNED BY A LAW REQUIRING THE RECORDATION OF AN INTERROGATION.
   (VII) IF THE STATEMENT IS MADE AFTER A SUSPECT HAS REFUSED TO  PARTIC-
 IPATE  IN THE INTERROGATION IF IT IS RECORDED, AND APPROPRIATE EFFORT TO
 DOCUMENT SUCH REFUSAL IS MADE.
   (VIII) IF SUCH STATEMENT IS NOT RECORDED AS A RESULT OF AN INADVERTENT
 ERROR OR OVERSIGHT, NOT THE RESULT OF ANY  INTENTIONAL  CONDUCT  BY  LAW
 ENFORCEMENT PERSONNEL.
   (IX)  IF IT IS LAW ENFORCEMENT'S REASONABLE BELIEF THAT SUCH RECORDING
 WOULD JEOPARDIZE THE SAFETY OF ANY PERSON OR REVEAL THE  IDENTITY  OF  A
 CONFIDENTIAL INFORMANT.
   (X)  IF SUCH STATEMENT IS MADE AT A LOCATION NOT EQUIPPED WITH A VIDEO
 RECORDING DEVICE AND THE REASON  FOR  USING  THAT  LOCATION  IS  NOT  TO
 SUBVERT  THE  INTENT  OF THE LAW. FOR PURPOSES OF THIS SECTION, THE TERM

 S. 2005--A                         18                         A. 3005--A
 
 "LOCATION" SHALL INCLUDE THOSE LOCATIONS SPECIFIED IN PARAGRAPH  (B)  OF
 SUBDIVISION FOUR OF SECTION 305.2 OF THE FAMILY COURT ACT.
   (D)  IN  THE EVENT THE COURT FINDS THAT THE PEOPLE HAVE NOT SHOWN GOOD
 CAUSE FOR THE NON-RECORDING  OF  THE  CONFESSION,  ADMISSION,  OR  OTHER
 STATEMENT,  BUT  DETERMINES THAT A NON-RECORDED CONFESSION, ADMISSION OR
 OTHER STATEMENT IS NEVERTHELESS ADMISSIBLE BECAUSE  IT  WAS  VOLUNTARILY
 MADE  THEN,  UPON  REQUEST OF THE DEFENDANT, THE COURT MUST INSTRUCT THE
 JURY THAT THE PEOPLE'S FAILURE TO  RECORD  THE  DEFENDANT'S  CONFESSION,
 ADMISSION  OR OTHER STATEMENT AS REQUIRED BY THIS SECTION MAY BE WEIGHED
 AS A FACTOR, BUT NOT AS THE SOLE FACTOR,  IN  DETERMINING  WHETHER  SUCH
 CONFESSION,  ADMISSION  OR  OTHER STATEMENT WAS VOLUNTARILY MADE, OR WAS
 MADE AT ALL.
   (E) VIDEO RECORDING AS REQUIRED BY THIS SECTION SHALL BE CONDUCTED  IN
 ACCORDANCE  WITH STANDARDS ESTABLISHED BY RULE OF THE DIVISION OF CRIMI-
 NAL JUSTICE SERVICES.
   § 2. Subdivision 3 of section 344.2 of the family court act is  renum-
 bered subdivision 4 and a new subdivision 3 is added to read as follows:
   3.  WHERE  A  RESPONDENT  IS  SUBJECT  TO CUSTODIAL INTERROGATION BY A
 PUBLIC SERVANT AT A FACILITY SPECIFIED IN SUBDIVISION  FOUR  OF  SECTION
 305.2 OF THIS ARTICLE, THE ENTIRE CUSTODIAL INTERROGATION, INCLUDING THE
 GIVING  OF  ANY  REQUIRED  ADVICE  OF THE RIGHTS OF THE INDIVIDUAL BEING
 QUESTIONED, AND THE WAIVER OF ANY RIGHTS BY  THE  INDIVIDUAL,  SHALL  BE
 RECORDED  AND  GOVERNED  IN ACCORDANCE WITH THE PROVISIONS OF PARAGRAPHS
 (A), (B), (C), (D) AND (E) OF SUBDIVISION THREE OF SECTION 60.45 OF  THE
 CRIMINAL PROCEDURE LAW.
   § 3. Section 60.25 of the criminal procedure law, subparagraph (ii) of
 paragraph  (a) of subdivision 1 as amended by chapter 479 of the laws of
 1977, is amended to read as follows:
 § 60.25 Rules of evidence; identification by means of previous  recogni-
           tion, in absence of present identification.
   1.  In  any criminal proceeding in which the defendant's commission of
 an offense is in issue, testimony as provided in subdivision two may  be
 given by a witness when:
   (a) Such witness testifies that:
   (i)  He  OR  SHE  observed  the person claimed by the people to be the
 defendant either at the time and place of the commission of the  offense
 or upon some other occasion relevant to the case; and
   (ii)  On a subsequent occasion he OR SHE observed, under circumstances
 consistent with such rights as an accused person may  derive  under  the
 constitution  of  this state or of the United States, a person OR, WHERE
 THE OBSERVATION IS MADE PURSUANT TO A  BLIND  OR  BLINDED  PROCEDURE  AS
 DEFINED IN PARAGRAPH (C) OF THIS SUBDIVISION, A PICTORIAL, PHOTOGRAPHIC,
 ELECTRONIC, FILMED OR VIDEO RECORDED REPRODUCTION OF A PERSON whom he OR
 SHE  recognized  as  the  same person whom he OR SHE had observed on the
 first or incriminating occasion; and
   (iii) He OR SHE is unable at the proceeding to state, on the basis  of
 present  recollection,  whether  or  not  the defendant is the person in
 question; and
   (b) It is established that the defendant is in fact  the  person  whom
 the  witness  observed  and recognized OR WHOSE PICTORIAL, PHOTOGRAPHIC,
 ELECTRONIC, FILMED OR VIDEO RECORDED REPRODUCTION THE  WITNESS  OBSERVED
 AND  RECOGNIZED on the second occasion.  Such fact may be established by
 testimony of another person or persons  to  whom  the  witness  promptly
 declared  his OR HER recognition on such occasion AND BY SUCH PICTORIAL,
 PHOTOGRAPHIC, ELECTRONIC, FILMED OR VIDEO RECORDED REPRODUCTION.

 S. 2005--A                         19                         A. 3005--A
 
   (C) FOR PURPOSES OF THIS SECTION, A "BLIND OR  BLINDED  PROCEDURE"  IS
 ONE  IN  WHICH THE WITNESS IDENTIFIES A PERSON IN AN ARRAY OF PICTORIAL,
 PHOTOGRAPHIC, ELECTRONIC, FILMED OR VIDEO RECORDED  REPRODUCTIONS  UNDER
 CIRCUMSTANCES  WHERE, AT THE TIME THE IDENTIFICATION IS MADE, THE PUBLIC
 SERVANT  ADMINISTERING SUCH PROCEDURE: (I) DOES NOT KNOW WHICH PERSON IN
 THE ARRAY IS THE SUSPECT, OR (II) DOES NOT KNOW WHERE THE SUSPECT IS  IN
 THE  ARRAY  VIEWED  BY  THE  WITNESS. THE FAILURE OF A PUBLIC SERVANT TO
 FOLLOW SUCH A PROCEDURE SHALL BE ASSESSED SOLELY FOR  PURPOSES  OF  THIS
 ARTICLE  AND  SHALL  RESULT IN THE PRECLUSION OF TESTIMONY REGARDING THE
 IDENTIFICATION PROCEDURE AS EVIDENCE IN CHIEF, BUT SHALL NOT  CONSTITUTE
 A  LEGAL  BASIS TO SUPPRESS EVIDENCE MADE PURSUANT TO SUBDIVISION SIX OF
 SECTION 710.20 OF THIS CHAPTER. THIS ARTICLE NEITHER LIMITS NOR  EXPANDS
 SUBDIVISION SIX OF SECTION 710.20 OF THIS CHAPTER.
   2.  Under circumstances prescribed in subdivision one OF THIS SECTION,
 such witness may testify at the criminal proceeding that the person whom
 he OR SHE observed and  recognized  OR  WHOSE  PICTORIAL,  PHOTOGRAPHIC,
 ELECTRONIC, FILMED OR VIDEO RECORDED REPRODUCTION HE OR SHE OBSERVED AND
 RECOGNIZED  on  the  second  occasion  is the same person whom he OR SHE
 observed on the  first  or  incriminating  occasion.    Such  testimony,
 together with the evidence that the defendant is in fact the person whom
 the  witness  observed  and recognized OR WHOSE PICTORIAL, PHOTOGRAPHIC,
 ELECTRONIC, FILMED OR VIDEO RECORDED REPRODUCTION HE OR SHE OBSERVED AND
 RECOGNIZED on the second occasion, constitutes evidence in chief.
   § 4. Section 60.30 of the criminal procedure law, as amended by  chap-
 ter 479 of the laws of 1977, is amended to read as follows:
 § 60.30 Rules  of evidence; identification by means of previous recogni-
           tion, in addition to present identification.
   In any criminal proceeding in which the defendant's commission  of  an
 offense is in issue, a witness who testifies that (a) he OR SHE observed
 the  person claimed by the people to be the defendant either at the time
 and place of the commission of the offense or upon some  other  occasion
 relevant  to the case, and (b) on the basis of present recollection, the
 defendant is the person in question and (c) on a subsequent occasion  he
 OR SHE observed the defendant, OR WHERE THE OBSERVATION IS MADE PURSUANT
 TO A BLIND OR BLINDED PROCEDURE, AS DEFINED IN PARAGRAPH (C) OF SUBDIVI-
 SION  ONE  OF  SECTION 60.25 OF THIS ARTICLE, A PICTORIAL, PHOTOGRAPHIC,
 ELECTRONIC, FILMED OR VIDEO  RECORDED  REPRODUCTION  OF  THE  DEFENDANT,
 under circumstances consistent with such rights as an accused person may
 derive under the constitution of this state or of the United States, and
 then  also  recognized  him OR HER OR THE PICTORIAL, PHOTOGRAPHIC, ELEC-
 TRONIC, FILMED OR VIDEO RECORDED REPRODUCTION OF HIM OR HER as the  same
 person  whom  he OR SHE had observed on the first or incriminating occa-
 sion, may, in addition to making an identification of the  defendant  at
 the  criminal  proceeding  on  the  basis of present recollection as the
 person whom he OR SHE observed on the first or  incriminating  occasion,
 also  describe  his  OR  HER  previous  recognition of the defendant and
 testify that the person whom he OR  SHE  observed  OR  WHOSE  PICTORIAL,
 PHOTOGRAPHIC,  ELECTRONIC,  FILMED  OR VIDEO RECORDED REPRODUCTION HE OR
 SHE OBSERVED on such second occasion is the same person whom he  OR  SHE
 had observed on the first or incriminating occasion.  Such testimony AND
 SUCH  PICTORIAL,  PHOTOGRAPHIC,  ELECTRONIC,  FILMED  OR  VIDEO RECORDED
 REPRODUCTION constitutes evidence in chief.
   § 5. Subdivision 6 of section 710.20 of the criminal procedure law, as
 amended by chapter 8 of the laws of 1976 and as  renumbered  by  chapter
 481 of the laws of 1983, is amended to read as follows:

 S. 2005--A                         20                         A. 3005--A
 
   6.    Consists  of potential testimony regarding an observation of the
 defendant either at the time or place of the commission of  the  offense
 or upon some other occasion relevant to the case, which potential testi-
 mony  would  not be admissible upon the prospective trial of such charge
 owing  to an improperly made previous identification of the defendant OR
 OF A PICTORIAL,  PHOTOGRAPHIC,  ELECTRONIC,  FILMED  OR  VIDEO  RECORDED
 REPRODUCTION  OF THE DEFENDANT by the prospective witness.  A CLAIM THAT
 THE PREVIOUS IDENTIFICATION OF THE DEFENDANT OR OF A  PICTORIAL,  PHOTO-
 GRAPHIC,  ELECTRONIC,  FILMED  OR  VIDEO  RECORDED  REPRODUCTION  OF THE
 DEFENDANT BY A PROSPECTIVE WITNESS DID NOT COMPLY WITH PARAGRAPH (C)  OF
 SUBDIVISION  ONE  OF  SECTION 60.25 OF THIS CHAPTER OR WITH THE PROTOCOL
 PROMULGATED IN ACCORDANCE WITH SUBDIVISION TWENTY-ONE OF  SECTION  EIGHT
 HUNDRED  THIRTY-SEVEN  OF THE EXECUTIVE LAW SHALL NOT CONSTITUTE A LEGAL
 BASIS TO SUPPRESS EVIDENCE PURSUANT TO THIS SUBDIVISION. A CLAIM THAT  A
 PUBLIC SERVANT FAILED TO COMPLY WITH PARAGRAPH (C) OF SUBDIVISION ONE OF
 SECTION  60.25  OF  THIS CHAPTER OR OF SUBDIVISION TWENTY-ONE OF SECTION
 EIGHT HUNDRED THIRTY-SEVEN OF THE EXECUTIVE LAW SHALL NEITHER EXPAND NOR
 LIMIT THE RIGHTS AN ACCUSED PERSON MAY DERIVE UNDER THE CONSTITUTION  OF
 THIS STATE OR OF THE UNITED STATES.
   § 6. Subdivision 1 of section 710.30 of the criminal procedure law, as
 separately amended by chapters 8 and 194 of the laws of 1976, is amended
 to read as follows:
   1.  Whenever  the  people intend to offer at a trial (a) evidence of a
 statement made by a defendant to a public servant,  which  statement  if
 involuntarily  made  would render the evidence thereof suppressible upon
 motion pursuant to subdivision three of section 710.20, or (b) testimony
 regarding an observation of the defendant either at the time or place of
 the commission of the offense or upon some other  occasion  relevant  to
 the  case, to be given by a witness who has previously identified him OR
 HER OR A PICTORIAL, PHOTOGRAPHIC, ELECTRONIC, FILMED OR  VIDEO  RECORDED
 REPRODUCTION OF HIM OR HER as such, they must serve upon the defendant a
 notice  of  such  intention,  specifying  the  evidence  intended  to be
 offered.
   § 7. Section 343.3 of the family court act, as added by chapter 920 of
 the laws of 1982, is amended to read as follows:
   § 343.3. Rules of evidence; identification by means of previous recog-
 nition in absence of present identification. 1. In any  juvenile  delin-
 quency  proceeding in which the respondent's commission of a crime is in
 issue, testimony as provided in  subdivision  two  may  be  given  by  a
 witness when:
   (a) such witness testifies that:
   (i) he OR SHE observed the person claimed by the presentment agency to
 be  the respondent either at the time and place of the commission of the
 crime or upon some other occasion relevant to the case; and
   (ii) on a subsequent occasion he OR SHE observed, under  circumstances
 consistent  with  such  rights as an accused person may derive under the
 constitution of this state or of the United States, a person, OR,  WHERE
 THE  OBSERVATION  IS  MADE  PURSUANT  TO A BLIND OR BLINDED PROCEDURE AS
 DEFINED HEREIN, A PICTORIAL, PHOTOGRAPHIC, ELECTRONIC, FILMED  OR  VIDEO
 RECORDED  REPRODUCTION OF A PERSON whom he OR SHE recognized as the same
 person whom he OR SHE had observed on the first incriminating  occasion;
 and
   (iii)  he OR SHE is unable at the proceeding to state, on the basis of
 present recollection, whether or not the respondent  is  the  person  in
 question; and

 S. 2005--A                         21                         A. 3005--A
 
   (b)  it  is established that the respondent is in fact the person whom
 the witness observed and recognized OR  WHOSE  PICTORIAL,  PHOTOGRAPHIC,
 ELECTRONIC,  FILMED  OR VIDEO RECORDED REPRODUCTION THE WITNESS OBSERVED
 AND RECOGNIZED on the second occasion. Such fact may be  established  by
 testimony  of  another  person  or  persons to whom the witness promptly
 declared his OR HER recognition on such occasion AND BY SUCH  PICTORIAL,
 PHOTOGRAPHIC, ELECTRONIC, FILMED OR VIDEO RECORDED REPRODUCTION.
   (C)  FOR  PURPOSES  OF THIS SECTION, A "BLIND OR BLINDED PROCEDURE" IS
 ONE IN WHICH THE WITNESS IDENTIFIES A PERSON IN AN ARRAY  OF  PICTORIAL,
 PHOTOGRAPHIC,  ELECTRONIC,  FILMED OR VIDEO RECORDED REPRODUCTIONS UNDER
 CIRCUMSTANCES WHERE, AT THE TIME THE IDENTIFICATION IS MADE, THE  PUBLIC
 SERVANT  ADMINISTERING SUCH PROCEDURE: (I) DOES NOT KNOW WHICH PERSON IN
 THE ARRAY IS THE SUSPECT, OR (II) DOES NOT KNOW WHERE THE SUSPECT IS  IN
 THE  ARRAY  VIEWED  BY  THE  WITNESS. THE FAILURE OF A PUBLIC SERVANT TO
 FOLLOW SUCH A PROCEDURE SHALL BE ASSESSED SOLELY FOR  PURPOSES  OF  THIS
 ARTICLE  AND  SHALL  RESULT IN THE PRECLUSION OF TESTIMONY REGARDING THE
 IDENTIFICATION PROCEDURE AS EVIDENCE IN CHIEF, BUT SHALL NOT  CONSTITUTE
 A  LEGAL  BASIS TO SUPPRESS EVIDENCE MADE PURSUANT TO SUBDIVISION SIX OF
 SECTION 710.20 OF THE  CRIMINAL  PROCEDURE  LAW.  THIS  ARTICLE  NEITHER
 LIMITS  NOT  EXPANDS  SUBDIVISION  SIX OF SECTION 710.20 OF THE CRIMINAL
 PROCEDURE LAW.
   2. Under circumstances prescribed in subdivision one, such witness may
 testify at the proceeding that the person whom he OR  SHE  observed  and
 recognized OR WHOSE PICTORIAL, PHOTOGRAPHIC, ELECTRONIC, FILMED OR VIDEO
 RECORDED  REPRODUCTION  HE  OR SHE OBSERVED AND RECOGNIZED on the second
 occasion is the same person whom he OR SHE  observed  on  the  first  or
 incriminating  occasion. Such testimony, together with the evidence that
 the respondent is in fact the  person  whom  the  witness  observed  and
 recognized OR WHOSE PICTORIAL, PHOTOGRAPHIC, ELECTRONIC, FILMED OR VIDEO
 RECORDED  REPRODUCTION  HE  OR SHE OBSERVED AND RECOGNIZED on the second
 occasion, constitutes evidence in chief.
   § 8. Section 343.4 of the family court act, as added by chapter 920 of
 the laws of 1982, is amended to read as follows:
   § 343.4. Rules of evidence; identification by means of previous recog-
 nition, in addition to present identification. In  any  juvenile  delin-
 quency  proceeding in which the respondent's commission of a crime is in
 issue, a witness who testifies that: (a) he OR SHE observed  the  person
 claimed  by  the  presentment  agency to be the respondent either at the
 time and place of the commission of the crime or upon some  other  occa-
 sion relevant to the case, and (b) on the basis of present recollection,
 the  respondent is the person in question, and (c) on a subsequent occa-
 sion he OR SHE observed the respondent, OR,  WHERE  THE  OBSERVATION  IS
 MADE  PURSUANT TO A BLIND OR BLINDED PROCEDURE, A PICTORIAL, PHOTOGRAPH-
 IC, ELECTRONIC, FILMED OR VIDEO RECORDED REPRODUCTION OF THE  RESPONDENT
 under circumstances consistent with such rights as an accused person may
 derive under the constitution of this state or of the United States, and
 then  also  recognized  him OR HER OR THE PICTORIAL, PHOTOGRAPHIC, ELEC-
 TRONIC, FILMED OR VIDEO RECORDED REPRODUCTION OF HIM OR HER as the  same
 person  whom  he OR SHE had observed on the first or incriminating occa-
 sion, may, in addition to making an identification of the respondent  at
 the  delinquency  proceeding on the basis of present recollection as the
 person whom he OR SHE observed on the first or  incriminating  occasion,
 also  describe  his  OR  HER  previous recognition of the respondent and
 testify that the person whom he OR  SHE  observed  OR  WHOSE  PICTORIAL,
 PHOTOGRAPHIC,  ELECTRONIC,  FILMED  OR VIDEO RECORDED REPRODUCTION HE OR
 SHE OBSERVED on such second occasion is the same person whom he  OR  SHE

 S. 2005--A                         22                         A. 3005--A
 
 had  observed on the first or incriminating occasion. Such testimony AND
 SUCH PICTORIAL,  PHOTOGRAPHIC,  ELECTRONIC,  FILMED  OR  VIDEO  RECORDED
 REPRODUCTION  constitutes  evidence  in  chief.  FOR  PURPOSES  OF  THIS
 SECTION, A "BLIND OR BLINDED PROCEDURE" SHALL BE AS DEFINED IN PARAGRAPH
 (C) OF SUBDIVISION ONE OF SECTION 343.3 OF THIS PART.
   §  9.  Section  837  of  the  executive law is amended by adding a new
 subdivision 21 to read as follows:
   21. PROMULGATE A STANDARDIZED AND DETAILED WRITTEN  PROTOCOL  THAT  IS
 GROUNDED  IN  EVIDENCE-BASED PRINCIPLES FOR THE ADMINISTRATION OF PHOTO-
 GRAPHIC ARRAY AND LIVE LINEUP IDENTIFICATION PROCEDURES FOR POLICE AGEN-
 CIES AND STANDARDIZED FORMS FOR USE BY SUCH AGENCIES  IN  THE  REPORTING
 AND  RECORDING  OF  SUCH  IDENTIFICATION  PROCEDURE.  THE PROTOCOL SHALL
 ADDRESS THE FOLLOWING TOPICS:
   (A) THE SELECTION OF PHOTOGRAPHIC ARRAY AND LIVE LINEUP FILLER  PHOTO-
 GRAPHS OR PARTICIPANTS;
   (B)  INSTRUCTIONS  GIVEN TO A WITNESS BEFORE CONDUCTING A PHOTOGRAPHIC
 ARRAY OR LIVE LINEUP IDENTIFICATION PROCEDURE;
   (C) THE DOCUMENTATION AND PRESERVATION OF RESULTS  OF  A  PHOTOGRAPHIC
 ARRAY OR LIVE LINEUP IDENTIFICATION PROCEDURE;
   (D)  PROCEDURES FOR ELICITING AND DOCUMENTING THE WITNESS'S CONFIDENCE
 IN HIS OR HER IDENTIFICATION FOLLOWING  A  PHOTOGRAPHIC  ARRAY  OR  LIVE
 LINEUP  IDENTIFICATION PROCEDURE, IN THE EVENT THAT AN IDENTIFICATION IS
 MADE; AND
   (E) PROCEDURES FOR ADMINISTERING A PHOTOGRAPHIC ARRAY OR  LIVE  LINEUP
 IDENTIFICATION  PROCEDURE  IN A MANNER DESIGNED TO PREVENT OPPORTUNITIES
 TO INFLUENCE THE WITNESS.
   § 10. Subdivision 4 of section 840 of the executive law is amended  by
 adding a new paragraph (c) to read as follows:
   (C)  DISSEMINATE  THE  WRITTEN  POLICIES AND PROCEDURES PROMULGATED IN
 ACCORDANCE WITH SUBDIVISION TWENTY-ONE OF SECTION EIGHT HUNDRED  THIRTY-
 SEVEN OF THIS ARTICLE TO ALL POLICE DEPARTMENTS IN THIS STATE AND IMPLE-
 MENT  A TRAINING PROGRAM FOR ALL CURRENT AND NEW POLICE OFFICERS REGARD-
 ING  THE  POLICIES  AND  PROCEDURES   ESTABLISHED   PURSUANT   TO   SUCH
 SUBDIVISION.
   §  11. Section 722-e of the county law, as added by chapter 878 of the
 laws of 1965, is amended to read as follows:
   § 722-e. Expenses. All expenses for  providing  counsel  and  services
 other  than counsel hereunder shall be a county charge or in the case of
 a county wholly located within a city a city charge to be paid out of an
 appropriation for such purposes.  PROVIDED, HOWEVER, THAT ANY SUCH ADDI-
 TIONAL EXPENSES INCURRED FOR THE PROVISION OF COUNSEL AND SERVICES AS  A
 RESULT  OF THE IMPLEMENTATION OF A PLAN ESTABLISHED PURSUANT TO SUBDIVI-
 SION FOUR OF SECTION EIGHT HUNDRED  THIRTY-TWO  OF  THE  EXECUTIVE  LAW,
 INCLUDING ANY INTERIM STEPS TAKEN TO IMPLEMENT SUCH PLAN, SHALL BE REIM-
 BURSED  BY  THE STATE TO THE COUNTY OR CITY PROVIDING SUCH SERVICES. THE
 STATE SHALL APPROPRIATE FUNDS SUFFICIENT TO PROVIDE FOR  THE  REIMBURSE-
 MENT REQUIRED BY THIS SECTION.
   §  12.  Section  832  of  the executive law is amended by adding a new
 subdivision 4 to read as follows:
   4. ADDITIONAL DUTIES AND  RESPONSIBILITIES.    THE  OFFICE  SHALL,  IN
 CONSULTATION WITH THE INDIGENT LEGAL SERVICES BOARD ESTABLISHED PURSUANT
 TO  SECTION EIGHT HUNDRED THIRTY-THREE OF THIS ARTICLE, HAVE THE FOLLOW-
 ING DUTIES AND RESPONSIBILITIES, AND ANY PLAN DEVELOPED PURSUANT TO THIS
 SUBDIVISION SHALL BE SUBJECT TO THE APPROVAL  OF  THE  DIRECTOR  OF  THE
 DIVISION OF THE BUDGET:

 S. 2005--A                         23                         A. 3005--A
 
   (A)  COUNSEL  AT  ARRAIGNMENT. DEVELOP AND IMPLEMENT A WRITTEN PLAN TO
 ENSURE THAT EACH CRIMINAL DEFENDANT WHO IS ELIGIBLE FOR PUBLICLY  FUNDED
 LEGAL  REPRESENTATION  IS REPRESENTED BY COUNSEL IN PERSON AT HIS OR HER
 ARRAIGNMENT; PROVIDED, HOWEVER, THAT A TIMELY ARRAIGNMENT  WITH  COUNSEL
 SHALL  NOT BE DELAYED PENDING A DETERMINATION OF A DEFENDANT'S ELIGIBIL-
 ITY.
   (I) FOR THE PURPOSES OF THE PLAN DEVELOPED PURSUANT TO  THIS  SUBDIVI-
 SION, THE TERM "ARRAIGNMENT" SHALL MEAN THE FIRST APPEARANCE BY A PERSON
 CHARGED WITH A CRIME BEFORE A JUDGE OR MAGISTRATE, WITH THE EXCEPTION OF
 AN  APPEARANCE  WHERE  NO  PROSECUTOR APPEARS AND NO ACTION OCCURS OTHER
 THAN THE ADJOURNMENT OF  THE  CRIMINAL  PROCESS  AND  THE  UNCONDITIONAL
 RELEASE  OF  THE PERSON CHARGED (IN WHICH EVENT "ARRAIGNMENT" SHALL MEAN
 THE PERSON'S NEXT APPEARANCE BEFORE A JUDGE OR MAGISTRATE).
   (II) THE WRITTEN PLAN DEVELOPED PURSUANT TO THIS SUBDIVISION SHALL  BE
 COMPLETED  BY  DECEMBER  FIRST, TWO THOUSAND SEVENTEEN AND SHALL INCLUDE
 INTERIM STEPS FOR EACH COUNTY AND THE CITY OF  NEW  YORK  FOR  ACHIEVING
 COMPLIANCE WITH THE PLAN.
   (III) EACH COUNTY AND THE CITY OF NEW YORK SHALL, IN CONSULTATION WITH
 THE  OFFICE, UNDERTAKE GOOD FAITH EFFORTS TO IMPLEMENT THE PLAN BY APRIL
 FIRST, TWO THOUSAND TWENTY-THREE.  PURSUANT  TO  SECTION  SEVEN  HUNDRED
 TWENTY-TWO-E  OF  THE  COUNTY LAW, THE STATE SHALL REIMBURSE EACH COUNTY
 AND THE CITY OF NEW YORK FOR ANY COSTS INCURRED AS A  RESULT  OF  IMPLE-
 MENTING SUCH PLAN.
   (IV)  THE  OFFICE SHALL, ON AN ONGOING BASIS, MONITOR AND PERIODICALLY
 REPORT ON THE IMPLEMENTATION OF, AND COMPLIANCE WITH, THE PLAN  IN  EACH
 COUNTY AND THE CITY OF NEW YORK.
   (B)  CASELOAD RELIEF. DEVELOP AND IMPLEMENT A WRITTEN PLAN THAT ESTAB-
 LISHES  NUMERICAL  CASELOAD/WORKLOAD  STANDARDS  FOR  EACH  PROVIDER  OF
 CONSTITUTIONALLY  MANDATED  PUBLICLY  FUNDED  REPRESENTATION IN CRIMINAL
 CASES FOR PEOPLE WHO ARE UNABLE TO AFFORD COUNSEL.
   (I) SUCH STANDARDS SHALL APPLY TO ALL PROVIDERS WHETHER PUBLIC  DEFEN-
 DER, LEGAL AID SOCIETY, ASSIGNED COUNSEL PROGRAM OR CONFLICT DEFENDER IN
 EACH COUNTY AND THE CITY OF NEW YORK.
   (II)  THE WRITTEN PLAN DEVELOPED PURSUANT TO THIS SUBDIVISION SHALL BE
 COMPLETED BY DECEMBER FIRST, TWO THOUSAND SEVENTEEN  AND  SHALL  INCLUDE
 INTERIM  STEPS  FOR  EACH  COUNTY AND THE CITY OF NEW YORK FOR ACHIEVING
 COMPLIANCE WITH THE PLAN. SUCH PLAN SHALL INCLUDE THE NUMBER  OF  ATTOR-
 NEYS,  INVESTIGATORS  AND  OTHER  NON-ATTORNEY  STAFF  AND THE AMOUNT OF
 IN-KIND RESOURCES NECESSARY FOR EACH PROVIDER OF MANDATED REPRESENTATION
 TO IMPLEMENT SUCH PLAN.
   (III) EACH COUNTY AND THE CITY OF NEW   YORK  SHALL,  IN  CONSULTATION
 WITH   THE  OFFICE,  UNDERTAKE  GOOD  FAITH  EFFORTS  TO  IMPLEMENT  THE
 CASELOAD/WORKLOAD STANDARDS AND SUCH STANDARDS  SHALL  BE  FULLY  IMPLE-
 MENTED  AND  ADHERED TO IN EACH COUNTY AND THE CITY OF NEW YORK BY APRIL
 FIRST, TWO THOUSAND TWENTY-THREE.  PURSUANT  TO  SECTION  SEVEN  HUNDRED
 TWENTY-TWO-E  OF  THE  COUNTY LAW, THE STATE SHALL REIMBURSE EACH COUNTY
 AND THE CITY OF NEW YORK FOR ANY COSTS INCURRED AS A  RESULT  OF  IMPLE-
 MENTING SUCH PLAN.
   (IV)  THE  OFFICE SHALL, ON AN ONGOING BASIS, MONITOR AND PERIODICALLY
 REPORT ON THE IMPLEMENTATION OF, AND COMPLIANCE WITH, THE PLAN  IN  EACH
 COUNTY AND THE CITY OF NEW YORK.
   (C) INITIATIVES TO IMPROVE THE QUALITY OF INDIGENT DEFENSE. (I) DEVEL-
 OP  AND  IMPLEMENT  A  WRITTEN  PLAN TO IMPROVE THE QUALITY OF CONSTITU-
 TIONALLY MANDATED PUBLICLY FUNDED REPRESENTATION IN CRIMINAL  CASES  FOR
 PEOPLE  WHO  ARE  UNABLE  TO  AFFORD  COUNSEL  AND ENSURE THAT ATTORNEYS
 PROVIDING SUCH REPRESENTATION: (A)  RECEIVE  EFFECTIVE  SUPERVISION  AND

 S. 2005--A                         24                         A. 3005--A
 
 TRAINING;  (B)  HAVE  ACCESS TO AND APPROPRIATELY UTILIZE INVESTIGATORS,
 INTERPRETERS AND EXPERT WITNESSES ON BEHALF OF CLIENTS; (C)  COMMUNICATE
 EFFECTIVELY  WITH  THEIR  CLIENTS; (D) HAVE THE NECESSARY QUALIFICATIONS
 AND  EXPERIENCE;  AND (E) IN THE CASE OF ASSIGNED COUNSEL ATTORNEYS, ARE
 ASSIGNED TO CASES IN ACCORDANCE WITH ARTICLE EIGHTEEN-B  OF  THE  COUNTY
 LAW AND IN A MANNER THAT ACCOUNTS FOR THE ATTORNEY'S LEVEL OF EXPERIENCE
 AND CASELOAD/WORKLOAD.
   (II)  THE  OFFICE SHALL, ON AN ONGOING BASIS, MONITOR AND PERIODICALLY
 REPORT ON THE IMPLEMENTATION OF, AND COMPLIANCE WITH, THE PLAN  IN  EACH
 COUNTY AND THE CITY OF NEW YORK.
   (III) THE WRITTEN PLAN DEVELOPED PURSUANT TO THIS SUBDIVISION SHALL BE
 COMPLETED  BY  DECEMBER  FIRST, TWO THOUSAND SEVENTEEN AND SHALL INCLUDE
 INTERIM STEPS FOR EACH COUNTY AND THE CITY OF  NEW  YORK  FOR  ACHIEVING
 COMPLIANCE WITH THE PLAN.
   (IV)  EACH COUNTY AND THE CITY OF NEW YORK SHALL, IN CONSULTATION WITH
 THE OFFICE, UNDERTAKE GOOD FAITH EFFORTS TO IMPLEMENT THE INITIATIVES TO
 IMPROVE THE QUALITY OF INDIGENT DEFENSE AND SUCH  INITIATIVES  SHALL  BE
 FULLY IMPLEMENTED AND ADHERED TO IN EACH COUNTY AND THE CITY OF NEW YORK
 BY  APRIL  FIRST,  TWO  THOUSAND TWENTY-THREE. PURSUANT TO SECTION SEVEN
 HUNDRED TWENTY-TWO-E OF THE COUNTY LAW, THE STATE SHALL  REIMBURSE  EACH
 COUNTY  AND  THE  CITY OF NEW YORK FOR ANY COSTS INCURRED AS A RESULT OF
 IMPLEMENTING SUCH PLAN.
   (D) APPROPRIATION OF FUNDS. IN NO EVENT SHALL A COUNTY AND A  CITY  OF
 NEW  YORK  BE  OBLIGATED TO UNDERTAKE ANY STEPS TO IMPLEMENT THE WRITTEN
 PLANS UNDER PARAGRAPHS (A), (B) AND (C) OF THIS SUBDIVISION UNTIL  FUNDS
 HAVE BEEN APPROPRIATED BY THE STATE FOR SUCH PURPOSE.
   Section  13.  Section  14  of part J of chapter 62 of the laws of 2003
 amending the county law and other laws relating to  fees  collected,  as
 amended  by  section  7  of part K of chapter 56 of the laws of 2010, is
 amended to read as follows:
   § 14. Notwithstanding the provisions of any other  law:  (a)  the  fee
 collected  by  the  office  of court administration for the provision of
 criminal history searches and other searches  for  data  kept  electron-
 ically by the unified court system shall be [sixty-five] EIGHTY dollars;
 (b)  [thirty-five]  FIFTY  dollars  of  each such fee collected shall be
 deposited in the indigent legal services  fund  established  by  section
 98-b  of  the state finance law, as added by section twelve of this act,
 (c) nine dollars of each such fee collected shall be  deposited  in  the
 legal  services assistance fund established by section 98-c of the state
 finance law, as added by section  nineteen  of  this  act,  (d)  sixteen
 dollars  of  each such fee collected shall be deposited to the judiciary
 data processing offset fund established by section  94-b  of  the  state
 finance  law,  and  (e)  the remainder shall be deposited in the general
 fund.
   § 14. Subdivision 4 of section 468-a of the judiciary law, as  amended
 by  section 9 of part K of chapter 56 of the laws of 2010, is amended to
 read as follows:
   4. The biennial registration fee shall be [three] FOUR hundred [seven-
 ty-five] TWENTY-FIVE dollars, sixty dollars of which shall be  allocated
 to  and be deposited in a fund established pursuant to the provisions of
 section ninety-seven-t of the state finance  law,  [fifty]  ONE  HUNDRED
 dollars  of which shall be allocated to and shall be deposited in a fund
 established pursuant to the provisions of section ninety-eight-b of  the
 state finance law, twenty-five dollars of which shall be allocated to be
 deposited  in  a  fund established pursuant to the provisions of section
 ninety-eight-c of the state finance law,  and  the  remainder  of  which

 S. 2005--A                         25                         A. 3005--A
 
 shall  be  deposited  in  the attorney licensing fund. Such fee shall be
 required of every attorney who is admitted and licensed to practice  law
 in this state, whether or not the attorney is engaged in the practice of
 law  in  this  state  or  elsewhere, except attorneys who certify to the
 chief administrator of the courts that they have retired from the  prac-
 tice of law.
   §  15.  Subparagraphs (i) and (iv) of paragraph (j-1) of subdivision 2
 of section 503 of the vehicle  and  traffic  law,  subparagraph  (i)  as
 amended by section 3 and subparagraph (iv) as added by section 4 of part
 PP of chapter 59 of the laws of 2009, are amended to read as follows:
   (i)  When a license issued pursuant to this article, or a privilege of
 operating a motor vehicle or of  obtaining  such  a  license,  has  been
 suspended  based  upon  a  failure  to  answer an appearance ticket or a
 summons or failure to pay a fine, penalty or mandatory surcharge, pursu-
 ant to subdivision three of section two hundred twenty-six,  subdivision
 four  of section two hundred twenty-seven, subdivision four-a of section
 five hundred ten or subdivision five-a of section eighteen hundred  nine
 of  this  chapter, such suspension shall remain in effect until a termi-
 nation of a suspension fee of [seventy] ONE HUNDRED FIVE dollars is paid
 to the court or tribunal that initiated the suspension of  such  license
 or  privilege.  In  no event may the aggregate of the fees imposed by an
 individual court pursuant to this paragraph for the termination  of  all
 suspensions  that  may  be terminated as a result of a person's answers,
 appearances or payments made in such cases pending before such  individ-
 ual  court  exceed  four hundred dollars. For the purposes of this para-
 graph, the various locations of the administrative tribunal  established
 under  article  two-A  of this chapter shall be considered an individual
 court.
   (iv) Notwithstanding any other provision  of  this  paragraph,  [fifty
 percent]  ONE-THIRD  of THE VALUE OF all fees collected pursuant to this
 paragraph shall be deposited to the credit of the general fund.
   § 16. This act shall take effect immediately; provided, however,  that
 sections  one  and  two  of this act shall take effect April 1, 2018 and
 shall apply to confessions, admissions or statements made  on  or  after
 such  effective  date;  provided,  further sections three through ten of
 this act shall take effect July 1, 2017.
 
                                  PART E
 
   Section 1. Subdivision 2 of section 112  of  the  correction  law,  as
 amended  by  section 19 of subpart A of part C of chapter 62 of the laws
 of 2011, is amended to read as follows:
   2. The commissioner SHALL HAVE THE POWER AND DUTY OF  DETERMINING  THE
 CONDITIONS  OF  RELEASE  OF  PERSONS  WHO MAY BE PRESUMPTIVELY RELEASED,
 CONDITIONALLY RELEASED OR SUBJECT TO A  PERIOD  OF  POST-RELEASE  SUPER-
 VISION  UNDER  AN INDETERMINATE OR DETERMINATE SENTENCE OF IMPRISONMENT,
 OTHER THAN PERSONS WHO HAVE BEEN GRANTED PAROLE BY THE BOARD  OF  PAROLE
 PURSUANT  TO  SUBDIVISION TWO OF SECTION TWO HUNDRED FIFTY-NINE-I OF THE
 EXECUTIVE LAW, AND shall have the  management  and  control  of  persons
 released  on  community  supervision and of all matters relating to such
 persons' effective reentry into the community, as well as all  contracts
 and  fiscal  concerns thereof. The commissioner shall have the power and
 it shall be his or her duty to inquire into all matters  connected  with
 said  community  supervision. The commissioner shall make such rules and
 regulations, not in conflict with the statutes of this  state,  for  the
 governance  of  the  officers  and  other  employees  of  the department

 S. 2005--A                         26                         A. 3005--A
 
 assigned to said community supervision, and in regard to the  duties  to
 be  performed  by  them,  as he or she deems proper and shall cause such
 rules and regulations to be  furnished  to  each  employee  assigned  to
 perform  community  supervision. The commissioner shall also prescribe a
 system of accounts and records to be kept, which shall be  uniform.  The
 commissioner  shall  also  make  rules  and  regulations for a record of
 photographs and other means  of  identifying  each  inmate  released  to
 community supervision. The commissioner shall appoint officers and other
 employees of the department who are assigned to perform community super-
 vision.
   §  2.  Subdivision 1 of section 206 of the correction law, as added by
 section 32 of subpart A of part C of chapter 62 of the laws of 2011,  is
 amended to read as follows:
   1.  All  requests for presumptive release or conditional release shall
 be made in writing on forms prescribed and furnished by the  department.
 Within  one  month from the date any such application is received, if it
 appears that the applicant is eligible for presumptive release or condi-
 tional release or will be eligible for such release during  such  month,
 the  conditions  of  release  shall  be  fixed  in accordance with rules
 prescribed by the [board of parole] COMMISSIONER.  Such conditions shall
 be substantially the same as conditions imposed upon parolees.
   § 3. Subdivision 3 of section 70.45 of the  penal  law,  as  added  by
 chapter 1 of the laws of 1998, is amended to read as follows:
   3.  Conditions of post-release supervision. [The] FOR PERSONS WHO HAVE
 BEEN GRANTED PAROLE BY THE BOARD OF PAROLE PURSUANT TO  SUBDIVISION  TWO
 OF SECTION TWO HUNDRED FIFTY-NINE-I OF THE EXECUTIVE LAW, SUCH board [of
 parole]  shall  establish  and  impose conditions of post-release super-
 vision in the same manner and to the same extent as it may establish and
 impose conditions in accordance with the executive law upon persons  who
 are  granted  parole  [or  conditional  release];  FOR ALL OTHER PERSONS
 RELEASED TO POST-RELEASE SUPERVISION SAID  CONDITIONS  SHALL  BE  ESTAB-
 LISHED  AND  IMPOSED  BY  THE  COMMISSIONER OF CORRECTIONS AND COMMUNITY
 SUPERVISION; provided that, notwithstanding any other provision of  law,
 the  board  of  parole  may impose as a condition of post-release super-
 vision that for a period not exceeding six months immediately  following
 release  from  the underlying term of imprisonment PURSUANT TO THE GRANT
 OF PAROLE the person be transferred to and participate in  the  programs
 of  a residential treatment facility as that term is defined in subdivi-
 sion six of section two of the correction law. [Upon  release  from  the
 underlying term of imprisonment, the person] ALL INDIVIDUALS RELEASED TO
 POST-RELEASE  SUPERVISION  shall  be  furnished with a written statement
 setting forth the conditions of [post-release  supervision]  RELEASE  in
 sufficient detail to provide for the person's conduct and supervision.
   § 4. Subdivision 6 of section 410.91 of the criminal procedure law, as
 amended  by  section 76 of subpart B of part C of chapter 62 of the laws
 of 2011, is amended to read as follows:
   6. Upon delivery of the defendant to the reception center, he  or  she
 shall be given a copy of the conditions of parole by a representative of
 the  department  of  corrections  and  community  supervision  and shall
 acknowledge receipt of a copy of the conditions in writing.  The  condi-
 tions shall be established BY THE COMMISSIONER OF CORRECTIONS AND COMMU-
 NITY  SUPERVISION  in  accordance  with  [article  twelve-B] SECTION ONE
 HUNDRED TWELVE of the [executive] CORRECTION  law  [and  the  rules  and
 regulations  of  the board of parole].  Thereafter and while the parolee
 is participating in the intensive drug treatment program provided at the
 drug treatment campus,  the  department  of  corrections  and  community

 S. 2005--A                         27                         A. 3005--A
 
 supervision  shall  assess the parolee's special needs and shall develop
 an intensive  program  of  parole  supervision  that  will  address  the
 parolee's  substance  abuse  history  and  which  shall include periodic
 urinalysis testing. Unless inappropriate, such program shall include the
 provision  of  treatment  services  by a community-based substance abuse
 service provider which has a contract with the department of corrections
 and community supervision.
   § 5. Subdivision 2 of section 259-c of the executive law,  as  amended
 by  section  38-b  of  subpart  A of part C of chapter 62 of the laws of
 2011, is amended to read as follows:
   2. have the power and duty of determining the conditions of release of
 the person who [may be presumptively released, conditionally released or
 subject to a period of post-release supervision] HAS BEEN GRANTED PAROLE
 PURSUANT TO SUBDIVISION TWO OF SECTION TWO HUNDRED FIFTY-NINE-I OF  THIS
 ARTICLE under an indeterminate or determinate sentence of imprisonment;
   § 6. Paragraph (b) of subdivision 5 of section 70.45 of the penal law,
 as  amended by section 127-j of subpart B of part C of chapter 62 of the
 laws of 2011, is amended to read as follows:
   (b) Upon the completion of the period of post-release supervision, the
 running of such sentence or sentences of imprisonment shall  resume  and
 only  then shall the remaining portion of any maximum or aggregate maxi-
 mum term previously held in abeyance be credited with and diminished  by
 such  period  of  post-release  supervision. IN THE EVENT SUCH PERIOD OF
 POST-RELEASE SUPERVISION IS REDUCED PURSUANT TO SUBDIVISION SIX OF  THIS
 SECTION,  THE REMAINING PORTION OF ANY MAXIMUM OR AGGREGATE MAXIMUM TERM
 PREVIOUSLY HELD IN ABEYANCE SHALL BE CREDITED  WITH  AND  DIMINISHED  BY
 SUCH  REDUCED  PERIOD OF POST-RELEASE SUPERVISION. The person shall then
 be under the jurisdiction of the department of corrections and community
 supervision for the remaining portion of such maximum or aggregate maxi-
 mum term.
   § 7. Section 70.45 of the penal law is amended by adding a new  subdi-
 vision 6 to read as follows:
   6.  EARNED  REDUCTION OF POST-RELEASE SUPERVISION.  (A) AFTER A PERIOD
 OF POST-RELEASE SUPERVISION HAS COMMENCED PURSUANT TO PARAGRAPH  (A)  OF
 SUBDIVISION  FIVE OF THIS SECTION, SUCH PERIOD SHALL BE REDUCED BY THREE
 MONTHS UPON THE COMPLETION OF EACH  UNINTERRUPTED  SIX-MONTH  PERIOD  OF
 POST-RELEASE SUPERVISION SERVED THEREAFTER, PROVIDED:
   (I)  THE  PERSON  IS  SUBJECT TO A DETERMINATE SENTENCE IMPOSED FOR AN
 OFFENSE LISTED IN SUBDIVISION ONE OF SECTION 70.02 OF THIS ARTICLE; AND
   (II) THE PERSON IS NOT SUBJECT TO ANY SENTENCE WITH A MAXIMUM TERM  OF
 LIFE  IMPRISONMENT,  OR  ANY  SENTENCE IMPOSED FOR AN OFFENSE DEFINED IN
 ARTICLE ONE HUNDRED THIRTY, TWO HUNDRED SIXTY-THREE, FOUR HUNDRED EIGHT-
 Y-FIVE OR FOUR HUNDRED NINETY OF THIS TITLE, OR AN ATTEMPT OR A CONSPIR-
 ACY TO COMMIT ANY SUCH OFFENSE; AND
   (III) THE PERSON IS AT LIBERTY DURING THE ENTIRE SIX-MONTH PERIOD  AND
 IS NOT DECLARED DELINQUENT BY THE DEPARTMENT OF CORRECTIONS AND COMMUNI-
 TY SUPERVISION AS OF A DATE WITHIN SAID SIX-MONTH PERIOD.
   (B) NO REDUCTION SHALL BE GRANTED PURSUANT TO THIS SUBDIVISION FOR:
   (I) THE SERVICE OF LESS THAN AN UNINTERRUPTED SIX-MONTH PERIOD; OR
   (II)  THE  SIX MONTHS IMMEDIATELY PRECEDING THE COMPLETION OF A PERIOD
 OF POST-RELEASE SUPERVISION.
   (C) THE SIX-MONTH PERIOD SHALL  NOT COMMENCE OR CONTINUE TO RUN  WHILE
 THE  PERSON  IS IN CUSTODY FOR ANY REASON. NO REDUCTION SHALL BE GRANTED
 FOR THE PERIOD BETWEEN THE COMMENCEMENT OF THE SIX-MONTH  PERIOD AND THE
 DATE ON WHICH THE PERSON WAS TAKEN INTO CUSTODY IF SUCH PERIOD WAS  LESS

 S. 2005--A                         28                         A. 3005--A
 
 THAN  SIX  MONTHS.  IN  SUCH  CASE,  THE NEXT SIX-MONTH PERIOD SHALL NOT
 COMMENCE UNTIL THE PERSON'S NEXT RELEASE FROM CUSTODY.
   (D)  A  DECLARATION  OF DELINQUENCY SHALL INTERRUPT THE RUNNING OF THE
 SIX-MONTH PERIOD  RETROACTIVELY  AS  OF  THE  DATE  OF  DELINQUENCY.  NO
 REDUCTION  SHALL  BE  GRANTED FOR THE PERIOD BETWEEN THE COMMENCEMENT OF
 THE SIX-MONTH PERIOD AND THE DATE OF DELINQUENCY IF SUCH PERIOD WAS LESS
 THAN SIX MONTHS. IN SUCH   CASE, THE NEXT  SIX-MONTH  PERIOD  SHALL  NOT
 COMMENCE UNTIL THE PERSON'S NEXT RELEASE FROM CUSTODY.
   (E)  WHEN  A PERSON IS SUBJECT TO MORE THAN ONE PERIOD OF POST-RELEASE
 SUPERVISION, THE REDUCTION   AUTHORIZED IN  THIS  SUBDIVISION  SHALL  BE
 APPLIED  TO EVERY PERIOD OF POST-RELEASE SUPERVISION TO WHICH THE PERSON
 IS SUBJECT AT THE COMMENCEMENT OF THE SIX-MONTH PERIOD. IN THE  EVENT  A
 PERSON  BECOMES  SUBJECT TO AN  ADDITIONAL PERIOD OF POST-RELEASE SUPER-
 VISION AFTER THE SIX-MONTH PERIOD OF A PREVIOUSLY  IMPOSED  PERIOD    OF
 POST-RELEASE  SUPERVISION  HAS  COMMENCED,  THE  SIX-MONTH PERIOD OF THE
 ADDITIONAL PERIOD OF POST-RELEASE SUPERVISION SHALL COMMENCE AS PROVIDED
 IN PARAGRAPH (A) OF THIS SUBDIVISION.
   (F) THE REDUCTION APPLIED TO  A  PERIOD  OF  POST-RELEASE  SUPERVISION
 PURSUANT TO THIS SUBDIVISION SHALL NOT BE APPLIED TO ANY OTHER PERIOD OF
 POST-RELEASE  SUPERVISION,  EXCEPT  AS  PROVIDED  IN SUBDIVISION FIVE OF
 SECTION 70.30 OF THIS ARTICLE.
   § 8. Paragraph (c) of subdivision 1 of section 803-b of the correction
 law, as amended by chapter 412 of the laws of 2010, is amended  to  read
 as follows:
   (c) "significant programmatic accomplishment" means that the inmate:
   (i) participates in no less than two years of college programming; or
   (ii) obtains a masters of professional studies degree; or
   (iii)  successfully participates as an inmate program associate for no
 less than two years; or
   (iv) receives a certification from the state department of  labor  for
 his or her successful participation in an apprenticeship program; or
   (v)  successfully  works  as  an inmate hospice aid for a period of no
 less than two years; or
   (vi) successfully works in the division  of  correctional  industries'
 optical  program for no less than two years and receives a certification
 as an optician from the American board of opticianry; or
   (vii) receives an asbestos handling certificate from the department of
 labor upon successful completion of the training program and then  works
 in  the  division of correctional industries' asbestos abatement program
 as a hazardous materials removal worker or group leader for no less than
 eighteen months; or
   (viii) successfully completes the course  curriculum  and  passes  the
 minimum  competency  screening  process performance examination for sign
 language interpreter, and then works as a sign language interpreter  for
 deaf inmates for no less than one year; or
   (ix) successfully works in the puppies behind bars program for a peri-
 od of no less than two years; OR
   (X)  SUCCESSFULLY  PARTICIPATES  IN A VOCATIONAL CULINARY ARTS PROGRAM
 FOR A PERIOD OF NO LESS THAN TWO YEARS AND EARNS A SERVSAFE  CERTIFICATE
 THAT IS RECOGNIZED BY THE NATIONAL RESTAURANT ASSOCIATION; OR
   (XI)  SUCCESSFULLY  COMPLETES  THE  FOUR  HUNDRED NINETY HOUR TRAINING
 PROGRAM WHILE ASSIGNED TO A DEPARTMENT OF MOTOR  VEHICLES  CALL  CENTER,
 AND  CONTINUES  TO WORK AT SUCH CALL CENTER FOR AN ADDITIONAL TWENTY-ONE
 MONTHS.
   § 9. Subdivision 2 of section 60.02 of the penal law,  as  amended  by
 chapter 471 of the laws of 1980, is amended to read as follows:

 S. 2005--A                         29                         A. 3005--A
 
   (2)  If the sentence is to be imposed upon a youthful offender finding
 which has been substituted for a conviction for any  felony,  the  court
 must  impose a sentence authorized to be imposed upon a person convicted
 of a class E felony [provided, however, that the court must not impose a
 sentence  of  conditional  discharge  or  unconditional discharge if the
 youthful offender finding was substituted for a conviction of  a  felony
 defined  in  article two hundred twenty of this chapter], AS HEREINAFTER
 PROVIDED:
   (A) IF THE YOUTHFUL OFFENDER FINDING  WAS  SUBSTITUTED  FOR  A  FELONY
 DEFINED  IN ARTICLE TWO HUNDRED TWENTY OR TWO HUNDRED TWENTY-ONE OF THIS
 CHAPTER, THEN THE SENTENCE SHALL BE AS AUTHORIZED BY  SECTION  60.04  OF
 THIS  ARTICLE  FOR  A  CLASS  E FELONY, AND IF A DETERMINATE SENTENCE OF
 IMPRISONMENT IS IMPOSED, THE CORRESPONDING PERIOD OF POST-RELEASE SUPER-
 VISION PROVIDED FOR THAT CLASS E FELONY BY SECTION 70.45 OF  THIS  TITLE
 SHALL ALSO BE IMPOSED.  IN ADDITION TO SUCH AUTHORIZED SENTENCES, IF THE
 DEFENDANT MEETS THE REQUIREMENTS OF SUBDIVISION TWO OF SECTION 410.91 OF
 THE  CRIMINAL  PROCEDURE  LAW,  A COURT MAY DIRECT THAT SUCH SENTENCE BE
 EXECUTED AS A PAROLE SUPERVISION SENTENCE AS DEFINED IN AND PURSUANT  TO
 THE PROCEDURES PRESCRIBED BY THAT SECTION.
   (B)  IF  THE  YOUTHFUL  OFFENDER FINDING WAS SUBSTITUTED FOR ANY OTHER
 FELONY, THEN THE SENTENCE SHALL BE AS AUTHORIZED  BY  SECTION  60.01  OF
 THIS  ARTICLE  FOR  A  SENTENCE  UPON  A CONVICTION OF A CLASS E FELONY;
 PROVIDED, HOWEVER, THAT IF THE YOUTHFUL OFFENDER FINDING WAS SUBSTITUTED
 FOR A VIOLENT FELONY OFFENSE AS DEFINED IN SUBDIVISION  ONE  OF  SECTION
 70.02  OF THIS TITLE OR FOR A FELONY SEX OFFENSE AS DEFINED IN PARAGRAPH
 (A) OF SUBDIVISION ONE OF SECTION 70.80 OF THIS  TITLE  AND,  IN  EITHER
 CASE,  A SENTENCE OF IMPRISONMENT IN EXCESS OF ONE YEAR IS IMPOSED TO BE
 SERVED IN A FACILITY OF THE STATE DEPARTMENT OF CORRECTIONS AND COMMUNI-
 TY SUPERVISION, THE SENTENCE SHALL BE THE DETERMINATE SENTENCE OF IMPRI-
 SONMENT AUTHORIZED FOR A CLASS E VIOLENT FELONY OFFENSE  OR  FELONY  SEX
 OFFENSE,  AS  THE  CASE MAY BE, AND THE CORRESPONDING PERIOD OF POST-RE-
 LEASE SUPERVISION PROVIDED FOR THAT CLASS E FELONY BY SECTION  70.45  OF
 THIS TITLE.
   §  10.  Section 70.00 of the penal law, the section heading as amended
 by chapter 277 of the laws of 1973, subdivision 1 as amended by  section
 36  of chapter 7 of the laws of 2007, subdivisions 2, 3 and 4 as amended
 by chapter 738 of the laws of 2004, paragraph (a) of  subdivision  3  as
 amended by chapter 107 of the laws of 2006, paragraph (b) of subdivision
 3  as  amended  by  chapter  746  of  the laws of 2006, subdivision 5 as
 amended by chapter 482 of the laws of 2009 and subdivision 6 as  amended
 by chapter 1 of the laws of 1998, is amended to read as follows:
 § 70.00 Sentence of imprisonment for felony.
   1. [Indeterminate] UNLESS OTHERWISE AUTHORIZED BY A PROVISION OF ARTI-
 CLE SIXTY OR SEVENTY OF THIS CHAPTER, THE SENTENCE OF IMPRISONMENT FOR A
 FELONY IS AS FOLLOWS:
   (A)  CLASS  A  FELONY  sentence.  Except  as provided in [subdivisions
 four,] SUBDIVISION five [and six] of this section [or section  70.80  of
 this  article],  a  sentence of imprisonment for a CLASS A felony, other
 than a felony defined in article two  hundred  twenty  [or  two  hundred
 twenty-one]  of  this  chapter, shall be an indeterminate sentence. When
 such a sentence is imposed, the court shall impose  a  maximum  term  in
 accordance  with  the  provisions of subdivision two of this section and
 the minimum period of imprisonment shall be as provided  in  subdivision
 three of this section.
   (B) CLASS B, C, D OR E FELONY SENTENCE. EXCEPT AS PROVIDED IN SUBDIVI-
 SIONS  FOUR  AND SIX OF THIS SECTION OR SECTION 70.80 OF THIS ARTICLE, A

 S. 2005--A                         30                         A. 3005--A
 
 SENTENCE OF IMPRISONMENT FOR A CLASS B, C, D OR E FELONY, OTHER  THAN  A
 FELONY  DEFINED  IN ARTICLE TWO HUNDRED TWENTY OR TWO HUNDRED TWENTY-ONE
 OF THIS CHAPTER, SHALL BE A  DETERMINATE  SENTENCE  OF  IMPRISONMENT  IN
 ACCORDANCE  WITH  THE PROVISIONS OF SUBDIVISION THREE-A OF THIS SECTION,
 WHICH SHALL INCLUDE, AS PART THEREOF, A PERIOD  OF  POST-RELEASE  SUPER-
 VISION  IN ACCORDANCE WITH THE PROVISIONS OF SECTION 70.45 OF THIS ARTI-
 CLE.
   2. Maximum INDETERMINATE term of [sentence] IMPRISONMENT FOR A CLASS A
 FELONY.  The maximum term of an indeterminate sentence  OF  IMPRISONMENT
 FOR  A  CLASS A FELONY shall be [at least three years and the term shall
 be fixed as follows:
   (a) For a class A felony,] FIXED BY THE COURT, AND the term  shall  be
 life imprisonment[;
   (b)  For  a  class B felony, the term shall be fixed by the court, and
 shall not exceed twenty-five years;
   (c) For a class C felony, the term shall be fixed by  the  court,  and
 shall not exceed fifteen years;
   (d)  For  a  class D felony, the term shall be fixed by the court, and
 shall not exceed seven years; and
   (e) For a class E felony, the term shall be fixed by  the  court,  and
 shall not exceed four years].
   3.  Minimum INDETERMINATE period of imprisonment FOR A CLASS A FELONY.
 [The minimum period of  imprisonment  under  an  indeterminate  sentence
 shall be at least one year and shall be fixed as follows:]
   (a)  In the case of a class A felony, EXCEPT AS SPECIFIED IN PARAGRAPH
 (B) OF THIS SUBDIVISION, the minimum period  OF  IMPRISONMENT  shall  be
 fixed by the court and specified in the sentence[.] AS FOLLOWS:
   (i) For a class A-I felony, such minimum period shall not be less than
 fifteen years nor more than twenty-five years; provided, however, that:
   (A) where a sentence, other than a sentence of death or life imprison-
 ment  without parole, is imposed upon a defendant convicted of murder in
 the first degree as defined in section 125.27 of this chapter such mini-
 mum period shall be not less than twenty years nor more than twenty-five
 years, and[,]
   (B) where a sentence is imposed upon a defendant convicted  of  murder
 in the second degree as defined in subdivision five of section 125.25 of
 this  chapter  or  convicted  of aggravated murder as defined in section
 125.26 of this chapter, the sentence shall be life imprisonment  without
 parole, and[,]
   (C)  where  a  sentence  is  imposed  upon  a  defendant  convicted of
 attempted murder in the first degree as defined in article  one  hundred
 ten of this chapter and subparagraph (i), (ii) or (iii) of paragraph (a)
 of  subdivision  one  and  paragraph  (b)  of subdivision one of section
 125.27 of this chapter or attempted  aggravated  murder  as  defined  in
 article one hundred ten of this chapter and section 125.26 of this chap-
 ter  such  minimum  period  shall be not less than twenty years nor more
 than forty years.
   (ii) For a class A-II felony, such minimum period shall  not  be  less
 than  three years nor more than eight years four months, except that for
 the class A-II felony of predatory sexual assault as defined in  section
 130.95  of  this  chapter  or  the class A-II felony of predatory sexual
 assault against a child as defined in section 130.96  of  this  chapter,
 such minimum period shall be not less than ten years nor more than twen-
 ty-five years.
   (b)  [For  any  other felony, the minimum period shall be fixed by the
 court and specified in the sentence and shall be not less than one  year

 S. 2005--A                         31                         A. 3005--A

 nor more than one-third of the maximum term imposed] A MINIMUM PERIOD OF
 IMPRISONMENT SHALL NOT BE FIXED BY THE COURT FOR A CLASS A FELONY WHEN A
 SENTENCE  OF  LIFE  IMPRISONMENT WITHOUT PAROLE IS AUTHORIZED BY SECTION
 60.06  OF  THIS TITLE, OR SUBDIVISION FIVE OF THIS SECTION, OR ANY OTHER
 PROVISION OF THIS CHAPTER AND IS IMPOSED.
   3-A. DETERMINATE TERM OF IMPRISONMENT FOR A CLASS B, C, D OR E FELONY.
 (A) THE TERM OF A DETERMINATE SENTENCE OF IMPRISONMENT FOR A CLASS B, C,
 D OR E FELONY DEFINED IN ARTICLE ONE HUNDRED TWENTY-FIVE OF THIS CHAPTER
 SHALL BE FIXED BY THE COURT IN WHOLE OR HALF YEARS AS FOLLOWS:
   (I) FOR A CLASS B FELONY, THE TERM SHALL BE  AT  LEAST  ONE  YEAR  AND
 SHALL NOT EXCEED SIXTEEN YEARS;
   (II)  FOR  A  CLASS  C FELONY, THE TERM SHALL BE AT LEAST ONE YEAR AND
 SHALL NOT EXCEED TWELVE AND ONE-HALF YEARS;
   (III) FOR A CLASS D FELONY, THE TERM SHALL BE AT LEAST  ONE  YEAR  AND
 SHALL NOT EXCEED EIGHT YEARS; AND
   (IV)  FOR  A  CLASS  E FELONY, THE TERM SHALL BE AT LEAST ONE YEAR AND
 SHALL NOT EXCEED FOUR YEARS.
   (B) THE TERM OF A DETERMINATE SENTENCE OF IMPRISONMENT FOR  ANY  OTHER
 CLASS  B,  C, D OR E FELONY SHALL BE FIXED BY THE COURT IN WHOLE OR HALF
 YEARS AS FOLLOWS:
   (I) FOR A CLASS B FELONY, THE TERM SHALL BE  AT  LEAST  ONE  YEAR  AND
 SHALL NOT EXCEED TWELVE YEARS;
   (II)  FOR  A  CLASS  C FELONY, THE TERM SHALL BE AT LEAST ONE YEAR AND
 SHALL NOT EXCEED SIX YEARS;
   (III) FOR A CLASS D FELONY, THE TERM SHALL BE AT LEAST  ONE  YEAR  AND
 SHALL NOT EXCEED FOUR YEARS; AND
   (IV)  FOR  A  CLASS  E FELONY, THE TERM SHALL BE AT LEAST ONE YEAR AND
 SHALL NOT EXCEED TWO AND ONE-HALF YEARS.
   4. Alternative definite sentence for class C, D and E felonies. When a
 person, other than a second or persistent felony offender, is  sentenced
 for  a  class  C, D or [class] E felony, and the court, having regard to
 the nature and circumstances of the crime and to the history and charac-
 ter of the defendant, is of the opinion that a sentence of  imprisonment
 is  necessary but that it would be unduly harsh to impose [an indetermi-
 nate or] A  determinate  sentence,  the  court  may  impose  a  definite
 sentence of imprisonment and fix a term of one year or less.
   5.  Life  imprisonment  without  parole. (A) Notwithstanding any other
 provision of law, a defendant sentenced  to  life  imprisonment  without
 parole  shall  not  be  or  become  eligible  for  parole or conditional
 release. For purposes of commitment and custody, other than  parole  and
 conditional  release,  such sentence shall be deemed to be an indetermi-
 nate sentence.
   (B) A defendant may be sentenced to life imprisonment  without  parole
 upon  conviction  for the crime of murder in the first degree as defined
 in section 125.27 of this chapter and in accordance with the  procedures
 provided by law for imposing a sentence for such crime.
   (C)  A defendant must be sentenced to life imprisonment without parole
 upon conviction for the crime of terrorism as defined in section  490.25
 of  this chapter, where the specified offense the defendant committed is
 a class A-I felony; the crime of criminal possession of a chemical weap-
 on or biological weapon in the first degree as defined in section 490.45
 of this chapter; or the crime of criminal use of a  chemical  weapon  or
 biological  weapon  in  the first degree as defined in section 490.55 of
 this chapter; provided, however, that nothing in this subdivision  shall
 preclude  or  prevent  a  sentence  of  death when the defendant is also

 S. 2005--A                         32                         A. 3005--A
 
 convicted of the crime of murder in  the  first  degree  as  defined  in
 section 125.27 of this chapter.
   (D)  A defendant must be sentenced to life imprisonment without parole
 upon conviction for the crime of murder in the second degree as  defined
 in  subdivision  five of section 125.25 of this chapter or for the crime
 of aggravated murder as defined in subdivision one of section 125.26  of
 this chapter.
   (E)  A  defendant may be sentenced to life imprisonment without parole
 upon conviction for the crime of aggravated murder as defined in  subdi-
 vision two of section 125.26 of this chapter.
   6. Determinate sentence FOR CONVICTION OF A VIOLENT FELONY.  Except as
 provided  in  subdivision  four of this section and subdivisions two and
 four of section 70.02 OF THIS ARTICLE, when a person is sentenced  as  a
 violent  felony offender pursuant to section 70.02 OF THIS ARTICLE or as
 a second violent felony offender pursuant to section 70.04 OF THIS ARTI-
 CLE or as a second felony offender on a conviction for a violent  felony
 offense pursuant to section 70.06 OF THIS ARTICLE, the court must impose
 a determinate sentence of imprisonment in accordance with the provisions
 of  such  sections and such sentence shall include, as a part thereof, a
 period of post-release supervision in accordance with section  70.45  OF
 THIS ARTICLE.
   §  11.  Section 70.06 of the penal law, as added by chapter 277 of the
 laws of 1973, paragraph (a)  of  subdivision  1  and  subdivision  4  as
 amended  by  chapter  410 of the laws of 1979, subparagraph (i) of para-
 graph (b) of subdivision 1 as amended by chapter  784  of  the  laws  of
 1975, subparagraph (iii) of paragraph (b) of subdivision 1 as amended by
 chapter  471  of  the  laws  of 1980, subdivisions 2 and 3 as amended by
 section 38 of chapter 7 of the laws of 2007, paragraph (a)  of  subdivi-
 sion  4  as amended by chapter 107 of the laws of 2006, subdivision 6 as
 added by chapter 3 of the laws of 1995 and subdivision 7 as  amended  by
 section 123 of subpart B of part C of chapter 62 of the laws of 2011, is
 amended to read as follows:
 § 70.06 Sentence of imprisonment for second felony offender.
   1. Definition of second felony offender.
   (a)  A second felony offender is a person, other than a second violent
 felony offender as defined in section 70.04 OF THIS ARTICLE, who  stands
 convicted  of  a  felony defined in this chapter, other than a class A-I
 felony, after having previously been subjected to one or more  predicate
 felony convictions as defined in paragraph (b) of this subdivision.
   (b)  For  the  purpose  of determining whether a prior conviction is a
 predicate felony conviction the following criteria shall apply:
   (i) The conviction must have been in this state of a felony, or in any
 other jurisdiction of an offense for which  a  sentence  to  a  term  of
 imprisonment in excess of one year or a sentence of death was authorized
 and  is  authorized  in this state irrespective of whether such sentence
 was imposed;
   (ii) Sentence upon such prior conviction must have been imposed before
 commission of the present felony;
   (iii) Suspended sentence, suspended execution of sentence, a  sentence
 of  probation,  a  sentence of conditional discharge or of unconditional
 discharge, and a sentence of certification to the care  and  custody  of
 the  division  of  substance  abuse  services,  shall  be deemed to be a
 sentence;
   (iv) Except  as  provided  in  subparagraph  (v)  of  this  paragraph,
 sentence  must  have been imposed not more than ten years before commis-
 sion of the felony of which the defendant presently stands convicted;

 S. 2005--A                         33                         A. 3005--A
 
   (v) In calculating the ten year period under  subparagraph  (iv),  any
 period  of  time during which the person was incarcerated for any reason
 between the time of commission of the previous felony and  the  time  of
 commission  of  the  present  felony shall be excluded and such ten year
 period shall be extended by a period or periods equal to the time served
 under such incarceration;
   (vi)  An  offense  for  which  the  defendant has been pardoned on the
 ground of innocence shall not be deemed a predicate felony conviction.
   2. UNLESS OTHERWISE AUTHORIZED BY A PROVISION OF THIS ARTICLE OR ARTI-
 CLE SIXTY OF THIS CHAPTER, THE SENTENCE OF  IMPRISONMENT  FOR  A  SECOND
 FELONY OFFENDER SHALL BE AS FOLLOWS:
   (A)  Authorized  sentence FOR A CLASS A-II FELONY. [Except as provided
 in subdivision five or six of this section, or as provided  in  subdivi-
 sion  five  of  section  70.80 of this article, when] WHEN the court has
 found, pursuant to the provisions of the criminal procedure law, that  a
 person  is  a second felony offender the court must impose an indetermi-
 nate sentence of imprisonment. The maximum term of such sentence must be
 in accordance with the provisions of subdivision three of  this  section
 and  the  minimum  period of imprisonment under such sentence must be in
 accordance with subdivision four of this section.
   (B) AUTHORIZED SENTENCE FOR A CLASS B, C, D OR  E  FELONY.  EXCEPT  AS
 PROVIDED  IN  SECTION  70.70  OR SECTION 70.80 OF THIS ARTICLE, WHEN THE
 COURT HAS FOUND, PURSUANT TO THE PROVISIONS OF  THE  CRIMINAL  PROCEDURE
 LAW,  THAT  A PERSON IS A SECOND FELONY OFFENDER THE COURT MUST IMPOSE A
 DETERMINATE SENTENCE OF IMPRISONMENT IN ACCORDANCE WITH SUBDIVISION FIVE
 OR SIX OF THIS SECTION AND  A  PERIOD  OF  POST-RELEASE  SUPERVISION  AS
 AUTHORIZED  BY SECTION 70.45 OF THIS ARTICLE.  THE COURT MAY DIRECT SUCH
 SENTENCE BE EXECUTED AS A PAROLE  SUPERVISION  SENTENCE  TO  THE  EXTENT
 AUTHORIZED  AND PROVIDED FOR BY SUBDIVISION SEVEN OF THIS SECTION. FOR A
 CLASS D OR E FELONY SPECIFIED IN SUBDIVISION EIGHT OF THIS SECTION,  THE
 COURT  MAY,  IN LIEU OF A DETERMINATE SENTENCE OF IMPRISONMENT, IMPOSE A
 SENTENCE AUTHORIZED BY SUCH SUBDIVISION.
   3. Maximum INDETERMINATE term of [sentence] IMPRISONMENT FOR  A  CLASS
 A-II  FELONY.  [Except  as  provided  in subdivision five or six of this
 section, or as provided in subdivision five of  section  70.80  of  this
 article, the] THE maximum term of an indeterminate sentence OF IMPRISON-
 MENT  FOR A CLASS A-II FELONY for a second felony offender must be fixed
 by the court [as follows:
   (a) For a class A-II felony], AND the term must be life imprisonment[;
   (b) For a class B felony, the term must be at  least  nine  years  and
 must not exceed twenty-five years;
   (c) For a class C felony, the term must be at least six years and must
 not exceed fifteen years;
   (d)  For  a  class  D felony, the term must be at least four years and
 must not exceed seven years; and
   (e) For a class E felony, the term must be at least  three  years  and
 must  not  exceed four years; provided, however, that where the sentence
 is for the class E felony offense specified in section  240.32  of  this
 chapter,  the  maximum  term  must  be at least three years and must not
 exceed five years].
   4. Minimum INDETERMINATE period of imprisonment FOR A CLASS A-II FELO-
 NY.  [(a)] The minimum period of imprisonment for a second felony offen-
 der convicted of a class A-II felony must be fixed by the  court  at  no
 less than six years and not to exceed twelve and one-half years and must
 be  specified  in the sentence, except that for the class A-II felony of
 predatory sexual assault as defined in section 130.95 of this chapter or

 S. 2005--A                         34                         A. 3005--A

 the class A-II felony of predatory sexual assault  against  a  child  as
 defined  in section 130.96 of this chapter, such minimum period shall be
 not less than ten years nor more than twenty-five years.
   [(b) Except as provided in paragraph (a), the minimum period of impri-
 sonment  under  an  indeterminate  sentence for a second felony offender
 must be fixed by the court at one-half of the maximum term  imposed  and
 must be specified in the sentence.]
   5.  DETERMINATE  TERM  OF  IMPRISONMENT  FOR  A SECOND FELONY OFFENDER
 CONVICTED OF A CLASS B, C, D OR E FELONY NOT DEFINED AS A VIOLENT FELONY
 OFFENSE. (A) WHEN THE COURT HAS FOUND, PURSUANT TO THE PROVISIONS OF THE
 CRIMINAL PROCEDURE LAW, THAT A PERSON IS A SECOND  FELONY  OFFENDER  AND
 THE  SENTENCE  TO  BE  IMPOSED  ON  SUCH  PERSON IS FOR A FELONY OFFENSE
 DEFINED IN ARTICLE ONE HUNDRED TWENTY-FIVE OF THIS CHAPTER, WHICH IS NOT
 DEFINED A VIOLENT FELONY OFFENSE BY SUBDIVISION ONE OF SECTION 70.02  OF
 THIS  ARTICLE, THE COURT MUST IMPOSE A DETERMINATE SENTENCE OF IMPRISON-
 MENT, THE TERM OF WHICH MUST BE FIXED BY THE COURT AS FOLLOWS:
   (I) FOR A CLASS B FELONY OFFENSE, THE TERM MUST BE AT LEAST  FOUR  AND
 ONE-HALF YEARS AND MUST NOT EXCEED EIGHTEEN YEARS;
   (II)  FOR  A  CLASS  C FELONY OFFENSE, THE TERM MUST BE AT LEAST THREE
 YEARS AND MUST NOT EXCEED FOURTEEN YEARS;
   (III) FOR A CLASS D FELONY OFFENSE, THE TERM  MUST  BE  AT  LEAST  TWO
 YEARS AND MUST NOT EXCEED TEN YEARS; AND
   (IV)  FOR  A CLASS E FELONY OFFENSE, THE TERM MUST BE AT LEAST ONE AND
 ONE-HALF YEARS AND MUST NOT EXCEED FIVE YEARS.
   (B) WHEN THE COURT HAS FOUND, PURSUANT TO THE PROVISIONS OF THE CRIMI-
 NAL PROCEDURE LAW, THAT A PERSON IS A SECOND  FELONY  OFFENDER  AND  THE
 SENTENCE  TO  BE IMPOSED ON SUCH PERSON IS FOR A FELONY OFFENSE WHICH IS
 NOT DEFINED IN ARTICLE ONE HUNDRED TWENTY-FIVE OF THIS CHAPTER AND WHICH
 IS NOT DESIGNATED A VIOLENT FELONY OFFENSE BY SUBDIVISION ONE OF SECTION
 70.02 OF THIS ARTICLE, THE COURT MUST IMPOSE A DETERMINATE  SENTENCE  OF
 IMPRISONMENT, THE TERM OF WHICH MUST BE FIXED BY THE COURT AS FOLLOWS:
   (I)  FOR  A CLASS B FELONY OFFENSE, THE TERM MUST BE AT LEAST FOUR AND
 ONE-HALF YEARS AND MUST NOT EXCEED FOURTEEN YEARS;
   (II) FOR A CLASS C FELONY OFFENSE, THE TERM MUST  BE  AT  LEAST  THREE
 YEARS AND MUST NOT EXCEED EIGHT YEARS;
   (III)  FOR  A  CLASS  D  FELONY OFFENSE, THE TERM MUST BE AT LEAST TWO
 YEARS AND MUST NOT EXCEED FIVE YEARS; AND
   (IV) FOR A CLASS E FELONY OFFENSE, THE TERM MUST BE AT LEAST  ONE  AND
 ONE-HALF YEARS AND MUST NOT EXCEED THREE YEARS.
   6.  Determinate  [sentence]  TERM  OF  IMPRISONMENT  FOR SECOND FELONY
 OFFENDER CONVICTED OF A CLASS B, C, D OR E VIOLENT FELONY OFFENSE.  When
 the court has found, pursuant to the provisions of the  criminal  proce-
 dure  law, that a person is a second felony offender and the sentence to
 be imposed on such person is for a violent felony offense, as defined in
 subdivision one of section 70.02 OF THIS ARTICLE, the court must  impose
 a  determinate  sentence of imprisonment the term of which must be fixed
 by the court as follows:
   (a) For a class B violent felony offense, the term must  be  at  least
 eight years and must not exceed twenty-five years;
   (b)  For  a  class C violent felony offense, the term must be at least
 five years and must not exceed fifteen years;
   (c) For a class D violent felony offense, the term must  be  at  least
 three years and must not exceed seven years; and
   (d)  For  a  class E violent felony offense, the term must be at least
 two years and must not exceed four years.

 S. 2005--A                         35                         A. 3005--A
 
   7. PAROLE SUPERVISION SENTENCE. Notwithstanding any other provision of
 law, in the case of a  person  sentenced  for  a  specified  offense  or
 offenses  as defined in subdivision five of section 410.91 of the crimi-
 nal procedure law, who stands convicted of no other felony offense,  who
 has  not previously been convicted of either a violent felony offense as
 defined in section 70.02 of this article, a class A felony offense or  a
 class B felony offense, and is not under the jurisdiction of or awaiting
 delivery to the department of corrections and community supervision, the
 court  may direct that such sentence be executed as a parole supervision
 sentence as defined in and pursuant  to  the  procedures  prescribed  in
 section 410.91 of the criminal procedure law.
   8. ALTERNATIVE SENTENCE FOR CERTAIN CLASS D OR E FELONY. WHEN A SECOND
 FELONY OFFENDER IS SENTENCED FOR A CLASS D OR CLASS E FELONY, OTHER THAN
 AN OFFENSE DEFINED IN ARTICLE ONE HUNDRED TWENTY-FIVE OF THIS CHAPTER OR
 AN  OFFENSE REQUIRING REGISTRATION AS A SEX OFFENDER PURSUANT TO ARTICLE
 SIX-C OF THE CORRECTION LAW, AND THE COURT, HAVING REGARD TO THE  NATURE
 AND  CIRCUMSTANCES  OF THE CRIME AND TO THE HISTORY AND CHARACTER OF THE
 DEFENDANT, IS OF THE OPINION THAT IT WOULD BE UNDULY HARSH TO  IMPOSE  A
 DETERMINATE  SENTENCE  OF  IMPRISONMENT, THE COURT MAY IMPOSE A DEFINITE
 SENTENCE OF IMPRISONMENT AND FIX A TERM OF ONE YEAR OR LESS, OR  IT  MAY
 SENTENCE  THE  DEFENDANT  TO  PROBATION  PURSUANT  TO  THE PROVISIONS OF
 SECTION 65.00 OF THIS TITLE, OR IT MAY IMPOSE BOTH A  DEFINITE  SENTENCE
 OF IMPRISONMENT AND A SENTENCE OF PROBATION AS PROVIDED FOR IN PARAGRAPH
 (D) OF SUBDIVISION TWO OF SECTION 60.01 OF THIS TITLE.
   §  12.  Paragraph  (f)  of subdivision 2 of section 70.45 of the penal
 law, as amended by chapter 7 of the laws of 2007, is  amended  and  such
 subdivision  is amended by adding five new paragraphs (g), (h), (i), (j)
 and (k) to read as follows:
   (f) such period shall be not less than two and one-half years nor more
 than five years whenever  a  determinate  sentence  of  imprisonment  is
 imposed  pursuant  to subdivision three of section 70.02 of this article
 upon a conviction of a class B or class C violent felony offense[.];
   (G) SUCH PERIOD SHALL BE NOT LESS THAN ONE YEAR  NOR  MORE  THAN  FIVE
 YEARS  WHENEVER A DETERMINATE SENTENCE OF IMPRISONMENT IS IMPOSED PURSU-
 ANT TO PARAGRAPH (A) OF SUBDIVISION THREE-A OF  SECTION  70.00  OF  THIS
 ARTICLE  OR  PARAGRAPH  (A) OF SUBDIVISION FIVE OF SECTION 70.06 OF THIS
 ARTICLE UPON A CONVICTION OF A CLASS B, C OR D FELONY OFFENSE;
   (H) SUCH PERIOD SHALL BE NOT LESS THAN ONE YEAR NOR  MORE  THAN  THREE
 YEARS  WHENEVER A DETERMINATE SENTENCE OF IMPRISONMENT IS IMPOSED PURSU-
 ANT TO PARAGRAPH (A) OF SUBDIVISION THREE-A OF  SECTION  70.00  OF  THIS
 ARTICLE  OR  PARAGRAPH  (A) OF SUBDIVISION FIVE OF SECTION 70.06 OF THIS
 ARTICLE UPON A CONVICTION OF A CLASS E FELONY OFFENSE;
   (I) SUCH PERIOD SHALL BE NOT LESS THAN ONE YEAR NOR  MORE  THAN  THREE
 YEARS  WHENEVER A DETERMINATE SENTENCE OF IMPRISONMENT IS IMPOSED PURSU-
 ANT TO PARAGRAPH (B) OF SUBDIVISION THREE-A OF  SECTION  70.00  OF  THIS
 ARTICLE  OR  PARAGRAPH  (B) OF SUBDIVISION FIVE OF SECTION 70.06 OF THIS
 ARTICLE UPON A CONVICTION OF A CLASS B OR CLASS C FELONY OFFENSE;
   (J) SUCH PERIOD SHALL BE NOT LESS THAN ONE  YEAR  NOR  MORE  THAN  TWO
 YEARS  WHENEVER A DETERMINATE SENTENCE OF IMPRISONMENT IS IMPOSED PURSU-
 ANT TO PARAGRAPH (B) OF SUBDIVISION THREE-A OF  SECTION  70.00  OF  THIS
 ARTICLE  OR  PARAGRAPH  (B) OF SUBDIVISION FIVE OF SECTION 70.06 OF THIS
 ARTICLE UPON A CONVICTION OF A CLASS D FELONY OFFENSE;
   (K) SUCH PERIOD SHALL BE NOT LESS THAN ONE YEAR WHENEVER A DETERMINATE
 SENTENCE OF IMPRISONMENT IS IMPOSED PURSUANT TO PARAGRAPH (B) OF  SUBDI-
 VISION  THREE-A  OF  SECTION  70.00  OF THIS ARTICLE OR PARAGRAPH (B) OF

 S. 2005--A                         36                         A. 3005--A
 
 SUBDIVISION FIVE OF SECTION 70.06 OF THIS ARTICLE UPON A CONVICTION OF A
 CLASS E FELONY OFFENSE.
   §  13.  Section  105.15 of the penal law, as amended by chapter 422 of
 the laws of 1978, is amended to read as follows:
 § 105.15 Conspiracy in the second degree.
   A person is guilty of conspiracy  in  the  second  degree  when,  with
 intent that conduct constituting:
   (1)  a  class  A  felony DEFINED IN ARTICLE TWO HUNDRED TWENTY OF THIS
 CHAPTER be performed, he OR SHE agrees  with  one  or  more  persons  to
 engage in or cause the performance of such conduct; OR
   (2) A CLASS A FELONY NOT DEFINED IN ARTICLE TWO HUNDRED TWENTY OF THIS
 CHAPTER  BE  PERFORMED,  HE  OR  SHE  AGREES WITH ONE OR MORE PERSONS TO
 ENGAGE IN OR CAUSE THE PERFORMANCE OF SUCH CONDUCT.
   Conspiracy in the second degree, AS DEFINED IN SUBDIVISION ONE OF THIS
 SECTION, is a class B felony.
   CONSPIRACY IN THE SECOND DEGREE, AS DEFINED IN SUBDIVISION TWO OF THIS
 SECTION, IS A CLASS C VIOLENT FELONY OFFENSE.
   § 14. The closing paragraph of section 230.32 of  the  penal  law,  as
 added by chapter 627 of the laws of 1978, is amended to read as follows:
   Promoting  prostitution  in  the  first degree is a class [B felony] C
 VIOLENT FELONY OFFENSE.
   § 15. The closing paragraph of section 215.13 of  the  penal  law,  as
 added by chapter 664 of the laws of 1982, is amended to read as follows:
   Tampering  with  a witness in the first degree is a class [B felony] C
 VIOLENT FELONY OFFENSE.
   § 16. The closing paragraph of section 215.12 of  the  penal  law,  as
 added by chapter 664 of the laws of 1982, is amended to read as follows:
   Tampering with a witness in the second degree is a class [D] C felony.
   §  17.  The  closing  paragraph of section 215.16 of the penal law, as
 added by chapter 667 of the laws of 1985, is amended to read as follows:
   Intimidating a victim or witness in the second degree is a class [D] C
 felony.
   § 18. The closing paragraph of section 215.52 of  the  penal  law,  as
 amended  by  chapter  350  of  the  laws  of 2006, is amended to read as
 follows:
   Aggravated criminal contempt is a class [D] C felony.
   § 19. The closing paragraph of section 215.51 of  the  penal  law,  as
 amended  by  chapter  222  of  the  laws  of 1994, is amended to read as
 follows:
   Criminal contempt in the first degree is a class [E] D felony.
   § 20. Subdivision 4 of section 60.05 of the penal law, as  amended  by
 chapter 738 of the laws of 2004, is amended to read as follows:
   4.  Certain  class  C felonies. Except as provided in subdivision six,
 every person convicted of a class C violent felony offense as defined in
 subdivision one of section 70.02 of this title,  must  be  sentenced  to
 imprisonment in accordance with section 70.02 of this title; and, except
 as  provided  in subdivision six of this section, every person convicted
 of the class C felonies of: attempt to commit any of the class  B  felo-
 nies  of bribery in the first degree as defined in section 200.04, bribe
 receiving in the first degree as defined in section  200.12,  conspiracy
 in  the second degree as defined in section 105.15 and criminal mischief
 in the first degree as defined in section 145.12; criminal usury in  the
 first degree as defined in section 190.42, rewarding official misconduct
 in  the  first degree as defined in section 200.22, receiving reward for
 official misconduct in the first degree as defined  in  section  200.27,
 [attempt  to  promote  prostitution  in  the  first degree as defined in

 S. 2005--A                         37                         A. 3005--A

 section 230.32,] promoting prostitution in the second degree as  defined
 in  section  230.30,  arson  in  the  third degree as defined in section
 150.10 of this chapter, must be sentenced to imprisonment in  accordance
 with section 70.00 of this title.
   §  21.  Paragraph  (b)  of subdivision 1 of section 70.02 of the penal
 law, as amended by chapter 1 of the laws of 2013, is amended to read  as
 follows:
   (b)  Class  C violent felony offenses: an attempt to commit any of the
 class B felonies set forth in paragraph (a) of this subdivision;  aggra-
 vated criminally negligent homicide as defined in section 125.11, aggra-
 vated  manslaughter  in  the second degree as defined in section 125.21,
 aggravated sexual abuse in the  second  degree  as  defined  in  section
 130.67, assault on a peace officer, police officer, fireman or emergency
 medical services professional as defined in section 120.08, assault on a
 judge as defined in section 120.09, gang assault in the second degree as
 defined  in section 120.06, strangulation in the first degree as defined
 in section 121.13, burglary in the second degree as defined  in  section
 140.25, robbery in the second degree as defined in section 160.10, crim-
 inal  possession  of a weapon in the second degree as defined in section
 265.03, criminal use of a firearm in the second  degree  as  defined  in
 section  265.08,  criminal  sale  of  a  firearm in the second degree as
 defined in section 265.12, criminal sale of a firearm with the aid of  a
 minor  as defined in section 265.14, aggravated criminal possession of a
 weapon as defined in section 265.19, soliciting or providing support for
 an act of terrorism in the first degree as defined  in  section  490.15,
 hindering  prosecution  of  terrorism in the second degree as defined in
 section 490.30, [and]  criminal  possession  of  a  chemical  weapon  or
 biological  weapon  in  the  third  degree as defined in section 490.37,
 CONSPIRACY IN THE SECOND DEGREE AS DEFINED IN SUBDIVISION TWO OF SECTION
 105.15, PROMOTING PROSTITUTION IN THE FIRST DEGREE AS DEFINED IN SECTION
 230.32, AND TAMPERING WITH A WITNESS IN THE FIRST DEGREE AS  DEFINED  IN
 SECTION 215.13.
   §  22.  Subdivision  d  of section 74 of chapter 3 of the laws of 1995
 enacting the sentencing reform act of 1995, as amended by section 19  of
 part B of chapter 55 of the laws of 2015, is amended to read as follows:
   [d.  Sections  one-a through twenty, twenty-four through twenty-eight,
 thirty through thirty-nine, forty-two and forty-four of this  act  shall
 be deemed repealed on September 1, 2017;]
   §  23.  This  act  shall  take effect April 1, 2017, provided, however
 sections six and seven of this act shall take effect June 1,  2017;  and
 provided,  further,  that  sections  nine through twenty-two of this act
 shall take effect on the one hundred twentieth day after it  shall  have
 become  a  law  and  shall  apply to offenses committed on or after such
 date.
 
                                  PART F
 
   Section 1. Subdivision 2 of section 216 of the executive law is renum-
 bered subdivision 3 and a new subdivision 2 is added to read as follows:
   2. THERE SHALL BE WITHIN THE BUREAU OF CRIMINAL INVESTIGATION  A  HATE
 CRIME  TASK  FORCE. THE SUPERINTENDENT SHALL ASSIGN TO IT SUCH PERSONNEL
 AS MAY BE REQUIRED FOR THE PURPOSE  OF  PREVENTING,  INVESTIGATING,  AND
 DETECTING HATE CRIMES AS DEFINED IN ARTICLE FOUR HUNDRED EIGHTY-FIVE AND
 SECTIONS  240.30 AND 240.31 OF THE PENAL LAW. THE TASK FORCE SHALL ISSUE
 REPORTS AND PUBLICATIONS, IN CONJUNCTION  WITH  THE  DIVISION  OF  HUMAN
 RIGHTS,  IN ORDER TO: INFORM PERSONS OF ALL RIGHTS AND REMEDIES, INCLUD-

 S. 2005--A                         38                         A. 3005--A
 
 ING PENALTIES, PROVIDED UNDER ARTICLE FIFTEEN OF THIS CHAPTER AS WELL AS
 ARTICLE FOUR HUNDRED EIGHTY-FIVE AND SECTIONS 240.30 AND 240.31  OF  THE
 PENAL  LAW  AND  TO  COMBAT AGAINST DISCRIMINATION BECAUSE OF AGE, RACE,
 CREED, COLOR, NATIONAL ORIGIN, SEXUAL ORIENTATION, MILITARY STATUS, SEX,
 DISABILITY,  FAMILIAL  STATUS,  DOMESTIC VIOLENCE VICTIM STATUS, GENETIC
 PREDISPOSITION STATUS, OR MARITAL STATUS.
   § 2. The first report issued by the hate crime task force, as required
 in subdivision 2 of section 216 of the executive law,  shall  be  issued
 within  ninety  days  of  the  effective  date of this act.   Subsequent
 reports shall be issued annually thereafter.
   § 3. This act shall take effect immediately.
 
                                  PART G
 
   Section 1. Subdivisions 11 and 12 of section 631 of the executive law,
 subdivision 11 as added by chapter 543 of the laws of 1995 and  subdivi-
 sion  12  as  amended by chapter 188 of the laws of 2014, are amended to
 read as follows:
   11. Notwithstanding the provisions of subdivisions one, two and  three
 of  this section, an individual who was a victim of either the crime of:
 MENACING IN THE SECOND DEGREE AS DEFINED IN SUBDIVISION ONE  OF  SECTION
 120.14  OF  THE  PENAL  LAW;  MENACING IN THE THIRD DEGREE AS DEFINED IN
 SECTION 120.15 OF THE PENAL LAW;  unlawful  imprisonment  in  the  first
 degree  as  defined in section 135.10 of the penal law[,]; kidnapping in
 the second degree as defined in section 135.20 of the  penal  law  [or];
 kidnapping in the first degree as defined in section 135.25 of the penal
 law;  CRIMINAL  MISCHIEF  IN THE FOURTH DEGREE AS DEFINED IN SUBDIVISION
 FOUR OF SECTION 145.00 OF THE PENAL LAW; ROBBERY IN THE THIRD DEGREE  AS
 DEFINED IN SECTION 160.05 OF THE PENAL LAW; ROBBERY IN THE SECOND DEGREE
 AS  DEFINED IN SUBDIVISION ONE, PARAGRAPH B OF SUBDIVISION TWO OR SUBDI-
 VISION THREE OF SECTION 160.10 OF THE PENAL LAW; OR ROBBERY IN THE FIRST
 DEGREE AS DEFINED IN SUBDIVISIONS TWO, THREE AND FOUR OF SECTION  160.15
 OF  THE PENAL LAW who has not been physically injured as a direct result
 of such crime shall only be eligible for an award that includes loss  of
 earnings  [or support] and the unreimbursed costs of counseling provided
 to such victim on account of mental or emotional stress  resulting  from
 the incident in which the crime occurred.
   12.  Notwithstanding the provisions of subdivisions one, two and three
 of this section, an individual who was a victim of either the  crime  of
 menacing  in the second degree as defined in subdivision two or three of
 section 120.14 of the penal law, menacing in the first degree as defined
 in section 120.13 of the penal law, criminal obstruction of breathing or
 blood circulation as defined in section 121.11 of the penal law, harass-
 ment in the second degree as defined in [subdivision two  or  three  of]
 section  240.26  of  the  penal  law,  harassment in the first degree as
 defined in section 240.25 of the penal law, aggravated harassment in the
 second degree as defined in subdivision THREE OR five of section  240.30
 of  the  penal law, aggravated harassment in the first degree as defined
 in subdivision two of section 240.31 of the penal law, criminal contempt
 in the first degree as defined in [paragraph (ii) or (iv)  of]  subdivi-
 sion  (b)  or  subdivision  (c)  of  section 215.51 of the penal law, or
 stalking in the fourth, third, second or  first  degree  as  defined  in
 sections 120.45, 120.50, 120.55 and 120.60 of the penal law, respective-
 ly,  OR  A  HATE CRIME AS DEFINED IN SECTION 485.05 OF THE PENAL LAW who
 has not been physically injured as a direct result of such  crime  shall
 only  be eligible for an award that includes loss of earning or support,

 S. 2005--A                         39                         A. 3005--A
 
 the unreimbursed cost of repair or  replacement  of  essential  personal
 property  that has been lost, damaged or destroyed as a direct result of
 such crime, the unreimbursed cost for security devices  to  enhance  the
 personal protection of such victim, transportation expenses incurred for
 necessary  court  [expenses]  APPEARANCES  in connection with the prose-
 cution of such crime, the unreimbursed costs of counseling  provided  to
 such  victim on account of mental or emotional stress resulting from the
 incident in which the crime occurred, THE UNREIMBURSED COST OF  SECURING
 A  CRIME  SCENE, reasonable relocation expenses, and for occupational or
 job training.
   § 2. This act shall take effect on the one hundred eightieth day after
 it shall have become law, and apply to all claims filed on or after such
 effective date.
 
                                  PART H
 
   Section 1. Subdivision 5 of section  621  of  the  executive  law,  as
 amended  by  chapter  74  of  the  laws  of  2007, is amended to read as
 follows:
   5. "Victim" shall mean (a) a  person  who  suffers  personal  physical
 injury  as a direct result of a crime; (b) a person who is the victim of
 either the crime of (1) unlawful imprisonment in  the  first  degree  as
 defined in section 135.10 of the penal law, (2) kidnapping in the second
 degree  as defined in section 135.20 of the penal law, (3) kidnapping in
 the first degree as defined in section 135.25  of  the  penal  law,  (4)
 MENACING  IN  THE FIRST DEGREE AS DEFINED IN SECTION 120.13 OF THE PENAL
 LAW, (5) CRIMINAL OBSTRUCTION  OF  BREATHING  OR  BLOOD  CIRCULATION  AS
 DEFINED IN SECTION 121.11 OF THE PENAL LAW, (6) HARASSMENT IN THE SECOND
 DEGREE  AS DEFINED IN SECTION 240.26 OF THE PENAL LAW, (7) HARASSMENT IN
 THE FIRST DEGREE AS DEFINED IN SECTION 240.25  OF  THE  PENAL  LAW,  (8)
 AGGRAVATED  HARASSMENT  IN  THE  SECOND DEGREE AS DEFINED IN SUBDIVISION
 THREE OR FIVE OF SECTION 240.30 OF THE PENAL LAW, (9) AGGRAVATED HARASS-
 MENT IN THE FIRST DEGREE AS DEFINED IN SUBDIVISION TWO OF SECTION 240.31
 OF THE PENAL LAW, (10) CRIMINAL CONTEMPT IN THE FIRST DEGREE AS  DEFINED
 IN  SUBDIVISION  (B)  OR  SUBDIVISION (C) OF SECTION 215.51 OF THE PENAL
 LAW, (11) STALKING IN THE FOURTH,  THIRD,  SECOND  OR  FIRST  DEGREE  AS
 DEFINED  IN SECTIONS 120.45, 120.50, 120.55 AND 120.60 OF THE PENAL LAW,
 (12) labor trafficking as defined in section 135.35 of the penal law, or
 [(5)] (13) sex trafficking as defined in section  230.34  of  the  penal
 law;  A  VULNERABLE ELDERLY PERSON OR AN INCOMPETENT OR PHYSICALLY DISA-
 BLED PERSON AS DEFINED IN SECTION 260.31 OF THE PENAL LAW WHO  INCURS  A
 LOSS  OF  SAVINGS AS DEFINED IN SUBDIVISION TWENTY-FOUR OF THIS SECTION;
 or a person who has had a frivolous lawsuit filed against them.
   § 2. Section 621 of the executive law  is  amended  by  adding  a  new
 subdivision 24 to read as follows:
   24.  "LOSS  OF  SAVINGS" SHALL MEAN THE RESULT OF ANY ACT OR SERIES OF
 ACTS OF LARCENY AS DEFINED IN ARTICLE  ONE  HUNDRED  FIFTY-FIVE  OF  THE
 PENAL LAW, INDICATED BY A CRIMINAL JUSTICE AGENCY AS DEFINED IN SUBDIVI-
 SION  ONE  OF  SECTION  SIX HUNDRED THIRTY-ONE OF THIS ARTICLE, IN WHICH
 CASH IS STOLEN FROM A VULNERABLE ELDERLY PERSON  OR  AN  INCOMPETENT  OR
 PHYSICALLY  DISABLED  PERSON  AS  DEFINED IN SECTION 260.31 OF THE PENAL
 LAW.
   § 3. Subdivision 2 of section 631 of the executive law, as amended  by
 chapter 162 of the laws of 2008, is amended to read as follows:
   2.  Any  award made pursuant to this article shall be in an amount not
 exceeding  out-of-pocket  expenses,  including  indebtedness  reasonably

 S. 2005--A                         40                         A. 3005--A
 
 incurred  for  medical  or  other  services necessary as a result of the
 injury upon which the claim  is  based;  loss  of  earnings  or  support
 resulting  from  such injury not to exceed thirty thousand dollars; LOSS
 OF  SAVINGS  NOT  TO EXCEED THIRTY THOUSAND DOLLARS; burial expenses not
 exceeding six thousand dollars of a victim who died as a  direct  result
 of  a  crime;  the  costs of crime scene cleanup and securing of a crime
 scene not exceeding twenty-five hundred dollars;  reasonable  relocation
 expenses not exceeding twenty-five hundred dollars; and the unreimbursed
 cost of repair or replacement of articles of essential personal property
 lost, damaged or destroyed as a direct result of the crime. An award for
 loss  of earnings shall include earnings lost by a parent or guardian as
 a result of the hospitalization of a child victim under age eighteen for
 injuries sustained as a direct result of a crime.   In addition  to  the
 medical or other services necessary as a result of the injury upon which
 the claim is based, an award may be made for rehabilitative occupational
 training for the purpose of job retraining or similar employment-orient-
 ed rehabilitative services based upon the claimant's medical and employ-
 ment  history. For the purpose of this subdivision, rehabilitative occu-
 pational training shall  include  but  not  be  limited  to  educational
 training and expenses. An award for rehabilitative occupational training
 may  be made to a victim, or to a family member of a victim where neces-
 sary as a direct result of a crime.
   § 4. Section 631 of the executive law  is  amended  by  adding  a  new
 subdivision 3-a to read as follows:
   3-A. ANY AWARD MADE FOR LOSS OF SAVINGS SHALL, UNLESS REDUCED PURSUANT
 TO OTHER PROVISIONS OF THIS ARTICLE, BE IN AN AMOUNT EQUAL TO THE ACTUAL
 LOSS SUSTAINED.
   §  5.  Subdivision 5 of section 631 of the executive law is amended by
 adding a new paragraph (f) to read as follows:
   (F) NOTWITHSTANDING THE PROVISIONS OF PARAGRAPH (A) OF  THIS  SUBDIVI-
 SION,  THE OFFICE SHALL DISREGARD FOR THIS PURPOSE THE RESPONSIBILITY OF
 THE VICTIM FOR HIS OR HER OWN LOSS OF SAVINGS.
   § 6. Section 631 of the executive law  is  amended  by  adding  a  new
 subdivision 8-a to read as follows:
   8-A.  NOTWITHSTANDING  THE  PROVISIONS  OF  SUBDIVISION  ONE  OF  THIS
 SECTION, A VULNERABLE ELDERLY PERSON OR  AN  INCOMPETENT  OR  PHYSICALLY
 DISABLED  PERSON, AS DEFINED IN SECTION 260.31 OF THE PENAL LAW, WHO HAS
 NOT BEEN PHYSICALLY INJURED AS A DIRECT RESULT  OF  A  CRIME,  SHALL  BE
 ELIGIBLE FOR AN AWARD THAT INCLUDES LOSS OF SAVINGS.
   § 7. This act shall take effect on the one hundred eightieth day after
 it  shall  have  become a law, and shall apply to all claims filed on or
 after such effective date.
 
                                  PART I
 
   Section 1. The executive law is amended by adding a new section  203-a
 to read as follows:
   § 203-A. ADDITIONAL DUTIES OF THE COMMISSIONER REGARDING FLOOD RELATED
 LOSSES.  IN  ACCORDANCE  WITH  44 CFR 75.11 OF THE CODE OF FEDERAL REGU-
 LATIONS, IN THE EVENT THAT STATE-OWNED STRUCTURES AND THEIR CONTENTS ARE
 DAMAGED AS THE RESULT OF  FLOOD  RELATED  LOSSES,  FLOOD,  AND/OR  FLOOD
 RELATED  HAZARDS  OCCURRING IN AREAS IDENTIFIED BY THE FEDERAL INSURANCE
 ADMINISTRATOR AS A, AO, AH,  A1-30,  AE,  AR,  AR/A1-30,  AR/AE,  AR/AO,
 AR/AH,  AR/A, A99, M, V, VO, V1-30, VE, AND E ZONES, THE COMMISSIONER OF
 GENERAL SERVICES SHALL PAY AN AMOUNT NOT LESS THAN THE LIMITS OF  COVER-
 AGE  THAT  WOULD  BE APPLICABLE IF SUCH STATE-OWNED STRUCTURES AND THEIR

 S. 2005--A                         41                         A. 3005--A
 
 CONTENTS HAD BEEN COVERED  BY  STANDARD  FLOOD  INSURANCE  POLICIES,  AS
 DEFINED  IN  44 CFR 59.1, FOR THE REPAIR, RESTORATION, OR REPLACEMENT OF
 SUCH STATE-OWNED STRUCTURES AND CONTENTS, AND SHALL MAINTAIN AND UPDATE,
 NOT  LESS  FREQUENTLY  THAN  ANNUALLY,  AN  INVENTORY OF ALL STATE-OWNED
 STRUCTURES AND THEIR CONTENTS WITHIN SUCH ZONES.
   § 2. This act shall take effect immediately.
 
                                  PART J
 
   Section 1. Short title. This act shall be known and may  be  cited  as
 the "New York Buy American Act".
   § 2. The state finance law is amended by adding a new section 146-a to
 read as follows:
   § 146-A. AMERICAN MATERIALS.  1. DEFINITIONS. FOR THE PURPOSES OF THIS
 SECTION,  THE  FOLLOWING  TERMS SHALL HAVE THE FOLLOWING MEANINGS UNLESS
 SPECIFIED OTHERWISE:
   (A) "EXECUTIVE" MEANS THE EXECUTIVE HEAD OF A STATE ENTITY AS  DEFINED
 IN PARAGRAPH (H) OF THIS SUBDIVISION.
   (B)  "COMPONENT"  MEANS ANY ARTICLE, MATERIAL OR SUPPLY, WHETHER MANU-
 FACTURED OR UNMANUFACTURED, THAT IS DIRECTLY INCORPORATED INTO  THE  END
 PRODUCT  AT THE FINAL ASSEMBLY LOCATION. A COMPONENT MAY BE MANUFACTURED
 AT THE FINAL ASSEMBLY LOCATION IF THE MANUFACTURING PROCESS  TO  PRODUCE
 THE COMPONENT IS AN ACTIVITY SEPARATE AND DISTINCT FROM THE FINAL ASSEM-
 BLY  OF  THE END PRODUCT. FOR A COMPONENT TO BE MANUFACTURED IN AMERICA,
 MORE THAN SIXTY PERCENT OF THE SUBCOMPONENTS OF THAT COMPONENT, BY COST,
 MUST BE OF DOMESTIC ORIGIN AND THE MANUFACTURE  OF  THE  COMPONENT  MUST
 TAKE PLACE IN THE UNITED STATES. IF A COMPONENT IS DETERMINED TO BE MADE
 IN  AMERICA,  ITS ENTIRE COST MAY BE USED IN CALCULATING THE COST OF THE
 UNITED STATES CONTENT OF AN END PRODUCT.
   (C) "CONTRACTOR" SHALL MEAN ANY  PERSON,  FIRM,  BUSINESS  ENTERPRISE,
 INCLUDING  A SOLE PROPRIETORSHIP, PARTNERSHIP, LIMITED LIABILITY COMPANY
 OR CORPORATION, ASSOCIATION, NOT-FOR-PROFIT CORPORATION,  OR  ANY  OTHER
 PARTY  TO A STATE CONTRACT, AS DEFINED IN PARAGRAPH (I) OF THIS SUBDIVI-
 SION, WITH A STATE ENTITY.
   (D) "END PRODUCT" OR "PRODUCT" MEANS THE ULTIMATE ITEM OR ITEMS TO  BE
 PROCURED  UNDER  THE STATE CONTRACT (SUCH AS A VEHICLE, STRUCTURE, ARTI-
 CLE, MATERIAL, SUPPLY, SYSTEM OR PROJECT) WHICH MAY DIRECTLY INCORPORATE
 CONSTITUENT COMPONENTS, AND WHICH IS READY TO PROVIDE ITS  INTENDED  END
 FUNCTION  OR  USE  WITHOUT  FURTHER  MANUFACTURING OR ASSEMBLY CHANGE OR
 CHANGES.  EXCLUDED FROM THIS DEFINITION ARE (I) STEEL PRODUCTS  PROCURED
 IN  ACCORDANCE  WITH SECTION ONE HUNDRED FORTY-SIX OF THIS ARTICLE; (II)
 ENERGY, ELECTRICITY, FUEL AND OTHER PETROLEUM PRODUCTS; AND (III)  SOFT-
 WARE PRODUCTS SUCH AS SOFTWARE, MICROPROCESSORS, COMPUTERS, MICROCOMPUT-
 ERS, AND OTHER SUCH PRODUCTS USED FOR THE PURPOSE OF PROCESSING OR STOR-
 ING DATA.
   (E)  "MANUFACTURED  PRODUCT" MEANS AN ITEM PRODUCED AS A RESULT OF THE
 MANUFACTURING PROCESS.
   (F) "MANUFACTURING PROCESS" MEANS  THE  APPLICATION  OF  PROCESSES  TO
 ALTER  THE FORM OR FUNCTION OF MATERIALS OR ELEMENTS OF THE PRODUCT IN A
 MANNER ADDING VALUE AND TRANSFORMING THOSE MATERIALS OR ELEMENTS SO THAT
 THEY REPRESENT A NEW END PRODUCT FUNCTIONALLY DIFFERENT FROM THAT  WHICH
 WOULD RESULT FROM MERE ASSEMBLY OF THE ELEMENTS OR MATERIALS.
   (G)  "MANUFACTURED  IN  AMERICA",  WITH RESPECT TO AN END PRODUCT THAT
 DIRECTLY INCORPORATES CONSTITUENT COMPONENTS, MEANS:
   (I) THE FINAL ASSEMBLY AND/OR  MANUFACTURE  OF  THE  END  PRODUCT  (AS
 APPLICABLE) TAKES PLACE IN THE UNITED STATES; AND

 S. 2005--A                         42                         A. 3005--A
 
   (II)  MORE THAN SIXTY PERCENT OF THE COMPONENTS OF THE END PRODUCT, BY
 COST, ARE OF UNITED STATES ORIGIN.
   (III)  "MANUFACTURED  IN  AMERICA",  WITH RESPECT TO THE PURCHASE OF A
 PRODUCT OR MATERIAL  THAT  DOES  NOT  DIRECTLY  INCORPORATE  CONSTITUENT
 COMPONENTS,  MEANS  THE PRODUCT OR MATERIAL IS MINED, GROWN, OR PRODUCED
 IN WHOLE OR IN SUBSTANTIAL PART WITHIN THE UNITED STATES.
   (H) "STATE ENTITY" MEANS A STATE AGENCY AS DEFINED IN PARAGRAPH (A) OF
 SUBDIVISION 11 OF SECTION THREE HUNDRED TEN OF THE EXECUTIVE LAW.
   (I) "STATE CONTRACT" MEANS:
   (I) A WRITTEN AGREEMENT IN EXCESS  OF  ONE  HUNDRED  THOUSAND  DOLLARS
 WHEREBY  A  STATE ENTITY IS COMMITTED TO EXPEND OR DOES EXPEND FUNDS FOR
 PRODUCTS, INCLUDING  PRODUCTS  USED  IN  THE  CONSTRUCTION,  DEMOLITION,
 REPLACEMENT,  MAJOR  REPAIR  OR RENOVATION OF REAL PROPERTY AND IMPROVE-
 MENTS THEREON;
   (II) LEASES OF REAL PROPERTY BY A STATE ENTITY TO A LESSEE  WHERE  THE
 TERMS  OF  SUCH LEASES PROVIDE FOR THE STATE ENTITY TO BE ENGAGED IN THE
 PURCHASE OF PRODUCTS FOR CONSTRUCTION,  DEMOLITION,  REPLACEMENT,  MAJOR
 REPAIR  OR RENOVATION OF REAL PROPERTY AND IMPROVEMENTS THEREON, AND THE
 COST OF SUCH CONSTRUCTION,  DEMOLITION,  REPLACEMENT,  MAJOR  REPAIR  OR
 RENOVATION OF REAL PROPERTY AND IMPROVEMENTS THEREON IS IN EXCESS OF ONE
 HUNDRED THOUSAND DOLLARS.
   (J)  "SUBCOMPONENT" IS ANY ARTICLE, MATERIAL, OR SUPPLY, WHETHER MANU-
 FACTURED OR UNMANUFACTURED, THAT IS ONE STEP REMOVED FROM A COMPONENT IN
 THE MANUFACTURING PROCESS AND  THAT  IS  INCORPORATED  DIRECTLY  INTO  A
 COMPONENT.
   (K)  "UNITED  STATES" MEANS THE UNITED STATES OF AMERICA, THE DISTRICT
 OF COLUMBIA AND INCLUDES ALL TERRITORY, CONTINENTAL OR INSULAR,  SUBJECT
 TO THE JURISDICTION OF THE UNITED STATES.
   2.  PROCUREMENTS  SUBJECT  TO THE PROVISIONS OF THIS SECTION. (A) THIS
 SECTION SHALL APPLY TO ALL STATE CONTRACTS AS  DEFINED  IN  SUBPARAGRAPH
 (I)  OF  SUBDIVISION  ONE  OF THIS SECTION AND ALL REQUESTS FOR BIDS AND
 PROPOSALS FOR SUCH CONTRACTS, WHICH SHALL  STATE  THAT,  NOTWITHSTANDING
 THE PROVISIONS OF SECTIONS 135 AND 163 OF THE STATE FINANCE LAW, SECTION
 8  OF  THE  PUBLIC BUILDINGS LAW, SECTION 38 OF THE HIGHWAY LAW, AND ANY
 OTHER LAW TO THE CONTRARY, A PREFERENCE IS GIVEN TO BIDDERS  AND  PROPO-
 SERS  WHO AGREE TO PROVIDE PRODUCTS MANUFACTURED IN AMERICA, AND BIDDERS
 AND PROPOSERS, IN THEIR BIDS OR PROPOSALS, SHALL: (I)  STATE  THAT  THEY
 AGREE  TO MEET SUCH REQUIREMENT; OR (II) STATE IN DETAIL WHY THEY CANNOT
 MEET SUCH REQUIREMENT.
   (B) NO BIDDER OR PROPOSER ON A STATE CONTRACT SUBJECT TO THIS  SECTION
 SHALL  BE  DEEMED  TO BE THE LOWEST RESPONSIVE AND RESPONSIBLE BIDDER OR
 PROPOSER UNLESS: (I) THE BIDDER OR PROPOSER COMPLIES WITH THE PROVISIONS
 REQUIRED BY SUBPARAGRAPH (I) OF PARAGRAPH (A) OF  THIS  SUBDIVISION;  OR
 (II)  THE  EXECUTIVE  DETERMINES IN ACCORDANCE WITH SUBDIVISION THREE OF
 THIS SECTION THAT THE PROVISIONS OF THIS SECTION SHALL NOT APPLY TO  THE
 SUBJECT PROCUREMENT.
   3. EXEMPTIONS. THIS SECTION SHALL NOT APPLY IN ANY CASE OR CATEGORY OF
 CASES  IN  WHICH  THE EXECUTIVE, OR HIS OR HER DESIGNEE, FINDS IN HIS OR
 HER SOLE DISCRETION THAT:
   (A) THE BEST INTERESTS OF THE STATE WILL BE SERVED  BY  EXEMPTING  THE
 PROCUREMENT  FROM  THE  REQUIREMENTS  OF THIS SECTION BASED UPON: (I) AN
 IMMEDIATE OR EMERGENCY NEED EXISTING FOR THE PRODUCT OR SERVICE; OR (II)
 A NEED TO PROTECT THE HEALTH, SAFETY, OR WELFARE OF PERSONS OCCUPYING OR
 VISITING A PUBLIC IMPROVEMENT OR PROPERTY LOCATED ADJACENT TO THE PUBLIC
 IMPROVEMENT; OR

 S. 2005--A                         43                         A. 3005--A
 
   (B) THE PRODUCT IS MANUFACTURED IN AMERICA BY  ONLY  ONE  MANUFACTURER
 AND: (I) A FOREIGN-MADE PRODUCT IS LESS EXPENSIVE AND OF EQUAL OR BETTER
 QUALITY OR DESIGN; OR (II) A FOREIGN-MADE PRODUCT IS OF SUPERIOR QUALITY
 OR  DESIGN  TO  COMPETING  AMERICAN PRODUCTS AND IS SOLD AT A REASONABLY
 COMPARABLE PRICE CONSIDERING THE SUPERIOR QUALITY OR DESIGN; OR
   (C)  A RECIPROCAL TRADE AGREEMENT OR TREATY HAS BEEN NEGOTIATED BY THE
 STATE OR BY THE UNITED STATES GOVERNMENT ON BEHALF OF OR INCLUDING  THIS
 STATE  WITH A FOREIGN NATION OR GOVERNMENT FOR NONDISCRIMINATORY GOVERN-
 MENTAL PROCUREMENT PRACTICES OR POLICIES WITH  SUCH  FOREIGN  NATION  OR
 GOVERNMENT; OR
   (D)  THE STATE CONTRACT IS SUBJECT TO FEDERAL FUNDING AND THE REQUIRE-
 MENTS OF SUCH FEDERAL FUNDING SUPERSEDE THIS SECTION; OR
   (E) THE SPECIFIED PRODUCTS ARE NOT MANUFACTURED IN AMERICA  IN  SUFFI-
 CIENT  QUANTITIES  OR QUALITY TO MEET THE STATE ENTITY'S REQUIREMENTS OR
 CANNOT BE MANUFACTURED IN AMERICA OR WITHIN THE NECESSARY TIME IN SUFFI-
 CIENT QUANTITIES OR OF SATISFACTORY QUALITY OR DESIGN TO MEET THE  AGEN-
 CY'S REQUIREMENTS; OR
   (F)  OBTAINING  THE  SPECIFIED  PRODUCTS MANUFACTURED IN AMERICA WOULD
 INCREASE THE COST OF THE CONTRACT BY AN UNREASONABLE AMOUNT, AS SUCH  IS
 DETERMINED BY THE EXECUTIVE; OR
   (G)  THE  APPLICATION  OF  THIS SECTION WOULD BE INCONSISTENT WITH THE
 PUBLIC INTEREST; OR
   (H) THE SPECIFIED PRODUCTS ARE  NECESSARY  FOR  THE  OPERATION  OF  OR
 REPAIRS OF CRITICAL INFRASTRUCTURE THAT IS NECESSARY TO AVOID A DELAY IN
 THE  DELIVERY  OF  CRITICAL  SERVICES  THAT  COULD COMPROMISE THE PUBLIC
 WELFARE.
   4. PRODUCT CERTIFICATIONS. (A) PRIOR TO THE CONTRACTOR DELIVERING  THE
 PRODUCT, THE CONTRACTOR MUST CERTIFY IN WRITING TO THE CONTRACTING STATE
 ENTITY  THAT  THE  PRODUCT IS MANUFACTURED IN AMERICA IN ACCORDANCE WITH
 THE REQUIREMENTS OF THIS SECTION, OR IF THE CONTRACTOR CANNOT SO  STATE,
 SHALL  SPECIFY  IN  SUCH  CERTIFICATION  ALL  RESPECTS IN WHICH IT WOULD
 PROVIDE PRODUCTS THAT DO NOT MEET THE DEFINITION CONTAINED  IN  SUBDIVI-
 SION ONE OF THIS SECTION.
   (B) THE CERTIFICATES REQUIRED BY THIS SECTION SHALL ADDITIONALLY SPEC-
 IFY SUCH INFORMATION AS THE EXECUTIVE SHALL REQUIRE.
   (C)  CERTIFICATES  REQUIRED BY THIS SECTION SHALL BE MAINTAINED BY THE
 STATE ENTITY FOR A PERIOD OF THREE YEARS.
   5. CONTRACTOR MISREPRESENTATION REGARDING SOURCE OF MATERIALS.  IF  IT
 HAS  BEEN  DETERMINED  BY  A  COURT  OR FEDERAL OR STATE ENTITY THAT ANY
 CONTRACTOR INTENTIONALLY: (A) AFFIXED A LABEL BEARING A "MADE IN  AMERI-
 CA"  INSCRIPTION, OR ANY INSCRIPTION WITH THE SAME MEANING, TO ANY MATE-
 RIALS USED IN STATE CONTRACTS TO WHICH THIS SECTION APPLIES,  THAT  WERE
 NOT  MADE  IN  AMERICA;  OR (B) REPRESENTED THAT MATERIALS USED IN STATE
 CONTRACTS TO WHICH THIS SECTION APPLIES THAT WERE NOT  PRODUCED  IN  THE
 UNITED  STATES, WERE PRODUCED IN THE UNITED STATES; THEN SUCH CONTRACTOR
 SHALL BE DEEMED NON-RESPONSIBLE AND SUCH DETERMINATION SHALL  BE  POSTED
 ON THE LIST OF NON-RESPONSIBLE ENTITIES MAINTAINED ON THE WEBSITE OF THE
 OFFICE OF GENERAL SERVICES.
   6.  TREATIES  AND  LAW  OF THE UNITED STATES TO SUPERSEDE.  NOTHING IN
 THIS SECTION IS INTENDED TO  CONTRAVENE  ANY  EXISTING  TREATIES,  LAWS,
 TRADE  AGREEMENTS,  OR  REGULATIONS  OF THE UNITED STATES. ALL CONTRACTS
 SUBJECT TO THIS SECTION SHALL BE ENTERED INTO IN ACCORDANCE WITH  EXIST-
 ING  TREATIES,  LAWS,  TRADE  AGREEMENTS,  OR  REGULATIONS OF THE UNITED
 STATES INCLUDING ALL TREATIES AND TRADE AGREEMENTS ENTERED INTO  BETWEEN
 FOREIGN   COUNTRIES   AND  THE  UNITED  STATES  REGARDING  EXPORT-IMPORT

 S. 2005--A                         44                         A. 3005--A
 
 RESTRICTIONS AND INTERNATIONAL TRADE AND SHALL NOT BE  IN  VIOLATION  OF
 THIS SECTION TO THE EXTENT OF SUCH ACCORDANCE.
   7.  CHALLENGES  TO  DETERMINATIONS  MADE BY STATE ENTITY OR EXECUTIVE.
 NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, ANY  DETERMINATION
 MADE  BY  A  STATE ENTITY OR EXECUTIVE PURSUANT TO THIS SECTION SHALL BE
 PRESUMED TO BE REASONABLE AND, TO THE EXTENT ANY SUCH  DETERMINATION  IS
 CHALLENGED: (A) THE BURDEN OF PROOF SHALL BE ON THE CHALLENGING PARTY TO
 PROVE  THAT  THE  DETERMINATION  WAS NOT REASONABLE; AND (B) THE SUBJECT
 AWARD AND PROJECT MAY PROCEED DURING THE PENDENCY OF ANY SAID CHALLENGE.
 ANY CHALLENGE TO ANY DETERMINATION MADE BY A STATE ENTITY  OR  EXECUTIVE
 PURSUANT  TO THIS SECTION MAY ONLY BE BROUGHT PURSUANT TO ARTICLE SEVEN-
 TY-EIGHT OF THE CIVIL PRACTICE LAW AND RULES AND SUCH CHALLENGE,  ACTION
 OR  PROCEEDING SHALL BE BROUGHT IN A VENUE DESIGNATED IN THE PROCUREMENT
 OR BID DOCUMENTS.
   § 3. Title 4 of article 9 of the public authorities law is amended  by
 adding a new section 2603-b to read as follows:
   § 2603-B. AMERICAN MATERIALS. 1. DEFINITIONS. FOR THE PURPOSES OF THIS
 SECTION,  THE  FOLLOWING  TERMS SHALL HAVE THE FOLLOWING MEANINGS UNLESS
 SPECIFIED OTHERWISE:
   (A) "EXECUTIVE" MEANS THE EXECUTIVE HEAD OF A STATE ENTITY AS  DEFINED
 IN PARAGRAPH (H) OF THIS SUBDIVISION.
   (B)  "COMPONENT"  MEANS ANY ARTICLE, MATERIAL OR SUPPLY, WHETHER MANU-
 FACTURED OR UNMANUFACTURED, THAT IS DIRECTLY INCORPORATED INTO  THE  END
 PRODUCT  AT THE FINAL ASSEMBLY LOCATION. A COMPONENT MAY BE MANUFACTURED
 AT THE FINAL ASSEMBLY LOCATION IF THE MANUFACTURING PROCESS  TO  PRODUCE
 THE COMPONENT IS AN ACTIVITY SEPARATE AND DISTINCT FROM THE FINAL ASSEM-
 BLY  OF  THE END PRODUCT. FOR A COMPONENT TO BE MANUFACTURED IN AMERICA,
 MORE THAN SIXTY PERCENT OF THE SUBCOMPONENTS OF THAT COMPONENT, BY COST,
 MUST BE OF DOMESTIC ORIGIN AND THE MANUFACTURE  OF  THE  COMPONENT  MUST
 TAKE PLACE IN THE UNITED STATES. IF A COMPONENT IS DETERMINED TO BE MADE
 IN  AMERICA,  ITS ENTIRE COST MAY BE USED IN CALCULATING THE COST OF THE
 UNITED STATES CONTENT OF AN END PRODUCT.
   (C) "CONTRACTOR" SHALL MEAN ANY  PERSON,  FIRM,  BUSINESS  ENTERPRISE,
 INCLUDING  A SOLE PROPRIETORSHIP, PARTNERSHIP, LIMITED LIABILITY COMPANY
 OR CORPORATION, ASSOCIATION, NOT-FOR-PROFIT CORPORATION,  OR  ANY  OTHER
 PARTY  TO A STATE CONTRACT, AS DEFINED IN PARAGRAPH (I) OF THIS SUBDIVI-
 SION, WITH A STATE ENTITY.
   (D) "END PRODUCT" OR "PRODUCT" MEANS THE ULTIMATE ITEM OR ITEMS TO  BE
 PROCURED  UNDER  THE STATE CONTRACT (SUCH AS A VEHICLE, STRUCTURE, ARTI-
 CLE, MATERIAL, SUPPLY, SYSTEM OR PROJECT) WHICH MAY DIRECTLY INCORPORATE
 CONSTITUENT COMPONENTS, AND WHICH IS READY TO PROVIDE ITS  INTENDED  END
 FUNCTION  OR  USE  WITHOUT  FURTHER  MANUFACTURING OR ASSEMBLY CHANGE OR
 CHANGES.  EXCLUDED FROM THIS DEFINITION ARE (I) STEEL PRODUCTS  PROCURED
 IN  ACCORDANCE  WITH  SECTION  TWENTY-SIX HUNDRED THREE-A OF THIS TITLE;
 (II) ENERGY, ELECTRICITY, FUEL AND OTHER PETROLEUM PRODUCTS;  AND  (III)
 SOFTWARE  PRODUCTS  SUCH AS SOFTWARE, MICROPROCESSORS, COMPUTERS, MICRO-
 COMPUTERS, AND OTHER SUCH PRODUCTS USED FOR THE PURPOSE OF PROCESSING OR
 STORING DATA.
   (E) "MANUFACTURED PRODUCT" MEANS AN ITEM PRODUCED AS A RESULT  OF  THE
 MANUFACTURING PROCESS.
   (F)  "MANUFACTURING  PROCESS"  MEANS  THE  APPLICATION OF PROCESSES TO
 ALTER THE FORM OR FUNCTION OF MATERIALS OR ELEMENTS OF THE PRODUCT IN  A
 MANNER ADDING VALUE AND TRANSFORMING THOSE MATERIALS OR ELEMENTS SO THAT
 THEY  REPRESENT A NEW END PRODUCT FUNCTIONALLY DIFFERENT FROM THAT WHICH
 WOULD RESULT FROM MERE ASSEMBLY OF THE ELEMENTS OR MATERIALS.

 S. 2005--A                         45                         A. 3005--A
 
   (G) "MANUFACTURED IN AMERICA", WITH RESPECT TO  AN  END  PRODUCT  THAT
 DIRECTLY INCORPORATES CONSTITUENT COMPONENTS, MEANS:
   (I)  THE  FINAL  ASSEMBLY  AND/OR  MANUFACTURE  OF THE END PRODUCT (AS
 APPLICABLE) TAKES PLACE IN THE UNITED STATES, AND
   (II) MORE THAN SIXTY PERCENT OF THE COMPONENTS OF THE END PRODUCT,  BY
 COST, ARE OF UNITED STATES ORIGIN.
   (III)  "MANUFACTURED  IN  AMERICA",  WITH RESPECT TO THE PURCHASE OF A
 PRODUCT OR MATERIAL  THAT  DOES  NOT  DIRECTLY  INCORPORATE  CONSTITUENT
 COMPONENTS,  MEANS  THE PRODUCT OR MATERIAL IS MINED, GROWN, OR PRODUCED
 IN WHOLE OR IN SUBSTANTIAL PART WITHIN THE UNITED STATES.
   (H) "STATE ENTITY" MEANS A STATE AGENCY AS DEFINED IN  PARAGRAPHS  (B)
 AND  (C) OF SUBDIVISION 11 OF SECTION THREE HUNDRED TEN OF THE EXECUTIVE
 LAW.
   (I) "STATE CONTRACT" MEANS:
   (I) A WRITTEN AGREEMENT IN EXCESS  OF  ONE  HUNDRED  THOUSAND  DOLLARS
 WHEREBY  A  STATE ENTITY IS COMMITTED TO EXPEND OR DOES EXPEND FUNDS FOR
 PRODUCTS, INCLUDING  PRODUCTS  USED  IN  THE  CONSTRUCTION,  DEMOLITION,
 REPLACEMENT,  MAJOR  REPAIR  OR RENOVATION OF REAL PROPERTY AND IMPROVE-
 MENTS THEREON;
   (II) LEASES OF REAL PROPERTY BY A STATE ENTITY TO A LESSEE  WHERE  THE
 TERMS  OF  SUCH LEASES PROVIDE FOR THE STATE ENTITY TO BE ENGAGED IN THE
 PURCHASE OF PRODUCTS FOR CONSTRUCTION,  DEMOLITION,  REPLACEMENT,  MAJOR
 REPAIR  OR RENOVATION OF REAL PROPERTY AND IMPROVEMENTS THEREON, AND THE
 COST OF SUCH CONSTRUCTION,  DEMOLITION,  REPLACEMENT,  MAJOR  REPAIR  OR
 RENOVATION OF REAL PROPERTY AND IMPROVEMENTS THEREON IS IN EXCESS OF ONE
 HUNDRED THOUSAND DOLLARS.
   (J)  "SUBCOMPONENT" IS ANY ARTICLE, MATERIAL, OR SUPPLY, WHETHER MANU-
 FACTURED OR UNMANUFACTURED, THAT IS ONE STEP REMOVED FROM A COMPONENT IN
 THE MANUFACTURING PROCESS AND  THAT  IS  INCORPORATED  DIRECTLY  INTO  A
 COMPONENT.
   (K)  "UNITED  STATES" MEANS THE UNITED STATES OF AMERICA, THE DISTRICT
 OF COLUMBIA AND INCLUDES ALL TERRITORY, CONTINENTAL OR INSULAR,  SUBJECT
 TO THE JURISDICTION OF THE UNITED STATES.
   2.  PROCUREMENTS  SUBJECT TO THE PROVISIONS OF THIS SECTION.  (A) THIS
 SECTION SHALL APPLY TO ALL STATE CONTRACTS AS DEFINED IN  PARAGRAPH  (I)
 OF  SUBDIVISION  ONE  OF  THIS  SECTION  AND  ALL  REQUESTS FOR BIDS AND
 PROPOSALS FOR SUCH CONTRACTS, WHICH SHALL  STATE  THAT,  NOTWITHSTANDING
 THE  PROVISIONS  OF SECTION 135 OF THE STATE FINANCE LAW, SECTIONS 1209,
 1265-A, 1678, 1680, 1680-A, 1696 AND 2879-A OF  THE  PUBLIC  AUTHORITIES
 LAW, SECTIONS 407-A AND 6281 OF THE EDUCATION LAW, SECTION 11 OF CHAPTER
 795 OF THE LAWS OF 1967, SECTIONS 8 AND 9 OF SECTION 1 OF CHAPTER 359 OF
 THE  LAWS  OF  1968 AS AMENDED, SECTION 29 OF CHAPTER 337 OF THE LAWS OF
 1972, SECTION 21 OF CHAPTER 464 OF THE LAWS OF 1972 AND SECTIONS 101 AND
 103 OF THE GENERAL MUNICIPAL LAW, A PREFERENCE IS GIVEN TO  BIDDERS  AND
 PROPOSERS  WHO  AGREE  TO  PROVIDE PRODUCTS MANUFACTURED IN AMERICA, AND
 BIDDERS AND PROPOSERS, IN THEIR BIDS OR PROPOSALS, SHALL (I) STATE  THAT
 THEY  AGREE  TO  MEET  SUCH REQUIREMENT OR (II) STATE IN DETAIL WHY THEY
 CANNOT MEET SUCH REQUIREMENT. (B) NO  BIDDER  OR  PROPOSER  ON  A  STATE
 CONTRACT  SUBJECT  TO  THIS  SECTION  SHALL  BE  DEEMED TO BE THE LOWEST
 RESPONSIVE AND RESPONSIBLE BIDDER OR PROPOSER UNLESS (I) THE  BIDDER  OR
 PROPOSER  COMPLIES  WITH  THE PROVISIONS REQUIRED BY SUBPARAGRAPH (I) OF
 PARAGRAPH (A) OF THIS SUBDIVISION, OR (II) THE EXECUTIVE  DETERMINES  IN
 ACCORDANCE WITH SUBDIVISION THREE OF THIS SECTION THAT THE PROVISIONS OF
 THIS SECTION SHALL NOT APPLY TO THE SUBJECT PROCUREMENT.

 S. 2005--A                         46                         A. 3005--A
 
   3. EXEMPTIONS. THIS SECTION SHALL NOT APPLY IN ANY CASE OR CATEGORY OF
 CASES  IN  WHICH  THE EXECUTIVE, OR HIS OR HER DESIGNEE, FINDS IN HIS OR
 HER SOLE DISCRETION THAT:
   (A)  THE  BEST  INTERESTS OF THE STATE WILL BE SERVED BY EXEMPTING THE
 PROCUREMENT FROM THE REQUIREMENTS OF THIS  SECTION  BASED  UPON  (I)  AN
 IMMEDIATE OR EMERGENCY NEED EXISTING FOR THE PRODUCT OR SERVICE; OR (II)
 A NEED TO PROTECT THE HEALTH, SAFETY, OR WELFARE OF PERSONS OCCUPYING OR
 VISITING A PUBLIC IMPROVEMENT OR PROPERTY LOCATED ADJACENT TO THE PUBLIC
 IMPROVEMENT; OR
   (B)  THE  PRODUCT  IS MANUFACTURED IN AMERICA BY ONLY ONE MANUFACTURER
 AND (I) A FOREIGN-MADE PRODUCT IS LESS EXPENSIVE AND OF EQUAL OR  BETTER
 QUALITY OR DESIGN; OR (II) A FOREIGN-MADE PRODUCT IS OF SUPERIOR QUALITY
 OR  DESIGN  TO  COMPETING  AMERICAN PRODUCTS AND IS SOLD AT A REASONABLY
 COMPARABLE PRICE CONSIDERING THE SUPERIOR QUALITY OR DESIGN; OR
   (C) A RECIPROCAL TRADE AGREEMENT OR TREATY HAS BEEN NEGOTIATED BY  THE
 STATE  OR BY THE UNITED STATES GOVERNMENT ON BEHALF OF OR INCLUDING THIS
 STATE WITH A FOREIGN NATION OR GOVERNMENT FOR NONDISCRIMINATORY  GOVERN-
 MENTAL  PROCUREMENT  PRACTICES  OR  POLICIES WITH SUCH FOREIGN NATION OR
 GOVERNMENT; OR
   (D) THE STATE CONTRACT IS SUBJECT TO FEDERAL FUNDING AND THE  REQUIRE-
 MENTS OF SUCH FEDERAL FUNDING SUPERSEDE THIS SECTION; OR
   (E)  THE  SPECIFIED PRODUCTS ARE NOT MANUFACTURED IN AMERICA IN SUFFI-
 CIENT QUANTITIES OR QUALITY TO MEET THE STATE ENTITY'S  REQUIREMENTS  OR
 CANNOT BE MANUFACTURED IN AMERICA OR WITHIN THE NECESSARY TIME IN SUFFI-
 CIENT  QUANTITIES OR OF SATISFACTORY QUALITY OR DESIGN TO MEET THE AGEN-
 CY'S REQUIREMENTS; OR
   (F) OBTAINING THE SPECIFIED PRODUCTS MANUFACTURED IN AMERICA OR  WOULD
 INCREASE  THE COST OF THE CONTRACT BY AN UNREASONABLE AMOUNT, AS SUCH IS
 DETERMINED BY THE EXECUTIVE; OR
   (G) THE APPLICATION OF THIS SECTION WOULD  BE  INCONSISTENT  WITH  THE
 PUBLIC INTEREST; OR
   (H)  THE  SPECIFIED  PRODUCTS  ARE  NECESSARY  FOR THE OPERATION OF OR
 REPAIRS OF CRITICAL INFRASTRUCTURE THAT IS NECESSARY TO AVOID A DELAY IN
 THE DELIVERY OF CRITICAL  SERVICES  THAT  COULD  COMPROMISE  THE  PUBLIC
 WELFARE.
   4.  PRODUCT CERTIFICATIONS. (A) PRIOR TO THE CONTRACTOR DELIVERING THE
 PRODUCT, THE CONTRACTOR MUST CERTIFY IN WRITING TO THE CONTRACTING STATE
 ENTITY THAT THE PRODUCT IS MANUFACTURED IN AMERICA  IN  ACCORDANCE  WITH
 THE  REQUIREMENTS OF THIS SECTION, OR IF THE CONTRACTOR CANNOT SO STATE,
 SHALL SPECIFY IN SUCH CERTIFICATION  ALL  RESPECTS  IN  WHICH  IT  WOULD
 PROVIDE  PRODUCTS  THAT DO NOT MEET THE DEFINITION CONTAINED IN SUBDIVI-
 SION ONE OF THIS SECTION.
   (B) THE CERTIFICATES REQUIRED BY THIS SECTION SHALL ADDITIONALLY SPEC-
 IFY SUCH INFORMATION AS THE EXECUTIVE SHALL REQUIRE.
   (C) CERTIFICATES REQUIRED BY THIS SECTION SHALL BE MAINTAINED  BY  THE
 STATE ENTITY FOR A PERIOD OF THREE YEARS.
   5.  CONTRACTOR MISREPRESENTATION REGARDING SOURCE OF MATERIALS.  IF IT
 HAS BEEN DETERMINED BY A COURT OR  FEDERAL  OR  STATE  ENTITY  THAT  ANY
 CONTRACTOR INTENTIONALLY:  (A) AFFIXED A LABEL BEARING A "MADE IN AMERI-
 CA"  INSCRIPTION, OR ANY INSCRIPTION WITH THE SAME MEANING, TO ANY MATE-
 RIALS USED IN STATE CONTRACTS TO WHICH THIS SECTION APPLIES,  THAT  WERE
 NOT  MADE  IN  AMERICA;  OR (B) REPRESENTED THAT MATERIALS USED IN STATE
 CONTRACTS TO WHICH THIS SECTION APPLIES THAT WERE NOT  PRODUCED  IN  THE
 UNITED  STATES, WERE PRODUCED IN THE UNITED STATES; THEN SUCH CONTRACTOR
 SHALL BE DEEMED NON-RESPONSIBLE AND SUCH DETERMINATION SHALL  BE  POSTED

 S. 2005--A                         47                         A. 3005--A
 
 ON THE LIST OF NON-RESPONSIBLE ENTITIES MAINTAINED ON THE WEBSITE OF THE
 OFFICE OF GENERAL SERVICES.
   6.  TREATIES  AND  LAW  OF THE UNITED STATES TO SUPERSEDE.  NOTHING IN
 THIS SECTION IS INTENDED TO  CONTRAVENE  ANY  EXISTING  TREATIES,  LAWS,
 TRADE  AGREEMENTS,  OR  REGULATIONS  OF THE UNITED STATES. ALL CONTRACTS
 SUBJECT TO THIS SECTION SHALL BE ENTERED INTO IN ACCORDANCE WITH  EXIST-
 ING  TREATIES,  LAWS,  TRADE  AGREEMENTS,  OR  REGULATIONS OF THE UNITED
 STATES INCLUDING ALL TREATIES AND TRADE AGREEMENTS ENTERED INTO  BETWEEN
 FOREIGN   COUNTRIES   AND  THE  UNITED  STATES  REGARDING  EXPORT-IMPORT
 RESTRICTIONS AND INTERNATIONAL TRADE AND SHALL NOT BE  IN  VIOLATION  OF
 THIS SECTION TO THE EXTENT OF SUCH ACCORDANCE.
   7.  CHALLENGES  TO  DETERMINATIONS  MADE BY STATE ENTITY OR EXECUTIVE.
 NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, ANY  DETERMINATION
 MADE  BY  A  STATE ENTITY OR EXECUTIVE PURSUANT TO THIS SECTION SHALL BE
 PRESUMED TO BE REASONABLE AND, TO THE EXTENT ANY SUCH  DETERMINATION  IS
 CHALLENGED: (A) THE BURDEN OF PROOF SHALL BE ON THE CHALLENGING PARTY TO
 PROVE  THAT  THE  DETERMINATION  WAS NOT REASONABLE; AND (B) THE SUBJECT
 AWARD AND PROJECT MAY PROCEED DURING THE PENDENCY OF ANY SAID CHALLENGE.
 ANY CHALLENGE TO ANY DETERMINATION MADE BY A STATE ENTITY  OR  EXECUTIVE
 PURSUANT  TO THIS SECTION MAY ONLY BE BROUGHT PURSUANT TO ARTICLE SEVEN-
 TY-EIGHT OF THE CIVIL PRACTICE LAW AND RULES AND SUCH CHALLENGE,  ACTION
 OR  PROCEEDING SHALL BE BROUGHT IN A VENUE DESIGNATED IN THE PROCUREMENT
 OR BID DOCUMENTS.
   § 4. Severability. If any clause,  sentence,  paragraph,  subdivision,
 section  or part of this act shall be adjudged by any court of competent
 jurisdiction to be invalid, such judgement 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 provision had
 not been included herein.
   § 5. This act shall take effect on January 1, 2018 and shall apply  to
 any state contracts, executed and entered into on or after that date and
 shall  exclude  such contracts that have been previously awarded or have
 pending bids or pending requests for proposals issued as of  January  1,
 2018.
 
                                  PART K
 
   Section  1. Employees of the division of military and naval affairs in
 the unclassified service of the state, who are substantially engaged  in
 the  performance  of  duties to support business and financial services,
 administrative services, payroll administration,  time  and  attendance,
 benefit  administration  and  other  transactional human resources func-
 tions, may be transferred to the office of general services  in  accord-
 ance  with  the  provisions of section 45 of the civil service law as if
 the state had taken over a private entity. No  employee  who  is  trans-
 ferred  pursuant  to  this  act shall suffer a reduction in basic annual
 salary as a result of the transfer.
   § 2. This act shall take effect immediately and shall have been deemed
 to have been in full force and effect on and after March  31,  2015  and
 shall  remain  in  effect  until  March 31, 2020 when it shall be deemed
 repealed.
 
                                  PART L

 S. 2005--A                         48                         A. 3005--A
 
   Section 1. Section 3 of chapter 674 of the laws of 1993, amending  the
 public  buildings  law  relating  to  value limitations on contracts, as
 amended by section 1 of part M of chapter 55 of the  laws  of  2015,  is
 amended to read as follows:
   §  3.  This act shall take effect immediately and shall remain in full
 force and effect only until June 30, [2017] 2019.
   § 2. The public buildings law is amended by adding a new  section  8-a
 to read as follows:
   §  8-A. CONTRACTS FOR WORK PERFORMED AT SECURE FACILITIES. 1.  FOR THE
 PURPOSES OF THIS SECTION, "SECURE FACILITY" SHALL MEAN (A)  A  BUILDING,
 PROPERTY,  OR  FACILITY  UNDER  THE  JURISDICTION  OF  THE DEPARTMENT OF
 CORRECTIONS AND COMMUNITY SUPERVISION, THE OFFICE OF MENTAL HEALTH,  THE
 OFFICE  OF  CHILDREN  AND FAMILY SERVICES, OR THE OFFICE FOR PEOPLE WITH
 DEVELOPMENTAL DISABILITIES, AND WHERE INMATES,  PATIENTS,  OR  RESIDENTS
 WHO  DWELL  WITHIN  SUCH BUILDING, PROPERTY, OR FACILITY HAVE LIMITED OR
 RESTRICTED INGRESS AND EGRESS OR (B) ANY OTHER  FACILITY  OF  THE  STATE
 THAT IS DETERMINED TO BE A SECURE FACILITY BY THE COMMISSIONER OF GENER-
 AL SERVICES BECAUSE OF POTENTIAL RISKS TO THE LIFE, SAFETY, OR HEALTH OF
 THE PUBLIC OR OF THE INHABITANTS OF SUCH FACILITY.
   2.  GENERATION OF LIST OF ELIGIBLE BIDDERS.  (A) THE OFFICE OF GENERAL
 SERVICES SHALL ESTABLISH A LIST OF ELIGIBLE BIDDERS  FOR  CONTRACTS  FOR
 THE   WORK  OF  CONSTRUCTION,  RECONSTRUCTION,  ALTERATION,  REPAIR,  OR
 IMPROVEMENT OF OR AT A SECURE FACILITY BY ISSUING ON A  QUARTERLY  BASIS
 AN INVITATION TO CONTRACTORS TO BE SO LISTED. THE INVITATION TO CONTRAC-
 TORS  SHALL  BE  ADVERTISED  QUARTERLY  IN THE PROCUREMENT OPPORTUNITIES
 NEWSLETTER PUBLISHED BY THE DEPARTMENT OF ECONOMIC DEVELOPMENT,  IN  THE
 PUBLIC  NOTIFICATION  SERVICE  OF THE OFFICE OF GENERAL SERVICES, AND BY
 NEWSPAPER ADVERTISEMENT AS PROVIDED IN SECTION EIGHT  OF  THIS  ARTICLE.
 THE  OFFICE  OF  GENERAL  SERVICES  SHALL SEEK TO PROVIDE PRIME CONTRACT
 BIDDING OPPORTUNITIES FOR  MINORITY-  AND  WOMEN-OWNED  CONTRACTORS  AND
 SERVICE-DISABLED   VETERAN-OWNED   CONTRACTORS   IN   THE   LETTING   OF
 CONSTRUCTION CONTRACTS IN OR AT A SECURE FACILITY AND SHALL COMPLY  WITH
 THE  PROVISIONS  OF  ARTICLES FIFTEEN-A AND SEVENTEEN-B OF THE EXECUTIVE
 LAW. THE OFFICE OF GENERAL SERVICES MAY REMOVE ANY BIDDER FROM SUCH LIST
 FOR NON-RESPONSIBILITY OR NON-RELIABILITY.
   (B) RESPONDENTS TO SUCH INVITATION TO CONTRACTORS SHALL  RECEIVE  FROM
 THE  OFFICE  OF  GENERAL  SERVICES A STANDARDIZED QUESTIONNAIRE, AND THE
 TIME FRAME IN WHICH TO RESPOND SHALL BE SET FORTH THEREIN.
   (C) THE CRITERIA THAT SHALL BE USED BY THE OFFICE OF GENERAL  SERVICES
 TO  INCLUDE  A  PROSPECTIVE  CONTRACTOR  ON THE LIST OF ELIGIBLE BIDDERS
 SHALL INCLUDE, BUT NOT BE LIMITED TO: (I) EXPERIENCE WITH PROJECTS  THAT
 HAVE  BEEN COMPLETED IN SECURE FACILITIES BY THE CONTRACTOR, AS EITHER A
 PRIME CONTRACTOR OR A SUBCONTRACTOR, WITHIN THE LAST  FIVE  YEARS,  (II)
 VIOLATIONS  OF  SECURE  FACILITY  REGULATIONS  AND  RULES, (III) TYPE OF
 LICENSES THAT THE CONTRACTOR HOLDS, (IV) TERMINATIONS ON PRIOR JOBS, (V)
 ASSESSMENT OF LIQUIDATED DAMAGES ON EARLIER PROJECTS, (VI)  CONTRACTOR'S
 ABILITY   TO   SECURE  BONDING,  (VII)  INSURABILITY,  (VIII)  FINANCIAL
 STRENGTH, AND (IX) ANY OTHER CRITERIA THAT THE COMMISSIONER  OF  GENERAL
 SERVICES SHALL DETERMINE TO BE RELEVANT.
   (D)  IF  THE  OFFICE  OF GENERAL SERVICES MAKES A DETERMINATION NOT TO
 INCLUDE A CONTRACTOR ON THE LIST OF  ELIGIBLE  BIDDERS,  THE  OFFICE  OF
 GENERAL SERVICES SHALL PROVIDE WRITTEN NOTICE TO THE CONTRACTOR, AND THE
 CONTRACTOR  SHALL  HAVE  FIFTEEN DAYS FROM THE RECEIPT OF SUCH NOTICE TO
 SUBMIT A WRITTEN REQUEST FOR RECONSIDERATION. THE  CONTRACTOR  SHALL  BE
 GIVEN  THE  OPPORTUNITY TO PRESENT ANY EVIDENCE AS TO WHY THE CONTRACTOR
 SHOULD BE INCLUDED ON THE LIST OF ELIGIBLE BIDDERS.

 S. 2005--A                         49                         A. 3005--A
 
   (E) BIDDERS  FOR  CONTRACTS  FOR  THE  WORK  OF  CONSTRUCTION,  RECON-
 STRUCTION, ALTERATION, REPAIR, OR IMPROVEMENT OF OR AT A SECURE FACILITY
 MAY,  AT  THE  DISCRETION  OF  THE  COMMISSIONER OF GENERAL SERVICES, BE
 SOLICITED SOLELY FROM THE LIST OF ELIGIBLE BIDDERS ESTABLISHED  PURSUANT
 TO  THIS  SUBDIVISION, AND SUCH CONTRACTS SHALL BE AWARDED IN ACCORDANCE
 WITH SECTION EIGHT OF THIS  ARTICLE,  EXCEPT  THAT  NOTWITHSTANDING  THE
 PROVISIONS  OF  SUBDIVISION TWO OF SECTION EIGHT OF THIS ARTICLE, SOLIC-
 ITATIONS FOR BIDS OR PROPOSALS SHALL BE ADVERTISED IN THE PUBLIC NOTIFI-
 CATION SERVICE OF  THE  OFFICE  OF  GENERAL  SERVICES,  AND  EITHER  THE
 PROCUREMENT  OPPORTUNITIES  NEWSLETTER  PUBLISHED  BY  THE DEPARTMENT OF
 ECONOMIC DEVELOPMENT OR THE STATE REGISTER.
   3. NOTWITHSTANDING THE PROVISIONS OF SUBDIVISION ONE OF SECTION  EIGHT
 OF  THIS ARTICLE, DRAWINGS AND SPECIFICATIONS WHEN PREPARED FOR THE WORK
 OF CONSTRUCTION, RECONSTRUCTION, ALTERATION, REPAIR, OR IMPROVEMENT OF A
 SECURE FACILITY SHALL BE FILED IN  ACCORDANCE  WITH  THE  PROVISIONS  OF
 SUBDIVISION ONE OF SECTION EIGHT OF THIS ARTICLE, EXCEPT THAT SUCH DRAW-
 INGS  AND  SPECIFICATIONS  MAY  NOT  BE OPEN TO PUBLIC INSPECTION AT THE
 DISCRETION OF THE COMMISSIONER OF GENERAL SERVICES.
   § 3. Subdivision 2 of section  8  of  the  public  buildings  law,  as
 amended  by  chapter  840  of  the  laws  of 1980, is amended to read as
 follows:
   2. The said department or  other  agency  having  jurisdiction  shall,
 except  as  otherwise  provided in this chapter, advertise for proposals
 for such work of construction,  reconstruction,  alteration,  repair  or
 improvement,  or,  upon  the request of said department or other agency,
 the commissioner of general services is authorized to advertise for  and
 to receive and open such proposals for such work of construction, recon-
 struction,  alteration,  repair  or improvement, and upon the opening of
 such proposals he shall, in appropriate cases, transmit to said  depart-
 ment  or other agency a tabulation of such proposals. Except as provided
 in [section] SECTIONS EIGHT-A AND twenty of this  chapter,  such  adver-
 tisement  for proposals shall be printed in a newspaper published in the
 city of Albany, and in such other newspaper or  newspapers  as  will  be
 most  likely  to give adequate notice to contractors of the work contem-
 plated and of the invitation to submit proposals therefor.  Such  adver-
 tisement shall be published for such time and in such manner as shall be
 determined  by  the commissioner of general services. Such advertisement
 shall be a public notice which shall contain a brief description of  the
 work of construction, reconstruction, alteration, repair or improvement,
 a  reference  to the drawings and specifications therefor and where they
 may be seen and  obtained,  the  time  when  and  the  place  where  the
 proposals  invited  by such advertisement will be received, the require-
 ment of a deposit with the proposal, the requirement of a bond to accom-
 pany the contract and in such amount as may be prescribed for the faith-
 ful  performance  of  the  contract,  and  such  other  matters  as  the
 commissioner of general services may deem advisable.
   § 4. Subdivision 1 of section 143 of the state finance law, as amended
 by chapter 43 of the laws of 1969, is amended to read as follows:
   1.  Notwithstanding  any  inconsistent  provision  of  any  general or
 special law, the board, division, department, bureau, agency, officer or
 commission of the state charged with the duty  of  preparing  plans  and
 specifications  for  and  awarding  or  entering  into contracts for the
 performance of public work shall require the payment of a fixed  sum  of
 money,  not  exceeding  one hundred dollars, for each copy of such plans
 and specifications, by persons or corporations desiring a copy  thereof.
 Any  person  or corporation desiring a copy of such plans and specifica-

 S. 2005--A                         50                         A. 3005--A
 
 tions and making the deposit required by this section shall be furnished
 with one copy of the plans and specifications, EXCEPT THAT IN  THE  CASE
 OF  A  CONTRACT FOR THE PERFORMANCE OF PUBLIC WORK AT A SECURE FACILITY,
 AS DEFINED IN SECTION EIGHT-A OF THE PUBLIC BUILDINGS LAW, THE PLANS AND
 SPECIFICATIONS  SHALL BE FURNISHED TO ONLY THOSE CONTRACTORS THAT ARE ON
 THE ELIGIBLE LIST OF BIDDERS ESTABLISHED PURSUANT TO SECTION EIGHT-A  OF
 THE  PUBLIC  BUILDINGS  LAW AND THAT HAVE REQUESTED COPIES OF SUCH PLANS
 AND SPECIFICATIONS. IN  THE  CASE  WHERE  THE  COMMISSIONER  OF  GENERAL
 SERVICES  IN  HIS OR HER DISCRETION HAS SOLICITED CONTRACTORS OTHER THAN
 THOSE ON SUCH ELIGIBLE LIST OF BIDDERS FOR  THE  PERFORMANCE  OF  PUBLIC
 WORK  AT  A  SECURE  FACILITY,  SUCH CONTRACTORS SHALL BE FURNISHED WITH
 PLANS AND SPECIFICATIONS PURSUANT TO THIS SECTION.
   § 5. This act shall take effect immediately.
 
                                  PART M
 
   Section 1. Section 4 of the New York state printing and  public  docu-
 ments law is amended by adding a new subdivision 6 to read as follows:
   6. NOTWITHSTANDING ANY OF THE FOREGOING PROVISIONS OF THIS SECTION, OR
 OF  ANY GENERAL OR SPECIAL ACT, THE COMMISSIONER MAY CONTRACT FOR PRINT-
 ING UP TO AN AMOUNT NOT EXCEEDING EIGHTY-FIVE THOUSAND  DOLLARS  WITHOUT
 COMPETITIVE BIDDING FOR THE PRINTING REQUIRED.
   § 2. This act shall take effect immediately.
 
                                  PART N
 
   Section  1.  Subdivisions  1,  2,  3, 4, 5 and 6 of section 162 of the
 state finance law, subdivisions 1, 3, 4 as added by chapter  83  of  the
 laws  of  1995,  subdivision  2 as amended by chapter 501 of the laws of
 2002, paragraph a of subdivision 2, paragraphs a and b of subdivision 3,
 subparagraph (i) of paragraph a of subdivision 4, subdivision  5,  para-
 graphs  a  and d of subdivision 6 as amended by section 164 of subpart B
 of part C of chapter 62 of the laws of 2011, paragraph b of  subdivision
 2  as  amended by chapter 519 of the laws of 2003, subparagraph (iii) of
 paragraph b of subdivision 4 as amended by chapter 430 of  the  laws  of
 1997,  and paragraph e of subdivision 6 as amended by chapter 265 of the
 laws of 2013, are amended to read as follows:
   1. Purpose. To advance special social  and  economic  goals,  selected
 providers  shall  have  preferred  source  status  for  the  purposes of
 procurement in accordance with the provisions of this section.  Procure-
 ment from  these  providers  shall  be  exempted  from  the  competitive
 procurement  provisions of section one hundred sixty-three of this arti-
 cle and other competitive procurement  statutes.  Such  exemption  shall
 apply  to  commodities  produced,  manufactured  or assembled, including
 those repackaged WHEN THE LABOR AND MATERIALS FOR SUCH REPACKAGING  ADDS
 VALUE  TO THE COMMODITY, to meet the form, function and utility required
 by state agencies, in New York state and, where so designated,  services
 provided by those sources in accordance with this section.
   2.  Preferred  status.  Preferred status as prescribed in this section
 shall be accorded to:
   a. Commodities produced by the correctional industries program of  the
 department  of corrections and community supervision and provided to the
 state pursuant to subdivision two of section one hundred eighty-four  of
 the  correction  law  AND  ASBESTOS  ABATEMENT SERVICES PERFORMED BY THE
 CORRECTIONAL INDUSTRIES PROGRAM OF THE  DEPARTMENT  OF  CORRECTIONS  AND
 COMMUNITY SUPERVISION;

 S. 2005--A                         51                         A. 3005--A
 
   b.  Commodities and services produced by any qualified charitable non-
 profit-making agency for the blind approved for  such  purposes  by  the
 commissioner of the office of children and family services;
   [c.  Commodities  and  services  produced  by  any  special employment
 program serving mentally ill persons, which shall not be required to  be
 incorporated  and  which  is operated by facilities within the office of
 mental health and is approved for such purposes by the  commissioner  of
 mental health;]
   [d.]  C. Commodities and services produced by any qualified charitable
 non-profit-making agency for  other  [severely]  SIGNIFICANTLY  disabled
 persons  approved for such purposes by the commissioner of education, or
 incorporated under the laws of this state and approved for such purposes
 by the commissioner of education;
   [e.] D. Commodities and services produced  by  a  qualified  veterans'
 workshop  providing job and employment-skills training to veterans where
 such a workshop is operated by the United States department of  veterans
 affairs and is manufacturing products or performing services within this
 state  and  where  such  workshop  is  approved for such purposes by the
 commissioner of education; or
   [f.] E. Commodities and services produced by any qualified  charitable
 non-profit-making  workshop  for  veterans approved for such purposes by
 the commissioner of education, or incorporated under the  laws  of  this
 state and approved for such purposes by the commissioner of education.
   3.  Public  list  of  services  and  commodities provided by preferred
 sources.
   a. By December thirty-first, nineteen hundred ninety-five, the commis-
 sioner, in consultation with the commissioners of corrections and commu-
 nity supervision, the office of children and family services, the office
 of temporary and disability assistance,  mental  health  and  education,
 shall  prepare a list of all commodities and services that are available
 and are being provided as of said date, for purchase by state  agencies,
 public  benefit  corporations or political subdivisions from those enti-
 ties accorded preference or priority status  under  this  section.  Such
 list may include references to catalogs and other descriptive literature
 which are available directly from any provider accorded preferred status
 under  this  section. The commissioner shall make this list available to
 prospective vendors, state agencies, public benefit corporations,  poli-
 tical  subdivisions  and  other  interested  parties. Thereafter, new or
 substantially different commodities or services may only be made  avail-
 able  by  preferred  sources for purchase by more than one state agency,
 public benefit corporation or political subdivision  after  addition  to
 said list.
   b. After January first, nineteen hundred ninety-six, upon the applica-
 tion  of  the commissioner of corrections and community supervision, the
 commissioner of the office of children and family services,  the  office
 of  temporary  and  disability  assistance,  the  commissioner of mental
 health or the commissioner of education, or a non-profit-making  facili-
 tating  agency  designated  by one of the said commissioners pursuant to
 paragraph e of subdivision six of this section,  the  state  procurement
 council  may  recommend  that  the  commissioner: (i) add commodities or
 services to, or (ii) in order to insure that such list reflects  current
 production  and/or  availability  of commodities and services, delete at
 the request of a preferred source, commodities  or  services  from,  the
 list  established  by  paragraph  a of this subdivision. The council may
 make a non-binding recommendation to the relevant  preferred  source  to
 delete a commodity or service from such list. Additions may be made only

 S. 2005--A                         52                         A. 3005--A
 
 for new services or commodities, or for services or commodities that are
 substantially  different  from  those  reflected  on  said list for that
 provider. The decision to recommend the addition of services or  commod-
 ities  shall be based upon a review of relevant factors as determined by
 the council including costs and benefits to be derived from  such  addi-
 tion  and  shall  include  an analysis by the office of general services
 conducted pursuant to subdivision six of this section. Unless the  state
 procurement  council  shall make a recommendation to the commissioner on
 any such application within one hundred twenty days of receipt  thereof,
 such  application  shall  be  deemed  recommended. In the event that the
 state procurement council shall deny any such application,  the  commis-
 sioner  or  non-profit-making  FACILITATING  agency which submitted such
 application may, within thirty days of such denial, appeal  such  denial
 to  the  commissioner of general services who shall review all materials
 submitted to the state procurement council with respect to such applica-
 tion and who may request such further  information  or  material  as  is
 deemed  necessary.  Within  sixty  days of receipt of all information or
 materials deemed necessary, the  commissioner  shall  render  a  written
 final decision on the application which shall be binding upon the appli-
 cant and upon the state procurement council.
   c.  The  list maintained by the office of general services pursuant to
 paragraph a of this subdivision shall be revised as necessary to reflect
 the additions and deletions of commodities and services approved by  the
 state procurement council.
   4.  Priority accorded preferred sources. Except as provided in the New
 York state printing and public documents law, priority  among  preferred
 sources shall be accorded as follows:
   a. (i) When commodities are available, in the form, function and util-
 ity  required  by  a  state agency, public authority, commission, public
 benefit corporation or political subdivision, said commodities  must  be
 purchased  first from the correctional industries program of the depart-
 ment of corrections and community supervision;
   (ii) When commodities are available, in the form, function and utility
 required by, a state agency or political subdivision or  public  benefit
 corporation having their own purchasing agency, and such commodities are
 not  available  pursuant  to  subparagraph  (i)  of this paragraph, said
 commodities shall then be purchased from  approved  charitable  non-pro-
 fit-making agencies for the blind;
   (iii) When commodities are available, in the form, function and utili-
 ty  required by, a state agency or political subdivision or public bene-
 fit corporation having their own purchasing agency, and such commodities
 are not available pursuant to subparagraphs (i) and (ii) of  this  para-
 graph,  said  commodities  shall then be purchased from a qualified non-
 profit-making  agency  for  other  [severely]   SIGNIFICANTLY   disabled
 persons,  [a  qualified  special  employment  program  for  mentally ill
 persons,] or a qualified veterans' workshop;
   b. When services are available, in  the  form,  function  and  utility
 required  by,  a state agency or political subdivision or public benefit
 corporation having their own purchasing agency, equal priority shall  be
 accorded  the services rendered and offered for sale by THE CORRECTIONAL
 INDUSTRIES PROGRAM OF THE DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPER-
 VISION, BY qualified non-profit-making agencies for the blind and  those
 for  the  other  [severely] SIGNIFICANTLY disabled, by qualified special
 employment programs for mentally ill persons and by qualified  veterans'
 workshops. In the case of services:

 S. 2005--A                         53                         A. 3005--A
 
   (i)  state agencies or political subdivisions or public benefit corpo-
 rations having  their  own  purchasing  agency  shall  [make  reasonable
 efforts  to  provide a notification] PROVIDE A WRITTEN SCOPE OF SERVICES
 describing their requirements to those  preferred  sources,  or  to  the
 facilitating entity identified in paragraph e of subdivision six of this
 section,  which  provide the required services as indicated on the offi-
 cial public list maintained by the office of general  services  pursuant
 to  subdivision three of this section AND IDENTIFY THE TIME FRAME WITHIN
 WHICH WRITTEN QUESTIONS MAY BE SUBMITTED, THE DATE ANSWERS TO  QUESTIONS
 WILL BE PROVIDED, THE DATE BY WHICH A WRITTEN PROPOSAL MUST BE SUBMITTED
 AND THE ESTIMATED CONTRACT START DATE;
   (ii) if[, within ten days of the notification required by subparagraph
 (i)  of  this  paragraph,] one or more preferred sources or facilitating
 entities identified in paragraph e of subdivision six  of  this  section
 submit  a  [notice of intent] WRITTEN PROPOSAL to provide the service in
 the form, function and utility required, said service shall be purchased
 in accordance with this section. If more than one  preferred  source  or
 facilitating entity identified in paragraph e of subdivision six of this
 section  submits  [notification  of intent] A WRITTEN PROPOSAL and meets
 the requirements, costs shall be the  determining  factor  for  purchase
 among the preferred sources;
   (iii)  if[,  within  ten days of the notification required by subpara-
 graph (i) of this paragraph,] no preferred source or facilitating entity
 identified in paragraph e of subdivision six of this section  [indicates
 intent  to  provide  the service,] SUBMITS A WRITTEN PROPOSAL WITHIN THE
 TIME FRAME IDENTIFIED PURSUANT TO SUBPARAGRAPH (I)  OF  THIS  PARAGRAPH,
 then  the  service  shall  be  procured  in  accordance with section one
 hundred sixty-three of this article. If, after such period, a  preferred
 source  elects  to bid on the service, award shall be made in accordance
 with section one hundred sixty-three of this  article  or  as  otherwise
 provided by law;
   (IV)  THE  STATE  PROCUREMENT  COUNCIL  SHALL  ESTABLISH GUIDELINES TO
 ASSIST THE COMMISSIONER AND STATE AGENCIES, POLITICAL  SUBDIVISIONS  AND
 PUBLIC BENEFIT CORPORATIONS IN DEVELOPING THE SCOPE OF SERVICES, SETTING
 REASONABLE TIME FRAMES, ISSUING REQUESTS FOR INFORMATION AND DETERMINING
 THE REASONABLENESS OF PRICES OF SERVICES. SUCH GUIDELINES SHALL BE POST-
 ED ON THE WEBSITE OF THE OFFICE OF GENERAL SERVICES.
   [c.  For  the purposes of commodities and services produced by special
 employment programs operated by facilities approved or operated  by  the
 office  of  mental health, facilities within the office of mental health
 shall be exempt from the requirements of subparagraph (i) of paragraph a
 of this subdivision. When such requirements  of  the  office  of  mental
 health cannot be met pursuant to subparagraph (ii) or (iii) of paragraph
 a of this subdivision, or paragraph b of this subdivision, the office of
 mental  health  may  purchase commodities and services which are compet-
 itive in price and comparable in quality to those which could  otherwise
 be  obtained  in  accordance  with this article, from special employment
 programs operated by facilities within the office of  mental  health  or
 other programs approved by the office of mental health.]
   5.  Prices  charged  by  the  department  of corrections and community
 supervision. The prices to  be  charged  for  commodities  produced  AND
 SERVICES  PROVIDED by the correctional industries program of the depart-
 ment of corrections and community supervision shall  be  established  by
 the  commissioner of corrections and community supervision in accordance
 with section one hundred eighty-six of the correction law.

 S. 2005--A                         54                         A. 3005--A
 
   a. The prices established  by  the  commissioner  of  corrections  and
 community  supervision  shall be based upon costs as determined pursuant
 to this subdivision, but shall not exceed a reasonable fair market price
 determined at or within ninety days before the time of sale. Fair market
 price  as  used  herein means the price at which a vendor of the same or
 similar product or service who is regularly engaged in the  business  of
 selling  such  product or service offers to sell such product or service
 under similar terms in the same market. Costs  shall  be  determined  in
 accordance with an agreement between the commissioner of corrections and
 community supervision and the director of the budget.
   b.  A  purchaser of any such product or service may, at any time prior
 to or within thirty days of the time of sale, appeal the purchase  price
 in accordance with section one hundred eighty-six of the correction law,
 on  the  basis  that  it unreasonably exceeds fair market price. Such an
 appeal shall be decided by a  majority  vote  of  a  three-member  price
 review  board consisting of the director of the budget, the commissioner
 of corrections and community supervision and the commissioner  or  their
 representatives. The decision of the review board shall be final.
   6.  Prices charged by agencies for the blind, other [severely] SIGNIF-
 ICANTLY disabled and veterans' workshops.
   a. (I) Except with respect to the correctional industries  program  of
 the department of corrections and community supervision, it shall be the
 duty of the commissioner to determine, and from time to time review, the
 prices  of  all  commodities  [and to approve the price of all services]
 provided by preferred sources as specified in this  section  offered  to
 state  agencies,  political  subdivisions or public benefit corporations
 having their own purchasing office.
   (II) WITH RESPECT TO THE PURCHASE OF SERVICES, IT SHALL BE THE DUTY OF
 THE COMMISSIONER TO REVIEW AND TO APPROVE  THE  PRICE  OF  ALL  SERVICES
 OFFERED  TO  BE PROVIDED BY PREFERRED SOURCES IN RESPONSE TO THE WRITTEN
 SCOPE OF SERVICES ISSUED BY THE STATE AGENCY, POLITICAL  SUBDIVISION  OR
 PUBLIC  BENEFIT  CORPORATION.  THE  FACILITATING  ENTITIES IDENTIFIED IN
 PARAGRAPH E OF THIS SUBDIVISION SHALL PROVIDE TO THE COMMISSIONER, WITH-
 IN A REASONABLE TIME FOLLOWING REQUEST, SUFFICIENT INFORMATION TO DETER-
 MINE PRICE REASONABLENESS INCLUDING BUT NOT LIMITED TO A PRICING  APPLI-
 CATION  IN  THE  FORMAT  REQUESTED,  COMPARABLE  PRICE  INFORMATION FROM
 PRIVATE CONTRACTS AND CONTRACTS EXECUTED  BY  PRIVATE  VENDORS  ACCORDED
 PREFERRED  SOURCE  STATUS  UNDER  A  PARTNERING  ARRANGEMENT PURSUANT TO
 SUBDIVISION SEVEN OF THIS SECTION, AND, WHERE APPROPRIATE, THE  PROVIDER
 OF  SUCH  INFORMATION MAY REQUEST THAT SUCH INFORMATION BE EXEMPTED FROM
 DISCLOSURE IN ACCORDANCE WITH THE PROVISIONS OF PARAGRAPH (A) OF  SUBDI-
 VISION  FIVE  OF  SECTION  EIGHTY-NINE OF THE PUBLIC OFFICERS LAW. STATE
 AGENCIES, POLITICAL SUBDIVISIONS, OR  PUBLIC  BENEFIT  CORPORATIONS  MAY
 ISSUE A REQUEST FOR INFORMATION TO ASSIST THE COMMISSIONER IN ESTABLISH-
 ING PREVAILING MARKET PRICES.
   b.  In  determining  and  revising  the  prices of such commodities or
 services, consideration shall be given to the reasonable costs of labor,
 materials and overhead necessarily incurred by  such  preferred  sources
 under  efficient  methods  of  procurement,  production, performance and
 administration; however, the prices of such products and services  shall
 be  as  close to prevailing market price as practicable, but in no event
 greater than fifteen percent above, the prevailing market  prices  among
 responsive offerors for the same or equivalent commodities or services.
   c.  Such qualified charitable non-profit-making agencies for the blind
 and other [severely] SIGNIFICANTLY disabled may make purchases of  mate-
 rials,  equipment or supplies, except printed material, from centralized

 S. 2005--A                         55                         A. 3005--A
 
 contracts for commodities in accordance with the conditions set  by  the
 office  of general services; provided that the qualified charitable non-
 profit-making agency for the blind  or  other  [severely]  SIGNIFICANTLY
 disabled  shall  accept  sole  responsibility  for  any  payment due the
 vendor.
   d. Such qualified charitable non-profit-making agencies for the  blind
 and  other [severely] SIGNIFICANTLY disabled may make purchases of mate-
 rials, equipment and supplies directly from the correctional  industries
 program  administered  by  the commissioner of corrections and community
 supervision, subject to such rules as may be established  from  time  to
 time  pursuant to the correction law; provided that the qualified chari-
 table non-profit-making agency for the blind or other [severely] SIGNIF-
 ICANTLY disabled shall accept sole responsibility for  any  payment  due
 the department of corrections and community supervision.
   e.  The  commissioner  of  the  office of children and family services
 shall appoint the New York state commission  for  the  blind,  or  other
 non-profit-making  agency,  other than the agency representing the other
 [severely] SIGNIFICANTLY disabled, to  facilitate  the  distribution  of
 orders  among  qualified  non-profit-making  charitable agencies for the
 blind. The state commissioner of education shall appoint  a  non-profit-
 making  agency, other than the agency representing the blind, to facili-
 tate the distribution of orders among qualified non-profit-making chari-
 table agencies  for  the  other  severely  disabled  and  the  veterans'
 workshops.    [The  state commissioner of mental health shall facilitate
 the distribution of orders among qualified special  employment  programs
 operated or approved by the office of mental health serving mentally ill
 persons.]
   f.  The  commissioner  may  request  the  state comptroller to conduct
 audits and examinations to be made of all records, books and data of any
 agency for the blind or the  other  [severely]  SIGNIFICANTLY  disabled,
 [any  special employment program for mentally ill persons] or any veter-
 ans' workshops qualified under this section to determine  the  costs  of
 manufacture  or  the rendering of services and the manner and efficiency
 of production and administration of such agency  or  special  employment
 program  or  veterans' workshop with relation to any product or services
 purchased by a state agency or political subdivision or  public  benefit
 corporation  and to furnish the results of such audit and examination to
 the commissioner for such action as he or she may deem appropriate under
 this section.
   § 2. This act shall take effect on the one hundred eightieth day after
 it shall have become a law.
 
                                  PART O
 
   Section 1. Subdivision 5 of section 54 of  the  workers'  compensation
 law,  as  amended  by section 23 of part GG of chapter 57 of the laws of
 2013, is amended to read as follows:
   5. Cancellation and termination of insurance contracts. No contract of
 insurance issued by an insurance carrier against liability arising under
 this chapter shall be cancelled within the time limited in such contract
 for its expiration unless notice is given as required by  this  section.
 When  cancellation  is  due  to non-payment of premiums and assessments,
 such cancellation shall not be effective until at least ten days after a
 notice of cancellation of such contract, on a  date  specified  in  such
 notice, shall be filed in the office of the chair and also served on the
 employer.  When cancellation is due to any reason other than non-payment

 S. 2005--A                         56                         A. 3005--A
 
 of premiums and assessments, such cancellation shall  not  be  effective
 until  at  least  thirty  days  after  a  notice of cancellation of such
 contract, on a date specified in such notice,  shall  be  filed  in  the
 office  of the chair and also served on the employer; provided, however,
 in either case, that if the employer has secured insurance with  another
 insurance carrier which becomes effective prior to the expiration of the
 time  stated  in  such notice, the cancellation shall be effective as of
 the date of such other coverage. No insurer shall refuse  to  renew  any
 policy  insuring  against liability arising under this chapter unless at
 least thirty days prior to its expiration notice  of  intention  not  to
 renew  has  been filed in the office of the chair and also served on the
 employer.
   Such notice shall be served on the employer by delivering it  to  him,
 her  or  it or by sending it by mail, by certified or registered letter,
 return receipt requested, addressed to the employer at his, her  or  its
 last  known place of business; provided that, if the employer be a part-
 nership, then such notice may be so given to any of one of the partners,
 and if the employer be a corporation then the notice may be given to any
 agent or officer of the corporation  upon  whom  legal  process  may  be
 served;  and  further provided that an employer may designate any person
 or entity at any address to receive such  notice  including  the  desig-
 nation  of  one person or entity to receive notice on behalf of multiple
 entities insured under one insurance policy and that service  of  notice
 at  the address so designated upon the person or entity so designated by
 delivery or by mail, by certified or registered letter,  return  receipt
 requested,  shall  satisfy  the  notice  requirement  of  this  section.
 [Provided, however, the]
   THE right to cancellation of a policy of insurance in the state INSUR-
 ANCE fund shall be  exercised  only  for  non-payment  of  premiums  and
 assessments,  OR  FAILURE  BY  THE  EMPLOYER TO COOPERATE WITH A PAYROLL
 AUDIT, or as provided in section ninety-four of this chapter.
   THE STATE INSURANCE FUND MAY CANCEL A POLICY FOR THE EMPLOYER'S  FAIL-
 URE  TO COOPERATE WITH A PAYROLL AUDIT IF THE EMPLOYER FAILS TO (I) KEEP
 AN APPOINTMENT WITH A PAYROLL AUDITOR, AFTER THE  STATE  INSURANCE  FUND
 HAS  MADE  AT  LEAST  TWO ATTEMPTS TO SCHEDULE AN APPOINTMENT DURING THE
 EMPLOYER'S REGULAR  BUSINESS  HOURS,  WHEN  SUCH  EMPLOYER  IS  PROVIDED
 ADVANCE  WRITTEN  NOTICE  OF  SUCH APPOINTMENTS OR (II) FURNISH BUSINESS
 RECORDS IN THE COURSE OF A PAYROLL AUDIT AS REQUIRED PURSUANT TO SECTION
 NINETY-FIVE OR ONE HUNDRED THIRTY-ONE OF THIS CHAPTER. AT LEAST  FIFTEEN
 DAYS IN ADVANCE OF SENDING A NOTICE OF CANCELLATION FOR FAILURE TO COOP-
 ERATE  WITH A PAYROLL AUDIT, THE STATE INSURANCE FUND SHALL SEND A WARN-
 ING NOTICE TO THE EMPLOYER IN THE SAME MANNER AS PROVIDED IN THIS SUBDI-
 VISION FOR SERVING A NOTICE OF CANCELLATION. SUCH NOTICE SHALL SPECIFY A
 MEANS OF CONTACTING THE STATE INSURANCE FUND TO SET UP AN AUDIT APPOINT-
 MENT. THE STATE INSURANCE FUND WILL BE REQUIRED TO PROVIDE ONLY ONE SUCH
 WARNING NOTICE TO AN EMPLOYER RELATED TO ANY  PARTICULAR  PAYROLL  AUDIT
 PRIOR TO CANCELLATION.
   The  provisions  of  this  subdivision shall not apply with respect to
 policies containing coverage pursuant to subsection (j) of section three
 thousand four hundred twenty of the  insurance  law  relating  to  every
 policy  providing  comprehensive  personal liability insurance on a one,
 two, three or four family owner-occupied dwelling.
   In the event such cancellation or termination notice is not filed with
 the chair within the required time period,  the  chair  shall  impose  a
 penalty  in  the  amount  of up to five hundred dollars for each ten-day
 period the insurance carrier or state insurance fund failed to file  the

 S. 2005--A                         57                         A. 3005--A
 
 notification. All penalties collected pursuant to this subdivision shall
 be deposited in the uninsured employers' fund.
   §  2.  Section  93  of  the  workers'  compensation law, as amended by
 section 24 of part GG of chapter 57 of the laws of 2013, is  amended  to
 read as follows:
   §  93.  Collection of premium in case of default. a. If a policyholder
 shall default in any payment required to be made by [him]  SUCH  POLICY-
 HOLDER  to  the  state  insurance fund OR SHALL FAIL TO COOPERATE WITH A
 PAYROLL AUDIT AS SPECIFIED IN SUBDIVISION FIVE OF SECTION FIFTY-FOUR  OF
 THIS  CHAPTER,  after due notice, [his] SUCH POLICYHOLDER'S insurance in
 the state INSURANCE fund may be cancelled and the amount due from  [him]
 SUCH  POLICYHOLDER  shall  be  collected by civil action brought against
 [him] SUCH POLICYHOLDER in any county wherein the state  insurance  fund
 maintains an office in the name of the commissioners of the state insur-
 ance  fund  and  the  same, when collected, shall be paid into the state
 insurance fund, and such policyholder's compliance with  the  provisions
 of  this  chapter  requiring  payments to be made to the state insurance
 fund shall date from the time of the payment of said money to the  state
 insurance fund.
   b.  An  employer,  whose policy of insurance has been cancelled by the
 state insurance fund for non-payment of premium and assessments, OR  FOR
 FAILURE  TO  COOPERATE  WITH  A  PAYROLL AUDIT, or [withdraws] CANCELLED
 pursuant to section  ninety-four  of  this  article,  is  ineligible  to
 contract  for  a subsequent policy of insurance with the state insurance
 fund [while] UNTIL THE STATE INSURANCE FUND  RECEIVES  FULL  COOPERATION
 FROM  SUCH  EMPLOYER  IN  COMPLETING  ANY PAYROLL AUDIT ON THE CANCELLED
 POLICY AND the billed premium on the cancelled  policy  [remains  uncol-
 lected]  IS  PAID, INCLUDING ANY ADDITIONAL AMOUNTS BILLED FOLLOWING THE
 COMPLETION OF ANY PAYROLL AUDIT.
   c. The state insurance fund shall not be required to write a policy of
 insurance for any employer which is owned or controlled or the  majority
 interest of which is owned or controlled, directly or indirectly, by any
 person  who  directly  or  indirectly  owns  or  controls  or  owned  or
 controlled at the time of cancellation an employer whose  former  policy
 of insurance with the state insurance fund was cancelled for non-payment
 of  premium  and assessments, OR FOR FAILURE TO COOPERATE WITH A PAYROLL
 AUDIT, or [withdraws] CANCELLED pursuant to section ninety-four of  this
 article,  or  who  is  or was at the time of cancellation the president,
 vice-president, secretary or treasurer of such  an  employer  until  THE
 STATE  INSURANCE  FUND  RECEIVES  FULL COOPERATION FROM SUCH EMPLOYER IN
 COMPLETING ANY PAYROLL AUDIT AND the billed  premium  on  the  cancelled
 policy  is  paid,  INCLUDING ANY ADDITIONAL AMOUNTS BILLED FOLLOWING THE
 COMPLETION OF ANY PAYROLL AUDIT.
   For purposes of this subdivision, "person" [shall include individuals,
 partnerships, corporations, and other associations] MEANS  ANY  INDIVID-
 UAL, FIRM, COMPANY, PARTNERSHIP, CORPORATION, LIMITED LIABILITY COMPANY,
 JOINT  VENTURE, JOINT-STOCK ASSOCIATION, ASSOCIATION, TRUST OR ANY OTHER
 LEGAL ENTITY WHATSOEVER.
   D. FOR THE PURPOSES OF THIS SECTION, THE WORD "PREMIUM"  INCLUDES  ALL
 AMOUNTS  REQUIRED  TO  BE PAID TO THE STATE INSURANCE FUND INCLUDING ANY
 ASSESSMENT BY THE BOARD THAT  THE  STATE  INSURANCE  FUND  BILLS  TO  AN
 EMPLOYER.
   §  3. Section 95 of the workers' compensation law, as amended by chap-
 ter 135 of the laws of 1998, is amended to read as follows:
   § 95. Record and audit of payrolls.  (1) Every employer who is insured
 in the state insurance fund shall keep a true and accurate record of the

 S. 2005--A                         58                         A. 3005--A
 
 number of [his] ITS employees,  THE  CLASSIFICATION  OF  ITS  EMPLOYEES,
 INFORMATION  REGARDING  EMPLOYEE  ACCIDENTS  and the wages paid by [him]
 SUCH EMPLOYER, AS WELL AS SUCH RECORDS RELATING TO ANY PERSON PERFORMING
 SERVICES  UNDER  A  SUBCONTRACT  WITH  SUCH EMPLOYER THAT IS NOT COVERED
 UNDER THE SUBCONTRACTOR'S OWN WORKERS'  COMPENSATION  INSURANCE  POLICY,
 and  shall  furnish,  upon  demand, a sworn statement of the same.  Such
 record AND ANY OTHER RECORDS OF AN EMPLOYER CONTAINING SUCH  INFORMATION
 PERTAINING  TO  ANY  POLICY  PERIOD  INCLUDING,  BUT NOT LIMITED TO, ANY
 LEDGERS, JOURNALS,  REGISTERS,  VOUCHERS,  CONTRACTS,  TAX  RETURNS  AND
 REPORTS,  PAYROLL  AND  DISTRIBUTION  RECORDS, AND COMPUTER PROGRAMS FOR
 RETRIEVING DATA, CERTIFICATES OF INSURANCE PERTAINING TO  SUBCONTRACTORS
 AND ANY OTHER BUSINESS RECORDS SPECIFIED BY THE RULES OF THE BOARD shall
 be  open  to  inspection  BY THE STATE INSURANCE FUND at any time and as
 often as may be necessary to verify the number of employees  [and],  the
 amount  of  the payroll, THE CLASSIFICATION OF EMPLOYEES AND INFORMATION
 REGARDING EMPLOYEE ACCIDENTS.   Any employer  who  shall  fail  to  keep
 [such]  ANY record REQUIRED IN THIS SECTION, who shall willfully fail to
 furnish such record or who shall willfully falsify  any  such  record[,]
 shall  be guilty of a misdemeanor AND SUBJECT TO A FINE OF NOT LESS THAN
 FIVE THOUSAND DOLLARS NOR MORE THAN TEN THOUSAND DOLLARS IN ADDITION  TO
 ANY  OTHER  PENALTIES  OTHERWISE  PROVIDED  BY LAW, EXCEPT THAT ANY SUCH
 EMPLOYER THAT HAS PREVIOUSLY BEEN SUBJECT TO  CRIMINAL  PENALTIES  UNDER
 THIS  SECTION  WITHIN  THE  PRIOR TEN YEARS SHALL BE GUILTY OF A CLASS E
 FELONY, AND SUBJECT TO A FINE OF NOT LESS THAN TEN THOUSAND DOLLARS  NOR
 MORE  THAN  TWENTY-FIVE  THOUSAND  DOLLARS  IN ADDITION TO ANY PENALTIES
 OTHERWISE PROVIDED BY LAW.
   (2) Employers subject to [subdivision] SUBSECTION (e) of  section  two
 thousand  three hundred four of the insurance law and subdivision two of
 section eighty-nine of this article  shall  keep  a  true  and  accurate
 record  of  hours  worked for all construction classification employees.
 The willful failure to keep such record, or the knowing falsification of
 any such record, may be prosecuted as insurance fraud in accordance with
 the provisions of section 176.05 of the penal law.
   § 4. Subdivision 1 of section 131 of the workers' compensation law, as
 amended by chapter 6 of the laws of 2007, is amended to read as follows:
   (1) Every employer subject to the provisions  of  this  chapter  shall
 keep  a  true  and  accurate  record  of  the number of [his or her] ITS
 employees, the classification of ITS  employees,  information  regarding
 employee  accidents and the wages paid by [him or her] SUCH EMPLOYER for
 a period of four years after each entry therein, [which] AS WELL AS SUCH
 RECORDS RELATING TO ANY PERSON PERFORMING SERVICES UNDER  A  SUBCONTRACT
 OF SUCH EMPLOYER THAT IS NOT COVERED UNDER THE SUBCONTRACTOR'S OWN WORK-
 ERS'  COMPENSATION  INSURANCE  POLICY.  SUCH  records  shall  be open to
 inspection at any time, and as often as may be necessary to  verify  the
 same by investigators of the board, by the authorized auditors, account-
 ants  or inspectors of the carrier with whom the employer is insured, or
 by the authorized auditors, accountants or inspectors  of  any  workers'
 compensation  insurance  rating  board  or  bureau  operating  under the
 authority of the insurance law and of which board or bureau such carrier
 is a member or the group trust of which the employer is  a  member.  Any
 and  all  records required by law to be kept by such employer upon which
 the employer makes or files a return concerning wages paid to  employees
 OR ANY OTHER RECORDS OF AN EMPLOYER CONTAINING SUCH INFORMATION RELEVANT
 TO  ANY  POLICY  PERIOD INCLUDING BUT NOT LIMITED TO, ANY LEDGERS, JOUR-
 NALS, REGISTERS, VOUCHERS, CONTRACTS, TAX RETURNS AND  REPORTS,  PAYROLL
 AND  DISTRIBUTION  RECORDS,  AND  COMPUTER PROGRAMS FOR RETRIEVING DATA,

 S. 2005--A                         59                         A. 3005--A

 CERTIFICATES OF INSURANCE PERTAINING TO  SUBCONTRACTORS  AND  ANY  OTHER
 BUSINESS  RECORDS SPECIFIED BY THE RULES OF THE BOARD shall form part of
 the records described in this section and shall be open to inspection in
 the same manner as provided in this section. Any employer who shall fail
 to keep such records, who shall willfully fail to furnish such record as
 required in this section or who shall falsify any such records, shall be
 guilty  of a misdemeanor and subject to a fine of not less than five nor
 more than ten thousand dollars in addition to any other penalties other-
 wise provided by law, except that any such employer that has  previously
 been  subject  to criminal penalties under this section within the prior
 ten years shall be guilty of a class E felony, and subject to a fine  of
 not less than ten nor more than twenty-five thousand dollars in addition
 to any penalties otherwise provided by law.
   §  5.  This  act shall take effect on the ninetieth day after it shall
 have become a law and shall be applicable to policies issued or  renewed
 after such date.
 
                                  PART P
 
   Section  1.  Subdivision  2 of section 87 of the workers' compensation
 law, as added by section 20 of part GG of chapter  57  of  the  laws  of
 2013, is amended to read as follows:
   2.  Any of the surplus funds belonging to the state insurance fund, by
 order of the commissioners, approved by the superintendent of  financial
 services,  may  be  invested (1) in the types of securities described in
 subdivisions one, two, three, four, five, six, eleven, twelve, twelve-a,
 thirteen, fourteen, fifteen, nineteen, twenty, twenty-one, twenty-one-a,
 twenty-four, twenty-four-a, twenty-four-b, twenty-four-c and twenty-five
 of section two hundred thirty-five of the banking law,  OR  (2)  IN  THE
 TYPES  OF  OBLIGATIONS  DESCRIBED  IN PARAGRAPH TWO OF SUBSECTION (A) OF
 SECTION ONE THOUSAND FOUR HUNDRED FOUR OF THE INSURANCE LAW EXCEPT  THAT
 UP  TO  TWENTY-FIVE  PERCENT  OF  SURPLUS FUNDS MAY BE INVESTED IN OBLI-
 GATIONS RATED INVESTMENT GRADE BY  A  NATIONALLY  RECOGNIZED  SECURITIES
 RATING  ORGANIZATION, or[,] (3) up to fifty percent of surplus funds, in
 the types of securities or investments described  in  paragraphs  [two,]
 three,  eight  and  ten  of  subsection (a) of section one thousand four
 hundred four of the insurance law, except that [up  to  ten  percent  of
 surplus  funds  may  be  invested] INVESTMENTS in [the securities of any
 solvent American institution as described in such  paragraphs]  DIVERSI-
 FIED INDEX FUNDS AND ACCOUNTS MAY BE MADE irrespective of the rating [of
 such  institution's  obligations] or other similar qualitative standards
 [described therein, and] APPLICABLE UNDER SUCH PARAGRAPHS, OR (4) UP  TO
 TEN  PERCENT OF SURPLUS FUNDS, IN THE TYPES OF SECURITIES OR INVESTMENTS
 DESCRIBED IN PARAGRAPHS TWO, THREE AND TEN OF SUBSECTION (A) OF  SECTION
 ONE  THOUSAND FOUR HUNDRED FOUR OF THE INSURANCE LAW IRRESPECTIVE OF THE
 RATING OF SUCH INSTITUTION'S OBLIGATIONS OR  OTHER  SIMILAR  QUALITATIVE
 STANDARD, OR (5) up to fifteen percent of surplus funds in securities or
 investments  which  do  not  otherwise qualify for investment under this
 section as shall be made with the care, prudence and diligence under the
 circumstances then prevailing that a prudent person  acting  in  a  like
 capacity  and  familiar with such matters would use in the conduct of an
 enterprise of a like character and with like aims as  provided  for  the
 state  insurance  fund  under  this  article,  but shall not include any
 direct derivative instrument or derivative transaction except for  hedg-
 ing  purposes.  Notwithstanding any other provision in this subdivision,
 the aggregate amount that the state insurance fund  may  invest  in  the

 S. 2005--A                         60                         A. 3005--A

 types  of securities or investments described in paragraphs three, eight
 and ten of subsection (a) of section one thousand four hundred  four  of
 the  insurance  law  and  as  a prudent person acting in a like capacity
 would  invest  as  provided  in  this subdivision shall not exceed fifty
 percent of such surplus funds.  FOR PURPOSES OF  THIS  SUBDIVISION,  ANY
 FUNDS  APPROPRIATED PURSUANT TO THE PROVISIONS OF SUBDIVISION ONE OR TWO
 OF SECTION EIGHTY-SEVEN-F  OF  THIS  ARTICLE  SHALL  NOT  BE  CONSIDERED
 SURPLUS FUNDS.
   § 2. This act shall take effect immediately.
 
                                  PART Q
 
   Section 1. The civil service law is amended by adding a new section 66
 to read as follows:
   §  66.  TERM APPOINTMENTS IN INFORMATION TECHNOLOGY. 1. THE DEPARTMENT
 MAY AUTHORIZE A TERM APPOINTMENT  WITHOUT  EXAMINATION  TO  A  TEMPORARY
 POSITION  REQUIRING  SPECIAL  EXPERTISE OR QUALIFICATIONS IN INFORMATION
 TECHNOLOGY WITHIN THE OFFICE OF INFORMATION  TECHNOLOGY  SERVICES.  SUCH
 APPOINTMENTS  SHALL  BE  AUTHORIZED  ONLY  IN A CASE WHERE THE OFFICE OF
 INFORMATION TECHNOLOGY SERVICES CERTIFIES TO THE DEPARTMENT THAT BECAUSE
 OF THE TYPE OF SERVICES TO BE RENDERED, OR THE TEMPORARY  OR  OCCASIONAL
 CHARACTER OF SUCH SERVICES, IT WOULD NOT BE PRACTICABLE TO HOLD AN EXAM-
 INATION  OF  ANY  KIND.  SUCH  CERTIFICATION  SHALL BE A PUBLIC DOCUMENT
 PURSUANT TO THE PUBLIC OFFICERS  LAW  AND  SHALL  IDENTIFY  THE  SPECIAL
 EXPERTISE  OR  QUALIFICATIONS  THAT  ARE REQUIRED AND WHY THEY CANNOT BE
 OBTAINED THROUGH AN APPOINTMENT FROM AN ELIGIBLE  LIST.  THE  DEPARTMENT
 SHALL  REVIEW THE CERTIFICATION TO CONFIRM THAT THE SPECIAL EXPERTISE OR
 QUALIFICATIONS  IDENTIFIED  BY  THE  OFFICE  OF  INFORMATION  TECHNOLOGY
 SERVICES  CANNOT  BE  OBTAINED  THROUGH  AN APPOINTMENT FROM AN ELIGIBLE
 LIST. THE MAXIMUM PERIOD FOR SUCH INITIAL TERM  APPOINTMENT  ESTABLISHED
 PURSUANT  TO  THIS  SUBDIVISION SHALL NOT EXCEED SIXTY MONTHS AND, OTHER
 THAN AS SET FORTH IN SUBDIVISION TWO  OF  THIS  SECTION,  SHALL  NOT  BE
 EXTENDED,  AND  THE MAXIMUM NUMBER OF SUCH APPOINTMENTS SHALL NOT EXCEED
 TWO HUNDRED FIFTY.
   2. AT LEAST FIFTEEN DAYS PRIOR TO MAKING A TERM  APPOINTMENT  PURSUANT
 TO  THIS  SECTION, THE APPOINTING AUTHORITY SHALL PUBLICLY AND CONSPICU-
 OUSLY POST IN ITS OFFICES INFORMATION ABOUT THE TEMPORARY  POSITION  AND
 THE  REQUIRED  QUALIFICATIONS  AND SHALL ALLOW ANY QUALIFIED EMPLOYEE TO
 APPLY FOR THE POSITION.   IN THE  EVENT  THAT  A  PERMANENT  COMPETITIVE
 EMPLOYEE  IS  QUALIFIED FOR THE POSTED POSITION, THE APPOINTMENT OF SUCH
 EMPLOYEE SHALL TAKE PRECEDENCE OVER THE APPOINTMENT OF ANY TERM POSITION
 PURSUANT TO THIS SECTION. AN EMPLOYEE APPOINTED PURSUANT TO THIS SECTION
 WHO HAS COMPLETED TWO YEARS OF CONTINUOUS  SERVICE  UNDER  THIS  SECTION
 SHALL  BE  ELIGIBLE TO COMPETE IN PROMOTIONAL EXAMINATIONS THAT ARE ALSO
 OPEN TO OTHER EMPLOYEES WHO HAVE PERMANENT  CIVIL  SERVICE  APPOINTMENTS
 AND  APPROPRIATE  QUALIFICATIONS. IN THE EVENT THAT THE DEPARTMENT FAILS
 TO CERTIFY A PROMOTIONAL LIST FOR AN EXAMINATION IN WHICH THE  APPOINTEE
 HAS  COMPETED  WITHIN  THE  INITIAL  SIXTY  MONTH TERM APPOINTMENT, SUCH
 APPOINTMENT MAY BE EXTENDED BY THE DEPARTMENT, UPON CERTIFICATION OF THE
 APPOINTING AUTHORITY, FOR PERIODS OF UP TO THIRTY-SIX MONTHS UNTIL  SUCH
 TIME  AS  A PROMOTIONAL LIST RESULTING FROM THE EXAMINATION IN WHICH THE
 EMPLOYEE COMPETED IS CERTIFIED.
   3. A TEMPORARY POSITION ESTABLISHED PURSUANT TO THIS  SECTION  MAY  BE
 ABOLISHED  FOR  REASON  OF  ECONOMY, CONSOLIDATION OR ABOLITION OF FUNC-
 TIONS, CURTAILMENT OF ACTIVITIES OR OTHERWISE. UPON SUCH ABOLITION OR AT
 THE END OF THE TERM OF  THE  APPOINTMENT,  THE  PROVISIONS  OF  SECTIONS

 S. 2005--A                         61                         A. 3005--A
 
 SEVENTY-EIGHT, SEVENTY-NINE, EIGHTY AND EIGHTY-ONE OF THIS CHAPTER SHALL
 NOT APPLY.  IN THE EVENT OF A REDUCTION OF WORKFORCE PURSUANT TO SECTION
 EIGHTY  OF  THIS CHAPTER AFFECTING INFORMATION TECHNOLOGY POSITIONS, THE
 TERM  APPOINTMENTS  PURSUANT TO THIS SECTION SHALL BE ABOLISHED PRIOR TO
 THE ABOLITION OF  PERMANENT  COMPETITIVE  CLASS  INFORMATION  TECHNOLOGY
 POSITIONS  AT  SUCH  AGENCY INVOLVING COMPARABLE SKILLS AND RESPONSIBIL-
 ITIES.
   § 2. Notwithstanding any provision of law to the contrary, the depart-
 ment of civil service may limit certification from the following  eligi-
 ble  lists to those who are eligible and identified as having knowledge,
 skills or certifications, or any combination thereof, by the  appointing
 authority as necessary to perform the duties of certain positions:
 Information Technology Specialist 4                               G-25
 Information Technology Specialist 4 (Data Communications)         G-25
 Information Technology Specialist 4 (Systems Programming)         G-25
 Manager Information Technology Services 1                         G-27
 Manager Information Technology Services 1 (Data Communications)   G-27
 Manager Information Technology Services 1 (Database)              G-27
 Manager Information Technology Services 1 (Systems Programming)   G-27
 Manager Information Technology Services 2                         G-29
 Manager Information Technology Services 2 (Technical)             G-29
   § 3. This act shall take effect immediately.
 
                                  PART R

   Section  1. Subdivisions 1 and 2 of section 3-a of the general munici-
 pal law, subdivision 1 as amended by chapter 4 of the laws of 1991,  and
 subdivision 2 as amended by chapter 777 of the laws of 1978, are amended
 to read as follows:
   1.  Except  as  provided  in  subdivisions  two, four and five of this
 section, the rate of interest to be paid by a municipal corporation upon
 any judgment or accrued claim against the  municipal  corporation  shall
 [not  exceed nine per centum per annum] BE CALCULATED AT A RATE EQUAL TO
 THE WEEKLY  AVERAGE  ONE  YEAR  CONSTANT  MATURITY  TREASURY  YIELD,  AS
 PUBLISHED  BY  THE BOARD OF GOVERNORS OF THE FEDERAL RESERVE SYSTEM, FOR
 THE CALENDAR WEEK PRECEDING THE DATE OF THE ENTRY OF THE JUDGMENT AWARD-
 ING DAMAGES.  IN NO EVENT, HOWEVER, SHALL A MUNICIPAL CORPORATION PAY  A
 RATE  OF  INTEREST  ON  ANY JUDGMENT OR ACCRUED CLAIM EXCEEDING NINE PER
 CENTUM PER ANNUM.
   2. The rate of interest to be paid upon any judgment or accrued  claim
 against the municipal corporation rising out of condemnation proceedings
 or  action  to  recover damages for wrongful death shall [not exceed six
 per centum per annum] BE CALCULATED AT A RATE EQUAL TO THE WEEKLY  AVER-
 AGE ONE YEAR CONSTANT MATURITY TREASURY YIELD, AS PUBLISHED BY THE BOARD
 OF  GOVERNORS  OF  THE  FEDERAL  RESERVE  SYSTEM,  FOR THE CALENDAR WEEK
 PRECEDING THE DATE OF THE ENTRY OF THE JUDGEMENT AWARDING DAMAGES. IN NO
 EVENT, HOWEVER, SHALL A MUNICIPAL CORPORATION PAY A RATE OF INTEREST  ON
 ANY JUDGMENT OR ACCRUED CLAIM EXCEEDING SIX PER CENTUM PER ANNUM.
   §  2.  Subdivision  5  of  section  157  of the public housing law, as
 amended by chapter 681 of the laws  of  1982,  is  amended  to  read  as
 follows:
   5.  The  rate of interest to be paid by an authority upon any judgment
 or accrued claim against the authority shall [not exceed nine per centum
 per annum] BE CALCULATED AT A RATE EQUAL TO THE WEEKLY AVERAGE ONE  YEAR
 CONSTANT MATURITY TREASURY YIELD, AS PUBLISHED BY THE BOARD OF GOVERNORS
 OF  THE FEDERAL RESERVE SYSTEM, FOR THE CALENDAR WEEK PRECEDING THE DATE

 S. 2005--A                         62                         A. 3005--A
 
 OF THE ENTRY OF THE JUDGMENT AWARDING DAMAGES.   IN NO  EVENT,  HOWEVER,
 SHALL  AN  AUTHORITY  PAY  A RATE OF INTEREST ON ANY JUDGMENT OR ACCRUED
 CLAIM EXCEEDING NINE PER CENTUM PER ANNUM.
   § 3. Section 16 of the state finance law, as amended by chapter 681 of
 the laws of 1982, is amended to read as follows:
   §  16.  Rate  of  interest on judgments and accrued claims against the
 state.  The rate of interest to be paid by the state upon  any  judgment
 or accrued claim against the state shall [not exceed nine per centum per
 annum]  BE  CALCULATED  AT  A  RATE EQUAL TO THE WEEKLY AVERAGE ONE YEAR
 CONSTANT MATURITY TREASURY YIELD, AS PUBLISHED BY THE BOARD OF GOVERNORS
 OF THE FEDERAL RESERVE SYSTEM, FOR THE CALENDAR WEEK PRECEDING THE  DATE
 OF  THE  ENTRY  OF  THE JUDGMENT AWARDING DAMAGES. IN NO EVENT, HOWEVER,
 SHALL THE STATE PAY A RATE OF INTEREST ON ANY JUDGMENT OR ACCRUED  CLAIM
 EXCEEDING NINE PER CENTUM PER ANNUM.
   §  4.  Section  1  of chapter 585 of the laws of 1939, relating to the
 rate of interest to be paid by certain public  corporations  upon  judg-
 ments and accrued claims, as amended by chapter 681 of the laws of 1982,
 is amended to read as follows:
   Section  1.  The  rate  of interest to be paid by a public corporation
 upon any judgment or accrued claim against the public corporation  shall
 [not  exceed nine per centum per annum] BE CALCULATED AT A RATE EQUAL TO
 THE WEEKLY  AVERAGE  ONE  YEAR  CONSTANT  MATURITY  TREASURY  YIELD,  AS
 PUBLISHED  BY  THE BOARD OF GOVERNORS OF THE FEDERAL RESERVE SYSTEM, FOR
 THE CALENDAR WEEK PRECEDING THE DATE OF THE ENTRY OF THE JUDGMENT AWARD-
 ING DAMAGES. IN NO EVENT, HOWEVER, SHALL A PUBLIC CORPORATION PAY A RATE
 OF INTEREST ON ANY JUDGMENT OR ACCRUED CLAIM EXCEEDING NINE  PER  CENTUM
 PER  ANNUM. The term "public corporation" as used in this act shall mean
 and include every corporation created for  the  construction  of  public
 improvements,  other than a county, city, town, village, school district
 or fire district or an improvement district established  in  a  town  or
 towns,  and  possessing  both the power to contract indebtedness and the
 power to collect rentals, charges, rates or fees for services or facili-
 ties furnished or supplied.
   § 5. This act shall take effect immediately, and shall  be  deemed  to
 have been in full force and effect on and after April 1, 2017.
 
                                  PART S

   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:
   § 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
 MAY  FIRST,  TWO  THOUSAND  SEVENTEEN an amount [equal to] NOT TO EXCEED
 $104.90 PER MONTH FOR the STANDARD  MEDICARE  premium  charge  for  such
 supplementary  medical  insurance  benefits  for  such active or retired
 employee and his or her dependents WHO ENROLLED IN MEDICARE ON OR BEFORE
 DECEMBER THIRTY-FIRST, TWO THOUSAND  FIFTEEN,  if  any,  shall  be  paid
 monthly  or  at  other intervals to such active or retired employee from
 the health insurance fund.  FOR AN ACTIVE OR RETIRED EMPLOYEE OR HIS  OR
 HER  DEPENDENTS  WHO ENROLLED IN MEDICARE ON OR AFTER JANUARY FIRST, TWO
 THOUSAND SIXTEEN, THE LESSER OF  $121.80  PER  MONTH  OR  THE  CURRENTLY
 APPLICABLE  STANDARD  MEDICARE  PREMIUM  CHARGE  FOR  SUCH SUPPLEMENTARY

 S. 2005--A                         63                         A. 3005--A
 
 MEDICAL INSURANCE BENEFITS FOR SUCH ACTIVE OR RETIRED EMPLOYEE  AND  HIS
 OR  HER  DEPENDENTS, IF ANY, SHALL BE PAID MONTHLY OR AT OTHER INTERVALS
 TO SUCH ACTIVE OR RETIRED  EMPLOYEE  FROM  THE  HEALTH  INSURANCE  FUND.
 FURTHERMORE,  EFFECTIVE  JANUARY  FIRST,  TWO  THOUSAND SEVENTEEN, THERE
 SHALL BE NO PAYMENT WHATSOEVER FOR THE INCOME RELATED MONTHLY ADJUSTMENT
 AMOUNT FOR AMOUNTS (PREMIUMS) INCURRED ON OR AFTER  JANUARY  FIRST,  TWO
 THOUSAND  SEVENTEEN  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 organiza-
 tions of the state eligible for participation in the health benefit plan
 as authorized by subdivision two of section one hundred  sixty-three  of
 this  article, shall be adjusted as necessary to cover the cost of reim-
 bursing federal old-age,  survivors  and  disability  insurance  program
 premium  charges  under this section. This cost shall be included in the
 calculation of premium  or  subscription  charges  for  health  coverage
 provided to employees and retired employees of the state, public author-
 ities,  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.
   §  2.  This  act  shall take effect immediately and shall apply on and
 after May 1, 2017 for the standard medicare  premium  amount  and  shall
 apply  on  January  1,  2017  for  the income related monthly adjustment
 amount for amounts (premiums) incurred on or after January 1, 2017.
 
                                  PART T
 
   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  SEVEN-
 TEEN 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

 S. 2005--A                         64                         A. 3005--A
 
 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 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-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.

 S. 2005--A                         65                         A. 3005--A
 
   (F) THE PROVISIONS OF THIS SUBDIVISION SHALL NOT BE APPLICABLE TO:
   (1) MEMBERS OF THE NEW YORK STATE AND LOCAL POLICE AND FIRE RETIREMENT
 SYSTEM;
   (2)  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
   (3)  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  COST  OF   PREMIUM   OR
 SUBSCRIPTION  CHARGES 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 SEVENTEEN, THE STATE
 SHALL CONSIDER ALL YEARS OF SERVICE THAT A RETIRED  STATE  EMPLOYEE  HAS
 ACCRUED  IN  A  PUBLIC  RETIREMENT  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 INSURANCE PROGRAM AS A RETIREE.
   § 2. This act shall take effect October 1, 2017.
 
                                  PART U
 
   Section 1. Article 4 of the municipal home  rule  law  is  amended  by
 adding a new part 4 to read as follows:
                                  PART 4
           COUNTY-WIDE SHARED SERVICES PROPERTY TAX SAVINGS PLAN
 SECTION 39. COUNTY-WIDE SHARED SERVICES PROPERTY TAX SAVINGS PLAN.
   §  39.  COUNTY-WIDE  SHARED  SERVICES  PROPERTY  TAX  SAVINGS PLAN. 1.
 NOTWITHSTANDING THE PROVISIONS OF THIS CHAPTER, THE  ALTERNATIVE  COUNTY
 GOVERNMENT  LAW,  OR  ANY  OTHER  GENERAL,  SPECIAL  OR LOCAL LAW TO THE
 CONTRARY, THE CHIEF EXECUTIVE OFFICER OF EACH COUNTY OUTSIDE OF  A  CITY
 OF  ONE  MILLION  OR  MORE SHALL PREPARE A PROPERTY TAX SAVINGS PLAN FOR
 SHARED, COORDINATED AND EFFICIENT SERVICES  AMONG  THE  COUNTY,  CITIES,
 TOWNS AND VILLAGES WITHIN SUCH COUNTY.
   2. THE MAYOR OF EACH CITY AND VILLAGE IN SUCH COUNTY, AND THE SUPERVI-
 SOR  OF EACH TOWN IN SUCH COUNTY, SHALL INFORM SUCH PROPERTY TAX SAVINGS
 PLAN. THE CHIEF EXECUTIVE OFFICER OF THE  COUNTY  SHALL  SEEK  CONSENSUS
 AMONG  SUCH  MAYORS  AND SUPERVISORS PRIOR TO SUBMISSION OF THE PROPERTY
 TAX SAVINGS PLAN TO THE COUNTY LEGISLATIVE BODY AS SET FORTH IN SUBDIVI-
 SION FOUR OF THIS SECTION. PUBLIC INPUT SHALL INFORM SUCH  PROPERTY  TAX
 SAVINGS  PLAN,  IN  ADDITION  TO  INPUT FROM CIVIC, BUSINESS, LABOR, AND
 COMMUNITY LEADERS. ANY SUCH INPUT SHALL  BE  PROVIDED  AT  ONE  OR  MORE
 PUBLIC HEARINGS TO BE HELD WITHIN THE COUNTY.
   3. SUCH PROPERTY TAX SAVINGS PLAN SHALL CONTAIN NEW RECURRING PROPERTY
 TAX SAVINGS THROUGH ACTIONS SUCH AS, BUT NOT LIMITED TO, THE ELIMINATION
 OF  DUPLICATIVE  SERVICES;  SHARED  SERVICES,  SUCH AS JOINT PURCHASING,
 SHARED HIGHWAY EQUIPMENT,  SHARED  STORAGE  FACILITIES,  SHARED  PLOWING
 SERVICES, AND ENERGY AND INSURANCE PURCHASING COOPERATIVES; REDUCTION IN
 BACK   OFFICE   ADMINISTRATIVE  OVERHEAD;  AND  BETTER  COORDINATION  OF
 SERVICES.
   4. THE CHIEF EXECUTIVE OFFICER OF THE COUNTY SHALL SUBMIT SUCH PROPER-
 TY TAX SAVINGS PLAN TO THE COUNTY LEGISLATIVE BODY NO LATER THAN  AUGUST
 FIRST,  TWO  THOUSAND SEVENTEEN. SUCH PROPERTY TAX SAVINGS PLAN SHALL BE
 ACCOMPANIED BY A  CERTIFICATION  AS  TO  THE  ACCURACY  OF  THE  SAVINGS

 S. 2005--A                         66                         A. 3005--A
 
 CONTAINED  THEREIN.  SUCH CERTIFICATION SHALL ALSO BE TRANSMITTED TO THE
 DIRECTOR OF THE DIVISION OF  THE  BUDGET  NO  LATER  THAN  THE  DATE  OF
 SUBMISSION.
   5.  THE  COUNTY LEGISLATIVE BODY SHALL REVIEW SUCH PLAN AND A MAJORITY
 OF THE MEMBERS OF SUCH BODY MAY MAKE MODIFICATIONS AS  DEEMED  NECESSARY
 TO ENSURE COMPLIANCE WITH THIS SECTION. IF MODIFICATIONS ARE MADE BY THE
 COUNTY  LEGISLATIVE  BODY,  THE  CHIEF  EXECUTIVE OFFICER OF SUCH COUNTY
 SHALL TRANSMIT TO THE DIRECTOR OF THE DIVISION OF THE BUDGET  A  CERTIF-
 ICATION OF THE AMENDED PROPERTY TAX SAVINGS. THE CHIEF EXECUTIVE OFFICER
 SHALL  FINALIZE  SUCH  PROPERTY TAX SAVINGS PLAN NO LATER THAN SEPTEMBER
 FIFTEENTH, TWO THOUSAND  SEVENTEEN,  AND  THE  PLAN  SHALL  BE  PUBLICLY
 DISSEMINATED TO RESIDENTS OF THE COUNTY.
   6.  AT  THE GENERAL ELECTION OCCURRING IN NOVEMBER TWO THOUSAND SEVEN-
 TEEN, THE COUNTY LEGISLATIVE BODY SHALL CAUSE THE QUESTION OF WHETHER TO
 IMPLEMENT THE PROVISIONS OF SUCH FINALIZED PLAN  TO  BE  PLACED  ON  THE
 BALLOT AND VOTED ON BY THE QUALIFIED ELECTORS OF THE COUNTY. IF APPROVED
 BY  A  MAJORITY OF SUCH ELECTORS, THE PLAN SHALL BE IMPLEMENTED NO LATER
 THAN JANUARY FIRST, TWO THOUSAND EIGHTEEN.
   ANY SUCH FINALIZED PROPERTY TAX SAVINGS  PLAN  WHICH  WOULD  HAVE  THE
 EFFECT OF TRANSFERRING OR ABOLISHING A FUNCTION OR DUTY OF THE COUNTY OR
 OF  THE  CITIES, TOWNS, VILLAGES, DISTRICTS OR OTHER UNITS OF GOVERNMENT
 WHOLLY CONTAINED IN THE COUNTY, SHALL NOT BECOME  OPERATIVE  UNLESS  AND
 UNTIL  IT  IS APPROVED IN ACCORDANCE WITH SUBDIVISION (H) OF SECTION ONE
 OF ARTICLE NINE OF THE STATE CONSTITUTION.
   7. IF THE PROPERTY TAX SAVINGS PLAN SHALL FAIL TO OBTAIN APPROVAL OF A
 MAJORITY OF THE ELECTORS VOTING ON THE PLAN IN ACCORDANCE WITH  SUBDIVI-
 SION  SIX  OF  THIS  SECTION, THE CHIEF EXECUTIVE OFFICER OF THE COUNTY,
 WITH INPUT FROM THE MAYOR OF EACH CITY AND VILLAGE IN SUCH  COUNTY,  AND
 THE  SUPERVISOR  OF EACH TOWN IN SUCH COUNTY, SHALL RECEIVE AND RESUBMIT
 SUCH PLAN TO THE COUNTY LEGISLATIVE BODY NO LATER THAN AUGUST FIRST, TWO
 THOUSAND EIGHTEEN. PUBLIC INPUT SHALL INFORM SUCH  RESUBMITTED  PROPERTY
 TAX  SAVINGS PLAN, IN ADDITION TO INPUT FROM CIVIC, BUSINESS, LABOR, AND
 COMMUNITY LEADERS. ANY SUCH INPUT SHALL  BE  PROVIDED  AT  ONE  OR  MORE
 PUBLIC  HEARINGS TO BE HELD WITHIN THE COUNTY. SUCH PLAN SHALL BE ACCOM-
 PANIED BY A CERTIFICATION AS TO THE ACCURACY OF  THE  SAVINGS  CONTAINED
 THEREIN. SUCH CERTIFICATION SHALL ALSO BE TRANSMITTED TO THE DIRECTOR OF
 THE  DIVISION  OF THE BUDGET NO LATER THAN THE DATE OF RESUBMISSION. THE
 COUNTY LEGISLATIVE BODY SHALL REVIEW SUCH RESUBMITTED PLAN.  A  MAJORITY
 OF  THE  MEMBERS OF SUCH BODY MAY MAKE MODIFICATIONS AS DEEMED NECESSARY
 TO ENSURE COMPLIANCE WITH THIS SECTION. IF MODIFICATIONS ARE MADE BY THE
 COUNTY LEGISLATIVE BODY, THE CHIEF  EXECUTIVE  OFFICER  OF  SUCH  COUNTY
 SHALL  TRANSMIT  TO THE DIRECTOR OF THE DIVISION OF THE BUDGET A CERTIF-
 ICATION OF AMENDED PROPERTY TAX SAVINGS.  THE  CHIEF  EXECUTIVE  OFFICER
 SHALL FINALIZE SUCH PLAN NO LATER THAN SEPTEMBER FIFTEENTH, TWO THOUSAND
 EIGHTEEN,  AND  THE PLAN SHALL BE PUBLICLY DISSEMINATED TO THE RESIDENTS
 OF THE COUNTY. AT THE GENERAL ELECTION OCCURRING IN NOVEMBER  TWO  THOU-
 SAND  EIGHTEEN,  THE COUNTY LEGISLATIVE BODY SHALL CAUSE THE QUESTION OF
 WHETHER TO IMPLEMENT THE PROVISIONS OF SUCH FINALIZED  RESUBMITTED  PLAN
 TO BE PLACED ON THE BALLOT AND VOTED ON BY THE QUALIFIED ELECTORS OF THE
 COUNTY. IF APPROVED BY A MAJORITY OF SUCH ELECTORS, THE RESUBMITTED PLAN
 SHALL BE IMPLEMENTED NO LATER THAN JANUARY FIRST, TWO THOUSAND NINETEEN.
   ANY  SUCH  FINALIZED RESUBMITTED PROPERTY TAX SAVINGS PLAN WHICH WOULD
 HAVE THE EFFECT OF TRANSFERRING OR ABOLISHING A FUNCTION OR DUTY OF  THE
 COUNTY  OR  OF  THE CITIES, TOWNS, VILLAGES, DISTRICTS OR OTHER UNITS OF
 GOVERNMENT WHOLLY CONTAINED IN THE COUNTY, SHALL  NOT  BECOME  OPERATIVE

 S. 2005--A                         67                         A. 3005--A
 
 UNLESS  AND  UNTIL  IT IS APPROVED IN ACCORDANCE WITH SUBDIVISION (H) OF
 SECTION ONE OF ARTICLE NINE OF THE STATE CONSTITUTION.
   8.  FOR  THE PURPOSES OF THIS PART "CHIEF EXECUTIVE OFFICER" MEANS THE
 COUNTY EXECUTIVE, COUNTY MANAGER OR OTHER CHIEF EXECUTIVE OF THE COUNTY,
 OR WHERE NONE, THE CHAIR OF THE COUNTY LEGISLATIVE BODY.
   § 2. This act shall take effect immediately.
 
                                  PART V
 
   Section 1. Section 292 of the executive law is amended by adding a new
 subdivision 35 to read as follows:
   35. THE TERM "EDUCATIONAL INSTITUTION", WHEN  USED  IN  THIS  ARTICLE,
 SHALL MEAN:
   (A) ANY EDUCATION CORPORATION OR ASSOCIATION WHICH HOLDS ITSELF OUT TO
 THE  PUBLIC TO BE NON-SECTARIAN AND EXEMPT FROM TAXATION PURSUANT TO THE
 PROVISIONS OF ARTICLE FOUR OF THE REAL PROPERTY TAX LAW; OR
   (B) ANY PUBLIC SCHOOL, INCLUDING ANY SCHOOL DISTRICT, BOARD OF COOPER-
 ATIVE EDUCATIONAL SERVICES, PUBLIC COLLEGE, OR PUBLIC UNIVERSITY.
   § 2. Subdivision 4 of section 296 of the executive law, as amended  by
 chapter 106 of the laws of 2003, is amended to read as follows:
   4.  It  shall be an unlawful discriminatory practice for an [education
 corporation or association which holds itself out to the  public  to  be
 non-sectarian  and  exempt  from  taxation pursuant to the provisions of
 article four of the real property tax law]  EDUCATIONAL  INSTITUTION  to
 deny  the use of its facilities to any person otherwise qualified, or to
 permit the harassment of any student or  applicant,  by  reason  of  his
 race,  color, religion, disability, national origin, sexual orientation,
 military status, sex, age or marital status, except that any such insti-
 tution which establishes or maintains a policy of educating  persons  of
 one sex exclusively may admit students of only one sex.
   § 3. This act shall take effect immediately.
 
                                  PART W
 
   Section  1.  The  public  authorities  law  is amended by adding a new
 section 1680-s to read as follows:
   § 1680-S. NEW YORK STATE CONSOLIDATED LABORATORY PROJECT ACT. 1. SHORT
 TITLE. THIS SECTION SHALL BE KNOWN AND MAY BE CITED  AS  THE  "NEW  YORK
 STATE CONSOLIDATED LABORATORY PROJECT ACT".
   2. LEGISLATIVE FINDINGS AND DECLARATIONS. THE LEGISLATURE HEREBY FINDS
 AND DECLARES AS FOLLOWS:
   (A)  PROCUREMENT  FINDINGS AND DECLARATIONS. (I) PUBLIC WORKS PROJECTS
 IN NEW YORK HAVE TYPICALLY BEEN DELIVERED USING THE TRADITIONAL  DESIGN-
 BID-BUILD  PROJECT  DELIVERY  METHOD, UNDER WHICH SEPARATE CONTRACTS ARE
 LET FOR DESIGN ON A QUALIFICATIONS  BASIS  AND  FOR  CONSTRUCTION  ON  A
 LOWEST RESPONSIBLE BIDDER BASIS.
   (II)  EXPERIENCE IN NEW YORK AND IN A LARGE NUMBER OF OTHER STATES HAS
 SUCCESSFULLY DEMONSTRATED THAT USING ALTERNATIVE  PROJECT  DELIVERY  FOR
 MAJOR  PUBLIC WORKS CAN PROVIDE SEVERAL ADVANTAGES OVER DESIGN-BID-BUILD
 DELIVERY. ALTERNATIVE PROJECT DELIVERY INVOLVES PROCURING A CONTRACT  OR
 CONTRACTS  UNDER  A COMPETITIVE PROPOSAL PROCESS IN WHICH BOTH PRICE AND
 NON-PRICE FACTORS SUCH AS TECHNICAL, FINANCIAL AND COMMERCIAL MERIT  ARE
 USED TO SELECT THE CONTRACTOR OR CONTRACTORS. ALTERNATIVE PROJECT DELIV-
 ERY  METHODS  INCLUDE THE DESIGN-BUILD DELIVERY METHOD, THE CONSTRUCTION
 MANAGER BUILD DELIVERY  METHOD,  AND  THE  CONSTRUCTION  MANAGER-AT-RISK
 DELIVERY METHOD.

 S. 2005--A                         68                         A. 3005--A
 
   (III)  THE  POTENTIAL  ADVANTAGES TO THE PUBLIC OF ALTERNATIVE PROJECT
 DELIVERY GENERALLY INCLUDE:
   (A) EXPEDITING PROJECT DELIVERY;
   (B) IMPROVING PROJECT INNOVATION, QUALITY AND EFFICIENCY;
   (C) REDUCING AND GUARANTEEING DESIGN AND CONSTRUCTION COSTS;
   (D)  PERMITTING  THE  SELECTION  OF THE HIGHEST QUALIFIED DESIGNER AND
 BUILDER TEAM BASED ON PAST PERFORMANCE AND DEMONSTRATED CAPABILITY;
   (E) INCREASING COMPETITION FOR DESIGN AND CONSTRUCTION SERVICES;
   (F) ENHANCING COLLABORATION AMONG THE DESIGNER AND BUILDER; AND
   (G) REDUCING CHANGE ORDERS.
   (B)  PROJECT  FINDINGS  AND  DECLARATIONS.  (I)  WADSWORTH  CENTER  IS
 CURRENTLY SPREAD ACROSS FIVE SEPARATE LOCATIONS IN THE CAPITAL DISTRICT,
 CREATING  INEFFICIENCIES  AND  DUPLICATION OF OPERATIONAL SERVICES. MORE
 THAN HALF OF THE LABORATORIES WERE BUILT IN THE 1930'S  AND  1960'S  AND
 ARE CONSIDERED END-OF-LIFE. INDEPENDENT FACILITY ASSESSMENTS HAVE ESTAB-
 LISHED THAT THE REMEDIATION OF SUCH FACILITIES THROUGH RENOVATION IS NOT
 FEASIBLE,  OR  COST-EFFECTIVE.  ACCORDINGLY,  SUCH  FACILITIES  MUST  BE
 REPLACED.
   (II) CONSOLIDATING SUCH LABORATORIES AND RELATED FACILITIES WILL SERVE
 TO: STRENGTHEN AND ADVANCE PUBLIC  HEALTH  AND  PREPAREDNESS  STRATEGIES
 THROUGHOUT  THE  STATE; REPLACE ANTIQUATED FACILITIES THAT ARE COSTLY TO
 OPERATE AND ARE A HINDRANCE TO SCIENTIFIC PROGRESS; RESULT IN A  SMALLER
 OVERALL  FOOTPRINT  THAN  THE COMBINED FOOTPRINT OF THE EXISTING FACILI-
 TIES; ESTABLISH A SUSTAINABLE, MODERNIZED, AND  CONSOLIDATED  LABORATORY
 CAMPUS;  PROVIDE  FACILITIES WITH IMPROVED EFFICIENCY AND RELIABILITY OF
 OPERATIONS AND MAINTENANCE; PROMOTE ECONOMIC AND  INTELLECTUAL  PROPERTY
 DEVELOPMENT;  AND  PROVIDE OPPORTUNITIES TO GENERATE SAVINGS FROM SYNER-
 GIES AND SHARED SERVICES WITH OTHER AGENCIES.
   (III) A NEW CONSOLIDATED  LABORATORY  FACILITY  WILL  PROVIDE  A  MORE
 MODERN AND EFFICIENT WORK ENVIRONMENT FOR PUBLIC EMPLOYEES.
   (IV)  A  NEW  LABORATORY  FACILITY  MAY  PROVIDE OPPORTUNITIES TO HOST
 PRIVATE USERS THAT COULD COMPLEMENT  THE  OPERATIONS  AND  WORK  OF  THE
 CONSOLIDATED LABORATORY OR ENHANCE ITS ECONOMIC BENEFITS TO THE STATE.
   (V) UTILIZATION OF AN ALTERNATIVE PROJECT DELIVERY METHOD TO BE DETER-
 MINED  BY DASNY, IN CONSULTATION WITH THE DEPARTMENT, IS APPROPRIATE FOR
 THE DEVELOPMENT OF A NEW CONSOLIDATED LABORATORY FACILITY AND IS IN  THE
 BEST INTERESTS OF THE PUBLIC.
   3. DEFINITIONS. FOR THE PURPOSES OF THIS ACT:
   (A) "BEST VALUE" SHALL MEAN THE BASIS FOR AWARDING A PROJECT AGREEMENT
 TO  THE  OFFERER THAT OPTIMIZES THE QUALITY, COST, EFFICIENCY, PRICE AND
 PERFORMANCE CRITERIA OF THE PROJECT. SUCH BASIS MAY INCLUDE, BUT IS  NOT
 LIMITED TO:
   (I) THE QUALITY OF THE OFFERER'S PERFORMANCE ON PREVIOUS PROJECTS;
   (II) THE TIMELINESS OF THE OFFERER'S PERFORMANCE ON PREVIOUS PROJECTS;
   (III)  THE  LEVEL OF CUSTOMER SATISFACTION WITH THE OFFERER'S PERFORM-
 ANCE ON PREVIOUS PROJECTS;
   (IV) THE OFFERER'S RECORD OF PERFORMING PREVIOUS  PROJECTS  ON  BUDGET
 AND ITS ABILITY TO MINIMIZE COST OVERRUNS;
   (V)  THE  OFFERER'S  ABILITY TO INCORPORATE INNOVATIVE IDEAS AND LIMIT
 CHANGE ORDERS;
   (VI) THE OFFERER'S ABILITY TO PREPARE APPROPRIATE PROJECT PLANS;
   (VII) THE OFFERER'S FINANCIAL STRENGTH AND TECHNICAL CAPACITIES;
   (VIII) THE INDIVIDUAL QUALIFICATIONS OF THE OFFERER'S  KEY  PERSONNEL;
 AND
   (IX) THE OFFERER'S ABILITY TO ASSESS AND MANAGE RISK AND MINIMIZE RISK
 IMPACT.

 S. 2005--A                         69                         A. 3005--A
 
   SUCH  BASIS  SHALL REFLECT, WHEREVER POSSIBLE, OBJECTIVE AND QUANTIFI-
 ABLE ANALYSIS.
   (B) "COMPTROLLER" SHALL MEAN THE STATE COMPTROLLER.
   (C) "CONSTRUCTION MANAGER-AT-RISK DELIVERY METHOD" SHALL MEAN A DELIV-
 ERY  METHOD  IN  WHICH  DASNY,  IN  CONSULTATION  WITH  THE  DEPARTMENT,
 CONTRACTS WITH AN ARCHITECT OR  ENGINEER  FOR  DESIGN  AND  CONSTRUCTION
 PHASE  SERVICES  AND CONTRACTS SEPARATELY WITH A CONSTRUCTION MANAGER TO
 PROVIDE CONSULTATION DURING THE DESIGN PHASE OF THE PROJECT AND TO SERVE
 AS THE GENERAL CONTRACTOR DURING THE CONSTRUCTION PHASE OF THE PROJECT.
   (D) "CONSTRUCTION MANAGER BUILD DELIVERY METHOD" SHALL MEAN A DELIVERY
 METHOD IN WHICH A CONSTRUCTION MANAGER (I) SERVES AS PART OF A  TEAM  IN
 CONJUNCTION  WITH  DASNY  AND  THE DEPARTMENT IN THE DESIGN PHASE OF THE
 PROJECT, (II) UNDER THE OVERSIGHT OF DASNY,  IN  CONSULTATION  WITH  THE
 DEPARTMENT,  ACTS AS THE SINGLE SOURCE OF RESP