The New York State Senate

                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

    S. 7505                                                  A. 9505

                      S E N A T E - A S S E M B L Y

                            January 18, 2018
                               ___________

IN  SENATE -- A BUDGET BILL, submitted by the Governor pursuant to arti-
  cle seven of the Constitution -- read twice and ordered  printed,  and
  when printed to be committed to the Committee on Finance

IN  ASSEMBLY  --  A  BUDGET  BILL, submitted by the Governor pursuant to
  article seven of the Constitution -- read once  and  referred  to  the
  Committee on Ways and Means

AN  ACT to amend the criminal procedure law, in relation to a waiver and
  time limits for a speedy trial (Part A); to amend the  judiciary  law,
  in  relation to additional functions of the chief administrator of the
  courts (Part B); to amend the criminal procedure law, in  relation  to
  the  issuance  of securing orders and in relation to making conforming
  changes; and to amend the insurance law, in relation to the deposit of
  bail money by charitable bail organizations (Part  C);  to  amend  the
  criminal  procedure  law,  the  penal  law  and  the executive law, in
  relation to discovery reform and  intimidating  or  tampering  with  a
  victim  or  witness;  and to repeal certain provisions of the criminal
  procedure law relating thereto (Part D); to amend the  civil  practice
  law  and  rules,  in  relation  to the forfeiture of the proceeds of a
  crime, and reporting certain demographic data; to amend  the  criminal
  procedure  law  and  the  penal  law, in relation to reporting certain
  demographic data; and to repeal certain provisions of the civil  prac-
  tice law and rules relating thereto (Part E); to amend part H of chap-
  ter  503  of  the  laws  of 2009 relating to the disposition of monies
  recovered by county district attorneys before the filing of an accusa-
  tory instrument, in relation to the effectiveness thereof (Part F); to
  amend the correction law, in relation to eliminating reimbursements to
  counties for personal service expenses related to  the  transportation
  of  state  ready  inmates  (Part  G);  to amend the correction law, in
  relation to programmatic accomplishments for merit and limited  credit
  time  (Part  H);  to  repeal  subdivision  9  of  section  201  of the
  correction law, in relation to supervision fees (Part I); to authorize
  two  pilot  temporary  release  programs  for  certain  inmates  whose
  offenses  and  disciplinary  records  would  render  them  eligible to
  receive a limited credit time allowance (Part J); to amend the banking
  law,  in  relation  to  licensing  considerations  for  check  cashers
  (Subpart  A);  to  amend the education law, in relation to eligibility

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD12670-01-8

S. 7505                             2                            A. 9505

  for serving on a New York city community  district  education  council
  and  city-wide  council  (Subpart  B);  to amend the executive law, in
  relation to licensing considerations for bingo suppliers (Subpart  C);
  to  amend  the  executive law, in relation to licensing considerations
  for notary publics (Subpart D); to amend the general municipal law, in
  relation to licensing considerations for suppliers of games of chance,
  for games of chance licensees, for bingo licensees, and for lessors of
  premises to bingo licensees (Subpart E); to amend the  insurance  law,
  in  relation to licensing considerations for insurer adjusters and for
  employment with insurance adjusters; and to repeal certain  provisions
  of  such  law relating thereto (Subpart F); to amend the real property
  law, in relation to licensing considerations for real  estate  brokers
  or real estate salesmen (Subpart G); to amend the social services law,
  in  relation  to  participation  as  employer  in  subsidized employer
  programs (Subpart H); and to amend the vehicle  and  traffic  law,  in
  relation  to  eligibility for employment by a driver's school (Subpart
  I)(Part K); to amend the executive law, in relation  to  allowing  for
  geriatric  parole  (Part  L);  to  amend  the  tax law, in relation to
  suspending the transfer of monies into the emergency services  revolv-
  ing  loan fund from the public safety communications account (Part M);
  to amend the executive law, in relation  to  administrative  subpoenas
  (Part  N);  to  amend  the  state finance law and the military law, in
  relation to establishing the armory rental account fund; and to  amend
  chapter  152 of the laws of 2001 amending the military law relating to
  military funds of the organized militia, in relation to the effective-
  ness thereof (Part  O);  to  amend  the  criminal  procedure  law,  in
  relation  to  eliminating  the statute of limitations for any sexually
  related offense committed against a child; to amend the general munic-
  ipal law, the court of claims act and the education law,  in  relation
  to  removing the requirement of filing a notice of claim for any claim
  for injury suffered from a sexually related offense committed  against
  a  child;  to  amend  the civil practice law and rules, in relation to
  extending the statute of limitations for civil cases for any claim for
  injury suffered from a sexually related offense  committed  against  a
  child  to  fifty years; and to amend the civil practice law and rules,
  in relation to reviving any time-barred claim for injury suffered from
  a sexually related offense committed against a child for a  period  of
  one  year  (Part  P);  to amend the alcoholic beverage control law, in
  relation to hotel tavern licenses (Part Q);  to  amend  the  alcoholic
  beverage  control law, in relation to the production and sale of mead;
  and to repeal certain provisions of such law  relating  thereto  (Part
  R); to amend the alcoholic beverage control law, in relation to creat-
  ing  a  license  to  export  New York alcoholic beverages (Part S); to
  amend chapter 303 of the laws of 1988 relating to the extension of the
  state commission on the restoration of the  capitol,  in  relation  to
  extending  such  provisions  for an additional five years (Part T); to
  amend the public lands law, in relation to the transfer of unappropri-
  ated state lands (Part U); to amend the state finance law, in relation
  to establishing the parking services fund, the solid waste  fund,  and
  the  special  events fund (Part V); to amend the civil service law, in
  relation to term appointments in information technology; and providing
  for the repeal of such provisions upon expiration thereof (Part W); to
  amend the state finance law, in relation to establishing the New  York
  state  secure choice savings program, the New York state secure choice
  savings program fund and the New York state secure choice  administra-
  tive  fund  (Part  X);  to  amend  the  workers'  compensation law, in

S. 7505                             3                            A. 9505

  relation to the investment of surplus funds  of  the  state  insurance
  fund  (Part Y); to amend the civil service law, in relation to capping
  the standard medicare premium charge (Part  Z);  to  amend  the  civil
  service law, in relation to reimbursement for medicare premium charges
  (Part  AA);  to amend the civil practice law and rules, in relation to
  the rate of interest (Part BB); to amend the  state  finance  law,  in
  relation to the citizen empowerment tax credit (Part CC); to amend the
  uniform  justice court act, in relation to the election of one or more
  town justices for two or more adjacent towns (Subpart A); and to amend
  the general municipal law and the statute  of  local  governments,  in
  relation  to authorizing counties to regulate, administer, and enforce
  planning, zoning, and other land use regulations at the option of  and
  in  accordance  with  a request from a city, town, or village (Subpart
  B)(Part DD); to amend the general municipal law, in relation to  coun-
  ty-wide shared services panels (Part EE); to amend the public authori-
  ties  law,  in  relation to the town of Islip resource recovery agency
  (Part FF); and to provide for the administration of certain funds  and
  accounts  related  to  the  2018-19  budget  and  authorizing  certain
  payments and transfers; to amend the state finance law, in relation to
  the school tax relief fund, the debt reduction  reserve  fund  and  to
  payments,  transfers  and deposits; to amend the state finance law, in
  relation to reductions to enacted appropriations; 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 hous-
  ing program bonds and notes; to amend chapter 329 of the laws of 1991,
  amending the state finance law and other laws relating to  the  estab-
  lishment  of  the dedicated highway and bridge trust fund, in relation
  to the issuance of bonds; to amend  the  public  authorities  law,  in
  relation to the issuance of bonds 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 and increasing the bonding limit for certain state
  and municipal facilities; to amend chapter 81 of  the  laws  of  2002,
  relating  to  providing  for  the  administration of certain funds and
  accounts related to the 2002-2003 budget, in  relation  to  increasing
  the aggregate amount of bonds to be issued by the New York state urban
  development  corporation;  to  amend  the  public  authorities law, in
  relation to financing  of  peace  bridge  and  transportation  capital
  projects; to amend the public authorities law, in relation to dormito-
  ries  at  certain  educational  institutions other than state operated
  institutions and statutory or contract colleges under the jurisdiction
  of the state university of New York;  to  amend  the  New  York  state
  medical  care  facilities finance agency act, in relation to bonds and

S. 7505                             4                            A. 9505

  mental health facilities improvement notes; to amend chapter 61 of the
  laws of 2005, relating to providing for the administration of  certain
  funds  and  accounts  related  to the 2005-2006 budget, in relation to
  increasing the bonding limit for certain public protection facilities;
  to  amend  the  state  finance  law and the public authorities law, in
  relation to funding certain  capital  projects  and  the  issuance  of
  bonds;  to  amend chapter 59 of the laws of 2017 relating to providing
  for the administration of certain funds and accounts  related  to  the
  2017-18  budget  and  authorizing  certain  payments and transfers, in
  relation to the effectiveness thereof; 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 increasing the amount
  of  bonds  authorized  to  be  issued; and providing for the repeal of
  certain provisions upon expiration thereof (Part GG)

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  This  act enacts into law major components of legislation
which are necessary to implement the state fiscal plan for the 2018-2019
state fiscal year. Each component is  wholly  contained  within  a  Part
identified as Parts A through GG. The effective date for each particular
provision contained within such Part is set forth in the last section of
such Part. Any provision in any section contained within a Part, includ-
ing the effective date of the Part, which makes a reference to a section
"of  this  act", when used in connection with that particular component,
shall be deemed to mean and refer to the corresponding  section  of  the
Part  in  which  it  is  found. Section three of this act sets forth the
general effective date of this act.

                                 PART A

  Section 1. Section 30.30 of the criminal procedure law,  as  added  by
chapter  184  of  the  laws  of  1972, paragraph (a) of subdivision 3 as
amended by chapter 93 of the laws of 2006, paragraph (a) of  subdivision
4 as amended by chapter 558 of the laws of 1982, paragraph (c) of subdi-
vision 4 as amended by chapter 631 of the laws of 1996, paragraph (h) of
subdivision 4 as added by chapter 837 of the laws of 1986, paragraph (i)
of  subdivision 4 as added by chapter 446 of the laws of 1993, paragraph
(j) of subdivision 4 as added by chapter 222 of the laws of 1994,  para-
graph  (b)  of  subdivision  5  as amended by chapter 109 of the laws of
1982, paragraphs (e) and (f) of subdivision 5 as added by chapter 209 of
the laws of 1990, is amended to read as follows:
§ 30.30 Speedy trial; time limitations.
  1. Except as otherwise provided in subdivision [three]  FOUR  OF  THIS
SECTION,  a  motion made pursuant to paragraph (e) of subdivision one of
section 170.30 OF THIS CHAPTER or paragraph (g) of  subdivision  one  of
section  210.20 OF THIS CHAPTER must be granted where the people are not
ready for trial within:
  (a) six months of the commencement of  a  criminal  action  wherein  a
defendant is accused of one or more offenses, at least one of which is a
felony;

S. 7505                             5                            A. 9505

  (b)  ninety  days  of  the commencement of a criminal action wherein a
defendant is accused of one or more offenses, at least one of which is a
misdemeanor punishable by a sentence of imprisonment of more than  three
months and none of which is a felony;
  (c)  sixty  days  of the commencement of a criminal action wherein the
defendant is accused of one or more offenses, at least one of which is a
misdemeanor punishable by a sentence of imprisonment of  not  more  than
three  months  and  none of which is a crime punishable by a sentence of
imprisonment of more than three months;
  (d) thirty days of the commencement of a criminal action  wherein  the
defendant is accused of one or more offenses, at least one of which is a
violation and none of which is a crime.
  [2.  Except  as  provided  in subdivision three, where a defendant has
been committed to the custody of the sheriff in  a  criminal  action  he
must  be  released  on bail or on his own recognizance, upon such condi-
tions as may be just and reasonable, if the people  are  not  ready  for
trial in that criminal action within:
  (a) ninety days from the commencement of his commitment to the custody
of  the sheriff in a criminal action wherein the defendant is accused of
one or more offenses, at least one of which is a felony;
  (b) thirty days from the commencement of his commitment to the custody
of the sheriff in a criminal action wherein the defendant is accused  of
one  or more offenses, at least one of which is a misdemeanor punishable
by a sentence of imprisonment of more than  three  months  and  none  of
which is a felony;
  (c) fifteen days from the commencement of his commitment to the custo-
dy  of the sheriff in a criminal action wherein the defendant is accused
of one or more offenses, at least one of which is a misdemeanor punisha-
ble by a sentence of imprisonment of not more than three months and none
of which is a crime punishable by a sentence  of  imprisonment  of  more
than three months;
  (d)  five  days from the commencement of his commitment to the custody
of the sheriff in a criminal action wherein the defendant is accused  of
one  or  more offenses, at least one of which is a violation and none of
which is a crime.]
  2. THE DEFENDANT, SUBJECT TO THE PROVISIONS OF SUBDIVISIONS THREE  AND
FOUR  OF  THIS  SECTION,  MAY  WAIVE  HIS OR HER RIGHT TO A SPEEDY TRIAL
PURSUANT TO THIS SECTION AT ANY TIME PRIOR TO TRIAL.
  2-A. SUCH WAIVER MUST BE IN WRITING WITH THE CONSENT OF THE  DEFENDANT
PERSONALLY  AND  SIGNED BY THE DEFENDANT. IF THE DEFENDANT IS BEING HELD
IN CUSTODY FOR ANY REASON AT THE TIME HE OR SHE MAKES A WAIVER  PURSUANT
TO  THIS  SECTION, THE WAIVER SHALL BE MADE IN PERSON, IN OPEN COURT, IN
THE PRESENCE OF THE COURT, AND WITH THE APPROVAL OF THE COURT. IN  EVERY
CASE,  SUCH  WRITTEN WAIVER MUST MAKE REFERENCE TO A SPECIFIC MATTER FOR
WHICH THE DEFENDANT IS CHARGED.
  2-B. THE WAIVER PERIOD, EXCEPT FOR EXCEPTIONAL CIRCUMSTANCES  APPROVED
BY  THE  COURT OR FOR DEFENDANTS ENGAGED IN A JUDICIAL DIVERSION PROGRAM
FOR CERTAIN FELONY OFFENDERS PURSUANT TO ARTICLE TWO HUNDRED SIXTEEN  OF
THIS CHAPTER, SHALL NOT EXCEED:
  (A) THREE MONTHS WHERE A DEFENDANT IS ACCUSED OF ONE OR MORE OFFENSES,
AT LEAST ONE OF WHICH IS A FELONY;
  (B)  FORTY-FIVE  DAYS  WHERE  A  DEFENDANT  IS  ACCUSED OF ONE OR MORE
OFFENSES, AT LEAST ONE  OF  WHICH  IS  A  MISDEMEANOR  PUNISHABLE  BY  A
SENTENCE  OF IMPRISONMENT OF MORE THAN THREE MONTHS AND NONE OF WHICH IS
A FELONY;

S. 7505                             6                            A. 9505

  (C) THIRTY DAYS  WHERE  THE  DEFENDANT  IS  ACCUSED  OF  ONE  OR  MORE
OFFENSES,  AT  LEAST  ONE  OF  WHICH  IS  A  MISDEMEANOR PUNISHABLE BY A
SENTENCE OF IMPRISONMENT OF NOT MORE THAN THREE MONTHS AND NONE OF WHICH
IS A CRIME PUNISHABLE BY A SENTENCE OF IMPRISONMENT OF MORE  THAN  THREE
MONTHS; OR
  (D)  FIFTEEN  DAYS  WHERE  THE  DEFENDANT  IS  ACCUSED  OF ONE OR MORE
OFFENSES, AT LEAST ONE OF WHICH IS A VIOLATION AND NONE OF  WHICH  IS  A
CRIME.
  2-C.  ABSENT EXTRAORDINARY CIRCUMSTANCES, NO MORE THAT TWO WAIVERS MAY
BE EXECUTED PURSUANT TO THIS SECTION FOR A SINGLE  CASE.  IF  THE  COURT
FINDS  EXTRAORDINARY  CIRCUMSTANCES  WARRANTING  MORE  THAN  TWO WAIVERS
PURSUANT TO THIS SECTION, THE COURT  MUST  STATE  UPON  THE  RECORD  THE
EXTRAORDINARY  CIRCUMSTANCES BEFORE GRANTING ADDITIONAL WAIVERS PURSUANT
TO THIS SECTION.
  2-D. A WAIVER EXECUTED PURSUANT TO THIS SECTION SHALL NOT PRECLUDE THE
COURT FROM EXCLUDING THE PERIODS DESCRIBED IN SUBDIVISION FOUR  OF  THIS
SECTION  WHEN  COMPUTING  THE TIME WITHIN WHICH THE PEOPLE MUST BE READY
FOR TRIAL.
  3. WHENEVER PURSUANT TO THIS SECTION A PROSECUTOR STATES OR  OTHERWISE
PROVIDES  NOTICE THAT THE PEOPLE ARE READY FOR TRIAL, THE COURT MAY MAKE
INQUIRY ON THE RECORD AS TO THEIR ACTUAL READINESS. IF, AFTER CONDUCTING
ITS INQUIRY, THE COURT DETERMINES THAT  THE  PEOPLE  ARE  NOT  READY  TO
PROCEED  TO  TRIAL,  THE  PROSECUTOR'S  STATEMENT OR NOTICE OF READINESS
SHALL NOT BE VALID FOR PURPOSES OF THIS SECTION.
  4. (a) [Subdivisions] SUBDIVISION one [and two do] DOES not apply to a
criminal action wherein the defendant is accused of an  offense  defined
in  sections  125.10,  125.15,  125.20, 125.25, 125.26 and 125.27 of the
penal law.
  (b) A motion made pursuant to [subdivisions] SUBDIVISION one [or  two]
OF  THIS  SECTION  upon expiration of the specified period may be denied
where the people are not ready for trial if the people  were  ready  for
trial  prior to the expiration of the specified period and their present
unreadiness is due to some exceptional fact or circumstance,  including,
but  not  limited  to, the sudden unavailability of evidence material to
the people's case, when the district attorney has  exercised  due  dili-
gence  to  obtain  such  evidence  and  there  are reasonable grounds to
believe that such evidence will become available in a reasonable period.
  [(c) A motion made pursuant to subdivision two shall not:
  (i) apply to any defendant who is serving a term of  imprisonment  for
another offense;
  (ii)  require  the  release  from custody of any defendant who is also
being held in custody pending trial of another  criminal  charge  as  to
which the applicable period has not yet elapsed;
  (iii)  prevent  the redetention of or otherwise apply to any defendant
who, after being released from  custody  pursuant  to  this  section  or
otherwise,  is  charged with another crime or violates the conditions on
which he has been released, by failing to appear at a judicial  proceed-
ing at which his presence is required or otherwise.]
  (C)  ANY  MOTION MADE PURSUANT TO SUBDIVISION ONE OF THIS SECTION MUST
BE FILED AT LEAST TWENTY DAYS BEFORE COMMENCEMENT OF THE TRIAL, BUT  FOR
GOOD  CAUSE MAY BE MADE THEREAFTER. THE MOTION PAPERS MUST INCLUDE SWORN
ALLEGATIONS OF FACT SPECIFYING THE TIME PERIODS THAT SHOULD  BE  CHARGED
AGAINST  THE  PEOPLE AND THE LEGAL BASIS TO CHARGE THOSE TIME PERIODS TO
THE PEOPLE. THE COURT MAY SUMMARILY DENY THE MOTION IF THE MOTION PAPERS
DO NOT CONTAIN SWORN ALLEGATIONS OF FACT OR THE LEGAL  BASIS  TO  CHARGE

S. 7505                             7                            A. 9505

THOSE  TIME PERIODS TO THE PEOPLE. THE COURT MAY RESERVE DECISION ON ANY
MOTION MADE PURSUANT TO SUBDIVISION.
  [4.]  5.  In  computing the time within which the people must be ready
for trial pursuant to subdivisions one and  two  OF  THIS  SECTION,  the
following periods must be excluded:
  (a)  a  reasonable  period  of  delay resulting from other proceedings
concerning the defendant, including but not limited to: proceedings  for
the determination of competency and the period during which defendant is
incompetent  to  stand  trial;  demand to produce; request for a bill of
particulars; pre-trial motions; appeals; trial of other charges; and the
period during which such matters are under consideration by  the  court;
or
  (b)  the  period  of delay resulting from a continuance granted by the
court at the request of, or with the consent of, the defendant or his OR
HER counsel. The court [must] MAY grant such a continuance only if it is
satisfied that postponement is in the interest of justice,  taking  into
account  the  public  interest  in  the  prompt dispositions of criminal
charges. A  defendant  without  counsel  must  not  be  deemed  to  have
consented  to  a  continuance  unless  he OR SHE has been advised by the
court of his OR HER rights under these rules and the effect  of  his  OR
HER  consent,  WHICH  MUST  BE  DONE  ON THE RECORD IN OPEN COURT IF THE
DEFENDANT IS IN CUSTODY; or
  (c) (i) the period of delay resulting from the absence or unavailabil-
ity of the defendant. A defendant must be considered absent whenever his
OR HER location is unknown and he OR SHE is attempting to  avoid  appre-
hension  or  prosecution, or his OR HER location cannot be determined by
due diligence. A defendant must be considered unavailable  whenever  his
OR  HER  location  is  known but his OR HER presence for trial cannot be
obtained by due diligence; or
  (ii) where the defendant has either escaped from custody or has failed
to appear when required after having previously been released on bail or
on his OR HER own recognizance, and provided the  defendant  is  not  in
custody  on  another matter, the period extending from the day the court
issues a bench warrant  pursuant  to  section  530.70  OF  THIS  CHAPTER
because  of the defendant's failure to appear in court when required, to
the day the defendant subsequently appears in the court  pursuant  to  a
bench warrant or voluntarily or otherwise; or
  (d)  a  reasonable  period  of  delay when the defendant is joined for
trial with a co-defendant as to whom the time for trial pursuant to this
section has not run and good cause is not shown for  granting  a  sever-
ance; or
  (e)  the  period of delay resulting from detention of the defendant in
another jurisdiction provided the district attorney  is  aware  of  such
detention  and  has  been  diligent  and  has made reasonable efforts to
obtain the presence of the defendant for trial; or
  (f) the period during which the defendant is without  counsel  through
no fault of the court; except when the defendant is proceeding as his OR
HER own attorney with the permission of the court; or
  (g)  other  periods  of delay occasioned by exceptional circumstances,
including but not limited to, the  period  of  delay  resulting  from  a
continuance  granted  at  the request of a district attorney if: (i) the
continuance is granted because of the unavailability of evidence materi-
al to the people's case, when the district attorney  has  exercised  due
diligence  to  obtain  such evidence and there are reasonable grounds to
believe that such evidence will become available in a reasonable period;
or (ii) the continuance is granted to allow the district attorney  addi-

S. 7505                             8                            A. 9505

tional  time  to prepare the people's case and additional time is justi-
fied by the exceptional circumstances of the case.  ANY  SUCH  EXCLUSION
WHEN  A  STATEMENT  OF UNREADINESS HAS FOLLOWED A STATEMENT OF READINESS
MADE  BY THE PEOPLE MUST BE ACCOMPANIED BY SUPPORTING FACTS AND APPROVED
BY THE COURT. THE COURT SHALL INQUIRE ON THE RECORD AS  TO  THE  REASONS
FOR THE PEOPLE'S UNREADINESS; OR
  (h)  the  period  during which an action has been adjourned in contem-
plation of dismissal pursuant to sections 170.55, 170.56 and  215.10  of
this chapter[.]; OR
  (i)  [The]  THE  period prior to the defendant's actual appearance for
arraignment in a situation in which the defendant has been  directed  to
appear by the district attorney pursuant to subdivision three of section
120.20 or subdivision three of section 210.10[.] OF THIS CHAPTER; OR
  (j)  the period during which a family offense is before a family court
until such time as an  accusatory  instrument  or  indictment  is  filed
against the defendant alleging a crime constituting a family offense, as
such term is defined in section 530.11 of this chapter.
  [5.] 6. For purposes of this section, (a) where the defendant is to be
tried following the withdrawal of the plea of guilty or is to be retried
following  a  mistrial, an order for a new trial or an appeal or collat-
eral attack, the criminal action and the commitment to  the  custody  of
the  sheriff,  if  any, must be deemed to have commenced on the date the
withdrawal of the plea of guilty or the date  the  order  occasioning  a
retrial becomes final;
  (b)  where  a defendant has been served with an appearance ticket, the
criminal action must be deemed to have commenced on the date the defend-
ant first appears in a local criminal court in response to the ticket;
  (c) where a criminal action is commenced by the  filing  of  a  felony
complaint,  and  thereafter,  in  the course of the same criminal action
either the felony complaint is replaced with or converted to an informa-
tion, prosecutor's information  or  misdemeanor  complaint  pursuant  to
article  180  or a prosecutor's information is filed pursuant to section
190.70, the period applicable for the purposes of subdivision  one  must
be  the  period  applicable to the charges in the new accusatory instru-
ment, calculated from the date of the  filing  of  such  new  accusatory
instrument;  provided,  however,  that when the aggregate of such period
and the period of time, excluding the periods  provided  in  subdivision
four,  already  elapsed  from  the  date  of  the  filing  of the felony
complaint to the date of the filing of  the  new  accusatory  instrument
exceeds  six  months, the period applicable to the charges in the felony
complaint must remain applicable and continue as if the  new  accusatory
instrument had not been filed;
  (d)  where  a  criminal  action is commenced by the filing of a felony
complaint, and thereafter, in the course of  the  same  criminal  action
either the felony complaint is replaced with or converted to an informa-
tion,  prosecutor's  information  or  misdemeanor  complaint pursuant to
article 180 or a prosecutor's information is filed pursuant  to  section
190.70,  the  period applicable for the purposes of subdivision two must
be the period applicable to the charges in the  new  accusatory  instru-
ment,  calculated  from  the  date  of the filing of such new accusatory
instrument; provided, however, that when the aggregate  of  such  period
and  the  period  of time, excluding the periods provided in subdivision
four, already elapsed  from  the  date  of  the  filing  of  the  felony
complaint  to  the  date  of the filing of the new accusatory instrument
exceeds ninety days, the period applicable to the charges in the  felony

S. 7505                             9                            A. 9505

complaint  must  remain applicable and continue as if the new accusatory
instrument had not been filed.
  (e)  where a count of an indictment is reduced to charge only a misde-
meanor or petty offense and  a  reduced  indictment  or  a  prosecutor's
information  is  filed pursuant to subdivisions one-a and six of section
210.20, the period applicable for the purposes  of  subdivision  one  of
this  section  must  be  the period applicable to the charges in the new
accusatory instrument, calculated from the date of the  filing  of  such
new accusatory instrument; provided, however, that when the aggregate of
such  period  and  the period of time, excluding the periods provided in
subdivision four of this section, already elapsed from the date  of  the
filing of the indictment to the date of the filing of the new accusatory
instrument  exceeds  six months, the period applicable to the charges in
the indictment must remain applicable and continue as if the new accusa-
tory instrument had not been filed;
  (f) where a count of an indictment is reduced to charge only a  misde-
meanor  or  petty  offense  and  a  reduced indictment or a prosecutor's
information is filed pursuant to subdivisions one-a and six  of  section
210.20,  the  period  applicable  for the purposes of subdivision two of
this section must be the period applicable to the  charges  in  the  new
accusatory  instrument,  calculated  from the date of the filing of such
new accusatory instrument; provided, however, that when the aggregate of
such period and the period of time, excluding the  periods  provided  in
subdivision  four  of this section, already elapsed from the date of the
filing of the indictment to the date of the filing of the new accusatory
instrument exceeds ninety days, the period applicable to the charges  in
the indictment must remain applicable and continue as if the new accusa-
tory instrument had not been filed.
  [6.]  7.  The  procedural rules prescribed in subdivisions one through
seven of section 210.45 OF THIS CHAPTER with  respect  to  a  motion  to
dismiss  an  indictment are also applicable to a motion made pursuant to
subdivision two OF THIS SECTION.
  § 2. Subdivision 6 of section 180.85 of the criminal procedure law, as
added by chapter 518 of the laws of 2004, is amended to read as follows:
  6. The period from the filing of a motion  pursuant  to  this  section
until entry of an order disposing of such motion shall not, by reason of
such motion, be considered a period of delay for purposes of subdivision
[four]  FIVE of section 30.30 OF THIS CHAPTER, nor shall such period, by
reason of such motion, be excluded in computing the  time  within  which
the people must be ready for trial pursuant to such section 30.30.
  § 3. This act shall take effect on the one hundred eightieth day after
it shall have become a law.

                                 PART B

  Section  1.  Subdivision  2  of  section  212  of the judiciary law is
amended by adding a new paragraph (w) to read as follows:
  (W) (I) ENSURE THAT EACH STATE-PAID JUDGE OR  JUSTICE  ASSIGNED  TO  A
TRIAL  COURT  OF  THE  UNIFIED  COURT SYSTEM SHALL CERTIFY MONTHLY, IN A
STATEMENT ATTESTING TO THE TRUTH OF THE  FACTS  THEREIN,  THAT  ON  EACH
WORKDAY  OF  THE PRECEDING MONTH, HE OR SHE PERFORMED JUDICIAL DUTIES AT
AN ASSIGNED COURT LOCATION FOR THE FULL DAILY PERIOD OF AT  LEAST  EIGHT
HOURS  ESTABLISHED  BY  THE  CHIEF  ADMINISTRATOR FOR THE DISPOSITION OF
COURT BUSINESS, OR PERFORMED AUTHORIZED DUTIES IN AN  AUTHORIZED  COURT-
RELATED ACTIVITY AT AN ASSIGNED LOCATION, OR WAS ON AUTHORIZED LEAVE.

S. 7505                            10                            A. 9505

  (II)  THE  COMPTROLLER  SHALL  CONDUCT  A PERIODIC REVIEW AND AUDIT OF
SUBMITTED JUDICIAL CERTIFICATIONS IN ORDER TO ENSURE THAT THE  STATE  IS
RESPONSIBLY  AUTHORIZING  STATE  DOLLARS  FOR  JUDICIAL SALARIES AND THE
OPERATION OF STATE TRIAL COURTS.  THE  COMPTROLLER'S  REVIEW  AND  AUDIT
SHALL  EVALUATE  THE  ACCURACY  OF  THE  JUDICIAL CERTIFICATIONS AND THE
EFFECTIVENESS OF THE CERTIFICATION SYSTEM AS A WHOLE.
  § 2. This act shall take effect immediately.

                                 PART C

  Section 1. Legislative findings. The legislature  finds  and  declares
that  there is a present need to revise New York's procedures regulating
release of persons charged with criminal  offenses  pending  trial,  set
forth  in title P of the criminal procedure law, so that fewer presumed-
innocent people are held behind bars pretrial. The bill breaks the  link
between paying money and earning freedom in cases involving misdemeanors
and  non-violent  felonies,  so  that  defendants are either released on
their own recognizance or, failing  that,  released  under  non-monetary
conditions.  The  bill  also  revises  the existing process of remanding
individuals in jail before trial, so that pretrial detention is used  in
limited  cases  involving  high  risk of flight or a current risk to the
physical safety of a reasonably  identifiable  person  or  persons,  and
comports with Supreme Court jurisprudence regarding required substantive
and procedural due process before detention.
  §  2.  Subdivisions 1, 2, 4, 5, 6, 7, 8 and 9 of section 500.10 of the
criminal procedure law are amended and a new subdivision 3-a is added to
read as follows:
  1. "Principal" means a defendant in a criminal action  or  proceeding,
or  a person adjudged a material witness therein, or any other person so
involved therein that [he] THE PRINCIPAL may  by  law  be  compelled  to
appear  before  a  court  for  the purpose of having such court exercise
control over [his] THE PRINCIPAL'S person to secure  [his]  THE  PRINCI-
PAL'S  future  attendance at the action or proceeding when required, and
who in fact either is before the court for  such  purpose  or  has  been
before it and been subjected to such control.
  2.  "Release  on  own  recognizance."  A court releases a principal on
[his] THE PRINCIPAL'S own recognizance  when,  having  acquired  control
over  [his] THE PRINCIPAL'S person, it permits [him] THE PRINCIPAL to be
at liberty during the pendency of  the  criminal  action  or  proceeding
involved  upon  condition  that  [he]  THE PRINCIPAL will appear thereat
whenever [his] THE PRINCIPAL'S attendance may be required  and  will  at
all  times  render  [himself]  THE  PRINCIPAL amenable to the orders and
processes of the court.
  3-A. "RELEASE UNDER NON-MONETARY CONDITIONS". A COURT RELEASES A PRIN-
CIPAL UNDER NON-MONETARY CONDITIONS WHEN, HAVING ACQUIRED CONTROL OVER A
PERSON, IT PERMITS THE PERSON TO BE AT LIBERTY DURING  THE  PENDENCY  OF
THE  CRIMINAL  ACTION  UNDER CONDITIONS SET BY THE COURT, WHICH SHALL BE
THE LEAST  RESTRICTIVE  THAT  WILL  REASONABLY  ASSURE  THE  PRINCIPAL'S
APPEARANCE IN COURT. SUCH CONDITIONS MAY INCLUDE, AMONG OTHERS, THAT THE
PRINCIPAL  SHALL  BE  IN CONTACT WITH A PRETRIAL SERVICES AGENCY SERVING
PRINCIPALS IN THAT COUNTY; THAT THE PRINCIPAL SHALL ABIDE  BY  SPECIFIED
RESTRICTIONS  ON ASSOCIATION OR TRAVEL; THAT THE PRINCIPAL SHALL REFRAIN
FROM POSSESSING A FIREARM, DESTRUCTIVE DEVICE OR OTHER DANGEROUS WEAPON;
THAT THE PERSON BE  PLACED  IN  PRETRIAL  SUPERVISION  WITH  A  PRETRIAL
SERVICES  AGENCY  SERVING  PRINCIPALS IN THAT COUNTY; THAT THE PERSON BE
MONITORED WITH AN APPROVED ELECTRONIC MONITORING DEVICE.

S. 7505                            11                            A. 9505

  4. "Commit to the custody of the sheriff." A court commits a principal
to the custody of the sheriff when, having  acquired  control  over  his
person,  it  orders  that  he  be confined in the custody of the sheriff
[during the pendency of the  criminal  action  or  proceeding  involved]
PENDING PAYMENT OF BAIL THAT IS FIXED, OR PENDING THE OUTCOME OF A HEAR-
ING  AS  TO  WHETHER  THE  INDIVIDUAL  SHALL  BE  ORDERED  INTO PRETRIAL
DETENTION.
  5. "Securing order" means an order of a court [committing a  principal
to  the  custody of the sheriff, or fixing bail, or releasing him on his
own recognizance] THAT EITHER RELEASES A PRINCIPAL UNDER PERSONAL RECOG-
NIZANCE, RELEASES THE PRINCIPAL UNDER NON-MONETARY CONDITIONS, OR  FIXES
BAIL,  ALL  WITH  THE  DIRECTION  THAT THE PRINCIPAL RETURN TO COURT FOR
FUTURE COURT APPEARANCES AND TO BE AT ALL TIMES AMENDABLE TO THE  ORDERS
AND PROCESSES OF THE COURT.
  6. ["Order of recognizance or bail" means a securing order releasing a
principal  on his own recognizance or fixing bail] "PRETRIAL DETENTION".
A COURT MAY COMMIT A PRINCIPAL TO PRETRIAL DETENTION IF, AFTER A HEARING
AND MAKING SUCH FINDINGS AS SPECIFIED IN ARTICLE FIVE HUNDRED FORTY-FIVE
OF THIS TITLE, A JUDGE SO ORDERS DETENTION.
  7. ["Application for recognizance or bail" means an application  by  a
principal  that the court, instead of committing him to or retaining him
in the custody of the sheriff, either release him on  his  own  recogni-
zance or fix bail.
  8.]  "Post bail" means to deposit bail in the amount and form fixed by
the court, with the court or with some other authorized  public  servant
or agency.
  [9.]  8. "Bail" means cash bail [or], a bail bond OR MONEY PAID WITH A
CREDIT CARD.
  § 3. Section 510.10 of the criminal procedure law, as amended by chap-
ter 459 of the laws of 1984, is amended to read as follows:
§ 510.10 Securing order; when required; ALTERNATIVES AVAILABLE; STANDARD
           TO BE APPLIED.
  When a principal, whose future court attendance at a  criminal  action
or  proceeding  is or may be required, initially comes under the control
of a court, such court  [must]  SHALL,  by  a  securing  order[,  either
release  him  on  his  own  recognizance,  fix bail or commit him to the
custody of the sheriff.]:
  1. IN CASES WHERE THE MOST SERIOUS CHARGE FACING THE DEFENDANT IN  THE
CASE  BEFORE  THE  COURT  OR A PENDING CASE IS A MISDEMEANOR OR A FELONY
OTHER THAN THAT ENUMERATED IN SECTION 70.02 OF THE PENAL LAW OR A  CLASS
A FELONY OFFENSE DEFINED IN THE PENAL LAW, RELEASE THE PRINCIPAL PENDING
TRIAL  ON  THE PRINCIPAL'S PERSONAL RECOGNIZANCE, UNLESS THE COURT FINDS
ON THE RECORD THAT RELEASE ON RECOGNIZANCE WILL  NOT  REASONABLY  ASSURE
THE  INDIVIDUAL'S  COURT  ATTENDANCE.  IN SUCH INSTANCES, THE COURT WILL
RELEASE THE INDIVIDUAL  UNDER  NON-MONETARY  CONDITIONS,  SELECTING  THE
LEAST  RESTRICTIVE  ALTERNATIVE  THAT WILL REASONABLY ASSURE THE PRINCI-
PAL'S COURT ATTENDANCE.  THE COURT WILL SUPPORT ITS CHOICE  OF  ALTERNA-
TIVE  ON  THE  RECORD.  A PRINCIPAL SHALL NOT BE REQUIRED TO PAY FOR ANY
PART OF THE COST OF RELEASE UNDER NON-MONETARY CONDITIONS, EXCEPT THAT A
PRINCIPAL MAY BE REQUIRED TO PAY FOR ALL OR A PORTION  OF  THE  COST  OF
ELECTRONIC  MONITORING  UNLESS  THE PRINCIPAL IS INDIGENT AND CANNOT PAY
ALL OR A PORTION OF THE COST OF SUCH MONITORING;
  2. IN CASES WHERE THE MOST SERIOUS CHARGE FACING THE DEFENDANT IN  THE
CASE  BEFORE  THE  COURT  OR  A  PENDING  CASE IS A FELONY ENUMERATED IN
SECTION 70.02 OF THE PENAL LAW OR A CLASS A FELONY  OFFENSE  DEFINED  IN
THE  PENAL  LAW,  RELEASE THE PRINCIPAL PENDING TRIAL ON THE PRINCIPAL'S

S. 7505                            12                            A. 9505

PERSONAL RECOGNIZANCE,  OR  RELEASE  THE  PRINCIPAL  UNDER  NON-MONETARY
CONDITIONS,  OR  FIX  BAIL,  SELECTING THE LEAST RESTRICTIVE ALTERNATIVE
THAT WILL  REASONABLY  ASSURE  THE  PRINCIPAL'S  COURT  APPEARANCE  WHEN
REQUIRED.  THE  COURT  WILL  SUPPORT  ITS  CHOICE  OF ALTERNATIVE ON THE
RECORD.
  3. NOTWITHSTANDING THE ABOVE, IN CASES WHERE THE PROSECUTOR  INDICATES
THAT  IT  INTENDS  TO  MOVE FOR PRETRIAL DETENTION AS SET OUT IN ARTICLE
FIVE HUNDRED FORTY-FIVE OF  THIS  TITLE,  THE  COURT  SHALL  COMMIT  THE
DEFENDANT TO THE CUSTODY OF THE SHERIFF.
  4.  When  a  securing  order is revoked or otherwise terminated in the
course of an uncompleted action or proceeding but the principal's future
court attendance still is or may be required and [he] THE  PRINCIPAL  is
still under the control of a court, a new securing order must be issued.
When  the  court  revokes or otherwise terminates a securing order which
committed the principal to the custody of the sheriff, the  court  shall
give  written  notification  to the sheriff of such revocation or termi-
nation of the securing order.
  § 4. Section 510.20 of the criminal procedure law is amended  to  read
as follows:
§ 510.20 [Application for recognizance or bail; making and determination
             thereof  in  general]  APPLICATION FOR A CHANGE IN SECURING
             ORDER BASED ON A MATERIAL CHANGE OF CIRCUMSTANCES.
  1.  Upon any occasion when a court [is required to issue] HAS ISSUED a
securing order with respect to a principal, [or at any time when a prin-
cipal is confined in the custody of the sheriff as a result of a  previ-
ously issued securing order, he] THE DEFENDANT OR THE PEOPLE may make an
application for [recognizance or bail] A DIFFERENT SECURING ORDER DUE TO
A MATERIAL CHANGE OF CIRCUMSTANCES:
  (A)  IN CASES FOR WHICH THE MOST SERIOUS CHARGE BEFORE THE COURT OR IN
A PENDING CASE IS A MISDEMEANOR OR FELONY OTHER THAN THAT ENUMERATED  IN
SECTION  70.02  OF  THE PENAL LAW OR A CLASS A FELONY OFFENSE DEFINED IN
THE PENAL LAW FOR A DIFFERENT NON-MONETARY SECURING ORDER; OR
  (B) IN CASES FOR WHICH THE MOST SERIOUS CHARGE IS A FELONY  ENUMERATED
IN SECTION 70.02 OF THE PENAL LAW OR A CLASS A FELONY OFFENSE DEFINED IN
THE PENAL LAW FOR A DIFFERENT SECURING ORDER.
  2.    Upon  such  application,  the  principal  OR  THE PEOPLE must be
accorded an opportunity to be heard and to contend  that  [an  order  of
recognizance  or bail] A DIFFERENT SECURING ORDER must or should issue[,
that the court should release him on his own  recognizance  rather  than
fix  bail,  and that if bail is fixed it should be in a suggested amount
and form] BECAUSE, DUE  TO  A  MATERIAL  CHANGE  IN  CIRCUMSTANCES,  THE
CURRENT  ORDER  IS  EITHER  TOO RESTRICTIVE OR NOT RESTRICTIVE ENOUGH TO
REASONABLY ENSURE A DEFENDANT'S APPEARANCE IN COURT.
  § 5. The criminal procedure law is amended by  adding  a  new  section
510.25 to read as follows:
§ 510.25 REHEARING  ON  BAIL  AFTER  FIVE  DAYS IN CUSTODY AFTER BAIL IS
           FIXED.
  IN ADDITION TO ANY OTHER AVAILABLE MOTION OR PROCEDURE AVAILABLE UNDER
THIS PART, A PRINCIPAL FOR WHOM BAIL WAS  FIXED  AND  WHO  IS  STILL  IN
CUSTODY FIVE DAYS AFTER BAIL WAS FIXED SHALL BE BROUGHT BEFORE THE COURT
THE  NEXT  BUSINESS DAY FOR A REHEARING ON THE SECURING ORDER. THE COURT
SHALL EXAMINE THE PRINCIPAL'S FINANCIAL CIRCUMSTANCES AND  ORDER  A  NEW
SECURING  ORDER.  IF THE COURT CHOOSES TO FIX BAIL, IT SHALL DO SO AT AN
AMOUNT THAT WILL BOTH REASONABLY ASSURE THE  DEFENDANT'S  APPEARANCE  IN
COURT AND THAT THE DEFENDANT IS REASONABLY ABLE TO PAY.

S. 7505                            13                            A. 9505

  § 6. Section 510.30 of the criminal procedure law, subparagraph (v) of
paragraph  (a) of subdivision 2 as amended by chapter 920 of the laws of
1982, subparagraph (vi) of paragraph (a) of subdivision 2 as  renumbered
by  chapter 447 of the laws of 1977, subparagraph (vii) of paragraph (a)
of subdivision 2 as added and subparagraphs (viii) and (ix) of paragraph
(a) of subdivision 2 as renumbered by section 1 of part D of chapter 491
of  the  laws  of 2012, and subdivision 3 as added by chapter 788 of the
laws of 1981, is amended to read as follows:
§ 510.30 Application for [recognizance or bail] SECURING ORDER; rules of
             law and criteria controlling determination.
  [1. Determinations of applications for recognizance or bail are not in
all cases discretionary but are subject to rules, prescribed in  article
five  hundred  thirty  and  other provisions of law relating to specific
kinds of criminal actions and proceedings, providing (a)  that  in  some
circumstances  such  an  application must as a matter of law be granted,
(b) that in others it must as a matter of law be denied and the  princi-
pal committed to or retained in the custody of the sheriff, and (c) that
in  others  the  granting  or  denial  thereof  is  a matter of judicial
discretion.
  2. To the extent that the issuance of an order of recognizance or bail
and the terms thereof are matters of discretion rather than of  law,  an
application  is  determined  on  the  basis of the following factors and
criteria:
  (a)] With respect to any principal,  the  court  must  [consider  the]
IMPOSE  THE  LEAST RESTRICTIVE kind and degree of control or restriction
that is necessary to secure [his] THE PRINCIPAL'S court attendance  when
required.  In  determining  that matter, the court must, on the basis of
available information, consider and take into account:
  [(i) The principal's character, reputation, habits and  mental  condi-
tion;
  (ii) His employment and financial resources; and
  (iii)  His  family  ties and the length of his residence if any in the
community; and
  (iv) His] 1. INFORMATION ABOUT THE PRINCIPAL THAT IS RELEVANT TO COURT
APPEARANCE, INCLUDING, BUT NOT LIMITED TO, THE  PRINCIPAL'S  ACTIVITIES,
HISTORY AND COMMUNITY TIES;
  2. IF THE PRINCIPAL IS A DEFENDANT, THE CHARGES FACING THE PRINCIPAL;
  3. THE PRINCIPAL'S criminal record if any; [and
  (v)]  4. His record of previous adjudication as a juvenile delinquent,
as retained pursuant to section 354.2 of the family court  act,  or,  of
pending  cases where fingerprints are retained pursuant to section 306.1
of such act, or a youthful offender, if any; [and
  (vi) His] 5. THE PRINCIPAL'S previous record if any in  responding  to
court appearances when required or with respect to flight to avoid crim-
inal prosecution; [and
  (vii)] 6. IF MONETARY BAIL IS PERMITTED, ACCORDING TO THE RESTRICTIONS
SET  FORTH  IN  SECTION  510.10 OF THIS TITLE, THE PRINCIPAL'S FINANCIAL
CIRCUMSTANCES;
  7. Where the principal is charged with a crime  or  crimes  against  a
member  or  members  of  the  same  family  or household as that term is
defined in subdivision one of section 530.11 of this title, the  follow-
ing factors:
  [(A)]  (I)  any  violation  by the principal of an order of protection
issued by any court for the protection of a member  or  members  of  the
same  family  or household as that term is defined in subdivision one of

S. 7505                            14                            A. 9505

section 530.11 of this title, whether or not such order of protection is
currently in effect; and
  [(B)]  (II) the principal's history of use or possession of a firearm;
[and
  (viii)] 8. If [he] THE PRINCIPAL is a defendant,  the  weight  of  the
evidence  against [him] THE PRINCIPAL in the pending criminal action and
any other factor indicating probability or improbability of  conviction;
or,  in  the  case of an application for [bail or recognizance] SECURING
ORDER pending appeal, the merit or lack of merit of the appeal; and
  [(ix)] 9. If [he] THE PRINCIPAL is a defendant, the sentence which may
be or has been imposed upon conviction[.
  (b) Where the principal is a defendant-appellant in a  pending  appeal
from  a judgment of conviction, the court must also consider the likeli-
hood of ultimate reversal of the  judgment.  A  determination  that  the
appeal  is palpably without merit alone justifies, but does not require,
a denial of the application, regardless of any determination  made  with
respect to the factors specified in paragraph (a).
  3.  When  bail  or recognizance is ordered, the court shall inform the
principal, if he is a defendant charged with the commission of a felony,
that the release is conditional and that the court may revoke the  order
of  release  and  commit  the principal to the custody of the sheriff in
accordance with the provisions of subdivision two of section  530.60  of
this  chapter  if  he  commits a subsequent felony while at liberty upon
such order.]; AND
  10. IF THE PRINCIPAL IS A DEFENDANT-APPELLANT IN A PENDING APPEAL FROM
A JUDGMENT OF CONVICTION, THE COURT MUST ALSO CONSIDER THE LIKELIHOOD OF
ULTIMATE REVERSAL OF THE JUDGMENT. A DETERMINATION THAT  THE  APPEAL  IS
PALPABLY  WITHOUT  MERIT ALONE JUSTIFIES, BUT DOES NOT REQUIRE, A DENIAL
OF THE APPLICATION, REGARDLESS OF ANY DETERMINATION MADE WITH RESPECT TO
THE FACTORS SPECIFIED IN THIS PARAGRAPH.
  § 7. Section 510.40 of the criminal procedure law is amended  to  read
as follows:
§  510.40  [Application for recognizance or bail; determination thereof,
             form of securing order and execution thereof]  NOTIFICATION
             TO  PRINCIPAL  BY COURT OF CONDITIONS OF RELEASE AND PENAL-
             TIES FOR VIOLATIONS OF RELEASE.
  1.  [An application for recognizance or bail must be determined  by  a
securing order which either:
  (a)    Grants  the  application  and releases the principal on his own
recognizance; or
  (b)  Grants the application and fixes bail; or
  (c)  Denies the application and commits the principal to,  or  retains
him in, the custody of the sheriff.
  2.]  Upon  ordering  that a principal be released on [his] THE PRINCI-
PAL'S own recognizance, OR RELEASED UNDER NON-MONETARY  CONDITIONS,  OR,
IF BAIL HAS BEEN FIXED, UPON THE POSTING OF BAIL AND SUCCESSFUL EXAMINA-
TION  THAT  THE BAIL COMPLIES WITH THE ORDER the court must direct [him]
THE PRINCIPAL to appear in the criminal action  or  proceeding  involved
whenever [his] THE PRINCIPAL'S attendance may be required and to [render
himself]  BE  at  all  times amenable to the orders and processes of the
court. IF THE PRINCIPAL IS A DEFENDANT, THE COURT SHALL ALSO DIRECT  THE
DEFENDANT NOT TO COMMIT A CRIME WHILE AT LIBERTY UPON THE COURT'S SECUR-
ING  ORDER.  If  such  principal  is in the custody of the sheriff or at
liberty upon bail at the time of the order, the court must  direct  that
[he]  THE PRINCIPAL be discharged from such custody [or, as the case may
be, that his bail be exonerated].

S. 7505                            15                            A. 9505

  [3. Upon the issuance of an order fixing bail, and  upon  the  posting
thereof,  the  court  must  examine  the  bail  to  determine whether it
complies with the order.  If it does, the court must, in the absence  of
some  factor  or circumstance which in law requires or authorizes disap-
proval  thereof,  approve  the  bail  and  must  issue  a certificate of
release, authorizing the principal to be at liberty, and, if  he  is  in
the  custody  of  the  sheriff  at  the  time,  directing the sheriff to
discharge him therefrom.  If the bail fixed is not  posted,  or  is  not
approved  after being posted, the court must order that the principal be
committed to the custody of the sheriff.]
  2. IF THE PRINCIPAL IS RELEASED  UNDER  NON-MONETARY  CONDITIONS,  THE
COURT SHALL, IN THE DOCUMENT AUTHORIZING THE PRINCIPAL'S RELEASE, NOTIFY
THE PRINCIPAL OF:
  (A)  ANY  OF  THE  CONDITIONS UNDER WHICH THE PRINCIPAL IS SUBJECT, IN
ADDITION TO THE DIRECTIONS IN SUBDIVISION ONE  OF  THIS  SECTION,  IN  A
MANNER SUFFICIENTLY CLEAR AND SPECIFIC TO SERVE AS A GUIDE FOR THE PRIN-
CIPAL'S CONDUCT; AND
  (B)  THE  CONSEQUENCES  FOR VIOLATION OF THOSE CONDITIONS, WHICH COULD
INCLUDE REVOKING OF THE SECURING ORDER, SETTING OF  A  MORE  RESTRICTIVE
SECURING ORDER, OR, AFTER THE HEARING PRESCRIBED IN ARTICLE FIVE HUNDRED
FORTY-FIVE OF THIS TITLE, PRETRIAL DETENTION.
  §  8.  The  criminal  procedure law is amended by adding a new section
510.45 to read as follows:
§ 510.45 PRETRIAL SERVICE AGENCIES.
  THE OFFICE OF COURT ADMINISTRATION SHALL CERTIFY A  PRETRIAL  SERVICES
AGENCY  OR  AGENCIES IN EACH COUNTY TO MONITOR PRINCIPALS RELEASED UNDER
CONDITIONS OF NON-MONETARY RELEASE.
  § 9. Section 510.50 of the criminal procedure law is amended  to  read
as follows:
§ 510.50 Enforcement of securing order.
  When  the  attendance  of  a  principal confined in the custody of the
sheriff is required at the criminal action or proceeding at a particular
time and place, the court may compel such attendance  by  directing  the
sheriff  to produce him OR HER at such time and place.  If the principal
is at liberty on [his] THE PRINCIPAL'S own recognizance OR  NON-MONETARY
CONDITIONS or on bail, [his] THE PRINCIPAL'S  attendance may be achieved
or compelled by various methods, including notification and the issuance
of  a  bench  warrant,  prescribed  by  law in provisions governing such
matters with respect to the particular  kind  of  action  or  proceeding
involved.
  § 10. Paragraph (b) of subdivision 2 of section 520.10 of the criminal
procedure law, as amended by chapter 784 of the laws of 1972, is amended
to read as follows:
  (b) The court [may] SHALL direct that the bail be posted in any one of
[two]  THREE  or  more of the forms specified in subdivision one, desig-
nated in the alternative, and may designate  different  amounts  varying
with the forms[;], EXCEPT THAT ONE OF THE FORMS SHALL BE EITHER AN UNSE-
CURED OR PARTIALLY SECURED SURETY BOND, AS SELECTED BY THE COURT.
  § 11. The article heading of article 530 of the criminal procedure law
is amended to read as follows:
                  [ORDERS OF RECOGNIZANCE OR BAIL WITH
                RESPECT TO DEFENDANTS IN CRIMINAL ACTIONS
                    AND PROCEEDINGS--WHEN AND BY WHAT
                 COURTS AUTHORIZED] SECURING ORDERS WITH
              RESPECT TO DEFENDANTS IN CRIMINAL ACTIONS AND
            PROCEEDINGS - WHEN AND BY WHAT COURTS AUTHORIZED

S. 7505                            16                            A. 9505

  §  12. Section 530.10 of the criminal procedure law is amended to read
as follows:
§ 530.10 Order of recognizance or bail; in general.
  Under circumstances prescribed in this article, a court, upon applica-
tion  of  a  defendant  charged  with  or  convicted  of  an offense, is
[required or authorized to order bail or recognizance] TO ISSUE A SECUR-
ING ORDER for the release  or  prospective  release  of  such  defendant
during the pendency of either:
  1.  A criminal action based upon such charge; or
  2.   An appeal taken by the defendant from a judgment of conviction or
a sentence or from an order of an intermediate appellate court affirming
or modifying a judgment of conviction or a sentence.
  § 13. Subdivision 4 of section 530.11 of the criminal  procedure  law,
as  added  by  chapter  186  of  the laws of 1997, is amended to read as
follows:
  4. When a person is arrested for  an  alleged  family  offense  or  an
alleged  violation  of  an  order  of  protection  or temporary order of
protection or arrested pursuant to a warrant issued by  the  supreme  or
family  court, and the supreme or family court, as applicable, is not in
session, such person shall be brought before a local criminal  court  in
the  county  of arrest or in the county in which such warrant is return-
able pursuant to article one hundred twenty of this chapter. Such  local
criminal  court  may issue any order authorized under subdivision eleven
of section 530.12 of this article, section one hundred  fifty-four-d  or
one hundred fifty-five of the family court act or subdivision three-b of
section  two  hundred  forty or subdivision two-a of section two hundred
fifty-two of the domestic relations  law,  in  addition  to  discharging
other  arraignment  responsibilities  as  set  forth in this chapter. In
making such order, the local criminal court  shall  consider  the  [bail
recommendation]  SECURING  ORDER,  if any, made by the supreme or family
court as indicated on the warrant or certificate of warrant. Unless  the
petitioner  or complainant requests otherwise, the court, in addition to
scheduling further criminal proceedings, if any, regarding such  alleged
family  offense  or violation allegation, shall make such matter return-
able in the supreme or family court, as applicable, on the next day such
court is in session.
  § 14. Paragraph (a) of subdivision 8 of section 530.13 of the criminal
procedure law, as added by chapter 388 of the laws of 1984,  is  amended
to read as follows:
  (a)  revoke  [an  order  of recognizance or bail] A SECURING ORDER and
commit the defendant to custody; or
  § 15. The opening paragraph of subdivision 1 of section 530.13 of  the
criminal  procedure  law, as amended by chapter 137 of the laws of 2007,
is amended to read as follows:
  When any criminal action is pending, and the court has  not  issued  a
temporary  order  of protection pursuant to section 530.12 of this arti-
cle, the court, in addition to the other powers  conferred  upon  it  by
this  chapter,  may  for  good  cause  shown  issue a temporary order of
protection in  conjunction  with  any  securing  order  [committing  the
defendant to the custody of the sheriff or as a condition of a pre-trial
release,  or  as  a  condition  of  release on bail or an adjournment in
contemplation of dismissal]. In addition to any other  conditions,  such
an order may require that the defendant:
  §  16.  Subdivisions 9 and 11 of section 530.12 of the criminal proce-
dure law, subdivision 9 as amended by section 81 of subpart B of part  C
of  chapter 62 of the laws of 2011, subdivision 11 as amended by chapter

S. 7505                            17                            A. 9505

498 of the laws of 1993, the opening  paragraph  of  subdivision  11  as
amended by chapter 597 of the laws of 1998, paragraph (a) of subdivision
11  as  amended  by  chapter  222  of the laws of 1994, paragraph (d) of
subdivision  11  as  amended  by  chapter  644  of the laws of 1996, are
amended to read as follows:
  9. If no warrant, order or temporary  order  of  protection  has  been
issued  by  the  court,  and  an  act  alleged to be a family offense as
defined in section 530.11 of this [chapter] ARTICLE is the basis of  the
arrest,  the magistrate shall permit the complainant to file a petition,
information or accusatory instrument and  for  reasonable  cause  shown,
shall  thereupon  hold  such  respondent or defendant, [admit to, fix or
accept bail,] ESTABLISH A SECURING ORDER or parole him or her for  hear-
ing  before  the  family  court  or  appropriate  criminal  court as the
complainant shall choose in accordance with the  provisions  of  section
530.11 of this [chapter] ARTICLE.
  11. If a defendant is brought before the court for failure to obey any
lawful order issued under this section, or an order of protection issued
by  a  court  of competent jurisdiction in another state, territorial or
tribal jurisdiction, and if, after hearing, the court  is  satisfied  by
competent proof that the defendant has willfully failed to obey any such
order, the court may:
  (a)  revoke  [an  order  of recognizance or revoke an order of bail or
order forfeiture of such bail] A SECURING ORDER and commit the defendant
to custody; or
  (b) restore the case to the calendar when there has been  an  adjourn-
ment  in contemplation of dismissal and commit the defendant to custody;
or
  (c) revoke a conditional discharge in accordance with  section  410.70
of this chapter and impose probation supervision or impose a sentence of
imprisonment  in  accordance  with  the  penal law based on the original
conviction; or
  (d) revoke probation in accordance with section 410.70 of this chapter
and impose a sentence of imprisonment in accordance with the  penal  law
based  on the original conviction. In addition, if the act which consti-
tutes the violation of the order of protection  or  temporary  order  of
protection  is  a crime or a violation the defendant may be charged with
and tried for that crime or violation.
  § 17. Section 530.20 of the criminal  procedure  law,  as  amended  by
chapter  531  of the laws of 1975, subparagraph (ii) of paragraph (b) of
subdivision 2 as amended by chapter 218 of the laws of 1979, is  amended
to read as follows:
§ 530.20 [Order of recognizance or bail;] SECURING ORDER by local crimi-
             nal court when action is pending therein.
  When  a  criminal  action  is  pending in a local criminal court, such
court, upon application of a defendant, must [or may order  recognizance
or bail] ISSUE A SECURING ORDER as follows:
  1. [When the defendant is charged, by information, simplified informa-
tion, prosecutor's information or misdemeanor complaint, with an offense
or  offenses of less than felony grade only, the court must order recog-
nizance or bail.] IN CASES WHERE THE  MOST  SERIOUS  CHARGE  FACING  THE
DEFENDANT  IN THE CASE BEFORE THE COURT OR A PENDING CASE IS A MISDEMEA-
NOR OR A FELONY OTHER THAN THAT ENUMERATED IN SECTION 70.02 OF THE PENAL
LAW OR A CLASS A FELONY OFFENSE DEFINED IN THE PENAL  LAW,  RELEASE  THE
PRINCIPAL PENDING TRIAL ON THE PRINCIPAL'S PERSONAL RECOGNIZANCE, UNLESS
THE  COURT  FINDS  ON  THE  RECORD THAT RELEASE ON RECOGNIZANCE WILL NOT
REASONABLY ASSURE THE INDIVIDUAL'S COURT ATTENDANCE. IN SUCH  INSTANCES,

S. 7505                            18                            A. 9505

THE  COURT  WILL  RELEASE  THE INDIVIDUAL UNDER NON-MONETARY CONDITIONS,
SELECTING THE LEAST RESTRICTIVE ALTERNATIVE THAT WILL REASONABLY  ASSURE
THE  PRINCIPAL'S  COURT ATTENDANCE. THE COURT WILL SUPPORT ITS CHOICE OF
ALTERNATIVE  ON  THE RECORD.  THE PRINCIPAL SHALL NOT BE REQUIRED TO PAY
FOR ANY PART OF THE  COST  OF  RELEASE  UNDER  NON-MONETARY  CONDITIONS,
EXCEPT  THAT  A PRINCIPAL MAY BE REQUIRED TO PAY FOR ALL OR A PORTION OF
THE COST OF ELECTRONIC MONITORING UNLESS THE PRINCIPAL IS  INDIGENT  AND
CANNOT PAY ALL OR A PORTION OF THE COST OF SUCH MONITORING.
  2. [When the defendant is charged, by felony complaint, with a felony,
the  court  may, in its discretion, order recognizance or bail except as
otherwise provided in this subdivision:
  (a)  A city court, a town court or  a  village  court  may  not  order
recognizance  or  bail  when (i) the defendant is charged with a class A
felony, or (ii) it appears that the defendant has  two  previous  felony
convictions;
  (b)]  IN  CASES  WHERE THE MOST SERIOUS CHARGE FACING THE DEFENDANT IN
THE CASE BEFORE THE COURT OR A PENDING CASE IS A  FELONY  ENUMERATED  IN
SECTION  70.02  OF  THE PENAL LAW OR A CLASS A FELONY OFFENSE DEFINED IN
THE PENAL LAW, RELEASE THE PRINCIPAL PENDING TRIAL  ON  THE  PRINCIPAL'S
PERSONAL  RECOGNIZANCE,  OR  RELEASE  THE  PRINCIPAL  UNDER NON-MONETARY
CONDITIONS, OR FIX BAIL, SELECTING  THE  LEAST  RESTRICTIVE  ALTERNATIVE
THAT  WILL  REASONABLY  ASSURE  THE  PRINCIPAL'S  COURT  APPEARANCE WHEN
REQUIRED. THE COURT WILL  SUPPORT  ITS  CHOICE  OF  ALTERNATIVE  ON  THE
RECORD.
  3.  NOTWITHSTANDING THE ABOVE, IN CASES WHERE THE PEOPLE INDICATE THAT
THEY INTEND TO MOVE FOR PRETRIAL DETENTION AS SET FORTH IN ARTICLE  FIVE
HUNDRED  FORTY-FIVE  OF THIS TITLE, THE COURT SHALL COMMIT THE DEFENDANT
TO THE CUSTODY OF THE SHERIFF.
  4. NOTWITHSTANDING THE ABOVE, IN CASES WHERE THE DEFENDANT IS FACING A
CHARGE OF A CLASS A FELONY, OR IT APPEARS THAT  THE  DEFENDANT  HAS  TWO
PREVIOUS  FELONY  CONVICTIONS  WITHIN  THE MEANING OF SUBDIVISION ONE OF
SECTION 70.08 OR 70.10 OF THE PENAL LAW;  THE  COURT  SHALL  COMMIT  THE
DEFENDANT TO THE CUSTODY OF THE SHERIFF FOR THE COUNTY OR SUPERIOR COURT
TO MAKE A DETERMINATION ABOUT A SECURING ORDER WITHIN THREE DAYS.
  5. No local criminal court may order [recognizance or bail] A SECURING
ORDER  with  respect  to  a  defendant  charged with a felony unless and
until[:
  (i)  The district attorney has been heard  in  the  matter  or,  after
knowledge  or notice of the application and reasonable opportunity to be
heard, has failed to appear at the proceeding or  has  otherwise  waived
his right to do so; and
  (ii)  The]  THE  court  [has],  AND COUNSEL FOR THE DEFENSE, HAVE been
furnished with a report of the division  of  criminal  justice  services
concerning  the  defendant's  criminal  record, if any, or with a police
department report with respect  to  the  defendant's  prior  arrest  AND
CONVICTION  record,  IF ANY.  If neither report is available, the court,
with the consent of  the  district  attorney,  may  dispense  with  this
requirement;  provided, however, that in an emergency, including but not
limited to a substantial impairment in the ability of such  division  or
police  department to timely furnish such report, such consent shall not
be required if, for reasons stated on the record,  the  court  deems  it
unnecessary.  [When the court has been furnished with any such report or
record, it shall furnish a copy thereof to counsel for the defendant or,
if the defendant is not represented by counsel, to the defendant.]

S. 7505                            19                            A. 9505

  § 18. The section heading, subdivision 1 and subdivision 2 of  section
530.30  of the criminal procedure law, subdivision 2 as amended by chap-
ter 762 of the laws of 1971, are amended to read as follows:
[Order  of  recognizance or bail; by superior court judge when action is
             pending in local criminal court] SECURING ORDER BY SUPERIOR
             COURT JUDGE WHEN ACTION IS PENDING IN LOCAL CRIMINAL COURT.
  1.  When a criminal action is pending in a local criminal court, other
than one consisting of a superior court judge sitting as such,  a  judge
of  a superior court holding a term thereof in the county, upon applica-
tion of a defendant, may order [recognizance or bail] A  SECURING  ORDER
when such local criminal court:
  (a)    Lacks  authority to issue such an order, pursuant to [paragraph
(a) of] subdivision [two] FOUR of section 530.20; or
  (b)  Has denied an application for recognizance or bail; or
  (c)  Has fixed bail which is excessive; OR
  (D) HAS SET A SECURING ORDER OF RELEASE UNDER NON-MONETARY  CONDITIONS
WHICH  ARE  MORE  RESTRICTIVE  THAN NECESSARY TO REASONABLY ENSURE COURT
ATTENDANCE.
  In such case, such superior court judge may vacate the order  of  such
local criminal court and release the defendant on [his own] recognizance
OR UNDER RELEASE WITH CONDITIONS, or fix bail in a lesser amount or in a
less  burdensome  form,  WHICHEVER  IS THE LEAST RESTRICTIVE ALTERNATIVE
THAT WILL REASONABLY ASSURE DEFENDANT'S APPEARANCE IN COURT.  THE  COURT
WILL SUPPORT ITS CHOICE OF ALTERNATIVE ON THE RECORD.
  2.    Notwithstanding  the  provisions  of  subdivision  one, when the
defendant is charged with a felony in a local criminal court, a superior
court judge may not order recognizance or  bail  unless  and  until  the
district  attorney  has had an opportunity to be heard in the matter and
such judge has been furnished with a report as  described  in  [subpara-
graph  (ii)  of  paragraph  (b)  of]  subdivision  [two] FIVE of section
530.20.
  § 19. Section 530.40 of the criminal procedure law, subdivision  3  as
amended by chapter 264 of the laws of 2003, and subdivision 4 as amended
by chapter 762 of the laws of 1971, is amended to read as follows:
§ 530.40 [Order  of  recognizance  or  bail;] SECURING ORDER by superior
           court when action is pending therein.
  When a criminal action is pending in a  superior  court,  such  court,
upon  application of a defendant, must or may order recognizance or bail
as follows:
  1. [When the defendant is charged with an offense or offenses of  less
than felony grade only, the court must order recognizance or bail.
  2.  When the defendant is charged with a felony, the court may, in its
discretion, order recognizance or bail. In any such  case  in  which  an
indictment  (a)  has  resulted  from  an order of a local criminal court
holding the defendant for the action of the grand jury, or (b) was filed
at a time when a felony complaint charging the same conduct was  pending
in  a  local criminal court, and in which such local criminal court or a
superior court judge has issued an order of recognizance or  bail  which
is  still  effective, the superior court's order may be in the form of a
direction continuing the effectiveness of the previous order.] IN  CASES
WHERE  THE  MOST  SERIOUS CHARGE FACING THE DEFENDANT IN THE CASE BEFORE
THE COURT OR A PENDING CASE IS A MISDEMEANOR OR A FELONY OTHER THAN THAT
ENUMERATED IN SECTION 70.02 OF THE PENAL LAW OR A CLASS A FELONY OFFENSE
DEFINED IN THE PENAL LAW, RELEASE THE PRINCIPAL  PENDING  TRIAL  ON  THE
PRINCIPAL'S  PERSONAL RECOGNIZANCE, UNLESS THE COURT FINDS ON THE RECORD
THAT RELEASE ON RECOGNIZANCE WILL NOT REASONABLY ASSURE THE INDIVIDUAL'S

S. 7505                            20                            A. 9505

COURT ATTENDANCE. IN SUCH INSTANCES, THE COURT WILL RELEASE THE INDIVID-
UAL UNDER  NON-MONETARY  CONDITIONS,  SELECTING  THE  LEAST  RESTRICTIVE
ALTERNATIVE  THAT  WILL  REASONABLY ASSURE THE PRINCIPAL'S COURT ATTEND-
ANCE.  THE  COURT  WILL SUPPORT ITS CHOICE OF ALTERNATIVE ON THE RECORD.
THE PRINCIPAL SHALL NOT BE REQUIRED TO PAY FOR ANY PART OF THE  COST  OF
RELEASE  UNDER  NON-MONETARY  CONDITIONS, EXCEPT THAT A PRINCIPAL MAY BE
REQUIRED TO PAY FOR ALL OR A PORTION OF THE COST OF ELECTRONIC  MONITOR-
ING  UNLESS THE PRINCIPAL IS INDIGENT AND CANNOT PAY ALL OR A PORTION OF
THE COST OF SUCH MONITORING.
  2. IN CASES WHERE THE MOST SERIOUS CHARGE FACING THE DEFENDANT IN  THE
CASE  BEFORE  THE  COURT  OR  A  PENDING  CASE IS A FELONY ENUMERATED IN
SECTION 70.02 OF THE PENAL LAW OR A CLASS A FELONY  OFFENSE  DEFINED  IN
THE  PENAL  LAW,  RELEASE THE PRINCIPAL PENDING TRIAL ON THE PRINCIPAL'S
PERSONAL RECOGNIZANCE,  OR  RELEASE  THE  PRINCIPAL  UNDER  NON-MONETARY
CONDITIONS,  OR  FIX  BAIL,  SELECTING THE LEAST RESTRICTIVE ALTERNATIVE
THAT WILL  REASONABLY  ASSURE  THE  PRINCIPAL'S  COURT  APPEARANCE  WHEN
REQUIRED.  THE  COURT  WILL  SUPPORT  ITS  CHOICE  OF ALTERNATIVE ON THE
RECORD.
  3. NOTWITHSTANDING THE ABOVE, IN CASES WHERE THE PEOPLE INDICATE  THAT
THEY  INTEND  TO  MOVE FOR PRETRIAL DETENTION AS SET OUT IN ARTICLE FIVE
HUNDRED FORTY-FIVE OF THIS TITLE, THE COURT SHALL COMMIT  THE  DEFENDANT
TO THE CUSTODY OF THE SHERIFF.
  4.  Notwithstanding  the  provisions of [subdivision] SUBDIVISIONS ONE
AND two, a superior court may not [order recognizance or bail]  ISSUE  A
SECURING  ORDER,  or permit a defendant to remain at liberty pursuant to
an existing order, after  [he]  THE  DEFENDANT  has  been  convicted  of
either:  (a)  a  class  A  felony  or  (b) any class B or class C felony
defined in article one hundred thirty of  the  penal  law  committed  or
attempted  to  be  committed  by a person eighteen years of age or older
against a person less than eighteen years of age.  In  either  case  the
court must commit or remand the defendant to the custody of the sheriff.
  [4.]  5.  Notwithstanding the provisions of [subdivision] SUBDIVISIONS
ONE AND two, a superior court may not [order recognizance or bail] ISSUE
A SECURING ORDER when the defendant is charged with a felony unless  and
until  the  district  attorney has had an opportunity to be heard in the
matter and such court [has]  AND  COUNSEL  FOR  THE  DEFENSE  HAVE  been
furnished  with  a report as described in subparagraph (ii) of paragraph
(b) of subdivision two of section 530.20 OF THIS ARTICLE.
  § 20. Subdivision 1 of section 530.45 of the criminal  procedure  law,
as  amended  by  chapter  264 of the laws of 2003, is amended to read as
follows:
  1. When the defendant is at liberty in the course of a criminal action
as a result of a prior [order of recognizance or  bail]  SECURING  ORDER
and the court revokes such order and then [either fixes no bail or fixes
bail in a greater amount or in a more burdensome form than was previous-
ly fixed and remands or commits defendant to the custody of the sheriff,
a judge designated in subdivision two, upon application of the defendant
following  conviction  of  an  offense  other than a class A felony or a
class B or class C felony offense defined in article one hundred  thirty
of  the  penal  law  committed  or attempted to be committed by a person
eighteen years of age or older against a person less than eighteen years
of age, and before sentencing, may issue a  securing  order  and  either
release defendant on his own recognizance, or fix bail, or fix bail in a
lesser  amount  or]  ISSUES  A MORE RESTRICTIVE SECURING ORDER in a less
[burdensome] RESTRICTIVE form than fixed  by  the  court  in  which  the
conviction was entered.

S. 7505                            21                            A. 9505

  §  21.  Section 530.60 of the criminal procedure law, subdivision 1 as
amended by chapter 565 of the laws of 2011, subdivision 2  as  added  by
chapter  788  of  the laws of 1981 and paragraph (a) of subdivision 2 as
amended by chapter 794 of the laws  of  1986,  is  amended  to  read  as
follows:
§  530.60  [Order  of recognizance or bail; revocation thereof] SECURING
             ORDER; MODIFICATION THEREOF UPON COURT'S OWN ACTION.
  [1.] Whenever in the course of  a  criminal  action  or  proceeding  a
defendant  is  at  liberty  as  a result of [an order of recognizance or
bail] A SECURING ORDER issued pursuant to this chapter,  and  the  court
considers  it  necessary  to  review  such order, it may, and by a bench
warrant if necessary, require the defendant to appear before the  court.
Upon  such  appearance, the court, for good cause shown, may revoke [the
order of recognizance or bail. If the defendant is entitled to  recogni-
zance  or  bail  as a matter of right, the court must issue another such
order. If he or she is not, the court may either issue such an order  or
commit  the defendant to the custody of the sheriff. Where the defendant
is committed to the custody of the sheriff  and  is  held  on  a  felony
complaint,  a  new  period as provided in section 180.80 of this chapter
shall commence to run from the time of the defendant's commitment  under
this  subdivision]  AND  MODIFY  THE SECURING ORDER, SELECTING THE LEAST
RESTRICTIVE ALTERNATIVE THAT WILL REASONABLY ASSURE COURT APPEARANCE. IF
THE MOST SERIOUS CHARGE FACING THE DEFENDANT  IN  THE  CASE  BEFORE  THE
COURT  OR  A  PENDING  CASE  IS  A MISDEMEANOR OR FELONY OTHER THAN THAT
ENUMERATED IN SECTION 70.02 OF THE PENAL LAW OR A CLASS A FELONY DEFINED
IN THE PENAL LAW, THE COURT  MUST  RELEASE  THE  DEFENDANT  ON  PERSONAL
RECOGNIZANCE  OR SET RELEASE WITH NON-MONETARY CONDITIONS. NOTWITHSTAND-
ING THE FOREGOING, THE PEOPLE MAY MOVE AT ANY TIME FOR CONSIDERATION  OF
PRETRIAL  DETENTION  UNDER ARTICLE FIVE HUNDRED FORTY-FIVE OF THIS TITLE
IF THE DEFENDANT'S ALLEGED ACTIONS RENDER THE DEFENDANT  ELIGIBLE  UNDER
FOR A HEARING UNDER THAT SECTION.
  [2.  (a)  Whenever  in the course of a criminal action or proceeding a
defendant charged with the commission of a felony is  at  liberty  as  a
result of an order of recognizance or bail issued pursuant to this arti-
cle  it  shall  be  grounds for revoking such order that the court finds
reasonable cause to believe the defendant committed one or  more  speci-
fied  class  A  or  violent  felony  offenses or intimidated a victim or
witness in violation of sections 215.15, 215.16 or 215.17 of  the  penal
law  while  at liberty. Before revoking an order of recognizance or bail
pursuant to this subdivision, the court must hold a  hearing  and  shall
receive  any  relevant,  admissible evidence not legally privileged. The
defendant may cross-examine witnesses and may present relevant, admissi-
ble evidence on his own behalf. Such hearing may be  consolidated  with,
and  conducted  at the same time as, a felony hearing conducted pursuant
to article one hundred eighty of this chapter. A transcript of testimony
taken before the grand jury upon presentation of the subsequent  offense
shall be admissible as evidence during the hearing.  The district attor-
ney  may  move to introduce grand jury testimony of a witness in lieu of
that witness' appearance at the hearing.
  (b) Revocation of an order of  recognizance  or  bail  and  commitment
pursuant to this subdivision shall be for the following periods, either:
  (i) For a period not to exceed ninety days exclusive of any periods of
adjournment requested by the defendant; or
  (ii) Until the charges contained within the accusatory instrument have
been  reduced  or dismissed such that no count remains which charges the
defendant with commission of a felony; or

S. 7505                            22                            A. 9505

  (iii) Until reduction or dismissal of the charges contained within the
accusatory instrument charging the subsequent offense such that no count
remains which charges the defendant with commission  of  a  class  A  or
violent felony offense.
  Upon  expiration  of  any  of  the three periods specified within this
paragraph, whichever is shortest, the court may grant  or  deny  release
upon  an order of bail or recognizance in accordance with the provisions
of this article. Upon conviction to an offense the provisions of article
five hundred thirty of this chapter shall apply.
  (c) Notwithstanding the provisions of paragraph (a) of  this  subdivi-
sion  a  defendant, against whom a felony complaint has been filed which
charges the defendant with commission of a class  A  or  violent  felony
offense  committed  while he was at liberty as specified therein, may be
committed to the custody of the sheriff pending a revocation hearing for
a period not to exceed seventy-two hours. An additional  period  not  to
exceed seventy-two hours may be granted by the court upon application of
the  district attorney upon a showing of good cause or where the failure
to commence the hearing was due to the defendant's request  or  occurred
with  his  consent. Such good cause must consist of some compelling fact
or circumstance  which  precluded  conducting  the  hearing  within  the
initial prescribed period.]
  §  22.  The  criminal procedure law is amended by adding a new section
530.65 to read as follows:
§ 530.65 VIOLATION OF A CONDITION OF RELEASE, REMEDIES AVAILABLE.
  WHEN A PRINCIPAL IS RELEASED UNDER NON-MONETARY CONDITIONS, THE COURT,
UPON MOTION BY THE PEOPLE, MAY REVOKE AND MODIFY THE SECURING ORDER  DUE
TO  VIOLATIONS  OF  THOSE  RELEASE CONDITIONS. IN DETERMINING WHETHER TO
REVOKE AND MODIFY THE  SECURING  ORDER,  THE  COURT  MUST  CONSIDER  THE
NATURE,  THE  WILLFULNESS,  AND THE SERIOUSNESS OF THE VIOLATION AND MAY
ONLY SET A MORE RESTRICTIVE CONDITION OR CONDITIONS  OR  RELEASE  IF  IT
FINDS  THAT  SUCH  CONDITIONS  ARE  NECESSARY  TO  REASONABLY ASSURE THE
DEFENDANT'S APPEARANCE IN COURT.   NOTWITHSTANDING  THE  FOREGOING,  THE
PEOPLE  MAY  MOVE  AT  ANY  TIME FOR CONSIDERATION OF PRETRIAL DETENTION
UNDER ARTICLE FIVE HUNDRED FORTY-FIVE OF THIS TITLE IF  THE  DEFENDANT'S
ALLEGED  ACTIONS RENDER THE DEFENDANT ELIGIBLE UNDER FOR A HEARING UNDER
THAT SECTION.
  § 23. Title P of part 3 of the criminal procedure law  is  amended  by
adding a new article 545 to read as follows:
                     ARTICLE 545--PRETRIAL DETENTION
SECTION 545.10 PRETRIAL DETENTION; WHEN ORDERED.
        545.20 ELIGIBILITY FOR A PRETRIAL DETENTION HEARING.
        545.30 PRETRIAL DETENTION HEARING.
        545.40 ORDER FOR PRETRIAL DETENTION.
        545.50 REOPENING OF PRETRIAL HEARING.
        545.60 LENGTH  OF  DETENTION FOR DEFENDANT HELD UNDER A PRETRIAL
                 DETENTION ORDER.
§ 545.10 PRETRIAL DETENTION; WHEN ORDERED.
  A COUNTY OR SUPERIOR COURT MAY ORDER, BEFORE TRIAL, THE DETENTION OF A
DEFENDANT IF THE PEOPLE SEEK DETENTION OF THE  DEFENDANT  UNDER  SECTION
545.20  OF THIS ARTICLE, AND, AFTER A HEARING PURSUANT TO SECTION 545.30
OF THIS ARTICLE, THE COURT FINDS CLEAR AND CONVINCING EVIDENCE THAT  THE
DEFENDANT  POSES  A  HIGH RISK OF FLIGHT BEFORE TRIAL, OR THAT DEFENDANT
POSES A CURRENT THREAT TO THE PHYSICAL SAFETY OF A REASONABLY  IDENTIFI-
ABLE  PERSON OR PERSONS, AND THAT NO CONDITIONS OR COMBINATION OF CONDI-
TIONS IN THE COMMUNITY WILL SUFFICE TO CONTAIN  THE  AFORESAID  RISK  OR
THREAT.

S. 7505                            23                            A. 9505

§ 545.20 ELIGIBILITY FOR A PRETRIAL DETENTION HEARING.
  1. THE PEOPLE MAY MAKE A MOTION WITH THE COURT AT ANY TIME SEEKING THE
PRETRIAL DETENTION OF A DEFENDANT:
  (A)  CHARGED  WITH  OFFENSES  INVOLVING  DOMESTIC  VIOLENCE, OR CRIMES
INVOLVING SERIOUS VIOLENCE OR A CLASS A FELONY DEFINED IN THE PENAL LAW;
  (B) CHARGED WITH OFFENSES INVOLVING WITNESS INTIMIDATION UNDER SECTION
215.15, 215.16 OR 215.17 OF THE PENAL LAW;
  (C) CHARGED WITH COMMITTING A NEW CRIME  WHILE  IN  THE  COMMUNITY  ON
RECOGNIZANCE, OR NON-MONETARY-CONDITIONS, OR BAIL; OR
  (D) WHO WILLFULLY FAILED TO APPEAR IN COURT.
  2. UPON SUCH MOTION BY THE PEOPLE, THE DEFENDANT SHALL BE COMMITTED TO
THE CUSTODY OF THE SHERIFF. IF THE PERSON IS AT LIBERTY, A WARRANT SHALL
ISSUE AND THE DEFENDANT BROUGHT INTO CUSTODY OF THE SHERIFF.
§ 545.30 PRETRIAL DETENTION HEARING.
  1.  A HEARING SHALL BE HELD WITHIN FIVE WORKING DAYS FROM THE PEOPLE'S
MOTION.   AT THE HEARING, THE DEFENDANT  SHALL  HAVE  THE  RIGHT  TO  BE
REPRESENTED BY COUNSEL, AND, IF FINANCIALLY UNABLE TO OBTAIN COUNSEL, TO
HAVE COUNSEL ASSIGNED. THE DEFENDANT SHALL BE AFFORDED AN OPPORTUNITY TO
TESTIFY,  TO PRESENT WITNESSES, TO CROSS-EXAMINE WITNESSES WHO APPEAR AT
THE HEARING, AND TO PRESENT INFORMATION BY  PROFFER  OR  OTHERWISE.  THE
RULES CONCERNING THE ADMISSIBILITY OF EVIDENCE IN CRIMINAL TRIALS DO NOT
APPLY  TO  THE  PRESENTATION AND CONSIDERATION OF INFORMATION DURING THE
HEARING.
  2. DISCOVERY SHALL BE AFFORDED IN ACCORDANCE WITH  PRETRIAL  HEARINGS,
AS SET OUT IN CRIMINAL PROCEDURE LAW SECTION 240.44.
  3.  IN  HEARINGS IN CASES FOR WHICH THERE IS NO INDICTMENT, THE PEOPLE
SHALL ESTABLISH PROBABLE CAUSE THAT THE ELIGIBLE DEFENDANT COMMITTED THE
CHARGED OFFENSE. THE PEOPLE  MUST  ESTABLISH  BY  CLEAR  AND  CONVINCING
EVIDENCE  THAT DEFENDANT POSES A HIGH RISK OF FLIGHT OR A CURRENT THREAT
OF PHYSICAL DANGER TO A REASONABLY IDENTIFIABLE PERSON  OR  PERSONS  AND
THAT  NO  CONDITIONS  OR COMBINATION OF CONDITIONS IN THE COMMUNITY WILL
SUFFICE TO CONTAIN THE AFORESAID  RISK  OR  THREAT.  THERE  SHALL  BE  A
REBUTTABLE PRESUMPTION, WHICH THE DEFENDANT MAY OVERCOME BY A PREPONDER-
ANCE OF THE EVIDENCE, THAT NO CONDITIONS OR COMBINATION OF CONDITIONS IN
THE  COMMUNITY  WILL SUFFICE TO CONTAIN A CURRENT THREAT TO THE PHYSICAL
SAFETY OF A REASONABLY IDENTIFIABLE PERSON OR PERSONS IF THE COURT FINDS
PROBABLE CAUSE THAT THE DEFENDANT:
  (A) COMMITTED A CRIME FOR WHICH THE DEFENDANT WOULD BE  SUBJECT  TO  A
TERM OF LIFE IMPRISONMENT;
  (B) COMMITTED A CRIME INVOLVING DOMESTIC VIOLENCE OR A CRIME INVOLVING
SERIOUS  VIOLENCE  OR  A CLASS A FELONY OFFENSE DEFINED IN THE PENAL LAW
WHILE THE DEFENDANT WAS IN THE COMMUNITY ON RECOGNIZANCE,  OR  NON-MONE-
TARY  CONDITIONS,  OR  BAIL  WHILE  CHARGED  WITH  A CRIME ENUMERATED IN
SECTION 70.02 OF THE PENAL LAW OR A CLASS A FELONY OFFENSE;
  (C) THREATENED, INJURED, INTIMIDATED, OR ATTEMPTED TO THREATEN, INJURE
OR INTIMIDATE A PROSPECTIVE WITNESS OR JUROR  IN  AN  CRIMINAL  INVESTI-
GATION OR JUDICIAL PROCEEDING; OR
  (D) COMMITTED A CRIME INVOLVING DOMESTIC VIOLENCE OR A CRIME INVOLVING
SERIOUS  VIOLENCE  OR  A CLASS A FELONY OFFENSE DEFINED IN THE PENAL LAW
WHILE ARMED WITH A FIREARM.
  4. IN DETERMINING WHETHER THE DEFENDANT PRESENTS A HIGH RISK OF FLIGHT
OR A CURRENT THREAT OF PHYSICAL  DANGER  TO  A  REASONABLY  IDENTIFIABLE
PERSON  OR  PERSONS  AND WHETHER NO CONDITIONS OR COMBINATIONS OF CONDI-
TIONS IN THE COMMUNITY WILL SUFFICE TO CONTAIN SUCH RISK OR THREAT,  THE
COURT MAY TAKE INTO ACCOUNT THE FOLLOWING INFORMATION:
  (A) THE NATURE AND CIRCUMSTANCES OF THE CHARGED OFFENSE;

S. 7505                            24                            A. 9505

  (B)  THE WEIGHT OF THE EVIDENCE AGAINST THE DEFENDANT, EXCEPT THAT THE
COURT MAY CONSIDER THE  ADMISSIBILITY  OF  ANY  EVIDENCE  SOUGHT  TO  BE
EXCLUDED;
  (C)  THE DEFENDANT'S CURRENT AND PRIOR HISTORY OF FAILURE TO APPEAR IN
COURT WHETHER SUCH FAILURES TO APPEAR WERE WILLFUL;
  (D) THE NATURE AND THE CREDIBILITY  OF  THE  THREAT  TO  THE  PHYSICAL
DANGER  OF  A  REASONABLY IDENTIFIABLE PERSON OR PERSONS, IF APPLICABLE;
AND
  (E) WHETHER, AT THE TIME OF THE CURRENT OFFENSE OR ARREST, THE DEFEND-
ANT WAS ON PROBATION, PAROLE, OR ON RELEASE PENDING TRIAL, SENTENCING OR
COMPLETION OF A SENTENCE IN THIS STATE OR OTHER JURISDICTIONS.
§ 545.40 ORDER FOR PRETRIAL DETENTION.
  IN A PRETRIAL DETENTION ORDER ISSUED PURSUANT  TO  SECTION  545.10  OF
THIS ARTICLE, THE COURT SHALL:
  1.  INCLUDE  WRITTEN  FINDINGS  OF FACT AND A WRITTEN STATEMENT OF THE
REASONS FOR THE DETENTION; AND
  2. DIRECT THAT THE ELIGIBLE DEFENDANT BE AFFORDED REASONABLE  OPPORTU-
NITY FOR PRIVATE CONSULTATION WITH COUNSEL.
§ 545.50 REOPENING OF PRETRIAL HEARING.
  A  PRETRIAL  DETENTION HEARING MAY BE OPENED, BEFORE OR AFTER ISSUANCE
OF A PRETRIAL DETENTION ORDER BY THE COURT, BY MOTION OF THE  PEOPLE  OR
THE  DEFENDANT,  AT  ANY  TIME BEFORE TRIAL, IF THE COURT FINDS EITHER A
CHANGE OF CIRCUMSTANCES OR THAT INFORMATION EXISTS THAT WAS NOT KNOWN TO
THE PEOPLE OR TO THE DEFENDANT AT THE TIME OF THE HEARING,  THAT  HAS  A
MATERIAL  BEARING ON THE ISSUE OF WHETHER DEFENDANT PRESENTS A HIGH RISK
OF FAILURE TO APPEAR OR A CURRENT THREAT TO THE  PHYSICAL  SAFETY  OF  A
REASONABLY  IDENTIFIABLE  PERSON OR PERSONS AND WHETHER NO CONDITIONS OR
COMBINATION OF CONDITIONS WILL SUFFICE TO CONTAIN SUCH RISK OR THREAT.
§ 545.60 LENGTH  OF  DETENTION  FOR  DEFENDANT  HELD  UNDER  A  PRETRIAL
           DETENTION ORDER.
  1.  IF  A  PRETRIAL  DETENTION  ORDER IS ISSUED, A DEFENDANT SHALL NOT
REMAIN DETAINED IN JAIL FOR MORE THAN ONE HUNDRED EIGHTY DAYS AFTER  THE
RETURN  OF  THE  INDICTMENT, IF APPLICABLE, UNTIL THE START OF TRIAL. IN
CASES WHERE NO INDICTMENT IS REQUIRED, THE ONE HUNDRED EIGHTY DAYS SHALL
RUN FROM THE PRETRIAL DETENTION ORDER.
  2. (A) THE TIME WITHIN WHICH THE TRIAL OF THE CASE  COMMENCES  MAY  BE
EXTENDED  FOR  ONE  OR MORE ADDITIONAL PERIODS NOT TO EXCEED TWENTY DAYS
EACH ON THE BASIS OF A MOTION SUBMITTED BY THE PEOPLE  AND  APPROVED  BY
THE  COURT. THE ADDITIONAL PERIOD OR PERIODS OF DETENTION MAY BE GRANTED
ONLY ON THE BASIS OF GOOD CAUSE SHOWN, AND SHALL BE GRANTED ONLY FOR THE
ADDITIONAL TIME REQUIRED TO PREPARE FOR THE TRIAL OF  THE  PERSON.  GOOD
CAUSE  MAY  INCLUDE,  BUT  NOT  BE  LIMITED TO, THE UNAVAILABILITY OF AN
ESSENTIAL WITNESS, THE NECESSITY FOR FORENSIC ANALYSIS OF EVIDENCE,  THE
ABILITY  TO  CONDUCT A JOINT TRIAL WITH A CO-DEFENDANT OR CO-DEFENDANTS,
SEVERANCE OF CO-DEFENDANTS WHICH PERMITS  ONLY  ONE  TRIAL  TO  COMMENCE
WITHIN  THE  TIME  PERIOD,  COMPLEX  OR MAJOR INVESTIGATIONS, SCHEDULING
CONFLICTS WHICH ARISE SHORTLY BEFORE THE TRIAL DATE,  THE  INABILITY  TO
PROCEED  TO  TRIAL  BECAUSE  OF  ACTION TAKEN BY OR AT THE BEHEST OF THE
DEFENDANT, THE BREAKDOWN OF A PLEA AGREEMENT ON  OR  IMMEDIATELY  BEFORE
THE  TRIAL  DATE,  AND  ALLOWING  REASONABLE TIME TO PREPARE FOR A TRIAL
AFTER THE CIRCUMSTANCES GIVING RISE TO A TOLLING OR EXTENSION OF THE ONE
HUNDRED EIGHTY DAY PERIOD NO LONGER EXISTS.
  (B) IN COMPUTING THE ONE  HUNDRED  EIGHTY  DAYS  FROM  INDICTMENT,  IF
APPLICABLE, OR THE DATE OF PRETRIAL ORDER, TO COMMENCEMENT OF TRIAL, THE
FOLLOWING PERIODS SHALL BE EXCLUDED:

S. 7505                            25                            A. 9505

  (I) ANY PERIOD FROM THE FILING OF THE NOTICE OF APPEAL TO THE ISSUANCE
OF THE MANDATE IN AN INTERLOCUTORY APPEAL;
  (II)  ANY  PERIOD  ATTRIBUTABLE  TO  ANY  EXAMINATION TO DETERMINE THE
DEFENDANT'S SANITY OR LACK THEREOF OR HIS  OR  HER  MENTAL  OR  PHYSICAL
COMPETENCY TO STAND TRIAL;
  (III)  ANY  PERIOD  ATTRIBUTABLE  TO THE INABILITY OF THE DEFENDANT TO
PARTICIPATE IN THE DEFENDANT'S DEFENSE BECAUSE OF MENTAL INCOMPETENCY OR
PHYSICAL INCAPACITY; AND
  (IV) ANY PERIOD IN WHICH THE DEFENDANT IS  OTHERWISE  UNAVAILABLE  FOR
TRIAL.
  3.  IF  A  TRIAL HAS NOT COMMENCED WITHIN ONE HUNDRED EIGHTY DAYS FROM
INDICTMENT, IF APPLICABLE, OR PRETRIAL DETENTION  ORDER,  AS  CALCULATED
ABOVE,  AND  THE  DEFENDANT  REMAINS  IN CUSTODY, THE DEFENDANT SHALL BE
RELEASED ON RECOGNIZANCE OR UNDER  NON-MONETARY  CONDITIONS  OF  RELEASE
PENDING TRIAL ON THE UNDERLYING CHARGE, UNLESS:
  (A) THE TRIAL IS IN PROGRESS,
  (B)  THE  TRIAL  HAS  BEEN  DELAYED  BY  THE TIMELY FILING OF MOTIONS,
EXCLUDING MOTIONS FOR CONTINUANCES;
  (C) THE TRIAL HAS BEEN DELAYED AT THE REQUEST OF THE DEFENDANT; OR
  (D) UPON MOTION OF THE PEOPLE, THE COURT FINDS THAT A SUBSTANTIAL  AND
UNJUSTIFIABLE  RISK  TO THE PHYSICAL SAFETY OF A REASONABLY IDENTIFIABLE
PERSON WOULD RESULT FROM THE DEFENDANT'S RELEASE FROM CUSTODY, AND  THAT
NO  APPROPRIATE  CONDITIONS FOR THE DEFENDANT'S RELEASE WOULD REASONABLY
ADDRESS THAT RISK, AND ALSO FINDS THAT THE FAILURE TO COMMENCE TRIAL  IN
ACCORDANCE  WITH THE TIME REQUIREMENTS SET FORTH IN THIS SECTION WAS NOT
DUE TO UNREASONABLE DELAY BY THE PEOPLE. IF THE COURT MAKES SUCH A FIND-
ING, THE COURT MAY SET AN ADDITIONAL PERIOD OF TIME IN WHICH THE DEFEND-
ANT'S TRIAL MUST COMMENCE.
  § 24. Subsection (b) of section 6805 of the insurance law, as added by
chapter 181 of the laws of 2012, is amended to read as follows:
  (b) A charitable bail organization shall:
  (1) only deposit money as bail in the amount of  [two]  FIVE  thousand
dollars  or less for a defendant charged with one or more [misdemeanors]
OFFENSES AS DEFINED IN SUBDIVISION ONE OF SECTION  10.00  OF  THE  PENAL
LAW,  provided,  however,  that  such  organization shall not execute as
surety any bond for any defendant;
  (2) only deposit money as bail on behalf of a person who is financial-
ly unable to post bail, which may constitute  a  portion  or  the  whole
amount of such bail; AND
  (3) [only deposit money as bail in one county in this state. Provided,
however,  that  a  charitable bail organization whose principal place of
business is located within a city of a million or more may deposit money
as bail in the five counties comprising such city; and
  (4)] not charge a premium or receive  compensation  for  acting  as  a
charitable bail organization.
  § 25. Paragraph (a) of subdivision 9 of section 216.05 of the criminal
procedure law, as amended by chapter 258 of the laws of 2015, is amended
to read as follows:
  (a)  If  at any time during the defendant's participation in the judi-
cial diversion program, the court has reasonable grounds to believe that
the defendant has violated a release condition or has failed  to  appear
before  the  court as requested, the court shall direct the defendant to
appear or issue a bench warrant to a police officer  or  an  appropriate
peace  officer  directing  him or her to take the defendant into custody
and bring the defendant before  the  court  without  unnecessary  delay;
provided,  however,  that  under  no circumstances shall a defendant who

S. 7505                            26                            A. 9505

requires treatment for opioid abuse or  dependence  be  deemed  to  have
violated a release condition on the basis of his or her participation in
medically  prescribed  drug  treatments  under the care of a health care
professional  licensed  or  certified under title eight of the education
law, acting within his or her lawful scope of practice.  The  provisions
of  [subdivision  one  of]  section  530.60  of this chapter relating to
[revocation of recognizance or bail] ISSUANCE OF SECURING  ORDERS  shall
apply to such proceedings under this subdivision.
  § 26. Subdivision 3 of section 620.50 of the criminal procedure law is
amended to read as follows:
  3.  A material witness order must be executed as follows:
  (a)    If  the  bail  is posted and approved by the court, the witness
must[, as provided in subdivision three of section 510.40,] be  released
and  be permitted to remain at liberty; provided that, where the bail is
posted by a person other than the witness himself,  he  may  not  be  so
released except upon his signed written consent thereto;
  (b)  If the bail is not posted, or if though posted it is not approved
by  the  court,  the  witness must[, as provided in subdivision three of
section 510.40,] be committed to the custody of the sheriff.
  § 27. This act shall take effect November 1, 2019.

                                 PART D

  Section 1. Section 240.10 of the criminal procedure law, as  added  by
chapter 412 of the laws of 1979, is amended to read as follows:
§ 240.10  Discovery; definition of terms.
  The following definitions are applicable to this article:
  1.    ["Demand  to  produce" means a written notice served by and on a
party to a criminal action, without leave of  the  court,  demanding  to
inspect  property  pursuant to this article and giving reasonable notice
of the time at which the demanding party wishes to inspect the  property
designated.
  2.]  "Attorneys' work product" means [property] MATERIAL to the extent
that  it  contains the opinions, theories or conclusions of the prosecu-
tor, defense counsel or members of their legal staffs.
  [3.] 2.  "Property" OR "MATERIAL" means any existing tangible personal
or real  property,  including,  but  not  limited  to,  books,  records,
reports,  memoranda,  papers,  photographs,  tapes  or  other electronic
recordings, articles of clothing, fingerprints, blood  samples,  finger-
nail  scrapings  or handwriting specimens, but excluding attorneys' work
product.
  [4.] 3.  "At the trial" means as part of the  [people's]  PROSECUTOR'S
or the defendant's direct case.
  § 2. Section 240.20 of the criminal procedure law, as added by chapter
412  of  the  laws  of  1979,  the opening paragraph of subdivision 1 as
amended by chapter 317 of the laws of 1983, paragraphs (c), (d) and  (g)
of subdivision 1 as amended and paragraph (i) as added by chapter 558 of
the laws of 1982, paragraph (e) of subdivision 1 as added and paragraphs
(f),  (g), (h) and (i) as relettered by chapter 795 of the laws of 1984,
paragraph (j) of subdivision 1 as added by chapter 514 of  the  laws  of
1986,  and paragraph (k) of subdivision 1 as added by chapter 536 of the
laws 1989, is amended to read as follows:
§ 240.20  Discovery; [upon demand of] AUTOMATIC DISCLOSURE TO defendant.
  1. Except to the extent protected by court order[, upon  a  demand  to
produce  by  a defendant against whom] OR RIGHT TO REDACTION PURSUANT TO
THIS ARTICLE, WITHIN FIFTEEN DAYS OF ARRAIGNMENT ON an indictment, supe-

S. 7505                            27                            A. 9505

rior  court  information,  prosecutor's  information,  information,   or
simplified information charging a misdemeanor is pending, the prosecutor
shall  disclose  to  the  defendant  and  make available for inspection,
photographing, copying or testing, the following property:
  (a)   Any written, recorded or oral statement of the defendant, and of
a co-defendant to be tried jointly, made, other than in  the  course  of
the criminal transaction, to a public servant engaged in law enforcement
activity  or to a person then acting under [his] THE direction OF, or in
cooperation with [him] SUCH PUBLIC SERVANT;
  (b)  Any transcript of testimony relating to the  criminal  action  or
proceeding  pending against the defendant, given by the defendant, or by
a co-defendant to be tried jointly, before any grand jury;
  (c)  Any written report or document, or portion thereof, concerning  a
physical or mental examination, or scientific test or experiment, relat-
ing  to  the  criminal action or proceeding which was made by, or at the
request or direction of a public  servant  engaged  in  law  enforcement
activity,  or  which was made by a person whom the prosecutor intends to
call as a witness at trial, or  which  the  [people  intend]  PROSECUTOR
INTENDS to introduce at trial;
  (d)    Any  photograph  or  drawing relating to the criminal action or
proceeding which was made or completed by a public  servant  engaged  in
law  enforcement activity, or which was made by a person whom the prose-
cutor intends to call as a  witness  at  trial,  or  which  the  [people
intend] PROSECUTOR INTENDS to introduce at trial;
  (e)  Any photograph, photocopy or other reproduction made by or at the
direction of a police officer, peace officer or prosecutor of any  prop-
erty  prior  to its release pursuant to the provisions of section 450.10
of the penal law, irrespective of whether the people intend to introduce
at trial the property or the  photograph,  photocopy  or  other  reprod-
uction[.];
  (f)  Any other property obtained from the defendant, or a co-defendant
to be tried jointly;
  (g)    Any  tapes  or other electronic recordings which the prosecutor
intends to introduce at trial, irrespective of  whether  such  recording
was made during the course of the criminal transaction;
  (h)    [Anything]  ANY  OTHER  PROPERTY  OR INFORMATION required to be
disclosed, prior to trial, to the defendant by the prosecutor,  pursuant
to  the constitution of this state or of the United States[.] INCLUDING,
BUT NOT LIMITED TO, ALL EVIDENCE AND INFORMATION, WHETHER OR NOT  ADMIS-
SIBLE  OR  RECORDED  IN  TANGIBLE  FORM, THAT TENDS TO (I) EXCULPATE THE
DEFENDANT; (II) MITIGATE THE DEFENDANT'S CULPABILITY  AS  TO  A  CHARGED
OFFENSE;  (III)  SUPPORT  A POTENTIAL DEFENSE TO A CHARGED OFFENSE; (IV)
SIGNIFICANTLY  IMPUGN  THE  CREDIBILITY  OF  AN  IMPORTANT   PROSECUTION
WITNESS;  OR (V) A SUMMARY OF ALL PROMISES, REWARDS AND INDUCEMENTS MADE
TO PERSONS WHO MAY BE CALLED AS  WITNESSES,  AS  WELL  AS  REQUESTS  FOR
CONSIDERATION  BY  PERSONS WHO MAY BE CALLED AS WITNESSES, AND COPIES OF
ALL DOCUMENTS RELEVANT TO A PROMISE, REWARD OR  INDUCEMENT.  THE  PROSE-
CUTION  SHALL  DISCLOSE  EVIDENCE  OR INFORMATION UNDER THIS SUBDIVISION
EXPEDITIOUSLY UPON ITS RECEIPT BY THE  PROSECUTOR,  NOTWITHSTANDING  THE
OTHERWISE-APPLICABLE TIME PERIODS FOR DISCLOSURE IN THIS ARTICLE;
  (i) The approximate date, time and place of the offense charged and of
defendant's arrest[.];
  (j)  In  any prosecution under penal law section 156.05 or 156.10, the
time, place and manner of notice given pursuant to  subdivision  six  of
section 156.00 of such law[.];

S. 7505                            28                            A. 9505

  (k)  [in]  IN  any prosecution commenced in a manner set forth in this
subdivision alleging a violation of the  vehicle  and  traffic  law,  in
addition to any material required to be disclosed pursuant to this arti-
cle, any other provision of law, or the constitution of this state or of
the  United  States, any written report or document, or portion thereof,
concerning a physical examination,  a  scientific  test  or  experiment,
including the most recent record of inspection, or calibration or repair
of  machines or instruments utilized to perform such scientific tests or
experiments and the certification certificate, if any, held by the oper-
ator of the machine or instrument, which tests or examinations were made
by or at the request or direction of a public  servant  engaged  in  law
enforcement  activity  or which was made by a person whom the prosecutor
intends to call as a witness at trial, or which  the  people  intend  to
introduce at trial[.];
  (L)  A  LIST  OF  ALL  TANGIBLE  OBJECTS  OBTAINED  FROM, OR ALLEGEDLY
POSSESSED BY, THE DEFENDANT OR A CO-DEFENDANT. THE LIST SHALL INCLUDE  A
DESIGNATION  BY THE PROSECUTOR AS TO WHICH OBJECTS WERE RECOVERED DURING
A SEARCH OR SEIZURE BY A PUBLIC SERVANT OR AN AGENT THEREOF,  AND  WHICH
TANGIBLE  OBJECTS WERE RECOVERED BY A PUBLIC SERVANT OR AN AGENT THEREOF
AFTER ALLEGEDLY BEING ABANDONED BY THE DEFENDANT;
  (M) A STATEMENT INDICATING WHETHER A SEARCH WARRANT HAS BEEN  EXECUTED
AND  ALL  DOCUMENTS  RELATING  THERETO, INCLUDING BUT NOT LIMITED TO THE
WARRANT, THE WARRANT APPLICATION, SUPPORTING AFFIDAVITS, A POLICE INVEN-
TORY OF ALL PROPERTY SEIZED UNDER THE WARRANT, AND A TRANSCRIPT  OF  ALL
TESTIMONY OR OTHER ORAL COMMUNICATIONS OFFERED IN SUPPORT OF THE WARRANT
APPLICATION;
  (N) ANY EXPERT OPINION EVIDENCE, INCLUDING THE NAME, BUSINESS ADDRESS,
AND  CURRENT  CURRICULUM VITAE, WHOM THE PROSECUTOR INTENDS TO CALL AS A
WITNESS AT TRIAL OR A PRE-TRIAL HEARING, AND ALL REPORTS PREPARED BY THE
EXPERT THAT PERTAIN TO THE CASE, OR IF NO REPORT IS PREPARED, A  WRITTEN
STATEMENT  OF  THE FACTS AND OPINIONS TO WHICH THE EXPERT IS EXPECTED TO
TESTIFY AND A SUMMARY OF THE GROUNDS FOR EACH  OPINION.  THIS  PARAGRAPH
DOES  NOT  ALTER  OR  IN  ANY  WAY AFFECT THE PROCEDURES, OBLIGATIONS OR
RIGHTS SET FORTH IN SECTION 250.10 OF THIS TITLE.  IF IN THE EXERCISE OF
REASONABLE DILIGENCE THIS  INFORMATION  IS  UNAVAILABLE  FOR  DISCLOSURE
WITHIN  THE TIME PERIOD SPECIFIED IN THIS SUBDIVISION, THAT PERIOD SHALL
BE STAYED WITHOUT NEED FOR A MOTION PURSUANT  TO  THIS  ARTICLE;  EXCEPT
THAT  THE  DISCLOSURE SHALL BE MADE AS SOON AS PRACTICABLE AND NOT LATER
THAN SIXTY CALENDAR DAYS BEFORE A SCHEDULED TRIAL DATE, UNLESS AN  ORDER
FOR  FURTHER  DELAY  UPON  A SHOWING OF GOOD CAUSE IS OBTAINED. WHEN THE
PROSECUTION'S EXPERT WITNESS IS BEING CALLED IN RESPONSE  TO  DISCLOSURE
OF  AN  EXPERT WITNESS BY THE DEFENDANT, THE COURT MAY ALTER A SCHEDULED
TRIAL DATE, IF NECESSARY, TO ALLOW THE PROSECUTION THIRTY CALENDAR  DAYS
TO MAKE THE DISCLOSURE AND THE DEFENDANT THIRTY CALENDAR DAYS TO PREPARE
AND RESPOND TO THE NEW MATERIALS.
  2.   The prosecutor shall make a PROMPT diligent, good faith effort to
ascertain the existence of [demanded]  property  SUBJECT  TO  DISCLOSURE
UNDER  THIS  SECTION and to cause such property to be made available for
discovery where it exists but is not within the prosecutor's possession,
custody or control; provided, that the prosecutor shall not be  required
to  obtain by subpoena duces tecum demanded material which the defendant
may thereby obtain.
  3. UPON MOTION OF A PARTY IN AN INDIVIDUAL CASE, THE COURT  MAY  ALTER
THE TIME PERIODS FOR DISCOVERY IMPOSED BY THIS ARTICLE UPON A SHOWING OF
GOOD CAUSE.

S. 7505                            29                            A. 9505

  §  3.  The  criminal  procedure law is amended by adding a new section
240.21 to read as follows:
§ 240.21 DISCOVERY; DISCLOSURE OF POLICE REPORTS AND PRIOR STATEMENTS OF
           PROSPECTIVE WITNESSES.
  1. EXCEPT TO THE EXTENT PROTECTED BY COURT ORDER OR RIGHT TO REDACTION
PURSUANT  TO  THIS  ARTICLE,  WITHIN  THIRTY  DAYS  OF ARRAIGNMENT ON AN
INDICTMENT, SUPERIOR COURT INFORMATION, PROSECUTOR'S INFORMATION, INFOR-
MATION OR SIMPLIFIED INFORMATION CHARGING A MISDEMEANOR, THE  PROSECUTOR
SHALL  DISCLOSE  TO THE DEFENDANT THE FOLLOWING PROPERTY, PROVIDED IT IS
IN THE POSSESSION OF THE PROSECUTOR:
  (A) ANY REPORT OF A FACTUAL NATURE RELATING TO THE CRIMINAL ACTION  OR
PROCEEDING AGAINST THE DEFENDANT AND PREPARED BY THE PROSECUTOR;
  (B)  ANY  REPORT RELATING TO THE CRIMINAL ACTION OR PROCEEDING AGAINST
THE DEFENDANT PREPARED BY, OR AT THE DIRECTION OF, A POLICE OFFICER,  AS
DEFINED  IN SUBDIVISION THIRTY-FOUR OF SECTION 1.20 OF THIS CHAPTER, WHO
IS EMPLOYED BY A LAW ENFORCEMENT AGENCY WHICH PARTICIPATED IN THE INVES-
TIGATION, ARREST OR POST-ARREST PROCESSING OF THE DEFENDANT WITH RESPECT
TO THE CRIMINAL ACTION OR PROCEEDING AGAINST THE DEFENDANT;
  (C) ANY REPORT, OTHER THAN THOSE DESCRIBED BY PARAGRAPHS (A)  AND  (B)
OF  THIS  SUBDIVISION,  RELATING  TO  THE  CRIMINAL ACTION OR PROCEEDING
AGAINST THE DEFENDANT, WHICH WAS PREPARED BY A LAW ENFORCEMENT  OFFICER,
PROVIDED SUCH REPORT IS IN THE ACTUAL POSSESSION OF THE PROSECUTOR; AND
  (D) ANY WRITTEN OR RECORDED STATEMENT, EXCLUDING GRAND JURY TESTIMONY,
MADE  BY  A  WITNESS  WHOM THE PROSECUTOR INTENDS TO CALL AT A PRE-TRIAL
HEARING OR AT TRIAL AND WHICH RELATES TO  THE  SUBJECT  MATTER  OF  THAT
WITNESS' PROSPECTIVE TESTIMONY.
  2.  THE  PROSECUTOR SHALL MAKE A PROMPT DILIGENT, GOOD FAITH EFFORT TO
ASCERTAIN THE EXISTENCE OF PROPERTY SUBJECT  TO  DISCLOSURE  UNDER  THIS
SECTION  AND  TO  CAUSE SUCH PROPERTY TO BE MADE AVAILABLE FOR DISCOVERY
WHERE IT EXISTS BUT IS NOT WITHIN THE PROSECUTOR'S  POSSESSION,  CUSTODY
OR  CONTROL;  PROVIDED,  THAT  THE  PROSECUTOR  SHALL NOT BE REQUIRED TO
OBTAIN BY SUBPOENA DUCES TECUM DEMANDED MATERIAL WHICH THE DEFENDANT MAY
THEREBY OBTAIN.
  3. UPON MOTION OF A PARTY IN AN INDIVIDUAL CASE, THE COURT  MAY  ALTER
THE TIME PERIODS FOR DISCOVERY IMPOSED BY THIS ARTICLE UPON A SHOWING OF
GOOD CAUSE.
  § 4. Section 240.30 of the criminal procedure law, as added by chapter
412  of the laws of 1979, subdivision 1 as amended by chapter 558 of the
laws of 1982, and the opening paragraph of subdivision 1 as  amended  by
chapter 317 of the laws of 1983, is amended to read as follows:
§ 240.30  Discovery; [upon demand of] AUTOMATIC DISCLOSURE TO THE prose-
        cutor.
  1. Except to the extent protected by court order OR RIGHT TO REDACTION
PURSUANT  TO THIS ARTICLE, [upon a demand to produce by the prosecutor,]
WITHIN FIFTEEN DAYS OF DISCLOSURE BY THE PROSECUTOR PURSUANT TO  SECTION
240.20  OF THIS ARTICLE, AND PRIOR TO TRIAL, a defendant against whom an
indictment, superior court information, prosecutor's information, infor-
mation, or simplified information  charging  a  misdemeanor  is  pending
shall  disclose  and  make  available TO THE PROSECUTION for inspection,
photographing, copying or testing,  subject  to  constitutional  limita-
tions:
  (a)  any  written report or document, or portion thereof, concerning a
physical or mental  examination,  or  scientific  test,  experiment,  or
comparisons,  made  by or at the request or direction of, the defendant,
if  the defendant intends to introduce such report or document at trial,
or if the defendant has filed a notice of intent to proffer  psychiatric

S. 7505                            30                            A. 9505

evidence  and such report or document relates thereto, or if such report
or document was made by a person, other than defendant,  whom  defendant
intends to call as a witness at trial; [and]
  (b)  any photograph, drawing, tape or other electronic recording which
the defendant intends to introduce at trial[.];
  (C) ALL STATEMENTS, WRITTEN OR RECORDED OR SUMMARIZED IN  ANY  WRITING
OR  RECORDING,  MADE  BY  ALL  PERSONS OTHER THAN THE DEFENDANT WHOM THE
DEFENDANT INTENDS TO CALL AS WITNESSES AT TRIAL OR A PRE-TRIAL  HEARING;
EXCEPT  THAT  DISCLOSURE  OF  SUCH  STATEMENTS MADE BY A PERSON WHOM THE
DEFENDANT INTENDS TO CALL AS A WITNESS FOR THE SOLE PURPOSE OF  IMPEACH-
ING  A  PROSECUTION  WITNESS IS NOT REQUIRED UNTIL AFTER THE PROSECUTION
WITNESS HAS TESTIFIED;
  (D) A SUMMARY OF ALL PROMISES, REWARDS AND INDUCEMENTS MADE TO PERSONS
WHOM THE DEFENDANT INTENDS TO CALL AS WITNESSES AT TRIAL OR A  PRE-TRIAL
HEARING,  AS  WELL  AS  REQUESTS  FOR CONSIDERATION BY SUCH PERSONS, AND
COPIES OF ALL DOCUMENTS RELEVANT TO A PROMISE, REWARD OR INDUCEMENT;
  (E) ALL TANGIBLE PROPERTY, INCLUDING BUT NOT LIMITED TO TAPES OR OTHER
ELECTRONIC RECORDINGS AND PHOTOGRAPHS AND DRAWINGS, THAT  THE  DEFENDANT
INTENDS  TO  INTRODUCE  IN  THE  DEFENDANT'S CASE-IN-CHIEF AT TRIAL OR A
PRE-TRIAL HEARING. IF IN THE EXERCISE OF  REASONABLE  DILIGENCE  COUNSEL
FOR  THE  DEFENDANT  HAS  NOT FORMED AN INTENTION WITHIN THE TIME PERIOD
SPECIFIED IN THIS SECTION THAT AN ITEM UNDER THIS  SUBDIVISION  WILL  BE
INTRODUCED  AT TRIAL OR A PRE-TRIAL HEARING, THAT PERIOD SHALL BE STAYED
WITHOUT NEED FOR A MOTION; BUT THE DISCLOSURE SHALL BE MADE AS  SOON  AS
PRACTICABLE AND SUBJECT TO THE CONTINUING DUTY TO DISCLOSE;
  (F)  ALL  REPORTS AND DOCUMENTS CONCERNING PHYSICAL OR MENTAL EXAMINA-
TIONS, OR SCIENTIFIC TESTS OR  EXPERIMENTS  OR  COMPARISONS,  WHICH  THE
DEFENDANT INTENDS TO INTRODUCE AT TRIAL OR A PRE-TRIAL HEARING, OR WHICH
WERE MADE BY A PERSON WHOM THE DEFENDANT INTENDS TO CALL AS A WITNESS AT
TRIAL OR A PRE-TRIAL HEARING;
  (G)  INTENDED  EXPERT  OPINION  EVIDENCE, INCLUDING THE NAME, BUSINESS
ADDRESS, AND CURRENT CURRICULUM VITAE, WHOM  THE  DEFENDANT  INTENDS  TO
CALL  AS  A  WITNESS  AT  TRIAL  OR A PRE-TRIAL HEARING, AND ALL REPORTS
PREPARED BY THE EXPERT THAT PERTAIN TO THE CASE,  OR  IF  NO  REPORT  IS
PREPARED,  A  WRITTEN  STATEMENT  OF THE FACTS AND OPINIONS TO WHICH THE
EXPERT IS EXPECTED TO TESTIFY AND A SUMMARY  OF  THE  GROUNDS  FOR  EACH
OPINION.  THIS  PARAGRAPH DOES NOT ALTER OR IN ANY WAY AFFECT THE PROCE-
DURES, OBLIGATIONS OR RIGHTS SET FORTH IN SECTION 250.10 OF THIS  TITLE.
IF  IN THE EXERCISE OF REASONABLE DILIGENCE THIS INFORMATION IS UNAVAIL-
ABLE FOR DISCLOSURE WITHIN THE TIME PERIOD SPECIFIED  IN  THIS  SUBDIVI-
SION, THAT PERIOD SHALL BE STAYED WITHOUT NEED FOR A MOTION; EXCEPT THAT
THE  DISCLOSURE  SHALL BE MADE AS SOON AS PRACTICABLE AND NOT LATER THAN
THIRTY CALENDAR DAYS BEFORE A SCHEDULED TRIAL DATE, UNLESS AN  ORDER  IS
OBTAINED.
  2.    The defense shall make a diligent good faith effort to make such
property available for discovery where it exists but the property is not
within its possession, custody or control, provided, that the  defendant
shall not be required to obtain by subpoena duces tecum demanded materi-
al that the prosecutor may thereby obtain.
  § 5. Section 240.35 of the criminal procedure law, as added by chapter
412 of the laws of 1979, is amended to read as follows:
§ 240.35  Discovery; refusal [of demand] TO DISCLOSE.
  Notwithstanding  the provisions of sections 240.20, 240.21, and 240.30
OF THIS ARTICLE, the prosecutor or the defendant, as the  case  may  be,
may  refuse to disclose any information which [he] THAT PARTY reasonably
believes is not discoverable [by  a  demand  to  produce],  pursuant  to

S. 7505                            31                            A. 9505

[section  240.20  or section 240.30 as the case may be,] THIS ARTICLE or
for which [he] THE PARTY reasonably believes a  protective  order  OR  A
RIGHT  TO REDACTION would be warranted.  Such refusal shall be made in a
writing,  which  shall  set forth the grounds of such belief as fully as
possible, consistent with the objective of the  refusal.    The  writing
shall  be  served  upon  the [demanding] OTHER party and a copy shall be
filed with the court.  SUCH REFUSAL SHALL BE MADE  WITHIN  THE  TIME  BY
WHICH  DISCLOSURE  IS  REQUIRED, BUT MAY BE MADE AFTER THAT TIME, AS THE
COURT MAY DETERMINE IS REQUIRED IN THE INTEREST OF JUSTICE.
  § 6. Section 240.40 of the criminal procedure law, as added by chapter
412 of the laws of 1979, subdivision 1 as amended by chapter 19  of  the
laws of 2012, the opening paragraph of subdivision 2 as amended by chap-
ter  317 of the laws of 1983, and the closing paragraph of subdivision 2
as amended by chapter 481 of the laws of 1983, is  amended  to  read  as
follows:
§ 240.40 Discovery; upon court order.
  1.  Upon  [motion]  APPLICATION of a defendant against whom an indict-
ment, superior court information, prosecutor's information, information,
or simplified information charging a misdemeanor is pending,  the  court
in which such accusatory instrument is pending:
  (a)  must  order  discovery  as  to any material not disclosed [upon a
demand] pursuant to section 240.20, if it finds  that  the  prosecutor's
refusal  to disclose such material is not justified; (b) must, unless it
is satisfied that the [people have] PROSECUTOR HAS shown good cause  why
such  an  order should not be issued, order discovery or ISSUE any other
order authorized by subdivision one of section 240.70 as to any material
not disclosed [upon demand] pursuant to section 240.20 where the  prose-
cutor  has  failed to serve a timely written refusal pursuant to section
240.35; (c) may order discovery with  respect  to  any  other  property,
which the people intend to introduce at the trial, upon a showing by the
defendant  that  discovery  with respect to such property is material to
the preparation of his or her defense, and that the request  is  reason-
able;  and  (d)  where  property in the people's possession, custody, or
control  that  consists  of  a  deoxyribonucleic  acid  ("DNA")  profile
obtained  from probative biological material gathered in connection with
the investigation or prosecution of  the  defendant  and  the  defendant
establishes  that  such profile complies with federal bureau of investi-
gation or state requirements,  whichever  are  applicable  and  as  such
requirements  are applied to law enforcement agencies seeking a keyboard
search or similar comparison, and that the data meets  state  DNA  index
system  or  national  DNA  index  system  criteria  as such criteria are
applied to law enforcement agencies seeking such a  keyboard  search  or
similar comparison, the court may order an entity that has access to the
combined  DNA  index  system or its successor system to compare such DNA
profile against DNA databanks by keyboard searches, or a similar  method
that  does  not  involve  uploading, upon notice to both parties and the
entity required to perform the search, upon a showing by  the  defendant
that  such  a  comparison  is material to the presentation of his or her
defense and that the request is reasonable. For purposes of  this  para-
graph,  a "keyboard search" shall mean a search of a DNA profile against
the databank in which the profile that is searched is not uploaded to or
maintained in the databank. Upon granting the motion pursuant  to  para-
graph  (c)  of  this  subdivision,  the  court shall, upon motion of the
people showing such to be material to the preparation of their case  and
that  the  request  is  reasonable,  condition its order of discovery by
further directing discovery by the people of property, of the same  kind

S. 7505                            32                            A. 9505

or  character as that authorized to be inspected by the defendant, which
he or she intends to introduce at the trial.  THE PROSECUTOR MAY  REDACT
ANY  SUCH PROPERTY AND THE COURT MAY REVIEW THAT REDACTION, AS SET FORTH
IN THIS ARTICLE.
  2.  Upon motion of the prosecutor, and subject to constitutional limi-
tation, the court in which an indictment,  superior  court  information,
prosecutor's  information, information, or simplified information charg-
ing a misdemeanor is pending: (a) must order discovery as to any proper-
ty not disclosed [upon a demand] pursuant to section 240.30, if it finds
that the defendant's refusal to disclose such material is not justified;
and (b) may order the defendant  to  provide  non-testimonial  evidence.
Such order may, among other things, require the defendant to:
  (i) Appear in a line-up;
  (ii) Speak for identification by A witness or A potential witness;
  (iii) Be fingerprinted;
  (iv) Pose for photographs not involving reenactment of an event;
  (v)  Permit  the  taking  of samples of blood, hair or other materials
from his OR HER body in a manner not involving an unreasonable intrusion
thereof or a risk of serious physical injury thereto;
  (vi) Provide specimens of his OR HER handwriting;
  (vii) Submit to a reasonable physical or medical inspection of his  OR
HER body.
  This subdivision shall not be construed to limit, expand, or otherwise
affect  the  issuance  of a similar court order, as may be authorized by
law, before the filing of an accusatory instrument consistent with  such
rights  as  the defendant may derive from the constitution of this state
or of the United States. This section shall not be construed to limit or
otherwise affect the [adminstration] ADMINISTRATION of a  chemical  test
where  otherwise authorized pursuant to section one thousand one hundred
ninety-four-a of the vehicle and traffic law.
  3. An order pursuant to this section may be denied, limited or  condi-
tioned as provided in section 240.50 OF THIS ARTICLE.
  § 7. Section 240.43 of the criminal procedure law, as added by chapter
222 of the laws of 1987, is amended to read as follows:
§  240.43  Discovery; disclosure of prior uncharged criminal, vicious or
             immoral acts.
  Upon a request by a defendant, the prosecutor shall notify the defend-
ant of all specific instances of a defendant's prior uncharged criminal,
vicious or immoral conduct of which the  prosecutor  has  knowledge  and
which  the prosecutor intends to use at trial for purposes of impeaching
the credibility of the defendant.  Such notification by  the  prosecutor
shall  be made [immediately prior to the commencement of jury selection,
except that the court may, in its discretion,  order  such  notification
and  make  its  determination  as  to  the admissibility for impeachment
purposes of such conduct within a period of three days, excluding Satur-
days, Sundays and holidays,] FIFTEEN DAYS prior to the  commencement  of
jury selection.
  § 8. The opening paragraph of section 240.44 of the criminal procedure
law,  as added by chapter 558 of the laws of 1982, is amended to read as
follows:
  Subject to a  protective order OR THE RIGHT TO REDACTION,  at  a  pre-
trial  hearing  held in a criminal court at which a witness is called to
testify, each party, at the conclusion of the direct examination of each
of its witnesses, shall, upon request of the other party, make available
to that party to the extent not previously disclosed:

S. 7505                            33                            A. 9505

  § 9. Section 240.45 of the criminal procedure law, as amended by chap-
ter 558 of the laws 1982, paragraph (a) of subdivision 1 as  amended  by
chapter 804 of the laws 1984, is amended to read as follows:
§ 240.45 Discovery; upon trial, of prior statements and criminal history
        of witnesses.
  1.  [After the jury has been sworn and before the prosecutor's opening
address,  or  in the case of a single judge trial after commencement and
before submission of evidence, the] THE prosecutor shall, subject  to  a
protective  order OR RIGHT TO REDACTION, make available to the defendant
FIFTEEN DAYS PRIOR TO THE COMMENCEMENT OF JURY SELECTION:
  (a)  Any written or recorded statement, including any testimony before
a grand jury and an examination videotaped pursuant to section 190.32 of
this chapter, made by a person whom the prosecutor intends to call as  a
witness  at  trial,  and  which  relates  to  the  subject matter of the
witness's testimony;
  (b)  A record of judgment of conviction of a witness the people intend
to call at trial if the record of conviction is known by the  prosecutor
to exist;
  (c)    The  existence of any pending criminal action against a witness
the people intend to call at trial, if the pending  criminal  action  is
known by the prosecutor to exist.
  The provisions of paragraphs (b) and (c) of this subdivision shall not
be  construed  to  require  the  prosecutor  to fingerprint a witness or
otherwise cause the division of criminal justice services or  other  law
enforcement agency or court to issue a report concerning a witness.
  2.  [After  presentation  of  the  people's direct case and before the
presentation of the defendant's direct case, the] THE  defendant  shall,
subject  to  a protective order OR RIGHT TO REDACTION, make available to
the prosecutor WITHIN FIFTEEN DAYS PRIOR TO  THE  COMMENCEMENT  OF  JURY
SELECTION:
  (a)  any written or recorded statement made by a person other than the
defendant whom the defendant intends to call as a witness at the  trial,
and which relates to the subject matter of the witness's testimony;
  (b)  a  record  of judgment of conviction of a witness, other than the
defendant, the defendant intends to call  at  trial  if  the  record  of
conviction is known by the defendant to exist;
  (c)  the  existence  of any pending criminal action against a witness,
other than the defendant, the defendant intends to call at trial, if the
pending criminal action is known by the defendant to exist.
  § 10. Section 240.50 of the criminal procedure law, as added by  chap-
ter  412 of the laws of 1979, subdivision 4 as amended by chapter 348 of
the laws of 1985, is amended to read as follows:
§ 240.50  Discovery; protective orders.
  1. The court in which the criminal action is pending may, upon  motion
of  either  party, or of any affected person, or upon determination of a
motion of either party for an order of discovery, or upon its own initi-
ative, issue a protective order denying, limiting, conditioning,  delay-
ing  or  regulating  discovery  pursuant to this article for good cause,
including constitutional limitations, danger to the integrity  of  phys-
ical  evidence  or  a  substantial  risk of physical harm, intimidation,
economic reprisal, bribery or unjustified annoyance or embarrassment  to
any  person  or  an  adverse  effect  upon  the  legitimate needs of law
enforcement, including the protection of the confidentiality  of  infor-
mants,  OR  DANGER TO ANY PERSON STEMMING FROM FACTORS SUCH AS A DEFEND-
ANT'S GANG AFFILIATION, PRIOR HISTORY OF INTERFERING WITH WITNESSES,  OR
THREATS  OR INTIMIDATING ACTIONS DIRECTED AT POTENTIAL WITNESSES, or any

S. 7505                            34                            A. 9505

other factor or set of factors which outweighs  the  usefulness  of  the
discovery.
  2.  An  order limiting, conditioning, delaying or regulating discovery
may, among other things, require that any  material  copied  or  derived
therefrom  be maintained in the exclusive possession of the attorney for
the discovering party and be used for the exclusive purpose of preparing
for the defense or prosecution of the criminal action.
  3. A motion for a protective order  shall  suspend  discovery  of  the
particular matter in dispute.
  4.  Notwithstanding  any other provision of this article, the personal
residence address of a police officer or correction officer shall not be
required to be disclosed except pursuant to an order issued by  a  court
following a finding of good cause.
  5.  (A)  A  PARTY  THAT  HAS  UNSUCCESSFULLY SOUGHT, OR UNSUCCESSFULLY
OPPOSED THE GRANTING OF, A PROTECTIVE ORDER UNDER THIS SECTION  RELATING
TO  THE NAME, ADDRESS, CONTACT INFORMATION OR STATEMENTS OF A PERSON MAY
OBTAIN EXPEDITED REVIEW OF THAT RULING BY AN INDIVIDUAL JUSTICE  OF  THE
INTERMEDIATE  APPELLATE  COURT  TO  WHICH  AN  APPEAL FROM A JUDGMENT OF
CONVICTION IN THE CASE WOULD BE TAKEN.
  (B) SUCH REVIEW SHALL BE  SOUGHT  WITHIN  TWO  BUSINESS  DAYS  OF  THE
ADVERSE  OR  PARTIALLY ADVERSE RULING, BY ORDER TO SHOW CAUSE FILED WITH
THE INTERMEDIATE APPELLATE COURT. THE ORDER TO SHOW CAUSE SHALL IN ADDI-
TION BE TIMELY SERVED ON THE LOWER COURT AND ON THE OPPOSING PARTY,  AND
SHALL  BE  ACCOMPANIED  BY A SWORN AFFIRMATION STATING IN GOOD FAITH (I)
THAT THE RULING AFFECTS SUBSTANTIAL INTERESTS, AND  (II)  THAT  DILIGENT
EFFORTS  TO  REACH  AN ACCOMMODATION OF THE UNDERLYING DISCOVERY DISPUTE
WITH OPPOSING COUNSEL FAILED OR  THAT  NO  ACCOMMODATION  WAS  FEASIBLE;
EXCEPT  THAT  SERVICE  ON  THE OPPOSING PARTY, AND A STATEMENT REGARDING
EFFORTS TO REACH AN ACCOMMODATION, ARE UNNECESSARY  WHERE  THE  OPPOSING
PARTY  WAS  NOT MADE AWARE OF THE APPLICATION FOR A PROTECTIVE ORDER AND
GOOD CAUSE EXISTS FOR OMITTING SERVICE OF THE ORDER TO SHOW CAUSE ON THE
OPPOSING PARTY. THE LOWER COURT'S  ORDER  SUBJECT  TO  REVIEW  SHALL  BE
STAYED UNTIL THE APPELLATE JUSTICE RENDERS A DECISION.
  (C)  THE  ASSIGNMENT OF THE INDIVIDUAL APPELLATE JUSTICE, AND THE MODE
OF AND PROCEDURE FOR THE REVIEW, ARE DETERMINED BY RULES OF THE INDIVID-
UAL APPELLATE COURTS. THE APPELLATE JUSTICE MAY  CONSIDER  ANY  RELEVANT
AND  RELIABLE  INFORMATION  BEARING  ON THE ISSUE, AND MAY DISPENSE WITH
WRITTEN BRIEFS OTHER THAN SUPPORTING AND OPPOSING  MATERIALS  PREVIOUSLY
SUBMITTED  TO  THE  LOWER COURT. THE APPELLATE JUSTICE MAY DISPENSE WITH
THE ISSUANCE OF A WRITTEN OPINION IN RENDERING HIS OR HER DECISION,  AND
WHEN  PRACTICABLE  SHALL RENDER DECISION EXPEDITIOUSLY.  SUCH REVIEW AND
DECISION SHALL NOT AFFECT THE RIGHT OF  A  DEFENDANT,  IN  A  SUBSEQUENT
APPEAL  FROM  A  JUDGMENT  OF  CONVICTION,  TO CLAIM AS ERROR THE RULING
REVIEWED.
  6. ANY PROTECTIVE ORDER ISSUED UNDER THIS ARTICLE IS A MANDATE OF  THE
COURT  FOR  PURPOSES  OF THE OFFENSE OF CRIMINAL CONTEMPT IN SUBDIVISION
THREE OF SECTION 215.50 OF THE PENAL LAW.
  § 11. The criminal procedure law is amended by adding  a  new  section
240.51 to read as follows:
§ 240.51 DISCOVERY; RIGHT TO REDACTION.
  1.  ANY  PROPERTY,  MATERIAL,  REPORT  OR  STATEMENT  REQUIRED  TO  BE
DISCLOSED UNDER THIS ARTICLE MAY BE REDACTED BY THE PROSECUTOR TO ELIMI-
NATE INFORMATION, THE DISCLOSURE OF WHICH COULD INTERFERE WITH AN  ONGO-
ING INVESTIGATION OR CASE.
  (A)  UPON APPLICATION OF THE DEFENDANT, SUCH REDACTION MAY BE REVIEWED
BY THE COURT AND DISCLOSURE MAY BE ORDERED, UNLESS THE PROSECUTOR DEMON-

S. 7505                            35                            A. 9505

STRATES THAT DISCLOSURE OF THE REDACTED INFORMATION COULD INTERFERE WITH
AN ONGOING INVESTIGATION OR CASE OR DEMONSTRATES THE NEED FOR ANY  OTHER
PROTECTIVE ORDER. UPON APPLICATION BY EITHER PARTY, THE COURT MAY REVIEW
ANY  SUCH  REDACTION IN AN EX PARTE, IN CAMERA, PROCEEDING. IN ASSESSING
WHETHER THE PROSECUTOR DEMONSTRATES  THAT  DISCLOSURE  OF  THE  REDACTED
INFORMATION  COULD  INTERFERE WITH AN ONGOING INVESTIGATION OR CASE, THE
COURT MAY CONSIDER:
  (I) THE PENDING CHARGES AGAINST DEFENDANT;
  (II) DEFENDANT'S CHARACTER, REPUTATION;
  (III) DEFENDANT'S CRIMINAL RECORD, IF ANY;
  (IV) DEFENDANT'S RECORD OF PREVIOUS ADJUDICATION AS A JUVENILE  DELIN-
QUENT,  AS  RETAINED  PURSUANT TO SECTION 354.2 OF THE FAMILY COURT ACT,
OR, OF PENDING CASES WHERE FINGERPRINTS ARE RETAINED PURSUANT TO SECTION
306.1 OF SUCH ACT, OR A YOUTHFUL OFFENDER, IF ANY;
  (V) WHERE THE DEFENDANT IS CHARGED WITH A CRIME OR  CRIMES  AGAINST  A
MEMBER  OR  MEMBERS  OF  THE  SAME  FAMILY  OR HOUSEHOLD AS THAT TERM IS
DEFINED IN SUBDIVISION ONE  OF  SECTION  530.11  OF  THIS  CHAPTER,  THE
FOLLOWING FACTORS:
  (A)  ANY  VIOLATION  BY  THE  DEFENDANT OF AN ORDER OF PROTECTION OF A
MEMBER OR MEMBERS OF THE SAME  FAMILY  OR  HOUSEHOLD  AS  THAT  TERM  IS
DEFINED IN SUBDIVISION ONE OF SECTION 530.11 OF THIS CHAPTER, WHETHER OR
NOT SUCH ORDER OF PROTECTION IS CURRENTLY IN EFFECT; AND
  (B) THE DEFENDANT'S HISTORY OF USE OR POSSESSION OF A FIREARM;
  (VI)  THE  WEIGHT OF THE EVIDENCE AGAINST THE DEFENDANT IN THE PENDING
CRIMINAL ACTION AND ANY OTHER FACTOR INDICATING PROBABILITY OR  IMPROBA-
BILITY OF CONVICTION;
  (VII) THE SENTENCE WHICH MAY BE OR HAS BEEN IMPOSED UPON CONVICTION;
  (VIII) WITNESS' DESIRE TO HAVE IDENTITY REMAIN CONFIDENTIAL;
  (IX) WITNESS' ROLE IN THE PROCEEDING;
  (X) PUBLIC SAFETY;
  (XI)  DEFENDANT'S  AFFILIATION  WITH  ANY  GANGS  OR ORGANIZATIONS AND
WHETHER THE GANG OR ORGANIZATION HAS ANY  HISTORY  OF  INTERFERING  WITH
WITNESSES OR INTIMIDATING WITNESSES;
  (XII)  ANY  HISTORY  OF DEFENDANT, OR THOSE AFFILIATED WITH DEFENDANT,
INTERFERING WITH WITNESSES OR INTIMIDATING WITNESSES; AND
  (XIII) DEFENDANT'S CONSTITUTIONAL RIGHT UNDER  BOTH  THE  FEDERAL  AND
STATE CONSTITUTION TO PRESENT A DEFENSE.
  (B)  ANY REPORT THAT IS REDACTED PURSUANT TO THIS SUBDIVISION SHALL SO
INDICATE, UNLESS THE COURT ORDERS OTHERWISE, IN THE INTEREST OF  JUSTICE
FOR GOOD CAUSE SHOWN, INCLUDING THE PROTECTION OF WITNESSES OR MAINTAIN-
ING THE CONFIDENTIALITY OF AN ONGOING INVESTIGATION.
  (C)  ANY  PROPERTY,  MATERIAL,  REPORT  OR  STATEMENT  REQUIRED  TO BE
DISCLOSED UNDER THIS ARTICLE MAY BE REDACTED BY THE PROSECUTOR TO ELIMI-
NATE THE NAME, ADDRESS, OR ANY OTHER INFORMATION THAT SERVES TO IDENTIFY
WITH PARTICULARITY A PERSON SUPPLYING INFORMATION RELATING TO THE CRIMI-
NAL ACTION OR PROCEEDING AGAINST THE DEFENDANT.
  2. NOTHING IN THIS SECTION SHALL BE CONSTRUED TO CREATE, LIMIT, EXPAND
OR IN ANY WAY AFFECT ANY AUTHORITY THAT THE COURT OTHERWISE MAY HAVE  TO
ORDER PRE-TRIAL DISCLOSURE OF THE IDENTITY OR ADDRESS OF A WITNESS.
  3.  UPON  MOTION OF A PARTY IN AN INDIVIDUAL CASE, THE COURT MAY ALTER
THE TIME PERIODS FOR DISCOVERY IMPOSED BY THIS ARTICLE UPON A SHOWING OF
GOOD CAUSE.
  § 12. Section 240.60 of the criminal procedure law, as added by  chap-
ter 412 of the laws of 1979, is amended to read as follows:
§ 240.60 Discovery; continuing duty to disclose.

S. 7505                            36                            A. 9505

  If,  after  complying  with the provisions of this article or an order
pursuant thereto, a party finds, either before or  during  trial,  addi-
tional  material subject to discovery or covered by such order, [he] THE
PARTY shall promptly MAKE DISCLOSURE OF SUCH MATERIAL  AND  comply  with
[the  demand or order, refuse to comply with the demand where refusal is
authorized] THIS ARTICLE, or apply for a protective order.
  § 13. Subdivision 1 of section 240.70 of the criminal  procedure  law,
as  added  by  chapter  412  of  the laws of 1979, is amended to read as
follows:
  1. If, during the course of discovery  proceedings,  the  court  finds
that  a  party  has  failed to comply with any of the provisions of this
article, the court may order such party to permit discovery of the prop-
erty not previously disclosed, grant a continuance, issue  a  protective
order,  GRANT  AN  ADVERSE  INFERENCE  INSTRUCTION TO THE TRIER OF FACT,
prohibit the introduction of certain evidence or the calling of  certain
witnesses or take any other appropriate action.
  § 14. Section 240.80 of the criminal procedure law is REPEALED.
  §  15. The penal law is amended by adding a new section 215.07 to read
as follows:
§ 215.07 TAMPERING WITH OR INTIMIDATING  A  VICTIM  OR  WITNESS  THROUGH
           SOCIAL MEDIA.
  1.  A  PERSON  IS GUILTY OF TAMPERING WITH OR INTIMIDATING A VICTIM OR
WITNESS THROUGH SOCIAL MEDIA WHEN HE OR SHE DISSEMINATES INFORMATION  ON
SOCIAL MEDIA WITH THE INTENT TO INDUCE A WITNESS OR VICTIM:
  (A)  TO  ABSENT HIMSELF OR HERSELF FROM, OR OTHERWISE TO AVOID OR SEEK
TO AVOID APPEARING AT, PRODUCING RECORDS, DOCUMENTS OR OTHER OBJECTS FOR
USE AT, OR TESTIFYING AT A CRIMINAL ACTION OR PROCEEDING; OR
  (B) REFRAIN FROM COMMUNICATING INFORMATION OR PRODUCING RECORDS, DOCU-
MENTS OR OTHER OBJECTS TO ANY  COURT,  GRAND  JURY,  PROSECUTOR,  POLICE
OFFICER OR PEACE OFFICER CONCERNING A CRIMINAL TRANSACTION.
  2. SOCIAL MEDIA INCLUDES, BUT IS NOT LIMITED TO FORMS OF COMMUNICATION
THROUGH  WHICH USERS PARTICIPATE IN ONLINE COMMUNITIES TO SHARE INFORMA-
TION, IDEAS, PERSONAL MESSAGES, AND OTHER CONTENT.
  TAMPERING WITH OR INTIMIDATING A  VICTIM  OR  WITNESS  THROUGH  SOCIAL
MEDIA IS A CLASS A MISDEMEANOR.
  §  16.  Section  215.10  of the penal law, the section heading and the
closing paragraph as amended by chapter 664 of  the  laws  of  1982,  is
amended to read as follows:
§ 215.10 Tampering with a witness in the [fourth] FIFTH degree.
  A  person  is  guilty  of tampering with a witness IN THE FIFTH DEGREE
when, knowing that a person [is or is about  to]  MAY  be  called  as  a
witness  in an action or proceeding, (a) he OR SHE wrongfully induces or
attempts to induce such person to absent himself  OR  HERSELF  from,  or
otherwise  to  avoid  or  seek to avoid appearing AT, PRODUCING RECORDS,
DOCUMENTS OR OTHER OBJECTS FOR USE AT or testifying at, such  action  or
proceeding,  or  (b)  he  OR  SHE knowingly makes any false statement or
practices any fraud or deceit with intent to  affect  the  testimony  of
such person.
  Tampering  with  a  witness  in the [fourth] FIFTH degree is a class A
misdemeanor.
  § 17. Section 215.11 of the penal law, as added by chapter 664 of  the
laws of 1982, is amended to read as follows:
§ 215.11 Tampering with a witness in the [third] FOURTH degree.
  A  person  is guilty of tampering with a witness in the [third] FOURTH
degree when, knowing that a person [is about to]  MAY  be  called  as  a
witness in a criminal proceeding:

S. 7505                            37                            A. 9505

  1.  He  OR SHE wrongfully compels or attempts to compel such person to
absent himself from, or otherwise to avoid or seek  to  avoid  appearing
AT, PRODUCING RECORDS, DOCUMENTS OR OTHER OBJECTS FOR USE AT or testify-
ing  at such proceeding by means of instilling in him OR HER a fear that
the  actor  will cause physical injury to such person or another person;
or
  2. He OR SHE wrongfully compels or attempts to compel such  person  to
swear  falsely OR ALTER, DESTROY, MUTILATE OR CONCEAL AN OBJECT WITH THE
INTENT TO IMPAIR THE INTEGRITY OR AVAILABILITY OF THE OBJECT FOR USE  IN
THE  ACTION  OR  PROCEEDING  by means of instilling in him OR HER a fear
that the actor will cause physical injury  to  such  person  or  another
person.
  Tampering  with  a  witness  in the [third] FOURTH degree is a class E
felony.
  § 18. Section 215.12 of the penal law, as added by chapter 664 of  the
laws of 1982, is amended to read as follows:
§ 215.12 Tampering with a witness in the [second] THIRD degree.
  A  person  is guilty of tampering with a witness in the [second] THIRD
degree when he OR SHE:
  1. Intentionally causes OR ATTEMPTS TO  CAUSE  physical  injury  to  a
person  for the purpose of obstructing, delaying, preventing or impeding
the giving of testimony in a  criminal  proceeding  by  such  person  or
another  person  or for the purpose of compelling such person or another
person to swear falsely OR ALTER, DESTROY, MUTILATE OR CONCEAL AN OBJECT
WITH THE INTENT TO IMPAIR THE INTEGRITY OR AVAILABILITY  OF  THE  OBJECT
FOR USE IN THE ACTION OR PROCEEDING; or
  2.  [He intentionally] INTENTIONALLY causes OR ATTEMPTS TO CAUSE phys-
ical injury to a person on account of  such  person  or  another  person
having testified in a criminal proceeding OR PRODUCED RECORDS, DOCUMENTS
OR OTHER OBJECTS FOR USE IN A CRIMINAL PROCEEDING.
  Tampering  with  a  witness  in the [second] THIRD degree is a class D
felony.
  § 19. Section 215.13 of the penal law, as added by chapter 664 of  the
laws of 1982, is amended to read as follows:
§ 215.13 Tampering with a witness in the [first] SECOND degree.
  A  person  is guilty of tampering with a witness in the [first] SECOND
degree when:
  1. He OR SHE intentionally causes OR ATTEMPTS TO CAUSE  serious  phys-
ical  injury  to  a  person  for  the  purpose of obstructing, delaying,
preventing or impeding the giving of testimony in a criminal  proceeding
by  such  person or another person or for the purpose of compelling such
person or another person to swear falsely OR ALTER, DESTROY, MUTILATE OR
CONCEAL AN OBJECT WITH THE INTENT TO IMPAIR THE INTEGRITY OR AVAILABILI-
TY OF THE OBJECT FOR USE IN THE ACTION OR PROCEEDING; or
  2. He OR SHE intentionally causes OR ATTEMPTS TO CAUSE  serious  phys-
ical  injury  to  a  person  on account of such person or another person
having testified in a criminal proceeding OR PRODUCED RECORDS, DOCUMENTS
OR OTHER OBJECTS FOR USE IN A CRIMINAL PROCEEDING.
  Tampering with a witness in the [first] SECOND degree  is  a  class  B
felony.
  §  20.  The  penal  law is amended by adding a new section 215.13-a to
read as follows:
§ 215.13-A TAMPERING WITH A WITNESS IN THE FIRST DEGREE.
  A PERSON IS GUILTY OF TAMPERING WITH A WITNESS  IN  THE  FIRST  DEGREE
WHEN:

S. 7505                            38                            A. 9505

  1.  HE OR SHE INTENTIONALLY CAUSES OR ATTEMPTS TO CAUSE THE DEATH OF A
PERSON FOR THE PURPOSE OF OBSTRUCTING, DELAYING, PREVENTING OR  IMPEDING
THE  GIVING  OF  TESTIMONY  IN  A  CRIMINAL PROCEEDING BY SUCH PERSON OR
ANOTHER PERSON OR FOR THE PURPOSE OF COMPELLING SUCH PERSON  OR  ANOTHER
PERSON TO SWEAR FALSELY OR ALTER, DESTROY, MUTILATE OR CONCEAL AN OBJECT
WITH  THE  INTENT  TO IMPAIR THE INTEGRITY OR AVAILABILITY OF THE OBJECT
FOR USE IN THE ACTION OR PROCEEDING; OR
  2. HE OR SHE INTENTIONALLY CAUSES OR ATTEMPTS TO CAUSE THE DEATH OF  A
PERSON ON ACCOUNT OF SUCH PERSON OR ANOTHER PERSON HAVING TESTIFIED IN A
CRIMINAL  PROCEEDING OR PRODUCED RECORDS, DOCUMENTS OR OTHER OBJECTS FOR
USE IN A CRIMINAL PROCEEDING.
  TAMPERING WITH A WITNESS IN THE FIRST DEGREE IS A CLASS A-I FELONY.
  § 21. Section 215.15 of the penal law, as added by chapter 667 of  the
laws of 1985, is amended to read as follows:
§ 215.15 Intimidating a victim or witness in the [third] FOURTH degree.
  A  person is guilty of intimidating a victim or witness in the [third]
FOURTH degree when, knowing that another  person  possesses  information
RECORDS,  DOCUMENTS  OR OTHER OBJECTS relating to a criminal transaction
and other than in the course of that criminal transaction  or  immediate
flight therefrom, he OR SHE:
  1.  Wrongfully  compels  or  attempts  to  compel such other person to
refrain from communicating such information OR PRODUCING RECORDS,  DOCU-
MENTS OR OBJECTS to any court, grand jury, prosecutor, police officer or
peace  officer  by means of instilling in him a fear that the actor will
cause physical injury to such other person or another person; or
  2. Intentionally damages the property of such other person or  another
person for the purpose of compelling such other person or another person
to  refrain  from  communicating INFORMATION OR PRODUCING RECORDS, DOCU-
MENTS OR OTHER OBJECTS, or on account of such other  person  or  another
person having communicated[,] information OR PRODUCED RECORDS, DOCUMENTS
OR  OTHER  OBJECTS,  relating to that criminal transaction to any court,
grand jury, prosecutor, police officer or peace officer; OR
  3. INTENTIONALLY DISTRIBUTES OR POSTS THROUGH THE INTERNET  OR  SOCIAL
MEDIA,  INCLUDING  ANY FORM OF COMMUNICATION THROUGH WHICH USERS PARTIC-
IPATE IN  ONLINE  COMMUNITIES  TO  SHARE  INFORMATION,  IDEAS,  PERSONAL
MESSAGES  AND  OTHER  CONTENT,  COPIES OF A VICTIM OR WITNESS STATEMENT,
INCLUDING BUT NOT LIMITED TO TRANSCRIPTS OF GRAND JURY  TESTIMONY  OR  A
WRITTEN  STATEMENT GIVEN BY THE VICTIM OR WITNESS DURING THE COURSE OF A
CRIMINAL INVESTIGATION OR PROCEEDING, OR A VISUAL IMAGE OF A  VICTIM  OR
WITNESS  OR  ANY OTHER PERSON, FOR THE PURPOSE OF COMPELLING A PERSON TO
REFRAIN FROM COMMUNICATING, OR ON ACCOUNT OF  SUCH  VICTIM,  WITNESS  OR
ANOTHER  PERSON HAVING COMMUNICATED, INFORMATION RELATING TO THAT CRIMI-
NAL TRANSACTION TO ANY COURT, GRAND JURY, PROSECUTOR, POLICE OFFICER  OR
PEACE OFFICER.
  Intimidating  a  victim  or  witness in the [third] FOURTH degree is a
class E felony.
  § 22. Section 215.16 of the penal law, as added by chapter 667 of  the
laws of 1985, is amended to read as follows:
§ 215.16 Intimidating a victim or witness in the [second] THIRD degree.
  A person is guilty of intimidating a victim or witness in the [second]
THIRD degree when, other than in the course of that criminal transaction
or immediate flight therefrom, he OR SHE:
  1. Intentionally causes OR ATTEMPTS TO CAUSE physical injury to anoth-
er person for the purpose of obstructing, delaying, preventing or imped-
ing the communication by such other person or another person of informa-
tion  OR  THE PRODUCTION OF RECORDS, DOCUMENTS OR OTHER OBJECTS relating

S. 7505                            39                            A. 9505

to a criminal transaction to any court, grand jury,  prosecutor,  police
officer  or  peace  officer  or for the purpose of compelling such other
person or another person to swear falsely; or
  2. Intentionally causes OR ATTEMPTS TO CAUSE physical injury to anoth-
er  person  on  account  of  such  other person or another person having
communicated information OR PRODUCED RECORDS, DOCUMENTS OR OTHER OBJECTS
relating to a criminal transaction to any court, grand jury, prosecutor,
police officer or peace officer; or
  3. Recklessly causes physical  injury  to  another  person  by  inten-
tionally  damaging  the property of such other person or another person,
for the purpose of obstructing, delaying, preventing  or  impeding  such
other  person or another person from communicating OR PRODUCING RECORDS,
DOCUMENTS OR OTHER OBJECTS, or on account of such other person or anoth-
er person having communicated[,] information OR PRODUCED RECORDS,  DOCU-
MENTS OR OTHER OBJECTS, relating to a criminal transaction to any court,
grand jury, prosecutor, police officer or peace officer.
  Intimidating  a  victim  or  witness in the [second] THIRD degree is a
class D felony.
  § 23. Section 215.17 of the penal law, as added by chapter 667 of  the
laws of 1985, is amended to read as follows:
§ 215.17 Intimidating a victim or witness in the [first] SECOND degree.
  A  person is guilty of intimidating a victim or witness in the [first]
SECOND degree when, other than in the course  of  that  criminal  trans-
action or immediate flight therefrom, he OR SHE:
  1.  Intentionally  causes OR ATTEMPTS TO CAUSE serious physical injury
to another person for the purpose of obstructing,  delaying,  preventing
or  impeding the communication by such other person or another person of
information OR THE PRODUCTION OF RECORDS,  DOCUMENTS  OR  OTHER  OBJECTS
relating to a criminal transaction to any court, grand jury, prosecutor,
police  officer  or  peace officer or for the purpose of compelling such
other person or another person to swear falsely; or
  2. Intentionally causes OR ATTEMPTS TO CAUSE serious  physical  injury
to  another  person  on  account  of such other person or another person
having communicated information OR PRODUCED RECORDS, DOCUMENTS OR  OTHER
OBJECTS  relating  to  a  criminal transaction to any court, grand jury,
prosecutor, police officer or peace officer.
  Intimidating a victim or witness in the [first]  SECOND  degree  is  a
class B felony.
  §  24. The penal law is amended by adding a new section 215.18 to read
as follows:
§ 215.18 INTIMIDATING A VICTIM OR WITNESS IN THE FIRST DEGREE.
  A PERSON IS GUILTY OF INTIMIDATING A VICTIM OR WITNESS  IN  THE  FIRST
DEGREE  WHEN,  OTHER  THAN IN THE COURSE OF THAT CRIMINAL TRANSACTION OR
IMMEDIATE FLIGHT THEREFROM, HE OR SHE:
  1. INTENTIONALLY CAUSES OR ATTEMPTS TO  CAUSE  THE  DEATH  OF  ANOTHER
PERSON  FOR THE PURPOSE OF OBSTRUCTING, DELAYING, PREVENTING OR IMPEDING
THE COMMUNICATION BY SUCH OTHER PERSON OR ANOTHER PERSON OF  INFORMATION
OR  THE  PRODUCTION OF RECORDS, DOCUMENTS OR OTHER OBJECTS RELATING TO A
CRIMINAL TRANSACTION TO ANY COURT, GRAND JURY, PROSECUTOR, POLICE  OFFI-
CER  OR PEACE OFFICER OR FOR THE PURPOSE OF COMPELLING SUCH OTHER PERSON
OR ANOTHER PERSON TO SWEAR FALSELY; OR
  2. INTENTIONALLY CAUSES OR ATTEMPTS TO  CAUSE  THE  DEATH  OF  ANOTHER
PERSON ON ACCOUNT OF SUCH OTHER PERSON OR ANOTHER PERSON HAVING COMMUNI-
CATED  INFORMATION  OR  PRODUCED  RECORDS,  DOCUMENTS  OR OTHER OBJECTS,
RELATING TO A CRIMINAL TRANSACTION TO ANY COURT, GRAND JURY, PROSECUTOR,
POLICE OFFICER OR PEACE OFFICER.

S. 7505                            40                            A. 9505

  INTIMIDATING A VICTIM OR WITNESS IN THE FIRST DEGREE IS  A  CLASS  A-I
FELONY.
  §  25.  The  opening  paragraph  of  paragraph (b) of subdivision 1 of
section 440.30 of the criminal procedure law, as added by chapter 19  of
the laws of 2012, is amended to read as follows:
  In  conjunction with the filing or consideration of a motion to vacate
a judgment pursuant to section 440.10 of this  article  by  a  defendant
convicted after a trial, in cases where the court has ordered an eviden-
tiary  hearing  upon  such  motion,  the court may order that the people
produce or make available for inspection property, as defined in  subdi-
vision  [three]  TWO  of section 240.10 of this part, in its possession,
custody, or control that was secured in  connection  with  the  investi-
gation  or prosecution of the defendant upon credible allegations by the
defendant and a finding by the court that such  property,  if  obtained,
would be probative to the determination of defendant's actual innocence,
and that the request is reasonable. The court shall deny or limit such a
request  upon  a finding that such a request, if granted, would threaten
the integrity or chain of custody of property or the  integrity  of  the
processes  or  functions  of a laboratory conducting DNA testing, pose a
risk of harm, intimidation, embarrassment, reprisal, or  other  substan-
tially  negative  consequences to any person, undermine the proper func-
tions of law enforcement including the confidentiality of informants, or
on the basis of any other factor identified by the court in  the  inter-
ests  of  justice  or public safety. The court shall further ensure that
any property produced pursuant to this paragraph is subject to a protec-
tive order, where appropriate. The court shall  deny  any  request  made
pursuant to this paragraph where:
  § 26. Paragraph (a) of subdivision 2 of section 530.60 of the criminal
procedure law, as amended by chapter 794 of the laws of 1986, is amended
to read as follows:
  (a)  Whenever  in  the  course  of  a  criminal action or proceeding a
defendant charged with the commission of a felony is  at  liberty  as  a
result of an order of recognizance or bail issued pursuant to this arti-
cle  it  shall  be  grounds for revoking such order that the court finds
reasonable cause to believe the defendant committed one or  more  speci-
fied  class  A  or  violent  felony  offenses or intimidated a victim or
witness in violation of sections 215.15, 215.16 [or], 215.17  OR  215.18
of  the penal law while at liberty. Before revoking an order of recogni-
zance or bail pursuant to this subdivision, the court must hold a  hear-
ing  and  shall  receive  any  relevant, admissible evidence not legally
privileged. The defendant may cross-examine witnesses  and  may  present
relevant,  admissible  evidence  on  his own behalf. Such hearing may be
consolidated with, and conducted at the same time as, a  felony  hearing
conducted  pursuant  to  article  one  hundred eighty of this chapter. A
transcript of testimony taken before the grand jury upon presentation of
the subsequent offense shall be admissible as evidence during the  hear-
ing.    The district attorney may move to introduce grand jury testimony
of a witness in lieu of that witness' appearance at the hearing.
  § 27. Paragraph (c) of subdivision 2 of section 646-a of the executive
law, as added by chapter 67 of the laws of 1994, is amended to  read  as
follows:
  (c)  the rights of crime victims to be protected from intimidation and
to have  the  court,  where  appropriate,  issue  protective  orders  as
provided in sections 530.12 and 530.13 of the criminal procedure law and
sections 215.15, 215.16 [and], 215.17 AND 215.18 of the penal law;

S. 7505                            41                            A. 9505

  §  28.  Paragraph  (a)  of subdivision 1 of section 70.02 of the penal
law, as amended by chapter 368 of the laws of 2015, is amended  to  read
as follows:
  (a)  Class  B  violent felony offenses: an attempt to commit the class
A-I felonies of murder in  the  second  degree  as  defined  in  section
125.25, kidnapping in the first degree as defined in section 135.25, and
arson  in the first degree as defined in section 150.20; manslaughter in
the first degree as defined in section 125.20,  aggravated  manslaughter
in  the  first  degree  as  defined in section 125.22, rape in the first
degree as defined in section 130.35, criminal sexual act  in  the  first
degree  as  defined  in  section  130.50, aggravated sexual abuse in the
first degree as defined in section  130.70,  course  of  sexual  conduct
against  a  child  in  the  first  degree  as defined in section 130.75;
assault in the first degree as defined in section 120.10, kidnapping  in
the  second  degree  as defined in section 135.20, burglary in the first
degree as defined in section 140.30,  arson  in  the  second  degree  as
defined  in  section  150.15,  robbery in the first degree as defined in
section 160.15, sex trafficking as defined in paragraphs (a) and (b)  of
subdivision  five  of  section  230.34,  incest  in  the first degree as
defined in section 255.27, criminal possession of a weapon in the  first
degree  as  defined  in section 265.04, criminal use of a firearm in the
first degree as defined in section 265.09, criminal sale of a firearm in
the first degree as defined in section 265.13, aggravated assault upon a
police officer or a peace officer as defined  in  section  120.11,  gang
assault in the first degree as defined in section 120.07, intimidating a
victim  or  witness  in  the [first] SECOND degree as defined in section
215.17, hindering prosecution  of  terrorism  in  the  first  degree  as
defined  in  section 490.35, criminal possession of a chemical weapon or
biological weapon in the second degree as defined in section 490.40, and
criminal use of a chemical weapon or  biological  weapon  in  the  third
degree as defined in section 490.47.
  §  29.  This  act  shall  take  effect  on  the first of November next
succeeding the date on which it shall have become a law.

                                 PART E

  Section 1. Subdivisions 4-a, 4-b, 9 and 10  of  section  1310  of  the
civil practice law and rules are REPEALED.
  §  2.  Subdivision  8  of  section  1310 of the civil practice law and
rules, as added by chapter 669 of the laws of 1984, is amended  to  read
as follows:
  8.  "Defendant"  means  a  person  against whom a forfeiture action is
commenced [and includes  a  "criminal  defendant"  and  a  "non-criminal
defendant"].
  §  3.  Subdivision  3-a  of section 1311 of the civil practice law and
rules is REPEALED.
  § 4. Subdivisions 1, 3, 4, 4-a and 8 of  section  1311  of  the  civil
practice  law  and rules, subdivisions 1, 3, 4 and 8 as added by chapter
669 of the laws of 1984, the  opening  paragraph  of  subdivision  1  as
amended and subparagraph (v) of paragraph (b) and paragraphs (d) and (e)
of subdivision 3 and subdivision 4-a as added by chapter 655 of the laws
of 1990, are amended to read as follows:
  1. A civil action may be commenced by the appropriate claiming author-
ity against a [criminal] defendant to recover the property which consti-
tutes  the  proceeds of a crime, the substituted proceeds of a crime, an
instrumentality of a crime or the real  property  instrumentality  of  a

S. 7505                            42                            A. 9505

crime or to recover a money judgment in an amount equivalent in value to
the  property which constitutes the proceeds of a crime, the substituted
proceeds of a crime, an instrumentality of a crime, or the real property
instrumentality  of a crime.  [A civil action may be commenced against a
non-criminal defendant to recover the  property  which  constitutes  the
proceeds  of a crime, the substituted proceeds of a crime, an instrumen-
tality of a crime, or the  real  property  instrumentality  of  a  crime
provided,  however, that a judgment of forfeiture predicated upon clause
(A) of subparagraph (iv) of paragraph (b) of  subdivision  three  hereof
shall be limited to the amount of the proceeds of the crime.] Any action
under this article must be commenced within five years of the commission
of the crime and shall be civil, remedial, and in personam in nature and
shall  not  be  deemed  to  be  a penalty or criminal forfeiture for any
purpose.  Except  as  otherwise  specially  provided  by  statute,   the
proceedings  under  this  article  shall be governed by this chapter. An
action under this article is not a criminal proceeding and  may  not  be
deemed  to be a previous prosecution under article forty of the criminal
procedure law.
  [(a) Actions relating to post-conviction forfeiture crimes. An  action
relating  to  a post-conviction forfeiture crime must be grounded upon a
conviction of a felony defined in subdivision five of section one  thou-
sand  three hundred ten of this article, or upon criminal activity aris-
ing from a common scheme or plan of which such a conviction is  a  part,
or  upon a count of an indictment or information alleging a felony which
was dismissed at the time of a plea of guilty to a felony  in  satisfac-
tion  of  such  count.]  A  court  may  not  grant forfeiture until such
conviction has occurred. However, an action  may  be  commenced,  and  a
court  may grant a provisional remedy provided under this article, prior
to such conviction having occurred.   ANY PROPERTY  SEIZED  PURSUANT  TO
THIS  SUBDIVISION  SHALL  BE  RETURNED  TO THE DEFENDANT IF THE CRIMINAL
ACTION DOES NOT TERMINATE IN THE DEFENDANT'S CONVICTION FOR A CRIME.  An
action  under  this  paragraph must be dismissed at any time after sixty
days of the commencement of the action unless the conviction upon  which
the  action  is  grounded  has occurred, or an indictment or information
upon which the asserted conviction is to be based is pending in a  supe-
rior  court.  An  action under this paragraph shall be stayed during the
pendency of a criminal action which is related to it; provided, however,
that such stay shall not prevent the  granting  or  continuance  of  any
provisional  remedy  provided under this article or any other provisions
of law.
  [(b) Actions relating to pre-conviction forfeiture crimes.  An  action
relating  to a pre-conviction forfeiture crime need not be grounded upon
conviction of a pre-conviction forfeiture crime, provided, however, that
if the action is not grounded upon such a conviction, it shall be neces-
sary in the action for the claiming authority to prove the commission of
a pre-conviction forfeiture crime by clear and convincing  evidence.  An
action  under  this  paragraph  shall be stayed during the pendency of a
criminal action which is related to it; provided, that upon motion of  a
defendant  in  the  forfeiture action or the claiming authority, a court
may, in the interest of justice and for good cause, and with the consent
of all parties, order that the forfeiture  action  proceed  despite  the
pending  criminal  action; and provided that such stay shall not prevent
the granting or continuance of any  provisional  remedy  provided  under
this article or any other provision of law.]
  3.  In  a  forfeiture  action  pursuant  to this article the following
burdens of proof shall apply:

S. 7505                            43                            A. 9505

  (a) In a forfeiture action [commenced by a claiming authority  against
a  criminal  defendant,  except for those facts referred to in paragraph
(b) of subdivision nine of section one thousand three  hundred  ten  and
paragaph  (b) of subdivision one of this section which must be proven by
clear  and  convincing  evidence,] the burden shall be upon the claiming
authority to prove by a preponderance of the evidence the  facts  neces-
sary to establish a claim for forfeiture.
  (b)  [In a forfeiture action commenced by a claiming authority against
a non-criminal defendant:
  (i) in an action relating to a pre-conviction  forfeiture  crime,  the
burden  shall  be  upon  the  claiming  authority  to prove by clear and
convincing evidence the commission of the crime by a  person,  provided,
however,  that  it  shall not be necessary to prove the identity of such
person.
  (ii) if the action relates to the  proceeds  of  a  crime,  except  as
provided in subparagraph (i) hereof, the burden shall be upon the claim-
ing  authority  to  prove  by  a preponderance of the evidence the facts
necessary to establish a claim for forfeiture and that the  non-criminal
defendant  either  (A)  knew or should have known that the proceeds were
obtained through the commission of a crime, or (B) fraudulently obtained
his or her interest in the proceeds to avoid forfeiture.
  (iii) if the action relates to the substituted proceeds  of  a  crime,
except  as provided in subparagraph (i) hereof, the burden shall be upon
the claiming authority to prove by a preponderance of the  evidence  the
facts  necessary  to  establish a claim for forfeiture and that the non-
criminal defendant either (A) knew that the property sold  or  exchanged
to  obtain  an interest in the substituted proceeds was obtained through
the commission of a crime, or  (B)  fraudulently  obtained  his  or  her
interest in the substituted proceeds to avoid forfeiture.
  (iv) if the action relates to an instrumentality of a crime, except as
provided  for  in  subparagraph (i) hereof, the burden shall be upon the
claiming authority to prove by a preponderance of the evidence the facts
necessary to establish a claim for forfeiture and that the  non-criminal
defendant  either (A) knew that the instrumentality was or would be used
in the commission of a crime or (B) knowingly obtained his or her inter-
est in the instrumentality to avoid forfeiture.
  (v) if the action relates to a  real  property  instrumentality  of  a
crime,  the  burden  shall be upon the claiming authority to prove those
facts referred to in subdivision four-b of section thirteen hundred  ten
of this article by clear and convincing evidence. The claiming authority
shall  also prove by a clear and convincing evidence that the non-crimi-
nal defendant knew that such property was  or  would  be  used  for  the
commission  of  specified  felony offenses, and either (A) knowingly and
unlawfully benefitted from such conduct or (B) voluntarily agreed to the
use of such property for the commission  of  such  offenses  by  consent
freely  given. For purposes of this subparagraph, a non-criminal defend-
ant knowingly and unlawfully benefits from the commission of a specified
felony offense when he derives in exchange for  permitting  the  use  or
occupancy  of  such real property by a person or persons committing such
specified offense a substantial benefit that would otherwise not  accrue
as a result of the lawful use or occupancy of such real property. "Bene-
fit"  means benefit as defined in subdivision seventeen of section 10.00
of the penal law.
  (c) In a forfeiture action commenced by a claiming authority against a
non-criminal  defendant  the  following  rebuttable  presumptions  shall
apply:

S. 7505                            44                            A. 9505

  (i)  a  non-criminal  defendant who did not pay fair consideration for
the proceeds of a crime, the substituted proceeds  of  a  crime  or  the
instrumentality  of a crime shall be presumed to know that such property
was the proceeds of a crime, the substituted proceeds of a crime, or  an
instrumentality of a crime.
  (ii)  a non-criminal defendant who obtains an interest in the proceeds
of a crime, substituted proceeds of a crime or an instrumentality  of  a
crime  with knowledge of an order of provisional remedy relating to said
property issued pursuant to this article, shall be presumed to know that
such property was the proceeds of a crime,  substituted  proceeds  of  a
crime, or an instrumentality of a crime.
  (iii)  in  an action relating to a post-conviction forfeiture crime, a
non-criminal defendant who the claiming authority proves  by  clear  and
convincing  evidence  has  criminal liability under section 20.00 of the
penal law for the crime of conviction or for criminal  activity  arising
from  a  common  scheme  or  plan  of which such crime is a part and who
possesses an interest in the proceeds, the substituted proceeds,  or  an
instrumentality  of such criminal activity is presumed to know that such
property was the proceeds of a crime,  the  substituted  proceeds  of  a
crime, or an instrumentality of a crime.
  (iv)  a  non-criminal  defendant who participated in or was aware of a
scheme to conceal or disguise the  manner  in  which  said  non-criminal
obtained  his  or  her  interest in the proceeds of a crime, substituted
proceeds of a crime, or an instrumentality of a  crime  is  presumed  to
know  that  such  property  was the proceeds of a crime, the substituted
proceeds of a crime, or an instrumentality of a crime.
  (d)] In a forfeiture action commenced by a claiming authority  against
a  defendant,  the  following  rebuttable  presumption  shall apply: all
currency or negotiable  instruments  payable  to  the  bearer  shall  be
presumed  to  be  the proceeds of a pre-conviction forfeiture crime when
such currency or negotiable instruments are (i) found in close proximity
to a controlled substance unlawfully possessed by the  defendant  in  an
amount  sufficient to constitute a violation of section 220.18 or 220.21
of the penal law, or (ii) found in close proximity to any quantity of  a
controlled substance or marihuana unlawfully possessed by such defendant
in  a  room,  other than a public place, under circumstances evincing an
intent to unlawfully mix, compound,  distribute,  package  or  otherwise
prepare for sale such controlled substance or marihuana.
  [(e)] (C) The presumption set forth pursuant to paragraph [(d)] (B) of
this  subdivision  shall  be  rebutted by credible and reliable evidence
which tends to show that such currency or negotiable instrument  payable
to the bearer is not the proceeds of a [preconviction forfeiture] crime.
In  an  action tried before a jury, the jury shall be so instructed. Any
sworn testimony of a defendant offered to rebut the presumption and  any
other evidence which is obtained as a result of such testimony, shall be
inadmissible  in  any  subsequent  proceeding relating to the forfeiture
action, or in any other civil or criminal action,  except  in  a  prose-
cution  for  a violation of article two hundred ten of the penal law. In
an action tried before a jury, at the commencement of the trial,  or  at
such  other time as the court reasonably directs, the claiming authority
shall provide notice to the court and to the defendant of its intent  to
request that the court charge such presumption.
  4.  The court in which a forfeiture action is pending may dismiss said
action in the interests of justice upon its own motion or upon an appli-
cation as provided for herein.

S. 7505                            45                            A. 9505

  (a) At any time during the pendency of a forfeiture action, the claim-
ing authority who instituted the action, or a defendant  may  (i)  apply
for  an  order  dismissing  the complaint and terminating the forfeiture
action in the interest of justice, or (ii) may apply for an order limit-
ing  the  forfeiture  to  an  amount equivalent in value to the value of
property constituting the proceeds or substituted proceeds of a crime in
the interest of justice.
  (b) Such application for the relief provided in paragraph  (a)  hereof
must  be  made in writing and upon notice to all parties. The court may,
in its discretion, direct that notice  be  given  to  any  other  person
having an interest in the property.
  (c) An application for the relief provided for in paragraph (a) hereof
must  be  brought exclusively in the superior court in which the forfei-
ture action is pending.
  (d) The court may grant the relief provided in paragraph (a) hereof if
it finds that such relief is warranted by the existence of some  compel-
ling factor, consideration or circumstance demonstrating that forfeiture
of  the  property  [of] OR any part thereof, would not serve the ends of
justice. Among the factors, considerations and circumstances  the  court
may consider, among others, are:
  (i)  the seriousness and circumstances of the crime to which the prop-
erty is connected relative to the impact of forfeiture of property  upon
the person who committed the crime; or
  (ii)  the  adverse  impact  of  a forfeiture of property upon innocent
persons; or
  (iii) [the appropriateness of a judgment of forfeiture  in  an  action
relating  to  pre-conviction forfeiture crime where] THE LIKELIHOOD THAT
the criminal proceeding based on the crime  to  which  the  property  is
allegedly  connected [results] WILL RESULT in an acquittal of the crimi-
nal defendant or a dismissal of the accusatory instrument on the merits;
or
  (iv) in the case of an action relating to an instrumentality,  whether
the  value of the instrumentality substantially exceeds the value of the
property constituting the proceeds or substituted proceeds of a crime.
  (e) The court must issue a written decision stating the basis  for  an
order issued pursuant to this subdivision.
  4-a. (a) The court in which a forfeiture action relating to real prop-
erty  is  pending  may,  upon  its  own motion or upon the motion of the
claiming authority which instituted the action, the  defendant,  or  any
other  person who has a lawful property interest in such property, enter
an order:
  (i) appointing an administrator  pursuant  to  section  seven  hundred
seventy-eight  of the real property actions and proceedings law when the
owner of a dwelling is a defendant in such action, and when persons  who
are  not  defendants  in  such  action lawfully occupy one or more units
within such dwelling, in order to maintain and preserve the property  on
behalf  of  such  persons or any other person or entity who has a lawful
property interest in such property, or in  order  to  remedy  any  other
condition which is dangerous to life, health or safety; or
  (ii) otherwise limiting, modifying or dismissing the forfeiture action
in  order  to  preserve  or protect the lawful property interest of [any
non-criminal defendant or] any other person  who  is  not  a  [criminal]
defendant,  or  the lawful property interest of a defendant which is not
subject to forfeiture; or
  (iii) where such action involves interest in a  residential  leasehold
or  a  statutory  tenancy,  directing  that  upon entry of a judgment of

S. 7505                            46                            A. 9505

forfeiture, the lease or statutory tenancy will be modified as a  matter
of  law  to  terminate only the interest of the defendant or defendants,
and to continue the occupancy or tenancy of any other person or  persons
who  lawfully  reside in such demised premises, with such rights as such
parties would otherwise have had if the  defendant's  interest  had  not
been forfeited pursuant to this article.
  (b)  For  purposes  of  this subdivision the term "owner" has the same
meaning as prescribed for that term in section seven hundred  eighty-one
of the real property actions and proceedings law and the term "dwelling"
shall mean any building or structure or portion thereof which is princi-
pally occupied in whole or part as the home, residence or sleeping place
of one or more human beings.
  8.  The  total  amount that may be recovered by the claiming authority
against all [criminal] defendants in  a  forfeiture  action  or  actions
involving  the  same crime shall not exceed the value of the proceeds of
the crime or substituted proceeds of  the  crime,  whichever  amount  is
greater,  and,  in  addition, the value of any forfeited instrumentality
used in the crime.  Any such recovery against  [criminal  defendants]  A
DEFENDANT  for  the  value  of  the proceeds of the crime or substituted
proceeds of the crime shall be reduced by an  amount  which  equals  the
value  of  the  same  proceeds of the same crime or the same substituted
proceeds of the same crime recovered against  [all  non-criminal]  OTHER
defendants.  Any  such recovery for the value of an instrumentality of a
crime shall be reduced by an amount which equals the value of  the  same
instrumentality recovered against any [non-criminal] OTHER defendant.
  [The  total  amount  that  may  be  recovered against all non-criminal
defendants in a forfeiture action or actions involving  the  same  crime
shall  not  exceed the value of the proceeds of the crime or the substi-
tuted proceeds of the crime, whichever amount is greater, and, in  addi-
tion,  the value of any forfeited instrumentality used in the crime. Any
such recovery against non-criminal  defendants  for  the  value  of  the
proceeds  of  the  crime  or  substituted proceeds of the crime shall be
reduced by an amount which equals the value of the proceeds of the crime
or substituted proceeds of the  crime  recovered  against  all  criminal
defendants.  A  judgment  against  a  non-criminal defendant pursuant to
clause (A) of subparagraph (iv) of paragraph (b) of subdivision three of
this section shall be limited to the  amount  of  the  proceeds  of  the
crime.  Any  recovery  for  the value of an instrumentality of the crime
shall be reduced by an amount equal to the value of the same  instrumen-
tality recovered against any criminal defendant.]
  §  5.  Subdivision  11  of  section 1311 of the civil practice law and
rules is amended by adding a new paragraph (d) to read as follows:
  (D) ANY STIPULATION, SETTLEMENT AGREEMENT, JUDGEMENT, ORDER OF AFFIDA-
VIT REQUIRED TO BE GIVEN TO  THE  STATE  DIVISION  OF  CRIMINAL  JUSTICE
SERVICES PURSUANT TO THIS SUBDIVISION SHALL INCLUDE THE DEFENDANT'S NAME
AND  SUCH  OTHER  DEMOGRAPHIC  DATA AS REQUIRED BY THE STATE DIVISION OF
CRIMINAL JUSTICE SERVICES.
  § 6. Subdivision 6 of section 220.50 of the criminal procedure law, as
added by chapter 655 of the laws of 1990, is amended to read as follows:
  6. Where the defendant consents to a plea of guilty to the indictment,
or part of the indictment, or consents  to  be  prosecuted  by  superior
court information as set forth in section 195.20 of this chapter, and if
the  defendant  and  prosecutor agree that as a condition of the plea or
the superior court information certain property shall  be  forfeited  by
the  defendant,  the description and present estimated monetary value of
the property shall be stated in court by the prosecutor at the  time  of

S. 7505                            47                            A. 9505

plea. Within thirty days of the acceptance of the plea or superior court
information  by the court, the prosecutor shall send to the commissioner
of the division of criminal justice services a document  containing  the
name  of  the  defendant, the description and present estimated monetary
value of the property, ANY OTHER DEMOGRAPHIC DATA  AS  REQUIRED  BY  THE
DIVISION  OF CRIMINAL JUSTICE SERVICES and the date the plea or superior
court information was accepted. Any property forfeited by the  defendant
as  a condition to a plea of guilty to an indictment, or a part thereof,
or to a superior court information, shall be disposed of  in  accordance
with  the provisions of section thirteen hundred forty-nine of the civil
practice law and rules.
  § 7. Subdivision 4 of section 480.10 of the penal  law,  as  added  by
chapter 655 of the laws of 1990, is amended to read as follows:
  4. The prosecutor shall promptly file a copy of the special forfeiture
information,  including  the  terms  thereof, with the state division of
criminal justice services and with  the  local  agency  responsible  for
criminal justice planning. Failure to file such information shall not be
grounds  for  any  relief  under this chapter. THE PROSECUTOR SHALL ALSO
REPORT SUCH DEMOGRAPHIC DATA AS REQUIRED BY THE STATE DIVISION OF CRIMI-
NAL JUSTICE SERVICES WHEN FILING A COPY OF THE SPECIAL FORFEITURE INFOR-
MATION WITH THE STATE DIVISION OF CRIMINAL JUSTICE SERVICES.
  § 8. This act shall take effect on the one hundred eightieth day after
it shall have become a law and shall apply to crimes which were  commit-
ted on or after such date.

                                 PART F

  Section  1.  Section  2  of  part H of chapter 503 of the laws of 2009
relating to the disposition  of  monies  recovered  by  county  district
attorneys  before  the filing of an accusatory instrument, as amended by
section 25 of part A of chapter 55 of the laws of 2017,  is  amended  to
read as follows:
  §  2.  This act shall take effect immediately and shall remain in full
force and effect until March 31, [2018] 2019, when it shall  expire  and
be deemed repealed.
  § 2. This act shall take effect immediately.

                                 PART G

  Section  1.  Section  602 of the correction law, as amended by chapter
891 of the laws of 1962, is amended to read as follows:
  § 602. Expenses of sheriff for transporting prisoners.  For  conveying
a  prisoner  or  prisoners to a state prison from the county prison, the
sheriff or person having charge of the same shall be reimbursed for  the
amount of expenses actually and necessarily incurred by him for railroad
fare  or  cost  of  other  transportation and for cost of maintenance of
himself and each prisoner in going to the prison, and for  his  railroad
fare  or other cost of transportation in returning home, and cost of his
maintenance while so returning. [The county shall be  reimbursed  for  a
portion  of  the salary of such sheriff or person for the period, not to
exceed thirty-six hours, from the commencement  of  transportation  from
the  county prison to the return of such sheriff or person to the county
prison, the amount of such reimbursement to be computed by adding to the
amount of such  salary  the  total  amount  of  the  aforesaid  expenses
incurred  for  transportation and maintenance and reducing the resulting
aggregate amount, first, by fifty per centum of  such  aggregate  amount

S. 7505                            48                            A. 9505

and,  second, by the total amount of the aforesaid expenses incurred for
transportation and maintenance.]
  § 2. This act shall take effect April 1, 2018.

                                 PART H

  Section  1.  Subparagraph  (iv)  of  paragraph (d) of subdivision 1 of
section 803 of the correction law, as added by section 7 of chapter  738
of the laws of 2004, is amended to read as follows:
  (iv)  Such merit time allowance may be granted when an inmate success-
fully participates in the work and treatment program  assigned  pursuant
to  section  eight  hundred  five  of  this article and when such inmate
obtains a general equivalency diploma, an alcohol  and  substance  abuse
treatment certificate, a vocational trade certificate following at least
six  months  of  vocational  programming  [or],  performs  at least four
hundred hours of service as part of a community work crew OR SUCCESSFUL-
LY COMPLETES AT LEAST TWO CONSECUTIVE SEMESTERS OF  COLLEGE  PROGRAMMING
WITH  NO LESS THAN SIX COLLEGE CREDITS PER SEMESTER, THAT IS PROVIDED AT
THE CORRECTIONAL FACILITY BY A COLLEGE APPROVED BY THE  NEW  YORK  STATE
BOARD OF REGENTS.
  Such  allowance shall be withheld for any serious disciplinary infrac-
tion or upon a judicial determination that the person, while an  inmate,
commenced  or  continued  a  civil  action, proceeding or claim that was
found to be frivolous as defined in subdivision  (c)  of  section  eight
thousand  three  hundred three-a of the civil practice law and rules, or
an order of a federal court pursuant to rule 11 of the federal rules  of
civil  procedure  imposing sanctions in an action commenced by a person,
while an inmate, against a state agency, officer or employee.
  § 2. Subparagraph (iv) of paragraph (d) of subdivision  1  of  section
803  of  the  correction law, as added by section 10-a of chapter 738 of
the laws of 2004, is amended to read as follows:
  (iv) Such merit time allowance may be granted when an inmate  success-
fully  participates  in the work and treatment program assigned pursuant
to section eight hundred five of  this  article  and  when  such  inmate
obtains  a  general  equivalency diploma, an alcohol and substance abuse
treatment certificate, a vocational trade certificate following at least
six months of  vocational  programming  [or],  performs  at  least  four
hundred hours of service as part of a community work crew OR SUCCESSFUL-
LY  COMPLETES  AT LEAST TWO CONSECUTIVE SEMESTERS OF COLLEGE PROGRAMMING
WITH NO LESS THAN SIX COLLEGE CREDITS PER SEMESTER, THAT IS PROVIDED  AT
THE  CORRECTIONAL  FACILITY  BY A COLLEGE APPROVED BY THE NEW YORK STATE
BOARD OF REGENTS.
  Such allowance shall be withheld for any serious disciplinary  infrac-
tion  or upon a judicial determination that the person, while an inmate,
commenced or continued a civil action,  proceeding  or  claim  that  was
found  to  be  frivolous  as defined in subdivision (c) of section eight
thousand three hundred three-a of the civil practice law and  rules,  or
an  order of a federal court pursuant to rule 11 of the federal rules of
civil procedure imposing sanctions in an action commenced by  a  person,
while an inmate, against a state agency, officer or employee.
  § 3. Paragraph (c) of subdivision 1 of section 803-b of the correction
law,  as  amended  by  section  1 of part E of chapter 55 of the laws of
2017, 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

S. 7505                            49                            A. 9505

  (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; or
  (xii)  receives  a  certificate  from the food production center in an
assigned position following the completion of no less than eight hundred
hours of work in such position, and continues to work for an  additional
eighteen months at the food production center[.]; OR
  (XIII)  SUCCESSFULLY  COMPLETES  A  COSMETOLOGY  TRAINING  PROGRAM AND
RECEIVES A LICENSE FROM THE NEW YORK  STATE  DEPARTMENT  OF  STATE,  AND
THEREAFTER  PARTICIPATES  IN  SUCH  PROGRAM FOR A PERIOD OF NO LESS THAN
EIGHTEEN MONTHS; OR
  (XIV) SUCCESSFULLY COMPLETES A BARBERING TRAINING PROGRAM AND RECEIVES
A LICENSE FROM THE NEW YORK STATE DEPARTMENT OF  STATE,  AND  THEREAFTER
PARTICIPATES  IN  SUCH  PROGRAM  FOR  A  PERIOD OF NO LESS THAN EIGHTEEN
MONTHS; OR
  (XV) SUCCESSFULLY PARTICIPATES IN A COMPUTER OPERATOR,  GENERAL  BUSI-
NESS  OR  COMPUTER INFORMATION TECHNOLOGY AND SUPPORT VOCATIONAL PROGRAM
FOR NO LESS THAN TWO YEARS, AND  EARNS  A  MICROSOFT  OFFICE  SPECIALIST
CERTIFICATION  FOR  MICROSOFT  WORD,  MICROSOFT  POWERPOINT OR MICROSOFT
EXCEL, FOLLOWING THE ADMINISTRATION OF AN EXAMINATION; OR
  (XVI) SUCCESSFULLY COMPLETES  THE  THINKING  FOR  A  CHANGE  COGNITIVE
BEHAVIORAL  TREATMENT PROGRAM WITHIN PHASE TWO OF TRANSITIONAL SERVICES,
AND THEREAFTER, IS EMPLOYED IN THE WORK RELEASE PROGRAM FOR A PERIOD  OF
AT LEAST EIGHTEEN MONTHS.
  § 4. This act shall take effect April 1, 2018; provided, however, that
the amendments to subparagraph (iv) of paragraph (d) of subdivision 1 of
section  803 of the correction law made by section one of this act shall
be subject to the expiration and reversion of such section  pursuant  to
subdivision  d  of  section  74  of  chapter  3  of the laws of 1995, as
amended, when upon such date the provisions of section two of  this  act
shall take effect.

S. 7505                            50                            A. 9505

                                 PART I

  Section  1.  Subdivision  9  of  section  201 of the correction law is
REPEALED.
  § 2. This act shall take effect April 1, 2018.

                                 PART J

  Section 1. Notwithstanding any provision of law or  governor's  execu-
tive  order  to  the  contrary  regarding inmate eligibility by crime of
commitment, the commissioner of corrections and community supervision is
hereby authorized to initiate two pilot temporary release programs.
  § 2. The first pilot temporary release  program  shall  be  a  college
educational  leave  program  for  no  more than fifty inmates at any one
time, who otherwise would be ineligible due to their  crime  of  commit-
ment,  and  whereby,  to  be  eligible, an inmate shall not be serving a
sentence for one or more offenses that would render him or her  ineligi-
ble for a limited credit time allowance as set forth in section 803-b of
the  correction  law. In addition, to be eligible, such inmate shall not
have committed a serious disciplinary infraction, maintained an  overall
negative  institutional  record,  or  received  a disqualifying judicial
determination that would render him or  her  ineligible  for  a  limited
credit  time  allowance  as set forth in section 803-b of the correction
law, and such inmate shall be eligible for release on parole  or  condi-
tional  release  within  two  years.  An inmate who participates in this
pilot program may also be permitted to leave the premises of the  insti-
tution for the purposes set forth in subdivision 4 of section 851 of the
correction law, if otherwise authorized by the department of corrections
and  community supervision's rules and regulations governing permissible
furloughs.
  § 3. The second pilot temporary release program shall be a pilot  work
release  program  for  no  more  than fifty inmates at any one time, who
otherwise would be ineligible due to  their  crime  of  commitment,  and
whereby,  to  be eligible, an inmate shall not be serving a sentence for
one or more offenses that would render  him  or  her  ineligible  for  a
limited  credit  time  allowance  as  set  forth in section 803-b of the
correction law. In addition, such inmate  shall  not  have  committed  a
serious disciplinary infraction, maintained an overall negative institu-
tional  record,  or received a disqualifying judicial determination that
would render him or her ineligible for a limited credit  time  allowance
as  set  forth  in  section 803-b of the correction law and, such inmate
shall be eligible for release on parole or  conditional  release  within
two  years. An inmate who participates in the pilot work release program
may also be permitted to leave the premises of the institution  for  the
purposes  set  forth  in  subdivision 4 of section 851 of the correction
law, when authorized by the  department  of  corrections  and  community
supervision's rules and regulations governing permissible furloughs.
  § 4. Prior to March first of each year thereafter, the commissioner of
corrections and community supervision shall issue a report to the gover-
nor, the president of the senate and the speaker of the assembly, on the
status  of  both pilot programs, which shall include, but not be limited
to,  information  on  those  correctional  facilities  where  the  pilot
programs  are established, information about the total number of inmates
who were approved for each of the pilots, whether  each  inmate  partic-
ipant  has  been  successful  or  unsuccessful, and information on those
colleges which participate in the educational leave pilot.

S. 7505                            51                            A. 9505

  § 5. This act shall take effect April 1, 2018.

                                 PART K

  Section  1.  This Part enacts into law major components of legislation
that remove unnecessary mandatory bars on licensing and  employment  for
people  with  criminal  convictions in the categories enumerated therein
and replace them with individualized review processes using the  factors
set  out  in  article  23-A  of  the correction law, which addresses the
licensing of such individuals. Each component is wholly contained with a
Subpart identified as Subparts A through I. Any provision in any section
contained within a Subpart, including the effective date of the Subpart,
which makes  reference  to  a  section  "of  this  act",  when  used  in
connection  with  that particular component, shall be deemed to mean and
refer to the corresponding section of the Subpart in which it is  found.
Section three of this Part sets forth the general effective date of this
Part.

                                SUBPART A

  Section 1. Subdivision 6 of section 369 of the banking law, as amended
by  chapter 164 of the laws of 2003, paragraph (b) as amended by section
6 of part LL of chapter 56 of the laws of 2010, is amended  to  read  as
follows:
  6.  The  superintendent may, CONSISTENT WITH ARTICLE TWENTY-THREE-A OF
THE CORRECTION LAW, refuse to issue a license pursuant to  this  article
if  he  shall  find that the applicant, or any person who is a director,
officer, partner, agent, employee  or  substantial  stockholder  of  the
applicant,  (a) has been convicted of a crime in any jurisdiction or (b)
is associating or consorting with any person who  has,  or  persons  who
have,  been convicted of a crime or crimes in any jurisdiction or juris-
dictions[; provided, however, that the superintendent  shall  not  issue
such a license if he shall find that the applicant, or any person who is
a director, officer, partner, agent, employee or substantial stockholder
of  the applicant, has been convicted of a felony in any jurisdiction or
of a crime which, if committed within this  state,  would  constitute  a
felony  under  the  laws  thereof].  For the purposes of this article, a
person shall be deemed to have been convicted of a crime if such  person
shall  have  pleaded guilty to a charge thereof before a court or magis-
trate, or shall have been found guilty thereof by the decision or  judg-
ment  of a court or magistrate or by the verdict of a jury, irrespective
of the pronouncement of sentence or the suspension thereof[, unless such
plea of guilty, or such decision, judgment or verdict, shall  have  been
set aside, reversed or otherwise abrogated by lawful judicial process or
unless  the  person  convicted of the crime shall have received a pardon
therefor from the president of the United  States  or  the  governor  or
other  pardoning  authority in the jurisdiction where the conviction was
had, or shall have received a certificate of relief from disabilities or
a certificate of good conduct pursuant to article  twenty-three  of  the
correction  law  to  remove the disability under this article because of
such conviction]. The term "substantial stockholder," as  used  in  this
subdivision,  shall be deemed to refer to a person owning or controlling
ten per centum or more of the total outstanding stock of the corporation
in which such person is a stockholder. In making a determination  pursu-
ant to this subdivision, the superintendent shall require fingerprinting
of  the  applicant. Such fingerprints shall be submitted to the division

S. 7505                            52                            A. 9505

of criminal justice services for a state criminal history record  check,
as  defined  in subdivision one of section three thousand thirty-five of
the education law, and may be submitted to the federal bureau of  inves-
tigation for a national criminal history record check.
  § 2. This act shall take effect immediately.

                                SUBPART B

  Section  1.  Paragraph  (f)  of subdivision 7 of section 2590-b of the
education law, as added by chapter 345 of the laws of 2009,  is  amended
to read as follows:
  (f)  A person [who has been convicted of a felony, or has been removed
from a city-wide council established pursuant to this section or  commu-
nity  district  education council for any of the following shall] MAY be
permanently ineligible for appointment to a city-wide council FOR ANY OF
THE FOLLOWING:
  (i) an act of malfeasance directly related to his or  her  service  on
such city-wide council or community district education council; or
  (ii)  conviction  of a crime, if such crime is directly related to his
or her service upon such city-wide council or community district  educa-
tion council, OR IF SERVICE UPON SUCH COUNCIL WOULD INVOLVE AN UNREASON-
ABLE  RISK  TO PROPERTY OR TO THE SAFETY OR WELFARE OF SPECIFIC INDIVID-
UALS OR THE GENERAL PUBLIC.
  § 2. Subdivision 5 of section 2590-c of the education law, as  amended
by chapter 345 of the laws of 2009, is amended to read as follows:
  5.  No  person  may serve on more than one community council or on the
city-wide council on special education, the city-wide council on English
language learners, or the city-wide council on high schools and a commu-
nity council. A member of a community council shall be ineligible to  be
employed  by  the  community council of which he or she is a member, any
other community council, the city-wide council on special education, the
city-wide council on English language learners, the city-wide council on
high schools, or the city board. No person shall be eligible for member-
ship on a community council if he  or  she  holds  any  elective  public
office  or any elective or appointed party position except that of dele-
gate or alternate delegate to a national, state, judicial or other party
convention, or member of a county committee.
  A person [who has been convicted of a felony, or has been removed from
a community school board, community district education council,  or  the
city-wide council on special education, the city-wide council on English
language  learners,  or the city-wide council on high schools for any of
the following shall] MAY be permanently ineligible  for  appointment  to
any  community district education council FOR ANY OF THE FOLLOWING:  (a)
an act of malfeasance directly related to his  or  her  service  on  the
city-wide council on special education, the city-wide council on English
language  learners,  the  city-wide  council  on high schools, community
school board or community district education council; or (b)  conviction
of a crime, if such crime is directly related to his or her service upon
the  city-wide  council  on  special education, the city-wide council on
English language learners, the city-wide council on high schools, commu-
nity school board or community district education council, OR IF SERVICE
UPON SUCH COUNCIL WOULD INVOLVE AN UNREASONABLE RISK TO PROPERTY  OR  TO
THE SAFETY OR WELFARE OF SPECIFIC INDIVIDUALS OR THE GENERAL PUBLIC.
  Any decision rendered by the chancellor or the city board with respect
to  the  eligibility  or  qualifications  of  the nominees for community
district education councils must  be  written  and  made  available  for

S. 7505                            53                            A. 9505

public inspection within seven days of its issuance at the office of the
chancellor  and  the city board. Such written decision shall include the
factual and legal basis for its issuance and a record  of  the  vote  of
each board member who participated in the decision, if applicable.
  §  3. This act shall take effect immediately, provided that the amend-
ments to subdivision 7 of section 2590-b of the education  law  made  by
section  one of this act shall not affect the repeal of such subdivision
and shall be deemed repealed  therewith;  provided,  further,  that  the
amendments  to subdivision 5 of section 2590-c of the education law made
by section two of this act shall not affect the repeal of such  subdivi-
sion and shall be deemed to repeal therewith.

                                SUBPART C

  Section  1.  Clauses  1  and  5  of  paragraph (c) of subdivision 2 of
section 435 of the executive law, clause 1 as amended by chapter 371  of
the laws of 1974 and clause 5 as amended by 437 of the laws of 1962, are
amended to read as follows:
  (1)  a  person  convicted of a crime [who has not received a pardon, a
certificate of good conduct or a certificate of  relief  from  disabili-
ties]  IF  THERE  IS  A  DIRECT  RELATIONSHIP BETWEEN ONE OR MORE OF THE
PREVIOUS CRIMINAL OFFENSES  AND  THE  INTEGRITY  AND  SAFETY  OF  BINGO,
CONSIDERING  THE  FACTORS  SET  FORTH  IN  ARTICLE TWENTY-THREE-A OF THE
CORRECTION LAW;
  (5) a firm or corporation in which a person defined  in  [subdivision]
CLAUSE  (1),  (2),  (3)  or  (4)  [above] OF THIS PARAGRAPH, or a person
married or related in the first degree to such  a  person,  has  greater
than  a ten [per centum] PERCENT proprietary, equitable or credit inter-
est or in which such a person is active or employed.
  § 2. This act shall take effect immediately.

                                SUBPART D

  Section 1. Subdivision 1 of section  130  of  the  executive  law,  as
amended by section 1 of part LL of chapter 56 of the laws of 2010, para-
graph  (g)  as  separately  amended  by chapter 232 of the laws 2010, is
amended to read as follows:
  1. The secretary of state may appoint and commission as many  notaries
public for the state of New York as in his or her judgment may be deemed
best,  whose  jurisdiction  shall be co-extensive with the boundaries of
the state. The appointment of a notary public shall be  for  a  term  of
four  years. An application for an appointment as notary public shall be
in form and set forth such matters  as  the  secretary  of  state  shall
prescribe.  Every person appointed as notary public must, at the time of
his or her appointment, be a citizen of the United States and  either  a
resident of the state of New York or have an office or place of business
in  New  York  state. A notary public who is a resident of the state and
who moves out of the state but still maintains a place of business or an
office in New York state does not vacate his or her office as  a  notary
public.  A  notary public who is a nonresident and who ceases to have an
office or place of business in this state, vacates his or her office  as
a notary public. A notary public who is a resident of New York state and
moves  out  of  the  state and who does not retain an office or place of
business in this state shall vacate  his  or  her  office  as  a  notary
public.  A  non-resident who accepts the office of notary public in this
state thereby appoints the secretary of state as the  person  upon  whom

S. 7505                            54                            A. 9505

process can be served on his or her behalf. Before issuing to any appli-
cant  a commission as notary public, unless he or she be an attorney and
counsellor at law duly admitted to practice in this  state  or  a  court
clerk  of  the unified court system who has been appointed to such posi-
tion after taking a civil service promotional examination in  the  court
clerk  series of titles, the secretary of state shall satisfy himself or
herself that the applicant is of good moral character,  has  the  equiv-
alent  of  a common school education and is familiar with the duties and
responsibilities of a notary public; provided,  however,  that  where  a
notary  public  applies,  before  the expiration of his or her term, for
reappointment with the county clerk or where  a  person  whose  term  as
notary  public  shall  have expired applies within six months thereafter
for reappointment as a notary public with the county clerk, such  quali-
fying requirements may be waived by the secretary of state, and further,
where  an  application  for reappointment is filed with the county clerk
after the expiration of the aforementioned renewal period  by  a  person
who  failed  or was unable to re-apply by reason of his or her induction
or enlistment in the armed forces of the United States, such  qualifying
requirements may also be waived by the secretary of state, provided such
application  for reappointment is made within a period of one year after
the military discharge of the  applicant  under  conditions  other  than
dishonorable.  In  any  case,  the  appointment  or reappointment of any
applicant is in the discretion of the secretary of state. The  secretary
of  state  may suspend or remove from office, for misconduct, any notary
public appointed by him or her but no such removal shall be made  unless
the  person  who  is  sought to be removed shall have been served with a
copy of the charges against him or her and have an opportunity of  being
heard.  No person shall be appointed as a notary public under this arti-
cle who has been convicted, in this state or any other state or territo-
ry, of a [felony or any of the following offenses, to wit:
  (a) Illegally using, carrying or possessing a pistol or other  danger-
ous  weapon;  (b) making or possessing burglar's instruments; (c) buying
or receiving or criminally  possessing  stolen  property;  (d)  unlawful
entry  of  a  building;  (e)  aiding  escape from prison; (f) unlawfully
possessing or distributing habit forming narcotic drugs;  (g)  violating
sections  two hundred seventy, two hundred seventy-a, two hundred seven-
ty-b, two hundred seventy-c, two hundred seventy-one, two hundred seven-
ty-five, two hundred  seventy-six,  five  hundred  fifty,  five  hundred
fifty-one,  five hundred fifty-one-a and subdivisions six, ten or eleven
of section seven hundred twenty-two of the former penal law as in  force
and  effect  immediately  prior  to  September  first,  nineteen hundred
sixty-seven, or violating sections 165.25, 165.30 or subdivision one  of
section  240.30  of  the  penal  law, or violating sections four hundred
seventy-eight, four hundred  seventy-nine,  four  hundred  eighty,  four
hundred  eighty-one,  four hundred eighty-four, four hundred eighty-nine
and four hundred ninety-one of the judiciary law;  or  (h)  vagrancy  or
prostitution,  and who has not subsequent to such conviction received an
executive pardon therefor or a certificate of relief  from  disabilities
or a certificate of good conduct pursuant to article twenty-three of the
correction  law  to  remove the disability under this section because of
such conviction] CRIME, UNLESS THE SECRETARY MAKES A FINDING IN CONFORM-
ANCE  WITH  ALL  APPLICABLE  STATUTORY  REQUIREMENTS,  INCLUDING   THOSE
CONTAINED  IN  ARTICLE  TWENTY-THREE-A  OF THE CORRECTION LAW, THAT SUCH
CONVICTIONS DO NOT CONSTITUTE A BAR TO EMPLOYMENT.
  § 2. This act shall take effect immediately.

S. 7505                            55                            A. 9505

                                SUBPART E

  Section  1.  Paragraphs 1 and 5 of subdivision (a) of section 189-a of
the general municipal law, as added by chapter 574 of the laws of  1978,
are amended to read as follows:
  (1)  a  person  convicted of a crime [who has not received a pardon, a
certificate of good conduct or a certificate of  relief  from  disabili-
ties]  IF  THERE  IS  A  DIRECT  RELATIONSHIP BETWEEN ONE OR MORE OF THE
PREVIOUS CRIMINAL OFFENSES AND THE INTEGRITY  OR  SAFETY  OF  CHARITABLE
GAMING,  CONSIDERING  THE FACTORS SET FORTH IN ARTICLE TWENTY-THREE-A OF
THE CORRECTION LAW;
  (5) a firm or corporation in which a person defined  in  [subdivision]
PARAGRAPH  (1),  (2), (3) or (4) [above] OF THIS SUBDIVISION has greater
than a ten [per centum] PERCENT proprietary, equitable or credit  inter-
est or in which such a person is active or employed.
  §  2.  Paragraph  (a)  of  subdivision 1 of section 191 of the general
municipal law, as amended by section 15 of part LL of chapter 56 of  the
laws of 2010, is amended to read as follows:
  (a)  Issuance of licenses to conduct games of chance. If such clerk or
department [shall determine] DETERMINES:
  (I) that the applicant is duly qualified to  be  licensed  to  conduct
games of chance under this article;
  (II)  that  the  member  or members of the applicant designated in the
application to manage games of chance are bona fide  active  members  of
the  applicant  and  are  persons of good moral character and have never
been convicted of a crime[, or,] if [convicted, have received a  pardon,
a  certificate of good conduct or a certificate of relief from disabili-
ties pursuant to article twenty-three of the correction law] THERE IS  A
DIRECT  RELATIONSHIP  BETWEEN  ONE  OR  MORE  OF  THE  PREVIOUS CRIMINAL
OFFENSES AND THE INTEGRITY OR SAFETY OF CHARITABLE  GAMING,  CONSIDERING
THE FACTORS SET FORTH IN ARTICLE TWENTY-THREE-A OF THE CORRECTION LAW;
  (III)  that  such  games  are  to  be conducted in accordance with the
provisions of this article and in accordance with the  rules  and  regu-
lations  of  the  [board] GAMING COMMISSION and applicable local laws or
ordinances and that the proceeds  thereof  are  to  be  disposed  of  as
provided by this article[,]; and
  [if  such  clerk  or department is satisfied] (IV) that no commission,
salary, compensation, reward or recompense  whatever  will  be  paid  or
given  to  any person managing, operating or assisting therein except as
in this article otherwise provided; [it] THEN SUCH CLERK  OR  DEPARTMENT
shall  issue  a  license  to  the  applicant for the conduct of games of
chance upon payment of a license fee of  twenty-five  dollars  for  each
license period.
  §  3.  Subdivision  9  of section 476 of the general municipal law, as
amended by chapter 1057 of the laws of 1965, paragraph (a) as amended by
section 16 of part LL of chapter 56 of the laws of 2010, is  amended  to
read as follows:
  9.  "Authorized commercial lessor" shall mean a person, firm or corpo-
ration other than a licensee to conduct bingo under  the  provisions  of
this  article,  who or which [shall own] OWNS or [be] IS a net lessee of
premises and offer the same for leasing by him, HER or it to an  author-
ized  organization for any consideration whatsoever, direct or indirect,
for the purpose of conducting bingo therein, provided that  he,  SHE  or
it, as the case may be, shall not be
  (a)  a person convicted of a crime [who has not received a pardon or a
certificate of good conduct or a certificate of relief from disabilities

S. 7505                            56                            A. 9505

pursuant to] IF THERE IS A DIRECT RELATIONSHIP BETWEEN ONE  OR  MORE  OF
THE  PREVIOUS  CRIMINAL  OFFENSES  AND THE INTEGRITY OR SAFETY OF BINGO,
CONSIDERING  THE   FACTORS   SET   FORTH   IN   article   [twenty-three]
TWENTY-THREE-A of the correction law;
  (b)  a  person  who  is or has been a professional gambler or gambling
promoter or who for other reasons is not of good moral character;
  (c) a public officer who receives any consideration, direct  or  indi-
rect, as owner or lessor of premises offered for the purpose of conduct-
ing bingo therein;
  (d)  a  firm or corporation in which a person defined in [subdivision]
PARAGRAPH (a), (b) or (c)  [above]  OF  THIS  SUBDIVISION  or  a  person
married or related in the first degree to such a person has greater than
a  ten [percentum (10%)] PERCENT proprietary, equitable or credit inter-
est or in which such a person is active or employed.
  Nothing contained in this subdivision shall be construed  to  bar  any
firm  or  corporation [which] THAT is not organized for pecuniary profit
and no part of the net earnings of which inure to  the  benefit  of  any
individual,  member, or shareholder, from being an authorized commercial
lessor solely because a public officer, or a person married  or  related
in  the  first  degree to a public officer, is a member of, active in or
employed by such firm or corporation.
  § 4. Paragraph (a) of subdivision 1 of  section  481  of  the  general
municipal  law,  as amended by section 5 of part MM of chapter 59 of the
laws of 2017, is amended to read as follows:
  (a) Issuance of licenses to conduct bingo. If the  governing  body  of
the municipality determines:
  (I)  that  the  applicant  is duly qualified to be licensed to conduct
bingo under this article;
  (II) that the member or members of the  applicant  designated  in  the
application  to  conduct bingo are bona fide active members OR AUXILIARY
MEMBERS of the applicant and are persons of  good  moral  character  and
have  never been convicted of a crime [or, if convicted, have received a
pardon or a certificate of good conduct or a certificate of relief  from
disabilities  pursuant  to  article  twenty-three]  IF THERE IS A DIRECT
RELATIONSHIP BETWEEN ONE OR MORE OF THE PREVIOUS CRIMINAL  OFFENSES  AND
THE  INTEGRITY  OR SAFETY OF BINGO, CONSIDERING THE FACTORS SET FORTH IN
ARTICLE TWENTY-THREE-A of the correction law;
  (III) that such games of bingo are to be conducted in accordance  with
the  provisions  of  this  article  and in accordance with the rules and
regulations of the commission[, and];
  (IV) that the proceeds thereof are to be disposed of  as  provided  by
this article[, and if the governing body is satisfied];
  (V)  that  no  commission,  salary, compensation, reward or recompense
[what so ever] WHATSOEVER will be paid or given to any  person  holding,
operating  or  conducting  or  assisting  in  the holding, operation and
conduct of any such games of bingo except as in this  article  otherwise
provided; and
  (VI)  that  no prize will be offered and given in excess of the sum or
value of five thousand dollars in any single game OF BINGO and that  the
aggregate  of all prizes offered and given in all of such games OF BINGO
conducted on a single occasion[,] under said license  shall  not  exceed
the  sum  or  value  of  fifteen thousand dollars, then the municipality
shall issue a license to the applicant for the  conduct  of  bingo  upon
payment  of a license fee of eighteen dollars and seventy-five cents for
each bingo occasion[; provided, however, that].

S. 7505                            57                            A. 9505

  NOTWITHSTANDING ANYTHING  TO  THE  CONTRARY  IN  THIS  PARAGRAPH,  the
governing  body  shall refuse to issue a license to an applicant seeking
to conduct bingo in premises of a licensed commercial lessor where  such
governing  body determines that the premises presently owned or occupied
by  such  applicant  are  in  every  respect  adequate  and suitable for
conducting bingo games.
  § 5. This act shall take effect immediately.

                                SUBPART F

  Section 1. Paragraphs 3 and 4 of subsection (d) of section 2108 of the
insurance law are REPEALED, and paragraph 5 is renumbered paragraph 3.
  § 2. This act shall take effect immediately.

                                SUBPART G

  Section 1. Section 440-a of the real property law, as amended by chap-
ter 81 of the laws of 1995, the first undesignated paragraph as  amended
by  section  23 of part LL of chapter 56 of the laws of 2010, is amended
to read as follows:
  § 440-a. License required for real estate  brokers  and  salesmen.  No
person,  co-partnership,  limited liability company or corporation shall
engage in or follow the business or occupation of, or  hold  himself  or
itself  out  or  act temporarily or otherwise as a real estate broker or
real estate salesman in this state without  first  procuring  a  license
therefor  as  provided in this article. No person shall be entitled to a
license as a real estate broker under this article, either as  an  indi-
vidual  or as a member of a co-partnership, or as a member or manager of
a limited liability company or as an officer of a corporation, unless he
or she is twenty years of age or over, a citizen of the United States or
an alien lawfully admitted for permanent residence in the United States.
No person shall be entitled to a license as a real estate salesman under
this article unless he or she is over the  age  of  eighteen  years.  No
person  shall  be  entitled to a license as a real estate broker or real
estate salesman under this article who has been convicted in this  state
or  elsewhere  of a [felony, of a sex offense, as defined in subdivision
two of section one hundred sixty-eight-a of the correction  law  or  any
offense  committed  outside  of  this state which would constitute a sex
offense, or a sexually violent offense, as defined in subdivision  three
of  section  one  hundred  sixty-eight-a  of  the  correction law or any
offense committed outside this state which would constitute  a  sexually
violent  offense, and who has not subsequent to such conviction received
executive pardon therefor or a certificate of relief  from  disabilities
or a certificate of good conduct pursuant to article twenty-three of the
correction  law,  to remove the disability under this section because of
such conviction] CRIME, UNLESS THE SECRETARY MAKES A FINDING IN CONFORM-
ANCE  WITH  ALL  APPLICABLE  STATUTORY  REQUIREMENTS,  INCLUDING   THOSE
CONTAINED  IN  ARTICLE  TWENTY-THREE-A  OF THE CORRECTION LAW, THAT SUCH
CONVICTIONS DO NOT CONSTITUTE A BAR TO LICENSURE.  No  person  shall  be
entitled  to  a  license as a real estate broker or real estate salesman
under this article who does not meet the requirements of  section  3-503
of the general obligations law.
  Notwithstanding  [the above] ANYTHING TO THE CONTRARY IN THIS SECTION,
tenant associations[,] and  not-for-profit  corporations  authorized  in
writing  by  the  commissioner of the department of the city of New York
charged with enforcement of the housing maintenance code of such city to

S. 7505                            58                            A. 9505

manage residential property owned by such city or appointed by  a  court
of  competent  jurisdiction to manage residential property owned by such
city shall be exempt from the licensing provisions of this section  with
respect to the properties so managed.
  § 2. This act shall take effect immediately.

                                SUBPART H

  Section  1. Subdivision 5 of section 336-f of the social services law,
as added by section 148 of part B of chapter 436 of the laws of 1997, is
amended to read as follows:
  5. The social services district shall require every  private  or  not-
for-profit  employer  that  intends  to  hire  one or more work activity
participants to certify to the district [that] WHETHER such employer has
[not], in the past five years, been convicted of a felony or a misdemea-
nor the underlying basis of which involved workplace safety  and  health
or  labor  standards.  Such  employer  shall  also  certify  as  to  all
violations issued by the department of labor within the past five years.
The social services official in the district in which the participant is
placed shall determine whether there is  a  pattern  of  CONVICTIONS  OR
violations  sufficient  to  render  the  potential  employer ineligible.
Employers who submit false  information  under  this  section  shall  be
subject to criminal prosecution for filing a false instrument.
  § 2. This act shall take effect immediately.

                                SUBPART I

  Section  1.  Subdivision  9  of section 394 of the vehicle and traffic
law, as separately renumbered by chapters 300 and 464  of  the  laws  of
1960, is amended to read as follows:
  9.  Employees. [No licensee shall knowingly employ, in connection with
a driving school in any capacity whatsoever, any  person  who  has  been
convicted  of  a felony, or of any crime involving violence, dishonesty,
deceit, indecency, degeneracy or moral turpitude]  A  LICENSEE  MAY  NOT
EMPLOY,  IN CONNECTION WITH A DRIVING SCHOOL IN ANY CAPACITY WHATSOEVER,
A PERSON WHO HAS BEEN CONVICTED OF A CRIME, IF,  AFTER  CONSIDERING  THE
FACTORS  SET  FORTH IN ARTICLE TWENTY-THREE-A OF THE CORRECTION LAW, THE
LICENSEE DETERMINES THAT THERE IS  A  DIRECT  RELATIONSHIP  BETWEEN  THE
CONVICTION  AND  EMPLOYMENT  IN  THE  DRIVING SCHOOL, OR THAT EMPLOYMENT
WOULD CONSTITUTE AN UNREASONABLE RISK TO PROPERTY OR TO  THE  SAFETY  OF
STUDENTS,  CUSTOMERS,  OR  EMPLOYEES  OF  THE  DRIVING SCHOOL, OR TO THE
GENERAL PUBLIC.
  § 2. This act shall take effect immediately.
  § 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 Subparts A through I of this act  shall
be as specifically set forth in the last section of such Parts.

S. 7505                            59                            A. 9505

                                 PART L

  Section  1. The executive law is amended by adding a new section 259-t
to read as follows:
  § 259-T. RELEASE ON GERIATRIC PAROLE FOR INMATES WHO ARE  AFFECTED  BY
AN  AGE-RELATED  DEBILITY.  1.  (A)  THE  BOARD  SHALL HAVE THE POWER TO
RELEASE ON GERIATRIC PAROLE ANY INMATE WHO IS AT LEAST FIFTY-FIVE  YEARS
OF AGE, SERVING AN INDETERMINATE OR DETERMINATE SENTENCE OF IMPRISONMENT
WHO,  PURSUANT TO SUBDIVISION TWO OF THIS SECTION, HAS BEEN CERTIFIED TO
BE SUFFERING FROM A CHRONIC OR SERIOUS CONDITION, DISEASE, SYNDROME,  OR
INFIRMITY,  EXACERBATED  BY  AGE,  THAT HAS RENDERED THE INMATE SO PHYS-
ICALLY OR COGNITIVELY DEBILITATED OR INCAPACITATED THAT THE  ABILITY  TO
PROVIDE  SELF-CARE  WITHIN THE ENVIRONMENT OF A CORRECTIONAL FACILITY IS
SUBSTANTIALLY DIMINISHED, PROVIDED, HOWEVER, THAT NO  INMATE  SERVING  A
SENTENCE  IMPOSED  UPON  A  CONVICTION  FOR  MURDER IN THE FIRST DEGREE,
AGGRAVATED MURDER OR AN ATTEMPT OR CONSPIRACY TO COMMIT  MURDER  IN  THE
FIRST  DEGREE  OR AGGRAVATED MURDER OR A SENTENCE OF LIFE WITHOUT PAROLE
SHALL BE ELIGIBLE FOR SUCH RELEASE, AND PROVIDED FURTHER THAT NO  INMATE
SHALL  BE  ELIGIBLE FOR SUCH RELEASE UNLESS IN THE CASE OF AN INDETERMI-
NATE SENTENCE HE OR SHE HAS SERVED AT  LEAST  ONE-HALF  OF  THE  MINIMUM
PERIOD  OF  THE SENTENCE AND IN THE CASE OF A DETERMINATE SENTENCE HE OR
SHE HAS SERVED AT LEAST ONE-HALF OF THE TERM OF HIS OR  HER  DETERMINATE
SENTENCE.  SOLELY FOR THE PURPOSE OF DETERMINING GERIATRIC PAROLE ELIGI-
BILITY PURSUANT TO THIS SECTION, SUCH ONE-HALF OF THE MINIMUM PERIOD  OF
THE  INDETERMINATE  SENTENCE AND ONE-HALF OF THE TERM OF THE DETERMINATE
SENTENCE SHALL NOT BE CREDITED WITH ANY TIME SERVED UNDER THE  JURISDIC-
TION OF THE DEPARTMENT PRIOR TO THE COMMENCEMENT OF SUCH SENTENCE PURSU-
ANT  TO THE OPENING PARAGRAPH OF SUBDIVISION ONE OF SECTION 70.30 OF THE
PENAL LAW OR SUBDIVISION TWO-A OF SECTION 70.30 OF THE PENAL LAW, EXCEPT
TO THE EXTENT AUTHORIZED BY SUBDIVISION THREE OF SECTION  70.30  OF  THE
PENAL LAW.
  (B)  SUCH  RELEASE  SHALL  BE  GRANTED  ONLY AFTER THE BOARD CONSIDERS
WHETHER, IN LIGHT OF THE INMATE'S CONDITION, THERE IS A REASONABLE PROB-
ABILITY THAT THE INMATE, IF RELEASED, WILL LIVE AND  REMAIN  AT  LIBERTY
WITHOUT  VIOLATING  THE  LAW,  AND THAT SUCH RELEASE IS NOT INCOMPATIBLE
WITH THE WELFARE OF SOCIETY AND WILL NOT SO DEPRECATE THE SERIOUSNESS OF
THE CRIME AS TO UNDERMINE RESPECT FOR THE LAW, AND SHALL BE  SUBJECT  TO
THE LIMITS AND CONDITIONS SPECIFIED IN SUBDIVISION FOUR OF THIS SECTION.
IN  MAKING THIS DETERMINATION, THE BOARD SHALL CONSIDER: (I) THE FACTORS
DESCRIBED IN SUBDIVISION TWO OF SECTION TWO HUNDRED FIFTY-NINE-I OF THIS
ARTICLE; (II) THE NATURE OF THE INMATE'S CONDITIONS, DISEASES, SYNDROMES
OR INFIRMITIES AND THE LEVEL OF CARE;  (III)  THE  AMOUNT  OF  TIME  THE
INMATE  MUST  SERVE  BEFORE  BECOMING  ELIGIBLE  FOR RELEASE PURSUANT TO
SECTION TWO HUNDRED FIFTY-NINE-I OF THIS ARTICLE; (IV) THE  CURRENT  AGE
OF  THE  INMATE AND HIS OR HER AGE AT THE TIME OF THE CRIME; AND (V) ANY
OTHER RELEVANT FACTOR.
  (C) THE BOARD  SHALL  AFFORD  NOTICE  TO  THE  SENTENCING  COURT,  THE
DISTRICT  ATTORNEY,  THE  ATTORNEY  FOR  THE INMATE AND, WHERE NECESSARY
PURSUANT TO SUBDIVISION TWO OF SECTION TWO HUNDRED FIFTY-NINE-I OF  THIS
ARTICLE,  THE  CRIME  VICTIM,  THAT  THE  INMATE IS BEING CONSIDERED FOR
RELEASE PURSUANT TO THIS SECTION AND THE PARTIES RECEIVING NOTICE  SHALL
HAVE  THIRTY  DAYS  TO  COMMENT ON THE RELEASE OF THE INMATE. RELEASE ON
GERIATRIC PAROLE SHALL NOT  BE  GRANTED  UNTIL  THE  EXPIRATION  OF  THE
COMMENT PERIOD PROVIDED FOR IN THIS PARAGRAPH.
  2.  (A)  THE  COMMISSIONER, ON THE COMMISSIONER'S OWN INITIATIVE OR AT
THE REQUEST OF AN INMATE, OR AN INMATE'S SPOUSE, RELATIVE  OR  ATTORNEY,

S. 7505                            60                            A. 9505

MAY,  IN  THE  EXERCISE OF THE COMMISSIONER'S DISCRETION, DIRECT THAT AN
INVESTIGATION BE UNDERTAKEN TO DETERMINE WHETHER AN ASSESSMENT SHOULD BE
MADE OF AN INMATE WHO APPEARS TO BE SUFFERING FROM  CHRONIC  OR  SERIOUS
CONDITIONS,  DISEASES, SYNDROMES OR INFIRMITIES, EXACERBATED BY ADVANCED
AGE THAT HAS RENDERED THE INMATE SO PHYSICALLY  OR  COGNITIVELY  DEBILI-
TATED  OR INCAPACITATED THAT THE ABILITY TO PROVIDE SELF-CARE WITHIN THE
ENVIRONMENT OF A CORRECTIONAL FACILITY IS SUBSTANTIALLY DIMINISHED.  ANY
SUCH  MEDICAL  ASSESSMENT SHALL BE MADE BY A PHYSICIAN LICENSED TO PRAC-
TICE MEDICINE IN THIS STATE PURSUANT TO SECTION SIXTY-FIVE HUNDRED TWEN-
TY-FOUR OF THE EDUCATION LAW. SUCH PHYSICIAN SHALL EITHER BE EMPLOYED BY
THE DEPARTMENT, SHALL RENDER PROFESSIONAL SERVICES AT THE REQUEST OF THE
DEPARTMENT, OR SHALL BE EMPLOYED BY A HOSPITAL OR MEDICAL FACILITY  USED
BY  THE  DEPARTMENT FOR THE MEDICAL TREATMENT OF INMATES. THE ASSESSMENT
SHALL BE REPORTED TO THE COMMISSIONER BY WAY OF THE DEPUTY  COMMISSIONER
FOR  HEALTH  SERVICES  OR  THE CHIEF MEDICAL OFFICER OF THE FACILITY AND
SHALL INCLUDE BUT SHALL NOT BE LIMITED TO A DESCRIPTION  OF  THE  CONDI-
TIONS,  DISEASES  OR  SYNDROMES  SUFFERED  BY  THE  INMATE,  A PROGNOSIS
CONCERNING THE LIKELIHOOD THAT THE INMATE WILL  NOT  RECOVER  FROM  SUCH
CONDITIONS,  DISEASES  OR SYNDROMES, A DESCRIPTION OF THE INMATE'S PHYS-
ICAL OR COGNITIVE INCAPACITY WHICH SHALL INCLUDE A PREDICTION RESPECTING
THE LIKELY DURATION OF THE INCAPACITY, AND A STATEMENT BY THE  PHYSICIAN
OF  WHETHER  THE  INMATE  IS  SO  DEBILITATED  OR INCAPACITATED AS TO BE
SEVERELY RESTRICTED IN HIS OR HER ABILITY TO SELF-AMBULATE OR TO PERFORM
SIGNIFICANT ACTIVITIES OF  DAILY  LIVING.  THIS  ASSESSMENT  ALSO  SHALL
INCLUDE  A RECOMMENDATION OF THE TYPE AND LEVEL OF SERVICES AND LEVEL OF
CARE THE INMATE WOULD REQUIRE IF GRANTED GERIATRIC PAROLE AND  A  RECOM-
MENDATION  FOR THE TYPES OF SETTINGS IN WHICH THE SERVICES AND TREATMENT
SHOULD BE GIVEN.
  (B) THE COMMISSIONER, OR THE COMMISSIONER'S DESIGNEE, SHALL REVIEW THE
ASSESSMENT AND MAY CERTIFY THAT THE INMATE IS SUFFERING FROM  A  CHRONIC
OR  SERIOUS  CONDITION,  DISEASE,  SYNDROME OR INFIRMITY, EXACERBATED BY
AGE, THAT HAS RENDERED THE INMATE SO PHYSICALLY OR  COGNITIVELY  DEBILI-
TATED  OR INCAPACITATED THAT THE ABILITY TO PROVIDE SELF-CARE WITHIN THE
ENVIRONMENT OF A CORRECTIONAL FACILITY IS SUBSTANTIALLY DIMINISHED.   IF
THE  COMMISSIONER  DOES  NOT  SO  CERTIFY  THEN  THE INMATE SHALL NOT BE
REFERRED TO THE BOARD FOR CONSIDERATION FOR RELEASE ON GERIATRIC PAROLE.
IF THE COMMISSIONER DOES SO CERTIFY, THEN THE COMMISSIONER SHALL, WITHIN
SEVEN WORKING DAYS OF RECEIPT OF SUCH ASSESSMENT, REFER  THE  INMATE  TO
THE BOARD FOR CONSIDERATION FOR RELEASE ON GERIATRIC PAROLE. HOWEVER, AN
INMATE WILL NOT BE REFERRED TO THE BOARD OF PAROLE WITH DISEASES, CONDI-
TIONS,  SYNDROMES  OR  INFIRMITIES THAT PRE-EXISTED INCARCERATION UNLESS
CERTIFIED BY A PHYSICIAN THAT SUCH DISEASES,  CONDITIONS,  SYNDROMES  OR
INFIRMITIES,  HAVE  PROGRESSED  TO  RENDER  THE  INMATE SO PHYSICALLY OR
COGNITIVELY DEBILITATED OR INCAPACITATED THAT  THE  ABILITY  TO  PROVIDE
SELF-CARE  WITHIN THE ENVIRONMENT OF A CORRECTIONAL FACILITY IS SUBSTAN-
TIALLY DIMINISHED.
  3. ANY CERTIFICATION BY THE COMMISSIONER OR THE COMMISSIONER'S  DESIG-
NEE  PURSUANT  TO  THIS  SECTION SHALL BE DEEMED A JUDICIAL FUNCTION AND
SHALL NOT BE REVIEWABLE IF DONE IN ACCORDANCE WITH LAW.
  4. (A) ONCE AN INMATE IS RELEASED ON GERIATRIC PAROLE,  THAT  RELEASEE
WILL  THEN  BE SUPERVISED BY THE DEPARTMENT PURSUANT TO PARAGRAPH (B) OF
SUBDIVISION TWO OF SECTION TWO HUNDRED FIFTY-NINE-I OF THIS ARTICLE.
  (B) THE BOARD MAY REQUIRE AS  A  CONDITION  OF  RELEASE  ON  GERIATRIC
PAROLE  THAT  THE RELEASEE AGREE TO REMAIN UNDER THE CARE OF A PHYSICIAN
WHILE ON GERIATRIC PAROLE AND IN  A  HOSPITAL  ESTABLISHED  PURSUANT  TO
ARTICLE  TWENTY-EIGHT OF THE PUBLIC HEALTH LAW, NURSING HOME ESTABLISHED

S. 7505                            61                            A. 9505

PURSUANT TO ARTICLE TWENTY-EIGHT-A OF THE PUBLIC HEALTH LAW,  A  HOSPICE
ESTABLISHED  PURSUANT  TO  ARTICLE FORTY OF THE PUBLIC HEALTH LAW OR ANY
OTHER PLACEMENT, INCLUDING A RESIDENCE WITH FAMILY OR OTHERS,  THAT  CAN
PROVIDE APPROPRIATE MEDICAL AND OTHER NECESSARY GERIATRIC CARE AS RECOM-
MENDED  BY  THE  MEDICAL  ASSESSMENT REQUIRED BY SUBDIVISION TWO OF THIS
SECTION. FOR THOSE WHO ARE RELEASED  PURSUANT  TO  THIS  SUBDIVISION,  A
DISCHARGE PLAN SHALL BE COMPLETED AND STATE THAT THE AVAILABILITY OF THE
PLACEMENT  HAS  BEEN  CONFIRMED,  AND BY WHOM. NOTWITHSTANDING ANY OTHER
PROVISION OF LAW, WHEN AN INMATE WHO QUALIFIES FOR  RELEASE  UNDER  THIS
SECTION  IS COGNITIVELY INCAPABLE OF SIGNING THE REQUISITE DOCUMENTATION
TO EFFECTUATE THE DISCHARGE PLAN AND, AFTER A DILIGENT SEARCH NO  PERSON
HAS  BEEN  IDENTIFIED  WHO  COULD OTHERWISE BE APPOINTED AS THE INMATE'S
GUARDIAN BY A COURT OF COMPETENT  JURISDICTION,  THEN,  SOLELY  FOR  THE
PURPOSE OF IMPLEMENTING THE DISCHARGE PLAN, THE FACILITY HEALTH SERVICES
DIRECTOR  AT  THE  FACILITY  WHERE  THE INMATE IS CURRENTLY INCARCERATED
SHALL BE LAWFULLY EMPOWERED TO ACT AS  THE  INMATE'S  GUARDIAN  FOR  THE
PURPOSE OF EFFECTUATING THE DISCHARGE.
  (C)  WHERE  APPROPRIATE,  THE  BOARD  SHALL  REQUIRE AS A CONDITION OF
RELEASE THAT GERIATRIC PAROLEES BE SUPERVISED ON INTENSIVE CASELOADS  AT
REDUCED SUPERVISION RATIOS.
  5.  A  DENIAL  OF  RELEASE  ON GERIATRIC PAROLE SHALL NOT PRECLUDE THE
INMATE FROM REAPPLYING FOR  GERIATRIC  PAROLE  OR  OTHERWISE  AFFECT  AN
INMATE'S ELIGIBILITY FOR ANY OTHER FORM OF RELEASE PROVIDED FOR BY LAW.
  6.  TO  THE EXTENT THAT ANY PROVISION OF THIS SECTION REQUIRES DISCLO-
SURE OF MEDICAL INFORMATION FOR THE PURPOSE OF PROCESSING AN APPLICATION
OR MAKING A DECISION, REGARDING RELEASE ON GERIATRIC PAROLE OR  FOR  THE
PURPOSE  OF  APPROPRIATELY  SUPERVISING  A  PERSON RELEASED ON GERIATRIC
PAROLE, AND THAT SUCH DISCLOSURE WOULD OTHERWISE BE PROHIBITED BY  ARTI-
CLE  TWENTY-SEVEN-F  OF  THAT  PUBLIC HEALTH LAW, THE PROVISIONS OF THIS
SECTION SHALL BE CONTROLLING.
  7. THE COMMISSIONER AND THE CHAIR OF THE BOARD SHALL BE AUTHORIZED  TO
PROMULGATE RULES AND REGULATIONS FOR THEIR RESPECTIVE AGENCIES TO IMPLE-
MENT THE PROVISIONS OF THIS SECTION.
  8.  ANY  DECISION  MADE  BY  THE BOARD PURSUANT TO THIS SECTION MAY BE
APPEALED PURSUANT TO SUBDIVISION FOUR OF SECTION  TWO    HUNDRED  FIFTY-
NINE-I OF THIS ARTICLE.
  9.  THE  CHAIR OF THE BOARD SHALL REPORT ANNUALLY TO THE GOVERNOR, THE
TEMPORARY PRESIDENT OF THE SENATE AND THE SPEAKER OF THE  ASSEMBLY,  THE
CHAIRPERSONS  OF  THE  ASSEMBLY  AND SENATE CODES COMMITTEES, THE CHAIR-
PERSON OF THE SENATE CRIME AND CORRECTIONS  COMMITTEE,  AND  THE  CHAIR-
PERSON  OF  THE ASSEMBLY CORRECTIONS COMMITTEE THE NUMBER OF INMATES WHO
HAVE APPLIED FOR GERIATRIC PAROLE UNDER THIS  SECTION;  THE  NUMBER  WHO
HAVE  BEEN  GRANTED  GERIATRIC  PAROLE; THE NATURE OF THE ILLNESS OF THE
APPLICANTS, THE COUNTIES TO WHICH THEY HAVE BEEN RELEASED AND THE NATURE
OF THE PLACEMENT PURSUANT TO  THE  DISCHARGE  PLAN;  THE  CATEGORIES  OF
REASONS FOR DENIAL FOR THOSE WHO HAVE BEEN DENIED; THE NUMBER OF RELEAS-
EES  ON  GERIATRIC  PAROLE WHO HAVE BEEN RETURNED TO IMPRISONMENT IN THE
CUSTODY OF THE DEPARTMENT AND THE REASONS FOR RETURN.
  § 2. This act shall take effect April 1, 2018.

                                 PART M

  Section 1. Paragraph (b) of subdivision 6 of section 186-f of the  tax
law,  as  amended  by  section  1 of part C of chapter 57 of the laws of
2016, is amended to read as follows:

S. 7505                            62                            A. 9505

  (b) The sum of one million  five  hundred  thousand  dollars  must  be
deposited into the New York state emergency services revolving loan fund
annually;  provided,  however, that such sums shall not be deposited for
state fiscal years two thousand eleven--two thousand twelve,  two  thou-
sand  twelve--two thousand thirteen, two thousand fourteen--two thousand
fifteen,  two  thousand  fifteen--two  thousand  sixteen,  two  thousand
sixteen--two thousand seventeen [and], two thousand seventeen--two thou-
sand  eighteen,  TWO  THOUSAND  EIGHTEEN--TWO  THOUSAND NINETEEN AND TWO
THOUSAND NINETEEN--TWO THOUSAND TWENTY;
  § 2. This act shall take effect immediately.

                                 PART N

  Section 1. The executive law is amended by adding a new section  216-e
to read as follows:
  §  216-E.  SUBPOENA  AUTHORITY  FOR  INVESTIGATIONS  OF  ONLINE SEXUAL
OFFENSES AGAINST MINORS. 1. EXCEPT AS PROVIDED  IN  SUBDIVISION  TWO  OF
THIS  SECTION,  IN ANY INVESTIGATION WHERE A MINOR IS A POTENTIAL VICTIM
OF ANY OFFENSE SPECIFIED IN ARTICLES TWO  HUNDRED  THIRTY,  TWO  HUNDRED
THIRTY-FIVE,  OR  TWO  HUNDRED  SIXTY-THREE  OF  THE PENAL LAW, AND UPON
REASONABLE CAUSE TO BELIEVE THAT AN INTERNET SERVICE ACCOUNT  OR  ONLINE
IDENTIFIER  HAS  BEEN USED IN THE COMMISSION OF SUCH OFFENSE, THE SUPER-
INTENDENT OF THE STATE POLICE  AND/OR  THE  SUPERINTENDENT'S  AUTHORIZED
DESIGNEE  SHALL  HAVE  THE AUTHORITY TO ISSUE IN WRITING AND CAUSE TO BE
SERVED AN ADMINISTRATIVE SUBPOENA REQUIRING THE  PRODUCTION  OF  RECORDS
AND  TESTIMONY  RELEVANT TO THE INVESTIGATION OF SUCH OFFENSE, INCLUDING
THE FOLLOWING INFORMATION RELATED TO THE SUBSCRIBER OR  CUSTOMER  OF  AN
INTERNET SERVICE ACCOUNT OR ONLINE IDENTIFIER:
  (A) NAME;
  (B) INTERNET USERNAME;
  (C) BILLING AND SERVICE ADDRESS;
  (D) ELECTRONIC MAIL ADDRESS;
  (E) INTERNET PROTOCOL ADDRESS;
  (F) TELEPHONE NUMBER OF ACCOUNT HOLDER;
  (G) METHOD OF ACCESS TO THE INTERNET;
  (H)  LOCAL  AND LONG DISTANCE TELEPHONE CONNECTION RECORDS, OR RECORDS
OF SESSION TIMES AND DURATIONS;
  (I) TELEPHONE OR INSTRUMENT NUMBER OR OTHER SUBSCRIBER NUMBER OR IDEN-
TITY, INCLUDING ANY TEMPORARILY ASSIGNED NETWORK ADDRESS;
  (J) ACCOUNT STATUS;
  (K) LENGTH OF SERVICE, INCLUDING START  DATE,  AND  TYPES  OF  SERVICE
UTILIZED;
  (L) MEANS AND SOURCE OF PAYMENT FOR SUCH SERVICE, INCLUDING ANY CREDIT
CARD OR BANK ACCOUNT NUMBER.
  2. THE FOLLOWING INFORMATION SHALL NOT BE SUBJECT TO DISCLOSURE PURSU-
ANT TO AN ADMINISTRATIVE SUBPOENA ISSUED UNDER THIS SECTION:
  (A) THE CONTENTS OF STORED OR IN-TRANSIT ELECTRONIC COMMUNICATIONS;
  (B)  ACCOUNT MEMBERSHIPS RELATED TO INTERNET GROUPS, NEWSGROUPS, MAIL-
ING LISTS, OR SPECIFIC AREAS OF INTEREST;
  (C) ACCOUNT PASSWORDS; AND
  (D) ACCOUNT CONTENT, INCLUDING ELECTRONIC MAIL IN  ANY  FORM,  ADDRESS
BOOKS,  CONTACTS, FINANCIAL RECORDS, WEB SURFING HISTORY, INTERNET PROXY
CONTENT, AND FILES OR OTHER DIGITAL DOCUMENTS STORED WITH THE ACCOUNT OR
PURSUANT TO USE OF THE ACCOUNT.
  § 2. This act shall take effect on the thirtieth day  after  it  shall
have become a law.

S. 7505                            63                            A. 9505

                                 PART O

  Section  1.  The  state finance law is amended by adding a new section
99-bb to read as follows:
  § 99-BB. ARMORY RENTAL ACCOUNT.  1.  NOTWITHSTANDING  SECTIONS  EIGHT,
EIGHT-A AND SEVENTY OF THIS CHAPTER OR ANY OTHER PROVISION OF LAW, RULE,
REGULATION  OR  PRACTICE TO THE CONTRARY, THERE IS HEREBY ESTABLISHED IN
THE JOINT CUSTODY OF THE STATE COMPTROLLER AND THE COMMISSIONER OF TAXA-
TION AND FINANCE AN ARMORY RENTAL ACCOUNT FUND, WHICH SHALL  CONSIST  OF
ALL  MONEYS PAID AS RENT PURSUANT TO SECTION ONE HUNDRED EIGHTY-THREE OF
THE MILITARY LAW.
  2. MONEYS WITHIN THE ARMORY RENTAL ACCOUNT SHALL BE AVAILABLE  TO  THE
ADJUTANT GENERAL FOR SERVICES AND EXPENSES OF THE OFFICE RELATING TO THE
DIRECT MAINTENANCE AND OPERATION OF ARMORIES.
  §  2.  Subdivision 5 of section 183 of the military law, as amended by
section 1 of part C of chapter 152 of the laws of 2001,  is  amended  to
read as follows:
  5.  All moneys paid as rent as provided in this section, together with
all sums paid to cover expenses of heating and lighting, shall be trans-
mitted by the officer in charge and control of the  armory  through  the
adjutant general to the state treasury for deposit to the [miscellaneous
special  revenue  fund  -  339]  AGENCIES  ENTERPRISE FUND armory rental
account.
  § 3. 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 A of chapter 55 of the laws of 2017, 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, 2019 when upon such date this act shall expire] IMME-
DIATELY;  PROVIDED  HOWEVER THAT THE AMENDMENTS MADE TO SUBDIVISION 1 OF
SECTION 221 OF THE MILITARY LAW BY SECTION TWO OF THIS ACT SHALL  EXPIRE
AND BE DEEMED REPEALED SEPTEMBER 1, 2019.
  §  4.  This act shall take effect immediately; provided, however, that
sections one and two of this act shall take effect April 1, 2018.

                                 PART P

  Section 1. Paragraph (f) of subdivision 3  of  section  30.10  of  the
criminal  procedure  law, as separately amended by chapters 3 and 320 of
the laws of 2006, is amended to read as follows:
  (f) [For purposes of a] (I) A prosecution involving a [sexual] SEXUAL-
LY RELATED FELONY offense [as defined in article one hundred  thirty  of
the  penal  law, other than a sexual offense delineated in paragraph (a)
of subdivision two of this section,] committed against a child less than
eighteen years of age, [incest in the first, second or third  degree  as
defined in sections 255.27, 255.26 and 255.25 of the penal law committed
against  a child less than eighteen years of age, or use of a child in a
sexual performance as defined in section 263.05 of the penal  law,]  MAY
BE  COMMENCED  AT  ANY TIME. FOR ALL OTHER SEXUALLY RELATED OFFENSES the
period of limitation shall not begin to run until the child has  reached
the  age  of  eighteen  or  the offense is reported to a law enforcement

S. 7505                            64                            A. 9505

agency or statewide central register of child  abuse  and  maltreatment,
whichever occurs earlier.
   (II) FOR PURPOSES OF THIS PARAGRAPH, A SEXUALLY RELATED OFFENSE SHALL
MEAN ANY OFFENSE LISTED IN ARTICLE ONE HUNDRED THIRTY, TWO HUNDRED THIR-
TY,  TWO  HUNDRED  THIRTY-FIVE,  TWO  HUNDRED FORTY-FIVE, OR TWO HUNDRED
SIXTY-THREE OF THE PENAL LAW,  OR  SECTIONS  120.70  (LURING  A  CHILD),
135.05  (UNLAWFUL  IMPRISONMENT  IN THE SECOND DEGREE), 135.10 (UNLAWFUL
IMPRISONMENT IN THE FIRST DEGREE), 240.37 (LOITERING FOR THE PURPOSES OF
ENGAGING IN A PROSTITUTION OFFENSE), 250.45  (UNLAWFUL  SURVEILLANCE  IN
THE  SECOND DEGREE), 250.50 (UNLAWFUL SURVEILLANCE IN THE FIRST DEGREE),
255.15 (BIGAMY), 255.25 (INCEST IN THE THIRD DEGREE), 255.26 (INCEST  IN
THE  SECOND DEGREE), 255.27 (INCEST IN THE FIRST DEGREE), 260.20 (UNLAW-
FULLY DEALING WITH A CHILD IN  THE  FIRST  DEGREE),  260.21  (UNLAWFULLY
DEALING  WITH  A  CHILD  IN  THE SECOND DEGREE), 260.32 (ENDANGERING THE
WELFARE OF A VULNERABLE ELDERLY PERSON, OR AN INCOMPETENT OR  PHYSICALLY
DISABLED  PERSON  IN  THE  SECOND  DEGREE),  OR  260.34 (ENDANGERING THE
WELFARE OF A VULNERABLE ELDERLY PERSON, OR AN INCOMPETENT OR  PHYSICALLY
DISABLED PERSON IN THE FIRST DEGREE) OF THE PENAL LAW.
  §  2.  Subdivision  8 of section 50-e of the general municipal law, as
amended by chapter 24 of the  laws  of  1988,  is  amended  to  read  as
follows:
  8.  Inapplicability  of  section.  (A) This section shall not apply to
claims arising under the provisions of the  workers'  compensation  law,
the  volunteer  firefighters'  benefit  law,  or the volunteer ambulance
workers' benefit law or to claims against public corporations  by  their
own infant wards.
  (B)  THIS  SECTION  SHALL  NOT  APPLY  TO ANY CLAIM MADE FOR PHYSICAL,
PSYCHOLOGICAL, OR OTHER INJURY OR CONDITION  SUFFERED  AS  A  RESULT  OF
CONDUCT  OF A DEFENDANT THAT WOULD CONSTITUTE A SEXUALLY RELATED OFFENSE
AS STATED IN SUBPARAGRAPH (II) OF PARAGRAPH (F) OF SUBDIVISION THREE  OF
SECTION  30.10  OF  THE CRIMINAL PROCEDURE LAW COMMITTED AGAINST A CHILD
LESS THAN EIGHTEEN YEARS OF AGE.
  § 3. Section 50-i of the general municipal law is amended by adding  a
new subdivision 5 to read as follows:
  5.  NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, THIS SECTION
SHALL NOT APPLY TO ANY CLAIM MADE AGAINST A CITY, COUNTY, TOWN, VILLAGE,
FIRE DISTRICT OR SCHOOL DISTRICT FOR PHYSICAL, PSYCHOLOGICAL,  OR  OTHER
INJURY  OR CONDITION SUFFERED AS A RESULT OF CONDUCT OF A DEFENDANT THAT
WOULD CONSTITUTE A SEXUALLY RELATED OFFENSE AS  STATED  IN  SUBPARAGRAPH
(II) OF PARAGRAPH (F) OF SUBDIVISION THREE OF SECTION 30.10 OF THE CRIM-
INAL PROCEDURE LAW COMMITTED AGAINST A CHILD LESS THAN EIGHTEEN YEARS OF
AGE.
  §  4. Section 10 of the court of claims act is amended by adding a new
subdivision 10 to read as follows:
  10. NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, THIS SECTION
SHALL NOT APPLY TO ANY  CLAIM  MADE  AGAINST  THE  STATE  FOR  PHYSICAL,
PSYCHOLOGICAL,  OR  OTHER  INJURY  OR  CONDITION SUFFERED AS A RESULT OF
CONDUCT OF A DEFENDANT THAT WOULD CONSTITUTE A SEXUALLY RELATED  OFFENSE
AS  STATED IN SUBPARAGRAPH (II) OF PARAGRAPH (F) OF SUBDIVISION THREE OF
SECTION 30.10 OF THE CRIMINAL PROCEDURE LAW COMMITTED  AGAINST  A  CHILD
LESS THAN EIGHTEEN YEARS OF AGE.
  § 5. Subdivision 2 of section 3813 of the education law, as amended by
chapter 346 of the laws of 1978, is amended to read as follows:
  2.  Notwithstanding anything to the contrary hereinbefore contained in
this section, no action or special proceeding founded upon tort shall be
prosecuted or maintained against  any  of  the  parties  named  in  this

S. 7505                            65                            A. 9505

section  or against any teacher or member of the supervisory or adminis-
trative staff or employee where the alleged tort was committed  by  such
teacher  or  member  or  employee  acting in the discharge of his duties
within  the  scope  of  his employment and/or under the direction of the
board of education, trustee or trustees, or governing body of the school
unless a notice of claim shall have been made and served  in  compliance
with  section  fifty-e  of the general municipal law.  Every such action
shall be commenced pursuant to the provisions of section fifty-i of  the
general  municipal  law,  PROVIDED, HOWEVER, THAT THIS SECTION SHALL NOT
APPLY TO ANY CLAIM MADE AGAINST A SCHOOL DISTRICT FOR PHYSICAL,  PSYCHO-
LOGICAL, OR OTHER INJURY OR CONDITION SUFFERED AS A RESULT OF CONDUCT OF
A  DEFENDANT  THAT WOULD CONSTITUTE A SEXUALLY RELATED OFFENSE AS STATED
IN SUBPARAGRAPH (II) OF PARAGRAPH (F) OF SUBDIVISION  THREE  OF  SECTION
30.10  OF THE CRIMINAL PROCEDURE LAW COMMITTED AGAINST A CHILD LESS THAN
EIGHTEEN YEARS OF AGE.
  § 6. Section 213-c of the civil practice law and rules,  as  added  by
chapter 3 of the laws of 2006, is amended to read as follows:
  §  213-c.  Action  by  victim of conduct constituting certain [sexual]
SEXUALLY RELATED offenses. 1. Notwithstanding any other  limitation  set
forth  in this article, a civil claim or cause of action to recover from
a defendant as hereinafter defined, for physical, psychological or other
injury or condition suffered by a person as a result of [acts]  ANY  ACT
by  such  defendant  [of  rape in the first degree as defined in section
130.35 of the penal law, or criminal sexual act in the first  degree  as
defined  in  section 130.50 of the penal law, or aggravated sexual abuse
in the first degree as defined in section 130.70 of the  penal  law,  or
course  of sexual conduct against a child in the first degree as defined
in section 130.75 of the penal law] THAT  WOULD  CONSTITUTE  A  SEXUALLY
RELATED  OFFENSE  AS  STATED  IN  SUBPARAGRAPH  (II) OF PARAGRAPH (F) OF
SUBDIVISION THREE OF SECTION 30.10 OF THE CRIMINAL PROCEDURE LAW may  be
[brought  within five years] COMMENCED WITHIN FIFTY YEARS OF THE COMMIS-
SION OF THE ACT.  As used in this section, the  term  "defendant"  shall
mean only a person who commits ANY OF the acts described in this section
or who, in a criminal proceeding, could be charged with criminal liabil-
ity  for  the  commission  of such acts pursuant to section 20.00 of the
penal law and shall not apply to any related civil  claim  or  cause  of
action  arising  from  such  acts.  Nothing  in  this  section  shall be
construed to require that a criminal charge be  brought  or  a  criminal
conviction  be  obtained  as  a  condition  of bringing a civil cause of
action or receiving a civil judgment pursuant  to  this  section  or  be
construed to require that any of the rules governing a criminal proceed-
ing be applicable to any such civil action.
  2.  IN AN ACTION BROUGHT PURSUANT TO THIS SECTION, THE BURDEN SHALL BE
ON THE PLAINTIFF TO PROVE BY A PREPONDERANCE OF THE  EVIDENCE  THAT  THE
ACTS  CONSTITUTING  THE  SEXUALLY  RELATED OFFENSE WERE COMMITTED BY THE
DEFENDANT.
  § 7. The civil practice law and rules  is  amended  by  adding  a  new
section 214-g to read as follows:
  §  214-G.  CERTAIN  CHILD  SEXUAL  ABUSE  CASES.  NOTWITHSTANDING  ANY
PROVISION OF LAW THAT IMPOSES A PERIOD OF LIMITATION  TO  THE  CONTRARY,
EVERY  CIVIL  CLAIM OR CAUSE OF ACTION BROUGHT BY A PERSON FOR PHYSICAL,
PSYCHOLOGICAL, OR OTHER INJURY OR CONDITION  SUFFERED  AS  A  RESULT  OF
CONDUCT  THAT  WOULD  CONSTITUTE A SEXUALLY RELATED OFFENSE AS STATED IN
SUBPARAGRAPH (II) OF PARAGRAPH (F) OF SUBDIVISION THREE OF SECTION 30.10
OF THE CRIMINAL PROCEDURE LAW COMMITTED AGAINST A CHILD LESS THAN  EIGH-
TEEN  YEARS  OF  AGE,  THAT  IS  BARRED AS OF THE EFFECTIVE DATE OF THIS

S. 7505                            66                            A. 9505

SECTION BECAUSE THE APPLICABLE PERIOD OF LIMITATION HAS EXPIRED IS HERE-
BY REVIVED, AND ACTION THEREON MAY BE COMMENCED ON OR  BEFORE  ONE  YEAR
AFTER THE EFFECTIVE DATE OF THIS SECTION.
  §  8.  This act shall take effect immediately; provided, however, that
the amendments to section 213-c of the civil practice law and rules made
by section six of this act shall apply to any cause of  action,  regard-
less of the date on which such cause of action accrued.

                                 PART Q

  Section  1.  Subdivision  14  of  section  3 of the alcoholic beverage
control law, as amended by chapter 330 of the laws of 1970,  is  amended
to read as follows:
  14.  "Hotel"  shall  mean  a building which is regularly used and kept
open as such in bona fide manner for the feeding and lodging of  guests,
where  all who conduct themselves properly and who are able and ready to
pay for such services are received if there be accommodations for  them.
The  term  "hotel"  shall also include an apartment hotel wherein apart-
ments are rented for fixed periods of time, either furnished  or  unfur-
nished,  where  the  keeper of such hotel regularly supplies food to the
occupants thereof [in a restaurant located in such hotel]. "Hotel" shall
also mean and include buildings (commonly called a motel) upon the  same
lot  of  land and owned or in possession under a lease in writing by the
same person or firm who maintains such  buildings  for  the  lodging  of
guests  and  supplies them with food [from a restaurant located upon the
same premises]. A HOTEL SHALL REGULARLY KEEP FOOD AVAILABLE FOR SALE  OR
SERVICE TO ITS CUSTOMERS FOR CONSUMPTION ON THE PREMISES IN THE HOTEL OR
IN A RESTAURANT OR OTHER FOOD ESTABLISHMENT LOCATED IN THE SAME BUILDING
AS  THE  HOTEL.  THE  AVAILABILITY  OF SANDWICHES, SOUPS OR OTHER FOODS,
WHETHER FRESH, PROCESSED, PRE-COOKED  OR  FROZEN,  SHALL  BE  DEEMED  IN
COMPLIANCE WITH THIS REQUIREMENT.
  §  2.  Subdivision  5  of section 64 of the alcoholic beverage control
law, as amended by chapter 258 of the laws of 1976, is amended  to  read
as follows:
  5.  No  retail  license under this section shall be granted except for
such premises as are being conducted as a bona fide hotel [provided that
a restaurant is operated in such premises], restaurant, catering  estab-
lishment, club, railroad car, vessel or aircraft being operated on regu-
larly scheduled flights by a United States certificated airline.
  § 3. This act shall take effect immediately.

                                 PART R

  Section  1. Section 3 of the alcoholic beverage control law is amended
by adding a new subdivision 6-a to read as follows:
  6-A. "BRAGGOT" SHALL MEAN A MALT  ALCOHOLIC  BEVERAGE  MADE  PRIMARILY
FROM:  HONEY;  WATER;  AND  MALT  AND/OR HOPS (I) WHICH MAY ALSO CONTAIN
FRUITS, SPICES, HERBS, GRAIN OR OTHER AGRICULTURAL  PRODUCTS;  AND  (II)
WITH  HONEY  REPRESENTING  AT  LEAST  FIFTY-ONE  PERCENT OF THE STARTING
FERMENTABLE SUGARS BY WEIGHT OF THE FINISHED PRODUCT. FOR  THE  PURPOSES
OF THIS CHAPTER, BRAGGOT SHALL BE DESIGNATED AS AND SOLD AS A BEER.
  §  2.  Section  3  of the alcoholic beverage control law is amended by
adding a new subdivision 12-aaaa to read as follows:
  12-AAAA. "FARM MEADERY" MEANS AND  INCLUDES  ANY  PLACE  OR  PREMISES,
LOCATED  ON  A  FARM IN NEW YORK STATE, IN WHICH NEW YORK STATE LABELLED
MEAD OR NEW YORK STATE LABELLED  BRAGGOT  IS  MANUFACTURED,  STORED  AND

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SOLD, OR ANY OTHER PLACE OR PREMISES IN NEW YORK STATE IN WHICH NEW YORK
STATE  LABELLED MEAD OR NEW YORK STATE LABELLED BRAGGOT IS MANUFACTURED,
STORED AND SOLD.
  §  3.  Section  3  of the alcoholic beverage control law is amended by
adding a new subdivision 19-a to read as follows:
  19-A. "MEAD" SHALL MEAN A WINE MADE PRIMARILY FROM  HONEY  AND  WATER:
(I)  WHICH  MAY ALSO CONTAIN HOPS, FRUITS, SPICES, HERBS, GRAIN OR OTHER
AGRICULTURAL PRODUCTS; AND (II) WITH HONEY REPRESENTING AT LEAST  FIFTY-
ONE PERCENT OF THE STARTING FERMENTABLE SUGARS BY WEIGHT OF THE FINISHED
PRODUCT.  THE BRAND OR TRADE NAME LABEL OWNER OF SUCH ALCOHOLIC BEVERAGE
SHALL  DESIGNATE  WHETHER  SUCH  ALCOHOLIC BEVERAGE SHALL BE SOLD AS AND
TREATED IN THE SAME MANNER AS WINE OR MEAD FOR ALL PURPOSES  UNDER  THIS
CHAPTER.    PROVIDED,  HOWEVER,  ANY MEAD CONTAINING MORE THAN EIGHT AND
ONE-HALF PER CENTUM ALCOHOL BY VOLUME SHALL BE DESIGNATED, SOLD  AS  AND
TREATED IN THE SAME MANNER AS WINE.
  §  4.  Section  3  of the alcoholic beverage control law is amended by
adding a new subdivision 20-f to read as follows:
  20-F. "NEW YORK STATE LABELED BRAGGOT" MEANS BRAGGOT MADE  EXCLUSIVELY
FROM HONEY PRODUCED IN NEW YORK STATE.
  §  5.  Section  3  of the alcoholic beverage control law is amended by
adding a new subdivision 20-g to read as follows:
  20-G. "NEW YORK STATE LABELED MEAD" MEANS MEAD MADE  EXCLUSIVELY  FROM
HONEY PRODUCED IN NEW YORK STATE.
  §  6.  The  alcoholic  beverage control law is amended by adding a new
article 6-A to read as follows:
                               ARTICLE 6-A
                   SPECIAL PROVISIONS RELATING TO MEAD
SECTION 86. FARM MEADERY LICENSE.
        87. AUTHORIZATION FOR SALE OF MEAD AND BRAGGOT BY RETAIL  LICEN-
              SEES.
        88. AUTHORIZATION  FOR  SALE  OF  MEAD  AND BRAGGOT BY WHOLESALE
              LICENSEES.
  § 86. FARM MEADERY LICENSE.  1. ANY PERSON MAY APPLY TO THE  AUTHORITY
FOR  A  FARM  MEADERY LICENSE AS PROVIDED FOR IN THIS SECTION TO PRODUCE
MEAD AND BRAGGOT WITHIN THIS STATE FOR SALE. SUCH APPLICATION  SHALL  BE
IN  WRITING  AND  VERIFIED  AND  SHALL  CONTAIN  SUCH INFORMATION AS THE
AUTHORITY SHALL REQUIRE. SUCH APPLICATION  SHALL  BE  ACCOMPANIED  BY  A
CHECK OR DRAFT FOR THE AMOUNT REQUIRED BY THIS ARTICLE FOR SUCH LICENSE.
IF  THE  AUTHORITY  GRANTS  THE APPLICATION, IT SHALL ISSUE A LICENSE IN
SUCH FORM AS SHALL BE  DETERMINED  BY  ITS  RULES.  SUCH  LICENSE  SHALL
CONTAIN  A  DESCRIPTION  OF  THE  LICENSED  PREMISES  AND IN FORM AND IN
SUBSTANCE SHALL BE A LICENSE TO THE PERSON THEREIN  SPECIFICALLY  DESIG-
NATED  TO  PRODUCE MEAD AND BRAGGOT IN THE PREMISES THEREIN SPECIFICALLY
LICENSED.   THE ANNUAL FEE FOR SUCH  A  LICENSE  SHALL  BE  SEVENTY-FIVE
DOLLARS.
  2.  A FARM MEADERY LICENSE SHALL AUTHORIZE THE HOLDER THEREOF TO OPER-
ATE A MEADERY FOR THE MANUFACTURE OF NEW YORK STATE  LABELLED  MEAD  AND
NEW YORK STATE LABELLED BRAGGOT. SUCH A LICENSE SHALL ALSO AUTHORIZE THE
LICENSEE TO:
  (A)  SELL  IN BULK MEAD OR BRAGGOT MANUFACTURED BY THE LICENSEE TO ANY
PERSON LICENSED TO MANUFACTURE ALCOHOLIC BEVERAGES IN THIS STATE OR TO A
PERMITTEE ENGAGED IN THE MANUFACTURE OF PRODUCTS  WHICH  ARE  UNFIT  FOR
BEVERAGE USE;
  (B)  SELL  OR  DELIVER MEAD OR BRAGGOT MANUFACTURED BY THE LICENSEE TO
PERSONS OUTSIDE THE STATE PURSUANT TO THE LAWS  OF  THE  PLACE  OF  SUCH
DELIVERY;

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  (C)  SELL MEAD MANUFACTURED BY THE LICENSEE TO WHOLESALERS AND RETAIL-
ERS LICENSED IN THIS STATE TO SELL SUCH MEAD, LICENSED FARM  DISTILLERS,
LICENSED  FARM  WINERIES,  LICENSED  WINERIES,  LICENSED FARM BREWERIES,
LICENSED FARM CIDERIES AND ANY OTHER LICENSED  FARM  MEADERY.  ALL  SUCH
MEAD  SOLD  BY  THE  LICENSEE SHALL BE SECURELY SEALED AND HAVE ATTACHED
THERETO A LABEL AS SHALL BE REQUIRED BY SECTION ONE HUNDRED  SEVEN-A  OF
THIS CHAPTER;
  (D)  SELL  BRAGGOT  MANUFACTURED  BY  THE  LICENSEE TO WHOLESALERS AND
RETAILERS LICENSED IN THIS STATE TO SELL BEER, LICENSED FARM DISTILLERS,
LICENSED FARM WINERIES, LICENSED  BREWERIES,  LICENSED  FARM  BREWERIES,
LICENSED  FARM  CIDERIES  AND  ANY OTHER LICENSED FARM MEADERY. ALL SUCH
BRAGGOT SOLD BY THE LICENSEE SHALL BE SECURELY SEALED AND HAVE  ATTACHED
THERETO  A  LABEL AS SHALL BE REQUIRED BY SECTION ONE HUNDRED SEVEN-A OF
THIS CHAPTER;
  (E) OPERATE, OR USE THE  SERVICES  OF,  A  CUSTOM  CRUSH  FACILITY  AS
DEFINED IN SUBDIVISION NINE-A OF SECTION THREE OF THIS CHAPTER;
  (F)  AT THE LICENSED PREMISES, CONDUCT TASTINGS OF, AND SELL AT RETAIL
FOR CONSUMPTION ON OR OFF THE LICENSED  PREMISES,  ANY  NEW  YORK  STATE
LABELED  MEAD,  NEW  YORK  STATE LABELED BRAGGOT, NEW YORK STATE LABELED
BEER, NEW YORK STATE LABELED CIDER, NEW YORK STATE LABELED LIQUOR OR NEW
YORK STATE LABELED WINE. PROVIDED, HOWEVER, FOR TASTINGS AND  SALES  FOR
ON-PREMISES  CONSUMPTION,  THE LICENSEE SHALL REGULARLY KEEP FOOD AVAIL-
ABLE FOR SALE OR SERVICE TO ITS RETAIL CUSTOMERS FOR CONSUMPTION ON  THE
PREMISES.  A LICENSEE PROVIDING THE FOLLOWING SHALL BE DEEMED IN COMPLI-
ANCE WITH THIS PROVISION: (I) SANDWICHES, SOUPS  OR  OTHER  SUCH  FOODS,
WHETHER  FRESH,  PROCESSED, PRE-COOKED OR FROZEN; AND/OR (II) FOOD ITEMS
INTENDED TO COMPLEMENT THE TASTING OF ALCOHOLIC BEVERAGES,  WHICH  SHALL
MEAN A DIVERSIFIED SELECTION OF FOOD THAT IS ORDINARILY CONSUMED WITHOUT
THE  USE OF TABLEWARE AND CAN BE CONVENIENTLY CONSUMED WHILE STANDING OR
WALKING, INCLUDING BUT NOT  LIMITED  TO:  CHEESES,  FRUITS,  VEGETABLES,
CHOCOLATES, BREADS, MUSTARDS AND CRACKERS. ALL OF THE PROVISIONS OF THIS
CHAPTER  RELATIVE  TO  LICENSEES  SELLING  ALCOHOLIC BEVERAGES AT RETAIL
SHALL APPLY;
  (G) OPERATE A RESTAURANT, HOTEL, CATERING ESTABLISHMENT, OR OTHER FOOD
AND DRINKING ESTABLISHMENT IN OR ADJACENT TO THE LICENSED  PREMISES  AND
SELL  AT  SUCH PLACE, AT RETAIL FOR CONSUMPTION ON THE PREMISES, ANY NEW
YORK STATE LABELED MEAD, NEW YORK STATE LABELED BRAGGOT, NEW YORK  STATE
LABELED  BEER,  NEW  YORK  STATE  LABELED  CIDER, NEW YORK STATE LABELED
LIQUOR OR NEW YORK STATE LABELED WINE. ALL OF  THE  PROVISIONS  OF  THIS
CHAPTER  RELATIVE  TO  LICENSEES  SELLING  ALCOHOLIC BEVERAGES AT RETAIL
SHALL APPLY. NOTWITHSTANDING ANY OTHER PROVISION OF  LAW,  THE  LICENSED
FARM MEADERY MAY APPLY TO THE AUTHORITY FOR A LICENSE UNDER THIS CHAPTER
TO SELL OTHER ALCOHOLIC BEVERAGES AT RETAIL FOR CONSUMPTION ON THE PREM-
ISES AT SUCH ESTABLISHMENT; AND
  (H)  STORE  AND  SELL  GIFT ITEMS IN A TAX-PAID ROOM UPON THE LICENSED
PREMISES INCIDENTAL TO THE SALE OF MEAD AND BRAGGOT.  THESE  GIFT  ITEMS
SHALL BE LIMITED TO THE FOLLOWING CATEGORIES: (I) NON-ALCOHOLIC BEVERAG-
ES  FOR  CONSUMPTION  ON  OR  OFF PREMISES, INCLUDING BUT NOT LIMITED TO
BOTTLED WATER, JUICE AND SODA BEVERAGES; (II) FOOD ITEMS FOR THE PURPOSE
OF COMPLEMENTING MEAD TASTINGS, SHALL MEAN A  DIVERSIFIED  SELECTION  OF
FOOD  WHICH  IS ORDINARILY CONSUMED WITHOUT THE USE OF TABLEWARE AND CAN
CONVENIENTLY BE CONSUMED WHILE STANDING OR WALKING;  (III)  FOOD  ITEMS,
WHICH  SHALL INCLUDE LOCALLY PRODUCED FARM PRODUCTS AND ANY FOOD OR FOOD
PRODUCT NOT SPECIFICALLY PREPARED FOR  IMMEDIATE  CONSUMPTION  UPON  THE
PREMISES;  (IV)  MEAD  AND BRAGGOT SUPPLIES AND ACCESSORIES, WHICH SHALL
INCLUDE ANY ITEM UTILIZED FOR THE STORAGE,  SERVING  OR  CONSUMPTION  OF

S. 7505                            69                            A. 9505

MEAD  AND  BRAGGOT OR FOR DECORATIVE PURPOSES; (V) SOUVENIR ITEMS, WHICH
SHALL INCLUDE, BUT NOT BE LIMITED TO ARTWORK, CRAFTS, CLOTHING, AGRICUL-
TURAL PRODUCTS AND ANY OTHER ARTICLES WHICH CAN BE CONSTRUED  TO  PROPA-
GATE  TOURISM WITHIN THE REGION; AND (VI) MEAD-MAKING AND BRAGGOT-MAKING
EQUIPMENT.
  3. A LICENSED FARM MEADERY MAY ENGAGE IN ANY  OTHER  BUSINESS  ON  THE
LICENSED  PREMISES  SUBJECT  TO SUCH RULES AND REGULATIONS AS THE LIQUOR
AUTHORITY MAY PRESCRIBE. IN PRESCRIBING SUCH RULES AND REGULATIONS,  THE
LIQUOR  AUTHORITY  SHALL PROMOTE THE EXPANSION AND PROFITABILITY OF MEAD
AND BRAGGOT PRODUCTION AND OF TOURISM IN NEW YORK, THEREBY PROMOTING THE
CONSERVATION, PRODUCTION AND ENHANCEMENT OF NEW YORK STATE  AGRICULTURAL
LANDS.  FURTHER,  SUCH RULES AND REGULATIONS SHALL DETERMINE WHICH BUSI-
NESSES WILL BE COMPATIBLE WITH THE POLICY AND PURPOSES OF  THIS  CHAPTER
AND  SHALL CONSIDER THE EFFECT OF PARTICULAR BUSINESSES ON THE COMMUNITY
AND AREA IN THE VICINITY OF THE FARM MEADERY LICENSEE.
  4. NOTWITHSTANDING ANY PROVISION OF THIS CHAPTER TO THE CONTRARY,  ANY
FARM MEADERY LICENSEE MAY CHARGE FOR TOURS OF ITS PREMISES.
  5. THE HOLDER OF A LICENSE ISSUED UNDER THIS SECTION MAY OPERATE UP TO
FIVE  BRANCH  OFFICES  LOCATED AWAY FROM THE LICENSED FARM MEADERY. SUCH
LOCATIONS SHALL BE CONSIDERED PART OF  THE  LICENSED  PREMISES  AND  ALL
ACTIVITIES  ALLOWED  AT AND LIMITED TO THE FARM MEADERY MAY BE CONDUCTED
AT THE BRANCH OFFICES. SUCH BRANCH OFFICES SHALL NOT BE LOCATED  WITHIN,
SHARE  A  COMMON  ENTRANCE AND EXIT WITH, OR HAVE ANY INTERIOR ACCESS TO
ANY OTHER BUSINESS, INCLUDING PREMISES LICENSED TO SELL ALCOHOLIC BEVER-
AGES AT RETAIL. PRIOR TO COMMENCING OPERATION OF ANY SUCH BRANCH OFFICE,
THE LICENSEE SHALL NOTIFY THE AUTHORITY OF THE LOCATION OF  SUCH  BRANCH
OFFICE AND THE AUTHORITY MAY ISSUE A PERMIT FOR THE OPERATION OF SAME.
  6.  (A)  NO  FARM  MEADERY  SHALL MANUFACTURE IN EXCESS OF TWO HUNDRED
FIFTY THOUSAND GALLONS OF MEAD AND/OR BRAGGOT ANNUALLY.
  (B) A LICENSED FARM MEADERY SHALL PRODUCE AT LEAST  FIFTY  GALLONS  OF
MEAD AND/OR BRAGGOT ANNUALLY.
  7.  NO  LICENSED FARM MEADERY SHALL MANUFACTURE OR SELL ANY MEAD OTHER
THAN NEW YORK STATE LABELLED MEAD.
  8. NO LICENSED FARM MEADERY SHALL  MANUFACTURE  OR  SELL  ANY  BRAGGOT
OTHER THAN NEW YORK STATE LABELLED BRAGGOT.
  9.  THE  AUTHORITY  IS HEREBY AUTHORIZED TO PROMULGATE RULES AND REGU-
LATIONS TO EFFECTUATE THE PURPOSES OF THIS SECTION. IN PRESCRIBING  SUCH
RULES  AND  REGULATIONS,  THE  AUTHORITY SHALL PROMOTE THE EXPANSION AND
PROFITABILITY OF MEAD PRODUCTION AND OF TOURISM  IN  NEW  YORK,  THEREBY
PROMOTING THE CONSERVATION, PRODUCTION AND ENHANCEMENT OF NEW YORK STATE
AGRICULTURAL LANDS.
  §  87. AUTHORIZATION FOR SALE OF MEAD AND BRAGGOT BY RETAIL LICENSEES.
1. EACH RETAIL LICENSEE UNDER THIS CHAPTER  SHALL  HAVE  THE  RIGHT,  BY
VIRTUE  OF  HIS LICENSE AND WITHOUT BEING REQUIRED TO PAY ANY ADDITIONAL
FEE FOR THE PRIVILEGE, TO SELL AT RETAIL FOR CONSUMPTION ON OR  OFF  THE
PREMISES,  AS  THE  CASE MAY BE, MEAD WHICH HAS NOT BEEN DESIGNATED AS A
WINE PURSUANT TO SUBDIVISION NINETEEN-A OF SECTION THREE OF THIS CHAPTER
AND WHICH HAS BEEN PURCHASED FROM A PERSON LICENSED TO PRODUCE  OR  SELL
MEAD AT WHOLESALE UNDER THIS CHAPTER.
  2.  EACH  RETAIL  LICENSEE  AUTHORIZED TO SELL WINE UNDER THIS CHAPTER
SHALL HAVE THE RIGHT,  BY  VIRTUE  OF  HIS  LICENSE  AND  WITHOUT  BEING
REQUIRED  TO PAY ANY ADDITIONAL FEE FOR THE PRIVILEGE, TO SELL AT RETAIL
FOR CONSUMPTION ON OR OFF THE PREMISES, AS THE CASE MAY BE,  MEAD  WHICH
HAS  BEEN  DESIGNATED  AS  A  WINE PURSUANT TO SUBDIVISION NINETEEN-A OF
SECTION THREE OF THIS CHAPTER AND WHICH HAS BEEN PURCHASED FROM A PERSON
LICENSED TO PRODUCE OR SELL MEAD AT WHOLESALE UNDER THIS CHAPTER.

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  3. EACH RETAIL LICENSEE AUTHORIZED TO SELL  BEER  UNDER  THIS  CHAPTER
SHALL  HAVE  THE  RIGHT,  BY  VIRTUE  OF  HIS  LICENSE AND WITHOUT BEING
REQUIRED TO PAY ANY ADDITIONAL FEE FOR THE PRIVILEGE, TO SELL AT  RETAIL
FOR  CONSUMPTION  ON  OR  OFF  THE PREMISES, AS THE CASE MAY BE, BRAGGOT
WHICH HAS BEEN PURCHASED FROM A PERSON LICENSED TO PRODUCE OR SELL BRAG-
GOT AT WHOLESALE UNDER THIS CHAPTER.
  §  88.  AUTHORIZATION FOR SALE OF MEAD AND BRAGGOT BY WHOLESALE LICEN-
SEES.  1. EACH WHOLESALE LICENSEE AUTHORIZED TO  SELL  BEER  UNDER  THIS
CHAPTER SHALL HAVE THE RIGHT, BY VIRTUE OF ITS LICENSE AND WITHOUT BEING
REQUIRED  TO PAY ANY ADDITIONAL FEE FOR THE PRIVILEGE, TO SELL AT WHOLE-
SALE:  (A) BRAGGOT PURCHASED FROM A PERSON LICENSED TO  PRODUCE  BRAGGOT
UNDER  THIS  CHAPTER. SUCH BRAGGOT SHALL BE SUBJECT TO THE PROVISIONS OF
THIS CHAPTER REGARDING THE TASTING AND SALE OF  BEER  AT  WHOLESALE  AND
RETAIL; OR
  (B)  MEAD  PURCHASED  FROM A PERSON LICENSED TO PRODUCE MEAD AND WHICH
HAS NOT BEEN DESIGNATED AS WINE PURSUANT TO  SUBDIVISION  NINETEEN-A  OF
SECTION  THREE  OF  THIS  CHAPTER.  SUCH  MEAD  SHALL  BE SUBJECT TO THE
PROVISIONS OF THIS CHAPTER REGARDING THE TASTING AND  SALE  OF  BEER  AT
WHOLESALE AND RETAIL.
  2.  EACH WHOLESALE LICENSEE AUTHORIZED TO SELL WINE UNDER THIS CHAPTER
SHALL HAVE THE RIGHT,  BY  VIRTUE  OF  ITS  LICENSE  AND  WITHOUT  BEING
REQUIRED  TO PAY ANY ADDITIONAL FEE FOR THE PRIVILEGE, TO SELL AT WHOLE-
SALE MEAD PURCHASED FROM A PERSON LICENSED TO PRODUCE MEAD AND WHICH HAS
BEEN DESIGNATED AS WINE PURSUANT TO SUBDIVISION  NINETEEN-A  OF  SECTION
THREE  OF THIS CHAPTER.  SUCH MEAD SHALL BE SUBJECT TO THE PROVISIONS OF
THIS CHAPTER REGARDING THE TASTING AND SALE OF  WINE  AT  WHOLESALE  AND
RETAIL.
  §  7.  Subdivision  3  of section 17 of the alcoholic beverage control
law, as amended by section 3 of chapter 297 of  the  laws  of  2016,  is
amended to read as follows:
  3. To revoke, cancel or suspend for cause any license or permit issued
under  this  chapter  and/or to impose a civil penalty for cause against
any holder of a license or permit issued pursuant to this  chapter.  Any
civil  penalty  so  imposed  shall  not  exceed  the sum of ten thousand
dollars as against the holder of any retail permit  issued  pursuant  to
sections  ninety-five,  ninety-seven,  ninety-eight,  ninety-nine-d, and
paragraph f of subdivision one of section ninety-nine-b of this chapter,
and as against the holder of  any  retail  license  issued  pursuant  to
sections  fifty-three-a,  fifty-four,  fifty-four-a,  fifty-five, fifty-
five-a,    sixty-three,    sixty-four,    sixty-four-a,    sixty-four-b,
sixty-four-c,  seventy-six-f,  seventy-nine, eighty-one and eighty-one-a
of this chapter, and the sum of thirty thousand dollars as  against  the
holder  of  a  license  issued  pursuant to sections fifty-three, FIFTY-
EIGHT, FIFTY-EIGHT-C, sixty-one-a,  sixty-one-b,  seventy-six,  seventy-
six-a, [and] seventy-eight AND EIGHTY-SIX of this chapter, provided that
the  civil  penalty  against  the  holder  of a wholesale license issued
pursuant to section fifty-three of this chapter shall not exceed the sum
of ten thousand dollars where that licensee violates provisions of  this
chapter  during the course of the sale of beer at retail to a person for
consumption at home, and the sum of  one  hundred  thousand  dollars  as
against the holder of any license issued pursuant to sections fifty-one,
sixty-one,  and  sixty-two of this chapter. Any civil penalty so imposed
shall be in addition to and  separate  and  apart  from  the  terms  and
provisions  of  the bond required pursuant to section one hundred twelve
of this chapter. Provided that no appeal is pending on the imposition of
such civil penalty, in the event such civil penalty imposed by the divi-

S. 7505                            71                            A. 9505

sion remains unpaid, in whole or in  part,  more  than  forty-five  days
after  written  demand  for payment has been sent by first class mail to
the address of the licensed premises,  a  notice  of  impending  default
judgment  shall be sent by first class mail to the licensed premises and
by first class mail to the last known home address  of  the  person  who
signed  the  most  recent  license  application. The notice of impending
default judgment shall advise the licensee: (a) that a civil penalty was
imposed on the licensee; (b) the date the penalty was imposed;  (c)  the
amount  of  the  civil penalty; (d) the amount of the civil penalty that
remains unpaid as of the date of the  notice;  (e)  the  violations  for
which  the civil penalty was imposed; and (f) that a judgment by default
will be entered in the supreme court of the county in which the licensed
premises are located, or other court of civil jurisdiction or any  other
place  provided for the entry of civil judgments within the state of New
York unless the division receives full payment of  all  civil  penalties
due  within  twenty  days of the date of the notice of impending default
judgment. If full payment shall not have been received by  the  division
within  thirty  days of mailing of the notice of impending default judg-
ment, the division shall proceed to enter with such court a statement of
the default judgment containing the amount of the penalty  or  penalties
remaining  due  and unpaid, along with proof of mailing of the notice of
impending default judgment. The filing of such judgment shall  have  the
full  force  and  effect  of  a default judgment duly docketed with such
court pursuant to the civil practice law and  rules  and  shall  in  all
respects  be  governed  by  that chapter and may be enforced in the same
manner and with the same effect as that provided by law  in  respect  to
execution issued against property upon judgments of a court of record. A
judgment entered pursuant to this subdivision shall remain in full force
and effect for eight years notwithstanding any other provision of law.
  §  8.  Subdivision  3  of section 17 of the alcoholic beverage control
law, as amended by section 4 of chapter 297 of  the  laws  of  2016,  is
amended to read as follows:
  3. To revoke, cancel or suspend for cause any license or permit issued
under  this  chapter  and/or to impose a civil penalty for cause against
any holder of a license or permit issued pursuant to this  chapter.  Any
civil  penalty  so  imposed  shall  not  exceed  the sum of ten thousand
dollars as against the holder of any retail permit  issued  pursuant  to
sections  ninety-five,  ninety-seven,  ninety-eight,  ninety-nine-d, and
paragraph f of subdivision one of section ninety-nine-b of this chapter,
and as against the holder of  any  retail  license  issued  pursuant  to
sections  fifty-three-a,  fifty-four,  fifty-four-a,  fifty-five, fifty-
five-a,    sixty-three,    sixty-four,    sixty-four-a,    sixty-four-b,
sixty-four-c,  seventy-six-f, seventy-nine, eighty-one, and eighty-one-a
of this chapter, and the sum of thirty thousand dollars as  against  the
holder  of  a  license  issued  pursuant to sections fifty-three, FIFTY-
EIGHT, FIFTY-EIGHT-C, sixty-one-a,  sixty-one-b,  seventy-six,  seventy-
six-a [and], seventy-eight AND EIGHTY-SIX of this chapter, provided that
the  civil  penalty  against  the  holder  of a wholesale license issued
pursuant to section fifty-three of this chapter shall not exceed the sum
of ten thousand dollars where that licensee violates provisions of  this
chapter  during the course of the sale of beer at retail to a person for
consumption at home, and the sum of  one  hundred  thousand  dollars  as
against the holder of any license issued pursuant to sections fifty-one,
sixty-one  and  sixty-two of this chapter.  Any civil penalty so imposed
shall be in addition to and  separate  and  apart  from  the  terms  and
provisions  of  the bond required pursuant to section one hundred twelve

S. 7505                            72                            A. 9505

of this chapter. Provided that no appeal is pending on the imposition of
such civil penalty, in the event such civil penalty imposed by the divi-
sion remains unpaid, in whole or in  part,  more  than  forty-five  days
after  written  demand  for payment has been sent by first class mail to
the address of the licensed premises,  a  notice  of  impending  default
judgment  shall be sent by first class mail to the licensed premises and
by first class mail to the last known home address  of  the  person  who
signed  the  most  recent  license  application. The notice of impending
default judgment shall advise the licensee: (a) that a civil penalty was
imposed on the licensee; (b) the date the penalty was imposed;  (c)  the
amount  of  the  civil penalty; (d) the amount of the civil penalty that
remains unpaid as of the date of the  notice;  (e)  the  violations  for
which  the civil penalty was imposed; and (f) that a judgment by default
will be entered in the supreme court of the county in which the licensed
premises are located, or other court of civil jurisdiction, or any other
place provided for the entry of civil judgments within the state of  New
York  unless  the  division receives full payment of all civil penalties
due within twenty days of the date of the notice  of  impending  default
judgment.  If  full payment shall not have been received by the division
within thirty days of mailing of the notice of impending  default  judg-
ment, the division shall proceed to enter with such court a statement of
the  default  judgment containing the amount of the penalty or penalties
remaining due and unpaid, along with proof of mailing of the  notice  of
impending  default  judgment. The filing of such judgment shall have the
full force and effect of a default  judgment  duly  docketed  with  such
court  pursuant  to  the  civil  practice law and rules and shall in all
respects be governed by that chapter and may be  enforced  in  the  same
manner  and  with  the same effect as that provided by law in respect to
execution issued against property upon judgments of a court of record. A
judgment entered pursuant to this subdivision shall remain in full force
and effect for eight years notwithstanding any other provision of law.
  § 9. Paragraphs (a), (b), (c), (d), (e), (f), (g), (h), (i) and (l) of
subdivision 2 of section 51-a of the  alcoholic  beverage  control  law,
paragraphs  (a), (b), (c), (f), (h), (i) and (l) as added by chapter 108
of the laws of 2012, paragraph (d) as amended by chapter 384 of the laws
of 2013, paragraph (e) as amended by chapter 328 of the  laws  of  2016,
paragraph  (g)  as amended by chapter 431 of the laws of 2014, and para-
graph (l) as relettered by chapter 384 of the laws of 2013, are  amended
to read as follows:
  (a)  manufacture  New  York  state  labelled  cider AND NEW YORK STATE
LABELED BRAGGOT;
  (b) sell in bulk [beer and cider] ALCOHOLIC BEVERAGES manufactured  by
the  licensee  to any person licensed to manufacture alcoholic beverages
in this state or to a permittee engaged in the manufacture  of  products
which are unfit for beverage use;
  (c)  sell or deliver [beer and cider] ALCOHOLIC BEVERAGES manufactured
by the licensee to persons outside the state pursuant to the laws of the
place of such delivery;
  (d) sell [beer and cider]  ALCOHOLIC  BEVERAGES  manufactured  by  the
licensee  to  wholesalers  and  retailers licensed in this state to sell
such [beer and cider] ALCOHOLIC  BEVERAGES,  licensed  farm  distillers,
licensed  farm wineries, licensed farm cideries, LICENSED FARM MEADERIES
and any other licensed farm brewery. All such [beer and cider] ALCOHOLIC
BEVERAGES sold by  the  licensee  shall  be  securely  sealed  and  have
attached  thereto  a  label  as shall be required by section one hundred
seven-a of this chapter;

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  (e) sell at the licensed premises [beer and cider] ALCOHOLIC BEVERAGES
manufactured by the licensee or any other licensed  farm  brewery[,  and
wine  and  spirits  manufactured  by  any  licensed  farm winery or farm
distillery, at retail for consumption on or off the licensed premises];
  (f)  conduct  tastings  at  the  licensed premises of [beer and cider]
ALCOHOLIC BEVERAGES manufactured by the licensee or any  other  licensed
farm brewery;
  (g) operate a restaurant, hotel, catering establishment, or other food
and  drinking  establishment in or adjacent to the licensed premises and
sell at such place, at retail for consumption on the premises, [beer and
cider] ALCOHOLIC BEVERAGES manufactured by the licensee and any New York
state labeled beer, NEW YORK STATE LABELED BRAGGOT  or  New  York  state
labeled  cider.  All  of  the  provisions  of  this  chapter relative to
licenses to sell [beer] ALCOHOLIC BEVERAGES at retail for consumption on
and off the premises shall apply so far as applicable to such  licensee.
Notwithstanding  any  other  provision of law, the licensed farm brewery
may apply to the authority for a license  under  this  chapter  to  sell
other  alcoholic  beverages at retail for consumption on the premises at
such establishment;
  (h) sell [beer and cider]  ALCOHOLIC  BEVERAGES  manufactured  by  the
licensee  or  any  other licensed farm brewery at retail for consumption
off the premises, at the state fair, at recognized county fairs  and  at
farmers markets operated on a not-for-profit basis;
  (i)  conduct  tastings  of  and sell at retail for consumption off the
premises New York  state  labelled  wine  AND  MEAD  manufactured  by  a
[licensed  winery  or  licensed  farm winery] PERSON LICENSED TO PRODUCE
WINE OR MEAD UNDER THIS CHAPTER;
  (l) CONDUCT TASTINGS OF AND SELL AT RETAIL  FOR  CONSUMPTION  OFF  THE
PREMISES  NEW  YORK  STATE  LABELLED  BRAGGOT  MANUFACTURED  BY A PERSON
LICENSED TO PRODUCE BRAGGOT UNDER THIS CHAPTER; AND
  (M) engage in any other business on the licensed premises  subject  to
such  rules  and  regulations as the authority may prescribe. Such rules
and regulations shall determine which businesses will be compatible with
the policy and purposes of this chapter and shall consider the effect of
particular businesses on the community and area in the vicinity  of  the
farm brewery licensee.
  § 10. Paragraph (a) and subparagraph (ii) of paragraph (b) of subdivi-
sion  3  of section 51-a of the alcoholic beverage control law, as added
by chapter 108 of the laws of 2012, are amended to read as follows:
  (a) A farm brewery licensee may apply for a permit to conduct tastings
away from the licensed premises of [beer and cider] ALCOHOLIC  BEVERAGES
produced  by  the  licensee.  Such  permit shall be valid throughout the
state and may be issued on an annual basis  or  for  individual  events.
Each such permit and the exercise of the privilege granted thereby shall
be  subject  to  such  rules and conditions of the authority as it deems
necessary.
  (ii) any liability stemming from a right of action  resulting  from  a
tasting  of [beer or cider] ALCOHOLIC BEVERAGES as authorized herein and
in accordance with the provisions of sections 11-100 and 11-101  of  the
general obligations law, shall accrue to the farm brewery.
  §  11. Subdivision 4 of section 51-a of the alcoholic beverage control
law, as added by chapter 108 of the laws of 2012, is amended to read  as
follows:
  4. A licensed farm brewery holding a tasting permit issued pursuant to
subdivision  three  of  this  section  may  apply to the authority for a
permit to sell [beer and cider] ALCOHOLIC  BEVERAGES  produced  by  such

S. 7505                            74                            A. 9505

farm  brewery,  by the bottle, during such tastings in premises licensed
under sections sixty-four, sixty-four-a, eighty-one and eighty-one-a  of
this chapter.  Each such permit and the exercise of the privilege grant-
ed thereby shall be subject to such rules and conditions of the authori-
ty as it deems necessary.
  § 12. Subdivision 10 of section 51-a of the alcoholic beverage control
law,  as  amended by chapter 431 of the laws of 2014, is amended to read
as follows:
  10. (a) No farm brewery shall manufacture in  excess  of  seventy-five
thousand  finished barrels of [beer and cider] ALCOHOLIC BEVERAGES annu-
ally.
  (b) A farm brewery shall manufacture at least fifty barrels  of  [beer
and cider] ALCOHOLIC BEVERAGES annually.
  §  13.  Subdivisions 1 and 2 of section 56-a of the alcoholic beverage
control law, as amended by chapter 422 of the laws of 2016, are  amended
to read as follows:
  1.  In addition to the annual fees provided for in this chapter, there
shall be paid to the authority  with  each  initial  application  for  a
license  filed  pursuant  to  section fifty-one, fifty-one-a, fifty-two,
fifty-three,  fifty-eight,  fifty-eight-c,   fifty-eight-d,   sixty-one,
sixty-two,  seventy-six, seventy-seven [or], seventy-eight OR EIGHTY-SIX
of this chapter, a filing fee of four hundred dollars; with each initial
application for a license filed pursuant to section sixty-three,  sixty-
four,  sixty-four-a or sixty-four-b of this chapter, a filing fee of two
hundred dollars; with each  initial  application  for  a  license  filed
pursuant to section fifty-three-a, fifty-four, fifty-five, fifty-five-a,
seventy-nine,  eighty-one  or eighty-one-a of this chapter, a filing fee
of one hundred dollars; with each initial application for a permit filed
pursuant to section ninety-one, ninety-one-a, ninety-two,  ninety-two-a,
ninety-three, ninety-three-a, if such permit is to be issued on a calen-
dar year basis, ninety-four, ninety-five, ninety-six or ninety-six-a, or
pursuant  to  paragraph b, c, e or j of subdivision one of section nine-
ty-nine-b of this chapter if such permit is to be issued on  a  calendar
year  basis,  or  for  an additional bar pursuant to subdivision four of
section one hundred of this chapter, a filing fee of twenty dollars; and
with each application for a permit under section ninety-three-a of  this
chapter,  other  than  a  permit  to be issued on a calendar year basis,
section ninety-seven, ninety-eight,  ninety-nine,  or  ninety-nine-b  of
this  chapter, other than a permit to be issued pursuant to paragraph b,
c, e or j of subdivision one of section ninety-nine-b of this chapter on
a calendar year basis, a filing fee of ten dollars.
  2. In addition to the annual fees provided for in this chapter,  there
shall  be  paid  to  the  authority  with each renewal application for a
license filed pursuant to  section  fifty-one,  fifty-one-a,  fifty-two,
fifty-three,   fifty-eight,   fifty-eight-c,  fifty-eight-d,  sixty-one,
sixty-two, seventy-six, seventy-seven [or], seventy-eight OR  EIGHTY-SIX
of  this chapter, a filing fee of one hundred dollars; with each renewal
application for a license filed pursuant to section sixty-three,  sixty-
four,  sixty-four-a  or  sixty-four-b  of  this chapter, a filing fee of
ninety dollars; with each renewal application for a license filed pursu-
ant to section seventy-nine, eighty-one or eighty-one-a of this chapter,
a filing fee of twenty-five dollars; and with each  renewal  application
for  a license or permit filed pursuant to section fifty-three-a, fifty-
four, fifty-five, fifty-five-a,  ninety-one,  ninety-one-a,  ninety-two,
ninety-two-a,  ninety-three, ninety-three-a, if such permit is issued on
a calendar year basis, ninety-four, ninety-five, ninety-six  or  ninety-

S. 7505                            75                            A. 9505

six-a  of this chapter or pursuant to paragraph b, c, e or j of subdivi-
sion one of section ninety-nine-b, if such permit is issued on a  calen-
dar  year  basis, or with each renewal application for an additional bar
pursuant  to  subdivision four of section one hundred of this chapter, a
filing fee of thirty dollars.
  § 14.  Paragraph (j) of subdivision 2 of section 58-c of the alcoholic
beverage control law, as amended by chapter 327 of the laws of 2016,  is
amended  and  two  new  paragraphs  (j-1) and (j-2) are added to read as
follows:
  (j) conduct tastings of and sell at retail for consumption on  or  off
the  premises  New York state labelled liquor manufactured by a licensed
distiller or licensed farm distiller; provided, however, that no consum-
er may be provided, directly or indirectly: (i)  with  more  than  three
samples of liquor for tasting in one calendar day; or (ii) with a sample
of liquor for tasting equal to more than one-quarter fluid ounce; [and]
  (J-1) CONDUCT TASTINGS OF AND SELL AT RETAIL FOR CONSUMPTION ON OR OFF
THE  PREMISES  NEW  YORK  STATE  LABELLED  MEAD MANUFACTURED BY A PERSON
LICENSED TO PRODUCE MEAD UNDER THIS CHAPTER;
  (J-2) CONDUCT TASTINGS OF AND SELL AT RETAIL FOR CONSUMPTION ON OR OFF
THE PREMISES NEW YORK STATE LABELLED BRAGGOT MANUFACTURED  BY  A  PERSON
LICENSED TO PRODUCE BRAGGOT UNDER THIS CHAPTER; AND
  §  15.  Clauses  (vi) and (vii) of paragraph (a) of subdivision 2-c of
section 61 of the alcoholic beverage control law, as amended by  chapter
103 of the laws of 2017, are amended and two new clauses (viii) and (ix)
are added to read as follows:
  (vi)  To  conduct tastings of and sell at retail for consumption on or
off the premises  New  York  state  labelled  cider  manufactured  by  a
licensed  brewer,  licensed farm brewery, licensed farm winery, licensed
cider producer or licensed farm cidery; [and]
  (vii) To conduct tastings of and sell at retail for consumption on  or
off the premises New York state labelled wine manufactured by a licensed
winery or licensed farm winery[.];
  (VIII) TO CONDUCT TASTINGS OF AND SELL AT RETAIL FOR CONSUMPTION ON OR
OFF  THE  PREMISES NEW YORK STATE LABELLED MEAD MANUFACTURED BY A PERSON
LICENSED TO PRODUCE MEAD UNDER THIS CHAPTER; AND
  (IX) TO CONDUCT TASTINGS OF AND SELL AT RETAIL FOR CONSUMPTION  ON  OR
OFF  THE  PREMISES  NEW  YORK  STATE  LABELLED BRAGGOT MANUFACTURED BY A
PERSON LICENSED TO PRODUCE BRAGGOT UNDER THIS CHAPTER.
  § 16. Paragraphs (a), (b), (c) and (d) of subdivision 2 of section  76
of  the alcoholic beverage control law, as amended by chapter 108 of the
laws of 2012, are amended to read as follows:
  (a) to operate a winery for the manufacture of wine AND  MEAD  at  the
premises specifically designated in the license;
  (b)  to  receive and possess wine AND MEAD from other states consigned
to a United States government  bonded  winery,  warehouse  or  storeroom
located within the state;
  (c)  to  sell in bulk from the licensed premises the products manufac-
tured under such license and wine AND MEAD  received  by  such  licensee
from  any  other  state  to  any winery licensee, OR MEADERY LICENSE any
distiller licensee or to a  permittee  engaged  in  the  manufacture  of
products  which  are  unfit for beverage use and to sell or deliver such
wine OR MEAD to persons outside the state pursuant to the  laws  of  the
place of such sale or delivery;
  (d)  to  sell  from  the licensed premises to a licensed wholesaler or
retailer, or to a corporation operating railroad cars  or  aircraft  for
consumption  on such carriers, wine AND MEAD manufactured or received by

S. 7505                            76                            A. 9505

the licensee as above set forth in the original sealed containers of not
more than fifteen gallons each and to sell or deliver such wine AND MEAD
to persons outside the state pursuant to the laws of the place  of  such
sale  or  delivery.  All  wine  AND  MEAD sold by such licensee shall be
securely sealed and have attached thereto a  label  setting  forth  such
information as shall be required by this chapter;
  §  17. Subdivision 4-a of section 76 of the alcoholic beverage control
law, as amended by chapter 431 of the laws of 2014, is amended  to  read
as follows:
  4-a.  A  licensed  winery  may  operate  a restaurant, hotel, catering
establishment, or other food and drinking establishment in  or  adjacent
to  the licensed premises and sell at such place, at retail for consump-
tion on the premises, wine, MEAD and wine products manufactured  by  the
licensee  and  any  New  York state labeled wine, MEAD or New York state
labeled wine product. All of the provisions of this chapter relative  to
licenses  to  sell  wine at retail for consumption on the premises shall
apply so far as applicable to such licensee. Notwithstanding  any  other
provision  of  law, the licensed winery may apply to the authority for a
license under article four of  this  chapter  to  sell  other  alcoholic
beverages  at  retail for consumption on the premises at such establish-
ment.
  § 17-a. Subdivision 13 of section 76 of the alcoholic beverage control
law, as added by chapter 221 of the laws of 2011, is amended to read  as
follows:
  13.  Notwithstanding  any  other  provision  of law to the contrary, a
winery licensed pursuant to this  section  may  engage  in  custom  wine
production  allowing  individuals to assist in the production of wine OR
MEAD for sale for personal or family use, provided,  however,  that  (a)
the  wine  OR  MEAD must be purchased by the individual assisting in the
production of such wine OR MEAD; and (b) the owner, employee or agent of
such winery shall be present at all times during such production.
  § 18. Subdivision 14 of section 76 of the alcoholic  beverage  control
law,  as added by chapter 431 of the laws of 2014, is amended to read as
follows:
  14. Any person licensed under this section shall manufacture at  least
fifty gallons of wine AND/OR MEAD per year.
  §  19.  Paragraphs  (a),  (c), (e) and (f) of subdivision 2 of section
76-a of the alcoholic beverage control law, paragraph (a)  as  added  by
chapter 221 of the laws of 2011, paragraph (c) as amended by chapter 384
of the laws of 2013, paragraph (e) as amended by chapter 328 of the laws
of 2016 and paragraph (f) as amended by chapter 431 of the laws of 2014,
are amended to read as follows:
  (a)  operate a farm winery for the manufacture of wine, NEW YORK STATE
LABELED MEAD or NEW YORK STATE LABELED cider  at  the  premises  specif-
ically designated in the license;
  (c) sell from the licensed premises to a licensed winery, farm distil-
ler, farm brewery, farm cidery, FARM MEADERY, wholesaler or retailer, or
to  a corporation operating railroad cars or aircraft for consumption on
such carriers, or at retail for consumption off the premises,  [wine  or
cider]  ALCOHOLIC  BEVERAGES  manufactured  by the licensee as above set
forth and to sell or deliver such wine or cider to persons  outside  the
state  pursuant  to  the laws of the place of such sale or delivery. All
[wine or cider] ALCOHOLIC BEVERAGES sold by such licensee  for  consump-
tion off the premises shall be securely sealed and have attached thereto
a  label  setting  forth  such  information as shall be required by this
chapter;

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  (e) CONDUCT TASTINGS OF AND sell at the licensed premises  [cider  and
wine],  AT  RETAIL FOR CONSUMPTION ON OR OFF THE LICENSED PREMISES ALCO-
HOLIC BEVERAGES manufactured by the licensee or any other licensed  farm
winery[,  and]; NEW YORK STATE LABELED WINE MANUFACTURED BY ANY LICENSED
WINERY;  NEW YORK STATE LABELED beer MANUFACTURED BY ANY LICENSED BREWER
OR FARM BREWERY; NEW  YORK  STATE  LABELED  CIDER  MANUFACTURED  BY  ANY
LICENSED  CIDER  PRODUCER,  FARM  CIDERY OR FARM BREWERY; NEW YORK STATE
LABELED MEAD MANUFACTURED BY ANY LICENSED FARM MEADERY, WINERY  OR  FARM
WINERY;  NEW  YORK  STATE  LABELED  BRAGGOT MANUFACTURED BY ANY LICENSED
MEADERY, BREWERY OR FARM BREWERY and [spirits] NEW  YORK  STATE  LABELED
LIQUOR  manufactured by any licensed [farm brewery or] DISTILLER OR farm
distillery[, at retail for consumption on or off the licensed premises];
  (f) operate a restaurant, hotel, catering establishment, or other food
and drinking establishment in or adjacent to the licensed  premises  and
sell  at  such  place, at retail for consumption on the premises, [wine,
cider and wine products] ALCOHOLIC BEVERAGES manufactured by the  licen-
see  and  any New York state labeled wine, New York state labeled cider,
NEW YORK STATE LABELED MEAD or New York state labeled wine product.  All
of  the  provisions of this chapter relative to licenses to sell wine at
retail for consumption on the premises shall apply so far as  applicable
to  such  licensee.  Notwithstanding  any  other  provision  of law, the
licensed FARM winery may apply to the  authority  for  a  license  under
[article  four  of]  this  chapter  to sell other alcoholic beverages at
retail for consumption on the premises at such establishment.
  § 20. Paragraphs (f), (g) and (h) of subdivision 6 of section 76-a  of
the alcoholic beverage control law are REPEALED.
  §  21. Subdivision 8 of section 76-a of the alcoholic beverage control
law, as amended by chapter 431 of the laws of 2014, is amended  to  read
as follows:
  8.  (a)  No  licensed  farm  winery shall manufacture in excess of two
hundred fifty thousand finished gallons of  [wine]  ALCOHOLIC  BEVERAGES
annually.
  (b)  Any person licensed under this section shall manufacture at least
fifty gallons of [wine] ALCOHOLIC BEVERAGES per year.
  § 22. Subdivision 9 of section 76-a of the alcoholic beverage  control
law,  as added by chapter 221 of the laws of 2011, is amended to read as
follows:
  9. Notwithstanding any other provision of law to the contrary, a  farm
winery  licensed  pursuant  to  this section may engage in custom [wine]
production allowing individuals to assist in the production of NEW  YORK
STATE  LABELED wine, CIDER AND MEAD for sale for personal or family use,
provided, however, that (a) the wine, CIDER AND MEAD must  be  purchased
by  the  individual  assisting  in the production of such wine, CIDER OR
MEAD; and (b) the owner, employee or agent of such winery shall be pres-
ent at all times during such production.
  § 23. Subdivision 2 of  section  101-aaa  of  the  alcoholic  beverage
control  law,  as amended by chapter 242 of the laws of 2012, is amended
to read as follows:
  2. No manufacturer or wholesaler licensed  under  this  chapter  shall
sell  or  deliver  any  beer, MEAD, cider or wine products to any retail
licensee except as provided for in this section:
  (a) for cash to be paid at the time of delivery; or
  (b) on terms requiring payment by such retail licensee for such  beer,
MEAD, cider, or wine products on or before the final payment date of any
credit period within which delivery is made. Provided, however, that the
sale  of  wine  products MEAD, or cider to a retail licensee by a whole-

S. 7505                            78                            A. 9505

saler licensed under section fifty-eight, sixty-two, or seventy-eight of
this chapter, or a licensed manufacturer of liquor, MEAD or  wine  or  a
cider producer's license, shall be governed by the provisions of section
one hundred-one-aa of this article.
  § 24. Paragraphs (b), (d) and (e) of subdivision 4 of section 107-a of
the  alcoholic beverage control law, paragraph (b) as amended by chapter
369 of the laws of 2017, paragraphs (d) and (e) as  amended  by  chapter
354 of the laws of 2013, are amended to read as follows:
  (b)  The  annual fee for registration of any brand or trade name label
for liquor shall be two hundred fifty dollars; the annual fee for regis-
tration of any brand or trade name label for beer, MEAD or  cider  shall
be  one  hundred  fifty  dollars; the annual fee for registration of any
brand or trade name label for wine  or  wine  products  shall  be  fifty
dollars.    Such fee shall be in the form of a check or draft. No annual
fee for registration of any brand or trade name label for wine shall  be
required  if  it  has  been  approved by the Alcohol and Tobacco Tax and
Trade Bureau of the United States Department  of  Treasury  pursuant  to
this section.
  Each  brand or trade name label registration approved pursuant to this
section shall be valid for a term of three years as  set  forth  by  the
authority and which shall be pro-rated for partial years as applicable.
  Each  brand or trade name label registration approved pursuant to this
section shall be valid only for the licensee to whom  issued  and  shall
not be transferable.
  (d)  The  authority may at any time exempt any discontinued brand from
such fee provisions where a manufacturer or wholesaler has an  inventory
of one hundred cases or less of liquor or wine and five hundred cases or
less  of beer, and certifies to the authority in writing that such brand
is being discontinued. The authority may also at  any  time  exempt  any
discontinued brand from such fee provisions where a retailer discontinu-
ing  a  brand owned by him has a balance of an order yet to be delivered
of fifty cases or less of liquor or wine, or two hundred fifty cases  or
less of beer, MEAD, wine products or cider.
  (e)  The authority shall exempt from such fee provisions the registra-
tion of each brand or trade name label used for beer, MEAD or cider that
is produced in small size batches totaling fifteen  hundred  barrels  or
less of beer, MEAD or cider annually.
  §  25.  This act shall take effect on the ninetieth day after it shall
have become a law, provided that the amendments to  section  17  of  the
alcoholic  beverage  control law made by section seven of this act shall
be subject to the expiration and reversion of such section  pursuant  to
section 4 of chapter 118 of the laws of 2012, as amended, when upon such
date the provisions of section eight of this act shall take effect.

                                 PART S

  Section  1.  The alcoholic beverage control law is amended by adding a
new section 61-c to read as follows:
  § 61-C. EXPORTER'S LICENSE. AN EXPORTER'S LICENSE SHALL AUTHORIZE  THE
HOLDER THEREOF TO PURCHASE ALCOHOLIC BEVERAGES FROM LICENSED MANUFACTUR-
ERS  SOLELY FOR PURPOSES OF EXPORT OUTSIDE OF THIS STATE PURSUANT TO AND
IN ACCORDANCE WITH THE LAWS OF THE PLACE OF DELIVERY.
  § 2. Section 66 of the alcoholic beverage control law  is  amended  by
adding a new subdivision 3-b to read as follows:
  3-B.  THE  ANNUAL  FEE  FOR AN EXPORTER'S LICENSE SHALL BE ONE HUNDRED
TWENTY-FIVE DOLLARS.

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  § 3. Subdivision 3 of section 17 of  the  alcoholic  beverage  control
law,  as  amended  by  section  3 of chapter 297 of the laws of 2016, is
amended to read as follows:
  3. To revoke, cancel or suspend for cause any license or permit issued
under  this  chapter  and/or to impose a civil penalty for cause against
any holder of a license or permit issued pursuant to this  chapter.  Any
civil  penalty  so  imposed  shall  not  exceed  the sum of ten thousand
dollars as against the holder of any retail permit  issued  pursuant  to
sections  ninety-five,  ninety-seven,  ninety-eight,  ninety-nine-d, and
paragraph f of subdivision one of section ninety-nine-b of this chapter,
and as against the holder of  any  retail  license  issued  pursuant  to
sections  fifty-three-a,  fifty-four,  fifty-four-a,  fifty-five, fifty-
five-a,    sixty-three,    sixty-four,    sixty-four-a,    sixty-four-b,
sixty-four-c,  seventy-six-f,  seventy-nine, eighty-one and eighty-one-a
of this chapter, and the sum of thirty thousand dollars as  against  the
holder   of   a   license   issued  pursuant  to  sections  fifty-three,
sixty-one-a, sixty-one-b, SIXTY-ONE-C, seventy-six,  seventy-six-a,  and
seventy-eight  of  this chapter, provided that the civil penalty against
the holder of a wholesale license issued pursuant to section fifty-three
of this chapter shall not exceed the sum of ten thousand  dollars  where
that  licensee  violates provisions of this chapter during the course of
the sale of beer at retail to a person for consumption at home, and  the
sum of one hundred thousand dollars as against the holder of any license
issued  pursuant to sections fifty-one, sixty-one, and sixty-two of this
chapter. Any civil penalty so imposed shall be in addition to and  sepa-
rate and apart from the terms and provisions of the bond required pursu-
ant  to  section  one  hundred  twelve of this chapter. Provided that no
appeal is pending on the imposition of such civil penalty, in the  event
such  civil  penalty imposed by the division remains unpaid, in whole or
in part, more than forty-five days after written demand for payment  has
been sent by first class mail to the address of the licensed premises, a
notice  of  impending default judgment shall be sent by first class mail
to the licensed premises and by first class mail to the last known  home
address  of  the  person who signed the most recent license application.
The notice of impending default judgment shall advise the licensee:  (a)
that  a  civil  penalty  was  imposed  on the licensee; (b) the date the
penalty was imposed; (c) the amount of the civil penalty; (d) the amount
of the civil penalty that remains unpaid as of the date of  the  notice;
(e) the violations for which the civil penalty was imposed; and (f) that
a judgment by default will be entered in the supreme court of the county
in  which  the  licensed  premises  are located, or other court of civil
jurisdiction or any other place provided for the entry  of  civil  judg-
ments  within  the  state  of New York unless the division receives full
payment of all civil penalties due within twenty days of the date of the
notice of impending default judgment. If full  payment  shall  not  have
been  received  by  the  division  within  thirty days of mailing of the
notice of impending default judgment,  the  division  shall  proceed  to
enter with such court a statement of the default judgment containing the
amount  of the penalty or penalties remaining due and unpaid, along with
proof of mailing of the notice of impending default judgment. The filing
of such judgment shall have the full force and effect of a default judg-
ment duly docketed with such court pursuant to the  civil  practice  law
and  rules and shall in all respects be governed by that chapter and may
be enforced in the same manner and with the same effect as that provided
by law in respect to execution issued against property upon judgments of
a court of record. A judgment entered pursuant to this subdivision shall

S. 7505                            80                            A. 9505

remain in full force and effect  for  eight  years  notwithstanding  any
other provision of law.
  §  4.  Subdivision  3  of section 17 of the alcoholic beverage control
law, as amended by section 4 of chapter 297 of  the  laws  of  2016,  is
amended to read as follows:
  3. To revoke, cancel or suspend for cause any license or permit issued
under  this  chapter  and/or to impose a civil penalty for cause against
any holder of a license or permit issued pursuant to this  chapter.  Any
civil  penalty  so  imposed  shall  not  exceed  the sum of ten thousand
dollars as against the holder of any retail permit  issued  pursuant  to
sections  ninety-five,  ninety-seven,  ninety-eight,  ninety-nine-d, and
paragraph f of subdivision one of section ninety-nine-b of this chapter,
and as against the holder of  any  retail  license  issued  pursuant  to
sections  fifty-three-a,  fifty-four,  fifty-four-a,  fifty-five, fifty-
five-a,    sixty-three,    sixty-four,    sixty-four-a,    sixty-four-b,
sixty-four-c,  seventy-six-f, seventy-nine, eighty-one, and eighty-one-a
of this chapter, and the sum of thirty thousand dollars as  against  the
holder   of   a   license   issued  pursuant  to  sections  fifty-three,
sixty-one-a, sixty-one-b, SIXTY-ONE-C,  seventy-six,  seventy-six-a  and
seventy-eight  of  this chapter, provided that the civil penalty against
the holder of a wholesale license issued pursuant to section fifty-three
of this chapter shall not exceed the sum of ten thousand  dollars  where
that  licensee  violates provisions of this chapter during the course of
the sale of beer at retail to a person for consumption at home, and  the
sum of one hundred thousand dollars as against the holder of any license
issued  pursuant  to sections fifty-one, sixty-one and sixty-two of this
chapter.  Any civil penalty so imposed shall be in addition to and sepa-
rate and apart from the terms and provisions of the bond required pursu-
ant to section one hundred twelve of  this  chapter.  Provided  that  no
appeal  is pending on the imposition of such civil penalty, in the event
such civil penalty imposed by the division remains unpaid, in  whole  or
in  part, more than forty-five days after written demand for payment has
been sent by first class mail to the address of the licensed premises, a
notice of impending default judgment shall be sent by first  class  mail
to  the licensed premises and by first class mail to the last known home
address of the person who signed the most  recent  license  application.
The  notice of impending default judgment shall advise the licensee: (a)
that a civil penalty was imposed on  the  licensee;  (b)  the  date  the
penalty was imposed; (c) the amount of the civil penalty; (d) the amount
of  the  civil penalty that remains unpaid as of the date of the notice;
(e) the violations for which the civil penalty was imposed; and (f) that
a judgment by default will be entered in the supreme court of the county
in which the licensed premises are located,  or  other  court  of  civil
jurisdiction,  or  any other place provided for the entry of civil judg-
ments within the state of New York unless  the  division  receives  full
payment of all civil penalties due within twenty days of the date of the
notice  of  impending  default  judgment. If full payment shall not have
been received by the division within  thirty  days  of  mailing  of  the
notice  of  impending  default  judgment,  the division shall proceed to
enter with such court a statement of the default judgment containing the
amount of the penalty or penalties remaining due and unpaid, along  with
proof of mailing of the notice of impending default judgment. The filing
of such judgment shall have the full force and effect of a default judg-
ment  duly  docketed  with such court pursuant to the civil practice law
and rules and shall in all respects be governed by that chapter and  may
be enforced in the same manner and with the same effect as that provided

S. 7505                            81                            A. 9505

by law in respect to execution issued against property upon judgments of
a court of record. A judgment entered pursuant to this subdivision shall
remain  in  full  force  and  effect for eight years notwithstanding any
other provision of law.
  § 5. This act shall take effect on the one hundred eightieth day after
it  shall have become a law; provided that the amendments to subdivision
3 of section 17 of the alcoholic beverage control law  made  by  section
three  of  this  act shall be subject to the expiration and reversion of
such section pursuant to section 4 of chapter 118 of the laws  of  2012,
as  amended,  when upon such date the provisions of section four of this
act shall take effect; and provided, further, that any and all rules and
regulations and any other measures necessary to implement any  provision
of  this act on its effective date may be promulgated and taken, respec-
tively, on or before the effective date of such provision.

                                 PART T

  Section 1. Section 2 of chapter 303 of the laws of 1988,  relating  to
the extension of the state commission on the restoration of the capitol,
as  amended  by  chapter  207 of the laws of 2013, is amended to read as
follows:
  § 2. The temporary state commission on the restoration of the  capitol
is  hereby  renamed  as  the  state commission on the restoration of the
capitol (hereinafter to be referred to as the "commission") and is here-
by continued until April 1, [2018] 2023.  The commission  shall  consist
of  eleven  members  to  be  appointed as follows: five members shall be
appointed by the governor; two members shall be appointed by the  tempo-
rary  president  of  the  senate;  two members shall be appointed by the
speaker of the assembly; one member shall be appointed by  the  minority
leader  of  the  senate;  one  member shall be appointed by the minority
leader of the  assembly,  together  with  the  commissioner  of  general
services  and the commissioner of parks, recreation and historic preser-
vation. The term for each elected  member  shall  be  for  three  years,
except  that  of  the  first five members appointed by the governor, one
shall be for a one year term, and two shall be for a two year term,  and
one  of the first appointments by the president of the senate and by the
speaker of the assembly shall be for a two year term. Any  vacancy  that
occurs in the commission shall be filled in the same manner in which the
original appointment was made. The commission shall elect a chairman and
a  vice-chairman  from  among  its  members.    The members of the state
commission on the restoration of the  capitol  shall  be  deemed  to  be
members  of  the  commission  until  their successors are appointed. The
members of the  commission  shall  receive  no  compensation  for  their
services, but shall be reimbursed for their expenses actually and neces-
sarily incurred by them in the performance of their duties hereunder.
  §  2.  Section  9  of chapter 303 of the laws of 1988, relating to the
extension of the state commission on the restoration of the capitol,  as
amended  by  chapter  207  of  the  laws  of 2013, is amended to read as
follows:
  § 9. This act shall take effect immediately, and shall remain in  full
force and effect until April 1, [2018] 2023.
  §  3.  This  act  shall take effect immediately and shall be deemed to
have been in full force and effect on and after April 1, 2018;  provided
that the amendments to section 2 of chapter 303 of the laws of 1988 made
by section one of this act shall not affect the expiration of such chap-
ter, and shall be deemed to expire therewith.

S. 7505                            82                            A. 9505

                                 PART U

  Section  1. The section heading and subdivision 1 of section 34 of the
public lands law, as amended by chapter 703 of the  laws  of  1994,  are
amended to read as follows:
  Transfer  of  unappropriated  state  lands  for mental health, [mental
retardation] DEVELOPMENTAL  DISABILITY,  park,  recreation,  playground,
reforestation, PUBLIC EDUCATION, PUBLIC SAFETY, street [or], highway, OR
OTHER MUNICIPAL purposes. 1. [Such] THE commissioner of general services
may,  from  time  to  time,  transfer and convey to a city, incorporated
village, town, or county OR, AS DEFINED IN SECTION ONE  HUNDRED  OF  THE
GENERAL  MUNICIPAL  LAW,  TO  A  POLITICAL SUBDIVISION, FIRE COMPANY, OR
VOLUNTARY AMBULANCE SERVICE, in consideration of one dollar to  be  paid
to  the  state  of  New  York,  and on such terms and conditions as such
commissioner may impose, a part or all of any parcel or parcels of unap-
propriated state lands upon certification that such  parcel  or  parcels
are  useful  for  local  mental  health facilities, [mental retardation]
DEVELOPMENTAL  DISABILITY  facilities,  park,  recreation,   playground,
reforestation, PUBLIC EDUCATION, PUBLIC SAFETY, street [or], highway, OR
OTHER  MUNICIPAL  purposes,  and that they will be properly improved and
maintained for one or more of  such  purposes  and  provided  that  this
disposition  of  such  parcel  or  parcels  is not otherwise prohibited.
Certification shall be evidenced by a formal request from the [board  of
estimate,]  common council, village board, town board [or], county board
of supervisors, OR OTHER ELECTIVE GOVERNING BOARD OR BODY NOW  OR  HERE-
AFTER VESTED BY STATE STATUTE, CHARTER OR OTHER LAW WITH JURISDICTION TO
INITIATE  AND  ADOPT  LOCAL LAWS OR ORDINANCES, OR SUCH BOARD OR BODY AS
MAY BE AUTHORIZED BY LAW TO INITIATE  SUCH  REQUEST  AND  CERTIFICATION,
setting  forth  in  detail  the parcel or parcels to be released, trans-
ferred and conveyed and the availability and usefulness of  such  parcel
or  parcels  for  one  or more of such purposes. In the city of New York
however, certification shall be evidenced by a formal request  from  the
mayor.  In the event that lands transferred under the provisions of this
section are not properly improved and maintained for one or more of  the
purposes  contemplated  by this section by the city, village, town [or],
county, POLITICAL SUBDIVISION,  FIRE  COMPANY,  OR  VOLUNTARY  AMBULANCE
SERVICE  to  which they were transferred, the title thereto shall revert
to the people of the state of New York,  and  the  attorney-general  may
institute  an  action  in  the  supreme court for a judgment declaring a
revesting of such title in the state. [Such] THE commissioner  may  also
transfer  any  unappropriated state lands to the office of parks, recre-
ation and historic  preservation  or  the  department  of  environmental
conservation,  upon the application of the commissioner thereof indicat-
ing that such unappropriated state lands are  required  for  state  park
purposes within the area of jurisdiction of such office or department.
  § 2. This act shall take effect immediately.

                                 PART V

  Section  1.  The  state finance law is amended by adding a new section
99-bb to read as follows:
  § 99-BB. PARKING SERVICES FUND.  1.  NOTWITHSTANDING  SECTIONS  EIGHT,
EIGHT-A AND SEVENTY OF THIS CHAPTER OR ANY OTHER PROVISION OF LAW, RULE,
REGULATION,  OR PRACTICE TO THE CONTRARY, THERE IS HEREBY ESTABLISHED IN
THE JOINT CUSTODY OF THE STATE COMPTROLLER AND THE COMMISSIONER OF TAXA-
TION AND FINANCE A PARKING SERVICES FUND, WHICH SHALL BE  CLASSIFIED  BY

S. 7505                            83                            A. 9505

THE  STATE  COMPTROLLER  AS  AN  ENTERPRISE  FUND  TYPE, AND WHICH SHALL
CONSIST OF ALL MONEYS RECEIVED FROM PRIVATE ENTITIES AND INDIVIDUALS  AS
FEES FOR THE USE OF STATE-OWNED PARKING LOTS AND GARAGES.
  2.  MONEYS  WITHIN THE PARKING SERVICES FUND SHALL BE AVAILABLE TO THE
COMMISSIONER OF GENERAL SERVICES FOR SERVICES AND EXPENSES OF THE OFFICE
RELATING TO THE DIRECT MAINTENANCE AND OPERATION OF STATE-OWNED  PARKING
LOTS AND GARAGES.
  § 2. The state finance law is amended by adding a new section 99-cc to
read as follows:
  §  99-CC. SOLID WASTE FUND. 1. NOTWITHSTANDING SECTIONS EIGHT, EIGHT-A
AND SEVENTY OF THIS CHAPTER OR ANY OTHER PROVISION OF LAW,  RULE,  REGU-
LATION,  OR PRACTICE TO THE CONTRARY, THERE IS HEREBY ESTABLISHED IN THE
JOINT CUSTODY OF THE STATE COMPTROLLER AND THE COMMISSIONER OF  TAXATION
AND  FINANCE  A SOLID WASTE FUND, WHICH SHALL BE CLASSIFIED BY THE STATE
COMPTROLLER AS AN ENTERPRISE FUND TYPE, AND WHICH SHALL CONSIST  OF  ALL
MONEYS  RECEIVED  FROM  PRIVATE  ENTITIES BY THE COMMISSIONER OF GENERAL
SERVICES FOR THE SALE OF RECYCLABLES.
  2. MONEYS WITHIN THE SOLID  WASTE  FUND  SHALL  BE  AVAILABLE  TO  THE
COMMISSIONER OF GENERAL SERVICES FOR SERVICES AND EXPENSES OF THE OFFICE
RELATING TO THE COLLECTION, PROCESSING AND SALE OF RECYCLED MATERIALS.
  § 3. The state finance law is amended by adding a new section 99-dd to
read as follows:
  §  99-DD.  SPECIAL  EVENTS  FUND.  1.  NOTWITHSTANDING SECTIONS EIGHT,
EIGHT-A AND SEVENTY OF THIS CHAPTER AND  ANY  OTHER  PROVISION  OF  LAW,
RULE,  REGULATION,  OR  PRACTICE TO THE CONTRARY, THERE IS HEREBY ESTAB-
LISHED IN THE JOINT CUSTODY OF THE STATE COMPTROLLER AND THE COMMISSION-
ER OF TAXATION AND FINANCE A SPECIAL EVENTS FUND, WHICH SHALL BE CLASSI-
FIED BY THE STATE COMPTROLLER AS AN  ENTERPRISE  FUND  TYPE,  AND  WHICH
SHALL  CONSIST OF ALL MONEYS RECEIVED FROM PRIVATE ENTITIES AND INDIVID-
UALS AS FEES FOR THE USE OF PHYSICAL SPACE  AT  STATE-OWNED  FACILITIES,
INCLUDING,  BUT  NOT  LIMITED  TO,  THE  EMPIRE STATE PLAZA AND HARRIMAN
CAMPUS, AND ANY OTHER MISCELLANEOUS FEES ASSOCIATED WITH THE USE OF SUCH
PHYSICAL SPACE AT SUCH STATE-OWNED FACILITIES BY  PRIVATE  ENTITIES  AND
INDIVIDUALS.
  2.  MONEYS  WITHIN  THE  SPECIAL EVENTS FUND SHALL BE AVAILABLE TO THE
COMMISSIONER OF GENERAL SERVICES FOR SERVICES AND EXPENSES OF THE OFFICE
RELATING TO THE USE OF STATE-OWNED FACILITIES BY  PRIVATE  ENTITIES  AND
INDIVIDUALS.
  § 4. This act shall take effect April 1, 2018.

                                 PART W

  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

S. 7505                            84                            A. 9505

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
THREE  HUNDRED. THE DEPARTMENT SHALL NOT APPROVE ANY TEMPORARY POSITIONS
WHICH ARE NOT CERTIFIED BY THE OFFICE OF INFORMATION TECHNOLOGY SERVICES
TO THE DEPARTMENT IN ACCORDANCE WITH THIS SECTION WITHIN FIVE  YEARS  OF
THE DATE WHEN THIS SECTION SHALL HAVE BECOME A LAW.
  2.  AT  LEAST FIFTEEN DAYS PRIOR TO MAKING A TERM APPOINTMENT PURSUANT
TO THIS SECTION, THE APPOINTING AUTHORITY SHALL PUBLICLY  AND  CONSPICU-
OUSLY  POST  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 QUALI-
FIED 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 APPOINTS AND APPROPRI-
ATE QUALIFICATIONS. IN THE EVENT THAT THE DEPARTMENT FAILS TO CERTIFY  A
PROMOTIONAL  LIST FOR AN EXAMINATION IN WHICH THE APPOINTEE HAS COMPETED
WITHIN THE INITIALLY 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
COMPLETED, 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 authorize appointment of  term  appointees  to
competitive titles in a manner approved by such department.
  §  3.  This  act shall take effect immediately and shall expire and be
deemed repealed June  30,  2023;  provided,  however,  that  any  person
appointed  prior  to  that date may continue to be employed for a period
not to exceed sixty months from the date of appointment.

                                 PART X

  Section 1. The state finance law is amended by adding  a  new  section
5-a to read as follows:
  § 5-A. NEW YORK STATE SECURE CHOICE SAVINGS PROGRAM. 1. THERE IS HERE-
BY  ESTABLISHED  THE  NEW YORK STATE SECURE CHOICE SAVINGS PROGRAM TO BE
ADMINISTERED BY THE DEFERRED COMPENSATION BOARD.   THE GENERAL  ADMINIS-
TRATION  AND  RESPONSIBILITY  FOR  THE  OPERATION  OF THE NEW YORK STATE

S. 7505                            85                            A. 9505

SECURE CHOICE SAVINGS PROGRAM SHALL BE  ADMINISTERED  BY  THE  NEW  YORK
STATE  DEFERRED  COMPENSATION BOARD FOR THE PURPOSE OF PROMOTING GREATER
RETIREMENT SAVINGS FOR PRIVATE-SECTOR EMPLOYEES IN  A  CONVENIENT,  LOW-
COST, AND PORTABLE MANNER.
  2.  ALL TERMS SHALL HAVE THE SAME MEANING AS WHEN USED IN A COMPARABLE
CONTEXT IN THE INTERNAL REVENUE CODE.  AS  USED  IN  THIS  SECTION,  THE
FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
  A. "BOARD" SHALL MEAN THE NEW YORK STATE DEFERRED COMPENSATION BOARD.
  B. "SUPERINTENDENT" SHALL MEAN THE SUPERINTENDENT OF THE DEPARTMENT OF
FINANCIAL SERVICES.
  C. "COMPTROLLER" SHALL MEAN THE COMPTROLLER OF THE STATE.
  D.  "EMPLOYEE"  SHALL MEAN ANY INDIVIDUAL WHO IS EIGHTEEN YEARS OF AGE
OR OLDER, WHO IS EMPLOYED BY AN EMPLOYER, AND WHO EARNED  WAGES  WORKING
FOR AN EMPLOYER IN NEW YORK STATE DURING A CALENDAR YEAR.
  E.  "EMPLOYER"  SHALL  MEAN  A PERSON OR ENTITY ENGAGED IN A BUSINESS,
INDUSTRY, PROFESSION, TRADE, OR OTHER  ENTERPRISE  IN  NEW  YORK  STATE,
WHETHER  FOR  PROFIT OR NOT FOR PROFIT, THAT HAS NOT OFFERED A QUALIFIED
RETIREMENT PLAN, INCLUDING, BUT NOT LIMITED TO, A PLAN  QUALIFIED  UNDER
SECTIONS 401(A), 401(K), 403(A), 403(B), 408(K), 408(P) OR 457(B) OF THE
INTERNAL REVENUE CODE OF 1986 IN THE PRECEDING TWO YEARS.
  F. "ENROLLEE" SHALL MEAN ANY EMPLOYEE WHO IS ENROLLED IN THE PROGRAM.
  G.  "FUND" SHALL MEAN THE NEW YORK STATE SECURE CHOICE SAVINGS PROGRAM
FUND.
  H. "INTERNAL REVENUE CODE" SHALL MEAN THE  INTERNAL  REVENUE  CODE  OF
1986, OR ANY SUCCESSOR LAW, IN EFFECT FOR THE CALENDAR YEAR.
  I. "IRA" SHALL MEAN A ROTH IRA (INDIVIDUAL RETIREMENT ACCOUNT).
  J.  "PARTICIPATING  EMPLOYER"  SHALL  MEAN AN EMPLOYER THAT PROVIDES A
PAYROLL DEPOSIT RETIREMENT SAVINGS ARRANGEMENT AS PROVIDED FOR  BY  THIS
ARTICLE FOR ITS EMPLOYEES WHO ARE ENROLLEES IN THE PROGRAM.
  K.  "PAYROLL  DEPOSIT  RETIREMENT  SAVINGS  ARRANGEMENT" SHALL MEAN AN
ARRANGEMENT BY WHICH A PARTICIPATING EMPLOYER ALLOWS ENROLLEES TO  REMIT
PAYROLL DEDUCTION CONTRIBUTIONS TO THE PROGRAM.
  L.  "PROGRAM"  SHALL  MEAN  THE  NEW  YORK STATE SECURE CHOICE SAVINGS
PROGRAM.
  M. "WAGES" SHALL MEAN ANY COMPENSATION WITHIN THE MEANING  OF  SECTION
219(F)(1)  OF  THE INTERNAL REVENUE CODE THAT IS RECEIVED BY AN ENROLLEE
FROM A PARTICIPATING EMPLOYER DURING THE CALENDAR YEAR.
  3. THE BOARD, THE INDIVIDUAL MEMBERS  OF  THE  BOARD,  AND  ANY  OTHER
AGENTS  APPOINTED  OR  ENGAGED  BY THE BOARD, AND ALL PERSONS SERVING AS
PROGRAM STAFF SHALL DISCHARGE THEIR DUTIES WITH RESPECT TO  THE  PROGRAM
SOLELY  IN  THE INTEREST OF THE PROGRAM'S ENROLLEES AND BENEFICIARIES AS
FOLLOWS:
  A. FOR THE EXCLUSIVE PURPOSES OF PROVIDING BENEFITS TO  ENROLLEES  AND
BENEFICIARIES  AND  DEFRAYING  REASONABLE  EXPENSES OF ADMINISTERING THE
PROGRAM;
  B. BY INVESTING WITH THE CARE, SKILL, PRUDENCE,  AND  DILIGENCE  UNDER
THE  PREVAILING  CIRCUMSTANCES  THAT  A  PRUDENT PERSON ACTING IN A LIKE
CAPACITY AND FAMILIAR WITH THOSE MATTERS WOULD USE IN THE CONDUCT OF  AN
ENTERPRISE OF A LIKE CHARACTER AND WITH LIKE AIMS; AND
  C.  BY  USING ANY CONTRIBUTIONS PAID BY EMPLOYEES AND EMPLOYERS REMIT-
TING EMPLOYEE CONTRIBUTIONS INTO THE FUND EXCLUSIVELY FOR THE PURPOSE OF
PAYING BENEFITS TO THE ENROLLEES OF THE PROGRAM, FOR THE COST OF  ADMIN-
ISTRATION  OF  THE  PROGRAM, AND FOR INVESTMENTS MADE FOR THE BENEFIT OF
THE PROGRAM.
  4. IN ADDITION TO THE OTHER DUTIES AND RESPONSIBILITIES STATED IN THIS
ARTICLE, THE BOARD SHALL:

S. 7505                            86                            A. 9505

  A. CAUSE THE PROGRAM TO BE DESIGNED, ESTABLISHED  AND  OPERATED  IN  A
MANNER THAT:
  (I) ACCORDS WITH BEST PRACTICES FOR RETIREMENT SAVINGS VEHICLES;
  (II)  MAXIMIZES PARTICIPATION, SAVINGS, AND SOUND INVESTMENT PRACTICES
INCLUDING CONSIDERING THE USE OF AUTOMATIC ENROLLMENT AS  ALLOWED  UNDER
FEDERAL LAW;
  (III)  MAXIMIZES  SIMPLICITY,  INCLUDING  EASE  OF  ADMINISTRATION FOR
PARTICIPATING EMPLOYERS AND ENROLLEES;
  (IV) PROVIDES AN EFFICIENT PRODUCT TO ENROLLEES BY POOLING  INVESTMENT
FUNDS;
  (V) ENSURES THE PORTABILITY OF BENEFITS; AND
  (VI)  PROVIDES  FOR  THE DEACCUMULATION OF ENROLLEE ASSETS IN A MANNER
THAT MAXIMIZES FINANCIAL SECURITY IN RETIREMENT.
  B. APPOINT A TRUSTEE TO THE FUND IN COMPLIANCE WITH SECTION 408 OF THE
INTERNAL REVENUE CODE.
  C. EXPLORE AND ESTABLISH INVESTMENT OPTIONS, SUBJECT TO THIS  ARTICLE,
THAT  OFFER  ENROLLEES  RETURNS  ON  CONTRIBUTIONS AND THE CONVERSION OF
INDIVIDUAL RETIREMENT SAVINGS  ACCOUNT  BALANCES  TO  SECURE  RETIREMENT
INCOME WITHOUT INCURRING DEBT OR LIABILITIES TO THE STATE.
  D.  ESTABLISH  THE PROCESS BY WHICH INTEREST, INVESTMENT EARNINGS, AND
INVESTMENT LOSSES ARE ALLOCATED TO INDIVIDUAL PROGRAM ACCOUNTS ON A  PRO
RATA  BASIS  AND  ARE COMPUTED AT THE INTEREST RATE ON THE BALANCE OF AN
INDIVIDUAL'S ACCOUNT.
  E. MAKE AND ENTER INTO CONTRACTS NECESSARY FOR THE  ADMINISTRATION  OF
THE  PROGRAM  AND  FUND,  INCLUDING,  BUT  NOT LIMITED TO, RETAINING AND
CONTRACTING WITH INVESTMENT MANAGERS,  PRIVATE  FINANCIAL  INSTITUTIONS,
OTHER  FINANCIAL AND SERVICE PROVIDERS, CONSULTANTS, ACTUARIES, COUNSEL,
AUDITORS, THIRD-PARTY ADMINISTRATORS, AND OTHER PROFESSIONALS AS  NECES-
SARY.
  F. CONDUCT A REVIEW OF THE PERFORMANCE OF ANY INVESTMENT VENDORS EVERY
FOUR  YEARS,  INCLUDING,  BUT NOT LIMITED TO, A REVIEW OF RETURNS, FEES,
AND CUSTOMER SERVICE. A COPY OF REVIEWS SHALL BE POSTED TO  THE  BOARD'S
INTERNET WEBSITE.
  G. DETERMINE THE NUMBER AND DUTIES OF STAFF MEMBERS NEEDED TO ADMINIS-
TER THE PROGRAM AND ASSEMBLE SUCH STAFF, INCLUDING, APPOINTING A PROGRAM
ADMINISTRATOR.
  H.  CAUSE MONEYS IN THE FUND TO BE HELD AND INVESTED AS POOLED INVEST-
MENTS DESCRIBED IN THIS ARTICLE, WITH A VIEW TO ACHIEVING  COST  SAVINGS
THROUGH EFFICIENCIES AND ECONOMIES OF SCALE.
  I.  EVALUATE AND ESTABLISH THE PROCESS BY WHICH AN ENROLLEE IS ABLE TO
CONTRIBUTE A PORTION OF HIS OR HER WAGES TO THE  PROGRAM  FOR  AUTOMATIC
DEPOSIT  OF THOSE CONTRIBUTIONS AND THE PROCESS BY WHICH A PARTICIPATING
EMPLOYER PROVIDES A PAYROLL DEPOSIT RETIREMENT  SAVINGS  ARRANGEMENT  TO
FORWARD  THOSE  CONTRIBUTIONS  AND  RELATED  INFORMATION TO THE PROGRAM,
INCLUDING, BUT NOT LIMITED TO, CONTRACTING WITH FINANCIAL SERVICE COMPA-
NIES AND THIRD-PARTY ADMINISTRATORS WITH THE CAPABILITY TO  RECEIVE  AND
PROCESS  EMPLOYEE  INFORMATION  AND  CONTRIBUTIONS  FOR  PAYROLL DEPOSIT
RETIREMENT SAVINGS ARRANGEMENTS OR SIMILAR ARRANGEMENTS.
  J. DESIGN AND ESTABLISH THE PROCESS FOR ENROLLMENT INCLUDING THE PROC-
ESS BY WHICH AN EMPLOYEE CAN OPT TO  NOT  PARTICIPATE  IN  THE  PROGRAM,
SELECT  A CONTRIBUTION LEVEL, SELECT AN INVESTMENT OPTION, AND TERMINATE
PARTICIPATION IN THE PROGRAM.
  K. EVALUATE AND ESTABLISH THE PROCESS BY WHICH AN EMPLOYEE MAY  VOLUN-
TARILY ENROLL IN AND MAKE CONTRIBUTIONS TO THE PROGRAM.
  L.  ACCEPT ANY GRANTS, APPROPRIATIONS, OR OTHER MONEYS FROM THE STATE,
ANY UNIT OF FEDERAL, STATE, OR LOCAL GOVERNMENT, OR  ANY  OTHER  PERSON,

S. 7505                            87                            A. 9505

FIRM,  PARTNERSHIP,  OR  CORPORATION  SOLELY  FOR DEPOSIT INTO THE FUND,
WHETHER FOR INVESTMENT OR ADMINISTRATIVE PURPOSES.
  M. EVALUATE THE NEED FOR, AND PROCURE AS NEEDED, INSURANCE AGAINST ANY
AND  ALL  LOSS IN CONNECTION WITH THE PROPERTY, ASSETS, OR ACTIVITIES OF
THE PROGRAM, AND INDEMNIFY AS NEEDED  EACH  MEMBER  OF  THE  BOARD  FROM
PERSONAL  LOSS OR LIABILITY RESULTING FROM A MEMBER'S ACTION OR INACTION
AS A MEMBER OF THE BOARD.
  N. MAKE  PROVISIONS  FOR  THE  PAYMENT  OF  ADMINISTRATIVE  COSTS  AND
EXPENSES  FOR  THE  CREATION,  MANAGEMENT, AND OPERATION OF THE PROGRAM.
SUBJECT TO APPROPRIATION, THE STATE MAY PAY ADMINISTRATIVE COSTS ASSOCI-
ATED WITH THE CREATION AND MANAGEMENT OF THE  PROGRAM  UNTIL  SUFFICIENT
ASSETS ARE AVAILABLE IN THE FUND FOR THAT PURPOSE. THEREAFTER, ALL COSTS
OF  THE  FUND, INCLUDING REPAYMENT OF ANY START-UP FUNDS PROVIDED BY THE
STATE, SHALL BE PAID ONLY OUT OF MONEYS  ON  DEPOSIT  THEREIN.  HOWEVER,
PRIVATE  FUNDS  OR  FEDERAL  FUNDING  RECEIVED IN ORDER TO IMPLEMENT THE
PROGRAM UNTIL THE FUND IS SELF-SUSTAINING SHALL  NOT  BE  REPAID  UNLESS
THOSE  FUNDS  WERE OFFERED CONTINGENT UPON THE PROMISE OF REPAYMENT. THE
BOARD SHALL KEEP ANNUAL ADMINISTRATIVE EXPENSES AS LOW AS POSSIBLE,  BUT
IN NO EVENT SHALL THEY EXCEED 0.75% OF THE TOTAL TRUST BALANCE.
  O.  ALLOCATE  ADMINISTRATIVE FEES TO INDIVIDUAL RETIREMENT ACCOUNTS IN
THE PROGRAM ON A PRO RATA BASIS.
  P. SET MINIMUM AND MAXIMUM  CONTRIBUTION  LEVELS  IN  ACCORDANCE  WITH
LIMITS ESTABLISHED FOR IRAS BY THE INTERNAL REVENUE CODE.
  Q. FACILITATE EDUCATION AND OUTREACH TO EMPLOYERS AND EMPLOYEES.
  R.  FACILITATE  COMPLIANCE BY THE PROGRAM WITH ALL APPLICABLE REQUIRE-
MENTS FOR THE PROGRAM UNDER THE INTERNAL  REVENUE  CODE,  INCLUDING  TAX
QUALIFICATION  REQUIREMENTS  OR  ANY OTHER APPLICABLE LAW AND ACCOUNTING
REQUIREMENTS.
  S. CARRY OUT THE DUTIES AND OBLIGATIONS OF THE PROGRAM  IN  AN  EFFEC-
TIVE, EFFICIENT, AND LOW-COST MANNER.
  T.  EXERCISE  ANY  AND  ALL  OTHER POWERS REASONABLY NECESSARY FOR THE
EFFECTUATION OF THE PURPOSES, OBJECTIVES, AND PROVISIONS OF THIS ARTICLE
PERTAINING TO THE PROGRAM.
  U. DEPOSIT INTO THE NEW YORK STATE SECURE CHOICE  ADMINISTRATIVE  FUND
ALL  GRANTS,  GIFTS, DONATIONS, FEES, AND EARNINGS FROM INVESTMENTS FROM
THE NEW YORK STATE SECURE CHOICE SAVINGS PROGRAM FUND THAT ARE  USED  TO
RECOVER  ADMINISTRATIVE  COSTS.  ALL EXPENSES OF THE BOARD SHALL BE PAID
FROM THE NEW YORK STATE SECURE CHOICE ADMINISTRATIVE FUND.
  V. DETERMINE WITHDRAWAL PROVISIONS, SUCH AS ECONOMIC HARDSHIPS, PORTA-
BILITY AND LEAKAGE.
  W. DETERMINE EMPLOYEE RIGHTS AND ENFORCEMENT OF PENALTIES.
  5. THE BOARD SHALL ANNUALLY PREPARE AND ADOPT A WRITTEN  STATEMENT  OF
INVESTMENT POLICY THAT INCLUDES A RISK MANAGEMENT AND OVERSIGHT PROGRAM.
THIS  INVESTMENT POLICY SHALL PROHIBIT THE BOARD, PROGRAM, AND FUND FROM
BORROWING FOR INVESTMENT PURPOSES. THE  RISK  MANAGEMENT  AND  OVERSIGHT
PROGRAM  SHALL  BE  DESIGNED TO ENSURE THAT AN EFFECTIVE RISK MANAGEMENT
SYSTEM IS IN PLACE TO MONITOR THE RISK LEVELS OF THE  PROGRAM  AND  FUND
PORTFOLIO,  TO  ENSURE  THAT  THE  RISKS  TAKEN ARE PRUDENT AND PROPERLY
MANAGED, TO PROVIDE AN INTEGRATED PROCESS FOR OVERALL  RISK  MANAGEMENT,
AND  TO  ASSESS  INVESTMENT  RETURNS AS WELL AS RISK TO DETERMINE IF THE
RISKS TAKEN ARE ADEQUATELY COMPENSATED COMPARED TO  APPLICABLE  PERFORM-
ANCE BENCHMARKS AND STANDARDS. THE BOARD SHALL CONSIDER THE STATEMENT OF
INVESTMENT  POLICY  AND ANY CHANGES IN THE INVESTMENT POLICY AT A PUBLIC
HEARING.
  6. A. THE BOARD SHALL ENGAGE, AFTER AN OPEN BID PROCESS, AN INVESTMENT
MANAGER OR MANAGERS TO INVEST THE FUND  AND  ANY  OTHER  ASSETS  OF  THE

S. 7505                            88                            A. 9505

PROGRAM.  MONEYS  IN THE FUND MAY BE INVESTED OR REINVESTED BY THE COMP-
TROLLER OR MAY BE INVESTED IN WHOLE OR IN PART. IN SELECTING THE INVEST-
MENT MANAGER OR MANAGERS, THE BOARD SHALL TAKE  INTO  CONSIDERATION  AND
GIVE  WEIGHT  TO  THE  INVESTMENT MANAGER'S FEES AND CHARGES IN ORDER TO
REDUCE THE PROGRAM'S ADMINISTRATIVE EXPENSES.
  B. THE INVESTMENT MANAGER OR MANAGERS SHALL COMPLY WITH  ANY  AND  ALL
APPLICABLE  FEDERAL  AND  STATE LAWS, RULES, AND REGULATIONS, AS WELL AS
ANY AND ALL RULES, POLICIES, AND   GUIDELINES PROMULGATED BY  THE  BOARD
WITH  RESPECT  TO THE PROGRAM AND THE INVESTMENT OF THE FUND, INCLUDING,
BUT NOT LIMITED TO, THE INVESTMENT POLICY.
  C. THE INVESTMENT MANAGER OR MANAGERS SHALL PROVIDE  SUCH  REPORTS  AS
THE  BOARD  DEEMS  NECESSARY  FOR  THE  BOARD TO OVERSEE EACH INVESTMENT
MANAGER'S PERFORMANCE AND THE PERFORMANCE OF THE FUND.
  7. A. THE BOARD SHALL ESTABLISH AS AN INVESTMENT OPTION  A  LIFE-CYCLE
FUND  WITH  A TARGET DATE BASED UPON THE AGE OF THE ENROLLEE. THIS SHALL
BE THE DEFAULT INVESTMENT OPTION FOR ENROLLEES  WHO  FAIL  TO  ELECT  AN
INVESTMENT  OPTION  UNLESS  AND UNTIL THE BOARD DESIGNATES BY RULE A NEW
INVESTMENT OPTION AS THE DEFAULT.
  B. THE BOARD MAY ALSO ESTABLISH ANY OR ALL OF THE FOLLOWING ADDITIONAL
INVESTMENT OPTIONS:
  (I) A CONSERVATIVE PRINCIPAL PROTECTION FUND;
  (II) A GROWTH FUND;
  (III) A SECURE RETURN FUND WHOSE PRIMARY OBJECTIVE IS THE PRESERVATION
OF THE SAFETY OF PRINCIPAL AND THE PROVISION OF A  STABLE  AND  LOW-RISK
RATE  OF  RETURN; IF THE BOARD ELECTS TO ESTABLISH A SECURE RETURN FUND,
THE BOARD MAY PROCURE ANY INSURANCE, ANNUITY, OR OTHER PRODUCT TO INSURE
THE VALUE OF ENROLLEES' ACCOUNTS AND GUARANTEE A  RATE  OF  RETURN;  THE
COST  OF  SUCH FUNDING MECHANISM SHALL BE PAID OUT OF THE FUND; UNDER NO
CIRCUMSTANCES SHALL THE BOARD, PROGRAM, FUND, THE STATE, OR ANY  PARTIC-
IPATING  EMPLOYER ASSUME ANY LIABILITY FOR INVESTMENT OR ACTUARIAL RISK;
THE BOARD SHALL DETERMINE WHETHER TO ESTABLISH SUCH  INVESTMENT  OPTIONS
BASED  UPON  AN  ANALYSIS  OF  THEIR  COST, RISK PROFILE, BENEFIT LEVEL,
FEASIBILITY, AND EASE OF IMPLEMENTATION; OR
  (IV) AN ANNUITY FUND.
  C. IF THE BOARD ELECTS TO ESTABLISH A SECURE RETURN  FUND,  THE  BOARD
SHALL  THEM  DETERMINE  WHETHER SUCH OPTION SHALL REPLACE THE LIFE-CYCLE
FUND AS THE DEFAULT INVESTMENT OPTION FOR ENROLLEES WHO DO NOT ELECT  AN
INVESTMENT OPTION. IN MAKING SUCH DETERMINATION, THE BOARD SHALL CONSID-
ER  THE COST, RISK PROFILE, BENEFIT LEVEL, AND EASE OF ENROLLMENT IN THE
SECURE RETURN FUND. THE BOARD MAY AT ANY TIME  THEREAFTER  REVISIT  THIS
QUESTION AND, BASED UPON AN ANALYSIS OF THESE CRITERIA, ESTABLISH EITHER
THE  SECURE RETURN FUND OR THE LIFE-CYCLE FUND AS THE DEFAULT FOR ENROL-
LEES WHO DO NOT ELECT AN INVESTMENT OPTION.
  8. INTEREST, INVESTMENT EARNINGS, AND INVESTMENT LOSSES SHALL BE ALLO-
CATED TO INDIVIDUAL PROGRAM ACCOUNTS AS ESTABLISHED BY THE BOARD  PURSU-
ANT  TO  THIS  ARTICLE. AN INDIVIDUAL'S RETIREMENT SAVINGS BENEFIT UNDER
THE PROGRAM SHALL BE AN AMOUNT EQUAL TO THE BALANCE IN THE  INDIVIDUAL'S
PROGRAM ACCOUNT ON THE DATE THE RETIREMENT SAVINGS BENEFIT BECOMES PAYA-
BLE. THE STATE SHALL HAVE NO LIABILITY FOR THE PAYMENT OF ANY BENEFIT TO
ANY ENROLLEE IN THE PROGRAM.
  9.  A.  PRIOR  TO THE OPENING OF THE PROGRAM FOR ENROLLMENT, THE BOARD
SHALL DESIGN AND DISSEMINATE TO ALL EMPLOYERS  AN  EMPLOYER  INFORMATION
PACKET  AND  AN  EMPLOYEE  INFORMATION PACKET, WHICH SHALL INCLUDE BACK-
GROUND INFORMATION ON THE PROGRAM, APPROPRIATE DISCLOSURES  FOR  EMPLOY-
EES, AND INFORMATION REGARDING THE VENDOR INTERNET WEBSITE DESCRIBED.

S. 7505                            89                            A. 9505

  B.  THE  BOARD  SHALL  PROVIDE  FOR  THE CONTENTS OF BOTH THE EMPLOYEE
INFORMATION PACKET AND THE EMPLOYER  INFORMATION  PACKET.  THE  EMPLOYEE
INFORMATION  PACKET SHALL BE MADE AVAILABLE IN ENGLISH, SPANISH, HAITIAN
CREOLE, CHINESE, KOREAN, RUSSIAN, ARABIC, AND  ANY  OTHER  LANGUAGE  THE
COMPTROLLER DEEMS NECESSARY.
  C.  THE  EMPLOYEE  INFORMATION PACKET SHALL INCLUDE A DISCLOSURE FORM.
THE DISCLOSURE FORM SHALL EXPLAIN, BUT NOT BE LIMITED  TO,  ALL  OF  THE
FOLLOWING:
  (I) THE BENEFITS AND RISKS ASSOCIATED WITH MAKING CONTRIBUTIONS TO THE
PROGRAM;
  (II) THE MECHANICS OF HOW TO MAKE CONTRIBUTIONS TO THE PROGRAM;
  (III) HOW TO OPT OUT OF THE PROGRAM;
  (IV)  HOW  TO  PARTICIPATE  IN  THE  PROGRAM  WITH A LEVEL OF EMPLOYEE
CONTRIBUTIONS OTHER THAN THREE PERCENT;
  (V) THAT THEY ARE NOT REQUIRED TO PARTICIPATE OR CONTRIBUTE MORE  THAN
THREE PERCENT;
  (VI) THAT THEY CAN OPT OUT AFTER THEY HAVE ENROLLED;
  (VII) THE PROCESS FOR WITHDRAWAL OF RETIREMENT SAVINGS;
  (VIII)  THE  PROCESS  FOR  SELECTING BENEFICIARIES OF THEIR RETIREMENT
SAVINGS;
  (IX) HOW TO OBTAIN ADDITIONAL INFORMATION ABOUT THE PROGRAM;
  (X) THAT EMPLOYEES SEEKING FINANCIAL ADVICE SHOULD  CONTACT  FINANCIAL
ADVISORS,  THAT PARTICIPATING EMPLOYERS ARE NOT IN A POSITION TO PROVIDE
FINANCIAL ADVICE, AND THAT PARTICIPATING EMPLOYERS ARE  NOT  LIABLE  FOR
DECISIONS EMPLOYEES MAKE PURSUANT TO THIS ARTICLE;
  (XI)  INFORMATION  ON  HOW  TO  ACCESS ANY FINANCIAL LITERACY PROGRAMS
IMPLEMENTED BY THE COMPTROLLER;
  (XII) THAT THE PROGRAM IS NOT AN EMPLOYER-SPONSORED  RETIREMENT  PLAN;
AND
  (XIII) THAT THE PROGRAM FUND IS NOT GUARANTEED BY THE STATE.
  D.  THE  EMPLOYEE  INFORMATION PACKET SHALL ALSO INCLUDE A FORM FOR AN
EMPLOYEE TO NOTE HIS OR HER DECISION TO OPT OUT OF PARTICIPATION IN  THE
PROGRAM  OR  ELECT TO PARTICIPATE WITH A LEVEL OF EMPLOYEE CONTRIBUTIONS
OTHER THAN THREE PERCENT.
  E. PARTICIPATING EMPLOYERS SHALL SUPPLY THE EMPLOYEE INFORMATION PACK-
ET TO EXISTING EMPLOYEES AT LEAST ONE MONTH PRIOR TO  THE  PARTICIPATING
EMPLOYERS'  LAUNCH  OF THE PROGRAM. PARTICIPATING EMPLOYERS SHALL SUPPLY
THE EMPLOYEE INFORMATION PACKET TO NEW EMPLOYEES AT THE TIME OF  HIRING,
AND  NEW  EMPLOYEES MAY OPT OUT OF PARTICIPATION IN THE PROGRAM OR ELECT
TO PARTICIPATE WITH A LEVEL OF EMPLOYEE CONTRIBUTIONS OTHER  THAN  THREE
PERCENT AT THAT TIME.
  10. EXCEPT AS OTHERWISE PROVIDED IN THIS ARTICLE, THE PROGRAM SHALL BE
IMPLEMENTED, AND ENROLLMENT OF EMPLOYEES SHALL BEGIN, WITHIN TWENTY-FOUR
MONTHS  AFTER THE EFFECTIVE DATE OF THIS SECTION. THE PROVISIONS OF THIS
SECTION SHALL BE IN FORCE AFTER THE BOARD OPENS THE PROGRAM FOR  ENROLL-
MENT.
  A. EACH PARTICIPATING EMPLOYER MAY ESTABLISH A PAYROLL DEPOSIT RETIRE-
MENT  SAVINGS  ARRANGEMENT  TO ALLOW EACH EMPLOYEE TO PARTICIPATE IN THE
PROGRAM AND BEGIN EMPLOYEE ENROLLMENT AT  MOST  NINE  MONTHS  AFTER  THE
BOARD OPENS THE PROGRAM FOR ENROLLMENT.
  B.  ENROLLEES  SHALL  HAVE  THE ABILITY TO SELECT A CONTRIBUTION LEVEL
INTO THE FUND. THIS LEVEL MAY BE EXPRESSED AS A PERCENTAGE OF  WAGES  OR
AS  A DOLLAR AMOUNT UP TO THE DEDUCTIBLE AMOUNT FOR THE ENROLLEE'S TAXA-
BLE YEAR UNDER SECTION 219(B)(1)(A) OF THE INTERNAL REVENUE CODE. ENROL-
LEES MAY CHANGE THEIR CONTRIBUTION LEVEL AT ANY TIME, SUBJECT  TO  RULES
PROMULGATED  BY THE BOARD. IF AN ENROLLEE FAILS TO SELECT A CONTRIBUTION

S. 7505                            90                            A. 9505

LEVEL USING THE FORM DESCRIBED IN THIS ARTICLE, THEN  HE  OR  SHE  SHALL
CONTRIBUTE  THREE  PERCENT  OF HIS OR HER WAGES TO THE PROGRAM, PROVIDED
THAT SUCH CONTRIBUTIONS SHALL NOT CAUSE THE  ENROLLEE'S  TOTAL  CONTRIB-
UTIONS  TO  IRAS  FOR  THE  YEAR TO EXCEED THE DEDUCTIBLE AMOUNT FOR THE
ENROLLEE'S TAXABLE YEAR  UNDER  SECTION  219(B)(1)(A)  OF  THE  INTERNAL
REVENUE  CODE.  NOTWITHSTANDING  ANY OTHER PROVISION OF LAW, ANY PARTIC-
IPATING ENROLLEE, WHOSE EMPLOYER FAILS TO MAKE  EMPLOYEE  DEDUCTIONS  IN
ACCORDANCE  WITH  THE  PROVISIONS OF SECTION ONE HUNDRED NINETY-THREE OF
THE LABOR LAW, MAY BRING AN ACTION,  PURSUANT  TO  SECTION  ONE  HUNDRED
NINETY-EIGHT  OF  THE  LABOR  LAW,  TO RECOVER SUCH MONIES. FURTHER, ANY
PARTICIPATING EMPLOYER, WHO FAILS TO MAKE EMPLOYEE DEDUCTIONS IN ACCORD-
ANCE WITH THE PROVISIONS OF SECTION  ONE  HUNDRED  NINETY-THREE  OF  THE
LABOR  LAW,  SHALL BE SUBJECT TO THE PENALTIES AND FINES PROVIDED FOR IN
SECTION ONE HUNDRED NINETY-EIGHT-A OF THE LABOR LAW.
  C. ENROLLEES MAY  SELECT  AN  INVESTMENT  OPTION  FROM  THE  PERMITTED
INVESTMENT  OPTIONS  LISTED  IN THIS ARTICLE. ENROLLEES MAY CHANGE THEIR
INVESTMENT OPTION AT ANY TIME,  SUBJECT  TO  RULES  PROMULGATED  BY  THE
BOARD.  IN  THE  EVENT  THAT  AN  ENROLLEE FAILS TO SELECT AN INVESTMENT
OPTION, THAT ENROLLEE SHALL BE PLACED IN THE INVESTMENT OPTION  SELECTED
BY  THE  BOARD  AS  THE DEFAULT UNDER THIS ARTICLE. IF THE BOARD HAS NOT
SELECTED A DEFAULT INVESTMENT OPTION UNDER THIS ARTICLE, THEN AN  ENROL-
LEE  WHO  FAILS  TO  SELECT  AN INVESTMENT OPTION SHALL BE PLACED IN THE
LIFE-CYCLE FUND INVESTMENT OPTION.
  D. FOLLOWING INITIAL IMPLEMENTATION OF THE PROGRAM  PURSUANT  TO  THIS
SECTION,  AT LEAST ONCE EVERY YEAR, PARTICIPATING EMPLOYERS SHALL DESIG-
NATE AN OPEN ENROLLMENT PERIOD DURING  WHICH  EMPLOYEES  WHO  PREVIOUSLY
OPTED OUT OF THE PROGRAM MAY ENROLL IN THE PROGRAM.
  E.  AN  EMPLOYEE WHO OPTS OUT OF THE PROGRAM WHO SUBSEQUENTLY WANTS TO
PARTICIPATE THROUGH THE PARTICIPATING EMPLOYER'S PAYROLL DEPOSIT RETIRE-
MENT SAVINGS  ARRANGEMENT  MAY  ONLY  ENROLL  DURING  THE  PARTICIPATING
EMPLOYER'S  DESIGNATED  OPEN  ENROLLMENT  PERIOD  OR IF PERMITTED BY THE
PARTICIPATING EMPLOYER AT AN EARLIER TIME.
  F. EMPLOYERS SHALL RETAIN THE OPTION AT ALL TIMES TO SET UP  ANY  TYPE
OF EMPLOYER-SPONSORED RETIREMENT PLAN INSTEAD OF HAVING A PAYROLL DEPOS-
IT RETIREMENT SAVINGS ARRANGEMENT TO ALLOW EMPLOYEE PARTICIPATION IN THE
PROGRAM.
  G.  AN  ENROLLEE MAY TERMINATE HIS OR HER PARTICIPATION IN THE PROGRAM
AT ANY TIME IN A MANNER PRESCRIBED BY THE BOARD.
  H. THE BOARD SHALL, IN CONJUNCTION WITH THE OFFICE OF THE STATE  COMP-
TROLLER,  ESTABLISH  AND MAINTAIN A SECURE WEBSITE WHEREIN ENROLLEES MAY
LOG IN AND ACQUIRE INFORMATION REGARDING  CONTRIBUTIONS  AND  INVESTMENT
INCOME  ALLOCATED  TO,  WITHDRAWALS  FROM, AND BALANCES IN THEIR PROGRAM
ACCOUNTS FOR THE REPORTING PERIOD. SUCH WEBSITE MUST ALSO INCLUDE INFOR-
MATION FOR THE  ENROLLEES  REGARDING  OTHER  OPTIONS  AVAILABLE  TO  THE
EMPLOYEE  AND  HOW  THEY  CAN  TRANSFER THEIR ACCOUNTS TO OTHER PROGRAMS
SHOULD THEY WISH TO DO SO. SUCH WEBSITE MAY INCLUDE ANY  OTHER  INFORMA-
TION REGARDING THE PROGRAM AS THE BOARD MAY DETERMINE.
  11.  EMPLOYEE  CONTRIBUTIONS  DEDUCTED  BY  THE PARTICIPATING EMPLOYER
THROUGH PAYROLL DEDUCTION SHALL BE PAID BY THE PARTICIPATING EMPLOYER TO
THE FUND USING ONE OR MORE PAYROLL DEPOSIT RETIREMENT  SAVINGS  ARRANGE-
MENTS ESTABLISHED BY THE BOARD UNDER THIS ARTICLE, EITHER:
  A. ON OR BEFORE THE LAST DAY OF THE MONTH FOLLOWING THE MONTH IN WHICH
THE  COMPENSATION  OTHERWISE  WOULD HAVE BEEN PAYABLE TO THE EMPLOYEE IN
CASH; OR
  B. BEFORE SUCH LATER DEADLINE PRESCRIBED BY THE BOARD FOR MAKING  SUCH
PAYMENTS,  BUT  NOT  LATER  THAN  THE  DUE  DATE  FOR THE DEPOSIT OF TAX

S. 7505                            91                            A. 9505

REQUIRED TO BE DEDUCTED AND WITHHELD RELATING TO  COLLECTION  OF  INCOME
TAX  AT  SOURCE  ON  WAGES OR FOR THE DEPOSIT OF TAX REQUIRED TO BE PAID
UNDER THE UNEMPLOYMENT INSURANCE SYSTEM FOR THE PAYROLL PERIOD TO  WHICH
SUCH PAYMENTS RELATE.
  12.  A. THE STATE SHALL HAVE NO DUTY OR LIABILITY TO ANY PARTY FOR THE
PAYMENT OF ANY RETIREMENT SAVINGS BENEFITS ACCRUED BY ANY ENROLLEE UNDER
THE PROGRAM. ANY FINANCIAL  LIABILITY  FOR  THE  PAYMENT  OF  RETIREMENT
SAVINGS BENEFITS IN EXCESS OF FUNDS AVAILABLE UNDER THE PROGRAM SHALL BE
BORNE  SOLELY  BY  THE ENTITIES WITH WHOM THE BOARD CONTRACTS TO PROVIDE
INSURANCE TO PROTECT THE VALUE OF THE PROGRAM.
  B. NO STATE BOARD, COMMISSION, OR AGENCY, OR ANY OFFICER, EMPLOYEE, OR
MEMBER THEREOF IS LIABLE FOR  ANY  LOSS  OR  DEFICIENCY  RESULTING  FROM
INVESTMENTS  SELECTED  UNDER THIS ARTICLE, EXCEPT FOR ANY LIABILITY THAT
ARISES OUT OF A BREACH OF FIDUCIARY DUTY.
  13. A. PARTICIPATING EMPLOYERS SHALL NOT HAVE  ANY  LIABILITY  FOR  AN
EMPLOYEE'S DECISION TO PARTICIPATE IN, OR OPT OUT OF, THE PROGRAM OR FOR
THE INVESTMENT DECISIONS OF THE BOARD OR OF ANY ENROLLEE.
  B. A PARTICIPATING EMPLOYER SHALL NOT BE A FIDUCIARY, OR CONSIDERED TO
BE  A  FIDUCIARY,  OVER  THE PROGRAM. A PARTICIPATING EMPLOYER SHALL NOT
BEAR RESPONSIBILITY FOR THE ADMINISTRATION,  INVESTMENT,  OR  INVESTMENT
PERFORMANCE OF THE PROGRAM. A PARTICIPATING EMPLOYER SHALL NOT BE LIABLE
WITH  REGARD TO INVESTMENT RETURNS, PROGRAM DESIGN, AND BENEFITS PAID TO
PROGRAM PARTICIPANTS.
  14. A. THE BOARD SHALL  ANNUALLY  SUBMIT:  (I)  AN  AUDITED  FINANCIAL
REPORT,  PREPARED IN ACCORDANCE WITH GENERALLY ACCEPTED ACCOUNTING PRIN-
CIPLES, ON THE OPERATIONS OF THE PROGRAM DURING EACH  CALENDAR  YEAR  BY
JULY  FIRST  OF THE FOLLOWING YEAR TO THE GOVERNOR, THE COMPTROLLER, THE
SUPERINTENDENT AND THE SENATE AND ASSEMBLY; AND (II) A  REPORT  PREPARED
BY  THE  BOARD, WHICH SHALL INCLUDE, BUT IS NOT LIMITED TO, A SUMMARY OF
THE BENEFITS PROVIDED BY THE PROGRAM, INCLUDING THE NUMBER OF  ENROLLEES
IN  THE  PROGRAM,  THE  PERCENTAGE AND AMOUNTS OF INVESTMENT OPTIONS AND
RATES OF RETURN, AND SUCH OTHER INFORMATION THAT IS RELEVANT TO  MAKE  A
FULL,  FAIR,  AND  EFFECTIVE DISCLOSURE OF THE OPERATIONS OF THE PROGRAM
AND THE FUND. THE ANNUAL AUDIT SHALL BE MADE BY AN INDEPENDENT CERTIFIED
PUBLIC ACCOUNTANT AND SHALL INCLUDE, BUT IS NOT LIMITED TO,  DIRECT  AND
INDIRECT COSTS ATTRIBUTABLE TO THE USE OF OUTSIDE CONSULTANTS, INDEPEND-
ENT  CONTRACTORS,  AND ANY OTHER PERSONS WHO ARE NOT STATE EMPLOYEES FOR
THE ADMINISTRATION OF THE PROGRAM.
  B. IN ADDITION TO ANY OTHER STATEMENTS OR REPORTS REQUIRED BY LAW, THE
BOARD SHALL PROVIDE PERIODIC REPORTS  AT  LEAST  ANNUALLY  TO  ENROLLEES
REPORTING  CONTRIBUTIONS AND INVESTMENT INCOME ALLOCATED TO, WITHDRAWALS
FROM, AND BALANCES IN THEIR PROGRAM ACCOUNTS FOR THE  REPORTING  PERIOD.
SUCH  REPORTS MAY INCLUDE ANY OTHER INFORMATION REGARDING THE PROGRAM AS
THE BOARD MAY DETERMINE.
  15. IF THE BOARD DOES NOT  OBTAIN  ADEQUATE  FUNDS  TO  IMPLEMENT  THE
PROGRAM WITHIN THE TIMEFRAME SET FORTH UNDER THIS ARTICLE AND IS SUBJECT
TO APPROPRIATION, THE BOARD MAY DELAY THE IMPLEMENTATION OF THE PROGRAM.
  § 2. The state finance law is amended by adding two new sections 99-bb
and 99-cc to read as follows:
  §  99-BB.  NEW YORK STATE SECURE CHOICE SAVINGS PROGRAM FUND. A. THERE
IS HEREBY ESTABLISHED WITHIN THE JOINT CUSTODY OF  THE  COMMISSIONER  OF
TAXATION AND FINANCE AND THE STATE COMPTROLLER, IN CONSULTATION WITH THE
NEW  YORK  STATE  DEFERRED COMPENSATION BOARD, A FUND TO BE KNOWN AS THE
NEW YORK STATE SECURE CHOICE SAVINGS PROGRAM FUND.
  B. THE FUND SHALL INCLUDE THE INDIVIDUAL RETIREMENT ACCOUNTS OF ENROL-
LEES, WHICH SHALL BE ACCOUNTED FOR AS INDIVIDUAL ACCOUNTS.

S. 7505                            92                            A. 9505

  C. MONEYS IN THE FUND SHALL CONSIST OF MONEYS RECEIVED FROM  ENROLLEES
AND PARTICIPATING EMPLOYERS PURSUANT TO AUTOMATIC PAYROLL DEDUCTIONS AND
CONTRIBUTIONS  TO  SAVINGS  MADE  UNDER THE NEW YORK STATE SECURE CHOICE
SAVINGS PROGRAM PURSUANT TO SECTION FIVE-A OF THIS CHAPTER.
  D.  THE  FUND SHALL BE OPERATED IN A MANNER DETERMINED BY THE NEW YORK
STATE DEFERRED COMPENSATION BOARD, PROVIDED THAT THE FUND IS OPERATED SO
THAT THE ACCOUNTS OF ENROLLEES ESTABLISHED UNDER THE  PROGRAM  MEET  THE
REQUIREMENTS FOR IRAS UNDER THE INTERNAL REVENUE CODE.
  E.  THE AMOUNTS DEPOSITED IN THE FUND SHALL NOT CONSTITUTE PROPERTY OF
THE STATE AND THE FUND SHALL NOT BE CONSTRUED TO BE A DEPARTMENT, INSTI-
TUTION, OR AGENCY OF THE STATE. AMOUNTS ON DEPOSIT IN THE FUND SHALL NOT
BE COMMINGLED WITH STATE FUNDS AND THE STATE SHALL HAVE NO CLAIM  TO  OR
AGAINST, OR INTEREST IN, SUCH FUNDS.
  § 99-CC. NEW YORK STATE SECURE CHOICE ADMINISTRATIVE FUND. A. THERE IS
HEREBY ESTABLISHED WITHIN THE JOINT CUSTODY OF THE COMMISSIONER OF TAXA-
TION AND FINANCE AND THE STATE COMPTROLLER, IN CONSULTATION WITH THE NEW
YORK  STATE  DEFERRED  COMPENSATION BOARD, A FUND TO BE KNOWN AS THE NEW
YORK STATE SECURE CHOICE ADMINISTRATIVE FUND.
  B. THE NEW YORK STATE DEFERRED COMPENSATION BOARD SHALL USE MONEYS  IN
SUCH  FUND  TO PAY FOR ADMINISTRATIVE EXPENSES IT INCURS IN THE PERFORM-
ANCE OF ITS DUTIES UNDER  THE  NEW  YORK  STATE  SECURE  CHOICE  SAVINGS
PROGRAM PURSUANT TO SECTION FIVE-A OF THIS CHAPTER.
  C.  THE NEW YORK STATE DEFERRED COMPENSATION BOARD SHALL USE MONEYS IN
SUCH FUND TO COVER START-UP ADMINISTRATIVE EXPENSES  IT  INCURS  IN  THE
PERFORMANCE OF ITS DUTIES UNDER SECTION FIVE-A OF THIS CHAPTER.
  D.  SUCH  FUND  MAY  RECEIVE ANY GRANTS OR OTHER MONEYS DESIGNATED FOR
ADMINISTRATIVE PURPOSES FROM THE STATE, OR ANY UNIT OF FEDERAL OR  LOCAL
GOVERNMENT,  OR ANY OTHER PERSON, FIRM, PARTNERSHIP, OR CORPORATION. ANY
INTEREST EARNINGS THAT ARE ATTRIBUTABLE TO MONEYS IN SUCH FUND  MUST  BE
DEPOSITED INTO THE SUCH FUND.
  § 3. This act shall take effect immediately.

                                 PART Y

  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

S. 7505                            93                            A. 9505

[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 THE 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 Z

  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,  an  amount
equal  to  the  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;
PROVIDED, HOWEVER, SUCH PAYMENT FOR THE STANDARD MEDICARE PREMIUM CHARGE
SHALL  NOT  EXCEED  ONE  HUNDRED  THIRTY-FOUR DOLLARS PER MONTH.   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, employ-
ee, retired employee and dependent contributions to the health insurance
fund, including contributions from public  authorities,  public  benefit
corporations  or  other quasi-public organizations of the state eligible
for participation in the health benefit plan as authorized  by  subdivi-
sion  two  of  section one hundred sixty-three of this article, shall be
adjusted as necessary to cover the cost of reimbursing federal  old-age,
survivors  and  disability  insurance program premium charges under this
section. This cost shall be included in the calculation  of  premium  or
subscription  charges  for  health  coverage  provided  to employees and
retired employees of  the  state,  public  authorities,  public  benefit

S. 7505                            94                            A. 9505

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  to  the
standard medicare premium amount on and after April 1, 2018.

                                 PART AA

  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,  an  amount
equal  to  the  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 NINETEEN THERE SHALL
BE NO PAYMENT WHATSOEVER  FOR  THE  INCOME  RELATED  MONTHLY  ADJUSTMENT
AMOUNT  FOR  AMOUNTS  (PREMIUMS) INCURRED ON OR AFTER JANUARY FIRST, TWO
THOUSAND EIGHTEEN 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 January
1, 2018 for the income related monthly adjustment  amount  for  amounts,
premiums, incurred on or after January 1, 2018.

                                 PART BB

S. 7505                            95                            A. 9505

  Section  1.  Section  5004  of  the  civil  practice law and rules, as
amended by chapter 258 of the laws  of  1981,  is  amended  to  read  as
follows:
  §  5004.  Rate of interest. [Interest shall be at the rate of nine per
centum per annum, except where otherwise provided by statute.]  NOTWITH-
STANDING  ANY  OTHER  PROVISION  OF  LAW  OR REGULATION TO THE CONTRARY,
INCLUDING ANY LAW OR REGULATION THAT LIMITS THE ANNUAL RATE OF  INTEREST
TO  BE  PAID ON A JUDGMENT OR ACCRUED CLAIM, THE ANNUAL RATE OF INTEREST
TO BE PAID ON A JUDGMENT OR ACCRUED CLAIM SHALL  BE  CALCULATED  AT  THE
ONE-YEAR  UNITED  STATES  TREASURY  BILL  RATE. FOR THE PURPOSES OF THIS
SECTION, THE "ONE-YEAR UNITED STATES TREASURY BILL RATE" MEANS THE WEEK-
LY 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.
  § 2. This act shall take effect immediately, and shall  be  deemed  to
have been in full force and effect on and after April 1, 2018.

                                 PART CC

  Section  1.  Paragraph  p of subdivision 10 of section 54 of the state
finance law, as amended by section 2 of part K of chapter 57 of the laws
of 2011 and subparagraph (ii) as amended by chapter 30 of  the  laws  of
2013, is amended to read as follows:
  p.  Citizen empowerment tax credit. (i) For the purposes of this para-
graph, "municipalities" shall mean cities with a  population  less  than
one million, towns and villages INCORPORATED ON OR BEFORE DECEMBER THIR-
TY-FIRST, TWO THOUSAND SEVENTEEN.
  (ii)  Within the annual amounts appropriated therefor, surviving muni-
cipalities following a consolidation  or  dissolution  occurring  on  or
after  the state fiscal year commencing April first, two thousand seven,
and any new coterminous town-village established after July  first,  two
thousand  twelve that operates principally as a town or as a village but
not as both a town and a village, shall  be  awarded  additional  annual
aid,  starting  in the state fiscal year following the state fiscal year
in which such reorganization took effect, equal to  fifteen  percent  of
the  combined amount of real property taxes levied by all of the munici-
palities participating in the reorganization in the  local  fiscal  year
prior to the local fiscal year in which such reorganization took effect.
In  instances  of  the dissolution of a village located in more than one
town, such additional aid shall equal the sum of fifteen percent of  the
real  property  taxes  levied by such village in the village fiscal year
prior to the village fiscal year in which such dissolution  took  effect
plus fifteen percent of the average amount of real property taxes levied
by  the  towns  in which the village was located in the town fiscal year
prior to the town fiscal year in which such dissolution took effect, and
shall be divided among such  towns  based  on  the  percentage  of  such
village's  population  that  resided  in  each  such town as of the most
recent federal decennial census. In no case shall the additional  ANNUAL
aid  pursuant to this paragraph exceed one million dollars. FOR VILLAGES
IN WHICH A MAJORITY OF THE ELECTORS VOTING AT A REFERENDUM ON A PROPOSED
DISSOLUTION PURSUANT TO SECTION SEVEN  HUNDRED  EIGHTY  OF  THE  GENERAL
MUNICIPAL  LAW VOTE IN FAVOR OF DISSOLUTION AFTER DECEMBER THIRTY-FIRST,
TWO THOUSAND SEVENTEEN, IN NO  CASE  SHALL  THE  ADDITIONAL  ANNUAL  AID
PURSUANT  TO  THIS PARAGRAPH EXCEED THE LESSER OF ONE MILLION DOLLARS OR
THE AMOUNT OF REAL PROPERTY TAXES LEVIED BY SUCH VILLAGE IN THE  VILLAGE
FISCAL  YEAR  PRIOR TO THE VILLAGE FISCAL YEAR IN WHICH SUCH DISSOLUTION

S. 7505                            96                            A. 9505

TOOK EFFECT. Such additional ANNUAL aid shall be apportioned and paid to
the chief fiscal officer of each  eligible  municipality  on  or  before
September  twenty-fifth  of  each  such  state  fiscal year on audit and
warrant  of  the  state  comptroller  out  of moneys appropriated by the
legislature for such purpose to the credit of the local assistance fund.
  (iii) Any municipality receiving  a  citizen  empowerment  tax  credit
pursuant  to  this  paragraph shall use at least seventy percent of such
aid for property tax relief and the balance  of  such  aid  for  general
municipal  purposes.  For each local fiscal year following the effective
date of the chapter of the laws of two  thousand  eleven  which  amended
this paragraph in which such aid is payable, a statement shall be placed
on  each  property  tax  bill for such municipality in substantially the
following form: "Your property tax savings this year resulting from  the
State  Citizen  Empowerment  Tax  Credit received as the result of local
government re-organization is $______." The property  tax  savings  from
the  citizen  empowerment tax credit for each property tax bill shall be
calculated by (1) multiplying the amount of the citizen empowerment  tax
credit  used  for  property  tax  relief by the amount of property taxes
levied on such property by such municipality and (2) dividing the result
by the total amount of property taxes levied by such municipality.
  § 2. This act shall take effect immediately.

                                 PART DD

  Section 1. This part enacts into law components of legislation  relat-
ing  to  local  government  shared  services.   Each component is wholly
contained within a Subpart identified  as  Subparts  A  through  B.  The
effective  date  for  each  particular  provision  contained within such
Subpart is set forth in the last section of such Subpart. Any  provision
in  any section contained within a Subpart, including the effective date
of the Subpart, which makes a reference to a section "of this act", when
used in connection with that particular component, shall  be  deemed  to
mean  and  refer to the corresponding section of the Subpart in which it
is found. Section three of this Part sets forth  the  general  effective
date of this Part.

                                SUBPART A

  Section 1. Section 106-b of the uniform justice court act, as added by
chapter 87 of the laws of 2008, is amended to read as follows:
§ 106-b. Election  of [a single] ONE OR MORE town [justice] JUSTICES for
           two or more adjacent towns.
  1. Two or more adjacent towns within the same county,  acting  by  and
through  their  town boards, are authorized to jointly undertake a study
relating to the election of  [a  single]  ONE  OR  MORE  town  [justice]
JUSTICES  who  shall  preside in the town courts of each such town. Such
study shall be commenced upon and conducted pursuant to a  joint  resol-
ution  adopted  by the town board of each such adjacent town. Such joint
resolution or a certified copy thereof shall upon adoption be  filed  in
the  office  of  the  town  clerk of each adjacent town which adopts the
resolution. No study authorized by this subdivision shall  be  commenced
until the joint resolution providing for the study shall have been filed
with  the  town clerks of at least two adjacent towns which adopted such
joint resolution.
  2. Within thirty days after the conclusion of a study conducted pursu-
ant to subdivision one of this  section,  each  town  which  shall  have

S. 7505                            97                            A. 9505

adopted  the  joint resolution providing for the study shall publish, in
its official newspaper or, if there be no official newspaper, in a news-
paper published in the county and having a  general  circulation  within
such  town,  notice that the study has been concluded and the time, date
and place of the town public hearing on  such  study.  Each  town  shall
conduct a public hearing on the study, conducted pursuant to subdivision
one of this section, not less than twenty days nor more than thirty days
after publication of the notice of such public hearing.
  3.  The  town  board  of  each town party to the study shall conduct a
public hearing upon the findings of such study, and shall hear testimony
and receive evidence and information thereon with regard to the election
of one OR MORE town [justice] JUSTICES to preside over the  town  courts
of  the adjacent towns which are parties to the joint resolution provid-
ing for the study.
  4. Within sixty days of the last public hearing upon a study conducted
pursuant to subdivision one of this section, town boards  of  each  town
which  participated  in such study shall determine whether the town will
participate in a joint plan providing for the election of [a single] ONE
OR MORE town [justice] JUSTICES to preside in the town courts of two  or
more  adjacent towns.  Every such joint plan shall only be approved by a
town by the adoption of a resolution by the town board providing for the
adoption of such joint plan. In the event two  or  more  adjacent  towns
fail  to  adopt a joint plan, all proceedings authorized by this section
shall terminate and the town courts of  such  towns  shall  continue  to
operate in accordance with the existing provisions of law.
  5.  Upon  the  adoption of a joint plan by two or more adjacent towns,
the town boards of the towns adopting such plan shall each adopt a joint
resolution providing for:
  a. the election of [a single] ONE OR MORE town [justice]  JUSTICES  at
large to preside in the town courts of the participating towns;
  b. the abolition of the existing office of town justice in the partic-
ipating towns; and
  c.  the  election of [such single] ONE OR MORE town [justice] JUSTICES
shall occur at the next general election  of  town  officers  and  every
fourth year thereafter.
  6.  Upon the adoption of a joint resolution, such [resolution shall be
forwarded to the state legislature, and  shall  constitute  a  municipal
home rule message pursuant to article nine of the state constitution and
the  municipal home rule law. No such joint resolution shall take effect
until state legislation enacting the joint resolution shall have  become
a  law]  JOINT  PLAN  THAT PROVIDES FOR THE ELECTION OF ONE OR MORE TOWN
JUSTICES TO PRESIDE IN THE TOWN COURTS OF TWO  OR  MORE  ADJACENT  TOWNS
SHALL  BE  DEEMED  EFFECTIVE  AND  SHALL  BE  IMPLEMENTED  IN THE MANNER
PROVIDED IN SUCH RESOLUTION.
  7. Every town justice elected to preside in multiple towns pursuant to
this section shall have jurisdiction in each of the participating  adja-
cent  towns, shall preside in the town courts of such towns, shall main-
tain separate records and dockets for each town court, and  shall  main-
tain  a  separate  bank  account  for each town court for the deposit of
moneys received by each town court.
  8. In the event any town court  operated  pursuant  to  a  joint  plan
enacted into law pursuant to this section is without the services of the
[single] ONE OR MORE town [justice] JUSTICES because of absence or disa-
bility,  the  provisions  of section one hundred six of this article and
the town law shall apply.
  § 2. This act shall take effect immediately.

S. 7505                            98                            A. 9505

                                SUBPART B

  Section  1.  Section  119-u  of the general municipal law, as added by
chapter 242 of the laws of 1993, subdivision 3 as amended by chapter 418
of the laws of 1995, is amended to read as follows:
  § 119-u. Intermunicipal cooperation in comprehensive planning and land
use regulation. 1. Legislative intent.   This  section  is  intended  to
illustrate AND BROADEN the statutory authority that any municipal corpo-
ration  has  under  article five-G of this chapter and place within land
use, PLANNING AND ZONING law express statutory authority  for  COUNTIES,
cities,  towns,  and  villages  to  enter  into  agreements to undertake
comprehensive planning, ZONING, and land use regulation with each  other
or one for the other, and to provide that any city, town, or village may
contract  with a county to carry out all or a portion of the [ministeri-
al] functions related to the land use, PLANNING AND ZONING of such COUN-
TY, city, town or village as may be agreed upon.  By  the  enactment  of
this  section the legislature seeks to promote intergovernmental cooper-
ation that could result in increased coordination and  effectiveness  of
comprehensive  planning, ZONING, and land use regulation, more efficient
use of infrastructure and municipal revenues, as well  as  the  enhanced
protection  of community resources, especially where such resources span
municipal boundaries.
  2. Authorization and effects. (a) In addition to any other general  or
special  powers  vested  in a COUNTY, city, town or village to prepare a
comprehensive plan and enact and administer  land  use  regulations,  by
local  law  or ordinance, rule or regulation, each COUNTY, city, town or
village is hereby authorized to enter into, amend, cancel and  terminate
agreements  with  any  other municipality or municipalities to undertake
all or a portion of such powers, functions and duties.
  (b) Any one or more municipalities  located  in  a  county  which  has
established a county planning board, commission or other agency, herein-
after  referred to as a county planning agency, are hereby authorized to
enter into, amend, cancel and terminate agreements with such  county  in
order  to  authorize the county planning agency to perform and carry out
certain [ministerial] functions on behalf of such municipality or  muni-
cipalities  related to land use, planning and zoning. Such functions may
include, but are not limited to, acting in an advisory capacity, assist-
ing in the preparation of comprehensive  plans,  ZONING,  and  land  use
regulations  to  be adopted and enforced by such municipality or munici-
palities and participating in the formation and functions of  individual
or  joint administrative boards and bodies formed by one or more munici-
palities. THE ADMINISTRATION AND ENFORCEMENT  OF  ZONING  AND  LAND  USE
REGULATIONS  MAY BE PERFORMED IN ACCORDANCE WITH A PROGRAM AUTHORIZED IN
ACCORDANCE WITH SECTIONS ONE HUNDRED NINETEEN-V AND  ONE  HUNDRED  NINE-
TEEN-W OF THIS ARTICLE.
  (c) Such agreements shall apply only to the performance or exercise of
any  function  or power which each of the municipal corporations has the
authority by any general or special law to prescribe, perform, or  exer-
cise separately.
  3. Definitions. As used herein:
  (a) "Municipality", means a city, town or village.
  (b)  "Land use regulation", means an ordinance or local law enacted by
a municipality for the regulation of any aspect of land use and communi-
ty resource protection and includes any zoning, subdivision, special use
permit or site plan regulation or any other regulations which  prescribe

S. 7505                            99                            A. 9505

the appropriate use of property or the scale, location, and intensity of
development.
  (c)  "Community  resource",  means a specific public facility, infras-
tructure system, or geographic area  of  special  economic  development,
environmental,  scenic, cultural, historic, recreational, parkland, open
space, natural resource, or other unique significance, located wholly or
partially within the boundaries of one or more given municipalities.
  (d) "Intermunicipal  overlay  district",  means  a  special  land  use
district  which  encompasses  all  or  a  portion of one or more munici-
palities for the purpose of protecting, enhancing, or developing one  or
more community resources as provided herein.
  4.  Intermunicipal agreements. In addition to any other powers granted
to [municipalities] A COUNTY, CITY, TOWN, OR VILLAGE  to  contract  with
each  other  to undertake joint, cooperative agreements any municipality
may:
  (a) create a consolidated planning board OR SUBMIT A  REQUEST  TO  THE
COUNTY LEGISLATIVE BODY FOR THE CREATION OF A COUNTY PLANNING BOARD, ANY
ONE  OF  which  may  replace  individual  planning boards, if any, which
consolidated OR COUNTY planning board shall have the powers  and  duties
as shall be determined by such agreement;
  (b)  create a consolidated zoning board of appeals OR SUBMIT A REQUEST
TO THE COUNTY LEGISLATIVE BODY FOR THE CREATION OF A COUNTY ZONING BOARD
OF APPEALS, ANY ONE OF which may replace  individual  zoning  boards  of
appeals,  if  any,  which consolidated OR COUNTY zoning board of appeals
shall have the powers and duties as shall be determined by  such  agree-
ment;
  (c)  create a comprehensive plan and/or land use regulations which may
be adopted independently by each participating municipality;
  (d) provide for a land  use  administration  and  enforcement  program
which  may  replace  individual  land use administration and enforcement
programs, if any, the terms and conditions of which shall be  set  forth
in such agreement; and
  (e)  create  an  intermunicipal  overlay  district  for the purpose of
protecting, enhancing, or developing community resources that  encompass
two or more municipalities.
  5. Special considerations. (a) Making joint agreements.  Any agreement
made  pursuant  to the provisions of this section may contain provisions
as the parties deem to be appropriate, and including provisions relative
to the items designated in paragraphs a through m inclusive as set forth
in subdivision two of section one hundred nineteen-o of this chapter.
  (b) Establishing the duration of agreement. Any  local  law  developed
pursuant  to  the  provisions of this section may contain procedures for
periodic review of the terms and conditions, including those relating to
the duration, extension or termination of the agreement.
  (c) Amending local laws or ordinances. Local laws or ordinances  shall
be  amended,  as  appropriate,  to  reflect  the provisions contained in
intermunicipal agreements established pursuant to the provisions of this
section.
  6. Appeal of action  by  aggrieved  party  or  parties.  Any  officer,
department, board or bureau of any municipality with the approval of the
legislative  body,  or  any  person  or  persons  jointly  or  severally
aggrieved by any act or decision of a planning  board,  COUNTY  PLANNING
BOARD, zoning board of appeals, COUNTY ZONING BOARD OF APPEALS, or agen-
cy  created  pursuant  to  the  provisions of this [section] ARTICLE may
bring a proceeding by article seventy-eight of the  civil  practice  law
and rules in a court of record on the ground that such decision is ille-

S. 7505                            100                           A. 9505

gal, in whole or in part. Such proceeding must be commenced within thir-
ty  days  after  the  filing of the decision in the office of the board.
Commencement of the proceeding BY ARTICLE  SEVENTY-EIGHT  OF  THE  CIVIL
PRACTICE  LAW AND RULES IN A COURT shall stay ALL OTHER proceedings upon
the decision from which the appeal is taken. All issues in any  proceed-
ing  under this [section] ARTICLE shall have a preference over all other
civil actions and proceedings.
  7. Any agreements made between two or more [municipalities]  COUNTIES,
CITIES, TOWNS, OR VILLAGES pursuant to article five-G of this chapter or
other  law which provides for the undertaking of any land use, PLANNING,
AND ZONING regulation or activity on a joint,  cooperative  or  contract
basis, if valid when so made, shall not be invalidated by the provisions
of this [section] ARTICLE.
  8.  TRAINING AND ATTENDANCE REQUIREMENTS.  (A) EACH MEMBER OF A COUNTY
ZONING BOARD OF APPEALS, COUNTY PLANNING BOARD,  OR  OTHER  COUNTY  BODY
ESTABLISHED TO APPROVE LAND USE, PLANNING OR ZONING APPLICATIONS THAT IS
SUBJECT TO AN AGREEMENT UNDER THIS ARTICLE SHALL COMPLETE, AT A MINIMUM,
FOUR HOURS OF TRAINING EACH YEAR DESIGNED TO ENABLE SUCH MEMBERS TO MORE
EFFECTIVELY  CARRY  OUT  THEIR  DUTIES. TRAINING RECEIVED BY A MEMBER IN
EXCESS OF FOUR HOURS IN ANY ONE YEAR MAY BE CARRIED OVER BY  THE  MEMBER
INTO SUCCEEDING YEARS IN ORDER TO MEET THE REQUIREMENTS OF THIS SUBDIVI-
SION.  SUCH  TRAINING  SHALL  BE  APPROVED  BY  THE GOVERNING BOARD THAT
APPOINTED THE MEMBER AND MAY INCLUDE, BUT NOT BE  LIMITED  TO,  TRAINING
PROVIDED  BY  A  MUNICIPALITY,  REGIONAL  OR  COUNTY  PLANNING OFFICE OR
COMMISSION, COUNTY PLANNING FEDERATION, STATE AGENCY, STATEWIDE  MUNICI-
PAL  ASSOCIATION,  COLLEGE  OR  OTHER  SIMILAR  ENTITY.  TRAINING MAY BE
PROVIDED IN A VARIETY OF FORMATS, INCLUDING BUT NOT  LIMITED  TO,  ELEC-
TRONIC  MEDIA, VIDEO, DISTANCE LEARNING AND TRADITIONAL CLASSROOM TRAIN-
ING.
  (B) TO BE ELIGIBLE FOR REAPPOINTMENT TO SUCH BOARD, SUCH MEMBER  SHALL
HAVE  COMPLETED  THE  TRAINING  APPROVED BY THE BOARD THAT APPOINTED THE
MEMBER PURSUANT TO LAW.
  (C) THE TRAINING REQUIRED BY THIS SUBDIVISION MAY BE WAIVED  OR  MODI-
FIED  BY  RESOLUTION OF THE BOARD THAT APPOINTED THE MEMBER WHEN, IN THE
JUDGMENT OF SUCH BOARD, IT IS IN THE BEST INTEREST OF  THE  MUNICIPALITY
TO DO SO.
  (D)  NO  DECISION  OF  SUCH  BOARD SHALL BE VOIDED OR DECLARED INVALID
BECAUSE OF A FAILURE OF ANY OF ITS BOARD MEMBERS  TO  COMPLY  WITH  THIS
SUBDIVISION.
  9.  The  provisions  of this [section] ARTICLE shall be in addition to
existing authority and shall not be deemed or constructed as  a  limita-
tion,  diminution  or  derogation of any statutory authority authorizing
municipal cooperation.
  § 2. Article 5-J of the general municipal law is amended by  adding  a
new section 119-v to read as follows:
  §  119-V. COUNTY ADMINISTRATION OF LAND USE REGULATIONS. A TOWN, CITY,
OR VILLAGE WITHIN A COUNTY MAY REQUEST BY LOCAL LAW THAT THE LEGISLATIVE
BODY OF ITS COUNTY ADOPT A PROGRAM FOR THE ADMINISTRATION  AND  ENFORCE-
MENT  OF  ANY LAND USE AND PLANNING REGULATIONS AND ANY ZONING ORDINANCE
OR LOCAL LAW, IN FORCE OR PROPOSED  IN  SAID  TOWN,  CITY,  OR  VILLAGE.
DURING THE PERIOD IN WHICH THE COUNTY LEGISLATIVE BODY IS DEVELOPING AND
ADOPTING SUCH PROGRAM, ANY EXISTING PLANNING, ZONING, AND OTHER LAND USE
REGULATIONS  INCLUDED  IN SUCH COUNTY REQUEST SHALL REMAIN IN FULL FORCE
AND EFFECT. THE GOVERNING BOARD OF EACH TOWN, CITY, OR VILLAGE  REQUEST-
ING  COUNTY  ADMINISTRATION  AND  ENFORCEMENT  OF THE LOCAL LAND USE AND
PLANNING REGULATIONS SHALL RECEIVE WRITTEN NOTIFICATION THAT THE  COUNTY

S. 7505                            101                           A. 9505

LEGISLATIVE BODY HAS ADOPTED SUCH PROGRAM. UPON SUCH COUNTY NOTIFICATION
TO  THE  TOWN,  CITY,  OR  VILLAGE,  THE COUNTY PROGRAM SO DEVELOPED AND
ADOPTED SHALL APPLY IN THE TOWN,  CITY,  OR  VILLAGE  REQUESTING  COUNTY
ADMINISTRATION  AND ENFORCEMENT OF ANY LAND USE AND PLANNING REGULATIONS
FROM THIRTY DAYS THEREAFTER UNLESS AND UNTIL THE TOWN, CITY, OR  VILLAGE
REQUEST  HAS BEEN WITHDRAWN BY LOCAL LAW. NOTHING SHALL PREVENT A COUNTY
LEGISLATIVE BODY FROM DEVELOPING AND ADOPTING A PROGRAM FOR THE  COUNTY-
WIDE  OR  PART-COUNTY  ADMINISTRATION  AND  ENFORCEMENT OF THE LAND USE,
PLANNING AND ZONING REGULATIONS UPON THE REQUEST OF TWO OR  MORE  TOWNS,
CITIES, AND/OR VILLAGES LOCATED WITHIN THE COUNTY.
  §  3.  Article 5-J of the general municipal law is amended by adding a
new section 119-w to read as follows:
  § 119-W. COUNTY PLANNING COMMISSION OR OTHER SIMILAR COUNTY ENTITY  OR
DEPARTMENT.  1. THE COUNTY LEGISLATIVE BODY MAY ESTABLISH A COUNTY PLAN-
NING COMMISSION TO IMPLEMENT THE INTERMUNICIPAL AGREEMENT CREATED PURSU-
ANT TO THIS ARTICLE; PROVIDED HOWEVER,  THAT  WHERE  A  COUNTY  PLANNING
BOARD,  COMMISSION,  OR OTHER COUNTY ENTITY OR DEPARTMENT ALREADY EXISTS
IN ACCORDANCE WITH A COUNTY CHARTER OR LOCAL LAW,  THE  EXISTING  BOARD,
COMMISSION, ENTITY OR DEPARTMENT MAY BE APPOINTED BY THE COUNTY LEGISLA-
TIVE BODY AS THE COUNTY PLANNING COMMISSION TO IMPLEMENT THE INTERMUNIC-
IPAL  AGREEMENT  AUTHORIZED IN THIS ARTICLE. PLANNING COMMISSIONS ESTAB-
LISHED  TO  IMPLEMENT  PROVISIONS  OF  THIS   ARTICLE   AFTER   DECEMBER
THIRTY-FIRST,  TWO THOUSAND SEVENTEEN SHALL CONSIST OF SEVEN MEMBERS WHO
SHALL BE APPOINTED BY THE COUNTY LEGISLATIVE BODY. THREE MEMBERS OF  THE
COMMISSION  SHALL BE APPOINTED FOR TERMS OF ONE YEAR, THREE FOR TERMS OF
TWO YEARS AND ONE MEMBER SHALL BE APPOINTED FOR A TERM OF  THREE  YEARS.
SUCCESSORS  SHALL  BE APPOINTED FOR TERMS OF THREE YEARS EACH. A VACANCY
OCCURRING OTHERWISE THAN BY  EXPIRATION  OF  TERM  SHALL  BE  FILLED  BY
APPOINTMENT  BY  THE  LEGISLATIVE  BODY OF THE COUNTY GOVERNMENT FOR THE
UNEXPIRED TERM. SUCH COMMISSION SHALL HAVE POWER, WITHIN THE  LIMITS  OF
THE  APPROPRIATION MADE BY THE LEGISLATIVE BODY OF THE COUNTY, TO EMPLOY
A SECRETARY AND  OTHER  NECESSARY  CLERICAL  ASSISTANTS  AND  EMPLOY  OR
CONTRACT WITH SUCH TECHNICAL ASSISTANTS AS MAY BE NECESSARY FROM TIME TO
TIME TO GIVE FULL EFFECT TO THE PROVISIONS OF THIS ARTICLE.
  2.  WHERE AN INTERMUNICIPAL AGREEMENT CREATED PURSUANT TO THIS ARTICLE
SO PROVIDES, THE COUNTY PLANNING COMMISSION MAY, AT THE  OPTION  OF  THE
LOCAL  LEGISLATIVE  BODY  OF A TOWN, VILLAGE OR CITY OF THE COUNTY, HAVE
CONTROL OF LAND USE,  ZONING,  AND  LAND  SUBDIVISION  IN  SUCH  MUNICI-
PALITIES, AND NO MAP SUBDIVIDING LAND INTO LOTS FOR RESIDENTIAL OR BUSI-
NESS  PURPOSES  IN ANY SUCH MUNICIPALITY SHALL BE ACCEPTED FOR FILING BY
THE COUNTY CLERK UNLESS IT SHALL HAVE BEEN FIRST APPROVED BY THE  COUNTY
PLANNING COMMISSION AND SHALL HAVE SUCH APPROVAL ENDORSED THEREON.
  3.  FOR  THE  PURPOSE  OF PROMOTING THE HEALTH, SAFETY, MORALS, OR THE
GENERAL WELFARE OF THE COUNTY, THE LEGISLATIVE BODY OF  THE  COUNTY,  AT
THE  OPTION  OF  THE  LEGISLATIVE BODY OF A TOWN, VILLAGE OR CITY OF THE
COUNTY, WHEN AN INTERMUNICIPAL AGREEMENT SO  PROVIDES,  SUCH  COUNTY  IS
AUTHORIZED  TO  ADOPT  A  LOCAL LAW TO REGULATE AND RESTRICT THE HEIGHT,
NUMBER OF STORIES AND  SIZE  OF  BUILDINGS  AND  OTHER  STRUCTURES,  THE
PERCENTAGE  OF  LOT THAT MAY BE OCCUPIED, THE SIZE OF YARDS, COURTS, AND
OTHER OPEN SPACES, THE DENSITY OF POPULATION, AND THE LOCATION  AND  USE
OF  BUILDINGS,  STRUCTURES  AND  LAND  FOR TRADE, INDUSTRY, RESIDENCE OR
OTHER PURPOSES; PROVIDED FURTHER, THAT ALL CHARGES AND EXPENSES INCURRED
UNDER THIS ARTICLE FOR ZONING AND PLANNING MAY  BE  A  CHARGE  UPON  THE
TAXABLE PROPERTY OF THAT PART OF THE COUNTY.
  4.  SUCH  COUNTY  LOCAL  LAW SHALL PROVIDE THAT A BOARD OF APPEALS MAY
DETERMINE AND VARY THE APPLICATION OF THE PROVISIONS IN SAID  LOCAL  LAW

S. 7505                            102                           A. 9505

IN  HARMONY WITH THE LAW'S GENERAL PURPOSE AND INTENT, AND IN ACCORDANCE
WITH GENERAL OR SPECIFIC RULES THEREIN, PROVIDED THAT FOR:
  (A)  ORDERS, REQUIREMENTS, DECISIONS, INTERPRETATIONS, DETERMINATIONS.
THE BOARD OF APPEALS MAY REVERSE OR AFFIRM, WHOLLY  OR  PARTLY,  OR  MAY
MODIFY THE ORDER, REQUIREMENT, DECISION, INTERPRETATION OR DETERMINATION
APPEALED  FROM  AND SHALL MAKE SUCH ORDER, REQUIREMENT, DECISION, INTER-
PRETATION OR DETERMINATION AS IN ITS OPINION OUGHT TO HAVE BEEN MADE  IN
THE  MATTER  BY THE ADMINISTRATIVE OFFICIAL CHARGED WITH THE ENFORCEMENT
OF SUCH ORDINANCE OR LOCAL LAW AND TO THAT END SHALL HAVE ALL THE POWERS
OF THE ADMINISTRATIVE OFFICIAL FROM WHOSE ORDER, REQUIREMENT,  DECISION,
INTERPRETATION OR DETERMINATION THE APPEAL IS TAKEN.
  (B)  USE VARIANCES. (1) THE BOARD OF APPEALS, ON APPEAL FROM THE DECI-
SION OR DETERMINATION OF THE ADMINISTRATIVE OFFICIAL  CHARGED  WITH  THE
ENFORCEMENT  OF  SUCH  ORDINANCE  OR  LOCAL LAW, SHALL HAVE THE POWER TO
GRANT USE VARIANCES, AS DEFINED IN THIS SECTION.
  (2) NO SUCH USE VARIANCE SHALL BE GRANTED  BY  THE  BOARD  OF  APPEALS
WITHOUT  A  SHOWING  BY THE APPLICANT THAT APPLICABLE ZONING REGULATIONS
AND RESTRICTIONS HAVE CAUSED UNNECESSARY HARDSHIP.  IN  ORDER  TO  PROVE
SUCH  UNNECESSARY  HARDSHIP THE APPLICANT SHALL DEMONSTRATE TO THE BOARD
OF APPEALS THAT FOR EACH AND EVERY PERMITTED USE UNDER THE ZONING  REGU-
LATIONS  FOR  THE PARTICULAR DISTRICT WHERE THE PROPERTY IS LOCATED, (I)
THE APPLICANT CANNOT REALIZE A REASONABLE RETURN, PROVIDED THAT LACK  OF
RETURN  IS  SUBSTANTIAL AS DEMONSTRATED BY COMPETENT FINANCIAL EVIDENCE;
(II)  THAT THE ALLEGED HARDSHIP RELATING TO THE PROPERTY IN QUESTION  IS
UNIQUE,  AND  DOES NOT APPLY TO A SUBSTANTIAL PORTION OF THE DISTRICT OR
NEIGHBORHOOD; (III) THAT THE REQUESTED USE VARIANCE,  IF  GRANTED,  WILL
NOT ALTER THE ESSENTIAL CHARACTER OF THE NEIGHBORHOOD; AND (IV) THAT THE
ALLEGED HARDSHIP HAS NOT BEEN SELF-CREATED.
  (3)  THE  BOARD  OF  APPEALS,  IN THE GRANTING OF USE VARIANCES, SHALL
GRANT THE MINIMUM VARIANCE THAT IT SHALL DEEM NECESSARY AND ADEQUATE  TO
ADDRESS  THE  UNNECESSARY  HARDSHIP  PROVEN BY THE APPLICANT, AND AT THE
SAME TIME PRESERVE AND PROTECT THE CHARACTER OF THE NEIGHBORHOOD AND THE
HEALTH, SAFETY AND WELFARE OF THE COMMUNITY.
  (C) AREA VARIANCES. (1) THE ZONING BOARD OF  APPEALS  SHALL  HAVE  THE
POWER,  UPON  AN APPEAL FROM A DECISION OR DETERMINATION OF THE ADMINIS-
TRATIVE OFFICIAL CHARGED WITH THE ENFORCEMENT OF SUCH ORDINANCE OF LOCAL
LAW, TO GRANT AREA VARIANCES AS DEFINED IN THIS SECTION.
  (2) IN MAKING ITS DETERMINATION, THE ZONING  BOARD  OF  APPEALS  SHALL
TAKE  INTO CONSIDERATION THE BENEFIT TO THE APPLICANT IF THE VARIANCE IS
GRANTED, AS WEIGHED AGAINST THE DETRIMENT  TO  THE  HEALTH,  SAFETY  AND
WELFARE  OF  THE NEIGHBORHOOD OR COMMUNITY BY SUCH GRANT. IN MAKING SUCH
DETERMINATION THE BOARD SHALL ALSO CONSIDER: (I) WHETHER AN  UNDESIRABLE
CHANGE WILL BE PRODUCED IN THE CHARACTER OF THE NEIGHBORHOOD OR A DETRI-
MENT  TO  NEARBY  PROPERTIES WILL BE CREATED BY THE GRANTING OF THE AREA
VARIANCE; (II) WHETHER THE  BENEFIT  SOUGHT  BY  THE  APPLICANT  CAN  BE
ACHIEVED  BY  SOME  METHOD,  FEASIBLE FOR THE APPLICANT TO PURSUE, OTHER
THAN AN AREA VARIANCE; (III) WHETHER  THE  REQUESTED  AREA  VARIANCE  IS
SUBSTANTIAL;  (IV)  WHETHER  THE  PROPOSED VARIANCE WILL HAVE AN ADVERSE
EFFECT OR IMPACT ON THE PHYSICAL  OR  ENVIRONMENTAL  CONDITIONS  IN  THE
NEIGHBORHOOD  OR  COMMUNITY;  AND (V) WHETHER THE ALLEGED DIFFICULTY WAS
SELF-CREATED, WHICH CONSIDERATION SHALL BE RELEVANT TO THE  DECISION  OF
THE BOARD OF APPEALS, BUT SHALL NOT NECESSARILY PRECLUDE THE GRANTING OF
THE AREA VARIANCE.
  (3)  THE  BOARD  OF  APPEALS, IN THE GRANTING OF AREA VARIANCES, SHALL
GRANT THE MINIMUM VARIANCE THAT IT SHALL DEEM NECESSARY AND ADEQUATE AND

S. 7505                            103                           A. 9505

AT THE SAME TIME PRESERVE AND PROTECT THE CHARACTER OF THE  NEIGHBORHOOD
AND THE HEALTH, SAFETY AND WELFARE OF THE COMMUNITY.
  (D)  IMPOSITION  OF  CONDITIONS.  THE  BOARD  OF APPEALS SHALL, IN THE
GRANTING OF BOTH USE VARIANCES AND AREA VARIANCES, HAVE THE AUTHORITY TO
IMPOSE SUCH REASONABLE  CONDITIONS  AND  RESTRICTIONS  AS  ARE  DIRECTLY
RELATED  TO  AND  INCIDENTAL  TO  THE PROPOSED USE OF THE PROPERTY. SUCH
CONDITIONS SHALL BE CONSISTENT WITH THE SPIRIT AND INTENT OF THE  ZONING
ORDINANCE OR LOCAL LAW, AND SHALL BE IMPOSED FOR THE PURPOSE OF MINIMIZ-
ING  ANY  ADVERSE  IMPACT  SUCH VARIANCE MAY HAVE ON THE NEIGHBORHOOD OR
COMMUNITY.
  5. IN ADDITION TO THE FOREGOING, THE COUNTY LEGISLATIVE BODY,  AT  THE
OPTION OF THE LEGISLATIVE BODY OF A TOWN, VILLAGE OR CITY OF THE COUNTY,
IS EMPOWERED TO ADOPT BY LOCAL LAW A COMPREHENSIVE PLAN IN SO FAR AS THE
PLAN RELATES TO ANY PORTION OF THE COUNTY ADDRESSED IN SAID INTERMUNICI-
PAL  AGREEMENT  AND ALSO ANY PORTION WHICH RELATES TO STATE HIGHWAYS AND
COUNTY OR TOWN ROADS, COUNTY BUILDINGS AND  NAVIGABLE  WATERWAYS,  IRRE-
SPECTIVE  OF  WHETHER  THEY  MAY BE LOCATED WITHIN THE BOUNDARIES OF ANY
TOWN, CITY OR VILLAGE OR ELSEWHERE WITHIN THE COUNTY. UPON THE  ADOPTION
OF  ANY  SUCH  LOCAL  LAW, THE LEGISLATIVE BODY OF THE COUNTY SHALL FILE
WITH THE COUNTY CLERK FORTHWITH  A  CERTIFIED  COPY  THEREOF,  INCLUDING
COPIES OF ALL RELEVANT MAPS AND PLANS. THE COUNTY PLANNING COMMISSION OR
COUNTY  ENTITY  OR  DEPARTMENT APPOINTED BY THE COUNTY LEGISLATIVE BODY,
MAY DEVELOP AND RECOMMEND THE COUNTY COMPREHENSIVE PLAN  TO  THE  COUNTY
LEGISLATIVE BODY FOR ITS ADOPTION.
  6.  WHENEVER A COMPREHENSIVE PLAN, OR ONE OR MORE PARTS THEREOF, SHALL
HAVE BEEN ADOPTED AS HEREINBEFORE PROVIDED, NO STREET, SQUARE,  PARK  OR
OTHER  PUBLIC  WAY,  GROUND,  OPEN  SPACE  OR OTHER PUBLIC PLACE, PUBLIC
BUILDING, STRUCTURE OR PUBLIC UTILITY  (WHETHER  PUBLICLY  OR  PRIVATELY
OWNED)  SHALL  BE CONSTRUCTED OR AUTHORIZED IN ANY PORTION OF THE COUNTY
IN RESPECT TO WHICH SAID PLAN OR PART THEREOF HAS  BEEN  ADOPTED,  UNTIL
THE  LOCATION, CHARACTER AND EXTENT THEREOF SHALL HAVE BEEN SUBMITTED TO
AND APPROVED BY THE COUNTY PLANNING  COMMISSION  AS  CONFORMING  TO  THE
GENERAL  INTENT  AND PURPOSE OF THE COMPREHENSIVE PLAN. THE COUNTY PLAN-
NING COMMISSION SHALL MAKE RULES RELATING TO SUCH MATTERS,  WHICH  SHALL
PROVIDE  FOR  NOTICE TO ALL PARTIES INTERESTED, INCLUDING UNITS OF LOCAL
GOVERNMENT WHICH MAY BE AFFECTED THEREBY, AND INCLUDING  THE  OFFICE  OF
PARKS,  RECREATION  AND  HISTORIC  PRESERVATION  IF THE MATTER SUBMITTED
RELATES TO ANY PORTION OF THE COUNTY WITHIN  TWO  HUNDRED  FEET  OF  ANY
STATE  PARK OR PARKWAY. IF THE MATTER SUBMITTED RELATES TO THE TERRITORY
OF ANY UNIT OF LOCAL GOVERNMENT WHICH HAS ADOPTED A PLAN OF  DEVELOPMENT
PRIOR  TO THE ADOPTION OF THE COMPREHENSIVE PLAN, SUCH PLAN SHALL NOT BE
SUPERSEDED EXCEPT BY A TWO-THIRDS VOTE OF THE WHOLE NUMBER OF MEMBERS OF
THE COUNTY PLANNING COMMISSION.
  § 4. Section 10 of the statute of  local  governments  is  amended  by
adding a new subdivision 6-a to read as follows:
  6-A.  IN THE CASE OF A COUNTY, WHEN AUTHORIZED BY LOCAL LAW ADOPTED BY
THE LEGISLATIVE BODY OF ANY CITY, TOWN OR VILLAGE OF THE COUNTY  AND  IN
ACCORDANCE  WITH  AN  INTERMUNICIPAL  AGREEMENT ENTERED INTO BETWEEN THE
LOCAL GOVERNMENTS IN A MANNER PRESCRIBED BY STATUTE, THE POWER TO ADOPT,
AMEND, REPEAL, AND/OR ENFORCE ZONING AND OTHER LAND USE  REGULATIONS  IN
ALL OR PART OF SUCH CITY, VILLAGE OR TOWN, PROVIDED HOWEVER, AN INTERMU-
NICIPAL  AGREEMENT  ENTERED  INTO  WITH A COUNTY TO ALLOW SUCH COUNTY TO
ADOPT, AMEND, REPEAL, AND/OR ENFORCE ZONING AND  OTHER  LAND  USE  REGU-
LATIONS WITHIN A VILLAGE WOULD REQUIRE THE AUTHORIZATION FROM THE LEGIS-
LATIVE BODY OF SUCH VILLAGE.

S. 7505                            104                           A. 9505

  §  5.  Section four of this act shall take effect immediately after it
is enacted by the legislature with  the  approval  of  the  governor  in
accordance with paragraph one of subdivision (b) of section two of arti-
cle  nine of the constitution, and provided that it is re-enacted by the
legislature  and  approved  by the governor in the next calendar year in
accordance with such paragraph. After such re-enactment by the  legisla-
ture and approval by the governor of section four of this act in accord-
ance with article nine of the constitution, sections one, two, and three
of  this  act  shall  take effect immediately after such date; provided,
further, that the governor's office shall notify  the  legislative  bill
drafting  commission upon the occurrence of the enactment of this legis-
lation provided for in this section in order  that  the  commission  may
maintain an accurate and timely effective data base of the official text
of  the laws of the state of New York in furtherance of effectuating the
provisions of section 44 of the legislative law and section 70-b of  the
public officers law.
  §  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 provisions
had not been included herein.
  § 3. This act shall take effect immediately; provided,  however,  that
the  applicable effective date of Subparts A and B of this Part shall be
as specifically set forth in the last section of such Subparts.

                                 PART EE

  Section 1. The general municipal law is amended by adding a new  arti-
cle 12-I to read as follows:
                              ARTICLE 12-I
                   COUNTY-WIDE SHARED SERVICES PANELS
SECTION 239-BB. COUNTY-WIDE SHARED SERVICES PANELS.
  §  239-BB.  COUNTY-WIDE  SHARED  SERVICES  PANELS. 1. DEFINITIONS. THE
FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS FOR  THE  PURPOSES  OF
THIS ARTICLE:
  A. "COUNTY" SHALL MEAN ANY COUNTY NOT WHOLLY CONTAINED WITHIN A CITY.
  B.  "COUNTY  CEO"  SHALL  MEAN THE COUNTY EXECUTIVE, COUNTY MANAGER OR
OTHER CHIEF EXECUTIVE OF THE COUNTY, OR, WHERE NONE, THE  CHAIR  OF  THE
COUNTY LEGISLATIVE BODY.
  C.  "PANEL" SHALL MEAN A COUNTY-WIDE SHARED SERVICES PANEL ESTABLISHED
PURSUANT TO SUBDIVISION TWO OF THIS SECTION.
  D. "PLAN" SHALL  MEAN  A  COUNTY-WIDE  SHARED  SERVICES  PROPERTY  TAX
SAVINGS PLAN.
  2. COUNTY-WIDE SHARED SERVICES PANELS. A. THERE SHALL BE A COUNTY-WIDE
SHARED  SERVICES  PANEL IN EACH COUNTY CONSISTING OF THE COUNTY CEO, AND
ONE REPRESENTATIVE FROM EACH CITY, TOWN AND VILLAGE IN THE  COUNTY.  THE
CHIEF  EXECUTIVE  OFFICER  OF  EACH  TOWN, CITY AND VILLAGE SHALL BE THE
REPRESENTATIVE TO A PANEL AND SHALL  BE  THE  MAYOR,  IF  A  CITY  OR  A
VILLAGE,  OR  SHALL  BE  THE SUPERVISOR, IF A TOWN. THE COUNTY CEO SHALL
SERVE AS CHAIR. ALL PANELS ESTABLISHED IN EACH COUNTY PURSUANT  TO  PART
BBB  OF  CHAPTER  FIFTY-NINE  OF THE LAWS OF TWO THOUSAND SEVENTEEN, AND
PRIOR TO THE ENACTMENT OF THIS ARTICLE, SHALL CONTINUE  IN  SATISFACTION

S. 7505                            105                           A. 9505

OF THIS SECTION IN SUCH FORM AS THEY WERE ESTABLISHED, PROVIDED THAT THE
COUNTY  CEO  MAY ALTER THE MEMBERSHIP OF THE PANEL CONSISTENT WITH PARA-
GRAPH B OF THIS SUBDIVISION.
  B. THE COUNTY CEO MAY INVITE ANY SCHOOL DISTRICT, BOARD OF COOPERATIVE
EDUCATIONAL  SERVICES,  FIRE  DISTRICT,  FIRE  PROTECTION  DISTRICT,  OR
SPECIAL IMPROVEMENT DISTRICT IN THE COUNTY TO JOIN A  PANEL.  UPON  SUCH
INVITATION, THE GOVERNING BODY OF SUCH SCHOOL DISTRICT, BOARD OF COOPER-
ATIVE  EDUCATIONAL SERVICES, FIRE DISTRICT, FIRE PROTECTION DISTRICT, OR
OTHER SPECIAL DISTRICT MAY ACCEPT SUCH INVITATION BY SELECTING A  REPRE-
SENTATIVE OF SUCH GOVERNING BODY, BY MAJORITY VOTE, TO SERVE AS A MEMBER
OF  THE  PANEL.  SUCH  SCHOOL DISTRICT, BOARD OF COOPERATIVE EDUCATIONAL
SERVICES, FIRE DISTRICT,  FIRE  PROTECTION  DISTRICT  OR  OTHER  SPECIAL
DISTRICT  SHALL  MAINTAIN  SUCH  REPRESENTATION  UNTIL  THE PANEL EITHER
APPROVES A PLAN OR TRANSMITS A STATEMENT TO THE SECRETARY  OF  STATE  ON
THE  REASON THE PANEL DID NOT APPROVE A PLAN, PURSUANT TO PARAGRAPH D OF
SUBDIVISION SEVEN OF THIS SECTION.  UPON APPROVAL OF A PLAN OR A  TRANS-
MISSION  OF  A  STATEMENT TO THE SECRETARY OF STATE THAT A PANEL DID NOT
APPROVE A PLAN IN ANY CALENDAR YEAR, THE COUNTY CEO MAY, BUT  NEED  NOT,
INVITE  ANY  SCHOOL DISTRICT, BOARD OF COOPERATIVE EDUCATIONAL SERVICES,
FIRE DISTRICT, FIRE PROTECTION DISTRICT OR SPECIAL IMPROVEMENT  DISTRICT
IN THE COUNTY TO JOIN A PANEL THEREAFTER CONVENED.
  C.  NOTWITHSTANDING  ANY  PROVISION OF THE EDUCATION LAW, OR ANY OTHER
PROVISION OF LAW, RULE  OR  REGULATION,  TO  THE  CONTRARY,  ANY  SCHOOL
DISTRICT  OR  BOARD OF COOPERATIVE EDUCATIONAL SERVICES MAY JOIN A PANEL
ESTABLISHED PURSUANT TO THE PROVISIONS OF THIS SECTION, AND MAY  FURTHER
PARTICIPATE IN ANY OF THE ACTIVITIES OF SUCH PANEL, WITH ANY PARTICIPAT-
ING   COUNTY,  TOWN,  CITY,  VILLAGE,  FIRE  DISTRICT,  FIRE  PROTECTION
DISTRICT, SPECIAL IMPROVEMENT DISTRICT, SCHOOL  DISTRICT,  OR  BOARD  OF
COOPERATIVE EDUCATIONAL SERVICES PARTICIPATING IN SUCH PANELS.
  3.  EACH  COUNTY  CEO SHALL, AFTER SATISFYING THE REQUIREMENTS OF PART
BBB OF CHAPTER FIFTY-NINE OF THE LAWS OF TWO THOUSAND SEVENTEEN,  REVISE
AND  UPDATE A PREVIOUSLY APPROVED PLAN OR DEVELOP A NEW PLAN. SUCH PLANS
SHALL CONTAIN NEW, RECURRING PROPERTY TAX SAVINGS RESULTING FROM ACTIONS
SUCH AS, BUT NOT LIMITED TO, THE ELIMINATION  OF  DUPLICATIVE  SERVICES;
SHARED  SERVICE ARRANGEMENTS INCLUDING, JOINT PURCHASING, SHARED HIGHWAY
EQUIPMENT, SHARED STORAGE FACILITIES, SHARED PLOWING SERVICES, AND ENER-
GY AND INSURANCE PURCHASING COOPERATIVES; REDUCING BACK OFFICE  ADMINIS-
TRATIVE  OVERHEAD;  AND  BETTER-COORDINATING  SERVICES. THE SECRETARY OF
STATE MAY PROVIDE GUIDANCE ON THE FORM AND STRUCTURE OF SUCH PLANS.
  4. WHILE DEVELOPING A PLAN, THE COUNTY  CEO  SHALL  REGULARLY  CONSULT
WITH,  AND TAKE RECOMMENDATIONS FROM, THE REPRESENTATIVES: ON THE PANEL;
OF EACH COLLECTIVE BARGAINING UNIT OF THE COUNTY AND THE CITIES,  TOWNS,
AND  VILLAGES; AND OF EACH COLLECTIVE BARGAINING UNIT OF ANY PARTICIPAT-
ING SCHOOL DISTRICT, BOARD OF  COOPERATIVE  EDUCATIONAL  SERVICES,  FIRE
DISTRICT, FIRE PROTECTION DISTRICT, OR SPECIAL IMPROVEMENT DISTRICT.
  5.  THE  COUNTY  CEO,  THE  COUNTY  LEGISLATIVE BODY AND A PANEL SHALL
ACCEPT INPUT FROM THE PUBLIC, CIVIC, BUSINESS, LABOR AND COMMUNITY LEAD-
ERS ON ANY PROPOSED PLAN. THE COUNTY CEO SHALL CAUSE TO BE  CONDUCTED  A
MINIMUM OF THREE PUBLIC HEARINGS PRIOR TO SUBMISSION OF A PLAN TO A VOTE
OF A PANEL. ALL SUCH PUBLIC HEARINGS SHALL BE CONDUCTED WITHIN THE COUN-
TY,  AND  PUBLIC  NOTICE OF ALL SUCH HEARINGS SHALL BE PROVIDED AT LEAST
ONE WEEK PRIOR IN THE MANNER PRESCRIBED IN SUBDIVISION  ONE  OF  SECTION
ONE  HUNDRED  FOUR  OF THE PUBLIC OFFICERS LAW.  CIVIC, BUSINESS, LABOR,
AND COMMUNITY LEADERS, AS WELL  AS  MEMBERS  OF  THE  PUBLIC,  SHALL  BE
PERMITTED TO PROVIDE PUBLIC TESTIMONY AT ANY SUCH HEARINGS.

S. 7505                            106                           A. 9505

  6.  A. THE COUNTY CEO SHALL SUBMIT EACH PLAN, ACCOMPANIED BY A CERTIF-
ICATION AS TO THE ACCURACY OF THE  SAVINGS  CONTAINED  THEREIN,  TO  THE
COUNTY  LEGISLATIVE BODY AT LEAST FORTY-FIVE DAYS PRIOR TO A VOTE BY THE
PANEL.
  B.  THE  COUNTY  LEGISLATIVE  BODY SHALL REVIEW AND CONSIDER EACH PLAN
SUBMITTED IN ACCORDANCE WITH PARAGRAPH A OF THIS SUBDIVISION. A MAJORITY
OF THE MEMBERS OF SUCH BODY MAY ISSUE AN ADVISORY REPORT ON  EACH  PLAN,
MAKING  RECOMMENDATIONS AS DEEMED NECESSARY. THE COUNTY CEO MAY MODIFY A
PLAN BASED ON SUCH  RECOMMENDATIONS,  WHICH  SHALL  INCLUDE  AN  UPDATED
CERTIFICATION AS TO THE ACCURACY OF THE SAVINGS CONTAINED THEREIN.
  7.  A.  A PANEL SHALL DULY CONSIDER ANY PLAN PROPERLY SUBMITTED TO THE
PANEL BY THE COUNTY CEO AND MAY APPROVE SUCH PLAN BY A MAJORITY VOTE  OF
THE  PANEL.  EACH  MEMBER  OF A PANEL MAY, PRIOR TO THE PANEL-WIDE VOTE,
CAUSE TO BE REMOVED FROM A PLAN ANY PROPOSED ACTION AFFECTING  THE  UNIT
OF  GOVERNMENT  REPRESENTED  BY THE RESPECTIVE MEMBER. WRITTEN NOTICE OF
SUCH REMOVAL SHALL BE PROVIDED TO THE COUNTY CEO PRIOR TO  A  PANEL-WIDE
VOTE ON A PLAN.
  B.  PLANS APPROVED BY A PANEL SHALL BE TRANSMITTED TO THE SECRETARY OF
STATE NO LATER THAN THIRTY DAYS FROM THE DATE OF  APPROVAL  BY  A  PANEL
ACCOMPANIED  BY A CERTIFICATION AS TO THE ACCURACY OF THE SAVINGS ACCOM-
PANIED THEREIN, AND SHALL BE PUBLICLY DISSEMINATED TO RESIDENTS  OF  THE
COUNTY  IN A CONCISE, CLEAR, AND COHERENT MANNER USING WORDS WITH COMMON
AND EVERYDAY MEANING.
  C. THE COUNTY CEO SHALL CONDUCT A PUBLIC PRESENTATION OF ANY  APPROVED
PLAN  NO  LATER  THAN  THIRTY DAYS FROM THE DATE OF APPROVAL BY A PANEL.
PUBLIC NOTICE OF SUCH PRESENTATION SHALL BE PROVIDED AT LEAST  ONE  WEEK
PRIOR IN THE MANNER PRESCRIBED IN SUBDIVISION ONE OF SECTION ONE HUNDRED
FOUR OF THE PUBLIC OFFICERS LAW.
  D.  BEGINNING  IN  TWO THOUSAND TWENTY, BY JANUARY FIFTEENTH FOLLOWING
ANY CALENDAR YEAR DURING WHICH A PANEL DID NOT APPROVE A PLAN AND TRANS-
MIT SUCH PLAN TO THE SECRETARY OF STATE PURSUANT TO PARAGRAPH B OF  THIS
SUBDIVISION,  SUCH PANEL SHALL RELEASE TO THE PUBLIC AND TRANSMIT TO THE
SECRETARY OF STATE A STATEMENT EXPLAINING WHY THE PANEL DID NOT  APPROVE
A  PLAN THAT YEAR, INCLUDING, FOR EACH VOTE ON A PLAN, THE VOTE TAKEN BY
EACH PANEL MEMBER AND AN EXPLANATION BY EACH PANEL MEMBER OF THEIR VOTE.
  8. THE SECRETARY OF STATE MAY SOLICIT, AND THE PANELS SHALL PROVIDE AT
HER OR HIS REQUEST,  ADVICE,  GUIDANCE  AND  RECOMMENDATIONS  CONCERNING
MATTERS  RELATED  TO  THE  OPERATIONS  OF  LOCAL  GOVERNMENTS AND SHARED
SERVICES INITIATIVES, INCLUDING, BUT NOT LIMITED TO, MAKING  RECOMMENDA-
TIONS   REGARDING  GRANT  PROPOSALS  INCORPORATING  ELEMENTS  OF  SHARED
SERVICES,  GOVERNMENT  DISSOLUTIONS,  GOVERNMENT  AND  SERVICE   CONSOL-
IDATIONS,  OR  PROPERTY  TAXES AND SUCH OTHER GRANTS WHERE THE SECRETARY
DEEMS THE INPUT OF THE PANELS TO BE IN THE BEST INTEREST OF THE  PUBLIC.
THE  PANEL  SHALL  ADVANCE SUCH ADVICE, GUIDANCE OR RECOMMENDATIONS BY A
VOTE OF THE MAJORITY OF THE MEMBERS PRESENT AT SUCH MEETING.
  § 2. 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 provisions had not
been included herein.
  § 3. This act shall take effect immediately.

S. 7505                            107                           A. 9505

                                 PART FF

  Section  1.  Subdivision 7 of section 2046-c of the public authorities
law, as added by chapter 632 of the laws of the 1982, is amended to read
as follows:
  7. There shall be an annual independent  audit  of  the  accounts  and
business  practices of the agency performed by independent outside audi-
tors [nominated by the director of the division of the budget]. Any such
auditor shall serve no more than three consecutive years.
  § 2. This act shall take effect immediately.

                                 PART GG

  Section 1. The state comptroller is hereby authorized and directed  to
loan  money in accordance with the provisions set forth in subdivision 5
of section 4 of the state finance law  to  the  following  funds  and/or
accounts:
  1. Proprietary vocational school supervision account (20452).
  2. Local government records management account (20501).
  3. Child health plus program account (20810).
  4. EPIC premium account (20818).
  5. Education - New (20901).
  6. VLT - Sound basic education fund (20904).
  7.   Sewage  treatment  program  management  and  administration  fund
(21000).
  8. Hazardous bulk storage account (21061).
  9. Federal grants indirect cost recovery account (21065).
  10. Low level radioactive waste account (21066).
  11. Recreation account (21067).
  12. Public safety recovery account (21077).
  13. Environmental regulatory account (21081).
  14. Natural resource account (21082).
  15. Mined land reclamation program account (21084).
  16. Great lakes restoration initiative account (21087).
  17. Environmental protection and oil spill compensation fund (21200).
  18. Public transportation systems account (21401).
  19. Metropolitan mass transportation (21402).
  20. Operating permit program account (21451).
  21. Mobile source account (21452).
  22.  Statewide  planning  and  research  cooperative  system   account
(21902).
  23. 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).

S. 7505                            108                           A. 9505

  37. Bell jar collection account (22003).
  38. Industry and utility service account (22004).
  39. Real property disposition account (22006).
  40. Parking account (22007).
  41. Courts special grants (22008).
  42. Asbestos safety training program account (22009).
  43. Batavia school for the blind account (22032).
  44. Investment services account (22034).
  45. Surplus property account (22036).
  46. Financial oversight account (22039).
  47. Regulation of Indian gaming account (22046).
  48. Rome school for the deaf account (22053).
  49. Seized assets account (22054).
  50. Administrative adjudication account (22055).
  51. Federal salary sharing account (22056).
  52. New York City assessment account (22062).
  53. Cultural education account (22063).
  54. Local services account (22078).
  55. DHCR mortgage servicing account (22085).
  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. Youth facility per diem account (22186).
  66. State university general income offset account (22654).
  67. Lake George park trust fund account (22751).
  68. State police motor vehicle law enforcement account (22802).
  69. Highway safety program account (23001).
  70. DOH drinking water program account (23102).
  71. NYCCC operating offset account (23151).
  72. Commercial gaming revenue account (23701).
  73. Commercial gaming regulation account (23702).
  74. Highway use tax administration account (23801).
  75. Fantasy sports administration account (24951).
  76. Highway and bridge capital account (30051).
  77. Aviation purpose account (30053).
  78. State university residence hall rehabilitation fund (30100).
  79. State parks infrastructure account (30351).
  80. Clean water/clean air implementation fund (30500).
  81. Hazardous waste remedial cleanup account (31506).
  82. Youth facilities improvement account (31701).
  83. Housing assistance fund (31800).
  84. Housing program fund (31850).
  85. Highway facility purpose account (31951).
  86. Information technology capital financing account (32215).
  87. New York racing account (32213).
  88. Capital miscellaneous gifts account (32214).
  89.  New  York  environmental protection and spill remediation account
(32219).
  90. Mental hygiene facilities capital improvement fund (32300).
  91. Correctional facilities capital improvement fund (32350).

S. 7505                            109                           A. 9505

  92. New York State Storm Recovery Capital Fund (33000).
  93. OGS convention center account (50318).
  94. Empire Plaza Gift Shop (50327).
  95. Centralized services fund (55000).
  96. Archives records management account (55052).
  97. Federal single audit account (55053).
  98. Civil service EHS occupational health program account (55056).
  99. Banking services account (55057).
  100. Cultural resources survey account (55058).
  101. Neighborhood work project account (55059).
  102. Automation & printing chargeback account (55060).
  103. OFT NYT account (55061).
  104. Data center account (55062).
  105. Intrusion detection account (55066).
  106. Domestic violence grant account (55067).
  107. Centralized technology services account (55069).
  108. Labor contact center account (55071).
  109. Human services contact center account (55072).
  110. Tax contact center account (55073).
  111. Executive direction internal audit account (55251).
  112. CIO Information technology centralized services account (55252).
  113. Health insurance internal service account (55300).
  114.  Civil  service employee benefits division administrative account
(55301).
  115. Correctional industries revolving fund (55350).
  116. Employees health insurance account (60201).
  117. Medicaid management information system escrow fund (60900).
  118. Department of law civil recoveries account.
  § 1-a. The state comptroller is hereby authorized and directed to loan
money in accordance with the provisions set forth in  subdivision  5  of
section  4  of the state finance law to any account within the following
federal funds, provided the comptroller has made  a  determination  that
sufficient  federal grant award authority is available to reimburse such
loans:
  1. Federal USDA-food and nutrition services fund (25000).
  2. Federal health and human services fund (25100).
  3. Federal education fund (25200).
  4. Federal block grant fund (25250).
  5. Federal miscellaneous operating grants fund (25300).
  6. Federal unemployment insurance administration fund (25900).
  7. Federal unemployment insurance occupational training fund (25950).
  8. Federal emergency employment act fund (26000).
  9. Federal capital projects fund (31350).
  § 1-b. 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 fund within the special reven-
ue,  capital projects, proprietary or fiduciary funds for the purpose of
payment of any fringe benefit or  indirect  cost  liabilities  or  obli-
gations incurred.
  §  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, 2019, up to the unencumbered balance or the  follow-
ing amounts:
  Economic Development and Public Authorities:

S. 7505                            110                           A. 9505

  1.  $175,000  from the miscellaneous special revenue fund, underground
facilities safety training account (22172), to the general fund.
  2. $2,500,000 from the miscellaneous special revenue fund, cable tele-
vision account (21971), to the general fund.
  3.  An  amount  up  to the unencumbered balance from the miscellaneous
special revenue fund, business and licensing services  account  (21977),
to the general fund.
  4.  $14,810,000  from  the  miscellaneous  special  revenue fund, code
enforcement account (21904), to the general fund.
  5. $3,000,000 from the  general  fund  to  the  miscellaneous  special
revenue fund, tax revenue arrearage account (22168).
  Education:
  1.  $2,294,000,000  from  the  general fund to the state lottery fund,
education account (20901), as reimbursement for disbursements made  from
such  fund for supplemental aid to education pursuant to section 92-c of
the state finance law that are in excess of  the  amounts  deposited  in
such fund for such purposes pursuant to section 1612 of the tax law.
  2.  $906,800,000  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. $140,040,000 from the general fund to the New York state commercial
gaming fund, commercial gaming revenue account (23701), as reimbursement
for  disbursements made from such fund for supplemental aid to education
pursuant to section 97-nnnn of the state finance law that are in  excess
of  the  amounts deposited in such fund for purposes pursuant to section
1352 of the racing, pari-mutuel wagering and breeding law.
  4. 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.
  5. $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).
  6. $900,000 from the general fund to the miscellaneous special revenue
fund, Batavia school for the blind account (22032).
  7. $900,000 from the general fund to the miscellaneous special revenue
fund, Rome school for the deaf account (22053).
  8. $343,400,000  from  the  state  university  dormitory  income  fund
(40350)  to  the  miscellaneous  special  revenue fund, state university
dormitory income reimbursable account (21937).
  9. $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).
  10. $8,318,000 from the general fund to the  state  university  income
fund,  state  university  income offset account (22654), for the state's
share of repayment of the STIP loan.
  11. $44,000,000 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,  2018  through  March  31,
2019.
  12.  $4,300,000 from the miscellaneous special revenue fund, office of
the professions account (22051), to the miscellaneous  capital  projects
fund, office of the professions electronic licensing account (32200).

S. 7505                            111                           A. 9505

  Environmental Affairs:
  1.  $16,000,000  from any of the department of environmental conserva-
tion's special revenue federal funds to the  environmental  conservation
special revenue fund, federal indirect recovery account (21065).
  2.  $5,000,000  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  capital
projects fund, I love NY water account (32212).
  5.  $28,000,000  from the general fund to the environmental protection
fund, environmental protection fund transfer account (30451).
  6. $6,500,000 from the general fund to the  hazardous  waste  remedial
fund, hazardous waste oversight and assistance account (31505).
  7.  An  amount  up  to or equal to the cash balance within the special
revenue-other waste management & cleanup account (21053) to the  capital
projects fund (30000).
  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.  $205,000,000  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.  $5,000,000  from  the  miscellaneous  special  revenue fund, state
central registry (22028), to the general fund.
  General Government:

S. 7505                            112                           A. 9505

  1. $1,566,000 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.  $21,778,000  from  the  general  fund to the centralized services
fund, COPS account (55013).
  11. $13,960,000 from the general fund to the agencies internal service
fund, central technology services account (55069), for  the  purpose  of
enterprise technology projects.
  12. $5,500,000 from the miscellaneous special revenue fund, technology
financing  account  (22207)  to  the  internal service fund, data center
account (55062).
  13. $12,500,000 from the internal service fund, human services telecom
account (55063) to  the  internal  service  fund,  data  center  account
(55062).
  14.  $300,000  from  the  internal  service  fund, learning management
systems account (55070)  to  the  internal  service  fund,  data  center
account (55062).
  15.  $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).
  16. $12,000,000 from the miscellaneous special revenue  fund,  parking
services  account (22007), to the centralized services, building support
services account (55018).
  17. $6,000,000 from the general fund to  the  internal  service  fund,
business services center account (55022).
  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.

S. 7505                            113                           A. 9505

  4. $33,134,000 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. $91,304,000 from the HCRA resources fund  (20800)  to  the  capital
projects fund (30000).
  9.  $6,550,000  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. $11,700,000 from the unemployment insurance  interest  and  penalty
fund,  unemployment  insurance  special  interest  and  penalty  account
(23601), to the general fund.
  3. $5,000,000 from the miscellaneous special  revenue  fund,  workers'
compensation  account  (21995),  to  the  training and education program
occupation safety and health fund, OSHA-training and  education  account
(21251) and occupational health inspection account (21252).
  Mental Hygiene:
  1.  $10,000,000  from  the  general fund, 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.  $2,200,000,000  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 general fund, to the agencies internal  service
fund, civil service EHS occupational health program account (55056).
  7.  $15,000,000  from  the chemical dependence service fund, substance
abuse services fund  account  (22700),  to  the  capital  projects  fund
(30000).
  8.  $3,000,000  from  the  chemical dependence service fund, substance
abuse services fund account  (22700),  to  the  mental  hygiene  capital
improvement fund (32305).
  9.  $3,000,000  from  the  chemical dependence service fund, substance
abuse services fund account (22700), to the general fund.
  Public Protection:
  1. $1,350,000 from the miscellaneous special revenue  fund,  emergency
management account (21944), to the general fund.
  2.  $2,087,000  from  the  general  fund  to the miscellaneous special
revenue fund, recruitment incentive account (22171).

S. 7505                            114                           A. 9505

  3. $20,773,000 from the general fund to  the  correctional  industries
revolving   fund,   correctional  industries  internal  service  account
(55350).
  4. $60,000,000 from any of the division of homeland security and emer-
gency services special revenue federal funds to the general fund.
  5.  $8,600,000  from  the miscellaneous special revenue fund, criminal
justice improvement account (21945), to the general fund.
  6. $115,420,000 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.  $118,500,000  from the general fund to the correctional facilities
capital improvement fund (32350).
  8. $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.
  9.  $10,000,000 from the miscellaneous special revenue fund, statewide
public safety communications account (22123), to  the  capital  projects
fund (30000).
  10.  $9,830,000  from  the  miscellaneous  special revenue fund, legal
services assistance account (22096), to the general fund.
  11. $1,000,000 from the general fund to the agencies internal  service
fund, neighborhood work project account (55059).
  12.  $7,980,000  from  the miscellaneous special revenue fund, finger-
print identification & technology account (21950), to the general fund.
  13. $1,100,000 from the state police motor vehicle law enforcement and
motor vehicle theft and insurance fraud prevention fund,  motor  vehicle
theft and insurance fraud account (22801), to the general fund.
  Transportation:
  1. $17,672,000 from the federal miscellaneous operating grants fund to
the  miscellaneous special revenue fund, New York Metropolitan Transpor-
tation Council account (21913).
  2. $20,147,000 from the federal capital projects fund to the miscella-
neous special revenue fund, New York Metropolitan Transportation Council
account (21913).
  3. $15,058,017 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. $265,900,000 from the general fund to  the  dedicated  highway  and
bridge trust fund (30050).
  5.  $244,250,000 from the general fund to the MTA financial assistance
fund, mobility tax trust account (23651).
  6. $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.
  7.  $3,000,000  from  the  miscellaneous special revenue fund, traffic
adjudication account (22055), to the general fund.
  8. $17,421,000 from the mass transportation operating assistance fund,
metropolitan mass transportation operating assistance  account  (21402),
to the capital projects fund (30000).

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  9. $5,000,000 from the miscellaneous special revenue fund, transporta-
tion  regulation  account (22067) to the general fund, for disbursements
made from such fund for motor carrier safety that are in excess  of  the
amounts  deposited  in  the  general  fund  for such purpose pursuant to
section 94 of the transportation law.
  Miscellaneous:
  1. $250,000,000 from the general fund to any funds or accounts for the
purpose of reimbursing certain outstanding accounts receivable balances.
  2.  $500,000,000  from  the general fund to the debt reduction reserve
fund (40000).
  3. $450,000,000 from the New York state storm  recovery  capital  fund
(33000) to the revenue bond tax fund (40152).
  4.  $18,550,000  from  the general fund, community projects account GG
(10256), to the general fund, state purposes account (10050).
  5. $100,000,000 from any special revenue federal fund 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, 2019:
  1. Upon request of the commissioner of environmental conservation,  up
to  $12,531,400 from revenues credited to any of the department of envi-
ronmental conservation special revenue funds, including $4,000,000  from
the  environmental  protection  and oil spill compensation fund (21200),
and $1,819,600 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, 2019, 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

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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.
  §  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, 2019, 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, 2019, 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, 2019.
  § 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  $1,000,778,300  from the general fund to the state university income
fund, state university general revenue offset account (22655) during the
period of July 1, 2018 through June 30, 2019 to  support  operations  at
the state university.
  §  10. 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  $20,000,000  from  the general fund to the state university
income fund, state university general  revenue  offset  account  (22655)
during the period of July 1, 2018 to June 30, 2019 to support operations
at  the  state  university  in accordance with the maintenance of effort
pursuant to clause (v) of subparagraph (4) of paragraph h of subdivision
2 of section 355 of the education law.
  § 11. Notwithstanding any law to the contrary, and in accordance  with
section 4 of the state finance law, the comptroller is hereby authorized
and  directed to transfer, upon request of the state university chancel-
lor or his or her designee, up to $126,000,000 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, 2019.
  §  12. Notwithstanding any law to the contrary, and in accordance with
section 4 of the state finance law, the comptroller, after  consultation
with  the  state university chancellor or his or her designee, is hereby
authorized and directed to transfer moneys, in the first instance,  from
the  state  university  collection fund, Stony Brook hospital collection

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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, 2019.
  §  13.  Notwithstanding any law to the contrary, upon the direction of
the director of the budget and the chancellor of the state university of
New York or his or her designee, and in accordance with section 4 of the
state finance law, the comptroller is hereby authorized and directed  to
transfer  monies from the state university dormitory income fund (40350)
to the state university residence hall rehabilitation fund (30100),  and
from  the state university residence hall rehabilitation fund (30100) to
the state university dormitory income fund (40350), in an amount not  to
exceed $80 million from each fund.
  §  14. Notwithstanding any law to the contrary, and in accordance with
section 4 of the state finance law, the comptroller is hereby authorized
and directed to transfer monies, upon request of  the  director  of  the
budget,  on  or  before March 31, 2019, 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.
  §  15.  Subdivision  5  of  section  97-f of the state finance law, as
amended by chapter 18 of the  laws  of  2003,  is  amended  to  read  as
follows:
  5. The comptroller shall from time to time, but in no event later than
the  fifteenth  day  of  each  month, pay over for deposit in the mental
hygiene [patient income]  GENERAL  FUND  STATE  OPERATIONS  account  all
moneys  in  the  mental  health services fund in excess of the amount of
money required to be maintained on deposit in the mental health services
fund. The amount required to be maintained in such  fund  shall  be  (i)
twenty  percent of the amount of the next payment coming due relating to
the mental health services  facilities  improvement  program  under  any
agreement  between  the  facilities  development corporation and the New
York state medical care facilities  finance  agency  multiplied  by  the
number  of months from the date of the last such payment with respect to
payments under any such agreement required  to  be  made  semi-annually,
plus  (ii) those amounts specified in any such agreement with respect to
payments required to be made other  than  semi-annually,  including  for
variable  rate  bonds,  interest  rate exchange or similar agreements or
other financing arrangements permitted by law. Prior to making any  such
payment,  the  comptroller shall make and deliver to the director of the
budget and the chairmen of the facilities  development  corporation  and

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the New York state medical care facilities finance agency, a certificate
stating  the  aggregate amount to be maintained on deposit in the mental
health services fund to comply in  full  with  the  provisions  of  this
subdivision.
  §  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 $800 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  2018-19  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
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 $145
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

S. 7505                            119                           A. 9505

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 to the contrary, as  deemed
feasible and advisable by its trustees, the power authority of the state
of New York is authorized and directed to transfer to the state treasury
to  the credit of the general fund $20,000,000 for the state fiscal year
commencing April 1, 2018, the proceeds of  which  will  be  utilized  to
support energy-related state activities.
  §  21. 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,
2019:  (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.
  § 22. Subdivision 5 of section 97-rrr of the  state  finance  law,  as
amended  by section 21 of part XXX of chapter 59 of the laws of 2017, is
amended to read as follows:
  5. Notwithstanding the provisions of section one hundred seventy-one-a
of the tax law, as separately amended by chapters four  hundred  eighty-
one  and four hundred eighty-four of the laws of nineteen hundred eight-
y-one, and notwithstanding the provisions of chapter ninety-four of  the
laws  of  two  thousand  eleven,  or  any other provisions of law to the
contrary, during the fiscal year beginning  April  first,  two  thousand
[seventeen]  EIGHTEEN,  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
[$2,679,997,000] $2,409,909,000, 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 [seventeen] EIGHTEEN.
  § 23. 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, 2019, 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).

S. 7505                            120                           A. 9505

  7.  $2,550,000  from  the  miscellaneous  special revenue fund, patron
services account (22163).
  8.  $830,000  from the miscellaneous special revenue fund, long island
veterans' home account (22652).
  9. $5,379,000 from  the  miscellaneous  special  revenue  fund,  state
university general income reimbursable account (22653).
  10.  $112,556,000  from  the miscellaneous special revenue fund, state
university revenue offset account (22655).
  11. $557,000  from  the  miscellaneous  special  revenue  fund,  state
university of New York tuition reimbursement account (22659).
  12. $41,930,000 from the state university dormitory income fund, state
university dormitory income fund (40350).
  13. $1,000,000 from the miscellaneous special revenue fund, litigation
settlement and civil recovery account (22117).
  § 24. Subdivisions 2 and 4 of section 97-rrr of the state finance law,
subdivision  2  as  amended by section 45 of part H of chapter 56 of the
laws of 2000 and subdivision 4 as added by section 22-b of part  XXX  of
chapter 59 of the laws of 2017, is amended 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 THE 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  MONIES  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  [until
June 30, 2019].
  §  25. Subdivision 6 of section 4 of the state finance law, as amended
by section 24 of part UU of chapter 54 of the laws of 2016,  is  amended
to read as follows:
  6.  Notwithstanding  any  law to the contrary, at the beginning of the
state fiscal year,  the  state  comptroller  is  hereby  authorized  and
directed  to  receive  for  deposit  to  the  credit of a fund and/or an
account such monies as are identified by the director of the  budget  as
having been intended for such deposit to support disbursements from such
fund  and/or  account  made  in pursuance of an appropriation by law. As
soon as practicable upon enactment of the budget, the  director  of  the
budget  shall,  but  not  less  than  three  days  following preliminary
submission to the chairs of the senate finance committee and the  assem-
bly  ways  and means committee, file with the state comptroller an iden-
tification of specific monies to be so deposited. Any subsequent  change
regarding  the  monies to be so deposited shall be filed by the director
of the budget, as soon as practicable, but  not  less  than  three  days
following  preliminary  submission  to  the chairs of the senate finance
committee and the assembly ways and means committee.
  All monies identified by the director of the budget to be deposited to
the credit of a fund and/or account shall be consistent with the  intent
of  the  budget for the then current state fiscal year as enacted by the
legislature.

S. 7505                            121                           A. 9505

  [The provisions of this subdivision  shall  expire  on  March  thirty-
first, two thousand eighteen.]
  § 26. Subdivision 4 of section 40 of the state finance law, as amended
by  section  25 of part UU of chapter 54 of the laws of 2016, is amended
to read as follows:
  4. Every appropriation made from a fund or account to a department  or
agency shall be available for the payment of prior years' liabilities in
such fund or account for fringe benefits, indirect costs, and telecommu-
nications  expenses  and  expenses  for  other centralized services fund
programs without limit. Every appropriation shall also be available  for
the  payment  of  prior  years'  liabilities  other than those indicated
above, but only to the extent of one-half of one percent  of  the  total
amount appropriated to a department or agency in such fund or account.
  [The  provisions  of this subdivision shall expire March thirty-first,
two thousand eighteen.]
  § 27. Notwithstanding any provision of law to  the  contrary,  in  the
event  that  federal  legislation,  federal  regulatory actions, federal
executive actions or federal judicial actions reduce  federal  financial
participation  in Medicaid funding to New York state or its subdivisions
by $850 million or more in state fiscal years 2018-19  through  2019-20,
the  director  of  the division of the budget shall notify the temporary
president of the senate and the speaker of the assembly in writing  that
the  federal actions will reduce expected funding to New York state. The
director of the division of the budget shall prepare a plan  that  shall
be  submitted  to  the  legislature,  which  shall (a) specify the total
amount of the reduction in federal financial participation in  Medicaid,
(b)  itemize  the specific programs and activities that will be affected
by the reduction in federal financial participation in Medicaid, and (c)
identify the general fund and state special revenue fund  appropriations
and  related  disbursements  that  shall be reduced, and in what program
areas, provided, however, that such  reductions  to  appropriations  and
disbursements  shall  be  applied  equally  and  proportionally  to  the
programs affected by the reduction in federal financial participation in
Medicaid. Upon such submission, the legislature shall have 90 days after
such submission to either prepare its own plan, which may be adopted  by
concurrent  resolution  passed  by  both houses, or if after 90 days the
legislature fails to adopt their own plan, the reductions to the general
fund and state special revenue fund appropriations and related disburse-
ments identified in the division of the budget plan will go into  effect
automatically.
  §  28.  Notwithstanding  any  provision of law to the contrary, in the
event that federal  legislation,  federal  regulatory  actions,  federal
executive  actions  or federal judicial actions reduce federal financial
participation or other federal aid in funding to  New  York  state  that
affects the state operating funds financial plan by $850 million or more
in  state fiscal years 2018-19 through 2019-20, exclusive of any cuts to
Medicaid, the director of the division of the budget  shall  notify  the
temporary  president  of  the  senate and the speaker of the assembly in
writing that the federal actions will reduce  expected  funding  to  New
York  state.  The director of the division of the budget shall prepare a
plan that shall be submitted to the legislature, which shall (a) specify
the total amount of the  reduction  in  federal  aid,  (b)  itemize  the
specific  programs  and  activities that will be affected by the federal
reductions, exclusive of Medicaid, and (c) identify the general fund and
state special revenue fund appropriations and related disbursements that
shall be reduced, and in what program  areas,  provided,  however,  that

S. 7505                            122                           A. 9505

such  reductions  to  appropriations  and disbursements shall be applied
equally and proportionally. Upon such submission, the legislature  shall
have 90 days after such submission to either prepare its own plan, which
may  be  adopted  by  concurrent resolution passed by both houses, or if
after 90 days the  legislature  fails  to  adopt  their  own  plan,  the
reductions  to the general fund and state special revenue fund appropri-
ations and related disbursements identified in the division of the budg-
et plan will go into effect automatically.
  § 28-a. The state finance law is amended by adding a new section 28 to
read as follows:
  § 28. REDUCTIONS TO ENACTED APPROPRIATIONS.   1.  NOTWITHSTANDING  ANY
OTHER PROVISION OF LAW TO THE CONTRARY, TO MAINTAIN A BALANCED BUDGET IN
THE  EVENT THAT THE ANNUAL ESTIMATE FOR TAX RECEIPTS FOR FISCAL YEAR TWO
THOUSAND EIGHTEEN-NINETEEN IS REDUCED BY FIVE HUNDRED MILLION DOLLARS OR
MORE COMPARED TO ESTIMATE IN THE FISCAL YEAR TWO THOUSAND EIGHTEEN-NINE-
TEEN EXECUTIVE BUDGET FINANCIAL PLAN,  THE  APPROPRIATIONS  AND  RELATED
CASH  DISBURSEMENTS  FOR ALL GENERAL FUND AND STATE SPECIAL REVENUE FUND
AID TO LOCALITIES APPROPRIATIONS  SHALL  BE  UNIFORMLY  REDUCED  BY  THE
PERCENTAGE SET FORTH IN A WRITTEN ALLOCATION PLAN PREPARED BY THE DIREC-
TOR  OF  THE  BUDGET,  PROVIDED,  HOWEVER,  THAT  THE UNIFORM PERCENTAGE
REDUCTION SHALL NOT EXCEED THREE PERCENT. THE FOLLOWING TYPES OF  APPRO-
PRIATIONS  SHALL BE EXEMPT FROM UNIFORM REDUCTION: (A) PUBLIC ASSISTANCE
PAYMENTS FOR FAMILIES AND INDIVIDUALS AND PAYMENTS  FOR  ELIGIBLE  AGED,
BLIND  AND DISABLED PERSONS RELATED TO SUPPLEMENTAL SOCIAL SECURITY; (B)
ANY REDUCTIONS THAT WOULD VIOLATE FEDERAL  LAW;  (C)  PAYMENTS  OF  DEBT
SERVICE  AND  RELATED  EXPENSES  FOR WHICH THE STATE IS CONSTITUTIONALLY
OBLIGATED TO PAY DEBT SERVICE OR IS CONTRACTUALLY OBLIGATED TO PAY  DEBT
SERVICE,  SUBJECT  TO  AN APPROPRIATION, INCLUDING WHERE THE STATE HAS A
CONTINGENT CONTRACTUAL OBLIGATION; (D) PAYMENTS THE STATE  IS  OBLIGATED
TO  MAKE  PURSUANT  TO  COURT ORDERS OR JUDGMENTS; (E) PAYMENTS FOR CUNY
SENIOR COLLEGES; (F) SCHOOL AID; (G) MEDICAID; AND (H) PAYMENTS FROM THE
COMMUNITY PROJECTS FUND.
  2. REDUCTIONS UNDER  THIS  SECTION  SHALL  COMMENCE  WITHIN  TEN  DAYS
FOLLOWING  THE  PUBLICATION  OF A FINANCIAL PLAN REQUIRED UNDER SECTIONS
TWENTY-TWO OR TWENTY-THREE OF THIS ARTICLE STATING THAT THE ANNUAL ESTI-
MATE FOR TAX RECEIPTS FOR FISCAL YEAR TWO THOUSAND EIGHTEEN-NINETEEN  IS
REDUCED  BY FIVE HUNDRED MILLION DOLLARS OR MORE COMPARED TO ESTIMATE IN
THE FISCAL YEAR TWO THOUSAND EIGHTEEN-NINETEEN EXECUTIVE  BUDGET  FINAN-
CIAL  PLAN.    SUCH  REDUCTIONS SHALL BE UNIFORMLY REDUCED IN ACCORDANCE
WITH A WRITTEN ALLOCATION PLAN PREPARED BY THE DIRECTOR OF  THE  BUDGET,
WHICH  SHALL  BE  FILED  WITH THE STATE COMPTROLLER, THE CHAIRMAN OF THE
SENATE FINANCE COMMITTEE AND THE CHAIRMAN OF THE ASSEMBLY WAYS AND MEANS
COMMITTEE. SUCH WRITTEN ALLOCATION PLAN SHALL INCLUDE A SUMMARY  OF  THE
METHODOLOGY  FOR  CALCULATING  THE PERCENTAGE REDUCTIONS TO THE PAYMENTS
FROM NON-EXEMPT APPROPRIATIONS AND CASH DISBURSEMENTS  AND  THE  REASONS
FOR  ANY  EXEMPTIONS,  AND  A  DETAILED  SCHEDULE  OF THE REDUCTIONS AND
EXEMPTIONS. THE DIRECTOR  OF  THE  BUDGET  SHALL  PREPARE  APPROPRIATELY
REDUCED  CERTIFICATES,  WHICH SHALL BE FILED WITH THE STATE COMPTROLLER,
THE CHAIR OF THE SENATE FINANCE COMMITTEE AND THE CHAIR OF THE  ASSEMBLY
WAYS AND MEANS COMMITTEE.
  3.  ON  MARCH THIRTY-FIRST, TWO THOUSAND NINETEEN, THE DIRECTOR OF THE
BUDGET SHALL CALCULATE THE DIFFERENCE, IF ANY, BETWEEN THE ANNUAL  ESTI-
MATE  IN TAX RECEIPTS CONTAINED IN THE FISCAL YEAR 2019 EXECUTIVE BUDGET
FINANCIAL PLAN AND ACTUAL TAX COLLECTIONS FOR FISCAL YEAR  TWO  THOUSAND
EIGHTEEN-NINETEEN.  IF  ACTUAL TAX RECEIPTS FOR FISCAL YEAR TWO THOUSAND
EIGHTEEN-NINETEEN WERE NOT LESS THAN FIVE HUNDRED MILLION DOLLARS  BELOW

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THE  ANNUAL  ESTIMATE  IN TAX RECEIPTS CONTAINED IN THE EXECUTIVE BUDGET
FINANCIAL PLAN FOR FISCAL YEAR TWO THOUSAND EIGHTEEN-NINETEEN, THEN  THE
AMOUNTS  WITHHELD UNDER THIS SECTION SHALL BE PAYABLE AS SOON AS PRACTI-
CABLE THEREAFTER IN THE FISCAL YEAR TWO THOUSAND TWENTY-TWENTY-ONE.
  4.  NOTWITHSTANDING  ANY  INCONSISTENT PROVISION OF LAW, RULE OR REGU-
LATION, THE EFFECTIVENESS OF THE  PROVISIONS  OF  SECTIONS  TWENTY-EIGHT
HUNDRED  SEVEN AND THIRTY-SIX HUNDRED FOURTEEN OF THE PUBLIC HEALTH LAW,
SECTION EIGHTEEN OF CHAPTER TWO OF THE LAWS OF NINETEEN HUNDRED  EIGHTY-
EIGHT,  AND  18  NYCRR  §  505.14(H),  AS THEY RELATE TO TIME FRAMES FOR
NOTICE, APPROVAL OR  CERTIFICATION  OF  RATES  OF  PAYMENT,  ARE  HEREBY
SUSPENDED  AND  WITHOUT FORCE OR EFFECT FOR PURPOSES OF IMPLEMENTING THE
PROVISIONS OF THIS ACT.
  § 29. Section 8-b of the state finance law, as added by chapter 169 of
the laws of 1994, is amended to read as follows:
  § 8-b. Additional duties of the comptroller.  1.  The  comptroller  is
hereby  authorized  and  directed  to  assess fringe benefit and central
service agency indirect costs on  all  non-general  funds,  AND  ON  THE
GENERAL  FUND UPON REQUEST AND AT THE SOLE DISCRETION OF THE DIRECTOR OF
THE BUDGET, and to [bill] CHARGE such assessments [on]  TO  such  funds.
Such  fringe  benefit and indirect costs [billings] ASSESSMENTS shall be
based on rates provided to the comptroller by the director of the  budg-
et.    Copies  of such rates shall be provided to the legislative fiscal
committees.
  2. Receipts derived from such indirect costs assessments, paid  pursu-
ant  to appropriations, shall be [deposited to the indirect costs recov-
ery account] REFUNDED TO THE ORIGINATING GENERAL FUND APPROPRIATIONS, OR
AS DIRECTED BY THE DIRECTOR OF THE  BUDGET,  IN  CONSULTATION  WITH  THE
COMPTROLLER.  Receipts derived from the fringe benefit assessments, paid
pursuant  to  appropriations,  shall be [deposited to the fringe benefit
escrow account. If any of the fringe benefit escrow accounts have avail-
able balances, such balances may be applied to other categories  in  the
general  state  charges  schedule  as  determined by the director of the
budget] REFUNDED TO ANY ORIGINATING GENERAL STATE CHARGE  APPROPRIATION,
PURSUANT  TO  A  SCHEDULE SUBMITTED BY THE DIRECTOR OF THE BUDGET TO THE
COMPTROLLER.
  § 30. 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

S. 7505                            124                           A. 9505

rebated  to  the  federal  government  pursuant to the provisions of the
internal revenue code of 1986, as amended.
  §  31.  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 24 of part XXX of chapter 59 of the
laws of 2017, 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 [four hundred fifty
million five hundred forty thousand dollars] FIVE HUNDRED FORTY  MILLION
NINE HUNDRED FIFTY-FOUR 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.
  § 32. 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  25 of part XXX of chapter 59 of the laws of 2017, is amended to
read as follows:
  1. Subject to the provisions of chapter 59 of the laws  of  2000,  but
notwithstanding the provisions of section 18 of section 1 of chapter 174
of the laws of 1968, the New York state urban development corporation is
hereby  authorized  to  issue  bonds,  notes and other obligations in an
aggregate principal amount not to exceed [seven]  EIGHT  billion  [seven
hundred  forty-one]  EIGHTY-TWO  million [one] EIGHT hundred ninety-nine
thousand dollars [$7,741,199,000] $8,082,899,000, 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] EIGHT billion [seven hundred forty-one]  EIGHTY-TWO

S. 7505                            125                           A. 9505

million    [one]    EIGHT    hundred    ninety-nine   thousand   dollars
[$7,741,199,000] $8,082,899,000, 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.
  §  33.  Paragraph  (a) of subdivision 2 of section 47-e of the private
housing finance law, as amended by section 26 of part XXX of chapter  59
of the laws of 2017, 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  $5,691,399,000  five  billion
[three] SIX hundred [eighty-four] NINETY-ONE million [one] THREE hundred
ninety-nine thousand dollars, plus a principal amount of bonds issued to
fund  the  debt service reserve fund in accordance with the debt service
reserve fund requirement established by the agency and to fund any other
reserves that the agency reasonably deems necessary for the security  or
marketability  of  such bonds and to provide for the payment of fees and
other charges and expenses, including  underwriters'  discount,  trustee
and rating agency fees, bond insurance, credit enhancement and liquidity
enhancement  related to the issuance of such bonds and notes. No reserve
fund securing the housing program bonds shall be entitled or eligible to
receive state funds apportioned or appropriated to maintain  or  restore
such  reserve  fund at or to a particular level, except to the extent of
any deficiency resulting directly or indirectly from a  failure  of  the
state to appropriate or pay the agreed amount under any of the contracts
provided for in subdivision four of this section.
  §  34.  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 27 of part XXX of chapter 59 of the laws of 2017, 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

S. 7505                            126                           A. 9505

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
[$9,699,586,000]  $10,186,939,000 cumulatively by the end of fiscal year
[2017-18] 2018-19.
  § 35. Subdivision 1 of section 1689-i of the public  authorities  law,
as  amended by section 28 of part XXX of chapter 59 of the laws of 2017,
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 [eighty-three] NINETY-
SEVEN million dollars.
  § 36. 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  29 of part XXX of chapter 59 of the laws of 2017, 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
[$173,600,000] $220,100,000 TWO HUNDRED TWENTY MILLION ONE HUNDRED THOU-
SAND DOLLARS, excluding bonds issued to finance one or more debt service
reserve funds, to pay costs of issuance of  such  bonds,  and  bonds  or
notes issued to refund or otherwise repay such bonds or notes previously
issued,  for  the  purpose  of  financing  capital projects including IT
initiatives for the division of state police, debt service  and  leases;
and to reimburse the state general fund for disbursements made therefor.
Such  bonds  and  notes of such authorized issuer shall not be a debt of
the state, and the state shall not be liable thereon, nor shall they  be
payable  out  of any funds other than those appropriated by the state to
such authorized issuer for debt service and related expenses pursuant to
any service contract  executed  pursuant  to  subdivision  (b)  of  this
section  and  such  bonds  and notes shall contain on the face thereof a
statement to such effect. Except for  purposes  of  complying  with  the
internal revenue code, any interest income earned on bond proceeds shall
only be used to pay debt service on such bonds.
  §  37.  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 30 of part XXX of chapter 59 of the laws of 2017, 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-

S. 7505                            127                           A. 9505

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  TECH  INNOVATION AND ECONOMIC
DEVELOPMENT  INFRASTRUCTURE  PROGRAM,  high   technology   manufacturing
projects in Chautauqua and Erie county, an industrial scale research and
development  facility  in  Clinton county, upstate revitalization initi-
ative projects, DOWNSTATE  REVITALIZATION  INITIATIVE  market  New  York
projects,  fairground  buildings,  equipment 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,  water  infrastructure  in  the city of Auburn and town of
Owasco, a life sciences laboratory public  health  initiative,  not-for-
profit  pounds, shelters and humane societies, arts and cultural facili-
ties improvement program, restore  New  York's  communities  initiative,
heavy equipment, economic development and infrastructure projects, [and]
other  state  costs  associated  with such projects AND ROOSEVELT ISLAND
OPERATING CORPORATION CAPITAL PROJECTS.  The aggregate principal  amount
of  bonds  authorized  to  be  issued pursuant to this section shall not
exceed [six] EIGHT  billion  [seven]  ONE  hundred  [eight]  FIFTY-EIGHT
million  [two]  FIVE  hundred  [fifty-seven]  NINETY  thousand  dollars,
excluding bonds issued to fund one or more debt service  reserve  funds,
to  pay  costs  of  issuance of such bonds, and bonds or notes issued to
refund or otherwise repay such bonds or notes  previously  issued.  Such
bonds and notes of the dormitory authority and the corporation shall not
be  a  debt of the state, and the state shall not be liable thereon, nor
shall they be payable out of any funds other than those appropriated  by
the  state to the dormitory authority and the corporation for principal,
interest, and related expenses pursuant to a service contract  and  such
bonds  and  notes  shall contain on the face thereof a statement to such
effect. Except for purposes of complying with the internal revenue code,
any interest income earned on bond proceeds shall only be  used  to  pay
debt service on such bonds.
  2.  Notwithstanding  any  other  provision  of law to the contrary, in
order to assist the dormitory authority and the corporation in undertak-
ing the financing for project costs for the regional  economic  develop-
ment  council  initiative,  the  economic  transformation program, state
university of New York college for nanoscale  and  science  engineering,
projects  within  the  city  of Buffalo or surrounding environs, the New
York works economic development fund,  projects  for  the  retention  of
professional  football  in  western  New York, the empire state economic
development fund, the clarkson-trudeau partnership, the New York  genome
center, the cornell university college of veterinary medicine, the olym-
pic  regional  development  authority,  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, equipment 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, water infrastructure in the city of Auburn and town
of Owasco, a life sciences laboratory public health initiative, not-for-

S. 7505                            128                           A. 9505

profit pounds, shelters and humane societies, arts and cultural  facili-
ties  improvement  program,  restore  New York's communities initiative,
heavy equipment, economic development and infrastructure  projects,  and
other  state  costs  associated  with such projects, the director of the
budget is hereby authorized to enter into one or more service  contracts
with  the  dormitory  authority and the corporation, none of which shall
exceed thirty years in duration, upon such terms and conditions  as  the
director  of  the budget and the dormitory authority and the corporation
agree, so as to annually provide to  the  dormitory  authority  and  the
corporation, in the aggregate, a sum not to exceed the principal, inter-
est, 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 appro-
priation 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.
  § 38. Subdivisions 1 and 3 of section 1285-p of the public authorities
law,  as  amended by section 31 of part XXX of chapter 59 of the laws of
2017, are amended to read as follows:
  1. Subject to chapter fifty-nine of the  laws  of  two  thousand,  but
notwithstanding any other provisions of law to the contrary, in order to
assist the corporation in undertaking the administration and the financ-
ing of the design, acquisition, construction, improvement, installation,
and related work for all or any portion of any of the following environ-
mental  infrastructure  projects  and  for the provision of funds to the
state for any amounts disbursed therefor: (a) projects authorized  under
the  environmental protection fund, or for which appropriations are made
to the environmental protection  fund  including,  but  not  limited  to
municipal   parks   and  historic  preservation,  stewardship,  farmland
protection, non-point source, pollution control, Hudson River Park, land
acquisition, and waterfront revitalization; (b) department  of  environ-
mental conservation capital appropriations for Onondaga Lake for certain
water  quality  improvement  projects in the same manner as set forth in
paragraph (d) of subdivision one of section 56-0303 of the environmental
conservation law; (c) for the purpose of the administration, management,
maintenance, and use of the real property at the western New York nucle-
ar service center; (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; (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

S. 7505                            129                           A. 9505

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 security for its bonds and
notes, as authorized pursuant to section twelve hundred ninety  of  this
title.
  3.  The  maximum amount of bonds that may be issued for the purpose of
financing  environmental  infrastructure  projects  authorized  by  this
section  shall  be  [four]  FIVE  billion [nine] TWO hundred [fifty-one]
NINETY-SIX million [seven] ONE 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.
  § 39. 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 32 of part XXX of chapter  59  of  the
laws of 2017, 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
$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 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.
  §  40.  Subdivision  (a)  of section 48 of part K of chapter 81 of the
laws of 2002, relating to providing for the  administration  of  certain
funds  and  accounts  related  to  the  2002-2003  budget, as amended by
section 33 of part XXX of chapter 59 of the laws of 2017, 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

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exceed   [$250,000,000]  $253,000,000  TWO-HUNDRED  FIFTY-THREE  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, 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 [$654,800,000]
$744,800,000, SEVEN HUNDRED FORTY-FOUR MILLION  EIGHT  HUNDRED  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, 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.
  § 41. Subdivision 1 of section 386-b of the public authorities law, as
amended  by section 34 of part XXX of chapter 59 of the laws of 2017, 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  four
billion   [three]  FOUR  hundred  [sixty-four]  EIGHTY  million  dollars
[$4,364,000,000] $4,480,000,000, excluding bonds issued to fund  one  or
more debt service reserve funds, to pay costs of issuance of such bonds,
and  to refund or otherwise repay such bonds or notes previously issued.
Such bonds and notes of the authority, the dormitory authority  and  the
urban  development corporation shall not be a debt of the state, and the
state shall not be liable thereon, nor shall they be payable out of  any
funds  other  than those appropriated by the state to the authority, the
dormitory authority and the urban development corporation for principal,
interest, and related expenses pursuant to a service contract  and  such
bonds  and  notes  shall contain on the face thereof a statement to such
effect. Except for purposes of complying with the internal revenue code,
any interest income earned on bond proceeds shall only be  used  to  pay
debt service on such bonds.
  §  42.  Paragraph  (c) of subdivision 19 of section 1680 of the public
authorities law, as amended by section 35 of part XXX of chapter  59  of
the laws of 2017, 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

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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  twelve  billion  [three]  NINE hundred [forty-three] FORTY-EIGHT
million  EIGHT  HUNDRED  SIXTY-FOUR  THOUSAND  dollars  $12,948,864,000;
provided,  however,  that bonds issued or to be issued shall be excluded
from such limitation if: (1) such  bonds  are  issued  to  refund  state
university  construction  bonds  and state university construction notes
previously issued by the housing finance agency; or (2) such  bonds  are
issued  to refund bonds of the authority or other obligations issued for
state university educational facilities purposes and the  present  value
of the aggregate debt service on the refunding bonds does not exceed the
present value of the aggregate debt service on the bonds refunded there-
by;  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 there-
on 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 expi-
ration 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.
  § 43. Paragraph (c) of subdivision 14 of section 1680  of  the  public
authorities  law,  as amended by section 36 of part XXX of chapter 59 of
the laws of 2017, 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

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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] EIGHT billion [nine] THREE
hundred [eighty-one] FOURTEEN million [nine] SIX  hundred  [sixty-eight]
NINETY-ONE  thousand  dollars $8,314,691,000.   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.
  §  44. Subdivision 10-a of section 1680 of the public authorities law,
as amended by section 37 of part XXX of chapter 59 of the laws of  2017,
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  nine  hundred  [four-
teen]  FIFTY-THREE  million [five] TWO hundred [ninety] SIXTY-FIVE thou-
sand dollars $953,265,000. 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.
  § 45. 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 38 of part XXX of chapter 59 of the laws of 2017, is amended  to
read as follows:
  1.  Subject  to  the provisions of chapter 59 of the laws of 2000, but
notwithstanding the provisions of section 18 of section 1 of chapter 174
of the laws of 1968, the New York state urban development corporation is
hereby authorized to issue bonds, notes  and  other  obligations  in  an
aggregate  principal  amount  not to exceed [six] SEVEN hundred [eighty-
two] SIXTY-NINE million [nine]  SIX  hundred  fifteen  thousand  dollars
[($682,915,000)]   ($769,615,000),  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

S. 7505                            133                           A. 9505

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] SEVEN hundred
[eighty-two] SIXTY-NINE million  [nine]  SIX  hundred  fifteen  thousand
dollars  [($682,915,000)]  ($769,615,000),  only if the present value of
the aggregate debt service of the refunding or repayment bonds, notes or
other obligations to be issued shall not exceed the present value of the
aggregate debt service of the bonds, notes or other obligations so to be
refunded or repaid. For the purposes hereof, the present  value  of  the
aggregate  debt  service  of  the refunding or repayment bonds, notes or
other obligations and of the aggregate debt service of the bonds,  notes
or  other  obligations  so  refunded  or  repaid, shall be calculated by
utilizing the effective interest rate  of  the  refunding  or  repayment
bonds,  notes  or other obligations, which shall be that rate arrived at
by doubling the semi-annual  interest  rate  (compounded  semi-annually)
necessary  to  discount  the  debt  service payments on the refunding or
repayment bonds, notes or other obligations from the payment dates 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.
  §  46.  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 39 of part XXX
of chapter 59 of the laws of 2017, is amended to read as follows:
  b. The agency shall have power and is hereby authorized from  time  to
time  to  issue negotiable bonds and notes in conformity with applicable
provisions of the uniform commercial code in such principal  amount  as,
in  the  opinion  of  the  agency, shall be necessary, after taking into
account other moneys which may be available for the purpose, to  provide
sufficient  funds  to  the  facilities  development  corporation, or any
successor agency, for the financing or refinancing of or for the design,
construction, acquisition, reconstruction, rehabilitation or improvement
of mental health services facilities pursuant to  paragraph  a  of  this
subdivision,  the payment of interest on mental health services improve-
ment bonds and mental health services improvement notes issued for  such
purposes,  the establishment of reserves to secure such bonds and notes,
the cost or premium of bond insurance or  the  costs  of  any  financial
mechanisms  which  may  be used to reduce the debt service that would be
payable by the agency on its mental health services facilities  improve-
ment  bonds  and notes and all other expenditures of the agency incident
to and necessary or convenient to providing the  facilities  development
corporation,  or  any  successor agency, with funds for the financing or
refinancing of or for any such design, construction, acquisition, recon-
struction, rehabilitation or improvement and for the refunding of mental
hygiene improvement bonds issued pursuant to section 47-b of the private
housing finance law; provided, however, that the agency shall not  issue
mental  health  services  facilities improvement bonds and mental health
services facilities improvement notes in an aggregate  principal  amount
exceeding  eight  billion [three] SEVEN hundred [ninety-two] FIFTY-EIGHT
MILLION [eight] SEVEN hundred [fifteen] ELEVEN thousand dollars, exclud-
ing mental health  services  facilities  improvement  bonds  and  mental
health  services facilities improvement notes issued to refund outstand-
ing mental health  services  facilities  improvement  bonds  and  mental
health  services  facilities  improvement notes; provided, however, that

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upon any such refunding or repayment of mental health  services  facili-
ties improvement bonds and/or mental health services facilities improve-
ment  notes  the  total aggregate principal amount of outstanding mental
health  services  facilities improvement bonds and mental health facili-
ties improvement notes may be greater than eight billion  [three]  SEVEN
hundred [ninety-two] FIFTY-EIGHT MILLION [eight] SEVEN hundred [fifteen]
ELEVEN  thousand  dollars  $8,758,711,000 only if, except as hereinafter
provided with respect to mental health  services  facilities  bonds  and
mental  health services facilities notes issued to refund mental hygiene
improvement bonds authorized to be issued pursuant to the provisions  of
section  47-b  of  the private housing finance law, the present value of
the aggregate debt service of the refunding or  repayment  bonds  to  be
issued  shall not exceed the present value of the aggregate debt service
of the bonds to be refunded or repaid. For purposes hereof, the  present
values  of  the  aggregate  debt  service  of the refunding or repayment
bonds, notes or other obligations and of the aggregate debt  service  of
the  bonds,  notes  or other obligations so refunded or repaid, shall be
calculated by utilizing the effective interest rate of the refunding  or
repayment  bonds,  notes  or other 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 refund-
ing  or  repayment  bonds,  notes  or other obligations from the payment
dates thereof to the date of issue of the refunding or repayment  bonds,
notes  or  other  obligations  and  to the price bid including estimated
accrued interest or proceeds received by the authority  including  esti-
mated  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 certified by the
facilities development corporation, of the projects for which the  bonds
are  issued, and in any case shall not exceed thirty years and the maxi-
mum 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 to be issued by  the  agency
among  the office of mental health, office for people with developmental
disabilities, and the office of alcoholism and substance abuse services,
in consultation with their respective commissioners to finance  bondable
appropriations previously approved by the legislature.
  §  47.  Subdivision 1 of section 1680-r of the public authorities law,
as amended by section 41 of part XXX of chapter 59 of the laws of  2017,
is amended to read as follows:
  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 pursuant to  the  public
health  law  or  the mental hygiene law and other state costs associated
with such capital projects,  the  health  care  facility  transformation
programs,  and the essential health care provider program. The aggregate

S. 7505                            135                           A. 9505

principal amount of bonds authorized  to  be  issued  pursuant  to  this
section  shall  not  exceed  [two] THREE billion [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  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.
  § 48. 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 42 of part XXX of chapter 59 of the laws  of  2017,  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, approved private special education  schools,  non-public  schools,
community centers, day care facilities, and other state costs associated
with  such  capital  projects.  The  aggregate principal amount of bonds
authorized to be issued  pursuant  to  this  section  shall  not  exceed
fifty-five  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 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-
public schools, community centers, day care facilities, 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  condi-
tions  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 aggre-
gate,  a sum not to exceed the principal, interest, and related expenses
required for such bonds and notes. Any  service  contract  entered  into
pursuant  to this section shall provide that the obligation of the state

S. 7505                            136                           A. 9505

to pay the amount therein provided shall not constitute a  debt  of  the
state  within  the  meaning of any constitutional or statutory provision
and shall be deemed executory only to the extent of monies available and
that  no  liability  shall  be  incurred  by the state beyond the monies
available for such purpose,  subject  to  annual  appropriation  by  the
legislature. Any such contract or any payments made or to be made there-
under  may  be  assigned  and pledged by the dormitory authority and the
urban development corporation as security for its bonds  and  notes,  as
authorized by this section.
  §  49.  Subdivision  (a)  of section 28 of part Y of chapter 61 of the
laws of 2005, relating to providing for the  administration  of  certain
funds  and  accounts  related  to  the  2005-2006  budget, as amended by
section 42-a of part XXX of chapter 59 of the laws of 2017,  is  amended
to read as follows:
  (a)  Subject  to the provisions of chapter 59 of the laws of 2000, but
notwithstanding any provisions of law  to  the  contrary,  one  or  more
authorized  issuers  as defined by section 68-a of the state finance law
are hereby authorized to issue bonds or notes in one or more  series  in
an  aggregate  principal amount not to exceed [$47,000,000] $67,000,000,
SIXTY-SEVEN MILLION DOLLARS excluding bonds issued  to  finance  one  or
more debt service reserve funds, to pay costs of issuance of such bonds,
and  bonds  or  notes  issued to refund or otherwise repay such bonds or
notes previously issued, for the purpose of financing  capital  projects
for  public  protection facilities in the Division of Military and Naval
Affairs, debt service and leases; and to  reimburse  the  state  general
fund  for  disbursements  made  therefor.  Such  bonds and notes of such
authorized issuer shall not be a debt of the state, and the state  shall
not  be liable thereon, nor shall they be payable out of any funds other
than those appropriated by the state to such authorized issuer for  debt
service  and  related expenses pursuant to any service contract executed
pursuant to subdivision (b) of this section and  such  bonds  and  notes
shall contain on the face thereof a statement to such effect. Except for
purposes  of  complying  with  the  internal  revenue code, any interest
income earned on bond proceeds shall only be used to pay debt service on
such bonds.
  § 50. Subdivision 1 of section 49 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 42-b of part XXX of chapter 59 of  the
laws of 2017, 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 state and municipal facilities program  and  other
state costs associated with such capital projects. The aggregate princi-
pal  amount  of  bonds  authorized to be issued pursuant to this section
shall not exceed one billion  nine  hundred  [twenty-five]  THIRTY-EIGHT
million  FIVE  HUNDRED  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

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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.
  §  51.  Subdivision 1 of section 51 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 42-c of part XXX of chapter 59 of the
laws of 2017, is amended to read as follows:
  1. Notwithstanding the provisions of any other law  to  the  contrary,
the dormitory authority and the urban development corporation are hereby
authorized to issue bonds or notes in one or more series for the purpose
of  funding  project  costs  for  the  nonprofit  infrastructure capital
investment program and other state costs associated  with  such  capital
projects.  The  aggregate  principal  amount  of  bonds authorized to be
issued pursuant to this section shall  not  exceed  one  hundred  twenty
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  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.
  § 52. Paragraph (b) of subdivision  4  of  section  72  of  the  state
finance  law,  as amended by section 43 of part XXX of chapter 59 of the
laws of 2017, 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 twenty.
  §  53.  The  opening  paragraph  of paragraph (a) and paragraph (g) of
subdivision 2 of section 56 of the state  finance  law,  as  amended  by
section 48 of part XXX of chapter 59 of the laws of 2017, are amended to
read as follows:
  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-

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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
two  of  section  fifty-seven of this article. Such certification 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
article.
  § 54. Subdivisions 1, 2 and 6 of section 57 of the state finance  law,
as  amended by section 49 of part XXX of chapter 59 of the laws of 2017,
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

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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
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 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

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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
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.
  § 55. Section 62 of the state finance law, as amended by section 51 of
part  XXX  of  chapter  59  of  the  laws of 2017, 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

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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
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.
  § 56. Section 65 of the state finance law, as amended by section 52 of
part XXX of chapter 59 of the laws  of  2017,  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, 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  comp-
troller  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

S. 7505                            142                           A. 9505

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
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.
  § 57. Subdivision 2 of section 365 of the public authorities  law,  as
amended  by section 54 of part XXX of chapter 59 of the laws of 2017, 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.
  § 58. Section 55 of chapter 59 of the laws of 2017 relating to provid-
ing  for the administration of certain funds and accounts related to the
2017-18 budget  and  authorizing  certain  payments  and  transfers,  is
amended to read as follows:
  §  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,] twenty-two,  twenty-two-e  and
twenty-two-f of this act shall expire March 31, 2018 when upon such date
the  provisions of such sections shall be deemed repealed; and provided,
further, that section twenty-two-c of this act shall  expire  March  31,
2021.
  §  59.  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]  TWO
HUNDRED  SEVENTY  million  dollars. Each college shall be eligible for a
grant award amount as determined by the calculations pursuant to  subdi-
vision  five of this section. In addition, such colleges shall be eligi-
ble to compete for additional funds pursuant to paragraph (h) of  subdi-
vision four of this section.

S. 7505                            143                           A. 9505

  (B)  The  dormitory authority shall not issue any bonds or notes in an
amount in excess of [240] TWO HUNDRED SEVENTY 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 previously 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.
  § 60. Subdivision 1 of section 1680-n of the public  authorities  law,
as  added  by section 46 of part T of chapter 57 of the laws of 2007, is
amended to read as follows:
  1. Notwithstanding the provisions of any other law  to  the  contrary,
the  authority  and the urban development corporation are hereby author-
ized to issue bonds or notes in one or more series for  the  purpose  of
funding  project  costs for the acquisition of state buildings and other
facilities. The aggregate principal amount of  bonds  authorized  to  be
issued  pursuant  to  this  section shall not exceed one hundred [forty]
SIXTY-FIVE 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 authority and the urban
development corporation shall not be a debt of the state, and the  state
shall  not be liable thereon, nor shall they be payable out of any funds
other than those appropriated by the state  to  the  authority  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.
  § 61. Subdivision 1 of section 386-a of the public authorities law, as
amended  by  section  46 of part I of chapter 60 of the laws of 2015, is
amended to read as follows:
  1. Notwithstanding any other provision of law  to  the  contrary,  the
authority, the dormitory authority and the urban development corporation
are  hereby authorized to issue bonds or notes in one or more series for
the purpose of assisting the metropolitan  transportation  authority  in
the  financing  of  transportation  facilities as defined in subdivision
seventeen of section twelve  hundred  sixty-one  of  this  chapter.  The
aggregate  principal amount of bonds authorized to be issued pursuant to
this section shall not exceed one billion [five]  SIX  hundred  [twenty]
NINETY-FOUR million dollars [($1,520,000,000)] $1,694,000,000, excluding
bonds  issued  to  fund  one  or more debt service reserve funds, to pay
costs of issuance of such bonds, and to refund or otherwise  repay  such
bonds or notes previously issued. Such bonds and notes of the authority,
the  dormitory authority and the urban development corporation shall not
be a debt of the state, and the state shall not be liable  thereon,  nor
shall  they be payable out of any funds other than those appropriated by
the state to the authority, the dormitory authority and the urban devel-
opment corporation for principal, interest, and related expenses  pursu-
ant  to a service contract and such bonds and notes shall contain on the
face thereof a statement to such effect. Except for purposes of  comply-
ing  with  the internal revenue code, any interest income earned on bond
proceeds shall only be used to pay debt service on such bonds.

S. 7505                            144                           A. 9505

  § 62. Subdivision 1 of section 1680-k of the public  authorities  law,
as added by section 5 of part J-1 of chapter 109 of the laws of 2006, is
amended to read as follows:
  1.  Subject to the provisions of chapter fifty-nine of the laws of two
thousand, but notwithstanding any provisions of law to the contrary, the
dormitory authority is hereby authorized to issue bonds or notes in  one
or  more  series  in  an  aggregate principal amount not to exceed forty
million SEVEN HUNDRED FIFTEEN THOUSAND dollars 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 the
construction of the New York state agriculture and markets food  labora-
tory. Eligible project costs may include, but not be limited to the cost
of design, financing, site investigations, site acquisition and prepara-
tion, demolition, construction, rehabilitation, acquisition of machinery
and  equipment, and infrastructure improvements. Such bonds and notes of
such authorized issuers 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  issuers
for  debt  service and related expenses pursuant to any service contract
executed pursuant to subdivision two of this section and such bonds  and
notes  shall  contain  on  the  face thereof a statement to such effect.
Except for purposes of complying with the  internal  revenue  code,  any
interest  income  earned on bond proceeds shall only be used to pay debt
service on such bonds.
  § 63. This act shall take effect immediately and shall  be  deemed  to
have been in full force and effect on and after April 1, 2018; provided,
however,  that  the  provisions of sections one, two, three, four, five,
six, seven, eight, twelve, thirteen, fourteen, sixteen, seventeen, eigh-
teen, nineteen, twenty, twenty-one,  twenty-two,  twenty-three,  twenty-
seven,  twenty-eight,  and twenty-eight-a of this act shall expire March
31, 2019 when upon such date the provisions of such  sections  shall  be
deemed repealed.
  § 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 GG 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. 7505--A                                            A. 9505--A

                      S E N A T E - A S S E M B L Y

                            January 18, 2018
                               ___________

IN  SENATE -- A BUDGET BILL, submitted by the Governor pursuant to arti-
  cle seven of the Constitution -- read twice and ordered  printed,  and
  when  printed to be committed to the Committee on Finance -- committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

IN ASSEMBLY -- A BUDGET BILL, submitted  by  the  Governor  pursuant  to
  article  seven  of  the  Constitution -- read once and referred to the
  Committee on Ways and Means --  committee  discharged,  bill  amended,
  ordered reprinted as amended and recommitted to said committee

AN  ACT to amend the criminal procedure law, in relation to a waiver and
  time limits for a speedy trial (Part A); to amend the  judiciary  law,
  in  relation to additional functions of the chief administrator of the
  courts (Part B); to amend the criminal procedure law, in  relation  to
  the  issuance  of securing orders and in relation to making conforming
  changes; and to amend the insurance law, in relation to the deposit of
  bail money by charitable bail organizations (Part  C);  to  amend  the
  criminal  procedure  law,  the  penal  law  and  the executive law, in
  relation to discovery reform and  intimidating  or  tampering  with  a
  victim  or  witness;  and to repeal certain provisions of the criminal
  procedure law relating thereto (Part D); to amend the  civil  practice
  law  and  rules,  in  relation  to the forfeiture of the proceeds of a
  crime, and reporting certain demographic data; to amend  the  criminal
  procedure  law  and  the  penal  law, in relation to reporting certain
  demographic data; and to repeal certain provisions of the civil  prac-
  tice law and rules relating thereto (Part E); to amend part H of chap-
  ter  503  of  the  laws  of 2009 relating to the disposition of monies
  recovered by county district attorneys before the filing of an accusa-
  tory instrument, in relation to the effectiveness thereof (Part F); to
  amend the correction law, in relation to eliminating reimbursements to
  counties for personal service expenses related to  the  transportation
  of  state  ready  inmates  (Part  G);  to amend the correction law, in
  relation to programmatic accomplishments for merit and limited  credit
  time  (Part  H);  to  repeal  subdivision  9  of  section  201  of the
  correction law, in relation to supervision fees (Part I); to authorize
  two  pilot  temporary  release  programs  for  certain  inmates  whose
  offenses  and  disciplinary  records  would  render  them  eligible to

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD12670-02-8

S. 7505--A                          2                         A. 9505--A

  receive a limited credit time allowance (Part J); to amend the banking
  law,  in  relation  to  licensing  considerations  for  check  cashers
  (Subpart  A);  to  amend the education law, in relation to eligibility
  for  serving  on  a New York city community district education council
  and city-wide council (Subpart B); to  amend  the  executive  law,  in
  relation  to licensing considerations for bingo suppliers (Subpart C);
  to amend the executive law, in relation  to  licensing  considerations
  for notary publics (Subpart D); to amend the general municipal law, in
  relation to licensing considerations for suppliers of games of chance,
  for games of chance licensees, for bingo licensees, and for lessors of
  premises  to  bingo licensees (Subpart E); to amend the insurance law,
  in relation to licensing considerations for insurer adjusters and  for
  employment  with insurance adjusters; and to repeal certain provisions
  of such law relating thereto (Subpart F); to amend the  real  property
  law,  in  relation to licensing considerations for real estate brokers
  or real estate salesmen (Subpart G); to amend the social services law,
  in relation  to  participation  as  employer  in  subsidized  employer
  programs  (Subpart  H);  and  to amend the vehicle and traffic law, in
  relation to eligibility for employment by a driver's  school  (Subpart
  I)(Part  K);  to  amend the executive law, in relation to allowing for
  geriatric parole (Part L); to  amend  the  tax  law,  in  relation  to
  suspending  the transfer of monies into the emergency services revolv-
  ing loan fund from the public safety communications account (Part  M);
  to  amend  the  executive law, in relation to administrative subpoenas
  (Part N); to amend the state finance law  and  the  military  law,  in
  relation  to establishing the armory rental account fund; and to amend
  chapter 152 of the laws of 2001 amending the military law relating  to
  military funds of the organized militia, in relation to the effective-
  ness  thereof  (Part  O);  to  amend  the  criminal  procedure law, in
  relation to eliminating the statute of limitations  for  any  sexually
  related offense committed against a child; to amend the general munic-
  ipal  law,  the court of claims act and the education law, in relation
  to removing the requirement of filing a notice of claim  for  a  claim
  for  injury suffered from a sexually related offense committed against
  a child; to amend the civil practice law and  rules,  in  relation  to
  extending the statute of limitations for civil cases for any claim for
  injury  suffered  from  a  sexually related offense against a child to
  fifty years; to amend the civil practice law and rules, in relation to
  reviving any time-barred claim for injury  suffered  from  a  sexually
  related  offense  committed  against a child for a period of one year;
  and to amend the civil practice law and rules, in relation  to  giving
  trial  preference  to  certain  child  sexual abuse cases (Part P); to
  amend the alcoholic beverage control law, in relation to hotel  tavern
  licenses  (Part  Q);  to  amend the alcoholic beverage control law, in
  relation to the production and sale of mead;  and  to  repeal  certain
  provisions  of  such law relating thereto (Part R); to amend the alco-
  holic beverage control law, in  relation  to  creating  a  license  to
  export  New York alcoholic beverages (Part S); to amend chapter 303 of
  the laws of 1988 relating to the extension of the state commission  on
  the  restoration  of  the  capitol,  in  relation  to  extending  such
  provisions for an additional five years (Part T); to amend the  public
  lands  law,  in relation to the transfer of unappropriated state lands
  (Part U); to amend the state finance law, in relation to  establishing
  the  parking  services  fund,  the  solid  waste fund, and the special
  events fund (Part V); to amend the civil service law, in  relation  to
  term  appointments  in  information  technology; and providing for the

S. 7505--A                          3                         A. 9505--A

  repeal of such provisions upon expiration thereof (Part W);  to  amend
  the  state finance law, in relation to establishing the New York state
  secure choice savings  program,  the  New  York  state  secure  choice
  savings  program fund and the New York state secure choice administra-
  tive fund (Part  X);  to  amend  the  workers'  compensation  law,  in
  relation  to  the  investment  of surplus funds of the state insurance
  fund (Part Y); to amend the civil service law, in relation to  capping
  the  standard  medicare  premium  charge  (Part Z); to amend the civil
  service law, in relation to reimbursement for medicare premium charges
  (Part AA); to amend the civil practice law and rules, in  relation  to
  the  rate  of  interest  (Part BB); to amend the state finance law, in
  relation to the citizen empowerment tax credit (Part CC); to amend the
  uniform justice court act, in relation to the election of one or  more
  town justices for two or more adjacent towns (Subpart A); and to amend
  the  general  municipal  law  and the statute of local governments, in
  relation to authorizing counties to regulate, administer, and  enforce
  planning,  zoning, and other land use regulations at the option of and
  in accordance with a request from a city, town,  or  village  (Subpart
  B)(Part  DD); to amend the general municipal law, in relation to coun-
  ty-wide shared services panels (Part EE); to amend the public authori-
  ties law, in relation to the town of Islip  resource  recovery  agency
  (Part  FF);  to  provide  for  the administration of certain funds and
  accounts  related  to  the  2018-19  budget  and  authorizing  certain
  payments and transfers; to amend the state finance law, in relation to
  the  school  tax  relief  fund, the debt reduction reserve fund and to
  payments, transfers and deposits; to amend the state finance  law,  in
  relation to reductions to enacted appropriations; 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  hous-
  ing program bonds and notes; to amend chapter 329 of the laws of 1991,
  amending  the  state finance law and other laws relating to the estab-
  lishment of the dedicated highway and bridge trust fund,  in  relation
  to  the  issuance  of  bonds;  to amend the public authorities law, in
  relation to the issuance of bonds 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 and increasing the bonding limit for certain state
  and  municipal  facilities;  to  amend chapter 81 of the laws of 2002,
  relating to providing for the  administration  of  certain  funds  and
  accounts  related  to  the 2002-2003 budget, in relation to increasing
  the aggregate amount of bonds to be issued by the New York state urban
  development corporation; to  amend  the  public  authorities  law,  in
  relation  to  financing  of  peace  bridge  and transportation capital

S. 7505--A                          4                         A. 9505--A

  projects; to amend the public authorities law, in relation to dormito-
  ries at certain educational institutions  other  than  state  operated
  institutions and statutory or contract colleges under the jurisdiction
  of  the  state  university  of  New  York; to amend the New York state
  medical care facilities finance agency act, in relation to  bonds  and
  mental health facilities improvement notes; to amend chapter 61 of the
  laws  of 2005, relating to providing for the administration of certain
  funds and accounts related to the 2005-2006  budget,  in  relation  to
  increasing the bonding limit for certain public protection facilities;
  to  amend  the  state  finance  law and the public authorities law, in
  relation to funding certain  capital  projects  and  the  issuance  of
  bonds;  to  amend chapter 59 of the laws of 2017 relating to providing
  for the administration of certain funds and accounts  related  to  the
  2017-18  budget  and  authorizing  certain  payments and transfers, in
  relation to the effectiveness thereof; 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 increasing the amount
  of  bonds authorized to be issued; to amend the facilities development
  corporation act, in relation to authorizing the issuance of  bonds  in
  relation  to  grants made to voluntary agencies; and providing for the
  repeal of certain provisions upon expiration  thereof  (Part  GG);  to
  amend  the  penal law, in relation to prohibiting a sexual orientation
  panic defense (Part HH); to amend the social services law, the  execu-
  tive  law, and the penal law, in relation to prohibiting sex offenders
  from being placed in shelters used by families with children and  from
  entering  within one thousand feet of a kindergarten or pre-kindergar-
  ten facility or institution (Part II); to  amend  the  penal  law,  in
  relationship  to  establishing  incapacity to consent when a person is
  under arrest, in detention, or otherwise in actual custody (Part  JJ);
  to  amend the correction law and the civil service law, in relation to
  employee safety and employee discipline for misconduct; and to  repeal
  certain  provisions  of the correction law relating to the appointment
  of correction and parole officers (Part KK); and to amend  the  public
  authorities law, in relation to authorizing the dormitory authority to
  construct and finance certain juvenile detention facilities (Part LL)

  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 2018-2019
state  fiscal  year.  Each  component  is wholly contained within a Part
identified as Parts A through LL. 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

S. 7505--A                          5                         A. 9505--A

  Section  1.  Section  30.30 of the criminal procedure law, as added by
chapter 184 of the laws of 1972,  paragraph  (a)  of  subdivision  3  as
amended  by chapter 93 of the laws of 2006, paragraph (a) of subdivision
4 as amended by chapter 558 of the laws of 1982, paragraph (c) of subdi-
vision 4 as amended by chapter 631 of the laws of 1996, paragraph (h) of
subdivision 4 as added by chapter 837 of the laws of 1986, paragraph (i)
of  subdivision 4 as added by chapter 446 of the laws of 1993, paragraph
(j) of subdivision 4 as added by chapter 222 of the laws of 1994,  para-
graph  (b)  of  subdivision  5  as amended by chapter 109 of the laws of
1982, paragraphs (e) and (f) of subdivision 5 as added by chapter 209 of
the laws of 1990, is amended to read as follows:
§ 30.30 Speedy trial; time limitations.
  1. Except as otherwise provided in subdivision [three]  FOUR  OF  THIS
SECTION,  a  motion made pursuant to paragraph (e) of subdivision one of
section 170.30 OF THIS CHAPTER or paragraph (g) of  subdivision  one  of
section  210.20 OF THIS CHAPTER must be granted where the people are not
ready for trial within:
  (a) six months of the commencement of  a  criminal  action  wherein  a
defendant is accused of one or more offenses, at least one of which is a
felony;
  (b)  ninety  days  of  the commencement of a criminal action wherein a
defendant is accused of one or more offenses, at least one of which is a
misdemeanor punishable by a sentence of imprisonment of more than  three
months and none of which is a felony;
  (c)  sixty  days  of the commencement of a criminal action wherein the
defendant is accused of one or more offenses, at least one of which is a
misdemeanor punishable by a sentence of imprisonment of  not  more  than
three  months  and  none of which is a crime punishable by a sentence of
imprisonment of more than three months;
  (d) thirty days of the commencement of a criminal action  wherein  the
defendant is accused of one or more offenses, at least one of which is a
violation and none of which is a crime.
  [2.  Except  as  provided  in subdivision three, where a defendant has
been committed to the custody of the sheriff in  a  criminal  action  he
must  be  released  on bail or on his own recognizance, upon such condi-
tions as may be just and reasonable, if the people  are  not  ready  for
trial in that criminal action within:
  (a) ninety days from the commencement of his commitment to the custody
of  the sheriff in a criminal action wherein the defendant is accused of
one or more offenses, at least one of which is a felony;
  (b) thirty days from the commencement of his commitment to the custody
of the sheriff in a criminal action wherein the defendant is accused  of
one  or more offenses, at least one of which is a misdemeanor punishable
by a sentence of imprisonment of more than  three  months  and  none  of
which is a felony;
  (c) fifteen days from the commencement of his commitment to the custo-
dy  of the sheriff in a criminal action wherein the defendant is accused
of one or more offenses, at least one of which is a misdemeanor punisha-
ble by a sentence of imprisonment of not more than three months and none
of which is a crime punishable by a sentence  of  imprisonment  of  more
than three months;
  (d)  five  days from the commencement of his commitment to the custody
of the sheriff in a criminal action wherein the defendant is accused  of
one  or  more offenses, at least one of which is a violation and none of
which is a crime.]

S. 7505--A                          6                         A. 9505--A

  2. THE DEFENDANT, SUBJECT TO THE PROVISIONS OF SUBDIVISIONS THREE  AND
FOUR  OF  THIS  SECTION,  MAY  WAIVE  HIS OR HER RIGHT TO A SPEEDY TRIAL
PURSUANT TO THIS SECTION AT ANY TIME PRIOR TO TRIAL.
  2-A.  SUCH WAIVER MUST BE IN WRITING WITH THE CONSENT OF THE DEFENDANT
PERSONALLY AND SIGNED BY THE DEFENDANT. IF THE DEFENDANT IS  BEING  HELD
IN  CUSTODY FOR ANY REASON AT THE TIME HE OR SHE MAKES A WAIVER PURSUANT
TO THIS SECTION, THE WAIVER SHALL BE MADE IN PERSON, IN OPEN  COURT,  IN
THE  PRESENCE OF THE COURT, AND WITH THE APPROVAL OF THE COURT. IN EVERY
CASE, SUCH WRITTEN WAIVER MUST MAKE REFERENCE TO A SPECIFIC  MATTER  FOR
WHICH THE DEFENDANT IS CHARGED.
  2-B.  THE WAIVER PERIOD, EXCEPT FOR EXCEPTIONAL CIRCUMSTANCES APPROVED
BY THE COURT OR FOR DEFENDANTS ENGAGED IN A JUDICIAL  DIVERSION  PROGRAM
FOR  CERTAIN FELONY OFFENDERS PURSUANT TO ARTICLE TWO HUNDRED SIXTEEN OF
THIS CHAPTER, SHALL NOT EXCEED:
  (A) THREE MONTHS WHERE A DEFENDANT IS ACCUSED OF ONE OR MORE OFFENSES,
AT LEAST ONE OF WHICH IS A FELONY;
  (B) FORTY-FIVE DAYS WHERE A  DEFENDANT  IS  ACCUSED  OF  ONE  OR  MORE
OFFENSES,  AT  LEAST  ONE  OF  WHICH  IS  A  MISDEMEANOR PUNISHABLE BY A
SENTENCE OF IMPRISONMENT OF MORE THAN THREE MONTHS AND NONE OF WHICH  IS
A FELONY;
  (C)  THIRTY  DAYS  WHERE  THE  DEFENDANT  IS  ACCUSED  OF  ONE OR MORE
OFFENSES, AT LEAST ONE  OF  WHICH  IS  A  MISDEMEANOR  PUNISHABLE  BY  A
SENTENCE OF IMPRISONMENT OF NOT MORE THAN THREE MONTHS AND NONE OF WHICH
IS  A  CRIME PUNISHABLE BY A SENTENCE OF IMPRISONMENT OF MORE THAN THREE
MONTHS; OR
  (D) FIFTEEN DAYS WHERE  THE  DEFENDANT  IS  ACCUSED  OF  ONE  OR  MORE
OFFENSES,  AT  LEAST  ONE OF WHICH IS A VIOLATION AND NONE OF WHICH IS A
CRIME.
  2-C. ABSENT EXTRAORDINARY CIRCUMSTANCES, NO MORE THAT TWO WAIVERS  MAY
BE  EXECUTED  PURSUANT  TO  THIS SECTION FOR A SINGLE CASE. IF THE COURT
FINDS EXTRAORDINARY  CIRCUMSTANCES  WARRANTING  MORE  THAN  TWO  WAIVERS
PURSUANT  TO  THIS  SECTION,  THE  COURT  MUST STATE UPON THE RECORD THE
EXTRAORDINARY CIRCUMSTANCES BEFORE GRANTING ADDITIONAL WAIVERS  PURSUANT
TO THIS SECTION.
  2-D. A WAIVER EXECUTED PURSUANT TO THIS SECTION SHALL NOT PRECLUDE THE
COURT  FROM  EXCLUDING THE PERIODS DESCRIBED IN SUBDIVISION FOUR OF THIS
SECTION WHEN COMPUTING THE TIME WITHIN WHICH THE PEOPLE  MUST  BE  READY
FOR TRIAL.
  3.  WHENEVER PURSUANT TO THIS SECTION A PROSECUTOR STATES OR OTHERWISE
PROVIDES NOTICE THAT THE PEOPLE ARE READY FOR TRIAL, THE COURT MAY  MAKE
INQUIRY ON THE RECORD AS TO THEIR ACTUAL READINESS. IF, AFTER CONDUCTING
ITS  INQUIRY,  THE  COURT  DETERMINES  THAT  THE PEOPLE ARE NOT READY TO
PROCEED TO TRIAL, THE PROSECUTOR'S  STATEMENT  OR  NOTICE  OF  READINESS
SHALL NOT BE VALID FOR PURPOSES OF THIS SECTION.
  4. (a) [Subdivisions] SUBDIVISION one [and two do] DOES not apply to a
criminal  action  wherein the defendant is accused of an offense defined
in sections 125.10, 125.15, 125.20, 125.25, 125.26  and  125.27  of  the
penal law.
  (b)  A motion made pursuant to [subdivisions] SUBDIVISION one [or two]
OF THIS SECTION upon expiration of the specified period  may  be  denied
where  the  people  are not ready for trial if the people were ready for
trial prior to the expiration of the specified period and their  present
unreadiness  is due to some exceptional fact or circumstance, including,
but not limited to, the sudden unavailability of  evidence  material  to
the  people's  case,  when the district attorney has exercised due dili-

S. 7505--A                          7                         A. 9505--A

gence to obtain such  evidence  and  there  are  reasonable  grounds  to
believe that such evidence will become available in a reasonable period.
  [(c) A motion made pursuant to subdivision two shall not:
  (i)  apply  to any defendant who is serving a term of imprisonment for
another offense;
  (ii) require the release from custody of any  defendant  who  is  also
being  held  in  custody  pending trial of another criminal charge as to
which the applicable period has not yet elapsed;
  (iii) prevent the redetention of or otherwise apply to  any  defendant
who,  after  being  released  from  custody  pursuant to this section or
otherwise, is charged with another crime or violates the  conditions  on
which  he has been released, by failing to appear at a judicial proceed-
ing at which his presence is required or otherwise.]
  (C) ANY MOTION MADE PURSUANT TO SUBDIVISION ONE OF THIS  SECTION  MUST
BE  FILED AT LEAST TWENTY DAYS BEFORE COMMENCEMENT OF THE TRIAL, BUT FOR
GOOD CAUSE MAY BE MADE THEREAFTER. THE MOTION PAPERS MUST INCLUDE  SWORN
ALLEGATIONS  OF  FACT SPECIFYING THE TIME PERIODS THAT SHOULD BE CHARGED
AGAINST THE PEOPLE AND THE LEGAL BASIS TO CHARGE THOSE TIME  PERIODS  TO
THE PEOPLE. THE COURT MAY SUMMARILY DENY THE MOTION IF THE MOTION PAPERS
DO  NOT  CONTAIN  SWORN ALLEGATIONS OF FACT OR THE LEGAL BASIS TO CHARGE
THOSE TIME PERIODS TO THE PEOPLE. THE COURT MAY RESERVE DECISION ON  ANY
MOTION MADE PURSUANT TO SUBDIVISION.
  [4.]  5.  In  computing the time within which the people must be ready
for trial pursuant to subdivisions one and  two  OF  THIS  SECTION,  the
following periods must be excluded:
  (a)  a  reasonable  period  of  delay resulting from other proceedings
concerning the defendant, including but not limited to: proceedings  for
the determination of competency and the period during which defendant is
incompetent  to  stand  trial;  demand to produce; request for a bill of
particulars; pre-trial motions; appeals; trial of other charges; and the
period during which such matters are under consideration by  the  court;
or
  (b)  the  period  of delay resulting from a continuance granted by the
court at the request of, or with the consent of, the defendant or his OR
HER counsel. The court [must] MAY grant such a continuance only if it is
satisfied that postponement is in the interest of justice,  taking  into
account  the  public  interest  in  the  prompt dispositions of criminal
charges. A  defendant  without  counsel  must  not  be  deemed  to  have
consented  to  a  continuance  unless  he OR SHE has been advised by the
court of his OR HER rights under these rules and the effect  of  his  OR
HER  consent,  WHICH  MUST  BE  DONE  ON THE RECORD IN OPEN COURT IF THE
DEFENDANT IS IN CUSTODY; or
  (c) (i) the period of delay resulting from the absence or unavailabil-
ity of the defendant. A defendant must be considered absent whenever his
OR HER location is unknown and he OR SHE is attempting to  avoid  appre-
hension  or  prosecution, or his OR HER location cannot be determined by
due diligence. A defendant must be considered unavailable  whenever  his
OR  HER  location  is  known but his OR HER presence for trial cannot be
obtained by due diligence; or
  (ii) where the defendant has either escaped from custody or has failed
to appear when required after having previously been released on bail or
on his OR HER own recognizance, and provided the  defendant  is  not  in
custody  on  another matter, the period extending from the day the court
issues a bench warrant  pursuant  to  section  530.70  OF  THIS  CHAPTER
because  of the defendant's failure to appear in court when required, to

S. 7505--A                          8                         A. 9505--A

the day the defendant subsequently appears in the court  pursuant  to  a
bench warrant or voluntarily or otherwise; or
  (d)  a  reasonable  period  of  delay when the defendant is joined for
trial with a co-defendant as to whom the time for trial pursuant to this
section has not run and good cause is not shown for  granting  a  sever-
ance; or
  (e)  the  period of delay resulting from detention of the defendant in
another jurisdiction provided the district attorney  is  aware  of  such
detention  and  has  been  diligent  and  has made reasonable efforts to
obtain the presence of the defendant for trial; or
  (f) the period during which the defendant is without  counsel  through
no fault of the court; except when the defendant is proceeding as his OR
HER own attorney with the permission of the court; or
  (g)  other  periods  of delay occasioned by exceptional circumstances,
including but not limited to, the  period  of  delay  resulting  from  a
continuance  granted  at  the request of a district attorney if: (i) the
continuance is granted because of the unavailability of evidence materi-
al to the people's case, when the district attorney  has  exercised  due
diligence  to  obtain  such evidence and there are reasonable grounds to
believe that such evidence will become available in a reasonable period;
or (ii) the continuance is granted to allow the district attorney  addi-
tional  time  to prepare the people's case and additional time is justi-
fied by the exceptional circumstances of the case.  ANY  SUCH  EXCLUSION
WHEN  A  STATEMENT  OF UNREADINESS HAS FOLLOWED A STATEMENT OF READINESS
MADE BY THE PEOPLE MUST BE ACCOMPANIED BY SUPPORTING FACTS AND  APPROVED
BY  THE  COURT.  THE COURT SHALL INQUIRE ON THE RECORD AS TO THE REASONS
FOR THE PEOPLE'S UNREADINESS; OR
  (h) the period during which an action has been  adjourned  in  contem-
plation  of  dismissal pursuant to sections 170.55, 170.56 and 215.10 of
this chapter[.]; OR
  (i) [The] THE period prior to the defendant's  actual  appearance  for
arraignment  in  a situation in which the defendant has been directed to
appear by the district attorney pursuant to subdivision three of section
120.20 or subdivision three of section 210.10[.] OF THIS CHAPTER; OR
  (j) the period during which a family offense is before a family  court
until  such  time  as  an  accusatory  instrument or indictment is filed
against the defendant alleging a crime constituting a family offense, as
such term is defined in section 530.11 of this chapter.
  [5.] 6. For purposes of this section, (a) where the defendant is to be
tried following the withdrawal of the plea of guilty or is to be retried
following a mistrial, an order for a new trial or an appeal  or  collat-
eral  attack,  the  criminal action and the commitment to the custody of
the sheriff, if any, must be deemed to have commenced on  the  date  the
withdrawal  of  the  plea  of guilty or the date the order occasioning a
retrial becomes final;
  (b) where a defendant has been served with an appearance  ticket,  the
criminal action must be deemed to have commenced on the date the defend-
ant first appears in a local criminal court in response to the ticket;
  (c)  where  a  criminal  action is commenced by the filing of a felony
complaint, and thereafter, in the course of  the  same  criminal  action
either the felony complaint is replaced with or converted to an informa-
tion,  prosecutor's  information  or  misdemeanor  complaint pursuant to
article 180 or a prosecutor's information is filed pursuant  to  section
190.70,  the  period applicable for the purposes of subdivision one must
be the period applicable to the charges in the  new  accusatory  instru-
ment,  calculated  from  the  date  of the filing of such new accusatory

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instrument; provided, however, that when the aggregate  of  such  period
and  the  period  of time, excluding the periods provided in subdivision
four, already elapsed  from  the  date  of  the  filing  of  the  felony
complaint  to  the  date  of the filing of the new accusatory instrument
exceeds six months, the period applicable to the charges in  the  felony
complaint  must  remain applicable and continue as if the new accusatory
instrument had not been filed;
  (d) where a criminal action is commenced by the  filing  of  a  felony
complaint,  and  thereafter,  in  the course of the same criminal action
either the felony complaint is replaced with or converted to an informa-
tion, prosecutor's information  or  misdemeanor  complaint  pursuant  to
article  180  or a prosecutor's information is filed pursuant to section
190.70, the period applicable for the purposes of subdivision  two  must
be  the  period  applicable to the charges in the new accusatory instru-
ment, calculated from the date of the  filing  of  such  new  accusatory
instrument;  provided,  however,  that when the aggregate of such period
and the period of time, excluding the periods  provided  in  subdivision
four,  already  elapsed  from  the  date  of  the  filing  of the felony
complaint to the date of the filing of  the  new  accusatory  instrument
exceeds  ninety days, the period applicable to the charges in the felony
complaint must remain applicable and continue as if the  new  accusatory
instrument had not been filed.
  (e)  where a count of an indictment is reduced to charge only a misde-
meanor or petty offense and  a  reduced  indictment  or  a  prosecutor's
information  is  filed pursuant to subdivisions one-a and six of section
210.20, the period applicable for the purposes  of  subdivision  one  of
this  section  must  be  the period applicable to the charges in the new
accusatory instrument, calculated from the date of the  filing  of  such
new accusatory instrument; provided, however, that when the aggregate of
such  period  and  the period of time, excluding the periods provided in
subdivision four of this section, already elapsed from the date  of  the
filing of the indictment to the date of the filing of the new accusatory
instrument  exceeds  six months, the period applicable to the charges in
the indictment must remain applicable and continue as if the new accusa-
tory instrument had not been filed;
  (f) where a count of an indictment is reduced to charge only a  misde-
meanor  or  petty  offense  and  a  reduced indictment or a prosecutor's
information is filed pursuant to subdivisions one-a and six  of  section
210.20,  the  period  applicable  for the purposes of subdivision two of
this section must be the period applicable to the  charges  in  the  new
accusatory  instrument,  calculated  from the date of the filing of such
new accusatory instrument; provided, however, that when the aggregate of
such period and the period of time, excluding the  periods  provided  in
subdivision  four  of this section, already elapsed from the date of the
filing of the indictment to the date of the filing of the new accusatory
instrument exceeds ninety days, the period applicable to the charges  in
the indictment must remain applicable and continue as if the new accusa-
tory instrument had not been filed.
  [6.]  7.  The  procedural rules prescribed in subdivisions one through
seven of section 210.45 OF THIS CHAPTER with  respect  to  a  motion  to
dismiss  an  indictment are also applicable to a motion made pursuant to
subdivision two OF THIS SECTION.
  § 2. Subdivision 6 of section 180.85 of the criminal procedure law, as
added by chapter 518 of the laws of 2004, is amended to read as follows:
  6. The period from the filing of a motion  pursuant  to  this  section
until entry of an order disposing of such motion shall not, by reason of

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such motion, be considered a period of delay for purposes of subdivision
[four]  FIVE of section 30.30 OF THIS CHAPTER, nor shall such period, by
reason of such motion, be excluded in computing the  time  within  which
the people must be ready for trial pursuant to such section 30.30.
  § 3. This act shall take effect on the one hundred eightieth day after
it shall have become a law.

                                 PART B

  Section  1.  Subdivision  2  of  section  212  of the judiciary law is
amended by adding a new paragraph (w) to read as follows:
  (W) (I) ENSURE THAT EACH STATE-PAID JUDGE OR  JUSTICE  ASSIGNED  TO  A
TRIAL  COURT  OF  THE  UNIFIED  COURT SYSTEM SHALL CERTIFY MONTHLY, IN A
STATEMENT ATTESTING TO THE TRUTH OF THE  FACTS  THEREIN,  THAT  ON  EACH
WORKDAY  OF  THE PRECEDING MONTH, HE OR SHE PERFORMED JUDICIAL DUTIES AT
AN ASSIGNED COURT LOCATION FOR THE FULL DAILY PERIOD OF AT  LEAST  EIGHT
HOURS  ESTABLISHED  BY  THE  CHIEF  ADMINISTRATOR FOR THE DISPOSITION OF
COURT BUSINESS, OR PERFORMED AUTHORIZED DUTIES IN AN  AUTHORIZED  COURT-
RELATED ACTIVITY AT AN ASSIGNED LOCATION, OR WAS ON AUTHORIZED LEAVE.
  (II)  THE  COMPTROLLER  SHALL  CONDUCT  A PERIODIC REVIEW AND AUDIT OF
SUBMITTED JUDICIAL CERTIFICATIONS IN ORDER TO ENSURE THAT THE  STATE  IS
RESPONSIBLY  AUTHORIZING  STATE  DOLLARS  FOR  JUDICIAL SALARIES AND THE
OPERATION OF STATE TRIAL COURTS.  THE  COMPTROLLER'S  REVIEW  AND  AUDIT
SHALL  EVALUATE  THE  ACCURACY  OF  THE  JUDICIAL CERTIFICATIONS AND THE
EFFECTIVENESS OF THE CERTIFICATION SYSTEM AS A WHOLE.
  § 2. This act shall take effect immediately.

                                 PART C

  Section 1. Legislative findings. The legislature  finds  and  declares
that  there is a present need to revise New York's procedures regulating
release of persons charged with criminal  offenses  pending  trial,  set
forth  in title P of the criminal procedure law, so that fewer presumed-
innocent people are held behind bars pretrial. The bill breaks the  link
between paying money and earning freedom in cases involving misdemeanors
and  non-violent  felonies,  so  that  defendants are either released on
their own recognizance or, failing  that,  released  under  non-monetary
conditions.  The  bill  also  revises  the existing process of remanding
individuals in jail before trial, so that pretrial detention is used  in
limited  cases  involving  high  risk of flight or a current risk to the
physical safety of a reasonably  identifiable  person  or  persons,  and
comports with Supreme Court jurisprudence regarding required substantive
and procedural due process before detention.
  §  2.  Subdivisions 1, 2, 4, 5, 6, 7, 8 and 9 of section 500.10 of the
criminal procedure law are amended and a new subdivision 3-a is added to
read as follows:
  1. "Principal" means a defendant in a criminal action  or  proceeding,
or  a person adjudged a material witness therein, or any other person so
involved therein that [he] THE PRINCIPAL may  by  law  be  compelled  to
appear  before  a  court  for  the purpose of having such court exercise
control over [his] THE PRINCIPAL'S person to secure  [his]  THE  PRINCI-
PAL'S  future  attendance at the action or proceeding when required, and
who in fact either is before the court for  such  purpose  or  has  been
before it and been subjected to such control.
  2.  "Release  on  own  recognizance."  A court releases a principal on
[his] THE PRINCIPAL'S own recognizance  when,  having  acquired  control

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over  [his] THE PRINCIPAL'S person, it permits [him] THE PRINCIPAL to be
at liberty during the pendency of  the  criminal  action  or  proceeding
involved  upon  condition  that  [he]  THE PRINCIPAL will appear thereat
whenever  [his]  THE  PRINCIPAL'S attendance may be required and will at
all times render [himself] THE PRINCIPAL  amenable  to  the  orders  and
processes of the court.
  3-A. "RELEASE UNDER NON-MONETARY CONDITIONS". A COURT RELEASES A PRIN-
CIPAL UNDER NON-MONETARY CONDITIONS WHEN, HAVING ACQUIRED CONTROL OVER A
PERSON,  IT  PERMITS  THE PERSON TO BE AT LIBERTY DURING THE PENDENCY OF
THE CRIMINAL ACTION UNDER CONDITIONS SET BY THE COURT,  WHICH  SHALL  BE
THE  LEAST  RESTRICTIVE  THAT  WILL  REASONABLY  ASSURE  THE PRINCIPAL'S
APPEARANCE IN COURT. SUCH CONDITIONS MAY INCLUDE, AMONG OTHERS, THAT THE
PRINCIPAL SHALL BE IN CONTACT WITH A PRETRIAL  SERVICES  AGENCY  SERVING
PRINCIPALS  IN  THAT COUNTY; THAT THE PRINCIPAL SHALL ABIDE BY SPECIFIED
RESTRICTIONS ON ASSOCIATION OR TRAVEL; THAT THE PRINCIPAL SHALL  REFRAIN
FROM POSSESSING A FIREARM, DESTRUCTIVE DEVICE OR OTHER DANGEROUS WEAPON;
THAT  THE  PERSON  BE  PLACED  IN  PRETRIAL  SUPERVISION WITH A PRETRIAL
SERVICES AGENCY SERVING PRINCIPALS IN THAT COUNTY; THAT  THE  PERSON  BE
MONITORED WITH AN APPROVED ELECTRONIC MONITORING DEVICE.
  4. "Commit to the custody of the sheriff." A court commits a principal
to  the  custody  of  the sheriff when, having acquired control over his
person, it orders that he be confined in  the  custody  of  the  sheriff
[during  the  pendency  of  the  criminal action or proceeding involved]
PENDING PAYMENT OF BAIL THAT IS FIXED, OR PENDING THE OUTCOME OF A HEAR-
ING AS  TO  WHETHER  THE  INDIVIDUAL  SHALL  BE  ORDERED  INTO  PRETRIAL
DETENTION.
  5.  "Securing order" means an order of a court [committing a principal
to the custody of the sheriff, or fixing bail, or releasing him  on  his
own recognizance] THAT EITHER RELEASES A PRINCIPAL UNDER PERSONAL RECOG-
NIZANCE,  RELEASES THE PRINCIPAL UNDER NON-MONETARY CONDITIONS, OR FIXES
BAIL, ALL WITH THE DIRECTION THAT THE  PRINCIPAL  RETURN  TO  COURT  FOR
FUTURE  COURT APPEARANCES AND TO BE AT ALL TIMES AMENDABLE TO THE ORDERS
AND PROCESSES OF THE COURT.
  6. ["Order of recognizance or bail" means a securing order releasing a
principal on his own recognizance or fixing bail] "PRETRIAL  DETENTION".
A COURT MAY COMMIT A PRINCIPAL TO PRETRIAL DETENTION IF, AFTER A HEARING
AND MAKING SUCH FINDINGS AS SPECIFIED IN ARTICLE FIVE HUNDRED FORTY-FIVE
OF THIS TITLE, A JUDGE SO ORDERS DETENTION.
  7.  ["Application  for recognizance or bail" means an application by a
principal that the court, instead of committing him to or retaining  him
in  the  custody  of the sheriff, either release him on his own recogni-
zance or fix bail.
  8.] "Post bail" means to deposit bail in the amount and form fixed  by
the  court,  with the court or with some other authorized public servant
or agency.
  [9.] 8. "Bail" means cash bail [or], a bail bond OR MONEY PAID WITH  A
CREDIT CARD.
  § 3. Section 510.10 of the criminal procedure law, as amended by chap-
ter 459 of the laws of 1984, is amended to read as follows:
§ 510.10 Securing order; when required; ALTERNATIVES AVAILABLE; STANDARD
           TO BE APPLIED.
  When  a  principal, whose future court attendance at a criminal action
or proceeding is or may be required, initially comes under  the  control
of  a  court,  such  court  [must]  SHALL,  by a securing order[, either
release him on his own recognizance, fix  bail  or  commit  him  to  the
custody of the sheriff.]:

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  1.  IN CASES WHERE THE MOST SERIOUS CHARGE FACING THE DEFENDANT IN THE
CASE BEFORE THE COURT OR A PENDING CASE IS A  MISDEMEANOR  OR  A  FELONY
OTHER  THAN THAT ENUMERATED IN SECTION 70.02 OF THE PENAL LAW OR A CLASS
A FELONY OFFENSE DEFINED IN THE PENAL LAW, RELEASE THE PRINCIPAL PENDING
TRIAL  ON  THE PRINCIPAL'S PERSONAL RECOGNIZANCE, UNLESS THE COURT FINDS
ON THE RECORD THAT RELEASE ON RECOGNIZANCE WILL  NOT  REASONABLY  ASSURE
THE  INDIVIDUAL'S  COURT  ATTENDANCE.  IN SUCH INSTANCES, THE COURT WILL
RELEASE THE INDIVIDUAL  UNDER  NON-MONETARY  CONDITIONS,  SELECTING  THE
LEAST  RESTRICTIVE  ALTERNATIVE  THAT WILL REASONABLY ASSURE THE PRINCI-
PAL'S COURT ATTENDANCE.  THE COURT WILL SUPPORT ITS CHOICE  OF  ALTERNA-
TIVE  ON  THE  RECORD.  A PRINCIPAL SHALL NOT BE REQUIRED TO PAY FOR ANY
PART OF THE COST OF RELEASE UNDER NON-MONETARY CONDITIONS, EXCEPT THAT A
PRINCIPAL MAY BE REQUIRED TO PAY FOR ALL OR A PORTION  OF  THE  COST  OF
ELECTRONIC  MONITORING  UNLESS  THE PRINCIPAL IS INDIGENT AND CANNOT PAY
ALL OR A PORTION OF THE COST OF SUCH MONITORING;
  2. IN CASES WHERE THE MOST SERIOUS CHARGE FACING THE DEFENDANT IN  THE
CASE  BEFORE  THE  COURT  OR  A  PENDING  CASE IS A FELONY ENUMERATED IN
SECTION 70.02 OF THE PENAL LAW OR A CLASS A FELONY  OFFENSE  DEFINED  IN
THE  PENAL  LAW,  RELEASE THE PRINCIPAL PENDING TRIAL ON THE PRINCIPAL'S
PERSONAL RECOGNIZANCE,  OR  RELEASE  THE  PRINCIPAL  UNDER  NON-MONETARY
CONDITIONS,  OR  FIX  BAIL,  SELECTING THE LEAST RESTRICTIVE ALTERNATIVE
THAT WILL  REASONABLY  ASSURE  THE  PRINCIPAL'S  COURT  APPEARANCE  WHEN
REQUIRED.  THE  COURT  WILL  SUPPORT  ITS  CHOICE  OF ALTERNATIVE ON THE
RECORD.
  3. NOTWITHSTANDING THE ABOVE, IN CASES WHERE THE PROSECUTOR  INDICATES
THAT  IT  INTENDS  TO  MOVE FOR PRETRIAL DETENTION AS SET OUT IN ARTICLE
FIVE HUNDRED FORTY-FIVE OF  THIS  TITLE,  THE  COURT  SHALL  COMMIT  THE
DEFENDANT TO THE CUSTODY OF THE SHERIFF.
  4.  When  a  securing  order is revoked or otherwise terminated in the
course of an uncompleted action or proceeding but the principal's future
court attendance still is or may be required and [he] THE  PRINCIPAL  is
still under the control of a court, a new securing order must be issued.
When  the  court  revokes or otherwise terminates a securing order which
committed the principal to the custody of the sheriff, the  court  shall
give  written  notification  to the sheriff of such revocation or termi-
nation of the securing order.
  § 4. Section 510.20 of the criminal procedure law is amended  to  read
as follows:
§ 510.20 [Application for recognizance or bail; making and determination
             thereof  in  general]  APPLICATION FOR A CHANGE IN SECURING
             ORDER BASED ON A MATERIAL CHANGE OF CIRCUMSTANCES.
  1.  Upon any occasion when a court [is required to issue] HAS ISSUED a
securing order with respect to a principal, [or at any time when a prin-
cipal is confined in the custody of the sheriff as a result of a  previ-
ously issued securing order, he] THE DEFENDANT OR THE PEOPLE may make an
application for [recognizance or bail] A DIFFERENT SECURING ORDER DUE TO
A MATERIAL CHANGE OF CIRCUMSTANCES:
  (A)  IN CASES FOR WHICH THE MOST SERIOUS CHARGE BEFORE THE COURT OR IN
A PENDING CASE IS A MISDEMEANOR OR FELONY OTHER THAN THAT ENUMERATED  IN
SECTION  70.02  OF  THE PENAL LAW OR A CLASS A FELONY OFFENSE DEFINED IN
THE PENAL LAW FOR A DIFFERENT NON-MONETARY SECURING ORDER; OR
  (B) IN CASES FOR WHICH THE MOST SERIOUS CHARGE IS A FELONY  ENUMERATED
IN SECTION 70.02 OF THE PENAL LAW OR A CLASS A FELONY OFFENSE DEFINED IN
THE PENAL LAW FOR A DIFFERENT SECURING ORDER.
  2.    Upon  such  application,  the  principal  OR  THE PEOPLE must be
accorded an opportunity to be heard and to contend  that  [an  order  of

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recognizance  or bail] A DIFFERENT SECURING ORDER must or should issue[,
that the court should release him on his own  recognizance  rather  than
fix  bail,  and that if bail is fixed it should be in a suggested amount
and  form]  BECAUSE,  DUE  TO  A  MATERIAL  CHANGE IN CIRCUMSTANCES, THE
CURRENT ORDER IS EITHER TOO RESTRICTIVE OR  NOT  RESTRICTIVE  ENOUGH  TO
REASONABLY ENSURE A DEFENDANT'S APPEARANCE IN COURT.
  §  5.  The  criminal  procedure law is amended by adding a new section
510.25 to read as follows:
§ 510.25 REHEARING ON BAIL AFTER FIVE DAYS  IN  CUSTODY  AFTER  BAIL  IS
           FIXED.
  IN ADDITION TO ANY OTHER AVAILABLE MOTION OR PROCEDURE AVAILABLE UNDER
THIS  PART,  A  PRINCIPAL  FOR  WHOM  BAIL WAS FIXED AND WHO IS STILL IN
CUSTODY FIVE DAYS AFTER BAIL WAS FIXED SHALL BE BROUGHT BEFORE THE COURT
THE NEXT BUSINESS DAY FOR A REHEARING ON THE SECURING ORDER.  THE  COURT
SHALL  EXAMINE  THE  PRINCIPAL'S FINANCIAL CIRCUMSTANCES AND ORDER A NEW
SECURING ORDER.  IF THE COURT CHOOSES TO FIX BAIL, IT SHALL DO SO AT  AN
AMOUNT  THAT  WILL  BOTH REASONABLY ASSURE THE DEFENDANT'S APPEARANCE IN
COURT AND THAT THE DEFENDANT IS REASONABLY ABLE TO PAY.
  § 6. Section 510.30 of the criminal procedure law, subparagraph (v) of
paragraph (a) of subdivision 2 as amended by chapter 920 of the laws  of
1982,  subparagraph (vi) of paragraph (a) of subdivision 2 as renumbered
by chapter 447 of the laws of 1977, subparagraph (vii) of paragraph  (a)
of subdivision 2 as added and subparagraphs (viii) and (ix) of paragraph
(a) of subdivision 2 as renumbered by section 1 of part D of chapter 491
of  the  laws  of 2012, and subdivision 3 as added by chapter 788 of the
laws of 1981, is amended to read as follows:
§ 510.30 Application for [recognizance or bail] SECURING ORDER; rules of
             law and criteria controlling determination.
  [1. Determinations of applications for recognizance or bail are not in
all cases discretionary but are subject to rules, prescribed in  article
five  hundred  thirty  and  other provisions of law relating to specific
kinds of criminal actions and proceedings, providing (a)  that  in  some
circumstances  such  an  application must as a matter of law be granted,
(b) that in others it must as a matter of law be denied and the  princi-
pal committed to or retained in the custody of the sheriff, and (c) that
in  others  the  granting  or  denial  thereof  is  a matter of judicial
discretion.
  2. To the extent that the issuance of an order of recognizance or bail
and the terms thereof are matters of discretion rather than of  law,  an
application  is  determined  on  the  basis of the following factors and
criteria:
  (a)] With respect to any principal,  the  court  must  [consider  the]
IMPOSE  THE  LEAST RESTRICTIVE kind and degree of control or restriction
that is necessary to secure [his] THE PRINCIPAL'S court attendance  when
required.  In  determining  that matter, the court must, on the basis of
available information, consider and take into account:
  [(i) The principal's character, reputation, habits and  mental  condi-
tion;
  (ii) His employment and financial resources; and
  (iii)  His  family  ties and the length of his residence if any in the
community; and
  (iv) His] 1. INFORMATION ABOUT THE PRINCIPAL THAT IS RELEVANT TO COURT
APPEARANCE, INCLUDING, BUT NOT LIMITED TO, THE  PRINCIPAL'S  ACTIVITIES,
HISTORY AND COMMUNITY TIES;
  2. IF THE PRINCIPAL IS A DEFENDANT, THE CHARGES FACING THE PRINCIPAL;
  3. THE PRINCIPAL'S criminal record if any; [and

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  (v)]  4. His record of previous adjudication as a juvenile delinquent,
as retained pursuant to section 354.2 of the family court  act,  or,  of
pending  cases where fingerprints are retained pursuant to section 306.1
of such act, or a youthful offender, if any; [and
  (vi)  His]  5. THE PRINCIPAL'S previous record if any in responding to
court appearances when required or with respect to flight to avoid crim-
inal prosecution; [and
  (vii)] 6. IF MONETARY BAIL IS PERMITTED, ACCORDING TO THE RESTRICTIONS
SET FORTH IN SECTION 510.10 OF THIS  TITLE,  THE  PRINCIPAL'S  FINANCIAL
CIRCUMSTANCES;
  7.  Where  the  principal  is charged with a crime or crimes against a
member or members of the same  family  or  household  as  that  term  is
defined  in subdivision one of section 530.11 of this title, the follow-
ing factors:
  [(A)] (I) any violation by the principal of  an  order  of  protection
issued  by  any  court  for the protection of a member or members of the
same family or household as that term is defined in subdivision  one  of
section 530.11 of this title, whether or not such order of protection is
currently in effect; and
  [(B)]  (II) the principal's history of use or possession of a firearm;
[and
  (viii)] 8. If [he] THE PRINCIPAL is a defendant,  the  weight  of  the
evidence  against [him] THE PRINCIPAL in the pending criminal action and
any other factor indicating probability or improbability of  conviction;
or,  in  the  case of an application for [bail or recognizance] SECURING
ORDER pending appeal, the merit or lack of merit of the appeal; and
  [(ix)] 9. If [he] THE PRINCIPAL is a defendant, the sentence which may
be or has been imposed upon conviction[.
  (b) Where the principal is a defendant-appellant in a  pending  appeal
from  a judgment of conviction, the court must also consider the likeli-
hood of ultimate reversal of the  judgment.  A  determination  that  the
appeal  is palpably without merit alone justifies, but does not require,
a denial of the application, regardless of any determination  made  with
respect to the factors specified in paragraph (a).
  3.  When  bail  or recognizance is ordered, the court shall inform the
principal, if he is a defendant charged with the commission of a felony,
that the release is conditional and that the court may revoke the  order
of  release  and  commit  the principal to the custody of the sheriff in
accordance with the provisions of subdivision two of section  530.60  of
this  chapter  if  he  commits a subsequent felony while at liberty upon
such order.]; AND
  10. IF THE PRINCIPAL IS A DEFENDANT-APPELLANT IN A PENDING APPEAL FROM
A JUDGMENT OF CONVICTION, THE COURT MUST ALSO CONSIDER THE LIKELIHOOD OF
ULTIMATE REVERSAL OF THE JUDGMENT. A DETERMINATION THAT  THE  APPEAL  IS
PALPABLY  WITHOUT  MERIT ALONE JUSTIFIES, BUT DOES NOT REQUIRE, A DENIAL
OF THE APPLICATION, REGARDLESS OF ANY DETERMINATION MADE WITH RESPECT TO
THE FACTORS SPECIFIED IN THIS PARAGRAPH.
  § 7. Section 510.40 of the criminal procedure law is amended  to  read
as follows:
§  510.40  [Application for recognizance or bail; determination thereof,
             form of securing order and execution thereof]  NOTIFICATION
             TO  PRINCIPAL  BY COURT OF CONDITIONS OF RELEASE AND PENAL-
             TIES FOR VIOLATIONS OF RELEASE.
  1.  [An application for recognizance or bail must be determined  by  a
securing order which either:

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  (a)    Grants  the  application  and releases the principal on his own
recognizance; or
  (b)  Grants the application and fixes bail; or
  (c)    Denies the application and commits the principal to, or retains
him in, the custody of the sheriff.
  2.] Upon ordering that a principal be released on  [his]  THE  PRINCI-
PAL'S  own  recognizance, OR RELEASED UNDER NON-MONETARY CONDITIONS, OR,
IF BAIL HAS BEEN FIXED, UPON THE POSTING OF BAIL AND SUCCESSFUL EXAMINA-
TION THAT THE BAIL COMPLIES WITH THE ORDER the court must  direct  [him]
THE  PRINCIPAL  to  appear in the criminal action or proceeding involved
whenever [his] THE PRINCIPAL'S attendance may be required and to [render
himself] BE at all times amenable to the orders  and  processes  of  the
court.  IF THE PRINCIPAL IS A DEFENDANT, THE COURT SHALL ALSO DIRECT THE
DEFENDANT NOT TO COMMIT A CRIME WHILE AT LIBERTY UPON THE COURT'S SECUR-
ING ORDER. If such principal is in the custody  of  the  sheriff  or  at
liberty  upon  bail at the time of the order, the court must direct that
[he] THE PRINCIPAL be discharged from such custody [or, as the case  may
be, that his bail be exonerated].
  [3.  Upon  the  issuance of an order fixing bail, and upon the posting
thereof, the court  must  examine  the  bail  to  determine  whether  it
complies  with the order.  If it does, the court must, in the absence of
some factor or circumstance which in law requires or  authorizes  disap-
proval  thereof,  approve  the  bail  and  must  issue  a certificate of
release, authorizing the principal to be at liberty, and, if  he  is  in
the  custody  of  the  sheriff  at  the  time,  directing the sheriff to
discharge him therefrom.  If the bail fixed is not  posted,  or  is  not
approved  after being posted, the court must order that the principal be
committed to the custody of the sheriff.]
  2. IF THE PRINCIPAL IS RELEASED  UNDER  NON-MONETARY  CONDITIONS,  THE
COURT SHALL, IN THE DOCUMENT AUTHORIZING THE PRINCIPAL'S RELEASE, NOTIFY
THE PRINCIPAL OF:
  (A)  ANY  OF  THE  CONDITIONS UNDER WHICH THE PRINCIPAL IS SUBJECT, IN
ADDITION TO THE DIRECTIONS IN SUBDIVISION ONE  OF  THIS  SECTION,  IN  A
MANNER SUFFICIENTLY CLEAR AND SPECIFIC TO SERVE AS A GUIDE FOR THE PRIN-
CIPAL'S CONDUCT; AND
  (B)  THE  CONSEQUENCES  FOR VIOLATION OF THOSE CONDITIONS, WHICH COULD
INCLUDE REVOKING OF THE SECURING ORDER, SETTING OF  A  MORE  RESTRICTIVE
SECURING ORDER, OR, AFTER THE HEARING PRESCRIBED IN ARTICLE FIVE HUNDRED
FORTY-FIVE OF THIS TITLE, PRETRIAL DETENTION.
  §  8.  The  criminal  procedure law is amended by adding a new section
510.45 to read as follows:
§ 510.45 PRETRIAL SERVICE AGENCIES.
  THE OFFICE OF COURT ADMINISTRATION SHALL CERTIFY A  PRETRIAL  SERVICES
AGENCY  OR  AGENCIES IN EACH COUNTY TO MONITOR PRINCIPALS RELEASED UNDER
CONDITIONS OF NON-MONETARY RELEASE.
  § 9. Section 510.50 of the criminal procedure law is amended  to  read
as follows:
§ 510.50 Enforcement of securing order.
  When  the  attendance  of  a  principal confined in the custody of the
sheriff is required at the criminal action or proceeding at a particular
time and place, the court may compel such attendance  by  directing  the
sheriff  to produce him OR HER at such time and place.  If the principal
is at liberty on [his] THE PRINCIPAL'S own recognizance OR  NON-MONETARY
CONDITIONS or on bail, [his] THE PRINCIPAL'S  attendance may be achieved
or compelled by various methods, including notification and the issuance
of  a  bench  warrant,  prescribed  by  law in provisions governing such

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matters with respect to the particular  kind  of  action  or  proceeding
involved.
  § 10. Paragraph (b) of subdivision 2 of section 520.10 of the criminal
procedure law, as amended by chapter 784 of the laws of 1972, is amended
to read as follows:
  (b) The court [may] SHALL direct that the bail be posted in any one of
[two]  THREE  or  more of the forms specified in subdivision one, desig-
nated in the alternative, and may designate  different  amounts  varying
with the forms[;], EXCEPT THAT ONE OF THE FORMS SHALL BE EITHER AN UNSE-
CURED OR PARTIALLY SECURED SURETY BOND, AS SELECTED BY THE COURT.
  § 11. The article heading of article 530 of the criminal procedure law
is amended to read as follows:
                  [ORDERS OF RECOGNIZANCE OR BAIL WITH
                RESPECT TO DEFENDANTS IN CRIMINAL ACTIONS
                    AND PROCEEDINGS--WHEN AND BY WHAT
                 COURTS AUTHORIZED] SECURING ORDERS WITH
              RESPECT TO DEFENDANTS IN CRIMINAL ACTIONS AND
            PROCEEDINGS - WHEN AND BY WHAT COURTS AUTHORIZED
  §  12. Section 530.10 of the criminal procedure law is amended to read
as follows:
§ 530.10 Order of recognizance or bail; in general.
  Under circumstances prescribed in this article, a court, upon applica-
tion of a  defendant  charged  with  or  convicted  of  an  offense,  is
[required or authorized to order bail or recognizance] TO ISSUE A SECUR-
ING  ORDER  for  the  release  or  prospective release of such defendant
during the pendency of either:
  1.  A criminal action based upon such charge; or
  2.  An appeal taken by the defendant from a judgment of conviction  or
a sentence or from an order of an intermediate appellate court affirming
or modifying a judgment of conviction or a sentence.
  §  13.  Subdivision 4 of section 530.11 of the criminal procedure law,
as added by chapter 186 of the laws of  1997,  is  amended  to  read  as
follows:
  4.  When  a  person  is  arrested  for an alleged family offense or an
alleged violation of an  order  of  protection  or  temporary  order  of
protection  or  arrested  pursuant to a warrant issued by the supreme or
family court, and the supreme or family court, as applicable, is not  in
session,  such  person shall be brought before a local criminal court in
the county of arrest or in the county in which such warrant  is  return-
able  pursuant to article one hundred twenty of this chapter. Such local
criminal court may issue any order authorized under  subdivision  eleven
of  section  530.12 of this article, section one hundred fifty-four-d or
one hundred fifty-five of the family court act or subdivision three-b of
section two hundred forty or subdivision two-a of  section  two  hundred
fifty-two  of  the  domestic  relations  law, in addition to discharging
other arraignment responsibilities as set  forth  in  this  chapter.  In
making  such  order,  the  local criminal court shall consider the [bail
recommendation] SECURING ORDER, if any, made by the  supreme  or  family
court  as indicated on the warrant or certificate of warrant. Unless the
petitioner or complainant requests otherwise, the court, in addition  to
scheduling  further criminal proceedings, if any, regarding such alleged
family offense or violation allegation, shall make such  matter  return-
able in the supreme or family court, as applicable, on the next day such
court is in session.

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  § 14. Paragraph (a) of subdivision 8 of section 530.13 of the criminal
procedure  law,  as added by chapter 388 of the laws of 1984, is amended
to read as follows:
  (a)  revoke  [an  order  of recognizance or bail] A SECURING ORDER and
commit the defendant to custody; or
  § 15. The opening paragraph of subdivision 1 of section 530.13 of  the
criminal  procedure  law, as amended by chapter 137 of the laws of 2007,
is amended to read as follows:
  When any criminal action is pending, and the court has  not  issued  a
temporary  order  of protection pursuant to section 530.12 of this arti-
cle, the court, in addition to the other powers  conferred  upon  it  by
this  chapter,  may  for  good  cause  shown  issue a temporary order of
protection in  conjunction  with  any  securing  order  [committing  the
defendant to the custody of the sheriff or as a condition of a pre-trial
release,  or  as  a  condition  of  release on bail or an adjournment in
contemplation of dismissal]. In addition to any other  conditions,  such
an order may require that the defendant:
  §  16.  Subdivisions 9 and 11 of section 530.12 of the criminal proce-
dure law, subdivision 9 as amended by section 81 of subpart B of part  C
of  chapter 62 of the laws of 2011, subdivision 11 as amended by chapter
498 of the laws of 1993, the opening  paragraph  of  subdivision  11  as
amended by chapter 597 of the laws of 1998, paragraph (a) of subdivision
11  as  amended  by  chapter  222  of the laws of 1994, paragraph (d) of
subdivision 11 as amended by chapter  644  of  the  laws  of  1996,  are
amended to read as follows:
  9.  If  no  warrant,  order  or temporary order of protection has been
issued by the court, and an act  alleged  to  be  a  family  offense  as
defined  in section 530.11 of this [chapter] ARTICLE is the basis of the
arrest, the magistrate shall permit the complainant to file a  petition,
information  or  accusatory  instrument  and for reasonable cause shown,
shall thereupon hold such respondent or defendant,  [admit  to,  fix  or
accept  bail,] ESTABLISH A SECURING ORDER or parole him or her for hear-
ing before the  family  court  or  appropriate  criminal  court  as  the
complainant  shall  choose  in accordance with the provisions of section
530.11 of this [chapter] ARTICLE.
  11. If a defendant is brought before the court for failure to obey any
lawful order issued under this section, or an order of protection issued
by a court of competent jurisdiction in another  state,  territorial  or
tribal  jurisdiction,  and  if, after hearing, the court is satisfied by
competent proof that the defendant has willfully failed to obey any such
order, the court may:
  (a) revoke [an order of recognizance or revoke an  order  of  bail  or
order forfeiture of such bail] A SECURING ORDER and commit the defendant
to custody; or
  (b)  restore  the case to the calendar when there has been an adjourn-
ment in contemplation of dismissal and commit the defendant to  custody;
or
  (c)  revoke  a conditional discharge in accordance with section 410.70
of this chapter and impose probation supervision or impose a sentence of
imprisonment in accordance with the penal  law  based  on  the  original
conviction; or
  (d) revoke probation in accordance with section 410.70 of this chapter
and  impose  a sentence of imprisonment in accordance with the penal law
based on the original conviction. In addition, if the act which  consti-
tutes  the  violation  of  the order of protection or temporary order of

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protection is a crime or a violation the defendant may be  charged  with
and tried for that crime or violation.
  §  17.  Section  530.20  of  the criminal procedure law, as amended by
chapter 531 of the laws of 1975, subparagraph (ii) of paragraph  (b)  of
subdivision  2 as amended by chapter 218 of the laws of 1979, is amended
to read as follows:
§ 530.20 [Order of recognizance or bail;] SECURING ORDER by local crimi-
             nal court when action is pending therein.
  When a criminal action is pending in  a  local  criminal  court,  such
court,  upon application of a defendant, must [or may order recognizance
or bail] ISSUE A SECURING ORDER as follows:
  1. [When the defendant is charged, by information, simplified informa-
tion, prosecutor's information or misdemeanor complaint, with an offense
or offenses of less than felony grade only, the court must order  recog-
nizance  or  bail.]  IN  CASES  WHERE THE MOST SERIOUS CHARGE FACING THE
DEFENDANT IN THE CASE BEFORE THE COURT OR A PENDING CASE IS A  MISDEMEA-
NOR OR A FELONY OTHER THAN THAT ENUMERATED IN SECTION 70.02 OF THE PENAL
LAW  OR  A  CLASS A FELONY OFFENSE DEFINED IN THE PENAL LAW, RELEASE THE
PRINCIPAL PENDING TRIAL ON THE PRINCIPAL'S PERSONAL RECOGNIZANCE, UNLESS
THE COURT FINDS ON THE RECORD THAT  RELEASE  ON  RECOGNIZANCE  WILL  NOT
REASONABLY  ASSURE THE INDIVIDUAL'S COURT ATTENDANCE. IN SUCH INSTANCES,
THE COURT WILL RELEASE THE  INDIVIDUAL  UNDER  NON-MONETARY  CONDITIONS,
SELECTING  THE LEAST RESTRICTIVE ALTERNATIVE THAT WILL REASONABLY ASSURE
THE PRINCIPAL'S COURT ATTENDANCE. THE COURT WILL SUPPORT ITS  CHOICE  OF
ALTERNATIVE  ON  THE RECORD.  THE PRINCIPAL SHALL NOT BE REQUIRED TO PAY
FOR ANY PART OF THE  COST  OF  RELEASE  UNDER  NON-MONETARY  CONDITIONS,
EXCEPT  THAT  A PRINCIPAL MAY BE REQUIRED TO PAY FOR ALL OR A PORTION OF
THE COST OF ELECTRONIC MONITORING UNLESS THE PRINCIPAL IS  INDIGENT  AND
CANNOT PAY ALL OR A PORTION OF THE COST OF SUCH MONITORING.
  2. [When the defendant is charged, by felony complaint, with a felony,
the  court  may, in its discretion, order recognizance or bail except as
otherwise provided in this subdivision:
  (a)  A city court, a town court or  a  village  court  may  not  order
recognizance  or  bail  when (i) the defendant is charged with a class A
felony, or (ii) it appears that the defendant has  two  previous  felony
convictions;
  (b)]  IN  CASES  WHERE THE MOST SERIOUS CHARGE FACING THE DEFENDANT IN
THE CASE BEFORE THE COURT OR A PENDING CASE IS A  FELONY  ENUMERATED  IN
SECTION  70.02  OF  THE PENAL LAW OR A CLASS A FELONY OFFENSE DEFINED IN
THE PENAL LAW, RELEASE THE PRINCIPAL PENDING TRIAL  ON  THE  PRINCIPAL'S
PERSONAL  RECOGNIZANCE,  OR  RELEASE  THE  PRINCIPAL  UNDER NON-MONETARY
CONDITIONS, OR FIX BAIL, SELECTING  THE  LEAST  RESTRICTIVE  ALTERNATIVE
THAT  WILL  REASONABLY  ASSURE  THE  PRINCIPAL'S  COURT  APPEARANCE WHEN
REQUIRED. THE COURT WILL  SUPPORT  ITS  CHOICE  OF  ALTERNATIVE  ON  THE
RECORD.
  3.  NOTWITHSTANDING THE ABOVE, IN CASES WHERE THE PEOPLE INDICATE THAT
THEY INTEND TO MOVE FOR PRETRIAL DETENTION AS SET FORTH IN ARTICLE  FIVE
HUNDRED  FORTY-FIVE  OF THIS TITLE, THE COURT SHALL COMMIT THE DEFENDANT
TO THE CUSTODY OF THE SHERIFF.
  4. NOTWITHSTANDING THE ABOVE, A CITY COURT, A TOWN COURT OR A  VILLAGE
COURT  MAY  NOT  ISSUE A SECURING ORDER WHEN THE DEFENDANT IS CHARGED BY
FELONY COMPLAINT WITH A FELONY WHEN: (A) THE DEFENDANT IS CHARGED WITH A
CLASS A FELONY OR (B) IT APPEARS THAT THE  DEFENDANT  HAS  TWO  PREVIOUS
FELONY  CONVICTIONS  WITHIN  THE  MEANING  OF SUBDIVISION ONE OF SECTION
70.08 OR 70.10 OF THE PENAL LAW.   IN THESE INSTANCES  THE  COURT  SHALL
COMMIT  THE  DEFENDANT  TO  THE CUSTODY OF THE SHERIFF FOR THE COUNTY OR

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SUPERIOR COURT TO MAKE A DETERMINATION ABOUT  A  SECURING  ORDER  WITHIN
THREE DAYS.
  5. No local criminal court may order [recognizance or bail] A SECURING
ORDER  with  respect  to  a  defendant  charged with a felony unless and
until[:
  (i)  The district attorney has been heard  in  the  matter  or,  after
knowledge  or notice of the application and reasonable opportunity to be
heard, has failed to appear at the proceeding or  has  otherwise  waived
his right to do so; and
  (ii)  The]  THE  court  [has],  AND COUNSEL FOR THE DEFENSE, HAVE been
furnished with a report of the division  of  criminal  justice  services
concerning  the  defendant's  criminal  record, if any, or with a police
department report with respect  to  the  defendant's  prior  arrest  AND
CONVICTION  record,  IF ANY.  If neither report is available, the court,
with the consent of  the  district  attorney,  may  dispense  with  this
requirement;  provided, however, that in an emergency, including but not
limited to a substantial impairment in the ability of such  division  or
police  department to timely furnish such report, such consent shall not
be required if, for reasons stated on the record,  the  court  deems  it
unnecessary.  [When the court has been furnished with any such report or
record, it shall furnish a copy thereof to counsel for the defendant or,
if the defendant is not represented by counsel, to the defendant.]
  § 18. The section heading, subdivision 1 and subdivision 2 of  section
530.30  of the criminal procedure law, subdivision 2 as amended by chap-
ter 762 of the laws of 1971, are amended to read as follows:
[Order of recognizance or bail; by superior court judge when  action  is
             pending in local criminal court] SECURING ORDER BY SUPERIOR
             COURT JUDGE WHEN ACTION IS PENDING IN LOCAL CRIMINAL COURT.
  1.  When a criminal action is pending in a local criminal court, other
than  one  consisting of a superior court judge sitting as such, a judge
of a superior court holding a term thereof in the county, upon  applica-
tion  of  a defendant, may order [recognizance or bail] A SECURING ORDER
when such local criminal court:
  (a)  Lacks authority to issue such an order,  pursuant  to  [paragraph
(a) of] subdivision [two] FOUR of section 530.20; or
  (b)  Has denied an application for recognizance or bail; or
  (c)  Has fixed bail which is excessive; OR
  (D)  HAS SET A SECURING ORDER OF RELEASE UNDER NON-MONETARY CONDITIONS
WHICH ARE MORE RESTRICTIVE THAN NECESSARY  TO  REASONABLY  ENSURE  COURT
ATTENDANCE.
  In  such  case, such superior court judge may vacate the order of such
local criminal court and release the defendant on [his own] recognizance
OR UNDER RELEASE WITH CONDITIONS, or fix bail in a lesser amount or in a
less burdensome form, WHICHEVER IS  THE  LEAST  RESTRICTIVE  ALTERNATIVE
THAT  WILL  REASONABLY ASSURE DEFENDANT'S APPEARANCE IN COURT. THE COURT
WILL SUPPORT ITS CHOICE OF ALTERNATIVE ON THE RECORD.
  2.   Notwithstanding the  provisions  of  subdivision  one,  when  the
defendant is charged with a felony in a local criminal court, a superior
court  judge  may  not  order  recognizance or bail unless and until the
district attorney has had an opportunity to be heard in the  matter  and
such  judge  has  been furnished with a report as described in [subpara-
graph (ii) of paragraph  (b)  of]  subdivision  [two]  FIVE  of  section
530.20.
  §  19.  Section 530.40 of the criminal procedure law, subdivision 3 as
amended by chapter 264 of the laws of 2003, and subdivision 4 as amended
by chapter 762 of the laws of 1971, is amended to read as follows:

S. 7505--A                         20                         A. 9505--A

§ 530.40 [Order of recognizance or bail;]  SECURING  ORDER  by  superior
           court when action is pending therein.
  When  a  criminal  action  is pending in a superior court, such court,
upon application of a defendant, must or may order recognizance or  bail
as follows:
  1.  [When the defendant is charged with an offense or offenses of less
than felony grade only, the court must order recognizance or bail.
  2. When the defendant is charged with a felony, the court may, in  its
discretion,  order  recognizance  or  bail. In any such case in which an
indictment (a) has resulted from an order  of  a  local  criminal  court
holding the defendant for the action of the grand jury, or (b) was filed
at  a time when a felony complaint charging the same conduct was pending
in a local criminal court, and in which such local criminal court  or  a
superior  court  judge has issued an order of recognizance or bail which
is still effective, the superior court's order may be in the form  of  a
direction  continuing the effectiveness of the previous order.] IN CASES
WHERE THE MOST SERIOUS CHARGE FACING THE DEFENDANT IN  THE  CASE  BEFORE
THE COURT OR A PENDING CASE IS A MISDEMEANOR OR A FELONY OTHER THAN THAT
ENUMERATED IN SECTION 70.02 OF THE PENAL LAW OR A CLASS A FELONY OFFENSE
DEFINED  IN  THE  PENAL  LAW, RELEASE THE PRINCIPAL PENDING TRIAL ON THE
PRINCIPAL'S PERSONAL RECOGNIZANCE, UNLESS THE COURT FINDS ON THE  RECORD
THAT RELEASE ON RECOGNIZANCE WILL NOT REASONABLY ASSURE THE INDIVIDUAL'S
COURT ATTENDANCE. IN SUCH INSTANCES, THE COURT WILL RELEASE THE INDIVID-
UAL  UNDER  NON-MONETARY  CONDITIONS,  SELECTING  THE  LEAST RESTRICTIVE
ALTERNATIVE THAT WILL REASONABLY ASSURE THE  PRINCIPAL'S  COURT  ATTEND-
ANCE.  THE  COURT  WILL SUPPORT ITS CHOICE OF ALTERNATIVE ON THE RECORD.
THE PRINCIPAL SHALL NOT BE REQUIRED TO PAY FOR ANY PART OF THE  COST  OF
RELEASE  UNDER  NON-MONETARY  CONDITIONS, EXCEPT THAT A PRINCIPAL MAY BE
REQUIRED TO PAY FOR ALL OR A PORTION OF THE COST OF ELECTRONIC  MONITOR-
ING  UNLESS THE PRINCIPAL IS INDIGENT AND CANNOT PAY ALL OR A PORTION OF
THE COST OF SUCH MONITORING.
  2. IN CASES WHERE THE MOST SERIOUS CHARGE FACING THE DEFENDANT IN  THE
CASE  BEFORE  THE  COURT  OR  A  PENDING  CASE IS A FELONY ENUMERATED IN
SECTION 70.02 OF THE PENAL LAW OR A CLASS A FELONY  OFFENSE  DEFINED  IN
THE  PENAL  LAW,  RELEASE THE PRINCIPAL PENDING TRIAL ON THE PRINCIPAL'S
PERSONAL RECOGNIZANCE,  OR  RELEASE  THE  PRINCIPAL  UNDER  NON-MONETARY
CONDITIONS,  OR  FIX  BAIL,  SELECTING THE LEAST RESTRICTIVE ALTERNATIVE
THAT WILL  REASONABLY  ASSURE  THE  PRINCIPAL'S  COURT  APPEARANCE  WHEN
REQUIRED.  THE  COURT  WILL  SUPPORT  ITS  CHOICE  OF ALTERNATIVE ON THE
RECORD.
  3. NOTWITHSTANDING THE ABOVE, IN CASES WHERE THE PEOPLE INDICATE  THAT
THEY  INTEND  TO  MOVE FOR PRETRIAL DETENTION AS SET OUT IN ARTICLE FIVE
HUNDRED FORTY-FIVE OF THIS TITLE, THE COURT SHALL COMMIT  THE  DEFENDANT
TO THE CUSTODY OF THE SHERIFF.
  4.  Notwithstanding  the  provisions of [subdivision] SUBDIVISIONS ONE
AND two, a superior court may not [order recognizance or bail]  ISSUE  A
SECURING  ORDER,  or permit a defendant to remain at liberty pursuant to
an existing order, after  [he]  THE  DEFENDANT  has  been  convicted  of
either:  (a)  a  class  A  felony  or  (b) any class B or class C felony
defined in article one hundred thirty of  the  penal  law  committed  or
attempted  to  be  committed  by a person eighteen years of age or older
against a person less than eighteen years of age.  In  either  case  the
court must commit or remand the defendant to the custody of the sheriff.
  [4.]  5.  Notwithstanding the provisions of [subdivision] SUBDIVISIONS
ONE AND two, a superior court may not [order recognizance or bail] ISSUE
A SECURING ORDER when the defendant is charged with a felony unless  and

S. 7505--A                         21                         A. 9505--A

until  the  district  attorney has had an opportunity to be heard in the
matter and such court [has]  AND  COUNSEL  FOR  THE  DEFENSE  HAVE  been
furnished  with  a report as described in subparagraph (ii) of paragraph
(b) of subdivision two of section 530.20 OF THIS ARTICLE.
  §  20.  Subdivision 1 of section 530.45 of the criminal procedure law,
as amended by chapter 264 of the laws of 2003, is  amended  to  read  as
follows:
  1. When the defendant is at liberty in the course of a criminal action
as  a  result  of a prior [order of recognizance or bail] SECURING ORDER
and the court revokes such order and then [either fixes no bail or fixes
bail in a greater amount or in a more burdensome form than was previous-
ly fixed and remands or commits defendant to the custody of the sheriff,
a judge designated in subdivision two, upon application of the defendant
following conviction of an offense other than a  class  A  felony  or  a
class  B or class C felony offense defined in article one hundred thirty
of the penal law committed or attempted to  be  committed  by  a  person
eighteen years of age or older against a person less than eighteen years
of  age,  and  before  sentencing, may issue a securing order and either
release defendant on his own recognizance, or fix bail, or fix bail in a
lesser amount or] ISSUES A MORE RESTRICTIVE SECURING  ORDER  in  a  less
[burdensome]  RESTRICTIVE  form  than  fixed  by  the court in which the
conviction was entered.
  § 21. Section 530.60 of the criminal procedure law, subdivision  1  as
amended  by  chapter  565 of the laws of 2011, subdivision 2 as added by
chapter 788 of the laws of 1981 and paragraph (a) of  subdivision  2  as
amended  by  chapter  794  of  the  laws  of 1986, is amended to read as
follows:
§ 530.60 [Order of recognizance or bail;  revocation  thereof]  SECURING
             ORDER; MODIFICATION THEREOF UPON COURT'S OWN ACTION.
  [1.]  Whenever  in  the  course  of  a criminal action or proceeding a
defendant is at liberty as a result of  [an  order  of  recognizance  or
bail]  A  SECURING  ORDER issued pursuant to this chapter, and the court
considers it necessary to review such order, it  may,  and  by  a  bench
warrant  if necessary, require the defendant to appear before the court.
Upon such appearance, the court, for good cause shown, may  revoke  [the
order  of recognizance or bail. If the defendant is entitled to recogni-
zance or bail as a matter of right, the court must  issue  another  such
order.  If he or she is not, the court may either issue such an order or
commit the defendant to the custody of the sheriff. Where the  defendant
is  committed  to  the  custody  of  the sheriff and is held on a felony
complaint, a new period as provided in section 180.80  of  this  chapter
shall  commence to run from the time of the defendant's commitment under
this subdivision] AND MODIFY THE SECURING  ORDER,  SELECTING  THE  LEAST
RESTRICTIVE ALTERNATIVE THAT WILL REASONABLY ASSURE COURT APPEARANCE. IF
THE  MOST  SERIOUS  CHARGE  FACING  THE DEFENDANT IN THE CASE BEFORE THE
COURT OR A PENDING CASE IS A  MISDEMEANOR  OR  FELONY  OTHER  THAN  THAT
ENUMERATED IN SECTION 70.02 OF THE PENAL LAW OR A CLASS A FELONY DEFINED
IN  THE  PENAL  LAW,  THE  COURT  MUST RELEASE THE DEFENDANT ON PERSONAL
RECOGNIZANCE OR SET RELEASE WITH NON-MONETARY CONDITIONS.  NOTWITHSTAND-
ING  THE FOREGOING, THE PEOPLE MAY MOVE AT ANY TIME FOR CONSIDERATION OF
PRETRIAL DETENTION UNDER ARTICLE FIVE HUNDRED FORTY-FIVE OF  THIS  TITLE
IF  THE  DEFENDANT'S ALLEGED ACTIONS RENDER THE DEFENDANT ELIGIBLE UNDER
FOR A HEARING UNDER THAT SECTION.
  [2. (a) Whenever in the course of a criminal action  or  proceeding  a
defendant  charged  with  the  commission of a felony is at liberty as a
result of an order of recognizance or bail issued pursuant to this arti-

S. 7505--A                         22                         A. 9505--A

cle it shall be grounds for revoking such order  that  the  court  finds
reasonable  cause  to believe the defendant committed one or more speci-
fied class A or violent felony  offenses  or  intimidated  a  victim  or
witness  in  violation of sections 215.15, 215.16 or 215.17 of the penal
law while at liberty. Before revoking an order of recognizance  or  bail
pursuant  to  this  subdivision, the court must hold a hearing and shall
receive any relevant, admissible evidence not  legally  privileged.  The
defendant may cross-examine witnesses and may present relevant, admissi-
ble  evidence  on his own behalf. Such hearing may be consolidated with,
and conducted at the same time as, a felony hearing  conducted  pursuant
to article one hundred eighty of this chapter. A transcript of testimony
taken  before the grand jury upon presentation of the subsequent offense
shall be admissible as evidence during the hearing.  The district attor-
ney may move to introduce grand jury testimony of a witness in  lieu  of
that witness' appearance at the hearing.
  (b)  Revocation  of  an  order  of recognizance or bail and commitment
pursuant to this subdivision shall be for the following periods, either:
  (i) For a period not to exceed ninety days exclusive of any periods of
adjournment requested by the defendant; or
  (ii) Until the charges contained within the accusatory instrument have
been reduced or dismissed such that no count remains which  charges  the
defendant with commission of a felony; or
  (iii) Until reduction or dismissal of the charges contained within the
accusatory instrument charging the subsequent offense such that no count
remains  which  charges  the  defendant  with commission of a class A or
violent felony offense.
  Upon expiration of any of the  three  periods  specified  within  this
paragraph,  whichever  is  shortest, the court may grant or deny release
upon an order of bail or recognizance in accordance with the  provisions
of this article. Upon conviction to an offense the provisions of article
five hundred thirty of this chapter shall apply.
  (c)  Notwithstanding  the provisions of paragraph (a) of this subdivi-
sion a defendant, against whom a felony complaint has been  filed  which
charges  the  defendant  with  commission of a class A or violent felony
offense committed while he was at liberty as specified therein,  may  be
committed to the custody of the sheriff pending a revocation hearing for
a  period  not  to exceed seventy-two hours. An additional period not to
exceed seventy-two hours may be granted by the court upon application of
the district attorney upon a showing of good cause or where the  failure
to  commence  the hearing was due to the defendant's request or occurred
with his consent. Such good cause must consist of some  compelling  fact
or  circumstance  which  precluded  conducting  the  hearing  within the
initial prescribed period.]
  § 22. The criminal procedure law is amended by adding  a  new  section
530.65 to read as follows:
§ 530.65 VIOLATION OF A CONDITION OF RELEASE, REMEDIES AVAILABLE.
  WHEN A PRINCIPAL IS RELEASED UNDER NON-MONETARY CONDITIONS, THE COURT,
UPON  MOTION BY THE PEOPLE, MAY REVOKE AND MODIFY THE SECURING ORDER DUE
TO VIOLATIONS OF THOSE RELEASE CONDITIONS.  IN  DETERMINING  WHETHER  TO
REVOKE  AND  MODIFY  THE  SECURING  ORDER,  THE  COURT MUST CONSIDER THE
NATURE, THE WILLFULNESS, AND THE SERIOUSNESS OF THE  VIOLATION  AND  MAY
ONLY  SET  A  MORE  RESTRICTIVE CONDITION OR CONDITIONS OR RELEASE IF IT
FINDS THAT SUCH  CONDITIONS  ARE  NECESSARY  TO  REASONABLY  ASSURE  THE
DEFENDANT'S  APPEARANCE  IN  COURT.   NOTWITHSTANDING THE FOREGOING, THE
PEOPLE MAY MOVE AT ANY TIME  FOR  CONSIDERATION  OF  PRETRIAL  DETENTION
UNDER  ARTICLE  FIVE HUNDRED FORTY-FIVE OF THIS TITLE IF THE DEFENDANT'S

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ALLEGED ACTIONS RENDER THE DEFENDANT ELIGIBLE UNDER FOR A HEARING  UNDER
THAT SECTION.
  §  23.  Title  P of part 3 of the criminal procedure law is amended by
adding a new article 545 to read as follows:
                     ARTICLE 545--PRETRIAL DETENTION
SECTION 545.10 PRETRIAL DETENTION; WHEN ORDERED.
        545.20 ELIGIBILITY FOR A PRETRIAL DETENTION HEARING.
        545.30 PRETRIAL DETENTION HEARING.
        545.40 ORDER FOR PRETRIAL DETENTION.
        545.50 REOPENING OF PRETRIAL HEARING.
        545.60 LENGTH OF DETENTION FOR DEFENDANT HELD UNDER  A  PRETRIAL
                 DETENTION ORDER.
§ 545.10 PRETRIAL DETENTION; WHEN ORDERED.
  A COUNTY OR SUPERIOR COURT MAY ORDER, BEFORE TRIAL, THE DETENTION OF A
DEFENDANT  IF  THE  PEOPLE SEEK DETENTION OF THE DEFENDANT UNDER SECTION
545.20 OF THIS ARTICLE, AND, AFTER A HEARING PURSUANT TO SECTION  545.30
OF  THIS ARTICLE, THE COURT FINDS CLEAR AND CONVINCING EVIDENCE THAT THE
DEFENDANT POSES A HIGH RISK OF FLIGHT BEFORE TRIAL,  OR  THAT  DEFENDANT
POSES  A CURRENT THREAT TO THE PHYSICAL SAFETY OF A REASONABLY IDENTIFI-
ABLE PERSON OR PERSONS, AND THAT NO CONDITIONS OR COMBINATION OF  CONDI-
TIONS  IN  THE  COMMUNITY  WILL SUFFICE TO CONTAIN THE AFORESAID RISK OR
THREAT.
§ 545.20 ELIGIBILITY FOR A PRETRIAL DETENTION HEARING.
  1. THE PEOPLE MAY MAKE A MOTION WITH THE COURT AT ANY TIME SEEKING THE
PRETRIAL DETENTION OF A DEFENDANT:
  (A) CHARGED WITH  OFFENSES  INVOLVING  DOMESTIC  VIOLENCE,  OR  CRIMES
INVOLVING SERIOUS VIOLENCE OR A CLASS A FELONY DEFINED IN THE PENAL LAW;
  (B) CHARGED WITH OFFENSES INVOLVING WITNESS INTIMIDATION UNDER SECTION
215.15, 215.16 OR 215.17 OF THE PENAL LAW;
  (C)  CHARGED  WITH  COMMITTING  A  NEW CRIME WHILE IN THE COMMUNITY ON
RECOGNIZANCE, OR NON-MONETARY-CONDITIONS, OR BAIL; OR
  (D) WHO WILLFULLY FAILED TO APPEAR IN COURT.
  2. UPON SUCH MOTION BY THE PEOPLE, THE DEFENDANT SHALL BE COMMITTED TO
THE CUSTODY OF THE SHERIFF. IF THE PERSON IS AT LIBERTY, A WARRANT SHALL
ISSUE AND THE DEFENDANT BROUGHT INTO CUSTODY OF THE SHERIFF.
§ 545.30 PRETRIAL DETENTION HEARING.
  1. A HEARING SHALL BE HELD WITHIN FIVE WORKING DAYS FROM THE  PEOPLE'S
MOTION.    AT  THE  HEARING,  THE  DEFENDANT  SHALL HAVE THE RIGHT TO BE
REPRESENTED BY COUNSEL, AND, IF FINANCIALLY UNABLE TO OBTAIN COUNSEL, TO
HAVE COUNSEL ASSIGNED. THE DEFENDANT SHALL BE AFFORDED AN OPPORTUNITY TO
TESTIFY, TO PRESENT WITNESSES, TO CROSS-EXAMINE WITNESSES WHO APPEAR  AT
THE  HEARING,  AND  TO  PRESENT INFORMATION BY PROFFER OR OTHERWISE. THE
RULES CONCERNING THE ADMISSIBILITY OF EVIDENCE IN CRIMINAL TRIALS DO NOT
APPLY TO THE PRESENTATION AND CONSIDERATION OF  INFORMATION  DURING  THE
HEARING.
  2.  DISCOVERY  SHALL BE AFFORDED IN ACCORDANCE WITH PRETRIAL HEARINGS,
AS SET OUT IN CRIMINAL PROCEDURE LAW SECTION 240.44.
  3. IN HEARINGS IN CASES FOR WHICH THERE IS NO INDICTMENT,  THE  PEOPLE
SHALL ESTABLISH PROBABLE CAUSE THAT THE ELIGIBLE DEFENDANT COMMITTED THE
CHARGED  OFFENSE.  THE  PEOPLE  MUST  ESTABLISH  BY CLEAR AND CONVINCING
EVIDENCE THAT DEFENDANT POSES A HIGH RISK OF FLIGHT OR A CURRENT  THREAT
OF  PHYSICAL  DANGER  TO A REASONABLY IDENTIFIABLE PERSON OR PERSONS AND
THAT NO CONDITIONS OR COMBINATION OF CONDITIONS IN  THE  COMMUNITY  WILL
SUFFICE  TO  CONTAIN  THE  AFORESAID  RISK  OR  THREAT. THERE SHALL BE A
REBUTTABLE PRESUMPTION, WHICH THE DEFENDANT MAY OVERCOME BY A PREPONDER-
ANCE OF THE EVIDENCE, THAT NO CONDITIONS OR COMBINATION OF CONDITIONS IN

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THE COMMUNITY WILL SUFFICE TO CONTAIN A CURRENT THREAT TO  THE  PHYSICAL
SAFETY OF A REASONABLY IDENTIFIABLE PERSON OR PERSONS IF THE COURT FINDS
PROBABLE CAUSE THAT THE DEFENDANT:
  (A)  COMMITTED  A  CRIME FOR WHICH THE DEFENDANT WOULD BE SUBJECT TO A
TERM OF LIFE IMPRISONMENT;
  (B) COMMITTED A CRIME INVOLVING DOMESTIC VIOLENCE OR A CRIME INVOLVING
SERIOUS VIOLENCE OR A CLASS A FELONY OFFENSE DEFINED IN  THE  PENAL  LAW
WHILE  THE  DEFENDANT WAS IN THE COMMUNITY ON RECOGNIZANCE, OR NON-MONE-
TARY CONDITIONS, OR BAIL  WHILE  CHARGED  WITH  A  CRIME  ENUMERATED  IN
SECTION 70.02 OF THE PENAL LAW OR A CLASS A FELONY OFFENSE;
  (C) THREATENED, INJURED, INTIMIDATED, OR ATTEMPTED TO THREATEN, INJURE
OR  INTIMIDATE  A  PROSPECTIVE  WITNESS OR JUROR IN AN CRIMINAL INVESTI-
GATION OR JUDICIAL PROCEEDING; OR
  (D) COMMITTED A CRIME INVOLVING DOMESTIC VIOLENCE OR A CRIME INVOLVING
SERIOUS VIOLENCE OR A CLASS A FELONY OFFENSE DEFINED IN  THE  PENAL  LAW
WHILE ARMED WITH A FIREARM.
  4. IN DETERMINING WHETHER THE DEFENDANT PRESENTS A HIGH RISK OF FLIGHT
OR  A  CURRENT  THREAT  OF  PHYSICAL DANGER TO A REASONABLY IDENTIFIABLE
PERSON OR PERSONS AND WHETHER NO CONDITIONS OR  COMBINATIONS  OF  CONDI-
TIONS  IN THE COMMUNITY WILL SUFFICE TO CONTAIN SUCH RISK OR THREAT, THE
COURT MAY TAKE INTO ACCOUNT THE FOLLOWING INFORMATION:
  (A) THE NATURE AND CIRCUMSTANCES OF THE CHARGED OFFENSE;
  (B) THE WEIGHT OF THE EVIDENCE AGAINST THE DEFENDANT, EXCEPT THAT  THE
COURT  MAY  CONSIDER  THE  ADMISSIBILITY  OF  ANY  EVIDENCE SOUGHT TO BE
EXCLUDED;
  (C) THE DEFENDANT'S CURRENT AND PRIOR HISTORY OF FAILURE TO APPEAR  IN
COURT WHETHER SUCH FAILURES TO APPEAR WERE WILLFUL;
  (D)  THE  NATURE  AND  THE  CREDIBILITY  OF THE THREAT TO THE PHYSICAL
DANGER OF A REASONABLY IDENTIFIABLE PERSON OR  PERSONS,  IF  APPLICABLE;
AND
  (E) WHETHER, AT THE TIME OF THE CURRENT OFFENSE OR ARREST, THE DEFEND-
ANT WAS ON PROBATION, PAROLE, OR ON RELEASE PENDING TRIAL, SENTENCING OR
COMPLETION OF A SENTENCE IN THIS STATE OR OTHER JURISDICTIONS.
§ 545.40 ORDER FOR PRETRIAL DETENTION.
  IN  A  PRETRIAL  DETENTION  ORDER ISSUED PURSUANT TO SECTION 545.10 OF
THIS ARTICLE, THE COURT SHALL:
  1. INCLUDE WRITTEN FINDINGS OF FACT AND A  WRITTEN  STATEMENT  OF  THE
REASONS FOR THE DETENTION; AND
  2.  DIRECT THAT THE ELIGIBLE DEFENDANT BE AFFORDED REASONABLE OPPORTU-
NITY FOR PRIVATE CONSULTATION WITH COUNSEL.
§ 545.50 REOPENING OF PRETRIAL HEARING.
  A PRETRIAL DETENTION HEARING MAY BE OPENED, BEFORE OR  AFTER  ISSUANCE
OF  A  PRETRIAL DETENTION ORDER BY THE COURT, BY MOTION OF THE PEOPLE OR
THE DEFENDANT, AT ANY TIME BEFORE TRIAL, IF THE  COURT  FINDS  EITHER  A
CHANGE OF CIRCUMSTANCES OR THAT INFORMATION EXISTS THAT WAS NOT KNOWN TO
THE  PEOPLE  OR  TO THE DEFENDANT AT THE TIME OF THE HEARING, THAT HAS A
MATERIAL BEARING ON THE ISSUE OF WHETHER DEFENDANT PRESENTS A HIGH  RISK
OF  FAILURE  TO  APPEAR  OR A CURRENT THREAT TO THE PHYSICAL SAFETY OF A
REASONABLY IDENTIFIABLE PERSON OR PERSONS AND WHETHER NO  CONDITIONS  OR
COMBINATION OF CONDITIONS WILL SUFFICE TO CONTAIN SUCH RISK OR THREAT.
§ 545.60 LENGTH  OF  DETENTION  FOR  DEFENDANT  HELD  UNDER  A  PRETRIAL
           DETENTION ORDER.
  1. IF A PRETRIAL DETENTION ORDER IS  ISSUED,  A  DEFENDANT  SHALL  NOT
REMAIN  DETAINED IN JAIL FOR MORE THAN ONE HUNDRED EIGHTY DAYS AFTER THE
RETURN OF THE INDICTMENT, IF APPLICABLE, UNTIL THE START  OF  TRIAL.  IN

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CASES WHERE NO INDICTMENT IS REQUIRED, THE ONE HUNDRED EIGHTY DAYS SHALL
RUN FROM THE PRETRIAL DETENTION ORDER.
  2.  (A)  THE  TIME WITHIN WHICH THE TRIAL OF THE CASE COMMENCES MAY BE
EXTENDED FOR ONE OR MORE ADDITIONAL PERIODS NOT TO  EXCEED  TWENTY  DAYS
EACH  ON  THE  BASIS OF A MOTION SUBMITTED BY THE PEOPLE AND APPROVED BY
THE COURT. THE ADDITIONAL PERIOD OR PERIODS OF DETENTION MAY BE  GRANTED
ONLY ON THE BASIS OF GOOD CAUSE SHOWN, AND SHALL BE GRANTED ONLY FOR THE
ADDITIONAL  TIME  REQUIRED  TO PREPARE FOR THE TRIAL OF THE PERSON. GOOD
CAUSE MAY INCLUDE, BUT NOT BE  LIMITED  TO,  THE  UNAVAILABILITY  OF  AN
ESSENTIAL  WITNESS, THE NECESSITY FOR FORENSIC ANALYSIS OF EVIDENCE, THE
ABILITY TO CONDUCT A JOINT TRIAL WITH A CO-DEFENDANT  OR  CO-DEFENDANTS,
SEVERANCE  OF  CO-DEFENDANTS  WHICH  PERMITS  ONLY ONE TRIAL TO COMMENCE
WITHIN THE TIME PERIOD,  COMPLEX  OR  MAJOR  INVESTIGATIONS,  SCHEDULING
CONFLICTS  WHICH  ARISE  SHORTLY BEFORE THE TRIAL DATE, THE INABILITY TO
PROCEED TO TRIAL BECAUSE OF ACTION TAKEN BY OR  AT  THE  BEHEST  OF  THE
DEFENDANT,  THE  BREAKDOWN  OF A PLEA AGREEMENT ON OR IMMEDIATELY BEFORE
THE TRIAL DATE, AND ALLOWING REASONABLE TIME  TO  PREPARE  FOR  A  TRIAL
AFTER THE CIRCUMSTANCES GIVING RISE TO A TOLLING OR EXTENSION OF THE ONE
HUNDRED EIGHTY DAY PERIOD NO LONGER EXISTS.
  (B)  IN  COMPUTING  THE  ONE  HUNDRED  EIGHTY DAYS FROM INDICTMENT, IF
APPLICABLE, OR THE DATE OF PRETRIAL ORDER, TO COMMENCEMENT OF TRIAL, THE
FOLLOWING PERIODS SHALL BE EXCLUDED:
  (I) ANY PERIOD FROM THE FILING OF THE NOTICE OF APPEAL TO THE ISSUANCE
OF THE MANDATE IN AN INTERLOCUTORY APPEAL;
  (II) ANY PERIOD ATTRIBUTABLE  TO  ANY  EXAMINATION  TO  DETERMINE  THE
DEFENDANT'S  SANITY  OR  LACK  THEREOF  OR HIS OR HER MENTAL OR PHYSICAL
COMPETENCY TO STAND TRIAL;
  (III) ANY PERIOD ATTRIBUTABLE TO THE INABILITY  OF  THE  DEFENDANT  TO
PARTICIPATE IN THE DEFENDANT'S DEFENSE BECAUSE OF MENTAL INCOMPETENCY OR
PHYSICAL INCAPACITY; AND
  (IV)  ANY  PERIOD  IN WHICH THE DEFENDANT IS OTHERWISE UNAVAILABLE FOR
TRIAL.
  3. IF A TRIAL HAS NOT COMMENCED WITHIN ONE HUNDRED  EIGHTY  DAYS  FROM
INDICTMENT,  IF  APPLICABLE,  OR PRETRIAL DETENTION ORDER, AS CALCULATED
ABOVE, AND THE DEFENDANT REMAINS IN  CUSTODY,  THE  DEFENDANT  SHALL  BE
RELEASED  ON  RECOGNIZANCE  OR  UNDER NON-MONETARY CONDITIONS OF RELEASE
PENDING TRIAL ON THE UNDERLYING CHARGE, UNLESS:
  (A) THE TRIAL IS IN PROGRESS,
  (B) THE TRIAL HAS BEEN  DELAYED  BY  THE  TIMELY  FILING  OF  MOTIONS,
EXCLUDING MOTIONS FOR CONTINUANCES;
  (C) THE TRIAL HAS BEEN DELAYED AT THE REQUEST OF THE DEFENDANT; OR
  (D)  UPON MOTION OF THE PEOPLE, THE COURT FINDS THAT A SUBSTANTIAL AND
UNJUSTIFIABLE RISK TO THE PHYSICAL SAFETY OF A  REASONABLY  IDENTIFIABLE
PERSON  WOULD RESULT FROM THE DEFENDANT'S RELEASE FROM CUSTODY, AND THAT
NO APPROPRIATE CONDITIONS FOR THE DEFENDANT'S RELEASE  WOULD  REASONABLY
ADDRESS  THAT RISK, AND ALSO FINDS THAT THE FAILURE TO COMMENCE TRIAL IN
ACCORDANCE WITH THE TIME REQUIREMENTS SET FORTH IN THIS SECTION WAS  NOT
DUE TO UNREASONABLE DELAY BY THE PEOPLE. IF THE COURT MAKES SUCH A FIND-
ING, THE COURT MAY SET AN ADDITIONAL PERIOD OF TIME IN WHICH THE DEFEND-
ANT'S TRIAL MUST COMMENCE.
  § 24. Subsection (b) of section 6805 of the insurance law, as added by
chapter 181 of the laws of 2012, is amended to read as follows:
  (b) A charitable bail organization shall:
  (1)  only  deposit  money as bail in the amount of [two] FIVE thousand
dollars or less for a defendant charged with one or more  [misdemeanors]
OFFENSES  AS  DEFINED  IN  SUBDIVISION ONE OF SECTION 10.00 OF THE PENAL

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LAW, provided, however, that such  organization  shall  not  execute  as
surety any bond for any defendant;
  (2) only deposit money as bail on behalf of a person who is financial-
ly  unable  to  post  bail,  which may constitute a portion or the whole
amount of such bail; AND
  (3) [only deposit money as bail in one county in this state. Provided,
however, that a charitable bail organization whose  principal  place  of
business is located within a city of a million or more may deposit money
as bail in the five counties comprising such city; and
  (4)]  not  charge  a  premium  or receive compensation for acting as a
charitable bail organization.
  § 25. Paragraph (a) of subdivision 9 of section 216.05 of the criminal
procedure law, as amended by chapter 258 of the laws of 2015, is amended
to read as follows:
  (a) If at any time during the defendant's participation in  the  judi-
cial diversion program, the court has reasonable grounds to believe that
the  defendant  has violated a release condition or has failed to appear
before the court as requested, the court shall direct the  defendant  to
appear  or  issue  a bench warrant to a police officer or an appropriate
peace officer directing him or her to take the  defendant  into  custody
and  bring  the  defendant  before  the court without unnecessary delay;
provided, however, that under no circumstances  shall  a  defendant  who
requires  treatment  for  opioid  abuse  or dependence be deemed to have
violated a release condition on the basis of his or her participation in
medically prescribed drug treatments under the care  of  a  health  care
professional  licensed  or  certified under title eight of the education
law, acting within his or her lawful scope of practice.  The  provisions
of  [subdivision  one  of]  section  530.60  of this chapter relating to
[revocation of recognizance or bail] ISSUANCE OF SECURING  ORDERS  shall
apply to such proceedings under this subdivision.
  § 26. Subdivision 3 of section 620.50 of the criminal procedure law is
amended to read as follows:
  3.  A material witness order must be executed as follows:
  (a)    If  the  bail  is posted and approved by the court, the witness
must[, as provided in subdivision three of section 510.40,] be  released
and  be permitted to remain at liberty; provided that, where the bail is
posted by a person other than the witness himself,  he  may  not  be  so
released except upon his signed written consent thereto;
  (b)  If the bail is not posted, or if though posted it is not approved
by  the  court,  the  witness must[, as provided in subdivision three of
section 510.40,] be committed to the custody of the sheriff.
  § 27. This act shall take effect November 1, 2019.

                                 PART D

  Section 1. Section 240.10 of the criminal procedure law, as  added  by
chapter 412 of the laws of 1979, is amended to read as follows:
§ 240.10  Discovery; definition of terms.
  The following definitions are applicable to this article:
  1.    ["Demand  to  produce" means a written notice served by and on a
party to a criminal action, without leave of  the  court,  demanding  to
inspect  property  pursuant to this article and giving reasonable notice
of the time at which the demanding party wishes to inspect the  property
designated.

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  2.]  "Attorneys' work product" means [property] MATERIAL to the extent
that  it  contains the opinions, theories or conclusions of the prosecu-
tor, defense counsel or members of their legal staffs.
  [3.] 2.  "Property" OR "MATERIAL" means any existing tangible personal
or  real  property,  including,  but  not  limited  to,  books, records,
reports, memoranda,  papers,  photographs,  tapes  or  other  electronic
recordings,  articles  of clothing, fingerprints, blood samples, finger-
nail scrapings or handwriting specimens, but excluding  attorneys'  work
product.
  [4.]  3.   "At the trial" means as part of the [people's] PROSECUTOR'S
or the defendant's direct case.
  § 2. Section 240.20 of the criminal procedure law, as added by chapter
412 of the laws of 1979, the  opening  paragraph  of  subdivision  1  as
amended  by chapter 317 of the laws of 1983, paragraphs (c), (d) and (g)
of subdivision 1 as amended and paragraph (i) as added by chapter 558 of
the laws of 1982, paragraph (e) of subdivision 1 as added and paragraphs
(f), (g), (h) and (i) as relettered by chapter 795 of the laws of  1984,
paragraph  (j)  of  subdivision 1 as added by chapter 514 of the laws of
1986, and paragraph (k) of subdivision 1 as added by chapter 536 of  the
laws 1989, is amended to read as follows:
§ 240.20  Discovery; [upon demand of] AUTOMATIC DISCLOSURE TO defendant.
  1.  Except  to  the extent protected by court order[, upon a demand to
produce by a defendant against whom] OR RIGHT TO REDACTION  PURSUANT  TO
THIS ARTICLE, WITHIN FIFTEEN DAYS OF ARRAIGNMENT ON an indictment, supe-
rior   court  information,  prosecutor's  information,  information,  or
simplified information charging a misdemeanor is pending, the prosecutor
shall disclose to the  defendant  and  make  available  for  inspection,
photographing, copying or testing, the following property:
  (a)   Any written, recorded or oral statement of the defendant, and of
a co-defendant to be tried jointly, made, other than in  the  course  of
the criminal transaction, to a public servant engaged in law enforcement
activity  or to a person then acting under [his] THE direction OF, or in
cooperation with [him] SUCH PUBLIC SERVANT;
  (b)  Any transcript of testimony relating to the  criminal  action  or
proceeding  pending against the defendant, given by the defendant, or by
a co-defendant to be tried jointly, before any grand jury;
  (c)  Any written report or document, or portion thereof, concerning  a
physical or mental examination, or scientific test or experiment, relat-
ing  to  the  criminal action or proceeding which was made by, or at the
request or direction of a public  servant  engaged  in  law  enforcement
activity,  or  which was made by a person whom the prosecutor intends to
call as a witness at trial, or  which  the  [people  intend]  PROSECUTOR
INTENDS to introduce at trial;
  (d)    Any  photograph  or  drawing relating to the criminal action or
proceeding which was made or completed by a public  servant  engaged  in
law  enforcement activity, or which was made by a person whom the prose-
cutor intends to call as a  witness  at  trial,  or  which  the  [people
intend] PROSECUTOR INTENDS to introduce at trial;
  (e)  Any photograph, photocopy or other reproduction made by or at the
direction of a police officer, peace officer or prosecutor of any  prop-
erty  prior  to its release pursuant to the provisions of section 450.10
of the penal law, irrespective of whether the people intend to introduce
at trial the property or the  photograph,  photocopy  or  other  reprod-
uction[.];
  (f)  Any other property obtained from the defendant, or a co-defendant
to be tried jointly;

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  (g)    Any  tapes  or other electronic recordings which the prosecutor
intends to introduce at trial, irrespective of  whether  such  recording
was made during the course of the criminal transaction;
  (h)    [Anything]  ANY  OTHER  PROPERTY  OR INFORMATION required to be
disclosed, prior to trial, to the defendant by the prosecutor,  pursuant
to  the constitution of this state or of the United States[.] INCLUDING,
BUT NOT LIMITED TO, ALL EVIDENCE AND INFORMATION, WHETHER OR NOT  ADMIS-
SIBLE  OR  RECORDED  IN  TANGIBLE  FORM, THAT TENDS TO (I) EXCULPATE THE
DEFENDANT; (II) MITIGATE THE DEFENDANT'S CULPABILITY  AS  TO  A  CHARGED
OFFENSE;  (III)  SUPPORT  A POTENTIAL DEFENSE TO A CHARGED OFFENSE; (IV)
SIGNIFICANTLY  IMPUGN  THE  CREDIBILITY  OF  AN  IMPORTANT   PROSECUTION
WITNESS;  OR (V) A SUMMARY OF ALL PROMISES, REWARDS AND INDUCEMENTS MADE
TO PERSONS WHO MAY BE CALLED AS  WITNESSES,  AS  WELL  AS  REQUESTS  FOR
CONSIDERATION  BY  PERSONS WHO MAY BE CALLED AS WITNESSES, AND COPIES OF
ALL DOCUMENTS RELEVANT TO A PROMISE, REWARD OR  INDUCEMENT.  THE  PROSE-
CUTION  SHALL  DISCLOSE  EVIDENCE  OR INFORMATION UNDER THIS SUBDIVISION
EXPEDITIOUSLY UPON ITS RECEIPT BY THE  PROSECUTOR,  NOTWITHSTANDING  THE
OTHERWISE-APPLICABLE TIME PERIODS FOR DISCLOSURE IN THIS ARTICLE;
  (i) The approximate date, time and place of the offense charged and of
defendant's arrest[.];
  (j)  In  any prosecution under penal law section 156.05 or 156.10, the
time, place and manner of notice given pursuant to  subdivision  six  of
section 156.00 of such law[.];
  (k)  [in]  IN  any prosecution commenced in a manner set forth in this
subdivision alleging a violation of the  vehicle  and  traffic  law,  in
addition to any material required to be disclosed pursuant to this arti-
cle, any other provision of law, or the constitution of this state or of
the  United  States, any written report or document, or portion thereof,
concerning a physical examination,  a  scientific  test  or  experiment,
including the most recent record of inspection, or calibration or repair
of  machines or instruments utilized to perform such scientific tests or
experiments and the certification certificate, if any, held by the oper-
ator of the machine or instrument, which tests or examinations were made
by or at the request or direction of a public  servant  engaged  in  law
enforcement  activity  or which was made by a person whom the prosecutor
intends to call as a witness at trial, or which  the  people  intend  to
introduce at trial[.];
  (L)  A  LIST  OF  ALL  TANGIBLE  OBJECTS  OBTAINED  FROM, OR ALLEGEDLY
POSSESSED BY, THE DEFENDANT OR A CO-DEFENDANT. THE LIST SHALL INCLUDE  A
DESIGNATION  BY THE PROSECUTOR AS TO WHICH OBJECTS WERE RECOVERED DURING
A SEARCH OR SEIZURE BY A PUBLIC SERVANT OR AN AGENT THEREOF,  AND  WHICH
TANGIBLE  OBJECTS WERE RECOVERED BY A PUBLIC SERVANT OR AN AGENT THEREOF
AFTER ALLEGEDLY BEING ABANDONED BY THE DEFENDANT;
  (M) A STATEMENT INDICATING WHETHER A SEARCH WARRANT HAS BEEN  EXECUTED
AND  ALL  DOCUMENTS  RELATING  THERETO, INCLUDING BUT NOT LIMITED TO THE
WARRANT, THE WARRANT APPLICATION, SUPPORTING AFFIDAVITS, A POLICE INVEN-
TORY OF ALL PROPERTY SEIZED UNDER THE WARRANT, AND A TRANSCRIPT  OF  ALL
TESTIMONY OR OTHER ORAL COMMUNICATIONS OFFERED IN SUPPORT OF THE WARRANT
APPLICATION;
  (N) ANY EXPERT OPINION EVIDENCE, INCLUDING THE NAME, BUSINESS ADDRESS,
AND  CURRENT  CURRICULUM VITAE, WHOM THE PROSECUTOR INTENDS TO CALL AS A
WITNESS AT TRIAL OR A PRE-TRIAL HEARING, AND ALL REPORTS PREPARED BY THE
EXPERT THAT PERTAIN TO THE CASE, OR IF NO REPORT IS PREPARED, A  WRITTEN
STATEMENT  OF  THE FACTS AND OPINIONS TO WHICH THE EXPERT IS EXPECTED TO
TESTIFY AND A SUMMARY OF THE GROUNDS FOR EACH  OPINION.  THIS  PARAGRAPH
DOES  NOT  ALTER  OR  IN  ANY  WAY AFFECT THE PROCEDURES, OBLIGATIONS OR

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RIGHTS SET FORTH IN SECTION 250.10 OF THIS TITLE.  IF IN THE EXERCISE OF
REASONABLE DILIGENCE THIS  INFORMATION  IS  UNAVAILABLE  FOR  DISCLOSURE
WITHIN  THE TIME PERIOD SPECIFIED IN THIS SUBDIVISION, THAT PERIOD SHALL
BE  STAYED  WITHOUT  NEED  FOR A MOTION PURSUANT TO THIS ARTICLE; EXCEPT
THAT THE DISCLOSURE SHALL BE MADE AS SOON AS PRACTICABLE AND  NOT  LATER
THAN  SIXTY CALENDAR DAYS BEFORE A SCHEDULED TRIAL DATE, UNLESS AN ORDER
FOR FURTHER DELAY UPON A SHOWING OF GOOD CAUSE  IS  OBTAINED.  WHEN  THE
PROSECUTION'S  EXPERT  WITNESS IS BEING CALLED IN RESPONSE TO DISCLOSURE
OF AN EXPERT WITNESS BY THE DEFENDANT, THE COURT MAY ALTER  A  SCHEDULED
TRIAL  DATE, IF NECESSARY, TO ALLOW THE PROSECUTION THIRTY CALENDAR DAYS
TO MAKE THE DISCLOSURE AND THE DEFENDANT THIRTY CALENDAR DAYS TO PREPARE
AND RESPOND TO THE NEW MATERIALS.
  2.  The prosecutor shall make a PROMPT diligent, good faith effort  to
ascertain  the  existence  of  [demanded] property SUBJECT TO DISCLOSURE
UNDER THIS SECTION and to cause such property to be made  available  for
discovery where it exists but is not within the prosecutor's possession,
custody  or control; provided, that the prosecutor shall not be required
to obtain by subpoena duces tecum demanded material which the  defendant
may thereby obtain.
  3.  UPON  MOTION OF A PARTY IN AN INDIVIDUAL CASE, THE COURT MAY ALTER
THE TIME PERIODS FOR DISCOVERY IMPOSED BY THIS ARTICLE UPON A SHOWING OF
GOOD CAUSE.
  § 3. The criminal procedure law is amended by  adding  a  new  section
240.21 to read as follows:
§ 240.21 DISCOVERY; DISCLOSURE OF POLICE REPORTS AND PRIOR STATEMENTS OF
           PROSPECTIVE WITNESSES.
  1. EXCEPT TO THE EXTENT PROTECTED BY COURT ORDER OR RIGHT TO REDACTION
PURSUANT  TO  THIS  ARTICLE,  WITHIN  THIRTY  DAYS  OF ARRAIGNMENT ON AN
INDICTMENT, SUPERIOR COURT INFORMATION, PROSECUTOR'S INFORMATION, INFOR-
MATION OR SIMPLIFIED INFORMATION CHARGING A MISDEMEANOR, THE  PROSECUTOR
SHALL  DISCLOSE  TO THE DEFENDANT THE FOLLOWING PROPERTY, PROVIDED IT IS
IN THE POSSESSION OF THE PROSECUTOR:
  (A) ANY REPORT OF A FACTUAL NATURE RELATING TO THE CRIMINAL ACTION  OR
PROCEEDING AGAINST THE DEFENDANT AND PREPARED BY THE PROSECUTOR;
  (B)  ANY  REPORT RELATING TO THE CRIMINAL ACTION OR PROCEEDING AGAINST
THE DEFENDANT PREPARED BY, OR AT THE DIRECTION OF, A POLICE OFFICER,  AS
DEFINED  IN SUBDIVISION THIRTY-FOUR OF SECTION 1.20 OF THIS CHAPTER, WHO
IS EMPLOYED BY A LAW ENFORCEMENT AGENCY WHICH PARTICIPATED IN THE INVES-
TIGATION, ARREST OR POST-ARREST PROCESSING OF THE DEFENDANT WITH RESPECT
TO THE CRIMINAL ACTION OR PROCEEDING AGAINST THE DEFENDANT;
  (C) ANY REPORT, OTHER THAN THOSE DESCRIBED BY PARAGRAPHS (A)  AND  (B)
OF  THIS  SUBDIVISION,  RELATING  TO  THE  CRIMINAL ACTION OR PROCEEDING
AGAINST THE DEFENDANT, WHICH WAS PREPARED BY A LAW ENFORCEMENT  OFFICER,
PROVIDED SUCH REPORT IS IN THE ACTUAL POSSESSION OF THE PROSECUTOR; AND
  (D) ANY WRITTEN OR RECORDED STATEMENT, EXCLUDING GRAND JURY TESTIMONY,
MADE  BY  A  WITNESS  WHOM THE PROSECUTOR INTENDS TO CALL AT A PRE-TRIAL
HEARING OR AT TRIAL AND WHICH RELATES TO  THE  SUBJECT  MATTER  OF  THAT
WITNESS' PROSPECTIVE TESTIMONY.
  2.  THE  PROSECUTOR SHALL MAKE A PROMPT DILIGENT, GOOD FAITH EFFORT TO
ASCERTAIN THE EXISTENCE OF PROPERTY SUBJECT  TO  DISCLOSURE  UNDER  THIS
SECTION  AND  TO  CAUSE SUCH PROPERTY TO BE MADE AVAILABLE FOR DISCOVERY
WHERE IT EXISTS BUT IS NOT WITHIN THE PROSECUTOR'S  POSSESSION,  CUSTODY
OR  CONTROL;  PROVIDED,  THAT  THE  PROSECUTOR  SHALL NOT BE REQUIRED TO
OBTAIN BY SUBPOENA DUCES TECUM DEMANDED MATERIAL WHICH THE DEFENDANT MAY
THEREBY OBTAIN.

S. 7505--A                         30                         A. 9505--A

  3. UPON MOTION OF A PARTY IN AN INDIVIDUAL CASE, THE COURT  MAY  ALTER
THE TIME PERIODS FOR DISCOVERY IMPOSED BY THIS ARTICLE UPON A SHOWING OF
GOOD CAUSE.
  § 4. Section 240.30 of the criminal procedure law, as added by chapter
412  of the laws of 1979, subdivision 1 as amended by chapter 558 of the
laws of 1982, and the opening paragraph of subdivision 1 as  amended  by
chapter 317 of the laws of 1983, is amended to read as follows:
§ 240.30  Discovery; [upon demand of] AUTOMATIC DISCLOSURE TO THE prose-
        cutor.
  1. Except to the extent protected by court order OR RIGHT TO REDACTION
PURSUANT  TO THIS ARTICLE, [upon a demand to produce by the prosecutor,]
WITHIN FIFTEEN DAYS OF DISCLOSURE BY THE PROSECUTOR PURSUANT TO  SECTION
240.20  OF THIS ARTICLE, AND PRIOR TO TRIAL, a defendant against whom an
indictment, superior court information, prosecutor's information, infor-
mation, or simplified information  charging  a  misdemeanor  is  pending
shall  disclose  and  make  available TO THE PROSECUTION for inspection,
photographing, copying or testing,  subject  to  constitutional  limita-
tions:
  (a)  any  written report or document, or portion thereof, concerning a
physical or mental  examination,  or  scientific  test,  experiment,  or
comparisons,  made  by or at the request or direction of, the defendant,
if  the defendant intends to introduce such report or document at trial,
or if the defendant has filed a notice of intent to proffer  psychiatric
evidence  and such report or document relates thereto, or if such report
or document was made by a person, other than defendant,  whom  defendant
intends to call as a witness at trial; [and]
  (b)  any photograph, drawing, tape or other electronic recording which
the defendant intends to introduce at trial[.];
  (C) ALL STATEMENTS, WRITTEN OR RECORDED OR SUMMARIZED IN  ANY  WRITING
OR  RECORDING,  MADE  BY  ALL  PERSONS OTHER THAN THE DEFENDANT WHOM THE
DEFENDANT INTENDS TO CALL AS WITNESSES AT TRIAL OR A PRE-TRIAL  HEARING;
EXCEPT  THAT  DISCLOSURE  OF  SUCH  STATEMENTS MADE BY A PERSON WHOM THE
DEFENDANT INTENDS TO CALL AS A WITNESS FOR THE SOLE PURPOSE OF  IMPEACH-
ING  A  PROSECUTION  WITNESS IS NOT REQUIRED UNTIL AFTER THE PROSECUTION
WITNESS HAS TESTIFIED;
  (D) A SUMMARY OF ALL PROMISES, REWARDS AND INDUCEMENTS MADE TO PERSONS
WHOM THE DEFENDANT INTENDS TO CALL AS WITNESSES AT TRIAL OR A  PRE-TRIAL
HEARING,  AS  WELL  AS  REQUESTS  FOR CONSIDERATION BY SUCH PERSONS, AND
COPIES OF ALL DOCUMENTS RELEVANT TO A PROMISE, REWARD OR INDUCEMENT;
  (E) ALL TANGIBLE PROPERTY, INCLUDING BUT NOT LIMITED TO TAPES OR OTHER
ELECTRONIC RECORDINGS AND PHOTOGRAPHS AND DRAWINGS, THAT  THE  DEFENDANT
INTENDS  TO  INTRODUCE  IN  THE  DEFENDANT'S CASE-IN-CHIEF AT TRIAL OR A
PRE-TRIAL HEARING. IF IN THE EXERCISE OF  REASONABLE  DILIGENCE  COUNSEL
FOR  THE  DEFENDANT  HAS  NOT FORMED AN INTENTION WITHIN THE TIME PERIOD
SPECIFIED IN THIS SECTION THAT AN ITEM UNDER THIS  SUBDIVISION  WILL  BE
INTRODUCED  AT TRIAL OR A PRE-TRIAL HEARING, THAT PERIOD SHALL BE STAYED
WITHOUT NEED FOR A MOTION; BUT THE DISCLOSURE SHALL BE MADE AS  SOON  AS
PRACTICABLE AND SUBJECT TO THE CONTINUING DUTY TO DISCLOSE;
  (F)  ALL  REPORTS AND DOCUMENTS CONCERNING PHYSICAL OR MENTAL EXAMINA-
TIONS, OR SCIENTIFIC TESTS OR  EXPERIMENTS  OR  COMPARISONS,  WHICH  THE
DEFENDANT INTENDS TO INTRODUCE AT TRIAL OR A PRE-TRIAL HEARING, OR WHICH
WERE MADE BY A PERSON WHOM THE DEFENDANT INTENDS TO CALL AS A WITNESS AT
TRIAL OR A PRE-TRIAL HEARING;
  (G)  INTENDED  EXPERT  OPINION  EVIDENCE, INCLUDING THE NAME, BUSINESS
ADDRESS, AND CURRENT CURRICULUM VITAE, WHOM  THE  DEFENDANT  INTENDS  TO
CALL  AS  A  WITNESS  AT  TRIAL  OR A PRE-TRIAL HEARING, AND ALL REPORTS

S. 7505--A                         31                         A. 9505--A

PREPARED BY THE EXPERT THAT PERTAIN TO THE CASE,  OR  IF  NO  REPORT  IS
PREPARED,  A  WRITTEN  STATEMENT  OF THE FACTS AND OPINIONS TO WHICH THE
EXPERT IS EXPECTED TO TESTIFY AND A SUMMARY  OF  THE  GROUNDS  FOR  EACH
OPINION.  THIS  PARAGRAPH DOES NOT ALTER OR IN ANY WAY AFFECT THE PROCE-
DURES, OBLIGATIONS OR RIGHTS SET FORTH IN SECTION 250.10 OF THIS  TITLE.
IF  IN THE EXERCISE OF REASONABLE DILIGENCE THIS INFORMATION IS UNAVAIL-
ABLE FOR DISCLOSURE WITHIN THE TIME PERIOD SPECIFIED  IN  THIS  SUBDIVI-
SION, THAT PERIOD SHALL BE STAYED WITHOUT NEED FOR A MOTION; EXCEPT THAT
THE  DISCLOSURE  SHALL BE MADE AS SOON AS PRACTICABLE AND NOT LATER THAN
THIRTY CALENDAR DAYS BEFORE A SCHEDULED TRIAL DATE, UNLESS AN  ORDER  IS
OBTAINED.
  2.    The defense shall make a diligent good faith effort to make such
property available for discovery where it exists but the property is not
within its possession, custody or control, provided, that the  defendant
shall not be required to obtain by subpoena duces tecum demanded materi-
al that the prosecutor may thereby obtain.
  § 5. Section 240.35 of the criminal procedure law, as added by chapter
412 of the laws of 1979, is amended to read as follows:
§ 240.35  Discovery; refusal [of demand] TO DISCLOSE.
  Notwithstanding  the provisions of sections 240.20, 240.21, and 240.30
OF THIS ARTICLE, the prosecutor or the defendant, as the  case  may  be,
may  refuse to disclose any information which [he] THAT PARTY reasonably
believes is not discoverable [by  a  demand  to  produce],  pursuant  to
[section  240.20  or section 240.30 as the case may be,] THIS ARTICLE or
for which [he] THE PARTY reasonably believes a  protective  order  OR  A
RIGHT  TO REDACTION would be warranted.  Such refusal shall be made in a
writing, which shall set forth the grounds of such belief  as  fully  as
possible,  consistent  with  the  objective of the refusal.  The writing
shall be served upon the [demanding] OTHER party and  a  copy  shall  be
filed  with  the  court.   SUCH REFUSAL SHALL BE MADE WITHIN THE TIME BY
WHICH DISCLOSURE IS REQUIRED, BUT MAY BE MADE AFTER THAT  TIME,  AS  THE
COURT MAY DETERMINE IS REQUIRED IN THE INTEREST OF JUSTICE.
  § 6. Section 240.40 of the criminal procedure law, as added by chapter
412  of  the laws of 1979, subdivision 1 as amended by chapter 19 of the
laws of 2012, the opening paragraph of subdivision 2 as amended by chap-
ter 317 of the laws of 1983, and the closing paragraph of subdivision  2
as  amended  by  chapter  481 of the laws of 1983, is amended to read as
follows:
§ 240.40 Discovery; upon court order.
  1. Upon [motion] APPLICATION of a defendant against  whom  an  indict-
ment, superior court information, prosecutor's information, information,
or  simplified  information charging a misdemeanor is pending, the court
in which such accusatory instrument is pending:
  (a) must order discovery as to any  material  not  disclosed  [upon  a
demand]  pursuant  to  section 240.20, if it finds that the prosecutor's
refusal to disclose such material is not justified; (b) must, unless  it
is  satisfied that the [people have] PROSECUTOR HAS shown good cause why
such an order should not be issued, order discovery or ISSUE  any  other
order authorized by subdivision one of section 240.70 as to any material
not  disclosed [upon demand] pursuant to section 240.20 where the prose-
cutor has failed to serve a timely written refusal pursuant  to  section
240.35;  (c)  may  order  discovery  with respect to any other property,
which the people intend to introduce at the trial, upon a showing by the
defendant that discovery with respect to such property  is  material  to
the  preparation  of his or her defense, and that the request is reason-
able; and (d) where property in the  people's  possession,  custody,  or

S. 7505--A                         32                         A. 9505--A

control  that  consists  of  a  deoxyribonucleic  acid  ("DNA")  profile
obtained from probative biological material gathered in connection  with
the  investigation  or  prosecution  of  the defendant and the defendant
establishes  that  such profile complies with federal bureau of investi-
gation or state requirements,  whichever  are  applicable  and  as  such
requirements  are applied to law enforcement agencies seeking a keyboard
search or similar comparison, and that the data meets  state  DNA  index
system  or  national  DNA  index  system  criteria  as such criteria are
applied to law enforcement agencies seeking such a  keyboard  search  or
similar comparison, the court may order an entity that has access to the
combined  DNA  index  system or its successor system to compare such DNA
profile against DNA databanks by keyboard searches, or a similar  method
that  does  not  involve  uploading, upon notice to both parties and the
entity required to perform the search, upon a showing by  the  defendant
that  such  a  comparison  is material to the presentation of his or her
defense and that the request is reasonable. For purposes of  this  para-
graph,  a "keyboard search" shall mean a search of a DNA profile against
the databank in which the profile that is searched is not uploaded to or
maintained in the databank. Upon granting the motion pursuant  to  para-
graph  (c)  of  this  subdivision,  the  court shall, upon motion of the
people showing such to be material to the preparation of their case  and
that  the  request  is  reasonable,  condition its order of discovery by
further directing discovery by the people of property, of the same  kind
or  character as that authorized to be inspected by the defendant, which
he or she intends to introduce at the trial.  THE PROSECUTOR MAY  REDACT
ANY  SUCH PROPERTY AND THE COURT MAY REVIEW THAT REDACTION, AS SET FORTH
IN THIS ARTICLE.
  2. Upon motion of the prosecutor, and subject to constitutional  limi-
tation,  the  court  in which an indictment, superior court information,
prosecutor's information, information, or simplified information  charg-
ing a misdemeanor is pending: (a) must order discovery as to any proper-
ty not disclosed [upon a demand] pursuant to section 240.30, if it finds
that the defendant's refusal to disclose such material is not justified;
and  (b)  may  order  the defendant to provide non-testimonial evidence.
Such order may, among other things, require the defendant to:
  (i) Appear in a line-up;
  (ii) Speak for identification by A witness or A potential witness;
  (iii) Be fingerprinted;
  (iv) Pose for photographs not involving reenactment of an event;
  (v) Permit the taking of samples of blood,  hair  or  other  materials
from his OR HER body in a manner not involving an unreasonable intrusion
thereof or a risk of serious physical injury thereto;
  (vi) Provide specimens of his OR HER handwriting;
  (vii)  Submit to a reasonable physical or medical inspection of his OR
HER body.
  This subdivision shall not be construed to limit, expand, or otherwise
affect the issuance of a similar court order, as may  be  authorized  by
law,  before the filing of an accusatory instrument consistent with such
rights as the defendant may derive from the constitution of  this  state
or of the United States. This section shall not be construed to limit or
otherwise  affect  the [adminstration] ADMINISTRATION of a chemical test
where otherwise authorized pursuant to section one thousand one  hundred
ninety-four-a of the vehicle and traffic law.
  3.  An order pursuant to this section may be denied, limited or condi-
tioned as provided in section 240.50 OF THIS ARTICLE.

S. 7505--A                         33                         A. 9505--A

  § 7. Section 240.43 of the criminal procedure law, as added by chapter
222 of the laws of 1987, is amended to read as follows:
§  240.43  Discovery; disclosure of prior uncharged criminal, vicious or
             immoral acts.
  Upon a request by a defendant, the prosecutor shall notify the defend-
ant of all specific instances of a defendant's prior uncharged criminal,
vicious or immoral conduct of which the  prosecutor  has  knowledge  and
which  the prosecutor intends to use at trial for purposes of impeaching
the credibility of the defendant.  Such notification by  the  prosecutor
shall  be made [immediately prior to the commencement of jury selection,
except that the court may, in its discretion,  order  such  notification
and  make  its  determination  as  to  the admissibility for impeachment
purposes of such conduct within a period of three days, excluding Satur-
days, Sundays and holidays,] FIFTEEN DAYS prior to the  commencement  of
jury selection.
  § 8. The opening paragraph of section 240.44 of the criminal procedure
law,  as added by chapter 558 of the laws of 1982, is amended to read as
follows:
  Subject to a  protective order OR THE RIGHT TO REDACTION,  at  a  pre-
trial  hearing  held in a criminal court at which a witness is called to
testify, each party, at the conclusion of the direct examination of each
of its witnesses, shall, upon request of the other party, make available
to that party to the extent not previously disclosed:
  § 9. Section 240.45 of the criminal procedure law, as amended by chap-
ter 558 of the laws 1982, paragraph (a) of subdivision 1 as  amended  by
chapter 804 of the laws 1984, is amended to read as follows:
§ 240.45 Discovery; upon trial, of prior statements and criminal history
        of witnesses.
  1.  [After the jury has been sworn and before the prosecutor's opening
address,  or  in the case of a single judge trial after commencement and
before submission of evidence, the] THE prosecutor shall, subject  to  a
protective  order OR RIGHT TO REDACTION, make available to the defendant
FIFTEEN DAYS PRIOR TO THE COMMENCEMENT OF JURY SELECTION:
  (a)  Any written or recorded statement, including any testimony before
a grand jury and an examination videotaped pursuant to section 190.32 of
this chapter, made by a person whom the prosecutor intends to call as  a
witness  at  trial,  and  which  relates  to  the  subject matter of the
witness's testimony;
  (b)  A record of judgment of conviction of a witness the people intend
to call at trial if the record of conviction is known by the  prosecutor
to exist;
  (c)    The  existence of any pending criminal action against a witness
the people intend to call at trial, if the pending  criminal  action  is
known by the prosecutor to exist.
  The provisions of paragraphs (b) and (c) of this subdivision shall not
be  construed  to  require  the  prosecutor  to fingerprint a witness or
otherwise cause the division of criminal justice services or  other  law
enforcement agency or court to issue a report concerning a witness.
  2.  [After  presentation  of  the  people's direct case and before the
presentation of the defendant's direct case, the] THE  defendant  shall,
subject  to  a protective order OR RIGHT TO REDACTION, make available to
the prosecutor WITHIN FIFTEEN DAYS PRIOR TO  THE  COMMENCEMENT  OF  JURY
SELECTION:
  (a)  any written or recorded statement made by a person other than the
defendant whom the defendant intends to call as a witness at the  trial,
and which relates to the subject matter of the witness's testimony;

S. 7505--A                         34                         A. 9505--A

  (b)  a  record  of judgment of conviction of a witness, other than the
defendant, the defendant intends to call  at  trial  if  the  record  of
conviction is known by the defendant to exist;
  (c)  the  existence  of any pending criminal action against a witness,
other than the defendant, the defendant intends to call at trial, if the
pending criminal action is known by the defendant to exist.
  § 10. Section 240.50 of the criminal procedure law, as added by  chap-
ter  412 of the laws of 1979, subdivision 4 as amended by chapter 348 of
the laws of 1985, is amended to read as follows:
§ 240.50  Discovery; protective orders.
  1. The court in which the criminal action is pending may, upon  motion
of  either  party, or of any affected person, or upon determination of a
motion of either party for an order of discovery, or upon its own initi-
ative, issue a protective order denying, limiting, conditioning,  delay-
ing  or  regulating  discovery  pursuant to this article for good cause,
including constitutional limitations, danger to the integrity  of  phys-
ical  evidence  or  a  substantial  risk of physical harm, intimidation,
economic reprisal, bribery or unjustified annoyance or embarrassment  to
any  person  or  an  adverse  effect  upon  the  legitimate needs of law
enforcement, including the protection of the confidentiality  of  infor-
mants,  OR  DANGER TO ANY PERSON STEMMING FROM FACTORS SUCH AS A DEFEND-
ANT'S GANG AFFILIATION, PRIOR HISTORY OF INTERFERING WITH WITNESSES,  OR
THREATS  OR INTIMIDATING ACTIONS DIRECTED AT POTENTIAL WITNESSES, or any
other factor or set of factors which outweighs  the  usefulness  of  the
discovery.
  2.  An  order limiting, conditioning, delaying or regulating discovery
may, among other things, require that any  material  copied  or  derived
therefrom  be maintained in the exclusive possession of the attorney for
the discovering party and be used for the exclusive purpose of preparing
for the defense or prosecution of the criminal action.
  3. A motion for a protective order  shall  suspend  discovery  of  the
particular matter in dispute.
  4.  Notwithstanding  any other provision of this article, the personal
residence address of a police officer or correction officer shall not be
required to be disclosed except pursuant to an order issued by  a  court
following a finding of good cause.
  5.  (A)  A  PARTY  THAT  HAS  UNSUCCESSFULLY SOUGHT, OR UNSUCCESSFULLY
OPPOSED THE GRANTING OF, A PROTECTIVE ORDER UNDER THIS SECTION  RELATING
TO  THE NAME, ADDRESS, CONTACT INFORMATION OR STATEMENTS OF A PERSON MAY
OBTAIN EXPEDITED REVIEW OF THAT RULING BY AN INDIVIDUAL JUSTICE  OF  THE
INTERMEDIATE  APPELLATE  COURT  TO  WHICH  AN  APPEAL FROM A JUDGMENT OF
CONVICTION IN THE CASE WOULD BE TAKEN.
  (B) SUCH REVIEW SHALL BE  SOUGHT  WITHIN  TWO  BUSINESS  DAYS  OF  THE
ADVERSE  OR  PARTIALLY ADVERSE RULING, BY ORDER TO SHOW CAUSE FILED WITH
THE INTERMEDIATE APPELLATE COURT. THE ORDER TO SHOW CAUSE SHALL IN ADDI-
TION BE TIMELY SERVED ON THE LOWER COURT AND ON THE OPPOSING PARTY,  AND
SHALL  BE  ACCOMPANIED  BY A SWORN AFFIRMATION STATING IN GOOD FAITH (I)
THAT THE RULING AFFECTS SUBSTANTIAL INTERESTS, AND  (II)  THAT  DILIGENT
EFFORTS  TO  REACH  AN ACCOMMODATION OF THE UNDERLYING DISCOVERY DISPUTE
WITH OPPOSING COUNSEL FAILED OR  THAT  NO  ACCOMMODATION  WAS  FEASIBLE;
EXCEPT  THAT  SERVICE  ON  THE OPPOSING PARTY, AND A STATEMENT REGARDING
EFFORTS TO REACH AN ACCOMMODATION, ARE UNNECESSARY  WHERE  THE  OPPOSING
PARTY  WAS  NOT MADE AWARE OF THE APPLICATION FOR A PROTECTIVE ORDER AND
GOOD CAUSE EXISTS FOR OMITTING SERVICE OF THE ORDER TO SHOW CAUSE ON THE
OPPOSING PARTY. THE LOWER COURT'S  ORDER  SUBJECT  TO  REVIEW  SHALL  BE
STAYED UNTIL THE APPELLATE JUSTICE RENDERS A DECISION.

S. 7505--A                         35                         A. 9505--A

  (C)  THE  ASSIGNMENT OF THE INDIVIDUAL APPELLATE JUSTICE, AND THE MODE
OF AND PROCEDURE FOR THE REVIEW, ARE DETERMINED BY RULES OF THE INDIVID-
UAL APPELLATE COURTS. THE APPELLATE JUSTICE MAY  CONSIDER  ANY  RELEVANT
AND  RELIABLE  INFORMATION  BEARING  ON THE ISSUE, AND MAY DISPENSE WITH
WRITTEN  BRIEFS  OTHER THAN SUPPORTING AND OPPOSING MATERIALS PREVIOUSLY
SUBMITTED TO THE LOWER COURT. THE APPELLATE JUSTICE  MAY  DISPENSE  WITH
THE  ISSUANCE OF A WRITTEN OPINION IN RENDERING HIS OR HER DECISION, AND
WHEN PRACTICABLE SHALL RENDER DECISION EXPEDITIOUSLY.   SUCH REVIEW  AND
DECISION  SHALL  NOT  AFFECT  THE  RIGHT OF A DEFENDANT, IN A SUBSEQUENT
APPEAL FROM A JUDGMENT OF CONVICTION,  TO  CLAIM  AS  ERROR  THE  RULING
REVIEWED.
  6.  ANY PROTECTIVE ORDER ISSUED UNDER THIS ARTICLE IS A MANDATE OF THE
COURT FOR PURPOSES OF THE OFFENSE OF CRIMINAL  CONTEMPT  IN  SUBDIVISION
THREE OF SECTION 215.50 OF THE PENAL LAW.
  §  11.  The  criminal procedure law is amended by adding a new section
240.51 to read as follows:
§ 240.51 DISCOVERY; RIGHT TO REDACTION.
  1.  ANY  PROPERTY,  MATERIAL,  REPORT  OR  STATEMENT  REQUIRED  TO  BE
DISCLOSED UNDER THIS ARTICLE MAY BE REDACTED BY THE PROSECUTOR TO ELIMI-
NATE  INFORMATION, THE DISCLOSURE OF WHICH COULD INTERFERE WITH AN ONGO-
ING INVESTIGATION OR CASE.
  (A) UPON APPLICATION OF THE DEFENDANT, SUCH REDACTION MAY BE  REVIEWED
BY THE COURT AND DISCLOSURE MAY BE ORDERED, UNLESS THE PROSECUTOR DEMON-
STRATES THAT DISCLOSURE OF THE REDACTED INFORMATION COULD INTERFERE WITH
AN  ONGOING INVESTIGATION OR CASE OR DEMONSTRATES THE NEED FOR ANY OTHER
PROTECTIVE ORDER. UPON APPLICATION BY EITHER PARTY, THE COURT MAY REVIEW
ANY SUCH REDACTION IN AN EX PARTE, IN CAMERA, PROCEEDING.  IN  ASSESSING
WHETHER  THE  PROSECUTOR  DEMONSTRATES  THAT  DISCLOSURE OF THE REDACTED
INFORMATION COULD INTERFERE WITH AN ONGOING INVESTIGATION OR  CASE,  THE
COURT MAY CONSIDER:
  (I) THE PENDING CHARGES AGAINST DEFENDANT;
  (II) DEFENDANT'S CHARACTER, REPUTATION;
  (III) DEFENDANT'S CRIMINAL RECORD, IF ANY;
  (IV)  DEFENDANT'S RECORD OF PREVIOUS ADJUDICATION AS A JUVENILE DELIN-
QUENT, AS RETAINED PURSUANT TO SECTION 354.2 OF THE  FAMILY  COURT  ACT,
OR, OF PENDING CASES WHERE FINGERPRINTS ARE RETAINED PURSUANT TO SECTION
306.1 OF SUCH ACT, OR A YOUTHFUL OFFENDER, IF ANY;
  (V)  WHERE  THE  DEFENDANT IS CHARGED WITH A CRIME OR CRIMES AGAINST A
MEMBER OR MEMBERS OF THE SAME  FAMILY  OR  HOUSEHOLD  AS  THAT  TERM  IS
DEFINED  IN  SUBDIVISION  ONE  OF  SECTION  530.11  OF THIS CHAPTER, THE
FOLLOWING FACTORS:
  (A) ANY VIOLATION BY THE DEFENDANT OF AN  ORDER  OF  PROTECTION  OF  A
MEMBER  OR  MEMBERS  OF  THE  SAME  FAMILY  OR HOUSEHOLD AS THAT TERM IS
DEFINED IN SUBDIVISION ONE OF SECTION 530.11 OF THIS CHAPTER, WHETHER OR
NOT SUCH ORDER OF PROTECTION IS CURRENTLY IN EFFECT; AND
  (B) THE DEFENDANT'S HISTORY OF USE OR POSSESSION OF A FIREARM;
  (VI) THE WEIGHT OF THE EVIDENCE AGAINST THE DEFENDANT IN  THE  PENDING
CRIMINAL  ACTION AND ANY OTHER FACTOR INDICATING PROBABILITY OR IMPROBA-
BILITY OF CONVICTION;
  (VII) THE SENTENCE WHICH MAY BE OR HAS BEEN IMPOSED UPON CONVICTION;
  (VIII) WITNESS' DESIRE TO HAVE IDENTITY REMAIN CONFIDENTIAL;
  (IX) WITNESS' ROLE IN THE PROCEEDING;
  (X) PUBLIC SAFETY;
  (XI) DEFENDANT'S AFFILIATION  WITH  ANY  GANGS  OR  ORGANIZATIONS  AND
WHETHER  THE  GANG  OR  ORGANIZATION HAS ANY HISTORY OF INTERFERING WITH
WITNESSES OR INTIMIDATING WITNESSES;

S. 7505--A                         36                         A. 9505--A

  (XII) ANY HISTORY OF DEFENDANT, OR THOSE  AFFILIATED  WITH  DEFENDANT,
INTERFERING WITH WITNESSES OR INTIMIDATING WITNESSES; AND
  (XIII)  DEFENDANT'S  CONSTITUTIONAL  RIGHT  UNDER BOTH THE FEDERAL AND
STATE CONSTITUTION TO PRESENT A DEFENSE.
  (B) ANY REPORT THAT IS REDACTED PURSUANT TO THIS SUBDIVISION SHALL  SO
INDICATE,  UNLESS THE COURT ORDERS OTHERWISE, IN THE INTEREST OF JUSTICE
FOR GOOD CAUSE SHOWN, INCLUDING THE PROTECTION OF WITNESSES OR MAINTAIN-
ING THE CONFIDENTIALITY OF AN ONGOING INVESTIGATION.
  (C) ANY  PROPERTY,  MATERIAL,  REPORT  OR  STATEMENT  REQUIRED  TO  BE
DISCLOSED UNDER THIS ARTICLE MAY BE REDACTED BY THE PROSECUTOR TO ELIMI-
NATE THE NAME, ADDRESS, OR ANY OTHER INFORMATION THAT SERVES TO IDENTIFY
WITH PARTICULARITY A PERSON SUPPLYING INFORMATION RELATING TO THE CRIMI-
NAL ACTION OR PROCEEDING AGAINST THE DEFENDANT.
  2. NOTHING IN THIS SECTION SHALL BE CONSTRUED TO CREATE, LIMIT, EXPAND
OR  IN ANY WAY AFFECT ANY AUTHORITY THAT THE COURT OTHERWISE MAY HAVE TO
ORDER PRE-TRIAL DISCLOSURE OF THE IDENTITY OR ADDRESS OF A WITNESS.
  3. UPON MOTION OF A PARTY IN AN INDIVIDUAL CASE, THE COURT  MAY  ALTER
THE TIME PERIODS FOR DISCOVERY IMPOSED BY THIS ARTICLE UPON A SHOWING OF
GOOD CAUSE.
  §  12. Section 240.60 of the criminal procedure law, as added by chap-
ter 412 of the laws of 1979, is amended to read as follows:
§ 240.60 Discovery; continuing duty to disclose.
  If, after complying with the provisions of this article  or  an  order
pursuant  thereto,  a  party finds, either before or during trial, addi-
tional material subject to discovery or covered by such order, [he]  THE
PARTY  shall  promptly  MAKE DISCLOSURE OF SUCH MATERIAL AND comply with
[the demand or order, refuse to comply with the demand where refusal  is
authorized] THIS ARTICLE, or apply for a protective order.
  §  13.  Subdivision 1 of section 240.70 of the criminal procedure law,
as added by chapter 412 of the laws of  1979,  is  amended  to  read  as
follows:
  1.  If,  during  the  course of discovery proceedings, the court finds
that a party has failed to comply with any of  the  provisions  of  this
article, the court may order such party to permit discovery of the prop-
erty  not  previously disclosed, grant a continuance, issue a protective
order, GRANT AN ADVERSE INFERENCE INSTRUCTION  TO  THE  TRIER  OF  FACT,
prohibit  the introduction of certain evidence or the calling of certain
witnesses or take any other appropriate action.
  § 14. Section 240.80 of the criminal procedure law is REPEALED.
  § 15. The penal law is amended by adding a new section 215.07 to  read
as follows:
§ 215.07 TAMPERING  WITH  OR  INTIMIDATING  A  VICTIM OR WITNESS THROUGH
           SOCIAL MEDIA.
  1. A PERSON IS GUILTY OF TAMPERING WITH OR INTIMIDATING  A  VICTIM  OR
WITNESS  THROUGH SOCIAL MEDIA WHEN HE OR SHE DISSEMINATES INFORMATION ON
SOCIAL MEDIA WITH THE INTENT TO INDUCE A WITNESS OR VICTIM:
  (A) TO ABSENT HIMSELF OR HERSELF FROM, OR OTHERWISE TO AVOID  OR  SEEK
TO AVOID APPEARING AT, PRODUCING RECORDS, DOCUMENTS OR OTHER OBJECTS FOR
USE AT, OR TESTIFYING AT A CRIMINAL ACTION OR PROCEEDING; OR
  (B) REFRAIN FROM COMMUNICATING INFORMATION OR PRODUCING RECORDS, DOCU-
MENTS  OR  OTHER  OBJECTS  TO  ANY COURT, GRAND JURY, PROSECUTOR, POLICE
OFFICER OR PEACE OFFICER CONCERNING A CRIMINAL TRANSACTION.
  2. SOCIAL MEDIA INCLUDES, BUT IS NOT LIMITED TO FORMS OF COMMUNICATION
THROUGH WHICH USERS PARTICIPATE IN ONLINE COMMUNITIES TO SHARE  INFORMA-
TION, IDEAS, PERSONAL MESSAGES, AND OTHER CONTENT.

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  TAMPERING  WITH  OR  INTIMIDATING  A  VICTIM OR WITNESS THROUGH SOCIAL
MEDIA IS A CLASS A MISDEMEANOR.
  §  16.  Section  215.10  of the penal law, the section heading and the
closing paragraph as amended by chapter 664 of  the  laws  of  1982,  is
amended to read as follows:
§ 215.10 Tampering with a witness in the [fourth] FIFTH degree.
  A  person  is  guilty  of tampering with a witness IN THE FIFTH DEGREE
when, knowing that a person [is or is about  to]  MAY  be  called  as  a
witness  in an action or proceeding, (a) he OR SHE wrongfully induces or
attempts to induce such person to absent himself  OR  HERSELF  from,  or
otherwise  to  avoid  or  seek to avoid appearing AT, PRODUCING RECORDS,
DOCUMENTS OR OTHER OBJECTS FOR USE AT or testifying at, such  action  or
proceeding,  or  (b)  he  OR  SHE knowingly makes any false statement or
practices any fraud or deceit with intent to  affect  the  testimony  of
such person.
  Tampering  with  a  witness  in the [fourth] FIFTH degree is a class A
misdemeanor.
  § 17. Section 215.11 of the penal law, as added by chapter 664 of  the
laws of 1982, is amended to read as follows:
§ 215.11 Tampering with a witness in the [third] FOURTH degree.
  A  person  is guilty of tampering with a witness in the [third] FOURTH
degree when, knowing that a person [is about to]  MAY  be  called  as  a
witness in a criminal proceeding:
  1.  He  OR SHE wrongfully compels or attempts to compel such person to
absent himself from, or otherwise to avoid or seek  to  avoid  appearing
AT, PRODUCING RECORDS, DOCUMENTS OR OTHER OBJECTS FOR USE AT or testify-
ing  at such proceeding by means of instilling in him OR HER a fear that
the actor will cause physical injury to such person or  another  person;
or
  2.  He  OR SHE wrongfully compels or attempts to compel such person to
swear falsely OR ALTER, DESTROY, MUTILATE OR CONCEAL AN OBJECT WITH  THE
INTENT  TO IMPAIR THE INTEGRITY OR AVAILABILITY OF THE OBJECT FOR USE IN
THE ACTION OR PROCEEDING by means of instilling in him  OR  HER  a  fear
that  the  actor  will  cause  physical injury to such person or another
person.
  Tampering with a witness in the [third] FOURTH degree  is  a  class  E
felony.
  §  18. Section 215.12 of the penal law, as added by chapter 664 of the
laws of 1982, is amended to read as follows:
§ 215.12 Tampering with a witness in the [second] THIRD degree.
  A person is guilty of tampering with a witness in the  [second]  THIRD
degree when he OR SHE:
  1.  Intentionally  causes  OR  ATTEMPTS  TO CAUSE physical injury to a
person for the purpose of obstructing, delaying, preventing or  impeding
the  giving  of  testimony  in  a  criminal proceeding by such person or
another person or for the purpose of compelling such person  or  another
person to swear falsely OR ALTER, DESTROY, MUTILATE OR CONCEAL AN OBJECT
WITH  THE  INTENT  TO IMPAIR THE INTEGRITY OR AVAILABILITY OF THE OBJECT
FOR USE IN THE ACTION OR PROCEEDING; or
  2. [He intentionally] INTENTIONALLY causes OR ATTEMPTS TO CAUSE  phys-
ical  injury  to  a  person  on account of such person or another person
having testified in a criminal proceeding OR PRODUCED RECORDS, DOCUMENTS
OR OTHER OBJECTS FOR USE IN A CRIMINAL PROCEEDING.
  Tampering with a witness in the [second] THIRD degree  is  a  class  D
felony.

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  §  19. Section 215.13 of the penal law, as added by chapter 664 of the
laws of 1982, is amended to read as follows:
§ 215.13 Tampering with a witness in the [first] SECOND degree.
  A  person  is guilty of tampering with a witness in the [first] SECOND
degree when:
  1. He OR SHE intentionally causes OR ATTEMPTS TO CAUSE  serious  phys-
ical  injury  to  a  person  for  the  purpose of obstructing, delaying,
preventing or impeding the giving of testimony in a criminal  proceeding
by  such  person or another person or for the purpose of compelling such
person or another person to swear falsely OR ALTER, DESTROY, MUTILATE OR
CONCEAL AN OBJECT WITH THE INTENT TO IMPAIR THE INTEGRITY OR AVAILABILI-
TY OF THE OBJECT FOR USE IN THE ACTION OR PROCEEDING; or
  2. He OR SHE intentionally causes OR ATTEMPTS TO CAUSE  serious  phys-
ical  injury  to  a  person  on account of such person or another person
having testified in a criminal proceeding OR PRODUCED RECORDS, DOCUMENTS
OR OTHER OBJECTS FOR USE IN A CRIMINAL PROCEEDING.
  Tampering with a witness in the [first] SECOND degree  is  a  class  B
felony.
  §  20.  The  penal  law is amended by adding a new section 215.13-a to
read as follows:
§ 215.13-A TAMPERING WITH A WITNESS IN THE FIRST DEGREE.
  A PERSON IS GUILTY OF TAMPERING WITH A WITNESS  IN  THE  FIRST  DEGREE
WHEN:
  1.  HE OR SHE INTENTIONALLY CAUSES OR ATTEMPTS TO CAUSE THE DEATH OF A
PERSON FOR THE PURPOSE OF OBSTRUCTING, DELAYING, PREVENTING OR  IMPEDING
THE  GIVING  OF  TESTIMONY  IN  A  CRIMINAL PROCEEDING BY SUCH PERSON OR
ANOTHER PERSON OR FOR THE PURPOSE OF COMPELLING SUCH PERSON  OR  ANOTHER
PERSON TO SWEAR FALSELY OR ALTER, DESTROY, MUTILATE OR CONCEAL AN OBJECT
WITH  THE  INTENT  TO IMPAIR THE INTEGRITY OR AVAILABILITY OF THE OBJECT
FOR USE IN THE ACTION OR PROCEEDING; OR
  2. HE OR SHE INTENTIONALLY CAUSES OR ATTEMPTS TO CAUSE THE DEATH OF  A
PERSON ON ACCOUNT OF SUCH PERSON OR ANOTHER PERSON HAVING TESTIFIED IN A
CRIMINAL  PROCEEDING OR PRODUCED RECORDS, DOCUMENTS OR OTHER OBJECTS FOR
USE IN A CRIMINAL PROCEEDING.
  TAMPERING WITH A WITNESS IN THE FIRST DEGREE IS A CLASS A-I FELONY.
  § 21. Section 215.15 of the penal law, as added by chapter 667 of  the
laws of 1985, is amended to read as follows:
§ 215.15 Intimidating a victim or witness in the [third] FOURTH degree.
  A  person is guilty of intimidating a victim or witness in the [third]
FOURTH degree when, knowing that another  person  possesses  information
RECORDS,  DOCUMENTS  OR OTHER OBJECTS relating to a criminal transaction
and other than in the course of that criminal transaction  or  immediate
flight therefrom, he OR SHE:
  1.  Wrongfully  compels  or  attempts  to  compel such other person to
refrain from communicating such information OR PRODUCING RECORDS,  DOCU-
MENTS OR OBJECTS to any court, grand jury, prosecutor, police officer or
peace  officer  by means of instilling in him a fear that the actor will
cause physical injury to such other person or another person; or
  2. Intentionally damages the property of such other person or  another
person for the purpose of compelling such other person or another person
to  refrain  from  communicating INFORMATION OR PRODUCING RECORDS, DOCU-
MENTS OR OTHER OBJECTS, or on account of such other  person  or  another
person having communicated[,] information OR PRODUCED RECORDS, DOCUMENTS
OR  OTHER  OBJECTS,  relating to that criminal transaction to any court,
grand jury, prosecutor, police officer or peace officer; OR

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  3. INTENTIONALLY DISTRIBUTES OR POSTS THROUGH THE INTERNET  OR  SOCIAL
MEDIA,  INCLUDING  ANY FORM OF COMMUNICATION THROUGH WHICH USERS PARTIC-
IPATE IN  ONLINE  COMMUNITIES  TO  SHARE  INFORMATION,  IDEAS,  PERSONAL
MESSAGES  AND  OTHER  CONTENT,  COPIES OF A VICTIM OR WITNESS STATEMENT,
INCLUDING  BUT  NOT  LIMITED TO TRANSCRIPTS OF GRAND JURY TESTIMONY OR A
WRITTEN STATEMENT GIVEN BY THE VICTIM OR WITNESS DURING THE COURSE OF  A
CRIMINAL  INVESTIGATION  OR PROCEEDING, OR A VISUAL IMAGE OF A VICTIM OR
WITNESS OR ANY OTHER PERSON, FOR THE PURPOSE OF COMPELLING A  PERSON  TO
REFRAIN  FROM  COMMUNICATING,  OR  ON ACCOUNT OF SUCH VICTIM, WITNESS OR
ANOTHER PERSON HAVING COMMUNICATED, INFORMATION RELATING TO THAT  CRIMI-
NAL  TRANSACTION TO ANY COURT, GRAND JURY, PROSECUTOR, POLICE OFFICER OR
PEACE OFFICER.
  Intimidating a victim or witness in the [third]  FOURTH  degree  is  a
class E felony.
  §  22. Section 215.16 of the penal law, as added by chapter 667 of the
laws of 1985, is amended to read as follows:
§ 215.16 Intimidating a victim or witness in the [second] THIRD degree.
  A person is guilty of intimidating a victim or witness in the [second]
THIRD degree when, other than in the course of that criminal transaction
or immediate flight therefrom, he OR SHE:
  1. Intentionally causes OR ATTEMPTS TO CAUSE physical injury to anoth-
er person for the purpose of obstructing, delaying, preventing or imped-
ing the communication by such other person or another person of informa-
tion OR THE PRODUCTION OF RECORDS, DOCUMENTS OR OTHER  OBJECTS  relating
to  a  criminal transaction to any court, grand jury, prosecutor, police
officer or peace officer or for the purpose  of  compelling  such  other
person or another person to swear falsely; or
  2. Intentionally causes OR ATTEMPTS TO CAUSE physical injury to anoth-
er  person  on  account  of  such  other person or another person having
communicated information OR PRODUCED RECORDS, DOCUMENTS OR OTHER OBJECTS
relating to a criminal transaction to any court, grand jury, prosecutor,
police officer or peace officer; or
  3. Recklessly causes physical  injury  to  another  person  by  inten-
tionally  damaging  the property of such other person or another person,
for the purpose of obstructing, delaying, preventing  or  impeding  such
other  person or another person from communicating OR PRODUCING RECORDS,
DOCUMENTS OR OTHER OBJECTS, or on account of such other person or anoth-
er person having communicated[,] information OR PRODUCED RECORDS,  DOCU-
MENTS OR OTHER OBJECTS, relating to a criminal transaction to any court,
grand jury, prosecutor, police officer or peace officer.
  Intimidating  a  victim  or  witness in the [second] THIRD degree is a
class D felony.
  § 23. Section 215.17 of the penal law, as added by chapter 667 of  the
laws of 1985, is amended to read as follows:
§ 215.17 Intimidating a victim or witness in the [first] SECOND degree.
  A  person is guilty of intimidating a victim or witness in the [first]
SECOND degree when, other than in the course  of  that  criminal  trans-
action or immediate flight therefrom, he OR SHE:
  1.  Intentionally  causes OR ATTEMPTS TO CAUSE serious physical injury
to another person for the purpose of obstructing,  delaying,  preventing
or  impeding the communication by such other person or another person of
information OR THE PRODUCTION OF RECORDS,  DOCUMENTS  OR  OTHER  OBJECTS
relating to a criminal transaction to any court, grand jury, prosecutor,
police  officer  or  peace officer or for the purpose of compelling such
other person or another person to swear falsely; or

S. 7505--A                         40                         A. 9505--A

  2. Intentionally causes OR ATTEMPTS TO CAUSE serious  physical  injury
to  another  person  on  account  of such other person or another person
having communicated information OR PRODUCED RECORDS, DOCUMENTS OR  OTHER
OBJECTS  relating  to  a  criminal transaction to any court, grand jury,
prosecutor, police officer or peace officer.
  Intimidating  a  victim  or  witness in the [first] SECOND degree is a
class B felony.
  § 24. The penal law is amended by adding a new section 215.18 to  read
as follows:
§ 215.18 INTIMIDATING A VICTIM OR WITNESS IN THE FIRST DEGREE.
  A  PERSON  IS  GUILTY OF INTIMIDATING A VICTIM OR WITNESS IN THE FIRST
DEGREE WHEN, OTHER THAN IN THE COURSE OF THAT  CRIMINAL  TRANSACTION  OR
IMMEDIATE FLIGHT THEREFROM, HE OR SHE:
  1.  INTENTIONALLY  CAUSES  OR  ATTEMPTS  TO CAUSE THE DEATH OF ANOTHER
PERSON FOR THE PURPOSE OF OBSTRUCTING, DELAYING, PREVENTING OR  IMPEDING
THE  COMMUNICATION BY SUCH OTHER PERSON OR ANOTHER PERSON OF INFORMATION
OR THE PRODUCTION OF RECORDS, DOCUMENTS OR OTHER OBJECTS RELATING  TO  A
CRIMINAL  TRANSACTION TO ANY COURT, GRAND JURY, PROSECUTOR, POLICE OFFI-
CER OR PEACE OFFICER OR FOR THE PURPOSE OF COMPELLING SUCH OTHER  PERSON
OR ANOTHER PERSON TO SWEAR FALSELY; OR
  2.  INTENTIONALLY  CAUSES  OR  ATTEMPTS  TO CAUSE THE DEATH OF ANOTHER
PERSON ON ACCOUNT OF SUCH OTHER PERSON OR ANOTHER PERSON HAVING COMMUNI-
CATED INFORMATION OR  PRODUCED  RECORDS,  DOCUMENTS  OR  OTHER  OBJECTS,
RELATING TO A CRIMINAL TRANSACTION TO ANY COURT, GRAND JURY, PROSECUTOR,
POLICE OFFICER OR PEACE OFFICER.
  INTIMIDATING  A  VICTIM  OR WITNESS IN THE FIRST DEGREE IS A CLASS A-I
FELONY.
  § 25. The opening paragraph of  paragraph  (b)  of  subdivision  1  of
section  440.30 of the criminal procedure law, as added by chapter 19 of
the laws of 2012, is amended to read as follows:
  In conjunction with the filing or consideration of a motion to  vacate
a  judgment  pursuant  to  section 440.10 of this article by a defendant
convicted after a trial, in cases where the court has ordered an eviden-
tiary hearing upon such motion, the court  may  order  that  the  people
produce  or make available for inspection property, as defined in subdi-
vision [three] TWO of section 240.10 of this part,  in  its  possession,
custody,  or  control  that  was secured in connection with the investi-
gation or prosecution of the defendant upon credible allegations by  the
defendant  and  a  finding by the court that such property, if obtained,
would be probative to the determination of defendant's actual innocence,
and that the request is reasonable. The court shall deny or limit such a
request upon a finding that such a request, if granted,  would  threaten
the  integrity  or  chain of custody of property or the integrity of the
processes or functions of a laboratory conducting DNA  testing,  pose  a
risk  of  harm, intimidation, embarrassment, reprisal, or other substan-
tially negative consequences to any person, undermine the  proper  func-
tions of law enforcement including the confidentiality of informants, or
on  the  basis of any other factor identified by the court in the inter-
ests of justice or public safety. The court shall  further  ensure  that
any property produced pursuant to this paragraph is subject to a protec-
tive  order,  where  appropriate.  The court shall deny any request made
pursuant to this paragraph where:
  § 26. Paragraph (a) of subdivision 2 of section 530.60 of the criminal
procedure law, as amended by chapter 794 of the laws of 1986, is amended
to read as follows:

S. 7505--A                         41                         A. 9505--A

  (a) Whenever in the course  of  a  criminal  action  or  proceeding  a
defendant  charged  with  the  commission of a felony is at liberty as a
result of an order of recognizance or bail issued pursuant to this arti-
cle it shall be grounds for revoking such order  that  the  court  finds
reasonable  cause  to believe the defendant committed one or more speci-
fied class A or violent felony  offenses  or  intimidated  a  victim  or
witness  in  violation of sections 215.15, 215.16 [or], 215.17 OR 215.18
of the penal law while at liberty. Before revoking an order of  recogni-
zance  or bail pursuant to this subdivision, the court must hold a hear-
ing and shall receive any  relevant,  admissible  evidence  not  legally
privileged.  The  defendant  may cross-examine witnesses and may present
relevant, admissible evidence on his own behalf.  Such  hearing  may  be
consolidated  with,  and conducted at the same time as, a felony hearing
conducted pursuant to article one hundred  eighty  of  this  chapter.  A
transcript of testimony taken before the grand jury upon presentation of
the  subsequent offense shall be admissible as evidence during the hear-
ing.  The district attorney may move to introduce grand  jury  testimony
of a witness in lieu of that witness' appearance at the hearing.
  § 27. Paragraph (c) of subdivision 2 of section 646-a of the executive
law,  as  added by chapter 67 of the laws of 1994, is amended to read as
follows:
  (c) the rights of crime victims to be protected from intimidation  and
to  have  the  court,  where  appropriate,  issue  protective  orders as
provided in sections 530.12 and 530.13 of the criminal procedure law and
sections 215.15, 215.16 [and], 215.17 AND 215.18 of the penal law;
  § 28. Paragraph (a) of subdivision 1 of section  70.02  of  the  penal
law,  as  amended by chapter 368 of the laws of 2015, is amended to read
as follows:
  (a) Class B violent felony offenses: an attempt to  commit  the  class
A-I  felonies  of  murder  in  the  second  degree as defined in section
125.25, kidnapping in the first degree as defined in section 135.25, and
arson in the first degree as defined in section 150.20; manslaughter  in
the  first  degree as defined in section 125.20, aggravated manslaughter
in the first degree as defined in section  125.22,  rape  in  the  first
degree  as  defined  in section 130.35, criminal sexual act in the first
degree as defined in section 130.50,  aggravated  sexual  abuse  in  the
first  degree  as  defined  in  section 130.70, course of sexual conduct
against a child in the  first  degree  as  defined  in  section  130.75;
assault  in the first degree as defined in section 120.10, kidnapping in
the second degree as defined in section 135.20, burglary  in  the  first
degree  as  defined  in  section  140.30,  arson in the second degree as
defined in section 150.15, robbery in the first  degree  as  defined  in
section  160.15, sex trafficking as defined in paragraphs (a) and (b) of
subdivision five of section  230.34,  incest  in  the  first  degree  as
defined  in section 255.27, criminal possession of a weapon in the first
degree as defined in section 265.04, criminal use of a  firearm  in  the
first degree as defined in section 265.09, criminal sale of a firearm in
the first degree as defined in section 265.13, aggravated assault upon a
police  officer  or  a  peace officer as defined in section 120.11, gang
assault in the first degree as defined in section 120.07, intimidating a
victim or witness in the [first] SECOND degree  as  defined  in  section
215.17,  hindering  prosecution  of  terrorism  in  the  first degree as
defined in section 490.35, criminal possession of a chemical  weapon  or
biological weapon in the second degree as defined in section 490.40, and
criminal  use  of  a  chemical  weapon or biological weapon in the third
degree as defined in section 490.47.

S. 7505--A                         42                         A. 9505--A

  § 29. This act shall  take  effect  on  the  first  of  November  next
succeeding the date on which it shall have become a law.

                                 PART E

  Section  1.  Subdivisions  4-a,  4-b,  9 and 10 of section 1310 of the
civil practice law and rules are REPEALED.
  § 2. Subdivision 8 of section 1310  of  the  civil  practice  law  and
rules,  as  added by chapter 669 of the laws of 1984, is amended to read
as follows:
  8. "Defendant" means a person against  whom  a  forfeiture  action  is
commenced  [and  includes  a  "criminal  defendant"  and a "non-criminal
defendant"].
  § 3. Subdivision 3-a of section 1311 of the  civil  practice  law  and
rules is REPEALED.
  §  4.  Subdivisions  1,  3,  4, 4-a and 8 of section 1311 of the civil
practice law and rules, subdivisions 1, 3, 4 and 8 as added  by  chapter
669  of  the  laws  of  1984,  the opening paragraph of subdivision 1 as
amended and subparagraph (v) of paragraph (b) and paragraphs (d) and (e)
of subdivision 3 and subdivision 4-a as added by chapter 655 of the laws
of 1990, are amended to read as follows:
  1. A civil action may be commenced by the appropriate claiming author-
ity against a [criminal] defendant to recover the property which consti-
tutes the proceeds of a crime, the substituted proceeds of a  crime,  an
instrumentality  of  a  crime  or the real property instrumentality of a
crime or to recover a money judgment in an amount equivalent in value to
the property which constitutes the proceeds of a crime, the  substituted
proceeds of a crime, an instrumentality of a crime, or the real property
instrumentality  of a crime.  [A civil action may be commenced against a
non-criminal defendant to recover the  property  which  constitutes  the
proceeds  of a crime, the substituted proceeds of a crime, an instrumen-
tality of a crime, or the  real  property  instrumentality  of  a  crime
provided,  however, that a judgment of forfeiture predicated upon clause
(A) of subparagraph (iv) of paragraph (b) of  subdivision  three  hereof
shall be limited to the amount of the proceeds of the crime.] Any action
under this article must be commenced within five years of the commission
of the crime and shall be civil, remedial, and in personam in nature and
shall  not  be  deemed  to  be  a penalty or criminal forfeiture for any
purpose.  Except  as  otherwise  specially  provided  by  statute,   the
proceedings  under  this  article  shall be governed by this chapter. An
action under this article is not a criminal proceeding and  may  not  be
deemed  to be a previous prosecution under article forty of the criminal
procedure law.
  [(a) Actions relating to post-conviction forfeiture crimes. An  action
relating  to  a post-conviction forfeiture crime must be grounded upon a
conviction of a felony defined in subdivision five of section one  thou-
sand  three hundred ten of this article, or upon criminal activity aris-
ing from a common scheme or plan of which such a conviction is  a  part,
or  upon a count of an indictment or information alleging a felony which
was dismissed at the time of a plea of guilty to a felony  in  satisfac-
tion  of  such  count.]  A  court  may  not  grant forfeiture until such
conviction has occurred. However, an action  may  be  commenced,  and  a
court  may grant a provisional remedy provided under this article, prior
to such conviction having occurred.   ANY PROPERTY  SEIZED  PURSUANT  TO
THIS  SUBDIVISION  SHALL  BE  RETURNED  TO THE DEFENDANT IF THE CRIMINAL
ACTION DOES NOT TERMINATE IN THE DEFENDANT'S CONVICTION FOR A CRIME.  An

S. 7505--A                         43                         A. 9505--A

action  under  this  paragraph must be dismissed at any time after sixty
days of the commencement of the action unless the conviction upon  which
the  action  is  grounded  has occurred, or an indictment or information
upon  which the asserted conviction is to be based is pending in a supe-
rior court. An action under this paragraph shall be  stayed  during  the
pendency of a criminal action which is related to it; provided, however,
that  such  stay  shall  not  prevent the granting or continuance of any
provisional remedy provided under this article or any  other  provisions
of law.
  [(b)  Actions  relating to pre-conviction forfeiture crimes. An action
relating to a pre-conviction forfeiture crime need not be grounded  upon
conviction of a pre-conviction forfeiture crime, provided, however, that
if the action is not grounded upon such a conviction, it shall be neces-
sary in the action for the claiming authority to prove the commission of
a  pre-conviction  forfeiture crime by clear and convincing evidence. An
action under this paragraph shall be stayed during  the  pendency  of  a
criminal  action which is related to it; provided, that upon motion of a
defendant in the forfeiture action or the claiming  authority,  a  court
may, in the interest of justice and for good cause, and with the consent
of  all  parties,  order  that the forfeiture action proceed despite the
pending criminal action; and provided that such stay shall  not  prevent
the  granting  or  continuance  of any provisional remedy provided under
this article or any other provision of law.]
  3. In a forfeiture action  pursuant  to  this  article  the  following
burdens of proof shall apply:
  (a)  In a forfeiture action [commenced by a claiming authority against
a criminal defendant, except for those facts referred  to  in  paragraph
(b)  of  subdivision  nine of section one thousand three hundred ten and
paragaph (b) of subdivision one of this section which must be proven  by
clear  and  convincing  evidence,] the burden shall be upon the claiming
authority to prove by a preponderance of the evidence the  facts  neces-
sary to establish a claim for forfeiture.
  (b)  [In a forfeiture action commenced by a claiming authority against
a non-criminal defendant:
  (i) in an action relating to a pre-conviction  forfeiture  crime,  the
burden  shall  be  upon  the  claiming  authority  to prove by clear and
convincing evidence the commission of the crime by a  person,  provided,
however,  that  it  shall not be necessary to prove the identity of such
person.
  (ii) if the action relates to the  proceeds  of  a  crime,  except  as
provided in subparagraph (i) hereof, the burden shall be upon the claim-
ing  authority  to  prove  by  a preponderance of the evidence the facts
necessary to establish a claim for forfeiture and that the  non-criminal
defendant  either  (A)  knew or should have known that the proceeds were
obtained through the commission of a crime, or (B) fraudulently obtained
his or her interest in the proceeds to avoid forfeiture.
  (iii) if the action relates to the substituted proceeds  of  a  crime,
except  as provided in subparagraph (i) hereof, the burden shall be upon
the claiming authority to prove by a preponderance of the  evidence  the
facts  necessary  to  establish a claim for forfeiture and that the non-
criminal defendant either (A) knew that the property sold  or  exchanged
to  obtain  an interest in the substituted proceeds was obtained through
the commission of a crime, or  (B)  fraudulently  obtained  his  or  her
interest in the substituted proceeds to avoid forfeiture.
  (iv) if the action relates to an instrumentality of a crime, except as
provided  for  in  subparagraph (i) hereof, the burden shall be upon the

S. 7505--A                         44                         A. 9505--A

claiming authority to prove by a preponderance of the evidence the facts
necessary to establish a claim for forfeiture and that the  non-criminal
defendant  either (A) knew that the instrumentality was or would be used
in the commission of a crime or (B) knowingly obtained his or her inter-
est in the instrumentality to avoid forfeiture.
  (v)  if  the  action  relates  to a real property instrumentality of a
crime, the burden shall be upon the claiming authority  to  prove  those
facts  referred to in subdivision four-b of section thirteen hundred ten
of this article by clear and convincing evidence. The claiming authority
shall also prove by a clear and convincing evidence that the  non-crimi-
nal  defendant  knew  that  such  property  was or would be used for the
commission of specified felony offenses, and either  (A)  knowingly  and
unlawfully benefitted from such conduct or (B) voluntarily agreed to the
use  of  such  property  for  the commission of such offenses by consent
freely given. For purposes of this subparagraph, a non-criminal  defend-
ant knowingly and unlawfully benefits from the commission of a specified
felony  offense  when  he  derives in exchange for permitting the use or
occupancy of such real property by a person or persons  committing  such
specified  offense a substantial benefit that would otherwise not accrue
as a result of the lawful use or occupancy of such real property. "Bene-
fit" means benefit as defined in subdivision seventeen of section  10.00
of the penal law.
  (c) In a forfeiture action commenced by a claiming authority against a
non-criminal  defendant  the  following  rebuttable  presumptions  shall
apply:
  (i) a non-criminal defendant who did not pay  fair  consideration  for
the  proceeds  of  a  crime,  the substituted proceeds of a crime or the
instrumentality of a crime shall be presumed to know that such  property
was  the proceeds of a crime, the substituted proceeds of a crime, or an
instrumentality of a crime.
  (ii) a non-criminal defendant who obtains an interest in the  proceeds
of  a  crime, substituted proceeds of a crime or an instrumentality of a
crime with knowledge of an order of provisional remedy relating to  said
property issued pursuant to this article, shall be presumed to know that
such  property  was  the  proceeds of a crime, substituted proceeds of a
crime, or an instrumentality of a crime.
  (iii) in an action relating to a post-conviction forfeiture  crime,  a
non-criminal  defendant  who  the claiming authority proves by clear and
convincing evidence has criminal liability under section  20.00  of  the
penal  law  for the crime of conviction or for criminal activity arising
from a common scheme or plan of which such  crime  is  a  part  and  who
possesses  an  interest in the proceeds, the substituted proceeds, or an
instrumentality of such criminal activity is presumed to know that  such
property  was  the  proceeds  of  a crime, the substituted proceeds of a
crime, or an instrumentality of a crime.
  (iv) a non-criminal defendant who participated in or was  aware  of  a
scheme  to  conceal  or  disguise  the manner in which said non-criminal
obtained his or her interest in the proceeds  of  a  crime,  substituted
proceeds  of  a  crime,  or an instrumentality of a crime is presumed to
know that such property was the proceeds of  a  crime,  the  substituted
proceeds of a crime, or an instrumentality of a crime.
  (d)]  In a forfeiture action commenced by a claiming authority against
a defendant, the  following  rebuttable  presumption  shall  apply:  all
currency  or  negotiable  instruments  payable  to  the  bearer shall be
presumed to be the proceeds of a pre-conviction  forfeiture  crime  when
such currency or negotiable instruments are (i) found in close proximity

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to  a  controlled  substance unlawfully possessed by the defendant in an
amount sufficient to constitute a violation of section 220.18 or  220.21
of  the penal law, or (ii) found in close proximity to any quantity of a
controlled substance or marihuana unlawfully possessed by such defendant
in  a  room,  other than a public place, under circumstances evincing an
intent to unlawfully mix, compound,  distribute,  package  or  otherwise
prepare for sale such controlled substance or marihuana.
  [(e)] (C) The presumption set forth pursuant to paragraph [(d)] (B) of
this  subdivision  shall  be  rebutted by credible and reliable evidence
which tends to show that such currency or negotiable instrument  payable
to the bearer is not the proceeds of a [preconviction forfeiture] crime.
In  an  action tried before a jury, the jury shall be so instructed. Any
sworn testimony of a defendant offered to rebut the presumption and  any
other evidence which is obtained as a result of such testimony, shall be
inadmissible  in  any  subsequent  proceeding relating to the forfeiture
action, or in any other civil or criminal action,  except  in  a  prose-
cution  for  a violation of article two hundred ten of the penal law. In
an action tried before a jury, at the commencement of the trial,  or  at
such  other time as the court reasonably directs, the claiming authority
shall provide notice to the court and to the defendant of its intent  to
request that the court charge such presumption.
  4.  The court in which a forfeiture action is pending may dismiss said
action in the interests of justice upon its own motion or upon an appli-
cation as provided for herein.
  (a) At any time during the pendency of a forfeiture action, the claim-
ing authority who instituted the action, or a defendant  may  (i)  apply
for  an  order  dismissing  the complaint and terminating the forfeiture
action in the interest of justice, or (ii) may apply for an order limit-
ing the forfeiture to an amount equivalent in  value  to  the  value  of
property constituting the proceeds or substituted proceeds of a crime in
the interest of justice.
  (b)  Such  application for the relief provided in paragraph (a) hereof
must be made in writing and upon notice to all parties. The  court  may,
in  its  discretion,  direct  that  notice  be given to any other person
having an interest in the property.
  (c) An application for the relief provided for in paragraph (a) hereof
must be brought exclusively in the superior court in which  the  forfei-
ture action is pending.
  (d) The court may grant the relief provided in paragraph (a) hereof if
it  finds that such relief is warranted by the existence of some compel-
ling factor, consideration or circumstance demonstrating that forfeiture
of the property [of] OR any part thereof, would not serve  the  ends  of
justice.  Among  the factors, considerations and circumstances the court
may consider, among others, are:
  (i) the seriousness and circumstances of the crime to which the  prop-
erty  is connected relative to the impact of forfeiture of property upon
the person who committed the crime; or
  (ii) the adverse impact of a  forfeiture  of  property  upon  innocent
persons; or
  (iii)  [the  appropriateness  of a judgment of forfeiture in an action
relating to pre-conviction forfeiture crime where] THE  LIKELIHOOD  THAT
the  criminal  proceeding  based  on  the crime to which the property is
allegedly connected [results] WILL RESULT in an acquittal of the  crimi-
nal defendant or a dismissal of the accusatory instrument on the merits;
or

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  (iv)  in the case of an action relating to an instrumentality, whether
the value of the instrumentality substantially exceeds the value of  the
property constituting the proceeds or substituted proceeds of a crime.
  (e)  The  court must issue a written decision stating the basis for an
order issued pursuant to this subdivision.
  4-a. (a) The court in which a forfeiture action relating to real prop-
erty is pending may, upon its own motion  or  upon  the  motion  of  the
claiming  authority  which  instituted the action, the defendant, or any
other person who has a lawful property interest in such property,  enter
an order:
  (i)  appointing  an  administrator  pursuant  to section seven hundred
seventy-eight of the real property actions and proceedings law when  the
owner  of a dwelling is a defendant in such action, and when persons who
are not defendants in such action lawfully  occupy  one  or  more  units
within  such dwelling, in order to maintain and preserve the property on
behalf of such persons or any other person or entity who  has  a  lawful
property  interest  in  such  property,  or in order to remedy any other
condition which is dangerous to life, health or safety; or
  (ii) otherwise limiting, modifying or dismissing the forfeiture action
in order to preserve or protect the lawful  property  interest  of  [any
non-criminal  defendant  or]  any  other  person who is not a [criminal]
defendant, or the lawful property interest of a defendant which  is  not
subject to forfeiture; or
  (iii)  where  such action involves interest in a residential leasehold
or a statutory tenancy, directing that  upon  entry  of  a  judgment  of
forfeiture,  the lease or statutory tenancy will be modified as a matter
of law to terminate only the interest of the  defendant  or  defendants,
and  to continue the occupancy or tenancy of any other person or persons
who lawfully reside in such demised premises, with such rights  as  such
parties  would  otherwise  have  had if the defendant's interest had not
been forfeited pursuant to this article.
  (b) For purposes of this subdivision the term  "owner"  has  the  same
meaning  as prescribed for that term in section seven hundred eighty-one
of the real property actions and proceedings law and the term "dwelling"
shall mean any building or structure or portion thereof which is princi-
pally occupied in whole or part as the home, residence or sleeping place
of one or more human beings.
  8. The total amount that may be recovered by  the  claiming  authority
against  all  [criminal]  defendants  in  a forfeiture action or actions
involving the same crime shall not exceed the value of the  proceeds  of
the  crime  or  substituted  proceeds  of the crime, whichever amount is
greater, and, in addition, the value of  any  forfeited  instrumentality
used  in  the crime.   Any such recovery against [criminal defendants] A
DEFENDANT for the value of the proceeds  of  the  crime  or  substituted
proceeds  of  the  crime  shall be reduced by an amount which equals the
value of the same proceeds of the same crime  or  the  same  substituted
proceeds  of  the  same crime recovered against [all non-criminal] OTHER
defendants. Any such recovery for the value of an instrumentality  of  a
crime  shall  be reduced by an amount which equals the value of the same
instrumentality recovered against any [non-criminal] OTHER defendant.
  [The total amount that  may  be  recovered  against  all  non-criminal
defendants  in  a  forfeiture action or actions involving the same crime
shall not exceed the value of the proceeds of the crime or  the  substi-
tuted  proceeds of the crime, whichever amount is greater, and, in addi-
tion, the value of any forfeited instrumentality used in the crime.  Any
such  recovery  against  non-criminal  defendants  for  the value of the

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proceeds of the crime or substituted proceeds  of  the  crime  shall  be
reduced by an amount which equals the value of the proceeds of the crime
or  substituted  proceeds  of  the  crime recovered against all criminal
defendants.  A  judgment  against  a  non-criminal defendant pursuant to
clause (A) of subparagraph (iv) of paragraph (b) of subdivision three of
this section shall be limited to the  amount  of  the  proceeds  of  the
crime.  Any  recovery  for  the value of an instrumentality of the crime
shall be reduced by an amount equal to the value of the same  instrumen-
tality recovered against any criminal defendant.]
  §  5.  Subdivision  11  of  section 1311 of the civil practice law and
rules is amended by adding a new paragraph (d) to read as follows:
  (D) ANY STIPULATION, SETTLEMENT AGREEMENT, JUDGEMENT, ORDER OF AFFIDA-
VIT REQUIRED TO BE GIVEN TO  THE  STATE  DIVISION  OF  CRIMINAL  JUSTICE
SERVICES PURSUANT TO THIS SUBDIVISION SHALL INCLUDE THE DEFENDANT'S NAME
AND  SUCH  OTHER  DEMOGRAPHIC  DATA AS REQUIRED BY THE STATE DIVISION OF
CRIMINAL JUSTICE SERVICES.
  § 6. Subdivision 6 of section 220.50 of the criminal procedure law, as
added by chapter 655 of the laws of 1990, is amended to read as follows:
  6. Where the defendant consents to a plea of guilty to the indictment,
or part of the indictment, or consents  to  be  prosecuted  by  superior
court information as set forth in section 195.20 of this chapter, and if
the  defendant  and  prosecutor agree that as a condition of the plea or
the superior court information certain property shall  be  forfeited  by
the  defendant,  the description and present estimated monetary value of
the property shall be stated in court by the prosecutor at the  time  of
plea. Within thirty days of the acceptance of the plea or superior court
information  by the court, the prosecutor shall send to the commissioner
of the division of criminal justice services a document  containing  the
name  of  the  defendant, the description and present estimated monetary
value of the property, ANY OTHER DEMOGRAPHIC DATA  AS  REQUIRED  BY  THE
DIVISION  OF CRIMINAL JUSTICE SERVICES and the date the plea or superior
court information was accepted. Any property forfeited by the  defendant
as  a condition to a plea of guilty to an indictment, or a part thereof,
or to a superior court information, shall be disposed of  in  accordance
with  the provisions of section thirteen hundred forty-nine of the civil
practice law and rules.
  § 7. Subdivision 4 of section 480.10 of the penal  law,  as  added  by
chapter 655 of the laws of 1990, is amended to read as follows:
  4. The prosecutor shall promptly file a copy of the special forfeiture
information,  including  the  terms  thereof, with the state division of
criminal justice services and with  the  local  agency  responsible  for
criminal justice planning. Failure to file such information shall not be
grounds  for  any  relief  under this chapter. THE PROSECUTOR SHALL ALSO
REPORT SUCH DEMOGRAPHIC DATA AS REQUIRED BY THE STATE DIVISION OF CRIMI-
NAL JUSTICE SERVICES WHEN FILING A COPY OF THE SPECIAL FORFEITURE INFOR-
MATION WITH THE STATE DIVISION OF CRIMINAL JUSTICE SERVICES.
  § 8. This act shall take effect on the one hundred eightieth day after
it shall have become a law and shall apply to crimes which were  commit-
ted on or after such date.

                                 PART F

  Section  1.  Section  2  of  part H of chapter 503 of the laws of 2009
relating to the disposition  of  monies  recovered  by  county  district
attorneys  before  the filing of an accusatory instrument, as amended by

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section 25 of part A of chapter 55 of the laws of 2017,  is  amended  to
read as follows:
  §  2.  This act shall take effect immediately and shall remain in full
force and effect until March 31, [2018] 2019, when it shall  expire  and
be deemed repealed.
  § 2. This act shall take effect immediately.

                                 PART G

  Section  1.  Section  602 of the correction law, as amended by chapter
891 of the laws of 1962, is amended to read as follows:
  § 602. Expenses of sheriff for transporting prisoners.  For  conveying
a  prisoner  or  prisoners to a state prison from the county prison, the
sheriff or person having charge of the same shall be reimbursed for  the
amount of expenses actually and necessarily incurred by him for railroad
fare  or  cost  of  other  transportation and for cost of maintenance of
himself and each prisoner in going to the prison, and for  his  railroad
fare  or other cost of transportation in returning home, and cost of his
maintenance while so returning. [The county shall be  reimbursed  for  a
portion  of  the salary of such sheriff or person for the period, not to
exceed thirty-six hours, from the commencement  of  transportation  from
the  county prison to the return of such sheriff or person to the county
prison, the amount of such reimbursement to be computed by adding to the
amount of such  salary  the  total  amount  of  the  aforesaid  expenses
incurred  for  transportation and maintenance and reducing the resulting
aggregate amount, first, by fifty per centum of  such  aggregate  amount
and,  second, by the total amount of the aforesaid expenses incurred for
transportation and maintenance.]
  § 2. This act shall take effect April 1, 2018.

                                 PART H

  Section 1. Subparagraph (iv) of paragraph  (d)  of  subdivision  1  of
section  803 of the correction law, as added by section 7 of chapter 738
of the laws of 2004, is amended to read as follows:
  (iv) Such merit time allowance may be granted when an inmate  success-
fully  participates  in the work and treatment program assigned pursuant
to section eight hundred five of  this  article  and  when  such  inmate
obtains  a  general  equivalency diploma, an alcohol and substance abuse
treatment certificate, a vocational trade certificate following at least
six months of  vocational  programming  [or],  performs  at  least  four
hundred hours of service as part of a community work crew OR SUCCESSFUL-
LY  COMPLETES  AT LEAST TWO CONSECUTIVE SEMESTERS OF COLLEGE PROGRAMMING
WITH NO LESS THAN SIX COLLEGE CREDITS PER SEMESTER, THAT IS PROVIDED  AT
THE  CORRECTIONAL  FACILITY  BY A COLLEGE APPROVED BY THE NEW YORK STATE
BOARD OF REGENTS.
  Such allowance shall be withheld for any serious disciplinary  infrac-
tion  or upon a judicial determination that the person, while an inmate,
commenced or continued a civil action,  proceeding  or  claim  that  was
found  to  be  frivolous  as defined in subdivision (c) of section eight
thousand three hundred three-a of the civil practice law and  rules,  or
an  order of a federal court pursuant to rule 11 of the federal rules of
civil procedure imposing sanctions in an action commenced by  a  person,
while an inmate, against a state agency, officer or employee.

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  §  2.  Subparagraph  (iv) of paragraph (d) of subdivision 1 of section
803 of the correction law, as added by section 10-a of  chapter  738  of
the laws of 2004, is amended to read as follows:
  (iv)  Such merit time allowance may be granted when an inmate success-
fully participates in the work and treatment program  assigned  pursuant
to  section  eight  hundred  five  of  this article and when such inmate
obtains a general equivalency diploma, an alcohol  and  substance  abuse
treatment certificate, a vocational trade certificate following at least
six  months  of  vocational  programming  [or],  performs  at least four
hundred hours of service as part of a community work crew OR SUCCESSFUL-
LY COMPLETES AT LEAST TWO CONSECUTIVE SEMESTERS OF  COLLEGE  PROGRAMMING
WITH  NO LESS THAN SIX COLLEGE CREDITS PER SEMESTER, THAT IS PROVIDED AT
THE CORRECTIONAL FACILITY BY A COLLEGE APPROVED BY THE  NEW  YORK  STATE
BOARD OF REGENTS.
  Such  allowance shall be withheld for any serious disciplinary infrac-
tion or upon a judicial determination that the person, while an  inmate,
commenced  or  continued  a  civil  action, proceeding or claim that was
found to be frivolous as defined in subdivision  (c)  of  section  eight
thousand  three  hundred three-a of the civil practice law and rules, or
an order of a federal court pursuant to rule 11 of the federal rules  of
civil  procedure  imposing sanctions in an action commenced by a person,
while an inmate, against a state agency, officer or employee.
  § 3. Paragraph (c) of subdivision 1 of section 803-b of the correction
law, as amended by section 1 of part E of chapter  55  of  the  laws  of
2017, 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; or

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  (xii) receives a certificate from the food  production  center  in  an
assigned position following the completion of no less than eight hundred
hours  of work in such position, and continues to work for an additional
eighteen months at the food production center[.]; OR
  (XIII)  SUCCESSFULLY  COMPLETES  A  COSMETOLOGY  TRAINING  PROGRAM AND
RECEIVES A LICENSE FROM THE NEW YORK  STATE  DEPARTMENT  OF  STATE,  AND
THEREAFTER  PARTICIPATES  IN  SUCH  PROGRAM FOR A PERIOD OF NO LESS THAN
EIGHTEEN MONTHS; OR
  (XIV) SUCCESSFULLY COMPLETES A BARBERING TRAINING PROGRAM AND RECEIVES
A LICENSE FROM THE NEW YORK STATE DEPARTMENT OF  STATE,  AND  THEREAFTER
PARTICIPATES  IN  SUCH  PROGRAM  FOR  A  PERIOD OF NO LESS THAN EIGHTEEN
MONTHS; OR
  (XV) SUCCESSFULLY PARTICIPATES IN A COMPUTER OPERATOR,  GENERAL  BUSI-
NESS  OR  COMPUTER INFORMATION TECHNOLOGY AND SUPPORT VOCATIONAL PROGRAM
FOR NO LESS THAN TWO YEARS, AND  EARNS  A  MICROSOFT  OFFICE  SPECIALIST
CERTIFICATION  FOR  MICROSOFT  WORD,  MICROSOFT  POWERPOINT OR MICROSOFT
EXCEL, FOLLOWING THE ADMINISTRATION OF AN EXAMINATION; OR
  (XVI) SUCCESSFULLY COMPLETES  THE  THINKING  FOR  A  CHANGE  COGNITIVE
BEHAVIORAL  TREATMENT PROGRAM WITHIN PHASE TWO OF TRANSITIONAL SERVICES,
AND THEREAFTER, IS EMPLOYED IN THE WORK RELEASE PROGRAM FOR A PERIOD  OF
AT LEAST EIGHTEEN MONTHS.
  § 4. This act shall take effect April 1, 2018; provided, however, that
the amendments to subparagraph (iv) of paragraph (d) of subdivision 1 of
section  803 of the correction law made by section one of this act shall
be subject to the expiration and reversion of such section  pursuant  to
subdivision  d  of  section  74  of  chapter  3  of the laws of 1995, as
amended, when upon such date the provisions of section two of  this  act
shall take effect.

                                 PART I

  Section  1.  Subdivision  9  of  section  201 of the correction law is
REPEALED.
  § 2. This act shall take effect April 1, 2018.

                                 PART J

  Section 1. Notwithstanding any provision of law or  governor's  execu-
tive  order  to  the  contrary  regarding inmate eligibility by crime of
commitment, the commissioner of corrections and community supervision is
hereby authorized to initiate two pilot temporary release programs.
  § 2. The first pilot temporary release  program  shall  be  a  college
educational  leave  program  for  no  more than fifty inmates at any one
time, who otherwise would be ineligible due to their  crime  of  commit-
ment,  and  whereby,  to  be  eligible, an inmate shall not be serving a
sentence for one or more offenses that would render him or her  ineligi-
ble for a limited credit time allowance as set forth in section 803-b of
the  correction  law. In addition, to be eligible, such inmate shall not
have committed a serious disciplinary infraction, maintained an  overall
negative  institutional  record,  or  received  a disqualifying judicial
determination that would render him or  her  ineligible  for  a  limited
credit  time  allowance  as set forth in section 803-b of the correction
law, and such inmate shall be eligible for release on parole  or  condi-
tional  release  within  two  years.  An inmate who participates in this
pilot program may also be permitted to leave the premises of the  insti-
tution for the purposes set forth in subdivision 4 of section 851 of the

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correction law, if otherwise authorized by the department of corrections
and  community supervision's rules and regulations governing permissible
furloughs.
  §  3. The second pilot temporary release program shall be a pilot work
release program for no more than fifty inmates  at  any  one  time,  who
otherwise  would  be  ineligible  due  to their crime of commitment, and
whereby, to be eligible, an inmate shall not be serving a  sentence  for
one  or  more  offenses  that  would  render him or her ineligible for a
limited credit time allowance as set  forth  in  section  803-b  of  the
correction  law.  In  addition,  such  inmate shall not have committed a
serious disciplinary infraction, maintained an overall negative institu-
tional record, or received a disqualifying judicial  determination  that
would  render  him or her ineligible for a limited credit time allowance
as set forth in section 803-b of the correction  law  and,  such  inmate
shall  be  eligible  for release on parole or conditional release within
two years. An inmate who participates in the pilot work release  program
may  also  be permitted to leave the premises of the institution for the
purposes set forth in subdivision 4 of section  851  of  the  correction
law,  when  authorized  by  the  department of corrections and community
supervision's rules and regulations governing permissible furloughs.
  § 4. Prior to March first of each year thereafter, the commissioner of
corrections and community supervision shall issue a report to the gover-
nor, the president of the senate and the speaker of the assembly, on the
status of both pilot programs, which shall include, but not  be  limited
to,  information  on  those  correctional  facilities  where  the  pilot
programs are established, information about the total number of  inmates
who  were  approved  for each of the pilots, whether each inmate partic-
ipant has been successful or  unsuccessful,  and  information  on  those
colleges which participate in the educational leave pilot.
  § 5. This act shall take effect April 1, 2018.

                                 PART K

  Section  1.  This Part enacts into law major components of legislation
that remove unnecessary mandatory bars on licensing and  employment  for
people  with  criminal  convictions in the categories enumerated therein
and replace them with individualized review processes using the  factors
set  out  in  article  23-A  of  the correction law, which addresses the
licensing of such individuals. Each component is wholly contained with a
Subpart identified as Subparts A through I. Any provision in any section
contained within a Subpart, including the effective date of the Subpart,
which makes  reference  to  a  section  "of  this  act",  when  used  in
connection  with  that particular component, shall be deemed to mean and
refer to the corresponding section of the Subpart in which it is  found.
Section three of this Part sets forth the general effective date of this
Part.

                                SUBPART A

  Section 1. Subdivision 6 of section 369 of the banking law, as amended
by  chapter 164 of the laws of 2003, paragraph (b) as amended by section
6 of part LL of chapter 56 of the laws of 2010, is amended  to  read  as
follows:
  6.  The  superintendent may, CONSISTENT WITH ARTICLE TWENTY-THREE-A OF
THE CORRECTION LAW, refuse to issue a license pursuant to  this  article
if  he  shall  find that the applicant, or any person who is a director,

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officer, partner, agent, employee  or  substantial  stockholder  of  the
applicant,  (a) has been convicted of a crime in any jurisdiction or (b)
is associating or consorting with any person who  has,  or  persons  who
have,  been convicted of a crime or crimes in any jurisdiction or juris-
dictions[; provided, however, that the superintendent  shall  not  issue
such a license if he shall find that the applicant, or any person who is
a director, officer, partner, agent, employee or substantial stockholder
of  the applicant, has been convicted of a felony in any jurisdiction or
of a crime which, if committed within this  state,  would  constitute  a
felony  under  the  laws  thereof].  For the purposes of this article, a
person shall be deemed to have been convicted of a crime if such  person
shall  have  pleaded guilty to a charge thereof before a court or magis-
trate, or shall have been found guilty thereof by the decision or  judg-
ment  of a court or magistrate or by the verdict of a jury, irrespective
of the pronouncement of sentence or the suspension thereof[, unless such
plea of guilty, or such decision, judgment or verdict, shall  have  been
set aside, reversed or otherwise abrogated by lawful judicial process or
unless  the  person  convicted of the crime shall have received a pardon
therefor from the president of the United  States  or  the  governor  or
other  pardoning  authority in the jurisdiction where the conviction was
had, or shall have received a certificate of relief from disabilities or
a certificate of good conduct pursuant to article  twenty-three  of  the
correction  law  to  remove the disability under this article because of
such conviction]. The term "substantial stockholder," as  used  in  this
subdivision,  shall be deemed to refer to a person owning or controlling
ten per centum or more of the total outstanding stock of the corporation
in which such person is a stockholder. In making a determination  pursu-
ant to this subdivision, the superintendent shall require fingerprinting
of  the  applicant. Such fingerprints shall be submitted to the division
of criminal justice services for a state criminal history record  check,
as  defined  in subdivision one of section three thousand thirty-five of
the education law, and may be submitted to the federal bureau of  inves-
tigation for a national criminal history record check.
  § 2. This act shall take effect immediately.

                                SUBPART B

  Section  1.  Paragraph  (f)  of subdivision 7 of section 2590-b of the
education law, as added by chapter 345 of the laws of 2009,  is  amended
to read as follows:
  (f)  A person [who has been convicted of a felony, or has been removed
from a city-wide council established pursuant to this section or  commu-
nity  district  education council for any of the following shall] MAY be
permanently ineligible for appointment to a city-wide council FOR ANY OF
THE FOLLOWING:
  (i) an act of malfeasance directly related to his or  her  service  on
such city-wide council or community district education council; or
  (ii)  conviction  of a crime, if such crime is directly related to his
or her service upon such city-wide council or community district  educa-
tion council, OR IF SERVICE UPON SUCH COUNCIL WOULD INVOLVE AN UNREASON-
ABLE  RISK  TO PROPERTY OR TO THE SAFETY OR WELFARE OF SPECIFIC INDIVID-
UALS OR THE GENERAL PUBLIC.
  § 2. Subdivision 5 of section 2590-c of the education law, as  amended
by chapter 345 of the laws of 2009, is amended to read as follows:
  5.  No  person  may serve on more than one community council or on the
city-wide council on special education, the city-wide council on English

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language learners, or the city-wide council on high schools and a commu-
nity council. A member of a community council shall be ineligible to  be
employed  by  the  community council of which he or she is a member, any
other community council, the city-wide council on special education, the
city-wide council on English language learners, the city-wide council on
high schools, or the city board. No person shall be eligible for member-
ship  on  a  community  council  if  he or she holds any elective public
office or any elective or appointed party position except that of  dele-
gate or alternate delegate to a national, state, judicial or other party
convention, or member of a county committee.
  A person [who has been convicted of a felony, or has been removed from
a  community  school board, community district education council, or the
city-wide council on special education, the city-wide council on English
language learners, or the city-wide council on high schools for  any  of
the  following  shall]  MAY be permanently ineligible for appointment to
any community district education council FOR ANY OF THE FOLLOWING:   (a)
an  act  of  malfeasance  directly  related to his or her service on the
city-wide council on special education, the city-wide council on English
language learners, the city-wide  council  on  high  schools,  community
school  board or community district education council; or (b) conviction
of a crime, if such crime is directly related to his or her service upon
the city-wide council on special education,  the  city-wide  council  on
English language learners, the city-wide council on high schools, commu-
nity school board or community district education council, OR IF SERVICE
UPON  SUCH  COUNCIL WOULD INVOLVE AN UNREASONABLE RISK TO PROPERTY OR TO
THE SAFETY OR WELFARE OF SPECIFIC INDIVIDUALS OR THE GENERAL PUBLIC.
  Any decision rendered by the chancellor or the city board with respect
to the eligibility or  qualifications  of  the  nominees  for  community
district  education  councils  must  be  written  and made available for
public inspection within seven days of its issuance at the office of the
chancellor and the city board. Such written decision shall  include  the
factual  and  legal  basis  for its issuance and a record of the vote of
each board member who participated in the decision, if applicable.
  § 3. This act shall take effect immediately, provided that the  amend-
ments  to  subdivision  7 of section 2590-b of the education law made by
section one of this act shall not affect the repeal of such  subdivision
and  shall  be  deemed  repealed  therewith; provided, further, that the
amendments to subdivision 5 of section 2590-c of the education law  made
by  section two of this act shall not affect the repeal of such subdivi-
sion and shall be deemed to repeal therewith.

                                SUBPART C

  Section 1. Clauses 1 and 5  of  paragraph  (c)  of  subdivision  2  of
section  435 of the executive law, clause 1 as amended by chapter 371 of
the laws of 1974 and clause 5 as amended by 437 of the laws of 1962, are
amended to read as follows:
  (1) a person convicted of a crime [who has not received  a  pardon,  a
certificate  of  good  conduct or a certificate of relief from disabili-
ties] IF THERE IS A DIRECT RELATIONSHIP  BETWEEN  ONE  OR  MORE  OF  THE
PREVIOUS  CRIMINAL  OFFENSES  AND  THE  INTEGRITY  AND  SAFETY OF BINGO,
CONSIDERING THE FACTORS SET  FORTH  IN  ARTICLE  TWENTY-THREE-A  OF  THE
CORRECTION LAW;
  (5)  a  firm or corporation in which a person defined in [subdivision]
CLAUSE (1), (2), (3) or (4) [above]  OF  THIS  PARAGRAPH,  or  a  person
married  or  related  in  the first degree to such a person, has greater

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than a ten [per centum] PERCENT proprietary, equitable or credit  inter-
est or in which such a person is active or employed.
  § 2. This act shall take effect immediately.

                                SUBPART D

  Section  1.  Subdivision  1  of  section  130 of the executive law, as
amended by section 1 of part LL of chapter 56 of the laws of 2010, para-
graph (g) as separately amended by chapter 232  of  the  laws  2010,  is
amended to read as follows:
  1.  The secretary of state may appoint and commission as many notaries
public for the state of New York as in his or her judgment may be deemed
best, whose jurisdiction shall be co-extensive with  the  boundaries  of
the  state.  The  appointment  of a notary public shall be for a term of
four years. An application for an appointment as notary public shall  be
in  form  and  set  forth  such  matters as the secretary of state shall
prescribe. Every person appointed as notary public must, at the time  of
his  or  her appointment, be a citizen of the United States and either a
resident of the state of New York or have an office or place of business
in New York state. A notary public who is a resident of  the  state  and
who moves out of the state but still maintains a place of business or an
office  in  New York state does not vacate his or her office as a notary
public. A notary public who is a nonresident and who ceases to  have  an
office  or place of business in this state, vacates his or her office as
a notary public. A notary public who is a resident of New York state and
moves out of the state and who does not retain an  office  or  place  of
business  in  this  state  shall  vacate  his  or her office as a notary
public. A non-resident who accepts the office of notary public  in  this
state  thereby  appoints  the secretary of state as the person upon whom
process can be served on his or her behalf. Before issuing to any appli-
cant a commission as notary public, unless he or she be an attorney  and
counsellor  at  law  duly  admitted to practice in this state or a court
clerk of the unified court system who has been appointed to  such  posi-
tion  after  taking a civil service promotional examination in the court
clerk series of titles, the secretary of state shall satisfy himself  or
herself  that  the  applicant is of good moral character, has the equiv-
alent of a common school education and is familiar with the  duties  and
responsibilities  of  a  notary  public; provided, however, that where a
notary public applies, before the expiration of his  or  her  term,  for
reappointment  with  the  county  clerk  or where a person whose term as
notary public shall have expired applies within  six  months  thereafter
for  reappointment as a notary public with the county clerk, such quali-
fying requirements may be waived by the secretary of state, and further,
where an application for reappointment is filed with  the  county  clerk
after  the  expiration  of the aforementioned renewal period by a person
who failed or was unable to re-apply by reason of his or  her  induction
or  enlistment in the armed forces of the United States, such qualifying
requirements may also be waived by the secretary of state, provided such
application for reappointment is made within a period of one year  after
the  military  discharge  of  the  applicant under conditions other than
dishonorable. In any case,  the  appointment  or  reappointment  of  any
applicant  is in the discretion of the secretary of state. The secretary
of state may suspend or remove from office, for misconduct,  any  notary
public  appointed by him or her but no such removal shall be made unless
the person who is sought to be removed shall have  been  served  with  a
copy  of the charges against him or her and have an opportunity of being

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heard. No person shall be appointed as a notary public under this  arti-
cle who has been convicted, in this state or any other state or territo-
ry, of a [felony or any of the following offenses, to wit:
  (a)  Illegally using, carrying or possessing a pistol or other danger-
ous weapon; (b) making or possessing burglar's instruments;  (c)  buying
or  receiving  or  criminally  possessing  stolen property; (d) unlawful
entry of a building; (e)  aiding  escape  from  prison;  (f)  unlawfully
possessing  or  distributing habit forming narcotic drugs; (g) violating
sections two hundred seventy, two hundred seventy-a, two hundred  seven-
ty-b, two hundred seventy-c, two hundred seventy-one, two hundred seven-
ty-five,  two  hundred  seventy-six,  five  hundred  fifty, five hundred
fifty-one, five hundred fifty-one-a and subdivisions six, ten or  eleven
of  section seven hundred twenty-two of the former penal law as in force
and effect  immediately  prior  to  September  first,  nineteen  hundred
sixty-seven,  or violating sections 165.25, 165.30 or subdivision one of
section 240.30 of the penal law,  or  violating  sections  four  hundred
seventy-eight,  four  hundred  seventy-nine,  four  hundred eighty, four
hundred eighty-one, four hundred eighty-four, four  hundred  eighty-nine
and  four  hundred  ninety-one  of the judiciary law; or (h) vagrancy or
prostitution, and who has not subsequent to such conviction received  an
executive  pardon  therefor or a certificate of relief from disabilities
or a certificate of good conduct pursuant to article twenty-three of the
correction law to remove the disability under this  section  because  of
such conviction] CRIME, UNLESS THE SECRETARY MAKES A FINDING IN CONFORM-
ANCE   WITH  ALL  APPLICABLE  STATUTORY  REQUIREMENTS,  INCLUDING  THOSE
CONTAINED IN ARTICLE TWENTY-THREE-A OF THE  CORRECTION  LAW,  THAT  SUCH
CONVICTIONS DO NOT CONSTITUTE A BAR TO EMPLOYMENT.
  § 2. This act shall take effect immediately.

                                SUBPART E

  Section  1.  Paragraphs 1 and 5 of subdivision (a) of section 189-a of
the general municipal law, as added by chapter 574 of the laws of  1978,
are amended to read as follows:
  (1)  a  person  convicted of a crime [who has not received a pardon, a
certificate of good conduct or a certificate of  relief  from  disabili-
ties]  IF  THERE  IS  A  DIRECT  RELATIONSHIP BETWEEN ONE OR MORE OF THE
PREVIOUS CRIMINAL OFFENSES AND THE INTEGRITY  OR  SAFETY  OF  CHARITABLE
GAMING,  CONSIDERING  THE FACTORS SET FORTH IN ARTICLE TWENTY-THREE-A OF
THE CORRECTION LAW;
  (5) a firm or corporation in which a person defined  in  [subdivision]
PARAGRAPH  (1),  (2), (3) or (4) [above] OF THIS SUBDIVISION has greater
than a ten [per centum] PERCENT proprietary, equitable or credit  inter-
est or in which such a person is active or employed.
  §  2.  Paragraph  (a)  of  subdivision 1 of section 191 of the general
municipal law, as amended by section 15 of part LL of chapter 56 of  the
laws of 2010, is amended to read as follows:
  (a)  Issuance of licenses to conduct games of chance. If such clerk or
department [shall determine] DETERMINES:
  (I) that the applicant is duly qualified to  be  licensed  to  conduct
games of chance under this article;
  (II)  that  the  member  or members of the applicant designated in the
application to manage games of chance are bona fide  active  members  of
the  applicant  and  are  persons of good moral character and have never
been convicted of a crime[, or,] if [convicted, have received a  pardon,
a  certificate of good conduct or a certificate of relief from disabili-

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ties pursuant to article twenty-three of the correction law] THERE IS  A
DIRECT  RELATIONSHIP  BETWEEN  ONE  OR  MORE  OF  THE  PREVIOUS CRIMINAL
OFFENSES AND THE INTEGRITY OR SAFETY OF CHARITABLE  GAMING,  CONSIDERING
THE FACTORS SET FORTH IN ARTICLE TWENTY-THREE-A OF THE CORRECTION LAW;
  (III)  that  such  games  are  to  be conducted in accordance with the
provisions of this article and in accordance with the  rules  and  regu-
lations  of  the  [board] GAMING COMMISSION and applicable local laws or
ordinances and that the proceeds  thereof  are  to  be  disposed  of  as
provided by this article[,]; and
  [if  such  clerk  or department is satisfied] (IV) that no commission,
salary, compensation, reward or recompense  whatever  will  be  paid  or
given  to  any person managing, operating or assisting therein except as
in this article otherwise provided; [it] THEN SUCH CLERK  OR  DEPARTMENT
shall  issue  a  license  to  the  applicant for the conduct of games of
chance upon payment of a license fee of  twenty-five  dollars  for  each
license period.
  §  3.  Subdivision  9  of section 476 of the general municipal law, as
amended by chapter 1057 of the laws of 1965, paragraph (a) as amended by
section 16 of part LL of chapter 56 of the laws of 2010, is  amended  to
read as follows:
  9.  "Authorized commercial lessor" shall mean a person, firm or corpo-
ration other than a licensee to conduct bingo under  the  provisions  of
this  article,  who or which [shall own] OWNS or [be] IS a net lessee of
premises and offer the same for leasing by him, HER or it to an  author-
ized  organization for any consideration whatsoever, direct or indirect,
for the purpose of conducting bingo therein, provided that  he,  SHE  or
it, as the case may be, shall not be
  (a)  a person convicted of a crime [who has not received a pardon or a
certificate of good conduct or a certificate of relief from disabilities
pursuant to] IF THERE IS A DIRECT RELATIONSHIP BETWEEN ONE  OR  MORE  OF
THE  PREVIOUS  CRIMINAL  OFFENSES  AND THE INTEGRITY OR SAFETY OF BINGO,
CONSIDERING  THE   FACTORS   SET   FORTH   IN   article   [twenty-three]
TWENTY-THREE-A of the correction law;
  (b)  a  person  who  is or has been a professional gambler or gambling
promoter or who for other reasons is not of good moral character;
  (c) a public officer who receives any consideration, direct  or  indi-
rect, as owner or lessor of premises offered for the purpose of conduct-
ing bingo therein;
  (d)  a  firm or corporation in which a person defined in [subdivision]
PARAGRAPH (a), (b) or (c)  [above]  OF  THIS  SUBDIVISION  or  a  person
married or related in the first degree to such a person has greater than
a  ten [percentum (10%)] PERCENT proprietary, equitable or credit inter-
est or in which such a person is active or employed.
  Nothing contained in this subdivision shall be construed  to  bar  any
firm  or  corporation [which] THAT is not organized for pecuniary profit
and no part of the net earnings of which inure to  the  benefit  of  any
individual,  member, or shareholder, from being an authorized commercial
lessor solely because a public officer, or a person married  or  related
in  the  first  degree to a public officer, is a member of, active in or
employed by such firm or corporation.
  § 4. Paragraph (a) of subdivision 1 of  section  481  of  the  general
municipal  law,  as amended by section 5 of part MM of chapter 59 of the
laws of 2017, is amended to read as follows:
  (a) Issuance of licenses to conduct bingo. If the  governing  body  of
the municipality determines:

S. 7505--A                         57                         A. 9505--A

  (I)  that  the  applicant  is duly qualified to be licensed to conduct
bingo under this article;
  (II)  that  the  member  or members of the applicant designated in the
application to conduct bingo are bona fide active members  OR  AUXILIARY
MEMBERS  of  the  applicant  and are persons of good moral character and
have never been convicted of a crime [or, if convicted, have received  a
pardon  or a certificate of good conduct or a certificate of relief from
disabilities pursuant to article twenty-three]  IF  THERE  IS  A  DIRECT
RELATIONSHIP  BETWEEN  ONE OR MORE OF THE PREVIOUS CRIMINAL OFFENSES AND
THE INTEGRITY OR SAFETY OF BINGO, CONSIDERING THE FACTORS SET  FORTH  IN
ARTICLE TWENTY-THREE-A of the correction law;
  (III)  that such games of bingo are to be conducted in accordance with
the provisions of this article and in  accordance  with  the  rules  and
regulations of the commission[, and];
  (IV)  that  the  proceeds thereof are to be disposed of as provided by
this article[, and if the governing body is satisfied];
  (V) that no commission, salary,  compensation,  reward  or  recompense
[what  so  ever] WHATSOEVER will be paid or given to any person holding,
operating or conducting or  assisting  in  the  holding,  operation  and
conduct  of  any such games of bingo except as in this article otherwise
provided; and
  (VI) that no prize will be offered and given in excess of the  sum  or
value  of five thousand dollars in any single game OF BINGO and that the
aggregate of all prizes offered and given in all of such games OF  BINGO
conducted  on  a  single occasion[,] under said license shall not exceed
the sum or value of fifteen  thousand  dollars,  then  the  municipality
shall  issue  a  license  to the applicant for the conduct of bingo upon
payment of a license fee of eighteen dollars and seventy-five cents  for
each bingo occasion[; provided, however, that].
  NOTWITHSTANDING  ANYTHING  TO  THE  CONTRARY  IN  THIS  PARAGRAPH, the
governing body shall refuse to issue a license to an  applicant  seeking
to  conduct bingo in premises of a licensed commercial lessor where such
governing body determines that the premises presently owned or  occupied
by  such  applicant  are  in  every  respect  adequate  and suitable for
conducting bingo games.
  § 5. This act shall take effect immediately.

                                SUBPART F

  Section 1. Paragraphs 3 and 4 of subsection (d) of section 2108 of the
insurance law are REPEALED, and paragraph 5 is renumbered paragraph 3.
  § 2. This act shall take effect immediately.

                                SUBPART G

  Section 1. Section 440-a of the real property law, as amended by chap-
ter 81 of the laws of 1995, the first undesignated paragraph as  amended
by  section  23 of part LL of chapter 56 of the laws of 2010, is amended
to read as follows:
  § 440-a. License required for real estate  brokers  and  salesmen.  No
person,  co-partnership,  limited liability company or corporation shall
engage in or follow the business or occupation of, or  hold  himself  or
itself  out  or  act temporarily or otherwise as a real estate broker or
real estate salesman in this state without  first  procuring  a  license
therefor  as  provided in this article. No person shall be entitled to a
license as a real estate broker under this article, either as  an  indi-

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vidual  or as a member of a co-partnership, or as a member or manager of
a limited liability company or as an officer of a corporation, unless he
or she is twenty years of age or over, a citizen of the United States or
an alien lawfully admitted for permanent residence in the United States.
No person shall be entitled to a license as a real estate salesman under
this  article  unless  he  or  she is over the age of eighteen years. No
person shall be entitled to a license as a real estate  broker  or  real
estate  salesman under this article who has been convicted in this state
or elsewhere of a [felony, of a sex offense, as defined  in  subdivision
two  of  section  one hundred sixty-eight-a of the correction law or any
offense committed outside of this state which  would  constitute  a  sex
offense,  or a sexually violent offense, as defined in subdivision three
of section one hundred  sixty-eight-a  of  the  correction  law  or  any
offense  committed  outside this state which would constitute a sexually
violent offense, and who has not subsequent to such conviction  received
executive  pardon  therefor or a certificate of relief from disabilities
or a certificate of good conduct pursuant to article twenty-three of the
correction law, to remove the disability under this section  because  of
such conviction] CRIME, UNLESS THE SECRETARY MAKES A FINDING IN CONFORM-
ANCE   WITH  ALL  APPLICABLE  STATUTORY  REQUIREMENTS,  INCLUDING  THOSE
CONTAINED IN ARTICLE TWENTY-THREE-A OF THE  CORRECTION  LAW,  THAT  SUCH
CONVICTIONS  DO  NOT  CONSTITUTE  A BAR TO LICENSURE. No person shall be
entitled to a license as a real estate broker or  real  estate  salesman
under  this  article who does not meet the requirements of section 3-503
of the general obligations law.
  Notwithstanding [the above] ANYTHING TO THE CONTRARY IN THIS  SECTION,
tenant  associations[,]  and  not-for-profit  corporations authorized in
writing by the commissioner of the department of the city  of  New  York
charged with enforcement of the housing maintenance code of such city to
manage  residential  property owned by such city or appointed by a court
of competent jurisdiction to manage residential property owned  by  such
city  shall be exempt from the licensing provisions of this section with
respect to the properties so managed.
  § 2. This act shall take effect immediately.

                                SUBPART H

  Section 1. Subdivision 5 of section 336-f of the social services  law,
as added by section 148 of part B of chapter 436 of the laws of 1997, is
amended to read as follows:
  5.  The  social  services district shall require every private or not-
for-profit employer that intends to  hire  one  or  more  work  activity
participants to certify to the district [that] WHETHER such employer has
[not], in the past five years, been convicted of a felony or a misdemea-
nor  the  underlying basis of which involved workplace safety and health
or  labor  standards.  Such  employer  shall  also  certify  as  to  all
violations issued by the department of labor within the past five years.
The social services official in the district in which the participant is
placed  shall  determine  whether  there  is a pattern of CONVICTIONS OR
violations sufficient  to  render  the  potential  employer  ineligible.
Employers  who  submit  false  information  under  this section shall be
subject to criminal prosecution for filing a false instrument.
  § 2. This act shall take effect immediately.

                                SUBPART I

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  Section 1. Subdivision 9 of section 394 of  the  vehicle  and  traffic
law,  as  separately  renumbered  by chapters 300 and 464 of the laws of
1960, is amended to read as follows:
  9.  Employees. [No licensee shall knowingly employ, in connection with
a driving school in any capacity whatsoever, any  person  who  has  been
convicted  of  a felony, or of any crime involving violence, dishonesty,
deceit, indecency, degeneracy or moral turpitude]  A  LICENSEE  MAY  NOT
EMPLOY,  IN CONNECTION WITH A DRIVING SCHOOL IN ANY CAPACITY WHATSOEVER,
A PERSON WHO HAS BEEN CONVICTED OF A CRIME, IF,  AFTER  CONSIDERING  THE
FACTORS  SET  FORTH IN ARTICLE TWENTY-THREE-A OF THE CORRECTION LAW, THE
LICENSEE DETERMINES THAT THERE IS  A  DIRECT  RELATIONSHIP  BETWEEN  THE
CONVICTION  AND  EMPLOYMENT  IN  THE  DRIVING SCHOOL, OR THAT EMPLOYMENT
WOULD CONSTITUTE AN UNREASONABLE RISK TO PROPERTY OR TO  THE  SAFETY  OF
STUDENTS,  CUSTOMERS,  OR  EMPLOYEES  OF  THE  DRIVING SCHOOL, OR TO THE
GENERAL PUBLIC.
  § 2. This act shall take effect immediately.
  § 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 Subparts A through I of this act  shall
be as specifically set forth in the last section of such Parts.

                                 PART L

  Section  1. The executive law is amended by adding a new section 259-t
to read as follows:
  § 259-T. RELEASE ON GERIATRIC PAROLE FOR INMATES WHO ARE  AFFECTED  BY
AN  AGE-RELATED  DEBILITY.  1.  (A)  THE  BOARD  SHALL HAVE THE POWER TO
RELEASE ON GERIATRIC PAROLE ANY INMATE WHO IS AT LEAST FIFTY-FIVE  YEARS
OF AGE, SERVING AN INDETERMINATE OR DETERMINATE SENTENCE OF IMPRISONMENT
WHO,  PURSUANT TO SUBDIVISION TWO OF THIS SECTION, HAS BEEN CERTIFIED TO
BE SUFFERING FROM A CHRONIC OR SERIOUS CONDITION, DISEASE, SYNDROME,  OR
INFIRMITY,  EXACERBATED  BY  AGE,  THAT HAS RENDERED THE INMATE SO PHYS-
ICALLY OR COGNITIVELY DEBILITATED OR INCAPACITATED THAT THE  ABILITY  TO
PROVIDE  SELF-CARE  WITHIN THE ENVIRONMENT OF A CORRECTIONAL FACILITY IS
SUBSTANTIALLY DIMINISHED, PROVIDED, HOWEVER, THAT NO  INMATE  SERVING  A
SENTENCE  IMPOSED  UPON  A  CONVICTION  FOR  MURDER IN THE FIRST DEGREE,
AGGRAVATED MURDER OR AN ATTEMPT OR CONSPIRACY TO COMMIT  MURDER  IN  THE
FIRST  DEGREE  OR AGGRAVATED MURDER OR A SENTENCE OF LIFE WITHOUT PAROLE
SHALL BE ELIGIBLE FOR SUCH RELEASE, AND PROVIDED FURTHER THAT NO  INMATE
SHALL  BE  ELIGIBLE FOR SUCH RELEASE UNLESS IN THE CASE OF AN INDETERMI-
NATE SENTENCE HE OR SHE HAS SERVED AT  LEAST  ONE-HALF  OF  THE  MINIMUM
PERIOD  OF  THE SENTENCE AND IN THE CASE OF A DETERMINATE SENTENCE HE OR
SHE HAS SERVED AT LEAST ONE-HALF OF THE TERM OF HIS OR  HER  DETERMINATE
SENTENCE.  SOLELY FOR THE PURPOSE OF DETERMINING GERIATRIC PAROLE ELIGI-
BILITY PURSUANT TO THIS SECTION, SUCH ONE-HALF OF THE MINIMUM PERIOD  OF
THE  INDETERMINATE  SENTENCE AND ONE-HALF OF THE TERM OF THE DETERMINATE
SENTENCE SHALL NOT BE CREDITED WITH ANY TIME SERVED UNDER THE  JURISDIC-
TION OF THE DEPARTMENT PRIOR TO THE COMMENCEMENT OF SUCH SENTENCE PURSU-

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ANT  TO THE OPENING PARAGRAPH OF SUBDIVISION ONE OF SECTION 70.30 OF THE
PENAL LAW OR SUBDIVISION TWO-A OF SECTION 70.30 OF THE PENAL LAW, EXCEPT
TO THE EXTENT AUTHORIZED BY SUBDIVISION THREE OF SECTION  70.30  OF  THE
PENAL LAW.
  (B)  SUCH  RELEASE  SHALL  BE  GRANTED  ONLY AFTER THE BOARD CONSIDERS
WHETHER, IN LIGHT OF THE INMATE'S CONDITION, THERE IS A REASONABLE PROB-
ABILITY THAT THE INMATE, IF RELEASED, WILL LIVE AND  REMAIN  AT  LIBERTY
WITHOUT  VIOLATING  THE  LAW,  AND THAT SUCH RELEASE IS NOT INCOMPATIBLE
WITH THE WELFARE OF SOCIETY AND WILL NOT SO DEPRECATE THE SERIOUSNESS OF
THE CRIME AS TO UNDERMINE RESPECT FOR THE LAW, AND SHALL BE  SUBJECT  TO
THE LIMITS AND CONDITIONS SPECIFIED IN SUBDIVISION FOUR OF THIS SECTION.
IN  MAKING THIS DETERMINATION, THE BOARD SHALL CONSIDER: (I) THE FACTORS
DESCRIBED IN SUBDIVISION TWO OF SECTION TWO HUNDRED FIFTY-NINE-I OF THIS
ARTICLE; (II) THE NATURE OF THE INMATE'S CONDITIONS, DISEASES, SYNDROMES
OR INFIRMITIES AND THE LEVEL OF CARE;  (III)  THE  AMOUNT  OF  TIME  THE
INMATE  MUST  SERVE  BEFORE  BECOMING  ELIGIBLE  FOR RELEASE PURSUANT TO
SECTION TWO HUNDRED FIFTY-NINE-I OF THIS ARTICLE; (IV) THE  CURRENT  AGE
OF  THE  INMATE AND HIS OR HER AGE AT THE TIME OF THE CRIME; AND (V) ANY
OTHER RELEVANT FACTOR.
  (C) THE BOARD  SHALL  AFFORD  NOTICE  TO  THE  SENTENCING  COURT,  THE
DISTRICT  ATTORNEY,  THE  ATTORNEY  FOR  THE INMATE AND, WHERE NECESSARY
PURSUANT TO SUBDIVISION TWO OF SECTION TWO HUNDRED FIFTY-NINE-I OF  THIS
ARTICLE,  THE  CRIME  VICTIM,  THAT  THE  INMATE IS BEING CONSIDERED FOR
RELEASE PURSUANT TO THIS SECTION AND THE PARTIES RECEIVING NOTICE  SHALL
HAVE  THIRTY  DAYS  TO  COMMENT ON THE RELEASE OF THE INMATE. RELEASE ON
GERIATRIC PAROLE SHALL NOT  BE  GRANTED  UNTIL  THE  EXPIRATION  OF  THE
COMMENT PERIOD PROVIDED FOR IN THIS PARAGRAPH.
  2.  (A)  THE  COMMISSIONER, ON THE COMMISSIONER'S OWN INITIATIVE OR AT
THE REQUEST OF AN INMATE, OR AN INMATE'S SPOUSE, RELATIVE  OR  ATTORNEY,
MAY,  IN  THE  EXERCISE OF THE COMMISSIONER'S DISCRETION, DIRECT THAT AN
INVESTIGATION BE UNDERTAKEN TO DETERMINE WHETHER AN ASSESSMENT SHOULD BE
MADE OF AN INMATE WHO APPEARS TO BE SUFFERING FROM  CHRONIC  OR  SERIOUS
CONDITIONS,  DISEASES, SYNDROMES OR INFIRMITIES, EXACERBATED BY ADVANCED
AGE THAT HAS RENDERED THE INMATE SO PHYSICALLY  OR  COGNITIVELY  DEBILI-
TATED  OR INCAPACITATED THAT THE ABILITY TO PROVIDE SELF-CARE WITHIN THE
ENVIRONMENT OF A CORRECTIONAL FACILITY IS SUBSTANTIALLY DIMINISHED.  ANY
SUCH  MEDICAL  ASSESSMENT SHALL BE MADE BY A PHYSICIAN LICENSED TO PRAC-
TICE MEDICINE IN THIS STATE PURSUANT TO SECTION SIXTY-FIVE HUNDRED TWEN-
TY-FOUR OF THE EDUCATION LAW. SUCH PHYSICIAN SHALL EITHER BE EMPLOYED BY
THE DEPARTMENT, SHALL RENDER PROFESSIONAL SERVICES AT THE REQUEST OF THE
DEPARTMENT, OR SHALL BE EMPLOYED BY A HOSPITAL OR MEDICAL FACILITY  USED
BY  THE  DEPARTMENT FOR THE MEDICAL TREATMENT OF INMATES. THE ASSESSMENT
SHALL BE REPORTED TO THE COMMISSIONER BY WAY OF THE DEPUTY  COMMISSIONER
FOR  HEALTH  SERVICES  OR  THE CHIEF MEDICAL OFFICER OF THE FACILITY AND
SHALL INCLUDE BUT SHALL NOT BE LIMITED TO A DESCRIPTION  OF  THE  CONDI-
TIONS,  DISEASES  OR  SYNDROMES  SUFFERED  BY  THE  INMATE,  A PROGNOSIS
CONCERNING THE LIKELIHOOD THAT THE INMATE WILL  NOT  RECOVER  FROM  SUCH
CONDITIONS,  DISEASES  OR SYNDROMES, A DESCRIPTION OF THE INMATE'S PHYS-
ICAL OR COGNITIVE INCAPACITY WHICH SHALL INCLUDE A PREDICTION RESPECTING
THE LIKELY DURATION OF THE INCAPACITY, AND A STATEMENT BY THE  PHYSICIAN
OF  WHETHER  THE  INMATE  IS  SO  DEBILITATED  OR INCAPACITATED AS TO BE
SEVERELY RESTRICTED IN HIS OR HER ABILITY TO SELF-AMBULATE OR TO PERFORM
SIGNIFICANT ACTIVITIES OF  DAILY  LIVING.  THIS  ASSESSMENT  ALSO  SHALL
INCLUDE  A RECOMMENDATION OF THE TYPE AND LEVEL OF SERVICES AND LEVEL OF
CARE THE INMATE WOULD REQUIRE IF GRANTED GERIATRIC PAROLE AND  A  RECOM-

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MENDATION  FOR THE TYPES OF SETTINGS IN WHICH THE SERVICES AND TREATMENT
SHOULD BE GIVEN.
  (B) THE COMMISSIONER, OR THE COMMISSIONER'S DESIGNEE, SHALL REVIEW THE
ASSESSMENT  AND  MAY CERTIFY THAT THE INMATE IS SUFFERING FROM A CHRONIC
OR SERIOUS CONDITION, DISEASE, SYNDROME  OR  INFIRMITY,  EXACERBATED  BY
AGE,  THAT  HAS RENDERED THE INMATE SO PHYSICALLY OR COGNITIVELY DEBILI-
TATED OR INCAPACITATED THAT THE ABILITY TO PROVIDE SELF-CARE WITHIN  THE
ENVIRONMENT  OF A CORRECTIONAL FACILITY IS SUBSTANTIALLY DIMINISHED.  IF
THE COMMISSIONER DOES NOT SO  CERTIFY  THEN  THE  INMATE  SHALL  NOT  BE
REFERRED TO THE BOARD FOR CONSIDERATION FOR RELEASE ON GERIATRIC PAROLE.
IF THE COMMISSIONER DOES SO CERTIFY, THEN THE COMMISSIONER SHALL, WITHIN
SEVEN  WORKING  DAYS  OF RECEIPT OF SUCH ASSESSMENT, REFER THE INMATE TO
THE BOARD FOR CONSIDERATION FOR RELEASE ON GERIATRIC PAROLE. HOWEVER, AN
INMATE WILL NOT BE REFERRED TO THE BOARD OF PAROLE WITH DISEASES, CONDI-
TIONS, SYNDROMES OR INFIRMITIES THAT  PRE-EXISTED  INCARCERATION  UNLESS
CERTIFIED  BY  A  PHYSICIAN THAT SUCH DISEASES, CONDITIONS, SYNDROMES OR
INFIRMITIES, HAVE PROGRESSED TO  RENDER  THE  INMATE  SO  PHYSICALLY  OR
COGNITIVELY  DEBILITATED  OR  INCAPACITATED  THAT THE ABILITY TO PROVIDE
SELF-CARE WITHIN THE ENVIRONMENT OF A CORRECTIONAL FACILITY IS  SUBSTAN-
TIALLY DIMINISHED.
  3.  ANY CERTIFICATION BY THE COMMISSIONER OR THE COMMISSIONER'S DESIG-
NEE PURSUANT TO THIS SECTION SHALL BE DEEMED  A  JUDICIAL  FUNCTION  AND
SHALL NOT BE REVIEWABLE IF DONE IN ACCORDANCE WITH LAW.
  4.  (A)  ONCE AN INMATE IS RELEASED ON GERIATRIC PAROLE, THAT RELEASEE
WILL THEN BE SUPERVISED BY THE DEPARTMENT PURSUANT TO PARAGRAPH  (B)  OF
SUBDIVISION TWO OF SECTION TWO HUNDRED FIFTY-NINE-I OF THIS ARTICLE.
  (B)  THE  BOARD  MAY  REQUIRE  AS  A CONDITION OF RELEASE ON GERIATRIC
PAROLE THAT THE RELEASEE AGREE TO REMAIN UNDER THE CARE OF  A  PHYSICIAN
WHILE  ON  GERIATRIC  PAROLE  AND  IN A HOSPITAL ESTABLISHED PURSUANT TO
ARTICLE TWENTY-EIGHT OF THE PUBLIC HEALTH LAW, NURSING HOME  ESTABLISHED
PURSUANT  TO  ARTICLE TWENTY-EIGHT-A OF THE PUBLIC HEALTH LAW, A HOSPICE
ESTABLISHED PURSUANT TO ARTICLE FORTY OF THE PUBLIC HEALTH  LAW  OR  ANY
OTHER  PLACEMENT,  INCLUDING A RESIDENCE WITH FAMILY OR OTHERS, THAT CAN
PROVIDE APPROPRIATE MEDICAL AND OTHER NECESSARY GERIATRIC CARE AS RECOM-
MENDED BY THE MEDICAL ASSESSMENT REQUIRED BY  SUBDIVISION  TWO  OF  THIS
SECTION.  FOR  THOSE  WHO  ARE  RELEASED PURSUANT TO THIS SUBDIVISION, A
DISCHARGE PLAN SHALL BE COMPLETED AND STATE THAT THE AVAILABILITY OF THE
PLACEMENT HAS BEEN CONFIRMED, AND BY  WHOM.  NOTWITHSTANDING  ANY  OTHER
PROVISION  OF  LAW,  WHEN AN INMATE WHO QUALIFIES FOR RELEASE UNDER THIS
SECTION IS COGNITIVELY INCAPABLE OF SIGNING THE REQUISITE  DOCUMENTATION
TO  EFFECTUATE THE DISCHARGE PLAN AND, AFTER A DILIGENT SEARCH NO PERSON
HAS BEEN IDENTIFIED WHO COULD OTHERWISE BE  APPOINTED  AS  THE  INMATE'S
GUARDIAN  BY  A  COURT  OF  COMPETENT JURISDICTION, THEN, SOLELY FOR THE
PURPOSE OF IMPLEMENTING THE DISCHARGE PLAN, THE FACILITY HEALTH SERVICES
DIRECTOR AT THE FACILITY WHERE  THE  INMATE  IS  CURRENTLY  INCARCERATED
SHALL  BE  LAWFULLY  EMPOWERED  TO  ACT AS THE INMATE'S GUARDIAN FOR THE
PURPOSE OF EFFECTUATING THE DISCHARGE.
  (C) WHERE APPROPRIATE, THE BOARD  SHALL  REQUIRE  AS  A  CONDITION  OF
RELEASE  THAT GERIATRIC PAROLEES BE SUPERVISED ON INTENSIVE CASELOADS AT
REDUCED SUPERVISION RATIOS.
  5. A DENIAL OF RELEASE ON GERIATRIC  PAROLE  SHALL  NOT  PRECLUDE  THE
INMATE  FROM  REAPPLYING  FOR  GERIATRIC  PAROLE  OR OTHERWISE AFFECT AN
INMATE'S ELIGIBILITY FOR ANY OTHER FORM OF RELEASE PROVIDED FOR BY LAW.
  6. TO THE EXTENT THAT ANY PROVISION OF THIS SECTION  REQUIRES  DISCLO-
SURE OF MEDICAL INFORMATION FOR THE PURPOSE OF PROCESSING AN APPLICATION
OR  MAKING  A DECISION, REGARDING RELEASE ON GERIATRIC PAROLE OR FOR THE

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PURPOSE OF APPROPRIATELY SUPERVISING  A  PERSON  RELEASED  ON  GERIATRIC
PAROLE,  AND THAT SUCH DISCLOSURE WOULD OTHERWISE BE PROHIBITED BY ARTI-
CLE TWENTY-SEVEN-F OF THAT PUBLIC HEALTH LAW,  THE  PROVISIONS  OF  THIS
SECTION SHALL BE CONTROLLING.
  7.  THE COMMISSIONER AND THE CHAIR OF THE BOARD SHALL BE AUTHORIZED TO
PROMULGATE RULES AND REGULATIONS FOR THEIR RESPECTIVE AGENCIES TO IMPLE-
MENT THE PROVISIONS OF THIS SECTION.
  8. ANY DECISION MADE BY THE BOARD PURSUANT  TO  THIS  SECTION  MAY  BE
APPEALED  PURSUANT  TO  SUBDIVISION  FOUR OF SECTION TWO  HUNDRED FIFTY-
NINE-I OF THIS ARTICLE.
  9. THE CHAIR OF THE BOARD SHALL REPORT ANNUALLY TO THE  GOVERNOR,  THE
TEMPORARY  PRESIDENT  OF THE SENATE AND THE SPEAKER OF THE ASSEMBLY, THE
CHAIRPERSONS OF THE ASSEMBLY AND SENATE  CODES  COMMITTEES,  THE  CHAIR-
PERSON  OF  THE  SENATE  CRIME AND CORRECTIONS COMMITTEE, AND THE CHAIR-
PERSON OF THE ASSEMBLY CORRECTIONS COMMITTEE THE NUMBER OF  INMATES  WHO
HAVE  APPLIED  FOR  GERIATRIC  PAROLE UNDER THIS SECTION; THE NUMBER WHO
HAVE BEEN GRANTED GERIATRIC PAROLE; THE NATURE OF  THE  ILLNESS  OF  THE
APPLICANTS, THE COUNTIES TO WHICH THEY HAVE BEEN RELEASED AND THE NATURE
OF  THE  PLACEMENT  PURSUANT  TO  THE  DISCHARGE PLAN; THE CATEGORIES OF
REASONS FOR DENIAL FOR THOSE WHO HAVE BEEN DENIED; THE NUMBER OF RELEAS-
EES ON GERIATRIC PAROLE WHO HAVE BEEN RETURNED TO  IMPRISONMENT  IN  THE
CUSTODY OF THE DEPARTMENT AND THE REASONS FOR RETURN.
  § 2. This act shall take effect April 1, 2018.

                                 PART M

  Section  1. Paragraph (b) of subdivision 6 of section 186-f of the tax
law, as amended by section 1 of part C of chapter  57  of  the  laws  of
2016, is amended to read as follows:
  (b)  The  sum  of  one  million  five hundred thousand dollars must be
deposited into the New York state emergency services revolving loan fund
annually; provided, however, that such sums shall not be  deposited  for
state  fiscal  years two thousand eleven--two thousand twelve, two thou-
sand twelve--two thousand thirteen, two thousand fourteen--two  thousand
fifteen,  two  thousand  fifteen--two  thousand  sixteen,  two  thousand
sixteen--two thousand seventeen [and], two thousand seventeen--two thou-
sand eighteen, TWO THOUSAND  EIGHTEEN--TWO  THOUSAND  NINETEEN  AND  TWO
THOUSAND NINETEEN--TWO THOUSAND TWENTY;
  § 2. This act shall take effect April 1, 2018.

                                 PART N

  Section  1. The executive law is amended by adding a new section 216-e
to read as follows:
  § 216-E.  SUBPOENA  AUTHORITY  FOR  INVESTIGATIONS  OF  ONLINE  SEXUAL
OFFENSES  AGAINST  MINORS.  1.  EXCEPT AS PROVIDED IN SUBDIVISION TWO OF
THIS SECTION, IN ANY INVESTIGATION WHERE A MINOR IS A  POTENTIAL  VICTIM
OF  ANY  OFFENSE  SPECIFIED  IN ARTICLES TWO HUNDRED THIRTY, TWO HUNDRED
THIRTY-FIVE, OR TWO HUNDRED SIXTY-THREE  OF  THE  PENAL  LAW,  AND  UPON
REASONABLE  CAUSE  TO BELIEVE THAT AN INTERNET SERVICE ACCOUNT OR ONLINE
IDENTIFIER HAS BEEN USED IN THE COMMISSION OF SUCH OFFENSE,  THE  SUPER-
INTENDENT  OF  THE  STATE  POLICE AND/OR THE SUPERINTENDENT'S AUTHORIZED
DESIGNEE SHALL HAVE THE AUTHORITY TO ISSUE IN WRITING AND  CAUSE  TO  BE
SERVED  AN  ADMINISTRATIVE  SUBPOENA REQUIRING THE PRODUCTION OF RECORDS
AND TESTIMONY RELEVANT TO THE INVESTIGATION OF SUCH  OFFENSE,  INCLUDING

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THE  FOLLOWING  INFORMATION  RELATED TO THE SUBSCRIBER OR CUSTOMER OF AN
INTERNET SERVICE ACCOUNT OR ONLINE IDENTIFIER:
  (A) NAME;
  (B) INTERNET USERNAME;
  (C) BILLING AND SERVICE ADDRESS;
  (D) ELECTRONIC MAIL ADDRESS;
  (E) INTERNET PROTOCOL ADDRESS;
  (F) TELEPHONE NUMBER OF ACCOUNT HOLDER;
  (G) METHOD OF ACCESS TO THE INTERNET;
  (H)  LOCAL  AND LONG DISTANCE TELEPHONE CONNECTION RECORDS, OR RECORDS
OF SESSION TIMES AND DURATIONS;
  (I) TELEPHONE OR INSTRUMENT NUMBER OR OTHER SUBSCRIBER NUMBER OR IDEN-
TITY, INCLUDING ANY TEMPORARILY ASSIGNED NETWORK ADDRESS;
  (J) ACCOUNT STATUS;
  (K) LENGTH OF SERVICE, INCLUDING START  DATE,  AND  TYPES  OF  SERVICE
UTILIZED;
  (L) MEANS AND SOURCE OF PAYMENT FOR SUCH SERVICE, INCLUDING ANY CREDIT
CARD OR BANK ACCOUNT NUMBER.
  2. THE FOLLOWING INFORMATION SHALL NOT BE SUBJECT TO DISCLOSURE PURSU-
ANT TO AN ADMINISTRATIVE SUBPOENA ISSUED UNDER THIS SECTION:
  (A) THE CONTENTS OF STORED OR IN-TRANSIT ELECTRONIC COMMUNICATIONS;
  (B)  ACCOUNT MEMBERSHIPS RELATED TO INTERNET GROUPS, NEWSGROUPS, MAIL-
ING LISTS, OR SPECIFIC AREAS OF INTEREST;
  (C) ACCOUNT PASSWORDS; AND
  (D) ACCOUNT CONTENT, INCLUDING ELECTRONIC MAIL IN  ANY  FORM,  ADDRESS
BOOKS,  CONTACTS, FINANCIAL RECORDS, WEB SURFING HISTORY, INTERNET PROXY
CONTENT, AND FILES OR OTHER DIGITAL DOCUMENTS STORED WITH THE ACCOUNT OR
PURSUANT TO USE OF THE ACCOUNT.
  § 2. This act shall take effect on the thirtieth day  after  it  shall
have become a law.

                                 PART O

  Section  1.  The  state finance law is amended by adding a new section
99-bb to read as follows:
  § 99-BB. ARMORY RENTAL ACCOUNT.  1.  NOTWITHSTANDING  SECTIONS  EIGHT,
EIGHT-A AND SEVENTY OF THIS CHAPTER OR ANY OTHER PROVISION OF LAW, RULE,
REGULATION  OR  PRACTICE TO THE CONTRARY, THERE IS HEREBY ESTABLISHED IN
THE JOINT CUSTODY OF THE STATE COMPTROLLER AND THE COMMISSIONER OF TAXA-
TION AND FINANCE AN ARMORY RENTAL ACCOUNT FUND, WHICH SHALL  CONSIST  OF
ALL  MONEYS PAID AS RENT PURSUANT TO SECTION ONE HUNDRED EIGHTY-THREE OF
THE MILITARY LAW.
  2. MONEYS WITHIN THE ARMORY RENTAL ACCOUNT SHALL BE AVAILABLE  TO  THE
ADJUTANT GENERAL FOR SERVICES AND EXPENSES OF THE OFFICE RELATING TO THE
DIRECT MAINTENANCE AND OPERATION OF ARMORIES.
  §  2.  Subdivision 5 of section 183 of the military law, as amended by
section 1 of part C of chapter 152 of the laws of 2001,  is  amended  to
read as follows:
  5.  All moneys paid as rent as provided in this section, together with
all sums paid to cover expenses of heating and lighting, shall be trans-
mitted by the officer in charge and control of the  armory  through  the
adjutant general to the state treasury for deposit to the [miscellaneous
special  revenue  fund  -  339]  AGENCIES  ENTERPRISE FUND armory rental
account.
  § 3. 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

S. 7505--A                         64                         A. 9505--A

amended  by  section  23 of part A of chapter 55 of the laws of 2017, 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, 2019 when upon such date this act shall expire] IMME-
DIATELY; PROVIDED HOWEVER THAT THE AMENDMENTS MADE TO SUBDIVISION  1  OF
SECTION  221 OF THE MILITARY LAW BY SECTION TWO OF THIS ACT SHALL EXPIRE
AND BE DEEMED REPEALED SEPTEMBER 1, 2019.
  § 4. This act shall take effect immediately; provided,  however,  that
sections one and two of this act shall take effect April 1, 2018.

                                 PART P

  Section  1.  Paragraph  (f)  of  subdivision 3 of section 30.10 of the
criminal procedure law, as separately amended by chapters 3 and  320  of
the laws of 2006, is amended to read as follows:
  (f) [For purposes of a] (I) A prosecution involving a [sexual] SEXUAL-
LY  RELATED  offense  [as  defined  in article one hundred thirty of the
penal law, other than a sexual offense delineated in  paragraph  (a)  of
subdivision  two  of  this section,] committed against a child less than
eighteen years of age, [incest in the first, second or third  degree  as
defined in sections 255.27, 255.26 and 255.25 of the penal law committed
against  a child less than eighteen years of age, or use of a child in a
sexual performance as defined in section 263.05 of the penal  law,]  AND
WHICH  IS A FELONY, MAY BE COMMENCED AT ANY TIME. FOR ALL OTHER SEXUALLY
RELATED OFFENSES the period of limitation shall not begin to  run  until
the  child has reached the age of eighteen or the offense is reported to
a law enforcement agency or statewide central register  of  child  abuse
and maltreatment, whichever occurs earlier.
   (II) FOR PURPOSES OF THIS PARAGRAPH, A SEXUALLY RELATED OFFENSE SHALL
MEAN ANY OFFENSE LISTED IN ARTICLE ONE HUNDRED THIRTY, TWO HUNDRED THIR-
TY,  TWO  HUNDRED  THIRTY-FIVE,  TWO  HUNDRED FORTY-FIVE, OR TWO HUNDRED
SIXTY-THREE OF THE PENAL LAW,  OR  SECTIONS  120.70  (LURING  A  CHILD),
240.37  (LOITERING  FOR  THE  PURPOSES  OF  ENGAGING  IN  A PROSTITUTION
OFFENSE), 250.45 (UNLAWFUL SURVEILLANCE IN THE  SECOND  DEGREE),  250.50
(UNLAWFUL  SURVEILLANCE  IN  THE  FIRST DEGREE), 255.15 (BIGAMY), 255.25
(INCEST IN THE THIRD DEGREE), 255.26  (INCEST  IN  THE  SECOND  DEGREE),
255.27  (INCEST  IN THE FIRST DEGREE), SUBDIVISION ONE OF SECTION 260.20
(UNLAWFULLY DEALING WITH A CHILD IN THE FIRST  DEGREE),  OR  SUBDIVISION
FOUR  OF SECTION 260.32 (ENDANGERING THE WELFARE OF A VULNERABLE ELDERLY
PERSON, OR AN INCOMPETENT OR PHYSICALLY DISABLED PERSON  IN  THE  SECOND
DEGREE) OF THE PENAL LAW.
  §  2.  Subdivision  8 of section 50-e of the general municipal law, as
amended by chapter 24 of the  laws  of  1988,  is  amended  to  read  as
follows:
  8.  Inapplicability  of  section.  (A) This section shall not apply to
claims arising under the provisions of the  workers'  compensation  law,
the  volunteer  firefighters'  benefit  law,  or the volunteer ambulance
workers' benefit law or to claims against public corporations  by  their
own infant wards.
  (B)  THIS  SECTION  SHALL  NOT  APPLY  TO ANY CLAIM MADE FOR PHYSICAL,
PSYCHOLOGICAL, OR OTHER INJURY OR CONDITION  SUFFERED  AS  A  RESULT  OF

S. 7505--A                         65                         A. 9505--A

CONDUCT  THAT  WOULD  CONSTITUTE A SEXUALLY RELATED OFFENSE AS STATED IN
SUBPARAGRAPH (II) OF PARAGRAPH (F) OF SUBDIVISION THREE OF SECTION 30.10
OF THE CRIMINAL PROCEDURE LAW COMMITTED AGAINST A CHILD LESS THAN  EIGH-
TEEN  YEARS  OF AGE, INCLUDING ANY CLAIMS AGAINST AN ENTITY AT WHICH THE
PERSON WHO COMMITTED THE CONDUCT WAS EMPLOYED, VOLUNTEERED, OR SIMILARLY
ENGAGED.
  § 3. Section 50-i of the general municipal law is amended by adding  a
new subdivision 5 to read as follows:
  5.  NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, THIS SECTION
SHALL NOT APPLY TO ANY CLAIM MADE AGAINST A CITY, COUNTY, TOWN, VILLAGE,
FIRE DISTRICT OR SCHOOL DISTRICT FOR PHYSICAL, PSYCHOLOGICAL,  OR  OTHER
INJURY  OR  CONDITION SUFFERED AS A RESULT OF CONDUCT THAT WOULD CONSTI-
TUTE A SEXUALLY RELATED OFFENSE AS STATED IN SUBPARAGRAPH (II) OF  PARA-
GRAPH  (F)  OF SUBDIVISION THREE OF SECTION 30.10 OF THE CRIMINAL PROCE-
DURE LAW COMMITTED AGAINST A CHILD LESS  THAN  EIGHTEEN  YEARS  OF  AGE,
INCLUDING ANY CLAIMS AGAINST AN ENTITY AT WHICH THE PERSON WHO COMMITTED
THE CONDUCT WAS EMPLOYED, VOLUNTEERED, OR SIMILARLY ENGAGED.
  §  4. Section 10 of the court of claims act is amended by adding a new
subdivision 10 to read as follows:
  10. NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, THIS SECTION
SHALL NOT APPLY TO ANY  CLAIM  MADE  AGAINST  THE  STATE  FOR  PHYSICAL,
PSYCHOLOGICAL,  OR  OTHER  INJURY  OR  CONDITION SUFFERED AS A RESULT OF
CONDUCT THAT WOULD CONSTITUTE A SEXUALLY RELATED OFFENSE  AS  STATED  IN
SUBPARAGRAPH (II) OF PARAGRAPH (F) OF SUBDIVISION THREE OF SECTION 30.10
OF  THE CRIMINAL PROCEDURE LAW COMMITTED AGAINST A CHILD LESS THAN EIGH-
TEEN YEARS OF AGE, INCLUDING ANY CLAIMS AGAINST AN ENTITY AT  WHICH  THE
PERSON WHO COMMITTED THE CONDUCT WAS EMPLOYED, VOLUNTEERED, OR SIMILARLY
ENGAGED.
  § 5. Subdivision 2 of section 3813 of the education law, as amended by
chapter 346 of the laws of 1978, is amended to read as follows:
  2.  Notwithstanding anything to the contrary hereinbefore contained in
this section, no action or special proceeding founded upon tort shall be
prosecuted or maintained against  any  of  the  parties  named  in  this
section  or against any teacher or member of the supervisory or adminis-
trative staff or employee where the alleged tort was committed  by  such
teacher  or  member  or  employee  acting in the discharge of his duties
within the scope of his employment and/or under  the  direction  of  the
board of education, trustee or trustees, or governing body of the school
unless  a  notice of claim shall have been made and served in compliance
with section fifty-e of the general municipal law.   Every  such  action
shall  be commenced pursuant to the provisions of section fifty-i of the
general municipal law, PROVIDED, HOWEVER, THAT THIS  SECTION  SHALL  NOT
APPLY  TO ANY CLAIM MADE AGAINST A SCHOOL (PUBLIC, PRIVATE, OR CHARTER),
A SCHOOL DISTRICT, OR ANY EMPLOYEE OF SUCH SCHOOL OR DISTRICT, FOR PHYS-
ICAL, PSYCHOLOGICAL, OR OTHER INJURY OR CONDITION SUFFERED AS  A  RESULT
OF CONDUCT THAT WOULD CONSTITUTE A SEXUALLY RELATED OFFENSE AS STATED IN
SUBPARAGRAPH (II) OF PARAGRAPH (F) OF SUBDIVISION THREE OF SECTION 30.10
OF  THE CRIMINAL PROCEDURE LAW COMMITTED AGAINST A CHILD LESS THAN EIGH-
TEEN YEARS OF AGE, INCLUDING ANY CLAIMS AGAINST AN ENTITY AT  WHICH  THE
PERSON WHO COMMITTED THE CONDUCT WAS EMPLOYED, VOLUNTEERED, OR SIMILARLY
ENGAGED.
  §  6.  Section  213-c of the civil practice law and rules, as added by
chapter 3 of the laws of 2006, is amended to read as follows:
  § 213-c. Action by victim of  conduct  constituting  certain  [sexual]
SEXUALLY  RELATED  offenses. 1. Notwithstanding any other limitation set
forth in this article, a civil claim or cause of action to recover  from

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a  defendant  as hereinafter defined, for ANY CLAIM RELATED TO THE phys-
ical, psychological or other injury or condition suffered by a person as
a result of acts by such defendant  of  rape  in  the  first  degree  as
defined  in  section  130.35 of the penal law, or criminal sexual act in
the first degree as defined in section  130.50  of  the  penal  law,  or
aggravated sexual abuse in the first degree as defined in section 130.70
of  the  penal  law,  or course of sexual conduct against a child in the
first degree as defined in section 130.75 of the penal law,  OR  CONDUCT
BY  AN  INDIVIDUAL  THAT  WOULD CONSTITUTE A SEXUALLY RELATED OFFENSE AS
STATED IN SUBPARAGRAPH (II) OF PARAGRAPH (F)  OF  SUBDIVISION  THREE  OF
SECTION  30.10 OF THE CRIMINAL PROCEDURE LAW may be [brought within five
years] COMMENCED WITHIN FIFTY YEARS OF THE COMMISSION OF THE ACT CONSTI-
TUTING THE SEXUALLY RELATED OFFENSE.  As used in this section, the  term
"defendant"  shall mean [only a person who commits the acts described in
this section or who, in a criminal proceeding,  could  be  charged  with
criminal  liability  for the commission of such acts pursuant to section
20.00 of the penal law and shall not apply to any related civil claim or
cause of action arising from such acts] A PERSON WHO COMMITS A  SEXUALLY
RELATED  OFFENSE,  AS WELL AS A PUBLIC CORPORATION, MUNICIPALITY, SCHOOL
(PUBLIC, PRIVATE, OR CHARTER), PARTNERSHIP, CORPORATION, ASSOCIATION, OR
ANY OTHER ENTITY OF WHICH THE PERSON WAS, AT THE TIME OF THE CONDUCT, AN
EMPLOYEE, VOLUNTEER, OR ANY OTHER INDIVIDUAL FOR  WHOM  SUCH  ENTITY  IS
RESPONSIBLE.  Nothing in this section shall be construed to require that
a criminal charge be brought or a criminal conviction be obtained  as  a
condition of bringing a civil cause of action or receiving a civil judg-
ment pursuant to this section or be construed to require that any of the
rules  governing  a  criminal proceeding be applicable to any such civil
action.
  2. IN AN ACTION BROUGHT PURSUANT TO THIS SECTION, THE BURDEN SHALL  BE
ON  THE  PLAINTIFF  TO PROVE BY A PREPONDERANCE OF THE EVIDENCE THAT THE
ACTS CONSTITUTING THE SEXUALLY RELATED OFFENSE  WERE  COMMITTED  BY  THE
DEFENDANT.
  §  7.  The  civil  practice  law  and rules is amended by adding a new
section 214-g to read as follows:
  §  214-G.  CERTAIN  CHILD  SEXUAL  ABUSE  CASES.  NOTWITHSTANDING  ANY
PROVISION  OF  LAW  THAT IMPOSES A PERIOD OF LIMITATION TO THE CONTRARY,
EVERY CIVIL CLAIM OR CAUSE OF ACTION, INCLUDING CLAIMS FILED  AGAINST  A
PERSON,  PUBLIC  CORPORATION,  MUNICIPALITY, SCHOOL (PUBLIC, PRIVATE, OR
CHARTER), PARTNERSHIP, CORPORATION, ASSOCIATION,  OR  ANY  OTHER  ENTITY
BASED  ON NEGLIGENCE, RECKLESSNESS, OR INTENTIONAL CONDUCT, BROUGHT BY A
PERSON  FOR  PHYSICAL,  PSYCHOLOGICAL,  OR  OTHER  INJURY  OR  CONDITION
SUFFERED AS A RESULT OF CONDUCT THAT WOULD CONSTITUTE A SEXUALLY RELATED
OFFENSE  AS  STATED IN SUBPARAGRAPH (II) OF PARAGRAPH (F) OF SUBDIVISION
THREE OF SECTION 30.10 OF THE CRIMINAL PROCEDURE LAW COMMITTED AGAINST A
CHILD LESS THAN EIGHTEEN YEARS OF AGE, THAT IS BARRED AS OF  THE  EFFEC-
TIVE  DATE  OF  THIS SECTION BECAUSE THE APPLICABLE PERIOD OF LIMITATION
HAS EXPIRED OR SUCH PERSON HAD PREVIOUSLY FAILED TO  FILE  A  NOTICE  OF
CLAIM,  IS  HEREBY  REVIVED,  AND  ACTION THEREON MAY BE COMMENCED ON OR
BEFORE ONE YEAR AFTER THE EFFECTIVE DATE OF THIS SECTION.
  § 8. Subdivision (a) of rule 3403 of the civil practice law and  rules
is amended by adding a new paragraph 7 to read as follows:
  7.  ANY ACTION WHICH HAS BEEN RECEIVED PURSUANT TO SECTION TWO HUNDRED
FOURTEEN-G OF THIS CHAPTER.
  § 9. The provisions of this act shall be severable, and if any clause,
sentence, paragraph, subdivision or part of this act shall  be  adjudged
by  any  court  of  competent  jurisdiction to be invalid, such judgment

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shall not affect, impair, or invalidate the remainder thereof, but shall
be confined in its operation to the clause, sentence, paragraph,  subdi-
vision  or  part  thereof  directly involved in the controversy in which
such judgment shall have been rendered.
  §  10. This act shall take effect immediately; provided, however, that
the amendments to section 213-c of the civil practice law and rules made
by section six of this act shall apply to any cause of  action,  regard-
less  of  the  date  on which such cause of action accrued; and provided
further that section seven of this act  shall  take  effect  six  months
after this act shall have become a law.

                                 PART Q

  Section  1.  Subdivision  14  of  section  3 of the alcoholic beverage
control law, as amended by chapter 330 of the laws of 1970,  is  amended
to read as follows:
  14.  "Hotel"  shall  mean  a building which is regularly used and kept
open as such in bona fide manner for the feeding and lodging of  guests,
where  all who conduct themselves properly and who are able and ready to
pay for such services are received if there be accommodations for  them.
The  term  "hotel"  shall also include an apartment hotel wherein apart-
ments are rented for fixed periods of time, either furnished  or  unfur-
nished,  where  the  keeper of such hotel regularly supplies food to the
occupants thereof [in a restaurant located in such hotel]. "Hotel" shall
also mean and include buildings (commonly called a motel) upon the  same
lot  of  land and owned or in possession under a lease in writing by the
same person or firm who maintains such  buildings  for  the  lodging  of
guests  and  supplies them with food [from a restaurant located upon the
same premises]. A HOTEL SHALL REGULARLY KEEP FOOD AVAILABLE FOR SALE  OR
SERVICE TO ITS CUSTOMERS FOR CONSUMPTION ON THE PREMISES IN THE HOTEL OR
IN A RESTAURANT OR OTHER FOOD ESTABLISHMENT LOCATED IN THE SAME BUILDING
AS  THE  HOTEL.  THE  AVAILABILITY  OF SANDWICHES, SOUPS OR OTHER FOODS,
WHETHER FRESH, PROCESSED, PRE-COOKED  OR  FROZEN,  SHALL  BE  DEEMED  IN
COMPLIANCE WITH THIS REQUIREMENT.
  §  2.  Subdivision  5  of section 64 of the alcoholic beverage control
law, as amended by chapter 258 of the laws of 1976, is amended  to  read
as follows:
  5.  No  retail  license under this section shall be granted except for
such premises as are being conducted as a bona fide hotel [provided that
a restaurant is operated in such premises], restaurant, catering  estab-
lishment, club, railroad car, vessel or aircraft being operated on regu-
larly scheduled flights by a United States certificated airline.
  § 3. This act shall take effect immediately.

                                 PART R

  Section  1. Section 3 of the alcoholic beverage control law is amended
by adding a new subdivision 6-a to read as follows:
  6-A. "BRAGGOT" SHALL MEAN A MALT  ALCOHOLIC  BEVERAGE  MADE  PRIMARILY
FROM:  HONEY;  WATER;  AND  MALT  AND/OR HOPS (I) WHICH MAY ALSO CONTAIN
FRUITS, SPICES, HERBS, GRAIN OR OTHER AGRICULTURAL  PRODUCTS;  AND  (II)
WITH  HONEY  REPRESENTING  AT  LEAST  FIFTY-ONE  PERCENT OF THE STARTING
FERMENTABLE SUGARS BY WEIGHT OF THE FINISHED PRODUCT. FOR  THE  PURPOSES
OF THIS CHAPTER, BRAGGOT SHALL BE DESIGNATED AS AND SOLD AS A BEER.
  §  2.  Section  3  of the alcoholic beverage control law is amended by
adding a new subdivision 12-aaaa to read as follows:

S. 7505--A                         68                         A. 9505--A

  12-AAAA. "FARM MEADERY" MEANS AND  INCLUDES  ANY  PLACE  OR  PREMISES,
LOCATED  ON  A  FARM IN NEW YORK STATE, IN WHICH NEW YORK STATE LABELLED
MEAD OR NEW YORK STATE LABELLED  BRAGGOT  IS  MANUFACTURED,  STORED  AND
SOLD, OR ANY OTHER PLACE OR PREMISES IN NEW YORK STATE IN WHICH NEW YORK
STATE  LABELLED MEAD OR NEW YORK STATE LABELLED BRAGGOT IS MANUFACTURED,
STORED AND SOLD.
  § 3. Section 3 of the alcoholic beverage control  law  is  amended  by
adding a new subdivision 19-a to read as follows:
  19-A.  "MEAD"  SHALL  MEAN A WINE MADE PRIMARILY FROM HONEY AND WATER:
(I) WHICH MAY ALSO CONTAIN HOPS, FRUITS, SPICES, HERBS, GRAIN  OR  OTHER
AGRICULTURAL  PRODUCTS; AND (II) WITH HONEY REPRESENTING AT LEAST FIFTY-
ONE PERCENT OF THE STARTING FERMENTABLE SUGARS BY WEIGHT OF THE FINISHED
PRODUCT.  THE BRAND OR TRADE NAME LABEL OWNER OF SUCH ALCOHOLIC BEVERAGE
SHALL DESIGNATE WHETHER SUCH ALCOHOLIC BEVERAGE SHALL  BE  SOLD  AS  AND
TREATED  IN  THE SAME MANNER AS WINE OR MEAD FOR ALL PURPOSES UNDER THIS
CHAPTER.  PROVIDED, HOWEVER, ANY MEAD CONTAINING  MORE  THAN  EIGHT  AND
ONE-HALF  PER  CENTUM ALCOHOL BY VOLUME SHALL BE DESIGNATED, SOLD AS AND
TREATED IN THE SAME MANNER AS WINE.
  § 4. Section 3 of the alcoholic beverage control  law  is  amended  by
adding a new subdivision 20-f to read as follows:
  20-F.  "NEW YORK STATE LABELED BRAGGOT" MEANS BRAGGOT MADE EXCLUSIVELY
FROM HONEY PRODUCED IN NEW YORK STATE.
  § 5. Section 3 of the alcoholic beverage control  law  is  amended  by
adding a new subdivision 20-g to read as follows:
  20-G.  "NEW  YORK STATE LABELED MEAD" MEANS MEAD MADE EXCLUSIVELY FROM
HONEY PRODUCED IN NEW YORK STATE.
  § 6. The alcoholic beverage control law is amended  by  adding  a  new
article 6-A to read as follows:
                               ARTICLE 6-A
                   SPECIAL PROVISIONS RELATING TO MEAD
SECTION 86. FARM MEADERY LICENSE.
        87. AUTHORIZATION  FOR SALE OF MEAD AND BRAGGOT BY RETAIL LICEN-
              SEES.
        88. AUTHORIZATION FOR SALE OF  MEAD  AND  BRAGGOT  BY  WHOLESALE
              LICENSEES.
  §  86. FARM MEADERY LICENSE.  1. ANY PERSON MAY APPLY TO THE AUTHORITY
FOR A FARM MEADERY LICENSE AS PROVIDED FOR IN THIS  SECTION  TO  PRODUCE
MEAD  AND  BRAGGOT WITHIN THIS STATE FOR SALE. SUCH APPLICATION SHALL BE
IN WRITING AND VERIFIED  AND  SHALL  CONTAIN  SUCH  INFORMATION  AS  THE
AUTHORITY  SHALL  REQUIRE.  SUCH  APPLICATION  SHALL BE ACCOMPANIED BY A
CHECK OR DRAFT FOR THE AMOUNT REQUIRED BY THIS ARTICLE FOR SUCH LICENSE.
IF THE AUTHORITY GRANTS THE APPLICATION, IT SHALL  ISSUE  A  LICENSE  IN
SUCH  FORM  AS  SHALL  BE  DETERMINED  BY  ITS RULES. SUCH LICENSE SHALL
CONTAIN A DESCRIPTION OF THE  LICENSED  PREMISES  AND  IN  FORM  AND  IN
SUBSTANCE  SHALL  BE A LICENSE TO THE PERSON THEREIN SPECIFICALLY DESIG-
NATED TO PRODUCE MEAD AND BRAGGOT IN THE PREMISES  THEREIN  SPECIFICALLY
LICENSED.    THE  ANNUAL  FEE  FOR  SUCH A LICENSE SHALL BE SEVENTY-FIVE
DOLLARS.
  2. A FARM MEADERY LICENSE SHALL AUTHORIZE THE HOLDER THEREOF TO  OPER-
ATE  A  MEADERY  FOR THE MANUFACTURE OF NEW YORK STATE LABELLED MEAD AND
NEW YORK STATE LABELLED BRAGGOT. SUCH A LICENSE SHALL ALSO AUTHORIZE THE
LICENSEE TO:
  (A) SELL IN BULK MEAD OR BRAGGOT MANUFACTURED BY THE LICENSEE  TO  ANY
PERSON LICENSED TO MANUFACTURE ALCOHOLIC BEVERAGES IN THIS STATE OR TO A
PERMITTEE  ENGAGED  IN  THE  MANUFACTURE OF PRODUCTS WHICH ARE UNFIT FOR
BEVERAGE USE;

S. 7505--A                         69                         A. 9505--A

  (B) SELL OR DELIVER MEAD OR BRAGGOT MANUFACTURED BY  THE  LICENSEE  TO
PERSONS  OUTSIDE  THE  STATE  PURSUANT  TO THE LAWS OF THE PLACE OF SUCH
DELIVERY;
  (C)  SELL MEAD MANUFACTURED BY THE LICENSEE TO WHOLESALERS AND RETAIL-
ERS LICENSED IN THIS STATE TO SELL SUCH MEAD, LICENSED FARM  DISTILLERS,
LICENSED  FARM  WINERIES,  LICENSED  WINERIES,  LICENSED FARM BREWERIES,
LICENSED FARM CIDERIES AND ANY OTHER LICENSED  FARM  MEADERY.  ALL  SUCH
MEAD  SOLD  BY  THE  LICENSEE SHALL BE SECURELY SEALED AND HAVE ATTACHED
THERETO A LABEL AS SHALL BE REQUIRED BY SECTION ONE HUNDRED  SEVEN-A  OF
THIS CHAPTER;
  (D)  SELL  BRAGGOT  MANUFACTURED  BY  THE  LICENSEE TO WHOLESALERS AND
RETAILERS LICENSED IN THIS STATE TO SELL BEER, LICENSED FARM DISTILLERS,
LICENSED FARM WINERIES, LICENSED  BREWERIES,  LICENSED  FARM  BREWERIES,
LICENSED  FARM  CIDERIES  AND  ANY OTHER LICENSED FARM MEADERY. ALL SUCH
BRAGGOT SOLD BY THE LICENSEE SHALL BE SECURELY SEALED AND HAVE  ATTACHED
THERETO  A  LABEL AS SHALL BE REQUIRED BY SECTION ONE HUNDRED SEVEN-A OF
THIS CHAPTER;
  (E) OPERATE, OR USE THE  SERVICES  OF,  A  CUSTOM  CRUSH  FACILITY  AS
DEFINED IN SUBDIVISION NINE-A OF SECTION THREE OF THIS CHAPTER;
  (F)  AT THE LICENSED PREMISES, CONDUCT TASTINGS OF, AND SELL AT RETAIL
FOR CONSUMPTION ON OR OFF THE LICENSED  PREMISES,  ANY  NEW  YORK  STATE
LABELED  MEAD,  NEW  YORK  STATE LABELED BRAGGOT, NEW YORK STATE LABELED
BEER, NEW YORK STATE LABELED CIDER, NEW YORK STATE LABELED LIQUOR OR NEW
YORK STATE LABELED WINE. PROVIDED, HOWEVER, FOR TASTINGS AND  SALES  FOR
ON-PREMISES  CONSUMPTION,  THE LICENSEE SHALL REGULARLY KEEP FOOD AVAIL-
ABLE FOR SALE OR SERVICE TO ITS RETAIL CUSTOMERS FOR CONSUMPTION ON  THE
PREMISES.  A LICENSEE PROVIDING THE FOLLOWING SHALL BE DEEMED IN COMPLI-
ANCE WITH THIS PROVISION: (I) SANDWICHES, SOUPS  OR  OTHER  SUCH  FOODS,
WHETHER  FRESH,  PROCESSED, PRE-COOKED OR FROZEN; AND/OR (II) FOOD ITEMS
INTENDED TO COMPLEMENT THE TASTING OF ALCOHOLIC BEVERAGES,  WHICH  SHALL
MEAN A DIVERSIFIED SELECTION OF FOOD THAT IS ORDINARILY CONSUMED WITHOUT
THE  USE OF TABLEWARE AND CAN BE CONVENIENTLY CONSUMED WHILE STANDING OR
WALKING, INCLUDING BUT NOT  LIMITED  TO:  CHEESES,  FRUITS,  VEGETABLES,
CHOCOLATES, BREADS, MUSTARDS AND CRACKERS. ALL OF THE PROVISIONS OF THIS
CHAPTER  RELATIVE  TO  LICENSEES  SELLING  ALCOHOLIC BEVERAGES AT RETAIL
SHALL APPLY;
  (G) OPERATE A RESTAURANT, HOTEL, CATERING ESTABLISHMENT, OR OTHER FOOD
AND DRINKING ESTABLISHMENT IN OR ADJACENT TO THE LICENSED  PREMISES  AND
SELL  AT  SUCH PLACE, AT RETAIL FOR CONSUMPTION ON THE PREMISES, ANY NEW
YORK STATE LABELED MEAD, NEW YORK STATE LABELED BRAGGOT, NEW YORK  STATE
LABELED  BEER,  NEW  YORK  STATE  LABELED  CIDER, NEW YORK STATE LABELED
LIQUOR OR NEW YORK STATE LABELED WINE. ALL OF  THE  PROVISIONS  OF  THIS
CHAPTER  RELATIVE  TO  LICENSEES  SELLING  ALCOHOLIC BEVERAGES AT RETAIL
SHALL APPLY. NOTWITHSTANDING ANY OTHER PROVISION OF  LAW,  THE  LICENSED
FARM MEADERY MAY APPLY TO THE AUTHORITY FOR A LICENSE UNDER THIS CHAPTER
TO SELL OTHER ALCOHOLIC BEVERAGES AT RETAIL FOR CONSUMPTION ON THE PREM-
ISES AT SUCH ESTABLISHMENT; AND
  (H)  STORE  AND  SELL  GIFT ITEMS IN A TAX-PAID ROOM UPON THE LICENSED
PREMISES INCIDENTAL TO THE SALE OF MEAD AND BRAGGOT.  THESE  GIFT  ITEMS
SHALL BE LIMITED TO THE FOLLOWING CATEGORIES: (I) NON-ALCOHOLIC BEVERAG-
ES  FOR  CONSUMPTION  ON  OR  OFF PREMISES, INCLUDING BUT NOT LIMITED TO
BOTTLED WATER, JUICE AND SODA BEVERAGES; (II) FOOD ITEMS FOR THE PURPOSE
OF COMPLEMENTING MEAD TASTINGS, SHALL MEAN A  DIVERSIFIED  SELECTION  OF
FOOD  WHICH  IS ORDINARILY CONSUMED WITHOUT THE USE OF TABLEWARE AND CAN
CONVENIENTLY BE CONSUMED WHILE STANDING OR WALKING;  (III)  FOOD  ITEMS,
WHICH  SHALL INCLUDE LOCALLY PRODUCED FARM PRODUCTS AND ANY FOOD OR FOOD

S. 7505--A                         70                         A. 9505--A

PRODUCT NOT SPECIFICALLY PREPARED FOR  IMMEDIATE  CONSUMPTION  UPON  THE
PREMISES;  (IV)  MEAD  AND BRAGGOT SUPPLIES AND ACCESSORIES, WHICH SHALL
INCLUDE ANY ITEM UTILIZED FOR THE STORAGE,  SERVING  OR  CONSUMPTION  OF
MEAD  AND  BRAGGOT OR FOR DECORATIVE PURPOSES; (V) SOUVENIR ITEMS, WHICH
SHALL INCLUDE, BUT NOT BE LIMITED TO ARTWORK, CRAFTS, CLOTHING, AGRICUL-
TURAL PRODUCTS AND ANY OTHER ARTICLES WHICH CAN BE CONSTRUED  TO  PROPA-
GATE  TOURISM WITHIN THE REGION; AND (VI) MEAD-MAKING AND BRAGGOT-MAKING
EQUIPMENT.
  3. A LICENSED FARM MEADERY MAY ENGAGE IN ANY  OTHER  BUSINESS  ON  THE
LICENSED  PREMISES  SUBJECT  TO SUCH RULES AND REGULATIONS AS THE LIQUOR
AUTHORITY MAY PRESCRIBE. IN PRESCRIBING SUCH RULES AND REGULATIONS,  THE
LIQUOR  AUTHORITY  SHALL PROMOTE THE EXPANSION AND PROFITABILITY OF MEAD
AND BRAGGOT PRODUCTION AND OF TOURISM IN NEW YORK, THEREBY PROMOTING THE
CONSERVATION, PRODUCTION AND ENHANCEMENT OF NEW YORK STATE  AGRICULTURAL
LANDS.  FURTHER,  SUCH RULES AND REGULATIONS SHALL DETERMINE WHICH BUSI-
NESSES WILL BE COMPATIBLE WITH THE POLICY AND PURPOSES OF  THIS  CHAPTER
AND  SHALL CONSIDER THE EFFECT OF PARTICULAR BUSINESSES ON THE COMMUNITY
AND AREA IN THE VICINITY OF THE FARM MEADERY LICENSEE.
  4. NOTWITHSTANDING ANY PROVISION OF THIS CHAPTER TO THE CONTRARY,  ANY
FARM MEADERY LICENSEE MAY CHARGE FOR TOURS OF ITS PREMISES.
  5. THE HOLDER OF A LICENSE ISSUED UNDER THIS SECTION MAY OPERATE UP TO
FIVE  BRANCH  OFFICES  LOCATED AWAY FROM THE LICENSED FARM MEADERY. SUCH
LOCATIONS SHALL BE CONSIDERED PART OF  THE  LICENSED  PREMISES  AND  ALL
ACTIVITIES  ALLOWED  AT AND LIMITED TO THE FARM MEADERY MAY BE CONDUCTED
AT THE BRANCH OFFICES. SUCH BRANCH OFFICES SHALL NOT BE LOCATED  WITHIN,
SHARE  A  COMMON  ENTRANCE AND EXIT WITH, OR HAVE ANY INTERIOR ACCESS TO
ANY OTHER BUSINESS, INCLUDING PREMISES LICENSED TO SELL ALCOHOLIC BEVER-
AGES AT RETAIL. PRIOR TO COMMENCING OPERATION OF ANY SUCH BRANCH OFFICE,
THE LICENSEE SHALL NOTIFY THE AUTHORITY OF THE LOCATION OF  SUCH  BRANCH
OFFICE AND THE AUTHORITY MAY ISSUE A PERMIT FOR THE OPERATION OF SAME.
  6.  (A)  NO  FARM  MEADERY  SHALL MANUFACTURE IN EXCESS OF TWO HUNDRED
FIFTY THOUSAND GALLONS OF MEAD AND/OR BRAGGOT ANNUALLY.
  (B) A LICENSED FARM MEADERY SHALL PRODUCE AT LEAST  FIFTY  GALLONS  OF
MEAD AND/OR BRAGGOT ANNUALLY.
  7.  NO  LICENSED FARM MEADERY SHALL MANUFACTURE OR SELL ANY MEAD OTHER
THAN NEW YORK STATE LABELLED MEAD.
  8. NO LICENSED FARM MEADERY SHALL  MANUFACTURE  OR  SELL  ANY  BRAGGOT
OTHER THAN NEW YORK STATE LABELLED BRAGGOT.
  9.  THE  AUTHORITY  IS HEREBY AUTHORIZED TO PROMULGATE RULES AND REGU-
LATIONS TO EFFECTUATE THE PURPOSES OF THIS SECTION. IN PRESCRIBING  SUCH
RULES  AND  REGULATIONS,  THE  AUTHORITY SHALL PROMOTE THE EXPANSION AND
PROFITABILITY OF MEAD PRODUCTION AND OF TOURISM  IN  NEW  YORK,  THEREBY
PROMOTING THE CONSERVATION, PRODUCTION AND ENHANCEMENT OF NEW YORK STATE
AGRICULTURAL LANDS.
  §  87. AUTHORIZATION FOR SALE OF MEAD AND BRAGGOT BY RETAIL LICENSEES.
1. EACH RETAIL LICENSEE UNDER THIS CHAPTER  SHALL  HAVE  THE  RIGHT,  BY
VIRTUE  OF  HIS LICENSE AND WITHOUT BEING REQUIRED TO PAY ANY ADDITIONAL
FEE FOR THE PRIVILEGE, TO SELL AT RETAIL FOR CONSUMPTION ON OR  OFF  THE
PREMISES,  AS  THE  CASE MAY BE, MEAD WHICH HAS NOT BEEN DESIGNATED AS A
WINE PURSUANT TO SUBDIVISION NINETEEN-A OF SECTION THREE OF THIS CHAPTER
AND WHICH HAS BEEN PURCHASED FROM A PERSON LICENSED TO PRODUCE  OR  SELL
MEAD AT WHOLESALE UNDER THIS CHAPTER.
  2.  EACH  RETAIL  LICENSEE  AUTHORIZED TO SELL WINE UNDER THIS CHAPTER
SHALL HAVE THE RIGHT,  BY  VIRTUE  OF  HIS  LICENSE  AND  WITHOUT  BEING
REQUIRED  TO PAY ANY ADDITIONAL FEE FOR THE PRIVILEGE, TO SELL AT RETAIL
FOR CONSUMPTION ON OR OFF THE PREMISES, AS THE CASE MAY BE,  MEAD  WHICH

S. 7505--A                         71                         A. 9505--A

HAS  BEEN  DESIGNATED  AS  A  WINE PURSUANT TO SUBDIVISION NINETEEN-A OF
SECTION THREE OF THIS CHAPTER AND WHICH HAS BEEN PURCHASED FROM A PERSON
LICENSED TO PRODUCE OR SELL MEAD AT WHOLESALE UNDER THIS CHAPTER.
  3.  EACH  RETAIL  LICENSEE  AUTHORIZED TO SELL BEER UNDER THIS CHAPTER
SHALL HAVE THE RIGHT,  BY  VIRTUE  OF  HIS  LICENSE  AND  WITHOUT  BEING
REQUIRED  TO PAY ANY ADDITIONAL FEE FOR THE PRIVILEGE, TO SELL AT RETAIL
FOR CONSUMPTION ON OR OFF THE PREMISES, AS  THE  CASE  MAY  BE,  BRAGGOT
WHICH HAS BEEN PURCHASED FROM A PERSON LICENSED TO PRODUCE OR SELL BRAG-
GOT AT WHOLESALE UNDER THIS CHAPTER.
  §  88.  AUTHORIZATION FOR SALE OF MEAD AND BRAGGOT BY WHOLESALE LICEN-
SEES.  1. EACH WHOLESALE LICENSEE AUTHORIZED TO  SELL  BEER  UNDER  THIS
CHAPTER SHALL HAVE THE RIGHT, BY VIRTUE OF ITS LICENSE AND WITHOUT BEING
REQUIRED  TO PAY ANY ADDITIONAL FEE FOR THE PRIVILEGE, TO SELL AT WHOLE-
SALE:  (A) BRAGGOT PURCHASED FROM A PERSON LICENSED TO  PRODUCE  BRAGGOT
UNDER  THIS  CHAPTER. SUCH BRAGGOT SHALL BE SUBJECT TO THE PROVISIONS OF
THIS CHAPTER REGARDING THE TASTING AND SALE OF  BEER  AT  WHOLESALE  AND
RETAIL; OR
  (B)  MEAD  PURCHASED  FROM A PERSON LICENSED TO PRODUCE MEAD AND WHICH
HAS NOT BEEN DESIGNATED AS WINE PURSUANT TO  SUBDIVISION  NINETEEN-A  OF
SECTION  THREE  OF  THIS  CHAPTER.  SUCH  MEAD  SHALL  BE SUBJECT TO THE
PROVISIONS OF THIS CHAPTER REGARDING THE TASTING AND  SALE  OF  BEER  AT
WHOLESALE AND RETAIL.
  2.  EACH WHOLESALE LICENSEE AUTHORIZED TO SELL WINE UNDER THIS CHAPTER
SHALL HAVE THE RIGHT,  BY  VIRTUE  OF  ITS  LICENSE  AND  WITHOUT  BEING
REQUIRED  TO PAY ANY ADDITIONAL FEE FOR THE PRIVILEGE, TO SELL AT WHOLE-
SALE MEAD PURCHASED FROM A PERSON LICENSED TO PRODUCE MEAD AND WHICH HAS
BEEN DESIGNATED AS WINE PURSUANT TO SUBDIVISION  NINETEEN-A  OF  SECTION
THREE  OF THIS CHAPTER.  SUCH MEAD SHALL BE SUBJECT TO THE PROVISIONS OF
THIS CHAPTER REGARDING THE TASTING AND SALE OF  WINE  AT  WHOLESALE  AND
RETAIL.
  §  7.  Subdivision  3  of section 17 of the alcoholic beverage control
law, as amended by section 3 of chapter 297 of  the  laws  of  2016,  is
amended to read as follows:
  3. To revoke, cancel or suspend for cause any license or permit issued
under  this  chapter  and/or to impose a civil penalty for cause against
any holder of a license or permit issued pursuant to this  chapter.  Any
civil  penalty  so  imposed  shall  not  exceed  the sum of ten thousand
dollars as against the holder of any retail permit  issued  pursuant  to
sections  ninety-five,  ninety-seven,  ninety-eight,  ninety-nine-d, and
paragraph f of subdivision one of section ninety-nine-b of this chapter,
and as against the holder of  any  retail  license  issued  pursuant  to
sections  fifty-three-a,  fifty-four,  fifty-four-a,  fifty-five, fifty-
five-a,    sixty-three,    sixty-four,    sixty-four-a,    sixty-four-b,
sixty-four-c,  seventy-six-f,  seventy-nine, eighty-one and eighty-one-a
of this chapter, and the sum of thirty thousand dollars as  against  the
holder  of  a  license  issued  pursuant to sections fifty-three, FIFTY-
EIGHT, FIFTY-EIGHT-C, sixty-one-a,  sixty-one-b,  seventy-six,  seventy-
six-a, [and] seventy-eight AND EIGHTY-SIX of this chapter, provided that
the  civil  penalty  against  the  holder  of a wholesale license issued
pursuant to section fifty-three of this chapter shall not exceed the sum
of ten thousand dollars where that licensee violates provisions of  this
chapter  during the course of the sale of beer at retail to a person for
consumption at home, and the sum of  one  hundred  thousand  dollars  as
against the holder of any license issued pursuant to sections fifty-one,
sixty-one,  and  sixty-two of this chapter. Any civil penalty so imposed
shall be in addition to and  separate  and  apart  from  the  terms  and

S. 7505--A                         72                         A. 9505--A

provisions  of  the bond required pursuant to section one hundred twelve
of this chapter. Provided that no appeal is pending on the imposition of
such civil penalty, in the event such civil penalty imposed by the divi-
sion  remains  unpaid,  in  whole  or in part, more than forty-five days
after written demand for payment has been sent by first  class  mail  to
the  address  of  the  licensed  premises, a notice of impending default
judgment shall be sent by first class mail to the licensed premises  and
by  first  class  mail  to the last known home address of the person who
signed the most recent license  application.  The  notice  of  impending
default judgment shall advise the licensee: (a) that a civil penalty was
imposed  on  the licensee; (b) the date the penalty was imposed; (c) the
amount of the civil penalty; (d) the amount of the  civil  penalty  that
remains  unpaid  as  of  the  date of the notice; (e) the violations for
which the civil penalty was imposed; and (f) that a judgment by  default
will be entered in the supreme court of the county in which the licensed
premises  are located, or other court of civil jurisdiction or any other
place provided for the entry of civil judgments within the state of  New
York  unless  the  division receives full payment of all civil penalties
due within twenty days of the date of the notice  of  impending  default
judgment.  If  full payment shall not have been received by the division
within thirty days of mailing of the notice of impending  default  judg-
ment, the division shall proceed to enter with such court a statement of
the  default  judgment containing the amount of the penalty or penalties
remaining due and unpaid, along with proof of mailing of the  notice  of
impending  default  judgment. The filing of such judgment shall have the
full force and effect of a default  judgment  duly  docketed  with  such
court  pursuant  to  the  civil  practice law and rules and shall in all
respects be governed by that chapter and may be  enforced  in  the  same
manner  and  with  the same effect as that provided by law in respect to
execution issued against property upon judgments of a court of record. A
judgment entered pursuant to this subdivision shall remain in full force
and effect for eight years notwithstanding any other provision of law.
  § 8. Subdivision 3 of section 17 of  the  alcoholic  beverage  control
law,  as  amended  by  section  4 of chapter 297 of the laws of 2016, is
amended to read as follows:
  3. To revoke, cancel or suspend for cause any license or permit issued
under this chapter and/or to impose a civil penalty  for  cause  against
any  holder  of a license or permit issued pursuant to this chapter. Any
civil penalty so imposed shall  not  exceed  the  sum  of  ten  thousand
dollars  as  against  the holder of any retail permit issued pursuant to
sections ninety-five,  ninety-seven,  ninety-eight,  ninety-nine-d,  and
paragraph f of subdivision one of section ninety-nine-b of this chapter,
and  as  against  the  holder  of  any retail license issued pursuant to
sections fifty-three-a,  fifty-four,  fifty-four-a,  fifty-five,  fifty-
five-a,    sixty-three,    sixty-four,    sixty-four-a,    sixty-four-b,
sixty-four-c, seventy-six-f, seventy-nine, eighty-one, and  eighty-one-a
of  this  chapter, and the sum of thirty thousand dollars as against the
holder of a license issued  pursuant  to  sections  fifty-three,  FIFTY-
EIGHT,  FIFTY-EIGHT-C,  sixty-one-a,  sixty-one-b, seventy-six, seventy-
six-a [and], seventy-eight AND EIGHTY-SIX of this chapter, provided that
the civil penalty against the  holder  of  a  wholesale  license  issued
pursuant to section fifty-three of this chapter shall not exceed the sum
of  ten thousand dollars where that licensee violates provisions of this
chapter during the course of the sale of beer at retail to a person  for
consumption  at  home,  and  the  sum of one hundred thousand dollars as
against the holder of any license issued pursuant to sections fifty-one,

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sixty-one and sixty-two of this chapter.  Any civil penalty  so  imposed
shall  be  in  addition  to  and  separate  and apart from the terms and
provisions of the bond required pursuant to section one  hundred  twelve
of this chapter. Provided that no appeal is pending on the imposition of
such civil penalty, in the event such civil penalty imposed by the divi-
sion  remains  unpaid,  in  whole  or in part, more than forty-five days
after written demand for payment has been sent by first  class  mail  to
the  address  of  the  licensed  premises, a notice of impending default
judgment shall be sent by first class mail to the licensed premises  and
by  first  class  mail  to the last known home address of the person who
signed the most recent license  application.  The  notice  of  impending
default judgment shall advise the licensee: (a) that a civil penalty was
imposed  on  the licensee; (b) the date the penalty was imposed; (c) the
amount of the civil penalty; (d) the amount of the  civil  penalty  that
remains  unpaid  as  of  the  date of the notice; (e) the violations for
which the civil penalty was imposed; and (f) that a judgment by  default
will be entered in the supreme court of the county in which the licensed
premises are located, or other court of civil jurisdiction, or any other
place  provided for the entry of civil judgments within the state of New
York unless the division receives full payment of  all  civil  penalties
due  within  twenty  days of the date of the notice of impending default
judgment. If full payment shall not have been received by  the  division
within  thirty  days of mailing of the notice of impending default judg-
ment, the division shall proceed to enter with such court a statement of
the default judgment containing the amount of the penalty  or  penalties
remaining  due  and unpaid, along with proof of mailing of the notice of
impending default judgment. The filing of such judgment shall  have  the
full  force  and  effect  of  a default judgment duly docketed with such
court pursuant to the civil practice law and  rules  and  shall  in  all
respects  be  governed  by  that chapter and may be enforced in the same
manner and with the same effect as that provided by law  in  respect  to
execution issued against property upon judgments of a court of record. A
judgment entered pursuant to this subdivision shall remain in full force
and effect for eight years notwithstanding any other provision of law.
  § 9. Paragraphs (a), (b), (c), (d), (e), (f), (g), (h), (i) and (l) of
subdivision  2  of  section  51-a of the alcoholic beverage control law,
paragraphs (a), (b), (c), (f), (h), (i) and (l) as added by chapter  108
of the laws of 2012, paragraph (d) as amended by chapter 384 of the laws
of  2013,  paragraph  (e) as amended by chapter 328 of the laws of 2016,
paragraph (g) as amended by chapter 431 of the laws of 2014,  and  para-
graph  (l) as relettered by chapter 384 of the laws of 2013, are amended
to read as follows:
  (a) manufacture New York state  labelled  cider  AND  NEW  YORK  STATE
LABELED BRAGGOT;
  (b)  sell in bulk [beer and cider] ALCOHOLIC BEVERAGES manufactured by
the licensee to any person licensed to manufacture  alcoholic  beverages
in  this  state or to a permittee engaged in the manufacture of products
which are unfit for beverage use;
  (c) sell or deliver [beer and cider] ALCOHOLIC BEVERAGES  manufactured
by the licensee to persons outside the state pursuant to the laws of the
place of such delivery;
  (d)  sell  [beer  and  cider]  ALCOHOLIC BEVERAGES manufactured by the
licensee to wholesalers and retailers licensed in  this  state  to  sell
such  [beer  and  cider]  ALCOHOLIC BEVERAGES, licensed farm distillers,
licensed farm wineries, licensed farm cideries, LICENSED FARM  MEADERIES
and any other licensed farm brewery. All such [beer and cider] ALCOHOLIC

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BEVERAGES  sold  by  the  licensee  shall  be  securely  sealed and have
attached thereto a label as shall be required  by  section  one  hundred
seven-a of this chapter;
  (e) sell at the licensed premises [beer and cider] ALCOHOLIC BEVERAGES
manufactured  by  the  licensee or any other licensed farm brewery[, and
wine and spirits manufactured  by  any  licensed  farm  winery  or  farm
distillery, at retail for consumption on or off the licensed premises];
  (f)  conduct  tastings  at  the  licensed premises of [beer and cider]
ALCOHOLIC BEVERAGES manufactured by the licensee or any  other  licensed
farm brewery;
  (g) operate a restaurant, hotel, catering establishment, or other food
and  drinking  establishment in or adjacent to the licensed premises and
sell at such place, at retail for consumption on the premises, [beer and
cider] ALCOHOLIC BEVERAGES manufactured by the licensee and any New York
state labeled beer, NEW YORK STATE LABELED BRAGGOT  or  New  York  state
labeled  cider.  All  of  the  provisions  of  this  chapter relative to
licenses to sell [beer] ALCOHOLIC BEVERAGES at retail for consumption on
and off the premises shall apply so far as applicable to such  licensee.
Notwithstanding  any  other  provision of law, the licensed farm brewery
may apply to the authority for a license  under  this  chapter  to  sell
other  alcoholic  beverages at retail for consumption on the premises at
such establishment;
  (h) sell [beer and cider]  ALCOHOLIC  BEVERAGES  manufactured  by  the
licensee  or  any  other licensed farm brewery at retail for consumption
off the premises, at the state fair, at recognized county fairs  and  at
farmers markets operated on a not-for-profit basis;
  (i)  conduct  tastings  of  and sell at retail for consumption off the
premises New York  state  labelled  wine  AND  MEAD  manufactured  by  a
[licensed  winery  or  licensed  farm winery] PERSON LICENSED TO PRODUCE
WINE OR MEAD UNDER THIS CHAPTER;
  (l) CONDUCT TASTINGS OF AND SELL AT RETAIL  FOR  CONSUMPTION  OFF  THE
PREMISES  NEW  YORK  STATE  LABELLED  BRAGGOT  MANUFACTURED  BY A PERSON
LICENSED TO PRODUCE BRAGGOT UNDER THIS CHAPTER; AND
  (M) engage in any other business on the licensed premises  subject  to
such  rules  and  regulations as the authority may prescribe. Such rules
and regulations shall determine which businesses will be compatible with
the policy and purposes of this chapter and shall consider the effect of
particular businesses on the community and area in the vicinity  of  the
farm brewery licensee.
  § 10. Paragraph (a) and subparagraph (ii) of paragraph (b) of subdivi-
sion  3  of section 51-a of the alcoholic beverage control law, as added
by chapter 108 of the laws of 2012, are amended to read as follows:
  (a) A farm brewery licensee may apply for a permit to conduct tastings
away from the licensed premises of [beer and cider] ALCOHOLIC  BEVERAGES
produced  by  the  licensee.  Such  permit shall be valid throughout the
state and may be issued on an annual basis  or  for  individual  events.
Each such permit and the exercise of the privilege granted thereby shall
be  subject  to  such  rules and conditions of the authority as it deems
necessary.
  (ii) any liability stemming from a right of action  resulting  from  a
tasting  of [beer or cider] ALCOHOLIC BEVERAGES as authorized herein and
in accordance with the provisions of sections 11-100 and 11-101  of  the
general obligations law, shall accrue to the farm brewery.
  §  11. Subdivision 4 of section 51-a of the alcoholic beverage control
law, as added by chapter 108 of the laws of 2012, is amended to read  as
follows:

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  4. A licensed farm brewery holding a tasting permit issued pursuant to
subdivision  three  of  this  section  may  apply to the authority for a
permit to sell [beer and cider] ALCOHOLIC  BEVERAGES  produced  by  such
farm  brewery,  by the bottle, during such tastings in premises licensed
under  sections sixty-four, sixty-four-a, eighty-one and eighty-one-a of
this chapter.  Each such permit and the exercise of the privilege grant-
ed thereby shall be subject to such rules and conditions of the authori-
ty as it deems necessary.
  § 12. Subdivision 10 of section 51-a of the alcoholic beverage control
law, as amended by chapter 431 of the laws of 2014, is amended  to  read
as follows:
  10.  (a)  No  farm brewery shall manufacture in excess of seventy-five
thousand finished barrels of [beer and cider] ALCOHOLIC BEVERAGES  annu-
ally.
  (b)  A  farm brewery shall manufacture at least fifty barrels of [beer
and cider] ALCOHOLIC BEVERAGES annually.
  § 13. Subdivisions 1 and 2 of section 56-a of the  alcoholic  beverage
control  law, as amended by chapter 422 of the laws of 2016, are amended
to read as follows:
  1. In addition to the annual fees provided for in this chapter,  there
shall  be  paid  to  the  authority  with each initial application for a
license filed pursuant to  section  fifty-one,  fifty-one-a,  fifty-two,
fifty-three,   fifty-eight,   fifty-eight-c,  fifty-eight-d,  sixty-one,
sixty-two, seventy-six, seventy-seven [or], seventy-eight OR  EIGHTY-SIX
of this chapter, a filing fee of four hundred dollars; with each initial
application  for a license filed pursuant to section sixty-three, sixty-
four, sixty-four-a or sixty-four-b of this chapter, a filing fee of  two
hundred  dollars;  with  each  initial  application  for a license filed
pursuant to section fifty-three-a, fifty-four, fifty-five, fifty-five-a,
seventy-nine, eighty-one or eighty-one-a of this chapter, a  filing  fee
of one hundred dollars; with each initial application for a permit filed
pursuant  to section ninety-one, ninety-one-a, ninety-two, ninety-two-a,
ninety-three, ninety-three-a, if such permit is to be issued on a calen-
dar year basis, ninety-four, ninety-five, ninety-six or ninety-six-a, or
pursuant to paragraph b, c, e or j of subdivision one of  section  nine-
ty-nine-b  of  this chapter if such permit is to be issued on a calendar
year basis, or for an additional bar pursuant  to  subdivision  four  of
section one hundred of this chapter, a filing fee of twenty dollars; and
with  each application for a permit under section ninety-three-a of this
chapter, other than a permit to be issued  on  a  calendar  year  basis,
section  ninety-seven,  ninety-eight,  ninety-nine,  or ninety-nine-b of
this chapter, other than a permit to be issued pursuant to paragraph  b,
c, e or j of subdivision one of section ninety-nine-b of this chapter on
a calendar year basis, a filing fee of ten dollars.
  2.  In addition to the annual fees provided for in this chapter, there
shall be paid to the authority  with  each  renewal  application  for  a
license  filed  pursuant  to  section fifty-one, fifty-one-a, fifty-two,
fifty-three,  fifty-eight,  fifty-eight-c,   fifty-eight-d,   sixty-one,
sixty-two,  seventy-six, seventy-seven [or], seventy-eight OR EIGHTY-SIX
of this chapter, a filing fee of one hundred dollars; with each  renewal
application  for a license filed pursuant to section sixty-three, sixty-
four, sixty-four-a or sixty-four-b of this  chapter,  a  filing  fee  of
ninety dollars; with each renewal application for a license filed pursu-
ant to section seventy-nine, eighty-one or eighty-one-a of this chapter,
a  filing  fee of twenty-five dollars; and with each renewal application
for a license or permit filed pursuant to section fifty-three-a,  fifty-

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four,  fifty-five,  fifty-five-a,  ninety-one, ninety-one-a, ninety-two,
ninety-two-a, ninety-three, ninety-three-a, if such permit is issued  on
a  calendar  year basis, ninety-four, ninety-five, ninety-six or ninety-
six-a  of this chapter or pursuant to paragraph b, c, e or j of subdivi-
sion one of section ninety-nine-b, if such permit is issued on a  calen-
dar  year  basis, or with each renewal application for an additional bar
pursuant to subdivision four of section one hundred of this  chapter,  a
filing fee of thirty dollars.
  § 14.  Paragraph (j) of subdivision 2 of section 58-c of the alcoholic
beverage  control law, as amended by chapter 327 of the laws of 2016, is
amended and two new paragraphs (j-1) and (j-2)  are  added  to  read  as
follows:
  (j)  conduct  tastings of and sell at retail for consumption on or off
the premises New York state labelled liquor manufactured by  a  licensed
distiller or licensed farm distiller; provided, however, that no consum-
er  may  be  provided,  directly or indirectly: (i) with more than three
samples of liquor for tasting in one calendar day; or (ii) with a sample
of liquor for tasting equal to more than one-quarter fluid ounce; [and]
  (J-1) CONDUCT TASTINGS OF AND SELL AT RETAIL FOR CONSUMPTION ON OR OFF
THE PREMISES NEW YORK STATE  LABELLED  MEAD  MANUFACTURED  BY  A  PERSON
LICENSED TO PRODUCE MEAD UNDER THIS CHAPTER;
  (J-2) CONDUCT TASTINGS OF AND SELL AT RETAIL FOR CONSUMPTION ON OR OFF
THE  PREMISES  NEW  YORK STATE LABELLED BRAGGOT MANUFACTURED BY A PERSON
LICENSED TO PRODUCE BRAGGOT UNDER THIS CHAPTER; AND
  § 15. Clauses (vi) and (vii) of paragraph (a) of  subdivision  2-c  of
section  61 of the alcoholic beverage control law, as amended by chapter
103 of the laws of 2017, are amended and two new clauses (viii) and (ix)
are added to read as follows:
  (vi) To conduct tastings of and sell at retail for consumption  on  or
off  the  premises  New  York  state  labelled  cider  manufactured by a
licensed brewer, licensed farm brewery, licensed farm  winery,  licensed
cider producer or licensed farm cidery; [and]
  (vii)  To conduct tastings of and sell at retail for consumption on or
off the premises New York state labelled wine manufactured by a licensed
winery or licensed farm winery[.];
  (VIII) TO CONDUCT TASTINGS OF AND SELL AT RETAIL FOR CONSUMPTION ON OR
OFF THE PREMISES NEW YORK STATE LABELLED MEAD MANUFACTURED BY  A  PERSON
LICENSED TO PRODUCE MEAD UNDER THIS CHAPTER; AND
  (IX)  TO  CONDUCT TASTINGS OF AND SELL AT RETAIL FOR CONSUMPTION ON OR
OFF THE PREMISES NEW YORK  STATE  LABELLED  BRAGGOT  MANUFACTURED  BY  A
PERSON LICENSED TO PRODUCE BRAGGOT UNDER THIS CHAPTER.
  §  16. Paragraphs (a), (b), (c) and (d) of subdivision 2 of section 76
of the alcoholic beverage control law, as amended by chapter 108 of  the
laws of 2012, are amended to read as follows:
  (a)  to  operate  a winery for the manufacture of wine AND MEAD at the
premises specifically designated in the license;
  (b) to receive and possess wine AND MEAD from other  states  consigned
to  a  United  States  government  bonded winery, warehouse or storeroom
located within the state;
  (c) to sell in bulk from the licensed premises the  products  manufac-
tured  under  such  license  and wine AND MEAD received by such licensee
from any other state to any winery  licensee,  OR  MEADERY  LICENSE  any
distiller  licensee  or  to  a  permittee  engaged in the manufacture of
products which are unfit for beverage use and to sell  or  deliver  such
wine  OR  MEAD  to persons outside the state pursuant to the laws of the
place of such sale or delivery;

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  (d) to sell from the licensed premises to  a  licensed  wholesaler  or
retailer,  or  to  a corporation operating railroad cars or aircraft for
consumption on such carriers, wine AND MEAD manufactured or received  by
the licensee as above set forth in the original sealed containers of not
more than fifteen gallons each and to sell or deliver such wine AND MEAD
to  persons  outside the state pursuant to the laws of the place of such
sale or delivery. All wine AND MEAD  sold  by  such  licensee  shall  be
securely  sealed  and  have  attached thereto a label setting forth such
information as shall be required by this chapter;
  § 17. Subdivision 4-a of section 76 of the alcoholic beverage  control
law,  as  amended by chapter 431 of the laws of 2014, is amended to read
as follows:
  4-a. A licensed winery  may  operate  a  restaurant,  hotel,  catering
establishment,  or  other food and drinking establishment in or adjacent
to the licensed premises and sell at such place, at retail for  consump-
tion  on  the premises, wine, MEAD and wine products manufactured by the
licensee and any New York state labeled wine, MEAD  or  New  York  state
labeled  wine product. All of the provisions of this chapter relative to
licenses to sell wine at retail for consumption on  the  premises  shall
apply  so  far as applicable to such licensee. Notwithstanding any other
provision of law, the licensed winery may apply to the authority  for  a
license  under  article  four  of  this  chapter to sell other alcoholic
beverages at retail for consumption on the premises at  such  establish-
ment.
  § 17-a. Subdivision 13 of section 76 of the alcoholic beverage control
law,  as added by chapter 221 of the laws of 2011, is amended to read as
follows:
  13. Notwithstanding any other provision of  law  to  the  contrary,  a
winery  licensed  pursuant  to  this  section  may engage in custom wine
production allowing individuals to assist in the production of  wine  OR
MEAD  for  sale  for personal or family use, provided, however, that (a)
the wine OR MEAD must be purchased by the individual  assisting  in  the
production of such wine OR MEAD; and (b) the owner, employee or agent of
such winery shall be present at all times during such production.
  §  18.  Subdivision 14 of section 76 of the alcoholic beverage control
law, as added by chapter 431 of the laws of 2014, is amended to read  as
follows:
  14.  Any person licensed under this section shall manufacture at least
fifty gallons of wine AND/OR MEAD per year.
  § 19. Paragraphs (a), (c), (e) and (f) of  subdivision  2  of  section
76-a  of  the  alcoholic beverage control law, paragraph (a) as added by
chapter 221 of the laws of 2011, paragraph (c) as amended by chapter 384
of the laws of 2013, paragraph (e) as amended by chapter 328 of the laws
of 2016 and paragraph (f) as amended by chapter 431 of the laws of 2014,
are amended to read as follows:
  (a) operate a farm winery for the manufacture of wine, NEW YORK  STATE
LABELED  MEAD  or  NEW  YORK STATE LABELED cider at the premises specif-
ically designated in the license;
  (c) sell from the licensed premises to a licensed winery, farm distil-
ler, farm brewery, farm cidery, FARM MEADERY, wholesaler or retailer, or
to a corporation operating railroad cars or aircraft for consumption  on
such  carriers,  or at retail for consumption off the premises, [wine or
cider] ALCOHOLIC BEVERAGES manufactured by the  licensee  as  above  set
forth  and  to sell or deliver such wine or cider to persons outside the
state pursuant to the laws of the place of such sale  or  delivery.  All
[wine  or  cider] ALCOHOLIC BEVERAGES sold by such licensee for consump-

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tion off the premises shall be securely sealed and have attached thereto
a label setting forth such information as  shall  be  required  by  this
chapter;
  (e)  CONDUCT  TASTINGS OF AND sell at the licensed premises [cider and
wine], AT RETAIL FOR CONSUMPTION ON OR OFF THE LICENSED  PREMISES  ALCO-
HOLIC  BEVERAGES manufactured by the licensee or any other licensed farm
winery[, and]; NEW YORK STATE LABELED WINE MANUFACTURED BY ANY  LICENSED
WINERY;  NEW YORK STATE LABELED beer MANUFACTURED BY ANY LICENSED BREWER
OR FARM BREWERY; NEW  YORK  STATE  LABELED  CIDER  MANUFACTURED  BY  ANY
LICENSED  CIDER  PRODUCER,  FARM  CIDERY OR FARM BREWERY; NEW YORK STATE
LABELED MEAD MANUFACTURED BY ANY LICENSED FARM MEADERY, WINERY  OR  FARM
WINERY;  NEW  YORK  STATE  LABELED  BRAGGOT MANUFACTURED BY ANY LICENSED
MEADERY, BREWERY OR FARM BREWERY and [spirits] NEW  YORK  STATE  LABELED
LIQUOR  manufactured by any licensed [farm brewery or] DISTILLER OR farm
distillery[, at retail for consumption on or off the licensed premises];
  (f) operate a restaurant, hotel, catering establishment, or other food
and drinking establishment in or adjacent to the licensed  premises  and
sell  at  such  place, at retail for consumption on the premises, [wine,
cider and wine products] ALCOHOLIC BEVERAGES manufactured by the  licen-
see  and  any New York state labeled wine, New York state labeled cider,
NEW YORK STATE LABELED MEAD or New York state labeled wine product.  All
of  the  provisions of this chapter relative to licenses to sell wine at
retail for consumption on the premises shall apply so far as  applicable
to  such  licensee.  Notwithstanding  any  other  provision  of law, the
licensed FARM winery may apply to the  authority  for  a  license  under
[article  four  of]  this  chapter  to sell other alcoholic beverages at
retail for consumption on the premises at such establishment.
  § 20. Paragraphs (f), (g) and (h) of subdivision 6 of section 76-a  of
the alcoholic beverage control law are REPEALED.
  §  21. Subdivision 8 of section 76-a of the alcoholic beverage control
law, as amended by chapter 431 of the laws of 2014, is amended  to  read
as follows:
  8.  (a)  No  licensed  farm  winery shall manufacture in excess of two
hundred fifty thousand finished gallons of  [wine]  ALCOHOLIC  BEVERAGES
annually.
  (b)  Any person licensed under this section shall manufacture at least
fifty gallons of [wine] ALCOHOLIC BEVERAGES per year.
  § 22. Subdivision 9 of section 76-a of the alcoholic beverage  control
law,  as added by chapter 221 of the laws of 2011, is amended to read as
follows:
  9. Notwithstanding any other provision of law to the contrary, a  farm
winery  licensed  pursuant  to  this section may engage in custom [wine]
production allowing individuals to assist in the production of NEW  YORK
STATE  LABELED wine, CIDER AND MEAD for sale for personal or family use,
provided, however, that (a) the wine, CIDER AND MEAD must  be  purchased
by  the  individual  assisting  in the production of such wine, CIDER OR
MEAD; and (b) the owner, employee or agent of such winery shall be pres-
ent at all times during such production.
  § 23. Subdivision 2 of  section  101-aaa  of  the  alcoholic  beverage
control  law,  as amended by chapter 242 of the laws of 2012, is amended
to read as follows:
  2. No manufacturer or wholesaler licensed  under  this  chapter  shall
sell  or  deliver  any  beer, MEAD, cider or wine products to any retail
licensee except as provided for in this section:
  (a) for cash to be paid at the time of delivery; or

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  (b) on terms requiring payment by such retail licensee for such  beer,
MEAD, cider, or wine products on or before the final payment date of any
credit period within which delivery is made. Provided, however, that the
sale  of  wine  products MEAD, or cider to a retail licensee by a whole-
saler licensed under section fifty-eight, sixty-two, or seventy-eight of
this  chapter,  or  a licensed manufacturer of liquor, MEAD or wine or a
cider producer's license, shall be governed by the provisions of section
one hundred-one-aa of this article.
  § 24. Paragraphs (b), (d) and (e) of subdivision 4 of section 107-a of
the alcoholic beverage control law, paragraph (b) as amended by  chapter
369  of  the  laws of 2017, paragraphs (d) and (e) as amended by chapter
354 of the laws of 2013, are amended to read as follows:
  (b) The annual fee for registration of any brand or trade  name  label
for liquor shall be two hundred fifty dollars; the annual fee for regis-
tration  of  any brand or trade name label for beer, MEAD or cider shall
be one hundred fifty dollars; the annual fee  for  registration  of  any
brand  or  trade  name  label  for  wine or wine products shall be fifty
dollars.  Such fee shall be in the form of a check or draft.  No  annual
fee  for registration of any brand or trade name label for wine shall be
required if it has been approved by the  Alcohol  and  Tobacco  Tax  and
Trade  Bureau  of  the  United States Department of Treasury pursuant to
this section.
  Each brand or trade name label registration approved pursuant to  this
section  shall  be  valid  for a term of three years as set forth by the
authority and which shall be pro-rated for partial years as applicable.
  Each brand or trade name label registration approved pursuant to  this
section  shall  be  valid only for the licensee to whom issued and shall
not be transferable.
  (d) The authority may at any time exempt any discontinued  brand  from
such  fee provisions where a manufacturer or wholesaler has an inventory
of one hundred cases or less of liquor or wine and five hundred cases or
less of beer, and certifies to the authority in writing that such  brand
is  being  discontinued.  The  authority may also at any time exempt any
discontinued brand from such fee provisions where a retailer discontinu-
ing a brand owned by him has a balance of an order yet to  be  delivered
of  fifty cases or less of liquor or wine, or two hundred fifty cases or
less of beer, MEAD, wine products or cider.
  (e) The authority shall exempt from such fee provisions the  registra-
tion of each brand or trade name label used for beer, MEAD or cider that
is  produced  in  small size batches totaling fifteen hundred barrels or
less of beer, MEAD or cider annually.
  § 25. This act shall take effect on the ninetieth day after  it  shall
have  become  a  law,  provided that the amendments to section 17 of the
alcoholic beverage control law made by section seven of this  act  shall
be  subject  to the expiration and reversion of such section pursuant to
section 4 of chapter 118 of the laws of 2012, as amended, when upon such
date the provisions of section eight of this act shall take effect.

                                 PART S

  Section 1. The alcoholic beverage control law is amended by  adding  a
new section 61-c to read as follows:
  §  61-C. EXPORTER'S LICENSE. AN EXPORTER'S LICENSE SHALL AUTHORIZE THE
HOLDER THEREOF TO PURCHASE ALCOHOLIC BEVERAGES FROM LICENSED MANUFACTUR-
ERS SOLELY FOR PURPOSES OF EXPORT OUTSIDE OF THIS STATE PURSUANT TO  AND
IN ACCORDANCE WITH THE LAWS OF THE PLACE OF DELIVERY.

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  §  2.  Section  66 of the alcoholic beverage control law is amended by
adding a new subdivision 3-b to read as follows:
  3-B.  THE  ANNUAL  FEE  FOR AN EXPORTER'S LICENSE SHALL BE ONE HUNDRED
TWENTY-FIVE DOLLARS.
  § 3. Subdivision 3 of section 17 of  the  alcoholic  beverage  control
law,  as  amended  by  section  3 of chapter 297 of the laws of 2016, is
amended to read as follows:
  3. To revoke, cancel or suspend for cause any license or permit issued
under this chapter and/or to impose a civil penalty  for  cause  against
any  holder  of a license or permit issued pursuant to this chapter. Any
civil penalty so imposed shall  not  exceed  the  sum  of  ten  thousand
dollars  as  against  the holder of any retail permit issued pursuant to
sections ninety-five,  ninety-seven,  ninety-eight,  ninety-nine-d,  and
paragraph f of subdivision one of section ninety-nine-b of this chapter,
and  as  against  the  holder  of  any retail license issued pursuant to
sections fifty-three-a,  fifty-four,  fifty-four-a,  fifty-five,  fifty-
five-a,    sixty-three,    sixty-four,    sixty-four-a,    sixty-four-b,
sixty-four-c, seventy-six-f, seventy-nine, eighty-one  and  eighty-one-a
of  this  chapter, and the sum of thirty thousand dollars as against the
holder  of  a  license  issued   pursuant   to   sections   fifty-three,
sixty-one-a,  sixty-one-b,  SIXTY-ONE-C, seventy-six, seventy-six-a, and
seventy-eight of this chapter, provided that the civil  penalty  against
the holder of a wholesale license issued pursuant to section fifty-three
of  this  chapter shall not exceed the sum of ten thousand dollars where
that licensee violates provisions of this chapter during the  course  of
the  sale of beer at retail to a person for consumption at home, and the
sum of one hundred thousand dollars as against the holder of any license
issued pursuant to sections fifty-one, sixty-one, and sixty-two of  this
chapter.  Any civil penalty so imposed shall be in addition to and sepa-
rate and apart from the terms and provisions of the bond required pursu-
ant to section one hundred twelve of  this  chapter.  Provided  that  no
appeal  is pending on the imposition of such civil penalty, in the event
such civil penalty imposed by the division remains unpaid, in  whole  or
in  part, more than forty-five days after written demand for payment has
been sent by first class mail to the address of the licensed premises, a
notice of impending default judgment shall be sent by first  class  mail
to  the licensed premises and by first class mail to the last known home
address of the person who signed the most  recent  license  application.
The  notice of impending default judgment shall advise the licensee: (a)
that a civil penalty was imposed on  the  licensee;  (b)  the  date  the
penalty was imposed; (c) the amount of the civil penalty; (d) the amount
of  the  civil penalty that remains unpaid as of the date of the notice;
(e) the violations for which the civil penalty was imposed; and (f) that
a judgment by default will be entered in the supreme court of the county
in which the licensed premises are located,  or  other  court  of  civil
jurisdiction  or  any  other place provided for the entry of civil judg-
ments within the state of New York unless  the  division  receives  full
payment of all civil penalties due within twenty days of the date of the
notice  of  impending  default  judgment. If full payment shall not have
been received by the division within  thirty  days  of  mailing  of  the
notice  of  impending  default  judgment,  the division shall proceed to
enter with such court a statement of the default judgment containing the
amount of the penalty or penalties remaining due and unpaid, along  with
proof of mailing of the notice of impending default judgment. The filing
of such judgment shall have the full force and effect of a default judg-
ment  duly  docketed  with such court pursuant to the civil practice law

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and rules and shall in all respects be governed by that chapter and  may
be enforced in the same manner and with the same effect as that provided
by law in respect to execution issued against property upon judgments of
a court of record. A judgment entered pursuant to this subdivision shall
remain  in  full  force  and  effect for eight years notwithstanding any
other provision of law.
  § 4. Subdivision 3 of section 17 of  the  alcoholic  beverage  control
law,  as  amended  by  section  4 of chapter 297 of the laws of 2016, is
amended to read as follows:
  3. To revoke, cancel or suspend for cause any license or permit issued
under this chapter and/or to impose a civil penalty  for  cause  against
any  holder  of a license or permit issued pursuant to this chapter. Any
civil penalty so imposed shall  not  exceed  the  sum  of  ten  thousand
dollars  as  against  the holder of any retail permit issued pursuant to
sections ninety-five,  ninety-seven,  ninety-eight,  ninety-nine-d,  and
paragraph f of subdivision one of section ninety-nine-b of this chapter,
and  as  against  the  holder  of  any retail license issued pursuant to
sections fifty-three-a,  fifty-four,  fifty-four-a,  fifty-five,  fifty-
five-a,    sixty-three,    sixty-four,    sixty-four-a,    sixty-four-b,
sixty-four-c, seventy-six-f, seventy-nine, eighty-one, and  eighty-one-a
of  this  chapter, and the sum of thirty thousand dollars as against the
holder  of  a  license  issued   pursuant   to   sections   fifty-three,
sixty-one-a,  sixty-one-b,  SIXTY-ONE-C,  seventy-six, seventy-six-a and
seventy-eight of this chapter, provided that the civil  penalty  against
the holder of a wholesale license issued pursuant to section fifty-three
of  this  chapter shall not exceed the sum of ten thousand dollars where
that licensee violates provisions of this chapter during the  course  of
the  sale of beer at retail to a person for consumption at home, and the
sum of one hundred thousand dollars as against the holder of any license
issued pursuant to sections fifty-one, sixty-one and sixty-two  of  this
chapter.  Any civil penalty so imposed shall be in addition to and sepa-
rate and apart from the terms and provisions of the bond required pursu-
ant  to  section  one  hundred  twelve of this chapter. Provided that no
appeal is pending on the imposition of such civil penalty, in the  event
such  civil  penalty imposed by the division remains unpaid, in whole or
in part, more than forty-five days after written demand for payment  has
been sent by first class mail to the address of the licensed premises, a
notice  of  impending default judgment shall be sent by first class mail
to the licensed premises and by first class mail to the last known  home
address  of  the  person who signed the most recent license application.
The notice of impending default judgment shall advise the licensee:  (a)
that  a  civil  penalty  was  imposed  on the licensee; (b) the date the
penalty was imposed; (c) the amount of the civil penalty; (d) the amount
of the civil penalty that remains unpaid as of the date of  the  notice;
(e) the violations for which the civil penalty was imposed; and (f) that
a judgment by default will be entered in the supreme court of the county
in  which  the  licensed  premises  are located, or other court of civil
jurisdiction, or any other place provided for the entry of  civil  judg-
ments  within  the  state  of New York unless the division receives full
payment of all civil penalties due within twenty days of the date of the
notice of impending default judgment. If full  payment  shall  not  have
been  received  by  the  division  within  thirty days of mailing of the
notice of impending default judgment,  the  division  shall  proceed  to
enter with such court a statement of the default judgment containing the
amount  of the penalty or penalties remaining due and unpaid, along with
proof of mailing of the notice of impending default judgment. The filing

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of such judgment shall have the full force and effect of a default judg-
ment duly docketed with such court pursuant to the  civil  practice  law
and  rules and shall in all respects be governed by that chapter and may
be enforced in the same manner and with the same effect as that provided
by law in respect to execution issued against property upon judgments of
a court of record. A judgment entered pursuant to this subdivision shall
remain  in  full  force  and  effect for eight years notwithstanding any
other provision of law.
  § 5. This act shall take effect on the one hundred eightieth day after
it shall have become a law; provided that the amendments to  subdivision
3  of  section  17 of the alcoholic beverage control law made by section
three of this act shall be subject to the expiration  and  reversion  of
such  section  pursuant to section 4 of chapter 118 of the laws of 2012,
as amended, when upon such date the provisions of section four  of  this
act shall take effect; and provided, further, that any and all rules and
regulations  and any other measures necessary to implement any provision
of this act on its effective date may be promulgated and taken,  respec-
tively, on or before the effective date of such provision.

                                 PART T

  Section  1.  Section 2 of chapter 303 of the laws of 1988, relating to
the extension of the state commission on the restoration of the capitol,
as amended by chapter 207 of the laws of 2013, is  amended  to  read  as
follows:
  §  2. The temporary state commission on the restoration of the capitol
is hereby renamed as the state commission  on  the  restoration  of  the
capitol (hereinafter to be referred to as the "commission") and is here-
by  continued  until April 1, [2018] 2023.  The commission shall consist
of eleven members to be appointed as  follows:  five  members  shall  be
appointed  by the governor; two members shall be appointed by the tempo-
rary president of the senate; two members  shall  be  appointed  by  the
speaker  of  the assembly; one member shall be appointed by the minority
leader of the senate; one member shall  be  appointed  by  the  minority
leader  of  the  assembly,  together  with  the  commissioner of general
services and the commissioner of parks, recreation and historic  preser-
vation.  The  term  for  each  elected  member shall be for three years,
except that of the first five members appointed  by  the  governor,  one
shall  be for a one year term, and two shall be for a two year term, and
one of the first appointments by the president of the senate and by  the
speaker  of  the assembly shall be for a two year term. Any vacancy that
occurs in the commission shall be filled in the same manner in which the
original appointment was made. The commission shall elect a chairman and
a vice-chairman from among its  members.    The  members  of  the  state
commission  on  the  restoration  of  the  capitol shall be deemed to be
members of the commission until  their  successors  are  appointed.  The
members  of  the  commission  shall  receive  no  compensation for their
services, but shall be reimbursed for their expenses actually and neces-
sarily incurred by them in the performance of their duties hereunder.
  § 2. Section 9 of chapter 303 of the laws of  1988,  relating  to  the
extension  of the state commission on the restoration of the capitol, as
amended by chapter 207 of the laws  of  2013,  is  amended  to  read  as
follows:
  §  9. This act shall take effect immediately, and shall remain in full
force and effect until April 1, [2018] 2023.

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  § 3. This act shall take effect immediately and  shall  be  deemed  to
have  been in full force and effect on and after April 1, 2018; provided
that the amendments to section 2 of chapter 303 of the laws of 1988 made
by section one of this act shall not affect the expiration of such chap-
ter, and shall be deemed to expire therewith.

                                 PART U

  Section  1. The section heading and subdivision 1 of section 34 of the
public lands law, as amended by chapter 703 of the  laws  of  1994,  are
amended to read as follows:
  Transfer  of  unappropriated  state  lands  for mental health, [mental
retardation] DEVELOPMENTAL  DISABILITY,  park,  recreation,  playground,
reforestation, PUBLIC EDUCATION, PUBLIC SAFETY, street [or], highway, OR
OTHER MUNICIPAL purposes. 1. [Such] THE commissioner of general services
may,  from  time  to  time,  transfer and convey to a city, incorporated
village, town, or county OR, AS DEFINED IN SECTION ONE  HUNDRED  OF  THE
GENERAL  MUNICIPAL  LAW,  TO  A  POLITICAL SUBDIVISION, FIRE COMPANY, OR
VOLUNTARY AMBULANCE SERVICE, in consideration of one dollar to  be  paid
to  the  state  of  New  York,  and on such terms and conditions as such
commissioner may impose, a part or all of any parcel or parcels of unap-
propriated state lands upon certification that such  parcel  or  parcels
are  useful  for  local  mental  health facilities, [mental retardation]
DEVELOPMENTAL  DISABILITY  facilities,  park,  recreation,   playground,
reforestation, PUBLIC EDUCATION, PUBLIC SAFETY, street [or], highway, OR
OTHER  MUNICIPAL  purposes,  and that they will be properly improved and
maintained for one or more of  such  purposes  and  provided  that  this
disposition  of  such  parcel  or  parcels  is not otherwise prohibited.
Certification shall be evidenced by a formal request from the [board  of
estimate,]  common council, village board, town board [or], county board
of supervisors, OR OTHER ELECTIVE GOVERNING BOARD OR BODY NOW  OR  HERE-
AFTER VESTED BY STATE STATUTE, CHARTER OR OTHER LAW WITH JURISDICTION TO
INITIATE  AND  ADOPT  LOCAL LAWS OR ORDINANCES, OR SUCH BOARD OR BODY AS
MAY BE AUTHORIZED BY LAW TO INITIATE  SUCH  REQUEST  AND  CERTIFICATION,
setting  forth  in  detail  the parcel or parcels to be released, trans-
ferred and conveyed and the availability and usefulness of  such  parcel
or  parcels  for  one  or more of such purposes. In the city of New York
however, certification shall be evidenced by a formal request  from  the
mayor.  In the event that lands transferred under the provisions of this
section are not properly improved and maintained for one or more of  the
purposes  contemplated  by this section by the city, village, town [or],
county, POLITICAL SUBDIVISION,  FIRE  COMPANY,  OR  VOLUNTARY  AMBULANCE
SERVICE  to  which they were transferred, the title thereto shall revert
to the people of the state of New York,  and  the  attorney-general  may
institute  an  action  in  the  supreme court for a judgment declaring a
revesting of such title in the state. [Such] THE commissioner  may  also
transfer  any  unappropriated state lands to the office of parks, recre-
ation and historic  preservation  or  the  department  of  environmental
conservation,  upon the application of the commissioner thereof indicat-
ing that such unappropriated state lands are  required  for  state  park
purposes within the area of jurisdiction of such office or department.
  § 2. This act shall take effect immediately.

                                 PART V

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  Section  1.  The  state finance law is amended by adding a new section
99-bb to read as follows:
  §  99-BB.  PARKING  SERVICES  FUND. 1. NOTWITHSTANDING SECTIONS EIGHT,
EIGHT-A AND SEVENTY OF THIS CHAPTER OR ANY OTHER PROVISION OF LAW, RULE,
REGULATION, OR PRACTICE TO THE CONTRARY, THERE IS HEREBY ESTABLISHED  IN
THE JOINT CUSTODY OF THE STATE COMPTROLLER AND THE COMMISSIONER OF TAXA-
TION  AND  FINANCE A PARKING SERVICES FUND, WHICH SHALL BE CLASSIFIED BY
THE STATE COMPTROLLER AS  AN  ENTERPRISE  FUND  TYPE,  AND  WHICH  SHALL
CONSIST  OF ALL MONEYS RECEIVED FROM PRIVATE ENTITIES AND INDIVIDUALS AS
FEES FOR THE USE OF STATE-OWNED PARKING LOTS AND GARAGES.
  2. MONEYS WITHIN THE PARKING SERVICES FUND SHALL BE AVAILABLE  TO  THE
COMMISSIONER OF GENERAL SERVICES FOR SERVICES AND EXPENSES OF THE OFFICE
RELATING  TO THE DIRECT MAINTENANCE AND OPERATION OF STATE-OWNED PARKING
LOTS AND GARAGES.
  § 2. The state finance law is amended by adding a new section 99-cc to
read as follows:
  § 99-CC. SOLID WASTE FUND. 1. NOTWITHSTANDING SECTIONS EIGHT,  EIGHT-A
AND  SEVENTY  OF THIS CHAPTER OR ANY OTHER PROVISION OF LAW, RULE, REGU-
LATION, OR PRACTICE TO THE CONTRARY, THERE IS HEREBY ESTABLISHED IN  THE
JOINT  CUSTODY OF THE STATE COMPTROLLER AND THE COMMISSIONER OF TAXATION
AND FINANCE A SOLID WASTE FUND, WHICH SHALL BE CLASSIFIED BY  THE  STATE
COMPTROLLER  AS  AN ENTERPRISE FUND TYPE, AND WHICH SHALL CONSIST OF ALL
MONEYS RECEIVED FROM PRIVATE ENTITIES BY  THE  COMMISSIONER  OF  GENERAL
SERVICES FOR THE SALE OF RECYCLABLES.
  2.  MONEYS  WITHIN  THE  SOLID  WASTE  FUND  SHALL BE AVAILABLE TO THE
COMMISSIONER OF GENERAL SERVICES FOR SERVICES AND EXPENSES OF THE OFFICE
RELATING TO THE COLLECTION, PROCESSING AND SALE OF RECYCLED MATERIALS.
  § 3. The state finance law is amended by adding a new section 99-dd to
read as follows:
  § 99-DD. SPECIAL  EVENTS  FUND.  1.  NOTWITHSTANDING  SECTIONS  EIGHT,
EIGHT-A  AND  SEVENTY  OF  THIS  CHAPTER AND ANY OTHER PROVISION OF LAW,
RULE, REGULATION, OR PRACTICE TO THE CONTRARY, THERE  IS  HEREBY  ESTAB-
LISHED IN THE JOINT CUSTODY OF THE STATE COMPTROLLER AND THE COMMISSION-
ER OF TAXATION AND FINANCE A SPECIAL EVENTS FUND, WHICH SHALL BE CLASSI-
FIED  BY  THE  STATE  COMPTROLLER  AS AN ENTERPRISE FUND TYPE, AND WHICH
SHALL CONSIST OF ALL MONEYS RECEIVED FROM PRIVATE ENTITIES AND  INDIVID-
UALS  AS  FEES  FOR THE USE OF PHYSICAL SPACE AT STATE-OWNED FACILITIES,
INCLUDING, BUT NOT LIMITED TO,  THE  EMPIRE  STATE  PLAZA  AND  HARRIMAN
CAMPUS, AND ANY OTHER MISCELLANEOUS FEES ASSOCIATED WITH THE USE OF SUCH
PHYSICAL  SPACE  AT  SUCH STATE-OWNED FACILITIES BY PRIVATE ENTITIES AND
INDIVIDUALS.
  2. MONEYS WITHIN THE SPECIAL EVENTS FUND SHALL  BE  AVAILABLE  TO  THE
COMMISSIONER OF GENERAL SERVICES FOR SERVICES AND EXPENSES OF THE OFFICE
RELATING  TO  THE  USE OF STATE-OWNED FACILITIES BY PRIVATE ENTITIES AND
INDIVIDUALS.
  § 4. This act shall take effect April 1, 2018.

                                 PART W

  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

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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
THREE HUNDRED. THE DEPARTMENT SHALL NOT APPROVE ANY TEMPORARY  POSITIONS
WHICH ARE NOT CERTIFIED BY THE OFFICE OF INFORMATION TECHNOLOGY SERVICES
TO  THE  DEPARTMENT IN ACCORDANCE WITH THIS SECTION WITHIN FIVE YEARS OF
THE DATE WHEN THIS SECTION SHALL HAVE BECOME A LAW.
  2. AT LEAST FIFTEEN DAYS PRIOR TO MAKING A TERM  APPOINTMENT  PURSUANT
TO  THIS  SECTION, THE APPOINTING AUTHORITY SHALL PUBLICLY AND CONSPICU-
OUSLY POST 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  QUALI-
FIED  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 APPOINTS AND  APPROPRI-
ATE  QUALIFICATIONS. IN THE EVENT THAT THE DEPARTMENT FAILS TO CERTIFY A
PROMOTIONAL LIST FOR AN EXAMINATION IN WHICH THE APPOINTEE HAS  COMPETED
WITHIN  THE INITIALLY 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
COMPLETED, 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 authorize appointment of term appointees to
competitive titles in a manner approved by such department.
  § 3. This act shall take effect immediately and shall  expire  and  be
deemed  repealed  June  30,  2023;  provided,  however,  that any person
appointed prior to that date may continue to be employed  for  a  period
not to exceed sixty months from the date of appointment.

                                 PART X

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  Section  1.  The  state finance law is amended by adding a new section
5-a to read as follows:
  § 5-A. NEW YORK STATE SECURE CHOICE SAVINGS PROGRAM. 1. THERE IS HERE-
BY  ESTABLISHED  THE  NEW YORK STATE SECURE CHOICE SAVINGS PROGRAM TO BE
ADMINISTERED BY THE DEFERRED COMPENSATION BOARD.   THE GENERAL  ADMINIS-
TRATION  AND  RESPONSIBILITY  FOR  THE  OPERATION  OF THE NEW YORK STATE
SECURE CHOICE SAVINGS PROGRAM SHALL BE  ADMINISTERED  BY  THE  NEW  YORK
STATE  DEFERRED  COMPENSATION BOARD FOR THE PURPOSE OF PROMOTING GREATER
RETIREMENT SAVINGS FOR PRIVATE-SECTOR EMPLOYEES IN  A  CONVENIENT,  LOW-
COST, AND PORTABLE MANNER.
  2.  ALL TERMS SHALL HAVE THE SAME MEANING AS WHEN USED IN A COMPARABLE
CONTEXT IN THE INTERNAL REVENUE CODE.  AS  USED  IN  THIS  SECTION,  THE
FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
  A. "BOARD" SHALL MEAN THE NEW YORK STATE DEFERRED COMPENSATION BOARD.
  B. "SUPERINTENDENT" SHALL MEAN THE SUPERINTENDENT OF THE DEPARTMENT OF
FINANCIAL SERVICES.
  C. "COMPTROLLER" SHALL MEAN THE COMPTROLLER OF THE STATE.
  D.  "EMPLOYEE"  SHALL MEAN ANY INDIVIDUAL WHO IS EIGHTEEN YEARS OF AGE
OR OLDER, WHO IS EMPLOYED BY AN EMPLOYER, AND WHO EARNED  WAGES  WORKING
FOR AN EMPLOYER IN NEW YORK STATE DURING A CALENDAR YEAR.
  E.  "EMPLOYER"  SHALL  MEAN  A PERSON OR ENTITY ENGAGED IN A BUSINESS,
INDUSTRY, PROFESSION, TRADE, OR OTHER  ENTERPRISE  IN  NEW  YORK  STATE,
WHETHER  FOR  PROFIT OR NOT FOR PROFIT, THAT HAS NOT OFFERED A QUALIFIED
RETIREMENT PLAN, INCLUDING, BUT NOT LIMITED TO, A PLAN  QUALIFIED  UNDER
SECTIONS 401(A), 401(K), 403(A), 403(B), 408(K), 408(P) OR 457(B) OF THE
INTERNAL REVENUE CODE OF 1986 IN THE PRECEDING TWO YEARS.
  F. "ENROLLEE" SHALL MEAN ANY EMPLOYEE WHO IS ENROLLED IN THE PROGRAM.
  G.  "FUND" SHALL MEAN THE NEW YORK STATE SECURE CHOICE SAVINGS PROGRAM
FUND.
  H. "INTERNAL REVENUE CODE" SHALL MEAN THE  INTERNAL  REVENUE  CODE  OF
1986, OR ANY SUCCESSOR LAW, IN EFFECT FOR THE CALENDAR YEAR.
  I. "IRA" SHALL MEAN A ROTH IRA (INDIVIDUAL RETIREMENT ACCOUNT).
  J.  "PARTICIPATING  EMPLOYER"  SHALL  MEAN AN EMPLOYER THAT PROVIDES A
PAYROLL DEPOSIT RETIREMENT SAVINGS ARRANGEMENT AS PROVIDED FOR  BY  THIS
ARTICLE FOR ITS EMPLOYEES WHO ARE ENROLLEES IN THE PROGRAM.
  K.  "PAYROLL  DEPOSIT  RETIREMENT  SAVINGS  ARRANGEMENT" SHALL MEAN AN
ARRANGEMENT BY WHICH A PARTICIPATING EMPLOYER ALLOWS ENROLLEES TO  REMIT
PAYROLL DEDUCTION CONTRIBUTIONS TO THE PROGRAM.
  L.  "PROGRAM"  SHALL  MEAN  THE  NEW  YORK STATE SECURE CHOICE SAVINGS
PROGRAM.
  M. "WAGES" SHALL MEAN ANY COMPENSATION WITHIN THE MEANING  OF  SECTION
219(F)(1)  OF  THE INTERNAL REVENUE CODE THAT IS RECEIVED BY AN ENROLLEE
FROM A PARTICIPATING EMPLOYER DURING THE CALENDAR YEAR.
  3. THE BOARD, THE INDIVIDUAL MEMBERS  OF  THE  BOARD,  AND  ANY  OTHER
AGENTS  APPOINTED  OR  ENGAGED  BY THE BOARD, AND ALL PERSONS SERVING AS
PROGRAM STAFF SHALL DISCHARGE THEIR DUTIES WITH RESPECT TO  THE  PROGRAM
SOLELY  IN  THE INTEREST OF THE PROGRAM'S ENROLLEES AND BENEFICIARIES AS
FOLLOWS:
  A. FOR THE EXCLUSIVE PURPOSES OF PROVIDING BENEFITS TO  ENROLLEES  AND
BENEFICIARIES  AND  DEFRAYING  REASONABLE  EXPENSES OF ADMINISTERING THE
PROGRAM;
  B. BY INVESTING WITH THE CARE, SKILL, PRUDENCE,  AND  DILIGENCE  UNDER
THE  PREVAILING  CIRCUMSTANCES  THAT  A  PRUDENT PERSON ACTING IN A LIKE
CAPACITY AND FAMILIAR WITH THOSE MATTERS WOULD USE IN THE CONDUCT OF  AN
ENTERPRISE OF A LIKE CHARACTER AND WITH LIKE AIMS; AND

S. 7505--A                         87                         A. 9505--A

  C.  BY  USING ANY CONTRIBUTIONS PAID BY EMPLOYEES AND EMPLOYERS REMIT-
TING EMPLOYEE CONTRIBUTIONS INTO THE FUND EXCLUSIVELY FOR THE PURPOSE OF
PAYING BENEFITS TO THE ENROLLEES OF THE PROGRAM, FOR THE COST OF  ADMIN-
ISTRATION  OF  THE  PROGRAM, AND FOR INVESTMENTS MADE FOR THE BENEFIT OF
THE PROGRAM.
  4. IN ADDITION TO THE OTHER DUTIES AND RESPONSIBILITIES STATED IN THIS
ARTICLE, THE BOARD SHALL:
  A.  CAUSE  THE  PROGRAM  TO BE DESIGNED, ESTABLISHED AND OPERATED IN A
MANNER THAT:
  (I) ACCORDS WITH BEST PRACTICES FOR RETIREMENT SAVINGS VEHICLES;
  (II) MAXIMIZES PARTICIPATION, SAVINGS, AND SOUND INVESTMENT  PRACTICES
INCLUDING  CONSIDERING  THE USE OF AUTOMATIC ENROLLMENT AS ALLOWED UNDER
FEDERAL LAW;
  (III) MAXIMIZES  SIMPLICITY,  INCLUDING  EASE  OF  ADMINISTRATION  FOR
PARTICIPATING EMPLOYERS AND ENROLLEES;
  (IV)  PROVIDES AN EFFICIENT PRODUCT TO ENROLLEES BY POOLING INVESTMENT
FUNDS;
  (V) ENSURES THE PORTABILITY OF BENEFITS; AND
  (VI) PROVIDES FOR THE DEACCUMULATION OF ENROLLEE ASSETS  IN  A  MANNER
THAT MAXIMIZES FINANCIAL SECURITY IN RETIREMENT.
  B. APPOINT A TRUSTEE TO THE FUND IN COMPLIANCE WITH SECTION 408 OF THE
INTERNAL REVENUE CODE.
  C.  EXPLORE AND ESTABLISH INVESTMENT OPTIONS, SUBJECT TO THIS ARTICLE,
THAT OFFER ENROLLEES RETURNS ON  CONTRIBUTIONS  AND  THE  CONVERSION  OF
INDIVIDUAL  RETIREMENT  SAVINGS  ACCOUNT  BALANCES  TO SECURE RETIREMENT
INCOME WITHOUT INCURRING DEBT OR LIABILITIES TO THE STATE.
  D. ESTABLISH THE PROCESS BY WHICH INTEREST, INVESTMENT  EARNINGS,  AND
INVESTMENT  LOSSES ARE ALLOCATED TO INDIVIDUAL PROGRAM ACCOUNTS ON A PRO
RATA BASIS AND ARE COMPUTED AT THE INTEREST RATE ON THE  BALANCE  OF  AN
INDIVIDUAL'S ACCOUNT.
  E.  MAKE  AND ENTER INTO CONTRACTS NECESSARY FOR THE ADMINISTRATION OF
THE PROGRAM AND FUND, INCLUDING,  BUT  NOT  LIMITED  TO,  RETAINING  AND
CONTRACTING  WITH  INVESTMENT  MANAGERS, PRIVATE FINANCIAL INSTITUTIONS,
OTHER FINANCIAL AND SERVICE PROVIDERS, CONSULTANTS, ACTUARIES,  COUNSEL,
AUDITORS,  THIRD-PARTY ADMINISTRATORS, AND OTHER PROFESSIONALS AS NECES-
SARY.
  F. CONDUCT A REVIEW OF THE PERFORMANCE OF ANY INVESTMENT VENDORS EVERY
FOUR YEARS, INCLUDING, BUT NOT LIMITED TO, A REVIEW  OF  RETURNS,  FEES,
AND  CUSTOMER  SERVICE. A COPY OF REVIEWS SHALL BE POSTED TO THE BOARD'S
INTERNET WEBSITE.
  G. DETERMINE THE NUMBER AND DUTIES OF STAFF MEMBERS NEEDED TO ADMINIS-
TER THE PROGRAM AND ASSEMBLE SUCH STAFF, INCLUDING, APPOINTING A PROGRAM
ADMINISTRATOR.
  H. CAUSE MONEYS IN THE FUND TO BE HELD AND INVESTED AS POOLED  INVEST-
MENTS  DESCRIBED  IN THIS ARTICLE, WITH A VIEW TO ACHIEVING COST SAVINGS
THROUGH EFFICIENCIES AND ECONOMIES OF SCALE.
  I. EVALUATE AND ESTABLISH THE PROCESS BY WHICH AN ENROLLEE IS ABLE  TO
CONTRIBUTE  A  PORTION  OF HIS OR HER WAGES TO THE PROGRAM FOR AUTOMATIC
DEPOSIT OF THOSE CONTRIBUTIONS AND THE PROCESS BY WHICH A  PARTICIPATING
EMPLOYER  PROVIDES  A  PAYROLL DEPOSIT RETIREMENT SAVINGS ARRANGEMENT TO
FORWARD THOSE CONTRIBUTIONS AND  RELATED  INFORMATION  TO  THE  PROGRAM,
INCLUDING, BUT NOT LIMITED TO, CONTRACTING WITH FINANCIAL SERVICE COMPA-
NIES  AND  THIRD-PARTY ADMINISTRATORS WITH THE CAPABILITY TO RECEIVE AND
PROCESS EMPLOYEE  INFORMATION  AND  CONTRIBUTIONS  FOR  PAYROLL  DEPOSIT
RETIREMENT SAVINGS ARRANGEMENTS OR SIMILAR ARRANGEMENTS.

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  J. DESIGN AND ESTABLISH THE PROCESS FOR ENROLLMENT INCLUDING THE PROC-
ESS  BY  WHICH  AN  EMPLOYEE  CAN OPT TO NOT PARTICIPATE IN THE PROGRAM,
SELECT A CONTRIBUTION LEVEL, SELECT AN INVESTMENT OPTION, AND  TERMINATE
PARTICIPATION IN THE PROGRAM.
  K.  EVALUATE AND ESTABLISH THE PROCESS BY WHICH AN EMPLOYEE MAY VOLUN-
TARILY ENROLL IN AND MAKE CONTRIBUTIONS TO THE PROGRAM.
  L. ACCEPT ANY GRANTS, APPROPRIATIONS, OR OTHER MONEYS FROM THE  STATE,
ANY  UNIT  OF  FEDERAL, STATE, OR LOCAL GOVERNMENT, OR ANY OTHER PERSON,
FIRM, PARTNERSHIP, OR CORPORATION SOLELY  FOR  DEPOSIT  INTO  THE  FUND,
WHETHER FOR INVESTMENT OR ADMINISTRATIVE PURPOSES.
  M. EVALUATE THE NEED FOR, AND PROCURE AS NEEDED, INSURANCE AGAINST ANY
AND  ALL  LOSS IN CONNECTION WITH THE PROPERTY, ASSETS, OR ACTIVITIES OF
THE PROGRAM, AND INDEMNIFY AS NEEDED  EACH  MEMBER  OF  THE  BOARD  FROM
PERSONAL  LOSS OR LIABILITY RESULTING FROM A MEMBER'S ACTION OR INACTION