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

 S. 7505                            67                            A. 9505
 
 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;

 S. 7505                            68                            A. 9505
 
   (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.

 S. 7505                            70                            A. 9505
 
   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;

 S. 7505                            73                            A. 9505
 
   (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;

 S. 7505                            77                            A. 9505
 
   (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.

 S. 7505                            79                            A. 9505
 
   § 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).

 S. 7505                            115                           A. 9505

   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

 S. 7505                            130                           A. 9505
 
 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

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 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

 S. 7505                            137                           A. 9505
 
 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-

 S. 7505                            138                           A. 9505
 
 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

 S. 7505                            139                           A. 9505
 
 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

 S. 7505                            140                           A. 9505
 
 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

 S. 7505                            141                           A. 9505
 
 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

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   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.]

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   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

 S. 7505--A                          9                         A. 9505--A
 
 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

 S. 7505--A                         10                         A. 9505--A

 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.]:

 S. 7505--A                         12                         A. 9505--A
 
   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

 S. 7505--A                         13                         A. 9505--A

 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

 S. 7505--A                         14                         A. 9505--A

   (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:

 S. 7505--A                         15                         A. 9505--A

   (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

 S. 7505--A                         16                         A. 9505--A
 
 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.

 S. 7505--A                         17                         A. 9505--A
 
   § 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

 S. 7505--A                         18                         A. 9505--A
 
 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

 S. 7505--A                         19                         A. 9505--A
 
 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

 S. 7505--A                         23                         A. 9505--A

 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

 S. 7505--A                         24                         A. 9505--A

 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

 S. 7505--A                         25                         A. 9505--A

 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

 S. 7505--A                         26                         A. 9505--A
 
 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.

 S. 7505--A                         27                         A. 9505--A

   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;

 S. 7505--A                         28                         A. 9505--A
 
   (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

 S. 7505--A                         29                         A. 9505--A
 
 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.

 S. 7505--A                         37                         A. 9505--A

   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

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   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:

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   (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.

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   § 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

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 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

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 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

 S. 7505--A                         50                         A. 9505--A
 
   (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

 S. 7505--A                         51                         A. 9505--A
 
 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,

 S. 7505--A                         52                         A. 9505--A
 
 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

 S. 7505--A                         53                         A. 9505--A
 
 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

 S. 7505--A                         59                         A. 9505--A
 
   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-

 S. 7505--A                         60                         A. 9505--A
 
 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

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 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

 S. 7505--A                         67                         A. 9505--A
 
 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,

 S. 7505--A                         73                         A. 9505--A
 
 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-

 S. 7505--A                         78                         A. 9505--A
 
 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

 S. 7505--A                         79                         A. 9505--A
 
   (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.

 S. 7505--A                         80                         A. 9505--A
 
   §  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

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   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.

 S. 7505--A                         88                         A. 9505--A
 
   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
 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

 S. 7505--A                         89                         A. 9505--A
 
 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
 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-

 S. 7505--A                         90                         A. 9505--A
 
 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.
   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

 S. 7505--A                         91                         A. 9505--A
 
 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
 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.

 S. 7505--A                         92                         A. 9505--A
 
   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
 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.

 S. 7505--A                         93                         A. 9505--A
 
   § 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.
   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-

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 GATIONS  RATED  INVESTMENT  GRADE  BY A NATIONALLY RECOGNIZED SECURITIES
 RATING ORGANIZATION, or[,] (3) up to fifty percent of surplus funds,  in
 the  types  of  securities or investments described in paragraphs [two,]
 three,  eight  and  ten  of  subsection (a) of section one thousand four
 hundred four of the insurance law, except that [up  to  ten  percent  of
 surplus  funds  may  be  invested] INVESTMENTS in [the securities of any
 solvent American institution as described in such  paragraphs]  DIVERSI-
 FIED INDEX FUNDS AND ACCOUNTS MAY BE MADE irrespective of the rating [of
 such  institution's  obligations] or other similar qualitative standards
 [described therein, and] APPLICABLE UNDER SUCH PARAGRAPHS, OR (4) UP  TO
 TEN  PERCENT OF SURPLUS FUNDS, IN THE TYPES OF SECURITIES OR INVESTMENTS
 DESCRIBED IN PARAGRAPHS TWO, THREE AND TEN OF SUBSECTION (A) OF  SECTION
 ONE  THOUSAND FOUR HUNDRED FOUR OF THE INSURANCE LAW IRRESPECTIVE OF THE
 RATING OF SUCH INSTITUTION'S OBLIGATIONS OR  OTHER  SIMILAR  QUALITATIVE
 STANDARD, OR (5) up to fifteen percent of surplus funds in securities or
 investments  which  do  not  otherwise qualify for investment under this
 section as shall be made with the care, prudence and diligence under the
 circumstances then prevailing that a prudent person  acting  in  a  like
 capacity  and  familiar with such matters would use in the conduct of an
 enterprise of a like character and with like aims as  provided  for  the
 state  insurance  fund  under  this  article,  but shall not include any
 direct derivative instrument or derivative transaction except for  hedg-
 ing  purposes.  Notwithstanding any other provision in this subdivision,
 the aggregate amount that the state insurance fund  may  invest  in  the
 types  of securities or investments described in paragraphs three, eight
 and ten of subsection (a) of section one thousand four hundred  four  of
 the  insurance  law  and  as  a prudent person acting in a like capacity
 would invest as provided in this  subdivision  shall  not  exceed  fifty
 percent of such surplus funds. FOR 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

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 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
 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

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 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
 
   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

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 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
 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

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 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
 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-

 S. 7505--A                         99                         A. 9505--A
 
 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.
 
                                 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.

 S. 7505--A                         100                        A. 9505--A
 
   (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
 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

 S. 7505--A                         101                        A. 9505--A
 
 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-
 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:

 S. 7505--A                         102                        A. 9505--A
 
   § 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
 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

 S. 7505--A                         103                        A. 9505--A
 
 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
 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

 S. 7505--A                         104                        A. 9505--A
 
 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
 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:

 S. 7505--A                         105                        A. 9505--A
 
   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.
   § 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.

 S. 7505--A                         106                        A. 9505--A
 
   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
 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.

 S. 7505--A                         107                        A. 9505--A
 
   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.
   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.

 S. 7505--A                         108                        A. 9505--A
 
   §  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.
 
                                  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).

 S. 7505--A                         109                        A. 9505--A
 
   27. Regulation of racing account (21912).
   28. New York Metropolitan Transportation Council account (21913).
   29. State university dormitory income reimbursable account (21937).
   30. Criminal justice improvement account (21945).
   31. Environmental laboratory reference fee account (21959).
   32. Clinical laboratory reference system assessment account (21962).
   33. Indirect cost recovery account (21978).
   34. High school equivalency program account (21979).
   35. Multi-agency training account (21989).
   36.  Interstate  reciprocity  for  post-secondary  distance  education
 account (23800).
   37. Bell jar collection account (22003).
   38. Industry and utility service account (22004).
   39. Real property disposition account (22006).
   40. Parking account (22007).
   41. 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).

 S. 7505--A                         110                        A. 9505--A
 
   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).
   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

 S. 7505--A                         111                        A. 9505--A
 
 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:
   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).

 S. 7505--A                         112                        A. 9505--A
 
   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).
   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

 S. 7505--A                         113                        A. 9505--A
 
 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:
   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

 S. 7505--A                         114                        A. 9505--A
 
 to an amount equal to the  monies  collected  and  deposited  into  that
 account in the previous fiscal year.
   2.  A transfer from the general fund to the combined gifts, grants and
 bequests  fund,  prostate  cancer  research,  detection,  and  education
 account  (20183),  up  to  an  amount  equal to the moneys collected and
 deposited into that account in the previous fiscal year.
   3. A transfer from the general fund to the combined gifts, grants  and
 bequests  fund,  Alzheimer's  disease  research  and  assistance account
 (20143), up to an amount equal to the  moneys  collected  and  deposited
 into that account in the previous fiscal year.
   4.  $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).

 S. 7505--A                         115                        A. 9505--A
 
   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).
   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

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 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).
   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).

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   § 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
 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

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 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
 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

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 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
 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

 S. 7505--A                         120                        A. 9505--A
 
 partial satisfaction of the state's obligations to the  state  insurance
 fund under section 88-c of the workers' compensation law.
   §  19. Notwithstanding any law to the contrary, and in accordance with
 section 4 of the state finance law, the comptroller is hereby authorized
 and directed to transfer, at the request of the director of the  budget,
 up  to $400 million from any non-general fund or account, or combination
 of funds and accounts, to the general fund for the  purpose  of  consol-
 idating  technology  procurement  and  services. The amounts transferred
 pursuant to this authorization shall be equal to or less than the amount
 of such monies intended to support information  technology  costs  which
 are attributable, according to a plan, to such account made in pursuance
 to  an  appropriation  by  law.  Transfers  to the general fund shall be
 completed from amounts collected by non-general funds or accounts pursu-
 ant to a fund deposit schedule.  Transfers from funds that would  result
 in  the loss of eligibility for federal benefits or federal funds pursu-
 ant to federal law, rule, or regulation as assented to in chapter 683 of
 the laws of 1938 and chapter 700 of the laws of 1951 are  not  permitted
 pursuant to this authorization.
   §  20. Notwithstanding any provision of law 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).

 S. 7505--A                         121                        A. 9505--A
 
   2. $1,478,000 from the miscellaneous special revenue fund, helen hayes
 hospital account (22140).
   3. $366,000 from the miscellaneous special revenue fund, New York city
 veterans' home account (22141).
   4.  $513,000  from  the  miscellaneous  special revenue fund, New York
 state home for veterans' and their dependents at oxford account (22142).
   5. $159,000 from the miscellaneous special revenue fund,  western  New
 York veterans' home account (22143).
   6.  $323,000  from  the  miscellaneous  special revenue fund, New York
 state for veterans in the lower-hudson valley account (22144).
   7. $2,550,000 from the  miscellaneous  special  revenue  fund,  patron
 services account (22163).
   8.  $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-

 S. 7505--A                         122                        A. 9505--A
 
 bly  ways  and means committee, file with the state comptroller an iden-
 tification of specific monies to be so deposited. Any subsequent  change
 regarding  the  monies to be so deposited shall be filed by the director
 of  the  budget,  as  soon  as practicable, but not less than three days
 following preliminary submission to the chairs  of  the  senate  finance
 committee and the assembly ways and means committee.
   All monies identified by the director of the budget to be deposited to
 the  credit of a fund and/or account shall be consistent with the intent
 of the budget for the then current state fiscal year as enacted  by  the
 legislature.
   [The  provisions  of  this  subdivision  shall expire on March thirty-
 first, two thousand 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

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 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
 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

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 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
 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

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 mental health services fund that such agency determines will or may have
 to  be  rebated  to the federal government pursuant to the provisions of
 the internal revenue code of 1986, as amended, in order to  enable  such
 agency  to  maintain  the  exemption from federal income taxation on the
 interest paid to the holders of such agency's mental services facilities
 improvement revenue bonds. Annually on or before each  June  30th,  such
 agency  shall  certify to the state comptroller its determination of the
 amounts received in the mental health services fund as a result  of  the
 investment  of  monies  deposited  therein  that  will or may have to be
 rebated to the federal government pursuant  to  the  provisions  of  the
 internal revenue code of 1986, as amended.
   §  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

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 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
 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.

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   § 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
 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

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 the corporation are hereby authorized to issue bonds or notes in one  or
 more  series  for  the purpose of funding project costs for the regional
 economic development council  initiative,  the  economic  transformation
 program,  state university of New York college for nanoscale and science
 engineering, projects within the city of Buffalo  or  surrounding  envi-
 rons,  the  New  York  works economic development fund, projects for the
 retention of professional football in western New York, the empire state
 economic development fund, the  clarkson-trudeau  partnership,  the  New
 York  genome  center, the cornell university college of veterinary medi-
 cine, the olympic  regional  development  authority,  projects  at  nano
 Utica,  onondaga  county  revitalization projects, Binghamton university
 school of pharmacy, New York power electronics manufacturing consortium,
 regional infrastructure projects,  HIGH  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

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 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-
 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

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 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
 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.

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   §  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
 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

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 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
 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

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 university community college facilities pursuant to a resolution of  the
 dormitory  authority adopted before July first, nineteen hundred eighty-
 five or any resolution supplemental thereto, if the principal amount  of
 bonds  so  to  be  issued  when  added to all principal amounts of bonds
 previously issued by the dormitory authority for city university  commu-
 nity  college  facilities, except to refund or to be substituted in lieu
 of other bonds in relation to city university community college  facili-
 ties will exceed the sum of four hundred twenty-five million dollars and
 (ii)  the dormitory authority shall not deliver a series of bonds issued
 for city university facilities, including community college  facilities,
 pursuant  to a resolution of the dormitory authority adopted on or after
 July first, nineteen hundred eighty-five, except  to  refund  or  to  be
 substituted for or in lieu of other bonds in relation to city university
 facilities  and except for bonds issued pursuant to a resolution supple-
 mental to a resolution of the dormitory authority adopted prior to  July
 first, nineteen hundred eighty-five, if the principal amount of bonds so
 to  be  issued  when  added  to the principal amount of bonds previously
 issued pursuant to any such resolution, except bonds issued to refund or
 to be substituted for or in lieu of other  bonds  in  relation  to  city
 university  facilities,  will  exceed [seven] 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-

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 it  in  the  youth  facilities  improvement  fund, to pay for all or any
 portion of the amount or amounts paid by the state  from  appropriations
 or  reappropriations  made to the office of children and family services
 from  the  youth  facilities  improvement fund for capital projects. The
 aggregate amount of bonds, notes and other obligations authorized to  be
 issued  pursuant  to  this  section  shall exclude bonds, notes or other
 obligations issued to refund or otherwise repay bonds,  notes  or  other
 obligations  theretofore  issued, the proceeds of which were paid to the
 state for all or a portion of the amounts expended  by  the  state  from
 appropriations  or  reappropriations  made to the office of children and
 family services; provided, however, that  upon  any  such  refunding  or
 repayment  the  total  aggregate  principal amount of outstanding bonds,
 notes or other obligations may  be  greater  than  [six]  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

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 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
 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.

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   § 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
 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-

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 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
 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

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 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
 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.

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   §  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-
 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

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 interest  rate  that varies periodically, in the city of New York unless
 annual payments of principal and interest result in substantially  level
 or  declining  debt  service payments over the life of an issue of bonds
 pursuant  to  paragraph (b) of subdivision two of this section or unless
 accrued interest is contributed to a sinking  fund  in  accordance  with
 subdivision  three  of  section  twelve  of  article  seven of the state
 constitution, in which case interest shall be paid at such times and  at
 such  places  as  shall  be determined by the state comptroller prior to
 issuance of the bonds.
   2. Such bonds, or the portion thereof at any  time  issued,  shall  be
 made payable (a) in equal annual principal installments or (b) in annual
 installments  of  principal  and  interest which result in substantially
 level or declining debt service payments, over the life  of  the  bonds,
 the  first  of  which annual installments shall be payable not more than
 one year from the date of issue and the last of which shall  be  payable
 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

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 be  determined  by computing the sum of the products derived from multi-
 plying the dollar value of the portion of the debt contracted  for  each
 work  or purpose (or class of works or purposes) by the probable life of
 such  work  or  purpose (or class of works or purposes) and dividing the
 resulting sum by the dollar value of the entire debt after  taking  into
 consideration  any  original  issue  discount.  Any  costs  of  issuance
 financed with bond proceeds shall be prorated among the various works or
 purposes. Such bonds, or the portion thereof at any time sold, shall  be
 of such denominations, subject to the foregoing provisions, as the state
 comptroller  may  determine. Notwithstanding the foregoing provisions of
 this subdivision, the comptroller may issue all or  a  portion  of  such
 bonds  as  serial  debt, term debt or a combination thereof, maturing as
 required by this subdivision, provided that the comptroller  shall  have
 provided for the retirement each year or state fiscal year, or otherwise
 have  provided  for  the  payment  of,  through sinking fund installment
 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

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 to section sixty-five of this article, may issue to the lawful owner  of
 any  certificate or bond issued by him in behalf of this state, which he
 or such duly authorized fiscal agent or trustee  is  satisfied,  by  due
 proof  filed  in his office or with such duly authorized fiscal agent or
 trustee, has been lost or casually destroyed, a new certificate or bond,
 corresponding in date, number and amount with the certificate or bond so
 lost or destroyed, and expressing on its  face  that  it  is  a  renewed
 certificate or bond. No such renewed certificate or bond shall be issued
 unless  sufficient  security is given to satisfy the lawful claim of any
 person to the original certificate or bond, or to any interest  therein.
 The  comptroller shall report annually to the legislature the number and
 amount of all renewed certificates or bonds so issued.  If  the  renewed
 certificate  is  issued  by  the state's duly authorized fiscal agent or
 trustee and such agent or trustee agrees to be responsible for any  loss
 suffered  as  a  result  of  unauthorized payment, the security shall be
 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

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 damage which may result from any failure to discharge their duties,  and
 for any improper and incorrect discharge of those duties, and shall save
 the  state  free and harmless from any and all loss or damage occasioned
 by  or  incurred  in the performance of such services. Any such contract
 may be terminated by the comptroller at any time. In the  event  of  any
 change in any office maintained pursuant to any such contract, the comp-
 troller  shall  give public notice thereof in such form as he may deter-
 mine appropriate.
   2. The comptroller shall  prescribe  rules  and  regulations  for  the
 registration,  conversion,  reconversion  and  transfer of the bonds and
 notes of the state, including the preparation and  substitution  of  new
 bonds,  for  the  payment of the principal thereof and interest thereon,
 and for other authorized services to be performed by such  fiscal  agent
 or  trustee.  Such  rules  and  regulations, and all amendments thereof,
 shall be prepared in duplicate, one copy of which shall be filed in  the
 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-

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 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.
   (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

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 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.
   §  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. Subdivisions 13-d and 13-e of section 5 of section 1 of chapter
 359 of the laws of 1968, constituting the facilities development  corpo-
 ration  act,  subdivision  13-d as amended by chapter 166 of the laws of
 1991 and subdivision 13-e as amended by chapter 90 of the laws of  1989,
 is amended to read as follows:
   13-d.  1.  Subject to the terms and conditions of any lease, sublease,
 loan or other financing  agreement  with  the  medical  care  facilities
 finance  agency  in accordance with subdivision 13-c of this section, to
 make loans to voluntary agencies for the purpose of financing  or  refi-
 nancing the design, construction, acquisition, reconstruction, rehabili-
 tation  and  improvement of mental hygiene facilities owned or leased by
 such voluntary agencies provided, however, that  with  respect  to  such
 facilities which are leased by a voluntary agency, the term of repayment
 of  such  loan  shall  not  exceed  the term of such lease including any
 option to renew such lease. Notwithstanding any other provisions of law,
 such loans may be made jointly to one or more voluntary  agencies  which
 own  and  one  or  more  voluntary  agencies which will operate any such
 mental hygiene facility.
   2. SUBJECT TO THE TERMS AND CONDITIONS OF ANY LEASE, SUBLEASE, LOAN OR
 OTHER FINANCING AGREEMENT WITH THE MEDICAL CARE FACILITIES FINANCE AGEN-
 CY, TO MAKE GRANTS TO VOLUNTARY AGENCIES OR PROVIDE PROCEEDS  OF  MENTAL
 HEALTH  SERVICES  FACILITIES  BONDS  OR  NOTES TO THE DEPARTMENT TO MAKE
 GRANTS TO VOLUNTARY AGENCIES OR TO REIMBURSE DISBURSEMENTS  MADE  THERE-

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 FOR,  IN  EACH  CASE,  FOR  THE  PURPOSE OF FINANCING OR REFINANCING THE
 DESIGN, CONSTRUCTION, ACQUISITION,  RECONSTRUCTION,  REHABILITATION  AND
 IMPROVEMENT  OF MENTAL HYGIENE FACILITIES OWNED OR LEASED BY SUCH VOLUN-
 TARY AGENCIES.
   13-e.  To  receive  from the comptroller state aid payments pledged or
 agreed to be paid by any voluntary agency in accordance with any  lease,
 sublease,  loan, or other financing agreement OR GRANT AGREEMENT entered
 into with such voluntary agency BY THE CORPORATION OR, IN  THE  CASE  OF
 GRANTS MADE TO VOLUNTARY AGENCIES BY THE DEPARTMENT PURSUANT TO SUBDIVI-
 SION  13-D, BY THE DEPARTMENT.  Such pledges may be made from sources of
 state aid including but not limited to payments made pursuant to:  arti-
 cles nineteen, twenty-five and forty-one of the mental hygiene law.
   §  64. Paragraph a of subdivision 4 of section 9 of section 1 of chap-
 ter 359 of the laws of 1968,  constituting  the  facilities  development
 corporation  act,  as  amended  by  chapter  90  of the laws of 1989, is
 amended to read as follows:
   4. Agreements.  a. Upon certification by the director of the budget of
 the availability of required appropriation authority,  the  corporation,
 or  any  successor  agency,  is hereby authorized and empowered to enter
 into leases, subleases, loans and other financing  agreements  with  the
 state  housing  finance  agency and/or the state medical care facilities
 finance agency, and to enter into such amendments thereof as the  direc-
 tors  of the corporation, or any successor agency, may deem necessary or
 desirable, which shall provide for (i) the financing or  refinancing  of
 or the design, construction, acquisition, reconstruction, rehabilitation
 or improvement of one or more mental hygiene facilities or for the refi-
 nancing  of  any  such  facilities  for which bonds have previously been
 issued and are outstanding, and  the  purchase  or  acquisition  of  the
 original  furnishings,  equipment, machinery and apparatus to be used in
 such facilities upon the completion of work, (ii)  the  leasing  to  the
 state  housing  finance  agency  or  the  state  medical care facilities
 finance agency of all or any portion of  one  or  more  existing  mental
 hygiene  facilities  and  one  or  more  mental hygiene facilities to be
 designed,  constructed,  acquired,   reconstructed,   rehabilitated   or
 improved,  or of real property related to the work to be done, including
 real property originally acquired by  the  appropriate  commissioner  or
 director  of the department in the name of the state pursuant to article
 seventy-one of the mental hygiene law,  (iii)  the  subleasing  of  such
 facilities  and  property  by the corporation upon completion of design,
 construction, acquisition, reconstruction,  rehabilitation  or  improve-
 ment,  such leases, subleases, loans or other financing agreements to be
 upon such other terms and conditions as may be  agreed  upon,  including
 terms  and conditions relating to length of term, maintenance and repair
 of mental hygiene facilities  during  any  such  term,  and  the  annual
 rentals   to   be  paid  for  the  use  of  such  facilities,  property,
 furnishings, equipment, machinery and apparatus, and  (iv)  the  receipt
 and  disposition,  including  loans  OR GRANTS to voluntary agencies, of
 proceeds of mental health  service  facilities  bonds  or  notes  issued
 pursuant to section nine-a of the New York state medical care facilities
 finance  agency  act. For purposes of the design, construction, acquisi-
 tion, reconstruction, rehabilitation or improvement work required by the
 terms of any such lease, sublease or agreement,  the  corporation  shall
 act  as  agent for the state housing finance agency or the state medical
 care facilities finance agency. In the event that the corporation enters
 into an agreement for the financing of any of the aforementioned facili-
 ties with the state housing finance agency or  the  state  medical  care

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 facilities  finance  agency, or in the event that the corporation enters
 into an agreement for the financing or refinancing of any of the  afore-
 mentioned  facilities  with one or more voluntary agencies, it shall act
 on  its  own  behalf  and  not as agent. The appropriate commissioner or
 director of the department on behalf of the department shall approve any
 such lease, sublease, loan or other financing agreement and shall  be  a
 party  thereto.  All  such  leases,  subleases, loans or other financing
 agreements shall be approved prior to execution by no  less  than  three
 directors of the corporation.
   §  65.  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.
 
                                  PART HH
 
   Section 1. Paragraph (a) of subdivision 1 of  section  125.25  of  the
 penal  law, as amended by chapter 791 of the laws of 1967, is amended to
 read as follows:
   (a) The defendant acted  under  the  influence  of  extreme  emotional
 disturbance  for which there was a reasonable explanation or excuse, the
 reasonableness of which is to be determined  from  the  viewpoint  of  a
 person  in  the  defendant's  situation  under  the circumstances as the
 defendant believed them to be. FOR PURPOSES OF DETERMINING  WHETHER  THE
 DEFENDANT  ACTED  UNDER  THE INFLUENCE OF EXTREME EMOTIONAL DISTURBANCE,
 THE EXPLANATION OR EXCUSE FOR SUCH EXTREME EMOTIONAL DISTURBANCE IS  NOT
 REASONABLE  IF  IT  RESULTED  FROM THE DISCOVERY OF, KNOWLEDGE ABOUT, OR
 POTENTIAL DISCLOSURE OF THE VICTIM'S ACTUAL OR PERCEIVED GENDER,  GENDER
 IDENTITY,  GENDER  EXPRESSION,  OR  SEXUAL  ORIENTATION. NOTHING IN THIS
 PARAGRAPH SHALL PRECLUDE THE JURY FROM CONSIDERING ALL RELEVANT FACTS TO
 DETERMINE THE DEFENDANT'S ACTUAL BELIEF. Nothing contained in this para-
 graph shall constitute a defense to a prosecution  for,  or  preclude  a
 conviction of, manslaughter in the first degree or any other crime; or
   § 2. This act shall take effect immediately.

                                  PART II
 
   Section  1. The social services law is amended by adding a new section
 131-y to read as follows:
   § 131-Y. PLACEMENT OF SEX OFFENDERS. NOTWITHSTANDING ANY  INCONSISTENT
 PROVISION OF LAW, NEITHER THE OFFICE OF TEMPORARY AND DISABILITY ASSIST-
 ANCE,  NOR  A SOCIAL SERVICES OFFICIAL ACTING ON HIS OR HER OWN OR AS AN
 AGENT PURSUANT TO THIS TITLE, SHALL PERMIT OR CAUSE THE PLACEMENT OF ANY
 SEX OFFENDER WHO HAS BEEN ASSIGNED A  LEVEL-TWO  OR  LEVEL-THREE  DESIG-
 NATION  PURSUANT  TO ARTICLE SIX-C OF THE CORRECTION LAW INTO ANY TEMPO-
 RARY EMERGENCY HOUSING OR HOMELESS SHELTERS USED TO HOUSE FAMILIES  WITH
 CHILDREN.
   §  2. Subdivision 14 of section 259-c of the executive law, as amended
 by section 38-b of subpart A of part C of chapter  62  of  the  laws  of
 2011, is amended to read as follows:
   14.  [notwithstanding]  NOTWITHSTANDING  any other provision of law to
 the contrary, where a person serving a sentence for an  offense  defined

 S. 7505--A                         148                        A. 9505--A
 
 in  article  one  hundred thirty, one hundred thirty-five or two hundred
 sixty-three of the penal law or section 255.25, 255.26 or 255.27 of  the
 penal  law  and the victim of such offense was under the age of eighteen
 at  the  time of such offense or such person has been designated a level
 three sex offender pursuant to subdivision six of  section  one  hundred
 sixty-eight-l  of  the  correction  law, is released on parole or condi-
 tionally released pursuant to subdivision one or two  of  this  section,
 the  board shall require, as a mandatory condition of such release, that
 such sentenced offender shall refrain from knowingly  entering  into  or
 upon any school grounds, as that term is defined in subdivision fourteen
 of section 220.00 of the penal law, or any other facility or institution
 primarily  used  for  the  care or treatment of persons under the age of
 eighteen while one or more of such persons under the age of eighteen are
 present[, provided however, that].  MOREOVER, WHERE A PERSON  SERVING  A
 SENTENCE  FOR  AN  OFFENSE  DEFINED  IN  ARTICLE ONE HUNDRED THIRTY, ONE
 HUNDRED THIRTY-FIVE OR TWO HUNDRED  SIXTY-THREE  OF  THE  PENAL  LAW  OR
 SECTION 255.25, 255.26 OR 255.27 OF THE PENAL LAW AND THE VICTIM OF SUCH
 OFFENSE  WAS  UNDER  THE AGE OF THIRTEEN AT THE TIME OF SUCH OFFENSE, IS
 RELEASED ON PAROLE OR CONDITIONALLY RELEASED PURSUANT TO SUBDIVISION ONE
 OR TWO OF THIS SECTION, THE BOARD SHALL FURTHER REQUIRE, AS A  MANDATORY
 CONDITION  OF  SUCH  RELEASE, THAT SUCH SENTENCED OFFENDER SHALL REFRAIN
 FROM KNOWINGLY ENTERING WITHIN ONE THOUSAND  FEET  OF  ANY  FACILITY  OR
 INSTITUTION   WHERE  PRE-KINDERGARTEN  OR  KINDERGARTEN  INSTRUCTION  IS
 PROVIDED. HOWEVER, when such sentenced offender is a registered  student
 or  participant or an employee of such facility or institution or entity
 contracting therewith or has a family member enrolled in  such  facility
 or  institution,  such sentenced offender may, with the written authori-
 zation of his or her parole officer  and  the  superintendent  or  chief
 administrator  of  such  facility,  institution  or  grounds, enter such
 facility, institution or upon such  grounds  for  the  limited  purposes
 authorized  by  the  parole officer and superintendent or chief officer.
 Nothing in this subdivision shall be construed as restricting any lawful
 condition of supervision that may be imposed on such sentenced offender.
   § 3. Paragraph (a) of subdivision 4-a of section 65.10  of  the  penal
 law, as amended by chapter 67 of the laws of 2008, is amended to read as
 follows:
   (a)  When  imposing  a  sentence of probation or conditional discharge
 upon a person convicted of an offense defined  in  article  one  hundred
 thirty, two hundred thirty-five or two hundred sixty-three of this chap-
 ter, or section 255.25, 255.26 or 255.27 of this chapter, and the victim
 of  such  offense  was  under  the  age  of eighteen at the time of such
 offense or such person has been designated a level  three  sex  offender
 pursuant to subdivision six of section [168-l] ONE HUNDRED SIXTY-EIGHT-L
 of the correction law, the court shall require, as a mandatory condition
 of  such sentence, that such sentenced offender shall refrain from know-
 ingly entering into or upon any school grounds, as that term is  defined
 in  subdivision fourteen of section 220.00 of this chapter, or any other
 facility or institution primarily used for  the  care  or  treatment  of
 persons  under  the  age  of  eighteen while one or more of such persons
 under the age of eighteen are present[, provided however,  that].  MORE-
 OVER,  WHERE A PERSON SERVING A SENTENCE FOR AN OFFENSE DEFINED IN ARTI-
 CLE ONE HUNDRED THIRTY, ONE HUNDRED THIRTY-FIVE OR  TWO  HUNDRED  SIXTY-
 THREE  OF  THIS  CHAPTER  OR  SECTION  255.25,  255.26 OR 255.27 OF THIS
 CHAPTER AND THE VICTIM OF SUCH OFFENSE WAS UNDER THE AGE OF THIRTEEN  AT
 THE  TIME  OF  SUCH  OFFENSE,  IS  RELEASED  ON  PAROLE OR CONDITIONALLY
 RELEASED PURSUANT TO SUBDIVISION ONE OR TWO OF THIS SECTION,  THE  STATE

 S. 7505--A                         149                        A. 9505--A
 
 BOARD  OF PAROLE SHALL FURTHER REQUIRE, AS A MANDATORY CONDITION OF SUCH
 RELEASE, THAT SUCH  SENTENCED  OFFENDER  SHALL  REFRAIN  FROM  KNOWINGLY
 ENTERING  WITHIN  ONE THOUSAND FEET OF ANY FACILITY OR INSTITUTION WHERE
 PRE-KINDERGARTEN  OR KINDERGARTEN INSTRUCTION IS PROVIDED. HOWEVER, when
 such sentenced offender is a registered student  or  participant  or  an
 employee of such facility or institution or entity contracting therewith
 or  has  a  family member enrolled in such facility or institution, such
 sentenced offender may, with the written authorization  of  his  or  her
 probation  officer or the court and the superintendent or chief adminis-
 trator of such facility, institution or grounds,  enter  such  facility,
 institution  or upon such grounds for the limited purposes authorized by
 the probation officer or the court and superintendent or chief  officer.
 Nothing in this subdivision shall be construed as restricting any lawful
 condition of supervision that may be imposed on such sentenced offender.
   §  4.  The  executive  law is amended by adding a new section 259-f to
 read as follows:
   § 259-F. QUARTERLY REPORTS OF SCHOOLS. 1. ON A  QUARTERLY  BASIS,  THE
 COMMISSIONER  OF  EDUCATION SHALL PROVIDE TO THE COMMISSIONER AN UPDATED
 LIST OF EVERY ELEMENTARY SCHOOL AND SECONDARY SCHOOL IN THE STATE AND OF
 EVERY OTHER FACILITY OR INSTITUTION WHERE PRE-KINDERGARTEN OR KINDERGAR-
 TEN INSTRUCTION IS PROVIDED.
   2. THE COMMISSIONER SHALL DISTRIBUTE THE INFORMATION RECEIVED PURSUANT
 TO SUBDIVISION ONE OF THIS SECTION TO THE BOARD AND TO THE  DIRECTOR  OF
 PROBATION AND CORRECTIONAL ALTERNATIVES.
   3. ON OR BEFORE FEBRUARY FIRST EACH YEAR, THE COMMISSIONER SHALL NOTI-
 FY  THE  GOVERNOR, THE TEMPORARY PRESIDENT OF THE SENATE, THE SPEAKER OF
 THE ASSEMBLY, THE MINORITY LEADER OF THE SENATE, AND THE MINORITY LEADER
 OF THE ASSEMBLY ON THE COMPLIANCE WITH THIS SECTION.
   § 5. This act shall take effect on the first of July  next  succeeding
 the date on which it shall have become a law.
 
                                  PART JJ
 
   Section  1.  Paragraph  (i)  of subdivision 3 of section 130.05 of the
 penal law, as added by section 2 of part G of chapter 501 of the laws of
 2012, is amended and a new paragraph (j) is added to read as follows:
   (i) a resident  or  inpatient  of  a  residential  facility  operated,
 licensed  or  certified  by  (i)  the  office of mental health; (ii) the
 office for people with developmental disabilities; or (iii)  the  office
 of alcoholism and substance abuse services, and the actor is an employee
 of  the facility not married to such resident or inpatient. For purposes
 of this paragraph, "employee" means either: an employee  of  the  agency
 operating  the residential facility, who knows or reasonably should know
 that such person is a resident or inpatient of  such  facility  and  who
 provides  direct  care  services,  case  management services, medical or
 other clinical services, habilitative services or direct supervision  of
 the residents in the facility in which the resident resides; or an offi-
 cer  or other employee, consultant, contractor or volunteer of the resi-
 dential facility, who knows or reasonably should know that the person is
 a resident of such facility and who is in direct contact with  residents
 or  inpatients; provided, however, that the provisions of this paragraph
 shall only apply to a  consultant,  contractor  or  volunteer  providing
 services pursuant to a contractual arrangement with the agency operating
 the  residential  facility  or,  in  the  case of a volunteer, a written
 agreement with such facility, provided that the person received  written
 notice  concerning  the  provisions of this paragraph; provided further,

 S. 7505--A                         150                        A. 9505--A
 
 however, "employee" shall not include  a  person  with  a  developmental
 disability who is or was receiving services and is also an employee of a
 service provider and who has sexual contact with another service recipi-
 ent who is a consenting adult who has consented to such contact[.]; OR
   (J)  DETAINED  OR  OTHERWISE IN THE CUSTODY OF A POLICE OFFICER, PEACE
 OFFICER, OR OTHER LAW ENFORCEMENT OFFICIAL AND THE  ACTOR  IS  A  POLICE
 OFFICER, PEACE OFFICER OR OTHER LAW ENFORCEMENT OFFICIAL WHO EITHER: (I)
 IS  DETAINING  OR  MAINTAINING CUSTODY OF SUCH PERSON; OR (II) KNOWS, OR
 REASONABLY SHOULD KNOW, THAT AT THE TIME OF THE OFFENSE, SUCH PERSON WAS
 DETAINED OR IN CUSTODY.
   § 2. Subdivision 4 of section 130.10 of the penal law, as  amended  by
 chapter 205 of the laws of 2011, is amended to read as follows:
   4. In any prosecution under this article in which the victim's lack of
 consent  is  based solely on his or her incapacity to consent because he
 or she was less than seventeen years old, mentally disabled, a client or
 patient and the actor is a health care provider, DETAINED  OR  OTHERWISE
 IN CUSTODY OF LAW ENFORCEMENT UNDER THE CIRCUMSTANCES DESCRIBED IN PARA-
 GRAPH  (J)  OF  SUBDIVISION  THREE OF SECTION 130.05 OF THIS ARTICLE, or
 committed to the care and custody or supervision of the state department
 of corrections and community supervision or a hospital and the actor  is
 an employee, it shall be a defense that the defendant was married to the
 victim as defined in subdivision four of section 130.00 of this article.
   §  3.  This  act shall take effect on the thirtieth day after it shall
 have become a law.
 
                                  PART KK
 
   Section 1. Subdivision 4  of  section  7  of  the  correction  law  is
 REPEALED.
   §  2.  Subdivisions  1  and  6  of section 8 of the correction law, as
 amended by section 6 of subpart A of part C of chapter 62 of the laws of
 2011, are amended to read as follows:
   1. Any applicant for employment with the department  as  a  correction
 officer  [at  a facility of the department], INSTITUTION SAFETY OFFICER,
 PAROLE OFFICER, OR WARRANT AND  TRANSFER  OFFICER  shall  be  tested  in
 accordance with the requirements of this section.
   6.  Notwithstanding  any  other  provision  of law, the results of the
 tests administered pursuant to this section shall be used solely for the
 qualification of a candidate for correction officer, INSTITUTION  SAFETY
 OFFICER,  PAROLE  OFFICER, OR WARRANT AND TRANSFER OFFICER and the vali-
 dation  of  the  psychological  instruments  utilized.  For  all   other
 purposes,  the  results of the examination shall be confidential and the
 records sealed by the department of  corrections  and  community  super-
 vision,  and  not  be  available to any other agency or person except by
 authorization of the applicant or, upon written notice  by  order  of  a
 court of this state or the United States.
   §  3.  Subdivisions  2  and  3 of section 10 of the correction law are
 REPEALED and subdivision 4 is renumbered subdivision 2.
   § 4. Section 22-a of the correction law, as added by  chapter  134  of
 the laws of 1984, is amended to read as follows:
   § 22-a. Qualification for employment as a correction officer, INSTITU-
 TION  SAFETY  OFFICER,  PAROLE OFFICER, OR WARRANT AND TRANSFER OFFICER.
 1. THE COMMISSIONER SHALL NOT APPOINT ANY PERSON AS A  CORRECTION  OFFI-
 CER,  INSTITUTION SAFETY OFFICER, PAROLE OFFICER OR WARRANT AND TRANSFER
 OFFICER, UNLESS SUCH PERSON HAS ATTAINED HIS OR HER TWENTY-FIRST  BIRTH-
 DAY.

 S. 7505--A                         151                        A. 9505--A
 
   2. THE COMMISSIONER SHALL NOT APPOINT ANY PERSON AS A CORRECTION OFFI-
 CER OR WARRANT AND TRANSFER OFFICER, UNLESS SUCH PERSON IS A HIGH SCHOOL
 GRADUATE  OR  A HOLDER OF A HIGH SCHOOL EQUIVALENCY DIPLOMA ISSUED BY AN
 EDUCATION DEPARTMENT OF ANY OF THE STATES OF  THE  UNITED  STATES  OR  A
 HOLDER  OF A COMPARABLE DIPLOMA ISSUED BY ANY COMMONWEALTH, TERRITORY OR
 POSSESSION OF THE UNITED STATES OR BY THE CANAL ZONE OR A  HOLDER  OF  A
 REPORT  FROM  THE  UNITED  STATES  ARMED  FORCES  CERTIFYING  HIS OR HER
 SUCCESSFUL COMPLETION OF THE TESTS OF GENERAL  EDUCATIONAL  DEVELOPMENT,
 HIGH  SCHOOL  LEVEL.  IN ADDITION, THE DIPLOMA ISSUED TO THE HIGH SCHOOL
 GRADUATE MUST BE FROM AN ACCREDITED PUBLIC OR PRIVATE SCHOOL  RECOGNIZED
 BY THE EDUCATION DEPARTMENT. DIPLOMAS ISSUED THROUGH A HOME STUDY COURSE
 AND NOT BY AN APPROPRIATE EDUCATIONAL AUTHORITY WILL NOT BE ACCEPTED.
   3.  THE COMMISSIONER SHALL NOT APPOINT ANY PERSON AS A PAROLE OFFICER,
 UNLESS SUCH PERSON POSSESSES A BACCALAUREATE DEGREE CONFERRED BY A POST-
 SECONDARY INSTITUTION ACCREDITED BY AN ACCREDITING AGENCY RECOGNIZED  BY
 THE  UNITES  STATES  DEPARTMENT  OF  EDUCATION. PAROLE OFFICER SELECTION
 SHALL BE BASED ON DEFINITE QUALIFICATIONS AS TO CHARACTER,  ABILITY  AND
 TRAINING  WITH AN EMPHASIS ON CAPACITY AND ABILITY TO PROVIDE A BALANCED
 APPROACH TO INFLUENCING HUMAN BEHAVIOR  AND  TO  USE  JUDGEMENT  IN  THE
 ENFORCEMENT  OF  THE  RULES  AND  REGULATIONS  OF COMMUNITY SUPERVISION.
 PAROLE OFFICERS SHALL BE PERSONS LIKELY TO EXERCISE A STRONG AND HELPFUL
 INFLUENCE UPON PERSONS PLACED UNDER THEIR  SUPERVISION  WHILE  RETAINING
 THE GOAL OF PROTECTING SOCIETY.
   4.  THERE  ARE  NO SPECIFIC EDUCATION REQUIREMENTS FOR THE POSITION OF
 INSTITUTION SAFETY OFFICER.
   5. No person, on or after the effective date of this section,  may  be
 appointed  to the position of a correction officer [in any], institution
 SAFETY OFFICER, PAROLE OFFICER, OR WARRANT AND TRANSFER OFFICER  in  the
 department  who  has been convicted of a felony or of any offense in any
 other jurisdiction which if committed in this state would  constitute  a
 felony. The commissioner may in his discretion, bar the appointment of a
 person,  on or after the effective date of this section, to the position
 of correction officer [in any], institution SAFETY OFFICER, PAROLE OFFI-
 CER, OR WARRANT AND TRANSFER OFFICER, in the department,  who  has  been
 convicted  of  a misdemeanor or of any offense in any other jurisdiction
 which if committed in this state would constitute a misdemeanor where he
 has determined that the employment of such person is  not  in  the  best
 interest  of  the department, WHO IS NOT FIT PHYSICALLY, OR WHO, AFTER A
 THOROUGH INVESTIGATION, IS DETERMINED TO NOT BE OF GOOD MORAL CHARACTER.
 Notwithstanding the foregoing provisions  of  this  section,  no  person
 shall  be  disqualified  pursuant  to  this section unless he shall have
 first been furnished  a  written  statement  of  the  reasons  for  such
 disqualification and afforded an opportunity by the commissioner, or his
 designee, to make an explanation and to submit facts in opposition ther-
 eto.
   6.  NOTWITHSTANDING  ANY  OTHER PROVISION OF LAW, THE COMMISSIONER, IN
 HIS OR HER DISCRETION MAY TERMINATE THE EMPLOYMENT OF ANY  EMPLOYEE  WHO
 IS  CONVICTED  OF  A CRIME WHENEVER THE COMMISSIONER DETERMINES THAT THE
 CONTINUED EMPLOYMENT OF SUCH PERSON WOULD NOT BE IN THE BEST INTEREST OF
 THE DEPARTMENT. NOTWITHSTANDING THE  FOREGOING,  NO  EMPLOYEE  SHALL  BE
 TERMINATED  PURSUANT  TO  THIS SECTION UNLESS HE OR SHE SHALL FIRST HAVE
 BEEN FURNISHED WITH A WRITTEN STATEMENT OF THE REASONS FOR SUCH DETERMI-
 NATION AND AFFORDED AN OPPORTUNITY BY THE COMMISSIONER, OR  HIS  OR  HER
 DESIGNEE, TO MAKE AN EXPLANATION AND TO SUBMIT FACTS IN OPPOSITION THER-
 ETO.

 S. 7505--A                         152                        A. 9505--A
 
   §  5. The correction law is amended by adding a new section 12 to read
 as follows:
   §  12.  COMMISSIONER'S AUTHORITY TO DISCIPLINE CERTAIN SERIOUS MISCON-
 DUCT. 1. ACTS OF MISCONDUCT. NOTWITHSTANDING ANY OTHER PROVISION OF LAW,
 WHEN AN EMPLOYEE IS ALLEGED TO HAVE COMMITTED AN ACT OF SERIOUS  MISCON-
 DUCT  CONSISTING  OF  ANY  OF  THE FOLLOWING: AN ACT OF EXCESSIVE USE OF
 FORCE; AN ACT OF FALSE REPORTING REGARDING ONE OR MORE ACTS OF EXCESSIVE
 USE OF FORCE; AN INTENTIONAL FAILURE TO REPORT AN EXCESSIVE USE OF FORCE
 ACT; THE USE OR POSSESSION OF A CONTROLLED  SUBSTANCE  OR  MARIHUANA  AS
 DEFINED IN ARTICLES TWO HUNDRED TWENTY AND TWO HUNDRED TWENTY-ONE OF THE
 PENAL  LAW OR SYNTHETIC CANNABINOIDS AS DEFINED IN SECTION EIGHT HUNDRED
 TWELVE OF TITLE TWENTY-ONE OF THE UNITED STATES CODE;  THE  INTRODUCTION
 OF A CONTROLLED SUBSTANCE, MARIHUANA OR OTHER SIGNIFICANTLY INCAPACITAT-
 ING  SUBSTANCE  TO  A  DEPARTMENT  FACILITY;  OR AN INAPPROPRIATE SEXUAL
 RELATIONSHIP OR CONTACT WITH AN INMATE OR PAROLEE; THEN THE DISCIPLINARY
 PROCESS THAT MAY BE APPLIED TO SUCH EMPLOYEE SHALL NOT  BE  GOVERNED  BY
 ANY  COLLECTIVE  BARGAINING  AGREEMENT OR BY SECTION SEVENTY-FIVE OF THE
 CIVIL SERVICE LAW, BUT SHALL BE  GOVERNED  BY  THE  PROVISIONS  OF  THIS
 SECTION.
   2.  DISCIPLINARY  ACTION.  A PERSON DESCRIBED IN PARAGRAPH (A), (B) OR
 (C) OF THIS SUBDIVISION SHALL NOT BE REMOVED OR OTHERWISE  SUBJECTED  TO
 ANY  DISCIPLINARY  PENALTY  PROVIDED  IN THIS SECTION EXCEPT FOR SERIOUS
 MISCONDUCT, AS SET FORTH IN SUBDIVISION ONE OF  THIS  SECTION,  AFTER  A
 HEARING UPON STATED CHARGES PURSUANT TO THIS SECTION.
   (A)  A  PERSON  HOLDING  A  POSITION  BY  PERMANENT APPOINTMENT IN THE
 COMPETITIVE CLASS OF THE CLASSIFIED CIVIL SERVICE; OR
   (B) A PERSON HOLDING A POSITION BY PERMANENT APPOINTMENT OR EMPLOYMENT
 IN THE CLASSIFIED SERVICE OF THE STATE, WHO WAS HONORABLY DISCHARGED  OR
 RELEASED  UNDER  HONORABLE  CIRCUMSTANCES  FROM  THE ARMED FORCES OF THE
 UNITED STATES HAVING SERVED THEREIN AS SUCH MEMBER IN  TIME  OF  WAR  AS
 DEFINED  IN  SECTION  EIGHTY-FIVE OF THE CIVIL SERVICE LAW, OR WHO IS AN
 EXEMPT VOLUNTEER FIREFIGHTER AS DEFINED IN THE   GENERAL MUNICIPAL  LAW,
 EXCEPT  WHEN A PERSON DESCRIBED IN THIS PARAGRAPH HOLDS  THE POSITION OF
 PRIVATE SECRETARY, CASHIER OR DEPUTY OF ANY OFFICIAL OR DEPARTMENT; OR
   (C) AN EMPLOYEE HOLDING A POSITION IN THE NON-COMPETITIVE CLASS  OTHER
 THAN  A  POSITION  DESIGNATED  IN  THE  RULES OF THE STATE CIVIL SERVICE
 COMMISSION AS CONFIDENTIAL OR REQUIRING  THE  PERFORMANCE  OF  FUNCTIONS
 INFLUENCING  POLICY,    WHO SINCE HIS OR HER LAST ENTRY INTO SERVICE HAS
 COMPLETED AT LEAST FIVE YEARS OF CONTINUOUS SERVICE IN THE  NON-COMPETI-
 TIVE  CLASS IN A POSITION OR POSITIONS NOT SO DESIGNATED IN THE RULES AS
 CONFIDENTIAL OR REQUIRING THE PERFORMANCE OF FUNCTIONS INFLUENCING POLI-
 CY.
   3. PROCEDURE. AN EMPLOYEE AS DESCRIBED  IN  SUBDIVISION  TWO  OF  THIS
 SECTION WHO AT THE TIME OF QUESTIONING APPEARS TO BE A POTENTIAL SUBJECT
 OF  DISCIPLINARY  ACTION  FOR  AN ACT OF SERIOUS MISCONDUCT SHALL HAVE A
 RIGHT TO REPRESENTATION BY HIS OR HER CERTIFIED OR  RECOGNIZED  EMPLOYEE
 ORGANIZATION  UNDER  ARTICLE FOURTEEN OF THE CIVIL SERVICE LAW AND SHALL
 BE NOTIFIED IN ADVANCE, IN WRITING, OF  SUCH  RIGHT.    AN  EMPLOYEE  AS
 DESCRIBED IN SUBDIVISION TWO OF THIS SECTION WHO IS DESIGNATED MANAGERI-
 AL  OR  CONFIDENTIAL  UNDER  ARTICLE  FOURTEEN OF THE CIVIL SERVICE LAW,
 SHALL HAVE, AT THE TIME OF  QUESTIONING,  WHERE  IT  APPEARS  THAT  SUCH
 EMPLOYEE  IS  A  POTENTIAL  SUBJECT OF DISCIPLINARY ACTION FOR AN ACT OF
 SERIOUS MISCONDUCT, A RIGHT  TO REPRESENTATION AND SHALL BE NOTIFIED  IN
 ADVANCE,  IN  WRITING,  OF SUCH RIGHT. IF REPRESENTATION IS REQUESTED, A
 REASONABLE PERIOD OF TIME SHALL BE AFFORDED TO   OBTAIN  SUCH  REPRESEN-
 TATION.  IF  THE  EMPLOYEE  IS  UNABLE TO OBTAIN REPRESENTATION WITHIN A

 S. 7505--A                         153                        A. 9505--A
 
 REASONABLE PERIOD OF TIME, THEN THE DEPARTMENT MAY  PROCEED  WITH  QUES-
 TIONING  THE  EMPLOYEE.  A  HEARING OFFICER APPOINTED UNDER THIS SECTION
 SHALL DETERMINE IF A REASONABLE PERIOD OF TIME WAS OR WAS NOT  AFFORDED.
 IN  THE EVENT THE HEARING OFFICER FINDS THAT A REASONABLE PERIOD OF TIME
 WAS NOT AFFORDED THEN ANY AND ALL STATEMENTS OBTAINED  FROM  SAID  QUES-
 TIONING,  AS WELL AS ANY EVIDENCE OR INFORMATION OBTAINED AS A RESULT OF
 SAID QUESTIONING SHALL BE EXCLUDED. A PERSON  AGAINST  WHOM  REMOVAL  OR
 OTHER  DISCIPLINARY  ACTION IS PROPOSED SHALL BE PROVIDED WRITTEN NOTICE
 AND SHALL BE FURNISHED A COPY OF THE CHARGES PREFERRED  AGAINST  HIM  OR
 HER  AND  SHALL BE ALLOWED AT LEAST EIGHT DAYS FOR ANSWERING THE SAME IN
 WRITING. THE HEARING UPON SUCH CHARGES SHALL BE HELD BY A HEARING  OFFI-
 CER,  SELECTED  BY  THE COMMISSIONER OR HIS OR HER DESIGNEE. THE HEARING
 OFFICER SHALL BE VESTED WITH ALL THE  POWERS  OF  THE  COMMISSIONER  AND
 SHALL  MAKE A RECORD OF SUCH HEARING, WHICH SHALL, ALONG WITH HIS OR HER
 RECOMMENDATION, BE REFERRED TO THE COMMISSIONER  FOR  REVIEW  AND  FINAL
 DETERMINATION.  THE PERSON  HOLDING SUCH HEARING SHALL, UPON THE REQUEST
 OF THE EMPLOYEE AGAINST WHOM CHARGES  ARE PREFERRED, PERMIT HIM  OR  HER
 TO  BE REPRESENTED BY COUNSEL, OR BY A REPRESENTATIVE OF A RECOGNIZED OR
 CERTIFIED EMPLOYEE ORGANIZATION, AND SHALL ALLOW HIM OR  HER  TO  SUMMON
 WITNESSES ON HIS OR HER BEHALF. THE BURDEN OF PROVING SERIOUS MISCONDUCT
 SHALL  BE  UPON  THE  DEPARTMENT.  COMPLIANCE  WITH  TECHNICAL  RULES OF
 EVIDENCE SHALL NOT BE REQUIRED.
   4. SUSPENSION PENDING DETERMINATION OF CHARGES; PENALTIES. PENDING THE
 HEARING AND DETERMINATION OF CHARGES OF SERIOUS MISCONDUCT, THE EMPLOYEE
 AGAINST WHOM SUCH CHARGES HAVE BEEN PREFERRED MAY BE  SUSPENDED  WITHOUT
 PAY.  IF  THE  EMPLOYEE  IS FOUND GUILTY OF THE CHARGES, THE RECOMMENDED
 PENALTY OR PUNISHMENT MAY CONSIST OF ANY COMBINATION OF THE FOLLOWING:
   (A) A LETTER OF REPRIMAND;
   (B) REMOVAL FROM WORK LOCATION AND TRANSFER;
   (C) A FINE TO BE DEDUCTED FROM THE SALARY OR WAGES OF SUCH EMPLOYEE;
   (D) PROBATION FOR A SPECIFIED PERIOD, PROVIDED ANY  FURTHER  VIOLATION
 CAN LEAD TO TERMINATION;
   (E) SUSPENSION WITHOUT PAY;
   (F) DEMOTION IN GRADE AND TITLE; OR
   (G) DISMISSAL FROM THE SERVICE AND LOSS OF ACCUMULATED LEAVE CREDITS.
   PROVIDED,  HOWEVER,  THAT THE TIME DURING THE PENDENCY OF THE HEARING,
 IN WHICH AN  EMPLOYEE IS SUSPENDED WITHOUT PAY,  MAY  BE  CONSIDERED  AS
 PART OF THE  PENALTY.
   THE FINAL DETERMINATION OF THE COMMISSIONER ON THE RECOMMENDATION FROM
 THE HEARING OFFICER SHALL BE MADE WITHIN TEN BUSINESS DAYS OF RECEIPT OF
 SUCH RECOMMENDATION.  IF THE EMPLOYEE IS ACQUITTED OF ALL CHARGES, HE OR
 SHE SHALL BE RESTORED TO HIS OR HER POSITION WITH FULL PAY FOR THE PERI-
 OD  OF SUSPENSION LESS THE AMOUNT OF ANY UNEMPLOYMENT INSURANCE BENEFITS
 THAT MAY HAVE BEEN RECEIVED.
   IF SUCH EMPLOYEE IS FOUND GUILTY OF ONE OR MORE OF THE CHARGES, A COPY
 OF THE CHARGES, HIS OR HER WRITTEN ANSWER, A TRANSCRIPT OF THE  HEARING,
 AND  THE  FINAL  DETERMINATION OF THE COMMISSIONER SHALL BE FILED IN THE
 BUREAU OF LABOR RELATIONS AND THE EMPLOYEE'S PERSONNEL FILE. A  COPY  OF
 THE  TRANSCRIPT  OF  THE  HEARING  SHALL,  UPON  REQUEST OF THE AFFECTED
 EMPLOYEE, BE FURNISHED TO HIM OR HER WITHOUT CHARGE.
   5. APPEAL. WHEN AN EMPLOYEE BELIEVES HE  OR  SHE  IS  AGGRIEVED  BY  A
 PENALTY  OF  FINE,  PROBATION,  SUSPENSION,  DEMOTION  OR DISMISSAL FROM
 SERVICE IMPOSED PURSUANT TO THIS SECTION, HE OR SHE MAY MAKE AN APPLICA-
 TION TO THE APPROPRIATE COURT IN ACCORDANCE WITH THE PROVISION OF  ARTI-
 CLE SEVENTY-EIGHT OF THE CIVIL PRACTICE LAW AND RULES.

 S. 7505--A                         154                        A. 9505--A
 
   § 6. Paragraph (h) of subdivision 4 of section 50 of the civil service
 law,  as  added by chapter 790 of the laws of 1958, is amended and a new
 paragraph (i) is added to read as follows:
   (h) who has been dismissed from private employments because of habitu-
 ally poor performance[.]; OR
   (I)  WHO  HAS BEEN DISCIPLINED FOR AN ACT OF SERIOUS MISCONDUCT AS SET
 FORTH IN SUBDIVISION ONE OF SECTION TWELVE OF THE CORRECTION LAW.
   § 7. Subdivision 1 of section 61 of the civil service law, as added by
 chapter 790 of the laws of 1958, is amended to read as follows:
   1. Appointment  or  promotion  from  eligible  lists.  Appointment  or
 promotion  from  an eligible list to a position in the competitive class
 shall be made by the selection of one of the three persons certified  by
 the  appropriate  civil  service  commission as standing highest on such
 eligible list who are willing to accept such appointment  or  promotion;
 provided, however, that the state or a municipal commission may provide,
 by rule, that where it is necessary to break ties among eligibles having
 the  same  final examination ratings in order to determine their respec-
 tive standings on the eligible list, appointment  or  promotion  may  be
 made  by the selection of any eligible whose final examination rating is
 equal to or higher than the final examination rating of the third  high-
 est  standing  eligible willing to accept such appointment or promotion;
 PROVIDED, FURTHER, THAT AN INDIVIDUAL'S NAME SHALL BE SUSPENDED FROM THE
 ELIGIBLE LIST PENDING THE OUTCOME OF THE REVIEW OF THE APPLICANT'S QUAL-
 IFICATIONS PURSUANT  TO  SUBDIVISION  FOUR  OF  SECTION  FIFTY  OF  THIS
 ARTICLE.    Appointments  and promotions shall be made from the eligible
 list most nearly appropriate for the position to be filled.
   § 8. Subdivision 1 of section 112 of the correction law, as amended by
 section 19 of subpart A of part C of chapter 62 of the laws of 2011,  is
 amended to read as follows:
   1.  The  commissioner [of corrections and community supervision] shall
 have the superintendence, management and  control  of  the  correctional
 facilities in the department and of the inmates confined therein, and of
 all  matters relating to the government, discipline, policing, contracts
 and fiscal concerns thereof. He or she shall have the power and it shall
 be his or her duty to inquire  into  all  matters  connected  with  said
 correctional  facilities.  He  or  she  shall  make such rules and regu-
 lations, not in conflict with  the  statutes  of  this  state,  for  the
 government  of  the  officers  and  other  employees  of  the department
 assigned to said facilities, and in regard to the duties to be performed
 by them, and for the government  and  discipline  of  each  correctional
 facility,  as  he or she may deem proper, and shall cause such rules and
 regulations to be recorded by the superintendent of the facility, and  a
 copy  thereof to be furnished to each employee assigned to the facility.
 WITH DUE CONSIDERATION FOR OVERALL SAFETY AND SECURITY, HE OR SHE  SHALL
 ALSO  HAVE  THE  POWER TO PLACE REASONABLE LIMITS OR RESTRICTIONS ON THE
 SIZE OF ANY CONTAINER OR BAG AN  EMPLOYEE  MAY  WISH  TO  BRING  INTO  A
 CORRECTIONAL FACILITY OR COMMUNITY SUPERVISION OFFICE WHEN REPORTING FOR
 DUTY,  INCLUDING BUT NOT LIMITED TO REASONABLE LIMITS OR RESTRICTIONS ON
 THE SIZE OR TYPE OF LUNCH CONTAINER OR BAG, AS WELL AS REASONABLE LIMITS
 OR RESTRICTIONS ON ITEMS THAT CAN POSE A THREAT OR BE USED AS A  WEAPON.
 He  or  she  shall also prescribe a system of accounts and records to be
 kept at each correctional facility, which system shall be uniform at all
 of said facilities, and he or she shall also make rules and  regulations
 for  a  record of photographs and other means of identifying each inmate
 received into said facilities. He  or  she  shall  appoint  and  remove,
 subject  to  the  civil  service law and rules, subordinate officers and

 S. 7505--A                         155                        A. 9505--A
 
 other employees of the  department  who  are  assigned  to  correctional
 facilities.
   §  9.  This  act shall take effect on the thirtieth day after it shall
 have become a law; provided, however, that the  amendments  to  subdivi-
 sions  1 and 6 of section 8 of the correction law made by section two of
 this act shall not affect the expiration of such section  and  shall  be
 deemed  to  expire  therewith; provided, further, that sections four and
 five of this act shall take effect upon the expiration  of  the  current
 collective  bargaining  agreement that governs impacted employees of the
 department of corrections and community supervision, provided  that  the
 commissioner  of  corrections and community supervision shall notify the
 legislative bill drafting commission upon the expiration of the  current
 collective  bargaining  agreement that governs impacted employees of the
 department of corrections and community supervision 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.    Provided further, that
 notwithstanding any other provision of law to the contrary,  once  these
 provisions  take  effect  they cannot be abrogated, amended, enhanced or
 modified in any way by future collective bargain.
 
                                  PART LL
 
   Section 1. Paragraph (b) of subdivision  2  of  section  1676  of  the
 public authorities law is amended by adding a new undesignated paragraph
 to read as follows:
   AN  AUTHORIZED  AGENCY  AS DEFINED BY SUBDIVISION TEN OF SECTION THREE
 HUNDRED SEVENTY-ONE OF THE SOCIAL SERVICES LAW,  OR  A  LOCAL  PROBATION
 DEPARTMENT AS DEFINED BY SECTIONS TWO HUNDRED FIFTY-FIVE AND TWO HUNDRED
 FIFTY-SIX OF THE EXECUTIVE LAW FOR THE PROVISION OF DETENTION FACILITIES
 CERTIFIED  BY  THE  OFFICE  OF  CHILDREN  AND FAMILY SERVICES OR BY SUCH
 OFFICE IN CONJUNCTION WITH THE STATE COMMISSION OF CORRECTION OR FOR THE
 PROVISION OF RESIDENTIAL FACILITIES LICENSED BY THE OFFICE  OF  CHILDREN
 AND  FAMILY  SERVICES  INCLUDING  ALL  NECESSARY AND USUAL ATTENDANT AND
 RELATED FACILITIES AND EQUIPMENT.
   § 2. Subdivision 1 of section 1680 of the public  authorities  law  is
 amended by adding a new undesignated paragraph to read as follows:
   AN  AUTHORIZED  AGENCY  AS DEFINED BY SUBDIVISION TEN OF SECTION THREE
 HUNDRED SEVENTY-ONE OF THE SOCIAL SERVICES LAW,  OR  A  LOCAL  PROBATION
 DEPARTMENT AS DEFINED BY SECTIONS TWO HUNDRED FIFTY-FIVE AND TWO HUNDRED
 FIFTY-SIX OF THE EXECUTIVE LAW FOR THE PROVISION OF DETENTION FACILITIES
 CERTIFIED  BY  THE  OFFICE  OF  CHILDREN  AND FAMILY SERVICES OR BY SUCH
 OFFICE IN CONJUNCTION WITH THE STATE COMMISSION OF CORRECTION OR FOR THE
 PROVISION OF RESIDENTIAL FACILITIES LICENSED BY THE OFFICE  OF  CHILDREN
 AND  FAMILY  SERVICES  INCLUDING  ALL  NECESSARY AND USUAL ATTENDANT AND
 RELATED FACILITIES AND EQUIPMENT.
   § 3. Subdivision 2 of section 1680 of the public  authorities  law  is
 amended by adding a new paragraph k to read as follows:
   K.  (1)  FOR  PURPOSES OF THIS SECTION, THE FOLLOWING PROVISIONS SHALL
 APPLY TO THE POWERS IN CONNECTION WITH THE PROVISION OF DETENTION FACIL-
 ITIES CERTIFIED BY THE OFFICE OF CHILDREN AND FAMILY SERVICES OR BY SUCH
 OFFICE IN CONJUNCTION WITH THE STATE COMMISSION OF CORRECTION OR FOR THE
 PROVISION OF RESIDENTIAL FACILITIES LICENSED BY THE OFFICE  OF  CHILDREN
 AND  FAMILY  SERVICES  INCLUDING  ALL  NECESSARY AND USUAL ATTENDANT AND
 RELATED FACILITIES AND EQUIPMENT.

 S. 7505--A                         156                        A. 9505--A
 
   (2) NOTWITHSTANDING ANY OTHER PROVISION OF LAW, ANY ENTITY  AS  LISTED
 ABOVE  SHALL HAVE FULL POWER AND AUTHORITY TO ENTER INTO SUCH AGREEMENTS
 WITH  THE  DORMITORY  AUTHORITY  AS  ARE  NECESSARY  TO  FINANCE  AND/OR
 CONSTRUCT DETENTION OR RESIDENTIAL FACILITIES DESCRIBED ABOVE, INCLUDING
 WITHOUT  LIMITATION,  THE PROVISION OF FEES AND AMOUNTS NECESSARY TO PAY
 DEBT SERVICE ON ANY OBLIGATIONS ISSUED BY THE  DORMITORY  AUTHORITY  FOR
 SAME,  AND  TO ASSIGN AND PLEDGE TO THE DORMITORY AUTHORITY, ANY AND ALL
 PUBLIC FUNDS TO BE APPORTIONED OR OTHERWISE MADE PAYABLE BY  THE  UNITED
 STATES,  ANY  AGENCY THEREOF, THE STATE, ANY AGENCY THEREOF, A POLITICAL
 SUBDIVISION, AS DEFINED IN SECTION ONE HUNDRED OF THE GENERAL  MUNICIPAL
 LAW, ANY SOCIAL SERVICES DISTRICT IN THE STATE OR ANY OTHER GOVERNMENTAL
 ENTITY  IN AN AMOUNT SUFFICIENT TO MAKE ALL PAYMENTS REQUIRED TO BE MADE
 BY ANY SUCH ENTITY AS LISTED ABOVE PURSUANT TO ANY  LEASE,  SUBLEASE  OR
 OTHER AGREEMENT ENTERED INTO BETWEEN ANY SUCH ENTITY AS LISTED ABOVE AND
 THE DORMITORY AUTHORITY. ALL STATE AND LOCAL OFFICERS ARE HEREBY AUTHOR-
 IZED  AND  REQUIRED TO PAY ALL SUCH FUNDS SO ASSIGNED AND PLEDGED TO THE
 DORMITORY AUTHORITY OR, UPON THE DIRECTION OF THE  DORMITORY  AUTHORITY,
 TO  ANY TRUSTEE OF ANY DORMITORY AUTHORITY BOND OR NOTE ISSUED, PURSUANT
 TO A CERTIFICATE FILED WITH ANY SUCH  STATE  OR  LOCAL  OFFICER  BY  THE
 DORMITORY AUTHORITY PURSUANT TO THE PROVISIONS OF THIS SECTION.
   § 4. 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 Parts A through LL 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
 ________________________________________________________________________
 
                                  7505--B
 
                             I N  S E N A T E
 
                             January 18, 2018
                                ___________
 
 A  BUDGET  BILL,  submitted by the Governor pursuant to article seven of
   the Constitution -- read twice and ordered printed, and  when  printed
   to  be  committed to the Committee on Finance -- committee discharged,
   bill amended, ordered reprinted as amended  and  recommitted  to  said
   committee  -- committee discharged, bill amended, ordered reprinted as
   amended and recommitted to said committee

 AN ACT intentionally omitted (Part A); intentionally omitted  (Part  B);
   intentionally  omitted  (Part C); to amend the penal law, the criminal
   procedure law and the executive law, in relation to  discovery  reform
   and  intimidating  or  tampering  with  a  victim or witness (Part D);
   intentionally omitted (Part E); intentionally omitted (Part F); inten-
   tionally omitted (Part G);  intentionally  omitted  (Part  H);  inten-
   tionally  omitted  (Part  I);  intentionally  omitted (Part J); inten-
   tionally omitted (Part K); intentionally omitted (Part  L);  to  amend
   the tax law, in relation to suspending the transfer of monies into the
   emergency services revolving loan fund from the public safety communi-
   cations  account  (Part 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 requiring a yearly report on  armory  usage;  and  to
   amend chapter 152 of the laws of 2001 amending the military law relat-
   ing  to  military  funds  of the organized militia, in relation to the
   effectiveness thereof (Part O); intentionally  omitted  (Part  P);  to
   amend  the alcoholic beverage control law, in relation to hotel tavern
   licenses and allowing bed and breakfasts to sell cider,  liquor,  beer
   and  wine  (Part  Q);  to amend the alcoholic beverage control law, in
   relation to the production and sale of mead and braggot; and to repeal
   certain provisions of such  law  relating  thereto  (Part  R);  inten-
   tionally  omitted  (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 addi-
   tional 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);
   intentionally  omitted  (Part  W);  to amend the retirement and social
   security law and the state finance law, in relation  to  enacting  the
 
              

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD12670-04-8

 S. 7505--B                          2
 
   New  York  state  secure choice savings program act (Part X); to amend
   the workers' compensation  law,  in  relation  to  the  investment  of
   surplus  of  the  state insurance fund (Part Y); intentionally omitted
   (Part Z); intentionally omitted (Part AA); intentionally omitted (Part
   BB); to amend the state finance law, in relation to the citizen empow-
   erment  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  towns  (Part  DD); intentionally omitted (Part EE); to amend the
   public authorities 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 authoriz-
   ing certain payments and transfers; to amend the state finance law, in
   relation to the school tax relief fund and to payments, transfers  and
   deposits;  to  amend  chapter 174 of the laws of 1968 constituting the
   New York state urban development corporation act, in relation to fund-
   ing 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 facil-
   ities  improvement  fund  and  the youth facility improvement fund, in
   relation to the issuance  of  bonds;  to  amend  the  private  housing
   finance  law, in relation to housing program bonds and notes; to amend
   chapter 329 of the laws of 1991, amending the state  finance  law  and
   other  laws relating to the establishment of the dedicated highway and
   bridge trust fund, in relation to the issuance of bonds; to amend  the
   public  authorities  law,  in relation to the issuance of bonds by the
   dormitory authority; to amend chapter 61 of the laws of 2005  relating
   to  providing  for  the  administration  of certain funds and accounts
   related to the 2005-2006 budget, in relation to issuance of  bonds  by
   the  urban  development corporation; to amend the New York state urban
   development corporation act, in relation to the issuance of bonds;  to
   amend  the  public  authorities law, in relation to the state environ-
   mental infrastructure projects; to amend  the  New  York  state  urban
   development  corporation  act,  in  relation  to authorizing the urban
   development corporation to issue bonds to fund project costs  for  the
   implementation of a NY-CUNY challenge grant program 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 adminis-
   tration of certain funds and accounts related to the 2002-2003 budget,
   in relation to increasing the aggregate amount of bonds to  be  issued
   by  the  New  York  state  urban development corporation; to amend the
   public authorities law, in relation to financing of peace  bridge  and
   transportation  capital projects; to amend the public authorities law,
   in relation to dormitories at certain educational  institutions  other
   than  state  operated  institutions and statutory or contract colleges
   under the jurisdiction of the state university of New York;  to  amend
   the  New  York  state  medical  care facilities finance agency act, in
   relation to bonds and mental health facilities improvement  notes;  to
   amend  chapter  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 relat-
   ing to providing for the administration of certain funds and  accounts
   related  to  the  2017-18  budget and authorizing certain payments and

 S. 7505--B                          3
 
   transfers, in relation to the effectiveness thereof; to amend  chapter
   63  of  the laws of 2005, relating to the composition and responsibil-
   ities 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); intentionally  omitted  (Part  HH);  to  amend  the
   social services law, the executive 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-kindergarten 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); intentionally  omitted  (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); to amend the public authorities law,
   in relation to the financing and construction  of  facilities  by  the
   dormitory  authority for Cerebral Palsy Associations of New York State
   and any of its not-for-profit members (Part MM); to amend the  retire-
   ment and social security law, in relation to disability retirement for
   members  of  the  department  of  environmental  conservation,  forest
   rangers, university police officers and the regional state park police
   (Part NN); to  amend  the  retirement  and  social  security  law,  in
   relation to accidental disability retirement for uniformed court offi-
   cers  and  peace  officers  employed in the unified court system (Part
   OO); to amend the retirement and social security law, in  relation  to
   death  benefits  for  certain members; and providing for the repeal of
   such provisions upon expiration thereof (Part PP); to amend the gener-
   al municipal law and the administrative code of the city of New  York,
   in relation to sick leave for officers and employees with a qualifying
   World  Trade  Center  condition;  to  amend  the civil service law, in
   relation to the review of certain claims; and to amend chapter 273  of
   the laws of 2017 amending the general municipal law relating to grant-
   ing  sick  leave  for  officers  and employees with a qualifying World
   Trade Center condition, in relation to the reimbursement of any public
   authority or municipal corporation in a city with a population of less
   than one million people for the cost of  certain  line  of  duty  sick
   leave  (Part  QQ);  to  amend  the  civil  service law, in relation to
   reimbursement for medicare charges (Part RR); to amend the  retirement
   and  social  security  law,  in  relation  to  certain disabilities of
   university police officers appointed by the state  university  of  New
   York  (Part  SS);  to  amend the civil service law and the legislative
   law, in relation to certain benefits provided pursuant  to  collective
   bargaining  agreements  (Part  TT);  to  amend  the  education law, in
   relation to ensuring that certain school districts  are  eligible  for
   incentive  building aid; and relating to new towns (Part UU); to amend
   the tax law, in relation to the public safety communications surcharge
   (Part VV); to amend the real property tax  law,  in  relation  to  the
   taxation  of  certain  lands  in  Bowman Lake State Park (Part WW); to
   amend the executive law and the penal law, in relation to the require-
   ment for certain sex offenders who are  on  probation  or  parole,  or
   conditionally released to reside certain distances from school grounds

 S. 7505--B                          4
 
   (Part  XX);  to amend the penal law, in relation to criminal sale of a
   controlled substance upon the grounds of a drug or  alcohol  treatment
   center (Part YY); to amend the penal law, in relation to criminal sale
   and possession of substances containing heroin (Part ZZ); to amend the
   penal  law, in relation to certain controlled substance offenses (Part
   AAA); to amend the penal law,  in  relation  to  criminal  sale  of  a
   controlled  substance  (Part  BBB); to amend the public health law, in
   relation to body imaging scanning equipment;  and  providing  for  the
   repeal of such provisions upon expiration thereof (Part CCC); to amend
   the correction law, in relation to contraband screening at correction-
   al  facilities  (Part  DDD);  to  amend  the general municipal law, in
   relation to the appropriation of funds for the training of  firefight-
   ers  (Part  EEE);  to amend the retirement and social security law, in
   relation to annual earnings limitations for  retired  police  officers
   employed  as  school  resource officers (Part FFF); to amend the penal
   law and the executive law, in relation to acts of  terrorism  and  the
   New  York state intelligence center (Subpart A); to amend the criminal
   procedure law, in relation to peace officers who  are  retired  police
   officers  employed  by  a school district as a school resource officer
   (Subpart B); to amend the penal law, in relation to an intentional act
   or continuing course of action that would cause serious physical  harm
   to  ten or more people (Subpart C); and to amend the penal law and the
   highway law, in relation  to  violence  committed  on  school  grounds
   (Subpart  D)(Part  GGG);  to  amend  the executive law, in relation to
   sworn members of the New York state police (Part HHH);  to  amend  the
   retirement  and social security law, in relation to disability retire-
   ment  benefits  for  sheriffs,  deputy  sheriffs,  undersheriffs,  and
   correction  officers in Nassau county (Part III); to amend the retire-
   ment and social security law,  in  relation  to  the  equalization  of
   retirement  benefits  for  police officers across New York state (Part
   JJJ); to amend the volunteer firefighters' benefit law and the  volun-
   teer  ambulance  workers'  benefit  law, in relation to the payment of
   death benefits (Part KKK); to amend the executive law, in relation  to
   establishing  the  deceased  police officer, firefighter and emergency
   medical services family housing assistance program; and to  amend  the
   state  finance  law, in relation to the deceased police officer family
   housing fund (Part LLL); to amend the public service  law,  the  labor
   law  and  the  public health law, in relation to the protection of the
   health, safety and employment rights of employees suffering employment
   loss as the result of the sale or closure of a nuclear electric gener-
   ation facility (Part MMM); to amend the alcoholic beverage control law
   and the general municipal law, in  relation  to  allowing  patrons  to
   remove  alcohol  from  a licensed premises in a leisure and recreation
   district (Part NNN); to amend the town law, in relation to the  powers
   and  duties  of  the  receiver of taxes and assessments (Part OOO); to
   amend  the  education  law,  in  relation  to  the  component   school
   districts' share of the capital expenditures of a board of cooperative
   educational  services  (Part  PPP); to amend the general municipal law
   and the education law, in relation to payments in lieu of taxes  (Part
   QQQ);  to amend the state administrative procedure act, in relation to
   agencies adopting emergency rules  (Part  RRR);  to  amend  the  state
   administrative  procedure act, in relation to improving evaluations of
   the potential impact of rules on  jobs  and  employment  opportunities
   (Part  SSS);  to  amend  the  state  administrative  procedure act, in
   relation to establishing a task force for  the  review  of  the  state
   administrative  procedure  act (Part TTT); to amend the executive law,

 S. 7505--B                          5
 
   in relation to regulatory fines for small businesses  (Part  UUU);  to
   amend  the  state  administrative  procedure  act, in relation to each
   agency designating a small business liaison (Part VVV); to  amend  the
   legislative law, the state administrative procedure act and the execu-
   tive  law,  in relation to the filing of objections to agency rules by
   the administrative regulations review commission (Part WWW); to  amend
   the  legislative  law  and  the state administrative procedure act, in
   relation to providing the administrative regulations review commission
   with the ability to delay  the  adoption  of  proposed  administrative
   rules (Subpart A); to amend the state administrative procedure act, in
   relation  to the time needed by small businesses and local governments
   to comply with new regulations (Subpart B); to amend the state  admin-
   istrative  procedure  act,  in  relation  to  rule  making  procedures
   (Subpart C); and to amend the state administrative procedure  act,  in
   relation  to  increasing  the  revised rule public comment period from
   thirty days to forty-five days (Subpart D)(Part  XXX);  to  amend  the
   state  administrative  procedure  act,  in relation to negotiated rule
   making (Part YYY); to amend the state administrative procedure act, in
   relation to petitions for alternate methods of implementing regulatory
   mandates (Subpart A); and to amend the legislative law, the  executive
   law  and  the  state  administrative  procedure  act,  in  relation to
   unfunded mandate review (Subpart B)(Part ZZZ); to amend  the  adminis-
   trative  code of the city of New York, in relation to establishing the
   commission on Roosevelt Avenue,  and  providing  for  its  powers  and
   duties;  and  providing for the repeal of such provisions upon expira-
   tion thereof (Part AAAA); to enact the "youth violence prevention task
   force act"; and providing for the repeal of such provisions upon expi-
   ration thereof (Part BBBB); to amend the criminal  procedure  law,  in
   relation  to  a  "problem solving court" (Part CCCC); to establish the
   New York state 2020 complete count commission and  providing  for  its
   powers and duties (Part DDDD); and to amend the penal law, in relation
   to the definition of a gravity knife (Part EEEE)
 
   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
 necessary  to  implement the state public protection and general govern-
 ment budget for the 2018-2019 state fiscal year. Each component is whol-
 ly contained within a Part identified  as  Parts  A  through  EEEE.  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, including the effective date of the
 Part, which makes a reference to a section "of this act", when  used  in
 connection  with  that particular component, shall be deemed to mean and
 refer to the corresponding section of the Part in  which  it  is  found.
 Section  three of this act sets forth the general effective date of this
 act.
 
                                  PART A

                           Intentionally Omitted
 
                                  PART B

 S. 7505--B                          6
 
                           Intentionally Omitted
 
                                  PART C
 
                           Intentionally Omitted
 
                                  PART D
 
   Section  1. 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.
   §  2.  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.
   § 3. 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

 S. 7505--B                          7
 
 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.
   § 4. 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.
   § 5. 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.
   § 6. 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

 S. 7505--B                          8
 
 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.
   §  7.  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.
   §  8.  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

 S. 7505--B                          9
 
   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.
   §  9.  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.
   § 10. 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.
   § 11. 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-

 S. 7505--B                         10

 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.
   § 12. 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;
   § 13. 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.
   § 14. This act shall  take  effect  on  the  first  of  November  next
 succeeding the date on which it shall have become a law.

 S. 7505--B                         11
 
                                  PART E
 
                           Intentionally Omitted
 
                                  PART F
 
                           Intentionally Omitted
 
                                  PART G
 
                           Intentionally Omitted
 
                                  PART H

                           Intentionally Omitted
 
                                  PART I
 
                           Intentionally Omitted
 
                                  PART J
 
                           Intentionally Omitted
 
                                  PART K
 
                           Intentionally Omitted
 
                                  PART L
 
                           Intentionally Omitted
 
                                  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

 S. 7505--B                         12
 
 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.
 
                                  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:

 S. 7505--B                         13
 
   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. Section 179 of the military law is amended by adding a new subdi-
 vision 3 to read as follows:
   3.  ON  OR  BEFORE  DECEMBER  THIRTY-FIRST  OF EACH YEAR, THE ADJUTANT
 GENERAL SHALL DELIVER A REPORT TO THE GOVERNOR, THE TEMPORARY  PRESIDENT
 OF  THE  SENATE,  THE  SPEAKER  OF THE ASSEMBLY, THE CHAIR OF THE SENATE
 STANDING COMMITTEE ON VETERANS, HOMELAND SECURITY AND MILITARY  AFFAIRS,
 AND  THE  ASSEMBLY  STANDING  COMMITTEE  ON  VETERANS' AFFAIRS REGARDING
 ARMORY USE DURING THE PRECEDING  YEAR.  SUCH  REPORT  SHALL  PROVIDE  IN
 DETAIL:
   A.  ALL  CAPITAL  PROJECTS  COMPLETED, APPROVED AND/OR CONTRACTED FOR,
 WITH RESPECT TO EACH ARMORY OF THE STATE AND WITH SPECIFICITY AS TO WHAT
 EACH PROJECT ENTAILS, ITS PROJECTED OR TOTAL COST, AND TIME  FRAME  FROM
 DESIGN UNTIL COMPLETION.
   B.  ALL  ACTIVITIES  TAKING  PLACE  AT  EACH  OF THE STATE'S ARMORIES,
 INCLUDING, FOR EACH SUCH ARMORY:
   (I) AN INVENTORY OF ALL ACTIVITIES HELD AT SUCH ARMORY  BY  THE  DIVI-
 SION, SPECIFYING THE NAME OF THE DIVISION ENTITY USING THE FACILITY, THE
 TYPE  AND  DURATION OF USE BY SUCH ENTITY, ANY NON PERSONNEL COST AND/OR
 EXPENSE FOR SUCH USE, ANY PERSONNEL COST, AND/OR EXPENSE,  AND/OR  STAFF
 TIME  EXPENDED  FOR  SUCH  USE BY ANY PERSONNEL OF THE DIVISION OR OTHER
 STATE EMPLOYEES FOR SET UP, CLOSE DOWN, CLEAN UP OR ANY  OTHER  SERVICES
 PROVIDED IN ACCORDANCE WITH SUCH USE;
   (II)  AN  INVENTORY  OF  ALL ACTIVITIES HELD AT SUCH ARMORY BY A THIRD
 PARTY PAYING RENT TO THE DIVISION, SPECIFYING THE  NAME  OF  THE  ENTITY
 USING  THE  FACILITY,  THE AMOUNT OF RENT PAID FOR EACH SUCH USE BY SUCH
 THIRD PARTY PAYING RENT, THE TYPE AND DURATION  OF  USE  BY  SUCH  THIRD
 PARTY ENTITY PAYING RENT, ANY NON PERSONNEL COST AND/OR EXPENSE FOR SUCH
 USE,  ANY  PERSONNEL  COST AND/OR EXPENSE AND/OR STAFF TIME EXPENDED FOR
 SUCH USE BY ANY PERSONNEL OF THE DIVISION OR OTHER STATE  EMPLOYEES  FOR
 SET  UP,  CLOSE DOWN, CLEAN UP OR ANY OTHER SERVICES PROVIDED IN ACCORD-
 ANCE WITH SUCH USE; AND
   (III) AN INVENTORY OF ALL ACTIVITIES HELD AT SUCH ARMORY  BY  A  THIRD
 PARTY NOT PAYING RENT TO THE DIVISION, SPECIFYING THE NAME OF THE ENTITY
 USING  THE FACILITY, THE REASON OR REASONS NO RENT WAS REQUIRED FOR EACH
 SUCH USE BY SUCH THIRD PARTY NOT PAYING RENT, THE TYPE AND  DURATION  OF
 USE  BY  SUCH THIRD PARTY ENTITY NOT PAYING RENT, ANY NON PERSONNEL COST

 S. 7505--B                         14
 
 AND/OR EXPENSE FOR SUCH USE, ANY PERSONNEL COST  AND/OR  EXPENSE  AND/OR
 STAFF  TIME  EXPENDED  FOR  SUCH USE BY ANY PERSONNEL OF THE DIVISION OR
 OTHER STATE EMPLOYEES FOR SET UP, CLOSE DOWN,  CLEAN  UP  OR  ANY  OTHER
 SERVICES PROVIDED IN ACCORDANCE WITH SUCH USE.
   §  5.  This act shall take effect immediately; provided, however, that
 sections one, two and four of this act shall take effect April 1, 2018.

                                  PART P
 
                           Intentionally Omitted
 
                                  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. Subdivision 4 of section 51 of  the  alcoholic  beverage  control
 law,  as  amended by chapter 431 of the laws of 2014, is amended to read
 as follows:
   4. A licensed brewery may operate a restaurant, hotel,  AN  ESTABLISH-
 MENT  DESIGNATED AND COMMONLY KNOWN AND OPERATED AS A BED AND BREAKFAST,
 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 manufactured by the licensee  and  any
 New York state labeled beer. All of the provisions of this chapter rela-
 tive  to licenses to sell beer at retail for consumption on the premises
 shall apply so far as applicable to such licensee.  Notwithstanding  any
 other  provision  of  law,  the  licensed brewer may apply to the liquor
 authority for a license to sell beer,  wine  or  liquor  at  retail  for
 consumption on the premises at such establishment. All of the provisions

 S. 7505--B                         15
 
 of  this  chapter  relative  to licenses to sell beer, wine or liquor at
 retail for consumption on the premises shall apply so far as  applicable
 to such application.
   §  4.  Paragraph (g) of subdivision 2 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:
   (g)  operate  a  restaurant,  hotel,  AN  ESTABLISHMENT DESIGNATED AND
 COMMONLY KNOWN AND OPERATED AS A BED AND BREAKFAST, catering  establish-
 ment,  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 manufactured by the licensee and any New
 York state labeled beer or New York state  labeled  cider.  All  of  the
 provisions  of  this chapter relative to licenses to sell beer 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;
   § 5. Subparagraph (ii) of paragraph (f) of subdivision  2  of  section
 58-c of the alcoholic beverage control law, as amended by chapter 431 of
 the laws of 2014, is amended to read as follows:
   (ii)  operate  a  restaurant,  hotel,  AN ESTABLISHMENT DESIGNATED AND
 COMMONLY KNOWN AND OPERATED AS A BED AND BREAKFAST, catering  establish-
 ment,  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, cider manufactured by the licensee and any New York state
 labeled cider. All of the provisions of this chapter relative to  licen-
 sees  to  selling cider at retail shall apply. Notwithstanding any other
 provision of law, the licensed farm cidery 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;
   § 6. Subparagraph (ii) of paragraph (e) of subdivision 2-c of  section
 61  of  the alcoholic beverage control law, as amended by chapter 431 of
 the laws of 2014, is amended to read as follows:
   (ii) operate a restaurant,  hotel,  AN  ESTABLISHMENT  DESIGNATED  AND
 COMMONLY  KNOWN AND OPERATED AS A BED AND BREAKFAST, catering establish-
 ment, 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, liquor manufactured by the licensee and any New York state
 labeled liquor. All of  the  provisions  of  this  chapter  relative  to
 licenses  to sell liquor at retail for consumption on the premises shall
 apply so far as applicable to such licensee. Notwithstanding  any  other
 provision  of law, the licensee 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.
   §  7.  Subdivision 5-a of section 64 of the alcoholic beverage control
 law, as added by chapter 480 of the laws of 2003, is amended to read  as
 follows:
   5-a.  Notwithstanding  the  provisions  of  subdivision  five  of this
 section, a liquor license may be issued under this section to an  estab-
 lishment designated and commonly known and operated as a "bed and break-
 fast"  regardless  of  whether  or  not a restaurant is operated in such
 establishment[, provided that such license shall only permit the sale of
 alcoholic beverages to overnight guests of such establishment].

 S. 7505--B                         16
 
   § 8. 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, AN ESTABLISH-
 MENT DESIGNATED AND COMMONLY KNOWN AS  A  BED  AND  BREAKFAST,  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 and wine products manufactured by the licen-
 see and any New York state labeled wine 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 establishment.
   §  9.  Paragraph (f) of subdivision 2 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:
   (f)  operate  a  restaurant,  hotel,  AN  ESTABLISHMENT DESIGNATED AND
 COMMONLY KNOWN AND OPERATED AS A BED AND BREAKFAST, catering  establish-
 ment,  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 manufactured by the licensee
 and any New York state labeled wine, New York state labeled cider 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 prem-
 ises shall apply so far as applicable to such licensee.  Notwithstanding
 any other provision of law, the licensed winery may apply to the author-
 ity for a license under article four of this chapter to sell other alco-
 holic beverages at retail for consumption on the premises at such estab-
 lishment.
   § 10. 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
 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-

 S. 7505--B                         17
 
 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;
   (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;

 S. 7505--B                         18
 
   (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
 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

 S. 7505--B                         19
 
 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.
   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.

 S. 7505--B                         20
 
   §  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,
 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 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

 S. 7505--B                         21
 
 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 judg-
 ment. If full payment shall not have been received by the division with-
 in 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 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,
 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 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

 S. 7505--B                         22
 
 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 judg-
 ment. If full payment shall not have been received by the division with-
 in 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 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, AND 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;
   (c) sell or deliver beer [and], cider, AND BRAGGOT manufactured by the
 licensee to persons outside the state pursuant to the laws of the  place
 of such delivery;
   (d)  sell  beer [and], cider, AND BRAGGOT manufactured by the licensee
 to wholesalers and retailers licensed in this state to  sell  such  beer
 [and],  cider,  AND  BRAGGOT,  licensed  farm  distillers, licensed farm
 wineries, licensed farm cideries, LICENSED FARM MEADERIES and any  other
 licensed  farm  brewery. All such beer [and], cider, AND 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) sell at the licensed premises beer [and], cider, AND BRAGGOT manu-
 factured  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,
 AND  BRAGGOT  manufactured  by  the  licensee or any other licensed farm
 brewery;

 S. 7505--B                         23
 
   (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, AND BRAGGOT 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, CIDER, AND BRAGGOT 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, AND BRAGGOT 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,  AND  BRAGGOT
 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,  OR BRAGGOT 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, AND  BRAGGOT  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 granted
 thereby shall be subject to such rules and conditions of  the  authority
 as it deems necessary.

 S. 7505--B                         24
 
   § 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, AND BRAGGOT annually.
   (b) A farm brewery shall manufacture at least fifty  barrels  of  beer
 [and], cider, AND BRAGGOT 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-
 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.

 S. 7505--B                         25

   § 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
 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

 S. 7505--B                         26
 
 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, OR MEAD 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,
 OR  MEAD sold by such licensee for consumption 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

 S. 7505--B                         27
 
 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], AND MEAD manufactured by the licensee 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, CIDER, AND MEAD annual-
 ly.
   (b)  Any person licensed under this section shall manufacture at least
 fifty gallons of wine, CIDER, AND MEAD 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-
 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.

 S. 7505--B                         28
 
   § 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
 
                           Intentionally Omitted
 
                                  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-

 S. 7505--B                         29
 
 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.
 
                                  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

 S. 7505--B                         30
 
 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
 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-

 S. 7505--B                         31
 
 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
 
                           Intentionally Omitted
 
                                  PART X
 
   Section 1. Short title. This act shall be known and may  be  cited  as
 the "New York state secure choice savings program act".
   § 2. The retirement and social security law is amended by adding a new
 article 14-C to read as follows:
                               ARTICLE 14-C
               NEW YORK STATE SECURE CHOICE SAVINGS PROGRAM
 SECTION 570. DEFINITIONS.
         571. PROGRAM ESTABLISHED.
         572. COMPOSITION OF THE BOARD.
         573. FIDUCIARY DUTY.
         574. DUTIES OF THE BOARD.
         575. RISK MANAGEMENT.
         576. INVESTMENT FIRMS.
         577. INVESTMENT OPTIONS.
         578. BENEFITS.
         579. EMPLOYER  AND  EMPLOYEE  INFORMATION PACKETS AND DISCLOSURE
                FORMS.
         580. PROGRAM IMPLEMENTATION AND ENROLLMENT.
         581. PAYMENTS.
         582. DUTY AND LIABILITY OF THE STATE.
         583. DUTY AND LIABILITY OF PARTICIPATING EMPLOYERS.
         584. AUDIT AND REPORTS.
         585. DELAYED IMPLEMENTATION.
   § 570. DEFINITIONS. ALL TERMS SHALL HAVE THE SAME MEANING AS WHEN USED
 IN A COMPARABLE CONTEXT IN THE INTERNAL REVENUE CODE. AS  USED  IN  THIS
 ARTICLE, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
   1. "BOARD" SHALL MEAN THE NEW YORK SECURE CHOICE SAVINGS PROGRAM BOARD
 ESTABLISHED UNDER THIS ARTICLE.
   2. "SUPERINTENDENT" SHALL MEAN THE SUPERINTENDENT OF THE DEPARTMENT OF
 FINANCIAL SERVICES.
   2-A. "COMPTROLLER" SHALL MEAN THE COMPTROLLER OF THE STATE.
   3.  "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.
   4.  "EMPLOYER"  SHALL  MEAN  A PERSON OR ENTITY ENGAGED IN A BUSINESS,
 INDUSTRY, PROFESSION, TRADE, OR OTHER  ENTERPRISE  IN  NEW  YORK  STATE,

 S. 7505--B                         32
 
 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.
   5. "ENROLLEE" SHALL MEAN ANY EMPLOYEE WHO IS ENROLLED IN THE PROGRAM.
   6.  "FUND" SHALL MEAN THE NEW YORK STATE SECURE CHOICE SAVINGS PROGRAM
 FUND.
   7. "INTERNAL REVENUE CODE" SHALL MEAN THE  INTERNAL  REVENUE  CODE  OF
 1986, OR ANY SUCCESSOR LAW, IN EFFECT FOR THE CALENDAR YEAR.
   8. "IRA" SHALL MEAN A ROTH IRA (INDIVIDUAL RETIREMENT ACCOUNT).
   9.  "PARTICIPATING  EMPLOYER" SHALL MEAN AN EMPLOYER OR SMALL EMPLOYER
 THAT PROVIDES  A  PAYROLL  DEPOSIT  RETIREMENT  SAVINGS  ARRANGEMENT  AS
 PROVIDED  FOR BY THIS ARTICLE FOR ITS EMPLOYEES WHO ARE ENROLLEES IN THE
 PROGRAM.
   10. "PAYROLL DEPOSIT RETIREMENT SAVINGS  ARRANGEMENT"  SHALL  MEAN  AN
 ARRANGEMENT  BY WHICH A PARTICIPATING EMPLOYER ALLOWS ENROLLEES TO REMIT
 PAYROLL DEDUCTION CONTRIBUTIONS TO THE PROGRAM.
   11. "PROGRAM" SHALL MEAN THE NEW  YORK  STATE  SECURE  CHOICE  SAVINGS
 PROGRAM.
   12.    "WAGES"  MEANS  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.
   §  571.  PROGRAM ESTABLISHED. THERE IS HEREBY ESTABLISHED A RETIREMENT
 SAVINGS PROGRAM IN THE FORM OF AN AUTOMATIC ENROLLMENT PAYROLL DEDUCTION
 IRA, KNOWN AS THE NEW YORK STATE SECURE CHOICE  SAVINGS  PROGRAM.    THE
 GENERAL  ADMINISTRATION  AND  RESPONSIBILITY FOR THE PROPER OPERATION OF
 THE PROGRAM SHALL BE ADMINISTERED  BY  THE  BOARD  FOR  THE  PURPOSE  OF
 PROMOTING  GREATER  RETIREMENT SAVINGS FOR PRIVATE-SECTOR EMPLOYEES IN A
 CONVENIENT, LOW-COST, AND PORTABLE MANNER.
   § 572. COMPOSITION OF THE BOARD. THERE IS HEREBY CREATED THE NEW  YORK
 STATE SECURE CHOICE SAVINGS PROGRAM BOARD.
   1. THE BOARD SHALL CONSIST OF THE FOLLOWING EIGHT MEMBERS:
   (A)  THE STATE COMPTROLLER, OR HIS OR HER DESIGNEE, WHO SHALL SERVE AS
 CHAIR;
   (B) THE SUPERINTENDENT, OR HIS OR HER DESIGNEE;
   (C) TWO PUBLIC REPRESENTATIVES WITH EXPERTISE  IN  RETIREMENT  SAVINGS
 PLAN  ADMINISTRATION  OR  INVESTMENT,  OR  BOTH,  ONE  OF  WHOM SHALL BE
 APPOINTED BY THE SPEAKER OF THE  ASSEMBLY  AND  ONE  OF  WHOM  SHALL  BE
 APPOINTED BY THE TEMPORARY PRESIDENT OF THE SENATE;
   (D)  A  REPRESENTATIVE  OF  PARTICIPATING  EMPLOYERS, APPOINTED BY THE
 GOVERNOR;
   (E) A REPRESENTATIVE OF ENROLLEES, APPOINTED BY THE GOVERNOR;
   (F) THE CHAIR OF THE ASSEMBLY GOVERNMENTAL EMPLOYEES COMMITTEE; AND
   (G) THE CHAIR OF THE SENATE CIVIL SERVICE AND PENSION COMMITTEE.
   2. MEMBERS OF THE BOARD SHALL SERVE WITHOUT COMPENSATION  BUT  MAY  BE
 REIMBURSED  FOR  NECESSARY  TRAVEL  EXPENSES INCURRED IN CONNECTION WITH
 THEIR BOARD DUTIES FROM FUNDS APPROPRIATED FOR THE PURPOSE.
   3. THE INITIAL APPOINTMENTS SHALL BE AS FOLLOWS: ONE PUBLIC  REPRESEN-
 TATIVE FOR FOUR YEARS; THE REPRESENTATIVE OF PARTICIPATING EMPLOYERS FOR
 THREE YEARS; AND THE REPRESENTATIVE OF ENROLLEES FOR THREE YEARS.  THER-
 EAFTER, ALL THE GOVERNOR'S APPOINTEES SHALL BE FOR TERMS OF FOUR YEARS.
   4.  A VACANCY IN THE TERM OF AN APPOINTED BOARD MEMBER SHALL BE FILLED
 FOR THE BALANCE OF THE UNEXPIRED TERM IN THE SAME MANNER AS THE ORIGINAL
 APPOINTMENT.

 S. 7505--B                         33
 
   5. EACH APPOINTMENT BY THE GOVERNOR SHALL BE SUBJECT  TO  APPROVAL  BY
 THE  COMPTROLLER,  WHO, UPON APPROVAL, SHALL CERTIFY HIS OR HER APPROVAL
 TO THE SECRETARY OF STATE.
   § 573. FIDUCIARY DUTY. THE BOARD, THE INDIVIDUAL MEMBERS OF THE BOARD,
 THE  TRUSTEES,  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:
   1.  FOR  THE EXCLUSIVE PURPOSES OF PROVIDING BENEFITS TO ENROLLEES AND
 BENEFICIARIES AND DEFRAYING REASONABLE  EXPENSES  OF  ADMINISTERING  THE
 PROGRAM;
   2.  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
   3. BY USING ANY CONTRIBUTIONS PAID BY EMPLOYEES AND  EMPLOYERS  REMIT-
 TING  EMPLOYEES'  OWN  CONTRIBUTIONS  INTO THE TRUST EXCLUSIVELY FOR THE
 PURPOSE OF PAYING BENEFITS TO THE ENROLLEES OF THE PROGRAM, FOR THE COST
 OF ADMINISTRATION OF THE PROGRAM, AND FOR INVESTMENTS MADE FOR THE BENE-
 FIT OF THE PROGRAM.
   § 574. DUTIES OF THE BOARD.  IN  ADDITION  TO  THE  OTHER  DUTIES  AND
 RESPONSIBILITIES STATED IN THIS ARTICLE, THE BOARD SHALL:
   1.  CAUSE  THE  PROGRAM  TO BE DESIGNED, ESTABLISHED AND OPERATED IN A
 MANNER THAT:
   (A) ACCORDS WITH BEST PRACTICES FOR RETIREMENT SAVINGS VEHICLES;
   (B) MAXIMIZES PARTICIPATION, SAVINGS, AND SOUND  INVESTMENT  PRACTICES
 INCLUDING  CONSIDERING  THE USE OF AUTOMATIC ENROLLMENT AS ALLOWED UNDER
 FEDERAL LAW;
   (C) MAXIMIZES SIMPLICITY, INCLUDING EASE OF ADMINISTRATION FOR PARTIC-
 IPATING EMPLOYERS AND ENROLLEES;
   (D) PROVIDES AN EFFICIENT PRODUCT TO ENROLLEES BY  POOLING  INVESTMENT
 FUNDS;
   (E) ENSURES THE PORTABILITY OF BENEFITS; AND
   (F)  PROVIDES  FOR  THE  DEACCUMULATION OF ENROLLEE ASSETS IN A MANNER
 THAT MAXIMIZES FINANCIAL SECURITY IN RETIREMENT.
   2. APPOINT A TRUSTEE TO THE IRA FUND IN COMPLIANCE WITH SECTION 408 OF
 THE INTERNAL REVENUE CODE.
   3. 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.
   4.  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.
   5. 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.
   6. 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.

 S. 7505--B                         34
 
   7. DETERMINE THE NUMBER AND DUTIES OF STAFF MEMBERS NEEDED TO ADMINIS-
 TER THE PROGRAM AND ASSEMBLE SUCH A STAFF, INCLUDING, AS NEEDED, EMPLOY-
 ING STAFF, AND APPOINTING A PROGRAM ADMINISTRATOR.
   8.  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.
   9.  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 THE PARTICIPAT-
 ING 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.
   10. DESIGN AND ESTABLISH THE  PROCESS  FOR  ENROLLMENT  INCLUDING  THE
 PROCESS  BY WHICH AN EMPLOYEE CAN OPT NOT TO PARTICIPATE IN THE PROGRAM,
 SELECT A CONTRIBUTION LEVEL, SELECT AN INVESTMENT OPTION, AND  TERMINATE
 PARTICIPATION IN THE PROGRAM.
   11. EVALUATE AND ESTABLISH THE PROCESS BY WHICH AN EMPLOYEE MAY VOLUN-
 TARILY ENROLL IN AND MAKE CONTRIBUTIONS TO THE PROGRAM.
   12. 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.
   13.  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.
   14.  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
 ADMINISTRATIVE  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
 SUCH  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.
   15.  ALLOCATE ADMINISTRATIVE FEES TO INDIVIDUAL RETIREMENT ACCOUNTS IN
 THE PROGRAM ON A PRO RATA BASIS.
   16. SET MINIMUM AND MAXIMUM CONTRIBUTION  LEVELS  IN  ACCORDANCE  WITH
 LIMITS ESTABLISHED FOR IRAS BY THE INTERNAL REVENUE CODE.
   17. FACILITATE EDUCATION AND OUTREACH TO EMPLOYERS AND EMPLOYEES.
   18.  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.
   19. CARRY OUT THE DUTIES AND OBLIGATIONS OF THE PROGRAM IN  AN  EFFEC-
 TIVE, EFFICIENT, AND LOW-COST MANNER.

 S. 7505--B                         35

   20.  EXERCISE  ANY  AND  ALL OTHER POWERS REASONABLY NECESSARY FOR THE
 EFFECTUATION OF THE PURPOSES, OBJECTIVES, AND PROVISIONS OF THIS ARTICLE
 PERTAINING TO THE PROGRAM.
   21.  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.
   22.  DETERMINE  WITHDRAWAL  PROVISIONS,  SUCH  AS  ECONOMIC HARDSHIPS,
 PORTABILITY AND LEAKAGE.
   23. DETERMINE EMPLOYEE RIGHTS AND ENFORCEMENT OF PENALTIES.
   § 575. RISK MANAGEMENT. 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 OVER-
 ALL RISK MANAGEMENT, AND TO ASSESS INVESTMENT RETURNS AS WELL AS RISK TO
 DETERMINE  IF  THE  RISKS  TAKEN  ARE ADEQUATELY COMPENSATED COMPARED TO
 APPLICABLE PERFORMANCE BENCHMARKS AND STANDARDS. THE BOARD SHALL CONSID-
 ER THE STATEMENT OF INVESTMENT POLICY AND ANY CHANGES IN THE  INVESTMENT
 POLICY AT A PUBLIC HEARING.
   §  576. INVESTMENT FIRMS. 1. THE BOARD SHALL ENGAGE, AFTER AN OPEN BID
 PROCESS, AN INVESTMENT MANAGER OR MANAGERS TO INVEST THE  FUND  AND  ANY
 OTHER ASSETS OF THE PROGRAM. MONEYS IN THE FUND MAY BE INVESTED OR REIN-
 VESTED  BY  THE  COMPTROLLER  OR MAY BE INVESTED IN WHOLE OR IN PART. IN
 SELECTING THE INVESTMENT 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.
   2. 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.
   3. 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.
   § 577. INVESTMENT OPTIONS. 1. THE BOARD SHALL ESTABLISH AS AN  INVEST-
 MENT  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 DESIG-
 NATES BY RULE A NEW INVESTMENT OPTION AS THE DEFAULT.
   2. THE BOARD MAY ALSO ESTABLISH ANY OR ALL OF THE FOLLOWING ADDITIONAL
 INVESTMENT OPTIONS:
   (A) A CONSERVATIVE PRINCIPAL PROTECTION FUND;
   (B) A GROWTH FUND;
   (C)  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;

 S. 7505--B                         36
 
 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
   (D) AN ANNUITY FUND.
   3.  IF  THE  BOARD ELECTS TO ESTABLISH A SECURE RETURN FUND, THE BOARD
 SHALL THEN DETERMINE WHETHER SUCH OPTION SHALL REPLACE THE  TARGET  DATE
 OR LIFE-CYCLE FUND AS THE DEFAULT INVESTMENT OPTION FOR ENROLLEES WHO DO
 NOT  ELECT AN INVESTMENT OPTION. IN MAKING SUCH DETERMINATION, THE BOARD
 SHALL CONSIDER THE COST,  RISK  PROFILE,  BENEFIT  LEVEL,  AND  EASE  OF
 ENROLLMENT  IN  THE SECURE RETURN FUND. THE BOARD MAY AT ANY TIME THERE-
 AFTER REVISIT THIS QUESTION AND, BASED UPON AN ANALYSIS OF THESE  CRITE-
 RIA,  ESTABLISH  EITHER THE SECURE RETURN FUND OR THE LIFE-CYCLE FUND AS
 THE DEFAULT FOR ENROLLEES WHO DO NOT ELECT AN INVESTMENT OPTION.
   § 578. BENEFITS. INTEREST, INVESTMENT EARNINGS, AND INVESTMENT  LOSSES
 SHALL  BE ALLOCATED TO INDIVIDUAL PROGRAM ACCOUNTS AS ESTABLISHED BY THE
 BOARD PURSUANT TO THIS ARTICLE. AN INDIVIDUAL'S RETIREMENT SAVINGS BENE-
 FIT 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 PAYABLE. THE STATE SHALL HAVE NO LIABILITY FOR  THE  PAYMENT  OF
 ANY BENEFIT TO ANY ENROLLEE IN THE PROGRAM.
   § 579. EMPLOYER AND EMPLOYEE INFORMATION PACKETS AND DISCLOSURE FORMS.
 1.  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 BACKGROUND
 INFORMATION ON THE PROGRAM, APPROPRIATE DISCLOSURES FOR  EMPLOYEES,  AND
 INFORMATION REGARDING THE VENDOR INTERNET WEBSITE DESCRIBED.
   2.  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.
   3.  THE  EMPLOYEE  INFORMATION PACKET SHALL INCLUDE A DISCLOSURE FORM.
 THE DISCLOSURE FORM SHALL EXPLAIN, BUT NOT BE LIMITED  TO,  ALL  OF  THE
 FOLLOWING:
   (A) THE BENEFITS AND RISKS ASSOCIATED WITH MAKING CONTRIBUTIONS TO THE
 PROGRAM;
   (B) THE MECHANICS OF HOW TO MAKE CONTRIBUTIONS TO THE PROGRAM;
   (C) HOW TO OPT OUT OF THE PROGRAM;
   (D)  HOW  TO  PARTICIPATE  IN  THE  PROGRAM  WITH  A LEVEL OF EMPLOYEE
 CONTRIBUTIONS OTHER THAN THREE PERCENT;
   (E) THAT THEY ARE NOT REQUIRED TO PARTICIPATE OR CONTRIBUTE MORE  THAN
 THREE PERCENT;
   (F) THAT THEY CAN OPT OUT AFTER THEY HAVE ENROLLED;
   (G) THE PROCESS FOR WITHDRAWAL OF RETIREMENT SAVINGS;
   (H)  THE  PROCESS  FOR  SELECTING  BENEFICIARIES  OF  THEIR RETIREMENT
 SAVINGS;
   (I) HOW TO OBTAIN ADDITIONAL INFORMATION ABOUT THE PROGRAM;
   (J) 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;
   (K)  INFORMATION  ON  HOW  TO  ACCESS  ANY FINANCIAL LITERACY PROGRAMS
 IMPLEMENTED BY THE COMPTROLLER;
   (L) THAT THE PROGRAM IS NOT AN EMPLOYER-SPONSORED RETIREMENT PLAN; AND
   (M) THAT THE PROGRAM FUND IS NOT GUARANTEED BY THE STATE.

 S. 7505--B                         37
 
   4. 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.
   5. 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.
   § 580. PROGRAM IMPLEMENTATION  AND  ENROLLMENT.  EXCEPT  AS  OTHERWISE
 PROVIDED  IN THIS ARTICLE, THE PROGRAM SHALL BE IMPLEMENTED, AND ENROLL-
 MENT OF EMPLOYEES SHALL  BEGIN,  WITHIN  TWENTY-FOUR  MONTHS  AFTER  THE
 EFFECTIVE  DATE OF THIS ARTICLE. THE PROVISIONS OF THIS SECTION SHALL BE
 IN FORCE AFTER THE BOARD OPENS THE PROGRAM FOR ENROLLMENT.
   1. 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.
   2. 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
 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 IN 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  IN  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.
   3.  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.
   4.  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.
   5. 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

 S. 7505--B                         38
 
 EMPLOYER'S DESIGNATED OPEN ENROLLMENT PERIOD  OR  IF  PERMITTED  BY  THE
 PARTICIPATING EMPLOYER AT AN EARLIER TIME.
   6.  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.
   7. AN ENROLLEE MAY TERMINATE HIS OR HER PARTICIPATION IN  THE  PROGRAM
 AT ANY TIME IN A MANNER PRESCRIBED BY THE BOARD.
   8.  (A)  THE STATE COMPTROLLER SHALL ESTABLISH A WEBSITE REGARDING THE
 SECURE CHOICE SAVINGS PROGRAM WHICH  SHALL  BE  ACCESSIBLE  THROUGH  THE
 STATE COMPTROLLER'S OWN WEBSITE.
   (B) 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.
   §  581. PAYMENTS. 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 ARRANGEMENTS  ESTABLISHED  BY  THE  BOARD  UNDER  THIS  ARTICLE,
 EITHER:
   1. 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
   2. BEFORE SUCH LATER DEADLINE PRESCRIBED BY THE BOARD FOR MAKING  SUCH
 PAYMENTS,  BUT  NOT  LATER  THAN  THE  DUE  DATE  FOR THE DEPOSIT OF TAX
 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.
   §  582.  DUTY  AND  LIABILITY OF THE STATE. 1. 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.
   2. NO STATE BOARD, COMMISSION, OR AGENCY, OR ANY OFFICER, EMPLOYEE, OR
 MEMBER THEREOF IS LIABLE FOR  ANY  LOSS  OR  DEFICIENCY  RESULTING  FROM
 PARTICULAR  INVESTMENTS  SELECTED  UNDER  THIS  ARTICLE,  EXCEPT FOR ANY
 LIABILITY THAT ARISES OUT OF A BREACH OF FIDUCIARY DUTY.
   § 583. DUTY AND LIABILITY OF PARTICIPATING EMPLOYERS. 1.   PARTICIPAT-
 ING EMPLOYERS SHALL NOT HAVE ANY LIABILITY FOR AN EMPLOYEE'S DECISION TO
 PARTICIPATE  IN,  OR OPT OUT OF, THE PROGRAM OR FOR THE INVESTMENT DECI-
 SIONS OF THE BOARD OR OF ANY ENROLLEE.
   2. 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.
   § 584. AUDIT AND REPORTS. 1. THE BOARD SHALL ANNUALLY SUBMIT:

 S. 7505--B                         39
 
   (A) AN AUDITED FINANCIAL REPORT, PREPARED IN ACCORDANCE WITH GENERALLY
 ACCEPTED  ACCOUNTING PRINCIPLES, ON THE OPERATIONS OF THE PROGRAM DURING
 EACH CALENDAR YEAR BY JULY FIRST OF THE FOLLOWING YEAR TO THE  GOVERNOR,
 THE COMPTROLLER, THE SUPERINTENDENT OF FINANCIAL SERVICES AND THE SENATE
 AND ASSEMBLY; AND
   (B)  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  OPER-
 ATIONS 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, INDEPENDENT CONTRACTORS, AND ANY OTHER PERSONS WHO ARE  NOT
 STATE EMPLOYEES FOR THE ADMINISTRATION OF THE PROGRAM.
   2. 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.
   §  585.  DELAYED IMPLEMENTATION. IF THE BOARD DOES NOT OBTAIN ADEQUATE
 FUNDS TO IMPLEMENT THE PROGRAM WITHIN THE TIME  FRAME  SET  FORTH  UNDER
 THIS  ARTICLE  AND  IS SUBJECT TO APPROPRIATION, THE BOARD MAY DELAY THE
 IMPLEMENTATION OF THE PROGRAM.
   § 3. 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. 1.   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  SECURE  CHOICE SAVINGS PROGRAM BOARD, A NEW FUND TO BE
 KNOWN AS THE NEW YORK STATE SECURE CHOICE SAVINGS PROGRAM FUND.
   2. THE FUND SHALL INCLUDE THE INDIVIDUAL RETIREMENT ACCOUNTS OF ENROL-
 LEES, WHICH SHALL BE ACCOUNTED FOR AS INDIVIDUAL ACCOUNTS.
   3. 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 ARTICLE FOURTEEN-C  OF  THE  RETIREMENT  AND
 SOCIAL SECURITY LAW.
   4.  THE  FUND SHALL BE OPERATED IN A MANNER DETERMINED BY THE NEW YORK
 STATE SECURE CHOICE SAVINGS PROGRAM 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.
   5.  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. 1.  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 SECURE CHOICE SAVINGS PROGRAM BOARD, A  NEW  FUND  TO  BE
 KNOWN AS THE NEW YORK STATE SECURE CHOICE ADMINISTRATIVE FUND.
   2.  THE  NEW  YORK STATE SECURE CHOICE SAVINGS PROGRAM BOARD SHALL USE
 MONEYS IN THE ADMINISTRATIVE FUND TO PAY FOR ADMINISTRATIVE EXPENSES  IT
 INCURS  IN THE PERFORMANCE OF ITS DUTIES UNDER THE NEW YORK STATE SECURE

 S. 7505--B                         40

 CHOICE SAVINGS PROGRAM PURSUANT TO ARTICLE FOURTEEN-C OF THE  RETIREMENT
 AND SOCIAL SECURITY LAW.
   3.  THE  NEW  YORK STATE SECURE CHOICE SAVINGS PROGRAM BOARD SHALL USE
 MONEYS IN THE  ADMINISTRATIVE  FUND  TO  COVER  START-UP  ADMINISTRATIVE
 EXPENSES  IT INCURS IN THE PERFORMANCE OF ITS DUTIES UNDER ARTICLE FOUR-
 TEEN-C OF THE RETIREMENT AND SOCIAL SECURITY LAW.
   4. THE ADMINISTRATIVE 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
 THE ADMINISTRATIVE FUND MUST BE DEPOSITED INTO THE ADMINISTRATIVE FUND.
   § 4. 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
 [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

 S. 7505--B                         41
 
 percent of such surplus funds. FOR PURPOSES  OF  THIS  SUBDIVISION,  ANY
 FUNDS  APPROPRIATED PURSUANT TO THE PROVISIONS OF SUBDIVISION ONE OR TWO
 OF SECTION EIGHTY-SEVEN-F  OF  THIS  ARTICLE  SHALL  NOT  BE  CONSIDERED
 SURPLUS FUNDS.
   § 2. This act shall take effect immediately.
 
                                  PART Z
 
                           Intentionally Omitted
 
                                  PART AA
 
                           Intentionally Omitted
 
                                  PART BB
 
                           Intentionally Omitted
 
                                  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

 S. 7505--B                         42

 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
 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. 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
 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

 S. 7505--B                         43
 
 of the [adjacent] towns  which  are  parties  to  the  joint  resolution
 providing 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 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.
 
                                  PART EE
 
                           Intentionally Omitted
 
                                  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-

 S. 7505--B                         44
 
 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).
   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).

 S. 7505--B                         45
 
   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. Intentionally omitted.
   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).
   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).

 S. 7505--B                         46
 
   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:
   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.

 S. 7505--B                         47
 
   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. Intentionally omitted.
   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

 S. 7505--B                         48
 
 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:
   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).

 S. 7505--B                         49
 
   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.
   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).

 S. 7505--B                         50
 
   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).
   1-a.  $20,000,000 from the miscellaneous special revenue fund, DOL fee
 and penalty account (21923), to the general fund.
   1-b. $6,500,000 from the miscellaneous special  revenue  fund,  public
 work enforcement account (21998), to the general fund.
   2.  $25,200,000  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).
   3.  $20,773,000  from  the general fund to the correctional industries
 revolving  fund,  correctional  industries  internal   service   account
 (55350).

 S. 7505--B                         51
 
   4. Intentionally omitted.
   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. $652,000,000 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).
   9. $5,000,000 from the miscellaneous special revenue fund, transporta-
 tion  regulation  account  (22067)  to  the dedicated highway and bridge
 trust fund (30050), for disbursements made  from  such  fund  for  motor
 carrier safety that are in excess of the amounts deposited in the gener-

 S. 7505--B                         52
 
 al  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
 sale of notes or bonds, the state university income fund general revenue
 account (22653) for reimbursement  of  bondable  equipment  for  further
 transfer to the state's general fund.

 S. 7505--B                         53
 
   §  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.
   § 8-a. 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 $78,564,000 from the general fund  to  the  state  university  income
 fund,  state  university  hospitals  income reimbursable account (22656)
 during the period July 1, 2017 through June 30, 2018 to reflect  ongoing
 state  subsidy  of  SUNY  hospitals and to pay costs attributable to the
 SUNY hospitals' state agency status.
   § 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  $1,063,078,300  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.

 S. 7505--B                         54
 
   §  12. Notwithstanding any law to the contrary, and in accordance with
 section 4 of the state finance law, the comptroller, after  consultation
 with  the  state university chancellor or his or her designee, is hereby
 authorized and directed to transfer moneys, in the first instance,  from
 the  state  university  collection fund, Stony Brook hospital collection
 account (61006), Brooklyn hospital collection account (61007), and Syra-
 cuse hospital collection account (61008) to the state university  income
 fund,  state university hospitals income reimbursable account (22656) in
 the event insufficient funds  are  available  in  the  state  university
 income  fund,  state  university  hospitals  income reimbursable account
 (22656) to permit the full transfer of moneys authorized  for  transfer,
 to  the  general  fund  for  payment of debt service related to the SUNY
 hospitals. Notwithstanding any law to the contrary, the  comptroller  is
 also  hereby  authorized and directed, after consultation with the state
 university chancellor or his or her designee, to  transfer  moneys  from
 the  state  university  income fund to the state university income fund,
 state university hospitals income reimbursable account  (22656)  in  the
 event  insufficient  funds  are available in the state university income
 fund, state university hospitals income reimbursable account (22656)  to
 pay  hospital  operating  costs or to permit the full transfer of moneys
 authorized for transfer, to the general fund for payment of debt service
 related to the SUNY hospitals on or before March 31, 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

 S. 7505--B                         55
 
 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
 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 $500 million from the unencumbered balance of any special revenue
 fund or account, agency  fund  or  account,  internal  service  fund  or
 account,  enterprise  fund  or account, or any combination of such funds
 and accounts, to the general fund. The amounts transferred  pursuant  to
 this authorization shall be in addition to any other transfers expressly
 authorized  in  the  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.
   §  17-a.  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 $20,000,000  from  the  unencumbered  balance  of  any
 special  revenue  fund or account, or combination of funds and accounts,
 to the community projects fund. The amounts transferred pursuant to this
 authorization shall be in addition  to  any  other  transfers  expressly
 authorized  in  the 2016-2017 budget. Transfers from federal funds, debt
 services funds, capital projects funds, or funds that  would  result  in
 the  loss  of eligibility for federal benefits or federal funds pursuant

 S. 7505--B                         56
 
 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.   The director of the budget shall (a)
 have received a request in writing from one or both houses of the legis-
 lature,  and  (b) notify both houses of the legislature in writing prior
 to initiating transfers pursuant to this authorization. The  comptroller
 shall  provide  the  director  of  the  budget,  the chair of the senate
 finance committee, and the chair of the assembly ways and means  commit-
 tee  with  an accurate accounting and report of any transfers that occur
 pursuant to this section on or before the fifteenth  day  of  the  month
 following the month in which such transfers occur.
   §  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
 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

 S. 7505--B                         57
 
 [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).
   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. Intentionally omitted.
   §  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

 S. 7505--B                         58
 
 following  preliminary  submission  to  the chairs of the senate finance
 committee and the assembly ways and means committee.
   All monies identified by the director of the budget to be deposited to
 the  credit of a fund and/or account shall be consistent with the intent
 of the budget for the then current state fiscal year as enacted  by  the
 legislature.
   The provisions of this subdivision shall expire on March thirty-first,
 two thousand [eighteen] NINETEEN.
   §  25-a. Section 4 of the state finance law is amended by adding a new
 paragraph 12 to read as follows:
   12. NOTWITHSTANDING ANY LAW TO THE CONTRARY, NO  STATE  AGENCY,  OR  A
 STATE  OFFICIAL  OR  EMPLOYEE ACTING IN THEIR OFFICIAL CAPACITY, MAY PAY
 OUT OR OTHERWISE DISBURSE ANY STATE  OR  FEDERAL  FUNDS  WHERE  ANY  LAW
 REQUIRES  AN  ACTUARIALLY  SOUND  METHODOLOGY TO BE APPLIED TO IMPLEMENT
 ACTIONS RELATED TO PAYMENT TO PROVIDERS OF SERVICES IN THE STATE OF  NEW
 YORK,  UNLESS  SUCH METHODOLOGY IS DISCLOSED IN REGULATION IN ACCORDANCE
 WITH THE STATE ADMINISTRATIVE PROCEDURE ACT.
   § 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] NINETEEN.
   § 27. Intentionally omitted.
   § 28. Intentionally omitted.
   § 28-a. Intentionally omitted.
   § 29. Intentionally omitted.
   §  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
 rebated to the federal government pursuant  to  the  provisions  of  the
 internal revenue code of 1986, as amended.

 S. 7505--B                         59
 
   §  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
 million   [one]   EIGHT    hundred    ninety-nine    thousand    dollars
 [$7,741,199,000] $8,082,899,000, only if the present value of the aggre-

 S. 7505--B                         60
 
 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
 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,

 S. 7505--B                         61
 
 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]  $10,331,939,000 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] TWO hundred [eighty-three]
 FIFTY-ONE million SEVEN HUNDRED THOUSAND 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-
 cine,  the  olympic  regional  development  authority,  projects at nano
 Utica, onondaga county revitalization  projects,  Binghamton  university

 S. 7505--B                         62

 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] SEVEN billion [seven]  EIGHT  hundred  [eight]  THIRTY-FIVE
 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-
 profit pounds, shelters and humane societies, arts and cultural  facili-
 ties  improvement  program,  restore  New York's communities initiative,

 S. 7505--B                         63

 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.  Subdivision 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,
 is amended to read as follows:
   3.  The  maximum amount of bonds that may be issued for the purpose of
 financing  environmental  infrastructure  projects  authorized  by  this
 section  shall  be  [four]  FIVE  billion [nine] ONE hundred [fifty-one]
 NINETY-FOUR million [seven] ONE hundred sixty thousand  dollars,  exclu-
 sive  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 other-
 wise 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. Intentionally omitted.
   § 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
 exceed  [$250,000,000]  $263,000,000  TWO  HUNDRED  SIXTY-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

 S. 7505--B                         64
 
 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
 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]  THIRTEEN  billion  [three]  ONE  hundred  [forty-three]
 SEVENTY-THREE  million  THREE  HUNDRED THOUSAND dollars $13,173,300,000;
 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

 S. 7505--B                         65
 
 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
 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

 S. 7505--B                         66
 
 hundred [eighty-one] SIXTY-NINE million [nine] SIX hundred [sixty-eight]
 NINETY-ONE  thousand  dollars $8,369,691,000.   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]  EIGHTY-EIGHT  million  [five]  EIGHT  hundred [ninety] SIXTY-NINE
 thousand dollars $988,869,000. 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
 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

 S. 7505--B                         67

 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
 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

 S. 7505--B                         68
 
 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
 principal amount of bonds authorized  to  be  issued  pursuant  to  this
 section  shall  not  exceed [two] THREE billion [seven hundred] SEVENTY-
 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 previ-
 ously 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

 S. 7505--B                         69
 
 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. Intentionally omitted.
   §  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
 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. Intentionally omitted.

 S. 7505--B                         70
 
   § 52. Intentionally omitted.
   § 53. Intentionally omitted.
   § 54. Intentionally omitted.
   § 55. Intentionally omitted.
   § 56. Intentionally omitted.
   § 57. Intentionally omitted.
   § 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.
   (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

 S. 7505--B                         71
 
 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.
   §  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.

 S. 7505--B                         72
 
   §  63. Subdivisions 13-d and 13-e of section 5 of section 1 of chapter
 359 of the laws of 1968, constituting the facilities development  corpo-
 ration  act,  subdivision  13-d as amended by chapter 166 of the laws of
 1991 and subdivision 13-e as amended by chapter 90 of the laws of  1989,
 is amended to read as follows:
   13-d.  1.  Subject to the terms and conditions of any lease, sublease,
 loan or other financing  agreement  with  the  medical  care  facilities
 finance  agency  in accordance with subdivision 13-c of this section, to
 make loans to voluntary agencies for the purpose of financing  or  refi-
 nancing the design, construction, acquisition, reconstruction, rehabili-
 tation  and  improvement of mental hygiene facilities owned or leased by
 such voluntary agencies provided, however, that  with  respect  to  such
 facilities which are leased by a voluntary agency, the term of repayment
 of  such  loan  shall  not  exceed  the term of such lease including any
 option to renew such lease. Notwithstanding any other provisions of law,
 such loans may be made jointly to one or more voluntary  agencies  which
 own  and  one  or  more  voluntary  agencies which will operate any such
 mental hygiene facility.
   2. SUBJECT TO THE TERMS AND CONDITIONS OF ANY LEASE, SUBLEASE, LOAN OR
 OTHER FINANCING AGREEMENT WITH THE MEDICAL CARE FACILITIES FINANCE AGEN-
 CY, TO MAKE GRANTS TO VOLUNTARY AGENCIES OR PROVIDE PROCEEDS  OF  MENTAL
 HEALTH  SERVICES  FACILITIES  BONDS  OR  NOTES TO THE DEPARTMENT TO MAKE
 GRANTS TO VOLUNTARY AGENCIES OR TO REIMBURSE DISBURSEMENTS  MADE  THERE-
 FOR,  IN  EACH  CASE,  FOR  THE  PURPOSE OF FINANCING OR REFINANCING THE
 DESIGN, CONSTRUCTION, ACQUISITION,  RECONSTRUCTION,  REHABILITATION  AND
 IMPROVEMENT  OF MENTAL HYGIENE FACILITIES OWNED OR LEASED BY SUCH VOLUN-
 TARY AGENCIES.
   13-e. To receive from the comptroller state aid  payments  pledged  or
 agreed  to be paid by any voluntary agency in accordance with any lease,
 sublease, loan, or other financing agreement OR GRANT AGREEMENT  entered
 into  with  such  voluntary agency BY THE CORPORATION OR, IN THE CASE OF
 GRANTS MADE TO VOLUNTARY AGENCIES BY THE DEPARTMENT PURSUANT TO SUBDIVI-
 SION 13-D, BY THE DEPARTMENT.  Such pledges may be made from sources  of
 state  aid including but not limited to payments made pursuant to: arti-
 cles nineteen, twenty-five and forty-one of the mental hygiene law.
   § 64. Paragraph a of subdivision 4 of section 9 of section 1 of  chap-
 ter  359  of  the  laws of 1968, constituting the facilities development
 corporation act, as amended by chapter  90  of  the  laws  of  1989,  is
 amended to read as follows:
   4. Agreements.  a. Upon certification by the director of the budget of
 the  availability  of required appropriation authority, the corporation,
 or any successor agency, is hereby authorized  and  empowered  to  enter
 into  leases,  subleases,  loans and other financing agreements with the
 state housing finance agency and/or the state  medical  care  facilities
 finance  agency, and to enter into such amendments thereof as the direc-
 tors of the corporation, or any successor agency, may deem necessary  or
 desirable,  which  shall provide for (i) the financing or refinancing of
 or the design, construction, acquisition, reconstruction, rehabilitation
 or improvement of one or more mental hygiene facilities or for the refi-
 nancing of any such facilities for  which  bonds  have  previously  been
 issued  and  are  outstanding,  and  the  purchase or acquisition of the
 original furnishings, equipment, machinery and apparatus to be  used  in
 such  facilities  upon  the  completion of work, (ii) the leasing to the
 state housing finance  agency  or  the  state  medical  care  facilities
 finance  agency  of  all  or  any portion of one or more existing mental
 hygiene facilities and one or  more  mental  hygiene  facilities  to  be

 S. 7505--B                         73
 
 designed,   constructed,   acquired,   reconstructed,  rehabilitated  or
 improved, or of real property related to the work to be done,  including
 real  property  originally  acquired  by the appropriate commissioner or
 director  of the department in the name of the state pursuant to article
 seventy-one of the mental hygiene law,  (iii)  the  subleasing  of  such
 facilities  and  property  by the corporation upon completion of design,
 construction, acquisition, reconstruction,  rehabilitation  or  improve-
 ment,  such leases, subleases, loans or other financing agreements to be
 upon such other terms and conditions as may be  agreed  upon,  including
 terms  and conditions relating to length of term, maintenance and repair
 of mental hygiene facilities  during  any  such  term,  and  the  annual
 rentals   to   be  paid  for  the  use  of  such  facilities,  property,
 furnishings, equipment, machinery and apparatus, and  (iv)  the  receipt
 and  disposition,  including  loans  OR GRANTS to voluntary agencies, of
 proceeds of mental health  service  facilities  bonds  or  notes  issued
 pursuant to section nine-a of the New York state medical care facilities
 finance  agency  act. For purposes of the design, construction, acquisi-
 tion, reconstruction, rehabilitation or improvement work required by the
 terms of any such lease, sublease or agreement,  the  corporation  shall
 act  as  agent for the state housing finance agency or the state medical
 care facilities finance agency. In the event that the corporation enters
 into an agreement for the financing of any of the aforementioned facili-
 ties with the state housing finance agency or  the  state  medical  care
 facilities  finance  agency, or in the event that the corporation enters
 into an agreement for the financing or refinancing of any of the  afore-
 mentioned  facilities  with one or more voluntary agencies, it shall act
 on its own behalf and not as  agent.  The  appropriate  commissioner  or
 director of the department on behalf of the department shall approve any
 such  lease,  sublease, loan or other financing agreement and shall be a
 party thereto. All such leases,  subleases,  loans  or  other  financing
 agreements  shall  be  approved prior to execution by no less than three
 directors of the corporation.
   § 65. 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, and twenty-three of this
 act shall expire March 31, 2019 when upon such date  the  provisions  of
 such sections shall be deemed repealed.
 
                                  PART HH
 
                           Intentionally Omitted
 
                                  PART II
 
   Section  1. The social services law is amended by adding a new section
 131-y to read as follows:
   § 131-Y. PLACEMENT OF SEX OFFENDERS. NOTWITHSTANDING ANY  INCONSISTENT
 PROVISION OF LAW, NEITHER THE OFFICE OF TEMPORARY AND DISABILITY ASSIST-
 ANCE,  NOR  A SOCIAL SERVICES OFFICIAL ACTING ON HIS OR HER OWN OR AS AN
 AGENT PURSUANT TO THIS TITLE, SHALL PERMIT OR CAUSE THE PLACEMENT OF ANY
 SEX OFFENDER WHO HAS BEEN ASSIGNED A  LEVEL-TWO  OR  LEVEL-THREE  DESIG-
 NATION  PURSUANT  TO ARTICLE SIX-C OF THE CORRECTION LAW INTO ANY TEMPO-
 RARY EMERGENCY HOUSING OR HOMELESS SHELTERS USED TO HOUSE FAMILIES  WITH
 CHILDREN.

 S. 7505--B                         74
 
   §  2. Subdivision 14 of section 259-c of the executive law, as amended
 by section 38-b of subpart A of part C of chapter  62  of  the  laws  of
 2011, is amended to read as follows:
   14.  [notwithstanding]  NOTWITHSTANDING  any other provision of law to
 the contrary, where a person serving a sentence for an  offense  defined
 in  article  one  hundred thirty, one hundred thirty-five or two hundred
 sixty-three of the penal law or section 255.25, 255.26 or 255.27 of  the
 penal  law  and the victim of such offense was under the age of eighteen
 at the time of such offense or such person has been designated  a  level
 three  sex  offender  pursuant to subdivision six of section one hundred
 sixty-eight-l of the correction law, is released  on  parole  or  condi-
 tionally  released  pursuant  to subdivision one or two of this section,
 the board shall require, as a mandatory condition of such release,  that
 such  sentenced  offender  shall refrain from knowingly entering into or
 upon any school grounds, as that term is defined in subdivision fourteen
 of section 220.00 of the penal law, or any other facility or institution
 primarily used for the care or treatment of persons  under  the  age  of
 eighteen while one or more of such persons under the age of eighteen are
 present[,  provided  however, that].  MOREOVER, WHERE A PERSON SERVING A
 SENTENCE FOR AN OFFENSE DEFINED  IN  ARTICLE  ONE  HUNDRED  THIRTY,  ONE
 HUNDRED  THIRTY-FIVE  OR  TWO  HUNDRED  SIXTY-THREE  OF THE PENAL LAW OR
 SECTION 255.25, 255.26 OR 255.27 OF THE PENAL LAW AND THE VICTIM OF SUCH
 OFFENSE WAS UNDER THE AGE OF THIRTEEN AT THE TIME OF  SUCH  OFFENSE,  IS
 RELEASED ON PAROLE OR CONDITIONALLY RELEASED PURSUANT TO SUBDIVISION ONE
 OR  TWO OF THIS SECTION, THE BOARD SHALL FURTHER REQUIRE, AS A MANDATORY
 CONDITION OF SUCH RELEASE, THAT SUCH SENTENCED  OFFENDER  SHALL  REFRAIN
 FROM  KNOWINGLY  ENTERING  WITHIN  ONE  THOUSAND FEET OF ANY FACILITY OR
 INSTITUTION  WHERE  PRE-KINDERGARTEN  OR  KINDERGARTEN  INSTRUCTION   IS
 PROVIDED.  HOWEVER, when such sentenced offender is a registered student
 or participant or an employee of such facility or institution or  entity
 contracting  therewith  or has a family member enrolled in such facility
 or institution, such sentenced offender may, with the  written  authori-
 zation  of  his  or  her  parole officer and the superintendent or chief
 administrator of such  facility,  institution  or  grounds,  enter  such
 facility,  institution  or  upon  such  grounds for the limited purposes
 authorized by the parole officer and superintendent  or  chief  officer.
 Nothing in this subdivision shall be construed as restricting any lawful
 condition of supervision that may be imposed on such sentenced offender.
   §  3.  Paragraph  (a) of subdivision 4-a of section 65.10 of the penal
 law, as amended by chapter 67 of the laws of 2008, is amended to read as
 follows:
   (a) When imposing a sentence of  probation  or  conditional  discharge
 upon  a  person  convicted  of an offense defined in article one hundred
 thirty, two hundred thirty-five or two hundred sixty-three of this chap-
 ter, or section 255.25, 255.26 or 255.27 of this chapter, and the victim
 of such offense was under the age  of  eighteen  at  the  time  of  such
 offense  or  such  person has been designated a level three sex offender
 pursuant to subdivision six of section [168-l] ONE HUNDRED SIXTY-EIGHT-L
 of the correction law, the court shall require, as a mandatory condition
 of such sentence, that such sentenced offender shall refrain from  know-
 ingly  entering into or upon any school grounds, as that term is defined
 in subdivision fourteen of section 220.00 of this chapter, or any  other
 facility  or  institution  primarily  used  for the care or treatment of
 persons under the age of eighteen while one  or  more  of  such  persons
 under  the  age of eighteen are present[, provided however, that]. MORE-
 OVER, WHERE A PERSON SERVING A SENTENCE FOR AN OFFENSE DEFINED IN  ARTI-

 S. 7505--B                         75
 
 CLE  ONE  HUNDRED  THIRTY, ONE HUNDRED THIRTY-FIVE OR TWO HUNDRED SIXTY-
 THREE OF THIS CHAPTER OR  SECTION  255.25,  255.26  OR  255.27  OF  THIS
 CHAPTER  AND THE VICTIM OF SUCH OFFENSE WAS UNDER THE AGE OF THIRTEEN AT
 THE  TIME  OF  SUCH  OFFENSE,  IS  RELEASED  ON  PAROLE OR CONDITIONALLY
 RELEASED PURSUANT TO SUBDIVISION ONE OR TWO OF THIS SECTION,  THE  STATE
 BOARD  OF PAROLE SHALL FURTHER REQUIRE, AS A MANDATORY CONDITION OF SUCH
 RELEASE, THAT SUCH  SENTENCED  OFFENDER  SHALL  REFRAIN  FROM  KNOWINGLY
 ENTERING  WITHIN  ONE THOUSAND FEET OF ANY FACILITY OR INSTITUTION WHERE
 PRE-KINDERGARTEN OR KINDERGARTEN INSTRUCTION IS PROVIDED. HOWEVER,  when
 such  sentenced  offender  is  a registered student or participant or an
 employee of such facility or institution or entity contracting therewith
 or has a family member enrolled in such facility  or  institution,  such
 sentenced  offender  may,  with  the written authorization of his or her
 probation officer or the court and the superintendent or chief  adminis-
 trator  of  such  facility, institution or grounds, enter such facility,
 institution or upon such grounds for the limited purposes authorized  by
 the  probation officer or the court and superintendent or chief officer.
 Nothing in this subdivision shall be construed as restricting any lawful
 condition of supervision that may be imposed on such sentenced offender.
   § 4. The executive law is amended by adding a  new  section  259-f  to
 read as follows:
   §  259-F.  QUARTERLY  REPORTS OF SCHOOLS. 1. ON A QUARTERLY BASIS, THE
 COMMISSIONER OF EDUCATION SHALL PROVIDE TO THE COMMISSIONER  AN  UPDATED
 LIST OF EVERY ELEMENTARY SCHOOL AND SECONDARY SCHOOL IN THE STATE AND OF
 EVERY OTHER FACILITY OR INSTITUTION WHERE PRE-KINDERGARTEN OR KINDERGAR-
 TEN INSTRUCTION IS PROVIDED.
   2. THE COMMISSIONER SHALL DISTRIBUTE THE INFORMATION RECEIVED PURSUANT
 TO  SUBDIVISION  ONE OF THIS SECTION TO THE BOARD AND TO THE DIRECTOR OF
 PROBATION AND CORRECTIONAL ALTERNATIVES.
   3. ON OR BEFORE FEBRUARY FIRST EACH YEAR, THE COMMISSIONER SHALL NOTI-
 FY THE GOVERNOR, THE TEMPORARY PRESIDENT OF THE SENATE, THE  SPEAKER  OF
 THE ASSEMBLY, THE MINORITY LEADER OF THE SENATE, AND THE MINORITY LEADER
 OF THE ASSEMBLY ON THE COMPLIANCE WITH THIS SECTION.
   §  5.  This act shall take effect on the first of July next succeeding
 the date on which it shall have become a law.
 
                                  PART JJ
 
   Section 1. Paragraph (i) of subdivision 3 of  section  130.05  of  the
 penal law, as added by section 2 of part G of chapter 501 of the laws of
 2012, is amended and a new paragraph (j) is added to read as follows:
   (i)  a  resident  or  inpatient  of  a  residential facility operated,
 licensed or certified by (i) the  office  of  mental  health;  (ii)  the
 office  for  people with developmental disabilities; or (iii) the office
 of alcoholism and substance abuse services, and the actor is an employee
 of the facility not married to such resident or inpatient. For  purposes
 of  this  paragraph,  "employee" means either: an employee of the agency
 operating the residential facility, who knows or reasonably should  know
 that  such  person  is  a resident or inpatient of such facility and who
 provides direct care services,  case  management  services,  medical  or
 other  clinical services, habilitative services or direct supervision of
 the residents in the facility in which the resident resides; or an offi-
 cer or other employee, consultant, contractor or volunteer of the  resi-
 dential facility, who knows or reasonably should know that the person is
 a  resident of such facility and who is in direct contact with residents
 or inpatients; provided, however, that the provisions of this  paragraph

 S. 7505--B                         76
 
 shall  only  apply  to  a  consultant, contractor or volunteer providing
 services pursuant to a contractual arrangement with the agency operating
 the residential facility or, in the  case  of  a  volunteer,  a  written
 agreement  with such facility, provided that the person received written
 notice concerning the provisions of this  paragraph;  provided  further,
 however,  "employee"  shall  not  include  a person with a developmental
 disability who is or was receiving services and is also an employee of a
 service provider and who has sexual contact with another service recipi-
 ent who is a consenting adult who has consented to such contact[.]; OR
   (J) DETAINED OR OTHERWISE IN THE CUSTODY OF A  POLICE  OFFICER,  PEACE
 OFFICER,  OR  OTHER  LAW  ENFORCEMENT OFFICIAL AND THE ACTOR IS A POLICE
 OFFICER, PEACE OFFICER OR OTHER LAW ENFORCEMENT OFFICIAL WHO EITHER: (I)
 IS DETAINING OR MAINTAINING CUSTODY OF SUCH PERSON; OR  (II)  KNOWS,  OR
 REASONABLY SHOULD KNOW, THAT AT THE TIME OF THE OFFENSE, SUCH PERSON WAS
 DETAINED OR IN CUSTODY.
   §  2.  Subdivision 4 of section 130.10 of the penal law, as amended by
 chapter 205 of the laws of 2011, is amended to read as follows:
   4. In any prosecution under this article in which the victim's lack of
 consent is based solely on his or her incapacity to consent  because  he
 or she was less than seventeen years old, mentally disabled, a client or
 patient  and  the actor is a health care provider, DETAINED OR OTHERWISE
 IN CUSTODY OF LAW ENFORCEMENT UNDER THE CIRCUMSTANCES DESCRIBED IN PARA-
 GRAPH (J) OF SUBDIVISION THREE OF SECTION 130.05  OF  THIS  ARTICLE,  or
 committed to the care and custody or supervision of the state department
 of  corrections and community supervision or a hospital and the actor is
 an employee, it shall be a defense that the defendant was married to the
 victim as defined in subdivision four of section 130.00 of this article.
   § 3. This act shall take effect on the thirtieth day  after  it  shall
 have become a law.

                                  PART KK
 
                           Intentionally Omitted
 
                                  PART LL
 
   Section  1.  Paragraph  (b)  of  subdivision  2 of section 1676 of the
 public authorities law is amended by adding a new undesignated paragraph
 to read as follows:
   AN AUTHORIZED AGENCY AS DEFINED BY SUBDIVISION TEN  OF  SECTION  THREE
 HUNDRED  SEVENTY-ONE  OF  THE  SOCIAL SERVICES LAW, OR A LOCAL PROBATION
 DEPARTMENT AS DEFINED BY SECTIONS TWO HUNDRED FIFTY-FIVE AND TWO HUNDRED
 FIFTY-SIX OF THE EXECUTIVE LAW FOR THE PROVISION OF DETENTION FACILITIES
 CERTIFIED BY THE OFFICE OF CHILDREN  AND  FAMILY  SERVICES  OR  BY  SUCH
 OFFICE IN CONJUNCTION WITH THE STATE COMMISSION OF CORRECTION OR FOR THE
 PROVISION  OF  RESIDENTIAL FACILITIES LICENSED BY THE OFFICE OF CHILDREN
 AND FAMILY SERVICES INCLUDING ALL  NECESSARY  AND  USUAL  ATTENDANT  AND
 RELATED FACILITIES AND EQUIPMENT.
   §  2.  Subdivision  1 of section 1680 of the public authorities law is
 amended by adding a new undesignated paragraph to read as follows:
   AN AUTHORIZED AGENCY AS DEFINED BY SUBDIVISION TEN  OF  SECTION  THREE
 HUNDRED  SEVENTY-ONE  OF  THE  SOCIAL SERVICES LAW, OR A LOCAL PROBATION
 DEPARTMENT AS DEFINED BY SECTIONS TWO HUNDRED FIFTY-FIVE AND TWO HUNDRED
 FIFTY-SIX OF THE EXECUTIVE LAW FOR THE PROVISION OF DETENTION FACILITIES
 CERTIFIED BY THE OFFICE OF CHILDREN  AND  FAMILY  SERVICES  OR  BY  SUCH
 OFFICE IN CONJUNCTION WITH THE STATE COMMISSION OF CORRECTION OR FOR THE

 S. 7505--B                         77
 
 PROVISION  OF  RESIDENTIAL FACILITIES LICENSED BY THE OFFICE OF CHILDREN
 AND FAMILY SERVICES INCLUDING ALL  NECESSARY  AND  USUAL  ATTENDANT  AND
 RELATED FACILITIES AND EQUIPMENT.
   §  3.  Subdivision  2 of section 1680 of the public authorities law is
 amended by adding a new paragraph k to read as follows:
   K. (1) FOR PURPOSES OF THIS SECTION, THE  FOLLOWING  PROVISIONS  SHALL
 APPLY TO THE POWERS IN CONNECTION WITH THE PROVISION OF DETENTION FACIL-
 ITIES CERTIFIED BY THE OFFICE OF CHILDREN AND FAMILY SERVICES OR BY SUCH
 OFFICE IN CONJUNCTION WITH THE STATE COMMISSION OF CORRECTION OR FOR THE
 PROVISION  OF  RESIDENTIAL FACILITIES LICENSED BY THE OFFICE OF CHILDREN
 AND FAMILY SERVICES INCLUDING ALL  NECESSARY  AND  USUAL  ATTENDANT  AND
 RELATED FACILITIES AND EQUIPMENT.
   (2)  NOTWITHSTANDING  ANY OTHER PROVISION OF LAW, ANY ENTITY AS LISTED
 ABOVE SHALL HAVE FULL POWER AND AUTHORITY TO ENTER INTO SUCH  AGREEMENTS
 WITH  THE  DORMITORY  AUTHORITY  AS  ARE  NECESSARY  TO  FINANCE  AND/OR
 CONSTRUCT DETENTION OR RESIDENTIAL FACILITIES DESCRIBED ABOVE, INCLUDING
 WITHOUT LIMITATION, THE PROVISION OF FEES AND AMOUNTS NECESSARY  TO  PAY
 DEBT  SERVICE  ON  ANY OBLIGATIONS ISSUED BY THE DORMITORY AUTHORITY FOR
 SAME, AND TO ASSIGN AND PLEDGE TO THE DORMITORY AUTHORITY, ANY  AND  ALL
 PUBLIC  FUNDS  TO BE APPORTIONED OR OTHERWISE MADE PAYABLE BY THE UNITED
 STATES, ANY AGENCY THEREOF, THE STATE, ANY AGENCY THEREOF,  A  POLITICAL
 SUBDIVISION,  AS DEFINED IN SECTION ONE HUNDRED OF THE GENERAL MUNICIPAL
 LAW, ANY SOCIAL SERVICES DISTRICT IN THE STATE OR ANY OTHER GOVERNMENTAL
 ENTITY IN AN AMOUNT SUFFICIENT TO MAKE ALL PAYMENTS REQUIRED TO BE  MADE
 BY  ANY  SUCH  ENTITY AS LISTED ABOVE PURSUANT TO ANY LEASE, SUBLEASE OR
 OTHER AGREEMENT ENTERED INTO BETWEEN ANY SUCH ENTITY AS LISTED ABOVE AND
 THE DORMITORY AUTHORITY. ALL STATE AND LOCAL OFFICERS ARE HEREBY AUTHOR-
 IZED AND REQUIRED TO PAY ALL SUCH FUNDS SO ASSIGNED AND PLEDGED  TO  THE
 DORMITORY  AUTHORITY  OR, UPON THE DIRECTION OF THE DORMITORY AUTHORITY,
 TO ANY TRUSTEE OF ANY DORMITORY AUTHORITY BOND OR NOTE ISSUED,  PURSUANT
 TO  A  CERTIFICATE  FILED  WITH  ANY  SUCH STATE OR LOCAL OFFICER BY THE
 DORMITORY AUTHORITY PURSUANT TO THE PROVISIONS OF THIS SECTION.
   § 4. This act shall take effect immediately.
 
                                  PART MM
 
   Section 1. The undesignated paragraph of paragraph (b) of  subdivision
 2 of section 1676 of the public authorities law, as added by chapter 260
 of the laws of 2000, is amended to read as follows:
   UCPA  of  the  Capital  District,  Inc.,  UCPA of Cayuga County, Inc.,
 United Cerebral Palsy and Handicapped Children's Association of  Chemung
 County,  Inc., Finger Lakes United Cerebral Palsy, Inc., United Cerebral
 Palsy Associations of Fulton and Montgomery Counties, Inc., United Cere-
 bral Palsy Association  of  the  Tri-Counties,  Inc.,  Franziska  Racker
 Centers, Inc., United Cerebral Palsy Association of Nassau County, Inc.,
 United  Cerebral  Palsy  of  New  York City, Inc., United Cerebral Palsy
 Association of Niagara County, Inc., Orange County Cerebral Palsy  Asso-
 ciation,  Inc.,  United  Cerebral Palsy of Queens, Inc., United Cerebral
 Palsy Association of the Rochester Area, Inc., Jawonio, Inc., The  Hand-
 icapped  Children's Association of Southern New York, Inc., United Cere-
 bral Palsy Association of Greater Suffolk, Inc., SDTC - The  Center  for
 Discovery,  Inc., United Cerebral Palsy and Handicapped Children's Asso-
 ciation of Syracuse, Inc., United Cerebral Palsy of Ulster County  Inc.,
 United  Cerebral Palsy and Handicapped Person's Association of the Utica
 Area, Inc., United Cerebral Palsy Association of Westchester,  Inc.  and
 Unified  Creative  Programs,  Inc., United Cerebral Palsy Association of

 S. 7505--B                         78
 
 Western New York, Inc., United Cerebral Palsy Association of Putnam  and
 Southern  Dutchess  Counties, Inc., United Cerebral Palsy Association of
 the North Country, Inc., United Cerebral Palsy Associations of New  York
 State,  Inc.,  CEREBRAL  PALSY ASSOCIATIONS OF NEW YORK STATE AND ANY OF
 ITS NOT-FOR-PROFIT MEMBERS, and any successor in interest  to  any  such
 organization  for  the  financing and/or refinancing of the acquisition,
 construction,  reconstruction,  renovation,  development,   improvement,
 expansion  and/or  equipping  of  a facility or facilities and necessary
 ancillary and related facilities  throughout  the  state  of  New  York,
 including  educational,  residential,  administrative, clinical, and day
 programming facilities used in the provision of services to  individuals
 with disabilities.
   §  2.  The  undesignated paragraph of subdivision 1 of section 1680 of
 the public authorities law, as added by chapter 260 of the laws of 2000,
 is amended to read as follows:
   UCPA of the Capital District,  Inc.,  UCPA  of  Cayuga  County,  Inc.,
 United  Cerebral Palsy and Handicapped Children's Association of Chemung
 County, Inc., Finger Lakes United Cerebral Palsy, Inc., United  Cerebral
 Palsy Associations of Fulton and Montgomery Counties, Inc., United Cere-
 bral  Palsy  Association  of  the  Tri-Counties,  Inc., Franziska Racker
 Centers, Inc., United Cerebral Palsy Association of Nassau County, Inc.,
 United Cerebral Palsy of New York  City,  Inc.,  United  Cerebral  Palsy
 Association  of Niagara County, Inc., Orange County Cerebral Palsy Asso-
 ciation, Inc., United Cerebral Palsy of Queens,  Inc.,  United  Cerebral
 Palsy  Association of the Rochester Area, Inc., Jawonio, Inc., The Hand-
 icapped Children's Association of Southern New York, Inc., United  Cere-
 bral  Palsy  Association of Greater Suffolk, Inc., SDTC - The Center for
 Discovery, Inc., United Cerebral Palsy and Handicapped Children's  Asso-
 ciation  of Syracuse, Inc., United Cerebral Palsy of Ulster County Inc.,
 United Cerebral Palsy and Handicapped Person's Association of the  Utica
 Area,  Inc.,  United Cerebral Palsy Association of Westchester, Inc. and
 Unified Creative Programs, Inc., United Cerebral  Palsy  Association  of
 Western  New York, Inc., United Cerebral Palsy Association of Putnam and
 Southern Dutchess Counties, Inc., United Cerebral Palsy  Association  of
 the  North Country, Inc., United Cerebral Palsy Associations of New York
 State, Inc., CEREBRAL PALSY ASSOCIATIONS OF NEW YORK STATE  AND  ANY  OF
 ITS  NOT-FOR-PROFIT  MEMBERS,  and any successor in interest to any such
 organization for the financing and/or refinancing  of  the  acquisition,
 construction,   reconstruction,  renovation,  development,  improvement,
 expansion and/or equipping of a facility  or  facilities  and  necessary
 ancillary  and  related  facilities  throughout  the  state of New York,
 including educational, residential, administrative,  clinical,  and  day
 programming  facilities used in the provision of services to individuals
 with disabilities.
   § 3. Subdivision 37 of section 1680 of the public authorities law,  as
 added by chapter 260 of the laws of 2000, is amended to read as follows:
   37. For purposes of this section, the following provisions shall apply
 to powers in connection with the provision of facilities for UCPA of the
 Capital  District,  Inc.,  UCPA  of Cayuga County, Inc., United Cerebral
 Palsy and Handicapped Children's Association of  Chemung  County,  Inc.,
 Finger  Lakes United Cerebral Palsy, Inc., United Cerebral Palsy Associ-
 ations of Fulton and Montgomery Counties, Inc.,  United  Cerebral  Palsy
 Association  of  the Tri-Counties, Inc., Franziska Racker Centers, Inc.,
 United Cerebral Palsy Association of Nassau County, Inc.,  United  Cere-
 bral  Palsy of New York City, Inc., United Cerebral Palsy Association of
 Niagara County, Inc., Orange County Cerebral  Palsy  Association,  Inc.,

 S. 7505--B                         79
 
 United Cerebral Palsy of Queens, Inc., United Cerebral Palsy Association
 of  the  Rochester Area, Inc., Jawonio, Inc., The Handicapped Children's
 Association of Southern New York, Inc., United  Cerebral  Palsy  Associ-
 ation  of  Greater Suffolk, Inc., SDTC - The Center for Discovery, Inc.,
 United Cerebral Palsy and Handicapped Children's  Association  of  Syra-
 cuse, Inc., United Cerebral Palsy of Ulster County Inc., United Cerebral
 Palsy  and  Handicapped  Person's  Association  of the Utica Area, Inc.,
 United Cerebral Palsy Association of Westchester, Inc. and Unified Crea-
 tive Programs, Inc., United Cerebral Palsy Association  of  Western  New
 York,  Inc.,  United  Cerebral  Palsy Association of Putnam and Southern
 Dutchess Counties, Inc., United Cerebral Palsy Association of the  North
 Country,  Inc.,  United  Cerebral  Palsy Associations of New York State,
 Inc., CEREBRAL PALSY ASSOCIATIONS OF NEW YORK STATE AND ANY OF ITS  NOT-
 FOR-PROFIT  MEMBERS, and any successor in interest to any such organiza-
 tion, by the authority pursuant to this title.
   Notwithstanding any other  provision  of  law,  UCPA  of  the  Capital
 District,  Inc.,  UCPA of Cayuga County, Inc., United Cerebral Palsy and
 Handicapped Children's Association of Chemung County, Inc., Finger Lakes
 United Cerebral Palsy,  Inc.,  United  Cerebral  Palsy  Associations  of
 Fulton  and Montgomery Counties, Inc., United Cerebral Palsy Association
 of the Tri-Counties, Inc., Franziska Racker Centers, Inc., United  Cere-
 bral  Palsy Association of Nassau County, Inc., United Cerebral Palsy of
 New York City, Inc., United Cerebral Palsy Association of Niagara  Coun-
 ty,  Inc.,  Orange County Cerebral Palsy Association, Inc., United Cere-
 bral Palsy of Queens, Inc., United Cerebral  Palsy  Association  of  the
 Rochester  Area, Inc., Jawonio, Inc., The Handicapped Children's Associ-
 ation of Southern New York, Inc., United Cerebral Palsy  Association  of
 Greater  Suffolk,  Inc.,  SDTC  - The Center for Discovery, Inc., United
 Cerebral Palsy and Handicapped Children's Association of Syracuse, Inc.,
 United Cerebral Palsy of Ulster County Inc., United Cerebral  Palsy  and
 Handicapped  Person's  Association of the Utica Area, Inc., United Cere-
 bral  Palsy  Association  of  Westchester,  Inc.  and  Unified  Creative
 Programs,  Inc.,  United Cerebral Palsy Association of Western New York,
 Inc., United Cerebral Palsy Association of Putnam and Southern  Dutchess
 Counties,  Inc., United Cerebral Palsy Association of the North Country,
 Inc., United Cerebral Palsy Associations of New York State, Inc.,  CERE-
 BRAL  PALSY ASSOCIATIONS OF NEW YORK STATE AND ANY OF ITS NOT-FOR-PROFIT
 MEMBERS, and any successor in interest to any  such  organization  shall
 have  the full power and authority to assign and pledge to the dormitory
 authority any and all public funds to be  appropriated,  apportioned  or
 otherwise  made  payable  by the federal government, any agency thereof,
 the state government, any agency thereof,  a  political  subdivision  as
 defined  in section one hundred of the general municipal law, any social
 service district in the state of New York or by any  other  governmental
 entity  in an amount sufficient to make all payments required to be made
 by such entity pursuant to any necessary or  useful  agreements  entered
 into  between  such  entity  and  the dormitory authority. All state and
 local officials are hereby authorized and required to pay all such funds
 so assigned and pledged to the dormitory authority or, upon  the  direc-
 tion of the dormitory authority, to any trustee of any dormitory author-
 ity  bond  or note issued pursuant to a certificate filed with any state
 or local officer by the dormitory authority pursuant to  the  provisions
 of this subdivision.
   § 4. This act shall take effect immediately.
 
                                  PART NN

 S. 7505--B                         80
 
   Section 1. The retirement and social security law is amended by adding
 a new section 363-ee to read as follows:
   §  363-EE.  ACCIDENTAL  DISABILITY  RETIREMENT  ALLOWANCE  FOR CERTAIN
 MEMBERS OR OFFICERS OF THE DIVISION OF LAW ENFORCEMENT IN THE DEPARTMENT
 OF ENVIRONMENTAL  CONSERVATION,  FOREST  RANGERS,  REGIONAL  STATE  PARK
 POLICE  OFFICERS,  AND UNIVERSITY POLICE OFFICERS. A. A MEMBER MAY ELECT
 TO RECEIVE AN ACCIDENTAL DISABILITY  RETIREMENT  ALLOWANCE  AS  PROVIDED
 UNDER  THIS SECTION IN LIEU OF THE BENEFITS PROVIDED UNDER SECTION THREE
 HUNDRED SIXTY-THREE-E OF THIS TITLE IF, AT THE TIME APPLICATION THEREFOR
 IS FILED, HE OR SHE IS:
   1. PHYSICALLY OR MENTALLY INCAPACITATED FOR PERFORMANCE OF DUTY AS THE
 NATURAL AND PROXIMATE RESULT OF AN ACCIDENT NOT CAUSED BY HIS OR HER OWN
 WILLFUL NEGLIGENCE SUSTAINED IN SUCH SERVICE AND WHILE ACTUALLY  A  NON-
 SEASONALLY  APPOINTED  MEMBER  OF THE DIVISION OF LAW ENFORCEMENT IN THE
 DEPARTMENT OF  ENVIRONMENTAL  CONSERVATION,  A  POLICE  OFFICER  IN  THE
 DEPARTMENT  OF  ENVIRONMENTAL  CONSERVATION,  AN OFFICER IN THE REGIONAL
 STATE PARK POLICE, A FOREST RANGER IN THE SERVICE OF THE  DEPARTMENT  OF
 ENVIRONMENTAL  CONSERVATION  WHICH  SHALL  MEAN A PERSON WHO SERVES ON A
 FULL-TIME BASIS IN THE TITLE OF  FOREST  RANGER  I,  FOREST  RANGER  II,
 FOREST  RANGER  III,  ASSISTANT  SUPERINTENDENT  OF FOREST FIRE CONTROL,
 SUPERINTENDENT OF FOREST FIRE CONTROL OR ANY  SUCCESSOR  TITLES  OR  NEW
 TITLES  IN  THE FOREST RANGER TITLE SERIES IN THE DEPARTMENT OF ENVIRON-
 MENTAL CONSERVATION, OR A UNIVERSITY POLICE OFFICER  APPOINTED  PURSUANT
 TO PARAGRAPH L OF SUBDIVISION TWO OF SECTION THREE HUNDRED FIFTY-FIVE OF
 THE EDUCATION LAW, AND
   2.  ACTUALLY  IN  SERVICE  UPON  WHICH HIS OR HER MEMBERSHIP IS BASED.
 HOWEVER, IN A CASE WHERE A MEMBER IS DISCONTINUED  FROM  SERVICE  SUBSE-
 QUENT TO THE ACCIDENT, EITHER VOLUNTARILY OR INVOLUNTARILY, AND PROVIDED
 THAT THE MEMBER MEETS THE REQUIREMENTS OF PARAGRAPH ONE OF THIS SUBDIVI-
 SION,  APPLICATION  MAY BE MADE, EITHER (A) BY A VESTED MEMBER INCAPACI-
 TATED AS THE RESULT OF A QUALIFYING  WORLD  TRADE  CENTER  CONDITION  AS
 DEFINED  IN  SECTION  TWO  OF THIS CHAPTER AT ANY TIME, OR (B) NOT LATER
 THAN TWO YEARS AFTER THE MEMBER IS FIRST DISCONTINUED FROM SERVICE.
   B. APPLICATION FOR AN ACCIDENTAL DISABILITY RETIREMENT  ALLOWANCE  FOR
 SUCH A MEMBER MAY BE MADE BY:
   1. SUCH MEMBER, OR
   2.  THE HEAD OF THE DEPARTMENT WHERE SUCH MEMBER IS EMPLOYED OR HIS OR
 HER DESIGNEE, OR
   3. A PERSON ACTING ON BEHALF OF AND AUTHORIZED BY SUCH MEMBER.
   C. (A) AFTER THE FILING OF SUCH AN APPLICATION SUCH  MEMBER  SHALL  BE
 GIVEN  ONE  OR  MORE  MEDICAL EXAMINATIONS. NO SUCH APPLICATION SHALL BE
 APPROVED, HOWEVER, UNLESS THE MEMBER OR SOME OTHER PERSON ON HIS OR  HER
 BEHALF  SHALL HAVE FILED WRITTEN NOTICE IN THE OFFICE OF THE COMPTROLLER
 WITHIN NINETY DAYS AFTER THE ACCIDENT, SETTING FORTH:
   1. THE TIME WHEN AND THE PLACE WHERE SUCH ACCIDENT OCCURRED;
   2. THE PARTICULARS THEREOF;
   3. THE NATURE AND EXTENT OF THE MEMBER'S INJURIES; AND
   4. HIS OR HER ALLEGED INCAPACITY.
   (B) THE NOTICE HEREIN REQUIRED NEED NOT BE GIVEN:
   1. IF NOTICE OF SUCH ACCIDENT SHALL BE FILED IN  ACCORDANCE  WITH  THE
 PROVISIONS  OF THE WORKERS' COMPENSATION LAW OF ANY STATE WITHIN WHICH A
 PARTICIPATING EMPLOYER SHALL HAVE ITS EMPLOYEES  LOCATED  OR  PERFORMING
 FUNCTIONS AND DUTIES WITHIN THE NORMAL SCOPE OF THEIR EMPLOYMENT, OR
   2.  IF  THE  APPLICATION FOR ACCIDENTAL DISABILITY RETIREMENT IS FILED
 WITHIN ONE YEAR AFTER THE DATE OF SUCH ACCIDENT, OR

 S. 7505--B                         81
 
   3. IF A FAILURE TO FILE NOTICE HAS BEEN EXCUSED FOR GOOD  CAUSE  SHOWN
 AS PROVIDED BY RULES AND REGULATIONS PROMULGATED BY THE COMPTROLLER.
   D.  IF  THE  COMPTROLLER  DETERMINES  THAT THE MEMBER IS PHYSICALLY OR
 MENTALLY INCAPACITATED FOR THE PERFORMANCE  OF  DUTY  AND  OUGHT  TO  BE
 RETIRED FOR ACCIDENTAL DISABILITY, SUCH MEMBER SHALL BE SO RETIRED. SUCH
 RETIREMENT SHALL BE EFFECTIVE AS OF A DATE APPROVED BY THE COMPTROLLER.
   E.  NOTWITHSTANDING  ANY OTHER PROVISION OF LAW, THE RETIREMENT ALLOW-
 ANCE PAYABLE UPON ACCIDENTAL DISABILITY RETIREMENT SHALL CONSIST OF:
   1. AN ANNUITY WHICH SHALL BE THE ACTUARIAL EQUIVALENT OF THE  MEMBER'S
 ACCUMULATED CONTRIBUTIONS, PLUS
   2. A PENSION WHICH IS THE ACTUARIAL EQUIVALENT OF THE RESERVED-FOR-IN-
 CREASED-TAKE-HOME-PAY TO WHICH HE OR SHE MAY BE ENTITLED, IF ANY, PLUS
   3. A PENSION OF THREE-QUARTERS OF HIS OR HER FINAL AVERAGE SALARY. THE
 PAYMENT  OF  SUCH  PENSION SHALL BE SUBJECT TO THE PROVISIONS OF SECTION
 THREE HUNDRED SIXTY-FOUR OF THIS ARTICLE.
   F. IF THE MEMBER, AT THE TIME OF THE FILING OF  AN  APPLICATION  UNDER
 THE  PROVISIONS  OF  SUBDIVISION  B  OF  THIS SECTION, IS ELIGIBLE FOR A
 SERVICE RETIREMENT BENEFIT, THEN AND IN THAT EVENT, HE OR SHE MAY SIMUL-
 TANEOUSLY FILE AN APPLICATION FOR SERVICE RETIREMENT IN ACCORDANCE  WITH
 THE  PROVISIONS  OF  SECTION  SEVENTY OF THIS CHAPTER, PROVIDED THAT THE
 MEMBER INDICATES ON THE APPLICATION FOR  SERVICE  RETIREMENT  THAT  SUCH
 APPLICATION IS FILED WITHOUT PREJUDICE TO THE APPLICATION FOR ACCIDENTAL
 DISABILITY RETIREMENT.
   G.  FOR  PURPOSES  OF THIS SECTION, THE TERM "ACCIDENT" SHALL HAVE THE
 SAME MEANING AND BE INTERPRETED IN THE  SAME  MANNER  AS  SUCH  TERM  IS
 DEFINED  AND INTERPRETED TO MEAN IN SECTION THREE HUNDRED SIXTY-THREE OF
 THIS TITLE.
   H. 1. (A) NOTWITHSTANDING ANY PROVISIONS OF THIS  CHAPTER  OR  OF  ANY
 GENERAL,  SPECIAL  OR LOCAL LAW, CHARTER, ADMINISTRATIVE CODE OR RULE OR
 REGULATION TO THE CONTRARY, IF ANY CONDITION OR IMPAIRMENT OF HEALTH  IS
 CAUSED  BY  A  QUALIFYING  WORLD  TRADE  CENTER  CONDITION AS DEFINED IN
 SECTION TWO OF THIS CHAPTER, IT SHALL BE PRESUMPTIVE  EVIDENCE  THAT  IT
 WAS  INCURRED  IN  THE PERFORMANCE AND DISCHARGE OF DUTY AND THE NATURAL
 AND PROXIMATE RESULT OF AN ACCIDENT NOT  CAUSED  BY  SUCH  MEMBER'S  OWN
 WILLFUL NEGLIGENCE, UNLESS THE CONTRARY BE PROVED BY COMPETENT EVIDENCE.
   (B) THE COMPTROLLER IS HEREBY AUTHORIZED TO PROMULGATE RULES AND REGU-
 LATIONS TO IMPLEMENT THE PROVISIONS OF THIS PARAGRAPH.
   2. (A) NOTWITHSTANDING THE PROVISIONS OF THIS CHAPTER OR OF ANY GENER-
 AL,  SPECIAL OR LOCAL LAW, CHARTER, ADMINISTRATIVE CODE OR RULE OR REGU-
 LATION TO THE CONTRARY, IF A MEMBER  WHO  PARTICIPATED  IN  WORLD  TRADE
 CENTER RESCUE, RECOVERY OR CLEANUP OPERATIONS, AS DEFINED IN SECTION TWO
 OF  THIS  CHAPTER,  AND SUBSEQUENTLY RETIRED ON A SERVICE RETIREMENT, AN
 ORDINARY DISABILITY RETIREMENT  OR  A  PERFORMANCE  OF  DUTY  DISABILITY
 RETIREMENT  AND SUBSEQUENT TO SUCH RETIREMENT IS DETERMINED BY THE COMP-
 TROLLER TO HAVE A QUALIFYING WORLD TRADE CENTER CONDITION, AS DEFINED IN
 SECTION TWO OF THIS CHAPTER, UPON SUCH DETERMINATION BY THE  COMPTROLLER
 IT  SHALL  BE PRESUMED THAT SUCH DISABILITY WAS INCURRED IN THE PERFORM-
 ANCE AND DISCHARGE OF DUTY AS THE NATURAL AND  PROXIMATE  RESULT  OF  AN
 ACCIDENT  NOT  CAUSED  BY SUCH MEMBER'S OWN WILLFUL NEGLIGENCE, AND THAT
 THE MEMBER WOULD HAVE BEEN PHYSICALLY OR MENTALLY INCAPACITATED FOR  THE
 PERFORMANCE  AND  DISCHARGE OF DUTY OF THE POSITION FROM WHICH HE OR SHE
 RETIRED HAD THE CONDITION BEEN KNOWN AND FULLY DEVELOPED AT THE TIME  OF
 THE  MEMBER'S  RETIREMENT,  UNLESS  THE  CONTRARY IS PROVEN BY COMPETENT
 EVIDENCE.

 S. 7505--B                         82
 
   (B) THE COMPTROLLER SHALL CONSIDER A RECLASSIFICATION OF THE  MEMBER'S
 RETIREMENT  AS  AN  ACCIDENTAL DISABILITY RETIREMENT EFFECTIVE AS OF THE
 DATE OF SUCH RECLASSIFICATION.
   (C)  SUCH  MEMBER'S RETIREMENT OPTION SHALL NOT BE CHANGED AS A RESULT
 OF SUCH RECLASSIFICATION.
   (D) THE MEMBER'S FORMER EMPLOYER AT THE TIME OF THE  MEMBER'S  RETIRE-
 MENT  SHALL  HAVE AN OPPORTUNITY TO BE HEARD ON THE MEMBER'S APPLICATION
 FOR RECLASSIFICATION BY THE COMPTROLLER ACCORDING TO  PROCEDURES  DEVEL-
 OPED BY THE COMPTROLLER.
   (E) THE COMPTROLLER IS HEREBY AUTHORIZED TO PROMULGATE RULES AND REGU-
 LATIONS TO IMPLEMENT THE PROVISIONS OF THIS PARAGRAPH.
   I.  NOTWITHSTANDING  ANY  OTHER  PROVISION  OF  THIS CHAPTER OR OF ANY
 GENERAL, SPECIAL OR LOCAL LAW, CHARTER, ADMINISTRATIVE CODE OR  RULE  OR
 REGULATION  TO  THE CONTRARY, IF A RETIREE WHO: (1) HAS MET THE CRITERIA
 OF SUBDIVISION H OF THIS SECTION AND RETIRED ON A SERVICE OR  DISABILITY
 RETIREMENT,  OR WOULD HAVE MET THE CRITERIA IF NOT ALREADY RETIRED ON AN
 ACCIDENTAL DISABILITY; AND (2) HAS NOT BEEN RETIRED FOR MORE THAN  TWEN-
 TY-FIVE  YEARS; AND (3) DIES FROM A QUALIFYING WORLD TRADE CENTER CONDI-
 TION, AS DEFINED IN SECTION TWO OF THIS CHAPTER, AS  DETERMINED  BY  THE
 APPLICABLE  HEAD  OF  THE RETIREMENT SYSTEM OR APPLICABLE MEDICAL BOARD,
 THEN UNLESS THE CONTRARY BE PROVEN BY COMPETENT EVIDENCE,  SUCH  RETIREE
 SHALL  BE  DEEMED  TO  HAVE DIED AS A NATURAL AND PROXIMATE RESULT OF AN
 ACCIDENT SUSTAINED IN THE PERFORMANCE OF DUTY AND NOT  AS  A  RESULT  OF
 WILLFUL NEGLIGENCE ON HIS OR HER PART. SUCH RETIREE'S ELIGIBLE BENEFICI-
 ARY,  AS  SET  FORTH  IN  SECTION THREE HUNDRED SIXTY-ONE OF THIS TITLE,
 SHALL BE ENTITLED TO AN ACCIDENTAL DEATH BENEFIT AS PROVIDED BY  SECTION
 THREE  HUNDRED  SIXTY-ONE  OF  THIS  TITLE, HOWEVER, FOR THE PURPOSES OF
 DETERMINING THE SALARY BASE UPON WHICH THE ACCIDENTAL DEATH  BENEFIT  IS
 CALCULATED,  THE RETIREE SHALL BE DEEMED TO HAVE DIED ON THE DATE OF HIS
 OR HER RETIREMENT. UPON THE RETIREE'S DEATH,  THE  ELIGIBLE  BENEFICIARY
 SHALL  MAKE  A  WRITTEN APPLICATION TO THE HEAD OF THE RETIREMENT SYSTEM
 WITHIN THE TIME FOR FILING AN APPLICATION FOR AN ACCIDENTAL DEATH  BENE-
 FIT  AS  SET  FORTH  IN  SECTION  THREE  HUNDRED SIXTY-ONE OF THIS TITLE
 REQUESTING CONVERSION OF SUCH RETIREE'S SERVICE OR DISABILITY RETIREMENT
 BENEFIT TO AN ACCIDENTAL DEATH BENEFIT. AT THE TIME OF SUCH  CONVERSION,
 THE  ELIGIBLE BENEFICIARY SHALL RELINQUISH ALL RIGHTS TO THE PROSPECTIVE
 BENEFITS PAYABLE UNDER THE SERVICE  OR  DISABILITY  RETIREMENT  BENEFIT,
 INCLUDING ANY POST-RETIREMENT DEATH BENEFITS, SINCE THE RETIREE'S DEATH.
 IF  THE  ELIGIBLE  BENEFICIARY  IS NOT THE ONLY BENEFICIARY RECEIVING OR
 ENTITLED TO RECEIVE A BENEFIT UNDER THE SERVICE OR DISABILITY RETIREMENT
 BENEFIT (INCLUDING, BUT NOT LIMITED TO, POST-RETIREMENT  DEATH  BENEFITS
 OR BENEFITS PAID OR PAYABLE PURSUANT TO THE RETIREE'S OPTION SELECTION),
 THE  ACCIDENTAL  DEATH BENEFIT PAYMENTS TO THE ELIGIBLE BENEFICIARY WILL
 BE REDUCED BY ANY AMOUNTS PAID OR PAYABLE TO ANY OTHER BENEFICIARY.
   J. NOTWITHSTANDING ANY OTHER PROVISION  OF  THIS  CHAPTER  OR  OF  ANY
 GENERAL,  SPECIAL  OR LOCAL LAW, CHARTER, ADMINISTRATIVE CODE OR RULE OR
 REGULATION TO THE CONTRARY, IF A MEMBER WHO: (1) HAS MET THE CRITERIA OF
 SUBDIVISION H OF THIS SECTION; AND (2) DIES IN  ACTIVE  SERVICE  FROM  A
 QUALIFYING  WORLD  TRADE  CENTER CONDITION, AS DEFINED IN SECTION TWO OF
 THIS CHAPTER, AS DETERMINED BY THE APPLICABLE  HEAD  OF  THE  RETIREMENT
 SYSTEM  OR APPLICABLE MEDICAL BOARD TO HAVE BEEN CAUSED BY SUCH MEMBER'S
 PARTICIPATION IN THE WORLD TRADE  CENTER  RESCUE,  RECOVERY  OR  CLEANUP
 OPERATIONS,  AS  DEFINED IN SECTION TWO OF THIS CHAPTER, THEN UNLESS THE
 CONTRARY BE PROVEN BY COMPETENT EVIDENCE, SUCH MEMBER SHALL BE DEEMED TO
 HAVE DIED AS A NATURAL AND PROXIMATE RESULT OF AN ACCIDENT SUSTAINED  IN
 THE PERFORMANCE OF DUTY AND NOT AS A RESULT OF WILLFUL NEGLIGENCE ON HIS

 S. 7505--B                         83
 
 OR HER PART. SUCH MEMBER'S ELIGIBLE BENEFICIARY, AS SET FORTH IN SECTION
 THREE  HUNDRED  SIXTY-ONE  OF  THIS TITLE, SHALL BE ENTITLED TO AN ACCI-
 DENTAL DEATH BENEFIT PROVIDED HE OR SHE MAKES WRITTEN APPLICATION TO THE
 HEAD  OF THE RETIREMENT SYSTEM WITHIN THE TIME FOR FILING AN APPLICATION
 FOR AN ACCIDENTAL DEATH BENEFIT AS SET FORTH IN  SECTION  THREE  HUNDRED
 SIXTY-ONE OF THIS TITLE.
   §  2.  The  section  heading and subdivision a of section 363-e of the
 retirement and social security law, as added by chapter 208 of the  laws
 of 1997, are amended to read as follows:
   Disability  retirement  allowance  for  members of the division of law
 enforcement in the  department  of  environmental  conservation,  POLICE
 OFFICERS   IN  THE  DEPARTMENT  OF  ENVIRONMENTAL  CONSERVATION,  FOREST
 RANGERS, UNIVERSITY POLICE OFFICERS and the regional state park police.
   a. Every non-seasonally appointed sworn member or officer of the divi-
 sion of law enforcement in the department of environmental  conservation
 and  the regional state park police, EVERY POLICE OFFICER IN THE DEPART-
 MENT OF  ENVIRONMENTAL  CONSERVATION,  EVERY  FOREST  RANGER  AND  EVERY
 UNIVERSITY  POLICE OFFICER APPOINTED PURSUANT TO PARAGRAPH L OF SUBDIVI-
 SION TWO OF SECTION THREE HUNDRED FIFTY-FIVE OF THE  EDUCATION  LAW  who
 becomes physically or mentally incapacitated for the performance of duty
 shall  be  covered  by  the  provisions  of  this section in lieu of the
 provisions of section three hundred sixty-two or  three  hundred  sixty-
 three of this [article] TITLE; except, however, any such member or offi-
 cer  who last entered or reentered service in the department of environ-
 mental conservation or state park police, as the case may be,  prior  to
 September  first,  nineteen  hundred  ninety-seven, shall be entitled to
 apply for disability retirement pursuant to such sections and to receive
 the benefit so payable in lieu of the benefit payable pursuant  to  this
 section.  THE  BENEFITS  PROVIDED  BY THIS SECTION FOR UNIVERSITY POLICE
 OFFICERS SHALL BE IN LIEU OF SECTION THREE HUNDRED SIXTY-THREE  OF  THIS
 ARTICLE.
   § 3. This act shall take effect immediately.
   FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
   This  bill  would  grant  improved  accidental and performance of duty
 disability pensions to certain members or officers of  the  division  of
 law  enforcement  in  the  department of environmental conservation, and
 regional state park police. The benefit  for  an  accidental  disability
 would  be  75%  of final average salary minus worker's compensation. The
 benefit for a performance of duty disability benefit  would  be  50%  of
 final average salary.
   If this bill is enacted, the estimated increase in the annual contrib-
 utions  of  the  state  of New York for the fiscal year ending March 31,
 2019 would be approximately $350,000.
   In addition to the annual contributions discussed above, there will be
 an immediate past service cost of $2.17 million which will be  borne  by
 the  state  of New York as a one-time payment. This estimate is based on
 the assumption that payment will be made on March 1, 2019.
   These estimated costs are based on 570 members having an annual salary
 for the fiscal year ending March 31, 2017 of approximately $48 million.
   Summary of relevant resources:
   The membership data used in  measuring  the  impact  of  the  proposed
 change  was  the same as that used in the March 31, 2017 actuarial valu-
 ation.  Distributions and other statistics can  be  found  in  the  2017
 Report of the Actuary and 2017 Comprehensive Annual Financial Report.
   The  actuarial assumptions and methods used are described in the 2015,
 2016, and 2017 Annual Report to the  Comptroller  on  Actuarial  Assump-

 S. 7505--B                         84
 
 tions,  and  the  Codes  Rules and Regulations of the State of New York:
 Audit and Control.
   The Market Assets and GASB Disclosures are found in the March 31, 2017
 New  York  State  and  Local  Retirement System Financial Statements and
 Supplementary Information.
   I am a member of the American Academy of Actuaries and meet the Quali-
 fication Standards to render the actuarial opinion contained herein.
   This estimate, dated February 2,  2018,  and  intended  for  use  only
 during  the  2018  Legislative  Session,  is  Fiscal  Note  No. 2018-57,
 prepared by the Actuary for the New  York  State  and  Local  Retirement
 System.
 
                                  PART OO
 
   Section 1. Subdivision a of section 605-a of the retirement and social
 security  law, as amended by chapter 489 of the laws of 2008, is amended
 to read as follows:
   a. A member employed as a uniformed court officer or peace officer  in
 the  unified  court system shall be entitled to an accidental disability
 retirement allowance if, at the time application therefor is filed, such
 member is:
   1. Physically or mentally incapacitated for performance of duty as the
 natural and proximate result of an accident, not caused by  his  OR  HER
 own  willful  negligence, sustained in such service and while actually a
 member of the retirement system; and
   2. Actually in service upon which his  or  her  membership  is  based.
 However,  in  a  case where a member is discontinued from service subse-
 quent to the accident, either voluntarily or involuntarily, and provided
 that the member meets the requirements of paragraph one of this subdivi-
 sion, application may be made either (a) by a  vested  member  incapaci-
 tated  as  the  result  of  a qualifying World Trade Center condition as
 defined in section two of this chapter at any time,  or  (b)  not  later
 than two years after the member is first discontinued from service.
   FOR  PURPOSES  OF  THIS  SUBDIVISION,  A  MEMBER WHO IS INJURED AS THE
 RESULT OF A PHYSICAL ASSAULT BY AN ASSAILANT, SUFFERED WHILE IN  SERVICE
 SHALL BE ENTITLED TO ACCIDENTAL DISABILITY RETIREMENT UNLESS THE CONTRA-
 RY CAN BE PROVEN BY COMPETENT EVIDENCE UNDER THIS SECTION.
   §  2. Notwithstanding any other provision of law to the contrary, none
 of the provisions of this act shall be subject  to  section  25  of  the
 retirement and social security law.
   § 3. This act shall take effect immediately.
   FISCAL NOTE.-- Pursuant to Legislative Law, Section 50:
   This  bill would allow Tier 3, 4, 5 and 6 uniformed court officers and
 peace officers in the unified court system to be eligible for  an  acci-
 dental  disability for injuries sustained in the performance of duty and
 the result of an injury sustained in the  performance  or  discharge  of
 duty  by  or  as  the  result  of an assault by an assailant, unless the
 contrary be proven by competent evidence. The benefit for an  accidental
 disability  would  be  75% of final average salary less worker's compen-
 sation.
   If this bill is enacted, the cost will vary depending on the  members'
 age,  service,  tier  and  salary.  It is estimated that the average per
 person cost will be approximately three (3) times salary.
   The exact number of members who could be affected by this  legislation
 cannot  be readily determined. In all likelihood, very few members would
 be affected.

 S. 7505--B                         85
 
   Summary of relevant resources:
   The  membership  data  used  in  measuring  the impact of the proposed
 change was the same as that used in the March 31, 2017  actuarial  valu-
 ation.    Distributions  and  other  statistics can be found in the 2017
 Report of the  Actuary  and  the  2017  Comprehensive  Annual  Financial
 Report.
   The  actuarial assumptions and methods used are described in the 2015,
 2016 and 2017 Annual Report to the Comptroller on Actuarial  Assumptions
 and  the Codes Rules and Regulations of the State of New York: Audit and
 Control.
   The Market Assets and GASB Disclosures are found in the March 31, 2017
 New York State and Local  Retirement  System  Financial  Statements  and
 Supplementary Information.
   I am a member of the American Academy of Actuaries and meet the Quali-
 fication Standards to render the actuarial opinion contained herein.
   This  estimate,  dated  December  19,  2017, and intended for use only
 during the  2018  Legislative  Session,  is  Fiscal  Note  No.  2018-25,
 prepared  by  the  Actuary  for  the New York State and Local Retirement
 System.
 
                                  PART PP
 
   Section 1. Subdivision b of section 448 of the retirement  and  social
 security law is amended by adding a new paragraph 3 to read as follows:
   3. PROVIDED FURTHER, NOTWITHSTANDING ANY OTHER PROVISION OF THIS ARTI-
 CLE TO THE CONTRARY, WHERE A MEMBER IS IN A TITLE AS DEFINED IN SUBDIVI-
 SION  I OF SECTION EIGHTY-NINE OF THIS CHAPTER UNDER THE JURISDICTION OF
 THE DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION, AND WOULD  HAVE
 BEEN  ENTITLED TO A SERVICE RETIREMENT BENEFIT AT THE TIME OF HIS OR HER
 DEATH AND WHERE HIS OR HER DEATH OCCURS ON  OR  AFTER  JULY  FIRST,  TWO
 THOUSAND  EIGHTEEN,  THE  BENEFICIARY  OR  BENEFICIARIES  MAY  ELECT  TO
 RECEIVE, IN A LUMP SUM, AN AMOUNT PAYABLE WHICH SHALL BE  EQUAL  TO  THE
 PENSION  RESERVE THAT WOULD HAVE BEEN ESTABLISHED HAD THE MEMBER RETIRED
 ON THE DATE OF HIS OR HER DEATH, OR THE VALUE OF THE DEATH  BENEFIT  AND
 THE RESERVE-FOR-INCREASED-TAKE-HOME-PAY, IF ANY, WHICHEVER IS GREATER.
   § 2. Subdivision b of section 508 of the retirement and social securi-
 ty law, as amended by chapter 18 of the laws of 2012, is amended to read
 as follows:
   b.  A  member of a retirement system subject to the provisions of this
 article who is a policeman, fireman,  correction  officer,  investigator
 revised  plan  member  or  sanitation man and is in a plan which permits
 immediate retirement upon completion of a specified  period  of  service
 without  regard  to  age  or who is subject to the provisions of section
 five hundred four or five hundred  five  of  this  article,  shall  upon
 completion of ninety days of service be covered for financial protection
 in the event of death in service pursuant to this subdivision.
   1. Such death benefit shall be equal to three times the member's sala-
 ry  raised  to the next highest multiple of one thousand dollars, but in
 no event shall it exceed three times the  maximum  salary  specified  in
 section one hundred thirty of the civil service law or, in the case of a
 member  of  a  retirement system other than the New York city employees'
 retirement system, or in the case of a  member  of  the  New  York  city
 employees'   retirement   system  who  is  a  New  York  city  uniformed
 correction/sanitation revised plan member  or  an  investigator  revised
 plan member, the specific limitations specified for age of entrance into

 S. 7505--B                         86
 
 service  contained  in subparagraphs (b), (c), (d), (e) and (f) of para-
 graph two of subdivision a of this section.
   2. PROVIDED FURTHER, NOTWITHSTANDING ANY OTHER PROVISION OF THIS ARTI-
 CLE TO THE CONTRARY, WHERE A MEMBER IS IN A TITLE AS DEFINED IN SUBDIVI-
 SION  I OF SECTION EIGHTY-NINE OF THIS CHAPTER UNDER THE JURISDICTION OF
 THE DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION, AND WOULD  HAVE
 BEEN  ENTITLED TO A SERVICE RETIREMENT BENEFIT AT THE TIME OF HIS OR HER
 DEATH AND WHERE HIS OR HER DEATH OCCURS ON  OR  AFTER  JULY  FIRST,  TWO
 THOUSAND  EIGHTEEN,  THE  BENEFICIARY  OR  BENEFICIARIES  MAY  ELECT  TO
 RECEIVE, IN A LUMP SUM, AN AMOUNT PAYABLE WHICH SHALL BE  EQUAL  TO  THE
 PENSION  RESERVE THAT WOULD HAVE BEEN ESTABLISHED HAD THE MEMBER RETIRED
 ON THE DATE OF HIS OR HER DEATH, OR THE VALUE OF THE DEATH  BENEFIT  AND
 THE RESERVE-FOR-INCREASED-TAKE-HOME-PAY, IF ANY, WHICHEVER IS GREATER.
   §  3.  This  act  shall  take effect immediately and shall expire five
 years after the date on which it shall have become a law.
   FISCAL NOTE. -- Pursuant to Legislative Law, Section 50:
   This bill would modify  the  in-service  death  benefit  for  tiers  2
 through  6  state correction officers. The in-service death benefit will
 be the value of the pension reserve as if  the  member  had  retired  on
 their  date  of  death.  The provision is scheduled to expire five years
 after the date it is enacted.
   If such proposal is enacted during the 2018 legislative session, there
 will be a one-time past service cost of $13.2 million,  which  would  be
 borne  by  the state of New York as a one-time payment. This estimate is
 based on the assumption that payment will be made March 1, 2019.
   If this provision is extended or made permanent by  subsequent  legis-
 lation, there would be additional costs.
   These  estimated  costs  are based on 20,712 state correction officers
 with a total annual salary of approximately $1.5 billion for the  fiscal
 year ending March 31, 2017.
   Summary of relevant resources:
   The  membership  data  used  in  measuring  the impact of the proposed
 change was the same as that used in the March 31, 2017  actuarial  valu-
 ation.    Distributions  and  other  statistics can be found in the 2017
 Report of the  Actuary  and  the  2017  Comprehensive  Annual  Financial
 Report.
   The  actuarial assumptions and methods used are described in the 2015,
 2016, and 2017 Annual Report to the  Comptroller  on  Actuarial  Assump-
 tions,  and  the  Codes  Rules and Regulations of the State of New York:
 Audit and Control.
   The Market Assets and GASB disclosures are found in the March 31, 2017
 New York State and Local  Retirement  System  Financial  Statements  and
 Supplementary Information.
   I am a member of the American Academy of Actuaries and meet the Quali-
 fication Standards to render the actuarial opinion contained herein.
   This  estimate,  dated  January  17,  2018,  and intended for use only
 during the  2018  Legislative  Session,  is  Fiscal  Note  No.  2018-31,
 prepared  by  the  Actuary  for  the New York State and Local Retirement
 System.
 
                                  PART QQ
 
   Section 1. Section 92-d of the general  municipal  law,  as  added  by
 chapter 273 of the laws of 2017, is amended to read as follows:
   §  92-d. Sick leave for officers and employees with a qualifying World
 Trade Center condition. Notwithstanding any other  law,  rule  or  regu-

 S. 7505--B                         87
 
 lation  to  the  contrary, officers and employees of the state, a public
 authority or any municipal corporation outside of a city  with  a  popu-
 lation  of  one  million  or  more who [filed a] HAVE FILED AND RECEIVED
 APPROVAL  FOR  SUCH  FILED notice of participation in World Trade Center
 rescue, recovery or cleanup operations ENGAGED IN WHILE EMPLOYED BY  THE
 STATE,  A  PUBLIC  AUTHORITY OR A MUNICIPAL CORPORATION and subsequently
 develop a qualifying World Trade Center condition, as defined in section
 two of the retirement and social security  law,[while  employed  by  the
 state,  a  public  authority  or  such  municipal  corporation or public
 authority] shall, AFTER THE RECEIPT OF A WRITTEN  REQUEST  FOR  LINE  OF
 DUTY  SICK  LEAVE,  be granted line of duty sick leave commencing on the
 date that such employee was diagnosed  with  a  qualifying  World  Trade
 Center  condition  regardless  of  whether  such officer or employee was
 employed by his or her current employer at the time that such officer or
 employee participated in World Trade Center rescue, recovery or  cleanup
 operations.   The officer or employee shall be compensated at his or her
 regular rate of pay for those regular work hours during which the  offi-
 cer  or  employee is absent from work DUE TO HIS OR HER QUALIFYING WORLD
 TRADE CENTER CONDITION. Such leave shall be provided without loss of  an
 officer or employee's accrued sick leave.  NOTHING IN THIS SECTION SHALL
 LIMIT  AN  EMPLOYER'S  POWER  PURSUANT  TO ANY OTHER PROVISION OF LAW TO
 DISCIPLINE AN OFFICER OR EMPLOYEE BY TERMINATION, REDUCTION  OF  SALARY,
 OR  ANY OTHER APPROPRIATE MEASURE; TO TERMINATE AN APPOINTEE WHO HAS NOT
 COMPLETED HIS OR HER PROBATIONARY TERM; AND TO  APPLY  FOR  ORDINARY  OR
 ACCIDENT DISABILITY RETIREMENT FOR AN OFFICER OR EMPLOYEE.
   §  2.  The  opening paragraph of section 92-d of the general municipal
 law is designated subdivision 1 and seven new subdivisions 2, 3,  4,  5,
 6, 7 and 8 are added to read as follows:
   2.  NOTWITHSTANDING ANY OTHER LAW, RULE OR REGULATION TO THE CONTRARY,
 OFFICERS AND EMPLOYEES OF A CITY WITH A POPULATION  OF  ONE  MILLION  OR
 MORE  WHO  (I) DO NOT RECEIVE BENEFITS SIMILAR TO THOSE PROVIDED BY THIS
 SECTION PURSUANT TO A COLLECTIVELY BARGAINED AGREEMENT, SECTION 14-122.1
 OF THE ADMINISTRATIVE CODE OF THE CITY OF NEW YORK, SECTION 15-108.1  OF
 THE  ADMINISTRATIVE  CODE  OF  THE  CITY OF NEW YORK, OR OTHER STATUTORY
 PROVISION AND (II) HAVE FILED  AND  RECEIVED  APPROVAL  FOR  SUCH  FILED
 NOTICE OF PARTICIPATION IN WORLD TRADE CENTER RESCUE, RECOVERY OR CLEAN-
 UP OPERATIONS ENGAGED IN WHILE EMPLOYED BY THE STATE, A PUBLIC AUTHORITY
 OR  A  MUNICIPAL CORPORATION AND SUBSEQUENTLY DEVELOP A QUALIFYING WORLD
 TRADE CENTER CONDITION, AS DEFINED IN SECTION TWO OF THE RETIREMENT  AND
 SOCIAL  SECURITY LAW, SHALL, AFTER RECEIPT OF A WRITTEN REQUEST FOR LINE
 OF DUTY SICK LEAVE, BE GRANTED LINE OF DUTY SICK LEAVE COMMENCING ON THE
 DATE THAT SUCH EMPLOYEE WAS DIAGNOSED  WITH  A  QUALIFYING  WORLD  TRADE
 CENTER  CONDITION  REGARDLESS  OF  WHETHER  SUCH OFFICER OR EMPLOYEE WAS
 EMPLOYED BY HIS OR HER CURRENT EMPLOYER AT THE TIME THAT SUCH OFFICER OR
 EMPLOYEE PARTICIPATED IN WORLD TRADE CENTER RESCUE, RECOVERY OR  CLEANUP
 OPERATIONS.  THE  OFFICER OR EMPLOYEE SHALL BE COMPENSATED AT HIS OR HER
 REGULAR RATE OF PAY FOR THOSE REGULAR WORK HOURS DURING WHICH THE  OFFI-
 CER  OR  EMPLOYEE IS ABSENT FROM WORK DUE TO HIS OR HER QUALIFYING WORLD
 TRADE CENTER CONDITION. SUCH LEAVE SHALL BE PROVIDED WITHOUT LOSS OF  AN
 OFFICER  OR EMPLOYEE'S ACCRUED SICK LEAVE. NOTHING IN THIS SECTION SHALL
 LIMIT AN EMPLOYER'S POWER PURSUANT TO ANOTHER PROVISION OF LAW TO DISCI-
 PLINE AN OFFICER OR EMPLOYEE BY TERMINATION, REDUCTION OF SALARY, OR ANY
 OTHER APPROPRIATE  MEASURE;  TO  TERMINATE  AN  APPOINTEE  WHO  HAS  NOT
 COMPLETED  HIS  OR  HER  PROBATIONARY TERM; AND TO APPLY FOR ORDINARY OR
 ACCIDENT DISABILITY RETIREMENT FOR AN OFFICER OR EMPLOYEE.

 S. 7505--B                         88
 
   3. FOR PURPOSES OF THIS SECTION, "COST" SHALL MEAN THE NUMBER OF  DAYS
 OF  SICK  LEAVE THAT MUST BE RESTORED TO AN OFFICER OR EMPLOYEE PURSUANT
 TO SUBDIVISION ONE OR TWO OF THIS SECTION MULTIPLIED BY SUCH OFFICER  OR
 EMPLOYEE'S  WAGE  RATE  AT  THE  TIME  THAT  SUCH  SICK  LEAVE FOR WHICH
 REIMBURSEMENT IS BEING SOUGHT WAS TAKEN.
   4.  A  REQUEST,  FOR  LINE  OF DUTY SICK LEAVE SHALL BE IN WRITING AND
 INCLUDE A WAIVER OF THE PROTECTION AFFORDED TO THE OFFICER  OR  EMPLOYEE
 PURSUANT  TO  THE HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT TO
 ALLOW DISCLOSURE OF THE OFFICER OR EMPLOYEE'S APPROVED NOTICE OF PARTIC-
 IPATION AND ANY MEDICAL RECORDS CONCERNING SUCH  OFFICER  OR  EMPLOYEE'S
 NOTICE  OF  PARTICIPATION  OR QUALIFYING WORLD TRADE CENTER CONDITION IN
 THE POSSESSION OF THE RETIREMENT SYSTEM IN WHICH SUCH OFFICER OR EMPLOY-
 EE IS A MEMBER FOR THE PURPOSE OF REVIEWING, PROCESSING AND AUDITING HIS
 OR HER CLAIM FOR LINE OF DUTY SICK LEAVE.  SUCH WAIVER SHALL BE  IN  THE
 FORM  REQUIRED  BY THE RETIREMENT SYSTEM OF WHICH HE OR SHE IS A MEMBER,
 ALONG WITH THE APPLICATION FOR LINE OF DUTY SICK LEAVE, WITH HIS OR  HER
 EMPLOYER.
   5.  NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, UPON REQUEST
 FROM  THE  STATE, PUBLIC AUTHORITY OR MUNICIPAL CORPORATION OUTSIDE OF A
 CITY WITH A POPULATION OF ONE MILLION OR MORE FOR A COPY OF AN  APPROVED
 NOTICE OF PARTICIPATION IN WORLD TRADE CENTER RESCUE, RECOVERY OR CLEAN-
 UP OPERATIONS FOR AN OFFICER OR EMPLOYEE, THE RETIREMENT SYSTEM IN WHICH
 SUCH  OFFICER  OR  EMPLOYEE  IS  A  MEMBER  AND TO WHICH SUCH OFFICER OR
 EMPLOYEE FILED HIS OR HER NOTICE OF PARTICIPATION IN WORLD TRADE  CENTER
 RESCUE,  RECOVERY OR CLEANUP OPERATIONS IN ACCORDANCE WITH PARAGRAPH (A)
 OF SUBDIVISION THIRTY-SIX OF SECTION TWO OF THE  RETIREMENT  AND  SOCIAL
 SECURITY  LAW,  SUCH  RETIREMENT SYSTEM SHALL PROVIDE A VERIFIED COPY OF
 SUCH APPROVED NOTICE OF PARTICIPATION THAT INCLUDES THE DATE  THAT  SUCH
 NOTICE  WAS  FILED  TO SUCH REQUESTOR. A COPY OF SUCH VERIFIED NOTICE OF
 PARTICIPATION SHALL BE FILED WITH ANY CLAIM FOR REIMBURSEMENT  SUBMITTED
 TO  THE  CIVIL  SERVICE  COMMISSION PURSUANT TO SUBDIVISION FOUR OF THIS
 SECTION. EXCEPT AS REQUIRED FOR FILING, REVIEW, AND AUDIT PURPOSES, SUCH
 VERIFIED NOTICE OF PARTICIPATION AND ALL COPIES OF SUCH VERIFIED  NOTICE
 SHALL  BE CONFIDENTIAL AND NOT SUBJECT TO DISCLOSURE PURSUANT TO ARTICLE
 SIX OF THE PUBLIC OFFICERS LAW.
   6. A PUBLIC AUTHORITY OR MUNICIPAL CORPORATION OUTSIDE OF A CITY  WITH
 A  POPULATION  OF  ONE  MILLION  OR  MORE  SHALL  SUBMIT  ANY  CLAIM FOR
 REIMBURSEMENT UNDER THIS SECTION TO THE  CIVIL  SERVICE  COMMISSION.  IN
 ACCORDANCE  WITH  SUBDIVISION  ONE-A OF SECTION SIX OF THE CIVIL SERVICE
 LAW, THE CIVIL SERVICE COMMISSION SHALL REVIEW EACH CLAIM  TO  DETERMINE
 IF  SUCH CLAIM SHALL BE APPROVED, REDUCED, AMENDED OR REJECTED AND SHALL
 NOTIFY THE SUBMITTING PUBLIC AUTHORITY OR MUNICIPAL CORPORATION,  WITHIN
 SIXTY  DAYS  OF  RECEIPT  OF  SUCH  CLAIM, AS TO ITS DETERMINATION. SUCH
 PUBLIC AUTHORITY OR MUNICIPAL CORPORATION SHALL NOTIFY THE CIVIL SERVICE
 COMMISSION WITHIN THIRTY DAYS AFTER RECEIPT OF THE CIVIL SERVICE COMMIS-
 SION'S NOTIFICATION, AS TO ITS ACCEPTANCE OR REJECTION OF SUCH  DETERMI-
 NATION.  FAILURE TO SO NOTIFY THE CIVIL SERVICE COMMISSION SHALL CONSTI-
 TUTE AN ACCEPTANCE OF THE DETERMINATION.  IF  ACCEPTED  BY  SUCH  PUBLIC
 AUTHORITY OR MUNICIPAL CORPORATION, SUCH ACCEPTANCE SHALL CONSTITUTE THE
 FINAL  AND  CONCLUSIVE DETERMINATION FOR SUCH CLAIM. IF REJECTED BY SUCH
 PUBLIC AUTHORITY OR MUNICIPAL  CORPORATION,  SUCH  PUBLIC  AUTHORITY  OR
 MUNICIPAL CORPORATION SHALL RESUBMIT ITS CLAIM, WITHIN THIRTY DAYS AFTER
 RECEIPT  OF  THE  CIVIL SERVICE COMMISSION'S NOTIFICATION, TOGETHER WITH
 ITS REASONS FOR OBJECTION AND ANY  ADDITIONAL  DOCUMENTATION  WHICH  MAY
 JUSTIFY  ITS  CLAIM.  UPON  RECEIPT  OF  A  RESUBMITTED CLAIM, THE CIVIL
 SERVICE COMMISSION SHALL REVIEW SUCH CLAIM  AND  WITHIN  SIXTY  DAYS  OF

 S. 7505--B                         89
 
 RECEIPT  OF SUCH RESUBMITTED CLAIM, MAKE A FINAL DETERMINATION AS TO THE
 AMOUNT TO BE APPROVED FOR SUCH CLAIM. IF SUCH PUBLIC AUTHORITY OR MUNIC-
 IPAL CORPORATION SHALL DISPUTE SUCH FINAL DETERMINATION IT MAY  COMMENCE
 AN  ACTION,  WITHIN SIXTY DAYS OF SUCH FINAL DETERMINATION, IN THE COURT
 OF CLAIMS WHICH SHALL HAVE JURISDICTION  TO  ADJUDICATE  THE  CLAIM  AND
 ENTER  JUDGMENT,  WHICH  JUDGMENT  SHALL  BE  A  FINAL DETERMINATION FOR
 PURPOSES OF THIS SECTION AND SHALL BE PAYABLE  IN  ACCORDANCE  WITH  THE
 PROVISIONS OF THIS SECTION.
   7.  THE  CIVIL SERVICE COMMISSION SHALL CERTIFY ALL CLAIMS FOR WHICH A
 FINAL DETERMINATION HAS BEEN MADE. THE CIVIL  SERVICE  COMMISSION  SHALL
 SUBMIT  ALL  CERTIFIED  CLAIMS  TO  THE COMPTROLLER OF THE DEPARTMENT OF
 AUDIT AND CONTROL ON OR BEFORE THE FIRST DAY OF THE IMMEDIATELY SUCCEED-
 ING MONTH DURING WHICH  SUCH CLAIM WAS CERTIFIED.
   8. ALL CLAIMS CERTIFIED BY THE CIVIL SERVICE COMMISSION SHALL BE  PAID
 MONTHLY AND SHALL BE PAID UPON A WARRANT FROM THE COMPTROLLER.
   §  3.  Section  6  of the civil service law is amended by adding a new
 subdivision 1-a to read as follows:
   1-A. HAVE THE POWER TO REVIEW CLAIMS FOR  REIMBURSEMENT  SUBMITTED  BY
 PUBLIC  AUTHORITIES  OR  MUNICIPAL CORPORATIONS OUTSIDE OF A CITY WITH A
 POPULATION OF A MILLION OR MORE PURSUANT TO SECTION NINETY-TWO-D OF  THE
 GENERAL  MUNICIPAL  LAW  TO  DETERMINE  IF SUCH CLAIM SHALL BE APPROVED,
 REDUCED, AMENDED OR REJECTED. SUCH REVIEW  AND  DETERMINATION  SHALL  BE
 MADE  IN  ACCORDANCE  WITH SECTION NINETY-TWO-D OF THE GENERAL MUNICIPAL
 LAW.
   § 4. Section 2 of chapter 273 of the laws of 2017, amending the gener-
 al municipal law relating  to  granting  sick  leave  for  officers  and
 employees  with a qualifying World Trade Center condition, is amended to
 read as follows:
   § 2. The state shall  reimburse  any  public  authority  or  municipal
 corporation  WITH  A  POPULATION of less than one million people for the
 cost of any line duty sick leave granted pursuant to  this  act.    SUCH
 REIMBURSEMENT SHALL BE MADE IN ACCORDANCE WITH THE PROVISIONS OF SECTION
 92-D OF THE GENERAL MUNICIPAL LAW.
   §  5.  The  administrative  code of the city of New York is amended by
 adding a new section 12-140 to read as follows:
   § 12-140 LINE OF DUTY SICK LEAVE FOR WORLD TRADE CENTER RESCUE, RECOV-
 ERY OR CLEANUP OPERATIONS.  NOTWITHSTANDING ANY OTHER LAW, RULE OR REGU-
 LATION TO THE CONTRARY, OFFICERS AND EMPLOYEES OF A CITY  WITH  A  POPU-
 LATION OF ONE MILLION OR MORE WHO (I) DO NOT RECEIVE BENEFITS SIMILAR TO
 THOSE  PROVIDED  BY  THIS  SECTION  PURSUANT TO A COLLECTIVELY BARGAINED
 AGREEMENT, SECTION 14-122.1 OF THIS CODE, SECTION 15-108.1 OF THIS CODE,
 OR OTHER STATUTORY PROVISION AND (II) FILED AND  RECEIVED  APPROVAL  FOR
 SUCH  FILED NOTICE OF PARTICIPATION IN WORLD TRADE CENTER RESCUE, RECOV-
 ERY OR CLEANUP OPERATIONS ENGAGED IN WHILE  EMPLOYED  BY  THE  STATE,  A
 PUBLIC  AUTHORITY  OR A MUNICIPAL CORPORATION AND SUBSEQUENTLY DEVELOP A
 QUALIFYING WORLD TRADE CENTER CONDITION, AS DEFINED IN  SECTION  TWO  OF
 THE  RETIREMENT AND SOCIAL SECURITY LAW, SHALL, AFTER RECEIPT OF A WRIT-
 TEN REQUEST FOR LINE OF DUTY SICK LEAVE, BE GRANTED LINE  OF  DUTY  SICK
 LEAVE  COMMENCING  ON  THE  DATE THAT SUCH EMPLOYEE WAS DIAGNOSED WITH A
 QUALIFYING WORLD TRADE CENTER CONDITION REGARDLESS OF WHETHER SUCH OFFI-
 CER OR EMPLOYEE WAS EMPLOYED BY HIS OR HER CURRENT EMPLOYER AT THE  TIME
 THAT SUCH OFFICER OR EMPLOYEE PARTICIPATED IN WORLD TRADE CENTER RESCUE,
 RECOVERY OR CLEANUP OPERATIONS. THE OFFICER OR EMPLOYEE SHALL BE COMPEN-
 SATED  AT  HIS  OR  HER REGULAR RATE OF PAY FOR THOSE REGULAR WORK HOURS
 DURING WHICH THE OFFICER OR EMPLOYEE IS ABSENT  FROM  WORK.  SUCH  LEAVE
 SHALL  BE PROVIDED WITHOUT LOSS OF AN OFFICER OR EMPLOYEE'S ACCRUED SICK

 S. 7505--B                         90
 
 LEAVE. NOTHING IN THIS SECTION SHALL LIMIT AN EMPLOYER'S POWER  PURSUANT
 TO  ANOTHER  PROVISION  OF  LAW  TO DISCIPLINE AN OFFICER OR EMPLOYEE BY
 TERMINATION, REDUCTION OF SALARY, OR ANY OTHER APPROPRIATE  MEASURE;  TO
 TERMINATE  AN  APPOINTEE  WHO  HAS NOT COMPLETED HIS OR HER PROBATIONARY
 TERM; AND TO APPLY FOR ORDINARY OR ACCIDENT DISABILITY RETIREMENT FOR AN
 OFFICER OR EMPLOYEE.
   § 6. The commissioner of the department of civil service, in consulta-
 tion with the state comptroller and the commissioner of  the  department
 of  taxation  and  finance,  shall  promulgate  rules and regulations to
 assist with the implementation of section 92-d of the general  municipal
 law.    Such rules and regulations shall be issued no later than 90 days
 after this act shall  have  become  a  law.  Notwithstanding  any  other
 provisions  to  the  contrary in the state administrative procedure act,
 such rules and regulations may be  adopted  on  an  emergency  basis  if
 necessary to meet such 90-day deadline.
   §  7.  The  commissioner of the department of taxation and finance, in
 consultation with the state comptroller, shall issue guidance  regarding
 the  tax  treatment to officers and employees who have received restored
 sick leave no later than sixty days after this act shall have  become  a
 law.
   § 8. This act shall take effect immediately; provided that section one
 of this act shall be deemed to have been in full force and effect on the
 same  date as chapter 273 of the laws of 2017; and provided further that
 this act shall apply to all claims for reimbursement filed  pursuant  to
 section  92-d  of the general municipal law, as amended by this act; and
 provided further, that any officer or employee who is currently employed
 by a city with a population of one million or more who  has  been  diag-
 nosed  with  a qualifying World Trade Center condition and is using sick
 leave due to such condition shall receive a  restoration  of  such  sick
 leave  retroactive  to  the  date such officer or employee was diagnosed
 with a qualifying World Trade Center condition.
 
                                  PART RR
 
   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 premium charge AND ANY OTHER ADDITIONAL  CHARGES  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. Where appropriate, such  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  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 contrib-
 utions 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 subdivision two of section  one
 hundred  sixty-three  of this article, shall be adjusted as necessary to

 S. 7505--B                         91
 
 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 corporations or  other  quasi-
 public  organizations of the state; provided, however, the state, public
 authorities, public benefit corporations or other quasi-public organiza-
 tions 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 neces-
 sary to provide for such payments.  FOR PURPOSES OF  THIS  SECTION,  THE
 TERM  "HEALTH  BENEFIT PLAN OF SUPPLEMENTARY MEDICAL INSURANCE BENEFITS"
 SHALL MEAN THE HEALTH BENEFIT PLAN PRESCRIBED  BY  SECTION  ONE  HUNDRED
 SIXTY-ONE OF THIS ARTICLE AND SHALL INCLUDE PRESCRIPTION DRUGS AND MEDI-
 CATIONS,  GROUP HOSPITALIZATION, SURGICAL AND MEDICAL INSURANCE PROVIDED
 PURSUANT TO SUCH SECTION.
   § 2. This act shall take effect immediately.
 
                                  PART SS
 
   Section 1. Subdivision 3 of section 363-a of the retirement and social
 security law, as amended by chapter 437 of the laws of 2016, is  amended
 to read as follows:
   3.  As used in this section, the terms "firefighter" and "police offi-
 cer" mean any member who is performing police or fire  service,  as  the
 phrase police or fire service is defined in paragraphs a, b, c, d, f (as
 added by chapter six hundred seventy-four of the laws of nineteen eight-
 y-six),  f (as added by chapter six hundred seventy-seven of the laws of
 nineteen eighty-six), g, h, I and j of  subdivision  eleven  of  section
 three  hundred two of this article, and who, prior to entry into service
 as a firefighter or police officer, successfully passed a physical exam-
 ination which failed to  disclose  evidence  of  any  disease  or  other
 impairment of the heart.
   §  2.  The  amendments  to  section 363-a of the retirement and social
 security law made by section one of this act shall not  affect,  impair,
 or  invalidate  any  temporary  right,  privilege,  or benefit conferred
 pursuant to the provisions of a general, special  or  local  law  (other
 than pursuant to articles 14 and 15 of the retirement and social securi-
 ty  law)  for  any  member of a public retirement system or pension plan
 funded by the state or one of its political subdivisions, nor shall  any
 amendments thereto affect the application of such provisions as extended
 by  the  provisions of section 480 of the retirement and social security
 law.
   § 3. This act shall take effect immediately.
   FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
   This bill is a technical correction to Chapter  561  of  the  Laws  of
 2015.    It  would  add  a  "heart  bill" performance of duty disability
 provision for police officers of the State University of  New  York  who
 are  members  of the New York State and Local Police and Fire Retirement
 System.
   If this bill is enacted, it could  lead  to  more  disabilities  being
 classified  as "performance of duty". We anticipate that few performance
 of duty disability retirements will be granted, and thus, the  resulting
 costs will be negligible.
   Summary of relevant resources:

 S. 7505--B                         92
 
   The  membership  data  used  in  measuring  the impact of the proposed
 change was the same as that used in the March 31, 2017  actuarial  valu-
 ation.    Distributions  and  other  statistics can be found in the 2017
 Report of the  Actuary  and  the  2017  Comprehensive  Annual  Financial
 Report.
   The  actuarial assumptions and methods used are described in the 2015,
 2016, and 2017 Annual Report to the  Comptroller  on  Actuarial  Assump-
 tions,  and  the  Codes  Rules and Regulations of the State of New York:
 Audit and Control.
   The Market Assets and GASB Disclosures are found in the March 31, 2017
 New York State and Local  Retirement  System  Financial  Statements  and
 Supplementary Information.
   I am a member of the American Academy of Actuaries and meet the Quali-
 fication Standards to render the actuarial opinion contained herein.
   This  estimate,  dated  January  18,  2018,  and intended for use only
 during the  2018  Legislative  Session,  is  Fiscal  Note  No.  2018-42,
 prepared  by  the  Actuary  for  the New York State and Local Retirement
 System.
 
                                  PART TT
 
   Section 1. Subdivision 1 of section 167 of the civil service  law,  as
 amended  by chapter 582 of the laws of 1988, paragraph (a) as amended by
 section 7 of part T of chapter 56 of the laws of 2010 and paragraph  (b)
 as  amended  by  chapter  317 of the laws of 1995, is amended to read as
 follows:
   1.   (a) The full cost of premium  or  subscription  charges  for  the
 coverage  of  retired  state employees who are enrolled in the statewide
 and the supplementary health benefit plans established pursuant to  this
 article  and who retired prior to January first, nineteen hundred eight-
 y-three shall be paid by the state. Nine-tenths of the cost  of  premium
 or  subscription charges for the coverage of state employees and retired
 state employees retiring on or after  January  first,  nineteen  hundred
 eighty-three  AND  PRIOR  TO  OCTOBER FIRST, TWO THOUSAND ELEVEN who are
 enrolled in the statewide and supplementary health benefit  plans  shall
 be  paid  by  the  state.  Three-quarters  of  the  cost  of  premium or
 subscription charges for  the  coverage  of  dependents  of  such  state
 employees  and  retired  state  employees  shall  be  paid by the state.
 Except as provided in paragraph (b) of this subdivision, the state shall
 contribute toward the premium or subscription charges for  the  coverage
 of  each  state employee or retired state employee who is enrolled in an
 optional benefit plan and for the dependents of such state  employee  or
 retired state employee the same dollar amount which would be paid by the
 state  for  the premium or subscription charges for the coverage of such
 state employee or retired state employee and his or her dependents if he
 or she were enrolled in the statewide and the supplementary health bene-
 fit plans, but not in excess of the premium or subscription charges  for
 the coverage of such state employee or retired state employee and his or
 her  dependents  under  such optional benefit plan. For purposes of this
 subdivision, employees  of  the  state  colleges  of  agriculture,  home
 economics,  industrial  labor  relations,  and  veterinary medicine, the
 state agricultural experiment station at Geneva, and any other  institu-
 tion or agency under the management and control of Cornell university as
 the  representative  of the board of trustees of the state university of
 New York, and employees of the  state  college  of  ceramics  under  the
 management and control of Alfred university as the representative of the

 S. 7505--B                         93
 
 board  of  trustees of the state university of New York, shall be deemed
 to be state employees whose salaries or compensation are  paid  directly
 by the state.
   (b)  Effective  January  first, nineteen hundred eighty-nine, notwith-
 standing any other law, rule or regulation, and where, and to the extent
 that, an agreement  between  the  state  and  an  employee  organization
 entered into pursuant to article fourteen of this chapter so provides or
 where and to the extent the employee health insurance council so directs
 with  respect to any other state employees and for retired state employ-
 ees retiring on or after January first,  nineteen  hundred  eighty-three
 AND  PRIOR  TO  OCTOBER  FIRST,  TWO  THOUSAND  ELEVEN,  the state shall
 contribute nine-tenths of the cost of premiums or  subscription  charges
 for  coverage  of each such state employee or retired state employee who
 is enrolled in an optional benefit plan and three-fourths of such premi-
 um or subscription charges for dependents of  such  state  employees  or
 retired   state  employees  enrolled  in  such  optional  benefit  plan;
 provided, however, effective January first, nineteen hundred ninety-six,
 the contribution rates for the hospitalization and medical components of
 each optional benefit plan shall not exceed one hundred percent  of  the
 dollar amount of the state's contribution toward the hospitalization and
 medical  components  of individual and dependent coverage, respectively,
 in the Empire Plan. In the case of state  employees  retiring  prior  to
 January first, nineteen hundred eighty-three, the state shall contribute
 one  hundred percent of the individual premium and three-fourths of such
 premium for dependents  of  such  retired  employees  enrolled  in  such
 optional  benefit  plan;  however,  these  contribution  rates shall not
 exceed one hundred percent of the employer  dollar  amount  contribution
 for individual and dependent coverage respectively in the Empire Plan.
   (C)  EFFECTIVE OCTOBER FIRST, TWO THOUSAND ELEVEN, NOTWITHSTANDING ANY
 OTHER LAW, RULE OR REGULATION, AND WHERE, AND TO  THE  EXTENT  THAT,  AN
 AGREEMENT  BETWEEN  THE  STATE AND AN EMPLOYEE ORGANIZATION ENTERED INTO
 PURSUANT TO ARTICLE FOURTEEN OF THIS CHAPTER SO  PROVIDES,  THE  STATE'S
 CONTRIBUTION  FOR COST OF PREMIUM OR SUBSCRIPTION CHARGES FOR THE COVER-
 AGE OF STATE EMPLOYEES AND  RETIRED  STATE  EMPLOYEES  ENROLLED  IN  THE
 STATEWIDE  AND THE SUPPLEMENTARY HEALTH BENEFIT PLANS ESTABLISHED PURSU-
 ANT TO THIS ARTICLE OR AN OPTIONAL BENEFIT PLAN SHALL BE:
   (I) FOR STATE EMPLOYEES EMPLOYED IN A TITLE ALLOCATED  OR  EQUATED  TO
 SALARY  GRADE  NINE  OR  BELOW,  THE STATE SHALL CONTRIBUTE EIGHTY-EIGHT
 PERCENT OF THE COST OR PREMIUM SUBSCRIPTION CHARGES FOR  SUCH  EMPLOYEES
 ENROLLED  IN  THE  STATEWIDE  AND THE SUPPLEMENTARY HEALTH BENEFIT PLANS
 ESTABLISHED PURSUANT TO THIS ARTICLE FOR AN OPTIONAL  BENEFIT  PLAN  AND
 SEVENTY-THREE  PERCENT  OF  THE COST OR PREMIUM SUBSCRIPTION CHARGES FOR
 DEPENDENTS OF SUCH STATE EMPLOYEES ENROLLED IN  THE  STATEWIDE  AND  THE
 SUPPLEMENTARY  HEALTH BENEFIT PLANS ESTABLISHED PURSUANT TO THIS ARTICLE
 OR AN OPTIONAL BENEFIT PLAN; PROVIDED, HOWEVER,  THAT  THE  CONTRIBUTION
 RATES  FOR THE HOSPITALIZATION, MEDICAL, AND MENTAL HEALTH AND SUBSTANCE
 ABUSE COMPONENTS OF EACH OPTIONAL BENEFIT  PLAN  SHALL  NOT  EXCEED  ONE
 HUNDRED  PERCENT OF THE DOLLAR AMOUNT OF THE STATE'S CONTRIBUTION TOWARD
 THE HOSPITALIZATION, MEDICAL, AND  MENTAL  HEALTH  AND  SUBSTANCE  ABUSE
 COMPONENTS  OF  INDIVIDUAL  AND DEPENDENT COVERAGE, RESPECTIVELY, IN THE
 EMPIRE PLAN.
   (II) FOR STATE EMPLOYEES EMPLOYED IN A TITLE ALLOCATED OR  EQUATED  TO
 SALARY  GRADE  TEN  OR  ABOVE,  THE  STATE  SHALL CONTRIBUTE EIGHTY-FOUR
 PERCENT OF THE COST OR PREMIUM SUBSCRIPTION CHARGES FOR  SUCH  EMPLOYEES
 ENROLLED  IN  THE  STATEWIDE  AND THE SUPPLEMENTARY HEALTH BENEFIT PLANS
 ESTABLISHED PURSUANT TO THIS ARTICLE OR AN  OPTIONAL  BENEFIT  PLAN  AND

 S. 7505--B                         94
 
 SIXTY-NINE  PERCENT  OF  THE  COST  OR  PREMIUM SUBSCRIPTION CHARGES FOR
 DEPENDENTS OF SUCH STATE EMPLOYEES ENROLLED IN  THE  STATEWIDE  AND  THE
 SUPPLEMENTARY  HEALTH BENEFIT PLANS ESTABLISHED PURSUANT TO THIS ARTICLE
 OR  AN  OPTIONAL  BENEFIT PLAN; PROVIDED, HOWEVER, THAT THE CONTRIBUTION
 RATES FOR THE HOSPITALIZATION, MEDICAL, AND MENTAL HEALTH AND  SUBSTANCE
 ABUSE  COMPONENTS  OF  EACH  OPTIONAL  BENEFIT PLAN SHALL NOT EXCEED ONE
 HUNDRED PERCENT OF THE DOLLAR AMOUNT OF THE STATE'S CONTRIBUTION  TOWARD
 THE  HOSPITALIZATION,  MEDICAL,  AND  MENTAL  HEALTH AND SUBSTANCE ABUSE
 COMPONENTS OF INDIVIDUAL AND DEPENDENT COVERAGE,  RESPECTIVELY,  IN  THE
 EMPIRE PLAN.
   (III)  FOR RETIRED STATE EMPLOYEES RETIRING ON OR AFTER OCTOBER FIRST,
 TWO THOUSAND ELEVEN AND BEFORE JANUARY FIRST, TWO THOUSAND  TWELVE,  THE
 STATE  SHALL  CONTRIBUTE  EIGHTY-EIGHT  PERCENT  OF  THE COST OR PREMIUM
 SUBSCRIPTION CHARGES FOR SUCH EMPLOYEES ENROLLED IN  THE  STATEWIDE  AND
 THE  SUPPLEMENTARY  HEALTH  BENEFIT  PLANS  ESTABLISHED PURSUANT TO THIS
 ARTICLE OR AN OPTIONAL BENEFIT PLAN AND  SEVENTY-THREE  PERCENT  OF  THE
 COST  OR  PREMIUM  SUBSCRIPTION  CHARGES  FOR  DEPENDENTS  OF SUCH STATE
 EMPLOYEES ENROLLED IN THE STATEWIDE AND THE SUPPLEMENTARY HEALTH BENEFIT
 PLANS ESTABLISHED PURSUANT TO THIS ARTICLE OR AN OPTIONAL BENEFIT  PLAN;
 PROVIDED,  HOWEVER, THAT THE CONTRIBUTION RATES FOR THE HOSPITALIZATION,
 MEDICAL, AND MENTAL  HEALTH  AND  SUBSTANCE  ABUSE  COMPONENTS  OF  EACH
 OPTIONAL BENEFIT PLAN SHALL NOT EXCEED ONE HUNDRED PERCENT OF THE DOLLAR
 AMOUNT  OF THE STATE'S CONTRIBUTION TOWARD THE HOSPITALIZATION, MEDICAL,
 AND MENTAL HEALTH AND  SUBSTANCE  ABUSE  COMPONENTS  OF  INDIVIDUAL  AND
 DEPENDENT COVERAGE, RESPECTIVELY, IN THE EMPIRE PLAN.
   (IV)  FOR  RETIRED STATE EMPLOYEES RETIRING ON OR AFTER JANUARY FIRST,
 TWO THOUSAND TWELVE FROM A TITLE ALLOCATED OR EQUATED  TO  SALARY  GRADE
 NINE  OR  BELOW,  THE STATE SHALL CONTRIBUTE EIGHTY-EIGHT PERCENT OF THE
 COST OR PREMIUM SUBSCRIPTION CHARGES FOR SUCH EMPLOYEES ENROLLED IN  THE
 STATEWIDE  AND THE SUPPLEMENTARY HEALTH BENEFIT PLANS ESTABLISHED PURSU-
 ANT TO THIS ARTICLE  OR  AN  OPTIONAL  BENEFIT  PLAN  AND  SEVENTY-THREE
 PERCENT  OF  THE  COST OR PREMIUM SUBSCRIPTION CHARGES FOR DEPENDENTS OF
 SUCH STATE EMPLOYEES ENROLLED IN THE  STATEWIDE  AND  THE  SUPPLEMENTARY
 HEALTH BENEFIT PLANS ESTABLISHED PURSUANT TO THIS ARTICLE OR AN OPTIONAL
 BENEFIT  PLAN;  PROVIDED,  HOWEVER,  THAT THE CONTRIBUTION RATES FOR THE
 HOSPITALIZATION, MEDICAL, AND MENTAL HEALTH AND SUBSTANCE  ABUSE  COMPO-
 NENTS OF EACH OPTIONAL BENEFIT PLAN SHALL NOT EXCEED ONE HUNDRED PERCENT
 OF THE DOLLAR AMOUNT OF THE STATE'S CONTRIBUTION TOWARD THE HOSPITALIZA-
 TION, MEDICAL, AND MENTAL HEALTH AND SUBSTANCE ABUSE COMPONENTS OF INDI-
 VIDUAL AND DEPENDENT COVERAGE, RESPECTIVELY, IN THE EMPIRE PLAN.
   (V)  FOR  RETIRED  STATE EMPLOYEES RETIRING ON OR AFTER JANUARY FIRST,
 TWO THOUSAND TWELVE FROM A TITLE ALLOCATED OR EQUATED  TO  SALARY  GRADE
 TEN OR ABOVE, THE STATE SHALL CONTRIBUTE EIGHTY-FOUR PERCENT OF THE COST
 OR  PREMIUM  SUBSCRIPTION  CHARGES  FOR  SUCH  EMPLOYEES ENROLLED IN THE
 STATEWIDE AND THE SUPPLEMENTARY HEALTH BENEFIT PLANS ESTABLISHED  PURSU-
 ANT  TO  THIS ARTICLE OR AN OPTIONAL BENEFIT PLAN AND SIXTY-NINE PERCENT
 OF THE COST OR PREMIUM SUBSCRIPTION CHARGES FOR DEPENDENTS OF SUCH STATE
 EMPLOYEES ENROLLED IN THE STATEWIDE AND THE SUPPLEMENTARY HEALTH BENEFIT
 PLANS ESTABLISHED PURSUANT TO THIS ARTICLE OR AN OPTIONAL BENEFIT  PLAN;
 PROVIDED,  HOWEVER, THAT THE CONTRIBUTION RATES FOR THE HOSPITALIZATION,
 MEDICAL, AND MENTAL  HEALTH  AND  SUBSTANCE  ABUSE  COMPONENTS  OF  EACH
 OPTIONAL BENEFIT PLAN SHALL NOT EXCEED ONE HUNDRED PERCENT OF THE DOLLAR
 AMOUNT  OF THE STATE'S CONTRIBUTION TOWARD THE HOSPITALIZATION, MEDICAL,
 AND MENTAL HEALTH AND  SUBSTANCE  ABUSE  COMPONENTS  OF  INDIVIDUAL  AND
 DEPENDENT COVERAGE, RESPECTIVELY, IN THE EMPIRE PLAN.

 S. 7505--B                         95
 
   (D) NOTWITHSTANDING ANY OTHER LAW, RULE OR REGULATION, FOR THE PREMIUM
 OR  SUBSCRIPTION  CHARGES  FOR  THE  COVERAGE OF RETIRED STATE EMPLOYEES
 RETIRING ON AND AFTER OCTOBER FIRST, TWO THOUSAND ELEVEN ENROLLED IN THE
 STATEWIDE AND THE SUPPLEMENTARY HEALTH  BENEFIT  PLANS  OR  AN  OPTIONAL
 BENEFIT  PLAN  ESTABLISHED PURSUANT TO THIS ARTICLE THE STATE'S CONTRIB-
 UTION RATE  FOR  INDIVIDUAL  AND  DEPENDENT  COVERAGE  SHALL  EQUAL  THE
 CONTRIBUTION RATE IN EFFECT ON THE DATE THAT THE STATE EMPLOYEE RETIRED;
 IF,  HOWEVER,  SUCH RETIRED STATE EMPLOYEE'S SERVICE TERMINATED PRIOR TO
 RETIREMENT AND SUCH RETIRED STATE EMPLOYEE  WAS  ENTITLED  TO  A  VESTED
 RETIREMENT  ALLOWANCE PURSUANT TO THE RETIREMENT AND SOCIAL SECURITY LAW
 ON THE DATE HIS OR HER SERVICE TERMINATED AND SUCH RETIRED STATE EMPLOY-
 EE MAINTAINED HIS OR HER ENROLLMENT IN THE STATEWIDE AND THE  SUPPLEMEN-
 TARY HEALTH BENEFIT PLANS OR AN OPTIONAL BENEFIT PLAN ESTABLISHED PURSU-
 ANT  TO  THIS  ARTICLE  THE STATE'S CONTRIBUTION RATE FOR INDIVIDUAL AND
 DEPENDENT COVERAGE SHALL EQUAL THE CONTRIBUTION RATE IN  EFFECT  ON  THE
 DATE  THAT  SUCH  RETIRED STATE EMPLOYEE'S SERVICE TERMINATED; PROVIDED,
 HOWEVER, THAT THE CONTRIBUTION RATES FOR THE  HOSPITALIZATION,  MEDICAL,
 AND  MENTAL HEALTH AND SUBSTANCE ABUSE COMPONENTS OF EACH OPTIONAL BENE-
 FIT PLAN SHALL NOT EXCEED ONE HUNDRED PERCENT OF THE  DOLLAR  AMOUNT  OF
 THE STATE'S CONTRIBUTION TOWARD THE HOSPITALIZATION, MEDICAL, AND MENTAL
 HEALTH AND SUBSTANCE ABUSE COMPONENTS OF INDIVIDUAL AND DEPENDENT COVER-
 AGE, RESPECTIVELY, IN THE EMPIRE PLAN.
   § 2. Subdivision 8 of section 167 of the civil service law, as amended
 by section 2 of part A of chapter 491 of the laws of 2011, is amended to
 read as follows:
   8. Notwithstanding any inconsistent provision of law, where and to the
 extent  that an agreement between the state and an employee organization
 entered into pursuant to article fourteen of this chapter  so  provides,
 the state cost of premium or subscription charges for eligible employees
 covered  by such agreement may be modified pursuant to the terms of such
 agreement. The president, with the approval of the director of the budg-
 et, may extend the modified state cost of premium or subscription charg-
 es for STATE employees [or retirees] not subject to an agreement  refer-
 enced  above  and shall promulgate the necessary rules or regulations to
 implement this provision.
   § 3. The legislative law is amended by adding a new section 49 to read
 as follows:
   §  49.  LEGISLATION  IMPLEMENTING  COLLECTIVE  BARGAINING  AGREEMENTS.
 LEGISLATION  WHICH ENACTS OR AMENDS ANY PROVISION OF LAW FOR THE PURPOSE
 OF IMPLEMENTING AN AGREEMENT BETWEEN THE STATE AND AN EMPLOYEE ORGANIZA-
 TION ENTERED INTO PURSUANT TO ARTICLE FOURTEEN OF THE CIVIL SERVICE  LAW
 SHALL  BE  LIMITED  TO THE PROVISIONS NECESSARY TO IMPLEMENT SUCH AGREE-
 MENT.
   § 4. This act shall take effect immediately provided that sections one
 and two of this act shall be deemed to have been in effect on October 1,
 2011. All premiums paid by retired state employees in  excess  of  those
 consistent  with  the  provisions  of this act shall be returned to such
 retired state employees, or to their estate, as the case may be, by  the
 comptroller  as  soon  as  practicable, but in no event later than sixty
 days after such effective date,  provided,  however,  that  no  interest
 shall be paid thereon.
 
                                  PART UU
 
   Section  1.  1. The provisions of this act shall apply to any new town
 created pursuant to the division of a town into two or more towns pursu-

 S. 7505--B                         96
 
 ant to article 5 of the town law as adopted by the qualified electors at
 a biennial town election held November 7, 2017.
   2.  For  the  purposes  of  this  act "new town" shall refer to a town
 created pursuant to the division of any existing town by  a  proposition
 adopted at a biennial town election held November 7, 2017.
   §  2. 1. Notwithstanding section 80 and subdivision 2 of section 74 of
 the town law, the election of town officers for the new  town  shall  be
 held on the Tuesday next succeeding the first Monday in November 2018.
   2.  Notwithstanding  section 24 of the town law, all elective officers
 other than town councilmen, town justices and the receiver of taxes  and
 assessments shall hold their respective offices for 1 year. The terms of
 office of town councilmen shall be 1 year each for 2 town councilmen and
 3  years  each for 2 town councilmen. The term of office of the receiver
 of taxes and assessments shall be 3 years. The term of each town officer
 elected to office in November 2018 shall commence January 1, 2019.   The
 terms  of  town officers elected for a 1 year term shall expire December
 31, 2019 and the terms of officers elected  for  a  3  year  term  shall
 expire December 31, 2021, unless otherwise provided for in law.
   §  3.  Notwithstanding  section  80 of the town law, the election held
 pursuant to section two of this act shall be deemed the  first  biennial
 town election for the new town, for the purposes of:
   1.  the  effective  date  for the purposes of exercise of governmental
 functions pursuant to subdivision 2 of section 74 of the town law;
   2. the disposition of property pursuant to section 75 of the town law;
   3. the apportionment of debts pursuant to section 76 of the town law;
   4. the meetings of town boards pursuant to section 77 of the town law;
 and,
   5. the right of action upon failure of towns to agree upon the  dispo-
 sition of assets and debts pursuant to section 78 of the town law.
   § 4. Pursuant to subdivision 1 of section three of this act and subdi-
 vision  2 of section 74 of the town law, the new town shall be effective
 for the purposes of the exercise of governmental  functions  January  1,
 2019.
   § 5. By January 31, 2019, the town board of the new town shall meet to
 adopt  a  final budget for the new town's fiscal year 2019 with the same
 force and effect as though prepared and adopted pursuant to article 8 of
 the town law. Such budget shall be adopted in accordance with article  8
 of  town  law  to  the extent practicable, provided, however, the budget
 adopted by the new town shall be in the form and contain  such  informa-
 tion  as required by section 107 of the town law, and, provided further,
 the new town shall not be required to hold a public hearing as  required
 in section 108 of the town law.
   §  6.  1.  Biennial town elections to be held after January 1, 2019 in
 the new town shall be held every odd-numbered year pursuant  to  section
 80 of the town law.
   2.  The  terms of office for elective officers of the new town elected
 after January 1, 2019 shall be as provided for pursuant to section 24 of
 the town law.
   3. In the event that the entire territory of the new town shall become
 coterminous with a village and a proposition  submitted  to  the  voters
 pursuant  to  article 17 of the village law has resulted in favor of the
 local government operating principally as a village, provisions of arti-
 cle 17 of the village law shall supersede subdivisions one  and  two  of
 this section.
   §  7.  Paragraph  c of subdivision 14 of section 3602 of the education
 law is amended by adding a new subparagraph 3 to read as follows:

 S. 7505--B                         97
 
   (3)  NOTWITHSTANDING  ANY  PROVISIONS  OF  THIS  PARAGRAPH,  A  SCHOOL
 DISTRICT  SHALL  BE ELIGIBLE FOR INCENTIVE BUILDING AID PURSUANT TO THIS
 SUBDIVISION IF AFTER AUGUST FIRST, TWO THOUSAND SEVENTEEN,  THE  BOUNDA-
 RIES  OF  SUCH  SCHOOL  DISTRICT CHANGE SO AS TO RESULT IN A NET LOSS OF
 TAXABLE PROPERTY AND A CORRESPONDING ANNUAL LOSS IN PROPERTY TAX REVENUE
 THAT  EXCEEDS  FIVE HUNDRED THOUSAND DOLLARS AS OF THE EFFECTIVE DATE OF
 THE BOUNDARY ALTERATION TO SUCH SCHOOL DISTRICT.
   § 8. This act shall take effect immediately.
 
                                  PART VV
 
   Section 1. Paragraph (e) of subdivision 6 of section 186-f of the  tax
 law, as added by section 39 of part B of chapter 56 of the laws of 2010,
 is amended to read as follows:
   (e) UP TO THE SUM OF THIRTY-FOUR MILLION DOLLARS ANNUALLY MAY BE ALLO-
 CATED  FOR services and expenses that support the operations and mission
 of the division of homeland security and emergency services as appropri-
 ated by the legislature.
   § 2. This act shall take effect immediately.
 
                                  PART WW
 
   Section 1. Section 532 of the real property  tax  law  is  amended  by
 adding a new subdivision (k) to read as follows:
   (K)  LAND  OWNED  BY  THE  STATE SITUATE IN THE TOWNS OF MCDONOUGH AND
 PRESTON IN THE COUNTY OF CHENANGO, CONSTITUTING A PORTION OF BOWMAN LAKE
 STATE PARK, THE TITLE TO WHICH WAS VESTED IN THE STATE ON FEBRUARY TWEN-
 TY-FIRST, TWO THOUSAND SEVENTEEN.
   § 2. This act shall take effect immediately.
 
                                  PART XX
 
   Section 1. The executive law is amended by adding a new section  259-f
 to read as follows:
   §  259-F.  CERTAIN  SEX OFFENDERS; RESIDENCE NEAR SCHOOL GROUNDS.  THE
 COMMISSIONER, IN CONSULTATION WITH THE BOARD, DIRECTOR OF PROBATION  AND
 CORRECTIONAL ALTERNATIVES AND COMMISSIONER OF CRIMINAL JUSTICE SERVICES,
 SHALL  ESTABLISH  BY RULE A UNIFORM STANDARD FOR MEASURING AND ENFORCING
 THE DISTANCE RESTRICTIONS FOR PROPOSED  RESIDENCES  FOR  REGISTERED  SEX
 OFFENDERS  WHO  ARE  SUBJECT TO THE PROVISION OF SUBDIVISION FOURTEEN OF
 SECTION TWO HUNDRED FIFTY-NINE-C OF THIS ARTICLE OR  SUBDIVISION  FOUR-A
 OF  SECTION 65.10 OF THE PENAL LAW. SUCH STANDARD SHALL INCLUDE SPECIFIC
 REQUIREMENTS AND THE METHODOLOGY FOR THE  ENFORCEMENT  OF  THE  DISTANCE
 RESTRICTIONS  AND  SUCH STANDARD SHALL BE POSTED ON THE INTERNET WEBSITE
 OF THE DIVISION OF CRIMINAL JUSTICE SERVICES.
   § 2. Subdivision 14 of section 220.00 of the penal law, as amended  by
 chapter 292 of the laws of 1994, is amended to read as follows:
   14. "School grounds" means (a) in or on or within any building, struc-
 ture,  athletic  playing  field, playground or land contained within the
 real property boundary line of a public or private elementary,  parochi-
 al,  intermediate,  junior  high, vocational, or high school, or (b) any
 area accessible to the public located within one thousand  feet  of  the
 real  property  boundary  line  comprising any such school or any parked
 automobile or other parked vehicle located within one thousand  feet  of
 the  real  property  boundary  line  comprising any such school. For the
 purposes of this section an "area accessible to the public"  shall  mean

 S. 7505--B                         98
 
 sidewalks, streets, parking lots, parks, playgrounds, stores and restau-
 rants.  PROVIDED, HOWEVER, THAT FOR THE PURPOSES OF SUBDIVISION FOURTEEN
 OF SECTION TWO HUNDRED FIFTY-NINE-C OF THE EXECUTIVE LAW OR  SUBDIVISION
 FOUR-A OF SECTION 65.10 OF THIS CHAPTER, SUCH ONE THOUSAND FOOT DISTANCE
 SHALL  BE  MEASURED FROM THE CLOSEST POINT OF THE REAL PROPERTY BOUNDARY
 LINE OF THE SCHOOL GROUNDS TO THE CLOSEST POINT  OF  THE  REAL  PROPERTY
 BOUNDARY LINE OF THE RESIDENCE OF THE SEX OFFENDER.
   § 3. This act shall take effect immediately.
 
                                  PART YY
 
   Section  1. The penal law is amended by adding a new section 220.66 to
 read as follows:
 § 220.66 CRIMINAL SALE OF A CONTROLLED SUBSTANCE UPON THE GROUNDS  OF  A
            DRUG OR ALCOHOL TREATMENT CENTER.
   1.  A PERSON IS GUILTY OF CRIMINAL SALE OF A CONTROLLED SUBSTANCE UPON
 THE GROUNDS OF A DRUG OR ALCOHOL TREATMENT CENTER WHEN HE OR SHE KNOWING
 AND UNLAWFULLY SELLS A CONTROLLED SUBSTANCE IN VIOLATION OF:
   (A) ANY ONE OF SUBDIVISIONS ONE THROUGH SIX-A  OF  SECTION  220.34  OF
 THIS  ARTICLE,  WHEN SUCH SALE TAKES PLACE UPON THE GROUNDS OF A DRUG OR
 ALCOHOL TREATMENT CENTER; OR
   (B) ANY ONE OF SUBDIVISIONS ONE THROUGH EIGHT  OF  SECTION  220.39  OF
 THIS  ARTICLE,  WHEN SUCH SALE TAKES PLACE UPON THE GROUNDS OF A DRUG OR
 ALCOHOL TREATMENT CENTER.
   2. FOR THE PURPOSES OF THIS SECTION, "UPON THE GROUNDS OF  A  DRUG  OR
 ALCOHOL  TREATMENT  CENTER"  MEANS  (A)  IN,  ON OR WITHIN ANY BUILDING,
 STRUCTURE, PARKING LOT OR LAND CONTAINED WITHIN THE REAL PROPERTY BOUND-
 ARY LINE OF ANY FACILITY WHICH PROVIDES CHEMICAL DEPENDENCE SERVICES, AS
 DEFINED IN SUBDIVISION FIFTY-FIVE OF SECTION 1.03 OF THE MENTAL  HYGIENE
 LAW,  OR  A  METHADONE  CLINIC, OR (B) ANY AREA ACCESSIBLE TO THE PUBLIC
 LOCATED WITHIN ONE THOUSAND FEET OF  THE  REAL  PROPERTY  BOUNDARY  LINE
 COMPRISING  ANY FACILITY WHICH PROVIDES CHEMICAL DEPENDENCE SERVICES, AS
 DEFINED IN SUBDIVISION FIFTY-FIVE OF SECTION 1.03 OF THE MENTAL  HYGIENE
 LAW,  OR  ANY METHADONE CLINIC, OR ANY PARKED AUTOMOBILE OR OTHER PARKED
 VEHICLE LOCATED WITHIN ONE THOUSAND FEET OF THE REAL  PROPERTY  BOUNDARY
 LINE COMPRISING SUCH A FACILITY OR METHADONE CLINIC. FOR THE PURPOSES OF
 THIS  SECTION, "AREA ACCESSIBLE TO THE PUBLIC" MEANS SIDEWALKS, STREETS,
 PARKING LOTS, PARKS, PLAYGROUNDS, STORES AND RESTAURANTS.
   3. FOR THE PURPOSES OF THIS SECTION, A REBUTTABLE PRESUMPTION SHALL BE
 ESTABLISHED THAT A DEFENDANT HAS KNOWLEDGE THAT HE OR SHE  IS  UPON  THE
 GROUNDS  OF  A DRUG OR ALCOHOL TREATMENT CENTER WHEN NOTICE IS CONSPICU-
 OUSLY POSTED OF THE PRESENCE OR PROXIMITY OF A DRUG OR ALCOHOL TREATMENT
 CENTER OR METHADONE CLINIC.
   CRIMINAL SALE OF A CONTROLLED SUBSTANCE UPON THE GROUNDS OF A DRUG  OR
 ALCOHOL TREATMENT CENTER IS A CLASS B FELONY.
   § 2. This act shall take effect on the first of November next succeed-
 ing the date on which it shall have become a law.
 
                                  PART ZZ
 
   Section  1.    Subdivision  13  of section 220.16 of the penal law, as
 amended by chapter 75 of the laws of 1995, is amended and a new subdivi-
 sion 14 is added to read as follows:
   13. phencyclidine and  said  phencyclidine  weighs  one  thousand  two
 hundred fifty milligrams or more[.]; OR

 S. 7505--B                         99
 
   14.  ONE  OR  MORE  PREPARATIONS,  COMPOUNDS,  MIXTURES  OR SUBSTANCES
 CONTAINING  HEROIN  AND  SAID  PREPARATIONS,  COMPOUNDS,   MIXTURES   OR
 SUBSTANCES  ARE  OF  AN  AGGREGATE  WEIGHT OF 1.5 GRAMS OR MORE, OR SUCH
 PREPARATIONS, COMPOUNDS, MIXTURES OR SUBSTANCES ARE PACKAGED IN FIFTY OR
 MORE CONTAINERS, PACKETS OR "DECKS".
   §  2.  Subdivision 7 of section 220.18 of the penal law, as amended by
 chapter 75 of the laws of 1995, is amended and a new  subdivision  8  is
 added to read as follows:
   7.  methadone  and  said  methadone  weighs two thousand eight hundred
 eighty milligrams or more[.]; OR
   8.  ONE  OR  MORE  PREPARATIONS,  COMPOUNDS,  MIXTURES  OR  SUBSTANCES
 CONTAINING   HEROIN   AND  SAID  PREPARATIONS,  COMPOUNDS,  MIXTURES  OR
 SUBSTANCES ARE OF AN AGGREGATE WEIGHT OF TWELVE GRAMS OR MORE,  OR  SUCH
 PREPARATIONS,  COMPOUNDS,  MIXTURES  OR  SUBSTANCES ARE PACKAGED IN FOUR
 HUNDRED OR MORE CONTAINERS, PACKETS OR "DECKS".
   § 3. Subdivision 2 of section 220.21 of the penal law, as  amended  by
 chapter  75  of  the laws of 1995, is amended and a new subdivision 3 is
 added to read as follows:
   2. methadone and said methadone weighs  five  thousand  seven  hundred
 sixty milligrams or more[.]; OR
   3.  ONE  OR  MORE  PREPARATIONS,  COMPOUNDS,  MIXTURES  OR  SUBSTANCES
 CONTAINING  HEROIN  AND  SAID  PREPARATIONS,  COMPOUNDS,   MIXTURES   OR
 SUBSTANCES  ARE  OF AN AGGREGATE WEIGHT OF TWENTY-FOUR GRAMS OR MORE, OR
 SUCH PREPARATIONS, COMPOUNDS, MIXTURES OR  SUBSTANCES  ARE  PACKAGED  IN
 EIGHT HUNDRED OR MORE CONTAINERS, PACKETS OR "DECKS".
   §  4.  Subdivision 7 of section 220.41 of the penal law, as amended by
 chapter 75 of the laws of 1995, is amended and a new  subdivision  8  is
 added to read as follows:
   7.   methadone and the methadone weighs three hundred sixty milligrams
 or more[.]; OR
   8.  ONE  OR  MORE  PREPARATIONS,  COMPOUNDS,  MIXTURES  OR  SUBSTANCES
 CONTAINING   HEROIN   AND   THE  PREPARATIONS,  COMPOUNDS,  MIXTURES  OR
 SUBSTANCES ARE OF AN AGGREGATE WEIGHT OF 1.5  GRAMS  OR  MORE,  OR  SUCH
 PREPARATIONS, COMPOUNDS, MIXTURES OR SUBSTANCES ARE PACKAGED IN FIFTY OR
 MORE CONTAINERS, PACKETS OR "DECKS".
   §  5.  Subdivision 2 of section 220.43 of the penal law, as amended by
 chapter 75 of the laws of 1995, is amended and a new  subdivision  3  is
 added to read as follows:
   2.    methadone  and  the  methadone weighs two thousand eight hundred
 eighty milligrams or more[.]; OR
   3.  ONE  OR  MORE  PREPARATIONS,  COMPOUNDS,  MIXTURES  OR  SUBSTANCES
 CONTAINING   HEROIN   AND   THE  PREPARATIONS,  COMPOUNDS,  MIXTURES  OR
 SUBSTANCES ARE OF AN AGGREGATE WEIGHT OF SIX  GRAMS  OR  MORE,  OR  SUCH
 PREPARATIONS, MIXTURES OR SUBSTANCES ARE PACKAGED IN TWO HUNDRED OR MORE
 CONTAINERS, PACKETS OR "DECKS".
   § 6. This act shall take effect on the first of November next succeed-
 ing the date upon which it shall have become a law.
 
                                 PART AAA
 
   Section  1.  Subdivision  7  of  section  220.00  of the penal law, as
 amended by chapter 664 of the laws  of  1985,  is  amended  to  read  as
 follows:
   7.  "Narcotic  drug" means any controlled substance listed in schedule
 I(b), I(c), II(b) or II(c) other than methadone OR HEROIN.

 S. 7505--B                         100
 
   § 2. The opening paragraph and subdivision 8 of section 220.06 of  the
 penal law, the opening paragraph as amended by chapter 75 of the laws of
 1995,  subdivision  8  as  added by chapter 264 of the laws of 2003, are
 amended and a new subdivision 9 is added to read as follows:
   A person is guilty of criminal possession of a controlled substance in
 the fifth degree when he OR SHE knowingly and unlawfully possesses:
   8.  one  or  more  preparations,  compounds,  mixtures  or  substances
 containing gamma hydroxybutyric acid, as defined in  paragraph  four  of
 subdivision (e) of schedule I of section thirty-three hundred six of the
 public  health  law,  and  said  preparations,  compounds,  mixtures  or
 substances are of an aggregate weight of twenty-eight grams or  more[.];
 OR
   9.  ONE  OR  MORE  PREPARATIONS,  COMPOUNDS,  MIXTURES  OR  SUBSTANCES
 CONTAINING  HEROIN,  AND  SAID  PREPARATIONS,  COMPOUNDS,  MIXTURES   OR
 SUBSTANCES  ARE  OF  AN  AGGREGATE  WEIGHT OF FIVE HUNDRED MILLIGRAMS OR
 MORE.
   § 3. The opening paragraph and subdivision 15 of section 220.09 of the
 penal law, the opening paragraph as amended by chapter 75 of the laws of
 1995 and subdivision 15 as added by chapter 264 of the laws of 2003, are
 amended and two new subdivisions 16 and 17 are added to read as follows:
   A person is guilty of criminal possession of a controlled substance in
 the fourth degree when he OR SHE knowingly and unlawfully possesses:
   15. one  or  more  preparations,  compounds,  mixtures  or  substances
 containing  gamma  hydroxybutyric  acid, as defined in paragraph four of
 subdivision (e) of schedule I of section thirty-three hundred six of the
 public  health  law,  and  said  preparations,  compounds,  mixtures  or
 substances  are  of an aggregate weight of two hundred grams or more[.];
 OR
   16. ONE  OR  MORE  PREPARATIONS,  COMPOUNDS,  MIXTURES  OR  SUBSTANCES
 CONTAINING HEROIN, ITS SALTS, ISOMERS OR SALTS OF ISOMERS AND SAID PREP-
 ARATIONS,  COMPOUNDS,  MIXTURES OR SUBSTANCES ARE OF AN AGGREGATE WEIGHT
 OF ONE GRAM OR MORE; OR
   17. ONE  OR  MORE  PREPARATIONS,  COMPOUNDS,  MIXTURES  OR  SUBSTANCES
 CONTAINING  TWO  OR  MORE CONTROLLED SUBSTANCES, THEIR SALTS, ISOMERS OR
 SALTS  OF  ISOMERS,  AND  SAID  PREPARATIONS,  COMPOUNDS,  MIXTURES   OR
 SUBSTANCES ARE OF AN AGGREGATE WEIGHT OF THREE GRAMS OR MORE.
   § 4. The opening paragraph and subdivision 13 of section 220.16 of the
 penal law, as amended by chapter 75 of the laws of 1995, are amended and
 two new subdivisions 14 and 15 are added to read as follows:
   A person is guilty of criminal possession of a controlled substance in
 the third degree when he OR SHE knowingly and unlawfully possesses:
   13.  phencyclidine  and  said  phencyclidine  weighs  one thousand two
 hundred fifty milligrams or more[.]; OR
   14. ONE  OR  MORE  PREPARATIONS,  COMPOUNDS,  MIXTURES  OR  SUBSTANCES
 CONTAINING HEROIN, ITS SALTS, ISOMERS OR SALTS OF ISOMERS AND SAID PREP-
 ARATIONS,  COMPOUNDS,  MIXTURES OR SUBSTANCES ARE OF AN AGGREGATE WEIGHT
 OF TWO GRAMS OR MORE; OR
   15. ONE  OR  MORE  PREPARATIONS,  COMPOUNDS,  MIXTURES  OR  SUBSTANCES
 CONTAINING  TWO  OR  MORE CONTROLLED SUBSTANCES, THEIR SALTS, ISOMERS OR
 SALTS  OF  ISOMERS,  AND  SAID  PREPARATIONS,  COMPOUNDS,  MIXTURES   OR
 SUBSTANCES ARE OF AN AGGREGATE WEIGHT OF SIX GRAMS OR MORE.
   §  5.  Subdivision 7 of section 220.18 of the penal law, as amended by
 chapter 75 of the laws of 1995, is amended and two  new  subdivisions  8
 and 9 are added to read as follows:
   7.  methadone  and  said  methadone  weighs two thousand eight hundred
 eighty milligrams or more[.]; OR

 S. 7505--B                         101
 
   8.  ONE  OR  MORE  PREPARATIONS,  COMPOUNDS,  MIXTURES  OR  SUBSTANCES
 CONTAINING HEROIN, ITS SALTS, ISOMERS OR SALTS OF ISOMERS AND SAID PREP-
 ARATIONS,  COMPOUNDS,  MIXTURES OR SUBSTANCES ARE OF AN AGGREGATE WEIGHT
 OF FIVE GRAMS OR MORE; OR
   9.  ONE  OR  MORE  PREPARATIONS,  COMPOUNDS,  MIXTURES  OR  SUBSTANCES
 CONTAINING TWO OR MORE CONTROLLED SUBSTANCES, THEIR  SALTS,  ISOMERS  OR
 SALTS   OF  ISOMERS,  AND  SAID  PREPARATIONS,  COMPOUNDS,  MIXTURES  OR
 SUBSTANCES ARE OF AN AGGREGATE WEIGHT OF THIRTY-SIX GRAMS OR MORE.
   § 6. Subdivision 2 of section 220.21 of the penal law, as  amended  by
 chapter  75  of  the laws of 1995, is amended and two new subdivisions 3
 and 4 are added to read as follows:
   2. methadone and said methadone weighs  five  thousand  seven  hundred
 sixty milligrams or more[.]; OR
   3.  ONE  OR  MORE  PREPARATIONS,  COMPOUNDS,  MIXTURES  OR  SUBSTANCES
 CONTAINING HEROIN, ITS SALTS, ISOMERS OR SALTS OF ISOMERS AND SAID PREP-
 ARATIONS, COMPOUNDS, MIXTURES OR SUBSTANCES ARE OF AN  AGGREGATE  WEIGHT
 OF TWENTY-FIVE GRAMS OR MORE; OR
   4.  ONE  OR  MORE  PREPARATIONS,  COMPOUNDS,  MIXTURES  OR  SUBSTANCES
 CONTAINING TWO OR MORE CONTROLLED SUBSTANCES, THEIR  SALTS,  ISOMERS  OR
 SALTS   OF  ISOMERS,  AND  SAID  PREPARATIONS,  COMPOUNDS,  MIXTURES  OR
 SUBSTANCES ARE OF AN AGGREGATE WEIGHT OF ONE  HUNDRED  EIGHTY  GRAMS  OR
 MORE.
   §  7. The opening paragraph and subdivision 9 of section 220.39 of the
 penal law, the opening paragraph as amended by chapter 1051 of the  laws
 of  1973  and subdivision 9 as added by chapter 410 of the laws of 1979,
 are amended and two new subdivisions 10 and 11  are  added  to  read  as
 follows:
   A  person  is guilty of criminal sale of a controlled substance in the
 third degree when he OR SHE knowingly and unlawfully sells:
   9. a narcotic preparation to  a  person  less  than  twenty-one  years
 old[.]; OR
   10.  ONE  OR  MORE  PREPARATIONS,  COMPOUNDS,  MIXTURES  OR SUBSTANCES
 CONTAINING TWO OR MORE CONTROLLED SUBSTANCES, THEIR  SALTS,  ISOMERS  OR
 SALTS   OF  ISOMERS,  AND  SAID  PREPARATIONS,  COMPOUNDS,  MIXTURES  OR
 SUBSTANCES ARE OF AN AGGREGATE WEIGHT OF EIGHT GRAMS OR MORE; OR
   11. HEROIN.
   § 8. The opening paragraph and subdivision 7 of section 220.41 of  the
 penal  law, the opening paragraph as added by chapter 276 of the laws of
 1973 and subdivision 7 as amended by chapter 75 of the laws of 1995, are
 amended and two new subdivisions 8 and 9 are added to read as follows:
   A person is guilty of criminal sale of a controlled substance  in  the
 second degree when he OR SHE knowingly and unlawfully sells:
   7.  methadone  and the methadone weighs three hundred sixty milligrams
 or more[.]; OR
   8.  ONE  OR  MORE  PREPARATIONS,  COMPOUNDS,  MIXTURES  OR  SUBSTANCES
 CONTAINING HEROIN, ITS SALTS, ISOMERS OR SALTS OF ISOMERS AND SAID PREP-
 ARATIONS,  COMPOUNDS,  MIXTURES OR SUBSTANCES ARE OF AN AGGREGATE WEIGHT
 OF FIVE GRAMS OR MORE; OR
   9.  ONE  OR  MORE  PREPARATIONS,  COMPOUNDS,  MIXTURES  OR  SUBSTANCES
 CONTAINING  TWO  OR  MORE CONTROLLED SUBSTANCES, THEIR SALTS, ISOMERS OR
 SALTS  OF  ISOMERS,  AND  SAID  PREPARATIONS,  COMPOUNDS,  MIXTURES   OR
 SUBSTANCES ARE OF AN AGGREGATE WEIGHT OF SIXTEEN GRAMS OR MORE.
   § 9. Section 220.43 of the penal law, as amended by chapter 785 of the
 laws  of 1975, subdivisions 1 and 2 as amended by chapter 75 of the laws
 of 1995, is amended to read as follows:
 § 220.43 Criminal sale of a controlled substance in the first degree.

 S. 7505--B                         102
 
   A person is guilty of criminal sale of a controlled substance  in  the
 first degree when he OR SHE knowingly and unlawfully sells:
   1.  one  or  more  preparations,  compounds,  mixtures  or  substances
 containing a narcotic drug and the preparations, compounds, mixtures  or
 substances are of an aggregate weight of two ounces or more; or
   2.  methadone  and  the  methadone  weighs  two thousand eight hundred
 eighty milligrams or more; OR
   3.  ONE  OR  MORE  PREPARATIONS,  COMPOUNDS,  MIXTURES  OR  SUBSTANCES
 CONTAINING HEROIN, ITS SALTS, ISOMERS OR SALTS OF ISOMERS AND SAID PREP-
 ARATIONS,  COMPOUNDS,  MIXTURES OR SUBSTANCES ARE OF AN AGGREGATE WEIGHT
 OF TWENTY-FIVE GRAMS OR MORE; OR
   4.  ONE  OR  MORE  PREPARATIONS,  COMPOUNDS,  MIXTURES  OR  SUBSTANCES
 CONTAINING  TWO  OR  MORE CONTROLLED SUBSTANCES, THEIR SALTS, ISOMERS OR
 SALTS  OF  ISOMERS,  AND  SAID  PREPARATIONS,  COMPOUNDS,  MIXTURES   OR
 SUBSTANCES ARE OF AN AGGREGATE WEIGHT OF FORTY GRAMS OR MORE.
   Criminal sale of a controlled substance in the first degree is a class
 A-I felony.
   §  10. Section 220.46 of the penal law, as added by chapter 896 of the
 laws of 1971, is amended to read as follows:
 § 220.46 Criminal injection of a narcotic drug.
   A person is guilty of criminal injection of a narcotic drug when  he
 OR  SHE  knowingly  and  unlawfully possesses a narcotic drug OTHER THAN
 FENTANYL and he OR SHE intentionally injects by means  of  a  hypodermic
 syringe  or  hypodermic  needle all or any portion of that drug into the
 body of another person with the latter's consent.
   Criminal injection of a narcotic drug is a class E felony.
   § 11. The penal law is amended by adding a new section 220.47 to  read
 as follows:
 § 220.47 CRIMINAL INJECTION OF HEROIN OR FENTANYL.
   A PERSON IS GUILTY OF CRIMINAL INJECTION OF HEROIN OR FENTANYL WHEN HE
 OR  SHE  KNOWINGLY AND UNLAWFULLY POSSESSES HEROIN OR FENTANYL AND HE OR
 SHE INTENTIONALLY INJECTS BY MEANS OF A HYPODERMIC SYRINGE OR HYPODERMIC
 NEEDLE ALL OR ANY PORTION OF THAT DRUG INTO THE BODY OF  ANOTHER  PERSON
 WITH THE LATTER'S CONSENT.
   CRIMINAL INJECTION OF HEROIN OR FENTANYL IS A CLASS C FELONY.
   §  12.  Section  220.60 of the penal law, as amended by chapter 276 of
 the laws of 1973 and subdivisions (e) and (f) as  amended  and  subdivi-
 sions  (g)  and  (h)  as  added  by  chapter 394 of the laws of 1974, is
 amended to read as follows:
 § 220.60 Criminal possession of precursors of controlled substances.
   A person is guilty  of  criminal  possession  of  precursors  of  con-
 trolled  substances  when,  with intent to manufacture a controlled sub-
 stance unlawfully, he OR SHE possesses at the same time:
   (a) carbamide (urea) and propanedioc and malonic acid or  its  deriva-
 tives; or
   (b) ergot or an ergot derivative and diethylamine or dimethylformamide
 or diethylamide; or
   (c)  phenylacetone (1-phenyl-2 propanone) and hydroxylamine or ammonia
 or formamide or benzaldehyde or nitroethane or methylamine.
   (d) pentazocine and methyliodide; or
   (e) phenylacetonitrile and  dichlorodiethyl  methylamine  or  dichlor-
 odiethyl benzylamine; or
   (f) [diephenylacetonitrile] DIPHENYLACETONITRILE and dimethylaminoiso-
 propyl chloride; or
   (g)  piperidine  and  cyclohexanone  and  bromobenzene  and lithium or
 magnesium; or

 S. 7505--B                         103
 
   (h) 2, 5-dimethoxy benzaldehyde and nitroethane and a reducing  agent;
 OR
   (I) ACETIC ANHYDRIDE AND SODIUM CARBONATE AND AMMONIUM CHLORIDE.
   Criminal   [prossession]   POSSESSION   of  precursors  of  controlled
 substances is a class E felony.
   § 13. Subdivision 1 of section 230.34 of the penal  law  as  added  by
 chapter 74 of the laws of 2007, is amended to read as follows:
   1.  unlawfully providing to a person who is patronized, with intent to
 impair said person's judgment: (a) a narcotic drug or a narcotic  prepa-
 ration;  (b) concentrated cannabis as defined in paragraph (a) of subdi-
 vision four of section thirty-three hundred two  of  the  public  health
 law; (c) methadone; [or] (d) gamma-hydroxybutyrate (GHB) or flunitrazep-
 an, also known as Rohypnol; OR (E) HEROIN;
   §  14.  This  act  shall  take  effect  on  the first of November next
 succeeding the date on which it shall have become a law.
 
                                 PART BBB
 
   Section 1. Subdivision 7 of  section  220.41  of  the  penal  law,  as
 amended by chapter 75 of the laws of 1995, is amended and a new subdivi-
 sion 8 is added to read as follows:
   7.   methadone and the methadone weighs three hundred sixty milligrams
 or more[.]; OR
   8.  ONE  OR  MORE  PREPARATIONS,  COMPOUNDS,  MIXTURES  OR  SUBSTANCES
 CONTAINING  CARFENTANIL  AND  SAID  PREPARATIONS, COMPOUNDS, MIXTURES OR
 SUBSTANCES ARE AN AGGREGATE WEIGHT OF TWO MILLIGRAMS OR MORE.
   § 2. Subdivision 2 of section 220.43 of the penal law, as  amended  by
 chapter  75  of  the laws of 1995, is amended and a new subdivision 3 is
 added to read as follows:
   2.   methadone and the methadone weighs  two  thousand  eight  hundred
 eighty milligrams or more[.]; OR
   3.  ONE  OR  MORE  PREPARATIONS,  COMPOUNDS,  MIXTURES  OR  SUBSTANCES
 CONTAINING CARFENTANIL AND SAID  PREPARATIONS,  COMPOUNDS,  MIXTURES  OR
 SUBSTANCES ARE AN AGGREGATE WEIGHT OF TEN MILLIGRAMS OR MORE.
   § 3. This act shall take effect on the first of November next succeed-
 ing the date on which it shall have become a law.
 
                                 PART CCC
 
   Section  1. Section 3502 of the public health law is amended by adding
 a new subdivision 6 to read as follows:
   6. (A) (I) NOTWITHSTANDING THE PROVISIONS OF THIS SECTION OR ANY OTHER
 PROVISION OF LAW, RULE OR REGULATION TO THE CONTRARY,  LICENSED  PRACTI-
 TIONERS,  PERSONS  LICENSED  UNDER THIS ARTICLE AND UNLICENSED PERSONNEL
 EMPLOYED AT A CORRECTIONAL FACILITY MAY, IN A MANNER  PERMITTED  BY  THE
 REGULATIONS PROMULGATED PURSUANT TO THIS SUBDIVISION, UTILIZE BODY IMAG-
 ING  SCANNING  EQUIPMENT  THAT  APPLIES IONIZING RADIATION TO HUMANS FOR
 PURPOSES OF SCREENING INMATES COMMITTED TO SUCH FACILITY, IN  CONNECTION
 WITH THE IMPLEMENTATION OF SUCH FACILITY'S SECURITY PROGRAM.
   (II)  THE UTILIZATION OF SUCH BODY IMAGING SCANNING EQUIPMENT SHALL BE
 IN ACCORDANCE WITH REGULATIONS PROMULGATED BY THE DEPARTMENT.
   (B) PRIOR TO ESTABLISHING, MAINTAINING OR OPERATING IN A  CORRECTIONAL
 FACILITY  ANY  BODY  IMAGING  SCANNING EQUIPMENT, THE COMMISSIONER SHALL
 ENSURE THAT SUCH FACILITY IS IN COMPLIANCE WITH THE REGULATIONS  PROMUL-
 GATED PURSUANT TO THIS SUBDIVISION AND OTHERWISE APPLICABLE REQUIREMENTS

 S. 7505--B                         104

 FOR   THE   INSTALLATION,   REGISTRATION,   MAINTENANCE,  OPERATION  AND
 INSPECTION OF BODY IMAGING SCANNING EQUIPMENT.
   (C) THE REGULATIONS PROMULGATED PURSUANT TO SUBPARAGRAPH (II) OF PARA-
 GRAPH (A) OF THIS SUBDIVISION SHALL INCLUDE, BUT NOT BE LIMITED TO:
   (I) A REQUIREMENT THAT PRIOR TO OPERATING BODY IMAGING SCANNING EQUIP-
 MENT,  UNLICENSED  PERSONNEL  EMPLOYED  AT CORRECTIONAL FACILITIES SHALL
 HAVE SUCCESSFULLY COMPLETED A TRAINING COURSE APPROVED BY THE DEPARTMENT
 AND THAT SUCH PERSONNEL RECEIVE ADDITIONAL TRAINING ON AN ANNUAL BASIS;
   (II) LIMITATIONS ON EXPOSURE WHICH SHALL BE NO MORE THAN FIFTY PERCENT
 OF THE ANNUAL EXPOSURE LIMITS FOR NON-RADIATION WORKERS AS SPECIFIED  BY
 APPLICABLE  REGULATIONS,  EXCEPT  THAT INMATES UNDER THE AGE OF EIGHTEEN
 SHALL NOT BE SUBJECT TO MORE THAN FIVE PERCENT OF SUCH  ANNUAL  EXPOSURE
 LIMITS,  AND PREGNANT WOMEN SHALL NOT BE SUBJECT TO SUCH SCANNING AT ANY
 TIME. PROCEDURES FOR IDENTIFYING PREGNANT WOMEN SHALL BE  SET  FORTH  IN
 THE REGULATIONS;
   (III)  REGISTRATION  WITH THE DEPARTMENT OF EACH BODY IMAGING SCANNING
 MACHINE PURCHASED OR INSTALLED AT A LOCAL CORRECTIONAL FACILITY;
   (IV) INSPECTION AND REGULAR REVIEWS OF THE USE OF BODY  IMAGING  SCAN-
 NING EQUIPMENT BY THE DEPARTMENT; AND
   (V)  A  REQUIREMENT  THAT  RECORDS  BE KEPT REGARDING EACH USE OF BODY
 IMAGING SCANNING EQUIPMENT BY THE CORRECTIONAL FACILITY.
   (D) FOR THE PURPOSE OF THIS SUBDIVISION, "BODY IMAGING SCANNING EQUIP-
 MENT" OR "EQUIPMENT" MEANS EQUIPMENT THAT UTILIZES A LOW DOSE OF  IONIZ-
 ING  RADIATION  TO  PRODUCE  AN  ANATOMICAL  IMAGE  CAPABLE OF DETECTING
 OBJECTS PLACED ON, ATTACHED TO OR SECRETED WITHIN A PERSON'S BODY.
   (E) FOR THE PURPOSES  OF  THIS  SUBDIVISION,  "CORRECTIONAL  FACILITY"
 SHALL  HAVE  THE  SAME  MEANING AS FOUND IN PARAGRAPH (A) OF SUBDIVISION
 FOUR OF SECTION TWO OF THE CORRECTION LAW.
   (F) FOR THE PURPOSE OF THIS SUBDIVISION, "COMMISSIONER" SHALL HAVE THE
 SAME MEANING  AS  FOUND  IN  SUBDIVISION  TWO  OF  SECTION  TWO  OF  THE
 CORRECTION LAW.
   (G)  THE  STATE  DEPARTMENT  OF  CORRECTIONS AND COMMUNITY SUPERVISION
 SHALL SUBMIT AN ANNUAL REPORT TO THE  DEPARTMENT,  THE  SPEAKER  OF  THE
 ASSEMBLY,  AND  THE TEMPORARY PRESIDENT OF THE SENATE. SUCH REPORT SHALL
 BE SUBMITTED WITHIN EIGHTEEN MONTHS AFTER THE INITIAL DATE OF  REGISTRA-
 TION OF SUCH EQUIPMENT WITH THE DEPARTMENT, AND ANNUALLY THEREAFTER, AND
 SHALL CONTAIN THE FOLLOWING INFORMATION AS TO EACH SUCH FACILITY:
   (I) THE NUMBER OF TIMES THE EQUIPMENT WAS USED ON INMATES UPON INTAKE,
 AFTER VISITS, AND UPON THE SUSPICION OF CONTRABAND, AS WELL AS ANY OTHER
 EVENT THAT TRIGGERS THE USE OF SUCH EQUIPMENT;
   (II)  THE  AVERAGE,  MEDIAN, AND HIGHEST NUMBER OF TIMES THE EQUIPMENT
 WAS USED ON ANY INMATE, WITH CORRESPONDING EXPOSURE LEVELS;
   (III) THE NUMBER OF TIMES THE USE OF THE EQUIPMENT DETECTED THE  PRES-
 ENCE  OF  DRUG  CONTRABAND,  WEAPON CONTRABAND, AND ANY OTHER ILLEGAL OR
 IMPERMISSIBLE OBJECT OR SUBSTANCE;
   (IV) INCIDENTS OR ANY INJURIES OR ILLNESS RESULTING FROM  THE  USE  OF
 SUCH EQUIPMENT OR REPORTED BY PERSONS SCANNED BY SUCH EQUIPMENT; AND
   (V) ANY OTHER INFORMATION THE DEPARTMENT MAY REASONABLY REQUIRE.
   § 2. This act shall take effect on the one hundred twentieth day after
 it  shall  have  become  a  law;  provided, however, that this act shall
 expire and be deemed repealed five  years  after  such  effective  date.
 Effective immediately, the addition, amendment and/or repeal of any rule
 or regulation necessary for the implementation of this act on its effec-
 tive  date  are  authorized  to  be made and completed on or before such
 effective date.

 S. 7505--B                         105
 
                                 PART DDD
 
   Section  1.  Section  112 of the correction law is amended by adding a
 new subdivision 5 to read as follows:
   5. THE COMMISSIONER SHALL ESTABLISH A CONTRABAND SCREENING PLAN  WHICH
 SHALL INCLUDE, BUT NOT BE LIMITED TO:
   (A)  THE RANDOM SELECTION AND SEARCH OF VISITORS' VEHICLES UPON ENTER-
 ING A CORRECTIONAL FACILITY'S GROUNDS;
   (B) THE USE OF A LEASHED AND CONTROLLED CANINE AT THE ENTRANCE OF EACH
 CORRECTIONAL FACILITY AT A MINIMUM OF TWELVE FACILITIES PER  WEEK  ON  A
 RANDOM, BUT ROTATING BASIS TO ENSURE ALL FACILITIES ARE INCLUDED;
   (C)  THE SEARCH OF VISITORS ENTERING THE FACILITY WHICH SHALL INCLUDE,
 BUT NOT BE LIMITED TO, ELECTRONIC SEARCHES,  IMAGING  SCANNING  SEARCHES
 PROVIDED  SUCH IMAGE SCANNING DEVICES DO NOT USE BACKSCATTER TECHNOLOGY,
 PAT SEARCHES AND VISUAL SEARCHES; AND
   (D) THE TRAINING OF STAFF ON UP TO DATE AND CURRENT CONTRABAND SCREEN-
 ING PROCEDURES.
   (E) THE COMMISSIONER SHALL PROVIDE A COPY OF SUCH CONTRABAND SCREENING
 PLAN AS WELL AS THE PRIOR YEAR'S  PLAN  INCLUDING  BUT  NOT  LIMITED  TO
 RESULTS  OF  THE  CANINE ASSIGNMENTS, RESULTS OF THE SEARCH OF VISITORS'
 VEHICLES, NUMBER OF ATTEMPTS TO PROMOTE CONTRABAND  AND  THE  NUMBER  OF
 URINE  TESTS  WITH  RESULTS  CONDUCTED STATEWIDE IN EACH FACILITY TO THE
 LEGISLATURE BY DECEMBER THIRTY-FIRST EACH YEAR.
   § 2. This act shall take effect immediately.

                                 PART EEE
 
   Section 1. Section 72-c of the general municipal law,  as  amended  by
 section  1  of subpart C of part C of chapter 97 of the laws of 2011, is
 amended to read as follows:
   § 72-c. Expenses of members of the police department, THE FIRE DEPART-
 MENT and other peace officers in attending police OR FIREFIGHTER  train-
 ing  schools.  The  board  or  body  of  a county, city, town or village
 authorized to appropriate and to raise money by  taxation  and  to  make
 payments  therefrom,  is hereby authorized, in its discretion, to appro-
 priate and to raise money by taxation and to  make  payments  from  such
 moneys,  for the annual expenses of the members of the police department
 of such municipal corporation in attending a police training school, AND
 FOR THE ANNUAL EXPENSES OF THE MEMBERS OF THE FIRE  DEPARTMENT  OF  SUCH
 MUNICIPAL CORPORATION IN ATTENDANCE IN A FIREFIGHTER TRAINING SCHOOL, as
 provided by the regulations of the department, either within such munic-
 ipal  corporation  or elsewhere within the state; and for the payment of
 reasonable expenses of such members  and  other  police  officers  [or],
 peace  officers  OR  FIREFIGHTERS  of  the  municipality while going to,
 attending, and returning from any training school conducted by or  under
 the  auspices of the federal bureau of investigation, OR, IN THE CASE OF
 FIREFIGHTERS, UNDER THE AUSPICES  OF  THE  APPROPRIATE  ENTITY,  whether
 within  or without the state. Notwithstanding any inconsistent provision
 of any general, special or local law to the contrary, whenever a  member
 of  the  police  department  of  a  municipal corporation has attended a
 police training school, OR A MEMBER OF THE FIRE DEPARTMENT OF A  MUNICI-
 PAL  CORPORATION HAS ATTENDED A FIREFIGHTER TRAINING SCHOOL, the expense
 of which was borne by such municipal corporation, terminates  employment
 with  such municipal corporation and commences employment with any other
 municipal corporation or employer county sheriff, such employer  munici-
 pal  corporation  or  employer  county sheriff shall reimburse the prior

 S. 7505--B                         106
 
 employer municipal corporation for  such  expenses,  including,  salary,
 tuition,  enrollment  fees, books, and the cost of transportation to and
 from training school, as follows: on a pro rata basis, to be  calculated
 by  subtracting from the number of days in the three years following the
 date of the member's graduation  from  police  OR  FIREFIGHTER  training
 school,  the  number of days between the date of the member's graduation
 from training school and the date of the termination of employment  with
 the  municipal corporation which paid for such training, and multiplying
 the difference by the per diem cost of such expenses, to  be  calculated
 by dividing the total cost of such expenses by the number of days in the
 three  years  following  the  date  of  the member's graduation, if such
 change in employment occurs within three years of such  member's  gradu-
 ation from police OR FIREFIGHTER training school. Provided, however, the
 employer  municipal  corporation or employer county sheriff shall not be
 required to reimburse the prior employer municipal corporation for  that
 portion  of  such  expenses  which  is reimbursable by the member to the
 prior employer municipal corporation under the terms of an employment or
 labor agreement. Provided,  further,  however,  the  employer  municipal
 corporation  or  employer  county sheriff shall not be required to reim-
 burse the prior employer municipal corporation for such  basic  training
 if such change in employment occurs after the expiration of the validity
 of  the member's certificate attesting to the satisfactory completion of
 an approved municipal police OR FIREFIGHTER basic training program.
   § 2. This act shall take effect immediately.
 
                                 PART FFF
 
   Section 1. Section 212 of the retirement and social  security  law  is
 amended by adding a new subdivision 4 to read as follows:
   4.  NOTWITHSTANDING THE PROVISIONS OF SUBDIVISIONS ONE AND TWO OF THIS
 SECTION, SUCH ANNUAL EARNINGS LIMITATIONS FOR A RETIRED  POLICE  OFFICER
 EMPLOYED  BY  A  SCHOOL  DISTRICT  OR A BOARD OF COOPERATIVE EDUCATIONAL
 SERVICES, IN EITHER THE CLASSIFIED OR UNCLASSIFIED SERVICE AS  A  SCHOOL
 RESOURCE  OFFICER, SCHOOL SAFETY OFFICER, SCHOOL SECURITY OFFICER OR ANY
 OTHER SUBSTANTIALLY SIMILAR POSITION  OR  OFFICE  THAT  IS  DESIGNED  TO
 PROVIDE  SAFETY  AND/OR  SECURITY  ON SCHOOL GROUNDS, PROVIDED THAT SUCH
 RETIRED POLICE OFFICER IS DULY QUALIFIED, COMPETENT AND  PHYSICALLY  FIT
 FOR  PERFORMANCE  OF THE DUTIES OF THE POSITION IN WHICH HE OR SHE IS TO
 BE EMPLOYED AS DETERMINED BY THE SCHOOL DISTRICT AND IS PROPERLY  CERTI-
 FIED  WHERE  SUCH  CERTIFICATION  IS  REQUIRED,  SHALL BE FIFTY THOUSAND
 DOLLARS FOR THE YEAR TWO THOUSAND EIGHTEEN AND THEREAFTER.
   § 2. This act shall take effect immediately.
   FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
   This bill will allow retired police  officers  to  be  employed  by  a
 school  district  as a school safety officer, school security officer or
 any other substantially similar position for an annual  salary  of  less
 than  $50,000  and  continue  to  receive their full retirement benefit.
 Currently, this privilege is only allowed to retired police officers who
 are employed as a school resource officer.
   If this bill is enacted, insofar as it will affect the New York  State
 and  Local  Police and Fire Retirement System, we expect few retirees to
 be affected. There would be negligible additional annual costs.
   Summary of relevant resources:
   The membership data used in  measuring  the  impact  of  the  proposed
 change  was  the same as that used in the March 31, 2016 actuarial valu-
 ation.  Distributions and other statistics can  be  found  in  the  2016

 S. 7505--B                         107
 
 Report  of  the  Actuary  and  the  2016  Comprehensive Annual Financial
 Report.
   The  actuarial  assumptions and methods used are described in the 2015
 and 2016 Annual Report to the Comptroller on Actuarial Assumptions,  and
 the  Codes  Rules  and  Regulations  of the State of New York: Audit and
 Control.
   The Market Assets and GASB Disclosures are found in the March 31, 2016
 New York State and Local  Retirement  System  Financial  Statements  and
 Supplementary Information.
   This  estimate,  dated  February  23,  2018  and intended for use only
 during the 2018 Legislative Session, is Fiscal Note No. 1,  prepared  by
 the New York State Senate Standing Committee on Finance.
 
                                 PART GGG
 
   Section  1. This Part enacts into law components of legislation relat-
 ing to school safety.  Each  component  is  wholly  contained  within  a
 Subpart  identified as Subparts A through D. 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 490.00 of the penal law, as added by chapter 300 of
 the laws of 2001, is amended to read as follows:
 § 490.00 Legislative findings.
   The devastating consequences of the  recent  barbaric  attack  on  the
 World  Trade  Center and the Pentagon underscore the compelling need for
 legislation that is specifically designed to combat the evils of terror-
 ism. Indeed, the bombings of American embassies in Kenya and Tanzania in
 1998, the federal building in Oklahoma  City  in  1995,  Pan  Am  Flight
 number 103 in Lockerbie in 1988, the 1997 shooting atop the Empire State
 Building,  the  1994  murder  of  Ari  Halberstam on the Brooklyn Bridge
 [and], the 1993 bombing of the World Trade Center, AND THE  MASS  SHOOT-
 INGS  IN  SAN  BERNARDINO,  CALIFORNIA AND CHARLESTON, SOUTH CAROLINA IN
 2015, THE ORLANDO NIGHTCLUB IN 2016, THE LAS VEGAS STRIP IN 2017, AND AT
 MARJORY STONEMAN DOUGLAS HIGH SCHOOL IN PARKLAND, FLORIDA IN 2018, AMONG
 OTHERS, will forever serve to remind us that terrorism is a serious  and
 deadly problem that disrupts public order and threatens individual safe-
 ty  both  at  home  and around the world. Terrorism is inconsistent with
 civilized society and cannot be tolerated.
   Although certain federal laws seek to curb the incidence of terrorism,
 there are no corresponding state laws that  facilitate  the  prosecution
 and  punishment  of  terrorists  in state courts. Inexplicably, there is
 also no criminal penalty in this state for  a  person  who  solicits  or
 raises  funds  for,  or provides other material support or resources to,
 those who commit or encourage the commission of  horrific  and  cowardly
 acts  of  terrorism.  Nor  do  our criminal laws proscribe the making of
 terrorist threats or punish with appropriate severity those  who  hinder
 the  prosecution  of terrorists. Finally, our death penalty statute must

 S. 7505--B                         108
 
 be strengthened so that the cold-blooded execution of an individual  for
 terrorist purposes is a capital offense.
   A  comprehensive  state  law  is urgently needed to complement federal
 laws in the fight against terrorism and to better protect  all  citizens
 against terrorist acts AND MASS SHOOTINGS.  Accordingly, the legislature
 finds  that  our laws must be strengthened to ensure that terrorists, as
 well as those who solicit or provide  financial  and  other  support  to
 terrorists, are prosecuted and punished in state courts with appropriate
 severity.
   §  2.  Subdivision  1  of section 490.05 of the penal law, as added by
 chapter 300 of the laws of 2001, is amended to read as follows:
   1. "Act of terrorism":
   (a) for purposes of this article means: (I) an act or acts  constitut-
 ing  a specified offense as defined in subdivision three of this section
 for which a person may be convicted in the criminal courts of this state
 pursuant to article twenty of the criminal procedure law, or an  act  or
 acts constituting an offense in any other jurisdiction within or outside
 the  territorial  boundaries  of the United States which contains all of
 the essential elements of a specified offense, that is intended to:
   [(i)] (A) intimidate or coerce a civilian population;
   [(ii)] (B) influence the policy of a  unit  of  government  by  intim-
 idation or coercion; or
   [(iii)]  (C)  affect  the  conduct  of a unit of government by murder,
 assassination or kidnapping; or
   (II) THE KNOWING, UNLAWFUL DISCHARGE OF A FIREARM WITH THE  INTENT  TO
 CAUSE  PHYSICAL HARM OR DEATH TO ANOTHER PERSON, OR DAMAGE TO PRIVATE OR
 PUBLIC PROPERTY:
   (A) WITHIN A DISTANCE OF ONE THOUSAND  FEET  FROM  THE  GROUNDS  OF  A
 PUBLIC, PAROCHIAL OR PRIVATE SCHOOL; OR
   (B) WITHIN A DISTANCE OF ONE THOUSAND FEET FROM THE GROUNDS OF A PLACE
 OF WORSHIP; OR
   (C) IN A PLACE OF BUSINESS WITH ONE OR MORE EMPLOYEES; OR
   (D)  WITHIN ONE THOUSAND FEET OF A MASS GATHERING OF MORE THAN TWENTY-
 FIVE PEOPLE.
   (b) for purposes of subparagraph (xiii) of paragraph (a)  of  subdivi-
 sion  one  of  section 125.27 of this chapter means: (I) activities that
 involve a violent act or acts  dangerous  to  human  life  that  are  in
 violation of the criminal laws of this state and are intended to:
   [(i)] (A) intimidate or coerce a civilian population;
   [(ii)]  (B)  influence  the  policy  of a unit of government by intim-
 idation or coercion; or
   [(iii)] (C) affect the conduct of a  unit  of  government  by  murder,
 assassination or kidnapping[.]; OR
   (II)  THE  KNOWING, UNLAWFUL DISCHARGE OF A FIREARM WITH THE INTENT TO
 CAUSE PHYSICAL HARM OR DEATH TO ANOTHER PERSON, OR DAMAGE TO PRIVATE  OR
 PUBLIC PROPERTY:
   (A)  WITHIN  A  DISTANCE  OF  ONE  THOUSAND FEET FROM THE GROUNDS OF A
 PUBLIC, PAROCHIAL OR PRIVATE SCHOOL; OR
   (B) WITHIN A DISTANCE OF ONE THOUSAND FEET FROM THE GROUNDS OF A PLACE
 OF WORSHIP; OR
   (C) IN A PLACE OF BUSINESS WITH ONE OR MORE EMPLOYEES; OR
   (D) WITHIN ONE THOUSAND FEET OF A MASS GATHERING OF MORE THAN  TWENTY-
 FIVE PEOPLE.
   §  3.  Subdivision  1  of section 490.25 of the penal law, as added by
 chapter 300 of the laws of 2001, is amended to read as follows:

 S. 7505--B                         109

   1. A person is guilty of a crime of terrorism  when,  with  intent  to
 intimidate  or  coerce  a civilian population, influence the policy of a
 unit of government by intimidation or coercion, or affect the conduct of
 a unit of government, SCHOOL, HOUSE OF WORSHIP OR BUSINESS OR MASS GATH-
 ERING by murder, assassination or kidnapping, he or she commits a speci-
 fied offense.
   § 4. The executive law is amended by adding a new article 26-A to read
 as follows:
                               ARTICLE 26-A
                    NEW YORK STATE INTELLIGENCE CENTER
 SECTION 730. THE NEW YORK STATE INTELLIGENCE CENTER.
         731. DEFINITIONS.
         732. OPERATION OF CENTER.
         733. COLLECTION OF CRIMINAL INTELLIGENCE INFORMATION.
         734. CONFIDENTIALITY  AND  IMMUNITY  FROM  SERVICE  OF  PROCESS;
                PENALTIES.
         735. RECEIPT OF INFORMATION; IMMUNITY FROM LIABILITY.
         736. COLLECTION OF  INFORMATION  PROHIBITED;  EXCEPTIONS;  OVER-
                SIGHT.
         737. FUSION OPERATION CENTERS OF THE NEW YORK STATE INTELLIGENCE
                CENTER.
   §  730.  THE  NEW  YORK STATE INTELLIGENCE CENTER.  1. THERE IS HEREBY
 ESTABLISHED A NEW YORK STATE INTELLIGENCE  CENTER  IN  THE  DIVISION  OF
 STATE POLICE.
   2.  THE  NEW  YORK  STATE  INTELLIGENCE CENTER SHALL RECEIVE; PROCESS;
 COLLECT; INTEGRATE; EVALUATE; ANALYZE; FUSE; DISSEMINATE;  MAINTAIN  AND
 SHARE  INTELLIGENCE INFORMATION AND OTHER INFORMATION TO SUPPORT GOVERN-
 MENTAL AGENCIES AND  PRIVATE  ORGANIZATIONS  IN  DETECTING,  PREVENTING,
 INVESTIGATING,  RESPONDING TO AND RECOVERING FROM CRIMINAL AND TERRORIST
 ACTIVITY IN COMPLIANCE WITH APPLICABLE STATE AND FEDERAL LAWS, RULES AND
 REGULATIONS.
   3. IT SHALL BE THE MAJOR PURPOSE OF THE NEW  YORK  STATE  INTELLIGENCE
 CENTER TO:
   (A)  RECEIVE,  PROCESS,  COLLECT,  INTEGRATE, EVALUATE, ANALYZE, FUSE,
 DISSEMINATE, MAINTAIN AND SHARE INTELLIGENCE  INFORMATION  IN  A  TIMELY
 MANNER;
   (B)  RECEIVE,  PROCESS,  COLLECT,  INTEGRATE, EVALUATE, ANALYZE, FUSE,
 DISSEMINATE, MAINTAIN AND  SHARE  ALL  TERRORISM  RELATED  INTELLIGENCE;
 CONDUCT  THREAT  AND VULNERABILITY ASSESSMENTS; AND DISSEMINATE INTELLI-
 GENCE ACCORDINGLY;
   (C) ENSURE, AND ENHANCE CONNECTIVITY  OF  FEDERAL,  STATE,  AND  LOCAL
 PARTNERS  TO  THE  NEW  YORK  STATE  INTELLIGENCE  CENTER, AS WELL AS TO
 REGIONAL AND LOCAL FUSION CENTERS IN SUPPORT OF INFORMATION SHARING  AND
 ANALYSIS  IN ACCORDANCE WITH THE NATIONAL STRATEGY FOR INFORMATION SHAR-
 ING AND SAFEGUARDING;
   (D) EXPAND OUTREACH AND INFORMATION-SHARING  EFFORTS  BEYOND  THE  LAW
 ENFORCEMENT  COMMUNITY,  TO  INCLUDE FIRE, PUBLIC HEALTH, EMS, EMERGENCY
 MANAGEMENT, THE PRIVATE SECTOR, AND OTHER RELEVANT AND AFFECTED ENTITIES
 AS INDIVIDUALS IN ACCORDANCE WITH THE NATIONAL STRATEGY FOR  INFORMATION
 SHARING AND SAFEGUARDING;
   (E) AUGMENT PRIVATE SECTOR OUTREACH EFFORTS TO CRITICAL INFRASTRUCTURE
 SECTORS AND AT-RISK BUSINESSES;
   (F)  INCREASE  PUBLIC  AWARENESS  AND  SUSPICIOUS  ACTIVITY  REPORTING
 THROUGH ONGOING OUTREACH AND EDUCATION ON SECURITY  ISSUES,  TO  INCLUDE
 COMMUNITY  ORGANIZATIONS,  PRIVATE  SECURITY  PARTNERS,  AND THE GENERAL
 PUBLIC;

 S. 7505--B                         110
 
   (G) ENHANCE STATEWIDE, REGIONAL AND LOCAL PLANNING EFFORTS  TO  ENSURE
 ONGOING  INFORMATION  SHARING  AND  TO IDENTIFY INFORMATION SHARING GAPS
 THROUGH NEEDS ASSESSMENTS IN ACCORDANCE WITH THE NATIONAL  STRATEGY  FOR
 INFORMATION SHARING AND SAFEGUARDING;
   (H) ENSURE THE PRESENCE AND SECURITY OF INFORMATION, AS WELL AS, TECH-
 NOLOGY  AND  SYSTEMS TO FACILITATE INFORMATION SECURITY, AND APPROPRIATE
 INFORMATION SHARING AND ANALYSIS;
   (I) CONDUCT TRAINING AND EXERCISES  TO  BUILD  AND  TEST  INTELLIGENCE
 COLLECTION  AND MANAGEMENT OF INFORMATION SHARING AND INTELLIGENCE CAPA-
 BILITIES;
   (J) PROMOTE THE HIRING, TRAINING AND USE OF INTELLIGENCE  ANALYSTS  IN
 SUPPORT OF STATE HOMELAND SECURITY STRATEGY;
   (K)  PROVIDE FURTHER SUPPORT TO STATEWIDE AND FEDERAL INITIATIVES THAT
 FOSTER AND PROMOTE THE COLLECTION, MANAGEMENT AND  SAFEGUARDING  OF  THE
 SHARING OF INFORMATION AND INTELLIGENCE;
   (L) FACILITATE THE OBTAINMENT OF SECURITY CLEARANCES FOR KEY PERSONNEL
 AND POLICYMAKERS WHOSE DUTIES REQUIRE ACCESS TO CLASSIFIED INFORMATION;
   (M)  IMPROVE  SITUATIONAL  AWARENESS BY PROVIDING CLASSIFIED BRIEFINGS
 AND INFORMATION TO CLEARED PERSONNEL;
   (N) PREVENT ACTS OF TERRORISM AS DEFINED PURSUANT TO FEDERAL  LAW  AND
 ARTICLE FOUR HUNDRED NINETY OF THE PENAL LAW;
   (O)  EXPAND  INFORMATION  SHARING AND COLLABORATION THROUGH THE ESTAB-
 LISHMENT OF PARTNERSHIPS WITH ACADEMIC INSTITUTIONS INVOLVED IN HOMELAND
 SECURITY, TERRORISM STUDIES, INTELLIGENCE AND RELATED FIELDS OF STUDY.
   § 731. DEFINITIONS. AS USED IN THIS ARTICLE:
   1. "COLLECT" MEANS TO SOLICIT OR RECEIVE.
   2. "INTELLIGENCE INFORMATION" MEANS DATA THAT HAS BEEN  EVALUATED  AND
 DETERMINED  TO  BE  RELEVANT  TO  THE  IDENTIFICATION OF CRIMINAL AND/OR
 TERRORIST ACTIVITY OF INDIVIDUALS OR ORGANIZATIONS THAT  ARE  REASONABLY
 SUSPECTED OF INVOLVEMENT IN SUCH ACTIVITY.
   3. "DIVISION" MEANS DIVISION OF STATE POLICE.
   § 732. OPERATION OF CENTER. 1. THE DIVISION SHALL OPERATE THE NEW YORK
 STATE INTELLIGENCE CENTER UNDER THE DIRECTION OF THE GOVERNOR.
   2.  THE  DIVISION  SHALL  COOPERATE,  SUBJECT  TO APPLICABLE STATE AND
 FEDERAL LAWS, RULES AND REGULATIONS WITH:
   (A) THE DIVISION OF HOMELAND SECURITY AND EMERGENCY SERVICES;
   (B) LOCAL, STATE, OR FEDERAL GOVERNMENT  AGENCIES  INCLUDING  BUT  NOT
 LIMITED TO:
   (I)  REPRESENTATIVES  OF  NEW  YORK  STATE AGENCIES, INCLUDING BUT NOT
 LIMITED TO, THE DIVISION OF HOMELAND SECURITY  AND  EMERGENCY  SERVICES;
 THE  DIVISION  OF MILITARY AND NAVAL AFFAIRS AND ITS COMPONENT COMMANDS;
 THE DEPARTMENT OF EDUCATION; THE METROPOLITAN TRANSPORTATION  AUTHORITY;
 THE  DEPARTMENT  OF  CORRECTIONAL  SERVICES;  THE  DIVISION  OF CRIMINAL
 JUSTICE SERVICES; THE DEPARTMENT OF FINANCIAL SERVICES;  THE  DEPARTMENT
 OF  MOTOR  VEHICLES;  THE DIVISION OF PAROLE; AND SUCH OTHER AND FURTHER
 ENTITIES AS THE SUPERINTENDENT OF STATE POLICE DEEMS PRUDENT;
   (II) REPRESENTATIVES OF LOCAL GOVERNMENT AND  SCHOOLS,  INCLUDING  BUT
 NOT  LIMITED  TO,  THE  POLICE  DEPARTMENT  OF THE CITY OF NEW YORK; THE
 POLICE DEPARTMENT OF THE CITY OF ALBANY; THE POLICE  DEPARTMENT  OF  THE
 CITY  OF  BUFFALO;  THE DEPARTMENT OF EDUCATION OF THE CITY OF NEW YORK;
 THE ALBANY CITY SCHOOL DISTRICT; THE BUFFALO CITY SCHOOL  DISTRICT;  THE
 DEPARTMENT  OF  ENVIRONMENTAL  PROTECTION  OF  THE CITY OF NEW YORK; THE
 SCHENECTADY COUNTY PROBATION DEPARTMENT;  AND  SUCH  OTHER  AND  FURTHER
 ENTITIES AS THE SUPERINTENDENT OF STATE POLICE DEEMS PRUDENT;
   (III) INVITED REPRESENTATIVES OF THE FEDERAL GOVERNMENT, INCLUDING BUT
 NOT  LIMITED  TO, THE UNITED STATES DEPARTMENT OF HOMELAND SECURITY; THE

 S. 7505--B                         111
 
 FEDERAL  BUREAU  OF  INVESTIGATION;  THE  UNITED  STATES  DEPARTMENT  OF
 JUSTICE;  THE  DRUG  ENFORCEMENT  ADMINISTRATION; THE BUREAU OF ALCOHOL,
 TOBACCO, FIREARMS, EXPLOSIVES; THE  UNITED  STATES  BORDER  PATROL;  THE
 UNITED  STATES  CUSTOMS  AND  BORDER  PROTECTION;  U.S.  IMMIGRATION AND
 CUSTOMS ENFORCEMENT; THE SCHOOL SECURITY ADMINISTRATION; THE  OFFICE  OF
 THE  UNITED  STATES  ATTORNEY FOR THE NORTHERN DISTRICT OF NEW YORK; THE
 OFFICE OF THE UNITED STATES ATTORNEY FOR THE SOUTHERN  DISTRICT  OF  NEW
 YORK;  THE OFFICE OF THE UNITED STATES ATTORNEY FOR THE WESTERN DISTRICT
 OF NEW YORK; AND SUCH OTHER AND FURTHER ENTITIES AS  THE  SUPERINTENDENT
 OF STATE POLICE DEEMS PRUDENT; AND
   (C) PRIVATE ORGANIZATIONS.
   §  733.  COLLECTION  OF  INTELLIGENCE  INFORMATION. THE NEW YORK STATE
 INTELLIGENCE CENTER MAY COLLECT INTELLIGENCE INFORMATION IF:
   1. REASONABLE SUSPICION EXISTS THAT THE SUBJECT  OF  THE  INTELLIGENCE
 INFORMATION  IS  INVOLVED  WITH OR HAS KNOWLEDGE OF POSSIBLE CRIMINAL OR
 TERRORIST ACTIVITY; OR
   2. THE INTELLIGENCE INFORMATION IS RELEVANT TO CRIMINAL  OR  TERRORIST
 ACTIVITY  OR  MAY REASONABLY LEAD TO INFORMATION RELEVANT TO CRIMINAL OR
 TERRORIST ACTIVITY.
   § 734. CONFIDENTIALITY AND IMMUNITY FROM SERVICE  OF  PROCESS;  PENAL-
 TIES.  1.  PAPERS, RECORDS, DOCUMENTS, REPORTS, MATERIALS, DATABASES, OR
 OTHER EVIDENCE OR INFORMATION RELATIVE TO INTELLIGENCE OR ANY  TERRORISM
 INVESTIGATION  IN  THE  POSSESSION  OF  THE  NEW YORK STATE INTELLIGENCE
 CENTER SHALL BE CONFIDENTIAL AND SHALL NOT BE SUBJECT TO THE FREEDOM  OF
 INFORMATION LAW. THE DIVISION SHALL CONDUCT AN ANNUAL REVIEW OF INFORMA-
 TION CONTAINED IN ANY DATABASE MAINTAINED BY THE NEW YORK STATE INTELLI-
 GENCE  CENTER. DATA DETERMINED TO NOT HAVE A NEXUS TO TERRORIST ACTIVITY
 SHALL BE REMOVED FROM SUCH DATABASE.  A  REASONABLE  SUSPICION  STANDARD
 SHALL BE APPLIED WHEN DETERMINING WHETHER OR NOT INFORMATION HAS A NEXUS
 TO TERRORIST ACTIVITY.
   2.  NO PERSON, HAVING ACCESS TO INFORMATION MAINTAINED BY THE NEW YORK
 STATE INTELLIGENCE CENTER, SHALL BE  SUBJECT  TO  SUBPOENA  IN  A  CIVIL
 ACTION IN ANY COURT OF THE STATE TO TESTIFY CONCERNING A MATTER OF WHICH
 HE  HAS KNOWLEDGE PURSUANT TO HIS ACCESS TO CRIMINAL INTELLIGENCE INFOR-
 MATION MAINTAINED BY THE NEW YORK STATE INTELLIGENCE CENTER.
   3. NO PERSON OR AGENCY RECEIVING INFORMATION FROM THE NEW  YORK  STATE
 INTELLIGENCE  CENTER SHALL RELEASE OR DISSEMINATE THAT INFORMATION WITH-
 OUT PRIOR AUTHORIZATION FROM THE NEW YORK STATE INTELLIGENCE CENTER.
   4. ANY PERSON WHO KNOWINGLY DISSEMINATES INFORMATION IN  VIOLATION  OF
 THIS SECTION IS GUILTY OF A CLASS D FELONY.
   5.  ANY  PERSON WHO KNOWINGLY DISSEMINATES INFORMATION IN VIOLATION OF
 THIS SECTION IS GUILTY OF A CLASS B FELONY IF SUCH DISSEMINATION RESULTS
 IN DEATH OR SERIOUS BODILY INJURY TO ANOTHER PERSON.
   § 735. RECEIPT OF INFORMATION; IMMUNITY FROM LIABILITY. 1. NO CAUSE OF
 ACTION FOR DEFAMATION, INVASION OF PRIVACY, OR  NEGLIGENCE  SHALL  ARISE
 AGAINST ANY PERSON FOR REASON OF THAT PERSON'S FURNISHING OF INFORMATION
 CONCERNING  ANY  SUSPECTED, ANTICIPATED, OR COMPLETED CRIMINAL VIOLATION
 WHEN THE INFORMATION IS PROVIDED TO OR RECEIVED FROM THE DIVISION OR ANY
 FEDERAL OR STATE GOVERNMENTAL ENTITY ESTABLISHED  FOR  THE  PURPOSES  OF
 DETECTING AND PREVENTING ACTS OF TERRORISM.
   2.  NO PERSON SHALL BE SUBJECT TO SUCH CAUSE OF ACTION FOR COOPERATING
 WITH, OR FURNISHING EVIDENCE  OR  INFORMATION  REGARDING  ANY  SUSPECTED
 CRIMINAL VIOLATION TO, THE DIVISION.
   3.  THIS  SECTION  SHALL  NOT PROVIDE IMMUNITY FOR THOSE DISCLOSING OR
 FURNISHING FALSE INFORMATION WITH MALICE OR WILLFUL INTENT TO INJURE ANY
 PERSON.

 S. 7505--B                         112
 
   4. THIS SECTION DOES NOT ABROGATE OR MODIFY IN ANY WAY COMMON  LAW  OR
 STATUTORY  PRIVILEGE  OR  IMMUNITY  HERETOFORE  ENJOYED BY ANY PERSON OR
 ENTITY.
   § 736. COLLECTION OF INFORMATION PROHIBITED; EXCEPTIONS; OVERSIGHT. 1.
 THE  DIVISION  SHALL  NOT  COLLECT, MAINTAIN OR SHARE WITH ANY OTHER LAW
 ENFORCEMENT AGENCY, INFORMATION ABOUT THE POLITICAL OR RELIGIOUS ASSOCI-
 ATIONS, VIEWS OR ACTIVITIES OF A PERSON UNLESS:
   (A) THE INFORMATION DIRECTLY RELATES TO AN INVESTIGATION  OF  CRIMINAL
 OR TERRORIST ACTIVITY; OR
   (B)  THERE  ARE  REASONABLE GROUNDS TO BELIEVE THAT THE SUBJECT OF THE
 INFORMATION IS INVOLVED IN THE CRIMINAL OR TERRORIST ACTIVITY; OR
   (C) THERE ARE REASONABLE GROUNDS TO BELIEVE THAT THE  SUBJECT  OF  THE
 INFORMATION  WILL  LEAD TO INFORMATION RELEVANT TO CRIMINAL OR TERRORIST
 ACTIVITY.
   2. INFORMATION ABOUT A PERSON'S POLITICAL OR  RELIGIOUS  ASSOCIATIONS,
 VIEWS  OR  ACTIVITIES  THAT  IS  COLLECTED OR MAINTAINED BY THE DIVISION
 SHALL BE DESTROYED IF:
   (A) A CRIMINAL CHARGE, TO WHICH THE INFORMATION IS MATERIAL OR DIRECT-
 LY RELATED, IS NOT BROUGHT AGAINST THE PERSON WITHIN FIVE YEARS FROM THE
 DATE OF THE COLLECTION OF THE INFORMATION;
   (B) A CRIMINAL CHARGE, TO WHICH THE INFORMATION IS MATERIAL OR DIRECT-
 LY RELATED, WAS BROUGHT AND HAS RESULTED  IN  A  DISMISSAL,  FAILURE  TO
 PROSECUTE, OR ACQUITTAL; OR
   (C) THE INFORMATION WAS COLLECTED OR MAINTAINED IN VIOLATION OF SUBDI-
 VISION ONE OF THIS SECTION.
   §  737.  FUSION  OPERATION  CENTERS OF THE NEW YORK STATE INTELLIGENCE
 CENTER.  1. THE NEW YORK STATE INTELLIGENCE CENTER SHALL OPERATE NO LESS
 THAN THREE FUSION OPERATION CENTERS TO  PERFORM  ITS  PROSCRIBED  ROLES,
 DUTIES AND FUNCTIONS AS DESCRIBED IN THIS ARTICLE. SUCH FUSION OPERATION
 CENTERS  SHALL  OPERATE IN ACCORDANCE WITH THIS ARTICLE AND ALL RELEVANT
 FEDERAL LAWS, RULES AND REGULATIONS PERTAINING TO FUSION CENTERS AND THE
 NATIONAL STRATEGY FOR INFORMATION SHARING AND  SAFEGUARDING.  WHERE  ANY
 PORTION  OF  THIS  ARTICLE  SHALL  BE  DEEMED INCONSISTENT WITH RELEVANT
 FEDERAL LAWS, RULES AND REGULATIONS PERTAINING TO FUSION CENTERS AND THE
 NATIONAL STRATEGY FOR INFORMATION SHARING AND SAFEGUARDING,  THE  SUPER-
 INTENDENT  OF  STATE  POLICE,  BY  REGULATION,  MAY AMEND THE PRACTICES,
 ROLES, DUTIES AND FUNCTIONS OF THE NEW YORK STATE INTELLIGENCE CENTER TO
 BE CONSISTENT WITH SUCH FEDERAL LAWS, RULES AND  REGULATIONS  PERTAINING
 TO  FUSION CENTERS AND THE NATIONAL STRATEGY FOR INFORMATION SHARING AND
 SAFEGUARDING, SO AS TO CONTINUE THE SHARING OF INFORMATION AND  INTELLI-
 GENCE WITH FEDERAL AUTHORITIES.
   2.  THE NEW YORK STATE INTELLIGENCE CENTER SHALL OPERATE FUSION OPERA-
 TION CENTERS IN ALBANY COUNTY, ERIE COUNTY, THE CITY OF  NEW  YORK,  AND
 SUCH  OTHER  AND FURTHER LOCATIONS AS THE SUPERINTENDENT OF STATE POLICE
 DEEMS PRUDENT AND WITHIN BUDGET APPROPRIATIONS THEREFOR.
   § 5. If any item, clause, sentence, subparagraph, subdivision, section
 or other part of this act, or the application thereof to any  person  or
 circumstances  shall  be  held  to  be  invalid,  such holding shall not
 affect, impair or invalidate the remainder of this act, or the  applica-
 tion  of  such  section  or part of a section held invalid, to any other
 person or circumstances, but shall be confined in its operation  to  the
 item, clause, sentence, subparagraph, subdivision, section or other part
 of  this  act  directly  involved  in such holding, or to the person and
 circumstances therein involved.
   § 6. This act shall take effect immediately.

 S. 7505--B                         113
 
                                 SUBPART B
 
   Section  1.  Section  2.10 of the criminal procedure law is amended by
 adding a new subdivision 85 to read as follows:
   85. RETIRED POLICE OFFICERS EMPLOYED BY A SCHOOL  DISTRICT,  NONPUBLIC
 SCHOOL,  CHARTER SCHOOL, OR A BOARD OF COOPERATIVE EDUCATIONAL SERVICES,
 AS A SCHOOL RESOURCE OFFICER; PROVIDED, HOWEVER, THAT  NOTHING  IN  THIS
 SUBDIVISION SHALL BE DEEMED TO AUTHORIZE SUCH OFFICER TO CARRY, POSSESS,
 REPAIR  OR  DISPOSE OF A FIREARM UNLESS THE APPROPRIATE LICENSE THEREFOR
 HAS BEEN ISSUED PURSUANT TO SECTION 400.00 OF THE PENAL LAW.
   § 2. This act shall take effect immediately.
 
                                 SUBPART C
 
   Section 1. Subdivision 5 of section 240.60 of the penal law, as  added
 by chapter 561 of the laws of 1999, is amended to read as follows:
   5.  Knowing  the  information  reported,  conveyed or circulated to be
 false or baseless and under circumstances in which it is  likely  public
 alarm  or inconvenience will result, he or she initiates or circulates a
 report or warning of an alleged occurrence or an impending occurrence of
 a fire, an explosion, [or] the release of a hazardous substance,  OR  AN
 INTENTIONAL  ACT OR CONTINUING COURSE OF ACTION THAT WOULD CAUSE SERIOUS
 PHYSICAL HARM TO TEN OR MORE PEOPLE, upon school grounds and it is like-
 ly that persons are present on said grounds.
   § 2. This act shall take effect on the thirtieth day  after  it  shall
 have become a law.
 
                                 SUBPART D
 
   Section  1.  Short title.  This act shall be known and may be cited as
 "Suzanne's Law".
   § 2. The penal law is amended by adding a new section 70.12 to read as
 follows:
 § 70.12 SENTENCE OF IMPRISONMENT FOR A CRIME COMMITTED AGAINST A  PERSON
           ON SCHOOL GROUNDS.
   1. DEFINITION OF A CRIME COMMITTED AGAINST A PERSON ON SCHOOL GROUNDS.
 THE  TERM  "A  CRIME COMMITTED AGAINST A PERSON ON SCHOOL GROUNDS" SHALL
 MEAN ANY CRIME DEFINED IN SECTION 120.05 (ASSAULT IN THE SECOND DEGREE),
 120.06 (GANG ASSAULT IN THE SECOND DEGREE), 120.07 (GANG ASSAULT IN  THE
 FIRST DEGREE), 120.08 (ASSAULT ON A PEACE OFFICER, POLICE OFFICER, FIRE-
 MAN  OR EMERGENCY MEDICAL SERVICES PROFESSIONAL), 120.10 (ASSAULT IN THE
 FIRST DEGREE), 120.11 (AGGRAVATED ASSAULT UPON A  POLICE  OFFICER  OR  A
 PEACE OFFICER), 120.12 (AGGRAVATED ASSAULT UPON A PERSON LESS THAN ELEV-
 EN  YEARS  OLD),  120.13 (MENACING IN THE FIRST DEGREE), 130.25 (RAPE IN
 THE THIRD DEGREE), 130.30 (RAPE IN THE SECOND DEGREE), 130.35  (RAPE  IN
 THE  FIRST  DEGREE),  130.40  (CRIMINAL SEXUAL ACT IN THE THIRD DEGREE),
 130.45 (CRIMINAL SEXUAL ACT IN  THE  SECOND  DEGREE),  130.50  (CRIMINAL
 SEXUAL  ACT  IN  THE  FIRST  DEGREE),  130.65 (SEXUAL ABUSE IN THE FIRST
 DEGREE), 130.66 (AGGRAVATED SEXUAL ABUSE IN THE  THIRD  DEGREE),  130.67
 (AGGRAVATED SEXUAL ABUSE IN THE SECOND DEGREE), 130.70 (AGGRAVATED SEXU-
 AL  ABUSE IN THE FIRST DEGREE), 130.75 (COURSE OF SEXUAL CONDUCT AGAINST
 A CHILD IN THE FIRST DEGREE), 130.80 (COURSE OF SEXUAL CONDUCT AGAINST A
 CHILD IN THE SECOND DEGREE), 130.95 (PREDATORY SEXUAL  ASSAULT),  130.96
 (PREDATORY  SEXUAL  ASSAULT AGAINST A CHILD), 135.10 (UNLAWFUL IMPRISON-
 MENT IN THE FIRST DEGREE), 135.20 (KIDNAPPING  IN  THE  SECOND  DEGREE),
 135.25 (KIDNAPPING IN THE FIRST DEGREE) OR 135.65 (COERCION IN THE FIRST

 S. 7505--B                         114
 
 DEGREE)  OF  THIS CHAPTER, OR ANY ATTEMPT OR CONSPIRACY TO COMMIT ANY OF
 THE FOREGOING CRIMES, WHEN THE CRIME (A) CONSTITUTES A  FELONY  AND  (B)
 OCCURS ON SCHOOL GROUNDS. FOR PURPOSES OF THIS SECTION, "SCHOOL GROUNDS"
 SHALL  MEAN  (I)  IN  OR  ON OR WITHIN ANY BUILDING, STRUCTURE, ATHLETIC
 PLAYING FIELD, PLAYGROUND OR LAND CONTAINED  WITHIN  THE  REAL  PROPERTY
 BOUNDARY  LINE  OF A PUBLIC OR PRIVATE NURSERY SCHOOL, DAYCARE FACILITY,
 ELEMENTARY,  PAROCHIAL,  INTERMEDIATE,  JUNIOR  HIGH,  VOCATIONAL,  HIGH
 SCHOOL,  TRADE  SCHOOL,  JUNIOR  COLLEGE,  COMMUNITY  COLLEGE,  COLLEGE,
 UNIVERSITY OR OTHER INSTITUTION OF HIGHER EDUCATION, OR  (II)  ANY  AREA
 ACCESSIBLE  TO  THE  PUBLIC LOCATED WITHIN ONE THOUSAND FEET OF THE REAL
 PROPERTY BOUNDARY LINE COMPRISING ANY SUCH SCHOOL OR ANY PARKED  AUTOMO-
 BILE  OR  OTHER  PARKED  VEHICLE LOCATED WITHIN ONE THOUSAND FEET OF THE
 REAL PROPERTY BOUNDARY LINE COMPRISING ANY SUCH SCHOOL. FOR THE PURPOSES
 OF THIS SECTION, "AREA ACCESSIBLE TO THE PUBLIC" SHALL  MEAN  SIDEWALKS,
 STREETS, PARKING LOTS, PARKS, PLAYGROUNDS, STORES AND RESTAURANTS.
   2.  AUTHORIZED  SENTENCE.   (A) NOTWITHSTANDING ANY OTHER PROVISION OF
 LAW, WHEN A PERSON IS CONVICTED OF A CRIME COMMITTED AGAINST A PERSON ON
 SCHOOL GROUNDS WHICH IS A CLASS C, D, OR E FELONY, THE  CRIME  SHALL  BE
 DEEMED TO BE ONE CATEGORY HIGHER THAN THE CRIME THE PERSON COMMITTED, OR
 ATTEMPTED OR CONSPIRED TO COMMIT.
   (B)  NOTWITHSTANDING  ANY  OTHER  PROVISION  OF  LAW, WHEN A PERSON IS
 CONVICTED OF A CRIME COMMITTED AGAINST A PERSON ON SCHOOL GROUNDS  WHICH
 IS A CLASS B FELONY:
   (I)  THE  MAXIMUM  TERM OF THE INDETERMINATE SENTENCE MUST BE AT LEAST
 SIX YEARS IF THE DEFENDANT IS SENTENCED PURSUANT  TO  SECTION  70.00  OF
 THIS ARTICLE;
   (II) THE TERM OF THE DETERMINATE SENTENCE MUST BE AT LEAST EIGHT YEARS
 IF THE DEFENDANT IS SENTENCED PURSUANT TO SECTION 70.02 OF THIS ARTICLE;
   (III)  THE  TERM  OF  THE DETERMINATE SENTENCE MUST BE AT LEAST TWELVE
 YEARS IF THE DEFENDANT IS SENTENCED PURSUANT TO SECTION  70.04  OF  THIS
 ARTICLE;
   (IV)  THE  MAXIMUM TERM OF THE INDETERMINATE SENTENCE MUST BE AT LEAST
 FOUR YEARS IF THE DEFENDANT IS SENTENCED PURSUANT TO  SECTION  70.05  OF
 THIS ARTICLE; AND
   (V)  THE MAXIMUM TERM OF THE INDETERMINATE SENTENCE OR THE TERM OF THE
 DETERMINATE SENTENCE MUST BE AT LEAST TEN  YEARS  IF  THE  DEFENDANT  IS
 SENTENCED PURSUANT TO SECTION 70.06 OF THIS ARTICLE.
   § 3. The highway law is amended by adding a new section 318 to read as
 follows:
   §  318.  ASSAULT  AND ABDUCTION FREE SCHOOL ZONE SIGNS. THE STATE, ANY
 POLITICAL SUBDIVISION OF THE STATE AND ANY OTHER PUBLIC OR PRIVATE ENTI-
 TY HAVING JURISDICTION  OVER  ANY  HIGHWAY  WITHIN  SCHOOL  GROUNDS,  AS
 DEFINED  IN SUBDIVISION ONE OF SECTION 70.12 OF THE PENAL LAW, MAY, UPON
 THE REQUEST OF THE APPROPRIATE SCHOOL  AUTHORITY,  PLACE,  CAUSE  TO  BE
 PLACED,  OR  PERMIT TO BE PLACED WITHIN THE RIGHT OF WAY OF SUCH HIGHWAY
 SIGNS INDICATING AN ASSAULT AND ABDUCTION FREE SCHOOL ZONE.
   § 4. This act shall  take  effect  on  the  first  of  September  next
 succeeding the date on which it shall have become a 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

 S. 7505--B                         115
 
 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 D of this Part shall
 be as specifically set forth in the last section of such Subparts.
 
                                 PART HHH
 
   Section 1. Subdivision 3 of section  215  of  the  executive  law,  as
 amended  by  chapter  478  of  the  laws  of 2004, is amended to read as
 follows:
   3. The sworn members of the New York state police shall  be  appointed
 by  the  superintendent  and  permanent appointees may be removed by the
 superintendent only after a hearing.  MEMBERS WHO HAVE BEEN ASSIGNED  OR
 APPOINTED  AS  INVESTIGATORS  OR  SENIOR  INVESTIGATORS IN THE BUREAU OF
 CRIMINAL INVESTIGATION OR AS A STATION COMMANDER, ZONE  COMMANDER,  ZONE
 SERGEANT,  FIRST  SERGEANT,  STAFF  SERGEANT,  CHIEF TECHNICAL SERGEANT,
 TECHNICAL LIEUTENANT, CAPTAIN OR MAJOR FOR A PERIOD OF THREE  CONTINUOUS
 YEARS OR MORE MAY BE REMOVED OR DEMOTED FROM SUCH ASSIGNMENT OR APPOINT-
 MENT ONLY AFTER A HEARING, THE PROCEDURE OF WHICH SHALL BE IN ACCORDANCE
 WITH   REGULATIONS  ADOPTED  BY  THE  SUPERINTENDENT  OF  STATE  POLICE;
 PROVIDED, HOWEVER, THAT A HEARING SHALL NOT BE REQUIRED  WHEN  REDUCTION
 IN  RANK  FROM  SUCH POSITION IS BASED SOLELY ON REASONS OF THE ECONOMY,
 CONSOLIDATION OR ABOLITION OF FUNCTIONS, OR CURTAILMENT  OF  ACTIVITIES.
 No  person  shall  be  appointed to the New York state police force as a
 sworn member unless he or she shall be a citizen of the  United  States,
 between  the ages of twenty-one and twenty-nine years except that in the
 superintendent's discretion, the maximum age may be extended to  thirty-
 five years. Notwithstanding any other provision of law or any general or
 special law to the contrary the time spent on military duty, not exceed-
 ing a total of six years, shall be subtracted from the age of any appli-
 cant  who  has  passed  his or her twenty-ninth birthday, solely for the
 purpose of permitting qualification as to age and for no other  purpose.
 Such  limitations as to age however shall not apply to persons appointed
 to the positions of counsel, first assistant counsel, assistant counsel,
 and assistant deputy superintendent for employee relations  nor  to  any
 person  appointed  to  the  bureau of criminal investigation pursuant to
 section two hundred sixteen of this article  nor  shall  any  person  be
 appointed  unless  he  or  she  has fitness and good moral character and
 shall have passed a physical and mental examination based upon standards
 provided by the rules and regulations of  the  superintendent.  Appoint-
 ments  shall  be  made  for  a probationary period which, in the case of
 appointees required to attend and complete a basic training  program  at
 the  state  police  academy, shall include such time spent attending the
 basic school and terminate one year after successful completion thereof.
 All other sworn members shall be subject to a probationary period of one
 year from the date of appointment. Following satisfactory completion  of
 the  probationary  period  the  member  shall  be a permanent appointee.
 Voluntary resignation or withdrawal  from  the  New  York  state  police
 during  such  appointment  shall  be submitted to the superintendent for
 approval.  Reasonable time shall be required to account for  all  equip-
 ment  issued  or  for debts or obligations to the state to be satisfied.
 Resignation or withdrawal from the division during a time of  emergency,
 so  declared  by  the governor, shall not be approved if contrary to the
 best interest of the state and shall be a misdemeanor. No  sworn  member
 removed  from the New York state police shall be eligible for reappoint-

 S. 7505--B                         116
 
 ment. The superintendent shall make rules  and  regulations  subject  to
 approval  by the governor for the discipline and control of the New York
 state police and for the examination and  qualifications  of  applicants
 for  appointment  as members thereto and such examinations shall be held
 and conducted by the superintendent subject  to  such  rules  and  regu-
 lations.  The  superintendent  is  authorized  to charge a fee of twenty
 dollars as an application fee for any person applying to take a  compet-
 itive examination for the position of trooper, and a fee of five dollars
 for any competitive examination for a civilian position. The superinten-
 dent  shall promulgate regulations subject to the approval of the direc-
 tor of the budget, to provide for a waiver of the application  fee  when
 the  fee  would  cause  an unreasonable hardship on the applicant and to
 establish a fee schedule and charge fees for the  use  of  state  police
 facilities.
   § 2. This act shall take effect immediately.
 
                                 PART III
 
   Section  1. Section 607-c of the retirement and social security law is
 amended by adding a new subdivision g to read as follows:
   G. ANY SHERIFF, DEPUTY SHERIFF, UNDERSHERIFF, OR CORRECTION OFFICER AS
 DEFINED IN SUBDIVISION A OF SECTION SIXTY-THREE-B OF THIS  CHAPTER,  AND
 WHO  IS  EMPLOYED  IN  NASSAU COUNTY, WHO BECOMES PHYSICALLY OR MENTALLY
 INCAPACITATED FOR THE PERFORMANCE OF DUTIES AS THE NATURAL AND PROXIMATE
 RESULT OF AN INJURY, SUSTAINED IN THE PERFORMANCE OR DISCHARGE OF HIS OR
 HER DUTIES BY, OR AS THE NATURAL AND PROXIMATE RESULT OF AN  INTENTIONAL
 OR  RECKLESS  ACT  OF ANY CIVILIAN VISITING, OR OTHERWISE PRESENT AT, AN
 INSTITUTION UNDER THE JURISDICTION OF SUCH COUNTY WHERE SUCH INJURY  WAS
 SUSTAINED  AND  DOCUMENTED AFTER THE ENACTMENT OF THIS SECTION, SHALL BE
 PAID A PERFORMANCE OF DUTY DISABILITY RETIREMENT ALLOWANCE EQUAL TO THAT
 WHICH IS PROVIDED IN SECTION SIXTY-THREE OF THIS CHAPTER, SUBJECT TO THE
 PROVISIONS OF SECTION SIXTY-FOUR OF THIS  CHAPTER.  NOTWITHSTANDING  ANY
 OTHER  PROVISION  OF LAW TO THE CONTRARY, NONE OF THE PROVISIONS OF THIS
 SUBDIVISION SHALL BE SUBJECT TO SECTION TWENTY-FIVE OF THIS CHAPTER.
   § 2.    All  past  service  costs  associated  with  implementing  the
 provisions  of this act will be borne by Nassau county, and may be amor-
 tized over a ten year period.
   § 3. This act shall take effect immediately.
   FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
   This bill will allow any sheriff,  undersheriff,  deputy  sheriff,  or
 correction  officer  employed  by  Nassau  County  to become eligible to
 receive a performance of duty benefit due to the intentional or reckless
 act of a civilian visiting an institution under the jurisdiction of such
 county. The benefit will be 75% of final average  salary  less  worker's
 compensation. Currently, to be eligible for such improved benefit, it is
 required  that  such injuries were sustained as the result of an "act of
 an inmate". Such injuries must be sustained  and  documented  after  the
 enactment of this legislation.
   If this legislation is enacted during the 2018 legislative session, we
 anticipate that there will be an increase in the annual contributions of
 Nassau County of approximately $210,000 for the fiscal year ending March
 31, 2019.
   In  addition  to the annual contributions discussed above, it is esti-
 mated that there will be a past  service  cost  of  approximately  $1.22
 million  which  would  be  borne by Nassau County as a one-time payment.
 This estimate is based on the assumption that payment will  be  made  on

 S. 7505--B                         117
 
 February  1,  2019. If Nassau County elects to amortize this cost over a
 10 year period, the cost for the first year would be $162,000.
   These estimated costs are based on 880 sheriffs, undersheriffs, deputy
 sheriffs  and correction officers employed by Nassau County with a total
 estimated annual salary of approximately $96 million for the fiscal year
 ending March 31, 2017.
   Summary of relevant resources:
   The membership data used in  measuring  the  impact  of  the  proposed
 change  was  the same as that used in the March 31, 2017 actuarial valu-
 ation.  Distributions and other statistics can  be  found  in  the  2017
 Report  of  the  Actuary  and  the  2017  Comprehensive Annual Financial
 Report.
   The actuarial assumptions and methods used are described in the  2015,
 2016 and 2017 Annual Report to the Comptroller on Actuarial Assumptions,
 and  the Codes Rules and Regulations of the State of New York: Audit and
 Control.
   The Market Assets and GASB Disclosures are found in the March 31, 2017
 New York State and Local  Retirement  System  Financial  Statements  and
 Supplementary Information.
   I am a member of the American Academy of Actuaries and meet the Quali-
 fication Standards to render the actuarial opinion contained herein.
   This  estimate,  dated  November  15,  2017, and intended for use only
 during the 2018 Legislative Session, is Fiscal Note No. 2018-8, prepared
 by the Actuary for the New York State and Local Retirement System.
 
                                 PART JJJ
 
   Section 1. Subdivision c of section 500 of the retirement  and  social
 security  law, as amended by section 9-a of part A of chapter 504 of the
 laws of 2009, is amended to read as follows:
   c. If the comptroller certifies that the contribution rate under  this
 article  for  any  participating  employer  who  is participating on the
 effective date hereof would be at least one percent higher than the rate
 which would be applicable to  such  employer  for  an  employee  who  is
 subject  to  article  eleven  of this chapter and who was hired prior to
 July first, nineteen hundred seventy-six, the provisions of this article
 shall not apply with respect to such participating  employer,  provided,
 however  that members who first join the New York state and local police
 and fire retirement system on or after January first, two thousand  ten,
 MEMBERS  WHO FIRST JOIN THE NEW YORK CITY POLICE PENSION FUND OR THE NEW
 YORK CITY FIRE DEPARTMENT PENSION FUND ON  OR  AFTER  APRIL  FIRST,  TWO
 THOUSAND  EIGHTEEN,  AND  POLICE/FIRE MEMBERS AS THAT TERM IS DEFINED IN
 SECTION FIVE HUNDRED ONE OF THIS ARTICLE WHO HAVE MADE AN ELECTION TO BE
 SUBJECT TO THE PROVISIONS OF ARTICLE TWENTY-TWO OF THIS CHAPTER PURSUANT
 TO SUBDIVISION B OF SECTION TWELVE HUNDRED FIVE OF THIS  CHAPTER,  shall
 not  be  subject  to  the provisions of this article. In such event, the
 provisions of article eleven and  article  twenty-two  of  this  chapter
 shall  continue  to be applicable to such participating employer and its
 employees, as provided in section four hundred fifty-one of  this  chap-
 ter.  If,  as a result of actuarial experience, such employer's contrib-
 ution rate should increase to the extent that it is  not  at  least  one
 percent  lower than the contribution rate under this article, then, upon
 certification of such fact by the comptroller, the  provisions  of  this
 subdivision  shall no longer apply with respect to the employees of such
 employer who thereafter first join or rejoin a public retirement system.

 S. 7505--B                         118
 
   § 2. Section 1200 of the retirement and social security law, as  added
 by section 1 of part A of chapter 504 of the laws of 2009, is amended to
 read as follows:
   § 1200. Definitions. For purposes of this article the terms:
   a. "Member" shall mean a person who is employed as a police officer or
 firefighter  by  any  employer OTHER THAN THE CITY OF NEW YORK who first
 joins [the] A retirement system on or after January first, two  thousand
 ten,  A PERSON WHO IS EMPLOYED AS A POLICE OFFICER OR FIREFIGHTER BY THE
 CITY OF NEW YORK WHO FIRST JOINS A RETIREMENT SYSTEM ON OR  AFTER  APRIL
 FIRST,  TWO  THOUSAND  EIGHTEEN, OR A POLICE/FIRE MEMBER AS THAT TERM IS
 DEFINED IN SECTION FIVE HUNDRED ONE OF THIS  CHAPTER  WHO  HAS  MADE  AN
 ELECTION,  PURSUANT  TO  SUBDIVISION B OF SECTION TWELVE HUNDRED FIVE OF
 THIS ARTICLE, TO BE SUBJECT TO THE PROVISIONS OF THIS ARTICLE.
   b. "Retirement system" shall mean the New York state and local  police
 and  fire  retirement  system, THE NEW YORK CITY POLICE PENSION FUND, OR
 THE NEW YORK CITY FIRE DEPARTMENT PENSION FUND.
   § 3. Section 1201 of the retirement and social security law, as  added
 by section 1 of part A of chapter 504 of the laws of 2009, is amended to
 read as follows:
   §  1201.  Applicability.  Notwithstanding  any provision of law to the
 contrary, the provisions of this article  shall  be  applicable  to  all
 [employees  in  the retirement system who first joined such system on or
 after January first, two thousand ten] MEMBERS OF A RETIREMENT SYSTEM AS
 THOSE TERMS ARE DEFINED IN SECTION TWELVE HUNDRED OF THIS ARTICLE.
   § 4. Section 1204 of  the  retirement  and  social  security  law,  as
 amended  by  chapter  18  of  the  laws  of  2012, is amended to read as
 follows:
   §  1204.  Member  contributions.  Members  who  are  subject  to   the
 provisions  of  this  article  shall  contribute three percent of annual
 wages to the retirement system in which  they  have  membership,  except
 that  beginning April first, two thousand thirteen for members who first
 become members of the New York state and local police and  fire  retire-
 ment  system  on  or  after  April first, two thousand twelve; BEGINNING
 APRIL FIRST, TWO THOUSAND EIGHTEEN FOR MEMBERS WHO FIRST BECOME  MEMBERS
 OF  THE  NEW  YORK  CITY  POLICE  PENSION FUND OR THE NEW YORK CITY FIRE
 DEPARTMENT PENSION FUND ON OR AFTER APRIL FIRST, TWO THOUSAND  EIGHTEEN;
 AND  FOR  MEMBERS  WHO  HAVE  MADE  AN  ELECTION  TO  BE  SUBJECT TO THE
 PROVISIONS OF THIS ARTICLE PURSUANT TO SUBDIVISION B OF  SECTION  TWELVE
 HUNDRED  FIVE  OF THIS ARTICLE, BEGINNING ON THE DATE THAT SUCH ELECTION
 IS FILED WITH THE ADMINISTRATIVE HEAD OF THE PENSION FUND, the  rate  at
 which  each such member shall contribute in any current plan year (April
 first to March thirty-first) shall be determined  by  reference  to  the
 wages of such member in the second plan year (April first to March thir-
 ty-first) preceding such current plan year as follows:
   a. members with wages of forty-five thousand dollars per annum or less
 shall contribute three per centum of annual wages;
   b.  members with wages greater than forty-five thousand per annum, but
 not more than fifty-five thousand per annum shall contribute  three  and
 one-half per centum of annual wages;
   c.  members with wages greater than fifty-five thousand per annum, but
 not more than seventy-five thousand per annum shall contribute four  and
 one-half per centum of annual wages;
   d. members with wages greater than seventy-five thousand per annum but
 not  more  than one hundred thousand per annum shall contribute five and
 three-quarters per centum of annual wages; and

 S. 7505--B                         119
 
   e. members with wages greater than  one  hundred  thousand  per  annum
 shall contribute six per centum of annual wages.
   Notwithstanding  the  foregoing,  during  each of the first three plan
 years (April first to March  thirty-first)  in  which  such  member  has
 established membership in [the New York state and local police and fire]
 A retirement system, such member shall contribute a percentage of annual
 wages  in accordance with the preceding schedule based upon a projection
 of annual wages provided by the employer.  Effective  April  first,  two
 thousand  twelve,  all members subject to the provisions of this article
 shall not be required to  make  member  contributions  on  annual  wages
 excluded  from  the  calculation  of  final  average  salary pursuant to
 section [1203] TWELVE HUNDRED THREE of this  article.  Nothing  in  this
 section,  however,  shall  be  construed  or  deemed to allow members to
 receive a refund of any member contributions on such wages paid prior to
 April first, two thousand twelve.
   Members who are enrolled in a retirement plan that limits  the  amount
 of  creditable service a member can accrue shall not be required to make
 contributions pursuant to this section after accruing the maximum amount
 of service credit allowed by the  retirement  plan  in  which  they  are
 enrolled. The state comptroller, OR FOR THE NEW YORK CITY POLICE PENSION
 FUND  AND  THE  NEW YORK CITY FIRE DEPARTMENT PENSION FUND, THE BOARD OF
 TRUSTEES, shall promulgate such regulations  as  may  be  necessary  and
 appropriate  with  respect  to  the  deduction of such contribution from
 members' wages and for the maintenance of any special fund or funds with
 respect to amounts so contributed. In no way shall the  member  contrib-
 utions  made  pursuant  to  this  section be used to provide for pension
 increases or annuities of any kind.
   § 5. Section 1205 of the retirement and social security law, as  added
 by section 1 of part A of chapter 504 of the laws of 2009, is amended to
 read as follows:
   §  1205.  Recalculation  of  benefits.    A. Notwithstanding any other
 provision of law, any member who has joined the NEW YORK STATE AND LOCAL
 POLICE AND FIRE retirement system pursuant to the provisions of  article
 fourteen  of  this chapter on or after July first, two thousand nine may
 elect to have his or her retirement benefits calculated pursuant to this
 article by filing within one hundred twenty days of the  effective  date
 of [this section] THE CHAPTER OF THE LAWS OF TWO THOUSAND EIGHTEEN WHICH
 AMENDED THIS SUBDIVISION a request for such calculation with the retire-
 ment system in the form and manner prescribed by the state comptroller.
   B.  NOTWITHSTANDING  ANY PROVISION TO THE CONTRARY IN SUBDIVISION A OF
 THIS SECTION, OR ANY OTHER PROVISION OF LAW, ANY POLICE/FIRE  MEMBER  AS
 THAT  TERM  IS  DEFINED  IN SECTION FIVE HUNDRED ONE OF THIS CHAPTER MAY
 MAKE AN ELECTION, WHICH SHALL BE IRREVOCABLE AND SHALL BE DULY  EXECUTED
 AND FILED WITH THE ADMINISTRATIVE HEAD OF THE RETIREMENT SYSTEM NO LATER
 THAN  ONE  HUNDRED TWENTY DAYS AFTER THE EFFECTIVE DATE OF THIS SUBDIVI-
 SION, TO BE SUBJECT TO THE PROVISIONS OF THIS ARTICLE AND  HAVE  HIS  OR
 HER  RETIREMENT BENEFITS CALCULATED PURSUANT TO THIS ARTICLE.  NO MEMBER
 CONTRIBUTIONS SHALL BE REFUNDED.
   § 6. Section 1206 of the retirement and social security law, as  added
 by section 1 of part A of chapter 504 of the laws of 2009, is amended to
 read as follows:
   §  1206.  Conflicting provisions. Except as otherwise provided in this
 article, or in conflict therewith, the provisions of article  eleven  of
 this  chapter  AND TITLE THIRTEEN OF THE ADMINISTRATIVE CODE OF THE CITY
 OF NEW YORK, including any plan that has been elected by the employer or
 is otherwise applicable under article eight of  this  chapter  OR  TITLE

 S. 7505--B                         120
 
 THIRTEEN OF THE ADMINISTRATIVE CODE OF THE CITY OF NEW YORK shall govern
 the retirement benefits provided under this article. In the event of any
 conflict  between the provisions of this article and any other provision
 of law, this article shall govern.
   §  7.  Paragraph  2 of subdivision a of section 1207 of the retirement
 and social security law, as added by chapter 303 of the laws of 2017, is
 amended to read as follows:
   2. A member who first joins such system on or after January first, two
 thousand eighteen in active service who has credit for at least one year
 of member service may borrow, no more than once during each twelve month
 period, an amount, not less than one thousand dollars  and  which  would
 not  cause  the  balance  owed  pursuant  to this section, including any
 amounts borrowed then outstanding, to exceed (i) fifty  percent  of  the
 member's  total  contributions  made  pursuant  to section [five hundred
 seventeen of this chapter] TWELVE HUNDRED FOUR OF THIS  ARTICLE  OR  ANY
 OTHER  ARTICLE  OF THIS CHAPTER (including interest credited at the rate
 set forth in subdivision c of such section  five  hundred  seventeen  OF
 THIS  CHAPTER  compounded  annually);  or  (ii)  fifty thousand dollars,
 whichever is less.
   § 8. Section 1209 of the retirement and social security law, as  added
 by chapter 18 of the laws of 2012, is amended to read as follows:
   § 1209. Final average salary.  For members who first become members of
 the  New  York  state  and local police and fire retirement system on or
 after April first, two thousand twelve, MEMBERS WHO FIRST JOIN  THE  NEW
 YORK  CITY  POLICE  PENSION  FUND  OR  THE NEW YORK CITY FIRE DEPARTMENT
 PENSION FUND ON OR AFTER APRIL FIRST, TWO THOUSAND EIGHTEEN, AND MEMBERS
 WHO HAVE MADE AN ELECTION TO BE SUBJECT TO THE PROVISIONS OF THIS  ARTI-
 CLE  PURSUANT  TO  SUBDIVISION  B OF SECTION TWELVE HUNDRED FIVE OF THIS
 ARTICLE, a member's final average salary shall be equal to one-fifth  of
 the  highest  total  wages  earned  by such member during any continuous
 period of employment for which the member was credited with  five  years
 of  service  credit;  provided,  however, if the wages earned during any
 year of credited service included in the period used to determine  final
 average  salary  exceeds  the  average of the wages of the previous four
 years of credited service by more than ten percent, the amount in excess
 of ten percent shall be excluded from the computation of  final  average
 salary. Wages in excess of the annual salary paid to the governor pursu-
 ant  to section three of article four of the state constitution shall be
 excluded from the computation of final average salary  for  members  who
 first  become  members  of  the New York state and local police and fire
 retirement system on or after April first, two thousand twelve.
   § 9. Section 1210 of the retirement and social security law, as  added
 by chapter 18 of the laws of 2012, is amended to read as follows:
   §  1210. Wages.   For members who first become members of the New York
 state and local police and fire retirement  system  on  or  after  April
 first,  two  thousand  twelve,  MEMBERS WHO FIRST JOIN THE NEW YORK CITY
 POLICE PENSION FUND OR THE NEW YORK CITY FIRE DEPARTMENT PENSION FUND ON
 OR AFTER APRIL FIRST, TWO THOUSAND EIGHTEEN, AND MEMBERS WHO  HAVE  MADE
 AN  ELECTION TO BE SUBJECT TO THE PROVISIONS OF THIS ARTICLE PURSUANT TO
 SUBDIVISION B OF SECTION  TWELVE  HUNDRED  FIVE  OF  THIS  ARTICLE,  the
 following  items  shall  not  be included in the definition of wages: a.
 wages in excess of the annual salary paid to the  governor  pursuant  to
 section  three  of  article  four of the state constitution, b. lump sum
 payments for deferred compensation, sick leave, accumulated vacation  or
 other  credits  for  time not worked, c. any form of termination pay, d.
 any additional compensation paid in anticipation of retirement,  and  e.

 S. 7505--B                         121
 
 in  the case of employees who receive wages from three or more employers
 in a twelve month period, the wages paid by the third and  each  succes-
 sive employer.
   § 10. This act shall take effect immediately.
   FISCAL  NOTE.--Pursuant  to  Legislative Law, Section 50: This part of
 S.7505-B would provide that members of the New York City Police and Fire
 Department who are hired after April 1, 2018 are members of  the  Police
 and  Fire Retirement plan provided pursuant to Article 22 of the Retire-
 ment and Social Security Law (otherwise known as "Tier  II").  It  would
 further  provide that current members who were hired on or after January
 1, 2010, have a one-time option  to  make  an  irrevocable  election  to
 become  members  of  Tier II. The purpose of this bill is to give Police
 and Fire members of Tier III and Tier  III-Modified  an  opportunity  to
 transfer to Tier II, which was allowed to expire on 2009.
   There  were 10,780 active members of the New York City FIRE retirement
 system effective June 30, 2015, but the population of  firefighters  who
 are  members  of  Tier  III or Tier III-Modified is unknown based upon a
 review of the FDNY Comprehensive Annual Report ending December 31, 2017.
 For the City Fiscal Year ending June 30, 2017, there are projected to be
 13,163 New York City Police Tier III members.  Hence,  the  total  popu-
 lation  affected  by this legislation is unknown. The number of eligible
 members that will elect to transfer to Tier II is unknown and  how  many
 new hires there will be in both Police and Fire in the short to interme-
 diate term is also unknown.
 
                                 PART KKK
 
   Section  1.  The  volunteer  firefighters'  benefit  law is amended by
 adding a new section 7-b to read as follows:
   § 7-B. PAYMENT OF DEATH BENEFITS. 1. ALL DEATH BENEFITS PAYABLE  UNDER
 SECTION  SEVEN  OF  THIS  ARTICLE SHALL BE PAID TO THE PERSON OR PERSONS
 ENTITLED TO SUCH BENEFIT WITHIN NINETY DAYS OF THE DATE SUCH  PERSON  OR
 PERSONS  FILES  AN  APPLICATION  WITH THE WORKERS' COMPENSATION BOARD TO
 RECEIVE SUCH BENEFIT, EXCEPT IF THE EMPLOYER OR INSURANCE CARRIER  FILES
 A  NOTICE  OF  CONTROVERSY  WITH  THE CHAIR OF THE WORKERS' COMPENSATION
 BOARD IN ACCORDANCE WITH SECTION TWENTY-FIVE  OF  THE  WORKERS'  COMPEN-
 SATION  LAW;  PROVIDED  THAT  IF THERE IS A DISCREPANCY IN THE CLAIM FOR
 BENEFITS THAT WOULD PREVENT THE CLAIM FROM BEING PROCESSED WITHIN NINETY
 DAYS, THE WORKERS' COMPENSATION BOARD SHALL PROVIDE  WRITTEN  NOTICE  TO
 THE  CLAIMANT  WITHIN  SUCH NINETY DAY PERIOD EXPLAINING THE DISCREPANCY
 AND WHY THE CLAIM CANNOT BE PROCESSED WITHIN THE NINETY DAY PERIOD.
   2. THE WORKERS' COMPENSATION BOARD SHALL CONDUCT OUTREACH SERVICES  TO
 PROVIDE  COORDINATED  INFORMATION TO THE PERSON OR PERSONS ENTITLED TO A
 DEATH BENEFIT PAYABLE UNDER SECTION  SEVEN  OF  THIS  ARTICLE  REGARDING
 ASSISTANCE AVAILABLE TO HELP SUCH PERSON OR PERSONS WITH THE DEATH BENE-
 FIT PROGRAM'S APPLICATION PROCEDURES.
   § 2. The volunteer ambulance workers' benefit law is amended by adding
 a new section 7-b to read as follows:
   §  7-B. PAYMENT OF DEATH BENEFITS. 1. ALL DEATH BENEFITS PAYABLE UNDER
 SECTION SEVEN OF THIS ARTICLE SHALL BE PAID TO  THE  PERSON  OR  PERSONS
 ENTITLED  TO  SUCH BENEFIT WITHIN NINETY DAYS OF THE DATE SUCH PERSON OR
 PERSONS FILES AN APPLICATION WITH THE  WORKERS'  COMPENSATION  BOARD  TO
 RECEIVE  SUCH BENEFIT, EXCEPT IF THE EMPLOYER OR INSURANCE CARRIER FILES
 A NOTICE OF CONTROVERSY WITH THE  CHAIR  OF  THE  WORKERS'  COMPENSATION
 BOARD  IN  ACCORDANCE  WITH  SECTION TWENTY-FIVE OF THE WORKERS' COMPEN-
 SATION LAW; PROVIDED THAT IF THERE IS A DISCREPANCY  IN  THE  CLAIM  FOR

 S. 7505--B                         122
 
 BENEFITS THAT WOULD PREVENT THE CLAIM FROM BEING PROCESSED WITHIN NINETY
 DAYS,  THE  WORKERS'  COMPENSATION BOARD SHALL PROVIDE WRITTEN NOTICE TO
 THE CLAIMANT WITHIN SUCH NINETY DAY PERIOD  EXPLAINING  THE  DISCREPANCY
 AND WHY THE CLAIM CANNOT BE PROCESSED WITHIN THE NINETY DAY PERIOD.
   2.  THE WORKERS' COMPENSATION BOARD SHALL CONDUCT OUTREACH SERVICES TO
 PROVIDE COORDINATED INFORMATION TO THE PERSON OR PERSONS ENTITLED  TO  A
 DEATH  BENEFIT  PAYABLE  UNDER  SECTION  SEVEN OF THIS ARTICLE REGARDING
 ASSISTANCE AVAILABLE TO HELP SUCH PERSON OR PERSONS WITH THE DEATH BENE-
 FIT PROGRAM'S APPLICATION PROCEDURES.
   § 3. This act shall take effect immediately.
 
                                 PART LLL
 
   Section 1. The executive law is amended by adding a new  section  45-a
 to read as follows:
   §  45-A.  DECEASED  POLICE  OFFICER, FIREFIGHTER AND EMERGENCY MEDICAL
 SERVICES FAMILY HOUSING ASSISTANCE PROGRAM. 1. FOR THE PURPOSES OF  THIS
 SECTION:
   (A) "DECEASED PUBLIC PROTECTION EMPLOYEE" MEANS: (1) A POLICE OFFICER,
 AS  DEFINED  IN  SUBDIVISION THIRTY-FOUR OF SECTION 1.20 OF THE CRIMINAL
 PROCEDURE LAW WHO DIED AS  THE  NATURAL  AND  PROXIMATE  RESULT  OF  THE
 PERFORMANCE OF HIS OR HER DUTIES AS A POLICE OFFICER;
   (2) A PAID MUNICIPAL FIREFIGHTER WHO DIED AS THE NATURAL AND PROXIMATE
 RESULT OF THE PERFORMANCE OF HIS OR HER DUTIES AS A FIREFIGHTER; OR
   (3) A PAID MEMBER OF A MUNICIPAL EMERGENCY MEDICAL SERVICE WHO DIED AS
 THE NATURAL AND PROXIMATE RESULT OF THE PERFORMANCE OF HIS OR HER DUTIES
 WHILE PROVIDING EMERGENCY MEDICAL SERVICES.
   (B) "DEPARTMENT" MEANS THE DEPARTMENT OF AUDIT AND CONTROL.
   (C)  "FAMILY"  MEANS  THE  SPOUSE  AND/OR  ANY DEPENDENT OF A DECEASED
 PUBLIC PROTECTION EMPLOYEE, WHEN FIFTY-ONE OR MORE PERCENT OF THE INCOME
 FOR THE SUPPORT OF SUCH SPOUSE  AND/OR  DEPENDENT  WAS  ATTRIBUTABLE  TO
 INCOME EARNED BY THE DECEASED PUBLIC PROTECTION EMPLOYEE WHILE HE OR SHE
 WAS ALIVE.
   (D)  "HOUSING  EXPENSE"  MEANS,  THE MONTHLY RENT PAID FOR THE PRIMARY
 RESIDENCE OF THE FAMILY OF A DECEASED PUBLIC PROTECTION EMPLOYEE, OR THE
 MONTHLY PAYMENT UPON A BOND OR NOTE  SECURED  BY  A  MORTGAGE  UPON  THE
 PRIMARY  RESIDENCE OF THE FAMILY OF A DECEASED PUBLIC PROTECTION EMPLOY-
 EE.
   2. THERE SHALL BE ESTABLISHED, IN THE DEPARTMENT, THE DECEASED  POLICE
 OFFICER,  FIREFIGHTER  AND  EMERGENCY  MEDICAL  SERVICES  FAMILY HOUSING
 ASSISTANCE PROGRAM. THE PURPOSE OF SUCH  PROGRAM  SHALL  BE  TO  PROVIDE
 MONTHLY PAYMENTS TO THE FAMILIES OF DECEASED PUBLIC PROTECTION EMPLOYEES
 FOR THEIR HOUSING EXPENSES. PROVIDED THAT:
   (A)  NO  SUCH  MONTHLY  PAYMENT  TO  ANY  FAMILY  OF A DECEASED PUBLIC
 PROTECTION EMPLOYEE SHALL EXCEED ONE THOUSAND DOLLARS;
   (B)  SUCH  MONTHLY  PAYMENTS  TO  ANY  FAMILY  OF  A  DECEASED  PUBLIC
 PROTECTION  EMPLOYEE  SHALL  NOT BE PAID FOR ANY PERIOD IN EXCESS OF TEN
 YEARS;
   (C) NO SUCH MONTHLY PAYMENT SHALL EXCEED  THE  HOUSING  EXPENSE  OF  A
 FAMILY OF A DECEASED PUBLIC PROTECTION EMPLOYEE; AND
   (D)  THE DEPARTMENT SHALL ANNUALLY REVIEW EACH SUCH FAMILY'S ELIGIBIL-
 ITY FOR MONTHLY PAYMENTS PURSUANT TO THIS SECTION.
   3. A FAMILY OF A DECEASED PUBLIC PROTECTION EMPLOYEE  SEEKING  MONTHLY
 PAYMENTS  FOR ITS HOUSING EXPENSES PURSUANT TO THIS SECTION SHALL SUBMIT
 AN APPLICATION TO THE DEPARTMENT IN SUCH FORM AND HAVING SUCH CONTENT AS
 SHALL BE DETERMINED BY THE COMPTROLLER BY  RULE.  THE  DEPARTMENT  SHALL

 S. 7505--B                         123

 THEREAFTER MAKE A DETERMINATION UPON EACH APPLICATION WITHIN THIRTY DAYS
 OF  THE  RECEIPT  THEREOF. IN THE EVENT OF THE DENIAL OF AN APPLICATION,
 THE DEPARTMENT SHALL PROVIDE THE APPLICANT WITH THE  REASON  OR  REASONS
 FOR SUCH DENIAL IN WRITING.
   4. THE COMPTROLLER SHALL PROMULGATE AND IMPLEMENT SUCH RULES AND REGU-
 LATIONS  AS  HE  OR  SHE  SHALL  DEEM  TO  BE NECESSARY TO IMPLEMENT THE
 PROVISIONS OF THIS SECTION.
   § 2. The state finance law is amended by adding a new  section  85  to
 read as follows:
   §  85.  DECEASED  POLICE  OFFICER,  FIREFIGHTER  AND EMERGENCY MEDICAL
 SERVICES FAMILY HOUSING FUND. 1. THERE  IS  HEREBY  ESTABLISHED  IN  THE
 CUSTODY  OF  THE  STATE  COMPTROLLER  A  SPECIAL FUND TO BE KNOWN AS THE
 "DECEASED POLICE OFFICER, FIREFIGHTER  AND  EMERGENCY  MEDICAL  SERVICES
 FAMILY HOUSING FUND".
   2.  SUCH  FUND  SHALL  CONSIST OF ALL MONEYS APPROPRIATED, CREDITED OR
 TRANSFERRED THERETO FROM ANY OTHER FUND OR SOURCE PURSUANT TO  LAW,  AND
 ANY MONEYS CONTRIBUTED OR DONATED THERETO.
   3.  THE  MONEYS OF THE FUND, FOLLOWING APPROPRIATION THEREOF, SHALL BE
 EXPENDED FOR THE PURPOSES OF THE DECEASED  POLICE  OFFICER,  FIREFIGHTER
 AND  EMERGENCY MEDICAL SERVICES FAMILY HOUSING ASSISTANCE PROGRAM ESTAB-
 LISHED PURSUANT TO SECTION FORTY-FIVE-A OF THE EXECUTIVE LAW. MONEYS  OF
 THE  FUND  SHALL BE PAID OUT ON THE AUDIT AND WARRANT OF THE STATE COMP-
 TROLLER ON VOUCHERS CERTIFIED OR APPROVED BY HIM OR HER.
   § 3. This act shall take effect on the one hundred eightieth day after
 it shall have become a law. Effective immediately, the addition,  amend-
 ment and/or repeal of any rule or regulation necessary for the implemen-
 tation  of  this act on its effective date are authorized to be made and
 completed on or before such effective date.
 
                                 PART MMM
 
   Section 1. Short title. This act shall be known and may  be  cited  as
 the "nuclear facility closing workers' protection act".
   §  1-a.  Legislative intent. The closure of Indian Point Nuclear Power
 Plant will have a devastating effect on the local workforce that  relies
 on this facility for employment. This act is intended to ensure that the
 local  workforce  remains  employed  locally.  This  act  shall  not  be
 construed to conflict, interfere, circumvent, or in any manner  abrogate
 existing or future collective bargaining agreements or contracts between
 any  of  the  involved  parties,  or parties that are not subject to the
 project labor agreement.
   § 2. The public service law is amended by adding a new section  28  to
 read as follows:
   §  28. NUCLEAR ELECTRIC PLANTS; CLOSURE OR SALE PLAN. 1. NOT LESS THAN
 EIGHTEEN MONTHS PRIOR TO THE CLOSURE OR SALE OF A NUCLEAR ELECTRIC PLANT
 LOCATED IN WESTCHESTER COUNTY, THE ELECTRIC CORPORATION OWNING,  OPERAT-
 ING OR MANAGING SUCH PLANT SHALL SUBMIT TO THE DEPARTMENT A PLAN DETAIL-
 ING  THE  PROCESS FOR THE CLOSURE OR SALE OF THE NUCLEAR ELECTRIC PLANT.
 SUCH PLAN SHALL INCLUDE (A) DETAILS AND SPECIFICS ON THE ELECTRIC CORPO-
 RATION'S PLAN TO COMPLY WITH ARTICLE TWENTY-FIVE-A OF THE LABOR  LAW  AS
 THEY  APPLY  TO  NUCLEAR  ELECTRIC PLANTS, AND (B) A WORKFORCE RETENTION
 COMPONENT WHICH SHALL  UTILIZE  THE  EXISTING  LABOR  FORCE  DURING  THE
 CLOSURE  AND  DECOMMISSIONING  PERIOD. THE WORKFORCE RETENTION COMPONENT
 SHALL INCLUDE  PROVISIONS  THAT  ANY  CONSTRUCTION  WORK  WHICH  MAY  BE
 PERFORMED  DURING  THE  CLOSURE  AND  DECOMMISSIONING  PERIOD,  SHALL BE
 PERFORMED PURSUANT TO A PROJECT LABOR AGREEMENT, AS DEFINED  IN  SECTION

 S. 7505--B                         124
 
 TWO  HUNDRED  TWENTY-TWO OF THE LABOR LAW, ENTERED INTO WITH A BONA FIDE
 BUILDING AND CONSTRUCTION TRADES LABOR ORGANIZATION HAVING  JURISDICTION
 OVER THE SCOPE OF WORK TO BE PERFORMED.  IN ADDITION, EVERY PLAN SUBMIT-
 TED  PURSUANT  TO  THIS  SECTION  SHALL BE IN SUCH FORM AND CONTAIN SUCH
 INFORMATION AS THE DEPARTMENT SHALL DETERMINE TO BE NECESSARY AND  PROP-
 ER.    FOR  PURPOSES OF THIS SECTION, "CONSTRUCTION WORK" SHALL INCLUDE,
 BUT NOT BE LIMITED TO, ANY DEMOLITION, RECONSTRUCTION, EXCAVATION, REHA-
 BILITATION, REPAIR, INSTALLATION, RENOVATION  OR  ALTERATION,  WHICH  IS
 CUSTOMARILY  PERFORMED  BY  A BUILDING AND CONSTRUCTION TRADES ORGANIZA-
 TION.
   2. NO NUCLEAR ELECTRIC PLANT LOCATED IN WESTCHESTER  COUNTY  SHALL  BE
 CLOSED OR SOLD UNLESS:
   (A) THE PLAN SUBMITTED PURSUANT TO SUBDIVISION ONE OF THIS SECTION, OR
 AN  AMENDED  VERSION  OF SUCH PLAN AS MAY BE REQUIRED BY THE DEPARTMENT,
 SHALL HAVE BEEN APPROVED BY THE DEPARTMENT;
   (B) AFTER THE APPROVAL OF SUCH PLAN PURSUANT TO PARAGRAPH (A) OF  THIS
 SUBDIVISION,  THE  AFFECTED EMPLOYEES SHALL HAVE BEEN PROVIDED NOTICE OF
 EMPLOYMENT LOSS, AS REQUIRED BY SECTION EIGHT  HUNDRED  SIXTY-B  OF  THE
 LABOR LAW, NOT LESS THAN ONE YEAR PRIOR TO SUCH CLOSURE OR SALE;
   (C) THE PLAN APPROVED PURSUANT TO PARAGRAPH (A) OF THIS SUBDIVISION IS
 INCLUDED  AS  A MATERIAL TERM OF EVERY CONTRACT AND PLAN RELATING TO THE
 CLOSURE OF SALE OF THE ELECTRIC PLANT; AND
   (D) THE DEPARTMENT HAS GRANTED ITS APPROVAL OF EVERY CONTRACT OR  PLAN
 PROVIDING FOR THE SALE OR CLOSURE OF THE ELECTRIC PLANT.
   3.  UPON  A  FINDING  OF  THE  DEPARTMENT THAT AN ELECTRIC CORPORATION
 VIOLATED ANY PROVISION OF THIS SECTION, OR THAT ANY PERSON HAS  VIOLATED
 THE  PROVISIONS  OF  A  PLAN  APPROVED  PURSUANT  TO  THIS  SECTION, ALL
 CONTRACTS AND PLANS RELATING TO THE CLOSURE OR SALE OF THE NUCLEAR ELEC-
 TRIC PLANT BY THE ELECTRIC CORPORATION SHALL BE DEEMED  NULL  AND  VOID,
 AND  SUCH CORPORATION OR PERSON, AFTER NOTICE AND HEARING, MAY BE LIABLE
 FOR A CIVIL FINE OF NOT LESS THAN FIVE MILLION DOLLARS TO BE IMPOSED  BY
 THE DEPARTMENT.
   §  3.  Section  860-a  of  the  labor law is amended by adding two new
 subdivisions 1-a and 1-b to read as follows:
   1-A. "ELECTRIC CORPORATION" SHALL HAVE THE SAME MEANING AS PROVIDED IN
 SUBDIVISION THIRTEEN OF SECTION TWO OF THE PUBLIC SERVICE LAW, BUT SHALL
 ONLY APPLY TO AN "ELECTRIC CORPORATION" LOCATED IN WESTCHESTER COUNTY.
   1-B. "ELECTRIC PLANT" SHALL HAVE  THE  SAME  MEANING  AS  PROVIDED  IN
 SUBDIVISION  TWELVE  OF SECTION TWO OF THE PUBLIC SERVICE LAW, BUT SHALL
 ONLY APPLY TO AN "ELECTRIC PLANT" LOCATED IN WESTCHESTER COUNTY.
   § 4. Section 860-b of the labor law is amended by adding a new  subdi-
 vision 1-a to read as follows:
   1-A.  NOTWITHSTANDING  THE  PROVISIONS  OF  SUBDIVISION  ONE  OF  THIS
 SECTION, IN THE CASE OF AN EMPLOYER  THAT  IS  AN  ELECTRIC  CORPORATION
 OWNING, OPERATING OR MAINTAINING A NUCLEAR ELECTRIC PLANT, SUCH EMPLOYER
 SHALL  NOT  ORDER A MASS LAYOFF, RELOCATION OR EMPLOYMENT LOSS UNTIL ITS
 PLAN TO IMPLEMENT  THE  PROVISIONS  OF  THIS  ARTICLE  SHALL  HAVE  BEEN
 APPROVED  BY  THE DEPARTMENT OF PUBLIC SERVICE PURSUANT TO SECTION TWEN-
 TY-EIGHT OF THE PUBLIC SERVICE LAW, AND THEREAFTER, AT  LEAST  ONE  YEAR
 BEFORE THE ORDER TAKES EFFECT, SUCH EMPLOYER GIVES WRITTEN NOTICE OF THE
 ORDER TO THE FOLLOWING:
   (A) AFFECTED EMPLOYEES AND THE REPRESENTATIVES OF THE AFFECTED EMPLOY-
 EES;
   (B) THE DEPARTMENT; AND

 S. 7505--B                         125
 
   (C)  THE LOCAL WORKFORCE INVESTMENT BOARDS ESTABLISHED PURSUANT TO THE
 FEDERAL WORKFORCE INVESTMENT ACT (P.L.  105-220)  FOR  THE  LOCALITY  IN
 WHICH THE MASS LAYOFF, RELOCATION OR EMPLOYMENT LOSS WILL OCCUR.
   §  5.  Subdivision  3  of  section 860-b of the labor law, as added by
 chapter 475 of the laws of 2008, is amended to read as follows:
   3. Notwithstanding the requirements of subdivision  one  OR  ONE-A  of
 this  section,  an  employer is not required to provide notice if a mass
 layoff, relocation, or employment loss is  necessitated  by  a  physical
 calamity or an act of terrorism or war.
   §  6.  The  opening paragraph of subdivision 1 of section 860-g of the
 labor law, as added by chapter 475 of the laws of 2008,  is  amended  to
 read as follows:
   An  employer  who fails to give notice as required by paragraph (a) of
 subdivision one OR PARAGRAPH (A) OF SUBDIVISION ONE-A of  section  eight
 hundred  sixty-b  of  this  article before ordering a mass layoff, relo-
 cation, or employment loss is liable to each employee entitled to notice
 who lost his or her employment for:
   § 7. Section 860-h of the labor law is amended by adding a new  subdi-
 vision 5 to read as follows:
   5.  NOTWITHSTANDING ANY OTHER PROVISION OF THIS SECTION TO THE CONTRA-
 RY, IF AN EMPLOYER THAT IS AN ELECTRIC CORPORATION OWNING, OPERATING  OR
 MAINTAINING  A  NUCLEAR  ELECTRIC  PLANT  VIOLATES ANY PROVISION OF THIS
 ARTICLE, SUCH CORPORATION, AFTER NOTICE AND HEARING, MAY BE LIABLE FOR A
 CIVIL FINE OF NOT LESS THAN FIVE MILLION DOLLARS TO BE  IMPOSED  BY  THE
 DEPARTMENT.
   § 8. The labor law is amended by adding a new section 860-j to read as
 follows:
   § 860-J. EMPLOYMENT LOSS AT A NUCLEAR ELECTRIC PLANT.  1. THE ELECTRIC
 CORPORATION OWNING, OPERATING OR MAINTAINING A NUCLEAR ELECTRIC PLANT AT
 WHICH  THERE WILL BE A MASS LAYOFF, RELOCATION OR EMPLOYMENT LOSS, SHALL
 WITHIN TEN DAYS OF PROVIDING  NOTICE  THEREOF  PURSUANT  TO  SUBDIVISION
 ONE-A OF SECTION EIGHT HUNDRED SIXTY-B OF THIS ARTICLE SHALL CAUSE TO BE
 CONDUCTED  AND  COMPLETED  AN  EXTENSIVE HEALTH SCREENING, IN ACCORDANCE
 WITH THE REGULATIONS OF THE COMMISSIONER OF HEALTH,  OF  ALL  EMPLOYEES,
 CONTRACTORS  AND  SUBCONTRACTORS  WORKING  AT  SUCH  PLANT.  SUCH HEALTH
 SCREENING SHALL INCLUDE GENERAL  HEALTH  SCREENING,  AND  SCREENING  FOR
 DISEASES  AND  CONDITIONS  RELATED  TO  EMPLOYMENT IN A NUCLEAR ELECTRIC
 PLANT.
   2. EACH ELECTRIC CORPORATION OWNING, OPERATING OR MAINTAINING A NUCLE-
 AR ELECTRIC PLANT AT WHICH THERE WILL BE A MASS  LAYOFF,  RELOCATION  OR
 EMPLOYMENT  LOSS  SHALL  ESTABLISH  AND  OPERATE  EMPLOYMENT  RETRAINING
 PROGRAMS FOR ALL  EMPLOYEES,  CONTRACTORS  AND  SUBCONTRACTORS  WHO  ARE
 AFFECTED  BY  AN  EMPLOYMENT  LOSS.  SUCH  PROGRAMS  SHALL BE CONDUCTED,
 SUBJECT TO THE SUPERVISION OF THE DEPARTMENT, DURING THE ONE-YEAR NOTICE
 PERIOD PROVIDED FOR  IN  SUBDIVISION  ONE-A  OF  SECTION  EIGHT  HUNDRED
 SIXTY-B  OF  THIS  ARTICLE.  FURTHERMORE,  TRAINING SHALL BE PROVIDED TO
 ACQUIRE ANY NECESSARY SKILLS AND CERTIFICATIONS FOR  EMPLOYMENT  BY  ANY
 ENTITY WHICH IS ENGAGED IN THE CLOSURE OR DECOMMISSIONING OF THE NUCLEAR
 ELECTRIC  PLANT.  EVERY  PERSON  WHO COMPLETES TRAINING PURSUANT TO THIS
 SUBDIVISION SHALL BE GRANTED AN EMPLOYEE PREFERENCE.
   § 9. Subdivision 1 of section 206 of the public health law is  amended
 by adding a new paragraph (w) to read as follows:
   (W) BY RULE AND REGULATION, ESTABLISH STANDARDS AND GUIDELINES FOR THE
 EXTENSIVE  HEALTH  SCREENINGS  OF  PERSONS  WORKING  IN NUCLEAR ELECTRIC
 PLANTS, REQUIRED BY SUBDIVISION ONE OF SECTION EIGHT HUNDRED SIXTY-J  OF
 THE LABOR LAW.

 S. 7505--B                         126
 
   §  10.  The New York state energy research development authority shall
 finance the employment retraining programs required pursuant to  section
 860-j  of  the  labor  law  through  any funds such authority maintains,
 including but not limited to, the market development  portfolio  of  the
 clean  energy fund. Provided, however, such authority shall not increase
 or collect additional fees, rentals, penalties or other charges  author-
 ized  and  in  existence prior to the effective date of this act for the
 financing of such programs.
   § 11. This act shall take effect immediately.
 
                                 PART NNN
 
   Section 1. Section 106  of  the  alcoholic  beverage  control  law  is
 amended by adding a new subdivision 18 to read as follows:
   18.  REMOVAL  OF  ALCOHOL  FROM  A  LICENSED PREMISES IN A LEISURE AND
 RECREATION DISTRICT. NOTWITHSTANDING ANY LAW, RULE, OR REGULATION TO THE
 CONTRARY, ANY HOLDER OF A LICENSE TO  SELL  ALCOHOLIC  BEVERAGES  ISSUED
 UNDER  SECTIONS  FIFTY-ONE, FIFTY-ONE-A, FIFTY-FIVE, FIFTY-EIGHT, FIFTY-
 EIGHT-A,    SIXTY-ONE,    SIXTY-FOUR,    SIXTY-FOUR-A,     SIXTY-FOUR-C,
 SIXTY-FOUR-D,  SEVENTY-SIX, SEVENTY-SIX-A, SEVENTY-SIX-C, SEVENTY-SIX-D,
 EIGHTY-ONE AND EIGHTY-ONE-A OF THIS CHAPTER OR  A  PERMIT  ISSUED  UNDER
 SECTIONS  NINETY-SEVEN,  NINETY-SEVEN-A AND NINETY-EIGHT OF THIS CHAPTER
 MAY SELL OR OTHERWISE PROVIDE ALCOHOLIC BEVERAGES TO  A  PATRON  OF  THE
 LICENSE  HOLDER  IN  THE MANNER AUTHORIZED IN THE LICENSE AND THE PATRON
 MAY REMOVE AN OPEN GLASS, CUP OR OTHER CONTAINER  OF  THE  BEER,  CIDER,
 LIQUOR;  OR  WINE FROM THE LICENSED PREMISES AND MAY POSSESS AND CONSUME
 THE BEER, CIDER, LIQUOR, OR WINE OUTSIDE OF THE  LICENSED  PREMISES  IF:
 (A)  THE  LICENSED  PREMISES  IS LOCATED WITHIN A LEISURE AND RECREATION
 DISTRICT AND (B) THE PATRON REMAINS IN POSSESSION OF  THE  BEER,  CIDER,
 LIQUOR,  OR  WINE  WITHIN  THE  BOUNDARIES OF THE LEISURE AND RECREATION
 DISTRICT IN WHICH THEY OBTAINED THE BEVERAGE. NOTHING CONTAINED IN  THIS
 SECTION  SHALL  RESTRICT  THE  PRIVILEGES FOR A LICENSEE OR PERMITTEE TO
 SELL BEER FOR CONSUMPTION OFF-PREMISES.
   § 2. Section 3 of the alcoholic beverage control  law  is  amended  by
 adding a new subdivision 16 to read as follows:
   16.  "LEISURE  AND  RECREATION DISTRICT" SHALL MEAN AN AREA OFFICIALLY
 DESIGNATED BY LOCAL LAW OF THE GOVERNING BODY OF  A  MUNICIPALITY  AS  A
 LEISURE AND RECREATION DISTRICT.
   § 3. The general municipal law is amended by adding a new section 72-s
 to read as follows:
   §  72-S.  DESIGNATION  OF LEISURE AND RECREATION DISTRICTS. SUBJECT TO
 THE PROVISIONS OF THIS SECTION, THE GOVERNING BODY OF A MUNICIPALITY, AS
 DEFINED IN SUBDIVISION THREE OF SECTION  TWO  HUNDRED  THIRTY-NINE-B  OF
 THIS  CHAPTER, MAY ESTABLISH BY LOCAL LAW ONE OR MORE LEISURE AND RECRE-
 ATION DISTRICTS WITHIN THE CORPORATE BOUNDARIES OF THE MUNICIPALITY  AND
 DESIGNATE  THE  GEOGRAPHIC  AREA  OR  AREAS  TO  BE  INCLUDED WITHIN THE
 DISTRICT. THE GOVERNING BODY OF A MUNICIPALITY, BY LOCAL LAW MAY  MODIFY
 THE  BOUNDARIES OF A LEISURE AND RECREATION DISTRICT. THE GOVERNING BODY
 OF A MUNICIPALITY SHALL PROVIDE THAT  INDIVIDUALS  POSSESSING  ALCOHOLIC
 BEVERAGES WITHIN THE LEISURE AND RECREATION DISTRICT MAY NOT REMOVE THEM
 FROM THE LEISURE AND RECREATION DISTRICT AND SHALL BE SUBJECT TO A CIVIL
 PENALTY  IF  THEY REMOVE ALCOHOLIC BEVERAGES FROM THE LEISURE AND RECRE-
 ATION DISTRICT UNLESS SUCH BEVERAGES  WERE  PURCHASED  FOR  OFF-PREMISES
 CONSUMPTION.
   § 4. This act shall take effect immediately.

 S. 7505--B                         127
 
                                 PART OOO
 
   Section  1. Subdivision 1 of section 37 of the town law, as amended by
 chapter 708 of the laws of 1992, is amended to read as follows:
   1. The receiver of taxes and assessments, if the office  be  elective,
 shall hold no other elective public office. Except as otherwise provided
 in section twenty-five hundred six of the education law, he OR SHE shall
 have  and  possess  and  exercise  in  the  manner  and  within the time
 prescribed by law all the rights,  powers,  authority  and  jurisdiction
 possessed  and  exercised  by  the  town  tax  collector  and the school
 district collectors in the town of which he OR SHE is receiver of  taxes
 and  assessments  and he OR SHE shall be subject to all of the duties of
 such officers. Except  as  otherwise  provided  in  section  twenty-five
 hundred  six  of the education law, and unless [there has been an agree-
 ment between the town board and the school board to the  contrary,]  THE
 SCHOOL  BOARD  ADVISES THE TOWN'S RECEIVER OF TAXES IN WRITING BY CERTI-
 FIED MAIL, RETURN RECEIPT REQUESTED, BY NO LATER THAN SEPTEMBER FIRST OF
 EACH YEAR PRIOR TO COLLECTING ITS OWN TAXES, it shall  be  the  duty  of
 such receiver of taxes and assessments to receive and collect all state,
 county, town and school taxes, and all assessments that may be levied or
 assessed  in the town, and all fees thereon prescribed by law, including
 all other moneys provided by law to be paid to the town tax collector or
 school district collectors, except that the town board of a town may  by
 resolution  authorize  the  receiver of taxes and assessments to receive
 taxes for thirty days after the first day specified in  the  notice  for
 the  payment  of such taxes, at a charge of not more than one per centum
 upon such taxes or without additional charge, and except that  the  town
 board  of  a  town may by resolution authorize the receiver of taxes and
 assessments to receive  taxes  heretofore  payable  to  school  district
 collectors after the expiration of such thirty day period with such fee,
 not  more  than five per centum upon such taxes, as the town board shall
 determine and specify in such  resolution.  Upon  the  passage  of  such
 resolution,  the  town  board  shall  determine  and  fix  the fee to be
 collected upon such taxes. Except as  otherwise  provided  by  law,  the
 receiver  of  taxes  shall  receive  and  collect all water rates, sewer
 rentals, permit fees and other fees and charges payable  to  said  town.
 Except  as  otherwise  provided  by  this section, all fees, interest or
 penalties collected by him OR HER upon any tax or assessment  heretofore
 payable  to the town tax collector, or school district collectors, shall
 belong to the town. Except as otherwise  permitted  by  section  fifteen
 hundred  eighty-eight  of the real property tax law, such receiver shall
 enter daily in a suitable book or books a record of all moneys  received
 by  him  OR HER and such book or books shall be public records and shall
 be open during office hours to  public  inspection.  Within  twenty-four
 hours  after  receiving the same, he OR SHE shall deposit and secure all
 sums of money received and collected by him OR HER to the credit of  the
 supervisor  in  or  with  a bank or trust company designated by the town
 board and notify the supervisor thereof, except that all school district
 moneys collected shall be deposited to the credit of the school district
 in such bank or banks as may be designated from  time  to  time  by  the
 boards of education or trustees of the school districts, and except that
 after  payment to the supervisor in full of all moneys payable to him OR
 HER pursuant to any warrant for the collection of taxes, the residue, if
 any, shall be deposited to the credit  of  the  receiver  of  taxes  and
 assessments, in such banks or trust companies as have been designated by
 the  town  board in the type of account specified by such board and such

 S. 7505--B                         128
 
 moneys shall be  paid  to  the  county  treasurer  not  later  than  the
 fifteenth  day  of  each  month  following the receipt thereof, and upon
 expiration of such warrant the receiver shall comply with the provisions
 of  section  nine hundred forty of the real property tax law. In lieu of
 the aforesaid immediate deposit of school district moneys to the  credit
 of  the  school  districts,  the  receiver  of taxes and assessments may
 deposit such school district moneys to his OR HER own credit as receiver
 of taxes and assessments in the same account or accounts which he OR SHE
 uses for depositing and disbursing county  tax  moneys;  provided  that,
 within  five days after so depositing such school district moneys, he OR
 SHE shall make appropriate distribution thereof by depositing  appropri-
 ate  sums to the credit of the school district as hereinbefore provided.
 Notwithstanding the foregoing  provisions  of  this  section,  the  town
 board,  by  resolution, may direct the receiver of taxes and assessments
 to deposit and secure in the manner  provided  by  section  ten  of  the
 general  municipal  law,  in  his  OR  HER name as receiver of taxes and
 assessments, within twenty-four hours after receipt thereof, all  moneys
 collected by him OR HER which are due to the supervisor. All such moneys
 so  deposited  shall  be  paid to the supervisor at such times as may be
 specified in such resolution, but in no event later than  the  fifteenth
 day  of  each  month  following  the receipt thereof. The town board may
 require that any moneys deposited to the credit of the receiver pursuant
 to this subdivision be deposited in an  interest  bearing  account.  The
 interest  earned  on tax moneys so deposited, collected on behalf of the
 state, county, any school district or special district, shall belong  to
 the taxing entity for which such moneys were collected unless such enti-
 ty  has, by statute in the case of the state or otherwise by resolution,
 authorized the town to credit all or a percentage of  such  interest  to
 the  general  fund  of  the  town.  Upon the adoption of such statute or
 resolution, the taxing entity shall notify, in writing, all town  super-
 visors of the percentage of interest the town is authorized to credit to
 its  general  fund.  The  provisions  of  this subdivision regarding the
 deposit of moneys and crediting of interest  shall  be  controlling  and
 shall apply to each town, notwithstanding any inconsistent provisions of
 any general, special or local law.
   § 2. This act shall take effect immediately.

                                 PART PPP
 
   Section 1. Paragraph b of subdivision 13 of section 1950 of the educa-
 tion law, as added by chapter 33 of the laws of 1976, is amended to read
 as follows:
   b.  The  acquisition  of such facilities is hereby declared and deter-
 mined to be a school district purpose and an object or purpose for which
 each such component school district is hereby authorized to expend money
 and contract indebtedness. The period of  probable  usefulness  of  such
 object  or  purpose  is  hereby determined to be thirty years. Each such
 component school district is hereby authorized to finance its  share  of
 the cost of the acquisition of such facilities together with costs inci-
 dental  to  such  financing,  including,  but not limited to legal fees,
 printing, engraving and publication of notices, either from any  current
 funds  legally  available  therefor,  or  by the issuance of obligations
 pursuant to the local finance law; provided, however,  THAT  SUBJECT  TO
 THE  APPROVAL  OF  THE  QUALIFIED VOTERS, THE SCHOOL DISTRICT'S SHARE OF
 CAPITAL LOCAL EXPENDITURES APPROVED BY THE BOARD  OF  EDUCATION  OF  THE
 BOARD  OF  COOPERATIVE  EDUCATIONAL SERVICES, AS DEFINED IN SUBPARAGRAPH

 S. 7505--B                         129
 
 (II) OF PARAGRAPH C OF SUBDIVISION TWO OF SECTION TWO  THOUSAND  TWENTY-
 THREE-A  OF  THIS  TITLE, SHALL NOT BE INCLUDED IN SUCH COMPONENT SCHOOL
 DISTRICT'S TAX LEVY PURSUANT TO SUCH PARAGRAPH. PROVIDED, FURTHER,  that
 (i) no approval of the voters of such component school district shall be
 required,  (ii)  the voting of a special tax or a tax to be collected in
 installments shall not be a condition precedent to  the  adoption  of  a
 bond resolution for such object or purpose, (iii) a majority vote of the
 entire voting strength of the board of education shall be sufficient for
 adoption of such a bond resolution, which bond resolution may be adopted
 at  a  regular  meeting,  or a special meeting of the board of education
 called on not less than twelve hours oral or written notice,  which  may
 be  held  either  within or outside of such district, (iv) any such bond
 resolution shall take effect immediately and shall not be subject either
 to a mandatory or permissive referendum, and (v) no such bond resolution
 shall be adopted prior to the execution  by  the  board  of  cooperative
 educational services and the component school districts of such board of
 cooperative  educational services of the agreement required by paragraph
 a of this subdivision.
   § 2. Paragraph c of subdivision 2 of section 2023-a of  the  education
 law, as amended by section 1 of subpart C of part C of chapter 20 of the
 laws of 2015, is amended to read as follows:
   c.  "Capital  local  expenditures" means (I) the taxes associated with
 budgeted expenditures resulting from the financing, refinancing,  acqui-
 sition,  design,  construction, reconstruction, rehabilitation, improve-
 ment, furnishing and equipping of, or  otherwise  providing  for  school
 district  capital  facilities  or  school  district  capital  equipment,
 including debt service and lease expenditures, and transportation  capi-
 tal  debt service, subject to the approval of the qualified voters where
 required by law; AND (II) THE SCHOOL DISTRICT'S SHARE OF  CAPITAL  LOCAL
 EXPENDITURES,  AS  DEFINED IN SUBPARAGRAPH (I) OF THIS PARAGRAPH, OF THE
 BOARD OF COOPERATIVE EDUCATIONAL SERVICES OF WHICH THE  SCHOOL  DISTRICT
 IS  A  COMPONENT,  AS  AUTHORIZED PURSUANT TO PARAGRAPH B OF SUBDIVISION
 THIRTEEN OF SECTION NINETEEN HUNDRED FIFTY OF THIS TITLE.  [The  commis-
 sioner  of  taxation and finance shall, as appropriate, promulgate rules
 and regulations which  may  provide  for  adjustment  of  capital  local
 expenditures to reflect a school district's share of additional budgeted
 capital   expenditures  made  by  a  board  of  cooperative  educational
 services.]
   § 3. This act shall take effect immediately; provided that the  amend-
 ments  to  section  2023-a  of the education law, made by section two of
 this act, shall not affect the expiration and repeal  of  such  section,
 and shall expire and be deemed repealed therewith.
 
                                 PART QQQ
 
   Section  1.  Subparagraph  (i)  of  paragraph  (b) of subdivision 3 of
 section 3-c of the general municipal law, as amended  by  section  2  of
 subpart  C  of  part  C of chapter 20 of the laws of 2015, is amended to
 read as follows:
   (i) The commissioner of taxation and finance shall calculate a quanti-
 ty change factor for each local government for the  coming  fiscal  year
 based upon the physical or quantity change, as defined by section twelve
 hundred twenty of the real property tax law, reported to the commission-
 er  of  taxation  and  finance  by the assessor or assessors pursuant to
 section five hundred seventy-five of the  real  property  tax  law.  The
 quantity change factor shall show the percentage by which the full value

 S. 7505--B                         130
 
 of  the taxable real property in the local government has changed due to
 physical or quantity change between the second final assessment roll  or
 rolls  preceding the final assessment roll or rolls upon which taxes are
 to be levied, and the final assessment roll or rolls immediately preced-
 ing  the  final  assessment  roll  or  rolls  upon which taxes are to be
 levied[. The commissioner of taxation and finance shall, as appropriate,
 promulgate rules and regulations regarding the calculation of the  quan-
 tity  change factor which may adjust the calculation based on the devel-
 opment on tax exempt land], AND SHALL INCLUDE  THE  CHANGE  IN  ASSESSED
 VALUE  FOR  EACH  PROPERTY  ON  THE EXEMPT SIDE OF THE TAX ROLLS UNDER A
 PAYMENT IN LIEU OF TAX AGREEMENT.
   § 2. Paragraph b of subdivision 2-a of section 2023-a of the education
 law, as amended by section 3 of subpart C of part C of chapter 20 of the
 laws of 2015, is amended to read as follows:
   b. The commissioner of taxation and finance shall calculate a quantity
 change factor for the coming school year for each school district  based
 upon  the  physical  or  quantity  change,  as defined by section twelve
 hundred twenty of the real property tax law, reported to the commission-
 er of taxation and finance by the  assessor  or  assessors  pursuant  to
 section  five  hundred  seventy-five  of  the real property tax law. The
 quantity change factor shall show the percentage by which the full value
 of the taxable real property in the school district has changed  due  to
 physical  or quantity change between the second final assessment roll or
 rolls preceding the final assessment roll or rolls upon which taxes  are
 to be levied, and the final assessment roll or rolls immediately preced-
 ing  the  final  assessment  roll  or  rolls  upon which taxes are to be
 levied[. The commissioner of taxation and finance shall, as appropriate,
 promulgate rules and regulations regarding the calculation of the  quan-
 tity  change factor which may adjust the calculation based on the devel-
 opment on tax exempt land], AND SHALL INCLUDE  THE  CHANGE  IN  ASSESSED
 VALUE  FOR  EACH  PROPERTY  ON  THE EXEMPT SIDE OF THE TAX ROLLS UNDER A
 PAYMENT IN LIEU OF TAX AGREEMENT.
   § 3. This act shall take effect on the one hundred twentieth day after
 it shall have become a law, provided, however, that  the  amendments  to
 section  3-c  of  the  general  municipal  law and section 2023-a of the
 education law made by sections one and two of  this  act,  respectively,
 shall  not  affect  the  repeal  of  such  sections  and shall be deemed
 repealed  therewith.  Effective  immediately,  the  addition,  amendment
 and/or  repeal of any rules or regulations necessary for the implementa-
 tion of this act on its effective date are authorized to be made  on  or
 before such effective date.
 
                                 PART RRR
 
   Section  1.  Paragraphs (a) and (b) of subdivision 6 of section 202 of
 the state administrative procedure act, paragraph (a) as added by  chap-
 ter  17  of the laws of 1984 and paragraph (b) as amended by chapter 483
 of the laws of 1988, are amended to read as follows:
   (a) Notwithstanding any other provision of law, if an agency finds FOR
 A GOOD CAUSE that the immediate adoption of a rule is necessary for  the
 preservation  of  the public health, safety or general welfare [and that
 compliance with the requirements of  subdivision  one  of  this  section
 would  be  contrary to the public interest, the agency may dispense with
 all or part of such requirements and adopt  the  rule  on  an  emergency
 basis],  AND ONE OR MORE OF THE FOLLOWING CONDITIONS ARE MET, THE AGENCY

 S. 7505--B                         131
 
 MAY DISPENSE WITH ALL OR PART OF THE REQUIREMENTS OF SUBDIVISION ONE  OF
 THIS SECTION AND ADOPT THE RULE ON AN EMERGENCY BASIS:
   (I)  THE USUAL RULE MAKING PROCEDURES ARE IMPRACTICAL BECAUSE THERE IS
 AN EMERGENCY THAT POSES AN IMMINENT AND ACTUAL THREAT TO  PUBLIC  HEALTH
 OR SAFETY; OR
   (II)  THE  DELAY  INVOLVED IN ADOPTING THE RULE THROUGH THE USUAL RULE
 MAKING PROCEDURE WOULD CAUSE THE AGENCY TO BE OUT OF COMPLIANCE  WITH  A
 JUDICIAL DECISION, FEDERAL OR STATE LAW; OR
   (III)  THE  DELAY  IN  ADOPTING THE RULE THROUGH THE USUAL RULE MAKING
 PROCEDURE WOULD RESULT IN A LOSS OF FEDERAL FUNDS; OR
   (IV) THE DELAY INVOLVED IN ADOPTING THE RULE THROUGH  THE  USUAL  RULE
 MAKING  PROCEDURE PROVIDED IN SUBDIVISION ONE OF THIS SECTION WOULD LEAD
 TO IRREPARABLE INJURY.
   (A-1) WITHIN THIRTY DAYS OF THE ADOPTION OF THE  EMERGENCY  RULE,  THE
 AGENCY SHALL SEPARATELY SUBMIT A NOTICE OF PROPOSED RULE MAKING FOR SUCH
 RULE  TO THE SECRETARY OF STATE TO COMMENCE THE USUAL RULE MAKING PROCE-
 DURES SET FORTH IN SUBDIVISION ONE OF THIS SECTION.
   (b) Unless otherwise provided by law, such emergency  rule  shall  not
 remain  in effect for longer than ninety days after being filed with the
 secretary of state unless within such time the agency complies with  the
 requirements  of  subdivision  one  of  this section and adopts the rule
 pursuant  to  the  provisions  of  subdivision  five  of  this  section,
 provided,  however,  if  such  emergency  rule is readopted prior to the
 expiration of such ninety day period such readoption and any  subsequent
 readoptions  shall remain in effect for no longer than sixty days.  UPON
 ANY READOPTION, THE AGENCY SHALL  PUBLISH  AND  MAKE  AVAILABLE  TO  THE
 PUBLIC  AN  ASSESSMENT OF PUBLIC COMMENTS RECEIVED ON THE EMERGENCY RULE
 OR THE SEPARATE NOTICE OF PROPOSED RULEMAKING FOR SUCH RULE.  THE  EMER-
 GENCY RULE MAY REMAIN IN EFFECT, AT THE LATEST, FOR AS LONG AS THE SEPA-
 RATE  NOTICE OF PROPOSED RULEMAKING REMAINS IN EFFECT PURSUANT TO SUBDI-
 VISION TWO OF  THIS  SECTION.  WHEN  THE  SEPARATE  NOTICE  OF  PROPOSED
 RULEMAKING  EXPIRES  PURSUANT  TO  SUBDIVISION  TWO OF THIS SECTION, THE
 EMERGENCY RULE SHALL ALSO EXPIRE AND BE INEFFECTIVE FOR THE PURPOSES  OF
 THIS SECTION.
   § 2. This act shall take effect immediately.
 
                                 PART SSS
 
   Section 1. Section 201-a of the state administrative procedure act, as
 added by chapter 189 of the laws of 1996, paragraph (g) of subdivision 2
 as  amended  by  chapter  304 of the laws of 2016, is amended to read as
 follows:
   § 201-a. Job impact. 1. In developing a rule, an agency  shall  strive
 to  accomplish  the  objectives of applicable statutes in a manner which
 minimizes any unnecessary adverse impacts on existing jobs and  promotes
 the development of new employment opportunities, including opportunities
 for self-employment, for the residents of the state.
   2. Before proposing a rule for adoption or adopting a rule on an emer-
 gency  basis,  an agency shall evaluate the potential impact of the rule
 on jobs and employment opportunities.
   (a) When it is apparent from the nature and purpose of the  rule  that
 it  will  not  have  a substantial adverse impact on jobs and employment
 opportunities, the agency shall include in the notice of  proposed  rule
 making  or  the notice of emergency adoption a statement that the agency
 has determined that the rule will not have a substantial adverse  impact
 on  jobs  and  employment  opportunities; provided, however, that, where

 S. 7505--B                         132
 
 appropriate, such statement shall indicate that the  agency  has  deter-
 mined the rule will have a positive impact on jobs and employment oppor-
 tunities,  or  will have no impact on jobs and employment opportunities.
 Except  where it is evident from the subject matter of the rule that the
 rule could only have a positive impact or no impact on jobs and  employ-
 ment  opportunities,  the agency shall include in the statement prepared
 pursuant to this paragraph a summary of the information and  methodology
 underlying its determination.
   (b)  When  it is apparent from the nature and purpose of the rule that
 it may have a substantial adverse impact on jobs or employment  opportu-
 nities,  the  agency  shall  issue a job impact statement which contains
 information on:
   (i) the nature of the impact the rule will have on jobs and employment
 opportunities;
   (ii) the categories of jobs or employment  opportunities  affected  by
 the rule;
   (iii)  the  approximate  number  of  jobs  or employment opportunities
 affected in each category;
   (iv) any region of the state where the rule would  have  a  dispropor-
 tionate adverse impact on jobs or employment opportunities; and
   (v)  any measures which the agency [has taken] OR OTHER STATE AGENCIES
 HAVE TAKEN OR COULD TAKE to minimize any unnecessary adverse impacts  on
 existing  jobs and to promote the development of new employment opportu-
 nities.
   (c) When the information available to an  agency  is  insufficient  to
 enable  it  to  determine whether a rule will have a substantial adverse
 impact on jobs or employment opportunities, or to prepare a  job  impact
 statement  pursuant  to  paragraph  (b)  of this subdivision, the agency
 shall issue a statement indicating the information  which  it  needs  to
 complete  a  job impact statement and requesting the assistance of other
 state agencies and the public in obtaining such information.
   (d) An agency shall issue a revised job impact statement when:
   (i) [the]  IT  IS  NECESSARY  TO  CORRECT  OR  SUPPLEMENT  information
 presented  in  the PREVIOUS statement [is] THAT WAS inadequate or incom-
 plete;
   (ii) the proposed rule contains any substantial revisions which neces-
 sitate that such statement be modified; or
   (iii) the agency has issued a statement pursuant to paragraph  (c)  of
 this subdivision, and has received information from other state agencies
 or  the  public which enable it to provide a more complete evaluation of
 the potential impact of the rule on jobs and employment opportunities.
   (e) If, after requesting the assistance of other  state  agencies  and
 the  public  pursuant to paragraph (c) of this subdivision, an agency is
 still unable to determine whether  the  rule  will  have  a  substantial
 adverse  impact  on  jobs and employment opportunities, it may adopt the
 rule. When adopting a rule pursuant to this paragraph, the agency  shall
 issue  a  revised job impact statement which includes information on the
 measures the agency took to evaluate the potential impact of the rule on
 jobs and employment opportunities.  NO RULE MAY BE ADOPTED  PURSUANT  TO
 THIS PARAGRAPH IF IT IS THE SUBJECT OF A STATEMENT OF CONCURRENCE PURSU-
 ANT  TO  SUBDIVISION  THREE  OF  THIS  SECTION UNTIL THE REQUIREMENTS OF
 SUBDIVISION THREE OF THIS SECTION HAVE BEEN MET.
   (f) When adopting a rule on an emergency basis, an  agency  may  defer
 the  issuance  of  any statement pursuant to this section, provided that
 the statement is published in the state register within thirty  days  of
 the effective date of the emergency rule.

 S. 7505--B                         133
 
   (g)  When  any  statement  issued pursuant to this section exceeds two
 thousand words, the agency shall prepare a summary of such statement  in
 less  than  two  thousand words for publication in the state register in
 which it shall identify the website of the agency, or of  another  state
 entity, on which the full text of the statement has been posted.
   (h)  An agency may consider a series of closely related and simultane-
 ously proposed rules as one rule for the purpose of submitting a consol-
 idated job impact statement.
   (i) Where a rule would have a measurable impact on  opportunities  for
 self-employment, the agency shall include a discussion of such impact in
 any statement prepared pursuant to this section.
   (J)  AN  AGENCY  SHALL MAKE AVAILABLE THE METHODOLOGY AND DATA OR DATA
 SOURCES USED TO PREPARE ANY STATEMENT ISSUED PURSUANT TO  PARAGRAPH  (B)
 OF SUBDIVISION TWO OF THIS SECTION.
   3.  (a)  The  commissioner  of  labor and the commissioner of economic
 development may review any statement issued pursuant  to  this  section,
 and  may  consult  informally with any agency preparing such a statement
 and advise it on the potential impact of a rule on jobs  and  employment
 opportunities.
   (b)  When  the  commissioner of labor and the commissioner of economic
 development concur in a determination that additional evaluation of  the
 potential impact of a proposed rule on jobs and employment opportunities
 is  needed  to  assist  in  the  minimization of any unnecessary adverse
 impacts of the rule on jobs  or  employment  opportunities,  they  shall
 issue  a  statement of concurrence and transmit a copy of such statement
 to the agency and to the secretary of state for publication in the state
 register.  The statement of concurrence shall:
   (i) identify each proposed rule which is the subject of the  statement
 of concurrence;
   (ii)  set forth the basis for the determination that additional evalu-
 ation of the potential impact of the rule is needed  to  assist  in  the
 minimization  of  any  unnecessary adverse impacts on jobs or employment
 opportunities, and, where relevant, identify  each  aspect  of  the  job
 impact statement which is incomplete or deficient;
   (iii) include appropriate recommendations for additional evaluation of
 the  impact  of  the  rule  or  of  any measures which the agency should
 consider to minimize any adverse impacts of the rule on jobs or  employ-
 ment opportunities; and
   (iv) specify a time period of not more than ninety days for the agency
 to perform such additional evaluation or consider such recommendations.
   (c)  An  agency  shall strive to perform such additional evaluation or
 consider such measures as are recommended in a statement of  concurrence
 within the time period set forth therein. No agency shall adopt the rule
 which is the subject of the statement of concurrence until:
   (i)  the  agency has performed the additional evaluation or considered
 the measures recommended in the statement of concurrence, and has issued
 a revised job impact statement, which is acceptable to the commissioners
 of economic development and labor, setting forth any  changes  which  it
 will make to the rule to minimize any adverse impacts on jobs or employ-
 ment opportunities; or
   (ii)  after  the expiration of the time period set forth in the state-
 ment of concurrence.
   (d) The statement of concurrence shall be  considered  public  comment
 for  the purpose of this article and shall be summarized and analyzed in
 any assessment of public comment.

 S. 7505--B                         134

   4. Nothing in this section shall be construed as preventing an  agency
 from adopting a rule on an emergency basis at any time.
   5.  Copies of any statement prepared pursuant to this section, includ-
 ing any statement of concurrence, shall be distributed  as  provided  in
 subdivision six-a of section two hundred two of this article.
   6. For the purposes of this section:
   (a)  "rule"  shall  mean  any  rule proposed or any rule adopted on an
 emergency basis pursuant to this article, except for:
   (i) any rule defined in subparagraph (ii) of paragraph (a) of subdivi-
 sion two of section one hundred two of this [article] CHAPTER;
   (ii) any rule defined in [subdivisions ten,]  SUBDIVISION  eleven  [or
 twelve] of section one hundred two of this [article] CHAPTER; or
   (iii)  any  rule  proposed  or adopted by the state comptroller or the
 attorney general.
   (b) "impact on jobs or employment opportunities" shall mean  a  change
 in  the  number of jobs and employment opportunities, including opportu-
 nities for self-employment, primarily attributable to the adoption of  a
 rule,  which  would otherwise be available to the residents of the state
 in the two-year period commencing on the date  the  rule  takes  effect.
 "IMPACT  ON  JOBS OR EMPLOYMENT OPPORTUNITIES" SHALL ALSO MEAN A SIGNIF-
 ICANT CHANGE IN EMPLOYMENT STATUS, INCLUDING WHETHER ADOPTION OF A  RULE
 WOULD  HAVE  A  SIGNIFICANT  IMPACT ON AVERAGE WAGE LEVELS, HOURS AND/OR
 DURATION OF EMPLOYMENT.
   (c) "substantial adverse impact on jobs or  employment  opportunities"
 shall mean a decrease of more than one hundred full-time annual jobs and
 employment  opportunities,  including opportunities for self-employment,
 in the state, or the equivalent in  part-time  or  seasonal  employment,
 which  would otherwise be available to the residents of the state in the
 two-year period commencing on the date the rule takes effect.  "SUBSTAN-
 TIAL ADVERSE IMPACT ON JOBS OR EMPLOYMENT OPPORTUNITIES" SHALL ALSO MEAN
 ANY CHANGES IN THE STATUS OF SUCH  JOBS  AND  EMPLOYMENT  OPPORTUNITIES,
 INCLUDING  BUT  NOT LIMITED TO ANY SIGNIFICANT NET REDUCTIONS IN AVERAGE
 WAGE LEVELS, HOURS AND/OR DURATION OF EMPLOYMENT, THAT WOULD REPRESENT A
 SUBSTANTIAL ADVERSE IMPACT ON INCOMES OR ECONOMIC SECURITY.
   § 2. Subparagraphs (vi) and (viii) of paragraph (f) of  subdivision  1
 of  section  202 of the state administrative procedure act, subparagraph
 (vi) as amended by chapter 304 of the  laws  of  2016  and  subparagraph
 (viii)  as  amended  by  chapter 229 of the laws of 2000, are amended to
 read as follows:
   (vi) include  a  regulatory  impact  statement  prepared  pursuant  to
 section  two  hundred two-a of this article AND ANY JOB IMPACT STATEMENT
 PREPARED  PURSUANT  TO  SECTION  TWO  HUNDRED  ONE-A  OF  THIS  ARTICLE,
 provided,  however, if EITHER such statement exceeds two thousand words,
 the notice shall include only a summary of such statement in  less  than
 two  thousand  words and the full text of such statement shall be posted
 on a website maintained by the agency or another state entity until such
 statement is revised or the proposed rule is  adopted  or  withdrawn  or
 expires pursuant to this article;
   (viii) give the name, public office address and telephone number of an
 agency  representative,  who is knowledgeable on the proposed rule, from
 whom the complete text of such rule and any  scientific  or  statistical
 study, report and analysis that served as the basis for the rule and any
 supporting  data, the regulatory impact statement, THE JOB IMPACT STATE-
 MENT, the regulatory flexibility analysis, and the rural area flexibili-
 ty analysis may be obtained; from  whom  information  about  any  public

 S. 7505--B                         135
 
 hearing  may  be obtained; and to whom written data, views and arguments
 may be submitted; and
   §  3.  Subparagraphs (v) and (vii) of paragraph (c) of subdivision 4-a
 of section 202 of the state administrative procedure  act,  subparagraph
 (v)  as  amended  by  chapter  304 of the laws of 2016, and subparagraph
 (vii) as amended by chapter 171 of the laws of 1994, are amended to read
 as follows:
   (v) include a revised regulatory impact statement,  when  required  by
 the  provisions  of  paragraph  (b)  of  subdivision  six of section two
 hundred two-a of this article  AND  ANY  REVISED  JOB  IMPACT  STATEMENT
 PREPARED  PURSUANT  TO  SECTION  TWO  HUNDRED  ONE-A  OF  THIS  ARTICLE,
 provided, however, if EITHER such statement exceeds two thousand  words,
 the  notice  shall include only a summary of such statement in less than
 two thousand words and shall identify the website of the agency,  or  of
 another  state entity, on which the complete revised text has been post-
 ed;
   (vii) give the name, address and telephone number of an agency  repre-
 sentative knowledgeable on the rule, from whom the complete revised text
 of  such  rule, any revised regulatory impact statement, ANY REVISED JOB
 IMPACT STATEMENT, any revised regulatory flexibility  analysis  and  any
 revised  rural  area  flexibility  analysis  may  be obtained; from whom
 information about any additional public hearing may be obtained; and  to
 whom written data, views and arguments may be submitted;
   § 4. Subparagraphs (v) and (viii) of paragraph (c) of subdivision 5 of
 section  202 of the state administrative procedure act, subparagraph (v)
 as amended by chapter 304 of the laws of 2016 and subparagraph (viii) as
 amended by chapter 171 of the laws of  1994,  are  amended  to  read  as
 follows:
   (v)  include  a  revised regulatory impact statement, when required by
 the provisions of paragraph  (b)  of  subdivision  six  of  section  two
 hundred  two-a  of  this  article  AND  ANY REVISED JOB IMPACT STATEMENT
 PREPARED  PURSUANT  TO  SECTION  TWO  HUNDRED  ONE-A  OF  THIS  ARTICLE,
 provided,  however, if EITHER such statement exceeds two thousand words,
 the notice shall include only a summary of such statement in  less  than
 two thousand words;
   (viii) give the name, public office address and telephone number of an
 agency  representative  from  whom the complete text of the rule and any
 revised regulatory  impact  statement,  REVISED  JOB  IMPACT  STATEMENT,
 revised  regulatory flexibility analysis, REVISED rural area flexibility
 analysis or assessment of comments may be obtained; and
   § 5. Subparagraphs (viii) and (x) of paragraph (d) of subdivision 6 of
 section 202 of the  state  administrative  procedure  act,  subparagraph
 (viii)  as  added  by  chapter  17 of the laws of 1984 and renumbered by
 chapter 850 of the laws of 1990 and subparagraph (x) as amended by chap-
 ter 171 of the laws of 1994, are amended to read as follows:
   (viii) include a regulatory  impact  statement  prepared  pursuant  to
 section  two  hundred two-a of this [chapter] ARTICLE AND ANY JOB IMPACT
 STATEMENT PREPARED PURSUANT TO SECTION TWO HUNDRED ONE-A OF  THIS  ARTI-
 CLE,  or  a statement setting forth that the regulatory impact statement
 AND/OR JOB IMPACT STATEMENT will appear in  the  state  register  within
 thirty  days  of  the  effective  date  of the emergency rule, provided,
 however, if [either] ANY SUCH statement exceeds two thousand words,  the
 notice  shall  include only a summary of such statement in less than two
 thousand words;
   (x) give the name, public office address and telephone  number  of  an
 agency  representative,  knowledgeable on the rule, from whom a complete

 S. 7505--B                         136
 
 text of such rule, the  regulatory  impact  statement,  THE  JOB  IMPACT
 STATEMENT, regulatory flexibility analysis, and the rural area flexibil-
 ity  analysis  may  be  obtained; from whom information about any public
 hearing  may  be obtained; and to whom written data, views and arguments
 may be submitted; and
   § 6. Paragraphs (a) and (b) of subdivision 6-a of section 202  of  the
 state  administrative  procedure  act,  as amended by chapter 295 of the
 laws of 2017, are amended to read as follows:
   (a) An agency shall transmit a copy of any rule making notice prepared
 pursuant to this article to the governor, the temporary president of the
 senate, the speaker of the assembly and the  administrative  regulations
 review  commission at the time such notice is submitted to the secretary
 of state for publication in the state register. Such  transmittal  shall
 include  the complete rule text, regulatory impact statement, JOB IMPACT
 STATEMENT, regulatory flexibility analysis, rural area flexibility anal-
 ysis, or revisions thereof, and any other information submitted  to  the
 secretary of state pursuant to this article.
   (b)  An agency shall make a copy of the complete text of any proposed,
 adopted or emergency  rule,  regulatory  impact  statement,  JOB  IMPACT
 STATEMENT, regulatory flexibility analysis, rural area flexibility anal-
 ysis,  or  revisions  thereof  available  to the public at the time such
 documents are submitted to the secretary of state for publication in the
 state register and shall send to any person a copy  of  such  text  upon
 written or electronic request.
   §  7. This act shall take effect on the first of January next succeed-
 ing the date on which it shall have become a law, and shall apply to any
 rule first proposed or adopted on an emergency basis on  or  after  such
 date.
 
                                 PART TTT
 
   Section 1. The state administrative procedure act is amended by adding
 a new article 6 to read as follows:
                                 ARTICLE 6
      TASK FORCE FOR REVIEW OF THE STATE ADMINISTRATIVE PROCEDURE ACT
 SECTION 601. LEGISLATIVE INTENT.
         602. TASK  FORCE  FOR  THE  REVIEW  OF  THE STATE ADMINISTRATIVE
                PROCEDURE ACT.
   § 601. LEGISLATIVE INTENT. THE STATE ADMINISTRATIVE PROCEDURE ACT  WAS
 FIRST  ENACTED  IN  NINETEEN  HUNDRED  SEVENTY-FIVE TO CREATE A UNIFORM,
 CONSISTENT  PROCESS  TO  ADMINISTRATIVE  RULEMAKING,  ADJUDICATION   AND
 LICENSING. SINCE NINETEEN HUNDRED SEVENTY-FIVE THIS ACT HAS BEEN AMENDED
 NUMEROUS  TIMES  BUT  THERE HAS NEVER BEEN A COMPREHENSIVE REVIEW OF THE
 EFFICACY OF THE ACT IN ITS ENTIRETY. THE LEGISLATURE  HEREBY  FINDS  AND
 DECLARES  THAT IT IS IN THE PUBLIC INTEREST TO HAVE SUCH A COMPREHENSIVE
 REVIEW  TO  ENSURE  THAT  ADMINISTRATIVE  RULEMAKING,  ADJUDICATION  AND
 LICENSING  IS  CONSISTENT, UNIFORM, AND NOT UNNECESSARILY BURDENSOME FOR
 REGULATED ENTITIES.
   § 602. TASK FORCE FOR THE REVIEW OF THE STATE ADMINISTRATIVE PROCEDURE
 ACT. 1.  THERE SHALL BE ESTABLISHED A TASK FORCE FOR THE REVIEW  OF  THE
 STATE ADMINISTRATIVE PROCEDURE ACT ("TASK FORCE"). SUCH TASK FORCE SHALL
 EXAMINE,  EVALUATE AND MAKE RECOMMENDATIONS CONCERNING THE EFFICIENCY OF
 THE RULEMAKING PROCESS, WHETHER THIS ACT ENSURES  THE  ESTABLISHMENT  OF
 CONSISTENT,  UNIFORM  RULES AND WHETHER THE STATUTORY PROCESS RESULTS IN
 RULES, REGULATIONS AND LICENSES THAT ARE OVERLY BURDENSOME ON  REGULATED
 ENTITIES.

 S. 7505--B                         137

   2.  THE  TASK  FORCE  SHALL  BE  COMPOSED OF NINE MEMBERS APPOINTED AS
 FOLLOWS:  THREE MEMBERS APPOINTED BY THE GOVERNOR, AT LEAST ONE OF  WHOM
 SHALL  BE  CHOSEN  FROM AMONG THE COMMISSIONERS OF AGENCIES WITH SIGNIF-
 ICANT REGULATORY OVERSIGHT; TWO MEMBERS APPOINTED BY THE TEMPORARY PRES-
 IDENT  OF THE SENATE, ONE OF WHOM SHALL BE THE SENATE CHAIRPERSON OF THE
 ADMINISTRATIVE REGULATORY REVIEW COMMISSION; TWO  MEMBERS  APPOINTED  BY
 THE  SPEAKER  OF THE ASSEMBLY, ONE OF WHICH SHALL BE THE ASSEMBLY CHAIR-
 PERSON OF THE ADMINISTRATIVE REGULATORY REVIEW  COMMISSION;  ONE  MEMBER
 APPOINTED BY THE MINORITY LEADER OF THE SENATE; AND ONE MEMBER APPOINTED
 BY THE MINORITY LEADER OF THE ASSEMBLY. THE GOVERNOR SHALL DESIGNATE THE
 CHAIR  OF  THE TASK FORCE. ALL APPOINTED MEMBERS OF THE TASK FORCE SHALL
 HAVE EXPERIENCE IN REGULATORY OR ADMINISTRATIVE LAW, OR EXPERIENCE IN  A
 FIELD  REGULATED  BY  MULTIPLE  STATE  AGENCIES,  OR A REPRESENTATIVE OF
 ORGANIZED LABOR IN A REGULATED FIELD.
   3. THE TASK FORCE SHALL HOLD PUBLIC HEARINGS THROUGHOUT THE STATE  AND
 SHALL  HAVE THE POWERS OF A LEGISLATIVE COMMITTEE PURSUANT TO THE LEGIS-
 LATIVE LAW.  THE TASK FORCE SHALL CONSULT  WITH  MEMBERS  OF  THE  SMALL
 BUSINESS  AND  AGRICULTURAL COMMUNITIES AND REGULATED ENTITIES AND CITI-
 ZENS FROM EVERY REGION OF THE STATE.
   4. ON OR BEFORE DECEMBER THIRTY-FIRST, TWO THOUSAND NINETEEN, THE TASK
 FORCE SHALL PROVIDE A WRITTEN REPORT  TO  THE  GOVERNOR,  THE  TEMPORARY
 PRESIDENT OF THE SENATE, THE SPEAKER OF THE ASSEMBLY, THE MINORITY LEAD-
 ER  OF  THE  SENATE, THE MINORITY LEADER OF THE ASSEMBLY, AND THE CHAIR-
 PERSONS OF THE ADMINISTRATIVE REGULATORY REVIEW COMMISSION.  THE  REPORT
 SHALL  INCLUDE,  BUT  NOT  BE  LIMITED  TO, RECOMMENDATIONS FOR SPECIFIC
 AMENDMENTS TO THIS ACT AS WELL AS  ANY  ADDITIONAL  RECOMMENDATIONS  THE
 TASK  FORCE  DEEMS  RELEVANT.  ANY RECOMMENDATIONS SHALL INCORPORATE THE
 FOLLOWING PRINCIPLES: (A) AGENCIES SHOULD CONDUCT RISK ASSESSMENTS BASED
 ON THE BEST-AVAILABLE DATA AND SCIENCE; (B) AGENCIES SHOULD ENSURE  THAT
 A  FULL  COST  BENEFIT ANALYSIS IS UNDERTAKEN FOR MAJOR REGULATIONS; (C)
 THE RULEMAKING PROCESS MUST INCLUDE AN OBJECTIVE, TRANSPARENT  PEER  AND
 PUBLIC  REVIEW;  (D)  REGULATIONS  SHOULD  BE SUBJECT TO LEGISLATIVE AND
 JUDICIAL OVERSIGHT  AND  REVIEW;  AND  (E)  AGENCIES  SHOULD  PRIORITIZE
 COMPLIANCE OVER ENFORCEMENT.
   5.  THE  MEMBERS  OF  THE TASK FORCE SHALL RECEIVE NO COMPENSATION FOR
 THEIR SERVICES, BUT SHALL BE ALLOWED THEIR ACTUAL AND NECESSARY EXPENSES
 INCURRED IN THE PERFORMANCE OF THEIR DUTIES PURSUANT TO THIS SECTION.
   6. TO THE MAXIMUM EXTENT FEASIBLE, THE TASK FORCE SHALL BE ENTITLED TO
 REQUEST AND RECEIVE AND SHALL UTILIZE AND BE PROVIDED WITH SUCH  FACILI-
 TIES,  RESOURCES  AND  DATA  OF  ANY COURT, DEPARTMENT, DIVISION, BOARD,
 BUREAU, COMMISSION, OR AGENCY OF THE STATE OR ANY POLITICAL  SUBDIVISION
 OR  PUBLIC  AUTHORITY  THEREOF AS IT MAY REASONABLY REQUEST TO CARRY OUT
 PROPERLY ITS POWERS AND DUTIES PURSUANT TO THIS SECTION.
   § 2. This act shall take effect immediately.
 
                                 PART UUU
 
   Section 1. The executive law is amended by adding a new section  170-c
 to read as follows:
   §  170-C.  REGULATORY  FINES FOR SMALL BUSINESSES.  1. NOTWITHSTANDING
 ANY OTHER LAW, RULE OR REGULATION TO THE CONTRARY, NO STATE AGENCY SHALL
 FINE A SMALL BUSINESS FOR A FIRST VIOLATION OF SUCH  AGENCY'S  RULES  OR
 REGULATIONS,  UNLESS  THE  AGENCY DETERMINES THAT THE VIOLATION DIRECTLY
 AFFECTED PUBLIC HEALTH OR SAFETY.  UPON SUCH FIRST  VIOLATION,  A  STATE
 AGENCY  SHALL (A) PROVIDE THE SMALL BUSINESS WITH A COPY OF ANY APPLICA-
 BLE SMALL BUSINESS REGULATION GUIDES PURSUANT  TO  SECTION  ONE  HUNDRED

 S. 7505--B                         138
 
 TWO-A  OF  THE  STATE ADMINISTRATIVE PROCEDURE ACT AND ANY OTHER HELPFUL
 COMPLIANCE INFORMATION DETAILING THE AGENCY'S RULES AND REGULATIONS,  OR
 (B)  HOLD  AN  IN-PERSON  MEETING WITH THE SMALL BUSINESS TO HELP ASSIST
 SUCH  SMALL  BUSINESS  WITH COMPLIANCE WITH THE AGENCY'S RULES AND REGU-
 LATIONS.
   2. "SMALL BUSINESS" AS USED IN THIS  SECTION  SHALL  MEAN  A  BUSINESS
 WHICH  IS  RESIDENT IN THIS STATE, INDEPENDENTLY OWNED AND OPERATED, NOT
 DOMINANT IN ITS FIELD AND EMPLOYS ONE HUNDRED OR LESS PERSONS.
   § 2. This act shall take effect immediately.
 
                                 PART VVV
 
   Section 1. The state administrative procedure act is amended by adding
 a new section 102-b to read as follows:
   § 102-B. SMALL BUSINESS LIAISON. EACH AGENCY SHALL DESIGNATE AN EXIST-
 ING EMPLOYEE TO SERVE AS ITS LIAISON TO SMALL  BUSINESSES  REGULATED  BY
 SUCH  AGENCY. THE DIRECT CONTACT INFORMATION OF THE SMALL BUSINESS LIAI-
 SON SHALL BE PROMINENTLY POSTED AND  EASILY  ACCESSIBLE  ON  THE  AGENCY
 WEBSITE.  THE SMALL BUSINESS LIAISON SHALL:
   (A)  SERVE  AS  AN  INITIAL  PRIMARY  CONTACT  FOR SMALL BUSINESSES TO
 CONTACT WITH ANY INQUIRIES;
   (B) BE EQUIPPED TO PROVIDE SMALL BUSINESSES WITH BASIC INFORMATION  ON
 THE AGENCY AND ITS REGULATIONS;
   (C)  HELP SMALL BUSINESSES NAVIGATE THE AGENCY BUREAUCRACY TO IDENTIFY
 AND CONTACT THE APPROPRIATE STAFF PERSON WITHIN THE  AGENCY,  EITHER  AT
 THE STATE OR REGIONAL LEVEL, FOR MORE SPECIFIC INFORMATION PERTAINING TO
 THE SMALL BUSINESS;
   (D)  HEAR  THE  CONCERNS OF SMALL BUSINESSES, REPORT THOSE CONCERNS TO
 APPROPRIATE AGENCY STAFF AND OFFER POSSIBLE SOLUTIONS TO SUCH CONCERNS;
   (E) ADVOCATE WITHIN THE AGENCY ON BEHALF OF SMALL BUSINESSES, AND MAKE
 RECOMMENDATIONS TO THE AGENCY HEAD  ON  MATTERS  AFFECTING  SMALL  BUSI-
 NESSES;
   (F)  INITIATE  AND  ENCOURAGE  SMALL  BUSINESS  EDUCATION AND OUTREACH
 PROGRAMS ON BEHALF OF THE AGENCY, AS APPROPRIATE;
   (G) COLLABORATE WITH THE APPROPRIATE AGENCY STAFF ON ANY  SMALL  BUSI-
 NESS  REGULATION  GUIDE  PURSUANT  TO  SECTION ONE HUNDRED TWO-A OF THIS
 ARTICLE AND ANY SMALL BUSINESS REGULATORY FLEXIBILITY ANALYSIS  PURSUANT
 TO SECTION TWO HUNDRED TWO-B OF THIS CHAPTER; AND
   (H) COORDINATE HIS OR HER ACTIVITIES WITH THE DIVISION FOR SMALL BUSI-
 NESS  WITHIN THE DEPARTMENT OF ECONOMIC DEVELOPMENT, AND THE SMALL BUSI-
 NESS DEVELOPMENT CENTER.
   § 2. On or before January 1, 2019, the small  business  liaison  shall
 report to the agency head the number of inquiries he or she has received
 from  small  businesses  in  2018,  and  the agency head shall determine
 whether a separate full-time employee will be needed for  such  position
 going  forward  and  make any appropriate budget request to the governor
 and legislature for the ensuing fiscal year.
   § 3. This act shall take effect immediately.
 
                                 PART WWW
 
   Section 1. Section 87 of the legislative law is amended  by  adding  a
 new subdivision 4 to read as follows:
   4.  THE COMMISSION SHALL HAVE THE POWER TO OBJECT TO ALL, OR A PORTION
 OF ANY ADMINISTRATIVE RULE OR REGULATION THAT HAS BEEN ADOPTED  OR  THAT
 HAS BEEN PROPOSED BY AN AGENCY PURSUANT TO THE RULE MAKING PROCEDURES OF

 S. 7505--B                         139
 
 SECTION  TWO  HUNDRED  TWO  OF  THE  STATE ADMINISTRATIVE PROCEDURE ACT.
 SHOULD IN THE PERFORMANCE OF ITS DUTIES, A MAJORITY OF  MEMBERS  OF  THE
 COMMISSION  FIND THAT AN ADMINISTRATIVE RULE OR A PORTION OF AN ADMINIS-
 TRATIVE   RULE   IS  (I)  ARBITRARY,  CAPRICIOUS,  AN  ABUSE  OF  AGENCY
 DISCRETION, OR IS OTHERWISE NOT IN  ACCORDANCE  WITH  LAW;  OR  (II)  IS
 CONTRARY TO CONSTITUTIONAL, RIGHT POWER, PRIVILEGE OR IMMUNITY; OR (III)
 IS INCONSISTENT WITH, OR IN EXCESS OF STATUTORY JURISDICTION, AUTHORITY,
 OR LIMITATIONS, OR IS SHORT OF STATUTORY RIGHT; OR (IV) HAS BEEN ADOPTED
 OR  HAS  BEEN  PROPOSED WITHOUT SUBSTANTIAL OBSERVANCE OF THE PROCEDURES
 REQUIRED BY LAW; THE COMMISSION MAY, IN WRITING, NOTIFY  THE  AGENCY  OF
 THEIR  OBJECTION  AND  REASON  OR REASONS FOR THEIR OBJECTION. A WRITTEN
 LETTER OF OBJECTION MUST BE MAILED OR DELIVERED TO THE AGENCY  RESPONSI-
 BLE FOR THE ADOPTION OR PROPOSAL OF THE OBJECTED TO RULE. A VALID LETTER
 OF  OBJECTION  MUST  BE SIGNED BY EACH MEMBER OF THE COMMISSION THAT HAS
 DECIDED TO OBJECT TO THE RULE IN ITS ENTIRETY, OR IN PART.  THE  COMMIS-
 SION MUST ALSO FILE A CERTIFIED COPY OF THE LETTER OF OBJECTION WITH THE
 DEPARTMENT OF STATE, DIVISION OF ADMINISTRATIVE RULES.
   § 2. Paragraph (a) of subdivision 9 of section 202 of the state admin-
 istrative  procedure  act  is  amended by adding three new subparagraphs
 (vi), (vii) and (viii) to read as follows:
   (VI) FOLLOWING RECEIPT OF A VALID LETTER OF OBJECTION THAT IS  WRITTEN
 AND  SIGNED  BY  A  MAJORITY  OF THE MEMBERS OF THE ADMINISTRATIVE REGU-
 LATIONS REVIEW COMMISSION, PUBLISH SUCH LETTER IN THE NEXT ISSUE OF  THE
 STATE REGISTER.
   (VII)  FOLLOWING  RECEIPT OF A VALID RESPONSE TO A LETTER OF OBJECTION
 WRITTEN AND SIGNED BY THE COMMISSIONER,  DIRECTOR  OR  COUNSEL  OF  THAT
 AGENCY,  PUBLISH  SUCH  WRITTEN  RESPONSE IN THE NEXT ISSUE OF THE STATE
 REGISTER.
   (VIII) REJECT ANY LETTER OF OBJECTION OR ANY  WRITTEN  RESPONSE  TO  A
 LETTER  OF  OBJECTION  THAT  IS DEFICIENT FOR LACKING AT LEAST A MINIMAL
 EXPLANATION OF AN OBJECTIONABLE ISSUE, OR  THE  REQUISITE  SIGNATURE  OR
 SIGNATURES,  AND  GIVE PROMPT NOTICE OF DEFICIENCY TO THE ADMINISTRATIVE
 REGULATIONS REVIEW COMMISSION OR AGENCY.
   § 3. Section 202 of the state administrative procedure act is  amended
 by adding a new subdivision 10 to read as follows:
   10. OBJECTION. (A) IF IN THE PERFORMANCE OF THEIR DUTIES, AS SPECIFIED
 IN  SUBDIVISION  ONE  OF  SECTION EIGHTY-SEVEN OF THE LEGISLATIVE LAW, A
 MAJORITY OF THE MEMBERS OF THE ADMINISTRATIVE REGULATIONS REVIEW COMMIS-
 SION DECIDE TO OBJECT TO AN ADMINISTRATIVE  RULE  OR  A  PORTION  OF  AN
 ADMINISTRATIVE  RULE THAT HAS BEEN ADOPTED OR THAT HAS BEEN PROPOSED, AN
 OBJECTION MUST BE MADE IN ACCORDANCE WITH THE  PROCEDURES  SPECIFIED  IN
 SUBDIVISION FOUR OF SECTION EIGHTY-SEVEN OF THE LEGISLATIVE LAW.
   (B) AN AGENCY THAT RECEIVES A LETTER OF OBJECTION PERTAINING TO A RULE
 THAT  HAS BEEN PROPOSED, BUT HAS NOT BEEN ADOPTED MUST READ AND CONSIDER
 THE OBJECTION AND ISSUE A WRITTEN RESPONSE  PRIOR  TO  ADOPTION  OF  THE
 OBJECTED  TO RULE. AGENCIES MUST PROVIDE WRITTEN RESPONSES TO LETTERS OF
 OBJECTION TO THE DEPARTMENT OF STATE, DIVISION OF  ADMINISTRATIVE  RULES
 FOR PUBLICATION IN THE STATE REGISTER. A WRITTEN RESPONSE TO A LETTER OF
 OBJECTION MUST STATE THAT THE AGENCY HAS EITHER (I) AGREED TO CHANGE THE
 RULE  IN  WHOLE,  OR  IN  PART IN ACCORDANCE WITH THE OBJECTION AND WILL
 PUBLISH THE REQUISITE NOTICE OF REVISED RULE MAKING, OR (II) NEEDS ADDI-
 TIONAL TIME TO CONSIDER THE OBJECTION  AND  POSSIBLE  CHANGES  AND  WILL
 PUBLISH  A  NOTICE  OF  WITHDRAWAL, OR (III) THAT THE AGENCY HAS DECIDED
 AGAINST MAKING ANY CHANGES TO THE PROPOSED RULE.  WRITTEN  RESPONSES  TO
 LETTERS  OF OBJECTION MUST STATE THAT THE OBJECTION WAS READ AND CONSID-
 ERED AND INCLUDE AT LEAST A BRIEF EXPLANATION OF THE AGENCY'S  RATIONALE

 S. 7505--B                         140
 
 FOR EITHER AGREEING WITH THE OBJECTION, OR REQUIRING ADDITIONAL TIME FOR
 CONSIDERATION,  OR  FOR DISAGREEING WITH THE OBJECTION. ANY AGENCY DECI-
 SION TO STOP, EXTEND, OR PROCEED WITH PROMULGATION OF ALL OR PART OF  AN
 OBJECTED  TO  RULE,  MUST  BE  DONE  IN  ACCORDANCE WITH THE RULE MAKING
 REQUIREMENTS OF THIS SECTION.
   (C) AN AGENCY THAT RECEIVES A LETTER OF OBJECTION PERTAINING TO ALL OR
 PART OF A RULE  THAT  HAS  BEEN  ADOPTED  MUST  READ  AND  CONSIDER  THE
 OBJECTION AND ISSUE A WRITTEN RESPONSE WITHIN FORTY-FIVE DAYS OF RECEIV-
 ING  THE LETTER OF OBJECTION. AGENCIES MUST PROVIDE WRITTEN RESPONSES TO
 LETTERS OF OBJECTION TO THE ADMINISTRATIVE REGULATIONS REVIEW COMMISSION
 AS WELL AS A CERTIFIED COPY OF ANY SUCH RESPONSE TO  THE  DEPARTMENT  OF
 STATE,  DIVISION  OF  ADMINISTRATIVE  RULES FOR PUBLICATION IN THE STATE
 REGISTER. A WRITTEN RESPONSE TO A LETTER OF OBJECTION  MUST  STATE  THAT
 THE  AGENCY EITHER (I) AGREES TO CHANGE THE RULE IN WHOLE, OR IN PART IN
 ACCORDANCE WITH THE OBJECTION AND WILL PUBLISH A NOTICE OF PROPOSED RULE
 MAKING NEEDED TO PROMULGATE A NEW CORRECTED RULE, OR  (II)  NEEDS  ADDI-
 TIONAL  TIME  TO  CONSIDER  THE OBJECTION AND POSSIBLE CHANGES, OR (III)
 THAT THE AGENCY HAS DECIDED AGAINST MAKING  ANY  CHANGES  TO  THE  RULE.
 WRITTEN  RESPONSES  TO  LETTERS  OF  OBJECTION MUST ACKNOWLEDGE THAT THE
 OBJECTION WAS READ AND CONSIDERED AND INCLUDE AT LEAST A BRIEF  EXPLANA-
 TION OF THE AGENCY'S DECISION TO AGREE WITH THE OBJECTION, OR TO REQUIRE
 ADDITIONAL  TIME FOR CONSIDERATION OF THE OBJECTION, OR TO DISAGREE WITH
 THE OBJECTION. SHOULD AN AGENCY DECIDE THAT ADDITIONAL TIME IS NEEDED TO
 CONSIDER THE OBJECTION AS WELL AS POSSIBLE SOLUTIONS, AN AGENCY WILL  BE
 PROVIDED  UP  TO  AN  ADDITIONAL  FORTY-FIVE  DAYS  TO PROVIDE A WRITTEN
 RESPONSE TO THE OBJECTION.
   (D) AN AGENCY WILL NOT BE COMPELLED BY THE ADMINISTRATIVE  REGULATIONS
 REVIEW COMMISSION TO CHANGE AN ADOPTED OR PROPOSED RULE IN RESPONSE TO A
 LETTER  OF  OBJECTION; HOWEVER REFUSAL TO DO SO, CAN BE USED AS EVIDENCE
 BY A PETITIONER IN  ACTION  CHALLENGING  AN  ADMINISTRATIVE  RULE  OR  A
 PORTION OF AN ADMINISTRATIVE RULE IN AN ADJUDICATORY HEARING PURSUANT TO
 ARTICLE  THREE  OF  THIS  CHAPTER, OR AN ACTION FOR DECLARATORY JUDGMENT
 PURSUANT TO SECTION TWO HUNDRED FIVE OF THIS ARTICLE, OR IN A PROCEEDING
 MADE AGAINST AN AGENCY PURSUANT TO ARTICLE SEVENTY-EIGHT  OF  THE  CIVIL
 PRACTICE LAW AND RULES.
   §  4.  Section  102  of  the  executive law is amended by adding a new
 subdivision 6 to read as follows:
   6. ALL LETTERS OF OBJECTION THAT STATE AT LEAST A BRIEF EXPLANATION OF
 AN OBJECTIONABLE ISSUE PERTAINING TO AN ADOPTED OR A  PROPOSED  ADMINIS-
 TRATIVE RULE IN ITS ENTIRETY, OR IN PART, THAT ARE WRITTEN AND SIGNED BY
 A  MAJORITY  OF  THE  MEMBERS  OF  THE ADMINISTRATIVE REGULATIONS REVIEW
 COMMISSION; AS WELL AS ANY WRITTEN RESPONSE TO  A  LETTER  OF  OBJECTION
 THAT  INCLUDES AT LEAST A BRIEF RESPONSE TO THE OBJECTION AND THE SIGNA-
 TURE OF THE COMMISSIONER, DIRECTOR OR COUNSEL OF A STATE AGENCY MUST  BE
 INCLUDED  IN THE OFFICIAL COMPILATION OF CODES, RULES AND REGULATIONS OF
 THE STATE OF NEW  YORK.  ALL  SUCH  LETTERS  OF  OBJECTION  AND  WRITTEN
 RESPONSES TO OBJECTIONS SHALL BE MADE AVAILABLE TO MEMBERS OF THE PUBLIC
 AND  SHALL  BE  INCLUDED WITHIN ANY PUBLISHED UNOFFICIAL COMPILATIONS OF
 THE CODES, RULES AND REGULATIONS OF THE STATE OF NEW YORK, INCLUDING THE
 UNOFFICIAL VERSION THAT IS LINKED TO ON THE DEPARTMENT OF STATE WEBSITE.
 LETTERS OF OBJECTION AND WRITTEN AGENCY RESPONSES TO OBJECTIONS SHALL BE
 RECEIVED, RECORDED AND COMPILED CONSISTENT WITH ALL  OTHER  REQUIREMENTS
 OF  THIS  SECTION AND SECTIONS ONE HUNDRED ONE-A, ONE HUNDRED ONE-B, ONE
 HUNDRED THREE, ONE HUNDRED FOUR, ONE HUNDRED FIVE, ONE HUNDRED  SIX  AND
 ONE HUNDRED SIX-A OF THIS ARTICLE.
   § 5. This act shall take effect immediately.

 S. 7505--B                         141
 
                                 PART XXX
 
   Section  1.  This Part enacts into law components of legislation. Each
 component is wholly contained within a Subpart identified as Subparts  A
 through  D.  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  87 of the legislative law is amended by adding a
 new subdivision 4 to read as follows:
   4. THE COMMISSION SHALL HAVE THE POWER TO  DELAY  THE  ADOPTION  OF  A
 PROPOSED ADMINISTRATIVE RULE. SHOULD IN THE PERFORMANCE OF ITS DUTIES, A
 MAJORITY OF THE MEMBERS OF THE COMMISSION AGREE THAT A PROPOSED ADMINIS-
 TRATIVE RULE RAISES ONE OR MORE QUESTIONS OR CONCERNS IN RELATION TO ANY
 OF  THE  FOUR ISSUES FOR CONSIDERATION THAT ARE SPECIFIED IN SUBDIVISION
 ONE OF THIS SECTION, THE COMMISSION MAY, IN WRITING, NOTIFY  THE  AGENCY
 RESPONSIBLE  FOR  THE  PROPOSED  RULE THAT THE COMMISSION HAS DECIDED TO
 DELAY THE ADOPTION OF THE RULE BY NINETY DAYS. A WRITTEN LETTER TO DELAY
 ADOPTION OF A PROPOSED RULE MUST BE MAILED OR DELIVERED  TO  THE  AGENCY
 THAT  PROPOSED  THE RULE AT ISSUE. A VALID LETTER TO DELAY ADOPTION OF A
 RULE MUST BE SIGNED BY EACH MEMBER OF THE COMMISSION THAT HAS AGREED  TO
 DELAY  THE ADOPTION AND MUST INCLUDE AT LEAST A BRIEF EXPLANATION OF THE
 COMMISSION'S ONE OR MORE QUESTIONS OR CONCERNS  REGARDING  THE  PROPOSED
 RULE.  THE  COMMISSION  MUST ALSO FILE A CERTIFIED COPY OF THE LETTER TO
 DELAY ADOPTION OF A RULE WITH  THE  DEPARTMENT  OF  STATE,  DIVISION  OF
 ADMINISTRATIVE RULES.
   §  2.  Subparagraphs (iv) and (v) of paragraph (a) of subdivision 9 of
 section 202 of the state administrative procedure act, subparagraph (iv)
 as amended and subparagraph (v) as added by chapter 490 of the  laws  of
 2016, are amended and three new subparagraphs (vi), (vii) and (viii) are
 added to read as follows:
   (iv)  publish all notices and statements, required by this section and
 section two hundred one-a of this [chapter] ARTICLE, in the state regis-
 ter as soon as practicable; [and]
   (v) prescribed guidance, developed in consultation with the office  of
 information technology services, for online posting of text and informa-
 tion pursuant to this section[.];
   (VI)  FOLLOWING  THE  RECEIPT OF A CERTIFIED COPY OF A VALID LETTER TO
 DELAY ADOPTION OF A RULE, PUBLISH SUCH A LETTER IN THE NEXT ISSUE OF THE
 STATE REGISTER;
   (VII) PUBLISH A CLEAR AND CONSPICUOUS NOTICE  OF  DELAY,  WHICH  SHALL
 STATE THAT THE RULE MAKING PROCESS FOR THE PROPOSED RULE WILL BE DELAYED
 NINETY  DAYS;  SUCH  NOTICES  SHALL  BE  PUBLISHED  TO ACCOMPANY RELATED
 LETTERS TO DELAY THE ADOPTION OF A RULE IN THE STATE REGISTER; AND
   (VIII) REJECT ANY LETTER TO DELAY ADOPTION OF A RULE THAT IS DEFICIENT
 FOR LACKING AT LEAST A MINIMAL EXPLANATION OF THE QUESTIONS OR  CONCERNS
 PERTAINING  TO  THE  PROPOSED RULE, OR THE REQUISITE SIGNATURES AND GIVE
 PROMPT NOTICE OF THE DEFICIENCY TO THE ADMINISTRATIVE REGULATIONS REVIEW
 COMMISSION.

 S. 7505--B                         142
 
   § 3. Section 202 of the state administrative procedure act is  amended
 by adding a new subdivision 10 to read as follows:
   10.  DELAY  ADOPTION  OF A PROPOSED RULE. (A) IF IN THE PERFORMANCE OF
 THEIR DUTIES, AS SPECIFIED IN SUBDIVISION ONE OF SECTION EIGHTY-SEVEN OF
 THE LEGISLATIVE LAW, A MAJORITY OF THE  MEMBERS  OF  THE  ADMINISTRATIVE
 REGULATIONS  REVIEW COMMISSION AGREE THAT A PROPOSED ADMINISTRATIVE RULE
 RAISES ONE OR MORE QUESTIONS OR CONCERNS IN RELATION TO ANY OF THE  FOUR
 ISSUES  FOR  CONSIDERATION  THAT  ARE  SPECIFIED  IN  SUBDIVISION ONE OF
 SECTION EIGHTY-SEVEN OF THE LEGISLATIVE LAW, THE COMMISSION  MAY,  DELAY
 THE ADOPTION OF SUCH A RULE BY NINETY DAYS, PURSUANT TO THE REQUIREMENTS
 OF SUBDIVISION FOUR OF SECTION EIGHTY-SEVEN OF THE LEGISLATIVE LAW.
   (B) THE NINETY DAY PERIOD TO DELAY RULE MAKING SHALL BEGIN ON THE DATE
 THAT  THE  NOTICE  OF DELAY IS PUBLISHED IN THE STATE REGISTER AND SHALL
 END NINETY DAYS FOLLOWING THE PUBLICATION OF THE NOTICE OF DELAY.
   (C) IF A NINETY DAY PERIOD OF DELAY BEGINS DURING THE  PUBLIC  COMMENT
 PERIOD FOR A PROPOSED RULE, THE AGENCY RESPONSIBLE FOR THE PROPOSED RULE
 WILL  BE  REQUIRED  TO CONSIDER ALL PUBLIC COMMENTS RECEIVED DURING THAT
 PERIOD OF DELAY.
   (D) ANY AGENCY THAT RECEIVES A LETTER TO  DELAY  ADOPTION  OF  A  RULE
 SHALL  CONSIDER  EVERY  QUESTION OR CONCERN RAISED BY THE ADMINISTRATIVE
 REGULATIONS REVIEW COMMISSION WITHIN THAT  LETTER.  AGENCIES  MUST  ALSO
 CONSIDER PROPOSING ALTERNATIVE MEANS IN ORDER TO ADDRESS THE ONE OR MORE
 QUESTIONS OR CONCERNS THAT ARE STATED IN THE LETTER TO DELAY ADOPTION OF
 A RULE.
   (E)  FOLLOWING  CONSIDERATION OF ALL QUESTIONS OR CONCERNS, AS WELL AS
 ALTERNATIVES, AGENCIES SHALL BE ALLOWED TO WITHDRAW OR REVISE A PROPOSED
 RULE DURING OR AFTER THE NINETY DAY PERIOD OF DELAY HAS ENDED,  PURSUANT
 TO THE RULE MAKING REQUIREMENTS OF THIS SECTION.
   (F) NO AGENCY SHALL BE COMPELLED TO CHANGE A PROPOSED RULE IN RESPONSE
 TO  A  LETTER  TO  DELAY  ADOPTION  OF  A RULE. HOWEVER, ANY AGENCY THAT
 RECEIVES A LETTER TO DELAY ADOPTION OF A RULE MUST AT LEAST  RESPOND  TO
 EACH  SPECIFIC  QUESTION  OR  CONCERN  RAISED IN THAT LETTER, WITHIN THE
 ASSESSMENT OF PUBLIC COMMENT MADE PURSUANT TO  THE  NOTICE  OF  ADOPTION
 REQUIREMENTS OF PARAGRAPH (B) OF SUBDIVISION FIVE OF THIS SECTION.
   (G)  THE  ADMINISTRATIVE  REGULATIONS  REVIEW  COMMISSION WILL HAVE NO
 ABILITY TO DELAY A RULE THAT IS ADOPTED ON AN EMERGENCY  BASIS  PURSUANT
 TO SUBDIVISION SIX OF THIS SECTION.
   § 4. This act shall take effect immediately.
 
                                 SUBPART B
 
   Section 1. Paragraphs (e) and (f) of subdivision 2 of section 202-b of
 the state administrative procedure act are relettered paragraphs (f) and
 (g) and a new paragraph (e) is added to read as follows:
   (E)  AN  ASSESSMENT  OF  THE MINIMUM TIME THAT WILL BE NEEDED BY SMALL
 BUSINESSES AND LOCAL GOVERNMENTS TO COME INTO COMPLIANCE WITH THE  RULE,
 TAKING  INTO  CONSIDERATION ANY APPLICABLE PRACTICAL, LEGAL AND ECONOMIC
 OR FISCAL CONSTRAINTS ON SUCH COMPLIANCE, AND A DESCRIPTION OF THE MEAS-
 URES THAT THE AGENCY INTENDS TO UTILIZE TO ENSURE THAT SMALL  BUSINESSES
 AND LOCAL GOVERNMENTS ARE INFORMED OF NEW OR AMENDED COMPLIANCE REQUIRE-
 MENTS WITH SUFFICIENT LEAD TIME TO ACHIEVE COMPLIANCE WITHOUT EXPERIENC-
 ING UNNECESSARY COSTS OR BURDENS;
   §  2.  The  opening  paragraph  and  paragraph (b) of subdivision 6 of
 section 202-b of the state administrative procedure act, as  amended  by
 chapter 611 of the laws of 1996, are amended to read as follows:

 S. 7505--B                         143
 
   When  any rule is proposed for which a regulatory flexibility analysis
 is required, the agency shall assure that IT HAS ACTIVELY SOLICITED  THE
 PARTICIPATION OF small businesses and local governments [have been given
 an  opportunity to participate] in the rule making through ACTIVITIES IN
 ADDITION  TO  PUBLICATION IN THE STATE REGISTER AND POSTING ON THE AGEN-
 CY'S WEBSITE, such [activities] as:
   (b) the direct notification of interested small businesses  and  local
 governments  affected by the proposed rule OR ORGANIZATIONS REPRESENTING
 THE INTERESTS OF SUCH ENTITIES;
   § 3. This act shall take effect on the first of November next succeed-
 ing the date on which it shall have become a law and shall apply to  all
 rules  for  which  a  notice  of proposed rule making is published on or
 after such date.
 
                                 SUBPART C
 
   Section 1. Subparagraph (iv) of paragraph  (c)  of  subdivision  5  of
 section  202  of  the  state administrative procedure act, as amended by
 chapter 610 of the laws of 1987, is amended to read as follows:
   (iv) give the effective date of the  rule,  PROVIDED,  HOWEVER,  THAT,
 WITH  RESPECT  TO  RULES  THAT  REQUIRE CHANGES TO COMPLIANCE OR BILLING
 STANDARDS THAT COULD RESULT IN EVENTUAL WITHHOLDINGS OR TAKEBACKS DUE TO
 MEDICAID AUDITING AND/OR  SELF-DISCLOSURE  OBLIGATIONS,  SUCH  EFFECTIVE
 DATE  SHALL  NOT BE SOONER THAN NINETY (90) DAYS FROM THE PUBLICATION OF
 THE NOTICE OF ADOPTION OF THE RULE;
   § 2. This act shall take effect on the sixtieth  day  after  it  shall
 have become a law.
 
                                 SUBPART D
 
   Section  1.  Paragraph  (a)  of  subdivision 4-a of section 202 of the
 state administrative procedure act, as amended by  chapter  396  of  the
 laws of 1993, is amended to read as follows:
   (a)  Except  with  respect to any rule defined in subparagraph (ii) of
 paragraph (a) of subdivision two of section  one  hundred  two  of  this
 chapter,  prior  to  the  adoption  of  a rule, an agency shall submit a
 notice of revised rule making to the secretary of state for  publication
 in the state register for any proposed rule which contains a substantial
 revision. The public shall be afforded an opportunity to submit comments
 on the revised text of a proposed rule. Unless a different time is spec-
 ified  in  statute, the notice of revised rule making must appear in the
 state register at least [thirty] FORTY-FIVE days prior to  the  adoption
 of  the  rule. The notice of revised rule making shall indicate the last
 date for submission of comments on the  revised  text  of  the  proposed
 rule,  which,  unless a different time is specified in statute, shall be
 not less than [thirty] FORTY-FIVE days after the date of publication  of
 such notice.
   § 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

 S. 7505--B                         144
 
 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 D of this act  shall
 be as specifically set forth in the last section of such Subparts.
 
                                 PART YYY
 
   Section  1.  Short  title. This act shall be known and may be cited as
 the "small business negotiated rule making act of 2018".
   § 2. Legislative intent. The legislature hereby finds  that  providing
 additional  opportunities  for  direct small business and public partic-
 ipation in  the  development  of  potentially  controversial  rules  can
 enhance  the  ability  of the agency to develop the most appropriate and
 effective regulatory language, and can reduce the time and expense occa-
 sioned by litigation over the rule. Negotiated rule  making  provides  a
 means  of  improving  the  substance and increasing the acceptability of
 rules, by affording to the agency, regulated small  businesses  and  the
 public  the opportunity for face-to-face negotiations over a rule making
 proposal which is under development by the agency. The  opportunity  for
 representatives  of  the various persons and small businesses interested
 in a rule to meet and communicate with each other provides  a  framework
 for  the  sharing  of  information,  knowledge and expertise in order to
 develop a consensus on the most effective and  appropriate  rule  making
 proposal.    Fair representation of all interested parties and a skilled
 facilitator are essential  elements  of  a  successful  negotiated  rule
 making process.
   Therefore, the legislature declares it to be in the public interest to
 set  forth  a  statutory process for negotiated rule making in the state
 administrative procedure act  as  an  alternative  means  of  developing
 appropriate and effective proposed rules.
   § 3. The state administrative procedure act is amended by adding a new
 article 2-A to read as follows:
                                ARTICLE 2-A
                          NEGOTIATED RULE MAKING
 
 SECTION 250. PURPOSE OF ARTICLE.
         251. DEFINITIONS.
         252. DETERMINATION OF THE NEED FOR NEGOTIATED RULE MAKING.
         253. NOTICE OF PROPOSED COMMITTEE FORMATION.
         254. COMMITTEE ESTABLISHMENT.
         255. CONDUCT OF COMMITTEE ACTIVITIES.
         256. COMMITTEE TERMINATION.
         257. SERVICES,  FACILITIES  AND PAYMENT OF EXPENSES OF COMMITTEE
                MEMBERS.
         258. JUDICIAL REVIEW.
 
   § 250. PURPOSE OF ARTICLE. THE PURPOSE OF THIS ARTICLE IS TO ESTABLISH
 A STATUTORY FRAMEWORK FOR THE  SELECTION  OF  APPROPRIATE  SUBJECTS  FOR
 NEGOTIATED  RULE  MAKING, AND FOR THE CONDUCT OF NEGOTIATED RULE MAKING.
 NOTHING IN THIS ARTICLE IS  INTENDED  TO  LIMIT  OTHER  INNOVATIVE  RULE
 MAKING PROCEDURES OTHERWISE AUTHORIZED BY STATUTE.
   § 251. DEFINITIONS. AS USED IN THIS ARTICLE:
   1. "CONSENSUS" MEANS UNANIMOUS CONCURRENCE AMONG THE INTERESTS REPRES-
 ENTED ON A NEGOTIATED RULE MAKING COMMITTEE ESTABLISHED PURSUANT TO THIS
 ARTICLE,  UNLESS  SUCH  COMMITTEE BY UNANIMOUS CONCURRENCE (A) AGREES TO

 S. 7505--B                         145

 DEFINE SUCH TERM TO MEAN A GENERAL BUT NOT UNANIMOUS CONCURRENCE; OR (B)
 AGREES UPON ANOTHER SPECIFIED DEFINITION.
   2.   "FACILITATOR"   MEANS  A  PERSON  WHO  IMPARTIALLY  AIDS  IN  THE
 DISCUSSIONS AND NEGOTIATIONS AMONG THE  MEMBERS  OF  A  NEGOTIATED  RULE
 MAKING COMMITTEE IN DEVELOPING A PROPOSED RULE.
   3.  "INTEREST"  MEANS,  WITH  RESPECT  TO AN ISSUE OR MATTER, MULTIPLE
 PARTIES WHICH HAVE A SIMILAR POINT OF VIEW OR WHICH  ARE  LIKELY  TO  BE
 AFFECTED IN A SIMILAR MANNER.
   4.  "NEGOTIATED  RULE  MAKING"  MEANS RULE MAKING THROUGH THE USE OF A
 NEGOTIATED RULE MAKING COMMITTEE.
   5. "NEGOTIATED RULE MAKING COMMITTEE" OR "COMMITTEE" MEANS AN ADVISORY
 COMMITTEE ESTABLISHED BY AN AGENCY IN ACCORDANCE WITH THE PROVISIONS  OF
 THIS  ARTICLE TO CONSIDER AND DISCUSS ISSUES FOR THE PURPOSE OF REACHING
 A CONSENSUS IN THE DEVELOPMENT OF A PROPOSED RULE.
   § 252. DETERMINATION OF THE NEED FOR NEGOTIATED  RULE  MAKING.  1.  AN
 AGENCY  MAY  PROPOSE  TO ESTABLISH A NEGOTIATED RULE MAKING COMMITTEE TO
 NEGOTIATE AND DEVELOP A PROPOSED RULE, IF THE HEAD OF THE AGENCY  DETER-
 MINES  THAT  THE USE OF NEGOTIATED RULE MAKING IS APPROPRIATE AND IN THE
 PUBLIC INTEREST. IN MAKING THIS DETERMINATION THE  HEAD  OF  THE  AGENCY
 SHALL CONSIDER WHETHER:
   (A) THERE IS A NEED FOR A RULE;
   (B)  THERE  ARE  A  LIMITED  NUMBER OF IDENTIFIABLE INTERESTS OR SMALL
 BUSINESSES THAT WILL BE SIGNIFICANTLY AFFECTED BY THE RULE;
   (C) THERE IS A REASONABLE LIKELIHOOD THAT  SUCH  A  COMMITTEE  CAN  BE
 CONVENED  WITH  BALANCED  REPRESENTATION  OF  PERSONS WHO CAN ADEQUATELY
 REPRESENT THE INTEREST IDENTIFIED UNDER PARAGRAPH (B) OF  THIS  SUBDIVI-
 SION AND WHO ARE WILLING TO NEGOTIATE IN GOOD FAITH TO REACH A CONSENSUS
 ON A PROPOSED RULE;
   (D)  THERE IS REASONABLE LIKELIHOOD THAT SUCH A COMMITTEE WILL REACH A
 CONSENSUS ON THE PROPOSED RULE WITHIN A FIXED PERIOD OF TIME;
   (E) USE OF NEGOTIATED RULE MAKING  WILL  NOT  UNREASONABLY  DELAY  THE
 NOTICE OF PROPOSED RULE MAKING AND THE ISSUANCE OF A FINAL RULE;
   (F)  THE  AGENCY  HAS ADEQUATE RESOURCES AND IS WILLING TO COMMIT SUCH
 RESOURCES AS MAY BE NEEDED, INCLUDING TECHNICAL ASSISTANCE, TO A NEGOTI-
 ATED RULE MAKING COMMITTEE;
   (G) THE NEGOTIATED RULE MAKING  WILL  NOT  IMPOSE  A  DISADVANTAGE  ON
 PERSONS  WHOSE  PARTICIPATION IS ESSENTIAL BUT WHO LACK THE RESOURCES TO
 PARTICIPATE, OR, IF PARTICIPATION WOULD IMPOSE SUCH DISADVANTAGE, IT  IS
 LIKELY THAT THE AGENCY MAY OBTAIN AND MAKE AVAILABLE SUCH RESOURCES IN A
 MANNER  CONSISTENT WITH SECTION TWO HUNDRED FIFTY-SEVEN OF THIS ARTICLE;
 AND
   (H) THE AGENCY WILL USE THE CONSENSUS OF THE COMMITTEE WITH RESPECT TO
 THE PROPOSED RULE AS THE BASIS FOR A RULE PROPOSED  BY  THE  AGENCY  FOR
 NOTICE AND COMMENT.
   2.  AN  AGENCY WHICH DETERMINES THAT THE PROPOSAL OF A NEGOTIATED RULE
 MAKING PROCEEDING IS  APPROPRIATE  AND  IN  THE  PUBLIC  INTEREST  SHALL
 PROPOSE  SUCH  ACTION TO THE COMMITTEE. SUCH PROPOSAL SHALL INDICATE THE
 BASIS FOR THE AGENCY'S DETERMINATION, AND SHALL LIST THE INTERESTS WHICH
 THE AGENCY BELIEVES TO BE NECESSARY FOR REPRESENTATION IN THE NEGOTIATED
 RULE MAKING PROCEEDING AND THE BASIS FOR DETERMINING THAT  THE  PROPOSED
 LIST  OF  INTERESTS IS FAIR AND BALANCED. THE AGENCY'S PROPOSAL SHALL BE
 MADE AVAILABLE TO THE PUBLIC ON REQUEST.
   § 253. NOTICE  OF  PROPOSED  COMMITTEE  FORMATION.  1.  IF  AN  AGENCY
 APPROVES  THE  PROPOSAL TO CONDUCT A NEGOTIATED RULE MAKING  PROCEEDING,
 THEN THE AGENCY SHALL PUBLISH IN THE STATE REGISTER AND SUCH  TRADE  AND

 S. 7505--B                         146
 
 OTHER SPECIALIZED PUBLICATIONS, AND BY SUCH ELECTRONIC MEANS AS IT DEEMS
 APPROPRIATE A NOTICE WHICH SHALL INCLUDE:
   (A)  AN ANNOUNCEMENT THAT THE AGENCY INTENDS TO ESTABLISH A NEGOTIATED
 RULE MAKING COMMITTEE TO NEGOTIATE AND DEVELOP A PROPOSED RULE;
   (B) A DESCRIPTION OF THE SUBJECT AND SCOPE OF THE RULE  TO  BE  DEVEL-
 OPED, AND THE ISSUES TO BE CONSIDERED;
   (C)  A  LIST  OF  SMALL BUSINESSES AND OTHER INTERESTS WHICH HAVE BEEN
 DETERMINED TO BE LIKELY TO BE SIGNIFICANTLY AFFECTED BY THE RULE;
   (D) A LIST OF THE PERSONS PROPOSED TO REPRESENT SUCH INTERESTS AND THE
 PERSON OR PERSONS PROPOSED TO REPRESENT THE AGENCY;
   (E) A PROPOSED AGENDA AND SCHEDULE FOR  COMPLETING  THE  WORK  OF  THE
 COMMITTEE,  INCLUDING  A  TARGET DATE FOR PUBLICATION BY THE AGENCY OF A
 PROPOSED RULE FOR NOTICE AND COMMENT;
   (F) A DESCRIPTION OF ADMINISTRATIVE SUPPORT  TO  BE  PROVIDED  TO  THE
 COMMITTEE BY THE AGENCY;
   (G)  A SOLICITATION OF COMMENTS ON THE PROPOSAL TO ESTABLISH A COMMIT-
 TEE, AND THE PROPOSED MEMBERSHIP OF THE COMMITTEE; AND
   (H) AN EXPLANATION OF HOW A  PERSON  MAY  APPLY  TO  NOMINATE  ANOTHER
 PERSON FOR MEMBERSHIP ON THE COMMITTEE, AS PROVIDED IN SUBDIVISION THREE
 OF THIS SECTION.
   2.  SPECIAL  EFFORTS  SHALL  BE  MADE BY THE AGENCY TO SOLICIT PARTIC-
 IPATION BY SMALL BUSINESSES, RESIDENTS OF RURAL AREAS, INNER-CITY  URBAN
 AREAS,  MINORITY  AND  DISADVANTAGED GROUPS, AND OTHER INTERESTS WHO MAY
 OTHERWISE NOT BE REPRESENTED OR MAY BE UNDERREPRESENTED IN  THE  NEGOTI-
 ATED RULE MAKING PROCEEDING.
   3.  PERSONS WHO WOULD BE SIGNIFICANTLY AFFECTED BY A PROPOSED RULE AND
 WHO BELIEVE THAT THEIR INTERESTS WOULD NOT BE ADEQUATELY REPRESENTED  BY
 ANY  PERSON  PROPOSED BY THE AGENCY TO REPRESENT THEIR INTERESTS, OR WHO
 BELIEVE THAT THE PROPOSED REPRESENTATION OF INTERESTS ON  THE  COMMITTEE
 WILL  NOT BE FAIR AND BALANCED, MAY APPLY FOR OR NOMINATE ANOTHER PERSON
 FOR MEMBERSHIP ON THE  COMMITTEE  TO  REPRESENT  SUCH  INTERESTS  OR  TO
 ACHIEVE SUCH BALANCE. EACH APPLICATION OR NOMINATION SHALL INCLUDE:
   (A)  THE  NAME  OF  THE  APPLICANT OR NOMINEE AND A DESCRIPTION OF THE
 INTERESTS SUCH PERSON SHALL REPRESENT;
   (B) INFORMATION THAT THE APPLICANT OR NOMINEE IS QUALIFIED  TO  REPRE-
 SENT SUCH INTERESTS;
   (C)  A WRITTEN COMMITMENT THAT THE APPLICANT OR NOMINEE SHALL ACTIVELY
 PARTICIPATE IN GOOD FAITH IN THE DEVELOPMENT OF THE RULE UNDER CONSIDER-
 ATION; AND
   (D) THE REASONS FOR BELIEVING THAT ANY PERSON OR PERSONS  PROPOSED  TO
 REPRESENT  INTERESTS IN THE NOTICE PUBLISHED PURSUANT TO SUBDIVISION ONE
 OF THIS SECTION WOULD NOT ADEQUATELY  REPRESENT  THE  INTERESTS  OF  THE
 PERSON SUBMITTING THE APPLICATION OR NOMINATION.
   4.  THE  AGENCY SHALL PROVIDE FOR A PERIOD OF AT LEAST THIRTY CALENDAR
 DAYS FOR THE SUBMISSION OF COMMENTS AND APPLICATIONS UNDER THIS SECTION.
   5. ANY SMALL BUSINESS OR PERSON WHO IS  DISSATISFIED  WITH  AN  AGENCY
 DECISION THAT:
   (A)  IT IS NOT NECESSARY TO PROVIDE FOR REPRESENTATION OF THE INTEREST
 WHICH SUCH BUSINESS OR PERSON PROPOSES TO REPRESENT; OR
   (B) AN INDIVIDUAL IS NOT THE BEST QUALIFIED  PERSON  TO  REPRESENT  AN
 INTEREST,  MAY  APPEAL  SUCH  DECISION  TO  THE AGENCY. SUCH BUSINESS OR
 PERSON SHALL ADVISE THE AGENCY OF SUCH  APPEAL  AND  SHALL  PROVIDE  THE
 COMMITTEE  AND  AGENCY WITH A STATEMENT OF THE BASIS FOR SUCH APPEAL. IN
 MAKING A DECISION ON REPRESENTATION OF AN  INTEREST,  EVIDENCE  THAT  AN
 ORGANIZATION HAS AUTHORIZED A PERSON TO REPRESENT IT SHALL BE SUFFICIENT
 TO  DEMONSTRATE THAT SUCH INDIVIDUAL IS BEST QUALIFIED TO REPRESENT THAT

 S. 7505--B                         147
 
 ORGANIZATION.  THE AGENCY SHALL NOTIFY THE PROPOSED COMMITTEE MEMBERS OF
 THE APPEAL. THE DECISION BY THE AGENCY SHALL  BE  ISSUED  WITHIN  THIRTY
 DAYS AND SHALL BE FINAL.
   §  254.  COMMITTEE  ESTABLISHMENT.  1.  AFTER CONSIDERING COMMENTS AND
 APPLICATIONS SUBMITTED PURSUANT TO SECTION TWO  HUNDRED  FIFTY-THREE  OF
 THIS  ARTICLE,  THE  AGENCY  SHALL  DETERMINE  WHETHER A NEGOTIATED RULE
 MAKING COMMITTEE CAN  ADEQUATELY  REPRESENT,  IN  A  FAIR  AND  BALANCED
 MANNER,  ALL  INTERESTS  THAT  WILL  BE  SIGNIFICANTLY  AFFECTED  BY THE
 PROPOSED RULE, AND WHETHER IT  WOULD  BE  FEASIBLE  AND  APPROPRIATE  TO
 ESTABLISH  A COMMITTEE FOR A PARTICULAR RULE MAKING. IN ESTABLISHING AND
 ADMINISTERING A COMMITTEE, THE AGENCY SHALL COMPLY WITH  THE  INTENT  OF
 THIS ARTICLE.
   2.  THE  AGENCY SHALL PROMPTLY PUBLISH NOTICE OF ITS DETERMINATION AND
 THE REASONS THEREFOR IN THE STATE  REGISTER,  IN  SUCH  TRADE  OR  OTHER
 SPECIALIZED  PUBLICATIONS,  OR BY ELECTRONIC MEANS AS IT DEEMS APPROPRI-
 ATE. IN ADDITION, A COPY OF SUCH NOTICE SHALL BE SENT TO ANY PERSON  WHO
 APPLIED  FOR  OR NOMINATED ANOTHER PERSON FOR MEMBERSHIP ON SUCH COMMIT-
 TEE.
   3. THE AGENCY SHALL PROVIDE APPROPRIATE ADMINISTRATIVE SUPPORT TO  THE
 COMMITTEE, INCLUDING TECHNICAL ASSISTANCE.
   § 255. CONDUCT OF COMMITTEE ACTIVITIES. 1. EACH NEGOTIATED RULE MAKING
 COMMITTEE  ESTABLISHED  PURSUANT  TO  THIS  ARTICLE  SHALL  CONSIDER THE
 MATTERS PROPOSED FOR CONSIDERATION BY THE AGENCY AND  SHALL  ATTEMPT  TO
 REACH CONSENSUS ON A PROPOSED RULE WITH RESPECT TO SUCH MATTERS.
   2.  THE PERSON OR PERSONS REPRESENTING THE AGENCY ON A COMMITTEE SHALL
 PARTICIPATE IN THE DELIBERATIONS AND ACTIVITIES OF  THE  COMMITTEE  WITH
 THE SAME RIGHTS AND RESPONSIBILITIES AS THE OTHER MEMBERS OF THE COMMIT-
 TEE,  AND  SHALL  BE  AUTHORIZED  TO  FULLY  REPRESENT THE AGENCY IN THE
 DISCUSSIONS AND NEGOTIATIONS OF THE COMMITTEE.
   3. THE AGENCY SHALL NOMINATE A PERSON TO SERVE AS  A  FACILITATOR  FOR
 THE  NEGOTIATIONS  OF  THE  COMMITTEE,  SUBJECT  TO  THE APPROVAL OF THE
 COMMITTEE BY CONSENSUS. IF THE COMMITTEE DOES NOT APPROVE THE NOMINEE OF
 THE AGENCY AS FACILITATOR, THE COMMITTEE SHALL  SELECT  BY  CONSENSUS  A
 PERSON TO SERVE AS THE FACILITATOR. A PERSON DESIGNATED TO REPRESENT THE
 AGENCY IN NEGOTIATION OF SUBSTANTIVE ISSUES SHALL NOT SERVE AS FACILITA-
 TOR OR CHAIR OF THE COMMITTEE.
   4. A FACILITATOR APPROVED OR SELECTED BY A COMMITTEE SHALL:
   (A) CHAIR THE MEETINGS OF THE COMMITTEE IN AN IMPARTIAL MANNER;
   (B)  IMPARTIALLY  ASSIST  THE  MEMBERS  OF THE COMMITTEE IN CONDUCTING
 DISCUSSIONS AND NEGOTIATIONS;
   (C) MANAGE THE KEEPING OF COMMITTEE MINUTES, EXCEPT THAT ANY  PERSONAL
 NOTES AND MATERIALS OF THE FACILITATOR OR MEMBERS OF THE COMMITTEE SHALL
 NOT BE SUBJECT TO THIS SECTION; AND
   (D)  AT  THE CONCLUSION OF THE PROCEEDING, PROVIDE THE AGENCY WITH HIS
 OR HER OBSERVATIONS AND COMMENTS ON THE USEFULNESS AND EFFECTIVENESS  OF
 THE  NEGOTIATED RULE MAKING PROCEEDING, AND SUCH OTHER COMMENTS AS HE OR
 SHE DEEMS PERTINENT.
   5. A COMMITTEE ESTABLISHED PURSUANT TO THIS ARTICLE MAY  ADOPT  PROCE-
 DURES GOVERNING ITS OPERATION NOT INCONSISTENT WITH THE LAW.
   6.  (A)  IF A COMMITTEE REACHES A CONSENSUS ON A PROPOSED RULE, AT THE
 CONCLUSION OF NEGOTIATIONS THE COMMITTEE SHALL TRANSMIT  TO  THE  AGENCY
 WHICH  ESTABLISHED THE COMMITTEE A REPORT CONTAINING SUCH PROPOSED RULE,
 WHICH SHALL BE PROPOSED FOR ADOPTION BY THE AGENCY WITHIN SIXTY DAYS  OF
 RECEIPT  OF  THE  REPORT. IF THE COMMITTEE DOES NOT REACH CONSENSUS ON A
 PROPOSED RULE, THE COMMITTEE MAY TRANSMIT TO THE AGENCY A REPORT  SPECI-
 FYING  ANY AREAS IN WHICH THE COMMITTEE REACHED A CONSENSUS. THE COMMIT-

 S. 7505--B                         148
 
 TEE MAY INCLUDE IN THE REPORT AND OTHER INFORMATION, RECOMMENDATIONS  OR
 MATERIALS THAT THE COMMITTEE CONSIDERS APPROPRIATE. ANY COMMITTEE MEMBER
 MAY  INCLUDE AS AN ADDENDUM TO THE REPORT ADDITIONAL INFORMATION, RECOM-
 MENDATIONS OR MATERIALS.
   (B)  ANY REPORT TRANSMITTED PURSUANT TO THIS SECTION SHALL BE PROVIDED
 TO THE COMMITTEE AT THE SAME TIME SUCH REPORT IS PROVIDED TO THE AGENCY.
   7. IN ADDITION TO THE REPORT  REQUIRED  BY  SUBDIVISION  SIX  OF  THIS
 SECTION,  A  COMMITTEE SHALL SUBMIT TO THE AGENCY THE RECORDS, MATERIALS
 AND REPORTS THAT WERE USED TO ARRIVE AT ITS  RECOMMENDATIONS.  ALL  SUCH
 RECORDS  SHALL  BE MADE AVAILABLE TO THE PUBLIC FOR INSPECTION AND COPY-
 ING.
   8. ALL RECORDS AND REPORTS MADE PURSUANT TO THIS SECTION,  EXCEPT  FOR
 ANY  PERSONAL  NOTES  AND MATERIALS OF THE FACILITATOR OR MEMBERS OF THE
 COMMITTEE, SHALL BE OPEN AND ACCESSIBLE TO THE PUBLIC FOR INSPECTION AND
 COPYING.
   § 256. COMMITTEE TERMINATION. A NEGOTIATED RULE MAKING COMMITTEE SHALL
 TERMINATE UPON PROMULGATION  OF  THE  FINAL  RULE  UNDER  CONSIDERATION,
 UNLESS THE COMMITTEE'S CHARTER CONTAINS AN EARLIER TERMINATION DATE.
   §  257.  SERVICES,  FACILITIES  AND  PAYMENT  OF EXPENSES OF COMMITTEE
 MEMBERS. 1. AN AGENCY  MAY  EMPLOY  OR  ENTER  INTO  CONTRACTS  FOR  THE
 SERVICES  OF  AN  INDIVIDUAL OR ORGANIZATION TO SERVE AS THE FACILITATOR
 FOR A NEGOTIATED RULE MAKING COMMITTEE UNDER THIS ARTICLE,  OR  MAY  USE
 THE  SERVICES  OF  A STATE EMPLOYEE TO ACT AS THE FACILITATOR FOR SUCH A
 COMMITTEE.
   2. FOR THE PURPOSES OF THIS SECTION, AN AGENCY MAY  USE  THE  SERVICES
 AND  FACILITIES OF OTHER STATE AGENCIES, AND PUBLIC AND PRIVATE AGENCIES
 AND INSTRUMENTALITIES, WITH THE CONSENT OF SUCH AGENCIES AND  INSTRUMEN-
 TALITIES,  AND  MAY  RECEIVE  AND  ACCEPT  VOLUNTARY  AND  UNCOMPENSATED
 SERVICES FROM THEM.
   3. MEMBERS OF A COMMITTEE SHALL BE RESPONSIBLE FOR THEIR OWN  EXPENSES
 OF PARTICIPATION ON SUCH COMMITTEE.
   § 258. JUDICIAL REVIEW. ANY ACTION RELATING TO ESTABLISHING, ASSISTING
 OR TERMINATING A NEGOTIATED RULE MAKING COMMITTEE PURSUANT TO THIS ARTI-
 CLE  SHALL  NOT  BE  SUBJECT TO JUDICIAL REVIEW. NOTHING IN THIS SECTION
 SHALL BAR JUDICIAL REVIEW OF A RULE IF SUCH JUDICIAL REVIEW IS OTHERWISE
 PROVIDED BY LAW. A RULE WHICH IS THE PRODUCT OF NEGOTIATED  RULE  MAKING
 AND  IS  SUBJECT  TO  JUDICIAL  REVIEW SHALL NOT BE ACCORDED ANY GREATER
 DEFERENCE BY A COURT THAN A RULE WHICH IS  THE  PRODUCT  OF  OTHER  RULE
 MAKING PROCEDURES.
   § 4. The provisions of this act shall preempt and supersede any incon-
 sistent executive order relating to negotiated rule making.
   § 5. This act shall take effect immediately.
 
                                 PART ZZZ
 
   Section  1.  This Part enacts into law components of legislation. 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 act sets forth  the  general
 effective date of this act.

 S. 7505--B                         149
 
                                 SUBPART A
 
   Section 1. Section 204-a of the state administrative procedure act, as
 added by chapter 479 of the laws of 2001, is amended to read as follows:
   § 204-a. Alternate methods for implementing regulatory mandates. 1. As
 used in this section:
   (a)  "local  government" means any county, city, town, village, school
 district, fire district or other special district;
   (b) "regulatory mandate" means any rule which  requires  one  or  more
 local governments to create a new program, increase the level of service
 for an existing program or otherwise comply with mandatory requirements;
 and
   (c)  "petition"  means  a  document submitted by a local government OR
 GOVERNMENTS seeking approval of an alternate method for  implementing  a
 regulatory mandate.
   2.  A LOCAL GOVERNMENT, OR TWO OR MORE LOCAL GOVERNMENTS ACTING JOINT-
 LY, MAY SEEK APPROVAL FOR AN ALTERNATE METHOD OF IMPLEMENTING A  REGULA-
 TORY  MANDATE  BY  SUBMITTING TO THE APPROPRIATE STATE AGENCY A petition
 WHICH shall include BUT NOT BE LIMITED TO:
   (a) FOR EACH INVOLVED LOCAL GOVERNMENT, an indication that  submission
 has been approved by the governing body of the local government or by an
 officer duly authorized by the governing body to do so;
   (b)  an  identification of the regulatory mandate which is the subject
 of the  petition  and  information  sufficient  to  establish  that  the
 proposed  alternate method of implementation is consistent with and will
 effectively carry out the objectives of the regulatory mandate;
   (c) information on [the] ANY process used by the local  government  OR
 GOVERNMENTS  to  ensure,  WHERE  APPROPRIATE, that all stakeholders have
 been [appropriately] involved in the process of developing the alternate
 method, including where relevant the date of any hearing, forum or other
 meeting to seek input on the alternate method;
   (d) documentation that the petition has been submitted to the  author-
 ized  agents  of  any  certified  or  recognized  employee organizations
 representing employees who would be [effected] AFFECTED  by  implementa-
 tion of the alternate method;
   (e)  [a proposed plan and timetable for compiling and reporting infor-
 mation to facilitate evaluation of the effectiveness  of  the  alternate
 method;
   (f) if] WHETHER the state [provides] HAS PROVIDED financial assistance
 for  complying  with  the  regulatory  mandate[,  any proposed amount or
 percentage of such assistance which would be returned to the  state  due
 to savings from implementing the alternate method]; [and
   (g)]  (F)  the name, public office address and telephone number of the
 representative of [the] EACH PETITIONING local government who will coor-
 dinate requests for additional information on the petition[.]; AND
   [3. Two] (G) WHERE TWO or more local governments [may submit  a  peti-
 tion]  HAVE  PETITIONED  jointly,  [provided  that each local government
 meets the requirements of paragraphs (a), (c), (d) and (g)  of  subdivi-
 sion  two  of  this section, and provided that the petition] INFORMATION
 WHICH addresses the manner in which  responsibility  for  implementation
 will be allocated between or among the participating local governments.
   [4.]  3.  The  agency  shall  cause  a  notice  of  the petition to be
 published in the state register AND A NEWSPAPER OF  GENERAL  CIRCULATION
 IN THE IMPACTED COMMUNITY and shall receive comments on the petition for
 a  period of thirty days. Such notice shall either include the full text
 of the information set forth in the petition  or  shall  set  forth  the

 S. 7505--B                         150
 
 address  of a website on which the full text has been posted. The notice
 shall include the name, public office address [and], telephone  number[,
 and may include a fax number] and electronic mail address[,] of an agen-
 cy  representative  from whom additional information on the petition can
 be obtained and to whom comments on the petition may be submitted.
   [5.] 4. (a) Not later than thirty days  after  the  last  day  of  the
 comment period, the agency shall approve or disapprove the petition. The
 agency  may  approve the petition without change or with such conditions
 or modifications as the agency deems appropriate. Notice of  the  agency
 determination  INCLUDING  ANY  SUCH CONDITIONS OR MODIFICATIONS shall be
 provided in writing to the local government and shall  be  published  in
 the  state  register.  SUCH NOTICE SHALL EITHER INCLUDE THE FULL TEXT OF
 THE DETERMINATION OR SHALL SET FORTH THE ADDRESS OF A WEBSITE  ON  WHICH
 THE  FULL  TEXT  HAS  BEEN POSTED. The agency shall not grant a petition
 unless it determines that the  petition  has  met  the  requirements  of
 subdivision two of this section and that the local government has estab-
 lished that the alternate method is consistent with and will effectively
 carry  out  the objectives of the regulatory mandate; provided, however,
 that no petition shall be approved which would result in the  contraven-
 tion of any environmental, health or safety standard or would reduce any
 benefits  or rights accorded by law or rule to third parties. In approv-
 ing a petition, an agency may waive a statutory provision only if it  is
 specifically  authorized  by  law  to  waive such provision. An approval
 shall include a timetable for agency evaluation of the effectiveness  of
 the alternate method.
   (b)  Notwithstanding  the provisions of paragraph (a) of this subdivi-
 sion, upon receipt of an objection to a  petition  from  the  authorized
 agent  of any certified or recognized employee organization representing
 employees who would be affected by implementation of the alternate meth-
 od, the agency shall provide any such organizations with an  opportunity
 for  a hearing. If an adjudicatory proceeding is requested, the petition
 shall not be approved unless the agency determines by a preponderance of
 the evidence that implementing the alternate  method  would  not  affect
 such employees by contravening any environmental, health or safety stan-
 dard,  reducing  any  rights  or  benefits or violating the terms of any
 negotiated agreement, and that all other requirements  of  this  section
 have been met. The provisions of this subdivision are in addition to and
 shall  not be construed to impair or modify any rights of such employees
 under any other law, regulation or contract.
   5. NOT LATER THAN THE FIRST DAY OF FEBRUARY, ANY AGENCY THAT HAS  MADE
 ONE  OR MORE DETERMINATIONS PURSUANT TO SUBDIVISION FOUR OF THIS SECTION
 IN THE PRECEDING CALENDAR YEAR SHALL SUBMIT FOR PUBLICATION IN THE STATE
 REGISTER A NOTICE IDENTIFYING, FOR EACH SUCH  DETERMINATION,  THE  LOCAL
 GOVERNMENT  OR  GOVERNMENTS  THAT SUBMITTED THE PETITION, THE REGULATORY
 MANDATE, THE ISSUE OF THE STATE REGISTER IN WHICH THE NOTICE OF DETERMI-
 NATION WAS PUBLISHED, AND THE ADDRESS OF A WEBSITE  ON  WHICH  THE  FULL
 TEXT  OF THE DETERMINATION HAS BEEN POSTED. THE FULL TEXT SHALL BE MAIN-
 TAINED FOR THE ENTIRE PERIOD THAT A PETITION REMAINS APPROVED.
   6. Nothing in  this  section  shall  require  a  local  government  to
 commence  or continue an alternate method of implementation if it deter-
 mines in its sole discretion not to do so, except to the extent  that  a
 local  government has committed to commencing or continuing an alternate
 method in a joint petition submitted pursuant to subdivision [three] TWO
 of this section.
   7. A state agency may rescind its approval of a petition [at any  time
 if  it  determines,  based on the information reported pursuant to para-

 S. 7505--B                         151

 graph (e) of subdivision two of this section or other information avail-
 able to it, that the alternate method is not  effectively  carrying  out
 the  objectives  of  the regulatory mandate or is being implemented in a
 manner  detrimental  to  the  public  interest]  ONLY  AFTER  A HEARING,
 PROVIDED, HOWEVER, THAT THE AGENCY MAY SUSPEND ITS APPROVAL OF  A  PETI-
 TION  PRIOR TO A HEARING IF IT FINDS THAT IMMEDIATE SUSPENSION IS NECES-
 SARY TO ADDRESS AN IMMINENT THREAT TO HEALTH  OR  SAFETY.  NOTICE  OF  A
 HEARING MUST BE PROVIDED TO THE PETITIONER AT LEAST THIRTY DAYS PRIOR TO
 THE HEARING AND MUST BE POSTED ON THE AGENCY'S WEBSITE. SUCH NOTICE MUST
 STATE  THE BASIS FOR THE AGENCY'S DECISION TO SEEK RESCISSION AND INFORM
 THE LOCAL GOVERNMENT THAT IT MAY REQUEST INFORMATION RELIED UPON BY  THE
 AGENCY  IN  MAKING ITS DETERMINATION, WHICH INFORMATION MUST BE PROVIDED
 TO THE LOCAL GOVERNMENT AT LEAST SEVEN DAYS IN ADVANCE OF  THE  HEARING.
 AFTER  SUCH  HEARING, THE AGENCY MAY RESCIND ITS APPROVAL UPON A FINDING
 THAT THE ALTERNATE METHOD OF IMPLEMENTATION IS NOT  CONSISTENT  WITH  OR
 DOES NOT EFFECTIVELY CARRY OUT THE OBJECTIVES OF THE REGULATORY MANDATE.
   [7.]  8. Notwithstanding any other provision of law, implementation of
 an alternate method approved by an agency pursuant to this section shall
 be deemed to lawfully meet all requirements of the  regulatory  mandate.
 An  agency  shall  retain  the  authority to enforce compliance with the
 alternate method in the same manner as it may  enforce  compliance  with
 the underlying rule. Any action on a petition by a state agency shall be
 subject  to  review pursuant to article seventy-eight of the civil prac-
 tice law and rules.
   [8.] 9. In accordance  with  the  timetable  established  pursuant  to
 subdivision  [four] THREE of this section, the agency shall evaluate the
 effectiveness of the alternate method in carrying out the objectives  of
 the  regulatory  mandate.  The  evaluation shall identify any savings or
 other benefits, and any costs or other  disadvantages,  of  implementing
 the  alternate method, and shall address the desirability of incorporat-
 ing the alternate method into the rules of the agency. Notice of  avail-
 ability of the evaluation shall be published in the state register.
   § 2. This act shall take effect on the first of January after it shall
 have become a law.
 
                                 SUBPART B
 
   Section  1.  Short  title. This act shall be known and may be cited as
 the "unfunded mandate review act".
   § 2. Section 51 of the legislative law, as added by chapter 985 of the
 laws of 1983, is amended to read as follows:
   § 51. Fiscal impact notes on bills affecting  political  subdivisions.
 1.  For  the  purpose  of this section, the term "political subdivision"
 means THE STATE, OR ANY DIVISION, AGENCY OR BODY OF THE  STATE;  OR  any
 county, city, town, village, special district or school district.
   2.  [The  legislature shall by concurrent resolution of the senate and
 assembly prescribe rules requiring fiscal notes to accompany, on a sepa-
 rate form, bills and amendments to bills, except as otherwise prescribed
 by  such  rules,  which  would  substantially  affect  the  revenues  or
 expenses, or both, of any political subdivision] WHENEVER A COMMITTEE OF
 EITHER  HOUSE REPORTS A BILL THAT INCLUDES AN UNFUNDED MANDATE AFFECTING
 A POLITICAL SUBDIVISION, THE BILL SHALL BE ACCOMPANIED BY:
   (A) AN IDENTIFICATION AND DESCRIPTION  OF  ANY  MANDATE  IN  THE  BILL
 ANTICIPATED  TO  HAVE  A  DIRECT OR INDIRECT COST, A QUALITATIVE, AND IF
 PRACTICABLE, A QUANTITATIVE ASSESSMENT OF THE COSTS AND BENEFITS OF  THE
 MANDATE; AND

 S. 7505--B                         152
 
   (B)  A  FISCAL  IMPACT  NOTE  PROVIDED BY THE COMPTROLLER. FISCAL NOTE
 ESTIMATES SHALL INCLUDE TOTAL COST OF COMPLYING WITH THE BILL AND FUTURE
 PROJECTED COSTS. IF THE COMPTROLLER DETERMINES THAT AN ESTIMATE  IS  NOT
 FEASIBLE  TO  MAKE, THE COMPTROLLER SHALL REPORT REASONS FOR DETERMINING
 AN ESTIMATE CANNOT BE MADE.
   3. Fiscal notes shall not, however, be required for bills: (a) subject
 to  the  provisions of section fifty of this chapter, or (b) accompanied
 by special home rule requests submitted by  political  subdivisions,  or
 (c)  which provide discretionary authority to political subdivisions, or
 (d) submitted pursuant to section twenty-four of the state finance law.
   4. If the estimate or estimates contained in a fiscal note are inaccu-
 rate, such inaccuracies shall not  affect,  impair  or  invalidate  such
 bill.
   5.  EXCEPT AS PROVIDED IN SUBDIVISIONS THREE AND FOUR OF THIS SECTION,
 THE LEGISLATURE SHALL NOT CONSIDER A BILL INCLUDING AN UNFUNDED  MANDATE
 AFFECTING  A  POLITICAL  SUBDIVISION  IF  IT  IS  NOT  ACCOMPANIED  BY A
 DESCRIPTION AND FISCAL IMPACT NOTE AS PROVIDED  IN  SUBDIVISION  TWO  OF
 THIS SECTION.
   § 3. The executive law is amended by adding a new section 50-a to read
 as follows:
   §  50-A.  REVIEW  OF  LEGISLATION AFFECTING POLITICAL SUBDIVISIONS. 1.
 FISCAL IMPACT NOTES ON BILLS AFFECTING POLITICAL SUBDIVISIONS. UPON  THE
 REQUEST  OF  A  LEGISLATIVE COMMITTEE CHAIRMAN   OR THE MINORITY RANKING
 MEMBER, THE COMPTROLLER SHALL PROVIDE A FISCAL IMPACT NOTE FOR ANY  BILL
 THAT  INCLUDES  AN  UNFUNDED  MANDATE AFFECTING A POLITICAL SUBDIVISION.
 FISCAL NOTE ESTIMATES SHALL INCLUDE TOTAL COST  OF  COMPLYING  WITH  THE
 BILL  AND  FUTURE PROJECTED COSTS. IF THE COMPTROLLER DETERMINES THAT AN
 ESTIMATE IS NOT FEASIBLE TO  MAKE,  THE  COMPTROLLER  SHALL  REPORT  THE
 REASONS FOR DETERMINING AN ESTIMATE CANNOT BE MADE.
   2.  CONTINUING MANDATE STUDY. THE COMPTROLLER SHALL CONDUCT A STUDY OF
 LEGISLATIVE PROPOSALS CONTAINING AN UNFUNDED MANDATE  UPON  A  POLITICAL
 SUBDIVISION.  IN CONDUCTING THIS CONTINUING STUDY, THE COMPTROLLER SHALL
 SOLICIT AND CONSIDER INFORMATION  OR  COMMENTS  FROM  ELECTED  OFFICIALS
 ADVISORY  PANELS  AND STAKEHOLDERS. TO THE EXTENT ACCURATE ESTIMATES ARE
 REASONABLY FEASIBLE, THE ESTIMATES SHALL INCLUDE  FUTURE  COSTS  TO  THE
 EXTENT THAT SUCH DIFFER SIGNIFICANTLY FROM OR EXTEND BEYOND FIVE YEARS.
   3.  COST  OF  REGULATIONS.  THE COMPTROLLER SHALL PREPARE A COMPARISON
 BETWEEN THE  ESTIMATED COSTS OF IMPLEMENTING A  REGULATION  PROVIDED  BY
 THE  RELEVANT  AGENCY AND THE   ADMINISTRATIVE REGULATION REVIEW COMMIS-
 SION, AND PROVIDE THE COMPARISON TO THE LEGISLATIVE  COMMITTEE  CHAIRMAN
 AND THE RANKING MINORITY MEMBER OF THE COMMITTEE FROM WHICH THE  REQUEST
 PURSUANT TO SECTION TWO HUNDRED EIGHT OF THE STATE ADMINISTRATIVE PROCE-
 DURE ACT ORIGINATED.
   § 4. The state administrative procedure act is amended by adding a new
 section 208 to read as follows:
   §  208.  UNFUNDED  MANDATE  REVIEW.  1. THERE IS HEREBY ESTABLISHED AN
 ADMINISTRATIVE REGULATION REVIEW COMMISSION. IT SHALL BE THE DUTY OF THE
 COMMISSION, UPON THE REQUEST OF A LEGISLATIVE COMMITTEE CHAIRMAN OR  THE
 RANKING  MINORITY  MEMBER, TO PROVIDE AN ESTIMATED  COST OF ANY PROPOSED
 REGULATION, AND TO PROVIDE SUCH ESTIMATE TO THE COMPTROLLER FOR  HIS  OR
 HER  REVIEW PURSUANT TO SUBDIVISION TWO OF SECTION FIFTY-A OF THE EXECU-
 TIVE LAW.
   2. IT SHALL BE  THE  DUTY  OF  THE  ADMINISTRATIVE  REGULATION  REVIEW
 COMMISSION  TO  EXAMINE ALL UNFUNDED MANDATES IMPOSED UPON ANY POLITICAL
 SUBDIVISION AND REPORT RECOMMENDATIONS   BIENNIALLY TO  THE  LEGISLATURE
 REGARDING:

 S. 7505--B                         153
 
   (A)  WAYS  TO  ALLOW  FLEXIBILITY  IN COMPLYING WITH SPECIFIC MANDATES
 WHICH MAY BE UNNECESSARILY RIGID OR COMPLEX;
   (B) RECONCILING ANY TWO OR MORE MANDATES WHICH IMPOSE CONTRADICTORY OR
 INCONSISTENT REQUIREMENTS;
   (C)  TERMINATING ANY DUPLICATIVE, OBSOLETE, IMPRACTICAL OR UNNECESSARY
 MANDATES;
   (D) SUSPENDING ON A TEMPORARY BASIS THE MANDATES WHICH ARE  NOT  VITAL
 TO PUBLIC HEALTH AND SAFETY;
   (E) CONSOLIDATING OR SIMPLIFYING MANDATES; AND
   (F) MITIGATING NEGATIVE IMPACTS THAT MAY RESULT FROM RELIEVING A POLI-
 TICAL SUBDIVISION.
   IN  ISSUING  THIS REPORT, THE COMMISSION SHALL CONSULT WITH THE GOVER-
 NOR, STATE AGENCIES,  LEGISLATURE,  ANY  RELEVANT  ADVISORY  GROUPS  AND
 STAKEHOLDER GROUPS.
   §  5.  This  act shall take effect on the ninetieth day after it shall
 have become a law.
   § 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 B of this act  shall
 be as specifically set forth in the last section of such Parts.
 
                                 PART AAAA
 
   Section 1. Title 22 of the administrative code of the city of New York
 is amended by adding a new chapter 12 to read as follows:
 
                                CHAPTER 12
                      COMMISSION ON ROOSEVELT AVENUE
 
   §  22-1201  COMMISSION ON ROOSEVELT AVENUE.  A. A COMMISSION ON ROOSE-
 VELT AVENUE IS HEREBY ESTABLISHED TO EXAMINE, EVALUATE, MAKE RECOMMENDA-
 TIONS AND ADVISE THE GOVERNOR, THE STATE LEGISLATURE, THE MAYOR AND  THE
 COUNCIL CONCERNING, BUT NOT LIMITED TO:
   (1)  ECONOMIC  DEVELOPMENT  ALONG  ROOSEVELT  AVENUE IN THE BOROUGH OF
 QUEENS, BETWEEN FORTY-NINTH STREET AND ONE HUNDRED FOURTEENTH STREET;
   (2) THE REDUCTION OF CRIME ALONG ROOSEVELT AVENUE IN  THE  BOROUGH  OF
 QUEENS, BETWEEN FORTY-NINTH STREET AND ONE HUNDRED FOURTEENTH STREET;
   (3)  QUALITY  OF  LIFE  ISSUES  AFFECTING THOSE PERSONS RESIDING ALONG
 ROOSEVELT AVENUE IN THE BOROUGH OF QUEENS,  BETWEEN  FORTY-NINTH  STREET
 AND ONE HUNDRED FOURTEENTH STREET; AND
   (4)  THE  ESTABLISHMENT AND IMPLEMENTATION OF IMPROVED ENFORCEMENT AND
 COORDINATION EFFORTS BY CITY AND STATE  AGENCIES  WHICH  HAVE  OVERSIGHT
 FUNCTIONS  ALONG  ROOSEVELT  AVENUE  IN  THE  BOROUGH OF QUEENS, BETWEEN
 FORTY-NINTH STREET AND ONE HUNDRED FOURTEENTH STREET.
   B. (1) THE COMMISSION ON ROOSEVELT AVENUE SHALL BE COMPOSED OF FIFTEEN
 MEMBERS AS FOLLOWS:
   (A) THE COMMANDING OFFICER OF THE ONE HUNDRED EIGHTH PRECINCT  OF  THE
 POLICE DEPARTMENT, OR HIS OR HER DESIGNEE;

 S. 7505--B                         154
 
   (B)  THE  COMMANDING  OFFICER OF THE ONE HUNDRED TENTH PRECINCT OF THE
 POLICE DEPARTMENT, OR HIS OR HER DESIGNEE;
   (C)  THE  COMMANDING  OFFICER OF THE ONE HUNDRED FIFTEENTH PRECINCT OF
 THE POLICE DEPARTMENT, OR HIS OR HER DESIGNEE;
   (D) THE COMMISSIONER OF CONSUMER AFFAIRS, OR HIS OR HER DESIGNEE,  WHO
 SHALL BE THE CHAIR OF THE COMMISSION;
   (E) A REPRESENTATIVE OF COMMUNITY BOARD NUMBER TWO;
   (F) A REPRESENTATIVE OF COMMUNITY BOARD NUMBER THREE;
   (G) A REPRESENTATIVE OF COMMUNITY BOARD NUMBER FOUR;
   (H)  A  LOCAL  BUSINESS  REPRESENTATIVE  APPOINTED  BY COMMUNITY BOARD
 NUMBER TWO;
   (I) A LOCAL  BUSINESS  REPRESENTATIVE  APPOINTED  BY  COMMUNITY  BOARD
 NUMBER THREE;
   (J)  A  LOCAL  BUSINESS  REPRESENTATIVE  APPOINTED  BY COMMUNITY BOARD
 NUMBER FOUR;
   (K) THE COMMISSIONER OF SANITATION, OR HIS OR HER DESIGNEE;
   (L) THE COMMISSIONER OF HEALTH AND  MENTAL  HYGIENE,  OR  HIS  OR  HER
 DESIGNEE;
   (M)  THE  CHAIRMAN OF THE STATE LIQUOR AUTHORITY, OR HIS OR HER DESIG-
 NEE;
   (N) THE COMMISSIONER OF THE FIRE DEPARTMENT, OR HIS OR  HER  DESIGNEE;
 AND
   (O) A REPRESENTATIVE OF AN IMMIGRANT ADVOCACY OR SERVICES ORGANIZATION
 WITHIN THE CITY APPOINTED BY THE MAYOR.
   (2) THE MEMBERS OF THE COMMISSION ON ROOSEVELT AVENUE SHALL RECEIVE NO
 COMPENSATION FOR THEIR SERVICES PURSUANT TO THIS SECTION.
   C.  WITHIN  ONE YEAR OF THE EFFECTIVE DATE OF THIS SECTION THE COMMIS-
 SION ON ROOSEVELT AVENUE SHALL ESTABLISH AND  SUBMIT  TO  THE  GOVERNOR,
 STATE  LEGISLATURE,  MAYOR  AND  COUNCIL  AN  ACTION  PLAN FOR ROOSEVELT
 AVENUE. SUCH PLAN SHALL INCLUDE THE COMMISSION'S  FINDINGS,  CONCLUSIONS
 AND  RECOMMENDATIONS, AND A COMPREHENSIVE PLAN THAT IDENTIFIES LONG-TERM
 SOLUTIONS TO PERSISTENT CRIME AND HAMPERED  ECONOMIC  DEVELOPMENT  ALONG
 ROOSEVELT  AVENUE  IN  THE BOROUGH OF QUEENS, BETWEEN FORTY-NINTH STREET
 AND ONE HUNDRED FOURTEENTH STREET.
   § 2. This act shall take effect on the thirtieth day  after  it  shall
 have  become  a  law, and shall expire and be deemed repealed five years
 after such date.

                                 PART BBBB
 
   Section 1. Short title. This act shall be known and may  be  cited  as
 the "youth violence prevention task force act".
   §  2.  Youth  violence  prevention  task  force;  members. 1. There is
 created the "youth violence prevention task force" (hereinafter referred
 to as the task force) consisting of seven members  to  be  appointed  as
 follows:
   a.  one  member  of the senate who shall be appointed by the temporary
 president of the senate;
   b. one member of the senate who shall be  appointed  by  the  minority
 leader of the senate;
   c. one member of the assembly who shall be appointed by the speaker of
 the assembly;
   d.  one  member of the assembly who shall be appointed by the minority
 leader of the assembly; and

 S. 7505--B                         155

   e. three members who shall be appointed by the governor, one  of  whom
 shall  be  designated as the chairperson of the task force by the gover-
 nor.
   2.  The members of the task force shall serve without compensation but
 shall be entitled to reimbursement for their  reasonable  and  necessary
 expenses incurred in the performance of their duties.
   3.  The  task force may utilize skilled experts, and shall receive the
 cooperation of those state agencies it deems appropriate to  assist  the
 task force in carrying out its duties.
   4. The task force shall hold hearings across the state.
   §  3.  Youth  violence  prevention task force; duties.  The task force
 shall study and evaluate  the  effectiveness  of  current  and  existing
 programs  related  to  the  prevention of youth violence. The task force
 shall further issue a report to the governor and the legislature  on  or
 before December 1, 2019 concerning its activities and findings.
   §  4.  This  act shall take effect immediately and shall expire and be
 deemed repealed on December 1, 2019.
 
                                 PART CCCC
 
   Section 1. Subdivision 4 of section 170.15 of the  criminal  procedure
 law, as amended by chapter 67 of the laws of 2000, is amended to read as
 follows:
   4.  Notwithstanding  any provision of this section to the contrary, in
 any county outside a city having a population of one  million  or  more,
 upon or after arraignment of a defendant on an information, a simplified
 information, a prosecutor's information or a misdemeanor complaint pend-
 ing  in  a  local  criminal  court,  such  court may, upon motion of the
 defendant and with the consent of the district attorney, order that  the
 action  be  removed  from  the  court  in which the matter is pending to
 another local criminal court in the same county which  has  been  desig-
 nated a [drug] court FORMED TO ADDRESS A MATTER OF SPECIAL CONCERN BASED
 UPON  THE  STATUS  OF  THE  DEFENDANT OR THE VICTIM, COMMONLY KNOWN AS A
 "PROBLEM SOLVING COURT," INCLUDING, BUT  NOT  LIMITED  TO,  DRUG  COURT,
 DOMESTIC  VIOLENCE COURT, YOUTH COURT, MENTAL HEALTH COURT, AND VETERANS
 COURT, by the chief administrator of the courts, and such [drug] PROBLEM
 SOLVING court may then conduct such action to  [judgement]  JUDGMENT  or
 other  final  disposition;  provided,  however, that an order of removal
 issued under this subdivision shall not  take  effect  until  five  days
 after the date the order is issued unless, prior to such effective date,
 the  [drug]  PROBLEM  SOLVING  court  notifies the court that issued the
 order that:
   (a) it will not accept the action, in which event the order shall  not
 take effect, or
   (b)  it will accept the action on a date prior to such effective date,
 in which event the order shall take effect upon such prior date.
   Upon providing notification pursuant to paragraph (a) or (b)  of  this
 subdivision, the [drug] PROBLEM SOLVING court shall promptly give notice
 to the defendant, his or her counsel and the district attorney.
   § 2. This act shall take effect immediately.
 
                                 PART DDDD

   Section 1. Commission established. (a) A commission to be known as the
 New  York state 2020 complete count commission, hereafter referred to as
 the commission, is hereby established to identify issues that  may  have

 S. 7505--B                         156
 
 led  to  past  United States census undercounts in New York state and to
 make recommendations to ensure an accurate  count  in  the  2020  United
 States census.
   (b) The commission shall consist of sixteen members to be appointed as
 follows:
   (i) four members, including the chair and co-chair, shall be appointed
 by  the  governor  from  executive  agencies and organizations that have
 significant interaction with the general public;
   (ii) two members shall be appointed by the governor from  agencies  of
 the  city of New York that have significant interaction with the general
 public;
   (iii) two members shall be  appointed  by  the  governor  representing
 interests of regions outside of the city of New York;
   (iv) three members shall be appointed by the speaker of the assembly;
   (v) one member shall be appointed by the minority leader of the assem-
 bly;
   (vi)  three  members  shall be appointed by the temporary president of
 the senate; and
   (vii) one member appointed by the minority leader of the senate.
   (c) The appointments made pursuant to this act shall,  to  the  extent
 practicable,  reflect  the diversity of the residents of this state with
 regard to race, ethnicity, gender, language, age, and  geographic  resi-
 dence  and,  to the extent practicable the appointing authorities shall,
 in considering potential appointees  to  the  commission,  consult  with
 organizations  devoted  to  representing  municipalities and educational
 institutions, and organizations providing services to the elderly, chil-
 dren, minority communities, and individuals and  communities  to  combat
 poverty.
   (d)  The  members  of the commission shall receive no compensation for
 their services as members, but shall be reimbursed for their actual  and
 necessary expenses incurred in the performance of their duties.
   (e) Notwithstanding any inconsistent provision of any general, special
 or  local  law,  ordinance, resolution or charter, no officer, member or
 employee of the state or of any public corporation shall forfeit his  or
 her  office or employment by reason of his or her acceptance of appoint-
 ment as a member of the commission, nor shall service as such commission
 member be deemed incompatible or in conflict with such office or employ-
 ment.
   (f) The commission may appoint such staff as may be necessary to carry
 out its duties. Such staff  shall  receive  no  compensation  for  their
 services but shall be reimbursed for their actual and necessary expenses
 incurred by them in the performance of the commission's duties.
   §  2.  Powers  and  duties of the commission. (a) The commission shall
 study, examine and review the issues that may have led  to  past  United
 States  census  undercounts in New York state and shall make recommenda-
 tions to ensure an accurate count in the 2020 United States census.
   (b) The commission may meet and hold public hearings and events within
 the state.
   (c) The commission may establish committees and workgroups in further-
 ance of the purposes set forth in this act,  and  may  include  on  such
 committees and workgroups individuals who are not members of the commis-
 sion.
   (d) The commission may request and shall receive from any subdivision,
 department,  board, commission, office, agency, or other instrumentality
 of the state or of any political subdivision  thereof  such  facilities,
 assistance and data reasonably available as it deems necessary or desir-

 S. 7505--B                         157
 
 able for the proper execution of its powers and duties and to effectuate
 the purposes set forth in this act.
   (e)  The  commission  is  authorized  and  empowered to enter into any
 agreements and to do and perform any acts that may be necessary, desira-
 ble or proper to carry out the purposes  and  objectives  of  this  act,
 including  entering  into  contracts in furtherance of the provisions of
 this act.
   (f) On or before January 10, 2019, the commission  shall  transmit  to
 the  governor and the legislature a report containing an overview of the
 issues that may have led to past United States census undercounts in New
 York state and a comprehensive action plan for state and  local  govern-
 mental and non-governmental agencies to work together to ensure an accu-
 rate  count  in  the  2020  United States census. Such report shall also
 include recommendations on state funds for  the  2019-2020  fiscal  year
 necessary to ensure an accurate count in the 2020 United States census.
   (g)  On  or  before January 10, 2020, the commission shall transmit to
 the governor and the Legislature a report detailing the actions taken by
 the commission since the initial report, and detail  how  any  appropri-
 ations  made  for  the  2019-2020  fiscal  year will be used to meet the
 recommendations and action plan made in the commission's initial report,
 and include any recommended changes to its previous  recommendations  on
 state  funds  necessary  to  ensure an accurate count in the 2020 United
 States census.
   (h) The commission shall continue  in  existence  until  December  31,
 2020.
   § 3. This act shall take effect immediately.
 
                                 PART EEEE
 
   Section 1. Subdivision 5 of section 265.00 of the penal law is amended
 to read as follows:
   5. "Gravity knife" means any knife which has a blade which is released
 from the handle or sheath thereof SOLELY by the force of gravity [or the
 application  of  centrifugal  force]  which, when released, is locked in
 place by means of a button, spring, lever or other device.
   § 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 Parts A through EEEE of this act  shall
 be as specifically set forth in the last section of such Parts.