Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Apr 03, 2020 |
signed chap.55 delivered to governor |
Apr 01, 2020 |
returned to senate passed assembly message of necessity - 3 day message ordered to third reading rules cal.19 substituted for a9505b |
Mar 31, 2020 |
referred to ways and means delivered to assembly passed senate message of necessity - 3 day message ordered to third reading cal.620 print number 7505b |
Mar 31, 2020 |
amend (t) and recommit to finance |
Feb 22, 2020 |
print number 7505a |
Feb 22, 2020 |
amend (t) and recommit to finance |
Jan 22, 2020 |
referred to finance |
Senate Bill S7505B
Signed By Governor2019-2020 Legislative Session
Enacts into law major components of legislation necessary to implement the state public protection and general government budget for the 2020-2021 state fiscal year
download bill text pdfSponsored By
There are no sponsors of this bill.
Archive: Last Bill Status - Signed by Governor
- Introduced
-
- In Committee Assembly
- In Committee Senate
-
- On Floor Calendar Assembly
- On Floor Calendar Senate
-
- Passed Assembly
- Passed Senate
- Delivered to Governor
- Signed By Governor
Actions
Votes
-
-
-
-
Floor Vote: Mar 31, 2020
aye (37)- Addabbo Jr.
- Bailey
- Benjamin
- Biaggi
- Breslin
- Brooks
- Carlucci
- Comrie
- Felder
- Gaughran
- Gianaris
- Gounardes
- Harckham
- Hoylman-Sigal
- Jackson
- Kaminsky
- Kaplan
- Kavanagh
- Kennedy
- Krueger
- Liu
- Martinez
- May
- Mayer
- Metzger
- Montgomery
- Parker
- Persaud
- Rivera
- Sanders Jr.
- Savino
- Sepúlveda
- Serrano
- Skoufis
- Stavisky
- Stewart-Cousins
- Thomas
nay (24)excused (1)
-
Mar 31, 2020 - Finance Committee Vote
S7505B15Aye6Nay1Aye with Reservations0Absent1Excused0Abstained -
-
Bill Amendments
2019-S7505 - Details
- See Assembly Version of this Bill:
- A9505
- Law Section:
- Budget Bills
- Laws Affected:
- Amd Various Laws, generally
2019-S7505 - Summary
Enacts into law major components of legislation necessary to implement the state public protection and general government budget for the 2020-2021 state fiscal year; relates to extending the effectiveness of certain provisions of law relating to various criminal justice and public safety programs (Part A); establishes the criminal justice discovery compensation fund (Part E); relates to the closure of correctional facilities (Part F)
2019-S7505 - Bill Text download pdf
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 22, 2020 ___________ IN SENATE -- A BUDGET BILL, submitted by the Governor pursuant to arti- cle seven of the Constitution -- read twice and ordered printed, and when printed to be committed to the Committee on Finance IN ASSEMBLY -- A BUDGET BILL, submitted by the Governor pursuant to article seven of the Constitution -- read once and referred to the Committee on Ways and Means AN ACT to amend chapter 887 of the laws of 1983, amending the correction law relating to the psychological testing of candidates, in relation to the effectiveness thereof; to amend chapter 428 of the laws of 1999, amending the executive law and the criminal procedure law relat- ing to expanding the geographic area of employment of certain police officers, in relation to extending the expiration of such chapter; to amend chapter 886 of the laws of 1972, amending the correction law and the penal law relating to prisoner furloughs in certain cases and the crime of absconding therefrom, in relation to the effectiveness there- of; to amend chapter 261 of the laws of 1987, amending chapters 50, 53 and 54 of the laws of 1987, the correction law, the penal law and other chapters and laws relating to correctional facilities, in relation to the effectiveness thereof; to amend chapter 55 of the laws of 1992, amending the tax law and other laws relating to taxes, surcharges, fees and funding, in relation to extending the expiration of certain provisions of such chapter; to amend chapter 339 of the laws of 1972, amending the correction law and the penal law relating to inmate work release, furlough and leave, in relation to the effec- tiveness thereof; to amend chapter 60 of the laws of 1994 relating to certain provisions which impact upon expenditure of certain appropri- ations made by chapter 50 of the laws of 1994 enacting the state oper- ations budget, in relation to the effectiveness thereof; to amend chapter 3 of the laws of 1995, amending the correction law and other laws relating to the incarceration fee, in relation to extending the expiration of certain provisions of such chapter; to amend chapter 62 of the laws of 2011, amending the correction law and the executive law relating to merging the department of correctional services and divi- sion of parole into the department of corrections and community super- vision, in relation to the effectiveness thereof; to amend chapter 907 of the laws of 1984, amending the correction law, the New York city
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD12670-01-0 S. 7505 2 A. 9505 criminal court act and the executive law relating to prison and jail housing and alternatives to detention and incarceration programs, in relation to extending the expiration of certain provisions of such chapter; to amend chapter 166 of the laws of 1991, amending the tax law and other laws relating to taxes, in relation to extending the expiration of certain provisions of such chapter; to amend the vehicle and traffic law, in relation to extending the expiration of the manda- tory surcharge and victim assistance fee; to amend chapter 713 of the laws of 1988, amending the vehicle and traffic law relating to the ignition interlock device program, in relation to extending the expi- ration thereof; to amend chapter 435 of the laws of 1997, amending the military law and other laws relating to various provisions, in relation to extending the expiration date of the merit provisions of the correction law and the penal law of such chapter; to amend chapter 412 of the laws of 1999, amending the civil practice law and rules and the court of claims act relating to prisoner litigation reform, in relation to extending the expiration of the inmate filing fee provisions of the civil practice law and rules and general filing fee provision and inmate property claims exhaustion requirement of the court of claims act of such chapter; to amend chapter 222 of the laws of 1994 constituting the family protection and domestic violence intervention act of 1994, in relation to extending the expiration of certain provisions of the criminal procedure law requiring the arrest of certain persons engaged in family violence; to amend chapter 505 of the laws of 1985, amending the criminal procedure law relating to the use of closed-circuit television and other protective measures for certain child witnesses, in relation to extending the expiration of the provisions thereof; to amend chapter 3 of the laws of 1995, enact- ing the sentencing reform act of 1995, in relation to extending the expiration of certain provisions of such chapter; to amend chapter 689 of the laws of 1993 amending the criminal procedure law relating to electronic court appearance in certain counties, in relation to extending the expiration thereof; to amend chapter 688 of the laws of 2003, amending the executive law relating to enacting the interstate compact for adult offender supervision, in relation to the effective- ness thereof; to amend chapter 56 of the laws of 2009, amending the correction law relating to limiting the closing of certain correction- al facilities, providing for the custody by the department of correc- tional services of inmates serving definite sentences, providing for custody of federal prisoners and requiring the closing of certain correctional facilities, in relation to the effectiveness of such chapter; to amend chapter 152 of the laws of 2001 amending the mili- tary law relating to military funds of the organized militia, in relation to the effectiveness thereof; to amend chapter 554 of the laws of 1986, amending the correction law and the penal law relating to providing for community treatment facilities and establishing the crime of absconding from the community treatment facility, in relation to the effectiveness thereof; and to amend chapter 55 of the laws of 2018 amending the criminal procedure law relating to pre-criminal proceeding settlements in the city of New York, in relation to the effectiveness thereof (Part A); to amend the correction law, in relation to expanding the definition of internet identifiers and establishing criminal personation by a sex offender (Part B); to amend the penal law, in relation to prohibiting the use of the intoxication of a victim as defense to a criminal charge for sex crimes (Part C); to amend section 7 of part Y of chapter 57 of the laws of 2018, amend- S. 7505 3 A. 9505 ing the education law relating to persons practicing in certain licensed programs or services who are exempt from practice require- ments of professionals licensed by the department of education, in relation to adding the division of criminal justice services to the list of agencies not required to receive a waiver for entities provid- ing certain professional services (Part D); to amend the state finance law, in relation to establishing the district attorney discovery compensation fund; and to amend the criminal procedure law, in relation to monies recovered by county district attorneys before the filing of an accusatory instrument (Part E); in relation to the closure of correctional facility; and providing for the repeal of such provisions upon expiration thereof (Part F); to amend the correction law and the executive law, in relation to moving adolescent offenders to the office of children and family services; to repeal paragraph (a-1) of subdivision 4 of section 70.20 of the penal law and section 77 of the correction law relating thereto; to repeal paragraphs (a) through (e) of section 508 of the executive law relating to a techni- cal correction; and providing for the repeal of certain provisions upon expiration thereof (Part G); to amend the state finance law, in relation to directing the correctional industries program to provide services in certain situations (Part H); to amend the tax law, in relation to suspending the transfer of monies into the emergency services revolving loan fund from the public safety communications account (Part I); to amend the executive law, in relation to the age of appointment for sworn members of the New York state police; and providing for the repeal of such provisions upon expiration thereof (Part J); to amend the penal law, in relation to the possession and sale of firearm, rifle, and shotgun components (Part K); to amend the executive law, in relation to administrative subpoenas (Part L); to amend the criminal procedure law, in relation to establishing the safe homes and families act (Part M); to amend the penal law, in relation to firearm licenses (Part N); to amend the executive law, in relation to the reporting of firearms (Part O); to amend the mental hygiene law, in relation to sharing information from mental health profes- sionals with other states (Part P); to amend the penal law, in relation to establishing the crime of domestic violence (Part Q); to amend the penal law and the criminal procedure law, in relation to enacting the "New York Hate Crime Anti-Terrorism Act" (Part R); to amend the civil service law, in relation to reimbursement for medicare premium charges (Part S); to amend the civil practice law and rules and the state finance law, in relation to the rate of interest to be paid on judgement and accrued claims (Part T); to amend the civil service law, in relation to capping the standard medicare premium charge (Part U); to amend the civil service law, in relation to the state's contribution to the cost of health insurance premiums for future retirees of the state and their dependents (Part V); to amend the civil service law, in relation to continuing to protect and strengthen unions (Part W); to amend the state technology law and the state finance law, in relation to authorizing comprehensive technology service contracts (Part X); to amend the state finance law and the state technology law, in relation to defining the term technology to include computer information, electronic information, interconnected systems and related material thereto (Part Y); to amend section 1 of part S of chapter 56 of the laws of 2010, relating to establishing a joint appointing authority for the state financial system project, in relation to statewide financial system procurements (Part Z); to amend S. 7505 4 A. 9505 the public buildings law, in relation to the leasing of real property (Part AA); to amend the state finance law, in relation to sexual harassment disclosure with respect to state contracts (Part BB); to amend the alcoholic beverage control law, in relation to creating a higher education institution license (Part CC); to amend the alcoholic beverage control law, in relation to allowing food that is typically found in a motion picture theatre to be deemed in compliance with food requirements to serve alcoholic beverages (Part DD); to amend the alcoholic beverage control law, in relation to tied house restrictions (Part EE); to amend the alcoholic beverage control law, in relation to establishing the hours during which alcoholic beverages may be sold in certain international airport property (Part FF); to amend the work- ers' compensation law, in relation to diversifying the New York state insurance fund's investment authority (Part GG); to amend the workers' compensation law, in relation to combatting the New York state insur- ance fund's surprise premium increases (Part HH); to amend the work- ers' compensation law, in relation to allowing the New York state insurance fund to enter into agreement with private insurance provid- ers to cover out-of-state work (Part II); to amend the election law, in relation to triggering automatic manual recounts in elections that finish with a small margin of victory (Part JJ); to amend the state finance law, in relation to video lottery terminal aid (Part KK); to amend the general municipal law, in relation to enhancing flexibility within the county-wide shared services initiative (Part LL); to amend the local finance law, in relation to the voting requirements for the financial restructuring board for local governments (Part MM); to amend the tax law and the public authorities law, in relation to AIM- related sales tax payments in the counties of Nassau and Erie (Part NN); to amend the county law, the correction law and the judiciary law, in relation to authorizing shared county jails (Part OO); to amend the domestic relations law, in relation to consideration of the effects of domestic violence and other acts on future financial circumstances to determine equitable distribution of marital property (Part PP); to amend the public authorities law, in relation to ensur- ing pay equity at state and local public authorities (Part QQ); to amend the family court act and the criminal procedure law, in relation to orders of protection (Part RR); to amend the election law, in relation to banning campaign contributions from foreign corporations (Part SS); to amend the public officers law and the election law, in relation to requiring the disclosure of tax returns for certain elected officials and appointed employees (Part TT); to amend the executive law and the tax law, in relation to disclosure requirements for certain nonprofits (Part UU); and to provide for the adminis- tration of certain funds and accounts related to the 2020-2021 budget, authorizing certain payments and transfers; to amend the state finance law, in relation to the administration of certain funds and accounts; to amend 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, in relation to the issuance of certain bonds or notes; to amend 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, in relation to the issu- ance of certain bonds or notes; to amend the public authorities law, in relation to the issuance of certain bonds or notes; to amend 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 S. 7505 5 A. 9505 budget, in relation to the issuance of certain bonds or notes; to amend the New York state medical care facilities finance agency act, in relation to the issuance of certain bonds or notes; to amend the New York state urban development corporation act, in relation to the issuance of certain bonds or 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 certain bonds or notes; to amend the public authorities law, in relation to the issuance of certain bonds or notes; to amend the New York state urban development corporation act, in relation to the issuance of certain bonds or notes; to amend the private housing finance law, in relation to housing program bonds and notes; to amend the state finance law, in relation to payments of bonds; to amend the civil practice law and rules, in relation to an action related to a bond; and providing for the repeal of certain provisions upon expiration thereof (Part VV) 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 2020-2021 state fiscal year. Each component is wholly contained within a Part identified as Parts A through VV. The effective date for each particular provision contained within such Part is set forth in the last section of such Part. Any provision in any section contained within a Part, includ- ing the effective date of the Part, which makes a reference to a section "of this act", when used in connection with that particular component, shall be deemed to mean and refer to the corresponding section of the Part in which it is found. Section three of this act sets forth the general effective date of this act. PART A Section 1. Section 2 of chapter 887 of the laws of 1983, amending the correction law relating to the psychological testing of candidates, as amended by section 1 of part O of chapter 55 of the laws of 2019, is amended to read as follows: § 2. This act shall take effect on the one hundred eightieth day after it shall have become a law and shall remain in effect until September 1, [2020] 2022. § 2. Section 3 of chapter 428 of the laws of 1999, amending the execu- tive law and the criminal procedure law relating to expanding the geographic area of employment of certain police officers, as amended by section 2 of part O of chapter 55 of the laws of 2019, is amended to read as follows: § 3. This act shall take effect on the first day of November next succeeding the date on which it shall have become a law, and shall remain in effect until the first day of September, [2020] 2022, when it shall expire and be deemed repealed. § 3. Section 3 of chapter 886 of the laws of 1972, amending the correction law and the penal law relating to prisoner furloughs in certain cases and the crime of absconding therefrom, as amended by section 3 of part O of chapter 55 of the laws of 2019, is amended to read as follows: S. 7505 6 A. 9505 § 3. This act shall take effect 60 days after it shall have become a law and shall remain in effect until September 1, [2020] 2022. § 4. Section 20 of chapter 261 of the laws of 1987, amending chapters 50, 53 and 54 of the laws of 1987, the correction law, the penal law and other chapters and laws relating to correctional facilities, as amended by section 4 of part O of chapter 55 of the laws of 2019, is amended to read as follows: § 20. This act shall take effect immediately except that section thir- teen of this act shall expire and be of no further force or effect on and after September 1, [2020] 2022 and shall not apply to persons committed to the custody of the department after such date, and provided further that the commissioner of corrections and community supervision shall report each January first and July first during such time as the earned eligibility program is in effect, to the chairmen of the senate crime victims, crime and correction committee, the senate codes commit- tee, the assembly correction committee, and the assembly codes commit- tee, the standards in effect for earned eligibility during the prior six-month period, the number of inmates subject to the provisions of earned eligibility, the number who actually received certificates of earned eligibility during that period of time, the number of inmates with certificates who are granted parole upon their first consideration for parole, the number with certificates who are denied parole upon their first consideration, and the number of individuals granted and denied parole who did not have earned eligibility certificates. § 5. Subdivision (q) of section 427 of chapter 55 of the laws of 1992, amending the tax law and other laws relating to taxes, surcharges, fees and funding, as amended by section 5 of part O of chapter 55 of the laws of 2019, is amended to read as follows: (q) the provisions of section two hundred eighty-four of this act shall remain in effect until September 1, [2020] 2022 and be applicable to all persons entering the program on or before August 31, [2020] 2022. § 6. Section 10 of chapter 339 of the laws of 1972, amending the correction law and the penal law relating to inmate work release, furlough and leave, as amended by section 6 of part O of chapter 55 of the laws of 2019, is amended to read as follows: § 10. This act shall take effect 30 days after it shall have become a law and shall remain in effect until September 1, [2020] 2022, and provided further that the commissioner of correctional services shall report each January first, and July first, to the chairman of the senate crime victims, crime and correction committee, the senate codes commit- tee, the assembly correction committee, and the assembly codes commit- tee, the number of eligible inmates in each facility under the custody and control of the commissioner who have applied for participation in any program offered under the provisions of work release, furlough, or leave, and the number of such inmates who have been approved for partic- ipation. § 7. Subdivision (c) of section 46 of chapter 60 of the laws of 1994 relating to certain provisions which impact upon expenditure of certain appropriations made by chapter 50 of the laws of 1994 enacting the state operations budget, as amended by section 7 of part O of chapter 55 of the laws of 2019, is amended to read as follows: (c) sections forty-one and forty-two of this act shall expire Septem- ber 1, [2020] 2022; provided, that the provisions of section forty-two of this act shall apply to inmates entering the work release program on or after such effective date; and S. 7505 7 A. 9505 § 8. Subdivision h of section 74 of chapter 3 of the laws of 1995, amending the correction law and other laws relating to the incarceration fee, as amended by section 8 of part O of chapter 55 of the laws of 2019, is amended to read as follows: h. Section fifty-two of this act shall be deemed to have been in full force and effect on and after April 1, 1995; provided, however, that the provisions of section 189 of the correction law, as amended by section fifty-five of this act, subdivision 5 of section 60.35 of the penal law, as amended by section fifty-six of this act, and section fifty-seven of this act shall expire September 1, [2020] 2022, when upon such date the amendments to the correction law and penal law made by sections fifty- five and fifty-six of this act shall revert to and be read as if the provisions of this act had not been enacted; provided, however, that sections sixty-two, sixty-three and sixty-four of this act shall be deemed to have been in full force and effect on and after March 1, 1995 and shall be deemed repealed April 1, 1996 and upon such date the provisions of subsection (e) of section 9110 of the insurance law and subdivision 2 of section 89-d of the state finance law shall revert to and be read as set out in law on the date immediately preceding the effective date of sections sixty-two and sixty-three of this act; § 9. Subdivision (c) of section 49 of subpart A of part C of chapter 62 of the laws of 2011 amending the correction law and the executive law relating to merging the department of correctional services and division of parole into the department of corrections and community supervision, as amended by section 9 of part O of chapter 55 of the laws of 2019, is amended to read as follows: (c) that the amendments to subdivision 9 of section 201 of the correction law as added by section thirty-two of this act shall remain in effect until September 1, [2020] 2022, when it shall expire and be deemed repealed; § 10. Subdivision (aa) of section 427 of chapter 55 of the laws of 1992, amending the tax law and other laws relating to taxes, surcharges, fees and funding, as amended by section 10 of part O of chapter 55 of the laws of 2019, is amended to read as follows: (aa) the provisions of sections three hundred eighty-two, three hundred eighty-three and three hundred eighty-four of this act shall expire on September 1, [2020] 2022; § 11. Section 12 of chapter 907 of the laws of 1984, amending the correction law, the New York city criminal court act and the executive law relating to prison and jail housing and alternatives to detention and incarceration programs, as amended by section 11 of part O of chap- ter 55 of the laws of 2019, is amended to read as follows: § 12. This act shall take effect immediately, except that the provisions of sections one through ten of this act shall remain in full force and effect until September 1, [2020] 2022 on which date those provisions shall be deemed to be repealed. § 12. Subdivision (p) of section 406 of chapter 166 of the laws of 1991, amending the tax law and other laws relating to taxes, as amended by section 12 of part O of chapter 55 of the laws of 2019, is amended to read as follows: (p) The amendments to section 1809 of the vehicle and traffic law made by sections three hundred thirty-seven and three hundred thirty-eight of this act shall not apply to any offense committed prior to such effec- tive date; provided, further, that section three hundred forty-one of this act shall take effect immediately and shall expire November 1, 1993 at which time it shall be deemed repealed; sections three hundred S. 7505 8 A. 9505 forty-five and three hundred forty-six of this act shall take effect July 1, 1991; sections three hundred fifty-five, three hundred fifty- six, three hundred fifty-seven and three hundred fifty-nine of this act shall take effect immediately and shall expire June 30, 1995 and shall revert to and be read as if this act had not been enacted; section three hundred fifty-eight of this act shall take effect immediately and shall expire June 30, 1998 and shall revert to and be read as if this act had not been enacted; section three hundred sixty-four through three hundred sixty-seven of this act shall apply to claims filed on or after such effective date; sections three hundred sixty-nine, three hundred seven- ty-two, three hundred seventy-three, three hundred seventy-four, three hundred seventy-five and three hundred seventy-six of this act shall remain in effect until September 1, [2020] 2022, at which time they shall be deemed repealed; provided, however, that the mandatory surcharge provided in section three hundred seventy-four of this act shall apply to parking violations occurring on or after said effective date; and provided further that the amendments made to section 235 of the vehicle and traffic law by section three hundred seventy-two of this act, the amendments made to section 1809 of the vehicle and traffic law by sections three hundred thirty-seven and three hundred thirty-eight of this act and the amendments made to section 215-a of the labor law by section three hundred seventy-five of this act shall expire on September 1, [2020] 2022 and upon such date the provisions of such subdivisions and sections shall revert to and be read as if the provisions of this act had not been enacted; the amendments to subdivisions 2 and 3 of section 400.05 of the penal law made by sections three hundred seventy- seven and three hundred seventy-eight of this act shall expire on July 1, 1992 and upon such date the provisions of such subdivisions shall revert and shall be read as if the provisions of this act had not been enacted; the state board of law examiners shall take such action as is necessary to assure that all applicants for examination for admission to practice as an attorney and counsellor at law shall pay the increased examination fee provided for by the amendment made to section 465 of the judiciary law by section three hundred eighty of this act for any exam- ination given on or after the effective date of this act notwithstanding that an applicant for such examination may have prepaid a lesser fee for such examination as required by the provisions of such section 465 as of the date prior to the effective date of this act; the provisions of section 306-a of the civil practice law and rules as added by section three hundred eighty-one of this act shall apply to all actions pending on or commenced on or after September 1, 1991, provided, however, that for the purposes of this section service of such summons made prior to such date shall be deemed to have been completed on September 1, 1991; the provisions of section three hundred eighty-three of this act shall apply to all money deposited in connection with a cash bail or a partially secured bail bond on or after such effective date; and the provisions of sections three hundred eighty-four and three hundred eighty-five of this act shall apply only to jury service commenced during a judicial term beginning on or after the effective date of this act; provided, however, that nothing contained herein shall be deemed to affect the application, qualification, expiration or repeal of any provision of law amended by any section of this act and such provisions shall be applied or qualified or shall expire or be deemed repealed in the same manner, to the same extent and on the same date as the case may be as otherwise provided by law; S. 7505 9 A. 9505 § 13. Subdivision 8 of section 1809 of the vehicle and traffic law, as amended by section 13 of part O of chapter 55 of the laws of 2019, is amended to read as follows: 8. The provisions of this section shall only apply to offenses commit- ted on or before September first, two thousand [twenty] TWENTY-TWO. § 14. Section 6 of chapter 713 of the laws of 1988, amending the vehi- cle and traffic law relating to the ignition interlock device program, as amended by section 14 of part O of chapter 55 of the laws of 2019, is amended to read as follows: § 6. This act shall take effect on the first day of April next succeeding the date on which it shall have become a law; provided, however, that effective immediately, the addition, amendment or repeal of any rule or regulation necessary for the implementation of the fore- going sections of this act on their effective date is authorized and directed to be made and completed on or before such effective date and shall remain in full force and effect until the first day of September, [2020] 2022 when upon such date the provisions of this act shall be deemed repealed. § 15. Paragraph a of subdivision 6 of section 76 of chapter 435 of the laws of 1997, amending the military law and other laws relating to vari- ous provisions, as amended by section 15 of part O of chapter 55 of the laws of 2019, is amended to read as follows: a. sections forty-three through forty-five of this act shall expire and be deemed repealed on September 1, [2020] 2022; § 16. Section 4 of part D of chapter 412 of the laws of 1999, amending the civil practice law and rules and the court of claims act relating to prisoner litigation reform, as amended by section 16 of part O of chap- ter 55 of the laws of 2019, is amended to read as follows: § 4. This act shall take effect 120 days after it shall have become a law and shall remain in full force and effect until September 1, [2020] 2022, when upon such date it shall expire. § 17. Subdivision 2 of section 59 of chapter 222 of the laws of 1994, constituting the family protection and domestic violence intervention act of 1994, as amended by section 17 of part O of chapter 55 of the laws of 2019, is amended to read as follows: 2. Subdivision 4 of section 140.10 of the criminal procedure law as added by section thirty-two of this act shall take effect January 1, 1996 and shall expire and be deemed repealed on September 1, [2020] 2022. § 18. Section 5 of chapter 505 of the laws of 1985, amending the crim- inal procedure law relating to the use of closed-circuit television and other protective measures for certain child witnesses, as amended by section 18 of part O of chapter 55 of the laws of 2019, is amended to read as follows: § 5. This act shall take effect immediately and shall apply to all criminal actions and proceedings commenced prior to the effective date of this act but still pending on such date as well as all criminal actions and proceedings commenced on or after such effective date and its provisions shall expire on September 1, [2020] 2022, when upon such date the provisions of this act shall be deemed repealed. § 19. Subdivision d of section 74 of chapter 3 of the laws of 1995, enacting the sentencing reform act of 1995, as amended by section 19 of part O of chapter 55 of the laws of 2019, is amended to read as follows: d. Sections one-a through twenty, twenty-four through twenty-eight, thirty through thirty-nine, forty-two and forty-four of this act shall be deemed repealed on September 1, [2020] 2022; S. 7505 10 A. 9505 § 20. Section 2 of chapter 689 of the laws of 1993 amending the crimi- nal procedure law relating to electronic court appearance in certain counties, as amended by section 20 of part O of chapter 55 of the laws of 2019, is amended to read as follows: § 2. This act shall take effect immediately, except that the provisions of this act shall be deemed to have been in full force and effect since July 1, 1992 and the provisions of this act shall expire September 1, [2020] 2022 when upon such date the provisions of this act shall be deemed repealed. § 21. Section 3 of chapter 688 of the laws of 2003, amending the exec- utive law relating to enacting the interstate compact for adult offender supervision, as amended by section 21 of part O of chapter 55 of the laws of 2019, is amended to read as follows: § 3. This act shall take effect immediately, except that section one of this act shall take effect on the first of January next succeeding the date on which it shall have become a law, and shall remain in effect until the first of September, [2020] 2022, upon which date this act shall be deemed repealed and have no further force and effect; provided that section one of this act shall only take effect with respect to any compacting state which has enacted an interstate compact entitled "Interstate compact for adult offender supervision" and having an iden- tical effect to that added by section one of this act and provided further that with respect to any such compacting state, upon the effec- tive date of section one of this act, section 259-m of the executive law is hereby deemed REPEALED and section 259-mm of the executive law, as added by section one of this act, shall take effect; and provided further that with respect to any state which has not enacted an inter- state compact entitled "Interstate compact for adult offender super- vision" and having an identical effect to that added by section one of this act, section 259-m of the executive law shall take effect and the provisions of section one of this act, with respect to any such state, shall have no force or effect until such time as such state shall adopt an interstate compact entitled "Interstate compact for adult offender supervision" and having an identical effect to that added by section one of this act in which case, with respect to such state, effective imme- diately, section 259-m of the executive law is deemed repealed and section 259-mm of the executive law, as added by section one of this act, shall take effect. § 22. Section 8 of part H of chapter 56 of the laws of 2009, amending the correction law relating to limiting the closing of certain correc- tional facilities, providing for the custody by the department of correctional services of inmates serving definite sentences, providing for custody of federal prisoners and requiring the closing of certain correctional facilities, as amended by section 22 of part O of chapter 55 of the laws of 2019, is amended to read as follows: § 8. This act shall take effect immediately; provided, however that sections five and six of this act shall expire and be deemed repealed September 1, [2020] 2022. § 23. Section 3 of part C of chapter 152 of the laws of 2001 amending the military law relating to military funds of the organized militia, as amended by section 23 of part O of chapter 55 of the laws of 2019, is amended to read as follows: § 3. This act shall take effect immediately; 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, [2020] 2022. S. 7505 11 A. 9505 § 24. Section 5 of chapter 554 of the laws of 1986, amending the correction law and the penal law relating to providing for community treatment facilities and establishing the crime of absconding from the community treatment facility, as amended by section 24 of part O of chapter 55 of the laws of 2019, is amended to read as follows: § 5. This act shall take effect immediately and shall remain in full force and effect until September 1, [2020] 2022, and provided further that the commissioner of correctional services shall report each January first and July first during such time as this legislation is in effect, to the chairmen of the senate crime victims, crime and correction committee, the senate codes committee, the assembly correction commit- tee, and the assembly codes committee, the number of individuals who are released to community treatment facilities during the previous six-month period, including the total number for each date at each facility who are not residing within the facility, but who are required to report to the facility on a daily or less frequent basis. § 25. Section 2 of part F of chapter 55 of the laws of 2018, amending the criminal procedure law relating to pre-criminal proceeding settle- ments in the city of New York, as amended by section 25 of part O of chapter 55 of the laws of 2019, is amended to read as follows: § 2. This act shall take effect immediately and shall remain in full force and effect until March 31, [2020] 2022, when it shall expire and be deemed repealed. § 26. This act shall take effect immediately, provided however that section twenty-five of this act shall be deemed to have been in full force and effect on and after March 31, 2020. PART B Section 1. Subdivision 18 of section 168-a of the correction law, as added by chapter 67 of the laws of 2008, is amended to read as follows: 18. "Internet identifiers" means [electronic mail addresses and desig- nations used for the purposes of chat, instant messaging, social networking or other similar internet communication] (A) PERSON-SPECIFIC DESIGNATIONS, INCLUDING BUT NOT LIMITED TO ELECTRONIC MAIL ADDRESSES, PHONE NUMBERS, ACCOUNT NAMES, USER NAMES, SCREEN NAMES AND GAMING TAGS, AS WELL AS ALIASES USED FOR THE PURPOSES OF CHATTING, MESSAGING, GAMING, DATING, NETWORKING, SOCIAL MEDIA, FILE SHARING, INFORMATION SHARING, OR OTHER INTERNET COMMUNICATION OR CONTACT AND (B) THE NAME OR NAMES OF INTERNET APPLICATIONS, OR OTHER DOWNLOADABLE APPLICATIONS INTENDED FOR USE ON A MOBILE DEVICE, SITES, PLATFORMS OR OTHER SOFTWARE WHERE SUCH PERSON-SPECIFIC DESIGNATIONS OR ALIASES ARE USED TO ENGAGE IN CHAT, MESSAGING, GAMING, DATING, NETWORKING, SOCIAL MEDIA, FILE SHARING, INFORMATION SHARING, OR OTHER INTERNET COMMUNICATION OR CONTACT. § 2. Subdivision 10 of section 168-b of the correction law, as added by chapter 67 of the laws of 2008, is amended to read as follows: 10. The division shall, upon the request of any authorized internet entity, release to such entity internet identifiers that would enable such entity to prescreen or remove sex offenders from its services or, in conformity with state and federal law, advise law enforcement and/or other governmental entities of potential violations of law and/or threats to public safety. Before releasing any information the division shall require an authorized internet entity that requests information from the registry to submit to the division the name, address and tele- phone number of such entity and the specific legal nature and corporate status of such entity. Except for the purposes specified in this subdi- S. 7505 12 A. 9505 vision, an authorized internet entity shall not publish or in any way disclose or redisclose any information provided to it by the division pursuant to this subdivision. AN AUTHORIZED INTERNET ENTITY OR INTERNET ACCESS PROVIDER SHALL REVIEW THE INFORMATION PROVIDED BY THE DIVISION PURSUANT TO THIS SECTION. SUCH AUTHORIZED INTERNET ENTITY OR INTERNET ACCESS PROVIDER SHALL DEVELOP POLICIES REGARDING THE USE OF SUCH INFOR- MATION AND PUBLICLY RELEASE SUCH POLICIES TO ITS USERS, IN ACCORDANCE WITH RULES AND REGULATIONS PROMULGATED BY THE DIVISION PURSUANT TO THIS SUBDIVISION. The division may charge an authorized internet entity a fee for access to registered internet identifiers requested by such entity pursuant to this subdivision. The division shall promulgate rules and regulations relating to procedures for the release of information in the registry, including but not limited to, the disclosure and redisclosure of such information, and the imposition of any fees, AND RULES AND REGU- LATIONS RELATING TO CRITERIA REQUIRED FOR THE POLICIES TO BE DEVELOPED BY AUTHORIZED INTERNET ENTITIES AND INTERNET ACCESS PROVIDERS. § 3. Section 168-w of the correction law, as relettered by chapter 604 of the laws of 2005, is relettered section 168-x and a new section 168-w is added to read as follows: § 168-W. CRIMINAL PERSONATION BY A SEX OFFENDER. 1. A PERSON IS GUILTY OF CRIMINAL PERSONATION BY A SEX OFFENDER WHEN, BEING REQUIRED TO REGIS- TER OR VERIFY UNDER THE PROVISIONS OF THIS ARTICLE, HE OR SHE, FOR THE PURPOSE OF ENGAGING IN CHAT, MESSAGING, GAMING, DATING, NETWORKING, SOCIAL MEDIA, FILE SHARING, INFORMATION SHARING, OR OTHER INTERNET COMMUNICATION OR CONTACT, KNOWINGLY MISREPRESENTS HIS OR HER ACTUAL NAME, GENDER, DATE OF BIRTH, ADDRESS, OR STATUS AS A SEX OFFENDER TO ANOTHER PERSON, WITH THE INTENT TO DEFRAUD, DECEIVE OR INJURE SUCH PERSON OR ANOTHER PERSON. 2. ANY SEX OFFENDER REQUIRED TO REGISTER OR TO VERIFY PURSUANT TO THE PROVISIONS OF THIS ARTICLE WHO COMMITS THE CRIME OF CRIMINAL PERSONATION BY A SEX OFFENDER AS DEFINED IN SUBDIVISION ONE OF THIS SECTION SHALL BE GUILTY OF A CLASS E FELONY UPON CONVICTION FOR THE FIRST OFFENSE, AND UPON CONVICTION FOR A SECOND OR SUBSEQUENT OFFENSE SHALL BE GUILTY OF A CLASS D FELONY. THE COMMISSION OF SUCH OFFENSE SHALL ALSO BE THE BASIS FOR REVOCATION OF PAROLE PURSUANT TO SECTION TWO HUNDRED FIFTY-NINE-I OF THE EXECUTIVE LAW OR THE BASIS FOR REVOCATION OF PROBATION PURSUANT TO ARTICLE FOUR HUNDRED TEN OF THE CRIMINAL PROCEDURE LAW. § 4. This act shall take effect immediately. PART C Section 1. Subdivision 6 of section 130.00 of the penal law is amended to read as follows: 6. "Mentally incapacitated" means that a person is rendered temporar- ily incapable of appraising or controlling his OR HER conduct owing to the influence of a narcotic or intoxicating substance administered to him OR HER without his OR HER consent, or to any other act committed upon him OR HER without his OR HER consent. § 2. Paragraph (d) of subdivision 2 of section 130.05 of the penal law, as amended by chapter 40 of the laws of 2004, is amended and a new paragraph (e) is added to read as follows: (d) Where the offense charged is SEXUAL MISCONDUCT AS DEFINED IN SUBDIVISIONS ONE AND TWO OF SECTION 130.20, rape in the third degree as defined in subdivision three of section 130.25, or criminal sexual act in the third degree as defined in subdivision three of section 130.40, in addition to forcible compulsion, circumstances under which, at the S. 7505 13 A. 9505 time of the act of intercourse, oral sexual conduct or anal sexual conduct, the victim clearly expressed that he or she did not consent to engage in such act, and a reasonable person in the actor's situation would have understood such person's words and acts as an expression of lack of consent to such act under all the circumstances[.]; OR (E) WHERE THE OFFENSE CHARGED IS SEXUAL MISCONDUCT AS DEFINED IN SUBDIVISIONS ONE AND TWO OF SECTION 130.20, RAPE IN THE THIRD DEGREE AS DEFINED IN SUBDIVISION THREE OF SECTION 130.25, OR CRIMINAL SEXUAL ACT IN THE THIRD DEGREE AS DEFINED IN SUBDIVISION THREE OF SECTION 130.40, IN ADDITION TO FORCIBLE COMPULSION, CIRCUMSTANCES UNDER WHICH, AT THE TIME OF THE ACT OF INTERCOURSE, ORAL SEXUAL CONDUCT OR ANAL SEXUAL CONDUCT, THE VICTIM IS UNDER THE INFLUENCE OF ANY DRUG, INTOXICANT, OR OTHER SUBSTANCE TO A DEGREE WHICH RENDERS THAT PERSON UNABLE TO GIVE KNOWING AND VOLUNTARY CONSENT AND THAT CONDITION IS KNOWN OR REASONABLY SHOULD BE KNOWN TO A PERSON IN THE ACTOR'S SITUATION. § 3. Subdivision 4 of section 130.35 of the penal law, as added by chapter 1 of the laws of 2000, is amended and a new subdivision 5 is added to read as follows: 4. Who is less than thirteen years old and the actor is eighteen years old or more[.]; OR 5. WHO IS INCAPABLE OF CONSENT BY REASON OF BEING MENTALLY INCAPACI- TATED AS DEFINED IN SUBDIVISION SIX OF SECTION 130.00 OF THIS ARTICLE AND SUCH INCAPACITATION IS DUE IN PART TO THE CONDUCT OF THE ACTOR, AND THE ACTOR INTENDED TO CAUSE SUCH INCAPACITATION. § 4. Subdivision 4 of section 130.50 of the penal law, as amended by chapter 264 of the laws of 2003, is amended and a new subdivision 5 is added to read as follows: 4. Who is less than thirteen years old and the actor is eighteen years old or more[.]; OR 5. WHO IS INCAPABLE OF CONSENT BY REASON OF BEING MENTALLY INCAPACI- TATED AS DEFINED IN SUBDIVISION SIX OF SECTION 130.00 OF THIS ARTICLE AND SUCH INCAPACITATION IS DUE IN PART TO THE CONDUCT OF THE ACTOR, AND THE ACTOR INTENDED TO CAUSE SUCH INCAPACITATION. § 5. This act shall take effect on the one hundred eightieth day after it shall have become a law. PART D Section 1. Section 7 of part Y of chapter 57 of the laws of 2018, amending the education law relating to persons practicing in certain licensed programs or services who are exempt from practice requirements of professionals licensed by the department of education, is amended to read as follows: § 7. Programs and services operated, regulated, funded, or approved by the department of mental hygiene, the office of children and family services, the department of corrections and community supervision, the office of temporary and disability assistance, the state office for the aging [and], the department of health, AND THE DIVISION OF CRIMINAL JUSTICE SERVICES or a local governmental unit as the term is defined in section 41.03 of the mental hygiene law or a social services district as defined in section 61 of the social services law shall not be required to receive a waiver pursuant to section 6503-a of the education law and, further, such programs and services shall also be considered to be approved settings for the receipt of supervised experience for the professions governed by articles 153, 154 and 163 of the education law. § 2. This act shall take effect immediately. S. 7505 14 A. 9505 PART E Section 1. The state finance law is amended by adding a new section 99-hh to read as follows: § 99-HH. DISTRICT ATTORNEY DISCOVERY COMPENSATION FUND. 1. THERE IS HEREBY ESTABLISHED IN THE JOINT CUSTODY OF THE STATE COMPTROLLER AND THE COMMISSIONER OF TAXATION AND FINANCE A FUND TO BE KNOWN AS THE DISTRICT ATTORNEY DISCOVERY COMPENSATION FUND. 2. (A) SUCH FUND SHALL CONSIST OF TWO MILLION DOLLARS UPON IMMEDIATE TRANSFER FROM FUNDS SECURED BY PAYMENTS ASSOCIATED WITH STATE SANCTIONED DEFERRED PROSECUTION AGREEMENTS CURRENTLY HELD ON DEPOSIT WITH THE OFFICE OF THE MANHATTAN DISTRICT ATTORNEY. (B) THE OFFICE OF THE MANHATTAN DISTRICT ATTORNEY SHALL ANNUALLY REMIT TWO MILLION DOLLARS OF FUTURE STATE SANCTIONED DEFERRED PROSECUTION AGREEMENT FUNDS WHICH HAVE BEEN SECURED BY JANUARY FIRST OF THE SUBSE- QUENT YEAR. IF TWO MILLION DOLLARS IN FUTURE FUNDING HAS NOT BEEN SECURED, THE OFFICE OF THE MANHATTAN DISTRICT ATTORNEY SHALL TRANSFER TWO MILLION DOLLARS FROM FUNDS SECURED BY PAYMENTS ASSOCIATED WITH STATE SANCTIONED DEFERRED PROSECUTION AGREEMENTS CURRENTLY HELD ON DEPOSIT WITH THE OFFICE OF THE MANHATTAN DISTRICT ATTORNEY BY JANUARY FIRST. 3. MONIES OF THE DISTRICT ATTORNEY DISCOVERY COMPENSATION FUND, FOLLOWING APPROPRIATION BY THE LEGISLATURE AND ALLOCATION BY THE DIREC- TOR OF THE BUDGET, SHALL BE MADE AVAILABLE FOR LOCAL ASSISTANCE SERVICES AND EXPENSES RELATED TO DIGITAL EVIDENCE TRANSMISSION TECHNOLOGY. § 2. Section 95.00 of the criminal procedure law, as added by section 1 of part F of chapter 55 of the laws of 2018, is amended to read as follows: § 95.00 Pre-criminal proceeding settlement. When a county district attorney of a county located in a city of one million or more recovers monies before the filing of an accusatory instrument as defined in subdivision one of section 1.20 of this chap- ter, after injured parties have been appropriately compensated, the district attorney's office shall retain a percentage of the remaining such monies in recognition that such monies were recovered as a result of investigations undertaken by such office. For each recovery the total amount of such monies to be retained by the county district attorney's office shall equal ten percent of the first twenty-five million dollars received by such office, plus seven and one-half percent of such monies received by such office in excess of twenty-five million dollars but less than fifty million dollars, plus five percent of any such monies received by such office in excess of fifty million dollars but less than one hundred million dollars, plus one percent of such monies received by such office in excess of one hundred million dollars. The remainder of such monies shall be paid by the district attorney's office to the state and to the county in equal amounts within thirty days of receipt, where disposition of such monies is not otherwise prescribed by law. Monies distributed to a county district attorney's office pursuant to this section shall be used to enhance law enforcement efforts within the state of New York. On December first of each year, every district attor- ney shall provide the governor, temporary president of the senate and speaker of the assembly with an annual report detailing the total amount of monies received as described herein by his or her office [and], a description of how and where such funds, AND AN ITEMIZATION OF FUNDS RECEIVED IN THE PREVIOUS TEN YEARS, were distributed by his or her office but shall not include a description of the distribution of monies where the disclosure of such information would interfere with a law S. 7505 15 A. 9505 enforcement investigation or a judicial proceeding, AND THE CURRENT TOTAL BALANCE OF MONIES HELD ON DEPOSIT FOR STATE SANCTIONED DEFERRED PROSECUTION AGREEMENTS. The report shall include a detailed description of any entity to which funds are distributed, including but not limited to, whether it is a profit or not-for-profit entity, where it is located, and the intended use of the monies distributed, and shall state the law enforcement purpose. § 3. This act shall take effect immediately; provided, however, that the amendments to section 95.00 of the criminal procedure law made by section two of this act shall not affect the repeal of such section and shall be deemed repealed therewith. PART F Section 1. Notwithstanding the provisions of sections 79-a and 79-b of the correction law, the governor is authorized to close correctional facilities of the department of corrections and community supervision, in the state fiscal year 2020-2021, as he determines to be necessary for the cost-effective and efficient operation of the correctional system, provided that the governor provides at least 90 days notice prior to any such closures to the temporary president of the senate and the speaker of the assembly. § 2. This act shall take effect immediately and shall be deemed to have been in full force and effect on and after April 1, 2020 and shall expire and be deemed repealed March 31, 2021. PART G Section 1. Paragraph (a-1) of subdivision 4 of section 70.20 of the penal law is REPEALED. § 2. Section 77 of the correction law is REPEALED. § 3. The correction law is amended by adding a new section 80 to read as follows: § 80. TRANSFER OF ADOLESCENTS FROM THE DEPARTMENT. THE DEPARTMENT AND THE OFFICE OF CHILDREN AND FAMILY SERVICES SHALL JOINTLY ESTABLISH A TRANSITION PLAN AND PROTOCOL TO BE USED IN TRANSFERRING CUSTODY OF ALL ADOLESCENT OFFENDERS AND INDIVIDUALS UNDER THE AGE OF EIGHTEEN FROM THE CUSTODY OF THE DEPARTMENT TO THE CUSTODY OF THE OFFICE OF CHILDREN AND FAMILY SERVICES ON OR BEFORE OCTOBER FIRST, TWO THOUSAND TWENTY. THE PLAN AND PROTOCOL SHALL BE COMPLETED ON OR BEFORE JULY FIRST, TWO THOU- SAND TWENTY. § 4. The section heading and subdivisions 1, 2, 7 and 8 of section 508 of the executive law, the section heading as added by chapter 481 of the laws of 1978, subdivision 1 as amended by chapter 738 of the laws of 2004, subdivisions 2, 7 and 8 as amended by section 82 of part WWW of chapter 59 of the laws of 2017 and such section as renumbered by chapter 465 of the laws of 1992, are amended to read as follows: Juvenile offender AND ADOLESCENT OFFENDER facilities. 1. The office of children and family services shall maintain secure facilities for the care and confinement of juvenile offenders AND ADOLESCENT OFFENDERS committed for [an indeterminate, determinate or definite] A sentence pursuant to the sentencing provisions of the penal law. Such facilities shall provide appropriate services to juvenile offenders AND ADOLESCENT OFFENDERS including but not limited to residential care, educational and vocational training, physical and mental health services, and employment counseling. S. 7505 16 A. 9505 2. Juvenile offenders AND ADOLESCENT OFFENDERS shall be confined in such facilities until the age of twenty-one in accordance with their sentences, and shall not be released, discharged or permitted home visits except pursuant to the provisions of this section. 7. While in the custody of the office of children and family services, an offender shall be subject to the rules and regulations of the office, except that his or her parole, temporary release and discharge shall be governed by the laws applicable to inmates of state correctional facili- ties and his or her transfer to state hospitals in the office of mental health shall be governed by section five hundred nine of this [chapter] ARTICLE; provided, however, that an otherwise eligible offender may receive the six-month limited credit time allowance for successful participation in one or more programs developed by the office of chil- dren and family services that are comparable to the programs set forth in section eight hundred three-b of the correction law, taking into consideration the age of offenders. The commissioner of the office of children and family services shall, however, establish and operate temporary release programs at office of children and family services facilities for eligible juvenile offenders AND ADOLESCENT OFFENDERS and contract with the department of corrections and community supervision for the provision of parole supervision services for temporary releas- ees. The rules and regulations for these programs shall not be incon- sistent with the laws for temporary release applicable to inmates of state correctional facilities. For the purposes of temporary release programs for juvenile offenders AND ADOLESCENT OFFENDERS only, when referred to or defined in article twenty-six of the correction law, "institution" shall mean any facility designated by the commissioner of the office of children and family services, "department" shall mean the office of children and family services, "inmate" shall mean a juvenile offender OR ADOLESCENT OFFENDER residing in an office of children and family services facility, and "commissioner" shall mean the commissioner of the office of children and family services. Time spent in office of children and family services facilities and in juvenile detention facil- ities shall be credited towards the sentence imposed in the same manner and to the same extent applicable to inmates of state correctional facilities. 8. Whenever a juvenile offender, ADOLESCENT OFFENDER or a juvenile offender OR ADOLESCENT OFFENDER adjudicated a youthful offender shall be delivered to the director of an office of children and family services facility pursuant to a commitment to the office of children and family services, the officer so delivering such person shall deliver to such facility director a certified copy of the sentence received by such officer from the clerk of the court by which such person shall have been sentenced, a copy of the report of the probation officer's investigation and report, any other pre-sentence memoranda filed with the court, a copy of the person's fingerprint records, a detailed summary of avail- able medical records, psychiatric records and reports relating to assaults, or other violent acts, attempts at suicide or escape by the person while in the custody of a local detention facility. § 5. Paragraphs (a), (b), (c), (d) and (e) of subdivision 2 of section 508 of the executive law are REPEALED. § 6. This act shall take effect immediately; provided that: a. sections one and four of this act shall take effect on the sixtieth day after this act shall have become a law and the changes made by section one shall apply to sentences ordered pursuant to section 70.20 of the penal law on or after the effective date; S. 7505 17 A. 9505 b. section two of this act shall take effect October 1, 2020; and c. section three of this act shall expire October 1, 2021 when upon such date the provisions of such section shall be deemed repealed. 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. PART H Section 1. Paragraph a of subdivision 2 of section 162 of the state finance law, as amended by section 164 of subpart B of part C of chapter 62 of the laws of 2011, is amended to read as follows: a. Commodities AND SERVICES produced by the correctional industries program of the department of corrections and community supervision and provided to the state pursuant to subdivision two of section one hundred eighty-four of the correction law; § 2. Subparagraph (iii) of paragraph b of subdivision 4 of section 162 of the state finance law, as amended by chapter 430 of the laws of 1997, is amended and a new subparagraph (iv) is added to read as follows: (iii) if, within ten days of the notification required by subparagraph (i) of this paragraph, no preferred source or facilitating entity iden- tified in paragraph e of subdivision six of this section indicates intent to provide the service, [then the service shall be procured in accordance with section one hundred sixty-three of this article. If, after such period, a preferred source elects to bid on the service, award shall be made in accordance with section one hundred sixty-three of this article or as otherwise provided by law] STATE AGENCIES OR POLI- TICAL SUBDIVISIONS OR PUBLIC BENEFIT CORPORATIONS HAVING THEIR OWN PURCHASING AGENCY SHALL MAKE REASONABLE EFFORTS TO PROVIDE A NOTIFICA- TION DESCRIBING THEIR REQUIREMENTS TO THE CORRECTIONAL INDUSTRIES PROGRAM OF THE DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION, AND IF THE CORRECTIONAL INDUSTRIES PROGRAM OF THE DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION PROVIDES A NOTICE OF INTENT TO PROVIDE THE SERVICE IN THE FORM, FUNCTION AND UTILITY REQUIRED, AT A PRICE IN ACCORDANCE WITH THE PRICE PROVISIONS SET FORTH HEREIN, THEN THE SERVICE SHALL BE PURCHASED FROM THE CORRECTIONAL INDUSTRIES PROGRAM OF THE DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION. (IV) IF, WITHIN TEN DAYS OF THE NOTIFICATION REQUIRED BY SUBPARAGRAPH (III) OF THIS PARAGRAPH, THE CORRECTIONAL INDUSTRIES PROGRAM OF THE DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION DOES NOT INDICATE INTENT TO PROVIDE THE SERVICE, THEN THE SERVICE SHALL BE PROCURED IN ACCORDANCE WITH SECTION ONE HUNDRED SIXTY-THREE OF THIS ARTICLE. IF, AFTER SUCH PERIOD, A PREFERRED SOURCE ELECTS TO BID ON THE SERVICE, AWARD SHALL BE MADE IN ACCORDANCE WITH SECTION ONE HUNDRED SIXTY-THREE OF THIS ARTICLE OR AS OTHERWISE PROVIDED BY LAW. § 3. The opening paragraph of subdivision 5 of section 162 of the state finance law, as amended by section 164 of subpart B of part C of chapter 62 of the laws of 2011, is amended to read as follows: The prices to be charged for commodities AND SERVICES produced by the correctional industries program of the department of corrections and community supervision shall be established by the commissioner of corrections and community supervision in accordance with section one hundred eighty-six of the correction law. § 4. This act shall take effect immediately. S. 7505 18 A. 9505 PART I Section 1. Paragraph (b) of subdivision 6 of section 186-f of the tax law, as amended by section 1 of part M of chapter 55 of the laws of 2018, 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, two thousand seventeen--two thousand eighteen, two thousand eighteen--two thousand nineteen [and], two thou- sand nineteen--two thousand twenty, TWO THOUSAND TWENTY--TWO THOUSAND TWENTY-ONE AND TWO THOUSAND TWENTY-ONE--TWO THOUSAND TWENTY-TWO; § 2. This act shall take effect April 1, 2020. PART J 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. No person shall be appointed to the New York state police force as a sworn member unless he or she shall be a citizen of the United States, between the ages of twenty-one and twen- ty-nine years except that in the superintendent's discretion, the maxi- mum age may be extended to thirty-five years. THE SUPERINTENDENT MAY WAIVE THE MAXIMUM AGE FOR APPOINTMENT IN THE CASE OF ANY INDIVIDUAL EMPLOYED BY THE OFFICE OF PARKS, RECREATION AND HISTORIC PRESERVATION AS A POLICE OFFICER, AS DEFINED IN SECTION 1.20 OF THE CRIMINAL PROCEDURE LAW, WHO IS APPOINTED TO THE NEW YORK STATE POLICE AS A RESULT OF THE NEW YORK STATE POLICE ASSUMING THE LAW ENFORCEMENT RESPONSIBILITIES OF THAT STATE AGENCY. Notwithstanding any other provision of law or any general or special law to the contrary the time spent on military duty, not exceeding a total of [six] SEVEN years, shall be subtracted from the age of any applicant 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 investi- gation 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 superinten- dent. Appointments 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 proba- tionary 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 S. 7505 19 A. 9505 superintendent for approval. Reasonable time shall be required to account for all equipment 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 reappointment. 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 regulations. The superintendent is authorized to charge a fee of twenty dollars as an application fee for any person applying to take a competitive examination for the position of trooper, and a fee of five dollars for any competitive examination for a civilian position. The superintendent shall promulgate regulations subject to the approval of the director of the budget, to provide for a waiver of the application fee when the fee would cause an unreasonable hardship on the applicant and to establish a fee schedule and charge fees for the use of state police facilities. § 2. This act shall take effect immediately; provided, however, that the amendments to subdivision 3 of section 215 of the executive law made by section one of this act shall expire and be deemed repealed April 1, 2023. PART K Section 1. Section 265.00 of the penal law is amended by adding a new subdivision 31 to read as follows: 31. "UNFINISHED FRAME OR RECEIVER" MEANS A PIECE OF ANY MATERIAL THAT DOES NOT CONSTITUTE THE FRAME OR RECEIVER OF A FIREARM, RIFLE, OR SHOT- GUN, BUT THAT HAS BEEN SHAPED OR FORMED IN ANY WAY FOR THE PURPOSE OF BECOMING THE FRAME OR RECEIVER OF A FIREARM, RIFLE, OR SHOTGUN. SUCH TERM SHALL NOT INCLUDE A PIECE OF MATERIAL THAT HAS HAD ITS SIZE OR EXTERNAL SHAPE ALTERED TO FACILITATE TRANSPORTATION OR STORAGE OR HAS HAD ITS CHEMICAL COMPOSITION ALTERED. § 2. Subdivision 10 of section 265.02 of the penal law, as added by chapter 1 of the laws of 2013, is amended and a new subdivision 11 is added to read as follows: (10) Such person possesses an unloaded firearm and also commits any violent felony offense as defined in subdivision one of section 70.02 of this chapter as part of the same criminal transaction[.]; OR (11) SUCH PERSON POSSESSES A MAJOR COMPONENT OF A FIREARM, RIFLE, OR SHOTGUN, OR AN UNFINISHED FRAME OR RECEIVER, AND SUCH PERSON IS PROHIB- ITED FROM POSSESSING A SHOTGUN OR RIFLE PURSUANT TO: (I) THIS ARTICLE; (II) SUBSECTION (G) OF SECTION 922 OF TITLE 18 OF THE UNITED STATES CODE; OR (III) A TEMPORARY OR FINAL EXTREME RISK PROTECTION ORDER ISSUED UNDER ARTICLE SIXTY-THREE-A OF THE CIVIL PRACTICE LAW AND RULES. § 3. The penal law is amended by adding a new section 400.04 to read as follows: § 400.04 SALE OR TRANSFER OF FIREARM, RIFLE, OR SHOTGUN COMPONENTS. 1. NO COMMERCIAL TRANSFER OF A MAJOR COMPONENT OF A FIREARM, RIFLE, OR SHOTGUN, OR AN UNFINISHED FRAME OR RECEIVER, SHALL TAKE PLACE UNLESS A DEALER IN FIREARMS THAT IS VALIDLY LICENSED PURSUANT TO SECTION 400.00 OF THIS ARTICLE OR SECTION 923 OF TITLE 18 OF THE UNITED STATES CODE, ACTS AS AN INTERMEDIARY BETWEEN THE TRANSFEROR AND THE ULTIMATE TRANS- S. 7505 20 A. 9505 FEREE OF SUCH MAJOR COMPONENT OR UNFINISHED FRAME OR RECEIVER. SUCH TRANSFER BETWEEN THE DEALER AND TRANSFEREE MUST OCCUR IN PERSON. PRIOR TO COMPLETING A TRANSFER PURSUANT TO THIS SECTION THE DEALER IN FIREARMS MUST VERIFY THE IDENTITY OF THE TRANSFEREE BY EXAMINING A VALID STATE IDENTIFICATION DOCUMENT OF THE TRANSFEREE ISSUED BY THE DEPARTMENT OF MOTOR VEHICLES OR, IF SUCH TRANSFEREE IS NOT A RESIDENT OF THE STATE OF NEW YORK, A VALID IDENTIFICATION DOCUMENT ISSUED BY SUCH TRANSFEREE'S STATE OR COUNTRY OF RESIDENCE CONTAINING A PHOTOGRAPH OF SUCH TRANSFER- EE. 2. EVERY DEALER IN FIREARMS SHALL KEEP A RECORD BOOK AND ENTER AT THE TIME OF EVERY TRANSACTION INVOLVING THE TRANSFER OF A MAJOR COMPONENT OF A FIREARM, RIFLE, OR SHOTGUN, OR AN UNFINISHED FRAME OR RECEIVER, THE DATE, NAME, AGE, AND RESIDENCE OF ANY PERSON TO WHOM SUCH MAJOR COMPO- NENT OR UNFINISHED FRAME OR RECEIVER IS DELIVERED, AND, IN THE CASE OF A RECEIVER OR A FRAME OF A FIREARM, RIFLE, OR SHOTGUN, OR AN UNFINISHED FRAME OR RECEIVER, THE SERIAL NUMBER ENGRAVED, CAST OR STAMPED THEREON OR, IF NONE, THE SERIAL NUMBER ASSIGNED TO THE UNFINISHED FRAME OR RECEIVER PURSUANT TO THIS SECTION. 3. NO DEALER IN FIREARMS MAY COMPLETE A TRANSFER PURSUANT TO THIS SECTION UNLESS (I) THE FRAME OR RECEIVER OF A FIREARM, RIFLE, OR SHOT- GUN, OR UNFINISHED FRAME OR RECEIVER, IS CONSPICUOUSLY ENGRAVED, CAST, OR STAMPED WITH A UNIQUE SERIAL NUMBER, OR (II) IN THE CASE OF AN UNFIN- ISHED FRAME OR RECEIVER THAT LACKS SUCH A UNIQUE SERIAL NUMBER, THE DEALER IN FIREARMS FIRST REQUESTS AND OBTAINS A UNIQUE SERIAL NUMBER FOR EACH UNFINISHED FRAME OR RECEIVER PURSUANT TO SUBDIVISION FOUR OF THIS SECTION AND PROVIDES THE UNIQUE SERIAL NUMBER ASSIGNED TO THE UNFINISHED FRAME OR RECEIVER TO THE TRANSFEREE. 4. UPON THE REQUEST OF A DEALER IN FIREARMS MADE PURSUANT TO SUBDIVI- SION THREE OF THIS SECTION, THE DIVISION OF CRIMINAL JUSTICE SERVICES SHALL ISSUE A UNIQUE SERIAL NUMBER FOR EACH UNFINISHED FRAME OR RECEIV- ER, TRANSMIT THE SERIAL NUMBER TO THE REQUESTING DEALER, AND MAINTAIN A RECORD OF EACH SERIAL NUMBER ISSUED, THE DATE OF ISSUANCE, AND THE IDEN- TITY OF THE REQUESTING DEALER. 5. EVERY TRANSFEREE TAKING POSSESSION OF AN UNFINISHED FRAME OR RECEIVER SHALL ENSURE THAT THE UNIQUE SERIAL NUMBER ASSIGNED TO SUCH UNFINISHED FRAME OR RECEIVER PURSUANT TO THIS SECTION IS PERMANENTLY AND CONSPICUOUSLY ENGRAVED, CAST, OR STAMPED UPON THE UNFINISHED FRAME OR RECEIVER IN A MANNER THAT MEETS OR EXCEEDS THE REQUIREMENTS IMPOSED ON LICENSED IMPORTERS AND LICENSED MANUFACTURERS OF FIREARMS PURSUANT TO SUBSECTION (I) OF SECTION 923 OF TITLE 18 OF THE UNITED STATES CODE AND REGULATIONS ISSUED PURSUANT THERETO, WITHIN THIRTY DAYS OF TAKING POSSESSION OF SUCH UNFINISHED FRAME OR RECEIVER. 6. ANY PERSON NOT A VALIDLY LICENSED DEALER IN FIREARMS PURSUANT TO SECTION 400.00 OF THIS ARTICLE OR SECTION 923 OF TITLE 18 OF THE UNITED STATES CODE WHO VIOLATES SUBDIVISION ONE OR FIVE OF THIS SECTION SHALL BE GUILTY OF A CLASS D FELONY. ANY DEALER IN FIREARMS WHO VIOLATES SUBDIVISION THREE OF THIS SECTION SHALL BE GUILTY OF A CLASS B MISDEMEA- NOR AND ANY LICENSE OF SUCH DEALER ISSUED PURSUANT TO SECTION 400.00 OF THIS ARTICLE SHALL BE REVOKED. ANY DEALER IN FIREARMS WHO VIOLATES SUBDIVISION ONE OR TWO OF THIS SECTION, FOR A FIRST OFFENSE, SHALL BE GUILTY OF A VIOLATION AND SUBJECT TO THE FINE OF ONE THOUSAND DOLLARS AND FOR A SECOND OFFENSE, SHALL BE GUILTY OF A CLASS B MISDEMEANOR AND ANY LICENSE OF SUCH DEALER ISSUED PURSUANT TO SECTION 400.00 OF THIS ARTICLE SHALL BE REVOKED. § 4. This act shall take effect on the first of November next succeed- ing the date upon which it shall have become a law. S. 7505 21 A. 9505 PART L 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. PART M Section 1. This act shall be known and may be cited as the "safe homes and families act". § 2. Section 140.10 of the criminal procedure law is amended by adding a new subdivision 6 to read as follows: 6. (A) A POLICE OFFICER WHO RESPONDS TO A REPORT OF A FAMILY OFFENSE AS DEFINED IN SECTION 530.11 OF THIS CHAPTER AND SECTION EIGHT HUNDRED TWELVE OF THE FAMILY COURT ACT MAY, IN THE INTEREST OF PUBLIC SAFETY, TAKE TEMPORARY CUSTODY OF ANY FIREARM, RIFLE, ELECTRONIC DART GUN, ELEC- S. 7505 22 A. 9505 TRONIC STUN GUN, DISGUISED GUN, IMITATION WEAPON, SHOTGUN, ANTIQUE FIREARM, BLACK POWDER RIFLE, BLACK POWDER SHOTGUN, OR MUZZLE-LOADING FIREARM THAT IS IN PLAIN SIGHT OR IS DISCOVERED PURSUANT TO A LAWFUL SEARCH, AND SHALL TAKE TEMPORARY CUSTODY OF ANY SUCH WEAPON THAT IS IN THE POSSESSION OF ANY PERSON ARRESTED FOR THE COMMISSION OF SUCH FAMILY OFFENSE OR SUSPECTED OF ITS COMMISSION. AN OFFICER WHO TAKES CUSTODY OF ANY WEAPON PURSUANT TO THIS PARAGRAPH SHALL ALSO TAKE CUSTODY OF ANY LICENSE TO CARRY, POSSESS, REPAIR, AND DISPOSE OF SUCH WEAPON ISSUED TO THE PERSON ARRESTED OR SUSPECTED OF SUCH FAMILY OFFENSE. THE OFFICER SHALL DELIVER SUCH WEAPON AND/OR LICENSE TO THE APPROPRIATE LAW ENFORCE- MENT OFFICER AS PROVIDED IN SUBPARAGRAPH (F) OF PARAGRAPH ONE OF SUBDI- VISION A OF SECTION 265.20 OF THE PENAL LAW. (B) UPON TAKING CUSTODY OF WEAPONS OR A LICENSE DESCRIBED IN PARAGRAPH (A) OF THIS SUBDIVISION, THE RESPONDING OFFICER SHALL GIVE THE OWNER OR PERSON IN POSSESSION OF SUCH WEAPONS OR LICENSE A RECEIPT DESCRIBING SUCH WEAPONS AND/OR LICENSE AND INDICATING ANY IDENTIFICATION OR SERIAL NUMBER ON SUCH WEAPONS. SUCH RECEIPT SHALL INDICATE WHERE THE WEAPONS AND/OR LICENSE CAN BE RECOVERED AND DESCRIBE THE PROCESS FOR RECOVERY PROVIDED IN PARAGRAPH (D) OF THIS SUBDIVISION. (C) A WEAPON DESCRIBED IN PARAGRAPH (A) OF THIS SUBDIVISION THAT IS UTILIZED IN THE COMMISSION OF AN OFFENSE, THAT IS UNLAWFULLY POSSESSED, OR THAT A COURT ORDERS TO BE SURRENDERED PURSUANT TO SUBDIVISION TWO OR SUBDIVISION THREE OF SECTION EIGHT HUNDRED FORTY-TWO-A OF THE FAMILY COURT ACT SHALL BE DECLARED A NUISANCE AS PROVIDED IN SUBDIVISION ONE OF SECTION 400.05 OF THE PENAL LAW AND EITHER DISPOSED OF IN THE MANNER DESCRIBED IN SUBDIVISION TWO OR RETAINED AS PROVIDED IN SUBDIVISION THREE OF SECTION 400.05 OF THE PENAL LAW. (D) NOT LESS THAN FORTY-EIGHT HOURS AND NOT MORE THAN ONE HUNDRED TWENTY HOURS OR, IN THE EVENT THAT A SATURDAY, SUNDAY OR LEGAL HOLIDAY OCCURS DURING SUCH PERIOD, ONE HUNDRED FORTY-FOUR HOURS AFTER A WEAPON, OTHER THAN A WEAPON DESCRIBED IN PARAGRAPH (C) OF THIS SUBDIVISION, IS TAKEN INTO TEMPORARY CUSTODY AS PROVIDED IN PARAGRAPH (A) OF THIS SUBDI- VISION, THE OWNER OR PERSON WHO WAS IN LAWFUL POSSESSION OF SUCH WEAPON SHALL HAVE THE RIGHT TO ARRANGE FOR THE SALE OR TRANSFER OF SUCH WEAPON TO A DEALER, OR TO HIMSELF OR HERSELF, IN THE MANNER PROVIDED IN SUBDI- VISION SIX OF SECTION 400.05 OF THE PENAL LAW. § 3. Section 140.10 of the criminal procedure law is amended by adding a new subdivision 7 to read as follows: 7. (A) UPON INVESTIGATING A REPORT OF A CRIME OR OFFENSE BETWEEN MEMBERS OF THE SAME FAMILY OR HOUSEHOLD AS SUCH TERMS ARE DEFINED IN SECTION 530.11 OF THIS CHAPTER AND SECTION EIGHT HUNDRED TWELVE OF THE FAMILY COURT ACT, A LAW ENFORCEMENT OFFICER MAY, IN THE INTEREST OF THE SAFETY OF MEMBERS OF THE SAME FAMILY OR HOUSEHOLD OR OTHER PERSON OR PERSONS, TAKE TEMPORARY CUSTODY OF ANY FIREARM, RIFLE OR SHOTGUN OR ANY OTHER WEAPON THAT IS IN PLAIN SIGHT OR IS DISCOVERED PURSUANT TO A LAWFUL SEARCH. (B) UPON TAKING CUSTODY OF ANY FIREARM, RIFLE OR SHOTGUN OR ANY OTHER WEAPON DESCRIBED IN PARAGRAPH (A) OF THIS SUBDIVISION, THE LAW ENFORCE- MENT OFFICER SHALL PROVIDE THE OWNER OR ANY OTHER ADULT RESIDING ON THE PREMISES WITH A RECEIPT DESCRIBING THE ITEMS TAKEN INTO TEMPORARY CUSTO- DY AND SHALL PROVIDE INSTRUCTIONS FOR CLAIMING THE ITEMS. (C) A WEAPON DESCRIBED IN PARAGRAPH (A) OF THIS SUBDIVISION THAT IS USED IN THE COMMISSION OF AN OFFENSE OR IS UNLAWFULLY POSSESSED SHALL BE DECLARED A NUISANCE AS PROVIDED IN SUBDIVISION ONE OF SECTION 400.05 OF THE PENAL LAW AND EITHER DISPOSED OF IN THE MANNER DESCRIBED IN SUBDIVI- S. 7505 23 A. 9505 SION TWO OR RETAINED AS PROVIDED IN SUBDIVISION THREE OF SECTION 400.05 OF THE PENAL LAW. (D) A FIREARM OR OTHER WEAPON WHICH IS TAKEN INTO TEMPORARY CUSTODY AND WHICH HAS NOT BEEN DECLARED A NUISANCE PURSUANT TO PARAGRAPH (C) OF THIS SUBDIVISION, SHALL BE RETAINED FOR A PERIOD NOT TO EXCEED ONE YEAR. PRIOR TO THE EXPIRATION OF SUCH TIME PERIOD, THE OWNER OF THE ITEM SHALL HAVE THE RIGHT TO RECLAIM THE ITEM OR ARRANGE FOR THE SALE OR TRANSFER OF THE ITEM. NOTHING IN THIS SUBDIVISION AUTHORIZES THE RETURN OF A FIREARM, RIFLE OR SHOTGUN TO A PERSON WHO IS NOT AUTHORIZED TO POSSESS A FIREARM, RIFLE OR SHOTGUN. § 4. The section heading and paragraphs (a) and (b) of subdivision 1 of section 530.14 of the criminal procedure law, as amended by chapter 60 of the laws of 2018, are amended and a new paragraph (c) is added to read as follows: Suspension and revocation of a license to carry, possess, repair or dispose of a firearm or firearms pursuant to section 400.00 of the penal law and ineligibility for such a license; order to surrender FIREARMS; ORDER TO SEIZE firearms. (a) the court shall suspend any such existing license possessed by the defendant, order the defendant ineligible for such a license and order the immediate surrender of any or all firearms, rifles and shotguns owned or possessed where the court receives information that gives the court good cause to believe that (i) the defendant has a prior conviction of any violent felony offense as defined in section 70.02 of the penal law; (ii) the defendant has previously been found to have willfully failed to obey a prior order of protection and such willful failure involved (A) the infliction of physical injury, as defined in subdivision nine of section 10.00 of the penal law, (B) the use or threatened use of a deadly weapon or dangerous instrument as those terms are defined in subdivisions twelve and thirteen of section 10.00 of the penal law, or (C) behavior constituting any violent felony offense as defined in section 70.02 of the penal law; or (iii) the defendant has a prior conviction for stalking in the first degree as defined in section 120.60 of the penal law, stalking in the second degree as defined in section 120.55 of the penal law, stalking in the third degree as defined in section 120.50 of the penal law or stalking in the fourth degree as defined in section 120.45 of such law; [and] (b) the court shall where the court finds a substantial risk that the defendant may use or threaten to use a firearm, rifle or shotgun unlaw- fully against the person or persons for whose protection the temporary order of protection is issued, suspend any such existing license possessed by the defendant, order the defendant ineligible for such a license and order the immediate surrender pursuant to subparagraph (f) of paragraph one of subdivision a of section 265.20 and subdivision six of section 400.05 of the penal law, of any or all firearms, rifles and shotguns owned or possessed[.]; AND (C) THE COURT MAY WHERE THE DEFENDANT WILLFULLY REFUSES TO SURRENDER SUCH FIREARM, RIFLE OR SHOTGUN PURSUANT TO PARAGRAPHS (A) AND (B) OF THIS SUBDIVISION, OR FOR OTHER GOOD CAUSE SHOWN, ORDER THE IMMEDIATE SEIZURE OF SUCH FIREARM, RIFLE OR SHOTGUN, AND SEARCH THEREFOR, CONSIST- ENT WITH SUCH RIGHTS AS THE DEFENDANT MAY DERIVE FROM THIS ARTICLE OR THE CONSTITUTION OF THIS STATE OR THE UNITED STATES. § 5. Paragraphs (a) and (b) of subdivision 2 of section 530.14 of the criminal procedure law, as amended by chapter 60 of the laws of 2018, are amended and a new paragraph (c) is added to read as follows: S. 7505 24 A. 9505 (a) the court shall revoke any such existing license possessed by the defendant, order the defendant ineligible for such a license and order the immediate surrender of any or all firearms, rifles and shotguns owned or possessed where such action is required by section 400.00 of the penal law; [and] (b) the court shall where the court finds a substantial risk that the defendant may use or threaten to use a firearm, [rifles] RIFLE or [shot- guns] SHOTGUN unlawfully against the person or persons for whose protection the order of protection is issued, (i) revoke any such exist- ing license possessed by the defendant, order the defendant ineligible for such a license and order the immediate surrender of any or all firearms, rifles and shotguns owned or possessed or (ii) suspend or continue to suspend any such existing license possessed by the defend- ant, order the defendant ineligible for such a license and order the immediate surrender pursuant to subparagraph (f) of paragraph one of subdivision a of section 265.20 and subdivision six of section 400.05 of the penal law, of any or all firearms, rifles and shotguns owned or possessed[.]; AND (C) THE COURT MAY WHERE THE DEFENDANT WILLFULLY REFUSES TO SURRENDER SUCH FIREARM, RIFLE OR SHOTGUN PURSUANT TO PARAGRAPHS (A) AND (B) OF THIS SUBDIVISION, OR FOR OTHER GOOD CAUSE SHOWN, ORDER THE IMMEDIATE SEIZURE OF SUCH FIREARM, RIFLE OR SHOTGUN, AND SEARCH THEREFOR, CONSIST- ENT WITH SUCH RIGHTS AS THE DEFENDANT MAY DERIVE FROM THIS ARTICLE OR THE CONSTITUTION OF THIS STATE OR THE UNITED STATES. § 6. Paragraphs (a) and (b) of subdivision 3 of section 530.14 of the criminal procedure law, as amended by chapter 60 of the laws of 2018, are amended and a new paragraph (c) is added to read as follows: (a) the court shall revoke any such existing license possessed by the defendant, order the defendant ineligible for such a license and order the immediate surrender of any or all firearms, rifles and shotguns owned or possessed where the willful failure to obey such order involved (i) the infliction of physical injury, as defined in subdivision nine of section 10.00 of the penal law, (ii) the use or threatened use of a deadly weapon or dangerous instrument as those terms are defined in subdivisions twelve and thirteen of section 10.00 of the penal law, (iii) behavior constituting any violent felony offense as defined in section 70.02 of the penal law; or (iv) behavior constituting stalking in the first degree as defined in section 120.60 of the penal law, stalking in the second degree as defined in section 120.55 of the penal law, stalking in the third degree as defined in section 120.50 of the penal law or stalking in the fourth degree as defined in section 120.45 of such law; [and] (b) the court shall where the court finds a substantial risk that the defendant may use or threaten to use a firearm, rifle or shotgun unlaw- fully against the person or persons for whose protection the order of protection was issued, (i) revoke any such existing license possessed by the defendant, order the defendant ineligible for such a license and order the immediate surrender pursuant to subparagraph (f) of paragraph one of subdivision a of section 265.20 and subdivision six of section 400.05 of the penal law, of any or all firearms, rifles and shotguns owned or possessed or (ii) suspend any such existing license possessed by the defendant, order the defendant ineligible for such a license and order the immediate surrender pursuant to subparagraph (f) of paragraph one of subdivision a of section 265.20 and subdivision six of section 400.05 of the penal law, of any or all firearms, rifles and shotguns owned or possessed[.]; AND S. 7505 25 A. 9505 (C) THE COURT MAY WHERE THE DEFENDANT WILLFULLY REFUSES TO SURRENDER SUCH FIREARM, RIFLE OR SHOTGUN PURSUANT TO PARAGRAPHS (A) AND (B) OF THIS SUBDIVISION, OR FOR OTHER GOOD CAUSE SHOWN, ORDER THE IMMEDIATE SEIZURE OF SUCH FIREARM, RIFLE OR SHOTGUN, AND SEARCH THEREFOR, CONSIST- ENT WITH SUCH RIGHTS AS THE DEFENDANT MAY DERIVE FROM THIS ARTICLE OR THE CONSTITUTION OF THIS STATE OR THE UNITED STATES. § 7. Subdivisions 6 and 7 of section 530.14 of the criminal procedure law, as amended by chapter 60 of the laws of 2018, are amended to read as follows: 6. Notice. (a) Where an order requiring surrender, revocation, suspen- sion, SEIZURE or ineligibility has been issued pursuant to this section, any temporary order of protection or order of protection issued shall state that such firearm license has been suspended or revoked or that the defendant is ineligible for such license, as the case may be, and that the defendant is prohibited from possessing any firearm, rifle or shotgun. (b) The court revoking or suspending the license, ordering the defend- ant ineligible for such a license, or ordering the surrender OR SEIZURE of any firearm, rifle or shotgun shall immediately notify the duly constituted police authorities of the locality concerning such action and, in the case of orders of protection and temporary orders of protection issued pursuant to section 530.12 of this article, shall immediately notify the statewide registry of orders of protection. (c) The court revoking or suspending the license or ordering the defendant ineligible for such a license shall give written notice there- of without unnecessary delay to the division of state police at its office in the city of Albany. (d) Where an order of revocation, suspension, ineligibility [or], surrender OR SEIZURE is modified or vacated, the court shall immediately notify the statewide registry of orders of protection and the duly constituted police authorities of the locality concerning such action and shall give written notice thereof without unnecessary delay to the division of state police at its office in the city of Albany. 7. Hearing. The defendant shall have the right to a hearing before the court regarding any revocation, suspension, ineligibility [or], surren- der OR SEIZURE order issued pursuant to this section, provided that nothing in this subdivision shall preclude the court from issuing any such order prior to a hearing. Where the court has issued such an order prior to a hearing, it shall commence such hearing within fourteen days of the date such order was issued. § 8. The section heading and paragraphs (a) and (b) of subdivision 1 of section 842-a of the family court act, as amended by chapter 60 of the laws of 2018, are amended and a new paragraph (c) is added to read as follows: Suspension and revocation of a license to carry, possess, repair or dispose of a firearm or firearms pursuant to section 400.00 of the penal law and ineligibility for such a license; order to surrender firearms; ORDER TO SEIZE FIREARMS. (a) the court shall suspend any such existing license possessed by the respondent, order the respondent ineligible for such a license, and order the immediate surrender pursuant to subparagraph (f) of paragraph one of subdivision a of section 265.20 and subdivision six of section 400.05 of the penal law, of any or all firearms, rifles and shotguns owned or possessed where the court receives information that gives the court good cause to believe that: (i) the respondent has a prior conviction of any violent felony offense as defined in section 70.02 of S. 7505 26 A. 9505 the penal law; (ii) the respondent has previously been found to have willfully failed to obey a prior order of protection and such willful failure involved (A) the infliction of physical injury, as defined in subdivision nine of section 10.00 of the penal law, (B) the use or threatened use of a deadly weapon or dangerous instrument as those terms are defined in subdivisions twelve and thirteen of section 10.00 of the penal law, or (C) behavior constituting any violent felony offense as defined in section 70.02 of the penal law; or (iii) the respondent has a prior conviction for stalking in the first degree as defined in section 120.60 of the penal law, stalking in the second degree as defined in section 120.55 of the penal law, stalking in the third degree as defined in section 120.50 of the penal law or stalking in the fourth degree as defined in section 120.45 of such law; [and] (b) the court shall where the court finds a substantial risk that the respondent may use or threaten to use a firearm, rifle or shotgun unlaw- fully against the person or persons for whose protection the temporary order of protection is issued, suspend any such existing license possessed by the respondent, order the respondent ineligible for such a license, and order the immediate surrender pursuant to subparagraph (f) of paragraph one of subdivision a of section 265.20 and subdivision six of section 400.05 of the penal law, of any or all firearms, rifles and shotguns owned or possessed[.]; AND (C) THE COURT MAY WHERE THE DEFENDANT WILLFULLY REFUSES TO SURRENDER SUCH FIREARM, RIFLE OR SHOTGUN PURSUANT TO PARAGRAPHS (A) AND (B) OF THIS SUBDIVISION, OR FOR OTHER GOOD CAUSE SHOWN, ORDER THE IMMEDIATE SEIZURE OF SUCH FIREARM, RIFLE OR SHOTGUN, AND SEARCH THEREFOR, CONSIST- ENT WITH SUCH RIGHTS AS THE DEFENDANT MAY DERIVE FROM THIS ARTICLE OR THE CONSTITUTION OF THIS STATE OR THE UNITED STATES. § 9. Paragraphs (a) and (b) of subdivision 2 of section 842-a of the family court act, as amended by chapter 60 of the laws of 2018, are amended and a new paragraph (c) is added to read as follows: (a) the court shall revoke any such existing license possessed by the respondent, order the respondent ineligible for such a license, and order the immediate surrender pursuant to subparagraph (f) of paragraph one of subdivision a of section 265.20 and subdivision six of section 400.05 of the penal law, of any or all firearms, rifles and shotguns owned or possessed where the court finds that the conduct which resulted in the issuance of the order of protection involved (i) the infliction of physical injury, as defined in subdivision nine of section 10.00 of the penal law, (ii) the use or threatened use of a deadly weapon or dangerous instrument as those terms are defined in subdivisions twelve and thirteen of section 10.00 of the penal law, or (iii) behavior constituting any violent felony offense as defined in section 70.02 of the penal law; [and] (b) the court shall, where the court finds a substantial risk that the respondent may use or threaten to use a firearm, rifle or shotgun unlaw- fully against the person or persons for whose protection the order of protection is issued, (i) revoke any such existing license possessed by the respondent, order the respondent ineligible for such a license and order the immediate surrender pursuant to subparagraph (f) of paragraph one of subdivision a of section 265.20 and subdivision six of section 400.05 of the penal law, of any or all firearms, rifles and shotguns owned or possessed or (ii) suspend or continue to suspend any such existing license possessed by the respondent, order the respondent inel- igible for such a license, and order the immediate surrender pursuant to subparagraph (f) of paragraph one of subdivision a of section 265.20 and S. 7505 27 A. 9505 subdivision six of section 400.05 of the penal law, of any or all firearms, rifles and shotguns owned or possessed[.]; AND (C) THE COURT MAY WHERE THE DEFENDANT WILLFULLY REFUSES TO SURRENDER SUCH FIREARM, RIFLE OR SHOTGUN PURSUANT TO PARAGRAPHS (A) AND (B) OF THIS SUBDIVISION, OR FOR OTHER GOOD CAUSE SHOWN, ORDER THE IMMEDIATE SEIZURE OF SUCH FIREARM, RIFLE OR SHOTGUN, AND SEARCH THEREFOR, CONSIST- ENT WITH SUCH RIGHTS AS THE DEFENDANT MAY DERIVE FROM THIS ARTICLE OR THE CONSTITUTION OF THIS STATE OR THE UNITED STATES. § 10. Paragraphs (a) and (b) of subdivision 3 of section 842-a of the family court act, as amended by chapter 60 of the laws of 2018, are amended and a new paragraph (c) is added to read as follows: (a) the court shall revoke any such existing license possessed by the respondent, order the respondent ineligible for such a license, and order the immediate surrender pursuant to subparagraph (f) of paragraph one of subdivision a of section 265.20 and subdivision six of section 400.05 of the penal law, of any or all firearms, rifles and shotguns owned or possessed where the willful failure to obey such order involves (i) the infliction of physical injury, as defined in subdivision nine of section 10.00 of the penal law, (ii) the use or threatened use of a deadly weapon or dangerous instrument as those terms are defined in subdivisions twelve and thirteen of section 10.00 of the penal law, or (iii) behavior constituting any violent felony offense as defined in section 70.02 of the penal law; or (iv) behavior constituting stalking in the first degree as defined in section 120.60 of the penal law, stalking in the second degree as defined in section 120.55 of the penal law, stalking in the third degree as defined in section 120.50 of the penal law or stalking in the fourth degree as defined in section 120.45 of such law; [and] (b) the court shall where the court finds a substantial risk that the respondent may use or threaten to use a firearm, rifle or shotgun unlaw- fully against the person or persons for whose protection the order of protection was issued, (i) revoke any such existing license possessed by the respondent, order the respondent ineligible for such a license, whether or not the respondent possesses such a license, and order the immediate surrender pursuant to subparagraph (f) of paragraph one of subdivision a of section 265.20 and subdivision six of section 400.05 of the penal law, of any or all firearms, rifles and shotguns owned or possessed or (ii) suspend any such existing license possessed by the respondent, order the respondent ineligible for such a license, and order the immediate surrender of any or all firearms, rifles and shot- guns owned or possessed[.]; AND (C) THE COURT MAY WHERE THE DEFENDANT WILLFULLY REFUSES TO SURRENDER SUCH FIREARM, RIFLE OR SHOTGUN PURSUANT TO PARAGRAPHS (A) AND (B) OF THIS SUBDIVISION, OR FOR OTHER GOOD CAUSE SHOWN, ORDER THE IMMEDIATE SEIZURE OF SUCH FIREARM, RIFLE OR SHOTGUN, AND SEARCH THEREFOR, CONSIST- ENT WITH SUCH RIGHTS AS THE DEFENDANT MAY DERIVE FROM THIS ARTICLE OR THE CONSTITUTION OF THIS STATE OR THE UNITED STATES. § 11. Subdivisions 6 and 7 of section 842-a of the family court act, as amended by chapter 60 of the laws of 2018, are amended to read as follows: 6. Notice. (a) Where an order requiring surrender, revocation, suspen- sion, SEIZURE or ineligibility has been issued pursuant to this section, any temporary order of protection or order of protection issued shall state that such firearm license has been suspended or revoked or that the respondent is ineligible for such license, as the case may be, and S. 7505 28 A. 9505 that the defendant is prohibited from possessing any firearms, rifles or shotguns. (b) The court revoking or suspending the license, ordering the respondent ineligible for such license, or ordering the surrender OR SEIZURE of any firearm, rifles or shotguns shall immediately notify the statewide registry of orders of protection and the duly constituted police authorities of the locality of such action. (c) The court revoking or suspending the license or ordering the defendant ineligible for such license shall give written notice thereof without unnecessary delay to the division of state police at its office in the city of Albany. (d) Where an order of revocation, suspension, ineligibility, [or] surrender, OR SEIZURE is modified or vacated, the court shall immediate- ly notify the statewide registry of orders of protection and the duly constituted police authorities of the locality concerning such action and shall give written notice thereof without unnecessary delay to the division of state police at its office in the city of Albany. 7. Hearing. The respondent shall have the right to a hearing before the court regarding any revocation, suspension, ineligibility [or], surrender OR SEIZURE order issued pursuant to this section, provided that nothing in this subdivision shall preclude the court from issuing any such order prior to a hearing. Where the court has issued such an order prior to a hearing, it shall commence such hearing within fourteen days of the date such order was issued. § 12. This act shall take effect on the first of November next succeeding the date on which it shall have become a law. PART N Section 1. Subdivision 17 of section 265.00 of the penal law, as added by chapter 1041 of the laws of 1974, paragraph (a) as amended by chapter 264 of the laws of 2003, paragraph (b) as separately amended by sections 2 and 3 of chapter 232 of the laws of 2010, and paragraph (c) as added by chapter 60 of the laws of 2018, is amended to read as follows: 17. "Serious offense" means (a) [any of the following offenses defined in the former penal law as in force and effect immediately prior to September first, nineteen hundred sixty-seven: illegally using, carrying or possessing a pistol or other dangerous weapon; making or possessing burglar's instruments; buying or receiving stolen property; unlawful entry of a building; aiding escape from prison; that kind of disorderly conduct defined in subdivisions six and eight of section seven hundred twenty-two of such former penal law; violations of sections four hundred eighty-three, four hundred eighty-three-b, four hundred eighty-four-h and article one hundred six of such former penal law; that kind of crim- inal sexual act or rape which was designated as a misdemeanor; violation of section seventeen hundred forty-seven-d and seventeen hundred forty- seven-e of such former penal law; any violation of any provision of article thirty-three of the public health law relating to narcotic drugs which was defined as a misdemeanor by section seventeen hundred fifty- one-a of such former penal law, and any violation of any provision of article thirty-three-A of the public health law relating to depressant and stimulant drugs which was defined as a misdemeanor by section seven- teen hundred forty-seven-b of such former penal law. (b)] any of the following offenses defined in the CURRENT penal law AND ANY OFFENSE IN ANY JURISDICTION OR THE FORMER PENAL LAW THAT INCLUDES ALL OF THE ESSENTIAL ELEMENTS OF ANY OF THE FOLLOWING OFFENSES: S. 7505 29 A. 9505 illegally using, carrying or possessing a pistol or other dangerous weapon; possession of burglar's tools; criminal possession of stolen property in the third degree; escape in the third degree; jostling; fraudulent accosting; endangering the welfare of a child; [the offenses defined in article two hundred thirty-five;] OBSCENITY IN THE THIRD DEGREE; issuing abortional articles; permitting prostitution; promoting prostitution in the third degree; stalking in the fourth degree; stalk- ing in the third degree; [the offenses defined in article one hundred thirty; the offenses defined in article two hundred twenty] SEXUAL MISCONDUCT; FORCIBLE TOUCHING; SEXUAL ABUSE IN THE THIRD DEGREE; SEXUAL ABUSE IN THE SECOND DEGREE; CRIMINAL POSSESSION OF A CONTROLLED SUBSTANCE IN THE SEVENTH DEGREE; CRIMINALLY POSSESSING A HYPODERMIC INSTRUMENT; CRIMINALLY USING DRUG PARAPHERNALIA IN THE SECOND DEGREE; CRIMINAL POSSESSION OF METHAMPHETAMINE MANUFACTURING MATERIAL IN THE SECOND DEGREE. [(b) any of the following offenses defined in the penal law: illegally using, carrying or possessing a pistol or other dangerous weapon; possession of burglar's tools; criminal possession of stolen property in the third degree; escape in the third degree; jostling; fraudulent accosting; endangering the welfare of a child; the offenses defined in article two hundred thirty-five; issuing abortional articles; permitting prostitution; promoting prostitution in the third degree; stalking in the third degree; stalking in the fourth degree; the offenses defined in article one hundred thirty; the offenses defined in article two hundred twenty. (c)] (B) any of the following offenses DEFINED IN THE CURRENT PENAL LAW AND ANY OFFENSE IN ANY JURISDICTION OR IN THE FORMER PENAL LAW THAT INCLUDES ALL OF THE ESSENTIAL ELEMENTS OF ANY OF THE FOLLOWING OFFENSES, where the defendant and the person against whom the offense was commit- ted were members of the same family or household as defined in subdivi- sion one of section 530.11 of the criminal procedure law [and as estab- lished pursuant to section 370.15 of the criminal procedure law]: assault in the third degree; menacing in the third degree; menacing in the second degree; criminal obstruction of breathing or blood circu- lation; unlawful imprisonment in the second degree; coercion in the third degree; criminal tampering in the third degree; criminal contempt in the second degree; harassment in the first degree; aggravated harass- ment in the second degree; criminal trespass in the third degree; crimi- nal trespass in the second degree; arson in the fifth degree; or attempt to commit any of the above-listed offenses. (C) ANY MISDEMEANOR OFFENSE IN ANY JURISDICTION OR IN THE FORMER PENAL LAW THAT INCLUDES ALL OF THE ESSENTIAL ELEMENTS OF A FELONY OFFENSE AS DEFINED IN THE CURRENT PENAL LAW. § 2. Section 400.00 of the penal law is amended by adding a new subdi- vision 1-a to read as follows: 1-A. FOR PURPOSES OF SUBDIVISION ONE OF THIS SECTION, SERIOUS OFFENSE SHALL INCLUDE AN OFFENSE IN ANY JURISDICTION OR THE FORMER PENAL LAW THAT INCLUDES ALL OF THE ESSENTIAL ELEMENTS OF A SERIOUS OFFENSE AS DEFINED BY SUBDIVISION SEVENTEEN OF SECTION 265.00 OF THIS CHAPTER. NOTHING IN THIS SUBDIVISION SHALL PRECLUDE THE DENIAL OF A LICENSE BASED ON THE COMMISSION OF, ARREST FOR OR CONVICTION OF AN OFFENSE IN ANY OTHER JURISDICTION WHICH DOES NOT INCLUDE ALL OF THE ESSENTIAL ELEMENTS OF A SERIOUS OFFENSE. § 3. This act shall take effect on the first of November next succeed- ing the date upon which it shall have become a law. S. 7505 30 A. 9505 PART O Section 1. Subdivisions 4 and 5 of section 230 of the executive law, as added by chapter 189 of the laws of 2000, are amended and three new subdivisions 6, 7, and 8 are added to read as follows: 4. The superintendent of the division of state police shall establish and maintain within the division a criminal gun clearinghouse as a central repository of information regarding all guns seized, forfeited, found or otherwise coming into the possession of any state or local law enforcement agency which are believed to have been used in the commis- sion of a crime. The superintendent of the division of state police shall adopt and promulgate regulations prescribing reporting procedures for such state or local law enforcement agencies, including the form for reporting such information. In addition to any other information which the superintendent of the division of state police may require, the form shall require (a) the serial number or other identifying information on the gun, if available and (b) a brief description of the circumstances under which the gun came into the possession of the law enforcement agency, including the crime which was or may have been committed with the gun. WHENEVER A STATE OR LOCAL LAW ENFORCEMENT AGENCY SEIZES OR RECOVERS A GUN THAT WAS UNLAWFULLY POSSESSED, RECOVERED FROM A CRIME SCENE, OR IS REASONABLY BELIEVED TO HAVE BEEN USED IN OR ASSOCIATED WITH THE COMMISSION OF A CRIME, OR IS OTHERWISE RECOVERED AS AN ABANDONED OR DISCARDED GUN, THE AGENCY SHALL REPORT SUCH SEIZED OR RECOVERED GUN TO THE CRIMINAL GUN CLEARINGHOUSE AS SOON AS PRACTICABLE, BUT IN NO CASE MORE THAN TWENTY-FOUR HOURS AFTER THE AGENCY HAS TAKEN POSSESSION OF SUCH GUN. EVERY REPORT MADE TO THE CRIMINAL GUN CLEARINGHOUSE WILL RESULT IN THE PROMPT SUBMISSION OF A REQUEST TO THE NATIONAL TRACING CENTER OF THE BUREAU OF ALCOHOL, TOBACCO, FIREARMS AND EXPLOSIVES TO TRACE THE MOVEMENT OF THE SUBJECT GUN AND SUCH FEDERAL AGENCY WILL BE REQUESTED TO PROVIDE THE RESULTS OF SUCH A TRACE TO THE SUPERINTENDENT OF THE DIVISION OF STATE POLICE AND TO THE LAW ENFORCEMENT AGENCY THAT SUBMITTED THE CLEARINGHOUSE REPORT. 5. [In any case where a state or local law enforcement agency investi- gates the commission of a crime in this state and a specific gun is known to have been used in such crime, such agency shall submit a request to the national tracing center of the United States Department of Treasury, bureau of alcohol, tobacco and firearms to trace the move- ment of such gun and such federal agency shall be requested to provide the superintendent of the division of state police and the local law enforcement agency with the results of such a trace. This subdivision shall not apply where the source of a gun is already known to a local law enforcement agency.] ALL STATE AND LOCAL LAW ENFORCEMENT AGENCIES SHALL PARTICIPATE IN THE BUREAU OF ALCOHOL, TOBACCO, FIREARMS AND EXPLOSIVES COLLECTIVE DATA SHARING PROGRAM FOR THE PURPOSE OF SHARING GUN TRACE REPORTS AMONG ALL LAW ENFORCEMENT AGENCIES IN THE STATE ON A RECIPROCAL BASIS. 6. (A) WHENEVER A STATE OR LOCAL LAW ENFORCEMENT AGENCY SEIZES OR RECOVERS A GUN THAT WAS UNLAWFULLY POSSESSED, RECOVERED FROM THE SCENE OF A CRIME, OR IS REASONABLY BELIEVED TO HAVE BEEN USED OR ASSOCIATED WITH THE COMMISSION OF A CRIME, OR IS RECOVERED BY THE AGENCY AS AN ABANDONED OR DISCARDED GUN, THE AGENCY SHALL ARRANGE FOR EVERY SUCH GUN THAT IS DETERMINED TO BE SUITABLE FOR TEST-FIRING AND OF A TYPE THAT IS ELIGIBLE FOR NATIONAL INTEGRATED BALLISTIC INFORMATION NETWORK DATA ENTRY AND CORRELATION TO BE TEST-FIRED AS SOON AS PRACTICABLE, AND THE RESULTS OF THAT TEST-FIRING SHALL BE SUBMITTED FORTHWITH TO THE NATIONAL S. 7505 31 A. 9505 INTEGRATED BALLISTIC INFORMATION NETWORK TO DETERMINE WHETHER THE GUN IS ASSOCIATED OR RELATED TO A CRIME, CRIMINAL EVENT, OR ANY INDIVIDUAL ASSOCIATED OR RELATED TO A CRIME OR CRIMINAL EVENT OR REASONABLY BELIEVED TO BE ASSOCIATED OR RELATED TO A CRIME OR CRIMINAL EVENT. (B) WHENEVER A STATE OR LOCAL LAW ENFORCEMENT AGENCY RECOVERS ANY AMMUNITION CARTRIDGE CASE THAT IS OF A TYPE THAT IS ELIGIBLE FOR NATIONAL INTEGRATED BALLISTIC INFORMATION NETWORK DATA ENTRY AND CORRE- LATION AT A CRIME SCENE, OR HAS REASON TO BELIEVE THAT SUCH RECOVERED AMMUNITION CARTRIDGE CASE IS RELATED TO OR ASSOCIATED WITH THE COMMIS- SION OF A CRIME OR THE UNLAWFUL DISCHARGE OF A GUN, THE AGENCY SHALL, AS SOON AS PRACTICABLE, ARRANGE FOR THE BALLISTICS INFORMATION TO BE SUBMITTED TO THE NATIONAL INTEGRATED BALLISTIC INFORMATION NETWORK. 7. WHENEVER A STATE OR LOCAL LAW ENFORCEMENT AGENCY SEIZES OR RECOVERS ANY GUN, THE AGENCY SHALL PROMPTLY ENTER THE MAKE, MODEL, CALIBER, AND SERIAL NUMBER OF THE GUN INTO THE NATIONAL CRIME INFORMATION CENTER (NCIC) SYSTEM TO DETERMINE WHETHER THE GUN WAS REPORTED STOLEN. 8. THE SUPERINTENDENT MAY ADOPT RULES AND REGULATIONS TO EFFECTUATE THE PROVISIONS OF THIS SECTION. § 2. This act shall take effect on the one hundred eightieth day after it shall have become a law. PART P Section 1. Paragraph 13 of subdivision (c) of section 33.13 of the mental hygiene law, as amended by chapter 491 of the laws of 2008, subparagraph (ii) as amended by chapter 37 of the laws of 2011, is amended to read as follows: 13. to the state division of criminal justice services for the sole purposes of: (i) providing, facilitating, evaluating or auditing access by the commissioner of mental health to criminal history information pursuant to subdivision (i) of section 7.09 of this chapter; or (ii) providing information to the criminal justice information services division of the federal bureau of investigation by the commis- sioner of mental health or the commissioner of developmental disabili- ties, for the purposes of responding to queries to the national instant criminal background check system regarding attempts to purchase or otherwise take possession of firearms, in accordance with applicable federal laws or regulations[.]; OR (III) PROVIDING INFORMATION TO LAW ENFORCEMENT ENTITIES IN STATES OTHER THAN NEW YORK FOR THE SOLE PURPOSE OF DETERMINING ELIGIBILITY TO PURCHASE, POSSESS, OR CARRY A FIREARM, PROVIDED THAT THE LAW ENFORCEMENT ENTITY OBTAINS AND PROVIDES A CONFIDENTIALITY WAIVER TO THE DIVISION OF CRIMINAL JUSTICE SERVICES, WHERE LEGALLY NECESSARY. § 2. Paragraph 15 of subdivision (c) of section 33.13 of the mental hygiene law, as added by chapter 1 of the laws of 2013, is amended to read as follows: 15. to the division of criminal justice services, names and other non-clinical identifying information for the sole [purpose] PURPOSES of: (I) implementing the division's responsibilities and duties under sections 400.00 and 400.02 of the penal law[.]; OR (II) PROVIDING INFORMATION TO LAW ENFORCEMENT ENTITIES IN STATES OTHER THAN NEW YORK FOR THE SOLE PURPOSE OF DETERMINING ELIGIBILITY TO PURCHASE, POSSESS, OR CARRY A FIREARM, PROVIDED THAT THE LAW ENFORCEMENT ENTITY OBTAINS AND PROVIDES A CONFIDENTIALITY WAIVER TO THE DIVISION OF CRIMINAL JUSTICE SERVICES, WHERE LEGALLY NECESSARY. S. 7505 32 A. 9505 § 3. This act shall take effect immediately. PART Q Section 1. The penal law is amended by adding a new section 120.65 to read as follows: § 120.65 DOMESTIC VIOLENCE. A PERSON IS GUILTY OF DOMESTIC VIOLENCE WHEN HE OR SHE: 1. COMMITS A SERIOUS OFFENSE AS DEFINED IN PARAGRAPH (C) OF SUBDIVI- SION SEVENTEEN OF SECTION 265.00 OF THIS CHAPTER AND THE PERSON AGAINST WHOM THE OFFENSE IS COMMITTED IS A MEMBER OF THE SAME FAMILY OR HOUSE- HOLD AS DEFINED IN SUBDIVISION ONE OF SECTION 530.11 OF THE CRIMINAL PROCEDURE LAW; OR 2. COMMITS THE CRIME OF ASSAULT IN THE THIRD DEGREE AS DEFINED IN SUBDIVISIONS ONE AND TWO OF SECTION 120.00 OF THIS ARTICLE, OR CRIMINAL OBSTRUCTION OF BREATHING OR BLOOD CIRCULATION AS DEFINED IN SECTION 121.11 OF THIS TITLE, FORCIBLE TOUCHING AS DEFINED IN SECTION 130.52 OF THIS TITLE, OR SEXUAL ABUSE IN THE SECOND DEGREE AS DEFINED IN SECTION 130.60 OF THIS TITLE, OR SEXUAL ABUSE IN THE THIRD DEGREE AS DEFINED IN SECTION 130.55 OF THIS TITLE, OR UNLAWFUL IMPRISONMENT IN THE SECOND DEGREE AS DEFINED IN SECTION 135.05 OF THIS TITLE AND THE PERSON AGAINST WHOM THE OFFENSE IS COMMITTED IS A CURRENT OR FORMER SPOUSE, PARENT, OR GUARDIAN OF THE VICTIM, A PERSON WITH WHOM THE VICTIM SHARES A CHILD IN COMMON, A PERSON WHO IS COHABITING WITH OR HAS COHABITED WITH THE VICTIM AS A SPOUSE, PARENT, OR GUARDIAN, OR A PERSON SIMILARLY SITUATED TO A SPOUSE, PARENT, OR GUARDIAN OF THE VICTIM. DOMESTIC VIOLENCE IS A CLASS A MISDEMEANOR. § 2. Paragraph (c) of subdivision 17 of section 265.00 of the penal law, as added by chapter 60 of the laws of 2018, is amended to read as follows: (c) any of the following offenses, where the defendant and the person against whom the offense was committed were members of the same family or household as defined in subdivision one of section 530.11 of the criminal procedure law [and as established pursuant to section 370.15 of the criminal procedure law]: assault in the third degree; menacing in the third degree; menacing in the second degree; criminal obstruction of breathing or blood circulation; unlawful imprisonment in the second degree; coercion in the third degree; criminal tampering in the third degree; criminal contempt in the second degree; harassment in the first degree; aggravated harassment in the second degree; criminal trespass in the third degree; criminal trespass in the second degree; arson in the fifth degree; or attempt to commit any of the above-listed offenses. § 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 R Section 1. Short title. This act shall be known and may be cited as the "New York Hate Crime Anti-Terrorism Act". § 2. The opening paragraph of section 485.00 of the penal law, as amended by chapter 8 of the laws of 2019, is amended to read as follows: The legislature finds and determines as follows: criminal acts involv- ing violence, intimidation and destruction of property based upon bias and prejudice have become more prevalent in New York state in recent years. The intolerable truth is that in these crimes, commonly and justly referred to as "hate crimes", victims are intentionally selected, S. 7505 33 A. 9505 in whole or in part, because of their race, color, national origin, ancestry, gender, gender identity or expression, religion, religious practice, age, disability or sexual orientation. Hate crimes do more than threaten the safety and welfare of all citizens. They inflict on victims incalculable physical and emotional damage and tear at the very fabric of free society. Crimes motivated by invidious hatred toward particular groups not only harm individual victims but send a powerful message of intolerance and discrimination to all members of the group to which the victim belongs. Hate crimes can and do intimidate and disrupt entire communities and vitiate the civility that is essential to healthy democratic processes. In a democratic society, citizens cannot be required to approve of the beliefs and practices of others, but must never commit criminal acts on account of them. [Current law] HOWEVER, THESE CRIMINAL ACTS DO OCCUR AND ARE OCCURRING MORE AND MORE FREQUENTLY. QUITE OFTEN, THESE CRIMES OF HATE ARE ALSO ACTS OF TERROR. THE RECENT ATTACKS IN MONSEY, NEW YORK AS WELL AS THE SHOOTINGS IN EL PASO, TEXAS; PITTSBURGH, PENNSYLVANIA; SUTHERLAND SPRINGS, TEXAS; ORLANDO, FLORIDA; AND CHARLESTON, SOUTH CAROLINA ILLUSTRATE THAT MASS KILLINGS ARE OFTEN APOLITICAL, MOTIVATED BY THE HATRED OF A SPECIFIC GROUP COUPLED WITH A DESIRE TO INFLICT MASS CASUALTIES. THE CURRENT LAW EMPHASIZES THE POLI- TICAL MOTIVATION OF AN ACT OVER ITS CATASTROPHIC EFFECT AND does not adequately recognize the harm to public order and individual safety that hate crimes cause. Therefore, our laws must be strengthened to provide clear recognition of the gravity of hate crimes and the compelling importance of preventing their recurrence. § 3. Subdivision 3 of section 485.05 of the penal law, as amended by section 9 of part NN of chapter 55 of the laws of 2018, is amended to read as follows: 3. A "specified offense" is an offense defined by any of the following provisions of this chapter: section 120.00 (assault in the third degree); section 120.05 (assault in the second degree); section 120.10 (assault in the first degree); section 120.12 (aggravated assault upon a person less than eleven years old); section 120.13 (menacing in the first degree); section 120.14 (menacing in the second degree); section 120.15 (menacing in the third degree); section 120.20 (reckless endan- germent in the second degree); section 120.25 (reckless endangerment in the first degree); section 121.12 (strangulation in the second degree); section 121.13 (strangulation in the first degree); subdivision one of section 125.15 (manslaughter in the second degree); subdivision one, two or four of section 125.20 (manslaughter in the first degree); section 125.25 (murder in the second degree); section 120.45 (stalking in the fourth degree); section 120.50 (stalking in the third degree); section 120.55 (stalking in the second degree); section 120.60 (stalking in the first degree); subdivision one of section 130.35 (rape in the first degree); subdivision one of section 130.50 (criminal sexual act in the first degree); subdivision one of section 130.65 (sexual abuse in the first degree); paragraph (a) of subdivision one of section 130.67 (aggravated sexual abuse in the second degree); paragraph (a) of subdi- vision one of section 130.70 (aggravated sexual abuse in the first degree); section 135.05 (unlawful imprisonment in the second degree); section 135.10 (unlawful imprisonment in the first degree); section 135.20 (kidnapping in the second degree); section 135.25 (kidnapping in the first degree); section 135.60 (coercion in the third degree); section 135.61 (coercion in the second degree); section 135.65 (coercion in the first degree); section 140.10 (criminal trespass in the third degree); section 140.15 (criminal trespass in the second degree); S. 7505 34 A. 9505 section 140.17 (criminal trespass in the first degree); section 140.20 (burglary in the third degree); section 140.25 (burglary in the second degree); section 140.30 (burglary in the first degree); section 145.00 (criminal mischief in the fourth degree); section 145.05 (criminal mischief in the third degree); section 145.10 (criminal mischief in the second degree); section 145.12 (criminal mischief in the first degree); section 150.05 (arson in the fourth degree); section 150.10 (arson in the third degree); section 150.15 (arson in the second degree); section 150.20 (arson in the first degree); section 155.25 (petit larceny); section 155.30 (grand larceny in the fourth degree); section 155.35 (grand larceny in the third degree); section 155.40 (grand larceny in the second degree); section 155.42 (grand larceny in the first degree); section 160.05 (robbery in the third degree); section 160.10 (robbery in the second degree); section 160.15 (robbery in the first degree); section 240.25 (harassment in the first degree); subdivision one, two or four of section 240.30 (aggravated harassment in the second degree); SECTION 490.10 (SOLICITING OR PROVIDING SUPPORT FOR AN ACT OF TERRORISM IN THE SECOND DEGREE); SECTION 490.15 (SOLICITING OR PROVIDING SUPPORT FOR AN ACT OF TERRORISM IN THE FIRST DEGREE); SECTION 490.20 (MAKING A TERRORISTIC THREAT); SECTION 490.25 (CRIME OF TERRORISM); SECTION 490.30 (HINDERING PROSECUTION OF TERRORISM IN THE SECOND DEGREE); SECTION 490.35 (HINDERING PROSECUTION OF TERRORISM IN THE FIRST DEGREE); SECTION 490.37 (CRIMINAL POSSESSION OF A CHEMICAL WEAPON OR BIOLOGICAL WEAPON IN THE THIRD DEGREE); SECTION 490.40 (CRIMINAL POSSESSION OF A CHEMICAL WEAPON OR BIOLOGICAL WEAPON IN THE SECOND DEGREE); SECTION 490.45 (CRIM- INAL POSSESSION OF A CHEMICAL WEAPON OR BIOLOGICAL WEAPON IN THE FIRST DEGREE); SECTION 490.47 (CRIMINAL USE OF A CHEMICAL WEAPON OR BIOLOGICAL WEAPON IN THE THIRD DEGREE); SECTION 490.50 (CRIMINAL USE OF A CHEMICAL WEAPON OR BIOLOGICAL WEAPON IN THE SECOND DEGREE); SECTION 490.55 (CRIM- INAL USE OF A CHEMICAL WEAPON OR BIOLOGICAL WEAPON IN THE FIRST DEGREE); or any attempt or conspiracy to commit any of the foregoing offenses. § 4. The penal law is amended by adding two new sections 490.27 and 490.28 to read as follows: § 490.27 DOMESTIC ACT OF TERRORISM MOTIVATED BY HATE IN THE SECOND DEGREE. A PERSON IS GUILTY OF THE CRIME OF DOMESTIC ACT OF TERRORISM MOTIVATED BY HATE IN THE SECOND DEGREE WHEN, ACTING WITH THE INTENT TO CAUSE THE DEATH OF, OR SERIOUS PHYSICAL INJURY TO, FIVE OR MORE OTHER PERSONS, IN WHOLE OR IN SUBSTANTIAL PART BECAUSE OF THE PERCEIVED RACE, COLOR, NATIONAL ORIGIN, ANCESTRY, GENDER, GENDER IDENTITY OR EXPRESSION, RELI- GION, RELIGIOUS PRACTICE, AGE, DISABILITY, OR SEXUAL ORIENTATION OF SUCH OTHER PERSONS, REGARDLESS OF WHETHER THAT BELIEF OR PERCEPTION IS CORRECT, HE OR SHE, AS PART OF THE SAME CRIMINAL TRANSACTION, ATTEMPTS TO CAUSE THE DEATH OF, OR SERIOUS PHYSICAL INJURY TO, SUCH FIVE OR MORE PERSONS, PROVIDED THAT THE VICTIMS ARE NOT PARTICIPANTS IN THE CRIMINAL TRANSACTION. DOMESTIC ACT OF TERRORISM MOTIVATED BY HATE IN THE SECOND DEGREE IS A CLASS A-I FELONY. § 490.28 DOMESTIC ACT OF TERRORISM MOTIVATED BY HATE IN THE FIRST DEGREE. A PERSON IS GUILTY OF THE CRIME OF DOMESTIC ACT OF TERRORISM MOTIVATED BY HATE IN THE FIRST DEGREE WHEN, ACTING WITH THE INTENT TO CAUSE THE DEATH OF, OR SERIOUS PHYSICAL INJURY TO, FIVE OR MORE OTHER PERSONS, IN WHOLE OR IN SUBSTANTIAL PART BECAUSE OF THE PERCEIVED RACE, COLOR, NATIONAL ORIGIN, ANCESTRY, GENDER, GENDER IDENTITY OR EXPRESSION, RELI- GION, RELIGIOUS PRACTICE, AGE, DISABILITY, OR SEXUAL ORIENTATION OF SUCH S. 7505 35 A. 9505 OTHER PERSON OR PERSONS, REGARDLESS OF WHETHER THAT BELIEF OR PERCEPTION IS CORRECT, HE OR SHE, AS PART OF THE SAME CRIMINAL TRANSACTION: 1. CAUSES THE DEATH OF AT LEAST ONE OTHER PERSON, PROVIDED THAT THE VICTIM OR VICTIMS ARE NOT A PARTICIPANT IN THE CRIMINAL TRANSACTION; AND 2. CAUSES OR ATTEMPTS TO CAUSE THE DEATH OF FOUR OR MORE ADDITIONAL OTHER PERSONS, PROVIDED THAT THE VICTIMS ARE NOT A PARTICIPANT IN THE CRIMINAL TRANSACTION; AND 3. THE DEFENDANT WAS MORE THAN EIGHTEEN YEARS OLD AT THE TIME OF THE COMMISSION OF THE CRIME. DOMESTIC ACT OF TERRORISM MOTIVATED BY HATE IN THE FIRST DEGREE IS A CLASS A-I FELONY. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, WHEN A PERSON IS CONVICTED OF DOMESTIC ACT OF TERRORISM MOTIVATED BY HATE IN THE FIRST DEGREE, THE SENTENCE SHALL BE LIFE IMPRISONMENT WITHOUT PAROLE. § 5. Paragraph (q) of subdivision 8 of section 700.05 of the criminal procedure law, as amended by section 3 of part A of chapter 1 of the laws of 2004, is amended to read as follows: (q) Soliciting or providing support for an act of terrorism in the second degree as defined in section 490.10 of the penal law, soliciting or providing support for an act of terrorism in the first degree as defined in section 490.15 of the penal law, making a terroristic threat as defined in section 490.20 of the penal law, crime of terrorism as defined in section 490.25 of the penal law, DOMESTIC ACT OF TERRORISM MOTIVATED BY HATE IN THE SECOND DEGREE AS DEFINED IN SECTION 490.27 OF THE PENAL LAW, DOMESTIC ACT OF TERRORISM MOTIVATED BY HATE IN THE FIRST DEGREE AS DEFINED IN SECTION 490.28 OF THE PENAL LAW, hindering prose- cution of terrorism in the second degree as defined in section 490.30 of the penal law, hindering prosecution of terrorism in the first degree as defined in section 490.35 of the penal law, criminal possession of a chemical weapon or biological weapon in the third degree as defined in section 490.37 of the penal law, criminal possession of a chemical weap- on or biological weapon in the second degree as defined in section 490.40 of the penal law, criminal possession of a chemical weapon or biological weapon in the first degree as defined in section 490.45 of the penal law, criminal use of a chemical weapon or biological weapon in the third degree as defined in section 490.47 of the penal law, criminal use of a chemical weapon or biological weapon in the second degree as defined in section 490.50 of the penal law, and criminal use of a chemi- cal weapon or biological weapon in the first degree as defined in section 490.55 of the penal law. § 6. Domestic terrorism task force. (a) There is hereby created the domestic terrorism task force to examine, evaluate and determine how to prevent mass shootings by domestic terrorists, consisting of nine members, each to serve until two years after the effective date of this act. (b) (1) Such members shall be appointed as follows: one member shall be the commissioner of the division of criminal justice services; one member shall be the superintendent of state police; three members shall be appointed by the governor; one member shall be appointed by the temporary president of the senate; one member shall be appointed by the minority leader of the senate; one member shall be appointed by the speaker of the assembly; and one member shall be appointed by the minor- ity leader of the assembly. Appointments shall be made within sixty days of the effective date of this act. Vacancies in the task force shall be filled in the same manner provided for original appointments. S. 7505 36 A. 9505 (2) All appointees shall have expertise in fields or disciplines related to criminal justice or violence prevention. (3) The task force shall be chaired by the commissioner of the divi- sion of criminal justice services. The task force shall elect a vice- chair by majority vote and other necessary officers from among all appointed members. (4) The task force shall meet at least quarterly at the call of the chair. Meetings may be held via teleconference. Special meetings may be called by the chair at the request of a majority of the members of the task force. (5) Members of the task force shall receive no compensation for their services but shall be reimbursed for their actual expenses incurred in the performance of their duties in the work of the task force. (c) The task force shall: (1) study mass shooting incidents; (2) recommend practices to identify potential mass shooters and prevent mass shooting incidents; and (3) recommend practices to provide for the security of locations like- ly to be targeted by a mass shooter. (d) The task force may establish advisory committees as it deems appropriate on matters relating to the task force's functions, powers and duties. Such committees shall be chaired by a task force member, but may be composed of task force members as well as other individuals selected by the task force to provide expertise of interest specific to the charge of such committees. (e) The task force may, as it deems appropriate, request that studies, surveys and analyses relating to the task force's powers and duties be performed by any state department, commission, agency or public authori- ty. All state departments, commissions, agencies or public authorities shall provide information and advice in a timely manner and otherwise assist the task force with its work; provided however, any information or records otherwise confidential and privileged in accordance with state or federal law that are provided to the task force pursuant to this subdivision shall remain confidential as provided by such state or federal law. (f) The task force shall provide a preliminary report to the governor and the legislature of its findings, conclusions, recommendations and activities already undertaken by the task force, not later than thirteen months after the effective date of this act, and a final report of its findings, conclusions, recommendations and activities already undertaken by the task force, not later than twenty-two months after the effective date of this act and shall submit with its reports legislative proposals as it deems necessary to implement its recommendations. § 7. This act shall take effect on the first of November next succeed- ing the date on which it shall have become a law. PART S Section 1. Section 167-a of the civil service law, as amended by section 1 of part I of chapter 55 of the laws of 2012, is amended to read as follows: § 167-a. Reimbursement for medicare premium charges. Upon exclusion from the coverage of the health benefit plan of supplementary medical insurance benefits for which an active or retired employee or a depend- ent covered by the health benefit plan is or would be eligible under the federal old-age, survivors and disability insurance program, an amount S. 7505 37 A. 9505 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 TWENTY-ONE THERE SHALL BE NO PAYMENT WHATSOEVER FOR THE INCOME RELATED MONTHLY ADJUSTMENT AMOUNT FOR AMOUNTS (PREMIUMS) INCURRED ON OR AFTER JANUARY FIRST, TWO THOUSAND TWENTY TO ANY ACTIVE OR RETIRED EMPLOYEE AND HIS OR HER DEPEN- DENTS, 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 receiv- ing a retirement allowance, such STANDARD MEDICARE PREMIUM amount may be included with payments of his or her retirement allowance. All state employer, employee, retired employee and dependent contributions to the health insurance fund, including contributions from public authorities, public benefit corporations or other quasi-public organizations of the state eligible for participation in the health benefit plan as author- ized by subdivision two of section one hundred sixty-three of this arti- cle, shall be adjusted as necessary to cover the cost of reimbursing federal old-age, survivors and disability insurance program premium charges under this section. This cost shall be included in the calcu- lation of premium or subscription charges for health coverage provided to employees and retired employees of the state, public authorities, public benefit corporations or other quasi-public organizations of the state; provided, however, the state, public authorities, public benefit corporations or other quasi-public organizations of the state shall remain obligated to pay no less than its share of such increased cost consistent with its share of premium or subscription charges provided for by this article. All other employer contributions to the health insurance fund shall be adjusted as necessary to provide for such payments. § 2. This act shall take effect immediately and shall apply on January 1, 2020 for the income related monthly adjustment amount for amounts, premiums, incurred on or after January 1, 2020. PART T 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. PROVIDED HOWEVER, THAT THIS SECTION SHALL NOT APPLY TO ANY PROVISION OF THE TAX LAW WHICH PROVIDES FOR THE ANNUAL RATE OF INTEREST TO BE PAID ON A JUDGMENT OR ACCRUED CLAIM. § 2. Section 16 of the state finance law, as amended by chapter 681 of the laws of 1982, is amended to read as follows: S. 7505 38 A. 9505 § 16. Rate of interest on judgments and accrued claims against the state. The rate of interest to be paid by the state upon any judgment or accrued claim against the state shall [not exceed nine per centum per annum] BE CALCULATED AT THE ONE-YEAR UNITED STATES TREASURY BILL RATE. FOR THE PURPOSES OF THIS SECTION, THE "ONE-YEAR UNITED STATES TREASURY BILL RATE" MEANS THE WEEKLY AVERAGE ONE-YEAR CONSTANT MATURITY TREASURY YIELD, AS PUBLISHED BY THE BOARD OF GOVERNORS OF THE FEDERAL RESERVE SYSTEM, FOR THE CALENDAR WEEK PRECEDING THE DATE OF THE ENTRY OF THE JUDGMENT AWARDING DAMAGES. PROVIDED HOWEVER, THAT THIS SECTION SHALL NOT APPLY TO ANY PROVISION OF THE TAX LAW WHICH PROVIDES FOR THE ANNUAL RATE OF INTEREST TO BE PAID ON A JUDGMENT OR ACCRUED CLAIM. § 3. This act shall take effect immediately, and shall be deemed to have been in full force and effect on and after April 1, 2020. PART U 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 FORTY-FOUR DOLLARS AND SIXTY CENTS 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, employee, retired employee and dependent contributions to the health insurance fund, including contributions from public authorities, public benefit corporations or other quasi-public organizations of the state eligible for participation in the health benefit plan as author- ized by subdivision two of section one hundred sixty-three of this arti- cle, shall be adjusted as necessary to cover the cost of reimbursing federal old-age, survivors and disability insurance program premium charges under this section. This cost shall be included in the calcu- lation of premium or subscription charges for health coverage provided to employees and retired employees of the state, public authorities, public benefit corporations or other quasi-public organizations of the state; provided, however, the state, public authorities, public benefit corporations or other quasi-public organizations of the state shall remain obligated to pay no less than its share of such increased cost consistent with its share of premium or subscription charges provided for by this article. All other employer contributions to the health insurance fund shall be adjusted as necessary to provide for such payments. § 2. This act shall take effect immediately and shall apply to the standard medicare premium amount on and after April 1, 2020. PART V S. 7505 39 A. 9505 Section 1. Section 167 of the civil service law is amended by adding a new subdivision 10 to read as follows: 10. NOTWITHSTANDING ANY INCONSISTENT PROVISION OF LAW, THE STATE'S CONTRIBUTION FOR THE COST OF PREMIUM OR SUBSCRIPTION CHARGES FOR THE COVERAGE OF RETIRED STATE EMPLOYEES WHO ARE ENROLLED IN THE STATEWIDE AND THE SUPPLEMENTARY HEALTH BENEFIT PLANS ESTABLISHED PURSUANT TO THIS ARTICLE AND WHO ARE HIRED ON OR AFTER OCTOBER FIRST, TWO THOUSAND TWENTY SHALL BE AS SET FORTH IN THIS SUBDIVISION. (A) FOR STATE EMPLOYEES WHO RETIRE FROM A POSITION AT OR EQUATED TO GRADE TEN OR HIGHER WITH AT LEAST TEN BUT LESS THAN TWENTY YEARS OF SERVICE, THE STATE SHALL PAY FIFTY PERCENT OF THE COST OF PREMIUM OR SUBSCRIPTION CHARGES FOR THE INDIVIDUAL COVERAGE OF SUCH RETIRED STATE EMPLOYEES. SUCH CONTRIBUTIONS SHALL INCREASE BY TWO PERCENT OF THE COST OF PREMIUM OR SUBSCRIPTION CHARGES FOR EACH YEAR OF SERVICE IN EXCESS OF TEN YEARS, TO A MAXIMUM OF SIXTY-EIGHT PERCENT OF THE COST OF PREMIUM OR SUBSCRIPTION CHARGES. FOR STATE EMPLOYEES WHO RETIRE FROM A POSITION AT OR EQUATED TO GRADE TEN OR HIGHER WITH TWENTY OR MORE YEARS OF SERVICE, THE STATE SHALL PAY SEVENTY-FOUR PERCENT OF THE COST OF PREMIUM OR SUBSCRIPTION CHARGES FOR THE INDIVIDUAL COVERAGE OF SUCH RETIRED STATE EMPLOYEES. SUCH CONTRIBUTIONS SHALL INCREASE BY ONE PERCENT OF THE COST OF PREMIUM OR SUBSCRIPTION CHARGES FOR EACH YEAR OF SERVICE IN EXCESS OF TWENTY YEARS, TO A MAXIMUM OF EIGHTY-FOUR PERCENT OF THE COST OF PREMIUM OR SUBSCRIPTION CHARGES. (B) FOR STATE EMPLOYEES WHO RETIRE FROM A POSITION AT OR EQUATED TO GRADE NINE OR LOWER WITH AT LEAST TEN BUT LESS THAN TWENTY YEARS OF SERVICE, THE STATE SHALL PAY FIFTY-FOUR PERCENT OF THE COST OF PREMIUM OR SUBSCRIPTION CHARGES FOR THE INDIVIDUAL COVERAGE OF SUCH RETIRED STATE EMPLOYEES. SUCH CONTRIBUTIONS SHALL INCREASE BY TWO PERCENT OF THE COST OF PREMIUM OR SUBSCRIPTION CHARGES FOR EACH YEAR OF SERVICE IN EXCESS OF TEN YEARS, TO A MAXIMUM OF SEVENTY-TWO PERCENT OF THE COST OF PREMIUM OR SUBSCRIPTION CHARGES. FOR STATE EMPLOYEES WHO RETIRE FROM A POSITION AT OR EQUATED TO GRADE NINE OR LOWER WITH TWENTY OR MORE YEARS OF SERVICE, THE STATE SHALL PAY SEVENTY-EIGHT PERCENT OF THE COST OF PREMIUM OR SUBSCRIPTION CHARGES FOR THE INDIVIDUAL COVERAGE OF SUCH RETIRED STATE EMPLOYEES. SUCH CONTRIBUTIONS SHALL INCREASE BY ONE PERCENT OF THE COST OF PREMIUM OR SUBSCRIPTION CHARGES FOR EACH YEAR OF SERVICE IN EXCESS OF TWENTY YEARS, TO A MAXIMUM OF EIGHTY-EIGHT PERCENT OF THE COST OF PREMIUM OR SUBSCRIPTION CHARGES. (C) FOR STATE EMPLOYEES WHO RETIRE FROM A POSITION AT OR EQUATED TO GRADE TEN OR HIGHER WITH AT LEAST TEN BUT LESS THAN TWENTY YEARS OF SERVICE, THE STATE SHALL PAY THIRTY-FIVE PERCENT OF THE COST OF PREMIUM OR SUBSCRIPTION CHARGES FOR THE COVERAGE OF DEPENDENTS OF SUCH RETIRED STATE EMPLOYEES; SUCH CONTRIBUTION SHALL INCREASE BY TWO PERCENT OF THE COST OF PREMIUM OR SUBSCRIPTION CHARGES FOR EACH YEAR OF SERVICE IN EXCESS OF TEN YEARS, TO A MAXIMUM OF FIFTY-THREE PERCENT OF THE COST OF PREMIUM OR SUBSCRIPTION CHARGES FOR SUCH DEPENDENTS. FOR STATE EMPLOYEES WHO RETIRE FROM A POSITION AT OR EQUATED TO GRADE TEN OR HIGHER WITH TWENTY OR MORE YEARS OF SERVICE, THE STATE SHALL PAY FIFTY-NINE PERCENT OF THE COST OF PREMIUM OR SUBSCRIPTION CHARGES FOR THE COVERAGE OF DEPENDENTS OF SUCH RETIRED STATE EMPLOYEES; SUCH CONTRIBUTION SHALL INCREASE BY ONE PERCENT OF THE COST OF PREMIUM OR SUBSCRIPTION CHARGES FOR EACH YEAR OF SERVICE IN EXCESS OF TWENTY YEARS, TO A MAXIMUM OF SIXTY-NINE PERCENT OF THE COST OF PREMIUM OR SUBSCRIPTION CHARGES FOR SUCH DEPENDENTS. (D) FOR STATE EMPLOYEES WHO RETIRE FROM A POSITION AT OR EQUATED TO GRADE NINE OR LOWER WITH AT LEAST TEN BUT LESS THAN TWENTY YEARS OF S. 7505 40 A. 9505 SERVICE, THE STATE SHALL PAY THIRTY-NINE PERCENT OF THE COST OF PREMIUM OR SUBSCRIPTION CHARGES FOR THE COVERAGE OF DEPENDENTS OF SUCH RETIRED STATE EMPLOYEES; SUCH CONTRIBUTION SHALL INCREASE BY TWO PERCENT OF THE COST OF PREMIUM OR SUBSCRIPTION CHARGES FOR EACH YEAR OF SERVICE IN EXCESS OF TEN YEARS, TO A MAXIMUM OF FIFTY-SEVEN PERCENT OF THE COST OF PREMIUM OR SUBSCRIPTION CHARGES FOR SUCH DEPENDENTS. FOR STATE EMPLOYEES WHO RETIRE FROM A POSITION AT OR EQUATED TO GRADE NINE OR LOWER WITH TWENTY OR MORE YEARS OF SERVICE, THE STATE SHALL PAY SIXTY-THREE PERCENT OF THE COST OF PREMIUM OR SUBSCRIPTION CHARGES FOR THE COVERAGE OF DEPENDENTS OF SUCH RETIRED STATE EMPLOYEES; SUCH CONTRIBUTION SHALL INCREASE BY ONE PERCENT OF THE COST OF PREMIUM OR SUBSCRIPTION CHARGES FOR EACH YEAR OF SERVICE IN EXCESS OF TWENTY YEARS, TO A MAXIMUM OF SEVENTY-THREE PERCENT OF THE COST OF PREMIUM OR SUBSCRIPTION CHARGES FOR SUCH DEPENDENTS. (E) WITH RESPECT TO ALL SUCH RETIRED STATE EMPLOYEES, EACH INCREMENT OF ONE OR TWO PERCENT OF THE COST OF PREMIUM OR SUBSCRIPTION CHARGES FOR EACH YEAR OF SERVICE SHALL BE APPLICABLE FOR WHOLE YEARS OF SERVICE TO THE STATE AND SHALL NOT BE APPLIED ON A PRO-RATA BASIS FOR PARTIAL YEARS OF SERVICE. (F) THE PROVISIONS OF THIS SUBDIVISION SHALL NOT BE APPLICABLE TO: (1) MEMBERS OF THE NEW YORK STATE AND LOCAL POLICE AND FIRE RETIREMENT SYSTEM; (2) MEMBERS IN THE UNIFORMED PERSONNEL IN INSTITUTIONS UNDER THE JURISDICTION OF THE STATE DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPER- VISION OR WHO ARE SECURITY HOSPITAL TREATMENT ASSISTANTS, AS DEFINED IN SECTION EIGHTY-NINE OF THE RETIREMENT AND SOCIAL SECURITY LAW; AND (3) ANY STATE EMPLOYEE DETERMINED TO HAVE RETIRED WITH AN ORDINARY, ACCIDENTAL, OR PERFORMANCE OF DUTY DISABILITY RETIREMENT BENEFIT. (G) FOR THE PURPOSES OF DETERMINING THE COST OF PREMIUM OR SUBSCRIPTION CHARGES TO BE PAID BY THE STATE ON BEHALF OF RETIRED STATE EMPLOYEES ENROLLED IN THE NEW YORK STATE HEALTH INSURANCE PROGRAM WHO ARE HIRED ON OR AFTER OCTOBER FIRST, TWO THOUSAND TWENTY, THE STATE SHALL CONSIDER ALL YEARS OF SERVICE THAT A RETIRED STATE EMPLOYEE HAS ACCRUED IN A PUBLIC RETIREMENT SYSTEM OF THE STATE OR AN OPTIONAL RETIREMENT PROGRAM ESTABLISHED PURSUANT TO ARTICLE THREE, EIGHT-B, OR ONE HUNDRED TWENTY-FIVE-A OF THE EDUCATION LAW. THE PROVISIONS OF THIS PARAGRAPH MAY NOT BE USED TO GRANT ELIGIBILITY FOR RETIREE STATE HEALTH INSURANCE COVERAGE TO A RETIREE WHO IS NOT OTHERWISE ELIGIBLE TO ENROLL IN THE NEW YORK STATE HEALTH INSURANCE PROGRAM AS A RETIREE. § 2. This act shall take effect October 1, 2020. PART W Section 1. Paragraph (h) of subdivision 1 of section 209-a of the civil service law, as amended by section 1 of part E of chapter 55 of the laws of 2019, is amended to read as follows: (h) to disclose home addresses, personal telephone numbers, personal cell phone numbers, personal e-mail addresses of a public employee, as the term "public employee" is defined in subdivision seven of section two hundred one of this article, except (i) where required pursuant to the provisions of this article, [and] (ii) to the extent compelled to do so by lawful service of process, subpoena, court order, OR (III) IN ACCORDANCE WITH SUBDIVISION FOUR OF SECTION TWO HUNDRED EIGHT OF THIS ARTICLE, or as otherwise required by law. This paragraph shall not prohibit other provisions of law regarding work-related, publicly avail- able information such as title, salary, and dates of employment. S. 7505 41 A. 9505 § 2. Paragraph (b) of subdivision 4 of section 208 of the civil service law, as added by section 1 of part RRR of chapter 59 of the laws of 2018, is amended and a new paragraph (c) is added to read as follows: (b) Within thirty days of providing the notice in paragraph a of this subdivision, a public employer shall allow a duly appointed represen- tative of the employee organization that represents that bargaining unit to meet with such employee for a reasonable amount of time during his or her work time without charge to leave credits, unless otherwise speci- fied within an agreement bargained collectively under article fourteen of the civil service law, provided however that arrangements for such meeting must be scheduled in consultation with a designated represen- tative of the public employer[.]; AND (C) UPON THE REQUEST OF THE CERTIFIED AND RECOGNIZED EMPLOYEE ORGAN- IZATION, AND IF THE PUBLIC EMPLOYER CONDUCTS NEW EMPLOYEE ORIENTATIONS, THE PUBLIC EMPLOYER SHALL PROVIDE THE EMPLOYEE ORGANIZATION MANDATORY ACCESS TO SUCH NEW EMPLOYEE ORIENTATIONS. THE EMPLOYEE ORGANIZATION SHALL RECEIVE NOT LESS THAN TEN DAYS' NOTICE IN ADVANCE OF AN ORIEN- TATION, EXCEPT THAT A SHORTER NOTICE MAY BE PROVIDED IN A SPECIFIC INSTANCE WHERE THERE IS AN URGENT NEED CRITICAL TO THE EMPLOYER'S OPER- ATIONS THAT WAS NOT REASONABLY FORESEEABLE TO PROVIDE SUCH NOTICE. THE STRUCTURE, TIME, AND MANNER OF EXCLUSIVE REPRESENTATIVE ACCESS SHALL BE DETERMINED THROUGH MUTUAL AGREEMENT BETWEEN THE EMPLOYER AND THE EMPLOY- EE ORGANIZATION. § 3. Section 215 of the civil service law, as added by section 1 of part DD of chapter 56 of the laws of 2019, is amended to read as follows: § 215. [Agency] DUES OR AGENCY shop fee deductions. 1. Notwithstanding any other law to the contrary, any public employer, any employee organ- ization, the comptroller and the board, or any of their employees or agents, shall not be liable for, and shall have a complete defense to, any claims or actions under the laws of this state for requiring, deducting, receiving, or retaining DUES OR agency shop fee deductions from public employees, and current or former public employees shall not have standing to pursue these claims or actions, if the DUES OR fees were permitted or mandated at the time under the laws of this state then in force and paid, through payroll deduction or otherwise, prior to June twenty-seventh, two thousand eighteen. 2. This section shall apply to claims and actions pending or filed on or after June twenty-seventh, two thousand eighteen. 3. The enactment of this section shall not be interpreted to create the inference that any relief made unavailable by this section would otherwise be available. § 4. This act shall take effect immediately. PART X Section 1. Section 103 of the state technology law is amended by adding a new subdivision 22 to read as follows: 22. TO ISSUE PROCUREMENTS FOR TECHNOLOGY, AS DEFINED IN SECTION ONE HUNDRED ONE OF THIS ARTICLE, IN THE MANNER AS PRESCRIBED IN THIS SUBDI- VISION. (A) NOTWITHSTANDING SECTION ONE HUNDRED SIXTY-THREE OF THE STATE FINANCE LAW, OR ANY OTHER PROVISION OF LAW TO THE CONTRARY, THE OFFICE MAY ISSUE SOLICITATIONS FOR COMPREHENSIVE TECHNOLOGY SERVICE CONTRACTS AND MAY AWARD COMPREHENSIVE TECHNOLOGY SERVICE CONTRACTS FOR TECHNOLOGY AS PRESCRIBED IN THIS SUBDIVISION. A COMPREHENSIVE TECHNOLOGY SERVICE S. 7505 42 A. 9505 CONTRACT SHALL MEAN ANY CONTRACT FOR BOTH THE DESIGN AND BUILD OF ANY TECHNOLOGY BY A SINGLE ENTITY OR MULTIPLE ENTITIES ACTING AS ONE, WHICH MAY INCLUDE ANY AND ALL TECHNOLOGY AS DEFINED IN THIS ARTICLE AND SHALL RESULT IN A COMPLETE AND OPERABLE SYSTEM DELIVERED TO THE STATE. (B) FOR ALL PROCUREMENTS CONDUCTED PURSUANT TO THIS SECTION, THE OFFICE SHALL ADVERTISE IN THE CONTRACT REPORTER AND ON THE WEBSITE OF THE OFFICE FOR NO LESS THAN FIFTEEN BUSINESS DAYS, A REQUEST FOR PROPOSALS WHICH SHALL INCLUDE A DETAILED DESCRIPTION OF THE WORK TO BE PERFORMED, ANY MINIMUM AND MANDATORY QUALIFICATIONS, A BRIEF DESCRIPTION OF HOW THE PROPOSALS WILL BE SCORED, AND ANY OTHER CRITERIA THAT THE OFFICE DEEMS NECESSARY AND APPROPRIATE. SCORING CRITERIA SHALL BE DRAFT- ED AND SEALED BY THE OFFICE PRIOR TO THE OPENING OF ANY BIDS. SUCH SCOR- ING CRITERIA SHALL BE OBJECTIVE TO THE EXTENT PRACTICABLE AND SHALL INCLUDE COST. IF THE WINNING PROPOSAL SCORES LESS THAN FIVE PERCENT HIGHER THAN THE PENULTIMATE PROPOSAL, THE OFFICE SHALL BE EMPOWERED TO REQUEST SUCH TWO BIDDERS TO RE-SUBMIT THEIR COST PROPOSALS WITH THE SAME OR LOWER COST WITHIN TEN BUSINESS DAYS' NOTICE, WHICH THE OFFICE SHALL THEN EVALUATE BASED ON THE ORIGINAL SEALED SCORING CRITERIA FOR FINAL AWARD. (C) THE OFFICE SHALL INCLUDE IN EVERY CONTRACT AWARDED PURSUANT TO THIS SECTION A CLAUSE WHICH LIMITS THE ABILITY OF ANY COST INCREASE OF THE CONTRACT TO NO MORE THAN TEN PERCENT OF THE ORIGINAL BID PRICE OF THE CONTRACTOR. ANY REQUEST FOR AN INCREASE IN CONTRACT PRICE SHALL BE SUBJECT TO APPROVAL OF THE DIRECTOR OF THE DIVISION OF THE BUDGET AND THE OFFICE OF THE STATE COMPTROLLER. SUCH CLAUSE SHALL ALSO SPECIFY THAT IF THE VENDOR REFUSES TO COMPLETE THE CONTRACT ACCORDING TO THE SPECIFIC TERMS OF THE CONTRACT AS SOLELY DETERMINED BY THE STATE AND UNLESS OTHERWISE AGREED TO IN WRITING BY THE STATE, THE CONTRACTOR SHALL BE LIABLE FOR RETURN OF ALL MONIES PAID BY THE STATE TO THE CONTRACTOR AS A RESULT OF THE SUBJECT CONTRACT, DOCUMENTED STATE OUT OF POCKET EXPENSES UP TO THE TIME OF TERMINATION OF THE CONTRACT FOR WORK PERFORMED BY THE STATE IN FURTHERANCE OF THE GOALS OF THE CONTRACT, AND ANY DOCUMENTED COVER COSTS WHICH THE STATE INCURS AS A RESULT OF RE-PROCUREMENT OF THE CONTRACT, REGARDLESS OF FAULT. THE STATE SHALL ALSO RETAIN ALL TITLE AND INTEREST IN ANY CUSTOM-BUILT WORK PRODUCT DELIVERED TO THE STATE UP TO AND INCLUDING THE TIME OF TERMINATION, REGARDLESS OF PAYMENT OR REFUND OF ASSOCIATED MONIES TO OR BY THE STATE. (D) ALL TERMS USED IN THIS SECTION SHALL HAVE THE SAME MEANING OTHER- WISE PRESCRIBED IN THIS CHAPTER OR IN ARTICLES ELEVEN AND NINE OF THE STATE FINANCE LAW, EXCEPT FOR THOSE SPECIFICALLY DEFINED IN THIS SECTION. § 2. Subdivisions 3 and 4 of section 163-a of the state finance law, subdivision 3 as added by chapter 430 of the laws of 1997 and subdivi- sion 4 as amended by section 10 of part O of chapter 55 of the laws of 2012, are amended and a new subdivision 5 is added to read as follows: 3. A vendor has furnished at government request specifications or information regarding a product or service they provide, but such vendor has not been directly requested to write specifications for such product or service or an agency technology procurement proposal; [or] 4. The [state agency together with] DIRECTOR OF the office of informa- tion technology services, UPON REQUEST BY A STATE AGENCY, determines that the restriction is not in the best interest of the state[. Such office shall notify each member of the advisory council established in article one of the state technology law of any such waiver of these restrictions.]; OR S. 7505 43 A. 9505 5. FOR THE OFFICE OF INFORMATION TECHNOLOGY SERVICES, THE RESTRICTIONS CONTAINED WITHIN THIS SECTION SHALL NOT APPLY TO PROCUREMENTS ISSUED PURSUANT TO SECTION ONE HUNDRED THREE OF THE STATE TECHNOLOGY LAW. § 3. This act shall take effect immediately. PART Y Section 1. Subdivision 10 of section 160 of the state finance law, as added by chapter 83 of the laws of 1995, is amended to read as follows: 10. "Technology" means either a good or a service or a combination thereof, [that results in a technical method of achieving a practical purpose or in improvements in productivity] USED IN THE APPLICATION OF ANY COMPUTER OR ELECTRONIC INFORMATION OR INTERCONNECTED SYSTEM THAT IS USED IN THE ACQUISITION, STORAGE, MANIPULATION, MANAGEMENT, MOVEMENT, CONTROL, DISPLAY, SWITCHING, INTERCHANGE, TRANSMISSION, OR RECEPTION OF DATA OR VOICE INCLUDING, BUT NOT LIMITED TO, HARDWARE, SOFTWARE, INFOR- MATION APPLIANCES, FIRMWARE, PROGRAMS, SYSTEMS, NETWORKS, INFRASTRUC- TURE, MEDIA, AND RELATED MATERIAL USED TO AUTOMATICALLY AND ELECTRON- ICALLY COLLECT, RECEIVE, ACCESS, TRANSMIT, DISPLAY, STORE, RECORD, RETRIEVE, ANALYZE, EVALUATE, PROCESS, CLASSIFY, MANIPULATE, MANAGE, ASSIMILATE, CONTROL, COMMUNICATE, EXCHANGE, CONVERT, COVERAGE, INTER- FACE, SWITCH, OR DISSEMINATE DATA OF ANY KIND OR FORM, AND SHALL INCLUDE ALL ASSOCIATED CONSULTING, MANAGEMENT, FACILITIES, MAINTENANCE AND TRAINING. Goods may be either new or used. § 2. Subdivision 5 of section 101 of the state technology law, as added by chapter 430 of the laws of 1997 and as renumbered by chapter 437 of the laws of 2004, is amended to read as follows: 5. "Technology" means [a good, service, or good and service that results in a digital, electronic or similar technical method of achiev- ing a practical purpose or in improvements in productivity, including but not limited to information management, equipment, software, operat- ing systems, interface systems, interconnected systems, telecommuni- cations, data management, networks, and network management, consulting, supplies, facilities, maintenance and training] EITHER A GOOD OR A SERVICE OR A COMBINATION THEREOF, USED IN THE APPLICATION OF ANY COMPUT- ER OR ELECTRONIC INFORMATION OR INTERCONNECTED SYSTEM THAT IS USED IN THE ACQUISITION, STORAGE, MANIPULATION, MANAGEMENT, MOVEMENT, CONTROL, DISPLAY, SWITCHING, INTERCHANGE, TRANSMISSION, OR RECEPTION OF DATA OR VOICE INCLUDING, BUT NOT LIMITED TO, HARDWARE, SOFTWARE, INFORMATION APPLIANCES, FIRMWARE, PROGRAMS, SYSTEMS, NETWORKS, INFRASTRUCTURE, MEDIA, AND RELATED MATERIAL USED TO AUTOMATICALLY AND ELECTRONICALLY COLLECT, RECEIVE, ACCESS, TRANSMIT, DISPLAY, STORE, RECORD, RETRIEVE, ANALYZE, EVALUATE, PROCESS, CLASSIFY, MANIPULATE, MANAGE, ASSIMILATE, CONTROL, COMMUNICATE, EXCHANGE, CONVERT, COVERAGE, INTERFACE, SWITCH, OR DISSEMINATE DATA OF ANY KIND OR FORM, AND SHALL INCLUDE ALL ASSOCIATED CONSULTING, MANAGEMENT, FACILITIES, MAINTENANCE, SUPPORT AND TRAINING. GOODS MAY BE EITHER NEW OR USED. § 3. This act shall take effect immediately. PART Z Section 1. Section 1 of part S of chapter 56 of the laws of 2010, relating to establishing a joint appointing authority for the state financial system project, is amended to read as follows: Section 1. The division of the budget and office of the state comp- troller may dedicate such officers and employees as may be needed to a S. 7505 44 A. 9505 joint project, which shall be known as the [state] STATEWIDE financial system project, and which shall be responsible for the development, implementation and maintenance of a single, statewide financial manage- ment system for use by the OFFICE OF THE state comptroller and all agen- cies. The division of the budget and the office of the state comptroller shall serve jointly as the appointing authority for all titles within the project, and shall jointly appoint a project [manager] DIRECTOR therefor. For purposes of appointment and promotion under the civil service law, the [state] STATEWIDE financial system project shall be treated as if it were a single department. FOR THE PURPOSES OF PROCURE- MENT AND CONTRACTING PURSUANT TO THE STATE FINANCE LAW, THE STATEWIDE FINANCIAL SYSTEM PROJECT SHALL BE TREATED AS A SINGLE DEPARTMENT, PROVIDED THAT ALL PROCUREMENTS AND CONTRACTS ISSUED AND AGREED TO BY THE STATEWIDE FINANCIAL SYSTEM PROJECT SHALL BE SUBJECT TO THE APPROVAL OF THE DIVISION OF THE BUDGET AND THE OFFICE OF THE STATE COMPTROLLER. § 2. This act shall take effect immediately. PART AA Section 1. Subdivision 12 of section 3 of the public buildings law, as amended by section 48 of part T of chapter 57 of the laws of 2007, is amended to read as follows: 12. Lease from time to time buildings, rooms or premises in the county of Albany, and elsewhere as required, for providing space for depart- ments, commissions, boards and officers of the state government, upon such terms and conditions as he or she deems most advantageous to the state. Any such lease shall, however, be for a term not exceeding [ten] FIFTEEN years, but may provide for optional renewals on the part of the state, for terms of [ten] FIFTEEN years or less. Each such lease shall contain a clause stating that the contract of the state thereunder shall be deemed executory only to the extent of moneys available therefor and that no liability shall be incurred by the state beyond the money avail- able for such purpose. Notwithstanding the provisions of any other law, except section sixteen hundred seventy-six of the public authorities law relating to use of dormitory authority facilities by the aged, the commissioner of general services shall have sole and exclusive authority to lease space for state departments, agencies, commissions, boards and officers within the county of Albany. Any buildings, rooms or premises, now or hereafter held by the commissioner of general services under lease, may be sublet, in part or in whole, provided that in the judgment of the commissioner, and the occupying department, commission, board, and officers of the state government, such buildings, rooms or premises are not for a time needed. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, IF BONDS OR NOTES ARE ISSUED PURSUANT TO SECTION SIXTEEN HUNDRED EIGHTY-N OF THE PUBLIC AUTHORITIES LAW FOR THE PURPOSE OF ACQUIRING A BUILDING OR OTHER FACILITY PREVIOUSLY FINANCED BY A LEASE OR LEASE-PURCHASE OBLIGATION AS AUTHORIZED HEREIN, THE STATE AGENCY WHICH IS THE TENANT IN OCCUPANCY SHALL BE AUTHORIZED TO REMIT TAX PAYMENTS OR PAYMENTS IN LIEU OF THEREOF TO THE APPROPRIATE TAXING AUTHORITY IN A MANNER CONSISTENT WITH THE PROCESS AND TERM ESTABLISHED UNDER THE ORIGINAL LEASE OR LEASE-PURCHASE FOR THE SUBJECT PROPERTY FOR A PERIOD COINCIDENT WITH THE TERM OF THE LEASE AS ESTABLISHED AT THE COMMENCEMENT OF THE TERM THEREOF. THE STATE MAY UNDERTAKE A CERTIORARI REVIEW OF ASSESSMENTS THAT MAY BE IMPOSED FROM TIME TO TIME. S. 7505 45 A. 9505 § 2. This act shall take effect on the same date as the reversion of subdivision 12 of section 3 of the public buildings law as provided in section 27 of chapter 95 of the laws of 2000, as amended. PART BB Section 1. Section 139-l of the state finance law, as added by section 1 of subpart A of part KK of chapter 57 of the laws of 2018, is amended to read as follows: § 139-l. Statement on sexual harassment AND REPORTS ON SEXUAL HARASS- MENT, in bids. 1. (a) Every bid hereafter made to the state or any public department or agency thereof, where competitive bidding is required by statute, rule or regulation, for work or services performed or to be performed or goods sold or to be sold, shall contain the following statement subscribed by the bidder and affirmed by such bidder as true under the penalty of perjury: "By submission of this bid, each bidder and each person signing on behalf of any bidder certifies, and in the case of a joint bid each party thereto certifies as to its own organization, under penalty of perjury, that the bidder has and has implemented a written policy addressing sexual harassment prevention in the workplace and provides annual sexual harassment prevention training to all of its employees. Such policy shall, at a minimum, meet the requirements of section two hundred one-g of the labor law." (b) Every bid hereafter made to the state or any public department or agency thereof, where competitive bidding is not required by statute, rule or regulation, for work or services performed or to be performed or goods sold or to be sold, may contain, at the discretion of the depart- ment, agency or official, the certification required pursuant to para- graph (a) of this subdivision. 2. (A) EVERY BID HEREAFTER MADE TO THE STATE OR ANY PUBLIC DEPARTMENT OR AGENCY THEREOF, WHERE COMPETITIVE BIDDING IS REQUIRED BY STATUTE, RULE OR REGULATION, FOR WORK OR SERVICES PERFORMED OR TO BE PERFORMED OR GOODS SOLD OR TO BE SOLD, SHALL INCLUDE A REPORT LISTING (I) THE NAME OF THE BIDDER; (II) THE TOTAL NUMBER OF ADVERSE JUDGMENTS OR ADMINISTRATIVE RULINGS ARISING FROM ALLEGATIONS OF SEXUAL HARASSMENT DURING THE PRECED- ING YEAR; (III) TOTAL NUMBER OF EMPLOYEES; (IV) WHETHER ANY EQUITABLE RELIEF WAS ORDERED AGAINST THE BIDDER IN ANY ADVERSE JUDGMENT OR ADMIN- ISTRATIVE RULING; (V) THE TOTAL NUMBER OF SETTLEMENTS, DEFINED AS ANY WRITTEN COMMITMENT OR WRITTEN AGREEMENT, INCLUDING ANY AGREED JUDGMENT, STIPULATION, DECREE, AGREEMENT TO SETTLE, ASSURANCE OF DISCONTINUANCE, OR OTHERWISE BETWEEN AN EMPLOYEE OR A NONEMPLOYEE AND A BIDDER, UNDER WHICH THE BIDDER DIRECTLY OR INDIRECTLY PROVIDES TO AN INDIVIDUAL COMPENSATION OR OTHER CONSIDERATION DUE TO AN ALLEGATION THAT THE INDI- VIDUAL HAS BEEN A VICTIM OF SEXUAL HARASSMENT, THAT HAS BEEN ENTERED INTO DURING THE PRECEDING YEAR THAT RELATE TO ANY ALLEGED ACT OF SEXUAL HARASSMENT THAT OCCURRED IN THE WORKPLACE OF THE BIDDER; AND (VI) THE TOTAL NUMBER OF SETTLEMENTS ENTERED INTO DURING THE PREVIOUS YEAR THAT RELATE TO ANY ALLEGED ACT OF SEXUAL HARASSMENT COMMITTED BY A CORPORATE EXECUTIVE WITHOUT REGARD TO WHETHER THAT BEHAVIOR OCCURRED IN THE WORK- PLACE OF THE BIDDER. THE INFORMATION REQUIRED BY THIS SUBDIVISION SHALL BE PROVIDED IN ELECTRONIC FORMAT IN SUCH FORM AS PRESCRIBED BY THE DIVI- SION OF HUMAN RIGHTS. (B) ON OR BEFORE THE FIFTEENTH OF FEBRUARY OF EACH YEAR, COPIES OF THE REPORTS REQUIRED BY PARAGRAPH (A) OF THIS SUBDIVISION RECEIVED IN THE PREVIOUS CALENDAR YEAR SHALL BE TRANSMITTED FROM THE CONTRACTING AGENCY S. 7505 46 A. 9505 TO THE DIVISION OF HUMAN RIGHTS AND THE OFFICE OF THE STATE COMPTROLLER. THE OFFICE OF THE STATE COMPTROLLER SHALL PREPARE AN ANNUAL REPORT SUMMARIZING SUCH DATA, WHICH SHALL BE SUBMITTED TO THE GOVERNOR, THE TEMPORARY PRESIDENT OF THE SENATE, THE SPEAKER OF THE ASSEMBLY AND THE CHAIRPERSONS OF THE SENATE FINANCE, THE ASSEMBLY WAYS AND MEANS COMMIT- TEES, THE ATTORNEY GENERAL, THE COMMISSIONER OF LABOR, AND THE COMMIS- SIONER OF THE DIVISION OF HUMAN RIGHTS BY THE THIRTY-FIRST OF JULY EACH YEAR FOLLOWING THE EFFECTIVE DATE OF THIS SECTION. SUCH REPORT SHALL INCLUDE THE NAME OF THE BIDDER; THE TOTAL NUMBER OF ADVERSE JUDGMENTS OR ADMINISTRATIVE RULINGS DURING THE PRECEDING YEAR; THE TOTAL NUMBER OF EMPLOYEES; WHETHER ANY EQUITABLE RELIEF WAS ORDERED AGAINST THE BIDDER IN ANY ADVERSE JUDGMENT OR ADMINISTRATIVE RULING; AND THE TOTAL NUMBER OF SETTLEMENTS, AS DEFINED IN SUBPARAGRAPH (V) OF PARAGRAPH (A) OF THIS SUBDIVISION, ENTERED INTO DURING THE PRECEDING YEAR. [2.] 3. Notwithstanding the foregoing, the statement required by para- graph (a) of subdivision one of this section AND THE REPORT REQUIRED BY PARAGRAPH (A) OF SUBDIVISION TWO OF THIS SECTION may be submitted elec- tronically in accordance with the provisions of subdivision seven of section one hundred sixty-three of this chapter. [3.] 4. A bid shall not be considered for award nor shall any award be made to a bidder who has not complied with [subdivision] SUBDIVISIONS one AND TWO of this section; provided, however, that if the bidder cannot make the foregoing certification, such bidder shall so state and shall furnish with the bid a signed statement which sets forth in detail the reasons therefor. [4.] 5. Any bid hereafter made to the state or any public department, agency or official thereof, by a corporate bidder for work or services performed or to be performed or goods sold or to be sold, where such bid contains the statement required by subdivision one of this section AND THE REPORT REQUIRED BY SUBDIVISION TWO OF THIS SECTION, shall be deemed to have been authorized by the board of directors of such bidder, and such authorization shall be deemed to include the signing and submission of such bid and the inclusion therein of such statement AND SUCH REPORT as the act and deed of the corporation. § 2. This act shall take effect on the first of July next succeeding the date upon which it shall have become a law and shall apply to all contracts with the state entered into on and after such effective date. PART CC Section 1. Subdivision 3 of section 17 of the alcoholic beverage control law, as amended by section 8 of chapter 522 of the laws of 2018, 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 AS AGAINST THE HOLDER OF ANY LICENSE ISSUED PURSU- ANT TO SECTION FORTY OF THIS CHAPTER, and the sum of thirty thousand S. 7505 47 A. 9505 dollars as against the holder of a license issued pursuant to sections thirty, thirty-one, fifty-three, sixty-one-a, sixty-one-b, 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 consump- tion 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 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. § 2. Subdivision 3 of section 17 of the alcoholic beverage control law, as amended by section 9 of chapter 522 of the laws of 2018, 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, S. 7505 48 A. 9505 sixty-four-c, seventy-six-f, seventy-nine, eighty-one, and eighty-one-a of this chapter, AND AS AGAINST THE HOLDER OF ANY LICENSE ISSUED PURSU- ANT TO SECTION FORTY OF THIS CHAPTER, and the sum of thirty thousand dollars as against the holder of a license issued pursuant to sections thirty, thirty-one, fifty-three, sixty-one-a, sixty-one-b, 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 consump- tion 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 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. § 3. The alcoholic beverage control law is amended by adding a new article 3-A to read as follows: ARTICLE 3-A MISCELLANEOUS LICENSES SECTION 40. HIGHER EDUCATION INSTITUTION LICENSE. § 40. HIGHER EDUCATION INSTITUTION LICENSE. 1. ANY COLLEGE OR UNIVER- SITY ACCREDITED BY THE BOARD OF REGENTS OF THE NEW YORK STATE EDUCATION DEPARTMENT MAY APPLY TO THE LIQUOR AUTHORITY FOR A HIGHER EDUCATION INSTITUTION LICENSE AS PROVIDED FOR IN THIS SECTION. SUCH APPLICATION SHALL BE IN WRITING AND SHALL CONTAIN SUCH INFORMATION AS THE LIQUOR S. 7505 49 A. 9505 AUTHORITY SHALL REQUIRE. SUCH APPLICATION SHALL BE ACCOMPANIED BY A CHECK OR DRAFT FOR THE AMOUNT REQUIRED BY THIS SUBDIVISION FOR SUCH LICENSE. IF THE LIQUOR AUTHORITY SHALL APPROVE THE APPLICATION IT SHALL ISSUE A LICENSE IN SUCH FORM AS SHALL BE DETERMINED BY ITS RULES. THE ANNUAL FEE FOR A HIGHER EDUCATION INSTITUTION LICENSE SHALL BE TWO THOU- SAND DOLLARS. 2. A LICENSEE UNDER THIS SECTION SHALL HAVE THE FOLLOWING PRIVILEGES: (A) TO OPERATE A MANUFACTURING FACILITY OR FACILITIES AT THE LICENSED PREMISES FOR THE PRODUCTION OF MEAD, BEER, CIDER, LIQUOR, AND WINE; THE LICENSEE MAY: (I) SELL IN BULK SUCH ALCOHOLIC BEVERAGES TO ANY PERSON LICENSED UNDER THIS CHAPTER TO MANUFACTURE THE CLASS OF ALCOHOLIC BEVER- AGE TO BE PURCHASED, OR TO A PERMITTEE ENGAGED IN THE MANUFACTURE OF PRODUCTS WHICH ARE UNFIT FOR BEVERAGE USE; (II) SELL OR DELIVER SUCH ALCOHOLIC BEVERAGES TO PERSONS OUTSIDE THE STATE PURSUANT TO THE LAWS OF THE PLACE OF SUCH DELIVERY; (B) TO SELL TO MANUFACTURERS, WHOLESALERS, AND RETAILERS LICENSED OR PERMITTED IN THIS STATE ANY ALCOHOLIC BEVERAGE MANUFACTURED BY THE LICENSEE WHICH THAT MANUFACTURER, WHOLESALER OR RETAILER MAY SELL. ALL SUCH ALCOHOLIC BEVERAGES SOLD BY THE LICENSEE MUST BE SECURELY SEALED IN A CONTAINER AND HAVE ATTACHED THERETO A LABEL AS SHALL BE REQUIRED BY SECTION ONE HUNDRED SEVEN-A OF THIS CHAPTER; (C) (I) (A) TO SELL AT RETAIL FOR ON AND OFF PREMISES CONSUMPTION ANY ALCOHOLIC BEVERAGE MANUFACTURED BY THE LICENSEE AND ANY NEW YORK STATE LABELED ALCOHOLIC BEVERAGE PROVIDED THAT FOR ON-PREMISES CONSUMPTION THE LICENSEE REGULARLY KEEPS FOOD AVAILABLE SUCH AS SANDWICHES, SOUPS AND OTHER SUCH FOODS, WHETHER FRESH, PROCESSED, PRE-COOKED OR FROZEN, AND/OR 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. (B) SALES MADE UNDER CLAUSE (A) FOR OFF-PREMISES CONSUMPTION MAY BE MADE ONLY TO CUSTOMERS WHO ARE PHYSICALLY PRESENT UPON THE LICENSED PREMISES AND SUCH SALE SHALL BE CONCLUDED BY THE CUSTOMER'S TAKING, WITH HIM OR HER, OF THE SEALED CONTAINERS PURCHASED BY SUCH CUSTOMER AT THE TIME THE CUSTOM- ER LEAVES THE LICENSED PREMISES. SUCH SALES SHALL NOT BE MADE WHERE THE ORDER IS PLACED BY LETTER, TELEPHONE, FAX, OR EMAIL, OR WHERE THE CUSTOMER OTHERWISE DOES NOT PLACE THE ORDER WHILE THE CUSTOMER IS PHYS- ICALLY PRESENT UPON THE LICENSED PREMISES; (II) TO OPERATE A RESTAURANT, HOTEL, CATERING ESTABLISHMENT, OR OTHER FOOD AND DRINKING ESTABLISHMENT AT THE LICENSED PREMISES AND SELL AT SUCH PLACE, AT RETAIL FOR CONSUMP- TION ON THE PREMISES, ANY ALCOHOLIC BEVERAGE MANUFACTURED BY THE LICEN- SEE AND ANY NEW YORK STATE LABELED ALCOHOLIC BEVERAGE; (III) TO APPLY TO THE AUTHORITY FOR A LICENSE UNDER THIS CHAPTER TO SELL OTHER ALCOHOLIC BEVERAGES AT RETAIL FOR CONSUMPTION AT THE LICENSED PREMISES. ALL OF THE PROVISIONS OF THIS CHAPTER RELATIVE TO LICENSES TO SELL BEER, LIQUOR OR WINE AT RETAIL FOR CONSUMPTION ON THE PREMISES SHALL APPLY AS FAR AS APPLICABLE; (IV) TO SELL ALCOHOLIC BEVERAGES MANUFACTURED BY THE LICEN- SEE AT THE STATE FAIR, RECOGNIZED COUNTY FAIRS AND AT FARMERS MARKETS OPERATED ON A NOT-FOR-PROFIT BASIS; (V) TO SELL ALCOHOLIC BEVERAGES PRODUCED BY THE LICENSEE IN BULK BY THE KEG, CASK, OR BARREL FOR CONSUMPTION AND NOT FOR RESALE AT A CLAM-BAKE, BARBEQUE, PICNIC OR SIMI- LAR OUTDOOR GATHERING; (D) TO MANUFACTURE, BOTTLE AND SELL FOOD CONDIMENTS AND PRODUCTS SUCH AS HONEY, MUSTARDS, SAUCES, JAMS, JELLIES, MULLING SPICES AND OTHER ALCOHOLIC BEVERAGE RELATED FOODS IN ADDITION TO OTHER SUCH FOOD AND S. 7505 50 A. 9505 CRAFTS ON AND FROM THE LICENSED PREMISES. SUCH LICENSE SHALL AUTHORIZE THE HOLDER THEREOF TO STORE AND SELL GIFT ITEMS IN A TAX-PAID ROOM UPON THE LICENSED PREMISES INCIDENTAL TO THE SALE OF ALCOHOLIC BEVERAGES. THESE GIFT ITEMS SHALL BE LIMITED TO THE FOLLOWING CATEGORIES: (I) NON- ALCOHOLIC BEVERAGES 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 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. SUCH FOOD ITEMS SHALL INCLUDE BUT NEED NOT BE LIMITED TO: CHEESES, FRUITS, VEGETABLES, CHOCOLATES, BREADS, BAKED GOODS, MUSTARDS AND CRACKERS; (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. SUCH FOOD ITEMS MAY BE COMBINED INTO A PACKAGE CONTAINING ALCOHOLIC BEVERAGES; (IV) ALCOHOLIC BEVERAGE SUPPLIES AND ACCESSORIES, WHICH SHALL INCLUDE ANY ITEM UTILIZED FOR THE STORAGE, SERVING OR CONSUMPTION OF ALCOHOLIC BEVERAGES OR FOR DECORATIVE PURPOSES. THESE SUPPLIES MAY BE SOLD AS SINGLE ITEMS OR MAY BE COMBINED INTO A PACKAGE CONTAINING ALCOHOLIC BEVERAGES; (V) ALCOHOLIC BEVERAGE EQUIPMENT AND SUPPLIES INCLUDING, BUT NOT LIMITED TO: HONEY, HOME ALCO- HOLIC BEVERAGE-MAKING KITS, PUMPS, FILTERS, YEASTS, CHEMICALS AND OTHER ALCOHOLIC BEVERAGE ADDITIVES, BOTTLING EQUIPMENT, BOTTLES, ALCOHOLIC BEVERAGE STORAGE AND FERMENTING VESSELS, BARRELS, AND BOOKS OR OTHER WRITTEN MATERIAL TO ASSIST ALCOHOLIC BEVERAGE MAKERS TO PRODUCE AND BOTTLE ALCOHOLIC BEVERAGES; AND (VI) SOUVENIR ITEMS, WHICH SHALL INCLUDE, BUT NEED 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. (E) TO ENGAGE IN ANY OTHER BUSINESS ON THE LICENSED PREMISES AS IS COMPATIBLE WITH THE MISSION OF A COLLEGE AND UNIVERSITY AND COMPATIBLE WITH THE POLICY AND PURPOSES OF THIS CHAPTER IN CONSIDERATION OF THE EFFECT OF THE PARTICULAR BUSINESSES ON THE COMMUNITY AND AREA IN THE VICINITY OF THE LICENSED PREMISES. (F) NOTWITHSTANDING ANY CONTRARY PROVISION OF LAW OR OF ANY RULE OR REGULATION PROMULGATED PURSUANT THERETO, AND IN ADDITION TO THE ACTIV- ITIES WHICH MAY OTHERWISE BE CARRIED OUT BY ANY PERSON LICENSED UNDER THIS SECTION, SUCH PERSON MAY, ON THE PREMISES DESIGNATED IN SUCH LICENSE: (I) PRODUCE, PACKAGE, BOTTLE, SELL AND DELIVER SOFT DRINKS AND OTHER NON-ALCOHOLIC BEVERAGES; (II) RECOVER CARBON DIOXIDE AND YEAST; (III) STORE BOTTLES, PACKAGES AND SUPPLIES NECESSARY OR INCIDENTAL TO ALL SUCH OPERATIONS; (IV) PACKAGE, BOTTLE, SELL AND DELIVER WINE PRODUCTS; (V) ALLOW FOR THE PREMISES INCLUDING SPACE AND EQUIPMENT TO BE RENTED BY A LICENSED TENANT ALCOHOLIC BEVERAGE PRODUCER FOR THE PURPOSES OF ALTERNATION. (G) THE AUTHORITY IS HEREBY AUTHORIZED TO PROMULGATE RULES AND REGU- LATIONS TO EFFECTUATE THE PROVISIONS OF THIS SECTION. IN PRESCRIBING SUCH RULES AND REGULATIONS, THE AUTHORITY SHALL PROMOTE THE EXPANSION AND PROFITABILITY OF ALCOHOLIC BEVERAGE PRODUCTION AND OF TOURISM IN NEW YORK, THEREBY PROMOTING THE CONSERVATION, PRODUCTION AND ENHANCEMENT OF NEW YORK SATE AGRICULTURAL LANDS. 3.(A) ANY ACTIVITIES AUTHORIZED UNDER THIS SECTION AND CARRIED OUT BY AN ENTITY LICENSED PURSUANT TO THIS SECTION SHALL NOT BE VIOLATIVE OF SUBDIVISION ONE OF SECTION ONE HUNDRED ONE, SUBDIVISION SIXTEEN OF SECTION ONE HUNDRED FIVE, OR SUBDIVISION THIRTEEN OF SECTION ONE HUNDRED SIX OF THIS CHAPTER PROVIDED SUCH ENTITY HAS NO INTERESTS DIRECT OR S. 7505 51 A. 9505 INDIRECT IN THE MANUFACTURE, WHOLESALE, OR RETAIL OF ALCOHOLIC BEVERAGES OTHER THAN AT THE LICENSED PREMISES. (B) PROVIDED HOWEVER THAT IF THE LICENSED ENTITY HAS AN INTEREST IN THE MANUFACTURE OR WHOLESALE OR ALCOHOLIC BEVERAGES AT ANOTHER LOCATION, SUCH INTEREST SHALL BE PERMISSIBLE WHERE: (I) THE INTEREST IS TOTAL OWNERSHIP, OR (II) WHERE THE INTEREST IS LESS THAN TOTAL OWNERSHIP, AND (A) THE MANUFACTURER OR WHOLESALER DOES NOT, DIRECTLY OR INDIRECTLY, EXERCISE CONTROL OVER OR PARTICIPATE IN MANAGEMENT OF THE RETAIL BUSI- NESS OF THE LICENSED ENTITY; (B) THE INTEREST DOES NOT RESULT IN THE RETAIL BUSINESS OF THE LICENSED ENTITY PURCHASING ALCOHOLIC BEVERAGES FROM THE MANUFACTURER OR WHOLESALER TO THE EXCLUSION, IN WHOLE OR PART, OF ALCOHOLIC BEVERAGES OFFERED FOR SALE BY OTHER PERSONS; (C) THE PRODUCTS AND SERVICES OF THE MANUFACTURER OR WHOLESALER ARE NOT OFFERED DISCRIMINATORILY IN THAT THEY ARE OFFERED TO ALL RETAILERS IN THE LOCAL MARKET ON THE SAME TERMS; AND (D) THE RETAIL BUSINESS OF THE LICENSED ENTITY PURCHASES ALCOHOLIC BEVERAGES FROM A WHOLESALER LICENSED UNDER THIS CHAPTER WITHOUT AN INTEREST IN THE RETAIL BUSINESS OF SUCH LICENSED ENTITY WHEN PURCHASING ALCOHOLIC BEVERAGES NOT MANUFACTURED BY THE LICENSEE. (C) PROVIDED FURTHER THAT IF THE LICENSED ENTITY HAS AN INTEREST IN RETAIL SALE OF ALCOHOLIC BEVERAGES AT ANOTHER LOCATION, SUCH INTEREST SHALL BE PERMISSIBLE WHERE: (I) THE INTEREST IS TOTAL OWNERSHIP, OR (II) WHERE THE INTEREST IS LESS THAN TOTAL OWNERSHIP, AND (A) THE RETAILER DOES NOT, DIRECTLY OR INDIRECTLY, EXERCISE CONTROL OVER OR PARTICIPATE IN MANAGEMENT OF THE MANUFACTURING OR WHOLESALING BUSINESS OF THE LICENSED ENTITY; (B) THE INTEREST DOES NOT RESULT IN THE RETAIL BUSINESS OF THE LICENSED ENTITY PURCHASING ALCOHOLIC BEVERAGES FROM THE MANUFAC- TURER OR WHOLESALER TO THE EXCLUSION, IN WHOLE OR IN PART, OF ALCOHOLIC BEVERAGES OFFERED FOR SALE BY OTHER PERSONS; (C) THE RETAIL BUSINESS PURCHASES ALCOHOLIC BEVERAGES FROM A WHOLESALER LICENSED UNDER THIS CHAPTER WITHOUT AN INTEREST IN THE RETAIL BUSINESS WHEN PURCHASING ALCO- HOLIC BEVERAGES NOT MANUFACTURES BY THE LICENSEE. § 4. Subdivision 1 of section 56-a of the alcoholic beverage control law, as amended by chapter 522 of the laws of 2018, is 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 thirty, thirty-one, FORTY, 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 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 calendar 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 ninety-nine-b of this chapter if such permit is to be issued on a calendar year basis, or for an additional bar pursuant to subdivi- sion 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 S. 7505 52 A. 9505 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. § 5. This act shall take effect October 1, 2020, provided that the amendments to subdivision 3 of section 17 of the alcoholic beverage control law made by section one of this act shall be subject to the expiration and reversion of such subdivision pursuant to section 4 of chapter 118 of the laws of 2012, as amended, when upon such date the provisions of section two of this act shall take effect. PART DD Section 1. Section 106 of the alcoholic beverage control law is amended by adding a new subdivision 16 to read as follows: 16. A PERSON HOLDING A RETAIL ON-PREMISES LICENSE FOR A MOVIE THEATRE GRANTED PURSUANT TO SECTION SIXTY-FOUR-A OF THIS CHAPTER SHALL: (A) FOR EVERY PURCHASE OF AN ALCOHOLIC BEVERAGE, REQUIRE THE PURCHASER TO PROVIDE WRITTEN EVIDENCE OF AGE AS SET FORTH IN PARAGRAPH (B) OF SUBDIVISION TWO OF SECTION SIXTY-FIVE-B OF THIS CHAPTER; AND (B) ALLOW THE PURCHASE OF ONLY ONE ALCOHOLIC BEVERAGE PER TRANSACTION; AND (C) ONLY PERMIT THE SALE OR DELIVERY OF ALCOHOLIC BEVERAGES DIRECTLY TO AN INDIVIDUAL HOLDING A TICKET FOR A MOTION PICTURE WITH A MOTION PICTURE ASSOCIATION OF AMERICA RATING OF "PG-13", "R", OR "NC-17"; AND (D) NOT COMMENCE THE SALE OF ALCOHOLIC BEVERAGES UNTIL ONE HOUR PRIOR TO THE START OF THE FIRST MOTION PICTURE AND CEASE ALL SALES OF ALCOHOL- IC BEVERAGES AFTER THE CONCLUSION OF THE FINAL MOTION PICTURE. § 2. Subdivision 6 of section 64-a of the alcoholic beverage control law, as amended by chapter 475 of the laws of 2011, is amended to read as follows: 6. No special on-premises license shall be granted except for premises in which the principal business shall be (a) the sale of food or bever- ages at retail for consumption on the premises or (b) the operation of a legitimate theatre, INCLUDING A MOTION PICTURE THEATRE THAT IS A BUILD- ING OR FACILITY WHICH IS REGULARLY USED AND KEPT OPEN PRIMARILY FOR THE EXHIBITION OF MOTION PICTURES FOR AT LEAST FIVE OUT OF SEVEN DAYS A WEEK, OR ON A REGULAR SEASONAL BASIS OF NO LESS THAN SIX CONTIGUOUS WEEKS, TO THE GENERAL PUBLIC WHERE ALL AUDITORIUM SEATING IS PERMANENTLY AFFIXED TO THE FLOOR AND AT LEAST SIXTY-FIVE PERCENT OF THE MOTION PICTURE THEATRE'S ANNUAL GROSS REVENUES IS THE COMBINED RESULT OF ADMIS- SION REVENUE FOR THE SHOWING OF MOTION PICTURES AND THE SALE OF FOOD AND NON-ALCOHOLIC BEVERAGES, or such other lawful adult entertainment or recreational facility as the liquor authority, giving due regard to the convenience of the public and the strict avoidance of sales prohibited by this chapter, shall by regulation classify for eligibility. [Nothing contained in this subdivision shall be deemed to authorize the issuance of a license to a motion picture theatre, except those meeting the defi- nition of restaurant and meals, and where all seating is at tables where meals are served.] § 3. Subdivision 8 of section 64-a of the alcoholic beverage control law, as added by chapter 531 of the laws of 1964, is amended to read as follows: 8. Every special on-premises licensee shall regularly keep food avail- able for sale to its customers for consumption on the premises. The availability of sandwiches, soups or other foods, whether fresh, proc- S. 7505 53 A. 9505 essed, pre-cooked or frozen, shall be deemed compliance with this requirement. FOR MOTION PICTURE THEATRES LICENSED UNDER PARAGRAPH (B) OF SUBDIVISION SIX OF THIS SECTION, FOOD THAT IS TYPICALLY FOUND IN A MOTION PICTURE THEATRE, INCLUDING BUT NOT LIMITED TO: POPCORN, CANDY, AND LIGHT SNACKS, SHALL BE DEEMED TO BE IN COMPLIANCE WITH THIS REQUIRE- MENT. The licensed premises shall comply at all times with all the regu- lations of the local department of health. Nothing contained in this subdivision, however, shall be construed to require that any food be sold or purchased with any liquor, nor shall any rule, regulation or standard be promulgated or enforced requiring that the sale of food be substantial or that the receipts of the business other than from the sale of liquor equal any set percentage of total receipts from sales made therein. § 4. Subdivision 9 of section 64-a of the alcoholic beverage control law is renumbered subdivision 10 and a new subdivision 9 is added to read as follows: 9. IN THE CASE OF A MOTION PICTURE THEATRE APPLYING FOR A LICENSE UNDER THIS SECTION, ANY MUNICIPALITY REQUIRED TO BE NOTIFIED UNDER SECTION ONE HUNDRED TEN-B OF THIS CHAPTER MAY EXPRESS AN OPINION WITH RESPECT TO WHETHER THE APPLICATION SHOULD BE APPROVED, AND SUCH OPINION MAY BE CONSIDERED IN DETERMINING WHETHER GOOD CAUSE EXISTS TO DENY ANY SUCH APPLICATION. § 5. This act shall take effect immediately. PART EE Section 1. Subdivision 1 of section 101 of the alcoholic beverage control law is amended by adding a new paragraph (a-1) to read as follows: (A-1) NOTWITHSTANDING THE PROVISIONS OF PARAGRAPH (A) OF THIS SUBDIVI- SION, IT SHALL BE LAWFUL FOR A MANUFACTURER OR WHOLESALER TO HOLD, DIRECTLY OR INDIRECTLY, AN INTEREST IN A PREMISES LICENSED UNDER THIS CHAPTER WHERE ALCOHOLIC BEVERAGES ARE SOLD AT RETAIL, PROVIDED THAT: (I) THE MANUFACTURER OR WHOLESALER DOES NOT, DIRECTLY OR INDIRECTLY, EXERCISE CONTROL OVER OR PARTICIPATE IN THE MANAGEMENT OF THE RETAILER'S BUSINESS OR BUSINESS DECISIONS; (II) THE INTEREST DOES NOT RESULT IN THE RETAILER PURCHASING ALCOHOLIC BEVERAGES FROM THE MANUFACTURER OR WHOLESALER TO THE EXCLUSION, IN WHOLE OR IN PART, OF ALCOHOLIC BEVERAGES OFFERED FOR SALE BY OTHER PERSONS; (III) THE PRODUCTS AND SERVICES OF THE MANUFACTURER OR WHOLESALER ARE NOT OFFERED DISCRIMINATORILY IN THAT THEY ARE OFFERED TO ALL RETAILERS IN THE LOCAL MARKET ON THE SAME TERMS; AND (IV) THE RETAILER PURCHASES ALCOHOLIC BEVERAGES FROM A WHOLESALER LICENSED UNDER THIS CHAPTER WITHOUT AN INTEREST IN THE RETAILER. § 2. Subdivision 1 of section 101 of the alcoholic beverage control law is amended by adding a new paragraph (a-2) to read as follows: (A-2) THE PROVISIONS OF PARAGRAPHS (A) AND (A-1) OF THIS SUBDIVISION SHALL NOT APPLY TO A MANUFACTURER OR WHOLESALER WITH COMPLETE OWNERSHIP OF A PREMISES WHERE ALCOHOLIC BEVERAGES ARE SOLD AT RETAIL. § 3. Subdivision 1 of section 101 of the alcoholic beverage control law is amended by adding a new paragraph (c-1) to read as follows: (C-1) THE DIRECT OR INDIRECT OPERATION AND MANAGEMENT OF A RETAIL PREMISES LICENSED UNDER THIS CHAPTER BY A MANUFACTURER OR WHOLESALER WITH COMPLETE OWNERSHIP OF THE PREMISES SHALL NOT CONSTITUTE A PROHIBIT- ED GIFT OR SERVICE. S. 7505 54 A. 9505 § 4. Section 105 of the alcoholic beverage control law is amended by adding a new subdivision 16-a to read as follows: 16-A. NOTWITHSTANDING THE PROVISIONS OF SUBDIVISION SIXTEEN OF THIS SECTION, IT SHALL BE LAWFUL FOR A RETAIL LICENSEE FOR OFF-PREMISES CONSUMPTION TO HOLD, DIRECTLY OR INDIRECTLY, AN INTEREST IN A MANUFAC- TURER OR WHOLESALER, PROVIDED THAT: (A) THE RETAIL LICENSEE DOES NOT EXERCISE, DIRECT OR INDIRECT, CONTROL OVER OR PARTICIPATE IN THE MANAGEMENT OF THE MANUFACTURER OR WHOLE- SALER'S BUSINESS OR BUSINESS DECISIONS; (B) THE INTEREST DOES NOT RESULT IN THE RETAILER PURCHASING THE MANUFACTURER OR WHOLESALER'S ALCOHOLIC BEVERAGES TO THE EXCLUSION, IN WHOLE OR IN PART, OF ALCOHOLIC BEVERAGES OFFERED FOR SALE BY OTHER PERSONS; AND (C) THE RETAIL LICENSEE PURCHASES ITS ALCOHOLIC BEVERAGES FROM A WHOLESALER LICENSED UNDER THIS CHAPTER THAT THE RETAIL LICENSEE DOES NOT HOLD AN INTEREST IN. § 5. Section 105 of the alcoholic beverage control law is amended by adding a new subdivision 16-b to read as follows: 16-B. THE PROVISIONS OF SUBDIVISIONS SIXTEEN AND SIXTEEN-A OF THIS SECTION SHALL NOT APPLY TO A RETAIL LICENSEE FOR OFF-PREMISES CONSUMP- TION WITH COMPLETE OWNERSHIP OF A MANUFACTURER OR WHOLESALER. § 6. Section 106 of the alcoholic beverage control law is amended by adding a new subdivision 13-a to read as follows: 13-A. NOTWITHSTANDING THE PROVISIONS OF SUBDIVISION THIRTEEN OF THIS SECTION, IT SHALL BE LAWFUL FOR A RETAIL LICENSEE FOR ON-PREMISES CONSUMPTION TO HOLD, DIRECTLY OR INDIRECTLY, AN INTEREST IN A MANUFAC- TURER OR WHOLESALER LICENSED UNDER THIS CHAPTER, PROVIDED THAT: (A) THE RETAIL LICENSEE DOES NOT EXERCISE, DIRECT OR INDIRECT, CONTROL OVER OR PARTICIPATE IN THE MANAGEMENT OF THE MANUFACTURER OR WHOLE- SALER'S BUSINESS OR BUSINESS DECISIONS; (B) THE INTEREST DOES NOT RESULT IN THE RETAILER PURCHASING THE MANUFACTURER OR WHOLESALER'S ALCOHOLIC BEVERAGES TO THE EXCLUSION, IN WHOLE OR IN PART, OF ALCOHOLIC BEVERAGES OFFERED FOR SALE BY OTHER PERSONS; AND (C) THE RETAIL LICENSEE PURCHASES ITS ALCOHOLIC BEVERAGES FROM A WHOLESALER LICENSED UNDER THIS CHAPTER THAT THE RETAIL LICENSEE DOES NOT HOLD AN INTEREST IN. § 7. Section 106 of the alcoholic beverage control law is amended by adding a new subdivision 13-b to read as follows: 13-B. THE PROVISIONS OF PARAGRAPH A OF SUBDIVISION THIRTEEN AND SUBDI- VISION THIRTEEN-A SHALL NOT APPLY TO A RETAIL LICENSEE FOR ON-PREMISES CONSUMPTION WITH COMPLETE OWNERSHIP OF A MANUFACTURER OR WHOLESALER. § 8. This act shall take effect immediately. PART FF Section 1. Paragraph (b) of subdivision 5 of section 106 of the alco- holic beverage control law, as amended by chapter 83 of the laws of 1995, is amended to read as follows: (b) On any other day between four ante meridiem and eight ante meri- diem; PROVIDED, HOWEVER, FOR A PREMISES LOCATED WITHIN AN INTERNATIONAL AIRPORT OWNED OR OPERATED BY THE PORT AUTHORITY OF NEW YORK AND NEW JERSEY, ON ANY OTHER DAY BETWEEN THREE ANTE MERIDIEM AND SIX ANTE MERI- DIEM; PROVIDED FURTHER THAT SUCH HOURS FOR A PREMISES LOCATED WITHIN AN INTERNATIONAL AIRPORT OWNED OR OPERATED BY THE PORT AUTHORITY OF NEW S. 7505 55 A. 9505 YORK AND NEW JERSEY SHALL NOT BE SUBJECT TO CHANGE PURSUANT TO SUBDIVI- SION ELEVEN OF SECTION SEVENTEEN OF THIS CHAPTER. § 2. This act shall take effect immediately. PART GG Section 1. The section heading and subdivisions 1, 2, 3 and 7 of section 87 of the workers' compensation law, the section heading and subdivision 1 as amended and subdivisions 2, 3 and 7 as added by section 20 of part GG of chapter 57 of the laws of 2013, are amended to read as follows: [Investment of surplus or reserve] INVESTMENTS. 1. Any of the reserve funds belonging to the state insurance fund, by order of the commission- ers, approved by the superintendent of financial services, may be invested in the types of [securities] INVESTMENTS described in [subdivi- sions one, two, three, four, five, six, eleven, twelve, twelve-a, thir- teen, 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 in paragraph] PARAGRAPHS ONE THROUGH FOUR OF SUBSECTION (B) OF SECTION ONE THOUSAND FOUR HUNDRED TWO OF THE INSURANCE LAW AND PARAGRAPHS ONE, two, THREE, FOUR, FIVE, SIX, SEVEN, AND ELEVEN of subsection (a) of section one thousand four hundred four of the insurance law except that A MINIMUM OF [up to] five percent of such reserve funds [may] SHALL be invested in the TYPES OF securities [of any solvent American institution as] described in [such paragraph irrespective of the rating of such insti- tution's obligations or other similar qualitative standards described therein] PARAGRAPHS ONE THROUGH FOUR OF SUBSECTION (B) OF SECTION ONE THOUSAND FOUR HUNDRED TWO OF THE INSURANCE LAW. 2. Any [of the surplus] funds belonging to the state insurance fund EXCEEDING SEVENTY PERCENT OF THE AGGREGATE OF LOSS RESERVES, LOSS EXPENSE RESERVES, AND UNEARNED PREMIUM RESERVES, by order of the commis- sioners, approved by the superintendent of financial services, may be invested 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, twen- ty-four-a, twenty-four-b, twenty-four-c and twenty-five of section two hundred thirty-five of the banking law or, up to fifty percent of surplus funds, in the types of securities or] investments described in [paragraphs two, three, eight and ten of] PARAGRAPHS ONE THROUGH FOUR OF SUBSECTION (B) OF SECTION ONE THOUSAND FOUR HUNDRED TWO OF THE INSURANCE LAW AND 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 in the securities of any solvent American institution as described in such paragraphs irrespective of the rating of such insti- tution's obligations or other similar qualitative standards described therein,] BUT SUCH INVESTMENTS SHALL NOT BE SUBJECT TO THE QUALITATIVE STANDARDS OR QUANTITATIVE LIMITATIONS WHICH ARE SET FORTH WITH RESPECT TO ANY INVESTMENT PERMITTED BY SUCH SUBSECTION and, up to fifteen percent of [surplus] SUCH 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 instru- S. 7505 56 A. 9505 ment or derivative transaction except for hedging purposes. [Notwith- standing 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.] 3. Any [of the surplus or reserve] funds belonging to the state insur- ance fund, upon like approval of the superintendent of financial services, may be loaned on the pledge of any such securities. The commissioners, upon like approval of the superintendent of financial services, may also sell any of such securities or investments. 7. Notwithstanding any provision in this section, the [surplus and reserve] funds of the state insurance fund shall not be invested in any investment that has been found by the superintendent of financial services to be against public policy or in any investment prohibited by the provisions of [paragraph six of subsection (a) of section one thou- sand four hundred four of the insurance law or by the provisions of] paragraph one, two, three, four, six, SEVEN, eight, nine or ten of subsection (a) of section one thousand four hundred seven of the insur- ance law OR IN EXCESS OF ANY LIMITATION PROVIDED UNDER SECTIONS ONE THOUSAND FOUR HUNDRED EIGHT AND ONE THOUSAND FOUR HUNDRED NINE OF THE INSURANCE LAW. § 2. This act shall take effect July 1, 2020; provided, however, if this act shall become a law after such date it shall take effect imme- diately and shall be deemed to have been in full force and effect on and after July 1, 2020. PART HH Section 1. Paragraph (a) of subdivision 5 of section 54 of the work- ers' compensation law, as amended by chapter 469 of the laws of 2017, is amended to read as follows: (a) Cancellation and termination of insurance contracts. No contract of insurance issued by an insurance carrier against liability arising under this chapter shall be cancelled within the time limited in such contract for its expiration unless notice is given as required by this section. When cancellation is due to non-payment of premiums and assess- ments, such cancellation shall not be effective until at least ten days after a notice of cancellation of such contract, on a date specified in such notice, shall be filed in the office of the chair and also served on the employer. When cancellation is due to any reason other than non- payment of premiums and assessments, such cancellation shall not be effective until at least thirty days after a notice of cancellation of such contract, on a date specified in such notice, shall be filed in the office of the chair and also served on the employer; provided, however, in either case, that if the employer has secured insurance with another insurance carrier which becomes effective prior to the expiration of the time stated in such notice, the cancellation shall be effective as of the date of such other coverage. No insurer shall refuse to renew any policy insuring against liability arising under this chapter unless at least thirty days prior to its expiration notice of intention not to renew has been filed in the office of the chair and also served on the employer. S. 7505 57 A. 9505 Such notice shall be served on the employer by delivering it to him, her or it or by sending it by mail, by certified or registered letter, return receipt requested, addressed to the employer at his, her or its last known place of business; provided that, if the employer be a part- nership, then such notice may be so given to any of one of the partners, and if the employer be a corporation then the notice may be given to any agent or officer of the corporation upon whom legal process may be served; and further provided that an employer may designate any person or entity at any address to receive such notice including the desig- nation of one person or entity to receive notice on behalf of multiple entities insured under one insurance policy and that service of notice at the address so designated upon the person or entity so designated by delivery or by mail, by certified or registered letter, return receipt requested, shall satisfy the notice requirement of this section. [Provided, however, the] THE right to cancellation of a policy of insur- ance in the state INSURANCE fund, HOWEVER, shall be exercised only for non-payment of premiums and assessments, OR FAILURE BY THE EMPLOYER TO COOPERATE WITH A PAYROLL AUDIT, or as provided in section ninety-four of this chapter. THE STATE INSURANCE FUND MAY CANCEL A POLICY FOR THE EMPLOYER'S FAILURE TO COOPERATE WITH A PAYROLL AUDIT IF THE EMPLOYER FAILS (I) EITHER TO MAKE OR KEEP AN APPOINTMENT DURING REGULAR BUSINESS HOURS WITH A PAYROLL AUDITOR, AFTER THE STATE INSURANCE FUND HAS MADE AT LEAST TWO ATTEMPTS TO ARRANGE AN APPOINTMENT INCLUDING CONTACTING THE EMPLOYER'S BROKER OR ACCOUNTANT, IF ANY, OR (II) TO FURNISH BUSINESS RECORDS IN THE COURSE OF A PAYROLL AUDIT AS REQUIRED PURSUANT TO SECTIONS NINETY-FIVE AND ONE HUNDRED THIRTY-ONE OF THIS CHAPTER. AT LEAST FIFTEEN DAYS IN ADVANCE OF SENDING A NOTICE OF CANCELLATION FOR FAILURE TO COOPERATE WITH A PAYROLL AUDIT, THE STATE INSURANCE FUND SHALL SEND A WARNING NOTICE TO THE EMPLOYER IN THE SAME MANNER AS PROVIDED IN THIS SUBDIVISION FOR SERVING A NOTICE OF CANCELLATION. SUCH NOTICE SHALL SPECIFY A MEANS OF CONTACTING THE STATE INSURANCE FUND TO SET UP AN AUDIT APPOINTMENT. THE STATE INSURANCE FUND WILL BE REQUIRED TO PROVIDE ONLY ONE SUCH WARNING NOTICE TO AN EMPLOYER RELATED TO ANY PARTICULAR PAYROLL AUDIT PRIOR TO CANCELLATION. The provisions of this subdivision shall not apply with respect to policies containing coverage pursuant to subsection (j) of section three thousand four hundred twenty of the insurance law relating to every policy providing comprehensive personal liability insurance on a one, two, three or four family owner-occupied dwelling. In the event such cancellation or termination notice is not filed with the chair within the required time period, the chair shall impose a penalty in the amount of up to five hundred dollars for each ten-day period the insurance carrier or state insurance fund failed to file the notification. All penalties collected pursuant to this subdivision shall be deposited in the uninsured employers' fund. § 2. Section 93 of the workers' compensation law, as amended by section 24 of part GG of chapter 57 of the laws of 2013, is amended to read as follows: § 93. Collection of premium in case of default. a. If a policyholder shall default in any payment required to be made by [him] SUCH POLICY- HOLDER to the state insurance fund OR SHALL FAIL TO COOPERATE WITH A PAYROLL AUDIT AS SPECIFIED IN SUBDIVISION FIVE OF SECTION FIFTY-FOUR OF THIS CHAPTER, after due notice, [his] SUCH POLICYHOLDER'S insurance in the state INSURANCE fund may be cancelled and the amount due from [him] SUCH POLICYHOLDER shall be collected by civil action brought against [him] SUCH POLICYHOLDER in any county wherein the state insurance fund S. 7505 58 A. 9505 maintains an office in the name of the commissioners of the state insur- ance fund and the same, when collected, shall be paid into the state insurance fund, and such policyholder's compliance with the provisions of this chapter requiring payments to be made to the state insurance fund shall date from the time of the payment of said money to the state insurance fund. b. An employer, whose policy of insurance has been cancelled by the state insurance fund for non-payment of premium and assessments, OR FOR FAILURE TO COOPERATE WITH A PAYROLL AUDIT, or [withdraws] CANCELLED pursuant to section ninety-four of this article, is ineligible to contract for a subsequent policy of insurance with the state insurance fund [while] UNTIL THE STATE INSURANCE FUND RECEIVES FULL COOPERATION FROM SUCH EMPLOYER IN COMPLETING ANY PAYROLL AUDIT ON THE CANCELLED POLICY AND the billed premium on the cancelled policy [remains uncol- lected] IS PAID, INCLUDING ANY ADDITIONAL AMOUNTS BILLED FOLLOWING THE COMPLETION OF ANY PAYROLL AUDIT. c. The state insurance fund shall not be required to write a policy of insurance for any employer which is owned or controlled or the majority interest of which is owned or controlled, directly or indirectly, by any person who directly or indirectly owns or controls or owned or controlled at the time of cancellation an employer whose former policy of insurance with the state insurance fund was cancelled for non-payment of premium and assessments, OR FOR FAILURE TO COOPERATE WITH A PAYROLL AUDIT, or [withdraws] CANCELLED pursuant to section ninety-four of this article, or who is or was at the time of cancellation the president, vice-president, secretary or treasurer of such an employer until THE STATE INSURANCE FUND RECEIVES FULL COOPERATION FROM SUCH EMPLOYER IN COMPLETING ANY PAYROLL AUDIT AND the billed premium on the cancelled policy is paid, INCLUDING ANY ADDITIONAL AMOUNTS BILLED FOLLOWING THE COMPLETION OF ANY PAYROLL AUDIT. For purposes of this subdivision, "person" [shall include individuals, partnerships, corporations, and other associations] MEANS ANY INDIVID- UAL, FIRM, COMPANY, PARTNERSHIP, CORPORATION, LIMITED LIABILITY COMPANY, JOINT VENTURE, JOINT-STOCK ASSOCIATION, ASSOCIATION, TRUST OR ANY OTHER LEGAL ENTITY WHATSOEVER. § 3. Section 95 of the workers' compensation law, as amended by chap- ter 135 of the laws of 1998, is amended to read as follows: § 95. Record and audit of payrolls. (1) Every employer who is insured in the state insurance fund shall keep a true and accurate record of the number of [his] ITS employees, THE CLASSIFICATION OF ITS EMPLOYEES, INFORMATION REGARDING EMPLOYEE ACCIDENTS and the wages paid by [him] SUCH EMPLOYER, AS WELL AS SUCH RECORDS RELATING TO ANY PERSON PERFORMING SERVICES UNDER A SUBCONTRACT WITH SUCH EMPLOYER WHO IS NOT COVERED UNDER THE SUBCONTRACTOR'S OWN WORKERS' COMPENSATION INSURANCE POLICY, and shall furnish, upon demand, a sworn statement of the same. Such record AND ANY OTHER RECORDS OF AN EMPLOYER CONTAINING SUCH INFORMATION PERTAINING TO ANY POLICY PERIOD INCLUDING, BUT NOT LIMITED TO, ANY PAYROLL BOOK, PAYROLL AND DISTRIBUTION RECORDS, CASH BOOK, CHECK BOOK, BANK ACCOUNT STATEMENTS, COMMISSION RECORDS, LEDGERS, JOURNALS, REGIS- TERS, VOUCHERS, CONTRACTS, TAX RETURNS AND REPORTS, AND COMPUTER PROGRAMS FOR RETRIEVING DATA, CERTIFICATES OF INSURANCE PERTAINING TO SUBCONTRACTORS AND ANY OTHER BUSINESS RECORDS SPECIFIED BY THE RULES OF THE BOARD shall be open to inspection BY THE STATE INSURANCE FUND at any time and as often as may be necessary to verify the number of employees [and], the amount of the payroll, THE CLASSIFICATION OF EMPLOYEES AND INFORMATION REGARDING EMPLOYEE ACCIDENTS. Any employer who shall fail S. 7505 59 A. 9505 to keep [such] ANY record REQUIRED BY THIS SECTION, who shall willfully fail to furnish such record or who shall willfully falsify any such record[,] shall be guilty of a misdemeanor AND SUBJECT TO ANY PENALTIES OTHERWISE PROVIDED BY LAW. (2) Employers subject to [subdivision] SUBSECTION (e) of section two thousand three hundred four of the insurance law and subdivision two of section eighty-nine of this article shall keep a true and accurate record of hours worked for all construction classification employees. The willful failure to keep such record, or the knowing falsification of any such record, may be prosecuted as insurance fraud in accordance with the provisions of section 176.05 of the penal law. § 4. Subdivision 1 of section 131 of the workers' compensation law, as amended by chapter 6 of the laws of 2007, is amended to read as follows: (1) Every employer subject to the provisions of this chapter shall keep a true and accurate record of the number of [his or her] ITS employees, the classification of ITS employees, information regarding employee accidents and the wages paid by [him or her] SUCH EMPLOYER for a period of four years after each entry therein, [which] AS WELL AS SUCH RECORDS RELATING TO ANY PERSON PERFORMING SERVICES UNDER A SUBCONTRACT OF SUCH EMPLOYER THAT IS NOT COVERED UNDER THE SUBCONTRACTOR'S OWN WORK- ERS' COMPENSATION INSURANCE POLICY. SUCH records shall be open to inspection at any time, and as often as may be necessary to verify the same by investigators of the board, by the authorized auditors, account- ants or inspectors of the carrier with whom the employer is insured, or by the authorized auditors, accountants or inspectors of any workers' compensation insurance rating board or bureau operating under the authority of the insurance law and of which board or bureau such carrier is a member or the group trust of which the employer is a member. Any and all records required by law to be kept by such employer upon which the employer makes or files a return concerning wages paid to employees AND ANY OTHER RECORDS OF AN EMPLOYER CONTAINING SUCH INFORMATION PERTAINING TO ANY POLICY PERIOD INCLUDING, BUT NOT LIMITED TO, ANY PAYROLL BOOK, PAYROLL AND DISTRIBUTION RECORDS, CASH BOOK, CHECK BOOK, BANK ACCOUNT STATEMENTS, COMMISSION RECORDS, LEDGERS, JOURNALS, REGIS- TERS, VOUCHERS, CONTRACTS, TAX RETURNS AND REPORTS, AND COMPUTER PROGRAMS FOR RETRIEVING DATA, CERTIFICATES OF INSURANCE PERTAINING TO SUBCONTRACTORS AND ANY OTHER BUSINESS RECORDS SPECIFIED BY THE RULES OF THE BOARD shall form part of the records described in this section and shall be open to inspection in the same manner as provided in this section. Any employer who shall fail to keep such records, who shall willfully fail to furnish such record as required in this section or who shall falsify any such records, shall be guilty of a misdemeanor and subject to a fine of not less than five nor more than ten thousand dollars in addition to any other penalties otherwise provided by law, except that any such employer that has previously been subject to crimi- nal penalties under this section within the prior ten years shall be guilty of a class E felony, and subject to a fine of not less than ten nor more than twenty-five thousand dollars in addition to any penalties otherwise provided by law. § 5. This act shall take effect July 1, 2020. PART II Section 1. Section 76 of the workers' compensation law is amended by adding a new subdivision 1-a to read as follows: S. 7505 60 A. 9505 1-A. A. THE PURPOSES OF THE STATE INSURANCE FUND ARE HEREBY ENLARGED TO PERMIT IT TO ENTER AGREEMENTS WITH INSURERS LICENSED TO WRITE WORK- ERS' COMPENSATION INSURANCE IN STATES OUTSIDE NEW YORK TO ISSUE POLICIES TO STATE INSURANCE FUND POLICYHOLDERS COVERING THOSE POLICYHOLDERS' OBLIGATIONS TO SECURE THE PAYMENT OF WORKERS' COMPENSATION BENEFITS UNDER THE LAWS OF STATES OTHER THAN NEW YORK. THE STATE INSURANCE FUND SHALL ALSO BE AUTHORIZED TO RECEIVE PREMIUMS INTO ITS WORKERS' COMPEN- SATION FUND FOR POLICIES WRITTEN UNDER SUCH AGREEMENTS AND TO PAY FROM SUCH FUND: (I) REIMBURSEMENT OF ALL LOSSES AND LOSS ADJUSTMENT EXPENSES PAID BY A LICENSED INSURER UNDER SUCH POLICIES; AND (II) FEES TO SUCH A LICENSED INSURER FOR ADMINISTERING CLAIMS AND POLICIES COVERED BY SUCH AGREEMENTS. B. FOR A POLICYHOLDER TO BE ELIGIBLE FOR INSURANCE IN STATES OTHER THAN NEW YORK PROVIDED THROUGH AGREEMENTS ENTERED UNDER THIS SUBDIVI- SION, EITHER: (I) THE POLICYHOLDER'S WORKERS' COMPENSATION PREMIUMS WITH THE STATE INSURANCE FUND COVERING ITS EMPLOYEES UNDER THIS CHAPTER MUST BE GREATER THAN THE PREMIUMS CHARGED TO COVER THE POLICYHOLDER'S OBLI- GATIONS TO PAY WORKERS' COMPENSATION BENEFITS IN ALL STATES, IN THE AGGREGATE, OTHER THAN NEW YORK; OR (II) THE PAYROLL FOR THE POLICYHOLDER'S OPERATIONS IN NEW YORK MUST BE GREATER THAN THE POLICYHOLDER'S PAYROLL IN ALL STATES, IN THE AGGREGATE, OTHER THAN NEW YORK FOR THE PRIOR POLICY PERIOD. FOR DETERMINING ELIGIBILITY, "PREMI- UMS" MEAN ESTIMATED PREMIUMS AS DETERMINED BY THE STATE INSURANCE FUND AT THE BEGINNING OF THE POLICY PERIOD. IN ADDITION, FOR A POLICYHOLDER TO BE ELIGIBLE FOR INSURANCE IN STATES OTHER THAN NEW YORK THROUGH THE STATE INSURANCE FUND, THE POLICYHOLDER MUST MEET THE STATE INSURANCE FUND'S UNDERWRITING CRITERIA FOR OTHER STATES COVERAGE AS SPECIFIED BY RULES OF THE COMMISSIONERS. § 2. This act shall take effect immediately. PART JJ Section 1. Section 9-211 of the election law is amended by adding a new subdivision 6 to read as follows: 6. (A) NOTWITHSTANDING ANY OTHER PROVISION OF LAW, WITHIN FIFTEEN DAYS AFTER EACH GENERAL, SPECIAL OR PRIMARY ELECTION CONDUCTED BY THE BOARD OF ELECTIONS, THE BOARD OF ELECTIONS OR A BIPARTISAN COMMITTEE APPOINTED BY SUCH BOARD SHALL CONDUCT A COMPLETE AUDIT OF THE VOTER VERIFIABLE AUDIT RECORDS OF EVERY VOTING MACHINE OR SYSTEM WITHIN THE JURISDICTION OF SUCH BOARD IN THE FOLLOWING CIRCUMSTANCES: (I) IN A STATE-WIDE ELECTION WHERE A 0.2% MARGIN OF VICTORY EXISTS. (II) IN ANY PUBLIC ELECTION THAT IS NOT A STATE-WIDE ELECTION WHERE A 0.5% MARGIN OF VICTORY EXISTS. (B) FOR THE PURPOSES OF THIS SECTION, MARGIN OF VICTORY SHALL MEAN THE MARGIN OF VICTORY FOR ALL VOTES CAST IN THE ENTIRE ELECTION FOLLOWING THE INITIAL CANVASS OF VOTES. (C) AUDITS UNDER THIS SECTION SHALL BE PERFORMED MANUALLY. § 2. 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 election held 120 days or more after such effective date. PART KK Section 1. Section 54-l of the state finance law, as added by section 1 of part J of chapter 57 of 2011, paragraph b of subdivision 2 as amended by section 1 of part X of chapter 55 of the laws of 2014 and S. 7505 61 A. 9505 subdivision 5 as added by section 5 of part S of chapter 39 of the laws of 2019, is amended to read as follows: § 54-l. State assistance to eligible cities [and eligible munici- palities] in which a video lottery gaming facility is located. 1. Defi- nitions. When used in this section, unless otherwise expressly stated: [a.] "Eligible city" shall mean a city with a population equal to or greater than one hundred twenty-five thousand and less than one million in which a video lottery gaming facility is located and operating as of January first, two thousand nine pursuant to section sixteen hundred seventeen-a of the tax law. [b. "Eligible municipality" shall mean a county, city, town or village in which a video lottery gaming facility is located pursuant to section sixteen hundred seventeen-a of the tax law that is not located in a city with a population equal to or greater than one hundred twenty-five thou- sand.] 2. [a.] Within the amount appropriated therefor, an eligible city shall receive an amount equal to the state aid payment received in the state fiscal year commencing April first, two thousand eight from an appropriation for aid to municipalities with video lottery gaming facil- ities. [b. Within the amounts appropriated therefor, eligible municipalities shall receive an amount equal to seventy percent of the state aid payment received in the state fiscal year commencing April first, two thousand eight from an appropriation for aid to municipalities with video lottery gaming facilities.] 3. [a.] State aid payments made to an eligible city pursuant to [para- graph a of] subdivision two of this section shall be used to increase support for public schools in such city. [b. State aid payments made to an eligible municipality pursuant to paragraph b of subdivision two of this section shall be used by such eligible municipality to: (i) defray local costs associated with a video lottery gaming facility, or (ii) minimize or reduce real property taxes.] 4. Payments of state aid pursuant to this section shall be made on or before June thirtieth of each state fiscal year to the chief fiscal officer of each eligible city [and each eligible municipality] 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 in the general fund of the state treasury. [5. The town and county in which the facility defined in paragraph five of subdivision a of section sixteen hundred seventeen-a of the tax law is located shall receive assistance payments made pursuant to this section at the same dollar level realized by the village of Monticello, Sullivan county, the town of Thompson, Sullivan county, and Sullivan county. Each village in which the facility defined in paragraph five of subdivision a of section sixteen hundred seventeen-a of the tax law is located shall receive assistance payments made pursuant to this section at the rate of fifty percent of the dollar level realized by the village of Monticello. Any payments made pursuant to this subdivision shall not commence until the facility defined in paragraph five of subdivision a of section sixteen hundred seventeen-a of the tax law has realized revenue for a period of twelve consecutive months.] § 2. This act shall take effect immediately. PART LL S. 7505 62 A. 9505 Section 1. Subdivision 8 of section 239-bb of the general municipal law, as added by section 1 of part EE of chapter 55 of the laws of 2018, is amended to read as follows: 8. For each county, new shared services actions [not included] in [a previously] AN approved and submitted plan pursuant to this section or part BBB of chapter fifty-nine of the laws of two thousand seventeen, may be eligible for funding to match savings from such action, subject to available appropriation. Savings that are actually and demonstrably realized by the participating local governments are eligible for match- ing funding. For actions that are part of an approved plan transmitted to the secretary of state in accordance with paragraph b of subdivision seven of this section, savings achieved [from] DURING EITHER: (I) Janu- ary first through December thirty-first from new actions implemented on or after January first through December thirty-first of the year imme- diately following an approved [and transmitted] plan, OR (II) JULY FIRST OF THE YEAR IMMEDIATELY FOLLOWING AN APPROVED PLAN THROUGH JUNE THIRTI- ETH OF THE SUBSEQUENT YEAR FROM NEW ACTIONS IMPLEMENTED JULY FIRST OF THE YEAR IMMEDIATELY FOLLOWING AN APPROVED PLAN THROUGH JUNE THIRTIETH OF THE SUBSEQUENT YEAR may be eligible for matching funding. Only net savings between local governments for each action would be eligible for matching funding. Savings from internal efficiencies or any other action taken by a local government without the participation of another local government are not eligible for matching funding. Each county and all of the local governments within the county that are part of any action to be implemented as part of an approved plan must collectively apply for the matching funding and agree on the distribution and use of any match- ing funding in order to qualify for matching funding. EACH COUNTY SHALL BE AUTHORIZED TO SUBMIT ONE CONSOLIDATED APPLICATION FOR MATCHING FUNDS FOR EACH APPROVED AND TRANSMITTED PLAN. ALL ACTIONS FROM A PLAN FOR WHICH MATCHING FUNDS WILL BE REQUESTED SHALL ADHERE TO THE SAME TWELVE- MONTH PERIOD BEGINNING EITHER JANUARY FIRST OR JULY FIRST. THE SECRETARY OF STATE SHALL DEVELOP THE APPLICATION WITH ANY NECESSARY REQUIREMENTS FOR RECEIPT OF STATE MATCHING FUNDS. § 2. This act shall take effect immediately. PART MM Section 1. Subdivision 1 of section 160.05 of the local finance law, as added by chapter 67 of the laws of 2013, is amended to read as follows: 1. There shall be a financial restructuring board for local govern- ments which shall consist of ten members: the director of the budget who shall be chair of the board, the attorney general, the state comp- troller, and the secretary of state, each of whom may designate a repre- sentative to attend sessions of the board on his or her behalf, and six members appointed by the governor, one of whom upon the recommendation of the temporary president of the senate, one of whom upon the recommen- dation of the speaker of the assembly, and four other members appointed by the governor, one of whom shall have significant experience in munic- ipal financial and restructuring matters. In making such appointments, the governor shall consider regional diversity. Appointees shall serve at the pleasure of his or her appointing authority. The appointee of the governor who has been designated as having significant experience in municipal financial and restructuring matters shall receive fair compen- sation for his or her services performed pursuant to this section in an amount to be determined by the director of the budget and all members S. 7505 63 A. 9505 shall be reimbursed for all reasonable expenses actually and necessarily incurred by him or her in the performance of his or her duties. The board shall have the power to act by an affirmative vote of a majority of the total number of members PRESENT AT THE MEETING and shall render its findings and recommendations within six months of being requested to act by a fiscally eligible municipality. The provisions of section seventeen of the public officers law shall apply to members of the board. No member of the board shall be held liable for the performance of any function or duty authorized by this section. The work of the board shall be conducted with such staff as the director of the budget, the secretary of state, the attorney general and the state comptroller shall make available. All proceedings, meetings and hearings conducted by the board shall be held in the city of Albany. § 2. This act shall take effect immediately. PART NN Section 1. Paragraph 3 of subdivision (c) of section 1261 of the tax law, as amended by section 9 of part SS-1 of chapter 57 of the laws of 2008, is amended to read as follows: (3) However, the taxes, penalties and interest which (i) the county of Nassau, (ii) the county of Erie, to the extent the county of Erie is contractually or statutorily obligated to allocate and apply or pay net collections to the city of Buffalo and to the extent that such county has set aside net collections for educational purposes attributable to the Buffalo school district, or the city of Buffalo or (iii) the county of Erie is authorized to impose pursuant to section twelve hundred ten of this article, other than such taxes in the amounts described, respec- tively, in subdivisions one and two of section one thousand two hundred sixty-two-e of this part, during the period that such section authorizes Nassau county to establish special or local assistance programs there- under, together with any penalties and interest related thereto, and after the comptroller has reserved such refund fund and such costs, shall, commencing on the next payment date after the effective date of this sentence and of each month thereafter, until such date as (i) the Nassau county interim finance authority shall have no obligations outstanding, or (ii) the Buffalo fiscal stability authority shall cease to exist, or (iii) the Erie county fiscal stability authority shall cease to exist, be paid by the comptroller, respectively, to (i) the Nassau county interim finance authority to be applied by the Nassau county interim finance authority, or (ii) to the Buffalo fiscal stabili- ty authority to be applied by the Buffalo fiscal stability authority, or (iii) to the Erie county fiscal stability authority to be applied by the Erie county fiscal stability authority, as the case may be, in the following order of priority: first pursuant to the Nassau county interim finance authority's contracts with bondholders or the Buffalo fiscal stability authority's contracts with bondholders or the Erie county fiscal stability authority's contracts with bondholders, respectively, then to pay the Nassau county interim finance authority's operating expenses not otherwise provided for or the Buffalo fiscal stability authority's operating expenses not otherwise provided for or the Erie county fiscal stability authority's operating expenses not otherwise provided for, respectively, THEN (I) FOR THE NASSAU COUNTY INTERIM FINANCE AUTHORITY TO PAY TO THE STATE AS SOON AS PRACTICABLE IN THE MONTHS OF MAY AND DECEMBER EACH YEAR, THE AMOUNT NECESSARY TO FULFILL THE TOWN AND VILLAGE DISTRIBUTION REQUIREMENT ON BEHALF OF NASSAU COUNTY S. 7505 64 A. 9505 PURSUANT TO PARAGRAPH FIVE-A OF THIS SUBDIVISION, OR (II) FOR THE BUFFALO FISCAL STABILITY AUTHORITY TO PAY TO THE STATE AS SOON AS PRAC- TICABLE IN THE MONTHS OF MAY AND DECEMBER EACH YEAR, THE PERCENTAGE OF THE AMOUNT NECESSARY TO FULFILL THE TOWN AND VILLAGE DISTRIBUTION REQUIREMENT ON BEHALF OF ERIE COUNTY PURSUANT TO PARAGRAPH FIVE-A OF THIS SUBDIVISION THAT EQUATES TO THE PERCENTAGE OF THE COUNTY NET COLLECTIONS THAT THE CITY OF BUFFALO AND THE BUFFALO CITY SCHOOL DISTRICT, TOGETHER, ARE DUE IN THE MONTHS OF MAY AND DECEMBER EACH YEAR, OR (III) FOR THE ERIE COUNTY FISCAL STABILITY AUTHORITY TO PAY TO THE STATE AS SOON AS PRACTICABLE IN THE MONTHS OF MAY AND DECEMBER EACH YEAR, THE AMOUNT NECESSARY TO FULFILL THE TOWN AND VILLAGE DISTRIBUTION REQUIREMENT ON BEHALF OF ERIE COUNTY PURSUANT TO PARAGRAPH FIVE-A OF THIS SUBDIVISION, LESS THE AMOUNT BEING PAID TO THE STATE BY THE BUFFALO FISCAL STABILITY AUTHORITY IN EACH RESPECTIVE MONTH, and then (i) pursu- ant to the Nassau county interim finance authority's agreements with the county of Nassau, which agreements shall require the Nassau county interim finance authority to transfer such taxes, penalties and interest remaining after providing for contractual or other obligations of the Nassau county interim finance authority, and subject to any agreement between such authority and the county of Nassau, to the county of Nassau as frequently as practicable; or (ii) pursuant to the Buffalo fiscal stability authority's agreements with the city of Buffalo, which agree- ments shall require the Buffalo fiscal stability authority to transfer such taxes, penalties and interest remaining after providing for contractual or other obligations of the Buffalo fiscal stability author- ity, and subject to any agreement between such authority and the city of Buffalo, to the city of Buffalo or the city of Buffalo school district, as the case may be, as frequently as practicable; or (iii) pursuant to the Erie county fiscal stability authority's agreements with the county of Erie, which agreements shall require the Erie county fiscal stability authority to transfer such taxes, penalties and interest remaining after providing for contractual or other obligations of the Erie county fiscal stability authority, and subject to any agreement between such authority and the county of Erie, to the county of Erie as frequently as practica- ble. During the period that the comptroller is required to make payments to the Nassau county interim finance authority described in the previous sentence, the county of Nassau shall have no right, title or interest in or to such taxes, penalties and interest required to be paid to the Nassau county interim finance authority, except as provided in such authority's agreements with the county of Nassau. During the period that the comptroller is required to make payments to the Buffalo fiscal stability authority described in the second previous sentence, the city of Buffalo and such school district shall have no right, title or inter- est in or to such taxes, penalties and interest required to be paid to the Buffalo fiscal stability authority, except as provided in such authority's agreements with the city of Buffalo. During the period that the comptroller is required to make payments to the Erie county fiscal stability authority described in the third previous sentence, the county of Erie shall have no right, title or interest in or to such taxes, penalties and interest required to be paid to the Erie county fiscal stability authority, except as provided in such authority's agreements with the county of Erie. § 2. Paragraph 5-a of subdivision (c) of section 1261 of the tax law, as added by section 3 of part PPP of chapter 59 of the laws of 2019, is amended to read as follows: S. 7505 65 A. 9505 (5-a) However, after the comptroller has made the payments TO THE NASSAU COUNTY INTERIM FINANCE AUTHORITY, THE BUFFALO FISCAL STABILITY AUTHORITY, AND THE ERIE COUNTY FISCAL STABILITY AUTHORITY required by [paragraphs two,] PARAGRAPH three [and five] of this subdivision, for each municipality that received a base level grant in state fiscal year two thousand eighteen-two thousand nineteen but not in state fiscal year two thousand nineteen-two thousand twenty under the aid and incentives for municipalities program pursuant to subdivision ten of section fifty-four of the state finance law, the comptroller shall annually withhold FROM EACH COUNTY EXCEPT NASSAU AND ERIE from the remaining taxes, penalties and interest imposed by the county in which a majority of the population of such municipality resides, AND ON BEHALF OF NASSAU AND ERIE COUNTIES THE COMPTROLLER SHALL ANNUALLY RECEIVE FROM THE NASSAU COUNTY INTERIM FINANCE AUTHORITY, THE BUFFALO FISCAL STABILITY AUTHORI- TY, AND THE ERIE COUNTY FISCAL STABILITY AUTHORITY, an amount equal to the base level grant received by such municipality in state fiscal year two thousand eighteen-two thousand nineteen and shall annually distrib- ute, by December fifteenth, two thousand nineteen and by such date annu- ally thereafter, such amount directly to such municipality, unless such municipality has a fiscal year ending May thirty-first, then such annual distribution shall be made by May fifteenth, two thousand twenty and by such date annually thereafter. No county shall have any right, title or interest in or to the taxes, penalties and interest required to be with- held [and] OR distributed pursuant to this paragraph. § 3. Subdivision 5 of section 3657 of the public authorities law, as added by chapter 84 of the laws of 2000, is amended to read as follows: 5. Tax revenues received by the authority pursuant to section twelve hundred sixty-one of the tax law, together with any other revenues received by the authority, shall be applied in the following order of priority: first pursuant to the authority's contracts with bondholders, then to pay the authority's operating expenses not otherwise provided for, THEN TO PAY TO THE STATE PURSUANT TO PARAGRAPH THREE OF SUBDIVISION (C) OF SECTION TWELVE HUNDRED SIXTY-ONE OF THE TAX LAW, and then, subject to the authority's agreements with the county, to transfer the balance of such tax revenues not required to meet contractual or other obligations of the authority to the county as frequently as practicable. § 4. Subdivision 5 of section 3865 of the public authorities law, as amended by chapter 86 of the laws of 2004, is amended to read as follows: 5. Revenues of the authority shall be applied in the following order of priority: first to pay debt service or for set asides to pay debt service on the authority's bonds, notes, or other obligations and to replenish any reserve funds securing such bonds, notes or other obli- gations of the authority, in accordance with the provision of any inden- ture or bond resolution of the authority; then to pay the authority's operating expenses not otherwise provided for; THEN TO PAY TO THE STATE PURSUANT TO PARAGRAPH THREE OF SUBDIVISION (C) OF SECTION TWELVE HUNDRED SIXTY-ONE OF THE TAX LAW; and then, subject to the authority's agreement with the city, for itself or on behalf of the city's dependent school district and any other covered organization, to transfer as frequently as practicable the balance of revenues not required to meet contractual or other obligations of the authority to the city or the city's depend- ent school district as provided in subdivision seven of this section. § 5. Subdivision 5 of section 3965 of the public authorities law, as added by chapter 182 of the laws of 2005, is amended to read as follows: S. 7505 66 A. 9505 5. Revenues of the authority shall be applied in the following order of priority: first to pay debt service or for set asides to pay debt service on the authority's bonds, notes, or other obligations and to replenish any reserve funds securing such bonds, notes or other obli- gations of the authority in accordance with the provision of indenture or bond resolution of the authority; then to pay the authority's operat- ing expenses not otherwise provided for; THEN TO PAY TO THE STATE PURSU- ANT TO PARAGRAPH THREE OF SUBDIVISION (C) OF SECTION TWELVE HUNDRED SIXTY-ONE OF THE TAX LAW; and then, subject to the authority's agree- ments with the county for itself or on behalf of any covered organiza- tion to transfer as frequently as practicable the balance of revenues not required to meet contractual or other obligations of the authority to the county as provided in subdivision seven of this section. § 6. This act shall take effect immediately. PART OO Section 1. Section 217 of the county law is amended to read as follows: § 217. County jail. Each county shall continue to maintain a county jail as prescribed by law; PROVIDED, HOWEVER, THIS SECTION SHALL NOT PROHIBIT COUNTIES FROM JOINTLY MAINTAINING A COUNTY JAIL PURSUANT TO A SHARED SERVICES AGREEMENT. § 2. Subdivision 1 of section 500-a of the correction law is amended by adding a new paragraph (h) to read as follows: (H) NOTWITHSTANDING ANY OTHER LAW TO THE CONTRARY, NOTHING IN THIS SUBDIVISION SHALL PROHIBIT COUNTIES FROM JOINTLY MAINTAINING A COUNTY JAIL PURSUANT TO A SHARED SERVICES AGREEMENT. § 3. Subdivision 1 of section 500-c of the correction law, as added by chapter 907 of the laws of 1984, is amended to read as follows: 1. Except as provided in subdivision two of this section, the sheriff of each county shall have custody of the county jail of such county; PROVIDED HOWEVER, THAT FOR COUNTIES JOINTLY MAINTAINING A COUNTY JAIL PURSUANT TO A SHARED SERVICES AGREEMENT, THE SHERIFF OF THE COUNTY IN WHICH SUCH JAIL IS LOCATED SHALL CONSULT WITH THE SHERIFF OF ANY COUNTY USING THE JAIL PURSUANT TO A SHARED SERVICES AGREEMENT. § 4. Section 500 of the correction law, as amended by chapter 131 of the laws of 2014, is amended to read as follows: § 500. Application of article. The provisions of this article shall apply to any all local correctional facilities as defined by subdivision sixteen of section two of this chapter AND SHALL APPLY TO ANY COUNTY JAIL MAINTAINED BY MORE THAN ONE COUNTY PURSUANT TO A SHARED SERVICES AGREEMENT. § 5. Subdivision 2 of section 40 of the correction law, as amended by chapter 247 of the laws of 2018, is amended to read as follows: 2. "Local correctional facility" means any jail, penitentiary, state, county or municipal lockup, court detention pen, hospital prison ward or specialized secure juvenile detention facility for older youth, OR JAIL JOINTLY MAINTAINED BY MORE THAN ONE COUNTY PURSUANT TO A SHARED SERVICES AGREEMENT. § 6. Subdivision 1 of section 751 of the judiciary law, as amended by chapter 399 of the laws of 1988, is amended to read as follows: 1. Except as provided in subdivisions (2), (3) and (4), punishment for a contempt, specified in section seven hundred fifty, may be by fine, not exceeding one thousand dollars, or by imprisonment, not exceeding thirty days, in the jail of the county where the court is sitting, or S. 7505 67 A. 9505 both, in the discretion of the court. IF THE COUNTY JAIL IN WHICH THE COURT IS SITTING HAS ENTERED INTO A SHARED SERVICES AGREEMENT TO MAIN- TAIN A JOINT COUNTY JAIL, THE PERSON MAY BE IMPRISONED IN A JAIL IN ANOTHER COUNTY THAT IS A PARTY TO THAT AGREEMENT. Where the punishment for contempt is based on a violation of an order of protection issued under section 530.12 or 530.13 of the criminal procedure law, imprison- ment may be for a term not exceeding three months. Where a person is committed to jail, for the nonpayment of a fine, imposed under this section, he must be discharged at the expiration of thirty days; but where he is also committed for a definite time, the thirty days must be computed from the expiration of the definite time. Such a contempt, committed in the immediate view and presence of the court, may be punished summarily; when not so committed, the party charged must be notified of the accusation, and have a reasonable time to make a defense. § 7. This act shall take effect immediately; provided that the amend- ments to subdivision 1 of section 500-c of the correction law made by section three of this act shall not affect the repeal of such section and shall be deemed repealed therewith. PART PP Section 1. Subparagraph 9 of paragraph d of subdivision 5 of part B of section 236 of the domestic relations law, as amended by chapter 281 of the laws of 1980 and as renumbered by chapter 229 of the laws of 2009, is amended to read as follows: (9) the probable future financial circumstances of each party INCLUD- ING ACTS OF DOMESTIC VIOLENCE AS PROVIDED IN SECTION FOUR HUNDRED FIFTY-NINE-A OF THE SOCIAL SERVICES LAW BY ONE PARTY AGAINST ANOTHER THAT HAVE INHIBITED OR CONTINUE TO INHIBIT A PARTY'S EARNING CAPACITY OR ABILITY TO OBTAIN MEANINGFUL EMPLOYMENT; § 2. This act shall take effect on the thirtieth day after it shall have become a law. PART QQ Section 1. The public authorities law is amended by adding a new section 3 to read as follows: § 3. PAY EQUITY. 1. IN ORDER TO ATTRACT UNUSUAL MERIT AND ABILITY TO THE SERVICE OF PUBLIC AUTHORITIES IN THE STATE OF NEW YORK, TO STIMULATE HIGHER EFFICIENCY AMONG THE PERSONNEL, TO PROVIDE SKILLED LEADERSHIP IN ADMINISTRATION, TO REWARD MERIT AND TO INSURE THE HIGHEST RETURN IN SERVICES FOR THE NECESSARY COSTS OF ADMINISTRATION, IT IS HEREBY DECLARED THAT PUBLIC AUTHORITIES SHALL, CONSISTENT WITH THE FEDERAL EQUAL PAY ACT OF 1963 (29 U.S.C. § 206), THE FEDERAL CIVIL RIGHTS ACT (42 U.S.C. § 2000E-2), ARTICLE FIFTEEN OF THE EXECUTIVE LAW, AND SECTION FORTY-C OF THE CIVIL RIGHTS LAW, ENSURE A FAIR, NON-BIASED COMPENSATION STRUCTURE FOR ALL EMPLOYEES IN WHICH STATUS WITHIN ONE OR MORE PROTECTED CLASS OR CLASSES IS NOT CONSIDERED EITHER DIRECTLY OR INDIRECTLY IN DETERMINING THE PROPER COMPENSATION FOR A TITLE OR IN DETERMINING THE PAY FOR ANY INDIVIDUAL OR GROUP OF EMPLOYEES, ENSURE THAT NO EMPLOYEE WITH STATUS WITHIN ONE OR MORE PROTECTED CLASS OR CLASSES SHALL BE PAID A WAGE AT A RATE LESS THAN THE RATE AT WHICH AN EMPLOYEE WITHOUT STATUS WITHIN THE SAME PROTECTED CLASS OR CLASSES IN THE SAME ESTABLISHMENT IS PAID FOR SIMILAR WORK OR SUBSTANTIALLY SIMILAR WORK AND PROVIDE REGULAR S. 7505 68 A. 9505 INCREASES IN PAY IN PROPER PROPORTION TO INCREASE OF ABILITY, INCREASE OF OUTPUT AND INCREASE OF QUALITY OF WORK DEMONSTRATED IN SERVICE. 2. FOR THE PURPOSE OF THIS SECTION: (A) THE TERM "PROTECTED CLASS" INCLUDES AGE, RACE, CREED, COLOR, NATIONAL ORIGIN, SEXUAL ORIENTATION, GENDER IDENTITY OR EXPRESSION, MILITARY STATUS, SEX, DISABILITY, PREDISPOSING GENETIC CHARACTERISTICS, FAMILIAL STATUS, MARITAL STATUS, OR DOMESTIC VIOLENCE VICTIM STATUS, AND ANY EMPLOYEE PROTECTED FROM DISCRIMINATION PURSUANT TO PARAGRAPHS (A), (B), AND (C) OF SUBDIVISION ONE OF SECTION TWO HUNDRED NINETY-SIX OF THE EXECUTIVE LAW, AND ANY INTERN PROTECTED FROM DISCRIMINATION PURSUANT TO SECTION TWO HUNDRED NINETY-SIX-C OF THE EXECUTIVE LAW. (B) THE TERM "COMPENSATION" SHALL INCLUDE BUT NOT BE LIMITED TO: ALL EARNINGS OF AN EMPLOYEE FOR LABOR OR SERVICES RENDERED, REGARDLESS OF WHETHER THE AMOUNT OF EARNINGS IS PAID ON AN ANNUAL SALARY, HOURLY, BIWEEKLY OR PER DIEM BASIS; REIMBURSEMENT FOR EXPENSES; HEALTH, WELFARE AND RETIREMENT BENEFITS; AND VACATION PAY, SICK PAY, SEPARATION OR HOLI- DAY PAY, OR ANY OTHER FORM OF REMUNERATION. (C) EMPLOYEES SHALL BE DEEMED TO WORK IN THE SAME ESTABLISHMENT IF THE EMPLOYEES WORK FOR THE SAME EMPLOYER AT WORKPLACES LOCATED IN THE SAME GEOGRAPHICAL REGION, NO LARGER THAN A COUNTY, TAKING INTO ACCOUNT POPU- LATION DISTRIBUTION, ECONOMIC ACTIVITY, AND/OR THE PRESENCE OF MUNICI- PALITIES. (D) THE TERM "PUBLIC AUTHORITIES" SHALL MEAN ANY AUTHORITY AS DEFINED IN SECTION TWO OF THIS TITLE. 3. (A) IT SHALL NOT BE A VIOLATION OF THIS SECTION FOR AN EMPLOYER TO PAY DIFFERENT COMPENSATION TO EMPLOYEES, WHERE SUCH PAYMENTS ARE MADE PURSUANT TO: (1) A BONA FIDE SENIORITY OR MERIT SYSTEM; (2) A BONA FIDE SYSTEM THAT MEASURES EARNINGS BY QUANTITY OR QUALITY OF PRODUCTION; (3) A BONA FIDE SYSTEM BASED ON GEOGRAPHIC DIFFERENTIALS; (4) ANY OTHER BONA FIDE FACTOR OTHER THAN STATUS WITHIN ONE OR MORE PROTECTED CLASS OR CLASSES, SUCH AS EDUCATION, TRAINING, OR EXPERIENCE. SUCH FACTOR: (A) SHALL NOT BE BASED UPON OR DERIVED FROM A DIFFERENTIAL IN COMPENSATION BASED ON STATUS WITHIN ONE OR MORE PROTECTED CLASS OR CLASSES; AND (B) SHALL BE JOB-RELATED WITH RESPECT TO THE POSITION IN QUESTION AND SHALL BE CONSISTENT WITH BUSINESS NECESSITY. SUCH EXCEPTION UNDER THIS PARAGRAPH SHALL NOT APPLY WHEN THE EMPLOYEE DEMONSTRATES (I) THAT AN EMPLOYER USES A PARTICULAR EMPLOYMENT PRACTICE THAT CAUSES A DISPARATE IMPACT ON THE BASIS OF STATUS WITHIN ONE OR MORE PROTECTED CLASS OR CLASSES, (II) THAT AN ALTERNATIVE EMPLOYMENT PRACTICE EXISTS THAT WOULD SERVE THE SAME PURPOSE AND NOT PRODUCE SUCH DIFFERENTIAL, AND (III) THAT THE EMPLOYER HAS REFUSED TO ADOPT SUCH ALTERNATIVE PRACTICE; OR (5) A COLLECTIVE BARGAINING AGREEMENT. (B) FOR THE PURPOSE OF PARAGRAPH (A) OF THIS SUBDIVISION, "BUSINESS NECESSITY" SHALL BE DEFINED AS A FACTOR THAT BEARS A MANIFEST RELATION- SHIP TO THE EMPLOYMENT IN QUESTION. (C) NOTHING SET FORTH IN THIS SECTION SHALL BE CONSTRUED TO IMPEDE, INFRINGE OR DIMINISH THE RIGHTS AND BENEFITS WHICH ACCRUE TO EMPLOYEES THROUGH COLLECTIVE BARGAINING AGREEMENTS, OR OTHERWISE DIMINISH THE INTEGRITY OF THE EXISTING COLLECTIVE BARGAINING RELATIONSHIP. § 2. This act shall take effect immediately. PART RR S. 7505 69 A. 9505 Section 1. The opening paragraph of subdivision 1 of section 812 of the family court act, as amended by chapter 109 of the laws of 2019, is amended to read as follows: The family court and the criminal courts shall have concurrent juris- diction over any proceeding concerning acts which would constitute disorderly conduct, unlawful dissemination or publication of an intimate image, harassment in the first degree, harassment in the second degree, aggravated harassment in the second degree, sexual misconduct, forcible touching, sexual abuse in the third degree, sexual abuse in the second degree as set forth in subdivision one of section 130.60 of the penal law, stalking in the first degree, stalking in the second degree, stalk- ing in the third degree, stalking in the fourth degree, criminal mischief, menacing in the second degree, menacing in the third degree, reckless endangerment, criminal obstruction of breathing or blood circu- lation, strangulation in the second degree, strangulation in the first degree, assault in the second degree, assault in the third degree, an attempted assault, identity theft in the first degree, identity theft in the second degree, identity theft in the third degree, grand larceny in the fourth degree, grand larceny in the third degree, coercion in the second degree or coercion in the third degree as set forth in subdivi- sions one, two and three of section 135.60 of the penal law between spouses or former spouses, or between parent and child or between members of the same family or household except that if the respondent would not be criminally responsible by reason of age pursuant to section 30.00 of the penal law, then the family court shall have exclusive jurisdiction over such proceeding. Notwithstanding a complainant's election to proceed in family court, the criminal court shall not be divested of jurisdiction to hear a family offense proceeding pursuant to this section. THE FAMILY COURT MAY ALSO ISSUE AN ORDER OF PROTECTION BASED ON ANY CIRCUMSTANCES THAT THE COURT DETERMINES REQUIRE AN ORDER FOR THE PURPOSES ESTABLISHED IN PARAGRAPH (B) OF SUBDIVISION TWO OF THIS SECTION. In any proceeding pursuant to this article, a court shall not deny an order of protection, or dismiss a petition, solely on the basis that the acts or events alleged are not relatively contemporaneous with the date of the petition, the conclusion of the fact-finding or the conclusion of the dispositional hearing. For purposes of this article, "disorderly conduct" includes disorderly conduct not in a public place. For purposes of this article, "members of the same family or household" shall mean the following: § 2. Paragraph (a) of subdivision 1 of section 821 of the family court act, as amended by section 6 of part NN of chapter 55 of the laws of 2018, is amended to read as follows: (a) An allegation that: (I) the respondent assaulted or attempted to assault his or her spouse, or former spouse, parent, child or other member of the same family or household or engaged in disorderly conduct, harassment, sexual misconduct, forcible touching, sexual abuse in the third degree, sexual abuse in the second degree as set forth in subdivi- sion one of section 130.60 of the penal law, stalking, criminal mischief, menacing, reckless endangerment, criminal obstruction of breathing or blood circulation, strangulation, identity theft in the first degree, identity theft in the second degree, identity theft in the third degree, grand larceny in the fourth degree, grand larceny in the third degree, coercion in the second degree or coercion in the third degree as set forth in subdivisions one, two and three of section 135.60 of the penal law, toward any such person; OR (II) THE RESPONDENT IS THE SPOUSE, OR FORMER SPOUSE, PARENT, CHILD OR OTHER MEMBER OF THE SAME S. 7505 70 A. 9505 FAMILY OR HOUSEHOLD AS THE PETITIONER AND CIRCUMSTANCES EXIST THAT REQUIRE AN ORDER OF PROTECTION FOR THE PURPOSES ESTABLISHED IN PARAGRAPH (B) OF SUBDIVISION TWO OF SECTION EIGHT HUNDRED TWELVE OF THIS ARTICLE; § 3. Subdivision 3-a of section 530.12 of the criminal procedure law, as added by chapter 186 of the laws of 1997, is amended to read as follows: 3-a. Emergency powers when family court not in session; issuance of temporary orders of protection. Upon the request of the petitioner, a local criminal court may on an ex parte basis issue a temporary order of protection pending a hearing in family court, provided that a sworn affidavit, verified in accordance with subdivision one of section 100.30 of this chapter, is submitted: (i) alleging that the family court is not in session; (ii) alleging that: (A) a family offense, as defined in subdivision one of section eight hundred twelve of the family court act and subdivision one of section 530.11 of this article, has been commit- ted; OR (B) CIRCUMSTANCES EXIST THAT REQUIRE AN ORDER OF PROTECTION FOR THE PURPOSES ESTABLISHED IN PARAGRAPH (B) OF SUBDIVISION TWO OF SECTION EIGHT HUNDRED TWELVE OF THE FAMILY COURT ACT; THE RESPONDENT IS THE SPOUSE, OR FORMER SPOUSE, PARENT, CHILD OR OTHER MEMBER OF THE SAME FAMILY OR HOUSEHOLD AS THE PETITIONER AND CIRCUMSTANCES EXIST THAT REQUIRE AN ORDER OF PROTECTION FOR THE PURPOSES ESTABLISHED IN PARAGRAPH (B) OF SUBDIVISION TWO OF SECTION EIGHT HUNDRED TWELVE OF THE FAMILY COURT ACT; (iii) alleging that a family offense petition has been filed or will be filed in family court on the next day the court is in session; and (iv) showing good cause. Upon appearance in a local crimi- nal court, the petitioner shall be advised that he or she may continue with the proceeding either in family court or upon the filing of a local criminal court accusatory instrument in criminal court or both. Upon issuance of a temporary order of protection where petitioner requests that it be returnable in family court, the local criminal court shall transfer the matter forthwith to the family court and shall make the matter returnable in family court on the next day the family court is in session, or as soon thereafter as practicable, but in no event more than four calendar days after issuance of the order. The local criminal court, upon issuing a temporary order of protection returnable in family court pursuant to this subdivision, shall immediately forward, in a manner designed to insure arrival before the return date set in the order, a copy of the temporary order of protection and sworn affidavit to the family court and shall provide a copy of such temporary order of protection to the petitioner; provided, however, that where a copy of the temporary order of protection and affidavit are transmitted to the family court by facsimile or other electronic means, the original order and affidavit shall be forwarded to the family court immediately there- after. Any temporary order of protection issued pursuant to this subdi- vision shall be issued to the respondent, and copies shall be filed as required in subdivisions six and eight of this section for orders of protection issued pursuant to this section. Any temporary order of protection issued pursuant to this subdivision shall plainly state the date that such order expires which, in the case of an order returnable in family court, shall be not more than four calendar days after its issuance, unless sooner vacated or modified by the family court. A peti- tioner requesting a temporary order of protection returnable in family court pursuant to this subdivision in a case in which a family court petition has not been filed shall be informed that such temporary order of protection shall expire as provided for herein, unless the petitioner files a petition pursuant to subdivision one of section eight hundred S. 7505 71 A. 9505 twenty-one of the family court act on or before the return date in fami- ly court and the family court issues a temporary order of protection or order of protection as authorized under article eight of the family court act. Nothing in this subdivision shall limit or restrict the petitioner's right to proceed directly and without court referral in either a criminal or family court, or both, as provided for in section one hundred fifteen of the family court act and section 100.07 of this chapter. § 4. This act shall take effect immediately. PART SS Section 1. The election law is amended by adding a new section 14-116-a to read as follows: § 14-116-A. RESTRICTION ON CONTRIBUTIONS FROM FOREIGN-INFLUENCED CORPORATIONS OR ENTITIES. 1. NO CORPORATION, LIMITED LIABILITY COMPANY, JOINT-STOCK ASSOCIATION OR OTHER CORPORATE ENTITY DOING BUSINESS IN THIS STATE THAT IS FOREIGN-INFLUENCED, NOR ANY FOREIGN NATIONAL, SHALL DIRECTLY OR INDIRECTLY PAY OR USE OR OFFER, CONSENT OR AGREE TO PAY OR USE ANY MONEY OR PROPERTY FOR OR IN AID OF ANY POLITICAL PARTY, COMMIT- TEE OR ORGANIZATION, OR FOR, OR IN AID OF, ANY CORPORATION, LIMITED LIABILITY COMPANY, JOINT-STOCK, OTHER ASSOCIATION, OR OTHER CORPORATE ENTITY ORGANIZED OR MAINTAINED FOR POLITICAL PURPOSES, OR FOR, OR IN AID OF, ANY CANDIDATE FOR POLITICAL OFFICE OR FOR NOMINATION FOR SUCH OFFICE, OR FOR ANY POLITICAL PURPOSE WHATSOEVER, OR FOR THE REIMBURSE- MENT OR INDEMNIFICATION OF ANY PERSON FOR MONEYS OR PROPERTY SO USED. ANY OFFICER, DIRECTOR, STOCK-HOLDER, MEMBER, OWNER, ATTORNEY OR AGENT OF ANY CORPORATION, LIMITED LIABILITY COMPANY, JOINT-STOCK ASSOCIATION OR OTHER CORPORATE ENTITY WHICH VIOLATES ANY OF THE PROVISIONS OF THIS SECTION, WHO PARTICIPATES IN, AIDS, ABETS OR ADVISES OR CONSENTS TO ANY SUCH VIOLATIONS, AND ANY PERSON WHO SOLICITS OR KNOWINGLY RECEIVES ANY MONEY OR PROPERTY IN VIOLATION OF THIS SECTION, SHALL BE GUILTY OF A MISDEMEANOR. ANY SUCH CONTRIBUTION MAY RESULT IN THE ASSESSMENT OF A CIVIL FINE, NOT TO EXCEED TEN THOUSAND DOLLARS PER CONTRIBUTION, IN ADDITION TO ANY OTHER PENALTIES UNDER THE LAW. 2. FOR PURPOSES OF THIS SECTION, "FOREIGN-INFLUENCED" SHALL MEAN ANY ENTITY FOR WHICH AT LEAST ONE OF THE FOLLOWING CONDITIONS IS MET: (A) A SINGLE FOREIGN NATIONAL HOLDS, OWNS, CONTROLS, OR OTHERWISE HAS DIRECT OR INDIRECT BENEFICIAL OWNERSHIP OF FIVE PERCENT OR MORE OF THE TOTAL EQUITY, OUTSTANDING VOTING SHARES, MEMBERSHIP UNITS, OR OTHER APPLICABLE OWNERSHIP INTEREST IN THE ENTITY MAKING THE CONTRIBUTION, EXPENDITURE OR PAYMENT; OR (B) TWO OR MORE FOREIGN NATIONALS, IN AGGREGATE, HOLD, OWN, CONTROL, OR OTHERWISE HAVE DIRECT OR INDIRECT BENEFICIAL OWNERSHIP OF TEN PERCENT OR MORE OF THE TOTAL EQUITY OUTSTANDING VOTING SHARES, MEMBERSHIP UNITS, OR OTHER APPLICABLE OWNERSHIP INTEREST OF THE ENTITY; OR (C) ONE OR MORE FOREIGN NATIONALS, IN AGGREGATE, HOLD MORE THAN TEN PERCENT OF THE BOARD OF DIRECTOR SEATS IN THE ENTITY'S GOVERNING BOARD; OR (D) A FOREIGN NATIONAL PARTICIPATES DIRECTLY OR INDIRECTLY IN THE ENTITY'S DECISION-MAKING PROCESS WITH RESPECT TO THE ENTITY'S POLITICAL ACTIVITIES IN THE UNITED STATES, INCLUDING THE ENTITY'S POLITICAL ACTIV- ITIES WITH RESPECT TO A COVERED ELECTION. 3. FOR PURPOSES OF THIS SECTION, "FOREIGN NATIONAL" SHALL HAVE THE SAME MEANING AS THE TERM DEFINED IN SUBSECTION B OF SECTION 30121 OF S. 7505 72 A. 9505 TITLE 52 OF THE UNITED STATES CODE, INCLUDING BUT NOT LIMITED TO A FOREIGN GOVERNMENT OR A FOREIGN PRINCIPAL. § 2. This act shall take effect June 1, 2020. PART TT Section 1. Section 10 of the public officers law, as amended by chap- ter 29 of the laws of 1977, is amended to read as follows: § 10. Official oaths. 1. Every officer shall take and file the oath of office required by law, and every judicial officer of the unified court system, in addition, shall file a copy of said oath in the office of court administration, before he shall be entitled to enter upon the discharge of any of his official duties. An oath of office may be admin- istered by a judge of the court of appeals, the attorney general, or by any officer authorized to take, within the state, the acknowledgment of the execution of a deed of real property, or by an officer in whose office the oath is required to be filed or by his duly designated assistant, or may be administered to any member of a body of officers, by a presiding officer or clerk, thereof, who shall have taken an oath of office. An oath of office may be administered to any state or local officer who is a member of the armed forces of the United States by any commissioned officer, in active service, of the armed forces of the United States. In addition to the requirements of any other law, the certificate of the officer in the armed forces administering the oath of office under this section shall state (a) the rank of the officer admin- istering the oath, and (b) that the person taking the oath was at the time, enlisted, inducted, ordered or commissioned in or serving with, attached to or accompanying the armed forces of the United States. The fact that the officer administering the oath was at the time duly commissioned and in active service with the armed forces, shall be certified by the secretary of the army, secretary of the air force or by the secretary of the navy, as the case may be, of the United States, or by a person designated by him to make such certifications, but the place where such oath was administered need not be disclosed. The oath of office of a notary public or commissioner of deeds shall be filed in the office of the clerk of the county in which he shall reside. The oath of office of every state officer shall be filed in the office of the secre- tary of state; of every officer of a municipal corporation, including a school district, with the clerk thereof; and of every other officer, including the trustees and officers of a public library and the officers of boards of cooperative educational services, in the office of the clerk of the county in which he shall reside, if no place be otherwise provided by law for the filing thereof. 2. THE OATH OF OFFICE OF A STATEWIDE ELECTED OFFICIAL, MEMBER OF THE LEGISLATURE, HEAD OF A STATE AGENCY OR ELECTED LOCAL OFFICIAL, AS SUCH TERMS ARE USED IN SECTION SEVENTY-THREE-A OF THIS CHAPTER, SHALL BE FILED TOGETHER WITH A CERTIFICATION THAT SUCH OFFICIAL WILL ANNUALLY FILE HIS OR HER NEW YORK STATE INCOME TAX RETURN WITH THE JOINT COMMIS- SION ON PUBLIC ETHICS AS REQUIRED BY SECTION SEVENTY-THREE-A OF THIS CHAPTER. NOTWITHSTANDING THE PROVISIONS OF SUBDIVISION (E) OF SECTION SIX HUNDRED NINETY-SEVEN OF THE TAX LAW, SUCH CERTIFICATION SHALL ALSO CONSTITUTE AUTHORIZATION FOR THE DEPARTMENT OF TAXATION AND FINANCE TO DISCLOSE TO THE JOINT COMMISSION ON PUBLIC ETHICS ANY INCOME TAX RETURN FILED WITH SUCH DEPARTMENT THAT WAS REQUIRED TO BE FILED WITH SUCH COMMISSION PURSUANT TO SECTION SEVENTY-THREE-A OF THIS CHAPTER UPON S. 7505 73 A. 9505 NOTIFICATION BY SUCH COMMISSION THAT SUCH RETURN WAS NOT FILED AS SO REQUIRED. § 2. Section 13 of the public officers law is amended to read as follows: § 13. Notice of neglect to file oath or undertaking. The officer or body making the appointment or certificate of election of a public offi- cer shall, if the officer be required to give an official undertaking to be filed in an office other than that in which the written appointment or certificate of election is to be filed, forthwith give written notice of such appointment or election to the officer in whose office the undertaking is to be filed. THE OFFICER OR BODY MAKING THE APPOINTMENT OR CERTIFICATE OF ELECTION OF A STATEWIDE ELECTED OFFICIAL, MEMBER OF THE LEGISLATURE, HEAD OF A STATE AGENCY OR ELECTED LOCAL OFFICIAL, AS SUCH TERMS ARE USED IN SECTION SEVENTY-THREE-A OF THIS CHAPTER, SHALL ALSO FORTHWITH GIVE WRITTEN NOTICE OF SUCH APPOINTMENT OR ELECTION TO THE JOINT COMMISSION ON PUBLIC ETHICS. If any officer shall neglect, within the time required by law, to take and file an official oath, or execute and file an official undertaking, the officer, with whom or in whose office such oath or undertaking is required to be filed, shall forthwith give notice of such neglect, if of an appointive officer, to the authority appointing such officer; if of an elective officer, to the officer, board or body authorized to fill a vacancy in such office, if any, or if none and a vacancy in the office may be filled by a special election, to the officer, board or body authorized to call or give notice of a special election to fill such vacancy; except that the notice of failure of a justice of the peace to file his official oath, shall be given to the town clerk of the town for which the justice was elected. § 3. Paragraph h of subdivision 1 of section 30 of the public officers law, as amended by chapter 209 of the laws of 1954, is amended to read as follows: h. His refusal or neglect to file his official oath, CERTIFICATION PURSUANT TO SUBDIVISION TWO OF SECTION TEN OF THIS CHAPTER, IF REQUIRED, or undertaking, if one is required, before or within thirty days after the commencement of the term of office for which he is chosen, if an elective office, or if an appointive office, within thirty days after notice of his appointment, or within thirty days after the commencement of such term; or to file a renewal undertaking within the time required by law, or if no time be so specified, within thirty days after notice to him in pursuance of law, that such renewal undertaking is required. The neglect or failure of any state or local officer to execute and file his oath of office, CERTIFICATION REQUIRED BY SUBDIVISION TWO OF SECTION TEN OF THIS CHAPTER and official undertaking within the time limited therefor by law, shall not create a vacancy in the office if such offi- cer was on active duty in the armed forces of the United States and absent from the county of his residence at the time of his election or appointment, and shall take his oath of office and execute his official undertaking within thirty days after receipt of notice of his election or appointment, and provided such oath of office, CERTIFICATION REQUIRED BY SUBDIVISION TWO OF SECTION TEN OF THIS CHAPTER and official undertak- ing be filed within ninety days following the date it has been taken and subscribed, any inconsistent provision of law, general, special, or local to the contrary, notwithstanding. § 4. Subdivision 1 of section 73-a of the public officers law is amended by adding a new paragraph (n) to read as follows: S. 7505 74 A. 9505 (N) THE TERM "ELECTED LOCAL OFFICIAL" SHALL MEAN AN ELECTED OFFICIAL OF A LOCAL AGENCY WHO RECEIVES ANNUAL COMPENSATION FOR SUCH POSITION IN EXCESS OF ONE HUNDRED THOUSAND DOLLARS. § 5. Paragraphs (a), (e) and (k) of subdivision 2 of section 73-a of public officers law, paragraphs (a) and (e) as amended and paragraph (k) as added by section 5 of part A of chapter 399 of the laws of 2011, are amended to read as follows: (a) Every statewide elected official, state officer or employee, member of the legislature, legislative employee and political party chairman and every candidate for statewide elected office or for member of the legislature shall file an annual statement of financial disclo- sure containing the information and in the form set forth in subdivision three of this section. EVERY STATEWIDE ELECTED OFFICIAL, MEMBER OF THE LEGISLATURE, OR HEAD OF A STATE AGENCY SHALL ALSO FILE, AND EVERY ELECTED LOCAL OFFICIAL SHALL FILE A COPY OF HIS OR HER NEW YORK STATE INCOME TAX RETURN, INCLUDING ANY SCHEDULES AND ATTACHMENTS TO SUCH RETURN, FOR THE PRECEDING YEAR. On or before the fifteenth day of May with respect to the preceding calendar year: (1) every member of the legislature, every candidate for member of the legislature and legisla- tive employee shall file such statement,AND SUCH TAX RETURN, IF REQUIRED, with the legislative ethics commission which shall provide such statement along with any requests for exemptions or deletions, AND SUCH TAX RETURN, IF REQUIRED, to the joint commission on public ethics for filing and rulings with respect to such requests for exemptions or deletions, on or before the thirtieth day of June; [and] (2) all other individuals required to file such statement shall file it, AND SUCH TAX RETURN, IF REQUIRED, with the joint commission on public ethics; AND (3) ANY ELECTED LOCAL OFFICIAL SHALL FILE SUCH TAX RETURN WITH SUCH COMMIS- SION, except that: (i) a person who is subject to the reporting requirements of this subdivision and who timely filed with the internal revenue service an application for automatic extension of time in which to file his or her individual income tax return for the immediately preceding calendar or fiscal year shall be required to file such financial disclosure state- ment on or before May fifteenth but may, without being subjected to any civil penalty on account of a deficient statement, indicate with respect to any item of the disclosure statement that information with respect thereto is lacking but will be supplied in a supplementary statement of financial disclosure, which shall be filed, TOGETHER WITH ANY REQUIRED TAX RETURN, on or before the seventh day after the expiration of the period of such automatic extension of time within which to file such individual income tax return, provided that failure to file or to timely file such supplementary statement of financial disclosure or the filing of an incomplete or deficient supplementary statement of financial disclosure shall be subject to the notice and penalty provisions of this section respecting annual statements of financial disclosure as if such supplementary statement were an annual statement; (ii) a person who is required to file an annual financial disclosure statement with the joint commission on public ethics, and who is granted an additional period of time within which to file such statement due to justifiable cause or undue hardship, in accordance with required rules and regulations on the subject adopted pursuant to paragraph [c] (C) of subdivision nine of section ninety-four of the executive law shall file such statement within the additional period of time granted; and the legislative ethics commission shall notify the joint commission on public ethics of any extension granted pursuant to this paragraph; S. 7505 75 A. 9505 (iii) candidates for statewide office who receive a party designation for nomination by a state committee pursuant to section 6-104 of the election law shall file such statement within ten days after the date of the meeting at which they are so designated; (iv) candidates for statewide office who receive twenty-five percent or more of the vote cast at the meeting of the state committee held pursuant to section 6-104 of the election law and who demand to have their names placed on the primary ballot and who do not withdraw within fourteen days after such meeting shall file such statement within ten days after the last day to withdraw their names in accordance with the provisions of such section of the election law; (v) candidates for statewide office and candidates for member of the legislature who file party designating petitions for nomination at a primary election shall file such statement within ten days after the last day allowed by law for the filing of party designating petitions naming them as candidates for the next succeeding primary election; (vi) candidates for independent nomination who have not been desig- nated by a party to receive a nomination shall file such statement with- in ten days after the last day allowed by law for the filing of inde- pendent nominating petitions naming them as candidates in the next succeeding general or special election; (vii) candidates who receive the nomination of a party for a special election shall file such statement within ten days after the date of the meeting of the party committee at which they are nominated; (viii) a candidate substituted for another candidate, who fills a vacancy in a party designation or in an independent nomination, caused by declination, shall file such statement within ten days after the last day allowed by law to file a certificate to fill a vacancy in such party designation or independent nomination; (ix) with respect to all candidates for member of the legislature, the legislative ethics commission shall within five days of receipt provide the joint commission on public ethics the statement filed pursuant to subparagraphs (v), (vi), (vii) and (viii) of this paragraph. (e) Any person required to file such statement AND/OR FILE SUCH TAX RETURN who commences employment after May fifteenth of any year and political party chairman shall file such statement AND, IF REQUIRED, SUCH TAX RETURN within thirty days after commencing employment or of taking the position of political party chairman, as the case may be. In the case of members of the legislature and legislative employees, such statements shall be filed with the legislative ethics commission within thirty days after commencing employment, and the legislative ethics commission shall provide such statements to the joint commission on public ethics within forty-five days of receipt. (k) The joint commission on public ethics shall: (I) post for at least five years beginning for filings made on January first, two thousand thirteen the annual statement of financial disclosure and any amendments filed by each person subject to the reporting requirements of this subdivision who is an elected official on its website for public review within thirty days of its receipt of such statement or within ten days of its receipt of such amendment that reflects any corrections of defi- ciencies identified by the commission or by the reporting individual after the reporting individual's initial filing. Except upon an individ- ual determination by the commission that certain information may be deleted from a reporting individual's annual statement of financial disclosure, none of the information in the statement posted on the commission's website shall be otherwise deleted; S. 7505 76 A. 9505 (II) POST FOR AT LEAST FIVE YEARS BEGINNING FOR FILINGS MADE FOR THE TWO THOUSAND NINETEEN CALENDAR YEAR ANY INCOME TAX RETURN FILED PURSUANT TO THIS SUBDIVISION, PROVIDED, HOWEVER, THAT PRIOR TO POSTING ANY TAX RETURN TO THE COMMISSION SHALL REDACT SUCH INFORMATION AS IT, IN CONSUL- TATION WITH THE COMMISSIONER OF TAXATION AND FINANCE OR HIS OR HER DELE- GATE, DEEMS APPROPRIATE OR REQUIRED BY LAW. AN OFFICIAL SHALL BE ENTI- TLED TO REQUEST AT THE TIME OF FILING OF A TAX RETURN PARTICULAR REDACTIONS TO SUCH RETURN THAT THE COMMISSION SHALL MAKE IF IT DEEMS SUCH REDACTIONS TO BE APPROPRIATE. § 6. The election law is amended by adding a new section 6-169 to read as follows: § 6-169. NOTICE OF TRANSPARENCY REQUIREMENTS. THE STATE BOARD OF ELECTIONS OR OTHER BOARD OF ELECTIONS, AS THE CASE MAY BE, SHALL NOTIFY EACH PERSON NOMINATED OR DESIGNATED AS A CANDIDATE FOR ELECTIVE OFFICE, NOT LATER THAN TEN DAYS AFTER SUCH NOMINATION OR DESIGNATION, THAT SUCH OFFICE MAY BE SUBJECT TO CERTIFICATION REQUIREMENTS PURSUANT TO SECTION TEN OF THE PUBLIC OFFICERS LAW AND SUBJECT TO FINANCIAL AND TAX DISCLO- SURE REQUIREMENTS PURSUANT TO SECTION SEVENTY-THREE-A OF THE PUBLIC OFFICERS LAW. § 7. This act shall take effect immediately and shall apply to elections conducted and appointments made on or after such date. PART UU Section 1. Section 172-b of the executive law is amended by adding a new subdivision 9 to read as follows: 9. ANY REGISTERED CHARITABLE ORGANIZATION THAT IS REQUIRED TO FILE AN ANNUAL FINANCIAL REPORT PURSUANT TO SUBDIVISION ONE OR TWO OF THIS SECTION, OR THAT IS REQUIRED TO FILE A FUNDING DISCLOSURE REPORT PURSU- ANT TO SECTION ONE HUNDRED SEVENTY-TWO-E OF THIS ARTICLE, AND/OR A FINANCIAL DISCLOSURE REPORT PURSUANT TO SECTION ONE HUNDRED SEVENTY-TWO-F OF THIS ARTICLE FOR A REPORTING PERIOD DURING THE APPLICA- BLE FISCAL YEAR SHALL ALSO BE REQUIRED TO FILE SUCH ANNUAL FINANCIAL REPORT, INCLUDING ALL REQUIRED FORMS AND ATTACHMENTS, WITH THE DEPART- MENT OF TAXATION AND FINANCE. § 1-a. Subdivision 2 of section 172-e of the executive law, as added by section 1 of part F of chapter 286 of the laws of 2016, is amended to read as follows: 2. Funding disclosure reports to be filed by covered entities. (a) Any covered entity that makes an in-kind donation in excess of [two] TEN thousand [five hundred] dollars to a recipient entity during a relevant reporting period shall file a funding disclosure report with the depart- ment of law. The funding disclosure report shall include: (i) the name and address of the covered entity that made the in-kind donation; (ii) the name and address of the recipient entity that received or benefitted from the in-kind donation; (iii) the names of any persons who exert operational or managerial control over the covered entity. The disclosures required by this para- graph shall include the name of at least one natural person; (iv) the date [the in-kind] SUCH donation was made by the covered entity; AND (v) [any donation in excess of two thousand five hundred dollars to the covered entity during the relevant reporting period including the identity of the donor of any such donation] A DETAILED DESCRIPTION OF THE IN-KIND DONATION, INCLUDING THE CHARITABLE PURPOSE ADVANCED BY SUCH S. 7505 77 A. 9505 DONATION, IF ANY, AND ANY RESTRICTIONS ON THE USE OF SUCH DONATION BY THE RECIPIENT ENTITY. [(vi) the date of any such donation to a covered entity.] (b) The covered entity shall file a funding disclosure report with the department of law AND THE DEPARTMENT OF TAXATION AND FINANCE within thirty days of the close of a reporting period. § 2. Subdivision 2 of section 172-f of the executive law, as added by section 1 of part G of chapter 286 of the laws of 2016, is amended to read as follows: 2. Disclosure of expenditures for covered communications. (a) Any covered entity that makes expenditures for covered communications in an aggregate amount or fair market value exceeding ten thousand dollars in a calendar year shall file a financial disclosure report with the department of law. The financial disclosure report shall include: (i) the name and address of the covered entity that made the expendi- ture for covered communications; (ii) the name or names of any individuals who exert operational or managerial control over the covered entity. The disclosures required by this paragraph shall include the name of at least one natural person; (iii) a DETAILED description of the covered communication; (iv) the dollar amount paid for each covered communication, the name and address of the person or entity receiving the payment, and the date the payment was made; and [(iv)] (V) FOR ANY RESTRICTED DONATION RECEIVED BY THE COVERED ENTITY IN WHOLE OR IN PART FOR THE SUPPORT OF THE COVERED COMMUNICATION, the name and address of any individual, corporation, association, or group that made a donation [of one thousand dollars or more] to the covered entity and the date of such donation, AND THE AMOUNT OF THE DONATION, TOGETHER WITH A DESCRIPTION OF ANY RESTRICTION. (b) The covered entity shall file a financial disclosure report with the department of law AND THE DEPARTMENT OF TAXATION AND FINANCE within thirty days of the close of a reporting period. (c) If a covered entity keeps one or more segregated bank accounts containing funds used solely for covered communications and makes all of its expenditures for covered communications from such accounts, then with respect to donations included in subparagraph [(iv)] (V) of para- graph (a) of this subdivision, the financial report need only include donations deposited into such accounts. § 3. Section 172-e of the executive law is amended by adding a new subdivision 4 to read as follows: 4. IF A COVERED ENTITY'S OR RECIPIENT ENTITY'S ANNUAL REPORT FILED PURSUANT TO SECTION ONE HUNDRED SEVENTY-TWO OF THIS ARTICLE DOES NOT INCLUDE A COMPLETED INTERNAL REVENUE SERVICE FORM 990 SCHEDULE B AND THAT COVERED ENTITY MAKES, OR THAT RECIPIENT ENTITY RECEIVES, QUALIFYING DONATIONS PURSUANT TO SUBDIVISION TWO OF THIS SECTION, THAT ENTITY SHALL IN ADDITION TO FILING A DISCLOSURE WITH THE DEPARTMENT OF LAW, ALSO FILE WITH THE DEPARTMENT OF TAXATION AND FINANCE A COMPLETE INTERNAL REVENUE SERVICE FORM 990 SCHEDULE B, REGARDLESS OF WHETHER SUCH FORM IS SUBMIT- TED OR REQUIRED TO BE SUBMITTED TO THE INTERNAL REVENUE SERVICE. § 4. Section 172-f of the executive law is amended by adding a new subdivision 4 to read as follows: 4. IF A COVERED ENTITY'S ANNUAL REPORT FILED PURSUANT TO SECTION ONE HUNDRED SEVENTY-TWO OF THIS ARTICLE DOES NOT INCLUDE A COMPLETED INTER- NAL REVENUE SERVICE FORM 990 SCHEDULE B, THE ENTITY SHALL IN ADDITION TO FILING A DISCLOSURE WITH THE DEPARTMENT OF LAW, ALSO FILE WITH THE DEPARTMENT OF TAXATION AND FINANCE A COMPLETE INTERNAL REVENUE SERVICE S. 7505 78 A. 9505 FORM 990 SCHEDULE B, REGARDLESS OF WHETHER SUCH FORM IS SUBMITTED OR REQUIRED TO BE SUBMITTED TO THE INTERNAL REVENUE SERVICE. § 5. Section 171 of the tax law is amended by adding a new subdivision twenty-ninth to read as follows: TWENTY-NINTH. THE COMMISSIONER SHALL RECEIVE ALL ANNUAL REPORTS REQUIRED TO BE FILED WITH THE DEPARTMENT PURSUANT TO EITHER SUBDIVISION ONE OR TWO OF SECTION ONE HUNDRED SEVENTY-TWO-B OF THE EXECUTIVE LAW, SUBDIVISION FOUR OF SECTION ONE HUNDRED SEVENTY-TWO-E OF THE EXECUTIVE LAW, OR SUBDIVISION FOUR OF SECTION ONE HUNDRED SEVENTY-TWO-F OF THE EXECUTIVE LAW AND SHALL PUBLISH SUCH SCHEDULES ON THE DEPARTMENT'S WEBSITE. § 6. This act shall take effect on the thirtieth day after it shall have become a law. PART VV 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. DOL-Child performer protection account (20401). 2. Proprietary vocational school supervision account (20452). 3. Local government records management account (20501). 4. Child health plus program account (20810). 5. EPIC premium account (20818). 6. Education - New (20901). 7. VLT - Sound basic education fund (20904). 8. Sewage treatment program management and administration fund (21000). 9. Hazardous bulk storage account (21061). 10. Utility environmental regulatory account (21064). 11. Federal grants indirect cost recovery account (21065). 12. Low level radioactive waste account (21066). 13. Recreation account (21067). 14. Public safety recovery account (21077). 15. Environmental regulatory account (21081). 16. Natural resource account (21082). 17. Mined land reclamation program account (21084). 18. Great lakes restoration initiative account (21087). 19. Environmental protection and oil spill compensation fund (21200). 20. Public transportation systems account (21401). 21. Metropolitan mass transportation (21402). 22. Operating permit program account (21451). 23. Mobile source account (21452). 24. Statewide planning and research cooperative system account (21902). 25. New York state thruway authority account (21905). 26. Mental hygiene program fund account (21907). 27. Mental hygiene patient income account (21909). 28. Financial control board account (21911). 29. Regulation of racing account (21912). 30. State university dormitory income reimbursable account (21937). 31. Criminal justice improvement account (21945). 32. Environmental laboratory reference fee account (21959). 33. Training, management and evaluation account (21961). 34. Clinical laboratory reference system assessment account (21962). S. 7505 79 A. 9505 35. Indirect cost recovery account (21978). 36. High school equivalency program account (21979). 37. Multi-agency training account (21989). 38. Bell jar collection account (22003). 39. Industry and utility service account (22004). 40. Real property disposition account (22006). 41. Parking account (22007). 42. Courts special grants (22008). 43. Asbestos safety training program account (22009). 44. Camp Smith billeting account (22017). 45. Batavia school for the blind account (22032). 46. Investment services account (22034). 47. Surplus property account (22036). 48. Financial oversight account (22039). 49. Regulation of Indian gaming account (22046). 50. Rome school for the deaf account (22053). 51. Seized assets account (22054). 52. Administrative adjudication account (22055). 53. Federal salary sharing account (22056). 54. New York City assessment account (22062). 55. Cultural education account (22063). 56. Local services account (22078). 57. DHCR mortgage servicing account (22085). 58. Housing indirect cost recovery account (22090). 59. DHCR-HCA application fee account (22100). 60. Low income housing monitoring account (22130). 61. Corporation administration account (22135). 62. New York State Home for Veterans in the Lower-Hudson Valley account (22144). 63. Deferred compensation administration account (22151). 64. Rent revenue other New York City account (22156). 65. Rent revenue account (22158). 66. Tax revenue arrearage account (22168). 67. New York state medical indemnity fund account (22240). 68. State university general income offset account (22654). 69. Lake George park trust fund account (22751). 70. State police motor vehicle law enforcement account (22802). 71. Highway safety program account (23001). 72. DOH drinking water program account (23102). 73. NYCCC operating offset account (23151). 74. Commercial gaming revenue account (23701). 75. Commercial gaming regulation account (23702). 76. Highway use tax administration account (23801). 77. New York state secure choice administrative account (23806). 78. Fantasy sports administration account (24951). 79. Highway and bridge capital account (30051). 80. Aviation purpose account (30053). 81. State university residence hall rehabilitation fund (30100). 82. State parks infrastructure account (30351). 83. Clean water/clean air implementation fund (30500). 84. Hazardous waste remedial cleanup account (31506). 85. Youth facilities improvement account (31701). 86. Housing assistance fund (31800). 87. Housing program fund (31850). 88. Highway facility purpose account (31951). 89. Information technology capital financing account (32215). S. 7505 80 A. 9505 90. New York racing account (32213). 91. Capital miscellaneous gifts account (32214). 92. New York environmental protection and spill remediation account (32219). 93. Mental hygiene facilities capital improvement fund (32300). 94. Correctional facilities capital improvement fund (32350). 95. New York State Storm Recovery Capital Fund (33000). 96. OGS convention center account (50318). 97. Empire Plaza Gift Shop (50327). 98. Centralized services fund (55000). 99. Archives records management account (55052). 100. Federal single audit account (55053). 101. Civil service EHS occupational health program account (55056). 102. Banking services account (55057). 103. Cultural resources survey account (55058). 104. Neighborhood work project account (55059). 105. Automation & printing chargeback account (55060). 106. OFT NYT account (55061). 107. Data center account (55062). 108. Intrusion detection account (55066). 109. Domestic violence grant account (55067). 110. Centralized technology services account (55069). 111. Labor contact center account (55071). 112. Human services contact center account (55072). 113. Tax contact center account (55073). 114. Department of law civil recoveries account (55074). 115. Executive direction internal audit account (55251). 116. CIO Information technology centralized services account (55252). 117. Health insurance internal service account (55300). 118. Civil service employee benefits division administrative account (55301). 119. Correctional industries revolving fund (55350). 120. Employees health insurance account (60201). 121. Medicaid management information system escrow fund (60900). 122. New York state cannabis revenue fund. 123. Behavioral health parity compliance fund. § 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). § 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, 2021, up to the unencumbered balance or the follow- ing amounts: S. 7505 81 A. 9505 Economic Development and Public Authorities: 1. $175,000 from the miscellaneous special revenue fund, underground facilities safety training account (22172), to the general fund. 2. An amount up to the unencumbered balance from the miscellaneous special revenue fund, business and licensing services account (21977), to the general fund. 3. $14,810,000 from the miscellaneous special revenue fund, code enforcement account (21904), to the general fund. 4. $3,000,000 from the general fund to the miscellaneous special revenue fund, tax revenue arrearage account (22168). Education: 1. $2,487,000,000 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. $978,000,000 from the general fund to the state lottery fund, VLT education account (20904), as reimbursement for disbursements made from such fund for supplemental aid to education pursuant to section 92-c of the state finance law that are in excess of the amounts deposited in such fund for such purposes pursuant to section 1612 of the tax law. 3. $168,000,000 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. $5,000,000 from the interactive fantasy sports fund, fantasy sports education account (24950), 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. 5. An amount up to the unencumbered balance from the charitable gifts trust fund, elementary and secondary education account (24901), to the general fund, for payment of general support for public schools pursuant to section 3609-a of the education law. 6. 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. 7. $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). 8. $900,000 from the general fund to the miscellaneous special revenue fund, Batavia school for the blind account (22032). 9. $900,000 from the general fund to the miscellaneous special revenue fund, Rome school for the deaf account (22053). 10. $343,400,000 from the state university dormitory income fund (40350) to the miscellaneous special revenue fund, state university dormitory income reimbursable account (21937). 11. $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. 12. $47,000,000 from the state university income fund, state universi- ty hospitals income reimbursable account (22656) to the general fund for S. 7505 82 A. 9505 hospital debt service for the period April 1, 2020 through March 31, 2021. 13. $25,390,000 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 (32222). 14. $24,000,000 from any of the state education department's special revenue and internal service funds to the miscellaneous special revenue fund, indirect cost recovery account (21978). 15. $4,200,000 from any of the state education department's special revenue or internal service funds to the capital projects fund (30000). 16. $1,500,000 from the miscellaneous special revenue fund, office of the professions account (22051), to the general fund from fees charged to each non-licensee owner of a firm that is incorporating as a profes- sional service corporation formed to lawfully engage in the practice of public accountancy. 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) or Marine Resources Account (21151) 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. $1,800,000 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) for services and capital expenses related to the management and cleanup program as put forth in section 27-1915 of the environmental conservation law. 8. $3,600,000 from the miscellaneous special revenue fund, public service account (22011) to the miscellaneous special revenue fund, util- ity environmental regulatory account (21064). 9. $4,000,000 from the general fund to the enterprise fund, state fair account (50051). 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). S. 7505 83 A. 9505 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. $125,000,000 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. $35,000,000 from any of the office of children and family services, office of temporary and disability assistance, department of labor, and department of health special revenue federal funds to the office of children and family services miscellaneous special revenue fund, multi- agency training contract account (21989). 7. $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. 10. $600,000 from the miscellaneous special revenue fund, veterans remembrance and cemetery maintenance and operation fund (20201), to the capital projects fund (30000). General Government: 1. $1,566,000 from the miscellaneous special revenue fund, examination and miscellaneous revenue account (22065) to the general fund. 2. $12,000,000 from the general fund to the health insurance revolving fund (55300). 3. $292,400,000 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 agencies enterprise fund, parking services account (22007), to the general fund, for the purpose of reimbursing the costs of debt service related to state parking facilities. 10. $9,628,000 from the general fund to the centralized services fund, COPS account (55013). 11. $11,460,000 from the general fund to the agencies internal service fund, central technology services account (55069), for the purpose of enterprise technology projects. 12. $10,000,000 from the general fund to the agencies internal service fund, state data center account (55062). 13. $20,000,000 from the miscellaneous special revenue fund, workers' compensation account (21995), to the miscellaneous capital projects S. 7505 84 A. 9505 fund, workers' compensation board IT business process design fund, (32218). 14. $12,000,000 from the agencies enterprise fund, parking services account (22007), to the centralized services, building support services account (55018). 15. $30,000,000 from the general fund to the internal service fund, business services center account (55022). 16. $8,000,000 from the general fund to the internal service fund, building support services account (55018). 17. $1,500,000 from the agencies enterprise fund, special events account (20120), to the general fund. 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). 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. An amount up to the unencumbered balance from the miscellaneous special revenue fund, certificate of need account (21920), to the gener- al fund. 11. An amount up to the unencumbered balance from the charitable gifts trust fund, health charitable account (24900), to the general fund, for payment of general support for primary, preventive, and inpatient health care, dental and vision care, hunger prevention and nutritional assist- ance, and other services for New York state residents with the overall goal of ensuring that New York state residents have access to quality health care and other related services. 12. $3,000,000 from the miscellaneous special revenue fund, New York State cannabis revenue fund, to the general fund. Labor: 1. $600,000 from the miscellaneous special revenue fund, DOL fee and penalty account (21923), to the child performer's protection fund, child performer protection account (20401). S. 7505 85 A. 9505 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. $3,800,000 from the general fund, to the agencies internal service fund, civil service EHS occupational health program account (55056). 3. $3,000,000 from the chemical dependence service fund, substance abuse services fund account (22700), to the mental hygiene capital improvement fund (32305). Public Protection: 1. $1,350,000 from the miscellaneous special revenue fund, emergency management account (21944), to the general fund. 2. $2,087,000 from the general fund to the miscellaneous special revenue fund, recruitment incentive account (22171). 3. $22,773,000 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. $11,149,000 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. $120,500,000 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. 14. $25,000,000 from the miscellaneous special revenue fund, statewide public safety communications account (22123), to the general fund. Transportation: 1. $31,000,000 from the general fund to the MTA financial assistance fund, mobility tax trust account (23651) for disbursements related to part NN of chapter 54 of the laws of 2016. S. 7505 86 A. 9505 2. $20,000,000 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. 3. $727,500,000 from the general fund to the dedicated highway and bridge trust fund (30050). 4. $244,250,000 from the general fund to the MTA financial assistance fund, mobility tax trust account (23651). 5. $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. 6. $3,000,000 from the miscellaneous special revenue fund, traffic adjudication account (22055), to the general fund. 7. $11,721,000 from the mass transportation operating assistance fund, metropolitan mass transportation operating assistance account (21402), to the capital projects fund (30000). 8. $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. $15,500,000 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, 2021: 1. Upon request of the commissioner of environmental conservation, up to $12,745,400 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 $1,834,600 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 S. 7505 87 A. 9505 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 $13,225,000 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, 2021, 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, 2021, 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, 2021, 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, 2021. § 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 $1,019,748,300 from the general fund to the state university income fund, state university general revenue offset account (22655) during the period of July 1, 2020 through June 30, 2021 to support operations at the state university. § 10. Notwithstanding any law to the contrary, and in accordance with section 4 of the state finance law, the comptroller is hereby authorized and directed to transfer, upon request of the director of the budget, up S. 7505 88 A. 9505 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, 2020 to June 30, 2021 to support operations at the state university in accordance with the maintenance of effort pursuant to 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 $55,000,000 from the state university income fund, state university hospitals income reimbursable account (22656), for services and expenses of hospital operations and capital expenditures at the state university hospitals; and the state university income fund, Long Island veterans' home account (22652) to the state university capital projects fund (32400) on or before June 30, 2021. § 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, 2021. § 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, at the request of the director of the budget, up to $650 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 2020-21 budget. Transfers from federal funds, debt service funds, capital projects funds, the community projects fund, or S. 7505 89 A. 9505 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. § 15. Notwithstanding any law to the contrary, and in accordance with section 4 of the state finance law, the comptroller is hereby authorized and directed to transfer, at the request of the director of the budget, up to $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, the federal capital projects account (31350), information technol- ogy capital financing account (32215), or the centralized technology services account (55069), for the purpose of consolidating technology procurement and services. The amounts transferred 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 technology costs which are attributable, according to a plan, to such account made in pursuance to an appropriation by law. Transfers to the technology financing account shall be completed from amounts collected by non-general funds or accounts pursuant to a fund deposit schedule or permanent statute, and shall be transferred to the technology financing account pursuant to a schedule agreed upon by the affected agency commissioner. Transfers from funds that would result in the loss of eligibility for federal benefits or federal funds pursuant to federal law, rule, or regulation as 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. § 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 $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. § 17. 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, 2020, the proceeds of which will be utilized to support energy-related state activities. § 18. 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, 2021: (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. S. 7505 90 A. 9505 § 19. Notwithstanding any provision of law, rule or regulation to the contrary, the New York state energy research and development authority is authorized and directed to transfer five million dollars to the cred- it of the Environmental Protection Fund on or before March 31, 2021 from proceeds collected by the authority from the auction or sale of carbon dioxide emission allowances allocated by the department of environmental conservation. § 20. Subdivision 5 of section 97-rrr of the state finance law, as amended by section 21 of part TTT of chapter 59 of the laws of 2019, 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 [nineteen] TWENTY, 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 [$2,185,995,000] $1,999,516,000, 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 [nineteen] TWENTY. § 21. 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, 2021, 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. $7,300,000 from the miscellaneous special revenue fund, state university general income reimbursable account (22653). 9. $132,000,000 from the miscellaneous special revenue fund, state university revenue offset account (22655). 10. $48,000,000 from the state university dormitory income fund, state university dormitory income fund (40350). 11. $1,000,000 from the miscellaneous special revenue fund, litigation settlement and civil recovery account (22117). § 22. Notwithstanding any provision of law to the contrary, in the event that federal legislation, federal regulatory actions, federal executive actions or federal judicial actions in federal fiscal year 2021 reduce federal financial participation in Medicaid funding to New York state or its subdivisions by $850 million or more in state fiscal S. 7505 91 A. 9505 years 2020-21 or 2021-22, 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 activ- ities 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 legisla- ture shall have 90 days after such submission to either prepare its own plan, which may be adopted by concurrent resolution passed by both hous- es, or if after 90 days the legislature fails to adopt their own plan, the reductions to the general fund and state special revenue fund appro- priations and related disbursements identified in the division of the budget plan will go into effect automatically. § 23. Notwithstanding any provision of law to the contrary, in the event that federal legislation, federal regulatory actions, federal executive actions or federal judicial actions in federal fiscal year 2021 reduce federal financial participation or other federal aid in funding to New York state that affects the state operating funds finan- cial plan by $850 million or more in state fiscal years 2020-21 or 2021-22, 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) iden- tify 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 disburse- ments 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 appropriations and related disbursements identified in the division of the budget plan will go into effect automatically. § 24. Notwithstanding any provision of law to the contrary, if the financial plan required under sections twenty-two or twenty-three of this article estimates that the General Fund is reasonably anticipated to end the fiscal year with an imbalance of $500 million or more, the director of the division of the budget shall prepare a plan that shall be submitted to the legislature, which shall identify the general fund and state special revenue fund aid to localities appropriations and related disbursements that may be reduced to eliminate the imbalance identified in the General Fund, provided, however, that the total reduction in disbursements identified in such plan shall not exceed an amount equal to 1.0 percent of estimated disbursements in state operat- ing funds for fiscal year 2020-2021. The legislature shall have 30 days S. 7505 92 A. 9505 after such submission to either prepare its own plan, which may be adopted by concurrent resolution passed by both houses and implemented by the division of the budget, of if after 30 days the legislature fails to adopt its own plan, the reductions to the general fund and state special revenue fund aid to localities appropriations and related disbursements identified in the division of the budget plan will go into effect automatically. To the extent the State is obligated to make payment to any individual or entity pursuant to any appropriation to which an adjustment or reduction is applied in accordance with this section, such obligation shall be reduced commensurate with any adjust- ments or reductions made by the director of the budget and/or by the legislature. The following types of appropriations shall be exempt from reduction in any plan prepared by the budget director and/or any plan adopted by the legislature: (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; and (d) payments the state is obligated to make pursuant to court orders or judgments. § 25. Subdivision 6 of section 4 of the state finance law, as amended by section 25 of part BBB of chapter 59 of the laws of 2018, is amended to read as follows: 6. Notwithstanding any law to the contrary, at the beginning of the state fiscal year, the state comptroller is hereby authorized and directed to receive for deposit to the credit of a fund and/or an account such monies as are identified by the director of the budget as having been intended for such deposit to support disbursements from such fund and/or account made in pursuance of an appropriation by law. As soon as practicable upon enactment of the budget, the director of the budget shall, but not less than three days following preliminary submission to the chairs of the senate finance committee and the assem- bly ways and means committee, file with the state comptroller an iden- tification of specific monies to be so deposited. Any subsequent change regarding the monies to be so deposited shall be filed by the director of the budget, as soon as practicable, but not less than three days following preliminary submission to the chairs of the senate finance committee and the assembly ways and means committee. All monies identified by the director of the budget to be deposited to the credit of a fund and/or account shall be consistent with the intent of the budget for the then current state fiscal year as enacted by the legislature. [The provisions of this subdivision shall expire on March thirty- first, two thousand twenty.] § 26. Subdivision 4 of section 40 of the state finance law, as amended by section 26 of part BBB of chapter 59 of the laws of 2018, 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 S. 7505 93 A. 9505 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 twenty.] § 27. 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. § 28. 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 28 of part TTT of chapter 59 of the laws of 2019, 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 [eight billion four hundred ninety-four million nine hundred seventy-nine thousand] EIGHT BILLION EIGHT HUNDRED SEVENTEEN MILLION TWO HUNDRED NINETY-NINE THOUSAND dollars [$8,494,979,000] $8,817,299,000, and shall include all bonds, notes and other obligations issued pursuant to chapter 56 of the laws of 1983, as amended or supplemented. The proceeds of such bonds, notes or other obligations shall be paid to the state, for deposit in the correctional facilities capital improvement fund to pay for all or any portion of the amount or amounts paid by the state from appropriations or reappropri- ations made to the department of corrections and community supervision from the correctional facilities capital improvement fund for capital projects. The aggregate amount of bonds, notes or other obligations authorized to be issued pursuant to this section shall exclude bonds, notes or other obligations issued to refund or otherwise repay bonds, notes or other obligations theretofore issued, the proceeds of which were paid to the state for all or a portion of the amounts expended by the state from appropriations or reappropriations made to the department of corrections and community supervision; provided, however, that upon any such refunding or repayment the total aggregate principal amount of outstanding bonds, notes or other obligations may be greater than [eight billion four hundred ninety-four million nine hundred seventy-nine thou- S. 7505 94 A. 9505 sand] EIGHT BILLION EIGHT HUNDRED SEVENTEEN MILLION TWO HUNDRED NINETY- NINE THOUSAND dollars [$8,494,979,000] $8,817,299,000, only if the pres- ent 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 repay- ment 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 corporation including esti- mated accrued interest from the sale thereof. § 29. Subdivision (a) of section 27 of part Y of chapter 61 of the laws of 2005, relating to providing for the administration of certain funds and accounts related to the 2005-2006 budget, as amended by section 32 of part TTT of chapter 59 of the laws of 2019, 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 [two hundred seventy-one million six hundred thousand] THREE HUNDRED TWENTY- THREE MILLION ONE HUNDRED THOUSAND dollars [$271,600,000] $323,100,000, excluding bonds issued to finance one or more debt service reserve funds, to pay costs of issuance of such bonds, and bonds or notes issued to refund or otherwise repay such bonds or notes previously issued, for the purpose of financing capital projects including IT initiatives for the division of state police, debt service and leases; and to reimburse the state general fund for disbursements made therefor. Such bonds and notes of such authorized issuer shall not be a debt of the state, and the state shall not be liable thereon, nor shall they be payable out of any funds other than those appropriated by the state to such authorized issuer for debt service and related expenses pursuant to any service contract executed pursuant to 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. § 30. Subdivision 3 of section 1285-p of the public authorities law, as amended by section 35 of part TTT of chapter 59 of the laws of 2019, 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 [five billion six hundred thirty-eight million ten thousand] SIX BILLION THREE HUNDRED SEVENTY-FOUR MILLION TEN THOUSAND dollars [$5,638,010,000] $6,374,010,000, 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, S. 7505 95 A. 9505 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. § 31. 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 36 of part TTT of chapter 59 of the laws of 2019, 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 [two hundred eighty-six million] THREE HUNDRED FOURTEEN MILLION dollars [$286,000,000] $314,000,000, excluding bonds issued to fund one or more debt service reserve funds, to pay costs of issuance of such bonds, and bonds or notes issued to refund or otherwise repay such bonds or notes previously issued, for the purpose of financing capital costs related to homeland security and training facilities for the division of state police, the division of military and naval affairs, and any other state agency, including the reimbursement of any disbursements made from the state capital projects fund, and is hereby authorized to issue bonds or notes in one or more series in an aggregate principal amount not to exceed [$952,800,000 nine hundred fifty-two million eight hundred thou- sand] $1,115,800,000 ONE BILLION ONE HUNDRED FIFTEEN 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. § 32. Paragraph (c) of subdivision 19 of section 1680 of the public authorities law, as amended by section 38 of part TTT of chapter 59 of the laws of 2019, 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 [thirteen billion eight hundred forty-one million eight hundred sixty-four thousand] FOURTEEN BILLION SEVEN HUNDRED FORTY-ONE MILLION EIGHT HUNDRED SIXTY-FOUR THOUSAND dollars [$13,841,864,000] $14,741,864,000; 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 S. 7505 96 A. 9505 obligations issued for state university educational facilities purposes and the present value of the aggregate debt service on the refunding bonds does not exceed the present value of the aggregate debt service on the bonds refunded thereby; provided, further that upon certification by the director of the budget that the issuance of refunding bonds or other obligations issued between April first, nineteen hundred ninety-two and March thirty-first, nineteen hundred ninety-three will generate long term economic benefits to the state, as assessed on a present value basis, such issuance will be deemed to have met the present value test noted above. For purposes of this subdivision, the present value of the aggregate debt service of the refunding bonds and the aggregate debt service of the bonds refunded, shall be calculated by utilizing the true interest cost of the refunding bonds, which shall be that rate arrived at by doubling the semi-annual interest rate (compounded semi-annually) necessary to discount the debt service payments on the refunding bonds from the payment dates thereof to the date of issue of the refunding bonds to the purchase price of the refunding bonds, including interest accrued thereon prior to the issuance thereof. The maturity of such bonds, other than bonds issued to refund outstanding bonds, shall not exceed the weighted average economic life, as certified by the state university construction fund, of the facilities in connection with which the bonds are issued, and in any case not later than the earlier of thirty years or the expiration of the term of any lease, sublease or other agreement relating thereto; provided that no note, including renewals thereof, shall mature later than five years after the date of issuance of such note. The legislature reserves the right to amend or repeal such limit, and the state of New York, the dormitory authority, the state university of New York, and the state university construction fund are prohibited from covenanting or making any other agreements with or for the benefit of bondholders which might in any way affect such right. § 33. Paragraph (c) of subdivision 14 of section 1680 of the public authorities law, as amended by section 39 of part TTT of chapter 59 of the laws of 2019, 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 S. 7505 97 A. 9505 to be substituted for or in lieu of other bonds in relation to city university facilities, will exceed [eight billion six hundred seventy- four million two hundred fifty-six thousand] NINE BILLION TWO HUNDRED TWENTY-TWO MILLION SEVEN HUNDRED THIRTY-TWO THOUSAND dollars [$8,674,256,000 ] $9,222,732,000. 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 coven- anting or making any other agreements with or for the benefit of bond- holders which might in any way affect such right. § 34. Subdivision 10-a of section 1680 of the public authorities law, as amended by section 40 of part TTT of chapter 59 of the laws of 2019, 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 [one billion five million six hundred two thousand] ONE BILLION FIFTY-ONE MILLION SIX HUNDRED FORTY THOUSAND dollars [$1,005,602,000] $1,051,640,000. 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. § 35. Subdivision 1 of section 17 of part D of chapter 389 of the laws of 1997, relating to the financing of the correctional facilities improvement fund and the youth facility improvement fund, as amended by section 41 of part TTT of chapter 59 of the laws of 2019, 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 eight hundred [four] FORTY million [six] THREE hundred fifteen thousand dollars [$804,615,000] $840,315,000, which authorization increases the aggregate principal amount of bonds, notes and other obligations authorized 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 deposit in the youth facili- ties 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 eight hundred [four] FORTY million [six] THREE hundred fifteen thousand dollars [$804,615,000] $840,315,000, 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 S. 7505 98 A. 9505 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. § 36. Paragraph b of subdivision 2 of section 9-a of section 1 of chapter 392 of the laws of 1973, constituting the New York state medical care facilities finance agency act, as amended by section 42 of part TTT of chapter 59 of the laws of 2019, 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 [nine billion three hundred thirty-three million three hundred eight thousand] NINE BILLION NINE HUNDRED TWENTY-SEVEN MILLION TWO HUNDRED SEVENTY-SIX THOUSAND dollars [$9,333,308,000] $9,927,276,000, excluding 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 [nine billion three hundred thirty-three million three hundred eight thousand] NINE BILLION NINE HUNDRED TWENTY-SEVEN MILLION TWO HUNDRED SEVENTY-SIX THOUSAND dollars S. 7505 99 A. 9505 [$9,333,308,000] $9,927,276,000, 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] ADDICTION SERVICES AND SUPPORTS, in consultation with their respective commissioners to finance bondable appropriations previously approved by the legislature. § 37. 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 43 of part TTT of chapter 59 of the laws of 2019, 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 [ninety-two million] ONE HUNDRED FIFTY-SEVEN MILLION dollars [$92,000,000] $157,000,000, exclud- ing 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; S. 7505 100 A. 9505 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. § 38. Section 53 of section 1 of chapter 174 of the laws of 1968, constituting the New York state urban development corporation act, as added by section 46 of part TTT of chapter 59 of the laws of 2019, is amended to read as follows: § 53. 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 acquisition of equipment, including but not limited to the creation or modernization of informa- tion technology systems and related research and development equipment, health and safety equipment, heavy equipment and machinery, the creation or improvement of security systems, and laboratory equipment 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 [ninety-three million] ONE HUNDRED NINETY-THREE MILLION dollars [$93,000,000] $193,000,000, 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 dormitory authority and the urban development corporation shall not be a debt of the state, and the state shall not be liable thereon, nor shall they be payable out of any funds other than those appropriated by the state to the dormitory authority and the urban development corporation for prin- cipal, interest, and related expenses pursuant to a service contract and such bonds and notes shall contain on the face thereof a statement to such effect. Except for purposes of complying with the internal revenue code, any interest income earned on bond proceeds shall only be used to pay debt service on such bonds. 2. Notwithstanding any other provision of law to the contrary, in order to assist the dormitory authority and the urban development corpo- ration in undertaking the financing for project costs for the acquisi- tion of equipment, including but not limited to the creation or modern- ization of information technology systems and related research and development equipment, health and safety equipment, heavy equipment and machinery, the creation or improvement of security systems, and labora- tory equipment and other state costs associated with such capital projects, the director of the budget is hereby authorized to enter into one or more service contracts with the dormitory authority and the urban development corporation, none of which shall exceed thirty years in duration, upon such terms and conditions as the director of the budget and the dormitory authority and the urban development corporation agree, so as to annually provide to the dormitory authority and the urban development corporation, in the aggregate, a sum not to exceed the prin- cipal, interest, and related expenses required for such bonds and notes. Any service contract entered into pursuant to this section shall provide that the obligation of the state to pay the amount therein provided S. 7505 101 A. 9505 shall not constitute a debt of the state within the meaning of any constitutional or statutory provision and shall be deemed executory only to the extent of monies available and that no liability shall be incurred by the state beyond the monies available for such purpose, subject to annual appropriation by the legislature. Any such contract or any payments made or to be made thereunder may be assigned and pledged by the dormitory authority and the urban development corporation as security for its bonds and notes, as authorized by this section. § 39. 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 1 of part K of chapter 39 of the laws of 2019, 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 [ten billion eight hundred five million seven hundred seventy-eight thousand] ELEVEN BILLION TWO HUNDRED EIGHTY-THREE MILLION FIVE HUNDRED SEVENTY- FIVE THOUSAND dollars [$10,805,778,000] $11,283,575,000 cumulatively by the end of fiscal year [2019-20] 2020-21. § 40. Subdivision 1 of section 1689-i of the public authorities law, as amended by section 2 of part K of chapter 39 of the laws of 2019, 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 two hundred [fifty-one] SIXTY-FIVE million dollars [$251,000,000] $265,000,000. § 41. 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 3 of part K of chapter 39 of the laws of 2019, is amended to read as follows: § 44. Issuance of certain bonds or notes. 1. Notwithstanding the provisions of any other law to the contrary, the dormitory authority and the corporation are hereby authorized to issue bonds or notes in one or more series for the purpose of funding project costs for the regional economic development council initiative, the economic transformation program, state university of New York college for nanoscale and science engineering, projects within the city of Buffalo or surrounding envi- rons, the New York works economic development fund, projects for the retention of professional football in western New York, the empire state economic development fund, the clarkson-trudeau partnership, the New York genome center, the cornell university college of veterinary medi- cine, the olympic regional development authority, projects at nano Utica, onondaga county revitalization projects, Binghamton university school of pharmacy, New York power electronics manufacturing consortium, regional infrastructure projects, high tech innovation and economic development infrastructure program, high technology manufacturing projects in Chautauqua and Erie county, an industrial scale research and S. 7505 102 A. 9505 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, Roosevelt Island operating corporation capital projects, Lake Ontario regional projects, Pennsylvania station and other transit projects and other state costs associated with such projects. The aggregate principal amount of bonds authorized to be issued pursuant to this section shall not exceed [nine billion eight hundred twenty-one million six hundred thirty-six thousand] TEN BILLION THREE HUNDRED THIRTY-FOUR MILLION EIGHT HUNDRED FIFTY-ONE THOUSAND dollars [$9,821,636,000] $10,334,851,000, 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 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, New York State Capital Assistance Program for Transportation, infrastructure, and economic development, high tech innovation and economic development infrastructure program, high tech- nology manufacturing projects in Chautauqua and Erie county, an indus- trial scale research and development facility in Clinton county, upstate revitalization initiative 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- S. 7505 103 A. 9505 ties improvement program, restore New York's communities initiative, heavy equipment, economic development and infrastructure projects, Roosevelt Island operating corporation capital projects, Lake Ontario regional projects, Pennsylvania station and other transit 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. § 42. Subdivision 1 of section 386-b of the public authorities law, as amended by section 4 of part K of chapter 39 of the laws of 2019, 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 six hundred forty-eight million] SIX BILLION NINE HUNDRED FORTY-TWO MILLION FOUR HUNDRED SIXTY-THREE THOUSAND dollars [$4,648,000,000] $6,942,463,000, 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. § 43. Paragraph (a) of subdivision 2 of section 47-e of the private housing finance law, as amended by section 8 of part K of chapter 39 of the laws of 2019, 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 S. 7505 104 A. 9505 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 [six billion two hundred ninety million five hundred ninety-nine thousand] SIX BILLION FIVE HUNDRED THIRTY-ONE MILLION FIVE HUNDRED TWENTY-THREE THOUSAND dollars [$6,290,599,000] $6,531,523,000, plus a principal amount of bonds issued to fund the debt service reserve fund in accordance with the debt service reserve fund requirement established by the agency and to fund any other reserves that the agency reasonably deems necessary for the security or marketability of such bonds and to provide for the payment of fees and other charges and expenses, including underwriters' discount, trustee and rating agency fees, bond insurance, credit enhancement and liquidity enhancement related to the issuance of such bonds and notes. No reserve fund securing the housing program bonds shall be entitled or eligible to receive state funds apportioned or appropriated to maintain or restore such reserve fund at or to a partic- ular level, except to the extent of any deficiency resulting directly or indirectly from a failure of the state to appropriate or pay the agreed amount under any of the contracts provided for in subdivision four of this section. § 44. Subdivision 1 of section 50 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 5 of part K of chapter 39 of the laws of 2019, 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 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, communi- ty centers, day care facilities, residential camps, day camps, 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 hundred [thirty] FIFTY-FIVE million dollars [$130,000,000] $155,000,000, 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 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. §45. 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 27 of part TTT of chapter 59 of the laws of 2019, is amended to read as follows: S. 7505 105 A. 9505 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 [six] EIGHT hundred [seventy-seven] THIRTY million [three hundred] fifty-four thousand dollars, [$677,354,000] $830,054,000 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 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. § 46. 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.] § 47. Section 2 of the state finance law is amended by adding a new subdivision 1-a to read as follows: 1-A. "BUSINESS DAY". ANY DAY OF THE YEAR WHICH IS NOT A SATURDAY, SUNDAY OR LEGAL HOLIDAY IN THE STATE OF NEW YORK AND NOT A DAY ON WHICH BANKS ARE AUTHORIZED OR OBLIGATED TO BE CLOSED IN THE CITY OF NEW YORK. § 48. Paragraph a of subdivision 4 of section 57 of the state finance law, as amended by section 39 of part JJ of chapter 56 of the laws of 2010, is amended to read as follows: a. Such bonds shall be sold at par, at par plus a premium, or at a discount to the bidder offering the lowest interest cost to the state, taking into consideration any premium or discount and, in the case of refunding bonds, the bona fide initial public offering price, not less than [four nor more than fifteen days, Sundays excepted,] TWO BUSINESS DAYS after THE PUBLICATION OF a notice of [such] sale [has been published] at least once in a definitive trade publication of the munic- ipal bond industry published on each business day in the state of New York which is generally available IN ELECTRONIC OR PHYSICAL FORM to S. 7505 106 A. 9505 participants in the municipal bond industry, which notice shall state the terms of the sale. The comptroller may not change the terms of the sale unless notice of such change is sent via a definitive trade wire service of the municipal bond industry which, in general, makes avail- able information regarding activity and sales of municipal bonds and is generally available to participants in the municipal bond industry, at least one hour prior to the time of the sale as set forth in the original notice of sale. In so changing the terms or conditions of a sale the comptroller may send notice by such wire service that the sale will be delayed by up to thirty days, provided that wire notice of the new sale date will be given at least one business day prior to the new time when bids will be accepted. In such event, no new notice of sale shall be required to be published. Notwithstanding the provisions of section three hundred five of the state technology law or any other law, if the notice of sale contains a provision that bids will only be accepted electronically in the manner provided in such notice of sale, the comptroller shall not be required to accept non-electronic bids in any form. Advertisements shall contain a provision to the effect that the state comptroller, in his or her discretion, may reject any or all bids made in pursuance of such advertisements, and in the event of such rejection, the state comptroller is authorized to negotiate a private sale or readvertise for bids in the form and manner above described as many times as, in his or her judgment, may be necessary to effect a satisfactory sale. Notwithstanding the foregoing provisions of this paragraph, whenever in the judgment of the comptroller the interests of the state will be served thereby, he or she may sell state bonds at private sale at par, at par plus a premium, or at a discount. The comp- troller shall promulgate regulations governing the terms and conditions of any such private sales, which regulations shall include a provision that he or she give notice to the governor, the temporary president of the senate, and the speaker of the assembly, of his or her intention to conduct a private sale of obligations pursuant to this section not less than [five] TWO BUSINESS days prior to such sale or the execution of any binding agreement to effect such sale. § 49. Subdivision (a) of section 211 of the civil practice law and rules, as amended by chapter 267 of the laws of 1970, is amended to read as follows: (a) On a bond. An action to recover principal or interest upon a writ- ten instrument evidencing an indebtedness of the state of New York or of any person, association or public or private corporation, originally sold by the issuer after publication of an advertisement for bids for the issue in [a newspaper of general circulation] ELECTRONIC OR PHYSICAL FORM and secured only by a pledge of the faith and credit of the issuer, regardless of whether a sinking fund is or may be established for its redemption, must be commenced within twenty years after the cause of action accrues. This subdivision does not apply to actions upon written instruments evidencing an indebtedness of any corporation, association or person under the jurisdiction of the public service commission, the commissioner of transportation, the interstate commerce commission, the federal communications commission, the civil aeronautics board, the federal power commission, or any other regulatory commission or board of a state or of the federal government. This subdivision applies to all causes of action, including those barred on April eighteenth, nineteen hundred fifty, by the provisions of the civil practice act then effec- tive. S. 7505 107 A. 9505 § 50. The opening paragraph of subdivision 9 of section 8 of the state finance law, as separately amended by chapters 405 and 957 of the laws of 1981, is amended to read as follows: Make a report to the legislature prior to the convening of its annual session, containing a complete statement of every fund of the state including every fund under the supervision or control of any department or any officer or division, bureau, commission, board or other organiza- tion therein from whatever source derived and whether or not deposited in the treasury, other than the funds of moneyed corporations or private bankers in liquidation or rehabilitation, together with a citation of the statute authorizing the creation or establishment of each such fund, all balances of money and receipts and disbursements during the preced- ing fiscal year PRESENTED IN ACCORDANCE WITH THE ACCOUNTING PRINCIPLES, POLICIES, AND LEGISLATIVE INTENT, INCLUDING BUT NOT LIMITED TO REFUNDS OF APPROPRIATION, SET FORTH IN A BUDGET BILL ENACTED IN ACCORDANCE WITH ARTICLE VII OF THE STATE CONSTITUTION, a statement of each object of disbursement, the funds, if any, from which paid or to be paid, a sched- ule by month of the investments of cash not needed for day to day oper- ations including but not limited to total investment income, the average daily invested balance and related yields for each fund, and a statement of all claims against the state presented to him where no provision or an insufficient provision for the payment thereof has been made by law, with the facts relating thereto and his opinion thereon, and suggesting plans for the improvement and management of the public resources, and containing such other information and recommendations relating to the fiscal affairs of the state, as in his judgment should be communicated to the legislature, provided that: § 51. Paragraph a of subdivision 9-a of section 8 of the state finance law, as amended by chapter 551 of the laws of 1989, is amended to read as follows: a. Issue, on or before the fifteenth day of each month and cause to be published in the state register, a report including (1) a summary of the preceding month's investments of cash not needed for day to day oper- ations including but not limited to total investment income, the average daily investment balance and related yield; and (2) a statement setting forth briefly the several receipts of and disbursements from the general fund during the preceding month, and also the total of such receipts and disbursements from the beginning of the fiscal year to the close of such preceding month and the cash balance of the general fund, exclusive of receipts and disbursements on account of temporary borrowing, at the close of such preceding month, provided that for state fiscal years beginning on or after April first, nineteen hundred eighty-two the comp- troller shall include in such reports the required information for all funds and fund types. SUCH REPORTS SHALL BE PREPARED AND PRESENTED IN ACCORDANCE WITH THE ACCOUNTING PRINCIPLES, POLICIES, AND LEGISLATIVE INTENT, INCLUDING BUT NOT LIMITED TO REFUNDS OF APPROPRIATION, SET FORTH IN A BUDGET BILL ENACTED IN ACCORDANCE WITH ARTICLE VII OF THE STATE CONSTITUTION. § 52. The state finance law is amended by adding a new section 2-b to read as follows: § 2-B. ADDITIONAL DEFINITIONS. AS USED IN SUBDIVISIONS NINE AND NINE-A OF SECTION EIGHT OF THIS ARTICLE, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS: 1. "REFUND OF APPROPRIATION". RECEIPT OF REFUNDS, REBATES, REIMBURSE- MENTS, CREDITS, REPAYMENTS, AND/OR DISALLOWANCES, AS DEFINED HEREIN, THE OFFICE OF THE STATE COMPTROLLER SHALL CREDIT THE REFUNDED, REBATED, S. 7505 108 A. 9505 REIMBURSED, CREDITED, REPAID, AND DISALLOWED AMOUNT BACK TO THE ORIGINAL APPROPRIATION AND REDUCE EXPENDITURES IN THE YEAR WHICH SUCH CREDIT IS RECEIVED REGARDLESS OF THE TIMING OF THE INITIAL EXPENDITURE. 2. "REFUNDS". FUNDS RECEIVED TO THE STATE RESULTING FROM THE OVERPAY- MENT OF MONIES. 3. "REBATES". FUNDS RECEIVED TO THE STATE RESULTING A FROM RETURN OF A FULL OR PARTIAL AMOUNT PREVIOUSLY PAID, AS FOR GOODS OR SERVICES, SERV- ING AS A REDUCTION, DISCOUNT OR REBATE TO THE ORIGINAL PAYMENT AMOUNT. 4. "REIMBURSEMENTS". FUNDS RECEIVED TO THE STATE AS REPAYMENT IN AN EQUIVALENT AMOUNT FOR GOODS OR SERVICES, INCLUDING BUT NOT LIMITED TO PERSONAL SERVICE COSTS, INCURRED BY THE STATE IN THE FIRST INSTANCE BEING PROVIDED TO A THIRD PARTY FOR THEIR BENEFIT AND PARTIALLY OR IN FULL FINANCED BY SUCH THIRD PARTY. 5. "CREDIT". MONIES MADE AVAILABLE TO THE STATE THAT REDUCE THE AMOUNT OWED TO A THIRD PARTY, INCLUDING BUT NOT LIMITED TO BILLING ERRORS, REBATES, AND PRIOR OVERPAYMENTS. 6. "REPAYMENT". THE RETURN OF MONIES AS PAY BACK FOR EXPENSES INCURRED. 7. "DISALLOWANCE". MONIES MADE AVAILABLE TO THE STATE THAT WERE NOT ALLOWED OR ACCEPTED OFFICIALLY BY THE INTENDED RECIPIENT, BASED ON A DETERMINATION THE PAYMENT IS NOT ACCEPTABLE AND/OR VALID. § 53. This act shall take effect immediately and shall be deemed to have been in full force and effect on and after April 1, 2020; provided, however, that the provisions of sections one, one-a, two, three, four, five, six, seven, eight, twelve, thirteen, fourteen, fifteen, sixteen, seventeen, eighteen, nineteen, twenty-one, twenty-two, twenty-three, and twenty-four of this act shall expire March 31, 2021 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 be 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 VV of this act shall be as specifically set forth in the last section of such Parts.
2019-S7505A - Details
- See Assembly Version of this Bill:
- A9505
- Law Section:
- Budget Bills
- Laws Affected:
- Amd Various Laws, generally
2019-S7505A - Summary
Enacts into law major components of legislation necessary to implement the state public protection and general government budget for the 2020-2021 state fiscal year; relates to extending the effectiveness of certain provisions of law relating to various criminal justice and public safety programs (Part A); establishes the criminal justice discovery compensation fund (Part E); relates to the closure of correctional facilities (Part F)
2019-S7505A - Bill Text download pdf
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 22, 2020 ___________ IN SENATE -- A BUDGET BILL, submitted by the Governor pursuant to arti- cle seven of the Constitution -- read twice and ordered printed, and when printed to be committed to the Committee on Finance -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee IN ASSEMBLY -- A BUDGET BILL, submitted by the Governor pursuant to article seven of the Constitution -- read once and referred to the Committee on Ways and Means -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend chapter 887 of the laws of 1983, amending the correction law relating to the psychological testing of candidates, in relation to the effectiveness thereof; to amend chapter 428 of the laws of 1999, amending the executive law and the criminal procedure law relat- ing to expanding the geographic area of employment of certain police officers, in relation to extending the expiration of such chapter; to amend chapter 886 of the laws of 1972, amending the correction law and the penal law relating to prisoner furloughs in certain cases and the crime of absconding therefrom, in relation to the effectiveness there- of; to amend chapter 261 of the laws of 1987, amending chapters 50, 53 and 54 of the laws of 1987, the correction law, the penal law and other chapters and laws relating to correctional facilities, in relation to the effectiveness thereof; to amend chapter 55 of the laws of 1992, amending the tax law and other laws relating to taxes, surcharges, fees and funding, in relation to extending the expiration of certain provisions of such chapter; to amend chapter 339 of the laws of 1972, amending the correction law and the penal law relating to inmate work release, furlough and leave, in relation to the effec- tiveness thereof; to amend chapter 60 of the laws of 1994 relating to certain provisions which impact upon expenditure of certain appropri- ations made by chapter 50 of the laws of 1994 enacting the state oper- ations budget, in relation to the effectiveness thereof; to amend chapter 3 of the laws of 1995, amending the correction law and other laws relating to the incarceration fee, in relation to extending the expiration of certain provisions of such chapter; to amend chapter 62 of the laws of 2011, amending the correction law and the executive law relating to merging the department of correctional services and divi-
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD12670-02-0 S. 7505--A 2 A. 9505--A sion of parole into the department of corrections and community super- vision, in relation to the effectiveness thereof; to amend chapter 907 of the laws of 1984, amending the correction law, the New York city criminal court act and the executive law relating to prison and jail housing and alternatives to detention and incarceration programs, in relation to extending the expiration of certain provisions of such chapter; to amend chapter 166 of the laws of 1991, amending the tax law and other laws relating to taxes, in relation to extending the expiration of certain provisions of such chapter; to amend the vehicle and traffic law, in relation to extending the expiration of the manda- tory surcharge and victim assistance fee; to amend chapter 713 of the laws of 1988, amending the vehicle and traffic law relating to the ignition interlock device program, in relation to extending the expi- ration thereof; to amend chapter 435 of the laws of 1997, amending the military law and other laws relating to various provisions, in relation to extending the expiration date of the merit provisions of the correction law and the penal law of such chapter; to amend chapter 412 of the laws of 1999, amending the civil practice law and rules and the court of claims act relating to prisoner litigation reform, in relation to extending the expiration of the inmate filing fee provisions of the civil practice law and rules and general filing fee provision and inmate property claims exhaustion requirement of the court of claims act of such chapter; to amend chapter 222 of the laws of 1994 constituting the family protection and domestic violence intervention act of 1994, in relation to extending the expiration of certain provisions of the criminal procedure law requiring the arrest of certain persons engaged in family violence; to amend chapter 505 of the laws of 1985, amending the criminal procedure law relating to the use of closed-circuit television and other protective measures for certain child witnesses, in relation to extending the expiration of the provisions thereof; to amend chapter 3 of the laws of 1995, enact- ing the sentencing reform act of 1995, in relation to extending the expiration of certain provisions of such chapter; to amend chapter 689 of the laws of 1993 amending the criminal procedure law relating to electronic court appearance in certain counties, in relation to extending the expiration thereof; to amend chapter 688 of the laws of 2003, amending the executive law relating to enacting the interstate compact for adult offender supervision, in relation to the effective- ness thereof; to amend chapter 56 of the laws of 2009, amending the correction law relating to limiting the closing of certain correction- al facilities, providing for the custody by the department of correc- tional services of inmates serving definite sentences, providing for custody of federal prisoners and requiring the closing of certain correctional facilities, in relation to the effectiveness of such chapter; to amend chapter 152 of the laws of 2001, amending the mili- tary law relating to military funds of the organized militia, in relation to the effectiveness thereof; to amend chapter 554 of the laws of 1986, amending the correction law and the penal law relating to providing for community treatment facilities and establishing the crime of absconding from the community treatment facility, in relation to the effectiveness thereof; and to amend chapter 55 of the laws of 2018 amending the criminal procedure law relating to pre-criminal proceeding settlements in the city of New York, in relation to the effectiveness thereof (Part A); to amend the correction law, in relation to expanding the definition of internet identifiers and establishing criminal personation by a sex offender (Part B); to amend S. 7505--A 3 A. 9505--A the penal law, in relation to prohibiting the use of the intoxication of a victim as defense to a criminal charge for sex crimes (Part C); to amend section 7 of part Y of chapter 57 of the laws of 2018, amend- ing the education law relating to persons practicing in certain licensed programs or services who are exempt from practice require- ments of professionals licensed by the department of education, in relation to adding the division of criminal justice services to the list of agencies not required to receive a waiver for entities provid- ing certain professional services (Part D); to amend the state finance law, in relation to establishing the district attorney discovery compensation fund; and to amend the criminal procedure law, in relation to monies recovered by county district attorneys before the filing of an accusatory instrument (Part E); in relation to the closure of correctional facility; and providing for the repeal of such provisions upon expiration thereof (Part F); to amend the correction law and the executive law, in relation to moving adolescent offenders to the office of children and family services; to repeal paragraph (a-1) of subdivision 4 of section 70.20 of the penal law and section 77 of the correction law relating thereto; to repeal paragraphs (a) through (e) of section 508 of the executive law relating to a techni- cal correction; and providing for the repeal of certain provisions upon expiration thereof (Part G); to amend the state finance law, in relation to directing the correctional industries program to provide services in certain situations (Part H); to amend the tax law, in relation to suspending the transfer of monies into the emergency services revolving loan fund from the public safety communications account (Part I); to amend the executive law, in relation to the age of appointment for sworn members of the New York state police; and providing for the repeal of such provisions upon expiration thereof (Part J); to amend the penal law, in relation to the possession and sale of firearm, rifle, and shotgun components (Part K); to amend the executive law, in relation to administrative subpoenas (Part L); to amend the criminal procedure law, in relation to establishing the safe homes and families act (Part M); to amend the penal law, in relation to firearm licenses (Part N); to amend the executive law, in relation to the reporting of firearms (Part O); to amend the mental hygiene law, in relation to sharing information from mental health profes- sionals with other states (Part P); to amend the penal law, in relation to establishing the crime of domestic violence (Part Q); to amend the penal law and the criminal procedure law, in relation to enacting the "New York Hate Crime Anti-Terrorism Act" (Part R); to amend the civil service law, in relation to reimbursement for medicare premium charges (Part S); to amend the civil practice law and rules and the state finance law, in relation to the rate of interest to be paid on judgement and accrued claims (Part T); to amend the civil service law, in relation to capping the standard medicare premium charge (Part U); to amend the civil service law, in relation to the state's contribution to the cost of health insurance premiums for future retirees of the state and their dependents (Part V); to amend the civil service law, in relation to continuing to protect and strengthen unions (Part W); to amend the state technology law and the state finance law, in relation to authorizing comprehensive technology service contracts (Part X); to amend the state finance law and the state technology law, in relation to defining the term technology to include computer information, electronic information, interconnected systems and related material thereto (Part Y); to amend section 1 of S. 7505--A 4 A. 9505--A part S of chapter 56 of the laws of 2010, relating to establishing a joint appointing authority for the state financial system project, in relation to statewide financial system procurements (Part Z); to amend the public buildings law, in relation to the leasing of real property (Part AA); to amend the state finance law, in relation to sexual harassment disclosure with respect to state contracts (Part BB); to amend the alcoholic beverage control law, in relation to creating a higher education institution license (Part CC); to amend the alcoholic beverage control law, in relation to allowing food that is typically found in a motion picture theatre to be deemed in compliance with food requirements to serve alcoholic beverages (Part DD); to amend the alcoholic beverage control law, in relation to tied house restrictions (Part EE); to amend the alcoholic beverage control law, in relation to establishing the hours during which alcoholic beverages may be sold in certain international airport property (Part FF); to amend the work- ers' compensation law, in relation to diversifying the New York state insurance fund's investment authority (Part GG); to amend the workers' compensation law, in relation to combatting the New York state insur- ance fund's surprise premium increases (Part HH); to amend the work- ers' compensation law, in relation to allowing the New York state insurance fund to enter into agreement with private insurance provid- ers to cover out-of-state work (Part II); to amend the election law, in relation to triggering automatic manual recounts in elections that finish with a small margin of victory (Part JJ); to amend the state finance law, in relation to video lottery terminal aid (Part KK); to amend the general municipal law, in relation to enhancing flexibility within the county-wide shared services initiative (Part LL); to amend the local finance law, in relation to the voting requirements for the financial restructuring board for local governments (Part MM); to amend the tax law and the public authorities law, in relation to AIM- related sales tax payments in the counties of Nassau and Erie (Part NN); to amend the county law, the correction law and the judiciary law, in relation to authorizing shared county jails (Part OO); to amend the domestic relations law, in relation to consideration of the effects of domestic violence and other acts on future financial circumstances to determine equitable distribution of marital property (Part PP); to amend the public authorities law, in relation to ensur- ing pay equity at state and local public authorities (Part QQ); to amend the family court act and the criminal procedure law, in relation to orders of protection (Part RR); to amend the election law, in relation to banning campaign contributions from foreign corporations (Part SS); to amend the public officers law and the election law, in relation to requiring the disclosure of tax returns for certain elected officials and appointed employees (Part TT); to amend the executive law and the tax law, in relation to disclosure requirements for certain nonprofits (Part UU); to provide for the administration of certain funds and accounts related to the 2020-2021 budget, authoriz- ing certain payments and transfers; to amend the state finance law, in relation to the administration of certain funds and accounts; to amend 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, in relation to the issuance of certain bonds or notes; to amend 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, in relation to the issuance of certain bonds or notes; to amend the public authorities law, in relation to the S. 7505--A 5 A. 9505--A issuance of certain bonds or notes; to amend 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, in relation to the issuance of certain bonds or notes; to amend the New York state medical care facilities finance agency act, in relation to the issuance of certain bonds or notes; to amend the New York state urban development corporation act, in relation to the issuance of certain bonds or 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 certain bonds or notes; to amend the public author- ities law, in relation to the issuance of certain bonds or notes; to amend the New York state urban development corporation act, in relation to the issuance of certain bonds or notes; to amend the private housing finance law, in relation to housing program bonds and notes; to amend the state finance law, in relation to payments of bonds; to amend the civil practice law and rules, in relation to an action related to a bond; and providing for the repeal of certain provisions upon expiration thereof (Part VV); and to amend part E of chapter 60 of the laws of 2015, establishing a commission on legisla- tive, judicial and executive compensation, and providing for the powers and duties of the commission and for the dissolution of the commission, in relation to the powers of the members of the commission (Part WW) 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 2020-2021 state fiscal year. Each component is wholly contained within a Part identified as Parts A through WW. The effective date for each particular provision contained within such Part is set forth in the last section of such Part. Any provision in any section contained within a Part, includ- ing the effective date of the Part, which makes a reference to a section "of this act", when used in connection with that particular component, shall be deemed to mean and refer to the corresponding section of the Part in which it is found. Section three of this act sets forth the general effective date of this act. PART A Section 1. Section 2 of chapter 887 of the laws of 1983, amending the correction law relating to the psychological testing of candidates, as amended by section 1 of part O of chapter 55 of the laws of 2019, is amended to read as follows: § 2. This act shall take effect on the one hundred eightieth day after it shall have become a law and shall remain in effect until September 1, [2020] 2022. § 2. Section 3 of chapter 428 of the laws of 1999, amending the execu- tive law and the criminal procedure law relating to expanding the geographic area of employment of certain police officers, as amended by section 2 of part O of chapter 55 of the laws of 2019, is amended to read as follows: S. 7505--A 6 A. 9505--A § 3. This act shall take effect on the first day of November next succeeding the date on which it shall have become a law, and shall remain in effect until the first day of September, [2020] 2022, when it shall expire and be deemed repealed. § 3. Section 3 of chapter 886 of the laws of 1972, amending the correction law and the penal law relating to prisoner furloughs in certain cases and the crime of absconding therefrom, as amended by section 3 of part O of chapter 55 of the laws of 2019, is amended to read as follows: § 3. This act shall take effect 60 days after it shall have become a law and shall remain in effect until September 1, [2020] 2022. § 4. Section 20 of chapter 261 of the laws of 1987, amending chapters 50, 53 and 54 of the laws of 1987, the correction law, the penal law and other chapters and laws relating to correctional facilities, as amended by section 4 of part O of chapter 55 of the laws of 2019, is amended to read as follows: § 20. This act shall take effect immediately except that section thir- teen of this act shall expire and be of no further force or effect on and after September 1, [2020] 2022 and shall not apply to persons committed to the custody of the department after such date, and provided further that the commissioner of corrections and community supervision shall report each January first and July first during such time as the earned eligibility program is in effect, to the chairmen of the senate crime victims, crime and correction committee, the senate codes commit- tee, the assembly correction committee, and the assembly codes commit- tee, the standards in effect for earned eligibility during the prior six-month period, the number of inmates subject to the provisions of earned eligibility, the number who actually received certificates of earned eligibility during that period of time, the number of inmates with certificates who are granted parole upon their first consideration for parole, the number with certificates who are denied parole upon their first consideration, and the number of individuals granted and denied parole who did not have earned eligibility certificates. § 5. Subdivision (q) of section 427 of chapter 55 of the laws of 1992, amending the tax law and other laws relating to taxes, surcharges, fees and funding, as amended by section 5 of part O of chapter 55 of the laws of 2019, is amended to read as follows: (q) the provisions of section two hundred eighty-four of this act shall remain in effect until September 1, [2020] 2022 and be applicable to all persons entering the program on or before August 31, [2020] 2022. § 6. Section 10 of chapter 339 of the laws of 1972, amending the correction law and the penal law relating to inmate work release, furlough and leave, as amended by section 6 of part O of chapter 55 of the laws of 2019, is amended to read as follows: § 10. This act shall take effect 30 days after it shall have become a law and shall remain in effect until September 1, [2020] 2022, and provided further that the commissioner of correctional services shall report each January first, and July first, to the chairman of the senate crime victims, crime and correction committee, the senate codes commit- tee, the assembly correction committee, and the assembly codes commit- tee, the number of eligible inmates in each facility under the custody and control of the commissioner who have applied for participation in any program offered under the provisions of work release, furlough, or leave, and the number of such inmates who have been approved for partic- ipation. S. 7505--A 7 A. 9505--A § 7. Subdivision (c) of section 46 of chapter 60 of the laws of 1994, relating to certain provisions which impact upon expenditure of certain appropriations made by chapter 50 of the laws of 1994, enacting the state operations budget, as amended by section 7 of part O of chapter 55 of the laws of 2019, is amended to read as follows: (c) sections forty-one and forty-two of this act shall expire Septem- ber 1, [2020] 2022; provided, that the provisions of section forty-two of this act shall apply to inmates entering the work release program on or after such effective date; and § 8. Subdivision h of section 74 of chapter 3 of the laws of 1995, amending the correction law and other laws relating to the incarceration fee, as amended by section 8 of part O of chapter 55 of the laws of 2019, is amended to read as follows: h. Section fifty-two of this act shall be deemed to have been in full force and effect on and after April 1, 1995; provided, however, that the provisions of section 189 of the correction law, as amended by section fifty-five of this act, subdivision 5 of section 60.35 of the penal law, as amended by section fifty-six of this act, and section fifty-seven of this act shall expire September 1, [2020] 2022, when upon such date the amendments to the correction law and penal law made by sections fifty- five and fifty-six of this act shall revert to and be read as if the provisions of this act had not been enacted; provided, however, that sections sixty-two, sixty-three and sixty-four of this act shall be deemed to have been in full force and effect on and after March 1, 1995 and shall be deemed repealed April 1, 1996 and upon such date the provisions of subsection (e) of section 9110 of the insurance law and subdivision 2 of section 89-d of the state finance law shall revert to and be read as set out in law on the date immediately preceding the effective date of sections sixty-two and sixty-three of this act; § 9. Subdivision (c) of section 49 of subpart A of part C of chapter 62 of the laws of 2011, amending the correction law and the executive law relating to merging the department of correctional services and division of parole into the department of corrections and community supervision, as amended by section 9 of part O of chapter 55 of the laws of 2019, is amended to read as follows: (c) that the amendments to subdivision 9 of section 201 of the correction law as added by section thirty-two of this act shall remain in effect until September 1, [2020] 2022, when it shall expire and be deemed repealed; § 10. Subdivision (aa) of section 427 of chapter 55 of the laws of 1992, amending the tax law and other laws relating to taxes, surcharges, fees and funding, as amended by section 10 of part O of chapter 55 of the laws of 2019, is amended to read as follows: (aa) the provisions of sections three hundred eighty-two, three hundred eighty-three and three hundred eighty-four of this act shall expire on September 1, [2020] 2022; § 11. Section 12 of chapter 907 of the laws of 1984, amending the correction law, the New York city criminal court act and the executive law relating to prison and jail housing and alternatives to detention and incarceration programs, as amended by section 11 of part O of chap- ter 55 of the laws of 2019, is amended to read as follows: § 12. This act shall take effect immediately, except that the provisions of sections one through ten of this act shall remain in full force and effect until September 1, [2020] 2022 on which date those provisions shall be deemed to be repealed. S. 7505--A 8 A. 9505--A § 12. Subdivision (p) of section 406 of chapter 166 of the laws of 1991, amending the tax law and other laws relating to taxes, as amended by section 12 of part O of chapter 55 of the laws of 2019, is amended to read as follows: (p) The amendments to section 1809 of the vehicle and traffic law made by sections three hundred thirty-seven and three hundred thirty-eight of this act shall not apply to any offense committed prior to such effec- tive date; provided, further, that section three hundred forty-one of this act shall take effect immediately and shall expire November 1, 1993 at which time it shall be deemed repealed; sections three hundred forty-five and three hundred forty-six of this act shall take effect July 1, 1991; sections three hundred fifty-five, three hundred fifty- six, three hundred fifty-seven and three hundred fifty-nine of this act shall take effect immediately and shall expire June 30, 1995 and shall revert to and be read as if this act had not been enacted; section three hundred fifty-eight of this act shall take effect immediately and shall expire June 30, 1998 and shall revert to and be read as if this act had not been enacted; section three hundred sixty-four through three hundred sixty-seven of this act shall apply to claims filed on or after such effective date; sections three hundred sixty-nine, three hundred seven- ty-two, three hundred seventy-three, three hundred seventy-four, three hundred seventy-five and three hundred seventy-six of this act shall remain in effect until September 1, [2020] 2022, at which time they shall be deemed repealed; provided, however, that the mandatory surcharge provided in section three hundred seventy-four of this act shall apply to parking violations occurring on or after said effective date; and provided further that the amendments made to section 235 of the vehicle and traffic law by section three hundred seventy-two of this act, the amendments made to section 1809 of the vehicle and traffic law by sections three hundred thirty-seven and three hundred thirty-eight of this act and the amendments made to section 215-a of the labor law by section three hundred seventy-five of this act shall expire on September 1, [2020] 2022 and upon such date the provisions of such subdivisions and sections shall revert to and be read as if the provisions of this act had not been enacted; the amendments to subdivisions 2 and 3 of section 400.05 of the penal law made by sections three hundred seventy- seven and three hundred seventy-eight of this act shall expire on July 1, 1992 and upon such date the provisions of such subdivisions shall revert and shall be read as if the provisions of this act had not been enacted; the state board of law examiners shall take such action as is necessary to assure that all applicants for examination for admission to practice as an attorney and counsellor at law shall pay the increased examination fee provided for by the amendment made to section 465 of the judiciary law by section three hundred eighty of this act for any exam- ination given on or after the effective date of this act notwithstanding that an applicant for such examination may have prepaid a lesser fee for such examination as required by the provisions of such section 465 as of the date prior to the effective date of this act; the provisions of section 306-a of the civil practice law and rules as added by section three hundred eighty-one of this act shall apply to all actions pending on or commenced on or after September 1, 1991, provided, however, that for the purposes of this section service of such summons made prior to such date shall be deemed to have been completed on September 1, 1991; the provisions of section three hundred eighty-three of this act shall apply to all money deposited in connection with a cash bail or a partially secured bail bond on or after such effective date; and the S. 7505--A 9 A. 9505--A provisions of sections three hundred eighty-four and three hundred eighty-five of this act shall apply only to jury service commenced during a judicial term beginning on or after the effective date of this act; provided, however, that nothing contained herein shall be deemed to affect the application, qualification, expiration or repeal of any provision of law amended by any section of this act and such provisions shall be applied or qualified or shall expire or be deemed repealed in the same manner, to the same extent and on the same date as the case may be as otherwise provided by law; § 13. Subdivision 8 of section 1809 of the vehicle and traffic law, as amended by section 13 of part O of chapter 55 of the laws of 2019, is amended to read as follows: 8. The provisions of this section shall only apply to offenses commit- ted on or before September first, two thousand [twenty] TWENTY-TWO. § 14. Section 6 of chapter 713 of the laws of 1988, amending the vehi- cle and traffic law relating to the ignition interlock device program, as amended by section 14 of part O of chapter 55 of the laws of 2019, is amended to read as follows: § 6. This act shall take effect on the first day of April next succeeding the date on which it shall have become a law; provided, however, that effective immediately, the addition, amendment or repeal of any rule or regulation necessary for the implementation of the fore- going sections of this act on their effective date is authorized and directed to be made and completed on or before such effective date and shall remain in full force and effect until the first day of September, [2020] 2022 when upon such date the provisions of this act shall be deemed repealed. § 15. Paragraph a of subdivision 6 of section 76 of chapter 435 of the laws of 1997, amending the military law and other laws relating to vari- ous provisions, as amended by section 15 of part O of chapter 55 of the laws of 2019, is amended to read as follows: a. sections forty-three through forty-five of this act shall expire and be deemed repealed on September 1, [2020] 2022; § 16. Section 4 of part D of chapter 412 of the laws of 1999, amending the civil practice law and rules and the court of claims act relating to prisoner litigation reform, as amended by section 16 of part O of chap- ter 55 of the laws of 2019, is amended to read as follows: § 4. This act shall take effect 120 days after it shall have become a law and shall remain in full force and effect until September 1, [2020] 2022, when upon such date it shall expire. § 17. Subdivision 2 of section 59 of chapter 222 of the laws of 1994, constituting the family protection and domestic violence intervention act of 1994, as amended by section 17 of part O of chapter 55 of the laws of 2019, is amended to read as follows: 2. Subdivision 4 of section 140.10 of the criminal procedure law as added by section thirty-two of this act shall take effect January 1, 1996 and shall expire and be deemed repealed on September 1, [2020] 2022. § 18. Section 5 of chapter 505 of the laws of 1985, amending the crim- inal procedure law relating to the use of closed-circuit television and other protective measures for certain child witnesses, as amended by section 18 of part O of chapter 55 of the laws of 2019, is amended to read as follows: § 5. This act shall take effect immediately and shall apply to all criminal actions and proceedings commenced prior to the effective date of this act but still pending on such date as well as all criminal S. 7505--A 10 A. 9505--A actions and proceedings commenced on or after such effective date and its provisions shall expire on September 1, [2020] 2022, when upon such date the provisions of this act shall be deemed repealed. § 19. Subdivision d of section 74 of chapter 3 of the laws of 1995, enacting the sentencing reform act of 1995, as amended by section 19 of part O of chapter 55 of the laws of 2019, is amended to read as follows: d. Sections one-a through twenty, twenty-four through twenty-eight, thirty through thirty-nine, forty-two and forty-four of this act shall be deemed repealed on September 1, [2020] 2022; § 20. Section 2 of chapter 689 of the laws of 1993, amending the crim- inal procedure law relating to electronic court appearance in certain counties, as amended by section 20 of part O of chapter 55 of the laws of 2019, is amended to read as follows: § 2. This act shall take effect immediately, except that the provisions of this act shall be deemed to have been in full force and effect since July 1, 1992 and the provisions of this act shall expire September 1, [2020] 2022 when upon such date the provisions of this act shall be deemed repealed. § 21. Section 3 of chapter 688 of the laws of 2003, amending the exec- utive law relating to enacting the interstate compact for adult offender supervision, as amended by section 21 of part O of chapter 55 of the laws of 2019, is amended to read as follows: § 3. This act shall take effect immediately, except that section one of this act shall take effect on the first of January next succeeding the date on which it shall have become a law, and shall remain in effect until the first of September, [2020] 2022, upon which date this act shall be deemed repealed and have no further force and effect; provided that section one of this act shall only take effect with respect to any compacting state which has enacted an interstate compact entitled "Interstate compact for adult offender supervision" and having an iden- tical effect to that added by section one of this act and provided further that with respect to any such compacting state, upon the effec- tive date of section one of this act, section 259-m of the executive law is hereby deemed REPEALED and section 259-mm of the executive law, as added by section one of this act, shall take effect; and provided further that with respect to any state which has not enacted an inter- state compact entitled "Interstate compact for adult offender super- vision" and having an identical effect to that added by section one of this act, section 259-m of the executive law shall take effect and the provisions of section one of this act, with respect to any such state, shall have no force or effect until such time as such state shall adopt an interstate compact entitled "Interstate compact for adult offender supervision" and having an identical effect to that added by section one of this act in which case, with respect to such state, effective imme- diately, section 259-m of the executive law is deemed repealed and section 259-mm of the executive law, as added by section one of this act, shall take effect. § 22. Section 8 of part H of chapter 56 of the laws of 2009, amending the correction law relating to limiting the closing of certain correc- tional facilities, providing for the custody by the department of correctional services of inmates serving definite sentences, providing for custody of federal prisoners and requiring the closing of certain correctional facilities, as amended by section 22 of part O of chapter 55 of the laws of 2019, is amended to read as follows: S. 7505--A 11 A. 9505--A § 8. This act shall take effect immediately; provided, however that sections five and six of this act shall expire and be deemed repealed September 1, [2020] 2022. § 23. Section 3 of part C of chapter 152 of the laws of 2001, amending the military law relating to military funds of the organized militia, as amended by section 23 of part O of chapter 55 of the laws of 2019, is amended to read as follows: § 3. This act shall take effect immediately; 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, [2020] 2022. § 24. Section 5 of chapter 554 of the laws of 1986, amending the correction law and the penal law relating to providing for community treatment facilities and establishing the crime of absconding from the community treatment facility, as amended by section 24 of part O of chapter 55 of the laws of 2019, is amended to read as follows: § 5. This act shall take effect immediately and shall remain in full force and effect until September 1, [2020] 2022, and provided further that the commissioner of correctional services shall report each January first and July first during such time as this legislation is in effect, to the chairmen of the senate crime victims, crime and correction committee, the senate codes committee, the assembly correction commit- tee, and the assembly codes committee, the number of individuals who are released to community treatment facilities during the previous six-month period, including the total number for each date at each facility who are not residing within the facility, but who are required to report to the facility on a daily or less frequent basis. § 25. Section 2 of part F of chapter 55 of the laws of 2018, amending the criminal procedure law relating to pre-criminal proceeding settle- ments in the city of New York, as amended by section 25 of part O of chapter 55 of the laws of 2019, is amended to read as follows: § 2. This act shall take effect immediately and shall remain in full force and effect until March 31, [2020] 2022, when it shall expire and be deemed repealed. § 26. This act shall take effect immediately, provided however that section twenty-five of this act shall be deemed to have been in full force and effect on and after March 31, 2020. PART B Section 1. Subdivision 16 of section 168-a of the correction law, as added by chapter 67 of the laws of 2008, is amended to read as follows: 16. "Authorized internet entity" means any business, organization or other entity providing or offering a service over the internet which permits persons [under eighteen years of age] to access, meet, congre- gate or communicate with other users for the purpose of social network- ing. This definition shall not include general e-mail services. Section 2. Subdivision 18 of section 168-a of the correction law, as added by chapter 67 of the laws of 2008, is amended to read as follows: 18. "Internet identifiers" means [electronic mail addresses and desig- nations used for the purposes of chat, instant messaging, social networking or other similar internet communication] (A) PERSON-SPECIFIC DESIGNATIONS, INCLUDING BUT NOT LIMITED TO ELECTRONIC MAIL ADDRESSES, PHONE NUMBERS, ACCOUNT NAMES, USER NAMES, SCREEN NAMES AND GAMING TAGS, AS WELL AS ALIASES USED FOR THE PURPOSES OF CHATTING, MESSAGING, GAMING, DATING, NETWORKING, SOCIAL MEDIA, FILE SHARING, INFORMATION SHARING, OR S. 7505--A 12 A. 9505--A OTHER INTERNET COMMUNICATION OR CONTACT AND (B) THE NAME OR NAMES OF INTERNET APPLICATIONS, OR OTHER DOWNLOADABLE APPLICATIONS INTENDED FOR USE ON A MOBILE DEVICE, SITES, PLATFORMS OR OTHER SOFTWARE WHERE SUCH PERSON-SPECIFIC DESIGNATIONS OR ALIASES ARE USED TO ENGAGE IN CHAT, MESSAGING, GAMING, DATING, NETWORKING, SOCIAL MEDIA, FILE SHARING, INFORMATION SHARING, OR OTHER INTERNET COMMUNICATION OR CONTACT. § 3. Subdivision 10 of section 168-b of the correction law, as added by chapter 67 of the laws of 2008, is amended to read as follows: 10. The division shall, upon the request of any authorized internet entity, release to such entity internet identifiers that would enable such entity to prescreen or remove sex offenders from its services or, in conformity with state and federal law, advise law enforcement and/or other governmental entities of potential violations of law and/or threats to public safety. Before releasing any information the division shall require an authorized internet entity that requests information from the registry to submit to the division the name, address and tele- phone number of such entity and the specific legal nature and corporate status of such entity. Except for the purposes specified in this subdi- vision, an authorized internet entity shall not publish or in any way disclose or redisclose any information provided to it by the division pursuant to this subdivision. AN AUTHORIZED INTERNET ENTITY OR INTERNET ACCESS PROVIDER SHALL REVIEW THE INFORMATION PROVIDED BY THE DIVISION PURSUANT TO THIS SECTION. SUCH AUTHORIZED INTERNET ENTITY OR INTERNET ACCESS PROVIDER SHALL DEVELOP POLICIES REGARDING THE USE OF SUCH INFOR- MATION AND PUBLICLY RELEASE SUCH POLICIES TO ITS USERS, IN ACCORDANCE WITH RULES AND REGULATIONS PROMULGATED BY THE DIVISION PURSUANT TO THIS SUBDIVISION. The division may charge an authorized internet entity a fee for access to registered internet identifiers requested by such entity pursuant to this subdivision. The division shall promulgate rules and regulations relating to procedures for the release of information in the registry, including but not limited to, the disclosure and redisclosure of such information, and the imposition of any fees, AND RULES AND REGU- LATIONS RELATING TO CRITERIA REQUIRED FOR THE POLICIES TO BE DEVELOPED BY AUTHORIZED INTERNET ENTITIES AND INTERNET ACCESS PROVIDERS. § 4. Section 168-w of the correction law, as relettered by chapter 604 of the laws of 2005, is relettered section 168-x and a new section 168-w is added to read as follows: § 168-W. CRIMINAL PERSONATION BY A SEX OFFENDER. 1. A PERSON IS GUILTY OF CRIMINAL PERSONATION BY A SEX OFFENDER WHEN, BEING REQUIRED TO REGIS- TER OR VERIFY UNDER THE PROVISIONS OF THIS ARTICLE, HE OR SHE, FOR THE PURPOSE OF ENGAGING IN CHAT, MESSAGING, GAMING, DATING, NETWORKING, SOCIAL MEDIA, FILE SHARING, INFORMATION SHARING, OR OTHER INTERNET COMMUNICATION OR CONTACT, KNOWINGLY MISREPRESENTS HIS OR HER ACTUAL NAME, GENDER, DATE OF BIRTH, ADDRESS, OR STATUS AS A SEX OFFENDER TO ANOTHER PERSON, WITH THE INTENT TO DEFRAUD, DECEIVE OR INJURE SUCH PERSON OR ANOTHER PERSON. 2. ANY SEX OFFENDER REQUIRED TO REGISTER OR TO VERIFY PURSUANT TO THE PROVISIONS OF THIS ARTICLE WHO COMMITS THE CRIME OF CRIMINAL PERSONATION BY A SEX OFFENDER AS DEFINED IN SUBDIVISION ONE OF THIS SECTION SHALL BE GUILTY OF A CLASS E FELONY UPON CONVICTION FOR THE FIRST OFFENSE, AND UPON CONVICTION FOR A SECOND OR SUBSEQUENT OFFENSE SHALL BE GUILTY OF A CLASS D FELONY. THE COMMISSION OF SUCH OFFENSE SHALL ALSO BE THE BASIS FOR REVOCATION OF PAROLE PURSUANT TO SECTION TWO HUNDRED FIFTY-NINE-I OF THE EXECUTIVE LAW OR THE BASIS FOR REVOCATION OF PROBATION PURSUANT TO ARTICLE FOUR HUNDRED TEN OF THE CRIMINAL PROCEDURE LAW. § 5. This act shall take effect immediately. S. 7505--A 13 A. 9505--A PART C Section 1. Subdivision 6 of section 130.00 of the penal law is amended to read as follows: 6. "Mentally incapacitated" means that a person is rendered temporar- ily incapable of appraising or controlling his OR HER conduct owing to the influence of a narcotic or intoxicating substance administered to him OR HER without his OR HER consent, or to any other act committed upon him OR HER without his OR HER consent. § 2. Paragraph (d) of subdivision 2 of section 130.05 of the penal law, as amended by chapter 40 of the laws of 2004, is amended and a new paragraph (e) is added to read as follows: (d) Where the offense charged is SEXUAL MISCONDUCT AS DEFINED IN SUBDIVISIONS ONE AND TWO OF SECTION 130.20, rape in the third degree as defined in subdivision three of section 130.25, or criminal sexual act in the third degree as defined in subdivision three of section 130.40, in addition to forcible compulsion, circumstances under which, at the time of the act of intercourse, oral sexual conduct or anal sexual conduct, the victim clearly expressed that he or she did not consent to engage in such act, and a reasonable person in the actor's situation would have understood such person's words and acts as an expression of lack of consent to such act under all the circumstances[.]; OR (E) WHERE THE OFFENSE CHARGED IS SEXUAL MISCONDUCT AS DEFINED IN SUBDIVISIONS ONE AND TWO OF SECTION 130.20, RAPE IN THE THIRD DEGREE AS DEFINED IN SUBDIVISION THREE OF SECTION 130.25, OR CRIMINAL SEXUAL ACT IN THE THIRD DEGREE AS DEFINED IN SUBDIVISION THREE OF SECTION 130.40, IN ADDITION TO FORCIBLE COMPULSION, CIRCUMSTANCES UNDER WHICH, AT THE TIME OF THE ACT OF INTERCOURSE, ORAL SEXUAL CONDUCT OR ANAL SEXUAL CONDUCT, THE VICTIM IS UNDER THE INFLUENCE OF ANY DRUG, INTOXICANT, OR OTHER SUBSTANCE TO A DEGREE WHICH RENDERS THAT PERSON UNABLE TO GIVE KNOWING AND VOLUNTARY CONSENT AND THAT CONDITION IS KNOWN OR REASONABLY SHOULD BE KNOWN TO A PERSON IN THE ACTOR'S SITUATION. § 3. Subdivision 4 of section 130.35 of the penal law, as added by chapter 1 of the laws of 2000, is amended and a new subdivision 5 is added to read as follows: 4. Who is less than thirteen years old and the actor is eighteen years old or more[.]; OR 5. WHO IS INCAPABLE OF CONSENT BY REASON OF BEING MENTALLY INCAPACI- TATED AS DEFINED IN SUBDIVISION SIX OF SECTION 130.00 OF THIS ARTICLE AND SUCH INCAPACITATION IS DUE IN PART TO THE CONDUCT OF THE ACTOR, AND THE ACTOR INTENDED TO CAUSE SUCH INCAPACITATION. § 4. Subdivision 4 of section 130.50 of the penal law, as amended by chapter 264 of the laws of 2003, is amended and a new subdivision 5 is added to read as follows: 4. Who is less than thirteen years old and the actor is eighteen years old or more[.]; OR 5. WHO IS INCAPABLE OF CONSENT BY REASON OF BEING MENTALLY INCAPACI- TATED AS DEFINED IN SUBDIVISION SIX OF SECTION 130.00 OF THIS ARTICLE AND SUCH INCAPACITATION IS DUE IN PART TO THE CONDUCT OF THE ACTOR, AND THE ACTOR INTENDED TO CAUSE SUCH INCAPACITATION. § 5. This act shall take effect on the one hundred eightieth day after it shall have become a law. PART D S. 7505--A 14 A. 9505--A Section 1. Section 7 of part Y of chapter 57 of the laws of 2018, amending the education law relating to persons practicing in certain licensed programs or services who are exempt from practice requirements of professionals licensed by the department of education, is amended to read as follows: § 7. Programs and services operated, regulated, funded, or approved by the department of mental hygiene, the office of children and family services, the department of corrections and community supervision, the office of temporary and disability assistance, the state office for the aging [and], the department of health, AND THE DIVISION OF CRIMINAL JUSTICE SERVICES or a local governmental unit as the term is defined in section 41.03 of the mental hygiene law or a social services district as defined in section 61 of the social services law shall not be required to receive a waiver pursuant to section 6503-a of the education law and, further, such programs and services shall also be considered to be approved settings for the receipt of supervised experience for the professions governed by articles 153, 154 and 163 of the education law. § 2. This act shall take effect immediately. PART E Section 1. The state finance law is amended by adding a new section 99-hh to read as follows: § 99-HH. DISTRICT ATTORNEY DISCOVERY COMPENSATION FUND. 1. THERE IS HEREBY ESTABLISHED IN THE JOINT CUSTODY OF THE STATE COMPTROLLER AND THE COMMISSIONER OF TAXATION AND FINANCE A FUND TO BE KNOWN AS THE DISTRICT ATTORNEY DISCOVERY COMPENSATION FUND. 2. (A) SUCH FUND SHALL CONSIST OF TWO MILLION DOLLARS UPON IMMEDIATE TRANSFER FROM FUNDS SECURED BY PAYMENTS ASSOCIATED WITH STATE SANCTIONED DEFERRED PROSECUTION AGREEMENTS CURRENTLY HELD ON DEPOSIT WITH THE OFFICE OF THE MANHATTAN DISTRICT ATTORNEY. (B) THE OFFICE OF THE MANHATTAN DISTRICT ATTORNEY SHALL ANNUALLY REMIT TWO MILLION DOLLARS OF FUTURE STATE SANCTIONED DEFERRED PROSECUTION AGREEMENT FUNDS WHICH HAVE BEEN SECURED BY JANUARY FIRST OF THE SUBSE- QUENT YEAR. IF TWO MILLION DOLLARS IN FUTURE FUNDING HAS NOT BEEN SECURED, THE OFFICE OF THE MANHATTAN DISTRICT ATTORNEY SHALL TRANSFER TWO MILLION DOLLARS FROM FUNDS SECURED BY PAYMENTS ASSOCIATED WITH STATE SANCTIONED DEFERRED PROSECUTION AGREEMENTS CURRENTLY HELD ON DEPOSIT WITH THE OFFICE OF THE MANHATTAN DISTRICT ATTORNEY BY JANUARY FIRST. 3. MONIES OF THE DISTRICT ATTORNEY DISCOVERY COMPENSATION FUND, FOLLOWING APPROPRIATION BY THE LEGISLATURE AND ALLOCATION BY THE DIREC- TOR OF THE BUDGET, SHALL BE MADE AVAILABLE FOR LOCAL ASSISTANCE SERVICES AND EXPENSES RELATED TO DIGITAL EVIDENCE TRANSMISSION TECHNOLOGY. § 2. Section 95.00 of the criminal procedure law, as added by section 1 of part F of chapter 55 of the laws of 2018, is amended to read as follows: § 95.00 Pre-criminal proceeding settlement. When a county district attorney of a county located in a city of one million or more recovers monies before the filing of an accusatory instrument as defined in subdivision one of section 1.20 of this chap- ter, after injured parties have been appropriately compensated, the district attorney's office shall retain a percentage of the remaining such monies in recognition that such monies were recovered as a result of investigations undertaken by such office. For each recovery the total amount of such monies to be retained by the county district attorney's office shall equal ten percent of the first twenty-five million dollars S. 7505--A 15 A. 9505--A received by such office, plus seven and one-half percent of such monies received by such office in excess of twenty-five million dollars but less than fifty million dollars, plus five percent of any such monies received by such office in excess of fifty million dollars but less than one hundred million dollars, plus one percent of such monies received by such office in excess of one hundred million dollars. The remainder of such monies shall be paid by the district attorney's office to the state and to the county in equal amounts within thirty days of receipt, where disposition of such monies is not otherwise prescribed by law. Monies distributed to a county district attorney's office pursuant to this section shall be used to enhance law enforcement efforts within the state of New York. On December first of each year, every district attor- ney shall provide the governor, temporary president of the senate and speaker of the assembly with an annual report detailing the total amount of monies received as described herein by his or her office [and], a description of how and where such funds, AND AN ITEMIZATION OF FUNDS RECEIVED IN THE PREVIOUS TEN YEARS, were distributed by his or her office but shall not include a description of the distribution of monies where the disclosure of such information would interfere with a law enforcement investigation or a judicial proceeding, AND THE CURRENT TOTAL BALANCE OF MONIES HELD ON DEPOSIT FOR STATE SANCTIONED DEFERRED PROSECUTION AGREEMENTS. The report shall include a detailed description of any entity to which funds are distributed, including but not limited to, whether it is a profit or not-for-profit entity, where it is located, and the intended use of the monies distributed, and shall state the law enforcement purpose. § 3. This act shall take effect immediately; provided, however, that the amendments to section 95.00 of the criminal procedure law made by section two of this act shall not affect the repeal of such section and shall be deemed repealed therewith. PART F Section 1. Notwithstanding the provisions of sections 79-a and 79-b of the correction law, the governor is authorized to close correctional facilities of the department of corrections and community supervision, in the state fiscal year 2020-2021, as he determines to be necessary for the cost-effective and efficient operation of the correctional system, provided that the governor provides at least 90 days notice prior to any such closures to the temporary president of the senate and the speaker of the assembly. § 2. This act shall take effect immediately and shall be deemed to have been in full force and effect on and after April 1, 2020 and shall expire and be deemed repealed March 31, 2021. PART G Section 1. Paragraph (a-1) of subdivision 4 of section 70.20 of the penal law is REPEALED. § 2. Section 77 of the correction law is REPEALED. § 3. The correction law is amended by adding a new section 80 to read as follows: § 80. TRANSFER OF ADOLESCENTS FROM THE DEPARTMENT. THE DEPARTMENT AND THE OFFICE OF CHILDREN AND FAMILY SERVICES SHALL JOINTLY ESTABLISH A TRANSITION PLAN AND PROTOCOL TO BE USED IN TRANSFERRING CUSTODY OF ALL ADOLESCENT OFFENDERS AND INDIVIDUALS UNDER THE AGE OF EIGHTEEN FROM THE S. 7505--A 16 A. 9505--A CUSTODY OF THE DEPARTMENT TO THE CUSTODY OF THE OFFICE OF CHILDREN AND FAMILY SERVICES ON OR BEFORE OCTOBER FIRST, TWO THOUSAND TWENTY. THE PLAN AND PROTOCOL SHALL BE COMPLETED ON OR BEFORE JULY FIRST, TWO THOU- SAND TWENTY. § 4. The section heading and subdivisions 1, 2, 7 and 8 of section 508 of the executive law, the section heading as added by chapter 481 of the laws of 1978, subdivision 1 as amended by chapter 738 of the laws of 2004, subdivisions 2, 7 and 8 as amended by section 82 of part WWW of chapter 59 of the laws of 2017 and such section as renumbered by chapter 465 of the laws of 1992, are amended to read as follows: Juvenile offender AND ADOLESCENT OFFENDER facilities. 1. The office of children and family services shall maintain secure facilities for the care and confinement of juvenile offenders AND ADOLESCENT OFFENDERS committed for [an indeterminate, determinate or definite] A sentence pursuant to the sentencing provisions of the penal law. Such facilities shall provide appropriate services to juvenile offenders AND ADOLESCENT OFFENDERS including but not limited to residential care, educational and vocational training, physical and mental health services, and employment counseling. 2. Juvenile offenders AND ADOLESCENT OFFENDERS shall be confined in such facilities until the age of twenty-one in accordance with their sentences, and shall not be released, discharged or permitted home visits except pursuant to the provisions of this section. 7. While in the custody of the office of children and family services, an offender shall be subject to the rules and regulations of the office, except that his or her parole, temporary release and discharge shall be governed by the laws applicable to inmates of state correctional facili- ties and his or her transfer to state hospitals in the office of mental health shall be governed by section five hundred nine of this [chapter] ARTICLE; provided, however, that an otherwise eligible offender may receive the six-month limited credit time allowance for successful participation in one or more programs developed by the office of chil- dren and family services that are comparable to the programs set forth in section eight hundred three-b of the correction law, taking into consideration the age of offenders. The commissioner of the office of children and family services shall, however, establish and operate temporary release programs at office of children and family services facilities for eligible juvenile offenders AND ADOLESCENT OFFENDERS and contract with the department of corrections and community supervision for the provision of parole supervision services for temporary releas- ees. The rules and regulations for these programs shall not be incon- sistent with the laws for temporary release applicable to inmates of state correctional facilities. For the purposes of temporary release programs for juvenile offenders AND ADOLESCENT OFFENDERS only, when referred to or defined in article twenty-six of the correction law, "institution" shall mean any facility designated by the commissioner of the office of children and family services, "department" shall mean the office of children and family services, "inmate" shall mean a juvenile offender OR ADOLESCENT OFFENDER residing in an office of children and family services facility, and "commissioner" shall mean the commissioner of the office of children and family services. Time spent in office of children and family services facilities and in juvenile detention facil- ities shall be credited towards the sentence imposed in the same manner and to the same extent applicable to inmates of state correctional facilities. S. 7505--A 17 A. 9505--A 8. Whenever a juvenile offender, ADOLESCENT OFFENDER or a juvenile offender OR ADOLESCENT OFFENDER adjudicated a youthful offender shall be delivered to the director of an office of children and family services facility pursuant to a commitment to the office of children and family services, the officer so delivering such person shall deliver to such facility director a certified copy of the sentence received by such officer from the clerk of the court by which such person shall have been sentenced, a copy of the report of the probation officer's investigation and report, any other pre-sentence memoranda filed with the court, a copy of the person's fingerprint records, a detailed summary of avail- able medical records, psychiatric records and reports relating to assaults, or other violent acts, attempts at suicide or escape by the person while in the custody of a local detention facility. § 5. Paragraphs (a), (b), (c), (d) and (e) of subdivision 2 of section 508 of the executive law are REPEALED. § 6. This act shall take effect immediately; provided that: a. sections one and four of this act shall take effect on the sixtieth day after this act shall have become a law and the changes made by section one shall apply to sentences ordered pursuant to section 70.20 of the penal law on or after the effective date; b. section two of this act shall take effect October 1, 2020; and c. section three of this act shall expire October 1, 2021 when upon such date the provisions of such section shall be deemed repealed. 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. PART H Section 1. Paragraph a of subdivision 2 of section 162 of the state finance law, as amended by section 164 of subpart B of part C of chapter 62 of the laws of 2011, is amended to read as follows: a. Commodities AND SERVICES produced by the correctional industries program of the department of corrections and community supervision and provided to the state pursuant to subdivision two of section one hundred eighty-four of the correction law; § 2. Subparagraph (iii) of paragraph b of subdivision 4 of section 162 of the state finance law, as amended by chapter 430 of the laws of 1997, is amended and a new subparagraph (iv) is added to read as follows: (iii) if, within ten days of the notification required by subparagraph (i) of this paragraph, no preferred source or facilitating entity iden- tified in paragraph e of subdivision six of this section indicates intent to provide the service, [then the service shall be procured in accordance with section one hundred sixty-three of this article. If, after such period, a preferred source elects to bid on the service, award shall be made in accordance with section one hundred sixty-three of this article or as otherwise provided by law] STATE AGENCIES OR POLI- TICAL SUBDIVISIONS OR PUBLIC BENEFIT CORPORATIONS HAVING THEIR OWN PURCHASING AGENCY SHALL MAKE REASONABLE EFFORTS TO PROVIDE A NOTIFICA- TION DESCRIBING THEIR REQUIREMENTS TO THE CORRECTIONAL INDUSTRIES PROGRAM OF THE DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION, AND IF THE CORRECTIONAL INDUSTRIES PROGRAM OF THE DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION PROVIDES A NOTICE OF INTENT TO PROVIDE THE SERVICE IN THE FORM, FUNCTION AND UTILITY REQUIRED, AT A PRICE IN ACCORDANCE WITH THE PRICE PROVISIONS SET FORTH HEREIN, THEN THE SERVICE S. 7505--A 18 A. 9505--A SHALL BE PURCHASED FROM THE CORRECTIONAL INDUSTRIES PROGRAM OF THE DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION. (IV) IF, WITHIN TEN DAYS OF THE NOTIFICATION REQUIRED BY SUBPARAGRAPH (III) OF THIS PARAGRAPH, THE CORRECTIONAL INDUSTRIES PROGRAM OF THE DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION DOES NOT INDICATE INTENT TO PROVIDE THE SERVICE, THEN THE SERVICE SHALL BE PROCURED IN ACCORDANCE WITH SECTION ONE HUNDRED SIXTY-THREE OF THIS ARTICLE. IF, AFTER SUCH PERIOD, A PREFERRED SOURCE ELECTS TO BID ON THE SERVICE, AWARD SHALL BE MADE IN ACCORDANCE WITH SECTION ONE HUNDRED SIXTY-THREE OF THIS ARTICLE OR AS OTHERWISE PROVIDED BY LAW. § 3. The opening paragraph of subdivision 5 of section 162 of the state finance law, as amended by section 164 of subpart B of part C of chapter 62 of the laws of 2011, is amended to read as follows: The prices to be charged for commodities AND SERVICES produced by the correctional industries program of the department of corrections and community supervision shall be established by the commissioner of corrections and community supervision in accordance with section one hundred eighty-six of the correction law. § 4. This act shall take effect immediately. PART I Section 1. Paragraph (b) of subdivision 6 of section 186-f of the tax law, as amended by section 1 of part M of chapter 55 of the laws of 2018, 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, two thousand seventeen--two thousand eighteen, two thousand eighteen--two thousand nineteen [and], two thou- sand nineteen--two thousand twenty, TWO THOUSAND TWENTY--TWO THOUSAND TWENTY-ONE AND TWO THOUSAND TWENTY-ONE--TWO THOUSAND TWENTY-TWO; § 2. This act shall take effect April 1, 2020. PART J 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. No person shall be appointed to the New York state police force as a sworn member unless he or she shall be a citizen of the United States, between the ages of twenty-one and twen- ty-nine years except that in the superintendent's discretion, the maxi- mum age may be extended to thirty-five years. THE SUPERINTENDENT MAY WAIVE THE MAXIMUM AGE FOR APPOINTMENT IN THE CASE OF ANY INDIVIDUAL EMPLOYED BY THE OFFICE OF PARKS, RECREATION AND HISTORIC PRESERVATION AS A POLICE OFFICER, AS DEFINED IN SECTION 1.20 OF THE CRIMINAL PROCEDURE LAW, WHO IS APPOINTED TO THE NEW YORK STATE POLICE AS A RESULT OF THE NEW YORK STATE POLICE ASSUMING THE LAW ENFORCEMENT RESPONSIBILITIES OF THAT STATE AGENCY. Notwithstanding any other provision of law or any general or special law to the contrary the time spent on military duty, S. 7505--A 19 A. 9505--A not exceeding a total of [six] SEVEN years, shall be subtracted from the age of any applicant 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 investi- gation 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 superinten- dent. Appointments 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 proba- tionary 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 equipment 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 reappointment. 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 regulations. The superintendent is authorized to charge a fee of twenty dollars as an application fee for any person applying to take a competitive examination for the position of trooper, and a fee of five dollars for any competitive examination for a civilian position. The superintendent shall promulgate regulations subject to the approval of the director of the budget, to provide for a waiver of the application fee when the fee would cause an unreasonable hardship on the applicant and to establish a fee schedule and charge fees for the use of state police facilities. § 2. This act shall take effect immediately; provided, however, that the amendments to subdivision 3 of section 215 of the executive law made by section one of this act shall expire and be deemed repealed April 1, 2023. PART K Section 1. Section 265.00 of the penal law is amended by adding a new subdivision 31 to read as follows: 31. "UNFINISHED FRAME OR RECEIVER" MEANS A PIECE OF ANY MATERIAL THAT DOES NOT CONSTITUTE THE FRAME OR RECEIVER OF A FIREARM, RIFLE, OR SHOT- GUN, BUT THAT HAS BEEN SHAPED OR FORMED IN ANY WAY FOR THE PURPOSE OF BECOMING THE FRAME OR RECEIVER OF A FIREARM, RIFLE, OR SHOTGUN. SUCH TERM SHALL NOT INCLUDE A PIECE OF MATERIAL THAT HAS HAD ITS SIZE OR EXTERNAL SHAPE ALTERED TO FACILITATE TRANSPORTATION OR STORAGE OR HAS HAD ITS CHEMICAL COMPOSITION ALTERED. S. 7505--A 20 A. 9505--A § 2. Subdivision 10 of section 265.02 of the penal law, as added by chapter 1 of the laws of 2013, is amended and a new subdivision 11 is added to read as follows: (10) Such person possesses an unloaded firearm and also commits any violent felony offense as defined in subdivision one of section 70.02 of this chapter as part of the same criminal transaction[.]; OR (11) SUCH PERSON POSSESSES A MAJOR COMPONENT OF A FIREARM, RIFLE, OR SHOTGUN, OR AN UNFINISHED FRAME OR RECEIVER, AND SUCH PERSON IS PROHIB- ITED FROM POSSESSING A SHOTGUN OR RIFLE PURSUANT TO: (I) THIS ARTICLE; (II) SUBSECTION (G) OF SECTION 922 OF TITLE 18 OF THE UNITED STATES CODE; OR (III) A TEMPORARY OR FINAL EXTREME RISK PROTECTION ORDER ISSUED UNDER ARTICLE SIXTY-THREE-A OF THE CIVIL PRACTICE LAW AND RULES. § 3. The penal law is amended by adding a new section 400.04 to read as follows: § 400.04 SALE OR TRANSFER OF FIREARM, RIFLE, OR SHOTGUN COMPONENTS. 1. NO COMMERCIAL TRANSFER OF A MAJOR COMPONENT OF A FIREARM, RIFLE, OR SHOTGUN, OR AN UNFINISHED FRAME OR RECEIVER, SHALL TAKE PLACE UNLESS A DEALER IN FIREARMS THAT IS VALIDLY LICENSED PURSUANT TO SECTION 400.00 OF THIS ARTICLE OR SECTION 923 OF TITLE 18 OF THE UNITED STATES CODE, ACTS AS AN INTERMEDIARY BETWEEN THE TRANSFEROR AND THE ULTIMATE TRANS- FEREE OF SUCH MAJOR COMPONENT OR UNFINISHED FRAME OR RECEIVER. SUCH TRANSFER BETWEEN THE DEALER AND TRANSFEREE MUST OCCUR IN PERSON. PRIOR TO COMPLETING A TRANSFER PURSUANT TO THIS SECTION THE DEALER IN FIREARMS MUST VERIFY THE IDENTITY OF THE TRANSFEREE BY EXAMINING A VALID STATE IDENTIFICATION DOCUMENT OF THE TRANSFEREE ISSUED BY THE DEPARTMENT OF MOTOR VEHICLES OR, IF SUCH TRANSFEREE IS NOT A RESIDENT OF THE STATE OF NEW YORK, A VALID IDENTIFICATION DOCUMENT ISSUED BY SUCH TRANSFEREE'S STATE OR COUNTRY OF RESIDENCE CONTAINING A PHOTOGRAPH OF SUCH TRANSFER- EE. 2. EVERY DEALER IN FIREARMS SHALL KEEP A RECORD BOOK AND ENTER AT THE TIME OF EVERY TRANSACTION INVOLVING THE TRANSFER OF A MAJOR COMPONENT OF A FIREARM, RIFLE, OR SHOTGUN, OR AN UNFINISHED FRAME OR RECEIVER, THE DATE, NAME, AGE, AND RESIDENCE OF ANY PERSON TO WHOM SUCH MAJOR COMPO- NENT OR UNFINISHED FRAME OR RECEIVER IS DELIVERED, AND, IN THE CASE OF A RECEIVER OR A FRAME OF A FIREARM, RIFLE, OR SHOTGUN, OR AN UNFINISHED FRAME OR RECEIVER, THE SERIAL NUMBER ENGRAVED, CAST OR STAMPED THEREON OR, IF NONE, THE SERIAL NUMBER ASSIGNED TO THE UNFINISHED FRAME OR RECEIVER PURSUANT TO THIS SECTION. 3. NO DEALER IN FIREARMS MAY COMPLETE A TRANSFER PURSUANT TO THIS SECTION UNLESS (I) THE FRAME OR RECEIVER OF A FIREARM, RIFLE, OR SHOT- GUN, OR UNFINISHED FRAME OR RECEIVER, IS CONSPICUOUSLY ENGRAVED, CAST, OR STAMPED WITH A UNIQUE SERIAL NUMBER, OR (II) IN THE CASE OF AN UNFIN- ISHED FRAME OR RECEIVER THAT LACKS SUCH A UNIQUE SERIAL NUMBER, THE DEALER IN FIREARMS FIRST REQUESTS AND OBTAINS A UNIQUE SERIAL NUMBER FOR EACH UNFINISHED FRAME OR RECEIVER PURSUANT TO SUBDIVISION FOUR OF THIS SECTION AND PROVIDES THE UNIQUE SERIAL NUMBER ASSIGNED TO THE UNFINISHED FRAME OR RECEIVER TO THE TRANSFEREE. 4. UPON THE REQUEST OF A DEALER IN FIREARMS MADE PURSUANT TO SUBDIVI- SION THREE OF THIS SECTION, THE DIVISION OF STATE POLICE SHALL ISSUE A UNIQUE SERIAL NUMBER FOR EACH UNFINISHED FRAME OR RECEIVER, TRANSMIT THE SERIAL NUMBER TO THE REQUESTING DEALER, AND MAINTAIN A RECORD OF EACH SERIAL NUMBER ISSUED, THE DATE OF ISSUANCE, AND THE IDENTITY OF THE REQUESTING DEALER. 5. EVERY TRANSFEREE TAKING POSSESSION OF AN UNFINISHED FRAME OR RECEIVER SHALL ENSURE THAT THE UNIQUE SERIAL NUMBER ASSIGNED TO SUCH UNFINISHED FRAME OR RECEIVER PURSUANT TO THIS SECTION IS PERMANENTLY AND S. 7505--A 21 A. 9505--A CONSPICUOUSLY ENGRAVED, CAST, OR STAMPED UPON THE UNFINISHED FRAME OR RECEIVER IN A MANNER THAT MEETS OR EXCEEDS THE REQUIREMENTS IMPOSED ON LICENSED IMPORTERS AND LICENSED MANUFACTURERS OF FIREARMS PURSUANT TO SUBSECTION (I) OF SECTION 923 OF TITLE 18 OF THE UNITED STATES CODE AND REGULATIONS ISSUED PURSUANT THERETO, WITHIN THIRTY DAYS OF TAKING POSSESSION OF SUCH UNFINISHED FRAME OR RECEIVER. 6. ANY PERSON NOT A VALIDLY LICENSED DEALER IN FIREARMS PURSUANT TO SECTION 400.00 OF THIS ARTICLE OR SECTION 923 OF TITLE 18 OF THE UNITED STATES CODE WHO VIOLATES SUBDIVISION ONE OR FIVE OF THIS SECTION SHALL BE GUILTY OF A CLASS D FELONY. ANY DEALER IN FIREARMS WHO VIOLATES SUBDIVISION THREE OF THIS SECTION SHALL BE GUILTY OF A CLASS B MISDEMEA- NOR AND ANY LICENSE OF SUCH DEALER ISSUED PURSUANT TO SECTION 400.00 OF THIS ARTICLE SHALL BE REVOKED. ANY DEALER IN FIREARMS WHO VIOLATES SUBDIVISION ONE OR TWO OF THIS SECTION, FOR A FIRST OFFENSE, SHALL BE GUILTY OF A VIOLATION AND SUBJECT TO THE FINE OF ONE THOUSAND DOLLARS AND FOR A SECOND OFFENSE, SHALL BE GUILTY OF A CLASS B MISDEMEANOR AND ANY LICENSE OF SUCH DEALER ISSUED PURSUANT TO SECTION 400.00 OF THIS ARTICLE SHALL BE REVOKED. § 4. This act shall take effect on the first of November next succeed- ing the date upon which it shall have become a law. PART L 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: S. 7505--A 22 A. 9505--A (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 M Section 1. This act shall be known and may be cited as the "safe homes and families act". § 2. Section 140.10 of the criminal procedure law is amended by adding a new subdivision 6 to read as follows: 6. (A) A POLICE OFFICER WHO RESPONDS TO A REPORT OF A FAMILY OFFENSE AS DEFINED IN SECTION 530.11 OF THIS CHAPTER AND SECTION EIGHT HUNDRED TWELVE OF THE FAMILY COURT ACT MAY, IN THE INTEREST OF PUBLIC SAFETY, TAKE TEMPORARY CUSTODY OF ANY FIREARM, RIFLE, ELECTRONIC DART GUN, ELEC- TRONIC STUN GUN, DISGUISED GUN, IMITATION WEAPON, SHOTGUN, ANTIQUE FIREARM, BLACK POWDER RIFLE, BLACK POWDER SHOTGUN, OR MUZZLE-LOADING FIREARM THAT IS IN PLAIN SIGHT OR IS DISCOVERED PURSUANT TO A LAWFUL SEARCH, AND SHALL TAKE TEMPORARY CUSTODY OF ANY SUCH WEAPON THAT IS IN THE POSSESSION OF ANY PERSON ARRESTED FOR THE COMMISSION OF SUCH FAMILY OFFENSE OR SUSPECTED OF ITS COMMISSION. AN OFFICER WHO TAKES CUSTODY OF ANY WEAPON PURSUANT TO THIS PARAGRAPH SHALL ALSO TAKE CUSTODY OF ANY LICENSE TO CARRY, POSSESS, REPAIR, AND DISPOSE OF SUCH WEAPON ISSUED TO THE PERSON ARRESTED OR SUSPECTED OF SUCH FAMILY OFFENSE. THE OFFICER SHALL DELIVER SUCH WEAPON AND/OR LICENSE TO THE APPROPRIATE LAW ENFORCE- MENT OFFICER AS PROVIDED IN SUBPARAGRAPH (F) OF PARAGRAPH ONE OF SUBDI- VISION A OF SECTION 265.20 OF THE PENAL LAW. (B) UPON TAKING CUSTODY OF WEAPONS OR A LICENSE DESCRIBED IN PARAGRAPH (A) OF THIS SUBDIVISION, THE RESPONDING OFFICER SHALL GIVE THE OWNER OR PERSON IN POSSESSION OF SUCH WEAPONS OR LICENSE A RECEIPT DESCRIBING SUCH WEAPONS AND/OR LICENSE AND INDICATING ANY IDENTIFICATION OR SERIAL NUMBER ON SUCH WEAPONS. SUCH RECEIPT SHALL INDICATE WHERE THE WEAPONS AND/OR LICENSE CAN BE RECOVERED AND DESCRIBE THE PROCESS FOR RECOVERY PROVIDED IN PARAGRAPH (D) OF THIS SUBDIVISION. (C) A WEAPON DESCRIBED IN PARAGRAPH (A) OF THIS SUBDIVISION THAT IS UTILIZED IN THE COMMISSION OF AN OFFENSE, THAT IS UNLAWFULLY POSSESSED, OR THAT A COURT ORDERS TO BE SURRENDERED PURSUANT TO SUBDIVISION TWO OR SUBDIVISION THREE OF SECTION EIGHT HUNDRED FORTY-TWO-A OF THE FAMILY COURT ACT SHALL BE DECLARED A NUISANCE AS PROVIDED IN SUBDIVISION ONE OF SECTION 400.05 OF THE PENAL LAW AND EITHER DISPOSED OF IN THE MANNER DESCRIBED IN SUBDIVISION TWO OR RETAINED AS PROVIDED IN SUBDIVISION THREE OF SECTION 400.05 OF THE PENAL LAW. (D) A FIREARM OR OTHER WEAPON DESCRIBED IN PARAGRAPH (A) OF THIS SUBDIVISION WHICH IS TAKEN INTO TEMPORARY CUSTODY AND WHICH HAS NOT BEEN DECLARED A NUISANCE PURSUANT TO PARAGRAPH (C) OF THIS SUBDIVISION, SHALL BE RETAINED FOR A PERIOD NOT TO EXCEED ONE YEAR. PRIOR TO THE EXPIRATION OF SUCH TIME PERIOD, BUT NO LESS THAN FORTY-EIGHT HOURS AFTER THE FIREARM OR WEAPON WAS TAKEN INTO TEMPORARY CUSTODY, THE OWNER SHALL HAVE THE RIGHT TO RECLAIM THE ITEM OR ARRANGE FOR THE SALE OR TRANSFER OF THE ITEM. NOTHING IN THIS SUBDIVISION AUTHORIZES THE RETURN OF A FIREARM, S. 7505--A 23 A. 9505--A RIFLE OR SHOTGUN TO A PERSON WHO IS NOT AUTHORIZED TO POSSESS A FIREARM, RIFLE OR SHOTGUN. § 3. Section 140.10 of the criminal procedure law is amended by adding a new subdivision 7 to read as follows: 7. (A) UPON INVESTIGATING A REPORT OF A CRIME OR OFFENSE BETWEEN MEMBERS OF THE SAME FAMILY OR HOUSEHOLD AS SUCH TERMS ARE DEFINED IN SECTION 530.11 OF THIS CHAPTER AND SECTION EIGHT HUNDRED TWELVE OF THE FAMILY COURT ACT, A LAW ENFORCEMENT OFFICER MAY, IN THE INTEREST OF THE SAFETY OF MEMBERS OF THE SAME FAMILY OR HOUSEHOLD OR OTHER PERSON OR PERSONS, TAKE TEMPORARY CUSTODY OF ANY FIREARM, RIFLE OR SHOTGUN OR ANY OTHER WEAPON THAT IS IN PLAIN SIGHT OR IS DISCOVERED PURSUANT TO A LAWFUL SEARCH. (B) UPON TAKING CUSTODY OF ANY FIREARM, RIFLE OR SHOTGUN OR ANY OTHER WEAPON DESCRIBED IN PARAGRAPH (A) OF THIS SUBDIVISION, THE LAW ENFORCE- MENT OFFICER SHALL PROVIDE THE OWNER OR ANY OTHER ADULT RESIDING ON THE PREMISES WITH A RECEIPT DESCRIBING THE ITEMS TAKEN INTO TEMPORARY CUSTO- DY AND SHALL PROVIDE INSTRUCTIONS FOR CLAIMING THE ITEMS. (C) A WEAPON DESCRIBED IN PARAGRAPH (A) OF THIS SUBDIVISION THAT IS USED IN THE COMMISSION OF AN OFFENSE OR IS UNLAWFULLY POSSESSED SHALL BE DECLARED A NUISANCE AS PROVIDED IN SUBDIVISION ONE OF SECTION 400.05 OF THE PENAL LAW AND EITHER DISPOSED OF IN THE MANNER DESCRIBED IN SUBDIVI- SION TWO OR RETAINED AS PROVIDED IN SUBDIVISION THREE OF SECTION 400.05 OF THE PENAL LAW. (D) A FIREARM OR OTHER WEAPON WHICH IS TAKEN INTO TEMPORARY CUSTODY AND WHICH HAS NOT BEEN DECLARED A NUISANCE PURSUANT TO PARAGRAPH (C) OF THIS SUBDIVISION, SHALL BE RETAINED FOR A PERIOD NOT TO EXCEED ONE YEAR. PRIOR TO THE EXPIRATION OF SUCH TIME PERIOD, THE OWNER OF THE ITEM SHALL HAVE THE RIGHT TO RECLAIM THE ITEM OR ARRANGE FOR THE SALE OR TRANSFER OF THE ITEM. NOTHING IN THIS SUBDIVISION AUTHORIZES THE RETURN OF A FIREARM, RIFLE OR SHOTGUN TO A PERSON WHO IS NOT AUTHORIZED TO POSSESS A FIREARM, RIFLE OR SHOTGUN. § 4. The section heading and paragraphs (a) and (b) of subdivision 1 of section 530.14 of the criminal procedure law, as amended by chapter 60 of the laws of 2018, are amended and a new paragraph (c) is added to read as follows: Suspension and revocation of a license to carry, possess, repair or dispose of a firearm or firearms pursuant to section 400.00 of the penal law and ineligibility for such a license; order to surrender FIREARMS; ORDER TO SEIZE firearms. (a) the court shall suspend any such existing license possessed by the defendant, order the defendant ineligible for such a license and order the immediate surrender of any or all firearms, rifles and shotguns owned or possessed where the court receives information that gives the court good cause to believe that (i) the defendant has a prior conviction of any violent felony offense as defined in section 70.02 of the penal law; (ii) the defendant has previously been found to have willfully failed to obey a prior order of protection and such willful failure involved (A) the infliction of physical injury, as defined in subdivision nine of section 10.00 of the penal law, (B) the use or threatened use of a deadly weapon or dangerous instrument as those terms are defined in subdivisions twelve and thirteen of section 10.00 of the penal law, or (C) behavior constituting any violent felony offense as defined in section 70.02 of the penal law; or (iii) the defendant has a prior conviction for stalking in the first degree as defined in section 120.60 of the penal law, stalking in the second degree as defined in section 120.55 of the penal law, stalking in the third degree as defined S. 7505--A 24 A. 9505--A in section 120.50 of the penal law or stalking in the fourth degree as defined in section 120.45 of such law; [and] (b) the court shall where the court finds a substantial risk that the defendant may use or threaten to use a firearm, rifle or shotgun unlaw- fully against the person or persons for whose protection the temporary order of protection is issued, suspend any such existing license possessed by the defendant, order the defendant ineligible for such a license and order the immediate surrender pursuant to subparagraph (f) of paragraph one of subdivision a of section 265.20 and subdivision six of section 400.05 of the penal law, of any or all firearms, rifles and shotguns owned or possessed[.]; AND (C) THE COURT MAY WHERE THE DEFENDANT WILLFULLY REFUSES TO SURRENDER SUCH FIREARM, RIFLE OR SHOTGUN PURSUANT TO PARAGRAPHS (A) AND (B) OF THIS SUBDIVISION, OR FOR OTHER GOOD CAUSE SHOWN, ORDER THE IMMEDIATE SEIZURE OF SUCH FIREARM, RIFLE OR SHOTGUN, AND SEARCH THEREFOR, CONSIST- ENT WITH SUCH RIGHTS AS THE DEFENDANT MAY DERIVE FROM THIS ARTICLE OR THE CONSTITUTION OF THIS STATE OR THE UNITED STATES. § 5. Paragraphs (a) and (b) of subdivision 2 of section 530.14 of the criminal procedure law, as amended by chapter 60 of the laws of 2018, are amended and a new paragraph (c) is added to read as follows: (a) the court shall revoke any such existing license possessed by the defendant, order the defendant ineligible for such a license and order the immediate surrender of any or all firearms, rifles and shotguns owned or possessed where such action is required by section 400.00 of the penal law; [and] (b) the court shall where the court finds a substantial risk that the defendant may use or threaten to use a firearm, [rifles] RIFLE or [shot- guns] SHOTGUN unlawfully against the person or persons for whose protection the order of protection is issued, (i) revoke any such exist- ing license possessed by the defendant, order the defendant ineligible for such a license and order the immediate surrender of any or all firearms, rifles and shotguns owned or possessed or (ii) suspend or continue to suspend any such existing license possessed by the defend- ant, order the defendant ineligible for such a license and order the immediate surrender pursuant to subparagraph (f) of paragraph one of subdivision a of section 265.20 and subdivision six of section 400.05 of the penal law, of any or all firearms, rifles and shotguns owned or possessed[.]; AND (C) THE COURT MAY WHERE THE DEFENDANT WILLFULLY REFUSES TO SURRENDER SUCH FIREARM, RIFLE OR SHOTGUN PURSUANT TO PARAGRAPHS (A) AND (B) OF THIS SUBDIVISION, OR FOR OTHER GOOD CAUSE SHOWN, ORDER THE IMMEDIATE SEIZURE OF SUCH FIREARM, RIFLE OR SHOTGUN, AND SEARCH THEREFOR, CONSIST- ENT WITH SUCH RIGHTS AS THE DEFENDANT MAY DERIVE FROM THIS ARTICLE OR THE CONSTITUTION OF THIS STATE OR THE UNITED STATES. § 6. Paragraphs (a) and (b) of subdivision 3 of section 530.14 of the criminal procedure law, as amended by chapter 60 of the laws of 2018, are amended and a new paragraph (c) is added to read as follows: (a) the court shall revoke any such existing license possessed by the defendant, order the defendant ineligible for such a license and order the immediate surrender of any or all firearms, rifles and shotguns owned or possessed where the willful failure to obey such order involved (i) the infliction of physical injury, as defined in subdivision nine of section 10.00 of the penal law, (ii) the use or threatened use of a deadly weapon or dangerous instrument as those terms are defined in subdivisions twelve and thirteen of section 10.00 of the penal law, (iii) behavior constituting any violent felony offense as defined in S. 7505--A 25 A. 9505--A section 70.02 of the penal law; or (iv) behavior constituting stalking in the first degree as defined in section 120.60 of the penal law, stalking in the second degree as defined in section 120.55 of the penal law, stalking in the third degree as defined in section 120.50 of the penal law or stalking in the fourth degree as defined in section 120.45 of such law; [and] (b) the court shall where the court finds a substantial risk that the defendant may use or threaten to use a firearm, rifle or shotgun unlaw- fully against the person or persons for whose protection the order of protection was issued, (i) revoke any such existing license possessed by the defendant, order the defendant ineligible for such a license and order the immediate surrender pursuant to subparagraph (f) of paragraph one of subdivision a of section 265.20 and subdivision six of section 400.05 of the penal law, of any or all firearms, rifles and shotguns owned or possessed or (ii) suspend any such existing license possessed by the defendant, order the defendant ineligible for such a license and order the immediate surrender pursuant to subparagraph (f) of paragraph one of subdivision a of section 265.20 and subdivision six of section 400.05 of the penal law, of any or all firearms, rifles and shotguns owned or possessed[.]; AND (C) THE COURT MAY WHERE THE DEFENDANT WILLFULLY REFUSES TO SURRENDER SUCH FIREARM, RIFLE OR SHOTGUN PURSUANT TO PARAGRAPHS (A) AND (B) OF THIS SUBDIVISION, OR FOR OTHER GOOD CAUSE SHOWN, ORDER THE IMMEDIATE SEIZURE OF SUCH FIREARM, RIFLE OR SHOTGUN, AND SEARCH THEREFOR, CONSIST- ENT WITH SUCH RIGHTS AS THE DEFENDANT MAY DERIVE FROM THIS ARTICLE OR THE CONSTITUTION OF THIS STATE OR THE UNITED STATES. § 7. Subdivisions 6 and 7 of section 530.14 of the criminal procedure law, as amended by chapter 60 of the laws of 2018, are amended to read as follows: 6. Notice. (a) Where an order requiring surrender, revocation, suspen- sion, SEIZURE or ineligibility has been issued pursuant to this section, any temporary order of protection or order of protection issued shall state that such firearm license has been suspended or revoked or that the defendant is ineligible for such license, as the case may be, and that the defendant is prohibited from possessing any firearm, rifle or shotgun. (b) The court revoking or suspending the license, ordering the defend- ant ineligible for such a license, or ordering the surrender OR SEIZURE of any firearm, rifle or shotgun shall immediately notify the duly constituted police authorities of the locality concerning such action and, in the case of orders of protection and temporary orders of protection issued pursuant to section 530.12 of this article, shall immediately notify the statewide registry of orders of protection. (c) The court revoking or suspending the license or ordering the defendant ineligible for such a license shall give written notice there- of without unnecessary delay to the division of state police at its office in the city of Albany. (d) Where an order of revocation, suspension, ineligibility [or], surrender OR SEIZURE is modified or vacated, the court shall immediately notify the statewide registry of orders of protection and the duly constituted police authorities of the locality concerning such action and shall give written notice thereof without unnecessary delay to the division of state police at its office in the city of Albany. 7. Hearing. The defendant shall have the right to a hearing before the court regarding any revocation, suspension, ineligibility [or], surren- der OR SEIZURE order issued pursuant to this section, provided that S. 7505--A 26 A. 9505--A nothing in this subdivision shall preclude the court from issuing any such order prior to a hearing. Where the court has issued such an order prior to a hearing, it shall commence such hearing within fourteen days of the date such order was issued. § 8. The section heading and paragraphs (a) and (b) of subdivision 1 of section 842-a of the family court act, as amended by chapter 60 of the laws of 2018, are amended and a new paragraph (c) is added to read as follows: Suspension and revocation of a license to carry, possess, repair or dispose of a firearm or firearms pursuant to section 400.00 of the penal law and ineligibility for such a license; order to surrender firearms; ORDER TO SEIZE FIREARMS. (a) the court shall suspend any such existing license possessed by the respondent, order the respondent ineligible for such a license, and order the immediate surrender pursuant to subparagraph (f) of paragraph one of subdivision a of section 265.20 and subdivision six of section 400.05 of the penal law, of any or all firearms, rifles and shotguns owned or possessed where the court receives information that gives the court good cause to believe that: (i) the respondent has a prior conviction of any violent felony offense as defined in section 70.02 of the penal law; (ii) the respondent has previously been found to have willfully failed to obey a prior order of protection and such willful failure involved (A) the infliction of physical injury, as defined in subdivision nine of section 10.00 of the penal law, (B) the use or threatened use of a deadly weapon or dangerous instrument as those terms are defined in subdivisions twelve and thirteen of section 10.00 of the penal law, or (C) behavior constituting any violent felony offense as defined in section 70.02 of the penal law; or (iii) the respondent has a prior conviction for stalking in the first degree as defined in section 120.60 of the penal law, stalking in the second degree as defined in section 120.55 of the penal law, stalking in the third degree as defined in section 120.50 of the penal law or stalking in the fourth degree as defined in section 120.45 of such law; [and] (b) the court shall where the court finds a substantial risk that the respondent may use or threaten to use a firearm, rifle or shotgun unlaw- fully against the person or persons for whose protection the temporary order of protection is issued, suspend any such existing license possessed by the respondent, order the respondent ineligible for such a license, and order the immediate surrender pursuant to subparagraph (f) of paragraph one of subdivision a of section 265.20 and subdivision six of section 400.05 of the penal law, of any or all firearms, rifles and shotguns owned or possessed[.]; AND (C) THE COURT MAY WHERE THE DEFENDANT WILLFULLY REFUSES TO SURRENDER SUCH FIREARM, RIFLE OR SHOTGUN PURSUANT TO PARAGRAPHS (A) AND (B) OF THIS SUBDIVISION, OR FOR OTHER GOOD CAUSE SHOWN, ORDER THE IMMEDIATE SEIZURE OF SUCH FIREARM, RIFLE OR SHOTGUN, AND SEARCH THEREFOR, CONSIST- ENT WITH SUCH RIGHTS AS THE DEFENDANT MAY DERIVE FROM THIS ARTICLE OR THE CONSTITUTION OF THIS STATE OR THE UNITED STATES. § 9. Paragraphs (a) and (b) of subdivision 2 of section 842-a of the family court act, as amended by chapter 60 of the laws of 2018, are amended and a new paragraph (c) is added to read as follows: (a) the court shall revoke any such existing license possessed by the respondent, order the respondent ineligible for such a license, and order the immediate surrender pursuant to subparagraph (f) of paragraph one of subdivision a of section 265.20 and subdivision six of section 400.05 of the penal law, of any or all firearms, rifles and shotguns S. 7505--A 27 A. 9505--A owned or possessed where the court finds that the conduct which resulted in the issuance of the order of protection involved (i) the infliction of physical injury, as defined in subdivision nine of section 10.00 of the penal law, (ii) the use or threatened use of a deadly weapon or dangerous instrument as those terms are defined in subdivisions twelve and thirteen of section 10.00 of the penal law, or (iii) behavior constituting any violent felony offense as defined in section 70.02 of the penal law; [and] (b) the court shall, where the court finds a substantial risk that the respondent may use or threaten to use a firearm, rifle or shotgun unlaw- fully against the person or persons for whose protection the order of protection is issued, (i) revoke any such existing license possessed by the respondent, order the respondent ineligible for such a license and order the immediate surrender pursuant to subparagraph (f) of paragraph one of subdivision a of section 265.20 and subdivision six of section 400.05 of the penal law, of any or all firearms, rifles and shotguns owned or possessed or (ii) suspend or continue to suspend any such existing license possessed by the respondent, order the respondent inel- igible for such a license, and order the immediate surrender pursuant to subparagraph (f) of paragraph one of subdivision a of section 265.20 and subdivision six of section 400.05 of the penal law, of any or all firearms, rifles and shotguns owned or possessed[.]; AND (C) THE COURT MAY WHERE THE DEFENDANT WILLFULLY REFUSES TO SURRENDER SUCH FIREARM, RIFLE OR SHOTGUN PURSUANT TO PARAGRAPHS (A) AND (B) OF THIS SUBDIVISION, OR FOR OTHER GOOD CAUSE SHOWN, ORDER THE IMMEDIATE SEIZURE OF SUCH FIREARM, RIFLE OR SHOTGUN, AND SEARCH THEREFOR, CONSIST- ENT WITH SUCH RIGHTS AS THE DEFENDANT MAY DERIVE FROM THIS ARTICLE OR THE CONSTITUTION OF THIS STATE OR THE UNITED STATES. § 10. Paragraphs (a) and (b) of subdivision 3 of section 842-a of the family court act, as amended by chapter 60 of the laws of 2018, are amended and a new paragraph (c) is added to read as follows: (a) the court shall revoke any such existing license possessed by the respondent, order the respondent ineligible for such a license, and order the immediate surrender pursuant to subparagraph (f) of paragraph one of subdivision a of section 265.20 and subdivision six of section 400.05 of the penal law, of any or all firearms, rifles and shotguns owned or possessed where the willful failure to obey such order involves (i) the infliction of physical injury, as defined in subdivision nine of section 10.00 of the penal law, (ii) the use or threatened use of a deadly weapon or dangerous instrument as those terms are defined in subdivisions twelve and thirteen of section 10.00 of the penal law, or (iii) behavior constituting any violent felony offense as defined in section 70.02 of the penal law; or (iv) behavior constituting stalking in the first degree as defined in section 120.60 of the penal law, stalking in the second degree as defined in section 120.55 of the penal law, stalking in the third degree as defined in section 120.50 of the penal law or stalking in the fourth degree as defined in section 120.45 of such law; [and] (b) the court shall where the court finds a substantial risk that the respondent may use or threaten to use a firearm, rifle or shotgun unlaw- fully against the person or persons for whose protection the order of protection was issued, (i) revoke any such existing license possessed by the respondent, order the respondent ineligible for such a license, whether or not the respondent possesses such a license, and order the immediate surrender pursuant to subparagraph (f) of paragraph one of subdivision a of section 265.20 and subdivision six of section 400.05 of S. 7505--A 28 A. 9505--A the penal law, of any or all firearms, rifles and shotguns owned or possessed or (ii) suspend any such existing license possessed by the respondent, order the respondent ineligible for such a license, and order the immediate surrender of any or all firearms, rifles and shot- guns owned or possessed[.]; AND (C) THE COURT MAY WHERE THE DEFENDANT WILLFULLY REFUSES TO SURRENDER SUCH FIREARM, RIFLE OR SHOTGUN PURSUANT TO PARAGRAPHS (A) AND (B) OF THIS SUBDIVISION, OR FOR OTHER GOOD CAUSE SHOWN, ORDER THE IMMEDIATE SEIZURE OF SUCH FIREARM, RIFLE OR SHOTGUN, AND SEARCH THEREFOR, CONSIST- ENT WITH SUCH RIGHTS AS THE DEFENDANT MAY DERIVE FROM THIS ARTICLE OR THE CONSTITUTION OF THIS STATE OR THE UNITED STATES. § 11. Subdivisions 6 and 7 of section 842-a of the family court act, as amended by chapter 60 of the laws of 2018, are amended to read as follows: 6. Notice. (a) Where an order requiring surrender, revocation, suspen- sion, SEIZURE or ineligibility has been issued pursuant to this section, any temporary order of protection or order of protection issued shall state that such firearm license has been suspended or revoked or that the respondent is ineligible for such license, as the case may be, and that the defendant is prohibited from possessing any firearms, rifles or shotguns. (b) The court revoking or suspending the license, ordering the respondent ineligible for such license, or ordering the surrender OR SEIZURE of any firearm, rifles or shotguns shall immediately notify the statewide registry of orders of protection and the duly constituted police authorities of the locality of such action. (c) The court revoking or suspending the license or ordering the defendant ineligible for such license shall give written notice thereof without unnecessary delay to the division of state police at its office in the city of Albany. (d) Where an order of revocation, suspension, ineligibility, [or] surrender, OR SEIZURE is modified or vacated, the court shall immediate- ly notify the statewide registry of orders of protection and the duly constituted police authorities of the locality concerning such action and shall give written notice thereof without unnecessary delay to the division of state police at its office in the city of Albany. 7. Hearing. The respondent shall have the right to a hearing before the court regarding any revocation, suspension, ineligibility [or], surrender OR SEIZURE order issued pursuant to this section, provided that nothing in this subdivision shall preclude the court from issuing any such order prior to a hearing. Where the court has issued such an order prior to a hearing, it shall commence such hearing within fourteen days of the date such order was issued. § 12. This act shall take effect on the first of November next succeeding the date on which it shall have become a law. PART N Section 1. Subdivision 17 of section 265.00 of the penal law, as added by chapter 1041 of the laws of 1974, paragraph (a) as amended by chapter 264 of the laws of 2003, paragraph (b) as separately amended by sections 2 and 3 of chapter 232 of the laws of 2010, and paragraph (c) as added by chapter 60 of the laws of 2018, is amended to read as follows: 17. "Serious offense" means (a) [any of the following offenses defined in the former penal law as in force and effect immediately prior to September first, nineteen hundred sixty-seven: illegally using, carrying S. 7505--A 29 A. 9505--A or possessing a pistol or other dangerous weapon; making or possessing burglar's instruments; buying or receiving stolen property; unlawful entry of a building; aiding escape from prison; that kind of disorderly conduct defined in subdivisions six and eight of section seven hundred twenty-two of such former penal law; violations of sections four hundred eighty-three, four hundred eighty-three-b, four hundred eighty-four-h and article one hundred six of such former penal law; that kind of crim- inal sexual act or rape which was designated as a misdemeanor; violation of section seventeen hundred forty-seven-d and seventeen hundred forty- seven-e of such former penal law; any violation of any provision of article thirty-three of the public health law relating to narcotic drugs which was defined as a misdemeanor by section seventeen hundred fifty- one-a of such former penal law, and any violation of any provision of article thirty-three-A of the public health law relating to depressant and stimulant drugs which was defined as a misdemeanor by section seven- teen hundred forty-seven-b of such former penal law. (b)] any of the following offenses defined in the CURRENT penal law AND ANY OFFENSE IN ANY JURISDICTION OR THE FORMER PENAL LAW THAT INCLUDES ALL OF THE ESSENTIAL ELEMENTS OF ANY OF THE FOLLOWING OFFENSES: illegally using, carrying or possessing a pistol or other dangerous weapon; possession of burglar's tools; criminal possession of stolen property in the third degree; escape in the third degree; jostling; fraudulent accosting; endangering the welfare of a child; [the offenses defined in article two hundred thirty-five;] OBSCENITY IN THE THIRD DEGREE; issuing abortional articles; permitting prostitution; promoting prostitution in the third degree; stalking in the fourth degree; stalk- ing in the third degree; [the offenses defined in article one hundred thirty; the offenses defined in article two hundred twenty] SEXUAL MISCONDUCT; FORCIBLE TOUCHING; SEXUAL ABUSE IN THE THIRD DEGREE; SEXUAL ABUSE IN THE SECOND DEGREE; CRIMINAL POSSESSION OF A CONTROLLED SUBSTANCE IN THE SEVENTH DEGREE; CRIMINALLY POSSESSING A HYPODERMIC INSTRUMENT; CRIMINALLY USING DRUG PARAPHERNALIA IN THE SECOND DEGREE; CRIMINAL POSSESSION OF METHAMPHETAMINE MANUFACTURING MATERIAL IN THE SECOND DEGREE; AND A HATE CRIME DEFINED IN ARTICLE FOUR HUNDRED EIGHTY- FIVE OF THIS CHAPTER. [(b) any of the following offenses defined in the penal law: illegally using, carrying or possessing a pistol or other dangerous weapon; possession of burglar's tools; criminal possession of stolen property in the third degree; escape in the third degree; jostling; fraudulent accosting; endangering the welfare of a child; the offenses defined in article two hundred thirty-five; issuing abortional articles; permitting prostitution; promoting prostitution in the third degree; stalking in the third degree; stalking in the fourth degree; the offenses defined in article one hundred thirty; the offenses defined in article two hundred twenty. (c)] (B) any of the following offenses DEFINED IN THE CURRENT PENAL LAW AND ANY OFFENSE IN ANY JURISDICTION OR IN THE FORMER PENAL LAW THAT INCLUDES ALL OF THE ESSENTIAL ELEMENTS OF ANY OF THE FOLLOWING OFFENSES, where the defendant and the person against whom the offense was commit- ted were members of the same family or household as defined in subdivi- sion one of section 530.11 of the criminal procedure law [and as estab- lished pursuant to section 370.15 of the criminal procedure law]: assault in the third degree; menacing in the third degree; menacing in the second degree; criminal obstruction of breathing or blood circu- lation; unlawful imprisonment in the second degree; coercion in the third degree; criminal tampering in the third degree; criminal contempt S. 7505--A 30 A. 9505--A in the second degree; harassment in the first degree; aggravated harass- ment in the second degree; criminal trespass in the third degree; crimi- nal trespass in the second degree; arson in the fifth degree; or attempt to commit any of the above-listed offenses. (C) ANY MISDEMEANOR OFFENSE IN ANY JURISDICTION OR IN THE FORMER PENAL LAW THAT INCLUDES ALL OF THE ESSENTIAL ELEMENTS OF A FELONY OFFENSE AS DEFINED IN THE CURRENT PENAL LAW. § 2. Section 400.00 of the penal law is amended by adding a new subdi- vision 1-a to read as follows: 1-A. FOR PURPOSES OF SUBDIVISION ONE OF THIS SECTION, SERIOUS OFFENSE SHALL INCLUDE AN OFFENSE IN ANY JURISDICTION OR THE FORMER PENAL LAW THAT INCLUDES ALL OF THE ESSENTIAL ELEMENTS OF A SERIOUS OFFENSE AS DEFINED BY SUBDIVISION SEVENTEEN OF SECTION 265.00 OF THIS CHAPTER. NOTHING IN THIS SUBDIVISION SHALL PRECLUDE THE DENIAL OF A LICENSE BASED ON THE COMMISSION OF, ARREST FOR OR CONVICTION OF AN OFFENSE IN ANY OTHER JURISDICTION WHICH DOES NOT INCLUDE ALL OF THE ESSENTIAL ELEMENTS OF A SERIOUS OFFENSE. § 3. This act shall take effect on the first of November next succeed- ing the date upon which it shall have become a law. PART O Section 1. Subdivisions 4 and 5 of section 230 of the executive law, as added by chapter 189 of the laws of 2000, are amended and three new subdivisions 6, 7, and 8 are added to read as follows: 4. The superintendent of the division of state police shall establish and maintain within the division a criminal gun clearinghouse as a central repository of information regarding all guns seized, forfeited, found or otherwise coming into the possession of any state or local law enforcement agency which are believed to have been used in the commis- sion of a crime. The superintendent of the division of state police shall adopt and promulgate regulations prescribing reporting procedures for such state or local law enforcement agencies, including the form for reporting such information. In addition to any other information which the superintendent of the division of state police may require, the form shall require (a) the serial number or other identifying information on the gun, if available and (b) a brief description of the circumstances under which the gun came into the possession of the law enforcement agency, including the crime which was or may have been committed with the gun. WHENEVER A STATE OR LOCAL LAW ENFORCEMENT AGENCY SEIZES OR RECOVERS A GUN THAT WAS UNLAWFULLY POSSESSED, RECOVERED FROM A CRIME SCENE, OR IS REASONABLY BELIEVED TO HAVE BEEN USED IN OR ASSOCIATED WITH THE COMMISSION OF A CRIME, OR IS OTHERWISE RECOVERED AS AN ABANDONED OR DISCARDED GUN, THE AGENCY SHALL REPORT SUCH SEIZED OR RECOVERED GUN TO THE CRIMINAL GUN CLEARINGHOUSE AS SOON AS PRACTICABLE, BUT IN NO CASE MORE THAN TWENTY-FOUR HOURS AFTER THE AGENCY HAS TAKEN POSSESSION OF SUCH GUN. EVERY REPORT MADE TO THE CRIMINAL GUN CLEARINGHOUSE WILL RESULT IN THE PROMPT SUBMISSION OF A REQUEST TO THE NATIONAL TRACING CENTER OF THE BUREAU OF ALCOHOL, TOBACCO, FIREARMS AND EXPLOSIVES TO TRACE THE MOVEMENT OF THE SUBJECT GUN AND SUCH FEDERAL AGENCY WILL BE REQUESTED TO PROVIDE THE RESULTS OF SUCH A TRACE TO THE SUPERINTENDENT OF THE DIVISION OF STATE POLICE AND TO THE LAW ENFORCEMENT AGENCY THAT SUBMITTED THE CLEARINGHOUSE REPORT. 5. [In any case where a state or local law enforcement agency investi- gates the commission of a crime in this state and a specific gun is known to have been used in such crime, such agency shall submit a S. 7505--A 31 A. 9505--A request to the national tracing center of the United States Department of Treasury, bureau of alcohol, tobacco and firearms to trace the move- ment of such gun and such federal agency shall be requested to provide the superintendent of the division of state police and the local law enforcement agency with the results of such a trace. This subdivision shall not apply where the source of a gun is already known to a local law enforcement agency.] ALL STATE AND LOCAL LAW ENFORCEMENT AGENCIES SHALL PARTICIPATE IN THE BUREAU OF ALCOHOL, TOBACCO, FIREARMS AND EXPLOSIVES COLLECTIVE DATA SHARING PROGRAM FOR THE PURPOSE OF SHARING GUN TRACE REPORTS AMONG ALL LAW ENFORCEMENT AGENCIES IN THE STATE ON A RECIPROCAL BASIS. 6. (A) WHENEVER A STATE OR LOCAL LAW ENFORCEMENT AGENCY SEIZES OR RECOVERS A GUN THAT WAS UNLAWFULLY POSSESSED, RECOVERED FROM THE SCENE OF A CRIME, OR IS REASONABLY BELIEVED TO HAVE BEEN USED OR ASSOCIATED WITH THE COMMISSION OF A CRIME, OR IS RECOVERED BY THE AGENCY AS AN ABANDONED OR DISCARDED GUN, THE AGENCY SHALL ARRANGE FOR EVERY SUCH GUN THAT IS DETERMINED TO BE SUITABLE FOR TEST-FIRING AND OF A TYPE THAT IS ELIGIBLE FOR NATIONAL INTEGRATED BALLISTIC INFORMATION NETWORK DATA ENTRY AND CORRELATION TO BE TEST-FIRED AS SOON AS PRACTICABLE, AND THE RESULTS OF THAT TEST-FIRING SHALL BE SUBMITTED FORTHWITH TO THE NATIONAL INTEGRATED BALLISTIC INFORMATION NETWORK TO DETERMINE WHETHER THE GUN IS ASSOCIATED OR RELATED TO A CRIME, CRIMINAL EVENT, OR ANY INDIVIDUAL ASSOCIATED OR RELATED TO A CRIME OR CRIMINAL EVENT OR REASONABLY BELIEVED TO BE ASSOCIATED OR RELATED TO A CRIME OR CRIMINAL EVENT. (B) WHENEVER A STATE OR LOCAL LAW ENFORCEMENT AGENCY RECOVERS ANY AMMUNITION CARTRIDGE CASE THAT IS OF A TYPE THAT IS ELIGIBLE FOR NATIONAL INTEGRATED BALLISTIC INFORMATION NETWORK DATA ENTRY AND CORRE- LATION AT A CRIME SCENE, OR HAS REASON TO BELIEVE THAT SUCH RECOVERED AMMUNITION CARTRIDGE CASE IS RELATED TO OR ASSOCIATED WITH THE COMMIS- SION OF A CRIME OR THE UNLAWFUL DISCHARGE OF A GUN, THE AGENCY SHALL, AS SOON AS PRACTICABLE, ARRANGE FOR THE BALLISTICS INFORMATION TO BE SUBMITTED TO THE NATIONAL INTEGRATED BALLISTIC INFORMATION NETWORK. 7. WHENEVER A STATE OR LOCAL LAW ENFORCEMENT AGENCY SEIZES OR RECOVERS ANY GUN, THE AGENCY SHALL PROMPTLY ENTER THE MAKE, MODEL, CALIBER, AND SERIAL NUMBER OF THE GUN INTO THE NATIONAL CRIME INFORMATION CENTER (NCIC) SYSTEM TO DETERMINE WHETHER THE GUN WAS REPORTED STOLEN. 8. THE SUPERINTENDENT MAY ADOPT RULES AND REGULATIONS TO EFFECTUATE THE PROVISIONS OF THIS SECTION. § 2. This act shall take effect on the one hundred eightieth day after it shall have become a law. PART P Section 1. Paragraph 13 of subdivision (c) of section 33.13 of the mental hygiene law, as amended by chapter 491 of the laws of 2008, subparagraph (ii) as amended by chapter 37 of the laws of 2011, is amended to read as follows: 13. to the state division of criminal justice services for the sole purposes of: (i) providing, facilitating, evaluating or auditing access by the commissioner of mental health to criminal history information pursuant to subdivision (i) of section 7.09 of this chapter; or (ii) providing information to the criminal justice information services division of the federal bureau of investigation by the commis- sioner of mental health or the commissioner of developmental disabili- ties, for the purposes of responding to queries to the national instant S. 7505--A 32 A. 9505--A criminal background check system regarding attempts to purchase or otherwise take possession of firearms, in accordance with applicable federal laws or regulations[.]; OR (III) PROVIDING INFORMATION TO PUBLIC ENTITIES RESPONSIBLE FOR DETER- MINING ELIGIBILITY FOR PURCHASE OR POSSESSION IN STATES OTHER THAN NEW YORK FOR THE SOLE PURPOSE OF DETERMINING ELIGIBILITY TO PURCHASE, POSSESS, OR CARRY A FIREARM, PROVIDED THAT THE LAW ENFORCEMENT ENTITY OBTAINS AND PROVIDES PATIENT CONSENT TO THE DIVISION OF CRIMINAL JUSTICE SERVICES, WHERE LEGALLY NECESSARY. § 2. Paragraph 15 of subdivision (c) of section 33.13 of the mental hygiene law, as added by chapter 1 of the laws of 2013, is amended to read as follows: 15. to the division of criminal justice services, names and other non-clinical identifying information for the sole [purpose] PURPOSES of: (I) implementing the division's responsibilities and duties under sections 400.00 and 400.02 of the penal law[.]; OR (II) PROVIDING INFORMATION TO PUBLIC ENTITIES RESPONSIBLE FOR DETER- MINING ELIGIBILITY FOR PURCHASE OR POSSESSION IN STATES OTHER THAN NEW YORK FOR THE SOLE PURPOSE OF DETERMINING ELIGIBILITY TO PURCHASE, POSSESS, OR CARRY A FIREARM, PROVIDED THAT THE LAW ENFORCEMENT ENTITY OBTAINS AND PROVIDES PATIENT CONSENT TO THE DIVISION OF CRIMINAL JUSTICE SERVICES, WHERE LEGALLY NECESSARY. § 3. This act shall take effect immediately. PART Q Section 1. The penal law is amended by adding a new section 120.65 to read as follows: § 120.65 DOMESTIC VIOLENCE. A PERSON IS GUILTY OF DOMESTIC VIOLENCE WHEN HE OR SHE: 1. COMMITS A SERIOUS OFFENSE AS DEFINED IN PARAGRAPH (C) OF SUBDIVI- SION SEVENTEEN OF SECTION 265.00 OF THIS CHAPTER AND THE PERSON AGAINST WHOM THE OFFENSE IS COMMITTED IS A MEMBER OF THE SAME FAMILY OR HOUSE- HOLD AS DEFINED IN SUBDIVISION ONE OF SECTION 530.11 OF THE CRIMINAL PROCEDURE LAW; OR 2. COMMITS THE CRIME OF ASSAULT IN THE THIRD DEGREE AS DEFINED IN SUBDIVISIONS ONE AND TWO OF SECTION 120.00 OF THIS ARTICLE, OR CRIMINAL OBSTRUCTION OF BREATHING OR BLOOD CIRCULATION AS DEFINED IN SECTION 121.11 OF THIS TITLE, FORCIBLE TOUCHING AS DEFINED IN SECTION 130.52 OF THIS TITLE, OR SEXUAL ABUSE IN THE SECOND DEGREE AS DEFINED IN SECTION 130.60 OF THIS TITLE, OR SEXUAL ABUSE IN THE THIRD DEGREE AS DEFINED IN SECTION 130.55 OF THIS TITLE, OR UNLAWFUL IMPRISONMENT IN THE SECOND DEGREE AS DEFINED IN SECTION 135.05 OF THIS TITLE AND THE PERSON AGAINST WHOM THE OFFENSE IS COMMITTED IS A CURRENT OR FORMER SPOUSE, PARENT, OR GUARDIAN OF THE PERSON COMMITTING THE OFFENSE, A PERSON WITH WHOM THE PERSON COMMITTING THE OFFENSE SHARES A CHILD IN COMMON, A PERSON WHO IS COHABITING WITH OR HAS COHABITED WITH THE PERSON COMMITTING THE OFFENSE AS A SPOUSE, PARENT, OR GUARDIAN, OR A PERSON SIMILARLY SITUATED TO A SPOUSE, PARENT, OR GUARDIAN OF THE PERSON COMMITTING THE OFFENSE. DOMESTIC VIOLENCE IS A CLASS A MISDEMEANOR. § 2. Paragraph (c) of subdivision 17 of section 265.00 of the penal law, as added by chapter 60 of the laws of 2018, is amended to read as follows: (c) any of the following offenses, where the defendant and the person against whom the offense was committed were members of the same family or household as defined in subdivision one of section 530.11 of the S. 7505--A 33 A. 9505--A criminal procedure law [and as established pursuant to section 370.15 of the criminal procedure law]: assault in the third degree; menacing in the third degree; menacing in the second degree; criminal obstruction of breathing or blood circulation; unlawful imprisonment in the second degree; coercion in the third degree; criminal tampering in the third degree; criminal contempt in the second degree; harassment in the first degree; aggravated harassment in the second degree; criminal trespass in the third degree; criminal trespass in the second degree; arson in the fifth degree; or attempt to commit any of the above-listed offenses. § 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 R Section 1. Short title. This act shall be known and may be cited as the "New York Hate Crime Anti-Terrorism Act". § 2. The opening paragraph of section 485.00 of the penal law, as amended by chapter 8 of the laws of 2019, is amended to read as follows: The legislature finds and determines as follows: criminal acts involv- ing violence, intimidation and destruction of property based upon bias and prejudice have become more prevalent in New York state in recent years. The intolerable truth is that in these crimes, commonly and justly referred to as "hate crimes", victims are intentionally selected, in whole or in part, because of their race, color, national origin, ancestry, gender, gender identity or expression, religion, religious practice, age, disability or sexual orientation. Hate crimes do more than threaten the safety and welfare of all citizens. They inflict on victims incalculable physical and emotional damage and tear at the very fabric of free society. Crimes motivated by invidious hatred toward particular groups not only harm individual victims but send a powerful message of intolerance and discrimination to all members of the group to which the victim belongs. Hate crimes can and do intimidate and disrupt entire communities and vitiate the civility that is essential to healthy democratic processes. In a democratic society, citizens cannot be required to approve of the beliefs and practices of others, but must never commit criminal acts on account of them. [Current law] HOWEVER, THESE CRIMINAL ACTS DO OCCUR AND ARE OCCURRING MORE AND MORE FREQUENTLY. QUITE OFTEN, THESE CRIMES OF HATE ARE ALSO ACTS OF TERROR. THE RECENT ATTACKS IN MONSEY, NEW YORK AS WELL AS THE SHOOTINGS IN EL PASO, TEXAS; PITTSBURGH, PENNSYLVANIA; SUTHERLAND SPRINGS, TEXAS; ORLANDO, FLORIDA; AND CHARLESTON, SOUTH CAROLINA ILLUSTRATE THAT MASS KILLINGS ARE OFTEN APOLITICAL, MOTIVATED BY THE HATRED OF A SPECIFIC GROUP COUPLED WITH A DESIRE TO INFLICT MASS CASUALTIES. THE CURRENT LAW EMPHASIZES THE POLI- TICAL MOTIVATION OF AN ACT OVER ITS CATASTROPHIC EFFECT AND does not adequately recognize the harm to public order and individual safety that hate crimes cause. Therefore, our laws must be strengthened to provide clear recognition of the gravity of hate crimes and the compelling importance of preventing their recurrence. § 3. Subdivision 3 of section 485.05 of the penal law, as amended by section 9 of part NN of chapter 55 of the laws of 2018, is amended to read as follows: 3. A "specified offense" is an offense defined by any of the following provisions of this chapter: section 120.00 (assault in the third degree); section 120.05 (assault in the second degree); section 120.10 (assault in the first degree); section 120.12 (aggravated assault upon a person less than eleven years old); section 120.13 (menacing in the S. 7505--A 34 A. 9505--A first degree); section 120.14 (menacing in the second degree); section 120.15 (menacing in the third degree); section 120.20 (reckless endan- germent in the second degree); section 120.25 (reckless endangerment in the first degree); section 121.12 (strangulation in the second degree); section 121.13 (strangulation in the first degree); subdivision one of section 125.15 (manslaughter in the second degree); subdivision one, two or four of section 125.20 (manslaughter in the first degree); section 125.25 (murder in the second degree); section 120.45 (stalking in the fourth degree); section 120.50 (stalking in the third degree); section 120.55 (stalking in the second degree); section 120.60 (stalking in the first degree); subdivision one of section 130.35 (rape in the first degree); subdivision one of section 130.50 (criminal sexual act in the first degree); subdivision one of section 130.65 (sexual abuse in the first degree); paragraph (a) of subdivision one of section 130.67 (aggravated sexual abuse in the second degree); paragraph (a) of subdi- vision one of section 130.70 (aggravated sexual abuse in the first degree); section 135.05 (unlawful imprisonment in the second degree); section 135.10 (unlawful imprisonment in the first degree); section 135.20 (kidnapping in the second degree); section 135.25 (kidnapping in the first degree); section 135.60 (coercion in the third degree); section 135.61 (coercion in the second degree); section 135.65 (coercion in the first degree); section 140.10 (criminal trespass in the third degree); section 140.15 (criminal trespass in the second degree); section 140.17 (criminal trespass in the first degree); section 140.20 (burglary in the third degree); section 140.25 (burglary in the second degree); section 140.30 (burglary in the first degree); section 145.00 (criminal mischief in the fourth degree); section 145.05 (criminal mischief in the third degree); section 145.10 (criminal mischief in the second degree); section 145.12 (criminal mischief in the first degree); section 150.05 (arson in the fourth degree); section 150.10 (arson in the third degree); section 150.15 (arson in the second degree); section 150.20 (arson in the first degree); section 155.25 (petit larceny); section 155.30 (grand larceny in the fourth degree); section 155.35 (grand larceny in the third degree); section 155.40 (grand larceny in the second degree); section 155.42 (grand larceny in the first degree); section 160.05 (robbery in the third degree); section 160.10 (robbery in the second degree); section 160.15 (robbery in the first degree); section 240.25 (harassment in the first degree); subdivision one, two or four of section 240.30 (aggravated harassment in the second degree); SECTION 490.10 (SOLICITING OR PROVIDING SUPPORT FOR AN ACT OF TERRORISM IN THE SECOND DEGREE); SECTION 490.15 (SOLICITING OR PROVIDING SUPPORT FOR AN ACT OF TERRORISM IN THE FIRST DEGREE); SECTION 490.20 (MAKING A TERRORISTIC THREAT); SECTION 490.25 (CRIME OF TERRORISM); SECTION 490.30 (HINDERING PROSECUTION OF TERRORISM IN THE SECOND DEGREE); SECTION 490.35 (HINDERING PROSECUTION OF TERRORISM IN THE FIRST DEGREE); SECTION 490.37 (CRIMINAL POSSESSION OF A CHEMICAL WEAPON OR BIOLOGICAL WEAPON IN THE THIRD DEGREE); SECTION 490.40 (CRIMINAL POSSESSION OF A CHEMICAL WEAPON OR BIOLOGICAL WEAPON IN THE SECOND DEGREE); SECTION 490.45 (CRIM- INAL POSSESSION OF A CHEMICAL WEAPON OR BIOLOGICAL WEAPON IN THE FIRST DEGREE); SECTION 490.47 (CRIMINAL USE OF A CHEMICAL WEAPON OR BIOLOGICAL WEAPON IN THE THIRD DEGREE); SECTION 490.50 (CRIMINAL USE OF A CHEMICAL WEAPON OR BIOLOGICAL WEAPON IN THE SECOND DEGREE); SECTION 490.55 (CRIM- INAL USE OF A CHEMICAL WEAPON OR BIOLOGICAL WEAPON IN THE FIRST DEGREE); or any attempt or conspiracy to commit any of the foregoing offenses. § 4. The penal law is amended by adding two new sections 490.27 and 490.28 to read as follows: S. 7505--A 35 A. 9505--A § 490.27 DOMESTIC ACT OF TERRORISM MOTIVATED BY HATE IN THE SECOND DEGREE. A PERSON IS GUILTY OF THE CRIME OF DOMESTIC ACT OF TERRORISM MOTIVATED BY HATE IN THE SECOND DEGREE WHEN, ACTING WITH THE INTENT TO CAUSE THE DEATH OF, OR SERIOUS PHYSICAL INJURY TO, FIVE OR MORE OTHER PERSONS, IN WHOLE OR IN SUBSTANTIAL PART BECAUSE OF THE PERCEIVED RACE, COLOR, NATIONAL ORIGIN, ANCESTRY, GENDER, GENDER IDENTITY OR EXPRESSION, RELI- GION, RELIGIOUS PRACTICE, AGE, DISABILITY, OR SEXUAL ORIENTATION OF SUCH OTHER PERSONS, REGARDLESS OF WHETHER THAT BELIEF OR PERCEPTION IS CORRECT, HE OR SHE, AS PART OF THE SAME CRIMINAL TRANSACTION, ATTEMPTS TO CAUSE THE DEATH OF, OR SERIOUS PHYSICAL INJURY TO, SUCH FIVE OR MORE PERSONS, PROVIDED THAT THE VICTIMS ARE NOT PARTICIPANTS IN THE CRIMINAL TRANSACTION. DOMESTIC ACT OF TERRORISM MOTIVATED BY HATE IN THE SECOND DEGREE IS A CLASS A-I FELONY. § 490.28 DOMESTIC ACT OF TERRORISM MOTIVATED BY HATE IN THE FIRST DEGREE. A PERSON IS GUILTY OF THE CRIME OF DOMESTIC ACT OF TERRORISM MOTIVATED BY HATE IN THE FIRST DEGREE WHEN, ACTING WITH THE INTENT TO CAUSE THE DEATH OF, OR SERIOUS PHYSICAL INJURY TO, FIVE OR MORE OTHER PERSONS, IN WHOLE OR IN SUBSTANTIAL PART BECAUSE OF THE PERCEIVED RACE, COLOR, NATIONAL ORIGIN, ANCESTRY, GENDER, GENDER IDENTITY OR EXPRESSION, RELI- GION, RELIGIOUS PRACTICE, AGE, DISABILITY, OR SEXUAL ORIENTATION OF SUCH OTHER PERSON OR PERSONS, REGARDLESS OF WHETHER THAT BELIEF OR PERCEPTION IS CORRECT, HE OR SHE, AS PART OF THE SAME CRIMINAL TRANSACTION: 1. CAUSES THE DEATH OF AT LEAST ONE OTHER PERSON, PROVIDED THAT THE VICTIM OR VICTIMS ARE NOT A PARTICIPANT IN THE CRIMINAL TRANSACTION; AND 2. CAUSES OR ATTEMPTS TO CAUSE THE DEATH OF FOUR OR MORE ADDITIONAL OTHER PERSONS, PROVIDED THAT THE VICTIMS ARE NOT A PARTICIPANT IN THE CRIMINAL TRANSACTION; AND 3. THE DEFENDANT WAS MORE THAN EIGHTEEN YEARS OLD AT THE TIME OF THE COMMISSION OF THE CRIME. DOMESTIC ACT OF TERRORISM MOTIVATED BY HATE IN THE FIRST DEGREE IS A CLASS A-I FELONY. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, WHEN A PERSON IS CONVICTED OF DOMESTIC ACT OF TERRORISM MOTIVATED BY HATE IN THE FIRST DEGREE, THE SENTENCE SHALL BE LIFE IMPRISONMENT WITHOUT PAROLE. § 5. Paragraph (q) of subdivision 8 of section 700.05 of the criminal procedure law, as amended by section 3 of part A of chapter 1 of the laws of 2004, is amended to read as follows: (q) Soliciting or providing support for an act of terrorism in the second degree as defined in section 490.10 of the penal law, soliciting or providing support for an act of terrorism in the first degree as defined in section 490.15 of the penal law, making a terroristic threat as defined in section 490.20 of the penal law, crime of terrorism as defined in section 490.25 of the penal law, DOMESTIC ACT OF TERRORISM MOTIVATED BY HATE IN THE SECOND DEGREE AS DEFINED IN SECTION 490.27 OF THE PENAL LAW, DOMESTIC ACT OF TERRORISM MOTIVATED BY HATE IN THE FIRST DEGREE AS DEFINED IN SECTION 490.28 OF THE PENAL LAW, hindering prose- cution of terrorism in the second degree as defined in section 490.30 of the penal law, hindering prosecution of terrorism in the first degree as defined in section 490.35 of the penal law, criminal possession of a chemical weapon or biological weapon in the third degree as defined in section 490.37 of the penal law, criminal possession of a chemical weap- on or biological weapon in the second degree as defined in section 490.40 of the penal law, criminal possession of a chemical weapon or S. 7505--A 36 A. 9505--A biological weapon in the first degree as defined in section 490.45 of the penal law, criminal use of a chemical weapon or biological weapon in the third degree as defined in section 490.47 of the penal law, criminal use of a chemical weapon or biological weapon in the second degree as defined in section 490.50 of the penal law, and criminal use of a chemi- cal weapon or biological weapon in the first degree as defined in section 490.55 of the penal law. § 6. Domestic terrorism task force. (a) There is hereby created the domestic terrorism task force to examine, evaluate and determine how to prevent mass shootings by domestic terrorists, consisting of nine members, each to serve until two years after the effective date of this act. (b) (1) Such members shall be appointed as follows: one member shall be the commissioner of the division of criminal justice services; one member shall be the superintendent of state police; three members shall be appointed by the governor; one member shall be appointed by the temporary president of the senate; one member shall be appointed by the minority leader of the senate; one member shall be appointed by the speaker of the assembly; and one member shall be appointed by the minor- ity leader of the assembly. Appointments shall be made within sixty days of the effective date of this act. Vacancies in the task force shall be filled in the same manner provided for original appointments. (2) All appointees shall have expertise in fields or disciplines related to criminal justice or violence prevention. (3) The task force shall be chaired by the commissioner of the divi- sion of criminal justice services. The task force shall elect a vice- chair by majority vote and other necessary officers from among all appointed members. (4) The task force shall meet at least quarterly at the call of the chair. Meetings may be held via teleconference. Special meetings may be called by the chair at the request of a majority of the members of the task force. (5) Members of the task force shall receive no compensation for their services but shall be reimbursed for their actual expenses incurred in the performance of their duties in the work of the task force. (c) The task force shall: (1) study mass shooting incidents; (2) recommend practices to identify potential mass shooters and prevent mass shooting incidents; and (3) recommend practices to provide for the security of locations like- ly to be targeted by a mass shooter. (d) The task force may establish advisory committees as it deems appropriate on matters relating to the task force's functions, powers and duties. Such committees shall be chaired by a task force member, but may be composed of task force members as well as other individuals selected by the task force to provide expertise of interest specific to the charge of such committees. (e) The task force may, as it deems appropriate, request that studies, surveys and analyses relating to the task force's powers and duties be performed by any state department, commission, agency or public authori- ty. All state departments, commissions, agencies or public authorities shall provide information and advice in a timely manner and otherwise assist the task force with its work; provided however, any information or records otherwise confidential and privileged in accordance with state or federal law that are provided to the task force pursuant to S. 7505--A 37 A. 9505--A this subdivision shall remain confidential as provided by such state or federal law. (f) The task force shall provide a preliminary report to the governor and the legislature of its findings, conclusions, recommendations and activities already undertaken by the task force, not later than thirteen months after the effective date of this act, and a final report of its findings, conclusions, recommendations and activities already undertaken by the task force, not later than twenty-two months after the effective date of this act and shall submit with its reports legislative proposals as it deems necessary to implement its recommendations. § 7. This act shall take effect on the first of November next succeed- ing the date on which it shall have become a law. PART S Section 1. Section 167-a of the civil service law, as amended by section 1 of part I of chapter 55 of the laws of 2012, is amended to read as follows: § 167-a. Reimbursement for medicare premium charges. Upon exclusion from the coverage of the health benefit plan of supplementary medical insurance benefits for which an active or retired employee or a depend- ent covered by the health benefit plan is or would be eligible under the federal old-age, survivors and disability insurance program, 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 TWENTY-ONE THERE SHALL BE NO PAYMENT WHATSOEVER FOR THE INCOME RELATED MONTHLY ADJUSTMENT AMOUNT FOR AMOUNTS (PREMIUMS) INCURRED ON OR AFTER JANUARY FIRST, TWO THOUSAND TWENTY TO ANY ACTIVE OR RETIRED EMPLOYEE AND HIS OR HER DEPEN- DENTS, 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 receiv- ing a retirement allowance, such STANDARD MEDICARE PREMIUM amount may be included with payments of his or her retirement allowance. All state employer, employee, retired employee and dependent contributions to the health insurance fund, including contributions from public authorities, public benefit corporations or other quasi-public organizations of the state eligible for participation in the health benefit plan as author- ized by subdivision two of section one hundred sixty-three of this arti- cle, shall be adjusted as necessary to cover the cost of reimbursing federal old-age, survivors and disability insurance program premium charges under this section. This cost shall be included in the calcu- lation of premium or subscription charges for health coverage provided to employees and retired employees of the state, public authorities, public benefit corporations or other quasi-public organizations of the state; provided, however, the state, public authorities, public benefit corporations or other quasi-public organizations of the state shall remain obligated to pay no less than its share of such increased cost consistent with its share of premium or subscription charges provided for by this article. All other employer contributions to the health insurance fund shall be adjusted as necessary to provide for such payments. S. 7505--A 38 A. 9505--A § 2. This act shall take effect immediately and shall apply on January 1, 2020 for the income related monthly adjustment amount for amounts, premiums, incurred on or after January 1, 2020. PART T 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. PROVIDED HOWEVER, THAT THIS SECTION SHALL NOT APPLY TO ANY PROVISION OF THE TAX LAW WHICH PROVIDES FOR THE ANNUAL RATE OF INTEREST TO BE PAID ON A JUDGMENT OR ACCRUED CLAIM. § 2. Section 16 of the state finance law, as amended by chapter 681 of the laws of 1982, is amended to read as follows: § 16. Rate of interest on judgments and accrued claims against the state. The rate of interest to be paid by the state upon any judgment or accrued claim against the state shall [not exceed nine per centum per annum] BE CALCULATED AT THE ONE-YEAR UNITED STATES TREASURY BILL RATE. FOR THE PURPOSES OF THIS SECTION, THE "ONE-YEAR UNITED STATES TREASURY BILL RATE" MEANS THE WEEKLY AVERAGE ONE-YEAR CONSTANT MATURITY TREASURY YIELD, AS PUBLISHED BY THE BOARD OF GOVERNORS OF THE FEDERAL RESERVE SYSTEM, FOR THE CALENDAR WEEK PRECEDING THE DATE OF THE ENTRY OF THE JUDGMENT AWARDING DAMAGES. PROVIDED HOWEVER, THAT THIS SECTION SHALL NOT APPLY TO ANY PROVISION OF THE TAX LAW WHICH PROVIDES FOR THE ANNUAL RATE OF INTEREST TO BE PAID ON A JUDGMENT OR ACCRUED CLAIM. § 3. This act shall take effect immediately, and shall be deemed to have been in full force and effect on and after April 1, 2020. PART U 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 FORTY-FOUR DOLLARS AND SIXTY CENTS PER MONTH. Where appropriate, such STANDARD MEDICARE PREMIUM amount may be deducted from contributions payable by the employee or retired employee; S. 7505--A 39 A. 9505--A or where appropriate in the case of a retired employee receiving a retirement allowance, such STANDARD MEDICARE PREMIUM amount may be included with payments of his or her retirement allowance. All state employer, employee, retired employee and dependent contributions to the health insurance fund, including contributions from public authorities, public benefit corporations or other quasi-public organizations of the state eligible for participation in the health benefit plan as author- ized by subdivision two of section one hundred sixty-three of this arti- cle, shall be adjusted as necessary to cover the cost of reimbursing federal old-age, survivors and disability insurance program premium charges under this section. This cost shall be included in the calcu- lation of premium or subscription charges for health coverage provided to employees and retired employees of the state, public authorities, public benefit corporations or other quasi-public organizations of the state; provided, however, the state, public authorities, public benefit corporations or other quasi-public organizations of the state shall remain obligated to pay no less than its share of such increased cost consistent with its share of premium or subscription charges provided for by this article. All other employer contributions to the health insurance fund shall be adjusted as necessary to provide for such payments. § 2. This act shall take effect immediately and shall apply to the standard medicare premium amount on and after April 1, 2020. PART V Section 1. Section 167 of the civil service law is amended by adding a new subdivision 10 to read as follows: 10. NOTWITHSTANDING ANY INCONSISTENT PROVISION OF LAW, THE STATE'S CONTRIBUTION FOR THE COST OF PREMIUM OR SUBSCRIPTION CHARGES FOR THE COVERAGE OF RETIRED STATE EMPLOYEES WHO ARE ENROLLED IN THE STATEWIDE AND THE SUPPLEMENTARY HEALTH BENEFIT PLANS ESTABLISHED PURSUANT TO THIS ARTICLE AND WHO ARE HIRED ON OR AFTER OCTOBER FIRST, TWO THOUSAND TWENTY SHALL BE AS SET FORTH IN THIS SUBDIVISION. (A) FOR STATE EMPLOYEES WHO RETIRE FROM A POSITION AT OR EQUATED TO GRADE TEN OR HIGHER WITH AT LEAST TEN BUT LESS THAN TWENTY YEARS OF SERVICE, THE STATE SHALL PAY FIFTY PERCENT OF THE COST OF PREMIUM OR SUBSCRIPTION CHARGES FOR THE INDIVIDUAL COVERAGE OF SUCH RETIRED STATE EMPLOYEES. SUCH CONTRIBUTIONS SHALL INCREASE BY TWO PERCENT OF THE COST OF PREMIUM OR SUBSCRIPTION CHARGES FOR EACH YEAR OF SERVICE IN EXCESS OF TEN YEARS, TO A MAXIMUM OF SIXTY-EIGHT PERCENT OF THE COST OF PREMIUM OR SUBSCRIPTION CHARGES. FOR STATE EMPLOYEES WHO RETIRE FROM A POSITION AT OR EQUATED TO GRADE TEN OR HIGHER WITH TWENTY OR MORE YEARS OF SERVICE, THE STATE SHALL PAY SEVENTY-FOUR PERCENT OF THE COST OF PREMIUM OR SUBSCRIPTION CHARGES FOR THE INDIVIDUAL COVERAGE OF SUCH RETIRED STATE EMPLOYEES. SUCH CONTRIBUTIONS SHALL INCREASE BY ONE PERCENT OF THE COST OF PREMIUM OR SUBSCRIPTION CHARGES FOR EACH YEAR OF SERVICE IN EXCESS OF TWENTY YEARS, TO A MAXIMUM OF EIGHTY-FOUR PERCENT OF THE COST OF PREMIUM OR SUBSCRIPTION CHARGES. (B) FOR STATE EMPLOYEES WHO RETIRE FROM A POSITION AT OR EQUATED TO GRADE NINE OR LOWER WITH AT LEAST TEN BUT LESS THAN TWENTY YEARS OF SERVICE, THE STATE SHALL PAY FIFTY-FOUR PERCENT OF THE COST OF PREMIUM OR SUBSCRIPTION CHARGES FOR THE INDIVIDUAL COVERAGE OF SUCH RETIRED STATE EMPLOYEES. SUCH CONTRIBUTIONS SHALL INCREASE BY TWO PERCENT OF THE COST OF PREMIUM OR SUBSCRIPTION CHARGES FOR EACH YEAR OF SERVICE IN EXCESS OF TEN YEARS, TO A MAXIMUM OF SEVENTY-TWO PERCENT OF THE COST OF S. 7505--A 40 A. 9505--A PREMIUM OR SUBSCRIPTION CHARGES. FOR STATE EMPLOYEES WHO RETIRE FROM A POSITION AT OR EQUATED TO GRADE NINE OR LOWER WITH TWENTY OR MORE YEARS OF SERVICE, THE STATE SHALL PAY SEVENTY-EIGHT PERCENT OF THE COST OF PREMIUM OR SUBSCRIPTION CHARGES FOR THE INDIVIDUAL COVERAGE OF SUCH RETIRED STATE EMPLOYEES. SUCH CONTRIBUTIONS SHALL INCREASE BY ONE PERCENT OF THE COST OF PREMIUM OR SUBSCRIPTION CHARGES FOR EACH YEAR OF SERVICE IN EXCESS OF TWENTY YEARS, TO A MAXIMUM OF EIGHTY-EIGHT PERCENT OF THE COST OF PREMIUM OR SUBSCRIPTION CHARGES. (C) FOR STATE EMPLOYEES WHO RETIRE FROM A POSITION AT OR EQUATED TO GRADE TEN OR HIGHER WITH AT LEAST TEN BUT LESS THAN TWENTY YEARS OF SERVICE, THE STATE SHALL PAY THIRTY-FIVE PERCENT OF THE COST OF PREMIUM OR SUBSCRIPTION CHARGES FOR THE COVERAGE OF DEPENDENTS OF SUCH RETIRED STATE EMPLOYEES; SUCH CONTRIBUTION SHALL INCREASE BY TWO PERCENT OF THE COST OF PREMIUM OR SUBSCRIPTION CHARGES FOR EACH YEAR OF SERVICE IN EXCESS OF TEN YEARS, TO A MAXIMUM OF FIFTY-THREE PERCENT OF THE COST OF PREMIUM OR SUBSCRIPTION CHARGES FOR SUCH DEPENDENTS. FOR STATE EMPLOYEES WHO RETIRE FROM A POSITION AT OR EQUATED TO GRADE TEN OR HIGHER WITH TWENTY OR MORE YEARS OF SERVICE, THE STATE SHALL PAY FIFTY-NINE PERCENT OF THE COST OF PREMIUM OR SUBSCRIPTION CHARGES FOR THE COVERAGE OF DEPENDENTS OF SUCH RETIRED STATE EMPLOYEES; SUCH CONTRIBUTION SHALL INCREASE BY ONE PERCENT OF THE COST OF PREMIUM OR SUBSCRIPTION CHARGES FOR EACH YEAR OF SERVICE IN EXCESS OF TWENTY YEARS, TO A MAXIMUM OF SIXTY-NINE PERCENT OF THE COST OF PREMIUM OR SUBSCRIPTION CHARGES FOR SUCH DEPENDENTS. (D) FOR STATE EMPLOYEES WHO RETIRE FROM A POSITION AT OR EQUATED TO GRADE NINE OR LOWER WITH AT LEAST TEN BUT LESS THAN TWENTY YEARS OF SERVICE, THE STATE SHALL PAY THIRTY-NINE PERCENT OF THE COST OF PREMIUM OR SUBSCRIPTION CHARGES FOR THE COVERAGE OF DEPENDENTS OF SUCH RETIRED STATE EMPLOYEES; SUCH CONTRIBUTION SHALL INCREASE BY TWO PERCENT OF THE COST OF PREMIUM OR SUBSCRIPTION CHARGES FOR EACH YEAR OF SERVICE IN EXCESS OF TEN YEARS, TO A MAXIMUM OF FIFTY-SEVEN PERCENT OF THE COST OF PREMIUM OR SUBSCRIPTION CHARGES FOR SUCH DEPENDENTS. FOR STATE EMPLOYEES WHO RETIRE FROM A POSITION AT OR EQUATED TO GRADE NINE OR LOWER WITH TWENTY OR MORE YEARS OF SERVICE, THE STATE SHALL PAY SIXTY-THREE PERCENT OF THE COST OF PREMIUM OR SUBSCRIPTION CHARGES FOR THE COVERAGE OF DEPENDENTS OF SUCH RETIRED STATE EMPLOYEES; SUCH CONTRIBUTION SHALL INCREASE BY ONE PERCENT OF THE COST OF PREMIUM OR SUBSCRIPTION CHARGES FOR EACH YEAR OF SERVICE IN EXCESS OF TWENTY YEARS, TO A MAXIMUM OF SEVENTY-THREE PERCENT OF THE COST OF PREMIUM OR SUBSCRIPTION CHARGES FOR SUCH DEPENDENTS. (E) WITH RESPECT TO ALL SUCH RETIRED STATE EMPLOYEES, EACH INCREMENT OF ONE OR TWO PERCENT OF THE COST OF PREMIUM OR SUBSCRIPTION CHARGES FOR EACH YEAR OF SERVICE SHALL BE APPLICABLE FOR WHOLE YEARS OF SERVICE TO THE STATE AND SHALL NOT BE APPLIED ON A PRO-RATA BASIS FOR PARTIAL YEARS OF SERVICE. (F) THE PROVISIONS OF THIS SUBDIVISION SHALL NOT BE APPLICABLE TO: (1) MEMBERS OF THE NEW YORK STATE AND LOCAL POLICE AND FIRE RETIREMENT SYSTEM; (2) MEMBERS IN THE UNIFORMED PERSONNEL IN INSTITUTIONS UNDER THE JURISDICTION OF THE STATE DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPER- VISION OR WHO ARE SECURITY HOSPITAL TREATMENT ASSISTANTS, AS DEFINED IN SECTION EIGHTY-NINE OF THE RETIREMENT AND SOCIAL SECURITY LAW; AND (3) ANY STATE EMPLOYEE DETERMINED TO HAVE RETIRED WITH AN ORDINARY, ACCIDENTAL, OR PERFORMANCE OF DUTY DISABILITY RETIREMENT BENEFIT. (G) FOR THE PURPOSES OF DETERMINING THE COST OF PREMIUM OR SUBSCRIPTION CHARGES TO BE PAID BY THE STATE ON BEHALF OF RETIRED STATE S. 7505--A 41 A. 9505--A EMPLOYEES ENROLLED IN THE NEW YORK STATE HEALTH INSURANCE PROGRAM WHO ARE HIRED ON OR AFTER OCTOBER FIRST, TWO THOUSAND TWENTY, THE STATE SHALL CONSIDER ALL YEARS OF SERVICE THAT A RETIRED STATE EMPLOYEE HAS ACCRUED IN A PUBLIC RETIREMENT SYSTEM OF THE STATE OR AN OPTIONAL RETIREMENT PROGRAM ESTABLISHED PURSUANT TO ARTICLE THREE, EIGHT-B, OR ONE HUNDRED TWENTY-FIVE-A OF THE EDUCATION LAW. THE PROVISIONS OF THIS PARAGRAPH MAY NOT BE USED TO GRANT ELIGIBILITY FOR RETIREE STATE HEALTH INSURANCE COVERAGE TO A RETIREE WHO IS NOT OTHERWISE ELIGIBLE TO ENROLL IN THE NEW YORK STATE HEALTH INSURANCE PROGRAM AS A RETIREE. § 2. This act shall take effect October 1, 2020. PART W Section 1. Paragraph (h) of subdivision 1 of section 209-a of the civil service law, as amended by section 1 of part E of chapter 55 of the laws of 2019, is amended to read as follows: (h) to disclose home addresses, personal telephone numbers, personal cell phone numbers, personal e-mail addresses of a public employee, as the term "public employee" is defined in subdivision seven of section two hundred one of this article, except (i) where required pursuant to the provisions of this article, [and] (ii) to the extent compelled to do so by lawful service of process, subpoena, court order, OR (III) IN ACCORDANCE WITH SUBDIVISION FOUR OF SECTION TWO HUNDRED EIGHT OF THIS ARTICLE, or as otherwise required by law. This paragraph shall not prohibit other provisions of law regarding work-related, publicly avail- able information such as title, salary, and dates of employment. § 2. Paragraph (b) of subdivision 4 of section 208 of the civil service law, as added by section 1 of part RRR of chapter 59 of the laws of 2018, is amended and a new paragraph (c) is added to read as follows: (b) Within thirty days of providing the notice in paragraph a of this subdivision, a public employer shall allow a duly appointed represen- tative of the employee organization that represents that bargaining unit to meet with such employee for a reasonable amount of time during his or her work time without charge to leave credits, unless otherwise speci- fied within an agreement bargained collectively under article fourteen of the civil service law, provided however that arrangements for such meeting must be scheduled in consultation with a designated represen- tative of the public employer[.]; AND (C) UPON THE REQUEST OF THE CERTIFIED AND RECOGNIZED EMPLOYEE ORGAN- IZATION, AND IF THE PUBLIC EMPLOYER CONDUCTS NEW EMPLOYEE ORIENTATIONS, THE PUBLIC EMPLOYER SHALL PROVIDE THE EMPLOYEE ORGANIZATION MANDATORY ACCESS TO SUCH NEW EMPLOYEE ORIENTATIONS. THE EMPLOYEE ORGANIZATION SHALL RECEIVE NOT LESS THAN TEN DAYS' NOTICE IN ADVANCE OF AN ORIEN- TATION, EXCEPT THAT A SHORTER NOTICE MAY BE PROVIDED IN A SPECIFIC INSTANCE WHERE THERE IS AN URGENT NEED CRITICAL TO THE EMPLOYER'S OPER- ATIONS THAT WAS NOT REASONABLY FORESEEABLE TO PROVIDE SUCH NOTICE. THE STRUCTURE, TIME, AND MANNER OF EXCLUSIVE REPRESENTATIVE ACCESS SHALL BE DETERMINED THROUGH MUTUAL AGREEMENT BETWEEN THE EMPLOYER AND THE EMPLOY- EE ORGANIZATION. § 3. Section 215 of the civil service law, as added by section 1 of part DD of chapter 56 of the laws of 2019, is amended to read as follows: § 215. [Agency] DUES OR AGENCY shop fee deductions. 1. Notwithstanding any other law to the contrary, any public employer, any employee organ- ization, the comptroller and the board, or any of their employees or agents, shall not be liable for, and shall have a complete defense to, S. 7505--A 42 A. 9505--A any claims or actions under the laws of this state for requiring, deducting, receiving, or retaining DUES OR agency shop fee deductions from public employees, and current or former public employees shall not have standing to pursue these claims or actions, if the DUES OR fees were permitted or mandated at the time under the laws of this state then in force and paid, through payroll deduction or otherwise, prior to June twenty-seventh, two thousand eighteen. 2. This section shall apply to claims and actions pending or filed on or after June twenty-seventh, two thousand eighteen. 3. The enactment of this section shall not be interpreted to create the inference that any relief made unavailable by this section would otherwise be available. § 4. This act shall take effect immediately. PART X Section 1. Section 103 of the state technology law is amended by adding a new subdivision 22 to read as follows: 22. TO ISSUE PROCUREMENTS FOR TECHNOLOGY, AS DEFINED IN SECTION ONE HUNDRED ONE OF THIS ARTICLE, IN THE MANNER AS PRESCRIBED IN THIS SUBDI- VISION. (A) NOTWITHSTANDING SECTION ONE HUNDRED SIXTY-THREE OF THE STATE FINANCE LAW, OR ANY OTHER PROVISION OF LAW TO THE CONTRARY, THE OFFICE MAY ISSUE SOLICITATIONS FOR COMPREHENSIVE TECHNOLOGY SERVICE CONTRACTS AND MAY AWARD COMPREHENSIVE TECHNOLOGY SERVICE CONTRACTS FOR TECHNOLOGY AS PRESCRIBED IN THIS SUBDIVISION. A COMPREHENSIVE TECHNOLOGY SERVICE CONTRACT SHALL MEAN ANY CONTRACT FOR BOTH THE DESIGN AND BUILD OF ANY TECHNOLOGY BY A SINGLE ENTITY OR MULTIPLE ENTITIES ACTING AS ONE, WHICH MAY INCLUDE ANY AND ALL TECHNOLOGY AS DEFINED IN THIS ARTICLE AND SHALL RESULT IN A COMPLETE AND OPERABLE SYSTEM DELIVERED TO THE STATE. (B) FOR ALL PROCUREMENTS CONDUCTED PURSUANT TO THIS SECTION, THE OFFICE SHALL ADVERTISE IN THE CONTRACT REPORTER AND ON THE WEBSITE OF THE OFFICE FOR NO LESS THAN FIFTEEN BUSINESS DAYS, A REQUEST FOR PROPOSALS WHICH SHALL INCLUDE A DETAILED DESCRIPTION OF THE WORK TO BE PERFORMED, ANY MINIMUM AND MANDATORY QUALIFICATIONS, A BRIEF DESCRIPTION OF HOW THE PROPOSALS WILL BE SCORED, AND ANY OTHER CRITERIA THAT THE OFFICE DEEMS NECESSARY AND APPROPRIATE. SCORING CRITERIA SHALL BE DRAFT- ED AND SEALED BY THE OFFICE PRIOR TO THE OPENING OF ANY BIDS. SUCH SCOR- ING CRITERIA SHALL BE OBJECTIVE TO THE EXTENT PRACTICABLE AND SHALL INCLUDE COST. IF THE WINNING PROPOSAL SCORES LESS THAN FIVE PERCENT HIGHER THAN THE PENULTIMATE PROPOSAL, THE OFFICE SHALL BE EMPOWERED TO REQUEST SUCH TWO BIDDERS TO RE-SUBMIT THEIR COST PROPOSALS WITH THE SAME OR LOWER COST WITHIN TEN BUSINESS DAYS' NOTICE, WHICH THE OFFICE SHALL THEN EVALUATE BASED ON THE ORIGINAL SEALED SCORING CRITERIA FOR FINAL AWARD. (C) THE OFFICE SHALL INCLUDE IN EVERY CONTRACT AWARDED PURSUANT TO THIS SECTION A CLAUSE WHICH LIMITS THE ABILITY OF ANY COST INCREASE OF THE CONTRACT TO NO MORE THAN TEN PERCENT OF THE ORIGINAL BID PRICE OF THE CONTRACTOR. ANY REQUEST FOR AN INCREASE IN CONTRACT PRICE SHALL BE SUBJECT TO APPROVAL OF THE DIRECTOR OF THE DIVISION OF THE BUDGET AND THE OFFICE OF THE STATE COMPTROLLER. SUCH CLAUSE SHALL ALSO SPECIFY THAT IF THE VENDOR REFUSES TO COMPLETE THE CONTRACT ACCORDING TO THE SPECIFIC TERMS OF THE CONTRACT AS SOLELY DETERMINED BY THE STATE AND UNLESS OTHERWISE AGREED TO IN WRITING BY THE STATE, THE CONTRACTOR SHALL BE LIABLE FOR RETURN OF ALL MONIES PAID BY THE STATE TO THE CONTRACTOR AS A RESULT OF THE SUBJECT CONTRACT, DOCUMENTED STATE OUT OF POCKET EXPENSES S. 7505--A 43 A. 9505--A UP TO THE TIME OF TERMINATION OF THE CONTRACT FOR WORK PERFORMED BY THE STATE IN FURTHERANCE OF THE GOALS OF THE CONTRACT, AND ANY DOCUMENTED COVER COSTS WHICH THE STATE INCURS AS A RESULT OF RE-PROCUREMENT OF THE CONTRACT, REGARDLESS OF FAULT. THE STATE SHALL ALSO RETAIN ALL TITLE AND INTEREST IN ANY CUSTOM-BUILT WORK PRODUCT DELIVERED TO THE STATE UP TO AND INCLUDING THE TIME OF TERMINATION, REGARDLESS OF PAYMENT OR REFUND OF ASSOCIATED MONIES TO OR BY THE STATE. (D) ALL TERMS USED IN THIS SECTION SHALL HAVE THE SAME MEANING OTHER- WISE PRESCRIBED IN THIS CHAPTER OR IN ARTICLES ELEVEN AND NINE OF THE STATE FINANCE LAW, EXCEPT FOR THOSE SPECIFICALLY DEFINED IN THIS SECTION. § 2. Subdivisions 3 and 4 of section 163-a of the state finance law, subdivision 3 as added by chapter 430 of the laws of 1997 and subdivi- sion 4 as amended by section 10 of part O of chapter 55 of the laws of 2012, are amended and a new subdivision 5 is added to read as follows: 3. A vendor has furnished at government request specifications or information regarding a product or service they provide, but such vendor has not been directly requested to write specifications for such product or service or an agency technology procurement proposal; [or] 4. The [state agency together with] DIRECTOR OF the office of informa- tion technology services, UPON REQUEST BY A STATE AGENCY, determines that the restriction is not in the best interest of the state[. Such office shall notify each member of the advisory council established in article one of the state technology law of any such waiver of these restrictions.]; OR 5. FOR THE OFFICE OF INFORMATION TECHNOLOGY SERVICES, THE RESTRICTIONS CONTAINED WITHIN THIS SECTION SHALL NOT APPLY TO PROCUREMENTS ISSUED PURSUANT TO SECTION ONE HUNDRED THREE OF THE STATE TECHNOLOGY LAW. § 3. This act shall take effect immediately. PART Y Section 1. Subdivision 10 of section 160 of the state finance law, as added by chapter 83 of the laws of 1995, is amended to read as follows: 10. "Technology" means either a good or a service or a combination thereof, [that results in a technical method of achieving a practical purpose or in improvements in productivity] USED IN THE APPLICATION OF ANY COMPUTER OR ELECTRONIC INFORMATION OR INTERCONNECTED SYSTEM THAT IS USED IN THE ACQUISITION, STORAGE, MANIPULATION, MANAGEMENT, MOVEMENT, CONTROL, DISPLAY, SWITCHING, INTERCHANGE, TRANSMISSION, OR RECEPTION OF DATA OR VOICE INCLUDING, BUT NOT LIMITED TO, HARDWARE, SOFTWARE, INFOR- MATION APPLIANCES, FIRMWARE, PROGRAMS, SYSTEMS, NETWORKS, INFRASTRUC- TURE, MEDIA, AND RELATED MATERIAL USED TO AUTOMATICALLY AND ELECTRON- ICALLY COLLECT, RECEIVE, ACCESS, TRANSMIT, DISPLAY, STORE, RECORD, RETRIEVE, ANALYZE, EVALUATE, PROCESS, CLASSIFY, MANIPULATE, MANAGE, ASSIMILATE, CONTROL, COMMUNICATE, EXCHANGE, CONVERT, COVERAGE, INTER- FACE, SWITCH, OR DISSEMINATE DATA OF ANY KIND OR FORM, AND SHALL INCLUDE ALL ASSOCIATED CONSULTING, MANAGEMENT, FACILITIES, MAINTENANCE AND TRAINING. Goods may be either new or used. § 2. Subdivision 5 of section 101 of the state technology law, as added by chapter 430 of the laws of 1997 and as renumbered by chapter 437 of the laws of 2004, is amended to read as follows: 5. "Technology" means [a good, service, or good and service that results in a digital, electronic or similar technical method of achiev- ing a practical purpose or in improvements in productivity, including but not limited to information management, equipment, software, operat- S. 7505--A 44 A. 9505--A ing systems, interface systems, interconnected systems, telecommuni- cations, data management, networks, and network management, consulting, supplies, facilities, maintenance and training] EITHER A GOOD OR A SERVICE OR A COMBINATION THEREOF, USED IN THE APPLICATION OF ANY COMPUT- ER OR ELECTRONIC INFORMATION OR INTERCONNECTED SYSTEM THAT IS USED IN THE ACQUISITION, STORAGE, MANIPULATION, MANAGEMENT, MOVEMENT, CONTROL, DISPLAY, SWITCHING, INTERCHANGE, TRANSMISSION, OR RECEPTION OF DATA OR VOICE INCLUDING, BUT NOT LIMITED TO, HARDWARE, SOFTWARE, INFORMATION APPLIANCES, FIRMWARE, PROGRAMS, SYSTEMS, NETWORKS, INFRASTRUCTURE, MEDIA, AND RELATED MATERIAL USED TO AUTOMATICALLY AND ELECTRONICALLY COLLECT, RECEIVE, ACCESS, TRANSMIT, DISPLAY, STORE, RECORD, RETRIEVE, ANALYZE, EVALUATE, PROCESS, CLASSIFY, MANIPULATE, MANAGE, ASSIMILATE, CONTROL, COMMUNICATE, EXCHANGE, CONVERT, COVERAGE, INTERFACE, SWITCH, OR DISSEMINATE DATA OF ANY KIND OR FORM, AND SHALL INCLUDE ALL ASSOCIATED CONSULTING, MANAGEMENT, FACILITIES, MAINTENANCE, SUPPORT AND TRAINING. GOODS MAY BE EITHER NEW OR USED. § 3. This act shall take effect immediately. PART Z Section 1. Section 1 of part S of chapter 56 of the laws of 2010, relating to establishing a joint appointing authority for the state financial system project, is amended to read as follows: Section 1. The division of the budget and office of the state comp- troller may dedicate such officers and employees as may be needed to a joint project, which shall be known as the [state] STATEWIDE financial system project, and which shall be responsible for the development, implementation and maintenance of a single, statewide financial manage- ment system for use by the OFFICE OF THE state comptroller and all agen- cies. The division of the budget and the office of the state comptroller shall serve jointly as the appointing authority for all titles within the project, and shall jointly appoint a project [manager] DIRECTOR therefor. For purposes of appointment and promotion under the civil service law, the [state] STATEWIDE financial system project shall be treated as if it were a single department. FOR THE PURPOSES OF PROCURE- MENT AND CONTRACTING PURSUANT TO THE STATE FINANCE LAW, THE STATEWIDE FINANCIAL SYSTEM PROJECT SHALL BE TREATED AS A SINGLE DEPARTMENT, PROVIDED THAT ALL PROCUREMENTS AND CONTRACTS ISSUED AND AGREED TO BY THE STATEWIDE FINANCIAL SYSTEM PROJECT SHALL BE SUBJECT TO THE APPROVAL OF THE DIVISION OF THE BUDGET AND THE OFFICE OF THE STATE COMPTROLLER. § 2. This act shall take effect immediately. PART AA Section 1. Subdivision 12 of section 3 of the public buildings law, as amended by section 48 of part T of chapter 57 of the laws of 2007, is amended to read as follows: 12. Lease from time to time buildings, rooms or premises in the county of Albany, and elsewhere as required, for providing space for depart- ments, commissions, boards and officers of the state government, upon such terms and conditions as he or she deems most advantageous to the state. Any such lease shall, however, be for a term not exceeding [ten] FIFTEEN years, but may provide for optional renewals on the part of the state, for terms of [ten] FIFTEEN years or less. Each such lease shall contain a clause stating that the contract of the state thereunder shall be deemed executory only to the extent of moneys available therefor and S. 7505--A 45 A. 9505--A that no liability shall be incurred by the state beyond the money avail- able for such purpose. Notwithstanding the provisions of any other law, except section sixteen hundred seventy-six of the public authorities law relating to use of dormitory authority facilities by the aged, the commissioner of general services shall have sole and exclusive authority to lease space for state departments, agencies, commissions, boards and officers within the county of Albany. Any buildings, rooms or premises, now or hereafter held by the commissioner of general services under lease, may be sublet, in part or in whole, provided that in the judgment of the commissioner, and the occupying department, commission, board, and officers of the state government, such buildings, rooms or premises are not for a time needed. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, IF BONDS OR NOTES ARE ISSUED PURSUANT TO SECTION SIXTEEN HUNDRED EIGHTY-N OF THE PUBLIC AUTHORITIES LAW FOR THE PURPOSE OF ACQUIRING A BUILDING OR OTHER FACILITY PREVIOUSLY FINANCED BY A LEASE OR LEASE-PURCHASE OBLIGATION AS AUTHORIZED HEREIN, THE STATE AGENCY WHICH IS THE TENANT IN OCCUPANCY SHALL BE AUTHORIZED TO REMIT TAX PAYMENTS OR PAYMENTS IN LIEU OF THEREOF TO THE APPROPRIATE TAXING AUTHORITY IN A MANNER CONSISTENT WITH THE PROCESS AND TERM ESTABLISHED UNDER THE ORIGINAL LEASE OR LEASE-PURCHASE FOR THE SUBJECT PROPERTY FOR A PERIOD COINCIDENT WITH THE TERM OF THE LEASE AS ESTABLISHED AT THE COMMENCEMENT OF THE TERM THEREOF. THE STATE MAY UNDERTAKE A CERTIORARI REVIEW OF ASSESSMENTS THAT MAY BE IMPOSED FROM TIME TO TIME. § 2. This act shall take effect on the same date as the reversion of subdivision 12 of section 3 of the public buildings law as provided in section 27 of chapter 95 of the laws of 2000, as amended. PART BB Section 1. Section 139-l of the state finance law, as added by section 1 of subpart A of part KK of chapter 57 of the laws of 2018, is amended to read as follows: § 139-l. Statement on sexual harassment AND REPORTS ON SEXUAL HARASS- MENT, in bids. 1. (a) Every bid hereafter made to the state or any public department or agency thereof, where competitive bidding is required by statute, rule or regulation, for work or services performed or to be performed or goods sold or to be sold, shall contain the following statement subscribed by the bidder and affirmed by such bidder as true under the penalty of perjury: "By submission of this bid, each bidder and each person signing on behalf of any bidder certifies, and in the case of a joint bid each party thereto certifies as to its own organization, under penalty of perjury, that the bidder has and has implemented a written policy addressing sexual harassment prevention in the workplace and provides annual sexual harassment prevention training to all of its employees. Such policy shall, at a minimum, meet the requirements of section two hundred one-g of the labor law." (b) Every bid hereafter made to the state or any public department or agency thereof, where competitive bidding is not required by statute, rule or regulation, for work or services performed or to be performed or goods sold or to be sold, may contain, at the discretion of the depart- ment, agency or official, the certification required pursuant to para- graph (a) of this subdivision. 2. (A) EVERY BID HEREAFTER MADE TO THE STATE OR ANY PUBLIC DEPARTMENT OR AGENCY THEREOF, WHERE COMPETITIVE BIDDING IS REQUIRED BY STATUTE, RULE OR REGULATION, FOR WORK OR SERVICES PERFORMED OR TO BE PERFORMED OR S. 7505--A 46 A. 9505--A GOODS SOLD OR TO BE SOLD, SHALL INCLUDE A REPORT LISTING (I) THE NAME OF THE BIDDER; (II) THE TOTAL NUMBER OF ADVERSE JUDGMENTS OR ADMINISTRATIVE RULINGS ARISING FROM ALLEGATIONS OF SEXUAL HARASSMENT DURING THE PRECED- ING YEAR; (III) TOTAL NUMBER OF EMPLOYEES; (IV) WHETHER ANY EQUITABLE RELIEF WAS ORDERED AGAINST THE BIDDER IN ANY ADVERSE JUDGMENT OR ADMIN- ISTRATIVE RULING; (V) THE TOTAL NUMBER OF SETTLEMENTS, DEFINED AS ANY WRITTEN COMMITMENT OR WRITTEN AGREEMENT, INCLUDING ANY AGREED JUDGMENT, STIPULATION, DECREE, AGREEMENT TO SETTLE, ASSURANCE OF DISCONTINUANCE, OR OTHERWISE BETWEEN AN EMPLOYEE OR A NONEMPLOYEE AND A BIDDER, UNDER WHICH THE BIDDER DIRECTLY OR INDIRECTLY PROVIDES TO AN INDIVIDUAL COMPENSATION OR OTHER CONSIDERATION DUE TO AN ALLEGATION THAT THE INDI- VIDUAL HAS BEEN A VICTIM OF SEXUAL HARASSMENT, THAT HAS BEEN ENTERED INTO DURING THE PRECEDING YEAR THAT RELATE TO ANY ALLEGED ACT OF SEXUAL HARASSMENT THAT OCCURRED IN THE WORKPLACE OF THE BIDDER; AND (VI) THE TOTAL NUMBER OF SETTLEMENTS ENTERED INTO DURING THE PREVIOUS YEAR THAT RELATE TO ANY ALLEGED ACT OF SEXUAL HARASSMENT COMMITTED BY A CORPORATE EXECUTIVE WITHOUT REGARD TO WHETHER THAT BEHAVIOR OCCURRED IN THE WORK- PLACE OF THE BIDDER. THE INFORMATION REQUIRED BY THIS SUBDIVISION SHALL BE PROVIDED IN ELECTRONIC FORMAT IN SUCH FORM AS PRESCRIBED BY THE DIVI- SION OF HUMAN RIGHTS. (B) ON OR BEFORE THE FIFTEENTH OF FEBRUARY OF EACH YEAR, COPIES OF THE REPORTS REQUIRED BY PARAGRAPH (A) OF THIS SUBDIVISION RECEIVED IN THE PREVIOUS CALENDAR YEAR SHALL BE TRANSMITTED FROM THE CONTRACTING AGENCY TO THE DIVISION OF HUMAN RIGHTS AND THE OFFICE OF THE STATE COMPTROLLER. THE OFFICE OF THE STATE COMPTROLLER SHALL PREPARE AN ANNUAL REPORT SUMMARIZING SUCH DATA, WHICH SHALL BE SUBMITTED TO THE GOVERNOR, THE TEMPORARY PRESIDENT OF THE SENATE, THE SPEAKER OF THE ASSEMBLY AND THE CHAIRPERSONS OF THE SENATE FINANCE, THE ASSEMBLY WAYS AND MEANS COMMIT- TEES, THE ATTORNEY GENERAL, THE COMMISSIONER OF LABOR, AND THE COMMIS- SIONER OF THE DIVISION OF HUMAN RIGHTS BY THE THIRTY-FIRST OF JULY EACH YEAR FOLLOWING THE EFFECTIVE DATE OF THIS SECTION. SUCH REPORT SHALL INCLUDE THE NAME OF THE BIDDER; THE TOTAL NUMBER OF ADVERSE JUDGMENTS OR ADMINISTRATIVE RULINGS DURING THE PRECEDING YEAR; THE TOTAL NUMBER OF EMPLOYEES; WHETHER ANY EQUITABLE RELIEF WAS ORDERED AGAINST THE BIDDER IN ANY ADVERSE JUDGMENT OR ADMINISTRATIVE RULING; AND THE TOTAL NUMBER OF SETTLEMENTS, AS DEFINED IN SUBPARAGRAPH (V) OF PARAGRAPH (A) OF THIS SUBDIVISION, ENTERED INTO DURING THE PRECEDING YEAR. [2.] 3. Notwithstanding the foregoing, the statement required by para- graph (a) of subdivision one of this section AND THE REPORT REQUIRED BY PARAGRAPH (A) OF SUBDIVISION TWO OF THIS SECTION may be submitted elec- tronically in accordance with the provisions of subdivision seven of section one hundred sixty-three of this chapter. [3.] 4. A bid shall not be considered for award nor shall any award be made to a bidder who has not complied with [subdivision] SUBDIVISIONS one AND TWO of this section; provided, however, that if the bidder cannot make the foregoing certification, such bidder shall so state and shall furnish with the bid a signed statement which sets forth in detail the reasons therefor. [4.] 5. Any bid hereafter made to the state or any public department, agency or official thereof, by a corporate bidder for work or services performed or to be performed or goods sold or to be sold, where such bid contains the statement required by subdivision one of this section AND THE REPORT REQUIRED BY SUBDIVISION TWO OF THIS SECTION, shall be deemed to have been authorized by the board of directors of such bidder, and such authorization shall be deemed to include the signing and submission S. 7505--A 47 A. 9505--A of such bid and the inclusion therein of such statement AND SUCH REPORT as the act and deed of the corporation. § 2. This act shall take effect on the first of July next succeeding the date upon which it shall have become a law and shall apply to all contracts with the state entered into on and after such effective date. PART CC Section 1. Subdivision 3 of section 17 of the alcoholic beverage control law, as amended by section 8 of chapter 522 of the laws of 2018, 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 AS AGAINST THE HOLDER OF ANY LICENSE ISSUED PURSU- ANT TO SECTION FORTY OF THIS CHAPTER, and the sum of thirty thousand dollars as against the holder of a license issued pursuant to sections thirty, thirty-one, fifty-three, sixty-one-a, sixty-one-b, 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 consump- tion 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 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, S. 7505--A 48 A. 9505--A 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. § 2. Subdivision 3 of section 17 of the alcoholic beverage control law, as amended by section 9 of chapter 522 of the laws of 2018, 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 AS AGAINST THE HOLDER OF ANY LICENSE ISSUED PURSU- ANT TO SECTION FORTY OF THIS CHAPTER, and the sum of thirty thousand dollars as against the holder of a license issued pursuant to sections thirty, thirty-one, fifty-three, sixty-one-a, sixty-one-b, 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 consump- tion 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 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 S. 7505--A 49 A. 9505--A 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. § 3. The alcoholic beverage control law is amended by adding a new article 3-A to read as follows: ARTICLE 3-A MISCELLANEOUS LICENSES SECTION 40. HIGHER EDUCATION INSTITUTION LICENSE. § 40. HIGHER EDUCATION INSTITUTION LICENSE. 1. ANY COLLEGE OR UNIVER- SITY ACCREDITED BY THE BOARD OF REGENTS OF THE NEW YORK STATE EDUCATION DEPARTMENT MAY APPLY TO THE LIQUOR AUTHORITY FOR A HIGHER EDUCATION INSTITUTION LICENSE AS PROVIDED FOR IN THIS SECTION. SUCH APPLICATION SHALL BE IN WRITING AND SHALL CONTAIN SUCH INFORMATION AS THE LIQUOR AUTHORITY SHALL REQUIRE. SUCH APPLICATION SHALL BE ACCOMPANIED BY A CHECK OR DRAFT FOR THE AMOUNT REQUIRED BY THIS SUBDIVISION FOR SUCH LICENSE. IF THE LIQUOR AUTHORITY SHALL APPROVE THE APPLICATION IT SHALL ISSUE A LICENSE IN SUCH FORM AS SHALL BE DETERMINED BY ITS RULES. THE ANNUAL FEE FOR A HIGHER EDUCATION INSTITUTION LICENSE SHALL BE TWO THOU- SAND DOLLARS. 2. A LICENSEE UNDER THIS SECTION SHALL HAVE THE FOLLOWING PRIVILEGES: (A) TO OPERATE A MANUFACTURING FACILITY OR FACILITIES AT THE LICENSED PREMISES FOR THE PRODUCTION OF MEAD, BEER, CIDER, LIQUOR, AND WINE; THE LICENSEE MAY: (I) SELL IN BULK SUCH ALCOHOLIC BEVERAGES TO ANY PERSON LICENSED UNDER THIS CHAPTER TO MANUFACTURE THE CLASS OF ALCOHOLIC BEVER- AGE TO BE PURCHASED, OR TO A PERMITTEE ENGAGED IN THE MANUFACTURE OF PRODUCTS WHICH ARE UNFIT FOR BEVERAGE USE; (II) SELL OR DELIVER SUCH ALCOHOLIC BEVERAGES TO PERSONS OUTSIDE THE STATE PURSUANT TO THE LAWS OF THE PLACE OF SUCH DELIVERY; (B) TO SELL TO MANUFACTURERS, WHOLESALERS, AND RETAILERS LICENSED OR PERMITTED IN THIS STATE ANY ALCOHOLIC BEVERAGE MANUFACTURED BY THE LICENSEE WHICH THAT MANUFACTURER, WHOLESALER OR RETAILER MAY SELL. ALL SUCH ALCOHOLIC BEVERAGES SOLD BY THE LICENSEE MUST BE SECURELY SEALED IN A CONTAINER AND HAVE ATTACHED THERETO A LABEL AS SHALL BE REQUIRED BY SECTION ONE HUNDRED SEVEN-A OF THIS CHAPTER; (C) (I) (A) TO SELL AT RETAIL FOR ON AND OFF PREMISES CONSUMPTION ANY ALCOHOLIC BEVERAGE MANUFACTURED BY THE LICENSEE AND ANY NEW YORK STATE LABELED ALCOHOLIC BEVERAGE PROVIDED THAT FOR ON-PREMISES CONSUMPTION THE LICENSEE REGULARLY KEEPS FOOD AVAILABLE SUCH AS SANDWICHES, SOUPS AND OTHER SUCH FOODS, WHETHER FRESH, PROCESSED, PRE-COOKED OR FROZEN, AND/OR 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. (B) SALES MADE UNDER CLAUSE (A) FOR OFF-PREMISES CONSUMPTION MAY BE MADE ONLY TO S. 7505--A 50 A. 9505--A CUSTOMERS WHO ARE PHYSICALLY PRESENT UPON THE LICENSED PREMISES AND SUCH SALE SHALL BE CONCLUDED BY THE CUSTOMER'S TAKING, WITH HIM OR HER, OF THE SEALED CONTAINERS PURCHASED BY SUCH CUSTOMER AT THE TIME THE CUSTOM- ER LEAVES THE LICENSED PREMISES. SUCH SALES SHALL NOT BE MADE WHERE THE ORDER IS PLACED BY LETTER, TELEPHONE, FAX, OR EMAIL, OR WHERE THE CUSTOMER OTHERWISE DOES NOT PLACE THE ORDER WHILE THE CUSTOMER IS PHYS- ICALLY PRESENT UPON THE LICENSED PREMISES; (II) TO OPERATE A RESTAURANT, HOTEL, CATERING ESTABLISHMENT, OR OTHER FOOD AND DRINKING ESTABLISHMENT AT THE LICENSED PREMISES AND SELL AT SUCH PLACE, AT RETAIL FOR CONSUMP- TION ON THE PREMISES, ANY ALCOHOLIC BEVERAGE MANUFACTURED BY THE LICEN- SEE AND ANY NEW YORK STATE LABELED ALCOHOLIC BEVERAGE; (III) TO APPLY TO THE AUTHORITY FOR A LICENSE UNDER THIS CHAPTER TO SELL OTHER ALCOHOLIC BEVERAGES AT RETAIL FOR CONSUMPTION AT THE LICENSED PREMISES. ALL OF THE PROVISIONS OF THIS CHAPTER RELATIVE TO LICENSES TO SELL BEER, LIQUOR OR WINE AT RETAIL FOR CONSUMPTION ON THE PREMISES SHALL APPLY AS FAR AS APPLICABLE; (IV) TO SELL ALCOHOLIC BEVERAGES MANUFACTURED BY THE LICEN- SEE AT THE STATE FAIR, RECOGNIZED COUNTY FAIRS AND AT FARMERS MARKETS OPERATED ON A NOT-FOR-PROFIT BASIS; (V) TO SELL ALCOHOLIC BEVERAGES PRODUCED BY THE LICENSEE IN BULK BY THE KEG, CASK, OR BARREL FOR CONSUMPTION AND NOT FOR RESALE AT A CLAM-BAKE, BARBEQUE, PICNIC OR SIMI- LAR OUTDOOR GATHERING; (D) TO MANUFACTURE, BOTTLE AND SELL FOOD CONDIMENTS AND PRODUCTS SUCH AS HONEY, MUSTARDS, SAUCES, JAMS, JELLIES, MULLING SPICES AND OTHER ALCOHOLIC BEVERAGE RELATED FOODS IN ADDITION TO OTHER SUCH FOOD AND CRAFTS ON AND FROM THE LICENSED PREMISES. SUCH LICENSE SHALL AUTHORIZE THE HOLDER THEREOF TO STORE AND SELL GIFT ITEMS IN A TAX-PAID ROOM UPON THE LICENSED PREMISES INCIDENTAL TO THE SALE OF ALCOHOLIC BEVERAGES. THESE GIFT ITEMS SHALL BE LIMITED TO THE FOLLOWING CATEGORIES: (I) NON- ALCOHOLIC BEVERAGES 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 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. SUCH FOOD ITEMS SHALL INCLUDE BUT NEED NOT BE LIMITED TO: CHEESES, FRUITS, VEGETABLES, CHOCOLATES, BREADS, BAKED GOODS, MUSTARDS AND CRACKERS; (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. SUCH FOOD ITEMS MAY BE COMBINED INTO A PACKAGE CONTAINING ALCOHOLIC BEVERAGES; (IV) ALCOHOLIC BEVERAGE SUPPLIES AND ACCESSORIES, WHICH SHALL INCLUDE ANY ITEM UTILIZED FOR THE STORAGE, SERVING OR CONSUMPTION OF ALCOHOLIC BEVERAGES OR FOR DECORATIVE PURPOSES. THESE SUPPLIES MAY BE SOLD AS SINGLE ITEMS OR MAY BE COMBINED INTO A PACKAGE CONTAINING ALCOHOLIC BEVERAGES; (V) ALCOHOLIC BEVERAGE EQUIPMENT AND SUPPLIES INCLUDING, BUT NOT LIMITED TO: HONEY, HOME ALCO- HOLIC BEVERAGE-MAKING KITS, PUMPS, FILTERS, YEASTS, CHEMICALS AND OTHER ALCOHOLIC BEVERAGE ADDITIVES, BOTTLING EQUIPMENT, BOTTLES, ALCOHOLIC BEVERAGE STORAGE AND FERMENTING VESSELS, BARRELS, AND BOOKS OR OTHER WRITTEN MATERIAL TO ASSIST ALCOHOLIC BEVERAGE MAKERS TO PRODUCE AND BOTTLE ALCOHOLIC BEVERAGES; AND (VI) SOUVENIR ITEMS, WHICH SHALL INCLUDE, BUT NEED 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. (E) TO ENGAGE IN ANY OTHER BUSINESS ON THE LICENSED PREMISES AS IS COMPATIBLE WITH THE MISSION OF A COLLEGE AND UNIVERSITY AND COMPATIBLE WITH THE POLICY AND PURPOSES OF THIS CHAPTER IN CONSIDERATION OF THE S. 7505--A 51 A. 9505--A EFFECT OF THE PARTICULAR BUSINESSES ON THE COMMUNITY AND AREA IN THE VICINITY OF THE LICENSED PREMISES. (F) NOTWITHSTANDING ANY CONTRARY PROVISION OF LAW OR OF ANY RULE OR REGULATION PROMULGATED PURSUANT THERETO, AND IN ADDITION TO THE ACTIV- ITIES WHICH MAY OTHERWISE BE CARRIED OUT BY ANY PERSON LICENSED UNDER THIS SECTION, SUCH PERSON MAY, ON THE PREMISES DESIGNATED IN SUCH LICENSE: (I) PRODUCE, PACKAGE, BOTTLE, SELL AND DELIVER SOFT DRINKS AND OTHER NON-ALCOHOLIC BEVERAGES; (II) RECOVER CARBON DIOXIDE AND YEAST; (III) STORE BOTTLES, PACKAGES AND SUPPLIES NECESSARY OR INCIDENTAL TO ALL SUCH OPERATIONS; (IV) PACKAGE, BOTTLE, SELL AND DELIVER WINE PRODUCTS; (V) ALLOW FOR THE PREMISES INCLUDING SPACE AND EQUIPMENT TO BE RENTED BY A LICENSED TENANT ALCOHOLIC BEVERAGE PRODUCER FOR THE PURPOSES OF ALTERNATION. (G) THE AUTHORITY IS HEREBY AUTHORIZED TO PROMULGATE RULES AND REGU- LATIONS TO EFFECTUATE THE PROVISIONS OF THIS SECTION. IN PRESCRIBING SUCH RULES AND REGULATIONS, THE AUTHORITY SHALL PROMOTE THE EXPANSION AND PROFITABILITY OF ALCOHOLIC BEVERAGE PRODUCTION AND OF TOURISM IN NEW YORK, THEREBY PROMOTING THE CONSERVATION, PRODUCTION AND ENHANCEMENT OF NEW YORK SATE AGRICULTURAL LANDS. 3.(A) ANY ACTIVITIES AUTHORIZED UNDER THIS SECTION AND CARRIED OUT BY AN ENTITY LICENSED PURSUANT TO THIS SECTION SHALL NOT BE VIOLATIVE OF SUBDIVISION ONE OF SECTION ONE HUNDRED ONE, SUBDIVISION SIXTEEN OF SECTION ONE HUNDRED FIVE, OR SUBDIVISION THIRTEEN OF SECTION ONE HUNDRED SIX OF THIS CHAPTER PROVIDED SUCH ENTITY HAS NO INTERESTS DIRECT OR INDIRECT IN THE MANUFACTURE, WHOLESALE, OR RETAIL OF ALCOHOLIC BEVERAGES OTHER THAN AT THE LICENSED PREMISES. (B) PROVIDED HOWEVER THAT IF THE LICENSED ENTITY HAS AN INTEREST IN THE MANUFACTURE OR WHOLESALE OR ALCOHOLIC BEVERAGES AT ANOTHER LOCATION, SUCH INTEREST SHALL BE PERMISSIBLE WHERE: (I) THE INTEREST IS TOTAL OWNERSHIP, OR (II) WHERE THE INTEREST IS LESS THAN TOTAL OWNERSHIP, AND (A) THE MANUFACTURER OR WHOLESALER DOES NOT, DIRECTLY OR INDIRECTLY, EXERCISE CONTROL OVER OR PARTICIPATE IN MANAGEMENT OF THE RETAIL BUSI- NESS OF THE LICENSED ENTITY; (B) THE INTEREST DOES NOT RESULT IN THE RETAIL BUSINESS OF THE LICENSED ENTITY PURCHASING ALCOHOLIC BEVERAGES FROM THE MANUFACTURER OR WHOLESALER TO THE EXCLUSION, IN WHOLE OR PART, OF ALCOHOLIC BEVERAGES OFFERED FOR SALE BY OTHER PERSONS; (C) THE PRODUCTS AND SERVICES OF THE MANUFACTURER OR WHOLESALER ARE NOT OFFERED DISCRIMINATORILY IN THAT THEY ARE OFFERED TO ALL RETAILERS IN THE LOCAL MARKET ON THE SAME TERMS; AND (D) THE RETAIL BUSINESS OF THE LICENSED ENTITY PURCHASES ALCOHOLIC BEVERAGES FROM A WHOLESALER LICENSED UNDER THIS CHAPTER WITHOUT AN INTEREST IN THE RETAIL BUSINESS OF SUCH LICENSED ENTITY WHEN PURCHASING ALCOHOLIC BEVERAGES NOT MANUFACTURED BY THE LICENSEE. (C) PROVIDED FURTHER THAT IF THE LICENSED ENTITY HAS AN INTEREST IN RETAIL SALE OF ALCOHOLIC BEVERAGES AT ANOTHER LOCATION, SUCH INTEREST SHALL BE PERMISSIBLE WHERE: (I) THE INTEREST IS TOTAL OWNERSHIP, OR (II) WHERE THE INTEREST IS LESS THAN TOTAL OWNERSHIP, AND (A) THE RETAILER DOES NOT, DIRECTLY OR INDIRECTLY, EXERCISE CONTROL OVER OR PARTICIPATE IN MANAGEMENT OF THE MANUFACTURING OR WHOLESALING BUSINESS OF THE LICENSED ENTITY; (B) THE INTEREST DOES NOT RESULT IN THE RETAIL BUSINESS OF THE LICENSED ENTITY PURCHASING ALCOHOLIC BEVERAGES FROM THE MANUFAC- TURER OR WHOLESALER TO THE EXCLUSION, IN WHOLE OR IN PART, OF ALCOHOLIC BEVERAGES OFFERED FOR SALE BY OTHER PERSONS; (C) THE RETAIL BUSINESS PURCHASES ALCOHOLIC BEVERAGES FROM A WHOLESALER LICENSED UNDER THIS CHAPTER WITHOUT AN INTEREST IN THE RETAIL BUSINESS WHEN PURCHASING ALCO- HOLIC BEVERAGES NOT MANUFACTURES BY THE LICENSEE. S. 7505--A 52 A. 9505--A § 4. Subdivision 1 of section 56-a of the alcoholic beverage control law, as amended by chapter 522 of the laws of 2018, is 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 thirty, thirty-one, FORTY, 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 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 calendar 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 ninety-nine-b of this chapter if such permit is to be issued on a calendar year basis, or for an additional bar pursuant to subdivi- sion 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. § 5. This act shall take effect October 1, 2020, provided that the amendments to subdivision 3 of section 17 of the alcoholic beverage control law made by section one of this act shall be subject to the expiration and reversion of such subdivision pursuant to section 4 of chapter 118 of the laws of 2012, as amended, when upon such date the provisions of section two of this act shall take effect. PART DD Section 1. Section 106 of the alcoholic beverage control law is amended by adding a new subdivision 16 to read as follows: 16. A PERSON HOLDING A RETAIL ON-PREMISES LICENSE FOR A MOVIE THEATRE GRANTED PURSUANT TO SECTION SIXTY-FOUR-A OF THIS CHAPTER SHALL: (A) FOR EVERY PURCHASE OF AN ALCOHOLIC BEVERAGE, REQUIRE THE PURCHASER TO PROVIDE WRITTEN EVIDENCE OF AGE AS SET FORTH IN PARAGRAPH (B) OF SUBDIVISION TWO OF SECTION SIXTY-FIVE-B OF THIS CHAPTER; AND (B) ALLOW THE PURCHASE OF ONLY ONE ALCOHOLIC BEVERAGE PER TRANSACTION; AND (C) ONLY PERMIT THE SALE OR DELIVERY OF ALCOHOLIC BEVERAGES DIRECTLY TO AN INDIVIDUAL HOLDING A TICKET FOR A MOTION PICTURE WITH A MOTION PICTURE ASSOCIATION OF AMERICA RATING OF "PG-13", "R", OR "NC-17"; AND (D) NOT COMMENCE THE SALE OF ALCOHOLIC BEVERAGES UNTIL ONE HOUR PRIOR TO THE START OF THE FIRST MOTION PICTURE AND CEASE ALL SALES OF ALCOHOL- IC BEVERAGES AFTER THE CONCLUSION OF THE FINAL MOTION PICTURE. § 2. Subdivision 6 of section 64-a of the alcoholic beverage control law, as amended by chapter 475 of the laws of 2011, is amended to read as follows: S. 7505--A 53 A. 9505--A 6. No special on-premises license shall be granted except for premises in which the principal business shall be (a) the sale of food or bever- ages at retail for consumption on the premises or (b) the operation of a legitimate theatre, INCLUDING A MOTION PICTURE THEATRE THAT IS A BUILD- ING OR FACILITY WHICH IS REGULARLY USED AND KEPT OPEN PRIMARILY FOR THE EXHIBITION OF MOTION PICTURES FOR AT LEAST FIVE OUT OF SEVEN DAYS A WEEK, OR ON A REGULAR SEASONAL BASIS OF NO LESS THAN SIX CONTIGUOUS WEEKS, TO THE GENERAL PUBLIC WHERE ALL AUDITORIUM SEATING IS PERMANENTLY AFFIXED TO THE FLOOR AND AT LEAST SIXTY-FIVE PERCENT OF THE MOTION PICTURE THEATRE'S ANNUAL GROSS REVENUES IS THE COMBINED RESULT OF ADMIS- SION REVENUE FOR THE SHOWING OF MOTION PICTURES AND THE SALE OF FOOD AND NON-ALCOHOLIC BEVERAGES, or such other lawful adult entertainment or recreational facility as the liquor authority, giving due regard to the convenience of the public and the strict avoidance of sales prohibited by this chapter, shall by regulation classify for eligibility. [Nothing contained in this subdivision shall be deemed to authorize the issuance of a license to a motion picture theatre, except those meeting the defi- nition of restaurant and meals, and where all seating is at tables where meals are served.] § 3. Subdivision 8 of section 64-a of the alcoholic beverage control law, as added by chapter 531 of the laws of 1964, is amended to read as follows: 8. Every special on-premises licensee shall regularly keep food avail- able for sale to its customers for consumption on the premises. The availability of sandwiches, soups or other foods, whether fresh, proc- essed, pre-cooked or frozen, shall be deemed compliance with this requirement. FOR MOTION PICTURE THEATRES LICENSED UNDER PARAGRAPH (B) OF SUBDIVISION SIX OF THIS SECTION, FOOD THAT IS TYPICALLY FOUND IN A MOTION PICTURE THEATRE, INCLUDING BUT NOT LIMITED TO: POPCORN, CANDY, AND LIGHT SNACKS, SHALL BE DEEMED TO BE IN COMPLIANCE WITH THIS REQUIRE- MENT. The licensed premises shall comply at all times with all the regu- lations of the local department of health. Nothing contained in this subdivision, however, shall be construed to require that any food be sold or purchased with any liquor, nor shall any rule, regulation or standard be promulgated or enforced requiring that the sale of food be substantial or that the receipts of the business other than from the sale of liquor equal any set percentage of total receipts from sales made therein. § 4. Subdivision 9 of section 64-a of the alcoholic beverage control law is renumbered subdivision 10 and a new subdivision 9 is added to read as follows: 9. IN THE CASE OF A MOTION PICTURE THEATRE APPLYING FOR A LICENSE UNDER THIS SECTION, ANY MUNICIPALITY REQUIRED TO BE NOTIFIED UNDER SECTION ONE HUNDRED TEN-B OF THIS CHAPTER MAY EXPRESS AN OPINION WITH RESPECT TO WHETHER THE APPLICATION SHOULD BE APPROVED, AND SUCH OPINION MAY BE CONSIDERED IN DETERMINING WHETHER GOOD CAUSE EXISTS TO DENY ANY SUCH APPLICATION. § 5. This act shall take effect immediately. PART EE Section 1. Subdivision 1 of section 101 of the alcoholic beverage control law is amended by adding a new paragraph (a-1) to read as follows: (A-1) NOTWITHSTANDING THE PROVISIONS OF PARAGRAPH (A) OF THIS SUBDIVI- SION, IT SHALL BE LAWFUL FOR A MANUFACTURER OR WHOLESALER TO HOLD, S. 7505--A 54 A. 9505--A DIRECTLY OR INDIRECTLY, AN INTEREST IN A PREMISES LICENSED UNDER THIS CHAPTER WHERE ALCOHOLIC BEVERAGES ARE SOLD AT RETAIL, PROVIDED THAT: (I) THE MANUFACTURER OR WHOLESALER DOES NOT, DIRECTLY OR INDIRECTLY, EXERCISE CONTROL OVER OR PARTICIPATE IN THE MANAGEMENT OF THE RETAILER'S BUSINESS OR BUSINESS DECISIONS; (II) THE INTEREST DOES NOT RESULT IN THE RETAILER PURCHASING ALCOHOLIC BEVERAGES FROM THE MANUFACTURER OR WHOLESALER TO THE EXCLUSION, IN WHOLE OR IN PART, OF ALCOHOLIC BEVERAGES OFFERED FOR SALE BY OTHER PERSONS; (III) THE PRODUCTS AND SERVICES OF THE MANUFACTURER OR WHOLESALER ARE NOT OFFERED DISCRIMINATORILY IN THAT THEY ARE OFFERED TO ALL RETAILERS IN THE LOCAL MARKET ON THE SAME TERMS; AND (IV) THE RETAILER PURCHASES ALCOHOLIC BEVERAGES FROM A WHOLESALER LICENSED UNDER THIS CHAPTER WITHOUT AN INTEREST IN THE RETAILER. § 2. Subdivision 1 of section 101 of the alcoholic beverage control law is amended by adding a new paragraph (a-2) to read as follows: (A-2) THE PROVISIONS OF PARAGRAPHS (A) AND (A-1) OF THIS SUBDIVISION SHALL NOT APPLY TO A MANUFACTURER OR WHOLESALER WITH COMPLETE OWNERSHIP OF A PREMISES WHERE ALCOHOLIC BEVERAGES ARE SOLD AT RETAIL. § 3. Subdivision 1 of section 101 of the alcoholic beverage control law is amended by adding a new paragraph (c-1) to read as follows: (C-1) THE DIRECT OR INDIRECT OPERATION AND MANAGEMENT OF A RETAIL PREMISES LICENSED UNDER THIS CHAPTER BY A MANUFACTURER OR WHOLESALER WITH COMPLETE OWNERSHIP OF THE PREMISES SHALL NOT CONSTITUTE A PROHIBIT- ED GIFT OR SERVICE. § 4. Section 105 of the alcoholic beverage control law is amended by adding a new subdivision 16-a to read as follows: 16-A. NOTWITHSTANDING THE PROVISIONS OF SUBDIVISION SIXTEEN OF THIS SECTION, IT SHALL BE LAWFUL FOR A RETAIL LICENSEE FOR OFF-PREMISES CONSUMPTION TO HOLD, DIRECTLY OR INDIRECTLY, AN INTEREST IN A MANUFAC- TURER OR WHOLESALER, PROVIDED THAT: (A) THE RETAIL LICENSEE DOES NOT EXERCISE, DIRECT OR INDIRECT, CONTROL OVER OR PARTICIPATE IN THE MANAGEMENT OF THE MANUFACTURER OR WHOLE- SALER'S BUSINESS OR BUSINESS DECISIONS; (B) THE INTEREST DOES NOT RESULT IN THE RETAILER PURCHASING THE MANUFACTURER OR WHOLESALER'S ALCOHOLIC BEVERAGES TO THE EXCLUSION, IN WHOLE OR IN PART, OF ALCOHOLIC BEVERAGES OFFERED FOR SALE BY OTHER PERSONS; AND (C) THE RETAIL LICENSEE PURCHASES ITS ALCOHOLIC BEVERAGES FROM A WHOLESALER LICENSED UNDER THIS CHAPTER THAT THE RETAIL LICENSEE DOES NOT HOLD AN INTEREST IN. § 5. Section 105 of the alcoholic beverage control law is amended by adding a new subdivision 16-b to read as follows: 16-B. THE PROVISIONS OF SUBDIVISIONS SIXTEEN AND SIXTEEN-A OF THIS SECTION SHALL NOT APPLY TO A RETAIL LICENSEE FOR OFF-PREMISES CONSUMP- TION WITH COMPLETE OWNERSHIP OF A MANUFACTURER OR WHOLESALER. § 6. Section 106 of the alcoholic beverage control law is amended by adding a new subdivision 13-a to read as follows: 13-A. NOTWITHSTANDING THE PROVISIONS OF SUBDIVISION THIRTEEN OF THIS SECTION, IT SHALL BE LAWFUL FOR A RETAIL LICENSEE FOR ON-PREMISES CONSUMPTION TO HOLD, DIRECTLY OR INDIRECTLY, AN INTEREST IN A MANUFAC- TURER OR WHOLESALER LICENSED UNDER THIS CHAPTER, PROVIDED THAT: (A) THE RETAIL LICENSEE DOES NOT EXERCISE, DIRECT OR INDIRECT, CONTROL OVER OR PARTICIPATE IN THE MANAGEMENT OF THE MANUFACTURER OR WHOLE- SALER'S BUSINESS OR BUSINESS DECISIONS; (B) THE INTEREST DOES NOT RESULT IN THE RETAILER PURCHASING THE MANUFACTURER OR WHOLESALER'S ALCOHOLIC BEVERAGES TO THE EXCLUSION, IN S. 7505--A 55 A. 9505--A WHOLE OR IN PART, OF ALCOHOLIC BEVERAGES OFFERED FOR SALE BY OTHER PERSONS; AND (C) THE RETAIL LICENSEE PURCHASES ITS ALCOHOLIC BEVERAGES FROM A WHOLESALER LICENSED UNDER THIS CHAPTER THAT THE RETAIL LICENSEE DOES NOT HOLD AN INTEREST IN. § 7. Section 106 of the alcoholic beverage control law is amended by adding a new subdivision 13-b to read as follows: 13-B. THE PROVISIONS OF PARAGRAPH A OF SUBDIVISION THIRTEEN AND SUBDI- VISION THIRTEEN-A SHALL NOT APPLY TO A RETAIL LICENSEE FOR ON-PREMISES CONSUMPTION WITH COMPLETE OWNERSHIP OF A MANUFACTURER OR WHOLESALER. § 8. This act shall take effect immediately. PART FF Section 1. Paragraphs (a) and (b) of subdivision 5 of section 106 of the alcoholic beverage control law, as amended by chapter 83 of the laws of 1995, is amended, and a new paragraph (c) is added, to read as follows: (a) EXCEPT AS PROVIDED IN PARAGRAPH (C) OF THIS SUBDIVISION, ON (b) [On] EXCEPT AS PROVIDED IN PARAGRAPH (C) OF THIS SUBDIVISION ON any other day between four ante meridiem and eight ante meridiem (c) ON ANY DAY BETWEEN THREE ANTE MERIDIAN AND SIX ANTE MERIDIAN, FOR A PREMISES LOCATED WITHIN AN INTERNATIONAL AIRPORT OWNED OR OPERATED BY THE PORT AUTHORITY OF NEW YORK AND NEW JERSEY. THE PROVISIONS OF THIS PARAGRAPH SHALL NOT BE SUBJECT TO CHANGE PURSUANT TO SUBDIVISION ELEVEN OF SECTION SEVENTEEN OF THIS CHAPTER. § 2. This act shall take effect immediately. PART GG Section 1. The section heading and subdivisions 1, 2, 3 and 7 of section 87 of the workers' compensation law, the section heading and subdivision 1 as amended and subdivisions 2, 3 and 7 as added by section 20 of part GG of chapter 57 of the laws of 2013, are amended to read as follows: [Investment of surplus or reserve] INVESTMENTS. 1. Any of the reserve funds belonging to the state insurance fund, by order of the commission- ers, approved by the superintendent of financial services, may be invested in the types of [securities] INVESTMENTS described in [subdivi- sions one, two, three, four, five, six, eleven, twelve, twelve-a, thir- teen, 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 in paragraph] PARAGRAPHS ONE THROUGH FOUR OF SUBSECTION (B) OF SECTION ONE THOUSAND FOUR HUNDRED TWO OF THE INSURANCE LAW AND PARAGRAPHS ONE, two, THREE, FOUR, FIVE, SIX, SEVEN, AND ELEVEN of subsection (a) of section one thousand four hundred four of the insurance law except that A MINIMUM OF [up to] five percent of such reserve funds [may] SHALL be invested in the TYPES OF securities [of any solvent American institution as] described in [such paragraph irrespective of the rating of such insti- tution's obligations or other similar qualitative standards described therein] PARAGRAPHS ONE THROUGH FOUR OF SUBSECTION (B) OF SECTION ONE THOUSAND FOUR HUNDRED TWO OF THE INSURANCE LAW. 2. Any [of the surplus] funds belonging to the state insurance fund EXCEEDING SEVENTY PERCENT OF THE AGGREGATE OF LOSS RESERVES, LOSS EXPENSE RESERVES, AND UNEARNED PREMIUM RESERVES, by order of the commis- S. 7505--A 56 A. 9505--A sioners, approved by the superintendent of financial services, may be invested 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, twen- ty-four-a, twenty-four-b, twenty-four-c and twenty-five of section two hundred thirty-five of the banking law or, up to fifty percent of surplus funds, in the types of securities or] investments described in [paragraphs two, three, eight and ten of] PARAGRAPHS ONE THROUGH FOUR OF SUBSECTION (B) OF SECTION ONE THOUSAND FOUR HUNDRED TWO OF THE INSURANCE LAW AND 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 in the securities of any solvent American institution as described in such paragraphs irrespective of the rating of such insti- tution's obligations or other similar qualitative standards described therein,] BUT SUCH INVESTMENTS SHALL NOT BE SUBJECT TO THE QUALITATIVE STANDARDS OR QUANTITATIVE LIMITATIONS WHICH ARE SET FORTH WITH RESPECT TO ANY INVESTMENT PERMITTED BY SUCH SUBSECTION and, up to fifteen percent of [surplus] SUCH 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 instru- ment or derivative transaction except for hedging purposes. [Notwith- standing 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.] 3. Any [of the surplus or reserve] funds belonging to the state insur- ance fund, upon like approval of the superintendent of financial services, may be loaned on the pledge of any such securities. The commissioners, upon like approval of the superintendent of financial services, may also sell any of such securities or investments. 7. Notwithstanding any provision in this section, the [surplus and reserve] funds of the state insurance fund shall not be invested in any investment that has been found by the superintendent of financial services to be against public policy or in any investment prohibited by the provisions of [paragraph six of subsection (a) of section one thou- sand four hundred four of the insurance law or by the provisions of] paragraph one, two, three, four, six, SEVEN, eight, nine or ten of subsection (a) of section one thousand four hundred seven of the insur- ance law OR IN EXCESS OF ANY LIMITATION PROVIDED UNDER SECTIONS ONE THOUSAND FOUR HUNDRED EIGHT AND ONE THOUSAND FOUR HUNDRED NINE OF THE INSURANCE LAW. § 2. This act shall take effect July 1, 2020; provided, however, if this act shall become a law after such date it shall take effect imme- diately and shall be deemed to have been in full force and effect on and after July 1, 2020. PART HH S. 7505--A 57 A. 9505--A Section 1. Paragraph (a) of subdivision 5 of section 54 of the work- ers' compensation law, as amended by chapter 469 of the laws of 2017, is amended to read as follows: (a) Cancellation and termination of insurance contracts. No contract of insurance issued by an insurance carrier against liability arising under this chapter shall be cancelled within the time limited in such contract for its expiration unless notice is given as required by this section. When cancellation is due to non-payment of premiums and assess- ments, such cancellation shall not be effective until at least ten days after a notice of cancellation of such contract, on a date specified in such notice, shall be filed in the office of the chair and also served on the employer. When cancellation is due to any reason other than non- payment of premiums and assessments, such cancellation shall not be effective until at least thirty days after a notice of cancellation of such contract, on a date specified in such notice, shall be filed in the office of the chair and also served on the employer; provided, however, in either case, that if the employer has secured insurance with another insurance carrier which becomes effective prior to the expiration of the time stated in such notice, the cancellation shall be effective as of the date of such other coverage. No insurer shall refuse to renew any policy insuring against liability arising under this chapter unless at least thirty days prior to its expiration notice of intention not to renew has been filed in the office of the chair and also served on the employer. Such notice shall be served on the employer by delivering it to him, her or it or by sending it by mail, by certified or registered letter, return receipt requested, addressed to the employer at his, her or its last known place of business; provided that, if the employer be a part- nership, then such notice may be so given to any of one of the partners, and if the employer be a corporation then the notice may be given to any agent or officer of the corporation upon whom legal process may be served; and further provided that an employer may designate any person or entity at any address to receive such notice including the desig- nation of one person or entity to receive notice on behalf of multiple entities insured under one insurance policy and that service of notice at the address so designated upon the person or entity so designated by delivery or by mail, by certified or registered letter, return receipt requested, shall satisfy the notice requirement of this section. [Provided, however, the] THE right to cancellation of a policy of insur- ance in the state INSURANCE fund, HOWEVER, shall be exercised only for non-payment of premiums and assessments, OR FAILURE BY THE EMPLOYER TO COOPERATE WITH A PAYROLL AUDIT, or as provided in section ninety-four of this chapter. THE STATE INSURANCE FUND MAY CANCEL A POLICY FOR THE EMPLOYER'S FAILURE TO COOPERATE WITH A PAYROLL AUDIT IF THE EMPLOYER FAILS (I) EITHER TO MAKE OR KEEP AN APPOINTMENT DURING REGULAR BUSINESS HOURS WITH A PAYROLL AUDITOR, AFTER THE STATE INSURANCE FUND HAS MADE AT LEAST TWO ATTEMPTS TO ARRANGE AN APPOINTMENT INCLUDING CONTACTING THE EMPLOYER'S BROKER OR ACCOUNTANT, IF ANY, OR (II) TO FURNISH BUSINESS RECORDS IN THE COURSE OF A PAYROLL AUDIT AS REQUIRED PURSUANT TO SECTIONS NINETY-FIVE AND ONE HUNDRED THIRTY-ONE OF THIS CHAPTER. AT LEAST FIFTEEN DAYS IN ADVANCE OF SENDING A NOTICE OF CANCELLATION FOR FAILURE TO COOPERATE WITH A PAYROLL AUDIT, THE STATE INSURANCE FUND SHALL SEND A WARNING NOTICE TO THE EMPLOYER IN THE SAME MANNER AS PROVIDED IN THIS SUBDIVISION FOR SERVING A NOTICE OF CANCELLATION. SUCH NOTICE SHALL SPECIFY A MEANS OF CONTACTING THE STATE INSURANCE FUND TO SET UP AN AUDIT APPOINTMENT. THE STATE INSURANCE FUND WILL BE REQUIRED S. 7505--A 58 A. 9505--A TO PROVIDE ONLY ONE SUCH WARNING NOTICE TO AN EMPLOYER RELATED TO ANY PARTICULAR PAYROLL AUDIT PRIOR TO CANCELLATION. The provisions of this subdivision shall not apply with respect to policies containing coverage pursuant to subsection (j) of section three thousand four hundred twenty of the insurance law relating to every policy providing comprehensive personal liability insurance on a one, two, three or four family owner-occupied dwelling. In the event such cancellation or termination notice is not filed with the chair within the required time period, the chair shall impose a penalty in the amount of up to five hundred dollars for each ten-day period the insurance carrier or state insurance fund failed to file the notification. All penalties collected pursuant to this subdivision shall be deposited in the uninsured employers' fund. § 2. Section 93 of the workers' compensation law, as amended by section 24 of part GG of chapter 57 of the laws of 2013, is amended to read as follows: § 93. Collection of premium in case of default. a. If a policyholder shall default in any payment required to be made by [him] SUCH POLICY- HOLDER to the state insurance fund OR SHALL FAIL TO COOPERATE WITH A PAYROLL AUDIT AS SPECIFIED IN SUBDIVISION FIVE OF SECTION FIFTY-FOUR OF THIS CHAPTER, after due notice, [his] SUCH POLICYHOLDER'S insurance in the state INSURANCE fund may be cancelled and the amount due from [him] SUCH POLICYHOLDER shall be collected by civil action brought against [him] SUCH POLICYHOLDER in any county wherein the state insurance fund maintains an office in the name of the commissioners of the state insur- ance fund and the same, when collected, shall be paid into the state insurance fund, and such policyholder's compliance with the provisions of this chapter requiring payments to be made to the state insurance fund shall date from the time of the payment of said money to the state insurance fund. b. An employer, whose policy of insurance has been cancelled by the state insurance fund for non-payment of premium and assessments, OR FOR FAILURE TO COOPERATE WITH A PAYROLL AUDIT, or [withdraws] CANCELLED pursuant to section ninety-four of this article, is ineligible to contract for a subsequent policy of insurance with the state insurance fund [while] UNTIL THE STATE INSURANCE FUND RECEIVES FULL COOPERATION FROM SUCH EMPLOYER IN COMPLETING ANY PAYROLL AUDIT ON THE CANCELLED POLICY AND the billed premium on the cancelled policy [remains uncol- lected] IS PAID, INCLUDING ANY ADDITIONAL AMOUNTS BILLED FOLLOWING THE COMPLETION OF ANY PAYROLL AUDIT. c. The state insurance fund shall not be required to write a policy of insurance for any employer which is owned or controlled or the majority interest of which is owned or controlled, directly or indirectly, by any person who directly or indirectly owns or controls or owned or controlled at the time of cancellation an employer whose former policy of insurance with the state insurance fund was cancelled for non-payment of premium and assessments, OR FOR FAILURE TO COOPERATE WITH A PAYROLL AUDIT, or [withdraws] CANCELLED pursuant to section ninety-four of this article, or who is or was at the time of cancellation the president, vice-president, secretary or treasurer of such an employer until THE STATE INSURANCE FUND RECEIVES FULL COOPERATION FROM SUCH EMPLOYER IN COMPLETING ANY PAYROLL AUDIT AND the billed premium on the cancelled policy is paid, INCLUDING ANY ADDITIONAL AMOUNTS BILLED FOLLOWING THE COMPLETION OF ANY PAYROLL AUDIT. For purposes of this subdivision, "person" [shall include individuals, partnerships, corporations, and other associations] MEANS ANY INDIVID- S. 7505--A 59 A. 9505--A UAL, FIRM, COMPANY, PARTNERSHIP, CORPORATION, LIMITED LIABILITY COMPANY, JOINT VENTURE, JOINT-STOCK ASSOCIATION, ASSOCIATION, TRUST OR ANY OTHER LEGAL ENTITY WHATSOEVER. § 3. Section 95 of the workers' compensation law, as amended by chap- ter 135 of the laws of 1998, is amended to read as follows: § 95. Record and audit of payrolls. (1) Every employer who is insured in the state insurance fund shall keep a true and accurate record of the number of [his] ITS employees, THE CLASSIFICATION OF ITS EMPLOYEES, INFORMATION REGARDING EMPLOYEE ACCIDENTS and the wages paid by [him] SUCH EMPLOYER, AS WELL AS SUCH RECORDS RELATING TO ANY PERSON PERFORMING SERVICES UNDER A SUBCONTRACT WITH SUCH EMPLOYER WHO IS NOT COVERED UNDER THE SUBCONTRACTOR'S OWN WORKERS' COMPENSATION INSURANCE POLICY, and shall furnish, upon demand, a sworn statement of the same. Such record AND ANY OTHER RECORDS OF AN EMPLOYER CONTAINING SUCH INFORMATION PERTAINING TO ANY POLICY PERIOD INCLUDING, BUT NOT LIMITED TO, ANY PAYROLL BOOK, PAYROLL AND DISTRIBUTION RECORDS, CASH BOOK, CHECK BOOK, BANK ACCOUNT STATEMENTS, COMMISSION RECORDS, LEDGERS, JOURNALS, REGIS- TERS, VOUCHERS, CONTRACTS, TAX RETURNS AND REPORTS, AND COMPUTER PROGRAMS FOR RETRIEVING DATA, CERTIFICATES OF INSURANCE PERTAINING TO SUBCONTRACTORS AND ANY OTHER BUSINESS RECORDS SPECIFIED BY THE RULES OF THE BOARD shall be open to inspection BY THE STATE INSURANCE FUND at any time and as often as may be necessary to verify the number of employees [and], the amount of the payroll, THE CLASSIFICATION OF EMPLOYEES AND INFORMATION REGARDING EMPLOYEE ACCIDENTS. Any employer who shall fail to keep [such] ANY record REQUIRED BY THIS SECTION, who shall willfully fail to furnish such record or who shall willfully falsify any such record[,] shall be guilty of a misdemeanor AND SUBJECT TO ANY PENALTIES OTHERWISE PROVIDED BY LAW. (2) Employers subject to [subdivision] SUBSECTION (e) of section two thousand three hundred four of the insurance law and subdivision two of section eighty-nine of this article shall keep a true and accurate record of hours worked for all construction classification employees. The willful failure to keep such record, or the knowing falsification of any such record, may be prosecuted as insurance fraud in accordance with the provisions of section 176.05 of the penal law. § 4. Subdivision 1 of section 131 of the workers' compensation law, as amended by chapter 6 of the laws of 2007, is amended to read as follows: (1) Every employer subject to the provisions of this chapter shall keep a true and accurate record of the number of [his or her] ITS employees, the classification of ITS employees, information regarding employee accidents and the wages paid by [him or her] SUCH EMPLOYER for a period of four years after each entry therein, [which] AS WELL AS SUCH RECORDS RELATING TO ANY PERSON PERFORMING SERVICES UNDER A SUBCONTRACT OF SUCH EMPLOYER THAT IS NOT COVERED UNDER THE SUBCONTRACTOR'S OWN WORK- ERS' COMPENSATION INSURANCE POLICY. SUCH records shall be open to inspection at any time, and as often as may be necessary to verify the same by investigators of the board, by the authorized auditors, account- ants or inspectors of the carrier with whom the employer is insured, or by the authorized auditors, accountants or inspectors of any workers' compensation insurance rating board or bureau operating under the authority of the insurance law and of which board or bureau such carrier is a member or the group trust of which the employer is a member. Any and all records required by law to be kept by such employer upon which the employer makes or files a return concerning wages paid to employees AND ANY OTHER RECORDS OF AN EMPLOYER CONTAINING SUCH INFORMATION PERTAINING TO ANY POLICY PERIOD INCLUDING, BUT NOT LIMITED TO, ANY S. 7505--A 60 A. 9505--A PAYROLL BOOK, PAYROLL AND DISTRIBUTION RECORDS, CASH BOOK, CHECK BOOK, BANK ACCOUNT STATEMENTS, COMMISSION RECORDS, LEDGERS, JOURNALS, REGIS- TERS, VOUCHERS, CONTRACTS, TAX RETURNS AND REPORTS, AND COMPUTER PROGRAMS FOR RETRIEVING DATA, CERTIFICATES OF INSURANCE PERTAINING TO SUBCONTRACTORS AND ANY OTHER BUSINESS RECORDS SPECIFIED BY THE RULES OF THE BOARD shall form part of the records described in this section and shall be open to inspection in the same manner as provided in this section. Any employer who shall fail to keep such records, who shall willfully fail to furnish such record as required in this section or who shall falsify any such records, shall be guilty of a misdemeanor and subject to a fine of not less than five nor more than ten thousand dollars in addition to any other penalties otherwise provided by law, except that any such employer that has previously been subject to crimi- nal penalties under this section within the prior ten years shall be guilty of a class E felony, and subject to a fine of not less than ten nor more than twenty-five thousand dollars in addition to any penalties otherwise provided by law. § 5. This act shall take effect July 1, 2020. PART II Section 1. Section 76 of the workers' compensation law is amended by adding a new subdivision 1-a to read as follows: 1-A. A. THE PURPOSES OF THE STATE INSURANCE FUND ARE HEREBY ENLARGED TO PERMIT IT TO ENTER AGREEMENTS WITH INSURERS LICENSED TO WRITE WORK- ERS' COMPENSATION INSURANCE IN STATES OUTSIDE NEW YORK TO ISSUE POLICIES TO STATE INSURANCE FUND POLICYHOLDERS COVERING THOSE POLICYHOLDERS' OBLIGATIONS TO SECURE THE PAYMENT OF WORKERS' COMPENSATION BENEFITS UNDER THE LAWS OF STATES OTHER THAN NEW YORK. THE STATE INSURANCE FUND SHALL ALSO BE AUTHORIZED TO RECEIVE PREMIUMS INTO ITS WORKERS' COMPEN- SATION FUND FOR POLICIES WRITTEN UNDER SUCH AGREEMENTS AND TO PAY FROM SUCH FUND: (I) REIMBURSEMENT OF ALL LOSSES AND LOSS ADJUSTMENT EXPENSES PAID BY A LICENSED INSURER UNDER SUCH POLICIES; AND (II) FEES TO SUCH A LICENSED INSURER FOR ADMINISTERING CLAIMS AND POLICIES COVERED BY SUCH AGREEMENTS. B. FOR A POLICYHOLDER TO BE ELIGIBLE FOR INSURANCE IN STATES OTHER THAN NEW YORK PROVIDED THROUGH AGREEMENTS ENTERED UNDER THIS SUBDIVI- SION, EITHER: (I) THE POLICYHOLDER'S WORKERS' COMPENSATION PREMIUMS WITH THE STATE INSURANCE FUND COVERING ITS EMPLOYEES UNDER THIS CHAPTER MUST BE GREATER THAN THE PREMIUMS CHARGED TO COVER THE POLICYHOLDER'S OBLI- GATIONS TO PAY WORKERS' COMPENSATION BENEFITS IN ALL STATES, IN THE AGGREGATE, OTHER THAN NEW YORK; OR (II) THE PAYROLL FOR THE POLICYHOLDER'S OPERATIONS IN NEW YORK MUST BE GREATER THAN THE POLICYHOLDER'S PAYROLL IN ALL STATES, IN THE AGGREGATE, OTHER THAN NEW YORK FOR THE PRIOR POLICY PERIOD. FOR DETERMINING ELIGIBILITY, "PREMI- UMS" MEAN ESTIMATED PREMIUMS AS DETERMINED BY THE STATE INSURANCE FUND AT THE BEGINNING OF THE POLICY PERIOD. IN ADDITION, FOR A POLICYHOLDER TO BE ELIGIBLE FOR INSURANCE IN STATES OTHER THAN NEW YORK THROUGH THE STATE INSURANCE FUND, THE POLICYHOLDER MUST MEET THE STATE INSURANCE FUND'S UNDERWRITING CRITERIA FOR OTHER STATES COVERAGE AS SPECIFIED BY RULES OF THE COMMISSIONERS. § 2. This act shall take effect immediately. PART JJ S. 7505--A 61 A. 9505--A Section 1. Section 9-211 of the election law is amended by adding a new subdivision 6 to read as follows: 6. (A) NOTWITHSTANDING ANY OTHER PROVISION OF LAW, WITHIN FIFTEEN DAYS AFTER EACH GENERAL, SPECIAL OR PRIMARY ELECTION CONDUCTED BY THE BOARD OF ELECTIONS, THE BOARD OF ELECTIONS OR A BIPARTISAN COMMITTEE APPOINTED BY SUCH BOARD SHALL CONDUCT A COMPLETE AUDIT OF THE VOTER VERIFIABLE AUDIT RECORDS OF EVERY VOTING MACHINE OR SYSTEM WITHIN THE JURISDICTION OF SUCH BOARD IN THE FOLLOWING CIRCUMSTANCES: (I) IN A STATE-WIDE ELECTION WHERE A 0.2% MARGIN OF VICTORY EXISTS. (II) IN ANY PUBLIC ELECTION THAT IS NOT A STATE-WIDE ELECTION WHERE A 0.5% MARGIN OF VICTORY EXISTS. (B) FOR THE PURPOSES OF THIS SECTION, MARGIN OF VICTORY SHALL MEAN THE MARGIN OF VICTORY FOR ALL VOTES CAST IN THE ENTIRE ELECTION FOLLOWING THE INITIAL CANVASS OF VOTES. (C) AUDITS UNDER THIS SECTION SHALL BE PERFORMED MANUALLY. § 2. 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 election held 120 days or more after such effective date. PART KK Section 1. Section 54-l of the state finance law, as added by section 1 of part J of chapter 57 of 2011, paragraph b of subdivision 2 as amended by section 1 of part X of chapter 55 of the laws of 2014 and subdivision 5 as added by section 5 of part S of chapter 39 of the laws of 2019, is amended to read as follows: § 54-l. State assistance to eligible cities [and eligible munici- palities] in which a video lottery gaming facility is located. 1. Defi- nitions. When used in this section, unless otherwise expressly stated: [a.] "Eligible city" shall mean a city with a population equal to or greater than one hundred twenty-five thousand and less than one million in which a video lottery gaming facility is located and operating as of January first, two thousand nine pursuant to section sixteen hundred seventeen-a of the tax law. [b. "Eligible municipality" shall mean a county, city, town or village in which a video lottery gaming facility is located pursuant to section sixteen hundred seventeen-a of the tax law that is not located in a city with a population equal to or greater than one hundred twenty-five thou- sand.] 2. [a.] Within the amount appropriated therefor, an eligible city shall receive an amount equal to the state aid payment received in the state fiscal year commencing April first, two thousand eight from an appropriation for aid to municipalities with video lottery gaming facil- ities. [b. Within the amounts appropriated therefor, eligible municipalities shall receive an amount equal to seventy percent of the state aid payment received in the state fiscal year commencing April first, two thousand eight from an appropriation for aid to municipalities with video lottery gaming facilities.] 3. [a.] State aid payments made to an eligible city pursuant to [para- graph a of] subdivision two of this section shall be used to increase support for public schools in such city. [b. State aid payments made to an eligible municipality pursuant to paragraph b of subdivision two of this section shall be used by such eligible municipality to: (i) defray local costs associated with a video S. 7505--A 62 A. 9505--A lottery gaming facility, or (ii) minimize or reduce real property taxes.] 4. Payments of state aid pursuant to this section shall be made on or before June thirtieth of each state fiscal year to the chief fiscal officer of each eligible city [and each eligible municipality] 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 in the general fund of the state treasury. [5. The town and county in which the facility defined in paragraph five of subdivision a of section sixteen hundred seventeen-a of the tax law is located shall receive assistance payments made pursuant to this section at the same dollar level realized by the village of Monticello, Sullivan county, the town of Thompson, Sullivan county, and Sullivan county. Each village in which the facility defined in paragraph five of subdivision a of section sixteen hundred seventeen-a of the tax law is located shall receive assistance payments made pursuant to this section at the rate of fifty percent of the dollar level realized by the village of Monticello. Any payments made pursuant to this subdivision shall not commence until the facility defined in paragraph five of subdivision a of section sixteen hundred seventeen-a of the tax law has realized revenue for a period of twelve consecutive months.] § 2. This act shall take effect immediately. PART LL Section 1. Subdivision 8 of section 239-bb of the general municipal law, as added by section 1 of part EE of chapter 55 of the laws of 2018, is amended to read as follows: 8. For each county, new shared services actions [not included] in [a previously] AN approved and submitted plan pursuant to this section or part BBB of chapter fifty-nine of the laws of two thousand seventeen, may be eligible for funding to match savings from such action, subject to available appropriation. Savings that are actually and demonstrably realized by the participating local governments are eligible for match- ing funding. For actions that are part of an approved plan transmitted to the secretary of state in accordance with paragraph b of subdivision seven of this section, savings achieved [from] DURING EITHER: (I) Janu- ary first through December thirty-first from new actions implemented on or after January first through December thirty-first of the year imme- diately following an approved [and transmitted] plan, OR (II) JULY FIRST OF THE YEAR IMMEDIATELY FOLLOWING AN APPROVED PLAN THROUGH JUNE THIRTI- ETH OF THE SUBSEQUENT YEAR FROM NEW ACTIONS IMPLEMENTED JULY FIRST OF THE YEAR IMMEDIATELY FOLLOWING AN APPROVED PLAN THROUGH JUNE THIRTIETH OF THE SUBSEQUENT YEAR may be eligible for matching funding. Only net savings between local governments for each action would be eligible for matching funding. Savings from internal efficiencies or any other action taken by a local government without the participation of another local government are not eligible for matching funding. Each county and all of the local governments within the county that are part of any action to be implemented as part of an approved plan must collectively apply for the matching funding and agree on the distribution and use of any match- ing funding in order to qualify for matching funding. EACH COUNTY SHALL BE AUTHORIZED TO SUBMIT ONE CONSOLIDATED APPLICATION FOR MATCHING FUNDS FOR EACH APPROVED AND TRANSMITTED PLAN. ALL ACTIONS FROM A PLAN FOR WHICH MATCHING FUNDS WILL BE REQUESTED SHALL ADHERE TO THE SAME TWELVE- MONTH PERIOD BEGINNING EITHER JANUARY FIRST OR JULY FIRST. THE SECRETARY S. 7505--A 63 A. 9505--A OF STATE SHALL DEVELOP THE APPLICATION WITH ANY NECESSARY REQUIREMENTS FOR RECEIPT OF STATE MATCHING FUNDS. § 2. This act shall take effect immediately. PART MM Section 1. Subdivision 1 of section 160.05 of the local finance law, as added by chapter 67 of the laws of 2013, is amended to read as follows: 1. There shall be a financial restructuring board for local govern- ments which shall consist of ten members: the director of the budget who shall be chair of the board, the attorney general, the state comp- troller, and the secretary of state, each of whom may designate a repre- sentative to attend sessions of the board on his or her behalf, and six members appointed by the governor, one of whom upon the recommendation of the temporary president of the senate, one of whom upon the recommen- dation of the speaker of the assembly, and four other members appointed by the governor, one of whom shall have significant experience in munic- ipal financial and restructuring matters. In making such appointments, the governor shall consider regional diversity. Appointees shall serve at the pleasure of his or her appointing authority. The appointee of the governor who has been designated as having significant experience in municipal financial and restructuring matters shall receive fair compen- sation for his or her services performed pursuant to this section in an amount to be determined by the director of the budget and all members shall be reimbursed for all reasonable expenses actually and necessarily incurred by him or her in the performance of his or her duties. The board shall have the power to act by an affirmative vote of a majority of the total number of members PRESENT AT THE MEETING and shall render its findings and recommendations within six months of being requested to act by a fiscally eligible municipality. The provisions of section seventeen of the public officers law shall apply to members of the board. No member of the board shall be held liable for the performance of any function or duty authorized by this section. The work of the board shall be conducted with such staff as the director of the budget, the secretary of state, the attorney general and the state comptroller shall make available. All proceedings, meetings and hearings conducted by the board shall be held in the city of Albany. § 2. This act shall take effect immediately. PART NN Section 1. Paragraph 3 of subdivision (c) of section 1261 of the tax law, as amended by section 9 of part SS-1 of chapter 57 of the laws of 2008, is amended to read as follows: (3) However, the taxes, penalties and interest which (i) the county of Nassau, (ii) the county of Erie, to the extent the county of Erie is contractually or statutorily obligated to allocate and apply or pay net collections to the city of Buffalo and to the extent that such county has set aside net collections for educational purposes attributable to the Buffalo school district, or the city of Buffalo or (iii) the county of Erie is authorized to impose pursuant to section twelve hundred ten of this article, other than such taxes in the amounts described, respec- tively, in subdivisions one and two of section one thousand two hundred sixty-two-e of this part, during the period that such section authorizes Nassau county to establish special or local assistance programs there- S. 7505--A 64 A. 9505--A under, together with any penalties and interest related thereto, and after the comptroller has reserved such refund fund and such costs, shall, commencing on the next payment date after the effective date of this sentence and of each month thereafter, until such date as (i) the Nassau county interim finance authority shall have no obligations outstanding, or (ii) the Buffalo fiscal stability authority shall cease to exist, or (iii) the Erie county fiscal stability authority shall cease to exist, be paid by the comptroller, respectively, to (i) the Nassau county interim finance authority to be applied by the Nassau county interim finance authority, or (ii) to the Buffalo fiscal stabili- ty authority to be applied by the Buffalo fiscal stability authority, or (iii) to the Erie county fiscal stability authority to be applied by the Erie county fiscal stability authority, as the case may be, in the following order of priority: first pursuant to the Nassau county interim finance authority's contracts with bondholders or the Buffalo fiscal stability authority's contracts with bondholders or the Erie county fiscal stability authority's contracts with bondholders, respectively, then to pay the Nassau county interim finance authority's operating expenses not otherwise provided for or the Buffalo fiscal stability authority's operating expenses not otherwise provided for or the Erie county fiscal stability authority's operating expenses not otherwise provided for, respectively, THEN (I) FOR THE NASSAU COUNTY INTERIM FINANCE AUTHORITY TO PAY TO THE STATE AS SOON AS PRACTICABLE IN THE MONTHS OF MAY AND DECEMBER EACH YEAR, THE AMOUNT NECESSARY TO FULFILL THE TOWN AND VILLAGE DISTRIBUTION REQUIREMENT ON BEHALF OF NASSAU COUNTY PURSUANT TO PARAGRAPH FIVE-A OF THIS SUBDIVISION, OR (II) FOR THE BUFFALO FISCAL STABILITY AUTHORITY TO PAY TO THE STATE AS SOON AS PRAC- TICABLE IN THE MONTHS OF MAY AND DECEMBER EACH YEAR, THE PERCENTAGE OF THE AMOUNT NECESSARY TO FULFILL THE TOWN AND VILLAGE DISTRIBUTION REQUIREMENT ON BEHALF OF ERIE COUNTY PURSUANT TO PARAGRAPH FIVE-A OF THIS SUBDIVISION THAT EQUATES TO THE PERCENTAGE OF THE COUNTY NET COLLECTIONS THAT THE CITY OF BUFFALO AND THE BUFFALO CITY SCHOOL DISTRICT, TOGETHER, ARE DUE IN THE MONTHS OF MAY AND DECEMBER EACH YEAR, OR (III) FOR THE ERIE COUNTY FISCAL STABILITY AUTHORITY TO PAY TO THE STATE AS SOON AS PRACTICABLE IN THE MONTHS OF MAY AND DECEMBER EACH YEAR, THE AMOUNT NECESSARY TO FULFILL THE TOWN AND VILLAGE DISTRIBUTION REQUIREMENT ON BEHALF OF ERIE COUNTY PURSUANT TO PARAGRAPH FIVE-A OF THIS SUBDIVISION, LESS THE AMOUNT BEING PAID TO THE STATE BY THE BUFFALO FISCAL STABILITY AUTHORITY IN EACH RESPECTIVE MONTH, and then (i) pursu- ant to the Nassau county interim finance authority's agreements with the county of Nassau, which agreements shall require the Nassau county interim finance authority to transfer such taxes, penalties and interest remaining after providing for contractual or other obligations of the Nassau county interim finance authority, and subject to any agreement between such authority and the county of Nassau, to the county of Nassau as frequently as practicable; or (ii) pursuant to the Buffalo fiscal stability authority's agreements with the city of Buffalo, which agree- ments shall require the Buffalo fiscal stability authority to transfer such taxes, penalties and interest remaining after providing for contractual or other obligations of the Buffalo fiscal stability author- ity, and subject to any agreement between such authority and the city of Buffalo, to the city of Buffalo or the city of Buffalo school district, as the case may be, as frequently as practicable; or (iii) pursuant to the Erie county fiscal stability authority's agreements with the county of Erie, which agreements shall require the Erie county fiscal stability authority to transfer such taxes, penalties and interest remaining after S. 7505--A 65 A. 9505--A providing for contractual or other obligations of the Erie county fiscal stability authority, and subject to any agreement between such authority and the county of Erie, to the county of Erie as frequently as practica- ble. During the period that the comptroller is required to make payments to the Nassau county interim finance authority described in the previous sentence, the county of Nassau shall have no right, title or interest in or to such taxes, penalties and interest required to be paid to the Nassau county interim finance authority, except as provided in such authority's agreements with the county of Nassau. During the period that the comptroller is required to make payments to the Buffalo fiscal stability authority described in the second previous sentence, the city of Buffalo and such school district shall have no right, title or inter- est in or to such taxes, penalties and interest required to be paid to the Buffalo fiscal stability authority, except as provided in such authority's agreements with the city of Buffalo. During the period that the comptroller is required to make payments to the Erie county fiscal stability authority described in the third previous sentence, the county of Erie shall have no right, title or interest in or to such taxes, penalties and interest required to be paid to the Erie county fiscal stability authority, except as provided in such authority's agreements with the county of Erie. § 2. Paragraph 5-a of subdivision (c) of section 1261 of the tax law, as added by section 3 of part PPP of chapter 59 of the laws of 2019, is amended to read as follows: (5-a) However, after the comptroller has made the payments TO THE NASSAU COUNTY INTERIM FINANCE AUTHORITY, THE BUFFALO FISCAL STABILITY AUTHORITY, AND THE ERIE COUNTY FISCAL STABILITY AUTHORITY required by [paragraphs two,] PARAGRAPH three [and five] of this subdivision, for each municipality that received a base level grant in state fiscal year two thousand eighteen-two thousand nineteen but not in state fiscal year two thousand nineteen-two thousand twenty under the aid and incentives for municipalities program pursuant to subdivision ten of section fifty-four of the state finance law, the comptroller shall annually withhold FROM EACH COUNTY EXCEPT NASSAU AND ERIE from the remaining taxes, penalties and interest imposed by the county in which a majority of the population of such municipality resides, AND ON BEHALF OF NASSAU AND ERIE COUNTIES THE COMPTROLLER SHALL ANNUALLY RECEIVE FROM THE NASSAU COUNTY INTERIM FINANCE AUTHORITY, THE BUFFALO FISCAL STABILITY AUTHORI- TY, AND THE ERIE COUNTY FISCAL STABILITY AUTHORITY, an amount equal to the base level grant received by such municipality in state fiscal year two thousand eighteen-two thousand nineteen and shall annually distrib- ute, by December fifteenth, two thousand nineteen and by such date annu- ally thereafter, such amount directly to such municipality, unless such municipality has a fiscal year ending May thirty-first, then such annual distribution shall be made by May fifteenth, two thousand twenty and by such date annually thereafter. No county shall have any right, title or interest in or to the taxes, penalties and interest required to be with- held [and] OR distributed pursuant to this paragraph. § 3. Subdivision 5 of section 3657 of the public authorities law, as added by chapter 84 of the laws of 2000, is amended to read as follows: 5. Tax revenues received by the authority pursuant to section twelve hundred sixty-one of the tax law, together with any other revenues received by the authority, shall be applied in the following order of priority: first pursuant to the authority's contracts with bondholders, then to pay the authority's operating expenses not otherwise provided for, THEN TO PAY TO THE STATE PURSUANT TO PARAGRAPH THREE OF SUBDIVISION S. 7505--A 66 A. 9505--A (C) OF SECTION TWELVE HUNDRED SIXTY-ONE OF THE TAX LAW, and then, subject to the authority's agreements with the county, to transfer the balance of such tax revenues not required to meet contractual or other obligations of the authority to the county as frequently as practicable. § 4. Subdivision 5 of section 3865 of the public authorities law, as amended by chapter 86 of the laws of 2004, is amended to read as follows: 5. Revenues of the authority shall be applied in the following order of priority: first to pay debt service or for set asides to pay debt service on the authority's bonds, notes, or other obligations and to replenish any reserve funds securing such bonds, notes or other obli- gations of the authority, in accordance with the provision of any inden- ture or bond resolution of the authority; then to pay the authority's operating expenses not otherwise provided for; THEN TO PAY TO THE STATE PURSUANT TO PARAGRAPH THREE OF SUBDIVISION (C) OF SECTION TWELVE HUNDRED SIXTY-ONE OF THE TAX LAW; and then, subject to the authority's agreement with the city, for itself or on behalf of the city's dependent school district and any other covered organization, to transfer as frequently as practicable the balance of revenues not required to meet contractual or other obligations of the authority to the city or the city's depend- ent school district as provided in subdivision seven of this section. § 5. Subdivision 5 of section 3965 of the public authorities law, as added by chapter 182 of the laws of 2005, is amended to read as follows: 5. Revenues of the authority shall be applied in the following order of priority: first to pay debt service or for set asides to pay debt service on the authority's bonds, notes, or other obligations and to replenish any reserve funds securing such bonds, notes or other obli- gations of the authority in accordance with the provision of indenture or bond resolution of the authority; then to pay the authority's operat- ing expenses not otherwise provided for; THEN TO PAY TO THE STATE PURSU- ANT TO PARAGRAPH THREE OF SUBDIVISION (C) OF SECTION TWELVE HUNDRED SIXTY-ONE OF THE TAX LAW; and then, subject to the authority's agree- ments with the county for itself or on behalf of any covered organiza- tion to transfer as frequently as practicable the balance of revenues not required to meet contractual or other obligations of the authority to the county as provided in subdivision seven of this section. § 6. This act shall take effect immediately. PART OO Section 1. Section 217 of the county law is amended to read as follows: § 217. County jail. Each county shall continue to maintain a county jail as prescribed by law; PROVIDED, HOWEVER, THIS SECTION SHALL NOT PROHIBIT COUNTIES FROM JOINTLY MAINTAINING A COUNTY JAIL PURSUANT TO A SHARED SERVICES AGREEMENT. § 2. Subdivision 1 of section 500-a of the correction law is amended by adding a new paragraph (h) to read as follows: (H) NOTWITHSTANDING ANY OTHER LAW TO THE CONTRARY, NOTHING IN THIS SUBDIVISION SHALL PROHIBIT COUNTIES FROM JOINTLY MAINTAINING A COUNTY JAIL PURSUANT TO A SHARED SERVICES AGREEMENT. § 3. Subdivision 1 of section 500-c of the correction law, as added by chapter 907 of the laws of 1984, is amended to read as follows: 1. Except as provided in subdivision two of this section, the sheriff of each county shall have custody of the county jail of such county; PROVIDED HOWEVER, THAT FOR COUNTIES JOINTLY MAINTAINING A COUNTY JAIL S. 7505--A 67 A. 9505--A PURSUANT TO A SHARED SERVICES AGREEMENT, THE SHERIFF OF THE COUNTY IN WHICH SUCH JAIL IS LOCATED SHALL CONSULT WITH THE SHERIFF OF ANY COUNTY USING THE JAIL PURSUANT TO A SHARED SERVICES AGREEMENT. § 4. Section 500 of the correction law, as amended by chapter 131 of the laws of 2014, is amended to read as follows: § 500. Application of article. The provisions of this article shall apply to any all local correctional facilities as defined by subdivision sixteen of section two of this chapter AND SHALL APPLY TO ANY COUNTY JAIL MAINTAINED BY MORE THAN ONE COUNTY PURSUANT TO A SHARED SERVICES AGREEMENT. § 5. Subdivision 2 of section 40 of the correction law, as amended by chapter 247 of the laws of 2018, is amended to read as follows: 2. "Local correctional facility" means any jail, penitentiary, state, county or municipal lockup, court detention pen, hospital prison ward or specialized secure juvenile detention facility for older youth, OR JAIL JOINTLY MAINTAINED BY MORE THAN ONE COUNTY PURSUANT TO A SHARED SERVICES AGREEMENT. § 6. Subdivision 1 of section 751 of the judiciary law, as amended by chapter 399 of the laws of 1988, is amended to read as follows: 1. Except as provided in subdivisions (2), (3) and (4), punishment for a contempt, specified in section seven hundred fifty, may be by fine, not exceeding one thousand dollars, or by imprisonment, not exceeding thirty days, in the jail of the county where the court is sitting, or both, in the discretion of the court. IF THE COUNTY JAIL IN WHICH THE COURT IS SITTING HAS ENTERED INTO A SHARED SERVICES AGREEMENT TO MAIN- TAIN A JOINT COUNTY JAIL, THE PERSON MAY BE IMPRISONED IN A JAIL IN ANOTHER COUNTY THAT IS A PARTY TO THAT AGREEMENT. Where the punishment for contempt is based on a violation of an order of protection issued under section 530.12 or 530.13 of the criminal procedure law, imprison- ment may be for a term not exceeding three months. Where a person is committed to jail, for the nonpayment of a fine, imposed under this section, he must be discharged at the expiration of thirty days; but where he is also committed for a definite time, the thirty days must be computed from the expiration of the definite time. Such a contempt, committed in the immediate view and presence of the court, may be punished summarily; when not so committed, the party charged must be notified of the accusation, and have a reasonable time to make a defense. § 7. Paragraph (a) of subdivision 16 of section 2 of the correction law, as amended by section 4 of chapter 681 of the laws of 1990 is amended to read as follows: 16. (a) "Local correctional facility". Any place operated by a county or the city of New York as a place for the confinement of persons duly committed to secure their attendance as witnesses in any criminal case, charged with crime and committed for trial or examination, awaiting the availability of a court, duly committed for any contempt or upon civil process, convicted of any offense and sentenced to imprisonment therein or awaiting transportation under sentence to imprisonment in a correc- tional facility, OR JAIL JOINTLY MAINTAINED BY MORE THAN ONE COUNTY PURSUANT TO A SHARED SERVICES AGREEMENT, or pursuant to any other appli- cable provisions of law. § 8 [7]. This act shall take effect immediately; provided that the amendments to subdivision 1 of section 500-c of the correction law made by section three of this act shall not affect the repeal of such section and shall be deemed repealed therewith. S. 7505--A 68 A. 9505--A PART PP Section 1. Subparagraph 9 of paragraph d of subdivision 5 of part B of section 236 of the domestic relations law, as amended by chapter 281 of the laws of 1980 and as renumbered by chapter 229 of the laws of 2009, is amended to read as follows: (9) the probable future financial circumstances of each party INCLUD- ING ACTS OF DOMESTIC VIOLENCE AS PROVIDED IN SECTION FOUR HUNDRED FIFTY-NINE-A OF THE SOCIAL SERVICES LAW BY ONE PARTY AGAINST ANOTHER THAT HAVE INHIBITED OR CONTINUE TO INHIBIT A PARTY'S EARNING CAPACITY OR ABILITY TO OBTAIN MEANINGFUL EMPLOYMENT; § 2. This act shall take effect on the thirtieth day after it shall have become a law. PART QQ Section 1. The public authorities law is amended by adding a new section 3 to read as follows: § 3. PAY EQUITY. 1. IN ORDER TO ATTRACT UNUSUAL MERIT AND ABILITY TO THE SERVICE OF PUBLIC AUTHORITIES IN THE STATE OF NEW YORK, TO STIMULATE HIGHER EFFICIENCY AMONG THE PERSONNEL, TO PROVIDE SKILLED LEADERSHIP IN ADMINISTRATION, TO REWARD MERIT AND TO INSURE THE HIGHEST RETURN IN SERVICES FOR THE NECESSARY COSTS OF ADMINISTRATION, IT IS HEREBY DECLARED THAT PUBLIC AUTHORITIES SHALL, CONSISTENT WITH THE FEDERAL EQUAL PAY ACT OF 1963 (29 U.S.C. § 206), THE FEDERAL CIVIL RIGHTS ACT (42 U.S.C. § 2000E-2), ARTICLE FIFTEEN OF THE EXECUTIVE LAW, AND SECTION FORTY-C OF THE CIVIL RIGHTS LAW, ENSURE A FAIR, NON-BIASED COMPENSATION STRUCTURE FOR ALL EMPLOYEES IN WHICH STATUS WITHIN ONE OR MORE PROTECTED CLASS OR CLASSES IS NOT CONSIDERED EITHER DIRECTLY OR INDIRECTLY IN DETERMINING THE PROPER COMPENSATION FOR A TITLE OR IN DETERMINING THE PAY FOR ANY INDIVIDUAL OR GROUP OF EMPLOYEES, ENSURE THAT NO EMPLOYEE WITH STATUS WITHIN ONE OR MORE PROTECTED CLASS OR CLASSES SHALL BE PAID A WAGE AT A RATE LESS THAN THE RATE AT WHICH AN EMPLOYEE WITHOUT STATUS WITHIN THE SAME PROTECTED CLASS OR CLASSES IN THE SAME ESTABLISHMENT IS PAID FOR SIMILAR WORK OR SUBSTANTIALLY SIMILAR WORK AND PROVIDE REGULAR INCREASES IN PAY IN PROPER PROPORTION TO INCREASE OF ABILITY, INCREASE OF OUTPUT AND INCREASE OF QUALITY OF WORK DEMONSTRATED IN SERVICE. 2. FOR THE PURPOSE OF THIS SECTION: (A) THE TERM "PROTECTED CLASS" INCLUDES AGE, RACE, CREED, COLOR, NATIONAL ORIGIN, SEXUAL ORIENTATION, GENDER IDENTITY OR EXPRESSION, MILITARY STATUS, SEX, DISABILITY, PREDISPOSING GENETIC CHARACTERISTICS, FAMILIAL STATUS, MARITAL STATUS, OR DOMESTIC VIOLENCE VICTIM STATUS, AND ANY EMPLOYEE PROTECTED FROM DISCRIMINATION PURSUANT TO PARAGRAPHS (A), (B), AND (C) OF SUBDIVISION ONE OF SECTION TWO HUNDRED NINETY-SIX OF THE EXECUTIVE LAW, AND ANY INTERN PROTECTED FROM DISCRIMINATION PURSUANT TO SECTION TWO HUNDRED NINETY-SIX-C OF THE EXECUTIVE LAW. (B) THE TERM "COMPENSATION" SHALL INCLUDE BUT NOT BE LIMITED TO: ALL EARNINGS OF AN EMPLOYEE FOR LABOR OR SERVICES RENDERED, REGARDLESS OF WHETHER THE AMOUNT OF EARNINGS IS PAID ON AN ANNUAL SALARY, HOURLY, BIWEEKLY OR PER DIEM BASIS; REIMBURSEMENT FOR EXPENSES; HEALTH, WELFARE AND RETIREMENT BENEFITS; AND VACATION PAY, SICK PAY, SEPARATION OR HOLI- DAY PAY, OR ANY OTHER FORM OF REMUNERATION. (C) EMPLOYEES SHALL BE DEEMED TO WORK IN THE SAME ESTABLISHMENT IF THE EMPLOYEES WORK FOR THE SAME EMPLOYER AT WORKPLACES LOCATED IN THE SAME GEOGRAPHICAL REGION, NO LARGER THAN A COUNTY, TAKING INTO ACCOUNT POPU- S. 7505--A 69 A. 9505--A LATION DISTRIBUTION, ECONOMIC ACTIVITY, AND/OR THE PRESENCE OF MUNICI- PALITIES. (D) THE TERM "PUBLIC AUTHORITIES" SHALL MEAN ANY AUTHORITY AS DEFINED IN SECTION TWO OF THIS TITLE. 3. (A) IT SHALL NOT BE A VIOLATION OF THIS SECTION FOR AN EMPLOYER TO PAY DIFFERENT COMPENSATION TO EMPLOYEES, WHERE SUCH PAYMENTS ARE MADE PURSUANT TO: (1) A BONA FIDE SENIORITY OR MERIT SYSTEM; (2) A BONA FIDE SYSTEM THAT MEASURES EARNINGS BY QUANTITY OR QUALITY OF PRODUCTION; (3) A BONA FIDE SYSTEM BASED ON GEOGRAPHIC DIFFERENTIALS; (4) ANY OTHER BONA FIDE FACTOR OTHER THAN STATUS WITHIN ONE OR MORE PROTECTED CLASS OR CLASSES, SUCH AS EDUCATION, TRAINING, OR EXPERIENCE. SUCH FACTOR: (A) SHALL NOT BE BASED UPON OR DERIVED FROM A DIFFERENTIAL IN COMPENSATION BASED ON STATUS WITHIN ONE OR MORE PROTECTED CLASS OR CLASSES; AND (B) SHALL BE JOB-RELATED WITH RESPECT TO THE POSITION IN QUESTION AND SHALL BE CONSISTENT WITH BUSINESS NECESSITY. SUCH EXCEPTION UNDER THIS PARAGRAPH SHALL NOT APPLY WHEN THE EMPLOYEE DEMONSTRATES (I) THAT AN EMPLOYER USES A PARTICULAR EMPLOYMENT PRACTICE THAT CAUSES A DISPARATE IMPACT ON THE BASIS OF STATUS WITHIN ONE OR MORE PROTECTED CLASS OR CLASSES, (II) THAT AN ALTERNATIVE EMPLOYMENT PRACTICE EXISTS THAT WOULD SERVE THE SAME PURPOSE AND NOT PRODUCE SUCH DIFFERENTIAL, AND (III) THAT THE EMPLOYER HAS REFUSED TO ADOPT SUCH ALTERNATIVE PRACTICE; OR (5) A COLLECTIVE BARGAINING AGREEMENT. (B) FOR THE PURPOSE OF PARAGRAPH (A) OF THIS SUBDIVISION, "BUSINESS NECESSITY" SHALL BE DEFINED AS A FACTOR THAT BEARS A MANIFEST RELATION- SHIP TO THE EMPLOYMENT IN QUESTION. (C) NOTHING SET FORTH IN THIS SECTION SHALL BE CONSTRUED TO IMPEDE, INFRINGE OR DIMINISH THE RIGHTS AND BENEFITS WHICH ACCRUE TO EMPLOYEES THROUGH COLLECTIVE BARGAINING AGREEMENTS, OR OTHERWISE DIMINISH THE INTEGRITY OF THE EXISTING COLLECTIVE BARGAINING RELATIONSHIP. § 2. This act shall take effect immediately. PART RR Section 1. The opening paragraph of subdivision 1 of section 812 of the family court act, as amended by chapter 109 of the laws of 2019, is amended to read as follows: The family court and the criminal courts shall have concurrent juris- diction over any proceeding concerning acts which would constitute disorderly conduct, unlawful dissemination or publication of an intimate image, harassment in the first degree, harassment in the second degree, aggravated harassment in the second degree, sexual misconduct, forcible touching, sexual abuse in the third degree, sexual abuse in the second degree as set forth in subdivision one of section 130.60 of the penal law, stalking in the first degree, stalking in the second degree, stalk- ing in the third degree, stalking in the fourth degree, criminal mischief, menacing in the second degree, menacing in the third degree, reckless endangerment, criminal obstruction of breathing or blood circu- lation, strangulation in the second degree, strangulation in the first degree, assault in the second degree, assault in the third degree, an attempted assault, identity theft in the first degree, identity theft in the second degree, identity theft in the third degree, grand larceny in the fourth degree, grand larceny in the third degree, coercion in the second degree or coercion in the third degree as set forth in subdivi- S. 7505--A 70 A. 9505--A sions one, two and three of section 135.60 of the penal law between spouses or former spouses, or between parent and child or between members of the same family or household except that if the respondent would not be criminally responsible by reason of age pursuant to section 30.00 of the penal law, then the family court shall have exclusive jurisdiction over such proceeding. Notwithstanding a complainant's election to proceed in family court, the criminal court shall not be divested of jurisdiction to hear a family offense proceeding pursuant to this section. THE FAMILY COURT MAY ALSO ISSUE AN ORDER OF PROTECTION BASED ON ANY CIRCUMSTANCES THAT THE COURT DETERMINES REQUIRE AN ORDER FOR THE PURPOSES ESTABLISHED IN PARAGRAPH (B) OF SUBDIVISION TWO OF THIS SECTION. In any proceeding pursuant to this article, a court shall not deny an order of protection, or dismiss a petition, solely on the basis that the acts or events alleged are not relatively contemporaneous with the date of the petition, the conclusion of the fact-finding or the conclusion of the dispositional hearing. For purposes of this article, "disorderly conduct" includes disorderly conduct not in a public place. For purposes of this article, "members of the same family or household" shall mean the following: § 2. Paragraph (a) of subdivision 1 of section 821 of the family court act, as amended by section 6 of part NN of chapter 55 of the laws of 2018, is amended to read as follows: (a) An allegation that: (I) the respondent assaulted or attempted to assault his or her spouse, or former spouse, parent, child or other member of the same family or household or engaged in disorderly conduct, harassment, sexual misconduct, forcible touching, sexual abuse in the third degree, sexual abuse in the second degree as set forth in subdivi- sion one of section 130.60 of the penal law, stalking, criminal mischief, menacing, reckless endangerment, criminal obstruction of breathing or blood circulation, strangulation, identity theft in the first degree, identity theft in the second degree, identity theft in the third degree, grand larceny in the fourth degree, grand larceny in the third degree, coercion in the second degree or coercion in the third degree as set forth in subdivisions one, two and three of section 135.60 of the penal law, toward any such person; OR (II) THE RESPONDENT IS THE SPOUSE, OR FORMER SPOUSE, PARENT, CHILD OR OTHER MEMBER OF THE SAME FAMILY OR HOUSEHOLD AS THE PETITIONER AND CIRCUMSTANCES EXIST THAT REQUIRE AN ORDER OF PROTECTION FOR THE PURPOSES ESTABLISHED IN PARAGRAPH (B) OF SUBDIVISION TWO OF SECTION EIGHT HUNDRED TWELVE OF THIS ARTICLE; § 3. Subdivision 3-a of section 530.12 of the criminal procedure law, as added by chapter 186 of the laws of 1997, is amended to read as follows: 3-a. Emergency powers when family court not in session; issuance of temporary orders of protection. Upon the request of the petitioner, a local criminal court may on an ex parte basis issue a temporary order of protection pending a hearing in family court, provided that a sworn affidavit, verified in accordance with subdivision one of section 100.30 of this chapter, is submitted: (i) alleging that the family court is not in session; (ii) alleging that: (A) a family offense, as defined in subdivision one of section eight hundred twelve of the family court act and subdivision one of section 530.11 of this article, has been commit- ted; OR (B) CIRCUMSTANCES EXIST THAT REQUIRE AN ORDER OF PROTECTION FOR THE PURPOSES ESTABLISHED IN PARAGRAPH (B) OF SUBDIVISION TWO OF SECTION EIGHT HUNDRED TWELVE OF THE FAMILY COURT ACT; THE RESPONDENT IS THE SPOUSE, OR FORMER SPOUSE, PARENT, CHILD OR OTHER MEMBER OF THE SAME FAMILY OR HOUSEHOLD AS THE PETITIONER AND CIRCUMSTANCES EXIST THAT S. 7505--A 71 A. 9505--A REQUIRE AN ORDER OF PROTECTION FOR THE PURPOSES ESTABLISHED IN PARAGRAPH (B) OF SUBDIVISION TWO OF SECTION EIGHT HUNDRED TWELVE OF THE FAMILY COURT ACT; (iii) alleging that a family offense petition has been filed or will be filed in family court on the next day the court is in session; and (iv) showing good cause. Upon appearance in a local crimi- nal court, the petitioner shall be advised that he or she may continue with the proceeding either in family court or upon the filing of a local criminal court accusatory instrument in criminal court or both. Upon issuance of a temporary order of protection where petitioner requests that it be returnable in family court, the local criminal court shall transfer the matter forthwith to the family court and shall make the matter returnable in family court on the next day the family court is in session, or as soon thereafter as practicable, but in no event more than four calendar days after issuance of the order. The local criminal court, upon issuing a temporary order of protection returnable in family court pursuant to this subdivision, shall immediately forward, in a manner designed to insure arrival before the return date set in the order, a copy of the temporary order of protection and sworn affidavit to the family court and shall provide a copy of such temporary order of protection to the petitioner; provided, however, that where a copy of the temporary order of protection and affidavit are transmitted to the family court by facsimile or other electronic means, the original order and affidavit shall be forwarded to the family court immediately there- after. Any temporary order of protection issued pursuant to this subdi- vision shall be issued to the respondent, and copies shall be filed as required in subdivisions six and eight of this section for orders of protection issued pursuant to this section. Any temporary order of protection issued pursuant to this subdivision shall plainly state the date that such order expires which, in the case of an order returnable in family court, shall be not more than four calendar days after its issuance, unless sooner vacated or modified by the family court. A peti- tioner requesting a temporary order of protection returnable in family court pursuant to this subdivision in a case in which a family court petition has not been filed shall be informed that such temporary order of protection shall expire as provided for herein, unless the petitioner files a petition pursuant to subdivision one of section eight hundred twenty-one of the family court act on or before the return date in fami- ly court and the family court issues a temporary order of protection or order of protection as authorized under article eight of the family court act. Nothing in this subdivision shall limit or restrict the petitioner's right to proceed directly and without court referral in either a criminal or family court, or both, as provided for in section one hundred fifteen of the family court act and section 100.07 of this chapter. § 4. This act shall take effect immediately. PART SS Section 1. The election law is amended by adding a new section 14-116-a to read as follows: § 14-116-A. RESTRICTION ON CONTRIBUTIONS FROM FOREIGN-INFLUENCED CORPORATIONS OR ENTITIES. 1. NO CORPORATION, LIMITED LIABILITY COMPANY, JOINT-STOCK ASSOCIATION OR OTHER CORPORATE ENTITY DOING BUSINESS IN THIS STATE THAT IS FOREIGN-INFLUENCED, NOR ANY FOREIGN NATIONAL, SHALL DIRECTLY OR INDIRECTLY PAY OR USE OR OFFER, CONSENT OR AGREE TO PAY OR USE ANY MONEY OR PROPERTY FOR OR IN AID OF ANY POLITICAL PARTY, COMMIT- S. 7505--A 72 A. 9505--A TEE OR ORGANIZATION, OR FOR, OR IN AID OF, ANY CORPORATION, LIMITED LIABILITY COMPANY, JOINT-STOCK, OTHER ASSOCIATION, OR OTHER CORPORATE ENTITY ORGANIZED OR MAINTAINED FOR POLITICAL PURPOSES, OR FOR, OR IN AID OF, ANY CANDIDATE FOR POLITICAL OFFICE OR FOR NOMINATION FOR SUCH OFFICE, OR FOR ANY POLITICAL PURPOSE WHATSOEVER, OR FOR THE REIMBURSE- MENT OR INDEMNIFICATION OF ANY PERSON FOR MONEYS OR PROPERTY SO USED. ANY OFFICER, DIRECTOR, STOCK-HOLDER, MEMBER, OWNER, ATTORNEY OR AGENT OF ANY CORPORATION, LIMITED LIABILITY COMPANY, JOINT-STOCK ASSOCIATION OR OTHER CORPORATE ENTITY WHICH VIOLATES ANY OF THE PROVISIONS OF THIS SECTION, WHO PARTICIPATES IN, AIDS, ABETS OR ADVISES OR CONSENTS TO ANY SUCH VIOLATIONS, AND ANY PERSON WHO SOLICITS OR KNOWINGLY RECEIVES ANY MONEY OR PROPERTY IN VIOLATION OF THIS SECTION, SHALL BE GUILTY OF A MISDEMEANOR. ANY SUCH CONTRIBUTION MAY RESULT IN THE ASSESSMENT OF A CIVIL FINE, NOT TO EXCEED TEN THOUSAND DOLLARS PER CONTRIBUTION, IN ADDITION TO ANY OTHER PENALTIES UNDER THE LAW. 2. FOR PURPOSES OF THIS SECTION, "FOREIGN-INFLUENCED" SHALL MEAN ANY ENTITY FOR WHICH AT LEAST ONE OF THE FOLLOWING CONDITIONS IS MET: (A) A SINGLE FOREIGN NATIONAL HOLDS, OWNS, CONTROLS, OR OTHERWISE HAS DIRECT OR INDIRECT BENEFICIAL OWNERSHIP OF FIVE PERCENT OR MORE OF THE TOTAL EQUITY, OUTSTANDING VOTING SHARES, MEMBERSHIP UNITS, OR OTHER APPLICABLE OWNERSHIP INTEREST IN THE ENTITY MAKING THE CONTRIBUTION, EXPENDITURE OR PAYMENT; OR (B) TWO OR MORE FOREIGN NATIONALS, IN AGGREGATE, HOLD, OWN, CONTROL, OR OTHERWISE HAVE DIRECT OR INDIRECT BENEFICIAL OWNERSHIP OF TEN PERCENT OR MORE OF THE TOTAL EQUITY OUTSTANDING VOTING SHARES, MEMBERSHIP UNITS, OR OTHER APPLICABLE OWNERSHIP INTEREST OF THE ENTITY; OR (C) ONE OR MORE FOREIGN NATIONALS, IN AGGREGATE, HOLD MORE THAN TEN PERCENT OF THE BOARD OF DIRECTOR SEATS IN THE ENTITY'S GOVERNING BOARD; OR (D) A FOREIGN NATIONAL PARTICIPATES DIRECTLY OR INDIRECTLY IN THE ENTITY'S DECISION-MAKING PROCESS WITH RESPECT TO THE ENTITY'S POLITICAL ACTIVITIES IN THE UNITED STATES, INCLUDING THE ENTITY'S POLITICAL ACTIV- ITIES WITH RESPECT TO A COVERED ELECTION. 3. FOR PURPOSES OF THIS SECTION, "FOREIGN NATIONAL" SHALL HAVE THE SAME MEANING AS THE TERM DEFINED IN SUBSECTION B OF SECTION 30121 OF TITLE 52 OF THE UNITED STATES CODE, INCLUDING BUT NOT LIMITED TO A FOREIGN GOVERNMENT OR A FOREIGN PRINCIPAL. § 2. This act shall take effect June 1, 2020. PART TT Section 1. Section 10 of the public officers law, as amended by chap- ter 29 of the laws of 1977, is amended to read as follows: § 10. Official oaths. 1. Every officer shall take and file the oath of office required by law, and every judicial officer of the unified court system, in addition, shall file a copy of said oath in the office of court administration, before he shall be entitled to enter upon the discharge of any of his official duties. An oath of office may be admin- istered by a judge of the court of appeals, the attorney general, or by any officer authorized to take, within the state, the acknowledgment of the execution of a deed of real property, or by an officer in whose office the oath is required to be filed or by his duly designated assistant, or may be administered to any member of a body of officers, by a presiding officer or clerk, thereof, who shall have taken an oath of office. An oath of office may be administered to any state or local officer who is a member of the armed forces of the United States by any S. 7505--A 73 A. 9505--A commissioned officer, in active service, of the armed forces of the United States. In addition to the requirements of any other law, the certificate of the officer in the armed forces administering the oath of office under this section shall state (a) the rank of the officer admin- istering the oath, and (b) that the person taking the oath was at the time, enlisted, inducted, ordered or commissioned in or serving with, attached to or accompanying the armed forces of the United States. The fact that the officer administering the oath was at the time duly commissioned and in active service with the armed forces, shall be certified by the secretary of the army, secretary of the air force or by the secretary of the navy, as the case may be, of the United States, or by a person designated by him to make such certifications, but the place where such oath was administered need not be disclosed. The oath of office of a notary public or commissioner of deeds shall be filed in the office of the clerk of the county in which he shall reside. The oath of office of every state officer shall be filed in the office of the secre- tary of state; of every officer of a municipal corporation, including a school district, with the clerk thereof; and of every other officer, including the trustees and officers of a public library and the officers of boards of cooperative educational services, in the office of the clerk of the county in which he shall reside, if no place be otherwise provided by law for the filing thereof. 2. THE OATH OF OFFICE OF A STATEWIDE ELECTED OFFICIAL, MEMBER OF THE LEGISLATURE, HEAD OF A STATE AGENCY OR ELECTED LOCAL OFFICIAL, AS SUCH TERMS ARE USED IN SECTION SEVENTY-THREE-A OF THIS CHAPTER, SHALL BE FILED TOGETHER WITH A CERTIFICATION THAT SUCH OFFICIAL WILL ANNUALLY FILE HIS OR HER NEW YORK STATE INCOME TAX RETURN WITH THE JOINT COMMIS- SION ON PUBLIC ETHICS AS REQUIRED BY SECTION SEVENTY-THREE-A OF THIS CHAPTER. NOTWITHSTANDING THE PROVISIONS OF SUBDIVISION (E) OF SECTION SIX HUNDRED NINETY-SEVEN OF THE TAX LAW, SUCH CERTIFICATION SHALL ALSO CONSTITUTE AUTHORIZATION FOR THE DEPARTMENT OF TAXATION AND FINANCE TO DISCLOSE TO THE JOINT COMMISSION ON PUBLIC ETHICS ANY INCOME TAX RETURN FILED WITH SUCH DEPARTMENT THAT WAS REQUIRED TO BE FILED WITH SUCH COMMISSION PURSUANT TO SECTION SEVENTY-THREE-A OF THIS CHAPTER UPON NOTIFICATION BY SUCH COMMISSION THAT SUCH RETURN WAS NOT FILED AS SO REQUIRED. § 2. Section 13 of the public officers law is amended to read as follows: § 13. Notice of neglect to file oath or undertaking. The officer or body making the appointment or certificate of election of a public offi- cer shall, if the officer be required to give an official undertaking to be filed in an office other than that in which the written appointment or certificate of election is to be filed, forthwith give written notice of such appointment or election to the officer in whose office the undertaking is to be filed. THE OFFICER OR BODY MAKING THE APPOINTMENT OR CERTIFICATE OF ELECTION OF A STATEWIDE ELECTED OFFICIAL, MEMBER OF THE LEGISLATURE, HEAD OF A STATE AGENCY OR ELECTED LOCAL OFFICIAL, AS SUCH TERMS ARE USED IN SECTION SEVENTY-THREE-A OF THIS CHAPTER, SHALL ALSO FORTHWITH GIVE WRITTEN NOTICE OF SUCH APPOINTMENT OR ELECTION TO THE JOINT COMMISSION ON PUBLIC ETHICS. If any officer shall neglect, within the time required by law, to take and file an official oath, or execute and file an official undertaking, the officer, with whom or in whose office such oath or undertaking is required to be filed, shall forthwith give notice of such neglect, if of an appointive officer, to the authority appointing such officer; if of an elective officer, to the officer, board or body authorized to fill a vacancy in such office, if S. 7505--A 74 A. 9505--A any, or if none and a vacancy in the office may be filled by a special election, to the officer, board or body authorized to call or give notice of a special election to fill such vacancy; except that the notice of failure of a justice of the peace to file his official oath, shall be given to the town clerk of the town for which the justice was elected. § 3. Paragraph h of subdivision 1 of section 30 of the public officers law, as amended by chapter 209 of the laws of 1954, is amended to read as follows: h. His refusal or neglect to file his official oath, CERTIFICATION PURSUANT TO SUBDIVISION TWO OF SECTION TEN OF THIS CHAPTER, IF REQUIRED, or undertaking, if one is required, before or within thirty days after the commencement of the term of office for which he is chosen, if an elective office, or if an appointive office, within thirty days after notice of his appointment, or within thirty days after the commencement of such term; or to file a renewal undertaking within the time required by law, or if no time be so specified, within thirty days after notice to him in pursuance of law, that such renewal undertaking is required. The neglect or failure of any state or local officer to execute and file his oath of office, CERTIFICATION REQUIRED BY SUBDIVISION TWO OF SECTION TEN OF THIS CHAPTER and official undertaking within the time limited therefor by law, shall not create a vacancy in the office if such offi- cer was on active duty in the armed forces of the United States and absent from the county of his residence at the time of his election or appointment, and shall take his oath of office and execute his official undertaking within thirty days after receipt of notice of his election or appointment, and provided such oath of office, CERTIFICATION REQUIRED BY SUBDIVISION TWO OF SECTION TEN OF THIS CHAPTER and official undertak- ing be filed within ninety days following the date it has been taken and subscribed, any inconsistent provision of law, general, special, or local to the contrary, notwithstanding. § 4. Subdivision 1 of section 73-a of the public officers law is amended by adding a new paragraph (n) to read as follows: (N) THE TERM "ELECTED LOCAL OFFICIAL" SHALL MEAN AN ELECTED OFFICIAL OF A LOCAL AGENCY WHO RECEIVES ANNUAL COMPENSATION FOR SUCH POSITION IN EXCESS OF ONE HUNDRED THOUSAND DOLLARS. § 5. Paragraphs (a), (e) and (k) of subdivision 2 of section 73-a of public officers law, paragraphs (a) and (e) as amended and paragraph (k) as added by section 5 of part A of chapter 399 of the laws of 2011, are amended to read as follows: (a) Every statewide elected official, state officer or employee, member of the legislature, legislative employee and political party chairman and every candidate for statewide elected office or for member of the legislature shall file an annual statement of financial disclo- sure containing the information and in the form set forth in subdivision three of this section. EVERY STATEWIDE ELECTED OFFICIAL, MEMBER OF THE LEGISLATURE, OR HEAD OF A STATE AGENCY SHALL ALSO FILE, AND EVERY ELECTED LOCAL OFFICIAL SHALL FILE A COPY OF HIS OR HER NEW YORK STATE INCOME TAX RETURN, INCLUDING ANY SCHEDULES AND ATTACHMENTS TO SUCH RETURN, FOR THE PRECEDING YEAR. On or before the fifteenth day of May with respect to the preceding calendar year: (1) every member of the legislature, every candidate for member of the legislature and legisla- tive employee shall file such statement,AND SUCH TAX RETURN, IF REQUIRED, with the legislative ethics commission which shall provide such statement along with any requests for exemptions or deletions, AND SUCH TAX RETURN, IF REQUIRED, to the joint commission on public ethics S. 7505--A 75 A. 9505--A for filing and rulings with respect to such requests for exemptions or deletions, on or before the thirtieth day of June; [and] (2) all other individuals required to file such statement shall file it, AND SUCH TAX RETURN, IF REQUIRED, with the joint commission on public ethics; AND (3) ANY ELECTED LOCAL OFFICIAL SHALL FILE SUCH TAX RETURN WITH SUCH COMMIS- SION, except that: (i) a person who is subject to the reporting requirements of this subdivision and who timely filed with the internal revenue service an application for automatic extension of time in which to file his or her individual income tax return for the immediately preceding calendar or fiscal year shall be required to file such financial disclosure state- ment on or before May fifteenth but may, without being subjected to any civil penalty on account of a deficient statement, indicate with respect to any item of the disclosure statement that information with respect thereto is lacking but will be supplied in a supplementary statement of financial disclosure, which shall be filed, TOGETHER WITH ANY REQUIRED TAX RETURN, on or before the seventh day after the expiration of the period of such automatic extension of time within which to file such individual income tax return, provided that failure to file or to timely file such supplementary statement of financial disclosure or the filing of an incomplete or deficient supplementary statement of financial disclosure shall be subject to the notice and penalty provisions of this section respecting annual statements of financial disclosure as if such supplementary statement were an annual statement; (ii) a person who is required to file an annual financial disclosure statement with the joint commission on public ethics, and who is granted an additional period of time within which to file such statement due to justifiable cause or undue hardship, in accordance with required rules and regulations on the subject adopted pursuant to paragraph [c] (C) of subdivision nine of section ninety-four of the executive law shall file such statement within the additional period of time granted; and the legislative ethics commission shall notify the joint commission on public ethics of any extension granted pursuant to this paragraph; (iii) candidates for statewide office who receive a party designation for nomination by a state committee pursuant to section 6-104 of the election law shall file such statement within ten days after the date of the meeting at which they are so designated; (iv) candidates for statewide office who receive twenty-five percent or more of the vote cast at the meeting of the state committee held pursuant to section 6-104 of the election law and who demand to have their names placed on the primary ballot and who do not withdraw within fourteen days after such meeting shall file such statement within ten days after the last day to withdraw their names in accordance with the provisions of such section of the election law; (v) candidates for statewide office and candidates for member of the legislature who file party designating petitions for nomination at a primary election shall file such statement within ten days after the last day allowed by law for the filing of party designating petitions naming them as candidates for the next succeeding primary election; (vi) candidates for independent nomination who have not been desig- nated by a party to receive a nomination shall file such statement with- in ten days after the last day allowed by law for the filing of inde- pendent nominating petitions naming them as candidates in the next succeeding general or special election; S. 7505--A 76 A. 9505--A (vii) candidates who receive the nomination of a party for a special election shall file such statement within ten days after the date of the meeting of the party committee at which they are nominated; (viii) a candidate substituted for another candidate, who fills a vacancy in a party designation or in an independent nomination, caused by declination, shall file such statement within ten days after the last day allowed by law to file a certificate to fill a vacancy in such party designation or independent nomination; (ix) with respect to all candidates for member of the legislature, the legislative ethics commission shall within five days of receipt provide the joint commission on public ethics the statement filed pursuant to subparagraphs (v), (vi), (vii) and (viii) of this paragraph. (e) Any person required to file such statement AND/OR FILE SUCH TAX RETURN who commences employment after May fifteenth of any year and political party chairman shall file such statement AND, IF REQUIRED, SUCH TAX RETURN within thirty days after commencing employment or of taking the position of political party chairman, as the case may be. In the case of members of the legislature and legislative employees, such statements shall be filed with the legislative ethics commission within thirty days after commencing employment, and the legislative ethics commission shall provide such statements to the joint commission on public ethics within forty-five days of receipt. (k) The joint commission on public ethics shall: (I) post for at least five years beginning for filings made on January first, two thousand thirteen the annual statement of financial disclosure and any amendments filed by each person subject to the reporting requirements of this subdivision who is an elected official on its website for public review within thirty days of its receipt of such statement or within ten days of its receipt of such amendment that reflects any corrections of defi- ciencies identified by the commission or by the reporting individual after the reporting individual's initial filing. Except upon an individ- ual determination by the commission that certain information may be deleted from a reporting individual's annual statement of financial disclosure, none of the information in the statement posted on the commission's website shall be otherwise deleted; (II) POST FOR AT LEAST FIVE YEARS BEGINNING FOR FILINGS MADE FOR THE TWO THOUSAND NINETEEN CALENDAR YEAR ANY INCOME TAX RETURN FILED PURSUANT TO THIS SUBDIVISION, PROVIDED, HOWEVER, THAT PRIOR TO POSTING ANY TAX RETURN TO THE COMMISSION SHALL REDACT SUCH INFORMATION AS IT, IN CONSUL- TATION WITH THE COMMISSIONER OF TAXATION AND FINANCE OR HIS OR HER DELE- GATE, DEEMS APPROPRIATE OR REQUIRED BY LAW. AN OFFICIAL SHALL BE ENTI- TLED TO REQUEST AT THE TIME OF FILING OF A TAX RETURN PARTICULAR REDACTIONS TO SUCH RETURN THAT THE COMMISSION SHALL MAKE IF IT DEEMS SUCH REDACTIONS TO BE APPROPRIATE. § 6. The election law is amended by adding a new section 6-169 to read as follows: § 6-169. NOTICE OF TRANSPARENCY REQUIREMENTS. THE STATE BOARD OF ELECTIONS OR OTHER BOARD OF ELECTIONS, AS THE CASE MAY BE, SHALL NOTIFY EACH PERSON NOMINATED OR DESIGNATED AS A CANDIDATE FOR ELECTIVE OFFICE, NOT LATER THAN TEN DAYS AFTER SUCH NOMINATION OR DESIGNATION, THAT SUCH OFFICE MAY BE SUBJECT TO CERTIFICATION REQUIREMENTS PURSUANT TO SECTION TEN OF THE PUBLIC OFFICERS LAW AND SUBJECT TO FINANCIAL AND TAX DISCLO- SURE REQUIREMENTS PURSUANT TO SECTION SEVENTY-THREE-A OF THE PUBLIC OFFICERS LAW. § 7. This act shall take effect immediately and shall apply to elections conducted and appointments made on or after such date. S. 7505--A 77 A. 9505--A PART UU Section 1. Section 172-b of the executive law is amended by adding a new subdivision 9 to read as follows: 9. ANY REGISTERED CHARITABLE ORGANIZATION THAT IS REQUIRED TO FILE AN ANNUAL FINANCIAL REPORT PURSUANT TO SUBDIVISION ONE OR TWO OF THIS SECTION, OR THAT IS REQUIRED TO FILE A FUNDING DISCLOSURE REPORT PURSU- ANT TO SECTION ONE HUNDRED SEVENTY-TWO-E OF THIS ARTICLE, AND/OR A FINANCIAL DISCLOSURE REPORT PURSUANT TO SECTION ONE HUNDRED SEVENTY-TWO-F OF THIS ARTICLE FOR A REPORTING PERIOD DURING THE APPLICA- BLE FISCAL YEAR SHALL ALSO BE REQUIRED TO FILE SUCH ANNUAL FINANCIAL REPORT, INCLUDING ALL REQUIRED FORMS AND ATTACHMENTS, WITH THE DEPART- MENT OF TAXATION AND FINANCE. § 1-a. Subdivision 2 of section 172-e of the executive law, as added by section 1 of part F of chapter 286 of the laws of 2016, is amended to read as follows: 2. Funding disclosure reports to be filed by covered entities. (a) Any covered entity that makes an in-kind donation in excess of [two] TEN thousand [five hundred] dollars to a recipient entity during a relevant reporting period shall file a funding disclosure report with the depart- ment of law. The funding disclosure report shall include: (i) the name and address of the covered entity that made the in-kind donation; (ii) the name and address of the recipient entity that received or benefitted from the in-kind donation; (iii) the names of any persons who exert operational or managerial control over the covered entity. The disclosures required by this para- graph shall include the name of at least one natural person; (iv) the date [the in-kind] SUCH donation was made by the covered entity; AND (v) [any donation in excess of two thousand five hundred dollars to the covered entity during the relevant reporting period including the identity of the donor of any such donation] A DETAILED DESCRIPTION OF THE IN-KIND DONATION, INCLUDING THE CHARITABLE PURPOSE ADVANCED BY SUCH DONATION, IF ANY, AND ANY RESTRICTIONS ON THE USE OF SUCH DONATION BY THE RECIPIENT ENTITY. [(vi) the date of any such donation to a covered entity.] (b) The covered entity shall file a funding disclosure report with the department of law AND THE DEPARTMENT OF TAXATION AND FINANCE within thirty days of the close of a reporting period. § 2. Subdivision 2 of section 172-f of the executive law, as added by section 1 of part G of chapter 286 of the laws of 2016, is amended to read as follows: 2. Disclosure of expenditures for covered communications. (a) Any covered entity that makes expenditures for covered communications in an aggregate amount or fair market value exceeding ten thousand dollars in a calendar year shall file a financial disclosure report with the department of law. The financial disclosure report shall include: (i) the name and address of the covered entity that made the expendi- ture for covered communications; (ii) the name or names of any individuals who exert operational or managerial control over the covered entity. The disclosures required by this paragraph shall include the name of at least one natural person; (iii) a DETAILED description of the covered communication; S. 7505--A 78 A. 9505--A (iv) the dollar amount paid for each covered communication, the name and address of the person or entity receiving the payment, and the date the payment was made; and [(iv)] (V) FOR ANY RESTRICTED DONATION RECEIVED BY THE COVERED ENTITY IN WHOLE OR IN PART FOR THE SUPPORT OF THE COVERED COMMUNICATION, the name and address of any individual, corporation, association, or group that made a donation [of one thousand dollars or more] to the covered entity and the date of such donation, AND THE AMOUNT OF THE DONATION, TOGETHER WITH A DESCRIPTION OF ANY RESTRICTION. (b) The covered entity shall file a financial disclosure report with the department of law AND THE DEPARTMENT OF TAXATION AND FINANCE within thirty days of the close of a reporting period. (c) If a covered entity keeps one or more segregated bank accounts containing funds used solely for covered communications and makes all of its expenditures for covered communications from such accounts, then with respect to donations included in subparagraph [(iv)] (V) of para- graph (a) of this subdivision, the financial report need only include donations deposited into such accounts. § 3. Section 172-e of the executive law is amended by adding a new subdivision 4 to read as follows: 4. IF A COVERED ENTITY'S OR RECIPIENT ENTITY'S ANNUAL REPORT FILED PURSUANT TO SECTION ONE HUNDRED SEVENTY-TWO OF THIS ARTICLE DOES NOT INCLUDE A COMPLETED INTERNAL REVENUE SERVICE FORM 990 SCHEDULE B AND THAT COVERED ENTITY MAKES, OR THAT RECIPIENT ENTITY RECEIVES, QUALIFYING DONATIONS PURSUANT TO SUBDIVISION TWO OF THIS SECTION, THAT ENTITY SHALL IN ADDITION TO FILING A DISCLOSURE WITH THE DEPARTMENT OF LAW, ALSO FILE WITH THE DEPARTMENT OF TAXATION AND FINANCE A COMPLETE INTERNAL REVENUE SERVICE FORM 990 SCHEDULE B, REGARDLESS OF WHETHER SUCH FORM IS SUBMIT- TED OR REQUIRED TO BE SUBMITTED TO THE INTERNAL REVENUE SERVICE. § 4. Section 172-f of the executive law is amended by adding a new subdivision 4 to read as follows: 4. IF A COVERED ENTITY'S ANNUAL REPORT FILED PURSUANT TO SECTION ONE HUNDRED SEVENTY-TWO OF THIS ARTICLE DOES NOT INCLUDE A COMPLETED INTER- NAL REVENUE SERVICE FORM 990 SCHEDULE B, THE ENTITY SHALL IN ADDITION TO FILING A DISCLOSURE WITH THE DEPARTMENT OF LAW, ALSO FILE WITH THE DEPARTMENT OF TAXATION AND FINANCE A COMPLETE INTERNAL REVENUE SERVICE FORM 990 SCHEDULE B, REGARDLESS OF WHETHER SUCH FORM IS SUBMITTED OR REQUIRED TO BE SUBMITTED TO THE INTERNAL REVENUE SERVICE. § 5. Section 171 of the tax law is amended by adding a new subdivision twenty-ninth to read as follows: TWENTY-NINTH. THE COMMISSIONER SHALL RECEIVE ALL ANNUAL REPORTS REQUIRED TO BE FILED WITH THE DEPARTMENT PURSUANT TO EITHER SUBDIVISION ONE OR TWO OF SECTION ONE HUNDRED SEVENTY-TWO-B OF THE EXECUTIVE LAW, SUBDIVISION FOUR OF SECTION ONE HUNDRED SEVENTY-TWO-E OF THE EXECUTIVE LAW, OR SUBDIVISION FOUR OF SECTION ONE HUNDRED SEVENTY-TWO-F OF THE EXECUTIVE LAW AND SHALL PUBLISH SUCH SCHEDULES ON THE DEPARTMENT'S WEBSITE. § 6. This act shall take effect on the thirtieth day after it shall have become a law. PART VV 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: S. 7505--A 79 A. 9505--A 1. DOL-Child performer protection account (20401). 2. Proprietary vocational school supervision account (20452). 3. Local government records management account (20501). 4. Child health plus program account (20810). 5. EPIC premium account (20818). 6. Education - New (20901). 7. VLT - Sound basic education fund (20904). 8. Sewage treatment program management and administration fund (21000). 9. Hazardous bulk storage account (21061). 10. Utility environmental regulatory account (21064). 11. Federal grants indirect cost recovery account (21065). 12. Low level radioactive waste account (21066). 13. Recreation account (21067). 14. Public safety recovery account (21077). 15. Environmental regulatory account (21081). 16. Natural resource account (21082). 17. Mined land reclamation program account (21084). 18. Great lakes restoration initiative account (21087). 19. Environmental protection and oil spill compensation fund (21200). 20. Public transportation systems account (21401). 21. Metropolitan mass transportation (21402). 22. Operating permit program account (21451). 23. Mobile source account (21452). 24. Statewide planning and research cooperative system account (21902). 25. New York state thruway authority account (21905). 26. Mental hygiene program fund account (21907). 27. Mental hygiene patient income account (21909). 28. Financial control board account (21911). 29. Regulation of racing account (21912). 30. State university dormitory income reimbursable account (21937). 31. Criminal justice improvement account (21945). 32. Environmental laboratory reference fee account (21959). 33. Training, management and evaluation account (21961). 34. Clinical laboratory reference system assessment account (21962). 35. Indirect cost recovery account (21978). 36. High school equivalency program account (21979). 37. Multi-agency training account (21989). 38. Bell jar collection account (22003). 39. Industry and utility service account (22004). 40. Real property disposition account (22006). 41. Parking account (22007). 42. Courts special grants (22008). 43. Asbestos safety training program account (22009). 44. Camp Smith billeting account (22017). 45. Batavia school for the blind account (22032). 46. Investment services account (22034). 47. Surplus property account (22036). 48. Financial oversight account (22039). 49. Regulation of Indian gaming account (22046). 50. Rome school for the deaf account (22053). 51. Seized assets account (22054). 52. Administrative adjudication account (22055). 53. Federal salary sharing account (22056). 54. New York City assessment account (22062). S. 7505--A 80 A. 9505--A 55. Cultural education account (22063). 56. Local services account (22078). 57. DHCR mortgage servicing account (22085). 58. Housing indirect cost recovery account (22090). 59. DHCR-HCA application fee account (22100). 60. Low income housing monitoring account (22130). 61. Corporation administration account (22135). 62. New York State Home for Veterans in the Lower-Hudson Valley account (22144). 63. Deferred compensation administration account (22151). 64. Rent revenue other New York City account (22156). 65. Rent revenue account (22158). 66. Tax revenue arrearage account (22168). 67. New York state medical indemnity fund account (22240). 68. State university general income offset account (22654). 69. Lake George park trust fund account (22751). 70. State police motor vehicle law enforcement account (22802). 71. Highway safety program account (23001). 72. DOH drinking water program account (23102). 73. NYCCC operating offset account (23151). 74. Commercial gaming revenue account (23701). 75. Commercial gaming regulation account (23702). 76. Highway use tax administration account (23801). 77. New York state secure choice administrative account (23806). 78. Fantasy sports administration account (24951). 79. Highway and bridge capital account (30051). 80. Aviation purpose account (30053). 81. State university residence hall rehabilitation fund (30100). 82. State parks infrastructure account (30351). 83. Clean water/clean air implementation fund (30500). 84. Hazardous waste remedial cleanup account (31506). 85. Youth facilities improvement account (31701). 86. Housing assistance fund (31800). 87. Housing program fund (31850). 88. Highway facility purpose account (31951). 89. Information technology capital financing account (32215). 90. New York racing account (32213). 91. Capital miscellaneous gifts account (32214). 92. New York environmental protection and spill remediation account (32219). 93. Mental hygiene facilities capital improvement fund (32300). 94. Correctional facilities capital improvement fund (32350). 95. New York State Storm Recovery Capital Fund (33000). 96. OGS convention center account (50318). 97. Empire Plaza Gift Shop (50327). 98. Centralized services fund (55000). 99. Archives records management account (55052). 100. Federal single audit account (55053). 101. Civil service EHS occupational health program account (55056). 102. Banking services account (55057). 103. Cultural resources survey account (55058). 104. Neighborhood work project account (55059). 105. Automation & printing chargeback account (55060). 106. OFT NYT account (55061). 107. Data center account (55062). 108. Intrusion detection account (55066). S. 7505--A 81 A. 9505--A 109. Domestic violence grant account (55067). 110. Centralized technology services account (55069). 111. Labor contact center account (55071). 112. Human services contact center account (55072). 113. Tax contact center account (55073). 114. Department of law civil recoveries account (55074). 115. Executive direction internal audit account (55251). 116. CIO Information technology centralized services account (55252). 117. Health insurance internal service account (55300). 118. Civil service employee benefits division administrative account (55301). 119. Correctional industries revolving fund (55350). 120. Employees health insurance account (60201). 121. Medicaid management information system escrow fund (60900). 122. New York state cannabis revenue fund. 123. Behavioral health parity compliance fund. § 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). § 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, 2021, up to the unencumbered balance or the follow- ing amounts: Economic Development and Public Authorities: 1. $175,000 from the miscellaneous special revenue fund, underground facilities safety training account (22172), to the general fund. 2. An amount up to the unencumbered balance from the miscellaneous special revenue fund, business and licensing services account (21977), to the general fund. 3. $14,810,000 from the miscellaneous special revenue fund, code enforcement account (21904), to the general fund. 4. $3,000,000 from the general fund to the miscellaneous special revenue fund, tax revenue arrearage account (22168). Education: 1. $2,487,000,000 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. $978,000,000 from the general fund to the state lottery fund, VLT education account (20904), as reimbursement for disbursements made from such fund for supplemental aid to education pursuant to section 92-c of S. 7505--A 82 A. 9505--A 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. $168,000,000 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. $5,000,000 from the interactive fantasy sports fund, fantasy sports education account (24950), 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. 5. An amount up to the unencumbered balance from the charitable gifts trust fund, elementary and secondary education account (24901), to the general fund, for payment of general support for public schools pursuant to section 3609-a of the education law. 6. 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. 7. $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). 8. $900,000 from the general fund to the miscellaneous special revenue fund, Batavia school for the blind account (22032). 9. $900,000 from the general fund to the miscellaneous special revenue fund, Rome school for the deaf account (22053). 10. $343,400,000 from the state university dormitory income fund (40350) to the miscellaneous special revenue fund, state university dormitory income reimbursable account (21937). 11. $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. 12. $47,000,000 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, 2020 through March 31, 2021. 13. $25,390,000 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 (32222). 14. $24,000,000 from any of the state education department's special revenue and internal service funds to the miscellaneous special revenue fund, indirect cost recovery account (21978). 15. $4,200,000 from any of the state education department's special revenue or internal service funds to the capital projects fund (30000). 16. $1,500,000 from the miscellaneous special revenue fund, office of the professions account (22051), to the general fund from fees charged to each non-licensee owner of a firm that is incorporating as a profes- sional service corporation formed to lawfully engage in the practice of public accountancy. Environmental Affairs: 1. $16,000,000 from any of the department of environmental conserva- tion's special revenue federal funds to the environmental conservation special revenue fund, federal indirect recovery account (21065). S. 7505--A 83 A. 9505--A 2. $5,000,000 from any of the department of environmental conserva- tion's special revenue federal funds to the conservation fund (21150) or Marine Resources Account (21151) 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. $1,800,000 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) for services and capital expenses related to the management and cleanup program as put forth in section 27-1915 of the environmental conservation law. 8. $3,600,000 from the miscellaneous special revenue fund, public service account (22011) to the miscellaneous special revenue fund, util- ity environmental regulatory account (21064). 9. $4,000,000 from the general fund to the enterprise fund, state fair account (50051). 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. $125,000,000 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. $35,000,000 from any of the office of children and family services, office of temporary and disability assistance, department of labor, and department of health special revenue federal funds to the office of children and family services miscellaneous special revenue fund, multi- agency training contract account (21989). 7. $205,000,000 from the miscellaneous special revenue fund, youth facility per diem account (22186), to the general fund. S. 7505--A 84 A. 9505--A 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. 10. $600,000 from the miscellaneous special revenue fund, veterans remembrance and cemetery maintenance and operation fund (20201), to the capital projects fund (30000). General Government: 1. $1,566,000 from the miscellaneous special revenue fund, examination and miscellaneous revenue account (22065) to the general fund. 2. $12,000,000 from the general fund to the health insurance revolving fund (55300). 3. $292,400,000 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 agencies enterprise fund, parking services account (22007), to the general fund, for the purpose of reimbursing the costs of debt service related to state parking facilities. 10. $9,628,000 from the general fund to the centralized services fund, COPS account (55013). 11. $11,460,000 from the general fund to the agencies internal service fund, central technology services account (55069), for the purpose of enterprise technology projects. 12. $10,000,000 from the general fund to the agencies internal service fund, state data center account (55062). 13. $20,000,000 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). 14. $12,000,000 from the agencies enterprise fund, parking services account (22007), to the centralized services, building support services account (55018). 15. $30,000,000 from the general fund to the internal service fund, business services center account (55022). 16. $8,000,000 from the general fund to the internal service fund, building support services account (55018). 17. $1,500,000 from the agencies enterprise fund, special events account (20120), to the general fund. 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 S. 7505--A 85 A. 9505--A 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. An amount up to the unencumbered balance from the miscellaneous special revenue fund, certificate of need account (21920), to the gener- al fund. 11. An amount up to the unencumbered balance from the charitable gifts trust fund, health charitable account (24900), to the general fund, for payment of general support for primary, preventive, and inpatient health care, dental and vision care, hunger prevention and nutritional assist- ance, and other services for New York state residents with the overall goal of ensuring that New York state residents have access to quality health care and other related services. 12. $3,000,000 from the miscellaneous special revenue fund, New York State cannabis revenue fund, to the general fund. Labor: 1. $600,000 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. $3,800,000 from the general fund, to the agencies internal service fund, civil service EHS occupational health program account (55056). 3. $3,000,000 from the chemical dependence service fund, substance abuse services fund account (22700), to the mental hygiene capital improvement fund (32305). Public Protection: 1. $1,350,000 from the miscellaneous special revenue fund, emergency management account (21944), to the general fund. S. 7505--A 86 A. 9505--A 2. $2,087,000 from the general fund to the miscellaneous special revenue fund, recruitment incentive account (22171). 3. $22,773,000 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. $11,149,000 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. $120,500,000 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. 14. $25,000,000 from the miscellaneous special revenue fund, statewide public safety communications account (22123), to the general fund. Transportation: 1. $31,000,000 from the general fund to the MTA financial assistance fund, mobility tax trust account (23651) for disbursements related to part NN of chapter 54 of the laws of 2016. 2. $20,000,000 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. 3. $727,500,000 from the general fund to the dedicated highway and bridge trust fund (30050). 4. $244,250,000 from the general fund to the MTA financial assistance fund, mobility tax trust account (23651). 5. $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. 6. $3,000,000 from the miscellaneous special revenue fund, traffic adjudication account (22055), to the general fund. 7. $11,721,000 from the mass transportation operating assistance fund, metropolitan mass transportation operating assistance account (21402), to the capital projects fund (30000). S. 7505--A 87 A. 9505--A 8. $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. $15,500,000 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, 2021: 1. Upon request of the commissioner of environmental conservation, up to $12,745,400 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 $1,834,600 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 $13,225,000 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, 2021, 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 S. 7505--A 88 A. 9505--A 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, 2021, 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, 2021, 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, 2021. § 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 $1,019,748,300 from the general fund to the state university income fund, state university general revenue offset account (22655) during the period of July 1, 2020 through June 30, 2021 to support operations at the state university. § 10. Notwithstanding any law to the contrary, and in accordance with section 4 of the state finance law, the comptroller is hereby authorized and directed to transfer, upon request of the director of the budget, up to $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, 2020 to June 30, 2021 to support operations at the state university in accordance with the maintenance of effort pursuant to 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 $55,000,000 from the state university income fund, state university hospitals income reimbursable account (22656), for services and expenses of hospital operations and capital expenditures at the state university hospitals; and the state university income fund, Long Island veterans' home account (22652) to the state university capital projects fund (32400) on or before June 30, 2021. § 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 S. 7505--A 89 A. 9505--A 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, 2021. § 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, at the request of the director of the budget, up to $650 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 2020-21 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. § 15. Notwithstanding any law to the contrary, and in accordance with section 4 of the state finance law, the comptroller is hereby authorized and directed to transfer, at the request of the director of the budget, up to $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, the federal capital projects account (31350), information technol- ogy capital financing account (32215), or the centralized technology services account (55069), for the purpose of consolidating technology procurement and services. The amounts transferred 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 technology costs which are attributable, according to a plan, to such account made in pursuance to an appropriation by law. Transfers to the technology financing account shall be completed from amounts collected by non-general funds or S. 7505--A 90 A. 9505--A accounts pursuant to a fund deposit schedule or permanent statute, and shall be transferred to the technology financing account pursuant to a schedule agreed upon by the affected agency commissioner. Transfers from funds that would result in the loss of eligibility for federal benefits or federal funds pursuant to federal law, rule, or regulation as 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. § 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 $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. § 17. 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, 2020, the proceeds of which will be utilized to support energy-related state activities. § 18. 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, 2021: (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. § 19. Notwithstanding any provision of law, rule or regulation to the contrary, the New York state energy research and development authority is authorized and directed to transfer five million dollars to the cred- it of the Environmental Protection Fund on or before March 31, 2021 from proceeds collected by the authority from the auction or sale of carbon dioxide emission allowances allocated by the department of environmental conservation. § 20. Subdivision 5 of section 97-rrr of the state finance law, as amended by section 21 of part TTT of chapter 59 of the laws of 2019, 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 [nineteen] TWENTY, 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 S. 7505--A 91 A. 9505--A [$2,185,995,000] $1,999,516,000, 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 [nineteen] TWENTY. § 21. 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, 2021, 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. $7,300,000 from the miscellaneous special revenue fund, state university general income reimbursable account (22653). 9. $132,000,000 from the miscellaneous special revenue fund, state university revenue offset account (22655). 10. $48,000,000 from the state university dormitory income fund, state university dormitory income fund (40350). 11. $1,000,000 from the miscellaneous special revenue fund, litigation settlement and civil recovery account (22117). § 22. Notwithstanding any provision of law to the contrary, in the event that federal legislation, federal regulatory actions, federal executive actions or federal judicial actions in federal fiscal year 2021 reduce federal financial participation in Medicaid funding to New York state or its subdivisions by $850 million or more in state fiscal years 2020-21 or 2021-22, 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 activ- ities 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 legisla- ture shall have 90 days after such submission to either prepare its own plan, which may be adopted by concurrent resolution passed by both hous- es, or if after 90 days the legislature fails to adopt their own plan, the reductions to the general fund and state special revenue fund appro- priations and related disbursements identified in the division of the budget plan will go into effect automatically. S. 7505--A 92 A. 9505--A § 23. Notwithstanding any provision of law to the contrary, in the event that federal legislation, federal regulatory actions, federal executive actions or federal judicial actions in federal fiscal year 2021 reduce federal financial participation or other federal aid in funding to New York state that affects the state operating funds finan- cial plan by $850 million or more in state fiscal years 2020-21 or 2021-22, 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) iden- tify 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 disburse- ments 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 appropriations and related disbursements identified in the division of the budget plan will go into effect automatically. § 24. Notwithstanding any provision of law to the contrary, if the financial plan required under sections twenty-two or twenty-three of this article estimates that the General Fund is reasonably anticipated to end the fiscal year with an imbalance of $500 million or more, the director of the division of the budget shall prepare a plan that shall be submitted to the legislature, which shall identify the general fund and state special revenue fund aid to localities appropriations and related disbursements that may be reduced to eliminate the imbalance identified in the General Fund, provided, however, that the total reduction in disbursements identified in such plan shall not exceed an amount equal to 1.0 percent of estimated disbursements in state operat- ing funds for fiscal year 2020-2021. The legislature shall have 30 days after such submission to either prepare its own plan, which may be adopted by concurrent resolution passed by both houses and implemented by the division of the budget, of if after 30 days the legislature fails to adopt its own plan, the reductions to the general fund and state special revenue fund aid to localities appropriations and related disbursements identified in the division of the budget plan will go into effect automatically. To the extent the State is obligated to make payment to any individual or entity pursuant to any appropriation to which an adjustment or reduction is applied in accordance with this section, such obligation shall be reduced commensurate with any adjust- ments or reductions made by the director of the budget and/or by the legislature. The following types of appropriations shall be exempt from reduction in any plan prepared by the budget director and/or any plan adopted by the legislature: (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 S. 7505--A 93 A. 9505--A obligation; and (d) payments the state is obligated to make pursuant to court orders or judgments. § 25. Subdivision 6 of section 4 of the state finance law, as amended by section 25 of part BBB of chapter 59 of the laws of 2018, is amended to read as follows: 6. Notwithstanding any law to the contrary, at the beginning of the state fiscal year, the state comptroller is hereby authorized and directed to receive for deposit to the credit of a fund and/or an account such monies as are identified by the director of the budget as having been intended for such deposit to support disbursements from such fund and/or account made in pursuance of an appropriation by law. As soon as practicable upon enactment of the budget, the director of the budget shall, but not less than three days following preliminary submission to the chairs of the senate finance committee and the assem- bly ways and means committee, file with the state comptroller an iden- tification of specific monies to be so deposited. Any subsequent change regarding the monies to be so deposited shall be filed by the director of the budget, as soon as practicable, but not less than three days following preliminary submission to the chairs of the senate finance committee and the assembly ways and means committee. All monies identified by the director of the budget to be deposited to the credit of a fund and/or account shall be consistent with the intent of the budget for the then current state fiscal year as enacted by the legislature. [The provisions of this subdivision shall expire on March thirty- first, two thousand twenty.] § 26. Subdivision 4 of section 40 of the state finance law, as amended by section 26 of part BBB of chapter 59 of the laws of 2018, 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 twenty.] § 27. 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 S. 7505--A 94 A. 9505--A 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. § 28. 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 28 of part TTT of chapter 59 of the laws of 2019, 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 [eight billion four hundred ninety-four million nine hundred seventy-nine thousand] EIGHT BILLION EIGHT HUNDRED SEVENTEEN MILLION TWO HUNDRED NINETY-NINE THOUSAND dollars [$8,494,979,000] $8,817,299,000, and shall include all bonds, notes and other obligations issued pursuant to chapter 56 of the laws of 1983, as amended or supplemented. The proceeds of such bonds, notes or other obligations shall be paid to the state, for deposit in the correctional facilities capital improvement fund to pay for all or any portion of the amount or amounts paid by the state from appropriations or reappropri- ations made to the department of corrections and community supervision from the correctional facilities capital improvement fund for capital projects. The aggregate amount of bonds, notes or other obligations authorized to be issued pursuant to this section shall exclude bonds, notes or other obligations issued to refund or otherwise repay bonds, notes or other obligations theretofore issued, the proceeds of which were paid to the state for all or a portion of the amounts expended by the state from appropriations or reappropriations made to the department of corrections and community supervision; provided, however, that upon any such refunding or repayment the total aggregate principal amount of outstanding bonds, notes or other obligations may be greater than [eight billion four hundred ninety-four million nine hundred seventy-nine thou- sand] EIGHT BILLION EIGHT HUNDRED SEVENTEEN MILLION TWO HUNDRED NINETY- NINE THOUSAND dollars [$8,494,979,000] $8,817,299,000, only if the pres- ent 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 repay- ment 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 corporation including esti- mated accrued interest from the sale thereof. § 29. Subdivision (a) of section 27 of part Y of chapter 61 of the laws of 2005, relating to providing for the administration of certain funds and accounts related to the 2005-2006 budget, as amended by S. 7505--A 95 A. 9505--A section 32 of part TTT of chapter 59 of the laws of 2019, 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 [two hundred seventy-one million six hundred thousand] THREE HUNDRED TWENTY- THREE MILLION ONE HUNDRED THOUSAND dollars [$271,600,000] $323,100,000, excluding bonds issued to finance one or more debt service reserve funds, to pay costs of issuance of such bonds, and bonds or notes issued to refund or otherwise repay such bonds or notes previously issued, for the purpose of financing capital projects including IT initiatives for the division of state police, debt service and leases; and to reimburse the state general fund for disbursements made therefor. Such bonds and notes of such authorized issuer shall not be a debt of the state, and the state shall not be liable thereon, nor shall they be payable out of any funds other than those appropriated by the state to such authorized issuer for debt service and related expenses pursuant to any service contract executed pursuant to 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. § 30. Subdivision 3 of section 1285-p of the public authorities law, as amended by section 35 of part TTT of chapter 59 of the laws of 2019, 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 [five billion six hundred thirty-eight million ten thousand] SIX BILLION THREE HUNDRED SEVENTY-FOUR MILLION TEN THOUSAND dollars [$5,638,010,000] $6,374,010,000, 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. § 31. 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 36 of part TTT of chapter 59 of the laws of 2019, 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 [two hundred eighty-six million] THREE HUNDRED FOURTEEN MILLION dollars [$286,000,000] $314,000,000, excluding bonds issued to fund one or more debt service reserve funds, to pay costs of issuance of such bonds, and bonds or notes issued to refund or otherwise repay such bonds or notes previously issued, for the purpose of financing capital costs related to homeland security and training facilities for the division of state police, the division of military and naval affairs, and any other S. 7505--A 96 A. 9505--A 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 [$952,800,000 nine hundred fifty-two million eight hundred thou- sand] $1,115,800,000 ONE BILLION ONE HUNDRED FIFTEEN 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. § 32. Paragraph (c) of subdivision 19 of section 1680 of the public authorities law, as amended by section 38 of part TTT of chapter 59 of the laws of 2019, 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 [thirteen billion eight hundred forty-one million eight hundred sixty-four thousand] FOURTEEN BILLION SEVEN HUNDRED FORTY-ONE MILLION EIGHT HUNDRED SIXTY-FOUR THOUSAND dollars [$13,841,864,000] $14,741,864,000; 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 thereby; provided, further that upon certification by the director of the budget that the issuance of refunding bonds or other obligations issued between April first, nineteen hundred ninety-two and March thirty-first, nineteen hundred ninety-three will generate long term economic benefits to the state, as assessed on a present value basis, such issuance will be deemed to have met the present value test noted above. For purposes of this subdivision, the present value of the aggregate debt service of the refunding bonds and the aggregate debt service of the bonds refunded, shall be calculated by utilizing the true interest cost of the refunding bonds, which shall be that rate arrived at by doubling the semi-annual interest rate (compounded semi-annually) necessary to discount the debt service payments on the refunding bonds from the payment dates thereof to the date of issue of the refunding bonds to the purchase price of the refunding bonds, including interest accrued thereon prior to the issuance thereof. The maturity of such bonds, other than bonds issued to refund outstanding bonds, shall not exceed the weighted average economic life, as certified by the state university construction fund, of the facilities in connection with which S. 7505--A 97 A. 9505--A the bonds are issued, and in any case not later than the earlier of thirty years or the expiration of the term of any lease, sublease or other agreement relating thereto; provided that no note, including renewals thereof, shall mature later than five years after the date of issuance of such note. The legislature reserves the right to amend or repeal such limit, and the state of New York, the dormitory authority, the state university of New York, and the state university construction fund are prohibited from covenanting or making any other agreements with or for the benefit of bondholders which might in any way affect such right. § 33. Paragraph (c) of subdivision 14 of section 1680 of the public authorities law, as amended by section 39 of part TTT of chapter 59 of the laws of 2019, 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 [eight billion six hundred seventy- four million two hundred fifty-six thousand] NINE BILLION TWO HUNDRED TWENTY-TWO MILLION SEVEN HUNDRED THIRTY-TWO THOUSAND dollars [$8,674,256,000 ] $9,222,732,000. 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 coven- anting or making any other agreements with or for the benefit of bond- holders which might in any way affect such right. § 34. Subdivision 10-a of section 1680 of the public authorities law, as amended by section 40 of part TTT of chapter 59 of the laws of 2019, 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 [one billion five million six hundred two thousand] ONE BILLION FIFTY-ONE MILLION SIX HUNDRED FORTY THOUSAND dollars [$1,005,602,000] $1,051,640,000. 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 S. 7505--A 98 A. 9505--A notes, issued on behalf of the state, relating to a locally sponsored community college. § 35. Subdivision 1 of section 17 of part D of chapter 389 of the laws of 1997, relating to the financing of the correctional facilities improvement fund and the youth facility improvement fund, as amended by section 41 of part TTT of chapter 59 of the laws of 2019, 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 eight hundred [four] FORTY million [six] THREE hundred fifteen thousand dollars [$804,615,000] $840,315,000, which authorization increases the aggregate principal amount of bonds, notes and other obligations authorized 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 deposit in the youth facili- ties 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 eight hundred [four] FORTY million [six] THREE hundred fifteen thousand dollars [$804,615,000] $840,315,000, 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. § 36. Paragraph b of subdivision 2 of section 9-a of section 1 of chapter 392 of the laws of 1973, constituting the New York state medical care facilities finance agency act, as amended by section 42 of part TTT of chapter 59 of the laws of 2019, 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, S. 7505--A 99 A. 9505--A 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 [nine billion three hundred thirty-three million three hundred eight thousand] NINE BILLION NINE HUNDRED TWENTY-SEVEN MILLION TWO HUNDRED SEVENTY-SIX THOUSAND dollars [$9,333,308,000] $9,927,276,000, excluding 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 [nine billion three hundred thirty-three million three hundred eight thousand] NINE BILLION NINE HUNDRED TWENTY-SEVEN MILLION TWO HUNDRED SEVENTY-SIX THOUSAND dollars [$9,333,308,000] $9,927,276,000, 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 S. 7505--A 100 A. 9505--A 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] ADDICTION SERVICES AND SUPPORTS, in consultation with their respective commissioners to finance bondable appropriations previously approved by the legislature. § 37. 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 43 of part TTT of chapter 59 of the laws of 2019, 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 [ninety-two million] ONE HUNDRED FIFTY-SEVEN MILLION dollars [$92,000,000] $157,000,000, exclud- ing 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. § 38. Section 53 of section 1 of chapter 174 of the laws of 1968, constituting the New York state urban development corporation act, as added by section 46 of part TTT of chapter 59 of the laws of 2019, is amended to read as follows: § 53. 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 acquisition of equipment, including but not limited to the creation or modernization of informa- tion technology systems and related research and development equipment, health and safety equipment, heavy equipment and machinery, the creation S. 7505--A 101 A. 9505--A or improvement of security systems, and laboratory equipment 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 [ninety-three million] ONE HUNDRED NINETY-THREE MILLION dollars [$93,000,000] $193,000,000, 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 dormitory authority and the urban development corporation shall not be a debt of the state, and the state shall not be liable thereon, nor shall they be payable out of any funds other than those appropriated by the state to the dormitory authority and the urban development corporation for prin- cipal, interest, and related expenses pursuant to a service contract and such bonds and notes shall contain on the face thereof a statement to such effect. Except for purposes of complying with the internal revenue code, any interest income earned on bond proceeds shall only be used to pay debt service on such bonds. 2. Notwithstanding any other provision of law to the contrary, in order to assist the dormitory authority and the urban development corpo- ration in undertaking the financing for project costs for the acquisi- tion of equipment, including but not limited to the creation or modern- ization of information technology systems and related research and development equipment, health and safety equipment, heavy equipment and machinery, the creation or improvement of security systems, and labora- tory equipment and other state costs associated with such capital projects, the director of the budget is hereby authorized to enter into one or more service contracts with the dormitory authority and the urban development corporation, none of which shall exceed thirty years in duration, upon such terms and conditions as the director of the budget and the dormitory authority and the urban development corporation agree, so as to annually provide to the dormitory authority and the urban development corporation, in the aggregate, a sum not to exceed the prin- cipal, interest, and related expenses required for such bonds and notes. Any service contract entered into pursuant to this section shall provide that the obligation of the state to pay the amount therein provided shall not constitute a debt of the state within the meaning of any constitutional or statutory provision and shall be deemed executory only to the extent of monies available and that no liability shall be incurred by the state beyond the monies available for such purpose, subject to annual appropriation by the legislature. Any such contract or any payments made or to be made thereunder may be assigned and pledged by the dormitory authority and the urban development corporation as security for its bonds and notes, as authorized by this section. § 39. 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 1 of part K of chapter 39 of the laws of 2019, 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 S. 7505--A 102 A. 9505--A state for funding such projects having a cost not in excess of [ten billion eight hundred five million seven hundred seventy-eight thousand] ELEVEN BILLION TWO HUNDRED EIGHTY-THREE MILLION FIVE HUNDRED SEVENTY- FIVE THOUSAND dollars [$10,805,778,000] $11,283,575,000 cumulatively by the end of fiscal year [2019-20] 2020-21. § 40. Subdivision 1 of section 1689-i of the public authorities law, as amended by section 2 of part K of chapter 39 of the laws of 2019, 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 two hundred [fifty-one] SIXTY-FIVE million dollars [$251,000,000] $265,000,000. § 41. 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 3 of part K of chapter 39 of the laws of 2019, is amended to read as follows: § 44. Issuance of certain bonds or notes. 1. Notwithstanding the provisions of any other law to the contrary, the dormitory authority and the corporation are hereby authorized to issue bonds or notes in one or more series for the purpose of funding project costs for the regional economic development council initiative, the economic transformation program, state university of New York college for nanoscale and science engineering, projects within the city of Buffalo or surrounding envi- rons, the New York works economic development fund, projects for the retention of professional football in western New York, the empire state economic development fund, the clarkson-trudeau partnership, the New York genome center, the cornell university college of veterinary medi- cine, the olympic regional development authority, projects at nano Utica, onondaga county revitalization projects, Binghamton university school of pharmacy, New York power electronics manufacturing consortium, regional infrastructure projects, high 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, Roosevelt Island operating corporation capital projects, Lake Ontario regional projects, Pennsylvania station and other transit projects and other state costs associated with such projects. The aggregate principal amount of bonds authorized to be issued pursuant to this section shall not exceed [nine billion eight hundred twenty-one million six hundred thirty-six thousand] TEN BILLION THREE HUNDRED THIRTY-FOUR MILLION EIGHT HUNDRED FIFTY-ONE THOUSAND dollars [$9,821,636,000] $10,334,851,000, 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 S. 7505--A 103 A. 9505--A 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, New York State Capital Assistance Program for Transportation, infrastructure, and economic development, high tech innovation and economic development infrastructure program, high tech- nology manufacturing projects in Chautauqua and Erie county, an indus- trial scale research and development facility in Clinton county, upstate revitalization initiative 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, Roosevelt Island operating corporation capital projects, Lake Ontario regional projects, Pennsylvania station and other transit 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 S. 7505--A 104 A. 9505--A authority and the corporation as security for its bonds and notes, as authorized by this section. § 42. Subdivision 1 of section 386-b of the public authorities law, as amended by section 4 of part K of chapter 39 of the laws of 2019, 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 six hundred forty-eight million] SIX BILLION NINE HUNDRED FORTY-TWO MILLION FOUR HUNDRED SIXTY-THREE THOUSAND dollars [$4,648,000,000] $6,942,463,000, 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. § 43. Paragraph (a) of subdivision 2 of section 47-e of the private housing finance law, as amended by section 8 of part K of chapter 39 of the laws of 2019, 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 [six billion two hundred ninety million five hundred ninety-nine thousand] SIX BILLION FIVE HUNDRED THIRTY-ONE MILLION FIVE HUNDRED TWENTY-THREE THOUSAND dollars [$6,290,599,000] $6,531,523,000, 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 S. 7505--A 105 A. 9505--A appropriated to maintain or restore such reserve fund at or to a partic- ular level, except to the extent of any deficiency resulting directly or indirectly from a failure of the state to appropriate or pay the agreed amount under any of the contracts provided for in subdivision four of this section. § 44. Subdivision 1 of section 50 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 5 of part K of chapter 39 of the laws of 2019, 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 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, communi- ty centers, day care facilities, residential camps, day camps, 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 hundred [thirty] FIFTY-FIVE million dollars [$130,000,000] $155,000,000, 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 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. §45. 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 27 of part TTT of chapter 59 of the laws of 2019, 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 [six] EIGHT hundred [seventy-seven] THIRTY million [three hundred] fifty-four thousand dollars, [$677,354,000] $830,054,000 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 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 S. 7505--A 106 A. 9505--A income earned on bond proceeds shall only be used to pay debt service on such bonds. § 46. 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.] § 47. Section 2 of the state finance law is amended by adding a new subdivision 1-a to read as follows: 1-A. "BUSINESS DAY". ANY DAY OF THE YEAR WHICH IS NOT A SATURDAY, SUNDAY OR LEGAL HOLIDAY IN THE STATE OF NEW YORK AND NOT A DAY ON WHICH BANKS ARE AUTHORIZED OR OBLIGATED TO BE CLOSED IN THE CITY OF NEW YORK. § 48. Paragraph a of subdivision 4 of section 57 of the state finance law, as amended by section 39 of part JJ of chapter 56 of the laws of 2010, is amended to read as follows: a. Such bonds shall be sold at par, at par plus a premium, or at a discount to the bidder offering the lowest interest cost to the state, taking into consideration any premium or discount and, in the case of refunding bonds, the bona fide initial public offering price, not less than [four nor more than fifteen days, Sundays excepted,] TWO BUSINESS DAYS after THE PUBLICATION OF a notice of [such] sale [has been published] at least once in a definitive trade publication of the munic- ipal bond industry published on each business day in the state of New York which is generally available IN ELECTRONIC OR PHYSICAL FORM to participants in the municipal bond industry, which notice shall state the terms of the sale. The comptroller may not change the terms of the sale unless notice of such change is sent via a definitive trade wire service of the municipal bond industry which, in general, makes avail- able information regarding activity and sales of municipal bonds and is generally available to participants in the municipal bond industry, at least one hour prior to the time of the sale as set forth in the original notice of sale. In so changing the terms or conditions of a sale the comptroller may send notice by such wire service that the sale will be delayed by up to thirty days, provided that wire notice of the new sale date will be given at least one business day prior to the new time when bids will be accepted. In such event, no new notice of sale shall be required to be published. Notwithstanding the provisions of section three hundred five of the state technology law or any other law, if the notice of sale contains a provision that bids will only be accepted electronically in the manner provided in such notice of sale, the comptroller shall not be required to accept non-electronic bids in any form. Advertisements shall contain a provision to the effect that the state comptroller, in his or her discretion, may reject any or all S. 7505--A 107 A. 9505--A bids made in pursuance of such advertisements, and in the event of such rejection, the state comptroller is authorized to negotiate a private sale or readvertise for bids in the form and manner above described as many times as, in his or her judgment, may be necessary to effect a satisfactory sale. Notwithstanding the foregoing provisions of this paragraph, whenever in the judgment of the comptroller the interests of the state will be served thereby, he or she may sell state bonds at private sale at par, at par plus a premium, or at a discount. The comp- troller shall promulgate regulations governing the terms and conditions of any such private sales, which regulations shall include a provision that he or she give notice to the governor, the temporary president of the senate, and the speaker of the assembly, of his or her intention to conduct a private sale of obligations pursuant to this section not less than [five] TWO BUSINESS days prior to such sale or the execution of any binding agreement to effect such sale. § 49. Subdivision (a) of section 211 of the civil practice law and rules, as amended by chapter 267 of the laws of 1970, is amended to read as follows: (a) On a bond. An action to recover principal or interest upon a writ- ten instrument evidencing an indebtedness of the state of New York or of any person, association or public or private corporation, originally sold by the issuer after publication of an advertisement for bids for the issue in [a newspaper of general circulation] ELECTRONIC OR PHYSICAL FORM and secured only by a pledge of the faith and credit of the issuer, regardless of whether a sinking fund is or may be established for its redemption, must be commenced within twenty years after the cause of action accrues. This subdivision does not apply to actions upon written instruments evidencing an indebtedness of any corporation, association or person under the jurisdiction of the public service commission, the commissioner of transportation, the interstate commerce commission, the federal communications commission, the civil aeronautics board, the federal power commission, or any other regulatory commission or board of a state or of the federal government. This subdivision applies to all causes of action, including those barred on April eighteenth, nineteen hundred fifty, by the provisions of the civil practice act then effec- tive. § 50. The opening paragraph of subdivision 9 of section 8 of the state finance law, as separately amended by chapters 405 and 957 of the laws of 1981, is amended to read as follows: Make a report to the legislature prior to the convening of its annual session, containing a complete statement of every fund of the state including every fund under the supervision or control of any department or any officer or division, bureau, commission, board or other organiza- tion therein from whatever source derived and whether or not deposited in the treasury, other than the funds of moneyed corporations or private bankers in liquidation or rehabilitation, together with a citation of the statute authorizing the creation or establishment of each such fund, all balances of money and receipts and disbursements during the preced- ing fiscal year PRESENTED IN ACCORDANCE WITH THE ACCOUNTING PRINCIPLES, POLICIES, AND LEGISLATIVE INTENT, INCLUDING BUT NOT LIMITED TO REFUNDS OF APPROPRIATION, SET FORTH IN A BUDGET BILL ENACTED IN ACCORDANCE WITH ARTICLE VII OF THE STATE CONSTITUTION, a statement of each object of disbursement, the funds, if any, from which paid or to be paid, a sched- ule by month of the investments of cash not needed for day to day oper- ations including but not limited to total investment income, the average daily invested balance and related yields for each fund, and a statement S. 7505--A 108 A. 9505--A of all claims against the state presented to him where no provision or an insufficient provision for the payment thereof has been made by law, with the facts relating thereto and his opinion thereon, and suggesting plans for the improvement and management of the public resources, and containing such other information and recommendations relating to the fiscal affairs of the state, as in his judgment should be communicated to the legislature, provided that: § 51. Paragraph a of subdivision 9-a of section 8 of the state finance law, as amended by chapter 551 of the laws of 1989, is amended to read as follows: a. Issue, on or before the fifteenth day of each month and cause to be published in the state register, a report including (1) a summary of the preceding month's investments of cash not needed for day to day oper- ations including but not limited to total investment income, the average daily investment balance and related yield; and (2) a statement setting forth briefly the several receipts of and disbursements from the general fund during the preceding month, and also the total of such receipts and disbursements from the beginning of the fiscal year to the close of such preceding month and the cash balance of the general fund, exclusive of receipts and disbursements on account of temporary borrowing, at the close of such preceding month, provided that for state fiscal years beginning on or after April first, nineteen hundred eighty-two the comp- troller shall include in such reports the required information for all funds and fund types. SUCH REPORTS SHALL BE PREPARED AND PRESENTED IN ACCORDANCE WITH THE ACCOUNTING PRINCIPLES, POLICIES, AND LEGISLATIVE INTENT, INCLUDING BUT NOT LIMITED TO REFUNDS OF APPROPRIATION, SET FORTH IN A BUDGET BILL ENACTED IN ACCORDANCE WITH ARTICLE VII OF THE STATE CONSTITUTION. § 52. The state finance law is amended by adding a new section 2-b to read as follows: § 2-B. ADDITIONAL DEFINITIONS. AS USED IN SUBDIVISIONS NINE AND NINE-A OF SECTION EIGHT OF THIS ARTICLE, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS: 1. "REFUND OF APPROPRIATION". RECEIPT OF REFUNDS, REBATES, REIMBURSE- MENTS, CREDITS, REPAYMENTS, AND/OR DISALLOWANCES, AS DEFINED HEREIN, THE OFFICE OF THE STATE COMPTROLLER SHALL CREDIT THE REFUNDED, REBATED, REIMBURSED, CREDITED, REPAID, AND DISALLOWED AMOUNT BACK TO THE ORIGINAL APPROPRIATION AND REDUCE EXPENDITURES IN THE YEAR WHICH SUCH CREDIT IS RECEIVED REGARDLESS OF THE TIMING OF THE INITIAL EXPENDITURE. 2. "REFUNDS". FUNDS RECEIVED TO THE STATE RESULTING FROM THE OVERPAY- MENT OF MONIES. 3. "REBATES". FUNDS RECEIVED TO THE STATE RESULTING A FROM RETURN OF A FULL OR PARTIAL AMOUNT PREVIOUSLY PAID, AS FOR GOODS OR SERVICES, SERV- ING AS A REDUCTION, DISCOUNT OR REBATE TO THE ORIGINAL PAYMENT AMOUNT. 4. "REIMBURSEMENTS". FUNDS RECEIVED TO THE STATE AS REPAYMENT IN AN EQUIVALENT AMOUNT FOR GOODS OR SERVICES, INCLUDING BUT NOT LIMITED TO PERSONAL SERVICE COSTS, INCURRED BY THE STATE IN THE FIRST INSTANCE BEING PROVIDED TO A THIRD PARTY FOR THEIR BENEFIT AND PARTIALLY OR IN FULL FINANCED BY SUCH THIRD PARTY. 5. "CREDIT". MONIES MADE AVAILABLE TO THE STATE THAT REDUCE THE AMOUNT OWED TO A THIRD PARTY, INCLUDING BUT NOT LIMITED TO BILLING ERRORS, REBATES, AND PRIOR OVERPAYMENTS. 6. "REPAYMENT". THE RETURN OF MONIES AS PAY BACK FOR EXPENSES INCURRED. S. 7505--A 109 A. 9505--A 7. "DISALLOWANCE". MONIES MADE AVAILABLE TO THE STATE THAT WERE NOT ALLOWED OR ACCEPTED OFFICIALLY BY THE INTENDED RECIPIENT, BASED ON A DETERMINATION THE PAYMENT IS NOT ACCEPTABLE AND/OR VALID. § 53. This act shall take effect immediately and shall be deemed to have been in full force and effect on and after April 1, 2020; provided, however, that the provisions of sections one, one-a, two, three, four, five, six, seven, eight, twelve, thirteen, fourteen, fifteen, sixteen, seventeen, eighteen, nineteen, twenty-one, twenty-two, twenty-three, and twenty-four of this act shall expire March 31, 2021 when upon such date the provisions of such sections shall be deemed repealed. PART WW Section 1. Section 2 and subdivision 7 of section 3 of part E of chap- ter 60 of the laws of 2015, establishing a commission on legislative, judicial, and executive compensation, and providing for the powers and duties of the commission and for the dissolution of the commission, subdivision 7 of section 3 as amended by section 1 of part VVV of chap- ter 59 of the laws of 2019, are amended to read as follows: § 2. 1. (A) On the first of June of every fourth year, commencing June 1, 2015, there shall be established a commission on legislative, judi- cial and executive compensation to examine, evaluate and make recommen- dations with respect to adequate levels of compensation and non-salary benefits for members of the legislature, judges and justices of the state-paid courts of the unified court system, statewide elected offi- cials, and those state officers referred to in section 169 of the execu- tive law. (B) NOTWITHSTANDING ANY PROVISION OF THIS ACT TO THE CONTRARY, THE COMMISSION ESTABLISHED IN THE YEAR 2019 MAY EXAMINE, EVALUATE AND MAKE RECOMMENDATIONS WITH RESPECT TO ADEQUATE LEVELS OF COMPENSATION AND NON-SALARY BENEFITS FOR JUDGES AND JUSTICES OF THE STATE-PAID COURTS OF THE UNIFIED COURT SYSTEM DURING ITS EXAMINATION OF AND MAKING RECOMMEN- DATIONS FOR LEGISLATIVE AND EXECUTIVE COMPENSATION IN THE YEAR 2020. 2. (a) In accordance with the provisions of this section, the commis- sion shall examine: (1) the prevailing adequacy of pay levels and other non-salary benefits received by members of the legislature, statewide elected officials, and those state officers referred to in section 169 of the executive law; and (2) the prevailing adequacy of pay levels and non-salary benefits received by the judges and justices of the state-paid courts of the unified court system and housing judges of the civil court of the city of New York and determine whether any of such pay levels warrant adjust- ment; and (b) The commission shall determine whether: (1) for any of the four years commencing on the first of April of such years, following the year in which the commission is established OR AUTHORIZED BY THIS ACT TO EVALUATE AND MAKE RECOMMENDATIONS ON SUCH SALARIES, the annual salaries for the judges and justices of the state-paid courts of the unified court system and housing judges of the civil court of the city of New York warrant an increase; and (2) on the first of January after the November general election at which members of the state legislature are elected following the year in which the commission is established, and on the first of January follow- ing the next such election, the like annual salaries and allowances of members of the legislature, and salaries of statewide elected officials S. 7505--A 110 A. 9505--A and state officers referred to in section 169 of the executive law warrant an increase. 3. In discharging its responsibilities under subdivision two of this section, the commission shall take into account all appropriate factors including, but not limited to: the overall economic climate; rates of inflation; changes in public-sector spending; the levels of compensation and non-salary benefits received by executive branch officials and legislators of other states and of the federal government; the levels of compensation and non-salary benefits received by professionals in government, academia and private and nonprofit enterprise; and the state's ability to fund increases in compensation and non-salary bene- fits. 7. The commission shall make a report to the governor, the legislature and the chief judge of the state of its findings, conclusions, determi- nations and recommendations, if any, not later than the thirty-first of December of the year in which the commission is established for judicial compensation and the fifteenth of November the following year for legis- lative and executive compensation; PROVIDED, HOWEVER, THE REPORT MADE BY THE COMMISSION IN THE YEAR TWO THOUSAND TWENTY REGARDING JUDICIAL, LEGISLATIVE AND EXECUTIVE COMPENSATION SHALL BE ISSUED NOT LATER THAN NOVEMBER 15, 2020. Any findings, conclusions, determinations and recom- mendations in the report must be adopted by a majority vote of the commission and shall also be supported by at least one member appointed by each appointing authority. Each recommendation made to implement a determination pursuant to section two of this act shall have the force of law, and shall supersede, where appropriate, inconsistent provisions of article 7-B of the judiciary law, section 169 of the executive law, and sections 5 and 5-a of the legislative law, unless modified or abro- gated by statute prior to April first of the year as to which such determination applies to judicial compensation and January first of the year as to which such determination applies to legislative and executive compensation. § 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 be 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 WW of this act shall be as specifically set forth in the last section of such Parts.
2019-S7505B (ACTIVE) - Details
- See Assembly Version of this Bill:
- A9505
- Law Section:
- Budget Bills
- Laws Affected:
- Amd Various Laws, generally
2019-S7505B (ACTIVE) - Summary
Enacts into law major components of legislation necessary to implement the state public protection and general government budget for the 2020-2021 state fiscal year; relates to extending the effectiveness of certain provisions of law relating to various criminal justice and public safety programs (Part A); establishes the criminal justice discovery compensation fund (Part E); relates to the closure of correctional facilities (Part F)
2019-S7505B (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ S. 7505--B A. 9505--B S E N A T E - A S S E M B L Y January 22, 2020 ___________ IN SENATE -- A BUDGET BILL, submitted by the Governor pursuant to arti- cle seven of the Constitution -- read twice and ordered printed, and when printed to be committed to the Committee on Finance -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee IN ASSEMBLY -- A BUDGET BILL, submitted by the Governor pursuant to article seven of the Constitution -- read once and referred to the Committee on Ways and Means -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee -- again reported from said committee with amendments, ordered reprinted as amended and recommitted to said committee AN ACT to amend chapter 887 of the laws of 1983, amending the correction law relating to the psychological testing of candidates, in relation to the effectiveness thereof; to amend chapter 428 of the laws of 1999, amending the executive law and the criminal procedure law relat- ing to expanding the geographic area of employment of certain police officers, in relation to extending the expiration of such chapter; to amend chapter 886 of the laws of 1972, amending the correction law and the penal law relating to prisoner furloughs in certain cases and the crime of absconding therefrom, in relation to the effectiveness there- of; to amend chapter 261 of the laws of 1987, amending chapters 50, 53 and 54 of the laws of 1987, the correction law, the penal law and other chapters and laws relating to correctional facilities, in relation to the effectiveness thereof; to amend chapter 55 of the laws of 1992, amending the tax law and other laws relating to taxes, surcharges, fees and funding, in relation to extending the expiration of certain provisions of such chapter; to amend chapter 339 of the laws of 1972, amending the correction law and the penal law relating to inmate work release, furlough and leave, in relation to the effec- tiveness thereof; to amend chapter 60 of the laws of 1994 relating to certain provisions which impact upon expenditure of certain appropri- ations made by chapter 50 of the laws of 1994 enacting the state oper- ations budget, in relation to the effectiveness thereof; to amend chapter 3 of the laws of 1995, amending the correction law and other laws relating to the incarceration fee, in relation to extending the
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD12670-03-0 S. 7505--B 2 A. 9505--B expiration of certain provisions of such chapter; to amend chapter 62 of the laws of 2011, amending the correction law and the executive law relating to merging the department of correctional services and divi- sion of parole into the department of corrections and community super- vision, in relation to the effectiveness thereof; to amend chapter 907 of the laws of 1984, amending the correction law, the New York city criminal court act and the executive law relating to prison and jail housing and alternatives to detention and incarceration programs, in relation to extending the expiration of certain provisions of such chapter; to amend chapter 166 of the laws of 1991, amending the tax law and other laws relating to taxes, in relation to extending the expiration of certain provisions of such chapter; to amend the vehicle and traffic law, in relation to extending the expiration of the manda- tory surcharge and victim assistance fee; to amend chapter 713 of the laws of 1988, amending the vehicle and traffic law relating to the ignition interlock device program, in relation to extending the expi- ration thereof; to amend chapter 435 of the laws of 1997, amending the military law and other laws relating to various provisions, in relation to extending the expiration date of the merit provisions of the correction law and the penal law of such chapter; to amend chapter 412 of the laws of 1999, amending the civil practice law and rules and the court of claims act relating to prisoner litigation reform, in relation to extending the expiration of the inmate filing fee provisions of the civil practice law and rules and general filing fee provision and inmate property claims exhaustion requirement of the court of claims act of such chapter; to amend chapter 222 of the laws of 1994 constituting the family protection and domestic violence intervention act of 1994, in relation to extending the expiration of certain provisions of the criminal procedure law requiring the arrest of certain persons engaged in family violence; to amend chapter 505 of the laws of 1985, amending the criminal procedure law relating to the use of closed-circuit television and other protective measures for certain child witnesses, in relation to extending the expiration of the provisions thereof; to amend chapter 3 of the laws of 1995, enact- ing the sentencing reform act of 1995, in relation to extending the expiration of certain provisions of such chapter; to amend chapter 689 of the laws of 1993 amending the criminal procedure law relating to electronic court appearance in certain counties, in relation to extending the expiration thereof; to amend chapter 688 of the laws of 2003, amending the executive law relating to enacting the interstate compact for adult offender supervision, in relation to the effective- ness thereof; to amend chapter 56 of the laws of 2009, amending the correction law relating to limiting the closing of certain correction- al facilities, providing for the custody by the department of correc- tional services of inmates serving definite sentences, providing for custody of federal prisoners and requiring the closing of certain correctional facilities, in relation to the effectiveness of such chapter; to amend chapter 152 of the laws of 2001, amending the mili- tary law relating to military funds of the organized militia, in relation to the effectiveness thereof; to amend chapter 554 of the laws of 1986, amending the correction law and the penal law relating to providing for community treatment facilities and establishing the crime of absconding from the community treatment facility, in relation to the effectiveness thereof; and to amend chapter 55 of the laws of 2018 amending the criminal procedure law relating to pre-criminal proceeding settlements in the city of New York, in relation to the S. 7505--B 3 A. 9505--B effectiveness thereof (Part A); intentionally omitted (Part B); inten- tionally omitted (Part C); intentionally omitted (Part D); to amend the state finance law, in relation to establishing the criminal justice discovery compensation fund; to amend the criminal procedure law, in relation to monies recovered by county district attorneys before the filing of an accusatory instrument; and providing for the repeal of certain provisions upon expiration thereof (Part E); in relation to the closure of correctional facilities; and providing for the repeal of such provisions upon expiration thereof (Part F); to amend the correction law and the executive law, in relation to moving adolescent offenders to the office of children and family services; to repeal paragraph (a-1) of subdivision 4 of section 70.20 of the penal law and section 77 of the correction law relating thereto; to repeal paragraphs (a) through (e) of section 508 of the executive law relat- ing to a technical correction; and providing for the repeal of certain provisions upon expiration thereof (Part G); intentionally omitted (Part H); to amend the tax law, in relation to suspending the transfer of monies into the emergency services revolving loan fund from the public safety communications account (Part I); intentionally omitted (Part J); intentionally omitted (Part K); intentionally omitted (Part L); to amend the criminal procedure law and the family court act, in relation to establishing the safe homes and families act (Part M); to amend the penal law and the executive law, in relation to firearm licenses (Part N); intentionally omitted (Part O); intentionally omit- ted (Part P); to amend the criminal procedure law, in relation to determining whether certain misdemeanor crimes are serious offenses under the penal law (Part Q); to amend the penal law and the criminal procedure law, in relation to enacting the "Josef Neumann Hate Crimes Domestic Terrorism Act" (Part R); intentionally omitted (Part S); intentionally omitted (Part T); intentionally omitted (Part U); inten- tionally omitted (Part V); to amend the civil service law, in relation to continuing to protect and strengthen unions (Part W); intentionally omitted (Part X); to amend the state finance law and the state tech- nology law, in relation to defining the term technology to include computer information, electronic information, interconnected systems and related material thereto (Part Y); to amend section 1 of part S of chapter 56 of the laws of 2010, relating to establishing a joint appointing authority for the state financial system project, in relation to statewide financial system procurements (Part Z); to amend chapter 95 of the laws of 2000 amending the state finance law, the general municipal law, the public buildings law and other laws relat- ing to bonds, notes and revenues, in relation to extending the effec- tiveness thereof (Part AA); intentionally omitted (Part BB); inten- tionally omitted (Part CC); intentionally omitted (Part DD); intentionally omitted (Part EE); to amend the alcoholic beverage control law, in relation to establishing the hours during which alco- holic beverages may be sold in certain international airport property (Part FF); intentionally omitted (Part GG); intentionally omitted (Part HH); intentionally omitted (Part II); to amend the election law, in relation to conducting a full manual recount on all ballots (Part JJ); intentionally omitted (Part KK); intentionally omitted (Part LL); intentionally omitted (Part MM); to amend the tax law and the public authorities law, in relation to AIM-related sales tax payments in the counties of Nassau and Erie (Part NN); intentionally omitted (Part OO); to amend the domestic relations law, in relation to including acts of domestic violence in the criteria the court shall consider in S. 7505--B 4 A. 9505--B determining the equitable disposition of property during divorce proceedings (Part PP); to amend the public authorities law, in relation to ensuring pay equity at state and local public authorities (Part QQ); intentionally omitted (Part RR); intentionally omitted (Part SS); intentionally omitted (Part TT); to amend the executive law, in relation to disclosure requirements for certain nonprofits (Part UU); intentionally omitted (Part VV); to amend part E of chapter 60 of the laws of 2015, establishing a commission on legislative, judicial and executive compensation, and providing for the powers and duties of the commission and for the dissolution of the commission, in relation to the powers of the members of the commission (Part WW); to amend the public health law, in relation to rights of sexual offense victims; and to repeal section 631-b of the executive law relating thereto (Subpart A); to amend the executive law, in relation to regu- latory fines for small businesses; and to amend a chapter of the laws of 2019, amending the executive law relating to regulatory fines for small businesses, in relation to the effectiveness thereof (Subpart B); to amend a chapter of the laws of 2019, authorizing the commis- sioner of general services to transfer and convey certain state land to the city of New Rochelle, as proposed in legislative bills numbers S.6228-A and A.7846-A, in relation to specifying the use for which certain state lands are to be transferred to the city of New Rochelle (Subpart C); to amend the social services law, in relation to exempt- ing income earned by persons under the age of twenty-four from certain workforce development programs from the determination of need for public assistance programs (Subpart D); to amend the real property tax law, in relation to making technical changes to allow exemption from certain special districts (Subpart E); to amend the labor law, in relation to adding components sold with instructions to combine such components to create combustion or detonation to the definition of "explosives"; and to repeal certain provisions of such law relating thereto (Subpart F); to amend the private housing finance law, in relation to persons and families in company projects who are required to pay a rental surcharge (Subpart G); to amend a chapter of the laws of 2019, relating to directing the metropolitan transportation author- ity to rename certain subway stations, as proposed in legislative bills numbers S. 3439-A and A. 1512-A, in relation to directing the metropolitan transportation authority and the New York City transit authority to rename certain subway stations (Subpart H); to amend chapter 383 of the laws of 2019 amending the public authorities law relating to the Roosevelt Island operating corporation, in relation to the continuity of the Roosevelt Island operating corporation (Subpart I); to amend the elder law, in relation to the state office for the aging sexual discrimination training program; and to repeal certain provisions of such law related thereto (Subpart J); to amend the insurance law, in relation to policies or contracts which are not included in the definition of student accident and health insurance (Subpart K); to amend the family court act and the social services law, in relation to notice of indicated reports of child maltreatment and changes of placement in child protective and voluntary foster care placement and review proceedings (Subpart L); to amend the election law, in relation to voter registration form distribution and assist- ance (Subpart M); to amend the election law, in relation to canvass of ballots cast by certain voters (Subpart N); to amend the labor law, in relation to requiring the licensing of persons engaged in the design, construction, inspection, maintenance, alteration, and repair of S. 7505--B 5 A. 9505--B elevators and other automated people moving devices; to amend the state finance law, in relation to availability of funds from the elevator and related conveyances safety program account; to amend the administrative code of the city of New York, in relation to the defi- nition of elevator work and elevator agency technician license quali- fications and exemptions; to amend part B of a chapter of the laws of 2019, amending the administrative code of the city of New York relat- ing to the licensing of approved elevator agency directors, inspec- tors, and technicians performing elevator work in the city of New York as proposed in legislative bills numbers S. 4080-C and A. 4509-A, in relation to the effectiveness thereof; to amend part A of a chapter of the laws of 2019, amending the labor law and the state finance law relating to requiring the licensing of persons engaged in the design, construction, inspection, maintenance, alteration, and repair of elevators and other automated people moving devices, as proposed in legislative bills numbers S. 4080-C and A. 4509-A, in relation to the effectiveness thereof; and repealing certain provisions of the labor law and the administrative code of the city of New York relating ther- eto (Subpart O); to amend the general municipal law, in relation to proof of eligibility for volunteer firefighter enhanced cancer disa- bility benefits; and to repeal certain provisions of the general municipal law relating thereto (Subpart P); to amend the insurance law, in relation to "lease-end" charges (Subpart Q); to amend the labor law, in relation to the New York call center jobs act (Subpart R); to amend the public health law and the executive law, in relation to HIV post-exposure prophylaxis and other health care services for sexual assault victims; and to amend a chapter of the laws of 2019, amending the public health law and the executive law relating to HIV post-exposure prophylaxis and other health care services for sexual assault victims, as proposed in legislative bills numbers S. 2279-A and A. 1204-A in relation to the effectiveness thereof (Subpart S); to amend a chapter of the laws of 2019 amending the tax law and the state finance law relating to gifts for the support of the New York state council on the arts, as proposed in legislative bills numbers S. 3570 and A. 7994, in relation to making technical corrections thereto (Subpart T); to amend the tax law, in relation to the senior wellness in nutrition fund (Subpart U); to amend the tax law and administrative code of the city of New York, in relation to the definition of a research tobacco product (Subpart V); to amend the alcoholic beverage control law, in relation to authorizing retail licensees to purchase beer with a business payment card; and to repeal certain provisions of such law relating thereto (Subpart W); to amend the tax law, in relation to a television writers' and directors' fees and salaries credit; and to amend a chapter of the laws of 2019 amending the tax law relating to a television writers' and directors' fees and salaries credit, as proposed in legislative bills numbers S. 5864-A and A. 6683-B, in relation to a television writers' and directors' fees and salaries credit and the effectiveness thereof (Subpart X); to amend the public service law, in relation to the payment of wages to work- ers; and to repeal a chapter of the laws of 2019, amending the labor law relating to ensuring that utility employees receive the prevailing wage (Subpart Y); to amend the real property law, in relation to regu- lation of reverse mortgage loans issued under the federal home equity conversion mortgage for seniors program (Subpart Z); to amend the environmental conservation law, in relation to regulation of toxic chemicals in children's products (Subpart AA); to amend the local S. 7505--B 6 A. 9505--B finance law, in relation to the electronic open auction public bond sale pilot program (Subpart BB); and to amend chapter 9 of the laws of 2020 relating to allowing the commissioner of transportation to impound or immobilize stretch limousines in certain situations, in relation to the effectiveness thereof (Subpart CC)(Part XX); to amend the public authorities law, in relation to the Nassau county interim finance authority (Part YY); to repeal subdivision 1 of paragraph b of section 33.10 of the local finance law, relating to the issuance of bonds in the county of Westchester (Part ZZ); and to amend the election law, in relation to time allowed employees to vote (Part AAA) 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 2020--2021 state fiscal year. Each component is wholly contained within a Part identified as Parts A through AAA. 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 Section 1. Section 2 of chapter 887 of the laws of 1983, amending the correction law relating to the psychological testing of candidates, as amended by section 1 of part O of chapter 55 of the laws of 2019, is amended to read as follows: § 2. This act shall take effect on the one hundred eightieth day after it shall have become a law and shall remain in effect until September 1, [2020] 2021. § 2. Section 3 of chapter 428 of the laws of 1999, amending the execu- tive law and the criminal procedure law relating to expanding the geographic area of employment of certain police officers, as amended by section 2 of part O of chapter 55 of the laws of 2019, is amended to read as follows: § 3. This act shall take effect on the first day of November next succeeding the date on which it shall have become a law, and shall remain in effect until the first day of September, [2020] 2021, when it shall expire and be deemed repealed. § 3. Section 3 of chapter 886 of the laws of 1972, amending the correction law and the penal law relating to prisoner furloughs in certain cases and the crime of absconding therefrom, as amended by section 3 of part O of chapter 55 of the laws of 2019, is amended to read as follows: § 3. This act shall take effect 60 days after it shall have become a law and shall remain in effect until September 1, [2020] 2021. § 4. Section 20 of chapter 261 of the laws of 1987, amending chapters 50, 53 and 54 of the laws of 1987, the correction law, the penal law and other chapters and laws relating to correctional facilities, as amended S. 7505--B 7 A. 9505--B by section 4 of part O of chapter 55 of the laws of 2019, is amended to read as follows: § 20. This act shall take effect immediately except that section thir- teen of this act shall expire and be of no further force or effect on and after September 1, [2020] 2021 and shall not apply to persons committed to the custody of the department after such date, and provided further that the commissioner of corrections and community supervision shall report each January first and July first during such time as the earned eligibility program is in effect, to the chairmen of the senate crime victims, crime and correction committee, the senate codes commit- tee, the assembly correction committee, and the assembly codes commit- tee, the standards in effect for earned eligibility during the prior six-month period, the number of inmates subject to the provisions of earned eligibility, the number who actually received certificates of earned eligibility during that period of time, the number of inmates with certificates who are granted parole upon their first consideration for parole, the number with certificates who are denied parole upon their first consideration, and the number of individuals granted and denied parole who did not have earned eligibility certificates. § 5. Subdivision (q) of section 427 of chapter 55 of the laws of 1992, amending the tax law and other laws relating to taxes, surcharges, fees and funding, as amended by section 5 of part O of chapter 55 of the laws of 2019, is amended to read as follows: (q) the provisions of section two hundred eighty-four of this act shall remain in effect until September 1, [2020] 2021 and be applicable to all persons entering the program on or before August 31, [2020] 2021. § 6. Section 10 of chapter 339 of the laws of 1972, amending the correction law and the penal law relating to inmate work release, furlough and leave, as amended by section 6 of part O of chapter 55 of the laws of 2019, is amended to read as follows: § 10. This act shall take effect 30 days after it shall have become a law and shall remain in effect until September 1, [2020] 2021, and provided further that the commissioner of correctional services shall report each January first, and July first, to the chairman of the senate crime victims, crime and correction committee, the senate codes commit- tee, the assembly correction committee, and the assembly codes commit- tee, the number of eligible inmates in each facility under the custody and control of the commissioner who have applied for participation in any program offered under the provisions of work release, furlough, or leave, and the number of such inmates who have been approved for partic- ipation. § 7. Subdivision (c) of section 46 of chapter 60 of the laws of 1994, relating to certain provisions which impact upon expenditure of certain appropriations made by chapter 50 of the laws of 1994, enacting the state operations budget, as amended by section 7 of part O of chapter 55 of the laws of 2019, is amended to read as follows: (c) sections forty-one and forty-two of this act shall expire Septem- ber 1, [2020] 2021; provided, that the provisions of section forty-two of this act shall apply to inmates entering the work release program on or after such effective date; and § 8. Subdivision h of section 74 of chapter 3 of the laws of 1995, amending the correction law and other laws relating to the incarceration fee, as amended by section 8 of part O of chapter 55 of the laws of 2019, is amended to read as follows: h. Section fifty-two of this act shall be deemed to have been in full force and effect on and after April 1, 1995; provided, however, that the S. 7505--B 8 A. 9505--B provisions of section 189 of the correction law, as amended by section fifty-five of this act, subdivision 5 of section 60.35 of the penal law, as amended by section fifty-six of this act, and section fifty-seven of this act shall expire September 1, [2020] 2021, when upon such date the amendments to the correction law and penal law made by sections fifty- five and fifty-six of this act shall revert to and be read as if the provisions of this act had not been enacted; provided, however, that sections sixty-two, sixty-three and sixty-four of this act shall be deemed to have been in full force and effect on and after March 1, 1995 and shall be deemed repealed April 1, 1996 and upon such date the provisions of subsection (e) of section 9110 of the insurance law and subdivision 2 of section 89-d of the state finance law shall revert to and be read as set out in law on the date immediately preceding the effective date of sections sixty-two and sixty-three of this act; § 9. Subdivision (c) of section 49 of subpart A of part C of chapter 62 of the laws of 2011, amending the correction law and the executive law relating to merging the department of correctional services and division of parole into the department of corrections and community supervision, as amended by section 9 of part O of chapter 55 of the laws of 2019, is amended to read as follows: (c) that the amendments to subdivision 9 of section 201 of the correction law as added by section thirty-two of this act shall remain in effect until September 1, [2020] 2021, when it shall expire and be deemed repealed; § 10. Subdivision (aa) of section 427 of chapter 55 of the laws of 1992, amending the tax law and other laws relating to taxes, surcharges, fees and funding, as amended by section 10 of part O of chapter 55 of the laws of 2019, is amended to read as follows: (aa) the provisions of sections three hundred eighty-two, three hundred eighty-three and three hundred eighty-four of this act shall expire on September 1, [2020] 2021; § 11. Section 12 of chapter 907 of the laws of 1984, amending the correction law, the New York city criminal court act and the executive law relating to prison and jail housing and alternatives to detention and incarceration programs, as amended by section 11 of part O of chap- ter 55 of the laws of 2019, is amended to read as follows: § 12. This act shall take effect immediately, except that the provisions of sections one through ten of this act shall remain in full force and effect until September 1, [2020] 2021 on which date those provisions shall be deemed to be repealed. § 12. Subdivision (p) of section 406 of chapter 166 of the laws of 1991, amending the tax law and other laws relating to taxes, as amended by section 12 of part O of chapter 55 of the laws of 2019, is amended to read as follows: (p) The amendments to section 1809 of the vehicle and traffic law made by sections three hundred thirty-seven and three hundred thirty-eight of this act shall not apply to any offense committed prior to such effec- tive date; provided, further, that section three hundred forty-one of this act shall take effect immediately and shall expire November 1, 1993 at which time it shall be deemed repealed; sections three hundred forty-five and three hundred forty-six of this act shall take effect July 1, 1991; sections three hundred fifty-five, three hundred fifty- six, three hundred fifty-seven and three hundred fifty-nine of this act shall take effect immediately and shall expire June 30, 1995 and shall revert to and be read as if this act had not been enacted; section three hundred fifty-eight of this act shall take effect immediately and shall S. 7505--B 9 A. 9505--B expire June 30, 1998 and shall revert to and be read as if this act had not been enacted; section three hundred sixty-four through three hundred sixty-seven of this act shall apply to claims filed on or after such effective date; sections three hundred sixty-nine, three hundred seven- ty-two, three hundred seventy-three, three hundred seventy-four, three hundred seventy-five and three hundred seventy-six of this act shall remain in effect until September 1, [2020] 2021, at which time they shall be deemed repealed; provided, however, that the mandatory surcharge provided in section three hundred seventy-four of this act shall apply to parking violations occurring on or after said effective date; and provided further that the amendments made to section 235 of the vehicle and traffic law by section three hundred seventy-two of this act, the amendments made to section 1809 of the vehicle and traffic law by sections three hundred thirty-seven and three hundred thirty-eight of this act and the amendments made to section 215-a of the labor law by section three hundred seventy-five of this act shall expire on September 1, [2020] 2021 and upon such date the provisions of such subdivisions and sections shall revert to and be read as if the provisions of this act had not been enacted; the amendments to subdivisions 2 and 3 of section 400.05 of the penal law made by sections three hundred seventy- seven and three hundred seventy-eight of this act shall expire on July 1, 1992 and upon such date the provisions of such subdivisions shall revert and shall be read as if the provisions of this act had not been enacted; the state board of law examiners shall take such action as is necessary to assure that all applicants for examination for admission to practice as an attorney and counsellor at law shall pay the increased examination fee provided for by the amendment made to section 465 of the judiciary law by section three hundred eighty of this act for any exam- ination given on or after the effective date of this act notwithstanding that an applicant for such examination may have prepaid a lesser fee for such examination as required by the provisions of such section 465 as of the date prior to the effective date of this act; the provisions of section 306-a of the civil practice law and rules as added by section three hundred eighty-one of this act shall apply to all actions pending on or commenced on or after September 1, 1991, provided, however, that for the purposes of this section service of such summons made prior to such date shall be deemed to have been completed on September 1, 1991; the provisions of section three hundred eighty-three of this act shall apply to all money deposited in connection with a cash bail or a partially secured bail bond on or after such effective date; and the provisions of sections three hundred eighty-four and three hundred eighty-five of this act shall apply only to jury service commenced during a judicial term beginning on or after the effective date of this act; provided, however, that nothing contained herein shall be deemed to affect the application, qualification, expiration or repeal of any provision of law amended by any section of this act and such provisions shall be applied or qualified or shall expire or be deemed repealed in the same manner, to the same extent and on the same date as the case may be as otherwise provided by law; § 13. Subdivision 8 of section 1809 of the vehicle and traffic law, as amended by section 13 of part O of chapter 55 of the laws of 2019, is amended to read as follows: 8. The provisions of this section shall only apply to offenses commit- ted on or before September first, two thousand [twenty] TWENTY-ONE. § 14. Section 6 of chapter 713 of the laws of 1988, amending the vehi- cle and traffic law relating to the ignition interlock device program, S. 7505--B 10 A. 9505--B as amended by section 14 of part O of chapter 55 of the laws of 2019, is amended to read as follows: § 6. This act shall take effect on the first day of April next succeeding the date on which it shall have become a law; provided, however, that effective immediately, the addition, amendment or repeal of any rule or regulation necessary for the implementation of the fore- going sections of this act on their effective date is authorized and directed to be made and completed on or before such effective date and shall remain in full force and effect until the first day of September, [2020] 2021 when upon such date the provisions of this act shall be deemed repealed. § 15. Paragraph a of subdivision 6 of section 76 of chapter 435 of the laws of 1997, amending the military law and other laws relating to vari- ous provisions, as amended by section 15 of part O of chapter 55 of the laws of 2019, is amended to read as follows: a. sections forty-three through forty-five of this act shall expire and be deemed repealed on September 1, [2020] 2021; § 16. Section 4 of part D of chapter 412 of the laws of 1999, amending the civil practice law and rules and the court of claims act relating to prisoner litigation reform, as amended by section 16 of part O of chap- ter 55 of the laws of 2019, is amended to read as follows: § 4. This act shall take effect 120 days after it shall have become a law and shall remain in full force and effect until September 1, [2020] 2021, when upon such date it shall expire. § 17. Subdivision 2 of section 59 of chapter 222 of the laws of 1994, constituting the family protection and domestic violence intervention act of 1994, as amended by section 17 of part O of chapter 55 of the laws of 2019, is amended to read as follows: 2. Subdivision 4 of section 140.10 of the criminal procedure law as added by section thirty-two of this act shall take effect January 1, 1996 and shall expire and be deemed repealed on September 1, [2020] 2021. § 18. Section 5 of chapter 505 of the laws of 1985, amending the crim- inal procedure law relating to the use of closed-circuit television and other protective measures for certain child witnesses, as amended by section 18 of part O of chapter 55 of the laws of 2019, is amended to read as follows: § 5. This act shall take effect immediately and shall apply to all criminal actions and proceedings commenced prior to the effective date of this act but still pending on such date as well as all criminal actions and proceedings commenced on or after such effective date and its provisions shall expire on September 1, [2020] 2021, when upon such date the provisions of this act shall be deemed repealed. § 19. Subdivision d of section 74 of chapter 3 of the laws of 1995, enacting the sentencing reform act of 1995, as amended by section 19 of part O of chapter 55 of the laws of 2019, is amended to read as follows: d. Sections one-a through twenty, twenty-four through twenty-eight, thirty through thirty-nine, forty-two and forty-four of this act shall be deemed repealed on September 1, [2020] 2021; § 20. Section 2 of chapter 689 of the laws of 1993, amending the crim- inal procedure law relating to electronic court appearance in certain counties, as amended by section 20 of part O of chapter 55 of the laws of 2019, is amended to read as follows: § 2. This act shall take effect immediately, except that the provisions of this act shall be deemed to have been in full force and effect since July 1, 1992 and the provisions of this act shall expire S. 7505--B 11 A. 9505--B September 1, [2020] 2021 when upon such date the provisions of this act shall be deemed repealed. § 21. Section 3 of chapter 688 of the laws of 2003, amending the exec- utive law relating to enacting the interstate compact for adult offender supervision, as amended by section 21 of part O of chapter 55 of the laws of 2019, is amended to read as follows: § 3. This act shall take effect immediately, except that section one of this act shall take effect on the first of January next succeeding the date on which it shall have become a law, and shall remain in effect until the first of September, [2020] 2021, upon which date this act shall be deemed repealed and have no further force and effect; provided that section one of this act shall only take effect with respect to any compacting state which has enacted an interstate compact entitled "Interstate compact for adult offender supervision" and having an iden- tical effect to that added by section one of this act and provided further that with respect to any such compacting state, upon the effec- tive date of section one of this act, section 259-m of the executive law is hereby deemed REPEALED and section 259-mm of the executive law, as added by section one of this act, shall take effect; and provided further that with respect to any state which has not enacted an inter- state compact entitled "Interstate compact for adult offender super- vision" and having an identical effect to that added by section one of this act, section 259-m of the executive law shall take effect and the provisions of section one of this act, with respect to any such state, shall have no force or effect until such time as such state shall adopt an interstate compact entitled "Interstate compact for adult offender supervision" and having an identical effect to that added by section one of this act in which case, with respect to such state, effective imme- diately, section 259-m of the executive law is deemed repealed and section 259-mm of the executive law, as added by section one of this act, shall take effect. § 22. Section 8 of part H of chapter 56 of the laws of 2009, amending the correction law relating to limiting the closing of certain correc- tional facilities, providing for the custody by the department of correctional services of inmates serving definite sentences, providing for custody of federal prisoners and requiring the closing of certain correctional facilities, as amended by section 22 of part O of chapter 55 of the laws of 2019, is amended to read as follows: § 8. This act shall take effect immediately; provided, however that sections five and six of this act shall expire and be deemed repealed September 1, [2020] 2021. § 23. Section 3 of part C of chapter 152 of the laws of 2001, amending the military law relating to military funds of the organized militia, as amended by section 23 of part O of chapter 55 of the laws of 2019, is amended to read as follows: § 3. This act shall take effect immediately; 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, [2020] 2021. § 24. Section 5 of chapter 554 of the laws of 1986, amending the correction law and the penal law relating to providing for community treatment facilities and establishing the crime of absconding from the community treatment facility, as amended by section 24 of part O of chapter 55 of the laws of 2019, is amended to read as follows: § 5. This act shall take effect immediately and shall remain in full force and effect until September 1, [2020] 2021, and provided further S. 7505--B 12 A. 9505--B that the commissioner of correctional services shall report each January first and July first during such time as this legislation is in effect, to the chairmen of the senate crime victims, crime and correction committee, the senate codes committee, the assembly correction commit- tee, and the assembly codes committee, the number of individuals who are released to community treatment facilities during the previous six-month period, including the total number for each date at each facility who are not residing within the facility, but who are required to report to the facility on a daily or less frequent basis. § 25. Section 2 of part F of chapter 55 of the laws of 2018, amending the criminal procedure law relating to pre-criminal proceeding settle- ments in the city of New York, as amended by section 25 of part O of chapter 55 of the laws of 2019, is amended to read as follows: § 2. This act shall take effect immediately and shall remain in full force and effect until March 31, [2020] 2021, when it shall expire and be deemed repealed. § 26. This act shall take effect immediately, provided however that section twenty-five of this act shall be deemed to have been in full force and effect on and after March 31, 2020. PART B Intentionally Omitted PART C Intentionally Omitted PART D Intentionally Omitted PART E Section 1. The state finance law is amended by adding a new section 99-hh to read as follows: § 99-HH. CRIMINAL JUSTICE DISCOVERY COMPENSATION FUND. 1. THERE IS HEREBY ESTABLISHED IN THE JOINT CUSTODY OF THE STATE COMPTROLLER AND THE COMMISSIONER OF TAXATION AND FINANCE A FUND TO BE KNOWN AS THE CRIMINAL JUSTICE DISCOVERY COMPENSATION FUND. 2. (A) SUCH FUND SHALL CONSIST OF FORTY MILLION DOLLARS UPON IMMEDIATE TRANSFER FROM FUNDS SECURED BY PAYMENTS ASSOCIATED WITH STATE SANCTIONED DEFERRED PROSECUTION AGREEMENTS CURRENTLY HELD ON DEPOSIT WITH THE OFFICE OF THE MANHATTAN DISTRICT ATTORNEY. (B) THE OFFICE OF THE MANHATTAN DISTRICT ATTORNEY SHALL ANNUALLY REMIT FORTY MILLION DOLLARS OF FUTURE STATE SANCTIONED DEFERRED PROSECUTION AGREEMENT FUNDS WHICH HAVE BEEN SECURED BY JANUARY FIRST OF THE SUBSE- QUENT YEAR. IF FORTY MILLION DOLLARS IN FUTURE FUNDING HAS NOT BEEN SECURED, THE OFFICE OF THE MANHATTAN DISTRICT ATTORNEY SHALL TRANSFER FORTY MILLION DOLLARS FROM FUNDS SECURED BY PAYMENTS ASSOCIATED WITH STATE SANCTIONED DEFERRED PROSECUTION AGREEMENTS CURRENTLY HELD ON DEPOSIT WITH THE OFFICE OF THE MANHATTAN DISTRICT ATTORNEY BY JANUARY FIRST. 3. MONIES OF THE CRIMINAL JUSTICE DISCOVERY COMPENSATION FUND, FOLLOW- ING APPROPRIATION BY THE LEGISLATURE AND ALLOCATION BY THE DIRECTOR OF THE BUDGET, SHALL BE MADE AVAILABLE FOR LOCAL ASSISTANCE SERVICES AND S. 7505--B 13 A. 9505--B EXPENSES RELATED TO DISCOVERY REFORM IMPLEMENTATION, INCLUDING BUT NOT LIMITED TO, DIGITAL EVIDENCE TRANSMISSION TECHNOLOGY, ADMINISTRATIVE SUPPORT, COMPUTERS, HARDWARE AND OPERATING SOFTWARE, DATA CONNECTIVITY, DEVELOPMENT OF TRAINING MATERIALS, STAFF TRAINING, OVERTIME COSTS, LITI- GATION READINESS, AND PRETRIAL SERVICES. ELIGIBLE ENTITIES SHALL INCLUDE, BUT NOT BE LIMITED TO COUNTIES, CITIES WITH POPULATIONS LESS THAN ONE MILLION, AND LAW ENFORCEMENT AND PROSECUTORIAL ENTITIES WITHIN TOWNS AND VILLAGES. § 2. Section 95.00 of the criminal procedure law, as added by section 1 of part F of chapter 55 of the laws of 2018, is amended to read as follows: § 95.00 Pre-criminal proceeding settlement. When a county district attorney of a county located in a city of one million or more recovers monies before the filing of an accusatory instrument as defined in subdivision one of section 1.20 of this chap- ter, after injured parties have been appropriately compensated, the district attorney's office shall retain a percentage of the remaining such monies in recognition that such monies were recovered as a result of investigations undertaken by such office. For each recovery the total amount of such monies to be retained by the county district attorney's office shall equal ten percent of the first twenty-five million dollars received by such office, plus seven and one-half percent of such monies received by such office in excess of twenty-five million dollars but less than fifty million dollars, plus five percent of any such monies received by such office in excess of fifty million dollars but less than one hundred million dollars, plus one percent of such monies received by such office in excess of one hundred million dollars. The remainder of such monies shall be paid by the district attorney's office to the state and to the county in equal amounts within thirty days of receipt, where disposition of such monies is not otherwise prescribed by law. Monies distributed to a county district attorney's office pursuant to this section shall be used to enhance law enforcement efforts within the state of New York. On December first of each year, every district attor- ney shall provide the governor, temporary president of the senate and speaker of the assembly with an annual report detailing the total amount of monies received as described herein by his or her office [and], a description of how and where such funds, AND AN ITEMIZATION OF FUNDS RECEIVED IN THE PREVIOUS TEN YEARS, were distributed by his or her office but shall not include a description of the distribution of monies where the disclosure of such information would interfere with a law enforcement investigation or a judicial proceeding, AND THE CURRENT TOTAL BALANCE OF MONIES HELD ON DEPOSIT FOR STATE SANCTIONED DEFERRED PROSECUTION AGREEMENTS. The report shall include a detailed description of any entity to which funds are distributed, including but not limited to, whether it is a profit or not-for-profit entity, where it is located, and the intended use of the monies distributed, and shall state the law enforcement purpose. § 3. This act shall take effect immediately; provided, however, that subdivision 2 of section 99-hh of the state finance law, as added by section one of this act, shall expire and be deemed repealed March 31, 2022, and provided, further that the amendments to section 95.00 of the criminal procedure law made by section two of this act shall not affect the repeal of such section and shall be deemed repealed therewith. PART F S. 7505--B 14 A. 9505--B Section 1. Notwithstanding the provisions of sections 79-a and 79-b of the correction law, the governor is authorized to close correctional facilities of the department of corrections and community supervision, in the state fiscal year 2020-2021, as he determines to be necessary for the cost-effective and efficient operation of the correctional system, provided that the governor provides at least 90 days notice prior to any such closures to the temporary president of the senate and the speaker of the assembly. Such notice shall include the list of facilities the governor plans to close, the number of incarcerated individuals in said facilities, and the number of staff working in said facilities. The commissioner of corrections and community supervision shall also report in detail to the temporary president of the senate and the speaker of the assembly on the results of staff relocation efforts within 60 days after such closure. § 2. This act shall take effect immediately and shall be deemed to have been in full force and effect on and after April 1, 2020 and shall expire and be deemed repealed March 31, 2021. PART G Section 1. Paragraph (a-1) of subdivision 4 of section 70.20 of the penal law is REPEALED. § 2. Section 77 of the correction law is REPEALED. § 3. The correction law is amended by adding a new section 80 to read as follows: § 80. TRANSFER OF ADOLESCENTS FROM THE DEPARTMENT. THE DEPARTMENT AND THE OFFICE OF CHILDREN AND FAMILY SERVICES SHALL JOINTLY ESTABLISH A TRANSITION PLAN AND PROTOCOL TO BE USED IN TRANSFERRING CUSTODY OF ALL ADOLESCENT OFFENDERS AND INDIVIDUALS UNDER THE AGE OF EIGHTEEN FROM THE CUSTODY OF THE DEPARTMENT TO THE CUSTODY OF THE OFFICE OF CHILDREN AND FAMILY SERVICES ON OR BEFORE OCTOBER FIRST, TWO THOUSAND TWENTY. THE PLAN AND PROTOCOL SHALL BE COMPLETED ON OR BEFORE JULY FIRST, TWO THOU- SAND TWENTY. § 4. The section heading and subdivisions 1, 2, 7 and 8 of section 508 of the executive law, the section heading as added by chapter 481 of the laws of 1978, subdivision 1 as amended by chapter 738 of the laws of 2004, subdivisions 2, 7 and 8 as amended by section 82 of part WWW of chapter 59 of the laws of 2017 and such section as renumbered by chapter 465 of the laws of 1992, are amended to read as follows: Juvenile offender AND ADOLESCENT OFFENDER facilities. 1. The office of children and family services shall maintain secure facilities for the care and confinement of juvenile offenders AND ADOLESCENT OFFENDERS committed for [an indeterminate, determinate or definite] A sentence pursuant to the sentencing provisions of the penal law. Such facilities shall provide appropriate services to juvenile offenders AND ADOLESCENT OFFENDERS including but not limited to residential care, educational and vocational training, physical and mental health services, and employment counseling. 2. Juvenile offenders AND ADOLESCENT OFFENDERS shall be confined in such facilities until the age of twenty-one in accordance with their sentences, and shall not be released, discharged or permitted home visits except pursuant to the provisions of this section. 7. While in the custody of the office of children and family services, an offender shall be subject to the rules and regulations of the office, except that his or her parole, temporary release and discharge shall be governed by the laws applicable to inmates of state correctional facili- S. 7505--B 15 A. 9505--B ties and his or her transfer to state hospitals in the office of mental health shall be governed by section five hundred nine of this [chapter] ARTICLE; provided, however, that an otherwise eligible offender may receive the six-month limited credit time allowance for successful participation in one or more programs developed by the office of chil- dren and family services that are comparable to the programs set forth in section eight hundred three-b of the correction law, taking into consideration the age of offenders. The commissioner of the office of children and family services shall, however, establish and operate temporary release programs at office of children and family services facilities for eligible juvenile offenders AND ADOLESCENT OFFENDERS and contract with the department of corrections and community supervision for the provision of parole supervision services for temporary releas- ees. The rules and regulations for these programs shall not be incon- sistent with the laws for temporary release applicable to inmates of state correctional facilities. For the purposes of temporary release programs for juvenile offenders AND ADOLESCENT OFFENDERS only, when referred to or defined in article twenty-six of the correction law, "institution" shall mean any facility designated by the commissioner of the office of children and family services, "department" shall mean the office of children and family services, "inmate" shall mean a juvenile offender OR ADOLESCENT OFFENDER residing in an office of children and family services facility, and "commissioner" shall mean the commissioner of the office of children and family services. Time spent in office of children and family services facilities and in juvenile detention facil- ities shall be credited towards the sentence imposed in the same manner and to the same extent applicable to inmates of state correctional facilities. 8. Whenever a juvenile offender, ADOLESCENT OFFENDER or a juvenile offender OR ADOLESCENT OFFENDER adjudicated a youthful offender shall be delivered to the director of an office of children and family services facility pursuant to a commitment to the office of children and family services, the officer so delivering such person shall deliver to such facility director a certified copy of the sentence received by such officer from the clerk of the court by which such person shall have been sentenced, a copy of the report of the probation officer's investigation and report, any other pre-sentence memoranda filed with the court, a copy of the person's fingerprint records, a detailed summary of avail- able medical records, psychiatric records and reports relating to assaults, or other violent acts, attempts at suicide or escape by the person while in the custody of a local detention facility. § 5. Paragraphs (a), (b), (c), (d) and (e) of subdivision 2 of section 508 of the executive law are REPEALED. § 6. This act shall take effect immediately; provided that: a. sections one and four of this act shall take effect on the sixtieth day after this act shall have become a law and the changes made by section one shall apply to sentences ordered pursuant to section 70.20 of the penal law on or after the effective date; b. section two of this act shall take effect October 1, 2020; and c. section three of this act shall expire October 1, 2021 when upon such date the provisions of such section shall be deemed repealed. 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 16 A. 9505--B PART H Intentionally Omitted PART I Section 1. Paragraph (b) of subdivision 6 of section 186-f of the tax law, as amended by section 1 of part M of chapter 55 of the laws of 2018, 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, two thousand seventeen--two thousand eighteen, two thousand eighteen--two thousand nineteen [and], two thou- sand nineteen--two thousand twenty, TWO THOUSAND TWENTY--TWO THOUSAND TWENTY-ONE AND TWO THOUSAND TWENTY-ONE--TWO THOUSAND TWENTY-TWO; § 2. This act shall take effect April 1, 2020. PART J Intentionally Omitted PART K Intentionally Omitted PART L Intentionally Omitted PART M Section 1. This act shall be known and may be cited as the "safe homes and families act". § 2. Section 140.10 of the criminal procedure law is amended by adding a new subdivision 6 to read as follows: 6. (A) A POLICE OFFICER WHO RESPONDS TO A REPORT OF A FAMILY OFFENSE AS DEFINED IN SECTION 530.11 OF THIS CHAPTER AND SECTION EIGHT HUNDRED TWELVE OF THE FAMILY COURT ACT MAY TAKE TEMPORARY CUSTODY OF ANY FIREARM, RIFLE, ELECTRONIC DART GUN, ELECTRONIC STUN GUN, DISGUISED GUN, IMITATION WEAPON, SHOTGUN, ANTIQUE FIREARM, BLACK POWDER RIFLE, BLACK POWDER SHOTGUN, OR MUZZLE-LOADING FIREARM THAT IS IN PLAIN SIGHT OR IS DISCOVERED PURSUANT TO A CONSENSUAL OR OTHER LAWFUL SEARCH, AND SHALL TAKE TEMPORARY CUSTODY OF ANY SUCH WEAPON THAT IS IN THE POSSESSION OF ANY PERSON ARRESTED FOR THE COMMISSION OF SUCH FAMILY OFFENSE OR SUSPECTED OF ITS COMMISSION. AN OFFICER WHO TAKES CUSTODY OF ANY WEAPON PURSUANT TO THIS PARAGRAPH SHALL ALSO TAKE CUSTODY OF ANY LICENSE TO CARRY, POSSESS, REPAIR, AND DISPOSE OF SUCH WEAPON ISSUED TO THE PERSON ARRESTED OR SUSPECTED OF SUCH FAMILY OFFENSE. THE OFFICER SHALL DELIVER SUCH WEAPON AND/OR LICENSE TO THE APPROPRIATE LAW ENFORCEMENT OFFICER AS PROVIDED IN SUBPARAGRAPH (F) OF PARAGRAPH ONE OF SUBDIVISION A OF SECTION 265.20 OF THE PENAL LAW. S. 7505--B 17 A. 9505--B (B) UPON TAKING CUSTODY OF WEAPONS OR A LICENSE DESCRIBED IN PARAGRAPH (A) OF THIS SUBDIVISION, THE RESPONDING OFFICER SHALL GIVE THE OWNER OR PERSON IN POSSESSION OF SUCH WEAPONS OR LICENSE A RECEIPT DESCRIBING SUCH WEAPONS AND/OR LICENSE AND INDICATING ANY IDENTIFICATION OR SERIAL NUMBER ON SUCH WEAPONS. SUCH RECEIPT SHALL INDICATE WHERE THE WEAPONS AND/OR LICENSE CAN BE RECOVERED AND DESCRIBE THE PROCESS FOR RECOVERY PROVIDED IN PARAGRAPH (E) OF THIS SUBDIVISION. (C) NOT LESS THAN FORTY-EIGHT HOURS AFTER EFFECTING SUCH SEIZURE, AND IN THE ABSENCE OF (I) AN ORDER OF PROTECTION, AN EXTREME RISK PROTECTION ORDER, OR OTHER COURT ORDER PROHIBITING THE OWNER FROM POSSESSING SUCH A WEAPON AND/OR LICENSE, OR (II) A PENDING CRIMINAL CHARGE OR CONVICTION WHICH PROHIBITS SUCH OWNER FROM POSSESSING SUCH A WEAPON AND/OR LICENSE, AND UPON A WRITTEN FINDING THAT THERE IS NO LEGAL IMPEDIMENT TO THE OWNER'S POSSESSION OF SUCH A WEAPON AND/OR LICENSE, THE COURT OR, IF NO COURT IS INVOLVED, LICENSING AUTHORITY OR CUSTODIAN OF THE WEAPON SHALL DIRECT RETURN OF A WEAPON NOT OTHERWISE DISPOSED OF IN ACCORDANCE WITH SUBDIVISION ONE OF SECTION 400.05 OF THE PENAL LAW AND/OR SUCH LICENSE TAKEN INTO CUSTODY PURSUANT TO THIS SECTION. (D) IF ANY OTHER PERSON DEMONSTRATES THAT SUCH PERSON IS THE LAWFUL OWNER OF ANY WEAPON TAKEN INTO CUSTODY PURSUANT TO THIS SECTION, AND PROVIDED THAT THE COURT OR, IF NO COURT IS INVOLVED, LICENSING AUTHORITY OR CUSTODIAN OF THE WEAPON HAS MADE A WRITTEN FINDING THAT THERE IS NO LEGAL IMPEDIMENT TO THE PERSON'S POSSESSION OF SUCH A WEAPON, SUCH COURT, LICENSING AUTHORITY OR CUSTODIAN OF THE WEAPON, AS THE CASE MAY BE, SHALL DIRECT THAT SUCH WEAPON BE RETURNED TO SUCH LAWFUL OWNER. (E) ALL WEAPONS IN THE POSSESSION OF A LAW ENFORCEMENT OFFICIAL PURSU- ANT TO THIS SECTION SHALL BE SUBJECT TO THE PROVISIONS OF APPLICABLE LAW, INCLUDING BUT NOT LIMITED TO SUBDIVISION SIX OF SECTION 400.05 OF THE PENAL LAW; PROVIDED, HOWEVER, THAT ANY SUCH WEAPON SHALL BE RETAINED AND NOT DISPOSED OF BY THE LAW ENFORCEMENT AGENCY FOR AT LEAST TWO YEARS UNLESS LEGALLY TRANSFERRED BY THE OWNER TO AN INDIVIDUAL PERMITTED BY LAW TO OWN AND POSSESS SUCH WEAPON. § 3. The section heading and paragraphs (a) and (b) of subdivision 1 of section 530.14 of the criminal procedure law, as amended by chapter 60 of the laws of 2018, are amended and a new paragraph (c) is added to subdivision 1 to read as follows: Suspension and revocation of a license to carry, possess, repair or dispose of a firearm or firearms pursuant to section 400.00 of the penal law and ineligibility for such a license; order to surrender FIREARMS; ORDER TO SEIZE firearms. (a) the court shall suspend any such existing license possessed by the defendant, order the defendant ineligible for such a license and order the immediate surrender of any or all firearms, rifles and shotguns owned or possessed where the court receives information that gives the court good cause to believe that (i) the defendant has a prior conviction of any violent felony offense as defined in section 70.02 of the penal law; (ii) the defendant has previously been found to have willfully failed to obey a prior order of protection and such willful failure involved (A) the infliction of physical injury, as defined in subdivision nine of section 10.00 of the penal law, (B) the use or threatened use of a deadly weapon or dangerous instrument as those terms are defined in subdivisions twelve and thirteen of section 10.00 of the penal law, or (C) behavior constituting any violent felony offense as defined in section 70.02 of the penal law; or (iii) the defendant has a prior conviction for stalking in the first degree as defined in section 120.60 of the penal law, stalking in the second degree as defined in S. 7505--B 18 A. 9505--B section 120.55 of the penal law, stalking in the third degree as defined in section 120.50 of the penal law or stalking in the fourth degree as defined in section 120.45 of such law; [and] (b) the court shall where the court finds a substantial risk that the defendant may use or threaten to use a firearm, rifle or shotgun unlaw- fully against the person or persons for whose protection the temporary order of protection is issued, suspend any such existing license possessed by the defendant, order the defendant ineligible for such a license and order the immediate surrender pursuant to subparagraph (f) of paragraph one of subdivision a of section 265.20 and subdivision six of section 400.05 of the penal law, of any or all firearms, rifles and shotguns owned or possessed[.]; AND (C) THE COURT MAY WHERE THE DEFENDANT WILLFULLY REFUSES TO SURRENDER SUCH FIREARM, RIFLE OR SHOTGUN PURSUANT TO PARAGRAPHS (A) AND (B) OF THIS SUBDIVISION, OR FOR OTHER GOOD CAUSE SHOWN, ORDER THE IMMEDIATE SEIZURE OF SUCH FIREARM, RIFLE OR SHOTGUN, AND SEARCH THEREFOR, PURSUANT TO AN ORDER ISSUED IN ACCORDANCE WITH ARTICLE SIX HUNDRED NINETY OF THIS PART, CONSISTENT WITH SUCH RIGHTS AS THE DEFENDANT MAY DERIVE FROM THIS ARTICLE OR THE CONSTITUTION OF THIS STATE OR THE UNITED STATES. § 4. Paragraphs (a) and (b) of subdivision 2 of section 530.14 of the criminal procedure law, as amended by chapter 60 of the laws of 2018, are amended and a new paragraph (c) is added to read as follows: (a) the court shall revoke any such existing license possessed by the defendant, order the defendant ineligible for such a license and order the immediate surrender of any or all firearms, rifles and shotguns owned or possessed where such action is required by section 400.00 of the penal law; [and] (b) the court shall where the court finds a substantial risk that the defendant may use or threaten to use a firearm, [rifles] RIFLE or [shot- guns] SHOTGUN unlawfully against the person or persons for whose protection the order of protection is issued, (i) revoke any such exist- ing license possessed by the defendant, order the defendant ineligible for such a license and order the immediate surrender of any or all firearms, rifles and shotguns owned or possessed or (ii) suspend or continue to suspend any such existing license possessed by the defend- ant, order the defendant ineligible for such a license and order the immediate surrender pursuant to subparagraph (f) of paragraph one of subdivision a of section 265.20 and subdivision six of section 400.05 of the penal law, of any or all firearms, rifles and shotguns owned or possessed[.]; AND (C) THE COURT MAY WHERE THE DEFENDANT WILLFULLY REFUSES TO SURRENDER SUCH FIREARM, RIFLE OR SHOTGUN PURSUANT TO PARAGRAPHS (A) AND (B) OF THIS SUBDIVISION, OR FOR OTHER GOOD CAUSE SHOWN, ORDER THE IMMEDIATE SEIZURE OF SUCH FIREARM, RIFLE OR SHOTGUN, AND SEARCH THEREFOR, PURSUANT TO AN ORDER ISSUED IN ACCORDANCE WITH ARTICLE SIX HUNDRED NINETY OF THIS PART, CONSISTENT WITH SUCH RIGHTS AS THE DEFENDANT MAY DERIVE FROM THIS ARTICLE OR THE CONSTITUTION OF THIS STATE OR THE UNITED STATES. § 5. Paragraphs (a) and (b) of subdivision 3 of section 530.14 of the criminal procedure law, as amended by chapter 60 of the laws of 2018, are amended and a new paragraph (c) is added to read as follows: (a) the court shall revoke any such existing license possessed by the defendant, order the defendant ineligible for such a license and order the immediate surrender of any or all firearms, rifles and shotguns owned or possessed where the willful failure to obey such order involved (i) the infliction of physical injury, as defined in subdivision nine of section 10.00 of the penal law, (ii) the use or threatened use of a S. 7505--B 19 A. 9505--B deadly weapon or dangerous instrument as those terms are defined in subdivisions twelve and thirteen of section 10.00 of the penal law, (iii) behavior constituting any violent felony offense as defined in section 70.02 of the penal law; or (iv) behavior constituting stalking in the first degree as defined in section 120.60 of the penal law, stalking in the second degree as defined in section 120.55 of the penal law, stalking in the third degree as defined in section 120.50 of the penal law or stalking in the fourth degree as defined in section 120.45 of such law; [and] (b) the court shall where the court finds a substantial risk that the defendant may use or threaten to use a firearm, rifle or shotgun unlaw- fully against the person or persons for whose protection the order of protection was issued, (i) revoke any such existing license possessed by the defendant, order the defendant ineligible for such a license and order the immediate surrender pursuant to subparagraph (f) of paragraph one of subdivision a of section 265.20 and subdivision six of section 400.05 of the penal law, of any or all firearms, rifles and shotguns owned or possessed or (ii) suspend any such existing license possessed by the defendant, order the defendant ineligible for such a license and order the immediate surrender pursuant to subparagraph (f) of paragraph one of subdivision a of section 265.20 and subdivision six of section 400.05 of the penal law, of any or all firearms, rifles and shotguns owned or possessed[.]; AND (C) THE COURT MAY WHERE THE DEFENDANT WILLFULLY REFUSES TO SURRENDER SUCH FIREARM, RIFLE OR SHOTGUN PURSUANT TO PARAGRAPHS (A) AND (B) OF THIS SUBDIVISION, OR FOR OTHER GOOD CAUSE SHOWN, ORDER THE IMMEDIATE SEIZURE OF SUCH FIREARM, RIFLE OR SHOTGUN, AND SEARCH THEREFOR, PURSUANT TO AN ORDER ISSUED IN ACCORDANCE WITH ARTICLE SIX HUNDRED NINETY OF THIS PART, CONSISTENT WITH SUCH RIGHTS AS THE DEFENDANT MAY DERIVE FROM THIS ARTICLE OR THE CONSTITUTION OF THIS STATE OR THE UNITED STATES. § 6. Paragraph (b) of subdivision 5 of section 530.14 of the criminal procedure law, as amended by chapter 60 of the laws of 2018, is amended and a new paragraph (d) is added to read as follows: (b) The prompt surrender of one or more firearms, rifles or shotguns pursuant to a court order issued pursuant to this section shall be considered a voluntary surrender for purposes of subparagraph (f) of paragraph one of subdivision a of section 265.20 of the penal law. The disposition of any such weapons, INCLUDING WEAPONS ORDERED TO BE SEIZED PURSUANT TO THIS SECTION AND SECTION EIGHT HUNDRED FORTY-TWO-A OF THE FAMILY COURT ACT, shall be in accordance with the provisions of subdivi- sion six of section 400.05 of the penal law; provided, however, that upon termination of any suspension order issued pursuant to this section or section eight hundred forty-two-a of the family court act, upon writ- ten application of the subject of the order, with notice and opportunity to be heard to the district attorney, the county attorney, the protected party, and every licensing officer responsible for issuance of a firearms license to the subject of the order pursuant to article four hundred of the penal law, and upon a written finding that there is no legal impediment to the subject's possession of a surrendered firearm, rifle or shotgun, any court of record exercising criminal jurisdiction may order the return of a firearm, rifle or shotgun not otherwise disposed of in accordance with subdivision six of section 400.05 of the penal law. When issuing such order in connection with any firearm subject to a license requirement under article four hundred of the penal law, if the licensing officer informs the court that he or she will seek S. 7505--B 20 A. 9505--B to revoke the license, the order shall be stayed by the court until the conclusion of any license revocation proceeding. (D) IF ANY OTHER PERSON DEMONSTRATES THAT SUCH PERSON IS THE LAWFUL OWNER OF ANY WEAPON TAKEN INTO CUSTODY PURSUANT TO THIS SECTION OR SECTION EIGHT HUNDRED FORTY-TWO-A OF THE FAMILY COURT ACT, AND PROVIDED THAT THE COURT HAS MADE A WRITTEN FINDING THAT THERE IS NO LEGAL IMPED- IMENT TO THE PERSON'S POSSESSION OF SUCH A WEAPON, SUCH COURT SHALL DIRECT THAT SUCH WEAPON BE RETURNED TO SUCH LAWFUL OWNER. § 7. Subdivisions 6 and 7 of section 530.14 of the criminal procedure law, as amended by chapter 60 of the laws of 2018, are amended to read as follows: 6. Notice. (a) Where an order requiring surrender, revocation, suspen- sion, SEIZURE or ineligibility has been issued pursuant to this section, any temporary order of protection or order of protection issued shall state that such firearm license has been suspended or revoked or that the defendant is ineligible for such license, as the case may be, and that the defendant is prohibited from possessing any firearm, rifle or shotgun. (b) The court revoking or suspending the license, ordering the defend- ant ineligible for such a license, or ordering the surrender OR SEIZURE of any firearm, rifle or shotgun shall immediately notify the duly constituted police authorities of the locality concerning such action and, in the case of orders of protection and temporary orders of protection issued pursuant to section 530.12 of this article, shall immediately notify the statewide registry of orders of protection. (c) The court revoking or suspending the license or ordering the defendant ineligible for such a license shall give written notice there- of without unnecessary delay to the division of state police at its office in the city of Albany. (d) Where an order of revocation, suspension, ineligibility [or], surrender OR SEIZURE is modified or vacated, the court shall immediately notify the statewide registry of orders of protection and the duly constituted police authorities of the locality concerning such action and shall give written notice thereof without unnecessary delay to the division of state police at its office in the city of Albany. 7. Hearing. The defendant shall have the right to a hearing before the court regarding any revocation, suspension, ineligibility [or], surren- der OR SEIZURE order issued pursuant to this section, provided that nothing in this subdivision shall preclude the court from issuing any such order prior to a hearing. Where the court has issued such an order prior to a hearing, it shall commence such hearing within fourteen days of the date such order was issued. § 8. The section heading and paragraphs (a) and (b) of subdivision 1 of section 842-a of the family court act, as amended by chapter 60 of the laws of 2018, are amended and a new paragraph (c) is added to subdi- vision 1 to read as follows: Suspension and revocation of a license to carry, possess, repair or dispose of a firearm or firearms pursuant to section 400.00 of the penal law and ineligibility for such a license; order to surrender firearms; ORDER TO SEIZE FIREARMS. (a) the court shall suspend any such existing license possessed by the respondent, order the respondent ineligible for such a license, and order the immediate surrender pursuant to subparagraph (f) of paragraph one of subdivision a of section 265.20 and subdivision six of section 400.05 of the penal law, of any or all firearms, rifles and shotguns owned or possessed where the court receives information that gives the S. 7505--B 21 A. 9505--B court good cause to believe that: (i) the respondent has a prior conviction of any violent felony offense as defined in section 70.02 of the penal law; (ii) the respondent has previously been found to have willfully failed to obey a prior order of protection and such willful failure involved (A) the infliction of physical injury, as defined in subdivision nine of section 10.00 of the penal law, (B) the use or threatened use of a deadly weapon or dangerous instrument as those terms are defined in subdivisions twelve and thirteen of section 10.00 of the penal law, or (C) behavior constituting any violent felony offense as defined in section 70.02 of the penal law; or (iii) the respondent has a prior conviction for stalking in the first degree as defined in section 120.60 of the penal law, stalking in the second degree as defined in section 120.55 of the penal law, stalking in the third degree as defined in section 120.50 of the penal law or stalking in the fourth degree as defined in section 120.45 of such law; [and] (b) the court shall where the court finds a substantial risk that the respondent may use or threaten to use a firearm, rifle or shotgun unlaw- fully against the person or persons for whose protection the temporary order of protection is issued, suspend any such existing license possessed by the respondent, order the respondent ineligible for such a license, and order the immediate surrender pursuant to subparagraph (f) of paragraph one of subdivision a of section 265.20 and subdivision six of section 400.05 of the penal law, of any or all firearms, rifles and shotguns owned or possessed[.]; AND (C) THE COURT MAY WHERE THE DEFENDANT WILLFULLY REFUSES TO SURRENDER SUCH FIREARM, RIFLE OR SHOTGUN PURSUANT TO PARAGRAPHS (A) AND (B) OF THIS SUBDIVISION, OR FOR OTHER GOOD CAUSE SHOWN, ORDER THE IMMEDIATE SEIZURE OF SUCH FIREARM, RIFLE OR SHOTGUN, AND SEARCH THEREFOR, PURSUANT TO AN ORDER ISSUED IN ACCORDANCE WITH ARTICLE SIX HUNDRED NINETY OF THE CRIMINAL PROCEDURE LAW, CONSISTENT WITH SUCH RIGHTS AS THE DEFENDANT MAY DERIVE FROM THIS ARTICLE OR THE CONSTITUTION OF THIS STATE OR THE UNITED STATES. § 9. Paragraphs (a) and (b) of subdivision 2 of section 842-a of the family court act, as amended by chapter 60 of the laws of 2018, are amended and a new paragraph (c) is added to read as follows: (a) the court shall revoke any such existing license possessed by the respondent, order the respondent ineligible for such a license, and order the immediate surrender pursuant to subparagraph (f) of paragraph one of subdivision a of section 265.20 and subdivision six of section 400.05 of the penal law, of any or all firearms, rifles and shotguns owned or possessed where the court finds that the conduct which resulted in the issuance of the order of protection involved (i) the infliction of physical injury, as defined in subdivision nine of section 10.00 of the penal law, (ii) the use or threatened use of a deadly weapon or dangerous instrument as those terms are defined in subdivisions twelve and thirteen of section 10.00 of the penal law, or (iii) behavior constituting any violent felony offense as defined in section 70.02 of the penal law; [and] (b) the court shall, where the court finds a substantial risk that the respondent may use or threaten to use a firearm, rifle or shotgun unlaw- fully against the person or persons for whose protection the order of protection is issued, (i) revoke any such existing license possessed by the respondent, order the respondent ineligible for such a license and order the immediate surrender pursuant to subparagraph (f) of paragraph one of subdivision a of section 265.20 and subdivision six of section 400.05 of the penal law, of any or all firearms, rifles and shotguns S. 7505--B 22 A. 9505--B owned or possessed or (ii) suspend or continue to suspend any such existing license possessed by the respondent, order the respondent inel- igible for such a license, and order the immediate surrender pursuant to subparagraph (f) of paragraph one of subdivision a of section 265.20 and subdivision six of section 400.05 of the penal law, of any or all firearms, rifles and shotguns owned or possessed[.]; AND (C) THE COURT MAY WHERE THE DEFENDANT WILLFULLY REFUSES TO SURRENDER SUCH FIREARM, RIFLE OR SHOTGUN PURSUANT TO PARAGRAPHS (A) AND (B) OF THIS SUBDIVISION, OR FOR OTHER GOOD CAUSE SHOWN, ORDER THE IMMEDIATE SEIZURE OF SUCH FIREARM, RIFLE OR SHOTGUN, AND SEARCH THEREFOR, PURSUANT TO AN ORDER ISSUED IN ACCORDANCE WITH ARTICLE SIX HUNDRED NINETY OF THE CRIMINAL PROCEDURE LAW, CONSISTENT WITH SUCH RIGHTS AS THE DEFENDANT MAY DERIVE FROM THIS ARTICLE OR THE CONSTITUTION OF THIS STATE OR THE UNITED STATES. § 10. Paragraphs (a) and (b) of subdivision 3 of section 842-a of the family court act, as amended by chapter 60 of the laws of 2018, are amended and a new paragraph (c) is added to read as follows: (a) the court shall revoke any such existing license possessed by the respondent, order the respondent ineligible for such a license, and order the immediate surrender pursuant to subparagraph (f) of paragraph one of subdivision a of section 265.20 and subdivision six of section 400.05 of the penal law, of any or all firearms, rifles and shotguns owned or possessed where the willful failure to obey such order involves (i) the infliction of physical injury, as defined in subdivision nine of section 10.00 of the penal law, (ii) the use or threatened use of a deadly weapon or dangerous instrument as those terms are defined in subdivisions twelve and thirteen of section 10.00 of the penal law, or (iii) behavior constituting any violent felony offense as defined in section 70.02 of the penal law; or (iv) behavior constituting stalking in the first degree as defined in section 120.60 of the penal law, stalking in the second degree as defined in section 120.55 of the penal law, stalking in the third degree as defined in section 120.50 of the penal law or stalking in the fourth degree as defined in section 120.45 of such law; [and] (b) the court shall where the court finds a substantial risk that the respondent may use or threaten to use a firearm, rifle or shotgun unlaw- fully against the person or persons for whose protection the order of protection was issued, (i) revoke any such existing license possessed by the respondent, order the respondent ineligible for such a license, whether or not the respondent possesses such a license, and order the immediate surrender pursuant to subparagraph (f) of paragraph one of subdivision a of section 265.20 and subdivision six of section 400.05 of the penal law, of any or all firearms, rifles and shotguns owned or possessed or (ii) suspend any such existing license possessed by the respondent, order the respondent ineligible for such a license, and order the immediate surrender of any or all firearms, rifles and shot- guns owned or possessed[.]; AND (C) THE COURT MAY WHERE THE DEFENDANT WILLFULLY REFUSES TO SURRENDER SUCH FIREARM, RIFLE OR SHOTGUN PURSUANT TO PARAGRAPHS (A) AND (B) OF THIS SUBDIVISION, OR FOR OTHER GOOD CAUSE SHOWN, ORDER THE IMMEDIATE SEIZURE OF SUCH FIREARM, RIFLE OR SHOTGUN, AND SEARCH THEREFOR, PURSUANT TO AN ORDER ISSUED IN ACCORDANCE WITH ARTICLE SIX HUNDRED NINETY OF THE CRIMINAL PROCEDURE LAW, CONSISTENT WITH SUCH RIGHTS AS THE DEFENDANT MAY DERIVE FROM THIS ARTICLE OR THE CONSTITUTION OF THIS STATE OR THE UNITED STATES. S. 7505--B 23 A. 9505--B § 11. Subdivisions 6 and 7 of section 842-a of the family court act, as amended by chapter 60 of the laws of 2018, are amended to read as follows: 6. Notice. (a) Where an order requiring surrender, revocation, suspen- sion, SEIZURE or ineligibility has been issued pursuant to this section, any temporary order of protection or order of protection issued shall state that such firearm license has been suspended or revoked or that the respondent is ineligible for such license, as the case may be, and that the defendant is prohibited from possessing any firearms, rifles or shotguns. (b) The court revoking or suspending the license, ordering the respondent ineligible for such license, or ordering the surrender OR SEIZURE of any firearm, rifles or shotguns shall immediately notify the statewide registry of orders of protection and the duly constituted police authorities of the locality of such action. (c) The court revoking or suspending the license or ordering the defendant ineligible for such license shall give written notice thereof without unnecessary delay to the division of state police at its office in the city of Albany. (d) Where an order of revocation, suspension, ineligibility, [or] surrender, OR SEIZURE is modified or vacated, the court shall immediate- ly notify the statewide registry of orders of protection and the duly constituted police authorities of the locality concerning such action and shall give written notice thereof without unnecessary delay to the division of state police at its office in the city of Albany. 7. Hearing. The respondent shall have the right to a hearing before the court regarding any revocation, suspension, ineligibility [or], surrender OR SEIZURE order issued pursuant to this section, provided that nothing in this subdivision shall preclude the court from issuing any such order prior to a hearing. Where the court has issued such an order prior to a hearing, it shall commence such hearing within fourteen days of the date such order was issued. § 12. This act shall take effect on the first of November next succeeding the date on which it shall have become a law. PART N Section 1. Subdivision 17 of section 265.00 of the penal law, as added by chapter 1041 of the laws of 1974, paragraph (a) as amended by chapter 264 of the laws of 2003, paragraph (b) as separately amended by sections 2 and 3 of chapter 232 of the laws of 2010, and paragraph (c) as added by chapter 60 of the laws of 2018, is amended to read as follows: 17. "Serious offense" means (a) [any of the following offenses defined in the former penal law as in force and effect immediately prior to September first, nineteen hundred sixty-seven: illegally using, carrying or possessing a pistol or other dangerous weapon; making or possessing burglar's instruments; buying or receiving stolen property; unlawful entry of a building; aiding escape from prison; that kind of disorderly conduct defined in subdivisions six and eight of section seven hundred twenty-two of such former penal law; violations of sections four hundred eighty-three, four hundred eighty-three-b, four hundred eighty-four-h and article one hundred six of such former penal law; that kind of crim- inal sexual act or rape which was designated as a misdemeanor; violation of section seventeen hundred forty-seven-d and seventeen hundred forty- seven-e of such former penal law; any violation of any provision of article thirty-three of the public health law relating to narcotic drugs S. 7505--B 24 A. 9505--B which was defined as a misdemeanor by section seventeen hundred fifty- one-a of such former penal law, and any violation of any provision of article thirty-three-A of the public health law relating to depressant and stimulant drugs which was defined as a misdemeanor by section seven- teen hundred forty-seven-b of such former penal law. (b)] any of the following offenses defined in the CURRENT penal law AND ANY OFFENSE IN ANY JURISDICTION OR THE FORMER PENAL LAW THAT INCLUDES ALL OF THE ESSENTIAL ELEMENTS OF ANY OF THE FOLLOWING OFFENSES: illegally using, carrying or possessing a pistol or other dangerous weapon; possession of burglar's tools; criminal possession of stolen property in the third degree; escape in the third degree; jostling; fraudulent accosting; endangering the welfare of a child; [the offenses defined in article two hundred thirty-five;] OBSCENITY IN THE THIRD DEGREE; issuing abortional articles; permitting prostitution; promoting prostitution in the third degree; stalking in the fourth degree; stalk- ing in the third degree; [the offenses defined in article one hundred thirty; the offenses defined in article two hundred twenty] SEXUAL MISCONDUCT; FORCIBLE TOUCHING; SEXUAL ABUSE IN THE THIRD DEGREE; SEXUAL ABUSE IN THE SECOND DEGREE; CRIMINAL POSSESSION OF A CONTROLLED SUBSTANCE IN THE SEVENTH DEGREE; CRIMINALLY POSSESSING A HYPODERMIC INSTRUMENT; CRIMINALLY USING DRUG PARAPHERNALIA IN THE SECOND DEGREE; CRIMINAL POSSESSION OF METHAMPHETAMINE MANUFACTURING MATERIAL IN THE SECOND DEGREE; AND A HATE CRIME DEFINED IN ARTICLE FOUR HUNDRED EIGHTY- FIVE OF THIS CHAPTER. [(b) any of the following offenses defined in the penal law: illegally using, carrying or possessing a pistol or other dangerous weapon; possession of burglar's tools; criminal possession of stolen property in the third degree; escape in the third degree; jostling; fraudulent accosting; endangering the welfare of a child; the offenses defined in article two hundred thirty-five; issuing abortional articles; permitting prostitution; promoting prostitution in the third degree; stalking in the third degree; stalking in the fourth degree; the offenses defined in article one hundred thirty; the offenses defined in article two hundred twenty. (c)] (B) any of the following offenses DEFINED IN THE CURRENT PENAL LAW AND ANY OFFENSE IN ANY JURISDICTION OR IN THE FORMER PENAL LAW THAT INCLUDES ALL OF THE ESSENTIAL ELEMENTS OF ANY OF THE FOLLOWING OFFENSES, where the defendant and the person against whom the offense was commit- ted were members of the same family or household as defined in subdivi- sion one of section 530.11 of the criminal procedure law and as estab- lished pursuant to section 370.15 of the criminal procedure law: assault in the third degree; menacing in the third degree; menacing in the second degree; criminal obstruction of breathing or blood circulation; unlawful imprisonment in the second degree; coercion in the third degree; criminal tampering in the third degree; criminal contempt in the second degree; harassment in the first degree; aggravated harassment in the second degree; criminal trespass in the third degree; criminal tres- pass in the second degree; arson in the fifth degree; or attempt to commit any of the above-listed offenses. (C) ANY MISDEMEANOR OFFENSE IN ANY JURISDICTION OR IN THE FORMER PENAL LAW THAT INCLUDES ALL OF THE ESSENTIAL ELEMENTS OF A FELONY OFFENSE AS DEFINED IN THE CURRENT PENAL LAW. § 2. Section 400.00 of the penal law is amended by adding a new subdi- vision 1-a to read as follows: 1-A. FOR PURPOSES OF SUBDIVISION ONE OF THIS SECTION, SERIOUS OFFENSE SHALL INCLUDE AN OFFENSE IN ANY JURISDICTION OR THE FORMER PENAL LAW S. 7505--B 25 A. 9505--B THAT INCLUDES ALL OF THE ESSENTIAL ELEMENTS OF A SERIOUS OFFENSE AS DEFINED BY SUBDIVISION SEVENTEEN OF SECTION 265.00 OF THIS CHAPTER. NOTHING IN THIS SUBDIVISION SHALL PRECLUDE THE DENIAL OF A LICENSE BASED ON THE COMMISSION OF, ARREST FOR OR CONVICTION OF AN OFFENSE IN ANY OTHER JURISDICTION WHICH DOES NOT INCLUDE ALL OF THE ESSENTIAL ELEMENTS OF A SERIOUS OFFENSE. § 3. Section 837 of the executive law is amended by adding a new subdivision 22 to read as follows: 22. (A) MAINTAIN AND ANNUALLY UPDATE A LIST OF OFFENSES IN STATES AND TERRITORIES OF THE UNITED STATES OTHER THAN NEW YORK THAT INCLUDE ALL OF THE ESSENTIAL ELEMENTS OF A SERIOUS OFFENSE AS DEFINED BY SUBDIVISION SEVENTEEN OF SECTION 265.00 OF THE PENAL LAW, TO ASSIST COURTS, LICENS- ING AUTHORITIES AND OTHERS IN DETERMINING WHICH OFFENSES IN SUCH OTHER STATES AND TERRITORIES QUALIFY AS A SERIOUS OFFENSE FOR PURPOSES OF ARTICLE TWO HUNDRED SIXTY-FIVE OF THE PENAL LAW, SUBDIVISION SEVENTEEN OF SECTION 265.00 OF THE PENAL LAW, AND SUBDIVISION ONE-A OF SECTION 400.00 OF THE PENAL LAW. THE DIVISION SHALL APPEND TO SUCH LIST OF OFFENSES A DISCLAIMER THAT SUCH LIST SHALL BE FOR INFORMATIONAL PURPOSES ONLY AND IS NOT INTENDED TO BE A SUBSTITUTE FOR THE ADVICE OF AN ATTOR- NEY OR COUNSELOR-AT-LAW. (B) SUCH UPDATED LIST SHALL BE PROMINENTLY POSTED ON THE WEBSITE MAIN- TAINED BY THE DIVISION. EACH LIST SHALL BEAR THE DATE OF POSTING, AND EACH POSTED AND DATED LISTING SHALL BE SEPARATELY MAINTAINED BY THE DIVISION AS A RECORD AVAILABLE TO THE PUBLIC. THE FIRST LIST COMPILED UNDER THIS SUBDIVISION SHALL BE PROMINENTLY POSTED BY THE DIVISION NO LATER THAN NINE MONTHS AFTER THE EFFECTIVE DATE OF THIS SUBDIVISION. § 4. This act shall take effect immediately; provided, however, that sections one and two of this act shall take effect one year after it shall have become a law and shall apply to out-of-state convictions entered in such jurisdictions on or after such date. PART O Intentionally Omitted PART P Intentionally Omitted PART Q Section 1. Subdivisions 1 and 2 of section 370.15 of the criminal procedure law, as added by chapter 60 of the laws of 2018, are amended to read as follows: 1. When a defendant has been charged with assault in the third degree, menacing in the third degree, menacing in the second degree, criminal obstruction of breathing or blood circulation, unlawful imprisonment in the second degree, coercion in the third degree, criminal tampering in the third degree, criminal contempt in the second degree, harassment in the first degree, aggravated harassment in the second degree, criminal trespass in the third degree, criminal trespass in the second degree, arson in the fifth degree, or attempt to commit any of the above-listed offenses, the people [may] SHALL, at arraignment or no later than forty-five days after arraignment, serve on the defendant and file with the court a notice alleging that the defendant and the person alleged to S. 7505--B 26 A. 9505--B be the victim of such crime were members of the same family or household as defined in subdivision one of section 530.11 of this chapter. 2. Such notice shall include the name of the person alleged to be the victim of such crime and shall specify the nature of the alleged relationship as set forth in subdivision one of section 530.11 of this chapter. Upon conviction of such offense, the court shall advise the defendant that he or she is entitled to a hearing solely on the allega- tion contained in the notice and, if necessary, an adjournment of the sentencing proceeding in order to prepare for such hearing, and that if such allegation is sustained, that determination and conviction will be reported to the division of criminal justice services. IF SUCH ALLEGA- TION IS SUSTAINED, THE COURT SHALL REPORT THE DETERMINATION AND CONVICTION TO THE DIVISION OF CRIMINAL JUSTICE SERVICES WITHIN THREE BUSINESS DAYS. § 2. This act shall take effect immediately. PART R Section 1. Short title. This act shall be known and may be cited as the "Josef Neumann Hate Crimes Domestic Terrorism Act". § 2. The opening paragraph of section 485.00 of the penal law, as amended by chapter 8 of the laws of 2019, is amended to read as follows: The legislature finds and determines as follows: criminal acts involv- ing violence, intimidation and destruction of property based upon bias and prejudice have become more prevalent in New York state in recent years. The intolerable truth is that in these crimes, commonly and justly referred to as "hate crimes", victims are intentionally selected, in whole or in part, because of their race, color, national origin, ancestry, gender, gender identity or expression, religion, religious practice, age, disability or sexual orientation. Hate crimes do more than threaten the safety and welfare of all citizens. They inflict on victims incalculable physical and emotional damage and tear at the very fabric of free society. Crimes motivated by invidious hatred toward particular groups not only harm individual victims but send a powerful message of intolerance and discrimination to all members of the group to which the victim belongs. Hate crimes can and do intimidate and disrupt entire communities and vitiate the civility that is essential to healthy democratic processes. In a democratic society, citizens cannot be required to approve of the beliefs and practices of others, but must never commit criminal acts on account of them. [Current law] HOWEVER, THESE CRIMINAL ACTS DO OCCUR AND ARE OCCURRING MORE AND MORE FREQUENTLY. QUITE OFTEN, THESE CRIMES OF HATE ARE ALSO ACTS OF TERROR. THE RECENT ATTACKS IN MONSEY, NEW YORK AS WELL AS THE SHOOTINGS IN EL PASO, TEXAS; PITTSBURGH, PENNSYLVANIA; SUTHERLAND SPRINGS, TEXAS; ORLANDO, FLORIDA; AND CHARLESTON, SOUTH CAROLINA ILLUSTRATE THAT MASS KILLINGS ARE OFTEN APOLITICAL, MOTIVATED BY THE HATRED OF A SPECIFIC GROUP COUPLED WITH A DESIRE TO INFLICT MASS CASUALTIES. THE CURRENT LAW EMPHASIZES THE POLI- TICAL MOTIVATION OF AN ACT OVER ITS CATASTROPHIC EFFECT AND does not adequately recognize the harm to public order and individual safety that hate crimes cause. Therefore, our laws must be strengthened to provide clear recognition of the gravity of hate crimes and the compelling importance of preventing their recurrence. § 3. Subdivision 3 of section 485.05 of the penal law, as amended by section 9 of part NN of chapter 55 of the laws of 2018, is amended to read as follows: S. 7505--B 27 A. 9505--B 3. A "specified offense" is an offense defined by any of the following provisions of this chapter: section 120.00 (assault in the third degree); section 120.05 (assault in the second degree); section 120.10 (assault in the first degree); section 120.12 (aggravated assault upon a person less than eleven years old); section 120.13 (menacing in the first degree); section 120.14 (menacing in the second degree); section 120.15 (menacing in the third degree); section 120.20 (reckless endan- germent in the second degree); section 120.25 (reckless endangerment in the first degree); section 121.12 (strangulation in the second degree); section 121.13 (strangulation in the first degree); subdivision one of section 125.15 (manslaughter in the second degree); subdivision one, two or four of section 125.20 (manslaughter in the first degree); section 125.25 (murder in the second degree); section 120.45 (stalking in the fourth degree); section 120.50 (stalking in the third degree); section 120.55 (stalking in the second degree); section 120.60 (stalking in the first degree); subdivision one of section 130.35 (rape in the first degree); subdivision one of section 130.50 (criminal sexual act in the first degree); subdivision one of section 130.65 (sexual abuse in the first degree); paragraph (a) of subdivision one of section 130.67 (aggravated sexual abuse in the second degree); paragraph (a) of subdi- vision one of section 130.70 (aggravated sexual abuse in the first degree); section 135.05 (unlawful imprisonment in the second degree); section 135.10 (unlawful imprisonment in the first degree); section 135.20 (kidnapping in the second degree); section 135.25 (kidnapping in the first degree); section 135.60 (coercion in the third degree); section 135.61 (coercion in the second degree); section 135.65 (coercion in the first degree); section 140.10 (criminal trespass in the third degree); section 140.15 (criminal trespass in the second degree); section 140.17 (criminal trespass in the first degree); section 140.20 (burglary in the third degree); section 140.25 (burglary in the second degree); section 140.30 (burglary in the first degree); section 145.00 (criminal mischief in the fourth degree); section 145.05 (criminal mischief in the third degree); section 145.10 (criminal mischief in the second degree); section 145.12 (criminal mischief in the first degree); section 150.05 (arson in the fourth degree); section 150.10 (arson in the third degree); section 150.15 (arson in the second degree); section 150.20 (arson in the first degree); section 155.25 (petit larceny); section 155.30 (grand larceny in the fourth degree); section 155.35 (grand larceny in the third degree); section 155.40 (grand larceny in the second degree); section 155.42 (grand larceny in the first degree); section 160.05 (robbery in the third degree); section 160.10 (robbery in the second degree); section 160.15 (robbery in the first degree); section 240.25 (harassment in the first degree); subdivision one, two or four of section 240.30 (aggravated harassment in the second degree); SECTION 490.10 (SOLICITING OR PROVIDING SUPPORT FOR AN ACT OF TERRORISM IN THE SECOND DEGREE); SECTION 490.15 (SOLICITING OR PROVIDING SUPPORT FOR AN ACT OF TERRORISM IN THE FIRST DEGREE); SECTION 490.20 (MAKING A TERRORISTIC THREAT); SECTION 490.25 (CRIME OF TERRORISM); SECTION 490.30 (HINDERING PROSECUTION OF TERRORISM IN THE SECOND DEGREE); SECTION 490.35 (HINDERING PROSECUTION OF TERRORISM IN THE FIRST DEGREE); SECTION 490.37 (CRIMINAL POSSESSION OF A CHEMICAL WEAPON OR BIOLOGICAL WEAPON IN THE THIRD DEGREE); SECTION 490.40 (CRIMINAL POSSESSION OF A CHEMICAL WEAPON OR BIOLOGICAL WEAPON IN THE SECOND DEGREE); SECTION 490.45 (CRIM- INAL POSSESSION OF A CHEMICAL WEAPON OR BIOLOGICAL WEAPON IN THE FIRST DEGREE); SECTION 490.47 (CRIMINAL USE OF A CHEMICAL WEAPON OR BIOLOGICAL WEAPON IN THE THIRD DEGREE); SECTION 490.50 (CRIMINAL USE OF A CHEMICAL S. 7505--B 28 A. 9505--B WEAPON OR BIOLOGICAL WEAPON IN THE SECOND DEGREE); SECTION 490.55 (CRIM- INAL USE OF A CHEMICAL WEAPON OR BIOLOGICAL WEAPON IN THE FIRST DEGREE); or any attempt or conspiracy to commit any of the foregoing offenses. § 4. The penal law is amended by adding two new sections 490.27 and 490.28 to read as follows: § 490.27 DOMESTIC ACT OF TERRORISM MOTIVATED BY HATE IN THE SECOND DEGREE. A PERSON IS GUILTY OF THE CRIME OF DOMESTIC ACT OF TERRORISM MOTIVATED BY HATE IN THE SECOND DEGREE WHEN, ACTING WITH THE INTENT TO CAUSE THE DEATH OF, OR SERIOUS PHYSICAL INJURY TO, FIVE OR MORE OTHER PERSONS, IN WHOLE OR IN SUBSTANTIAL PART BECAUSE OF THE PERCEIVED RACE, COLOR, NATIONAL ORIGIN, ANCESTRY, GENDER, GENDER IDENTITY OR EXPRESSION, RELI- GION, RELIGIOUS PRACTICE, AGE, DISABILITY, OR SEXUAL ORIENTATION OF SUCH OTHER PERSONS, REGARDLESS OF WHETHER THAT BELIEF OR PERCEPTION IS CORRECT, HE OR SHE, AS PART OF THE SAME CRIMINAL TRANSACTION, ATTEMPTS TO CAUSE THE DEATH OF, OR SERIOUS PHYSICAL INJURY TO, SUCH FIVE OR MORE PERSONS, PROVIDED THAT THE VICTIMS ARE NOT PARTICIPANTS IN THE CRIMINAL TRANSACTION. DOMESTIC ACT OF TERRORISM MOTIVATED BY HATE IN THE SECOND DEGREE IS A CLASS A-I FELONY. § 490.28 DOMESTIC ACT OF TERRORISM MOTIVATED BY HATE IN THE FIRST DEGREE. A PERSON IS GUILTY OF THE CRIME OF DOMESTIC ACT OF TERRORISM MOTIVATED BY HATE IN THE FIRST DEGREE WHEN, ACTING WITH THE INTENT TO CAUSE THE DEATH OF, OR SERIOUS PHYSICAL INJURY TO, FIVE OR MORE OTHER PERSONS, IN WHOLE OR IN SUBSTANTIAL PART BECAUSE OF THE PERCEIVED RACE, COLOR, NATIONAL ORIGIN, ANCESTRY, GENDER, GENDER IDENTITY OR EXPRESSION, RELI- GION, RELIGIOUS PRACTICE, AGE, DISABILITY, OR SEXUAL ORIENTATION OF SUCH OTHER PERSON OR PERSONS, REGARDLESS OF WHETHER THAT BELIEF OR PERCEPTION IS CORRECT, HE OR SHE, AS PART OF THE SAME CRIMINAL TRANSACTION: 1. CAUSES THE DEATH OF AT LEAST ONE OTHER PERSON, PROVIDED THAT THE VICTIM OR VICTIMS ARE NOT A PARTICIPANT IN THE CRIMINAL TRANSACTION; AND 2. CAUSES OR ATTEMPTS TO CAUSE THE DEATH OF FOUR OR MORE ADDITIONAL OTHER PERSONS, PROVIDED THAT THE VICTIMS ARE NOT A PARTICIPANT IN THE CRIMINAL TRANSACTION; AND 3. THE DEFENDANT WAS MORE THAN EIGHTEEN YEARS OLD AT THE TIME OF THE COMMISSION OF THE CRIME. DOMESTIC ACT OF TERRORISM MOTIVATED BY HATE IN THE FIRST DEGREE IS A CLASS A-I FELONY. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, WHEN A PERSON IS CONVICTED OF DOMESTIC ACT OF TERRORISM MOTIVATED BY HATE IN THE FIRST DEGREE, THE SENTENCE SHALL BE LIFE IMPRISONMENT WITHOUT PAROLE. § 5. Paragraph (q) of subdivision 8 of section 700.05 of the criminal procedure law, as amended by section 3 of part A of chapter 1 of the laws of 2004, is amended to read as follows: (q) Soliciting or providing support for an act of terrorism in the second degree as defined in section 490.10 of the penal law, soliciting or providing support for an act of terrorism in the first degree as defined in section 490.15 of the penal law, making a terroristic threat as defined in section 490.20 of the penal law, crime of terrorism as defined in section 490.25 of the penal law, DOMESTIC ACT OF TERRORISM MOTIVATED BY HATE IN THE SECOND DEGREE AS DEFINED IN SECTION 490.27 OF THE PENAL LAW, DOMESTIC ACT OF TERRORISM MOTIVATED BY HATE IN THE FIRST DEGREE AS DEFINED IN SECTION 490.28 OF THE PENAL LAW, hindering prose- cution of terrorism in the second degree as defined in section 490.30 of the penal law, hindering prosecution of terrorism in the first degree as S. 7505--B 29 A. 9505--B defined in section 490.35 of the penal law, criminal possession of a chemical weapon or biological weapon in the third degree as defined in section 490.37 of the penal law, criminal possession of a chemical weap- on or biological weapon in the second degree as defined in section 490.40 of the penal law, criminal possession of a chemical weapon or biological weapon in the first degree as defined in section 490.45 of the penal law, criminal use of a chemical weapon or biological weapon in the third degree as defined in section 490.47 of the penal law, criminal use of a chemical weapon or biological weapon in the second degree as defined in section 490.50 of the penal law, and criminal use of a chemi- cal weapon or biological weapon in the first degree as defined in section 490.55 of the penal law. § 6. Domestic terrorism task force. (a) There is hereby created the domestic terrorism task force to examine, evaluate and determine how to prevent mass shootings by domestic terrorists, consisting of nine members, each to serve until two years after the effective date of this act. (b) (1) Such members shall be appointed as follows: one member shall be the commissioner of the division of criminal justice services; one member shall be the superintendent of state police; three members shall be appointed by the governor; one member shall be appointed by the temporary president of the senate; one member shall be appointed by the minority leader of the senate; one member shall be appointed by the speaker of the assembly; and one member shall be appointed by the minor- ity leader of the assembly. Appointments shall be made within sixty days of the effective date of this act. Vacancies in the task force shall be filled in the same manner provided for original appointments. (2) All appointees shall have expertise in fields or disciplines related to criminal justice or violence prevention. (3) The task force shall be chaired by the commissioner of the divi- sion of criminal justice services. The task force shall elect a vice- chair by majority vote and other necessary officers from among all appointed members. (4) The task force shall meet at least quarterly at the call of the chair. Meetings may be held via teleconference. Special meetings may be called by the chair at the request of a majority of the members of the task force. (5) Members of the task force shall receive no compensation for their services but shall be reimbursed for their actual expenses incurred in the performance of their duties in the work of the task force. (c) The task force shall: (1) study mass shooting incidents; (2) recommend practices to identify potential mass shooters and prevent mass shooting incidents; and (3) recommend practices to provide for the security of locations like- ly to be targeted by a mass shooter. (d) The task force may establish advisory committees as it deems appropriate on matters relating to the task force's functions, powers and duties. Such committees shall be chaired by a task force member, but may be composed of task force members as well as other individuals selected by the task force to provide expertise of interest specific to the charge of such committees. (e) The task force may, as it deems appropriate, request that studies, surveys and analyses relating to the task force's powers and duties be performed by any state department, commission, agency or public authori- ty. All state departments, commissions, agencies or public authorities S. 7505--B 30 A. 9505--B shall provide information and advice in a timely manner and otherwise assist the task force with its work; provided however, any information or records otherwise confidential and privileged in accordance with state or federal law that are provided to the task force pursuant to this subdivision shall remain confidential as provided by such state or federal law. (f) The task force shall provide a preliminary report to the governor and the legislature of its findings, conclusions, recommendations and activities already undertaken by the task force, not later than thirteen months after the effective date of this act, and a final report of its findings, conclusions, recommendations and activities already undertaken by the task force, not later than twenty-two months after the effective date of this act and shall submit with its reports legislative proposals as it deems necessary to implement its recommendations. § 7. This act shall take effect on the first of November next succeed- ing the date on which it shall have become a law. PART S Intentionally Omitted PART T Intentionally Omitted PART U Intentionally Omitted PART V Intentionally Omitted PART W Section 1. Paragraph (h) of subdivision 1 of section 209-a of the civil service law, as amended by section 1 of part E of chapter 55 of the laws of 2019, is amended to read as follows: (h) to disclose home addresses, personal telephone numbers, personal cell phone numbers, personal e-mail addresses of a public employee, as the term "public employee" is defined in subdivision seven of section two hundred one of this article, except (i) where required pursuant to the provisions of this article, [and] (ii) to the extent compelled to do so by lawful service of process, subpoena, court order, OR (III) IN ACCORDANCE WITH SUBDIVISION FOUR OF SECTION TWO HUNDRED EIGHT OF THIS ARTICLE, or as otherwise required by law. This paragraph shall not prohibit other provisions of law regarding work-related, publicly avail- able information such as title, salary, and dates of employment. § 2. Paragraph (b) of subdivision 4 of section 208 of the civil service law, as added by section 1 of part RRR of chapter 59 of the laws of 2018, is amended and a new paragraph (c) is added to read as follows: (b) Within thirty days of providing the notice in paragraph a of this subdivision, a public employer shall allow a duly appointed represen- tative of the employee organization that represents that bargaining unit to meet with such employee for a reasonable amount of time during his or her work time without charge to leave credits, unless otherwise speci- S. 7505--B 31 A. 9505--B fied within an agreement bargained collectively under article fourteen of the civil service law, provided however that arrangements for such meeting must be scheduled in consultation with a designated represen- tative of the public employer[.]; AND (C) UPON THE REQUEST OF THE CERTIFIED AND RECOGNIZED EMPLOYEE ORGAN- IZATION, AND IF THE PUBLIC EMPLOYER CONDUCTS NEW EMPLOYEE ORIENTATIONS, THE PUBLIC EMPLOYER SHALL PROVIDE THE EMPLOYEE ORGANIZATION MANDATORY ACCESS TO SUCH NEW EMPLOYEE ORIENTATIONS. THE EMPLOYEE ORGANIZATION SHALL RECEIVE NOT LESS THAN TEN DAYS' NOTICE IN ADVANCE OF AN ORIEN- TATION, EXCEPT THAT A SHORTER NOTICE MAY BE PROVIDED IN A SPECIFIC INSTANCE WHERE THERE IS AN URGENT NEED CRITICAL TO THE EMPLOYER'S OPER- ATIONS THAT WAS NOT REASONABLY FORESEEABLE TO PROVIDE SUCH NOTICE. THE STRUCTURE, TIME, AND MANNER OF EXCLUSIVE REPRESENTATIVE ACCESS SHALL BE DETERMINED THROUGH MUTUAL AGREEMENT BETWEEN THE EMPLOYER AND THE EMPLOY- EE ORGANIZATION. § 3. Section 215 of the civil service law, as added by section 1 of part DD of chapter 56 of the laws of 2019, is amended to read as follows: § 215. [Agency] DUES OR AGENCY shop fee deductions. 1. Notwithstanding any other law to the contrary, any public employer, any employee organ- ization, the comptroller and the board, or any of their employees or agents, shall not be liable for, and shall have a complete defense to, any claims or actions under the laws of this state for requiring, deducting, receiving, or retaining DUES OR agency shop fee deductions from public employees, and current or former public employees shall not have standing to pursue these claims or actions, if the DUES OR fees were permitted or mandated at the time under the laws of this state then in force and paid, through payroll deduction or otherwise, prior to June twenty-seventh, two thousand eighteen. 2. This section shall apply to claims and actions pending or filed on or after June twenty-seventh, two thousand eighteen. 3. The enactment of this section shall not be interpreted to create the inference that any relief made unavailable by this section would otherwise be available. § 4. This act shall take effect immediately. PART X Intentionally Omitted PART Y Section 1. Subdivision 10 of section 160 of the state finance law, as added by chapter 83 of the laws of 1995, is amended to read as follows: 10. "Technology" means either a good or a service or a combination thereof, [that results in a technical method of achieving a practical purpose or in improvements in productivity] USED IN THE APPLICATION OF ANY COMPUTER OR ELECTRONIC INFORMATION OR INTERCONNECTED SYSTEM THAT IS USED IN THE ACQUISITION, STORAGE, MANIPULATION, MANAGEMENT, MOVEMENT, CONTROL, DISPLAY, SWITCHING, INTERCHANGE, TRANSMISSION, OR RECEPTION OF DATA OR VOICE INCLUDING, BUT NOT LIMITED TO, HARDWARE, SOFTWARE, INFOR- MATION APPLIANCES, FIRMWARE, PROGRAMS, SYSTEMS, NETWORKS, INFRASTRUC- TURE, MEDIA, AND RELATED MATERIAL USED TO AUTOMATICALLY AND ELECTRON- ICALLY COLLECT, RECEIVE, ACCESS, TRANSMIT, DISPLAY, STORE, RECORD, RETRIEVE, ANALYZE, EVALUATE, PROCESS, CLASSIFY, MANIPULATE, MANAGE, ASSIMILATE, CONTROL, COMMUNICATE, EXCHANGE, CONVERT, COVERAGE, INTER- S. 7505--B 32 A. 9505--B FACE, SWITCH, OR DISSEMINATE DATA OF ANY KIND OR FORM, AND SHALL INCLUDE ALL ASSOCIATED CONSULTING, MANAGEMENT, FACILITIES, MAINTENANCE AND TRAINING. Goods may be either new or used. § 2. Subdivision 5 of section 101 of the state technology law, as added by chapter 430 of the laws of 1997 and as renumbered by chapter 437 of the laws of 2004, is amended to read as follows: 5. "Technology" means [a good, service, or good and service that results in a digital, electronic or similar technical method of achiev- ing a practical purpose or in improvements in productivity, including but not limited to information management, equipment, software, operat- ing systems, interface systems, interconnected systems, telecommuni- cations, data management, networks, and network management, consulting, supplies, facilities, maintenance and training] EITHER A GOOD OR A SERVICE OR A COMBINATION THEREOF, USED IN THE APPLICATION OF ANY COMPUT- ER OR ELECTRONIC INFORMATION OR INTERCONNECTED SYSTEM THAT IS USED IN THE ACQUISITION, STORAGE, MANIPULATION, MANAGEMENT, MOVEMENT, CONTROL, DISPLAY, SWITCHING, INTERCHANGE, TRANSMISSION, OR RECEPTION OF DATA OR VOICE INCLUDING, BUT NOT LIMITED TO, HARDWARE, SOFTWARE, INFORMATION APPLIANCES, FIRMWARE, PROGRAMS, SYSTEMS, NETWORKS, INFRASTRUCTURE, MEDIA, AND RELATED MATERIAL USED TO AUTOMATICALLY AND ELECTRONICALLY COLLECT, RECEIVE, ACCESS, TRANSMIT, DISPLAY, STORE, RECORD, RETRIEVE, ANALYZE, EVALUATE, PROCESS, CLASSIFY, MANIPULATE, MANAGE, ASSIMILATE, CONTROL, COMMUNICATE, EXCHANGE, CONVERT, COVERAGE, INTERFACE, SWITCH, OR DISSEMINATE DATA OF ANY KIND OR FORM, AND SHALL INCLUDE ALL ASSOCIATED CONSULTING, MANAGEMENT, FACILITIES, MAINTENANCE, SUPPORT AND TRAINING. GOODS MAY BE EITHER NEW OR USED. § 3. This act shall take effect immediately. PART Z Section 1. Section 1 of part S of chapter 56 of the laws of 2010, relating to establishing a joint appointing authority for the state financial system project, is amended to read as follows: Section 1. The division of the budget and office of the state comp- troller may dedicate such officers and employees as may be needed to a joint project, which shall be known as the [state] STATEWIDE financial system project, and which shall be responsible for the development, implementation and maintenance of a single, statewide financial manage- ment system for use by the OFFICE OF THE state comptroller and all agen- cies. The division of the budget and the office of the state comptroller shall serve jointly as the appointing authority for all titles within the project, and shall jointly appoint a project [manager] DIRECTOR therefor. For purposes of appointment and promotion under the civil service law, the [state] STATEWIDE financial system project shall be treated as if it were a single department. FOR THE PURPOSES OF PROCURE- MENT AND CONTRACTING PURSUANT TO THE STATE FINANCE LAW, THE STATEWIDE FINANCIAL SYSTEM PROJECT SHALL BE TREATED AS A SINGLE DEPARTMENT, PROVIDED THAT ALL PROCUREMENTS AND CONTRACTS ISSUED AND AGREED TO BY THE STATEWIDE FINANCIAL SYSTEM PROJECT SHALL BE SUBJECT TO THE APPROVAL OF THE DIVISION OF THE BUDGET AND THE OFFICE OF THE STATE COMPTROLLER. § 2. This act shall take effect immediately. PART AA Section 1. Subdivision 4 of section 27 of chapter 95 of the laws of 2000 amending the state finance law, the general municipal law, the S. 7505--B 33 A. 9505--B public buildings law and other laws relating to bonds, notes and reven- ues, as amended by chapter 33 of the laws of 2015, is amended to read as follows: 4. Section seventeen of this act shall take effect July 1, 2000, and shall expire on June 30, [2020] 2030; provided, however, that any lease entered into for a term greater than ten years during the effective period of this section shall continue in full force and effect, and provided that upon the expiration of such section the commissioner of general services shall continue to be empowered to enter into leases having terms not exceeding ten years. § 2. This act shall take effect immediately. PART BB Intentionally Omitted PART CC Intentionally Omitted PART DD Intentionally Omitted PART EE Intentionally Omitted PART FF Section 1. Paragraphs (a) and (b) of subdivision 5 of section 106 of the alcoholic beverage control law, paragraph (a) as amended by chapter 297 of the laws of 2016, paragraph (b) as amended by chapter 83 of the laws of 1995, are amended and a new paragraph (c) is added to read as follows: (a) EXCEPT AS PROVIDED IN PARAGRAPH (C) OF THIS SUBDIVISION, ON Sunday, from four ante meridiem to ten o'clock a.m., except pursuant to a permit issued under section ninety-nine-h of this chapter. (b) [On] EXCEPT AS PROVIDED IN PARAGRAPH (C) OF THIS SUBDIVISION, ON any other day between four ante meridiem and eight ante meridiem. (C) ON ANY DAY BETWEEN THREE ANTE MERIDIAN AND SIX ANTE MERIDIAN, FOR A PREMISES LOCATED WITHIN AN INTERNATIONAL AIRPORT OWNED OR OPERATED BY THE PORT AUTHORITY OF NEW YORK AND NEW JERSEY. THE PROVISIONS OF THIS PARAGRAPH SHALL NOT BE SUBJECT TO CHANGE PURSUANT TO SUBDIVISION ELEVEN OF SECTION SEVENTEEN OF THIS CHAPTER. § 2. This act shall take effect immediately. PART GG Intentionally Omitted PART HH Intentionally Omitted PART II S. 7505--B 34 A. 9505--B Intentionally Omitted PART JJ Section 1. Section 9-208 of the election law is amended by adding a new subdivision 4 to read as follows: 4. (A) THE BOARD OF ELECTIONS OR A BIPARTISAN COMMITTEE APPOINTED BY THE BOARD SHALL CONDUCT A FULL MANUAL RECOUNT OF ALL BALLOTS FOR A PARTICULAR CONTEST: I. WHERE THE MARGIN OF VICTORY IS TWENTY VOTES OR LESS; OR II. WHERE THE MARGIN OF VICTORY IS 0.5% OR LESS; OR III. IN A CONTEST WHERE ONE MILLION OR MORE BALLOTS HAVE BEEN CAST AND THE MARGIN OF VICTORY IS LESS THAN 5,000 VOTES. (B) FOR THE PURPOSES OF THIS SECTION, THE TERM MARGIN OF VICTORY SHALL MEAN THE MARGIN BETWEEN ALL VOTES CAST IN THE ENTIRE CONTEST FOLLOWING THE RECANVASS OF VOTES. (C) WHERE THE CONTEST INVOLVES PORTIONS OF TWO OR MORE COUNTIES, THE MARGIN OF VICTORY SHALL BE DETERMINED BY THE STATE BOARD OF ELECTIONS BASED ON THE MOST RECENT RECANVASS RESULTS FOR THE CONTEST SUBMITTED BY THE BOARDS OF ELECTIONS OF THE COUNTIES INVOLVED. (D) THE RESULT OF THE MANUAL RECOUNT OF BALLOTS SHALL SUPERSEDE THE RETURNS FILED BY THE INSPECTORS OF ELECTION OF THE ELECTION DISTRICT IN WHICH THE CANVASS WAS INITIALLY MADE. § 2. 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 election held 120 days or more after such effective date. PART KK Intentionally Omitted PART LL Intentionally Omitted PART MM Intentionally Omitted PART NN Section 1. Paragraph 3 of subdivision (c) of section 1261 of the tax law, as amended by section 9 of part SS-1 of chapter 57 of the laws of 2008, is amended to read as follows: (3) However, the taxes, penalties and interest which (i) the county of Nassau, (ii) the county of Erie, to the extent the county of Erie is contractually or statutorily obligated to allocate and apply or pay net collections to the city of Buffalo and to the extent that such county has set aside net collections for educational purposes attributable to the Buffalo school district, or the city of Buffalo or (iii) the county of Erie is authorized to impose pursuant to section twelve hundred ten of this article, other than such taxes in the amounts described, respec- tively, in subdivisions one and two of section one thousand two hundred sixty-two-e of this part, during the period that such section authorizes Nassau county to establish special or local assistance programs there- under, together with any penalties and interest related thereto, and S. 7505--B 35 A. 9505--B after the comptroller has reserved such refund fund and such costs, shall, commencing on the next payment date after the effective date of this sentence and of each month thereafter, until such date as (i) the Nassau county interim finance authority shall have no obligations outstanding, or (ii) the Buffalo fiscal stability authority shall cease to exist, or (iii) the Erie county fiscal stability authority shall cease to exist, be paid by the comptroller, respectively, to (i) the Nassau county interim finance authority to be applied by the Nassau county interim finance authority, or (ii) to the Buffalo fiscal stabili- ty authority to be applied by the Buffalo fiscal stability authority, or (iii) to the Erie county fiscal stability authority to be applied by the Erie county fiscal stability authority, as the case may be, in the following order of priority: first pursuant to the Nassau county interim finance authority's contracts with bondholders or the Buffalo fiscal stability authority's contracts with bondholders or the Erie county fiscal stability authority's contracts with bondholders, respectively, then to pay the Nassau county interim finance authority's operating expenses not otherwise provided for or the Buffalo fiscal stability authority's operating expenses not otherwise provided for or the Erie county fiscal stability authority's operating expenses not otherwise provided for, respectively, THEN (I) FOR THE NASSAU COUNTY INTERIM FINANCE AUTHORITY TO PAY TO THE STATE AS SOON AS PRACTICABLE IN THE MONTHS OF MAY AND DECEMBER EACH YEAR, THE AMOUNT NECESSARY TO FULFILL THE TOWN AND VILLAGE DISTRIBUTION REQUIREMENT ON BEHALF OF NASSAU COUNTY PURSUANT TO PARAGRAPH FIVE-A OF THIS SUBDIVISION, OR (II) FOR THE BUFFALO FISCAL STABILITY AUTHORITY TO PAY TO THE STATE AS SOON AS PRAC- TICABLE IN THE MONTHS OF MAY AND DECEMBER EACH YEAR, THE PERCENTAGE OF THE AMOUNT NECESSARY TO FULFILL THE TOWN AND VILLAGE DISTRIBUTION REQUIREMENT ON BEHALF OF ERIE COUNTY PURSUANT TO PARAGRAPH FIVE-A OF THIS SUBDIVISION THAT EQUATES TO THE PERCENTAGE OF THE COUNTY NET COLLECTIONS THAT THE CITY OF BUFFALO AND THE BUFFALO CITY SCHOOL DISTRICT, TOGETHER, ARE DUE IN THE MONTHS OF MAY AND DECEMBER EACH YEAR, OR (III) FOR THE ERIE COUNTY FISCAL STABILITY AUTHORITY TO PAY TO THE STATE AS SOON AS PRACTICABLE IN THE MONTHS OF MAY AND DECEMBER EACH YEAR, THE AMOUNT NECESSARY TO FULFILL THE TOWN AND VILLAGE DISTRIBUTION REQUIREMENT ON BEHALF OF ERIE COUNTY PURSUANT TO PARAGRAPH FIVE-A OF THIS SUBDIVISION, LESS THE AMOUNT BEING PAID TO THE STATE BY THE BUFFALO FISCAL STABILITY AUTHORITY IN EACH RESPECTIVE MONTH, and then (i) pursu- ant to the Nassau county interim finance authority's agreements with the county of Nassau, which agreements shall require the Nassau county interim finance authority to transfer such taxes, penalties and interest remaining after providing for contractual or other obligations of the Nassau county interim finance authority, and subject to any agreement between such authority and the county of Nassau, to the county of Nassau as frequently as practicable; or (ii) pursuant to the Buffalo fiscal stability authority's agreements with the city of Buffalo, which agree- ments shall require the Buffalo fiscal stability authority to transfer such taxes, penalties and interest remaining after providing for contractual or other obligations of the Buffalo fiscal stability author- ity, and subject to any agreement between such authority and the city of Buffalo, to the city of Buffalo or the city of Buffalo school district, as the case may be, as frequently as practicable; or (iii) pursuant to the Erie county fiscal stability authority's agreements with the county of Erie, which agreements shall require the Erie county fiscal stability authority to transfer such taxes, penalties and interest remaining after providing for contractual or other obligations of the Erie county fiscal S. 7505--B 36 A. 9505--B stability authority, and subject to any agreement between such authority and the county of Erie, to the county of Erie as frequently as practica- ble. During the period that the comptroller is required to make payments to the Nassau county interim finance authority described in the previous sentence, the county of Nassau shall have no right, title or interest in or to such taxes, penalties and interest required to be paid to the Nassau county interim finance authority, except as provided in such authority's agreements with the county of Nassau. During the period that the comptroller is required to make payments to the Buffalo fiscal stability authority described in the second previous sentence, the city of Buffalo and such school district shall have no right, title or inter- est in or to such taxes, penalties and interest required to be paid to the Buffalo fiscal stability authority, except as provided in such authority's agreements with the city of Buffalo. During the period that the comptroller is required to make payments to the Erie county fiscal stability authority described in the third previous sentence, the county of Erie shall have no right, title or interest in or to such taxes, penalties and interest required to be paid to the Erie county fiscal stability authority, except as provided in such authority's agreements with the county of Erie. § 2. Paragraph 5-a of subdivision (c) of section 1261 of the tax law, as added by section 3 of part PPP of chapter 59 of the laws of 2019, is amended to read as follows: (5-a) However, after the comptroller has made the payments TO THE NASSAU COUNTY INTERIM FINANCE AUTHORITY, THE BUFFALO FISCAL STABILITY AUTHORITY, AND THE ERIE COUNTY FISCAL STABILITY AUTHORITY required by [paragraphs two,] PARAGRAPH three [and five] of this subdivision, for each municipality that received a base level grant in state fiscal year two thousand eighteen-two thousand nineteen but not in state fiscal year two thousand nineteen-two thousand twenty under the aid and incentives for municipalities program pursuant to subdivision ten of section fifty-four of the state finance law, the comptroller shall annually withhold FROM EACH COUNTY EXCEPT NASSAU AND ERIE from the remaining taxes, penalties and interest imposed by the county in which a majority of the population of such municipality resides, AND ON BEHALF OF NASSAU AND ERIE COUNTIES THE COMPTROLLER SHALL ANNUALLY RECEIVE FROM THE NASSAU COUNTY INTERIM FINANCE AUTHORITY, THE BUFFALO FISCAL STABILITY AUTHORI- TY, AND THE ERIE COUNTY FISCAL STABILITY AUTHORITY, an amount equal to the base level grant received by such municipality in state fiscal year two thousand eighteen-two thousand nineteen and shall annually distrib- ute, by December fifteenth, two thousand nineteen and by such date annu- ally thereafter, such amount directly to such municipality, unless such municipality has a fiscal year ending May thirty-first, then such annual distribution shall be made by May fifteenth, two thousand twenty and by such date annually thereafter. No county shall have any right, title or interest in or to the taxes, penalties and interest required to be with- held [and] OR distributed pursuant to this paragraph. § 3. Subdivision 5 of section 3657 of the public authorities law, as added by chapter 84 of the laws of 2000, is amended to read as follows: 5. Tax revenues received by the authority pursuant to section twelve hundred sixty-one of the tax law, together with any other revenues received by the authority, shall be applied in the following order of priority: first pursuant to the authority's contracts with bondholders, then to pay the authority's operating expenses not otherwise provided for, THEN TO PAY TO THE STATE PURSUANT TO PARAGRAPH THREE OF SUBDIVISION (C) OF SECTION TWELVE HUNDRED SIXTY-ONE OF THE TAX LAW, and then, S. 7505--B 37 A. 9505--B subject to the authority's agreements with the county, to transfer the balance of such tax revenues not required to meet contractual or other obligations of the authority to the county as frequently as practicable. § 4. Subdivision 5 of section 3865 of the public authorities law, as amended by chapter 86 of the laws of 2004, is amended to read as follows: 5. Revenues of the authority shall be applied in the following order of priority: first to pay debt service or for set asides to pay debt service on the authority's bonds, notes, or other obligations and to replenish any reserve funds securing such bonds, notes or other obli- gations of the authority, in accordance with the provision of any inden- ture or bond resolution of the authority; then to pay the authority's operating expenses not otherwise provided for; THEN TO PAY TO THE STATE PURSUANT TO PARAGRAPH THREE OF SUBDIVISION (C) OF SECTION TWELVE HUNDRED SIXTY-ONE OF THE TAX LAW; and then, subject to the authority's agreement with the city, for itself or on behalf of the city's dependent school district and any other covered organization, to transfer as frequently as practicable the balance of revenues not required to meet contractual or other obligations of the authority to the city or the city's depend- ent school district as provided in subdivision seven of this section. § 5. Subdivision 5 of section 3965 of the public authorities law, as added by chapter 182 of the laws of 2005, is amended to read as follows: 5. Revenues of the authority shall be applied in the following order of priority: first to pay debt service or for set asides to pay debt service on the authority's bonds, notes, or other obligations and to replenish any reserve funds securing such bonds, notes or other obli- gations of the authority in accordance with the provision of indenture or bond resolution of the authority; then to pay the authority's operat- ing expenses not otherwise provided for; THEN TO PAY TO THE STATE PURSU- ANT TO PARAGRAPH THREE OF SUBDIVISION (C) OF SECTION TWELVE HUNDRED SIXTY-ONE OF THE TAX LAW; and then, subject to the authority's agree- ments with the county for itself or on behalf of any covered organiza- tion to transfer as frequently as practicable the balance of revenues not required to meet contractual or other obligations of the authority to the county as provided in subdivision seven of this section. § 6. This act shall take effect immediately. PART OO Intentionally Omitted PART PP Section 1. Subparagraph 14 of paragraph d of subdivision 5 of part B of section 236 of the domestic relations law, as amended by chapter 281 of the laws of 1980 and as renumbered by chapter 229 of the laws of 2009, is amended to read as follows: (14) WHETHER EITHER PARTY HAS COMMITTED AN ACT OR ACTS OF DOMESTIC VIOLENCE, AS DESCRIBED IN SUBDIVISION ONE OF SECTION FOUR HUNDRED FIFTY-NINE-A OF THE SOCIAL SERVICES LAW, AGAINST THE OTHER PARTY AND THE NATURE, EXTENT, DURATION AND IMPACT OF SUCH ACT OR ACTS; AND (15) any other factor which the court shall expressly find to be just and proper. § 2. This act shall take effect on the thirtieth day after it shall have become a law and shall apply to matrimonial actions commenced on or after such effective date. Nothing in this act shall be deemed to affect S. 7505--B 38 A. 9505--B the validity of any agreement made pursuant to subdivision 3 of part B of section 236 of the domestic relations law or section 425 of the fami- ly court act prior to the effective date of this act. Effective imme- diately, the addition, amendment and/or repeal of any rule or regulation necessary for the implementation of this act on its effective date are authorized to be made on or before such date. PART QQ Section 1. The public authorities law is amended by adding a new section 3 to read as follows: § 3. PAY EQUITY. 1. IN ORDER TO ATTRACT UNUSUAL MERIT AND ABILITY TO THE SERVICE OF PUBLIC AUTHORITIES IN THE STATE OF NEW YORK, TO STIMULATE HIGHER EFFICIENCY AMONG THE PERSONNEL, TO PROVIDE SKILLED LEADERSHIP IN ADMINISTRATION, TO REWARD MERIT AND TO INSURE THE HIGHEST RETURN IN SERVICES FOR THE NECESSARY COSTS OF ADMINISTRATION, IT IS HEREBY DECLARED THAT PUBLIC AUTHORITIES SHALL, CONSISTENT WITH THE FEDERAL EQUAL PAY ACT OF 1963 (29 U.S.C. § 206), THE FEDERAL CIVIL RIGHTS ACT (42 U.S.C. § 2000E-2), ARTICLE FIFTEEN OF THE EXECUTIVE LAW, AND SECTION FORTY-C OF THE CIVIL RIGHTS LAW, ENSURE A FAIR, NON-BIASED COMPENSATION STRUCTURE FOR ALL EMPLOYEES IN WHICH STATUS WITHIN ONE OR MORE PROTECTED CLASS OR CLASSES IS NOT CONSIDERED EITHER DIRECTLY OR INDIRECTLY IN DETERMINING THE PROPER COMPENSATION FOR A TITLE OR IN DETERMINING THE PAY FOR ANY INDIVIDUAL OR GROUP OF EMPLOYEES, ENSURE THAT NO EMPLOYEE WITH STATUS WITHIN ONE OR MORE PROTECTED CLASS OR CLASSES SHALL BE PAID A WAGE AT A RATE LESS THAN THE RATE AT WHICH AN EMPLOYEE WITHOUT STATUS WITHIN THE SAME PROTECTED CLASS OR CLASSES IN THE SAME ESTABLISHMENT IS PAID FOR SIMILAR WORK OR SUBSTANTIALLY SIMILAR WORK AND PROVIDE REGULAR INCREASES IN PAY IN PROPER PROPORTION TO INCREASE OF ABILITY, INCREASE OF OUTPUT AND INCREASE OF QUALITY OF WORK DEMONSTRATED IN SERVICE. 2. FOR THE PURPOSE OF THIS SECTION: (A) THE TERM "PROTECTED CLASS" INCLUDES AGE, RACE, CREED, COLOR, NATIONAL ORIGIN, SEXUAL ORIENTATION, GENDER IDENTITY OR EXPRESSION, MILITARY STATUS, SEX, DISABILITY, PREDISPOSING GENETIC CHARACTERISTICS, FAMILIAL STATUS, MARITAL STATUS, OR DOMESTIC VIOLENCE VICTIM STATUS, AND ANY EMPLOYEE PROTECTED FROM DISCRIMINATION PURSUANT TO PARAGRAPHS (A), (B), AND (C) OF SUBDIVISION ONE OF SECTION TWO HUNDRED NINETY-SIX OF THE EXECUTIVE LAW, AND ANY INTERN PROTECTED FROM DISCRIMINATION PURSUANT TO SECTION TWO HUNDRED NINETY-SIX-C OF THE EXECUTIVE LAW. (B) THE TERM "COMPENSATION" SHALL INCLUDE BUT NOT BE LIMITED TO: ALL EARNINGS OF AN EMPLOYEE FOR LABOR OR SERVICES RENDERED, REGARDLESS OF WHETHER THE AMOUNT OF EARNINGS IS PAID ON AN ANNUAL SALARY, HOURLY, BIWEEKLY OR PER DIEM BASIS; REIMBURSEMENT FOR EXPENSES; HEALTH, WELFARE AND RETIREMENT BENEFITS; AND VACATION PAY, SICK PAY, SEPARATION OR HOLI- DAY PAY, OR ANY OTHER FORM OF REMUNERATION. (C) EMPLOYEES SHALL BE DEEMED TO WORK IN THE SAME ESTABLISHMENT IF THE EMPLOYEES WORK FOR THE SAME EMPLOYER AT WORKPLACES LOCATED IN THE SAME GEOGRAPHICAL REGION, NO LARGER THAN A COUNTY, TAKING INTO ACCOUNT POPU- LATION DISTRIBUTION, ECONOMIC ACTIVITY, AND/OR THE PRESENCE OF MUNICI- PALITIES. (D) THE TERM "PUBLIC AUTHORITIES" SHALL MEAN ANY AUTHORITY AS DEFINED IN SECTION TWO OF THIS TITLE. 3. (A) IT SHALL NOT BE A VIOLATION OF THIS SECTION FOR AN EMPLOYER TO PAY DIFFERENT COMPENSATION TO EMPLOYEES, WHERE SUCH PAYMENTS ARE MADE PURSUANT TO: (1) A BONA FIDE SENIORITY OR MERIT SYSTEM; S. 7505--B 39 A. 9505--B (2) A BONA FIDE SYSTEM THAT MEASURES EARNINGS BY QUANTITY OR QUALITY OF PRODUCTION; (3) A BONA FIDE SYSTEM BASED ON GEOGRAPHIC DIFFERENTIALS; (4) ANY OTHER BONA FIDE FACTOR OTHER THAN STATUS WITHIN ONE OR MORE PROTECTED CLASS OR CLASSES, SUCH AS EDUCATION, TRAINING, OR EXPERIENCE. SUCH FACTOR: (A) SHALL NOT BE BASED UPON OR DERIVED FROM A DIFFERENTIAL IN COMPENSATION BASED ON STATUS WITHIN ONE OR MORE PROTECTED CLASS OR CLASSES; AND (B) SHALL BE JOB-RELATED WITH RESPECT TO THE POSITION IN QUESTION AND SHALL BE CONSISTENT WITH BUSINESS NECESSITY. SUCH EXCEPTION UNDER THIS PARAGRAPH SHALL NOT APPLY WHEN THE EMPLOYEE DEMONSTRATES (I) THAT AN EMPLOYER USES A PARTICULAR EMPLOYMENT PRACTICE THAT CAUSES A DISPARATE IMPACT ON THE BASIS OF STATUS WITHIN ONE OR MORE PROTECTED CLASS OR CLASSES, (II) THAT AN ALTERNATIVE EMPLOYMENT PRACTICE EXISTS THAT WOULD SERVE THE SAME PURPOSE AND NOT PRODUCE SUCH DIFFERENTIAL, AND (III) THAT THE EMPLOYER HAS REFUSED TO ADOPT SUCH ALTERNATIVE PRACTICE; OR (5) A COLLECTIVE BARGAINING AGREEMENT. (B) FOR THE PURPOSE OF PARAGRAPH (A) OF THIS SUBDIVISION, "BUSINESS NECESSITY" SHALL BE DEFINED AS A FACTOR THAT BEARS A MANIFEST RELATION- SHIP TO THE EMPLOYMENT IN QUESTION. (C) NOTHING SET FORTH IN THIS SECTION SHALL BE CONSTRUED TO IMPEDE, INFRINGE OR DIMINISH THE RIGHTS AND BENEFITS WHICH ACCRUE TO EMPLOYEES THROUGH COLLECTIVE BARGAINING AGREEMENTS, OR OTHERWISE DIMINISH THE INTEGRITY OF THE EXISTING COLLECTIVE BARGAINING RELATIONSHIP. § 2. This act shall take effect immediately. PART RR Intentionally Omitted PART SS Intentionally Omitted PART TT Intentionally Omitted PART UU Section 1. Section 172-b of the executive law is amended by adding a new subdivision 9 to read as follows: 9. ANY REGISTERED CHARITABLE ORGANIZATION THAT IS REQUIRED TO FILE AN ANNUAL FINANCIAL REPORT PURSUANT TO SUBDIVISION ONE OR TWO OF THIS SECTION, OR THAT IS REQUIRED TO FILE A FUNDING DISCLOSURE REPORT PURSU- ANT TO SECTION ONE HUNDRED SEVENTY-TWO-E OF THIS ARTICLE, AND/OR A FINANCIAL DISCLOSURE REPORT PURSUANT TO SECTION ONE HUNDRED SEVENTY-TWO-F OF THIS ARTICLE FOR A REPORTING PERIOD DURING THE APPLICA- BLE FISCAL YEAR SHALL ALSO BE REQUIRED TO FILE SUCH ANNUAL FINANCIAL REPORT, INCLUDING ALL REQUIRED FORMS AND ATTACHMENTS, WITH THE DEPART- MENT OF STATE. § 1-a. Paragraph (b) of subdivision 1 and subdivisions 2 and 3 of section 172-e of the executive law, as added by section 1 of part F of chapter 286 of the laws of 2016, are amended to read as follows: (b) "In-kind donation" shall mean donations of staff, staff time, personnel[,] OR ANY OTHER HUMAN RESOURCES, offices[,] OR office S. 7505--B 40 A. 9505--B supplies, [financial support of any kind or any other resources] EXCEPT THAT AN IN-KIND DONATION SHALL NOT INCLUDE AN IN-KIND DONATION MADE BY A PERSON OR ENTITY IN THE COURSE OF AN ACTIVITY THAT IS SUBSTANTIALLY RELATED TO ACCOMPLISHING THE COVERED ENTITY'S TAX EXEMPT PURPOSES WHERE THE IN-KIND DONATOR IS OFFERING OR PROVIDING GOODS OR SERVICES FOR SUBSTANTIALLY LESS THAN FAIR MARKET VALUE TO INDIVIDUALS, CORPORATIONS OR GROUPS, AND THOSE GOODS OR SERVICES ARE ACTUALLY PURCHASED OR CONSUMED BY WHOLLY UNAFFILIATED INDIVIDUALS, CORPORATIONS OR GROUPS FOR NO CHARGE OR SUBSTANTIALLY LESS THAN FAIR MARKET VALUE, AND MAY INCLUDE, BUT IS NOT LIMITED TO, PRO BONO LEGAL SERVICES AND OTHER FORMS OF TECH- NICAL ASSISTANCE. 2. Funding disclosure reports to be filed by covered entities. (a) Any covered entity that makes an in-kind donation in excess of [two] TEN thousand [five hundred] dollars to a recipient entity during a relevant reporting period shall file a funding disclosure report with the depart- ment of [law] STATE. The funding disclosure report shall include: (i) the name and address of the covered entity that made the in-kind donation; (ii) the name and address of the recipient entity that received or benefitted from the in-kind donation; (iii) the names of any persons who exert operational or managerial control over the covered entity. The disclosures required by this para- graph shall include the name of at least one natural person; (iv) the date [the in-kind] SUCH donation was made by the covered entity; AND (v) [any donation in excess of two thousand five hundred dollars to the covered entity during the relevant reporting period including the identity of the donor of any such donation] A DESCRIPTION OF THE IN-KIND DONATION, INCLUDING THE CHARITABLE PURPOSE ADVANCED BY SUCH DONATION, IF ANY, AND ANY RESTRICTIONS ON THE USE OF SUCH DONATION BY THE RECIPIENT ENTITY. [(vi) the date of any such donation to a covered entity.] (b) The covered entity shall file a funding disclosure report with the department of [law] STATE within thirty days of the close of a reporting period. 3. Public disclosure of funding disclosure reports. The department of [law] STATE shall promulgate any regulations necessary to implement these requirements and shall [forward the disclosure reports to the joint commission on public ethics for the purpose of publishing] PUBLISH such reports on the [commission's] DEPARTMENT'S website[, within thirty days of the close of each reporting period] WHEN AUTHORIZED PURSUANT TO SUBDIVISION TWO OF THIS SECTION; provided however that the [attorney general] SECRETARY OF STATE, or his or her designee, may determine that disclosure of [donations to the covered entity] ALL OR A PORTION OF THE IN-KIND DONATIONS TO THE COVERED ENTITY AND FINANCIAL ASSISTANCE PROVIDED BY ANY COVERED ENTITY TO ONE OR MORE RECIPIENT ENTITIES, shall not be made public if, based upon a review of the relevant facts presented by the covered entity, such disclosure may cause harm, threats, harassment, or reprisals to the source of the donation or to individuals or property affiliated with the source of the donation. The covered entity may appeal the [attorney general's] SECRETARY'S determi- nation and such appeal shall be heard by a judicial hearing officer who is independent and not affiliated with or employed by the department of [law, pursuant to regulations promulgated by the department of law. The covered entity's sources of donations] STATE. THE TOTAL AMOUNT OF IN-KIND DONATIONS TO THE COVERED ENTITY AND FINANCIAL ASSISTANCE S. 7505--B 41 A. 9505--B PROVIDED BY ANY COVERED ENTITY TO ONE OR MORE RECIPIENT ENTITIES that are the subject of such appeal shall not be made public pending final judgment on appeal. § 2. Paragraph (b) of subdivision 1 and subdivisions 2 and 3 of section 172-f of the executive law, as added by section 1 of part G of chapter 286 of the laws of 2016, are amended to read as follows: (b) "Covered communication" means a communication BY A COVERED ENTITY, [that does not require a report] NOT OTHERWISE REPORTED BY SUCH COVERED ENTITY pursuant to article one-A of the legislative law or article four- teen of the election law, by a covered entity conveyed to five hundred or more members of a general public audience in the form of: (i) an audio or video communication via broadcast, cable or satellite; (ii) a written communication via advertisements, pamphlets, circulars, flyers, brochures, letterheads; or (iii) other published statement which: refers to and advocates for or against a clearly identified elected official [or the position of any elected official or administrative or legisla- tive body relating to the outcome of any vote or substance of any legis- lation, potential legislation, pending legislation, rule, regulation, hearing, or decision by any legislative, executive or administrative body], EXECUTIVE OR ADMINISTRATIVE BODY OR LEGISLATIVE BODY RELATING TO THE SPONSORSHIP, SUPPORT, OPPOSITION, OR OUTCOME OF ANY PROPOSED LEGIS- LATION, PENDING LEGISLATION, RULE, REGULATION, HEARING OR DECISION, OR ADVOCATES FOR OR AGAINST ACTION BY ANY ELECTED OFFICIAL, EXECUTIVE OR ADMINISTRATIVE BODY OR LEGISLATIVE BODY. 2. Disclosure of expenditures for covered communications. (a) Any covered entity that makes expenditures for covered communications in an aggregate amount or fair market value exceeding ten thousand dollars in a calendar year shall file a financial disclosure report with the department of [law] STATE. The financial disclosure report shall include: (i) the name and address of the covered entity that made the expendi- ture for covered communications; (ii) the name or names of any individuals who exert operational or managerial control over the covered entity. The disclosures required by this paragraph shall include the name of at least one natural person; (iii) a DETAILED description of the covered communication; (iv) the dollar amount paid for each covered communication, the name and address of the person or entity receiving the payment, and the date the payment was made; and [(iv)] (V) FOR ANY RESTRICTED DONATION RECEIVED BY THE COVERED ENTITY IN WHOLE OR IN PART FOR THE SUPPORT OF THE COVERED COMMUNICATION, the name and address of any individual, corporation, association, or group that made a donation [of one thousand dollars or more] to the covered entity and the date of such donation, AND THE AMOUNT OF THE DONATION, TOGETHER WITH A DESCRIPTION OF ANY RESTRICTION. (b) The covered entity shall file a financial disclosure report with the department of [law] STATE within thirty days of the close of a reporting period. [(c) If a covered entity keeps one or more segregated bank accounts containing funds used solely for covered communications and makes all of its expenditures for covered communications from such accounts, then with respect to donations included in subparagraph (iv) of paragraph (a) of this subdivision, the financial report need only include donations deposited into such accounts.] 3. PUBLIC DISCLOSURE OF FUNDING DISCLOSURE REPORTS. The department of [law] STATE shall [make the financial disclosure reports available to S. 7505--B 42 A. 9505--B the public on the department of law website within thirty days of the close of each reporting period, provided however that the attorney general, or his or her designee, may determine that disclosure of donations shall not be made public] PROMULGATE ANY REGULATIONS NECESSARY TO IMPLEMENT THESE REQUIREMENTS AND SHALL PUBLISH ON THE DEPARTMENT'S WEBSITE THE REPORTS OF COVERED COMMUNICATIONS REQUIRED BY THIS SECTION. SUCH PUBLISHING SHALL NOT INCLUDE THE NAMES AND ADDRESSES OF INDIVIDUAL DONORS TO COVERED ENTITIES, NOR SHALL SUCH PUBLISHING INCLUDE THE COVERED ENTITY'S INTERNAL REVENUE SERVICE FORM 990 SCHEDULE B. SUCH REPORT SHALL NOT BE MADE PUBLIC PURSUANT TO THIS SECTION if, based upon a review of the relevant facts presented by the covered entity, such disclosure may cause harm, threats, harassment, or reprisals to the source of the donation or to individuals or property affiliated with the source of the donation. The covered entity may appeal the [attorney general's] SECRETARY'S determination and such appeal shall be heard by a judicial hearing officer who is independent and not affiliated with or employed by the department of [law] STATE, pursuant to regulations promulgated by the department of [law] STATE. [The covered entity shall not be required to disclose the sources of donations] THE REPORTS SUBJECT TO DISCLOSURE PURSUANT TO THIS SECTION that are the subject of such appeal PURSUANT TO THIS SECTION SHALL NOT BE MADE PUBLIC pending final judgment on appeal. § 3. Section 172-e of the executive law is amended by adding a new subdivision 4 to read as follows: 4. IF A COVERED ENTITY'S OR RECIPIENT ENTITY'S ANNUAL REPORT FILED PURSUANT TO SECTION ONE HUNDRED SEVENTY-TWO-B OF THIS ARTICLE DOES NOT INCLUDE A COMPLETED INTERNAL REVENUE SERVICE FORM 990 SCHEDULE B AND THAT COVERED ENTITY MAKES, OR THAT RECIPIENT ENTITY RECEIVES, QUALIFYING DONATIONS PURSUANT TO SUBDIVISION TWO OF THIS SECTION, THAT ENTITY SHALL IN ADDITION TO FILING A DISCLOSURE WITH THE DEPARTMENT OF LAW, ALSO FILE WITH THE DEPARTMENT OF STATE A COMPLETE INTERNAL REVENUE SERVICE FORM 990 SCHEDULE B, REGARDLESS OF WHETHER SUCH FORM IS SUBMITTED OR REQUIRED TO BE SUBMITTED TO THE INTERNAL REVENUE SERVICE. § 4. Section 172-f of the executive law is amended by adding a new subdivision 4 to read as follows: 4. IF A COVERED ENTITY'S ANNUAL REPORT FILED PURSUANT TO SECTION ONE HUNDRED SEVENTY-TWO-B OF THIS ARTICLE DOES NOT INCLUDE A COMPLETED INTERNAL REVENUE SERVICE FORM 990 SCHEDULE B, THE ENTITY SHALL IN ADDI- TION TO FILING A DISCLOSURE WITH THE DEPARTMENT OF LAW, ALSO FILE WITH THE DEPARTMENT OF STATE A COMPLETE INTERNAL REVENUE SERVICE FORM 990 SCHEDULE B, REGARDLESS OF WHETHER SUCH FORM IS SUBMITTED OR REQUIRED TO BE SUBMITTED TO THE INTERNAL REVENUE SERVICE. § 5. The executive law is amended by adding a new section 93-a to read as follows: § 93-A. EXAMINATION OF REPORTS. THE SECRETARY OF STATE SHALL EXAMINE ALL REPORTS REQUIRED TO BE FILED WITH THE DEPARTMENT OF STATE PURSUANT TO ARTICLE SEVEN-A OF THIS CHAPTER IN ORDER TO DETERMINE THE NATURE AND EXTENT OF THE IN-KIND SUPPORT PROVIDED BY ANY COVERED ENTITY TO ONE OR MORE RECIPIENT ENTITIES, AS SUCH TERMS ARE DEFINED IN SECTION ONE HUNDRED SEVENTY-TWO-E OF THIS CHAPTER, AND THE NATURE AND EXTENT OF COVERED COMMUNICATIONS BY ANY COVERED ENTITY, AS SUCH TERMS ARE DEFINED IN SECTION ONE HUNDRED SEVENTY-TWO-F OF THIS CHAPTER. NOTWITHSTANDING ANY INCONSISTENT PROVISION OF LAW, WHENEVER THE SECRETARY OF STATE, IN CONSULTATION WITH THE DEPARTMENT OF TAXATION AND FINANCE OR THE DEPART- MENT OF LAW, DETERMINES THAT THE NATURE AND EXTENT OF A COVERED ENTITY'S IN-KIND SUPPORT TO OTHER ENTITIES OR THE NATURE AND EXTENT OF A COVERED S. 7505--B 43 A. 9505--B ENTITY'S SPENDING ON COVERED COMMUNICATIONS IS INCONSISTENT WITH THE CHARITABLE PURPOSES OF SUCH COVERED ENTITY, THE SECRETARY SHALL CAUSE THE REPORTS REQUIRED BY ARTICLE SEVEN-A OF THIS CHAPTER FILED BY SUCH ENTITY TO BE PUBLISHED ON THE WEBSITE OF THE DEPARTMENT OF STATE UPON SUCH FINDING. PROVIDED, HOWEVER, THAT SUCH PUBLISHING SHALL NOT INCLUDE THE NAMES AND ADDRESSES OF INDIVIDUAL DONORS TO COVERED ENTITIES NOR SHALL SUCH PUBLISHING INCLUDE THE COVERED ENTITY'S INTERNAL REVENUE SERVICE FORM 990 SCHEDULE B. THE SECRETARY SHALL REPORT TO THE GOVERNOR, THE TEMPORARY PRESIDENT OF THE SENATE AND THE SPEAKER OF THE ASSEMBLY, BY DECEMBER THIRTY-FIRST, TWO THOUSAND TWENTY-TWO, AND ANNUALLY THERE- AFTER, ON TOPICS INCLUDING BUT NOT LIMITED TO: THE NATURE AND EXTENT OF IN-KIND SUPPORT PROVIDED BY COVERED ENTITIES TO RECIPIENT ENTITIES, AS SUCH TERMS ARE DEFINED IN SECTION ONE HUNDRED SEVENTY-TWO-E OF THIS CHAPTER AND THE NATURE AND EXTENT OF EXPENDITURES FOR COVERED COMMUNI- CATIONS. THE SECRETARY MAY REQUEST THE ASSISTANCE OF THE DEPARTMENT OF TAXATION AND FINANCE OR THE DEPARTMENT OF LAW IN ORDER TO COMPLETE THIS REPORT. PROVIDED HOWEVER THAT SUCH REPORT SHALL NOT INCLUDE THE NAMES AND ADDRESSES OF INDIVIDUAL DONORS TO COVERED ENTITIES NOR SHALL SUCH REPORT INCLUDE THE COVERED ENTITY'S INTERNAL REVENUE SERVICE FORM 990 SCHEDULE B. § 6. Severability. If any clause, sentence, paragraph, section or part of this act shall be adjudged by any court of competent jurisdiction to be invalid and after exhaustion of all further judicial review, the judgment shall not affect, impair or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, para- graph, section or part of this act directly involved in the controversy in which the judgment shall have been rendered. § 7. This act shall take effect January 1, 2021. Effective immediate- ly, the addition, amendment and/or repeal of any rule or regulation necessary for the implementation of this act on its effective date are authorized to be made and completed on or before such effective date. PART VV Intentionally Omitted PART WW Section 1. Section 2 and subdivision 7 of section 3 of part E of chap- ter 60 of the laws of 2015, establishing a commission on legislative, judicial, and executive compensation, and providing for the powers and duties of the commission and for the dissolution of the commission, subdivision 7 of section 3 as amended by section 1 of part VVV of chap- ter 59 of the laws of 2019, are amended to read as follows: § 2. 1. (A) On the first of June of every fourth year, commencing June 1, 2015, there shall be established a commission on legislative, judi- cial and executive compensation to examine, evaluate and make recommen- dations with respect to adequate levels of compensation and non-salary benefits for members of the legislature, judges and justices of the state-paid courts of the unified court system, statewide elected offi- cials, and those state officers referred to in section 169 of the execu- tive law. (B) NOTWITHSTANDING ANY PROVISION OF THIS ACT TO THE CONTRARY, THE COMMISSION ESTABLISHED IN THE YEAR 2019 MAY EXAMINE, EVALUATE AND MAKE RECOMMENDATIONS WITH RESPECT TO ADEQUATE LEVELS OF COMPENSATION AND NON-SALARY BENEFITS FOR JUDGES AND JUSTICES OF THE STATE-PAID COURTS OF S. 7505--B 44 A. 9505--B THE UNIFIED COURT SYSTEM DURING ITS EXAMINATION OF AND MAKING RECOMMEN- DATIONS FOR LEGISLATIVE AND EXECUTIVE COMPENSATION IN THE YEAR 2020. 2. (a) In accordance with the provisions of this section, the commis- sion shall examine: (1) the prevailing adequacy of pay levels and other non-salary benefits received by members of the legislature, statewide elected officials, and those state officers referred to in section 169 of the executive law; and (2) the prevailing adequacy of pay levels and non-salary benefits received by the judges and justices of the state-paid courts of the unified court system and housing judges of the civil court of the city of New York and determine whether any of such pay levels warrant adjust- ment; and (b) The commission shall determine whether: (1) for any of the four years commencing on the first of April of such years, following the year in which the commission is established OR AUTHORIZED BY THIS ACT TO EVALUATE AND MAKE RECOMMENDATIONS ON SUCH SALARIES, the annual salaries for the judges and justices of the state-paid courts of the unified court system and housing judges of the civil court of the city of New York warrant an increase; and (2) on the first of January after the November general election at which members of the state legislature are elected following the year in which the commission is established, and on the first of January follow- ing the next such election, the like annual salaries and allowances of members of the legislature, and salaries of statewide elected officials and state officers referred to in section 169 of the executive law warrant an increase. 3. In discharging its responsibilities under subdivision two of this section, the commission shall take into account all appropriate factors including, but not limited to: the overall economic climate; rates of inflation; changes in public-sector spending; the levels of compensation and non-salary benefits received by executive branch officials and legislators of other states and of the federal government; the levels of compensation and non-salary benefits received by professionals in government, academia and private and nonprofit enterprise; and the state's ability to fund increases in compensation and non-salary bene- fits. 7. The commission shall make a report to the governor, the legislature and the chief judge of the state of its findings, conclusions, determi- nations and recommendations, if any, not later than the thirty-first of December of the year in which the commission is established for judicial compensation and the fifteenth of November the following year for legis- lative and executive compensation; PROVIDED, HOWEVER, THE REPORT MADE BY THE COMMISSION IN THE YEAR TWO THOUSAND TWENTY REGARDING JUDICIAL, LEGISLATIVE AND EXECUTIVE COMPENSATION SHALL BE ISSUED NOT LATER THAN NOVEMBER 15, 2020. Any findings, conclusions, determinations and recom- mendations in the report must be adopted by a majority vote of the commission and shall also be supported by at least one member appointed by each appointing authority. Each recommendation made to implement a determination pursuant to section two of this act shall have the force of law, and shall supersede, where appropriate, inconsistent provisions of article 7-B of the judiciary law, section 169 of the executive law, and sections 5 and 5-a of the legislative law, unless modified or abro- gated by statute prior to April first of the year as to which such determination applies to judicial compensation and January first of the year as to which such determination applies to legislative and executive compensation. S. 7505--B 45 A. 9505--B § 2. This act shall take effect immediately. PART XX Section 1. This Part enacts into law major components of legislation relating to issues deemed necessary for the state. Each component is wholly contained within a Subpart identified as Subparts A through CC. 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 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 631-b of the executive law, as added by a chapter of the laws of 2019 amending the executive law in relation to enacting the "safe way home act", as proposed in legislative bills numbers S. 3966-A and A. 5775-A, is REPEALED. § 2. Paragraph (b) of subdivision 1 of section 2805-i of the public health law, as amended by section 1 of part HH of chapter 57 of the laws of 2018, is amended to read as follows: (b) contacting a rape crisis or victim assistance organization, if any, providing victim assistance to the geographic area served by that hospital to establish the coordination of non-medical services, INCLUD- ING BUT NOT LIMITED TO TRANSPORTATION WITHIN THE GEOGRAPHIC AREA SERVED BY THAT ORGANIZATION, UPON THE CONCLUSION OF INITIAL MEDICAL SERVICES, FREE OF CHARGE FROM THE MEDICAL FACILITY to sexual offense victims who request such coordination and services; § 3. Subparagraph 3 of paragraph (b) of subdivision 4-b of section 2805-i of the public health law, as added by chapter 1 of the laws of 2000, is amended to read as follows: (3) Promptly after the examination is completed, the victim shall be permitted to shower, be provided with a change of clothing, BE INFORMED THAT A RAPE CRISIS OR VICTIM ASSISTANCE ORGANIZATION PROVIDING VICTIM ASSISTANCE TO THE GEOGRAPHIC AREA SERVED BY THAT HOSPITAL IS AVAILABLE TO PROVIDE TRANSPORTATION WITHIN THE GEOGRAPHIC AREA SERVED BY THAT ORGANIZATION, UPON THE CONCLUSION OF INITIAL MEDICAL SERVICES, FREE OF CHARGE FROM THE MEDICAL FACILITY, and receive follow-up information, counseling, medical treatment and referrals for same. § 4. Subparagraph 1 of paragraph (a) of subdivision 6 of section 2805-i of the public health law, as added by chapter 407 of the laws of 2018, is amended to read as follows: (1) consult with a local rape crisis or local victim assistance organ- ization, to have a representative of such organization accompany the victim through the sexual offense examination, [and] to have such an organization be summoned by the medical facility, police agency, prose- cutorial agency or other law enforcement agency before the commencement of the physical examination or interview, pursuant to this section, AND TO HAVE SUCH ORGANIZATION PROVIDE TRANSPORTATION WITHIN THE GEOGRAPHIC AREA SERVED BY THAT ORGANIZATION, FREE OF CHARGE FROM THE MEDICAL FACIL- ITY TO SEXUAL OFFENSE VICTIMS WHO REQUEST SUCH SERVICES UPON DISCHARGE; S. 7505--B 46 A. 9505--B § 5. This act shall take effect on the same date and in the same manner as a chapter of the laws of 2019, amending the executive law in relation to enacting the "safe way home act", as proposed in legislative bills numbers S. 3966-A and A. 5775-A, takes effect. SUBPART B Section 1. Section 170-c of the executive law, as added by a chapter of the laws of 2019, amending the executive law relating to regulatory fines for small businesses, as proposed in legislative bills numbers S. 5815-C and A. 7540-B, is amended to read as follows: § 170-c. Regulatory penalties for small businesses. 1. Unless explic- itly exempted or excluded by any other law, rule or regulation, upon a first time violation of a state agency's rules or regulations related to paperwork submitted to a state agency or actions or omissions that are DETERMINED BY SUCH STATE AGENCY TO BE de minimus, a small business, AS DEFINED IN SUBDIVISION EIGHT OF SECTION ONE HUNDRED TWO OF THE STATE ADMINISTRATIVE PROCEDURE ACT, shall be afforded a cure period or other opportunity for ameliorative action if the violation can be corrected, the successful completion of which will prevent the imposition of penal- ties on the party or parties subject to enforcement OF SUCH DE MINIMUS VIOLATION. However, no waiver of penalties or cure period or other opportunity for ameliorative action may be given if the agency deter- mines that the violation [resulted] MAY RESULT in a natural resource damage claim or serious actual harm, or may [have presented] PRESENT an [imminent and substantial] endangerment to public safety, human health or the environment, is a violation of human or civil rights law, results in loss of employee wages or benefits, interferes with any remedy, review, or resolution related to harassment or discrimination claims, was OR IS a willful violation, [involved] INVOLVES tax fraud, violates requirements related to federal funding to the state, relates to state funding or procurement, is similar to prior violations, is a penal law violation, [or] relates to a material or substantive portion of the business, OR IS IN CONTRAVENTION OF THE PUBLIC INTEREST AND/OR POLICY REFLECTED BY THE AGENCY'S MISSION. Upon such first violation, a state agency shall (a) provide the small business with a copy of [any] THE applicable small business regulation guides pursuant to section one hundred two-a of the state administrative procedure act and any other helpful [compliance] GUIDANCE OR information detailing the agency's rules and regulations, TO THE EXTENT SUCH MATERIALS EXIST, or (b) TO THE EXTENT PRACTICABLE, provide [an opportunity for an in-person meeting, teleconference or videoconference with the small business to help assist] such small business ASSISTANCE with compliance with the agency's rules and regulations. The agency shall have the discretion to deter- mine the appropriate period of time to allow [for] SUCH SMALL BUSINESS TO CURE OR TAKE such OTHER ameliorative action [to occur] TO ADDRESS SUCH VIOLATION, which shall be reasonable but shall not be less than [ninety] FIFTEEN BUSINESS days UNLESS A LONGER PERIOD IS ALLOWED PURSU- ANT TO LAW OR REGULATION. 2. As used in this section[: (a) "Small business" shall mean a busi- ness which is resident in this state, independently owned and operated, not dominant in its field and employs one hundred or less persons. (b)] "[State] STATE agency" shall mean an agency as defined in subdi- vision one of section one hundred two of the state administrative proce- dure act; provided that "state agency" shall not include the department S. 7505--B 47 A. 9505--B of taxation and finance [but shall also mean], the workers' compensation board NOR THE DEPARTMENT OF FINANCIAL SERVICES. 3. Nothing herein shall prevent or preclude any other waivers of penalties that may be applicable by this or any other agency. § 2. Section 2 of a chapter of the laws of 2019, amending the execu- tive law relating to regulatory fines for small businesses, as proposed in legislative bills numbers S. 5815-C and A. 7540-B, is amended to read as follows: § 2. This act shall take effect immediately AND SHALL EXPIRE AND BE DEEMED REPEALED TWO YEARS AFTER SUCH DATE. § 3. This act shall take effect immediately, provided, however, that section one of this act takes effect on the same date and in the same manner as a chapter of the laws of 2019, amending the executive law relating to regulatory fines for small businesses, as proposed in legis- lative bills numbers S. 5815-C and A. 7540-B, takes effect. SUBPART C Section 1. Sections 5 and 6 of a chapter of the laws of 2019, author- izing the commissioner of general services to transfer and convey certain state land to the city of New Rochelle, as proposed in legisla- tive bills numbers S.6228-A and A.7846-A, are amended to read as follows: § 5. Any lands transferred pursuant to this act shall be used for the purposes of the city of New Rochelle to utilize the subject property exclusively for the construction of municipal facilities, SPECIFICALLY A CITY HALL BUILDING and [to satisfy the] affordable housing [needs of residents of] LOCATED IN the city of New Rochelle, WHICH SOLELY FOR THE PURPOSES OF THIS ACT, SHALL MEAN THAT ONE HUNDRED PERCENT OF THE RENTAL DWELLING UNITS IN THE BUILDING SHALL, UPON INITIAL RENTAL AND UPON EACH SUBSEQUENT RENTAL FOLLOWING A VACANCY, BE AFFORDABLE TO AND RESTRICTED TO OCCUPANCY BY INDIVIDUALS OR FAMILIES IN ACCORDANCE WITH A PLAN DEVEL- OPED AND APPROVED BY THE COMMISSIONER OF THE NEW YORK STATE DIVISION OF HOMES AND COMMUNITY RENEWAL, and upon termination of such use, title to the lands so transferred shall revert to the state of New York. IN LIEU OF SUCH REVERSION, THE CITY OF NEW ROCHELLE MAY PURCHASE THE REVERTER INTEREST IN THE SUBJECT PROPERTY AT THE CURRENT FAIR MARKET VALUES LESS THE VALUE OF ANY IMPROVEMENTS THEREON AS DETERMINED BY INDEPENDENT CERTIFIED APPRAISAL OR APPRAISALS. § 6. This act shall take effect immediately; PROVIDED HOWEVER, THAT THE AUTHORITY OF THE COMMISSIONER OF GENERAL SERVICES TO TRANSFER AND CONVEY THE AFORESAID LANDS AND IMPROVEMENTS PURSUANT TO THIS ACT SHALL EXPIRE TWO YEARS AFTER SUCH EFFECTIVE DATE. § 2. This act shall take effect on the same date and in the same manner as a chapter of the laws of 2019, authorizing the commissioner of general services to transfer and convey certain state land to the city of New Rochelle, as proposed in legislative bills numbers S.6228-A and A.7846-A, takes effect. SUBPART D Section 1. Subparagraph (vii) of paragraph (a) of subdivision 8 of section 131-a of the social services law, as amended by a chapter of the laws of 2019 amending the social services law relating to exempting income earned by persons under the age of twenty-four from certain work- force development programs from the determination of need for public S. 7505--B 48 A. 9505--B assistance programs, as proposed in legislative bills numbers S.6443 and A.6753-A, is amended, and a new subparagraph (ix) is added to read as follows: (vii) all of the income of a dependent child living with a parent or other caretaker relative, who is receiving such aid or for whom an application for such aid has been made, which is derived from partic- ipation in [(i) the summer youth employment program, provided however, that in the case of earned income such disregard must be applied for at least, but no longer than the length of such program; or (ii)] a program carried out under the federal job training partnership act (P.L. 97-300) or any successor act, provided, however, that in the case of earned income such disregard must be applied for at least, but no longer than, six months per calendar year for each such child. [Provided however, a local social services district may exempt all the income of an individ- ual, up to the age of twenty-four, which is derived from their partic- ipation in the summer youth employment program, in accordance with clause (i) of this subparagraph;] (IX) ALL OF THE INCOME DERIVED FROM PARTICIPATION IN THE SUMMER YOUTH EMPLOYMENT PROGRAM, PROVIDED HOWEVER, THAT SUCH INCOME SHALL BE EXEMPT ONLY FOR AN INDIVIDUAL WHO IS NOT OLDER THAN AGE TWENTY-FOUR AT THE TIME OF ENROLLMENT IN THE SUMMER YOUTH EMPLOYMENT PROGRAM AND SUCH DISREGARD MUST BE APPLIED FOR THE LENGTH OF THE INDIVIDUAL'S PARTICIPATION IN SUCH PROGRAM. § 2. This act shall take effect on the same date and in the same manner as a chapter of the laws of 2019 amending the social services law relating to exempting income earned by persons under the age of twenty- four from certain workforce development programs from the determination of need for public assistance programs, as proposed in legislative bills numbers S.6443 and A.6753-A, takes effect. SUBPART E Section 1. Subdivisions 1 and 3 of section 459 of the real property tax law, as amended by a chapter of the laws of 2019, amending the real property tax law relating to permitting special districts to adopt a local law providing for an exemption for improvements to residential real property for the purpose of facilitating accessibility of such property to a physically disabled owner, as proposed in legislative bills numbers S.6452 and A.5137-A, are amended to read as follows: 1. After a public hearing, the governing body of a county, city, town or village may adopt a local law or a school district [or special district] may adopt a resolution, providing for an exemption pursuant to the provisions of this section. Such local law or resolution may provide that an improvement to any real property used solely for residential purposes as a one, two or three family residence shall be exempt from taxation AND SPECIAL AD VALOREM LEVIES to the extent of any increase in value attributable to such improvement if such improvement is used for the purpose of facilitating and accommodating the use and accessibility of such real property by (a) a resident owner of the real property who is physically disabled, or (b) a member of the resident owner's house- hold who is physically disabled, if such member resides in the real property. A local law or resolution adopted pursuant to this section may provide that the exemption shall apply to improvements constructed prior to the effective date of such local law or resolution. 3. Such exemption shall be granted only upon application by the owner or all of the owners of the real property on a form prescribed and made S. 7505--B 49 A. 9505--B available by the commissioner. The applicant shall furnish such informa- tion as the commissioner shall require. The application shall be filed together with the appropriate certified statement of physical disability or certificate of blindness with the assessor of the appropriate county, city, town, OR village[, or special district] on or before the taxable status date of such county, city, town, OR village[, or special district]. § 2. This act shall take effect on the same date and in the same manner as a chapter of the laws of 2019, amending the real property tax law relating to permitting special districts to adopt a local law providing for an exemption for improvements to residential real property for the purpose of facilitating accessibility of such property to a physically disabled owner, as proposed in legislative bills numbers S.6452 and A.5137-A, takes effect. SUBPART F Section 1. Section 465 of the labor law, as added by a chapter of the laws of 2019 amending the labor law relating to licenses to purchase, use, or store certain compounds, as proposed in legislative bills numbers S.1456 and A.4452, is REPEALED. § 2. Subdivision 1 of section 451 of the labor law, as amended by section 2 of part CC of chapter 57 of the laws of 2009, is amended to read as follows: 1. "Explosives" means gunpowder, powders used for blasting, high explosives, blasting materials, detonating fuses, detonators, pyrotech- nics and other detonating agents, fireworks and dangerous fireworks as defined in section 270.00 of the penal law, smokeless powder and any chemical compound or any mechanical mixture containing any oxidizing and combustible units, or other ingredients in such proportions, quantities, or packing that ignition by fire, friction, concussion, percussion or detonation of any part thereof may cause and is intended to cause an explosion, but shall not include gasoline, kerosene, naphtha, turpen- tine, benzine, acetone, ethyl ether, benzol or quantities of black powder not exceeding five pounds for use in firing of antique firearms or artifacts or replicas thereof. Fixed ammunition and primers for small arms, pyrotechnic devices which are designed for and being used for legitimate wildlife management or controls, safety fuses and matches shall not be deemed to be explosives when, as provided by regulation, the individual units contain any of the above-mentioned articles or substances in such limited quantity, of such nature and so packed that it is impossible to produce an explosion of such units to the injury of life, limb or property. THE TERM "EXPLOSIVES" SHALL ALSO INCLUDE TWO OR MORE COMPONENTS THAT ARE ADVERTISED AND SOLD TOGETHER WITH INSTRUCTIONS ON HOW TO COMBINE THE COMPONENTS TO CREATE ANY DEVICE DESIGNED OR SPECIALLY ADAPTED TO FACILITATE A DETONATION OR COMBUSTION. § 3. This act shall take effect on the same date and in the same manner as a chapter of the laws of 2019, amending the labor law relating to licenses to purchase, use, or store certain compounds, as proposed in legislative bills numbers S.1456 and A.4452, takes effect. SUBPART G Section 1. Paragraph (a) of subdivision 2 of section 31 of the private housing finance law, as amended by a chapter of the laws of 2019, amend- ing the private housing finance law relating to the aggregate annual S. 7505--B 50 A. 9505--B income of low income persons or families eligible for accommodations in a company project, as proposed in legislative bills numbers S.4133 and A.5350, is amended to read as follows: (a) The dwelling or non-housekeeping accommodations without board in a company project shall be available for persons or families of low income whose probable aggregate annual income at the time of admission and during the period of occupancy does not exceed, the greater of (i) the median income for such persons or families for the metropolitan statis- tical area in which the project is located, or if a project is located outside a metropolitan statistical area, the median income for such persons or families for the county in which the project is located, as most recently determined by the United States department of housing and urban development, in which case any person or family becoming eligible for admission pursuant to this subparagraph shall pay, from the time of admission, a rental surcharge as provided for in subdivision three of this section, computed on the basis of the income limitations applicable to such persons or families in the absence of this subparagraph, or (ii) eight times the rental, including the value or cost to them of heat, light, water and cooking fuel, of the dwellings that may be furnished to such persons or families, except that in the case of families with three or more dependents, such ratio shall not exceed nine to one. PERSONS OR FAMILIES WITH TWO OR LESS DEPENDENTS ELIGIBLE FOR ADMISSION OR CONTINUED OCCUPANCY PURSUANT TO SUBPARAGRAPH (II) OF THIS PARAGRAPH OR SUBPARA- GRAPH (II) OF THIS PARAGRAPH PRIOR TO THE EFFECTIVE DATE OF A CHAPTER OF THE LAWS OF TWO THOUSAND NINETEEN THAT AMENDED SUBPARAGRAPH (II) OF THIS PARAGRAPH, SHALL PAY A RENTAL SURCHARGE COMPUTED ON THE BASIS OF AN INCOME LIMITATION OF SEVEN TIMES THE RENTAL AND FAMILIES WITH THREE OR MORE DEPENDENTS ELIGIBLE FOR ADMISSION OR CONTINUED OCCUPANCY PURSUANT TO SUBPARAGRAPH (II) OF THIS PARAGRAPH OR SUBPARAGRAPH (II) OF THIS PARAGRAPH PRIOR TO THE EFFECTIVE DATE OF A CHAPTER OF THE LAWS OF TWO THOUSAND NINETEEN THAT AMENDED SUBPARAGRAPH (II) OF THIS PARAGRAPH, SHALL PAY A RENTAL SURCHARGE COMPUTED ON THE BASIS OF AN INCOME LIMITA- TION OF EIGHT TIMES THE COST OF THE RENTAL, INCLUDING IN EACH INSTANCE THE VALUE OR COST TO THE PERSONS OR FAMILIES OF HEAT, LIGHT, WATER AND COOKING FUEL, OF THE DWELLINGS FURNISHED TO SUCH PERSONS OR FAMILIES. The "probable aggregate annual income" in the case of dwelling accom- modations means the annual income of the chief wage earner of the fami- ly, plus all other income of other members of the family over the age of twenty-one years, plus a proportion of income of gainfully employed members under the age of twenty-one years, the proportion to be deter- mined by the company as approved by the commissioner or the supervising agency, as the case may be, excluding therefrom a deduction of fifteen thousand dollars from the income of secondary wage earners of the family or a larger deduction if approved by the commissioner or the supervising agency, as the case may be, except that the company, as approved by the commissioner or the supervising agency, as the case may be, may exclude a proportion of the income of other members of the family over the age of twenty-one years for the purpose of determining eligibility for admission or continued occupancy, or for establishing the rental of such family, or for all such purposes; in the case of such non-housekeeping accommodations it means the annual income of the occupant, provided that the commissioner or supervising agency, as the case may be, may make rules and regulations relative to the allocation of the income of a family among the members thereof for the purpose of determining the income attributable to such occupant. S. 7505--B 51 A. 9505--B § 2. This act shall take effect on the same date and in the same manner as a chapter of the laws of 2019, amending the private housing finance law relating to the aggregate annual income of low income persons or families eligible for accommodations in a company project, as proposed in legislative bills numbers S.4133 and A.5350, takes effect. SUBPART H Section 1. Section 1 of a chapter of the laws of 2019, relating to directing the metropolitan transportation authority to rename certain subway stations, as proposed in legislative bills numbers S. 3439-A and A. 1512-A, is amended to read as follows: Section 1. [The] UPON A DETERMINATION BY THE METROPOLITAN TRANSPORTA- TION AUTHORITY OR THE NEW YORK CITY TRANSIT AUTHORITY THAT SUFFICIENT FUNDS HAVE BEEN COMMITTED TO IT SPECIFICALLY FOR SUCH PURPOSE, THE METROPOLITAN TRANSPORTATION AUTHORITY, THE PUBLIC BENEFIT CORPORATION CREATED BY SECTION TWELVE HUNDRED SIXTY-THREE OF THE PUBLIC AUTHORITIES LAW, AND THE NEW YORK CITY TRANSIT AUTHORITY, THE PUBLIC BENEFIT CORPO- RATION CREATED BY SECTION TWELVE HUNDRED ONE OF THE PUBLIC AUTHORITIES LAW, SHALL USE SUCH SPECIFICALLY COMMITTED FUNDS TO RENAME THE President Street subway station on the IRT Nostrand Avenue line of the New York city subway [is hereby named] TO the President Street - Medgar Evers College station and the Franklin Avenue subway station on the IRT East- ern Parkway line [is hereby named] OF THE NEW YORK CITY SUBWAY TO the Franklin Avenue - Medgar Evers College station. The MTA shall ensure that all signs, [maps,] and any other items issued by the MTA are updated to accurately reflect the new name of the stations within [such time and in such manner as the MTA shall deem appropriate] TEN MONTHS. § 2. Section 2 of a chapter of the laws of 2019, relating to directing the metropolitan transportation authority to rename certain subway stations, as proposed in legislative bills numbers S. 3439-A and A. 1512-A, is amended to read as follows: § 2. This act shall take effect immediately, AND SHALL BE DEEMED REPEALED AFTER THE SIGNS, AND ANY OTHER ITEMS ARE ACCURATELY UPDATED. THE CHIEF EXECUTIVE OFFICER OF THE METROPOLITAN TRANSPORTATION AUTHORITY OR PRESIDENT OF THE NEW YORK CITY TRANSIT AUTHORITY SHALL NOTIFY THE LEGISLATIVE BILL DRAFTING COMMISSION UPON THE COMPLETION OF SUCH UPDATES IN ORDER THAT THE COMMISSION MAY MAINTAIN AN ACCURATE AND TIMELY EFFEC- TIVE 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. § 3. This act shall take effect immediately; provided, however, that section one of this act shall take effect on the same date and in the same manner as a chapter of the laws of 2019, relating to directing the metropolitan transportation authority to rename certain subway stations, as proposed in legislative bills numbers S. 3439-A and A. 1512-A. SUBPART I Section 1. Section 3 of chapter 383 of the laws of 2019 amending the public authorities law relating to the Roosevelt Island operating corpo- ration is amended to read as follows: § 3. TITLE 35 OF ARTICLE 8 OF THE PUBLIC AUTHORITIES LAW CONSTITUTING THE ROOSEVELT ISLAND OPERATING CORPORATION CREATED BY THIS ACT SHALL BE DEEMED FOR ALL PURPOSES TO BE A CONTINUATION OF THE ROOSEVELT ISLAND OPERATING CORPORATION AS IT WAS CONSTITUTED IMMEDIATELY PRECEDING THE S. 7505--B 52 A. 9505--B EFFECTIVE DATE OF THIS ACT AND SHALL NOT BE CONSTRUED AS A NEWLY CREATED CORPORATION. ALL MEMBERS OF THE ROOSEVELT ISLAND OPERATING CORPORATION BOARD OF DIRECTORS APPOINTED TO THE BOARD OF THE CORPORATION AS SUCH CORPORATION WAS CONSTITUTED IMMEDIATELY PRECEDING THE EFFECTIVE DATE OF THIS ACT SHALL CONTINUE IN OFFICE UNTIL THE EXPIRATION OF THEIR TERMS AND UNTIL THEIR SUCCESSORS ARE APPOINTED AND HAVE QUALIFIED. ALL UNEX- PENDED BALANCES OF APPROPRIATIONS OF MONIES HERETOBEFORE MADE OR ALLO- CATED TO THE ROOSEVELT ISLAND OPERATING CORPORATION AS SUCH CORPORATION WAS CONSTITUTED IMMEDIATELY PRECEDING THE EFFECTIVE DATE OF THIS ACT WHETHER OBLIGATED OR UNOBLIGATED, ARE HEREBY TRANSFERRED TO AND MADE AVAILABLE TO THE ROOSEVELT ISLAND OPERATING CORPORATION AS CREATED BY THIS ACT. ALL RULES, REGULATIONS, ORDERS, DETERMINATIONS, AND DECISIONS OF THE ROOSEVELT ISLAND OPERATING CORPORATION, AS IT WAS CONSTITUTED IMMEDIATELY PRECEDING THE EFFECTIVE DATE OF THIS ACT, SHALL CONTINUE IN FULL FORCE AND EFFECT AS RULES, REGULATIONS, ORDERS, DETERMINATIONS AND DECISIONS OF THE ROOSEVELT ISLAND OPERATING CORPORATION CREATED BY THIS ACT. § 4. This act shall take effect immediately. § 2. This act shall take effect immediately and shall be deemed to have been in full force and effect on the same date and in the same manner as chapter 383 of the laws of 2019 took effect. SUBPART J Section 1. Subdivisions 15 and 16 of section 202 of the elder law, subdivision 15 as amended by section 31-b of part AA of chapter 56 of the laws of 2019, and subdivision 16 as added by chapter 455 of the laws of 2016, are amended and a new subdivision 17 is added to read as follows: 15. to periodically, in consultation with the state director of veter- ans' services, review the programs operated by the office to ensure that the needs of the state's aging veteran population are being met and to develop improvements to programs to meet such needs; [and] 16. to the extent appropriations are available, and in consultation with the office of children and family services, conduct a public educa- tion campaign that emphasizes zero-tolerance for elder abuse. Such campaign shall include information about the signs and symptoms of elder abuse, identification of potential causes of elder abuse, resources available to assist in the prevention of elder abuse, where suspected elder abuse can be reported, contact information for programs offering services to victims of elder abuse such as counseling, and assistance with arranging personal care and shelter. Such campaign may include, but not be limited to: printed educational and informational materials; audio, video, electronic, other media; and public service announcements or advertisements[.]; AND 17. SUBJECT TO AN APPROPRIATION, MAKE AVAILABLE TO DESIGNATED AGENCIES AS DEFINED IN PARAGRAPH (A) OF SUBDIVISION ONE OF SECTION TWO HUNDRED FOURTEEN OF THIS TITLE, A TRAINING PROGRAM FOR THE PURPOSE OF RAISING AWARENESS, REMOVING BARRIERS AND IMPROVING SERVICES FOR OLDER ADULTS BASED ON THEIR SEXUAL ORIENTATION AND GENDER IDENTITY OR EXPRESSION AS DEFINED IN SECTION TWO HUNDRED NINETY-TWO OF THE EXECUTIVE LAW. SUCH TRAINING PROGRAM MAY INCLUDE: (I) AN OVERVIEW OF THE HISTORY, UNIQUE NEEDS, AND CONCERNS OF LESBIAN, GAY, BISEXUAL, TRANSGENDER, ASEXUAL, GENDER NON-CONFORMING AND GENDER NON-BINARY OLDER ADULTS; S. 7505--B 53 A. 9505--B (II) REASONS WHY LESBIAN, GAY, BISEXUAL, TRANSGENDER, ASEXUAL, GENDER NON-CONFORMING AND GENDER NON-BINARY OLDER ADULTS MAY CHOOSE NOT TO SELF-IDENTIFY; AND (III) TOOLS THAT MAY BE USED TO INCORPORATE LESBIAN, GAY, BISEXUAL, TRANSGENDER, ASEXUAL, GENDER NON-CONFORMING AND GENDER NON-BINARY OLDER ADULT CONCERNS INTO DIRECT CARE AND STEPS THAT MAY BE TAKEN TO IMPROVE THE QUALITY OF SERVICES AND SUPPORT PROVIDED. § 2. Subdivisions 13 and 14 of section 203 of the elder law, as added by a chapter of the laws of 2019, amending the elder law relating to the state office for the aging sexual discrimination training program, as proposed in legislative bills numbers S. 5958 and A. 7593, are REPEALED. § 3. This act shall take effect on the same date and in the same manner as a chapter of the laws of 2019, amending the elder law relating to the state office for the aging sexual discrimination training program, as proposed in legislative bills numbers S. 5958 and A. 7593, takes effect. SUBPART K Section 1. Subparagraph (B) of paragraph 1 of subsection (a) of section 3240 of the insurance law, as amended by chapter 461 of the laws of 2015, clause (ii) as amended by a chapter of the laws of 2019, amend- ing the insurance law relating to policies or contracts which are not included in the definition of student accident and health insurance, as proposed in legislative bills numbers S. 6197 and A. 492, is amended to read as follows: (B) "Student accident and health insurance" shall not include: (i) a policy or contract that provides limited scope dental or vision benefits meeting the definition of "excepted benefits" set forth in section 2791 of the public health service act, 42 U.S.C. § 300gg-91(c); [or] (ii) [a] AN ACCIDENT policy or contract that provides benefits meeting the definition of "excepted benefits" set forth in section 2791 of the public health service act, 42 U.S.C. § 300gg-91(c), if the policy or contract [is limited to insurance coverage for personal risks incident to planned travel, including sickness, accident, disability, or death occurring during travel, provided that such health benefits are not offered on a stand-alone basis and are incidental to other coverage. (iii) an accident policy or contract that provides benefits meeting the definition of "excepted benefits" set forth in section 2791 of the public health service act, 42 U.S.C. § 300gg-91(c), if the policy or contract]: (I) is limited to coverage for intercollegiate sports injuries only; (II) provides benefits to diagnose and treat any intercollegiate sports injury and does not include a benefit dollar maximum amount per injury that is less than the overall benefit dollar maximum amount per student under the intercollegiate sports injury policy or contract; (III) provides benefits on an expense incurred basis; (IV) provides that premiums are paid in full by the institution of higher education; (V) includes prominent disclosure to the student that the accident policy is not a substitute for comprehensive hospital and medical cover- age; (VI) provides coverage for intercollegiate sports injuries primary to any student accident and health insurance policy or contract or any student health plan issued pursuant to section one thousand one hundred S. 7505--B 54 A. 9505--B twenty-four of this chapter; except that a policy or contract meeting the requirements of this item may be excess or secondary to any other policy or contract of accident and health insurance; and (VII) includes a maximum benefit amount that is no less than the deductible under the separate athletic association policy or contract if designed to coordinate with a separate policy or contract issued to an athletic association that extends coverage for intercollegiate sports injuries; (III) AN ACCIDENT POLICY OR CONTRACT THAT PROVIDES BENEFITS MEETING THE DEFINITION OF "EXCEPTED BENEFITS" SET FORTH IN SECTION 2791 OF THE PUBLIC HEALTH SERVICE ACT, 42 U.S.C. § 300GG-91(C)(1)(A), IF THE POLICY OR CONTRACT: (I) IS LIMITED TO TRANSPORTATION EXPENSES IN THE EVENT AN INSURED STUDENT INCURS A COVERED SICKNESS OR ACCIDENT, INCLUDING TRANSPORTATION EXPENSES FOR A MEDICAL ESCORT TO TRAVEL WITH THE STUDENT AND TRANSPORTA- TION EXPENSES FOR RETURNING THE STUDENT TO THE STUDENT'S DOMICILE; (II) PROVIDES THAT PREMIUMS ARE PAID IN FULL BY THE INSTITUTION OF HIGHER EDUCATION; (III) COVERS STUDENTS ENROLLED IN THE INSTITUTION OF HIGHER EDUCATION; (IV) INCLUDES PROMINENT DISCLOSURE TO THE STUDENT THAT THE ACCIDENT POLICY IS NOT A SUBSTITUTE FOR COMPREHENSIVE HOSPITAL AND MEDICAL COVER- AGE; AND (V) PROVIDES COVERAGE FOR A PERIOD OF TWELVE MONTHS; OR (IV) AN INSURANCE POLICY, CONTRACT, OR CERTIFICATE THAT PROVIDES HOSPITAL, MEDICAL, OR SURGICAL EXPENSE COVERAGE FOR A STUDENT WHILE STUDYING OUTSIDE THE UNITED STATES FOR A PERIOD OF TWELVE MONTHS OR LESS THAT IS ISSUED TO A STUDENT, PROVIDED THAT THE STUDENT IS ALSO COVERED BY COMPREHENSIVE HOSPITAL AND MEDICAL COVERAGE WITHIN THE UNITED STATES AND THE INSURANCE POLICY, CONTRACT, OR CERTIFICATE: (I) IS SUBJECT TO THE REQUIREMENTS OF SUBSECTIONS (B), (C), (D), (E), (H), AND (I) OF THIS SECTION; (II) MEETS THE DEFINITION OF "EXPATRIATE HEALTH PLAN" SET FORTH IN 42 U.S.C. § 18014(D)(2); (III) EXCLUDES COVERAGE WITHIN THE UNITED STATES; (IV) MAY OFFER COVERAGE FOR GLOBAL EVACUATION AND REPATRIATION IN THE EVENT OF THE INSURED STUDENT'S SICKNESS OR ACCIDENT; AND (V) MAY OFFER COVERAGE FOR TRIP CANCELLATION, TRIP INTERRUPTION, BAGGAGE, PERSONAL EFFECTS, OR GLOBAL EVACUATION AND REPATRIATION, INCLUDING EVACUATION IN THE EVENT OF A NATURAL OR MAN-MADE DISASTER, SUCH AS AN EPIDEMIC, POLITICAL EVENT, WAR, TERRORIST ACT, RIOT, OR CIVIL INSURRECTION, PURSUANT TO SECTION THREE THOUSAND FOUR HUNDRED FIFTY-TWO OF THIS CHAPTER. § 2. Clause (iii) of subparagraph (C) of paragraph 3 of subsection (a) of section 4237 of the insurance law, as amended by chapter 461 of the laws of 2015, is amended to read as follows: (iii) as described in item (ii), (III) OR (IV) of subparagraph (B) of paragraph one of subsection (a) of section three thousand two hundred forty of this chapter. § 3. Paragraphs 3, 4 and 5 of subsection (a) of section 3452 of the insurance law, as added by chapter 318 of the laws of 2008, are amended to read as follows: (3) The policy may be issued to: (A) any railroad company, steamship company, carrier by air, public bus carrier, or other common carrier of passengers, which shall be deemed the policyholder, where the policy insures its passengers; [or] S. 7505--B 55 A. 9505--B (B) AN INSTITUTION OF HIGHER EDUCATION AS PROVIDED IN PARAGRAPH TWO OF SUBSECTION (A) OF SECTION THREE THOUSAND TWO HUNDRED FORTY OF THIS CHAP- TER; OR (C) any other group where the superintendent has determined in a regu- lation that the members are engaged in a common enterprise, or have an economic or social affinity or relationship, and that the issuance of the policy would not be contrary to the best interests of the public. (4) [The] (A) EXCEPT AS PROVIDED IN SUBPARAGRAPH (B) OF PARAGRAPH ONE OF SUBSECTION (A) OF SECTION THREE THOUSAND TWO HUNDRED FORTY OF THIS CHAPTER, THE policy may provide coverage for trip cancellation, trip interruption, baggage, and personal effects when limited to a specific trip. The policy shall be sold in connection with transportation provided by the common carrier or, with respect to other groups as permitted by the superintendent in accordance with subparagraph [(B)] (C) of paragraph three of this subsection, subject to such limitations provided in the regulation promulgated by the superintendent. (B) A POLICY ISSUED TO AN INSTITUTION OF HIGHER EDUCATION SHALL COMPLY WITH CLAUSE (V) OF ITEM (IV) OF SUBPARAGRAPH (B) OF PARAGRAPH ONE OF SUBSECTION (A) OF SECTION THREE THOUSAND TWO HUNDRED FORTY OF THIS CHAP- TER. (5) Coverage under the policy shall be limited to the group member's risks with respect to a particular trip, EXCEPT A POLICY ISSUED TO AN INSTITUTION OF HIGHER EDUCATION SHALL COMPLY WITH ITEM (IV) OF SUBPARA- GRAPH (B) OF PARAGRAPH ONE OF SUBSECTION (A) OF SECTION THREE THOUSAND TWO HUNDRED FORTY OF THIS CHAPTER. § 4. Paragraph 1 of subsection (c) of section 3452 of the insurance law, as added by chapter 318 of the laws of 2008, is amended to read as follows: (1) Unless the group policy provides for a longer policy period, the policy shall be issued or renewed for a one-year policy period, EXCEPT A POLICY ISSUED TO AN INSTITUTION OF HIGHER EDUCATION SHALL BE ISSUED OR RENEWED FOR A PERIOD CONSISTENT WITH ITEM (IV) OF SUBPARAGRAPH (B) OF PARAGRAPH ONE OF SUBSECTION (A) OF SECTION THREE THOUSAND TWO HUNDRED FORTY OF THIS CHAPTER. § 5. Subparagraph (B) of paragraph 7 of subsection (c) of section 3452 of the insurance law, as added by chapter 318 of the laws of 2008, is amended to read as follows: (B) The coverage shall terminate as provided in the certificate, which shall in no event be later than the conclusion of the trip, EXCEPT COVERAGE UNDER A POLICY ISSUED TO AN INSTITUTION OF HIGHER EDUCATION AS PROVIDED IN ITEM (IV) OF SUBPARAGRAPH (B) OF PARAGRAPH ONE OF SUBSECTION (A) OF SECTION THREE THOUSAND TWO HUNDRED FORTY OF THIS CHAPTER SHALL TERMINATE IN ACCORDANCE WITH THE PROVISIONS OF THAT SECTION. § 6. This act shall take effect on the same date and in the same manner as a chapter of the laws of 2019, amending the insurance law relating to policies or contracts which are not included in the defi- nition of student accident and health insurance, as proposed in legisla- tive bills numbers S. 6197 and A. 492, takes effect. SUBPART L Section 1. Subdivision 5 of section 1017 of the family court act, as added by a chapter of the laws of 2019 amending the family court act and the social services law relating to notice of indicated reports of child maltreatment and changes of placement in child protective and voluntary S. 7505--B 56 A. 9505--B foster care placement and review proceedings, as proposed in legislative bills numbers S. 6215 and A. 7974, is amended to read as follows: 5. In any case in which an order has been issued pursuant to this article remanding or placing a child in the custody of the local social services district, the social services official or authorized agency charged with custody or care of the child shall report any anticipated change in placement to the [attorneys for the parties and the attorney for the child not later than ten days prior to such change in any case in which the child is moved from the foster home or program into which he or she has been placed or in which the foster parents move out of state with the child; provided, however, that where an immediate change of placement on an emergency basis is required, the report shall be transmitted no later than the next business day after such change in placement has been made. The social services official or authorized agency shall also submit a report to the attorneys for the parties and the attorney for the child or include in the placement change report any indicated report of child abuse or maltreatment concerning the child or (if a person or persons caring for the child is or are the subject of the report) another child in the same home within five days of the indi- cation of the report. The official or agency may protect the confiden- tiality of identifying or address information regarding the foster or prospective adoptive parents. Reports regarding indicated reports of child abuse or maltreatment provided pursuant to this subdivision shall include a statement advising recipients that the information in such report of child abuse or maltreatment shall be kept confidential, shall be used only in connection with a proceeding under this article or related proceedings under this act and may not be redisclosed except as necessary for such proceeding or proceedings and as authorized by law. Reports under this paragraph may be transmitted by any appropriate means, including, but not limited to, by electronic means or placement on the record during proceedings in family court] COURT AND THE ATTOR- NEYS FOR THE PARTIES, INCLUDING THE ATTORNEY FOR THE CHILD, FORTHWITH, BUT NOT LATER THAN ONE BUSINESS DAY FOLLOWING EITHER THE DECISION TO CHANGE THE PLACEMENT OR THE ACTUAL DATE THE PLACEMENT CHANGE OCCURRED, WHICHEVER IS SOONER. SUCH NOTICE SHALL INDICATE THE DATE THAT THE PLACE- MENT CHANGE IS ANTICIPATED TO OCCUR OR THE DATE THE PLACEMENT CHANGE OCCURRED, AS APPLICABLE. PROVIDED, HOWEVER, IF SUCH NOTICE LISTS AN ANTICIPATED DATE FOR THE PLACEMENT CHANGE, THE LOCAL SOCIAL SERVICES DISTRICT OR AUTHORIZED AGENCY SHALL SUBSEQUENTLY NOTIFY THE COURT AND ATTORNEYS FOR THE PARTIES, INCLUDING THE ATTORNEY FOR THE CHILD, OF THE DATE THE PLACEMENT CHANGE OCCURRED; SUCH NOTICE SHALL OCCUR NO LATER THAN ONE BUSINESS DAY FOLLOWING THE PLACEMENT CHANGE. § 2. Subdivision (j) of section 1055 of the family court act, as added by a chapter of the laws of 2019 amending the family court act and the social services law relating to notice of indicated reports of child maltreatment and changes of placement in child protective and voluntary foster care placement and review proceedings, as proposed in legislative bills numbers S. 6215 and A. 7974, is amended to read as follows: (j) In any case in which an order has been issued pursuant to this section placing a child in the custody or care of the commissioner of social services, the social services official or authorized agency charged with custody of the child shall report any anticipated change in placement to the [attorneys for the parties and the attorney for the child not later than ten days prior to such change in any case in which the child is moved from the foster home or program into which he or she has been placed or in which the foster parents move out of state with S. 7505--B 57 A. 9505--B the child; provided, however, that where an immediate change of place- ment on an emergency basis is required, the report shall be transmitted no later than the next business day after such change in placement has been made. The social services official or authorized agency shall also submit a report to the attorneys for the parties and the attorney for the child or include in the placement change report any indicated report of child abuse or maltreatment concerning the child or (if a person or persons caring for the child is or are the subject of the report) anoth- er child in the same home within five days of the indication of the report. The official or agency may protect the confidentiality of iden- tifying or address information regarding the foster or prospective adop- tive parents. Reports regarding indicated reports of child abuse or maltreatment provided pursuant to this subdivision shall include a statement advising recipients that the information in such report of child abuse or maltreatment shall be kept confidential, shall be used only in connection with a proceeding under this article or related proceedings under this act and may not be redisclosed except as neces- sary for such proceeding or proceedings and as authorized by law. Reports under this paragraph may be transmitted by any appropriate means, including, but not limited to, by electronic means or placement on the record during proceedings in family court] COURT AND THE ATTOR- NEYS FOR THE PARTIES, INCLUDING THE ATTORNEY FOR THE CHILD, FORTHWITH, BUT NOT LATER THAN ONE BUSINESS DAY FOLLOWING EITHER THE DECISION TO CHANGE THE PLACEMENT OR THE ACTUAL DATE THE PLACEMENT CHANGE OCCURRED, WHICHEVER IS SOONER. SUCH NOTICE SHALL INDICATE THE DATE THAT THE PLACE- MENT CHANGE IS ANTICIPATED TO OCCUR OR THE DATE THE PLACEMENT CHANGE OCCURRED, AS APPLICABLE. PROVIDED, HOWEVER, IF SUCH NOTICE LISTS AN ANTICIPATED DATE FOR THE PLACEMENT CHANGE, THE LOCAL SOCIAL SERVICES DISTRICT OR AUTHORIZED AGENCY SHALL SUBSEQUENTLY NOTIFY THE COURT AND ATTORNEYS FOR THE PARTIES, INCLUDING THE ATTORNEY FOR THE CHILD, OF THE DATE THE PLACEMENT CHANGE OCCURRED; SUCH NOTICE SHALL OCCUR NO LATER THAN ONE BUSINESS DAY FOLLOWING THE PLACEMENT CHANGE. § 3. Clause (H) of subparagraph (vii) of paragraph 2 of subdivision (d) of section 1089 of the family court act, as added by a chapter of the laws of 2019 amending the family court act and the social services law relating to notice of indicated reports of child maltreatment and changes of placement in child protective and voluntary foster care placement and review proceedings, as proposed in legislative bills numbers S. 6215 and A. 7974, is amended to read as follows: (H) a direction that the social services official or authorized agency charged with care and custody or guardianship and custody of the child, as applicable, report any anticipated change in placement to the [attor- neys for the parties and the attorney for the child not later than ten days prior to such change in any case in which the child is moved from the foster home or program into which he or she has been placed or in which the foster parents move out of state with the child; provided, however, that where an immediate change of placement on an emergency basis is required, the report shall be transmitted no later than the next business day after such change in placement has been made. The social services official or authorized agency shall also submit a report to the attorneys for the parties and the attorney for the child or include in the placement change report any indicated report of child abuse or maltreatment concerning the child or (if a person or persons caring for the child is or are the subject of the report) another child in the same home within five days of the indication of the report. The official or agency may protect the confidentiality of identifying or S. 7505--B 58 A. 9505--B address information regarding the foster or prospective adoptive parents. Reports under this paragraph shall not be sent to attorneys for birth parents whose parental rights have been terminated or who have surrendered their child or children. Reports regarding indicated reports of child abuse or maltreatment provided pursuant to this subdivision shall include a statement advising recipients that the information in such report of child abuse or maltreatment shall be kept confidential, shall be used only in connection with a proceeding under this article or related proceedings under this act and may not be redisclosed except as necessary for such proceeding or proceedings and as authorized by law. Reports under this paragraph may be transmitted by any appropriate means including, but not limited to, by electronic means or placement on the record during proceedings in family court] COURT AND THE ATTORNEYS FOR THE PARTIES, INCLUDING THE ATTORNEY FOR THE CHILD, FORTHWITH, BUT NOT LATER THAN ONE BUSINESS DAY FOLLOWING EITHER THE DECISION TO CHANGE THE PLACEMENT OR THE ACTUAL DATE THE PLACEMENT CHANGE OCCURRED, WHICHEVER IS SOONER. SUCH NOTICE SHALL INDICATE THE DATE THAT THE PLACEMENT CHANGE IS ANTICIPATED TO OCCUR OR THE DATE THE PLACEMENT CHANGE OCCURRED, AS APPLICABLE. PROVIDED, HOWEVER, IF SUCH NOTICE LISTS AN ANTICIPATED DATE FOR THE PLACEMENT CHANGE, THE LOCAL SOCIAL SERVICES DISTRICT OR AUTHOR- IZED AGENCY SHALL SUBSEQUENTLY NOTIFY THE COURT AND ATTORNEYS FOR THE PARTIES, INCLUDING THE ATTORNEY FOR THE CHILD, OF THE DATE THE PLACEMENT CHANGE OCCURRED; SUCH NOTICE SHALL OCCUR NO LATER THAN ONE BUSINESS DAY FOLLOWING THE PLACEMENT CHANGE; and § 4. Paragraph (g) of subdivision 3 of section 358-a of the social services law, as added by a chapter of the laws of 2019 amending the family court act and the social services law relating to notice of indi- cated reports of child maltreatment and changes of placement in child protective and voluntary foster care placement and review proceedings, as proposed in legislative bills numbers S. 6215 and A. 7974, is amended to read as follows: (g) In any case in which an order has been issued pursuant to this section approving a foster care placement instrument, the social services official or authorized agency charged with custody or care of the child shall report any anticipated change in placement to the [attorneys for the parties and the attorney for the child not later than ten days prior to such change in any case in which the child is moved from the foster home or program into which he or she has been placed or in which the foster parents move out of state with the child; provided, however, that where an immediate change of placement on an emergency basis is required, the report shall be transmitted no later than the next business day after such change in placement has been made. The social services official or authorized agency shall also submit a report to the attorneys for the parties and the attorney for the child or include in the placement change report any indicated report of child abuse or maltreatment concerning the child or (if a person or persons caring for the child is or are the subject of the report) another child in the same home within five days of the indication of the report. The official or agency may protect the confidentiality of identifying or address information regarding the foster or prospective adoptive parents. Reports regarding indicated reports of child abuse or maltreatment provided pursuant to this subdivision shall include a statement advising recipients that the information in such report of child abuse or maltreatment shall be kept confidential, shall be used only in connection with a proceeding under this section or related proceedings under the family court act and may not be redisclosed except S. 7505--B 59 A. 9505--B as necessary for such proceeding or proceedings and as authorized by law. Reports under this paragraph may be transmitted by any appropriate means including, but not limited to, by electronic means or placement on the record during proceedings in family court] COURT AND THE ATTORNEYS FOR THE PARTIES, INCLUDING THE ATTORNEY FOR THE CHILD, FORTHWITH, BUT NOT LATER THAN ONE BUSINESS DAY FOLLOWING EITHER THE DECISION TO CHANGE THE PLACEMENT OR THE ACTUAL DATE THE PLACEMENT CHANGE OCCURRED, WHICHEV- ER IS SOONER. SUCH NOTICE SHALL INDICATE THE DATE THAT THE PLACEMENT CHANGE IS ANTICIPATED TO OCCUR OR THE DATE THE PLACEMENT CHANGE OCCURRED, AS APPLICABLE. PROVIDED, HOWEVER, IF SUCH NOTICE LISTS AN ANTICIPATED DATE FOR THE PLACEMENT CHANGE, THE LOCAL SOCIAL SERVICES DISTRICT OR AUTHORIZED AGENCY SHALL SUBSEQUENTLY NOTIFY THE COURT AND ATTORNEYS FOR THE PARTIES, INCLUDING THE ATTORNEY FOR THE CHILD, OF THE DATE THE PLACEMENT CHANGE OCCURRED; SUCH NOTICE SHALL OCCUR NO LATER THAN ONE BUSINESS DAY FOLLOWING THE PLACEMENT CHANGE. § 5. This act shall take effect on the same date and in the same manner as a chapter of the laws of 2019 amending the family court act and the social services law relating to notice of indicated reports of child maltreatment and changes of placement in child protective and voluntary foster care placement and review proceedings, as proposed in legislative bills numbers S. 6215 and A. 7974, takes effect. SUBPART M Section 1. Subdivision 18 of section 5-211 of the election law, as amended by a chapter of the laws of 2019, amending the election law relating to voter registration form distribution and assistance, as proposed in legislative bills numbers S. 1128-A and A. 2599-A, is amended to read as follows: 18. (a) (I) On or before January first, two thousand twenty, all institutions of the state university of New York and the city university of New York shall create and make available to all students a webpage for voter education on each such institution's website, containing a link to an application for voter registration, a link to an application for an absentee ballot, contact information for the county board of elections, and the name and contact information for the administrator responsible for voter registration assistance on each campus. (II) Each such institution shall, at the beginning of the school year, and again in January of a year in which the president of the United States is to be elected, provide an application for voter registration AND AN APPLICATION FOR AN ABSENTEE BALLOT to each student in each such institution. [Such institutions shall also offer each student an appli- cation for an absentee ballot. Such institutions shall provide the same degree of assistance as required of participating agencies.] Each insti- tution shall be considered in compliance with [these] THE requirements OF THIS SUBPARAGRAPH for each student to whom the institution electron- ically transmits a message containing the link to the webpage for voter education [and], the link to an application for voter registration AND THE LINK TO AN APPLICATION FOR AN ABSENTEE BALLOT, if such information is in an electronic message devoted exclusively to voter registration. (III) EACH SUCH INSTITUTION SHALL PROVIDE THE SAME DEGREE OF ASSIST- ANCE AS REQUIRED OF PARTICIPATING AGENCIES. (b) [Each institution] THE STATE UNIVERSITY OF NEW YORK AND THE CITY UNIVERSITY OF NEW YORK, ON BEHALF OF EACH INSTITUTION WITHIN ITS SYSTEM, shall on or before [January] JUNE first, two thousand twenty, and each S. 7505--B 60 A. 9505--B subsequent year, submit a report DISAGGREGATED ACCORDING TO EACH INSTI- TUTION to the state board of elections that includes: (i) the efforts of the institution to register voters in the preceding calendar year; (ii) a date-stamped screen shot of the webpage for voter education that contains the required information under paragraph (a) of this subdivision; (iii) the number of students who were registered for course work in the preceding twelve months at such institution and the number of [students who clicked] CLICKS on the links to online voter registration and absentee ballot applications; and (iv) any other efforts or recommendations the institution plans to implement to improve access to voter registration and absentee ballot voting for students at the institution. (C) THE STATE BOARD OF ELECTIONS SHALL MAKE THE REPORTS PROVIDED PURSUANT TO PARAGRAPH (B) OF THIS SUBDIVISION PUBLICLY AVAILABLE ON ITS WEBSITE. § 2. This act shall take effect on the same date and in the same manner as a chapter of the laws of 2019, amending the election law relating to voter registration form distribution and assistance, as proposed in legislative bills numbers S. 1128-A and A. 2599-A, takes effect. SUBPART N Section 1. Subparagraph (v) of paragraph (a) of subdivision 2 of section 9-209 of the election law, as added by a chapter of the laws of 2019 amending the election law relating to canvass of ballots cast by certain voters, as proposed in legislative bills numbers S. 3045-B and A. 1320-A, is amended to read as follows: (v) If the board of elections determines that a person was entitled to vote at such election, the board shall cast and canvass such ballot if such board finds that the voter substantially complied with the require- ments of this chapter. FOR PURPOSES OF THIS SUBPARAGRAPH, SUBSTANTIALLY COMPLIED SHALL MEAN THE BOARD CAN DETERMINE THE VOTER'S ELIGIBILITY BASED ON THE STATEMENT OF THE AFFIANT OR RECORDS OF THE BOARD. § 2. This act shall take effect on the same date and in the same manner as a chapter of the laws of 2019 amending the election law relat- ing to canvass of ballots cast by certain voters, as proposed in legis- lative bills numbers S. 3045-B and A. 1320-A, takes effect. SUBPART O Section 1. Article 33 of the labor law, as added by section 1 of part A of a chapter of the laws of 2019, amending the labor law and the state finance law relating to requiring the licensing of persons engaged in the design, construction, inspection, maintenance, alteration, and repair of elevators and other automated people moving devices, as proposed in legislative bills numbers S. 4080-C and A. 4509-A, is REPEALED and a new article 33 is added to read as follows: ARTICLE 33 ELEVATORS AND OTHER CONVEYANCES; LICENSING SECTION 950. APPLICATION. 951. DEFINITIONS. 952. LICENSING AND COMPLIANCE REQUIREMENTS. 953. LICENSE PROCEDURE. S. 7505--B 61 A. 9505--B 954. QUALIFICATIONS, TRAINING, AND CONTINUING EDUCATION. 955. POWERS OF THE COMMISSIONER. 956. NEW YORK STATE ELEVATOR SAFETY AND STANDARDS ADVISORY BOARD. 957. EXEMPT PERSONS. § 950. APPLICATION. 1. THIS ARTICLE COVERS LICENSING OF BUSINESSES AND OCCUPATIONS THAT ENGAGE IN DESIGN, CONSTRUCTION, INSTALLATION, INSPECTION, TESTING, MAINTENANCE, ALTERATION, SERVICE, AND REPAIR OF THE FOLLOWING EQUIPMENT: (A) HOISTING AND LOWERING MECHANISMS EQUIPPED WITH A CAR OR PLATFORM WHICH MOVES BETWEEN TWO OR MORE LANDINGS. THIS EQUIPMENT INCLUDES, BUT IS NOT LIMITED TO ELEVATORS, PLATFORM LIFTS, AND NON-RESIDENTIAL STAIR- WAY CHAIR LIFTS; (B) POWER DRIVEN STAIRWAYS AND WALKWAYS FOR CARRYING PERSONS BETWEEN LANDINGS. THIS EQUIPMENT INCLUDES, BUT IS NOT LIMITED TO, ESCALATORS AND MOVING WALKS; (C) HOISTING AND LOWERING MECHANISMS EQUIPPED WITH A CAR, WHICH SERVES TWO OR MORE LANDINGS AND IS RESTRICTED TO THE CARRYING OF MATERIAL BY ITS LIMITED SIZE OR LIMITED ACCESS TO THE CAR. THIS EQUIPMENT INCLUDES, BUT IS NOT LIMITED TO, DUMBWAITERS, MATERIAL LIFTS, AND DUMBWAITERS WITH AUTOMATIC TRANSFER DEVICES AS DEFINED IN SECTION NINE HUNDRED FIFTY-ONE OF THIS ARTICLE; AND (D) AUTOMATIC GUIDED TRANSIT VEHICLES ON GUIDEWAYS WITH AN EXCLUSIVE RIGHT-OF-WAY. THIS EQUIPMENT INCLUDES, BUT IS NOT LIMITED TO, AUTOMATED PEOPLE MOVERS. 2. THE FOLLOWING EQUIPMENT IS NOT COVERED BY THIS ARTICLE: (A) PERSONNEL AND MATERIAL HOISTS; (B) MANLIFTS; (C) MOBILE SCAFFOLDS, TOWERS, AND PLATFORMS; (D) POWERED PLATFORMS AND EQUIPMENT FOR EXTERIOR AND INTERIOR MAINTE- NANCE; (E) CONVEYOR AND RELATED EQUIPMENT; (F) CRANES, DERRICKS, HOISTS, HOOKS, JACKS, AND SLINGS; (G) INDUSTRIAL TRUCKS; (H) PORTABLE EQUIPMENT, EXCEPT FOR PORTABLE ESCALATORS; (I) TIERING AND PILING MACHINES USED TO MOVE MATERIALS TO AND FROM STORAGE LOCATED AND OPERATING ENTIRELY WITHIN ONE STORY; (J) EQUIPMENT FOR FEEDING OR POSITIONING MATERIALS INCLUDING, BUT NOT LIMITED TO, MACHINE TOOLS AND PRINTING PRESSES; (K) SKIP OR FURNACE HOISTS; (L) WHARF RAMPS; (M) RAILROAD CAR LIFTS OR DUMPERS; (N) STAIRWAY CHAIRLIFTS FOR PRIVATE RESIDENCES; AND (O) LINE JACKS, FALSE CARS, SHAFTERS, MOVING PLATFORMS, AND SIMILAR EQUIPMENT USED FOR INSTALLING AN ELEVATOR BY A CONTRACTOR LICENSED IN THIS STATE. 3. THE LICENSING PROVISIONS OF THIS ARTICLE SHALL NOT APPLY TO THE OWNERS OR LESSEES OF PRIVATE RESIDENCES WHO DESIGN, CONSTRUCT, INSTALL, ALTER, REPAIR, SERVICE, OR MAINTAIN CONVEYANCES THAT ARE LOCATED OR WILL BE LOCATED IN SUCH OWNER OR LESSEE'S PRIVATE RESIDENCE. HOWEVER, ANY PERSON HIRED TO DESIGN, CONSTRUCT, INSTALL, ALTER, REPAIR, SERVICE, MAINTAIN, OR PERFORM ANY OTHER WORK RELATED TO SUCH CONVEYANCES MUST COMPLY WITH THE PROVISIONS OF THIS ARTICLE. 4. NO LICENSE SHALL BE REQUIRED FOR THE REMOVAL OR DISMANTLING OF CONVEYANCES. S. 7505--B 62 A. 9505--B 5. NO LICENSE SHALL BE REQUIRED FOR THE OUTFITTING, REMOVAL, REFINISH- ING, OR REPLACEMENT OF INTERIOR FINISHES, INCLUDING WALL PANELS, DROP CEILINGS, HANDRAILS AND FLOORING, REMOVAL OR REPLACEMENT OF INTERIOR LIGHTING, RECLADDING OF DOORS, TRANSOMS AND FRONT RETURN PANELS, FINISH- ING, OR ORNAMENTAL WORK ON CAR OPERATING PANELS. 6. THE PROVISIONS OF THIS ARTICLE AND THE RULES ADOPTED PURSUANT THER- ETO SHALL BE THE MINIMUM STANDARD REQUIRED AND SHALL SUPERSEDE ANY SPECIAL LAW OR LOCAL ORDINANCE INCONSISTENT THEREWITH, AND NO LOCAL ORDINANCE INCONSISTENT THEREWITH SHALL BE ADOPTED, BUT NOTHING HEREIN CONTAINED SHALL PREVENT THE ENACTMENT BY LOCAL LAW OR ORDINANCE OF ADDI- TIONAL REQUIREMENTS AND RESTRICTIONS. 7. ANY MUNICIPAL CORPORATION MAY WAIVE LICENSING FEES FOR ANY INDIVID- UAL SEEKING AN ELEVATOR LICENSE, OR ITS EQUIVALENT, OFFERED BY SUCH MUNICIPAL CORPORATION IF SUCH INDIVIDUAL HOLDS AN ELEVATOR MECHANIC'S LICENSE PURSUANT TO THIS ARTICLE; PROVIDED, HOWEVER, THAT ANY ELEVATOR MECHANIC'S LICENSE, OR ITS EQUIVALENT, OFFERED BY A MUNICIPAL CORPO- RATION SHALL NOT BE INCONSISTENT WITH THE REQUIREMENTS OF THIS ARTICLE AND NOTHING HEREIN SHALL PREVENT THE ENACTMENT BY LOCAL LAW OR ORDINANCE OF ADDITIONAL REQUIREMENTS. § 951. DEFINITIONS. AS USED IN THIS ARTICLE, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING DEFINITIONS: 1. "AUTOMATED PEOPLE MOVER" MEANS A GUIDED TRANSIT MODE WITH FULLY AUTOMATED OPERATION, FEATURING VEHICLES THAT OPERATE ON GUIDEWAYS WITH EXCLUSIVE RIGHT-OF-WAY. 2. "ACCESSIBILITY LIFT" MEANS ELEVATORS OR CONVEYANCES THAT ARE INTENDED FOR TRANSPORTATION OF PERSONS WITH DISABILITIES, SUCH AS PLAT- FORM LIFTS AND STAIRWAY CHAIRLIFTS, INCLUDING EQUIPMENT COVERED BY THE PROVISIONS OF ASME (AMERICAN SOCIETY OF MECHANICAL ENGINEERS) A18.1 2017 SAFETY STANDARD FOR PLATFORM LIFTS AND STAIRWAY CHAIRLIFTS. 3. "ACCESSIBILITY LIFT TECHNICIAN" MEANS A PERSON WHO PERFORMS ACCES- SIBILITY LIFT WORK. 4. "ACCESSIBILITY LIFT TECHNICIAN'S LICENSE" MEANS A RESTRICTED ELEVA- TOR MECHANIC'S LICENSE THAT AUTHORIZES THE HOLDER TO ENGAGE IN ACCESSI- BILITY LIFT WORK. 5. "ACCESSIBILITY LIFT WORK" MEANS ELEVATOR AND CONVEYANCE WORK THAT IS RESTRICTED TO ACCESSIBILITY LIFTS. 6. "BUSINESS LICENSE" MEANS A LICENSE THAT AUTHORIZES THE HOLDER TO ENGAGE IN THE BUSINESS OF ELEVATOR AND CONVEYANCE WORK, OR ELEVATOR AND CONVEYANCE INSPECTIONS. 7. "ELEVATOR AND CONVEYANCE WORK" MEANS PERFORMING ACTIVITIES THAT INCLUDE THE DESIGN, CONSTRUCTION, INSTALLATION, TESTING, MAINTENANCE, ALTERATION, SERVICE, AND REPAIR OF ANY ELEVATOR OR CONVEYANCE. 8. "ELEVATOR OR CONVEYANCE" MEANS ANY EQUIPMENT IDENTIFIED IN PARA- GRAPHS (A) THROUGH (D) OF SUBDIVISION ONE OF SECTION NINE HUNDRED FIFTY OF THIS ARTICLE, INCLUDING ANY ELEVATOR, DUMBWAITER, ESCALATOR, MOVING SIDEWALK, PLATFORM LIFTS, NON-RESIDENTIAL STAIRWAY CHAIRLIFTS AND AUTO- MATED PEOPLE MOVERS. ELEVATOR OR CONVEYANCE SHALL NOT MEAN ANY EQUIP- MENT IDENTIFIED IN SUBDIVISION TWO OF SECTION NINE HUNDRED FIFTY OF THIS ARTICLE. 9. "ELEVATOR AND CONVEYANCE INSPECTIONS" MEANS PERFORMING THE INSPECTION OR ANY RELATED TESTING OF ANY ELEVATOR OR CONVEYANCE, BUT DOES NOT INCLUDE GOVERNMENT REGULATORY INSPECTIONS PERFORMED BY AN AUTHORITY HAVING JURISDICTION TO ENFORCE ANY APPLICABLE BUILDING CODES AND ANY ELEVATOR CODES. 10. "ELEVATOR" MEANS A HOISTING AND LOWERING MECHANISM, EQUIPPED WITH A CAR, THAT MOVES WITHIN GUIDES AND SERVES TWO OR MORE LANDINGS. S. 7505--B 63 A. 9505--B 11. "ELEVATOR OR CONVEYANCE COMPONENT" MEANS ANY ELEVATOR OR CONVEY- ANCE, OR ANY PARTS, COMPONENTS, OR SUBSYSTEMS THEREOF, OR ANY COMBINA- TION THEREOF. 12. "ELEVATOR CONTRACTOR" MEANS ANY BUSINESS THAT ENGAGES IN ELEVATOR AND CONVEYANCE WORK. 13. "ELEVATOR HELPER/APPRENTICE/ASSISTANT MECHANIC" MEANS ANY PERSON WHO WORKS UNDER THE GENERAL DIRECTION OF A LICENSED ELEVATOR MECHANIC. 14. "ELEVATOR INSPECTOR" MEANS ANY PERSON WHO PERFORMS ELEVATOR AND CONVEYANCE INSPECTIONS, WHETHER INDIVIDUALLY OR THROUGH AN ELEVATOR INSPECTION CONTRACTOR OR PUBLIC EMPLOYER. 15. "ELEVATOR INSPECTION CONTRACTOR" MEANS ANY BUSINESS THAT PERFORMS ELEVATOR AND CONVEYANCE INSPECTIONS. 16. "ELEVATOR MECHANIC" MEANS ANY PERSON WHO PERFORMS ELEVATOR AND CONVEYANCE WORK. 17. "ESCALATOR" MEANS A POWER-DRIVEN, INCLINED, CONTINUOUS STAIRWAY USED FOR RAISING OR LOWERING PASSENGERS. 18. "EXISTING INSTALLATION" MEANS AN INSTALLATION THAT HAS BEEN COMPLETED OR IS UNDER CONSTRUCTION PRIOR TO THE EFFECTIVE DATE OF THIS ARTICLE. 19. "LICENSE" MEANS A CREDENTIAL DULY ISSUED BY THE COMMISSIONER AUTHORIZING THE HOLDER TO ENGAGE A BUSINESS OR AN OCCUPATION WHOSE SCOPE INCLUDES ACCESSIBILITY LIFT WORK, OR ELEVATOR AND CONVEYANCE WORK, OR ELEVATOR AND CONVEYANCE INSPECTIONS. 20. "ELEVATOR CONTRACTOR'S LICENSE" MEANS A BUSINESS LICENSE THAT ENTITLES THE HOLDER THEREOF TO ENGAGE IN THE BUSINESS OF ELEVATOR AND CONVEYANCE WORK IN THIS STATE. 21. "ELEVATOR INSPECTION CONTRACTOR'S LICENSE" MEANS A BUSINESS LICENSE THAT ENTITLES THE HOLDER THEREOF TO ENGAGE IN THE BUSINESS OF ELEVATOR AND CONVEYANCE INSPECTIONS IN THIS STATE. 22. "ELEVATOR MECHANIC'S LICENSE" MEANS AN OCCUPATIONAL LICENSE THAT ENTITLES THE HOLDER THEREOF TO ENGAGE IN ELEVATOR AND CONVEYANCE WORK IN THIS STATE FOR A LICENSED ELEVATOR CONTRACTOR. 23. "ELEVATOR INSPECTOR'S LICENSE" MEANS AN OCCUPATIONAL LICENSE THAT ENTITLES THE HOLDER THEREOF TO PERFORM ELEVATOR AND CONVEYANCE INSPECTIONS IN THIS STATE FOR A LICENSED ELEVATOR INSPECTION CONTRACTOR. 24. "ELEVATOR ACCESSIBILITY TECHNICIAN'S LICENSE" MEANS AN OCCUPA- TIONAL LICENSE THAT ENTITLES THE HOLDER THEREOF TO ENGAGE IN ELEVATOR AND CONVEYANCE WORK IN THIS STATE THAT IS RESTRICTED TO PLATFORM LIFTS INCLUDING THOSE INSTALLED IN PRIVATE RESIDENCES WHICH ARE COVERED BY THE PROVISIONS OF ASME (AMERICAN SOCIETY OF MECHANICAL ENGINEERS) CODES AND STANDARDS A18.1 2017 SAFETY STANDARD FOR PLATFORM LIFTS AND STAIRWAY CHAIRLIFTS AND ANY SUCCESSOR STANDARD FOR JUST PLATFORM LIFTS AND STAIR- WAY CHAIRLIFTS. AN APPLICANT FOR SUCH A RESTRICTED LICENSE SHALL COMPLETE AN APPLICATION APPROVED BY THE COMMISSIONER AND SHALL HAVE AT LEAST THREE YEARS VERIFIED WORK EXPERIENCE IN CONSTRUCTING, MAINTAINING, AND REPAIRING SUCH LIFTS AND SHALL PROVIDE THE COMMISSIONER A CERTIF- ICATE OF COMPLETION OF AN ACCESSIBILITY TRAINING PROGRAM FOR LIFTS UNDER THE SCOPE OF A18.1 2017 SUCH AS THE CERTIFIED ACCESSIBILITY AND PRIVATE RESIDENCE LIFT TECHNICIAN (CAT) TRAINING PROVIDED BY THE NATIONAL ASSO- CIATION OF ELEVATOR CONTRACTORS (NAEC), OR AN EQUIVALENT PROGRAM AS DETERMINED BY THE COMMISSIONER. 25. "MOVING WALK/SIDEWALK" MEANS A TYPE OF PASSENGER-CARRYING DEVICE ON WHICH PASSENGERS STAND OR WALK, AND IN WHICH THE PASSENGER-CARRYING SURFACE REMAINS PARALLEL TO ITS DIRECTION OF MOTION AND IS UNINTER- RUPTED. S. 7505--B 64 A. 9505--B 26. "OCCUPATIONAL LICENSE" MEANS A LICENSE THAT AUTHORIZES THE HOLDER TO ENGAGE IN ACCESSIBILITY LIFT WORK, OR ELEVATOR AND CONVEYANCE WORK OR ELEVATOR AND CONVEYANCE INSPECTIONS. 27. "PERSON" MEANS ANY NATURAL PERSON. 28. "BUSINESS" MEANS ANY CORPORATION, OR INSTRUMENTALITY OF A CORPO- RATION, SELF-EMPLOYED PERSON, COMPANY, UNINCORPORATED ASSOCIATION, FIRM, PARTNERSHIP, LIMITED LIABILITY COMPANY, CORPORATION, OR ANY OTHER ENTI- TY, OR ANY OWNER OR OPERATOR OF ANY OF THE FOREGOING ENTITIES. 29. "PRIVATE RESIDENCE" MEANS A SEPARATE DWELLING OR A SEPARATE APART- MENT IN A MULTIPLE DWELLING, WHICH IS OCCUPIED BY MEMBERS OF A SINGLE FAMILY UNIT. 30. "REPAIR" MEANS RECONDITIONING OR RENEWAL OF ANY ELEVATOR OR CONVEYANCE OR COMPONENT NECESSARY TO KEEP SUCH EQUIPMENT IN COMPLIANCE WITH APPLICABLE CODE REQUIREMENTS. 31. "ALTERATION" MEANS ANY CHANGE TO ANY CONVEYANCE OR COMPONENT OTHER THAN MAINTENANCE, REPAIR, OR REPLACEMENT, BUT SHALL NOT INCLUDE THE PROFESSIONAL SERVICES OF ENGINEERING OR ARCHITECTURE AS DEFINED IN SECTIONS SEVENTY-TWO HUNDRED ONE AND SEVENTY-THREE HUNDRED ONE OF THE EDUCATION LAW. 32. "DESIGN" MEANS THE ACT OR PROCESS OF PLANNING THE REPAIR, ALTER- ATION, OR CONSTRUCTION OF ANY CONVEYANCE, BUT SHALL NOT INCLUDE THE PROFESSIONAL SERVICES OF ENGINEERING OR ARCHITECTURE AS DEFINED IN SECTIONS SEVENTY-TWO HUNDRED ONE AND SEVENTY-THREE HUNDRED ONE OF THE EDUCATION LAW. 33. "CONSTRUCTION" MEANS THE ACT OR PROCESS OF CONSTRUCTING ANY CONVEYANCE, AND INCLUDES VERTICALLY CONSTRUCTING OR CONNECTING ANY CONVEYANCE OR PART OR SYSTEM THEREOF. 34. "INSPECTION" MEANS A CRITICAL EXAMINATION, OBSERVATION, OR EVALU- ATION OF QUALITY AND CODE COMPLIANCE OF ANY CONVEYANCE. 35. "TESTING" MEANS A PROCESS OR TRIAL OF OPERATION OF ANY CONVEYANCE. 36. "MAINTENANCE" MEANS A PROCESS OF ROUTINE EXAMINATION, LUBRICATION, CLEANING, AND ADJUSTMENT OF ANY CONVEYANCE OR COMPONENTS FOR THE PURPOSE OF ENSURING PERFORMANCE IN ACCORDANCE WITH ANY APPLICABLE CODE REQUIRE- MENTS. 37. "SERVICE OR SERVICING" MEANS A SERVICE CALL OR OTHER UNSCHEDULED VISIT, NOT INCLUDING ROUTINE MAINTENANCE OR A REPAIR, TO TROUBLESHOOT, ADJUST OR REPAIR AN IMPROPERLY FUNCTIONING OR AN OTHERWISE SHUT DOWN CONVEYANCE. 38. "TEMPORARILY DORMANT ELEVATOR, DUMBWAITER, OR ESCALATOR" MEANS AN INSTALLATION TEMPORARILY PLACED OUT OF SERVICE UNDER THE FOLLOWING CIRCUMSTANCES: (A) (I) WHEN SUCH INSTALLATION'S POWER SUPPLY HAS BEEN DISCONNECTED; AND (II) THE CAR IS PARKED AND ANY DOORS ARE CLOSED AND LATCHED; AND (III) A WIRE SEAL IS INSTALLED ON THE MAINLINE DISCONNECT SWITCH BY AN ELEVATOR INSPECTOR; OR (B) AS DETERMINED BY STATE OR LOCAL LAW, CODE, RULE, OR REGULATION. 39. "PERSONNEL AND MATERIAL HOISTS" MEANS RACK AND PINION HOISTS, ALIMAKS, AND MACHINES OF A SIMILAR NATURE USED FOR THE HOISTING OF CONSTRUCTION MATERIAL, EQUIPMENT AND PERSONNEL, OR THE REMOVAL OF DEBRIS, ALL DURING THE CONSTRUCTION, RENOVATION, AND/OR DEMOLITION PHASE OF ANY CONSTRUCTION PROJECT WHETHER AN INSIDE OR OUTSIDE HOIST. 40. "INSTALLATION" MEANS TO PLACE OR FIX ANY CONVEYANCE OR COMPONENT IN POSITION FOR OPERATION. 41. "SUBSIDIARY" MEANS AN ENTITY THAT IS CONTROLLED DIRECTLY, OR INDI- RECTLY THROUGH ONE OR MORE INTERMEDIARIES, BY AN ELEVATOR CONTRACTOR OR ELEVATOR INSPECTION CONTRACTOR OR BY SUCH CONTRACTOR'S PARENT COMPANY. S. 7505--B 65 A. 9505--B 42. "SUCCESSOR" MEANS AN ENTITY ENGAGED IN WORK SUBSTANTIALLY SIMILAR TO THAT OF THE PREDECESSOR, WHERE THERE IS SUBSTANTIAL CONTINUITY OF OPERATION WITH THAT OF THE PREDECESSOR. 43. "BOARD" MEANS THE NEW YORK STATE ELEVATOR SAFETY AND STANDARDS ADVISORY BOARD ESTABLISHED BY SECTION NINE HUNDRED FIFTY-SIX OF THIS ARTICLE. § 952. LICENSING AND COMPLIANCE REQUIREMENTS. 1. EXCEPT AS OTHERWISE PROVIDED FOR IN SUBDIVISIONS THREE, FOUR, AND FIVE OF SECTION NINE HUNDRED FIFTY OF THIS ARTICLE, IT SHALL BE UNLAWFUL FOR ANY BUSINESS OR PERSON: (A) TO ENGAGE IN THE BUSINESS OF ELEVATOR AND CONVEYANCE WORK, OR ACCESSIBILITY LIFT WORK, OR HOLD THEMSELVES OUT AS AN ELEVATOR CONTRAC- TOR, OR BOTH, UNLESS SUCH PERSON OR BUSINESS HAS A VALID ELEVATOR CONTRACTOR'S LICENSE; OR (B) TO ENGAGE IN THE BUSINESS OF ELEVATOR AND CONVEYANCE INSPECTIONS, OR HOLD THEMSELVES OUT AS AN ELEVATOR INSPECTION CONTRACTOR, OR BOTH UNLESS SUCH PERSON OR BUSINESS HAS A VALID ELEVATOR INSPECTION CONTRAC- TOR'S LICENSE; OR (C) ANY COMBINATION OF THE ABOVE. 2. EXCEPT AS OTHERWISE PROVIDED FOR IN SUBDIVISIONS THREE, FOUR, AND FIVE OF SECTION NINE HUNDRED FIFTY OF THIS ARTICLE, IT SHALL BE UNLAWFUL FOR ANY PERSON: (A) TO ENGAGE IN ELEVATOR AND CONVEYANCE WORK, OR TO HOLD THEMSELVES OUT AS AN ELEVATOR MECHANIC, OR BOTH, UNLESS SUCH PERSON HAS A VALID ELEVATOR MECHANIC'S LICENSE AND WORKS FOR A LICENSED ELEVATOR CONTRACTOR OR A PUBLIC ENTITY; OR (B) TO ENGAGE IN ACCESSIBILITY LIFT WORK, OR TO HOLD THEMSELVES OUT AS ACCESSIBILITY LIFT TECHNICIANS, OR BOTH, UNLESS SUCH PERSON HAS A VALID ACCESSIBILITY LIFT TECHNICIAN'S LICENSE AND WORKS FOR A LICENSED ELEVA- TOR CONTRACTOR OR A PUBLIC ENTITY; OR (C) TO ENGAGE IN ELEVATOR AND CONVEYANCE INSPECTIONS, OR TO HOLD THEM- SELVES OUT AS AN ELEVATOR INSPECTOR, OR BOTH, UNLESS SUCH PERSON HOLDS AN ELEVATOR INSPECTOR'S LICENSE AND WORKS FOR A LICENSED ELEVATOR INSPECTION CONTRACTOR OR A PUBLIC ENTITY; OR (D) ANY COMBINATION OF THE ABOVE, PROVIDED, HOWEVER, THAT THE INSTAL- LATION OF BRANCH CIRCUITS AND WIRING TERMINATIONS FOR MACHINE ROOM AND PIT LIGHTING, RECEPTACLES AND HVAC AS DESCRIBED IN THE NFPA NATIONAL ELECTRIC CODE 620.23 AND 620.24 AS WELL AS FIRE AND HEAT DETECTORS AND ALARMS, MAY BE PERFORMED BY A LICENSED ELECTRICAL CONTRACTOR. 3. IT SHALL BE THE RESPONSIBILITY OF LICENSEES TO ENSURE THAT ANY ELEVATOR AND CONVEYANCE WORK OR ELEVATOR AND CONVEYANCE INSPECTIONS THAT THEY PERFORM IS IN COMPLIANCE WITH EXISTING STATE AND LOCAL BUILDING AND MAINTENANCE CODES. 4. IT SHALL BE THE RESPONSIBILITY OF HOLDERS OF BUSINESS LICENSES TO ENSURE THAT THE LICENSING REQUIREMENTS OF SUBDIVISIONS ONE AND TWO OF THIS SECTION ARE COMPLIED WITH BY THEIR EMPLOYEES AND BY BUSINESSES THAT THEY CONTRACT WITH, AND TO IMMEDIATELY REPORT TO THE COMMISSIONER ANY FAILURES TO COMPLY WITH THE LICENSING REQUIREMENTS OF SUBDIVISIONS ONE AND TWO OF THIS SECTION BY OTHER BUSINESSES OR PERSONS THAT THEY BECOME AWARE OF. § 953. LICENSE PROCEDURE. ALL APPLICATIONS FOR LICENSES SHALL BE SUBMITTED TO THE DEPARTMENT IN WRITING ON FORMS FURNISHED BY THE COMMIS- SIONER AND SHALL CONTAIN THE INFORMATION SET FORTH IN THIS SECTION AS WELL AS ANY ADDITIONAL INFORMATION THAT THE COMMISSIONER MAY REQUIRE. THE COMMISSIONER SHALL ALSO SET FEES FOR LICENSING UNDER THIS SECTION. UPON APPROVAL OF AN APPLICATION FOR A LICENSE THE COMMISSIONER SHALL S. 7505--B 66 A. 9505--B ISSUE SUCH LICENSE WHICH SHALL BE VALID FOR TWO YEARS. THE FEES FOR SUCH LICENSE AND RENEWAL THEREOF SHALL BE SET BY THE COMMISSIONER. ANY DENIAL FOR SUCH APPLICATION SHALL SET FORTH THE REASONS THEREFOR. 1. APPLICATIONS FOR BUSINESS LICENSES. EVERY APPLICATION FOR A LICENSE UNDER THIS ARTICLE SHALL INCLUDE THE FOLLOWING: (A) THE NAME, RESIDENCE ADDRESS, AND BUSINESS ADDRESS OF THE APPLI- CANT; (B) THE NUMBER OF YEARS THE APPLICANT HAS ENGAGED IN THE BUSINESS OR PRACTICE OF ELEVATOR CONTRACTING; (C) THE APPROXIMATE NUMBER OF PERSONS, IF ANY, TO BE EMPLOYED BY THE APPLICANT; (D) EVIDENCE THAT THE APPLICANT IS OR WILL BE COVERED BY GENERAL LIABILITY, PERSONAL INJURY, AND PROPERTY DAMAGE INSURANCE; AND (E) ANY OTHER INFORMATION WHICH THE COMMISSIONER MAY REQUIRE. 2. APPLICATION FOR OCCUPATIONAL LICENSES. EVERY APPLICATION FOR A LICENSE UNDER THIS ARTICLE SHALL INCLUDE THE FOLLOWING: (A) THE NAME AND RESIDENTIAL ADDRESS OF THE APPLICANT; (B) THE RELEVANT EXPERIENCE OF THE APPLICANT, INCLUDING YEARS, OR HOURS, OR BOTH, OF EXPERIENCE IN PERFORMING ELEVATOR AND CONVEYANCE WORK, OR ELEVATOR INSPECTION WORK, OR BOTH AND THE NATURE OF SUCH EXPE- RIENCE, AND THE NAMES OF THE ELEVATOR CONTRACTORS OR ELEVATOR INSPECTION CONTRACTORS THAT THE APPLICANT HAS WORKED FOR, INCLUDING THE LICENSE NUMBERS OF SUCH CONTRACTORS; (C) ANY TRAINING COMPLETED BY THE APPLICANT, INCLUDING CERTIFICATES OF COMPLETION; (D) ANY CONTINUING EDUCATION COMPLETED BY THE APPLICANT, INCLUDING CERTIFICATES OF COMPLETION; (E) THE NAME AND LICENSE NUMBER, IF KNOWN, OF THE ELEVATOR CONTRACTOR OR ELEVATOR INSPECTION CONTRACTOR THAT THE APPLICANT WORKS FOR OR SEEKS TO WORK FOR; AND (F) ANY OTHER INFORMATION WHICH THE COMMISSIONER MAY REQUIRE. 3. THE DEPARTMENT SHALL MAINTAIN AND PUBLISH A REGISTRY OF ALL LICENSES ISSUED PURSUANT TO THIS SECTION AND SHALL MAKE THE REGISTRY AVAILABLE ON ITS WEBSITE. § 954. QUALIFICATIONS, TRAINING, AND CONTINUING EDUCATION. 1. NO LICENSE OR APPLICATION FOR RENEWAL SHALL BE GRANTED TO ANY BUSINESS OR PERSON WHO HAS NOT PAID THE REQUIRED APPLICATION FEE AND DEMONSTRATED HIS OR HER QUALIFICATIONS AND ABILITIES, TRAINING, AND ANY APPLICABLE CONTINUING EDUCATION, BY OBTAINING AND MAINTAINING IN GOOD STANDING THE INDUSTRY CERTIFICATIONS AND CONTINUING EDUCATION IDENTIFIED OR REQUIRED IN THIS SECTION. (A) APPLICANTS FOR AN ELEVATOR MECHANIC'S LICENSE MUST POSSESS A CURRENT INDUSTRY CERTIFICATION ISSUED BY THE NATIONAL ASSOCIATION OF ELEVATOR CONTRACTORS (NAEC) AS A CERTIFIED ELEVATOR TECHNICIAN (CET), OR EQUIVALENT CERTIFICATION RECOGNIZED BY THE COMMISSIONER. (B) APPLICANTS FOR AN ACCESSIBILITY LIFT TECHNICIAN LICENSE MUST POSSESS A CURRENT INDUSTRY CERTIFICATION ISSUED BY THE NATIONAL ASSOCI- ATION OF ELEVATOR CONTRACTORS (NAEC) AS A CERTIFIED ACCESSIBILITY AND PRIVATE RESIDENCE LIFT TECHNICIAN (CAT) PROGRAM OR AN EQUIVALENT CERTIF- ICATION RECOGNIZED BY THE COMMISSIONER. (C) APPLICANTS FOR AN ELEVATOR INSPECTOR'S LICENSE MUST POSSESS A CURRENT INDUSTRY CERTIFICATION ISSUED BY THE QUALIFIED ELEVATOR INSPEC- TOR TRAINING FUND (QEITF) OR BY THE NATIONAL ASSOCIATION OF ELEVATOR SAFETY AUTHORITIES (NAESA) AS A QUALIFIED ELEVATOR INSPECTOR (QEI) OR AN EQUIVALENT LICENSE RECOGNIZED BY THE COMMISSIONER. S. 7505--B 67 A. 9505--B 2. APPLICANTS FOR AN ELEVATOR CONTRACTOR'S LICENSE MUST DEMONSTRATE TO THE COMMISSIONER THAT SUCH ELEVATOR CONTRACTOR EMPLOYS LICENSED ELEVATOR MECHANICS WHO PERFORM ELEVATOR AND CONVEYANCE WORK AND HAVE PROOF OF COMPLIANCE WITH THE INSURANCE REQUIREMENTS OF THIS ARTICLE. 3. APPLICANTS FOR AN ELEVATOR INSPECTION CONTRACTOR'S LICENSE MUST DEMONSTRATE TO THE SATISFACTION OF THE COMMISSIONER THAT SUCH APPLICANT IS A CERTIFIED ELEVATOR INSPECTOR, OR EMPLOYS CERTIFIED ELEVATOR INSPEC- TORS, OR BOTH, TO PERFORM ELEVATOR AND CONVEYANCE INSPECTIONS AND HAVE PROOF OF COMPLIANCE WITH THE INSURANCE REQUIREMENTS OF THIS ARTICLE. 4. ALTERNATIVE QUALIFICATIONS. APPLICANTS FOR AN ELEVATOR MECHANIC'S LICENSE OR ACCESSIBILITY LIFT TECHNICIAN'S LICENSE WHO DO NOT POSSESS THE INDUSTRY CERTIFICATIONS IDENTIFIED ABOVE MAY DEMONSTRATE THEIR QUAL- IFICATIONS AND ABILITIES, TRAINING, AND CONTINUING EDUCATION BY PROVID- ING ACCEPTABLE PROOF OF: (A) A CERTIFICATE OF SUCCESSFUL COMPLETION AND SUCCESSFULLY PASSING THE MECHANIC EXAMINATION OF A NATIONALLY RECOGNIZED TRAINING PROGRAM FOR THE ELEVATOR INDUSTRY INCLUDING, BUT NOT LIMITED TO, THE NATIONAL ELEVA- TOR INDUSTRY EDUCATIONAL PROGRAM OR ITS EQUIVALENT, SUPPLEMENTED WITH CONTINUING EDUCATION AS MAY BE REQUIRED BY THIS SECTION; OR (B) A CERTIFICATE OF SUCCESSFUL COMPLETION OF THE STATE REGISTERED APPRENTICESHIP PROGRAMS FOR THE APPRENTICEABLE TRADES OF ELEVATOR SERVI- CER REPAIRER, INCLUDING THE JOINT APPRENTICE AND TRAINING COMMITTEE OF THE ELEVATOR INDUSTRY OF LOCAL 3, IBEW, EE DIVISION TRAINING PROGRAM, OR EQUIVALENT REGISTERED APPRENTICESHIP PROGRAM FOR ELEVATOR MECHANICS, HAVING STANDARDS SUBSTANTIALLY EQUIVALENT TO THOSE PROGRAMS AND REGIS- TERED WITH THE BUREAU OF APPRENTICESHIP AND TRAINING, U.S. DEPARTMENT OF LABOR OR A STATE APPRENTICESHIP COUNCIL, SUPPLEMENTED WITH CONTINUING EDUCATION AS MAY BE REQUIRED BY THIS SECTION; OR (C) WORK ON ELEVATOR CONSTRUCTION, MAINTENANCE OR REPAIR WITH DIRECT AND IMMEDIATE SUPERVISION IN THIS STATE FOR A PERIOD OF NOT LESS THAN FOUR YEARS IMMEDIATELY PRIOR TO THE EFFECTIVE DATE OF THIS ARTICLE SUPPLEMENTED WITH CONTINUING EDUCATION AND TESTING AS MAY BE REQUIRED BY THIS SECTION; OR (D) SUCCESSFUL COMPLETION OF AN EXAMINATION ESTABLISHED BY THE NEW YORK STATE CIVIL SERVICE COMMISSION OR A MUNICIPAL CIVIL SERVICE COMMIS- SION HAVING JURISDICTION AS DEFINED BY SUBDIVISION FOUR OF SECTION TWO OF THE CIVIL SERVICE LAW, SUBSEQUENT APPOINTMENT TO A POSITION RELATED TO WORK ON ELEVATOR CONSTRUCTION, MAINTENANCE, MECHANICS, INSPECTION, OR REPAIR AS MAY BE PROPERLY CLASSIFIED BY THE COMMISSIONER OF CIVIL SERVICE OR A MUNICIPAL CIVIL SERVICE COMMISSION HAVING JURISDICTION, AND WORK ON ELEVATOR CONSTRUCTION, MAINTENANCE, MECHANICS, INSPECTION, OR REPAIR, WITH DIRECT AND IMMEDIATE SUPERVISION IN THIS STATE FOR A PERIOD OF NOT LESS THAN FOUR YEARS IMMEDIATELY PRIOR TO THE EFFECTIVE DATE OF THIS ARTICLE SUPPLEMENTED WITH CONTINUING EDUCATION AS MAY BE REQUIRED BY THIS SECTION. 5. CONTINUING EDUCATION. THE RENEWAL OF ALL LICENSES GRANTED UNDER THE PROVISIONS OF SUBDIVISION FOUR OF THIS SECTION SHALL BE CONDITIONED UPON ACCEPTABLE PROOF OF COMPLETION OF A COURSE DESIGNED TO ENSURE THE CONTINUING EDUCATION OF LICENSEES ON NEW AND EXISTING NATIONAL, STATE, AND LOCAL CONVEYANCES CODES AND STANDARDS AND ON TECHNOLOGY AND TECHNI- CAL EDUCATION AND WORKPLACE SAFETY, PROVIDED THE APPLICANT WAS NOTIFIED OF THE AVAILABILITY OF SUCH COURSES WHEN THE LICENSE WAS PREVIOUSLY GRANTED OR RENEWED. SUCH COURSE SHALL CONSIST OF NOT LESS THAN EIGHT CONTACT HOURS (.8 CEU) ANNUALLY AND COMPLETED PRECEDING ANY SUCH LICENSE RENEWAL. THE COMMISSIONER SHALL ESTABLISH REQUIREMENTS FOR CONTINUING EDUCATION AND TRAINING PROGRAMS, AND SHALL APPROVE SUCH PROGRAMS AND S. 7505--B 68 A. 9505--B PROVIDERS, AS WELL AS MAINTAIN A LIST OF APPROVED PROGRAMS WHICH SHALL BE MADE AVAILABLE TO LICENSE APPLICANTS, PERMIT APPLICANTS, RENEWAL APPLICANTS AND OTHER INTERESTED PARTIES UPON REQUEST. THE COMMISSIONER MAY PROMULGATE RULES AND REGULATIONS SETTING FORTH THE CRITERIA FOR APPROVAL OF SUCH PROGRAMS, THE PROCEDURES TO BE FOLLOWED IN APPLYING FOR SUCH APPROVAL, AND OTHER RULES AND REGULATIONS AS THE COMMISSIONER DEEMS NECESSARY AND PROPER TO EFFECTUATE THE PURPOSES OF THIS SECTION. 6. EXAMINATIONS. THE BOARD SHALL DETERMINE, IF AFTER THE SUCCESSFUL COMPLETION OF THE FIRST RENEWAL, IF AN EXAMINATION IS WARRANTED AS A CONDITION OF A SUBSEQUENT RENEWAL PROVIDED THE APPLICANT WAS NOTIFIED OF THE AVAILABILITY OF SUCH EXAMINATION WHEN THE LICENSE WAS PREVIOUSLY GRANTED OR RENEWED. THE BOARD SHALL TAKE INTO CONSIDERATION PREVIOUS YEARS' EXPERIENCE, TRAINING, AND PREVIOUS RELEVANT EXAMINATIONS THAT THE APPLICANT HAS ALREADY COMPLETED. § 955. POWERS OF THE COMMISSIONER. 1. THE COMMISSIONER SHALL HAVE THE AUTHORITY TO INSPECT, OR CAUSE TO BE INSPECTED, ONGOING OR COMPLETED CONVEYANCE PROJECTS AND TO CONDUCT AN INVESTIGATION THEREOF UPON THE COMMISSIONER'S OWN INITIATION OR UPON RECEIPT OF A COMPLAINT BY ANY PERSON OR ENTITY. HOWEVER, NOTHING IN THIS SUBDIVISION SHALL PERMIT THE COMMISSIONER TO ENTER A PRIVATE RESIDENCE. 2. IF, UPON RECEIPT OF A COMPLAINT ALLEGING A VIOLATION OF THIS ARTI- CLE, THE COMMISSIONER REASONABLY BELIEVES THAT SUCH VIOLATION EXISTS, HE OR SHE SHALL INVESTIGATE AS SOON AS PRACTICABLE TO DETERMINE IF SUCH VIOLATION EXISTS. IF THE COMMISSIONER DETERMINES THAT NO VIOLATION OR DANGER EXISTS, THE COMMISSIONER SHALL INFORM THE COMPLAINING PERSON OR ENTITY. IF, UPON INVESTIGATION, THE COMMISSIONER DETERMINES THAT THE ALLEGED VIOLATION EXISTS, THE COMMISSIONER MAY DEEM SUCH VIOLATION TO CREATE A DANGEROUS CONDITION FOR PURPOSES OF SECTION TWO HUNDRED OF THIS CHAPTER ONLY AND MAY ISSUE A NOTICE THEREUNDER PROHIBITING FURTHER WORK. 3. THE COMMISSIONER MAY, AFTER A NOTICE AND HEARING, SUSPEND OR REVOKE A LICENSE ISSUED UNDER THIS ARTICLE BASED ON ANY OF THE FOLLOWING VIOLATIONS: (A) ANY FALSE STATEMENT AS TO A MATERIAL MATTER IN THE APPLICATION; (B) FRAUD, OR MISREPRESENTATION, IN SECURING A LICENSE; (C) FAILURE TO NOTIFY THE COMMISSIONER AND THE OWNER OR LESSEE OF A CONVEYANCE OF ANY CONDITION NOT IN COMPLIANCE WITH THIS ARTICLE; (D) A VIOLATION OF SECTION NINE HUNDRED FIFTY-TWO OF THIS ARTICLE; OR (E) A FINDING BY THE COMMISSIONER THAT A LICENSE HOLDER HAS VIOLATED THIS ARTICLE OR ANY RULE OR REGULATION PROMULGATED THEREUNDER TWICE WITHIN A PERIOD OF THREE YEARS, OR THAT A LICENSE HOLDER HAS VIOLATED A PROVISION OF THIS ARTICLE AND SUCH VIOLATION RESULTED IN A SERIOUS THREAT TO THE HEALTH OR SAFETY OF AN INDIVIDUAL OR INDIVIDUALS. THE COMMISSIONER MAY, IN ADDITION TO ORDERING THAT SUCH LICENSE BE REVOKED, BAR SUCH LICENSE HOLDER FROM BEING ELIGIBLE TO REAPPLY FOR SUCH LICENSE, OR ANY OTHER LICENSE UNDER THIS ARTICLE, FOR A PERIOD NOT TO EXCEED TWO YEARS. 4. (A) EXCEPT AS PROVIDED IN PARAGRAPH (B) OF THIS SUBDIVISION, IF THE COMMISSIONER FINDS, AFTER NOTICE AND HEARING, THAT AN INDIVIDUAL HAS VIOLATED ANY PROVISION OF THIS ARTICLE, HE OR SHE MAY IMPOSE A CIVIL PENALTY NOT TO EXCEED ONE THOUSAND DOLLARS FOR EACH SUCH VIOLATION. UPON A SECOND OR SUBSEQUENT VIOLATION WITHIN THREE YEARS OF THE DETERMINATION OF A PRIOR VIOLATION, THE COMMISSIONER MAY IMPOSE A CIVIL PENALTY NOT TO EXCEED TWO THOUSAND DOLLARS. (B) THE PENALTY PROVIDED FOR IN PARAGRAPH (A) OF THIS SUBDIVISION MAY BE INCREASED TO AN AMOUNT NOT TO EXCEED FIVE THOUSAND DOLLARS IF THE VIOLATION RESULTED IN A SERIOUS THREAT TO THE HEALTH OR SAFETY OF AN S. 7505--B 69 A. 9505--B INDIVIDUAL OR INDIVIDUALS PROVIDED, HOWEVER, THAT SUCH PENALTY MAY BE INCREASED TO AN AMOUNT NOT TO EXCEED TWENTY-FIVE THOUSAND DOLLARS IF THE VIOLATION RESULTED IN THE DEATH OF ANY INDIVIDUAL OR INDIVIDUALS. 5. THE COMMISSIONER MAY BRING AN ACTION IN A COURT OF COMPETENT JURIS- DICTION TO ENJOIN ANY CONDUCT THAT VIOLATES THE PROVISIONS OF THIS ARTI- CLE. 6. THE BOARD SHALL EXAMINE THE VARIOUS STATE AND LOCAL REQUIREMENTS AND INDUSTRY STANDARDS AND PRACTICES WITH RESPECT TO ELEVATOR INSPECTIONS IN THIS STATE AND SHALL PROVIDE RECOMMENDATIONS TO THE COMMISSIONER FOR COORDINATING EXISTING STATE, LOCAL, AND PRIVATE INSPECTIONS TO ENSURE THAT ELEVATORS ARE BEING INSPECTED BY LICENSED INSPECTORS. 7. THE COMMISSIONER MAY PROMULGATE RULES AND REGULATIONS NECESSARY TO CARRY OUT AND EFFECTUATE THE PROVISIONS OF THIS ARTICLE. § 956. NEW YORK STATE ELEVATOR SAFETY AND STANDARDS ADVISORY BOARD. 1. AN ELEVATOR SAFETY AND STANDARDS ADVISORY BOARD IS HEREBY CREATED, TO CONSIST OF THIRTEEN MEMBERS. THE GOVERNOR SHALL APPOINT SEVEN MEMBERS, THE TEMPORARY PRESIDENT OF THE SENATE SHALL APPOINT THREE MEMBERS, AND THE SPEAKER OF THE ASSEMBLY SHALL APPOINT THREE MEMBERS. THE APPOINTEES TO THE BOARD SHALL BE REPRESENTATIVES OF ELEVATOR MANUFACTURERS, BUILD- ING OWNERS OR MANAGERS, ELEVATOR INDUSTRY CONSTRUCTION WORKERS, ELEVATOR SERVICING COMPANIES, ELEVATOR INDUSTRY ASSOCIATIONS, ELEVATOR MECHANICS, OR FIRE MARSHALS. THE BOARD SHALL MEET ON AN AS NEEDED BASIS TO ADVISE THE COMMISSIONER ON THE IMPLEMENTATION OF THIS ARTICLE. THE BOARD SHALL ELECT A CHAIRPERSON TO SERVE FOR THE TERM OF THEIR APPOINTMENT TO THE BOARD. 2. THE MEMBERS APPOINTED PURSUANT TO THIS SECTION SHALL SERVE AT THE PLEASURE OF THE AUTHORITY APPOINTING SUCH MEMBER. THE MEMBERS SHALL SERVE WITHOUT SALARY OR COMPENSATION, BUT SHALL BE REIMBURSED FOR NECES- SARY EXPENSES INCURRED IN THE PERFORMANCE OF THEIR DUTIES. 3. THE BOARD MAY CONSULT WITH ENGINEERING AUTHORITIES AND ORGANIZA- TIONS CONCERNED WITH STANDARD SAFETY CODES, RULES AND REGULATIONS GOVERNING THE MAINTENANCE, SERVICING, CONSTRUCTION, ALTERATION, INSTAL- LATION, AND INSPECTION OF CONVEYANCES AND THE ADEQUATE, REASONABLE, AND NECESSARY QUALIFICATIONS OF ELEVATOR MECHANICS, CONTRACTORS, AND INSPEC- TORS. 4. THE BOARD SHALL HAVE THE AUTHORITY TO ADMINISTER, OVERSEE, AND APPROVE EXAMINATIONS FOR THE PURPOSE OF QUALIFYING APPLICANTS PURSUANT TO SUBDIVISION SIX OF SECTION NINE HUNDRED FIFTY-FOUR OF THIS ARTICLE. IN EXERCISING THIS AUTHORITY, THE BOARD SHALL, IN ITS DISCRETION, DETER- MINE THE CRITERIA AND STANDARDS FOR EXAMINATIONS TO SATISFY THE REQUIRE- MENTS OF THIS SUBDIVISION, SUCH AS THE MECHANIC EXAMINATION OF THE NATIONAL ELEVATOR INDUSTRY EDUCATIONAL PROGRAM, OR AN EQUIVALENT EXAM- INATION RECOGNIZED BY THE BOARD, WHICH SHALL SATISFY THE REQUIREMENTS OF THIS SUBDIVISION. § 957. EXEMPT PERSONS. 1. THIS ARTICLE SHALL NOT BE CONSTRUED TO APPLY TO THE PRACTICE, CONDUCT, ACTIVITIES, OR SERVICES BY A PERSON LICENSED TO PRACTICE ARCHITECTURE WITHIN THIS STATE PURSUANT TO ARTICLE ONE HUNDRED FORTY-SEVEN OF THE EDUCATION LAW OR ENGINEERING WITHIN THIS STATE PURSUANT TO ARTICLE ONE HUNDRED FORTY-FIVE OF THE EDUCATION LAW. 2. THIS ARTICLE SHALL NOT BE CONSTRUED TO APPLY TO THE OUTFITTING, REMOVAL, REFINISHING, OR REPLACEMENT OF INTERIOR FINISHES OF ELEVATORS, INCLUDING WALL PANELS, DROP CEILINGS, HANDRAILS AND FLOORING, REMOVAL OR REPLACEMENT OF INTERIOR LIGHTING, RECLADDING OF DOORS, TRANSOMS AND FRONT RETURN PANELS, FINISHING OR ORNAMENTAL WORK ON ELEVATOR CAR OPER- ATING PANELS. S. 7505--B 70 A. 9505--B 3. THIS ARTICLE SHALL NOT BE CONSTRUED TO APPLY TO THE OPERATION OF AN ELEVATOR BY ANY PERSON EMPLOYED AS AN OPERATOR OF SUCH ELEVATOR, INCLUD- ING ELEVATORS OPERATING UNDER A TEMPORARY CERTIFICATE OF OCCUPANCY AS ISSUED BY THE APPROPRIATE ISSUING AGENCY. § 2. Subdivision 3 of section 97-ssss of the state finance law, as added by section 2 of part A of a chapter of the laws of 2019, amending the labor law and the state finance law relating to requiring the licensing of persons engaged in the design, construction, inspection, maintenance, alteration, and repair of elevators and other automated people moving devices, as proposed in legislative bills numbers S. 4080-C and A. 4509-A, is amended to read as follows: 3. Moneys of the fund shall be available to the commissioner of labor for purposes of offsetting the costs incurred by the commissioner of labor for the administration of article thirty-three of the labor law, including the administration of elevator and related conveyances safety programs, the administration of licenses [and permits], and the adminis- tration of [certificates of operation] LICENSES as set forth in such article thirty-three. § 3. The undesignated paragraph subtitled "elevator agency helper" of section 28-401.3 of the administrative code of the city of New York, as added by section 1 of part B of a chapter of the laws of 2019, amending the administrative code of the city of New York relating to the licens- ing of approved elevator agency directors, inspectors, and technicians performing elevator work in the city of New York, as proposed in legis- lative bills numbers S. 4080-C and A. 4509-A, is amended to read as follows: ELEVATOR AGENCY HELPER. An individual having required qualifications to perform elevator work, as defined in this chapter, under the direct and continuing supervision of an elevator agency director[, and in the presence of a licensed elevator agency technician]. § 4. The undesignated paragraph subtitled "elevator work" of section 28-401.3 of the administrative code of the city of New York, as added by section 1 of part B of a chapter of the laws of 2019, amending the administrative code of the city of New York relating to the licensing of approved elevator agency directors, inspectors, and technicians perform- ing elevator work in the city of New York, as proposed in legislative bills numbers S. 4080-C and A. 4509-A, is amended to read as follows: ELEVATOR WORK. Alteration, assembly, installation, maintenance, repair, replacement and modernization work, as defined by ASME A17.1 as modified by appendix K of the New York city building code, performed on conveyances regulated by this code or other applicable laws or rules. Elevator work does not include material hoists, platform lifts, stair chair lifts, or personnel hoists. OUTFITTING, REMOVAL, REFINISHING, OR REPLACEMENT OF INTERIOR FINISHES, INCLUDING WALL PANELS, DROP CEILINGS, HANDRAILS AND FLOORING, REMOVAL OR REPLACEMENT OF INTERIOR LIGHTING, RECLADDING OF DOORS, TRANSOMS AND FRONT RETURN PANELS, FINISHING OR ORNAMENTAL WORK ON ELEVATOR CAR OPERATING PANELS SHALL NOT BE CONSIDERED ELEVATOR WORK. OPERATION OF AN ELEVATOR BY ANY PERSON EMPLOYED AS AN OPERATOR OF SUCH ELEVATOR, INCLUDING OPERATION OF AN ELEVATOR OPERATING UNDER A TEMPORARY CERTIFICATE OF OCCUPANCY AS ISSUED BY THE DEPARTMENT OF BUILDINGS OR SUCH OTHER ISSUING AGENCY SHALL NOT BE CONSIDERED ELEVA- TOR WORK. § 5. Section 28-425.3 of the administrative code of the city of New York, as added by section 3 of part B of a chapter of the laws of 2019, amending the administrative code of the city of New York relating to the licensing of approved elevator agency directors, inspectors, and techni- S. 7505--B 71 A. 9505--B cians performing elevator work in the city of New York, as proposed in legislative bills numbers S. 4080-C and A. 4509-A, is REPEALED and a new section 28-425.3 is added to read as follows: § 28-425.3 QUALIFICATIONS. THE AGENCY MAY, BY RULE, ESTABLISH QUALI- FICATIONS FOR ELEVATOR AGENCY TECHNICIANS, INCLUDING, BUT NOT LIMITED TO, ACCEPTABLE PROOF THAT AN APPLICANT HAS WORKED ON ELEVATOR CONSTRUCTION, MAINTENANCE OR REPAIR WITH DIRECT AND IMMEDIATE SUPER- VISION IN THIS STATE FOR A SPECIFIED PERIOD OF TIME PRIOR TO THE EFFEC- TIVE DATE OF THIS ARTICLE; PROVIDED, HOWEVER, THAT THE PROVISIONS OF THIS SECTION AND ANY RULES ADOPTED PURSUANT THERETO SHALL NOT BE INCON- SISTENT WITH THE REQUIREMENTS FOR ELEVATOR MECHANICS CONTAINED IN ARTI- CLE THIRTY-THREE OF THE LABOR LAW AND NOTHING HEREIN SHALL PREVENT THE ENACTMENT BY LOCAL LAW, ORDINANCE, OR RULE OF ADDITIONAL REQUIREMENTS. § 6. The administrative code of the city of New York is amended by adding a new section 28-425.4 to read as follows: § 28-425.4 EXEMPTIONS. NO ELEVATOR AGENCY TECHNICIAN LICENSE SHALL BE REQUIRED FOR THE OUTFITTING, REMOVAL, REFINISHING, OR REPLACEMENT OF INTERIOR FINISHES, INCLUDING WALL PANELS, DROP CEILINGS, HANDRAILS AND FLOORING, REMOVAL OR REPLACEMENT OF INTERIOR LIGHTING, RECLADDING OF DOORS, TRANSOMS AND FRONT RETURN PANELS, FINISHING OR ORNAMENTAL WORK ON CAR OPERATING PANELS. § 7. Section 28-427.6 of the administrative code of the city of New York, as added by section 3 of part B of a chapter of the laws of 2019, amending the administrative code of the city of New York relating to the licensing of approved elevator agency directors, inspectors, and techni- cians performing elevator work in the city of New York, as proposed in legislative bills numbers S. 4080-C and A. 4509-A, is REPEALED. § 8. Section 5 of part B of a chapter of the laws of 2019, amending the administrative code of the city of New York relating to the licens- ing of approved elevator agency directors, inspectors, and technicians performing elevator work in the city of New York, as proposed in legis- lative bills numbers S. 4080-C and A. 4509-A, is amended to read as follows: § 5. This act shall take effect [three] TWO years after it shall have become a law. Effective immediately, any rules and regulations neces- sary for the timely implementation of this act on its effective date shall be promulgated on or before such date. § 9. Section 3 of part A of a chapter of the laws of 2019, amending the labor law and the state finance law relating to requiring the licensing of persons engaged in the design, construction, inspection, maintenance, alteration, and repair of elevators and other automated people moving devices, as proposed in legislative bills numbers S. 4080-C and A. 4509-A, is amended to read as follows: § 3. This act shall take effect [on the one hundred eightieth day] TWO YEARS after it shall have become a law, provided, however, that effec- tive immediately, the addition, amendment and/or repeal of any rules or regulations necessary for the implementation of this act on its effec- tive date, and the appointment of the New York state elevator safety and standards board, are authorized and directed to be established, made and completed on or before such effective date. § 10. This act shall take effect immediately; provided, however that sections one and two of this act shall take effect on the same date and in the same manner as part A of a chapter of the laws of 2019, amending the labor law and the state finance law relating to requiring the licensing of persons engaged in the design, construction, inspection, maintenance, alteration, and repair of elevators and other automated S. 7505--B 72 A. 9505--B people moving devices, as proposed in legislative bills numbers S. 4080-C and A. 4509-A, takes effect; and sections three through seven of this act shall take effect on the same date and in the same manner as part B of a chapter of the laws of 2019, amending the administrative code of the city of New York relating to the licensing of approved elevator agency directors, inspectors, and technicians performing eleva- tor work in the city of New York, as proposed in legislative bills numbers S. 4080-C and A. 4509-A, takes effect. SUBPART P Section 1. Subparagraphs (i) and (ii) of paragraph a of subdivision 1 of section 205-cc of the general municipal law, subparagraph (i) as added by chapter 334 of the laws of 2017 and subparagraph (ii) as amended by a chapter of the laws of 2019 amending the general municipal law relating to proof of eligibility for volunteer firefighter enhanced cancer disability benefits, as proposed in legislative bills numbers S. 4173-A and A. 5957-A, are amended to read as follows: (i) A volunteer firefighter having five or more years of faithful and actual service in the protection of life and property from fire in the interior of buildings [and] SUBSEQUENT TO having successfully passed a physical examination [on entry to the firefighter service,] which [exam- ination] failed to reveal any evidence of cancers as defined in para- graph b of this subdivision; and (ii) Having submitted proof of five years of interior firefighting service by providing verification that he or she has passed at least five yearly certified mask fitting tests as set forth in 29 CFR 1910.134 or the applicable National Fire Protection Association standards for mask fit testing OR, FOR FIREFIGHTERS WHO ENTERED THE FIRE SERVICE PRIOR TO JANUARY FIRST, TWO THOUSAND TWENTY, DOCUMENTATION IDENTIFIED BY THE OFFICE OF FIRE PREVENTION AND CONTROL IN RULES AND REGULATIONS PROMUL- GATED PURSUANT TO SUBDIVISION SEVEN OF THIS SECTION WHICH SHALL INCLUDE, BUT NOT BE LIMITED TO, TRAINING OR CERTIFICATION RECORDS, HEALTH CARE PROVIDER RECORDS, INTERNAL FIRE DEPARTMENT RECORDS, OR ANY COMBINATION OF OFFICIAL DOCUMENTS CAPABLE OF EVIDENCING THAT THE FIREFIGHTER MEETS THE REQUIREMENTS OF THIS SECTION. § 2. Subdivision 7 of section 205-cc of the general municipal law, as added by chapter 334 of the laws of 2017, is amended to read as follows: 7. The office of fire prevention and control, in consultation with the department of financial services and the workers' compensation board, shall adopt such rules and regulations as are reasonable and necessary to implement the provisions of this section. Such regulations shall include ESTABLISHING ACCEPTABLE DOCUMENTATION FOR PROOF OF ELIGIBILITY, the process by which a firefighter files a claim for the enhanced cancer disability benefit, how the beneficiary of such eligible volunteer fire- fighter files a claim for the enhanced cancer death benefit, the process by which claimants can appeal a denial of benefits and what proof is deemed acceptable to qualify for such benefits. § 3. Subdivision 8 of section 205-cc of the general municipal law, as added by a chapter of the laws of 2019 amending the general municipal law relating to proof of eligibility for volunteer firefighter enhanced cancer disability benefits, as proposed in legislative bills numbers S. 4173-A and A. 5957-A, is REPEALED. § 4. This act shall take effect on the same date and in the same manner as a chapter of the laws of 2019 amending the general municipal law relating to proof of eligibility for volunteer firefighter enhanced S. 7505--B 73 A. 9505--B cancer disability benefits, as proposed in legislative bills numbers S. 4173-A and A. 5957-A, takes effect. SUBPART Q Section 1. Subsection (k) of section 7902 of the insurance law, as amended by a chapter of the laws of 2019, amending the insurance law relating to expanding the availability of meaningful service contracts to protect New Yorkers leasing automobiles for their personal use from unanticipated "lease-end" charges related to excess use or wear and tear of the leased vehicle, as proposed in legislative bills numbers S. 3631 and A. 268, is amended to read as follows: (k) "Service contract" means a contract or agreement, for a separate or additional consideration, for a specific duration to perform the repair, replacement or maintenance of property, or indemnification for repair, replacement or maintenance, due to a defect in materials or workmanship or wear and tear, with or without additional provision for indemnity payments for incidental damages, provided any such indemnity payment per incident shall not exceed the purchase price of the property serviced. Service contracts may include towing, rental and emergency road service, and may also provide for the repair, replacement or main- tenance of property for damage resulting from power surges and acci- dental damage from handling. Service contracts may also include contracts to repair, replace or maintain residential appliances and systems. Such term shall also mean a contract or agreement made (1) by or for the manufacturer or seller of a motor vehicle tire for repair or replacement of the tire or wheel as the result of damage arising from a road hazard, (2) by or for the supplier or seller of a service for repair of chips or cracks in a motor vehicle windshield, but not includ- ing services that involve the replacement of the entire windshield, and (3) by or for the supplier or seller of a service for repair or removal of dents, dings or creases from a motor vehicle without affecting the existing paint finish using paintless dent repair techniques, but not including services that involve the replacement of vehicle body panels, or sanding, bonding or painting. In conjunction with a motor vehicle leased for personal use, such term shall also mean a contract to perform the repair, replacement or maintenance of property, or to provide indem- nification for repair, replacement or maintenance, due to excess wear and use or damage for [items such as tires, paint cracks or chips,] interior stains, rips or scratches[, exterior dents or scratches, windshield cracks or chips,] OR missing interior [or exterior] parts that result in a lease-end charge not otherwise covered by a service agreement or warranty, provided any such payment shall not exceed the purchase price of the vehicle. § 2. This act shall take effect on the same date and in the same manner as a chapter of the laws of 2019, amending the insurance law relating to expanding the availability of meaningful service contracts to protect New Yorkers leasing automobiles for their personal use from unanticipated "lease-end" charges related to excess use or wear and tear of the leased vehicle, as proposed in legislative bills numbers S. 3631 and A. 268, takes effect. SUBPART R Section 1. Sections 770, 771, 772 and 773 of the labor law, as added by a chapter of the laws of 2019, amending the labor law relating to S. 7505--B 74 A. 9505--B enacting the "New York call center jobs act", as proposed in legislative bills numbers S. 1826-C and A. 567-C, are amended to read as follows: § 770. Definitions. As used in this article: 1. The term "call center" means a facility or other operation whereby employees receive phone calls or other electronic communication for the purpose of providing customer assistance [or other service]. 2. (a) The term "call center employer" means any business entity that employs fifty or more employees, excluding part-time employees; or fifty or more employees that in the aggregate work at least fifteen hundred hours per week, excluding overtime hours, for the purpose of staffing a call center. (b) The term "part-time employee" means an employee who is employed for an average of fewer than twenty hours per week or who has been employed for fewer than six of the twelve months preceding the date on which notice is required under this article. (C) THE TERM "TAX CREDIT" MEANS ANY OF THE FOLLOWING TAX CREDITS ALLOWED UNDER THE TAX LAW: RECOVERY TAX CREDIT, TAX-FREE NEW YORK AREA TAX ELIMINATION CREDIT, MINIMUM WAGE REIMBURSEMENT CREDIT, EMPIRE STATE JOBS RETENTION PROGRAM CREDIT, ECONOMIC TRANSFORMATION AND FACILITY REDEVELOPMENT PROGRAM TAX CREDIT, EXCELSIOR JOBS PROGRAM CREDIT, EMPLOY- EE TRAINING INCENTIVE PROGRAM TAX CREDIT, EMPIRE STATE APPRENTICESHIP PROGRAM TAX CREDIT, AND EMPLOYMENT INCENTIVE TAX CREDIT. § 771. List of relocated call centers. 1. A call center employer that intends to relocate a call center OR MORE THAN THIRTY PERCENT OF A CALL CENTER'S EMPLOYEES MEASURED AS THE EMPLOYMENT LEVEL OF THE PREVIOUS CALENDAR MONTH COMPARED TO THE AVERAGE EMPLOYMENT LEVEL AT SUCH SITE OVER THE PREVIOUS TWELVE MONTHS, from New York state to a foreign coun- try [or any other state, or reduce call volume handled at call centers in New York state by at least thirty percent, measured as the call volume of the previous calendar month compared to the average monthly call volume of the previous twelve months, and intends to relocate such operations from New York state to a foreign country or any other state,] shall notify the commissioner at least [one hundred] NINETY days before such relocation. 2. A call center employer that violates subdivision one of this section shall be subject to a civil penalty not to exceed ten thousand dollars for each day of such violation, except that the commissioner may reduce such amount for just cause shown. 3. The commissioner shall compile an annual list of all call center employers that relocate [or reduce call volume] pursuant to subdivision one of this section, and such list shall be made available to the public and shall prominently display a link to the list on the department's website. THE COMMISSIONER SHALL PROVIDE A COPY OF SUCH LIST TO THE COMMISSIONER OF TAXATION AND FINANCE. [4. The commissioner shall make the list created pursuant to subdivi- sion three of this section, available to the public and shall prominent- ly display a link to the list on the department's website.] § 772. Grants, guaranteed loans and tax benefits. 1. Except as provided in subdivision [three] FOUR of this section and notwithstanding any other provision of law, a call center employer that appears on the list described in section seven hundred seventy-one of this article shall be ineligible TO ENTER INTO ANY AGREEMENTS for any [direct or indirect] state grants[,] OR state guaranteed loans[, tax benefits or other financial governmental support] for a period of five years from the date such list is published. S. 7505--B 75 A. 9505--B 2. Except as provided in subdivision [three] FOUR of this section and notwithstanding any other provision of law, a call center employer that appears on the list described in section seven hundred seventy-one of this article shall remit the unamortized value of any STATE grant or STATE guaranteed loans[, or any tax benefits or other governmental support] it has previously received [in the past five years. The provisions of this subdivision shall apply to grants, loans, tax bene- fits and financial governmental assistance that is entered into on or after the effective date of this article] FOR THE CALL CENTER APPEARING ON THE LIST, IF THE AGREEMENT FOR SUCH GRANTS AND LOANS WAS ENTERED INTO AFTER THE EFFECTIVE DATE OF THIS ARTICLE. Nothing in this subdivision shall be deemed to prevent the call center employer from receiving any grant to provide training or other employment assistance to individuals who are selected as being in particular need of training or other employment assistance due to the transfer or relocation of the call center employer's facility or operating units. 3. EXCEPT AS PROVIDED IN SUBDIVISION FOUR OF THIS SECTION AND NOTWITH- STANDING ANY OTHER PROVISION OF LAW, A CALL CENTER EMPLOYER THAT APPEARS ON THE LIST DESCRIBED IN SECTION SEVEN HUNDRED SEVENTY-ONE OF THIS ARTI- CLE SHALL NOT BE ALLOWED ANY TAX CREDIT DESCRIBED IN SUBDIVISION (C) OF SECTION SEVEN HUNDRED SEVENTY OF THIS ARTICLE FOR THE FIVE TAXABLE YEARS, EXCLUDING SHORT TAXABLE YEARS, IMMEDIATELY SUCCEEDING THE TAXABLE YEAR IN WHICH THE CALL CENTER FIRST APPEARS ON SUCH LIST, IF THE AGREE- MENT FOR SUCH TAX CREDIT WAS ENTERED INTO AFTER THE EFFECTIVE DATE OF THIS ARTICLE. 4. The commissioner, in consultation with the appropriate agency providing a loan [or], grant[,] OR TAX CREDIT may waive the requirement provided under subdivision ONE, two OR THREE of this section if the call center employer demonstrates that such requirement would: (a) threaten state or national security; (b) result in substantial ACTUAL OR POTENTIAL job loss in the state of New York; or (c) harm the environment. IF THE COMMISSIONER WAIVES SUCH REQUIREMENT, SUCH COMMISSIONER SHALL PROMPTLY NOTIFY THE COMMISSIONER OF TAXATION AND FINANCE OF SUCH WAIVER. § 773. Procurement contracts. The head of each state agency shall USE REASONABLE BEST EFFORTS TO ensure that all state-business-related contracts for call center and customer service work be performed by state contractors or other agents or subcontractors entirely within the state of New York. [State contractors who currently perform such work outside the state of New York shall have two years following the effec- tive date of this article to comply with this section; provided, that if any such contractors which perform work outside this state adds customer service employees who will perform work on such contracts, those new employees shall immediately be employed within the state of New York, except that businesses subject to a contract agreed to prior to the effective date of this article with terms extending beyond a date great- er than two years after the effective date of this article shall be subject to the provisions of this subdivision at the next point in which the contract is subject to renewal] PRESENCE ON THE LIST DESCRIBED IN SECTION SEVEN HUNDRED SEVENTY-ONE OF THIS ARTICLE SHALL BE CONSIDERED A NEGATIVE INDICATION OF ABILITY TO MAINTAIN JOBS IN THE STATE AS PART OF ANY VENDOR RESPONSIBILITY ANALYSIS. § 2. This act shall take effect on the same date and in the same manner as a chapter of the laws of 2019, amending the labor law relating S. 7505--B 76 A. 9505--B to enacting the "New York call center jobs act", as proposed in legisla- tive bills numbers S. 1826-C and A. 567-C, takes effect. SUBPART S Section 1. Subdivision 1 of section 2805-i of the public health law, as amended by section 1 of part HH of chapter 57 of the laws of 2018, paragraph (c) as amended by a chapter of the laws of 2019, amending the public health law and the executive law relating to HIV post-exposure prophylaxis and other health care services for sexual assault victims, as proposed in legislative bills numbers S. 2279-A and A. 1204-A, is amended to read as follows: 1. Every hospital providing treatment to alleged victims of a sexual offense shall be responsible for: (a) maintaining sexual offense evidence and the chain of custody as provided in subdivision two of this section; (b) INFORMING SEXUAL OFFENSE VICTIMS OF THE AVAILABILITY OF RAPE CRISIS AND LOCAL VICTIM ASSISTANCE ORGANIZATIONS, IF ANY, IN THE GEOGRAPHIC AREA SERVED BY THE HOSPITAL, AND contacting a rape crisis or LOCAL victim assistance organization[, if any, providing victim assist- ance to the geographic area served by that hospital] to establish the coordination of non-medical services to sexual offense victims who request such coordination and services; (c) offering and making available appropriate HIV post-exposure treat- ment therapies; including a [full regimen] SEVEN DAY STARTER PACK of HIV post-exposure prophylaxis FOR A PERSON EIGHTEEN YEARS OF AGE OR OLDER, OR THE FULL REGIMEN OF HIV POST-EXPOSURE PROPHYLAXIS FOR A PERSON LESS THAN EIGHTEEN YEARS OF AGE, in cases where it has been determined, in accordance with guidelines issued by the commissioner, that a signif- icant exposure to HIV has occurred, AND INFORMING THE VICTIM THAT PAYMENT ASSISTANCE FOR SUCH THERAPIES AND OTHER CRIME RELATED EXPENSES MAY BE AVAILABLE FROM THE OFFICE OF VICTIM SERVICES PURSUANT TO THE PROVISIONS OF ARTICLE TWENTY-TWO OF THE EXECUTIVE LAW. With the consent of the victim of a sexual assault, the hospital emergency room depart- ment shall provide or arrange for an appointment for medical follow-up related to HIV post-exposure prophylaxis and other care as appropriate[, and inform the victim that payment assistance for such care may be available from the office of victim services pursuant to the provisions of article twenty-two of the executive law]; and (d) ensuring sexual assault survivors are not billed for sexual assault forensic exams and are notified orally and in writing of the option to decline to provide private health insurance information and have the office of victim services reimburse the hospital for the exam pursuant to subdivision thirteen of section six hundred thirty-one of the executive law. § 2. Subdivision 1 of section 201 of the public health law is amended by adding a new paragraph (x) to read as follows: (X) PRODUCE AN ANNUAL REPORT ANALYZING THE COSTS RELATED TO THE SEXUAL ASSAULT EXAMINATION DIRECT REIMBURSEMENT PROGRAM AS CREATED UNDER SUBDI- VISION THIRTEEN OF SECTION SIX HUNDRED THIRTY-ONE OF THE EXECUTIVE LAW AND PROVIDE SUCH REPORT TO THE OFFICE OF VICTIM SERVICES ON OR BEFORE SEPTEMBER FIRST OF EACH YEAR. SUCH REPORT SHALL BE PROVIDED TO THE GOVERNOR, TEMPORARY PRESIDENT OF THE SENATE AND THE SPEAKER OF THE ASSEMBLY. § 3. Subdivision 13 of section 631 of the executive law, as amended by a chapter of the laws of 2019, amending the public health law and the S. 7505--B 77 A. 9505--B executive law relating to HIV post-exposure prophylaxis and other health care services for sexual assault victims, as proposed in legislative bills numbers S. 2279-A and A. 1204-A, is amended to read as follows: 13. (A) Notwithstanding any other provision of law, rule, or regu- lation to the contrary, when any New York state accredited hospital, accredited sexual assault examiner program, or licensed health care provider furnishes services to any sexual assault survivor, including but not limited to a health care forensic examination in accordance with the sex offense evidence collection protocol and standards established by the department of health, such hospital, sexual assault examiner program, or licensed healthcare provider shall provide such services to the person without charge and shall bill the office directly. The office, in consultation with the department of health, shall define the specific services to be covered by the sexual assault forensic exam reimbursement fee, which must include at a minimum forensic examiner services, hospital or healthcare facility services related to the exam, and ANY NECESSARY related laboratory tests [and necessary] OR pharmaceu- ticals; including but not limited to HIV post-exposure prophylaxis provided by a hospital emergency room at the time of the forensic rape examination pursuant to paragraph (c) of subdivision one of section twenty-eight hundred five-i of the public health law. [Follow-up] FOR A PERSON EIGHTEEN YEARS OF AGE OR OLDER, FOLLOW-UP HIV post-exposure prophylaxis costs shall CONTINUE TO be [billed by the health care provider to the office directly and] reimbursed [by the] ACCORDING TO ESTABLISHED office [directly] PROCEDURE. The office, in consultation with the department of health, shall also generate the necessary regu- lations and forms for the direct reimbursement procedure. (B) The rate for reimbursement shall be the amount of itemized charges, TO BE REIMBURSED AT THE MEDICAID RATE AND WHICH SHALL CUMULA- TIVELY not [exceeding] EXCEED (1) eight hundred dollars[, provided, however, the office shall, in consultation] FOR AN EXAM OF A SEXUAL ASSAULT SURVIVOR WHERE NO SEXUAL OFFENSE EVIDENCE COLLECTION KIT IS USED; (2) ONE THOUSAND TWO HUNDRED DOLLARS FOR AN EXAM OF A SEXUAL ASSAULT SURVIVOR WHERE A SEXUAL OFFENSE EVIDENCE COLLECTION KIT IS USED; (3) ONE THOUSAND FIVE HUNDRED DOLLARS FOR AN EXAM OF A SEXUAL ASSAULT SURVIVOR WHO IS EIGHTEEN YEARS OF AGE OR OLDER, WITH OR WITHOUT THE USE OF A SEXUAL OFFENSE EVIDENCE COLLECTION KIT, AND WITH THE PROVISION OF A NECESSARY HIV POST-EXPOSURE PROPHYLAXIS SEVEN DAY STARTER PACK; AND (4) TWO THOUSAND FIVE HUNDRED DOLLARS FOR AN EXAM OF A SEXUAL ASSAULT SURVI- VOR WHO IS LESS THAN EIGHTEEN YEARS OF AGE, WITH OR WITHOUT THE USE OF A SEXUAL OFFENSE EVIDENCE COLLECTION KIT, AND WITH THE PROVISION OF THE FULL REGIMEN OF NECESSARY HIV POST-EXPOSURE PROPHYLAXIS [with the department of health, annually review and determine if a higher rate for reimbursement for itemized charges exceeding eight hundred dollars is feasible and appropriate based on the actual cost of reimbursable expenses, and adjust such rate for reimbursement accordingly]. The hospital, sexual assault examiner program, or licensed health care provider must accept this fee as payment in full for these specified services. No additional billing of the survivor for said services is permissible. A sexual assault survivor may voluntarily assign any private insurance benefits to which she or he is entitled for the healthcare forensic examination, in which case the hospital or health- care provider may not charge the office; provided, however, in the event the sexual assault survivor assigns any private health insurance bene- fit, such coverage shall not be subject to annual deductibles or coinsu- rance or balance billing by the hospital, sexual assault examiner S. 7505--B 78 A. 9505--B program or licensed health care provider. A hospital, sexual assault examiner program or licensed health care provider shall, at the time of the initial visit, request assignment of any private health insurance benefits to which the sexual assault survivor is entitled on a form prescribed by the office; provided, however, such sexual assault survi- vor shall be advised orally and in writing that he or she may decline to provide such information regarding private health insurance benefits if he or she believes that the provision of such information would substan- tially interfere with his or her personal privacy or safety and in such event, the sexual assault forensic exam fee shall be paid by the office. Such sexual assault survivor shall also be advised that providing such information may provide additional resources to pay for services to other sexual assault victims. SUCH SEXUAL ASSAULT SURVIVOR SHALL ALSO BE ADVISED THAT THE DIRECT REIMBURSEMENT PROGRAM ESTABLISHED BY THIS SUBDIVISION DOES NOT AUTOMATICALLY MAKE THEM ELIGIBLE FOR ANY OTHER COMPENSATION BENEFITS AVAILABLE FROM THE OFFICE INCLUDING, BUT NOT LIMITED TO, REIMBURSEMENT FOR MENTAL HEALTH COUNSELING EXPENSES, RELO- CATION EXPENSES, AND LOSS OF EARNINGS, AND THAT SUCH COMPENSATION BENE- FITS MAY ONLY BE MADE AVAILABLE TO THEM SHOULD THE SEXUAL ASSAULT SURVI- VOR OR OTHER PERSON ELIGIBLE TO FILE PURSUANT TO SECTION SIX HUNDRED TWENTY-FOUR OF THIS ARTICLE, FILE A COMPENSATION APPLICATION WITH THE OFFICE. If he or she declines to provide such health insurance informa- tion, he or she shall indicate such decision on the form provided by the hospital, sexual assault examiner program or licensed health care provider, which form shall be prescribed by the office. § 4. Section 3 of a chapter of the laws of 2019, amending the public health law and the executive law relating to HIV post-exposure prophy- laxis and other health care services for sexual assault victims, as proposed in legislative bills numbers S. 2279-A and A. 1204-A, is amended to read as follows: § 3. This act shall take effect on the one hundred eightieth day after it shall have become a law AND APPLY TO ALL CLAIMS FILED ON OR AFTER SUCH DATE; provided that effective immediately, the commissioner of health and the director of the office of victim services shall make regulations and take other action necessary to implement this act on such date. § 5. This act shall take effect immediately, provided, however, that sections one, two and three of this act take effect on the same date and in the same manner as a chapter of the laws of 2019, amending the public health law and the executive law relating to HIV post-exposure prophy- laxis and other health care services for sexual assault victims, as proposed in legislative bills numbers S. 2279-A and A. 1204-A, takes effect. SUBPART T Section 1. Section 1 of a chapter of the laws of 2019 amending the tax law and the state finance law relating to gifts for the support of the New York state council on the arts, as proposed in legislative bills numbers S. 3570 and A. 7994, is amended to read as follows: Section 1. [The legislature hereby finds and determines that, due to severe budgetary constraints, the amount of state funds available for the support of the New York state council on the arts has been sharply diminished over the past few years. This decrease in support has had a devastating effect upon many of New York's cultural institutions, as well as many related or dependent businesses and employees. Accordingly, S. 7505--B 79 A. 9505--B the] THE legislature hereby finds and determines that taxpayers of the state of New York should have the opportunity to use the New York state personal income tax form as a mechanism for making voluntary contrib- utions for the support of the New York state council on the arts. It is the intent of the legislature that any funds so contributed shall supplement and not offset or diminish in any way the amount of funds made available to the New York state council on the arts pursuant to annual budget appropriations. § 2. This act shall take effect on the same date and in the same manner as a chapter of the laws of 2019 amending the tax law and the state finance law relating to gifts for the support of the New York state council on the arts, as proposed in legislative bills numbers S. 3570 and A. 7994, takes effect. SUBPART U Section 1. Section 209-M of the tax law, as added by a chapter of the laws of 2019, amending the tax law and the state finance law relating to establishing a gift for home delivered meals for seniors on the business franchise and personal income tax forms and establishing the senior wellness in nutrition fund, as proposed in legislative bills numbers S.5987 and A.4632, is amended to read as follows: § 209-M. Gift for home delivered meals for seniors. Effective for any tax year commencing on or after January first, two thousand nineteen, a taxpayer in any taxable year may elect to contribute to the support of the senior wellness in nutrition fund for the purpose of providing home delivered meals to seniors. Such contribution shall be in any whole dollar amount and shall not reduce the amount of state tax owed by such taxpayer. The commissioner shall include space on the business franchise income tax return, entitled "[Meals on Wheels] HOME DELIVERED MEALS for Seniors", to enable a taxpayer to make such contribution. Notwithstand- ing any other provision of law, all revenues collected pursuant to this section shall be credited to the senior wellness in nutrition fund and shall only be used for those purposes enumerated in section ninety-one-g of the state finance law. § 2. Section 626-a of the tax law, as added by a chapter of the laws of 2019, amending the tax law and the state finance law relating to establishing a gift for home delivered meals for seniors on the business franchise and personal income tax forms and establishing the senior wellness in nutrition fund, as proposed in legislative bills numbers S.5987 and A.4632, is amended to read as follows: § 626-a. Gift for home delivered meals for seniors. Effective for any tax year commencing on or after January first, two thousand nineteen, an individual in any taxable year may elect to contribute to the support of the senior wellness in nutrition fund for the purpose of providing home delivered meals to seniors. Such contribution shall be in any whole dollar amount and shall not reduce the amount of state tax owed by such individual. The commissioner shall include space on the personal income tax return, entitled "[Meals on Wheels] HOME DELIVERED MEALS for Seniors", to enable a taxpayer to make such contribution. Notwithstand- ing any other provision of law, all revenues collected pursuant to this section shall be credited to the senior wellness in nutrition fund and used only for the purposes enumerated in section ninety-one-g of the state finance law. § 3. This act shall take effect on the same date and in the same manner as a chapter of the laws of 2019, amending the tax law and the S. 7505--B 80 A. 9505--B state finance law relating to establishing a gift for home delivered meals for seniors on the business franchise and personal income tax forms and establishing the senior wellness in nutrition fund, as proposed in legislative bills numbers S.5987 and A.4632, takes effect. SUBPART V Section 1. Subdivision 20 of section 470 of the tax law, as amended by a chapter of the laws of 2019, amending the tax law relating to research tobacco products, as proposed in legislative bills numbers S.5300 and A.7351, is amended to read as follows: 20. "Research tobacco product." [Anything that would otherwise be defined as a tobacco product or cigarette shall not be defined as a tobacco product or cigarette if it is made by a manufacturer specif- ically for an accredited college or university, to be held by the college or university until sale or transfer to a laboratory, hospital, medical center, institute, college or university, or other institution] A TOBACCO PRODUCT OR CIGARETTE THAT IS LABELED AS A RESEARCH TOBACCO PRODUCT, MANUFACTURED FOR USE IN RESEARCH for health, scientific, or [other research or] SIMILAR experimental purposes[. A research tobacco product shall carry a marking designating it as such and indicating it shall only be used for health, scientific, or other research or exper- imental purposes and not be], IS EXCLUSIVELY USED FOR SUCH PURPOSES BY AN ACCREDITED COLLEGE, UNIVERSITY OR HOSPITAL, OR A RESEARCHER AFFIL- IATED WITH AN ACCREDITED COLLEGE, UNIVERSITY OR HOSPITAL, AND IS NOT offered for sale[,] OR sold[, or distributed] to consumers [except as part of the health, scientific, or other research or experimental] FOR ANY purpose. § 2. Section 474 of the tax law is amended by adding a new subdivision 5 to read as follows: 5. EVERY ACCREDITED COLLEGE, UNIVERSITY OR HOSPITAL THAT RECEIVES RESEARCH TOBACCO PRODUCTS AS DEFINED IN SUBDIVISION TWENTY OF SECTION FOUR HUNDRED SEVENTY OF THIS ARTICLE SHALL, IN GOOD FAITH, FILE AN ANNU- AL INFORMATION RETURN ON OR BEFORE THE LAST DAY OF JANUARY REPORTING ALL RESEARCH TOBACCO PRODUCTS RECEIVED BY SUCH COLLEGE, UNIVERSITY OR HOSPI- TAL OR ITS AFFILIATED RESEARCHER WITHIN THE PRECEDING CALENDAR YEAR. SUCH RETURN SHALL BE IN THE FORM AND SHALL INCLUDE SUCH INFORMATION AS THE COMMISSIONER PRESCRIBES BY REGULATION. ANY PERSON REQUIRED TO FILE AN INFORMATION RETURN BY THIS SUBDIVISION WHO WILLFULLY FAILS TO TIMELY FILE SUCH RETURN OR WILLFULLY FAILS TO PROVIDE ANY MATERIAL INFORMATION REQUIRED TO BE REPORTED ON SUCH RETURN MAY BE SUBJECT TO A PENALTY OF UP TO ONE THOUSAND DOLLARS. § 3. Subdivisions 1 and 19 of section 11-1301 of the administrative code of the city of New York, subdivision 1 as amended and subdivision 19 as added by local law number 145 of the city of New York for the year 2017, are amended and a new subdivision 21 is added to read as follows: 1. "Cigarette." Any roll for smoking made wholly or in part of tobacco or any other substance, irrespective of size or shape and whether or not such tobacco or substance is flavored, adulterated or mixed with any other ingredient, the wrapper or cover of which is made of paper or any other substance or material but is not made in whole or in part of tobacco. "CIGARETTE" SHALL NOT INCLUDE A RESEARCH TOBACCO PRODUCT. 19. "Tobacco product." Any product which contains tobacco that is intended for human consumption, including any component, part, or acces- sory of such product. Tobacco product shall include, but not be limited to, any cigar, little cigar, chewing tobacco, pipe tobacco, roll-your- S. 7505--B 81 A. 9505--B own tobacco, snus, bidi, snuff, shisha, or dissolvable tobacco product. Tobacco product shall not include cigarettes or any product that has been approved by the United States food and drug administration for sale as a tobacco use cessation product or for other medical purposes and that is being marketed and sold solely for such purposes. "TOBACCO PRODUCTS" SHALL NOT INCLUDE RESEARCH TOBACCO PRODUCTS. 21. "RESEARCH TOBACCO PRODUCT." A TOBACCO PRODUCT OR CIGARETTE THAT IS LABELED AS A RESEARCH TOBACCO PRODUCT, IS MANUFACTURED FOR USE IN RESEARCH FOR HEALTH, SCIENTIFIC, OR SIMILAR EXPERIMENTAL PURPOSES, IS EXCLUSIVELY USED FOR SUCH PURPOSES BY AN ACCREDITED COLLEGE, UNIVERSITY OR HOSPITAL, OR A RESEARCHER AFFILIATED WITH AN ACCREDITED COLLEGE, UNIVERSITY OR HOSPITAL, AND IS NOT OFFERED FOR SALE OR SOLD TO CONSUMERS FOR ANY PURPOSE. § 4. This act shall take effect on the same date and in the same manner as a chapter of the laws of 2019 amending the tax law relating to research tobacco products, as proposed in legislative bills numbers S.5300 and A.7351, takes effect. SUBPART W Section 1. Paragraphs h and j of subdivision 1 of section 101-aaa of the alcoholic beverage control law, as added by a chapter of the laws of 2019, amending the alcoholic beverage control law relating to authoriz- ing retail licenses to purchase beer, wine or liquor with a business payment card, as proposed in legislative bills numbers S. 4241-A and A. 6701-A, are amended to read as follows: h. "Business payment card" means: (1) any credit card issued to a retail licensee for business or commercial use pursuant to an agreement that allows the holder thereof to obtain goods and services on the cred- it of the issuer or a debit card that provides access to a bank account of a retail licensee; (2) A CREDIT OR DEBIT CARD FROM AN ISSUER ACCEPTED BY THE MANUFACTURER OR WHOLESALER AS PERMITTED BY THE AUTHORITY IN REGU- LATION; AND (3) SUCH CREDIT CARD SHALL NOT INCLUDE CARDS IN WHICH A MANUFACTURER OR WHOLESALER HAS A FINANCIAL INTEREST OR CARDS BY WHICH THEIR USE BENEFITS A MANUFACTURER OR WHOLESALER. Such card must be issued in the same name as a retail licensee and registered to the same address as the address on the retail license, or as otherwise permitted by the authority in regulation. j. "Final business payment card invoice amount" means the amount charged by a manufacturer or wholesaler to a retail licensee pursuant to paragraph (c) of subdivision two of this section; and shall equal the final cash invoice amount plus [remuneration for surcharges and fees incurred by a manufacturer or wholesaler as a result of such a trans- action, which shall be calculated by multiplying the final cash invoice amount by a rate determined annually by the authority] THREE PERCENT OF THE FINAL CASH INVOICE AMOUNT. THE THREE PERCENT REPRESENTS THE SURCHARGES AND FEES THAT ARE CHARGED TO THE MANUFACTURER OR WHOLESALER BY THE BUSINESS PAYMENT CARD ISSUER OR A PERSON OR ENTITY ASSOCIATED WITH THE ISSUER. § 2. Subdivision 2-a of section 101-aaa of the alcoholic beverage control law, as added by a chapter of the laws of 2019, amending the alcoholic beverage control law relating to authorizing retail licenses to purchase beer, wine or liquor with a business payment card, as proposed in legislative bills numbers S. 4241-A and A. 6701-A, is amended and a new subdivision 2-b is added to read as follows: S. 7505--B 82 A. 9505--B 2-a. A manufacturer or wholesaler that accepts business payment cards shall clearly state the final cash invoice amount and the final business payment card invoice amount on an invoice provided to a retail licensee. Nothing in this section shall preclude, or permit a manufacturer or wholesaler to [preclude] PREVENT, a retail licensee that receives such an invoice from electing to use any OTHER FORM OF payment method permit- ted pursuant to subdivision two of this section following receipt of such invoice. 2-B. NOTHING HEREIN CONTAINED SHALL BE CONSTRUED TO REQUIRE ANY MANUFACTURER OR WHOLESALER TO ACCEPT BUSINESS PAYMENT CARDS AS A METHOD OF PAYMENT BY ANY RETAIL LICENSEE, PROVIDED THAT IF SUCH PAYMENT METHOD IS MADE AVAILABLE IT SHALL BE AVAILABLE ON EQUAL TERMS TO ALL RETAIL LICENSEES. § 3. Subdivision 2 of section 55-b of the alcoholic beverage control law, as amended by a chapter of the laws of 2019, amending the alcoholic beverage control law relating to authorizing retail licenses to purchase beer, wine or liquor with a business payment card, as proposed in legis- lative bills numbers S. 4241-A and A. 6701-A, is amended to read as follows: 2. No brewer or beer wholesaler may increase the price per case, draft package or special package of beer sold to beer wholesalers or retail licensees until at least one hundred eighty days have elapsed since his last price decrease on such case, draft package or special package, provided, however, that the brewer or beer wholesaler may increase any price established by him at any time in the amount of any direct tax increase on beer or [in the amount necessary] THREE PERCENT OF THE FINAL CASH INVOICE AMOUNT to reasonably remunerate such wholesaler for surcharges and fees incurred for business payment card payments, as [determined by the authority pursuant to] PROVIDED FOR BY paragraph j of subdivision one of section one hundred one-aaa of this chapter, or on containers thereof, actually paid by such brewer or beer wholesaler, and provided further, however, that if a brewer or beer wholesaler has increased his price to beer wholesalers at any time pursuant to the provisions hereof, the beer wholesaler may increase the price estab- lished by him on such package in an amount equal to the direct price increase to the beer wholesaler. The price per case, draft package or special package of beer sold to beer wholesalers or retail licensees on the first day of the month following the effective date of this act shall be deemed the base price, to or from which price increases or decreases may be made in accordance with the provisions of this section. § 4. Paragraphs g, h, and i of subdivision 1 of section 101-aa of the alcoholic beverage control law, as added by a chapter of the laws of 2019 amending the alcoholic beverage control law relating to authorizing retail licenses to purchase beer, wine or liquor with a business payment card, as proposed in legislative bills numbers S.4241-A and A.6701-A, are REPEALED. § 5. Subdivision 2 of section 101-aa of the alcoholic beverage control law, as amended by a chapter of the laws of 2019 amending the alcoholic beverage control law relating to authorizing retail licenses to purchase beer, wine or liquor with a business payment card, as proposed in legis- lative bills numbers S.4241-A and A.6701-A, is amended to read as follows: 2. No manufacturer or wholesaler licensed under this chapter shall sell or deliver any liquor or wine 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--B 83 A. 9505--B (b) on terms requiring payment by such retail licensee for such alco- holic beverages on or before the final payment date of the credit period for which delivery is made[; or (c) by business payment card; provided that a manufacturer or whole- saler that exercises reasonable diligence to ensure the sale comports with the requirements of this section shall not be found to have violated this subdivision where a retail licensee uses a credit card other than a business payment card]. § 6. Subdivision 2-a of section 101-aa of the alcoholic beverage control law, as added by a chapter of the laws of 2019 amending the alcoholic beverage control law relating to authorizing retail licenses to purchase beer, wine or liquor with a business payment card, as proposed in legislative bills numbers S.4241-A and A.6701-A, is REPEALED. § 7. This act shall take effect on the same date and in the same manner as a chapter of the laws of 2019, amending the alcoholic beverage control law relating to authorizing retail licenses to purchase beer, wine or liquor with a business payment card, as proposed in legislative bills numbers S. 4241-A and A. 6701-A, takes effect. SUBPART X Section 1. Section 24-b of the tax law, as added by a chapter of the laws of 2019, amending the tax law relating to a television writers' and directors' fees and salaries credit, as proposed in legislative bills numbers S. 5864-A and A. 6683-B, is amended to read as follows: § 24-b. Television writers' and directors' fees and salaries credit. (a)(1) A taxpayer which is a qualified film production company, or a qualified independent film production company, or which is a sole proprietor of or a member of a partnership which is a qualified film production company or a qualified independent film production company, and which is subject to tax under articles nine-A or twenty-two of this chapter, shall be allowed a credit against such tax, pursuant to the provisions referenced in subdivision (c) of this section, to be computed as hereinafter provided. (2) The amount of the credit shall be the product (or pro rata share of the product, in the case of a member of a partnership) of thirty percent and the qualified television writers' and directors' fees and salaries costs paid or incurred in the production of a qualified film, provided that: (i) the credit amount shall not exceed fifty thousand dollars for qualified television writers' and directors' fees and sala- ries claimed for such expenses incurred for the employment of any one specific writer or director for the production of a single television pilot or a single episode of a television series, and (ii) the credit amount shall not exceed one hundred fifty thousand dollars for qualified television writers' and directors' fees and salaries claimed for such expenses incurred for the employment of any one specific writer or director. IN ADDITION, UNDER NO CIRCUMSTANCES SHALL THE CREDIT AMOUNT INCLUDE FEES OR SALARIES FOR MORE THAN ONE DIRECTOR PER EPISODE. The credit shall be allowed for the taxable year in which the production of such qualified film is completed. (3) No qualified television writers' and directors' fees and salaries used by a taxpayer either as the basis for the allowance of the credit provided for pursuant to this section or used in the calculation of the credit provided pursuant to this section shall be used by such taxpayer to claim any other credit allowed pursuant to this chapter. S. 7505--B 84 A. 9505--B (b) Definitions. As used in this section, the following terms shall have the following meanings: (1) "Qualified film production company" is a corporation, partnership, limited partnership, or other entity or individual WHOSE PROJECT IS CONDITIONALLY ELIGIBLE TO RECEIVE A TAX CREDIT UNDER SECTION TWENTY-FOUR OF THIS ARTICLE which or who is principally engaged in the production of a qualified film and controls the qualified film during production. (2) "Qualified independent film production company" is a corporation, partnership, limited partnership, or other entity or individual WHOSE PROJECT IS CONDITIONALLY ELIGIBLE TO RECEIVE A TAX CREDIT UNDER SECTION TWENTY-FOUR OF THIS ARTICLE, that or who (i) is principally engaged in the production of a qualified film with a maximum budget of fifteen million dollars, (ii) controls the qualified film during production, and (iii) either is not a publicly traded entity, or no more than five percent of the beneficial ownership of which is owned, directly or indi- rectly, by a publicly traded entity. (3) "Qualified film" means a television film, television pilot and/or each episode of a television series, regardless of the medium by means of which the film, pilot or episode is created or conveyed. (4) "Qualified television writers' and directors' fees and salaries" means[: (i)] salaries or fees paid to a writer or director who receives an on-air credit[; (ii) for a non-credited writer, up to seventy-five thousand dollars in salaries or fees per series of episodes. Provided], PROVIDED that in each case, such writer or director is a minority group member, as defined in subdivision eight of section three hundred ten of the executive law, or a woman, and provided, further, that salaries or fees paid to any writer or director who is a profit participant in the qualified film shall not be eligible. SUCH FEES SHALL NOT INCLUDE RELO- CATION FEES OR HOTEL COSTS AND PER DIEMS. IN ADDITION, SUCH FEES SHALL NOT INCLUDE SALARIES OR FEES PAID TO WRITERS OR DIRECTORS FOR WORK DONE ON EPISODES OF TELEVISION SERIES THAT WERE DEEMED CONDITIONALLY ELIGIBLE FOR THE TAX CREDIT UNDER SECTION TWENTY-FOUR OF THIS ARTICLE PRIOR TO THE TAX YEAR FOR WHICH THE CREDIT IS FIRST AVAILABLE. (5) "Writer" means a person who is[: (i)] engaged by a qualified film production company or a qualified independent film production company to write [literary material (including making changes or revisions in literary material), when the company has the right by contract to direct the performance of personal services in writing or preparing such mate- rial or in making revisions, modifications or changes therein; or (ii) engaged by the company and who performs services (at the company's direction or with its consent) in writing or preparing such literary material or making revisions, modifications, or changes in such materi- al;] TELEVISION SCRIPTS, OUTLINES, REWRITES, STORIES, OR TELEPLAYS FOR TELEVISION SERIES and [(iii)] who reports to work regularly in a writers room located in the state. FOR THE PURPOSES OF THIS DEFINITION, "WRIT- ER" SHALL NOT INCLUDE SHOWRUNNERS OR EXECUTIVE PRODUCERS. (6) ["Literary material" shall be deemed to include stories, adapta- tions, treatments, original treatments, scenarios, continuities, tele- plays, screenplays, dialogue, scripts, sketches, plots, outlines, narra- tive synopses, routines, narrations, and formats. (7)] "Writers room" means a room or physical location IN THE STATE where writers employed by a qualified film production company or quali- fied independent film production company write [or revise literary mate- rials] TELEVISION SCRIPTS, OUTLINES, REWRITES, STORIES, OR TELEPLAYS FOR TELEVISION SERIES utilized in a qualified film. A WRITERS ROOM IS S. 7505--B 85 A. 9505--B LOCATED IN THE STATE ONLY IF IT IS IN USE IN THE STATE AT LEAST EIGHTY PERCENT OF THE TIME IT IS IN EXISTENCE. [(8)] (7) "Director" means an individual employed or retained to direct the production, as the word "direct" is commonly used in the motion picture industry, [and] who would be classified as a director under the basic agreement in place between the Association of Motion Picture and Television Producers and the Director's Guild of America and who [is a resident of New York] MUST MEET THE MINIMUM CRITERIA FOR WORK ON QUALIFIED PRODUCTIONS IN NEW YORK STATE AS ESTABLISHED BY THE COMMIS- SIONER OF ECONOMIC DEVELOPMENT BY REGULATION. [(9)] (8) "Profit participant" is an individual who has negotiated for a percentage of profits generated by a qualified film. Profit partic- ipation does not include monies contractually required by collectively bargained agreements for reuse of a qualified film on different plat- forms over time. (c) Cross-references. For application of the credit provided for in this section, see the following provisions of this chapter: (1) article 9-A: section 210-B: subdivision 54. (2) article 22: section 606: subsection (v). (d) Notwithstanding any provision of this chapter, (1) employees and officers of the department of economic development and the department shall be allowed and are directed to share and exchange information regarding the credits applied for, allowed, or claimed pursuant to this section and taxpayers who are applying for credits or who are claiming credits, including information contained in or derived from credit claim forms submitted to the department and applications for certification submitted to the department of economic development, and (2) the commis- sioner and the commissioner of the department of economic development may release the names and addresses of any taxpayer claiming this credit and the amount of the credit earned by the taxpayer. Provided, however, if a taxpayer claims this credit because it is a member of a limited liability company or a partner in a partnership, only the amount of credit earned by the entity and not the amount of credit claimed by the taxpayer may be released. (e) Maximum amount of credits. (1) The aggregate amount of tax credits allowed under this section, subdivision fifty-four of section two hundred ten-B and subsection (v) of section six hundred six of this chapter in any calendar year shall be five million dollars. Such aggre- gate amount of credits shall be allocated by the department of economic development among taxpayers in order of priority based upon the date of filing an application for allocation of television writers' and direc- tors' fees and salaries credit with such department. If the total amount of allocated credits applied for in any particular year exceeds the aggregate amount of tax credits allowed for such year under this section, such excess shall be treated as having been applied for on the first day of the subsequent year. (2) The commissioner of economic development, after consulting with the commissioner, shall promulgate regulations [by October thirty-first, two thousand nineteen] to establish procedures for the allocation of tax credits as required by subdivision (a) of this section. Such rules and regulations shall include provisions describing the application process, the due dates for such applications, the standards which shall be used to evaluate the applications, the documentation that will be provided to taxpayers to substantiate to the department the amount of tax credits allocated to such taxpayers, and such other provisions as deemed neces- sary and appropriate. Notwithstanding any other provisions to the S. 7505--B 86 A. 9505--B contrary in the state administrative procedure act, such rules and regu- lations may be adopted on an emergency basis [if necessary to meet such October thirty-first, two thousand nineteen deadline]. (f) The department of economic development shall submit to the gover- nor, the temporary president of the senate, and the speaker of the assembly, an annual report to be submitted on February first of each year evaluating the effectiveness of the television writers' and direc- tors' fees and salaries tax credit provided by this section in stimulat- ing the growth of diversity in the film industry in the state. Such report shall include, but need not be limited to, the number of quali- fied film production companies and/or qualified independent film production companies which received a television writers' and directors' fees and salaries credit, the credit amounts claimed by each qualified film production company and/or qualified independent film production company, as well as the impact on employment and the economy of the state. Such report shall be based on data available from the application filed with the department of economic development for allocation of television writers' and directors' fees and salaries credits. Notwith- standing any provision of law to the contrary, the information contained in the report shall be public information. The report may also include any recommendations of changes in the calculation or administration of the credit, and any other recommendation of the commissioner of the department of economic development regarding continuing modification, repeal of such act, and such other information regarding the act as the commissioner of the department of economic development may feel useful and appropriate. § 2. Section 6 of a chapter of the laws of 2019, amending the tax law relating to a television writers' and directors' fees and salaries cred- it, as proposed in legislative bills numbers S. 5864-A and A. 6683-B, is amended to read as follows: § 6. STUDY OF THE UNDERUTILIZATION OF MINORITY AND WOMEN SCREENWRITERS AND DIRECTORS. 1. STUDY. SUBJECT TO AN APPROPRIATION WHICH SHALL PROVIDE SUFFICIENT FUNDING NECESSARY TO COMPLETE SUCH STUDY, THE DEPART- MENT OF ECONOMIC DEVELOPMENT SHALL SELECT, THROUGH THE REQUEST FOR PROPOSAL PROCESS, AN ENTITY INDEPENDENT OF SUCH DEPARTMENT WHICH SHALL SERVE AS SUCH DEPARTMENT'S DESIGNEE FOR THE PURPOSE OF CONDUCTING A STUDY TO INVESTIGATE THE STATISTICAL SIGNIFICANCE OF THE UNDERUTILIZA- TION OF MINORITY AND WOMEN SCREENWRITERS AND DIRECTORS. SUCH STUDY SHALL CONDUCT OR PROVIDE FOR AN EXAMINATION OF, BUT NOT BE LIMITED TO, A COMPARISON OF AVAILABLE MINORITY AND WOMEN SCREENWRITERS AND DIRECTORS AGAINST THE SHARE OF SCREENWRITING AND DIRECTING WORK SUCH GROUPS RECEIVE ON PROJECTS IN NEW YORK STATE TO DEMONSTRATE THE STATISTICALLY SIGNIFICANT UNDERUTILIZATION OF THAT POPULATION. 2. REPORT. (A) UPON THE COMPLETION OF THE STUDY CONDUCTED PURSUANT TO SUBDIVISION ONE OF THIS SECTION, THE DEPARTMENT OF ECONOMIC DEVELOPMENT SHALL DELIVER A REPORT OF THE FINDINGS OF SUCH STUDY TO THE GOVERNOR, THE TEMPORARY PRESIDENT OF THE SENATE, AND THE SPEAKER OF THE ASSEMBLY AND POST THE STUDY ON THE WEBSITE OF THE DEPARTMENT OF ECONOMIC DEVELOP- MENT. (B) IF THE DEPARTMENT OF ECONOMIC DEVELOPMENT DETERMINES THAT THE STUDY HAS FOUND STATISTICALLY SIGNIFICANT EVIDENCE OF THE UNDERUTILIZA- TION OF MINORITY AND WOMEN SCREENWRITERS AND DIRECTORS AGAINST THE SHARE OF SCREENWRITING AND DIRECTING WORK SUCH GROUPS RECEIVE ON PROJECTS IN THE STATE, THEN THE DEPARTMENT OF ECONOMIC DEVELOPMENT SHALL SO NOTIFY THE GOVERNOR, THE TEMPORARY PRESIDENT OF THE SENATE, THE SPEAKER OF THE ASSEMBLY, THE COMMISSIONER OF TAXATION AND FINANCE AND THE LEGISLATIVE BILL DRAFTING COMMISSION. S. 7505--B 87 A. 9505--B 3. POWERS. ALL OTHER DEPARTMENTS OR AGENCIES OF THE STATE OR SUBDIVI- SIONS THEREOF, AND LOCAL GOVERNMENTS SHALL, AT THE REQUEST OF THE DEPARTMENT OF ECONOMIC DEVELOPMENT OR ITS DESIGNEE CHOSEN PURSUANT TO SUBDIVISION ONE OF THIS SECTION, PROVIDE EXPERTISE, ASSISTANCE, AND/OR DATA THAT ARE RELEVANT OR MATERIAL TO THE COMPLETION OF THE STUDY DIRECTED TO BE COMPLETED BY SUBDIVISION ONE OF THIS SECTION AND THE REPORT DIRECTED TO BE COMPLETED BY SUBDIVISION TWO OF THIS SECTION. THE DEPARTMENT OF ECONOMIC DEVELOPMENT, OR ITS DESIGNEE, SHALL ALSO BE AUTHORIZED TO OBTAIN RELEVANT INFORMATION FROM ANY RECOGNIZED ENTITIES REPRESENTING THE TELEVISION INDUSTRY OR SEGMENTS THEREOF TOWARDS THE COMPLETION OF SUCH STUDY. § 7. This act shall take effect immediately, [and shall apply to taxa- ble years beginning on or after January 1, 2020] PROVIDED, HOWEVER, THAT THE PROVISIONS OF SECTIONS ONE, TWO, THREE, FOUR, AND FIVE OF THIS ACT SHALL TAKE EFFECT ON THE FIRST OF JANUARY NEXT SUCCEEDING THE DATE THE DEPARTMENT OF ECONOMIC DEVELOPMENT PROVIDES NOTICE TO THE LEGISLATIVE BILL DRAFTING COMMISSION OF A DETERMINATION PURSUANT TO PARAGRAPH (B) OF SUBDIVISION TWO OF SECTION SIX OF THIS ACT AND SHALL APPLY TO TAXABLE YEARS ON AND AFTER SUCH DATE; PROVIDED THAT THE DEPARTMENT OF ECONOMIC DEVELOPMENT SHALL NOTIFY THE LEGISLATIVE BILL DRAFTING COMMISSION UPON THE OCCURRENCE OF THE SUBMISSION OF THE REPORT PROVIDED FOR IN PARAGRAPH (B) OF SUBDIVISION TWO OF SECTION SIX OF THIS ACT 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. EFFECTIVE IMMEDIATELY, THE ADDITION, AMENDMENT AND/OR REPEAL OF ANY RULE OR REGULATION NECESSARY FOR THE IMPLEMENTATION OF THIS ACT ON ITS EFFECTIVE DATE ARE AUTHORIZED TO BE MADE AND COMPLETED ON OR BEFORE SUCH EFFECTIVE DATE. § 3. This act shall take effect immediately; provided, however that section one of this act and section 6 of a chapter of the laws of 2019, amending the tax law relating to a television writers' and directors' fees and salaries credit, as proposed in legislative bills numbers S. 5864-A and A. 6683-B, as amended by section two of this act shall take effect on the same date and in the same manner as such chapter of the laws of 2019, takes effect. SUBPART Y Section 1. A chapter of the laws of 2019, amending the labor law relating to ensuring that utility employees receive the prevailing wage, as proposed in legislative bills numbers S. 6265-A and A. 8083-A, is REPEALED. § 2. The public service law is amended by adding a new section 42-a to read as follows: § 42-A. PAYMENT OF WAGES TO WORKERS; CERTAIN CASES. 1. THE LEGISLATURE HEREBY FINDS THAT THE PROTECTION OF CRITICAL INFRASTRUCTURE IS FURTHERED BY THE ENHANCED TRAINING, EXPERIENCE AND EXPERTISE OF WORKERS IN ALL POSITIONS AT SUCH FACILITIES. GIVEN THAT THE STATE OF NEW YORK, DUE TO ITS REPRESENTATION AS A BEACON OF LIBERTY, DIVERSITY AND EQUALITY, AND ITS HISTORY OF BEING THE TARGET OF TERRORIST ATTACKS, WILL ALWAYS BE A TARGET FOR THOSE WHO WISH TO DO THIS COUNTRY AND THIS STATE HARM, NEW YORK HAS A FUNDAMENTAL OBLIGATION TO HARDEN ITS INFRASTRUCTURE AGAINST ANY SUCH THREATS OR ACTIVITY. IN HARDENING THE INFRASTRUCTURE THERE IS NO GREATER ASSET THAN THE HUMAN CAPITAL THAT SERVE AT THE FRONT LINES OF THE EFFORT TO THWART TERRORIST ATTACKS. THE ELECTRIC AND STEAM GENERAT- S. 7505--B 88 A. 9505--B ING FACILITIES IN THE STATE, WHEN ACTIVE, PROVIDE A TARGET THAT REQUIRES THE HARDENING NOT ONLY OF THE PHYSICAL INFRASTRUCTURE BUT THE HUMAN INFRASTRUCTURE AS WELL. TURNOVER IN SUCH POSITIONS, FOR THE SERVICE WORKERS WHO PROVIDE CLEANING, SECURITY AND MAINTENANCE SERVICES AT SUCH ACTIVE GENERATING FACILITIES WILL DECREASE IF THE WORKERS ARE PAID INCREASED WAGES. THE REDUCTION OF TURNOVER WILL ALLOW FOR THE MORE DEVELOPED AND TRAINED WORKFORCE TO CONTINUE TO PROVIDE THE MEASURE OF SAFETY AND SECURITY THE STATE REQUIRES. GIVEN THAT IMPORTANT STATE INTEREST, IT IS THEREFORE FOUND AND DECLARED THAT THE WORKERS AT SUCH FACILITIES SHALL BE TRAINED TO ENSURE THEIR ABILITY TO MEET THE SECURITY NEEDS OF THE FACILITIES THAT THEY WORK UPON. IT IS FURTHER FOUND AND DECLARED THAT THE REDUCTION OF TURNOVER MAY BE ACCOMPLISHED BY THE PAYMENT OF RATES OF PAY IN LINE WITH THOSE PREVAILING IN SUCH TRADE OR OCCUPATION, AS OTHERWISE DEFINED. 2. THE WAGES PAID, AND BENEFITS PROVIDED, TO BUILDING SERVICE EMPLOY- EES WHO ARE EMPLOYED AT A WORK LOCATION THAT IS AN ACTIVE MAJOR ELECTRIC OR STEAM GENERATING FACILITY, OR AT A TRANSMISSION OR DISTRIBUTION FACILITY CONSIDERED CRITICAL INFRASTRUCTURE AS DETERMINED BY THE DIVI- SION OF HOMELAND SECURITY AND EMERGENCY SERVICES IN CONSULTATION WITH THE DEPARTMENT, SHALL BE SUBJECT TO ARTICLE NINE OF THE LABOR LAW. FOR PURPOSES OF THIS SECTION "MAJOR ELECTRIC GENERATING FACILITY" MEANS AN ELECTRIC GENERATING FACILITY WITH A NAMEPLATE GENERATING CAPACITY OF TWENTY-FIVE THOUSAND KILOWATTS OR MORE, INCLUDING INTERCONNECTION ELEC- TRIC TRANSMISSION LINES AND FUEL GAS TRANSMISSION LINES, AND "MAJOR STEAM GENERATING FACILITY" MEANS A STEAM GENERATING FACILITY WITH A GENERATING CAPACITY TO BE DETERMINED BY THE DEPARTMENT. § 3. This act shall take effect on the same date and in the same manner as a chapter of the laws of 2019, amending the labor law relating to ensuring that utility employees receive the prevailing wage, as proposed in legislative bills numbers S. 6265-A and A. 8083-A, takes effect, provided, however, that section two of this act shall take effect on the one hundred eightieth day after it shall have become a law. SUBPART Z Section 1. Paragraph (b) of subdivision 2 of section 280-b of the real property law, as added by a chapter of the laws of 2019, amending the real property law relating to regulation of reverse mortgages issued under the federal home equity conversion mortgage for seniors program, as proposed in legislative bills numbers S. 4407 and A. 5626, is amended to read as follows: (b) use the words "government insured" or other similar language [representing] IN A MANNER THAT FALSELY REPRESENTS that reverse mortgage loans are insured, supported and sponsored by any governmental entity in any commercial, mailing, advertisement or writing relating thereto; or § 2. This act shall take effect on the same date and in the same manner as a chapter of the laws of 2019, amending the real property law relating to regulation of reverse mortgages issued under the federal home equity conversion mortgage for seniors program, as proposed in legislative bills numbers S. 4407 and A. 5626, takes effect. SUBPART AA Section 1. Title 9 of article 37 of the environmental conservation law, as added by a chapter of the laws of 2019 amending the environ- S. 7505--B 89 A. 9505--B mental conservation law relating to regulation of toxic chemicals in children's products, as proposed in legislative bills numbers S. 501-B and A. 6296-A, is amended to read as follows: TITLE IX TOXIC CHEMICALS IN CHILDREN'S PRODUCTS Section 37-0901. Definitions. 37-0903. [Consumer notice] APPLICABILITY. 37-0905. CHEMICALS OF CONCERN AND HIGH-PRIORITY CHEMICALS. [37-0905.] 37-0907. Reporting on the use of chemicals. [37-0907.] 37-0909. Sales prohibition. [37-0909. Applicability.] 37-0911. CHILDREN'S PRODUCT SAFETY COUNCIL; ESTABLISHED. [37-0911. Enforcement and implementation] 37-0913. NOTICE TO RETAILERS AND THE PUBLIC. [37-0913. Regulations] 37-0915. ENFORCEMENT AND IMPLEMENTATION. 37-0917. REGULATIONS. § 37-0901. Definitions. As used in this title, unless the context otherwise indicates, the following terms have the following meanings. 1. "Children's apparel" means any item of clothing that consists of fabric or related material intended or promoted for use in children's clothing. Children's apparel does not mean protective equipment designed to prevent injury, including, but not limited to, bicycle helmets, athletic supporters, knee pads or elbow pads. 2. "Chemical" means a substance with a distinct molecular composition or a group of structurally related substances and includes the breakdown products of the substance or substances that form through decomposition, degradation or metabolism. 3. "[Chemicals] CHEMICAL of concern" [means: (a) 1,1,2,2-Tetrachloroethane (CAS 79-34-5) (a-1) 1,2-Dibromoethane (CAS 106-93-4) (a-2) 1,1,3,3-Tetramethyl-4-butylphenol; 4-tert-octylphenol (CAS 140- 66-9) (a-3) (1,1,3,3 - Tetramethylbutyl) Phenol; Octylphenol (CAS 27193-28-8) (a-4) 1,3-Butadiene (CAS 106-99-0) (b) 1,4-Dioxane (CAS 123-91-1) (c) 2,2',3,3',4,4',5,5',6,6'-Decabromodiphenyl ether; BDE-209 (CAS 1163-19-5) (d) 2,4-Diaminotoluene (CAS 95-80-7) (d-1) 2,4-Dihydroxybenzophenone; resbenzophenone (CAS 131-56-6) (e) 2-Aminotoluene (CAS 95-53-4) (f) 2-Ethylhexanoic acid (CAS 149-57-5) (f-1) 2-Ethyl-hexyl-2, 3, 4, 5 tetrabromobenzoate (TBB) (CAS 183658-27-7) (g) 2-Ethyl-hexyl-4-methoxycinnamate (CAS 5466-77-3) (g-1) 2-Napthylamine (CAS 91-59-8) (h) 2-Methoxyethanol (CAS 109-86-4) (i) 3,3'-Dimethylbenzidine and dyes metabolized to 3,3'-Dimethylbenzidine (CAS 119-93-7) (i-1) 4-Hydroxybiphenol (CAS 92-69-3) (j) 4-Nonylphenol; 4-NP and its isomer mixtures including CAS 84852-15-3 and CAS 25154-52-3 (CAS 104-40-5) (j-1) 4,4-methylenebis(2-chloroaniline) (CAS 101-14-4) (k) 4-Tert-octylphenol; 1,1,3,3-Tetramethyl-4-butylphenol (CAS 140-66-9) S. 7505--B 90 A. 9505--B (l) Acetaldehyde (CAS 75-07-0) (m) Acrylonitrile (CAS 107-13-1) (n) Aniline (CAS 62-53-3) (o) Antimony & antimony compounds (CAS 7440-36-0) (p) Arsenic & arsenic compounds (CAS 7440-38-2) including arsenic trioxide & dimethyl arsenic (CAS 75-60-5) (q) Asbestos (CAS 1332-21-4) (r) Benzene (CAS 71-43-2) (s) Benzene, pentachloro (CAS 608-93-5) (s-1) Benzidine and its salts (CAS 92-87-5) (t) Benzophenone-2 (BP-2); 2,2',4,4'-tetrahydroxybenzophenone (CAS 131-55-5) (t-1) Bis(2-ethylhexyl) tetrabromophtalate (TBPH) (CAS 26040-51-7) (t-2) Bis(chloromethyl) propane-1-3-diyltetrakis-(2-chloroethyl) bis(phosphate)(V6)(CAS 38051-10-4) (u) Bisphenol A (CAS 80-05-7) (u-1) Bisphenol F (CAS 620-92-8) (u-2) Bisphenol S (CAS 80-09-1) (v) Butyl benzyl phthalate (BBP) (CAS 85-68-7) (w) Butyl paraben (CAS 94-28-6) (x) Butylated Hydroxyanisole; (BHA) (CAS 25013-16-5) (y) C.I. solvent yellow 14 (CAS 842-07-9) (z) Cadmium & cadmium compounds (CAS 7440-43-9) (aa) Carbon disulfide (CAS 75-15-0) (aa-1) Chlorinated paraffins (CAS 108171-26-2) (bb) Cobalt & cobalt compounds (CAS 7440-48-4) (bb-1) Decabromodiphenyl ethane (DBPE) (CAS 84852-53-9) (bb-2) Decabromodiphenyl ether (CAS 163-19-5) (cc) Di-2-ethylhexyl phthalate (CAS 117-81-7) (cc-1) Di-(2-methoxyethyl) phthalate (DMEP) (CAS 117-82-8) (dd) Dibutyl phthalate (CAS 84-74-2) (dd-1) Dicyclohexyl phthalate (DCHP) (CAS 84-61-7) (ee) Diethyl phthalate (CAS 84-66-2) (ee-1) Diisobutyl phthalate (DIBP) (CAS 84-69-5) (ff) Diisodecyl phthalate (DIDP) (CAS 26761-40-0) (gg) Diisononyl phthalate (DINP) (CAS 28553-12-0) (hh) Di-n-hexyl phthalate (CAS 84-75-3) (ii) Di-n-octyl phthalate (DNOP) (CAS 117-84-0) (ii-1) Dipentyl phthalate (DPP) (CAS 131-18-0) (ii-2) Epichlorohydrin (CAS 106-98-9) (jj) Estragole (CAS 140-67-0) (kk) Ethyl paraben (CAS 120-47-8) (ll) Ethylbenzene (CAS 100-41-4) (mm) Ethylene glycol (CAS 107-21-1) (nn) Ethylene glycol monoethyl ester (CAS 110-80-5) (nn-1) Ethyl hexyl d-phenol phosphate (EHDPP) (CAS 1241-94-7) (oo) Formaldehyde (CAS 50-0-0) (pp) Hexabromocyclododecane (HBCD) (CAS 25637-99-4) (qq) Hexachlorobenzene (CAS 118-74-1) (rr) Hexachlorobutadiene (CAS 87-68-3) (rr-1) Isopropylated triphenyl phosphate (IPTPP) (CAS 68437-41-7) (ss) Lead & lead compounds (CAS 7439-92-1) (tt) Mercury & mercury compounds (CAS 7439-97-6) including methyl mercury (CAS 22967-92-6) (uu) Methyl ethyl ketone (CAS 78-93-3) (vv) Methyl paraben (CAS 99-76-3) S. 7505--B 91 A. 9505--B (ww) Methylene chloride (CAS 75-09-2) (ww-1) Methyl tert-butyl ether (MTBE) (CAS 1634-04-4) (xx) Molybdenum & molybdenum compounds (CAS 7439-98-7) (xx-1) Mono-n-butylphthalate (CAS 131-70-4) (yy) N-methylpyrrolidone (CAS 872-50-4) (yy-1) Nickel and nickel compounds (CAS N/A) (zz) N-nitrosodimethylamine (CAS 62-75-9) (aaa) N-nitrosodiphenylamine (CAS 86-30-6) (bbb) Nonylphenol (CAS 25154-52-3) (ccc) Para-chloroaniline (CAS 106-47-3) (ddd) Perchloroethylene (CAS 127-18-4) (ddd-1) Perflurooctanoic acid (PFOA & related substances) (CAS 335-67-1) (eee) Perfluorooctanyl sulphonic acid and its salts (PFOS) (CAS 1763- 23-1) (fff) Phenol (CAS 108-95-2) (ggg) Phenol, 4-octyl- (CAS 1806-26-4) (hhh) P-hydroxybenzoic acid (CAS 99-96-7) (iii) Propyl paraben (CAS 94-13-3) (iii-1) Short chain chlorinated paraffins (SCCP) (CAS 85535-84-8) (jjj) Silica, crystalline (in the form of quartz or cristabolite dust) (CAS 14808-60-7) (kkk) Styrene (CAS 100-42-5) (lll) Tetrabromobisphenol A (CAS 79-94-7) (lll-1) Tetrachloroethene (CAS 127-18-4) (mmm) Toluene (CAS 108-88-3) (mmm-1) Tricresyl phosphate (TCP) (CAS 1330-78-5) (mmm-2) Tri-n-butyl phosphate (TNBP) (CAS 126-73-8) (mmm-3) Triphenyl phosphate (TPP) (CAS 115-86-6) (nnn) Tris(1,3-dichloro-2-propyl) phosphate (CAS 13674-87-3) (nnn-1) Tris(1-chloro-2-propyl) phosphate (TCPP) (CAS 13674-84-5) (ooo) Tris(2-chloroethyl) phosphate (CAS 115-96-8) (ooo-1) Tris(2,3-dibromopropylphosphate) (CAS 126-72-7) (ppp) Vinyl chloride (CAS 75-01-4)] MEANS A CHEMICAL IDENTIFIED BY THE DEPARTMENT BY RULE PURSUANT TO SUBDIVISION ONE OF SECTION 37-0905 OF THIS TITLE. 4. "Children" means a person or persons aged twelve and under. 5. "Children's product" means a CONSUMER product primarily intended for, made for or marketed for use by children, such as baby products, toys, car seats, school supplies, personal care products AS DEFINED IN SECTION 37-0117 OF THIS ARTICLE, a product designed or intended by the manufacturer to help a child with sucking or teething, to facilitate sleep, relaxation, or the feeding of a child, and children's novelty products, children's jewelry AS DEFINED IN SECTION 37-0115 OF THIS ARTI- CLE, children's bedding, furniture, furnishings, and apparel. "Chil- dren's product" does not include (a) batteries; [or] (b) consumer elec- tronic products AND THEIR COMPONENT PARTS including but not limited to personal computers, audio and video equipment, calculators, wireless phones, game consoles, VIDEO TOYS THAT CAN BE CONNECTED TO A VIDEO SCREEN AND ARE OPERATED AT A NOMINAL VOLTAGE EXCEEDING TWENTY-FOUR VOLTS and handheld devices incorporating a video screen, used to access inter- active software and their associated peripherals, ACCESSORIES AND PERIPHERALS TO CHILDREN'S ELECTRONIC PRODUCTS INCLUDING PLUGS, KEYBOARDS AND HEADPHONES, INTERACTIVE SOFTWARE, INTENDED FOR LEISURE AND ENTER- TAINMENT, SUCH AS COMPUTER GAMES, AND THEIR STORAGE MEDIA, SUCH AS COMPACT DISKS; or (c) [a food or beverage or an additive to a food or S. 7505--B 92 A. 9505--B beverage regulated by the United States Food and Drug Administration. "Children's product" also does not include a drug, biologic or medical device regulated by the United States Food and Drug Administration] SPORTING EQUIPMENT INCLUDING BICYCLES AND TRICYCLES, SKIS, SNOW BOARDS, SLEDS, AND ROLLER SKATES; AND HUNTING AND FISHING EQUIPMENT OR COMPO- NENTS THEREOF; (D) SCIENCE KITS INCLUDING CHEMISTRY SETS AND MODEL ROCK- ETS; (E) TOY ENGINES AND SETS OF DARTS WITH METALLIC POINTS; (F) MOTOR VEHICLES OR THEIR COMPONENT PARTS, WATERCRAFT OR THEIR COMPONENT PARTS, ALL-TERRAIN VEHICLES OR THEIR COMPONENT PARTS, OR OFF-HIGHWAY MOTORCY- CLES OR THEIR COMPONENT PARTS. 6. "CONSUMER PRODUCT" MEANS ANY PRODUCT THAT IS REGULARLY USED OR PURCHASED TO BE USED FOR PERSONAL, FAMILY OR HOUSEHOLD PURPOSES. CONSUM- ER PRODUCT SHALL NOT MEAN: (A) A FOOD OR BEVERAGE OR AN ADDITIVE TO A FOOD OR BEVERAGE REGULATED BY THE UNITED STATES FOOD AND DRUG ADMINIS- TRATION; OR (B) A DRUG, BIOLOGIC OR MEDICAL DEVICE REGULATED BY THE UNITED STATES FOOD AND DRUG ADMINISTRATION. [6.] 7. "Distributor" means a person who sells children's products to retail establishments on a wholesale basis. [7.] 8. "Manufacturer" means any person who currently manufactures a children's product or whose brand name is affixed to the children's product. In the case of a children's product that was imported into the United States, "manufacturer" includes the importer or first domestic distributor of the children's product if the person who currently manu- factures or assembles the children's product or whose brand name is affixed to the children's product does not have a presence in the United States. [8.] 9. "Practical quantification limit" means the lowest level that can be reliably achieved within specified limits of precision and accu- racy during routine laboratory operating conditions. [9. "Dangerous] 10. "HIGH-PRIORITY chemical" means (a) [the following chemicals: CASRN13674-87-8 Tris (1, 3 dichloro-2-propyl) phosphate CASRN71-43-2 Benzene CASRN7439-92-1 lead and compounds (inorganic) CASRN7439-97-6 Mercury and mercury compounds, including methyl mercury (CASRN 22967-92-6) CASRN50-00-0 Formaldehyde CASRN1332-21-4 Asbestos CASRN7440-38-2 Arsenic and arsenic compounds including arsenic trioxide (CASRN 1327-53-3) and dimethyl arsenic (CASRN 75-60-5) CASRN7440-43-9 Cadmium CASRN Assorted Organohalogen flame retardants (b) a chemical adopted by the department pursuant to section 37-0903] A CHEMICAL DESIGNATED PURSUANT TO PARAGRAPH (A) OF SUBDIVISION TWO OF SECTION 37-0905 OF THIS TITLE; AND (B) A CHEMICAL ADOPTED BY THE DEPARTMENT PURSUANT TO PARAGRAPH (B) OF SUBDIVISION TWO OF SECTION 37-0905 of this title. [10.] 11. "INTENTIONALLY ADDED CHEMICAL" MEANS A CHEMICAL IN A PRODUCT THAT SERVES AN INTENDED FUNCTION IN THE PRODUCT COMPONENT. 12. "Toy" means a product designed or intended by the manufacturer to be used by children at play. 13. "TRACE CONTAMINANT" MEANS A TRACE AMOUNT OF A CHEMICAL OR CHEMI- CALS THAT IS INCIDENTAL TO MANUFACTURING, INCLUDING AN UNINTENDED BY-PRODUCT OF CHEMICAL REACTIONS DURING THE MANUFACTURE OF THE CHIL- S. 7505--B 93 A. 9505--B DREN'S PRODUCT, A TRACE IMPURITY IN FEED-STOCK, AN INCOMPLETELY REACTED CHEMICAL MIXTURE, OR A DEGRADATION PRODUCT. 14. "VERY PERSISTENT" MEANS HAVING A HALF-LIFE GREATER THAN OR EQUAL TO ONE OF THE FOLLOWING: (A) A HALF-LIFE IN SOIL OR SEDIMENT OF GREATER THAN ONE HUNDRED EIGHTY DAYS; (B) A HALF-LIFE GREATER THAN OR EQUAL TO SIXTY DAYS IN WATER OR EVIDENCE OF LONG-RANGE TRANSPORT. 15. "VERY BIOACCUMULATIVE" MEANS HAVING A BIOCONCENTRATION FACTOR OR BIOACCUMULATION FACTOR GREATER THAN OR EQUAL TO FIVE THOUSAND, OR IF NEITHER ARE AVAILABLE, HAVING A LOG KOW GREATER THAN 5.0. § 37-0903. [Consumer notice. 1. Publishing of lists. Within one hundred eighty days of the effec- tive date of this title, the department shall post lists of dangerous chemicals and chemicals of concern on the department's website. 2. Periodic review. (a) The department, in consultation with the department of health, shall periodically review the list of dangerous chemicals and, may through regulation, add or remove dangerous chemicals or chemicals of concern from such lists. (b) The department, in consultation with the department of health, may identify a chemical as a dangerous chemical if, upon such review, it is present in a children's product and meets any of the following criteria: (i) The chemical or its metabolites have been found through biomoni- toring to be present in humans; (ii) The chemical has been found through sampling and analysis to be present in household dust, indoor air, drinking water or elsewhere in the home environment; (iii) The chemical has been found through monitoring to be present in fish, wildlife or the natural environment; or (iv) The sale or use of the chemical or a children's product contain- ing the chemical has been banned in another state or states within the United States because of the health effects of such chemical. (c) The department, in consultation with the department of health, may remove a chemical from the list of dangerous chemicals if, upon review, it determines on the basis of credible scientific evidence that such chemical no longer meets the criteria for listing under paragraph (b) of this subdivision. (d) The department, in consultation with the department of health shall identify a chemical as a chemical of concern if, upon review, it determines that the chemical has been identified by a state, federal or international governmental entity on the basis of credible scientific evidence as: (i) A carcinogen, reproductive or developmental toxicant, neurotoxi- cant, asthmagen, or endocrine disruptor; (ii) Persistent, bioaccumulative and toxic; or (iii) Very persistent and very bioaccumulative.] APPLICABILITY. 1. NEW CHILDREN'S PRODUCTS. THE PROVISIONS OF THIS TITLE SHALL APPLY TO CHEMICALS OF CONCERN AND HIGH-PRIORITY CHEMICALS IN CHILDREN'S PRODUCTS SOLD OR DISTRIBUTED AS NEW AND DOES NOT APPLY TO USED CHIL- DREN'S PRODUCTS THAT ARE SOLD OR DISTRIBUTED FOR FREE AT SECONDHAND STORES, YARD SALES, ON THE INTERNET OR DONATED TO CHARITIES. 2. EXCEPTIONS. (A) THE REQUIREMENTS OF THIS TITLE SHALL NOT APPLY TO HIGH PRIORITY CHEMICALS USED IN OR FOR INDUSTRY OR MANUFACTURING, INCLUDING CHEMICALS PROCESSED OR OTHERWISE USED IN OR FOR INDUSTRIAL OR MANUFACTURING PROCESSES AND NOT INCLUDED IN THE FINAL PRODUCT. (B) COMBUSTION. THE REQUIREMENTS OF THIS TITLE SHALL NOT APPLY TO HIGH-PRIORITY CHEMICALS GENERATED SOLELY AS COMBUSTION BY-PRODUCTS OR THAT ARE PRESENT IN COMBUSTIBLE FUELS. S. 7505--B 94 A. 9505--B (C) SMALL BUSINESS EXCEPTION. THE REQUIREMENTS OF THIS TITLE SHALL NOT APPLY TO CHILDREN'S PRODUCT MANUFACTURERS THAT EMPLOY FIVE PERSONS OR FEWER AND ARE INDEPENDENTLY OWNED AND OPERATED. (D) RETAILERS. A RETAILER IS EXEMPT FROM THE REQUIREMENTS OF THIS TITLE UNLESS THAT RETAILER KNOWINGLY SELLS A CHILDREN'S PRODUCT CONTAIN- ING A HIGH-PRIORITY CHEMICAL AFTER THE EFFECTIVE DATE OF ITS PROHIBITION FOR WHICH THAT RETAILER HAS RECEIVED NOTIFICATION PURSUANT TO SECTION 37-0913 OF THIS TITLE. § 37-0905. CHEMICALS OF CONCERN AND HIGH-PRIORITY CHEMICALS. 1. CHEMICALS OF CONCERN. (A) WITHIN TWO YEARS OF THE EFFECTIVE DATE OF THIS TITLE, THE DEPART- MENT, IN CONSULTATION WITH THE DEPARTMENT OF HEALTH, SHALL PROMULGATE A LIST OF CHEMICALS OF CONCERN. A CHEMICAL MAY BE LISTED AS A CHEMICAL OF CONCERN IF IT HAS BEEN IDENTIFIED BY A GOVERNMENT ENTITY AND/OR IDENTI- FIED ON THE BASIS OF CREDIBLE SCIENTIFIC EVIDENCE AS BEING: (I) A CARCINOGEN, REPRODUCTIVE OR DEVELOPMENTAL TOXICANT, NEUROTOXI- CANT, ASTHMAGEN, OR ENDOCRINE DISRUPTOR; (II) PERSISTENT, BIOACCUMULATIVE AND TOXIC; OR (III) VERY PERSISTENT AND VERY BIOACCUMULATIVE. (B) THE DEPARTMENT SHALL REVIEW LISTS CODIFIED OR PROMULGATED IN OTHER STATES AS CHEMICALS OF CONCERN TO DETERMINE IF SUCH CHEMICALS MEET THE CRITERIA OF PARAGRAPH (A) OF THIS SUBDIVISION. THE DEPARTMENT AT A MINI- MUM SHALL CONSIDER: (I) 1,1,2,2-TETRACHLOROETHANE (CAS 79-34-5) (II) 1,1,3,3-TETRAMETHYL-4-BUTYLPHENOL; 4-TERT-OCTYLPHENOL (CAS 140-66-9) (III) 1,4-DIOXANE (CAS 123-91-1) (IV) 2,2',3,3',4,4',5,5',6,6'-DECABROMODIPHENYL ETHER; BDE-209 (CAS 1163-19-5) (V) 2,4-DIAMINOTOLUENE (CAS 95-80-7) (VI) 2-AMINOTOLUENE (CAS 95-53-4) (VII) 2-ETHYLHEXANOIC ACID (CAS 149-57-5) (VIII) 2-ETHYL-HEXYL-2, 3, 4, 5 TETRABROMOBENZOATE (TBB) (CAS 183658- 27-7) (IX) 2-ETHYL-HEXYL-4-METHOXYCINNAMATE (CAS 5466-77-3) (X) 2-METHOXYETHANOL (CAS 109-86-4) (XI) 3,3'-DIMETHYLBENZIDINE AND DYES METABOLIZED TO 3,3'-DIMETHYLBENZIDINE (CAS 119-93-7) (XII) 4-NONYLPHENOL; 4-NP AND ITS ISOMER MIXTURES INCLUDING CAS 84852-15-3 AND CAS 25154-52-3 (CAS 104-40-5) (XIII) ACETALDEHYDE (CAS 75-07-0) (XIV) ACRYLONITRILE (CAS 107-13-1) (XV) ANILINE (CAS 62-53-3) (XVI) ANTIMONY & ANTIMONY COMPOUNDS (CAS 7440-36-0) (XVII) ARSENIC & ARSENIC COMPOUNDS (CAS 7440-38-2) INCLUDING ARSENIC TRIOXIDE & DIMETHYL ARSENIC (CAS 75-60-5) (XVIII) ASBESTOS (CAS 1332-21-4) (XIX) BENZENE (CAS 71-43-2) (XX) BENZENE, PENTACHLORO (CAS 608-93-5) (XXI) BENZOPHENONE-2 (BP-2); 2,2',4,4'-TETRAHYDROXYBENZOPHENONE (CAS 131-55-5) (XXII) BIS(2-ETHYLHEXYL) TETRABROMOPHTALATE (TBPH) (CAS 26040-51-7) (XXIII) BIS(CHLOROMETHYL) PROPANE-1-3-DIYLTETRAKIS-(2-CHLOROETHYL) BIS(PHOSPHATE)(V6)(CAS 38051-10-4) (XXIV) BISPHENOL A (CAS 80-05-7) (XXV) BISPHENOL F (CAS 620-92-8) S. 7505--B 95 A. 9505--B (XXVI) BISPHENOL S (CAS 80-09-1) (XXVII) BUTYL BENZYL PHTHALATE (BBP) (CAS 85-68-7) (XXVIII) BUTYLATED HYDROXYANISOLE; (BHA) (CAS 25013-16-5) (XXIX) C.I. SOLVENT YELLOW 14 (CAS 842-07-9) (XXX) CADMIUM & CADMIUM COMPOUNDS (CAS 7440-43-9) (XXXI) CARBON DISULFIDE (CAS 75-15-0) (XXXII) CHLORINATED PARAFFINS (CAS 108171-26-2) (XXXIII) COBALT & COBALT COMPOUNDS (CAS 7440-48-4) (XXXIV) DECABROMODIPHENYL ETHANE (DBPE) (CAS 84852-53-9) (XXXV) DI-2-ETHYLHEXYL PHTHALATE (CAS 117-81-7) (XXXVI) DI-(2-METHOXYETHYL) PHTHALATE (DMEP) (CAS 117-82-8) (XXXVII) DICYCLOHEXYL PHTHALATE (DCHP) (CAS 84-61-7) (XXXVIII) DIETHYL PHTHALATE (CAS 84-66-2) (XXXIX) DIISOBUTYL PHTHALATE (DIBP) (CAS 84-69-5) (XL) DI-N-HEXYL PHTHALATE (CAS 84-75-3) (XLI) DI-N-OCTYL PHTHALATE (DNOP) (CAS 117-84-0) (XLII) DIPENTYL PHTHALATE (DPP) (CAS 131-18-0) (XLIII) ETHYLENE GLYCOL (CAS 107-21-1) (XLIV) ETHYLENE GLYCOL MONOETHYL ESTER (CAS 110-80-5) (XLV) ETHYL HEXYL D-PHENOL PHOSPHATE (EHDPP) (CAS 1241-94-7) (XLVI) FORMALDEHYDE (CAS 50-0-0) (XLVII) HEXABROMOCYCLODODECANE (HBCD) (CAS 25637-99-4) (XLVIII) HEXACHLOROBENZENE (CAS 118-74-1) (XLIX) HEXACHLOROBUTADIENE (CAS 87-68-3) (L) ISOPROPYLATED TRIPHENYL PHOSPHATE (IPTPP) (CAS 68437-41-7) (LI) MERCURY & MERCURY COMPOUNDS (CAS 7439-97-6) INCLUDING METHYL MERCURY (CAS 22967-92-6) (LII) METHYL ETHYL KETONE (CAS 78-93-3) (LIII) METHYL PARABEN (CAS 99-76-3) (LIV) METHYLENE CHLORIDE (CAS 75-09-2) (LV) N-METHYLPYRROLIDONE (CAS 872-50-4) (LVI) NICKEL AND NICKEL COMPOUNDS (CAS N/A) (LVII) N-NITROSODIMETHYLAMINE (CAS 62-75-9) (LVIII) N-NITROSODIPHENYLAMINE (CAS 86-30-6) (LVIX) PERCHLOROETHYLENE (CAS 127-18-4) (LX) PERFLUOROOCTANOIC ACID (PFOA & RELATED SUBSTANCES) (CAS 335-67-1) (LXI) PERFLUOROOCTANYL SULPHONIC ACID AND ITS SALTS (PFOS) (CAS 1763- 23-1) (LXII) PHENOL (CAS 108-95-2) (LXIII) PHENOL, 4-OCTYL- (CAS 1806-26-4) (LXIV) P-HYDROXYBENZOIC ACID (CAS 99-96-7) (LXV) PROPYL PARABEN (CAS 94-13-3) (LXVI) STYRENE (CAS 100-42-5) (LXVII) TETRABROMOBISPHENOL A (CAS 79-94-7) (LXVIII)TETRACHLOROETHENE (CAS 127-18-4) (LXIX) TOLUENE (CAS 108-88-3) (LXX) TRICRESYL PHOSPHATE (TCP) (CAS 1330-78-5) (LXXI) TRI-N-BUTYL PHOSPHATE (TNBP) (CAS 126-73-8) (LXXII) TRIPHENYL PHOSPHATE (TPP) (CAS 115-86-6) (LXXIII) TRIS(1-CHLORO-2-PROPYL) PHOSPHATE (TCPP) (CAS 13674-84-5) (LXXIV) TRIS(2-CHLOROETHYL) PHOSPHATE (CAS 115-96-8) (LXXV) TRIS(2,3-DIBROMOPROPYLPHOSPHATE) (CAS 126-72-7) (LXXVI) VINYL CHLORIDE (CAS 75-01-4) (LXXVII) ORGANOHALOGEN FLAME RETARDANTS (C) THE DEPARTMENT, IN CONSULTATION WITH THE DEPARTMENT OF HEALTH, SHALL PERIODICALLY REVIEW THE LIST OF CHEMICALS OF CONCERN AND MAY S. 7505--B 96 A. 9505--B THROUGH REGULATION ADD OR REMOVE A CHEMICAL FROM THE LIST ON THE BASIS OF CREDIBLE SCIENTIFIC EVIDENCE. THE DEPARTMENT MAY REMOVE A CHEMICAL FROM THE LIST OF CHEMICALS OF CONCERN IF, UPON REVIEW, IT DETERMINES ON THE BASIS OF CREDIBLE SCIENTIFIC EVIDENCE THAT SUCH CHEMICAL NO LONGER MEETS THE CRITERIA FOR LISTING UNDER PARAGRAPH (A) OF THIS SUBDIVISION. 2. HIGH-PRIORITY CHEMICALS. (A) THE FOLLOWING CHEMICALS ARE DESIGNATED HIGH PRIORITY CHEMICALS FOR PURPOSES OF THIS TITLE: (I) TRIS (1, 3 DICHLORO-2-PROPYL) PHOSPHATE (CAS 13674-87-8) (II) BENZENE (CAS 71-43-2) (III) MERCURY AND MERCURY COMPOUNDS, INCLUDING METHYL MERCURY (CAS 7439-97-6) (IV) ASBESTOS (CAS 1332-21-4) (V) ARSENIC AND ARSENIC COMPOUNDS (CAS 7440-38-2) INCLUDING ARSENIC TRIOXIDE (CASRN 1327-53-3) AND DIMETHYL ARSENIC (CASRN 75-60-5) (VI) CADMIUM (CAS 7440-43-9) (OTHER THAN TOY COATINGS) (VII) ORGANOHALOGEN FLAME RETARDANTS IN UPHOLSTERED BEDDING OR FURNI- TURE (B) THE DEPARTMENT SHALL PERIODICALLY REVIEW THE LIST OF HIGH PRIORITY CHEMICALS AND MAY BY RULE ADD TO THE LIST OF HIGH-PRIORITY CHEMICALS IF THE CRITERIA OF PARAGRAPH (A) OF SUBDIVISION ONE OF THIS SECTION ARE MET AND THE CHEMICAL IS PRESENT IN A CHILDREN'S PRODUCT AND MEETS ANY OF THE FOLLOWING CRITERIA: (I) THE CHEMICAL OR ITS METABOLITES HAVE BEEN FOUND THROUGH BIOMONI- TORING TO BE PRESENT IN HUMANS; (II) THE CHEMICAL HAS BEEN FOUND THROUGH SAMPLING AND ANALYSIS TO BE PRESENT IN HOUSEHOLD DUST, INDOOR AIR, DRINKING WATER OR ELSEWHERE IN THE HOME ENVIRONMENT; (III) THE CHEMICAL HAS BEEN FOUND THROUGH MONITORING TO BE PRESENT IN FISH, WILDLIFE OR THE NATURAL ENVIRONMENT; OR (IV) THE SALE OR USE OF THE CHEMICAL OR A CHILDREN'S PRODUCT CONTAIN- ING THE CHEMICAL HAS BEEN BANNED IN ANOTHER STATE OR STATES WITHIN THE UNITED STATES BECAUSE OF THE HEALTH EFFECTS OF SUCH CHEMICAL OR THE CHILDREN'S PRODUCT SAFETY COUNCIL ESTABLISHED PURSUANT TO SECTION 37-0911 OF THIS TITLE HAS RECOMMENDED THE CHEMICAL BE LISTED AS A HIGH- PRIORITY CHEMICAL. THE DEPARTMENT SHALL, AS PART OF ITS PERIODIC REVIEW, CONSIDER WHETHER THE SALE OR USE OF A CHEMICAL OR A CHILDREN'S PRODUCT CONTAINING THE CHEMICAL HAS BEEN BANNED IN ANOTHER STATE OR WITHIN THE UNITED STATES BECAUSE OF THE HEALTH EFFECTS OF SUCH CHEMICAL. (C) THE DEPARTMENT, IN CONSULTATION WITH THE DEPARTMENT OF HEALTH, MAY REMOVE A CHEMICAL FROM THE LIST OF HIGH PRIORITY CHEMICALS IF IT DETER- MINES ON THE BASIS OF CREDIBLE SCIENTIFIC EVIDENCE THAT SUCH CHEMICAL NO LONGER MEETS THE CRITERIA OF PARAGRAPH (B) OF THIS SUBDIVISION. § [37-0905.] 37-0907. Reporting on the use of chemicals. 1. Reporting of chemical use. No later than twelve months after a [dangerous] CHEMICAL OF CONCERN OR HIGH-PRIORITY chemical appears on the [list published] LISTS PROMULGATED pursuant to section [37-0903] 37-0905 of this title, every manufacturer who offers a children's product for sale or distribution in this state that contains a [dangerous chemical or] chemical of concern OR A HIGH-PRIORITY CHEMICAL shall report such chemical use at OR ABOVE practical quantification limits to the depart- ment, PROVIDED HOWEVER, THAT THE DEPARTMENT MAY, THROUGH REGULATION, ESTABLISH AN ALTERNATIVE THRESHOLD FOR THE REPORTING OF TRACE CONTAM- INANTS. (a) This report must at a minimum identify the children's product, the [dangerous] HIGH-PRIORITY chemical or chemicals of concern contained in S. 7505--B 97 A. 9505--B the children's product and the intended purpose of such chemicals. The department may also require reporting of the following information: (i) the amount of such chemical in the children's product; or (ii) information on the likelihood that the chemical will be released from the children's product to the environment during the product's life cycle and the extent to which users of the product are likely to be exposed to the chemical. (b) The department is authorized to direct submission of such report to the interstate chemicals clearinghouse AND MAY OTHERWISE PROVIDE FOR RECIPROCAL DATA SHARING WITH OTHER STATES WHICH REQUIRE REPORTING OF THE SAME INFORMATION. 2. Waiver of reporting. Upon application by a manufacturer, the commissioner may waive all or part of the reporting requirements under subdivision one of this section for one or more specified uses of a [dangerous] HIGH-PRIORITY chemical. In making such determination, the commissioner may consider: (a) if substantially equivalent information is already publicly available or that the information is not needed for the purposes of this chapter, (b) similar waivers granted by other states, and (c) whether the specified use or uses are minor in volume. 3. [Notice. (a) A manufacturer of a children's product containing a dangerous chemical shall notify persons that offer the children's prod- uct for sale or distribution in the state, in a form prescribed by the department, of the presence of such dangerous chemical, and provide such persons with information regarding the toxicity of such chemical. (b) The department shall notify consumers about children's products containing chemicals of concern and dangerous chemicals. The notifica- tion shall be published on the department's website. 4.] Fees. The manufacturer shall pay a fee upon submission of a report of chemical use pursuant to subdivision one of this section or a waiver request pursuant to subdivision two of this section to cover the department's reasonable costs in the administration and enforcement of this title. Exclusive of fines and penalties, the state shall only recover its actual cost of administration and enforcement. § [37-0907.] 37-0909. Sales prohibition. 1. Effective January first, two thousand twenty-three, no person shall distribute, sell or offer for sale in this state a children's product [containing] IN WHICH tris (1, 3 dichloro-2-propyl) phosphate (CAS 13674-87-8), benzene (CAS 71-43-2), [formaldehyde (other than in textiles)], OR asbestos[, and organohalogen flame retardents] (CAS 1332-21-4) IS INTENTIONALLY ADDED. This provision shall not apply: (a) to a children's product solely based on its containing an enclosed battery or enclosed electronic components [and]; (b) where state regu- lation of children's products is preempted by federal law; (C) WHERE THE CHEMICAL IS PRESENT AS A TRACE CONTAMINANT; OR (D) TO AN INACCESSIBLE COMPONENT OF A CHILDREN'S PRODUCT THAT DURING REASONABLE, FORESEEABLE USE AND ABUSE OF THE PRODUCT WOULD NOT COME INTO DIRECT CONTACT WITH A CHILD'S SKIN OR MOUTH, AS DETERMINED BY THE DEPARTMENT. The commissioner may exempt a children's product from this prohibition if, in the commis- sioner's judgment, the lack of availability of the children's product could pose an unreasonable risk to public health, safety or welfare. 2. [Effective three years after being added to the dangerous chemicals list, no person shall distribute, sell, or offer for sale in this state a children's product that contains a chemical added to the dangerous chemicals list pursuant to section 37-0903 of this title] (A) TO THE EXTENT ALLOWED BY FEDERAL LAW, THE DEPARTMENT MAY, BY REGULATION, PROHIBIT THE DISTRIBUTION, SALE, OR OFFER FOR SALE IN THIS STATE OF A S. 7505--B 98 A. 9505--B CHILDREN'S PRODUCT THAT CONTAINS A CHEMICAL ADDED TO THE HIGH-PRIORITY CHEMICALS LIST PURSUANT TO SECTION 37-0905 OF THIS TITLE, OR A CHEMICAL RECOMMENDED FOR PROHIBITION BY THE CHILDREN'S PRODUCT SAFETY COUNCIL PURSUANT TO PARAGRAPH (B) OF SUBDIVISION FIVE OF SECTION 37-0911 OF THIS TITLE. (B) IN DEVELOPING RULES TO PROHIBIT A CHEMICAL PURSUANT TO THIS SUBDI- VISION, THE DEPARTMENT SHALL RELY ON CREDIBLE SCIENTIFIC EVIDENCE AND CONSIDER INFORMATION RELEVANT TO THE HAZARDS BASED ON THE QUANTITATIVE EXTENT OF POTENTIAL EXPOSURES TO THE CHEMICAL UNDER ITS INTENDED OR REASONABLY ANTICIPATED CONDITIONS OF USE. § 37-0911. CHILDREN'S PRODUCT SAFETY COUNCIL; ESTABLISHED. 1. THERE SHALL BE ESTABLISHED, WITHIN THE DEPARTMENT, THE CHILDREN'S PRODUCT SAFETY COUNCIL. SUCH COUNCIL SHALL BE COMPOSED OF TEN MEMBERS AS FOLLOWS: (A) THE COMMISSIONER, OR THE COMMISSIONER'S DESIGNEE, WHO SHALL BE THE CHAIR OF THE COUNCIL; (B) THE COMMISSIONER OF HEALTH OR HIS OR HER DESIGNEE; (C) A DESIGNEE OF THE COMMISSIONER WITH EXPERTISE IN EPIDEMIOLOGY, TOXICOLOGY OR HEALTH RISK ASSESSMENT; (D) A DESIGNEE OF THE COMMISSIONER OF HEALTH WITH EXPERTISE IN EPIDE- MIOLOGY, TOXICOLOGY OR HEALTH RISK ASSESSMENT; AND (E) SIX MEMBERS APPOINTED BY THE GOVERNOR, TWO OF WHOM SHALL BE RECOM- MENDED BY THE TEMPORARY PRESIDENT OF THE SENATE, AND TWO BY THE SPEAKER OF THE ASSEMBLY. 2. (A) OF THE FOUR MEMBERS APPOINTED TO THE CHILDREN'S PRODUCT SAFETY COUNCIL AND RECOMMENDED BY THE TEMPORARY PRESIDENT OF THE SENATE AND THE SPEAKER OF THE ASSEMBLY, THE TEMPORARY PRESIDENT OF THE SENATE AND THE SPEAKER OF THE ASSEMBLY SHALL EACH RECOMMEND: (I) ONE MEMBER WHO HAS EXPERTISE IN PEDIATRICS; AND (II) ONE MEMBER WHO HAS A BACKGROUND OR EXPERTISE IN TOXICOLOGY OR HEALTH RISK ASSESSMENT. (B) OF THE TWO ADDITIONAL MEMBERS APPOINTED TO THE CHILDREN'S PRODUCT SAFETY COUNCIL, THE GOVERNOR SHALL APPOINT MEMBERS WHO HAVE A BACKGROUND IN ENVIRONMENTAL HEALTH AND SAFETY, RISK ASSESSMENT OR MEDICINE. (C) THE MEMBERS OF SUCH COUNCIL APPOINTED PURSUANT TO PARAGRAPH (E) OF SUBDIVISION ONE OF THIS SECTION SHALL SERVE TERMS OF TWO YEARS. (D) THE MEMBERS APPOINTED PURSUANT TO PARAGRAPH (E) OF SUBDIVISION ONE OF THIS SECTION SHALL EACH SERVE HIS OR HER TERM OF OFFICE OR UNTIL HIS OR HER SUCCESSOR IS APPOINTED; PROVIDED THAT ANY VACANCY IN THE POSITION OF AN APPOINTED MEMBER SHALL BE FILLED IN THE SAME MANNER AS THE ORIGINAL APPOINTMENT AND ONLY FOR THE UNEXPIRED TERM OF THE VACANCY. 3. THE MEMBERS OF THE CHILDREN'S PRODUCT SAFETY COUNCIL 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 TITLE. 4. THE CHILDREN'S PRODUCT SAFETY COUNCIL SHALL MEET AT SUCH TIMES AND PLACES AS MAY BE DETERMINED BY ITS CHAIR. THE COUNCIL SHALL MEET AT A MINIMUM OF TWO TIMES PER YEAR. ALL MEETINGS SHALL BE OPEN TO THE PUBLIC PURSUANT TO ARTICLE SEVEN OF THE PUBLIC OFFICERS LAW. A MAJORITY OF THE MEMBERS OF SUCH COUNCIL SHALL CONSTITUTE A QUORUM FOR THE TRANSACTION OF BUSINESS. ACTION MAY BE TAKEN, AND MOTIONS AND RESOLUTIONS ADOPTED, AT ANY MEETING BY THE AFFIRMATIVE VOTE OF A MAJORITY OF THE FULL MEMBERSHIP OF THE COUNCIL. 5. (A) THE COUNCIL SHALL MAKE RECOMMENDATIONS TO THE DEPARTMENT RELAT- ING TO THOSE CHEMICALS, WHICH THE DEPARTMENT MAY LIST AS HIGH-PRIORITY CHEMICALS PURSUANT TO SECTION 37-0905 OF THIS TITLE. THE COUNCIL SHALL S. 7505--B 99 A. 9505--B PROVIDE THE DEPARTMENT WITH ITS FIRST LIST OF RECOMMENDED HIGH-PRIORITY CHEMICALS NO LATER THAN ONE YEAR FROM THE INITIAL MEETING OF THE COUN- CIL, AND THE COUNCIL SHALL UPDATE THE LIST ANNUALLY THEREAFTER. IN DETERMINING WHAT CHEMICALS SHALL BE RECOMMENDED AS HIGH-PRIORITY CHEMI- CALS THE COUNCIL SHALL, AT A MINIMUM, CONSIDER THE CRITERIA OF PARAGRAPH (B) OF SUBDIVISION TWO OF SECTION 37-0905 OF THIS TITLE; (B) THE COUNCIL SHALL MAKE RECOMMENDATIONS TO THE DEPARTMENT RELATING TO THOSE CHEMICALS WHICH SHOULD BE PROHIBITED BY THE DEPARTMENT PURSUANT TO SUBDIVISION TWO OF SECTION 37-0909 OF THIS TITLE. (I) IN DETERMINING WHAT CHEMICALS SHALL BE RECOMMENDED FOR PROHIBI- TION, THE COUNCIL SHALL, AT A MINIMUM, CONSIDER THOSE CHEMICALS LISTED AS HIGH-PRIORITY CHEMICALS PURSUANT TO SECTION 37-0905 OF THIS TITLE. (II) THE COUNCIL SHALL PROVIDE THE DEPARTMENT WITH ITS FIRST LIST OF SUCH CHEMICALS NO LATER THAN TWO YEARS FROM THE INITIAL MEETING OF THE COUNCIL. THE COUNCIL SHALL UPDATE THE LIST, INCLUDING A REVIEW OF THE CHEMICALS LISTED AS HIGH-PRIORITY CHEMICALS PURSUANT TO SECTION 37-0905 OF THIS TITLE, ANNUALLY THEREAFTER. 6. THE CHILDREN'S PRODUCT SAFETY COUNCIL SHALL BE ENTITLED TO REQUEST AND RECEIVE INFORMATION FROM ANY STATE, MUNICIPAL DEPARTMENT, BOARD, COMMISSION OR AGENCY THAT MAY BE REQUIRED OR ARE DEEMED NECESSARY FOR THE PURPOSES OF SUCH COUNCIL. 7. BEFORE THE COUNCIL ADVANCES ANY RECOMMENDATION TO THE DEPARTMENT, THE COUNCIL SHALL PROVIDE AN OPPORTUNITY FOR PUBLIC AND STAKEHOLDER COMMENTS. FINAL RECOMMENDATIONS OF THE COUNCIL SHALL BE POSTED ON THE DEPARTMENT'S WEBSITE WITHIN THIRTY DAYS AFTER THE COUNCIL ADOPTS SUCH RECOMMENDATIONS. [This provision shall not apply: (a) to a children's product solely based on its containing an enclosed battery or enclosed electronic components and (b) where state regulation of children's products is preempted by federal law. The commissioner may exempt a children's product from this prohibition if, in the commissioner's judgment, the lack of availability of the children's product could pose an unreason- able risk to public health, safety or welfare. § 37-0909. Applicability. 1. New children's products. The provisions of this title shall apply to chemicals in children's products sold or distributed as new and does not apply to used children's products that are sold or distributed for free at secondhand stores, yard sales, on the internet or donated to charities. 2. Industry. The requirements of this title shall not apply to priori- ty chemicals used in or for industry or manufacturing, including chemi- cals processed or otherwise used in or for industrial or manufacturing processes and not included in the final product. 3. Transportation. The requirements of this title shall not apply to motor vehicles or their component parts, watercraft or their component parts, all terrain vehicles or their component parts, or off-highway motorcycles or their component parts, except that the use of dangerous chemicals in detachable car seats is not exempt. 4. Combustion. The requirements of this title shall not apply to dangerous chemicals generated solely as combustion by-products or that are present in combustible fuels. 5. Exceptions. The requirements of this title shall not apply to chil- dren's product makers that employ five persons or fewer, and are inde- pendently owned and operated. 6. Retailers. A retailer is exempt from the requirements of this title unless that retailer knowingly sells a children's product containing a S. 7505--B 100 A. 9505--B dangerous chemical after the effective date of its prohibition for which that retailer has received notification pursuant to subdivision three of section 37-0905 of this title.] § 37-0913. NOTICE TO RETAILERS AND THE PUBLIC. 1. A MANUFACTURER OF A CHILDREN'S PRODUCT CONTAINING A HIGH-PRIORITY CHEMICAL SHALL NOTIFY PERSONS THAT OFFER THE CHILDREN'S PRODUCT FOR SALE OR DISTRIBUTION IN THE STATE, IN A FORM PRESCRIBED BY THE DEPARTMENT, OF THE USE OF SUCH HIGH-PRIORITY CHEMICAL AND PROVIDE SUCH PERSONS WITH INFORMATION REGARDING THE TOXICITY OF SUCH CHEMICAL, EXCEPT THAT THIS SUBDIVISION SHALL APPLY TO TRACE CONTAMINANTS IN A MANNER CONSISTENT WITH SECTION 37-0907 OF THIS TITLE. 2. THE DEPARTMENT SHALL PROVIDE INFORMATION TO THE PUBLIC ABOUT CHIL- DREN'S PRODUCTS CONTAINING CHEMICALS OF CONCERN OR HIGH PRIORITY CHEMI- CALS BY POSTING SUCH INFORMATION AS REPORTED BY THE MANUFACTURERS ON THE DEPARTMENT'S WEBSITE, PROVIDED HOWEVER, THAT THE DEPARTMENT SHALL NOT BE HELD LIABLE FOR THE ACCURACY OF A MANUFACTURER'S REPORT. § [37-0911.] 37-0915. Enforcement and implementation. 1. Failure to provide notice. A children's product containing a [dangerous] HIGH-PRIORITY chemical may not be sold, offered for sale or distributed for sale in this state unless the manufacturer has provided [the notification] A REPORT TO THE DEPARTMENT required under section [37-0905] 37-0907 of this title by the date required in such section. The commissioner may exempt a children's product from this prohibition if, in the commissioner's judgment, the lack of availability of the children's product could pose an unreasonable risk to public health, safety or welfare. 2. Statement of compliance. [If there are grounds to suspect that a children's product is being offered for sale in violation of this title, the] THE department may request the manufacturer of the children's prod- uct to provide a statement of compliance on a form provided by the department, within [ten] FIFTEEN days of receipt of a request from the department. The statement of compliance shall: (a) attest that the children's product does not contain the [danger- ous] HIGH-PRIORITY chemical; or (b) attest [and provide the department with documentation] that notification [of the presence of the dangerous chemical has been provided to the department or provide notice as required by section 37-0905 of this title] REQUIRED BY SECTION 37-0913 OF THIS TITLE HAS BEEN PROVIDED; [or] (c) attest that the manufacturer has notified persons who sell the product in this state that the sale of the children's product is prohib- ited; (D) ATTEST THAT THE PRESENCE OF A HIGH-PRIORITY CHEMICAL IS ONLY AS A TRACE CONTAMINANT; OR (E) ATTEST THAT THE CHEMICAL PROHIBITED PURSUANT TO SUBDIVISION TWO OF SECTION 37-0909 OF THIS TITLE IS ONLY PRESENT IN AN INACCESSIBLE COMPO- NENT OF THE CHILDREN'S PRODUCT. § [37-0913.] 37-0917. Regulations. The department may adopt any rules and regulations it deems necessary to implement the provisions of this title. § 2. This act shall take effect on the same date and in the same manner as a chapter of the laws of 2019 amending the environmental conservation law relating to regulation of toxic chemicals in children's products, as proposed in legislative bills numbers S. 501-B and A. 6296-A, takes effect. S. 7505--B 101 A. 9505--B SUBPART BB Section 1. Section 58.10 of the local finance law, as added by chapter 643 of the laws of 2019, is amended to read as follows: § 58.10 Electronic open auction public bond sale pilot program. a. As used in this section: 1. "Municipality" means a county with a population of four hundred thousand or more, or a city or town with a population of one hundred thousand or more that has issued at least twenty-five million dollars in bonds within at least one of the preceding three years. 2. "Nationally recognized electronic securities bidding service" means a bidding service that is approved by the [state comptroller] SUPER- INTENDENT pursuant to subdivision b of this section. 3. "Open auction" means a bond sale procedure that allows a bidder to receive information with respect to the ranking of its bids prior to the conclusion of the bidding period in accordance with the municipality's notice of such bond sale circulated in accordance with applicable requirements of this chapter. 4. "Program" means the electronic open auction public bond sale pilot program established pursuant to this section. 5. "SUPERINTENDENT" MEANS THE SUPERINTENDENT OF FINANCIAL SERVICES. b. 1. There is hereby established an electronic open auction bond sale pilot program authorizing municipalities to conduct open auction public bond sales through any nationally recognized electronic securities bidding service approved by the [state comptroller] SUPERINTENDENT. Nationally recognized electronic securities bidding services desiring to operate an electronic open auction shall apply to the [state comp- troller] SUPERINTENDENT for authorization to do so by filing an applica- tion with the [state comptroller] SUPERINTENDENT. The [state comp- troller] SUPERINTENDENT shall make available an application form that provides the [state comptroller] SUPERINTENDENT with information regard- ing the technology and security practices maintained by the nationally recognized electronic securities bidding service, the requirements to be established for bidding by bidders, the methods by which auction sales are conducted, the experience of the nationally recognized electronic securities bidding service in conducting electronic open auctions of bonds, and other information the [state comptroller] SUPERINTENDENT may deem relevant. 2. If the [state comptroller] SUPERINTENDENT determines that the requirements and conditions of the open auction are in accordance with the provisions of this chapter and the bidding service provides a secure, open and competitive opportunity for qualified bidders to submit proposals, the application shall be deemed approved. 3. The [state comptroller] SUPERINTENDENT shall post information regarding the nationally recognized electronic securities bidding services that have been approved for use by municipalities on the [state comptroller] DEPARTMENT OF FINANCIAL SERVICES website. c. If the chief fiscal officer of the municipality has authorized the receipt of bids in an electronic open auction format, such electronic bids may be submitted in the form of open auctions conducted through a nationally recognized electronic securities bidding service which entity shall be deemed to be the designated receiving device pursuant to section 58.00 of this title. Notice of any bond sale shall provide for the manner in which the bidding period may be extended and the basis for determination of the winning bidder. S. 7505--B 102 A. 9505--B d. Notwithstanding the provisions of subdivision one of section three hundred five of the state technology law, if the notice of sale for the open auction public bond contains a provision that bids will only be accepted electronically in the manner provided in such notice of sale, the municipality shall not be required to accept non-electronic bids in any form. e. The municipality's chief fiscal officer shall administer the program and shall publish its policies and procedures for the procure- ment of nationally recognized electronic securities bidding services on the municipality's internet website. Such policies and procedures shall include policies to prevent fraud. Except as modified by this section, the municipal program shall comply with this chapter and all other applicable laws, rules and regulations related to the sale of bonds. f. The municipality's chief fiscal officer shall review the electronic open auction bidding process to ensure that the bond sale was completed in a timely fashion; the sale was completed without errors; and the process was favorable as compared to the method currently used by the municipality. g. The municipality shall conduct evaluations of the program annually with a summary evaluation at the end of the two year program. The muni- cipality shall submit the evaluations to the [state comptroller] SUPER- INTENDENT, the temporary president of the senate and the speaker of the assembly. Such report shall include, but not be limited to, any demon- strated evidence that sale of public bonds using electronic open auctions is comparable to the cost of issuing public bonds through the current sealed bid process, the fees associated with nationally recog- nized electronic securities bidding services, whether the use of elec- tronic open auctions resulted in an increased number of bidders and whether the process was favorable as compared to the method currently used by the municipality. § 2. This act shall take effect immediately; provided, that the amend- ments to section 58.10 of the local finance law made by section one of this act shall not affect the repeal of such section and shall be deemed to repeal therewith. SUBPART CC Section 1. Section 2 of chapter 9 of the laws of 2020, relating to allowing the commissioner of transportation to impound or immobilize stretch limousines in certain situations, is amended to read as follows: § 2. This act shall take effect [one year] ON THE NINETIETH 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. § 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. S. 7505--B 103 A. 9505--B § 3. This act shall take effect immediately provided, however, that the applicable effective date of Subparts A through CC of this act shall be as specifically set forth in the last section of such Subparts. PART YY Section 1. Subdivisions 1 and 2 of section 3656 of the public authori- ties law, as amended by chapter 685 of the laws of 2003, are amended to read as follows: 1. The authority shall have the power and is hereby authorized from time to time to issue bonds in such principal amounts as it may deter- mine to be necessary pursuant to section thirty-six hundred fifty-five of this title to pay any financeable costs and to fund reserves to secure such bonds, including incidental expenses in connection there- with. Provided, however, [the aggregate principal amounts of such bonds issued to pay the financeable costs described in paragraph (a) of subdi- vision twelve of section thirty-six hundred fifty-one of this title shall not exceed four hundred fifteen million dollars, excluding bonds, notes, or other obligations issued to refund or otherwise repay bonds, notes, or other obligations theretofore issued for such purposes. Notwithstanding the foregoing limit on the amount of bonds that the authority may issue to pay the financeable costs described in paragraph (a) of subdivision twelve of section thirty-six hundred fifty-one of this title, the authority shall have the power to issue up to an addi- tional seven hundred ninety million dollars of bonds, excluding bonds, notes, or other obligations issued to refund or otherwise repay bonds, notes, or other obligations theretofore issued for such purpose, to pay such costs if the county's indebtedness to be refunded, repaid or restructured with the payment of such bonds was originally incurred by the county to pay tax certiorari settlements or assignments of any kind to which the county is a party. Provided further, the aggregate princi- pal amounts of such bonds issued to pay the financeable costs described in paragraph (c) of subdivision twelve of section thirty-six hundred fifty-one of this title, which resulted from certiorari proceedings commenced prior to June first, two thousand, shall not exceed four hundred million dollars, excluding bonds, notes, or other obligations issued to refund or otherwise repay bonds, notes, or other obligations theretofore issued for such purposes. And, provided further,] the aggre- gate principal amounts of such bonds issued to pay the financeable coun- ty costs described in paragraph (c) of subdivision twelve of section thirty-six hundred fifty-one of this title, which resulted from certior- ari proceedings commenced on or after June first, two thousand, shall not exceed [four] EIGHT hundred million dollars in the aggregate [for the fiscal years two thousand through two thousand seven, however, of said four hundred million dollars only fifteen million dollars may be issued in the fiscal year two thousand six and ten million dollars may be issued in the fiscal year two thousand seven], excluding bonds, notes, or other obligations issued to refund or otherwise repay bonds, notes, or other obligations theretofore issued for such purposes. Effec- tive in the year two thousand six, upon request of the county, the authority shall issue, in the amount requested, bonds to pay tax certiorari settlements or judgments of any kind to which the county is a party, not to exceed fifteen million dollars; and effective in the year two thousand seven, upon request of the county, the authority shall issue, in the amount requested, bonds to pay tax certiorari settlements or judgments of any kind to which the county is a party, not to exceed S. 7505--B 104 A. 9505--B ten million dollars. Whenever this title establishes a limit on the principal amount of bonds that the authority is authorized to issue, there shall not be counted against such limit (i) amounts determined by the authority as reasonable to be used to pay the cost of issuing such bonds, (ii) the amount of bonds that would constitute interest under the Internal Revenue Code of 1986, as amended, and (iii) amounts determined by the authority as necessary to establish any reserves. The authority shall have the power from time to time to refund any bonds of the authority by the issuance of new bonds, whether the bonds to be refunded have or have not matured, and may issue bonds partly to refund bonds of the authority then outstanding and partly to pay the financeable costs pursuant to section thirty-six hundred fifty-five of this title. Bonds issued by the authority shall be payable solely out of particular revenues or other moneys of the authority as may be desig- nated in the proceedings of the authority under which the bonds shall be authorized to be issued, subject to any agreements entered into between the authority and the county, and subject to any agreements with the holders of outstanding bonds pledging any particular revenues or moneys; but in no event shall transitional state aid be pledged as security for or be made available for the payment of bonds. 2. The authority is authorized to issue its bonds for a period ending not later than December thirty-first, two thousand [seven] TWENTY-ONE. The authority may issue bonds to refund bonds previously issued without regard to the limitation in the first sentence of this subdivision, but in no event shall any bonds of the authority finally mature later than January thirty-first, two thousand [thirty-six] FIFTY-ONE. Notwithstand- ing any other provision of law, no bond of the authority shall mature more than thirty years from the date of its issue. § 2. Severability. If any provision of this act or if any application thereof to any person or circumstances is held invalid, the remainder of this act and the application of the provision to the other person and circumstances shall not be affected thereby. § 3. This act shall take effect immediately. PART ZZ Section 1. Subdivision 1 of paragraph b of section 33.10 of the local finance law is REPEALED. § 2. This act shall take effect immediately. PART AAA Section 1. Section 3-110 of the election law, as amended by section 1 of part YY of chapter 55 of the laws of 2019, is amended to read as follows: § 3-110. Time allowed employees to vote. 1. [A] IF A registered voter DOES NOT HAVE SUFFICIENT TIME OUTSIDE OF HIS OR HER SCHEDULED WORKING HOURS, WITHIN WHICH TO VOTE ON ANY DAY AT WHICH HE OR SHE MAY VOTE, AT ANY ELECTION, HE OR SHE may, without loss of pay for up to [three] TWO hours, take off so much working time as will, WHEN ADDED TO HIS OR HER VOTING TIME OUTSIDE HIS OR HER WORKING HOURS, enable him or her to vote [at any election]. 2. [The employee] IF AN EMPLOYEE HAS FOUR CONSECUTIVE HOURS EITHER BETWEEN THE OPENING OF THE POLLS AND THE BEGINNING OF HIS OR HER WORK- ING SHIFT, OR BETWEEN THE END OF HIS OR HER WORKING SHIFT AND THE CLOS- ING OF THE POLLS, HE OR SHE SHALL BE DEEMED TO HAVE SUFFICIENT TIME S. 7505--B 105 A. 9505--B OUTSIDE HIS OR HER WORKING HOURS WITHIN WHICH TO VOTE. IF HE OR SHE HAS LESS THAN FOUR CONSECUTIVE HOURS HE OR SHE MAY TAKE OFF SO MUCH WORKING TIME AS WILL, WHEN ADDED TO HIS OR HER VOTING TIME OUTSIDE HIS OR HER WORKING HOURS ENABLE HIM OR HER TO VOTE, BUT NOT MORE THAN TWO HOURS OF WHICH SHALL BE WITHOUT LOSS OF PAY, PROVIDED THAT HE OR SHE shall be allowed time off for voting only at the beginning or end of his or her working shift, as the employer may designate, unless otherwise mutually agreed. 3. If the employee requires working time off to vote the employee shall notify his or her employer not MORE THAN TEN NOR less than two working days before the day of the election that he or she requires time off to vote in accordance with the provisions of this section. 4. Not less than ten working days before every election, every employ- er shall post conspicuously in the place of work where it can be seen as employees come or go to their place of work, a notice setting forth the provisions of this section. Such notice shall be kept posted until the close of the polls on election day. § 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 judgement shall not affect, impair, or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph, subdivision, section or part thereof directly involved in the controversy in which such judgement 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 AAA of this act shall be as specifically set forth in the last section of such Parts.
Comments
Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.
Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.
Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.